20140910 BMMIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
September 10,2014
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
Vrsrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Committee, or any personne! as defined in the
subject Code sections. Gopies of the Gity Code sections on lobbyists laws are available in the
City Glerk's Office. Questions regarding the provisions of the Gode should be directed to the
Office of the City Attorney.
Special note: ln order to ensure adequate public consideration, if necessary, the Mayor and City
Commission may move any agenda item to the alternate meeting date, which will only be held if needed. ln
addition, the Mayor and City Commission may, at their discretion, adjourn the Commission Meeting without
reaching all agenda items.
Call to Order - 8:30 a.m.
lnspirational Message, Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
The City Commission will recess for lunch at approximately 12:00 p.m.
Presentations and Awards Reqular Aqenda
PA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances
Consent Aqenda R7 Resolutions
C2 Competitive Bid Reports Rg New Business & Commission Requests
C4 Commission Committee Assignments R10 City Attorney Reports
C6 Commission Committee Reports
C7 Resolutions Reports and lnformational ltems
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, September 10, 201 4
Presentations and Awards
Presentations and Awards will take place September 17,2014.
CONSENT AGENDA
Action:
Moved:
Seconded:
Vote:
C2 - Competitive Bid Reports
C2A Request Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2014-159 For
Maintenance And Repair Of Citywide Fountains.
(Property ManagemenUPublic Works/Procurement)
C2B Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2014-191-
SW For Citywide Painting (lnterior And Exterior) And Waterproofing Services.
( Property Ma nagemenUPu blic Works/Procurement)
C4 - Commission Gommittee Assignments
C4A Referral To The Planning Board - Proposed Ordinance Amendment To Section 1 18-5, To Provide
A Definition For A Unified Development Site.
(Planning)
C4B Referral To The Finance And Citywide Projects Committee A Discussion Regarding Potential
Purchase Of Air Rights For 6940 Abbott Avenue From AT&T For Future Development Of A
Parking Garage ln The North Beach Town Center.
(Tourism, Culture & Economic Development)
C4C Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Modify The Building Height Measurement Requirements For Single Family Homes.
(Sponsored by Land Use and Development Committee)
(Legislative Tracking: Planning)
C4D Withdrawal Of Previous Referral To The Planning Board - Proposed Amendments To The Land
Development Regulations To Modify Single Family Homes.
(Sponsored by Land Use and Development Committee)
(Legislative Tracking: Planning)
2
Commission Agenda, September 10, 201 4
G4 - Gommission Committee Assiqnments (Continued)
C4E Referral To The Planning Board - Proposed Amendment To The Land Development Regulations
To Require That The Demolition Of Any Single Family Home lnclude Posting As Part Of The
Comprehensive Demolition Procedures Pending Before The Planning Board.
(Sponsored by Land Use & Development Committee)
(Legislative Tracking: Planning)
C4F Referral To The Planning Board - Review Of A Waiver Of Development Regulations ln A GU
District For Alcoholic Beverage Service At The Byron Carlyle Theater For O Cinema And At The
Miami Beach Cinematheque.
(Tourism, Culture & Economic Development)
C4G Referral To The Finance And Citywide Projects Committee And The Mayor's Blue Ribbon Panel
On Flooding And Sea Rise Regarding The 2015-2016 Storm Water Utilities Calculations.
(Requested by Vice-Mayor Michael Grieco)
C4H Referral To The Historic Preservation Board Regarding Ocean Drive CIP Project And
Accompanying Amendments To The Sidewalk Caf6 Ordinances.
(Requested by Vice-Mayor Michael Grieco)
C4l Referral To Land Use And Planning Board Regarding An Ordinance Amendment To Chapter 106
Relating To Parking - To Require A Parking Plan During Construction For Commercial Building
Projects.
(Requested by Vice-Mayor Michael Grieco)
C4J Referral To The Finance And Citywide Projects Committee To Permit The Vacation Of A Right
Of-Way Parcel On The North Side Of 5860 North Bay Road And Approve A Storm Water Utility
Easement, To Facilitate The City's Storm Water lmprovements On The South Side Of The Same
Property.
(Requested by Vice-Mayor Michael Grieco)
C4K Referral To The Budget Advisory Committee From The Finance And Citywide Projects
Committee To Discuss Strategic Pricing For Miami Beach Golf Club And Normandy Shores Golf
Club; And Review Of The Premier Golf Card.
(Parks & Recreation)
C4L Referral To The Next Land Use & Development Committee - Revise Proposed Amendment To
The Land Development Regulations To Establish Demolition Procedures For All Properties ln
The City.
(Requested by Commissioner Deede Weithorn)
3
Commission Agenda, September 10, 201 4
C4 - Commission Committee Assiqnments (Continued)
C4M Referral The To Finance And Citywide Projects Committee - Discussion Regarding A New
Program For Expedited Lien Searches With A Turn-Around Time Of One To Two Business Days;
Charging Customers $250.00 For An Expedited Certified Lien Search And $300.00 For An
Expedited Certified Condominium Lien Search lncluding Common Areas.
(Finance)
G6 - Commission Gommittee Reports
C6A Report Of The Neighborhood/Community Affair Committee Meeting Of July 25, 2014: 1)
Discussion Regarding A Request From The North Bay Village Mayor To Discuss North Bay
Village Residents' Use Of The Normandy lsle. 2) Discussion Regarding An Ordinance Amending
Chapter 70 Of The Code Of The City Of Miami Beach, Entitled "Miscellaneous Offenses," By
Amending Article ll, Entitled "Public Places" By Amending Section 70-67, Entitled "Prohibited
Activities" To Prohibit Motorized Means Of Transportation ln, On Or Upon Any Portion Of A) The
Beachwalk Between 15th To 23'd Streets And Between 64th To 79th Streets, And South Of 5th
Street; B) On The Lummus Park Promenade (Also Known As The Lummus Park Serpentine
Walkway) Between Sth And 1Sth Streets; C) The Sidewalks On The East Side Of Ocean Drive
Between South Pointe Drive And 1Sth Street; D) The South Pointe Park Cutwalk Adjacent And
Parallel To Government Cut; And E) The Marina Baywalk Adjacent And Parallel To Biscayne Bay
And South Of sth Street; Providing For Repealer, Severability, Codification, And An Effective
Date. 3) Discussion Regarding A Motion Made By The Committee For Quality Education To
Explore An Additional Exit lnstalled At The Northeast Corner Of The Public Parking Lot At 42nd
Street And Royal Palm Avenue Beside North Beach Elementary School. 4) Discussion Regarding
A Commercial Use Permit Process And Fee For The Purpose Of Legitimizing And Managing
Fitness Training And Other Outdoor Professional Services At City Facilities, Parks And Beach. 5)
Discussion Regarding The Current Flamingo Park Master Plan. 6) Discussion Regarding South
Pointe Park-Washington Avenue Water Feature Remediation. 7) Discussion Regarding The
Creation Of A Holistic Plan For Collins Park. 8) Discussion Regarding Automated External
Defibrillators (AED) ln Public Places.
COB Report Of The Land Use And Development Committee Meeting Of August 20, 2014: 1)
Discussion On How To Mitigate The lmpact Of The Loading Zone Ordinance On Available
Washington Avenue Parking. 2) Sea Level Rise And Building Heights. 3) Discussion On
Proposed Amendments To The Single Family Home Ordinance. 4) Washington Avenue Scope Of
Services. 5) Sidewalk Caf6 Solicitation.
COC Report Of The Finance And Citywide Projects Committee Meeting Of July 30, 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 On lncreasing The
Living Wage Rate ln Accordance With The Options Pursuant To The Ordinance 2010-3682. 3)
Discussion On The Proposed Terminal lsland Residential Project. 4) Discussion Regarding The
Vacation Of St. Patrick's Campus (Portion Of North Meridian Avenue Between Barry And 39th
Street).
4
Commission Agenda, September 10, 2014
C6 - Commission Commiftee Reports (Continued)
C6D Report Of The Finance And Citywide Projects Committee Meeting On August 13, 2014. 1l
Discussion Regarding The Greater Miami Convention And Visitors Bureau Interlocal Agreement.
2) Discuss The Purchase Of Flood lnsurance, All-Risk Property lnsurance, lncluding Windstorm,
Boiler & Machinery lnsurance For City Buildings And Contents (lncluding New Construction); And
Fine Arts Insurance (Bass Museum), As Proposed By Arthur J. Gallagher Risk Management
Services, lnc., The City's Broker Of Record. 3) Discussion Regarding The Use Of The Byron
Carlyle Theater. 4) Employee Wellness Program. 5) Status Update On FY 2014115 General Fund
Operating Budget Potential Efficiencies, Reductions, Enhancements, Revenue Enhancements.
C6E Report From The July 9, 2014 Flooding Mitigation Committee Meeting: 1) Update From The
Mayor's Blue Ribbon Panel On Flooding And Sea Rise; 2) Status On Flooding Mitigation Related
Projects; 3) Presentation Of Seawall Design And Decision To lncrease Seawall Height.
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Take The
Following Actions: 1) Submit A Grant Application To The US Department Of Homeland Security
ln The Approximate Amount Of $100,000 For Urban Area Security lnitiative (UASI) Funding For
The City's Homeland Security Needs; 2) Submit An Application To The Rockefeller Foundation
For The 100 Resilient Cities Challenge, For Technical And Financial Resources To Create And
Execute Resilience Strategies On A Citywide Scale; And, 3) Execute An lnterlocal Agreement
And Affidavit With Miami-Dade County For The FY 2014115 Miami-Dade County Municipal
Parking Fines Reimbursement Program, For Funding ln The Approximate Amount Of $55,000, To
lmprove Accessibility And Equal Opportunity To Qualified Persons Who Have Disabilities And To
Conduct Public Awareness Programs; 4) Submit A Grant Application To The State Of Florida,
Department Of Health, For Funding ln The Approximate Amount Of $40,000 For Equipment
Related To Pre-Hospital Emergency Services Approving And Authorizing The Appropriation Of
The Above Grants And Funding Requests, lncluding Any Requisite Matching Funds And City
Expenses; 5) Submit A Grant Application To The Little Lighthouse Foundation ln The
Approximate Amount Of $5,000 For Funding For Success University; And, Further, Retroactively
Approving The Following: 6) Submit A Grant Application To The Children's Trust Service
Partnership Program For Funding ln The Approximate Amount Of $425,000 For The City's
Success University Program And Further Authorizing The City Manager Or His Designee To Take
All Necessary Steps And Execute All Necessary Documents ln Connection With The Aforestated
Grants And Funding Requests, lncluding, Without Limitation, Applications, GranUFunding
Agreements And Audits.
(Budget & Performance lm provement)
5
Commission Agenda, September 10, 201 4
G7 - Resolutions (Continued)
C7B 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 David Mancini &
Sons, lnc., (DMSI), In The Amount Of $400,000, To Settle All Pending And Future Claims For
Damages By DMSI Pertaining To The Bayshore Neighborhood 8E - Sunset lslands 1 & 2 Right-
Of-Way lnfrastructure lmprovement Project; With Previously Appropriated Funding.
(Capital lmprovement Projects)
C7C Appointment Of Chief Special Master1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Appointment Of Enrique
Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On October 24,
2014, And Ending On April 23, 2015; Provided Further That Chief Special Master Zamora
Shall Be Authorized To Hold Hearings And lmpose Fines, Liens And Other Non-Criminal
Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also
Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To
Conduct The Subject Hearings; And Further lncorporating All Other Matters Set Forth
Within Chapter 30 Of The City Code, lncluding, Without Limitation, Sections 30-37 And 30-
38 Thereof, Concerning The Compensation And Duties Of The Chief Special Master.
2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code,
Enrique Zamora, Esq. (Chief Special Master Appointed Pursuant To Resolution No.
$ G.-'.];,fl..'8:f #"[1];'ft1;i^",*T'ni;;;yJjii,i"X!3'.i;"'39#"^?i'J,"?3?
October 24,2014, And Ending On April 23,2015.
(City Clerk's Office)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No.2014-050-SR (The RFQ), For A
Master Plan Of The Lincoln Road District; Authorizing The Administration To Enter lnto
Negotiations With James Corner Field Operations, L.L.C.; And Should The Administration Not Be
Successful ln Negotiating An Agreement With James Corner Field Operations, L.L.C., Authorizing
The Administration To Enter lnto Negotiations With B.l.G. Architecture, D.P.C.; And Should The
Administration Not Be Successful ln Negotiating An Agreement With B.l.G. Architecture, D.P.C.,
Authorizing The Administration To lssue A New RFQ; And Further Authorizing The Mayor And
City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
(City Manager's Office/Procurement)
C7E A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase And lnstallation Of Mutualink Peer-To-Peer lnteroperable Network Access
Multimedia Communications Platform To lnclude Software Licensing, Upgrades, Annual
Maintenance And Training From Mutualink, lnc., The Sole Source Provider, Manufacturer,
lntergrator and Sole Distributor.
(Emergency ManagemenUProcurement)
6
Commission Agenda, September 10, 201 4
C7 - Resolutions (Continued)
C7F A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase And lnstallation Of Emergency Medical, Police And Fire Priority Dispatch
Systems To lnclude Software, Training And Annual Maintenance, From Priority Dispatch
Corporation, The Sole Source Distributor.
(Emergency ManagemenUProcurement)
C7G A Resolution Adopting The Certificate Of County Canvassing Board For The August 26, 2014
Special Election For The City Of Miami Beach, And Declaring Results Thereof.
(City Attorney's Office)
C7H A Resolution Approving The One-Time Use Of Advance Drawdowns Of Home lnvestment
Partnership (HOME) Program Funds By Carrfour Supportive Housing, lnc. (Carrfour), Which
Drawdown Will Fund Carrfour's Harding Village Rehabilitation Project, Facilitate The City's Timely
Expenditure Of Said Funds By September 30, 2014, And Avoid Any Recapture Of The Funds By
HUD; And Further Authorizing The City Manager, Or His Designee, To Review And Approve
Such Draw Requests.
(Housing & Community Services)
c7t A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant Request For Proposals No. 2014-127-lR (The RFP), For Medical
Services For Pre And Post Employment Services; Authorizing The Administration To Enter lnto
Negotiations With The Top Ranked Proposer, The Mount Sinai Medical Center; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Top-Ranked Proposer,
Authorizing Negotiations With The Second-Ranked Proposer, Work lnjury Solutions Of Dade
County D/B/A Health Care Center Of Miami; And Further Authorize The Mayor And City Clerk To
Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(H uman Resources/Procurement)
C7J A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To lssue A Request For Proposal (RFP) For A Wellness Program As A Component Of The
Employment Benefits With The City Of Miami Beach.
(Human Resources)
C7K A Resolution Accepting The Recommendation Of The City Manager, Pursuant To lnvitation To
Negotiate (lTN) 2014-170-SW For A Gated Revenue Control System For The City's Parking
Garages; Authorizing The Administration To Enter lnto Negotiations With All The Proposers; To
Wit: Skidata, lnc., Amano McGann, lnc., LCN, lnc. D/B/A Consolidated Parking Equipment, WPS
USA Corp., And Scheidt & Bachmann USA, lnc.; And Further Authorizing The Mayor And City
Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
( Parking/Procu rement)
7
Commission Agenda, September 10, 201 4
C7 - Resolutions (Continued)
C7L A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 3
To The Professional Services Agreement (Agreement) With Walker Parking Consultants, lnc.,
Dated October 30, 2013; Said Amendment lncreasing The Scope Of The Agreement To lnclude
A Parking Demand Analysis For Middle Beach, To Be Funded From The Remaining Contingency
Funds Under Said Agreement, ln An Amount Not To Exceed $17,000.
(Parking)
C7M A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant lnvitation To Negotiate No. 2014-215-LR (The ITN), For Band Shell
Management Services; Authorizing The Administration To Enter lnto Negotiations With The
Rhythm Foundation, lnc.; And lf Unsuccessful ln Negotiating An Agreement With The Rhythm
Foundation, lnc., Authorize The Administration To Negotiate With The Fantasy Theatre Factory,
lnc. And The Market Company, lnc.; And Further Authorizing The Mayor And City Clerk To
Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(Parks & Recreation/Tourism & Cultural DevelopmenUProcurement)
C7N A Resolution Accepting The Recommendations Of The Neighborhood/Community Affairs
Committee At lts July 25,2014 Meeting, And Providing North Bay Village Residents With Access
To The Normandy lsle Park Pool, Located At 7030 Trouville Esplanade, Between The Hours Of
9:00 a.m. And 4:00 p.m., During Non-Summer Months, At A Fifty Percent Reduced Rate From
The Miami Beach Non-Resident Rates; And Offering An Additional Registration Period For The
City's Beach/Sand Volleyball Program For North Bay Village Residents At A Reduced Rate To Be
Equal To Fifty Percent Of The Difference Between The Miami Beach Resident Rate And Miami
Beach Non-Resident Rate, With Said Registration Period To Occur After The Registration Period
Offered For Miami Beach Residents.
(Parks & Recreation)
C7O A Resolution Authorizing The City Manager And City Clerk To Execute A Memorandum Of
Understanding Between The City Of Miami Beach, On Behalf Of The Miami Beach Police
Department, And The Federal Bureau Of lnvestigation, South Florida Joint Terrorism Task Force,
For The Purpose Of The Prevention, Preemption, Deterrence And lnvestigation Of Terrorist Acts,
And Apprehend lndividuals Who May Commit Or Plan To Commit Such Acts.
(Police)
C7P A Resolution Authorizing The City Manager And City Clerk To Execute A Voluntary Cooperation
And Operational Assistance Mutual Aid Agreement With The School Board Of Miami-Dade
County, Florida, On Behalf Of The Miami-Dade Schools Police Department, For The Purpose Of
Coordinating Law Enforcement Planning, Operations, And Mutual Aid Benefit Between The City
Of Miami Beach And The School Board Of Miami-Dade County, Florida.
(Police)
8
Commission Agenda, September 10, 201 4
C7 - Resolutions (Continued)
C7Q A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase Of Taser Brand Products And Accessories, From Taser lnternational, lnc., The
Manufacturer And Sole Distributor Of Said Products And Accessories.
(Police/Procurement)
C7R A Resolution Approving And Authorizing The City Manager, Or His Designee, To Utilize Florida
Sheriffs Association (FSA) Contracts For The Purchase Of Vehicles And Equipment And Waiving,
By 5l7th Vote, The Formal Competitive Bidding Requirement, Finding Such WaiverTo Be ln The
Best lnterest Of The City.
(Public Works)
C7S A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-11s-SR, For Professional
Engineering Consulting Services Relating To The Design Of The New West Avenue Bridge Over
The Collins Canal (The "RFQ"); Authorizing The Administration To Enter lnto Negotiations With
The Top Ranked Proposer, Gannett Fleming, 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, Parsons
Brinckerhoff, lnc.; And Should The Administration Not Be Successful ln Negotiating An
Agreement With The Second-Ranked Proposer, Authorizing The Administration To Enter lnto
Negotiations With The Third Ranked Proposer, T.Y. Lin lnternational; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Third-Ranked Proposer,
Authorizing The Administration To Enter lnto Negotiations With The Fourth Ranked Proposer,
Network Engineering Services, lnc., D/B/A Bolton, Perez And Associates; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Fourth-Ranked
Proposer, Authorizing The Administration To lssue A New RFQ; Further Authorizing The Mayor
And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
( Public Works/Procurement)
C7f A Resolution Accepting The Written Recommendation Of The City Manager (As Set Forth ln The
City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7th Vote, The
Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City,
And Approving, ln Substantial Form, The Attached Agreement Between The City And Living Arts
Trust, lnc. D/B/A O Cinema For The Operation And Management Of A Portion Of The Byron
Carlyle Theater, Subject To Final Negotiation Of Same Between The City Administration And O
Cinema, And Subject To Legal Review And Form Approval Of The Final Negotiated Agreement
By The City Attorney's Office; Said Agreement Having An lnitial Term Of Five (5) Years,
Commencing On October 1,2014, And Ending On September 30, 2019, With An Option To
Extend The Agreement For Up To Five (5) Additional Years (ln Either One Year Or Multi-Year
Increments, As Determined By The City), At The City's Sole Discretion.
(Tourism, Culture & Economic Development)
9
Commission Agenda, September 10, 2014
C7 - Resolutions (Continued)
C7U A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The First
Amendment To ATM Lease Between The City And Suntrust Bank (Tenant), Dated June 30, 2009,
For The Premises Located At 1700 Convention Center Drive, Miami Beach, Florida (City Hall);
Said Amendment Acknowledging Tenant's Exercise Of lts Sole Renewal Option, For A Period Of
Four (4) Years And Three Hundred Sixty Four (364) Days, Retroactively, Commencing August 1,
2014 And Ending July 30, 2019; And Further Retroactively Approving The Relocation Of The
ATM Machine From City Hall To 1755 Meridian Avenue, First Floor, Miami Beach, Florida.
(Tourism, Culture & Economic Development)
C7V A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Discontinue The Nightlife lndustry Task Force Forums And Directing The City Administration
To Hold A Series Of Public Workshops For lnterested lndividuals To Discuss And Provide lnput
Regarding The City's Nightlife lndustry.
(Tourism, Culture & Economic Development)
C7W A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee To Adopt The Updated Cultural Affairs Strategic Plan, lncluding An lncrease ln The
Number Of Community Benefit Fund Rent Waivers And The Capping Of The Annual Fund
Balance At lts Current Level Of $2,640,184, But Providing For An Annual lncrease For lnflation,
And Directing The City Administration Not To Utilize The Cultural Arts Council Endowment Fund
To Fund Sleepless Night.
(Tourism, Culture & Economic Development)
C7X A Resolution Waiving The Square Footage Fees ($0.25 Per Sq. Ft) For This Year's Orgullo 2014
Event, Which ls Approximately 23,500 Sq. Ft. For A Total Of $5,875.00.
(Requested by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney's Office)
C7Y A Resolution Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole
Source Purchase Of SD-42 lronsite Series Litter Receptacles, And All Department-lssued
Accessories, From Victor Stanley lnc., The Sole Manufacturer Authorized Distributor ln The State
Of Florida For Victor Stanley Brand Products.
(Public Works)
End of Consent Aqenda
10
10
Commission Agenda, September 10, 201 4
REGULAR AGENDA
R2 - Gompetitive Bid Reports
R2A Request For Approval To lssue An Addendum To The Request For Proposals (RFP) 2014-294-
ME For Design-Build Services For The Miami Beach Convention Center Renovation And
Expansion Project, Which lncludes The Criteria For Phase ll Evaluation Process.
(City Manager's Office/Procurement)
R5A
R5B
R5 - Ordinances
RM-3 Accessory Uses
An Ordinance Amending The Land Development Regulations Of The City Code By Amending
Chapter 142, "Zoning Districts And Regulations," Article lV "Supplementary District Regulations,"
Division 2, "Accessory Uses," Section 142-902, "Permitted Accessory Uses," Amending Criteria
For Accessory Uses ln Apartment Buildings; Providing For Repealer; Codification; Severability
And An Effective Date. 10:15 a.m. Second Reading Public Hearing
(Legislative Tracking: Planning)
(First Reading Public Hearing on July 23,2014 - RsH)
Building Heights
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, "General Provisions," Section 114-1, "Definitions," By lncluding Definitions For Minimum
Finished Floor And City Of Miami Beach Freeboard, And By Amending The Definition Of Height
Of Building; Providing For Repealer; Severability; Codification; And An Effective Date. 10:20 a.m.
Second Reading Public Hearinq
(Sponsored By Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on July 23,2014 - Rsl)
11
11
Commission Agenda, September 10, 201 4
R5 - Ordinances (Continued)
R5C Transfer Of Variance And Flood Plain Waiver Authority To The Design Review Board And
Historic Preservation Board
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 1 18, "Administrative And Review Procedures," Article Vlll, "Procedure For Variances And
Administrative Appeals," Section 118-351, "Determination Of Jurisdiction," Section 118-352,
"Procedure;" Article ll, "Boards," Division 3, "Design Review Board," Section 118-71, "Powers
And Duties;" Division 4, "Historic Preservation Board," Section 102, "Powers And Duties;"
Division 5, "Board Of Adjustment," Section 118-136, "Powers And Duties;" To Amend The
Jurisdiction Of The Boards Of Adjustment, Design Review, And Historic Preservation By
Authorizing The Design Review And Historic Preservation Boards To Grant Variances Presented
ln Applications Within Their Respective Jurisdictions, Amending The Authority Of The Board Of
Adjustment To Reflect That Changed Authorization, And To Transfer The Authority Of The Board
Of Adjustment Acting As The Flood Plain Management Board To The Design Review And
Historic Preservation Boards, To Authorize Such Boards To Grant Variances From The Flood
Plain Ordinance For Applications Within Their Respective Jurisdictions; Providing For Repealer;
Codification; Severability And An Effective Date. 10:25 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on June 1 1, 2014 - RsM)
RsD Tree Preservation And Protection Ordinance
An Ordinance Amending Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By
Amending Article ll, "Care And Maintenance Of Trees And Plants," By Amending Division 2,
"Trees"; To Amend The Definitions, Purpose And lntent; Scope, Applicability And Exemptions;
Permitting Application Requirements, Notice And Procedures For Obtaining Permits; lmposing
Criteria And Conditions For Tree Removal And Relocation; Tree Replacement; Tree Preservation
And Protection Requirements; Defining And Protecting Heritage And Specimen Trees;
EstablishingAMiamiBeachTreePreservationTrustFund;
Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban Forester; And
Providing For Repealer; Codification; Severability; And An Effective Date. f 0:30 a.m. Second
Readinq Public Hearinq
(Sponsored by the Neig hborhood/Com m u n ity Affairs Com m ittee)
(Legislative Tracking: Public Works)
(First Reading on July 23,2024 - RsK)
RsE An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration," By
Amending Article lV Entitled "Officers And Employees," By Amending Section 2-191 Entitled
"Enumeration Of Organizational Units," By Creating The Department Of Emergency
Management, Correcting Re-Lettering And Scrivener's Errors; And Providing For Repealer
Severability; Codification And An Effective Date. 10:35 a.m. Second Readins Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Human Resources)
(First Reading on July 23, 2014 - RsL)
12
12
Commission Agenda, September 10, 201 4
R5 - Ordinances (Continued)
RsF An Ordinance Amending Chapter 110 Of The Miami Beach City Code, Entitled "Utilities;"
Amending Article lll Thereof, Entitled "Stormwater Utility;" Amending Section 110-109 Thereof
Entitled "Stormwater Utility Fees," By Amending Appendix A Thereto Entitled "Fee Schedule," To
lncrease The Stormwater Utility Service Charge lmposed By The City As Of October 1,2014;
Providing For Codification, Repealer, Severability, And An Effective Date. 10:40 a.m. Second
Readinq Public Hearinq
(Sponsored by the Finance & Citywide Projects Committee)
(Legislative Tracking: Finance)
(First Reading on July 23, 2014 - RsM)
R5G
R5H
R5t
An Ordinance Amending Chapter 2 Of The City Code, Entitled "Administration," By Amending
Article Vl, Entitled "Procurement," By Amending Division 3, Entitled "Contract Procedures," By
Repealing Section 2-372, Entitled "Procedure To Provide Preference To Miami Beach-Based
Vendors ln Contracts For Goods And Contractual Services"; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:50 a.m. Second Readinq Public Hearinq
(Sponsored by the Finance & Citywide Projects Committee)
(Legislative Tracking: Procurement)
(First Reading on July 23, 2014 - RsN)
Definition Of Motion Picture Theater
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
114, "General Provisions," Section 114-1, "Definitions," ByAdding A Definition Of Motion Picture
Theatre; Providing For Repealer; Codification; Severability; And An Effective Date.F.Ist Reading
(Sponsored By City Commission)
(Legislative Tracking: Planning)
Collins Waterfront Historic District Parking Garage Heights Ordinance
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
130, "Off-Street Parking,"Article lll, "Design Standards," Section 130-68, "Commercial And Non-
Commercial Parking Garages," By Amending The Maximum Height And Requirements For
Allowable Accessory Commercial And Residential Uses Of Main Use Parking Garages Located
Within The Collins Waterfront Local Historic District; Providing For Codification; Repealer;
Severability; And An Effective Date. First Readinq
(Sponsored By Commissioner Jonah Wolfson)
(Legislative Tracking: Planning)
13
13
Commission Agenda, September 10, 2014
R5 - Ordinances (Continued)
RsJ An Ordinance Amending Chapler 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article Vl, Entitled "Procurement," By Amending Division 3,
Entitled "Contract Procedures," By Amending Section 2-366, Entitled "Generally," Section 2-367,
Entitled "Rejection Of Bids; Negotiation; Waiver Of Competitive Bidding," Section 2-369, Entitled
"Award Of Contract," And Section 2-370, Entitled "Award Of Contract To Other Than Low Bidder,"
By lncreasing The Threshold For Formal Bids And The City Manager's Authority To Award A
Contract From $25,000 To $50,000, As Well As Expanding The Use Of Cooperative Purchases;
By Further Amending Section 2-371, Entitled "Authority To Resolve Protested Bids And Awards,"
By Amending The Procedure For Protested Bids And Proposed Awards; By Amending Division 4,
Entitled "Purchases," By Amending Section 2-395, Entitled "Open Market Procedures," By
lncreasing The Threshold For Open Market Purchases From $25,000 To $50,000 And Amending
Terminology Therein; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Finance & Citywide Projects Committee)
(Legislative Tracking: Procurement)
RsK An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article Vl, Entitled "Procurement," By Amending Division 6,
Entitled "Living Wage Requirements For Service Contracts And City Employees," By Amending
Section 2-408, Entitled "Living Wage," By lncreasing The Living Wage Rate By 3o/o For Fiscal
Year 2014-2015 And Deleting Phase ln Language That ls Outdated Due To The Passage Of
Time; Providing For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Procurement)
(ltem submitted in a separate "Budget Related ltems" book)
RsL An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities,"
Amending Article lV, Entitled "Fees, Charges, Rates And Billing Procedure;" Amending Division
2, Entitled "Rates, Fees And Charges," By Amending Section 110-166, Entitled" Schedule Of
Water Rates And Tapping Charges," And Section 110-168, Entitled "Sanitary Sewer Service
Charge," To Adjust Water And Sanitary Sewer Rates By The Same Percentage Enacted By
Miami-Dade Water And Sewer Department (WASD); And Also Amending Appendix A To Chapter
110, Entitled "Fee Schedule" To lncrease The Water Rates And Sanitary Sewer Service Charges
lmposed By The City Pursuant To Sections 110-166 And 110-168; Providing For Codification,
Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(ltem submitted in a separate "Budget Related ltems" book)
14
14
Commission Agenda, September 10, 201 4
R7 - Resolutions
R7A1 Adopt Tentative Ad Valorem Millage for General Operating Purposes
A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 5.7942 Mills For General
Operating Purposes, Which ls Thirteen And Four-Tenths Percent (13.4o/o) More Than The
"Rolled-Back" Rate Of 5.1076 Mills; And 2) The Debt Service Millage Rate Of 0.2295 Mills;
Further Setting The Second Public Hearing To Consider The Millage Rate For Fiscal Year (FY)
2014115, On Tuesday, September 30, 2014 At 5:01 p.m. 5:01 p.m. First Readinq Public
Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
R7A2 Adopt Tentative Budgets For General, G.O., RDA, Enterprise, lnternal Service, And Special
Revenue Funds
A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad Valorem
Taxes, Enterprise, lnternal Service Funds, and Special Revenue Funds For Fiscal Year 2014115
Subject To A Second Public Hearing Scheduled On Tuesday, September 30, 2014 At 5:01 p.m.
5:01 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
R7B1 Adopt Tentative Ad Valorem Millage for Normandy Shores Local GovernmentA Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood lmprovement District Adopting The Tentative Ad Valorem Millage Rate Of 1.1305
Mills For Fiscal Year (FY) 2014115 For The Normandy Shores Local Government District, Which
ls One Percent (1%) Less Than The "Rolled-Back" Rate Of 1.1391 Mills Subject To A Second
Public Hearing Scheduled On Tuesday, September 30, 2014 At 5:02 p.m. 5:02 p.m. First
Readinq Public Hearins
(Budget & Performance Improvement)
(!tem submitted in a separate "Budget Related ltems" book)
R7B2 Adopt Tentative Operating Budget For Normandy Shores Local GovernmentA Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood lmprovement District Adopting The Tentative Operating Budget For Fiscal Year
(FY) 2014l15 Subject To A Second Public Hearing Scheduled On Tuesday, September 30,2014
At 5:02 p.m. 5:02 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
R7C Adopt Tentative FY 2014115-2018/19 Capital lmprovement Plan & Capital Budget
A Resolution Adopting The Tentative Capital lmprovement Plan For Fiscal Years (FY) 2014115-
2018119 And Adopting The City Of Miami Beach Tentative Capital Budget For (FY) 2014115
SubjectTo A Second Public Hearing Scheduled On Tuesday, September 30, 2014 At 5:03 p.m.
5:03 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(!tem submitted in a separate "Budget Related ltems" book)
15
15
Commission Agenda, September 10, 201 4
R7 - Resolutions (Continued)
R7D lndependentContractorAgreements
1.
2.
A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter lnto Certain
lndependent Contractor Agreements For Professional And Other Services, As Required,
And As The City Manager Deems ln The Best lnterest Of The City, Subject To And
Contingent Upon The Following Parameters: 1) The City Manager Shall Only Enter lnto
Contracts To Provide Services Or Work Related To Vacant Budgeted Positions, As
ldentified ln The City's Approved Fiscal Year (FY) 201412015 Budget; 2) The Amount Of
The Fee Or Other Compensation Under Such Contract(s) Shall Not Exceed The
Authorized Amount For The Respective Classification, As Set Forth ln The City's
Classified Or Unclassified Salary Ordinance (As The Case May Be); 3) The Term Of Any
lndependent Contractor Agreement Authorized Herein Shall Not Extend Beyond The End
Of FY 201412015 (September 30, 2015); 4) At A Minimum, The City Manager Shall
Require That Any lndependent Contractor Agreement Entered lnto Pursuant To This
Resolution Shall Utilize The City's Standard Form For lndependent Contractors (As
Attached To This Resolution), Provided That The City Manager May lncorporate
Additional Terms, Which May Be More Stringent, But Not More Lenient; 5) Requiring The
City Manager To lssue A Letter To Commission Each Fiscal Quarter Commencing On
January 1, 2015, Which Delineates Those lndependent Contractor Agreements That
Exceed $25,000 And 6) Providing That The Authority Granted To The City Manager
Pursuant To This Resolution Shall Be Brought To The City Commission For Renewal As
Part Of The Annual Operating Budget Approval.
A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter lnto Certain
lndependent Contractor Agreements For The Following Services, As Required, And As
The City Manager Deems ln The Best lnterest Of The City: Athletics lnstruction/Coaching/
Refereeing, lncluding But Not Limited To The Following Categories: Baseball, Softball,
Soccer, Gymnastics, Cheerleading, Volleyball; lce Skating, Hockey, Swimming, lce
Guards, Aerobics lnstruction; Fitness lnstruction; Arts/Music/Cultural/Drama lnstruction
And Or lnstrument Repair; Computer/Media Services, lncluding But Not Limited To
lnstruction And Repair; Recreational Programming And lnstruction; lnstruction And
Therapy For Participants With Special Needs, lncluding But Not Limited To Education,
Health And Wellness; lnstructionffutoring, lncluding But Not Limited, To Education;
Cotillion; Speech, Debate, Social Skills, Literacy, Math And SAT; Fitness Classes,
lncluding But Not Limited To Aerobics, Zumba, Weight Room, Weight Loss, General
Fitness lnstruction, Adult And Youth Boot Camp And Baby Boot Camp; School Liaison
Officers; Resident Project Representatives (RPR); Community/Public lnformation
Services; Construction Cost Estimating/Consulting Services; Video Production Services;
Photography/Videography Services; Graphic Designer Services; Program Monitor
Services; Cost Allocation Services; Job Audits; Step lll Disciplinary Grievance Hearing
Officer; Auditors; Historical Researcher; Latent Examiner Services; Medical Director And
Accreditation Services/Support; Psychological And Testing Services; Organizational
Development Meeting Facilitation Services; Professional Training Services, lncluding But
Not Limited To, Application Systems Instruction, Methodologies For Application Systems
Development, Sexual Harassment, Diversity And Team Building; Home Visitors For The
ParentChild Home Program; lnstructors For The Mornings All-Star Programs And HUD
Compliance; Application Systems Consulting Services, lncluding But Not Limited To,
Application Systems, Architecture, Application Development Best Practices, Application
Security, Applications Quality Assurance, Application Monitoring, Mobile Application
Development; Consulting Services For Website And Digital Media Strategy; Web Design;
Graphic Design; After-Action Services; Provided Further That The City Manager Shall Be
16
16
Commission Agenda, September 10, 2014
Authorized To Negotiate, Enter lnto, And Execute The Aforestated Agreements Subject
To The Following Parameters: 1) The Amount Of The Fee Or Other Compensation Under
Such Agreement(s) Shall Not Exceed The Authorized Amount For The Respective
Services, As Set Forth ln The City's Approved Fiscal Year (FY) 201412015 Annual
Budget; 2) The Term Of Any Service Agreement Authorized Herein Shall Not Extend
Beyond The End Of FY 201412015 (September 30, 2015);3) At A Minimum, The City
Manager Shall Require That Any Agreement Entered lnto Pursuant To This Resolution
Shall Utilize The City's Standard Form lndependent Contractor Agreement (As Attached
To This Resolution), Provided That The City Manager May lncorporate Additional Terms,
Which May Be More Stringent, But Not More Lenient; And 4) Providing That The Authority
Granted To The City Manager Pursuant To This Resolution Shall Be Brought To The City
Commission For Renewal As Part Of The Annual Operating Budget Approval.
(Human Resources)
(ltem submitted in a separate "Budget Related ltems" book)
R7E Mayor Levine's Annual Salary And Other Compensation And Benefits Afforded To The Office Of
The Mayor.
(Requested by Mayor Philip Levine)
R7F Term Sheet And Vacation Of 87th Terrace East Of Collins Avenue
1.A Resolution Approving A Term Sheet Relating To The Preparation And Execution Of A
Development Agreement Between The City And 8701 Collins Development, LLC (8701),
Which Agreement Would Provide For The Vacation Of That Portion Of 87th Terrace East
Of Collins Avenue, ln Favor Of 8701 Collins Avenue, LLC (The "Applicant"); And Would
Among Other Terms And Conditions (1) Grants To The City Of A Ten Foot (10') Wide
Perpetual Access Easement Across The Northern-Most Portion Of The Vacated City
ROW; (2) Ensures Applicant's Payment Of A Voluntary Monetary Contribution ln The
Amount Of $10.5 Million Dollars, To Be Used By The City For lmprovements To North
Beach Open Space Park And Such Other Public Purposes As The City May Deem ln The
Best lnterest Of lts Residents And Visitors; And (3) Such Other Terms And Conditions As
May Be lmposed By The City Commission.
A Resolution Approving The Vacation And Abandonment Of That Portion Of 87th Terrace
East Of Collins Avenue, Consisting Of A 50 Foot Right-Of-Way (ROW) Containing
Approximately 18,042 Square Feet ln Total Lot Area, As Shown On The Plat Of Altos Del
Mar Subdivision No. 2, Recorded ln Plat Book 4, Page 162 Ot The Public Records Of
Miami-Dade County, ln Favor Of 8701 Collins Development, LLC (The "Applicant"); With
Such Vacation Subject To And Contingent Upon The City's Approval, And The City And
Applicant's Execution, Of A Development Agreement Which, Among Other Terms And
Conditions (1) Grants To The City A Perpetual Pedestrian Access Easement Across A
Portion Of The Vacated City Row, And (2) Ensures Applicant's Payment Of A Voluntary
Monetary Contribution, ln The Amount Of $10.5 Million Dollars, To Be Used By The City
For Public Purposes; And With Such Vacation Further Subject To And Contingent Upon
Applicant's Satisfaction Of The Conditions Set Forth ln This Resolution. First Readinq
( Pu blic Works/City Attorney's Office)
(Deferred from July 23,2014 - R7E)
(Memorandum to be Submitted in Supplemental)
2.
17
17
Commission Agenda, September 10, 201 4
R7 - Resolutions (Continued)
R7G A Resolution Approving.The Vacation Of N. Meridian Avenue, Between 37th Street (Barry Street)
And 39th Street, Consisting Of A 70 Foot Wide Right-Of-Way, Containing Approximately 17,500
Square Feet ln Total Area, As Shown On The Plat Of Garden Subdivision Recorded ln Plat Book
29 At Page 67, Of The Public Records Of Miami-Dade County, ln Favor Of Thomas G. Wenski,
Archbishop Of Diocese Of Miami, A/K/A St. Patrick's Catholic Church And School (The
Applicant); Waiving, By 5/7th Vote, The Competitive Bidding And Appraisal Requirements
Pursuant To, Respectively, Sections 82-39(a) And (b) Of The City Code, Finding That The Public
lnterest Would Be Served By Waiving Such Conditions; And Further Conditioning The Vacation
On A Covenant Running With The Land That The Vacated Property Not Be Used Toward Floor
Area Ratio (FAR), And Precluding Construction Of Any Structure Or lmprovements Within The
Vacated Property. First Readinq
(Public Works/City Attorney's Office)
(Withdrawn from July 23,2014 - R7N)
R7H A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee At lts Meeting On August 13, 2014, To Extend The lnterlocal Agreement With The
Greater Miami Convention And Visitors Bureau (GMCVB) On A Month-To-Month Basis Under
The Current Contracted Terms, But Not To Exceed One (1) Year From September 30, 2014; For
The City Administration To Re-Negotiate An lncentive Based Agreement That Establishes A Base
Fee And An lncentive Fee To Be Paid Based On The Overall Achievement Of Annual
Performance Goals; And Further That Funding To The GMCVB Remain At The Current Level Of
$5,366,000; And That The City Hire An Owner's Representative ln An Amount Not To Exceed
$161 ,000 At The City Manager's Discretion.
(Tourism, Culture & Economic Development)
A Resolution Approving A Term Sheet Outlining Material Terms So That A Florida Statute
Chapter 163 Development Agreement May Be Prepared Between The City And Miami Beach
Port, LLC ("MBP") For The Redevelopment Of The MBP Parcel Located At 120 MacArthur
Causeway (The "MBP Parcel") And The City Parcel, Located At 140 MacArthur Causeway (The
"City Parcel") Under A Unified Development Project; Which Agreement Will lnclude (l) A New
20+/- Story Tower For 60 +/- Residential Units (The "Tower"), Above Related Residential
Amenities, Parking, And The Creation Of A Deep-Water Large-Yacht Marina (The "MBP
Facilities"), (ll) The Reconstruction And Expansion Of The Existing City-Owned Facilities Yard
And Offices, lncluding Approximately 40,600 Square Feet Of Administrative Offices, Service
Bays, Vehicle Maintenance And Warehousing Facilities And Other Related Facilities For City
Operations (The "City Facilities"), (lll) 240+l- Parking Spaces (Approximately 75 Surface Spaces
On The City Parcel And 50 Designated Covered Spaces On The MBP Parcel) For The City's
Sole, Permanent And Exclusive Use (The "City Parking Spaces"); And (lV) Payment Of Fair
Market Value (FAR) To The City For The Use Of The FAR From City's Parcel Towards MPB
Parcel Development; Which Agreement Shall Be Consistent With The Proposed Terms Of This
Resolution And Any And Conditions lmposed By The City Commission.
(City Manager's Office)
R7t
18
18
Commission Agenda, September 10, 201 4
R7 - Resolutions (Continued)
R7J A Resolution Approving A Term Sheet Relating To The Preparation Of A Purchase And Sale
Agreement (PSA) For The City To Sell 226 87th Terrace (The "Property"), And For 8701 Collins
Development, LLC (8701) To Purchase The Property Appraised At $2,700,000; Which PSA Shall
Require 8701 To Construct A Mixed Use Residential And Commercial Parking Garage (The
"Project") And Deliver To The City 120 Municipal Parking Spaces As A Condominium Unit Within
The "Project"; And Which PSA Shall Be Consistent With The Proposed Term Sheet, And
Conditions lmposed By The City Commission.
(City Manager's Office/City Attorney's Office)
R7K A Resolution Accepting The Written Recommendation Of The City Manager (As Further Set Forth
ln The City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7ths
Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best
lnterest Of The City, And Authorizing The City Administration To Negotiate An Agreement With
Taser lnternational, lnc., ln The Amount Of $635,057.90 (For Year One Of The Agreement), For
The Purchase Of Body Cameras And Associated Hardware For The Miami Beach Police
Department And Other City Departments, Along With A License To Utilize Evidence.Com, A
Cloud Based Digital Evidence Storage And Management Solution; Said Agreement For An lnitial
Term Of One Year, With Four (4) One Year Renewal Options, To Be Exercised At The City's
Discretion (And Subject To Funding Availability); And Further Authorizing The Mayor And City
Clerk To Execute The Agreement, Upon Conclusion Of Successful Negotiations.
(Emergency Management)
R7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2014-128-ME (The RFQ), For
Legislative Consulting Services; Authorizing The Administration To Enter lnto Negotiations With
The Top Ranked Proposer, Corcoran And Associates, Inc.; And Should The Administration Not
Be Successful ln Negotiating An Agreement With The Top-Ranked Proposer, Authorizing
Negotiations With The Second-Ranked Proposer, Ballard Partners, lnc.; And Should The
Administration Not Be Successful ln Negotiating An Agreement With The Second-Ranked
Proposer, Authorizing Negotiations With The Third-Ranked Proposer, Rutledge Ecenia, P.A.; And
Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of
Successful Negotiations By The Administration.
(City Manager's Office/Procurement)
R7M A Resolution Authorizing The Adoption Of The Florida Department Of Transportation (FDOT)
Preferred Typical Sections For SR 907/Alton Road: From 43rd Street To Pine Tree Drive And
From Pine Tree Drive To The Beginning Of Bascule Bridge No.870613; Said Preferred Typical
Sections Developed By FDOT, Based On Public lnput From The May 30,2014 Public Meeting
And Additional Meetings With City Staff.
(Public Works)
R7N A Resolution Accepting The Recommendation Of The City Manager To lssue Pursuant To
Request For Proposals (RFP) No.2014-051-SR For Design/Build Services For Neighborhood No.
8: Sunset lslands 3 & 4 Right-Of-Way lnfrastructure lmprovements.
(Capital lmprovement Projects/Procurement)
(Memorandum to be Submitted in Supplementa!)
19
19
Commission Agenda, September 10, 201 4
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(City Clerk's Office)
RgAl Board And Committee Appointments - City Commission Appointments.
(City Clerk's Office)
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
R9C
R9D
R9E
R9F
Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Discussion Regarding Committee For Quality Education Motions Made February And March 2014
Regarding Extended Foreign Language (EFL) Program ln Miami-Dade Public Schools.
(Requested by Commissioner Edward L. Tobin)
(Continued from June 11, 2014 - RgF)
Discussion Related To Towing And The lmmobilization Of Vehicles.
(Requested by Mayor Philip Levine)
(ltem not reached on July 23,2014 - RgE)
Discussion Regarding A Resolution Providing Healthier Snacks ln Vending Machines At All Of
our Public Facilities'
(Requested by commissioner Micky steinberg)
(Deferred from July 23,2014 - RgL)
RgG Discussion Regarding The Collins Canal/Dade Boulevard Bike Path Project.
(Requested by Commissioner Edward L. Tobin)
(Deferred from July 23,2014 - RgX)
RgH Presentation By The Miami-Dade
Corridor Transit Connection Study.
Metropolitan Planning Organization (MPO) On The Beach
(Transportation)
R9t Discussion Regarding Short Term Vacation Rentals And Code Enforcement.
(Requested by Mayor Philip Levine)
RgJ Discussion Regarding A Traffic lmpact Study And The Possible Future Convention Center Hotel.
(Requested by Mayor Philip Levine)
(Legislative Tracking : Transportation)
20
20
Commission Agenda, September 10, 2014
R9 - New Business and Commission Requests (Continued)
RgK Motion To Approve The Recommendation Of The Mayor And Commissioners From The Closed
Attorney Client Session Held On April 23, 2014 (ltem R10B).
(City Attorney's Office)
RgL Deputy Chief Lauretta Hill Swearing ln Ceremony.
(City Manager's Office/Police)
RgM Discussion Regarding The Possibility Of Creating And Operating A Miami Beach History Museum
ln The Historic Miami Beach Women's Club.
(Tourism, Culture & Economic Development)
RgN City Attorney's Verbal Report Update On Status Of Cibo Restaurant.
(City Attorney's Office)
RgO Discussion Regarding C-Pass Unavailability For Sunset Harbor Residents And Commercial
Properties.
(Requested by Vice-Mayor Michael Grieco)
RgP Discussion Of The Schedule Of User Fees For The City's Golf Courses.
(Parks & Recreation)
(ltem submitted in a separate "Budget Related ltems" book)
RgQ Discussion Regarding A Request For Vacation Of A City Right Of Way, Located At The Westerly
End Of West 59th Street, To Ambassa Holdings, lnc. C/O Christian Berdoure, ln Exchange For A
Southerly Portion Of The Adjacent Lot 25.
(Public Works)
RgR Discussion Regarding Ways To Enhance Safety Of And Reduce Accidents On The MacArthur
Causeway.
(Requested by Commissioner Micky Steinberg)
RgS Discussion Regarding Traffic Management On Miami Beach Causeways When Accidents Occur.
(Requested by Mayor Philip Levine)
RgT Discussion Regarding City's Sidewalk Caf6 Fee Schedule.
(Requested by Mayor Philip Levine)
RgU Verbal Report Regarding Miami Beach Community Development Corporation.
(Housing & Community Services)
21
21
Commission Agenda, September 10, 201 4
Rl0 - Citv Attornev Reports
R10A City Attorney's Status Report.
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 304-2014)
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(City Clerk's Office)
End of Reqular Aqenda
22
22
23
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
24
c2
COMPETITIVE BID REPORTS
25
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To Award A Contract To lnvitation To Bid (lTB) No. 2014-159 For Maintenance And Repair
Of Citv Wide Fountains.
Ensure Well-Maintained Facilities
Supporting Data (Surveys, Environmental Scan, etc.): N/A
lssue:
Shall the City Commission the award of Contract?
Item S
The purpose of lnvitation to Bid (lTB) No.2014-159 is to establish a contract, by means of sealed bids, with a
qualified firm(s) to provide cleaning, chemical and repair services o'f 22'fountains located within the City of Miami
Beach (the "City'') for the Department of Property Management. This item is necessary in order to ensure the
proper functioning and the pleasant appearance of the fountains which are located in areas frequently visited by
tourists and residents. ln addition, this service will shorten the response time and improve the efficiency of the
repair of the fountains whenever the need arises. The contract(s) entered into with the successful bidde(s) shall
remain in effect for three (3) years with the option to extend for two (2) additional one (1) year periods
ITB No. 2014-159, was issued on June 11,2A14, with a bid opening date of July 2,2014. The ITB resulted in the
receipt of three (3) responses from Cast Development LLC, Fountain Design Group, lnc., and Miami Pool Tech.
After review of responses received, it is recommended that Miami Pool Tech, the lowest responsive, responsible
bidder, be awarded the contract for Section 1, Maintenance and Cleaning; and Section 2, Repairs.
RECOMMENDATION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission award a
contract pursuant to lnvitation to Bid (lTB) No.2014-159 for Maintenance and Repair of Citywide Fountains to
Miami PoolTech.
Advisorv Board Recommendation:
Financial lnformation:
Funds:'/@ Lincoln Road. 1 68-9964-000325
M anaoem en t 520-1 7 20-000325
Financial lmpact Summary: " The annual cost associated with the maintenance and repair of City wide fountains
is subject to funds availability approved through the City's budgeting process. Account information and availability
of funds shall be verified and approved for each request prior to procuring the services. Should additional funding
be reouired due to increased need of services. it will be subiect to the review and
Alex Denis, Director Ext # 6641
De rartment Director Assistant Ql0lWanaqer City Mhnaqer
aAD,r /erc%MTtr[P JLM/N
F:\T 2014-159-SW City Wide Fountains SUMMARY.doc
\
AGE!'IBA fiEr CJ llAAIAMIBTACHB,fj* ?- /o y'l
26
MIAMIBEACH
City of Miomi Beoe h, ,l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
(lTB) NO. 2014-159 FOR MAINTENANCE AND REPAIR OF CITY WIDE FOUNTAINS.
ADM!NISTRATION RECOMMEN DATION
Approve the award of the contract.
KEY INTENDED OUTCOME
Ensure Well-Maintained Facilities.
FUNDING
The annual cost associated with the maintenance and repair of City wide fountains is subject to
funds availability approved through the annual budgeting process. Account information and
availability of funds shall be verified and approved for each request prior to procuring the services.
The funding and accounts noted below are anticipated FY 2015 budget amounts.
Should additional funding be required due to increased need of services, it will be subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
BACKGROU N D !N FORMATION
The purpose of lnvitation to Bid (lTB) No. 2014-159 is to establish a contract, by means of sealed
bids, with a qualified firm(s) to provide cleaning, chemical and repair services of twenty-two (22)
fountains located within the City of Miami Beach (the "City") for the Department of Property
Management. This item is necessary in order to ensure the proper functioning and the pleasant
appearance of the fountains which are located in areas frequently visited by tourists and residents.
ln addition, this service will shorten the response time and improve the efficiency of the repair of the
fountains wheneverthe need arises. The contract(s)entered into with the successful bidder(s) shall
remain in effect for three (3) years with the option to extend for two (2) additional one (1) year
periods.
ITB PROCESS
ITB No. 2014-159, was issued on June 11,2014, with a bid opening date of July 2,2014. One (1)
addendum was issued. The Procurement Department issued bid notices to twenty-one (21) firms
utilizing the Public Group and the Florida Purchasing Group website. Six (6) prospective bidders
accessed the advertised solicitation. ln addition, the Procurement Department sent the ITB
document to additional firms not registered with the Public Group via email.
Amount Account
1 $25,000 Lincoln Road. 1 68-9964-000325
2 $50,000 Prooertv Manaqemenl 520-1 7 20-000325
Total $75,000
27
Commission Memorandum
ITB 2014-1 59 Maintenance and Repair of Citywide Fountains
September 10,2014
Page l2
The notices resulted in the receipt of three (3) responses from Cast Development LLC, Fountain
Design Group, lnc., and Miami PoolTech.
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions, and
specifications of the ITB will be recommended for award for Section 1 , Maintenance and Cleaning;
and Section 2, Repairs (Hourly Labor and Cost of Equipment and/or Materials). Veterans and local
preferences were considered during the tabulation of the bids received. Local preference was not
applicable to any of the bidders. Veterans preference was applicable to Cast Development, LLC.
ln evaluating the bids received it has been determined that, forSections 1 and2, the bid from Miami
Pool Tech is the lowest responsive, responsible bid.
ln its due diligence, the Procurement Department verified the following:
o Minimum Requirements
The ITB stated that bids will only be considered from firms that are regularly engaged in the
business of providing the services for a minimum of three (3) years and that firms provide a
contact name and phone number for verification.
Cast Development LLC provided verifiable references from Miami Dade Park and
Recreation Department, City of Miami Beach, and City of West Miami.
Fountain Design Group, lnc. provided verifiable references from Alhambra Towers, Jackson
Memorial Hospital, and Cig of Jacksonville.
Miami Pool Tech provided verifiable references from Belle Mare at Williams lsland Condo,
Trump Doral Golf Resort and Spa, 2600 lsland Boulevard Condominium, and the City of
Miami Beach.
o Past Performance
MiamiPoolTech, the recommended bidderforSections 1and2, has more than twenty-one
(21) years of service with local businesses and also has provided fountain cleaning and
repair services for the City of Miami Beach in the past. ln addition their employees are all
subject to background checks, extensive training and certification. They only employ direct
hires and do not utilize sub-contractors.
Pricing tabulation is attached.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his due
diligence and is recommending to the Mayor and the City Commission to award a contract to Miami
Pool Tech for Section 1, Maintenance and Cleaning; and Section 2, Repairs.
CONGLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
award a contract pursuant to lnvitation to Bid (lTB) No. 2014-159 forthe Maintenance and Repairof
Citywide Fountains.
28
=@
INo
5I
urro
Itl
€
z
mz
z(')
m
zI
Fm!
7
o
o
=Im
ocz
z
1
{o
8L
o,
=EA'
3g.
f
(D
B'
c)(D
q,
=CL
e-
(D
A'
='(o
(D
(D
N)
d^)
N)N)N)N)O (o @ (o @ o)(,5 (,N)o
=
U'mc)Ioz,
r.
=
z,
mz,
z,
C)m
z,(,
c)
m
z,
=o
__l o)(Jr s (,N)O
oc)(D
o)
-Tt
o
=
co-
='o
c
-3
oo
oc)(D
o)
=o
=.(D
-o --{alr 5Ft=Nirq)r=
o=.o=-
=<=@a
P=o6'-="
Zoo<o)gE
=<(Dc
-@ (Dc
=F
c)
=a
N)-
a(D
aU.
==a>o<c(D3
Ptq)
<tU'
@(D
=B
C
_9
o
To)
5
N)-
ICD
^ZUS
='q@>9<=
.cD )o)
F(I
o)a@
c(t
(D
C3
e<
C
3
=aT
o)
5
-Tl _o5c(D
=,s/f
='Ooc.N?e
=o)
^do=
=Eu)2P;(Do).@-@m-o)sac.+@
(D
3r
Co
=U)To)
-\l--l-{
@c
g
=3)
-Tt
oC
=g.
=-{-{-{
-{
a)i
(D
=.q
g)
o
--{o
o)
-Ylo
i+
-{oo
€g)
@
='3Co
=
sD
O)
=(./)
c)o3
=C
=
c)(D
<D
oC
=p.
,=
@(,(,
O)
CN
=(D
c)o
=(D
a.i.o
=o
e.
\
a
Fq
o)
N
U
-{
c/)J
oC
o)"
-{
a
Fv
o
(D
=oo3(D
I
5
<n?+
o"C
=o)-
=s
a
F
!
o
(D
(D
I
N)
ct)
-r
o"c
=o.
=N)
@
F
o
=7o_
CN
o)
,2-
o)
=o-
oC
=g.
,=
N)(n
o)
@
q)
=o-
I
.U
o)
3
d
o)
=o_
oC
=9.
-=
CNo,-U
!t-3
!D
-=c)o
=vo_
gr
oC
=9.
=
@oc):fsoo
:tt
N)
==c)o
=n
8r
oC
=P.f
@oc)=soo
:lt
E
=c)o
=vo_
8t_
oc
=g-
=
@oc)ir
C,]oo
==c)o
=no_
s
TIog
:,
g.
J
o.l0,i!.o5
=o
9_
=7o_
o
=c)9-
=no_
s
fe)9-
=vo_
!r
o
o)-
=c)o
=vo_
q)
ac
=P.
6"
o)-
6"
o).
o"
e,
@oc)=o)Oo
@oc)x-{OO
@oc)-@Oo
@oc)-(ooo
@oc)x
ooo
(I
N)
(Jr
N)
(rr
N)
(,
N)
(,
N)
(,
N)
(,
N)
(,
N)
(n
N)
(,
T\)
(Jr
N)
(,l\)(,
N)
(I
N)
(rr
N)
(Jr
N)
(,
N)
(I
N)
(,
N)
(,
N)
(,
N)
(n
N)o
€(D
(Dx
€ooiF
€(D
(Dx-
=(D
(D-
€oox =oo=
€(D
(Dx
=(D
(Dx
=(D
(Dx
=oox =(D
(D=
€(Dox =(Do-=(D
(Dx
€(D
(D-
€(D
(D-
E(D
(D-=(D
(D-=(D
(Dis
=(D
(Dx
€(Dox
€(D
(Dx
C
@
ctrIoo
4
(,IOo
@
('l9oo
@
(trIoo
@
(,Poo
@
(nIoo
@
(rrIoo
@
(,IoO
@
(rrPoo
@
(,Poo
@
(rrIoo
@
(,9oo
@
CNIoo
@
(,Ioo
@
CttIoo
@
CNIoo
@
(rt9oo
@
C'IPoo
@
<,Ioo
4
(rr9oo
4
(,Ioo
4
(,Poo
C)
T'
6
=F
=!oor{mc)-
to
C'T-{t\,oIo,o
@
NO)OIoo
e
I.)o)oPoo
@
NO)oIoo
@
J\)O)oIoo
4
J\)O)oIoo
@
J.)O)oIoo
@
Ioo)OIoo
@
Ioo)oIoo
@
No)oPOo
@
NO)OIoo
@
s)O)OPoo
4
J\)O)OPoo
@
I.)O)oIoo
@
IoO)oIoo
4
NO)oIoo
e
J\oO)oIoo
@
J.)O)oPoo
4
JsO)o
s>oo
@
IoO)oPoo
@
IoO)oIoo
@
IoO)oIoo
@
J\.)O)oPoo
og
@
oIoo
@
oIoo
@
oIoo
g
oPoo
@
oPoo
@
oIoo
@
oIoo
@
oIoo
@
oIoo
@
oIoo
@
oPoo
@
oPoo
@
oIoo
@
oPoo
@
oIoo
@
oIoo
@
oIoo
4
OIoo
e
oPoo
4
o9oo
e
oIoo
4
oIoo
C
J
=T'
clo
C)
a{om
mt-o!
=mz.
--{1-t-c)
€,
.55oPoo
@
-(J|N)oPoo
@
-(,N)oPoo
@
-(,|N)oPoo
@
.<,N)oIoo
@
,(JlN)oPoo
@
.<,N)oIoo
6
-(,N)oPOo
@
-(,N)oPoo
6
-(,lN)oIoO
@
-(JlN)oIOo
@
-(,N)oIoo
@
-(,|N)oIoo
@
-(,N)oIoo
@
-(JrN)oPoo
@
_(rrN)OIoo
@
-(rrN)OIoo
@
'<JIN)oIoo
@
-(rlN)oIoo
@
-(rl\)oIoo
@
-olN)OIoo
@
-cnl\)OIoo
@
.CDN)OIoO
o
0,
4
--I
snoo
@
(,Ioo
@
--I
shoo
@
-{Ioo
@
l\)
sttoo
@
(,Ioo
@
--t
snoo
@
C,lIoo
@
(,
s)oo
@
-{
sI'oo
4
(,9oo
e
(,Ioo
a
l\)oIoo
@
-{
srtoo
a
N)s,oo
@
N)
stroo
@
N)
s}'oo
e
N)
sttoo
@
N)
s''oo
g
l\)
srtoo
@
N)
sr'Oo
@
N)
sr'oo
c
J
!
=..to
.TIoCz.-{
-{z.
=etFB6z.
c)7oc
-o
@
5JoqloIoo
@
_(^)(ooIoo
@
_-{@oIoo
@
_(l)(ooIoo
@
-(l)(ooIoo
@
_O)()oPoo
@
'.\t@oIoo
@
_(,(ooIoo
@
--{@oIoo
@
---J@oIoo
@
-(O
oIoo
@
--{@oIoo
@
--!@o9oo
@
-osoIoo
@
-(o
oIoo
@
-O)oOIoo
@
-O)C'o9oo
@
-O)<,oPoo
@
-O)(,OIoo
@
_O)<,oPOo
@
,o)ooIoo
@
,o)(,oIoO
4
-o)(,oPoO
-lo-o)
29
=@
INo
5I
trro
Itn
E
=z
mz
z.)m
zI7m!
v
o
o
=Im
ocz
zt,
6)-o,
J
CL{o
9r
(r,c
EF{o
er
t-q,cro
+
(D
+
U'cC'
o
9r
(D
3
c)
U'c
ET
o
9l
=(D
3
c)
AI
(D
!,CLg
5(cI
g,
-cE
(D
at,+.
3
A)
(D
CL
o,
c
!Looo
C)(D
3
U'cct{o
sl
t-A'cro-
(D
Jo
+
@
@ (D
=
CN
mo{
oz
Nvm!
n
@!r^
;P
3.<-o,!-
Eg5_9U,ql
CLoo
ao
o
rfl
.ct
=.E
3o
J
m-lmv
z
v1
F
=@m
r)-
@
(t
mo
i
o*l
Ttrtxp
II'Tt
rftf,(r)
l:lil:
ii\:
Lr)
F
ITI-Tt
mFmzom
U1
u)
m
F(t
=@C9zm
lJ1
V)
3z
=c
vmp.
Gvrrt
]3rrllz-{ut
o)-
<f
d
o
o)
@
o)
=o-ac(,(,
6'(t
oo(t)
c)
E:.o
-n-
=,O.C-a
='<(DT<Do)
(D<D
=o--6Z-9=-o-n
-o6Edo,o)-;6
(D
sfoop
F
o
=I
-n-
=-O.:_- c=<vo)
(D
Iv(D(o
E
:ooP
3
I
9Toop
F
o
P
I
0(D
C"c)
E:.o
@N)
-(,ooIoo
c)om@aD6-o- o)
^(D=Xo)=4E5
5'<o
5Ho@o
N)o
so)o
m(t
-a,*99o:
-<=a(D-_
o)
6P=\<
;ITAP
=<
C
z z
=F
=!oor{mc)-
Ctros
>eo
3
o)=
E
aa:,.-,1
a::-l
if[
@
l\)s,oo
@
@
srlOo
C
=
C)o@
=F
=!oo--{m
C)-
31
(o
o)o€oID
@
(,
_-{(,OIoo
4
s)(j
Os)oo
coo)=Eo=(D(rr=+if,co; sr8
-o(O -Td 33@-o)@i-
@
(n
-s
oPoo
@
-(rrooIoO
e
(,
-(o
oIoO
-lo
o)
z
c)
U'-{Im
mt-o-(,
=mz.-{t-t-c)
os
so
3o,
it
C
@
l\)--.tIoo
@
N)oIoo
C
=
e)oo
c)
a{
0m
mro!
=mz.-{t-t-c)
a
(,l
-(ooIoo
@
N)
_--J(,oIoo
@
Io(,oIoo
c)o)=o=(D@=+iXcc,; er8
-o(O +o-= (D
5@
-
E
@
N)5soIoo
@
(,
N)soPOo
@
(oIoOOIoo
---to
!D
z.z
-TtoCz.{{
==e,FB6z.
G)voC
-p
iit
(,o
>e
so
3
o)x
E
:a:;!i,)
@
N):(,o
@
@
s'|oo
C
=
c)o@
-TtoCz.-{
-{z.
=etia6z.o7oC
_-o
@
(0
iooPoo
@
(,
---l(,oIoo
@
N(,oPoo
cos=EO=(Da=-if c c); qg
-o(O +ad g
-@+d;o
f
4
<,5soIoo
4
_(,l(,oIoo
@
(,
_(O
oIoo
-{o
o)
30
THIS PAGE INTENTIONALLY LEFT BLANK
31
COMMISSION ITEM SUMMARY
Gondensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO tNVtTATtON TO BID (lTB)
2014-191-SW FOR CTTYWTDE PATNTTNG (TNTERTOR AND EXTERTOR) AND WATERPROOFTNG
SERVICES.
lntended Outcome
Item Summa
The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to
provide Citywide painting (interior and exterior) and waterproofing services for building facilities located
within the City of Miami Beach (the "City") for the Property Maintenance Division in accordance with the
prescribed specifications and requirements. ITB No.2014-191-SW, was issued on June 26,2014,wilh
a bid opening date of July 30,2014.
The ITB resulted in the receipt of three (3) responses from Hartzell Painting Contractors, lnclan Painting
and Waterproofing, Corp., and P&P Contracting, lnc.
After considering the review and recommendation of City staff, the City Manager exercised his due
diligence and is recommending to the Mayor and the City Commission to award a contract to all
responsible, responsive bidde(s) including Hartzell Painting Contractors, lnclan Painting and
Waterproofing, Corp., and P&P Contracting, lnc. as pre-qualified vendors for future work per the terms
and conditions of ITB No. 2014-191-SW. Depending on the scope and services required for individual
projects, the City will select the most cost-effective vendor on a per project basis.
RECOMMENDATION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
award a contract to Hartzell Painting Contractors, lnclan Painting and Waterproofing, Corp., and P&P
Contractinq. lnc. as ore-oualified vendors for future work on an as needed basis.
Source of Amount Account
Funds:1 $50,000 Property Management Contracted Services Repairs &
M ai nten a n c e. 520- 1 7 20-000342
(fr
@
$15,000 Property Management RDA Contracted Services Repairs
& Maintenance 1 68-9964-000342
$100,000 125-6224-000676 Police Station CRR
$62,000 125-6994-000676 Fire Station No.3 CRR
$39,000 125-6194-000676 555 Buildinq CRR
$415,000 FY15 Capital Budqet (Continqent uoon budqet aooroval)
Total $681,000
Financial Impact Summary: * The annual cost associated with the Citywide Painting (lnterior and
Exterior) and Waterproofing Services is subject to funds availability approved through the City's
budgeting process. Account information and availability of funds shall be verified and approved foreach
request prior to procuring the services. Should additional funding be required due to increased need of
services. it will be subiect to the review and approval of the Budqet Office.
Ensure Well-Maintained Facilities.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
N/A
Financial lnformation :
Glerk's Office
Alex Denis, Director Ext # 6641
Siqn-Offs:
Department Director AssilGntl0 itv M a ndaer\Gity Manaserry/AD_ ETC Z[ _Mr (Lfi3/ KGB (t\kt)JLM A\
T:\AGENDA\201 4\September\Procurement\lTB 201 4-1gf-SW Citywide P and Exterio0 and Waterproofing4\September\Procurement\lTB
SUMMARY.doc
AGENDA fiEM;:_C28E MIAMIBEACH Dl;;E ?-/o'(f32
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenier Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT
(rTB) 2014-191-SW CITYWTDE PATNTTNG (TNTERIOR AND EXTERIOR) AND
WATERPROOFING SERVICES.
ADMINISTRATION RECOMM EN DATION
Approve the award of the contract.
KEY INTENDED OUTCOME
Ensure Well-Maintained Facilities.
FUNDING
The annual cost associated with Citywide Painting (lnterior and Exterior) and Waterproofing
Services is subject to funds availability approved through the annual budgeting process. Account
information and availability of funds shall be verified and approved for each request prior to
procuring the services. The funding and accounts noted below are the FY 2015 budget amounts
approved by City Commission.
Should additional funding be required due to increased need of services, it will be subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
BACKGROUND IN FORMATION
The purpose of this ITB is to establish a contract, by means of sealed bids, with a qualified firm(s) to
provide Citywide painting (interior and exterior) and waterproofing services for building facilities
located within the City of Miami Beach (the "City") for the Property Maintenance Division in
accordance with the prescribed specifications and requirements. The City desires to set a standard
for quality materials and a cost associated with the aforementioned services City Wide. lt is the
intent of the City to have proper materials installed for the proper application with the proper
preparation. The contract(s) entered into with the successful bidder(s) shall remain in effect for
three (3)years.
Jimmy L. Morales, City Manager
September 10,2014
Amount Account
1 $50,000 Property Management Contracted Services Repairs & Maintenance.520-1720-000342
2 $15,000 Property Management RDA Contracted Services Repairs & Maintenance 168-9964-000342
3.$616,000 FY 14 and FY 15 budget (Contingent upon budget approval)
Total $681,000
33
Commission Memorandum
ITB 2014-191 Citywide Painting (lnterior and Exterio) and Wateryroofing Seruices
September 10, 2014
P tt r; r: l2 .
ITB PROCESS
ITB No. 2014-191-SW, was issued on June 26,2014, with a bid opening date of July 30, 2014.
Three (3) addenda were issued. The Procurement Department issued bid notices to thirty-two (32)
firms utilizing the Public Group and the Florida Purchasing Group website. Twelve (12) prospective
bidders accessed the advertised solicitation. ln addition, the Procurement Department sent the ITB
document to additional firms not registered with the Public Group via email.
The ITB resulted in the receipt of three (3) responses from Hartzell Painting Contractors, lnclan
Painting and Waterproofing, Corp., and P&P Contracting, lnc.
Award will be made to the responsive and responsible bidder(s) meeting allterms, conditions, and
specifications of the lTB. The City will endeavor to award projects pursuant to the specific unit
prices awarded pursuant to the lTB. However, notwithstanding the foregoing, the City Manager may,
in his sole discretion, also recommend one or more responsive, responsible bidders for award for
the purpose of creating a pool of qualified contractors.
Veterans and local preferences were considered during the tabulation of the bids received. Neither
veterans nor local preference was applicable to any of the bidders.
ln evaluating the bids received it has been determined that allthree (3) bidders submitted bids that
meet all terms, conditions, and specifications of the ITB and therefore are considered as "pre-
qualified" to quote for future work as the need may arise.
ln its due diligence, the Procurement Department verified the following:
r Minimum Requirements
The ITB stated that bids will only be considered from firms that are regularly
engaged in the business of providing goods and services for a minimum of three (3)
years and provide three (3) distinct references with contact names and phone
numbers for verification.
Hartzell Painting Contractors provided verifiable references from the City of Boca
Raton, Delray Beach, and the City of Miramar, Florida.
lnclan Painting and Waterproofing, Corp provided verifiable references from Miami
Dade County Parks, Miami Dade County Public Schools, and MG Construction.
P&P Contracting, lnc. provided verifiable references from Florida's Turnpike
Enterprise, Florida Department of Transportation, and Miami Dade County Parks &
Recreation.
o Past Performance
Hartzell Painting Contractors was started in 1948 in Hollywood, Florida. By the early
1950's business expanded to include the manufacturing of roof paint. Since then, the
company has expanded operations to include; house painting, commercial painting,
weatherproofing and all forms of specialty coatings.
lnclan Painting and Waterproofing Corp. was founded in 1981 under the name of lnclan.
Since then they have specialized in Painting, Waterproofing, Concrete Restoration,
34
Commission Memorandum
ITB 2014-191 Citywide Painting (lnteior and Exteior) and Waterproofing Seruices
September 10, 2014
i:::'iiir:* 13
Stucco and General Repairs. ln 1995 the company became established in South Florida
under the name of lnclan Painting & Waterproofing Corp.
P&P Contracting, lnc. started in 2007 and has provided numerous painting and
waterproofing services for the F.D.O.T. in various districts. ln addition, P&P has provided
services for the Florida Turnpike Enterprise. They specialize in painting and waterproofing
with extensive experience with governmental entities.
Pricing tabulation is attached.
After review of responses received, it is recommended that an award be made to all three (3)
responsive and responsible bidde(s) meeting all terms, conditions, and specifications of the ITB for
the purpose of creating a pool of qualified contractors from which the City may seek quotes for
specific projects.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his due
diligence and is recommending to the Mayor and the City Commission to award a contract to all
responsible, responsive bidder(s) including Hartzell Painting Contractors, lnclan Painting and
Waterproofing, Corp., and P&P Contracting, lnc. as pre-qualified vendors for future work per the
terms and conditions of ITB No. 2014-191-SW.
CONCLUSION
Based on the aforementioned, the Administration recommends that the Mayor and City Commission
award a contract to all responsible, responsive bidde(s) including Hartzell Painting Contractors,
lnclan Painting and Waterproofing, Corp., and P&P Contracting, lnc. as pre-qualified vendors for
future work on an as needed basis.
JLM/KGB/WAD
T:\AGENDA\2014\September\Procurement\lTB 2014-191-SW Citywide Painting (lnterior and Exterior) and Waterproofing Services -
MEMO.doc
35
W
ffi
Ww,
Ww
wW
W
WwwwffiWw
w&
Wffi
ffiu,Wfrw,
WB
w&mswewew
EW9W\w
.=@&
EWz&&
2W&4
=w5ffiLMtm2w
EW
^Wew
;W&UW
>w
?W,Hffi
5 TEESEE5ffizffi!.wtw&w*
WMffiwwWWwwffiffiffiw
ffi&wwwww
W
W
W
w&
M
WW
9?
:b
=og5
!;
g9
SE
o6
Pd
,EP
ts!
qE
t::
53
63
EE
!o
9s
6=
9@
+5gq
o:
88
b5
6a
I--s ;
-:e; b;
;L;!
66
:-!
=F
eF
E6
gH
5=
;o
Y'Sa
3.9
qg
:o:6
Ez
o?
s5
E=EE
9b
Ei
a6
SH
o:
:e
5da9EE
9dn9
*
h -d
E= t 5 s t $
p =3 E 5 qoF
g-
-qre
e.g
,F <o
a'a
e
=d {I t E t s s
6 s {5 s *t 8 d E
o
ci
lin
!:>o t{E.ii- -6I
g Sl i ?a
=
od I
€
,ri
!sri!.:=
a
Et
a3.:
{ $e4 ,Y:'
$
ii E I s {ai
oo
Et
=E
I
E
E
d;ii
$58 2 >*,c P ,q
x€
EEae*Edl
eUEtc
s {i *i a
o =
=
*{{{I h{
I Eo;{X E E
*s 5 g s ,*q
od c **s 5 *-E s :E s I a o
s 3;
dt@rI
s s {a )5 2 *
I
ll
ir!Io
0aE
&
&a
!n
!
-B
-s E3d+
c ?g *==E N\E
C:::
XE
e.E
E*t(
d
=z E s >*6 t::::{
=I
*s $z s *s 5 $E .\I3
N
ffi* uEigioil8;;5 {s z c {
ooU
{s :El €?=
5 s n
EEIE*u s z =*5 5
i
4
iLlili
i[,
ol
q..:
.::
o
e
o
=F
Imoz
g
1
g
d
U
oz
z
FzU
Uo5LUt
z5
6
z-
ozo-
ozFI
u-ots
oF
d
do
=-
=oU
do
dU
U
o
0z
=a69
a
Un
Uzo
&
zoaoO
=F
o
U
eo
I0o
U
Fz-
=ooz
=dadUts
z6
odFzo
o
=
=O
zU
cz
za
do
UGU
Ud
zo
x
doz
o
UEo
o
F
4
cudc2
za
do
&
Oo
6
=
o
=
G
=ooOfF
to
za
oUEo
ui
Go
i
U
otsdo
Lf
=
o
UF
za
o
U
Uts
d
zo
Eo
za
E
Ud
oz
U
=
i
oE
oU
4oF
doz
Ut
CUeo
I
UFz
=da
dUF
oz
Iood
d
F
=o
=zaL
Uo
&-
f
=
d
-
aFdU
toe
F
o(-
U
=o
=ooe
d0F
=o
=z
io
4U
Uo
e
6oIo
=ooe
eU
=o
=za
daEUFx
uo
E-
o
=
=
dIn
t
oF
!
d
I
c o U
9
I
=oo
=oz
ao
F
oz
o
=oz
Fz
=
Q
=
o
3
E
36
THIS PAGE INTENTIONALLY LEFT BLANK
37
c4
COMMISSION COMMITTEE
ASSIGNMENTS
38
g MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PROPOSED ORDINANCE AMENDMENT TO SECTION 118.5, TO PROVIDE A
DEFINITION FOR A UNIFIED DEVELOPMENT SITE
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND / ANALYSIS
equestofCommissionerTobin,theCityCommissionreferreda
discussion item to the Land Use and Development Committee, pertaining to the section of the City
Code governing Unities of Title and Covenants in Lieu of Unity of Title. On April 9, 2014, the Land
Use Committee recommended that an Ordinance be referred to the Planning Board to amend the
requirements and standards for a 'Covenant-ln-Lieu' by providing a definition for a "Unified
Development Site."
ANALYSIS
On March 1,2013, the Board of Adjustment granted an appeal of an Administrative Decision of the
Planning Director, which denied a proposed transfer of Floor Area (FAR) for a project on a multi-
property site. The Administrative Determination, dated April 10, 2012, concluded that a proposed
unification of three properties on Collins Avenue through the use of a proposed 'Covenant in Lieu
of Unity of Title'was not a true "Unified Development Site" as required by Section 118-5 of the
City Code, and the proposed transfer of development rights did not conform with the applicable
Charter provision 1.03(c) or the Land Development Regulations. The Board of Adjustment
concluded that the language of section 1 18-5 did not restrict the proposed unification and granted
the appeal. The Board then suggested that refinements be considered to more clearly restrict the
unification of unrelated properties for transfer of floor area.
The following is a summary of the relevant Charter and City Code provisions, and instruments,
pertaining to a Unity of Title and a Covenant in Lieu of Unity of Title:
Miami Beach Citv Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio of any
property from being increased by zoning, transfer, or any other means from its current zoned floor
area ratio as it exists currently, without being approved by a public referendum. This underlying
principal has been a critical component in the overall policymaking of the City, the protection of the
historic character of the City's historic districts, and the careful planning regulation of growth and
development.
Agendattem CQA
Darc ?-/o-/r39
Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 2 of 4
This Charter provision does include an exception for the division of lots, or the aqqreqation of
development riqhts on unified abuttinq parcels. as mav be permitted bv ordinance. The
ordinance referred to is Section 118-5 of the Land Development Regulations of the City Code,
which discusses unities of title, or covenants in lieu of unity of title, for multiple buildings proposed
for a single lot or for single or multiple buildings proposed for a unified development site consisting
of multiple lots.
Section 1 18-5 - Unitv of Title: Covenant in Lieu Thereof
When a development is proposed over multiple lots, or multiple buildings are proposed for single or
multiple lots, certain documents must be executed to combine the lots or buildings for zoning
purposes. As stated above, these documents may have floor area implications. Under Section
118-5(a), a Declaration of Restrictive Covenants in Lieu of Unity of Title must contain the following
elements:
1. That the subject site will be developed in substantial accordance with the approved site
plan, after one has been submitted and approved under the city's land development
regulations. That no modification shall be effectuated without the written consent of the then
owner(s) of the [phase] or portion of the property for which modification is sought, all
owners within the original unified development site, or their successors, whose consent
shall not be unreasonably withheld, and the director of the city's planning department;
provided the director finds that the modification would not generate excessive noise or
traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke
excessive overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the modification
in relation to the present and future development of the area concerned. Should the director
withhold such approval, the then owner(s) of the phase or portion of the property for which
modification is sought shall be permitted to seek such modification by application to modify
the plan or covenant at public hearing before the appropriate city board or the city
commission of Miami Beach Florida, (whichever by law has jurisdiction over such matters).
Such application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation, physical
condition or site plan shall also be required to return to the appropriate development review
board or boards for consideration of the effect on prior approvals and the affirmation
modification or release of previously issued approvals or imposed conditions.
2. That if the subject property will be developed in phases, that each phase will be developed
in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that each of the
subsequent owners shall be bound by the terms, provisions and conditions of the
declaration of restrictive covenants. The owner shall further agree that he or she will not
convey portions of the subject property to such other parties unless and until the owner and
such other party or parties shall have executed and mutually delivered, in recordable form,
an instrument to be known as an "easement and operating agreement" which provides for
easements between the parcels. These can contain among other things:
a. Easements in the common area of each parcel for ingress to and egress from the
other parcels;
b. Easements in the common area of each parcel for the passage and parking of
vehicles;
c. Easements in the common area of each parcel for the passage and accommodation
of pedestrians;
d. Easements for access roads across the common area of [each] parcel to public and
private roadways;
e. Easements for the installation, use, operation, maintenance, repair, replacement,40
Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 3 ol 4
relocation and removal of utility facilities in appropriate areas in each such parcel;
Easements on each such parcel for construction of buildings and improvements in
favor of each such other parcel;
Easements upon each such parcel in favor of each adjoining parcel for the
installation, use, maintenance, repair, replacement and removal of common
construction improvements such as footings, supports and foundations;
Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs and
projections encroaching upon such parcel from the adjoining parcels such as, by
way of example, marquees, canopies, lights, lighting devices, awnings, wing walls
and the like;
Appropriate reservation of rights to grant easements to utility companies;
Appropriate reservation of rights to road right-of-ways and curb cuts;
Easements in favor of each such parcel for pedestrian and vehicular traffic over
dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to the
obligation to maintain and repair all private roadways, parking facilities, common
areas and common facilities and the like.
SUMMARY
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes, and do not
always have floor area implications. ln some instances they are just for the unification of properties
of multiple ownerships for easement purposes. However, when floor area is implicated, it becomes
important to examine the charter language, where the phrase "unified abutting parcels" becomes
pertinent.
When the phrase "unified abutting parcels" is used, along with the covenant in lieu of unity of title, it
becomes possible to transfer floor area between different ownerships of abutting parcels. The term
"abutting parcels" usually refers to parcels that have lot lines that touch, not separated by a street
or alley. However, regardless of ownership, the amount of FAR permitted by the Code cannot be
increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an effective
planning tool in terms of providing flexibility for the distribution of allowable floor area within a
defined site. Moreover, the existing code does not permit a net increase in overall FAR, should
multiple sites be combined through either a covenant in lieu, or other legal mechanisms.
ln order to continue to provide a flexible planning mechanism, the Administration would
recommend that the term "Unified Development Site" be defined as follows:
"A site where development !s proposed comprising multiple lots with all lots
touching and not separated by another lot, street, sidewalk or alley".
Additional language, in order to restrict proposed covenants that involve the moving or relocating of
floor area, may also be considered. However, the Administration would caution against any
regulations that require a functional interaction between the sites, as such a proposal could
discourage creative planning methodologies that could othenruise benefit a particular site or larger
area.
f.
g.
h.
i.
J.
k.
t.
m.
41
Commission Memorandum
Referral to Planning Board - Unified Development Site Amendment
September 10, 2014 Page 4 o'f 4
CONCLUSION
ln accordance with the April 9, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board that would create a definition for a 'Unified
Develooment.Site'.
*m(m
T:\AGENDA\2O14\SeptembeAReferral to Planning Board - Unified Development Site MEMO.docx
42
E MIAMIBEACH
Clty ol Mloml Beoch. 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
i,
SUBJECT: REFERRAL TO THE FINANCE UAND CITYWIDE PROJECTS COMMITTEE A
DISCUSSION REGARDING POTENTIAL PURCHASE OF AIR RIGHTS FOR 6940
ABBOTT AVENUE FROM AT&T FOR FUTURE DEVELOPMENT OF A PARKING
GARAGE IN THE NORTH BEACH TOWN CENTER.
BACKGROUND AND ANALYSIS
On December 10, 2008, the Mayor and City Commission adopted Resolution No. 2008-26960
approving the scope and authorizing the issuance of a Request for Letters of lnterest (RFLI) for
the development of public parking to serve two neighborhoods in North Beach, said areas
generally defined as the North Beach Town Center from 69 to 72 Street between Collins
Avenue and lndian Creek Drive/Dickens Avenue, and the Collins Avenue Commercial District
between 63 and 69 Street.
The Finance and Citywide Projects Committee, at its November 18, 2008 meeting, authorized
the Administration to once again approach City National Bank to explore a joint development
agreement or a land swap for one of the preferred parking garage sites identified in the North
Beach Town Center Plan (adopted July, 2007). ln addition, the Committee recommended that
the Administration should issue a Request for Letters of lnterest to identify alternative sites
and/or developers who may be interested in the construction of a parking garage project in the
area bounded by 72 Street, Collins Avenue, 63 Street and lndian Creek Drive/Dickens Avenue.
The Administration subsequently held numerous discussions with representatives from City
National Bank and the real estate broker who represents the bank. The talks ended because
City National was engaged in developing numerous new branch bank locations in new market
areas and were not ready to consider development proposals for the 71 Street properties.
BACKGROUND
On July 11, 2007, Mayor and City Commission adopted Resolution No. 2007-26600, adopting
the North Beach Town Center Plan as the official Neighborhood Plan for the area bounded by
73'd Street, the Atlantic Ocean, 69th Street and lndian Creek; and authorizing the Administration
to prepare draft legislation and capital improvement projects, as appropriate, to promote
implementation of the Plan. This was the culmination of a lengthy planning process that
included the following steps:
The concept for encouraging development of a "Town Cente/' for North Beach originated in a
three-day charrette in July 2001, which included visioning sessions for the 71 Street commercial
corridor and the 72no Street parking lot. The residents' priorities for a successful Town Center
included a variety of cultural activities, outdoor gathering places and expanded retail offerings.
Agenda ltem C{B
oate ?-Oy'l43
Commission Memorandum
September 10,2014
Finance and Citywide Projects Committee Referral - 6940 Abbott Avenue
Page 2 of 4
ln a follow-up workshop in December 2003, participants strongly supported the idea of providing
parking as an incentive to attract development to the Town Center.
The City of Miami Beach Parking Study, completed by Walker Parking Associates, lnc. in 2004,
identified a demand for up to 964 for additional parking spaces by 2008 and 1,312 spaces by
2013 in the North Beach Town Center area, and confirmed the feasibility of a city-owned
parking structure on one of several alternative sites in the Town Center area. The highest
ranking sites each included land owned by the City and land owned by City National Bank.
Subsequently, the Administration and the consultant conducted further analysis of potential sites
for a parking garage and added a site located at 6600 Collins Avenue, which is outside of the
Town Center. lt is important to note that the City has retained Walking Parking Associates
again to update the 2004 parking study and the City anticipates having the updated data in time
for the Committee discussion.
On June 8, 2005, the Mayor and City Commission accepted the report of the Finance and
Citywide Projects Commission Committee concerning the Parking System Proposed Capital
Budget, instructing the Administration to hold discussions with City National Bank to swap land
for a parking structure in the North Beach Town Center. The Administration held several
meetings with representatives from City National Bank, who expressed some limited interest in
the project, but negotiations stalled.
The Planning Department presented the 2007 update of the North Beach Town Center Plan at a
community workshop on April 25, 2007 , attended by nearly 100 persons. On May 22,2007, the
Planning Board held a public hearing and unanimously adopted a resolution recommending to
the Mayor and City Commission that they adopt the North Beach Town Center Plan as the
official Neighborhood Plan for the area bounded by 73'd Street, the Atlantic Ocean, 69th Street
and lndian Creek; and that they authorize the Administration to prepare draft legislation and
capital improvement projects as appropriate to promote implementation of the Plan.
On June 11,2007, the Land Use and Development Committee held a public discussion of the
North Beach Town Center Plan and voted 2-0 to recommend the Plan to the full Commission,
with the understanding that any amendments to the Land Development Regulations will be
reviewed by the Committee and the Commission prior to referral to the Planning Board. The
Committee stipulated that proposed amendments to the parking regulations, intended to provide
incentives for new private sector development in the Town Center, should be contingent on
construction of sufficient public parking.
Again in 2010, the City issued an RFLI seeking letters of interest for a mixed-use project with
parking, retail and office space that would act as a catalyst for further redevelopment in North
Beach. The City received eleven (11) responses to the RFLI and several were specifically for
Town Center, but chose not to proceed with the RFLI.
ANALYSIS
As previously stated, the 2004 Walker Parking study identified a demand for up to 964
additional parking spaces by2008 and 1,312 spaces by 2013 in the North Beach Town Center
area. Again, the Walker Parking Study is currently being updated, but it will be important for the
City to seek opportunities to construct significant parking structures in this area. The best
opportunities for such construction will be for the City to partner with property owners adjacent
to existing City parking lots. Such partnership would provide sufficient space for parking
We ore committed to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibronf , tropicol, historic communtfy'.
44
Commission Memorandum
September 10,2014
Finance and Citywide Projecb Committee Referral - 69t10 Abbott Avenue
Page 3 of 4
structures given the area needs of such facilities and will allow retail or other activation of the
ground floor. Such retail activation will insure an unobstructed visual experience for pedestrians
and passing motorists.
The highest likelihood for a partnership would be in the Town Center/71't Street Corridor area.
The potential is high here as City National Bank owns a number of developable/redevelopable
lots in this area, many of which are adjacent to existing city surface parking lots. lf and when
these lots are sold, the buyer(s) will want to maximize the development potential of each lot. lf
they can partner with the City to provide parking for their projects in a new parking structure
rather than on-site, and if the City can realize a net gain in public parking spaces after
accounting for additional need due to the new development, such partnerships will make sense
and will most likely come to fruition.
The City was recently approached by a representative of AT&T regarding their interest in selling
the air rights to the property they own located at 6940 Abbot Avenue and staff has had
preliminary discussions. AT&T has expressed an interest in working with the City to use/re-use
of the subject property. Attached is a property detail report from the Property Appraiser's
website. The lot size is approximately 25,000 square feet with a listed market value of
$1,993,002, however an appraisal would need to be procured if directed to proceed with
negotiations. This property is located between Abbott Avenue and Byron Avenue south of City
Lot P-80 (lot adjacent to Prima Pasta) and City National Bank also owns seven (7) parcels
adjacent to this property.
lf the City were to proceed with AT&T, the following is a list of general requirements, subject to
AT&T approval and prior to any negotiation between the City and AT&T:
. 11,000 sq. ft. of office space containing bathrooms, lounge area, and inside storage.. t500 sq. ft. of outside storage.. Secured perimeter with a fence height of no less than 6' - 0".. 50 parking spaces (10' x 20').. lngress and egress from Abbott Avenue and Byron Avenue; likely to maintain one-way in
and one-way out of the site as presently used.. Clear height above drive areas to be a minimum of 13'- 10" to permit company vehicles
of various types.. Z4-hour access for deliveries to the facility by outside vendors having AT&T security
access.. lce machine and water for the technicians.. Approved location for an above ground concrete pad mounted small Nitrogen tank. AT&T's future use cannot be changed, modified, curtailed, or hindered in any way to that
which exists now.. AT&T's Service Operations Center (SOC) operation would have to be moved to a
Temporary Location owned or controlled by the City of Miami Beach in close proximity to
the Subject property in order to continue uninterrupted service to its customers.. A Term sheet would need to include language detailing the construction schedule (Time-
ln/Time Out), conditions of the use of the Temporary Location, and
restoration/construction of the SOC improvements to their original and/or agreed to
condition before construction activities commenced.. The value of AT&T's property/air rights and sale price to the City would be established
by MAI appraisal(s) as established and agreed to between the parties.
We ore commiffed to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibront, tropicol, historic community.
45
Commission Memorandum
September 10,2014
Finance and Citywide Projects Committee Referral - 6940 Abbott Avenue
Page 1 of 4
. The City of Miami Beach would be responsible for the cost of legal, hearings, variances,
permits, surveys, and construction costs, related to the City's new project and costs to
restore the SOC.. AT&T would have to approve the use contemplated by the City above the SOC.. Finally, AT&T would need to have a separate folio # and separate tax bill for the
unencumbered ground floor area with little to no maintenance responsibilities for the
construction contemplated above the SOC.
CONGLUSION
The Administration is seeking direction from the City Commission before proceeding with
negotiations with AT&T and, therefore, recommends referral of this item to the Finance and
Citywiflfrojects Committee for discussion and input.
tffih
JLM:KC#:MAS
T:\AG EN DA\20 1 4\Septem beATCED\referral ATT nORTH bEACH IOT M E MO. docx
We ore commilted to providing excellent public sewice ond sofety to oll who live, work, ond play in our vibront, tropicol, historic community
46
Property Search Application - Miami-Dade County Page 1 of5
ffi oFFlcE oFTHE PRoPEHTYAPPHAISER
Detailed Report
Property Information
Folio:02-321'1-001-0590
Property Address:6940 ABBOTT AVE
Owner SOUTHERN BELL TEL & TEL CO
TAxADM oFFrcE /ntlr
Mailing Address PO BOX7207
BEDMINSTER , NJ 07921
Primary Zone 39OO MULTI.FAMILY - 38-62 U/A
Primary Land Use 9163 UTILITY : UTILITY
Beds/Baths/Half 0t0t0
Floors
Living Units 0
Actual Area Sq.Ft
Living Area Sq.Ft
Adjusted Area 1,733 Sq.Ft
Lot Size 25,000 Sq.Ft
Year Built 1967
Assessment lnformation
Year 2014 2013 2012
Land Value $1,875,000 $1,212,500 $1 ,125,000
Building Value $74,184 $75,508 $87,405
XF Value $43,818 $44,597 _ _17,018
Market Value $1,993,002 $1,332,605 $1,269.453
Assessed Value $1,465,865 $1,332,605 $1,269,453
Benefits lnformation
Benefit Type 2014 2013 2012
Non-Homestead Cap Assessment Reduction $527,137
Note: Not all benefits are applicable to all Taxable Values (i.e. County,
School Board, City, Regional).
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on re@rd. The property
Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http://www.miamidade.oov/info/disclaimer.aso
Version:
201 3 Aerial Photography
http ://www. miamidade. gov/propertysearch/081281201447
Page 2 of5*"#"fi
ii'iti ffitfiE*pno pE HTy AppHAr s E H
Generated On : 81281201t
Property lnformation
F olio; 02-321 1 -00 1 -0590
Property Address: 6940 ABBOTT AVE
Roll Year 2014 Land, Building and Extra-Feature Details
Land lnformation
Land Use Muni Zone PA Zone Unit Type Units Calc Value
GENERAL RM-1 3900 Square Ft.25,000.00 $'1,875,000
Building lnformation
Building Number Sub Area Year Built Actual Sq.Ft.Living Sq.Ft.Adj Sq.Ft.Calc Value
1 1 't967 1,733 $74,184
Extra Features
Description Year Built Units Calc Value
Chain-link Fence 6-7 ft high 1973 50 $341
Paving - Asphalt 1 968 12,500 $'10,688
Concrete Louver Fence 1 968 350 $1,197
Cent A/C - Comm (Aprox 300 sqfl/Ton)1967 7.5 $6,300
Concrete Louver Fence 1 967 675 $2,268
Concrete Louver Fence 1 967 1,720 $5,779
Paving - Asphalt 1967 20,530 $17,245
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property
Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at htto://www.miamidade.oov/info/disclaimer.aso
Version:
hup : //www. miamidade. gov/propertysearch/08128t20t448
Page 3 of5""ffi'tiiiiliffitfiE'
p R 0 pE RTy A p pHAr s E R
Generated On : 81281201t
Propefi lnformation
Folio: 02-321 1 -001 -0590
Propefi Address: 6940 ABBOTT AVE
Roll Year 2013 Land, Building and Extra-Feature Details
Land !nformation
Land Use Muni Zone PA Zone Unit Type Units Calc Value
GENERAL RM-1 3900 Square Ft.25,000.00 $1.875.000
Building !nformation
Building Number Sub Area Year Built Actual Sq.Ft.Living Sq.Ft.AdjSq.Ft.Calc Value
1 1 1967 1,733 $75,508
Extra Features
Description Year Built Units Calc Value
Chain-link Fence 6-7 ft high 1973 5C $341
Paving - Asphalt 1 968 12,50C $10,688
Concrete Louver Fence 1 968 35C $1,197
Cent A/C - Comm (Aprox 300 sqll/Ton)1 967 7.4 $6,300
Concrete Louver Fence 1 967 678 $2,268
Concrete Louver Fence 1 967 1,72C $5,779
Paving - Asphalt 1 967 20,530 $17,245
The Office of the Property Appraiser is mntinually editing and updating the tax roll. This website may not reflect the most current information on record. The Property
Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at htto:/ ,vww.miamidade.oov/info/disclaimer.asp
Version:
http : //www. miamidade. gov/propertysearch/08128120t449
""ffi"tii'iili
ffitfiE'pno pE HTy AppHArs E fi-
4'r5
Generated On : 81281201,
Property lnformation
Folio: 02-321 1 -001 -0590
Property Address: 6940ABBOTTAVE
Roll Year 2012 Land, Building and Extra-Feature Details
Land lnformation
Land Use Muni Zone PA Zone Unit Type Units Calc Value
GENERAL RM-1 3900 Square Ft.25,000.00 $1,875,000
Building lnformation
Building Number Sub Area Year Built Actual Sq.Ft Living Sq.Ft.AdjSq.Ft.Calc Value
,|
1 1 967 1,733 $87,405
Extra Features
Description Year Built Units Calc Value
Chain-link Fence 6-7 ft high 1 973 50 $435
Paving - Asphalt 1 968 12,500 $13,875
Concrete Louver Fence 1 968 350 $1,554
Concrete Louver Fence 1 967 675 $2,957
Concrete Louver Fence 1 967 1,720 $7,534
Cent A/C - Comm (Aprox 300 sqfl:/Ton)1 967 7.5 $8,213
Paving - Asphalt 1 967 20,530 $22,480
The Office of the Property Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on record. The Property
Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at htto:/
^/ww.miamidade.oov/info/disclaimer.asp
Version:
hup : //www.miamidade. gov/property searclv 08128t201450
""ffi'
tl ii'iili riF'tfi E' p R 0 p E HTy A p pH A r s E R"
5'r 5
Generated On : 81281201,
Property !nformation
F olio: O2-32'l 1 -00 1 -0590
Propefi Address: 6940ABBOTTAVE
Full LegalDescription
ATLANTIC HGTS PB 9-14
LOTS 1-2-1 1 & 12 BLK H
LOT S|ZE 200.000 X 125
The Office of the Prope(y Appraiser is continually editing and updating the tax roll. This website may not reflect the most current information on re@rd. The Property
Appraiser and Miami-Dade County assumes no liability, see full disclaimer and User Agreement at http:/ /vww.miamidade.oov/info/disclaimer.aso
Version:
http : i/www. miamidade. gov/propertysearch/08128120r451
cf)
oN
o
_o
Eo
oZ
I
jooo
o)
.C
C
Co
o_s
Uooco,=
tr
.q
Fo
=U
Co
o-
!-o
Co
U
C
=sbtpr'5 c6qmt
-C C)
i- 11o=ZC
t
If
i
g
i6'
IItl
=aI
.;,t,
E
F
E
'JtgI
E
EI
I
I
I oafo +,(ua
.e E',
==+, l-'E(U.o o-.c .ic
o) g)c='E 0)*Eru o-
3atro
OI+OIT'troo
o)tr
OI+
3a
.I xtII
rhooL-#cn
#
an
l-t\
ffiT
#
.r{
.i
su
=r(Utrp96qtrtEEE8PE
L'ac'=(5
I.U L
'h.ffiW
.{-
52
(r)
ON
o
_o
Eo
oz
I
ooo
o)
.gc
Co
o-
-CUoo6
E
.9
o
=O
Co
o-
!-o
Co
O
C
=oxF .\,/tpr5c6qmt
-coL-no=zs-
taorOc\l
rJ)
AI
qoorr)
ry(o
st
-voo
o
o
L
(Eob
X(6YO>r -CdtF
r{)
@
I
TL
o
.=o
a
t()N(o-
N
tooN
@-
(r,t
qoooo
loN
60
Jooo
o
@
IIL
fo
o
+
E'
.g{6Ci.u,mh6ii
k
E
!
=oo6m
taotr)f--
@
F
d(}
la,$lo
6t,F
Ioo6
$@
IL
o
#o
(r)E
.Y
([
o,
mzo
o
.I
-craL-oc
=ooco
-l
53
cr)
ON
o
-o
Eo
oZ
I;ooo
o)C'-
Co
o-
-C(.)
o
C)
co'=-
.q
=o
=U
Co
o-
!-
C)+
Co
O
C
=o=F .\-/tpNC6qcot
-cot_ /1o=z-
il
ios8
:*Eo698E;FB.cd'tEtso)(Uf.to-;i-P:eEEfiE Aliz?o)dI()@rDao
II+,
'=
IJ
{r,t-o
CLo.o
+,?
-o
Eo.o
I o
oEo
&,
54
cf)
oN
o
_o
Eo
oz
I
jooo
o)C.E
Co
o_
Oo
C)
co
E
.q
=Fo
=(_)
Co
L
o
C
C)
U
C
;sb
Lr\U}l
-C69ot
.COi_no=ZC
o.=o
O) *iFTFFd6cDoc,
EAknro(orl-
E
o-
a
(Y)
F
-yUo
GO
o
o)oLoo
o)tr
OIV
-Loo-
#OIU
55
cr)
oN
o
_o
Eo
oz
I
ooo
o)
.cc
Co
(Ls
Oooco
Eo
=o
=O
Co
o-
o
Co
U
C
=sbtp-C6qmt
.C C)
i- /1o=zc
cLo€e I E
EE B 3oE P E,";g) E E^E' = o_N.tr H- coo.y, - r\
E.t T EF
e E nE
-= k5o
f;E EBMJ! 5<>!?Tt(/, o.c H
E g ;Eg
6E H;EG JrorrN
o)
s ; Eaq E*,F:;,,P
P fiftE3g'
(f,
(Y)
F
-yUo
I
GO
o
c,)oLoo
c,)tr
O..YLoo-
+rOI
(,
Cty Plrldng l"d
!tri
c B
.-50-{
cltg
ccnluncr.i i,.FuSfca rzs
-2:
L
l'hl ,e
i
I
I
I
I
I
I
I
I
t_
oty ,ed&q r.ot CTIB
+ Rerlp!
:
!S5t IoJ, !t 6pt(e
''I65"
l
:
u-
- 5i5C Fat 25
56
(f)
ON
Lo
-o
Eo
oz
I;ooo
o)
.C
C
Co
o_
-COoo6'=-
.q
o
=O
Co
o_
l-o
Co
O
C
=sbtp
-C6qcot
_co
E-PZ-
oorh rFto cnO.c1() E' .Y.A ,; L;EgNE=
lgoE CE 6.0[J-+,v.rg.--b-(,):OEH
Po
t*6(Ua
gHE
Al-O fr9
&P E9.Llr) oEs o
r-
-r-q+=ahoo
.E H'8(/)6;
CD (J) -
(Y)
F-
.Y
Uo
GO
o
o)oLoo
o)car.YLoo-
#OIU
d
iH
57
THIS PAGE INTENTIONALLY LEFT BLANK
58
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,i 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of fe CitV
FRoM: Jimmy L. Morales, City Manager ,i -- AL>2
DATE: September 10,2014 I
\
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY THE BUILDING HEIGHT MEASUREMENT REQUIREMENTS FOR
SINGLE FAMILY HOMES
ADMINISTRATION REGOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND / ANALYSIS
On July 23, 2014, at the request of Commissioner Joy Malakoff, the City Commission referred
separate items to the Land Use and Development Committee pertaining to sea level rise and
additional refinements to the single family development regulations.
As part of the discussion pertaining to sea level rise and the measurement of 'Building Heights', the
Land Use Committee recommended that the same standard of height measurement being
contemplated for Commercial and Multi-Family Buildings also be applied to single family
residences. Currently, in the RS (Single Family) Districts, the City Code requires maximum height
to be measured from 'Base Flood Elevation'.
On July 23, 2014 an Ordinance was approved by the City Commission at First Reading that would
establish maximum height limits from 'Base Flood Elevation Plus Miami Beach Freeboard' in
commercial and multi-family districts, should a proposed project elect to construct the first level at
or above flood elevation. Second Reading of this Ordinance is scheduled for September 10,2014.
CONCLUSION
ln accordance with the August 20, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board that would add Miami Beach 'Freeboard' to the
measurement of Building Heights for single family homes.
,,ffiJ-**
Agenda ttem C/C
Date E 'o1T
TO:
T:\AGENDAV014\September\Referral to Planning Board - SF Heights Freeboard MEMO.docx
59
THIS PAGE INTENTIONALLY LEFT BLANK
60
g MIAMIBEACH
City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and
Jimmy L. Morales, City Manager
September 10,2014
WITHDRAWAL OF PREVIOUS REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY SINGLE FAMILY HOMES
ADMI NISTRATION RECOMMEN DATION
Withdraw the previously referred items.
BACKGROUND / ANALYSIS
On February 12, 2014, the Commission adopted comprehensive revisions to the single family
development regulations. On July 23, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred an item to the Planning Board and the Land Use and Development
Committee (ltem C4H), pertaining to additional refinements to the single family development
regulations.
The following items were addressed by the Land Use Committee on August 20,2014.
1. The clarification of the definitions of 'lnterior Side Yard Open Space'and'lnternal
Courtyards', for Lot Coverage Purposes;
2. The modification of lhe 70% Second Floor Rule as it pertains to interior height volume;
3. Adding a requirement for DRB review of new homes on all lots created by a lot split;
4. Amend the regulations to only allow roof decks on homes with direct access to the open
bay and on single story homes.
5. Extending the year of required DRB review for the replacement of Architecturally Significant
homes from l'942 to 1966.
As part of the August 20,2014 discussion, the Land Use Committee recommended that items 1-3
above move forward to the Planning Board and that the previous referral to the Planning Board be
withdrawn for the following items:
1. Amend the regulations to only allow roof decks on homes with direct access to the open
bay and on single story homes.
2. Extending the year of required DRB review for the replacement of Architecturally Significant
homes from 1942 to 1966.
TO:
FROM:
DATE:
SUBIECT:
Agenda ltem CV D
Date q-kP/c/
#61
Commission Memorandum
Referral Withdrawal - Roof Decks & Pre-1966 Single-Family Homes
September 10, 2014 Page 2 of 2
CONCLUS!ON
ln accordance with the August 20, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission withdraw the
previous referral to the Planning Board for the following items:
1. Amend the regulations to only allow roof decks on homes with direct access to the open
bay and on single story homes.
2. Extending the year of required DRB review for the replacement of Architecturally Significant
homes from 1942 to 1966.
,rm#
T:\AGENDA\2014\September\Referral Withdrawal - SF Pre1966 and Roof Decks MEMO.docx
62
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,)39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Pnlllp Levlne ancl Membe
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: REFERRAL TO THE PLANNIN(
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO REQUIRE THAT THE DEMOLITION OF ANY SINGLE FAMILY HOME
INCLUDE POSTING AS PART OF THE GOMPREHENSIVE DEMOLITION
PROCEDURES PENDING BEFORE THE PLANNING BOARD
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND / ANALYSIS
On July 23,2014, at the request of Commissioner Joy Malakoff, the City Commission referred an
item to the Planning Board and the Land Use and Development Committee (ltem C4H), pertaining
to additional refinements to the single family development regulations.
As part of the August 20, 2014 discussion, the Land Use Committee recommended that the
demolition of any single family home include posting as part of the comprehensive demolition
procedures pending before the Planning Board.
CONCLUSION
ln accordance with the August 20, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board to require that the demolition of any single family
home include posting, as part of the comprehensive demolition procedures pending before the
Planning Board.
tffilaw
T:\AGENDA\2014\SeptembeAReferral to Planning Board - SF Demolition Posting MEMO.docx
September 10,2014
t
REFERRAL TO THE PLANNTNG eOdnO -
Aqenda nem CV E
Date ?lo'ty63
THIS PAGE INTENTIONALLY LEFT BLANK
64
&':MIAM TACH
City ol Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
IrjTo: Mayor Philip Levine and Members ofithe City Cofhmission
li i-.FRoM: Jimmy L. Morales, City Manager ff-1*
DATE: September 10,2014 ;j t
u
SUBJECT: REFERRAL TO THE PLANNING BbARD
REVIEW OF AWAIVER OF DEVELOPMENT REGULATIONS !N A GU DISTRIGT
FOR ALCOHOLIC BEVERAGE SERVICE AT THE BYRON CARLYLE THEATER
FOR O CINEMA AND AT THE MIAMI BEACH CINEMATHEQUE.
BACKGROUND
The City Commission on March 5,2014 referred this item to the Neighborhoods Committee for
discussion and policy direction. The Neighborhoods Committee met on March 28,2014, and
voted to fonruard the item to the City Commission with changes to the ordinance providing for
segregated areas where minors would not be permitted, and alcohol would be sold and
consumed. The ordinance was subsequently modified to restrict alcohol consumption in areas
and auditoriums where no minors would be permitted.
On May 21, 2014, Ordinance No. 2014-3861 was adopted, which amended City Code Chapter
6 regarding the permitting of alcoholic beverage sales in movie theaters. The City Code now
allows for such sales at the movie theater on Lincoln Road, and other theaters that meet the
minimum criteria of (i) 15,000 sq. ft., (ii) 300 permanent auditorium seats, and (iii) located in
Commercial High lntensity Districts (CD-3).
Although the City Code was amended as described above, on-premises sale and consumption
of alcoholic beverages is not permitted at the Miami Beach Cinematheque and, if the City
Commission approves the proposed management agreement with O Cinema, would not be
permitted at the Byron Carlyle Theater.
Both locations are zoned Government Use (GU) and, as per Section 142-425(d) of the City
Code, the City Commission may wave by five sevenths vote, following a public hearing,
development regulations "pertaining to governmental owned or leased buildings, uses and sites
which are wholly used by, open and accessible to the general public, or used by not-for-profit,
educational, or cultural organizations, or for convention center hotels, or convention center hotel
accessory garages, or city utilized parking lots, provided they are continually used for such
purposes."
The aforementioned Section further requires Planning Board review prior to approval by the City
Commission.
CONCLUSION
The Administration recommends the item be referred to the Planning Board.
*rr,,:xce/pld
T:\AGENDA$/014\SeptembeAReferral to Planning Board GU Waiver for Byron Cinema MEMO.docx
Agenda nem C/F
Date 74?-/C/65
THIS PAGE INTENTIONALLY LEFT BLANK
66
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: September3'd,2014
SUBJECT: Referral to the Finance Committee and the Mayor's Blue Ribbon Panel on
Flooding and Sea Rise regarding the 2015-2016 storm water utilities calculations.
Please place on the September 10th City Commission Meeting Agenda on the consent
agenda as a referral to the Finance Committee and the Mayor's Blue Ribbon Panel on
Flooding and Sea Rise regarding the 2015-2016 storm water utilities calculations.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, frot Agenda ltem ? V Goate 7-/?-/(-67
THIS PAGE INTENTIONALLY LEFT BLANK
68
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: September 3'd,2014
SUBJECT: Referral to the Historic Preservation Board regarding Ocean Drive CIP Project
and accompanying amendments to the sidewalk caf6 ordinances.
Please place on the September 1Oth City Commission Meeting Agenda on the consent
agenda as a referral to the Historic Preservation Board regarding Ocean Drive CIP Project
and accompanying amendments to the sidewalk caf6 ordinances.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are commifted to providing excellent public seruice and safety to all who live, work, and play in our vibrant, troF'
Agenda ltem ClH
Date ?-/0'/./69
THIS PAGE INTENTIONALLY LEFT BLANK
70
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: September 3'd,2014
SUBJECT: Referral to Land Use and Planning Board regarding ordinance amendment to
chapter 106 relating to parking - to require a parking plan during construction for commercial
building projects
Please place on the September 10th City Commission Meeting Agenda on the consent
agenda a referral to Land Use and Planning Board regarding ordinance amendment to
chapter 106 relating to parking - to require a parking plan during construction for commercial
building projects (Commercial and Multi-family only). The plan may include leasing a lot of
workers, required proof of ride sharing, rent of parking spaces from city at parking garages,
etc.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed to providing excellent public service and safety to all who live, wotk, and ptay in our vibrant, f.pr,Ag"nda ftem C? T
oate 7-/o'/{71
THIS PAGE INTENTIONALLY LEFT BLANK
72
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: September 3'd,2014
SUBJECT: Referral to Finance Committee to permit the vacation of a right-of-way parcel on
the north side of 5860 North Bay Road and approval of storm water utility easement, to
facilitate the City's storm water improvements, on the south side of the same property.
Please place on the September 1Oth City Commission Meeting Agenda on the consent
agenda a referral to Finance Committee to permit the vacation of a right-of-way parcel on
the north side of 5860 North Bay Road and approval of storm water utility easement, to
facilitate the City's storm water improvements, on the south side of the same property.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
Wearecommiftedtoprovidingexcellentpublicseruiceandsafetytoalt wholive,wotk,andplayinourvibrant,t /Agenda ltem CVT
Date ?-/o 4q73
THIS PAGE INTENTIONALLY LEFT BLANK
74
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Memb"* t the City
Jimmy L. Morales, City Manager
{-..-\
September 10,2014
\
SUBJECT: A REFERRAL TO THE BUDGET ADVISORY COMMITTEE FROM THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO DISCUSS
STRATEGIC PRICING FOR MIAMI BEACH GOLF CLUB AND NORMANDY
SHORES GOLF CLUB; AND REVIEW OF THE PREMIER
GOLF CARD.
BACKGROUND
At the August 29th, 2014 Finance and Citywide Projects Committee meeting a discussion took
place regarding offering the management company flexibility in setting strategic pricing during
certain times of the year. Additionally the committee briefly discussed Miami Beach's involvement
in the Premier Golf Card. Both items were referred to the Budget Advisory Committee for more in-
depth conversation with the strategic pricing component being put on a deadline to return to the
Finance and Citywide Projects Committee no later than November.
Attachments:
Premier Card Background
Premier Card Final Monthly Rounds 2013
Premier Card Final Distribution 2013
JLM/
T:\AGENDA\2O'14\September\Parks & Rec\Referral to the BAC From FCWP to discuss Strategic Pricing for MBGC and NSGC and Review of
Premier Card MEMO.docx
Agenda ltem CY/<
Date ?-/O-/q
FROM:
DATE:
75
Page 2 of 6
City of Miami Beach
Premier Golf Card
Background
The summer period is a very challenging time for golf course operators to generate play.
The weather conditions, heat and reduced tourist based business requires management to
generate rounds from local and regional golfers. The summer golf market is highly
competitive with courses substantially dropping their golf fees, developing marketing
packages which may include driving range balls, reduced priced food and beverage,
discounts for multiple rounds purchased, etc. A summer membership program is one of the
most common methods used to attract golfers, increase revenues and reasonably insure
an increased number of golf rounds during the slowest time of the yeat.
Premier Card Overview
The Premier Card was started by PCM in 1990 and has been in continuous operation for
25 years. Premier Card offers a summer membership program which for the summer of
2014 includes 18 of the finest public access golf courses in Miami-Dade and Broward
Counties. The program was conceived and developed with the sole purpose of increasing
play and revenue at participating courses during the traditionally slow summer months with
all the revenue generated by the card sales, less marketing and administrative fees and a
management fee of $5,000 per club, going to the participating courses.
Fifty percent of the income generated by the card sales (after marketing and administrative
expenses) is distributed equally among the participating clubs; the remaining fifty percent
of revenue is distributed to the clubs based on the percentage of rounds played at each
golf course.
Since its inception and despite a difficult economic environment, the Premier Card
Summer program has had accelerated growth in the number of participating clubs, card
sales and revenue. This year's forecast projects more than 8,000 in Premier Card sales
and an excess of $5,000,000 generated for participating courses in revenue from card
sales, cart fees and increased memberships. These results make the Premier Card
Summer program the most successfuljoint summer membership program in the Country.
76
Page 3 of 6
The clubs participating in the 2014 Premier Card Summer Program are:
Miami - Dade County
Country Club of Miami
Crandon Golf at Key Biscayne
lnternational Links Miami
Shula's Golf Club
Miami Beach Golf Club
Miami Shores Country Club
Normandy Shores Golf Club
Broward County
Carolina Club
Grand Palms
Bonaventure Country Club
Hillcrest Country Club
Jacaranda Country Club (East and West)
Pembroke Lakes Golf Club
Plantation Preserve
Deer Creek Golf Club
Woodmont Country Club
Seven Bridges at Springtree
Historica! Data
Prior to participating in the Premier Card Summer program, the City of Miami Beach
offered summer memberships at the Miami Beach Golf Club (Normandy Golf Course was
closed at that time). ln 2003, the first summer membership program was implemented,
offering a single resident golfer a membership valid from April 1sth to September 30th. This
membership included unlimited green fees for the price of $1,000 plus a cart fee of $20.00
per round. The initial program sold 66 memberships and generated $126,088 in revenue.
ln subsequent years, the City implemented similar summer golf membership programs
whereby its most successful year, 2005, saw a total of 126 memberships which generated
revenue of $213,706. Moreover, prior to participating in the Premier Card Summer
program, the Miami Beach Golf Club offered Premier Card holders the option of playing
the course Monday thru Thursday for a rate of $50.00. Yet, this generated limited play and
minimal revenue.
During the 2008-2009 financial crisis, particularly the winter of 2009, the Miami Beach Golf
Club experienced a substantial decline in projected revenues. The widespread cancellation
of group business; coupled with the poor responses to prior summer membership
programs and the shortfall of projected revenue dictated the need to develop a new
revenue stream. After researching the Premier Card Summer program, it was determined
this would be the best solution to the slow summer season. Thus the Miami Beach Golf
Club and Normandy Shores Golf Club became full Premier partners in 2009.
77
Page 4 of 6
Benefits to the Miami Beach and Normandv Shores Golf Glubs
The City of Miami Beach golf clubs began participating as full partners in the Premier Card
Summer Membership Program in 2009. The following is a summary of annual revenue:
Miami Beach Golf Club Normandy Shores Golf Club Total
2009 $623,788
2010 $657,931
2011 $688,157
2012 $628,316
$440,373
$479,835
$535,559
$395,998
$1,064,161
$1,137,766
$1,223,716
$1,024,314
$1,093,941
(Golf courses c/osed for a combined 42 days due to record rainfall)
2013 $678,232 $415,609
78
toto
E
oEc5o
o
o
o
o
E
o
oooooo
oc)
dt,
t
o
;s
\o
coq(,
sc')rq
-
or()
o;
slr)qa
soct
Ci
sra)
d
s
-t
i*
st(t)
r-
-otnt*
;eco
a?
r(f
;eo)-q
(v,
s(\'
a?
arl
(o
c;
s
ol
sv
Qq
sl(,q ;xoocte
FoF
to
d
l.,t-?rf
(oo\
o.o(D-
o
€(\t
ryo
@(tqo
rJtC'
oi
@tl
<?
(l)
o
ol
co
(o
(v)
(.r-
r(,
o{o(o
'{i
tato,o-{
t*@oq
(Y'
(0lo
c?
N
o,
q
t\r
t(te!
to6t
GAN
ozI(,o
Qt*ol
€ait
c.i
-t@oq
(oq
u)\t--
@-trct
-
(r,ro
ry
(Y).rf
F)-
o
C)I.
€t*.D
(og)(o
(o
@t-
F-F.ro
ra)(o(o
f!F-6l
(t,(\t
GI
(r:'t
@-
(,o
aooo
('lc,o-
C\a
N
\t-"t
1.r(\r
r?rr).7,tc?
6t(t,
(3_
F(o
o_
(Y'o,o)
(\I
@(o
(,c{}-
(n(r,
Ll
t+ot
@tr.(!
rolr)
N
@(o otrot.)..t
ctoo
E
=
c,)(\tc.l
N
oo)
c.i
t\{F'\
N({,
u?
c{F-.t (\{(!(o-
(\l
f.,rfl
otC,e\l
(t(r,
c?r-
3oo-
o(')
F-
r,,
@l.,
CO
rr,
t\trt
c,co(.?
o(D GIro
co-
G'
E'3{
-=
$tfo-
(\a
@aoo!
N
(o\
rf@r0.
c,
@\
@iI,c!
Ito-t
co$t(Yr-
-
(t @(9o
@(or+
o
C')t
u)st(o o c\t<o6l (o o1\
ti
?oc3?
@lorq(\
o(o
c.i
(')\try
(0(D
_(o-
(\ton oa
(to(\r Fft-
(oc{
ln_
F
c't(oi-
(oot'-
(o
(t
o(ort o co
co6l
otSI
(a
(o
oE3?
(!-
t*o
(!'
c.i
(o\
@F.
co-
T.)(o
ao.
ororo-
rr)Ite\l
O)(\ltfl
(\t
6l
--f-
@
c\,1
t\Itt-
tttll,
tortl
€
(o
i-
O)
o6rr)
T\ri
F
r.,(D
a,
6
=
EI
o,
F.-
c.i
(l'
h-oq
}-o)og
ra,(D
c?
u)tto-I
(\loa
o,$t(\9
C9
!+-
t6t(l,
ro(9t
ro
(o
ro
colr)
(t,(Dt
@co(\I
o,lat GI
o
od
@3
C)
(J
(Eocl
E
.g
=
G?
(g
(Uoo'2
o
oo
O)LC
.9
(v
(!
o-
oo.Y(u
J
o.3oa
o(L
E
.(l'E
o.x
=G'
o
$
o
oo
o
lt)
E
(E
E
oz.
o
0)
o
a
.g
=
oo
o
=T
c,
.9
d]
(,
:<
c,s
o(,
o!
(E
(J
E
.s
=o
!
J6
e
oo
o
E
oo3
o!(Eo
!l
a!(,
o
o
(!
om
_o(E
=tn
()
o
=o
(o()
oct.;
oo
Eo()
0oo
t,o
=Dot
E,
!9
=UIto.
JgoF
ar,
o
Page 5 of 6
FE
8=
=llJo.tfi;;Q:oi i[ox9
.Etr b
E=EO-F r
P6PR==JE
ztr
Parr"' Ii-ifo I 3 Prcrnicr (iolf ('rrtl
79
,ioou-
a6o(D
od
:atr!,Oco-i..o
E=.IP.=aoo
ECo*>Y
Egsi;Po6 s')oiL
b#'=h0)oI ct)L(Eo.b
EB
Eoood
3Eoo60
-tL(q
oE
=o!q,EPoby>JOom,-o
o=LO)
a>;o);tr
:i(E
-L'Or::o
otr>(DEd
9bo:!.=<=io2
Lncol')-qqeqocE
Nh(o6G)$o(4N=til.-ohGu'
o(,ocotrr^-o)co@ooY
{rOCOea
o:q
o! (oo-q
(f)l,(O*(i1 Ncre
(r,{o-l'-a.rn
NN(ON(nr)F.@o.i oi'fcidd.rvi(o@(o(omono
NNOrN(g(Ocl)u1dr.i.jt'iqtLoui{NCD(Oll)erdt(O(olnV9tt$(f,(f,
sr|,!!'t.r€r4r!''t'
IE.
N*
bEsBq
o;
O.
u'
g
oUF3
{
OttO-NSrr)-OOFhOu!@NI N (o N (n rJ),.- cO 6 6 C) o) m - 6 (oo -,r' yi ci oi oi o ri d $ $.i + F- d +
dl .t-'t- \ ^{ q o- N- \ oI ol @- ul ul a ^lO) rr1 (O Ol rrl dr) O ol, F. F c) O) @ N tI N e () () O C, O ol) N N F- (g 6 (r, tr)esteiiurvttlUlytg't/)qJreer0ura
N O) S O t t\ cO tc (?, m rt (o \f F N F(\q4\Nllq\qqqqo.l -qqo) o lf t 6) @ co o) N rr N - (r) (^o F mN o) O (n F N ttt rn r) F. $ cO t\ m O\ \ \ -- (!- O- v- o. - dl N- o_ 6_ co- @_ (q
t(v6oNo)r{(n(ol,)tNF(')No) cO € ('0 (o Lfi rl 6 Y) (o N N N F F tt0ttoaaasroooo0ooo
$$EE*ilsr*s*{il+r*:1(a(qr5xN+(n6!(D(oqoI : ci qi cj d N ^i N + ai d ni .: i ;
(orv) r.. 6 6 n a v1 I m t) 6 tn |./) !n NJ s
Gd d cd cd d {, qi tri d d cri d d cd + d(.o (o (o (o (o (o (o (o (o (o (o (o (o (o €o (oo) or o) o) o) g) o) o) (') oJ o) ol o1 0) sr o)9' * g, @ s, 9, 0 v) a 9, a) G c o 6 aa
@ € 6 6 0 6 @ O CO CO CO aO 6 6 0, @6. th. 6. q q ul u? u'l u? U.l u? u? q r.: \ qor o) or o, o) c) o) (r) ot (D ot ot o, o) o) dror (') (') or o) o, or (') d) o, o) o) o o) o) o)rD Ln n rn u1 !o rr) y) in g) 6 t/, tal l/) N vt
N l.- N t* r.- N N N N t- N N t* N (r) Nrfttsf!.!tt!.!.rfMfNlrfs) a/' (r' e, 6 la t/t rf,t t+ & o e .A I 0 @
E:C\ruo 5
I
o<
l/)oOLrtl,)qrt (o v'g
ooo(Y}$Nqqq
NO.}N'6gc
oooooooooooooooooooooovidu;,;dcicidctuidLnNttN(nNrao,NrD(7tenNdtd]arr(r)N-39r''-(,{,t,rsal,lfr(,
.AO
oo()ooooooooO)(n(\\fO)e(l}olroooq q F.- a. f.r o- a. e- o- @- d1
s(0(Vrco(o(oNr)(f,rfr{ArA-ta{re+OO16ar*, u,
roI
og)4(v)O
t(na
oN
rig
oooul qg(DOF.$oro)tSNt)
F-- d rti\t(g(r,i+o6
soo
niNvi
f\ f! (\
o(orfr.') d,o- trl Nl
NN
NNF€D(q co_Gt (oo
AQ
o6
\r\
LoN(tl @o- 6_
\lo
(Y)oo-t
0
o
G
fi
Norl
sl
q
ot-
m
(v)
(,
I
vi
(o(n
e1
h
ooooooooou?u'l geqqgqq
NN\tOOOln06(f)rrf\ecOslN@(O\e-v-aq---ul\6-fO N O) t\ CO F 6l l/, 1.,Ntndt(Y)Otc}cOrnu)vr$(r)(oN(nNNNar.rr.A690rrg)(r)
888888888siNaiqicidNdqi.n.qNFtNGr.5\rR/t+ttr^vlratttlbl.
tnm(.ocooco;Noil6;or,)co.:o-(.in_6_ci;:t
$E$EsFsissssiS,gI
Page 6 of 6
G
==3o
UJED
{sGouI
=uIg;
arz'E<
arzd9aaf
REE,F
@o
J
ztr
B
3
&G
E
og
=E
.d
oo
3
Eo
ooi
I
ooi
3
o
p
o
q!
3
o
cp
Page 2C,20l.l Prcrrrier (iolt Card
80
C MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: September 4,2014
SUBJECT: Proposed Amendment to the Lond Development Regulotions to Estoblish
Demolition Procedures for oll Properties in the City
Pleose revisit ond reconsider item C4A from the July 23, 201 4 ogendo. The demolition
procedures must coincide ond not conflict with Phosed Permitting procedures os
estoblished by the building deportment. Commissioner Weithorn ond Building Director
Moriono Fernondez recommend revising the longuoge so thot there is o six month bond
in the event thot construction does not begin, ond require o fence os opproved by the
DRB or Plonning.
Pleose refer this item to the next Lond Use & Development Committee.
lf you hove ony questions pleose contoct Louren Corro ot extension 6528 or
Lo u renCo rro@m io m i beochfl. gov.
We ore commilled to providing excellent public service ond sofenV o ol! wlto live, work, ond play in our vibront, tropicol, hir^"'^ ^^^^,,niht
Agenda ttem C4L
Date ?-/a-/{81
THIS PAGE INTENTIONALLY LEFT BLANK
82
g MIAMIBEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl,gov
COMMISSION MEMORANDUM
t,To: Mayor Philip Levine and Members bt tn. City Corylrission
FRoM: Jimmy L. Morales, City Manager t -l ;>*,--i/DATE: September 10,2014 I
I
SUBJECT: REFERRAL TO FINANCE I RUO CITY.WIDE PROJEGTS COMMITTEE
(FCWPC) - A DISCUSSTON ON A NEW PROGRAM FOR EXPEDITED LIEN
SEARCHES WITH A TURN.AROUND TIME OF ONE TO TWO BUSINESS
DAYS; CHARGING CUSTOMERS $25O.OO FOR AN EXPEDITED CERTIFIED
LIEN SEARCH AND $3OO.OO FOR AN EXPEDITED CERTIFIED
CONDOMINIUM LIEN SEARCH INCLUDING COMMON AREAS.
ADMINISTRATION RECOMM ENDATION
Refer the item to the Finance and Citywide Projects Committee for discussion.
BACKGROUND
The City of Miami Beach processes approximately 1,600 certified lien searches annually.
Current fees for certified lien searches range from $100 to $150, with approximate
revenues at $227,500.
ln September 2009, the City of Miami Beach established the current fee structure for lien
searches. When conducting a certified lien search, City staff research open building
permits, code violations, building violations, in addition to unpaid amounts for City
charges (i.e. water, sewer, stormwater, waste, resort tax, special assessments, business
tax, and miscellaneous City bills).
On July 2,2014, City staff conducted an industry meeting for title companies to discuss
the City's current lien processes. The top 25 title search lien customers were invited to
attend this meeting. During this meeting, the industry suggested the City establish an
expedited 24-48 hour certified lien service for an additional fee.
Currently, the City publishes a turn-around time of ten business days for certified lien
searches. The actual average turn-around time for these lien searches is approximately
five business days.
CONCLUSION
The Administration recommends that the Mayor and City Commission refer this item to
the Finance and Citywide Projects Committee for a discussion and recommendation on
a new program for expedited lien searches.
Agenda atem C?M
JLM/PDW fr**
Date ?-/o-/c/83
THIS PAGE INTENTIONALLY LEFT BLANK
84
c6
COMMISSION COMMITTEE REPORTS
85
*I
ql!!'s
.'. i ,n, ,ri 1i[.' * ,'\ i'
OFFICE OF THE CIW MANAGER COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: REPORT OF THE NEI UN|TY AFFATRS COMMTTTEE (NCAC)
MEETING ON FRIDAY, JULY 25,
A meeting of the Neighborhood/CommunityAffairs Committeewas held on Friday, July25,
2014 al3:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Micky Steinberg, Deede Weithorn and Ed Tobin. Members
from the Administration and the public were also in attendance. Please see the attached
sign-in sheet.
THE MEETING OPENED AT 3:02 P.M.
1. Discussion Regarding A Request From The North BayVillage MayorTo Discuss North Bay
Village Residents' Use Of The Normandy !sle. 3:32pm
Commission ltem C4B, February 12, 2014
(Requested by the Parks and Recreation Department)
John Rebar, Parks and Recreation Director, and Mayor Connie Leon-Kreps presented the item.
Pursuant to a letter from Mayor Connie Leon-Kreps of North Bay Village ("Attachment A"), a
discussion item was initially referred to the Neighborhood/CommunityAffairs Committee (NCAC) at
the January 15,2014 City Commission meeting. The item was then presented to the NCAC at its
February 28,2014 meeting. Mayor Leon-Kreps advised that North BayVillage finds itself with limited
resources for their residents and expressed interest in the City allowing North Bay Village residents to
utilize amenities at Normandy lsle Park and Pool. Parks and Recreation Administration was tasked
with assessing the current programming at Normandy Pool in order to identify any opportunities for
the North Bay Village residents to utilize the pool during non-programmed times.
An item was referred to the Finance and Cityrvide Projects Committee at the June 1 1,2014 City
Commission meeting regarding a discussion of the schedule of user fees for various Parks and
Recreation programs and services, facility admissions and rentals. This item was pulled for
discussion by Commissioner Greico. Commissioner Grieco stated that there is a request from the
Mayor of North Bay Village to allow access to North Bay Village residents to the Normandy Pool and
facilities at a reduced rate, less than what an out of town resident would pay. Commissioner Greico
requested for Staff to determine where there is space, whether bytime or actual slots, in orderforthe
City Commission to price it out and determine if a reduced fee for North Bay Village can be
accomplished. John Rebar, Parks and Recreation Department Director advised that all City of Miami
Beach residents use the facility free of charge. Nonresident rates are $6 for children and $10 for
adults. Fee waivers can only be accomplished through action from the City Commission.
Commissioner Weithorn explained that at the NCAC meeting, it was decided that the City would not
place our residents behind those of other cities. Director Rebar advised that programs such as
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, a1 Agenda ltem CG A
i."il':[ ilJ,'filHii!lffs::yflil:[:';flr",Tir:ilx"'{:tT3:*35:se
contact 305-604-248e (voice) or 305-673'7218 (T Date w-86
soccer and basketball are at capacity, with several people on waiting lists. However, Staff would
assess to identify any programs where there is room and there may be some times when the pool is
not in use, especially for seniors. Commissioner Malakoff suggested a reduced fee for North Bay
Village residents, which would be lower than the nonresident's fees.
Following direction from the City Commission, Staff has analyzed the Parks and Recreation
programming utilization in the North Beach area. Based on the analysis, the Administration has
determined that there is an opportunity during the school year (non-summer months) where the
Normandy Pool could be utilized after 9:00a.m. ln addition, there may also be opportunity in a
number of athletic programs/classes since participation has not reached max capacity. A detailed
analysis is provided as "Attachment B". lt should be noted that the City's senior programs and special
population programs are already offered to non-residents, many of which are free of charge.
Should the North Bay Village Residents be provided with an opportunity to participate in the
City's recreation programming in North Beach, consideration should include which types of programs
would be offered as well as, the fee structure for participation. Currently, the Parks and Recreation
programming only offers a two-tierfee structure, Resident and Non-Resident. Consideration should
also include the possibility that other neighboring jurisdictions may approach the City with similar
requests. The Administration seeks direction from the Neighborhood/Community Affairs Committee
on how they wish to proceed.
Commissioner Weithorn- Stated that when this was discussed in February the direction was if
programs are full they cannot be discounted to North Bay Village because we can't even offer them
to our residents. So for the programs that are not full, especially the competitive ones that need
sufficient players, there was no problem with coming up with a smaller fee and when the residents
registration ends, if there are spaces available, registration would open for North Bay Village.
Therefore, if a program is full after the Miami Beach registration ends, it is done and there is no need
for anymore participates. Specifically for the swimming pool, sometimes the pool is not filled to
capacity. The City might as well get some revenue since it does just sit there. The sport programs
seem to be pretty full. The Beach Volleyball isn't full, which would serve the citizens of North Bay
Village well since they don't have direct beach access. Also, some senior programs would be
beneficial. Stated that there should be 2 or 3 programs picked to do a pilot program and run it for a
year.
Commissioner Tobin- Stated that he thought it would benefit North Bay Village more to use our police
and fire.
Commissioner Steinberg- Stated that Commissioner Weithorn is correct if the programs aren't full by
Miami Beach residents those are the ones that the Commission should look at, anything over 50%
the Commission should wait on. ln regards to the pool, doesn't want to take away the experience
from Miami Beach residents of using the pool if it is at capacity with nonresidents from North Bay
Village.
Commissioner Malakoff- Stated that she agreed with Commission Tobin about police and fire. Also,
stated that North Bay Village is so close to the Normandy Pool and facilities suggested cutting the
rates in half for North Bay Village Residents.
Commissioner Weithorn-Gave direction to monitor the pool usage during the summer months
because it does get used frequently by residents. Stated that she agree with Commissioner Malakoff,
the rates should be cut in half for North Bay Village residents. Stated that the two programs to start
the pilot program would be the pool at the half off the nonresident rate, and the second program is
the sand volleyball.
John Rebar- lnquired if the Commissioner would be looking at nonresident rates for the beach
volleyball, as of right now the rates are 90 dollars for nonresidents and 60 dollars for residents.
Commissioner Weithorn- lnquired if 75 dollars would work, it is somewhere in the middle.
Johnathan Gross (Parks and Recreation for North Bay Village) - spoke.
MOTION: by Commissioner Weithorn to have North Bay Village residents use the Normandy Pool at
half price of the nonresident fee, and have a discounted rate of 75 dollars for the beach volleyball.
Seconded Commissioner Steinberg.
Commissioner Tobin- Stated that he voted no because there are too many adjoining cities and
neighborhoods and this would open up the Miami Beach facilities to them.87
Commissioner Steinberg- lnquired if a program has few people enrolled, does that program
continue?
John Rebar-Stated that it depends on the program but sometime it does get cancel.
Commissioner Steinberg-Stated that in light of that she would like to see this implemented I because
it would help those programs that are at risk of being cancelled. lt should be done on a pilot basis
and the North Bay Village registration is after that of the Miami Beach residents.
John Rebar- Stated that yes, there are two separate registrations for the Normandy Pool and beach
volleyball. Each would first be open to the Miami Beach residents, and once that closes and there are
still several spots left, it will be opened to North Bay Village residents.
Commissioner Tobin- Stated that it should be announced when the pool is not so busy.
John Rebar- Stated that once the school year starts, after 9 AM, the pool usually slows down.
Commissioner Malakoff- lnquired what the population of North Bay Village is.
Mayor Connie Leon-Kreps- Stated a little over 7,000.
Commissioner Weithorn -Stated that in the future the City is looking to build a Teen Center in the
north end. Stated that she feels strongly that the City will have to look into giving a reduced rate to
Miami Beach students that live in Surfside, or North Bay Village.
2. Discussion Regarding An Ordinance Amending Chapter 70 Of The Code Of The City Of
Miami Beach, Entitled "Miscellaneous Offenses," ByAmending Article ll, Entitled "Public
Places' ByAmending Section 70-67, Entitled "Prohibited Activities" To Prohibit Motorized
Means Of Transportation ln, On Or Upon Any Portion Of A) The Beachwalk Between 1Sth
To 23rd Streets And Between 64th To 79th Streets. And South Of 5th Street; -B; On The
Lummus Park Promenade (Also Known As The Lummus Park Serpentine Walkway)
Between sth And 1Sth Streets; C) The Sidewalks On The East Side Of Ocean Drive Between
South Pointe Drive And 1Sth Street; D) The South Pointe Park Cutwalk Adjacent And
Parallel To Government Cut; And E) The Marina Baywalk Adjacent And Parallel To
Biscayne Bay And South of Sth Street; Providing For Repealer, Severability' , Codification,
And An Effective Date. 3:49pm
Commission ltem RSF, May 21, 2014
(Req uested by Commissioner Wolfson)
Jose Gonzalez, Transportation Director presented the item.
On October 24,2012, the City Commission passed and adopted Ordinance No. 2012-3780 and
Resolution No. 2012-28041which provided various regulations concerning Segways. The Ordinance
amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections 70-66, 70-67,
70-68, 70-69, 70-70, and added Section 70-71. The Ordinance restricted the speed of Segways to
eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the operation of
Segways on interior pathways within South Pointe Park and Collins Park and on the sidewalks on the
west side of Ocean Drive between South Pointe Drive and 15 Street. Pre-existing code provisions
prohibit motorized means of transportation, except for wheelchairs or other motorized devices when
used by disabled persons, in, on, or upon any portion of Lincoln Road Mall from the west sidewalk of
Washington Avenue to the east sidewalk of Alton Road.
On June 11,2014, City Commission adopted Ordinance No. 2014-3881 which prohibited the
operation of bicycles on Lincoln Road Mall between 9:00 am and 2:00 am. Ordinance 2014-3881
also amended the definitions in Division 2 of Article ll of Chapter 70 of the City Code to define
"motorized means of transportation" to include "electric personal assistive mobility devices" and all
other devices and means of transportation propelled other than by human power, such as motorized
skateboards and skates, but not those devices defined as a "vehicle" under State law. Devices
defined as a "vehicle" under State law, such as mopeds, motorized scooters, and motorized bicycles
are already prohibited on bicycle paths, sidewalks, and sidewalk areas under State law and are
enforced by the City's Police Department as noncriminal infractions punishable as moving violations
under Section 316.1995 of the Florida Statutes. Violations of Section 70-67 (concerning prohibited
areas and activities for operators of motorized means of transportation) and Sections 70-69 (a)-( c)
(concerning prohibited areas and activities for operators of skateboards, bicycles, skates, and electric
88
personal assistive mobility devices) are also enforced by the City's Police Department, but are
deemed non-criminal infractions, punishable under State law.
To further address safety concerns and accidents already experienced in the City, the proposed
amendments to Chapter 70 are necessary. Specifically, many accidents and collisions between
motorized means of transportation and pedestrians have occurred on the City's sidewalks and
bicycles paths. ln addition, during high impact periods when pedestrian traffic can increase by the
thousands, it is unsafe for any vehicle or motorized means of transportation to operate on streets
closed to motor vehicle traffic by the Police Department for events because such closed streets are
then utilized by dense pedestrian traffic. After careful consideration, and research, and input from the
community, the Administration has proposed Code amendments which incorporate the Administrative
Rules into the City Code and which include stricter penalties for insurance violations for business
entities providing rentals, leases, and/or tours.
During the second reading of Ordinance 2014-3862 on May 21,2014, the City Commission referred
residents'suggestions to the Neighborhood/Community Affairs Committee (NCAC).
Some of the suggestions provided by the residents are currently covered and enforceable under
recently approved Code amendments. The residents'suggestions and the Administration's response
to each are summarized below:
. Suggestion regarding Boardwalk: Prohibit motorized means of transportation on the boardwalk and
pedestrian sidewalk. Response: (Sec. 70-67(c)), amended on May 21,2014. ln addition, wheeled
conveyances are currently prohibited on the boardwalk per Section 82438. This item will also be
referred to NCAC in September 2014 for further discussion, input, and direction.
. Suggestion regarding BTRs: Require a BTR, complying with existing insurance requirements,
existing speed certification requirements, indemnification agreement and customer acknowledgment
requirements. (Sec. 70-70 (a)). Response: The modifications proposed in the Ordinance on the July
23, 2014 Commission agenda, along with the previously approved amendments, cover this
suggestion in Sections 70-70(a),70-70(b), 70-70(c), and 70-70(e).
. Suggestion regarding lnsurance: Expand existing insurance requirement to include annual
furnishing of Certificate of lnsurance to the City. (Sec. 70-70 (b)). Response: ln addition to the annual
insurance certification, the lnsurance Tracking System contract awarded by City Commission in May
2014 will allow the City to conduct routine check-ups on the status of the insurance requirements for
all businesses. Also, when BTRs are renewed annually, new insurance certificates must be
submitted.
. Suggestion regarding Speed Certification: Expand maximum speed certification requirement to
require identification of speed-certified motorized vehicle and annual inspection and testing of each
motorized vehicle bythe Cityfor compliance with the maximum speed requirement. (Sec. 70-70 (g)).
Response: At time of issuance of application for BTR, the City's Finance Department will review the
application for all certifications, including the manufacturer speed certification. ln addition, the City's
Code Compliance Department is currently conducting random spot checks at the various dealers to
make sure the machines are set to beginner mode. Beginner mode is pre-set by the company to
operate at a maximum speed of 8 mph. A maximum speed of 8 mph is required in Sec. 70-67(d) and
(e)and in 70-70(c).
. Suggestion regarding ldentification on Devices: Add an annual application for the issuance of a
unique numbered license plate for each motorized vehicle. (Sec. 70-70 (g)). Response: Under Sec.
70-70(9), business entities providing rentals, leases, and/or tours are required to affix decals
depicting the company name, phone number, and vehicle number to the front and rear of each
device.
. Suggestion regarding Tour Groups and Training: Add provisions that regulate organized Tour
groups and training provided to renters. (Sec. 70-70 (h)). Response: This item will be discussed at
NCAC for input and direction.
89
. Suggestion regarding Definitions: Add definitions regarding motorized devices. Response.
"Motorized means of transportation" and "electric personal assistive mobility devices" and "bicycle"
are now defined in Sec. 70-66.
. Suggestion regarding Substitution of Terms: The term "motorized means of transportation" should
be substituted for "electric personal assistive mobility device" throughout Division 2 of Article ll of
Chapter 70. Response: The substitution of these terms is appropriate in some contexts. This issue
will be discussed at NCAC for further input and direction.
. Suggestion regarding Enforcement Responsibility: All provisions should be enforced by a police
officer or code enforcement officer. Response: Currently, those violations which generally are
"moving" violations are noncriminal infractions under Florida Traffic Laws per Sec. 70-71(a) and are
enforced by police officers. These violations cannot be cited by a Code inspector. The violations
enforced under Sec. 70-71(b) are generally "non-moving" violations and concern safety related
practices of businesses that rent electric personal assistive mobility devices, time of day restrictions,
and reporting responsibilities of renters. These violations are enforced by Code inspectors. Pursuant
to Sec. 30-3 of the Code, police officers are authorized to assure code compliance, in addition to
Code inspectors, and may enforce any City Code violations.
Henry Stolar- (resident) spoke.
Commissioner Weithorn- Stated that she would like to review these issues one by one.
Henry Stolar- (resident) spoke.
Commissioner Weithorn -Stated that she does not have a problem with having them go in a single
file. However, there is a problem with stating that no one can be separated from the group. As far as
not allowing more than one person on a motorized means of transportation, it is something that she
cannot answer because she does not know enough about it. lf someone has a child, does that mean
they cannot participate?
Henry Stolar- (resident) spoke.
Commissioner Weithorn - lnquired if anyone had the information regarding more than one person on
a motorized means of transportation.
Henry Stolar- (resident) spoke.
Commissioner Weithorn -Stated that she agrees with the single file line, and hand signals, though
she is unsure if people understand them.
Henry Stolar- (resident) spoke.
Commissioner Weithorn- Stated that she would like to understand the ramifications of having more
than one person on a Segway. lf the City says that no one under 16 years of age can rent a Segway
then that is implying that if someone has a child with them they cannot rent a Segway.
Commissioner Weithorn - lnquired if anyone has this information
Henry Stolar- (resident) spoke.
Jose Gonzalez- Stated that trikes were mentioned and this ordinance do not mention anything
about trikes; it is specifically for motorized means of transportations because trikes are defined as
vehicles by Florida statue.
Henry Stolar- (resident) spoke.
Deborah Turner- Stated that trikes are vehicles, and this ordinance exempted all means of
transportation that are defined as vehicles by Florida law because they are already unlawful on
sidewalks, pedestrian ways and bike paths. Since they are already coved by Florida law the City
Attorney's Office did not feel the need to include them in the ordinance.
Commissioner Weithorn- Stated that during high impact weekends, Segways and all motorized forms
of transportation should not be allowed on streets that turn into pedestrian ways. lnquired if this
ordinance has a loophole in regards to streets turned into pedestrian ways.
Deborah Turner- Stated that there is no loophole that was adopted into the ordinance as well.
CommissionerWeithorn- Stated that during Memorial DayWeekend there were motorized bicycles.
The City needs to do a better job at informing others that those are unlawful.
Henry Stolar- (resident) spoke.
Deborah Turner-Stated that trikes are already covered by state law. Stated that the City is given
certain authority, what the City is regulating is what the City is specifically allowed to regulate, for
example, Segways, trikes are already regulated by state law.
Henry Stolar- (resident) spoke.90
Morris Sunshine (resident) - spoke.
Commissioner Weithorn-. Stated that the Committee will not make any motion till after they hear from
Morris Sunshine.
Commissioner Weithorn- lnquired how people feel about the first recommendation. Stated that she is
having a difficult time making a decision regarding children riding with their parent on a Segway.
Commissioner Malakoff- Stated that she would like to hear from John Buhrmaster in regards to this
topic.
John Buhrmaster- Stated that police have looked at plenty of Segways. Though it is possible to have
a child on a Segway, to do that is unsafe, since there is nowhere to have them put their feet and the
child would be holding onto solely the parent.
Commissioner Weithorn- Stated that now she feels comfortable making a decision on the issue
because the record shows that to have more than one person ride a Segway is unsafe. lt has now
because a safety issue. Stated that in regards to the first recommendation she is only striking down
the distance requirement only because it can encourage people to catch up if they separate from the
group and this could cause some hazard.
Henry Stolar- (resident) spoke.
Deborah Turner- Stated that the state statue also says that a Segway can only be operated by one
person. The manufacture also states that only one person should be on the Segway. Commissioner
Weithorn- lnquired if it lawful for someone under the age of 16 to ride a Segway if they are wearing a
helmet.
Deborah Turner- Stated that under state law, a person under 16 is allowed to ride a Segway if they
are wearing a helmet. Stated that banning those under 16 from riding a Segway could be in conflict
with state law.
Commissioner Weithorn- Stated that she will strike down the recommendation of banning those
under 16 from riding a Segway because it is in conflict with sate law.
Henry Stolar- (resident) spoke.
Deborah Turner-Stated that state law allows those under 16 to ride a Segway as long as they are
wearing a helmet.
Commissioner Malakoff-Stated that trikes are a vehicle that has already been established; therefore
trikes are not the issue the Committee is addressing.
Henry Stolar- (resident) spoke.
Commissioner Weithorn -Stated that she is no inclined to put anything in the ordinance that deals
with age due to state law. Stated that she will not move that recommendation.
Henry Stolar- (resident) spoke.
Kathie Brooks- Stated that one of the things the Commission did was awarded a contract to an
insurance agent forthird party agreements, where by all the different entities that have insurance will
be put in a third party system and Administration will receive immediate notification if company does
not have a valid insurance. There will be continuous monitoring of the insurance.
Henry Stolar- (resident) spoke.
Kathie Brooks- Stated that Administration does check the BTR receipt on a renewal annual basis.
Commissioner Weithorn - Stated that Mr. Stolar should move on.
Henry Stolar- (resident) spoke.
Commissioner Weithorn - lnquired what Mr. Stolar feels about requiring a BTR.
Commissioner Steinberg- Does not feelthe Committee needs to go into detail about the BTR.
Commissioner Weithorn - lnquired if Administration feels that what is currently in place is adequate.
Deborah Turner- Stated that it is already in the ordinance. Legal suggested changing the verbage to
say maintain the insurance instead of just provides the insurance. ln addition, the langue should be
changed to require the companyto provide an annual certificate instead of just having it shown once.
CommissionerWeithorn - lnquired if some of the language Mr. Stolar has provided be combined with
the recommendations Legal has made and include that into the ordinance. Stated that she is not
inclined to put all of the language Mr. Stolar has provided into the ordinance. Stated that her
preference would be to have an ordinance that gives way for the Commission to change the rules
without having to revise the ordinance itself.
Henry Stolar- (resident) spoke.
Commissioner Weithorn -Stated that she understands the importance of having a certificate of
insurance, but feels that in the future that would be web-based and does not feel that having
something so specific in the ordinance would be beneficial. Due to technological advances, changes91
in the ordinance would have to be made.
Alek Boksner- Stated that putting it into the ordinance is irrelevant.
Henry Stolar- (resident) spoke.
Commissioner Weithorn- lnquired if Commissioner Tobin could weigh in due to the legal route the
topic is taking.
Commissioner Tobin- Stated that whatever the City Attorney's Office decides, he will be more than
happy to vote on it
Commissioner Steinberg- Stated that she thanks Mr. Stolar for putting so much time and effort into
this. Also, suggested that Mr. Stolar meet with the City Attorney's Office to go through this ordinance.
Commissioner Weithorn-Stated that there are two more policy issues here. The first is on page six
where it says to affix permanently the address on any device, and the last policy change would be
that a Segway cannot be rented to individuals; one must be in a group. Commissioner Weithorn
stated that she is having a hard time with this one.
Commissioner Malakoff- Stated that she does not believe this is a positive policy change, some
tourists come to the City and would like to see it on a Segway, it doesn't necessarily mean that they
are on a group tour. Stated she had a bigger objection on big groups.
Henry Stolar- (resident) spoke.
Commissioner Weithorn-Stated that she is not inclined to put that policy change into effect.
Suggested that Mr. Stolar speak to others to see how they feel in regards to prohibiting Segway
rentals to individuals, and then bring it back to be reviewed. Stated that the rest of the
recommendations should be reviewed with Administration so that they may write a revised ordinance.
Henry Stolar- (resident) spoke.
Morris Sunshine- (resident) spoke.
Ray Breslin- (resident) spoke.
Ronald Starkman- (resident) spoke.
Adam Shedroff - (resident) spoke.
MOTION: by Commissioner Weithorn to have Mr. Stolar work with Administration on a revised
ordinance with the recommendations stated and bring it back to the October
Neig hborhood/Commu n ity Affairs Committee Meeting.
Henry Stolar- (resident) spoke.
Seconded by Commissioner Malakoff.
3. Discussion Regarding A Motion Made By The Committee For Quality Education To Explore
An Additional Exit lnstalled At The Northeast Corner Of The Public Parking Lot At 42nd
Street And Royal Palm Avenue Beside North Beach Elementary School.4:57pm
Commission ltem C4L, December 13,2013
(Requested by Commissioner Tobin)
Jose Gonzalez, Transportation Director presented the item.
The City of Miami Beach Parking Lot (P63) located at 4142 Royal Palm Avenue, currently serves
many of the parents dropping off and picking up children at North Beach Elementary School.
Currently the parking lot only has one dedicated two-way driveway and two access driveways from
the adjacent alleyway. The alleyrvay is currently one-way eastbound.
The City's Committee for Quality Education expressed concerns with the current ingress and egress
operations of the parking lot and made a motion for the City to explore the installation of an additional
exit at the northeast corner of the lot. At the December 11 ,2013 City Commission Meeting, the
Committee for Quality Education's motion was referred to the Neighborhoods/Community Affairs
Committee (NCAC) for further discussion.
ln advance of the NCAC meeting, staff conducted field visits during school peak hours to observe the
existing operational issues and identify a potential solution. As a result of the field visit during school
peak hours, staff observed that parents exiting the existing driveways (southeast corner) queue within
the parking lot and conflict with drivers attempting to enter the parking lot. This situation is further
exacerbated by the current geometry of the exit driveways and the proximity to the intersection of 41
51 Street and Royal Palm Avenue. The intersection queues during the morning peak and drivers
92
exiting the parking lot and attempting to turn left are blocked. Drivers were also observed blocking the
west sidewalk. Based on these observations, it was determined that the additional exit, as requested
by the Committee for Quality Education, was the preferred interim alternative to alleviate the current
conflicts at the southeast exit of the parking lot. Other internal circulation improvements were
identified for inclusion in any future refurbishment of the parking lot. At the May 6,2014 NCAC
meeting, the Committee made a motion for the item to be discussed at Committee in 30 days with
completed design plans.
The Public Works Department design has been completed and identifies the second row of the
parking lot from North to South as the feasible location for the installation of the driveway. The
proposed location aligns with the eastbound parking alley. As a result of the proposed installation of
the additional exit at this location, a total of seven (7) parking spaces will have to be removed. Four
(4) of these parking spaces will be in the parking lot and three (3) will be parallel spaces on the west
side of Royal Palm Avenue.
To avoid the duplication of efforts, Administration reviewed future capital improvement plans for this
parking lot; however, the Capital lmprovement Project identified was deemed as a long term project,
as discussions on possible expansion of the scope are taking place.
As an immediate interim solution, the City's Public Works Department is currently coordinating the
construction of the additional exit driveway. The construction cost of the project has been estimated
at $20,000.
Commissioner Weithorn-Stated that the problem is the parking lot exit does not align with the
driveway.
Jose Gonzalez- there are operational conflicts that occur and in an effort to address this there was a
proposal for a new exit in the Northeast quadrant.
MOTION: by Commissioner Weithorn to move it to Commission with positive recommendation.
Seconded by Commissioner Tobin.
4. Discussion Regarding A Commercial Use Permit Process And Fee For The Purpose Of
Legitimizing And Managing Fitness Training And Other Outdoor Professional Services At
City Facilities, Parks And Beaches. 5:12pm
Commission ltem C4B, June 11, 2014
(Requested by the Parks and Recreation Department)
John Rebar, Parks and Recreation Director presented the item.
Within the last few years, the awareness and pursuit of healthier and more active lifestyles has
proven to become progressively popular. This popularity is widespread and evident on public spaces
of Miami Beach. The number of private fitness instructors, yoga instructors, and similarfitness related
activities has increased in numbers, many of which utilize City owned facilities, parks and beaches to
conduct their classes and boot camps.
While the intent of an active lifestyle is supported, there is a need to legitimize these private
instructors as their activities, especially if done incorrectly, could impact the safety of the participant,
persons nearby and expose the City to unnecessary liability. Many other municipalities throughout the
United States, and locally, have established a similar permit application process and fee in order to
properly legitimize the specific instruction on City owned property. By managing such activities, the
City is not only able to better monitor what instruction is going on, and where, but also provides the
ability to screen applicants for proper training, certificates, insurance and other pertinent information.
Staff briefed the Finance and Citywide Projects Committee at their August 21,2013 meeting as this
proposed process was discussed during a Department revenue item for the FY 201312Q14 City
Budget. lt was further explained that the City Code, as currently written, does not allow for any
93
commercial use of for-profit business ventures to be permitted on City property without City
authorization. The proposed permit provides for the necessary process and authorization.
The Administration is recommending creating a commercial use permit for fitness instruction/training
at City facilities, parks and beaches. This permit would not be issued for organized sports or clinics.
However, the City Manager reserves the authority to approve a waiver if he determines that such
waiver is in the best interest of the community. The proposed permit would be offered on a first come,
first served basis and would be limited to a specified number of permits per location. Permits would
be issued on an annual basis, based on fiscal year (October 1 through September 30). The City
would offer a pro-rated 6 month permit fee for any permits issued between April 1 and September 30
of the fiscal year. ln addition, Staff is also recommending a one{ime use permit at the sole discretion
of the City.
Applicants would be limited to the use of two (2) City approved facilities/locations per year and would
be required to pay a non-refundable application fee of $45.00. Any area that is specifically dedicated
to a use that would reasonably conflict with any approved use shall be excluded. For example,
holding fitness classes in an area dedicated as a children's play area or basketball court will not be
permitted. Permit renewals will be based on past performance.
Commissioner Weithorn -Stated that right now it is not legal to do it. lt is a good policy because
some of the groups are large. However, this excludes two individuals that want to exercise together;
this is intended for large organized groups.
John Rebar- Stated that yes, this is for large organized exercises classes that are being held on the
City's beaches and parks.
CommissionerWeithorn- This is not forfree activities, this is foractivities that have a charge. lnquired
that if this is something that is implemented does the City carry any liability.
Raul Aguilar - Stated that since we do not regulate this right now, then the liability that we have now
is the same liability the City would have with any public person. Also, the City is protected by
sovereign immunity. lf the City does decide to regulate this via a permit or other type of license then
we would require them to show some type of insurance. if we don't do this right now then the liability
we have is the same as to any public person if we decided to regulate it through a permit we would
require them to provide insurance. But right now since its just going on it's the same liabilitywe would
have as anyone that injurs themselves on our property
Commissioner Weithorn -Stated that because they have to provide insurance is reason enough to go
through with this change. Stated that she has participated in informal groups that exercise outside
with no change. lnquired if this type of group would be exempt.
John Rebar- Stated that this would be something that would have to viewed on a case by case basis.
Raul Aguilar - Stated that there has been this issue before in regards to the private gyms on or
adjacent to the beach. These private gyms would have organized classes on the beach. The
members would be paying the gym membership, and this was a private use of the City's beach.
Commissioner Steinberg- lnquired how Mr. Rebar came up with the number of permits per park.
John Rebar- Stated that it is based on what Administration thinks it can manage.
Commissioner Steinberg-lnquired if Administration just gave a figure to all the parks, not necessarily
taking into account whether or not it is used for private classes.
John Rebar- Stated that yes, it is just a staff recommendation.
Commissioner Weithorn- Stated that she feels strongly that small groups should be exempt, even if
they are being paid. Believes that groups over five participants should be required to pay the fee.
John Rebar- Stated that when viewing each of the groups, context would be used in order to decide
whether or not they would need to pay the fee.
Commissioner Tobin- Stated that he would like all the fees waived for North Shore parks in order to
encourage activation in North Beach. Would like to encourage activation in North Shore Open Space
Park.
MOTION: by Commissioner Weithorn to bring back the item with additional information and the
recommendations made during this NCAC meeting.
Seconded by Commissioner Steinberg.
94
5. Discussion Regarding The Current Flamingo Park Master Plan. 4:33pm
Commission ltem C4M, June 11, 2014
(Requested by the Parks and Recreation Department)
John Rebar, Parks and Recreation Director presented the item.
Pursuant to Request for Qualifications (RFO) No. 15-06/07, Resolution No. 2007-26609 was adopted
on September 05, 2007 approving the execution of an Agreement with Wolfberg Alvarez and
Partners for Professional Architecture and Engineering Services for the Flamingo Park Project.
Wolfberg Alvarez and Partners (WA)was retained to prepare a Master Plan for the Flamingo Park
facility on March 27, 2008. On August 6, 2008, the Consultant conducted a community design
charrette, wherein five various design options for the Flamingo Park Master Plan was presented.
lnput from the community was obtained and the Consultant developed two (2) additional Master Plan
options, and subsequently presented several options during the November 6, 2008 Community
Design Workshop (COW). The City Commission approved "Option L" of the Master Plan at its
September 09, 2009 Commission meeting and the Basis of Design Report (BOOR) was issued
November 2009. The Flamingo Park Master Plan was approved at the Historic Preservation Board
meeting of November7,2010. The elements included in the Master Plan were designed based on
the community feedback that was provided back in 2008.
The design and construction of a new tennis center was completed in June 2012. A new state-of{he-
art football field/track was completed in September 2013.1n December 2013, the City Commission
adopted Resolution No.2014-28449 amending the professional services agreement with Wolfberg
Alvarez to provide professional services that include planning, design, permitting, bid/award,
construction administration and project closeout, including a phasing plan for the construction and
restoration of all amenities to facilitate continued park use by its patrons.
The Administration believes that there is an opportunity to revisit the Flamingo Park Master Plan in
order to ensure that the design elements are consistent with the current needs and desires of the
community. For example when the Master Plan was designed, the soccer and softball fields were in
good condition and therefore, the Master Plan did not contemplate any renovations to the fields.
However, five years have passed and there now is a need to renovate these fields. The approved
Master Plan also provides for the restoration/rebuild of twelve handball courts. Based on the use of
the existing handball courts, the proposed number of courts may be excessive. Reducing the amount
of handball courts could provide opportunity to add other elements into the Plan, including
reconsideration of a skate park that was initially proposed as part of the Master Plan but was
subsequently removed pursuant to the recommendation of the Land Use and Development
Committee at their November 22, 2010 meeting. ln addition, the City has been charged with
proactively addressing stormwater flooding issues. Should there be a desire to revisit the Master
Plan, there is a potential opportunity to include underground stormwater storage within the Park.
Wolfberg Alvarez will be providing a presentation on the Flamingo Park Master Plan at the July 25,
2014 Neighborhood/Community Affairs Committee (NCAC) meeting. The Administration seeks
direction from the NCAC on whether or not the Flamingo Park Master Plan should continue as
planned or should be revisited in order to incorporate elements into the plan that satisfy the current
needs of the community.
Aris Garcia, representative for Wolfberg Alvarez Partners presented.
Commissioner Tobin- lnquired who is looking at the finished renovations of the restrooms. lnquired if
this is something we do in-house
David Martinez- Stated that yes it is.
Commissioner Tobin- Stated to have someone that Mr. Martinez has confidence in look at the
finished work.
Commissioner Tobin- lnquired who picks out the finishes, tiles, baseboard, fixtures, etc.
David Martinez- Stated that what is normally done is the architect makes recommendations based on
taste.
Aris Garcia, representative for Wolfberg Alvarez Partners spoke.
Commissioner Tobin-lnquired what is needed from this Committee.
John Rebar- Stated that the objective was to remind the members of the Commission whatthe plans95
are for Flamingo Park. To also see where Administration is today; the teen center on 2'1't Street will
no longer be there and there needs to be a new home for the teens. The skate park is still an issue;
however, through Land Use it was removed from the plans. The main objective is to move fonryard
with construction documents with solidified plans, in order not to have changes once everything has
been submitted.
Jack Johnson- (resident) spoke.
Adam Shedroff- (resident) spoke.
Wanda Miusan- (resident) spoke.
Jack Johnson- (resident) spoke
Commissioner Weithorn- Stated that teens would like a place to hang out with their friends, the Boys
and Girls Club is not that type of atmosphere or the right age group for teens.
John Rebar- Stated that this is correct.
Commissioner Weithorn - lnquired if the PAL is a potential location for the teens.
John Rebar- Stated that there is currently an elementary school program being run at the PAL.
Commissioner Weithorn- lnquired if there is any way of rethinking that so the PAL can take a more
active role. Stated that there needs to be a teen center in South Beach. lt is a real priority to find a
place in South Beach for the teen center.
Commissioner Malakoff-lnquired if the architect will be planting more trees.
Aris Garcia, representative for Wolfberg Alvarez Partners spoke.
Commissioner Malakoff- lnquired if the new Boys and Girls Club is already under construction.
John Rebar- Stated that yes it is; however, he does not know up tillwhat stage they are completed.
Stated that he is trying to engage in a conversation with the director of the Boys and Girls Club to see
if there is an opportunity to partner. This is a conversation that has to happen in order to share
facilities
Commissioner Malakoff- lnquired if there is a possibility of building a teen center near Beach High.
Stated that the area of the Par 3 Miami Beach Golf Course would be an ideal location for the new
teen center. lt would take a 7-0 vote from the City Commission to use that land. lt is far from single
family homes, its close enough to the school but far enough to not be a disruption. Also, stated that
she does not feel the City will ever have a skate park.
Ray Breslin- (resident) spoke.
MOTION: by Commissioner Weithorn to continue with the original plan for Flamingo Park. lf the City
does not need the additional handball courts than she does not feel the money should be spent.
John Rebar-There are currently tallies being done on the usage of the handball equipment to see
how many would actually be needed.
Commissioner Weithorn- Stated that continually readdressing plans delays the project and would like
to keep future plans without revisions unless it is a pressing emergency.
Seconded by Commissioner Steinberg.
Commissioner Tobin- Stated that there just is plenty of shade, nice bathrooms and cold drinking
fountains.
Elizabeth Birla- (resident) spoke.
6. Discussion Regarding South Pointe Park- Washington Avenue Water Feature
Remediation. 3:04pm
Commission ltem C4F July 23, 2014
(Req uested by Commissioner Malakoff)
David Martinez, Capital lmprovements Director presented the item.
The South Pointe Park Washington Avenue Water Feature was completed on May 18, 2009.
Following the completion of the Water Feature, the Florida Department of Health (DOH) issued a
Stop WorUUse 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. 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
96
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 originaldesign aesthetic and provide the same amenityfor
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 and are attached.
These are briefly described below:
OPTION 1 : This option re-purposes and utilizes much of the existing water feature as possible and
maintains the overall intent of the plaza, but modifies it to address the major concerns. The water
cannons have been re-purposed as misting stations for cooling-off and the at-grade fountains have
been converted to elevated water components. All of the existing mechanical systems will be re-used
and the fountains will remain in the existing locations. The brick pavers have been replaced with
concrete that contains sea shells as aggregate in order to incorporate materials which are already in
use throughout the Park. Landscaped areas have been and enhanced. The cost of Option 1 is
estimated at 91,235,443 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 throughoutthe park. The cost of Option 2 is estimated at $1,503,844. The construction
duration will not exceed 6 months.
EDSA has finalized the conceptualdesign of two (2)options and is prepared to make a presentation
to the Neighborhoods/Community Affairs Committee for the selection of the option that will be
recommended to the City Commission for the replacement of the existing, inoperable waterfeature at
the Washington Avenue entrance to South Pointe Park. City Administration is requesting a
recommendation by the Neighborhoods/Community Affairs Committee, of one of the two options
presented for approval. The option recommended will be presented to the City Commission for
approval.
Representatives of EDSA Eric Probes and Betsy Suitor presented.
Commissioner Malakoff- stated that the South Pointe Park sign on Option 2 is attractive and inquired
if it was possible to incorporate that sign into Option 1.
Betsy Suitor- (representative of EDSA) spoke.
Eric Probes- (representative of EDSA spoke.
Ronald Starkman- (resident) spoke.
David Martinez- Started that the scope of this project was the water feature and that he does not
disagree with Mr. Starkman. However to do something in those two islands that isn't coordinated with
this project would not be a good idea. A possibility would be to do something separate. There may be
some funding from the South Pointe fund to pay for a separate prolect.
Ronald Starkman - (resident) spoke.
Kathie Brooks, Assistant City Manager- Stated that there are28 million dollars that is uncommitted.
Stated that based on what the recommendation was from the Finance Committee and if the MOI with
the County is implemented there is about 14 million left in the South Pointe Park fund.
Ronald Starkman - (resident) spoke.
Betsy Suitor, representative of EDSA-spoke.
Ronald Starkman - (resident) spoke.
Commissioner Tobin-Stated that he prefers to go with the option that is more reasonably priced.
Agreed with Commissioner Malakoff that the Option 2 sign is much nicer.
Commissioner Malakoff- Stated that she prefers Option 1.
Commissioner Weithorn- Stated that she also prefers Option 1, it is less expensive and it helps to
separate the pedestrian walkway from the non-pedestrian area.97
MOTION: by Commissioner Weithorn to move option 1 with positive recommendation to the City
Commission.
Seconded by Commissioner Steinberg.
David Martinez- lnquired if this can be something presented next week, or just attach the drawings to
the memo.
Commissioner Weithorn- Stated that the representatives from EDSA should take the first option and
email it to Mr. Starkman so that the South of Fifth Neighborhood Association knows what the City is
doing in that area
Commissioner Malakoff-lnquired if all the Commissioners could have the drawings before the
Commission meeting in order to have a more efficient meeting.
Commissioner Steinberg- Agreed that the drawings of the options before the meeting in order to look
at them beforehand.
7. Discussion Regarding The Greation Of A Holistic Plan For Collins Park 4:58pm
Commission ltem C4M June 11,2014
(Requested by Commi ssioner Weithorn)
John Rebar, Parks and Recreation Director presented the item.
Commissioner Weithorn- Stated that what she is proposing is to have a conversation on this issue
and have the Bass Museum, the hotel owners, and speak of this holistically so everyone has an
opportunity to have some input.
Commissioner Steinberg- Believes this is a great idea.
MOTION: by Commissioner Weithorn to have a conversation with the Bass Museum, business,
owners, hotel owners, and all interested parties in order to have a holistic conversation about future
plans for Collins Park.
Seconded by Commissioner Steinberg.
Ray Bresline (resident) - spoke.
Commissioner Weithorn- Stated that Administration can do the first half of this without money, and
then Administration can always come back and ask for a budget amendment for additional dollars.
lnquired if this project would constitute as a quality of life amendment, thus be available for quality of
life dollars.
Kathie Brooks- Stated that yes, the quality of life dollars could be used; however, there may be some
challenges using it. Stated that this is something she would have to double check on.
8. Discussion Regarding Automated External Defibrillators (AED) ln Public Places. 5:02pm
Commission ltem C4M, July 23, 2014
(Requested by Commissioner Weithorn)
Virgil Fernandez, Fire Chief and Chief Frank Betancourt presented the item.
An automated external defibrillator (AED) is a lightweight, portable device that delivers an electric
shock through the chest to the heart. The shock can stop an irregular rhythm and allow a normal
rhythm to resume in a heart in sudden cardiac arrest. Sudden cardiac arrest is an abrupt loss of heart
function. lf it's not treated within minutes, it quickly leads to death. Sudden cardiac arrest is the
leading cause of death in the United States. Over 350,000 people will suffer from sudden cardiac
arrest this year. lt can happen to anyone, anytime, anyruhere and at any age. An AED is the only
effective treatment for restoring a regular heart rhythm during sudden cardiac arrest even if
cardiopulmonary resuscitation (CPR) is performed. An AED is an easy to operate tool even for
someone without medical education and/or training. The American Heart Association supports
placing AEDs in targeted public areas in an easily seen and accessible location. For cardiac
incidents, the average response time for Miami Beach Fire Department personnel once a call is
dispatched is approximately 5 minutes. For each minute defibrillation is delayed, the chance of
survival is reduced approximately 10%. By having AEDs in public places, bystanders are able to
respond and treat individuals who are experiencing sudden cardiac arrest.
98
Local governments have authorization to adopt ordinances to require, license, permit and inspect
AEDs. The City's existing Code for regulating the health, safety, and general welfare does not
recognize that there are devices that may be desirable to provide emergency medical treatment to
City residents at certain public establishments; and, the City has received requests to require AEDs
at certain buildings in the interest of public safety to provide emergency services for City residents
that may need assistance for cardiac arrest.
Any person or entity who, in good faith and without compensation, uses an AED to provide
emergency care or treatment shall be immune from civil liability for any personal injury resulting from
the care or treatment, or resulting from any act or failure to act in providing or arranging further
medical treatment, if the person acts as an ordinary, reasonably prudent person would have acted
under the same or similar circumstances.
AEDs give a shock only for ventricular fibrillation or another life-threatening condition called pulseless
ventricular tachycardia and will not shock for any individuals who do not need the defibrillation.
Federal Grant money is available through the Community Access to Emergency Devices Act
(Community AED Act). The grants, to be made available to applying states and localities, would be
used for the purchase and placement of AEDs in public places where cardiac arrests are likely to
occur. Grant funds would also be used to train first responders to administer immediate life-saving
care, including AED use and cardiopulmonary resuscitation (CPR). The bill also encourages private
companies to purchase AEDs and to train employees in CPR and emergency defibrillation.
ln the interest of public safety and the health and generalwelfare of the public, and in response to
public requests, the Administration recommends requiring certain public places to make AEDs easily
and readily accessible to the public.
The Administration recommends supporting the creation of an ordinance to that effect forfirst reading
at the September Commission meeting.
Commissioner Steinberg- lnquired if there was once an ordinance passed to have these AEDs in all
of our public spaces.
Commissioner Weithorn- Stated that when this was first done it was during tough economic times;
therefore, the City took a very small approach. Now that the economy has improved this issue should
be looked at once again.
Commissioner Tobin- Stated that he knows several progressive police departments have AEDs in
their police cars.
Virgil Fernandez - Stated that Police Chief Oates intents to have AEDs in all police cars.
Commissioner Weithorn -Stated that what was established is public places of assembly are
described in the Florida code. lt is defined as, any buildings in excess of 20,000 square feet,
gymnasiums, fitness centers and recreational centers in excess of 15,000 square feet, restaurants
are included but would like to have restaurants, bars, and clubs included because bars and clubs
need them as well, commercial and retail space in excess of 3,500 square feet, and all hotels and
motels; however, there should be over a certain number of room, some of the smaller places don't
need them. Stated that the cost is significantly lower than anticipated, it is between 1,200 to 1 ,500
dollars perAED. Stated that some small motels with 8 or 12 rooms should be exempted from having
to have AEDs.
Commissioner Steinberg- Stated that she believes it is a great idea.
Commissioner Weithorn- Stated that the issue with hotels and motels can be revisited to decided
what is minimum number of rooms a hotel or motel must have to be required to have an AED. Maybe
the BTRs can be examined to make that decision.
Virgil Fernandez- Stated that it is difficult to say that people that stay at small hotels don't have heart
attacks, what can be done is start with the bigger hotels and as the program continues to grow, it can
be implemented to the smaller locations. As the technology advances it can only get more affordable.
Ray Breslin (resident) - spoke
Commissioner Weithorn - Stated that it is a great point there is some buying power in implementing
a program as described.
Virgil Fernandez- Stated that a few years ago the State tried to implement this by having it required in99
the fire marshal's code; however, it died in Tallahassee. There are things that can be done that may
cost a little more, but it's worth it in regards to battery life.
MOTION: by Commissioner Weithorn to move the item to City Commission with positive
recommendation.
Seconded by Commissioner Steinberg.
Commissioner Steinberg- Stated that when this is brought fonrvard could Administration bring back
everything that was brought up in this meeting in regards to having them in police cars and starting
with larger hotel, etc.
Other Business:
Commissioner Weithorn- Stated that she would like to clean the pending list. Stated that the first four
items have not been heard in over six months, therefore should be removed.
Commissioner Weithorn- For the purpose of bringing back the vegetable garden item, let's say that it
has been discussed and ask Administration to bring it back.
Commissioner Tobin- Would like to see the nude establishment ordinance brought back to the next
NCAC meeting.
Commissioner Weithorn- Stated that the Commissioner Grieco's item regarding banning
bicycles on sidewalks has also died due to the previous discussion that it would be unsafe
for children riding their bicycles.
MOTION: by Commissioner Tobin to adjourn the meeting at 5:23pm.
Seconded by Commissioner Steinberg.
100
J
=I!
I-
a.J
J
o
s_)IJ('
G'4s
^Y)
..t
\r
a
t\r-
-->
).<
\i
')(
\5
t-
CI
\
)
RH
I
a'$
sa
.0
*\
s-l
=9
)
-]
B
3l.!
i
S
6)
-.\
.s
J*
FP
{2
'i
J
x
-iJ's
Sj
q
^si
:<,o
6)+
,Js
d-)--t-
t
{q
J.
s
-i!
*-
\st
a\++s
qt--+-\
):\x,\y
.Ju
J.
.+
&
Es
R
.\1,I-\<
s
\rr
,P
3{l^
,t\\t\!
-{
t
$
N-{(
\
s
\.\(
\s\
\r
.h.i
tf\
l
\
\
s
(
s
d
.\\'-L
(\
n
s
],
$
-l\
sI{1\sv\-:$x,
l\t>
Al3-!-
c;z
IJJzo
!
o-
Nf$
\R
\
(-.--
\J
h3
t?
v
rY-\5,^(\-J$-
\.-r-J
N(.
5 uto
-!i
c
".1'J
*
l\ !
\Jr\
\
x
I<)
t>,I.\J
o\r)
$oNx
v3
r
ki
\
x
t\
D
s
I
B
F1N
r-.
Doc{)x
Fo-
UJ
ezoF
Nz
oto
\
'tJ
\s\\
\
IU
d
(:
-\,
Fo\a
l'-e\.1
.-:t_
2
!
\j_
(.}
''4
4.
C
h'"4
\
N
\i\l
+Is
=vo
Mbt-ot(J
o
P
'J
l
.nt
\)
0,u
Fl.t
I
&
)
\
\u
N\i \tIt ,'.\
N
s
F(t\
.S
G
{a
U
,t$
4
0
U
$d
.k\\$r'
^\)t-t
\<i+.
t.\
:$
qdS{-i+.\\\; .\-5\
\:QN
u
17
(-
q
!(J
c_
<:
o.;.
c-
5
c.
IU
=z
t\
\J\
Vn-t\i
Vr\J\t-\\
\
\
N
::
\.\)
i{
\-
s-\
V\.\
N
-<l$
\!
1)
d
I(j
:
s
)
*d
.<
ltJ
(\
N
s)n
t'
s
=fl:
L\s
d
'Jhtr4)
-J
.i
0t
'19
I
*
L
_s
nN
s
&
atal
-N
qI
+,t
s.\
\u
.)\_.:
\-
.t4
J
'9.iJ
dF\s
)a,td\\<u
di\
\
rd
N
a\t
E
s
\s
+
,\
\
t
et
sJ+
6
Sala\\r
V
g
-a
tr
?j
oV
\
a
-&
l-
(
tj
IIJluF
E
==ooot
lJ.lI.Fl(s Hl
ER #I
=R zl
=.> =l=r ;hlat'=l6u)l
ooott,om
Io
IJJz
il
SIol
5tl-l
=l
RI
UIttl
ill-llql
IUn
LU
CN
=z--_
=
€)
101
J
=IIJ
C
:
.-,
P
:,,q'
u\r.)3
o'A
cjz
lrJzoI
o-
I
vr:
\r
t---
,;
,5
haY('
*I.-s
tr
Fo-
UJ
ezo
F
Nz
(,to
,r
.:
q
---
a.
.{
s-
(_
a
-fr"{
"J----rc
q=
Ctc
)
IIJ
=z
S\_--Y
S
a\d
(
d
\$
vq
.J
t:
lr-
U
VJ
IJJ
UJF
E
=
=oo
U'tr
lrrJ- Fl(3 Hl
ER UI
=$ zl
= ->, =l=r nl6'=l(5 ot
Eoo
Itoo
Io
IIJz
itol\lollul
nl
=l\lqt[t
rulql
trl
-Jla.l
:fU
lrls
=\
€l
102
{
16(.
v
is\v
[l
?
'$
\
\.)
:
.Jt'n'
r{
r)\J
(:
()
\
.i:,(
-)
Fo-
uJo
zoF
N
o
(-
11 3
lr_
e
.r-)
L-.,
"l
\
3
--
r\J
\{
d
IJJ
ltJF
E
==ooot
lrrt Fl(s Hl
ER -,rl
=R zl
=}. =l=r ;frlg' 61
ooo
ItrooE
9
UJzIU
t! I
CO
-a;
=..:'
gr
103
g MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members [f the City
Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: REPORT OF THE AUGUST 20,2014 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on August 20,2014. Land Use
Committee Members in attendance were Commissioners Joy Malakoff, Jonah Wolfson and
Michael Grieco. Members from the Administration, including, Joe Jimenez, Thomas Mooney,
Raul Aguila and Gary Held, as well as members of public, were also in attendance. Please
see the attached sign-in sheet.
The meeting was called to order at 3:15 PM.
1. DISCUSSION ON HOW TO MITIGATE THE IMPACT OF THE LOADING ZONE
ORDINANCE ON AVAILABLE WASHINGTON AVENUE PARKING
(REQUESTED BY COMMTSSTONER JOy MALAKOFF
JULY 30. 2014 CITY COMMISSION MEETING, ITEM C4B)
(VERBAL REPORT)
AFTER.ACTION:
Saul Frances, Parking Director, provided an overview, including a summary of the process
and meetings.
Saul Gross addressed the Committee.
MOTION: MG / JM (2-0)
Enforcement of loading requirements to begin on October 1, 2014 and parking enforcement
to begin when the Off-Street Parking Department is ready.
2. SEA LEVEL RISE AND BUILDING HEIGHTS.
(REQUESTED BY THE C!ry COMMTSSTON
JUNE 11. 2014 CITY COMMISSION MEETING, ITEM C4E)
AFTER-ACTION:
Joe Jimenez identified the relevant issues regarding height and flood elevation.
Comm. Wolfson suggested that seawall heights will need to be raised to address future
flooding.
Eric Carpenter, Director of Public Works, addressed the Committee.
Members of the public spoke on the issue.
Agenda ltem
Date
TO:
FROM:
co6
?40-ry104
City Commission Memorandu m
Report of Land Use & Development Committee Meeting of August 20, 2014
Page 2 of 3
MOTION: JM / JW (2-0)
Recommend that the City Commission refer an Ordinance to the Planning Board that would
add Miami Beach 'Freeboard' to the measurement of Building Heights for single family
homes.
3. DISCUSSION ON PROPOSED AMENDMENTS TO THE SINGLE FAMILY HOME
ORD!NANCE
(REQUESTED BY COMMTSSTONER JOy MALAKOFF
JULY 23.2014 C|TY COMMTSSTON MEETING, ITEM C4H)
AFTER-ACTION:
Thomas Mooney, Planning Director, provided an overview of the item.
Joe Jimenez, Assistant City Manager, discussed the administrative requirements for
expanding the review of homes from 1942to 1966.
Members of the public addressed the Committee.
MOTION: MG / JW (3-0)
1. Refer the Administration recommendation, as amended, to the Planning Board with a
favorable recommendation.
2. Recommend that the City Commission withdraw the following referrals to the
Planning Board:
a. To Amend the regulations to only allow roof decks on homes with direct access
to the open bay and on single story homes.
b. Extending the year of required DRB review for the replacement of Architecturally
Significant homes trom1942 to 1966.
3. Recommend to the City Commission that the demolition of any single family home
include posting as part of the comprehensive demolition procedures pending before
the Planning Board.
4. WASHINGTON AVENUE SCOPE OF SERVICES.
(RETURNTNG FROM THE JUg,.!!4 LUDC MEETTNG)
AFTER.AGTION:
Saul Gross provided an overview of the separate phases of the Washington Avenue scope
of work, which will include a massing study as part of phase 1, and a more detailed block
and vision analysis as part of phase 2.
MOTION: JW / JM (2-0)
Negotiations for the massing study may proceed and be considered by the City Commission
on September 10, 2014.
5. SIDEWALK CAFE SOLICITATION.
(RETURNTNG FROM THE JULY 9. 2014 LUDC MEETTNG)
AFTER.ACTION:
Joe Jimenez provided an overview of the item.
Rob Rosenwald of the City Attorney's Office provided details.
Commission Wolfson raised a question regarding First Amendment issues.
Commission Malakoff indicated that she would like to see the proposal move forward ASAP.
105
City Commission Memorandum
Report of Land Use & Development Committee Meeting of August 20, 2014
Page 3 of 3
MOTION: MG / JM (3-0)
Move the item to the City Commission for First Reading with a recommendation of approval.
The Meeting Adjourned at 5:35 PM
Attachrnent.'{JtJll[&r]rfilrRM
t:\agenda\2014\septembeAreport of the ludc meeting of august 20 2}14.docx
106
r
zo
Cam
zou€HE g>se =,5 tr6. i.= Yq, @Y:
H HpEe eH:o o FxO =
FL,,
-tJ>=
u, -{-{mm
mm
-lzo
No (o @ \,1
J
P sr'5 s,
N
$\
\i\
5\
Rn-
N
C-i
e)c
!f
.}
c/I
i
\-\\
l.
$
1
r
:
I
ts-
>.
f:>.
\J
r>.AfL/
!o
\\i
\\-V
\.
irl
r.J
N
s
9o
rqt
o
G
C
lt
rt,
lr
(,
:.1
r\
$.
Nl'.\
>
s
Ncst.
P
4-:'-->
<lI -.,ra>vC
PIt'{\
sn
a.
e-.(r
)
=a\>\\
t-\
A,
(J
I
ft\F.
F.
7-
xt
fag\h
e-
F
(
()
s,
n\
-1
:_
_(l,
C.
rsr
?*
lu
;r
:>
'2
s-
LN)<
\tla!lt
:'
"*
(\(-)(-6).=>
J--
\
z
=m
$
\
,\s
(,,\
tss
\
)-r
uI
J
)-
0q\
\
J\,
J7
;
$
s-
$
s
$
$
fd
)s'vtt
tI
dq2\-.,
,l
/i\
aj
bj
\
{
*-J
S
R.,vt
\
\ns
WJ.\
v\\.{'
s
WJ
\^
r,J
{-s
'-4ult\c
rl(-\
c-\
w
"-)\auJ
NH
$
\)
\fi
h
-))
P
"&
\)'i
$r]I
i
(r)
q,
)a\\,'s)-\c\
\-l.J
-f')
c--..
it
r'.\
\
ooz{
o{
zc
=Ema
F \
\-l
\')^U\
I t
=
o
I
Fd
H*
Tf,9<;i>+
Fffi
o
mz
tr,
o (o o (o (o (o (o
N
*
N,
(
(o
\
\
\
N
(o
I
o
I
o
F
\l
S'\
(o
\\r
Sf
5
N.
\
(o
ho
F
C
ro
R
^sr'
(o
3$)*
+
o
Y
N)\f,
.5\t:(s
t
,^tg
3
E
r\
il
(o
f
h'3
es
-L
3
IDL
ts
fi
-f7ro
(o
5-'s:
S-
N
t-
\
.\
\\\
t"
(o
\.\\
\.nc\
t
(o
(
IIL
l-J
(o
S)
J
J
::\
.\{'J
1II
I3
l-
oovm
@
U,
=@o
=@ooCl,o
-{m(/,
t-0,
o.
C<,o
0)
o.
oo
odE3of
oo3
3
oo
Nos
@(E'
=@
oo
N)
5
ir.
oX
107
# MTAArIIBTACH
€ity of Miomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
MEMORANDUM
Mayor Philip Levine and Members pf the City C
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT:REPORT OF THE FINANCE AN CITYWIDE PROJECTS COMMITTEE
MEETING ON JULY 30,2014
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 Collins
Development
ACT!ON
A. The Committee recommended that 8701 Collins Development work with staff
to further develop a term sheet for the 87th Terrace Vacation that is agreeable
to be brought back to the September 10, 2014 Commission Meeting.
B. The Committee recommended staff move forward on negotiating a term sheet
with 8701 Collins Development for the Developer's purchase of the City
surface parking lot tocated at 226-87th Terrace, Miami Beach, F!., so that it can
be brought back to the September 10,2014 Gommission Meeting.
2. Discussion on increasing the Living Wage Rate in Accordance with the
options pursuant to the Ordinance 2010-3682
ACTION
The Committee recommended that the living wage rate paid to the employees of
City Contractors, be increased with the Cola set for unclassified employees for
FY14-15 of 3% which equates to an hourly rate with and without benefits of
11.62113.31 with an estimated Financial lmpact lor 2014-15 of $256,750.
108
NEW BUSINESS
3. Discussion on the Proposed Terminal Island Residential Project
AGTION
The Commiftee recommended that the term sheet be further reviewed in the areas
of the appraisal, incorporate additional term of (i) unanimous consent in event of
change of use of property from industrial to other; no assignment of project to
another developer prior to Certificate of Use of project; parking needs; cost of City
facilities portion of project and new specifications of the building; no special
events. The item is moved to the September 10, 2014 Commission Meeting
Commission with no recommendation.
4. Discussion regarding the vacation of St. Patrick's campus (portion of North
Meridian Avenue between Barry and 39th Street)
ACTION
The Gommittee recommended that the City Commission approve the
vacation of the property and to have St. Patrick's work with staff to make
sure that there is no issue with City access to any Gity easement on
property to be vacated.
109
# IIA$AfiAIBEACH
Mayor Philip Levine and Members of the CityTO: Mayor Philip Levine and Member
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
MEMORANDUM
SUBJECT: REPORT OF THE FINANCE AND TCITYWIDE PROJECTS COMMITTEE
MEETING ON AUGUST 13,2014
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding The Greater Miami Convention and Visitors Bureau
lnterlocal Agreement
ACTION
The Committee recommended moving forward on a month to month extension
under the current contracted terms not to exceed one (1) year. The intent is for
staff to re-negotiate an incentive base plan that establishes a base fee and an
incentive fee to be paid based on the overall achievement of annual performance
goals. Budget is to also add a line item for an owner's representative that is not to
exceed $161,000 at the City Manager's discretion. Staff is to bring back the item
to Committee once negotiations are completed.
2. Discuss: The Purchase Of Flood lnsurance, All-Risk Property lnsurance,
lncluding Windstorm, Boiler & Machinery lnsurance For City Buildings And
Contents (lncluding New Construction); And Fine Arts lnsurance (Bass
Museum), As Proposed By Arthur J. Gallagher Risk Management Services,
lnc., The Gity's Broker Of Record
ACTION
The Committee recommended that Staff maintain the $330,000 enhancement for
increased windstorm coverage, but amend the description to offset the existing
deficit instead of covering additional windstorm insurance premium. The funds
could potentially be used during Fiscal Year 2015 to purchase additional
insurance prior to next year's hurricane season, depending on feedback from the
State.
C/mmission -w
Agenda ltem 10 O
Date ?-/O-4110
3. Discussion regarding the Use of the Byron Carlyle Theater
ACTION
The Committee did not recommend moving fonlrrard at this time.
NEW BUSINESS
4. Employee Wellness Program
ACTION
The Committee recommended allocating $53,000 to a wellness program for staff to
work with Gallagher on issuing a RFP. This would be a component of the benefits
of employment with the Gity of Miami Beach anticipating eventual savings to the
health plan and the benefits of a healthier work force outweighing the cost.
s. Status Update on FY 2014115 General Fund Operating Budget Potential
Efficiencies, Reductions, Enhancements, Revenue Enhancements
ACTION
The Committee recommended that staff review the expenditures of the World Out
Games as a caveat to differing the repayment of the $50,000 in matched funds
previously provided to fiscal year 201512016.
Delete funding for Cultural Communication in the Workplace
workshop
Park Ranger Program: Fully Loaded Cost of an entry level police
Parks & Recreation officer vs. proposed park ranser
Senior Enhancement Transportation Service (SETS): Revise to
Parks & Recreation 530,000 from 535,000
Assistant Director Position: Replace with the Streets and
Lighting Superintendent position from the Non-Recommended
Public Works list.
91"1 Records Custodian: ldentify any anticipated revenue that
Emergency Management will offset the $70,000 price tag.
lncreased Windstorm Coverage: Maintain the $330,000
allocation but amend the description to read offset existing
deficit instead of covering insurance premium; decision whether
to purchase insurance can be made prior to next year's
Risk Management hurricane season
111
Cleanliness: More detail supporting the request of 5600,000
including what is current fund
Loading Zones: More detail supporting the request for
Parking S3SS,0OOO; is the amount correct?
Delete Additional Windstorm Coverage; not necessary if Risk-
Parking Windstorm lnsurance enhancement not approved
Additional detail related to the composition of the
Transportation Transportation Dept.
Buildi Establish an unsafe structure panel 550,000
lncrease audit coverage by adding lnternal Auditor PositionoBPt s60,000
A program for at-risk teens delivering produce to shut-ins in
unction with community services S10
Miscellaneous lB Program at Nautilus Middle School 590,000
Quantify millage rate decrease of $485,000; identify reductions
totaling S485,000 or consider supplementing 5485,000 from
Resort TaxMillaee Rate Decrease
ldentify recommended enhancements that may be eligible for
Additional Savings Resort Tax Fundi
112
THIS PAGE INTENTIONALLY LEFT BLANK
113
City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: September 10,2014 j
i
SUBIECT: REPORTS FROM THE JULY $, 2014 FLOODING MITIGATION COMMITTEE
MEETINGS
Attached are the draft minutes of the Flooding Mitigation Committee meetings of July 9,2014
Pursuant to Section 2-13 of the Miami Beach City Code, the City Commission is hereby
requested to review and approve the drafts. The draft minutes are subject to correction,
amendment and approval by the City Commission, with any corrections or amendments to be
reflected in those minutes.
Approval of the minutes does not constitute the Clty Commission's substantive approval of
actions taken by the Flooding Mitigation Committee, but shall serve only to allow the minutes to
assume their essential status as the official record of the proceedings of the Flooding Mitigation
Committee. However, those portions of minutes addressing a Flooding Mitigation Committee's
request for City Administration action, shall only be effectuated when a corresponding item for
such requested City Administration action is placed on a City Commission agenda, and
approved pursuant to resolution or motion passed by a majority vote of the members present.
M]AMI BEACH
'g@ror,r*t
T:\AGENDA\201 4\September\Flooding Mitigation Committee Report.docx
Aqenda t:.trJm co E
Date ?-t/ttt114
,h:
t
FLOODING MITIGATION COMMITTEE
MEETING MINUTES - Draft
JULY 9,2014 - 5:00 p.m.
The City of Miami Beach Flooding Mitigation Committee met on Wednesday, July 9, 2014, al5:00 p.m.
in the City Manager's Large Conference Room. The meeting was led by Commissioner Jonah Wolfson.
Commissioner Joy Malakoff was in attendance. The minutes of the meeting held on June 18,2014 are
submitted to the City Commission for approval.
UPDATE FROM MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE
Bruce Mowry, City Engineer reported for the Mayor's Blue Ribbon Panel on Flooding and Sea Rise. The
Panel had discussion on seawalls and reviewed a proposed resolution to adopt changes to the seawall
cap elevation to better protect the City from flooding due to sea level rise. He explained that the rise in
height would increase the costs of seawalls approximately ten percent. Commissioner Malakoff
expressed concern of unintended consequences to surrounding properties if the height of adjacent
seawalls is increased. Bruce reported that a presentation was made by David Martinez, CIP Director, to
the Mayor's Blue Ribbon Panel showing new elevations for the Collins Park Garage at the June meeting.
STATUS ON FLOODING MITIGATION RELATED PROJECTS
Bruce discussed the installation of check valves around the City and used as an example the work that
was undenrvay at 44th and Royal Palm Avenue. Public Works has engaged a company that is doing the
inspections of the installations. He spoke of the pumps that are being installed at 1Oth and 14th Streets
and in Sunset Harbour, pump station # 3.
ACTION: Commissioner Wolfson requested a list on a board of every project undenvay and planned for
the next meeting to be held September 3,2014.
PRESENTAT!ON OF SEAWALL DESIGN AND DECISION TO INCREASE SEAWALL HETGHT
Bruce Mowry discussed further the draft resolution regarding sea wall heights. Commissioner Malakoff
wanted an explanation of how the 3.2 NAVD to 5.7 NAVD was established. Eric Carpenter, Public Works
Director said 5.7 is a reasonable height for the City of Miami Beach moving forward over many years.
He explained the FEMA data and talked about sea level rise, approximate life span of a seawall and
wave action consideration. Mike Alvarez, lnfrastructure (Operations) Division Director suggested that it
would be usefulto set a maximum height for sea walls.
ACTION: The Committee voted to establish the minimum seawall height a|5.7 NAVD and to pass the
recommendation onto the City Commission.
The Committee suggested that maximum heights for seawalls should be discussed by the Building,
Planning and Public Works Departments.
The meeting was adjourned at 6:35 p.m. ' The Flooding Mitigation Committee will meet next on
Wednesday, September 3, 2014 at 5:00 p.m. in the City Manager's Large Conference Room. The
meeting will be posted on the City's website wltry.miamibeachfl.qov, Quick Links, Commission
Committee Referral Tracking (CCRT), Flooding Mitigation Home Page to obtain future and past
agendas.
F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\CASTELLANOS OIANA\Flood Mitigation Committee\Flooding Mitigation Committee Meeting Minutes 5.14.2014.docx
l,[:!?tTi:":"1|ai:"':Y'X
115
c7
RESOLUTIONS
116
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept six (6) grants.
1) Maximize the Miami Beach brand as a world class destination; 2) lmprove City's managerial
leadership to reward innovation and performance; 3)and 4) N/A; 5) and 6) Achieve Educational (K-12)
Excellence.
Supporting Data: Community Survey: 1) and 2) 84o/o of residents rated hurricane/
emergency preparedness as positive; 3) N/A; 4) The Fire Department has experienced more than a 9%
increase in the number of pre-hospital care calls for service from 14,865 in 2001 to 16,243 in 2011; 5)
and 6) Safety in Miami Beach appeared as one of the most important areas affecting resident's quality
of life, the Children's Trust orants provi
Item
Approve and authorize the following grant application submittals: 1) US Department of Homeland
Security in the approximate amount of $100,000 for Urban Area Security lnitiative (UASI) funding for the
City's Homeland Security needs; 2) Rockefeller Foundation for the 100 Resilient Cities Challenge for
technical and financial resources to create and execute resilience strategies on a citywide scale; 3)
Miami-Dade County for the FY 2014115 Municipal Parking Fines Reimbursement program, for funding in
the approximate amount of $55,000, to improve accessibility and equal opportunity to qualified persons
who have disabilities; 4) Miami-Dade County for FY2014l15 Emergency Medical Services (EMS)
County grant funds through the State of Florida, Department of Health, in the approximate amount of
$10,000 to improve and expand pre-hospital emergencyservices; 5) Little Lighthouse Foundation in the
approximate amount of $5,000 for Success University; and retroactively approving the following: 6)
Children's Trust Service Partnership in the approximate amount of $425,000 for Success University;
approving and authorizing the appropriation of the above grants and funding requests, including any
requisite matching funds and city expenses; and further authorizing the City Manager or his designee to
take all necessary steps and execute all necessary documents in connection with the aforestated grants
and fundino reouests. includino. without limitation. aoolications. oranUfundino aoreements and audits.
Financial lnformation :
Grant Name/Project
US DHS UASI/Homeland Security
Needs
100 Resilient Cities (100RCy Chief
Resilience Officer & resilience fundi
100RC will
determine amount
MDC ADA Parking Fines/Programs for
Persons with Disabilities
MDC EMS/Pre-hospital Emergency
MedicalServices
Little Lighthouse Fou ndation/Success
Children's TrusUService Partnership
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
MIAMIBEACH 117
MIAMIBEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
September 10,2014
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING AGTIONS: 1)
SUBMIT A GRANT APPLICATION TO THE US DEPARTMENT OF
HOMELAND SECURITY IN THE APPROXIMATE AMOUNT OF $IOO,OOO FOR
URBAN AREA SECURTTY TNtTtATtVE (UAS!) FUNDTNG FOR THE CtTy'S
HOMELAND SECURITY NEEDS; 2) SUBMIT AN APPLICATION TO THE
ROCKEFELLER FOUNDATION FOR THE 1OO RESIL!ENT CITIES
CHALLENGE, FOR TECHNICAL AND FINANCIAL RESOURCES TO CREATE
AND EXECUTE RESILIENCE STRATEGIES ON A CITYWIDE SCALE; 3)
EXECUTE AN INTERLOCAL AGREEMENT AND AFFIDAVIT WITH MIAMI.
DADE COUNTY FOR THE FY 2014115 MUNICIPAL PARKING FINES
REIMBURSEMENT PROGRAM, FOR FUNDING !N THE APPROXIMATE
AMOUNT OF $55,000, TO IMPROVE ACCESSIBILITY AND EQUAL
OPPORTUNITY TO QUALIFIED PERSONS WHO HAVE DISABILITIES AND
TO CONDUCT PUBLIC AWARENESS PROGRAMS; 4) SUBMIT A GRANT
APPLICATION TO MIAMI-DADE COUNTY FOR FY 2014115 EMERGENGY
MEDICAL SERVIGES (EMS) COUNTY GRANT FUNDS THROUGH THE
STATE OF FLORIDA5 DEPARTMENT OF HEALTH, !N THE APPROXIMATE
AMOUNT OF $1O,OOO TO IMPROVE AND EXPAND PRE.HOSPITAL
EMERGENCY SERVICES; 5) SUBMIT AN APPLICATION TO THE LITTLE
LIGHTHOUSE FOUNDATION IN THE APPROXIMATE AMOUNT OF $5,OOOFOR FUNDING FOR SUCCESS UNIVERSITY; AND FURTHER,
RETROACTIVELY APPROVING THE FOLLOWING: 6) SUBMITTAL OF AN
APPLICATION TO THE GHILDREN'S TRUST SERVICE PARTNERSHIP
PROGRAM FOR FUNDING !N THE APPROXIMATE AMOUNT OF $425,000
FOR THE CITY'S SUCCESS UNIVERSITY PROGRAM; AND, APPROVING
AND AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS
AND CITY EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER
OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL
NECESSARY DOCUMENTS IN CONNEGTION WITH THE AFORESTATED
GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT/FUNDING AGREEMENTS AND AUDITS
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
TO:
FROM:
DATE:
f the City
118
Commission Memorandum
Page 2
ANALYSIS
1. Approval to submit an application to the US Department of Homeland Securitv in
the approximate amount of $100.000 for Urban Area Securitv lnitiative (UASI)
fundinq for the Citv's Homeland Securitv Needs
The Urban Area Security lnitiative (UASI) Program is funded through the Department of
Homeland Security (DHS), under the Homeland Security Grant Program. One of the
core missions of DHS is to enhance the ability of state and local government to prevent,
protect against, respond to and recover from terrorist attacks and other disasters. The
federal government allocates funding to the different Urban Area groups based on a risk-
based methodology. The program focuses on planning, equipment, training and exercise
needs of high threat, high density urban areas.
The City of Miami Beach receives UASI funding as part of the allocation for the Miami
Urban Area. The City will be utilizing grant funds to further homeland security needs
citywide and the Administration anticipates submitting an application for UASI funding in
the approximate amount of $100,000. The City's funding priorities include infrastructure
enhancements in addition to other homeland security-related needs. No matching funds
are required and this project supports the key intended outcome to maximize the Miami
Beach brand as a world class destination.
2. Approval to submit a orant application to the Rockefeller Foundation for the 100
Resilient Cities Challenqe for technical and financial resources to create and
execute resilience strateqies on a citvwide scale
The Rockefeller Foundation's mission since 1913 has been to promote the well-being of
humanity throughout the world. The 100 Resilient Cities Challenge seeks to find 100
cities that are ready to build resilience to the social, economic, and physical challenges
that cities face in an increasingly urbanized world. The objective of the 100 Resilient
Cities Challenge is to influence the global discussion of resilience and surface new ideas
and innovations on resilience that benefit the residents of cities, particularly poor and
vulnerable residents who are often disproportionately impacted by shocks, and to control
how cities respond to these challenges.
Through the 100 Resilient Cities Challenge, selected cities will receive: 1) Funding in the
form of a grant to hire a Chief Resilience Officer; 2) Technical support to develop a
holistic resilience strategy that reflects each city's distinct needs; 3) Access to an
innovative platform of services to support strategy development and implementation;
and, 4) Membership in the 100 Resilient cities network to share knowledge and practices
with other member cities. The actual form and amount of awards will be determined at
the discretion of 100 Resilient Cities. The City Administration intends to apply to the 100
Resilient Cities Challenge with the support of the Southeast Florida Regional Climate
Compact and other partners. This project supports the key intended outcome to improve
City's managerial leadership to reward innovation and performance. Matching funds are
not required for this award.
119
Commission Memorandum
Page 3
3. Aporoval to execute an interlocal aoreement and annual affidavit with Miami-
Dade Countv for the FY 2014l15 Municipal Parkinq Fines Reimbursement
Proqram, for fundinq in the approximate amount of $55.000. to improve
accessibilitv and equal opportunitv to qualified persons who have disabilities
Each year the City participates in Miami-Dade County's Parking Fines Reimbursement
Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-
447 of the Code of Miami-Dade County, which authorizes the charging of fines for
misuse of specially marked parking spaces for people with disabilities. The City has
entered into an interlocal agreement with Miami-Dade County for the distribution of these
funds. The agreement requires that the City annually submit an affidavit sworn by the
Chief Administrative Officer that expenditures will meet the program criteria.
The Affidavit stipulates that municipal parking fines funds shall be used to improve
accessibility and equal opportunity to qualified persons who have disabilities in the
municipality and to conduct public awareness programs in the municipality concerning
persons who have disabilities. The Administration requests approval to execute the
Affidavit for Fiscal Year 2014115 Parking Fines funds. This project does not require
matching funds.
4. Approval to submit a orant application to Miami-Dade Countv for FY 2014l15
Emeroencv Medical Services (EMS) Countv qrant funds throuoh the State of
Florida. Department of Health. in the approximate amount of $10.000 to improve
and expand pre-hospital emerqencv services
The Florida Department of Health is authorized by chapter 401, Part ll, Florida Statutes
to provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services. These grants are awarded only to Boards of
County Commissioners, but may subsequently be distributed to municipalities and other
agencies involved in the provision of EMS pre-hospital care. Miami-Dade County makes
these funds available to cities within the County; the level of funding is based on each
Fire Department's call volume. The funds are derived by the State from surcharges on
various traffic violations and funds must be used solely to improve and expand pre-
hospital EMS.
The Administration intends to apply for funding to support the Fire Department's pre-
hospital Emergency Medical Services (EMS); funds may be requested for EMS
materials, supplies, training, equipment and reference library materials. This grant does
not require matching funds.
5. Approval to submit a orant application to the Little Liqhthouse Foundation in the
approximate amount of $5.000 for Success Universitv
The Little Lighthouse Foundation assists children and their families in South Florida who
struggle with educational, financial, and medical hardships. The goals of the Little
Lighthouse Foundation include offering accessible and diverse volunteer opportunities
for those actively looking to donate their time, and providing proprietary programming
and concepts, along with like-minded partners to the community.
Success University is an integrated Care Coordination-based human services program
120
Commission Memorandum
Page 4
that partners with a variety of organizations to provide holistic, comprehensive services
to Miami Beach children and their families. The program provides children and youth
with personal and academic supports while providing their families with services to
ensure family stability and child success, The Adminditration proposes to apply to the
Foundation for a grant in the amount of $5,000 to be used exclusively towards Success
University's Suspension Diversion Program. The Suspension Diversion Program
provides a safe, alternative learning environment to youth in grades 6 - 12 who have
been issued out-of-school suspensions. Students receive academic instruction and
participate in behavior modification activities such as Restorative Justice, through which
youth are encouraged to understand the impact of their actions and are held
accountable for them. Youth in need of additional services are matched with a mentor
who is background screened and extensively trained.
Acceptable uses of the grant funds include the purchase of program supplies, participant
travel, participant meals, field trips, classroom materials, direct services, salaries, and
any other operating expenditures or personnel expenses which support or fund the
activity. This project supports the key intended outcome to achieve educational (K-12)
excellence and the grant does not require matching funds.
6. Retroactive approval to submit a qrant application to The Children's Trust
Service Partnership Proqram for fundino in the approximate amount of
$425.000 for the Citv's Success Universitv Prooram
The Children's Trust Service Partnership Program provides funding to address targeted
geographic areas and to reach at-risk populations in Miami-Dade County. The purpose
of the program is to target resources to meet the more complex needs of vulnerable
children and families. The City was awarded an initial planning grant for the Service
Partnership in 2007, and has been operating the program successfully since then.
Success University is an integrated service program that partners with community
agencies to provide Miami Beach youth at risk for truancy with personal and academic
supports, while providing their families with holistic, comprehensive services to ensure
family stability and youth success.
Service components currently include: tutoring, family assessments, care plan
coordination, family group conferencing, employment services, and referrals to
community-based services and Suspension Diversion which is a program for youth with
outdoor suspensions which applies restorative justice values and also provides a school
work component. Subcontracts will be awarded to Miami Beach Service Partnership
member agencies via weighted scores that evaluate contract performance and efficacy
in the previous program year. Contracted partners may include: 1) Abriendo Puertas; 2)
Ayuda, lnc.; 3) Barry University; 4) Choices Et Al, lnc.; 5) Get Credit Healthy 6) lnstitute
for Child and Family Health; 7) Jewish Community Services; 6) Open Arms; 7) Playing
the Game of Life; 8) Switchboard of Miami; 9) Teen Job Corps; 10) EC Miami (English
language class). This program year, the Children's Trust shortened the contract year
and eliminated the contract negotiation period in order to expedite the renewal process.
As such, the Administration scheduled this item for retroactive approval at the
September 2014 City Commission meeting. This program supports the key intended
outcome to achieve education (K-12) excellence and does not require matching funds.
CONCLUSION
121
Commission Memorandum
Page 5
A Resolution of the Mayor and City Commission approving and authorizing the City
Manager or his designee to take the following actions: 1) Submit an application to the
US Department of Homeland Security in the approximate amount of $100,000 for Urban
Area Security lnitiative (UASI) funding for the City's Homeland Security needs; 2) Submit
a grant application to the Rockefeller Foundation for the 100 Resilient Cities Challenge
for technical and financial resources to create and execute resilience strategies on a
citywide scale; 3) Execute an interlocal agreement and annual affidavit with Miami-Dade
County for the FY 2014115 Municipal Parking Fines Reimbursement program, for funding
in the approximate amount of $55,000, to improve accessibility and equal opportunity to
qualified persons who have disabilities; 4) Submit a grant application to Miami-Dade
County for FY 2014115 Emergency Medical Services (EMS) County grant funds through
the State of Florida, Department of Health, in the approximate amount of $10,000 to
improve and expand pre-hospital emergency services; 5) Submit a grant application to
the Little Lighthouse Foundation in the approximate amount of $5,000 for Success
University; and further, retroactively approving the following: 6) Submittal of an
application to the Children's Trust Service Partnership program for funding in the
approximate amount of $425,000 for the City's Success University Program; approving
and authorizing the appropriation of the above grants and funding requests, including
any requisite matching funds and city expenses; and further authorizing the City
Manager or his designee to take all necessary steps and execute all necessary
documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, granUfunding agreements and audits.
JLM/JW/JMH
T:\AGENDA\201 4\Septem ber 20 1 4\Grants Memo.doc
122
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CIry MANAGER
OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1) SUBMIT A GRANT
APPLICATION TO THE US DEPARTMENT OF HOMELAND SECURITY IN THE
APPROXIMATE AMOUNT OF $1OO,OOO FOR URBAN AREA SECURITY INITIATIVE
(UASI) FUNDING FOR THE CITY'S HOMELAND SECURITY NEEDS; 2) SUBMTTAN APPLICATION TO THE ROCKEFELLER FOUNDATION FOR THE 1OO
RESILIENT CITIES CHALLENGE, FOR TECHNIGAL AND FINANCIAL
RESOURCES TO CREATE AND EXECUTE RESILIENCE STRATEGIES ON A
CITYWIDE SCALE; AND, 3) EXECUTE AN INTERLOCAL AGREEMENT AND
AFFIDAVIT WITH MIAMI.DADE COUNry FOR THE FY 2014115 MIAMI.DADE
COUNry MUNICIPAL PARKING FINES REIMBURSEMENT PROGRAM, FOR
FUNDING IN THE APPROXIMATE AMOUNT OF $55,000, TO TMPROVE
ACCESSIBILITY AND EQUAL OPPORTUNITY TO QUALIFTED PERSONS WHO
HAVE DISABILITIES AND TO CONDUCT PUBLIC AWARENESS PROGRAMS; 4)
SUBMIT A GRANT APPLICATION TO THE STATE OF FLORIDA, DEPARTMENT
OF HEALTH, FOR FUNDING IN THE APPROXIMATE AMOUNT OF $4O,OOO FOR
EQUIPMENT RELATED TO PRE.HOSPITAL EMERGENCY SERVICES
APPROVING AND AUTHORIZING THE APPROPRIATION OF THE ABOVE
GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING
FUNDS AND CITY EXPENSES; 5) SUBMIT A GRANT APPLTCATION TO THE
LITTLE LIGHTHOUSE FOUNDATION IN THE APPROXIMATE AMOUNT OF $5,OOO
FOR FUNDING FOR SUCCESS UNIVERSITY; AND, FURTHER, RETROACTIVELY
APPROVING THE FOLLOWING: 6) SUBMIT A GRANT APPLICATION TO THE
CHILDREN'S TRUST SERVICE PARTNERSHIP PROGRAM FOR FUNDING tN THE
APPROXIMATE AMOUNT OF $425,000 FOR THE CITY'S SUGCESS UNIVERSITY
PROGRAM AND FURTHER AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND
FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION, APPLICATIONS,
GRANT/FUNDING AGREEMENTS AND AUDITS.
WHEREAS, the Administration requests approval to submit an application to the US
Department of Homeland Security in the approximate amount of $100,000 for Urban Area
Security lnitiative (UASI) funding for the City's Homeland Security Needs, the details of which
are as follows:
A. the Urban Area Security lnitiative (UASI) Program is funded through the Department of
Homeland Security (DHS), under the Homeland Security Grant Program;
B. one of the core missions of the DHS is to enhance the ability of state and local
government to prevent, protect against, respond to and recover from terrorist attacks
and other disasters;
C. the federal government allocates funding to the different Urban Area groups based on a
risk-based methodology and the City of Miami Beach receives UASI funding as part of
the allocation for the Miami Urban Area;
the City's funding priority includes infrastructure enhancements in addition to other
homeland security-related needs; and
no matching funds are required and this project supports the key intended outcome to
maximize the Miami Beach brand as a world class destination; and
D.
E.
123
WHEREAS, the Administration requests approval to submit a grant application to the
Rockefeller Foundation for the 100 Resilient Cities Challenge for technical and financial
resources to create and execute resilience strategies on a citywide scale, the details of which
are as follows:
A. the Rockefeller Foundation's mission since 1913 has been to promote the well-being of
humanity throughout the world;
B. the 100 Resilient Cities Challenge seeks to find 100 cities that are ready to build
resilience to the social, economic, and physical challenges that cities face in an
increasingly urbanized world;
C. the objective of the 100 Resilient Cities Challenge is to influence the global discussion of
resilience and surface new ideas and innovations on resilience that benefit the residents
of cities, particularly poor and vulnerable residents who are often disproportionately
impacted by shocks, and to control how cities respond to these challenges;
D. through the 100 Resilient Cities Challenge, selected cities will receive: 1) Funding in the
form of a grant to hire a Chief Resilience Officer; 2) Technical support to develop a
holistic resilience strategy that reflects each city's distinct needs; 3) Access to an
innovative platform of services to support strategy development and implementation;
and, 4) Membership in the 100 Resilient cities network to share knowledge and practices
with other member cities; and the actual form and amount of awards will be determined
at the discretion of 100 Resilient Cities;
E. the City Administration intends to apply to the 100 Resilient Cities Challenge with the
support of the Southeast Florida Regional Climate Compact and other partners;
F. this project supports the key intended outcome to maximize efficient delivery of service
and increase community satisfaction with city government and matching funds are not
required for this award; and
WHEREAS, the Administration requests approval to execute an interlocal agreement
and annual affidavit with Miami-Dade County for the FY 2014115 Miami-Dade County Municipal
Parklng Fines Reimbursement Program, for funding in the approximate amount of $55,000, to
improve accessibility and equal opportunity to qualified persons who have disabilities, the
details of which are as follows:
A. each year the City participates in Miami-Dade County's Parking Fines Reimbursement
Program;
B. the Program is based on Section 316.008, Florida Statutes, and Section3Q-447 of the
Code of Miami-Dade County, which authorizes the charging of fines for misuse of
specially marked parking spaces for people with disabilities;
C. the agreement requires that the City annually submit an affldavit sworn by the Chief
Administrative Officer that expenditures will meet the program criteria, which is that
municipal parking fines funds shall be used to improve accessibility and equal
opportunity to qualified persons who have disabilities in the municipality and to conduct
public awareness programs in the municipality concerning persons who have disabilities;
D. the Administration requests approval to execute the Atfidavit for Fiscal Year 2014115
Parking Fines funds; and
E. this project does not require matching funds; and
WHEREAS, the Administration requests approvalto submit a grant application to Miami-
Dade County for FY 2014115 Emergency Medical Services (EMS) County grant funds through
124
the State of Florida, Department of Health, in the approximate amount of $10,000 to improve
and expand pre-hospital emergency services, the details of which are as follows:
A. the Florida Department of Health is authorized by chapter 401, Part ll, Florida Statutes to
provide grants to Boards of County Commissioners for the purpose of improving and
expanding emergency medical services;
B. these grants are awarded only to Boards of County Commissioners, but may
subsequently be distributed to municipalities and other agencies involved in the
provision of EMS pre-hospital care;
C. Miami-Dade County makes these funds available to cities within the County and the
level of funding is based on each Fire Department's call volume;
D. the Administration intends to apply for funding to support the Fire Department's pre-
hospital EMS;
E. this grant does not require matching funds; and
WHEREAS, the Administration requests approval to submit a grant application to the
Little Lighthouse Foundation in the approximate amount of $5,000 for Success University, the
details of which are as follows:
A. the Little Lighthouse Foundation assists children and their families in South Florida who
struggle with educational, financial, and medical hardships;
B. the goals of the Little Lighthouse Foundation include offering accessible and diverse
volunteer opportunities for those actively looking to donate their time, and providing
proprietary programming and concepts, along with like-minded partners to the
community;
C. Success University is an integrated Care Coordination-based human services program
that partners with a variety of organizations to provide holistic, comprehensive services
to Miami Beach children and their families;
D. the program provides children and youth with personal and academic supports while
providing their families with services to ensure family stability and child success;
E. the City proposes to apply to the Foundation for a grant in the amount of $5,000 to be
used exclusively towards Success University;
F. this project supports the key intended outcome to achieve educational (K-12) excellence
and the grant does not require matching funds; and
WHEREAS, the Administration requests retroactive approval to submit a grant
application to The Children's Trust Service Partnership Program for funding in the approximate
amount of $425,000 for the City's Success University Program, the details of which are as
follows:
A. the Children's Trust Service Partnership Program provides funding to address targeted
geographic areas and to reach at-risk populations in Miami-Dade County;
B. the purpose of the program is to target resources to meet the more complex needs of
vulnerable children and families;
C. Success University is an integrated service program that partners with community
agencies to provide Miami Beach youth at risk for truancy with personal and academic
supports, while providing their families with holistic, comprehensive services to ensure
family stability and youth success;
D. service components currently include: tutoring, family assessments, care plan
coordination, family group conferencing, employment services, and referrals to
125
community-based services and Suspension Diversion, which is a program for youth with
outdoor suspensions which applies restorative justice values and also provides a school
work component;
E. subcontracts will be awarded to Miami Beach Service Partnership member agencies via
weighted scores that evaluate contract performance and efficacy in the previous
program year;
F. this program supports the key intended outcome to achieve education (K-12) excellence
and the grant does not require matching funds.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the Mayor and City Commission approve
and authorize the City Manager or his designee to take the following actions: 1) Submit an
application to the US Department of Homeland Security in the approximate amount of $100,000
for Urban Area Security lnitiative (UASI) funding for the City's Homeland Security needs; 2)
Submit a grant application to the Rockefeller Foundation forthe 100 Resilient Cities Challenge
for technical and financial resources to create and execute resilience strategies on a citywide
scale; 3) Execute an interlocal agreement and annual affidavit with Miami-Dade County for the
FY 2014115 Miami-Dade County Municipal Parking Fines Reimbursement program, for funding
in the approximate amount of $55,000, to improve accessibility and equal opportunity to
qualified persons who have disabilities; 4) Submit a grant application to Miami-Dade County for
FY 2014115 Emergency Medical Services (EMS) County grant funds through the State of
Florida, Department of Health, in the approximate amount of $10,000 to improve and expand
pre-hospital emergency services; 5) Submit a grant application to the Little Lighthouse
Foundation in the approximate amount of $5,000 for Success University; and further,
retroactively approving the following: 6) Submittal of an application to the Children's Trust
Service Partnership program for funding in the approximate amount of $425,000 for the City's
Success University Program; approving and authorizing the appropriation of the above grants
and funding requests, including any requisite matching funds and city expenses; and further
authorizing the City Manager or his designee to take all necessary steps and execute all
necessary documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, granVfunding agreements and audits.
PASSED and ADOPTED this day of 2014.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
T:\AGENDA\20 1 4\SeptembeAGrants Reso.doc
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
lll$
Dole
126
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing
The Mayor And City Clerk To Execute A Settlement Agreement And Mutual Release Between The City Of Miami
Beach (City) And David Mancini & Sons, lnc. (DMSI), ln The Amount Of $400,000, To Settle All Pending And Future
Claims For Damages By DMSI Pertaining To The Bayshore Neighborhood 8e - Sunset lslands 1 & 2 Right Of Way
lnfrastructure with
COMMISSION ITEM SUMMARY
Key Intended Outcome Supported:
Build and maintain priority infrastructure with full accountability
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over
87o/o and 83o/o of City residents and businesses respectively, rated the appearance and maintenance of public
buildings as excellent or good; and over 81o/o of residents rated recently completed capital improvement projects as
excellent or
Item Summary/Recommendation :
On July 13,2011 , the City Commission approved the award of a construction contract to DMSI, in the amount of
$5,61 1 ,041, for the construction of the Neighborhood 8E-Bayshore, Sunset lslands 1 & 2 Right of Way lnfrastructure
lmprovement Project (Project). The contract was a unit price contract. After clarifications and scope adjustments
took place prior to issuance of the second Notice-to-Proceed, the final approved contract amount was reduced to
$5,293,041.
During the construction of the Project, a considerable amount of additional scope of work was added to the Project,
such as replacement of pedestrian lighting electrical system on Sunset lsland 1, sanitary sewer lining, driveway
harmonization and miscellaneous unforeseen ltems, which increased the overall contract amount to a total of
$6,198,949.69.
On August 7,2013, during a Project Progress meeting, DMSI submitted a claim for additional monies in the amount
of $977,541.96.
The City subsequently tasked the consulting firm of Schwebke-Shiskin & Associates (SS&A), the City's Consultant
whom was acting in the capacity of the Resident Project Representative during the course of the Project, to perform
a professional analysis and determine the validity of the items set forth in DMSI's claim. SS&A's analysis disputed
DMSI's claimed entitlement to certain items set forth in DMSI's claim.
On October 23,2013, the City directed DMSI to bring the Project to Final Completion by completing the remaining
punch list items and to address the As-Built comments for resubmission to the City.
ln accordance with the dispute resolution clause of the contract, on April 17,2014, and July 11,2014, respectively,
the City and DMSI convened for mediation.
Based on the City's consideration of additional information and data submitted and the parties' desire to settle these
claims without the need for litigation, DMSI agreed to a full and final settlement of all of its pending and future claims
for damages against the City pertaining to the Project, in the total amount of $400,000.
The Administration recommends that the Mayor and City Commission approve the resolution.
Financial !nformation:
Source of
Funds:
Amount Account
1 $160.588.97 423-2665-069357
2 $140,020.03 427-2665-069357
3 $ 99,391.00 431-266s-069357
Total s400.000.00
David P.E Ext.6972
yshore E - Sunsel lslands DMSi Setl
AGENDA ITE}T C7 BE MIAMIBEACH o,,I:E q'10'l tl127
E MIAMIBEACH
423-2665-069357
427-2665-069357
431-2665-069357
Cify of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
BACKGROUND
On July 13,2011, the City Commission approved the award of a construction contract to DMSI,
in the amount of $5,611,041, for the construction of the Neighborhood 8E-Bayshore, Sunset
lslands 1 & 2 Right of Way lnfrastructure lmprovement Project (Project). The contract was a
unit price contract. After clarifications and scope adjustments took place prior to issuance of the
second Notice-to-Proceed, the final approved contract amount was reduced to $5,293,041.
Ithecitvr[--:
( --."
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND C!ry CLERK TO EXECUTE A SETTLEMENT AGREEMENT
AND MUTUAL RELEASE BETWEEN THE CITY OF M!AM! BEACH (C!TY)
AND DAVTD MANCTN! & SONS, rNC. (DMS!), tN THE AMOUNT OF
$4OO,OOO, TO SETTLE ALL PENDING AND FUTURE CLAIMS FOR
DAMAGES BY DMSI PERTAINING TO THE BAYSHORE NEIGHBORHOOD
8E - SUNSET ISLANDS 1 & 2 RIGHT OF WAY INFRASTRUGTURE
IMPROVEMENT PROJECT; WITH PREVIOUSLY APPROPRIATED
FUNDING.
ADMI NISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and maintain priority infrastructure with full accountability.
FUNDING
Account Number Amount Amount
$160,588.97
$140,020.03
$ 99.391.00
Total: $400,000.00
128
Commission Memorandum - David Mancini & Sons lnc. Construction Seftlement Agreement
September 10,2014
Page 2 of 3
The Project limits include both Sunset lslands 1 &2, accessed by a single bridge at the entry of
Sunset lsland 1 from 29th Street and a second bridge from Sunset lsland 1 to Sunset lsland 2.
The Project's scope of work included the replacement of existing water lines; the installation of
new storm water infrastructure throughout the Project area; streetscape improvements,
including pavement and hardscape; valley gutter upgrades; and outfall reconstruction.
During the construction of the Project, a considerable amount of additional scope of work was
added to the Project, such as replacement of pedestrian lighting electrical system on Sunset
lsland 1, sanitary sewer lining, driveway harmonization and miscellaneous unforeseen ltems,
which increased the overall contract amount to a total of $6,198,949.69.
ANALYS!S
DMSI was issued the second Noticeto-Proceed, effective January 11,2012, and was
scheduled to perform the work within 365 calendar days, plus an additional 64 calendar day
time extension for additional work.
On August 7,2013, during a Project Progress meeting, DMSI submitted a claim for additional
monies in the amount of $977,541.96 (Exhibit A).
The City subsequently tasked the consulting firm of Schwebke-Shiskin & Associates (SS&A),
the City's Consultant whom was acting in the capacity of the Resident Project Representative
during the course of the Project, to perform a professional analysis and determine the validity of
the items set forth in DMSI's claim. SS&A's analysis disputed DMSI's claimed entitlement to
certain items set forth in DMSI's claim.
On October 23, 2013, the City directed DMSI to bring the Project to Final Completion by
completing the remaining punch list items and to address the As-Built comments for
resubmission to the City.
On March 18,2014, DMSI obtained Final Completion, as certified by SS&A.
The dispute resolution clause of the contract states "within sixty (60) days after Final Completion
of the Work, the parties shall participate in mediation to address all objections to any
determinations hereunder and to aftempt to prevent litigation."
ln accordance with the dispute resolution clause of the contract, on April 17,2014, and July 11,
2014, respectively, the City and DMSI convened for mediation.
Based on the City's consideration of additional information and data submitted and the parties'
desire to settle these claims without the need for litigation, DMSI agreed to a full and final
settlement of all of its pending and future claims for damages against the City pertaining to the
Project, in the total amount of $400,000.
129
Commission Memorandum - David Mancini & Sons lnc. Construction Settlement Agreement
September 10,2014
Page 3 of 3
GONCLUSION:
The Administration recommends that the Mayor and Commission adopt the Resolution
Approving and Authorizing the Mayor and City Clerk to execute the Settlement Agreement and
Mutual Release between the City and DMSI, in the amount of $400,000, to settle all pending
and future claims by DMSI pertaining to the Project (Exhibit B).
ATTACHMENTS:
Exhibit A - DMSI's Claim Spreadsheet
Exhibit B - Final Settlement Agreement and Mutual ReleasenB
JLM/MT/DM
T:\AGENDA\,20.14\Seplember\ClP\DMSI Settlement Ag.eement - Sl 1 2 Memo Final Ir'lC.docx
130
Exhibit A
>s
xt
s
\t
+
orF
olots
N
N+
(n
o
6g
st
N
OtN
4
Nq
H
coN\tN
rool
d<ftJl
F
Or
i/I
J
FoF
(o
o!
<l
oo<l
J
FoFcof
x
<i
x
@>.E
Eo99l>.!
;95
-9.9:"tg
f!6 io;v^
o=og h(Jo.g >;sq
=E;,ooo!.?9+o
E E {pro@oO.r=OO
E-E E Eo@ooudou
o6
6
m
NiO
v!
6
09oNo'lN00o
o\m
!c'oN
@u)
mrN
(o'
ol
rn
OeN
NNo
o
o
o
oo
o
EfQ
.9
co(J
E2
=o)Fu!!.=oo;UI
ELob
oN
mN
N
o
oz
os
t^Edooe
9oaP
ro!;qtots
6:
9oo<
o os
EE3
L+aoN-
= >6o i9!> o,=6E3
;9E<oc< o.o
!o
€i
oXa;';*-eE$
=!@!ONJ .ovrEoi3,G?.EEO
c'=uo=Fis sO 9^i
-i@;=oo''='=6;aEe-siseEr.9oE;\>5sni!o4N<rO6
ooo
@
co(.,
od
.c
oz
!'6
o
oE
!
fo
oo'd
EEo
NN
!c
<fm
c
.9
oaoa
N$
!co
@
F
NN
3
o<t
3l
6
oU
-
o
=Ec
.9v!E
o
-u
fos
o
Eot
o
do
o
oo
6
o
t
co
Eo
+
Ip3
o
E
Nd
o
E
N
il
oN
@
m
oN
.9
co
Eo
oooo
cl
o
.EEo
6
oE
Eoococ;os
.}
o
o
c
GEooo
E-
oui6
F. lt
diOd(JNs@uL]gOo:a+
oOEL)
ccof
io::>Ho
;Rbdo
o
E
+
lJo
ac
oc
oN
@l
!ou
Ufo
!o!
o
s
co
E
st+
uio(J
.sp
oo
(J
I
6
o
ao
l))
E
.9
o
oo
o
.g
t
oo.J
.P-cofd
o
o(J
Eco
o
oo
=
o
o
ollf
ru
oa
Eru
E
Ino4g
o
'tr
L
6s6E>o>iEgtJ@o
dPoc<o1&>cos-rO'az
c
{Ee3trxP;
EJ
ca62,o.r
U&,
F
=hJou
=F
r
6
=G
0o
=(J
o)oN
m
i
oo
oq
orNr{+
wl
oUUF
(ool
ng.l
@
n
oi
anq
m
JAB
00q
Nool
N
nN
oimmo
n
+Nc)
n
F
@\
@o\F.
.+mq
I
oqooul
@@
6iNno
N6
NN6.
m
o
E
.E!U
vl
=39oo=tr.t F
I s.gUI 6E0t oi
=a
o-d.cd
oU-U
E
o-dct
o-
dcd
G-Ect
G-
dcd
o-
dcG
6
I
dcd,
@-
dcE
o-
dL&
oI
do&
UFoz
Uu
@-
doG
ql-ozUu
o-Gce
G-dLe
uFozuu
o)oN
di
o
oq
@
.l
N
oqoou]
m
+
o.
<f
nnN
d'l
n
o
+ro
oqooo
6q
NNn
ocoo\
N
og
NNcqn
@@
oiNu'l
<f
6
@gosf
r
ocqoooq
N
No!
mq
N0
@N
6i
@
oo'ol
n
o;o@
m
q
4N!q
6
6
.so
o
ors:
3
.9
co(J
Eoo
o
oc:)
!68so=EOoz
-U-c6r>=o6o.9
uo
FUJO
Frlc
5:6.9d-',r o-59-afr>b>s 5eUUC
cor
o
Go&co
o
g
.g
oc
6
.9,tro
!
F
6N
=Eo
ooo
E
@
(,J
-5co
=
o(J
JLr
@6
s.e;
.9
oU
Jcu
o
oc
f
o
o.:lT'co
u
Esu
J
Eo
lFF
no
:!
3
.9
co(J
E
o
.9o
d
!o!c
CJ
U
o
C
6co
E!
om
tt!;
.oEco(J
E
=I
o
3o
s:t
3
.o
C
Qouo
.=o
o
o
o
c
->co
oUcl
0)
o
o
E
oC
Eo
so
Eo
l
CI
o
uE
oL
!,.9
o
o
Eod
uc
o
G
Boo
!,Eo
Fo
vi(J
(9
6c
.o.tE1'
Noo\4
o
l(,
Io
o
0)
@6
oo
o
E
J
6o
oUuF
=';
=co(J
oOIoc'6
o
=o
oU
ao
oo
EoF
6
o
EoE
!oso
oco
=E'c,
oN
6N
o
oN
N
F.
oN
<iN
N
N
oN
EN
co
I
\
I
oN
6
Ol
oN
o
ol
N
oN
n
o
m
oN
N
o
N
oN
6
o
oN
6
o
oN
t
o
oNr
o
oN
@
oN
\o
d
oN
N
d
oN
m
sf
oN
N
@
o
t
o&,
131
Relocation
Proiect (+ 60 wor,kine davs added)
PROJECT: Neighborhood #8E/Sunset lslands L &2, City of Miami Beach
CONTRACTOR: David Mancini & Sons, lnc. (DMSI)
SUMMARY OF DELAY DAYS
SW Start Dote -
SW Finish Dote -
Totol Durotion (Colendor Doys)
SUBTOTAL. ADDITIONAL DAYS DUE TO DELAYS
Days DMSI was offsite on other jobs
Rain Days
GRAND TOTAL. CALENDAR DAYS
GRAND TOTAL. WORKING DAYS
SUMMARY OF DIRECT COSTS
TOTALLABOR 5
TOTAL EQUIPMENT 5
TOTAL MATERIAL 5
suBTorAL 5
CONTRACTOR'S FEE (10%) As per Art. 38.4.2.7 5
TOTAL COST PER DAY
WORKING DAYS DELAYED
BASELINE
s/18/20L2
7/30/2012
7i.00
4,804.46
2,979,97
ACTUAL
8/20/20L2
2/1j/201j
L77.00
704.00
_10
_10
84.00
7,784.37
778.44
8,562.81 per day
60 days
DEDUCT CLAIMS PAID BY CITY
CO# DESCR!PTION AMOUNT
TOTAL INDIREC| COSTS ( $7,400 per day as per
aLIa) of Contract)
6 Conflict between FPL and S-75 on Bav Ave S 2,475.35
7 Drainase Conflict FPL at S-59 s 1_,585.48
8 FPL Conflcit with Drainaee lnstallation 5-188 S s,974.Ls
7 AT&T Conflict with Drainaes lnstalaltion 5-107 S s,89s.60
7 FPL Conflict with Drainase lnstallation S-3 s 3,720.62
TOTAL CLAIMS PAID BY CITY TO DATE
BALANCE DUE TO DMSI
20,65L,20
577,Lt7.39
132
Exhibit B
SITTLf,i}IENT AGREEI\IENT AND i\IUTUi\L RELEASE BETWEEN
DA\'ID NI.\NCINI & SONS.INC. AND TTIE CITY OF NII.A,NII BEACH. FLORIDA
l'his Settlc-ntent Agreement and Mutual Release ("Agreement") is made and entered into
this _ da1' of , 2014. by and benveen DAVID IvIANCINI & SONS, lNC.. a
Florida corporarion, (hereinafter ''DlvlSI") and the CITY OF MIAlvll BEACH. FLORIDA. a
pcrlitical sub-dir.ision of the State of Florida (hereinafter, the "City"). DMSI and the City rna1"
also lrc refc'rred to individualll' as a "Part]," and collectively as the "Pafties."
RECITALS
WHERIAS, DMSI and the City are parties to a construction contract, dated August 18,
201 I (the "Contract"), for Right-ot'-\\'ay Inlrastructure Improvement Program-Neighborhood
No. SE-Sunset Islands I & II, located in Miami Beach, Florida (hereinafter, the "Project");
WHEIIEAS, DMSI assefied claims for additional cornpensation and time against the
Cit1,'pertaining to the Project (the "DMSI Clairn");
WHEREAS, as required b.v'the Contract, the Parties attended pre-suit mediation on April
17. 2014. and July' 10,2014. respectively;
WHEREAS, the Parties desire to settle all claims. disputes. past, present. or titture
regrrding the Project. regardless of responsibility: and
WIIEREAS, the Parties believe it rvould be in their best interests and the best interests of
thc citizens oIthe City to agrec to the provisions of this Agreement.
NOW THEIIEFORE. in consideration tbr the exchange of promises contained herein.
and tbr othr'r good and valuable consideration. the receipt and suftciency of rvhich are hereby'
acknorvledgu-d by the Parties. the Parties agree as flollorvs:
l. Recitals: The abovc Recitals are true and correct and are incorporated heretn.
l. Settlement Ternrs: In consids'ration fbr the releases executed herein. the Parties
ilgrce as tbllo*s:
(a) The City a-srees to pa)' DMSI the sum of Four Hundred Thousand Dollars
ancl r.,*o Cents (5400,000.00) (the "Final Pa.""ment").
(b) Subject to the Cit;* Commission's approval o[ this Agreemerrt. the l:inal
Pavnrent shall be made b1' the Cit1, u'ithir.t thirt)' (30) da,v"s follo*'ing City
133
Clonrrnission approval. execution b1, the Citl' of thc associated Rcsolutiorr
appror.ing such settlcrur'nt and lirll executiorr of the Agreement b.n- each Partl'.
3. Rele:rses: ln t'urther consideration of the execution of this Agreement. the Parties
tbr thcmselves and their respective parent companies. subsidiaries. divisions, afliliates, unit
o\\ ners. insurers. ofticers, directors. agents. employees. subcontractors, representatives.
successors and assigns (the ''Cit1'Releasors" or "DlvISI Releasors," as the case may be), hereby
execute. subject to the conditions and exclusions set forth in this Agreement. the follorving
Releases:
(a) DMSI Releasors' Release of Citv Releasors:
Upon payment of the Final Pal,ment by the City and clearance of said funds. the DNISI
Ileleasors hereby remise, release, acquit. satisfu and forever discharge the City Releasors, n'hich
throughout this A-c,reement includes, but is not limited to, its affiliates, Commissioners, insurers,
sureties. directors, officers. enrplol'ees. agents and attorney,s, together rvith its heirs, executors.
administrators, associates. representatives, successors and assigns. of and from any and all
nranner of past, present and future claims, action and actions, suits, debts, dues, sums of money.
Accounts, reckonings, bonds. bills. specialties. covenants, contracts, controversies, agree'ments.
promises. r,ariances. trespasses. obligations. damages. judgments, costs. expenses. cause and
ciurses of action, executions. clainrs. liabilities. and demands rvhatsoever. in larv or in equit1,,
rrhcther tbr compensatorv. punitive, or other damages (collectively referred to in this Paragraph
as the "Claims"). rvhich the DMSI Releasors have held or norv hold, ever had. norv have, or
rvhich the DI{SI Releasors hereinafter can. shall or ma;y have against the City Releasors. tbr any
and all Clairns, rvhether knorvn or tmkno*'n, arising tiom. pertaining to and/or in an-v u'a1'
relating to the Project.
(b) Citv Releasors' Release of DMSI Releasors:
Exccpt as provided and expressly subject to the limitations set forth in this Paragraph 3(b)
and Para-{rerph 4 herein, rvhich the Parries agree and acknou{edge limits the scope of the Cit;-
lleleasors' release of the Divlsl Releasors to the DMSI Claim, the City Releasors hereby remise,
release. acquit. satisty and forever discharge the DMSI Releasors. rvhich throughout this
i\greement includc's, but is not limited to, its aftiliates, insurers. sureties, directors. oftlcers.
emplol'ees. agents and attome)-s. to-sether u'ith its heirs. executors, administrators. associates.
rL'prL'serrtatives, successors aud assigns. ol and fronr arr1, and all ntanner of past, present ancl
firture clairns, action and actions. suits. debts, dues. sums of monel'. accounts. rcckonings. bonds.
bilts. spccialties. covenants. contracts, controversies. agreements. promisc-s, r'ariancc's.
trcspassc's. obligations. damages. juclgments. costs. expenses. causL' and causes ol action.
c\L'cutious. claints and liabilities. ancl clcmands rvhatsoever. in larr' or in erluity. rvhether tor
conrpensatorv. punitive. or other clamages (collectively' ret'erred to in this Paragraph as ths'
"Claims"). uhich thc Citv Rclcasors have held or now hold. evc'r had. nou-have. or rvhich the
134
Citl Itcleasors hcreinatier can, shall or mav have against thc' Di\'ISl Releasors. llrr an) ancl a[[
Claims. u'hether knoun or unknou'n. arising lrom. pcrtaining to and/or in an1'u'a1'relirting to
onl-r thc D\,{Sl Claim.
4. Latent Defects. Warranties and Third Partv Actions:
(a) The Parties agree that, in additior"r to all other contractual obli-qations ol Dlv'ISI
pertaining to the Project. specit'rcalll.' excluded fronr an,r- release or rvaiver by the Parties ttnder
this r\greerrrent, are any demands, claims and causes of action arising frorn: (i) latent defects; (ii)
$'arrant)' claims: or (iii) an)' third party actions tbr property damage. bodily' injury. personal
injurl' or death pertaining to the Project. The Citl' shall not be precluded tiom hringing an1'
action at larv or equity arising l'rom or relating to such matters.
(b) DivISI agrees that it shall honor and be responsible to the City for all lvarranties
and -suarantees as specified in the Contract and/or as othenvise provided by lalv or in equitl'.
DMSI further acknorvledges and agrees that nothing contained in this Agreement shall constitute
a rvaiver of any right by the City to seek enforcement of those rvarranties and guarantees against
DI,lSI. its sureties. insurers, subcontractors and suppliers.
5. No ..\dmission of Liabilitv: It is understood and agreed that tl're claims u'hich are
the subject oIthis Agreement are disputed claims and that the execution of this Agreemeut by thc
Parties. and the exclusions set lbrth in this Agreement, are not intended to, and shall not in an1'
rvar'. constitute or be deemed an elipress or iurplied admission or acceptance olan;- negligence.
misconduct. responsibility or liability by' the Parties or an admission against interest by the
Parties, and that the Parlies expressly and specitically' denl' all such clainrs. Such consideratiotl
is being qir,en to reduce the expense. uncertainties and hazards of litigation and to mitigate
cllrnages to each of the Parties. There shall not be any implication by any trier of thct or larv o I
any admission or acceptance of liability or admission against interest by the Parties and it shall
not be uscd against the Cit1.'Releasors or the DNISI Releasors in any attempt to prove any tirture
liability claims.
6. Bindin'r Eft'ect: Subject to Cit;" Comrnission approval and execution b.v.- the
Parties. this A-rrreement shall be binding upon the Parties and their respective successors and
assigns. Horverer. execution and notarization b1.'all Parties shall be a condition precedent to the
etllctivcncss of tlris Agreement as binding asainst an;- Party'. If the Citl' Comurission does not
issuc the approval. the .\greenrent shall be null and roid and ot'no force and cthct.
7 . i\ttornel-'s [:ees: [f anl legal action. proceeding. or hearing is brought b1' the Citl'
Relcasors or the DIISI Releasors to resolve adispute regardin-u entbrcentent of the terms ot'this
i\grccnrcnt. thcn thc prevailing part), as betn'een the' Citl' Releasors ancl the DivlsI Relc'asors
135
shall bc'c'ntitled to recovcr reasonable attorne\"s lbes and court costs incurred. The Parties shall
lrerr lhcir orvn t'ecs and costs relatin-rr to the negr-'rtiation and execution of this Agreement to clatr,'.
L Nliscellaneous: The Parties lurther agree as lbllorvs:
(a) The Parties acknorvled,ue and agree that this Agreement is tully and
adequatel;- supported by consideration and is fair and reasonable. The Parties
t'urther acknou'ledge and agree that: (i) each Party has had the opportunity to
consult u.ith, and has in fact consulted with. such professionals, experts and legal
counsel of its choice as such Party may have desired rvith respect to all matters
settled and resolved herein; (ii) each Party has participated fully in the negotiation
ancl prepuration of this Agreement: (iii) each Party has carefully reviewed this
Agreenrent and is entering into same freely; and (ir,) this Agreement is entered
into in good faith and rvas not obtained by fraud, misrepresentation, or deceit.
Accordingly. this Agreement shall not be more strictly construed against an.v-
Party.
(b) The Parties hereto understand and agree that this Agreement rvill not be
binding on the Parties to this Agreement until such time as the City' Comnrission
of the City of Miami Beach has approved same. and the Agreement is fully
executed by the Parties to the Agreement. City Commission approval is a
material condition precedent to tl're execution and entbrceability of this
Agreement, rvithout u'hich the City does not agree to. and is not subject to, the
ternrs and conditions contained herein.
(c) Each of the signatories hereto represents that he or she has authority to
execLrte this Agreement and to biud the Partl' on rvhose behalf he or she has
signed.
(d) 1'his Agrec'nlent is bein-e consummated in the State of Ftorida. nnd the
perlbnnance by the Parties hercto is in the Statc of Florida. This Agreement shall
be construed and governed in accordance rvith the larvs of the State of Florida and
the sole'and exclusive veuue tbr any' law'suit relating to this Agreement is Nliami-
Dade Count,'-', Floricla. The Parties e.xpressl,v agree to n'air.e trial by jurf in an1'
action to enfbrce this r\greement.
(e) In construing this r\greerrrent. the singular shall be held to include the
plural. thc plural shalI be hr,'ld to inciude the singular. the use of an1' gender shall
be held to include everr, other and all genders. and captions and paragraph
headings shall be clisrcgurded.
136
(r)Tinre is nlthe essence in thc'perlbrmance of this A-qreetnent.
9. Errtire ;\ereement: This Agreement. to-sether *.ith an) docunrents rel'erenced
hr-'rein. constitutes the lirll and entire agreement and understanding betrveen the Parties as related
to the Project. and there are no agreements. representations or rvarranties except as specitically
set tbrth herein. This Agreernent replaces any prior or contemporaneous rvritten or oral
representation or understanding about the terms of this Agreement. All prior discussions.
lucgotiations. letters. denrands and rvritings of any' kind are fully merged into this Agreement and
are to be construed to be of no further force or effect, it being the intention of the Parties that this
Agreement shall sen'e as the sole and entire expression of their a-sreement and understanding.
This A_greement shall be binding on, and sl'rall inure to the benet'it o(. the respective successors
and assigns. ifany, ofeach Party.
10. Modification: No Waiver: This .Agreement may only be modified in w'riting
signed by both Parties. No rvaiver or modification of the Agreement or of any covenant,
cor:dition or [irnitation contained herein. shall be valid unless in lvriting and signed by all Parties
to the Agreenrent, or their authorized counsel. If the City or DMSI excuses or condones any'
breach or delault by thc other Party of any' obligation under this Agreement, this shall not be a
rraiver of such obligation rvith respect to any continuirlg obligation or subsequent breach or
default and no such rvaiver shall be implied.
I l. Counterparts: This Agreement may be executed in one or more counterparts.
cach of s'hich shall be deemed an original, but all of rvhich together represent one instrument
hinding orr the Parties. notwithstanding that all of the Parties are not signatories to the same
counterpilrt. Each Party shall execute four (4) original copies of the Agreement.
12. Severabilitr-: If an,v provision of this Agreement is held or rendered illegal or
uncnlorceable. it slrall be corrsidered separate and severable from this Agreernent and the
rcmaining provisions of this Agreernent shall remain in lull tbrce and effcct and bind the Parties
as thor.rgh the illegal or unentbrceable provision had never been included in the Arereement.
13. Captions: References: The captions of this Agreement are for the purpose of
conveuiencc ol ret'erence only and in no rvav define. limit or describe the scope or intent ol'the
.\greenrent or in auv rvav atl'ect thc tr-'rms and conditions of this Agreement. All referencc's in
the r\greemer"rt to the terms "herein." "hereunder." "hereof' and rvords of similar import shall
rcfcr to this .A,greerr1er1t. as distinguishcd tiom the Paragraph. Section and/or Subsectiort n'ithin
rrhich such term is locltecl.
137
l-t. Third Parties: Nothin-e express or implic'd in this r\greenrent is intended or should
Lrc cr.rnstrued to conlbr upon or uive any' person or entit)', other than the Citl' and D![S[. an1'
rir.lhts or ren'lcdies urder. or bv reasou of. this.r\grec-ment.
IN WITNESS WHEREOF. the Parties have set their hands and seals on the dav and date
tirst rvritten above:
fRenruinder of page intentionally left blank.)
138
ir & soNs tNc.
:rEtarv
.Dor,,,
Print Name
STATE OF FLORIDA
COI.JNTY OF MIAMI.DADE
The foregoing instnrment rvas acknowledged before me this A5 day of fu.*f.
2014, by David Mancini as President of David Mancini & Sonr Inc., ryho is personally kn-orm to
;npor who has produced _-- . -( type of identrfication).
Notary Public - State of Florida
My Commission Expires
PtSE'IEROI
ilohry n.lE . tlrh d floddr
X, Cmc. Erglot lF t3.20lt
Cmrtdon , EE t4029
lodrl ltuif tl{orJ fEbtt f.|r.
139
THE CI'TY OF NIIA}II I}EACI{, FLOIIID.,\,
a Nlunicipal Corporation of the Stltc of Florida
B)':
Print Name:
Title:
i\TTllST:
Citv Clerk
SEAL
:\PPROVED..\S TO FORN,I AND
CORITECTNESS:
Citv Attornev
140
RESOLUTION TO BE SUBMITTED
141
THIS PAGE INTENTIONALLY LEFT BLANK
142
COMMISSION ITEM SUMMARY
Ensure compliance with Code within reasonable time frame, emphasizing the Code for commercial
development.
Supporting Data (Surveys, EnvironmentalScan, etc.): According to the 2012 Community Satisfaction
Survey, 610/o of residents thought the City's Code Enforcement efforts were about right, while2l% felt the
Condensed Title:
Reappointment of EnriqueZamora, Esq., as Chief Special Master.
Advisory Board Recommendation:
Item Summary/Recommendation :
On the determination of City Attorney Raul J. Aguila that Enrique Zamora possesses the knowledge, skills
and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am
recommending Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions providing
for the reappointment by the City Commission of Mr. Zamora as Chief Special Master. The first
Resolution reappoints Mr. Zamora as Chief Special Master for Code Enforcement violations under
Chapter 30 of the City Code; the second Resolution reappoints Mr. Zamora to hear appeals from citations
and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 of
the Miami Beach City Code. Mr.Zamorawas first appointed as Chief Special Masterforthe City of Miami
Beach on the April 23, 2014 Commission Meeting.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a Master of
Business Administration (1975) and a Masterof Science Management in Accounting and Taxation (1981)
from Florida lnternational University; and a Bachelor of Science in Electrical Engineering (1971) from the
University of Florida.
Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas
of probate administration, probate litigation, guardianship, estate planning and elder law. He is a certified
civil mediator. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he
teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County
Bar Association, where he also served as Vice-Chair and Secretary. Mr. Zamorawas the recipient of the
2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he
received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Association for Retarded
Citizens, South Florida.
The Administration recommends a the Resolutions.
Financia! lnformation :
Source of
Funds:
A") |L/
OBPI
Financial
The estimated amount for a six month
period of Special Master fees (October 24,
2014 through April 23, 2015) is $21,800.
The funding for FY 14115 was requested
the FY 14l15 Budoet Process.
01 1 -021 0-00031 2
Rafael E. Granado, City Clerk
Department Directo;Gity Attorney Gity ManagerM/C,X-.-Q*\--..r{-f\
1 Master\ZAMORA Chief Special Master ltem .doc
AGENDA ITE|IT C7 C
o^rE ?-/2-//MIAMIBEACH 143
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine i
FROM: Jimmy L. Morales, C
DATE: September 10,2014
SUBJECT: REAPPOINTMENT OF CHIEF SPECIAL MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE GITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24, 2014 AND ENDING ON APRIL 23, 2015;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND COUNTY GODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INGORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY GODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, GONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTloN 102-356 OF THE CITY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.iffi -J'J3,lIi3ll,Hit"ss;il'^T3^l'"%##3ffi ,s"='il,'31
ZAMORA'S TERM AS GHIEF SPECIAL MASTER ON OCTOBER 24, 2014,
AND ENDING ON APRIL 23,2015.
ADM! NISTRATION RECOMMENDATION
Adopt the Resolutions.
ANALYSIS
On the determination of City Attorney Raul J. Aguila that Enrique Zamora possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master.
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Master for Code
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and
144
revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code.
Language has been added to the Resolutions prohibiting the Chief Special Master and each
Special Master from engaging in practice where he/she represents a client in a manner adverse
to the interests of the City of Miami Beach, and from lobbying the City during his/her service with
the City. Mr. Zamora was first appointed as the Chief Special Master for the City of Miami Beach
on the April 23, 2014 City Commission Meeting.
Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes
the areas of probate administration, probate litigation, guardianship, estate planning and elder
law. He is also a certified civil mediator. He is the chair of the Guardianship Committee of the
Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he
represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University
School of Law where he teaches Elder Law. He is the past chair of the Probate and
Guardianship Committee of the Dade County Bar Association, where he also served as Vice-
Chair and Secretary. Mr. Zamora has served as general counsel, director and president of the
South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian
Advocate and Special Public Defender in Baker Act proceedings for the last seven years. Mr.
Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the
Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service
Award in 1999 from the Association for Retarded Citizens, South Florida.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a
Master of Business Administration (1975) and a Master of Science Management in Accounting
and Taxation (1981) from Florida lnternational University; and a Bachelor of Science in
Electrical Engineering (1971) from the University of Florida. A copy of Mr. Zamora's resume is
attached for your review.
Statistics:
1. Since May 1 ,2014, the hearings have concluded as follows:
7:52 p.m."
4:50 p.m.
7:15 p.m.*
5:39 p.m.
6.53 p.m.*
4:48 p.m.
4:30 p.m.
4:41 p.m.
7:27 p.m.*
7:09 p.m.*
5:50 p.m.
7:01 p.m.*
6:39 p.m.*
7:52 p.m.*
6'.42 p.m.*
4:29 p.m.
Cases labeled with an asferisk (*) include a night session, commencing at 6:00 p.m.
2. The Office of the City Clerk has received neither formal complaints nor internal complaints
against the Chief Special or the Special Masters since the appointment of Enrique Zamora
as Chief Special Master on April 23,2014.
May 8
May 15
May 22
May 29
June 5
June 12
June 19
June 26
July 3
July 10
July 17
July 24
August 7 -
August 14 -
August 21 -
August 28 -
145
CONCLUSION
Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will continue to serve this City with honor and distinction, and his reappointment will
best serve the interests of the City. As such, the subject Resolutions should be adopted.
JLM/REG(6
T:\AGENDA\2014\September\Chief Special MasteTVAMORRA CHIEF SPECIAL MASTER MEMO.doc
146
Exruoue ZeN4onA, EsQ.
3@6 Avietion Avenue. Penrhouse iC Cotonur Grove Florida 33 733 5 305-285-0285
LpcerExpeRENce
ZAM0RA & Hu,t lrqN
3006 Aviation Avenue, Penthouse 4C, Coconut Grove, Florida 33 I 33 - 2000 - present
Areas of Concentration: Elder Law, Probate & Guardianship administation, litigation
and mediation, Trust Arlministration & Litigation, Estate Pianning.
L,lw Orncrs oF ENRreuE ZAMoR{
I I02 Ponce de Leon Blvd., Coral Gables, Florida 33134 - 1997 - 2040
Areas of Concentration: Elder Law and Probate & Guardianship litigation, Trust
Administration, Estate Planning, Real Estate.
PEREZ-ABREU, Zauonl, lfn lMax & MlnTm,r-LlvrELLE, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Partner, 1987 ' 1997
Areas of Concentation: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate plann[pg, Corporate, Conhact and Business Law and related litigation;
Real Estate.
Lpcal Actlvtrtes
$ Past Chair ofthe Elder Law Section of the Florida Bar
S Past director of the Florida State Guardianship Association
S Past director of the Foundation for lndigent Guardianship
S Member and former chair of the Probate & Guardianship Committee of the Dade
County Bar
S Guardianship Task Force - Elder Law Section Representative
S Former Chair of the Grievance Committee l ln D of the Florida Bar
S Special Master for the City of Miami Beach
S SpecialMagisrate over Baker Act proceedings & Marchman Act proceedings
g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, 116 Judicial
Circuit ofthe State of Florida Miami-Dade County - Probate Division
TpeCuNqC ACTIVITIES
SL Thomas University School of Law- 2044 - present.
Adjunct Professor of Law - Elder I-aw and Guardianship
Mianni-Dade Comm. College-Professional Guardianship Program- 1998 - 2004.
Lead lnstuctfi & Planning Committee Chair of the course for Professional Guardians
Uuiversity of Miami - Koubek Center - September 1989 - 1998
ScUOOI- OF CONTINUING STUDTES
Adjunct Professor of Business Law
CERrrrrcRttoN
Florida Bar Board Cedified in Elder Law
Florida Supreme Court Certified Civil Mediator
147
HONoT.S AND AWARDS
Super Lawyers list, by Florida Super Lawyers Magazine as a top attomey in Florida for
2012,2013 &2014
Top Lawyers of South Florida 2013
St. Thonnas Universify School of Law - Outstanding Teaching Award - 2013.
St Thomas University School of Law - SBA - adjunct professor award 20 i4
Pro Bouo Award from the Dade Coarnfy Bar Association and the Ilth Judicial
Circuit 2008 For Guardianship services rendered.
Put Something Back - Richard C. Milstein Excellence Award '200'7
Dade County Bar Association Award (2001-2002)For exceptional sen'ice as CHAIR of
the Probate & Guardianship Committee.
Dade County Bar Association Award (2000-2001)For exceptional service as CHAIR of
the Probate & Guardianship Commiuee.
Dade County Bar Association Award (1999-2000)For exceptional service as CHAIR of
the Probate & Guardianship Committee.
Selu{TNARS / pReseNTetoNs
Dade County Put Something Back- Fees, Fees and More Fees
Speaker
Offered by the Dade County Bar Association'Januqry 15, 2014
Elder Law Section - Annual Review - Guardianship
Speaker
January 18,2014
Elder Law Section -Essentials of Elder Law
Speaker
Jarutary 17,2014
16'E ANITU.{I UNPROGRAM -..MEET THE EXPERTS''
OFFERED BY THE ACA.DEIVIY oF FIoRDA EIorn LAW ATTORNTYS - STTAXTT
OcroBER 1 i,2013
The Probate Team 2013 - Closing Guardianships into Estates
Speaker
Offered by the Florida Legal Education Association - October 4, 2013
ISM ATT}IUAI UNPROCRANI _"MEETTFF, EX}ERTS"
OFFERED BY THE ACADEMY OF FLORIDA EI.DTN LAW AI-IORNEYS - SPr,/.XM
DECEMBER 15,2OI2
Florida State Guardianship Association- 25th Annual Conference:
Offered by the Florida State Guardianship Association- - Speaker
4-hour Initial Examining Committee training
March 2012
Florida State Guardianship Association- 24th Annual Conference: Sotving the
Mysteries of Guardian sbip- Sp e ake r
Offered by the Florida State Guardianship Association- July 201 i
148
Personal Trust Fiduciary Training
Offered by Morgan Keegan University ' Speakzr
April5,2011
Probate & Guardianship: A View f,rom the Bench and Bar
Offered by the Dade County Bar Association Probate & Guardianship Committee and
Legal AidlPut Something Back - Speaker
March 11, 2011
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar B January 20.I I
Elder Law Section Annual Retreat- Program Co-Chair
Offered by the Florida Bar- October 2010
2010 Florida State Guardiansbip Annual Conference
Elder Law Certification Exam Review Coume
Offered by the Florida Bar - Speaker
January,2010
Guardianship Team 2009
Offered by the Florida Legal Education Association- ' Speaker
February 2009
Eouc.c.rIoN
Uxlvensrry OF MIAMI - SCHOOL OF LAW
CoRAL Gesrrs, Floruon
JIHSDacroRDrcaro, 1985, CUM LAuor-May 1985
F'LoRIDA INTERNATIONAL U\Tv ERSITY
MlAl"rI, Ft-oruoa
Mesrm o F B ustNESS ADt twtsraeno tt, I 97 5
MestmorScIENCE N MANAGEMENT, (Accounting & Taxation) /98/
Ur.nwnsrrv or FLoRrol
GAINESVILLE, FLORIDA
B AC H E LOR O F SANYCE W EUCT RI C A L ENGTNEEN NO, ] 9 7 I
PnoTpSSTONAL MEMBERSHIPS
The Florida Bar
Executive Committee of the Elder Law Section - Florida Bar (past chair)
The Real Property, Probate and Trust Law Section - Florida Bar
NAELA (National Academy of Elder Law Attomeys)
AFELA (Academy of Florida Elder Law Attomeys)
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association - former board mernber
South Florida Guardianship Association - past President
149
PususHEo Woms
St. Thomas Law Review
Long Term Care Insurance: A Life Raft for Baby Boomers
Volume 26, Fall 2013 - lssue 1
SL Thomas Law Review
Examining Committee Reports as a Basis to Dismiss Petitions to Determitre Incapacity: A
Question of Admissibility and Evidentiary Relevancy
Volume 25, Summer 2013 - Issue 3
St. Thomas Law Review
Impact of the Cuban Embargo on Inheritances by Cuban Nationals
Volume 24, Summer 2012 - Issue 3
Elder Law Advocate-
Two out ofthree reports and you're out - But should you be?
Volnme XX, No.3 - Fall 2012
Elder Law Advocate-
The right to bear arms as a removable right in incapaciry proceedings
Volume XIX B No. I B Spring 2011
Elder Law Advocate-
The issue ofstanding in guardianship litigation
Volume )flfill B No. 3 B Fall 2010
Elder Law Advocate-
The use of the Baker Act and its alternatives
Volume XVII B No. 3 B Fali 2009
Elder Law Advocate -
Dealing *'ith foreip rvards and their inveslroents
Volume XVI - Volume Two - Winter2008
Florida Journal of International Law, University of Florida l,evin College of Law- "Obstacles
Encountered Representing the Interests of Cuban Nationals in the American Courts" - Spring 2003
Volume XV Number 3.
150
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE C!ry
OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON OCTOBER 24,2014 AND ENDING ON APRIL 23,2015;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL
BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND COUNry CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPEGIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN GHAPTER 30 OF THE C!ry CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters are authorized to hold
hearings and impose fines, liens and other non-criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointment of Enrique
zamora, Esq., as chief Special Master for the city of Miami Beach, for a term
commencing on October 24,2014, and ending on April 23,2015; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
151
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Enrique Zamora, Esq., to serve as Chief Special Master, for a term commencing on
October 24,2014, and ending on April 23, 2015; provided further that as Chief Special
Master, Mr. Zamora shall be authorized to hold hearings and impose fines, liens and
other non-criminal penalties against violators of City and County Codes and Ordinances,
and shall also be authorized to appoint such other Special Masters as may reasonably
be required to conduct the subject hearings; and further incorporating all other matters
set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37
and 30-38 thereof, concerning the compensation of the Chief Special Master.
PASSED and ADOPTED this _ day of September,2014.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
APPROVED AS TO
FORM & I.ANGUAGE
& FOR EXECUTION
T:\AGENDA\2014\SeptembeAChief Special MasteTVAMORRA CHIEF SPECIAL MASTER RESO.doc
152
RESOLUTION NO.
A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTtoN 102-356 OF THE Ctry CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
roz..rseorrJitirlL=.,8il,fl il3S5[,i;;?5i'33i,il=|,t?^i8'i=""r'l;J
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON OCTOBER 24, 2014,
AND ENDING ON APRIL 23,2015.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its meeting on September 10, 2014, the Mayor and City Commission
adopted Resolution No.reappointing Enrique Zamota, Esq., as Chief
Special Master, for a term commencing on October 24, 2014, and ending on April 23, 2015; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of occupational licenses, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Zamora to serve as
the City Manager's "designee," for a six (6) month term commencing on October 24,2014, and
ending on April 23,2015; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), shall be prohibited from engaging in practice where he/she
represents a client in a manner adverse to the interests of the City of Miami Beach, and shall
further be prohibited from lobbying the City during his/her service with the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND Gtry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and reappoint, pursuant to Section 102-356 of the City Code,
Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No.
), as the City Manager's "designee" under Section 102-356 of the City Code;
said designation commencing with Mr. Zamora's term as Chief Special Master on October 24,
2014, and ending on April 23,2015.
PASSED and ADOPTED this _ day of September 2014.
ATTEST:
PHILIP LEV!NE,
MAYOR APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONRAFAEL E. GRANADO,
CITY CLERK
T:\AGENOAl2014\Septembenchief Special Master\ZAMORA Chief Special Mastor Resolution Chapter 102.doc
153
THIS PAGE INTENTIONALLY LEFT BLANK
154
COMMISSION ITEM SUMMARY
Condensed Title:
neSoIuTIoN oF THE MAYoR AND cITY coMMISSIoN oF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUAL|FICATTONS NO. 2014-050-SR (THE RFQ), FOR A MASTER PLAN OF THE
LINCOLN ROAD DISTRICT.
Advisorv Board Recommendation :
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Environmental Scan, etc: N/A
@CommissionapprovedtoissuetheRequestforQualifications(RFQ)No.2014-050-SR'on
May 2,2014, the RFQ was issued. A voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on May 22,2014. RFQ responses were due and received on June 19,2014. The City
received a total of six (6) proposals.
The Evaluation Committee appointed by the City Manager reviewed proposals, and interviewed responsive proposers in
order to establish a ranking of responsive proposers to be considered by the City Manager. The results of the
evaluation committee process were presented to the City Managerfor his recommendation to the City Commission. The
evaluation process resulted in a tie between B.l.G. Architecture D.P.C. and James Corner Field Operations.
ln light of the numerical tie in the rankings by the Evaluation Committee, the City Manager engaged in more intense due
diligence, including reviewing all the written proposals and listening to the recordings of the oral presentations to the
Evaluation Committee. Fortunately, the scoring made it clear that the two evenly ranked teams stood out above the
rest of the field, and therefore the City Manager was able to focus his review on the two teams. Furthermore, the tie
reflected that both teams are truly outstanding and the City Manager believes either team would be capable of
delivering an excellent work product.
Based on the City Manager's review, he is recommending the team led by James Corner Field Operations. First, the
City Manager was impressed by the team's collective significant experience with projects in South Florida. That
experience and understanding of the local market and community will hopefully lead to a master plan that reflects the
character and history of Miami Beach and South Florida. Secondly, the James Corner team appears to have more
experience with urban streetscape and retail projects, particularly redesigning existing historic commercial corridors.
Lincoln Road is, after all, an outdoor urban retail and restaurant street experience, not a park or a mall. Finally, the City
Manager was glad to see that the team was structured to include specialists in Transportation, Parking and Accessibility
planning. The long term viability of Lincoln Road, and perhaps all of Miami Beach, is heavily impacted by mobility and
accessibility issues. No master plan would be complete that does not address these issues. Again, the City Manager
reiterates that there is no wrong decision here. The City has the luxury of having two excellent teams that ended in a
tie. However, we can only select one team. Based on the City Manager's analysis set forth above, he hereby
recommends selection of the James Corner Field Operations team.
Therefore, the Administration recommends that the Mayor and City Commission hereby accept the recommendation of
the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2014-050-SR (the
RFQ), for a Master Plan of the Lincoln Road District; authorizing the Administration to enter into negotiations with
James Corner Field Operations, LLC; and should the Administration not be successful in negotiating an agreementwith
James Corner Field Operations, LLC, authorizing the Administration to enter into negotiations with B.l.G. Architecture,
DPS; and should the Administration not be successful in negotiating an agreement with B.l.G. Architecture, DPS,
authorizing the Administration to issue a new RFQ; and further authorize the Mayor and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
RECOMMENDATION
the Resolution.
Financial lnformation:
Financial lmpact Summary: Account information and availability of funds shall be verified and approved for each
request prior to procuring the services. The funding and accounts noted above are anticipated FY 2015 budget
amounts. Should additional funding be required due to increased need of services, it will be subject to the review and
City Center RDA Capital- Fund 365
ster Plan Lincoln Road -
BA?E155
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
he City Co
DATE: September 10,2014 t
-*l
lr
SUBJECT: A RESOLUTION OF THE MAYOR \qNO CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFIGATIONS NO. 2014-050-SR (THE RFQ), FOR A MASTER
PLAN OF THE LINCOLN ROAD DISTRICT.
ADM! NISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Maximize The Miami Beach Brand As A World Class Destination
FUNDING
Funding for this project will be as follows:
City Center RDA Capital- Fund 365
$: 500,000 (Budgeted)
BACKGROUND
The City is engaging in a process to develop a master plan for the Lincoln Road pedestrian
retail destination which is wholly owned by the City. The objective of this Request for
Qualifications is to enter into a contract with a responsive and responsible contractor to
undertake a master planning process for Lincoln Road improvements, including a historical
overlay assessment, and a conceptual master plan, to address the overall condition of many of
Lincoln Road's structures, surfaces and systems which are in poor condition and in general
need of a refresh or replacement. Although $20 million is programmed over two years in the
City's adopted Capital lmprovement Program (FY 2014115 and FY 2015/16) for upgrading the
Lincoln Road venue, there is no master plan in place to provide an overall comprehensive plan
or specifications for the use of the funds.
RFQ PROCESS
On April 23, 2014, the City Commission approved to issue the Request for Qualifications
(RFO) No. 2014-050-SR. On May 2, 2014, the RFQ was issued. A voluntary pre-proposal
conference to provide information to the proposers submitting a response was held on May 22,
2014. RFQ responses were due and received on June 19,2014. The City received a total of
six (6) proposals.
The City received proposals from the following firms:
B.l.G. Architecture D.P.C.OMA*AMO Architecture P.C.
James Corner Field Operations RMA, LLC
MELK Urban Design, LLC Sol-Arch
156
Commission Memorandum - Request for Qualifications No. 2014-050-SR (The RFQ), for a Master Plan
of the Lincoln Road District.
September 10,2014
Page2
On July 21,2014, the City Managervia Letterto Commission (LTC) No.250-2014, appointed
an Evaluation Committee (the "Committee"), consisting of the following individuals:
o Lyle Stern, President, Koniver Stern Group. Stephen H. Bittel, Chairman, Terranova Corporation. Mitch Kaplan, Owner, Books and Books. Ricky Arriola, Chief Executive Officer, lnktel. Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach
The following individuals were appointed as alternates:
. Steve Adkins, President & CEO, Miami-Dade Gay & Lesbian Chamber of
Commerce. Betsy Wheaton, Assistant Building Director/Environment & Sustainability; and
On August 5,2014, the City Manager via Letter to Commission (LTC) No. 268-2014, revised
the Evaluation Committee (the "Committee"), as follows:
. Lyle Stern and Steve Adkins were removed due to scheduling conflicts
. Stephen H. Bittel was removed due to a conflict of interest with a firm that was
part of a proposer's team. Steve Gombinski, President, General Partner of Gombinski Properties Limited
Partnership was added. Trudy Cejas, Resident and Property Owner, was added
The Committee convened on August 6,2A14 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in Appendix A.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
ln light of the numerical tie in the rankings by the Evaluation Committee, the City Manager
engaged in more intense due diligence, including reviewing all the written proposals and
listening to the recordings of the oral presentations to the Evaluation Committee. Fortunately,
the scoring made it clear that the two evenly ranked teams stood out above the rest of the
field, and therefore the City Manager was able to focus his review on the two teams.
Furthermore, the tie reflected that both teams are truly outstanding and the City Manager
believes either team would be capable of delivering an excellent work product.
Based on the City Manager's review, he is recommending the team led by James Corner Field
Operations. First, the City Manager was impressed by the team's collective significant
experience with projects in South Florida. That experience and understanding of the local
market and community will hopefully lead to a master plan that reflects the character and
history of Miami Beach and South Florida. Secondly, the James Corner team appears to have
more experience with urban streetscape and retail projects, particularly redesigning existing
historic commercial corridors. Lincoln Road is, after all, an outdoor urban retail and restaurant
street experience, not a park or a mall. Finally, the City Manager was glad to see that the
157
Commission Memorandum - Request for Qualifications No. 2014-050-SR (The RFQ), for a Master Plan
of the Lincoln Road District.
September 10,2014
Page 3
team was structured to include specialists in Transportation, Parking and Accessibility
planning. The long term viability of Lincoln Road, and perhaps all of Miami Beach, is heavily
impacted by mobility and accessibility issues. No master plan would be complete that does
not address these issues.
Again, the City Manager reiterates that there is no wrong decision here. The City has the
luxury of having two excellent teams that ended in a tie. However, we can only select one
team. Based on the City Manager's analysis set forth above, he hereby recommends
selection of the James Corner Field Operations team.
CONCLUSION
Therefore, the Administration recommends that the Mayor and City Commission hereby
accept the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Qualifications No. 2014-050-SR (the RFQ), for a Master Plan of the
Lincoln Road District; authorizing the Administration to enter into negotiations with James
Corner Field Operations, LLC; and should the Administration not be successful in negotiating
an agreement with James Corner Field Operations, LLC, authorizing the Administration to
enter into negotiations with B.l.G. Architecture, DPS; and should the Administration not be
successful in negotiating an agreement with B.l.G. Architecture, DPS, authorizing the
Administration to issue a new RFQ; and further authorize the Mayor and City Clerk to execute
an agreement upon conclusion of successful negotiations by the Administration.
JLM/MT/DM/AD/YG
T:\AGENDAVO14\SeptembeAProcurement\RFQ-2O14-050-5R Master Plan Lincoln Road - Memo
158
Ic
C
0t
UI c:!i @
gl
,4a
qHE
(r'
<t
@N N o r)(o
cc
c(
d
o o ((@
.s0
C
T:
F
oo oo oro
oo c(cc
cc5c(c
N o (i st (c
5ay>';ol6l
c
()
6 o @F.{(ca(cN
oc!c(lt
N ()\t C (l
c
a€o!u,;(o oo)cc q(F
C(
c(
oc
=c(5E
N (r
.NEPEO
SE
oo |r)o |(
d co @
@
(
d
cc
CE
(c v @
-cts<L
=s
oo No)
(c F.o oo o6
oC
=cod
(J c{(s @
>s
o:iri o No qq ol
Cr)
6
C',
ro
@
o
I
ci
o
lo
ID
=ot
9d
p
.or
ocbE()c
Ei6-!
-L
!;c,a
cc
c(I:
Y
E
Efo
o)=Eoto
=
5.'iOo-
()
JJ
E
Eo
3oa
o.E
.9.o
Eootc
ooC
=oE
oco
(L;a
G) t-a-)of2a
PH
I;fl x6f,a oztQ Ztetr HLts-<;0 tal-a<
lr, -lo-lt4s>
b rJJ
N
oz
oco
o.o:tffo
Lo
u,
0)
=o
0)t
159
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALTFTCATTONS NO. 2014-0s0-SR (THE
RFQ), FOR A MASTER PLAN OF THE LTNCOLN ROAD DISTRICT;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH JAMES CORNER FIELD OPERATIONS, L.L.C.; AND SHOULD THE
ADMINISTRATION NOT BE SUGCESSFUL IN NEGOTIATING AN
AGREEMENT WITH JAMES CORNER FIELD OPERATIONS, L.L.C.,
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH B.l.G. ARCHITECTURE, D.P.C.; AND SHOULD THE ADMINISTRATION
NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH B.I.G.
ARCHITECTURE, D.P.C., AUTHORIZINGTHE ADMINISTRATION TO ISSUE A
NEW RFQ; AND FURTHER AUTHORIZING THE MAYOR AND CITY GLERK
TO EXEGUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications No. 2014-050-SR (the RFa) was issued on May
2,2014, with an opening date of June 19,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on May 22,2014; and
WHEREAS, the City received a total of six (6) proposals; and
WHEREAS, on July 21, 2014, the City Manager via Letter to Commission (LTC) No.
250-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
o Lyle Stern, President, Koniver Stern Group. Stephen H. Bittel, Chairman, Terranova Corporationo Mitch Kaplan, Owner, Books and Bookso Ricky Arriola, Chief Executive Officer, lnktel. Carmen Sanchez, Deputy Director, Planning Department, City of Miami Beach
The following individuals were appointed as alternates:
. Steve Adkins, President & CEO, Miami-Dade Gay & Lesbian Chamber of
Commerceo Betsy Wheaton, Assistant Building Director/Environment & Sustainability; and
WHEREAS, on August 5, 2014, the City Manager via Letter to Commission (LTC) No.
268-2014, revised the Evaluation Committee (the "Committee"), as follows:
. Lyle Stern and Steve Adkins were removed due to scheduling conflicts. Stephen H. Bittel was removed due to a conflict of interest with a firm that was
part of a proposer's team. Steve Gombinski, President, General Partner of Gombinski Properties Limited
Partnership was added. Trudy Cejas, Resident and Property Owner, was added; and
160
WHEREAS, the Committee convened on August 6, 2014 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: B.l.G. Architecture D.P.C. and
James Corner Field Operations, L.L.C. both tied as the top-ranked firms, MELK Urban Design,
LLC, second highest ranked; OMA"AMO Architecture P.C., third highest ranked; RMA, LLC,
fourth highest ranked; and Sol-Arch, fifth highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with James Corner Field Operations,
L.L.C.; and should negotiations fail with James Corner Field Operations, L.L.C., the City
Manager recommends that the Administration be authorized to enter into negotiations with
B.l.G. Architecture D.P.C.; and should negotiations fail with B.l.G. Architecture D.P.C., the City
Manager recommends that the Administration be authorized to issue a new RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-050-SR (the RFQ), for a Master
Plan of the Lincoln Road District; authorizing the Administration to enter into negotiations with
James Corner Field Operations, LLC; and should the Administration not be successful in
negotiating an agreement with James Corner Field Operations, LLC, authorizing the
Administration to enter into negotiations with B.l.G. Architecture, D.P.C; and should the
Administration not be successful in negotiating an agreement with B.l.G. Architecture, D.P.C.,
authorizing the Administration to issue a new RFQ; and further authorize the Mayor and City
Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
PASSED AND ADOPTED this
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\September\Procurement\RFQ-2014-050-SR Master Plan Lincoln Road - Resolution.doc
day of
,8ffixlRsiB,
Lffi:*O}!lO
mtor.'e Sly Dote
161
THIS PAGE INTENTIONALLY LEFT BLANK
162
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving
Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase And lnstallation
Of Mutualink Peer-To-Peer lnteroperable Network Access Multimedia Communications Platform To
lnclude Software Licensing, Upgrades, Annual Maintenance And Training, From Mutualink lnc., The
, Manufacturer and Sole Distributor.
COMMISSION ITEM SUMMARY
Item Summa on:
Mutualink is a multi-media emergency preparedness interoperability communications platform. During an
emergency or "incident," it will allow the sharing of voice, video, data and text in a secure manner with
different entities within the City as well as other agencies and jurisdictions, and private enterprises.
Because it is an lnternet Protocol (lP) based system, it allows communication to take place from any type
of device or operating system. lt will also be used to interface with standalone Closed-Circuit Television
(CCTV) surveillance systems so they can be monitored and controlled remotely.
Mutualink's main benefit is to provide the City with a means to quickly establish effective and seamless
secure communications with the ability to share all types of digital data with multiple and diverse entities
using any type of communications device during any type of emergency or critical event.
Mutualink is the only manufacturer who offers a peer{o-peer lP based architecture which allows for
multiple forms of communications with others in its network space without a centralized server or servers.
No other company provides all of the interoperability functions (two-way radio, landline and mobile
telephone, intercom, public address, text messaging, file sharing and real time full motions video sharing)
on a single platform.
The Florida Emergency Preparedness Association (FEPA) Technology Committee independent research
found no other product on the market that provides the same suite of capabilities. There is no companyor
product offering any single vendor that provides the same level of services and functionality. Mutualink is
used both in the United States and internationality to include several branches of the United States military
and the United States Department of Homeland Security. Mutualink is the sole developer, manufacturer,
integrator and distributor of its products and services.
RECOMMENDATION
Aporove the sole source purchase.
Supporting Data (Surveys, Environmental Scan, etc.):N/A
Financial I nformation:
Source of
Funds:
Amount Account
1 $96,902.94 1 99-5691 -000674
@,,,@
2
Total $96,902.94
Fih-ancia I lmpact Su mmary:
Alex Denis, ext. 7490
fiEM C7 E
BATE q-/O'/C/MIAMIBEACH 163
,tr
City of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Phillip Levine and Members of Jhe City Comm
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2.
367(D) OF THE MrAMr BEACH CrTy CODE, THE SOLE SOURCE
PURCHASE AND INSTALLATION OF MUTUALINK PEER-TO-PEER
INTEROPERABLE NETWORK ACCESS MULTIMEDIA
COMMUNICATIONS PLATFORM TO INCLUDE SOFTWARE LICENSING,
UPGRADES, ANNUAL MAINTENANCE AND TRAINING, FROM
MUTUALINK INC., THE SOLE SOURCE PROVIDER.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
FUNDING
Account Code: 199-5691-000674, Amount: $96,902.94
BACKGROUND/ANALYS
Mutualink is a multi-media emergency preparedness interoperability communications platform.
During an emergency or "incident," it will allow the sharing of voice, video, data and text in a
secure manner with different entities within the City as well as other agencies and jurisdictions,
and private enterprises. Because it is lnternet Protocol (lP) based system, it allows
communication to take place from any type of device or operating system. lt will also be used to
interface with standalone Closed-Circuit Television (CCTV) surveillance systems so they can be
monitored and controlled remotely.
Mutualink's main benefit is to provide the City with a means to quickly establish effective and
seamless secure communications with the ability to share all types of digital data with multiple
and diverse entities using any type of communications device during any type of emergency or
critical event.
Mutualink is the only manufacturer who offers a peerto-peer lP based architecture which allows
for multiple forms of communications with others in its network space without a centralized server
or servers. No other company provides all of the interoperability functions (two-way radio,
landline and mobile telephone, intercom, public address, text messaging, file sharing and real
time full motions video sharing) on a single platform.
164
September 10,2014
Commission Memorandum
Sole Source - Mutualink
Page 2 of 2
The Florida Emergency Preparedness Association (FEPA) Technology Committee independent
research found no other product on the market that provides the same suite of capabilities.
There is no company or product offering any single vendor that provides the same level of
services and functionality. Mutualink is used both in the United States and internationality to
include several branches of the United States military and the United States Department of
Homeland Security.
Mutualink is the sole developer, manufacturer, integrator and distributor of its products and
services.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, authorizing the sole source procurement, pursuant to Section 2-367 (d) of the Miami
Beach City Code, from Mutualink lnc., for the Peer-To-Peer lnteroperable Network Access
Multimedia Communications Platform, to include installation, software licensing, upgrades, annual
maintenance and training.
JLM/MT/CT/AD
T:\AGE N DA\201 4\1 OSept\Sole Source - Mutualink - Mem o.doc
165
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAM! BEAGH, FLORIDA, APPROVING, PURSUANT TO
sEcTtoN 2-367 (d) OF THE MIAM| BEACH CITY CODE, THE SOLE
SOURCE PURCHASE AND INSTALLATION OF MUTUALINK PEER.TO-
PEER INTEROPERABLE NETWORK ACCESS MULTIMEDIA
COMMUNICATIONS PLATFORM TO INCLUDE SOFTWARE LICENSING,
UPGRADES, ANNUAL MAINTENANCE AND TRAINING FROM
MUTUALINK, INC., THE SOLE DEVELOPER, MANUFACTURER,
INTERGRATOR AND SOLE DISTRIBUTOR.
WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase of Mutualink peer-to-peer interoperable network access
multimedia communications platform, to include software licensing, upgrades and training,
is available from Mutualink lnc., the developer, manufacturer, integrator and sole distributor;
and
WHEREAS, the Procurement Director has determined that Mutualink lnc., is the
sole source and only authorized distributor for Mutualink's peer-to-peer interoperable
network access multimedia communications platform to include software licensing,
upgrades and training; and
WHEREAS, additionally, the Administration has complied with the requirements for
sole source purchases, pursuant to Section 2-367(d) of the Miami Beach City Code.
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 of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase of Mutualink's peer-to-peer interoperable
network access multimedia communications platform to include installation, software
licensing, upgrades, annual maintenance and training, from Mutualink lnc., the developer,
man ufactu rer, integrator and sole d istri butor.
PASSED AND ADOPTED THIS
ATTEST:
DAY OF ,2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
,8ffiYiR8ilB'
& FQR EXECUTIoNLU\-- \+-rkT:\Agenda\20 1 4\Septem ber 1 0\Sole Source-Mutuali n k \Reso
City AttorneY A,tr166
b t t , , , lI., t'-
:
Sole Source Procurement Request
Description of ProducVService: Mutualink
Estimated amount of this purchase: $ 156.967.28 One Time Purchase I or Recurrirg I
Department:
Contact Person:
Phone:
Due Date: fl Work must be completed by:
(check all
that apply) flMaterial/EquipmenVsupplies must be delivered by:
I Service must begin by:
Please provide the following information in order to document the sole source request and prepare the appropriate
recommendation to the City Manager and Mayor and City Commission:
Explain why the product/service requested is the only product/semice that can satisfy your requiremenls and
explain why alternatives are unacceptable. Be speciJic with regard to specifications, features, characteristics,
requirements, capabilities and compatibility. Describe what steps have been undertaken to make this
determination.
Mutualink is the only manufacturer who offers a peer to peer IP based architecture which allows for multiple
forms of communications with others in its network space without a centralized server or servers. No other
company provides all of the interoperability functions (two-way radio, landline and mobile telephone, intercom,
public address, text messaging, file sharing and real time full motions video sharing) on a single platform.
There are only a couple of companies that offer a similar product. Online research was conduct to determine the
scope and features of services provided. None of the companies offered all the features provided by Mutualink.
Mutualink's closest competitor does provide several of the same features. However, it is a software based
program and database that is designed primarily for incident response which incorporates a communications
component. A lot of what this product offers appears to be a duplication of services already in use by Emergency
Management and other departments within the City.
Explain why this service provider, supplier, or manufacturer is the only practicably availsble source from
which to obtain this product or semice and describe the efforts that were made to verify and conJirm whether,
or not, this is so.
Mutualink is the manufacturer and the sole distributor of their technology. (See attached letter.)
Will this purchase obligote us to a particular vendorforfuture purchases?
Yes, there is an annual access fee that covers software licensing, software upgrades, remote monitoring of
endpoints and remote monitor for support and training purposes. Additional or "like" items in the future are
optional and the decision not purchase additional items will not impart the use and functionality of what is being
considered for purchase.
Explain why the pricefor this product or semice is considered to befoir ond reasonable.
All but one of the line items is on GSA Schedule 70 (Contract No. GS35F0006W). The one item not on the
schedule, the Edge Client Software, is being submitted for scheduling.
t.
2.
3.
4.
167
5.Describe the negotiation effofis, tf any, which have been made with the supplier to obtain the best possible
price.
Mutualink is the manufacturer and sole distributor for this product. No efforts have been made to negotiate a
lower price.
Exploin the consequence(s) to the City or Public, including a dollar estimote of thefinancial impact, if this
Sole Source is not approved.
There would be no negative consequences if this sole source is not approved.
Industry Independe nt Standard Review.
See attached letter from the Technology Committee Chair for the Florida emergency Preparedness Association.
(FEPA).
I hereby request that a Sole Source be approved for the procurement of the above statement of work, material, equipment,
commodity, or service.
Department Director's Name: Charles Tear
-z-//
Signature Z/<-
6.
168
REDEFINING INTEROPERABILITY
l269SouthBroadStreetlWallingford,CT 06492lPhone:(866)957-5465lFax:(2O3)269-2378 lwww.mutualink.net
Chante Order Miami Beach PO 02489561til04 DatetTl3lL[
@.r:r
,.Inartl locscrpuon f Qtr Tr s 8,000.00s s 8,000.00M960-980-001 ML Edge Client 5W, Per Named Agencyuser 1
M960-980-005 ML Edge Client SW Concurrent Users 2-5
M960-980-025 ML Edge Client 5W Concurrent Users 6-25
4 s 4,606.00 s20 s 1,291.00 s
- S LB,4z4.oo
- S 2s,82o.oo
M960-985-00lMLEdgeClientSWAnnualFee-User1(pernamedagency)1SzOO.OOSS700.00
M960-98s-00s
M960-985-100
M500-915
M840475
Ms00-240-001
M980-100-001
M980-200-001
M940-100-100
M990{01-001
Misc
M990-240-001
M960-240-00
ML Edge Client SW Annual Fee Concurrent Users 2-5
ML Edge Client SW Annual Fee Concurrents User 6-25
Mutualink Panic Button Bundle
Stand Alone Streamin&/Recording Video Appliance -
Epiphan
VNIC
Network Access Provisioning - Mutualink lnterop P2P
Network
Config - Mutualink lnterio P2P Network
Misc Hardware
Staging - Additional & Custom
Misc Hardware
Staging -VNIC
VNIC - lnterop P2P Network Access
qS
20S
ES
204.20 5 S
lsg.so S S86s.oo S
2,100.00 s
s,484.00 S (s97.73) S
94s.00 s (40.47) 5
1,620.00 S (69.37) S
12s.00 s (s.3s) s
13s.oo s (e.781 s1s.19 S
s4o.oo S (23.121 S
822.00 s (89.46) s
816.80
3,190.00
2,595.00
6,300.00
14,658.81
904.53
1,550.63
837.55
75132
15.19
1,550.64
2,197.62 5
1
1
7
6
L
3
3
s
s
s
s
s
s
s
s
s 88,312.09
M500-240-001
M980-100-001
M980-200-001
M990-240-001
M960-240-00
VNIC
Network Access Provisioning - Mutualink lnterop P2P
Network
Config - Mutualink lnterio P2P Network
Staging -VNIC
VNIC - lnterop P2P Network Access
1
1
1
L
s
s
s
s
Unlt P.li:.
5,484.00
Unlt Dlrc
s (se7.73) s
Ec.nd.d Pdco
4,886.2t
Subtotsl ASencI
8,s90.8s
94s.00 5 (40.47) S
1,620.00 s (69.37) $
s4o.oo S (23.12) S
822.00 s (89.46) s
904.53
1,550.63
516.88
732.s4 5
96.902.94
Approval for Change Order
Signature:
Date:
169
Mr. Paul G. Seldes
2046 Treasure Coast Plaza, A-288
Vero Beach,FL,32960
August 15,2014
Mr. Eric J. Kolbinsky
Emergency Management Specialist
City of Miami Beach, Office of Emergency Management
2310 Pine Tree Drive,3rd Floor,
Miami Beach, FL 33140
Dear Mr. Kolbinsky:
The Florida Emergency Preparedness Association (FEPA) Technology Committee received your
request to evaluate the Mutualink EDGE platform. The committee members have broad
experience with public safety technologies across a wide range of capabilities and functions. In
looking at the Mutualink product we found a very strong, robust communication and
collaboration platform that is extremely secure and flexible.
Conducting some independent research, we are not aware and were unable to find any product on
the market that provides the same suite of capabilities. There is no company or product offering
from any single vendor that provides the same level of services and functionality. The Mutualink
platform is in use both in the US and internationally. Mutualink is also used by several branches
of the US military and the US Dept. of Homeland Security.
Please feel free to contact me with any further questions.
Sincerely,
' ,,,
t
,,,-r++a'-tr{ ,
,
Mr. PaulG. Seldes
Technology Committee Chair
Florida Emergency Preparedness Association (FEPA)
772-492-0069
paul.seldes@fepa.org
170
August 25,2014
To Whom It May Concern:
Mutualink, the developer, manufacturer and integrator of a peer-to-peer interoperable
multimedia communications platform and the !RAPP Network is the only current source
for the technology in Florida.
Our requirements of honoring the best possible price and service to Federal, State and
local governments have caused Mutualink to establish a price structure that reflects the
same pricing across multiple contracts inclusive of GSA Schedule 70 and 2 State
contracts that we currently hold. lt is this price structure that is being offered to Miami
Beach at this time.
Respectively,
Mark Hatten
CEO/Chairman
171
Mutualink, lnc.
I 269 South Br0,rd Strcct
Wallrnqford, (T 06491
P i {866) {157 5465
F I {203) ?fi9-2178
rtt u tu,: I i rrk. rrc I
luly 2,2Ot4
City of Miami Beach
Dept of Emergency Mgmt
2310 Pine Tree Drive
Miami Beach, Ft 33140
RE: New Edge Client Option, Change Order and Mutualink, lnc. Sole Source Document
To Whom lt May Concern:
Mutualink has introduced a new option this spring for the Edge Client. The ability to use Edge
@Command on Miami Beach's own WindowsTlSlS.t PCs / laptops or iOS Devices, instead of buying an
appliance lWS. This advance in technology of a software only option allows for more users than our
appliance model for less money and more flexibility. lt was not available at the time Miami Beach
started the quoting process. A change order is attached for your review and signature reflecting the
change the Mutualink Edge Software and also allowing for additional equipment for City Hall.
Please see below for information regarding sole source information for the Mutualink solution.
Provide a Mutualink, or Mutualink compatible, peer-to-peer and invitation and acceptance based ad-hoc
multi-media emergency preparedness interoperability communications solution that will provide
interoperable communications for Police, EOC and CiW and any agencies required by the
Citv of Miami Beach. The interoperability communication solution must meet the following
requirements:
It must employ a peer based lP architecture whereby each end-point can communicate with others
in its network space without a centralized server or servers;
Employ a dynamic invitation and acceptance defined interoperable communication session method
whereby a participant can initiate a session and invite other endpoints into the session, invited
participants are notified with an audible and visual invitation, and invitees can join the interoperable
communication sessions on discretionary acceptance by either accepting the invitation or rejecting
the invitation through a GUI based screen selection;
It must facilitate interoperable multi-media communications to include two-way radio, landline and
mobile telephony, intercom, Public Address, text messaging, file sharing and real time full motion
video sharing ("Communications Resources");
Each user or agency must be able to maintain discretionary, real time control of all communications
assets owned or operated by the user or agency, and allow a user to include and remove discrete
Communications Resources under the user's control at will through a GUI
The solution must use broadband internet connectivity in a network agnostic manner (terrestrial,
wireless and satellite) via dedicated or virtual connections;
172
a
a
a
Mutualink, lnc.
| 269 Soutlr llro.]d Stroot
Wallrngford. CT 06-192
P i f866) 9s7 s465
F i (201) 269 2378
nrutu.rlink.net
There shall be no requirement for the programming, input or administration of pre-established
rules, permissions or other configurations to enable endpoints to communicate and share resources
with or among any other endpoints;
The solution must be capable of seamlessly integrating and fully communicating with other existing
Mutualink or Mutualink compatible system endpoints and enable automatic discovery and updating
of endpoints across systems;
The solution must support "invitation based resource sharing" whereby participants can select and
add peers at will
The solution must allow for long running incidents where the communications session where the
participating endpoints may change in session and will continue even if the originating party
removes itself from the session
Software upgrades and updates must be remotely provided and automatically installed
Network monitoring services must be provided with network notifications
All endpoints must be encrypted and mutually authenticated using standards-based public-key
cryptography.
All media communications (voice, video, files, messages) must be encrypted using a 256 Bit or
higher AES cipher
The solution must be (1) deployed and in continual deployed use with a police, fire or emergency
management agency within a State or Region for (1) not less than one (1) year, and (2) be in use by a
minimum of 10 public safety and/or first responder entities (law enforcement agencies, Fire
Departments, Offices of Emergency Management) and with 2 or more local hospitals, and two other
critical infrastructure or key resources entities (such as schools, malls, stadiums, financial
institutions, transit or utilities) wherein all such agencies are located within a recognized regional
area or state, and each such agency can communicate with any of the others on a discretionary basis
for public safety and emergency preparedness or response interoperable communications purposes
and (3) is or has a field deployed, fully functional integrated solution with a Mutualink system or a
Mutualink compatible system that can be shown to be interconnected with a Mutualink system on a
deployed and functional basis
Must be able to connect to the IRAPP Network
Must support secure mobile clients (iOS and Windows based), with sharing of audio via PTT, text
messaging, file sharing and video.
a
a
Regards,
r^/i I I /rr.,LL)_NUI,
Dawn S Odams
Sr Director Sales Operations
( e ) dodams@mutualink.net
(pl.978-467-472t
173
THIS PAGE INTENTIONALLY LEFT BLANK
174
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving
Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Emergency
Medical, Police And Fire Priority Dispatch Systems Software, To lnclude lnstallation, Training And Annual
Maintenance, From The Sole Source Provider.
COMMISSION ITEM SUMMARY
Item Sum ecommendation:
The City of Miami Beach Public Safety Communications Unit purchased the Priority Dispatch Emergency
Medical program software in the early 2000's. This software is used by the Communications Operators to
give medical instructions as per the lnternational Academies of Emergency Dispatch (IAED) protocols.
The City's current software requires an upgrade to the Xlerator Server Suite and AQUA Quality
lmprovement Software. This software automates the entire emergency dispatch case review process. lt
assists with such tasks as data entry, compliance scoring, recordkeeping, reporting and more. lt helps the
helps us ensure that emergency dispatchers in our agency are providing quality service in compliance with
all standards established by the National Academies of Emergency Dispatch (NAED) and the lnternational
AcademiesofEmergencyDispatch(IAED) ltpinpointsspecifictrainingneedsandliabilityrisks,andhelps
the City document continuous improvement efforts.
The Public Safety Communications Unit will be pursuing the Accredited Centers of Excellence (ACE)
accreditation program offered through the NationalAcademies of Emergency Dispatch (NAED), through its
College of Fellows. This will verify through use of Protocols, work process, Standard Operating Procedure
and documentation that Communications Units provides superior, up{o-date public care and efficient
resource utilization to achieve maximum results in emergency situations.
This accreditation will allow the Public Safety Communications Unit to meet its goal of providing excellent
public care and maximize the 9'11 system's efficiency.
This purchase will include software upgrade, installation, training and annual maintenance.
Priority Dispatch Corporation holds the copyright, patents and trademarks for all their software products
and related services.
RECOMMENDATION
Approve the sole source purchase.
Supporting Data (Surveys, Environmental Scan, etc.):N/A
Financia! lnformation:
Source of
Funds;-
@"r,@
Amount Account
1 $44,405.00 1 72-9405-000343
Total $44,405.00
Financial lmpact Summary:
Alex Denis, ext. 7490
AcENDi trEM C7FMIAMIBHACHaxvs ?-/O -//175
City of Miomi Beoch, ,I700 Convention Center Drive, Miomi Beoch. Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
the City
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDNAPPROVING PURSUANT TO SECTION 2.
367(D) OF THE MIAM! BEACH CITY GODE, THE SOLE SOURCE
PURCHASE OF EMERGENCY MEDICAL, POLICE AND FIRE PRIORITY
DISPATCH SYSTEMS SOFTWARE TO INCLUDE INSTALLATION,
TRAINING AND ANNUAL MAINTENANCE, FROM PRIORITY DISPATCH
CORPORATION, THE SOLE SOURCE PROVIDER.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
FUNDING
Account Code: 172-9405-000343, Amount - $44,405.00
BACKGROUND/ANALYS
The City of Miami Beach Public Safety Communications Unit purchased the Priority Dispatch
Emergency Medical program software in the early 2000's. This software is used by the
Communications Operators to give medical instructions as per the lnternational Academies of
Emergency Dispatch (IAED) protocols.
The City's current software requires an upgrade to the XLerator Server Suite and AQUA Quality
lmprovement Software. This software automates the entire emergency dispatch case review
process. lt assists with such tasks as data entry, compliance scoring, recordkeeping, reporting
and more. lt helps the helps us ensure that emerg€ncy dispatchers in our agency are providing
quality service in compliance with all standards established by the National Academies of
Emergency Dispatch (NAED) and the lnternational Academies of Emergency Dispatch (IAED) lt
pinpoints specific training needs and liability risks, and helps the City document continuous
improvement efforts.
The Public Safety Communications Unit will be pursuing the Accredited Centers of Excellence
(ACE) accreditation program offered through the National Academies of Emergency Dispatch
(NAED), through its College of Fellows. This will verify through use of Protocols, work process,
Standard Operating Procedure and documentation that Communications Units provides superior,
upto-date public care and efficient resource utilization to achieve maximum results in emergency
situations.
176
September 10,2014
Commission Memorandum
Sole Source - Priority Dispatch
Page 2 of 2
This accreditation will allow the Public Safety Communications Unit to meet its goal of providing
excellent public care and maximize the 91'1 system's efficiency.
This purchase will include software upgrade, installation, training and annual maintenance.
Priority Dispatch Corporation holds the copyright, patents and trademarks for all their software
products and related services.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, authorizing the sole source procurement, pursuant to Section 2-367 (d) of the Miami
Beach City Code, from Priority Dispatch Corporation, for the Emergency Medical, Police and Fire
Priority Dispatch Systems Software to include installation, training and annual maintenance.
T:\AGENDAV014\1OSept\Sole Source - Priority Dispatch - Memo.doc
177
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CIry GOMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA, APPROVING, PURSUANT TO
sEcTtoN 2-367 (d) OF THE M|AMI BEACH ClTy CODE, THE SOLE
SOURCE PURCHASE AND INSTALLATION OF EMERGENCY MEDICAL,
POLICE AND FIRE PRIORITY DISPATCH SYSTEMS TO INGLUDE
SOFTWARE, TRAINING AND ANNUAL MAINTENANCE FROM PRIORITY
DISPATCH CORPORATION, THE SOLE SOURCE PROVIDER.
WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase and installation of Emergency Medical, Police and Fire
Priority Dispatch Systems to include software, training and annual maintenance is available
from Priority Dispatch Corporation, the sole source provider; and
WHEREAS, the Procurement Director has determined that Priority Dispatch
Corporation, is the sole source provider for the Emergency Medical, Police and Fire Priority
Dispatch Systems; and
WHEREAS, additionally, the Administration has complied with the requirements for
sole source purchases, pursuant to Section 2-367(d) of the Miami Beach City Code.
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 of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase and installation of Emergency Medical,
Police and Fire Priority Dispatch Systems to include software, training and annual
maintenance, from Priority Dispatch Corporation, the sole source provider.
PASSED AND ADOPTED THIS
ATTEST:
DAY OF
-,
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPf{OVED AS TO
FORM & IANGUAGE
EXECUTION
-3- t+
T :\Agenda\20 I 4\Septem ber 1 O\Sole Sou rce-Priority D ispatch\Reso
-
Dote
178
errGDispatblh-
110 South Regent Steet Suite 500
Salt Lake City, UT 841{1
(8Ol) 363-9127 * (801) 36&91,14 fal(
(800) 363-91 27 toll-free
Bill To:
Phone:
Miami Beach Police Department
Attn: Clarise Ferguson
1'100 Washington Ave, 4th Floor
Public Safety Comm Unit
Miami Beach, FL 33139
Miami Beach Police Department
Attn: Clarise Ferguson
1 100 Washington Ave, 4th Floor
Public Safety Comm Unit
Miami Beach, FL 33139
305-673-7776 Fax: 305-673-7456
Sales Quote #10/,269
by Tim Martin
Date 812712014
Ship To: Miami Beach Police Department
Attn: Clarise Ferguson
1100 Washington Ave, 4th Floor
Public Safety Comm Unit
Miami Beach, FL 33139
For:
Qtv
1
3
3
1
1
1
1
Description
Xlerator Server Suite 31-40 Users (North American English)
Client server software application suite
AQUA QA/QI Base Software License (Medical - Standard - North American English)
Quality lmprovement software base engine
AQUA Discipline Modules (Medical - Evolution - Standard - North American English)
Licensed discipline modules for AQUA
AQUA Software Training (North American English)
8-hour course
Accredited Center of Excellence Application Fee (Medical)
IAED fee for accreditation
Project ManagemenVlmplementation Support (Medical)
lmplementation support and quality management program development
Annual Maintenance - Basic Package (ESP) for AQUA Software (North American English)
License renewal, service and support
Unit Price Extended Price
$7,000.00
$1,900.00
$800.00 $2,400.00
$1,500.00
$2,250.00
$27,000.00
$1,215.00
$7,000.00
$5,700.00
$3,000.00
$2,250.00
$27,000.00
$1,215.00
Sub-Total:
Discount:
Tax:
Shippinq & Handlinq:
$48,565.00
$4,200.00
$0.00
$40.00
Total:
This quote is valid for 120 days from date of issue. Unless otheruuise agreed to in writing, all prices quoted are exclusive of any
applicable sales, use, withholding and other taxes, duties, or government assesments relating to this transaction, which are
the sole obligation of Buyer. Payment terms are Net 30 unless othenruise noted.
Seller will use reasonable efforts to deliver products on time, but will not be liable for any expenses or damages incourred as a
result of late delivery or for circumstances beyond Seller's reasonable control. Shipments are made F.O.B. origin, which is
Salt Lake City, UT, USA. All insurance expenses and risk of loss are assumed by Buyer.
Purchasing or signing below acknowledges your agreement to the terms above and to the "break the seal" or "click to accept"
license agreement associated with the licensed product(s). The license agreement is included with the licensed product(s)
and you will have the opportunity to read it before opening or installing. lf unacceptable, you may return the licensed
product(s) within 10 days of receipt for a refund, less any applicable restocking fees and original shipping charges"
"To lead the creation of meaningful change in public safety and health."
$44.405.00
Page 1 of 1 Generated: Bl27 12014 7 :52 AM
179
errffiEDispa{ch-
MEMORANDUM OF SOLE SOURCE
Emergency Medical Dispatch Systems
24 March 2014
Priority Dispatch Corp. is the only all-purpose and comprehensive EMD systems provider company in the
world. This includes the following exclusive areas within Emergency Medical Dispatch:
1) Only provider of Expert System EMD calltaking software (a1so available in Spanish)
2) Only provider of frrlly two-way CAD integrated EMD software system (a1so available in Spanish)
3) Only provider of Automated Quality Assurance EMD Case Review software
4) Only provider of 24hourl7daytechnical support service for EMD-related software
5) Only contracted provider of the International Academy of EMD's unified protocol (Medical
Priority Dispatch System) version 12.2 (also available in Spanish)
6) Only contracted provider of the International Academy of EMD's unified protocol (N{edical
Priority Dispatch System) version 12.2 OMEGA
7) Only contracted provider of the IAEMD's Principles of Emergency Medical Dispatch, 46 Edition
8) Only provider of Comprehensive lmplementation of MPDS Consulting Services (IAEMD
Accreditation Eligibility services)
9) Only contracted EMD Instructor Training organization through IAEMD
10) Only contracted EMD-Q Training organization through IAEMD
11) Only contracted National Q comprehensive quality assurance progam
12) Only contracted EMD International EMD Leadership Certification Seminar Training organization
though IAEMD
13) Only EMD CD-ROM-based continuing education program provider
14) Only contracted provider of IAEMD standards and versions update materials
15) Only provider of automated EMD Dispatch Diagnostics (Agonal Breathing Detector Dx, Pulse
Check Dx, CPR Compressions Monitor and Metronome, Childbirth Contractions Timer Dx,
Stroke Diagnostic Tool D4 Aspirin Diagnostic and Instruction Tool, Meningitis Diagnostic Tool)
Prionty Dispatch takes pride in being the sole source for the majority of EMD-related systems and services
and is generally acknowledged as both the inventor of the science and the leader in the field of EMD.
Cc: Office ofthe President
Contracts Division
Director of Sales and Service
Director of Consulting' Director ofTechnical Support
Director of Software Development Group
Director of International Services
Manager of Research
Manager of Standards and Translation
Manager of Quality Assurance
o2014 PDC
PruOfury DISPICH YSTTMS
PROTOCOLS
31Years of Meantughl Chinge
March24,2014
USA . phone: 800.363.9127 tax:80't.363.9144
I of 1
on is required, please contact me directly.
Jeff J.
CEO
/Division of Research & Standards
110 South Regent Street, Suite 500 . Salt Lake City, Utah 84111180
Legal I Priority Dispatch Corporation
Legal
Privacy Policy
lntellectual Property Rights
Medical Priority, Priority Dispatch, AMPDS@, MPDS@, FPDSTM, PPDSTM, Oispatch Life Support, Zero-Minute Response Time, First at Helping
People FirstrM, ProQA@, AQUATM, the ProQA logo, the AOUA logo, and the caduceus logo are trademarks or service marks of Priority
Dispatch Corp.r" evolved from Medical Priority Consultants, lnc il The Academy accepts no other liability or obligation with respecl to
references used here. This content is fumished for infomational use only and is subject to change withoul notice. The mpyright holders and
aulhors assume no responsibility of liability for any errors, omissions, or inaccuracies made. Copyrights have been registered for the products
produced by PDCru. Patents have also been granted for the MPOS, FPDS, and PPDS software and cards. Protections provided under U.S.
Patent and Copyright Laws and under lntemational Convenlions on lntellectual Property Rights make it an illegal offense to duplicate anything
in the producls or this site, in whole or in part and in any form, without the express, prior, written consent of the copyright and patent holders
(who are receptive to reasonable requests for such permission). For lilPDS@ Cards and ProQA@ Software: U.S. Patents 5,857,966; 5,989,187;
6,004,266; 6,010,451; 6,053,864; 6,076,065; 6,078,894; 6,1 06,459; 6,607,481. For AQUA Software: U.S. Patent 6,078,894. The content of this
site is furnished for informational use only and is subject to change without notice. The copyright holders and authors assume no responsibility
of liability for any erors, omissions, or inaccuracies within this site.
Public Safety Priority Dispatch Systems Warranty, Liability, and lndemnificalion lssues Priority Dispatch Corp.
Priority Dispatch Corp.ru (PDC) provides Public Safety Pnority Oispatch Systems (PSPDSs) products and related services. PDC's Police
Priority Dispatch SystemrM (PPOSTM), Fire Priority Dispatch SystemrM (FPDSTM), and its Medical Priority Dispatch System@ (MPDS@)
protocols, cards, and software are central to such products and services. The PPDS and FPDS have been derived from the MPDS by an
expert group of professional police omcers, firefighters, police and fire department executives, and protocol and QA,iQl experts.
PDC has implemented its PSPDS systems at thousands of emergency communications and dispatch centers, and in the llrst two decades
since Dr. Jeff J. Clawson developed the original MPDS in 1 978, it's provided Academy-certified emergency dispalcher training for more than
60,000 emergency dispatchers throughout the U.S., Canada, South America, United Kingdom, South Africa, Europe, and Australasia. The
protocols underlying these PSPDSS have been field proven for 30 years to provide significant improvements in emergency dispatching and
decision-making and appropriate telephone instructions to emergency callers.
PDC'S licensed Priority Dispatch Systemsil and related lraining programs and materials meet or exceed every standard known by PDC to be
applicable to emergency public safety dispatching. Soon afler developing these systems, PDC entrusted the National/lntemational Academies
of Emergency Dispatch@ (NAED@, IAED@, and/or lhe Academy) with the right and responsibility to modify system protocols by scientific
processes and procedures, in order to assure and maintain quality and emergency dispatch corectness. PDC develops, licenses, and
distributes unique products and services based upon these syslems.
The IAED has a College of Fellows and a Cuniculum Council, each @nsisting of widely recognized professional authorities and leaders in the
fields of public safety, protocol development, police and firefighting, QtuQl management, EMS, professional training, and continuing
professional edu€tion. The College of Fellows within the IAED is an expert body responsible for modiflcations and continuing development of
lhe universal protocol system (the Protocol) and of standards relating to the proper training and use of the PSPDSS. lt examines the Protocol to
keep it cunent based upon continuing police, fire, and EMS research and praclical field experience along with infomation from hundreds of
emergency communic€tions and dispatch centers.
Through its College of Fellows and Council of Standards, the IAED follows scientillc methods in considering submitted Proposals for Change
(PFCS). lt uses a consensus approval model for any modili€tion thereof. Vvhen changes are made by the IAED, PDC produces updates or
upgrades to the PPDS, FPDS, and/or MPDS, as may be applicable, for release to registered users of related licensed products under cunent
maintenance agreements.
PDC produces and distributes the Protocol in lormats that emergency dispatchers may easily use for identifying appropriate dispatch
Determinant Codes and response levels. Such formats include Priority Dispatch cards, software for Computer-Aided Dispatching, and software
for QA,/Ql management of Priority Dispatch operations. PDC provides licenses to users who evaluate and seled such systems as appropriate
to their use. PDC sets neither the standard nor the Protocol. PDC does not actually operate emergency dispatch centers, practie medicine, or
provide police, fire, or medical services. PDC does warrant that its PSPDSS will perform to PDC'S written specifications for them. PDC does not
wanant that such Iicensed products are either perfecl or free from any deficiency, or that they are suitable to a usel,s particular needs, whether
functional or technical.
The Cuniculum Council of the IAED establishes criteria for what and how police, lire, and medical emergency dispatchers should be trained
and tested in order to meet applicable professional training standards and to qualiry for IAED certification and registration. The Academy's
Board of Certification similady develops criteria for its certifi€tion of emergenry dispatch instructors. The IAED Board of Accreditation
develops and supervises the application of requirements for Academy accreditation of dispatch Cenlers of Excellence.
Under conlract with the Academy, PDC produces the IAED's emergency dispatch certilication training cunicula in proprietary training programs
and related training materials, which can be efficiently and effeclively presented by appropriately qualified, IAED-certified and PDC-authorized
emergency dispatch instructors. PDC contracts with such instructors to present emergency dispatch certification training courses for PDC,
using PDC'S licensed training programs and materials to train emergency dispatchers in the basics of Police, Fire, and/or Medical Priority
Dispatch and in their proper use of the applicable Protocol systems. PDC also lic€nses qualified training centers to offer ils proprietary training
program and authorizes their IAED-certified instructors to use the related training materials under the training cenlefs license. Cunently
registered and licensed cenlers and instructors are kept up-to-date with A€demy (and other) improvements to the applicable certiflcation
training cuniculum and materials through PDC's Licensed Training Maintenance Program.
Because neither an instructor nor a training program, curriculum, or materials can guarantee a lrainee's learning outcome, PDC's responsibility
is to assure that its duly cerlified, authorized, and contracled instructors do what is reasonably possible to help trainees succeed in leaming
from such training programs and materials. lfthey are successful, such trainees become IAED-certilied emergency dispatchers. Such
certillcation (and periodic re-certification) is based upon IAED testing of trainees' underslanding of key concepts from its cuniculum standard.
PDC strongly urges emergency communications and dispatch cenler managers to use PDS licensed QA,/Ql management system to influence
on-going conformance to applicable Protocol and professional standards.
Page I of2
http : //www. prioritydispatch.net/le gal 812712014181
Legal I Priority Dispatch Corporation
Public safety mmmunications and dispatch c€nters, in meeting their responsibility to select an emergency dispatch protocol system and
training program, may choose to develop their own or to acquire the right to use proprietary protocols and training programs from others. ln
either case, such centers are responsible for the evaluation, selection, operation, and use of protocol systems and training programs as they
alone determine to be appropriate to their particular needs.
By way of example, in EMS, this is equivalent to the selection and use of protocols and training programs for emergency medical programs and
techniques. An EMS provider that selects the American Red Cross training program for the American Heart Association's CPR protocol is
solely responsible for its delivery of CPR through its trained EL,lTs and paramedics. lt could not reasonably or practically expect the ARC or the
AHA to wanant either the protocol or the training, nor could it expect lo be indemnified by them against any problem, which could arise in
connection with such an EMS provideds delivery of CPR to a patient.
Vlihile no preventive measure can preclude someone from liling legal complaints of dispatch negligence against a provider agency, proper
implementalion of the appropriate Protocol system (including Academy-certification training of emergency dispatchers in its proper use and
QA/QI management systems to assure a high level of compliance to the Protocol and to the agency's policies and procedures for its use) has
proven over time to be an effective protection against such complaints. Neither PDC, nor to its knowledge any such properly licensed and
maintained user of any of its Protocol systems and related tmining and Ql/Ql management systems, has ever been charged in a dispatch
negligene lawsuit over use of the system or been challenged in any way regarding its related tEining and materials. As specified in its Client
License Agreement, PDC's consulting and expert witness seruices can be made available to licensee-users who may be confronted with
charges of dispatch negligen@. Public safety dispatch providers in most jurisdictions enjoy the added basic protections of govemmental
immunity against charges while providing this public duty function. As indicated above, the Protocol and its related systems, training progmm,
and materials have a long and wellestablished history of significantly improving the cost-efiective and appropriate dispatching of emergency
services to callers for police, fire, and medical help, as well as reducing to zero, legal claims of dispatch negligence. Prospective users are
encouraged to examine this record and to check PDC'S references. PDC encourages comparison of its ofierings with altemative systems for
the training and praclice of emergency dispatch. Licensed users are solely responsible for their selection and use of such products and
services and for the results they obtain from them.
PDC'S contracts for delivery of products and seryices are offered and priced consistently with the abovedetailed facts, policies, and
procedures.
Updated 1 1/2004
Page 2 of 2
O 2014 PRIOFITY DISPATCH CQRP HOME I LEGAL ITERMS OF USE I PRIVACY POLICY ITRADEMARKS ISITE I\,IAP
http ://www.prioritydispatch. net/legal 8t27t2014182
g AAIAMIBEACrI
Sole Source Procurement Request
Description of Product/Service : Priority Dispatch
Estimated amount of this purchase: $44,405.00 One Time Purchase fi or Recurring I
Department: Miami Beach Police Department
ContactPerson: Clarise RFerguson
Phone: 305-673-7776 ext2793
Due Date: fl Work must be completed by:
(check all
that apply) [ MateriaUEquipment/Supplies must be delivered by:
X Service must begin by: Once Agreement is reached and Contract Executed
Please provide the following information in order to document the sole source request and prepare the appropriate
recommendation to the Cily Managff and Mayor and City Commission:
1. Explain why the product/service requested is the only product/service that can satisfy your requirements and
explain why alternatives are unacceptable. Be specific with regard to specifrcations, features, characteristics,
requirements, capabilities and compatibility. Describe what steps have been undertaken to make this
determination. The City of Miami Beach Public Safety Communications purchased Prioritv
Dispatch Emerqencv Medical program software in the earlv 2000's. This software is used bv
Communications Operators to give medical instructions followins the IAED Protocols. This
software has been updated annuallv. The software now requires the XCelerator Server softwa{g
to continue operatinq. The additional is for software to complete Qualitv Assurance on the
medical calls taken by the Communications Operators and requires the additional cost for the
companv to train the users on the product. The costs also includes the Annual Maintenance
Aqreement for the Software as well as consulting . Implementation to become a certified aqency.
2. Explain why this service provider, supplier, or manufacturer is the only practicably available source from
which to obtain this product or service and describe the effons that were made to verify and confinn whether, i
or not, this is so. (Obtain and include a letterfrom the marutfacturer confirming, claims made by distributors ,
of exclusive distributorships for the product or service, tf, that is cited as a reason for this Sole Source.) "fhis ,
product purchase allows us to maintain the Emergency Medical Dispatch protocols that we currentlv use
compatible software that will work. It is proprietarv software.
3. llill this purchase obligate us to a particular vendor for future purchases? (Either in terms of maintenance I
that only this vendor will be able to perform and/or if we purchase this item, will we need more "like" items in
'.,
the future to match lfrls aze?,)The purchase of the software will require an annual fee to pay for upqrades
and suDport annually.
i
4, Explain why the price for this product or service is considered to be fair and reasonabla The product usage t:
will far exceed the cost of the nroduct. The use of the software will liability and ensure that the standard of i
care renains excellent.
5. Describe the negotiation efforts, if any that have been made with the supplier to obtain the best possible price.
Negotiations were conducted at the initial review of the software.
183
6. Explain the consequence(s) to the City or Public, including a dollar estimate of thefinancial impact, if this
Sole Source is not approved If we do not purchase the software. we will be unable to update and completc
qualitv assurance on medical calls in efficient and effective manner.
7. Industry fndependent Standard Review.
The Association of Public Safety Communications Officials has rated IAED and Prioritv Dispatch as the
one of the best products for Medical nrotocol in the industry,
I hereby request that a Sole Source be approved for the procurement of the above statement of worlg rraterial, equipment,
commodity, or service.
Department Director's Name :
Date
184
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
DATE:
SUBJECT:
Rafael E. Granado, City Clerk
September 10,2014
RESOLUTION ACCEPTING RESULTS OF THE AUGUST 26, 2014 SPECIAL
ELECTION
Attached hereto is a Resolution adopting the Certificate of County Canvassing Board for the
August 26, 2014 Special Election for the City of Miami Beach, and declaring results thereof. The
Miami-Dade County Supervisor of Election's Certificate of the results is attached to the Resolution,
and upon the City Commission's acceptance thereof via passage of this Resolution, all City
Commission election activities related to the City's August 26,2014 election shall be concluded.
T:\AGENDA\201 4\SeptembeASpecial Election\Special Election Memo.doc
Agenda ltem
Date
TO:
FROM:
city c/mmission)L4
(7G
7/o-tq185
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE
CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE
AUGUST 26, 2014 SPECIAL ELECTION FOR THE CITY OF
MIAMI BEACH, AND DECLARING RESULTS THEREOF.
WHEREAS, the Certificate of the results of the August 26, 2014 City of Miami Beach
Special Election have been received from the Miami-Dade County Supervisor of Elections, are
attached hereto as Composite Exhibit "A," and are incorporated herein; and
WHEREAS, said Certificate reflects that:
Question "A" as set forth below was approved by the electorate of the City of Miami Beachl;
Question "8" as set forth below was approved by the electorate of the City of Miami Beach;
Question "C" as set forth below was approved by the electorate of the City of Miami Beach; and
Question "D" as set forth below was approved by the electorate of the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND G!ry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade County
Canvassing Board having canvassed the returns of the August 26,2014 Special Election of the
City of Miami Beach, the Mayor and City Commission hereby adopt the Certificate of County
Canvassing Board for said Special Election and it is hereby ordered that the Certificate and this
Resolution be recorded in the minutes of the September 17, 2014 City Commission meeting as
a permanent record of the results of said Special Election; and be it further resolved that, as a
result of the City of Miami Beach August 26, 2014 Special Election, the votes upon the
questions presented reflect the following final results:
' The four ballot questions have been lettered "A"; "B"; "C"; and "D" for ease of reference herein
only and were not so lettered on the ballot.
186
QUESTION "A":
Citv Gharter Section 2.02: Amendinq Mavor and Gitv Commissioner Term Limit
Provisions
Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year terms (six
consecutive years) and Commissioner's term limit of two consecutive four-year terms (eight
consecutive years). Shallthis Section be amended to:
o Delete "consecutive" limits, establish instead Mayor's three two-year term limit and
Commissioner's two four-year term limit;
o Establish that service by a Commission member (including filling vacancy) in excess of 50%
of a term shall constitute a full "term"?
YES 3,532 VotesNO 1,434 Votes
QUESTION "B":
Citv Charter Section 2.04: Gitv Commission's Selection of Vice-Mavor
Charter Section 2.04 provides that the City Commission shall choose from its membership a
Vice-Mayor, said selection to occur at the Commission's first meeting within 3 days after each
General Election or if Runoff Election is held, within 30 days thereafter.
Shall these dates be changed to provide that the Commission's initial selection of Vice-Mayor
shall occur at its first Commission meeting occurring after the General Election or after
Runoff Election, if held?
YES 3,475 VotesNO 1,281 Votes
QUESTION "C".
Gitv Charter Section 6.04: Supplemental Qualifvinq Endinq Date for Fillinq of
Vacancv in Candidacv
Shall City Charter Section 6.04 governing "Vacancy in Candidacy" be amended to provide
that the ending date for supplemental qualifying due to fewer than two candidates remaining
on City ballot due to death, withdrawal or removal of a qualified candidate after the qualifying
period has ended be changed from 26 days to 45 days prior to the election date?
YES 3,271NO 1,410
QUESTION "D".
Amendinq Board of Adiustment Jurisdiction Reqardinq Variances
Shall the City of Miami Beach's Related Special Acts Section 2 regarding the City's Board of
Adjustment be amended to except from the Board's jurisdiction those variance requests
specified as part of applications for development approval within the jurisdiction of the Design
Review Board or Historic Preservation Board?
YES 2,743NO 1,912
187
BE lT FURTHER RESOLVED AND DETERMINED that Question "A" was approved,
Question "B" was approved, Question "C" was approved, and Question "D" was approved.
PASSED AND ADOPTED this _ day of September,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\2014\September\SpecialElection\Accepting Election Results of August 26,2O14 SpecialElection.rtf
APPROVED AS TO
FORM & LANGUAGE
188
'rr.,r.officialt**
CERTIFIGATE OF COUNTY CANVASSING BOARD
MIAMI-DADE COUNTY
We, the undersigned, SHELLEY J. KRAVIIZ, County Judge, Chairperson, PENELOPE TOWNSLEY,
Supervisor of Elections, Member, ANDREW S. EIACUE, County Judge, Substitute Member, constituting
the Board of CounV Canvassers in and for said County, do hereby c",ti$, that we met on the Second day
of September, 2014 A.D., and proceeded publicly to canvass the votes given for the charter amendments
and proposal herein specified at the City of Miami Beach Special Elections held on the Twenty-Sixth
day of August, 2014 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We
do hereby certifi from said returns as follows:
City Charter Settion 2.02: Amending Mayor and City Commissioner Ter:n Limit Provisions
Charter Section 2.02 establishes Mayor's term limit of three consecutive two-year'terms (sixconsecutive
years) and Commissionefs term limit of two consecutive four-year terms (eight consecutive years). Shall
this Sestion be amended to:
r Delete "cottsecutive" limits, establish instead Mayor's three two-year term limit and
Commissioner's two four-year term limit;
r Establislt that service by a Commission member (including filling vacancy) in excess of 50% of a
term shall constitute a ful.l "term"?
YES :3.532 _ Votes
l^434 VotesI,lo
City Charter Section 2.042 City Commission's Seleetior af Vice-Mayor
Charter Section 2.04 provides that the City Cornmission shall choose from its membership a Yice-Mayor,
said selection to occur at the Commission's first meeting within 3 days after each General Election or if
RunoffElection is held, within 30 days therBafter.
Shall these dates be changed to provide that the Commission's initial selection of Vice'Mayor shall oceur
at its frst Commission meeting occurring after the General Election or after RunoffElection, if held?
YES 3.475 Votes
NO 1.281 Votes
COMPOSITE EXHIBIT A
189
***officiali.**
City Charter Section 6.04: Supplemental Qualifying Ending Date for Filling of Vacancy in
Candidacy
Shall City Charter Section 6.04 governing "Vacancy in Candidacy" be amended to provide that the
ending date for supplemental qualifuing due to fewer than two candidates remaining on City ballot due to
death, withdrawal or removal of a qualified candidate after the qualifying period has ended be changed
from 26 days to 45 days prior to the elsction date?
YES 3"271 Votes
NO _1.410
-
Votes
Amending Board of Adjustment Jurisdiction Regarding Variances
Shall the City of Miami Beac'h's'Related Special Acts Section 2 regarding the City's Board of Adjustment
be amended to except from the Board's jurisdiction those variance' requests speeified as part of
applications for deveiopment approval within the jurisdiction of the Design Review Board or Historic
Preservation Board?
YES 2^741 Votes
*1.909
votesNO
County Judge SHELLEY
Substitute Member
190
@Osfstoo6NONNH
6@r)Lr)c\, (o @ F.-@od \o
^i--i.-i
oLo\oc{slr-c, @@\o+@N
H
@OrcO F-\ON(D6\Or+aac? e"q"199mN< co@@NNo\oN+O 6+HHHH
\OCOT')dF\+F\\OdNOONC{ \OO N ONlr+Nroi+o\oo
.o o oid,r;i.\ .j
SFHdH
Hoo
UJ
L d&
F\*(oo
oooo
oooo
a@<)
U
r/',FJ
=U6d, sl'-JJtilo
F(J d.
IJ. G ULLHod.
lrJUFz.
UJ
m
a
LrJFO
I
F
F
o
oL!
Otr
F.c) >-t!FJZ+lu=dooa>-(.)N 6do<u -d:toao 6H<(\JH UdoFC'FO
H<(5<oH=F oN=<.' O
d
z., 'z<)<<AAOFH.'H<F.,,..2,..-!44 1 =o<^-JEq)< z(J< <Hut(o<=Oc .<Ha ,Lil--HNF-LEZ LjFH H<ts(>rrJUo H<F Je.dtLFdOZ,.-JddJcno<o Jcoo<<=oo_, <=OoFc=ZT_L=ZOULUOoq(4av)ouuot-crozueN,d dtd dzF-UUUUZFFFF ' ' ,
=OOOO FFFFO>> >>r tsFF F--]f,='oo .;qqeeZ=9=EEHI+Hooci"Sggg9*HHH???EFFFFHqa<na oo(f o d,d d EaF-{HHHJ)J)UUULUu (5 (5 ct o J ) ) J ts l- lj l:g14uJuJu<<<<oob6*&E EE EIdi6 cci>>>>
=c
O
..i
<f
o
GJ
-@oo4UJ UJMF
o
==
191
c.rNLooNl
ooooo
+N@oH
o oo(>o
c.)cr(ood
ooooo
ooooo
NorOo N
oo600
ooooo
Noo
EJ
C dL
a,/)F)=
l,! LOdsfJJ U O
F(-) E,
LCLULL UJc)d.
\ooeoc!
Or \g LO t.c)oN6
OINHONo o c\.1 co\oN 6
ooooo ooooo
cOF\rOHN+roo o\ONOI d
or(\doF\NNO Olr)COO| *
o
lrJ
c'roc'rrocvrO O' + F..
ic!
cao(f)fooONN N,O^ * -. ri-
dN
C!d o+Ordod o\N+- s
H N
60N60UJ <t N C\.1 OrU NND NFZdAJUam
oNoocf)ro<o crlco o st- c!
d
F-OF\NsiOOOr C!q.o e? c{
ooo o F\F-<H Oofo<f cv-i -i
HOH€NF-i6 NN+tO F.
c')d$
f, r\6ro
d;-iro st
c, c\l rr) ro <t
=f dLJ) ONo6 0
c.i-i+
At@H@
.-iqiF-N
@c{q'-i
oo\o -)
NO?qrr@NN
n H (o++F\Oo osfN l"- l--
cr)i$
<i. <{- @ c{ c,@or.- <t
?o=l H
o
a
tr..)ZJou-
F.o>-t!Ff zr+lJl=dooa>-(JN Ad.z.o<E -<
=o6d oH<NIH Udci Fo- | FdHO<$=-rH<(52OH =C'c\l=<z
;€
aF
=J:=
dut--
:=q:o-v>
:cn=
.'oc!u
d\d90
h g -qvtN ..o(uO):\'.P#p
- @ =d ooo' (J o (.) az.l->>
U L! L!L\Z LL6 ts cgoH\ oo
o \z ocE = OJ(^\ =
= a =9-=
N€ 6000t/', a, (4 rJ) oruJ ro<if6 +F.O frFsf
J
FoF
6(uq)
.}J]JPoooF">>
LL(u(u>'(,
=
Eo
g
t!(J
U-F
L!
z.o
hU)!Jv1
i*CJ AZ
u L\z6 0H\q-a o\z
= ov)\<{JUOH O>.2
=>
q
qJ.lJo
Lq):oE=
q,.po
(L,
o
opoF-HO HZ.
lrl L\ZE OH\+-ao\z= (1)(r\<PUOi o>-=
=>
FOO+J.l-,},ooof-.>>
o()>EOsf
:td(-) HZ.
LJ L\Zm (]H\tr-oo\z
= oo\< pLloH o>-2.
=>192
oooo
oooo
o$ r'-Ol0dN
do
oo dtd o-0(5
)G=UOdo JJtrJO
F(Jd
ucuLL t!od
@6d@oca(f)ca
d
o
u
U)
LrJF
)
FoF
LrlL'Fzt!aco
oooo
N(\rN rr)Or\O\Oi'..orO?9n 9?c?.rlc?1.1c')CDm <j'Or\-odF-oOr(\+ar) aD(DNddH
c!a?@dONNH
cf)( O<+O\O6@ornar)slNF\@tr)or + @\oN
o
aLrlz)OIL
F.o>UJFJZ+u=gOoo>-(.)CV 6d.6( LJ .t,EObO OH<NH TJJE.A FL ,la
+= =FH<(r<OHfFNJ=<('.\
z.z.t)<<atatUfH.H<F , .2,)d d z z.o4J m C) < ZO< <HLn<loo .<aa .LiFHl-6-=z C)FH g{FOLrJtdO H<F Jdd}-d.az.,Jdd,Jmo<JcA(J<<=OC<=o&Faz zFe=zouu oaaaaodu oF6ao:zd.d d.dl*d,az.lrl lJJ Ld Lrj}- FFFOOOO FFFF
@t/1@00ooo
LdUJUU(-)O(JL)dddd,d.d.dd. ====UUULrlrrroA@l-l-l*FF F FFFFF.nv)utu)o<fooddddJJJJUUUU(5('(5C'JJJJ!-FFts
Er u Ld uJ< < << iloo o&dd,E6@ coE >>>>
L
Oto
^;do.+.j
dH\ ooc!F\(J
-@zoo
UUU6Fc/.
o
=o
H
=
d
=d.o 193
ooooo ooooo ooooo ooooo
ooooo aoooo ooooo ooooo
OrH OO OoH6 \ON@ON(5 d{()d(Od<.)
od+\Oil'\Oc.)r)ds
No
o
oo dlrJ A-o(.,
JL=UOd. rr)JJLrIO
ts(-) 'd
uouTJ. UC)&,
oooooG6O H o@6ocr)LO(f)O\ H rf)cD<ldr]r$ oor dNONOEtsoo
otno
U
LrJ
UJFz
Lr-laco
i4lFo
Js5F
ooooo
Or \f c,)o Olod6
ooooo ooooo ooooo
C)
o
EJ2JO Ir-
F.(J >-tdFJ:2.+u=dOoa>-(-)N @&zo<u -<
=orod 6H<:NH Udci FA,tsdHA<r+ ==ad<.a2,oH-oN=<z ;s
fr
'(J'2.
.(j,d
d.OF.t!.=L!(r=-z.F a
.tL,r)o
=LL
'ooe.
=ct-qq U) -qq m -qq..dooJ .rooo ,.oo(l)p4rI .. .plJp .. {J{J{Jd ooo -il ooo -d oooHz.l>> Q Fz F>> (-) -Z.t->>L\Z LL U.J5.\Z LL UJL\Z L'-oH\ (u(lJ 6.oH\ (lJo mOH= c)q}g-(ro >! Fr)o >t q-@o >Ec,;< 05 E.--( o c E or)( 05
PUO <PUC) <PUOO>Z HO>Z HO>z
u1 g
E
=.Urg
dHE F
=ut&o.tr oO\=o=.2,..ooc! (Jdo\.F
qr = -44 oN F ..(oo(u\ O .. P+JP
- @ z -H ooo -O O O HZI->> (J
I! U rl LTJL\Z LL UJcO F d, mOH\ ()O cO
ci \z oc
= a =o@\ = =
= d Ho>.z H
=d.o=>=
o o oor\r+ib stosfo@oN6 N rcrooc)cvo
oif)roc)rorj)roo Hd N
(o Nt 60 GJ
cD \g O) Gl @F-(r)H<?c!\oo N crH<td6N r Or C\j
ooa9
C') \ood
=t \ocao9(or)
ChH€(,
(o c,
r(.)-1q
c, rOFC!
194
ilO
Oce
oo e.UJ O-.n c5
JA=UOe. ceJJlljo
F(.)d
t!ruU- LLIod
atJ1o
U
Lr-!
LrJFz
LTJ
co
o
E:dZJOLL
F.O>UJFJZ<u=dOoo>- (-}C! Ato< LJ1 -o
=ooo aH<NH Uda Fq,F(,
$ ==Fd<(t<OHfFNt E<i2 xo
z.za) <,<Ht)OFH.H<- . . .z)dd z z.o<JcO(J< ZO< <Haa<=O& ,<HVi 'C)FHFL=Z (JFH H<FOrJLr.lO H<F- )d.dt-dAz t)dd.J6O<JcoL)<<=Oc<=oa*LzzFO-=zC)trJL!.tO6<n./||/IC,UUOFdAZ&EEdFdAzULJ UUFF FFoooo Ft-tsF
<na0q oooo
trJu[!r!(jOUOcrrr&.ddd,d,d, ====ITJUJULJaaaAFFFFFF.FFI-}- F Fatnao oooo d,d d d.JJ-)JL!UUU(.,(5q'(,JJJJFFFF
EE,e.d&@ m m >>>>
a
crl
c!
sr .iH\ ooGIF\C)
OO
U U UcoFd
HA
=o
=
d
=do
oooo
oooo
N+OF\\O(\J N d
nNo@ocnqc!
oooo
cf)rr)c!@NN6H
.+N+ ooo@oLoHom(o dooro\oLo(o
-j*r+ rr; ci+c;NoiNc!r+(t crst(\lHH
tOF-l,oNrO\O@dH @ c\]oS @ Or (O(r)-$o-@(!
Nd
lnUJt-o
J
FI
195
ooooo
ooooo
ooooo
ooooo
ooooo
oo(5 0 0
ooooo
ooaoo
N
oO
oo e.la, O-r, (5
JL=UOd.o JJUO
HF(Jd
LLUrL LJc)d
oc\JHo(o+n(o (O(\l@oCtrsfdro H6NOO!+dro d \oN @O Orr)c{ (r)
o@@oF\660 ooicltd6Lr)o@ r o+oo6tr)aool d NNNO@rr)oo d
ooooo ooooo ooooo OQOOO
Oc\INOHstc{€ H dO)oOO+d(o d \oHNO(0ON6 H +t@onoN6
Or(\lHO+$NN C{iN
F.oF-ilNoNo oHN
(')r+odONO =tdc!
ro@croNGIF*O +d c\l
q
V,(f,
U
t!UFz
LrJ@m
@Naa
d@ro (e
ooNCOd+
€ (f)
coNd@
.o c.;ro€
oUz.)o I'J-
F-(J >-UF-lzsbJ=rOoa>.ON @
<uJ -<
=66vi OH<NH U
O- ' Fd
-o<+==cd<<Dz,
OH-ON=<Z ;e
d
=Lrl
UJ-F
tJ-o
=
F(Jtd)
UJ6
._
CJ HZ
I.J L\Z6 OH\*ao\z
= 06\<TJUOH O>Z
=>
t/')F
=J
d.
UJF
=v)LA
q=.-o
N' (.J
H O \
'd..+ (.) o
Ot E -aaN, t- . '.o(lJo\ (J .. +JPP:E @ z, Ed ooo(J o Q Hz.t->>
U UJ I.J UL\Z LL@ F d CDOH\ (D<l)
o \z ocE a Eo(/)\ =
= HO>7
=d,o=>
NCO<o
|.- c.jro cc
tnlrjFo
-l,-oF
LP
=oeqq v) roq c6
-a@o(1)o ..c!)() .o(u(upP+J " +J {J.P .. .p.pPOOO :Cd OOO =d oooF>> O 4zr->> O HzF>>
LL LlJL\Z LL T!L\Z LL(l)O cOOH\ od) COOH.< oo>rJ +oo >=, q-oo >lcoE \z oq \z oE
= =()O\ = =Oo\- -<PUC) <+JI!OH o>z H o>-Z
=> =>196
oooo
oooo
o
o
=foo dlr.j A-ul (5
JO=UOe-)JJUJO
F(Jd
Lrub-uod
U)o
Lrl
u.lLJFz,tJao
oU2)OLL
F.(J >-Lrl FJz+uld()ob>-oc\t bEO<U .6
=o\oo oH<C\JH Udo FLIFO
!+==tsd<(5<
OH=FN=<(,.)
o\
q@coco6r$J=id
RI@G@do6r
oooo
oo$ilcoC!r+d
+rr)d Nroco\oF)(!HPAU? 1\aeT9q
d+o dd@o6N6N+o c')tr)iHHH
oroco6(oHcoF-(')NF\c.|@OtsfstrotoH@N d
N d
rilFo
J
FoF
z'z(J<<H6
OFH.H<F . . .7iAi< z zo<Jd(J< zCJ< <Hv)<=oL.<H./) 'OFHFL=Z (JFH -{Fout tJo H<F Jddl- d az , ) d &. J d) (J <JCO(J<<=OL< =ocF o_=zF-A=ZOrdUOaa U)<n O UJ lrJ O I d,OZ,n&.d.d.F-d.az.trJ td uJ uF FFFOOOO FFFF
6a/'t.n!,oooo
uUJtrJU(-)OO(Jdddddd,dd ====lJuJUtrltoAAU)FFFFFFFFFFFFq)aatn oooo d d.d,dJJJJU U UUL5<D<5<9)J)JI.-FFFUJUUU<<<<OOOOe.d.dtlzoco6m>>>>
4
Or?
GIH O++:B oOrc!F\(-)
-@2.(-)O
utlumFd.
6
=o f, H
=d.o 197
ooooo ooooo ooooo ooooo
ooooo ooooo ooooo ooooo
H N(DO drooco d +a\doolr)N@ d \o(f)olorr,lfrNl--C\rNOrOtr,<foN H
c!
o
oo d.til cU1 C5
JA-=dd
d,(.)JJUO
Fc)d
LLUtt- LrJoc/.
u)U)o
U
u
LrJf-zu
m
o
H
6Uz.JO Ll-
F--()>.trl FJZ+
ooa>-(-)N @cJ.20<uJ.<EO66 AH<(!H U-lO<Ci FC . FaaHO <:<t==oH < (5:ZoH=oc{ = <:z x
aF
J
d
UJF
=aca
o=..oNOdo 'd+slO
C'r = -qqN F ..OOg)() ., #pp
- @ z, -d oooO O O HZF>>
Ui LU UJ L! L\Z L LeO F d Co.<)H\ oo
o \z c)c
= o EOo\ =
= ? E =S-=
(t(\roor(O(')Or iN@o+rJ) <f Or
o<'+onro<io @mdod\oao o d
ooooo ooooo ooooo ooooo
coCDHOOI<fNN o\iooo+NF- s oooooLoclN i d@(}lod<rN@ d
oo@cororoorrr) NH N
Hd(\lo+F-@n oH N
01 LostoNt
N =l-cu\ooocadg stHHN
F' C/)aq
=l tolr)<t
\o+NN
Or <)@o
(o+
6H
r..ni\oo
(')N9n
d@(o (9
r!FO
J
FoF do
=
laJ(J
L!-F
tL
z.
FoUJ
.aLd
=ciU', -@q CO -qa' .oc.r(U . .(c(I)o.. {Jup ,. +JlJp
-H -O.OO -d c)OO(-) ==:F>> (-) az)->>fi '={E !. L ff.<9 L LE).OH>. o (l) CO o'H\ (l) 0)*-U)C) >E vao >E\Z OE \:= Oc
=o4> = =cr/)\ =sts92 StsEg
=> =>
Ua/) -qa,.co(u.. PPP
=d ooo(J HZI->>
UL\Z LLoOH\ oo9-6O >E\Z OC
=oo\ =< ]JUOH o>-z
=>198
oooo
oooo
oda
o
o,4
o
LUt/1 (5
Jd
=uod6 J--..1 u
HFod OLL cLLL t!od
o
Lrl
tft F\ \O NGld
+NONl0dcDi
U)aO
U
UJUF2Uad
ooao
ONO O6OdNNNa9q qqnq99.1
c\.1 (rd +oro+rootl-\N+O NoddHH
@orNl'\
Lr)OC{rOF-c'}(f)dc!o(\lo)oo@NoNr+Nd
o
o
lrJ
ol,!
F.O>UFJZguJ=dC)O U)>. (J C\l Ado<Ld .@
=(foo 6H<NH Udci FO-, FU)
+==FH<(Jr<OH=FN=</);e
lrJF(f,
-)
FoF
=-2, () << dv>()FH.H<F . - .2.Jd.&, z. z.o<Jcoo< zu< <Hut<=Oc,<HUt.(iF-FL=Z L, I_H H<F-O[r]uO -(F- Jd,d,FtAz..)d.d,Jcoo<JcO(J<<=OA<f,ocFo- =zFA=ZOt!rdO6tnooouuot-d.ozee.d.d*d az
l"rJ UJ 0 UF FFtsOOOO FFFF
u)u't@a o oo o
uuuu(J<)L)oo.d.d.d.d,&.d,d =) ==UJUJUUO@L/)an*l-l-t-FF- Fts}-T-.FFo.naa oa)oo d d,d.d.tsH HHJJJ JUUUU(5(SCDCSJJJJFFT-}-LUt!trJLU<<<<O(f,OOEd,crdmcOmm>:>>'>'
=I
clloild o.+d
d dOolC\.1 F\(.)
-@zoo
ITJ U tUcoFd,
o
=;=d.o 199
ooooo ooooo ooooo ooooo
ooooo ooooc>ooooo
ooooo ooooo ooooo ooooo
oo !o oo(rdr+N6NO(.o oooo@ @o@ooNio ;
N
oto
oo d.tdd.N CD
JC=rodo Jluo
Fod
rA.Ut!uod
o++oic!N orr.()<oddc!\O@t+oHdcv \o@+odd N
+ooo6+drat Oldoor{.<id\o @orNd(oc')do @m 9t o6NOn
at/1o
t!
lr)LOul q-
(r)\oNN
Oi(Vd*n@(.)c! dd
o il #o(oF-LOC{ d
oLo@H
N C.;LO+
OF.olI
(f)\ocor
+ro(r)@
NRJF\N
o
UJ
O Ll-
F.o>trl FJZsfUfHOoa>-(-)C! Adz,o< trJ -<
=o\o(, oH<C{H tdEOFL'FdHt/)<<f==&a<<Dz.oH=oN= <z x
VIF
E
J
Ed,uF
= </,tuaa='.oC{ (J
do\
'dsfDo
O = eqatcJ F . 'rooc)\ o .. {rp+)
= @ z -H oooO o (-J -Z,l)>tJJ U U U I-\Z L LcO F d. 6oH\ (I,O)
Ci \Z OE
=o=()o\=
= 4 0>2,z.doE>
OrOt @O <'lorc!N 6d60HONN d
(n
LrJFo
)
FoF
au(Jz.
d.
F2
Lrl
F(/)
=Da
(Jz
U
doI,L(,z,
L
J
O
a
g
lrlo
LJ
F
lL
F(JUJ
UJ
-p
=oeOO tn -q0 cO -AO@oo ' .rooG) . .rcoo]J+l1J ., +)pp .. {r"p.pooo =d ooo -d oooF>> (J HZI->> (J HZ+>>
LL UL\Z LL UL\Z LLoo moH\ oo @oH\ oo>E tr-@O >t tr-6o >Eoc \z QE \z og
= =(u6\ = =o/)\ =<PtdC) <-PLTJOH O>z H o>-z
=> =>
i-(-) HZ,
u l,.\z
CCI OB\F(rO\z
= oD\<PUOa O>-z
=>200
oooo
oooo
O'cO@COA'N
o\ooHoc.).fc\l
o
o@
oo d.lrJ 4u', (5
JL
=rod(f,JILUO
Fod
LT.LUTLUod.
UtrJFz
LrJUIca
.Ao
Ld
./1tJFo
)
FoF
oooo
orHo@NH6d
o
orz)OLL
F.(-) >-
LrJ FJZsful=doo ut>-ON Adc)<U .6EO60 0H{N- tJc<oFL .l(n
+==FH<(5<OH=FN=<i'
l.()€O +O\O@rr)Orl'-OF\N Ol Lr)6dO(o<+
l'\\O\O c!tf,dOrNO(r)#+6 NNN HH
(OOHo@OdF.F\Od\OdLnNr+c.r-<d@N H
c\t d
z..z.t) <4:HUJ(.)F--.s{- . - .z)d.d. z. =a)<-J6(.)< Z(J< <!-Vi<foc,<:HUt.(itsHFT=Z (JFH H<-OTTJUO H<F )dd.ldaz.,)ddJm(J<--Jm o <<=oc<=ocFc=zFLEZO!.I Uc)AOvl(rrotrJUO|-dAZ.ddd.dt-d.az
LTJ bJ TTJ UFF-tsFoooo FFF-[-
u)au)q o oo o
L!u-lruU(Jci(iddd.d.&,&,d d ====UJIT.IUUAA0AFFf-tsFF F FFFFFa.nu1<,r, O O Qa d,d d,d,HHHH )J)J UUUU(D (' (5 (.:J J J J J t-- t-- t- i-qJlrlL(irJ<<<<ooOOEEddcoEom6>>>:>
=L
olo
o';dq
st@H B\ oOlc!F\(J
=@2,OO
uJt!ucoFd,
o
=
d
=d.o 201
ooooo ooooo ooooo ooooo
ooooo ooooo ooooo ooooo
O'JNONc\ldco Lr)d\OocoNdo @@(oo(9N O (oo\ooc-)
HC!CO
o@@oc!\ON@ H m@doo\oNor N€@ON\0(\l@ H Ol-\OOOrocoor il
ooooo ooooo ooooo ooooo
N?oco
oo duo*U) Q'
J6-=dodo lJUO
Fod.
LAUJLLUocl(
F-N<f,orOLOdF HNC.TO(O6NF-c.)rooor6ir cod+oLo
NNOOOsf r,)O' i orioo@m\oo Hdc{
oH+o++tJ:or C!
(\r@oo@dcoo iH(\
ooood+n+
HOr\Nl
cq (ot'- C!
oonqo!a@o
i.o r+n9
d@NN
q0o
UJ
UUFz,L{
m
a
UJt-o
J
FoF
oUZ,Jor
F-.(-) >-t! F-JZ\+td=dooa>-(-)N @d.zo<u .<
=o(oui oH<NH LdEOF
-*LaA<t==rd<(52oH =oNE<Z
a\
trJ()z
d
jz
UJ=Fa=-a
d.ou(,z,
LL
J
=o
oP
=oPqq A -qto CO -oqooq) .6cj(u . 'cc)clP .|J .lJ .. +r +r+) .. {r+)+rooo -H ooo -H oooF>> O Hzl->> O HzF>>
LL UJL\Z LL IJL\Z LL(u(I, OOH\ OO EOOH\ O0>E 160 >E F@O >!oE \z oc \z oqf =O@\ = =OO\ =<+)UJO <ptrJoH O>>Z H O>-2Z> =>'
do
=tJ(-)
td-F
LLo
z.o
F(Jt!.J
Td
q
F
J
d.L,t-
=aca
qz,.-oGIOH O \.d.<i@o
Or = -qqN l-" ,..dorOl\ t.) .- +rPP
- @ z. =d ooo(J o L) -Z.l->>IJ U U UL\Z LLCO F d. cA OH\ 0, O)
o \z oE
= Q =1ru)\ =
= d Ho>7, d. o E>
O HZ.
U L\Z:m OH\C-th()\z
= {I)L4\<{JLrlOr o>-z
=>202
oooo
oooo
o(\\oNc{d
orf)i<+coH#
oooo
o
oOl
dt!caaD
)c=UOd.o JJUC)
F(-) d,
LLUl!Uod-
a(/)o
U
uL'F
U
co
(oorr) +H(()r..F-chcoroo6 i++aoF.N
OrSrr) LOLOo@rOC,Nn$e) (DLo Hi
sfor+JNi
sr'F\c't-<@HF-rl)\o @ oN N+@dcr)co
O
aU
OLL
F.(J>[lFJzstU=HOo@>-ON 6d.o<Ul -O
=oro(j oH<NH UdclFa- ' F7)
.+==FH<(rr<
OH=Fc!=</);€
U)trJFo
J
FoF-
z.za)<.<H On
OFH'H<F , . .2.lde = zo<JEo(J< za)< <Hut<=oo- '<-a.(-)FHt-L=2. (JFH H<l-OLr.luo H<F Jd.'d.l- daz.:)dd.-Jm(J<Jco(.)<<=oo<=oo_t-i&=zFO-=ZOt!tllOo@ @qc)L!u)olcr.oz,d.&.d d t-daz,U LLI UJ lrJFFFFOOOO FFFF
aatnhoooo
uuuLdL)a)L)<)d,Edd.d,d.d.d, ===3uuuuoaaq>tttFFF_FF}-FF-v)aqoooood d,d dEHHHJJJJUUL'UJ(5C5Og-JJJJ}-FI-Furduu <<< <ooooe,dd.d-6 6cod>>>>
=L
Olo
a;do
+oidd\ o
(\F\o
-@2,(Jo
UUUcOEcl
Hd
=o
=d=d.o 203
ooooo
ooooo
Olrr)t+o\O
d
oooao
ooooo
ooooo
@ F\ tr) oLO
\ON @ONdHN (odF\oodHN NS@OSil d(l o\o\oo+
ooooo ooooo
ooooo ooooo
++cooN oroLooar)
ooooo ooooo
N?oOl
oo d.Ldoa(j
J&f
UOdco JJtIJo
?Od
TLCLUu- uJod
a
o
U
U
LTJf-zUq
co
O OOAO
f.-oc!oc!N !o.+oo<dc!d@grH++\ooo<ldc!
F-HCOO\O+NO NONON<'N \.o d NNOrdt+mc!6 d (\ ol doooN\o d
o
oU
Ol!
F.O>UFJZ<tU=HOoa>-ON 6d,z,o<u -<E60vi DH<NH Ud6FA-.FdHqO<SE=AH<(92
OH=ORi=< z ;e
"-E
=o-qq an -qq CO -qqooc) . .oo)o .600+rpp .. pPp .. pp!ooo =fr ooo -d oooF>>(J12.!->>UHz+>i;
LL L!L\Z LL UIL\Z LL(uO, COOH\ o,C, tOOH= OO>E q-60 >'o q.a6 >uoc ts \z oc <z oE
= E()o\ = =oo= =<{J[,C, <pl!C)!Jo>Z io>-z
=> =>
d
E(,z.
L
J
=d
d.o
=nc)H
L'
F
l.r-o
z.o
F()UJL!
(J HZ
LTJ L\Z(! OH\q-60
H \Z
=
(l)6\
<PLrlOH o>zE>
UIF
J
d
LtJ
F
=aaa
or=OE..o
NOH O \,d.+orO
Or = -qqN F ' 'EOO\ (J .. ppp
- @ z -d ooo(J o (l Azl->>
ITJ t! U UL\Z ,L@ F d. E6OH\ od)
o \z oc
= o =o/)\ =4 z. or <PUo
= F o>-Z
=doE>
\o++Lo
dNm+
+roNN+,;ro+
+\O\^lF\N(o cf)
c!@H@
OrO@o
u-tTJFo
J
FoF
204
oooo
oooo
H(OOnN d
F\OF\NF-r+Hd
oooo
O
oO
oo dr!aAL'
J4l
lrJ Od(.)JJUO
*FOd
I.LfuUtL 1!od.
N+(,r GJ\OAJ.+cOoJ!+d+o \ofrc{dNrrrcoFf.d+ F-.;.i^;-ioiFrNOO +ONHN
€crddroGldi
@NtOrN \OoCD@co@ollr,N\oceNoNmmd
o
Lrl
UtdFzr!U)cn
t/)UFo
J
FoF
oU
Otr
F.o>LUFJZtuldOo t/)>-oc! v)EO<tn -a
=o@o oH<c{H Ud.O Fa.Fo
+= =FH<(.!r<OH=FN=<(/)
aY
z.z<)<< Hyi(JF-H.H<F - . -zJd d. z, z.L)<.Jc6(J< Z,<)<. <H<r',<f oc .<d6 'oFHFd=z CiF-H a4:FOuuo H<F )d.d.lcY.c)z .Jd.d,-J6(-)<Jm(J<<=OO,< =oc tL=2,FC=ZC)UIUOaaaa ouuo *d.oz,d ddd t- d az.
U.J t]J l]J tJFF FF
== ==FFFF ===5aqaa<)c)oo
UUUULiOO(J d,d.d.d.d.Ed d. ====UUUUAL/}qa (, F F t- tsFFFFF FFFtho.,nu) <) ooo d d.d.d.
-)JJ) UUUU(lr(r(ScDJrJJFl,-tsts
E d.dd 6Em6>>>>
=a
(n?
C\jd?
$ od c\l\ o
O1c! F-\(J
-@2,(JO
IJUI!coFc,,(]
=N>.d.o 205
ooooo
ooooo
\o cD ot o c\,
(9rF\ oJd}-NC!
@(Ddor)cocrN
ooooo
ooooo
o ooo c,
ooooNdi
ooo00
ooooo
ooooo
c!@*l\
rn+ro rr)
LoO60dNr+H d
ooooo
ooooo
90000
o
ki
No
oONo
rdtlt (5
JO_
=UOd.o JJU
F(')d ot!dt! Lrlod
ao\ool o Nc4(ooroN
o<.(+o(r)6NN NCOaoF\lJ) d 1..
ONOON($ c\l F\OroOrO@oo\o
oaooo
o
U
UtdFzt!aco
c!\ocoooNN o(o(ooNNN orN\ooNEN \oo\ooN
dd(\
-
aUz)ou-
F--(-) >-tdFJz+u=dOoa>-(.)C! 6ez.o<LrJ -<
=ooo oH< NH TdEOFL,FdHin<-f==ad<(52oH-oN= <z
\o
rJ) t4)9notoro+
NCOqa
o c.)NN
C!F\LOOi@c!i d @LO<+Oc!LO*d dU)
t"dFo
J
5F -(J-2,
.O,d.
dOF.lr-tZ
LJ(r=,z.F a
.tL'-o
=LC'O
o-g
=ci-aq A -qq EO rqq.uod, ..lo(uo .€ooPPP ., p€P .. {r+rPooo -d ooo -d oooF>> (J HZF>> O HzF>>
,I LTJL\Z LL UIL\Z LL(l)O EOH\ O6) cnOH\ 0O>E F(/)O >E r@o >:ooE \z oc H \Z oc
= =<Uq)\ f =(I)@\ =< PLJO < {JtrloH o>z H o>Z
=> =>
d.o.<
=
UJ(J
t!-F
LLozoH!.
Lr.J.J
UJ6
U)F
=J
d.l!F
Etnaa
o=o="oc!odo\.d
<foo
O) = -qqcv F ..ooo
\ (-) " {rP!- co z -d oooo o o Hzts>>
tjJ ITI UJ I+J L\Z L LcD F d cooH\ (Do)
O E \Z OE
= I =G)O\ =
= N HO>=:
= d o =>
-Ho rz.
LU L\ZCo OH\rr-40\z
= oo\<]J uoH o>z
=>206
oooo
oaoo
6NOH
du1+c!<Nd
oooo
a
o\l
oo d.tddu1 (,
JL
=UOd.m JJUO
Fc)d
LLUI.L UOrrl
Or@c, O)cDoOr@GJHe+d @ti-@@<f+<r";<;-; Nd,rinid.d..;(.)oo r+<r'dHH
dN coic!d
d+d\od<+(r<trtrcOo\OF\r)r)OHNH
o
U
UTJFz-
LU
co
afiUFo
J
FoF
U
OLL
F.(J .>u.l FJZ+LJ=Hoo6>-(JC! 6d.o<u.o
=o@o 6H<(\)H Ud.a Fo ,FU)
+Ell-d<(5<OH=FN=<O .\
z,.z.L) <.<HUjOFH.H<F , , .zJil.d. z, z(J<J@(J< Z.L)< <-Ui<lo4 .<H6 'ciFHFr=z (-)FH -(Fouuo H<F Jdd}-eAz.Jd,d.JcO(-).(JcO()<<=OO:<=od Fo_=zFL=2. OULJOa@aa outuo}-&,a2.d.d d dtdoz.ULdUUFF FFOOOO FFFF>> >>F-FF F ====au)u)tt'loooo
tsl -ul _r4 !J (J o QQ d d. d.F.qGEE J===LdUUUAAAAFI-ts1-F F F FFFFFu)v70aoOOC, d d.d d.JJJ JUUUU('(5(5(5JJJJFFFF
2o
oo
c.i
C\]\ ooNlr-\(-)
=@z(JO
lrlUU(oFd
6Z.a
= N
=do 207
ooooo
ooooo
f'\oF-oN
ooooo
ooooo
ooooo
rr)NNOSt
r+.+cOoc?
ddc! d
ooooo
ooooo ooooo
ooooo ooooo
€NOOd €s!@oa
(oF(9O@NC,OHOC>H
ooooo oooo-o
\r+dOoilN
c(o
o
CV
oo
LTJ A0(5
JL5
UOdca JJUO
Fod.
rduTLUod,
o
frJ
r')(oiooddc, drJlUFzI!aco
N\OCOocosf d(r} H (\(ocoof,
*i6 d
oooodcv c{$ rro)o c!
dord@
-;d\O C.)
(f)HT+O F\mcv(, d
NCnOOddN
o
oUz, ---lOL!
F.o>uiFJz+t!5dooa>-c)N atzo<u -<
=ooa 6H(N- ud6 t--o- FdHU\<sf==o-H <(52OH =ON= <Z xo
frora1
R'NNN
Hotaq
NNts c\.1
r)F\:qoroNN
or(t N o cl<f, H r,oUJFo
Jt
F LJL)
d.
o-a
=o-qa V1 -qa 6 -qo6(U(l) - .o(Jo) . .600{J{J{J .. pP{J .. pppooo =H Ooo -H OOOF>> (J HZF>> (-j} Hzl->>
LL UL\Z LL !dL\Z LL(Jo 6oH\ (uc,, dloH\ oo>lJ F@O >1O F@o >cog \z oc \z oc
- =0)o\ = =o@\ -<pLUO <PUIOH O>-Z F O>-z
=> =>
oz
O
doLL
az.
Lr-
J
=O
do
2.
U(.)
LJ-F
L!o
z.o
FoEIJU
aF
=
J
d
u.jt*
=rnL t/)
Or=o=..oNL)
+Gto
Ol = rq@c! F_ ..,6(u4r(-) .. {J]JP- @ z. -d ooo(-) o o HzF'>>
U UJ I! I.jJ L\Z L LcO F d, E)OH\ (D()
a \z os
= o =(u6\ =
= N HO>-ZE d o =>
-d(J HZ,
u l-\z6 0H\Foo\z
= 0)6\<.lJUJOH o>z
=>208
oooo
oooo
+ll)r+rr)\o co G.l
or c\t F\ ooo\o*c!d
oooo
oH\oc)oo6i
o
oca
oo d.UL6CD
JO-=UOd6 JJUO
FCJ d.
rouLt tlJod
tna
t!
UUFzU
co
0
UJFo
J
oF
o
oUz,)OL!
F.O>r!FJZ!+uJ=dOo t1> () N thd,o<Lil -a
=o (oo -H<NH Ud.ci tsd- . l-,- (/)
sl.==F-d<(r<
OH=FN= <44 x
rr)rr)o o66F.oNodoN qoLoioon
NC.)<f, O+rOC{Or\lLOococr) Loc.)Hiid
<f,6HOcOCOF\@(.o CO f) =f r'\ @ C! LOooro-o(9dn
A) HH
z'z<)<<HAOFH!H<l- , . 'z.Jd4 z, zo<Jm(J< zo< <-u)<lOO .<Hut .aiFHl--L>.2 (jFH H<FouJUo H<:F )dtt,-d,az.Jd,d,JcocJ<Jm()<< =oa<=o6_ F A_=ZF6-=ZOUJTJO@aa.ut o u.l t! o t- d. oz,E&,d,d,l-d,az.UUUJUFF.F.F66-6>===FFF-F55:rb6U)Ul U>OOQQ
uuurJc)ci(J(Jd.dddEEd,d, ====ulrl Ul,J aoaO F FFFFFFFF-FF.Faaotn OOOO d,d,d dHF.iHHJ))JULTJT!UO('(5(SJJJJFFFF
EL
o\onH O+r;H N\ o
Ctl
(J
-@2.oo
U U UcoFd,
a
=o fc!
=ato 209
aoooo
60000
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
c!o
o(.)
ao dU4a(5
JA
=lrJ Od(9 JJUO
Fod
LrautL rr-tocr.
o@coo@t+d6 + o or orJ)+d6 N\o@olor+HlJ)\oc!@o\oN(qrr)
!nOr+otOm(r)or il
dH
\OdF\ddNro@ c!@r.r)codndto@ N OAdHNo@@ N
o
LrJ
ooooo
co+c{ocooool CO Cq H O-(tro(\ or F-c)OOO(oc{o d stHroo6to r)o
od<oorod+ Nc!dco
COOlF\H6(o or (.) e1c\.1 q)
N<IHHiclo(Y) <tc\l H C,)
o<fstHCOor$(') (t
JHg)
OHcod
(o(f)m+
@AJcaco+(o (.,
NO(o co
.;<liF\ C!
(f, F\l-\ C!
|- C.;(o co
o
oUz)Ot!
F.O>UFJZslLrJ=dOo \r)>-oN 6EZ.O<r.J -<
=ood oH<N- U
o- ' FdHrn.<+E =&H<(rZoF=O(\=<z )e
trJF()
J
FoF x,c)
u.l
tJJ:EF-
I!o
o
F(.)Ir,Jt!U)
a2
=O-Oa U)
-qq CO -qqd(l)o) . .6(l)(l, ,ooJoPlP .. ]Jpp .. gpp
ooo -d ooo -d oooF>> CJ HZF->> O HzF>>
L L T! L\Z L L UJ L\Z L LoJo cooH\ oo cooH\ oo>E rlao >E LOC) >Eoc E \z oc \z og
= =oo\ = =06\ =<PUJO <{JUOH O>Z H O>-Z
=> =>
-H(J HZ
td L\zm OH\q-@o\z
= oro\<PUJOH O>Z
=>
V)F-
=)
=d.
U,JF
o- v)
Orzo=.. c)NOi o \.t.+ (r) O
O! = -qqN t-- .,o(uc)\ C) " PPP
- cO Z. =d c) c, O(J O (-) HZ,l->>
trJ !J Ld L, L\z L LcO F d CO.OH\ (U qJ
ci !1 \z o c
= o =ov)\ =
= Gl H o>-z
=do=>210
oooo
oooo
rosf+F\(9N
<fc!NoHCOON
do
o.+
oo dULu1 (,
JO
=UOd,o JJUO
FOd
LLauI.L Uod.
<ntno
t!
rrJulFz.t!aco
o
o
II.J
=JOI
F.O>UFJZ+u-dOoa>-(.)C! Ado<u -6EOOo 6H<c{H ud,C. FrtF(/)
H(,H,s==FH<(lr<OH=Fc{=</)x
oooo
\o dr+ Hco c! 6H
Or+N \DrN@@(ON@+o Nnd+N6dcdr;x +dd+cioict;NT+N NNHHHH
O+6r+ n F\oOc!(oorr)orr)<fa)\0-+N<N H
aL!
b
J
FoF
z.,z.L)<.<HViOFH.n{F - . .2.Jdd Z, Z,()<JCO (J< Z.O< 4HUt<=oo-.<aai.(JFHFE=Z (JFH H <-OUt!O n{F Jd,d.t-d.oz. . Jdd JEo ci<JcOC)<<=c)C<>odl-L=2,t--L=Z OU UOa6600 uuoFd o zdildd*d6ztrJ LJ t]J UI-.F F FOOOO FF-FF
qaaa ooooc)oo o << <<zz.z.z.T!UJLIJUJ(j(-,U(.)O'dO<d
FFFFFFF}.aaoq oooo d dd d,JJJJUJI!LTJUJ(5('(5('JJJJFF}-F-
o.
Oro
-ii o<j. +H(\t\ o6NF\ O
-@z(-)o
tdUUCoFd
a
=N=da 211
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
OddOcr)coclo d
ooooo
ooooo
ooooo
:GI:o
,o +
ioo:d UOa(5
'Jr f,
UOe, coJJUO
FOd
lr-LU' Lr_ t!]od
HOHO+q! d ar)=i-HtoooNHO hCOC.,ONNO +coNo(f)nl (n
o
trJ
o()Lo00rcoNo oslNo(\t@c!o d mi+F-oF-IOCOO) HtrjUFz.
LTJ
U>co
oooooooooo
Orrrl+Odrolr)c! ddGl
ooooo
ilo-rq
H@@H
(Oif.\a5@
F-sfd ir{ Nl
aoor<oc\I\oHco H n6JO<NrO \o (O Or o l'.-\odF-N CO OOrO
=t c., co
o
au
OLL
F-(J >-
LrJ FJZ<UJ=iQO(,>CJC\J Adz.o<u -<
=6@/' 6H<C!H Uda t-a,FizHt/)<\f== a-d<LrzoH=oc{=<z N
@c!Oro
Ni N@o
odd@
<; o;@ r-l
o (\J4J o (Y)F\$d c{H N
oLo+lr)d+NN
iF-COOF-c'.,r'-o C!HC!
t/)
LUFo
Js5F r!Oz.
d
doF-!.2 U(5=Z,F V,
lL.D o
=l!oo-a
=o-@h V) -qq CO -@Qoo() . .600 . .oQ)c,ppp .. PD! .. Pppooo -d ooo Td oooF>> (.) HZF->> O -ZP>>LL UL\Z LL TdL\Z LL(I)o) EEoH\ oo cooH\ oo>T rOO >! q-OO >EOC \Z OE \Z OE
= =arv)\ = =o)o\ -<Pro <<+rtuoH O>Z H O>ZE> =>
do
=L!(J
lrJ-F
l!o
2o
F--(JUJUV,
aF
E
J
=d
TTJF
= t/la-a
Or=o=..o
C\l (J
.d*+<io
5 = FqqN F ,,@(uo() .. p]J{J
= @ z. -d oooo o o HzF>>
T! Ld UJ L! L\Z: L LcO F d COOH\ (l)(I)
6 \z, OC
= o =(uo\ =
= N HO>z.
=d,o=>
i-(JHz
LI L\zE OH\q-@o\z
= oo\< lJuoH o>-2.E>212
oooo
oooo
oooo
6600
Or o tr) <i'O .+ \+ c\l
o
Oro
oo dLrJ L@(5
JC
=uJodco JJtrJO
HFod
LLculL TlJod.
cO+ortmdN
tiJ
Ut!F2trJv)@
U'lrlFo
)
FoF
o
oUz.)OL
F.o>ul.-J:2.+LrJ=dQO U|>(JC\I Ac.o<. LrJ - UlEOOO OH{CTJH uJda FL'FO
;<(rkOH=F*tE<u)N
6NN dHcaF\F\+o
"-1\
qn9-1qq1
o<frO \O+@do+tOct(O(O (r<dddil
oorco(\tNdscrO!.,O@@(O coo@-+ood
z,2, <) <.<:*<nC)FH'H<F- ...2)dd z z,()<Jcoo< z(J< <Hui<=oe .<Ha .oFHFL=Z (JFH H<Fouuo H<F )d.d*d,oz. -)d.d,JcoL)<JCOO<<-()L<=ootsL =zFT=Z'3LULJOaaov, ouuol-cr ozdMd.d l-d oz.UUL,LIF FFFoooo FI-I-ts
an.hoa o o oo
uL!uu(J(.)(J(Jdddde.d,dd. ====uuu u.l u)a@a F E l-FFFFF FFF Fvraav) o Q oo d. c. d.eJJJJ U T UUA<5L'<DJJJJFFFF
o_
oo
-id Q
+,;dN\ oOlNF\(JE@2,UO
UUU6Fe.
a
= N
=d,o 213
ooooo ooooo ooooo ooooo
ooooo ooooo ooooo ooooo
c\,c!+odc\rdo F\@Il)OO(v (o F\@rr)ooNO o)(otoooHd ca
6do)dor(O CO 0l dro\ooatNN6 or (o lJ) o r+(oN6 d N(OCOO\Or+r+O\ d
GOOOO oo<) oo
fll?o
oo d.lJJOU) <D
JT
=uJod.o JJUO
Foil
E&Ul! taJod
ooooo
6@(aoocv6 +olmooc! cf)
d@Nodcao
dcrroHdN+I-- d
oo(, o ()
N M
OOe?rf)6NN
r)d+o@Nr+ \O d
ooooo
dNooocv+!o d
d d
ooordd+rf)+
oddodqrN\O N
o
oUZJou,
F.
UFJ2i+UJ=Hooa>.(-) N 6d,zo<uJ.<
=Oo{i a!J<N- U
c,FidH6<.sfE=aa<.<52oH =oN= <Z xo
do
=n(J
lJJ-F
lLo
zo
t-(,
tJJl!tn
i-0() az.
u-l L\zo oH\9-60\z
= 0i@\< {JUJO4 0>zE>
F
=J
dUF
=.nco
g\=?5(\ (.)
<fno
6 = -qqc! F ..6dJ(D\ o .. u.Pp
= co z, -d ooo:k: 953=6F>=U L! UJ UL\Z 3.Lm F t cooH\ (Jo
6 \Z Oc
=o=oo\=i 5 Nl 40>-z
=do=>
aao
U
UUl-ZLil
U)m
0UF-O
JsoF
co l'\NF-+dF\N
@c{.1e
t@F- CU
atrJ(Jz.
d
doL
(9z.
LL
J
=o
aa
=o-Aq A -qA Ed -0A6(l)(l) ,.6Q)u ..6(I)(,lppp .. +JPp ,. ]JpPoOO -d OOo -d oooF>> (J rz.r>> - az*))
LL I,!L\Z LL UiL\Z Lt--o)0 moH\ €)o 6oH\ oo.)>-o *qO >E r{:OO >rOC)E \Z OE \Z OC
= =oo\ = =oo\ =<PLJO <PLJOH O>2, H O>Z
=> =>214
HdOO
oooo
(orr)@ca
O N
dH6H
NNOd
oooo
@c!orond+
odd
H?o@No
l,r..lU' ('
JC
=UOdo J-JU
iFOdHc)LO-lJ- LiJod
u1o
L!
Ula
o
UJ
OOH Oelr)C')Fr+l{)qa9 aa?annq
)S LO(\,H (.){(\doF\r+
c\j+(o c!r.odddH
o
L!
ULuFz.U
o
o
olal
OI
F.o>UFJz+l!=Hoo>- (.) C\.1d<u .oEOOO
-{c\ixdaFc,Ft,
+==FH<CI'<OH:FN= <(,
NIOF\O)lO('rNOlOl'-dLO\OOoN<fo€+d *
C'1trJFo
J
FoF
z.2,<) <<:H uioFH.H<F . - .2.)d4 z :1C)<Jm(J< Z.t)< <av><=OL '<aui .(iFeFC=Z (JFH H<FourrJO H<F )dEld.oz. ,)d.d,Jmc)<rco(.J<<=oL<=orljL2ZFL=Z C) U LdOA6U)U)OlrjuOt-dAzdd.d.d.t-d.aztr.l t! trJ t!FFFI-oooo l-t-l--I-
au10t/toooo
UUUUO(-)(JQCI.d.d,d.d.d.d,d ====L!T UU AAV)UI F F FFFFFFFFFFav)ouroQQoddddHFi HH JJ)) UUUU(9 (5(5(5 JlJJ FFFF
=L
cllO
.jHOr+ cdNNO6rAIF(J
=@z(JO
UUUcoFd
E
=o
= N
=do 215
ooood
ooooo
oooo o
OHHOO
ooooo
ooooo
odHoo
ooooo
ooooo
dodoo
ooooo
ooooo
o
o@
oo E.UAul (5
Jd=UOd.o JJLdO
F(J d.
LLTUILU()c,.
\ooroooC! H C?)
\+o<foRlNdo oil(\o+NdCO c! ot dooiHcr)
.+\Oood6dN ctro@o(')
OHQ
OOrO)OC\t630
oc)
U
OrHO O i!+NN
UJ
LjJF=til
a/'tm
.+ooon$s oHoo6NNT.)oooooNH< d N6rOdc\rc{ q d
oo60rd<irn F\@lr)Oio+rf) i C!NO\OF\o<ts H
r)N1q
NNro st
{O sta{
@Hto c.)
cl F\ool
oro(9(f}
o
a
U,]Z,JOLL
F-c) >-UFJZ+Ld=dOo t/>>.oN adzo<Lrl -<
=a6/i oH<NH LTJ6<A Fr.FdHa<
=e E=oH=oc!=<z .Y
-&.o
='LlJ(J
dr! Ld
F
U1 .TL o
=oo
C.)\F.dU() rrl
= -qO 6..o(,(u
'' PPIJ
-i O () o -(J Hz,l->> (.)
LJL\Z LL dmoH\ c)o cov60 >E\z oE
=o4\ = =A o>2. Fi
=>=
=L
cll?(!d o
<t' .dHC{\ ocltNF\(J
=coz(JO
U U UoFd
o
=o
= N
=d.o
+ro@d-+,;NN
uFo
J
FoF
t/7Lrl(Jz
d
Fzt!z.Ft/1=r)6
Eor
(9z
L
---l
3d
-p
=o-Oq A -qq m -qq. .@q)o . ..OO0,' . .€(uC'+J+)p .. lPlJ .. pP+rd o o o :LH o o o =d o o oHz,l->> o Hz.t->> (.) HzF>>
L\Z L L LTJ L\=3 L L LJ L\:z
'-
IoH\ (l)() cooH\ o(u c6OH\ (l)o)Loo >E tsqro >E q-(/)o >lc\z oc \z oc \z olo@\ = =06\ = =o/)\ =PUO <PUJO <PUOo>z Ho>-z *o>>
216
oooo
oooo
c.) 0lHg,sJd
N(O(O('COC!r+d
oooo
oc)oh(oH<l
ot
oo d.uJau, (.,
JA
UOd6 JJUO
F(-)d
LAULL LJo&.
(.osfO Or*N@Oro\o@o oooo+oo
r-oiRi oi dc;cj-jd+t!c)co (!Lr)HHH*
<nvlo
td
UJ
UJFz
UJU)m
d(DOr=lrO@stc.td H or or r.0< or c{
Lo_ <i. ro .+ dlr.)Fc)
J
FoF
o
oU2)OLL
F.o>-UFJZ+LU=Hooa>-ON 6do<U -a
=o@o aH<c\lH Uoao FL't-t,
i+==Fd<(5<OHDFN=<@ N
z.2.<) <.4:aoOFH.H<F t . .7Ld'*, z zo<J mL)< Zl)<. <*<h<=Oo -<HUi 'LiFHFA=Z (JFH H<F()LLIUO H<F Jd.d.I&,42, .Jdd,Jco(J<
-Jo(.)<<=(3L<=c)a-tso-=rzt-:d,==bur!6.n(naqouuJoFoaozd d.d d,L-d.62UUJUJUJFFFFOOOO FFFF"a'v)'01n5o65
c)o(lo<<<<z,z,z.z
LrJ Lr-! Lq U <) a) A A d, d, d. d,GGEG. ====liJ !u !J t! a v> q q t- l- l- j-FFFFFF}-F-qqoqctoood d d.dE=HHJJJJI,dUUITJ(r(5(5(9JJJJFI-FF
=c
OiIN o
=f oiN\ oo(\rF (J
-@z(JO
td riJ t!6F-&
o=oA-({
=alo 217
ooooo
ooooo
ooooo
ooooo
<l'F. H O Nd N
(\ oRlocoot(olo d
ooooo ooooo
ooooo ooooo
N6OOOH N
(.)OHON
d c\l
ooooo
.oFaqd@F- (l
(r\odo+d+(o
dd
rotr)0oc')d N
ooooo ooooo
dHNOOc!oro HHd
ro \o N, o f.)dcDlr) d
C{o
oO'
oo d.tJJra(,
JA3
uoeo JJUO
F(Jd
LL a LTJrl!od
rr)r+OroCf,6c! N rtOt(rOO)6 N (r)Or<+o@6dN F.\Or')oor+fc!N
t-/,ao
lrJ
at!FO
J
FoF
oooao
.o (o ora d+dLr)++@or\,\oN.t@oc!+96 HN CO ON(r(\o
o
otd
O lr-
F.(J>UJFJZsl
L!.1 5 Hool,>-(-)N U,d.zo<LJ .<
=O o(, oH<(\H U
H.h<sf==aa<-L9ZoH =oN=<Z x
(.) Nul 1ooleo
dOlro (')
oi.;NNI
a
tJJ(..)
=
H
d.
c{@co \odr;F\N
(.Jz
(J
&,o
=nO
U
=F-
U-o
z,o
F(-)
trJJ
Lda
t/)F
H
=J
=duF
=aO t)
ol=o=
c{ (Jo.d-.+OrO
Or = -@@N F- . .OOO)CJ .. P.P+J
= co z -d ooo(-) o (J HzF>>
UJ U U LilL\Z LLCn F d. 6 OH\ O O
o \z otr
= o =o@\ =
= c{ A o>2.
=d.o=>
a3
=orq(4 v1 -Oq CO -0Ooqj(t, ' 'doo .600PPP " P,PP " PPPooo -H ooo -d oooF>> (l HzF>> (J Hzt>>
LL UL\Z L, tTJL\Z LL(tr,(u EoH\ oo a]oH\ 0o>g ts(no >E F(/)o >EoE Er)( otr Er)€ oc
<'IJUC| <pr!C)aO>Z ;O>z
=> E>
('J tZ.
LU L\Zco oH\9-oC)\z
=
q)6\<pt!oH o>-2.
=>
dOFU.2 LI(5=
.F
</1
t!--6
frdo
218
do
oo
oo dtdLut (t
Jful
lJOd.o JJr!o
F-(J d.
ll o LrJLUod,
tnt/,o
IJ
trJLuFz
UJ
d4
o
nU
O(!
F.(.)>UFJZ+u=doo6>-oGl 6do<U .@
=600 6H<C!H Ud6FO 'FO.+ =lFd<(5<OH=FN=<i..):€
z.z.o<.
<Ha/)OtsH.H<F , . ,2.Jd.e. z. z.()<JmL)< Z,<)< <-Ui<fOL -<HA .O-HFJL)=Z OFH H<FOUrrO H<F Jddld.dz.:Joa04--1 oQ<JcO(J<<=Oa<=oLFa =zt- L=,2, o uJ rJ ov>aaaotdrJoF-dazd.d d il.Y-d.azUUUUFFFFOOOO FFFF
u1./7 tn ul0 0 o o
uuuuo(J(J(JEd.dddd.EG, ===fULTJUU@AAAI-l-l-l--FF}-FFFFF.6Aa60 c)c)oEd doaJJJJUUUJLTJC'C'(9C'JJJJFFI'-FLrJtdL!LL!<<<<OO()Odede. EciE dco>>>>
=r
Ol
^;o
<{. c;H r)\ oOl(\l t-\ O
-coz.OO
UJ UJ UJcr)l.d
6
=o
= o
=do
dodo
oooo
oooo
It.+|IrcoF-dtn
Sst@(\.1NLOOCONH
o@Lr)N
RJFrd NO(rHc\J\ON\"^: qNlnPqr:1
o@H o1r)(ncoc.r@roc!r+(.) (\l€r+HH
Cr@r+HC{\OOrl-\@Hfo(oH@(o6Or\O<+O!.+ N
Ni
u)I
b
J
oF
219
ooooo ooooo ooooo ooooo
F\\Ooo+Ol+(Oo<+nHF-dda\lol.c)6NN ol dooNooN
dOdOO
NON O C!(o+o c!N
d06o@nco@ c?)
C! O nO Crl
=f <l- co (9 ooooiGtro@ $
dodoo
OOOOO
r-{odoo
OOAAO
dodoo
ooooo
crco(oo+coNo
ooaq
l9 coF- $J
F-F-<tO@F-@lO $c! co
ooooo
N
oo
oo du-l ctno
JC
=LlJ Od(')J
-.JUJO
Fod
LCUtL tlJod.
U)
o
t!
Ut!FztJU)co
o
oUz.Jc) tL
F.(J>rlJFJZ+t!=dOoo>OC! Ad,z.o<LtJ -<
=ao6 aH<(!H t!E;p iiH(^<+==LH<(rzOH-O(!=<z
5e
LOOTSO\O@oo
Lo(t@o+NOO 6CUdCO
66oq'1
c\JN@r)
ord€o
.,i"d@d
+\oNN
oi c;F-N
l-\CVOrOdco Nro @@ \o o+@do
F-6LOOr--oF.@ c.ro r)
OrF\(OO(Oo\o\o +c! cr)
.4trjFo
J
F"ol--do
=
L!o
Lil=F
t!o
z.o
l-(J
L{-lJua
'U'
F
=.J
=d.Lilt-
=6d u',
Or=o=..o
NOd o \,d+oo
Or :f -qqc{ F ..ooro,\ (J .. P]J{J
- co z Ed oooo o o Hzv>>
l.lJ u ul ull\z LL6 t- d, COOH\ ()O
E O E \Z OE
=o=oo\=
= (.) H o>z
=d.o=>
o-A
=orotA A -a@ CO -Oq6(D(lJ ' 'OO(I) . .6O0
{J]Jp ,. p,p.p .. Oppooo -H ooo =H 600F>> (J HzF>> O *z*))
LL LllL\Z LL TiL\2 Lqc)(u mOH\ OO 6oH< oOBE -*<9 BE **<9 BE
= =oo\ = =dlri\ =<PTJO <PUOr O>Z H Ct>Z
=> =>
U HZ
U L\Z6 OH\F(/rC>\z
= (1)o\<.pr!oH o>2.
=>220
do
o
d
oo dLil ccro
JL
=UOdo JJUJO
F(J it
ILoULL IJod
o
UJ
lr.1Ut-ztdr/)m
o
oUz.Jol,!
F.(J >-UF-JZ+bJ=dool!/)>oN ad.o<Ll -a
=660 AH <C!H tJd,a FL,la
r+ ==FH <(5<OH=Fc{=</,
>q
z,. z.L)<.<-<hC)FH.H<F , . .zJrf.ct z z,o<JMU< ZO< <HU,<)or ,<H6 .(JFHFL:Z OFH H<F(:)UUO H<F Jd.d.t-cEaz.)d4Jco(J<J6(J<<=OC<=oo-F o- =zFO =Z Ol!UOaaaao uuJoFd6zdddd>dozL{ LU t! lrjFFFFOOOO FFFF
u7u'rtn u) o c) c) c)
U U td LrJ O oo (j d.d,d.d,d d.d.d ==rf,rrJuJtrlulaaa<r>FFFFFFFF.FFFFaaa6 00oo d.d,d dJJJJUUUT(5Cry(.'(5JJJJtstsF.F
Eo
Olo
Nd o
sr-;d cr)ooNF\(J
-@2.oo
U UJ I.J6Fd.
O
=o
=co=do
oooo
oooo
F\NC!@6 N
HT')N +6HOd
oaoo
dNo-l 6NN@@6OF\oor+ ('r+N@o.r\Oo.'
-idr; n-c;.i 'iddNc!r+o d@NH H
(o(.)CtOI Od
(\l d (-o rr) sf lf) F. C{dtnLOOslC\r@(ON-N rr)r+ dUJFo
I
FoF
221
o o oo<)OOOOO ooooo ooooo
ooooo ooooo ooooo ooooo
cIrF\(OOiNCO d\OF.OO @@\oodN 6 i Lo(oo dNd6
No
o
d
oo d,tiJ Cut (5
JL3
LTJ Od.m JJUO
FOd
TL C IrJLtdod
a/1a
U
+ tn O) o c\l<do Ot CO F.. o sl(rHs Ir, N F.o t+oc!o <l- fY) F\ o r+c7)c{n
oooo o ooooo ooooo ooooo
FT+O No +ONOO\Oco .d m@do@o +@mdo6Nd+
oooo roHNO
(')H<.OOo (od) d
d d
\.oCOr+OOdraoo d od+oo@lj)co H
d
+\oq?
dco\o c9
+6\oo
,-.; cdF\ c!
F\ cOq-1
ro cf)NN
o
otlJZJOIL
F.o>UFJzsLTJ=Hoo u)>-L)(\ AEZO<u -<
=oor, oH<C!H td
L ,Fd*a<+==La<AZ.oH=oc{=<z x
do
no
r!-F
t!o
o
Fo
lJJJt
-i(') HZ.
Lrl L\Z6 0H\9-Lo(3H \Z
= (u(/)\
<Il,rJOH o>-=
=>
6F
=J
=d.uF
=u>a- v>
.'o
GI (J
H O \-d.
rfdO
O = -qqN F .oo(uaJ '. 1J4J p
- cD z -d O O oooiroAzl->>
ITJ U U LTIL\Z LLCD F d cooH\ (u(U
ci \z c)c
= o =00\ -
= o H O>'2.
= d 6 =>
.+ \oH@
oiciF\ c{
t/7r!Fo
1
FoF
aU(J
d
doLL
(9z
u
J
=
o-A
=oa@q U) FOq CO -OA€oo . .ooJc, . .6ojo{rp+) ,, +rp{J .. .|).pPo o o -d o o o -# o o oF>> c) Hzl->> (J aZ,F>>
LL iJL\Z LL TJL\Z LLOO EOc)H\ OO COOH\ OO><, F(./)O >]f, q-4C) >EoE \z oc \z ocI =oo\ f =oo\ =<.PUO <PLTJOEiO>z, HO>z
=>' =>222
oooo
oooo
OC!<F\F-(ONd
(.o rr) Or (\l\o + '.o ro(\d
oooo
c\, c! or io+Nc?H
o
oN
oo dlrj O-a(5
JLf
trJ OdcoJJtlo
FOd
ILcULLUod
at/1o
U
lrl
UJF2td
U1co
o
UJ
=,JOIL
F.O>UFJz+LU=Hoo tn>ON 6d. ct<u .6
=aoo oH<c{H rJda l-a,F(/)HAH
=t==FH<C,<OH=FsJ=<4,x
NM6 ONCiNNd@ocvco oH@@c!ocr)
cidc; dN.idN.; -io6(f) 6NNHC\] Hil
F\cttoor@otorooodNoddoo@Or@+NHd
N
aUFo
)
FoF
z..z<)<.<aat
OI-H.H<F . . ..2.)dd z. zo<Jco(J< z.)< <sYj<toc .<H0 .oFHt-;dZZ (JFH H<F-OUUO H<F )ddld,6z, -)d.&,Jm(-)<JcO(J<<=c)&<f,orFc =zFc=zouulo@avttno ujuoFd ozd.E dd*d.ozuJ lrJ lrj UFFFFOOOO FFFF
av)ulaoooooo60 <.<.<<-=z,z,z,uJLrJL!UC)l)(J<)ddddd.ddd, ====UUUU AAOA FF FFtsFFFFF}-F@aaqooood d d dJJJJUUUUJ(5(5('('JJJJFFFFuuuuJ<t<<<oooo
=&
oo
R;H O
<t c\id cf)\ OOlGIF\(J
=coz.(JO
U U Uco t- d,
E
=o
=cr)= d o 223
ooooo
ooooo
oo ooo
dor\*lo(o\O cr)
r+O)(tH<+o@ rf)Ndco
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
oo ooo
ooooo
No
oN
oo d.uo-a<9
l4f
UOd.o )JUO
FOd,
L.oULUod
roc.r@o(\st (\l \O \o(oNocD+d\O NONO@.+Nro so@oNONO H
oLflrnoHo@c/) c,d N
dH(\dca+coN +iN
(Ot.OO(Oo@N .+dN
(tlcONo+ooi oiaN
tnao
U
UUFz
LUl/1m
a
trJFo
J
FoF
oooo6
OrdOdi+06 N +oQeN6NO N r)Noilil6N6 N ONNO6lJ) N N C\.1
O
o
Ld
Ot!
F.(J >-UFJz+ulHooa>(JN Aoazo<u .<
=a@ui -H<NH LTJaao FL,t-dH(r<+:Ef ad<(5:zoHfocu=<z .\
Uc)z.
d
d.OF.U-.2
trJ(5E.2..F
a/)
'tL.D H6
=LL .o-ood.
=o-O0 A -Aq m -qa. .d(uo . ..uo() . .ro{u(!){J.P,p .. p{JP .. pp.pil ooo =d ooo -H oooaZ.l))Orz}->>O*z*>>
L\Z LL LJL\Z LL LiL\z LLOH\ (uO EooH\ (l)o cooH\ q,a.rq-6o >! \-U)O >E +6O >c\:e oE \:z oE \z ocoJ(r\ = =oo\ = =qro\ =PUO <+JUJO <+UOo>-2. i o>-2, F-l o>-2,
v)g
E
=.LUfg
dI.U UJF-F
= t/)caLr-OOr=o=.2..'ooc!o
sNOEJ
Ot = -qq tnN F . -6(l)(l)\ (-) .' lJPp
= CO Z, -d Oc}O =o o o HzF>> u
td U I.J UL\Z LL LJo F d, cOoH\ (U(u 6
H A E \Z C)E
= o =oo\ = =
= cD HO>-Z *
=d,o=>E
d6c'rod+n<t
@NOro
C.il-€c,
do
C\] F..
dd;\o (,
dosdo+(\r(0 F.NIHCO
@$c!droC\l cO (.o F-Nd6
<lcrf-otOr(o<f Orddo
224
aaoo
oooo
@ \o F.6rodNd
o
oo
oo dL!ra(5
Jq=UOd.6
-.JJL!O
tsod
t!AUL! tilod
\o@o@cvLo$c{
UJ
u
UJF
UIanco
OF\HrJ)LOl..iF-Orrr}mo+ @OLoFrcocoloGJ ij
lrJt*o
J
FoF
oooo
HC4SS@i6H
o
oU
OLL
F.c) >.UFJZ.+
Li.l 3 iOoa>(JGJ Ado<l! -a
=o€o aH<(!H Ud.C' FA- ,F(,
StE=Fd<(r<oH=tsc\] =<o .\
Hn+ iNF\OF\rOC!o<Y)N ONNOC.)H+
OrtO(, rt)HCa(t+C!Olils(f) cqslNn(\lH
z. zoazc)< <Ha.<FA .(iFH
C)FH H<FH<F Jdd. Jd d Jo(J<Jmo <<lo&<=oLFL=Zr d=zouuoouuo-dozl-daz
FFFFFFF F==ff6ulAq OOOO
(-)C)(.)(-)o<,tEd
AINU)V'F.FFFF FFFoo(f,od.dd.dJJJJUUUdJJJJF-Et-F
,z.o<<HaL)FH'H <FJddJcO(J<<=oo-ts o- =:zoulr!ot-d az.
d.d d.d,UUUUF-FFFoooo
ooooNLilUUIdd.ddUUJU UF. FF F.
(, (9 (., (5t! kl u L-Jddcld.
C
o
r.ido
+.;do\ ooNFC)
-@2,(_) o
UUUE6Fd.
oEO
-f)=do 225
ooooo
ooooo ooooo OOOOO eoooo
ooooo OOOOO ooooo OOOOO
(o\oc{o01
ff)HO
ioH<)<>+dlo H ooooH<HIO H st'co N o o
H sl- !oH orrr,(od <\JHGJ
cqor(\o(.)tO+O sfd c\,
NOHO+<too stH c\l
cDOrNiC{c!l'-o +HN
ooooo ooooo ooooo
+NGON+is oooo€<fdlr)cD6NO\Oo€6 c!q!+o+6N6
H@F\dQClN(ro Glordo6NNO C!Olo Or O F.(ooo N F\o\0dorooo N
c{o
o
oo
ULa<5
JA
=trJ Od(,JJtrJO
iF(Jd
L A. U.JLUod.
v1ao
U
U
BJFztrJ
m
o
otfJz,)otL
F.()>-r!Fr:z i+
td=dooa>-(-)N ad.z,o<u -<
=o60 0H<NH U
d.*dHq<.+= =o-d<a52.oH=oN=<Z )€
d.
=t!
LLj-F
LLo
zo
F(J
trJJUa
-H(J HiZ.
LrJ L\ZCO OH\Ltrc>\z
= or^\<+)rroH O>ZE>
t/'tF
=J
=UF
=ao- ut
HOrE..o(\ (-)a a \.d+mo
O\ = -aqc! F rooc,
L) .. P]J{J- @ z -H ooo(J O (J HZF>>
U trl LJ trl L\Z L LcO F d. cO OH\ o O
Ct iJ \z OE:= o =o(r\ =
= cD H O>-Z
=e.o=>
(t! Hq-1
oo\\o (t
no9qo6F\ (\
+€F.N
'ri+l-\ C{
(9N.JN
.; oiNN
U1
UJF.o
J
FOF tJ(Jz,
d
FzU=Fv)=Do
doLL
(5
z
L!
J
=(f
a-a
=o-qq A -qq 6 -qq.o{D6J . .60(lJ ' .6(10]J+r+) ., P{JI .. PppoOO =d OOO -d OOOF>>(.)HZ,t->>u*Z.l-))
LL TJL\Z LL LIlL\Z LLo(l) cooH\ ()o 6oH\ o0>E 4-AO >r:' q:Oc) >EOE \z oc \:z o-
= EO(r\ = =(lj@\ f<PrdO <rruoH o>z H o>-z
=> =>226
oooo
oooo
CO !r c, Crrr) + c')
6ocr(oO rct F- C\J
odo-
o
UJ
ao
u
TJUFz,Lrjtat6
o
oLJ
do
o\o(.)o
LrJu) (5
ld=UOE rr)JJ tr-l
l-0()t oIrotr- Lilod
oooo
l'- O lO c!o(\(oc{
d
ZJotL
F.(J >-UFJZr+u=do(}a>-(.JC! 6do<u .o
=aoo oH<NH TddoFL ,l-6
+:EfFd<(Ird
OH]FN=<i'
roor(oroNN!ol*\do+\OF\o
dN oi.j<i c.;<;N!r)Hddd
moNt? tt? e(O l'- \Od+o
olioNdotddNoN++6NN6\O+ C{-Or N d
N H
t/1
UJFo
J
FoF
2,z.r)<.<Ht/-,OFH
'H<F . , .2.)d4 z =o<Jro(.)< z(J< <aa<=Od .<HVi .LjFHld=z OtsH H<tsOULJO H<F Jd.d.ldAZ..JcrdJmo<J6C)<<=OO_<=oaF L EZFq=zOuuouravtaos)uol-d, azd.dd.d.t-d.az,uJ trJ lJ l!FFF FOOOO FFFF
.nulLatnoooo
trl UJ ul uJ (J (J (J (-) d d. d d.&.Ed,d, ====uuu u a6aa F- l.- t- l-FFFFFFF}-'tha./>q()oooor d d dHHHH-JJJJUIL\JLdLU(D(.,(5(5JJJJtstsFtsurrJtrJt!<<<<ooood. GE N, O CO cO cO > >:>:>
=d
Oro
N;io
r+ .dd o\ o
c{ l--\CJ-coz.C)O
t! UJ LJJcoFd.
ozo
D O
=d.o 227
ooooo ooooo oaooo ooooo
ooooo ooooo aoooo o <>o oo
F-(rOOc')r)Ho 6Or N O\Oo+$crNo(0(f)n $F.. clr (O O F.NH$
c!o
(o
oo d.trJ o-v} (5
JC5
U-d- aaJJI]JO
*F(.) d.
u-cuTLUod.
an
o
d
(oc.r@od(OLr)H NNslr+oro@sf(! F{J(!(OO(O6sr c! d @<fod@ooN dUt!Fz
UJa6
ooooo ooooooooooooooo
or)DimOON Ndc!
@OrNoN@N\O Cf)d c\.1
dOHilU:)N(OO Or@ F- ooT.oGIOI d @o@o('t!O+Or \o ooro @lr)+Or
(f
oulz)OIL
F.u>u.l FJZr+u=dooa>-(JC$ 6clzo<u .<Eaeri 6H<NH Ud.C' Fc,FdHLA<:+:Efod<(52
OH]ON=<z .\
F\od@
i- Gi(o co
coF.rr)d(f)N@(O C-)rc!
NO^l\\o tf)tr)+
4) rrc, o \o+ Hio cod dc!
dolaqoc'lNN
oldqq
('lo\o (,
t/',trJFo
J
FoF
a
LJJ(Jz,
d.
d.o
=
LTJo
UJ=F
l.Lo
z.O
F(JU
t--u
=Ft/7
=-)o
doLL
L'z
tL
J
3d .odd.
lo0 -Oq O -0O. 'oq)(u . .dorc)
'' tJ+J+J .. PPPrd ooo =d 6c)0(-) HZP>> () azt-2)
LrIL\Z LL uL\Z LLcOOH\ o(l, G)OH\ (IJ(Jvao >19 uao >u\z oc \z oc
= Or.a\ = = oo\ =<Prdo <PrrJO4 O>-Z H O>2.
=> =>
)uJU1 ?qq.,oo(U,. +J+)+rrd ooo(J HZt-:>>
I!L\Z LLCDOH\ <1)(lJLOO >E\z otr
= dlo\ =.( puoH o>-=
=>
aF
E
J
dTJF-
=qcan
O\=.'oc!o o\.d
sf\oo
Ol Z. Pqqc! F- . .@q)oo .. ppp
= @ z. -d oooo o (J HzF>>
trJ t! UJ Lrl L\Z L Lm F d. cO.OH\ O o'
O E \Z OE
= €, =(,o\ =li = o i=-O>-Z
=d.o=>228
oooo
oooo
NdHO
N@(\C!SJH
oooo
od@d
ooncn+oHmon(oHd+dc')OIH + <f
?o
F-,
oo d.uo_o(,
JA=Udd.o JJUJO
F(J d.
LL&ULL IJod
C!0rOr (f)IONO(.orO\Ol'\o F\+@+o+N
'J.i.j c.; .id.+,oF-H++ NF\
./)o
U
L!Ir.lFzt]la@
ar!rb
-J
Fa5F
oL!z)OL
F.(-) >-LilF
u=dOoo>- (J C! t/)do<tJJ -(,E6EO OH<(\'H Uoao Fa'Fo
+=3Fd<(r<oH=Fcv=<(,
z, z(J<Z,a)< <Ha.<HA.(iFHOFH H<EH<F Jd.d.Jdd_Jmo<J@(J<<=C)L<=ooFc=zFA=ZalUUOOutrJOr-d.OZ.*d oz.
FF FFFF FF=f5-aaaa <)ooo
(Jc)(.)(Jddddft55AV)LAaFFFFFFFFoooo &etdJJJJL!UUU
-IJJ JFFFF
dd dd>> >>
z.z<) <.<aaOFH.H< F)ddJco(.)<<=oc
O LrJ LlJ Ol-daz
U, ala ln adddd
LrJ lrJ U UFFFFoooo
oo6 aUUJUJUd &.d.d
LrJ U lal UFFFFaau)o
<9 <5 LD t5UULTJUJdddn
=o
OlO
c.id o
<i' Ndo\ O
NF\L):E@zOO
t!uucc) F- d
oZo
= o
=d.o 229
oo600
ooooo
or(\Ho d
ooooo
@dood
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
@oooo
ooooo
NN6Oi
C!o
oF-
oo dITJ Ca(9
JL
=UOd(n )JUJO
Fod
LAUt! uJod
ONNOO
(r+(oo\0
(h d ooN
d
GILOF-Otr}ONF-OO
L/''v>o
t!
r)\OOlOcO
ooooo
OHGOH
ooooo
OO6OH
o
oUz.JoLL
F.(-) >.t! F-JZ.+l!=i oo (n>-(-)SJ 6d. z. c)<Lr -<
=ooui oH<NH L!dorL'FdH@<sl.E=od<ozoH=oNE<Z >€
d.o
u(-)
lr.l-F
l,!o
o
F(J
trJ
-.1LrJU)
(J HZ
U L\ZoO OH\iF@o\z
=
(l)@\< PUOH o>-zE>
u)t-
2-
J
=d.LdF-
=u)c(n
ot=oE,.u
N(JH O \.d+F_O
O = -qqc! F . 'o(JU\()..P{JP
- co z =H ooo(J O O HZ.ts->>
rrJ tJ U trj L\Z L Lco F d 6oH\ ()(u
o \z oE:E O = (J(r\ =
= m A o>-2,Edo=>
Hortnlrn <t\o (t
(oN6OONH<f)
r)Nn9
CD@cod
@Noor
..iai@#
(!@oo
.d s;NN
o 6OrOrr)o 6 oF-F.c)F-(, (r)o(o\oo@cr, (a0lrlt-
J
FoF lrj(Jz
d,
de
=o-40 0 -qq CO -qqooJQ) . .GO(l) . .EO(u
+J.IJP .. {J+JP .. TPPooo -d ooo Id oooF>> u -ZF)) O HzF>>
LL IJL\Z LL lllL\Z LL(uG) CAOH\ (I)(L, cOOH\ OO>E Fcrro >lJ soo >EoE \z oc \z og
= =o(r\ = =l)l)\ =<]JLdO <PUOH O>-Z H o>-z
=> =>
d.otL
LDz
LL
J
e.
230
ooo o
oooo
odd
o
O@
COo
tdUI C5
JO-
=uJodo JJul
(J 'dol!LL! !lod
o
lrl
c) eNd
or)F-oLOdC!H
ao
LTJ
ttjuF=t!
m
UJFo
J
FoF
oooo
F\@O NNdO+dNLO+Ot C!!.)NoNN6
oid;.i Fj.i.j+rioioi\J(r)CO C!nNddd
r4rooco
O\OF.F\\O@+r+(o(.)N<+(odc')d
o
oU
Ot!
F.(-)>uFJZ+uJ=doo{,>(JN Ado<uJ .(,
=o€o dH<NH UdoFL,+A
+=-Fn<cD<OHfF-N=<ti,5€
z..2.<) <<:s riOF-HrH<F , , .Z.)d4 z =<)<Jm(-)< =<)<. <uui<=Oc .<arn .cil---Ht-L2.2. (jF-H H<FOLTJTTJO H<F- )ddld.a=..)dd.Jco(-)<J6(J< <=Oo<=ocFL= ZFr=ZOLrJutO.,ftau7u'rotuuoFd6ze.d e.d. F o< o zUUU UFFFFC>OOO FFFF
@v) v)a oooo
LUUtuJ14(J(JO(Jdddddd.d.d, ==>=uL!uu666Attl-tFFF.FFFFF.naaulo000d d d nHEF!HJJIJUt!lrJuJC5C'('(5JJ-JJFFF FtrJL{uJuJ<<<<Oi>OOd.d,Gd.6 66m>>>>
=
Olo
^i- O
9@d r.)\o
NJF
(JO
UUUcoFd
o
=o
= o
=do 231
ooooo oaooo ooooo oooo o
ooooo ooooo ooooo ooooo
(', o(ro o dcvmo o H(\J(O(>O c!dcnoo
sos o (or, d rit (\l \o @o (\OC')H ('rl'\!OO$
dHcn d @@\o o <HH(N d
ooooo ooooo ooooo oooo6
NdOOO oHHO\l @atHoc!F\r+Hoc\.1
c!o
o@
oo dL! O-a(D
JO
UOd, c')JJUJO
F(-) d
l.L r U.Jlr uJod,
aaoo
.+ K;6$
aooo
ui+t!+
U)U)o
U
UT!FzlrJt/)d
auFo
)
FoF
o
oLilz)Ot!
F.(J >-UFJZ<f
Ooa>-c)RJ Ad=o{u .d
=aod 6H{CV- UE;r-kHA<+:lLH<(52oHtoc!=<z
@AIOO\.oNNI, d rooo6NNO H
F\O(oo
.jd@d
Ordoa\o$Ho
Oriqn
(\j F-cOH
CqOrC\lo+s6d
dOFL.Z U(5=z.F U,
u.D o
=tLoo
o-P
=ct-qq A -OO EO -Oq6Q)(lJ ..rooc) . €<DoPlP .: PPP .. ! PPooo -d ooo -d oooF>> CJ HZF>> (J HzF>>
LL I.JL\Z LL tdL\Z IL(l) (l) CE OH\ o o. E oH\ 6J o>-9 q-@o >! EOO >EOE \z oc \z o-
= =OO\ = =(l)o\ -<HUO <PUOa o>-2. il o>z
=> =>
-d(J aZ
LjJ t-\zrfl OH\1-/)o\z
= o4\<4JLlJO
- o>2
=>
0UJ(Jz
d
rX,o
L!(J
t!-F
L-o
z.o
F
L!Ju.la
F
=J
iltrjF.
=u)av)
O'=o=..oC\' (Ji o \,dsf@O
Or = -q@C! F ,.c(l)q)\ (., '. +rppr @ z =d ooo(J O () HZI->>
ITJ U L! U L\Z L Lco F & oOH\ (l)cJ
af ! \= os
= o Eo(r\ -=
= cD H O>-Z
=.lo=>232
oooo
oooo
o
a
oo dLrl c<,f, cD
JL
=UOdo JJUJO
FOd
LLcuLL tdod
o
U
UJlrJF.2t!
cd
o
DU
OLL
F.o>.UF.JZ<d-U-Hoon>-oN ad.o<U -@
=a(o(-) oH<NH UoaO l*A- ' l-tn
+==Fd<c'<OH=FN=</)x
+coo(oc!f,
oooco(O(.r(rd
oooo
f\HOtF.Lo t (.)
\OrO@ CONOO)OLOCOnor @NoH@oo.;r;d d -idd+-i,;Nt+(9 Nrr}Hiii
u1 0d(v)\o+(I<r-dd r-)or\osf6c.,F- \OCOrOio
)
'tsoF
=.z(J<<iAOl-H.H<F . - .=)dd z. z.o4JcOC)< =O< <NCt<=OC -<H@ 'OFHFo-=:z (-)FH -41-()UUO - {F )d.d|--d,az -JddJco(J<Jm(J<<=OA<=o LFO-= ZFc=zot!uo0aaao u uoFdc) zdddd j-d.62uuuulFFFFOOOO FFFF
u> ululao oo o
uuuJlJ(jL)(JOddd.dd.de.d, ====t!uUtrJ(/)U't</Tt,FFFFFFF}- F FFFanbAhaOOO d.d.d.d.JJ JJUUUU(,(5(5(SJJJJFFF.FuuuuJ<< < <oooode.dd.cooEm>>>>
=G
Olo
oido
+C;d $o
OrNF\(.)
-62oo
U U UcoFd
oEO
I <Edo 233
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
ooooo
ooooa
ooooo
ooooo
ooooo
ooooo
oorsooN
r+Ndocodsl \ondoc.)dc!cf)@doodN
C.)@dONOHN c.) o(f)o oONN +EOOOSiF\ H 'f)cocqoo+NN d
c{o
oo
60 d.L.J A.ALry
JO-=UOd.m JJLJO
rL) d.
t!Gt!t- uoar,
o
rd
LUIUFz,lrJ
6
€)@6od @ostoca+6 o N HO(O(.)Hto F-\OCVOod)d6
o
otiJz)O lJ-
F.(-) >-LdFJZ.+u=dc)o a>-(-)N Ad.=o<ld '<
=o@ri oH<NH Ud.Ci F
HA<:sr'= t ad<(52oHtoN =<z *
U)lrJ(Jz
dag
==. u-lJO
dUJ LrJ
=aFLU),T!o
?56
NOdo\l-.dc)
Ot = -qq Acv l- '.6(l)€l\ (J .. pfl]Jr co z. -d ooo -(J o (J HZ,l->> C)
U U U UL\Z LL UE F il 6oH\ (DO CO
o \z oE
= o Eol)\ = =
= <t- i o>2. H
=de=>E
Nr)oor
rr;$(o (o
@<lFSN
.d d;F\N
66c) \o
.d c;F\ C!
N@@H.odF\N
\oLr)docodOLr) HHd
(?)lrloo\od(rst d Clr(ONOAIod)<t N
- d
rnd(oo@o)r,)< dH
a
LTJFo
J
FoF
o-P
=cirqq A -qq CO r@0. .ooo ..oolo . ..ooa)
PPP .. .p.+J]J ,. P{J+)d ooo -# ooo -H oooHEF>> (J HZF>> U HzP>>
L\Z LL LrJL\Z LL UJL\Z t-LoH\ (u (U co oH\ (l) oJ @ oH\ c.' o)FoO >! q-!ao >! q:@o >E\z oc H \z oE \z oEQJ(/)\ = =OO\ = =OO\ ={JLrlO <PuJO <#LrJOO>2, H O>-Z ,; O>Z
dOF[.2 t!EF tn>iL-o
=Lcro
234
NHdO
oooo
rot(o(\J\oH(f)d
+N(')sf,NF.OrmC\I
oooo
o+oo+ (r@N
do
o
oo d,UL.n (5
JO
=UOd,o JJuo
FOd
IcuILUod.
<n
o
T!
UUF2
LJ-lU)co
U1u.lFo
J
Fot-
o
tl!JZJOL!
F.(.) >-UJFJ:Z sr-uJSd(>o6>-ON 6d,o<.Lil .UI
=o60 0H<C!H Ud.C' Fc,FO
+E=Fd<(5<OH=FN= <r}.\
ooo 60@Ndo6\n9 0Jiulqlar?.1
F-O(O OgrONdCf)NdstcO O*C!dNd
@C{dnCD#(iOr(r)Ho+ooHco<\0\oc!$dg!
z.zo<< H(,OFH
'H<F , - .2,1d4 Z Zo<---!coo< z(J< <4vi<=OO- '<aa 'UFHFO-=Z OFH H<FC>UUO H<F Jd,d
Jmo< <=or<=ocl- o =2.F A-Z.Z C)r! UO6U).naOUUOl-d.AZ,d.datctbdaz,t!L!UUFFFF-OOOO FFFF
u1ul au)oooo
l!uLduouQC)dd,dddd,d,d. ===fUUUU AA6A FT !FF FFFFFFFv>qan60oood d d.dH H H H J 1 -) ) !r.J rr.l ru uJ(-5(5('CSJJJJFFFF
o
O'o
^;H=
<+d
dst\ oOlc!F (J
-@z(JO
rJUUcoFd,
a
F = +
=do 235
HdNOO
ooooo
cO\OOrOsN@@ ('
ooooo
ddNoo
ooooo
ddNoo
ooooo
ooooo
oddod
ooooo
c!o
o
oo d.ul 6-a(,
Jd
=lrJ <3doJJlrlo
F(J d.
t!dUu-uoil,
o+<ocn6H€\O@+ocO+d\O o6<o6<-HA OcO(nOr+<fN@
CONLOOOTH@l-\ sf +@GJO NO \O l'- rr)oc)cnHoOON D
t)
o
trJ
trlUFzt!am
LTJFo
J
oF
oooooooooo
oNrI)orr)oroN r
r+ooord.j\or)
tsrofDoo<i-H(o F\A.ldo
mGl o o66€N dil
rrolNHoor@@ Nddco
dotn9
co (o
ro <f
doCUN
dc;ro ct
dororod.j\O r.)
6JOiOOtol co co +cv@osOON il
\oo\ooF-(oc!@ i{NdO
stcnF.a\Olr)il€ €NHM
o
odz.)OL
t--(J>UJFJZ$u=dooa>-UN tttd.zo<u .<
=a€fi oH<NH Udci Fc.FdHA<r+==od<.15 zoH-oc\l=<z 5e
d.o
4
ulU
trJ-F
tr-
z.
F(-)UJ
bJr/', -qq. -.co(u" Pp#Id ooou azl->>
UL\Z LL€oH\ {l)G)q-.ro >E\z oE
= cr@\ l< Prdot o>-2,
=>
aF
=J
=d
UJt--
:EALtn
o\=o=..o
C! (J
d a \,dsao
O = -qaN F ,.6(uq)\ (.) ,. P+Jp!. @ z -J ooo() O (J HZF>>
rrl LJ trj ui L\z L L6 F d. @oH\ O(1)
6 \z O=
= o =0a\ =
= <- i o>2.
=40=>
aUI(.J
d.
(_)z,
U
doLr-(,z.
Lr-
2
.6
=oV, -qq EO rqa. '80)d) . .@Oo)
'. jr+)+) ., {JpP
=H c)OO -d OOO9 ==F>> 9 i.zt>>30UL\Z LL t!L\Z LLcOOH\ o{., COOH\ (DO)roc) >c g/)o >oE \Z OC !:r \Z OCEc)r)\ = =(L,m\ =<.uuo <puJoE o>.2 E O>Z2> =>236
illdH€)
oooo
r-oo{9NCr)Hc\I
c')odNoc.)rr,N
oooo
o
oc!
oo dLd o-ac,
Jd
=UOd, coJJUO
F(-)d
tL L U.ll!Uoe.
ao
LrJ
UulFz.ulU}d
il(gi NJn+C'rcoN\Odcv\o HrnLolo(oorN
r-Nd r; r..r-.idfti di+(.) (\lnHddd
H (\t Lo (o
F.. H+ d
sf@(r)cqHmdNt<oood6No
Qrr C, clr F\ (\l H
o
o
LTJ
=JOL
F.(-) >-UJFJZ+tJ=JOa tn>-()c! ado<rd -o
=o\oo oH<c!H tddc) Fd- ,ltnH64
H<cj'<OH=FN=<O ns
aUFo
J
E
.z(J<<Ha(JFH
'H<F . , ,2.)d.d z z(J<JcocJ< zt)< <gri<=Oa .<aUt .LrFHts6-== oF- x{FC)UJUO H<F Jd.d+d.oz. .Jd.d Jm(.)<J6(-)<<=Oo<= odFL=zFa=ZOUJlrJO.naaaou uoFE o:zddddt-dazUUUU}_FFF<)OOO FFFF
trlaqVrOOoO
UUt]JLrJ(.)()(J(Jczddo<d dd.d. ====uuuLil qa06 j-tt,FtsFFFFF}-'U)oaoooaod e.d d.HHHH-!JJJLJLJUU('<5(U(5J-JJJFFFF
L
Oro
*jd o
<l ^;d *ooC\J F\(-)
-cozoo
B U UcoFd,
o
==f=do 237
ddNoo NOC\joo HdNOO ONNOO
ooooo ooooo ooooo ooooo
(\sct)oN
c\l g r')oto(roc\,
N(f)
orcrNoca oclNo(oNdc.)
@c!odc!b66 A @NOHN6Nd H @c\tooc.,tr. c')ot d +cr)NdLrltJ)oco d
ooooo ooooo ooooo ooooo
ONNOOT<fH@ or(,!@oo+(lH $oF\o<+H6 F\@oo€oH6 i
rOHF\H(tN\O@ N F.\OcodF-<j-m@ N C!OriOOc{()@ o do \0 H+H\Or\ O
f-\ ca?a
c.) \o\o C.)
oot9r'. C!to cf)
CDNn9oc'lcod
@(!q9
1.. C!ro c.)
No
oN
o<f
UAv) (.D
JL=UOe. c,JJUO
F(-) d
LLA.ULUod
al/'to
trJ
U
UJF
rrlaE
ot!
C) LL
F.o>UJFJZ<fU5Hooo>ON 6dz,o<uJ -<
=ooui oH<NH UECi Fo-,FdHa4<t==&d<trz.oH=oc\r =< z ;e
U)UFo
J
FoF t!(Jz
ctag
==. trlJO
=3dtlJ rJF.-
=6Fca.L Hoor=o=.2.'.ooC\I CJdo\F .do+NOU
Or = -qo qN F .'600o .' .p.p {r
- @ z. -H ooo -(J O (J 4Z.t->> O
U U T! UL\Z LL tdcO F d. cO OH\ C, (u cO
a \z C,c
= o =o/r\ = E
Ed,o=>=
dOF.(!2 (5H-z.F a.u,-)
cf
=LLoo
'oo*d
=orOO Ut roUt E -U)O' 'o0,ro . 'OOO , ,GOO. c!! .. P.tr.u .. p+rpH OOO -H OOO -d 660frzF>> c) -zF)> (J H=t->>
L\Z LL TJL\Z LL LllL\z: LL,oFr\ oJ o co oH\ o o co ou1 Q) q,ts(/ro >E, $-@o >=, IFOO >!\z OC H \z OC \Z O-
puo <prilo <Puioo>-2, ; o>-2, Fi o>-z
238
oooo
oooo
toosH
oooo
o
o
CO
oo dlr, O-u) (.,
JC=UOE,(f)JJUO
Fod
LdU1! uJod.
HSOrcvd
U)tno
L!
[.]UFz.u.l0m
lrJFo
---l
EoF
+o0 rJ)Looor6No\or(o NNONO()lJ)
"dcdr-.. q;rodqi.-.ioid
d+o d6N H
Hrr)N$
OrOrc!COCOOIF\NNN@d+ cldrr) c{ c!
o
oU2)OLL
F--c) >-Lrl l-Jz+u-dooa>.c)N @d.o<u -o
=o\oo 6H<NH Ud.a FLtlaRbAr+=fl-d<(5<OH ]FRl =<(/)
z..:z(J<<FA(JFH.H<F . . .2,Jdq Z ZO<JcoQ< Zo< <aat<=Oc .<xqi .LiFHFG=Z CJFH H<LPHtsg,!EE-dE{JcO(J<<=C)r< =oo *L>:2.Fo-=ZOLTJLTJOav1u7a O uJ LrJ C)F O< O ZdEGEtdazUUUUFFFFOOOO FLLL
6-6oo14.22e2===qJ14rrlrltOOoAdddd44UE ====!!UUtr.lqAAaFl-F!-FF ts tsTTT TaoqthOO6'O d d,d,d.!==EHJJJ JUUUUg(9(9(SJJJlL-rrEpHHHgffg 99999
=o
lrro
G;il o
sf ,'jd<t\ o
<\J F\L)r@zCJO
UJUIJJcoFd.
o
=o f s
=do 239
ooooo
ooooo
+cv{.ooo
ooooo
ooooo
ooooo
LOi(OOO
F\@lf)ot.odd(o(oo6c!s(ooro
ooooo ooooo
ooooo ooooo
nd€oo +(\\ooo
o6000
d d
o000o ooooo
orN dooH N r+(tNor+
C!o
of)
oo d,LJLtn (5
JT
=UOdco -JJLTJO
Fod
LLTNL!uod
o
UJ
U
LdFzUt/}@
o
oU
Otr
F.(J >-t!FJz=fL!=ioo vt>- (.JC! bdz.c)< LrJ .<:EO@o oH<C!H UdoFa . F.lHA4<f==o-H<(-rZoH50N =<z .\
6F
=J
=d,U
F--
6_ (n
O1 >:o=..o(1 L)d o \.d.+(r)o
O| = -qqc{ }- -.600\ () .' PP{J
= @ z. -d oooO O O HZF>>
U u-l trJ U L\Z l- Ld F d rooH\ G)oJ
ci H \:z ocE o Eov)\ 2
= a 3 =S>-=
ooooo
r+bOrO(\6+OON
OtNHoF-Ndr+NCOOO@c{dtf
oor)ro
r..^;\o (9
ctN\^loorNN
+ oo o1l)(r+
qse
,d.iF\ c!
oOl OroOlo o
F\ ao?qo)ol--N
t/7UFo
J
5F
(r)
LU(Jz.
d.
(J.ELr.l o- d,
LJ=c5(/> -q@ ch -qq 6 -qa' 'ocJo,} ..600 . .o0o)1: +J+r+, .. .P{r{J .. tt-}J4J:trd OOc) =d OoO -H 600(-) lzl>> n ez,l->> o xzr:55ff.<9 LL S.<9 LL fr.<='LLcO.OH\ 0J (1) cO OH\ (D () CO OH= (I, (uts(rc) >E, L-AO >lJ q-f)O >-tr,il \z Oc \z C)E .\z O-Eo)o\ = =O(/)\ = =@(,.)i< -=<pruo <+ru(> <priloH O>2. H O>-Z }j O>Z
=> => =>
o
E
lrJ(J
t!-t--
LLo
o
l-
240
oooo
oooo
(OCg('r+
nNo+
\()(f}dil
oooo
\oH(oc!
@F\OtC!F-(Odor$o@ro@(f)coc{<fHdH
odC
o
o<rsro
a!tn c,
JC
=UOdo JJU
Hl-(.)d oLCtludd
aV)o
U
ULJFz
LTJ
E
o
lJJ
tt1IJFo
J
FoF
@olcO @(.)or(\lso(ocoH6 000+@r+#
.; ^j.; -iddoi,.i<jiN<ff) <coc!H(.)di
c)
oU
OU
F.() >-.
Jz\fu-dooa>ON thd.o<u -a
=o60 6H{C!s udo FO-, F@HAH-r'==l-H<(5<oH=tsN= <O .\
z.z.a<.<HaOFH.H<F . ' 'Z)d d z. z.a)<JcocJ< zt)< <ati<=OC- .<Aa 'OFHFo-=z oFH x{FOUUO H<t- Jddl--d62..)d.d,Jco(J<J6(J<<fOO-<=o&FC=ZFd=ZC)UUJOa6oaouL!o*ctoz,d d.d.d.td.azUTUUFF}-tsOOOO FFF_F
tnUTu'tutO O Oo
t! LrJ u-l [l Li C) a) a) d d. d d.Ed.d.d. ====LlJl4)UdA@U)(AFFtsFFFFF}_F-FFthu)tnu) oooo d,d.d,d,)JJ)UUTILJ(5(r(t(DJJJJFI-I-F-
G.d,dd coEo @>>>>
=G
Ot
C';HOs+H{\ oOlNP\C):I@zOO
UUUcoFd
ci
- sr-
=d.o 241
ooooo ooooc>
ooooo ooooo
Orst(tOCO l'-F-+oN
ooooo ooooo
Ndooo NcOOOd
\oorrooNcD*rr) o dF-cOooONO N
o o o(30
ooooo
O\\.oSOH
OOOO O
c\t m(o o d
HOHO.jd\0 co
+6N O rr)+Nr d
oo (>oo
ooooo
N.o
oo ttd o_tn (,
Jo-
UOd.o JJUO
ts(J il
LL a LLIu- ulod
coro(toao
o
U
c.) 6t c! o aofrdro d (o<tooro(\J H <d' C{6r+01 OtOc{dm N Nl'-O)o(ONdO NLrltrlFz,t!
a,/)
co
C)Uz)OLL
F.(J >-UFJzrfUJ=Nooa>(JC! be.z,o<rJ -<
=6$ri oH{c!- trJECi Fa- ,ld,HA<+==dH<C5ZoH30(\J=<Z .\
aIJ
z
d
e.o
=t!
CJ
r!-F
Lo
=o
Fo
UJJtlJ
i*(J
bl L\cO OH
= ojv)<ptdH O>-
=>
U7F.
=J
dtiJF
=tno- tn
cfr=o=
Nq)do\.d*+o
Ot = Fqqcu F '.ooo\ c) .. p+J{Jr @ z -d ooo(J O (-) HZF>>
U Lrl U uL\Z LLco F d cooH\ oq)
E 6 \Z OcE I =oo\ =4 Z <i <euo
= <l' H O>-2,
=EAE>
ooooo
crof)oo
r.)6aao@6+
rOoaqt+\o(')
F\ooOldd\o(')
F\Or\Ood(rdlr) oaUFo
J
FoF
o-P
=o-qO A -OO @ -qq.oqjo . .oc)(U . .60c)P+P .. {r.PP .. ppPOOo -d OOO -d ooozl-))o*z.l-))()az+)i
Z LL LrlL\Z LL trjL\.:z LLd, (lJ m oH\ Q) 0) 6 oH\ o oO >-C, vao >E E:6o >lJZ OC \Z OE \= oC
= =(Lr(r\ = =oo\ =o <pur(, <!uioz. Ho>z, }i'o>z
=> =>
dot-r.z U(r=z.F
.-/)
u'r)oJ4
=LL(Jo
242
dHoo
ooao
C{F\Arr)CON
oHi@N Or 6-fN
oooo
od.q
o
oso
Lr.]a(.5
J&
=UOd, co)J !r.l
FodC]t! o-l,! trJod
o
UJ
v)
LNo
U
UJL,FzUam
a\O+ (.)oNO)od(n9\9 .191i\o9q
(rro\O c!F\oi+olJ)f\NOo r+oNdNH
sioooN rr} r+ <\lH
c!c!N@ro@H(o
=l@(rl\OF\tr)$N(O.r'\@Ot(tdH
c{
o
oU
(f LL
F-O>ulFJZ+t!=HOo tn>-UN 6&.o<U .o
=aoo oH<c{H Ud,Ci FLt16
+==Fd <(5<
OH =Fst=<(,s<
LrlFo
J
5F
z..2. <) <.<H Vl
OFH.H<F . - -2.Jd.d z. z.o<Jmo< Z.<)< <HU)<=oc .<Ho .(Jl--H*-dzz (-JFH H<l-C)uuc) H<F )d.lt- eaz, , )d.'d, J o (.) <Jmu <<=or<=oatse =zFa=zC)ULTJC)qaaaou)uot--d6zd.d,d dt-d oz.I.JUUUFf-Fl-OOO() F-FFF
abulrn o oo o
LJUJUrJC)O(J(Jdddd,d.d.dd -===I.dUUUIAAU)AFFFFFI,-F-FFF FFv)qa00ooactdddJJJfutgUuC'O(5(5JJJIFFFF
C
o
GJ
st ooHst\oOtc\l F\(J
=@=oo
UUUBFd.
6
=o
=st=d.o 243
ooood oooor ooood oooan
ooooo ooooo ooooo ooooo
NordaHNr)OIO O! O (.)
3HC!oCDOortr(v c!@o@o<+HHN
No
o
o<)d.uo_6(t
JI=uod,s J)uJo
F(.)d
LL o BjL LLIod
dtrr(oo<*+$@ a)UHHuFz.
UJ
ororr,on<ts@ ce NN6OHce+F\ +H H
@Hc'}Oilil\oF- +
U''o
U
L/)t!Fo
J
FoF
OOOAO ooooo ooooo ooooo
NOdOd.+ o@ <t
HOr@H
jd;(o (,
@o@ol-\F\ iO CO+: c{
NN+OCO(o (n o\ c!o d$oco6Ct@ (O o moool60co 6
ro\oHo+CV@H €N
NIO@OF*il@Or F\NN
c!@ooLoO@Or @(\I C!
€+Y"lOrO\o (n
+\odco
"jc;F! (V
oLo"lIc!rt'. N
o
6
LU
Ot!
F.o>UJFJZsfu5dOoa>oN 6d.z.o<u .<
=o6/i a
=<o.l- u
HA<
r <(rzoH50c{ =<z .\
do
4=
UJ()
LU=F
Eo
z.o
FL)tr,Jt
U L\ZcE OH\+-ao\:z
= oo\< puoH O>-2.
oF.
=J
=dt!F
=v)a_a
ol=o=..o
c! (-)
d o .d.r+@o
Ol = -qON F- '.dO(I)\ (.J .. ]J]JPE @ Z, -H OOO(J o (J H;zt-->>
Lil U UJ UIL\== LLE F d. cO OH\ (IJ (l)
E \Z OEEO=c)O\=
= =f ao>z
=d.o=>
t/)tdoz
d
z,
(J
;zu=Fa
F)
c)
&.e
(5
u_
J
=o
o- 3.
=o-Oa U) -qq m -qqooo . '(o(l)(J . .ooo
{J+r,P .. lJlJ+J .. pppooo -i ooo rH oooF>> (J HzF>> o g:2F55
LL tJJL\Z LL LT.JL\Z LL(uq, cOOH\ 0.J(I) EOH\ oO>-o +-tllo >E +-aO >EoE \z oq \z oc
= =o)(r\ = =(u(/)\ =<PUO <#uOa O>-2. tj O>-z:t> E>244
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, approving the one-time use of advance
drawdowns of HOME Program funds by Carrfour Supportive Housing to fund its Harding Village rehabilitation project to
facilitate the City's timely expenditure of U.S. HUD HOME Program affordable housing funds and avoid any recapture of the
funds by HUD; and further the Citv Manaoer. or his , to review and such draw requests.
Revitalize Key Neighborhoods, Starting with North Beach and Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc.: Based on the 2014 Community Satisfaction Survey, 81oh of
residents would recommend the City to family and friends as a place to live.
Item Su mmarv/Recommendation :
The City is facing the possibility of the de-obligation/recapture of $185,272 of HOME funds by U.S. HUD based on its
September 30, 2014 expenditure deadline. This condition is related to the City's history of allocating all of its HOME funds to
Miami Beach Community Development Corporation (MBCDC). Due to that organization's inability to successfully complete
some of the proposed projects, and the City's need to cancel projects and recapture the funds, the City must adjust its
funding/spending to meet the required expenditure deadlines.
While the City traditionally manages its HUD-funded contracts on a reimbursement basis, HUD allows for advance draws.
According to the Code of Federal Regulations, 24 CFR92.502, HOME Program funds drawn from the United States Treasury
account must be expended for eligible costs within fifteen (15) days. Currently, the City policy is to reimburse Sub-recipients
after they have expended their own funds for all eligible expenses incurred under the contract with the City. The proposed
advance draw will ensure that the City does not have to surrender otherwise expiring funds to HUD and ensuring their use to
preserve much-needed affordable housing. Further, the advance amount will not exceed the value of those funds subject to
recapture ($185,272) and the documentation of the appropriate expenditure of these funds must be submitted prior to the
reimbursement of any remaining funds ($'136,280). ln addition, the City's financial interests for the full value of the award will
be secured through the execution of a 30-year mortgage to ensure the property's use as affordable housing. The mortgage is
executed at the same time as the HOME funding documents and further ensures that HUD funds are expended as required.
The Administration recommends that the Mayor and City Commission approve the one-time use of advance drawdowns of
HOME Program funds by Carrfour Supportive Housing to fund its Harding Village rehabilitation project to facilitate the City's
timely expenditure of U.S. HUD HOME Program affordable housing funds and avoid any recapture of the funds by HUD; and
further authorizing the City Manager, or his designee, to review and approve such draw requests to ensure compliance with
HUD rules.
Financial lnformation:
Source of Funds:Amount AccounUFunding
I $185,272 HOME lnvestment Partnership Funds
2
3
Total
Financial lmpact Summary:
Clerk's Office
Maria Rui/Housing & Community Development
AGET1DA fiEln C7 H
D*78 ? -/o 4/{s MIAMIBHACH 245
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: September 10,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ONE.TIME USE OF
ADVANCE DRAWDOWNS OF HOME INVESTMENT PARTNERSHIP
(HOME) PROGRAM FUNDS BY CARRFOUR SUPPORTTVE HOUSTNG TO
FUND ITS HARDING VILLAGE REHABILITATION PROJEGT TO
FACILITATE THE CITY'S TIMELY EXPENDITURE OF SAID FUNDS AND
AVOID ANY RECAPTURE OF THE FUNDS BY HUD; AND FURTHER
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO REVIEW
AND APPROVE SUGH DRAW REQUESTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City is a U.S. Department of Housing and Urban Development (HUD)-designated
entitlement community, as determined by the decennial census information on population
growth lag, age of housing stock, and poverty. As an entitlement community, the City qualifies
for an annual allocation under HUD's grant programs. The HOME Program was started in 1992
to provide funding specifically for affordable housing. HUD allocates these housing funds to
strengthen public/private partnerships and expand the supply of affordable housing that is
decent, safe, and sanitary.
The HOME Program has timeliness requirements regarding the expenditure of funds. HOME
funds must be committed to a project within two years of City's receipt, and expended within five
years. HUD further requires its entitlement jurisdictions to ensure that funded activities are
carried out in the defined project scope and within the timeframe allowed. The City's Action Plan
is monitored throughout the year to ensure compliance with federal regulations and progress
towards the National Objective, which stipulates that HOME-funded activities must create
housing units that benefit low- and moderate-income persons who earn at or below 807o of the
area median income (AMl).
ANALYSIS
The City is facing the possibility of the de-obligation/recapture of $185,272 of HOME funds by
HUD based on its September 30, 2014 expenditure deadline. This condition is related to the
City's history of allocating all of its HOME funds to Miami Beach Community Development
Corporation (MBCDC). Due to that organization's inability to successfully complete some of the
Jimmy L. Morales, City Manager
246
Commission Memorandum - Carrfour Advance Draw
September 10,2014
Page 2 of 3
proposed projects, and the City's need to cancel projects and recapture the funds, the City must
adjust its funding/spending to meet the required expenditure deadlines.
Carrfour Supportive Housing requested, and has been allocated, a total of $321,552 of HOME
funds for the repair/rehabilitation of its 92-unit Harding Village Apartments located at 8520
Harding Avenue. This property, which is currently occupied, provides affordable housing for
formerly homeless and low-income individuals (including veterans) but has fallen into disrepair
and is in need of rehabilitation. Carrfour will not be able to complete the project, but can perform
enough of the construction to cover the amount necessary to satisfy the expenditure
requirement. However, the time constraints are so limited that the City may need to provide an
advance draw in order that the expenditure deadline can be satisfied.
While the City traditionally manages its HUD-funded contracts on a reimbursement basis, HUD
allows for advance draws. According to the Code of Federal Regulations, 24 CFR 92.502,
HOME Program funds drawn from the United States Treasury account must be expended for
eligible costs within fifteen (15) days. Currently, the City policy is to reimburse Sub-recipients
after they have expended their own funds for all eligible expenses incurred under the contract
with the City. The proposed advance draw will ensure that the City does not have to surrender
otherwise expiring funds to HUD and ensuring their use to preserve much-needed affordable
housing. Further, the advance amount will not exceed the value of those funds subject to
recapture ($185,272) and the documentation of the appropriate expenditure of these funds must
be submitted prior to the reimbursement of any remaining funds ($136,280). ln addition, the
City's financial interests for the full value of the award will be secured through the execution of a
3O-year mortgage to ensure the property's use as affordable housing. The mortgage is executed
at the same time as the HOME funding documents and further ensures that HUD funds are
expended as required.
To ensure that all expenses are eligible, accurate, and properly reflect work completed, Housing
and Community Services (HCS) staff will require the submission of the following documentation
within 15 days of the advanced draw:
. Application and Certification for Payment AIA Document G702 and G703 (Schedule of
Values) signed by the contractor and architect, and notarized;o Any change orders or deviations from the original Scope of Work or Budget for Scope of
Work will require City Manager approval and will be submitted on an Application and
Certification for Payment AIA Document G701, signed by the contractor and architect,
and notarized;. Lien waivers from each General Contractor, contractor, andlor subcontractor for the
funds being requested will be submitted with the Application and Certification for
Payment;. Verification of payment of Davis-Bacon Wages and other labor standards, including
original, signed payroll certificates for previous work completed; ando Construction status reports as required by contract.
HCS staff will review the draw request and provide comments, notations and recommendations
on the request, including review of the back-up documentation to ensure documentation is
consistent with the Scope of Work and Budget for Scope of Work attached to the grant
agreement. lf the City finds fault with any aspect of the expenditures or documentation of such,
Carrfour will be required to cure as per the City's agreement. Failure to cure will trigger a default
and Carrfour's full repayment of all HOME funds to the City. These processes ensure that all
advance funds are expended according to HUD requirements and that the City's interests are
protected.
247
Commission Memorandum - Carrfour Advance Draw
September 10,2014
Page 3 of 3
HCS staff will require submission of copies of cancelled check(s) evidencing full payment to the
construction contractor(s) for the goods and services provided, as reflected in the draw request.
Failure to provide a cancelled check(s) will result in the withholding of any future draw request
payments. Site visits will also be performed to confirm that documentation and work completed
are consistent as well as ensure compliance with Davis-Bacon Act and other federal
expend iture req uirements.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the one{ime use
of advance drawdowns of HOME Program funds by Carrfour Supportive Housing to fund its
Harding Village rehabilitation project to facilitate the City's timely expenditure of U.S. HUD
HOME Program affordable housing funds and avoid any recapture of the funds by HUD; and
further authorizing the City Manager, or his designee, to review and approve such draw
requests to ensure compliance with HUD rules.
/MLR/ARB
T:\AGENDA\201 4\Septem ber 1 0\Carrfour Harding Village Draw Memo
248
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ONE.TIME USE OF
ADVANCE DRAWDOWNS OF HOME INVESTMENT PARTNERSHIP
(HOME) PROGRAM FUNDS BY CARRFOUR SUPPORTTVE HOUSING, tNC.
(GARRFOUR), WHICH DRAWDOWN W|LL FUND CARRFOUR'S HARDTNG
VILLAGE REHABILITATION PROJECT, FACILITATE THE CITY'S TIMELY
EXPENDITURE OF SAID FUNDS BY SEPTEMBER 30, 2014, AND AVOID
ANY RECAPTURE OF THE FUNDS BY HUD; AND FURTHER
AUTHORIZING THE CIry MANAGER, OR HIS DESIGNEE, TO REVIEW
AND APPROVE SUGH DRAW REQUESTS.
WHEREAS, the City is an entitlement recipient of HUD formula grant program funds,
including the HOME lnvestment Partnerships (HOME) Program funds; and
WHEREAS, HOME funds are used for affordable housing activities, including multi-
family rentals and flrst-time homeownership; and
WHEREAS, the City expects to continue to receive entitlement funds grant programs to
operate the City's housing and community development activities; and
WHEREAS, HOME stipulates that funds be expended within timeliness guidelines as
delineated in 24 CFR Part92, among others; and
WHEREAS, HOME funds, in the amount of $185,272 (At-Risk Funds), have not been
expended; and
WHEREAS, if the At-Risk Funds are not expended by September 30, 2014 (Expenditure
Deadline), said funds may be subject to recapture by U.S. HUD; and
WHEREAS, Carrfour Supportive Housing, lnc. (Carrfour), a not-for-profit Florida
corporation, is a registered Community Housing Development Organization (CHDO), which is
sponsoring the rehabilitation of the property located at 8520 Harding Avenue, Miami Beach, FL
(Harding Village), to be used as affordable housing; and
WHEREAS, the Carrfour Harding Village project was awarded HOME funds in the
amount of $321,552 (Carrfour HOME Loan), and can expend enough project funds to timely
satisfy the Expenditure Deadline; and
WHEREAS, in order to meet the Expenditure Deadline the City must provide Carrfour
advance draws to the extent of the At-Risk Funds; and
WHEREAS, current City policy requires funding on a reimbursement basis only; and
WHEREAS, the Administration wishes to provide necessary advance draws as needed
to satisfy the Expenditure Deadline on a one-time only basis, subject to submission by Carrfour
of all required expenditure documentation within 15 days of the receipt of said At-Risk Funds;
and
249
WHEREAS, the Carrfour HOME Loan will be divided into two separate loans, one for
$228,667 and one for $92,885, both of which will be evidenced by a HOME Program
Agreement, a Promissory Note and a Mortgage and Security Agreement, which loan documents
will provide for accountability for the use of said funds and contain restrictive covenants,
ensuring that the property will continue to be used for affordable housing; and
WHEREAS, the City Manager is the designated agent for all HUD formula grants, and
executes the grant applications, grant agreements, and other applicable HUD documents on
behalf of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the onetime use of advance drawdowns of HOME lnvestment
Partnership (HOME) Program funds by Carrfour Supportive Housing, lnc. (Carrfour), which
drawdown will fund Carrfour's Harding Village rehabilitation project, facilitate the City's timely
expenditure of said funds by September 30, 2014, and avoid any recapture of the funds by
HUD; and further authorize the City Manager, or his designee, to review and approve such draw
requests.
PASSED AND ADOPTED this 1Oth day of September,2014.
ATTEST:
Rafael E. Granado, CITY CLERK Philip Levine, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
V -+Qun- srutf.r
CityAttomey'-i.'frT Dote
201/'14lSeptember 1O/Carrfour Harding Village CC Draw Reso
250
Intended Outcome Su
Su Data (Surveys, Environmental Scan, etc: N/A
COMMISSION I IEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The City Manager Pertaining To The Ranking Of Proposals, Pursuant To Request For
Prooosals (RFP) No.2014-127-LR. For Medical Services For Pre and Post Em Services.
Summary.doc
EmOloryn
v
AGEI,IDA ITEM 172
T
Item Summary/Recommendation :
The City of Miami Beach issued a Request for Proposals (RFP) to establish an agreement with a medical
services provider to perform pre-employment physical examinations, drug and alcohol testing, fitness for duty
evaluations, and administer vaccines. The selected providerwill provide a medical doctor licensed to practice
in the State of Florida with the credentials to serve not only as the City physician but also as the Medical
Review Officer, as defined in the U.S. Department of Transportation (DOT), Title 40, Code of Federal
Regulations (CFR), Part 40. The provider will deliver other medical services as required by the City and
local, state and federal laws.
RFP PROCESS
On March 5,2014, the City Commission approved the issuance of the subject Request for Proposal (RFP).
On March 6,2014, the RFP was issued with an opening date of April 17,2014. A pre-proposalconference
to provide information to the proposers submitting a response was held on March 20,2014.
On June 23,2014, the City Manager, via Letter to Commission (LTC) No. 215-2014, appointed an Evaluation
Committee (the "Committee"). The Committee convened on July 17,2014, to consider proposals received.
The Committee was provided an overview of the project, information relative to the Cone of Silence
Ordinance and the Government in the Sunshine Law. The Committee was also provided general information
on the scope of services, references and a copy of each proposal. The results of the evaluation process
were presented to the City Manager for his review and recommendation to the City Commission.
CITY MANAGER'S DUE DILIGENCE/RECOMMENDATION
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.2014-127-LR, Medical Services for Pre and Post Employment Services; authorizing
the administration to enter into negotiations with the top-ranked firm, Mount Sinai Medical Center; and should
the Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Work lnjury Solutions of Dade County dba/Health Care
Center of Miami; and further authorizing the Mayor and City Clerk to execute agreements upon completion of
successful negotiations by the Administration.
ADOPT THE RESOLUTION
Advisorv Board Recommendation:
Financial lnformation :
Source of
t*::i,'
Amount Account
1 $110,000 540-1 791 -000343
Total $1 10,000
Financial lmpact Summary:
Citv Clerk's Office Leoislative Tracki
Alex Denis, Extension 6641 and Svlvia Cresoo-Tabak. Extension 6724
iPgpqrtment Director assistarg?ity Yr{BL._City lSnager
AD:Y,/ SCTS)7-KcB
't#wrt4,J
JLM€_!\_
\2014September 10\RFP 2014-127-LFJMedicalServices for Pre and Post Emplorjment Services-
(s MIArIAIBTACH aw* ?-/0-H251
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September10,2Ol4
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER PURSUANT TO REQUEST FOR PROPOSALS (RFp) NO.2014-127-
LR, FOR MEDICAL SERVICES FOR PRE AND POST EMPLOYMENT
SERVICES.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
FUNDING
Account Code No.: 540-1791-000343 Amount: $110,000
BACKGROUND
The City of Miami Beach issued a Request for Proposals (RFP) to establish an agreement with
a medical services provider to perform pre-employment physical examinations, drug and
alcohol testing, fitness for duty evaluations, and administer vaccines. The selected provider
will provide a medical doctor licensed to practice in the State of Florida with the credentials to
serve not only as the City physician but also as the Medical Review Officer, as defined in the
U.S. Department of Transportation (DOT), Title 40, Code of Federal Regulations (CFR), Part
40. The provider will deliver other medical services as required by the City and local, state
and federal laws.
RFP PROCESS
On March 5, 2014, the City Commission approved the issuance of the subject Request for
Proposal (RFP). On March 6, 2014, the RFP was issued with an opening date of April 17,
2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on March 20,2014.
The City received three (3) proposals from the following:. Health Care Center of Miami. Miami Hialeah Medical Groupo Mount Sinai Medical Center
Miami Hialeah Medical Group was deemed non-responsive for failure to meet the minimum
requirements of having at least one facility within the City of Miami Beach.
On June 23,2014, the City Manager appointed via Letter to Commission (LTC) No. 215-2014
an Evaluation Committee (the "Committee") consisting of the following individuals:
. Digna Abello, Division Chief, Fire Department, City of Miami Beach. Silvia Crespo-Tabak, Director, Human Resources Department, City of Miami Beach. Moj Khaghan Danial, Vice-Chairperson, City of Miami Beach Personnel Board
252
Commission Memorandum - RFQ 2014-127-LR Medical Seryice for Pre and Post Employmenl Servrbes
September 10, 2014
Page 2
. Matthew Krieger, Esq., Partner, Bratter Krieger, LLP. Colin Pfrogner, Sergeant, Police Department, City of Miami Beach. Maria Ruiz, Director, Housing and Community Services, City of Miami Beach. Mark Taxis, Assistant City Manager, City of Miami Beach
The following alternates were also appointed:
. Carla Maglio Gomez, Assistant Director, Parks & Recreation Department, City of Miami
Beach. Hernan Cardeno, Director, Code Compliance, City of Miami Beach
The Committee convened on July 17, 2014, to consider proposals received and interview the
proposers. The Committee was provided with information relative to the City's Cone of Silence
and Government in the Sunshine Law, general information on the scope of services, and
additional pertinent information from all responsive proposers.
After proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers accordingly.
The Committee was instructed to score each proposal pursuant to the evaluation criteria
established in the RFQ.
Sotel Points EvalEhtion Gfiteria rl.xl,,=
40 Proposer Experience and Qualifications, including Financial
Capabilitv
20 Scope of Services
20 Aporoach and Methodoloqv
20 Cost Prooosal
Additional points, over the aforementioned potential points were to be allocated, if applicable and in
accordance to the following ordinances.
LOCAL PREFERENCE: The City, through the Procurement Division, will assign an additional five (5)
points to Proposers which are a Miami Beach-based vendor as defined in the City's Local Preference
Ordinance. Both firms, Health Care Center of Miami and Mount Sinai Medical Center, qualified and
were allocated the five (5) points for local preference.
VETERANS PREFERENCE: The City, through the Procurement Division, will assign an additionalfive
(5) points to Proposers which are a small business concern owned and controlled by a veteran(s) or a
service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance.
Please note that no proposer was eligible for Veteran's preference.
253
Commission Memorandum - RFQ 2014-127-LR Medical Serylce for Pre and Post Employment Serylces
September 10, 2014
Page 3
The Committee's rankings were as follows:
MOUNT SINAI MEDICAL CENTER, Occupation Health Center has been in the business since
1981 and has been providing these types of services for thirty-two (32) years. lt is currently
providing physical examinations, drug and alcohol testing, immunizations, and other ancillary
services to various counties and cities such as Miami-Dade County, City of Miami, and Town
of Bay Harbor lsland.
WORK INJURY SOLUTIONS OF DADE GOUNTY DBA/HEALTH CARE CENTER OF
MlAMl, has been in the business for thirty-five (35) years providing physical examinations,
drug and alcohol testing, injury care and other ancillary services. lt is the current provider of
these types of services for the City of Miami Beach, as well as, Town of Palm Beach, Dade
County Public Schools, Town of Medley, and City of Homestead.
MANAGER'S DUE DILIGENCE
ln accordance with the ranking results pursuant to the evaluation process outlined herein and
the due diligence review by the City Manager, the Administration recommends that the Mayor
and City Commission of the City of Miami Beach, Florida accept the recommendation of the
City Manager pertaining to the ranking of proposals, pursuant to Request for Proposal (RFP)
2014-127-LR for Medical Services for Pre and Post Employment Services, as outlined in the
recommendation section below.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Proposal (RFP) No. 201 4-127-LR, Medical Services for Pre
and Post Employment Services; authorizing the administration to enter into negotiations with
the top-ranked firm, Mount Sinai Medical Center; and should the Administration not be
successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations
with the second-ranked proposer, Work lnjury Solutions of Dade County dba/Health Care
Center of Miami; and further authorizing the Mayor and City Clerk to execute agreements upon
completion of successful negotiations by the Administration.
JLM /KGB/MT/AD/SCT
T:\AGENDA\2O14Sept 10\20'14-127-LR Medical Services for Pre and Post Employment Services - Memo Final.doc
RFP 2014-127-LR
Medical Services for
Pre and Post
Employment
Services Digna
Abello
o)
=ot Sylvia
Crespo-
Tabak
o)
=Gt Colin
Pfrooner
o)
!
Gx.Maria
Ruiz
o)
=ot Carla
Gomez
O)
=od LOW
AGGREGATE
TOTALS RANK
Health Center of
Miami 84 2 67 2 72 2 78 2 63 2 10 2
Mount Sinai Medical
Center 96 1 105 1 80 1 97 1 98 1 5 1
254
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT REQUEST FOR PROPOSALS NO. 2014-127-LR (THE RFP), FOR
MEDICAL SERVICES FOR PRE AND POST EMPLOYMENT SERVICES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE TOP RANKED PROPOSER, THE MOUNT SINAI MEDICAL
GENTER; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL lN
NEGOTIATING AN AGREEMENT WITH THE TOP.RANKED PROPOSER,
AUTHORIZING NEGOTIATIONS WITH THE SECOND.RANKED PROPOSER,
WORK INJURY SOLUTIONS OF DADE COUNTY D/B/A HEALTH CARE
CENTER OF MIAMI; AND FURTHER AUTHORIZE THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Proposals No. 2014-127-LR (the RFP) was issued on March 6,
2014, with an opening date of April 17, 2014; and
WHEREAS, a voluntary pre-proposal meeting was held on March 20,2014; and
WHEREAS, the City received a total of three (3) proposals, with one proposal deemed
non-responsive; and
WHEREAS, on June 23,2014, the City Manager via Letter to Commission (LTC) No.
215-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Digna Abello, Division Chief, Fire Department, City of Miami Beach. Silvia Crespo-Tabak, Director, Human Resources Department, City of Miami Beach. Moj Khaghan Danial, Vice-Chairperson, City of Miami Beach Personnel Board. Matthew Krieger, Esq., Partner, Bratter Krieger, LLP. Colin Pfrogner, Sergeant, Police Department, City of Miami Beach. Maria Ruiz, Director, Housing and Community Services, City of Miami Beach. Mark Taxis, Assistant City Manager, City of Miami Beach
The following alternates were also appointed:
. Carla Maglio Gomez, Assistant Director, Parks & Recreation Department, City of Miami
Beach. Hernan Cardeno, Director, Code Compliance, City of Miami Beach
WHEREAS, the Committee convened on July 17, 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
255
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: Mount Sinai Medical Center, as
the top-ranked firm; and Work lnjury Solutions of Dade County d/b/a Health Care Center of
Miami, the second highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked firm, Mount Sinai
Medical Center, and should the Administration not be successful in negotiating an agreement
with the top-ranked proposer, authorizing negotlations with the second-ranked proposer, Work
lnjury Solutions of Dade County d/b/a Health Care Center of Miami; and further authorize the
City Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Proposal (RFP) No. 2014-127-LR, for Medical Services for Pre and Post
Employment Services; authorize the Administration to enter into negotiations with the top-
ranked firm, Mount Sinai Medical Center; and should the Administration not be successful in
negotiating an agreement with the top-ranked proposer, authorize negotiations with the second-
ranked proposer, Work lnjury Solutions of Dade County d/b/a Health Care Center of Miami; and
further authorize the Mayor and City Clerk to execute an agreement upon conclusion of
successful negotiations by the Administration.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\September\Procurement\RFP 2014-127-LR Medical Services for Post and Pre Employment Services-
Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
256
COMMISSION ITEM SUMMARY
Condensed Titles:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
recommendation of the Finance and Gitywide Projects Committee to issue a Requestfor Propoposal
(RFP) for a wellness program as a component of the employment benefits with the City of Miami
Beach.
Item Summary/Recommendation :
Ensure expenditure trends are sustainable over the long run
@s,thoseproVentoyieldareturnoninvestment(Rol),containavarietyofincentives,
and eventually make participation a requirement. According to industry experts, the only proven methodology that yields
a real ROI is io require participation and use health care coverage premium reductions as the primary incentive.
ln an environment where most employees belong to collective bargaining units, terms and conditions of employment are
mandatory subjects of bargaining, therefore, a wellness program that provides incentives and requires participation is
subject to negotiation. Four of the City's collective bargaining agreements expire September 30, 2015, and the fifth
expires April J0, 2016. Should the City decide to pursue a wellness program that requires participation and includes a
health care insurance premium reduction incentive, the matter would be a bargaining priority for the Administration.
Discussions with industry experts indicate that when organizations offer such programs, five to ten percent of the already
healthy employee population takes advantage of them. lf the wellness program includes incentives of value to
employees, maybe there is a 20 percent participation rate, which is not enough to result in an ROl.
There is little agreement on the timing and magnitude of the return on investment on a wellness program. There is,
however, agreement that a seventy to eighty percent participation level is needed to generate a successful ROl. That
participation level is achievable when premium reductions are included as an incentive. Premium reductions need to be
taken into consideration when calculating the ROl.
The Administration recently met with representatives from Engagement Health and Humana Vitality, who were the only
respondents to the wellneis component of the RFP issued in 2012. Based on the RFP submittals, presentations and
subsequent question/answer sessions the Administration is comfortable that a wellness program basedonincentives
could be implemented for a costs of approximately $4.46 per employee per month; approximately $53,000 for the 978
employees who avail themselves of health coverage through the City. This was submitted to the Office of Budget and
Performance lmprovement as a potential enhancement for FY 2014115.
Given that it is two years since the last RFP was issued, and given that the RFP issued at that time was more
comprehensive focuiing on health benefits and health care administration, with wellness as a small component,
Gallagher believes that we would receive substantially more proposals were the City to issue a new RFP. Further, the
RFP -scope would include a multi-year program that eventually results in mandatory participation by glL general
employees, includes health care plan premium reductions as its primary incentive, and yields a significant ROI in year
three.
-Every
indication is that such a revised RFP will yield responses from more vendors that those who responded to
the oriqinal RFP.
Financial !nformation :
Source of
Funds:
Amount Account
1 $53,000 540-1791-000312
2
OBPI Total
Financial lmpact Summary: Funds are already included in the FY 2014115 operating budget
Sylvia Crespo-Tabak, Human Resources Director
Department Director Assistqpt City Manager fi City Manager
Sylvia Crespo-Tabal5.
&'t
KathieG)F >oks Jimmy L. IV ales
YA
A6EF$DA weu C 7rTE AATAMTBEACH s*'re ?'/o-/{257
::
Ciry ol Miomi Beoch, IZOO Convenlion Center Drive, Miomi Beoch, FL 33.i39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Wetlness Program as Component of the Employment Benefits with the City
of Miami Beach
Recommendation
At the August 13, 2014, Finance and Citywide Projects Committee (FCWPC) meeting, staff
recommended including a wellness plan as a component of the employee benefits with the City
of Miami Beach for the reasons provided below and Committee members approved. Therefore,
the Administration recommends adoption of the resolution accepting the FCWPC's
endorsement of this program.
Backqround
Health care costs have been rising approximately eight percent per year and are becoming one
of the most expensive employment benefit organizations are facing. ln an attempt to control
costs, if not reduce, many employers have introduced wellness programs with mixed results.
Wellness program proponents and industry experts state that 75 percent of health care dollars
go toward the care of chronic illnesses and that 50 percent of those costs are preventable. The
critical factor, however, is engaging employees and motivating them to commit to lifestyle
changes that result in better health, ergo, lower health care costs.
Well-designed wellness programs, those proven to yield a return on investment (ROl), contain a
variety of incentives, and eventually make participation a requirement. According to industry
experts, the only proven methodology that yields a real ROI is to require participation and use
health care coverage premium reductions as the primary incentive.
The City contracts with Humana for wellness as part of the administration of its self-insurance
plans. Humana has been providing annual biometric screenings through the City's wellness fair.
ln an ongoing effort to promote health and wellness, Humana will continue to provide these
screenings, up to 200 participants, assuming the City remains a medical administrative services
only (ASO) client of Humana.
ln addition, flu shots, provided only to employees covered by the City's Humana health care
plans and the most popular factor of the wellness fair, are coordinated by Walgreens and billed
through the Humana claims system and are reflected in the City's claims experience.
The City's wellness seminars have had little employee participation, not unlike other wellness
programs without incentives.
Mayor Philip Levine and City Com
Jimmy L. Morales, City Manager
September 10,2014
issioner
t\ec-.-rr-eo -p,IJ!,i.i -,'-\,rr/c/. rubl. )€',.:e, lju.--le :,:; 1' :. ,? ^ \.)l::';,,' -" ,:a'J : -oa' .;: :";'1 ..^r ' i,
258
Commission Memorandum
Accepting Committee Recommendation Regarding City Wellness Program
Page 2 of 4
September 10,2014
Collective Barqaininq lmplications
ln an environment where most employees belong to collective bargaining units, terms and
conditions of employment are mandatory subjects of bargaining, therefore, a wellness program
that provides incentives and requires participation is subject to negotiation. Four of the City's
collective bargaining agreements expire September 30, 2015, and the fifth expires April 30,
2016. Should the City decide to pursue a wellness program that requires participation and
includes a health care insurance premium reduction incentive, the matter would be a bargaining
priority for the Administration.
The City has 1,705 employees eligible for health care benefits. lf you remove the 524 (31
percenti employees covered by the lnternational Association of Firefighters (IAFF) and the
Fraternal Orderof Police (FOP), who have their own health trusts, 978 of the resulting 1,181
eligible employees avail themselves of coverage afforded through the City. Of the 1,181
employees, collective bargaining units cover 724 employees, of which 595 have insurance
through a City plan.
lncluding IAFF and FOP bargaining unit employees is an added bonus given that a wellness
program-s goal is to have healthier employees. However, should they not participate, because
of provisions in their respective contracts regarding their premium contributions, the City would
stili benefit if negotiations with units representing general employees are successful. General
employees represent 69 percent of employees eligible for health care coverage.
Analvsis
Discussions with industry experts indicate that when organizations offer such programs, five to
ten percent of the already healthy employee population takes advantage of them. lf the
wellness program includes incentives of value to employees, maybe there is a 20 percent
participation rate, which is not enough to result in an ROl.
Base components of wellness plans include the following:
o Health Risk Assessment (HRA)
o lncentiveAdministration. Weight Loss/Nutrition Programs. Walking. PhysicalActivity. Stress Reduction. Smoking Cessationo Health Coaching
Additional Components may include Biometrics and On-Site Health Coaching
Return on lnvestment (ROl)
There is little agreement on the timing and magnitude of the return on investment on a wellness
program. There is, however, agreement that a seventy to eighty percent participation level is
needed to generate a successful ROl. That participation level is achievable when premium
reductions lre included as an incentive. Premium reductions need to be taken into
consideration when calculating the ROl.
259
Commission Memorandum
Accepting Committee Recommendation Regarding City Wellness Program
Page 3 of 4
September 10,2014
Proqram Phasino
Wellness programs offer proceed through varying levels of engagement and participation:
. Programs similar to those offered by the City resulting in up to 10 percent participation
o lncentive programs
o Incentive programs in combination with mandatory health assessments
o lncentive programs, mandatory health assessments and premium reductions, resulting
in participation levels as high as seventy to eighty percent
Wellness Program Request for Proposals
As part of the review process for the City's medical plans in FY 2012113, the City's benefit
consultant, Gallagher Benefit Services (Gallagher), issued a Request for Proposal (RFP) to
health care vendors for plans with cost containment features, including wellness programs.
The Administration recently met with representatives from Engagement Health and Humana
Vitality, who were the only respondents to the wellness component of the RFP. Based on the
RFP submittals, presentations and subsequent question/answer sessions the Administration is
comfortable that a wellness program based on incentives could be implemented for a costs of
approximately $4.+O per employee per month; approximately $53,000 for the 978 employees
who avail themselves of health coverage through the City. This was submitted to the Otfice of
Budget and Performance lmprovement as a potential enhancement for FY 2014115.
Given that it is two years since the last RFP was issued, and given that the RFP issued at that
time was more comprehensive focusing on health benefits and health care administration, with
wellness as a small component, Gallagher believes that we would receive substantially more
proposals were the City to issue a new RFP.
Further the RFP scope would include a multi-year program that eventually results in mandatory
participation by all general employees, includes health care plan premium reductions as its
primary incentive, and yields a significant ROI in year three. Every indication is that such a
reviseO RFP will yield responses from more vendors that those who responded to the original
RFP.
ln addition, implementing the wellness program in phases will allow the City and collective
bargaining units time to negotiate while orienting employees to the benefits of participation, at
minimum as it relates to having a healthier lifestyle and interacting with a provider.
Recommendation
At the August 13, 2014, Finance and Citywide Projects Committee (FCWPC) meeting, s_tlff
recommended including a wellness plan as a component of the employee benefits with the City
of Miami Beach for the reasons provided below and Committee members approved. Therefore,
the Administration recommends adoption of the resolution accepting the FCWPC's
endorsement of this program.
Attachtflents
lnrx$rsc-r
260
Commission Memorandum
Accepting Committee Recommendation Regarding City Wellness Program
Page 4 of 4
September 10,2014
ATTACHMENT 1
Example of A Successful Proqram: Lubbock lndependent School District
The Lubbock lndependent School District (LISD) implemented its wellness plan in 2010. The
LISD's wellness plan is independent from its medical plan carrier and managed by pforymWELL
who tracks employee participation, manages all screenings, and interacts with employees
regarding resources to help them achieve better health.
To encourage employee participation, the LISD wellness plan provides incentives in the form of
reductions to the employees' health care insurance premiums.
o $25 premium reduction each month for completing the HRA,. $25 premium reduction each month for undergoing a biometric screening, and
. $25 premium reduction each month for participating in at least three educational
seminars each year provided by the wellness plan related to improving a current health
condition or promoting health habits.
Employees may earn a maximum premium reduction incentive of $75 per month, with an annual
premium reduction totaling no more than $900.
The LISD has about 3,500 employees in fifty-eight locations. Approximately 2,700 employees
(77 percent) participate in the wellness program indicating that the premium reduction
investment works. ln the four years since implementation, the LISD has seen savings in their
health plan claims of approximately $6 million with related wellness plan costs of $2.65 million.
261
Attachment Z
aa
tUzJJ
TU
=Mo
LL
tU
U)
O
262
'I ri
'!tais#
,,i&r .i
l&*€
t;.3&!*t
.r{&.. 4i{
r'*'e,?.
-:
_r;,.
taa,,,,
(U
l-
(na
(u
l-
o_
Eoo
_o
l'
.9p
-c
(u
fUr
oa.U
l-(UflJ
Xl-(uo
(UE+)((o_-ro-)(roF
ttr ]- L# s Y, g{
-r)(L)(U0)o;.(no-ho;-ogl
|/..ur-c{
-bo=_oo'=ur-)rc-i-22a 9;.gpEEao);-cEBO111l-!-ExsgFEooo:eE
Eo-cm
.rrii !l
d/
ewffip"
4r*.4ifr
fl .f 1i
@.s;*.
',r {!ft&it
'rl taari;
.4.:,f:.:if
.!10xxxxRor-Lo'f;.i Ln r{ r\t c{
oaaoo
263
,j!
*;J
"p
.p ...
L,]-:
o)
l5 .,:
|'I ri
264
#
l-
_o
:ep
-LU
a
-o
(-L.E
r
-
;
C
(u
(u
l-&+r
l-+
=3 E
$oFaa
(u
C
-(u
3
o
l- +)o(uEb0C-U0J :)
l-L-
.* 'ff
-C -(}ft0JaET
_96
oo
265
ao
=aa
--
-
,#,
wo(J
E6
=Groa$(l)
.go
oEo
266
C i-lo 'rl lll:t If J (r' '.l -..- -Z : '' r,.r
u1 1', 1t ,
I
{srrt ILIJO 0r r";Itlt :.::I r!
a-1'l!r
u, t, L
i_
lt.
illl
'.tl
- t.tl;rLi: r'l) ll.?'Y.L
C 'l' 'l'
O, a.- rrJ
f"-- 1. i-:
267
l-
-J
-c 9,pE:9gto;=EgE.g
.E bEE-c oFn t-la\a,'ghE a
O a X-c (D +lo Erl
S r-'=
=*.d e
flt !i- l--Y ,-\ I
A.Y afr9s
=E o\J.41l-!-= # O!Jr.u-
'- a --'= H E .9''; i6 = -sFuroa
=oEAEEEE
268
tl-o
+, tLcb
9roFo\E ,-\
EE,. j5
-}n o-o5
l- +rI- l-l-#0)
cq)$a9cL-
-
I--(E/,
6uOP
oO,A
E€ S
-L' oOc+,Et-h=o, H o-oE EEE
E aE E66Lii .: ^8EE8EE 2'i,,h
= (u-o 3, gg
$H (U .= O O\v 9-o-o(roo ?E;s. . . @ Eo
q)E
)E
.g
.g.E
3
at-oEt-o
.9,E
o
o
q-o
t-o
-o
E
JC
$+Foo()426doOC
P8b.A +'
OF
Silod5c{
,9, Eg,g)(l)6
h)a..i-U
-.sdo6
.g
a
CNj
q)
.C*t
.g
aaoCE
.E
-o
BoE
269
I 9=
=6 (IIsEE ; g
- N ?i-'=co$
o'-Etr-
=o 19Erq 5E
g 6 uE-oc R-Y'E q= *9aE: EI
=,!\ o\ =l Ou+ 8l=t r- 0.ll =3g 3EC C OI ^EE ol a:t$ = -oi =i,d bfil98 Let
=(U 0=ia I ;:;a. P 5lo-) i oi+' nl El#E 3El xi5 E ol El e,
270
0)
-.ts,
.=
Ft-l LLl +r.-l ,Fcl rol'
ol ?x
3l b s
slE s,
Al-l-r_0-z$ E^EEebo(JO;Eo)G o(u(JO
-l-ts E.Cs f;E
E u; o{-o.Coc+'c$o(- -ts,
-F:
-l)ROE r))
#t l- L-
t ll .-ru$ooo,+al-(trJFCo=o
E '.8+J a c).!9 u) u)o oE
o
EaOOape
*F *9aFo #=oLAt- J'JN$
-!E
C(o-co.=lotEol oEI E
'-l o(ul o-gl b:l so)Hl oo)H \EEI 8Et E:E',E9G)-o E9If,--
.= xrF= ocl-l--o o-to<€
271
ltQ*
oJ.o
PU
:=!v J
U)f\o=^fra:/ E-afoa) a)Eo-
-L#l9 ;
-L:,.*P9E 'n-ag-LJ
--g Ea) -c rrl =9al-EEE E Efr:.:=-\J-
6c^; !-x-v€r:P q1 :l rs cr\ -!l\ a SJ OE \d;;=z
=.^='u P
-
(}r 91 >-
.O-!J=
<:-a *U6:-=av
v
U v,-- /t,
O -E)
vtH
-
!,3*...5g.EO(oo-
PA'E5
E
ca,
l,rFrrtc)tJ
!4orll
=
L.,ur*6
FL'rgoc
cr
-e€
U:xH;l6v>
F(}1-
nllr;onl
Ivlrltl-
l-rrt
crult
G,
::,
lrt
-l-
&
r/r]-rr.|()L'
rrt:rIl-u,
TNs(3
crtul-
E
IFrrlrrl
272
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE A REQUEST FOR
PROPOSAL (RFP) FOR A WELLNESS PROGRAM AS A COMPONENT OF THE
EMPLOYMENT BENEFITS WITH THE CITY OF MIAMI BEACH.
WHEREAS, at the August 13,2014 Citywide Projects Committee (FCWPC) meeting, the
Administration presented the benefits of a wellness program (Program), as a component of the
employment benefits with the City of Miami Beach, which would yield eventual savings to the
health plan and provide the benefits of a healthier work force; and
WHEREAS, the FCWPC considered and deliberated on the Administration's
recommendation regarding the incentives associated with a wellness program, required
employee participation and an eventual return on investment and recommended that Staff work
with Gallagher Benefit Services, lnc., the City's third party benefits administrator, to develop the
criteria for the scope of said Program and pursue the issuance of a Request for Proposals
(RFP) for said Program; and
WHEREAS, the Administration recommends that the City Commission approve and
authorize the issuance of the RPF for a wellness program, based upon criteria to be determined
by the Administration as being in the best interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to issue a request for proposal (RFP) for a wellness program as a component of the
employment benefits with the City of Miami Beach.
PASSED AND ADOPTED this 1Oth day of September,2Ol4.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
,8['',XgYit8!&'
['ici,i E*ecuToN[,b;l; qyg
Dote
273
THIS PAGE INTENTIONALLY LEFT BLANK
274
COMMISSION ITEM SUMMARY
Condensed Title:
RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO INVITATION
TO NEGOTTATE (rrN) 2014-170-SW FORA PARKTNG GARAGE GATED PARKTNG REVENUE CONTROLSYSTEM FOR
THE CITY OF MIAMIBEACH.
1 0\Procurement\lTN 201 4-1 MMARY.doc
AGENBA I c7t<
?-/o-/V
Ensure Well-Maintained Facilities.
Data (Surveys, Environmental Scan, etc: N/A
Item Summarv/Recommendation :
The City's Parking System currently hasten (10) municipal parking garages, totaling 6,106 parking spaces. An 11th facility,
Collins Avenue Garage is funded and currently in design with an estimated 470 parking spaces, for a grand total of 6,576
parking spaces. The City's Parking Depa(ment is seeking a state of the art gated parking revenue control system, including
centralized processing of data for all of the City's parking garages, a central monitoring station for: intercoms, CCTV at all
entrance and exit lanes, and access control for all garage equipment. This would allow for operational savings as well as
enhanced audit controls. ln order to achieve this service level, all garages must have compatible hardware, software,
firmware, and equipment, meaning that one system (vendor) must equip and service all garages.
OnMay2l ,20l4,theMayorandCityCommissionapprovedtheissuanceof lnvitationtoNegotiate(lTN)No.2014-170fora
Parking Garage Gated Revenue Control System. The ITN was issued on May 22,2014, with an opening date of July'10,
2U4.fhe solicitation was advertised and notices were released to prospective proposers. The ITN resulted in proposals from
five (5) firms.
After proposer's presentations and interviews, the Committee discussed the proposers' qualifications, experience, and
competence, and further scored the proposers accordingly. The Committee was instructed to score each proposal pursuant
to the evaluation criteria established In the lTN. The final rankings are as follows: 1) Skidata lnc.;2) Amano McGann, lnc.;
3) 3M/CPE - Consolidated Parking Equipment (LCN) (tie); 3) WPS USA Corp. (tie); 5) Scheidt & Bachmann USA, lnc.
After reviewing all the submissions and the Evaluation Committee's rankings of proposals received, the City Manager
exercised his due diligence and is recommending that the Mayor and the City Commission enter into negotiations with
Skidata lnc., Amano McGann, lnc., 3M/CPE - Consolidated Parking Equipment (LCN), WPS USA Corp., and Scheidt &
Bachmann USA, lnc. While Skidata received top-ranking from all Evaluation Committee members, due to a tie and the
closeness of the scores among the remaining four firms, the City Manager believes it is prudent to negotiate with all
responsive proposers.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to lnvitation to Negotiate (lTN) No.
2014-170 for a Parking Garage Gated Revenue Control System; authorizing the Administration to enter into negotiations with
Skidata lnc., Amano McGann, lnc., 3M/CPE - Consolidated Parking Equipment (LCN), WPS USA Corp., and Scheidt &
Bachmann USA, lnc.; and further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of
successful negotiations by the Administration, in the best interest of the City.
RECOMMENDATION
the Resolution.
NA
Financial lmpact Summary: The annual cost associated with the installation of a gated parking revenue control system is
subject to funds availability approved through the annual budgeting process. Account information and availability of funds
shall be verified and approved for each request prior to procuring the services. The funding and accounts noted below are
anticipated FY 2015 budget amounts. Should additional funding be required due to increased need of services, it will be
iect to the review and aooroval of the Office of and Performance lmprovement (OBPI
Computers & computer peripherals. 480-6176-000688
Computers & computer peripherals. 467-61 76-000688
Machinery and equipment. 463-6142-000674 in FY14 available
Machinery and equipment. 480-6142-000674 in FY14 available
*No account assigned for FY15 fund 142-
219,000.00 *No account assigned for FY15 fund 480-
Alex Denis, ext. 7490 or Saul Franqes, ext. 6483
{s rVllA&,4lBfACH BATE275
g MIAMIBEACH
City of Miomi Beqch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members City
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBIECT: RESOLUTION OF THE MAYOR
BEACH FLORIDA, AGGE
MANAGER PERTAINING TO
INVITATION TO NEGOTIATE
GATED PARKING REVENUE
BEACH.
D CITY COMMISSION OF THE CITY OF MIAMI
THE REGOMMENDATION OF THE CITY
THE RANKING OF FIRMS, PURSUANT TO
(rTN) 2014-170-SW FOR A PARKING GARAGE
GONTROL SYSTEM FOR THE CITY OF MIAMI
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTGOME SUPPORTED
Ensure Well-Maintained Facilities.
FUNDING
The annual cost associated with the installation of a gated parking revenue control system is
subject to funds availability approved through the annual budgeting process. Account
information and availability of funds shall be verified and approved for each request prior to
procuring the services. The funding and accounts noted below are anticipated FY 2015 budget
amounts.
Should additional funding be required due to increased need of services, it will be subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
ANALYSIS
The City's Parking System currently has ten (10) municipal parking garages, totaling 6,106
parking spaces. An 11th facility, Collins Avenue Garage is funded and currently in design with
an estimated 470 parking spaces, for a grand total of 6,576 parking spaces.
The gated revenue control system was installed in the City's garages in 1996 by 3M, formerly
known as Federal APD, and the system has been serviced and maintained by their locally
authorized representative CPE (Consolidated Parking Equipment, lnc.). The gated revenue
control system is an essential tool utilized to manage access, usage, point of sale transactions,
Amount Account
$ 425,000.00 Computers & computer peripherals. 480-61 76-000688
2 69,000.00 Computers & computer peripherals. 467-61 76-000688
3 240,000.00 Machinery and equipmenl. 463-6142-000688 in FY14 available
4 100,000.00 Machinery and equipment. 480-6142-000674 in FY14 available
5 170,000.00 *No account assigned for FY15 fund 142-
6 219,000.00 *No account assigned for FY15 fund 480-
Total $ 1,223,000.00
276
City Commission Memorandum - Pa*ing Garage Gated Revenue Control Sysfem
September 10, 2014
Page 2 of 4
audit controls, and reporting. This system is comprised of: hardware, software, firmware, and
equipment, including, gate arms; loop detectors, fee computers, entry stations, exit stations,
and pay on foot (POD stations. The gated parking revenue control system is an extremely
important tool that the City's Parking Department utilizes to operate and manage all of its
pait<ing garages. lt is important to note that the Parking Department has been transitioning the
payment platform from "pay at exit" (cashiers in booths) to Pay-On-Foot (POF) operations,
where patrons use walk-up stations to process their transaction. This has resulted in significant
operational expense savings, particularly, in parking attendant labor as well as enhanced audit
controls. Currently, each garage operates on a standalone basis and certain garages have
equipment that is outdated and incompatible across technological lines.
The City's Parking Department is seeking a state of the art gated parking revenue control
system, including centralized processing of data for all of the City's parking garages, a central
monitoring station for: intercoms, CCTV at all entrance and exit lanes, and access controlfor all
garage equipment. This would allow for operational savings as well as enhanced audit controls.
ln order to achieve this service level, all garages must have compatible hardware, software,
firmware, and equipment, meaning that one system (vendor) must equip and service all
garages. These technology enhancements are available from a number of vendors in the
industry, including the current vendor, 3M/CPE.
3M/CPE submitted a proposal to upgrade the system, as described above, at a cost of $1.6M.
There are other vendors that provide state-of-the-art garage gated revenue control systems;
however, it is important to note that the current system/equipment is proprietary. This would
require the replacement of all software and potentially some hardware, firmware, and
equipment at all municipal garages, including those garages which were recently constructed
and outfitted with relatively new equipment.
Through ITN 2014-170-SW, the City of Miami Beach, Florida (the "City") has sought proposals
from firms interested in providing the City with a state-of-the-art garage gated revenue control
system.
ITN PROCESS
On wtaV Z,2014, the Mayor and City Commission approved the issuance of lnvitation to
Negotiate (lTN) No. 2014-170 for a Parking Garage Gated Revenue Control System. The ITN
wai issued on May 22, 2014, with an opening date of July 10, 2014. The solicitation was
advertised and notiies were released to prospective proposers. The ITN resulted in proposals
from the following five (5) firms:
1. Amano McGann, lnc.
2. Consolidated Parking EquiPment
3. Scheidt & Bachmann USA, lnc.
4. Skidata lnc.
5. WPS USA Corp.
On August 8,2014, the City Manager via Letter to Commission (LTC) No. 276-2014 appointed
an Evaluation Committee (the "Committee") consisting of the following individuals:
. Saul Frances, Parking Director, Parking Department, City of Miami Beach
. Patricia Walker, Chief Financial Officer, Finance Administration, City of Miami Beach
o Ariel Sosa, lnfo Technical Director, l.T. Communications, City of Miami Beach
277
City Commission Memorandum - Parking Garage Gated Revenue Control Sysfem
September 10, 2014
Page 3 of 4
The Evaluation Committee (the "Committee") convened on August 14, 2014, to consider
proposals received and interview the proposers. The Committee was provided with information
relative to the City's Cone of Silence and Government in the Sunshine Law, general information
on the scope of services, reference responses, and additional pertinent information from all
responsive proposers.
After proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers accordingly. The
Committee was instructed to score each proposal pursuant to the evaluation criteria established
in the lTN. The final rankings are as follows:
Saul
Frances
Ariel
Sosa
Patricia
Walker
Low
Aggregate
Totals /
Rank
Skidata lnc.e8 (1)e0 (1)e2 (1)3 (1)
Amano McGann, lnc.e6 (3)75 (4)e0 (2)e (2)
3M/CPE - Consolidated Parking
Eouioment (LCN)e8 (1)45 (5)85 (4)10 (3) tie
WPS USA Corp.e2 (4)80 (2)85 (4)10 (3) tie
Scheidt & Bachmann USA, lnc.e0 (5)7e (3)87 (3)11 (5)
ln determining responsiveness and responsibility of the firms, the Department of Procurement
Management verified compliance with the minimum requirements established in the lTN,
financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past
performance through client references submitted by each proposer.
SKIDATA. lnc. was established in North America as a wholly owned subsidiary of SKIDATA, AG
in January 2OOO. At that time, the mission was to establish a SKIDATA presence in the North
American Off-Street Parking and Revenue Control System market segment. lts parent
company, SKIDATA, AG, was founded in Austria in 1977. SKIDATA, lnc. has built over 750
systems in Canada, USA and Mexico. Their products and services are found in airports,
municipalities, shopping centers, universities and medical centers across North America.
Recent clients include the City of Oklahoma City, City of Beverly Hills, City of St. Louis and
Downtown Salt Lake City. Their services include consulting, integration, direct support,
documentation and training.
Amano McGann, lnc. is headquartered in Roseville, Minnesota with approximately 290
employees across the United States. With over 290 employees, 20 branch offices and over 40
distribution partners throughout the U.S., Amano McGann has performed over 6,000
installations worldwide along with its parent company Amano Corporation. Amano has
provided parking, time and access solutions to universities, hotel chains, airports, sports,
complex and municipalities. Recent clients include the City of West Palm Beach, City of
Portland Smart Park Garages, and the City of Detroit.
3M/CPE - Consolidated Parkinq Equipment (LCN) is the current vendor providing service and
maintenance for the gated revenue control system for the City of Miami Beach. CPE was
created in August 2005 by a group of experienced professionals with over 30 years of
experience from 3M. CPE has performed over 50 new installations ranging in size from one
278
City Commission Memorandum - Parking Garage Gated Revenue Control Sysfem
September 10, 2014
Page 4 of 4
building to an entire city's parking operation. Their services have included all aspects of parking
access, revenue control systems, integrated intercom, video systems and software
customizations. Recent clients have been Port of Miami, Port Everglades and the City of Miami
Beach.
WPS USA Corp. has over twenty (20) years of experience using bar code technology in their
pirking access systems. WPS is the only known manufacturer in the parking industry to offer
up to ten (10) years of guaranteed "Cost of Ownership" for the hardware and software. WPS
introduced the first "Credit Car ln/Credit Card Out" solution back in the early 1990's. Recent
clients have been the City of Norfolk, the Los Angeles Department of Transportation, Rockville
Town Square and the Union Station Parking Garage in Washington, D.C.
Scheidt & Bachmann USA. lnc. is headquartered in Burlington, Massachusetts and has
provided parking revenue control equipment services for over 19 years. Services provided have
included more than 6,000 installations worldwide, ranging from small installations with as few as
two lanes to larger installations servicing up to 200 lanes. Within the USA subsidiary company,
there are three (3) main district offices and ten (10) service offices across the country. Scheidt
& Bachmann's Florida service is located in Doral, Florida and was opened in 2008 to support
projects in Florida. Recent clients have included the Miami Parking Authority, City of Baltimore
and Tampa Port Authority.
CITY MANAGER'S DUE DILIGENCE
After reviewing all the submissions and the Evaluation Committee's rankings of proposals
received, the City Manager exercised his due diligence and is recommending that the Mayor
and the City Commission authorize the Administration to enter into negotiations with Skidata
lnc., Amano McGann, lnc., 3M/CPE - Consolidated Parking Equipment (LCN), WPS USA
Corp., and Scheidt & Bachmann USA, lnc. While Skidata received top-ranking from all
Evaluation Committee members, due to a tie and the closeness of the scores among the
remaining four firms, the City Manager believes it is prudent to negotiate with all responsive
proposers.
CONCLUSION
the Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager, pursuant to lnvitation to
Negotiate (lTN) No. 2014-170 for a Parking Garage Gated Revenue Control System,
authorizing the Administration to enter into negotiations with Skidata lnc., Amano McGann, lnc.,
3M/CPE - Consolidated Parking Equipment (LCN), WPS USA Corp., and Scheidt & Bachmann
USA, lnc.; and further authorizing the Mayor and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration, in the best interest of the City.
JLM/KGB/SF/AD
T:\AGENDAVO14\September 10\Procurement\lTN 2014-17O-SW Parking Garage Gated Revenue Control System - MEMO.doc
279
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE REGOMMENDATION OF THE
clTY MANAGER, PURSUANT TO TNVITATION TO NEGOTTATE (tTN) 2014-
{7O.SW FOR A GATED REVENUE CONTROL SYSTEM FOR THE CITY'S
PARKING GARAGES; AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH ALL THE PROPOSERS; TO WIT: SKIDATA
INC., AMANO MCGANN, INC., LCN, ING. D/B/A CONSOLIDATED PARKING
EQUIPMENT, WPS USA CORP., AND SCHEIDT & BAGHMANN USA, ING.;
AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, on May 21,2014, the Mayor and City Commission authorized the issuance
of lnvitation to Negotiate (lTN) 2014-170-SW for a Gated Revenue Control System for the City's
parking garages, including centralized processing of data for all of the City's parking garages; a
central monitoring station for intercoms and CCTV at all entrance and exit lanes; and
centralized access control for all garage equipment; and
WHEREAS, on May 22,2014, ITN 2014-170-SW was issued with an opening date of
July 10,2014; and
WHEREAS, a pre-proposal conference to provide information to prospective proposers
was held on June 5,2014; and
WHEREAS, fifty (50) proposers were notified via The Public Group and Outlook email,
which resulted in the receipt of five (5) proposals; and
WHEREAS, on August 8, 2014, the City Manager via Letter to Commission (LTC) No.
276-2014 appointed an Evaluation Committee (the "Committee"), which convened on August
14,2014, to consider proposals received and interview the proposers; 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 ITN; and
WHEREAS, the Committee's ranking of the firms submitting proposals was as follows:
1) Skidata lnc.; 2) Amano McGann, lnc.; 3) LCN, lnc. d/b/a Consolidated Parking Equipment;
and WPS USA Corp. (tie); and 5) Scheidt & Bachmann USA, lnc.; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings of proposals received, and the fact that there was a tie score and the scores were all
close, the City Manager exercised his due diligence and is recommending that the Mayor and
the City Commission authorize the Administration to enter into negotiations with all the
proposers.
280
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, pursuant to lnvitation to
Negotiate (lTN) 2014-170-SW for a Gated Revenue Control System for the City's parking
garages; authorize the Administration to enter into negotiations with all the proposers; to wit:
Skidata lnc., Amano McGann, lnc., LCN, lnc. d/b/a Consolidated Parking Equipment, WPS USA
Corp., and Scheidt & Bachmann USA, lnc.; and further authorize the Mayor and City Clerk to
execute an agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
Jf:lY'o*r(,\r+
-r-Dole
T:\AGENDAVO14\SeptembeAProcurement\lTN 2014-170-SW Parking Garage Gated Revenue Control System for the City of Miaml
Beach RESO.doc
281
THIS PAGE INTENTIONALLY LEFT BLANK
282
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing an
amendment to the professional services agreement with Walker Parking Consultants, lnc. to perform a
parking demand analysis for Middle Beach in an amount not to exceed $17,000; funded through remaining
inoencv funds from the South Beach and North Beach studies
lntended Outcome
lmprove Parking availability.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74% of residents and72% of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to make Miami
Beach a better to live, work or plav.
Item Summarv/Recommendation :
On September 11,2013, the Mayor and Commission approved Resolution No. 2013-28309 which
approved a waiver of competitive bidding, via a 517'n vote and authorized a professional services
agreement with "Walker" Parking Consultants, lnc, to perform a parking demand analysis for the South
Beach area, in an amount not to exceed $140,525.
On March 5,2014 and June 11,2014, the CityCommission approved Resolution No.2014-28510 and
2014-28618, respectively, authorizing an amendment to the Professional Services Agreement with Walker
Parking Consultants, lnc. to perform a parking demand analysis for certain areas in North Beach and
subsequently the entirety of North Beach, in an amount not to exceed $28,000, respectively.
The Middle Beach area, consisting of the following boundaries: 40th Street to 42nd Street between Alton
Road and Collins Avenue; and A1A from 23'o Street to 63'o Street, is experiencing substantial increases in
development. Municipal parking facilities in these corridors are at or near capacity on a daily basis. ln
fact, the Mayor and Commission adopted a recommendation from the Neighborhoods and Community
Affairs Committee (NCAC) to relocate monthly parking permitholders (longterm parkers/employees) at
Municipal Parking Lot No. P71, located at 46'n Street and Collins Avenue, to other municipal parking
facilities, in order to create more parking availability for residents and visitors.
It would be advantageous to utilize contingency funds allocated in the South Beach and North Beach
studies to fund a study, with the same scope of services and deliverables, for Middle Beach. This would
result in having studies for all three major geographical areas (South, Middle, and North) of the city.
Walker Parking has submitted a proposal to conduct the Middle Beach study ($15,500) and a ten percent
(10o/o) contingency equates to an amount not to exceed $17,000.
Please note no further funding is required as there is sufficient funding from the South Beach and North
Beach studies contingency allocation to perform the Middle Beach study.
Administration Recommendation :the Resolution.
Financial !nformation :
Source of
Funds:
Amount Account
1 $17,000 480-0461 -00031 2
2
3
OBPI Total
Financia! lmpact Summary:
Clerk's Office
Saul Frances
Sion-Offs:
Department Director Assistant CiQManager City It/rnager
SF K KGB fiY JLT/I1 Yr^
T:\AGENDA\2014\Septl 02014.sum.doc0\WalkerParking DemandStudyMidd ttit.t.t\I.J --AGENDA ftEN C7 LMIAMIBEACHD,r(E ?-/0'/q283
g MIAMIBEACH
City of Miqmi Beoch, ,1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
To: Mayor Philip Levine and Members of fie City
FRoM: Jimmy L. Morales, City Manager J-=a
COMAAISSION MEMORAN DUM
DATE: September 10,2014 I '
t
SUBJECT: A RESOLUTION OF THE MAYOR ANP CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZTNG hN AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT WITH WALKER PARKING CONSULTANTS, INC., TO
PERFORM A PARKING DEMAND ANALYSIS FOR MIDDLE BEACH IN AN AMOUNT
NOT TO EXCEED $17,000; FUNDED THROUGH REMAINING CONTINGENCY FUNDS
FROM THE SOUTH BEACH AND NORTH BEACH STUDIES.
FUNDING
$1 7,000 - 480-0461 -00031 2
Funds are available from Parking Fund 480, Account No. 480.0461 .000312
PURCHASE AUTHORITY
Resolution No. 2013-28309 approved a waiver of formal competitive bidding, by a 5/7th vote and
authorized a professional services agreement with Walker Parking Consultants, lnc.
KEY INTENDED OUTCOME SUPPORTED
lmprove Parking availability.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
On September 11 ,2013, the Mayor and Commission approved Resolution No. 2013-28309 which
approved a waiver of competitive bidding, via a 5/7th vote and authorized a professional services
agreement with "Walke/' Parking Consultants, lnc, to perform a parking demand analysis for the
South Beach area, in an amount not to exceed $140,525.
On March 5,2014 and June 11,2014, the City Commission approved Resolution No. 2014-28510
and2O14-28618, respectively, authorizing an amendmenttothe ProfessionalServicesAgreement
with Walker Parking Consultants, lnc. to perform a parking demand analysis for certain areas in
North Beach and subsequently the entirety of North Beach, in an amount not to exceed $28,000,
respectively.
284
Commission Memorandum -Walker Parking Demand Analysis - Middle Beach
September 10,2014
Page 2 of 2
The Middle Beach area, consisting of the following boundaries: 40th Street to 42nd Street between
Alton Road and Collins Avenue; and 41A from 23'd Street to 63'd Street, is experiencing substantial
increases in development. Municipal parking facilities in these corridors are at or near capacity on a
daily basis. ln fact, the Mayorand Commission adopted a recommendation from the Neighborhoods
and Community Affairs Committee (NCAC) to relocate monthly parking permitholders (longterm
parkers/employees) at Municipal Parking Lot No. P71 , located at 46th Street and Collins Avenue, to
other municipal parking facilities, in order to create more parking availability for residents and
visitors.
It would be advantageous to utilize contingency funds allocated in the South Beach and North
Beach studies to fund a study, with the same scope of services and deliverables, for Middle Beach.
This would result in having studies for all three major geographical areas (South, Middle, and North)
of the city. Walker Parking has submitted a proposal to conduct the Middle Beach study ($15,500)
and a ten percent (10%) contingency equates to an amount not to exceed $17,000.
Please note no further funding is required as there is sufficient funding from the South Beach and
North Beach studies contingency allocation to perform the Middle Beach study.
CONCLUSION
The Administration is seeking authorization to amend the professional services agreement with
Walker Parking Consultants, lnc. to perform a parking demand analysis for Middle Beach, funded
through the South Beach and North Beach studies contingency allocation, in an amount not to
exceed $17,000.
T:\AGENDA\2014\SeptemberlOWalkerParkingDemandStudyMiddle Beach09102014.mem.doc
JLM/KGB/SF
285
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 3 TO THE
PROFESSIONAL SERVICES AGREEMENT (AGREEMENT) WITH WALKER
PARKING CONSULTANTS, INC., DATED OCTOBER 30, 2013; SAID
AMENDMENT INCREASING THE SCOPE OF THE AGREEMENT TO
INCLUDE A PARKING DEMAND ANALYSIS FOR MIDDLE BEACH, TO BE
FUNDED FROM THE REMAINING CONTINGENCY FUNDS UNDER SAID
AGREEMENT, IN AN AMOUNT NOT TO EXCEED $17,000.
WHEREAS, parking demand projections are derived from parking inventory
usage, including data collection; review of current and future development projects; and,
in consultation with the Administration, certain assumptions regarding economic growth,
seasonality, and related trends; and
WHEREAS, the Mayor and Commission directed the Administration to conduct
a parking demand analysis for South Beach in a phased approach which is being
performed by Walker Parking Consultants, lnc., (Walker Parking) pursuant to a
Professional Services Agreement dated October 30,2013 (the Agreement); and
WHEREAS, On March 5,2014 and June 11,2014, the City Commission
approved Resolution No. 2014-28510 and 2014-28618, respectively, authorizing an
amendment to the Professional Services Agreement with Walker Parking Consultants,
lnc. to perform a parking demand analysis for certain areas in North Beach and
subsequently the entirety of North Beach; and
WHEREAS, the Middle Beach area, consisting of 40th Street to 42nd Street
between Alton Road and Collins Avenue; and A1A from 23'd Street to 63'd Street, is
experiencing substantial increases in development with municipal parking facilities in
these corridors at or near capacity on a daily basis; and
WHEREAS, it would be advantageous to utilize contingency funding allocated
in the South Beach and North Beach studies to fund a study, with the same scope of
services and deliverables, for Middle Beach, resulting in studies for all three major
geographical areas of the city; and
WHEREAS, Walker Parking has submitted a proposal to conduct the Middle
Beach study in the amount of $15,500 and with a ten percent (10Yo) contingency
equates to an amount not to exceed $17,000; and
WHEREAS, no further funding is required as there are sufficient funds in the
South Beach and North Beach studies' contingency allocation to perform the Middle
Beach study; and
WHEREAS, an amendment to the Agreement is necessary in order to perform
the additional analysis for Middle Beach.
286
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 approve and authorize the Mayor and City Clerk to execute
Amendment No. 3, to the Professional Services Agreement (Agreement) with Walker
Parking Consultants, lnc., dated October 30, 2013; said Amendment increasing the
scope of the Agreement to include a parking demand analysis for Middle Beach, to be
funded from the remaining contingency funds under said Agreement, in an amount not
to exceed $17,000.
PASSED AND ADOPTED this lOth day of September,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\2014\September101\WalkerParkingDemandStudyMiddleBeach09l020l4.reso.docx
_ APPROVED AS TOFORM & LANGUAGE
& FOR EXECUTION
q'3- (u
-
Dote
287
THIS PAGE INTENTIONALLY LEFT BLANK
288
COMMISSION IIEM SUMMARY
ionofTheCityofMiamiBeach,Florida'AcceptingThe
Recommendation Of TheCity Manager Pertaining To The Ranking Of Proposals, Pursuant To lnvitation to
iate (lTN) No.2014-215-LR, For Band Shell Services.
Condensed Title:
Item Summary/Recommendation :
Data Environmental Scan. etc: N/A
dtheissuanceofthelTN,whichwasissuedonApril24,
2014, with an opening date of June 26, 2014. A pre-proposal conference was held on May 14,20M. The
City received thiee (3) proposals from Fantasy Theatre Factory, lnc., The Market Company and The Rhythm
Foundation.
On August 18, 2014, the City Manager appointed an Evaluation Committee (the "Committee"), which
conrenid on August 21,2014-lo consider proposals received. The Committee was instructed to score and
rank each propoial pursuant to the evaluation criteria established in the RFQ. The results of the evaluation
committee process were presented to the City Manager for his recommendation to the City Commission.
While the ITN process allows for negotiations with multiple proposers, the results of the evaluation process
indicate that The Rhythm Founda[ion is overwhelmingly the most qualified proposer; therefore, after
reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City Manager
recomm6nds that the Mayor and the City Commission, pursuant to lnvitation to Negotiate (lTN) No. 2014-
21s-LR, for Band Shell Management Services, authorize the Administration to enter into negotiations with
The Rhythm Foundation; and iurther authorize the City Manager to execute an Agreement upon conclusion
of successful negotiations by the Administration. The Administration recommends that if successful
negotiations cannot be reached with The Rhythm Foundation, that the Mayor and City Commission authorize
the Administration to negotiate with the Fantasy Factory Theatre and The Market Company.
RECOMMENDATION
The Admtpistration recommends that the Mayor and the City Commission, pursuant to lnvitation to Negotiate
(lTN)) No.2O14-215-LR, for Band Shell Management Services, authorize the Administration to enter into
nego[iations with The Rhythm Foundation; and further authorize the City Manager to execute an Agreement
up6n conclusion of successful negotiations by the Administration. The Administration recommends that if
successful negotiations cannot be reached with The Rhythm Foundation, that the Mayor and City
Commission authorize the Administration to negotiate with the Fantasy Factory Theatre and The Market
Company.
RECOMMENDATION
the Resolution.
Advisorv Board Recommendation :
Clerk's Office
,U0 1 4\September 1 0\lTN 201 4-21 Services -ary.doc
AGENDA ITEil
DATE
c7P{
?-to-tcl
01 1-0950-000312 (FY 14t15)
expenditureisbasedonFY14l15anlicipatedapprovedbudgeted
Alex is. Extension 6641
* MIAMIBTACH 289
g MIAMI BEACH
City of Miomi Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
TO:Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
tNVtTATtON TO NEGOTTATE NO. 201+215-LR (THE ITN), FOR BAND SHELL
MANAGEMENT SERVIGES.
ADM INISTRATION RECOMMEN DATION
Adopt the Resolution.
FUNDING
Account No. 011-0950-000312 (FY 14115) - $45,000
BACKGROUND
The City of Miami Beach is seeking a public or private (not-for-profit or for-profit) entity to
manage the North Beach Band Shell and activate the facility with year-round programming. The
successful proposer must program the facility a minimum of 35 events annually, including
programming for the monthly food truck events. Annual programming must include a
combination of free and paid ticketed events.
ln exchange for these services, the City will provide up to $45,000 annually toward the operation
of the facility, continue to provide dayto-day maintenance, as well fund all capital
improvements. The City is also budgeting for the purchase of a tent to cover the open air
portion of the band shell to be used to shade attendees from inclement weather.
Proposers were encouraged to submit proposals that will address the needs of the community
and provide both daytime and nighttime uses if possible. Collaborations in order to provide a
wide array of community offerings including, but not limited to, music, theater, dance, and other
performing arts were encouraged.
RFP PROGESS
On April 23,2014, the City Commission approved the issuance of the lTN, which was issued on
April24,2014, with an opening date of June 26, 2014. A pre-proposal conference was held on
May 1 4,2014. The City received three (3) proposals.
o Fantasy Theatre Factory, lnc.. The Market Company. The Rhythm Foundation
290
Commission Memorandum - ITN 2014-215-LR Band Shell Management Services
September 10,2014
Page 2
On August 18,2014, the City Manager appointed an Evaluation Committee (the "Committee"),
consisting of the following individuals:
. Cynthia Casanova, Parks Facilities Manager, Parks & Recreation Departmento Mark Milisits, Leasing Specialists, Tourism, Culture & Economic Development. Charles Million, City of Miami Beach Cultural Arts Council
Alternates:. Carlos DaCruz, Office Associate V, Parks & Recreation Department
The Committee convened on August 21,2014, to consider the proposal received. The
Committee was provided an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Government Sunshine Law. The Committee was also provided
general information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
ln determining responsiveness and responsibility of the firms, the Department of Procurement
Management verified compliance with the minimum requirements established in the lTN, and
financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report.
The Rhvthm Foundation, is a Miami-Beach based non-profit organization, established in 1988 to
promote international cultural exchange through the presentation of live music. Special focus is
given to those cultures of greatest interest to South Florida residents and visitors, allowing
better understanding between communities. The Rhythm Foundation has grown to become one
of the largest independent presenting organizations of its kind in the United States, with year-
round programming and a budget of over $1,000,000. They provide similar services to the
Hollywood Community Redevelopment Agency for the Hollywood ArtsPark Experience; the City
of Miami's Little Haiti Cultural Center for their Big Night in Little Haiti; and the City of Boca
Raton's for the Boca Brazilian Beat.
Fantasv Theatre Factorv. lnc., is a non-for-profit professional theater and cultural arts institution
founded in 1978, and incorporated in 1982. lts primary mission is to make the arts and culture
more accessible to people of all cultures and backgrounds. Fantasy Theatre Factory produces
all street entertainers and specialty skills acts for the annual Art Deco Weekend festival; yearly
theatre for young audiences at schools, parks, museum and numerous other venues throughout
the City, as well as, Miami-Dade and Broward Counties.
Cynthia
Casanova Rankino
Mark
Milisits Rankino
Charles
Million Rankinq
LOW
AGGREGATE
TOTALS
Final
Flankinos
Fantasy Theatre
Factorv. lnc.75 2 80 2 82 2 tt 2
The Market Comoanv 45 3 67 3 74 3 9 3
I ne Knytnm
Foundation 98 1 95 1 95 1 3 1
291
Commission Memorandum - ITN 2014-21s-LR Band Shell Management Services
September 10,2014
Page 3
The Market Companv, has produced and managed the Lincoln Road Farmers Market since
1997. lt also runs the Normandy Village Marketplace and Espanola Way Weekend Festival
which includes artistic presentations. The Market Company produces ten (10) additional
markets each year throughout Miami-Dade County.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
@wsfornegotiationswithmultiplepropoSerS,theresultsofthe
evaluation process indicate that The Rhythm Foundation is ovenruhelmingly the most qualified
proposer; therefore, after reviewing the submissions and the Evaluation Committee's rankings
of proposals received, the City Manager recommends that the Mayor and the City Commission,
pursuant to lnvitation to Negotiate (lTN) No.2014-215-LR, for Band Shell Management
bervices, authorize the administration to enter into negotiations with The Rhythm Foundation;
and further authorize the City Manager to execute an Agreement upon conclusion of successful
negotiations by the Administration. The Administration recommends that if successful
negotiations cannot be reached with The Rhythm Foundation, that the Mayor and City
Commission authorize the Administration to negotiate with the Fantasy Factory Theatre and The
Market Company.
CONCLUSION
The Admtnistration recommends that the Mayor and the City Commission, pursuant to lnvitation
to Negotiate (lTN) No.2014-215-LR, for Band Shell Management Services, authorize the
Administration to enter into negotiations with The Rhythm Foundation; and further authorize the
City Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration. The Administration recommends that if successful negotiations cannot be
reached with The Rhythm Foundation, that the Mayor and City Commission authorize the
Administration to negotiate with the Fantasy Factory Theatre and The Market Company.
JLM/fr tMrtMS/AD
T:\AGENDA\2014Uuly\Procurement\lTQ 2014-21s-LR Band Shell Management Services - Memo.doc
292
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT tNVtTATtON TO NEGOTIATE NO. 2014-215-LR (THE lrN), FOR
BAND SHELL MANAGEMENT SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE RHYTHM
FOUNDATION, !NG.; AND lF UNSUCCESSFUL lN NEGOTIATING AN
AGREEMENT WITH THE RHYTHM FOUNDATION, INC., AUTHORIZE THE
ADMINISTRATION TO NEGOTIATE WITH THE FANTASY THEATRE
FACTORY, lNC. AND THE MARKET COMPANY, lNG.; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON GONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, lnvitation to Negotiate No. 2014-215-LR (the ITN) was issued on April 23,
2014, with an opening date of June 26, 2014; and
WHEREAS, a voluntary pre-proposal meeting was held on May 14,2014; and
WHEREAS, the City received a total of three (3) proposals; and
WHEREAS, on August 18, 2014, the City Manager via Letter to Commission (LTC) No.
290-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Cynthia Casanova, Parks Facilities Manager, Parks & Recreation Department. Mark Milisits, Leasing Specialists, Tourism, Culture & Economic Developmento Charles Million, City of Miami Beach CulturalArts Council
Alternates:
. Carlos DaCruz, Office Associate V, Parks & Recreation Department
WHEREAS, the Committee convened on August 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 ITN; and
WHEREAS, the Committee's ranking was as follows: The Rhythm Foundation, lnc., as
the top-ranked firm; Fantasy Theatre Factory, lnc., second highest ranked; and The Market
Company, lnc., the third highest ranked; and
293
WHEREAS, after reviewing all the submissions
rankings, the City Manager exercised his due diligence
and the
and is
Evaluation Committee's
recommending that the
Administration be authorized to enter into negotiations with The Rhythm Foundation, lnc.; and
further authorize the City Manager to execute an Agreement upon conclusion of successful
negotiations by the Administration. The Administration recommends that if successful
negotiations cannot be reached with The Rhythm Foundation, lnc., that the Mayor and City
Commission authorlze the Administration to negotiate with the Fantasy Factory Theatre, lnc.
and The Market Company, lnc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CIry 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 lnvitation to Negotiate (lTN)) No.2014-21s-LR, for Band Shell
Management Services; authorize the Administration to enter into negotiations with the top-
ranked proposer, The Rhythm Foundation, lnc.; and if unsuccessful in negotiating an agreement
with The Rhythm Foundation, lnc., authorize the Administration to negotiate with the Fantasy
Factory Theatre, lnc. and The Market Company, lnc.; and further authorize the Mayor and City
Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
PASSED AND ADOPTED this
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\Septemberl0\Procurement\lTN 2014-215-LR Band Shell Management Services - Resolution.doc
day of
APPROVED AS TO
rONU & IANGUAGE
& FOR EXECUTIONt\tlk
-
Dote
294
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting the Recommendations of the Neighborhood/Community Affairs Committee At lts
July 25, 2014 Meeting And Providing North Bay Village Residents With Access To The Normandy lsle Park
Pool Located At 7030 Trouville Esplanade , Between The Hours Of 9:00 am And 4:00 pm, During Non-
Summer Months, At A Fifty Percent Reduced Rate From The Miami Beach Non-Resident Rates; And
Offering An Additional Registration Period For The City's Beach/Sand Volleyball Program For North Bay
Village Residents At A Reduced Rate To Be Equal To Fifty Percent Of The Difference Between The Miami
Beach Resident Rate And Miami Beach Non-Resident Rate, With Said Registration Period To Occur After
The ion Period Offered For Miami Beach Residents.
Ensure that a universal culture of high quality customer service is driving the conduct of the City
Commission and all Citv emolovees.
Supporting Data (Surveys, Environmental Scan, etc
ltem Su mmary/Recommendation :
North Bay Village Mayor Connie Leon-Kreps reached out to the City expressing desire for the City to offer
access to the Normandy Park Pool to North Bay Village residents at a reduced rate. This item was initially
discussed during the February 28, 2014 Neighborhood/Community Affairs Committee (NCAC) meeting
where Staff were directed to assess the current programming at Normandy Pool and identify any
opportunities for North Bay Village residents to utilize the pool during non-programmed hours. A
subsequent discussion was initiated by Commissioner Greico during the June 11,2014 Commission
meeting concerning the availability of recreational programming in North Beach that could be offered to
North Bay Village residents at a reduced rate. Following this discussion, staff conducted an assessment of
participation rates for recreational programming in North Beach. The findings were presented to the NCAC
at their 2014 mee
Advisorv Board Recommendation :
Provide North Bay Village residents with an opportunity to utilize the Normandy Park Pool during non-
summer months, between the hours of 9:00 am to 4:00 pm, at a reduced rate of 50% from what is charged
to non-residents (currently $10.00 for adults and $6.00 for children); Offer registration for sand/beach
volleyball to North Bay Village residents at a reduced rate to be equal to 50% of the difference between the
Miami Beach resident rate and the Miami Beach non-resident rate; and Offer an additional registration
iod for sand/beach all to occur after the reoistrati offered to Miami Beach residents.
Financial I nformation:
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary:
John Rebar
T:\AGENDA\2O14\September\Parks & Rec\North Bay Village Use of Recreational Programs and Facilities MMARY.docx
AGENDA ITEM
DATE
c7N?- -//MIAMIBEACH 295
g MIAMI BEACH
City of Miomi Beoch, I700 Convention Cenfer Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA ACCEPTING THE RECOMMENDATIONS OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JULY 25, 2014
MEETING AND PROVIDING NORTH BAY VILLAGE RESIDENTS WITH ACCESS TO
THE NORMANDY ISLE PARK POOL LOCATED AT 7O3O TROUVILLE ESPLANADE,
BETWEEN THE HOURS OF 9:00 AM AND 4:00 PM, DURING NON-SUMMER
MONTHS, AT A FIFTY PERCENT REDUCED RATE FROM THE M!AM! BEACH NON.
RESIDENT FTATES;AND OFFERING AN ADDITIONAL REGISTRATION PERIOD FOR
THE CITY'S BEACH/SAND VOLLEYBALL PROGRAM FOR NORTH BAY VILLAGE
RESIDENTS AT A REDUCED RATE TO BE EQUAL TO FIFTY PERCENT OF THE
DIFFERENCE BETWEEN THE M!AM! BEACH RESIDENT RATE AND MIAMI BEACH
NON.RESIDENT RATE, WITH SAID REGISTRATION PERIOD TO OCCUR AFTER
THE REGISTRATION PERIOD OFFERED FOR MIAMI BEACH RESIDENTS.
BACKGROUND
Pursuant to a letter from Mayor Connie Leon-Kreps of North Bay Village ("Attachment A"), a
discussion item was initially referred to the Neighborhood/Community Affairs Committee
(NCAC) at the January 15,2014 City Commission meeting. The item was presented to the
NCAC at its February 28,2014 meeting. North Bay Village Mayor Leon-Kreps advised that
North Bay Village finds itself with limited resources for their residents and expressed interest in
the City allowing North Bay Village residents to utilize amenities at Normandy lsle Park and
Pool at a reduced or free rate. Parks and Recreation Administration were tasked with
assessing the current programming at Normandy Pool in orderto identify any opportunities for
the North Bay Village residents to utilize the pool during non-programmed times.
A referral item was placed on the June 1 1, 2014 City Commission meeting agenda to the
Finance and Citywide Projects Committee regarding a discussion of the schedule of user fees
for various Parks and Recreation programs and services, facility admissions and rentals. This
item was pulled from the Consent Agenda for discussion by Commissioner Greico.
Commissioner Grieco stated that there was a request from the Mayor of North Bay Village to
allow access to North Bay Village residents into the Normandy Park Pool at a reduced rate from
what is charged to non-Miami Beach residents. Commissioner Greico requested for Staff to
determine where there is space, whether by time or actual slots, in order for the City
Commission to price it out and determine if a reduced fee for North Bay Village could be
296
Commission Memorandum- North Bay Village use of North Beach Recreational Facilities
September 10,2014
Page 2 of 2
accomplished. John Rebar, Parks and Recreation Department Director advised that all City of
Miami Beach residents use the facility free of charge. Non-resident rates are $6 for children and
$10 for adults. Fee waivers can only be accomplished through action from the City
Commission.
Commissioner Weithorn explained that at the NCAC meeting of February 28,2014, it was
decided that the City would not place our residents behind those of other cities. Director Rebar
advised that programs such as soccer and basketball are at full capacity, with several people
on waiting lists. However, Staff would conduct an assessment in order to identify any programs
that are not at full capacity and would also assess if there were specified times at the
Normandy Park Pool that could be offered to North Bay Village residents, especially seniors.
Commissioner Malakoff suggested offering a reduced fee for North BayVillage residents, which
would be lower than the fees charged to Miami Beach non-residents.
Following direction from the City Commission, Staff analyzed the Parks and Recreation
programming utilization in the North Beach area and presented their findings to the NCAC at
their July 25,2014 meeting. A detailed analysis is provided as "Attachment 8". Based on the
analysis conducted, the Administration determined that there is an opportunity during the
school year (non-summer months) where the Normandy Park Pool could be utilized after 9:00
am by North Bay Village residents. ln addition, there may also be opportunity in a few of the
athletic programs/classes where participation does not reach maximum capacity. lt should be
noted that the City's senior programs and special population programs are already offered to
non-residents, many of which are free of charge.
Following the discussion, the NCAC recommended the following:
o Provide North Bay Village residents with an opportunity to utilize the Normandy Park
Pool during non-summer months, between the hours of 9:00 am to 4:00 pm, at a
reduced rate of 50% from what is charged to non-residents (currently $10.00 for adults
and $6.00 for children); and. Offer registration for sand/beach volleyball to North Bay Village residents at a reduced
rate to be equal to 50% of the difference between the Miami Beach resident rate and
the Miami Beach non-resident rate; and. Offer an additional registration period for sand/beach volleyball to occur after the
registration period offered to Miami Beach residents.
CONCLUSION
Currently, the Parks and Recreation programming only offers a two-tier fee structure, Miami
Beach Resident and Miami Beach Non-Resident rates. Should the City Commission wish to
accept the recommendation of the NCAC, an additional fee structure, as outlined above, will
need to be created. ln addition, consideration should also include the possibility that other
neighboring jurisdictions may approach the City with similar requests.
JLM/Mr/FRrefiS(
Attachments
t:\agenda\2014\september\parks & rec\ncac north bay village use of recreational programs and facilities.doc
297
ATTACHMENT A
North Bay Village
A&rfrstrst.ve O{tcss
1666 Kenoedy Carrcr,ay. Su(s 300 ilorfi 8ay Vro0o Ft 33t41
IGr 13051 756-7171 Far {305}758.7722 Wobsito $l1ml|tllhgg-.qEm
Oaobq I5.2013
SENTYIA ETUILAAID IEGAL{R ITAIL
Mr. Marl Taxis
Assirtant Cily Managcr
City of Miami Bsdr
1700 Conrtntirn C'cntcr Drivc
Iliomi Bcoch, fL 33 1 l0
R"f,: Nortl Bry Vlrgc Rcrldclr Urc of !{oroudy Frclllty
Dcar Mr. l'axis:
It vrtr a plcarue rrcting you at thc Miami Bcrh Torvn lloll llctdng lost *rel. .As dlrc-gsscd,
thc Villagc'r rcsi&nts nould grc*ly bcrcfit fmnr thc u* of Miami Bcach's l.Ionnady faciliry.
spccifically thc pool. Thcrcforc. our Village rdminisrration nould like to. st your Gonvc1i61166.
discuss murually ctxrr,cnicnt &rrsnsenrcot$ in ordcr to facilitatc our nrsidrnts' usc of thc
Normo*ly frcility.
\#c ue very cxcitcd about thir prospccr and thanl 1ou in odvancc for your tirnc rnd
considerdion. Pk qse c$ntset nrc or thc L)cputy Viltagc lvtanagcr ro *.t-up a nreeting ro further
discuss this opponunity.
/V
.ugr{o bt7,--
e Le'on-Krrpc
Mayor of North Bay Villugc
cc: Ihc Homroblo trlayur Matti llernrs B$\tcr
Dccdc Wc itlxrn. Comrnissiorrr
Jimmy Morder. City N,lar$ger
Frank Rollason. Vilhgr Mmagr
Jcnicc Roodo. Dcputy Villagc Managpr
Mtor
Coulc lnr-Krtpr
Vbo Mryo.
f,ddc l^b
Canmissiqs
Ilr. Rlcbrd Ckn'ory
Commisgioftr
lrVcrdy Drvell
('onmiroirx*r
JoqsCoredc
298
ATTACHMENT B
North End Program Analysis as ofJuly 2014
,rOgram )ropram Description Ase Location
Max
Enrollment Participation Resident Rate Non-Resident Rate
PROGRAMS/CTASSES
\fter School ;trucutred and suDervised after school oroerams K-5 srds NSPYC 260 700%S175 Ouarterlv 5325 Ouarterlv
;ummer Camp ttrucutred and supervased summer camp programs K-5 erds NSPYC 375 700%ss2s 577s
)laytime iingine; dancinc; arts & crafts; academics 3-4 yrs NSPYC 77 700%s42s s640
;tickv Finsers :reative arts & crafts for Darent and child 2-3 vrs NIPP 15 33%ss0 5100
'ot Time \ multimedia exDerience for Darent and child Toddlers NIPP 15 o%s100 s150
lumba )ance fitness Adults NSPYC No Max No Max Ss S8
,oga :itness Adults NSPYC 20 TBD 55 Ss
azzv Hip Hop )ance 6-9 vrs NSPYC 15 57%S20 monthlv S30 monthlv
,allet / Tap )ance 6-9 vrs NSPYC 15 93%s88 s130
SENIOR PROGRAMS
;enior Scenes
:ree programs for seniors that include chair aerobics -
:ai chi - yoga - computer class - dominoes/board games 55+NSPYC No Max Free Free
-eramrcs :reate, paint and fire molds 55+NSPYC 25 80%S62 59s
:ine Art Paintin{)ifferent stvles of oaintinc 55+NSPYC z5 100%Free Free
SPECIAT POPUTATIONS
iocial CIub Meetine \dult sDecial needs activities 18+NSPYC No Max No Max 0 0
ipecial Olympics ipecial Olympic traininc 18+NSPYC 20 90%0 0
ihake-A-Les Sailins iailinc 18+NSPYC 5 700%0 n
/oung Athletes
)rogram (YAP)
fouth special needs activities sponsored by Special
)lympics 2-7 yts NSPYC 20 35%0 0
ATHIETICS
een Easketball ntramural teen basketball leaeue Teens NSPYC 50 700%s2s s200
lasketball Clinics lasketball skills 7-10 yrs NSPYC 50 TBD s2s s200
'OCCer ntramural soccer league 5-6 vrs Fairwav 40 708%S2s s200
,OCCer ntramural soccer league 7-8 vrs Fairwav 40 90%S2s 5200
'OCCer ntramural soccer leasue 9-10 vrs Fairwav 40 so%s2s s200
;occer ntramural soccer leacue U.-13 yrs Fairway 20 95%s2s s200
;occer ntramural soccer league Tots NIPP 10 70%s2s s200
,eewee Soccer ntramural soccer Ieague 5-6 vrs NSPYC 40 100%S2s s200
'Ball lasic baseball skills 4-6 vrs NSPYC 40 70%s2s 5200
]aseball ntramural baseball IeaEue 7-8 vrs NSPYC 24 108%s2s s200
]aseball ntramural baseball league 9-10 vrs Flaminco 15 93%s2s s200
]asketball ntramural basketball leacue 9-11 vrs NSPYC/SRYC 720 702%S2s s200
)asketball ntramural basketball leacue 12-13 vrs NSPYC 60 aTYo s2s s200
;irls Basketball ntramural basketball leacue 8-10 vrs NSPYC 40 a3%s25 5200
;irls Basketball ntramural basketball leasue 11-14 yrs NSPYC 40 200/0 S2s s200
ioccer Clinics ;occer skills development 7-13 yrs Fairway 15 L27%725 s250
VOTTEYBATT - SAND
/outh Elementarv )laver develooment and skills and olav 9-12 vrs 73rd ST. Beach 24 33%S50 monthlv S90 montlhv
ikills & Drills /olleyball skills and drills 12-15 yrs 73rd ST. Beach 24 29./o S60 monthly S90 montlhy
lish Develooment \dvanced skills L5-18 vrs 73rd ST. Beach 24 t3%S50 monthlv S90 montlhy
:itness for Beg /ollevball fitness Adults 73rd ST. Beach 24 t3%560 monthlv 590 montlhv
llub 4's :lub olav 4 on 4 Adults 73rd ST. Beach 24 73%S50 monthlv S90 montlhv
vlen's 2's vlens plav 2 on 2 Adults 73rd ST. Beach 24 0%S60 monthly S90 montlhy
tromens 2's y'Vomens play 2 on 2 Adults 73rd ST. Beach 24 8%S60 monthly 590 montlhy
POOt
vlommv & Me ;wimmine lnstruction 5 mths-2 vrs Normandv Pool 10 700%s35 ss0
\oua Babies Free iwimmins lnstruction 3-5 yrs Normandy Pool 10 100%Free N/A
\qua Babies ning lnstruction 3-5 vrs Normandv Pool 10 too%S3s ss0
evel I & ll iwimmins lnstruction 6 and uo Normandv Pool 10 L00%s35 Sso
evel lll & lV ;wimmins lnstruction 5 and uo Normandv Pool 10 so%s35 ss0
:een/Adult iwimmins lnstruction 13 and up Normandv Pool 10 so%S3s 5s0
trater Aerobics itness All Normandv Pool 25 4OYo Free
Pool Entrance 510
Adults/s6 Youth
299
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATIONS OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS JULY
25,2014 MEETING AND PROVIDING NORTH BAY VILLAGE RESIDENTS
WITH ACCESS TO THE NORMANDY ISLE PARK POOL LOCATED AT 7O3O
TROUVILLE ESPLANADE , BETWEEN THE HOURS OF 9:00 AM AND 4:00
PM, DURING NON.SUMMER MONTHS, AT A FIFTY PERCENT REDUCED
RATE FROM THE MIAMI BEACH NON.RESIDENT RATES; AND OFFERING
AN ADDITIONAL REGISTRATION PERIOD FOR THE CITY'S BEAGH/SAND
VOLLEYBALL PROGRAM FOR NORTH BAY VILLAGE RESIDENTS AT A
REDUCED RATE TO BE EQUAL TO FIFTY PERCENT OF THE
DIFFERENCE BETWEEN THE MIAMI BEACH RESIDENT RATE AND MIAMI
BEACH NON.RESIDENT RATE, WITH SAID REGISTRATION PERIOD TO
OCCUR AFTER THE REGISTRATION PERIOD OFFERED FOR MIAMI
BEACH RESIDENTS.
WHEREAS, in a letter dated October 15,2014, North Bay Village Mayor Connie Leon-
Kreps expressing desire for the City of Miami Beach to provide North Bay Village residents the
ability to utilize amenities at the Normandy Park Pool at a reduced or free rate; and
WHEREAS, on January 15, 2014, the City Commission referred this item for discussion
to the Neighborhood/Community Affairs Committee (NCAC); and
WHEREAS, a discussion was held at the NCAC meeting on February 28,2014; and
WHEREAS, following the discussion, Parks and Recreation Staff were directed to
assess the current programming offered at Normandy Park Pool in order to identify any
opportunities for North Bay Village residents to utilize the pool during non-programmed times;
and
WHEREAS, a discussion was held at the June 11,2014 City Commission meeting
concerning the availability of all recreational programs held in the north end of the City that
could be offered to North Bay Village residents at a reduced rate from the Miami Beach non-
resident rate; and
WHEREAS, Parks and Recreation Staff were directed to conduct an assessment of all
recreational programming in North Beach; and
WHEREAS, Staff presented their findings to the NCAC at its July 25,2014 meeting; and
WHEREAS, the NCAC recommended the following:. Provide North Bay Village residents with an opportunity to utilize the
Normandy Park Pool during non-summer months, between the hours of
9:00 am to 4:00 pm, at a reduced rate of 50% from what is charged to
300
non-residents (currently $10.00 for adults and $6.00 for children); and. Offer registration for sand/beach volleyball to North Bay Village residents
at a reduced rate to be equal to 50% of the difference between the Miami
Beach resident rate and the Miami Beach non-resident rate; and
' Offer an additional registration period for sand/beach volleyball to occur
after the registration period offered to Miami Beach residents; and
WHEREAS, should the City Commission accept the recommendation of the NCAC, a
third fee structure will need to be approved by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSTON OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission accept the
recommendations of the Neighborhood/Community Affairs Committee at its July 25, 2014
meeting and provide North Bay Village residents with access to the Normandy lsle Park Pool
located at 7030 Trouville Esplanade, between the hours of g:00 am and 4:00 pm, during non-
summer months, at a fifty percent reduced rate from the Miami Beach non-resident rates; and
offer an additional registration period for the City's beach/sand volleyball program for North Bay
Village residents at a reduced rate to be equal to fifty percent of the difference between the
Miami Beach resident rate and Miami Beach non-resident rate, with said registration period to
occur after the registration period offered for Miami Beach residents.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
,(*qlsl#
Dot{City Atiorney /-v
301
THIS PAGE INTENTIONALLY LEFT BLANK
302
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, authorizing the
City Manager and City Clerk to execute a Memorandum of Understanding between the City of Miami
Beach, on behalf of the Miami Beach Police Department and the Federal Bureau of lnvestigation,
South Florida Joint Terrorism Task Force for the purpose of the prevention, preemption, deterrence
and investigation of terrorist acts and apprehend individuals who may commit or plan to commit such
acts.
lntended Outcome
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
)ublic Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndicated that their three top most important areas of for the City of Miami Beach to address in an effort to
mprove public safety throughout the City is Preventing Cnme 44.9o/o, Enforcing Traffic Laws 36.1% and
ncreasino Visibilitv of Police in Neiohborhoods 32.4o/o.
lssue:
Shall the Commission adopt this Resolution?
Item Summary/Recommendation :
The Miami Division of the Federal Bureau of lnvestigation (FBl) has established the South Florida
Joint Terrorism Task Force (JTTF) ('Task Force") for the purpose of prevention, preemption,
deterrence and investigation of terrorist acts, and apprehend individuals who may commit or plan to
commit such acts. This Task Force will enhance the effectiveness of Federal, State and local law
enforcement resources through a well coordinated initiative seeking the most effective investigative
and prosecutive avenues and to facilitate the sharing of FBI information with the intelligence and law
enforcement communities to protect the United States and the City of Miami Beach against threats to
our national security, including international terrrorism.
ln an effort to support the JTTF, the Miami Beach Police Department (MBPD) has been asked by the
FBI to participate and execute a Memorandum of Understanding between the FBI and the City of
Miami Beach on behalf of the MBPD. As a result, a Detective from the Criminal lnvestigations Division
will be assigned to the JTTF to work in conjunction with their personnel in identifying, locating and
apprehending individuals who commit these crimes in the City of Miami Beach and South Florida.
Participation in the JTTF will benefit the City of Miami Beach and the MBPD because of access to
increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding
the FBI has agreed to provide access to a vehicle; reimburse the City of Miami Beach for overtime
expenses, travel, and investigative expenses incurred by the MBPD Detective in connection with JTTF
investigations pending available funding. Upon the signatures of all the parties to the Memorandum of
Understanding, the Detective can participate in the JTTF for the duration of the Task Force unless
either the FBI or the Citv of Miami Beach should decide to withdraw.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
NA
N/A
Department Director Assistant Gity Manager Qity Manager
Daniel J. Oates, Chiefffi'[)
Miami Beach Police Ddou rn
AGEN TEM caoMIAMIBTACHoArE ?/0'/q303
MIAMIBEACH
City of Miomi Beoch, 1700 Conveniion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
the City
ITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI
BEACH, ON BEHALF OF THE MIAMI BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDAJOINTTERRORISM TASK
FORCE FOR THE PURPOSE OF THE PREVENTION, PREEMPTION, DETERRENCE
AND INVESTIGATION OF TERRORIST ACTS AND APPREHEND INDIVIDUALS WHO
MAY COMMIT OR PLAN TO COMMIT SUCH ACTS.
ADM IN ISTRATION RECOM MEN DATION
Approve the Resolution.
ANALYSIS
The Miami Division of the Federal Bureau of lnvestigation (FBl) has established the South Florida
Joint Terrorism Task Force (JTTF) ("Task Force") for the purpose of prevention, preemption,
deterrence and investigation of terrorist acts; and apprehend individuals who may commit or plan to
commit such acts. This Task Force will enhance the effectiveness of Federal, State and local law
enforcement resources through a well-coordinated initiative seeking the most effective investigative
and prospective avenues and to facilitate the sharing of FBI information with the intelligence and law
enforcement communities to protect the United States and the City of Miami Beach against threats to
our national security, including international terrorism.
ln an effort to support the JTTF, the Miami Beach Police Department (MBPD) has been asked bythe
FBI to participate and execute a Memorandum of Understanding between the FBI and the City of
Miami Beach on behalf of the MBPD. As a result, a Detective from the Criminal lnvestigations
Division will be assigned to the JTTF to work in conjunction with their personnel in identifying, locating
and apprehending individuals who commit these crimes in the Cityof Miami Beach and South Florida.
Participation in the JTTF will benefit the City of Miami Beach and the MBPD because of access to
increased investigative resources and capabilities. Pursuant to the Memorandum of Understanding
the FBI has agreed to provide access to a vehicle; reimburse the City of Miami Beach for overtime
expenses, travel, and investigative expenses incurred by the MBPD Detective in connection with
JTTF investigations pending available funding. Upon the signatures of all the parties to the
Memorandum of Understanding, the Detective can participate in the JTTF for the duration of the Task
Force unless either the FBI or the City of Miami Beach should decide to withdraw.
rr-rr,,,##tr
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: A RESOLUTION OF THE MAYOR
304
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH, ON
BEHALF OF THE MIAM! BEACH POLICE DEPARTMENT, AND THE
FEDERAL BUREAU OF INVESTIGATION, SOUTH FLORIDA JOINT
TERRORISM TASK FORCE FOR THE PURPOSE OF THE
PREVENTION, PREEMPTION, DETERRENCE AND INVESTIGATTON
OF TERRORIST ACTS, AND APPREHEND INDIVIDUALS WHO MAY
COMMIT OR PLAN TO COMMIT SUCH ACTS.
WHEREAS, the Miami Division of the Federal Bureau of lnvestigation (FBl) has
established the South Florida Joint Terrorism Task Force ("Task Force") for the purpose of
prevention, preemption, deterrence and investigation of terrorist acts, and apprehend individuals
who may commit or plan to commit such acts; and
WHEREAS, the Task Force enhances the effectiveness of Federal, State and local law
enforcement resources through a well coordinated initiative seeking the most effective
investigative and prosecutive avenues, and to facilitate the sharing of FBI information with the
intelligence and law enforcement communities to protect the United States and the City of Miami
Beach against threats to our national security, including international terrorism; and
WHEREAS, a detective sergeant from the Miami Beach Police Department shall be
assigned to the Task Force, to work in conjunction with Federal, State and local law
enforcement personnel in identifying, locating, and apprehending those individuals who commit
these crimes in the City of Miami Beach and South Florida; and
WHEREAS, it is a great benefit to the Miami Beach Police Department to participate in
this Task Force because of the increased investigative resources and capability, and shall
thereby improve the effectiveness of the Miami Beach Police Department law enforcement
activities; and
WHEREAS, upon the availability of funding, the FBI will reimburse the City of Miami
Beach and the Miami Beach Police Department for overtime expenses, travel, and provide
access to a vehicle that shall be utilized for investigative purposes of the Task Force; and
WHEREAS, the City of Miami Beach, on behalf of the Miami Beach Police Department,
and the Federal Bureau of lnvestigation, wishes to execute a Memorandum of Understanding,
commencing upon the signatures of all parties, and shall remain in effect for the duration of the
Miami Beach Police Department's participation in the Task Force.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
GOMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, that the City Manager and City
Clerk are hereby authorized to execute the attached Memorandum of Understanding with the
Federal Bureau of lnvestigation, Miami Division, South Florida Joint Terrorism Task Force, for
the purpose of the prevention, preemption, deterrence and investigation of terrorist acts and
apprehend individuals who may commit or plan to commit such acts.
PASSED and ADOPTED this day of September,2014.
ATTEST:
MAYOR PHILIP LEVINE
AppRovEDAS To
FORM & LANGUAGE
& FOH EXECUTION
RAFAEL E. GRANADO, CITY CLERK
305
JOINT TERRORISM TASK T'ORCE
S I'ANDARD MEMORANDUM OF UNDERSTANDING
BETWEEN
THE IIEDERAL BURLAU OF INVES'I'IGATION
AND
Miami Beach Police Department
PREAMBLE
'lhe policy of the United States with regard to domestic and international terrorism is to deter,
defeat, and respond vigorously to all terrorist attacks on our territory and against our citizens, or
facilities. Within the United States, the Department of Justice, acting through the Federal lJureau
of Investigation (FBI), is the lead agency domestically for the counterterrorism effort.
In order to ensure that there is a robust capability'to deter. defeat, and respond vigorously to
terrorism in the U.S. or against any U.S. interest, the F'BI recognizes the need for all federal, state.
local, and tribal agencies that are involved in fighting terrorism to coordinate ancl share
information ernd resources. 'to that end. the IBl believes that the creation of the FBI National
Joint -l'enorism 'l'ask Force (NJ'l''l"F) and Joint Terrorism'Iask Forces (J'l"fFs) embodies the
objectivcs of the l"J.S. policy on counterterrorism as set forth in Presidential Directives.
FBI policy for the NJ'I"[F and JT'I'Fs is to provide a vehicle to facilitate sharing F Bl information
with the intelligence eund law enforcement communities to protect the United States against threats
to our national securiqv, including international terrorism. and thereby improve the effectiveness of
law enforcement, consistent with the protection of classified or otherwise sensitivc intelligence
and law enfbrcement information, including sources and methods. All NJI'TF and JTTIr
operational and investigative activilv. including the collection, retention and dissemination of
personal information, will be conducted in a manner that protects and preserves the constitutional
rights and civil liberties of all persons in the United States.
'l'his Memorandum of Understanding (MOLI) shall serv'e to establish the parameters for the detail
of employees (Detailees or members) from the Participating Agency to the FBl-led J'l-'IF's in
selected locations around the [Jnited States.
I.PLJRP-OS-H
A. 'I'he purpose of this MOU is to outline the mission of the J'I"[F, and to formalize the
relationship between the FBI and the Participating Agency in order to maximize
cooperation and to create a cohesive unit capable of addressing the most complex
tcrrorism investigations.
306
FOR OFI.'ICIAL I-,SE ONLY
13. 'l'he MOl; specificalll represents the agreement befween the Flll and the
Participating Agenc;-. which will govern the process by which employees o{'the
Participating Agency are detailed to work with the FBI as part o( the J'|TF.
Cl. 'l'his MOU is not intended. and should not be construed, to create any right or
benefjt, substantive or procedural, enforceable at law or otherwise by any third
party against the parties. their parent agencies. the U.S., or the ofl'icers- employees.
agents or other associated personnel thereof.
II. MISSTQ](
'l'he mission of the J'l"l'F is to leverage the collective resourses of the member agencies for the
prevention. preemption. deterrence and investigation of terrorist acts that aff'ect United States
interests, and to disrupt and prevent tcrrorist acts and apprehend individuals who ma,,,- commit or
plan to commit such acts. 'fo further this rnission, the JTTF shall serve as a means to facilitate
inlormation sharing among J'I'TF members.
III. ALi'l'llQRIlY
Pursuemt to 28 1J.S.Cl. ' 533, 28 C.l".R. ' 0.85. Executive Order 12333, as amended, National
Sccurity Presidential Directive (NSPD) 46l Ilomeland Security Presidential Directive (llSPD) l5
and Annex Il thereto, the FBI is authorized to coordinate an intelligence. investigative. and
opcrationalresponse to terrorism. Ely virtue of that same authority, the FBI formed J'l"l'Fs
composed of other federal. state. local. and tribal larv enforcement agencies acting in support of the
aboye listed statutory and regulatory prol'isions.
ll'>urliciputing agencies muy include applicable authoriry\for enterinl; into this MOU.l
rv. eQN'lllQLLlNE.pQ_qJME"ljlS
A. Since the J'l"l'F operates under the authority of the Attorney General of'the LJnited
States. all J'l"l'F participants must adhere to applicable Attorney General=s
Guidelines and directives. to include the following, as amended or supplemented:
1. Attomey General=s Guidelines on General Crimes. Racketeering
Entcrprise and T'errorism linterprise Investigations;
2. Attome.v General=s Guidelines tbr FIII National Security Investigations
and F'oreign lntelligence Collection:
FOR oFFIcr,iI UsE oNLY
This document is the propertv of the t'BI and is lo*ned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
307
rOR OFFICIAL USE ONI,Y
i. ;\tttlrnev General.=s Guidelines on Federal Bureau of Investigation
t- ndercover Operations;
4. Attorncy General=s Guidelines Regarding Prompt F{andling of lleports of
Possible Criminal Activity Involving Ioreign Intelligence Sources;
5. Attome-v- General Memoremdum dated March 6. 2002. titled alntelligence
Sharing Procedures fbr t-oreign Intelligence and Foreign
Counterintelligence Investigations Conducted by the FBIB:
6. Attorne.v- General=s Guidelines Regarding the Use of Confidential
Informants:
7 . Attorne;- (ieneral=s Guidelines on the Development and Opcration of FIJI
Criminal [nformants and Cooperative Witnesses in ]-,xtraterritorial
Jurisdictions:
8. Attorney General=s Guidelines Regarding Disclosure to the Director of'
Central Intelligence and Homeland Security Officials of Foreign
lntelligence Acquired in the Course of a Criminal Investigation: and
9. Nlemorandum from the Deputy Attomey (ieneral a:d the FBI Director re:
Field Guidance on lntelligcnce Sharing Procedures for [Foreign
Intelligence] and IF oreign Counterintelligence] Investigations ( December
24,2002).
B. All guidance on investigative matters handled by the JI"I'F will be issued b,v' the
Attomey General zrnd the FBI. 'l'he FIll will provide copies of the ahove-listcd
guidelines and any other applicable policies for referencc and revicw to all J'l"l'F
members, Notr,r'ithstanding the above, this MOU does not alter or abrogatc
existing directives or policies regarding the conduct of investigations or the use of
speciai investigative techniques or controlled informants. 'l'he FIll agrces to
conduct periodic briefings of the member agencies of the 3'11'1; pursuant to all legal
requirements and F BI policies.
v. s",r Rr.rc_ t-ir R-H_.11\D MANA_GIIAEN:I !!"[HLIA_$K.IABC-E
A. MtiMtllrRs
l. Each J'l"l-F shall consist of a combined body of sworn and non-swom
personnel from the FBI and each Participating Agency. I'his MO(J shall
apply to Panicipating Agencies that join the J'l"l'F subsequent to execution
of this agreement.
3
FOR OFFICIAL USE ONLY
'f his document is the propert-r' of the FBI and is loaned to your agency.
Neither it nor its contents mav be released without authorization by FBI Headquarters.
308
rOR OFTICIAL USE ONLY
B. P.RO c&A r\{ UAN AG E \4U-N 1:t) I RL_Cl:l
"I
gN, AND s Ltp_Ll RV I S_l O N
1. In order to comply with Presidential Directives. the policy and program
management of the J'tTFs is the responsibility of FBI Headquartcrs
(l"BIflQ). 'l'he overall commander of each individual J-l"l'li w.ill be the
Special Agent in Charge (SAC) or Assistant Director in Chiuge (ADIC). if
a-ssigned. of the FBI=s local Field Division. Ihe operational chain of
command beginning at the highest level. in each FIll Field Division will be
as follorvs: ADICI if zxsigned, SAC, Assistant Special Agent in Chuge
(ASAC). and Superv'isory Special Agenr U'fTf Superv.isorl.
2. Each Ftsl ADIC/SAC. through his or her chain-of'-command. is responsible
fbr administrati'v'e and operational matters directly associated with the
Division=s JTI'F(s). Operational activities will be supervised by F'BI
J-l'l'[; Supervisors. Staffing issues are the rcsponsibilitv of the trBI chain
0f command.
All investigations opened and conducted by the J'l"l'F must be conducted in
contbrmance rvith FBI policy, to include the above stated Controlling
I)ocuments. Each Flll ADICISAC, through his or her chain-of-command.
lvill ensure that all inrestigations are propcrly documented on [rBI forms in
accordance with FBI rules and regulations. Any operational problems will
be resolved at the field office level. Any problems not resolved at thc field
otlicc level w'ill be submitted to each ag€nc!=5 headquarters for resolution.
Hach Participating Agency reprcsentative will report to his or her rcspcctive
agency for personnel adminisEative matters. Each Participating Agency
shall be rcsponsible fbr the pay, overtime. leave. performance appraisals.
and other personnel matters relating to its employees detailed to i'l"l'Fs.
As discussed later herein at Paragraph XI. the FBI and the Participating
Agency'may provide for overtime reimbursement by the FBI by separate
written agreement.
Lach J'l"l'F member w'ill be subject to the personnel rules, regulations, laws.
and policies applicable to employees of his or her respective agency and
also will adhere to the FBI=s ethical standards ernd will be subject to the
Supplemental Standards of Ethical Conduct for employees of the
Department of Justice. where there is a conflict betw'een the standards or
requirements of the Participating Agency and the FBI, the standard or
requirement that provides the greatest organizational protection or benefit
will apply, unless the organizations jointly resolve the conflict otherwise.
4
FOR OTFICIAL USE ONLY
This document is the properf;- of the FBI and is loaned to your agency.
Neither it nor its contents may be released w'ithout authorization by FBI Headquarters.
J.
I+.
5.
309
6.
rOR OT'FICIAL USE ONLY
J'l"l l: members are subject to removal fiom the J'l"l'F by the IiLll tbr
violation of any provision of this MotJ, the F.Ill=s ethical standards, the
Supplemental Standards of Ethical Conduct fbr employ.ccs of the
Department of Justice. or other applicable agreements, rules. and
regulations.
'l'he FBI maintains oversight and review responsibilit,v of the J1'-l'1.'s. In
the event of an FBI inquiry into J'l"l'F activities by an investigative or
administrative body. including but not limited to, the FIll=s Office of
Professional Responsibiliry" or the FBI. s Inspection Division. each
Participating Agency representative to thc JT-I'F. may be subject to
interview'bv the FBI.
7
C
t."I'he F'Bl will provide offrce space for all J'I'T'F members and support staff.
ln addition, the FBI will provide all necessary secretarial, clerical,
automation, and technical support for the J'l"t'F in accordance with FBI
guidelines and procedures. 'l'he FBI will provide all fumiture and ofllce
equipment. Participating agencies may bring office equipment or furniture
into FBI space with the approval of the f BI JI'I'F Supervisor and in
compliance w'ith IiBI regulations.
l'he introduction of office equipment and fumiture into FIll space by
Participating Agencies is discouraged. as any such material is subject to
examination tbr technical compromise. which may result in its being
dzrnaged or destroyed.
r\.CLHARANCTJS
5
rOR OT-FICIAL USE ONLY
'f his document is the propert-v of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by l'BI Headquarters.
2.
VI.
310
IOR OFFICIAL L,SE ONLY
State, local. and tribal members of the J"l'l'Fs. as well as appropriatc
superr,isorl personnel responsible for these individuals" must apply fbr zrnd
rece ive a'l'op Secret/sensiti ve compartmented Information (' I'sls cl I )
Security clearance granted by the IjBI. J'I'TF members firom other federa]
agencics must obtain a'fop SecreVSCll clearance fiom their agency and
have this information passed to &e IiBI. No one will have access to
sensitive or classified documents or materials or FBI space without a vali<l
security'clearance and the necessary Aneed-to-know.B Pursuant to the
provisions of Section I .2 of Executive order 12968. Detailees are required
to have signed a nondisclosure agreement approved by the I.'BI,,s Security
Division. Pursuant to federal law, JTTF members are slrictly forbidden
fiom disclosing any classitied information to individuals who do not
possess the appropriate security clea.rance and the need to know.
Nl J'[TI' management personnel must ensure that each parricipating J'l"l'F'
officer or agent undertakes all necessary steps to obtain a'l'SiSCI clearanse.
Conversion of FBI counterterrorism and J'I'TF spaces to Sensitive
Compartmented Information Facilities (SCIf s) is underwa.v-. This will
require that all J'l'l'F task force oificers enhance their clcarances to I'S/SCI
(SI.1'K. Gamma HCS-P).
Federal agencl- task fbrce officers should contact their Security officers zurd
request and obtain the follow'ing SCI Clearances: Sl, 1'K. Gamma, and
lICS-P. If the parent agency refuses or is unable to provide the appropriate
clearances, the FBI will request the task force officer=s security file. Il
providcd. the FBI rvill adjudicate SCI clearances. -['his action may involve
a prohibitively long process and should be avoided.
Hach Participating Agency fully understands that its personnel detailed to
the J't tF are not permitted to discuss oflicial J'ITF busincss w.ith
supervisors rvho are not members of the J'l"l'F unless the supervisor
possesses the appropriate scctrlity clearance and the dissemination or
discussion is specifically approved by the I-BI JT'l'f Supervisor.
Participating Agency'heads will be brief'ed regarding J'fl-F matters by the
S.,\C or ADIC. as appropriate, through established J'[T'F Executive Lloard
meetings.
In accordance with the Dircctor of Central Intelligence Directive (DCID)
6u'4, entitled Personnel Securitr Standards and Procedures Governing
Eligibilit-v for Access to Sensitive Compartrnented lnformation (SCI), the
Ftst will implement protocols to enswe Special Agent (SA) and'l'ask Forcc
Officers ('ffO) assigned to Joint'l'enorism'l'ask !'orces (i'l"ff ) in the field
and the National Joint'l'errorism Task l'orce (NJ'I'1'F) at FBI Ileadquarrers -
6
FOR OFFICIAL USE ONLY
This document is the propery* of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
)
4.
5.
311
rOR OFFICIAL USE ONLY
Liberty cirr:ssing I, are in compliance with stated directive. In order tg
compl;" rvith I)clD 614. all J'l'l'F personnel. including FBI and non-r;Bl
J'l"l'F members and contractors who perform functions requiring access tr:
lBl classified data net'*'orks and space. will be given counter-intelligence
tbcused poly'graphs. 'l'he UBI will recognize polygraph e.xaminations
conducted by outside federal agencies that meet the Ftsl=s pSpp
requirement. l'he FBI will make the final determination w'hether a
polygraph examination meets the PSPP requirements.
6- All JI'TI' members must agree to submit to counter-intelligence fbcused
polygraphs as part of the process for obtaining and retaining a'r'op Secret
Security Clearance.
B. RES I RICI'IONS ON IILECTRONIC EQUIPMI:NT
Pcrsonall,"- ormed Portable Electronic Devices (PHDs) including. but not [imited to,
personal digital assistants. Blackbeny devices. cellular telephones. and tw'o-way pagers are
prohibited in Flll space unless properly approved. No personally owned electronic devices
are permitted to operate within SCIFs as outlined in DCI Directive 619 and existing Bureau
policy'. Ali other non-F Eli orvned infbrmation technolog.v- and systems (such as computers.
printers. I'ax machines. copiers. PBDs, cameras. and media including diskenes, CIDS,
tapes) require Ftsl approval prior to introduction, operation, connection. or removal fiom
FBI spaccs to include SCIFs. Additionally, if approved by the Ftll Securitv Ofticer, these
systems must operate in cclmpliance with the FBI=s policies. guidelines. and procedures.
I)EP1J1'A fION
Non-f'ederal members of the J'l"fF who are subject to a background inquiry and are sworn law
enforcement ofllcers will be l'ederally deputized rvhile detailed to the J'I"[F'. 'l'he Ii BI w.ill securc
the required authorization tbr their deputation. Deputation of these individuals w'ill ensure that
they are able to assist fully' in investigations in compliance with applicable federal statutes. On
occasion. investigations may be conducted outside of the Jl"l'l'=s assigned territory. Deputation
will allow non-fbderal members of the JT'['F to exercise federal law enforcement authoritv
throughout the United States.
IJnder the terms of this MOU, all Participating Agencies agree that non-sworn personnel detailcd to
the J'l"l'F will not : ( I ) participate in law enforcement activities. (2) carry a weapon: or
(3 ) participate in the execution of searcl,- arrest wtrrants.
VIII. S I.AI]I.NG COMMITMHNT
1
FOR OFFICIAL USE ONLY
This document is the property of the FBI and is loaned to your agency.
]ieither it nor its contetrts may be released without authorization by FBI Headquarters.
VII
312
TOR OFFICIAL USf, ONLY
A. In rie$, of the need tbr securir.v clearances and continuit,"- of investigators. all
pcrsonnel detailed to the J.l"l'F should be expected to be detailed for a period of at
least tw'o (2) vcars. fhis MOU imposes no mrximum limit as to the time that any
individual may'remain a member of the J'l"fF. All non-FBl members of the J'l"l'F
must adhere to the same rules and regulations as FUI employees w'ith regard to
conduct and activities while in FBI space. while operating FIll vehicles. aurd whilc
conducting J'l-l-F business. All 'l'ask Force members detailed from other f'ederal
agencies are responsible fbr maintaining an appropriate case load. as directed by
J'l"fF managemenr.
il. All investigators detailed to the J'l'l'F will be designated either full-time or
part-time. 'l'hc operationalneeds of the JT'I'lj recluire that any assignments to
special details. or duties outside of the Jl'l'F to full-time J'l"l'F members be
coordinatcd with the I'BI J'f'l'F Supervisor. 'fhough each J'I"I'F member will report
to his or her respective Participating Agency for pcrsonnel matters. he or she will
coordinate leave rvith the JTI'F=s i.BI JT]"l. Supervisor.
Cl. During perir:ds of heightened threats and emergencies. the JT'l'Fs may be expectedto operate 24 hours per daJ', seven day's per week. for extended periods of time.'l'o function properly, the J't"fF depends upon the unique contributions of each
Participating Agencl. Accordinglv, during these periods, each Participating
Agcncy member rvill be expected to be available to support J'f'fF activities.
8
rOR OFFICIAL USE ONLY
'f his document is the propert"v of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Headquarters.
313
F]OR OTFICIAI, USE ONI,Y
IX. I{I:CTORD.S. RF.POR fS rUlD IN,t-OR,VIA]_IQN _S,UABIN-G
A. All J l"ff matcrials and investigative records. including any Memorandum of'
Understanding. originate with. belong to. and w'ill be maintained by the IjBI. All
investigative reports will be prepared by JT'I'F personnel solely on FBI tbrms. All
information generated by the IjBI or the Jl"l'F will be controlled solely by the Ijtll
and may not be removed from FIll space without the approval of the JT'I'[;
Supervisor. Dissemination. access or other use of J'I'TF records will be in
accordance rvith Federal larv. Executive Orders, and Department of Justice and Ftsl
regulations and policy. including the dissemination and inlbrmation sharing
provisions olthe FBI Intelligence Policy Manual. As FBI records, they may be
disclosed only r,vith FBI permission and only in conformance with the provisions of
f'ederal law's and regulations. including the F'reedom of lnformation Act. 5 LI.S.Cl.
Section 552, and the Privacy Act of 1974. 5 U.S.C. Section 552a, as w.ell as
applicable civil and criminal discovery privileges. This policy includes any
disclosure of F'BI information. including J'l"l'F materials and investigati,,'e records.
to emplovees and oflicials of a Participating Agency who uc not members of a
J'l-l'F. which must be approved by the J1'-l-F supervisor. All electronic records and
infi:rmarion, including. but not limited to. systems. databases and media, are also
reguiated by I;BI policy. J'l"l'F members may request approval to disseminate IrBI
information tiom the J1'1'F Supen'isor.
Lach Participating Agency agrees to hal'e its Detailees t<l the J'I'J'F execute an
l'D-868, or a similar form approved by the FB[ 'l'his action obligates the f)etailce.
rvho is accepting a position of special trust in being granted access to classilied and
i:therwise sensitir,e infbrmation as part of the J'l'"fF. to be bound b.v- prepublicarion
revierv to protect against the unauthorized disclosure of such information.
I'he participation of other federal. state. local, and tribal partners on the J'l"l'F is
critical to the long-term success of the endeavor. Articulating thc level of effort tbr
these partnerships is a key measure of the J'I'TF-s perfbrmance. Accordingly. all
task tbrce members will be required to record their rvorkload in the 'l'ime l..itilization
Recordkeeping ('ftjRK) system used by the f BI.
X.COORDINA I'ION
A. 'I'he Participating Agency agrees to not knowingly act unilaterall,v.. on any matter
affbcting the J'I"l'F w'ithout flrst coordinating rvith the FBL 'l'he peulies agrec that
matters dcsignated to be handlcd by the JT IF shall not know'ingly bc subject to
non-J'f'l'I or non-FBI intelligence. law enlbrcement, or operationai efforts by the
Participating Agency. Intelligence. law cnforcemcnt, and operational actions w'ill
be coordinated and cooperatively carried out within the J'l'I'Fs.
9
FOR OFTICIAL USE OI{LY
This document is the properfy- of the FBI and is losned trr your agency.
Neither it nor its contents may be released without euthorization by FBI Headquarters.
u.
C.
314
XI.
FOR OT FICIAL USE ONLY
ll. J'l"l'F criminal investigativc procedures rvill conform to the requirements for lbderal
prosecution. It is expected that the appropriate United States Anorney. in
consultalion with the Ftsl and aff'ected JT'I'F pzulners. w'ill determine on a
ca.se-by-case basis whether the prosecution of cases will be at the federal or state
level. based upon which would better advance the interests ofjustice.
I-UNDING
'l'his MOLi is not an obligation or commitrnent of funds, nor a basis for uansfer of funds. Even
where one partv has agreed (or later does agree) to assume a particulu financial responsibility.
written agreement must be obtained before incurring an expense cxpected to be assumed by
another party. All obligations of and expenditures by the parties are subject to their respective
budgctary and fiscal processes and availability of f'unds pursuant to all laws, regulations. and
policies applicable thereto. 'l'hc parties acknowledge that there is no intimation, promise, or
guarantee that lunds will be available in future years. Ihe FBI and the Participating Agcncy ma,v-
enter into a separate agreement to reimburse the Participating Agency for approved overtime
expenses.
XII. I tlAVhL
AII J'l"l'F-related travel of non-Flll personnel requires thc approval of the appropriatc J'l"l'f
Supervisor and Participating Agency authorization prior to travcl. In order to avoid delay in
operational travei. the Participating Agencv will provide general travel authoritl' to all of its
participating employecs for the duration of the employee=s membership in the J'l"f'lis. For
domestic travel. each agency' member rvill be responsible for appropriate notifications within his or
her own agenc)'. as rvell as standard FBtr travel approvals and notification. 'l'he FBI will obtain
l;BI[{Q authorization and country clearances for all J]"I'F members who are required to travel
outside the tinited States. As noted above. the appropriate security clearance must be obtained
prior to an,v* international travel. I'he FIll rlill pa1'costs for travcl of all members of the J'l"l'Fs k:
conduct invcstigations outside of the J'l"l"F=s assigned territory.
xrr. YljrlilL,li|5 AN-D EuulpMEN'r
A. In furtherance of this MOU, employ'ees of the Participating Agency may be
permitted to drive FLll owned or leased vehicles for surveillance, case management
zu:d investigation in connection with any Jl"l'F investigation. I;BI vehicles must
onl1 be used fbr official J'I"I'F business and only in accordance with applicable F lll
rules and regulations.
l0
FOR OFUCIAL USE ONLY
This document is the propert-v of the t'BI and is loaned to your agency.
Neither it nor its contents ma-v- be released without authorization by FBI Headquarters.
315
cl.
IOR OFFICIAL L.SE ONLY
Inon-l''ederul entitie^s onl1,l An.v civil liability arising fiom the use of'an FBI owned
or leascd vehicle by a Participating Agency task tbrce member while engaged in any
conduct other than his or her official duties and assignments under this N,lotl shall
not be the responsibiiity of the FBI or the lJnitcd States. 'l'o the extenr permitteci hy
applicablc lau. the Participating Agency will hold harmless the FUt and thc Llnited
States for any claim for property damage or personal injury arising from an.v- use of
an FBI orvned or leased vehicle by a Participating Agency J'l"t'F member which is
outside of the scope of his or her official duties and assignments under this MO{"J.
For ofllcial inventory purposes, all JTTF equipment including badges, credentials
and other fbrrns of J'l"l'F identification subject to FBI property inventory
requirements will be produced by each J'frF member upon request. At the
completion of the member=s assignment on the J I"l t, or upon withdraw'al or
termination of the Participating Agency from the J]-rF. all equipment will be
returned to the supply'ing agenc.v.
xtv. FoRtrEl.t,irRji
'l'he l'tll shall he rcsponsible forthe processing of assets seized for f'ederal forf'eiture in
conjunction uith J'l"l'F operations, as provided by these rules and regulations. Assct fort'eitures
rvill be cclnducted in accordancc with federal law and the rules and regulations set forth hy the I"J.S.
Department of Justice and the F lll. Forf'eitures attributable to JT.l'lj investigations may be
distributed among the I'}articipating Agcncies in J'l"l'F-related operations at the discretion of the
I.BI.
XV. IILTMAN SOURCI:S
A. All human sources dereloped through the J'l"l'F will be handled in accordance
with the Attorne)' (ieneral=s and the F'BI'. s guidelines. policies and procedures.
Ll.
B.All humzrn sources developed during the course of any JT'I'I. investigation shall bc
operated with ali appropriate FBI suitability paperwork completed prior to use.
All source debrietings or lrritten products of information obtained from any human
source will use Iilll document format and handling procedures.
'l'he FBI. as permitted b."- federai iaw, agrees to pay rcasonable and necessarv
human source expenses incurred by the J'I'I'F. Allexpenses must be approved by
the I;Bl before they' are incuned. No payments may be made to J'l'fF human
sources without prior Ftsl approval.
C.
ll
}.OR OTFICIAL USE ONLY
This documcnt is the property of the FBI and is loaned to your agency.
Neither it nor its contents ma;.- be released without authorization by FBI Headquarters.
316
FOR OTFICIAL USE ONLY
XVI. !ILDIC]AI.
A. All Participating Agencies will ensure that detailed J-l-'l'F members are me<iicall.v
qualified according to their agencies' standards to perform larv enforcement duties. functions and
responsibilitics.
U. 'l'o ensure protection for purposes of the Federal Employees' Compensation Act
(till(lA), J'l"l'f members should be detailed to the FBI consistent with the provisions of'the
Intugovernmental Personnel Act (lPA). 5 U.S.C. ' 3374(d). This Act stipulates that "[al State
or local government employee who is given an appointrnent in a Federal agency for the period o{'
the assignment or rvho is on detail to a Fcderal agency and who sufl'ers disability or dies as a result
of personal injurl sustained while in the perfornance of his duty during the assignment shall be
treated . . . as though he rvere an employee as defined by section 8101 of this title who has
sustained the injury in the perforrnance of dutl'." Other provisions of federal lau, may extcnd
t'ECA benefits in more limited circumstances. I'he Department of Labor's Office ol Workers'
Ctlmpensation Programs is charged with making FECIA coveragc determinations and is available
to provide guideu:rce conceming specific circumstances.
xvrr. ll{AlNrNG
AllJl'T"lj memhers are required to attend FBI legal training in compliance rvith FBI regulations and
any other training deemed necessar)' by the FBI chain of command. 'Ihe F BI is responsible fbr the
costs of such training. The Participating Agency will bcar the costs of any training requiretl of its
t:wn employecs detailed to the J'l"l'F.
xvrrr. DE-A-DL\- FORCH AND SHOOTTNG INCtDENl'POLICIES
Nlembers of the J'l"l'f will follow their oun ogeocv=s policy concerning use of dearily fbrce.
12
FOR OFFICIAL USE ONLY
This document is the propertv of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by I'BI lleadquarters.
317
FOR OTFICIAI. USE ONLY
XIX. Dljl']AR'l ivlirN I Or DHIENSU COMP_QN-EN'I"S
'l'he Posse Clomitatus r\ct. l8 Lr.S.C. ' 1385, prohibits the Army and Air Force (Departmenl of
[)etcnse regulaticlns now restrict the activities of all branches or components of the Armed Sen,ices
under this Act) fiom being used as a posse comitatus or otherwise to executc the laws entrusted to
civilian law enlbrcement authorities. The restrictions of the Act do not apply to civilian employees
of the Department of l)efense rvho are not acting under the direct command and control ol'a
military otlicer. Other statutory provisions specifically authclrize certain indirect ancl direct
assistance and pa(icipation by the military in specified law enforcement functions anrl activities.
All l)epartment of Defense components (except strictly civilian components not acting under direct
command and controlof a militar-l olficer)w.ho enter into this agreement. shall cornply with all
Department of Dettnse regulations and statutory authorities (describing restrictions. aurhorizations
and conditions in support of lar,l' enforcement) including but not limited to Departrnent of f)efense
I)irectives5525.5.and3025.15.Chapter18ofTitle l0oftheUnitedStatesClodedealingwith
military support ibr civilian lal,l enforcement agencies and an,v other or subsequent rules,
regulations. and laws that may address this topic or that may amend, or modi{,v any of the above
provisions. 'l'his MOLj shall not be construed to authorize any additional or greater authority (than
already described) fbr Department of Defense components to act in the support of larv enforcemcnt
activities.
xx. MrolA
All media releascs rvill be mutuall-u- agreed upon and jointly handled by the member Participating
Agencies of the appropriate J'l'I'F. Press releases will conform to DOJ Guidelines regarding press
releascs. No press release will be issued without prior FBI approval.
xxr. L{AItrLt-r_Y
-l'he Panicipating Agency acknowledges that financial and civil liability. if any and in accordance
with applicable law. for the acts and omissions of each employee detailed to the J'l"l'F remains
vcsted with his or her employing agency. However. the Department of Justice (DOJ) may, in its
discretion. determine on a case-bv-case basis that an individual should be afforded legal
representation. legal det'ense. or indemnification of a civiljudgment. pursuant to federal law and
DOJ policy' and regulations.
A. COMMON LAW' |OR]'CLAIN,IS
l. Congress has provided that the exclusil,e remedy for the negligent or
rvrongful act or omission of an employee of the U.S. Govemment, acting
within the scope of his or her employment, shall be an action against the
{ jnitcd States under the F'I'CA. 28 U.S.C. , 1346(b), and ' 26Tt - 2680.
l3
FOR OTFICIAL USf, ONLY
This document is the properf.v- of the FBI and is loaned to y.our agency.
l{either it nor its contents may be released without authorization by FBI Headquarterc.
318
).
r()R 0I'FICIAL LrSE ONLY
Notuithstanding the provisions contained in Article XIll of this Mol.,;. fbr
the limited purpose of defending civil claims arising out of J'l"l'F activity. a
state, local. or tribal law enforcement officer who has been f'ederally
deputized and who is acting within the course and scope of his or hcr
offrcial duties and assignments pursuant to this Mou may be considered an
Aemplol'ee@ of the U.S. government, as def-rned at 28 Lj.S.C. , 2671. Sce 5
ti.S.C. ' 3374(c)(2).
Under the lederal Employee Liabiliry Refbrm and rort compensation Act
of 1998 (commonly kno*r: as the Westfall Act). 28 U.S.C. ' 2679(bX I ), if
en emplol'ee of the united States is named as a defendant in a civil action.
the Annmcy- General or his or her designee ma)'certif,v that the def'endant
acted r.vithin the scope of his or her employment at the tirne r:rf the incident
giving risc to the suit. 28 [J.S.C. ' 2679(d)(2). 'l"he United States can rhen
he suhstituted for the emplo,v-ee as the sole defendant with respect to any tort
claims alleged in the action. 28 U.S.C. , ?679(d)(2). If the tinited Statcs
is suhstituted as defendant. the individual employee is thereby protected
liom suit on any tort claim arising out of the incident.
If the Attorncy Ceneraldeclines to certifu that am employee was acting
within the scope of employrnent, Athe employee may at any time before trial
petition the court to find and certify that the employee was acting within the
scope of his ollice or emplo."-ment.G 28 U.S.C. , 2679(d)(3).
t.iability for an,n- negligent or rvillt'ul acts of J"["['F members undertakcn
outside the terms of this MO[,r will be the sole rcsponsibilitv of the
respective employee and agency involved.
B.c- 0 N s r_u-rirrg-N AL c LArM s
l.Liabilitl' for violations of federal constitutional la,*. may rest with the
individual federal agent or officer pursuant to BiVgns v. Slx,Unknown
N4r1eq Aggsls ol&e L"pdq_ral Buqau p,f1\arpp-t1sp, 403 {.J.S. 388 (1971) or
pursuant to 4l U.S.C. ' 1983 for state of'ficers.
f'ederal. state. local, and tribal officers enjoy qualified immunity from suit
lor constitutional torts. ,linsofar as their conduct does not violate clearly
established starutory or constitutional rights of which a reasonable person
w'ould have knoun.G HarJow-u !-rggerald,457 tJ.S. 800 (1982).
l4
FOR OTFICIAL USE ONLY
This document is the proper$- of the FBI and is loaned to your agency.
Neither it nor its contents may be released without authorization by FBI Heade;uarters.
1
4.
2
319
FOR OTFICIAL USE ONLY
i. lf a Participating Agency J'l"l'F officer is named as a def'endant in his or her
indir,'idual capacity in a civil action alleging constitutional damages as a
resuit of conduct taken w'ithin the course of the J'I'T'F. the officer mav
request represenration by DOJ. 28 C.I.'.R. , ' 50.15. 50.16.
4. An emplo3,ee may be provided representation Awhen the actions li:r which
representation is requested reasonabl;- appears to have been performed
rvithin the scope of the employee=s employment. and the Attorney (ieneral.
or his or her designee, determines that providing representation would
othenvise be in the interest of the United States.@ 28 C.f;.R. ' 50.15(a).
5. A J'l'I'f member'.s written request for representation should be directed to
the Attorney General and provided to the Clhief Division Clounsel (CDCI) of
the FBI division coordinating the JI"I'F. The CDC will forward thc
representation request to the F BI *s Office of the General Counscl (OGC).
together with a letterhead memorandum concerning the factual basis of the
lawsuit. FBI -- s OGC will then forw'ard the request to the Civil Division of
DOJ. together with an agency recommendation concerning scope of
emplo-vment and DOJ representation. 28 C.F.R. , 50.15(aX3).
6. If a J'l''l'F member is found to be liable fbr a constitutional tort. he or shc may'
request indemnification from DOJ to satisty' an adverse judgement rendered
against the employee in his or her individual capacity. 28 C.l,.R.
' 50.15(cX4). 'l'he criteria for payment are substantially simileu to those
used to determine whether a fedsral employee is entitled to DOJ
reprcsentation under 28 Cl.t.R.' 50.15(a).
7. Determinations concerning legal representation and indemnification by the
[-inited States are discretionary and are made by DOJ on a case-by-case
basis. 'Ihe FBI cannot guarantee that the Unitcd States will provide legal
representation. legal defensc. or indemnification to any federal or state
emplol"ee detailed to the JTI-F, and nothing in this Article shall be dcemed tt:
create an1'legalright on the part of any J'I'I'F personnel.
(1. ITXPRLSS, RESERVA"|IONS
1. Nothing in this Article shall be deemed to create an employment relationship
betueen the FBI or the United States and any Participating Agency J'l"l'l;
member other than for exclusive purposes of the I."|CA. as outlined heroin.
l5
rOR OFTIChL USE ONLY
This document is the property of the FBI and is loaned to your agency'.
Neither it nor its contents may be released without authorization by ['BI Headquarters.
320
FOR OTTICIAL tSE ONLY
2. I'he participating agencies do not waive any available delcnses andior
limitations on liability. No Participating Agency shall bc considercd to be
an agent of any other Participating Agency.
xxrr. t)-uRal-roN
I'he term of the MoU shall be an indefinite period. -l'he MoU may bc terminated at
rvill by any party. provided rwitten notice is provided to the other perties of not iess
thaur sixty (60) days. LJpon termination of the MOt,l. all equipment will be retumed
to the supplying agency(ies). It is understood that the termination of this agreement
b) an,r- one of the Participating Agencies will have no effect on the agreement
between the FBI zurd all other participating agencies.
Notr,l'ithstanding this provision. the provisions of Paragraph IX. enritled
RECORDS, REPORTS AND INFORMATION SHARING. and Paragraph XXt,
entitled l.IABILIl'Y. will continue untilail potential liabilities have lapsed.
Similarly, the inherent disclaimer limitation contained in the LXPRESS
RHSITRVAI'ION provision w'ill survive any termination.
XXIII, AMIJNDMTJN'I S
I'his agrecment in no manner affects amy existing MOUs or agreements rvith the F BI or any other
agcnc)'. 'l'his agreement may'be arnended only by mutual u'ritten consent of the parties. 'l'he
modifications shall have no fbrce ard effect unless such modifications are reduced to writing and
signed by an autl2crr7&)epresentative of the FBI and the Perticipating Agency.]
SI(JNA'I-()RII1
Date:
SAC - FI]I
I6
FOR OFFICIAL USE ONLY
This document is the propert-v of the f'Bl and is loaned to your sgenc).
Neither it nor ils contents may be released without authorization by t'BI Headquarters.
A.
ti.
321
COST REIMBURSEMENT AGREEMENT
BIlTWEEN
THE T EDERAL BUREAU OF INVESTIGATION (TBI)
ANI)
MIAMI BEACH POLTCE DEPAR'TMENT
]'ASK FORC]B TILE #41s-MM-C48640
l)ursuant to Congressional appropriations, the FBI receives authority to pay overtime for police
ollicers assigned to the fbrmalized South Florida JTTF as set forth below fbr expenses necessary-
fbr detection. investigation. and prosecution of crimes against the United States. It is hereby
agreed betw'een the FBI and Miami lleach Police Department located at 1100 Washington
Avenue Miami Beach. I-L 33139. -l'axpayer ldentification Number
305-673-7925 .
Phone Number
l. Commencing upon execution of this agreement, the FIll wiil. subject to availability of
required tunding, reimburse the agency tbr overtime paymcnts made to officers assignecl full-
timc to the task force.
7. Rcquests for reimbursement will be made on a mnnthly basis and should be fbrwarded to
the FBI tield ollice as soon as practical after the first of thc month w'hich follows the month fbr
*'hich rcimbursement is requested. Such requests should be tbrw'arded by a Supervisor of the
agenc)' to the lrBI 'fask Force Squad Supervisor and Special Agent in Charge fur thcir review.
approval. and proccssing for payment.
3. Overtime rcimbursements rvili be made directly'to the agency by the Ftsl. All overtime
reimbursement payments are made by electronic fund transfer Gf D. An ACH Vendor/
Miscellaneous Payment Flnrollment Form must be on file rvith the FBI to facilitate tjFl'.
4. Overtime reimbursements will be calculated at the usual rate for which the individual
o{tccr's time would be compensated in the absence of this agreement. IIowever, said
reimbursement, per officer. shall not exceed monthly and/or annual limits established annually by
the HBI. 'l'he limits. calculated using Federal pay' tables, w'ill be in effect for the l;ederal fiscal
y-ear running fiom October I'1of one -vear thn:ugh September 3Oth of the following year, unless
changed during the period. 'fhe FBI resen'es the right to change the reimhursement limits.
uprvard or downw'iud. for subsequent periods based on fiscal priorities and appropriations limits.'l'he Ftll will notiiy the agency of the applicable annual limits prior to October I't of each year.
5. 'l'he number of agency officers a-ssigned full-time to the task force and entitled to
overtirne reimhursement by the FBI shall be approved by the FBI in advance of each fiscal year.
l]ased on the needs of the task fbrce, this number may change periodically, upward or downward.
as approved in advance by'the FBI.
(X'('() ('R.4 template 5,23.'01
322
6. Prior to submission of an1'overtime reimbursement requests. the agenc,"- must prepare an
oflcial document setting fbrth the identity of each officer assigned full-time to the task fbrce,
along with the rcgular and overtime hourll'rates fbr each officer. Should any officers change
during the -v-'ear. a similar statement must be prepared regarding the new officers prior to
submitting arny overtime reimburscment requests for the officers. 'l'he document should be sent
to the field offrce fbr FBI review and approval.
7. Irach request fbr reimbursement will include the name. rank, ID number, overtime
compensation rate. number of reimbursable hours claimed. and the dates of those hours fbr each
otlicer {br whom reimbursement is sought. 'l'he request must be accompanied by a certiticati<ln.
signed by an appropriate Supervisor ofthe agency. that the request has been personally
reviewed, the inlbrmation dcscribed in this paragraph is accurate. and the personnel fbr whom
reimbursement is claimed were assigned full-time to the task force.
8. [:ach request for reimbursement will include an invoice number, invoice date, taxpayer
identiiication number ('llN), and the correct banking information to completc the electronic fund
fransfer. 'l'he necessar) baurking inibrmation is the Depositor Account-I'itle. Bank Account
Number. Routing Number" and'l'ype of Account (either checking, savings. or lockbox). If the
banking intbrmation changes. a new ACII Vendor/Miscellaneous Payment Enrollment l:orm
must be submitted to the FBI.
9. Rcquests ibr reimbursement must be received by the F BI no later than Deccmber 3 l " of'
the next fiscal ycar fbr which the reimbursement applies. For example, reimbursemcnts fbr the
fiscal y'eer ending September 30. 2005 must be received by the FBI by' December 31. 2005. 'l-he
IiBI is not obligated to reimburse any requests received after that time.
10. 'l'his agreement is effective upon signature of the parties ard will remain in effect for the
duration of the agency''s participation in the task force. contingent upon approval ol'necessarv
funding- and unless terminated in accordance with the provisions herein. fhis agreement may be
modifred at any time by'written consent of the parties. It may be terminated at any timc upon
mutual consent of the parties. or unilaterally upon written notice from the terminating party to the
other party at least 30 days prior to the termination date.
FOR TTIE AGENCY:FOR THE FBI:
f)ate Special Agcnt in Charge I)ate
Contracting Officer
FBI Headquarters
O('('O ('R.{ template 5 l3'01
Date
323
THIS PAGE INTENTIONALLY LEFT BLANK
324
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Beach, Florida authorizing the Mayor and City
Clerk to execute a Mutual Aid Agreement with Miami-Dade County, Florida, Miami Dade School Board for
the purpose of coordinating law enforcement planning, operations, and mutual aid benefit between the City
of Miami Beach and Miami Dade-County Schools.
lntended Outcome S
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): Safety was ranked No. 1 by residents a as
rne of the changes that will make Miami Beach a better place; safety across the City was one of the
nost important areas affecting the quality of life; and 78o/o of residents rated quality of services
rrovided bv Citv Police as excellent or qood.
lssue:
Should the Administration adopt the Resolution?
Item Su mmary/Recom mendation :
The Administration recommends the adoption of this resolution that will allow for the sharing of law
enforcement resources and the rendering of assistance both during routine and intensive law enforcement
situations. The City of Miami Beach and Miami Dade County, Florida, because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and man-made
conditions which are or are likely to be beyond the control of personnel, equipment or facilities of the Miami
Beach Police Department or the Miami-Dade County Schools Police Department believe that it is beneficial
for each to participate in a Mutual Aid Agreement as authorized by Chapter 23, Florida Statutes.
Recommendation:
Financial lnformation:
Source of
Funds:
Arnount Account
1
2
3
OBPI Totat
Financial lmpact Summary:
islative Tracki
si -Offsn
Department Direetor Assl*tant Gity Manager $!ty Manager
Chief Daniel J. Oates fSp \A
AGE tA,,a C7PMIAMISEACHo$rc ?-/2'ry325
AAIAAAI BHACH
City of Miomi Beoch, l70O Convenlion Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of e City
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXEGUTE A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANCE MUTUAL AID AGREEMENT WITH THE SCHOOL BOARD OF
MIAMI-DADE COU NTY, FLORIDA.
ADMINISTRATION REGOMMEN DATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and Miami Dade County, Florida because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
man-made conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Miami Dade Schools Police
Department believe that it is beneficial for each to participate in a Mutual Aid Agreement as
authorized by Chapter 23, Florida Statues.
The Mutual Aid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1,2020.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement
resources.
w
JLM:DJO:LH:tr
326
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID
AGREEMENT WITH THE SCHOOL BOARD OF MIAMI.DADE
GOUNry, FLORIDA, ON BEHALF OF THE MIAM!.DADE SCHOOLS
POLICE DEPARTMENT, FOR THE PURPOSE OF COORDINATING
LAW ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID
BENEFIT BETWEEN THE CITY OF MIAM! BEACH AND THE SGHOOL
BOARD OF MIAMI.DADE COUNTY, FLORIDA.
WHEREAS, it is the responsibility of the City of Miami Beach and the School Board of
Miami-Dade County, Florida, by and through Miami-Dade Schools Police Department, to ensure
the public safety of their citizens, students and faculty, by providing adequate levels of police
services to address any foreseeable joint operation or emergency situation; and
WHEREAS, the existence of, and continuing possibility that there may be the
occurrence of law enforcement problems, and other natural and man-made conditions which
are, or are likely to be, beyond the control of services, personnel, equipment, or facilities of the
City of Miami Beach Police Department and the Miami-Dade Schools Police Department; and
WHEREAS, it is necessary to ensure that these law enforcement agencies will have
adequate resources to address these potential dangerous conditions, to protect the public
peace and safety, and to preserve the lives and property of the people of the City of Miami
Beach, and the students and faculty of the School Board of Miami-Dade County, Florida; and
WHEREAS, the City of Miami Beach and Miami-Dade County Public Schools, by and
through Miami-Dade Schools Police Department, have the authority under Chapter 23 of the
Florida Statutes, known as the "Florida Mutual Aid Act," to enter into the a Voluntary
Cooperation and Operational Assistance Mutual Aid Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Glry OF MIAMI BEACH, FLORIDA, that the City Manager and City
Clerk to execute a Voluntary Cooperation and Operational Assistance Mutual Aid Agreement
with the School Board of Miami-Dade County, Florida, on behalf of the Miami-Dade Schools
Police Department, for the purpose of coordinating law enforcement planning, operations, and
mutual aid benefit between the City of Miami Beach and the School Board of Miami-Dade
County, Florida.
PASSED and ADOPTED this '-...-day of
ATTEST:
2014.
MAYOR PHILIP LEVINE
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
RAFAEL E. GRANADO, CITY CLERK
Cn,; sl'tlr+
327
THIS PAGE INTENTIONALLY LEFT BLANK
328
COMMISSION ITFM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Approving, Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sote Source
Purchase Of Taser X-2 Conducted Electrical Weapons (CEWs), And All Department-lssued
Accessories (Extended Warranties, Battery Packs, Holsters, Cartridges, Etc.), From Taser
lnternational, lnc,, The Manufacturer And Sole Distributor For Taser Brand Products.
lntended Outcome Su
Maintain crime rates at or below nationaltrends.
Item Summarv/Recommendation :
The Police Department has been using non-lethal weapons known as conducted electronic
weapons (CEW) manufactured by Taser lnternational, lnc. ("Tase/') since 2003. While there are
other CEWs on the market, the Taser brand is the standard among law enforcement agencies,
including the City's Police Department. ln December 12, 2012, the City Commission approved,
pursuant to Resolution No. 2012-28081, DGG Taser, lnc., as the sole source distributor in the
State of Florida for Taser products and accessories. However, Taser has advised the City that
DGG Taser, lnc., is no longer the distributor of their CEW and associated accessories. ln
addition to manufacturing the CEWs, Taser has made the decision to also distribute the uniis.
Therefore, the purpose of this request is to authorize the Police Department to continue
purchasing Taser brand CEWs and accessories, in accordance with the manufacturer's current
distribution requirements (or as amended in the future), as a sole source purchase pursuant to
Code Section 2-367(d). ln its due diligence process, the Procurement Department publically
released an lntent to Award Pursuant to Sole Source Exemption (lTS) requesting that, should
any firm believe it can meet the requirements of this procurement, they should provide written
notification to the contracting officer for consideration. No responses to the ITS were received.
Therefore, the Administration recommends that the Mayor and City Commission adopt the
attached resolution, authorizing a sole source procurement, pursuant to Section 2-367 (d) of the
Miami Beach City Code, in accordance with Taser's distribution policy for the purchase of
conducted electrical weapons (CEWs) and accessories (extended warranties, battery packs,
holsters, cartridges, etc. ).
RECOMIIIIENDATION
the resolution.
Advisorv Board Recommendation:
I NiAL"-_-,,,.____._-
Financial lnformation:
Funds: i 1 i$28,86820
01 1-1 130-000343
Financial lmpact Summary: Current FY expenditures are estimated atthe approved budgeted
amount of $30,015.40. FuttlgLuJg[9S99Wilt 99, ua-qeQ 9n-aPP-tgy-e0*Qtl9g9te--o,al1tgttrlts.
CiW Clark's Office L_gglqlative Tr_aqk!ng:_,r,
I Alex Denis, ext. 7490
leclrical Weapons -
t,Ir)l 21 1Ja7'2O
oBCt r--' f TotarT$3op1 5..40
i 01 1-1 130-0003261_
i 011-1130-000343l_
I
Ii --
l
AGENDA ne* C7 Q,MIAMIBEACH
Conducted
r,ATE E-10'4L
329
lfi i illvi i $:3 fi:&{- h*
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,I39. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
of
SUBJECT: A RESOLUTION OF THE MAYICR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2.
367(D) OF THE MIAM! BEACH ClrY CODE, THE SOLE SOURCE
PURCHASE OF TASER X.2 CONDUCTED ELEGTRICAL WEAPONS
(cEW), AND ALL DEPARTMENT-ISSUED ACGESSORIES (EXTENDED
WARRANTIES, BATTERY PAGKS, HOLSTERS, CARTRIDGES, ETC.),
FROM TASER INTERNATIONAL INC., THE SOLE MANUFACTURER AND
DISTRIBUTOR OF TASER BRAND PRODUCTS.
ADMIN ISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTGOME
Maintain crime rates at or below national trends.
FUNDING
Account Codes:
01 1-1 130-000326, Amount $28,868.20
01 1-1 130-000343, Amount: $ 1,147.20
BACKGROUND
The Police Department has been using non-lethal weapons known as conducted electronic
weapons (CEW) manufactured by Taser lnternational, lnc. ("Taser") since 2003. While there are
other CEWs on the market, the Taser brand is the standard among law enforcement agencies,
including the City's Police Department. ln December 12, 2012, the City Commission approved,
pursuant to Resolution No. 2012-28081, DGG Taser, lnc., as the sole source distributor in the
State of Florida for Taser products and accessories. However, Taser has advised the City that
DGG Taser, lnc., is no longer the distributor of their CEW and associated accessories. ln
addition to manufacturing the CEWs, Taser has made the decision to also distribute the units.
Therefore, the purpose of this request is to authorize the Police Department to continue
purchasing Taser brand CEWs and accessories, in accordance with the manufacturer's current
distribution requirements (or as amended in the future), as a sole source purchase pursuant to
Code Section 2-367(d). ln its due diligence process, the Procurement Department publically
released an lntent to Award Pursuant to Sole Source Exemption (lTS) requesting that, should any
firm believe it can meet the requirements of this procurement, they should provide written
notification to the contracting officer for consideration. No responses to the ITS were received.
330
September 10,2014
Commission Memorandum
Taser Sole Source
Page 2 of 2
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, authorizing a sole source procurement, pursuant to Section 2-367 (d) of the Miami
Beach City Code, in accordance with Taser's distribution policy for the purchase of conducted
electricat weapons (CEWs) and accessories (extended warranties, battery packs, holsters,
cartridges, etc.).
RECOMMENDATION
Adopt the resolution.
JLM/MT/AD/LR
T:\AGENDA\2o14\10Sept\Sole Source - Tasers Conducted Electrical Weapons - Memo.doc
331
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CIry COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO
sEcTroN 2-367 (d) OF THE MtAMt BEACH Ctry CODE, THE SOLE
SOURCE PURCHASE OF TASER BRAND PRODUCTS AND
ACCESSORIES, FROM TASER INTERNATIONAL, INC., THE
MANUFACTURER AND SOLE DISTRIBUTOR OF SAID PRODUCTS AND
ACCESSORIES.
WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase of TASER brand products, consisting of Taser X-2
Conducted Electrical Weapons (CEWs), and all department-issued accessories (extended
warranties, battery packs, holsters, cartridges, etc.), is available from Taser lnternational
lnc., the manufacturer and sole distributor of said products; and
WHEREAS, ln December 12, 2012, the City Commission approved, pursuant to
Resolution No.2012-28081, DGG Taser, lnc., as the sole source distributor in the State of
Florida for Taser products and accessories; and
WHEREAS, Taser lnternational lnc. is the manufacturer of Taser brand products
and accessories and has confirmed that DGG Taser, lnc. is no longer the distributor of their
conducted electronic weapons and associated accessories; and
WHEREAS, the Procurement Director has determined that Taser lnternational lnc.
is the sole source and only authorized distributor for TASER brand products; and
WHEREAS, the Administration has complied with the requirements for sole source
purchases, pursuantto Section 2-367(d) of the Miami Beach City Code.
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 of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase of Taser brand products and accessories
from Taser lnternational, lnc., the manufacturer and sole distributor of said products and
accessories.
PASSED AND ADOPTED THIS DAY OF
ATTEST:
,2014.
Rafael E. Granado, City Clerk
APPROVED AS IO
FiNM & LANGUAGE
EXECUIION
q'3- \u
DoteT: \Agend a\20 1 4\Septem ber 1 O\TasersSoleSo u rce\Reso
Philip Levine, Mayor
City AtiorneY
\-
332
g MIAMIBTACH
Sole Source Procurement Request
Description of Product/Service: Purchase of Taser CEW's and Coliateral Accessories
Estimated amouot of this purchase: $28.868.20 One Time Purchase )t or Recurring I
Due Date: f| Work must be completed by:
(check all
that apply) f] MatsriafEquipmenUsupplies must be delivered by: September 30,2014
fl Service must begin by:
Please provide the following information in order to document the sole source request and prepare the appropriate
recommendation to the City Manager and Mayor and City Commission:
1. The Taser X-2 Conducted Electrical llreapon (CEty) is the indusry standard, kss lethal CEW avuilable lo Law
Enlorcsment It has been the standard issue CEW of the MBPD since 2012.
2, Taser fntunntional in Scottsilale, Az. is the sole manufaeturer of all Taser Brand Producls, including the aforauentioned
X-2, CEIY's and all the collatersl aceessortes ftxtended warranties, battery packs, eurtridges, etc,..), Taser Intcrnational
utilizes is the sole source distributor for att Taser products sold to erry sgeney in the Sute of Florida We e&nrrol ffiilke
thk purcharz thraagh any other distributon
3. The purch*se itself will not obligate as to future purchases through this vendor, however, this vendor will be the Sole
Source for any future parehases in upe oming fi.scal years. Warranqs claius and maiatenance ars handled directly with
the m*nufaeturer via an RMA Proeess.
4" The Brieiwg is set by Taser Internationol and as the sate souree vendor, Taser has extended the same pricing avoilabls to
any other lant enforeemenl agency in the counlry.
5. If this sole source is nat approved, pubtic safety might be adversely offeeted since o*r Poliee Aflicers will not haw Tarser
CEW praducts available to proteel themselves snd the public"
6. TASER International, Inc. (TASER) develops and manulactares advaneed canducted eleetrical weapons (CEWs)
designed fetr use in the law en{orcement, military, eorrections, private seeurig and personul defense markets. The
Company makes CEIYs for *o main gspes of awrket segntents: the low enforeement, military, cawections and
prufussional securig markex, and the eonsumer market lls prodacr$ ,r.re rr replaeeable cartridge codtaining compressed
nitrogen to deploy and propel two small prabes that are attached to the CEW by insalated condttctivc wires with lengths
ranging {rom 15 to 35 feet" The Compony's CEWr transffiit electrical pulses along the wires snd into the body tffeding
the sensory axd motor fuxetions of the peripheral *ervous system. The errsrg) c$a penstrilte up to t qo eumulative inches
of clolhing, ar one btch per probe. The initiat effect losts fwe seconds for its law enforeement, military sud e oneetions
products and up to thirty seconds for i* consumer market models.
I hereby request that a Sole Source be approved for tire procurement of the above statement of work, material, equipment,
commodityo or service.
Department:
Contact Person:
Phone:
Police/Support Services/Range
Sgt. Daniel Morgalo
305 673-7964 or 305 335-5053
{W&rw {&r*,
Date )lrlt
Deparlment Director]
Signature
333
TASER lnternational
Protect Truth
17800 N 85th St.
Scottsdale, Arizona 85255
United States
Phone: (800)978-2737
Fax: 480-991 -0791
Daniel Morgalo
(305) 673-7776
(305) 673-7065
daniel morgalo@miamibeachfl . gov
Bill To:
Miami Beach Police Dept. - FL
1 1OO WASHINGTON AVE.
Miami Beach, FL 33139
US
Ti&#i,ffitt
Quotation
Quote: Q-10987-7
Date: 8/6/2014 10:09 AM
Quote Expiration: 913012014
Ship To:
Daniel Morgalo
Miami Beach Police Dept. - FL
11OO WASHINGTON AVE.
Miami Beach, FL 33139
US
SALESPERSON PHONE EMAIL DELIVERY METHOD PAYMENT METHOD
Andy Wrenn awrenn@)Iaser.com Fedex - Ground Net 30
This quote reflects a discount for the upgrade program, based upon the number of units that you have indicated will be destroyed. The Certificate
of Destruction, provided by TASER, must be completed and submitted with your signed quote/purchase order to obtain the upgrade credit. The
credit is reflected as a line item discount on the quote for both the CEW handle and extended warranty. Please see http://www.taser.com/upgrade
for current program details.
Hardware
QTY ITEM #DESCRIPTION UNIT
PRICE
Total Before
Discount
DISC ($)NET TOTAL
18 22002 HANDLE, BLACK, CLASS III. X2 999.95 usD 17.999.10 usD 900.00 usD 17,099.10
18 22501 HOLSTER, BLACKHAWK, RIGHT, X2,
ZT4HTOIBK.R.B
63.95 usD 1,151.10 USD O.OO usD 1,151.10
18 22010 PPM, BATTERY PACK, STANDARD, X2l
x26P
52.95 usD 953.10 USD O.OO usD 953.10
86 22151 CARTRIDGE, PERFORMANCE, SMART,
25'.
30.75 usD 2.644.50 USD O.OO usD 2,644.50
86 22157 CARTRIDGE, PERFORMANCE, SMART,
TRAINING.25'
29.75 usD 2.558.50 USD O.OO usD 2,558.50
Hardware Total:
Hardware Net Price:
usD 25.306.30
usD 24,406.30
Extended Warranties
QTY ITEM #DESCRIPTION UNIT
PRICE
Total Before
Discount
DISC ($)NET TOTAL
l8 22014 WARRANTY,4 YEAR, X2 308.99 usD 5,561.82 usD 270.00 usD 5,291.82
Extended Warranties Total:
Extended Warranties Net Price:
usD 5,561.82
usD 5.291.82
Page 1 of 3
334
Subtotal
Estimated Shipping Cost
Grand Total
usD 29,6e8.12
usD 317.28
usD 10,0r5.40
Page 2 of 3
335
TASER International, fnc.'s Sales Terms and Conditions
for Direct Sales to End User Purchasers
By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current
Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the altemative, TASER's current Sales Terms and Conditions for Direct Sales to
End User Purchasers for Sales with Financing ifyour purchase involves financing with TASER. Ifyour purchase includes the TASER Assurance Plan (TAP),
then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FlexrM and AXON BodyrM Cameras TASER Assurance Plan (U.S.
Only) and/or Sales Terms and Conditions for theX2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product
purchase. Alt ofthe sales terms and conditions, as well as, the TAP terms and conditions are posted at http://www.taser.com/sales-terms-and-conditions. Ifyour
purchase includes AXON hardware and,/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement
posted at http://www.taser.com/serviceagreementl4. Ifyour purchase includes Professional Services, you are also agreeing to the terms in the Professional
Service Agreement posted at http://www.taser.com/images/support/downloads/downloads/evidence:materials/ProfessionatServices:Agreement.pdL You
represent that you are lawfully able to enter into contracts and ifyou are entering into this agreement for an entity, such as the company, municipality, or
govemment agency you work for, you represent to TASER that you have legal authority to bind that entity. Ifyou do not have this authority, do not sign this
Quote.
Signature:
Name (Print):
PO# (if needed):
Date:
Title:
Please sign and email to Andy Wrenn at awrenn@taser.com or fax to 480-991-0791
THANK YOU FOR YOUR BUSINESS!
'Protect Life' and @ are trademarks of TASER intemational, Inc., and TASER@ is a registered trademark of TASER International, Inc., registered in the U.S
O 2013 TASER Intcmational, Inc. All rights reserued.
Page 3 of 3
336
RESOLUTION NO.2012-28081
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO
sEcTloN 2-367 (d) OF THE MIAMI BEACH CITY CODE, THE SOLE
SOURCE PURCHASE OF TASER X.2 ELECTRONIC CONTROL
DEVTCES (ECD), AND ALL DEPARTMENT-ISSUED ACCESSORIES
(EXTENDED WARRANTIES, BATTERY PACKS, HOLSTERS,
CARTRIDGES, ETG.) FROM DGG TASER, !NC., THE SOLE SOURCE
DISTRIBUTOR IN THE STATE OF FLORIDA.
WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase of TASER brand products, consisting of Taser X-2
Electronic Control Devices, and all department-issued accessories (extended warranties,
battery packs, holsters, cartridges, etc.), is available from DGG Taser lnc., the sole
authorized State of Florida distributor; and
WHEREAS, the Procurement Director has determined that DGG Taser lnc., is the
sole source and only authorized distributor for the State of Florida of TASER brand
products; and
WHEREAS, additionally, the Administration has complied with the requirements for
sole source purchases, pursuant to Section 2-367(d)of the Miami Beach City Code.
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 of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase of Taser X-2 Electronic Control Devices,
and all department-issued accessories (extended warranties, battery packs, holsters,
cartridges, etc.), from DGG Taser lnc., the sole authorized State of Florida distributor.
PASSED AND ADoprED rHts l2w oav or)Qtuk/-, 2012.
APPROVEDASft)
FORM & LANGUAGE
& FORD(ECUTION
T:\Agenda\20 1 2\Decem ber 1 2\TasersSoleSource\Reso.
tz- \- \L
4
Date
337
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Miyor And City Commission Of The City Of Miami Beach, Florida Approving
Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Taser X-2
Electronic Controt Devices (ECD), And All Department-lssued Accessories (Extended Warranties, Battery
Packs, Holsters, Cartridges, Etc.), From DGG Taser lnc., The Sole ManufacturerAuthorized Distributor ln
The State Of Florida For Taser Brand Products.
lntended Outcome Su
Item Summarv/Recommendataon :
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.):N/A
@nusingnon-lethalweaponSknownaselectroniccontroldevices(ECDs)
manufactured by Taser lnternational, lnc. since 2003. While there are other ECDs on the market, the
Taser brand is the standard among law enforcement agencies, including the City's Police Department
pursuant to Code section 2-391(a), primarily because it is the only ECD which contains dual lasers and
back-up shot capabilities among other unique safety and functional features. The Police Department has
been using the Taser X-26 ECD since 2003" \n2012, the department began to transition to the new Taser
X-2 ECD, and is set to begin replacing the X-26 ECD with the new X-2 model during Fiscal year 2012-
2013. Taser lnternational, lnc. requires that all Florida agencies purchasing Taser products do so through
DGG Taser, lnc., the sole authorized distributor for the region.
The purpose of this request is to authorize the Police Department to continue purchasing Taser brand
ECDs and accessories, in accordance with the manufacturer's distribution requirements, as a sole source
purchase pursuant to Code Section 2-367(d). ln its due diligence process, the Procurement Division
publically released an lntent to Award Pursuant to Sole Source Exemption (lTS) requesting that should any
firm believe it can meet the requirements of this procurement they should provide written notification to the
contracting officer for consideration. No responses to the ITS were received.
Both the manufacturer and sole distributor have extended to the City the same pricing available to other
law enforcement agencies in the country, including a trade-in program that allows older units to be traded-
in for credit of $160 towards the purchase of a new unit.
APPROVE THE SOLE SOURCE PURCHASE.
Financial I nformation:
Source of
Funds:
Amount Account
1 $33,300 01 1 .1130.000325 Taser ReplacemenVRenewal
2 $ 8,000 01 1 .1130.000342 Taser Repairs
3 $44,000 607.4719.000672 Multiple Cartridge Tasers
oEFI Total $85,300
Financial lmpact Summary: Current FY expenditures are estimated at the approved budgeted
amount of $85.300. Future Ourchases will be based on approved budgeted amounts.
Clerk's Office
Alex Denis, ext. 7490
Si
Dq4grtqent Director Assistant Gity Managgr cityfl anager
AD }q ,/RM _ PDw 4&KcB d6/2_
AGEf.OA ITE'T C7HMIAMIBEACHBhrE D'q-/z
338
E r,etAtu{imffiAil$-$
011.1 130.000325 - $33,300.00 -
011.1130.000342 - $ 8,000.00 -
607.4719.000672 - $44,000.00 -
BACKGROUND
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Cgynmission
FROM: Kathie G. Brooks, lnterim City Manage , ,ruf )
DATE; December 12,2012
SUBJECT: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach,
Florida Approving Pursuant To Section 2-367(d) Of The Miami Beach City Code,
The Sole Source Purchase Of Taser X-2 Electronic Control Devices (ECD), And
All Department-lssued Accessories (Extended Warranties, Battery Packs,
Holsters, Cartridges, Etc.), From DGG Taser lnc., The Sole Manufacturer
Authorized Distributor ln The State Of Florida For Taser Brand Products.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
Maintain crime rates at or below national trends.
FUNDING
Account Codes:
Taser replacemenUrenewal
Taser Repairs
Multiple Cartridge Tasers
The Police Department has been using nonJethal weapons known as electronic control devices
(ECDs) manufactured by Taser lnternational, lnc. since 2003. While there are other ECDs on the
markei, the Taser brand is the standard among law enforcement agencies, including the City's
Police Department pursuant to Code section 2-391(a), primarily because it is the only ECD which
contains dual lasers and back-up shot capabilities among other unique safety and functional
features. The Police Department has been using the Taser X-26 ECD since 2003. ln 2012, the
department began to transition to the new Taser X-2 ECD, and is set to begin replacing the X-26
eiO witfr the nLw X-2 model during Fiscal year 2012-2013. Taser lnternational, lnc. requires that
all Florida agencies purchasing Taser products do so through DGG Taser, lnc., the sole
authorized distributor for the region.
The purpose of this request is to authorize the Police Department to continue purchasing Taser
brand ECDs and accessories, in accordance with the manufacturer's distribution requirements, as
a sole source purchase pursuant to Code Section 2-367(d). ln its due diligence process, the
Procurement Division publically released an lntent to Award Pursuant to Sole Source Exemption
(lTS) requesting that should any firm believe it can meet the requirements of this procurement
ihey should provide written notification to the contracting officer for consideration. No responses
to the ITS were received.
339
December 12,2012
Commission Memorandum
Taser Sole Source
Page 2 ot 2
ANALYSIS
Taser lnternational, lnc., develops and manufactures advanced electronic devices (ECDs)
designed for use in the law enforcement, military, corrections, private security and personal
defense markets. Approximately 90% of law enforcement agencies utilize Taser products, with
16,000 out of the 18,000 law enforcement agencies currently employing Taser as their ECD of
choice.
The company makes ECDs for two main types of market segments: the law enforcement, military,
corrections and professional security markets, and the consumer market. lts products use a
replaceable cartridge containing compressed nitrogen to deploy and propel two small probes that
are attached to the ECD by insulated conductive wires with lengths ranging from 15 to 35 feet.
The Company's ECDs transmit electrical pulses along the wires and into the body affecting the
sensory and motor functions of the peripheral nervous system. The energy can penetrate up to
two cumulative inches of clothing, or one inch per probe. Most importantly, no other ECD
manufacturer produces weapons that have dual lasers and back-up shot capability, which are
integral features for law enforcement.
Taser lnternational, lnc., is the sole manufacturer of all Taser Brand Products, including the
aforementioned X-2 and X-26, Electronic Control Devices and all accessories (extended
warranty, battery pack, holster, cartridges, etc.). DGG Taser lnc., is the authorized Taser
distributor for the State of Florida. Attached, please find Appendix "A" for a copy of the sole
source letter from Taser lnternational.
Taser lnternational, lnc., and DGG Taser, lnc., sets the pricing. Both the manufacture and the
sole distributor have extended the same pricing available to other law enforcement agencies in
the country based on the current trade-in program that allows the Miami Beach Police
Department, and any other agency to trade-in defective X-26 ECD's and receive a trade-in credit
for the new X-2 ECD. Attached, please find Appendix '8" for the Taser Law Enforcement
Pricing.
ln addition, both Miami-Dade County and the City of Miami have designated DGG Taser, lnc., as
the sole source for Taser equipment and accessories.
The manufacturer and sole distributor have extended the trade-in credit of $160, resulting in a
credit of $11,550.
ln its due diligence process, the Purchasing Division publically released an lntent to Award
Pursuant to Sole Source Exemption (lTS), which is a notice that is released to bidders locally and
nationally identifying the details of the items under sole source consideration. The ITS instructs
firms to notify the contracting officer if they believe they can meet the requirements of the
procurement. No responses to the ITS were received.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, authorizing a sole source procurement, pursuant to Section 2-367 (d) of the Miami
Beach City Code, from DGG Taser lnc., the sole authorized distributor in the State of Florida, for
the purchase of fifty-five (55) Taser X-2 Electronic Control Devices, all department-issued
accessories (extended warranties, battery packs, holsters, cartridges, etc.), at an estimated cost
of $85,300.
T :\AG EN DA\201 2\1 2-1 2-1 2\Taser Sol e Sou rce Mem o. doc
340
(f):rAsFn
17800 N. 85th St. * Scottsdale, Arizona - 85255 " 1-480-991-0797 t Fax 1-480-991-079't 'www.taser.com
November 30,2012
SOLE SOURCE LETTER FOR TASER INTERNATIONAL PRODUCTS
This letter is to confirm TASER lnternational is the sole source manufacturer of the following TASER brand products:
o Electronic control devices (ECDs):
1" TASER X2rM Models:22002, and 22003.
2. TASER X3@ Models: 33209, and 3321 0.
3. TASER X26rM Models: 26511,26523,26550, 26512, 26524, 26549.
4. TASER X3wrru Models: 33228, and 33229.
. Optional Extended Warranties for ECDs:
1. X2 ECD - 4-year extended warranty, item number 22014.
2. X26 ECD - 1-year extended warranty, item number 26730.
3. X26 ECD - -year extended warranty, item number 26744.
4. X3 ECD - 1-year extended warranty, item number 33500.
5. X3 ECD - 3-year extended warranty, item number 33501.
6. X3W ECD - 1-year extended warranty, item number 33503
7 . X3W ECD - 2-year extended warranty, item number 33502
r TASER ECD cartridges compatible with the X26, M26rM and ShockwaverM ECDs (required for these ECDs to
function in the probe deployment mode):
1. 1S-foot Model 34200.
2" 21-fool Model44200.
3. 21-foot non-conductive Model 44205.
4. 2S-foot Model44203.5. 3S-foot Model 44206
o TASER Smart cartridges compatible with the X2, X3, and X3W ECDs (required for these ECDs to function in the
probe deployment mode):
1" 1S-foot Model 22150.
2. 25-foot Model 22151.
3. 35-foot Model22152.
4. lnert Simulator 2S-foot Model 22155.
5. 2S-foot non-conductive Model 22157.
. TASER CAMrM recorder, Model 26830 (full video and audio with ability to disable audio).
1. The TASER CAM can be downloaded by USB with the TASER CAM Download Kit, Model 26737.
. TASER CAMrM HD recorder, Model 26810 (full HD video and audio) and TASER CAM HD with AS (automatic
shuLdown feature), Model 26820"
1. TASER CAM HD replacement battery, Model 26764.
2. The TASER CAM HD can be downloaded by USB with the TASER CAM HD Download Kit, Model 26762.
3. TASER CAM HD optional 4-year extended warranty, ltem Number 26763.
" Power Modules for X26 ECD: Digital Power Magazine (DPM) Model 26700; eXtended Digital Power Magazine
(XDPM) model 26701; and Controlled Digital Power Magazine (CDPM), Models 26702 and 26703.
o Power Modules forX2 ECD: Performance Power Magazine (PPM) Model 22010; Tactical Performance Power
Magazine (TPPM) Model22012; and Automatic Shut-Down Power Magazine (APPM) Model 22011.
TASER lnternational, lnc. Sole Source Letter Revised March, 20121 Page 1
341
. Power Module for X3 and X3W ECDs: Enhanced Digital Power Magazine (EPM) Model 33203
. TASER Shockwave ECD, Models 90012, 9001 1, 90013, and 90010. The TASER Shockwave ECD runs off of a
Shockwave Power Magazine (SPM), Model 90007.
. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023
Taser lnternational manufactures Electronic Control Devices that are geared specifically for law enforcement agencies
use. Taser ECDs are not only designed to incapacitate subjects but are also designed to discharge the least amount of
energy to achieve incapacitation. No other ECD manufacturer produces weapons have dual lasers and back-up shot
capability. Additionally Taser lnternational provides a true backend evidence management system that allows agencies to
not only manage their weapon inventory, but also allows agencies to store ECD data and downloads. Taser ECDs also
provide the agency with a trilogy log that displays the energy output after the use of the ECD. Taser leads the industry in
the depth of medical studies and peer review studies that have been done in the entire industry.
Taser ECDs are in the hands of 16,000 out of approximately 18,000 law enforcement agencies.
Smartn, TASER CAMTM, X2il, X3WIM, and X26il are trademarks of TASER lnternational, lnc., and TASER@, and X3@ are registered trademarks of
TASER lnternational, lnc., registered in the U.S. @ 2011 TASER lntemational, lnc. All rights reseryed.
AUTHORIZED TASER DISTRIBUTOR FOR
FLORIDA
SOLE AUTHORIZED REPAIR FACILITY
TASER BRAND PRODUCTS
DGG Taser lnc.
8725 Youngerman Gourt, Suite 305
Jacksonville,FL 32244
866-626-8273 Phone
90+777 -4801 Local Phone
904-777-4802Fax
TASER lnternational, lnc.
17800 N. 85th Street
Scottsdale, AZ85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact us at 1-800-978-2737 with any questions.
Sincerely,
?-*L*o
Jim Halsted
Vice President, LE Sales
TASER lnternational, lnc.
TASER lnternational, lnc. Sole Source Letter Revised March, 2AQ I Page 2
342
DGG Taser & TacticalSupply
8725 Youngerman Ct, Ste 305
Jacksonville . FL,. 32244
\e"d^4 'b'
PH: 866-626-8273
FAX: 904-777-4802
EMAIL: sales@teamdgg.com
(fl.rasEn
22002 Black X2 '* EcD $950.00 ea
22003 Yellow X2'- ECD $950.00 ea
22010 Performance Power Maoazine (PPM)$49.95 ea
22012 Tactical Power Maoazine (TPPM)$49.95 ea
22011 Automatic Shut-Down Power Magazine (APPM)
'Provides audible alerl before automaticallv shuttinq down after s-second cycle
$59.95 ea
22013 X2 Dataport Download Kit 'xz is Nor compatible wDQ6 download kit $'159.95 ea
22500 X2 Rioht Handed Blade-Tech@ Holster $32.95 ea
22503 X2 Left Handed Blade-Tech Holster $32.95 ea
22501 X2 Riqht Handed BlackHawk!@ Holster, Matte Finish $59.95 ea
22504 X2 Left Handed BlackHawk! Holster, Matte Finish $59.95 ea
6520R-STX Xz Riqnt Handed SafarilandrM in anv STX Tactical Finish $61.47 ea
65201-STX X2 Left Handed Safariland in any STX Tactical Finish $61.47 ea
6520R-PLN X2 Riqht Handed Safariland holster in anv Leather Finish $84.11 ea
6520L-PLN X2 Left Handed Safariland holster in anv Leather Finish $84.11 ea
22014 4-Year Extended Warrantv 'Must buv at tme of X2 purchase*s299,99
22150 15 foot Live Smart Cartridqe / Yellow $26.95 ea
22151 25 foot Live Smart Cartridqe / Green $28.95 ea
22152 35 foot Live Smart Cartridqe / Oranqe 'ForswAr use $29.95 ea
22157 25' Trainino Smart Cartridoe (Blue blast door/Non-Conductive)$27.95 ea
22155 lnert Simulator 25' Smart Cartridqe, Blue 'ooes not fire or arc $29.95 ea
26810 TASER CAM HD Recorder $499.95 ea
26820 TASER CAM HD Recorder with Automatic Shut-Down Feature $524.95 ea
26764 TASER CAM HD Replacement Battery $49.95 ea
26763 TASER CAM HD 4-Year Extended Customer Care Warranty $149.95 ea
26762 TASER CAM HD USB Download Kit $14.95 ea
22017 Grip, ECD, HOGUE (Minimum order of 50)$12.95 ea
22018 Grio. ECD, HOGUE. Packaqed $14.95 ea
-1s-foot, 2$foot, and 35-foot )€ cartridges are compatible with TASER@ X2 and X3@ ECDs. X3 cartridges (part numbers 33100, 33101, 33102,
33103, 33104, and 33106) are NOT compatrble with the X2 ECo"
Freight charges apply to all TASER shipments to cover shipping, handling & insurance. DGG Taser & Tactical Supply is SOLE SOURCE for TASER
Prod-ucts in [re staiei of Florida and Georgia. FL inouiries dial ext. 21. GA inouiries dial ext. 30. (Revised 6/1/12, DGG Taser, lnc,)
343
$) P*.F,ry,ry
DGG TASER
8725 Youngerman Ct. Suite 305
Jacksonville,FL 32244
Model Product Description Agency
Price
MSRP /
lndividual
Officer Price
- without holster
26sl 1 X26E Black / Silver grip plates without holster $807.00 ea S907.00 ea
26523 X26E Yellow/ Black grip plates without holster $807.00 ea $907.00 ea
26550 X26E Black / Black grip plates without holster $807.00 ea $907.00 ea
x26E Ktt:
26512 X26E Black / Silver grip plates without holster $812.00 ea $912.00 ea
26s24 )Q6E Yellow / Black grip plates without holster S8'12.00 ea 5912.00 ea
26549 X26E Black / Black grip plates without holster $812.00 ea $912.00 ea
Power
26700 DPM - Digital Power Magazine - 195 s-second firings at room temp $33.95 ea $38-95 ea
26701 XOPM - Extended Digital Power Magazin€ -- 195 s-second firings at room temp $38.95 ea $43.95 ea
Customer Care
26730 One year extended customer care rararranty $94.95 ea $104.95 ea
26744 Four year extended customer care t/vafianty 5189.95 ea $214.95 ea
Controlled Power
26702 CDPM - Controlled Digilal Power Magazine - Adds disconnect / deactivate safety
feature to X26E $51.95 ea $61.95 ea
26703 CDPM Start-Up Kit-lncludes 1 Configure DPM, 1 Deconfigure DPM, 'l CDPM. and
Carry case $1 79.95 ea $204.95 ea
Accessorles
26830 TASER CAM 2rM AudioMdeo Recording for Enhanced Accountability (United States)S411 .95 ea $51 1.95 ea
26737 TASER CAMil USB Download Kit "No costilem"N/C N/C
26500 X26E USB Dataport Download Kit (Windows@ 98se, NT, 2000, XP compatible)$159.95 ea $1681.95 ea
80001 Conductive Metallic Paper Practice Target, two-pa( - FRONT $12.95 ea $14.95 ea
80000 Conductive Metallic Paper Practics Target, two-part - BACK S12.95 ea $14.95 ea
85002 M26il/X26 Maintenance and Cleaning Kit S59.95 ea $69.95 ea
85000 TASER Cartridge w/ alligator clips (Training Use Only)S45.00 ea $55.00 ea
44550 TASER@ Simulation Tralnlng Suit (For scenario-based training exercises)5550.00 ea $600.00 ea
801 00 Custom Laser Engraving 'For M26 and X26 handles (Minimum order quantity of 10)$6.50 ea 57.50 ea
1sft (4.57m) 'Yellow Blast Door / Training Use
21ft (6.am) 'Silver Blast 0oor / Fleld Use
Iidai ,UOEtr 1rw Edd.mlDl Prhlnq rnd Srhr Tams I CondiliontOcprdE.nt Srlrarc$tomarScMctV.Rloni 8,0
Roloito 0!lo: AAnOlz
Page I of3
344
*::#i::nu;'ui're 305 {b 3ftery ry
For optional holsters, apparel or other accessories, please contact TASER lnternational.
'TASER CAMrti with disabled ar.adio recording is inlended for states in which audio recording is prohibited. Check Local Laws.
'15 foot, 21 foot, 25 foot, and 35 fool cafuidges are compatibte with Tp'SER" Modets M26rs and X26 electronic control devices"
nufi X20E!e L.? Enrfi..manlPdcitrg rni SllE T.m.8 Cordilionr
Ooprffi.ni: SJ.dcurlohafSadl<a
Vc6lotr: 6.0
R6lorr. O.lo: 2r8r2012
Model Product Description Agency
Pdce
MSRP /
lndividual
Officer Price
44203 25ft (7.62m) XPrr (Extra Penetralion)'Green Blast Door/ Field Use $24.95 ea $37.95 ea
44206 3sft (10.67m) XP (Extra Penetratlon) 'Non-Reversible / Orange Blast Ooor / Tactical
Field Use $32.95 ea $45.95 ea
4r'.205 21ft (6.4m) Non-Conductive Simulation 'Blue/Blue Blast Door / Training Use $20.97 ea S33.97 ea
Blade-Tech@ Short Hood wlth Thumb Break and Tek-Lok@ Holster - Right hand
Blade-Tech@ Sho( Hood with Thumb Break and Tek-Lok@ Holster - Left hand
BLACKHAWK@ Serpa holster - Right hand
BI-ACKHAWK@ Serpa holster - Left hand
Pagc 2 of 3
345
Quote QTE000000841 3
Dala 11512012
E,
DGG Taser, lnc.
8725 Youngerman Ct # 203
Jacksonville FL 32244
www.dggtaser.com
BillTo:
Miami Beach Police Department
1100 Washington Ave.
MiamiBeach FL 33139
Ship To:
Miami Beach Police Department
1'100 Washington Ave.
Miami Beach FL 33139
Purchase Order No Cuslomei lD Salesoerson lD Shionino Method Pavment Terms RM Shio Date Master No.
x2 TRADE 11115112 MIAMI8EACHO2173 SANDI WHITE LOWEST RATE NET 30 0/0/0000 56.726
Quantitv Model Number Descriotion lJnit Frice Ext. Pric.e
55
55
55
1'10
110
50
5
100
100
35
'ts
10
4
5
50
100
22002
22012
22014'SO
22151
22157
22501
22504
22151
44203
2670',1
26700
22012
22155
220',!3
44205
22157
TASER X2 ECD, Black - MUST BUY EXT WARRANry @ TIME OF PURCHASE
TASER X2 Tactical Performance Power Magazine OPPM)22012
TASER X2 4-Year Extended Wananty 22014 CAN ONLY BE PURCHASED AT TIME
PURCHASE
TASER 25' Live Smart Cartndge for X2X3 22151
TASER 25' Training Smart Cartridge 'for X2lX3 22157
BlackHawk Holster, X2, Right Hand 22501
BlackHawk Holster, X2, Left Hand 22504
Trade Discount of $210.00 is for trading in 55
ECD PerX2 Package. Valid thru 12131/12 ONLY
TASER 25' Live Smart Cartndge lor X2X3 22151
Taser 25' (7.62m) Green Cartridge for M26lX26 44203
TASER XDPM (Extended Digital Power Magazine) Approx 195 s-Second Firings at R
Temperature
TASER DPM (Digital Power Magazine) Approx 195 S-Second Firings at Room Temp
TASER X2 Tactical Performance Power Magazine (TPPM) 22012
TASER X2 lnert Simulator 25' Smart Cartridge 22155
TASER X2 Dataport Download Kit 220'13 / One Size
Taser 21' (7.62m) Blue Catuidge lor M26X26, Non'Conductive
TASER 25' Traini ng S mart Cartridge tor X2tX3 221 57
$9s0.00
$49.95
$299.99
$28.9s
$27.9s
$s9.95
$s9.95
$28.9s
$24.95
$38.9s
$33.95
$49.9s
$29.95
$1s9.95
$20.97
$27.9s
$52,250.00
$2,747.25
$16,499.45
$3,184.s0
$3,074.50
$2,997.50
$299.75
$2,89s.00
$2,495.00
$1,363.2s
$s09.25
$499.50
$1 19.80
$799.75
$1,048.50
$2,795.00
346
(f rrafc QTE000000841 3
Flala 1111512012
Paoe 2
DGG Taser, lnc.
8725 Youngerman Ct #203
Jacksonville FL 32244
BillTo:
Miami Beach Police Department
1100 Washington Ave.
MiamiBeach FL 33139
Ship To:
Miami Beach Police Department
1100 Washington Ave.
MiamiBeach FL 33'139
www.dggtaser.com
Purchase Order No.lir rclamar ll'l Salesoerson lD ShioDino Method Pavment Terms Reo Shio Date Master No.
X2 TRADE 11115112 MIAMIBEACHO2lT3 SANDI WHITE LOWEST RATE NET 30 0i0l0000 s6,726
Quantitu Model Number Descriolion ljnit Price Exi. Price
4
10
10
44550
80001
80000
TASER Simulation Training Suit-New and lmproved ONE SIZE
Conductive metallic paper practice target, two part-FRONT 180001
Conductive metallic paper practice target, two part-BACK / 80000
$s50.00
$12.95
$12.95
$2,200.00
$1 29.s0
$129.50
Thank you for your Businessl
Srrhlnlel $96.037.00
Mi<c $0.00
let $0.00
trraiahl s510.00
Trarla Discarrnl $11.550.00
$84.997.00
347
;g MIAMI BEACH
Sole Source Procuremenl R.equest
Description of Product/Service:
Estimated amount of this purchase: $81000.0Q__One Time Purchase X or Recurring f]
Departrnent:
Contact Person:
Phone:
Police/Suppofi Services
Sgt. Daniel Morgalo
305 673-7964 or305 335-5053
Due Date: fl Work must be completed by:
(check all
that apply) flMaterial/Equipment/Supplies must be delivered by:
fl Service must begin by:
Please provide the following information in order to document the sole source request and prepare the appropriate
recommendation to the City Manager and Mayor and City Commission:
I. The Taser X-26 Electronic Control Device (ECD) is the industry slandard, less than tethal ECD available to Law
Enforcemenl It has been the standord issue ECD of the MBPD since 2003. In 2012 lhe MBPD has begun to lransition
to the new Taset X-2 ECD and is set to begin replacing the X-26 ECD with the new X-2.
2. Taser Inlernational in Scottsdale, A7, is the sole manufoclurer of oll Toser Brand Producls, including the aforementioned
X-2 and X-26, ECD's snd all the collaterul accessories (extended warranlies, battery packs, cartridges, elc...). Taser
International utilizes DGG Taser Inc as the sole source distributoqfor all Taser products sold to any agency in the Stile of
Florida lle cannol make lhis purchase through any other dislribulor.
3. The purchase ilsetf will not obligate us to fulure purchases through this vendor, however, lhis vendor will be the Sole
Source for any future purchoses in upcoming fucal years. Waftanty claims and maintenance is handled directly with the
manufacturer via an RMA Process.
4. The pricing is set by Taser Interuational and DGG Inc. Bolh the manufacturer and the sole soutce vendor have exlended
the same pricing available to any othq law enforcement agency in the country bused on the cuilent trade in program thal
sllows the MBPD and any other ogency to trade in defective X-26 ECD's and receive a trude-in creditfor lhe new X-2
ECD.
5. The manufacturer ond vendor have extended the trade in credit of $210 dollars per unit, which was reduced lo $160
dollars in October of 2012. This trude in credit is set to expire December 31, 2012.
6. If this sole source is not approved, public salety might be affected since our Police Officers will nol have Taser ECD
products available to protect themselves and the public" If the sole source is nol approved by December 31, 2012 and the
purchase initiated, the city will have to pay apptoximotely $I I, 500 more to purchase the same items without the trade-in
credit
7. TASER Internalional, Inc. (TASER) develops and manufactures advanced electronic control devices (ECDI designedfor
use in lhe law enforcement, mililory, corrections, private security and penonal defense markets. The Company makes
ECDs for two main types of market segments: the law enforcement, mililary, coffections and professional security
markets, and lhe consumet markel. Ils products use a replaceable cartridge contoining compressed nitrogen to deploy and
propel two small probes that are attached to the ECD by insulated conductive wires with lengths rangingfrom I5 to 35
feet The Company's ECDs transmit electfical pulses along lhe wires and inlo the body affecting the sensory and motor
functions of the peripheral nervous systenl The energlt can penetrute up to tb'o cumulative inches of clothing, or one inch
-per
prube. The initiil effect lasfsJive secondsfor its iw enforcement, military and corrections products and up to lhirty
secondsfor ils consumer ma*et models.
348
I hereby requestthat a Sole Source bg
Department Di
the'procurement ofthe above statement of work, material, equipment,
,'-
oate rt$o/tL
,i,
'.t,i
'' ',i
.:
349
Title: TASER Sole Souree Letter
Bepafiment: SaledCustomer Seruice
Version: 2.0
ReleaseDate: 1,1'2sf2$t3
(b -r'\sEFl
17800 N. 85th St. * Scoftsdale, Aizona. 85255 - 1-480-991-0797. Fax 1-480-991-0791 * www.taser.com
January 2,2014
SOLE SOURCE LETTER FOR TASER INTERNATIONAL PRODUCTS
This letter is to confirm TASER lnternational is the sole source manufacturer of the following TASER@ brand products:
. Conducted ElectricalWeapons(CEWs):
1. TASER X2rM Models: 22002 and 22003.
2. TASER X3@ Models: 33209 and 33210.
3. TASER X26rM Models: 26511,26523,26550, 26512, 26524,26549.
4. TASERX26PTM Models: 11002 and 11003.
5. TASER X3WrM Models: 33228 and 33229.
. Optional Extended Warranties for CEWs:
1. X2 - 4-year extended warranty, item number 22014.
2. X26 - 1-year extended warranty, item number 26730.
3" X26 - 4-year extended warranty, item number 26744.
4. X26P - 2-year extended warranty, item num ber 1 1 008.
5. X26P - 4-year extended warranty, item number 11004.
6. X3 - 1-year extended warranty, item number 33500.
7. X3 - 3-year extended warranty, item number 33501.
8. X3W - l-year extended warranty, item number 33503.
9. X3W - 2-year extended warranty, item number 33502.
. TASER CEW cartridges (compatible with the X26 and X26P; required for these CEWs to function in the probe
deployment mode):1. 1S-foot Model 34200.2. 21-foot Model44200.
3. 21-tfoot non-conductive Model 44205.
4. 2S-foot Model 44203.
. TASER SmartrM cartridges (compatible with the X2, X3, and X3W; required for these CEWs to function in the
probe deployment mode):
1. 1S-foot Model22150.
2. 2S-foot Model 22'151.3. 3S-foot Model22152.
o TASER Smart blue training-use only cartridges (compatible with the X2, X3, and X3W; required for the CEWs to
function in the probe deployment mode for training):
1. 2S-foot Model33102.
2. 3S-foot Model 33104.
o TASER CAMrM recorder, Model 26830 (full video and audio with ability to disable audio). This accessory can be
downloaded by USB with the TASER CAM Download Kit, Model 26737. This item is only compatible with the
x26.
. TASER CAM HD recorder, Model 268'10 (full HD video and audio) and TASER CAM HD with AS (automatic shut-
down feature), Model 26820. TASER CAM HD is compatible only with the X26P and X2.
TASER lnternational, lnc. $*le S*urce Lelter Revised F*bruary ?0'l3i Page '1
350
Title: TASER Sole Source Letter
Department: SalesJCustomerServlce
Version: 2.S
Helease Date: 1r?SI2*13
1. TASER CAM HD replacement battery, Model 26764.
2. TASER CAM HD Download Kit, Model 26762.
3. TASER CAM HD optional 4-year extended warranty, ltem Number 26763.
. Power Modules for X26 CEW: Digital Power Magazine (DPM) Model 26700; eXtended Digital Power Magazine
(XDPM) Model 26701; and Controlled Digital Power Magazine (CDPM), Models 26702 and 26703.
o Power Modules for X26P and X2 CEWs: Performance Power Magazine (PPM) Model 22010; Tactical
Performance Power Magazine (TPPM) Model22012; and Automatic Shut-Down Performance Power Magazine
(APPM) Model 2201 1.
. TASER Dataport Download Kits:
1. Dataport Download Kit for the X26 Model number 265002. Dataport Download Kit for the X2 and X26P Model number 22013
. Power Module for X3 and X3W CEWs: Enhanced Digital Power Magazine (EPM) Model 33203
. TASER Blast Door Repair Kit Model 44019 and TASER Blast Door Replenishment Kit Model 44023
. AXONflexrM system:1. AXONflex Kit, Model730302. AXON Body Kit, Model73002
3. AXONflex Controller, Model 73001
4. Evidence Transfer Manager (ETM).
1.6 dock ETM, Model 73016.
2. 12 dock ETM, Model 73048
3. 12 dock ETM, Model 73070, Body
rASER DISTRTBUTOR FOR
FLORIDA
SO LE AUTH ORIZEtr REPIAlfr.-9661 1-*
4Sfn BRAND PROr.rg".,,,,f8 ,,'.,. '.
TASER lnternational, lnc.
17800 N. 85th Street
Scottsdale, P2.85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
TASER lnternational, lnc.
17800 N. 85th Street
Scottsdale, AZ85255
Phone: 480-905-2000 or 800-978-2737
Fax: 480-991-0791
Please contact us at 1-800-978-2737 with any questions.
Sincerely,
*[d-o
Jim Halsted
Vice President, LE Sales
TASER lnternational, lnc.
TASER lniernational, lnc. Sol* Source Leiter Revised February ?A13i ?age 2
351
Title: TASER Sole Source Letter
D+partment: SaleslCustomer Service
Version: 2.0
Relaase Date: lfZBfZSt3
AxonflexrM, SmartrM, TASER CAMTM, X2rM, X3WrM, X26rM and X26PIM arctrademarks of TASER lntemational, lnc., and TASER@, X3@and @ are
registered trademarks of TASER lnternational, lnc., registered in the U.S. @ 201 3 TASER lnternational, lnc. All rights reserved.
TA$[R lniernational, Inc. Sole Source Leller Revised Tebruary 20131 Page 3
352
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The City Manager, Or His Designee, To Utilize Florida Sheriffs Association (FSA) Contracts For
The Purchase Of Vehicles And Equipment And Waiving, By 5/7th Vote, The Formal Competitive Bidding
irement, Findinq Such Waiver To Be ln The Best lnterest Of The Ci
Key lntended Outcome Supported:
Streamline the Delivery of Services Through All Departments; Ensure Expenditure Trends are Sustainable
Over the Long Term; lmprove Cleanliness, City Beaches; and Enhance Beautification and Cleanliness of City
Owned Corridors.
Supporti n g Data (Su rveys, Envi ronmental Scan, etc.) :
Vehicles and equipment are replaced on an annual basis due to a combination of factors that include age,
condition, and maintenance/repair/collision expenses. During FY 2013114, such analysis will have resulted in
the competitive purchase, utilizing FSA contracts, of (130) vehicles and equipment valued at approximately
.65 million.
Item Summary/Recommendation :
The Fleet Management Division ("Fleet Management") provides vehicles and equipment for all City of Miami
Beach departments and divisions. ln coordination with the various departments, Fleet Management develops a
list of replacement vehicles and equipment which is submitted to the Commission for funding during the City's
budget process each fiscal year. Replacement considerations are based on a combination of factors that
include age, condition, maintenance/repair/collision expenses, and operating environment. The list of
replacement vehicles and equipment, as well as any new vehicles and equipment submitted by a department
as part of a service level enhancement initiative, are subject to approval by the City Commission during the
annual budget process. Upon approval of funds, the City has historically pursued the purchase of vehicles
through competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs Association
(FSA).
The State, through its Department of Management Services, competitively awards a comprehensive vehicle
contract yearly to be used by all agencies and political subdivisions of the State. The FSA also competitively
awards a vehicle contract yearly, based on the requirements of law enforcement agencies state-wide, for use
by law enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote effective law
enforcement and public safety programs, is one of the largest law-enforcement associations in the nation. Both
the State and the FSA have staff dedicated to the complex tasks of developing specifications, aggregating
volume from agencies across the state, competitively soliciting awards and managing contracts used by most
public agencies in the State for the purchase of vehicles. Unlike the State and the FSA, the City does not have
the internal expertise, staffing resources or buying power of these agencies. Nonetheless, through the use of
these contracts, the City benefits from the expertise and staff resources of the State and the FSA and the
leveraged buying power of public agencies in the State, resulting in cost-effective and expedited vehicle
purchases.
Since the FSA is not one of the agencies named in the City code as an agency from whose contracts
piggyback purchases may be exercised, the City Attorney's Office has determined that approval of purchases
from FSA contracts will require the waiver of competitive bidding requirements by a 517'n vote. Accordingly, this
is a request for the City Commission to approve utilizing competitively awarded FSA Contracts for the purchase
of vehicles and equipment, previously approved by the budget process, as a means of acquiring the required
vehicles in an efficient and cost-effective manner.
Financial lnformation:
Source of
Funds:
Amount Account
1
Appropriated funding for vehicles and equipment previously
aooroved bv the budqet process.
OBP!
2
Tota!
AGENDA fiEM E7 R# MIAMIBTACH ax're 440'/V353
A f,*, /rrlr,",i,#'*F':^,*'f"..:X
City of Mioml Beoch. 1700 Convention Center Drive, Miqmi Beoch, Floridq 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September 10,2014
,.1
SUBJECT: A RESOLUTION OF THE MAYON hruO CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO UTILIZE FLORIDA SHERIFFS
ASSOCIATTON (FSA) CONTRACTS FOR THE PURCHASE OF VEHTCLES AND
EQUIPMENT AND WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETTTTVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY.
ADMINISTRATION RECOMMENDATION
Approve purchases utilizing competitively-procured Florida Sheriffs Association (FSA)
contracts to purchase vehicles and equipment.
FUNDING
Appropriated funding for vehicles and equipment previously approved by the budget
process.
BAGKGROUND AND ANALYSIS
The Fleet Management Division ("Fleet Management") provides vehicles and equipment for
all City of Miami Beach departments and divisions. ln coordination with the various
departments, Fleet Management develops a list of replacement vehicles and equipment
which is submitted to the Commission for funding during the City's budget process each
fiscal year. Replacement considerations are based on a combination of factors that include
age, condition, maintenance/repair/collision expenses, and operating environment. The list
of replacement vehicles and equipment, as well as any new vehicles and equipment
submitted by a department as part of a service level enhancement initiative, are subject to
approval by the City Commission during the annual budget process.
Upon approval of funds, the City has historically pursued the purchase of vehicles through
competitively awarded contracts by the State of Florida (State) and the Florida Sheriffs
Association (FSA). The State, through its Department of Management Services,
competitively awards a comprehensive vehicle contract yearly to be used by all agencies
and political subdivisions of the State. The FSA also competitively awards a vehicle contract
yearly, based on the requirements of law enforcement agencies state-wide, for use by law
354
Commission Memorandum - Sept. 10, 2014
FSA Contract Vehicle & Equipment Purchases
Page 2 of 2
enforcement and political subdivisions in the State. The FSA, founded in 1893 to promote
effective law enforcement and public safety programs, is one of the largest law-enforcement
associations in the nation. Both the State and the FSA have staff dedicated to the complex
tasks of developing specifications, aggregating volume from agencies across the state,
competitively soliciting awards and managing contracts used by most public agencies in the
State for the purchase of vehicles. Unlike the State and the FSA, the City does not have the
internal expertise, staffing resources or buying power of these agencies. Nonetheless,
through the use of these contracts, the City benefits from the expertise and staff resources
of the State and the FSA and the leveraged buying power of public agencies in the State,
resulting in cost-effective and expedited vehicle purchases.
Since the FSA is not one of the agencies named in the City code as an agency from whose
contracts piggyback purchases may be exercised, the City Attorney's Office has determined
that approval of purchases from FSA contracts will require the waiver of competitive bidding
requirements by a 5l7th vote. Accordingly, this is a request for the City Commission to
approve utilizing competitively awarded FSA Contracts for the purchase of vehicles and
equipment, previously approved by the budget process, as a means of acquiring the
required vehicles in an efficient and cost-effective manner.
As part of the due diligence process by staff, vehicle pricing from both FSA and State
contracts will be analyzed to determine the most cost-effective option. During FY 2013114,
such analysis will have resulted in the competitive purchase, utilizing FSA contracts, of (130)
vehicles and equipment valued at approximately $3.65 million.
CONCLUS!ON
Based on the analysis of the need for vehicles by the various City Departments, the due
diligence of staff, and pricing available through competitively awarded contracts established
by the State and the FSA, it is recommended that the Mayor and City Commission authorize
the City Manager, or his designee, to utilize Florida Sheriffs Association Contracts for the
purchase of vehicles and equipment and waive, by 5t7th vote, the formal competitive bidding
requirement, finding such waiver to be in the best interest of the City.
JLM.M*#AAD,JJF/Jc
F:\MECH\$A'EL\CANO\COMMISSION ITEMS\Fleet - FSA Vehicle Purchases MEMO 2014-09-10.docx
355
RESOLUTION TO BE SUBMITTED
356
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for
Qualifications No.2014-115-SR, Professional Engineering Consulting Services to Design the NewWest
Avenue Bridse Over Collins Canal (the "RF
Clerk's Office
T:\AGENDAVOl Q-2014-050-sR Plan Lincoln Road - Summary.doc
()
AGEilBA trEM c7 S
Maximize The Miami Beach Brand As A World Class Destination
Su Data (Surveys, Environmental Scan, etc: N/A
Item Summarv/Recommendation :
On April 23,2014, the City Commission approved to issue the Request for Qualifications (RFQ) No. 2014-
1 15-SR. On May 28,2014, the RFQ was issued. A voluntary pre-proposal conference to provide information
to the proposers submitting a response was held on June 12, 2014. RFQ responses were due and received
on July 9, 2014. The City received a total of four (4) proposals.
On August 11,2014, the City Manager via Letter to Commission (LTC) No. 278-2014, appointed an
Evaluation Committee (the "Committee"). The Committee convened on August 27,2014 and 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.
RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager recommends
that the Administration be authorized to enter into negotiations and execute an agreement with the top-
ranked proposer, Gannet Fleming, lnc; and should negotiations failwith the top-ranked proposer, the City
Manager recommends that the administration be authorized to enter into negotiations with the second
ranked proposer, Parsons Brinckerhoff, lnc; and should negotiations failwith the second ranked proposer,
the City Manager recommends that the administration be authorized to enter into negotiations with the third
ranked proposer, T.Y. LIN lnternational, lnc; and should negotiations failwith the third ranked proposer, the
City Manager recommends that the administration be authorized to enter into negotiations with the fourth
ranked proposer, Network Engineering Services, lnc., d/b/a Bolton Perez & Associates; and should
negotiations fail with the fourth ranked proposer, the City Manager recommends that the administration be
authorized to issue a new RFQ.
ADOPT THE RESOLUTION
Financial lnformation :
Source of
Funds:
//)',g Amount Account
1 $500,000 303-2575-061357 Grant Funded - Capital Projects
(Matching Grant)*.
*To match most of the grant, $193,000 will come from Contingencies
Fund 187. The remaining balance will come from Fiscal Year
2O1412015 Desion and Enoineerinq Fund.
Total $500,000
Financial lmpact Summary:
Alex Denis, Extension 6641
MIAAAISTACH n^rE ?- /0-/tl357
MIAMI BEACH
City of Miomi Beoch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of/the City Coy'mission
FRoM: Jimmy L. Morales, City Manager [--- al>,Y
DATE: September10,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2014-11s.SR, PROFESSIONAL
ENGINEERING CONSULTING SERVICES TO DESIGN THE NEW WEST AVENUE
BRIDGE OVER COLLINS CANAL.
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and Maintain Priority lnfrastructure With FullAccountability
FUNDING
Funding for this project will be as follows:
The cost for the design of the West Avenue Bridge should not exceed $500,000.
303-2575-061 357 Grant Funded - Capital Projects (Matching Grant)
To match most of the grant, $193,000 will come from Contingencies Fund 187. The
remaining balance will come from Fiscal Year 201412015 Design and Engineering Fund.
BACKGROUND
West Avenue is a 1.4 mile local roadway separated by the Collins Canal. West Avenue
currently connects to the MacArthur Causeway and Venetian Causeway via 17th Street. The
Sunset Harbour Neighborhood is currently experiencing many redevelopment activities with no
direct connection from West Avenue south of 17th Street. Multimodal access to the Sunset
Harbour Neighborhood is currently provided via Alton Road or via 17th Street and Purdy
Avenue. These roadways experience significant congestion and relief is needed.
Via Request for Qualifications (RFQ) 2014-115-SR, the City is saught proposals for the
development of construction contract documents for this West Avenue Bridge project in Miami
Beach, from Lincoln Road to 18th Street. The proposed bridge project should provide
enhanced highway system linkage and relieve heavily traveled roadways in the project's
vicinity. Finally the construction of a pedestrian bridge across the Collins Canal will provide
safer environment for pedestrians and bicyclists who seek to cross the Collins Canal without
using roadway system.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants
Competitive Negotiations Act (CCNA).
358
Commission Memorandum - Request for Qualifications No. 20'14-'1 15-SR (The RFQ), for Professional
Engineering Consulting Services To Design The New West Avenue Bridge Over Collins Canal
September 10,2014
Page 2
RFQ PROCESS
On April 23, 2014, the City Commission approved to issue the Request for Qualifications
(RFO) No.2014-11s-SR. On May 28,2014, the RFQ was issued. A voluntary pre-proposal
conference to provide information to the proposers submitting a response was held on June
12,2014. RFQ responses were due and received on July 9,2014. The City received a total of
four (4) proposals.
The City received proposals from the following proposers:
Network Engineering Services, lnc., d/b/a Bolton Perez & Associates
Gannett Fleming, lnc.
Parsons Brinckerhoff, lnc.
T.Y. LIN lnternational, lnc.
On August 11,2014, the City Manager via Letter to Commission (LTC) No.278-2014,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:
. Douglas Seaman, Assistant City Engineer, Public Works Department. Mark Tomczyk, Sr. Capital Projects Coordinator, Capital lmprovement Projects
Office. Josiel Ferrer, Transportation Coordinator, Transportation Department
The following individuals were appointed as alternates:
. Eric Arencibia, Civil Engineer l, Public Works Departmento Hasan Rizvi, Civil Engineer lll, Public Works Departmento David Martinez, Director, Capital lmprovement Projects. Jose Gonzalez, Director, Transportation Department
The Committee convened on August 27, 2014 to consider proposals received and interview
the proposers. The Committee was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in Appendix A.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Administration be authorized to enter into negotiations with the top-
ranked proposer, Gannet Fleming, lnc; and should negotiations fail with the top-ranked
proposer, the City Manager recommends that the administration be authorized to enter into
negotiations with the second ranked proposer, Parsons Brinckerhoff, 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, T.Y. LIN
lnternational, lnc; and should negotiations fail with the third ranked proposer, the City Manager
recommends that the administration be authorized to enter into negotiations with the fourth
ranked proposer, Network Engineering Services, lnc., d/b/a BoltonPerez & Associates; and
should negotiations fail with the fourth ranked proposer, the City Manager recommends that
the administration be authorized to issue a new RFQ.
359
Commission Memorandum - Request for Qualifications No. 20'14-1 15-SR (The RFQ), for Professional
Engineering Consulting Services To Design The New West Avenue Bridge Over Collins Canal
September 10,2014
Page 3
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida: accept the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Qualifications No. 2014-11s-SR, Professional Engineering
Consulting Services to Design the New West Avenue Bridge Over Collins Canal (the "RFQ");
authorizing the administration to enter into negotiations with the top ranked proposer, Gannet
Fleming, 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, Parsons Brinckerhoff, 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, T.Y. LIN lnternational;
and should the administration not be successful in negotiating an agreement with the third-
ranked proposer, authorizing the administration to enter into negotiations with the fourth
ranked proposer, Network Engineering Services, lnc., d/b/a Bolton Perez & Associates; and
should the administration not be successful in negotiating an agreement with the fourth-ranked
proposer, authorizing the administration to issue a new RFQ; further authorizing the Mayor
and City clerk to execute an agreement upon conclusion of successful negotiations by the
administration.
JLM/MT/DM/AD/YG
T:\AGENDA\2014\SeptembeAProcurement\RFQ-2014-1 15-SR Design-West Avenue Bridge - Memo
360
l(
(Etr
(\c)t
IJJ
'<>l oqH
-to
(9
@
FoF
s (o @ N
'iiit:ia.:t::1::=
oC
C
(E
E
(f)N $
(E>(/,NfE N
O)
t-co O)
00
o
oo
oClzc
(Et
N r cr)\f,
oo)'atoo)
-LL
No)cr)
O)
r
O)
oo)
oC
=C
(Et
N co rf
+.R69>E
F
sto)No)@@
t-o
o)C
c
o)
TL
oCC(6(,
\a-o!L
0)
(J
E
Ld]
aCoaL
(U(L
(E
Co
(E
ELo
C
z
Jt
F
aq)
(E
ooaa
oo
N
0)Lo(L
Co=o
co
a
"=:oo
L
o)
o
o)o)E'-
co
o)fco
a
o)
=
=oz
o).CFc
.o')a
o)o
oFaq)
.o
o)a
(,)c
=I5 I6ort Cl
=Cc-1.- R ZIr Q ci lrJrUArtr .="H t
oC
.9aao
oL(L
Lo
ta
Irr)
I$
oN
oz
o
LLt
oC
.9
o
C)E
o
=a
Lo
a
o)
=qot
361
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
C!ry MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2014.11s.SR, FOR
PROFESSIONAL ENGINEERING CONSULTING SERVICES RELATING TO
THE DESIGN OF THE NEW WEST AVENUE BRIDGE OVER THE COLLINS
GANAL (THE "RFQ"); AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER, GANNETT
FLEMING, 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 SEGOND RANKED PROPOSER, PARSONS
BRINCKERHOFF, 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, T.Y. LIN
INTERNATIONAL; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE THIRD-
RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO ENTER
INTO NEGOTIATIONS WITH THE FOURTH RANKED PROPOSER,
NETWORK ENGINEERING SERVICES, INC., D/B/A BOLTON, PEREZ AND
ASSOCIATES; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL !N NEGOTIATING AN AGREEMENT WITH THE FOURTH.
RANKED PROPOSER, AUTHORIZING THE ADMINISTRATION TO ISSUE A
NEW RFQ; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL
N EGOTIATIONS BY TH E ADMINISTRATION.
WHEREAS, Request for Qualifications No. 2014-11s-SR (the RFQ) was issued on May
28,2014, with an opening date of July 9, 2014', and
WHEREAS, a voluntary pre-proposal meeting was held on Tuesday June 12,2014; and
WHEREAS, the City received a total of four (4) proposals; and
WHEREAS, on August 11, 2014, the City Manager via Letter to Commission (LTC) No.
278-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Douglas Seaman, Assistant City Engineer, Public Works Department. Mark Tomczyk, Sr. Capital Projects Coordinator, Capital lmprovement Projects
Office. Josiel Ferrer, Transportation Coordinator, Transportation Department
The following individuals were appointed as alternates:
. Eric Arencibia, Civil Engineer l, Public Works Department. Hasan Rizvi, Civil Engineer lll, PublicWorks Department. David Martinez, Director, Capital lmprovement Projects
362
. Hasan Rizvi, Civil Engineer lll, PublicWorks Department. David Martinez, Director, Capital lmprovement Projects. Jose Gonzalez, Director, Transportation Department
WHEREAS, the Committee convened on August 27, 2014 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Gannet Fleming, lnc., top ranked;
Parsons Brinckerhoff, lnc., second highest ranked; T.Y. LIN lnternational, lnc., third highest
ranked, and Network Engineering Services, lnc., d/b/a Bolton Perez & Associates, fourth
highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top-ranked proposer, Gannet
Fleming, lnc; and should negotiations fail with the top-ranked proposer, the City Manager
recommends that the administration be authorized to enter into negotiations with the second
ranked proposer, Parsons Brinckerhoff, 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, T.Y. LIN lnternational, lnc; and should negotiations
fail with the third ranked proposer, the City Manager recommends that the administration be
authorized to enter into negotiations with the fourth ranked proposer, Network Engineering
Services, lnc., d/b/a Bolton Perez & Associates; and should negotiations fail with the fourth
ranked proposer, the City Manager recommends that the administration be authorized to issue a
new RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-11s-SR, for Professional
Engineering Consulting Services relating to the design of the new West Avenue bridge over the
Collins Canal (the "RFQ"); authorizing the Administration to enter into negotiations with the top
ranked proposer, Gannett Fleming, 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, Parsons Brinckerhoff, 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, T.Y. LIN
lnternational; and should the Administration not be successful in negotiating an agreement with
the third-ranked proposer, authorizing the Administration to enter into negotiations with the
fourth ranked proposer, Network Engineering Services, lnc., dlbla Bolton, Perez and
Associates; and should the Administration not be successful in negotiating an agreement with
the fourth-ranked proposer, authorizing the Administration to issue a new RFQ; and further
363
authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful
negotiations by the Administration.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\September\Procurement\RFQ-2014-115-SR Design-West Avenue Bridge - Resolution
APPROVED AS TO
FORM & TANGUAGE
& FOR EXECUIION
ffi{$[f Er
364
lntended Outcome
COMMISSION IIEM SUMMARY
AGENDA NEN C7 T
Gondensed Title:
A Resolution Waiving, By 517"'Vote, The Competitive Bidding Requirement And Approving And Authorizing
The Mayor And City Clerk To Execute An Agreement Between The City And Living Arts Trust, lnc. D.B.A. O
Cinema For The Operation And Management Of A Portion Of The Byron Carlyle Theater; Said Agreement
Having An lnitial Term Of Five (5) Years, Commencing On October 1,2014, And Ending On September 30,
2019, With An Option To Extend The Agreement For Up To Five (5) Additional Years (ln Either One Year Or
Multi-Year I As Determined Bv The Citv), At The Citv's Sole Discretion.
Maximize Miami Beach as a Brand Destination and lmprove Alliance with Key Business Sectors, Namely
Arts and lnternational Business with a Focus on Enhanced Culture, Entertainment and Tourism.
Supporting Data (Surveys, EnvironmentalScan, etc.) N/A
On April 13, 2011, the Mayor and Commission adopted Resolution No. 201 1-27648, approving a Management
Agreement between the City and Stage Door Theater for the Byron Carlyle Theater. The Agreement had an
initial term of five (5) years, commencing on May 1 , 2011 (Commencement Date) and ending on April 30, 2016
(Expiration Date). The City has the option of renewing the Agreement, at its sole discretion, and provided that
Stage Door is in good standing, free of default, and has met its annual benchmarks, for up to five (5) years.
Under the Agreement the facility must only be used as a live theatrical entertainment venue and public
auditorium, and must operate on a year-round basis. Stage Door Theatre terminated its management
agreementwith the City forthe Byron Carlyle Theater, effective June 1,2014, due to the unexpected death of
its founder and president, David Torres.
Mayor Levine and Commissioner Malakoff both placed discussion items on the July 23,2014 City Commission
agenda to consider O Cinema as a tenant for the Byron Carlyle Theater. Following discussion the City
Commission unanimously approved a motion directing City staff to negotiate an agreement with O Cinema to
be brought back for consideration. Mayor's Blue Ribbon Panel on North Beach at their meeting held on July
24,2014 unanimously adopted a motion supporting O Cinema's use of the Byron Carlyle Theater.
The attached draft management agreement reflects the agreed upon terms negotiated by the City and O
Cinema. These terms are summarized in the attached memorandum. The Administration recommends that
the Mayor and City Commission of the City of Miami Beach, Florida adopt the Resolution waiving, by 5/7th
vote, the competitive bidding requirement and approving and authorizing the Mayor And City Clerk to execute
an agreement between the City and Living Arts Trust, lnc. D.B.A. O Cinema for the operation and
management of a portion of the Byron Carlyle Theater; said agreement having an initial term of five (5) years,
commencing on October 1,2014, and ending on September 30, 2019, with an option to extend the agreement
for up to five (5) additional years (in either one year or multi-year increments, as determined by the city), at the
s sole discretion.
Mayor's Blue Ribbon Panel on North Beach at their meeting held on July 24,2014 unanimously adopted a
motion suooortino O Cinema's use of the
Financial lnformation :
Financial lmpact Summary: O Cinema will pay $5,000 annually for the first 3 years. Commencing with the 4
year, the Use Fee will be 10o/o of all net ticket and concession revenues generated; with annual increases
thereafter ol 1o/o per year, but not to exceed 20%. O Cinema has also agreed to an annual contribution of $
2,500 for each Contract Year commencing with the 4th year. O Cinema snitt Oe solely responsible for and shall
for utilities used at the Faci
Max Sklar, ext. 6116
T:\AGENDA\20't D\O Cinema Agreement for Byron -
E MIAMIBEACH DATE ?-/0. //365
g MIAMI BEACH
City of Miomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of the City
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014 i, I
sUBJECT: A RESOLUTTON OF THE MAYO* AND CITY COMnilSSION OF THE CrTYOF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMTTIENDATTON OF THE CITY MANAGER (AS SET FORTH lN THECITY COMMISSION MEMORANDUM AGCOMPANYING THIS
RESOLUTTON) AND WAIV|NG, By SnrH VOTE, THE COMPETTflVE
BIDDING REQUIREMENT, FINDING SUGH WAIVER TO BE IN THE BEST
INTEREST OF THE CITY, AND APPROVING, IN SUBSTANTIAL FORM, THE
ATTACHED AGREEMENT BETWEEN THE CITY AND LIVING ARTS
TRUST, INC. D/B/A O CINEMA FOR THE OPERATION AND MANAGEMENT
OF A PORTION OF THE BYRON CARLYLE THEATER, SUBJECT TO FINAL
NEGOTIATION OF SAME BETWEEN THE CITY ADMINISTRATION AND O
GINEMA, AND SUBJECT TO LEGAL REVIEW AND FORM APPROVAL OF
THE FINAL NEGOTIATED AGREEMENT BY THE CITY ATTORNEY'S
OFFIGE; SAID AGREEMENT HAVING AN lNlTlAL TERM OF FIVE (5)
YEARS, COMIT,IENCING ON OCTOBER 1, 2014, AND ENDING ON
SEPTEMBER 30, 2019, WITH AN OPTION TO EXTEND THE AGREEMENT
FOR UP TO F|VE (5) ADDTTTONAL YEARS (rN ETTHER ONE YEAR OR
MULTI.YEAR INCREMENTS, AS DETERMINED BY THE CITY), AT THE
CITY'S SOLE DISCRETION.
ADMINISTRATION RECOMMENDATION
O Cinema is a proven operator, with two other theater locations in Miami-Dade County, Florida
and, pursuant to Section 2-367(e) of the City Code, the City Manager is recommending the
waiver, by 5/7th vote, of the competitive bidding requirement, as being in the best interest of
the City.
KEY INTENDED OUTCOME SUPPORTED
Maximize Miami Beach as a Brand Destination and Diversify Business Base in Miami Beach.
ANALYSIS
The Byron Carlyle Theater Complex (the "Theate/'), located at 500 71st Street, between Byron
Avenue and Carlyle Avenue, originally opened in December 1968 as twin cinemas hosting
first-run movies in the heart of North Beach. A total of 994 seats were originally built, with the
large auditorium having a capacity of 590 seats. !n the mid-1970s, the Theater was re-
developed into a multiplex cinema; the larger auditorium to the west was subdivided into five
(5) smaller theaters. The Theater continued to operate until it was sold by its owner, Wometco
Enterprises, when the City of Miami Beach purchased it in 2001, for $1.7 million.
366
O Cinema Management Agreement for the Byrcn Cadyle Theater Complex
Commission Memorandum
September 10, 2014
Page 2
Phase I of the renovation of the Theater ($1.7 million) was completed by the City's Property
Management Division during approximately 16 months of design and construction for the
Theater on the eastern portion of the complex. The total seating capacity for the renovated
Theater is 304, with 158 seats in the orchestra level, and 138 seats in the mezzanine level, in
addition to eight ADA seats. Please see the attached Exhibit A for property details.
The western portion of the complex and certain back stage needs of the Theater were not
incorporated into the renovation due to space limitations and the need to not exceed 50% of
the value of the structure in renovation costs that would have required the whole structure to
be brought up to current code standards. These standards include the need to elevate the
floor to meet FEMA Flood Elevation requirements. Any new improvements done to the
western portion of the complex would also require the structure to comply with the current
Florida Building Code.
On April 13,2011, the Mayor and Commission adopted Resolution No. 201 1-27648, approving
a Management Agreement between the City and Stage Door Theater for the Byron Carlyle
Theater. TheAgreement had an initial term of five (5) years, commencing on May 1,2011
(Commencement Date) and ending on April 30, 2016 (Expiration Date). The City has the
option of renewing the Agreement, at its sole discretion, and provided that Stage Door is in
good standing, free of default, and has met its annual benchmarks, for up to five (5) years.
Under the Agreement the facility must only be used as a live theatrical entertainment venue
and public auditorium, and must operate on a year-round basis. Stage Door Theatre
terminated its management agreement with the City for the Byron Carlyle Theater, effective
June 1 ,2014, due to the unexpected death of its founder and president, David Torres.
LONG RANGE PLANNING
Long range planning efforts with the community in North Beach have identified the number
one goal of developing a vibrant commercial district with shopping, restaurants, culture and
entertainment to serve the needs of North Beach residents. The area bounded by 72 Street,
Collins Avenue, 69 Street and lndian Creek Drive/Dickens Avenue was selected to be the
"Town Cente/' due to its centralized location, high density CD-3 zoning and relatively
pedestrian-friendly streets (compare 71 Street with one lane of traffic in each direction to
Collins Ave with three lanes of one-way traffic or Normandy Village with 6 lanes of traffic). Two
retail market reviews have demonstrated the capacity of the population to support several
hundred thousand square feet of new retail development. Yet with no existing base of quality
retail stores to build from, it has been recognized that significant planning and public
investment would be required to attract the desired mix of private investment.
The North Beach Town Center Plan, adopted July 2007, identifies a wide range of strategies
to attract new development to the Town Center. The most important of the strategies identified
included the assemblage of one or two sites large enough to provide the critical mass of
activity necessary to serve as anchors to support smaller site development in the district; to
program the Byron Carlyle Theater and the North Beach Bandshell as cultural anchors to
bookend both sides of the district; and to provide convenient public parking to lower the cost of
development.
The Byron Carlyle Theater property was identified as an important piece of the Town Center
redevelopment strategy because of the location, size, public ownership and potential to
provide a cultural anchor. Undoubtedly, cultural facilities are proven magnets for economic
revitalization, both for the business community and for residential development by making the
community more attractive. lndeed, the purchase and renovation of the theater was intended
for economic development purposes, as well as to assist local talent by providing a venue for
367
O Cinema Management Agrcement for the Byrcn Cadyle Theater Complex
Commission Memorandum
September 10, 2014
Page 3
rehearsal, performances, office space, and to ensure that once established the arts would be
able to remain in a rejuvenated North Beach. However, for the Byron Carlyle Theater to
succeed in this role, a few of the other supporting elements of the plan should be underway.
ln considering these uses, it is important to also consider what the desired short-term and long
term use of the site should be. Long term uses of the Byron are being considered by the
Mayor's Blue Ribbon Panel on North Beach and are part of the North Beach Revitalization
Plan that staff is preparing. Both the Panel and staff have been considering the need for a
commercial anchor and civic use needs, as well as the development potential available on the
site beyond what is utilized by the existing building. The Byron Carlyle Theater property was
also identified as an important piece of the Town Center redevelopment strategy because of
the location, size, public ownership and potential to provide a cultural anchor. lndeed, the
purchase and renovation of the theater was intended for economic development purposes, as
well as to assist the local talent by providing a venue for rehearsal, performances, office
space, and to ensure that once established, the arts would be able to remain in a rejuvenated
North Beach. However, for the Byron Carlyle Theater to succeed in this role, other supporting
elements of the plan would need to be in place. Nonetheless, there continues to be much
discussion regarding the use of the Byron Carlyle and its role in the revitalization of the 71't
Street corridor.
Mayor Levine and Commissioner Malakoff both placed discussion items on the July 23,2014
City Commission agenda to consider O Cinema as a tenant for the Byron Carlyle Theater.
Following discussion the City Commission unanimously approved a motion directing City staff
to negotiate an agreement with O Cinema to be brought back for consideration. Mayo/s Blue
Ribbon Panel on North Beach at their meeting held on July 24,2014 unanimously adopted a
motion supporting O Cinema's use of the Byron Carlyle Theater. O Cinema is a proven
operator, with two other theater locations in Miami-Dade County, Florida and has the capacity
and experience to successfully operate the Byron Carlyle Theater. Pursuant to Section 2-367
of the City code, the City Manager is recommending the waiver, by 5/7th vote, of the
competitive bidding requirement, as being in the best interest of the City, in connection with
execution of a management agreement between the City and Living Arts Trust, lnc. d/b/a O
Cinema for the operation and management of a portion of the Byron Carlyle Theater.
MANAGEMENT AGREEMENT
The following are the agreed upon terms negotiated by the City and O Cinema:
lnitialTerm:This Agreement shall be for an initial term of five (5) years,
commencing on October 1, 2014 (Commencement Date), and
ending on the September 30, 2019 (Expiration Date), unless
earlier terminated pursuant to the provisions of the Agreement
The City has the option of renewing the Agreement, at its sole
discretion, and provided that O Cinema is in good standing, free
of default, and has met its annual benchmarks, for up to five (5)
years. The option to renew may be exercised in five (5) one (1)
year terms, or in multi-year terms (as the City determines), by
providing at least 365 days notice to O Cinema.
ln the event O Cinema decides not to renew the Agreement, it
shall also provide the City with at least 365 days notice prior to
the expiration of the initialterm.
RenewalTerm:
368
O Cinema Management Agreement for the Byron Carlyle Theater Complex
Commission Memorandum
September 10, 2014
Page 4
Scope of Services:
Required Number of Events:
O Cinema accepts the engagement and agrees to operate,
manage, maintain, promote and market the Facility in a manner
consistent with other similar first class facilities. Subject to the
terms of this Agreement, O Cinema shall be, as agent for the
City, the sole and exclusive manager of the City to operate,
manage, maintain, promote and market the Facility during the
Term.
O Cinema shall use the Facility solely and exclusively as a venue
for its not-for-profit motion picture presentation company. The
Facility shall be used primarily as venue for first-run independent,
foreign, art, and family films. The venue may also be used as a
live theatrical entertainment venue and public auditorium, or any
combination thereof, and for such ancillary uses as are
customarily related to such primary use, including, without
limitation, broadcasting, recording, filming, private parties or
functions, food and beverage concessions, in each case in
conjunction with an Event or rental function then being held; and
sale of merchandise related to any Event then being held. The
Facility does not include dedicated parking for the building.
Patrons of Events may park in public parking lots and garages if
and to the extent available, upon paying the applicable parking
charges.
ln order to ensure the continuous operation of the Facility, and
commencing on the October 1, 2014 O Cinema shall cause at
least 500 Events to be held at the Facility for each Contract Year
(and proportionately for any partial Contract Year) during the
Term. The aforesaid 500 Events shall be calculated by counting
each separate Event in a Run.
O Cinema shall cause the Facility to be open on a year round
basis, subject to closures for reasonable periods for rehearsal,
set design, repairs, maintenance and alterations. All Events and
all uses shall conclude prior to 3:00 a.m. unless otherwise
approved by the City Manager, in writing; provided, however, that
O Cinema's employees and/or contractors may be permitted to
remain at the Facility beyond 3:00 am in the event that same is
necessary for purposes of taking down and/or dismantling a
production, cleaning the Facility after a performance, etc., so long
as O Cinema's activities at the Facility during this time do not
disrupt and/or negatively impact the surrounding neighborhood.
Resident Ticket Program:
O Cinema shall operate a discount ticket program available only
to City of Miami Beach residents (meaning individuals who
permanently reside in the City of Miami Beach), by which a ten
percent (1OYo) discount off of the full face value pricing shall be
made available to such City of Miami Beach residents ("Resident
Tickets") for a minimum of one film screening per month.
Public Benefits Program:
369
O Cinema Management Agreement forthe Byrcn Cadyle Theater Complex
Commission Memorandum
September 10, 2014
Page 5
Base Use Fee:
Operating Expenses:
Capital Fund:
S e n i o r/St u d e nt T i c ket s :
O Cinema shall participate at minimum once per month in the
Golden Ticket and Culture Shock programs offered by Miami-
Dade County
Complimentary Tickets:
Pursuant to City Resolution No. 2014- 28638, City shall be
entitled to receive fourteen (14) complimentary tickets per quarter
(every 3 months) for any regular film screening at the Facility that
is open to the general public, including those presented or
promoted by O Cinema and including third party rentals subject
to the provisions of this Agreement. Tickets will be used by the
City for deserving non-profit organizations and/or groups on a
rotating basis. The list of deserving organizations and/or groups
eligible to receive tickets shall include the following categories:o Non-profit {legally established tax-exempt) agencies who
serve residents of the City of Miami Beach, for distribution to
individuals served by the agency;o Local educational institutions for use by deserving students;
and. Senior citizen, disabled persons, and disadvantaged youth
who: are residents of the City; do not have the financial ability
to purchase tickets; and, participate in any City-sponsored
program.
For the Term of the Agreement, O Cinema shall pay City an
annual Use Fee for the right to use the Facility as follows:
1. ln the amount of $2,500 annually for the first three (3) years in
consideration for O Cinema's investments of equipment,
staffing, marketing and improvements;
2. Commencing with the fourth (4) year, O Cinema will provide
the city payment for use in the form of 1Oo/o of all net ticket
and concession revenues generated from O Cinema Miami
Beach, but not less than $5,000, (net to be understood as
after cost of concession goods and film distributor payments);
and
3. An annual increase of 1o/o per year for every year thereafter
but not to exceed 20o/o of total revenues across the life of the
Agreement or subsequent renewal options.
O Cinema shall pay all costs and expenses related to Operating
Expenses.
To help defray the cost of certain major capital repairs and
replacements to the Facility, Stage Door shall make annual
contributions to a Capital Fund to be held and disbursed by City.
The annual contribution shall be Two Thousand Five Hundred
Dollars ($ 2,500) for each Contract Year commencing with the
fourth year throughout the Term.
370
Commission Memorandum
September 10, 2014
Page 6
Valet Parking:
O Cinema Management Agreement forthe Byron Carlyle Theater Complex
Exterior Signage:
City reserves to itself and its contractors and designees (i) all
rights to provide valet parking to the Facility, and (ii) all proceeds
from the valet parking operations. Stage Door may pre-purchase
parking controlled by the City or pre-purchase valet parking. The
City Manager shall have the authority to negotiate and enter into
such agreements with respect thereto, as the City Manager
deems acceptable.
lf the City exercises its right to provide valet parking to the
Facility, then O Cinema shall have no right to provide valet
parking or to contract with other parties for valet parking with
respect to the Facility. However, if the City chooses not to offer
valet parking services at the Facility, then O Cinema shall have
first right of refusal to provide valet parking or to contract with a
third party for valet parking at the Facility, at O Cinema's sole
cost and expense. The City will have six (6) months of the
Commencement Date to exercise this right.
O Cinema shall provide, at its sole expense and responsibility,
any required signs at the Facility. All signage shall be approved
by the City, and shall be in accordance with all applicable
Municipal, County, State and Federal laws and regulations. Any
signage shall be subject to the prior approval of the City as to
size, shape and placement of same.
O Cinema shall own and retain all ownership rights to the name
"O Cinema Miami Beach;" provided, however, that, throughout
the Term (or other duration) of this Agreement, O Cinema does
hereby grant, permit, and consent to the City's right to use
(and/or reproduce) the "O Cinema Miami Beach" name, at no
charge, for purposes consistent with the intent and stated uses
of the Agreement including, without limitation, for the purpose of
identifying and promoting the Facility, and/or for such other
public purposes as the City Manager, in his/her sole and
reasonable discretion, may deem necessary. ln the event that
this Agreement is terminated and/or otherwise expires, then the
City shall discontinue the use of the name "O Cinema Miami
Beach" for the Facility, effective contemporaneous with the date
that O Cinema ceases to manage and operate the Facility.
Notwithstanding the preceding paragraph, the City Commission's
consent and approval shall be required if O Cinema seeks to
change the name of the Facility to anything other than "O
Cinema Miami Beach," and any such name change must be
approved by a 517 vote of the City Commission.
O Cinema shall be entitled to all permanent (meaning for a
specific area such as a VIP lounge together with a duration in
excess of twelve (12) months) interior signage (and all proceeds
derived therefrom shall be Operating Revenues); provided,
however, that the names affixed thereon (including, without
limitation, any sponsorship names) are subject to the City
lnterior Signage:
371
O Cinema Management Agreement forthe Byrcn Calyle Theater Complex
Commission Memorandum
September 10, 2014
Page 7
Annual Plan:
Use by City:
Utilities:
Manager's prior written approval, which shall not unreasonably
be withheld, conditioned or delayed. ln no event may any such
signage include the names of any company selling the following
types of products ("Prohibited Names"): guns, tobacco or sexual
products.
Nothing contained herein shall preclude O Cinema from allowing
sponsors from using temporary banners and temporary signage
within the Facility with respect to any Event, so long as the
banners and signage do not include any Prohibited Names.
Commencing upon October 1, 2015, O Cinema shall provide to
the City on or before June 1tt of each year, an annual
management plan, which shall include the annual operating
budget for the then current Fiscal Year but may not have a
complete booking plan or event schedule. The annual plan shall
include information regarding O Cinema's anticipated operations
for such Fiscal Year, including planned operating and
maintenance activities, anticipated capital improvements and
capital equipment purchases and an anticipated budget
therefore, anticipated Events at the Facility (to the extent knownat such time), and planned equipment and furnishings
purchases. O Cinema shall have the right from time to time to
make any changes it deems necessary or appropriate to any
such annual plan so long as the annual plan is consistent with O
Cinema's fulfillment of its obligations hereunder.
The City shall have the right to use the Facility, or any part
thereof, subject to availability, for the benefit of the community
for such purposes including, but not limited to, meetings, City-
sponsored special events, Sleepless Night (or a successor
event), receptions, and other purposes, as deemed necessary by
the City Manager, in his/her sole and absolute discretion, without
the payment of any rental or use fee, except the direct out-of-
pocket expenses incurred in connection with such uses shall be
paid by the City. City uses of the Facility shall not be competitive
with, nor conflict with, film screenings, special events, or Events
booked or sponsored by O Cinema, and shall be booked in
advance upon reasonable notice.
O Cinema shall be solely responsible for and shall pay (whether
to the City or directly to the utility) before delinquency, 69% of all
charges for utilities used at the Facility (including, without
limitation, water, electricity, gas, heating, cooling, telephone,
sewer).
The O Cinema shall, at its sole cost and expense, have sole
responsibility for basic maintenance to be performed on a regular
basis on all facilities, improvements, and facilities and utilities
infrastructure equipment at the Facility. Any and all repairs or
replacement of the same is the responsibility of the City. O
Cinema shall, at its sole cost and expense, and to the satisfaction
Maintenance:
372
O Cinema Management Agrcement for the Byrcn Carlyle Theater Complex
Commission Memorandum
September 10, 2014
Page I
of the City, keep and maintain the Facility, and all improvements
thereon, in good, clean, and sanitary order. O Cinema shall, at
its sole cost and expense, have the sole responsibility for
maintaining the grounds of the Byron Carlyle Theater. To that
end, the parties herein acknowledge, and O Cinema herein
agrees to be bound by, the minimum maintenance standards set
forth in Exhibit "C" to this Agreement, entitled "City of Miami
Beach Minimum Specifications for Maintenance of the Miami
Beach Byron Carlyle Theater." lt is further understood that O
Cinema shall provide the City with a quarterly maintenance
report, in a format to be approved by the City Manager.
Termination for Convenience: The City reserves and retains the right, at its sole option and
discretion, to terminate this Agreement, without cause and
without penalty, with regard to O Cinema's rights and
responsibilities with respect to the operation, management,
maintenance, promotion and marketing of the Facility, upon three
hundred sixty-five (365) days prior written notice to O Cinema.
ADMINISTRATION RECOMMENDATION
The City Manager recommends that the Mayor and City Commission of the City of Miami
Beach, Florida adopt the Resolution waiving, by snth vote, the competitive bidding
requirement and approving and authorizing the Mayor And City Clerk to execute an
agreement between the City and Living Arts Trust, lnc. D.B.A. O Cinema for the operation and
management of a portion of the Byron Carlyle Theater; said agreement having an initial term
of five (5) years, commencing on October 1,2014, and ending on September 30, 2019, with
an option to extend the agreement for up to five (5) additional years (in either one year or
multi-year increments, as determined by the city), at the city's sole discretion.
T:\AGENDA\201 4\September\TCED\O Cinema Agreement for Byron - Memo.doc
373
MANAGEMENT AGREEMENT BETWEEN
THE GITY OF MIAMI BEACH. FLORIDA
AND
LIVING ARTS TRUST. INC. D.B.A O CINEMA
FOR THE MANAGEMENT OF A PORTION OF THE BYRON.GARLYLE THEATER
THIS AGREEMENT, is made and executed as of this _ day of _, 2014 (Effective
Date), by and between the CITY OF MIAM! BEACH, a municipal corporation organized and
existing under the laws of the State of Florida whose address is 1700 Convention Center Drive,
Miad lh*f, Florida 331ffi {Cey}, and the Living Arts Trust, lnc. d.b.a. O ctrin* r
not&r-profit ogqygration rfiose prMpal address is, 2401 Swanson Ave, Miami, Fl *1133 (O
cir&&a). 'i; ,ll :,
i '.;l ,:i ,i,,.
.:., aiit. '::ii ',-.,t,.' ,:'; '"'' BA6KGR9UND ;r;'
r ,:. r
',:rt City is the.$rvner d tne Bldon Carlyle Theater (the Theater), located at 500 d Street,
Miaffii Beach, ffioa 3t1+t; incttsing that portion of the Theater that is subi$ to the
' : ':: i';l
'Agrilment and.ilhich is more p*tcularly described and depicted in Exhibit "A'rilttached
he@;ry{ffie a part hrpof (the "(6ititf).
O Cinema is a Florida not-for-profit (501(c)3) that showcases cutting-edge, non-profit,
independent cinema with locations in Miami's Wynwood Arts District and the Village of Miami
Shores. O Cinema is a community based mission driven art house showcasing first-run
independent, foreign, art, and family films.
At its regular meeting on July 23, 2014, the Mayor and City Commission directed the
City Administration to negotiate an agreement with O Cinema for the management of the
Facility.
On September 10, 2014, the City Commission adopted Resolution No.
approving an agreement with O Cinema for management of the Facility.
374
City desires to engage O Cinema, and O Cinema desires to accept the engagement, to
provide management services for the Facility on the terms and conditions set forth herein.
NOW THEREFORE, recognizing the aforestated recitals as true and correct and
incorporating herein, and in consideration of the mutual covenants and conditions herein
contained, it is agreed by the parties hereto as follows:
SECTION 1. Definitions.
For purposes of this Agreement, the following terms have the meanings referred to in this
Section 1:
"Affiliate(s)" -- an entity that directly or indirectly, through one or more intermediaries,
controls or is controlled by, or is under common control with, a specifi-e.d,_entity. For purposes of
this definition, ncontrol" means ownership of equis*Furities or drr wmhip interests which
represent more than 51% ofthe voting power in thr wrtrolled entty.
"gjty' -- as defined in the first paragraptrd thii,Agreemefr.
"Qjlyl]@lssiono - the governing and*gista!!!& body of ' o G&p
"9j!Wg!rci' -- the chief executive tcer of ffiCity or trch person as may ftom time
to time be authorized in writing by such aO ti"f to rd for him/her with respect to
any or all matters pertaining to this Agreem*tt }}
'CoFmencement Date" -- as defin00 in Section 2.
: ''
"CoI]!racl-@f'- each one year period beginning October 1't, and ending September
3oth.
"Effg!]t!vl2-Da]c," - provided that this Agreement has been approved by the City
Commission and executed by City and O Cinema, the date as defined in the first paragraph of
this Agreement.
uEvent' -- all uses which involve a scheduled beginning and ending time, typically all
within the same day (or for evening Events, typically commencing in the evening and concluding
before 1:00 a.m. of the succeeding day unless otherwise approved in writing by City Manager).
With respect to a "Run" (as such term is hereafter defined), each show within the Run shall
constitute an Event.
"Even't Expenses" -- any and all expenses incurred or payments made by O Cinema in
connection with the occurrence of an Event at the Facility, including, but not limited to, costs for
375
staffing (including ushers, ticket takers, security and other Event staff) and costs relating to set-
up and clean-up.
"Expiration Date" -- as defined in Section 2.
"Fatji.[!y" - as defined in the Background Section of this Agreement and as depicted in
Exhibit "A" hereto.
"FiscalYea/'-- each one year period beginning July 1't and ending June 30th.
"Governmental Requirements" -- all laws, ordinances, rules, regulations, statutes,
policies and procedures (including administrative guidelines), and other legal requirements of
any governmental body or authority or any agency thereof (including, without limitation, federal,
Statg,Qm$1 and munic[p$ : ..,".r&xr.
{"5, ) ': -'
. 'Net {ilF*atinq L:;mfb/Profif -- with respect to a Fiscal Year, the effiess, *i any, of
Opqting Expet*is for *h Fiscal lbar over Operating Revenues for such Fiscal Y*, in the
car,',of a loss,,ilU tne,lxcess, iliiny, of Operating Revenues for such Fiscal &, or"r"";
Opfqting Expen*K for #SlredYear, in the case of a profit. ' ';"
. . r:, : --
7l
'
ll I l'l lg *,aDE L'l a yl vl lL' j.
.
,'. "o cinenqF'- as ffined.&r'tre first paragraph of this Agreement. ifrl.; .r'.:1 "!' :-,',#
&t "OperatifF.rExpeilies" -- dqr and all expenses and expenditures of whatevi$kind or
na(&b incurre4iffrectly c{ndirectlyr$ O Cinema in promoting, operating, maintainin$,hsuring
:,1:,,anC"{ffiStsl'the Facili$, including, but not limited to: employee compensation a4t related
expenses (e.9., base salaries, bonuses, severance and car allowances), employee benefits and
related costs (e.9., relocation and other related expenses pursuant to O Cinema's relocation
policy, parking and other fringe benefits), supplies, materials and parts costs, costs of any
interns and independent contractors, advertising, all costs of maintaining the Facility as required
by this Agreement, marketing and public relations costs and commissions, janitorial and
cleaning expenses, data processing costs, dues, subscriptions and membership costs, amounts
expended to procure and maintain permits and licenses, sales taxes imposed upon ticket sales
or rentals, professional fees directly relating to the operation of the Facility, printing and
stationery costs, Event Expenses, postage and freight costs, equipment rental costs, computer
equipment leases and line charges, telephone switch and telecommunications services,
maintenance costs, artist and talent fees, costs, and expenses, show settlement charges,
security expenses, travel and entertainment expenses in accordance with O Cinema's normal
policies, the cost of employee uniforms, safety and medical expenses, exterminator and waste
376
disposal costs, costs relating to the maintenance of signage inventory and systems, the cost of
compliance with Governmental Requirements, all utility costs will be split based on the
proportional use of the City as defined herein in Exhibit "A", all premiums for insurance carried
by O Cinema pursuant to Section 14, and all other costs of operating and maintaining the
Facility. Operating Expenses shall not, however, include any costs of litigation between City and
O Cinema, or any other costs that are specified in this Agreement as costs to be paid by City.
All Operating Expenses shall be determined in accordance with generally accepted accounting
principles consistently applied and recognized on a full accrual basis.
"Operatinq Revenues" -- any and all revenues of every kind or nature derived from
operating, managing or promoting the Facility, including, but not limited to: license and
conoss3ion fees, rentalq ,ffiUres from merchandise sales, advertieing stq3o.._,!$ffi@
rentals, box ofiice revenulE, food g,vice and concession revenues (howevel if suc?i,@nues
are collected in the first,&tance ffir'and retained by the concessionaire, only the tl*ount of
such revenues paid by.. concolionaire to the Facility shall be included as S&erating
Revenues), commissionr or othtr revenues from decoration and set-up, security lfid other
subcontractors (however, t suefi Dvenues are collected in the first instance by and rftned by
such subcontractors, onlytre amourt of such revenues paid by such contractors to tfil,Facility
shall be included as Qpsrating 'Rcvenues), miscellaneous operating revenues, .,:&lvenues
generated ftux separaE agreemqrb with O Cinema Affiliates pertaining to thir,Facility,
sponsonship revenues, and interest rarenues, all as determined in accordance with generally
accepted accounting principles and recognized on a full accrual basis. For the sake of clarity,
the parties acknowledge that revenues from the sale of tickets for Events at the Facility are not
Operating Revenues, but are instead revenues of the promoter and/or performer of each such
Event. To the extent that O Cinema collects such ticket sale revenue on behalf of a promoter
and/or performer, such ticket sale revenue shall be the source of funds from which O Cinema
collects the rental charges and other event reimbursements owed by the promoter and/or
performer for use of the Facility, which such charges and reimbursements are Operating
Revenues hereunder. Operating Revenues shg!!!.g!, however, include any revenue from valet
parking or any other parking charges with respect to the Facility or Events and shall not include
any revenues from name-in-title rights (i.e., the right to name the Facility and signage related
thereto), all of which are specifically reserved to City "Renewal Term" -- as defined in Section 2.
"M" -- A sequence of performances of the same film.
377
"@" - as defined in Section 2; provided, however, if this Agreement is extended for a
RenewalTerm, all references to "Term" contained herein shall also include the RenewalTerm.
SECTION 2. TERM.
2.1 lnitialTerm. This Agreement shall be for an initial term of five (5) years,
commencing on October 1,2014 (Commencement Date), and ending on the September 30,
2019 (Expiration Date), unless earlier terminated pursuant to the provisions of this Agreement.
2.2 RenewalTerm(s). At its sole option and discretion, the City may extend this
Agreement for up to five (5) additional one (1) year terms, and/or multi-year terms, but in no
event to exceed five (5) years in total, (each such one year term, or multi-year term, as the case
may be, a Renewal Term), by providing O Cinema with not less than 365 days prior written
notica prior to the Expiration Date, or the expiratioo,&te of a Renaxd T,!raI; as the use may be,
and provided further that O Cinema has met all of,.Ouiollowing cqrrditions:
(i) not less than 365 days rrtr rr$re than 738:days prior to the Expiration
Date, O Cinema shall provide the City.,*Ih ,,*en noticl $he Exercise Notice) stating
that O Cinema desiree to exercise the ffiewal&ion for a Qqpgry{ Term. Time shatl be
fails to provide the
shall expire and shall not
(ii) both at the time that @inema deliv*u its Ecrcise Notice and at the time
the Renewal Term (for which the o&n is being e ncised) would othenrise cqnmence,
O Cinema shall not be in default under this Agreement; and
(iii) O Cinema shall have achieved, complied with, and/or otherwise met all of
the benchmarks set forth in Exhibit "8" hereto, no later than ninety (90) days prior to
the Expiration Date, or within ninety (90) days of the expiration of the then current
Renewal Term, as the case may be, and which compliance therewith by O Cinema shall
be demonstrated and evidenced to the reasonable satisfaction of the City Manager or
his/her designee. As to this condition (iii) only, in the event that O Cinema has not
achieved with, and/or otherwise met all of the benchmarks in Exhibit "C" hereto within
the prescribed time, or has not demonstrated sufficient evidence of compliance therewith
(to the reasonable satisfaction of the City Manager or his/her designee), then the City
Commission, at its sole option and discretion, may waive the requirements of condition
(iii), and proceed to extend this Agreement.
378
ln the event the conditions of (i) through (iii) are not met, then this Agreement shall
expire at the end of the lnitial Term (i.e. on the originally stated Expiration Date), or upon
expiration of the then current applicable Renewal Term, as the case may be, and the provisions
of Section 31 hereof shall apply.
2.2.1 Notwithstanding anything in this Section 2, in the event O Cinema decides
not to renew the Agreement, it shall provide the City Manager with written notice of its
intent not to renew at least 365 days prior to the Expiration Date, or the expiration date
of the then current Renewal Term, as the case may be.
SEGTION 3. BYRON CARLYLE THEATER FACILIry.
4.1
. .k .Facility subied &o this Agreement shall be those facilitiee an**
sp "'{tmibed in &ri6ft 'A', ittached and incorporated herein. Subje& fu
this*greemenll&Cinernl:shall han the primary use and sole occupation of the Fffiity and
..:al:sn#5e responsi* for itl$anagerffirt and maintenance, as further set forth herein. .1,
', ' ,x{ i*.
'' I ;.-, ,iT,'':i'; sEcnoNit op AND MANAGEMENT oF THE ByRoN cARLyLEffi
:1,
Cily hereby engages O Cinema to operate, manage,.',fraintain,
oi
::)1 ilrirri'
:, 16i-.:.,.- ,. ..1pr@te and m&t the hcility duing the Term, upon the terms and conditions her{ilfter set
.''
4.2 Manaqer of the Facilitv. O Cinema accepts the engagement and agrees to
operate, manage, maintain, promote and market the Facility in a manner consistent with other
similar first class facilities. Subject to the terms of this Agreement, O Cinema shall be, as agent
for the City, the sole and exclusive manager of the City to operate, manage, maintain, promote
and market the Facility during the Term. !n such capacity, except as otherwise expressly
reserved under this Agreement to the City, and/or except for such matters as are subject to the
approval of the City or City Manager, O Cinema shall have exclusive authority over the
management and operation of the Facility and all activities therein, subject to subsections 4.2.1,
4.2.2 and 4.2.3 hereof.
4.2.1 Permitted Uses. O Cinema shall use the Facility solely and exclusively as
a venue for its not-for-profit motion picture presentation company. The Facility shall be
used primarily as venue for first-run independent, foreign, art, and family films. The
379
venue may also be used as a live theatrical entertainment venue and public auditorium,
or any combination thereof, and for such ancillary uses as are customarily related to
such primary use, including, without limitation, broadcasting, recording, filming, private
parties or functions, food and beverage concessions, in each case in conjunction with an
Event or rental function then being held; and sale of merchandise related to any Event
then being held. The Facility does not include dedicated parking for the building.
Patrons of Events may park in public parking lots and garages if and to the extent
available, upon paying the applicable parking charges.
Such uses shall include only the following (the "Permitted Uses"):
1 .1 .a) Cinema ,{
1 .1.b) Performance theater;
1.1.c) Carpentry shop;
1.1.d) Carpentry and set storage;
1 .1.e) Theatrical equipment storrye;
1 .1.fl Rehearsal spaoe;
1.1.o) O Cinema's administrative ofiies;
1.1.h) Cafeteria for O Cinema's employees;
1.1.i) Food and beverage concession;
1 .1 .j) Sale of merchandise related to an Event then being held;
1 .1 .k) Private parties and/or functions in conjunctions with an Event then
being held;
1.1.1) As an ancillary use, third party rentals as may occurfrom time to
time;
1.1.m) The movie theater projector and full screen.
No other uses shall be permitted without the prior written approval of the City
Manager, which approval may be granted or withheld in his/her sole discretion. Any such
other use which the City Manager approves must, however, be in accordance with (i) the
,"i &l$-; r.r;'
' .i_.. ....- ,
': ,.
ii:,:
.)'1r
ii!r
:'.i1.:
.,: r
:. '11)-;,!'
'-tt r
',':'*:ili
.:t4';.
tlk'
,::r
:i':,; -
380
Articles of lncorporation and other charter documents of O Cinema; (ii) all laws and
regulations applicable to not-for-profit entities; (iii) all applicable Governmental
Requirements; and (iv) all ad valorem tax exempt uses of property under Chapter 196,
Florida Statutes.
4.2.2 Prohibited Uses. lt is understood and agreed that the Facility shall be
used by O Cinema during the Term only for the stated purposes in subsection 4.2.1, and
for no other purposes or uses whatsoever. Notwithstanding anything contained in
subsection 4.2.1, or any other term or condition of this Agreement (1) O Cinema will not
make or permit any use of the Facility that, directly or indirectly, is forbidden by any
Governmental Requirement, or that may be dangerous to life, limb or property; and (2) O
Onema may not commit waste on the F4*, use the e *ny illegal pr?*,
commit a nuisane on the Facitity, or allowffioxic, hazadous or dangerous substance
to be brought into the Facility or stored fiir$,(other th*r small quantities of materials
customarily used k the operation of a lti th#cal perfmrance venue, whidr shall be
used and stored in compliance with
the Facility for any purposes not
City Manager mey declare this Itrdefault std, in addition to all other
remedies available to City, restrain sflfr improperFe by ft$,rnction or other legal action,
with or without notice to O Cinema.
4.3 Cessation/Suspension of Approved Use(s) and/or Business Activitv(ies).
Notwithstanding anything contained in this Agreement, and except for the Permitted
Uses expressly set forth in subsection 4.2.1 (a) - (k), in the event that another particular use(s)
and/or business activity(ies) has been approved by the City Manager, and the City Manager
thereaftel upon reasonable inquiry, determines that the continuation of such use(s) and/or
activity(ies) is, or may be, inconsistent, contrary to, and/or detrimental to the Permitted Uses set
forth in this Agreement, and/or to the health, safety and/or welfare of the residents of and
visitors to the City of Miami Beach, then the City Manager, upon thirty (30) days prior written
notice to O Cinema of same, may revoke, suspend, and/or otherwise disallow the objectionable
uses(s) and/or business activity(ies), and O Cinema shall immediately cease and desist in
providing, and/or continuing with, said use(s) and/or business activity(ies) within the time period
and in the manner prescribed in the City's notice. ln the alternative, the City Manager and/or his
ln i +,fm.tffrat o Cincma uses
l . "rlr. 'l'hfr*1, t?r€fi'the City through its
381
designee may allow O Cinema to continue with the subject use(s), or business activity(ies),
subject to such additional guidelines, as may be determined and established by the City
Manager, in his/her sole and reasonable discretion and judgment.
SEGTION 5. SCOPE OF SERVICES.
5.1 General. O Cinema shall perform and furnish management services, personnel,
and systems and materials, as are appropriate or necessary to operate, manage, supervise,
maintain, promote and market the Facility in a manner consistent with the operations,
management, promotions and marketing of other similar first-class facilities.
5.2 Required Number of Events: Continuous Operation: Conclusion of Events.
,ffit" the contir*puo qperation of the Facility, and commsrcing oo-..f$$€
caule at leid500 Events to be held at the Facility for ea€lt
' .-.. 1(adproportion*y for gQ partial Qpntract Year) during the Term. The aforesaid SffiEvents
1,'i:sh*$e calculatr*.by coffing eachlparate Event in a Run. .i;i.
,,':;,
.:t:i l'tiirl. !.&: ii!:;,.i1i..,.,:'i O Cinema,'$.rall cmfrrFacility to be open on a year round basis, subject t*tlosures
": ?'!:
for:ilasonable psods tr rehcaal, set design, repairs, mainbnance and alter#rs. All
;),:EvcS and all S sh* concludt'prior to 3:00 a.m. unless othenrise approved ffie City
;;."r;:: t.r.:: G;ill.,.:.r:' t.....- N:.W
ry; provhhd, howoltr, that O Cinema's employoes and/or contractcffi;nay be
peliiMr&XX&?fiain at thl Facility tayond 3:00 am in the event that same is neciiiary for
purptiSU$i''rif'taking down and/or dsmantling a production, cleaning the Facility' after a
performance, etc., so long as O Cinema's activities at the Facility during this time do not disrupt
and/or negatively impact the surrounding neighborhood. ln the event of such disruption, the
City Manager and/or his/her designee shall have the right to either strictly enforce the hours of
operation, or impose reasonable guidelines upon O Cinema as a condition to keeping the
Facility open for the aforestated purposes (beyond 3:00 AM)
Bookino Policies. The City and O Cinema agree and acknowledge that the Facility must
primarily be used by O Cinema for cinematic movie screenings, but that O Cinema may also,
from time to time, rent the Facility to third party presenters consistent with the terms herein.
Except as otherwise provided herein, O Cinema shall have the sole authority to approve the
scheduling of any Event in the Facility and Events requiring or having co-promotions. O Cinema
shall have no obligation, however, to book any type or category of Events (or specific Event)
that are unprofitable, as reasonably determined by O Cinema. Notwithstanding the preceding,
382
or any other term or condition of this Agreement, the City Manager shall have the right to
prohibit certain Events or uses from occurring at the Facility, upon the City Manager's
reasonable determination that such Event or use might present unreasonable safety concerns,
or violate (or otherwise not comply with) Governmental Requirements. Notice of any such
determination shall be sent by written notice to O Cinema within thirty (30) days after the City
Manager has received the quarterly booking report from O Cinema that specifies the potential
Event.
5.3 Specific Services. Without limiting the generality of the foregoing, O Cinema
shall perform all of the following services, all without the necessity of first obtaining City's
approval (except where otherwise expressly required in this Agreement), and all of which shall
be performed by O Cinema in a manner consister*{frh the management and qryilffi*{pr
similar first class facilities: -, , ,5.3.1 employ, supervise, and &ctd employees and personnel ffrsistent
with the provisions of this Agreement. # em&rees shall be employees of $,Finema,
its Affiliates or third parties, and not d.Sity &,&inera shall be solely resp#ible for
assuring s.tat the Facility is adequatfi competent, qualified peffnnel to
ifr*fulfill its responsibilities underthisAgffiS$,,'t'1',
.i$
5.3.2 administer relationsffi with all thirdparties (including, without,ffiitation,
entering into contracts and licens{* for the food ffi beverage concession* at the
Facility) for the use, maintenance and operation of the Facility, initiate and participate in
any and all negotiations, renewals and extensions relating to such third party
relationships, and enforce contractual agreements concerning any such third party
relationships;
5.3.3 negotiate, execute in its name as agent for the City, deliver and
administer any and all licenses, occupancy agreements, sponsorship agreements
(excluding name-in{itle agreements), rental agreements, booking commitments,
concession agreements (excluding valet parking agreements), supplier agreements,
service contracts (including, without limitation, contracts for cleaning, decorating and set-
up, emergency services, general maintenance and maintenance and inspection of HVAC
and other systems and elevators, stage equipment, fire control panel and other safety
equipment, staffing and personnel needs, including guards and ushers, telephone,
383
extermination and other services which are necessary or appropriate, and all other
contracts and agreements in connection with the management, maintenance, promotion
and operation of the Facility; provided that (1) if any such license, agreement,
commitment or contract has a term that extends beyond the remaining Term, such
license, agreement, commitment or contract shall provide that it is automatically
assigned to City as of the expiration or termination date of this Agreement and that the
City Manager may terminate any such agreement without payment thereafter at any time
upon not less than ten (10) days written notice; (2) O Cinema shall have the sole
authority to approve the scheduling of any Event to be held at the Facility, subject to the
limitations and requirements of this Agreement; and (3) any contract entered into
between O Cinema and a subsidiary and/orAffiliate compeqll:$t$l be at terms and for
prices customarily charged by such sub#f& and/or AflH& 6nFany for compmble
goods and servicee elsewhere at rates tm.auf€ompetitivcrithin the industry;
5.3.4 ma&:tain the Facility , withot* limitation, all structural
componente thereof and all electrical, SnC, ti{bafetV, ryry+ plumbing and other
systems and equipment) in a good ar*tban cffiition c$tstentfiith other similar first
class facilities and in compliance w**l*'Oqlffimental &quirements, ordinary wear
and tear, and casualty loss excepte& Maintenamii respOmibility shall include, without
limitation, preventative and any drd all other mainthnce and as required in
Exhlbit "C" to this Agreement (ent#ed "City of Mian{ Beacfi Minimum Specificdions for
Maintenance of the Miami Beach Byron Carlyle Theate/'). O Cinema shall maintain in
full force and effect service contracts with qualified and licensed service providers with
respect to HVAC, roof and elevator systems unless O Cinema warrants and represents
to City Manager, in writing, that O Cinema has sufficient trained and qualified employees
(in each case with not less than one year's experience) to maintain such systems and
that any warranties will not be voided as a result thereof.
O Cinema shall keep on-site maintenance manuals and records reflecting all of O
Cinema's maintenance activities, all of which shall be available for inspection by the City
Manager upon request. O Cinema shall submit to City Manager periodic (not less than
quarterly) reports specifying all maintenance work performed during such period, which
reports shall be used by the City's Property Management Division (or its consultant) as
part of an annual City maintenance inspection and review.
384
O Cinema warrants and represents to City that, prior to the Effective Date, O
Cinema inspected the Facility, and O Cinema hereby accepts the Facility "as-is, where-is
and with allfaults.". The aforementioned notwithstanding, the City has identified a variety
of repairs needed to the facility which it has agreed to address prior to and within 6
months of the commencement date of this agreement. Those repairs are listed in
"Attachment F". ln addition, the city shall ensure that all equipment, bathroom,
plumbing, HVAC, fire extinguishers, fire alarms, and smoke detectors are in working
order and that the building is up to applicable codes before commencement date of this
agreement.
5.3.5 rent, lease, or purchase all equipment and maintenance supplies
":'.'.fury or appqf&&furgne operation and maintenanoe of the Fadl$6 '.,rr@,:,:
l ':t'
i,,r W es'i'ftisn and adjust prices, rates and rate schedules for the,**resaid
: licenses, fr""mi* ano co$acts, and any other comrnitments relating to tffiFacility
r to be neg&teO EyO Cinmu in the course of its management, operation, boii*tng and
, :i':ji;' promotion,X the flsfrf provided, however, that o cinema shall, on or {Fre the
:: Commenrilhent 6ie, srfrtit its proposed initial rates and rate schedule t$,frre City' ,, ]
* Manager ilir hiqilfDr revlffi and approval (which review/approval sha$hot be_ r .i$.li.t , ... -"{".
,,.. unreaetltbly witlttld, condffiOned ol delayed) and, thereafter O Cinema sh$'consult. '.,.:.:. . -,........
City Ma{fier about eny adjustments to the rates and rate schedd* at the
Facility to be made by O Cinema, prior to O Cinema's implementation of same;
5.3.7 pay when due, on behalf of the City, all Operating Expenses from O
Cinema's own funds;
5.3.8 after consultation with the City Manager and the CityAttorney, and subject
to approval by the City Attorney or his designee, institute as agent for the City, the costs
of which shall be included as Operating Expenses, such legal actions or proceedings
necessary or appropriate in connection with the operation of the Facility (using legal
counsel approved by the City Attorney), including, without limitation, to collect charges,
rents or other revenues due to the City or to cancel, terminate or sue for damages under,
any license, use, advertisement or concession agreement for the breach thereof or
default thereunder by any licensee, user, advertiser, or concessionaire at the Facility;
institute on O Cinema's own behalf (and not as agent for City) without consultation or
385
approval of the City, the costs of which shall be included as Operating Expenses, such
legal actions or proceedings necessary or appropriate in connection with the operation of
the Facility, including, without limitation, to collect charges, rents or other revenues due
to the City or O Cinema or to cancel, terminate or sue for damages under, any license,
use, advertisement or concession agreement for the breach thereof or default
thereunder by any licensee, user, advertiser, or concessionaire at the Facility;
5.3.9 maintain a master set of all Event records, booking records and
schedules for the Facility (which shall be available for inspection by the City Manager
upon request);
5.3.10 provide dayto-day administrative services in support of rls T"..:t?9!.nt
activities to ensure that the Facility shall tr*operated, ms$, 'Irrd,,fnf s:iltd
performed in a first class manner consistffi ffir similar fir*. class facilities inc$ng, but
"lnot limited to, acquisition of services, Ctt,ipf,ant, supplf,p and facilities, m{#nance
billing; and similar services;
ng;
5.3.11 engage in advertising,
effectively market the Facility anO t**nts. ' tn Cihnecticl with its activitiesrrecticl with its activities {ffiler the
terms of this Agreement, O Cinema*tt O" permiH to uQ! the logo anO bra*&identity
of the City of Miami Beach, and of thf Facility, as appnoved!y the City Managef,
5.3.12 operate the Facility's telephone switch and telecommunications services;
5.3.13 act as a collection agent for the City on sales taxes from operation of the
Facility and remit to the State of Florida such sales taxes;
5.3.14 comply with all CityAgreements;
5.3.15 Except as otherwise approved by the City Manager, O Cinema shall not
license or allow the use of any portion of the Facility to other than short-term users (i.e.,
less than thirty (30) consecutive days). O Cinema shall require that all users of the
Facility provide certificates of insurance evidencing appropriate insurance and any other
insurance required by the applicable license, use or occupancy agreement. Copies of
these certificates shall be furnished to the City Manager prior to any Event or use. Such
insurance shall be kept in force at all times by all licensees, users, lessees and
**,0 promiiion"l activities neffisary to
' .., tz:..
r 'ffinectier with its activities i*ler the
386
concessionaires. All liability policies shall name the City and O Cinema as additional
insureds. O Cinema shall also require all users of the Facility to execute (among the
terms of the license or occupancy agreement) an agreement to indemnify, defend and
hold harmless the City. O Cinema's standard license or occupancy agreement shall, at a
minimum, include the insurance and indemnity requirements contained herein; shall
further be subject to the prior review and approval of the City Manager and City
Attorney's Office; and - if and when approved - shall be attached as Exhibit "D" hereto.
5.3.16 Resident Ticket Prooram. O Cinema shall operate a discount ticket
program available only to City of Miami Beach residents (meaning individuals who
permanently reside in the City of Miami Beach), by which a ten percent (10%) discount
ofi of the full face value pricing shall be tde available&(lr*l,,r$ty of Miami Beach
residents ("Resident Tickets') for a minimun qf one film sQening per month. O Cinema
reserves the right to require proof of$$ity':residency imluding, but not limited to,
government photo lD, utility bill, school,fr or" dler similafi credible indicia of residency.
For these purposes, the foregoing R{Sent W<ets sh*,h;:f to the following
rules: 1) Alltickets,Shall be sold on a fiilt comej,,hst shall be available
at the Facility box office; 2) The tyF. Clti*n of Sting for all ticketa shall be
determined by O Cinema, in its sole*cretion, bt*shall ildude a full range of all ticket
prices; and 3) O Ginema shall havffhe right to $ryrulO1& additional reasonable rules
concerning such sales so long as lf,nre are consistcnt urftr the terms hereof to assure
the efficient operation of the program and compliance with these terms and conditions.
5.3.17 O Cinema shall participate at minimum once per month in the Golden
Ticket and Culture Shock programs offered by Miami-Dade County
5.3.18Complimentarv Tickets. Pursuant to City Resolution No. 2014- 28638,
City shall be entitled to receive fourteen (14) complimentary tickets per quarter (every 3
months) for any regular film screening at the Facility that is open to the general public,
including those presented or promoted by O Cinema and including third party rentals
subject to the provisions of this Agreement. Tickets will be used by the City for
deserving non-profit organizations and/or groups on a rotating basis. The list of
deserving organizations and/or groups eligible to receive tickets shall include the
following categories:
387
' Non-profit {legally established tax-exempt) agencies who serve residents of the
City of Miami Beach, for distribution to individuals served by the agency;
. Local educational institutions for use by deserving students; and
. Senior citizen, disabled persons, and disadvantaged youth who: are residents of
the City; do not have the financial ability to purchase tickets; and, participate in
any City-sponsored program.
City may not engage in the sale or re-sale of the complimentary tickets. Under no
circumstances shall City be entitled to "roll ove/' or "carry forward" any unused or un-
retrieved complimentary tickets; such that, in case of any Event for which City neglects
or otherwise fails to secure the complimentary tickets for any reason other than O
Cinema's failure to comply with its obligations under this subparagraph, including
reasons that were completely outside the parties' reasonable control, then, City shall be
deemed irrevocably to have waived its right or entitlement to those particular
complimentary tickets and City shall not be entitled to any remuneration for any lost
opportunity. O Cinema shall have sole and exclusive control over seating location
decisions for complimentary tickets so long as the complimentary tickets are seats within
the top 30% tiered price level (and thus the location may change from Event to Event).
On or prior to the Commencement Date, O Cinema shal! provide a contact to the City
from whom the City can conveniently secure the complimentary tickets.
sEcTloN 6. CoMPENSATION TO THE Grry FOR USE OF THE FACtLtry (USE FEE).
0 Base Use Fee. For the Term of the Agreement, O Cinema shall pay City an annual
Use Fee for the right to use the Facility as follows.
a) in the amount of-$2,500.00-for the first three (3) years in consideration for O
Cinema's investments of equipment, staffing, marketing and improvements;.
b) Commencing with the fourth (4) year, O Cinema will provide the city payment for
rent in the form of 10o/o of all net ticket and concession revenues generated from
O Cinema Miami Beach (net to be understood as after cost of all expenses) and
not to be less than $5,000.00 per year; and
c) An annual increase of 1o/o per year for every year thereafter but not to exceed
2Oo/o of total net revenues across the life of the Agreement or subsequent renewal
options.
388
All payments are payable quarterly for the previous three months of activities
without demand, commencing on the Commencement Date and thereafter on the first day of
each Contract Year. lf the Commencement Date occurs on a day other than the first day of a
calendar month, the first Contract Year shall include the partial month on which the
Commencement Date occurs and the following twelve (12) calendar months. The Base Use
Fee (and all other amounts due hereunder) shall be paid to City in legal tender of the United
States of America at the following address: Tourism, Culture, and Economic Development
Department, 1700 Convention Center Drive, Miami Beach, Florida 33139; or at such other
place that City may from time to time designate by notice in writing.
6.2 Additional Fees and Charoe. ln addition to the Base Use Fee as set forth in
subsection 6.1, O Cinema shallalso be responsibl'fir payment of$ry,,ptq$ngAdditia*xl Fees
and Charges:
6.1.2 Taxes: lmposition. O
't -'
be rQonsible for all proprty tax
payments, ta<es and impositior*r Th$Srties artdpate that the Byron Carlyle
Theater is tax exempt; howevgry,iin tne1*iFnt tnat,-**i*&Dirty tax payment (or
any other tax and/or impositio$qis regg..i$# in coffiction with the Facility, or in
connection with O Cinema'snl$liif;'W;FacilitX O Cinema has the right to
terminate this agreement wiplut penalty lf,provi*g g0 days notice to the city
at which point the city shall,I* solely respffile S.such payment(s).
6.1.3 Operatino Expenses. O Cinema shall pay all costs and expenses related
to Operating Expenses. O Cinema hereby irrevocably and unconditionally
guarantees to the City that Operating Revenues shall at all times be sufficient to
pay as and when due all Operating Expenses and any and all other amounts that
O Cinema is obligated to pay pursuant to this Agreement, and further covenants
and agrees that if at any time there are insufficient Operating Revenues to pay all
of the foregoing amounts, as and when required, O Cinema shall immediately
pay the difference from O Cinema's own funds. This obligation is absolute and
unconditional and shall even apply if Operating Revenues are reduced or limited
by facts or circumstances not contemplated by the parties or for reasons beyond
the parties' control. The provisions of this Section 6.2.2 shall survive any
termination or expiration of this Agreement.
389
6.1.4 Establishment and Use of Capital Fund: Contributions. To help defray the
cost of certain major capital repairs and replacements to the Facility (including,
without limitation, all structural components thereof, and all HVAC, life safety,
mechanical or other systems, plumbing and sewer lines, roof, etc.), beginning
with the fourth year of the Agreement, O Cinema shall make annual contributions
to a fund (the "Capital Fund") to be held and disbursed by City, at the sole and
reasonable discretion of the City Manager and his/her designee.
The annual contribution shall be Two Thousand Five Hundred Dollars ($
2,500) for each Contract Year commencing with the fourth year throughout the
Term. Contributions to the Capital Fund shall be made in equal monthly
installmenb'oolnmencingontheffiencement.ffishallbedueonor
before the first day of each calendgrr$ntn thereafrr throughout the Term.
Notwithstanding the preceding paragraph, or this subsection 6.2.3, O Cinema
shall not be responsible for paying for major capital improvements or
infrastructure within the Facility.
6.1.5 SalesTax. O Cinema shall pay and include any and all additional sums
for applicable sales and use tax, now or hereafter prescribed by State, federal or
local law, concurrent with and to the extent any sales tax is imposed in
connection with any payment due hereunder by O Cinema.
SECTION 7 - INTENTIONALLY OMITTED
SECTION 8. RIGHTS RESERVED TO CITY
390
8.1 Riqhts of Entrv. Representatives, contractors and employees of the City shall
have the right to enter all portions of the Facility to inspect same, to observe the performance of
O Cinema of its obligations under this Agreement, to install, remove, adjust, repair, replace or
otherwise handle any equipment, utility lines, or other matters in, on, or about the Facility, or to
do any act or thing which the City may be obligated or have the right to do under this
Agreement. Nothing contained in this subparagraph is intended or shall be construed to limit
any other rights of the City under this Agreement. The City shall not unreasonably interfere with
the activities of O Cinema hereunder, and the City's actions shall be conducted such that
disruption of O Cinema's work shall be kept to a minimum and there shall be no disruption of
any Event by City (the City's actions in its proprietary capacity of the foregoing, shall not
dim*ilf,tt.?&.rights of CiS,.iails governmental capacity). Nothing in this
confHued :gry independent obligation to make repai*,
lmrovemqfi or perform any maintenance or create any inffendent'at"
rt i,tl
i-q*ni-
+9#1.
itli l
8.2
rigl.{* to provide.';b'. the Facility, and (ii) all proceeds from the
authority to negotiate and enter into such agreements with respect thereto, as the City Manager
deems acceptable.
lf the City exercises its right to provide valet parking to the Facility, then O Cinema shall
have no right to provide valet parking or to contract with other parties for valet parking with
respect to the Facility. However, if the City chooses not to offer valet parking services at the
Facility, then O Cinema shall have first right of refusal to provide valet parking or to contract with
a third party for valet parking at the Facility, at O Cinema's sole cost and expense. The City will
have six (6) months of the Commencement Date to exercise this right.
8.3 Sionaoe. The following provisions shall govern the name-in-title rights, interior
naming rights, and the related signage rights with respect to the Facility:
391
O Cinema shall provide, at its sole expense and responsibility, any required signs
at the Facility. All signage shall be approved by the City, and shall be in accordance with
all applicable Municipal, County, State and Federal laws and regulations. Any signage
shall be subject to the prior approval of the City as to size, shape and placement of
same.
O Cinema shall own and retain all ownership rights to the name "O Cinema
Miami Beach;" provided, however, that, throughout the Term (or other duration) of this
Agreement, O Cinema does hereby grant, permit, and consent to the City's right to use
(and/or reproduce) the "O Cinema Miami Beach" name, at no charge, for purposes
consistent with the intent and stated uses of the Agreement including, without limitation,
for the purpose of identifying and promotiae the Facility, ?$q.ry such other,.public
purposes as the City Manager, in his/her.$ and reamriHi drdion, rnii aeem
necessary. ln the event that this Agreenqgt fiflBrminateO $Olor otherwise expircs, thenTXXI *flen
&r{&
Notwithstanding the
approval shall be required if O
anything other than "O Cinema
appro\red by a 517 vote of the City
,i
the CffiCommission's conrent and
name of the Frcility to
f ,nr?ch name chango must be
'' 'l1l:'t. i
8.3.1 lnterior Namino Riqhts: lnterior Sionaqe. O Cinema shall be entitled to all
permanent (meaning for a specific area such as a VIP lounge together with a duration in
excess of twelve (12) months) interior signage (and all proceeds derived therefrom shall
be Operating Revenues); provided, however, that the names affixed thereon (including,
without limitation, any sponsorship names) are subject to the City Manager's prior written
approval, which shall not unreasonably be withheld, conditioned or delayed. ln no event
may any such signage include the names of any company selling the following types of
products ("Prohibited Names"): guns, tobacco or sexual products.
Nothing contained herein shall preclude O Cinema from allowing sponsors from
using temporary banners and temporary signage within the Facility with respect to any
Event, so long as the banners and signage do not include any Prohibited Names.
392
8.3.3 General Requirements. All signage (whether interior, exterior, permanent and/or
temporary) shall comply with all applicable Governmental Requirements, and shall be
maintained by O Cinema in good condition.
SECTION 9. NON.FUNDING BY GIry.
9.1
Expenses.
City shall have no obligation to provide funds for the payment of Operating
9.2 City will have no funding or other payment obligations with respect to the Facility
or its Operating Expenses or its operations other than the costs which the City has specifically
reppentation to&Cinema - either express *,im that {r ol ?ll."gj such taxar may or
m{rttot be impo*l at any time during the
)inema shall establish an*,maintain in Q{l or @e depositories, one or more
and other bank account$frr the operatic[thnd **inagement of the Facility, as
O Cinema shall determine. All Operating Revenues collected by O Cinema from the operation
of the Facility shall be deposited into the accounts and all Operating Expenses shall be paid by
O Cinema as agent for the City from the accounts. Any amounts remaining in the operating
accounts upon expiration or termination of this Agreement for any reason, after payment of all
other amounts that O Cinema is required to pay under this Agreement through the date of
expiration or termination, shall be promptly paid to O Cinema.
SEGTION 11. ALTERATIONS, MAINTENANCE, AND REPAIRS.
11.1 O Cinema shall not make any additions, improvements, or alterations
(collectively "Alterations") to the Facility without the City Manager's prior written consent. The
underthetermsofthisAgreement.Adcitionallv,oQ..1@Cityhaveentered
ffient with the expectation anQSef that, il of '*5].p**ve Date, no
t,: .,:, '1.",1:rxi:
393
costs of allAlterations made by O Cinema shall be borne solely by O Cinema from its own funds
and shall not constitute Operating Expenses. The City Manager shall not unreasonably
withhold, condition or delay his/her consent to any Alterations except that the City Manager may
withhold consent, in his/her sole and absolute discretion, with respect to any Alterations that
change the structural elements or life-saving systems or that affect the exterior of the Facility;
Notwithstanding anything to the contrary, however, O Cinema shall not under any circumstances
be permitted to make any Alterations that: (i) adversely affect the structural portions of the
Facility, or (ii) fail to comply with any applicable Governmental Requirements; or (iii) interfere in
any material manner with the proper functioning of any mechanical, electrical, plumbing, HVAC,
life safety or other systems, facilities or equipment of the Facility.
'). ,:
f6,gsuant to Sec'tion 5.4, it is understood by Qt
thd;*-re O Cirffi shall & be regtrrsible, nor required to pay for, any other costs.:{iated to
caffil improvert*ts or Sfrastrucfrft (i.e. including, but not limited to, plumbing qf, sewer
line[,major electffil, strt#ural, HVIC, roof, etc.) with regard to the Facility.' ..,',|
,,, 11.2 O Gherarl[all o& all required permits for Alterations performed hlffihrouSh
or tffier O Cineffi and llhtt perfoRn or cause to be performed such Alterations in ciffiiliance
wit>t Gover,luFntal fuquiremer&. Under no circumstances shall O Cinema 1ifrf" "nynn*Sry* incorpoile any Hmdous Substances including, without limitation,$estos-
containing construction materials, into the Facility. Any request for City Manager's consent to
any proposed Alterations by, through or under O Cinema shall be made in writing and shall
contain plans or other written materials describing the work in detail reasonably satisfactory to
City Manager, provided that architectural plans shall not be required unless required for the
issuance of a building permit. City Manager shall provide or deny consent within twenty (20)
business days following receipt of O Cinema's written request, the failure to provide or deny
consent within such twenty (20) business day period shall be deemed a consent. Should the
work proposed by O Cinema and consented to by City Manager modify the basic floor plan of
the Facility and the building permit therefor require architectural plans, then O Cinema shall, at
its expense, furnish City with as-built drawings and CAD disks for such work. Unless City
Manager othenrise agrees in writing, all Alterations made or affixed to the Facility (excluding
moveable trade fixtures, equipment, personal property and furniture) (including without
limitation, all upgrades constructed pursuant to subparagraph (b)), shall become the property of
394
City and shall be surrendered with the Facility at the expiration or termination of this Agreement.
With respect to Alterations costing in excess of $200,000 City Manager may require O Cinema
to obtain a payment bond for the work.
11.3 Maintenance. The O Cinema shall, at its sole cost and expense, have sole
responsibility for basic maintenance to be performed on a regular basis on all facilities,
improvements, and facilities and utilities infrastructure equipment at the Facility. Any and all
repairs or replacement of the same is the responsibility of the City. O Cinema shall, at its sole
cost and expense, and to the satisfaction of the City, keep and maintain the Facility, and all
improvements thereon, in good, clean, and sanitary order. O Cinema shall, at its sole cost and
expense, have the sole responsibility for maintaining the grounds of the Byron Carlyle Theater.
To that end, the parties herein acknowledge, and .O Cinema herein agreea !o be bound by, the
minimum maintenance standads set forth in ESrftfr "C" to thb Agfirufifit, entitled "City of
Miami Beach Minimum Specifications for Uaif*r@e of the lliami Beach Byron Carlyle
The&er." lt is further understood that O C$,fmd, all prov{& the City with a quarterly
mailtrenance report, in a format to be approved,ty tne'ffiv Manal$ ,
,11.4 personal prooertv. A 1;r1 e1,;gity owQ;d pers r.stnnfty included in the
Agreement for use by O Cinema during the m.n*qit attaclll$ and incorporated herein as
Exhibit "E". O Cinema hereby accepts su#:ffiffiet&$ its "att" condition, and without any
wananty(ies), wfrether express or implied, Ff the City. Ofinem rhall maintain all City owned
equipment and, at its sole cost and expere, acquire and mairfrrh all replacement and such
other equipment as may be necessary to maintain the Facility in a condition which satisfies
those maintenance standards set forth in Exhibit "C", but shall not have an obligation to improve
the condition of the personal property beyond the "as-is" condition in which it was accepted, all
of which shall be noted on the inventory. O Cinema shall have the right, at the initial inventory
and at any point thereafter, to decline the use and responsibility for any personal property not
useful for its operation of the Facility, and may turn such personal property over to the City in the
condition in which it was accepted. The City shall have the right to periodically take an
inventory of any or all City-owned equipment at the Facility.
SECTION 12. RECORDS, AUDITS AND REPORTS.
12.1 Records and Audits.
395
12.1.1 O Cinema shall keep full and accurate accounting books and records
relating to all Operating Revenues and Operating Expenses, all in accordance with
generally accepted accounting principles. O Cinema shall give the City's authorized
representatives access to such books and records during reasonable business hours
and upon reasonable advance notice. All books and records shall be made available on-
site at the Facility or electronically. O Cinema shall keep and preserve for at least three
(3) years following each Fiscal Year, or for as long as such records are required to be
retained pursuant to Florida Public Records Law (whichever is longer), all sales slips,
rental agreements, purchase order, sales books, credit card invoices, bank books or
duplicate deposit slips, and other evidence of Operating Revenues and Operating
.:x€melses for suclt{nrit$, !n addition, on or before 120 dapfdlq{qg each Fixal Year,
:,'Seffi shallfrffihtofi{iCity a line ith$,e., by oa) $Sbment of Operating
accordan&ftn .n[re1'.aUy lccepted #ounth6 principlS certified as accurate by O
Cinema's Q*ef Arfuffirg Officer or Clrbf Finadal Officc,
,
. at . , ii ':' 1 i::.'l$& Thl$ity Marnger sn ,t*,ffit at any time, and from time to time,
to causaftdepenftrt auditon or t&iCity's own *counhts or auditors to ar.dit all of
*te ryt of O Q@ma relding td perating Rffiiues, Operating Expensos, tickets
fftd''Events inc[idng, withottt linffiation, cash rtgister tapes, credit card invoices,
duplicate deposit tapes, and invoices. No costs incurred by the City in conducting such
audit shall be considered an Operating Expense.
12.3 Annual Plan Commencing upon October 1, 2015, O Cinema shall
provide to the City on or before June 1tt of each year, an annual management plan,
which shall include the annual operating budget for the then current Fiscal Year but may
not have a complete booking plan or event schedule. The annual plan shall include
information regarding O Cinema's anticipated operations for such Fiscal Year, including
planned operating and maintenance activities, anticipated capital improvements and
capital equipment purchases and an anticipated budget therefore, anticipated Events at
the Facility (to the extent known at such time), and planned equipment and furnishings
purchases. O Cinema shall have the right from time to time to make any changes it
396
deems necessary or appropriate to any such annual plan so long as the annual plan is
consistent with O Cinema's fulfillment of its obligations hereunder.
12.4 ProorammaticPlan.
Accompanying the O Cinema's proposed annual budget shall be the Facility
Programmatic Plan for the next fiscal year, detailing the then-known activities planned,
and the number of residents and visitors anticipated to be impacted.
12.5 Maior Capital Reoairs.
Accompanying O Cinema's proposed annual budget shall be a detailed list of
then-known major capital repairs anticipated for the Facility.
lKll indemnifu, hold harmless and defend
#f.'.F tilty Attorney) the City, its officers, agents,and
,.i:i.effiyee**om ad against any and all claims, liabilities, demands,of
,ffi, co{i and erFrnses (including reasonable attorneys'fees at and all.::1..
Tftr. of #eal) of Smtsoever kind or nature ("Claims") arising out ffii; error,
{*r'i
,i,:*inission 6legligent tgt or willful misconduct of O Cinema, its agents$rvants,
contractors, or employees; (ii) any default by O Cinema under tnis ngre:ment; or
(iii) any other claim arising, directly or indirectly, from the operation or
management of the Facility or any Event held therein or rental or use of the
Facility; provided that there is expressly excluded from the foregoing obligations
any Claims to the extent resulting from the gross negligence or willful misconduct
of the City, its officers, agents (excluding O Cinema), contractors (excluding O
Cinema) and employees or the use of the Facility by the City, its officers, agents
(excluding O Cinema), and employees, pursuant to Section 16 hereof.
12.5.2|n addition, O Cinema shall indemnify, hold harmless and defend the City,
its officers, agents, servants and employees, from and against any claim,
demand or cause of action of whatever kind or nature arising out of any
misconduct of O Cinema not included in the paragraph in the subsection above
and for which the City, its officers agents, servants or employees, are alleged to
397
be liable. This subsection shall not apply, however, to any such liability as may
be the result of the gross negligence or willful misconduct of the City, its officers,
agents, servants or employees.
12.5.3 The provisions of this Section 13 shall survive expiration or termination of
this Agreement.
SECTION 14. INSURANCE REQUIREMENTS.
O Cinema shall maintain, at O Cinema's sole cost and expense, the following types of insurance
coverage at all times throughout the Term of this Agreement:
14.1. General liability insurance with not less than the following limits:
General aggregate
Products (completed operation ..aggregate) . '':
.,: . '.
Perconal and advertising (injury} -'
(Per occunence) .
.1
s,000,000
$
$
$
.l: .'..rf .t,
ii;lr, ,:Li'f!.;.
'L-':-:
ii.
Firc damage
Medlcal Expense
Liquor Liability (aggregate)
(Per occunence)
' r', il. '
$2,009s0
$1,000,Q0
14.2 Workers Compensation lnsurance shall be required under the Laws of the State
of Florida.
14.4 Fire lnsurance for the Theater shall be the responsibility of the City.
The policies of insurance referred to above shall not be subject to cancellation or changing
coverage except upon at least thirty (30) days written notice to City and then subject to the prior
written approval of the City's Risk Manager. O Cinema shall provide the City with a Certificate
of lnsurance for each such policy, which shall name the City as an additional named insured. All
such policies shall be obtained from companies authorized to do business in the State of Florida
with an A.M. Best's lnsurance Guide (latest edition) rating acceptable to the City's Risk
Manager, and any replacement or substitute company shall also be subject to the approval of
the City's Risk Manager. Should O Cinema fail to obtain, maintain or renew the policies of
398
insurance referred to above, in the required amounts, the City may, at its sole discretion, obtain
such insurance, and any sums expended by City in obtaining said insurance, shall be repaid by
O Cinema to City, plus ten percent (10%o) of the amount of premiums paid to compensate City
for its administrative costs. lf O Cinema does not repay City's expenditures within fifteen (15)
days of demand, the total sum owed shall accrue interest at the rate of twelve percent (12o/o)
until paid, and such failure shall be deemed an event of default hereunder.
14.5 O Cinema shall be the named insured under all such policies. The City shall be
an additional insured under the insurance policies described in subsections 14.1 , 14.2, 14.4,
and 14.5 hereof, as its interests may appear, and all such insurance policies shall contain a
provision covering the indemnification liabilities hereunder.
flHilder's ffik O Ghema shall also carry Builde& M'.trsuranoe durirg any
S of consh#ion of fieratione$ any other period of conshrction by, through or under O
|fIA. : ;i.. a i
;i.,,, X*i'. ,i,,i.
ltx.i .,n..,.'term{lpf irnumce policies refened to i&i.6ection 14 shall preclude
subrogatit*,clain*ryiFffi O Cinema, lhe City and their tm'officers, employees
i:.,,,...',1.i..e r'i
j{Y.. Iti
,.ii:},
I 5. OVUTRSHTP oF aSSerS.
t5.1 Ownership. The ownership of the Facility and atl buildings and real estate, all
existing (and replacements thereof) technical and office equipment and facilities, furniture,
displays, fixtures, vehicles and similar tangible property located at the Facility at the time of the
commencement of this agreement shall remain with the City. Any and all technical and office
equipment and facilities, furniture, displays, fixtures, vehicles and similar tangible property
purchased by O Cinema for use at the facility shall remain property of O Cinema. Ownership of
and title to all intellectual property rights of whatsoever value held in the City's name shall
remain in the name of the City. The ownership of data processing programs and software owned
by the City shall remain with the City, and the ownership of data processing programs and
software owned by O Cinema shall remain with O Cinema. O Cinema shall not take or use, for
its own purposes, customer lists or similar materials developed by the City for the use of the
Facility, unless prior written consent is granted by the City Manager. Ownership of equipment,
furnishings, materials, or fixtures not considered to be real property purchased by O Cinema
and agenfri'
399
with Operating Revenues for use at and for the Facility shall vest in the City automatically and
immediately upon purchase or acquisition, except for those items which by the terms of this
Agreement shall remain the property of O Cinema. The assets of the City as described herein
shall not be pledged, liened, encumbered or otherwise alienated or assigned. Notwithstanding
anything to the contrary contained in this Agreement, any personalty, furnishings, and movable
equipment that is not a fixture and is not integral to the operation of the Facility purchased by O
Cinema and used at the Facility shall be the sole property of O Cinema.
SECTION 16. USE BYTHE CITY
The City shall have the right to use the Facility, or any part thereof, subject to availability,
no more than 4 times a year for the benefit of the community for such purposes including, but not
lim itnC',,[g .fileeti ngs,special events, Sleepless Night (or a
ASrcNMElWtrSUBLET.
, Xf+,..: ept as',Srenryise tPpcifically provided in this Section 17, O Cinem;omay not
volrxrl*fl#6y operatior*if law, as$n, encumbel pledge or othonrvise transfer all crny part
of O Cinema's interest in this Agreement or subcontract its management duties hereunder
without the City's prior written consent, which may be granted or withheld in City's sole and
absolute discretion. Any attempt by O Cinema to assign all or any part of its interest and any
attempt to subcontract its management duties hereunder without first having obtained City's
prior written approval shall be void and of no force or effect. ln the event of any assignment,
transfer, encumbrance or subcontract, O Cinema shall nevertheless remain liable for all
obligations hereunder and the transferee shall be jointly and severally liable for all obligations
thereafter arising under this Agreement. Any transfer of a controlling interest in O Cinema
(whether in a single transaction or multiple transactions) shall be considered an assignment of
this Agreement. O Cinema specifically recognizes that City selected O Cinema to be the
manager of the Facility as a result of the City's evaluation of O Cinema's specific qualifications
and experience in operating similar first class facilities.
400
17.2 The provisions of subsection 17.1 above shall not prevent O Cinema in the
performance of its management duties hereunder to grant licenses and concessions and rental
agreements for Events and entering into a concessions agreement for the concession
operations at the Facility.
SEGTION 18. SECURITY.
O Cinema shall provide reasonable security to protect the Facility and its equipment,
materials and facilities, including any City equipment, furnishings, and fixtures used by O
Cinema, and shall be solely responsible to the City for any loss or damage to any City
equipment, furnishings, and fixtures so used by O Cinema.
SECTION 19. PERMITS; LICENSES; TAXES; APPLICABLE LAWS.
O Cinema agrees to obtain and pay for all permits and licenses necessary for the
conduct of its business and agrees to comply with all laws governing the responsibility of an
employer with respect to persons employed by O Cinema. O Cinema shall also be solely
responsible for payment of any and all taxes levied on the Facility and its operations. ln
addition, O Cinema shall comply with all rules, regulations and laws of the City; Miami-Dade
County; the State of Florida; and the U.S. Government now in force or hereafter to be adopted.
SEGTION 20. UTll-lTlES; RESPONSIBILITY FOR TAXES AND ASSESSMENTS.
20.1 Utilities.
O Cinema shall be solely responsible for and shall pay (whether to the City or
directly to the utility) before delinquency, of all charges for utilities used at the Facility, but
shall be limited to pay for 69% of water, electricity, gas, heating, cooling, and sewer,
charges used at the Facility.
20.2 Procedure lf TaxesAssessed.
O Cinema agrees to, and shall pay before delinquency, all taxes and
assessments of any kind assessed or levied, whether upon O Cinema or the Facility, by
reason of this Agreement or by reason of any use(s) and/or activity(ies) of O Cinema
upon or in connection with the Facility. The parties acknowledge that O Cinema's
operation and use of the Facility is for public purposes, and therefore anticipate that, as
of the Effective Date, no ad valorem taxes should be assessed by the Miami-Dade
County Tax Appraiser. lf, however, taxes are assessed by the Property Tax Appraiser, O
Cinema has the right to terminate this agreement without penalty by providing 90 days
401
notice to the city at which point he city shall be solely responsible for such payment(s).
SECTION 21 FORCE MAJEURE.
38.1.1.1 No party will be liable or responsible to the other party for any delay,
damage, loss, failure, or inability to perform caused by "Force Majeure" if notice is
provided to the other party within ten (10) days of date on which such party gains actual
knowledge of the event of "Force Majeure" that such party is unable to perform. The
term "Force Majeure" as used in this Agreement means the following: an act of God,
strike, war, public rioting, lightning, fire, storm, flood, explosions, epidemics, landslides,
lightening storms, earthquakes, floods, storms, washouts, civil disturbances, explosions,
and any other cause whether of the kinds specifically enumerated above or otherwise
..:--kiI not ,"" $in the control of the party wtrose performanca iE to be
.1 excusBdffiO whi*by the wrcise of due diligence could not be reasonably pevented
or overcdiHt (it bdHg acknq&dged that under no circumstances shall a failurr to pay
amounts S andffiable h0$under be excusable due to a Force Majeure).' ,',4 .''.' 1
.',rlt':'$!;.11.i,'.':r.'"'...:;;:',"i];:1.i,'.':;:-"'.,
21.2 rusr e{ffti'fi'enb shall be under any obligation to suppty any scrvice or
services *frrO to ffi exterirrd during any period that the supplying of any sudr service
,.':at ,,
,.I, ,,
or servigdf:or thedpvision dany component neoessary thcrefore shall be prdribited or
ItW, anv
$ernmentl
Sequirements'
21.3 ln the event of substantial damage to or destruction of the Facility by reason of
fire, storm or other casualty or any eminent domain action or other regulatory action that,
in either case, shall render a substantial part of the Facility inoperable for a period of at
least ninety (90) days or in O Cinema's reasonable opinion the Facility can no longer be
operated in a reasonably profitable manner as a result of the damages or action for a
period of at least ninety (90) days from the happening of the fire, other casualty or
regulatory action, either party may terminate this Agreement upon written notice to the
other. Upon any such termination, the provisions of Section 31 shall apply; and provided
City shall receive the entire amount of all insurance proceeds or eminent domain award
as applicable.
SECTION 22. INSPECTION.
O Cinema agrees that the Facility may be inspected at any time upon reasonable notice
402
by authorized representatives of the City, or by any other State, County, Federal or municipal
officer or agency having responsibilities for inspections of such operations and/or Facility. O
Cinema agrees to undertake immediately the correction of any deficiency cited by such
inspectors on the Facility, which is properly the responsibility of O Cinema pursuant to this
Agreement.
SECTION 23. WAIVER OF INTERFERENCE.
O Cinema hereby waives all claims for compensation for loss or damage sustained by
reasons of any interference with its operation and management of the Facility by any public
agency or official as a result of their enforcement of any laws or ordinances or of any of the
rights reserved to the City herein. Any such interference shall not relieve O Cinema from any
obl
oc i::. .i.'l;l .,,4,,
or *Fervision, clpe to $filed uffi the Facility any lien or encumbrance of any fiq$" tn the
evd'any lien is
daySr'therefrom,
:j..
accurplished, tlrSity |.qf
shall be necessary for O Cinema to retain qualified individuals to effectuate and optimize O
Cinema's management and operation of the Facility. O Cinema shall select, train, and employ at
the Facility such number of employees as is necessary or appropriate for O Cinema to satisfy its
responsibilities hereunder. O Cinema shall recruit employees consistent with standards
employed at comparable first class facilities, and O Cinema shall have authority to hire,
terminate and discipline any and all personnel employed by O Cinema working at the Facility.
Any such personnel, whether employees, agents, independent contractors, volunteers, and/or
other, employed, retained, or otherwise engaged by O Cinema for such purpose(s), shall not be
deemed to be agents, employees, partners, joint ventures, or associates of the City, and shall
not obtain any rights or benefits under the civil service or pension ordinances of the City or any
rights generally afforded classified or unclassified employees of the City; further they shall not
be deemed entitled to the Florida Worker's Compensation benefits as employees of the City.
Additionally, O Cinema, and/or its employees shall never have been convicted of any offense
'+:'r1;r'" 'g-';lX' q8
$f0, 6' 'i""1';';:itrr'
,
. :,;.'t it will:iIgt suffer, or through its actions or anyone under.* control
Crnlmr agrees to cause such lien to be discharged withQ$en (10)
#nce with the applicable law and policy. lf tQ is not
autortilically terminate this Agreement, without further ntibe to O'' i" ,T-,'...:-. l:d
403
involving moral turpitude or felony. Failure to comply with this subsection shall constitute cause
for termination of thisAgreement.
25.2 O Cinema shall assign to the Facility a competent full{ime staff member
experienced in the operations of similar facilities, who will be located full time on-site during the
Term. The fulltime staff member will be supervised by a general manager who is experienced
in operating and managing similar facilities. From time to time the staff member may provide
assistance in connection with consulting and/or management services provided by O Cinema or
any of its Affiliates at other facilities managed, owned or leased by O Cinema or any of its
Affiliates so long as such assistance does not affect in any material respect the responsibilities
and duties of the staff member to the Facility. Prior to O Cinema's appointment of the staff
member, O Cinema shall consult with the City Mq6ger with respeqt,,le,$gOualifications of the
stafi member proposed by O Cinema. The staff r r shall be *pilffib,to the City Managpr
at all reasonable times to discuss the managenffil,'{nce of tlre Facility.
during lusiness
non-business houns in the
O Cinema shall duly coneider all such
be repbced and
replacc tre staff
member.
SECTION 26. NO ITIPROPER
O Cinema will not use, nor sufrer o*1&rmit
"ny
p"rs&i to rrc in any manner whatsoever,
the Facility for any purpose in violation of any Federal, State, County, or municipal ordinance,
rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter
enacted or adopted. O Cinema shall not use the Facility for any unlavyful purpose and shall
comply with all laws, permitting, and licensing requirements now in force or hereafter adopted,
applicable to the Facility or the activities, uses, and/or business(es) conducted on the Facility. O
Cinema agrees not to knowingly use the Facility for, or to permit operation of any offensive or
dangerous activity, nuisance or anything against public policy. Any criminal activity in the
Facility knowingly caused by or knowingly permitted by O Cinema shall result in
automatic termination of this Agreement. Except as may result from acts of force majeure, O
Cinema agrees that it will not allow the Facility to become unoccupied or vacant. O Cinema
shall take appropriate precautions to prevent fire on the Facility, maintaining existing fire
detection devices and extinguishing equipment at all times. Fire detection devices and
404
extinguishing equipment to be provided and maintained by the city.
SECTION 27. NO DANGEROUS MATERIALS.
O Cinema agrees not to use or permit in the Facility the storage of illuminating oils, oil
lamps, turpentine, gasoline (except for small containers [5 gallons or less] for machinery),
benzine, naphtha, or other similar substances, or explosives or any kind, or any substance or
thing prohibited in the standard policies of fire insurance companies in the State of Florida.
SECTION 28.NO CLAIM AGAINST CITY OFFICERS, EMPLOYEES,
INDIVIDUALS.
It is expressly understood and agreed by and between the parties hereto that all
individuals, employees, officers, and agents of the City are acting in a representative capacity
and@,tS.[heir own benq{i! aod t[at neither o Cinema nor any occupant
agffi * ny of thrg & krAfvhuals in any event whatsoever in conj
or *fies which$ re, sEcrro* .LT AiWTERMTNATION.
relafifl to the perfonnance of their duties.
by O Cinema to make any
29.1.2.2 The failure or inability by O Cinema to observe or perform any of
the covenants or provisions of this Agreement to be observed or performed by O
Cinema, other than as specified in other subparagraphs of this subsection 29.1,
which continues for more than thirty (30) days after written notice from City
Manager; provided, however, if the nature of the failure is such that more than
such period is reasonably required for its cure, then O Cinema shall not be
deemed to have committed an Event of Default if O Cinema commences the cure
within such period and thereafter diligently pursues the cure to completion and
actually completes the cure within an additional sixty (60) day period;
29.1.2.3 Except as permitted pursuant to Section 17 of this Agreement, the
assignment, encumbrance, pledge, or transfer of this Agreement, whether
405
..,, - =::. :.,''I'-:'.r 'ii:;' 3.2 s. ril:],
1 :).1 :-i:
:.'' ' ,,$[iL.1 tt #vent of .Eetautt by O Cinema occurs, then in addition to1ffiv other
,,,. -., ,,,.- .,$'|=medies $ilitaute to sty, City may exercise the following remedies, 1']j
voluntarily or by operation of law, or any subcontract of O Cinema's duties
hereunder, which continues for more than fifteen (15) business days after written
notice thereof from City Manager;
29.1.2.4 (i) The making by O Cinema of any general assignment forthe
benefit of creditors; (ii) the filing by or against O Cinema of a petition to have O
Cinema adjudged a Chapter 7 debtor under the Bankruptcy Code or to have
debts discharged or a petition for reorganization or arrangement under any law
relating to bankruptcy (unless, in the case of a petition filed against O Cinema,
the same is dismissed within sixty (60) days); (iii) the appointment of a trustee or
receiver to take possession of substantially all of O Cinema's assets located at
(60) days.
(1.a.i) City may terminate this Agreement by written notice to O Cinema,
in which case this Agreement shall terminate and O Cinema shall
immediately surrender possession of the Facility to City. Upon
termination, City shall be entitled to recover from O Cinema: (1)
Operating Expenses that remain unpaid through the date of termination;
(2) all other amounts that O Cinema is required to pay under this
Agreement through the date of termination.
(1.a.ii) City may seek specific performance of any of O Cinema's
obligations hereunder or seek injunctive relief;
406
(1.a.iii)
equity.
City may exercise any other remedies available at law or in
29.2.2The various rights and remedies reserved to City in this Agreement or
otherwise shall be cumulative and, except as otherwise provided by Florida law,
City may pursue any or all of its rights and remedies at the same time.
29.3 O Cinema's Remedies. lf an Event of Default by City occurs, then O Cinema
may exercise either of the following remedies:
29.3.10 Cinema may terminate this Agreement by written notice to City, in
which case this Agreement shall and O qryt shall immediatalY
surrender possession of the F ity. Upon ffiatign, O Cinema shall be
entitled to r?cover from City all m s owed bf City to O Cinema a* of the
termination date and the provisiot of Sftion 31 #l apply; or'...i 1..",..
i';" ;i'29.4 Late Pavments. Any payment iueo to &y or o {ihtd*{*oer this Agreement
including, without limitation, any other p"y*q&tbwed tgffiv or GGlnema under this Agreement
that is not received by City or O Cinema foil6ring notice of sucfi amount
being due shall bear interest at the rate of S% p",
"nrttl6 1'O&rtt Rate") from the date due
untiltully paid.
29.5 IN THE EVENT THAT O CINEMA CEASES TO BE A NOT-FOR.PROFIT
CORPORATION, THIS AGREEMENT SHALL BE AUTOMATICALLY TERMINATED.
sEcTroN 30. INTENTTONALLY DELETEDI
SECTION 3,l. TERMINATION.
Termination for Convenience bv Citv. The City reserves and retains the right, at its sole
option and discretion, to terminate this Agreement, without cause and without penalty,
with regard to O Cinema's rights and responsibilities with respect to the operation,
management, maintenance, promotion and marketing of the Facility, upon three
hundred sixty-five (365) days prior written notice to O Cinema.
407
31.1 Effect of Termination. ln the event this Agreement expires or is terminated for
any reason: (1) All Operating Expenses and all other obligations for the period up to the date of
expiration or termination shall be paid using funds on deposit in the account(s) described in
subsection 10.1 and to the extent such funds are not sufficient, O Cinema shall pay all such
amounts from its own funds; (2) After all amounts referenced in subparagraph (1) have been
paid, O Cinema may retain all remaining Operating Revenues (if any). Upon the expiration of
this Agreement or a termination for any reason, all further obligations of the parties hereunder
shall terminate except for the obligations which for all periods up to the date of expiration or
termination and such other obligations as are stated to survive or be performed after such
expiration or termination. All of the foregoing reimbursement and the payment obligations are to
be mldn redthin thirty (34}.daygafter the termination date. The provisions A&*bi$.$g6ligf-r- -Y^',
regmding'tl.h Sove ref and payment obligations of the City *d$f@{ie
"ti:'Upon termination or expiration of this Agr*rent O
Cirda shall suffider dl vac{ the Facility upon the effectiw date of such termh}ion (or
;..._ I n iexffition). The Scility"TIt efr rquipment and furnishings shall be retumed to thti#ity in a
goodand clean q#dition'{pnsistdwith other similar first class facilities and in compt$ce with
all 6(ivernment{*ffequirdfients, ortfrury wear and tear, and casualty loss excepted. {i
NOIrcES.i.r,:t,
A*:$Gtices from -& City to O Cinema shall be deemed duly serveo if &&iteo by
registered or certified mail to O Cinema at the following address:
Living Arts Trust, lnc d/b/a O Cinema
2401 SwansonAvenue
Miami Florida 33133
All notices from O Cinema to the City shall be deemed duly served if mailed to:
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
With copies to:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
408
Attention: Max Sklal
Tourism, Culture, and Economic Development Director
O Cinema and the City may change the above mailing addressed at any time upon giving the
other party written notification. All notice under this Agreement must be in writing.
SECTION 33. NO DISCRIMINATION.
The O Cinema agrees that there shall be no discrimination as to race, color, national
origin, religion, gender identity, sexual orientation, marital and familiar status, or disability in the
operations referred to by this Agreement; and further, there shall be no discrimination regarding
any use, service, maintenance or operation of the Facility. All facilities located on the Facility
shall be made available to the public, subject to the right of O Cinema to establish and enforce
33.1 No_.,Piscrir&ation irt &mplovment Afiirmative Action. ln
performance of work unfiF,this Agru*nent, O Cinema shall not refuse to hire,
to promote or dernote, $.t0. Olrc*r',inate in matters of compensation against, a
otherwise qualified, soleltrfilort of race, color, national origin, religion, gender i
reasonable rules and reE&hns.tp, provide for the safety, orderly operation and.,
facilities.
'9':.
SECTION 35. EOffiIL BEI.EITS FOR DOTESTIC PARTIIIERS
This Agreement ic:trbject to, rnd O Cinema shall be required to comply th the
Term hercof with, the reffiments ol$ection2-373 of the Gity Code entitled,'Requiffrentfor
city contractors to provide equal benefits for domestic partners" (as same may be amended
from time to time). The Agreement is deemed to be a "covered contract," as defined in Section
2-373(a)(6) of the City Code, and shall require O Cinema to provide its employees working
pursuant to this Agreement (whether working within the City of Miami Beach city limits, or within
the United States, but outside the City limits, if such employees are directly performing work
pursuant to this Agreement) "Equal Benefits" (as defined in Section 2-373(a)(8) of the City
Code) to its employees with spouses and its employees with "domestic partners" (as defined in
Section 2-373(a)(7) of the City Code). Failure by O Cinema to comply with the requirements of
Section 2-373 of the City Code (as same may be amended from time to time) shall be deemed
to be a material breach of this Agreement which may result in termination of the Agreement, with
all monies due or to become due under the Agreement to be returned by the City. The City may
also pursue any and all remedies at law or in equity for such breach. Failure to comply with
the
refuse
person
sexual
409
Section 2-373 may also subject O Cinema to debarment, in accordance with the procedures
provided in Sections 2-397 through 2-406 of the City Code.
I
SECTION 37. NOTA LEASE.
It is expressly understood and agreed that no part, parcel, building, structure, equipment
or space is leased to O Cinema; that this Agreement is a management agreement and not a
lease; and that O Cinema's right to operate and manage the Facility shall continue only so long
as the O Cinema complies with the undertakings, provisions, agreements, stipulations and
conditions of this Agreement.
SECTION 38. MISCELLANEOUS
38.1 VenueMaiver of Jurv Trial. This Agreement shall be governed by, and construed
in accordance with, the laws of the State of Florida, both substantive and remedial, without
regard to principals of conflict of laws. The exclusive venue for any litigation arising out of this
Agreement shall be Miami-Dade County, Florida, if in state court, and the U.S. District Court,
Southern District of Florida, if in federal court. BY ENTERING INTO THIS AGREEMENT, CITY
AND O CINEMA EXPRESSLY WAIVE ANY RIGHTS E]THER PARry MAY HAVE TO A TRIAL
410
BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
38.2 No Partnership or Joint Venture. Nothing herein contained is intended or shall be
construed in any way to create or establish the relationship of partners or a joint venture
between the City and O Cinema. None of the officers, agents or employees of O Cinema shall
be or be deemed to be employees of the City for any purpose whatsoever.
38.3 Entire Aoreement. This Agreement and all Exhibits attached hereto contain the
entire agreement between the parties with respect to the subject matter hereof and supersedes
all prior agreements, understandings, proposals or other expressions of intent with respect
tn $$hibits attafiil,-..t.!$o are incorporated into and madc a part
No gfier agrurcnts, remsentati&, warranties or other matterB, whether oral or vdien, will
: .,'{-i
be ihemed to bl$.lhe
ltLir
.'r. 38.4
in dble or in
,:This Agreement ehall not be altered, modified
executed by each of the parties herdo.
38.5
, .i; :.li,l ... . i+
,., Thft$Sreemefi.ond the rights and obligations set forth herein *hll inure
" to the bencfit of, and be binding upon, the parties hereto and eacftiof their
respective permitted successors and permitted assigns.
38.5.2 This Agreement shall not be construed as giving any person, other than
the parties hereto and their successors and permitted assigns, any legal or
equitable right, remedy or claim under or in respect of this Agreement or any of
the provisions herein contained, this Agreement and all provisions and conditions
hereof being intended to be, and being, for the sole and exclusive benefit of such
parties and their successors and permitted assigns and for the benefit of no other
person or entity.
38.6 Section Headinos and Defined Terms. The headings contained herein are for
reference purposes only and shall not in any way affect the meaning and interpretation of this
Agreement. The terms defined herein and in any agreement executed in connection herewith
respec{ to the subject matter hereof.
offiended
.:'r.ft'
;;l'ghT:ti
" iiir
+,':'l
'i"r..
,i.:i !
411
include the plural as well as the singular and the singular as well as the plural, and the use of
masculine pronouns shall include the feminine and neuter. Except as otherwise indicated, all
agreements defined herein refer to the same as from time to time amended or supplemented or
the terms thereof waived or modified in accordance herewith and therewith.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original copy of this Agreement, and all of which, when taken together, shall be
deemed to constitute but one and the same agreement.
38.7 Severabilitv. The invalidity or unenforceability of any particular provision, or part
of any provision, of this Agreement shall not affect the other provisions or parts
hereof, and this Agreement shall be construed in all respec& as {,4ffi
unenforceable povisions or parts were omitted.
',-;*38.8 Non-Waiv# A failure by either party to take any action with respff to any
default or violation by the other of any of the terms, @venants, or conditi$ of this\t:
Agreement shall not in any respect limit, prejudice, diminish, or constitut*t waiver
of any rights of such party to act with respect to any prior, contempoffius, or
rntinuation or repetfh of the
4;,.1
original violation or default.
38.9 Certain Representations and Warrantles.
38.9.1 The City represents, warrants, and covenants to O Cinema the following:
(i) City has full legal right, power and authority to enter into and perform its
obligations hereunder; and (ii) this Agreement has been duly executed and
delivered by the City and constitutes a valid and binding obligation of the City,
enforceable in accordance with its terms, except as such enforceability may be
limited by bankruptcy, insolvency, reorganization or similar laws affecting
creditors'rights generally or by general equitable principles.
38.9.2 O Cinema represents and warrants to the City the following: (i) O Cinema
has full legal right, power and authority to enter into and perform its obligations
hereunder, and (ii) this Agreement has been duly executed and delivered by O
412
Cinema and constitutes a valid and binding obligation of O Cinema, enforceable
in accordance with its terms, except as such enforceability may be limited by
bankruptcy, insolvency, reorganization or similar laws affecting creditors' rights
generally or by general equitable principles.
38.10 Governino Law. This Agreement will be governed by and construed in
accordance with the internal laws of the State of Florida, without giving effect to otherwise
applicable principles of conflicts of law.
413
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed and
their seals to be affixed; all as of this day and year first written above.
Attest:CITY OF MIAMI BEACH
Rafael Granado, City Clerk Philip Levine, Mayor
$]," ,*'., ) sS:
oF Mt&lx-DAw ) '",i
The foffiing Krumentltlvas acknowledged beforc me this of
L,2O11iW Mayor'lhtti Henera Bower and Robert Parcher, City or theirdeffit,:X*Ectively, * behalf of ihe CITY OF MIAMI BEACH, known to me t,be tne
peruoat,.dlceribed in an&who exearbd the foregoing instrument, and acknowledgdt to and
before me that they executed said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of 2014.
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
& iffir 'i,.
oF FLoW\ ,ki,f,.
-
'Y oF Mr#-DAq* ) -
rhe to#ing ffirr"nt:- -'r,2011;W
Mayorl
414
Attest:
Secretary
Print Name
STATE OF FLORTDA )
couNw oF M|AM|-DADE )
Living
Arts Trust, lnc. d.b.a O Cinema
President
Print Name
The foregoing instrument was
. :,:,:l
before me this __-;lday of
_, on behalf of Living Att Trust,
escribed in and who exefiIed the
SS:
2011, bylnc D/B/A O Clnema known to me to b*.:*re personl describgd in and who
foregoing instrument, and acknowledged to tnd before rffi that tiey executed said lilrument
for the purposos therein expressed.
WITNESS my hand and official seal, this day of 2014.
Notary Public, State of Florida at Large
Commission No.:
My Commission Expires:
415
EXHIBIT'A'
LEGAL DESCRIPTION OF THE FACILITY
TO BE UPDATED UPON COMPLETION OF A SURVEY.
LEGAL DESCRIPTION
Portion of the land occupied by Byron Carlyle Theater, more particularly described as
follows:
Lots 11, and 12, TOGETHERWITH: the east 15 feet of lots 1 and 2, all in Block 14,
NORMANDY BEACH SOUTH, recorded in Plat Book 21, at Page 54, Public Records of
Miami-Dade County, Florida, containing 14,092 square feet more or less.
416
EXHIBIT'B'
ANNUAL BENCHMARKS
O Cinema Benchmarks
. Cinema Miami Beach will operate a minimum of 5-days a week, 48 weeks a
year schedule.
o Will present no less than 500 screenings throughout the year.
. Wil! serve an anticipated 10,000 visitors per year.
o Will increase attendance by 5% annually over prior years:
o Will highlight O Cinema Miami Beach as part of our overall annual marketing
budget spend of $50K.
o Will provide Miami Beach residents with discounted-quality cinematic offerings_at
least 12 times per year.
417
EXHIBIT'C"
CITY OF MIAMI BEACH
MINIMUM MAINTENANCE SPECIFICATIONS
FOR MAINTENANCE OF THE MIAMI BEACH
BYRON CARLYLE THEATER
These minimum operating and maintenance standards are intended to be considered as a
whole and intended to provide an overall standard for the Facility. lndividual discrepancies, as
well as deviations, from any individual standard shall not be considered a default of the
Agreement; it is the intention of the parties that this Exhibit is merely a guide and that O' Cinema
is only expected to use good faith efforts to endeavor to meet the standards set forth herein. ln
the event of a conflict between the terms or conditions of the Agreement and the terms or
conditions of this Exhibit, the terms and conditions of the Agreement shall control.
PERSONNEL
1. O'Cinema shall have the sole
manager and any necessary
responsible for the overall management iHd c$ration of ffi Facility.
*ir:, .r:,5"'"2. O' Cinema shall have the sole **spoffitity
ng
genfrl overall ma of the
colristent with other first
class facilities operated by O'Cinerm
3. O' Cinema shall have the colqt*sponsibility & *ecru*.and employ persot$el as it
deems necessary for the staging and coordinating of'Everit$'and productions.
4. O'Cinema shall maintain personnel policies that assure employment practices do not
discriminate on the basis of race, color, religion, military status, marital status, physical
or mental disability, national origin, age, gender, or sexual preference.
GENERAL SECURITY
1. O' Cinema shall provide for the overall security of the Facility, including during non-
event hours.
EMERGENCY PROCEDURES
1. O' Cinema shall assign an employee and a backup employee to act as an
Emergency Liaison to the City. This individual will be required to use good faith efforts to
attend any and all meetings, held by the City, that deal with emergency situations, such
as extreme weather events, terrorist acts, etc. The Liaison will serve as the point of
contact during any emergency crisis.
'ln ";1':" '','
.- ..y1:.
- r" .t
to recruit ifd employ a fulltinfl-Ggeneral
and acrysilnting personnel.:$at are
418
2. O'Cinema shall develop and implement a Hurricane Preparedness Procedure, a copy of
which shall be provided to the City.
JANITORIAL. CLEANING AND HOUSEKEEPING
1.
2.
3.
4.
5.
6.
7.
8.
9.
1.
2.
The Facility shall be reasonably clean at all times. This includes general cleaning
during non-event times, as well as during Events.
Restrooms are to be cleaned during Events and on a periodic basis during non-event
times to assure that they are in a functional and reasonably sanitary condition.
Garbage and trash shall be removed on an as-needed basis. Trash receptacles
shall be stationed throughout the Facility.
O' Cinema shall maintain compactor, gnrbage areas, unste.e&eas, recycling ar6as,
and dumpster areas reasonably clean and,fihris free in oldrbonerply with applicable
codes.
.'t.
t ..'*:
Carpets shall be vacuumed and cleat*l dltrn'''tt:'
, 1, I .-'.l
Flooring shall be cleaned and pol
Windows shall be maintained in
needed basis.
fid cleaned on an as
Treatment for pests and rodents.*cept 6ccur on a quarterly basis as
needed to prevent infestation or as f,li.rired by
Entrance doors and mirrors shet"be maintained.h a rrlsonably clean condition and
cleaned on an as needed basis.
LANDSCAPING
lndoor landscaping shall be maintained in accordance with specifications of the type
of plant and should be watered and fertilized as the type of plant demands.
lndoor landscaping should be reasonably insect-free.
EQU I PII'I ENT MAI NTENANC E AN D G EN ERAL MAI NTE NANCE
1.Equipment shall be maintained in a good and workmanlike manner in order to maintain
in full force and effect all dealer's and manufacturer's warranties. O' Cinema shall
develop an annual schedule for equipment inspection and preventative maintenance.
Upon termination, cancellation, and/or expiration of the Agreement, O' Cinema shall
provide all records maintained in accordance with Section 5.3.4. All existing warranties
that are transferable will be transferred to the City.
2.
basis.
is.
419
3.
4
O'Cinema shall post and maintain, as required by any applicable governmental code
and/or regulation, any and all required professional licenses, certifications, and/or
permits.
O' Cinema shall maintain and inspect all building safety systems including but not
limited to: smoke, fire, and CO detector systems, backup generator operation,
emergency battery backup functions, emergency lighting, emergency egress, special
needs and blackout preparedness equipment. All building safety systems shall be
tested on at least an annual basis or as required by federal, state or local codes and
regulations, and maintained in operating condition at alltimes.
O' Cinema shall develop and implement a plan for inspection and maintenance for the
Facility's HVAC systems. This shall include inspection of all HVAC controls on a
quarterly basis to verify proper setting and operation as well as any adjustments and/or
5.
6. r...
.:..:t
;l'
,:,.-{gflhtenance that l1ny b.e-.appropriate, including, but not limited to filter
x&&fftK*:nnd/or heffi{p, proper operation of air intakesfoents, fan t[
. ,li
t&,:',t .r i ;
'11':t t.:: ,:.;r\: r,.. : ..a;i... .a_..1.].t': il -,',:.,''.1':.'','' "''
'r.:t,
O' Ciruna nas:&e sole rtponsibility of maintaining the paint on the inteffi of the
Facility.
420
EXHIBIT "D'
O CI NEMA STANDARD AGREEMENT
' ra
.tia.
-. ' - l:cl
' iri,..r
, ',r
421
EXHIBIT "E"
CITY OF MIAMI BEACH OWNED PROPERTY INCLUDED IN THE AGREEMENT
GM Office
Deck and chair
1 File cabinet
1 tall cabinet with Box office safe, and Misc. office supplies
1 shelve unite with ADA lnfrareds hearing units
1 Fax Machine ( No City Labels, Purchased by Byron Theatre)
1 Dell Computer and Monitor and mouse # 31253 CMB
Telephone
Gopy Room
1 HP Laser jet printer ( No Labels, Purchased by Byron Theatre)
1 Canon lmage Class D320 Printer ( No Labels, Purchased by Byron Theatre)
Greu Roorn
1 Miqowave
',:
TD Office *.
Derk and Chair ,:;,:
1 Smallshelve unit ;,is
1 DellComputer and Monitorand rrouse # 31254 m
Misc. office supplies. H;
Telephone
Stonge Room
Misc. TheatricalHardware Tape, Lamps, Gelan*rc on.
1 Upright Piano
1 Piano Bench
Concession Area
1 Freezer unit
1 Price board
Stage
F/oor Wenger Versalite staging, black painted cover
Stage height 2'- 8"
Front of Stage to 1st Row of Seafs; 6'
Truss height:18'- 8" (bottom)
Stage Depth: PL to BS Wall: 29'Total stage depth: 30'
Proscenium: 34'wide x 13'- 6" tall
Wings: Distance from on stage leg to off stage wall: 8'- 6"
Approx.6'between legs
Soft goods: 1 grand curtain with valance
4 per side black velour legs (Legs: 6'- 3" width)
5 borders (5'height)
Upstage Black traveler
white seamless cyclorama.
422
Rigging:
Line ltem @(DS Edge) Note
1 Grand teaser 1'- 4" Dark Blue colored
2 Main Curtain 2'- 0" Dark Blue, manual SL pull
3 Electric 1 3'- 9" Motorized (Trim 17'- 9")
4 Black Border 7'- 0" Dead Hung (Trim 13'- 7")
5 Electric 2 9' - 7" Motorized (Trim 17'- 9")
6 Black Border 13'- 5" Dead Hung (Trim 13'- 7")
7 Electric 3 16'- 3" Motorized (Trim 17'- 9"
I Black Border 19'- 6" Dead Hung (Trim 13'- 7")
9 Electric 4 23' - 7" Motorized (Trim 17'- 9") DEAD HUNG AT THIS TIME
10 Black Border 25' - 9" Dead Hung (Trim 13'- 7")
11 Black Scrim 26'- 11" Dead Hung
12 Electric 528' - 6" Motorized (Trim 17'- 9") DEAD HUNGATTHIS TIMEi, Li$ner2S -6 conItSL
i+ (lffidnr$ - o Deao'llung
aa'
1l(Vv 7$r 7.5
750 7.5 x 7.5
750 7.5x7.5
HPL 575 7.50 x 7.50
HTP t000 16 x 15.5 6
15
19
22
20
8-
8-
18
boom
, saddleqgrle
40-
40 - 10'SPG cable
12 - 5' SPG cable
24 - 12" side arms
40 - SPG Twofers
8 - Pattern holders
Gontrol:
96 - 2.4k ETC SensorPlus dimmer/circuits
ETC Express 250 (version 1.02) w/ color monitor
Sound inventory:
House Speakers:
Left and Right mains (JBL MP215 15" 2 WAY SPEAKER)
Stage Monitors:
2 Community 12" Two Way Wedges
Control:
Mackie 5R244-2 VLZ Pro Mixing Console
1 DENON DNC 615 CD Player
423
1 - Smart TCX624ATime-phase correctbn Electronic,ffiver1D,olbyCP6sDProcessor. 8 .iiSpetters Xl. ':lif ',r,
3 - $age speakers set up for 3 way reprcduction; Lc,to nffiange via
Smart crossover ard mid to high range via passive qftssovffi .2KHZ). ,;',1;;i;
Bass = Dual 15 inch woofer. Mirl = 12 inch horn loild. .;"; :
High = horn loaded i ",i :-, ' '':1,'::r;r
JBL 4639 ,.rr' J*t ,,o
Hom - JBL 125-300G01 .:ji;, ,,. r ;a1f.g$ , ;,rii
(1) 35mm film splicer 3i,.. i::t, ,,,,'
Vidco Prcloclorc 1,., i. j rl
1 Proxima Desktop 9290 I .''rrtl
Accessories:
Selection of microphones including SM 57 SM 58
24 channel snake (SR)
Porta-Com headset system, sound/lighU SL, SR
Cinema equipment
Screen dimensions
14X30
35mm equipment
Projector
('t)Kinoton PK60D
Three lens turret for 1.66/1 .8512.35 Scope format." ???
(1 )Strong Highlight ll Type 72000-01
Watts????
(1) Christie Autowind 3 three deck film platter & makeup tableAudlo&ck :i'
OTHER
4 Easels
Stanchions
Red Ropes
Curved Serving Tables
6ft. Tables
8ft. Tables
6ft. Ladders
1 Oft Ladders
1Oft. Wooden Ladder
18
11
4
3
2
2
2
1
424
.:
1-]
:ttar'
1
1
1
2
3
2
1
2
't"!i-1L:.::.::, .'...
':', i
'
*,,.
,'.j
{:.
tr
tl ,,
ilg
i,':i
'*,
&*,'
.itri'o '
,,ir'.'"'.,
14tt. A Ladder with Extension
Geni Lift
Carpet Cleaner
Vacuums (934) (943)
Sets of pickups and brooms
Dust Mops
Cement Push Broom
Push Brooms
. Mop bucket and ringer
:tlj.,.
'lk&s
Lff Trash Bin on wheels
Ra&*hairs
li ,l,..Bl4*'Chairs
Ldilbr Units (3 each)
.1r .r'ffilll Fridge
,:*taintenan@ Cart
S/N: 0900023421
:'.; ;
1.
Assorted Cleaning supplies and paint.
425
THIS PAGE INTENTIONALLY LEFT BLANK
426
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution authorizing the Mayor and City Clerk to execute the First Amendment to ATM Lease between the
City and SunTrust Bank, dated June 30, 2009, for the premises located at 1700 Convention Center Drive,
Miami Beach, Florida; said amendment approving Tenant's sole renewal option for a period of four (4) years
and three hundred sixty four (364) days, retroactively, commencing August 1,2014 and ending July 30,2019;
and further the relocation of the ATM to 1755 Meridian Avenue, First Floor, Miami Beach, Florida.
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
ltem Summary/Recommendation :
On September 5,2007, the Mayor and City Commission passed Resolution 2007-26614, accepting the City
Manager's recommendation pertaining to the ranking of proposals pursuant to RFP 37-06107 for banking
services, and authorizing the administration to enter into negotiations with top-ranked proposer, SunTrust
Bank. The RFP required the winning bidder to install an ATM machine, in City Hall, at no charge to the City.
On May 13,2009, the Mayor and City Commission passed Resolution No.2009-27074, approving an ATM
Lease Agreement between the City and SunTrust Bank, for use of approximately sixteen (16) square feet of
City-owned property, located at 1700 Convention Center Drive (City Hall), Miami Beach, Florida for an initial
term of five years, with an additional renewal term of four (4) years and three hundred sixty four (364) days.
ln December 2012, the City and Tenant mutually agreed to relocate the ATM machine to 1755 Meridian
Avenue, First Floor, in order to better accommodate the needs of employees and residents at the Customer
Service Center. Said relocation shall be acknowledged as part of the renewal amendment.
The ATM Lease contains one (1) renewal option, for a period of four (4) years and three hundred sixty four
(364) days, retroactively commencing August 1, 2014 and ending July 30, 2019.
Since Tenant is required to provide the ATM machine at no cost to the City, and since the ATM machine is a
benefit to the employees and residents of the City, the Administration recommends the approval of the First
Amendment to ATM Lease between the Citv and SunTrust Bank.
Financial lnformation :
Max Sklar, ext. 6116
T:\AGENDA\2014\September\Suntrust ATM SUM (9-1 0-1 4).docx
AGENDA neu C7[/E MIAMIBEACH olrre ?-/0-u427
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch, Florido 33.139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAYORIAND CIry COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST
AMENDMENT TO ATM LEASE BETWEEN THE CITY AND SUNTRUST
BANK (TENANT), DATED JUNE 30, 2009, FOR THE PREMISES
LOCATED AT 17OO CONVENTION CENTER DRIVE, MIAMI BEACH,
FLORIDA (CITY HALL); SAID AMENDMENT ACKNOWLEDGING
TENANT'S EXERCISE OF ITS SOLE RENEWAL OPTION, FOR A
PERTOD OF FOUR (4) YEARS AND THREE HUNDRED SIXTY FOUR
(364) DAYS, RETROACT|VELY, COMMENCTNG AUGUST 1, 2014 AND
ENDING JULY 30, 2019; AND FURTHER RETROACTIVELY
APPROVING THE RELOCATION OF THE ATM MACHINE FROM GITY
HALL TO 1755 MERIDIAN AVENUE, FIRST FLOOR, MIAMI BEACH,
FLORIDA.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
On September 5, 2007, the Mayor and City Commission passed Resolution 2007-26614,
accepting the City Manager's recommendation pertaining to the ranking of proposals pursuant
to RFP 37-06107 for banking services, and authorizing the administration to enter into
negotiations with top-ranked proposer, SunTrust Bank. The RFP required the winning bidder to
install an ATM machine, in City Hall, at no charge to the City.
On May 13,2009, the Mayor and City Commission passed Resolution No.2009-27074,
approving an ATM Lease Agreement between the City and SunTrust Bank, for use of
approximately sixteen (16) square feet of City-owned property, located at 1700 Convention
Center Drive (a/k/a City Hall), Miami Beach, Florida for an initial term of five years, with an
additional renewal term of four (4) years and three hundred sixty four (364) days, at the City's
sole discretion.
ANALYSIS
ln Decembet 2012, the City and Tenant mutually agreed to relocate the ATM machine to 1755
Meridian Avenue, First Floor, in order to better accommodate the needs of employees and
residents at the Customer Service Center. Said relocation shall be acknowledged as part of the
First Amendment to ATM Lease, attached hereto and marked "Attachment 1".
Mayor Philip Levine and Members { the City Cofnmission
Jimmy Morales, City Manager
September 10,2014
428
Commission Memorandum
SunTrust ATM Amendment
September 10, 2014
Page 2 of 2
The ATM Lease contains one (1) renewal option, for a period of four (4) years and three
hundred sixty four (364) days, retroactively commencing August 1,2014 and ending July 30,
2019.
As provided by Tenant, below is the ATM machine transaction volume for the twelve (12)
months ending July 31 ,2014.
Month
Jul-14
Jun-14
May-14
Apr-14
Mar-14
Feb-14
Jan-14
Dec-13
Nov-13
Oct-13
Sep-1 3
Aug-13
Foreign
Transactions
28
42
29
20
40
36
33
39
40
50
41
35
SunTrust Total
Transactions Transactions
30
27
19
I
17
17
22
18
22
23
24
20
58
69
48
29
57
53
55
57
62
73
65
55
Average Transactions 36 21 Sl
As compared to a typical SunTrust ATM machine, the figures above represent a low volume of
transactions and Tenant claims to be losing money by providing this machine at no cost to the
City. However, pursuant to RFP 37-06107 for banking services, SunTrust Bank is required to
provide an ATM machine, in the City, at no charge to the City.
CONCLUSION AND RECOMMENDATION
Since Tenant is required to provide the ATM machine at no cost to the City, the Administration
recommends the approval of the First Amendment to ATM Lease, providing for the retroactive
approval of the Lease renewal and relocation of the ATM machine, in order to continue to
;JfiJj]
*', services at a more convenient rocation
T:\AGENDA\2014\SeptembeASuntrust ATM MEMO (9-1 0-14).docx
429
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THE FIRST AMENDMENT TO ATM LEASE
BETWEEN THE CIry AND SUNTRUST BANK (TENANT), DATED JUNE 30,
2009, FOR THE PREMISES LOCATED AT 17OO CONVENTION CENTER DRIVE,
MIAMI BEACH, FLORIDA (GITY HALL); SAID AMENDMENT ACKNOWLEDGING
TENANT'S EXERCISE OF ITS SOLE RENEWAL OPTION, FOR A PERIOD OF
FOUR (4) YEARS AND THREE HUNDRED StXTy FOUR (364) DAYS,
RETROACTIVELY, COMMENGING AUGUST 1, 2014 AND ENDING JULY 30,
2019; AND FURTHER RETROACTIVELY APPROVING THE RELOCATION OF
THE ATM MAGHINE FROM CITY HALL TO f755 MERIDIAN AVENUE, FIRST
FLOOR, MIAM! BEACH, FLORIDA.
WHEREAS, on September 5, 2007, the Mayor and City Commission passed Resolution 2007-
26614, accepting the City Manager's recommendation pertaining to the ranking of proposals
pursuant to RFP 37-06107 for banking services, and authorizing the administration to enter into
negotiations with top-ranked proposer SunTrust Bank, and
WHEREAS, the RFP required the winning bidder to install an ATM machine, in City Hall, at no
charge to the City, and
WHEREAS, on May 13, 2009, the Mayor and City Commission passed Resolution No. 2009-
27074, approving an ATM Lease Agreement (Lease) between the City and SunTrust Bank, for use
of approximately sixteen (16) square feet of City-owned property, located at 1700 Convention
Center Drive, Miami Beach, Florida for an initial term of five years, with an additional renewal term
of four years and three hundred sixty four (364) days; and
WHEREAS, Tenant has provided the City with the requisite notice of its intention to exercise its
sole renewal option, pursuant to Section 3(b) of the Lease, for the renewal term commencing
August 1, 2014 and ending July 30, 2019, and
WHEREAS, in December 2012, the City and Tenant mutually agreed to relocate the ATM
machine to 1755 Meridian Avenue, First Floor, in order to better accommodate the needs of
employees and residents at the Customer Service Center; and
WHEREAS, the Administration is recommending that the Mayor and City Clerk execute the
First Amendment to ATM Lease, providing for the retroactive approval of the Lease renewal and
relocation of the ATM machine, in order to contlnue to provide the public with ATM services at a
more convenient location.
lr NTENTTONALLY LEFT BLANKI
430
NOW, THEREFORE, BE !T DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby authorize the Mayor and City Clerk to execute the First Amendment to ATM Lease between
the City and SunTrust Bank (Tenant), dated June 30, 2009, for the premises located at '1700
Convention Center Drive, Miami Beach, Florida (City Hall), as attached hereto and incorporated
herein as "Attachment 1"; said amendment acknowledging Tenant's exercise of its sole renewal
option, for a period of four (4) years and three hundred sixty four (364) days, retroactively,
commencing August 1, 2014 and ending July 30, 2019; and further retroactively approving the
relocation of the ATM machine from City Hall to 1755 Meridian Avenue, First Floor, Miami Beach,
Florida.
PASSED and ADOPTED this day of 2014.
ATTEST:
Rafael Granado, Clry CLERK
T:\AGENDA\2014\September\Suntrust ATM RESO (9-1 0-1 4).docx
Philip Levine, MAYOR
,6F[rgHRSgIg,
FqR EXECUTTON
I ) -,1-
-
Dote
431
Attachment 1
FIRST AMEIYDMENT TO ATM LEASE
THIS FIRST AMENDMENT TO ATM LEASE (this'Amcndmcntu), dated effective
as of the day of huly,20t4 ("Effective Date") betwecn CITY OF MIAMI BEACE, a
Florida nr,--i"ipa
-*rporutior, ('Landlord"), and SUNTRUST BAM( a Georgia banking
corporation ("Tenant"), recites and provides:
BE9IIAIE:
A. By ATM Lease dated as of June 3,2OOg (the *Lease"), Iandlord lege{ to Tenant
and Tenant leascd from Landlord those certain premises containing approximately.sixteen (16)
rqro" f*t of space f6re 'itttites") in the building known as Miami Beach City Hall and
located at 1700
-Couvention
Center Drive, Miami Beach, F.lorida 33139 (the "Building'), uPon
the terms and conditions set forth therein.
B. On or about February 213,2012, the ATM was rclocatcd from the Premises to a
different buitding.
C. The current term of the I*ase is sctreduled to expire on July 31, 2014.
D. Landlord and Tenant now desire to amend the Lcase to reflect the new location of
the ATM and to extend the term of the Lease, all as morc particularly described below'
AMEITIDMENT:
FOR and in consideration of the mutual covenants and agreements contained herein and
other good and valuable consideration, the rcocipt and sulEciency of which are hereby
actnowteOgea, Iandlord and Tenant hercby agrce as follows:
l. Definitions: Recitals. Unlcss specifically defined berein, all eapitalizcd tenns
uscd in this Amendment shall havc the meanings set f;rttt in the Lease' The recitals lo this
Amendment are hercby incorporated into and made a part of this Amendment'
Z. Ameudmcnts to kase. Iandlord and Tenant hereby emend thc Lease as follows
effective as of ttre gtrective Date, unless othenviseprovided hercin:
a. Relocation of Premises: Section l(a) of the Lease shall be amended o
provide that the premiscs *dcr ttle Lease
-have
been reiocated to that certain space, having
ipproximatety sixteenii6, tquutt feetgf qpTe, where the ATM is currently situated on the first
iirt) n*r, in tt e to"ution moi" partirutarly shown on Exhibit A attached hereto and incorporated
432
herein by r-eference (the "Relocation Space") of that certain building located at 1755 Meridian
Avenue. Miami Beach, Florida 3313i C'Relocated Building") for the installation, operation,
maintenance, replacement and removal of one (l) automated teller machine, or any other similar
machine or terminal (*ATM"). The parties hereto acknowledge and agree that Tenant has
previously surrenderedpo..o.ion of thi original Premises to Landlord in the condition required
Ly the Lease and Tenant shall have no further right, title or interest in or to the original Premiscs.
All relbr-ences to the Premises in the Lease and this Amendment shall be deemed to be references
to the Relocation Space; and all references to the Building in the Lease and this Arnendment
shall be deemed to be retbrences to the Retocated Building. Landlord hereby approves Tenant's
current improvements to the Relocation Space.
b. Tenant hereby exercises its option under Section l(f) of thc Lease to
extend the term of the Lease for the Renewal Tenn which shall commence on August 1,2014
and expire on July 30, 2019 on the same terms and provisions as set lbrlh in the lease. Landlord
hcrcbyacknowtedges and accepts Tenant's exercise of its option to extend the lerm of the Leasc
for the Renewal Term.
c. Exhibit A attached to the original Lease is hereby deletcd in its entirety
and replaced with Exhibit A attached to this Amendment.
d. f'enant's Address: Effective as of the date of full execution of this
Amendment, Section l(h) of th" L"us. is hereby amended and rcstated in its antirety to read as
follows:
'.Tenant's adcrress: sunTrust Bank
200 Souttr Orange Avenue
Mail Code: 2032; SOAB-3
Orlando, Florida 32801
Attn: CorPorate Real Estate
Phone: (407)237-5208
Fax: (407) 237-1718
3. Ratification. Except as expressly amended hereby, the Lease is hereby ratified
and confirmcd and remains in full force and effect. In the event of any inconsistency between the
temrs of rhe Lease and this Arnendment. the terms of this Amendment shall in all cases govern'
4. Brokerase Comnrission. Each party repr€sents and warrants that it has nol
engaged the services "f .r' d""lt *ith any brokcr, salesperson or oiher entity who may claim a
.o**ittiun or othet' paynent in conjunction with this Amendment' Each parfy aglees to
indemnify, defend and [old the othci harmless from and against all loss, claims, costs and
expenses-(including attomeys' fees) caused by a breach of the foregoing rcpresentation'
5. Authorization. Each party represents and warrants to the other that lhis
Amendment has been duly authorized, eiecutid and delivered by all necessary action on its
behalf, constitutes the vatid and binding agreement of such party and is enforceable in
accordance with its tentls. Landlord represents and warants to Tenant that (i) there are no
433
rnortgages or cfeeds of trust encumbedng the Premises which requirc the beneficiary of such
*ort!"!. or deed of nust to consent to this funendment, and (ii) Landlord is the sole owner of
tte sln:pte title to the Premiscs and the landlord under the [rase and there is no other person or
entity who has an ownership interest in the Premises or the lrase or whose consent is required to
this Amendment.
6. Successors and Assisns. This Amendmenl shall inure to the benefit of, and be
binding rpon, thi parties hereto and their respective heirs, personal representatives, successors
and assigns.
j. Entire Agreement. This Amendment, together with the Lease, constitutes the
entire agreern*t Urnu6 tt. parties hercto with respect to the subject matter hereof and
supersedles all prior discussions, rmderstandings, agreements and negotiations between the parties
hereto. This Amendment and the Lease nriy be modified onty by a written instrument duly
executed by the parties hereto.
8. Governine law. This Amendment shall be construed and enforced in accotdance
with the tu*, nf th".i*it.ti* in which the Premises arc located, without regard to principles of
conflicts of laws.
g. Countenrarts. This Amendrnent may be executcd in two or mole coulrteryarls'
each of which shall Ue deemect an original and which together shall constitute one and the sarne
instrumeil.
10. Except as amencled herein, all other terms and conditions of the Lease shall
remain unchanged and in full force and effect'
ISTGNATIIRES ON FOLLOWING PAGEI
434
IN WITNESS WHEREOF, Landlord and Tenant have executed or caused this
Amendment to be executed on their behalf by their duly authorized representatives as of the date
set forth above.
1VITNESSES:
CITY CLERK:
By:
111,,,'-Eafad E. Granado
WITITTE.SSES:
**"y
By, frr4//4/
Thomas
First Vice
APPROVED AS TO
FORM & LANGUAGE
-1
(rr--( fVt-o,
Name: C**-o/ \/d,iAz-
aitc.. / ; S
Nane: //r/s* #frat*kz
LAITTDLORD:
CITY OF MIAndI BEACII, a
Florida municipal corPoration
Philip Levine
Name:
Title:
Date:
Mayor
TENANT:
SUNTRUST BANK a Georgia banking
FLo f 7{5 Tirsl Ameodmeot to ATM Lc'as(5).du
435
Replacernent Exhibit A
(the "Premises")
436
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To
Discontinue Nightlife lndustry Task Force Forums And Directing The City Administration To Hold A Series Of
Public Workshops For lndividuals lnterested To Discuss And Provide lnput Regarding The City's Nightlife
lndu
Streamline The Delivery of Services h All Departments.
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey showed 600/o of
Businesses and 58% of Residents stated the City is doing an excellent or good job in meeting expectations
with services.
Item Summary/Recommendation :
The Nightlife lndustry Task Force ('NITE') was originally established in 2001 to advise the City Manager on
nightlife issues and to provide a forum to address quality of life issues affecting our residents, as a result of the
City's popularity. The NITE also strived to enhance communication and cooperation between the Nightlife
lndustry and the Administration and was to provide more specific trends impacting the industry and creating a
mechanism to quickly and proactively address issues. The Task Force has been meeting on an as needed
basis since 2001.
The City Commission referred this item to the Finance and Citywide Projects Committee on June 11,2014.
The Finance Committee discussed this matter at their June 20, 2014 meeting. The Committee provided
administration direction to do a series of open forum workshops to engage those individuals that are interested
in providing real input and discussion of the nightlife industry taskforce. The Committee decided to allow the
Nightlife lndustry Taskforce to sunset without action.
The Finance and Citywide Projects Committee recommended allowing the Nightlife lndustry Task Force to
sunset and directing the Administration to host annual open forums providing the nightlife industry with the
Financia! lnformation:
Financial lmpact Summary:
Max Sklar, ext. 6116
T:\AGENDA\2014\SeptembeATCED\FCWPC Recommendation Nightlife Task Foce SUMM.doc
AGENDA 11ss1 C7 V
oor;-q-E MIAMIBEACH 437
E MIAMIBEACH
Clfy of Miomi Beoch, 'l 700 Conveniion Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
September 10,2014
A RESOLUTION OF THE MACITY OF MIAM! BEACH, FLORIDA,
RECOMMENDATION OF THE FINANCE AND
COMMITTEE AT ITS MEETING ON JUNE 20,
NIGHTLIFE INDUSTRY TASK FORCE.
TO:
FROM:
DATE:
SUBJECT:
the C
AND CITY COMMISSION OF THE
ACCEPTING THE
CITYWIDE PROJECTS
2014 TO SUNSET THE
ADMI NISTRATION RECOMMENDATION
Accept the recommendation of the Finance and Citywide Projects Committee allowing
the Nightlife lndustry Task Force to sunset and directing the Administration to host
annual open forums providing the nightlife industry with the ability to provide input.
BACKGROUND
The Nightlife lndustry Task Force ('NITE') was originally established in 2001 to advise
the City Manager on nightlife issues and to provide a forum to address quality of life
issues affecting our residents, as a result of the City's popularity. The NITE also strived
to enhance communication and cooperation between the Nightlife lndustry and the
Administration and was to provide more specific trends impacting the industry and
creating a mechanism to quickly and proactively address issues. The Task Force has
been meeting on an as needed basis since 2001.
The City Commission referred this item to the Finance and Citywide Projects Committee
on June 11, 2014. The Finance Committee discussed this matter at their June 20, 2014
meeting. The Committee provided administration direction to do a series of open forum
workshops to engage those individuals that are interested in providing real input and
discussion of the nightlife industry taskforce. The Committee decided to allow the
Nightlife lndustry Taskforce to sunset without action.
CONCLUSION
The Administration recommends accepting the Finance and Citywide Projects
Committee recommendation.
fr)JLM/KG5/MAS
T:\AGENDA\2014\SeptembeATCED\FCWPC Recommendation Nighflife Task Foce.doc
438
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJEGTS
COMMITTEE TO DISCONTINUE THE NIGHTLIFE INDUSTRY TASK
FORCE FORUMS AND DIRECTING THE CITY ADMINISTRATION TO
HOLD A SERIES OF PUBLIG WORKSHOPS FOR INTERESTED
INDIVIDUALS TO DISGUSS AND PROVIDE INPUT REGARDING THE
GITY'S NIGHTLIFE INDUSTRY.
WHEREAS, the Nightlife lndustry Task Force ('NITE') was originally established in 2001 to
discuss nightlife issues and to provide a forum to address quality of life issues affecting our
residents; and
WHEREAS, NITE also strived to enhance communication and cooperation between the
Nightlife lndustry and the Administration, and to discuss specific trends impacting the industry; and
WHEREAS, NITE forums have been held on an as-needed basis since 2001; and
WHEREAS, on June 11,2014 the City Commission referred a discussion regarding NITE to
the Finance and Citywide Projects Committee; and
WHEREAS, the Finance and Citywide Projects Committee discussed this matter at its June 20,
2014 meeting and recommended the discontinuance of the NITE forums and directed the
Administration to hold a series of public workshops to engage those individuals who are interested
in providing input and to discuss of the City's nightlife industry.
NOW, THEREFORE, BE !T DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance
and Citywide Projects Committee to discontinue the Nightlife lndustry Task Force forums and direct
the City Administration to hold a series of public workshops for interested individuals to discuss
and provide input regarding the City's nightlife industry.
PASSED and ADOPTED this day of 2014.
ATTEST:
Rafael E. Granado, CITY CLERK Philip Levine, MAYOR
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\20'14\SeptembeATCED\FCWPC Recommendation Nightlife Task Force RESO.doc
qh-l\Nl+bote
439
THIS PAGE INTENTIONALLY LEFT BLANK
440
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Florida, adopting the
updated Cultural Affairs Program strategic plan, including modifications to the Community Benefit
Fund rent waiver program and the capping of the fund balance, but not including the release of CAC
Endowment funds.
Maximize the Miami Beach Brand as a World Class Destination.
Supporting Data (Surveys, Environmental Scan, etc.): Two out of three residents (65%)
believed the City offered the right amount of cultural activities, while 30% said there were too few.
The percentage of residents who believe there are too few cultural activities has increased from
24o/o in 2009 to 30o/o in 2014.
Item Summary/Recommendation :
The FCWP Committee recommended that the Administration cap the Cultural Affairs Program's fund
balance at its current level of $2,640,184 and include an annual increase for inflation. lf necessary
these funds could adequately cover the expenses of the Cultural Affairs Program for two years.
Funds remaining in the CAP budget at the end of each fiscal year would be added to the CAC's grant
budget for the following fiscal year. The Committee also approved changes to the Fillmore
Community Benefit Fund rent waiver program, including a requirement that rent waiver recipients be
required to offer free or discounted tickets to Miami Beach residents. The number of rent waivers
available annually would increase from 12 to 24, with the additional 12 waivers restricted to live
theater productions. Waivers for use of the smaller 'Backstage" theater would require recipients to
cap ticket prices at $19, inclusive of all house and Ticketmaster surcharges. The Committee did not
approve the CAC's request to release the CAC Endowment Fund to support three annual Sleepless
Night events.
It is recommended that the City Commission adopt the ic olan as indicated.
The CulturalArts Council aporoved the draft on March 6.2014
Financial lnformation :
OBPI
Clerk's Office
Max A. Sklar, Ext. 6116
T:\AGENDA\20 1 4\September\TCED\CAP Strategic Plan FCWPC Recommendation SUMM.docx
AGEnDA fiEn C7/4/E MIAMIBEACH i^rE q-/o'/y441
g MIAMI BEACH
TO:
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
I
Mayor Philip Levine and Members of lhe City Com
FRoM: Jimmy L. Morales, City Manager $
i
September 10,2014 t I
I
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS
DATE:
SUBJECT:
OF THE FINANCE AND GITYWIDE PROJECTS COMMITTEE TO ADOPT
AN UPDATED STRATEGIC PLAN FOR THE CULTURAL AFFATRS
PROGRAM, INCLUDING AN INCREASE IN THE NUMBER OF
COMMUNITY BENEFIT FUND RENT WAIVERS AND THE GAPPING OF
THE ANNUAL FUND BALANCE AT $2,640,184 WITH AN ANNUAL
INCREASE FOR INFLATION, BUT NOT INCLUDING UTILIZING THE
CULTURAL ARTS COUNCIL ENDOWMENT FUND TO FUND SLEEPLESS
NIGHT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The Cultural Affairs Program is funded by interest earned from the Miami Beach
Convention Center Capital Fund, the GMCVB (per contract), Resort Taxes and Quality
of Life funds.
ANALYSIS
The Cultural Affairs Program (CAP) in the Department of Tourism, Culture and
Economic Development serves as an invaluable resource for the Miami Beach
community and beyond. Working closely with the Miami Beach Cultural Arts Council
(CAC), the 11-member advisory board founded in 1997, CAP sustains, develops and
supports the arts in Miami Beach for the enjoyment, education, enrichment and benefit
of residents and visitors.
Since 1997 the City has awarded morethan $10 million to approximately 130 nonprofit
arts groups through its annual cultural grants program. Further, CAP partners with the
Miami Beach Visitor and Convention Authority to award grants to projects that generate
substantial cultural tourism.
CAP also provides active marketing assistance to individual cultural events and
institutions, and markets Miami Beach as a cultural destination; supplementary arts
education programs (since 2006) in Miami Beach schools and parks, serving more than
3,000 students annually; oversight of City-owned cultural facilities; and free outdoor arts
programming through Arts in the Parks (since 2006), Sleepless Night (2007, 2009 and
2011) and SoundScape Cinema Series (since 2011).
CAP staff met with the CAC Budget Committee on October 15, 2013 to formulate
strategies and goals for a new strategic plan. The Committee's proposals were
discussed by the CAC at its meetings on November 7 and December 12,2013, and
442
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,2014
Page 2 of 6
This item was discussed at the May 20,2014 Finance and Citywide Projects Committee
meeting and the staff was directed to provide more detail at the July meeting.
Discussion continued at the July 18,2014 meeting, where it was recommended that the
CAC Endowment use be scaled back to one event and brought back to the FCWPC
Budget Briefing meeting on August 15,2014.
Two other recommendations from the CAC were approved by the FCWP Committee on
July 18th. The Committee recommended that the Administration cap the Cultural Affairs
Program's fund balance at its current level of $2,640,184 and include an annual increase
for inflation. lf necessary these funds could adequately cover the expenses of the
Cultural Affairs Program for two years. Funds remaining in the CAP budget at the end of
each fiscal year would be added to the CAC's grant budget for the following fiscal year.
The Committee also approved changes to the Fillmore Community Benefit Fund rent
waiver program, including a requirement that rent waiver recipients be required to offer
free or discounted tickets to Miami Beach residents. The number of rent waivers
available annually would increase from 1 2 to 24, with the additional 12 waivers restricted
to live theater productions. Waivers for use of the smaller 'Backstage" theater would
require recipients to cap ticket prices at $19, inclusive of all house and Ticketmaster
surcharges.
Discussion continued at the FCWPC Budget Briefing on August 13, 2014, at which time
the Committee recommended against releasing the Cultural Arts Council Endowment
Fund to support three annual Sleepless Night events. Staff was directed to consult
further with the Cultural Arts Council to recommend other proposed uses for the
Endowment Fund.
CONCLUSION
The Mayor and City Commission should adopt the Cultural Affairs Program Strategic
Plan, including the increase in Community Benefit Fund rent waivers and the capping of
the annual fund balance, but not including the release of the CAC Endowment Fund. -
JLM/KGB/MAS/GF
F:\INFO\$ALL\Gary F\Commission Docs\CAP Strategic plan Memo, Reso and Summary.doc
443
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,2014
Page 3 of 6
Exhibit "A"
CulturalAffairs Program Strategic Plan draft
To ensure that the needs and aspirations of the community
future, CAP would concentrate on four areas:o Variety of cultural activities, opportunities and facilitieso Growth of citizen participation, particularly among
are met moving into the
underserved and special
needs populations. Partnershipdevelopmentr Value for all ages and ethnicities
Since funding is key, CAP staff will work to increase grant funding and to identify new
revenue streams, both from within the City (dedicated Quality of Life funding, Community
Benefit Fund, Art in Public Places Fund) and without. CAP's current annual budget is
$1,153,000, funded by the Greater Miami Convention and Visitors Bureau (per
contract), Resort Taxes and Quality of Life funds. CAP currently has two restricted
funds: a CAC endowment fund of $1,581,873, and a CAP Fund Balance in the amount
of $2,640,184. The endowment fund was created by the CAC in an optimistic attempt to
become self-sufficient, but no contributions to it have been made in several years. The
Fund Balance serves as a "rainy day" fund to ensure that CAP operations and grants
can continue in the event of a disastrous tourism year; it grows at the end of each fiscal
year from leftover balances in CAP budget line items (unclaimed grants, excess
marketing dollars, etc.) Revenue sources from outside the City could include corporate
sponsorships and grants from government and private granting agencies and
foundations.
PROPOSED STRATEGIES AND GOALS
Grantso lncrease funding for our existing cultural assets, particularly our Cultural Anchors. Based on the success of the Byron bonus, North Beach lnitiative, and Fresh Air
Fund programs, craft further proactive grant programs to fulfill specific cultural
needs (live theater for example), reach targeted age groups and ethnicities, and
provide free programming in various parts of the City
Marketing. Expand social media marketing efforts. Continue to refine mbculture.com website and mobile websiteo Continue paid marketing efforts to direct people to websites and to promote
subscriptions to the weekly e-blast and the text messaging serviceso Reinstate Sleepless Night or a similar large-scale, major, annual, City-funded
cultural festival that attracts global attentiono Facilitate enhanced partnership with the hospitality industry
Education. Expand in-school and after-school arts instruction at City schools, parks and
youth centers through additional funding and/or corporate partnershipso Facilitate hands-on arts instruction programs for resident adults
444
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,2014
Page 4 of 6
Cultural Facilities. Continue to facilitate the relationship between the City and the Friends of the
Bass Museum
. Propose expanded use agreement for Carl Fisher Clubhouse and Little Stage
Theater to allow for more diverse cultural offerings for the communityo Manage the Community Benefit Fund Rent Waiver Grants program for the
Fillmoreo Manage the SoundScape Wall Use Grants programo Facilitate a "youth only" exhibition and performance spaceo Encourage the city to set aside 20% of retail space in city garages for nonprofit
arts uses
Arts in the Parks. Expand offerings of live outdoor performances citywideo lncrease SoundScape Cinema Series screenings and digital art projectionso Promote local, resident-driven events and festivals to coincide with the
residencies of major international trade shows for music, visual arts, etc
Additional Servicese Create a detailed, user-friendly manual to guide cultural providers through City
processes, especially the Special Events Permit processo Create an up-to-date cultural asset inventory, including both permanent venues
and appropriate temporary performance/exhibition locations. Maintain a Cultural Tourism calendar in cooperation with the GMCVB and
MBVCAo Arrange with outside providers to create affordable equipment rental packages to
transform indoor and outdoor spaces for performers
FUNDING
As previously mentioned a substantial amount of existing funding could be made
available to CAP to realize these goals and strategies and strengthen Miami Beach's
position as the preeminent culturaltourism destination in Florida.
ENDOWMENT
The original CAC created an endowment fund in 1998 with the thought that it would
eventually grow large enough to provide enough income to fund the annual cultural
grants program. From 1998 through 2001 the CAC contributed $200,000 annually. ln
2002 $160,000 was contributed. The following year, due to decreased revenues from
resort tax, no contribution was made. $50,000 was contributed in 2004, and $100,000 in
both 2005 and 2006. Since that time no further contributions have been made, despite a
significant increase in Resort Tax Quality of Life funding, since the CAC and the
Administration agreed that greater public benefit would result from utilizing all available
funds for grants and other cultural programming. The current balance of the endowment
fund is $1,581,873. CAC feels that it is highly unlikely that this fund could ever grow
large enough to provide a useful source of income, and proposes liquidating the
endowment over a three-year period to cover increased programmatic expenses for
Sleepless Night and other free outdoor programs. Unforeseen future expenses or
reduction in Quality of Life funding would be covered by the Fund Balance.
FUND BALANCE
445
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,2014
Page 5 of 6
The current CAP Fund Balance stands at $2,640,184. The CAC proposes capping the
Fund Balance at this amount, which if necessary could adequately cover the expenses
of the Cultural Affairs Program for two years. Funds remaining at the end of each fiscal
year should be added to the CAC's grants budget for the following year.
DEDICATED FUNDING
One-half of one percent of Resort Tax collection accounts for Quality of Life funding.
Originally divided into three parts (South Beach, Middle Beach and North Beach,) CAP
was added as a fourth recipient in 2004. Last year a fifth recipient (the North Beach
circulator) was added, with the stipulation that CAP funding would be frozen at current
levels until the other four recipients reach equal funding. The CAC respectfully requests
that the Mayor and Commission honor this ongoing commitment to arts funding and not
allow further dilution of the Quality of Life funds.
COMMUNITY BENEFIT FUND
The Community Benefit Fund at the Jackie Gleason Theater was established by
Resolution No. 83-17447 to provide discounted show tickets to senior citizen and
student residents. lt is funded by a $1.50 surcharge on each ticket sold. The fund's
purpose was further defined by Resolution No. 92-20454 to "present and promote
performances, programs, shows and entertainment at reduced prices or free admission
for the residents of Miami Beach." Resolution No. 98-22762 created the Community
Benefit Fund Rent Waiver program, which pays the operator for theater rental fee
waivers for up to twelve non-profit organizations per calendar year. Management of the
rent waiver program was transferred from the Convention Center Advisory Board to the
Miami Beach Cultural Arts Council (CAC) in 2009. The CAC is proposing a new
requirement that all future rent waiver recipients be required to offer free or discounted
tickets to Miami Beach residents.
At this writing the balance in the Community Benefit Fund is $746,822. Funds are
currently used only for the discount ticket program and to pay the operator for the twelve
rent waivers available each calendar year. The fund nets between $38,000 and
$108,000 annually after the rent waiver and discount ticket program costs are deducted.
The CAC is proposing to utilize the fund for greater community benefit by increasing the
number of annual rental fee waivers from 12 to 24. This would allow the fund to
continue to grow while meeting its other obligations, since the maximum cost of the
additional waivers would be $36,000. The CAC feels strongly that the additional 12
waivers are necessary for the CAC to realize its initiative to increase live theater
offerings in Miami Beach. The Colony Theatre is both too large and too expensive for
most of South Florida's theater groups, and it has suffered a decrease in bookings as
new alternative and more affordable venues have opened on the mainland. The
Fillmore's new "backstage" performance space, which seats 204 persons, is an ideal
size for local theater groups, and the CAC is proposing a new targeted pilot grant
program to begin in Fall 2Q14 which, in tandem with the rental fee waiver program,
would enable theater groups (and cabaret and spoken word artists) to rehearse and
present their shows at no cost for the theater, sound and lighting equipment and
technicians. Ticket prices, including all house and Ticketmaster surcharges, would be
capped at $19. Waivers would continue to be available for the main theater as well, but
the 12 additional waivers would be restricted for use with this new targeted live theater
grant program. All rental fee waiver recipients would be required to offer free or
discounted tickets to Miami Beach residents.
446
FCWPC Recommendation - CAC Strategic Plan Update
City Commission Meeting
September 10,2014
Page 6 of 6
SLEEPLESS NIGHT
The CAC believes that it is essential for the City to present a major annual citywide
cultural festival to maintain its position as an international cultural destination. CAC
members unanimously endorsed the return of an annual Sleepless Night, building on the
existing substantial international recognition of the brand. Seed funding could derive
from liquidation of the CAC endowment, with additional funding from sponsorships and
grants.
SLEEPLESS NIGHT was initiated in 2007 by the CAC as a way to focus the cultural
spotlight on Miami Beach after the cancellation of the annual "lnvitation to the Arts" at
the Gleason. lt was more than just the cultural takeover of Miami Beach, with 150 free
arts and entertainment offerings at 80 different locations spread throughout the city and
the 13-hour night that marks the end of Daylight Savings Time. lt was in fact an
enormous and successful intersection of community and culture that crossed all barriers
of age, race, taste, economics and education. lts free programming was designed to
appeal to every segment of our diverse population, providing a unique opportunity to
create community through the universality of shared arts experiences. At the first
Sleepless Night (November 3,2007) an instant and enthusiastic community of lOO,OOO
people enjoyed arts and entertainment offerings both familiar and new. The second
Sleepless Night (November 7, 2009,) made possible by funding from the Knight Arts
Challenge, drew more than 130,000 residents and visitors for free museum admissions,
indoor and outdoor art installations and performances, street spectacle, music, dance,
theater, comedy, circus and more, all connected by free shuttle buses with onboard arts
programming. Sleepless Night is huge and inclusive: in one night it draws more than
twice as many people as Art Basel Miami Beach or the South Beach Wine & Food
Festival, and its residual effects for both artists and audiences are lasting. lt sends the
positive message that Art Matters to our residents, visitors and businesses. The 2009
event received nearly a billion media impressions and attracted artist inquiries from
across the U.S., Europe, Canada and South America. The 2011 Sleepless Night, again
with major Knight Foundation and National Endowment for the Arts funding, received
similar local praise and international media coverage, including a feature in Travel
&Leisure magazine and a segment on Good Morning America. The CAC firmly believes
that Sleepless Night has the potential to be as significant as any of the international Nuit
Blanche events if it can be held on an annual basis to maintain the marketing and
sponsorship momentum necessary for it to continue to grow. And for residents the
incorporation into the event of the new and existing circulator buses will allow even
greater neighborhood reach citywide.
FiscalYear
Opening
Balance
Surcharge
Revenue
Interest
Earned Grants Paid
Ending
Balance
FY 07/08 $188,666 $107,558 $8.373 ($7,799.00)$296,797
FY 08/09 $296,797 $50,879 $9.621 ($13.002.50)$344,295
FY 09/10 $344.295 $95,264 $6,899 ($28.400.00)$418,057
FY 10t11 $418.057 $88,757 $5,427 ($26,200.00)$486.042
FY 11t12 $486,042 $125.276 $4,793 ($23,400.00)$592,710
FY 12t13 $592,710 $102,409 $4.1 95 ($40,400.00)$658,914
FY 13t14 $658.914 $108,988 $2.121 ($23.200.00)$746,822
FY 14115 Proiected $746.822 $97,018 $5,919 ($72.000.00)$777,759
FY 15/16 Proiected $777.759 $97,018 $5,919 ($72,000.00)$808.696
447
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ADOPT THE UPDATED
CULTURAL AFFAIRS STRATEGIC PLAN, INCLUDING AN INCREASE IN THE
NUMBER OF COMMUNITY BENEFIT FUND RENT WAIVERS AND THE CAPPING
OF THE ANNUAL FUND BALANCE AT ITS CURRENT LEVEL OF $2,640,184, BUT
PROVIDING FOR AN ANNUAL INCREASE FOR INFLATION, AND DIRECTING
THE CITY ADMINISTRATION NOT TO UTILIZE THE CULTURAL ARTS COUNCIL
ENDOWMENT FUND TO FUND SLEEPLESS NIGHT.
WHEREAS, the Miami Beach Cultural Arts Council (CAC) was established by the Mayor and City
Commission on March 5, 1997; and
WHEREAS, the mission of the CAC is to develop, coordinate, and promote the visual and performing
arts in the City of Miami Beach for the enjoyment, education, cultural enrichment, and benefit of the residents
of, and visitors to, the City of Miami Beach; and
WHEREAS, the Mayor and City Commission adopted the Cultural Affairs Strategic Plan on June 3,
1998, identifying the following program areas for the CAC: cultural arts grants; marketing; facilities; advocacy
and planning; and revenue development; and
WHEREAS, the CAC unanimously adopted an updated CulturalAffairs Strategic Plan at its March 6,
2014 meeting which is attached hereto and incorporated herein; and
WHEREAS, the Finance and Citywide Projects Committee reviewed the updated Cultural Affairs
Strategic Plan on May 20, July 18, and August 13,2014, and recommended an increase in the number of
Community Benefit Fund rent waivers and the capping of the annual fund balance at its current level of
$2,640,184, with an annual increase for inflation based upon the Consumer Price lndex, but recommended
against utilizing the CAC Endowment Fund to fund Sleepless Night.
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 adopt the updated Cultural
Affairs Strategic Plan, including an increase in the number of Community Benefit Fund rent waivers and the
capping of the annual fund balance at its current level of $2,640,184, but providing for an annual increase for
inflation, and directing the City Administration not to utilize the CAC Endowment Fund to fund Sleepless Night.
PASSED and ADOPTED THIS day of 2014.
ATTEST:
Rafael E. Granado, CITY CLERK Phllip Levine, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1(s(t+
-
Dote
T:\AGENDA\2014\SeptembeATCED\CAP Strategic Plan FCWPC Recommendation RESO.docx
448
&ttr!,Y-Ailf{
OFFICE OF THE CITY ATIORNEY
RAUL J AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: clw ATTORNEY RAUL J. AGUILA Kgr-
DATE: September 10,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA WAIVING THE SQUARE FOOTAGE
FEES FOR THE CELEBRATE ORGULLO HISPANIC LGBT PRIDE
FESTIVAL ON OCTOBER 4, 2014 AT THE BANDSHELL ON COLLINS
AVENUE AND 73RD STREET.
Pursuant to the request of Commissioner Micky Steinberg, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
Agenda ltem C7 X
Date ?-/O-/c/
F:\ATTO\TURN\COMMMEMO\Orgullo Square Footage Fee Waiver 20'14 Reso
449
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: September 3,2014
SUBJECT: Agenda item for September 10,2014 City Commission Meeting
Please add to the September 10, 2014 City Commission agenda an item to waive the
Square Footage fees ($0.25 per sq. ft) for this year's Orgullo 2014 event, which is
approximately 5100 sq. ft. for a total $1,275.00.
Unity Coalition/Coalicion Unida, an organization for the Latino, Hispanic, LGBTQ
Community, produces the Celebrate ORGULLO Hispanic LGBT Pride Festival. This year's
free event is Saturday, October 4,2014, from noon-9pm at Collins & 73rd Street.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
Mt&t\,il&x&ffiM
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 Fax: 305-673-7096 / www.miamibeachfl .oov
We are committed to providing exceltent pubtic sei6e maiiay to aii6o tive work and ptay in our vibrant, tropicat, historic
community.
We ore commilted lo providing excellent public service ond sofely to oll who live, work, ond ploy in our vibront, tropicol, hist'oric cotnmuni!,y'
450
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA WAIVING THE SQUARE FOOTAGE
FEES FOR THE CELEBRATE ORGULLO HISPANIC LGBT PRIDE
FESTIVAL ON OCTOBER 4, 2014 AT THE BANDSHELL ON COLLINS
AVENUE AND 73RD STREET.
WHEREAS, Unity Coalition/Coalicion Unida, lnc. ("UC/CU") is a Florida 501(cX3)
non-profit whose focus is the leadership, protection and promotion of Latino/Hispanic
LGBTQ (lesbian, gay, bisexual, transgender, and questioning) rights; and
WHEREAS, UC/CU produces the Celebrate ORGULLO Hispanic LGBT Pride
Festival and this year's free event will be held on Saturday, October 4,2014, from noon-
9:00 pm, at the Bandshell on Collins Avenue and 73rd Street; and
WHEREAS, the Mayor and City Commission deem it in the best interest of the
Miami Beach community to waive the Square Footage fees ($0.25 per sq. ft. x 23,500
sq. ft.) for the 2014 ORGULLO event which total $5,875.00.
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 waive the Square Footage fees set forth herein for the Celebrate
ORGULLO Hispanic LGBT Pride Festival to be held on October 4,2014 at the Bandshell on
Collins Avenue and 73'd Street.
PASSED AND ADOPTED this _day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
f:\atto\tu rn\resos\Orgul lo Square Footage Fee Waiver 20 1 4
*/z
Dole
451
THIS PAGE INTENTIONALLY LEFT BLANK
452
COMMISSION IIEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving
Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of SD-42
lronsite Series Litter Receptacles, From Victor Stanley lnc., The Sole ManufacturerAuthorized Distributor
ln The State Of Florida For Victor Stanlev Litter
lmprove cleanliness of Miami Beach rights of way especially in business areas.
Supporting Data (Surveys, Environmenta! Scan, etc.):N/A
Item Summarv/Recommendation :
The Sanitation Division has been using Victor Stanley style litter receptacles since 2004. While there are
other litter receptacles on the market, the Victor Stanley brand is the standard amongst many government
agencies, including the City of Key West, Fort Lauderdale and Orlando. ln 2004, the Sanitation Division
began to transition to the Victor Stanley litter receptacles, and is set to begin replacing the older model
receptacles with the new SD-42 model during fiscal year 2013-14. Victor Stanley lnc. requires that all
Florida agencies purchasing Victor Stanley products do so through Site Horizons., the sole authorized
distributor for the region.
The purpose of this request is to authorize the Public Works Sanitation Division to continue purchasing
Victor Stanley brand litter receptacles, in accordance with the manufacturer's distribution requirements, as
a sole source purchase pursuant to Code Section 2-367 (d).
ANALYS!S
Victor Stanley lnc. develops and manufactures litter receptacles designed for use in solid waste, parks
organizations as well as private businesses.
The company makes litter receptacles for two main types of market segments: solid waste, parks, and
professional markets, and the consumer market. lts products use Hot Dip Galvanizing (HDG) which
includes an aggressive pre-treatment and immersion in a tank of charged liquid zinc at about 650 degrees
Fahrenheit. Lead time for the manufacturing of litter receptacles is approximately 6-8 weeks.
Victor Stanley lnc., is the sole manufacturer of all Victor Stanley Brand Products, including the
aforementioned SD-42 and all accessories. Victor Stanley lnc., is the authorized SD-42 distributor for the
State of Florida. Attached, please find Appendix "A" for a copy of the sole source letter from Victor Stanley
lnc.
Victor Stanley, lnc., and Site Horizons, sets the pricing. Both the manufacture and the sole distributor have
extended the same pricing available to other agencies in the country.
ln addition, the City of Key West, the City of Fort Lauderdale, and the City of Orlando have utilized Victor
Stanley products in their Solid Waste Departments.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Board Recommendation:
Financial !nformation :
Source of
Funds:
OBPI
Amount Account
1 $40,000 1 78.6884.000343 Waste Hauler Contributions Receptacles
Total $40,000
Financial lmpact Summary: Current FY expenditures are estimated at the approved budgeted
amount of $40,000. Future purchases will be based on approved budgeted amounts.
Alex Denis, ext. 7490
Siqn-Ofi [s:
Department Director As;fi$fqnt City Manager \City Manager
EC YI'
-ff
MT I JM /ailY \
-
AGENDA 'IEN
C7 Y
omn ? -lo/v/\^IAfiAIBTACH 453
&,:a:rt......l\l.tl
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM,lTO: Mayor Phillip Levine and Members|f the City {ommission
l. l\FROM: Jimmy Morales, City Manager lt----, i <\x:=
i/DATE: September 10,2014 it
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA APPROVING PURSUANT TO SECTION 2.
367(D) OF THE MtAMt BEAGH CtTy CODE, THE SOLE SOURCE
PURCHASE OF SD.42 IRONSITE SERIES LITTER RECEPTACLES, AND
ALL DEPARTMENT.ISSUED ACCESSORIES, FROM VICTOR STANLEY
INC., THE SOLE MANUFAGTURER AUTHORIZED DISTRIBUTOR IN THE
STATE OF FLORIDA FOR VICTOR STANLEY BRAND PRODUCTS.
ADMINISTRAT!ON RECOMMENDATION
The Administration recommends adopting the Resolution.
FUNDING
Account Codes:
178.6884.000343 - $40,000.00 -Waste Hauler Contributions Receptacles
Current FY expenditures are estimated at the approved budgeted amount of $40,000. Future
purchases will be based on approved budgeted amounts.
BACKGROUND
The Sanitation Division has been using Victor Stanley style litter receptacles since 2004. While
there are other litter receptacles on the market, the Victor Stanley brand is the standard amongst
many government agencies, including the City of Key West, Fort Lauderdale and Orlando. ln
2004, the Sanitation Division began to transition to the Victor Stanley litter receptacles, and is set
to begin replacing the older model receptacles with the new SD-42 model during fiscal year 2013-
14. Victor Stanley lnc. requires that all Florida agencies purchasing Victor Stanley products do so
through Site Horizons., the sole authorized distributor for the region.
The purpose of this request is to authorize the Public Works Sanitation Division to continue
purchasing Victor Stanley brand litter receptacles, in accordance with the manufacturer's
distribution requirements, as a sole source purchase pursuant to Code Section 2-367 (d).
ANALYS!S
Victor Stanley lnc. develops and manufactures litter receptacles designed for use in solid waste,
parks organizations as well as private businesses.
The company makes litter receptacles for two main types of market segments: solid waste, parks,
and professional markets, and the consumer market. lts products use Hot Dip Galvanizing
454
September 10,2014
Commission Memorandum
Litter Can Sole Source
Page 2 of 2
(HDG) which includes an aggressive pretreatment and immersion in a tank of charged liquid zinc
at about 650 degrees Fahrenheit. Lead time for the manufacturing of litter receptacles is
approximately 6-8 weeks.
Victor Stanley lnc., is the sole manufacturer of all Victor Stanley Brand Products, including the
aforementioned SD-42 and all accessories. Victor Stanley lnc., is the authorized SD-42
distributor for the State of Florida. Attached, please find Appendix "A" for a copy of the sole
source letter from Victor Stanley lnc.
Victor Stanley, lnc., and Site Horizons, sets the pricing. Both the manufacture and the sole
distributor have extended the same pricing available to other agencies in the country.
ln addition, the City of Key West, the City of Fort Lauderdale, and the City of Orlando have
utilized Victor Stanley products in their Solid Waste Departments.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, authorizing sole source procurement, pursuant to Section 2-367 (d) of the Miami
Beach City Code, from Victor Stanley lnc., the sole authorized distributor in the State of Florida,
for SD-4/-(onsite Series litter receptacles and accessories manufactured by Victor Stanley, lnc.
*nlrr@nc
455
N@ vJCl9,* ,?, ,,N,kH,Xr, Il{.9
June 25. 2008
Ms. Mary Langley
Site Horizons
13750 W. ColonialDrive
Suite 350-134
Winter Garden. FL 34787
Dear Mary
As you know. Site Horizons is now the only Victor Stanley, lnc. sales representative for the State
of Florida. Although shipping and billing must be done on a factory-direct basis, all sales
information, quotations. followup and coordination are to take place through Site Horizons
Please feel free to copy this correspondence to any clients which may need clarification and feel
free to have them contact me directly for any additional information or authorization.
As always, let me know if I can be of further assistance.
Sincerely
@7;;>-
't Geratd skatka. VP
P.O.Dra*er330Dunkirk.\larrland20't54 1.S.{. lel:(301)855-8300Toll-Free:(800)J68-25?3Far({10)25i-?579
\\ eb site: http:iln n n.r'ictorstanle1.com
456
SITE HORIZONS
MWBE Certified QUOTE
13750 W. Colonial Drive, Suite 350-134, Winter Garden, FL34787
Tel: 407 -641 -0241 F ax: 407 -614-43 13
Authorized Representative for Victor Stanley, Inc.
Quote Date: 8120/14
Sell To:
Tamika Clear
City of Miami Beach
140 MacArthur Causeway
2nd Floor
Miami Beach, FL 33139
305-573-7000 ext 3532
tami kaclear@miam ibeachfl . oov
DELryERY CONTACT: Please Specify Delivery Contact
Ship To:
City of Miami Beach
140 MacArthur Causeway
Miami Beach, FL 33139
Qty
100
Model No Description Unit Cost
SD-42 Ironsites Series Side Door Litter $1,048.00
Receptac le, Latch, Standard
Tapered Formed Lid, Black Plastic
Liner
HDG Hot Dip Galvanizing Per SD-42
*Hot-Dip Galvanizing lb performed for us by an
experienced qualiJied Jirm to which we ship our products for
galvanizing. Hot-Dip Galvanizing includes an aggressive
pre-treatment and immersion in a tank of charged liquid
zinc at about 650 deg. F. The resulting surface is resistant
to rust but has some unevenness resulting from the bonding
of the zinc to the steel surface. As a result, powder-coating
over that galvanized surfoce may be somewhat uneven and
not completely smooth. This is normal for Hot Dip
Galvanizing."
$2s3.00
Total
$94,320.00
$25,300.00
t0%
100
Price Includes: l0olo Discount Per Volusia County Schools
Bid #CL30IRI and Freight.
Price Excludes: Offloading, lnstallation, Assembly, Site Work,
Subsurfacing, Liftgate and Freight.
Lead Time: 6-8 Weeks ARO
Payment Terms: Net 30 with approved credit
Sales Associate: Mary Langley @ 407-947-6318
mlanqley5@cfl.rr.com
All Purchase Orders must be
PO Drawer 330 -
Sub-Total: $119,620.00
Tax: Exempt
#54489 Freight: $5,000.00
Total: $124,620.00
Ship Via: Best Way
FOB: Factory
This Quote is valid for 30 days
Approval and Acceptance of this quote may be executed by signing and faxing to 407-614-4313
Signature:Title Date
made out to Victor Stanley, Inc -
Dunkirk, MD 20754
457
vneTcR sltANn EV lNe.@
Xo@wn of auaity Sib Endehings eina 7962-
114'x2-112'
t0RIzfiIn
STEEL BII{ts
AYAILIELE OPIIOIIS:
PfriDEB C{IATIIIG
l0 slfloAfio c0L0Rs, 2 PIIoMT IuAtLIc mL0Rs,
CU$0il C0t0f,S (iil0Ltl0ll{O IHE Rr{L [AllGE)
cl,$ol PL{0u$ t DEcicts
A'/AI|.AB|.E IIiI}{ SffiL PI.AOU$ [I llAiIOUS SIZES I,IIO PRE$U8E SBISIIIVE
vfltrL 0uaffi DEcns,
P,0, DRAflER 330 . ouill(lf,t(, D 20754 ISA
I0LL FltE: (800) 368.2573 (UM & CI0{ADA)
rEL 10Or) 0s5.0roo - rAx (4r0) 257-757e
IIEB SIIE: tlTTP;//IITYI.I/ICTOI$AIILEY.CIil
, ALL DIllEt{SI0t{S tXt il,t iltoll$ t
5/0'$0IID
SITEI TOP RIIIG
(5) LmLril0 FEIT
IIIIll A 3/8' DIIXETER
I1IREADM $ItL SMIT
LIN
$flD/qnD TpERED F0ilERED UD (AS Stt0rir{}, AVAIr.rsrE [rfi
0Pil0t{AL mE LID, Do[E LID t{tTfl ISI|TMY, RAIil milEI L]0,
[AItl ffilllE] LID tllll A$ffi'AY, mil\lEl LID, C0l{llfl tlD t{lill
$LF CL[9iil0 mR, EilCL0SE0 mE LIo, tilCLoSEo m[ UD
[I]tslAlt{tffi stEEL $m,AY, il10 RECYCLE LIDS,
I$NAYS AI/AII.ABLE IIIIll OPTIOIIAT ISI|IMY COllTN.
$CURIIY
AyAIWI flit]t$NUfiD L0Cl(ffiLE |ATCll, oPTIS{AL rem L0Cl( B0X,
I]O RIVEIEO ItI PLACE. AVAII.ABLE III1II OP]IOML T]TNII'IIIH
3 IiI.UIIE NCllOB llOLES ND OPIIOIIAT BOIIfr PUIE M\/ER.
IIOTES:
1. D[AIflilGS iloT T0 SCALE, D0 iloT S0AIE DMfftilGS,
m mTIilG IIII|UFACIUREI',$ $ECIilCAIIoilS. IllE IIIC|0,I$S 0F IllE RE$LIIilG FIIUS|i AI,ERT|G$ 8-10 t{ts (200.250 IICnoilS),
PAIII{IED SIAIIILESS $TEEL IGYED LOCI( ASSEIIBLY.
{, 111$ YICT0R SINLEY, IilC, PRoolJfi Il$T BE PERINET{ILY AFFIIE0 T0 IltE 0n0l,il0, C0I{SULT Y0rJR L0CAI C00ES Fot RE0rJr.{TI0rS,
flPlYltl0 N0 $0RA0E ffiltE AfIoRDIll0 L0tG SERVICT tlFE.
6, tltsfr BoLT ilol PRWI0ID By llICTof, STAilLEy, IilC,
7. F08 lllcll &Atl ABUSM CLILATES, tlOI DIP 0AwNUIi|0 BEF0BE P0'IDER t0ATIll0 IS AIIAILISLE, SEE llllllEl{ $ECIFICAII0IIS F0[ DfiAltS.
8. ALL $ECIFICililON Af,E SUUECT TO CIIAI{GE. MIIACI TAI{UFACIUf,EB FOR OETAI$.
g. fiIS PROI]UOI IS S}IiPPEO TULLY ISSEIELED,
/-_\sD'42\ / [lONslTEsosERIEs 36.0{1r0il srDE.D00R.0PEilrilG UIrER RECTPTACLE
\_-/ Ell0illl: SIAlloAlD IAPEf,O t0flm U0
0 28.1/8'
S6.CALLOiI CAPICIIY llISI
DEIISM PUSUC LIiIER
([EIGflr iloT r0 E)(CEED 6 r3S,)
$lTS 0ll 1/4' x 2' $l.PP0flI $fiS
458
Page i of 1
http://www.victorstanley.com/wp-contenVuploads/201310915-42_Stttdio-297x332.1pg?ran... 0812712014459
RESOLUTION TO BE SUBMITTED
460
R2
COMPETITIVE BID REPORTS
461
COMMISSION ITEM SUMMARY
Condensed Title:
Request for Approval to lssue an Addendum to the Request For Proposal RFP 2014-294-ME for Design Builder
Services for The Miami Beach Convention Center Renovation and Exoansion.
lmprove Alliance With Key Business Sectors, Namely Hospitality, Arts, & lnternational Business With A Focus
On Enhanced Culture, Entertainment, & Tourism
Su Data (Surveys, Environmental Scan, etc.): N/A
!ssue:
Shall the Citv Commission approve the issuance of the Addendum to the RFP.
Item Summary/Recommendation :
On July 30,2014, the City Commission approved the issuance of a Requestfor Proposals (RFP)for Design-Builder
Services for the Miami Beach Convention Center Renovation and Expansion project. During that meeting,
Commission requested that Staff revise two items in the RFP:
A. Add language referring to the aspirational inclusion of a Miami Beach and Miami-Dade County workforce,
and
B. Removal of the scoring component for Phase ll of the RFP.
On August 4,2014, LTC #267-2014 was issued including both corrected items above in order to allow
Commissioners an opportunity to be advised of the changes prior to issuance of the final RFP.
On August 5,2014, the RFP was issued with the aforementioned corrections.
The proposed Addendum provides the Phase ll Evaluation Criteria scoring and process, and includes the
following clarifications:
1. Phase ll Evaluation Criteria:
a. lncreases the points allocated to "Approach & Methodology Plan" from 5 to 15. This is to place
increased emphasis in this category to score based on the Commission directed added language
related to utilizing the local residents in the design and construction of the Project.
b. lncreases the points allocated to "Organization Plan / Personnel" from 5 to 15. This is to place
increased emphasis on the qualification of the team members that will be assigned to this Project.
c. Decrease the points allocated to "Project Schedule" and "Lowest Guaranteed Maximum Price,
including any City accepted Voluntary Alternate Proposals" by 10 points each to accommodate #1 and
#2 above. These two categories still account for 45 out of 100 points.
2. Provides a common template for each proposer to submit their "Guaranteed Maximum Price" to allow for
comparability.
3. Provides a common template for each proposer to submit their "Voluntary Alternate Proposals" to allow
for comparability.
4. Provides access to the Design Criteria Professional's Schematic Design package.
RECOMMENDATION
the issuance of the Addendum to the RFP.
Financial : N/A
Alex Denis, Director Ext # 6641
T:\AGEN DA\20 1 4\September\Procurement\MBCC\RFP-20 1 4 -ME Design Builder - Addendum - SUMMARY.d
AGENDA nen fr&AE MIAMIBEACH oarc ?r'0-0462
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
TO:Mayor Philip Levine and Members of lhe City Commi
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
pRoposALS (RFp) 2014-294-ME FOR DESTGN-BUTLDER SERVTCES FOR THE MIAM!
BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT, WHICH
INCLUDES THE CRITERIA FOR PHASE tI EVALUATION PROCESS.
BACKGROUND / ANALYSIS
On July 30, 2014, the City Commission approved the issuance of a Request for Proposals (RFP) for
Design-Builder Services for the Miami Beach Convention Center Renovation and Expansion project.
During that meeting, Commission requested that Staff revise two items in the RFP:
A. AdOitlonal language referring to the aspirational inclusion of a Miami Beach and Miami-Dade
County workforce, and
B. Removal of the scoring component for Phase ll of the RFP.
On August 4,2014,LTC#267-2014 was issued including both corrected items above in order to allow
Commissioners an opportunity to be advised of the changes prior to issuance of the final RFP. The LTC
also stated that the final scoring criteria for Phase ll would be issued prior to the due date for the Phase I
proposals of September 24,2014.
On August 5, 2014, the RFP was issued with the aforementioned corrections.
ln order to comply with the Phase I deadline of September 24, 2014, the proposed Addendum
(Attachment A) provides the Phase ll Evaluation Criteria scoring and process, and includes the following
clarifications:
1. Phase ll Evaluation Criteria:
a. lncreases the points allocated to "Approach & Methodology Plan" from 5 to 15. This is
to place increased emphasis in this category to score based on the Commission
directed added language related to utilizing the local residents in the design and
construction of the Project.
b. lncreases the points allocated to "Organization Plan / Personnel" from 5 to 15. This is
to place increased emphasis on the qualification of the team members that will be
assigned to this Project.
c. Decrease the points allocated to "Project Schedule" and "Lowest Guaranteed Maximum
Price, including any City accepted Voluntary Alternate Proposals" by 10 points each to
accommodate #1 and #2 above. These two categories still account for 45 out of 100
points.
2. Provides a common template for each proposer to submit their "Guaranteed Maximum
Price" to allow for comparability.
3. Provides a common template for each proposer to submit their "Voluntary Alternate
Proposals" to allow for comparability.
4. Provides access to the Design Criteria Professional's Schematic Design package.
463
Request for Approval to lssue an Addendum To Request For Proposal RFP 2014-294-ME for Design Builder
Services for The Miami Beach Convention Center Renovation and Expansion - September 10,2014
Page 2
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of an
Addendum to RFP 2014-294-ME for Design-Builder Services for the Miami Beach Convention Center
Renovation and Expansion Project, which includes the criteria for Phase ll Evaluation Process.
Attachment A: Addendum
JLM/MT/MH/AD
T:\AGENDA\2014\SeptembeAProcurement\MBCC\RFP-2014-294-ME Design Builder - Addendum - MEMO.doc
464
Attachment A
REQUEST FOR PROPOSALS
FOR DESIGN.BUILDER SERVICES FOR THE
MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION
RFP No. 2014-294-tllE
Addendum
1. Section 00305 - The Phase ll evaluation process shal! be as follows:
An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each short-listed response in
accordance with the criteria established herein. ln doing so, the Evaluation Committee will:
a. lnterview short-listed proposers
b. Receive input from a Technical Review by City Staff, the Design Criteria Profession, City Owner's
Representative and other City advisors
c. Recommend the Voluntary Alternate Proposals to accept, if any
d. Score proposers utilizing the Weighted Criteria
e. Recommend to City Manager the top ranked respondent
Proposers will be evaluated on the following Weighted Criteria:. (30 points). Lowest Guaranteed Maximum Price including any City accepted Voluntary Alternate Proposals. (15 points): Prolect Scheduleo (15 points): Organization Plan / Personnelo ('t5 points): Approach & Methodology Plano (10 points): Construction Logistics Plane (10 points): Key Construction Subcontractor Experienceo (5 points): Commitment to Achieve LEED Gold Certification with no ongoing cost to the Cityo 100 Total
Acceptance of any Voluntary Alternate Proposal will be in the sole discretion of the City based on the
recommendation by the Design Criteria Professional that a proposal is consistent with the Design Criteria Package,
including but not limited to, performance specifications outlined therein.
Each proposed Guaranteed Maximum Price, including any City accepted Voluntary Alternate Proposals, shall be
scored as follows:
Lowest Guaranteed Maximum Price including any City accepted Voluntary Alternate Proposals 30 points
Next higher Guaranteed Maximum Price including any City accepted Voluntary Altemate Proposals 25 points
Next higher Guaranteed Maximum Price including any City accepted Voluntary Alternate Proposals 20 points
Next higher Guaranteed Maximum Price including any City accepted Voluntary Alternate Proposals 15 points
2. Section 00315 - Phase ll Response Format Guaranteed Maximum Price (Tab 6)
The Guaranteed Maximum Price shall be submitted using the form attached as Exhibit A.
3. Section 00315 - Phase ll Response Format Voluntary Alternate Proposals (Tab 7)
Each Voluntary Altemate Proposal shall be submitted with the following information:o Title. Reduction in GMP on a line item basis
465
o Reduction in construction duration. Original DCP Specification. Proposed Design-Builder Specification (attach supporting drawings, product specification sheets and/or
other supporting data). Any proposed Voluntary Altemate Proposal must include the same level of
specificity as outlined in the Design Criteria Package. For example, if the Design Criteria Package specifies
a specific brand of plumbing fixture, the Voluntary Alternate Proposal must also propose a specific brand.
Any Voluntary Alternate Proposal with less specificity than outlined in the DCP will not be considered.o Differences between Design Criteria Package specification and proposed substitution. Certify:o The Voluntary Alternate Proposal is equal or superior in all respects to the Design Criteria
Package.o Same warranty will be fumished for the Voluntary Altemate Proposal as for specified product.
o Same maintenance service and source of replacement parts, as applicable, is available.
o Voluntary Alternate Proposal does not affect dimensions and functional clearances.
5. The Schematic Design Package can be downloaded at:
https://dl.dropboxusercontent.com/u/72125889/MBCC%20Schematic%20Packaqe.zio
The design will be modified throughout the completion of the Design Criteria Package. Proposers shall use only the
final City approved Design Criteria Package in preparation of the Phase ll submittal.
466
Cost of Work: Proposed Price:
DIVISION 02 - EXISTING CONDITIONS I $
DIVISION 03 - CONCRETE
DIVISION 04 - MASONRY
DIVISION 05 - METALS
DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES
DIVISION 07 - THERMAL AND MOISTURE PROTECTION
DIVISION 08 - OPENINGS
DIVISION 09 - FINISHES
DIVISION 1O - SPECIALTIES
DIVISION 11 - EQUIPMENT
DIVISION 12 - FURNISHINGS
DIVISION 13 - SPECIAL CONSTRUCTION
DIVISION ,I4 - CONVEYING EQUIPMENT
DIVISION 21 - FIRE SUPPRESSION
DIVISION 22 - PLUMBING
DIVISION 23 - HVAC
DIVISION 26 - ELECTRICAL
DIVISION 27 . COMMUNICATIONS
DIVISION 28 _ ELECTRONIC SAFETY AND SECURITY
DIVISION 31 - EARTHWORK
DIVISION 32 - EXTERIOR IMPROVEMENTS
DIVISION 33 - UTILITIES
Cost of Work Total
DIVISION 1
lnsurance
Builderc Risk
General Liability
Permits/Plan Review
Bond Premium
General Conditions
Proposed Contractors Fee & Overhead
Design Services Fee
Design-Builder Fee
Subtotal
Total Guaranteed Maximum Price
Exhibit A
Guaranteed Maximum Price Form
The Proposer certifies that the above amount is based on delivering the Project consistent with: 1) the Design Criteria
Package as approved by the City of Miami Beach, 2) the proposed schedule in Tab 4 of this submittal; and 3) the
contractual conditions of the Specimen Design Build Contract (to be part of the Design Criteria Package issued in
December 2014).
Principal or Executive Officer of the Proposing Firm to Sign and Notarize
3467
R5
ORDINANCES
468
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying allowable Accessory Uses for
Buildinqs located within the RM-3 zoninq district.
T:\AG EN DA\201 4\Septem beAR M3 Accessory Uses - SUM Second Readi n g.docx
AGENDA ITEM P'A
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Suppo(ing Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to
TheprndfloorofficespaceaSanAccessoryUsewithinexisting
apartments located in the RM-3 district, provided such office space was original to the building.
On July 23,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 10,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On June 24,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5to0.
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
MIAMIBEACH ome ?-10-lcl469
g MIAMIBEACH
Ciiy of Miomi Beoch, ,1700 Convention Cenier Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUB.JECT: RM-3 AGGESORY OFFICE USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTIGLE IV..SUPPLEMENTARY DISTRIGT REGULATIONS," DIVISION 2,
,.ACCESSORY USES," SECTION 142.902, "PERMITTED ACGESSORY
USES," AMENDING CRITERIA FOR ACCESSORY USES IN APARTMENT
BUILDINGS; PROVIDING FOR REPEALER; GODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMI NISTRATION REGOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12, 2014, at the request of Commissioner Jonah Wolfson, the City
Commission referred an ordinance to the Land Use and Development Committee
(LUDC) pertaining to accessory uses in RM-3 districts.
On March 19, 2014, the LUDC referred the proposed ordinance amendment to the
Planning Board for consideration.
ANALYSIS
Presently, Section 142-902 of the Land Development Regulations of the City Code the
Land Development Regulations of the City Code restrict accessory uses in apartment
buildings to the ground floor, subterranean level, or the highest floor of the building in
RM-3 districts. The proposed ordinance amendment would permit office space, as an
accessory use on the second floor of apartment buildings located in the RM-3 zoning
districts, provided that the office space was part of the original construction.
ln the RM-3 district, there are several apartment buildings such as the Mirador, the
Roney Palace, and the Decoplage, which were originally built with office space on the
second floor. When either the zoning district was changed from CD-3 to RM-3, or the
building converted to an apartment building from a hotel, the offices on the second floor
became legal non-conforming uses due to the restriction on accessory uses in
READING. PUBLIC HEARING
470
Commission Memorandum
Ordinance - RM3 Accessory Uses
September 10, 2014 Page 2 of 2
apartment buildings to the ground floor, subterranean level, or the highest floor in RM-3
districts. Specifically, section 1 18-394 of the City Code, pertaining to the
"Discontinuance of Nonconforming Uses" states the following:
"No building, structure, equipment, fixtures or land, or portion thereof, used in
whole or in part for a nonconforming use which remains idle or unused for a
continuous period of six months, orfor 18 months during any three-year period
whether or not the equipment or fixtures are removed, shall again be used,
except in conformity with the regulations of the district in which such building or
land is located."
The effect of this language is that if the business licenses for legal non-conforming office
uses on the second floor of any of these buildings should expire for more than six
months, the office uses lose their status as a legal non-conforming use. Consequently,
the space would have to remain unused, convert into residential units, or convert into a
non-commercial accessory use that is allowed in the RM-3 district.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2178).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY / UPDATE
Most offices that exist on the second floors of apartment buildings in the RM-3 districts
are typically low scale, low traffic, neighborhood service office uses, and are frequented
by residents in the buildings and the surrounding neighborhoods. As such, the
Administration is supportive of the proposed Ordinance, which would allow office uses
on the second floor of apartment buildings, where offices were the intended use on the
original building construction plans.
On July 23, 2014, the subject Ordinance was approved at First Reading. When
reviewing the Ordinance for Second Reading, Planning staff and the City Attorney's
office noticed that the inclusion of original 2^o floor office space did not specify that it
could be re-introduced, as was originally intended. The text of the Ordinance
Amendment for 2nd Reading has been modified slightly to address this.
CONGLUSION
jflJistration
recommends that the city commission adopt the ordinance.
T:\AGEN DA\201 4\September\RM3 Accessory Uses - MEM Second Reading.docx
471
RM.3 ACCESSORY USES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CIry GODE BY
AMEND!NG CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS,'' ARTICLE IV "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2, "ACCESSORY USES," SEGTION
142-902, "PERMITTED ACCESSORY USES," AMENDING
CRITERIA FOR ACCESSORY USES !N APARTMENT BUILDINGS;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILIry
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations contain an
article for accessory uses; and
WHEREAS, the apartment buildings in the RM-3 district are currently not permitted
to have commercial offices on the second floor; and
WHEREAS, many apartment buildings in the RM-3 district were built with
commercial offices on the second floor; and
WHEREAS, the City seeks to modify the criteria for accessory uses in apartment
buildings; and
WHEREAS, this proposed amendment does not increase the intensity of existing
apartment buildings.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article lV,
"Supplementary District Regulations," Division 2, "Accessory Uses," Section 142-902,
"Permitted Accessory Uses," of the Land Development Regulations, is hereby amended to
read as follows:
Article lV. Supplementary District Regulations.
Division 2. Accessory Uses.
***
Sec. 142-902. Permitted accessory uses.
(2) Apartment buildings may have the accessory uses based upon the below criteria:
472
a.
b.
Mechanical support equipment and administrative offices and uses that maintain the
operatlon of the building.
Washers and dryers shall be located inside a structure or not visible from a right-of-
way.
A dining room which is operated solely for the residents in the building shall be
located inside the building and shall not be visible from the street with no exterior
signs, entrances or exits except for those required by the South Florida Building
Code. However, a dining room shall not be allowed in the RM-1 district except for
those dining rooms associated with adult congregate living facilities.
Public telephones and vending machines shall only be permitted to be located inside
buildings; however, one public telephone may also be permitted outside, as long as it
is not located in a required front yard, required slde yard facing a street, or on a
facade facing a street; the exact location and manner of placement of all public
telephones shall be subject to design review approval. One automatic teller machine
shall be permitted on the exterior walls of buildings, when associated with an
accessory commercial use allowed under subsection 142-902(2)e., except in historic
districts. The exact location and manner of placement for automatic teller machines
shall be subject to design review approval.
Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or
drinking uses with access from the main lobbv or from te the street if they are either
located on in the ground floor spaee, subterranean level, or on in the highest floor of
a building@.-Qffice space, when orioinallv constructed on the second level
of an existinq buildinq mav be retained or re-introduced. When located on the
ground floor, office space shall be at least 50 feet from the front property line.
f. Solarium, sauna, exercise studio, health club or massage service for
residents or open to the public by an individual licensed by the state
appropriate agencies.
g. Any accessory commercial use as permitted herein shall be located on the lobby
level or first floor if no apartment units on such levels. This provision shall not apply
to home based business offices as provided for in section 142-1411
h. Family day care centers as defined in subsection 142-905(bX1).
i. One property management office for the purpose of managlng residential units within
the building as well as residential units located in other buildings under common
beneficial ownership, as long as the total number of units does not exceed a
maximum of 100 units.
d.
A
use by
or other
2
473
Buildings in the RM-2 district in the area bounded by lndian Creek Drive, Collins
Avenue, 41't Street and 44 th Street that face the RM-3 district may have
restaurant, coffee house, sundry shops, or food market uses located in ground
floor space not to exceed 70o/o of the ground floor. These uses may have direct
access to the street. Dance halls, entertainment establishments, neighborhood
impact establishments, outdoor entertainment establishments, or open air
entertainment establishments are not permitted. Outdoor music (including
background music) is prohibited. Any outdoor uses on lndian Creek Drive shall be
limited to no later than 11:00 p.m. Parking requirements for accessory commercial
uses in newly constructed buildings must be satisfied by providing the required
parking spaces, and may not be satisfied by paying a fee in lieu of providing
parking. There shall be no variances from these provisions.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERAB!L!ry.
lf any section, subsection, clause or provislon of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
3
CITY CLERK
MAYOR
474
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
1-*\ Q*\^
# city Attorney
First Reading:
Second Reading:
July 23,2014
Verified by:
Planning Director
Underscore denotes new language
S+i*eth+eugh denotes deleted lang uage
T:\AGENDA\20'l 4\September\RM3 Accessory Uses - ORD Second Reading.docx
4
475
o
5
.3,
F
qi
sE
rtr
e:
At
Jie
ggltat*rtggtatfiEg*rg
$€ E*gH glfr 6g6i6 EHt sa
ilsiilgiEiggiggiggag$ E c AE
$E[EFIHiIEIgBiEIEEiI
EE$EgfiEEEiEEfifiifiEfiIE
(Jzntr
{tu
II
g
J
m3
s.
lJ-o
l,uu
Il-oz
I.L$
{
IUa
I5g
E
,Lo
F
E
m{,7
\fq
riL*ffipe
{
e
rEl]Jt<rE u:;
z,I
E
Eoq
E
s)E
E
.Q
{u
*;
H,Eit'qt
Eb
N
=t3{
ko
NC:)IP
l!-$
476
t+EErEE;IEt:Ei5[ggg6ggg;sEig;rHi Fi EE EiEg*E EEEH fu rE E;
=E
gE" E;i E E; iA fE EgEE{i EEE€- !E 5i EE Eg TBC iEE E S
Eg-BiE;EigEiEEttgsiilEEiEgaggEg
uEggigggltEEEggEggEiigtaEiEgiigEg
IIiiEigEiiiEEEEiEEiiEEEgEEiiiEEiiEii
ii,Ei$ Eft EEEiEEEE
EEEEEE EEI Eii EIEEE iFE EEiiE
ei s EE sggig,tEigggr; ugEEEgg,Egg,gig uE*g EEc EEF EiE iE
:EU
tIIm
={
=*
utzrl
;6N
@_N
Fq
=
=
t
6
d
=-F
UZ
Eoq
!
6
@E
E.gt
ctJ
drE-
=-
477
THIS PAGE INTENTIONALLY LEFT BLANK
478
COMMISSION ITEM SUMMARY
!ntended Outcome Su
lncrease satisfaction with neighborhood character. Increase satisfaction with development and
roMh manaqement across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to requlate development is "about the riqht amount."
Condensed Title:
Second Reading to consider an Ordinance Amendment modifying the definition of Building Heights.
T:\AGENDA\2014\September\Height Defi nition - SUM Second Reading.docx
AGENDA neu RSB
Item Summarv/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would modify the manner in which building heights are calculated by
measuring height from flood elevation as opposed to grade (sidewalk).
On July 23, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 10,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On June 24,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Financial I nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office
Thomas Mooney
MIAMIBEACH oArE /-/0-//479
MIAMIBEACH
City of Miomi Beqch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS,'' SECTION 114.1, "DEFINITIONS," BY INCLUDING
DEFINITIONS FOR MINIMUM FINISHED FLOOR AND CITY OF MIAMI
BEACH FREEBOARD, AND BY AMENDING THE DEFINITION OF HEIGHT
OF BUILDING; PROVIDING FOR REPEALER; SEVERABILITY;
GODIFICATION; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 12, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred a discussion item to the Land Use and Development Committee
pertaining to the measurement of heights in commercial districts, including maximum
heights within the CPS-1 district. On March 19, 2014, the Land Use Committee referred
an Ordinance amendment to the Planning Board, which would change the measurement
of building height from the current grade to Base Flood Elevation. Additionally, the
Mayors Blue Ribbon Panel of Flooding and Sea Level Rise has recommended in favor of
the Ordinance.
ANALYSIS
With the exception of the RS (Single Family) Districts, the City Code currently requires
that maximum height limits be measured from grade (sidewalk elevation). As part of the
discussion pertaining to Seal Level Rise and Flooding, the subject Ordinance would
establish maximum height limits from base flood elevation in commercial and multi-
family districts, should a proposed project elect to construct the first level at or above
flood elevation.
Currently, with the exception of the RS (Single Family Districts) building height is
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: DEFINITION OF BUILDING HEIG
READ!NG - PUBLIC HEARING
480
Commission Memorandum
Ordinance - Definition of Building Height
September 10, 2014 Page 2 o'f 3
measured from grade (the sidewalk elevation at the center of the property), to the
highest point of the roof. The Florida Building Code requires the minimum finished floor
of the first habitable floor to be elevated to the property's FEMA base flood elevation. ln
some instances, the difference between grade and base flood elevation is significant.
For example in the Sunset Harbor Neighborhood, there are properties with a grade
elevation of 3'-0" NGVD and a base flood elevation of 8'-0' NGVD. The Florida Building
Code does allow commercial properties to build habitable floors below the base flood
elevation, if the area located below base flood is either dry or wet flood proofed.
ln an attempt to address the challenges the City is facing from sea level rise the City is
studying the adoption of higher flood management standards, known as freeboard. The
proposal would increase the FEMA base flood elevation, requiring the minimum finished
floor to be higher than the FEMA requirement. Although such an increased elevation
has yet to be adopted, the proposed ordinance references these new standards, should
they be adopted and or modified in the future.
ln order to promote more flood resilient development that will ensure the longevity of the
City's future building stock, amendments to the manner in which building height is
measured are being proposed. The proposal envisions three different scenarios for
measuring building height.
Scenario 1: The minimum finished floor elevation is located between grade and base
flood elevation plus City of Miami Beach-freeboard.
For buildings that choose to locate commercial or nonresidential space
below the minimum base flood elevation determined by the Building
Department (FEMA base flood elevation plus freeboard), but above grade,
the height will be measured form the minimum finished floor
elevation proposed.
Scenario 2: Enclosed space is located at or below grade.
For buildings that have commercial or nonresidential space located at or
below grade, the building height wil! be measured from grade.
Scenario 3: The minimum finished floor elevation is located above the base flood
elev ation pl us freeboard.
ln order to encourage new construction to build to the new higher standard
when the first habitable floor is located at or above the base flood elevation
plus freeboard the building height will be measured form base flood
elevation plus Gity of Miami Beach-freeboard.
While the goal is to promote development that is more resistant to flooding, there is a
potential for some infill development to be inconsistent with the City's as-built context,
particularly in commercial districts. Some uses, such as retail, rely on having an active
presence, as well as direct access, at sidewalk level. ln order to accommodate this
need, an exception is recommended for buildings when the first habitable floor is located
at or above base flood plus City of Miami Beach freeboard. The exception would allow a
transition Space, with a maximum depth of 20'-0", to be located at grade without
requiring the building's height to be measured from grade. This space would serve
several critical functions. First, it would provide the street presence that the commercial
481
Commission Memorandum
Ordinance - Definition of Building Height
September 10, 2014 Page 3 of 3
uses and the City depend upon. Second, it would minimize the impact that infill
development would have on neighboring buildings. Lastly, it would provide a space to
create a transition from the sidewalk to the elevated floor with interior stairs and ramps.
These transition areas typically occur at sidewalk level, and could be designed to be
absorbed by raised streets and sidewalks at some point in the future.
PLANNING BOARD REVIEW
On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2188).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinance was approved at First Reading on July 23,2014.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGEN DAVO 1 4\SeptembeAHeight Definition - MEM Second Read ing.docx
482
BU!LD!NG HEIGHTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE GODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114,..GENERAL PROVISIONS," SECTION 114.1, "DEFINITIONS," BY
INCLUDING DEFINITIONS FOR MINIMUM FINISHED FLOOR AND
GITY OF MIAMI BEACH FREEBOARD, AND BY AMENDING THE
DEFINITION OF HEIGHT OF BUILDING; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Code provides for the regulation of how the height of
buildings are measured, including definitions and exclusions; and
WHEREAS, the City desires to change the method in which the height of
buildings are measured to address sea level rise; and
WHEREAS, it is appropriate to update the definitions in the Land Development
Regulations; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 114, "General Provisions," Section 114-1, "Definitions,"
is hereby amended as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Cffv of Mrami Beach Freeboard. For purposes of measurinq buildinq height, Citv of
Miami Beach Freeboard means the additional elevation between the minimum finished
floor elevation and the base flood elevation, as provided in Section 54-48, Specfic
Standards.
Height of building means the vertical distance from
reef the lowest floor accordinq to the followino, as applicable.
a) When the minimum finished floor elevation is located between orade and base flood
elevation plus 'City of Miami Beach Freeboard', heioht shall be measured from the
minimum finished floor elevation to the highest point of the roof;
b) When enclosed commercial or residential space is located at or below qrade, heioht
483
shall be measured from qrade to the hiqhest point of the roof;
c) When the minimum finished floor elevation is located above the base flood elevation
plus 'Citv of Miami Beach Freeboard', heiqht shall be measured from the base flood
elevation plus'Freeboard'.
The highest point of a roof is as follows:
(1) The highest point of a flat roof;
(2) The deck line of a mansard roof;
(3) The average height between eaves and ridge for gable, hip, and gambrel roofs;
or
(4) The average height between high and low points for a shed roof.
Mrnmum finished f/oor e/eyafion means the lowest enclosed floor above qrade and shall
not include areas for buildinq access, provided such areas do not exceed a depth of 20
feet from the exterior buildinq face. lnterior stairs, ramps and elevators used to transition
from qrade to the minimum finished floor elevation mav be located bevond the 20 feet
depth from the exterior buildinq face. However, areas for building access mav exceed a
depth of 20 feet from the exterior buildinq face if approved bv the Desion Review Board
or Historic Preservation Board, as applicable.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
2of3
484
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
First Reading: July 23,2014
Second Reading:
Verified by:
Planning Director
T:\AGENDA\2014\SeptembeAHeight Definition - ORD Second Reading.docx
2014
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
3of3
485
SgIEEEigEEgpEEgEi;EE:EEEEIE.iit
ipg;etieEE€aflEEE*EEiEEiEEEi;iu3
ggEEEEiEEHB*EiES}EEi}miiirEi$tg#: H s 5i tae;;* ?Et€H gs ;I ;* ef ;?: gEA
HE FE iE
=;iEEf
{E*EE €r gi EE e: sse iir ;
,l;giglgitgrtEgtggEiiggaEatgiggEg
fi fi E EE EE ,EEiEEEE :iEE$ EF is HE qE EsE Eti EE
=iiraiE-s';**EEE*EugEgEiHi*iiiE*'E*EE
Efigi
'+
Ee ig'giEgt isg** i, E,s
'i,E'
it*i$fii
o r Fi BE, iE E$iiEeE$ EEEE3 iF isE rE$ {E iEE iEE EE
=FEE{E,'u*n*'r**iit*EEPgIE55EEig$EEEtgEIF €IH EE EgE;Ef;iE E+flEE E? ElF ;?E gE ffrE iiE EE
c$ *-E c;, i$Eii€EE,EEf,iE Eg, EiE iEi Ei EEE iEs€i
gE iii g$E Ei*igEEi iEEEfiE EIE EEE ES$EE IiEEE3IE
fir sEaE sEE EsEiieEE i6Eg!,i EiE gE; ;!g ii giE Egfi g!-*
'ieE stBt st;t;ses Eie;ee'1g
u*i$ ugig f*g
ggu !;; ig E
Ig ,fi9=.F'
;E sgese u=est sEEeiretg *s€i*E5,es3 *EgE uEi* i
:r(J
€
LLIs
=e
=
\
uznF
N
@-N
Fq
=
=t
oq
d
=-F
Uz
Eo
@
o
=E.o
=
aJ
4q
=sE
486
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment transferring variance and flood plain waiver
authoritv to the Desiqn Review and Historic Preservation Boards.
AGENDA rrem RSC
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to
The proposed Ordinance would transfer variance and flood plain waiver authority from the Board of
Adjustment to the Design Review Board (DRB) and Historic Preservation Board (HPB) for those
projects falling within the jurisdiction of the DRB and HPB.
On June 11,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 10,2014.
On August 26, 2014, the ballot question to modify the Related Special Acts of the City Code, which
was required to modify the Board of Adjustment rules and procedures, was approved by the voters.
The Administration recommends that the City Commission adopt the Ordinance.
On May 27,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
6to0.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office
Thomas Mooney
T:\AG EN DA\20 1 4\SeptemberVariance and Flood Plai n Authority
MIAMIBEACH o^rE q-/0- / y487
g MIAMI BEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBIECT: TRANSFER OF VARIANCE AND OOD PLAIN WAIVER AUTHORITY TO
THE DESIGN REVIEW BOARD AND HISTORIC PRESERVATION BOARD
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, BY AMENDING GHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES," ARTIGLE VIII,..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SECTION 118.351, "DETERMINATION OF JURISDICTION," SECTION 118.
352, "PROGEDURE;" ARTICLE !1, "BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIG PRESERVATION BOARD," SECTION 102, "POWERS AND
DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDIGTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIC
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS, AMENDING THE AUTHORIW OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND TO
TRANSFER THE AUTHORIW OF THE BOARD OF ADJUSTMENT ACTING
AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE DESIGN REVIEW
AND HISTORIC PRESERVATION BOARDS, TO AUTHORIZE SUCH
BOARDS TO GRANT VARIANCES FROM THE FLOOD PLAIN
ORDINANCE FOR APPLICATIONS WITHIN THEIR RESPEGTIVE
JURISDICTIONS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February '19, 2014, the Land Use and Development Committee ("LUDC") discussed
language proposed for ballot questions pertaining to the City's Land Use Boards. Ballot
language, regarding transfer of Board of Adjustment powers and amendments to the
special related acts, was referred to the full City Commission with a favorable
recommendation.
the City
READING - PUBLIC HEARING
488
Commission Memorandum
Ordinance - Variance and Flood Plain Authority
September 10, 2014 Page 2 of 2
Additionally, as part of this discussion, the LUDC directed the Administration to study
various aspects of the City's Land Use Board standards and procedures, and present a
draft Ordinance at its April 9,2014 meeting. ln an effort to streamline the public hearing
process, a draft Ordinance was presented to the LUDC that recommended that both the
Design Review Board (DRB) and Historic Preservation Board (HPB) be able to vote on
variances that arise out of their review of the projects within their respective jurisdictions.
The draft ordinance also recommended transferring the authority of the Flood Plain
Management Board to the HPB and DRB again, for their respective jurisdictions. As a
result, on April 9, 2014 the LUDC referred the proposed ordinance to the Planning
Board.
ANALYSIS
The intent of the proposed ordinance amendment is focused on streamlining the City's
land use board public hearing review processes. The amendment would permit variance
requests arising out of the projects being heard by either the DRB and/or HPB, to be
reviewed and voted on by those boards, rather than necessitating the applicant to file a
separate variance application, and have separate hearings, with the Board of
Adjustment (BOA).
Additionally, as matters of flood waivers for historic buildings are better suited for the
HPB, and similarly for pre-1942 architecturally significant homes being heard by the
DRB, the proposed ordinance would transfer the authority of the Flood Plain
Management Board from the BOA to the HPB and DRB for projects within their
respective jurisdictions.
The proposed Ordinance is subject to an affirmative vote of the electorate, in order to
amend the Related SpecialActs.
PLANNING BOARD REVIEW
On May 27, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 6 to 0 (PB File No. 2182).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
UPDATE
On June 11, 2014, the subject Ordinance was approved at First Reading. On August 26,
2014, the ballot question to modify the Related SpecialActs of the City Code, which was
required to modify the Board of Adjustment rules and procedures, was approved by the
electorate.
CONGLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
T:\AGENDAV014\SeptemberVariance and Flood Plain Authority - MEM Second Reading.docx
489
TRANSFER OF VARIANCE AND FLOOD PLAIN WAIVER AUTHORITY TO THE DESIGN
REVIEW BOARD AND HISTORIC PRESERVATION BOARD.
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,,.ADMINISTRATIVE AND REVIEW PROCEDURES," ARTICLE VIII,
..PROCEDURE FOR VARIANCES AND ADMINISTRATIVE APPEALS,"
SEGTION 118.351, "DETERMINATION OF JURISDICTION," SECTION
118-352, "PROCEDURE;" ARTICLE !1, "BOARDS," DIVISION 3, "DESIGN
REVIEW BOARD," SECTION 118-71, "POWERS AND DUTIES;" DIVISION
4, "HISTORIC PRESERVATION BOARD," SECTION 102, "POWERS AND
DUTIES;" DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118-136,
"POWERS AND DUTIES;" TO AMEND THE JURISDIGTION OF THE
BOARDS OF ADJUSTMENT, DESIGN REVIEW, AND HISTORIG
PRESERVATION BY AUTHORIZING THE DESIGN REVIEW AND
HISTORIC PRESERVATION BOARDS TO GRANT VARIANCES
PRESENTED IN APPLICATIONS WITHIN THEIR RESPECTIVE
JURISDICTIONS, AMENDING THE AUTHORITY OF THE BOARD OF
ADJUSTMENT TO REFLECT THAT CHANGED AUTHORIZATION, AND
TO TRANSFER THE AUTHORITY OF THE BOARD OF ADJUSTMENT
ACTING AS THE FLOOD PLAIN MANAGEMENT BOARD TO THE
DESIGN REVIEW AND HISTORIC PRESERVATION BOARDS, TO
AUTHORIZE SUCH BOARDS TO GRANT VARIANCES FROM THE
FLOOD PLAIN ORDINANCE FOR APPLICATIONS WITHIN THEIR
RESPECTIVE JURISDICTIONS; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development regulations provides for the
regulation of land and establishes the jurisdiction and authority of the various land use
boards within the City, and
WHEREAS, the City Commission has determined that it is in the best interests of the
City to reorganize the responsibilities of the various land use boards, so that the process is
made more efficient for property owners seeking development approvals from land use
boards; and
WHEREAS, one efficiency that the Commission seeks to provide through this
ordinance is to allow the Design Review Board and Historic Preservation Board, when
applications are presented to them, to consider and if appropriate grant variances that are
contained in such plans, and expressly requested as part of the applications presented; and
WHEREAS, when the Design Review Board and Historic Preservation Board are
considering plans that have flood plain implications, such boards should also have the
authority to grant variances from the flood plain regulations, where appropriate; and
WHEREAS, the Planning Board recommended approval at its meeting dated May
27,2014 by a vote of6-0; and
WHEREAS, to the extent that the transfer of authority over variances from the Board
of Adjustment to the Design Review and Historic Preservation Boards required the approval
of the voters, such approval occurred at the election held on August 26,2014', and
490
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, "Administrative and Review Procedures," Article Vlll, "Procedure
forvariances and administrative appeals," Sections 118-351, "Determination of Jurisdiction,"
and 118-352, "Procedure," of the Land Development Regulations, are hereby amended to
read as follows:
Sec. 118-351. Determination of jurisdiction.
All variance requests shall be suOmitteO ,o ,n" city attorney for a determination of
whether the requested variance or administrative appeal is properly before the board of
adjustment, desiqn review board, or historic preservation board, and whether it
constitutes a change or amendment to these land development regulations. The
jurisdiction of the each board e+eAius+me+ shall not attach unless and until the board
has before it a written opinion from the city attorney that the subject matter of the
request is properly before the board. The written recommendations of the planning and
z€ntng director shall be before the board prior to its consideration of any matter before
it. Comments from other departments, including, but not limited to, the public works
department and the planning, design and historic preservation division, shall be
incorporated into these recommendations.
Sec. 1 18-352. Procedure.
(e)Requests for variances before the desiqn review board or historic preservation board
shall follow the procedures for consideration of applications set forth in the land
development requlations for those boards.
SECTION 2. Chapter 118, "Administrative and Review Procedures," Article ll, "Boards,"
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties," Division 4, "Historic
Preservation Board,"Sec.118-102, "Powers and Duties," and Division 5, "Board of
Adjustment," Sec. 118-136, "Powers and duties," of the Land Development Regulations, are
hereby amended to read as follows:
Division 3, "Design Review Board," Sec.118-71, "Powers and Duties."
16; To authorize the orantinq of l/ariances acclrdinq to the vlriance rules, procedures
and criteria in section 118-353, 118-355, 118-356 and 118-357, upon application for
proiects fallinq within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessarv to approve anv variance
request. ln qrantino a variance, the desiqn review board mav prescribe appropriate
conditions and safeouards. Violation of such conditions and safequards, when
made a part of the terms under which the variance is oranted, shall be deemed a
violation of these land development requlations.
2
491
(7) The desiqn review board shall serve as the citv's floodplain manaqement board for
applications concerninq properties within its iurisdiction, and shall have the authoritv
to exercise all powers and perform all duties assioned to such board pursuant to
section 54-31 et seq. and Resolution No. 93-20698, and in accordance with the
procedures set forth therein as such ordinance and resolution mav be amended
from time to time.
Division 4, "Historic Preservation Board,"Sec.118-102, "Powers and Duties."
(5)To authorize the qrantinq of variances according to the variance rules, procedures
and criteria in section 118-353, 118-355, 118-356 and 118-357, upon application for
proiects fallinq within the iurisdiction of this board. An affirmative vote of five-
sevenths of all members of the board shall be necessary to approve anv variance
request. ln qrantinq a variance, the historic preservation board mav prescribe
appropriate conditions and safequards. Violation of such conditions and safequards,
when made a part of the terms under which the variance is qranted. shall be deemed
a violation of these land development reoulations.
with regard te varianees asseeiated with preperties designated as histerie sites;
Register Distriet threugh written reeemmendatien te be read inte the reeerd by the
ptanning and zenl in$
(13) The historic preservation board shall serve as the city's floodplain manaqement
board for applications concerninq properties within its iurisdiction, and shall have
the authoritv to exercise all powers and perform all duties assiqned to such board
pursuant to section 54-31 et seq. and Resolution No. 93-20698. and in accordance
with the procedures set forth therein as such ordinance and resolution mav be
amended from time to time.
Division 5, "Board of Adjustment," Sec. 118-136, "Powers and duties."
(2)To authorize, upon application, €=-sHeh-variances from the terms of these land
development regulations as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement of a provision of these land development
regulations would result in unnecessary and undue hardship, except variances
requested as part of applications within the iurisdiction of the desiqn review board or
historic preservation board. An affirmative vote of five-sevenths of all members of the
board shall be necessary to approve any variance request.
(b) The board of adjustment shall serve as the city's floodplain management board, for
properties within its iurisdiction. and shall have the authority to exercise all powers
and perform all duties assigned to such board pursuant to section 54-31 et seq. and
3
492
Resolution No. 93-20698, and in accordance with the procedures set forth therein as
such ordinance and resolution may be amended from time to time.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
-A*\Q \- t?t(tp
#- City Attorney Date
First Reading: June 11,2014
Second Reading: September
Underscore denotes new language
S+i*etn+eugh denotes deleted lang uage
T:\AGENDA\2014\SeptemberVariance and Flood Plain Authority
4
Thomas R. Mooney, AICP
Planning Director
- ORD Second Reading.docx
493
Eg3EieEggEF,E$Egi;gfl;iEEiEE*ifE
iFi;et;;gEEeE5IE$EEIEIiiEEIgggSE EE sE slE;si ;EEE^ i{ Es s* E;" aEsi*5 ;#
;EsgE}iEE*cisgEEgBi;fgEi;IiEiE;E FE ;E :EEEEf {E*iX €i gg E[ EE EBt ;EH :
sigsEiisEgE{EEEEEEEiiiiEiEgsre;r
g ' F= ;a EFEEEE- EtEEE EF EE *I [E E€E iEi i$
trEggig-giiglgtlgEgglaEggilgiEilIl;i
=lg*giiggEigIEEHEEEEiEFBEE[if
: s sE sE ,E iEii**e$ E;gi* EE
EE$ Ei, EE
iE, $E$ EF
oEFigE,pEEgiEE$gEEEEEiEgii$EfiEEtEEEE{i;H
u iE EiH ;a $gfi{ii! s g;Eei s F Afit fEE frE i$E ECt gE
l;etEi;EeIE;;iSt;EaEEEgggst;EEtEE;iiEqes EpE al iEii;Be;
s;Effg g:- Ef u rF; ,E ${E ;Eg i€Eg :".8$
ii ii* tuE Ei{tEE** E:-t-'-iE
EEE H,Eii EiEHeeIE
iE,E;EE=u*'EEE'iEff,*Eiu!*EE;E=*E;
'
i-
u*EEs,EEigEFFE *Eg'EEE$,EEg-€iB u€i$ Eig EEF iEi iE
fiE :$E F;
E5 E;!lE
'Y--L
TJ
LLIm
=ag
5
x
ulzm
5N
cdN
Fq
=
=t
o
d
=-F
UZ
Eo(,,1E
6
_-
E.q:
aJ
c,r
=
=
494
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 46 Of The Miami Beach City Code, Entitled "Environment," By Amending Article ll, "Care And
Maintenance Of Trees And Plants," By Amending Division 2, "Trees"; To Amend The Definitions,
Purpose And lntent; Scope, Applicability And Exemptions; Permitting Application Requirements,
Notice And Procedures For Obtaining Permits; lmposing Criteria And Conditions For Tree Removal
And Relocation; Tree Replacement; Tree Preservation And Protection Requirements; Defining And
Protecting Heritage And Specimen Trees; Establishing A Miami Beach Tree Preservation Trust Fund;
;DefiningTreesConstitutingAPublicNuisance;ProvidingFor
Appeals; Enforcement And Civil Remedies; Prohibited Species; Duties And Authority Of The Urban
Forester: And Providino For Codif ication:And An Effective Date.
Data Environmenta! Scan, etc: n/a
Item Su mmarv/Recommendation :
The City of Miami Beach (City) adopted the current version ol the Afticle ll. Care and Maintenance of
Trees and Plants Division 2 Trees code on November 8, 2001. Since that time there has been
substantial positive growth of the City's urban forest. A major reforestation effort was approved and
initiated in FY 200612007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with County RER Tree Program. Should the Commission approve the Ordinance
on Second Reading, approval will be sought f rom the County prior to implementation.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
AND IMPLEMENTATION ONCE FINAL COUNTY APPROVAL HAS BEEN OBTAINED.
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and fufther direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for aporoval.
Financial lnformation:
Source of
Funds:
OBPI
Amount Account
T
Tota!
Financia! lmpact Summarv:
AGENDA ITEM RS DE MIAMIBEACH oAre q-/04/495
A MIAMI BEACH
City of Miomi Beoch, I Z0O Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
i
Mayor Philip Levine and Membeis of the ty Commission
FRoM: Jimmy L. Morales, City ND READING
DATE: September 10,2014
1i
t
SUBJECT: AN ORDINANCE OF THE M YOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
coDE, ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE ll, "CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; !MPOSING CRITERIA AND
CONDITIONS FOR TREE REMOVAL AND RELOCATION; TREE REPLACEMENT;
TREE PRESERVATION AND PROTECTION REQUIREMENTS; DEFINING AND
PROTECTTNG HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEACH TREE PRESERVATION TRUST FUND; REGUTATING TREE SERVIGES
WDEFlNlNGTREEScoNST!TUT!NGAPUBL!cNUlSANCE;
PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL REMEDIES;
PROHIBITED SPECIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends approving the Ordinance on the Second Reading and otficial
adoption once final Miami Dade County approval has been obtained.
BACKGROUND
The City of Miami Beach (City) adopted the current version of the Article ll. Care and
Maintenance of Trees and Plants Division 2 Trees code on November 8, 2001. Since that time
there has been substantial positive growth of the City's urban forest. A major reforestation effort
was approved and initiated in FY 200612007. This effort, combined with neighborhood tree
installations associated with ongoing CIP projects, has resulted in 10,000+ reforestation trees in
the City's streetscapes, parks and other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect
and increase the value of the urban forest the development of a strong tree ordinance is of
paramount importance. The City is currently subject to the Miami Dade County (County) tree
preservation and protection ordinance. The present City tree code lacks adequate specifications
and is therefore not officially recognized. The tree code has been redrafted to incorporate many
of the tenets present in the current Miami Dade County tree preservation and protection
496
Tree Ordinance- Memo
September 10, 2014 Page 2 ot 3
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving forward with a draft Ordinance to the full
Commission.
ANALYSIS
Key Revision and Comparison Points:
. Miami Beach gains control over its urban forest. The City has qualified professional staff
to manage the City's tree inventory, but at present, the City must obtain County
Regulatory and Economic Resources (RER), Environmental Resources Management
Tree Program approval and a Tree Removal/Relocation Permit to relocate or remove
trees. This delays recommended management activities and costs money every time the
City applies for a tree removal/relocation permit.
. Creates a Tree Preservation Trust Fund to collect fees, penalties and donations. This
fund shall solely be used for the planting of trees in Miami Beach and any other ancillary
costs associated with the planting, establishment or preservation of trees.
o All fees, mitigation payments, and penalties will be paid to Miami Beach, rather than the
County. At present there is no mechanism that requires payments collected for Miami
Beach properties to be spent in Miami Beach. We can lose trees but get nothing in
return. The City can fund much of its tree planting with money collected as a result of
implementation of this tree code. Mitigation in the revised code will be based on total
canopy removed as in the County code.
. Adopting the revised code would streamline permitting for tree removals and relocations
by eliminating the need to involve and or obtain permission from outside agencies which
in turn saves time and costs for City residents.
. The revised code creates a Heritage Tree designation to recognize and protect trees of
unique character and high value. This allows the City to protect any tree, palm or tree
grouping with a historical value and also includes a strong mechanism to help prevent
any unauthorized removals of these trees and understory. The process to determine the
removal of Heritage Trees will be discussed and incorporated during the implementation
process.
. The County defines Specimen Trees as those with a trunk diameter of 18" or greater.
Mitigation for the removal of Specimen Trees requires more replacement trees and/or
higher mitigation payments than for non-specimen trees. The revised City code
decreases the trunk diameter of Specimen Trees to 9". Trees of this size provide
significant canopy cover, and many of our smaller native species never reach an 18"
diameter. One of these trees could be the U.S. champion but still not be considered a
specimen tree. This recommended change acknowledges the importance of trees
497
Tree Ordinance- Memo
September 10, 2014 Page 3 oI 3
smaller than 18", and is the biggest shift in previous policy concerning permitting and
mitigation.
. Although the County code and the revised City code both require tree protection on
construction sites, and generally specify the same types of protective measures, the
revised City Code provides more comprehensive specifications. Detailed requirements
to remove ambiguity, and promote better compliance. Provisions are included for
adjustments to the requirements if authorized by the Urban Forester.
o The revised code provides definitions, language and punitive penalties designed to
prevent improper tree and palm pruning, effective destruction of trees or palms and any
unlicensed tree or palm removals of protected and heritage trees on private and public
property.
. The appeal process, enforcement, fines, and civil remedies in the revised code generally
follow the existing City policy as stated in the present tree code.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review
and commenting from the County RER Tree Program, and has received initial approval for
compliance with the minimum requirements for exemption from the County Environmental
Code. We are currently in final review stages with the County RER Tree Program. Should the
Commission approve the Ordinance on Second Reading, approval will be sought from the
County prior to implementation.
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
ffi Attachments: Draft Tree Ordinance
rwffiiF/MW
T:\AGENDA\201 4\SeptembeAPublic Works\Tree Ordinance - MEMO.docx
498
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH GITY GODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, "CARE AND MAINTENANCE OF TREES AND
PLANTS," BY AMENDING DIVISION 2, "TREES"; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE, APPLICABILITY
AND EXEMPTIONS; PERMITTING APPLICATION REQUIREMENTS,
NOTICE AND PROCEDURES FOR OBTAINING PERMITS; IMPOSING
CRITERIA AND CONDITIONS FOR TREE REMOVAL AND
RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND
PROTECTION REQUIREMENTS; DEFINING AND PROTECTING
HERITAGE AND SPECIMEN TREES; ESTABLISHING A MIAMI
BEAGH TREE PRESERVATION TRUST FUND; REGUE#'TING TREE
DEFINING TREES CONSTITUTING A
PUBLIC NUISANCE; PROVIDING FOR APPEALS; ENFORCEMENT
AND CIVIL REMEDIES; PROHIBITED SPECIES; DUTIES AND
AUTHORITY OF THE URBAN FORESTER; AND PROVIDING FOR
REPEALER; GODIFICATION; SEVERABILITY; AND AN EFFEGTIVE
DATE.
WHEREAS, the City Commission declares that it is in the public health, safety and
welfare, and the interest of the citizens of Miami Beach, to establish policies, regulations and
standards to ensure its residents and visitors will realize the full benefits of a healthy, well-
managed urban forest; and
WHEREAS, the Administration recognizes that specific changes enhancing the existing
City tree ordinance are necessary to obtain exemption from the regulatory oversight of Miami-
Dade County; and
WHEREAS, a City Tree Preservation Trust Fund needs to be created to collect fees,
penalties and donations, to be used for the planting of trees in the City and any other ancillary
costs associated with the planting, establishment or preservation of trees; and
WHEREAS, a City Tree Work Permit process needs to be created to require licensure
for tree removals, tree relocations, tree canopy pruning, tree root pruning, and regulation for
installations of required tree canopy replacement; and
WHEREAS, a process needs to be created requiring all tree service providers to register
with the City, officially affirming that they shall follow the terms contained in the City tree
ordinance, and be subject to all included fines, corrective actions and penalties for any
violations; and
WHEREAS, enhanced guidelines need to be created defining required tree protection
measures to be undertaken on designated construction sites; and
WHEREAS, a Heritage Tree designation process needs to be created to recognize and
protect trees of unique character and high value, to also include a strong mechanism to help
prevent any unauthorized removals of these trees and understory; and
499
WHEREAS, a Specimen Tree designation needs to be created to include all trees with a
diameter breast height (dbh) of 9" and above, to also include increased canopy mitigation and
monetary contribution requirements for any Specimen tree impacts; and
WHEREAS, the Administration has reviewed the enforcement provisions concerning the
trimming, spraying, removal, planting, pruning, cutting and protection of trees Citywide, and is
recommending the creation of necessary amendments, which shall establish appropriate fines
and penalties; and
WHEREAS, the Administration recommends amending the City's existing tree ordinance
to accomplish the above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article ll, entitled, 'CARE AND MAINTENANCE OF TREES AND PLANTS,'
of Chapter 46 of the Miami Beach City Code, Division 2 thereof, entitled .TREES', is hereby
amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE II. CARE AND MAINTENANCE OF TREES AND PLANTS
DIVISION 2. TREES PRESERVATION AND PROTEGTION
Sec. 46-56. Definitions.
Se€: {6 57: Purpesa
See '16 59: Appli
Sec, 16 60, Plant ma
See '16 62: Tree a
See, 46 63: tethal v
Acf of God. Natural occurrences includinq, but not limited to. hurricanes, tornadoes, liqhtnino
strikes. fire. disease. pest damaqe, or other event that causes a tree to die or decline and is
outside of the control of anv person .
500
Arborisl An individual who is a specialist in the care and maintenance of trees
and is eertified with the A a Certified Arborist bv the International
Societv of Arboriculture (lSA).
Caliper refers te the : A measurement of trunk diameter of nurserv trees, measured 6 inches
above the qround for trunks with a tr€+ig€gard€+sdiameter of 4 inches or less, and 12 inches
above the thiekness.ef qround for trunks with a diameter larqer than 4 inches.
Consulfrno Arborsf: An individual who is a soecialist in the care and maintenance of trees and is
a Reqistered Consultino Arborist ceftified bv the American Societv of Consultinq Arborists
(ASCA)
Cntical Roof Zone: The portion of the root svstem that extends 10 feet from the trunk of the tree,
or as adiusted bv the Public Works Director or his/her desiqnee, as mav be determined bv an
individual tree assessment.
DBH i€+he (Diameter at Breast Height): The measurement of a tree's trunk diameter taken 4 Tz
feet frem grade; above the oround er diameter at brea . The measurement of those
trees with multiple-trunks shall be the sum of the diameters of all trunks at 4 % feet above the
qround.
Drip-line;
leaves ef the erewn ef the tree, An imaoinary vertical line runnino to the qround from the outer-
most horizontal extension of a tree's canopv. Trees with canopies set off-center will be proiected
based on the averaoe diameter of the existino drip-line, usino the tree trunk as its point of
oriqin.
Effecfivelv desfror To cause, suffer. allow or permit anv act which will result in the death or
unnatural decline of a tree, which mav include. but is not limited to, damase inflicted upon the
root svstem bv heavv machinery. excessive root removal or cuttino, excessive trimmino
includinq hatrackino, removal of live palm fronds orioinatino above the horizontal plain, tears
and splittinq of limb ends or peelino and strippino of bark caused bv improper tree and palm
orunino techniques not in accordance with the latest edition of the American National Standards
lnstitute (ANSI) A-300 prunino standards, use of climbino spikes on trees or palms not
desiqnated for removal. trenchinq or excavatinq in the critical root zone, changinq the natural
qrade above the root svstem or around the trunk. damaoe intentionallv inflicted on the tree
which permits infection or pest infestation, application of herbicides or other chemical aqents,
intentional fire damaqe to the tree, the infliction of a trunk wound throuqh qirdlinq. spikinq and
bark removal, or the removal of sufficient canopv to cause the unnatural decline of the tree.
Gridlrnq: The removal of a strip of bark around a tree trunk or a branch of a tree.
Hatracking, ise+i
healthy tree erewn whieh renders the tree unattraetive and limits its ability te give shade, To flat-
cut the crown of a tree bv severino the leader or leaders; or to prune a tree bv stubbinq off
branches three (3) inches or qreater in diameter: or to remove more than 25 percent of a tree's
canopv: or to reduce the size or spread of a tree's crown in a manner not in conformance with
the most recentlv published American National Standards lnstitute (ANSI), 4-300 standards.
501
Hefltaoe Iree: A tree so desiqnated bv the Citv of Miami Beach Mavor and Commission
because of its unique or intrinsic value to the communitv with reoards to its historic value, size,
aqe, location, distinctive form, exceptional characteristics, ecolooical value or other relevant
criteria.
Aanamar4 tree snal
ef ite age and size eempared te ethers ef the same speeies,
in+
Parkway is a bread landseaped publie thereughfare,
Private tree is a tree that belengs te an individual persen; eempany er interest and is leeated en
private preperty Uut
Prohrbrted free species: Those tree species listed in Chapter 24 of the Miami Dade Countv
Code, as amended, whose sale, propaqation. plantinq, importation or transportation shall be
prohibited under Miami-Dade Countv requlations.
Profecfed free: Anv tree that is not desionated bv the Citv of Miami Beach as an exempt tree,
and which:
a. is located on private propertv in sinqle familv zonino districts, havinq a trunk diameter at
DBH of equal to or qreater than nine (9) inches: or
b. is located on public land or zoninq districts other than sinsle familv districts. havinq no
less than a three (3) inch DBH or ten (10) foot mature heioht; or
c. is a replacement tree or anv non-exempt tree that is represented or identified in a
plannino or development document for the purposes of securino an approved Citv
buildinq or demolition permit.
Profecfive barrier Fences or like structures at least four (4) feet in heioht that exclude damaoe
or disturbance to trees and tree roots on construction sites.
Prunrnqlfrimm,nq: The selective removal or reduction of tree limbs to benefit the overall health
and safetv of a tree, pursuant to those requirements established bv the lnternational Societv of
Arboriculture (lSA) and the American National Standards lnstitute (ANSI) 4-300 pruninq
standards (Part1).
Publie tree is a tree that is aeeessible te er shared by all members ef the eemmunity and is
usualtV ptanteO en
Publie nuisanee referenees any tree with an infeetieus disease, inseet er vermin preblern-dead
er dying tree; a tree er lirnb(s) that ebstruet street lights; traffie signs; the free passage ef
Public nur'sance free: A dead or dvinq tree, or a tree with an infectious disease or insect
infestation. or a tree that poses a threat to public safetv or the health of other trees in the
502
vicinitv, as determined bv the Citv of Miami Beach's Public Works Director or his/her desiqnee,
who shall be the Citv's Urban Forester.
Speeies is a elass having eemmen attributes and designated by a eemmen name and similar
ferm,
Specimen Jree:
e haraeter usually measuring 18" er mere, in diameter; I y2' abeve greund level, A tree with an
individual trunk that has a DBH of nine (9) inches or qreater, or anv multiple{runk tree in which
the sum of the diameters of all the trunks at DBH is nine (9) inches or qreater, but not including
non-native species of the oenus Ficus.
Sprkrnq: The insertion. whether verticallv or horizontallv, of foreion obiects into the trunk of the
tree or its root svstem with the intention of killinq the tree.
Topping; refers te a pruning preeess te flat eut the tep ef a tree er te remeve mere than ene
third ef the tree erewn, See Hatrackino.
Viable means eapable ef living; grewing and develeping,
Iree Seryice: Anv business, entitv, or individual who accepts or solicits compensation for
trimminq. removino or relocatino trees, or who trims, removes or relocates trees as part of
landscape or vard maintenance activities for which compensation is accepted.
Urban Foresfer The Citv of Miami Beach official with soecialized knowledqe of urban forest
manaqement, arboricultural and horticultural practices, who has been desiqnated to manaoe the
Citv of Miami Beach's urban forest bv the Public Works Director, to provide direction for tree
plantino, maintenance, removals, and all arboricultural practices and tree-related activities, and
to carrv out the enforcement of this Division.
Sec. 46-57. Purposegg!-lgllq!
The use ef trees en eitrreadways shall be eneeuraged by the eity threugh its departments and
tnreugn eevetepmen
uniferm eentinueus speeies shall be premeted fer the entire length ef a eity street in erder te
street tree planting seheme, Trees will alse be planted fer purpeses ef beautifieatien; air eeeling
ie
right ef way, Te aveid unneeessary eests in the futsre that may be asseeiated with undergreund
utility elegging, sidewalk replaeement and tree related aeeidents due te inapprepriate planting
fer the ameunt ef easement spaee available, Tree plantings shall net eempremise the publie
It is recoonized that trees are a vital part of the Citv of Miami Beach's infrastructure, providino
numerous environmental, economic. and social benefits. Trees improve air qualitv, save energv
bv reducinq air conditioninq costs, ameliorate hiqh urban temperatures, reduce storm water run-
off, increase propertv values. improve productivitv, reduce stress and crime, and beautifv
residential and commercial neiqhborhoods. Trees decrease urban noise. encouraoe tourism
503
and economic orowth, preserve communitv character and identitv, provide habitat for wildlife,
and shade pedestrian walkwavs. lt is the purpose and intent of this Division to establish
policies, reoulations and standards to ensure that the Citv of Miami Beach, its residents and its
visitors will realize the full benefits of a healthv, well-manaoed urban forest. The provisions of
this Division are enacted to:
1. Promote the establishment and maintenance of the optimum sustainable amount of tree
cover on public and private lands.
2. Establish and maintain diversitv in tree species and aoe classes to provide a stable and
sustainable urban forest.
3. Minimize the removal or loss of protected trees.
4. Require mitiqation for the removal of protected trees on public and private propertv.
5. Establish procedures to desiqnate and protect Heritaqe Trees of unique or intrinsic value
to the communitv. as defined in this Division.
6. Maintain Citv of Miami Beach trees in a healthv and non-hazardous condition throuqh
oood manaqement practices.
7. Minimize maintenance costs and damaqe to sidewalks, streets, and other infrastructure
bv plantino tree species that are appropriate for existino site conditions and available
qrowinq space.
8. Preserve the communitv's character and qualitv of life well into the future.
Sec. 46-58. Scope, and applicability-. eggjxgrnptione
Treee that are the subjeet ef review under this divisien shall inelude these trees en all publie and
private preperty whieh are designated fer traneplanting; pruning' releeatien er remeval, Trees
being eensidered fer any ef the aferementiened werk slrall have a diarneter ef 18 inehes er
e
divisien slmll apply te all trees, ineluding these leeated en the publie right ef way; regardless ef
(Ord, Ne, 2000 3279; $ 1; 11 8 00)
It shall be unlaMul for anv person. unless otherwise permitted bv the provisions of this Division,
to perform tree removal work or effectivelv destrov anv tree located within the boundaries of the
Citv of Miami Beach. on either public or private propertv, without first obtaininq a tree work
oermit. The provisions of this Division shall applv to all protected trees on public or private
propertv within the Citv of Miami Beach. unless expresslv exempted in Sec. 46-58.4 herein.
1. Trees that are subiect to review and a tree work permit shall include those trees with a
DBH of three (3) inches or qreater or a mature heiqht of ten (10) feet or qreater on all
public and private propertv, exceot on private propertv in sinqle familv zoninq districts.
Trees that are located on private propertv in sinole familv zoninq districts, and are
specimen trees, shall be subiect to review.
2. Tree and palm work or removals, includino prohibited species, on public or private
propertv must be approved bv the Citv's Public Works Department, and a tree work
permit shall be required from the Citv of Miami Beach.
3. Anv tree work on a public or private right-of-wav shall require a tree work oermit from the
Public Works Department. All manorove trees and anv tree located upon land which is
wetlands as defined in F.S. $ 373.019, as amended, shall be subiect to the permittinq
504
requirements of Article lV of Chapter 24 of the Code of Miami-Dade Countv, Florida. as
amended.
4. Exemptions
The followinq shall be exempt from the provisions of this Division, and do not require a
tree work permit:
a. Removal of prohibited soecies that do not have a Heritaqe Tree desiqnation or are
located in a desiqnated Historic district.
b. Removal of dead trees or trees destroved bv an act of God. This exemption does
not applv to anv trees or palms effectivelv destroved throuqh violations of those
provisions set forth herein.
c. Anv tree that, as the result of damaoe, disease or other cause. poses imminent
danoer to health, safetv or propertv. and therefore requires immediate removal, mav
be removed without obtainins a tree work permit; provided that the owner of the
prooertv can establish that such hazardous condition(s) existed prior to the removal.
d. Removal of trees within the vard area of an existinq sinole familv residence: provided
the trees are not Specimen Trees with a DBH of nine (9) inches or oreater. This
exemption does not applv to trees that are orowino on public riohts-of-wav adioinino
existinq single familv residences.
e. Removal of trees within licensed plant nurseries and botanical qardens; provided
such trees were planted and are qrowino for the displav, breeding. propaoation. sale
or intended sale to the qeneral public in the ordinary course of business.
f. Removinq, trimminq, cuttinq or alterino of anv manqrove tree or removal of anv tree
located upon land which is wetlands as defined in Section 24-5 of the Code of Miami-
Dade Countv, Florida, and are subiect to the permittinq requirements of Article lV of
Chapter 24 of the Code of Miami-Dade Countv, Florida.
The Citv Manaqer mav suspend the enforcement provisions of this Division bv determininq
that tree removal permittinq requirements will hamper private or public work to restore order
to the Citv of Miami Beach after a declared state of emersencv bv the Citv or other
oovernmental authoritv, followino an extreme weather event or other disaster.
Nothino in this Division shall be construed to prevent the prunino or trimming of trees on
private propertv where necessary for proper landscape maintenance and safetv. provided
that no more than twentv-five (25) percent of the crown or foliaqe is removed annuallv and
that the prunino performed does not effectivelv destrov the tree.
iew=
Requiremente fer aequiring a permit fer transplanting; pruning; releeatien er remeval ef a tree
meas+t+i(1) An applieatien ferm aequired frem the publie werks department; whieh will aet as the
ing
ins
505
be+equir€+
(3) lf deemed neeessary, a phetegraph' ef adequate quality; ef the kee prepesed fer review,
( l) Fer eemmereial and multi family preperty; a eepy ef the preperty survey with a marked
single family preperty, a site sketeh indieating the appreximate leeatien ef the tree is required'(5) A written deseriptien ef the prepesed tree werk,(6) A tree maintenanee eempany whieh is state lieensed and insured shall shew preef ef
+e+
When an applieatien is deemed te be eemplete and is appreved by the publie werks
i€ieren+n
may alse be required fer tree rerneval as per seetien 118 56 l, lf the permitted werk is net
eempleted within ene year frem the issuanee date, the permit shall beeeme null and veid, The
eity shall endeaver te ensure that the previsiens ef this divisien are net used te unduly burden a
preperty ewner, er prevent them frem the reasenable eeenemie use ef their preperty,
Sec. 46-59. Tree work permit application processinq. requirements. and review.
1. PermrT, when reourred A tree work permit shall be required:
a. for the removal or relocation of anv tree within the Citv of Miami Beach that is subiect
to review as specified in section 46-58: or
b. for pruninq or trimminq that removes more than twentv-five (25) percent of the
canopv of a tree: or
c. for the pruninq of tree roots with a diameter of two (2) inches or oreater. except that
no permit shall be required for the prunino of roots when such prunino is essential to
anv emerqencv repairs.
No person. aqent or representative thereof. directlv or indirectlv, shall trim more than 25% of
a tree's canopv, or cut down. remove. relocate, or effectivelv destrov anv tree situated on
anv propertv described in Sec. 46-58, or prune roots two (2) inches in diameter or laroer,
without first obtainino a tree work permit as hereinafter provided. No buildinq permit shall be
issued bv the Citv's Buildino Department. and no riqht-of-wav permit shall be issued bv the
Public Works Department, for anv work that has the potential to affect trees, includinq new
construction, additions, carports. pools. decks, fences. drivewavs, parking lots, tennis courts,
demolition, or similar work, unless it has been determined that no tree work permit is
required, or a valid tree work permit has been issued in accordance with this Division.
2. Applicafion reouremenfs. Applications for tree work permits shall be made on the form
provided for that purpose bv the Public Works Department. The application shall include a
written statement indicating the reasons for the removal or relocation of each tree, or for
removinq more than 25% of a tree's canopv, or for cuttino roots two (2) inches in diameter or
laroer. and shall describe the proposed tree work. The followino documentation and anv
applicable fees shall accompanv applications:
a. Applications for all locations except for existinq sinole familv homes. Applications for
tree work, in coniunction with anv new construction, includinq new sinqle familv
homes and additions, shall include a tree survev drawn to scale identifvino the
506
species and listino the heiqht, spread and DBH of all existino trees shall be provided.
The tree survev shall be prepared bv and bear the seal of a professional land
survevor, licensed in the State of Florida. ln addition, a tree disposition and site plan
drawn to scale identifvino and listino all existinq trees and specifvinq the condition of
each tree and whether such trees are to remain, to be removed, to be relocated, to
have more than 25% of the canopv removed, and/or to have roots two (2) inches in
diameter or laroer cut shall be provided. This plan shall also illustrate the location of
all existinq structures and/or all proposed new construction, as applicable, the
location of anv overhead and/or underqround utilities. the new locations of existinq
trees to be relocated on site, and all areas affected bv construction-related activities,
such as access routes to the propertv, and staqinq area. The plan shall be prepared
bv and bear the seal of a landscape architect currentlv licensed to practice in the
State of Florida.
b. Applications for existinq sinqle familv homes. Applications for tree work at existinq
sinqle familv homes, shall require a site sketch indicatino the approximate location
and disposition of the tree(s) shall fulfill the requirement for a tree survev and site
Plan.
c. A tree replacement plan prepared in accordance with Sec. 46-62.
d. The Public Works Department shall determine the completeness of an application
pursuant to this subsection. and provide notification to the applicant of anv material
that is required for the issuance or denial of the tree work permit.
3. Review of applicaflon. Upon receipt of a completed application. the Public Works
Department shall review the application for compliance with the requlations as set forth in
this Division. Such review shall include a field inspection of the site, and if appropriate,
referral of the application to the Citv's Plannino Department, and other Citv departments or
aqencies, as necessarv. ln historic districts, a Certificate of Appropriateness mav be
required for the proposed tree(s) and or palm(s) impacts, as per Article X - Historic
Preservation, Division 3, Sec. 118-564. The Public Works Department shall issue an
intended decision approvinq, denvino or approvino with conditions the application within
thirtv (30) calendar davs from the date the application is deemed completed.
4. Nofice. The Public Works Department shall notifv the applicant and post a notice of the
intended decision on or adiacent to the subiect propertv in a location visible to the qeneral
public. The notice approvinq or denvino an application for a tree work permit shall be issued
within twentv-four (24) hours of its determination. The postinq is to remain visible on the
subiect propertv for ten (10) calendar davs from the posting date.
5. /ssuance of oermff The tree work permit, if approved bv the Public Works Department. shall
be issued. The propertv owner shall be responsible for insurinq that the tree work permit is
displaved until the authorized work is completed. lf the permitted work is not completed
within one vear from the issuance date. the permit shall become subiect to revocation.
6. Fees. Fees for tree work permits shall be established bv the Citv Commission. Applications
from oovernment aqencies for tree removals solelv in areas dedicated to public use mav, at
the discretion of the Citv Commission, be exempted from application and permit fees.
7. Frnal rnspecfion. No later than six (6) months followinq the completion of the authorized
work, the applicant shall schedule a final inspection with the Public Works Department for
verification and acceptance of the final authorized work. The inspection shall be conducted
bv the Urban Forester or his/her desiqnee. All new, relocated or mitiqation trees within the
507
proiect area shall be replaced, if thev are not alive and viable one (1) vear after the final
inspection.
See, l6 60, Plant material net requiring a permit,
Remeval ef the fellewing plants is permitted witheut an applieatien; but requires a site visit, All
e
prenigite+(1) Aeaeia aurieulea'Fermis'; Earleaf Aeaeia
(3) Arauearia heterephylla; Nerfelk lsland Pine
ine(6) Cupaniepsis anaeardiepsis; earretweed(7) Melaleuea quinquenervia; Paperbark Tree
(1 1) Sehefflera aetinephylla' Queensland Umbrella Tree
(12) Sehinus terebinthifeliue; Brazilian Pepper
€rt1+
Sec. 46-60. Criteria and conditions for tree removal and relocation.
1 . Crifera for non-specmen free removal. No tree work permit shall be issued for tree removal
from the site. unless one of the followinq criteria exists:
a. The tree is located in the proposed buildino footprint or vard area where a structure or
improvement mav be placed and unreasonablv restricts the permitted use of the
propertv. Trees located in the propertv frontaoe (within the Citv of Miami Beach's
required setback), shall not be considered to be located within the buildinq footprint or
vard. Trees on the public riqht-of-wav shall not be considered for removal as a result of
restriction to or from inqress or eqress to the oaraoes or parkinq on the site: provided
however, that if there is no other reasonable access to and from the structure or to the
propertv from the public rioht-of-wav, as determined bv the Public Works Director or
his/her desiqnee, this requirement shall be waived. All proiect drawinqs must include all
existinq trees on the private propertv and public rioht-of-wav accuratelv drawn to scale.
Authorization to remove trees, includinq rioht-of-wav trees, shall be approved prior to
issuance of a buildino permit.
b. The tree is diseased, damaqed or in danoer of fallinq: interferes with utilitv service;
creates unsafe vision clearance that cannot be corrected throuqh pruninq without
effectivelv destrovinq the tree, or materiallv impairs the structural inteqritv of an existinq
structure.
c. The tree is an undesirable or non-native tree species and will be replaced with a South
Florida native tree species to promote qood forestrv practices, or is an undesirable or
non-native species and interferes with native tree species.
d. The tree creates a health hazard, or it is in the qeneral health. safetv and welfare of the
public that the tree be removed for a reason other than set forth above.
2. Conditions for tree removal, relocation and replacement of non-specimen trees.
10
508
a. The applicant mav be required to redesiqn the proiect to preserve non-specimen tree(s),
or anv other tree determined bv the Public Works Director or his/her desiqnee to be of
substantial value due to its species, size, aoe, form and/or historical sionificance. and to
provide an alternate plan, when feasible, which shall include the preservation of such
tree(s) and desiqn alterations within the scope and intent of the initiallv proposed plan.
b. Where practical, as determined bv the Public Works Director or his/her desiqnee,
Specimen trees, or anv other tree determined bv the Public Works Department to be of
substantial value due to its species, size, aoe, form and/or historical siqnificance. that is
proposed for removal, shall be relocated on or off-site. The applicant shall adhere to
acceptable tree relocation specifications. in accordance with the most current ANSI A-
300 Standards.
c. lf the Public Works Director or his/her desiqnee determines it is not reasonablv possible
to relocate such tree(s) either on or off-site, because of aoe, tvpe, size, or condition, the
applicant shall be required to replace all trees permitted to be removed in accordance
with the tree replacement requirements in Sec. 46-62.
d. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist before
makino anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reqistered Consultinq Arborist durinq construction to assure tree preservation.
See, 46 61, EnfereemenUeivil remedies,
The eity's parks maintenanee divisien' publie werks department; and the envirenmental reseuree
have the pewer ef enfereement, shall have the eewer te premulgate and enferee rules;
regulatiens and speeifieatiens eeneerning the trimming; sprayhg; remeval; planting; pruning;
eutting and preteetien ef trees eitywide, The eest ef repair er replaeement; er the appraised
ien=
$15,000,00 fer eaeh vielatien, ln additien, maximum eests may be in the ameunt whieh is
ln additien te any ether remedies previded by this divisien; the eity shall have the fellewing
judicial remedie
under this divisien:
(1) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te establish liability
and te reeever damages fer any injury eaused by the remeval ef trees in eentraventlen ef the
terms ef this artiele, ln additien, the eity shall be entitled te reeever its atterney's fees and eests,
Hewever, the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlavvfully remeved under the
previsiens ef this divisien shall eenstitute a separate vielatien hereunder, ln additien; the eity
(3) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te seek injunetive
relief te enferee eemplianee with this divisien te enjein any vielatien thereef; and te seek
11
509
injunetive relief te prevent irreparable injury te the trees er preperties eneempassed by the terms
ef this divisien= ln additien, the eity shall be entitled te reeever its atterney's fees and eests'
Sec. 46-61. Griteria and conditions for the removal of more than 25% of a tree's canopv or
for cutting roots two inches in diameter or larger.
1. Crteria. No permit shall be issued for the removal of more than 25% of a tree's canopv or for
cuttino roots two inches in diameter or larqer, unless one of the followino criteria exists:
a. The tree is located in the proposed buildinq footprint area or vard area where a structure
or improvement mav be olaced and unreasonablv restricts the permitted use of the
propertv. Trees located in the propertv frontaoe (within the Citv of Miami Beach's
required setback), shall not be considered to be located within the buildinq footprint or
vard. Trees on the public riqht-of-wav shall not be considered for removal of more than
25% of a tree's canopv or for cutting roots two inches in diameter or laroer as a result of
restriction to or from ingress or eqress to the oarages or parkinq on the site, provided
however. that if there is no other reasonable access to and from the structure or to the
propertv from the public riqht-of-wav, as determined bv the Public Works Director or
his/her desionee, this requirement shall be waived. All proiect drawinqs must include all
existinq trees on the private propertv and public riqht-of-wav drawn to scale.
Authorization to remove more than 25% of a tree's canopv or to cut roots two inches in
diameter or larqer, includinq rioht-of-wav trees, must be approved prior to issuance of a
buildinq permit.
b. The tree is diseased or damaoed; creates hazardous conditions; interferes with utilitv
service: creates unsafe vision clearance: or materiallv impairs the structural integritv of
an existino structure.
2. Condrtions. Anv of the followino conditions mav be required:
a. The applicant mav be required to redesiqn the proiect to preserve the structural inteoritv
and minimize impacts to Specimen tree(s), or anv other tree determined bv the Public
Works Director or his/her desiqnee to be of substantial value due to its species. size,
aqe, form and/or historical siqnificance, and to provide an alternate plan, when feasible.
which shall include the preservation and protection of such tree(s) and desion alterations
within the scope and intent of the initiallv proposed plan. For all permitted tree work, the
applicant shall adhere to lnternational Societv of Arboriculture (lSA) Best Manaqement
Practices, and to ANSI 4300 Standards as published in the most current edition of ANS/
A300. The American National Standard for Tree Care Operations - Tree. Shrub, and
Other Woodv Plant Maintenance - Standard Practices.
b. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist before
makino anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reqistered Consultinq Arborist durino construction to assure tree preservation and
protection.
ie+
It shall be unlawful te abuse any tree leeated within the beundaries ef the City ef Miami Beaeh;
either publie er private, The fellewing aets shall eenstitute tree abuse:
(1) Damage inflieted upen any part ef a tree; ineluding its reet system; by maehinery;
t2
510
ie+
(3) Cutting upen any tree whieh destreys its natural shape; sueh as tepping er hatraeking,
( l) Fastening any sign, repe; wire er ebjeet by nail; staple; ehemieal substanee; er ether
(5) Any pruning, er eutting, in vielatien ef the praetiees established by the Natienal Arberist
A€,se€ia*i€+
Sec. 46-62. Tree replacement.
1. Iree replacemenf charf. The tree replacement chart. below, shall be used to determine the
total number-e*+d#of trees that must be planted for the replacement of those trees
oermitted to be removed. A tree reolacement o
Oeoartment as oart ot
ot trees, numUer of s
reolacement trees the total souare foo of the trees to be removed,
and such measurementdete#ml ie* is accomplished
use of aerial ohoto sm
i*inehes ef the di
nHmber in inehes t
reme+e4 eanopydiasete+ measurement shall be rounded up to the nearest footheh. -4#
reeleeement tree$
in Crede€ end Sfanda€ene#ieee-Refer to Sec. 46-65 Specimen Tree Standards for tree replacement
requirements for Specimen trees.
a) Tree replacement chart.
TABLE INSET:
Reolacement Tree
C ate o o rv*e*at+Eame*erMW
Canoov Credit in Souare
Ecet+€+a*+#
ffi:ffi
Cateoorv 1 TreeS!-#3002
Cateoorv 2Treel":--4#rcqt
Cateoorv 3 Tree43r--f&1_0Q6
t3
511
Cateoorv 4 Palm44' I
-a^"
I gv=24
fne Pubtic Wort<s Oe
reolacement tree. T
heiohts shall be de
to the too-most branch. All cateoorv 1 trees shall be a minimum of twelve (12) feet in heioht at
tne time ot ptantin
(tOt feet in height a
be a minimum of eioh
cateoorv 4 oalms shall have a minimum (6) foot clear trunk. lf the sHm ef the dia
ef trees reeHired as
2. Iree species and diversrty sfandards. Tree(s) installed as replacement trees shall be tree(s)
of native or non-native species and shall be planted accordinq to ISA best manaoement
practices, and to ANSI A300 Standards as published in the most current edition of ANS/
A300. The American National Standard for Tree Care Operations - Tree. Shrub. and Other
Woodv Plant Maintenance - Standard Practices. When more than ten (10\ trees are
installed as replacement trees. a diversitv of species shall be required as per the Tree
Species Diversitv Chart. below.
a) Tree species diversitv chart.
TABLE INSET:
Required number of trees Required minimum number of species
0114'-20 z
21--50 !
51 or oreater 6
The number of trees of each species planted shall be proportionalto the number of species
required. A minimum of fiftv (50) percent of all replacement trees planted shall be native to
Miami-Dade Countv, and no more than thirtv (30) percent of the replacement trees shall be
palms. Palms mav be installed onlv to replace palms. When trees native to South Florida are
removed, all replacement trees for such native trees shall be native to South Florida. South
Florida is oeoqraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 1 1 .
3. Prohibifed species. Replacement trees shall not be required for the removal of anv
prohibited species. and no fees shall be charsed for removal of prohibited species.
However, Miami Beach Historic Preservation Board approval is required before anv
Specimen tree. includinq prohibited species, is removed from public or private propertv
within a desiqnated historic district.
4. Iree oualffy. Trees installed as replacement trees in accordance with this section shall
conform to, or exceed. the minimum standards as Florida Number One or better as provided
14
512
in the most current edition of 'Grades and Sfandards for Nurserv P/anfs. Parf / and
//, " prepared bv the Florida Department of Aoriculture and Consumer Services. Trees shall
be planted accordinq to ISA best manaqement practices and ANSI ,4300 Standards as
published in the most current edition of ANS/ 4300, Ihe American Nafional Sfandard for
Tree Care Operations - Tree, Shrub, and Other Woodv Plant Maintenance - Standard
Practices.
5. Off-sfe replacemenf frees. ln those circumstances that the total number of trees required as
replacement trees cannot be reasonablv planted on the subiect propertv, the applicant mav
enter into an aqreement with the Citv. to plant the excess number of replacement trees on
an approved alternate location of publiclv owned land or publiclv accessible parcel.
6. Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances that the lotal
number of trees required as replacement trees cannot be reasonablv planted on the subiect
propertv. and there is insufficient plantinq space available at a Public Works Department
approved alternate location(s) of publiclv owned land or publiclv accessible parcel, the
applicant shall contribute to the Citv of Miami Beach's Tree Preservation Trust Fund the sum
of one thousand dollars ($1.000.00) for each#BH-tree required as replacement
trees in accordance with Sec. 46-62. -The fee allocated to the Tree Preservation Trust Fund
mav be reviewed periodicallv bv the Citv Commission to reflect cost of livinq adiustments
and/or market conditions, and mav be modified bv approval of the Citv Commission. ln
establishinq and reviewinq fees. the Citv shall consider the cost of material, labor,
transportation, plantinq. waterinq and mortalitv rate of replacement trees.
7. Complefion. The replacement tree process must be completed prior to the issuance of a
certificate of occupancv or temporarv certificate of occupancv, and in accordance with the
specific conditions set forth and identified in the tree work permit.
ie-nuisanee.
The retentien and maintenanee en private preperty ef palm trees that have been killed; er that
ie
dying, palm trees is alse deelared te be unlavyful, The eity is hereby autherized and empewered;
dead, er dying, palm trees at the expense ef the ewner er pessesser thereef; and te impese
liens against sueh land, and te enferee the same as speeial assessment liens are enfereed,
State law referenee tethalyellewingi F,S, S 187,161,
Sec. 46-63. Tree preservation and protection requirements. root cuttinq and tree
relocations.
1. Tree protection reouirements durinq construction
a. General. All reasonable steps shall be taken to prevent the destruction or damaqinq
of trees for which no tree work permit has been issued durinq site development and
construction on private or public propertv Anv owner, tenant, contractor or agent
thereof who fails to provide tree protection, as set forth herein, shall be subiect to
15
513
enforcement as provided in Sec. 46-687€. Trees destroved or incurrinq maior
damaoe must be replaced bv trees of equal environmental value, as specified bv the
Public Works Department, prior to the issuance of the certificate of occupancv or
certificate of use. unless removal of the trees has been authorized pursuant to a tree
work permit. Tree protection zones must be established for all trees that remain in
place on site and for anv trees relocated within or to the site. When proposed
development activities mav damaoe the root svstems or canopies of trees to be
retained or relocated on site, alternatives to the proposed activities, or effective
orotective measures. shall be identified and used.
b. PermTconsfrucfion drawnos. All permit and construction drawinos of the site shall
show the tree protection zones, as prescribed bv the Public Works Department, as
shaded areas that are accuratelv drawn to scale and labeled as such on the
drawinqs. The tree protection zones shall be shown on all drawinos that include anv
underoround utilitv installations, includinq but not limited to, irriqation, plumbinq,
electrical, telecommunication or streetliqht lines. The tree protection zones shall be
shown on all drawinqs that include structural installations that will require
excavation(s). and for above-qround installations that mav include, but is not limited
to. such as walkwavs, street liqhts, overhead wires or other tvpes of infrastructure.
2. Tree protection requirements
The followino tree protection, root prunino. and tree relocation specifications must be
adhered to as a condition of approval of the site plan for anv proiect. The Urban Forester
mav require supplemental protection measures to ensure the protection of trees. The
Urban Forester shall have the authoritv to enter the subiect propertv to ensure
compliance with required tree protection measures.
a. Protective Barriersi) Placement. Protective barriers shall be placed at the drip line of each tree,
cluster of trees. or preservation area. and in no case less than ten (10) feet
from the trunk of anv protected tree, tree cluster or preservation area. ln
situations where trees have been transplanted to the proiect site, the
protective fencinq shall be placed no closer to the tree than a point one to two
feet outside the root ball. or at the drip line. whichever is qreater. The fenced
tree protection zones shall be extended where necessary to protect tree
canopies roots. lf trees are to be preserved in place and root prunino is
required to accommodate new construction, the root pruninq locations shall
be identified and approved bv the Public Works Department. and fencins
shall be installed one (1) to two (2) feet bevond the edoe of the root ball. The
installation of the fencinq shall be coordinated with anv phased root pruninq
that must occur. Tree maintenance measures must be in place prior to anv
root pruninq or transplantinq.
ii) Timinq and Duration. All protective barriers shall be installed prior to the start
of anv construction or site development, includinq tree removal, demolition or
land-clearinq activities, and shall remain in place throuqhout all phases of
construction. Protective barriers shall be maintained in place until
development is completed, and shall not be removed until the Public Works
Department inspects the site and authorizes their removal.
iii) Barrier Specifications. Sturdv temporarv barriers shall be installed around all
tree protection zones. Barriers shall be a minimum of four feet hiqh, and shall
t6
514
be constructed of continuous chain link fence with metal posts at 8-foot
spacinq, or of two-bv-four-inch posts with three equallv spaced two-bv-four-
inch rails. Posts mav be shifted to avoid roots.
b. Activities Within Tree Protection Zones Enclosed Bv Protective Barriersi) Understorv plants within areas surrounded bv protective barriers shall be
Protected.ii) No oil, fill, equipment, buildinq materials, buildinq debris, or anv other material
shall be placed within the areas surrounded bv protective barriers.
iii) No disposal of anv waste material such as paints, oils. solvents, asphalt.
concrete. mortar, or anv other material shall occur within the areas
surrounded bv protective barriers.
iv) Natural grade shall be maintained on areas surrounded bv protective barriers.
ln the event that the natural qrade of the site is chanqed as a result of site
development such that the safetv of the tree mav be endangered, tree wells
or retaininq walls are required.
v) Onlv hand diqqinq and qradino activities will be permitted within the tree
orotection zone. All surroundinq areas must be oraded to a point that meets
the outside of the tree protection zone
vi) Underqround utilitv lines, includins, but not limited to, irriqation, plumbinq,
electrical, or telecommunication lines, shall be placed outside the areas
enclosed bv protective barriers. lf such placement is not possible. disturbance
and root damaoe shall be minimized bv usino techniques such as tunnelino,
hand diqqinq, excavation with an air spade, or the use of overhead utilitv
lines.
vii) No vehicles or equipment shall be permitted within areas surrounded bv
protective barriers
c. Fences. walkwavs and walls shall be constructed to avoid disturbance to anv
protected tree. Post holes and trenches located close to trees shall be duo bv hand
and adiusted as necessarv, usinq techniques to avoid damaoe to maior roots
svstem.
d. No attachments or wires other than those of a protective or non-damaqino nature
shall be attached to anv trees durino site development or construction.
e. Relocated trees shall be braced in such a fashion as to not scar, penetrate,
perforate, or otherwise inflict damaqe to the tree.
f. All trees planted or transplanted pursuant to this Division shall be maintained alive
and healthv in the site of planting or transplantation for a period of one vear after final
acceptance bv the Public Works Department. Anv trees that die or are effectivelv
destroved within one vear shall be replaced bv the applicant or its successors or
assions.
3. Root cuttinq
The cuttino of roots with a diameter of two inches or larqer is prohibited, unless there is no
feasible construction alternative. as determined bv the Public Works Director or his/her
desionee. The Citv mav require that construction activities, such as trench lines and walkwav
construction. be redirected awav from trees.
Root cuttinq shall be done accordinq to aoproved techniques as outlined herein:
a. Trees shall be evaluated bv the Urban Forester to determine whether the root cuttinq
will destabilize the tree or cause unacceptable damaoe to the tree.
t7
515
b. Root cuts shall be made. at minimum, a distance from the trunk equivalent to three
times the tree's trunk diameter at 4.5 feet above qround €BH) unless unavoidable
because of sidewalks. pavement. or other infrastructure. Root cuts must be made at
a distance from the trunk equivalent to five times the tree's DBH or qreater in all
other circumstances.
c. Roots mav not be torn off with oower equipment, and cut roots shall not be left with
ripped, raooed or shredded ends. Roots must be cleanlv severed with sharp hand
tools or power root saws.
d. When tunnelinq or otherwise avoiding roots is not possible, the trench shall be
carefullv excavated bv hand or machine and, when a root with a diameter of 2 inches
or qreater is encountered, a final clean cut shall be made with a saw. The cut shall
be made flush with the side of the trench closest to the tree. The root prunino trench
shall be backfilled with soil.
e. When adiacent to new curbinq, uncurbed paved areas, or areas of orade changes,
roots shall be cut no more than 18 inches towards the tree from the back of the curb.
the edoe of the pavement, or the point of intersection of old and new orades,
respectivelv. After root prunino, no excavation for the installation of forms or for any
other reason mav be performed anv closer than six inches outside of the root prunino
cut. The root pruninq trench shall be backfilled with soil.
4. Tree relocations
a. lrrioation must be present and applied effectivelv for two to four weeks prior to root
pruninq, throuoh the period of root pruninq. and after root prunino and
transplantation until the tree has been completelv reestablished at the new plantinq
space. lrriqation shall be operated automaticallv with water beino applied directlv to
and iust outside of the remainino intact root svstem. Waterino frequencv shall be
such so as to insure that free water is available to the root svstem at all times. Anv
temporarv disruotion in automatic operation shall be supplemented bv hand
waterinq.
b. There should be no canopv pruning or a minimum of canopv prunino before or after
root pruninq. Dead, diseased or damaoed branches shall be pruned at this time.
c. The root svstem of a tree to be relocated shall be well-watered before the tree is duq
and lifted to ensure that the tree is properlv hvdrated. and to improve cohesiveness
of the root ball.
d. All plantinq. transplantinq and relocatinq of trees or palms shall, be done in
compliance with standards set forth in the most recentlv published edition of the
American National Standards lnstitute ANSI A-300 Standards. This requirement
includes all orocedures. techniques. standards for minimum root ball size, and anv
other standards included in ANSI 4-300 Standards.
Exceptions to the requirements of subsections (1) and/or (2) and/or (3) of this section shall be
approved onlv when the propertv owner receives specific written authorization from the Public
Works Director. The Public Works Director shall not issue written approval, unless the Public
Works Director determines that the affected trees can be adequatelv protected and maintained
without meetino the requirements of this subsections, or that. due to exceptional circumstances,
it is not practical or reasonable to meet the requirements of this section.
18
516
Sec. 46-64. Heritaqe trees.
1. Desr?nafion; Heritaoe Trees shall be those trees or qroupinq of trees desionated bv a
resolution of the Citv Commission in recoqnition that the trees or oroupino of trees are of unique
or intrinsic value to the qeneral public. Trees of anv species, includinq prohibited species, mav
be desiqnated as Heritaqe Trees, provided thev meet the required criteria. Trees mav be so
desiqnated, if one of the followinq criteria applies:
a. lt is an historic tree or oroupinq of trees, of notable historical interest and value to the
Citv of Miami Beach because of its or their location or historical association with the
communitv.
b. lt is a tree or qroupinq of trees of hioh value to the communitv because of its or their
species, size, aqe. location. distinctive form, exceptional characteristics, ecoloqical
value, aesthetic value or other relevant criteria.
c. lt is a champion tree or qroupino of trees, identified bv the State of Florida Division of
Forestrv as beino the larsest of its species within the state or bv the American
Forestrv Association as beinq the laroest of its species in the United States or the
world.
Desiqnations can be initiated bv anv person with the written consent of the propertv owner(s) of
such tree(s) bv makins an application to the Public Works Department or. on Citv owned
propertv bv the Citv. Desionation requests shall be reviewed bv the Public Works Director, and
those trees meetino the requirements of this section shall be presented to the Citv Commission,
which shall decide whether to desionate a tree(s) as a Heritaqe Tree. The desionation of anv
prohibited species as a Heritaqe tree, requires the issuance of a variance from Section 24 of the
Code of Miami-Dade Countv. Florida, and shall be obtained prior to the Citv Commission
Desiqnation. The Citv Clerk shall notifv the propertv owner(s) in writinq of the desisnation bv the
Citv Commission of the Heritaoe Tree. A listinq of desiqnated Heritase Trees, includino the
specific locations thereof, shall be kept bv the Public Works Department.
2. Profecfion; Anv tree or oroupinq desionated as a Heritaoe Tree shall be subiect to the
provisions of this Code.
a. All areas within the drip-line of a Heritaoe Tree shall be protected from anv activitv
that mav disturb or iniure the tree.
b. Prior to the commencement of anv development activities or other potentiallv
disturbinq activities that mav impact a Heritaoe Tree, and for the duration of such
activitv. protective barriers required bv Sec. 46-63. Root cuttinq and tree relocations
shall be placed a minimum of fifteen (15) feet from the trunk of the tree or at the drip-
line of the tree. whichever is oreater.
c. Where development activitv or other potentiallv disturbinq activitv is permitted within
the drip-line of a Heritaqe Tree, the Urban Forester mav require additional protection
provisions to be incorporated in the conditions of the permit to assure protection of
the Heritaoe Tree.
d. A variance of the required minimum front, rear, and side-vard setbacks mav be
qranted to allow the preservation of Heritaoe Trees.
3. Removal: No tree work permit shall be issued for removal of a Heritaqe Tree without a
written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultino Arborist
demonstratinq that removal is necessary to avoid an immediate peril to life and/or propertv,
and/or the tree is dead, non-viable, or deteriorated to the point that removal is warranted.
t9
517
Furthermore, the tree work permit shall not be issued until the Urban Forester evaluates the
tree and determines that removal is necessarv. Removal of Heritaoe Trees must be
approved bv the Citv Commission and the replacement shall be determined bv the Citv
Commission.
Sec. 46-65. Specimen tree standards.
1. Specmen frees. Specimen trees that have not been classified as prohibited species shall be
preserved whenever reasonablv possible. The Public Works Department shall consider all of
the followino factors in evaluatinq an application for the renewal of Specimen tree(s):
a. Size and confiquration of the propertv: and
b. Size and confiouration of anv proposed development: and
c. Location of the tree relative to anv proposed development. and
d. Whether or not the tree can be preserved under the proposed plan or anv
alternative plan: and
e. Health, condition and aesthetic qualities of the tree: and
f . Whether the tree poses a threat to persons or propertv.
2. A/fernafe p/ans. lf, upon review of the factors enumerated in Secfion 46-59, the Public
Works Department determines that a Specimen tree cannot reasonablv be preserved under
the proposed plan. the applicant mav be required to provide an alternate plan when
feasible, which shall include preservation of the Specimen tree and desiqn alterations
consistent with the scooe and intent of the initiallv-proposed plan. Alterations consistent
with the scope and intent of the initiallv-proposed plan mav include, but shall not be limited
to:
a. An adiustment of buildinq orientation on a site.
b. An adiustment of lot lines within a site proposal for more than one (1) lot when
such adiustment will not cause an unreasonable loss of usable space. An
applicant shall have the burden of proof in the determination of what constitutes
an unreasonable loss of usable space.
3. Specimen free relocafion. lf preservation of the Specimen tree and anv alternate desiqn
consistent with the scope and intent of the initial plan are mutuallv exclusive, then the
Public Works Department mav issue a permit to relocate the Specimen tree. lf the tree
removal permit requires relocation, then the applicant shall be required to relocate the tree
in accordance with the standards set forth in Section 46-63.
4. Remoyal of Specmen frees. lf relocation of the Specimen tree is not reasonablv possible,
due to the size. health, location, species or anv other factor, then a permit mav be issued for
removal, and tree replacement shall be required.
5. Rep/acemenf reourremenfs for Specmen frees. As a condition of the issuance of a tree
removal permit for the removal of a Specimen tree, tree replacement requirements shall be
twice those specified in Section 46-62. ln the event that replacement tree installation is not
feasible on-site, then alternative off-site replacement shall be required on Citv approved
publiclv owned land or publiclv accessible parcels. -ln the event that there is insufficient
plantino space available at a Citv approved offsite location, there shall be an equitable
contribution to the Citv of Miami Beach Tree Preservation Trust Fund for double the amount
e#S4# for each**e'ineh€B*4 tree required as replacement trees in accordance with the
Section 46-62.
20
518
6. Exemptions from Specimen tree replacement requirements. An aoplicant mav be exemot
from the Specimen tree replacement requirements of Section 46-65, but subiect to the tree
replacement requirements in Section 46-62, under the followinq circumstances:
a. The submittal of a tree appraisal report or tree risk assessment report from a
landscape architect reoistered in the State of Florida, ISA Certified Arborist or an
ASCA Reqistered Consultino Arborist that states that a Specimen tree, due to
disease, condition. oroMh habit or anv other reasonable botanical factor, does
not orovide the aesthetic or environmental contribution associated with a
Specimen tree. The report shall include the specific reason(s) for the claimed
exemption from the provisions of Section 46-65: or
b. When preservation of the Specimen tree would cause a foreseeable risk to
ProPertv. or
c. When a site contains more than one (1) Specimen tree, and fiftv (50) percent or
more of the existinq Specimen trees and at least fiftv (50) percent of the existinq
Specimen tree canopv area is preserved: or
d. Specimen tree exemptions approved bv the Urban Forester.
Sec. 46-66. Citv of Miami Beach Tree Preservation Trust Fund.
1. Esfab/rshmenf of frusf: There is herebv created the Miami Beach Tree Preservation Trust
Fund (the "Trust") for the purpose of acceptino and disbursing the replacement fees paid to the
Citv of Miami Beach as part of tree work permits and anv other monies deposited with the Public
Works Department for tree preservation purposes. This fund shall solelv be used for the plantino
of trees on publiclv owned land in the Citv of Miami Beach, and anv other ancillarv costs
associated with the plantinq, establishment or preservation of trees.
2. Ierm of exisfence: The Trust shall be self-perpetuatino from vear to vear, unless specificallv
terminated bv the Citv Commission.
3. Irusf assefs: All monies received hereunder from public or private concerns shall be placed
in trust for and inure to the use and benefit of the Citv of Miami Beach. These funds shall be
expended, utilized and disbursed onlv for the plantino, establishment or preservation of trees as
desiqnated in this division. bv the Public Works Department on publiclv owned land, and upon
aporoval of the Citv Commission. Trust funds will be used to obtain trees, landscapino, irriqation
svstems, and anv other items or materials necessary and proper for the preservation,
maintenance, relocation or restoration of trees and the urban forest on anv publiclv owned land
in Miami Beach.
4. Trust administration:
a. Trust funds shall be expended, utilized and disbursed bv the Public Works
Department. upon approval of the Citv Commission, for the purposes desiqnated in
this section.
b. All funds deposited hereunder shall be deposited in the Trust, which must be a
separate account established and maintained from the qeneral revenue funds and
accounts of the Citv.
c. The funds obtained hereunder mav be accepted on behalf of the Citv bv the Citv
Manaoer, who shall promptlv deliver to the Department of Finance, which shall cause
the same to be credited to the Trust.
2t
519
d. The Trust funds will be used to obtain trees, landscapinq, irriqation svstems, and anv
other items or materials necessary and proper for the preservation, maintenance,
relocation or restoration of trees and the urban forest on anv publiclv owned land or
publiclv accessible parcels in Miami Beach. These funds mav also be expended bv
the Citv of Miami Beach for the Adopt-a-Tree Proqram, or similar proqram approved
bv the Citv Commission.
See, 15 67r Tree so
Tree Serviees are an
epee
#e€sired te reqirter
iyi+i€l+
Miam+ Beaeh whe Yl
Sec. 46-678. Trees constitutins a public nuisance.
1. Anv tree, dead tree or tree stump upon anv parcel of land within the Citv of Miami Beach
which imminentlv threatens or endanqers the public health. safetv or welfare, or which
the Urban Forester determines to be a threat to the Citv of Miami Beach's urban forest
due to an untreatable disease or infestation. is declared a public nuisance.
2. Trees or other woodv plant species, on propertv borderinq on anv street, which obstruct
the passaoe of pedestrians on sidewalks, obstruct vision of traffic siqns, or obstruct siqht
lines at anv street or allev intersection are declared a hazard.
3. lt shall be the dutv of anv person owninq or occupvinq real propertv on which there mav
be nuisance trees, dead trees, stumps or hazards as described in subsection (1) /or (2)
to remove when corrective pruninq or treatment cannot alleviate the hazard or nuisance,
correctivelv prune in accordance with American National Standards lnstitute A-300
Pruninq Standards (part 1). ortreat those hazards and nuisances in such manner as to
eliminate the threat to public safetv or the possibilitv of infectinq or infestinq surroundinq
plant life. Canopv mitioation shall be required in accordance with Sec. 46-62 Tree
Replacement and Sec. 46-65, Specimen Tree Standards. as applicable.
4. The owner must remove, correctivelv prune, or treat such tree, dead tree or stump no
later than ten (10) davs after receipt or postino of the aforementioned Notice of Violation.
The Citv mav remove, correctivelv prune. or treat the same or have the same removed,
correctivelv pruned or treated and the exact cost thereof shall be assessed to the owner
should the hazard or nuisance not be corrected.
520
I Sec. 46-687O. EnforcemenUcivil remedies.
Enforcement and Penalties.
(a) Civil fine for violators. The followinq civil fines shall be imposed for a violation of
Section 46-59, for those violations incurred for not obtaininq a Tree Work Permit.
(1) First offense committed within a 12 month period -$1000.00:
(2) Second offense within a 12 month period -$2000.00;
(3) Third offense and subsequent offenses within a 12 month period -$3000.00.
(b) Civil fine for violators. The followino civil fines must be imposed for a violation of this
Division, except for those penalties set forth in subsection (a):
(1) First offense within a 12 month period- $500.00:
(2) Second offense within a 12 month period -$1000.00:
(3) Third offense and subsequent offenses within a 12 month period- $1500.00.
(c) Enforcement. The Public Works Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement aqencies or requlatorv bodies
from anv action to assure compliance with this Division. and all applicable laws. lf an
enforcinq officer finds a violation of this Division, the officer mav issue a Notice of
Violation to the violator. The Notice of Violation must inform the violator of the nature
of the violation, amount of fine for which the violator is liable, instructions and due
date for pavinq the fine. notice that the Violation mav be appealed bv requestino an
administrative hearinq within ten davs after service of the Notice of Violation, and
that failure to appeal the violation within the ten davs, shall constitute an admission
of the violation and a waiver of the riqht to a hearinq.
(gD Riqhts of violators: pavment of fine: riqht to appear; failure to pav civil fine or to
aPPeal.
(lf A violator who has been served with a Notice of Violation must elect to either:
a. Pav the civil fine in the manner indicated on the Notice of Violation: or
b. Request an administrative hearino before a special master to appeal
the Notice of Violation. which must be requested within 10 davs of the
issuance of the notice of violation.
(2) The procedures for appeal bv administrative hearinq of the Notice of Violation
shall be as set forth in Sections 30-72 and 30-73 of the Citv code.
(!) lf the named vlolator, after issuance of the Notice of Violation, fails to pav the
civil fine. or fails to timelv request an administrative hearing before a special
master. the special master mav be informed of such failure bv report from the
officer. Failure of the named violator to appeal the decision of the offlcer
within the prescribed time period must constitute a waiver of the violator's
rioht to an administrative hearino before the special master, and must be
treated as an admission of the violation, which fines and penalties to be
assessed accordinglv.
521
([) A certified copv of an order imposino a fine mav be recorded in the public
records. and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator, which mav be enforced in the same manner
as a court iudoment bv the sheriffs of this state, includino lew aoainst the
violator's real or personal propertv, but shall not be deemed to be a court
iudqment except for enforcement purposes.
(Q Anv partv aoorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(9) The Special Master shall be prohibited from hearino the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearino. if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(l) The Special Master shall not have discretion to alter the penalties prescribed
in Subsections 46-687€ (a) and (b) herein.
(e) Enhanced penalties. The followino enhanced penalties shall be imposed, in addition
to anv mandatorv fines set forth in subsections (a) and (b) above. for violations of
this Section:
(l) Enhanced Penalties for Subsection (a):
(a) The tree work activitv must be immediatelv terminated. upon confirminq a
violation has occurred, bv the Miami Beach Police Department and the
Public Works Department.
(b) Violations for subsection (a) shall be issued to the propertv owner and the
tree services companv. who shall be ioint and severallv liable for the
violation.
(s) The Public Works Department shall decline to issue a Tree Work Permit
to such person, individual, entitv. business. companv or anv affiliates that
have violated this Section within a three (3) month period. The prohibition
from receivinq the Tree Work Permit shall be for a three (3) month period
of time.
(!) Enhanced Penalties for Subsection (b):
(a) lf the offense is a fourth offense within the precedinq 12 month period of
time, in addition to the fine set forth in subsection (b), the propertv owner,
tree services companv permittee or anv affiliates shall be prohibited from
receivinq a Tree Work Permit for a three (3) month period of time.
(b) lf the offense is a fifth offense within six (6) months followinq the fourth
offense. in addition to anv fine set forth in subsection (b), the propertv
owner, tree services companv permittee or anv affiliates shall be
prohibited from receivinq a Tree Work Permit for a six (6) month period of
time. The propertv owner, tree services companv or permittee shall be
522
deemed a habitual offender.
(s) The Public Works Department mav decline to issue future Tree Work
Permits to such person, individual, entitv, business, companv or anv
affiliates that have been deemed habitual offenders pursuant to this
section for a period of up to one vear.
Sec. 45-6974. Prohibited species.
This Division incorporates bv reference the prohibited species list in Chapter 24 of the Miami-
Dade Countv Code. lf present on a development or redevelopment site, thev shall be removed
prior to development or redevelopment. and their sale, propaoation, plantino. importation or
transportation is prohibited. fhe onlv exceptions to this shall be if the particular site contains
prohibited soecies trees that have been desiqnated as Heritaqe trees or are located in a
desiqnated historic district as so defined in Sec. 46-56 herein, provided a variance from the
requirements of Chapter 24 of the Code of Miami-Dade Countv. Florida. has been obtained. No
fees shall be charqed for their removal, and replacement trees mav be required for the removal
of anv prohibited species in accordance with Citv of Miami Beach Code Sec. 118-251. Final
decisions on canopv replacement for prohibited species shall involve review and approval from
the_Public Works Deoartment . This list mav be amended from
time to time as set forth in Section 24-49.9 of the Code of Miami-Dade Countv, Florida.4he
Secs. 46-e-W- 46-90. Reserved.
FOO+NOTE€I
--(zI-
er
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SEGTION4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
25
523
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
PHILIP LEVINE, MAYOR
MFAEL GRANADO, CIry CLERK
APPROVED AS TO FORM &
LANGUAGE & FOR EXECUTION
e- 4- t4
Date
First Reading:Second Reading:
Verified by:
Underscore denotes new language
Strit<e+nreugn denotes stricken lang uage
ReO print and Ooublffi denotes new language between first and second
reading
denotes stricken language between first and
second reading
09103t2014
26
524
EggE$EgEEEE,E$EEEEEe:$EEEiE,iiEi FI ;E IiEAEI aEf;E EE EE iE EE EE Ei; i g'b E:' e.+ :g;EfFH -EEE,q- i* Ei E€ iS FEE;*E 5$l EH gE tiEEfg irEgE g$ E; iE ff ;Eg Ega i
i
E FE ;* SEEuEf IEtEx €I 9; Ef E: s3t ;E[ :
,tIEiugfiEgE'EEESf,EiiEEIEi;giEEEig ; FF ;e i;=egt €EgEi ;E Ea it E; re: rE; s#
fi fi E gE EE ,EiiEtEE liEEi Er '*
*, *€ suE E-' E=
; e i rs Eg tisEgEEE SEEEE g$ E*[ E€ ig iEE iE6 ;E
=+s=
-*
;E -EiE-i*H
EEEEi iE uE$
'E,E'
i$Ee,iii
E fi 5E si ea tei,iEEt EEEEE sE itE +ix is isF iHE EFE t Ei ;E, iE aglEB$sB fiEEEi Eg Eii E$E ;! ffi ii; ;E
= lE EIE H6 E#ixfiis siEEf, s$ gfit ifF EE s$l let EEIi E F3 EE iCCiEEEi iBiflE f i EE; * HE EE EgE E*E $'i
ef eiE al ifffiisEE .EEEga EF Eci HEE E: tEE iEE EE
il iit n;t Ei*{{cEF EEEEfiE igE EEE Hi$ig tiEiEEEE
flE gggg BEE EEE€uutE ;tieF: siE EE5 E#g !E. ;Es ;rl El
'E -F-=EEs-tuiEiiEE'fiEEEE5'ugE,*iE
u€ig EgE EiF EEi iE
ut :i€ fi E
Es Fe?lE
:rU
LLIm
=
g
=+
UZ
uIznF
S
N
@'N
Fq
=
=
t
6qE
=-F
EocEo
o
=E.g:
aJ
er
=
=
525
THIS PAGE INTENTIONALLY LEFT BLANK
526
COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance of the Mayor and City Commission of The City Of Miami Beach, Florida, Amending Chapter 2 of the
Miami Beach City Code Entitled "Administration," by Amending Article lV Entitled "Officers And Employees," by
Amendino Section 2-19't Entitled "Enumeration Of izational Units."
Key lntended Outcome Supported:
Maximize efficient delivery of services; strengthen internal controls.
Item Summary/Recommendation :SECOND READING AND PUBLIC HEARING
Section 2-191 of the Miami Beach City Code requires that organizational units be created by law or ordinance.
Section 2-191 was amended in April 2014, when the Transportation Department was created and a scrivene/s error
corrected.
The Administration last sought amendments to this section of the Code in January and May 2014. Prior to those two
instances, the last time Section 2-191 had been amended was when the Office of Elder Affairs was created in
December 1999.
Today I am recommending the creation of the Department of Emergency Management, correcting re-lettering and
scrivener's errors. The Administration anticipates that this standalone department will better serve the citizens'
interest by centralizing activities related to emergency preparedness, which includes readiness to respond to natural
and man-made disasters, direction of the Public Safety Communications Unit (PSCU - 911), physical security of all
City buildings, and coordination for the acquisition and maintenance of Citywide security and communications
technology.
The Administration recommends approving the ordinance. Approval was granted at the first reading on the July 23,
2014, Commission meeting.
Advisory Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 NA NA
2 NA NA
3 NA NA
Total NA NA
Financial lmpact Summary:
City Clerk's Office Legislative Tracking:
,Ti Human Resources Director
Sign-Offs:
Department Director Assistant Citv Manaqer Gity ilanaser
Sylvia Crespo-Tabak S&'t Kathie G. Brooks Jimmv L. Morales
MIAMIBEACH \
,tF"- Agenda ttem f SE
i o ate ?10-4/527
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33 139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAII'II BEACH CITY CODE
ENTITLED "ADMINISTRATION," BY AMENDING ARTIGLE IV ENTITLED "OFFICERS
AND EMPLOYEES," BY AMENDING SECTION 2.191 ENTITLED "ENUII'ERATION OF
ORGANIZATIONAL UN!TS," BY CREATING THE DEPARTMENT OF EMERGENCY
MANAGEMENT, CORRECTING RE.LETTERING AND SCRIVENER,S ERRORS; AND
PROVIDING FOR REPEALER SEVERABILIW; CODIFIGATION AND AN EFFECTIVE
DATE.
SECOND READING AND PUBLIC HEARING
ADIt'I INISTRATION RECOMM EN DAT!ON
The Administration recommends approval of the ordinance. Approval was granted at the first reading
on the July 23, 2014, Commission meeting.
BACKGROUND
Section 2-191 of the Miami Beach City Code requires that organizational units be created by law or
ordinance. Section 2-191was last amended in January and May 2014. Prior to those instances, the
last time Section 2-191 had been amended was when the Office of Elder Affairs was created in
December 1999.
On May 17, 2013, early in my tenure as City Manager, via Letter to Commission (LTC) 177-2013, I
informed the Mayor and City Commissioners of my decision to make the Emergency Management
Coordinator a full, rather than part-time position. I appointed Charles (Chuck) Tear, who has been
reporting to me throughout his tenure. As the Emergency Management Coordinator, Chuck was
responsible for the readiness of all City employees who play a role in the Emergency Operations
Center (EOC), as well as interacting with other jurisdictions such as Miami-Dade County, the State of
Florida and non-governmental organizations to ensure emergency preparedness.
As the Emergency Management Coordinator's role grew, it became readily apparent that a Department
of Emergency Management with a concomitant budget and staff was an essential component of the
City's administrative organizational structure. ln addition to emergency preparedness, which includes
readiness to respond to natural and man-made disasters, the organizational unit is also responsible for
the managing the Public Safety Communications Unit (PSCU - 911), the physical security of all City
buildings, and coordination for the acquisition and maintenance of Citywide security and
communications technology.
CONCLUSION
The Administration recommends approving the ordinance.
JLM/KGB/SC.T
528
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AMENDING GHAPTER 2 OF THE MIAMI BEACH
CITY CODE ENTITLED "ADMINISTRATION," BY AMENDTNG ARTICLE tV
ENTITLED "OFFICERS AND EMPLOYEES," BY AMENDING SEGTION 2-191
ENTITLED "ENUMERATION OF ORGANIZATIONAL UNITS," BY CREATING
THE DEPARTMENT OF EMERGENCY MANAGEMENT, CORRECTING RE.
LETTERING AND SGRIVENER,S ERRORS; AND PROVTDING FOR
REPEALER, SEVERABILITY, COD!FICATION, AND AN EFFECTIVE DATE.
WHEREAS, there currently exists the need to make modifications to the Miami Beach
City Code in order to properly enumerate the existing administrative structure of the City; and
WHEREAS, Section 4.02 of the City Charter sets forth the functions and powers of the
City Manager, which include appointing all directors of the several departments now existing, or
to be created, with the consent of the City Commission, and to the remove the same at will,
except for the Legal Department and the City's Clerk's Office; and
WHEREAS, the amendments set forth herein provide an accurate representation of the
City's administrative structure.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSTON OF
THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. That Section 2-191 of City Code Chapter 2, entitled "Administration," is hereby
amended as follows:
CHAPTER 2
ADMINISTRATION
***
ARTICLE IV. OFFICERS AND EMPLOYEES
DTVISION 1. GENERALLY
Section 2-191. Enumeration of organizational units.
The administration or organization units of the city shall be as follows:
(a) Office of the City Manager.
(b) Office of the City Attorney.
(c) Office of the City Clerk.
(d) Finance department.
(e) Human resources department.(0 Buildingdepartment.(q) Department of emerqencv manaqement.
(h) Parks and recreation department.(i) Parkingdepartment.
U) Fire department.
529
(k) Police department.(l) Transportation department.
(m) Public works department.
(n) @ Office of housino and communitv services.
IO Code compliance department. Transpertatien department(p) Office of capital improvement proiects.(q) Office of communications.
(r)officeofbudgetandperformanceimprovement.
(s) lnformation technology department.(t) Procurementdepartment.
(u) Tourism, culture, and economic development department.(v) Planning department.
(w) Offiee ef heusing and eemmunity serviees,
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION3. SEVERABILITY
lf any section, subsection, clause, or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made a part
of the Miami Beach City Code. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section," "article" or
other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shalltake effect on the day of ,2014.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by: Commissioner Deede Weithorn)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONC,l- 3$+
CityAttorney W Dote
530
iig;itii;Eg[E*igiegfigigiEIi;iig
EBEEiEiEEEisEB$s;EEiEf,gitEEiB€:-
sFSitCi;EFEEgfrEiEEEEEEEEEii;igi
,Eigigigi$EEiEEEgf,EiiEigEiEgiitEig ; EE ;E EF?X!E- EfrgEE EE EE iI gE fl€E i€i *e
tgEgeIc-EEiEEEEiigEEEEEi-EiiiEEiEItii
ErtuEaiEEi'r,*EFiEEEiEEEEBEEEiiiiiiiii
IHSEFEiEEEiiEEEgiEEgEEEIiEiEEEiiEEigEEi-
B ri uE* =E ea;F;t;e t;;;E ;; igE isfi a; isE;E€ EH= iE :CE se A€EbtflS i;Eg? Silt grE EE Eff:gEE* ;els€ fi rir :?Egt tgE iii gi
'*uEEi*,EEEi,*,EEEEEEE'.EEiFEi,EEEuiEi'itE g:I EEE Eg*friEEi EEgEEE EfE BgE EEEiE EiEH$EiE
U$gis
-ggiEEEgg'eEgegg'Egg -Eig
UE*g rEg a;i
ggi
ig
Hs rt gE
lg,fiE?F
Etl*Eg€
rU
LLIm
=eg
=\
l{znF
N
@N
Fq
=
=j
o6d:)-E
UZ
EoqE6
o
--E.g
=
aJ
eu
=E
531
THIS PAGE INTENTIONALLY LEFT BLANK
532
COMMISSION IIEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending Chapter 110 of The
Miami Beach City Code, Entitled "Utilities;" Amending Article lll, Thereof Entitled "Stormwater Utility;" Amending Section
110-109 Thereof Entitled "Stormwater Utility Fees," By Amending Appendix A Thereto Entitled "Fee Schedule" To
lncrease the Stormwater Utility Service Charge lmposed by the City as of October 1, 2014; Providing for Codification,
r, Severabilitv. and an Effective Date.
Ke lntended Outcome S
Ensure reliable Stormwater Management and resiliency against flooding by implementing select short and long-term
solutions includinq addressino sea-level rise.
Supporting Data (Surveys, Environmenta! Scan, etc.): Consistent with prior surveys,lhe 2014 community survey
identified storm drainage as areas for improvemenl.TSo/o of residential respondents and 69% of business respondents
Shall the Mayor and City Commission approve the amendment to the Ordinance on second
Item Summary/Recommendation :
SECOND READING.PUBLIC HEARING
On June 9,2010, the City authorized development of a Citywide Comprehensive Stormwater Management Master Plan
(SWMMP) which was adopted on November 14, 2012 to evaluate and update its Stormwater management practices,
infrastructure, funding and regulatory policies. The SWMMP was intended to be a guide for improving the City's
Stormwater management system performance for the next 20 years, with considerations to potential sea level rise over
this time period.
On February 12, 2014, the City of Miami Beach Commission approved the recommendation of the Flooding Mitigation
Committee to amend the City's Stormwater Management Master Plan by modifying the design criteria to meet the
continuing flooding conditions in the City.
At the March 4,2014 meeting of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the March 26,2014
meeting of the Flooding Mitigation Committee, Patricia Walker, Chief Financial Officer, discussed the necessity and
process to raise Stormwater fees to cover the cost of financing the enhancements to the Stormwater System.
At the Commission meeting of April 23, 2014, the Mayor and City Commission approved Resolution 2014-28580
accepting the recommendations of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise to design and implement
the upgrade of the City's storm drainage system to meet the new design criteria set by the City Commission with a
potential estimated cost of $300 million and with a target completion timeframe between 3 to 5 years.
ln order to be able to provide coverage to issue the first series of additional bonds, the Administration proposes a monthly
Stormwater rate of $16.67 per Equivalent Residential Unit ("ERU") which represents an increase for a residential
customer of $7.61 per month or 84Yo above the FY 2013114 rate of $9.06 per month.
The Finance and Citywide Projects Committee (FCWPC) met on May 20, 2014 lo review the proposed Ordinance
amendment, but elected to refer the item to the full Commission for its consideration.
On July 23, 2014 the City Commission approved the Ordinance on First Reading and set a Second Reading Public
Hearing for September 10,2014. Commissioner Steinberg asked that the City's Ombudsman Barbara Hawayek reach
out to condominium associations to explain the impact of the Stormwater rate increase.
THE ADMINISTRATION RECOMMENDS APPROVING THE AMENDMENT TO THE ORDINANCE.
oJr*ro,rrrn RSF
Board Recommendation:
Financial Information :
Finance and Citywide Projects Committee, Mayor's Blue Ribbon Panel on Flooding and Sea Rise, Flooding
ion Committee.
Source of
Funds:
Amount Account Approved
1
2
OBPI Total
ina Echert. ext 6479
istant Gity Man
AIY AAIAMIBTACH g,erc 1-lo-t4533
g MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive
TO:Mayor Philip Levine and Membersfof the Ci
FRoM: Jimmy L. Morales, City Manage
DATE: September 10,2014
SUBIECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 110 OF THE
MIAMI BEACH CITY CODE, ENTITLED "UTILITIES;" AMENDING
ARTIGLE III THEREOF, ENTITLED "STORMWATER UTILITY;"
AMENDING SECTION 110-109 THEREOF ENTITLED "STORMWATER
UTILITY FEES,'' BY AMENDING APPENDIX A THERETO ENTITLED..FEE SCHEDULE," TO INCREASE THE STORMWATER UTILITY
SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER 1, 2014;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the City Commission adopt the Ordinance.
BACKGROUND
On June 9, 2010, the City authorized development of a Citywide Comprehensive
Stormwater Management Master Plan (SWMMP) which was adopted on November 14,
2012 to evaluate and update its Stormwater management practices, infrastructure,
funding and regulatory policies. The SWMMP was intended to be a guide for improving
the City's Stormwater management system performance for the next 20 years, with
considerations to potential sea level rise over this time period.
On February 12, 2014, the City of Miami Beach Commission approved the
recommendation of the Flooding Mitigation Committee to amend the City's Stormwater
Management Master Plan by modifying the design criteria to meet the continuing
flooding conditions in the City. The sea level design criteria was changed to reflect
seasonal high tides and this will require all drainage outfalls to be pumped and the
discontinuance of the existing injection wells. The SWMMP provided a preliminary
schedule of prioritized capital improvements based on earlier criteria but does not
include the improvements associated with the revised criteria.
Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
534
September 10, 2014 City Commission Memo
FY1 5 Stormwater Rate Ordinance MEMO
Page 2 of 4
At the March 4, 2014 meeting of the Mayor's Blue Ribbon Panel on Flooding and Sea
Rise and the March 26, 2014 meeting of the Flooding Mitigation Committee, Patricia
Walker, Chief Financial Officer, discussed the necessity and process to raise
Stormwater fees to cover the cost of financing the enhancements to the Stormwater
System.
At the Commission meeting of April 23,2014, the Mayor and City Commission approved
Resolution 2014-28580 accepting the recommendations of the Mayor's Blue Ribbon
Panel on Flooding and Sea Rise to design and implement the upgrade of the City's
storm drainage system to meet the new design criteria set by the City Commission with
a potential estimated cost of $300 million and with a target completion timeframe
between 3 to 5 years. The estimate includes the Stormwater portion of future
neighborhood projects, the retrofit of some previously constructed neighborhood
Stormwater systems, and miscellaneous Stormwater upgrades that have been identified
by the Public Works Department. The upgrades include the installation of 35 large and
30 small pump stations and the conversion of 21 injection pumps.
At the Special Finance and Citywide Projects Committee (FCWPC) meeting of May 20,
2014 the Administration presented the funding strategy for this program recommending
issuing three separate $100 million Stormwater bonds. The first issue would be in FY
14-15 and other issues would follow as funding was needed. The need for future bond
issues may be reduced by the establishment of Stormwater impact fees, the removal of
certain restrictions on capital funds currently held by the City and any grant funds for
which the City may be eligible. The FCWPC elected to refer the item to the full
Commission for its consideration.
On July 23, 2014 the City Commission approved the Ordinance on First Reading and
set a Second Reading Public Reading for September 10, 2014. The item was presented
by Eric Carpenter, Public Works Director and Patricia Walker, Chief Financial Officer.
Commissioner Steinberg asked that the City's Ombudsman Barbara Hawayek reach out
to condominium associations to explain the impact of the Stormwater rate increase.
Rate requirements for Additional Stormwater Bonds
To determine the rates necessary to support the issuance of the first $100 million of
Stormwater Revenue Bonds, the Administration completed a series of pro-formas to
calculate the rate increases required to cover debt repayment of future Stormwater
bonds.
The calculation considered debt service coverage based on two requirements of the
existing Stormwater Revenue Bond Resolution.
The first requirement, termed the additional bonds test, requires that net revenues
available for debt service be no less than 1 10 percent of the maximum annual debt
service of the outstanding plus prospective debt to be issued, for at least 12 consecutive
months of the 18 months prior to the issuance of additional bonds or, if prior to the
issuance of the proposed additional bonds, the rates are increased, then such rates
may be used to project the Net Revenues as though they were in place during the
535
September 10, 201 4 City Commission Memo
FY1 5 Stormwater Rate Ordinance MEMO
Page 3 of 4
period.
The second requirement, which must be fulfilled annually, regardless of any prospective
debt issue, is termed the rate covenant. Net revenues available for debt service in
each fiscal year must not be less than 1 10 percent of the principal and interest
requirements for such fiscal year to meet the rate covenant. ln addition to meeting the
two debt service coverage requirements, annual revenues must be sufficient to meet
other operating and maintenance expenditure requirements without resulting in a cash
flow deficit.
The Stormwater Enterprise fund is anticipated to need the capacity to issue tax-exempt
debt in the amount of $100 million, plus issuance costs, by early FY 2014115to cover
the costs of Stormwater improvement projects which will include any amounts
committed from the line of credit. The second issue of $100 million could be issued in
FY 2016117 and the third issue of $100 million could be issued in FY 2018119, as the
funding is needed to support the Stormwater improvement projects.
ln order to be able to provide coverage to issue the first series of additional bonds, the
Administration proposes a monthly stormwater rate of $16.67 per Equivalent Residential
Unit ("ERU") which represents an increase for a residential customer of $7.61 per month
or 84o/o above the FY 2013114 rate of $9.06 per month.
FY
2013t14
Rate
FY
2014t15
Proposed
Rate
Difference
from FY
2009t10 % Change
Stormwater $9.06 $16.67 $7.61 840h
The recommended rate is conservative in the area of needed bond coverage based on
the information developed to date. The Administration will continue to work on the
capital needs and anticipates having more information before it is necessary to actually
issue the bonds.
The table below projects increases from FY 2014115 through FY 2018/19 including
increases for the second and third debt issuances, if needed; however, this Ordinance
amendment only includes a rate increase proposal for FY 2014115. As with this year,
we will refine these on an annual basis.
Stormwater
Proposed Fees
Current
Rate
FY
2014t15
FY
2015t16
FY
2016t17
FY
2017 t18
FY
2018t19
Monthlv Charoe $ e.06 16.67 16.67 $ 2301 $ 23.01 $ 27.38
o/o Fee lncrease 84%o%38%0o/o 19o/o
Monthlv lncrease $ 7.61 $ 6.34 $$ 4.37
536
September 10, 201 4 City Commission Memo
FY1 5 Stormwater Rate Ordinance MEMO
Page 4 of 4
CONCLUSION:
The Administration recommends approving the Ordinance amendment.
JLM/PDWGE
T:\AGENDAVOI 4\August 1\RegulaAFYl 5 Stormwater Rate Ordinance MEMO.doc
537
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
110 OF THE MIAMI BEACH CITY CODE, ENTITLED
"UTILITIES"; AMENDING ARTICLE lll THEREOF, ENTITLED
''STORMWATER UTILITY," AMENDING SECTION 110-109
THEREOF ENTITLED "STORMWATER UTIL!ry FEES," BY
AMENDING APPENDIX A THERETO ENTITLED ..FEE
SCHEDULE," TO INCREASE THE STORMWATER UTILITY
SERVICE CHARGE IMPOSED BY THE CITY AS OF OCTOBER
1,2014; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City owns and operates a Stormwater Utility System ("System"), which
is currently funded by a stormwater utility service charge; and
WHEREAS, a Capital lmprovement Program (the "Program") has been developed to
implement stormwater improvements for the System; and
WHEREAS, it is necessary to finance the Program through the issuance of
Stormwater Revenue Bonds; and
WHEREAS, the schedule of rate increases proposed her.ein will provide sufficient
revenues for the payment of principal and interest on the proposed Stormwater Revenue Bonds;
and
WHEREAS, the rate increases proposed herein include funding for additional costs for
operation and maintenance of the System.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION 1: That Appendix A to Section 1 10-109 (c) of Article lll of Chapter 1 10 of the Miami
Beach City Code is hereby amended as follows:
APPENDlX A
FEE SCHEDULE
538
Secfion
this Code
1 10-109(c)
October 1, 2009
October 1,2014
PASSED and ADOPTED this
ATTEST:
:"u'':''on .
Amount
Stormwater utility service charge effective with billings on
or after the following dates shall be as follows:
$ e.o6
$16.67
SECTION 2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article" or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILITY
lf any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity or constitutional, such
portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity or constitutionality of the remaining portions of this Ordinance.
SECTION 5. EFFEGTIVE DATE
This Ordinance shall take effect on the 1't day of October,2Ol4.
day of ,2014
PHIL!P LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
T:\AGENDA\2014\July 23\Regular\FY1 5 Stormwater Rate Ordinancel stRdg.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
-Q^_t Q*,t- t(t.(t+
-
CitV AltorneV .tl(' uole
539
gIEE*eiEEE:pEIEEi;gqEgEEiiE*i3E
igEEgEEEeEiFEEflEEEEiEeEiE,gIEE*=
EE€gitIEEEEiFEEEs$E;iEEilEFiEiE
giEiEiEE$giEEEEEiEEiEFE€EiiEEEi,
g ; g= ;a iI;€tE- EEgEE 3E EE Ef gE gEE E€E {E
HFEEEfg,EiiEFEEiiEEEEEEf-EEiEiEigIgEi
=
i i, i9 $5 E;*{;E;E gg555 gg EiE ;E Ii I!: giE HF
=
I Eg gE ef, }EISIEEs iggEE iE EfE Ei" Eff iEE IiE !i
; s gt 5E c? ;tE:i€g; EEEEf Ei ;;* €fF EE sE* *fi; ;e
5 ; gi gE- iE EgiEgE;E EEEEF Eg Eii EfE ;i EEE i€i iE
= iE :cr iE esleliE$ g;EeI ip Efis fEs frE iBE ilE ;E
;gg$EiBEEEE}EEEeEEfEEEEEiE$s;rE*Ei;EEi
Ei g$F
EgE EEEiEEEi EEEEig ifu iiE EEEig
EE EEEEi
gEi$
fEigiEEE EEEEgE
gig
EiE E*E iig fiEi EEi iE
q€ F-si
f,5 ;5i$ -EiE gg;Ei5*; iEEi€; ;s, tEI ;Es=
EE srs FI
EE E;,,e c=uut sEEElr=,**,uiEu5,ugu *uI*,liu E
"r
-x-U
LLIffi
-g
5
X
UZ
lllzn
sON
odN
Fq
=
=t
oq
d
=-
EoqE
@
o
_=
E.q:
oJ
d,u
=E
540
COMMISSION ITEM SUMMARY
Gondensed Title:
nn OOin"ance Otfhe MayorAnd City Commission Of The City Of Miami Beach, Florida, Amending Chapter2 Of
The City Code, Entitled "Administration," By Amending Article Vl, Entitled "Procurement," By Amending Dvision 3,
Entitled-"Contract Procedures," By Repealing Section 2-372, Entitled'Procedure To Provide Preference To Miami
Beach-Based Vendors ln Contracts For Goods And Contractual Services"; Providing For Repealer, Severability,
Codification, And An Effective Date
Data (Surveys, EnvironmentalScan, etc: N/A
ltem Summarv/Recommendation :
@oderequiresapreferencetobeawardedinCitycompetitivesolicitationsforMiami
Beach based bidders. While the local preference is well-intentioned, it also creates some challenges. First, with
the exception of a few industries (primarily tourism and entertainment related), the ability of local vendors to
supply the goods and services required by the City is very limited; therefore, a very small percentage of the City's
contracts for goods and services are awarded to local vendors. As a result, the local preference requirement has
very little impact on the City's industry base. Second, an unintended consequence of local preference ordinances
is that they tend to discourage non-local vendors from participating in the City's competitive solicitations. ln recent
years, the City has experienced limited competition for many of the competitive solicitations it receives despite
significant outreach efforts to increase competition. This reality is especially true for competitive solicitations
reiating to construction projects. To address the lack of competition concerns in construction contracting, the
Administration has been working with the Associated Builders and Contractors - Florida (ABC), the local chapter
of the national trade association for the construction industry. ABC has reported to the City that many of its
member companies are averse to participating in competitive solicitations that include local preference
requirements and are issued by municipalities in which the vendor does not have an office because of the time
and effort that is required of these solicitations and the likelihood that the solicitation will be awarded to a local
vendor.
Accordingly, competition on competitive solicitations becomes limited and, overtime, may result in a very limited
pool of bidders. For these reasons, both the National lnstitute of State Procurement Officials (NASPO) and the
National Institute of Governmental Procurement (NIGP) have opposed local preferences laws as impediments to
the cost effective procurement of goods, services and construction.
At its February 21,2014, the Finance and City-Wide Projects Committee (the'Committee") endorsed the
recommendation by the Administration to repeal Section 2-372 of lhe City Code, entitled "Procedure to Provide
Preference to Miami Beach-Based Vendors in Contracts for Goods and Services." On April 23,2014, the City
Commission authorized the Administration to implement the procurement ordinance revisions approved by the
Committee, which included repeal of Section 2-372 of the City Code.
CONCLUSION
To improve competition on the City's competitive solicitations and allow the City to cooperate with other local
municipalities on joint procurements for like items in an effort to maximize aggregated volume discounts, the
Administration recommends eliminating local preference requirements. ln its alternative, the City Commission
may, on a case-by-case basis, consider implementing local preference when it has been determined that a
sufficient number of potential local bidders are available to compete on a given procurement solicitation.
RECOMMENDATION
the Ordinance.
Source of
Funds:
Amount Account
1 N/A N/A
2
OBPI Total
Financial Imoact Summary:
Alex Denis, Extension 6641
Clerk's Office Iative Trac
T:\AGENDA\201 Local Preference
AGENDA ITEII'
DATE
RSG* MIAMIBTACH nT-H541
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
TO:
FROM:
DATE: September 10,2014
SUBJECT: AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,NG CHAPTER 2 OF THE CITY CODE,
ENTITLED "ADM!NISTRATION," BY AMENDING ARTICLE V!, ENTITLED
"PROCUREMENT," BY AMENDING DVISION 3, ENTITLED .,CONTRACT
PROCEDURES," BY REPEALING SECTION 2-372, ENTITLED "PROCEDURE TO
PROVIDE PREFERENCE TO MIAMI BEAGH.BASED VENDORS IN CONTRACTS
FOR GOODS AND CONTRACTUAL SERVICES"; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE (SEGOND
READTNG).
BACKGROUND
Section 2-372 of the City Code requires a preference to be awarded in City competitive
solicitations for Miami Beach based bidders. While the local preference is well-intentioned, it
also creates some challenges. First, with the exception of a few industries (primarily tourism
and entertainment related), the ability of local vendors to supply the goods and services
required by the City is very limited; therefore, a very small percentage of the City's contracts
for goods and services are awarded to local vendors. As a result, the local preference
requirement has very little impact on the City's industry base. Second, an unintended
consequence of local preference ordinances is that they tend to discourage non-local vendors
from participating in the City's competitive solicitations. ln recent years, the City has
experienced limited competition for many of the competitive solicitations it receives despite
significant outreach efforts to increase competition. This reality is especially true for
competitive solicitations relating to construction projects. To address the lack of competition
concerns in construction contracting, the Administration has been working with the Associated
Builders and Contractors - Florida (ABC), the local chapter of the national trade association
for the construction industry. ABC has reported to the City that many of its member companies
are averse to participating in competitive solicitations that include local preference
requirements and are issued by municipalities in which the vendor does not have an office
because of the time and effort that is required of these solicitations and the likelihood that the
solicitation will be awarded to a local vendor,
Accordingly, competition on competitive solicitations becomes limited and, over time, may
result in a very limited pool of bidders. For these reasons, both the National lnstitute of State
Procurement Officials (NASPO) and the National lnstitute of Governmental Procurement
(NIGP) have opposed local preferences laws as impediments to the cost effective
procurement of goods, services and construction.
COMMISS MEMORANDUM
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
542
Commission Memorandum - Repealof Local Preference Ordinance
September 10,2014
Page2
At its February 21,2014, the Finance and City-Wide Projects Committee (the "Committee")
endorsed the recommendation by the Administration to repeal Section 2-372 of the City Code,
entitled "Procedure to Provide Preference to Miami Beach-Based Vendors in Contracts for
Goods and Services." On April 23, 2014, the City Commission authorized the Administration to
implement the procurement ordinance revisions approved by the Committee, which included
repeal of Section 2-372 of the City Code.
GONCLUSION
To improve competition on the City's competitive solicitations and allow the City to cooperate
with other local municipalities on joint procurements for like items in an effort to maximize
aggregated volume discounts, the Administration recommends eliminating local preference
requirements. ln its alternative, the City Commission may, on a case-by-case basis, consider
implementing local preference when it has been determined that a sufficient number of
potential local bidders are available to compete on a given procurement solicitation.
REGOMMENDATION
Approve the ordinance.
JLM/MT/AD
T:\AGENDAVO14\September\Procurement\Repeal Local Preference MEMO (2ND READING).doc
543
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CITY
coDE, ENTITLED "ADMINISTRATION," BY AMENDING ARTICLE Vl,
ENTITLED "PROCUREMENT," BY AMENDING DVISION 3, ENTITLED
..CONTRACT PROCEDURES," BY REPEALING SECTION 2.372,
ENTITLED "PROCEDURE TO PROVIDE PREFERENCE TO MIAMI
BEACH.BASED VENDORS IN CONTRACTS FOR GOODS AND
CONTRACTUAL SERVICES"; PROVIDING FOR REPEALER,
SEVERABIL!TY, COD!FICATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 2-372 of the City Code provides that Miami Beach-Based vendors
be provided a preference in contracts for goods and contractual services; and
WHEREAS, with the exception of a few industries (primarily tourism and entertainment
related), the ability of local vendors to supply the goods and services required by the City of
Miami Beach is very limited, and,
WHEREAS, given the reduced industry base within the City, a very small percentage of
the City's contracts for goods and services are awarded to local vendors resulting in very little
impact of the local preference ordinance on the City's local economy; and
WHEREAS, an unintended consequence of local preference ordinances is that they tend
to discourage non-local vendors from participating in the City's procurement projects as
evidenced, especially in construction procurements, by limited competition for many of the
competitive solicitations (despite significant outreach efforts to increase competition); and
WHEREAS, to address the lack of competition concerns in construction procurement
projects, the Administration has been working with the Associated Builders and Contractors -
Florida (ABC), the local chapter of the national trade association for the construction industry;
and
WHEREAS, ABC has reported to the City that many of its member companies are
averse to participating in competitive solicitations that include local preference requirements and
are issued by municipalities in which the vendor does not have a local office; and
WHEREAS, both the National lnstitute of State Procurement Officials (NASPO) and the
National lnstitute of Governmental Procurement (NIGP) have opposed local preferences laws
as impediments to the cost effective procurement of goods, services and construction in a free
enterprise system; and
WHEREAS, the Administration believes that, while well-intentioned, the City's local
preference procedure creates challenges to maximizing competition on City procurement
projects; and
544
WHEREAS, at its February 21,2014, the Finance and Citywide Projects Committee (the
"Committee") endorsed the recommendation by the Administration to implement c9t1!
revisions to ifre City's Procurement Code, including a recommendation to repeal Section 2-372
of the City Code, entitled "Procedure to Provide Preference to Miami Beach-Based Vendors in
Contracts for Goods and Services"; and
WHEREAS, on April 23, 2014, the City Commission accepted the Committee's
recommendation and authorized the Administration to implement the Procurement Code
revisions, which include repeal of Section 2-372 of the City Code.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-372 of Division 3, Article Vl, of Chapter 2 of the Miami Beach City
Code is hereby repealed in its entirety as follows:
GHAPTER 2
ADM!N!STRAT!ON
ARTICLE VI - PROCUREMENT
DIVISION 3 - CONTRACT PROCEDURES
iees.
(1) Befin#iens, Fer purpeses ef this seetien enly' the fellewing definitiens shallapply;
(a) Brd shall mean a eempetitive bid preeedure established threugh the issuance
ef an invitatien te bid, request fer prepesals (RFP); request fer qualifieatiens
(RFQ), requests fer letters ef interest (RFtl); invitatiens te negetiate (lTN); er
the selieitatien ef purehase erders based en eral-er written quetatiens,
(b) Mrami Beaeh based vender means a bidder that (i) has a valid business tax
leeated in the eity at whieh it will preduee the geeds er perferm the eentractual
his/her deeisien en whether a vender is a Miami Beaeh based vender shall be
final=
545
ieec'
(a) lnvitatiens te bid; eral er written requests fer quetatiens, Exeeptwhere tederal
er state law mandates te the eentrary' in the purehase ef geeds er eentractual
quetatien, a preferenee will be given te a respensive and respensible Miami
lo{4
etherwise equal-with respeet te quality and serviee; then the award shall be
iami
vender whe is eertified by Miami Dade Ceunty as a minerity er wemen
bu€ine€,s-en+erpris€=
(b) Reqaests fer prqeeals; requests fer qualifieatiens; requests fer lettere ef
in the reeemrnendatien and seleetierr ef prepesers submitting resPenses
ef sueh evaluatien methedelegy; seleetien eriteria; and/er ether applieable
faeters te be set ferth and ineluded within the RFP; RFQ; er RFtl de€ument)
and give an additienal five peinte (where the evaluatien methedelegy is based
en a peint system frem 0 100 peints)' er an additienal five pereent (where the
evaluatien methedelegy is based en a pereentage system frem 0 100
peints snaU ge ap
evaluatien eemmittee,
€) eemparsen ef gsalifrbaf,'ens, The preferenees established h€rein in ne way prehibit
the right ef the eity manager and/er the eity eemmissien; as applieable; te GemPare
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
546
SECTION3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
-
day of 2014.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
S+i*e+nrcugh denotes deletions.
2014.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & IANGUAGE
A FOR E)(ECUTION
4
m,HS
547
EE3E$E3SEEE,EEEEi;iq:If3EIE.i{Ei CE Ei ErasiE* :!ti i; E; ;E :E :E EXE EEEt FE EE E'EE:I Elss fi$ EE t3 Eu s,q Elnr H
;EaEtEI;Ela*E:gsIEEiTtiii:eicrg-E EE i,i eee;;* ?.EE€E €E Ei ;E ei ;E: gEE;
EiEiEitiiEEetE€EiEiEEflEEE;EEEEi,Qi=#siEiEEiEfiEEgEs*tEBEEEIg$EiEigggl ;aa
HEEEeEE,EiiEEE*IEEEIiF**$ilEiEEiIiEE
= e i :s tE €ft;srEE i;EgB AE gg; eg !g tgf *EE ;H
=
A *- i* iE Ei;E$!E$ EEEE$ EE EEE EE *E gEE IE; ;E
EI5EEiE3EEifiEEIEEEiEEEEEEEExEE$EEiEEE3u t $i gt, 3; gsl3g$;B 5EEE; iE *i; E$; ;i E$; il: ;s
= lE iiE ;i E#iffiis s;HEi 3F sfii iEE EE i$E f;t gi
EE €r: EE iteEFE;* seeEg Ei slF rrE gt EEE iii EE;ii g:s aE eFs i€EEt t aE?i re :E s s$i i;# i€s 3E * P:q;+i: i{s EEE iEE?'u;; rr*EfE Ef,, Ett iE$ Ec +EtiEi€EEi ies ntE tfei+tEi
EEgEfrE EsE EgE }iBEI iiEisiEEer ;:i€
-gEgg gglE;gEg
lgErgg
ggg gig ggi
lEg aEi lgi EE
E* risi
fiE :rsFE
Es E=?IE
r
LJ
LLIm
=
=
)<
lrlzirlF
5N
cdN
Fq
=(9
=t
a
d.
=-F
trJZ
E
<iE
oE
E
.E
=
aJ
d@-
=s
=
548
COMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to requlate d is "about the riqht amount."
Condensed Title:
First Reading to consider an Ordinance Amendment creating a definition for Motion Picture Theaters.
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would create a definition for Motion Picture Theaters.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for October 22,2014.
Glerk's Office
T:\AGENDA\2014\September\Motion Picture Definition - SUM First Reading.docx
AGENDA rrer'r flSll
On July 22,2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2196).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
MIAMIBEACH D^re q10-(q549
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: DEFINITION OF MOTION PICTUR
the City C
HEATER
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 114, "GENERAL
PROVISIONS," SECTION 114-1, "DEFIN|TIONS," BY ADDING A
DEFINITION OF MOTION PICTURE THEATRE; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
ADM! NISTRATION REGOMM EN DATION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 22,2014.
BACKGROUND
On May 21,2014 the City Commission adopted Ordinance No. 2014-3861, which
established criteria, standards and procedures for the sale of alcohol in motion picture
theaters. Such Ordinance, which was initiated at the request of Regal Cinemas, will
allow the sale of alcohol at the movie theater on Lincoln Road, and other theaters that
meet the minimum criteria of (i) 15,000 sq.ft., (ii) 300 permanent auditorium seats, and
(iii) located in Commercial High lntensity Districts (CD-3).
As, the City's Land Development Regulations do not currently define 'motion picture
theaters', the City Commission also referred an Ordinance Amendment to the Planning
Board to create a definition for motion picture theaters.
ANALYSIS
The subject Ordinance proposes the following definition for motion picture theaters:
Motion Picture Theater means a building or part of a building used solely for the
purpose of showing movies, motion pictures and projections of events and
performances conducted elsewhere, including permitted accessory uses, such as
eating and drinking concessions; and provided such theater, or any part thereof,
is not an adult entertainment establishment (section 142-1271), dance hall, nor
entertainment establishment (section 1 1 4-1).
c,
FIRST READ!NG
550
Commission Memorandum
Ordinance - Definition of Motion Picture Theater
September 10,2014 Page 2 of 2
The proposed definition cross-references Section 142-1277-1, Adult Entertainment, to
make it clear that any theaters that meet the definition for an adult establishment would
not meet the criteria for alcohol sales. The definition proposed herein also goes slightly
beyond the traditional, static'motion picture', which is a movie filmed elsewhere for later
viewing. Popular in large auditorium theaters are the projection of certain types of live
activities, such as concerts and sporting events.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2196).
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for October 22,2014.
JLM/JMJ/TRM
T:\AGENDA\2O14\SeptembeAMotion Picture Definition - MEM First Reading.docx
551
DEF!NITION OF MOTION PICTURE THEATER
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER {14,..GENERAL PROVISIONS," SECTION 114.1, "DEFINITIONS," BY
ADDING A DEFINITION OF MOTION PICTURE THEATRE; PROVIDING
FOR REPEALER; GODIFICATION; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the Code of the City of Miami Beach specifies location and use
restrictions on motion picture theaters located within the City; and
WHEREAS, the City Commission deems it advisable to update the definitions in
the Land Development Regulations to include Motion Picture Theaters; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE GIry OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code, Chapter 114, "General Provisions," Section 114-1, "Definitions,"
is hereby amended as follows:
Sec. 1 14-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Mofion Prcfure Iheafer means a buildinq or part of a buildino used solelv for the purpose
of showinq movies. motion pictures. and proiections of events and performances
conducted elsewhere, includino permitted accessorv uses such as eatino and drinkino
concessions; and provided such theater, or anv part thereof. is not an adult
entertainment establishment (section 142-1271), dance hall, nor entertainment
establishment (section 1 14-1).
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
552
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following
PASSED and ADOPTED this day of
ATTEST:
CITY CLERK
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
adoption.
2014.
First Reading:
Second Reading:
September 10,2014
October 2014
Date
?*\ Eo'F
ft City Attorney
Verified by:
Thomas R. Mooney, Al
Planning Director
T:\AGENDAVO 1 4\Septem be^Motion Picture Defin ition - ORD First Reading.docx
2of2
553
THIS PAGE INTENTTONALLY LEFT BLANK
554
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to develooment is "about the rioht amount."
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the maximum height limits, setback
and active use requirements for main use parking garages located within the Collins Waterfront Local
Historic District.
I
T:\AGENDA\2014\September\Collins Waterfront Garage Heights - SUM First Reading.do&
AGENDA rrem 85f
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would increase the overall allowable height and modify the active accessory
use requirements for main use parking garages located in the Collins Waterfront Local Historic
District.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for October 22,2014.
On July 22, 2014, the Planning Board recommended approval of the subject Ordinance by a vote of
5 to 0 (Planning Board File No. 2189).
Financial ! nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
MIAMIBEACH opre Q-10-lV555
MIAMIBEACH
Cify of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,1 39. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
FIRST READING
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF.STREET
PARK!NG," ARTIGLE III, "DESIGN STANDRDS," SEGTION 130.68,..COMMERCIAL AND NON.GOMMERCIAL PARKING GARAGES," BY
AMENDING THE MAXIMUM HEIGHT AND REQUIREMENTS FOR
ALLOWABLE ACCESSORY COMMERCIAL AND RESIDENTIAL USES OF
MAIN USE PARKING GARAGES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR
GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMEN DATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for Octobet 22,2014.
BACKGROUND
On April 23,2014, the City Commission, at the request of Commissioner Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (ltem R9X),
regarding an Ordinance Amendment to permit additional height for garages in the RM-2
district, and to permit certain garages without commercial or residential units.
On May 7, 2014, the Land Use and Development Committee referred the item to the
Planning Board as an ordinance amendment, with a favorable recommendation. The
Land Use and Development Committee also recommended that active space be
required on all ground floor levels.
ANALYSIS
Within the Collins Waterfront Local Historic District, generally bounded by lndian Creek
and the Atlantic Ocean, from 26th to 44th Streets, parking garages are permitted within
the RM-2 districts. Section 130-68 of the City Code establishes the design standards for
commercial and non-commercial parking garages; specifically, as a main use on a
separate lot these structures are subject to the following regulations, when located within
556
Commission Memorandum
Ordinance - Collins Wateiront Parking Garage Heights
September 10, 2014 Page 2 o'f 3
an RM-2 Zoning District:
o Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, waterway or the ocean.. Residential uses above the first level along every facade facing a waterway or
the ocean.o All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space shall
be determined by the Design Review or Historic Preservation Board, as
applicable, based upon their respective criteria.o When a parking garage is located on Collins Avenue from 25th lo 44th Streets in
an RM-2 district where the subject site is located adjacent to an RM-3 district,
such garage may also have first floor frontage with space occupied for
commercial uses facing the subject RM-3 area. However, dance halls,
entertainment establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments shall be
prohibited uses in the garage structure.o The combined residential and/or commercial space cannot exceed 25 percent of
the total floor area of the structure, with the commercial space not exceeding ten
percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the
amount of floor area of the structure used for parking, exclusive of the required
parking for the above described residential or commercial space, be less than 50
percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
ln addition to these mandatory design standards, the height limit for a main use parking
garage is the lesser of 50 feet or the maximum height specified in the underlying zoning
district. For RM-2 zoned properties within the Collins Waterfront Local Historic District,
the maximum building height for a stand-alone residential project is I stories I 75 feet.
However, as 50 feet is the lesser of the height limit, main use garages are currently
limited to 50 feet.
A proposal has been put forward by a major hotel group within the Collins Waterfront
District to allow for main use garages to have a height limit of 8 stories I 75 feet, which
would be consistent with the height limit for residential projects in the district. The
rationale for this proposal is to be able to provide additional parking within a confined
area that is in need of more parking. Additionally, given the very limited supply of vacant
Iand and other land that could be used for vertical parking structures, being able to
maximize the number of spaces within a site would benefit both residents and visitors
alike.
As part of this Ordinance Amendment, a reduction in the amount of required active uses
along the upper portions (those floors above the first level) of the structure facing a
watenrvay has been proposed. No changes are proposed for the required active uses at
the first level, as it has been the long time consensus that activation along the first level
of all sides of a parking garage facing a sidewalk is a critical component for a healthy,
vibrant and pedestrian oriented street. Additionally, activating the first level of all sides
of a parking structure facing a sidewalk creates a much safer and aesthetically superior
structure when experienced at the pedestrian level.
Planning staff did express some concern with the complete elimination of required active
space at the upper levels of a garage, as the aesthetic quality of a larger garage could
be compromised when viewed from lndian Creek. However, the Planning Board was
557
Commission Memorandum
Qrdinance - Collins Waterfront Parking Garage Heights
September 10, 2014 Page 3 o'f 3
supportive of allowing the Historic Preservation Board to have discretion regarding uses
above the first floor.
PLANNING BOARD REVIEW
On July 22, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2189).
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for October 22,2014.,a
JLMtIMd0RM
T:\AGENDA\2014\September\Collins Waterfront Garage Heights - MEM First Reading.docx
558
Collins Waterfront Historic District Parking Garage Heights Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 130,..OFF.STREET PARKING," ARTICLE III, "DESIGN STANDRDS,"
SECTION 130.68, "COMMERGIAL AND NONCOMMERCIAL PARKING
GARAGES," BY AMENDING THE MAXIMUM HEIGHT AND
REQUIREMENTS FOR ALLOWABLE ACCESSORY COMMERCIAL
AND RESIDENTIAL USES OF MAIN USE PARKING GARAGES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR CODIFIGATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Collins Waterfront Local Historic District has been designated by the
City as a Local Historic District; and
WHEREAS, the addition of off street parking facilities within the Collins Waterfront
District is necessary and desired in order to accommodate increased hotel traffic; and
WHEREAS, the City desires to increase the allowable heights for main-use parking
garages in the Collins Waterfront Historic District; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off-Street Parking," Article lll, "Design
Standards," Section 130-68, "Commercial and Noncommercial Parking Garages," is hereby
amended as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall be
subject to the following regulations, in addition to the other regulations of this article:
(1) When located in the CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, MXE and l-1
districts and in GU districts adjacent to commercial districts, a commercial or
noncommercial parking garage shall incorporate the following:a. Residential (when permitted) or commercial uses at the first level along every
facade facing a street, sidewalk, waterway or the ocean. For properties not
having access to an alley, the required residential or commercial space shall
accommodate entrance and exit drives.b. Residential (when permitted) or commercial uses above the first level along
every facade facing a watenruay or the ocean.c. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential or commercial uses; the total amount of
559
(2)
residential or commercial space shall be determined by the design review or
historic preservation board, as applicable, based upon their respective criteria.
However, in no instance shall the above described residential (when permitted) or
commercial space exceed 25 percent of the total floor area of the structure. Additionally,
in no instance shall the amount of floor area of the structure used for parking, exclusive
of the required parking for the above described residential or commercial space, be less
than 50 percent of the total floor area of the structure, so as to insure that the structure's
main use is as a parking garage.
When located in the RM-1, RM-2, RM-3, R-PS1, R-PS2, R-PS3 and R-PS4 districts and
the GU districts adjacent to residential districts, the following regulations shall apply:
a. Commercial or noncommercial parking garages shall incorporate the following:
1. Residential or commercial uses, as applicable, at the first level along every
facade facing a street, sidewalk, watenruay or the ocean. For properties not
having access to an alley, the required residential or commercial space
shall accommodate entrance and exit drives.
2. Residential uses above the first level along every facade facing a waterway
or the ocean. For main use qaraoes located within the Collins Waterfront
Local Historic District, with frontaoe on both Indian Creek Drive and Collins
Avenue. either residential or office uses shall be permitted facino lndian
Creek Drive. Additionallv, the Historic Preservation Board mav approve a
lesser amount of residential or office uses alonq everv facade above the
first floor facinq lndian Creek Drive, provided the Board determines that the
desiqn of the facade satisfies the Certificate of Appropriateness Criteria in
Chapter 1 18. Article X of the Land Development Requlations.
3. All facades above the first level, facing a street or sidewalk, shall include a
substantial portion of residential uses; the total amount of residential space
shall be determined by the Design Review or Historic Preservation Board,
as applicable, based upon their respective criteria.
b. ln addition, the following shall apply:
1. When a parking garage is located in the RM-3 or R-PS4 districts, or on
Collins Avenue from 25th to 44th Streets, or on West Avenue, south of 11th
Street, in an RM-2 district where the subject site is located adjacent to an
RM-3 district, such garage may also have first floor frontage with space
occupied for commercial uses facing the subject RM-3 area.
2. When a parking garage is located in an RM-1 district, where the subject site
is abutting a property line or separated by an alley from a CD-3 district, the
garage may also serve commercial uses.
3. When a parking garage is located in an RM-2 district, where the subject site
is fronting on or separated by a street but not an alley or property line from
a CD-2 or CD-3 district, such garage may also have first floor frontage with
space occupied for commercial uses facing the subject CD-2 or CD-3 area,
and also serve commercial uses.
4. Any parking structure permitted under subsections (2)b.2. and 3. that serve
commercial uses shall be restricted to self-parking only. No valet parking
shall be allowed.
5. At least one third of the parking spaces in any parking structures permitted
under (2)b.2. and 3., shall be dedicated for residential uses at all times. The
planning board may, based upon the projected neighborhood demand,
increase or decrease the percentage of residential parking as part of the
conditional use process.
560
6. When commercial uses are permitted in the ground floor of parking
structures under this subsection (2) dance halls, entertainment
establishments, neighborhood impact establishments, outdoor
entertainment establishments or open-air entertainment establishments
shall be prohibited uses in the garage structure.
ln no instance shall the above described combined residential and/or commercial space
exceed 25 percent of the total floor area of the structure, with the commercial space not
exceeding ten percent of the total floor area of the structure, nor shall any accessory
commercial space exceed 40 feet in depth. Additionally, in no instance shall the amount
of floor area of the structure used for parking, exclusive of the required parking for the
above described residential or commercial space, be less than 50 percent of the total
floor area of the structure, so as to insure that the structure's main use is as a parking
garage. Signage for commercial uses allowable under this provision are limited to one
nonilluminated sign no greater than ten square feet in area per business.
(3) When located in residential districts, a commercial or noncommercial parking garage
shall serve only residential uses except as provided in subsection (2). A commercial or
noncommercial parking garage shall provide required parking for any commercial use
located within the garage.
(4) The height limit shall be 75 feet in the CD-3 district, excluding parking garages within a
local historic district and in the GU district; for all other districts (including local historic
districts), the height limit shall be the lesser of 50 feet or the maximum height specified in
the underlying zoning district; however, the maximum permitted height for residential
uses shall be as specified in the underlying zoning district. Notwithstandinq the
foreooino, for main use parkinq qaraqes located on non-oceanfront lots within the Collins
Waterfront Local Historic District. with frontaqe on both lndian Creek Drive and Collins
Avenue, the maximum heiqht shall be as specified in the underlvinq zoning district, not
to exceed 8 stories and 75 feet.
(5) Setbacks shall be the same as the pedestal setbacks for the underlying zoning district.
For main use parkinq qaraoes located on non-oceanfront lots within the Collins
Waterfront Local Historic District. with frontaqe on both lndian Creek Drive and Collins
Avenue, the required pedestal setbacks may extend up to a maximum heiqht of 8 stories
and 75 feet.
(6) The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.
(7) Parking garages that are built solely with public funds may be exempt from the
requirements of subsections (1) and (2), above, if meeting the requirement would affect
the tax exempt status of the project. The forgoing does not limit the city commission's
ability to waive development regulations for GU properties as per section 142-425.
(8) For main use parking garages within the GU and CCC districts. Robotic parking
systems may be used, notwithstanding the provisions of article lll, "Design Standards,"
referencing minimum parking space dimensions, drive width, interior aisle width, and
required markings. Robotic parking system means a mechanical garage using elevator
systems to hoist individual vehicles from receiving areas to separate auto storage areas.
Under this provision, accessory off-street parking spaces requirements may not be satisfied
through the use of robotic parking systems.
(9) When located in the TC-3 and GU districts located within the TC-3 districts in the North
Beach Town Center area, the foltowing regulations shall apply:
a. When a parking garage is located in the TC-3 district, such garage may also have first
floor space occupied for commercial uses, subject to conditional use approval.
561
b. Residential or commercial uses shall be incorporated at the first level along every facade
facing a street, sidewalk or watenruay. The required residential or commercial space may
accommodate entrance and exit drives for vehicles, inclusive of ramping running parallel
to the street.
c. When the subject site is abutting or separated by an alley from a TC-1 district, the
garage may also serve commercial uses.
d. ln no instance shall the above-described combined residential and/or commercial space
exceed 35 percent of the total floor area of the structure.
e. Additionally, in no instance shall the amount of floor area of the structure used for
parking, exclusive of the required parking for the above-described residential or
commercial space, be less than 50 percent of the total floor area of the structure, so as
to insure that the structure's main use is as a parking garage.
f. The height limit shall be 50 feet.
g Setbacks shall be the same as the setbacks for the TC-3 zoning district, except that
parking garages on lots with a front yard facing a street right-of-way greater than 50 feet
in width, shall have a minimum front yard setback of ten feet.
h. The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district.
i. Signage for commercial uses allowable under this provision shall be governed by the
TC-3 district regulations.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SEGTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
CITY CLERK
MAYOR
562
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
s?r(r+
Date
First Reading: September 10,2014
Planning Director
T:\AGENDAV014\September\Collins Waterfront Parking Garage Heights - ORD First Reading.docx
563
THIS PAGE INTENTIONALLY LEFT BLANK
564
COMMISSION ITEM SUMMARY
Condensed Title:
Item Summary/Recommendation :
EI.I ONOIruRruCE OT THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING GHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED
..ADMINISTFIATION,'' BY AMENDING ARTICLE V! ENTITLED "PROCUREMENT," BY AMENDING
DtvtstoN 3, ENTITLED ,,CONTRACT PROCEDURES," BY AMENDING SECTION 2-366, ENTITLED
,,GENERALLY,', AND SECTTON 2-367, ENTITLED "REJEGTION OF BIDS; NEGOTIATION; WAIVER OF
COMPETITIVE BIDDING'' AND SECTION 2.369, ENTITLED "AWARD OF CONTRACT," AND SECTION
2-370, ENTITLED "AWARD OF CONTRACT TO OTHER THAN LOW BIDDER,'' BY INCREASING THE
THRESHOLD FOR FORMAL BIDS AND THE CITY MANAGER'S AUTHORITY TO AWARD A
CONTRACT FROM $25,OOO TO $5O,OOO, AS WELL AS PARTICIPATE IN COOPERATIVE PURCHASES;
BY FURTHERAMENDING SECTION 2-3Tl,ENTITLED "AUTHORITYTO RESOLVE PROTESTED BIDS
AND AWARDS," BY AMENDING THE PROCEDURE FOR PROTESTED BIDS AND PROPOSED
AWARDS; BY FURTHERAMENDING DIVISION 4, ENTITLED "PURCHASES," BYAMENDING DIVISION
4, ENTITLED ,,PURCHASES," BY AMENDING SECTION 2-395, ENTITLED "OPEN MARKET
PROCEDURES,'' BY INCREASING THE THRESHOLD FOR OPEN MARKET PURCHASES FROM
$25,OOO TO $5O,OOO AND AMENDING TERMINOLOGY THEREIN, AND FURTHER PROVIDING FOR
REPEALER. SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE
Streamline the delivery of service through all departments. Strengthen internal controls to assure more
Data Environmenta! Scan, etc: N/A
ffitiaiionretainedtheservicesoftheNationallnstituteofGovernmental
Procurement ("N|GP') to review the Code of the City of Miami Beach, with reference to the City's
procurement requirements.
On July 17,2013, the City Commission approved a referral to the Finance City-Wide Projects Committee
(Committee) for a discussion on the review and recommendations for improving the City's Procurement
Code conducted by NIGP. At its February 21,2014, meeting, the Committee considered recommendations
to the City's Procuiement Code presented by the Administration, which included the results of the review of
the Procurement Code completed by the NIGP, as well as other recommendations by the Administration.
The Committee recommended that the Mayor and City Commission authorize the Administration to prepare
revisions to the City's Procurement Code, pursuant to the Recommendations considered by the Committee.
On April 23,2014, the Mayor and City Commission approved the recommendations of the Committee and
directed the Administration to prepare the ordinance revisions, as necessary to implement the
recommendations of the Finance Ci$-Wide Projects Committee. The purpose of this item is to seek
approval (first reading) of the referenced ordinance revisions to the City's Procurement Code.
RECOMMENDATION
the ordinance.
Advisorv Board Recommendation :
Financial lnformation:
Source of
Funds:
Amount Account
1 N/A N/A
2
OBPI Total
Financial lmpact Summary:
(1st READING).doc
rrer,lr 85C& MIAMIBTACH AGENBA
oaw ?-/0{U565
4 MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
..CONTRACT PROCEDURES," BY AMENDING SECTION 2.366, ENTITLED
..GENERALLY," AND SECTION 2.367, ENTITLED "REJECTION OF B!DS;
NEGOTIATION; WAIVER OF COMPETITIVE BIDDING" AND SECTION 2'369,
ENTITLED "AWARD OF CONTRACT," AND SECTION 2-370, ENTITLED
..AWARD OF CONTRACT TO OTHER THAN LOW BIDDER," BY INCREASING
THE THRESHOLD FOR FORMAL BIDS AND THE CITY MANAGER'S
AUTHORIry TO AWARD A CONTRAGT FROM $25,OOO TO $5O,OOO, AS WELL
AS PARTIGIPATE IN COOPERATIVE PURCHASES; BY FURTHER AMENDING
SECTION 2-371, ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND
AWARDS,'' BY AMENDING THE PROCEDURE FOR PROTESTED BIDS AND
PROPOSED AWARDS; BY FURTHER AMENDING DIVISION 4, ENTITLED
,,puRcHASES," BY AMENDING DIVISION 4, ENTITLED "PURCHASES," BY
AMENDING SECTION 2.395, ENTITLED "OPEN MARKET PROCEDURES," BY
INCREASING THE THRESHOLD FOR OPEN MARKET PURCHASES FROM
$25,OOO TO $5O,OOO AND AMENDING TERMINOLOGY THEREIN, AND FURTHER
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTTVE DATE (FIRST READING).
BACKGROUNDE June, 2013, the Administration retained the services of the National lnstitute of
Governmental Procurement ("NIGP') to review the Code of the City of Miami Beach, with
reference to the City's procurement requirements.
On July i7,2013, the City Commission approved a referral to the Finance City-Wide Projects
Committee (Committee) ior a discussion on the review and recommendations for improving
the City's Procurement Code conducted by NIGP. At its February 21,2014, meeting, the
Commiitee considered recommendations to the City's Procurement Code presented by the
Administration, which included the results of the review of the Procurement Code completed
by the NIGP, as well as other recommendations by the Administration. The Committee
recommended that the Mayor and City Commission authorize the Administration to prepare
revisions to the City's Proiurement Code, pursuant to the Recommendations considered by
the Committee.
566
Commission Memorandum - Procurement Code Ordinance Revisions
September 10,2014
Page2
CONCLUSION
On nprit 2J, 2014, the Mayor and City Commission approved the recommendations of the
Committee and directed the Administration to prepare the ordinance revisions, as necessary to
implement the recommendations of the Finance City-Wide Projects Committee. The purpose
of inis item is to seek approval (first reading) of the referenced ordinance revisions to the City's
Procurement Code.
RECOMMENDATION
Approve the ordinance.
JLM / MT /AD
T:\AGENDA\20'14\September\Procurement\Procurement Code Changes MEMO (1st READING).doc
567
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "ADMINISTRATION," BY
AMENDING ARTICLE VI, ENTITLED "PROCUREMENT,'' BY AMENDING
DIVISION 3, ENTITLED "CONTRACT PROCEDURES," BY AMENDING
SECTION 2.366, ENTITLED "GENERALLY,'' SECTION 2.367, ENTITLED
"REJECTION OF BIDS; NEGOTIATION; WAIVER OF COMPETITIVE
BIDDING," SECTION 2.369, ENTITLED "AWARD OF CONTRACT," AND
SECTION 2-370, ENTITLED "AWARD OF CONTRACT TO OTHER THAN
LOW BIDDER," BY INCREASING THE THRESHOLD FOR FORMAL BIDS
AND THE CITY MANAGER'S AUTHORITY TO AWARD A CONTRACT
FROM $25,OOO TO $5O,OOO, AS WELL AS EXPANDING THE USE OF
COOPERATIVE PURCHASES; BY FURTHER AMENDING SECTION 2-
371, ENTITLED "AUTHORITY TO RESOLVE PROTESTED BIDS AND
AWARDS," BY AMENDING THE PROCEDURE FOR PROTESTED BIDS
AND PROPOSED AWARDS; BY AMENDING DIVISION 4, ENTITLED..PURCHASES," BY AMENDING SECTION 2.395, ENTITLED "OPEN
MARKET PROCEDURES," BY INCREASING THE THRESHOLD FOR
OPEN MARKET PURCHASES FROM $25,OOO TO $5O,OOO AND
AMENDING TERMINOLOGY THEREIN; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the Administration retained the services of the National lnstitute of
Governmental Procurement ("N|GP") to review the Code of the City of Miami Beach, with
reference to the City's procurement requirements; and
WHEREAS, on July 17, 2013, the City Commission approved a referral to the Finance
City-Wide Projects Committee (Committee) for a discussion on the review and
recommendations for improving the City's Procurement Code conducted by the NIGP; and
WHEREAS, on July 19,2013, the NIGP completed the Procurement Ordinance Review
and Recommendations - Final Report; and
WHEREAS, at its February 21,2014, meeting, the Committee considered
recommendations to the City's Procurement Code presented by the Administration, which
included the results of the review of the Procurement Code completed by the NIGP, as well as
other recommendations by the City's Procurement staff (the Recommendations); and
WHEREAS, at its February 21,2014, meeting, the Committee recommended that the
Mayor and City Commission authorize the Administration to prepare revisions to the City's
Procurement Code, pursuant to the Recommendations considered by the Committee; and
WHEREAS, the Recommendations include amending the thresholds formal bids,
maximizing the use of cooperative purchases, and improving procedures for the protest of bids
and award recommendations; and
WHEREAS, at its April 23, 2014, meeting, the Mayor and City Commission accepted the
recommendations of the Committee and directed the Administration to prepare corresponding
revisions to the Procurement provisions in the City Code.
568
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 3 of Article Vl of Chapter 2 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 2
ADMIN!STRATION
ARTICLE VI. PROCUREMENT
DIVISION 3. CONTRACT PROCEDURES
Sec.2-366. Generally.
(a) Formal Bids required. All supplies and equipment, except as othenvise provided
inthisdivision,whentheestimatedcostthereofshallexceed@,
shall be purchased by formal, written contract and/or purchase order
@,afterduenoticeinvitingproposals;however,thecity
commission shall have authority to waive execution of formal contract in cases where it
deems it advisable to do so. All sales of personal property (except trade-in personal
property) which has become obsolete and unusable, when the estimated value shall
exceed@,shallbeaccomplishedbyformalwrittencontracttothe
highest bidder, after due notice inviting proposals has been published as required by
law.
Sec. 2-367. Rejection of bids; negotiation; waiver of competitive bidding.
(a) Except as further provided under subsections 2-367(b) and (c), generally, if a bid is
@orleSS,thecitymanagershallhavetheauthoritytorejectany
and all bids. Except as further provided under subsections 2-367(b) and (c), generally, ifthebidisinexcessof@,thecitycommissionshallhavethe
authority to reject any and all bids.
(d) The procurement director, with approval of the city manager, for contracts of
@orleSS,orthecitycommission,bysimplemajorityvote,forcontractsinexcessof@,shallhavethepowertonegotiatethose
contracts and purchases where only one source for the product or service is evident. A
sole-source purchase shall be defined as goods and/or services for which the availability
of multiple vendors who could compete as bidders is precluded. Before any sole-source
purchase can be made, the using agency shall submit justification in writing, together
with all supporting documentation, to the procurement director, stating that the proposed
supplier is the only source of supply of the desired goods and/or services, and that there
is no other supplier or authorized repair/service center (as applicable). The supporting
documentation shall include a written quotation with terms and conditions of sale. ln
addition, the using agency shall obtain the written determination from an industry expert
or consultant that the item or service is the only one available to fulfill the city's need. For
purposes of this article, trademarks alone, and commodity type products, lacking
differentiating characteristics from similar products, shall not be considered for sole-
source purchases.
569
Sec. 2-369. Award of contract.
All eentraets, when the sum is $10'000,00 er less; shall be awarded by the
All contracts, when the sum is in
@not exceeding @shall be awarded by the
city manager, or his designee, to the lowest and best bidder. When the amount of a
contractisinexcessof@,thecitycommissionshallawardthe
contract to the lowest and best bidder, or may delegate to the city manager the power to
award such contract to the lowest and best bidder; however, the purchase of
commodities, materials, supplies or other items on a continuing basis from Miami-Dade
County; from the School Board of Miami-Dade County; from the U.S. Communities
Government Purchasing Alliance erfrom state or federal general services administration
bid lists: or awards from cooperative alliances or public entities that have utilized a public
procurement process may be approved by the city manager without any action by the
city commission, even though the total cost of such commodities, materials, supplies or
otheritemsmayexceed@oVeraone-yearperiod;providedthat
prior to approval of such purchases, the city manager shall prepare, or cause to be
prepared, a written analysis, in such form and manner as shall be determined by the city
manager, which shall include a justification as to why it is in the city's best interest to
purchase the particular commodities, materials, supplies, or items on a continuing basis
from the entities set forth in this section 2-369. ln determining the lowest and best
bidder, in addition to price, there shall be considered the following:
(1) The ability, capacity and skill of the bidder to perform the contract.
(2) Whether the bidder can perform the contract within the time specified, without
delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the
bidder.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
Sec. 2-370. Award of contract to other than low bidder.
(b)Awardofalltiebidswithavalueof@valueorlessshallbe
made by the @ citv manaqer or his desiqnee. All tie bids in excess
of shall be awarded bY the ei{Y
570
Sec. 2-371. Authority to resolve protested bids and proposed awards.
(a) Right to protest. Any actual bidder, qualified proposer, or interested parties
(hereinafter collectively referred to as the "bidder") who has a substantial interest in, and
is aggrieved in connection with the solicitation or proposed award of, a request for
proposals(,'RFP.'),requestforqualifications(''RFQ''),
(RFtl) e+-invitation for bid for goods and/or services ("lTB"), er invitatien te negetiate
(jl+N), ("hereinafter, collectively referred to as the bid") may protest to the city manager
or his or her designee. Protests arising from the decisions and votes of any evaluation or
selection committee shall be limited to protests based upon alleged deviation(s) from
established purchasing procedures set forth in this Code, any written guidelines of the
procurement department, and the specifications, requirements and/or terms set forth in
any bid.
(1) Any protest concerning the bid specifications, requirements, and/or terms must
be made within three business days (for the purposes of this section, "business
day" means a day other than Saturday, Sunday or a national holiday), from the
time the facts become known and, in any case, at least $n*e seven business days
prior to the opening of the bid. Such protest must be made in writing to the city
manager or his or her designee, and such protest shall state the particular
grounds on which it is based and shall include all pertinent documents and
evidence. No bid protest shall be accepted unless it complies with the
requirements of this section. Failure to timely protest bid specifications,
requirements and/or terms is a waiver of the ability to protest the specifications,
req uirements and/or terms.
(2) Any protest after the bid opening, including challenges to actions of any
evaluation or selection committee as provided in subsection (a) above shall be
submitted in writing to the city manager, or his or her designee. The city will allow
such bid protest to be submitted anytime until two business days following the
release of the notice of the city manager's written recommendation to the citycommission pnCa
pa€ke+ for award of the bid in question. Such protest shall state the particular
grounds on which it is based and shall include all pertinent grounds on which it is
based, and shall include all pertinent documents and evidence. No bid protest
shall be accepted unless it complies with the requirements of this section. All
actual bidders shall be notified in writing (which may be transmitted by electronic
communication, such as facsimile transmission and/or e-mail), following the
release of the city manager's written recommendation to the city commission.
{b) Any bidder whe is aggrieved in eenneetien with the selieitatien er prepesed award ef
fermal bid preeess may preteslte the eity manager er his er her designee anytime during
the preeurement preeess; up te the-time elthe award ef the purehase erder ef eentraet
requiremen+s-ef+nisse+ien
4
571
SECTION 2. That Division 4 of Article Vl of Chapter 2 ot the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VI. PROCUREMENT
DIVISION 4. PURCHASES
Sec. 2-395. Open market procedures.
All purchasing of supplies and contractual services of a total estimated value not
exceeding@maybemadeintheopenmarketwithoutneWSpaper
advertisement and without observing the procedure prescribed by this article for formal
purchasing or sales procedures.
(1) Minimum number of bids quotes. All open market procedures or sales shall,
whenever possible, be based on at least three competitive bids and shall be
awarded to the lowest responsible bidder in accordance with the standards set
forth in this article or to the highest responsible bidder in case of a sale.
(2) tnvitation ef to bids quote. The procurement director may solicit either oral or
written bids quotes for open market pricing or sale but shall use all reasonably
available and current bidders and supply lists.
(3) Public record. The procurement director shall keep a record of all open market
bids submitted in competition thereon, and such records shall be open to public
inspection.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
572
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the day of ,2014.
PASSED AND ADOPTED this
-
day of-,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
Underline denotes additions
Stri*e+n+eugh den otes de letions
(Sponsored by Commissioner Deede Weithorn)
APPROVED AS TO
FORM & LANGUAGE
^!-
6
573
THIS PAGE INTENTIONALLY LEFT BLANK
574
R5K
R5 - Ordinances
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article Vl, Entitled "Procurement," By Amending Division
6, Entitled "Living Wage Requirements For Service Contracts And City Employees," By
Amending Section 2-408, Entitled "Living Wage," By lncreasing The Living Wage Rate
By 3o/o For Fiscal Year 2014-2015 And Deleting Phase ln Language That ls Outdated
Due To The Passage Of Time; Providing For Repealer, Severability, Codification, And
An Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Procurement)
(ltem submifted in a separate "Budget Related ltems" book)
Agenda ttem 8Sk.
Date ?-lU.ll575
THIS PAGE INTENTIONALLY LEFT BLANK
576
R5 - Ordinances
RsL An Ordinance Amending Chapter 110 Of The Miami Beach City Code Entitled "Utilities,"
Amending Article lV, Entitled "Fees, Charges, Rates And Billing Procedure;" Amending
Division 2, Entitled "Rates, Fees And Charges," By Amending Section 110-166, Entitled"
Schedule Of Water Rates And Tapping Charges," And Section 110-168, Entitled
"Sanitary Sewer Service Charge," To Adjust Water And Sanitary Sewer Rates By The
Same Percentage Enacted By Miami-Dade Water And Sewer Department (WASD); And
Also Amending Appendix A To Chapter 110, Entitled "Fee Schedule" To lncrease The
Water Rates And Sanitary Sewer Service Charges lmposed By The City Pursuant To
Sections 110-166 And 110-168; Providing ForCodification, Repealer, Severability, And
An Effective Date. First Reading
(Sponsored
-nsored
by Commissioner Deede Weithorn)
(Legislative Tracking: Public Works)
(!tem submitted in a separate "Budget Related ltems" book)
Agenda ltem RS L
Date Q40-/U577
THIS PAGE INTENTIONALLY LEFT BLANK
578
R7
RESOLUTIONS
579
R7 - Resolutions
R7A1 Adopt Tentative Ad Valorem Millage for General Operating Purposes
A Resolution Adopting: 1) The Tentative Ad Valorem Millage Of 5.7942 Mills For General
Operating Purposes, Which ls Thirteen And Four-Tenths Percent (13.4Yo) More Than
The "Rolled-Back" Rate Of 5.1076 Mills; And 2) The Debt Service Millage Rate Of
0.2295 Mills; Further Setting The Second Public Hearing To Consider The Millage Rate
For Fiscal Year (FY) 2014115, On Tuesday, September 30, 2014 At 5:01 p.m. 5:01 p.m.
First Readinq Public Hearins
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
Agenda ltem
Date580
THIS PAGE INTENTIONALLY LEFT BLANK
581
R7 - Resolutions
R7A2 Adopt Tentative Budgets For General, G.O., RDA, Enterprise, lnternal Service, And
Special Revenue Funds
A Resolution Adopting Tentative Budgets For The General, G.O. Debt Service, RDA Ad
Valorem Taxes, Enterprise, lnternal Service Funds, and Special Revenue Funds For
Fiscal Year 2014115 Subject To A Second Public Hearing Scheduled On Tuesday,
September 30,2014 At 5:01 p.m. 5:01 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
Agenda ttem R7A 2
Date Q-10-lU582
THIS PAGE INTENTIONALLY LEFT BLANK
583
R7 - Resolutions
R7B1 Adopt Tentative Ad Valorem Millage for Normandy Shores Local Government
A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood lmprovement District Adopting The Tentative Ad Valorem Millage Rate Of
1.1305 Mills For Fiscal Year (FY) 2014115 For The Normandy Shores Local Government
District, Which ls One Percent (1%) Less Than The "Rolled-Back" Rate Of 1.1391 Mills
Subject To A Second Public Hearing Scheduled On Tuesday, September 30, 2014 Al
5:02 p.m. 5:02 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
584
THIS PAGE INTENTIONALLY LEFT BLANK
585
R7 - Resolutions
R7B2 Adopt Tentative Operating Budget For Normandy Shores Local Government
A Resolution Of The Board Of Directors Of The Normandy Shores Local Government
Neighborhood lmprovement District Adopting The Tentative Operating Budget For Fiscal
Year (FY) 2014115 Subject To A Second Public Hearing Scheduled On Tuesday,
September 30, 2014 AI5:02 p.m. 5:02 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
Agenda nem R-! B Z.
Date 4-10-l V586
THIS PAGE INTENTIONALLY LEFT BLANK
587
R7 - Resolutions
R7C Adopt Tentative FY 2014115-2018/19 Capital lmprovement Plan & Capital Budget
A Resolution Adopting The Tentative Capital lmprovement Plan For Fiscal Years (FY)
2014115-2018/19 And Adopting The City Of Miami Beach Tentative Capital Budget For
(FY) 2014l15 SubjectTo A Second Public Hearing Scheduled On Tuesday, September
30,2014 At 5:03 p.m. 5:03 p.m. First Readinq Public Hearinq
(Budget & Performance lmprovement)
(ltem submitted in a separate "Budget Related ltems" book)
Aqenda rtem RJ C
Date 1-lr'' l(/588
THIS PAGE INTENTIONALLY LEFT BLANK
589
R7 - Resolutions
R7D lndependent Contractor Agreements
1.A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter lnto
Certain lndependent Contractor Agreements For Professional And Other
Services, As Required, And As The City Manager Deems ln The Best lnterest Of
The City, Subject To And Contingent Upon The Following Parameters: 1) The
City Manager Shall Only Enter lnto Contracts To Provide Services Or Work
Related To Vacant Budgeted Positions, As ldentified ln The City's Approved
Fiscal Year (FY) 201412015 Budget; 2) The Amount Of The Fee Or Other
Compensation Under Such Contract(s) Shall Not Exceed The Authorized Amount
For The Respective Classification, As Set Forth ln The City's Classified Or
Unclassified Salary Ordinance (As The Case May Be); 3) The Term Of Any
lndependent Contractor Agreement Authorized Herein Shall Not Extend Beyond
The End Of FY 201412015 (September 30, 2015);4) At A Minimum, The City
Manager Shall Require That Any lndependent Contractor Agreement Entered
lnto Pursuant To This Resolution Shall Utilize The City's Standard Form For
lndependent Contractors (As Attached To This Resolution), Provided That The
City Manager May lncorporate Additional Terms, Which May Be More Stringent,
But Not More Lenient; 5) Requiring The City Manager To lssue A Letter To
Commission Each Fiscal Quarter Commencing On January 1, 2015, Which
Delineates Those lndependent Contractor Agreements That Exceed $25,000
And 6) Providing That The Authority Granted To The City Manager Pursuant To
This Resolution Shall Be Brought To The City Commission For Renewal As Part
Of The Annual Operating Budget Approval.
A Resolution Authorizing The City Manager, On Behalf Of The City, To Enter lnto
Certain lndependent Contractor Agreements For The Following Services, As
Required, And As The City Manager Deems ln The Best lnterest Of The City:
Athletics lnstruction/Coaching/ Refereeing, lncluding But Not Limited To The
Following Categories: Baseball, Softball, Soccer, Gymnastics, Cheerleading,
Volleyball; lce Skating, Hockey, Swimming, lce Guards, Aerobics lnstruction;
Fitness lnstruction; Arts/Music/Cultural/Drama lnstruction And Or lnstrument
Repair; Computer/Media Services, lncluding But Not Limited To lnstruction And
Repair; Recreational Programming And lnstruction; lnstruction And Therapy For
Participants With Special Needs, lncluding But Not Limited To Education, Health
And Wellness; lnstruction/Tutoring, lncluding But Not Limited, To Education;
Cotillion; Speech, Debate, Social Skills, Literacy, Math And SAT; Fitness
Classes, lncluding But Not Limited To Aerobics, Zumba, Weight Room, Weight
Loss, General Fitness lnstruction, Adult And Youth Boot Camp And Baby Boot
Camp; School Liaison Officers; Resident Project Representatives (RPR);
Community/Public lnformation Services; Construction Cost Estimating/Consulting
Services; Video Production Services; PhotographyA/ideography Services,
Graphic Designer Services; Program Monitor Services; Cost Allocation Services;
Job Audits; Step lll Disciplinary Grievance Hearing Officer; Auditors; Historical
Researcher; Latent Examiner Services; Medical Director And Accreditation
Services/Support; Psychological And Testing Services; Organizational
Development Meeting Facilitation Services; Professional Training Services,
lncluding But Not Limited To, Application Systems lnstruction, Methodologies For
Application Systems Development, Sexual Harassment, Diversity And Team
2
590
Building; Home Visitors For The Parent-Child Home Program; lnstructors For
The Mornings All-Star Programs And HUD Compliance; Application Systems
Consulting Services, lncluding But Not Limited To, Application Systems,
Architecture, Application Development Best Practices, Application Security,
Applications Quality Assurance, Application Monitoring, Mobile Application
Development; Consulting Services For Website And Digital Media Strategy; Web
Design; Graphic Design; After-Action Services; Provided Further That The City
Manager Shall Be Authorized To Negotiate, Enter lnto, And Execute The
Aforestated Agreements Subject To The Following Parameters: 1) The Amount
Of The Fee Or Other Compensation Under Such Agreement(s) Shall Not Exceed
The Authorized Amount For The Respective Services, As Set Forth ln The City's
Approved Fiscal Year (FY) 201412015 Annual Budget; 2) The Term Of Any
Service Agreement Authorized Herein Shall Not Extend Beyond The End Of FY
201412015 (September 30, 2015); 3) At A Minimum, The City Manager Shall
Require That Any Agreement Entered lnto Pursuant To This Resolution Shall
Utilize The City's Standard Form lndependent Contractor Agreement (As
Attached To This Resolution), Provided That The City Manager May lncorporate
Additional Terms, Which May Be More Stringent, But Not More Lenient; And 4)
Providing That The Authority Granted To The City Manager Pursuant To This
Resolution Shall Be Brought To The City Commission For Renewal As Part Of
The Annual Operating Budget Approval.
(Human Resources)
(ltem submitted in a separate "Budget Related ltems" book)
591
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Members of the City Commission
CC: Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Philip Levine, Mayor
DATE: September 1}th,2014
SUBJECT: Mayor Levine's Annual Salary and Other Compensation and Benefits
Afforded to the Office of the Mayor.
Please place the above referenced item on the agenda to be heard in conjunction
with budget items. A resolution will be forthcoming.
lf there are any questions or concerns, please do not hesitate to contact Alex
M iranda at AlexMiranda@Miam iBeach FL.gov.
We ore comnited to providing excellent public service ond soiet',t to oll who live, work, ond ploy in our vibronl, lrapico], hisloric communi^/.
Agenda ttem R-? E
Date-7-to-/v592
RESOLUTION TO BE SUBMITTED
593
R7 - Resolutions
R7F Term Sheet And Vacation Of 87th Terrace East Of Collins Avenue
1.A Resolution Approving A Term Sheet Relating To The Preparation And
Execution Of A Development Agreement Between The City And 8701 Collins
Development, LLC (8701), Which Agreement Would Provide For The Vacation
Of That Portion Of 87th Terrace East Of Collins Avenue, ln Favor Of 8701 Collins
Avenue, LLC (The "Applicant"); And Would Among Other Terms And Conditions
(1) Grants To The City Of A Ten Foot (10') Wide Perpetual Access Easement
Across The Northern-Most Portion Of The Vacated City ROW; (2) Ensures
Applicant's Payment Of A Voluntary Monetary Contribution ln The Amount Of
$10.5 Million Dollars, To Be Used By The City For lmprovements To North Beach
Open Space Park And Such Other Public Purposes As The City May Deem ln
The Best lnterest Of lts Residents And Visitors; And (3) Such Other Terms And
Conditions As May Be lmposed By The City Commission.
A Resolution Approving The Vacation And Abandonment Of That Portion Of 87th
Terrace East Of Collins Avenue, Consisting Of A 50 Foot Right-Of-Way (ROW)
Containing Approximalely 18,042 Square Feet ln Total Lot Area, As Shown On
The Plat Of Altos Del Mar Subdivision No. 2, Recorded ln Plat Book 4, Page 162
Of The Public Records Of Miami-Dade County, ln Favor Of 8701 Collins
Development, LLC (The "Applicant"); With Such Vacation Subject To And
Contingent Upon The City's Approval, And The City And Applicant's Execution,
Of A Development Agreement Which, Among Other Terms And Conditions (1)
Grants To The City A Perpetual Pedestrian Access Easement Across A Portion
Of The Vacated City Row, And (2) Ensures Applicant's Payment Of A Voluntary
Monetary Contribution, ln The Amount Of $10.5 Million Dollars, To Be Used By
The City For Public Purposes; And With Such Vacation Further Subject To And
Contingent Upon Applicant's Satisfaction Of The Conditions Set Forth ln This
Resolution. First Readinq
(Public Works/City Attorney's Office)
(Deferred from July 23,2014 - R7E)
2.
Agenda ttem 87 I-
Date ?-i*/4594
THIS PAGE INTENTIONALLY LEFT BLANK
595
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving The
Vacation Of North Meridian Avenue, Between 37th Street (Barry Street) And 39th Street, Consisting Of A
70 Foot Wide Right-Of-Way, Containing Approximately 17,500 Square Feet ln Total Area, As Shown On
The Plat Of Garden Subdivision Recorded ln Plat Book 29 At Page 67, Of The Public Records Of
Miami-Dade County, ln Favor Of Thomas G. Wenski, Archbishop Of Diocese Of Miami, A/KA St.
Patrick's Catholic Church And School (The Applicant); Waiving , By 5l7tn Vote, The Competitive Bidding
And Appraisal Requirements Pursuant To, Respectively, Sections 82-39(A) And (B) Of The City Code,
Finding That The Public lnterest Would Be Served By Waiving Such Conditions; And Further
Conditioning The Vacation On A Covenant Running With The Land That The Vacated Property Not Be
Used Toward Floor Area Ratio (FAR), And Precluding Construction Of Any Structure Or lmprovements
Within The Vacated Pro
Data (Survevs, EnvironmentalScan. etc.): N/A
ltem Summary/Recommendation :
The City holds a right-of-way dedication to a street and sidewalks fronting St. Patrick's Church and
School, along North MeridianAvenue, between 37th Street and 39th Street, consisting ol a70 foot wide
right-of-way, containing approximately 17,500 square feet (as set forth in the sketch attached as Exhibit
"A" hereto), which originated when the Plat of Garden Subdivision was platted in 1926 and approved by
the City ("City Right-of-Way" or "City ROW').
Thomas G. Wenski, Archbishop of the Diocese of Miami, a/k/a St. Patrick's Church and School (the
Applicant), which properties bear the following addresses: 3700, 3701 and 3716 Garden Avenue, Miami
Beach, are located adjacent, facing both the east and west sides of the City's ROW, and has an
enrollment of 274 students from Pre-K through 8th grade. Over the years, the Applicant has requested
the City's assistance in dealing with traffic, safety, and security of its students in accessing the City
ROW. ln 1995, the City issued a20 year revocable permit for the installation of the electrical traffic
control arm along with additional parking and landscaping on North Meridian Avenue and, in the interim,
allowed the City ROW to be blocked by barricades to ensure no traffic during the time the children were
going to school. Currently, the City ROW is closed by way of electrical arm gates that block vehicular
access when school is in session, from approximately 7:00 a.m. to 5:00 p.m.. The Applicant has
requested that the City vacate and, accordingly, has submitted its application to the City's Public Works
Department. The vacation of the City ROW serves a public purpose, by ensuring that traffic is
controlled and that the safety, and security of the vulnerable minor children attending school at St.
Patrick's, which children are as young as 18 months, be protected from traffic accidents, violence, and
generally be provided a secure entry and exit point from school.
Pursuant to the City's existing admlnistrative policies and procedures to consider the vacation of the City
streets, alleys, and/or rights-of-way, which also require compliance with Article ll, Sections 82-36
through 82-40 of the City Code (which establish procedures governing the sale or lease of public
property).
Although the City's procedures for the lease of sale or sale of public property also require an advertised
public bidding process, the requirement may also be waived by 5l7tn vote of the City Commission; in this
case, and due to the nature of the law pertaining to the vacation of rights-of-way, the City Administration
recommends that the Mayor and City Commission waive the competitive bidding requirement, finding
that the public interest is served by waiving such conditions. The Administration also recommends an
easement for public utilities be provided as the condition of this vacation.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
N/A
Source of
Funds:
Amount Account
OBPI I Totat
Financial lmpact Summary:
,s veT
# MIAMIBEACH AGENDA ITElel
-
;^r;--V-6:77596
@ MIAMIBEACH
City of Miomi Beqch, l200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI ION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE VACATION OF NORTH MERIDIAN
AVENUE, BETWEEN 37TH STREET (BARRY STREET) AND 39TH STREET,
CONSISTING OF A 70 FOOT WIDE RIGHT-OF-WAY, CONTAINING
APPROXIMATELY 17,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF GARDEN SUBDIVISION RECORDED IN PLAT BOOK 29 AT PAGE 67,
OF THE PUBLIC RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THOMAS G.
WENSKI, ARCHBISHOP OF DIOCESE OF MIAMI, NKJA ST. PATRICK'S
CATHOLIC CHURCH AND SCHOOL (THE APPLICANT); WAIVING, BY 5/7rH
VOTE, THE COMPETITIVE BIDDING AND APPRAISAL REQUIREMENTS
PURSUANT TO, RESPECTIVELY, SECTIONS 82-39(a) AND (b) OF THE CITY
CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY WAIVING
SUCH CONDITIONS; AND FURTHER CONDITIONING THE VACATION ON A
COVENANT RUNNING WITH THE LAND THAT THE VACATED PROPERTY NOTBE USED TOWARD FLOOR AREA RATTO (FAR), AND PRECLUDTNG
CONSTRUCTION OF ANY STRUCTURE OR IMPROVEMENTS WITHIN THE
VACATED PROPERTY.
ADM!NISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The City holds a right-of-way dedication to a street and sidewalks fronting St. Patrick's
Church and School, along North Meridian Avenue, between 37th Street and 39th Street,
consisting of a 70 foot wide right-of-way, containing approximately 17,500 square feet (as set
forth in the sketch attached as Exhibit "A" hereto), which originated when the Plat of Garden
Subdivision was platted in 1926 and approved by the City ("City Right-of-Way" or "City ROW').
Thomas G. Wenski, Archbishop of the Diocese of Miami, a/l</a St. Patrick's Church and
School (the Applicant), which properties bear the following addresses: 3700, 3701 and 3716
Garden Avenue, Miami Beach, are located adjacent, facing both the east and west sides of the
City's ROW, and has an enrollment of 274 students from Pre-K through 8th grade. Over the
years, the Applicant has requested the City's assistance in dealing with traffic, safety, and
security of its students in accessing the City ROW.
f the City mission
597
Commission Memorandum -Sf. Patrick
Page 2 of 2
ln 1995, the City issued a 20 yeat revocable permit for the installation of the electrical traffic
control arm along with additional parking and landscaping on North Meridian Avenue and, in the
interim, allowed the City ROW to be blocked by barricades to ensure no traffic during the time
the children were going to school. Currently, the City ROW is closed by way of electrical arm
gates that block vehicular access when school is in session, from approximately 7:00 a.m. to
5:00 p.m.. The Applicant has requested that the City vacate and, accordingly, has submitted its
application to the City's Public Works Department.
The vacation of the City ROW serves a public purpose, by ensuring that traffic is controlled and
that the safety, and security of the vulnerable minor children attending school at St. Patrick's,
which children are as young as 18 months, be protected from traffic accidents, violence, and
generally be provided a secure entry and exit point from school.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of
the City streets, alleys, and/or rights-of-way, which also require compliance with Article ll,
Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale
or lease of public property), in addition to the previously mentioned application, prior to
considering a request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be accompanied by
a duly noticed public hearing, in order to obtain citizen input into the proposed vacation;
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee
for its review (Note: the request for vacation was heard during the Special Finance and
Citywide Projects Committee meeting of July 3Ot^,2014, and the Committee recommended
the City Commission to proceed with the vacation);
3) ln order for the City Commission and the public to be fully appraised of all conditions relating
to the proposed vacation, the City's Planning Department shall prepare a written planning
analysis, to be submitted to the City Commission concurrent with its consideration of the
proposed vacation; and,
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated (Note: this provision may be waived by a 5l7th vote of the City
Commission, finding that the public interest is served by waiving such condition); and
Although the City's procedures for the lease of sale or sale of public property also require an
advertised public bidding process, the requirement may also be waived by 5t7tn vote of the City
Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-
way, the City Administration recommends that the Mayor and City Commission waive the
competitive bidding requirement, finding that the public interest is served by waiving such
conditions. The Administration also recommends an easement for public utilities be provided as
a condition of this vacation.
CONCLUSION
The Administration recommends adopting the Resolution.
Attachment: Planning analysis
JLMMTT&#,AM/EB
T:\AGENDA\2U1 4\September\Public Works\St Patrick Memo.docx
598
Attachment -
fu\l,&1,,iiY;xfu^L*T ;
PIANNING DEPARTMENT PLANNING ANALYSIS
To: Jimmy L. Morales, City Manager
FROM: Thomas R. Mooney, AICP
Planning Director
DATE: September 10,2014
SUBJECT: ANALYSIS OF PROPOSED RIGHT OF WAY (ROW) VACATION
N. MERIDIAN AVENUE BETWEEN 37TH STREET AND 39TH STREET.
BACKGROUND
Section 82-38 of the Code of the City of Miami Beach requires that any proposed sale or lease
of City-owned land be analyzed from a planning perspective so that the City Commission and
the public are fully apprised of all conditions relating to the proposed sale or lease.
The proposal is to vacate Meridian Avenue between 37th Street and 39th Street. The right of
way is 70 feet wide and contains approximately 17,500 square feet in area; however, a
covenant is being provided that prevents the area from counting towards the floor area ratio
(FAR) of any future building(s) once it is vacated. The following is an analysis based on the
criteria delineated in the Code.
ANALYSIS
1. Whether or not the proposed use is in keeping with city goals and objectives and
conforms to the city comprehensive plan.
Consistent - The vacation of the ROW will greatly contribute to the safety of
pedestrians and students traveling between the facilities of Saint Patrick's school which
are divided by Meridian Avenue. This is consistent with the Comprehensive Plan
Transportation Element Objective 5, which states the following:
OBJECTIVE 5: PEDESTRIAN AND BICYCLE CIRCULATION
The City shall strive to increase and promote the safe and convenient use of ifs
bicycle and pedestrian networks including the creation, extension, and
improvements of bicycle and pedestrian facilities between and among present
and potential generators of bicycle and pedestrian traffic.
2. The impact on adjacent property, including the potential positive or negative
impacts such as diminution of open space, increased traffic, noise level or
enhanced property values, improved development patterns and provision of
599
Analysis of Proposed Right of Way (ROW) Vacation -
N. Meridian Avenue between 37th Street and 39th Street
September 10, 2014
Page 2 of 3
necessary services. Based on the proposed use of the property, the city shall
determine the potential impact of the project on city utilities and other
infrastructure needs and the magnitude of costs associated with needed
infrastructure improvements. Should it become apparent that further evaluation
of traffic impact is needed, the proponent shall be responsible for obtaining a
traffic impact analysis from a reputable traffic engineer.
Consistent - No negative impacts are anticipated by the proposal. The property being
vacated by the City will include a covenant which prohibits construction of any structure
on the property and prohibits the property from being counted towards the floor area
ratio (FAR) of the site.
. Though a ROW is proposed to be vacated, no construction is being proposed
within the vacated ROW; therefore there will be no diminution of open space.. Vacation of the ROW will not affect the transportation network as this is not an
arterial or collector roadway and connectivity will continue to be provided by
adjacent streets. ln addition no additional floor area will become available as a
result of this vacation, thus it cannot be the cause of additional trips being
generated from the site.o No noise level impacts are anticipated from the vacation, as there will be no
development on the site.. The proposed vacation should not affect surrounding property values.r Vacation of the ROW should not affect development patterns of the surrounding
neighborhood.o Vacation of the ROW way will not impact adopted levels of service for public
infrastructure, as there will be no new development, and it is not an arterial or
collector roadway.
A determination as to whether or not the proposed use is in keeping with a public
purpose and community needs, such as expanding the city's revenue base,
creating jobs, creating a significant revenue stream, and improving the
community's overall quality of life.
Consistent - This proposal will improve the community's overall quality of life by
improving the safety of students and pedestrians attending Saint Patrick's School, which
serves many members of the community.
A determination as to whether or not the development is in keeping with the
surrounding neighborhood, will block views or create environmental intrusions,
and evaluation of the design and aesthetic considerations of the project.
Consistent - There will be no development on the vacated property, nor will the
vacation allow for the development of additional FAR on an adjacent site. Therefore it
will not result in the blocking of views or environmental intrusions.
3.
4.
600
Analysis of Proposed Right of Way (ROW) Vacation -
N. Meridian Avenue between 37th Street and 39th Sfreef
September 10, 2014
Page 3 of 3
5. The impact on adjacent properties, whether or not there is adequate parking,
street and infrastructure needs.
Consistent - Vacation of this ROW will not affect the parking or infrastructure needs of
adjacent properties. Surrounding properties are not dependent on the parking provided
within this ROW.
6. Such other issues as the city manager or his authorized designee, who shall be
the city's planning director, may deem appropriate in analysis of the proposed
disposition.
Not applicabte - The Planning Department has no other issues it deems appropriate to
analyze for this proposal.
GONCLUSION
The proposed vacation of the public ROW is consistent with the Goals, Objectives, and Policies
of the Comprehensive Plan. The vacation of North Meridian Avenue between 37th Street and
39th Street will generate no negative impacts for the surrounding area. The property will not be
developed and will greatly improve safety for pedestrians and students.
TRM/RAM
T:\AGENDA\201 4\September\Public Works\St Patricks Planning Analysis.doc
601
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE
VACATTON OF N. MERIDIAN AVENUE, BETWEEN 37TH
STREET (BARRY STREET) AND 39TH STREET, CONSTSTING
OF A 70 FOOT WIDE RIGHT.OF-WAY, CONTAINING
APPROXIMATELY 17,500 SQUARE FEET IN TOTAL AREA, AS
SHOWN ON THE PLAT OF GARDEN SUBDIVISION
RECORDED IN PLAT BOOK 29 AT PAGE 67, OF THE PUBLIC
RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THOMAS
G. WENSKI, ARCHBISHOP OF DIOCESE OF MIAMI, A/I(A ST.
PATRICK',S CATHOLIC CHURCH AND SCHOOL (THE
APPLTCANT); WA|VING, By 5/7rH VOTE, THE COMPETITTVE
BIDDING AND APPRAISAL REQUIREMENTS PURSUANT TO,
RESPECTIVELY, SECTIONS 82-39(a) AND (b) OF THE CITY
CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE
SERVED BY WAIVING SUCH CONDITIONS; AND FURTHER
CONDITIONING THE VACATION ON A COVENANT RUNNING
WITH THE LAND THAT THE VACATED PROPERTY NOT BE
usED TOWARD FLOOR AREA RATIO (FAR), AND
PRECLUDING CONSTRUCTION OF ANY STRUCTURE OR
IMPROVEMENTS WITHIN THE VACATED PROPERTY.
WHEREAS, the City holds a right-of-way dedication to a street and sidewalks
fronting St. Patrick's Church and School, along N. Meridian Avenue, between 37th Street
and 39th Street, consisting of a 7Q foot wide right-of-way, containing approximately
17,500 square feet (as set forth in the sketch attached as Exhibit "A" hereto), which
originated when the Plat of Garden Subdivision was platted in 1926 and approved by the
City ("City Right-of-Wat/' or "City ROW"); and
WHEREAS, Thomas G. Wenski, Archbishop of the Diocese of Miami, a/k/a St.
Patrick's Church and School (the Applicant), which properties bear the following
addresses: 3700,3701 and 3716 Garden Avenue, Miami Beach, are located adjacent,
facing both the east and west sides of the City's ROW, and has an enrollment of 274
students from Pre-K through 8th grade; and
WHEREAS, over the years, the Applicant has requested the City's assistance in
dealing with traffic, safety, and security of its students in accessing the City ROW; and
WHEREAS, in 1995, the City issued a 20 year revocable permit for the
installation of the electrical traffic control arm along with additional parking and
landscaping on N. Meridian Avenue and, in the interim, allowed the City ROW to be
blocked by barricades to ensure no traffic during the time the children were going to
school; and
602
WHEREAS, currently, the City ROW is closed by way of electrical arm gates that
block vehicular access when school is in session, from approximately 7:00 a.m. to 5:00
p.m.; and
WHEREAS, the Applicant has requested that the City vacate and, accordingly,
has submitted its application to the City's Public Works Department; and
WHEREAS, the vacation of the City ROW serves a public purpose, by ensuring
that traffic is controlled and that the safety, and security of the vulnerable minor children
attending school at St. Patrick's, which children are as young as 18 months, be
protected from traffic accidents, violence, and generally be provided a secure entry and
exit point from school; and,
WHEREAS, pursuant to the City's existing administrative policies and
procedures to consider the vacation of the City streets, alleys, and/or rights-of-way,
which also require compliance with Article ll, Sections 82-36 through 82-40 of the City
Code (which establish procedures governing the sale or lease of public property), in
addition to the previously mentioned application, prior to considering a request for
vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard
by the City Commission on two separate meeting dates, with the second reading
to be accompanied by a duly noticed public hearing, in order to obtain citizen
input into the proposed vacation;2) The proposed vacation shall be transmitted to the Finance and Citywide
Projects Committee for its review (Note: the request for vacation was heard
during the Special Finance and Citywide Projects Committee meeting of July
30th, 2014, and the Committee recommended the City Commission to proceed
with the vacation);3) ln order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed vacation; and,4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated (Note: this provision may be waived by a
5/7th vote of the City Commission, finding that the public interest is served by
waiving such condition); and
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, the requirement may also be
waived by 5l7th vote of the City Commission; in this case, and due to the nature of the
law pertaining to the vacation of rights-of-way, the City Administration recommends that
the Mayor and City Commission waive the competitive bidding requirement, finding that
the public interest is served by waiving such conditions.
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 approving the vacation of N. Meridian Avenue, between 37th Street
(Barry Street) and 39th Street, consisting of a 70 foot wide right-of-way, containing
approximately 17,500 square feet in total area, as shown on the Plat of Garden
Subdivision recorded in Plat Book 29 at Page 67, of the public records of Miami-Dade
603
county, in favor of Thomas G. Wenski, Archbishop of Diocese of Miami, a/k/a St.
Patrick's Catholic Church and school (the applicant); waiving, by 5l7th vote of the City
Commission, the competitive bidding and appraisal requirements pursuant to,
respectively, sections 82-39(a) and (b) of the City Code, finding that the public interest
would be served by waiving such conditions; and further conditioning the vacation on a
covenant running with the land that the vacated property not be used toward floor area
ratio, and precluding construction of any structure or improvements within the vacated
property.
PASSED and ADOPTED this _day of September,2014.
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City AltorneY
qlr.EE'
-M
604
THIS PAGE INTENTIONALLY LEFT BLANK
605
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee To Extend
The lnterlocalAgreement With The Greater Miami Convention And Visitors Bureau(GMCVB) On A Month-To-
Month Basis Under The Current Contracted Terms, But Not To Exceed One (1) Year From September 30,
2014; For The City Administration To Re-Negotiate An lncentive Based Agreement That Establishes A Base
Fee And An lncentive Fee To Be Paid Based On The Overall Achievement Of Annual Performance Goals,
And Further That Funding To The GMCVB Remain At The Current Level Of $5,366,000 And That The City
Hire An Owner's Representative ln An Amount Not To Exceed $161,000 At The City Manager's Discretion.
Maximize The Miami Beach Brand as a World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): A majority of residents of Miami Beach (64Yo) believed
that tourism adds to the quality of life in Miami Beach. This figure was down slightly from 2009 (69%) and 2012
(70%). About one in five residents (19%) claimed that tourism detracted from quality of life with results fairly
similar across districts.
ltem Summary/Recommendation :
The City has been contracting with the Greater Miami Convention and Visitor's Bureau (GMCVB) since 1984
for the purpose of promoting the Miami Beach Convention Center and the destination. The GMCVB is the
entity primarily responsible for pursuing and securing Convention business for the Convention Center, with the
Convention Center management company also responsible for pursuing booking business, which typically
includes shorter term uses. On September 24, 2009, the City Commission adopted Resolution No. 2009-
27217 approving a newfive (5) yearagreementcommencing on October 1,2009, and ending on September
30, 2014. On July 18,2014 this item was brought to Finance and Citywide Projects Committee meeting. The
committee made no recommendation and moved the item to the August 13,2014 Budget meeting and then to
the September 10, 2014 Commission meeting for final discussion.
ln anticipation of the expiration of the GMCVB agreement, the City contracted with Strategic Advisory Group
(SAG) to assist the City in analyzing the current GMCVB agreement and recommend revisions. SAG's primary
recommendation was to change the overall direction of the proposed terms for the GMCVB contract with the
City to a performance based agreement from a fee for services approach. This new direction focuses on the
achievement of key metrics and the overall measureable success of GMCVB in their contractual relationship
with the City. As part of this recommendation, the City would establish a base fee and establish an incentive
fee to be paid based on the overall achievement of agreed-upon annual performance goals.
The Finance and Citywide Projects Committee discussed this on July 18, 2014 and August 13,2014 and
recommended to extend the lnterlocal Agreement with the Greater Miami Convention and Visitors Bureau on a
month to month basis under the current contracted terms, but not to exceed one (1) year. The Committee also
recommended staff re-negotiate an incentive base agreement that establishes a base fee and an incentive fee
to be paid based on the overall achievement of annual performance goals. Finally, the Committee
recommended funding remain at the current level of $5,366,000 and recommended the City hire an owner's
in an amount not to exceed $161,000 at the C s discretion.
The Finance and Citywide Projects Committee discussed this on July 18, 2014 and August 13,2014 and
made the aforementioned recommendation.
Financial lnformation:
Clerk's Office
Source of ^Funds: (,(r^J
Max Sklar, ext. 6116
T:\AGENDA\201 4\September\TCED\FCWPC Recommendation GMCVB SUMM.doc
AGENDAtTEii R7 HE MIAMIBEACH DATE606
E MIAMIBEACH
City of iliomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
THE CITY OF MIAMI BEAGH, FLORIDA, ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS MEETING ON AUGUST 13, 2014
TO EXTEND THE INTERLOCAL AGREEMENT WITH THE
GREATER MIAMI CONVENTION AND VISITORS
BUREAU(GMCVB) ON A MONTH-TO-MONTH BASTS UNDER THE
CURRENT CONTRACTED TERMS, BUT NOT TO EXCEED ONE
(1) YEAR FROM SEPTEMBER 30, 2014; FOR THE CITY
ADMINISTRATION TO RE.NEGOTIATE AN INCENTIVE BASED
AGREEMENT THAT ESTABLISHES A BASE FEE AND AN
INCENTIVE FEE TO BE PAID BASED ON THE OVERALL
ACHIEVEMENT OF ANNUAL PERFORMANCE GOALS; AND
FURTHER THAT FUNDING TO THE GMCVB REMAIN AT THE
CURRENT LEVEL OF $5,366,000 AND THAT THE CITY HIRE AN
OWNER'S REPRESENTATIVE IN AN AMOUNT NOT TO EXCEED
$161,000 AT THE CITY MANAGER'S DISCRETION.
ADM!NISTRATION RECOMMENDATION
Accept the recommendation of the Finance and Citywide Projects Committee to extend
the lnterlocal Agreement with the Greater Miami Convention and Visitors Bureau on a
month to month basis under the current contracted terms, but not to exceed one (1) year
from September 30, 2014. The Committee also recommended staff re-negotiate an
incentive base agreement that establishes a base fee and an incentive fee to be paid
based on the overall achievement of annual performance goals. Finally, the Committee
recommended funding for the GMCVB remain at the current level of $5,366,000 and
recommended the City hire an owner's representative in an amount not to exceed
$161 ,000 at the City Manager's discretion.
BACKGROUND
The City has been contracting with the Greater Miami Convention and Visitor's Bureau
(GMCVB) since 1984 for the purpose of promoting the Miami Beach Convention Center
and the destination. The GMCVB is the entity primarily responsible for pursuing and
securing Convention business for the Convention Center, with the Convention Center
management company also responsible for pursuing booking business, which typically
includes shorter term uses. A booking policy governs priority of bookings. The GMCVB
607
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 2 of 9
also engages in local, national and international marketing of the overall destination in
an effort to promote tourism. The goal of both the convention booking and destination
marketing is to secure hotel room nights in the City, and further enhance the City's
tourism economy. Funding for the City's Agreement with the GMCVB is derived from the
Municipal Resort Tax revenue. The GMCVB derives additional funding from Miami-Dade
County, Village of Bal Harbour, member fees and cooperative marketing partnerships.
The GMCVB's activities are focused primarily in marketing and convention
sales/meeting sales.
ln 1984, the City of Miami Beach (CMB), Miami Dade County, the City of Miami and the
Village of Bal Harbour, entered into an lnterlocal Agreement with the Greater Miami
Convention and Visitor's Bureau to perform tourism and convention sales and promotion
functions. On July 7, 1999 the Mayor and City Commission adopted Resolution No. 99-
23237 approving an agreement with the GMCVB for an initial term commencing on
October 1, 1999 and ending on September 30, 2002 with one, two (2) year renewal
option, at the City's discretion. On December 8, 2004, the City Commission adopted
Resolution No. 2004-25767 which approved an agreement with the GMCVB for five (5)
years from October 1, 2004 - September 30, 2009. On July 7, 2009, the Finance and
Citywide Projects Committee directed the Administration to negotiate a new five (5) year
agreement with the GMCVB. On September 24,2009, the City Commission adopted
Resolution No. 2009-27217 approving a new five (5) year agreement commencing on
October 1, 2009, and ending on September 30, 2014.
On July 18, 2014 this item was brought to Finance and Citywide Projects Committee
meeting. The committee made no recommendation and moved the item to the August
13,2014 Budget meeting and then to the September 10,2014 Commission meeting for
final discussion.
CURRENT AGREEMENT TERMS:
The current agreement, which expires September 30,2014 has the following terms:
TERMS
1. Term Five (5) years commencing on October 1,2009, and ending on
September 30, 2014', termination for convenience with 60 day
notice.
A "contract year" shall be defined as the period from October 1
through September 30 of the following year (coinciding with the
Citv's FiscalYear).
2. Base Fee $5,000,000 per year.
At the commencement of the 2nd contract year of the Agreement,
and at the beginning of every year thereafter, the annual City's
contribution will be adjusted by 3% or the increase in the CPI-U,
whichever is less.
3. Sub-Market
lnitiatives
GMCVB agrees that not less than $950,000 will be targeted annually
to support and implement sub-market initiatives developed by the
City, in partnership with the Bureau, that market, promote or support
activities or events in the City, or that directly benefit the City. These
sub-market initiatives will be revisited annually and established by
the City, in its reasonable discretion, on an annual basis.
608
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 3 of 9
TERMS
The Bureau's Marketing and Tourism Committee must fully reflect
and be representative of the sub-market initiatives referenced
above.
4. GulturalArts
Council
GMCVB will make an annual contribution to the City's Cultural Arts
Council of $50,000 per year.
5. Performance
Objectives
The following performance objectives shall be included in the
Agreement for achievement during the Agreement term:
A. Organizational lmprovemento Report on/update the status of the current five-year
Strategic Plan (year 1)o Develop and present for approval a new Strategic Plan
(year 1)o Conduct an annual retreat (year 1, year 3)o Report on/update the status of the new Strategic Plan
developed in year 1 (year 3)
B. Develop, plan and/or implement certain mutually agreed
upon recommendations from the Mayor's Blue Ribbon Task
Force on Tourism
C. New Bookings at the Miami Beach Convention Center:o Book a minimum of twenty (20) new conventions/
meetings/Corporate business
D. New Bookings at Miami Beach Hotelso Book a minimum of 125 new
events/meetings/corporate business
E. Achieve no less than a 90% positive rating on customer
service surveys for convention bookings (positive =
excellenUgood)* Note: The term "Booking" will be further defined in the Agreement,
"new refers to non-renewal business.
6. Reports Provide at beginning of term and subsequently as needed/updated:o Operating Policies and Procedureso Convention Sales Standard Operating Procedureso Convention Services Standard Operating
Procedureso GMCVB, Global Spectrum, Messe Schweiz
Marketing Partnership
Provide Monthly:o Tourism Saleso New Leisure visitor generated and estimated visitor
receiptso Visitor Demographics (with breakdown for MB). Convention Sales" .",1*.i"*i!itsJl|";f_fr#,!
ii*::**
(convention center related)
Booked Business Report - sales closed
(Miami Beach Hotels)o Business targets (leads, including bid opportunitiesfor major events and international business
opportunities)o Lost Business Reports (all and convention center
relatedo Cancelled Business Reports (all and convention
609
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 4 of 9
TERMS
center related)o ln-kind Partnership Reportso Convention lncome Surveyo Convention Summary Reportso GMCVB Membershipo PrivateMembershipparticipationo Leverage and ln-kind support. Marketingo Total number of paid media placements and media
impressions (all)o Total number of paid media placements and media
impressions (convention-related)o Total number of earned media opportunities and
impressions (all)o Total number of earned media opportunities and
impressions (convention-related)o Targeted lnitiativeso Boutiquirxi,lSi,.n
Report (number of media
placements, number of media impressions,
number of earned media opportunities)
Sales Report (number of booked new
business - leisure and convention/meetings)o o"+"'fl':[ffi""J$1T'1n,rb",. or media
placements, number of media impressions,
number of earned media opportunities)
Sales Activities (marketing efforts targetedto leisure travel, convention/meetings,
leads, etc.)o Survey results as required per agreement. Convention Center Sales Customer Service Feedback
Reports
Provide annually (within 90 days after end of term)o ROlAnalysiso Conventions and Meetings (annual number booked,
anticipated visitorsidelegates, room nights and total
receipts/economic impact)o Advertising (conversion analysis actual new visitors,
hotel room nights and visitor receipts)o GMCVB Website (hotel booking results)o Tourism Saleso Revenue Per Available Rooms (Rev Par)
7. Marketing Support GMCVB will participate in monthly Sales and Marketing Meeting
held by the CMB and MBCC. Minimum of 25% of GMCVB's total convention marketing
funds available per the approved GMCVB budget will be
used to promote the availability and use of the MBCC.o All MBCC convention/meeting industry publication ads are
to be drafted and reviewed with the MBCC Director of Sales
and Marketing Manager.. GMCVB's Advertising and Marketing Costs shall be at least
50% of the overall GMCVB annual budget.o GMCVB will support and highlight targeted City events
and/or amenities (e.g. golf clubs, Sleepless Niqht), in
610
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 5 of 9
Attached is a summary of their annual performance report Since FY 2003-04. I have
also attached for your review a summary of the GMCVB current annual revenues, as
well as a comparison of the City's funding allocation to the GMCVB versus the City's
resort tax collections. The GMCVB did meet their Performance Objectives but, in
hindsight, these objectives were not challenging. As a result, the City began to review
the agreement in an effort to make it more performance based.
GMCVB'S PROCESS FOR BOOKINGS
The GMCVB's Convention sales staff reaches out to clients through many different
avenues to obtain "leads".
1) Sales calls daily from their data base by 1 1 sales managers for both hotel and
MBCC business as well as prospecting new markets. One Sales manager is
located in Washington DC, which hosts more than 3,000 headquarters for
Association, Corporate and Tradeshow businesses.
2) Attending tradeshows and industry shows where clients are in attendance and
selling directly to them while building on relationships. The GMCVB attends over
60 events a yeat and typically has a representative from the MBCC staff and
partner hotels when appropriate.
3) Hosting clients and customers in Greater Miami for familiarization trips, sites
inspections and other industry shows going on in our destination.
4) Respond to inquiries that come in via email, phone, Convention Center staff,
hotel sales people, and local community leaders that want to bring business to
Miami Beach.
Once a client is interested in the MBCC for a future year, the GMCVB qualifies them
through their history of previous meeting destinations. The GMCVB looks at their hotel
pickup and contracts to verify that they meet the First Priority Status that will allow them
to hold dates 1st option beyond the 24 month window (per the MBCC booking Policy -
1,500 rooms contracted or greater). Once that is determined, the GMCVB works with
the Client on dates and the MBCC staff on proposals, and assists from start to finish with
the clients'visits to secure the hotels and room blocks. (example: American Academy of
Dermatology convention in 2013 used 55 hotels to meet their requirement for 5,600
rooms on peak which the GMCVB facilitated).
TERMS
GMCVB publications (in-room maqazines, etc.)
8. European Sales:Partner with Messe Schweiz for European convention sales and
marketing.
1. Coordinate at least one annual meeting with Messe Schwiez
to develop annual international sales and marketino plan.
10. Governance City representation on the Executive Committee and Board
will be not less than 30%.
City's representation on any and all Bureau committees/
andllor subcommittees shall be a number proportionate to
the percentage amount of the City's total annual financial
contribution to the Bureau, but in no event shall be less than
30%.
The City manager or his designee shall be a voting member
of the Finance Committee.
The General Manager of the MBCC shall be a voting
member of the Convention Sales Committee.
611
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 6 of 9
For long term citywide groups, this process can take 4-6 years from the "lead to the
booking". ln this timeframe, the GMCVB assist the clients as they weed out the
competition, facilitate hotel proposals that need fine-tuning, make presentations to
Boards and Executive committees and strengthen these relationships along the way.
Once the convention is booked, the Convention Services Team is in "All Hands on
Deck" mode. The GMCVB partners with the clients on promoting Miami Beach at the
convention in the city prior to Miami Beach (i.e. American Academy of Dermatology,
Cardiac Research Foundation TCT, etc. which can include: Personnel, Booth,
Promotional Material, Video, Handouts, Brochures, and Maps). Once on site, GMCVB
Convention Services does everything from the "day to day" liaison to the community,
media, transportation contacts, staffing needs, airport & city welcome signage, banners,
referrals, housing desk, off site venue recommendations, etc. The GMCVB is the "one
stop shop" for the client.
Additionally, the City engaged the GMCVB in 2009 to work more closely with the repeat
users for MBCC (i.e. Swimwear show, Printing Show, Cruise Shipping, Jewelry show,
Art Basel, etc.) by providing a more active Convention Sales and Services presence.
These services have included: arrival welcome at the MlA, Banners in Miami Beach
welcoming the group, marketing support, pre-mailers to increase attendance, registration
personnel provided on site, assistance with securing hotel rooms for the clients' room
blocks which would assist them to qualify their hotel pickup, conducting site inspections,
ideas for special events, etc. The intent of the City at the time was to make these repeat
customers feel welcomed and valued.
NEW AGREEMENT
ln anticipation of the expiration of the GMCVB agreement, the City contracted with
Strategic Advisory Group (SAG) to assist the City in analyzing the current GMCVB
agreement and recommend revisions. As you know, SAG is the City's consultant for the
Convention Center Renovation Project. ln addition to these services SAG also has
destination marketing experience. Mr. Daniel Fenton, Associate Partner with SAG, has
over 25 years of Hospitality and Destination Marketing experience. Prior to joining SAG,
Mr. Fenton was CEO of the San Jose Convention and Visitors Bureau and has held
senior management positions with Radisson, Amfac and Hyatt Hotels. He is a graduate
of the Cornell School of Hospitality Management.
Mr. Fenton specifically performed the following services for the City:
L Reviewed and analyzed the current GMCVB agreement;
1. Reviewed historical bookings and recommended future production goals and
goal setting process;
Reviewed proposed Term Sheet by GMCVB;
Reviewed budget information from CMB and Bureau including summary data on
key measures from the past three to five years;
Reviewed hotel inventory data for Miami Beach and the Greater Miami area,
including trends in transient occupancy tax collections; and
2.
3.
4.
612
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 201 4
Page 7 of 9
5. Conducted interviews with stakeholders including City staff, and multiple
interviews with key staff of the Convention Center.
6. This research effort established industry standards, as well as suggest
alternative strategies that are currently working well in other locations (along with
lessons learned from failed experiments elsewhere).
7. ldentifying opportunities to refine approach to guiding future performance; and
8. Proposing revisions to current GMCVB agreement.
SAG RECOMMENDATIONS
SAG's primary recommendation was to change the overall direction of the proposed
terms for the GMCVB contract with the City to a performance based agreement from a
fee for services approach. This new direction focuses on the achievement of key metrics
and the overall measureable success of GMCVB in their contractual relationship with the
City. As part of this recommendation, the City would establish a base fee and establish
an incentive fee to be paid based on the overall achievement of agreed-upon annual
performance goals.
Although the details still need to be negotiated and agreed upon by both parties,
recommended performance measures could include the following categories:
Cityride Conventions. Definite Room Nights
o Associated with future Convention Center bookings
o Associated with agreed-upon future need periods
o Convention Center Fiscal Performance
As a key partner in the overall success of the Miami Beach Convention Center
(MBCC), the GMCVB will have performance metrics tied to the fiscal results. The
following are the performance metrics:
o MBCC Revenue. Future Revenue booked into MBCC annually
o Future revenue will be determined based on the estimated revenues
in rent, food and beverage, electric and audio visual. Current Revenue
. As an indicator of past sales efforts, current annual MBCC revenue
will be a performance metric
o Economic lmpact
Using an agreed-upon formula, the economic impact of future citywide
bookings
Miami Beach Hotels "ln house" group bookings. Room Nights
o Room nights associated with future "in house booking"
o Economic lmpact
o Using an agreed-upon formula, the economic impact of "in house" bookings
613
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 8 of 9
Leisure Groupso The efforts to secure group tour/leisure business will be measured with the
following metrics:
o Consumed Room Nights. Consumed room nights are defined as actual rooms occupied by tour
groups and others verified through hotel rooming lists
o Economic lmpact. Using an agreed-upon formula, the economic impact of leisure groups will
be determined
tndividual Leisure Travel. The marketing and conversion of leisure travel will be measured with the following
metrics:
o Room Night Conversion. Using an agreed-upon methodology, an annual conversion study will be
conducted to determine the direct impact of leisure travel marketing
efforts.
o Online Bookings
o Room nights booked through the online booking engine
Joint Goal Setting
ln order to establish the annual performance measures the GMCVB will finalize a goal
setting process related to the contractual metrics that includes a defined internal process
and the participation of the hospitality industry and MBCC operator. The GMCVB will
collaborate with MBCC to create a singular marketing plan in the area of citywide
convention sales and marketing. The marketing plan will include an outline of the
agreed-upon key vertical markets, a collaborative approach to all marketing channels,
and a deployment plan.
Reporting
GMCVB would also be required to create a monthly report that will encompass the
contractual performance metrics and the results in comparison to annual agreed-upon
goals and the previous year's results.
GMCVB will coordinate a joint reporting plan with MBCC incorporating all shared
metrics.
GMCVB will also produce a "pace" report that will indicate the current level of activity
and overall group performance for future years.
All GMCVB reports will be provided to the City, Convention Center, and Convention
Center Advisory Board.
FINANCE AND CITYWIDE PROJECTS COMMITTEE RECOMMENDATION
Transitioning to a performance based agreement requires the City and GMCVB to begin
a goal setting process with the hospitality industry, which will take place over several
months. Therefore, the City Administration recommends a one (1) year extension of the
614
Accept FCWPC Recommendation - GMCVB
City Commission Meeting
September 10, 2014
Page 9 of 9
current Agreement under the same terms and conditions to allow time for the goal
setting process to occur. This will allow the Administration and GMCVB to finalize
negotiations of a new agreement for consideration by the City Commission.
Additionally, this allows the Administration to finalize the Convention Center renovation
plans and timelines. Finally, this also provides time for the Administration to begin
drafting Convention Center Booking Policy amendments that will address future
bookings at the Center.
The Finance and Citywide Projects Committee discussed this on July 18, 2014 and
August 13,2014 and recommended to extend the lnterlocal Agreement with the Greater
Miami Convention and Visitors Bureau on a month to month basis under the current
contracted terms, but not to exceed one (1) year. The Committee also recommended
staff re-negotiate an incentive base agreement that establishes a base fee and an
incentive fee to be paid based on the overall achievement of annual performance goals.
Finally, the Committee recommended funding remain at the current level of $5,366,000
and recommended the City hire an owner's representative in an amount not to exceed
$161 ,000 at the City Manager's discretion.
CONCLUSION
The Administration recommends accepting the Finance and Citywide Projects
Committee recommendation.
CLWil, ,
JLM/KGB/U4a\
T:\AGENDA\201 4\SeptembeATCED\FCWPC Recommendation GMCVB.doc
615
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS
OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE AT ITS
MEETING ON AUGUST 13, 2014 TO EXTEND THE INTERLOGAL
AGREEMENT WITH THE GREATER MIAMI CONVENTION AND
vtstToRs BUREAU(GMCVB) ON A MONTH-TO-MONTH BASTS UNDER
THE CURRENT CONTRAGTED TERMS, BUT NOT TO EXCEED ONE (1)
YEAR FROM SEPTEMBER 30, 2014; FOR THE Clry ADMINISTRATION
TO RE.NEGOTIATE AN INCENTIVE BASED AGREEMENT THAT
ESTABLISHES A BASE FEE AND AN INCENTIVE FEE TO BE PAID
BASED ON THE OVERALL ACHIEVEMENT OF ANNUAL
PERFORMANCE GOALS; AND FURTHER THAT FUNDING TO THE
GMCVB REMAIN AT THE CURRENT LEVEL OF $5,366,000; AND THAT
THE CITY HIRE AN OWNER'S REPRESENTATIVE IN AN AMOUNT NOT
TO EXCEED $161,000 AT THE CIry MANAGER'S DISCRETION.
WHEREAS, the City has been contracting with the Greater Miami Convention and Visitor's
Bureau (GMCVB) since 1984 for the purpose of promoting the Miami Beach Convention Center
("Convention Center") and Miami Beach; and
WHEREAS, the GMCVB is the entity primarily responsible for pursuing and securing convention
business for the Convention Center, with the Convention Center management company also
responsible for pursuing booking business, which typically includes shorter term uses; and
WHEREAS, on September 24,2009, the City Commission adopted Resolution No.2009-27217
approving a new five (5) year agreement commencing on October 1, 2009, and ending on
September 30, 2014; and
WHEREAS, on July 18, 2014, this item was considered by the Finance and Citywide Projects
Committee. The Committee made no recommendation and moved the item to its August 13,2014
Budget meeting and then to the September 10,2014 City Commission meeting for final discussion;
and
WHEREAS, the City contracted with Strategic Advisory Group (SAG) to assist the City in
analyzing the current GMCVB agreement and to recommend revisions which would change the
overall direction of the proposed terms to a performance-based agreement with a fee for services
approach; the City would establish a base fee and establish an incentive fee to be paid based on the
overall achievement of agreed-upon annual performance goals; and
WHEREAS, the Finance and Citywide Projects Committee discussed this item on July 18,2014
and on August 13, 2014 and recommended to extend the lnterlocal Agreement with the Greater
Miami Convention and Visitors Bureau on a month-to-month basis under the current contracted
terms, but not to exceed one (1) year from September 30,2014. The Committee also recommended
that the City Administration re-negotiate an incentive based agreement that establishes a base fee
and an incentive fee to be paid based on the overall achievement of annual performance goals.
Finally, that the Committee recommended that funding for the GMCVB remain at the current level of
$5,366,000 and recommended that the City hire an owner's representative in an amount not to
exceed $161,000 at the City Manager's discretion.
616
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendations of the Finanoe and Citywide
Projects Committee to extend the lnterlocal Agreement with the Greater Miami Convention and Visitors
Bureau on a monh-temonth basis under tre cunent contraded terms, br.rt not to exceed one (1) year from
September 30, 2014; for the City Administration to re'negotiate an incentive based agreement that
establishes a base fee and an incentive fee to be paid based on the overall achievement of annual
performance goals; that funding remain at the cunent level of $5,366,000; and that the City hire an owne/s
representative in an amount not to exceed $161,000 at the City Manager's discretion.
PASSED and ADOPTEDIh|S_ day o[2014.
ATTEST
Rafael E. Granado, CITY CLERK Philip levine, MAYOR
T:\AGENDA\201 4\September\TCED\Recommendation GMCVB RESO.docx
,8ffif8Y:RS'lB'i ron ExEcuTloN
""\
t-d{'*
City AttomeY
617
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the City of Miami Beach, approving a Term Sheet outlining material terms so that a Florida Statute
Chaoter 163 be prepared between the City and Miami Beach Port, LLC ("MBP"
lntended Outcome
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and growth management
across the Citv.
Supporting Data (Surveys, Environmental Scan, etc.: 48% of residential respondents and 55o/o of businesses rate the
effort put forth by the City to regulate development is "about the right amount."
Item
On Feb
an adja
Commil
The La
Adminis
develop
On Apri
Agreem
On July
Thereal
Commil
On JulS
apprais
develop
compre
The Adr
of the t
Chapter
ruary 19, 2014, the Land Use Committee discussed a proposal to create a Unified Development Site with
rcent property owner on Terminal lsland. The developer of the project made a presentation to the
tee, which outlined the scope and preliminary direction of the project.
nd Use Committee continued the discussion on the item to the April 9, 2014 meeting, in order for the
itration to meet with representatives of the United State Coast Guard (USCG), as well as the project
er.
19, 2014, the Committee discussed the item again and voted to move forward with drafting a Development
ent and Term Sheet, including all proffered safeguards.
9,2014, the Land Use Committee reviewed the draft 'Term Sheet'.
ter, on July 23, 2014, the City Commission referred the matter to the Finance and Citywide Projects
tee for further analysis.
, 30, 2014, that Committee recommended that the term sheet "be further reviewed in the areas of the
al, legal to sign off with additional term of unanimous consent, no assignment of project to another
er, parking needs, cost of project and new specifications of the building with no special events added to the
hensive Development Agreement." Finally, the Committee moved the item to the City Commission.
ninistration recommends that the Mayor and City Commission adopt the Resolution
)ity of Miami Beach, approving a Term Sheet outlining material terms so that a Florida Statute' 163 Development Agreement may be prepared between the City and Miami Beach Port, LLC
("MBP"
Finance and Citywide Projects Committee
Financial Information:
Source of Amount AccounUFunding
1
2
3
Total
Financial !mpact Summary: N/A
Clerk's Office
Joe Jimenez
-Offs:
Department Director Assistant City Manager Gity Manager
JMJ (T ,/,
JLM flfl\
J
AGENDA,T.* 87JE MIAMIBEACH alrre f -to'l Lf618
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
t,
To: Mayor Philip Levine and Members pf the CityiCommission
l!
FRoM: Jimmy L. Morales, City Manager ,J, ".--- {"--;*-\*--
\r\
DATE: September 10,2014 I
i
SUBJECT: A RESOLUTION OF THE TT,|AVCiN AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, APPROVING A TERM SHEET OUTLINING MATERIAL TERMS SO
THAT A FLORIDA STATUTE CHAPTER 163 DEVELOPMENT AGREEMENT MAY
BE PREPARED BETWEEN THE GITY AND MtAMt BEACH PORT, LLC ("MBP")
FOR THE REDEVELOPMENT OF THE MBP PARCEL LOGATED AT 120
MACARTHUR CAUSEWAY (THE "MBP PARCEL") AND THE CITY PARCEL,
LOCATED AT 140 MAGARTHUR CAUSEWAY (THE "C|TY PARGEL") UNDER A
UNIFIED DEVELOPMENT PROJEGT; WHICH AGREEMENT WILL INCLUDE (I) A
NEW 2O+/. STORY TOWER FOR 60 +/. RESIDENTIAL UNITS (THE "TOWER''),
ABOVE RELATED RESIDENTIAL AMENITIES, PARKING, AND THE CREATION
oF A DEEP-WATER LARGE-YACHT MARTNA (THE "MBP FAGILITIES"), (ll) THE
RECONSTRUCTION AND EXPANSION OF THE EXISTING CITY-OWNED
FACILITIES YARD AND OFFICES, INCLUDING APPROXIMATELY 40,600
SQUARE FEET OF ADMINISTRATIVE OFFICES, SERVICE BAYS, VEHICLE
MAINTENANCE AND WAREHOUSING FACILITIES AND OTHER RELATED
FActLtTtES FOR CtTy OPERATTONS (THE "C!TY FACILITIES"), (lll) 240+/-
PARKTNG SPACES (APPROXTMATELY 75 SURFACE SPACES ON THE Grry
PARCEL AND 50 DESTGNATED COVERED SPACES ON THE MBP PARCEL)
FOR THE GlrY',S SOLE, PERMANENT AND EXCLUSIVE USE (THE "CITY
PARKING SPACES"); and (lV) PAYMENT OF FAIR MARKET VALUE (FAR) TO
THE CITY FOR THE USE OF THE FAR FROM CITY'S PARCEL TOWARDS MPB
PARCEL DEVELOPMENT; WHICH AGREEMENT SHALL BE CONSISTENT WITH
THE PROPOSED TERMS OF THIS RESOLUTION AND ANY AND CONDITIONS
IMPOSED BY THE CITY COMMISSION
BACKGROUND
On February 19, 2014, the Land Use Committee discussed a proposal to create a Unified
Development Site with an adjacent property owner on Terminal lsland. The developer of the
project made a presentation to the Committee, which outlined the scope and preliminary
direction of the project. The proposal would combine the City owned property with the site to the
immediate west (container yard) in order to accommodate a luxury residential project. A new,
advanced, City vehicle maintenance facility would remain on Terminal lsland, and would be
located at the flrst level of the proposed project, below the residential structure. The Developer
would construct a residential tower on its property using approximately 50,000 square feet of
Floor Area Ratio (FAR) purchased from the City. No private development is proposed on the
City property.
As part of the overall discussion on February 19, a number of issues and concerns were raised
619
Commission Memorandum
Terminal lsland
September 10, 2014 Page 2 of 3
by both Land Use Committee Members, as well as members of the public. The following is a
summary of the issues raised:
o The impact of the project on the Coast Guard station, as well as whether the Coast
Guard was supportive;o The impact on the site lines of the existing residential towers along Alton Road, south of
Fifth Street;. Concerns regarding future City needs and expansion requirements on Terminal lsland,
including continuing and future advances in technology as it relates to the types of
vehicles used by the City, as well as the manner in which they are serviced;o The accessory uses proposed and envisioned for the residential project;. The need to address the overall FAR requirements for both the City facility and the
proposed residential project.
The Land Use Committee continued the discussion on the item to the April 9,2014 meeting, in
order for the Administration to meet with representatives of the United State Coast Guard
(USCG), as well as the project developer. Additionally, more public comment and input was
sought and provided, particularly as it pertains to the actual size of the project, and future
accessory uses.
On April 9, 2014, the Committee discussed the item again and voted to move forward with
drafting a Development Agreement and Term Sheet, including all proffered safeguards. The City
Attorney and the Administration were directed to place the item on a future Land Use
Committee agenda when the draft Term Sheet was ready and that the draft Term Sheet shall be
made available for public review at least 3 weeks prior to the Land Use Committee meeting.
On July 9,2014, the Land Use Committee reviewed the draft'Term Sheet' and recommended
the following:
1. Approval of the proposed 'Term Sheet' and moving forward with the drafting of a
Development Agreement;
2. ln order to expedite the timeframe for completing the Development Agreement, the
City's Outside Counsel should be subsidized by the developer;
3. Additional public notice for future hearings, beyond that mandated by State or City
law, shall be provided;
4. Recommended a referral to the Planning Board for all required Code and
Comprehensive Plan amendments.
Additional financial information, including a completed appraisal, shall be required before the
Development Agreement can be completed. Also, the Development Agreement will need to
include language prohibiting destination type restaurants and alcoholic beverage
establishments, including entertainment establishments, as well as provisions for future
condominium docs that clearly outline the industrial uses to be developed at the first level of the
project.
Finally, a number of Ordinance Amendments, including amendments to the 1-1 zoning
regulations to permit residential uses, an increase the allowable height, potential amendments
to the Parking Ordinance, as well as amendments to the Comprehensive Plan, will be needed in
order to accommodate the development proposal.
620
Commission Memorandum
Terminal lsland
September 10, 2014 Page 3 of 3
Thereafter, on July 23, 2014, the City Commission referred the matter to the Finance and
Citywide Projects Committee for further analysis.
On July 30,2014, that Committee recommended that the term sheet "be further reviewed in the
areas of the appraisal, legal to sign off with additional term of unanimous consent, no
assignment of project to another developer, parking needs, cost of project and new
specifications of the building with no special events added to the comprehensive Development
Agreement." Finally, the Committee moved the item to the City Commission.
Subsequent to the Finance Committee meeting, the City received the attached appraisalvaluing
the FAR at nine million, two hundred and fifty thousand dollars ($185.00 per square foot).
After continued negotiation between the Developer and the City, the Developer has proposed a
modification of the Term Sheet which would provide the City with 240 parking spaces as
requested by the Fleet Management Division. Ninety five spaces would be on City property and
one hundred and forty five spaces would be on the Developers property. Such a plan has been
approved by the Fleet Management Division. This is an increase from the fifty spaces on the
Developer's property as previously proposed.
ANALYSIS
The proposed development will reduce the congestion on the MacArthur Causeway by
eliminating the container yard currently on the Developer's site. lt is estimated that the
container yard is responsible for approximately fifty thousand truck trips per year. Additionally,
the proposed project will provide an increase to the ad valorem tax collections for the property
by replacing an industrial use with approximately sixty residential luxury units. Finally, the
proposed project enables the City to redevelop an antiquated an inefficient facility necessary to
the City's operation in both Fleet Management and Sanitation services.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution
of the City of Miami Beach, approving a Term Sheet outlining material terms so that a
Florida Statute Chapter 163 Development Agreement may be prepared between the City
and Miami Beach Port, LLC ("MBP").
//l,Yl
tl,ttitt{t I
t
T:\AGENDA\201 4\SeptembeATerminal lsland Development Project Memo.docx
621
1.
2.
Terminal Island Development Agreement
Term Sheet
Parties. The City of Miami Beach ("City") and Miami Beach Port, LLC ("MBP") intend to
enter into a F.S. Ch. 163 development agreement (the "Development Agreement") for the
joint redevelopment of the "Property".
Property Subject to Development Aereement.
a. MBP is owner of that certain parcel of land located at 120 MacArthur Causeway,
Miami Beach, Florida (Folio #02-4204-000-0060), which is approximately 3.71 acres
(161,716 Sq. Ft.) (the "MBP Parcel").
b. City is owner of that certain parcel of land located at 140 MacArthur Causeway,
Miami Beach, Florida (Folio #02-4204-000-0010), which is approximately 2.16 acres
(94,090 Sq. Ft.) (the "City Parcel", which collectively with the MBP Parcel is the
"Property").
3. Scope ofProject.
a. City and MBP intend to enter into the Development Agreement for the redevelopment
of the MBP Parcel and City Parcel to include (i) a new 20+l- story tower for 60 +/-
residential units (the "Tower"), above related residential amenities, parking, and the
creation of a deep-water large-yacht marina, consistent with the Conceptual Plan
prepared by Foster * Partners, dated May 9, 2014 (the "MBP Facilities"), (ii) the
reconstruction and expansion of the existing City-owned facilities yard and offices,
including approximately 40,600 square feet of administrative offices, service bays,
vehicle maintenance and warehousing facilities and other related facilities for City
operations (the "City Facilities"), and (iii) 240+l- parking spaces (approximately 95
surface spaces (including tandem, mechanical) on the City Parcel and 145 designated
covered spaces on the MBP parcel) for the City's sole, permanent and exclusive use
(the "City Parking Spaces"). The MBP Facilities, City Facilities and City Parking
Spaces (collectively referred to as the "Project") will be designed, permitted and
constructed by MBP.
b. The MBP Facilities will include ancillary support facilities typically associated with
multifamily residential and marina, but with the following limitations, which shall be
memorialized as covenants running with the land in the Declaration (or Declarations,
in the event that there is more than one) of Condominium for the MBP Facilities:
i. any restaurant located within the MBP Facilities shall be limited to 1.25 seats
per unit and open only to Tower residents and their guests.
622
any snack bar, coffee house, sundry shop, or food market (or combination)
located within the MBP Facilities as an accessory to the marina shall be
limited to employees, Tower residents, marina tenants and their guests.
neither the MBP Facilities nor the Project shall include any dance halls,
entertainment establishments, neighborhood impact establishments, outdoor
entertainment establishments, or open air entertainment establishments, as
defined in the City's Land Development Regulations.
iv. The establishments listed in subsection iii above shall not request special
event permits from the City.
4. Key Terms & Provisions.
The Property, in total 5.87 acres (255,806 Sq. Ft.), will be a unified development site,
joined together under a covenant in lieu of unity of title entered into by City and
MBP. Based on the existing Floor Area Ratio (FAR) of 1.0, the Property is permitted
to be developed up to a maximum of 255,806 square feet of total Floor Area, as
defined in Chapter 114, of the City's Land Development Regulations.
The intention is that the Property may be expanded to potentially include other
adjacent property on Terminal Island owned by private parties (each a "Third Party")
upon agreement by MBP, City and said Third Party.
MBP will design and construct all improvements on the Property, including the City
Facilities and City Parking Spaces provided, however, that the City shall have review
over, and final approval of, the design and construction plans and specifications for
the City Facilities to ensure that each is designed to meet the City's needs and
construction standards
MBP shall bear the cost for design and construction of the physical improvements
associated with MBP's deep water marina, and shall extend such construction
standards solely for the physical improvements along the City's waterfront property.
The City shall retain ownership and control of that portion of the seawall built along
the City's property and may enter into agreements with third parties for use of the
City's portion; provided, however, that should the City enter into an agreement with a
non-goverrmental third party for all or any of its portion of the its waterfront property
(including without limitation any associated boat slips), the City shall provide MBP
the right of first refusal in leasing said portion.
The estimated floor area required for the City Facilities is 40,600 Sq. Ft. The City
will retain an additional 5,000 Sq. Ft. for future potential development requirements.
The City will transfer to MBP approximately 50,000 Sq. Ft. of unused Floor Area
(the "Unused City Floor Area") from the City Parcel, to be incorporated by MBP
toward the construction of the Tower, including residential components and other
related residential amenities (the "FAR Transfer").
Allocation of costs.
11.
111 "
a.
b.
d.
623
MBP will be responsible for payment to City for the Unused City Floor
Area, in an amount to be negotiated between City and MBP but which
shall be no less than the fair market value of the Unused City Floor Area.
City and MBP will establish a mutually acceptable methodology to
determine the fair market value of the Unused City Floor Area.
City will be responsible for payment to MBP for the cost of design,
permitting, and construction of the City Facilities, except for the City
Parking Spaces, which shall be paid for in accordance with subsection (iii)
below. City and MBP will establish estimated construction costs, in an
amount to be determined based on mutually acceptable construction cost
estimates.
Upon issuance of a Certificate of Occupancy, there will be an accounting
of the final construction costs for the City Facilities and the Additional
City Spaces (if any) and the value of the Unused City Floor Area to
determine the amount actually owed. In the event that the final amount
negotiated between the City and MBP for the value of the unused City
Floor Area exceeds the final construction costs for the City Facilities and
Additional City Spaces (if any), then MBP shall promptly pay City the
difference.
g. Concurrent with or prior to the execution of the Development Agreement, City will
take all reasonable measures to process and adopt amendments to the I-1 District,
Land Development Regulations, and to the Comprehensive Plan (collectively, the
"City Amendments") to allow for residential uses and accessory uses on Terminal
Island, and to establish appropriate parking requirements; provided, however, that
MBP agrees and acknowledges that any such City Amendments are subject to, and
conditioned upon, approval by the Mayor and City Commission, at its sole and
reasonable discretion.
h. MBP and City will work cooperatively to seek approval of the design and
development of the Project. MBP will be responsible for submitting any required
applications for development approvals, with City as co-applicant, for the Project (i.e.
Design Review Board, Planning Board, Board of Adjustment) prior to issuance of
building permits for the Project; provided however, that MBP agrees and
acknowledges that any such development approvals are subject to, and conditioned
upon, approval by applicable development boards, in their sole and reasonable
discretion.
MBP shall record, in the public records of Miami-Dade County, against the MBP
Parcel, a declaration of restrictive covenants confirming that any and all owners,
tenants, agents, etc., of the property shall affirmatively waive any objection to the I-1
zoning designation of the City Parcel, and to the City's use of the City Facilities
and/or the City Parcel, 24 hours a day, seven days a week, for the intended use(s) in
t1.
624
J.
paragraph 3a., hereof. Written notice shall be provided by MBP, and its successors
and assigns (including, without limitation any condominium or master associations),
to all prospective owners and tenants and placed in all purchase and sale agreements,
leases, etc.
MBP shall pay for attorney's fees incurred by the City for outside counsel's (which
counsel shall be selected and approved by the City Attorney) review and negotiation
of the development agreement, and related agreements, not to exceed reasonable
amounts, as mutually agreed upon by the Parties.
Any effort to rezone the I-1 zone Property to remove from the list of permitted uses
any of the currently permitted uses or to rezone the Property to another zoning
designation shall require a unanimous vote of the City Commission. This provision
will survive the Development Agreement.
MBP shall not be entitled to assign or transfer its rights under the Development
Agreement until after the issuance of a certificate of occupancy (CO) without
obtaining prior written approval of the Mayor and City Commission.
k.
l.
625
SLACKJOHNSTONMAGENHEIMER
REAL E5TATE APPRAISERS & CoNSULTAI.ITS
7245 S.W. aTTHA\IENUE, SUTTEBOO
MrAMr, Flonroe 33179
APPRAISAL OF REAL PROPERry
LaNo LocareD oN Tenrrarrq^at IstlNo
I 40 MncAnruun C^a.usewAy
M Ilrra I B EA.c tt, M Ierra I-DADE CouNtv, Ft.ont ol
AppRa.rsa.L Reponr
SJM Frle: 14g.74
PREPARED FOR
Mn. Eruc C^I.npeNTER
Puetrc Wonxs DrRecron
Crry or Mnrvu Bga.cH
ITOO ColveruTroN Cerqren Dnve
Mnur BE^a.cu, Ftonrpa. 3A 139
626
SLACKJOHNSTONMAGENHEIMER
FIEAL ESTATE A,FPRAtSERS & CONSULYAN'S
ANDREW H. MAGENHEIMER, MAI
cffiT. GEN- RZI O73
THEoDoREW. SLACK, MAI(902" 1992)
THEoDoRE C. SLACK, MAI
(RtrrRED)
SUE BARRETT Sr-AcK, MAI
(RETTRED)
August 20,2014
Mr. Eric Carpenter
Public Works Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: Appraisal of Real Property - Land
140 MacArthur Causeway, Miami
SJM File: 14074
located on Terminal Island
Beach, Miami-Dade County, Florida
Dear Mr. Carpenter:
At your request, we have prepared an appraisal report of the above referenced property as
of August I,2014, the date of valuation and visit to the property. The pu{pose of the
appraisal is to estimate the market value of development rights that could be transferred
to an adjacent parcel. As will be discussed, the valuation is based on several hypothetical
conditions concerning changes in land use, zoning and comprehensive plan amendments
to permit multifamily residential development on waterfront industrial parcels.
The subject property consists of a parcel of land located at 140 MacArthur Causeway in
the City of Miami Beach, Miami-Dade County, Florida. It consists of the City of Miami
Beach Fleet and Sanitation facility. Based on the survey provided, the irregularly shaped
site contains approximately 2.16 acres (94,090 square feet). The site has a mid-block
location, has water frontage and is currently zoned "PF" (Public Facility- Governmental
Use) due to its existing use. It is our understanding the subject property would be zoned
"I-1" (Light Industrial District) if privately owned. The subject property is currently
improved with several industrial buildings and related site improvements. As only the
development rights are being valued based on the proposed multifamily zoning and
comprehensive plan changes, no consideration has been given to the existing
improvements on the subject property.
The City of Miami Beach is considering selling a portion of the subject's development
rights (approximately 50,000 square feet of floor area) to the adjacent property owner to
the east for expansion of their proposed residential condominium project. The subject
property is being valued based on the hypothetical condition the land use and zoning
classifications of the subject property have been changed to permit multifamily
residential development.
SLACK, JOHNSTON & MAGENHEIMER, INc.
7245 S,W.87rH AVENUE, SurrE 3OO, MrAMr, FLoRTDA 33173
TELEPHoNE (3O5) 670-2I I I . EMAIL: SJMIAMI@AOL.COM
627
Mr. Eric Carpenter
August 20,2014
Page Two
The City of Miami Beach is considering modifying their land use, zoning and
comprehensive master plan to allow multifamily residential development within
waterfront industrial districts. Terminal Island is the only land within the City of Miami
Beach that has waterfront, industrial uses. The parcel of land adjacent to the east of the
subject property is planned for a 20-story, 60-unit residential condominium project if the
land use, zoning and comprehensive master plan modifications are approved. The
adjacent property owner is considering purchasing additional development rights based
on floor area from the subject property to increase the size of their proposed
development.
According to information provided, under the proposed land use, zoning and
comprehensive plan changes, multifamily residential uses will be permitted on waterfront
industrial parcels. The allowable building height for waterfront residential sites will be
250 feet, or 25-stories. The floor area ratio will remain at 1.00 and the density will be 60
units per acre. The development rights that the City of Miami Beach is considering to
transfer to the adjacent property are to consist of a maximum floor area of approximately
50,000 square feet. It was noted that the proposed zoning and land use classifications are
proposed to permit accessory uses to the primary use such as commercial, restaurants,
etc. The restaurant use is proposed to be limited to residents and guests at no more than
1.25 seats per unit.
The appraisal report states our opinion of market value, subject to various assumptions
and limiting conditions contained in this appraisal report. The site visit and analyses that
form the basis of our valuation have been performed by the undersigned. The appraisal
has been prepared in accordance with the Uniform Standards of Professional Appraisal
Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal
Foundation.
Based on our investigation and analysis, we have formed the opinion that the market
value of the development rights to be transferred from the subject property (i.e. 50,000
square feet of floor area) to the adjacent property to the east, based on the hypothetical
condition that the land use designation and zoning classification of the subject property
have been changed from government use to multifamily residential use, as of August 1,
2014, was as follows:
NINE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS
($9,250,000).
628
Mr. Eric Carpenter
August 20,2014
Page Three
The following report contains the results of our investigations and the explanation of the
approaches to value.
Respectfully submitted,
SLACK, JOHNSTON & MAGENHEIMER, INC.
Andrew H. Magenheimer, MAI
Cert. Gen. RZl073
629
TABLE OF CONTENTS
SUMMARY OF SALIENT FACTS AND CONCLUSIONS .......... 1
AERIALPHOTOGRAPHOFTHESUBJECTPROPERTY.............. .............3
CERTIFICATION ,........4
ASSUMPTIONS AND LIMITING CONDITIONS............... .......... 5
IDENTIFICATION OF THE PROPERTY.............. ........8
LEGAL DESCRrPTrON.......... ....................... 8
owNERSHrp AND HISTORY OF THE PROPERTY............. .......................8
PURPOSE, INTENDED USE AND DATE OF THE APPRAISAL..................................9
SCOPE OF THE APPRAISAL........,.. ............ 9
DEFINITION OF VALUE AND INTEREST APPRAISED........... ............... 11
EXPOSURE AND MARKETING TIME .....12
REGTONAL ANALYSIS........... ................... 13
NETGHBORHOOD ANALYSrS............... .................... 13
DESCRIPTION OF THE SITE ....19
DESCRIPTION OF THE IMPROVEMENTS.... .....,....,23
REAL ESTATE TAX ANALYSrS............... .................26
LAND USE.......... ........27zoNrNG. .....................28
TRANSFER OF DEVELOPMENT RIGHTS... ............. 31
VALUATTON PROCESS .......... ...................35
SALES COMPARISON APPROACH .........36
RECONCILIATIONANDFINALVALUEESTIMATE.............. ................47
ADDENDA ............. .....................48
ADDENDTIM A - MIAMI-DADE COUNTY REGIONAL ANALYSIS.......................49
ADDENDUM B _ PHOTOGRAPHS OF THE SUBJECT PROPERTY.........................68
ADDENDUM C - COMPARABLE LAND SALES .,,..................72
ADDENDUM D - TRANSFER OF DEVELOPMENT RIGHTS ORDINANCE...........88
ADDENDUM E - I-1 ZONING CODE .............. ..........93
ADDENDUM F _ TERMINAL ISLAND EXISTING AND CONCEPTUAL PLANS..97
ADDENDUM G - QUALTFTCATTONS OF THE APPRArSER............ ...... 108
630
SUMMARY OF SALIENT FACTS AND CONCLUSIONS
Property Appraised:
Property Type:
Folio Number:
2014 Real Estate Tax Assessment:
Land Assessment
Improvement Assessment
Total Assessment
Exemption
Taxable Value
2013 Real Estate Taxes:
Census Tract:
Ownership:
Purpose of the Appraisal:
Interest Appraised:
Land Area:
Land Use:
City of Miami Beach Fleet and Sanitation Facility
140 MacArthur Causeway
Miami Beach, Miami-Dade County, Florida.
The multifamily development rights to be allocated to
the subject property through land use, zoning and
comprehensive plan amendment changes.
02-4204-000-0010
$4,692,739
$ 1.43 1 .663
s6,124,402
$6.r24.402
$0
$0 (Exempt)
e810 (2010)
City of Miami Beach
Miami Beach City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Estimate of market value of the proposed multifamily
development rights to be transferred from the subject
properly to the adjacent property to the east.
Fee Simple Estate
2.16 Acres
94,090 Square Feet
'6PF" (Public Facility- Governmental Uses), if
privately owned it would have a land use designation
of "Urban Light Industrial".
631
Zoning:
Highest and Best Use: r
Date of Valuation:
Date of Report:
Final Value Estimate:
6(PF" (Public Facility, Governmental), if privately
owned it would have a zoning classification of "I-1"
(Light Industrial District).
Multifamily development based on the hypothetical
condition that the existing waterfront industrial land
use and zoning of the subject property have been
changed to permit multifamily residential use.
August 1,2014
August 20,2014
$9,250,000 - subject's multifamily development rights
(i.e. 50,000 square feet of floor area), which is based
on the hypothetical condition that the land use and
zoning of the subject property have been changed to
multifamily residential use.
632
AERIAL PHOTOGRAPH OF THE SUBJECT PROPERTY
S:r:l:l:+ffiiq
fr,r'1f, Ar:ri,:l Fhntngraph'.1 ffi-^........''.-.-
Note: Not to scale for illustrational purposes only.
Source: Miami-Dade County Property Appraiser's Office.
greK
JOHN$TONMAGENHEIMER
633
CERTIFICATION
We cerlify that, to the best of our knowledge and belief, ...
we have no present or prospective interest in the properties
no personal interest with respect to the parties involved.
we have no bias with respect to the properties that are the
involved with this assignment.
the statements of fact contained in this report are true and correct.
the reported analyses, opinions, and conclusions are limited only by the reported assumptions and
limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions,
and conclusions.
that are the subject ofthis report and
subject ofthis report or to the parties
our engagement in this assignment was not contingent upon developing or reporting
predetermined results.
our compensation for completing this assignment is not contingent upon the development or
reporting of a predetermined value or direction in value that favors the cause of the client, the
amount of the value opinion, the attainment of a stipulated result, or the occurrence of a
subsequent event directly related to the intended use ofthis appraisal.
the reported analyses, opinions, and conclusions were developed, and this report has been
prepared, in conformity with the requirements of the Code of Professional Ethics and Standards
of Professional Appraisal Practice of the Appraisal Institute, which include the Uniform
Standards of Professional Appraisal Practice (USPAP).
the undersigned has made a visit to the properly that is the subject of this report.
Marta Flores, Cerr. Gen. RZl861, provided significant real property appraisal assistance to the person
signing this certifi cation.
the use of this report is subject to the requirements of the Appraisal Institute relating to review by
its duly authorized representatives.
we have not performed any services regarding the subject property within the prior three years.
as of the date of this report, Andrew H. Magenheimer, has completed the continuing education
program of the Appraisal Institute.
SLACK, JOHNSTON & MAGENHEIMER, INC.
Andrew H. Magenheimer, MAI
Cert. Gen. R21073
4
SLACKJOHNSTONMI\GENHEIMER
634
2.
ASSUMPTIONS AND LIMITING CONDITIONS
The appraisal is subject to the following assumptions and limiting conditions:
1. No responsibility is assumed for the legal description or for matters including legal
or title considerations. Title to the property is assumed to be good and marketable
unless otherwise stated.
No legal opinion related to a title search was provided and all existing liens and
encumbrances, including deed restrictions and developers agreements, have not
been investigated unless otherwise stated. The property is appraised as though
free and clear.
Responsible ownership and competent property management are assumed.
The information furnished by others has been gathered from sources deemed to be
reliable, however, no warranty is given for its accuracy.
All engineering and surveying is assumed to be correct. Any sketches, plats, or
drawings included in this report are included to assist the reader in visualizing the
property. We have made no survey of the property, and assume no responsibility
in connection with such matters.
It is assumed that there are no hidden or inapparent conditions of the property,
subsoil, or structures that render it more or less valuable. No responsibility is
assumed for unusual soil conditions and no opinion as to these matters is to be
inferred or construed from the attached report other than those specifically stated
in the report. Unless stated otherwise, the soil conditions of the subject property
are assumed to be adequate to support development utilizing conventional
construction techniques. We recommend the client obtain an opinion from a
competent engineering firm.
It is assumed that there is full compliance with all applicable federal, state, and
local environmental regulations and laws unless noncompliance is stated, defined,
and considered in the appraisal report.
It is assumed that all applicable zoning and use regulations and restrictions have
been cornplied with, unless a nonconformity has been stated, defined, and
considered in the appraisal report.
1
-)-
4.
5.
6.
7.
8.
635
10.
11.
T2,
13.
t4.
15.
t6.
9. It is assumed that all required licenses, certificates of occupancy, consents, or
other legislative or administrative authority from any local, state, or national
government or private entity or organization have been or can be obtained or
renewed for any use on which the value estimate contained in this report is based.
It is assumed that the utilization of the land and improvements is within the
boundaries or property lines of the property described and that there is no
encroachment or trespass unless noted in the report.
Any proposed or partially completed improvements included in this report are
assumed to be completed in accordance with approved plans and specifications
and in a workmanlike manner.
Our estimates of future values were formulated based upon market conditions as
of the date of appraisal, considerate of future projections concerning supply and
demand. The appraiser has no responsibility for significant events that alter
market conditions subsequent to the effective date or dates of appraisal.
This study is to be used in whole and not in part. No part of it shall be used in
conjunction with any other appraisal. Publication of this report or any portion
thereof without the written consent of the appraiser is not permitted.
The appraiser, by reason of this report, is not required to give further consultation,
testimony, or be in attendance in court with reference to the property in question
unless arangements have been previously made.
Neither all, nor any part of the contents of this report (especially any conclusions
as to value, the identity of the appraiser, or the firm with which the appraiser is
connected), shall be disseminated to the public through advertising, public
relations, news, sales, or other media without the written consent and approval of
the appraiser. The use of this report in any public offering or syndication
document is specifically prohibited.
Unless otherwise stated in this report, the existence of hazardous substances,
including without limitation asbestos, polychlorinated biphenyls, petroleum
leakage, or agricultural chemicals, which may or may not be present on the
property, or other environmental conditions, were not called to the attention of,
nor did the appraiser become aware of such during the appraiser's inspection. The
appraiser has no knowledge of the existence of such materials on or in the property
unless otherwise stated. The appraiser, however, is not qualified to test such
substances or conditions. If the presence of such substances, such as asbestos,
urea formaldehyde foam insulation, or other hazardous substances or
environmental conditions, frdy affect the value of the property, the value
636
t7.
estimated is predicated on the assumption that there is no such condition on or ln
the property or in such proximity thereto that it would cause a loss in value. No
responsibility is assumed for any such conditions, nor for any expertise or
engineering knowledge required to discover them. It is recommended that the
client retain an expert in this field, if needed.
Disclosure of the contents of this report by the appraiser is controlled by the
Appraisal Institute of which one or more signatures of this report is an MAI
member and by the Florida Department of Professional Regulation, Division of
Appraisal State Certification. The analysis and value conclusions, as well as non-
public information about the subject properfy, are confidential matters and cannot
be divulged to any persons other than the party for whom the report is prepared.
Exceptions to this confidentiality provision are requests by committees of the
Appraisal Institute or the Florida Department of Professional Regulations for peer
review, and subpoenas by any court having jurisdiction to request production of
the report.
Appraisal Assumptions
18. The City of Miami Beach is considering modifying their land use, zoning and
comprehensive master plan to allow multifamily residential development within
waterfront industrial districts. As noted, the subject property is being valued based
on the hypothetical condition the land use and zoning classifications of the subject
property have been changed to permit multifamily residential development. If the
proposed multifamily land use, zoning and comprehensive master plan changes
are not obtainable, the value concluded herein is subject to change.
Acceptance or use of this report constitutes acceptance of the preceding conditions.
5re8JOHN$YONMAGENHEIMER
637
IDENTIFICATION OF THE PROPERTY
The subject property consists of a parcel of land located at I40 MacArthur Causeway in
the City of Miami Beach, Miami-Dade County, Florida. It consists of the City of Miami
Beach Fleet and Sanitation facility. Based on the survey provided, the irregularly shaped
site contains approximately 2.16 acres (94,090 square feet). The site has a mid-block
location, has water frontage and is currently zoned "PF" (Public Facility- Governmental
Use) due to its existing use. It is our understanding the subject property would be zoned
"I-1" (Light Industrial District) if privately owned. The subject property is currently
improved with several industrial buildings and related site improvements. As only a
portion of the development rights (50,000 square feet of floor area) are being valued
based on the proposed multifamily zontng and comprehensive plan changes, no
consideration has been given to the existing improvements on the subject property.
LEGAL DESCRIPTION
The following legal description was taken from the survey prepared by Zurwelle-
Whittaker, Inc., consulting engineers and surveyors, dated May 28,I976. It is noted that
the subject property is delineated as Parcel C on this survey.
:_-CIlT.tII_TRAe?-ngSCRIBUD As ITOLLOI'iS - i'olv!l!li:'ICINC AT A POrNT rllHIal IS 1580''; OF 3,
?91!-:_w_9I_TryE s i. con cp sEC':roN ! T'dp 5rr.1 RANcE r{2 E pARrrcuLARLy::iriltsr ni airuri1I Ill-E-:r{..r!RsE(]Tinls 0}' ?HE cI}rTER LINi tF f}i*: n0Anid"ey sF THE anr*rilnl cOUllii .clusij*ii
VIADUCT: T THE T'ACii OP TIIE 1-' BRIDOE ABUTI4!]}:T - NIJ}: S 67 DECNERS 5 :4INIITES W rXNX:I.RUti s'31 DEGREES x3 MTNUTES E A Drs?Ar-rcE ar 6q.75, TltEltcE nuiv iri I soii,iriwrsiilii"pIl-E.qIg.I l!o!g_rq_E sourHEnly BoutrDARy or rHE couxry cnusrwny ai3.y; :o-Tr{E-pijil,rr op
PE?I{tq{S.S,f 'r}iE fRAcT 0P LAI{tr HEREII'} DESCRIBE$ . T:IENCE nUN s jr"frE*BsES q: MiNUrnsq-401.-ql a trnucit RUil s 25 ll:cREF-s 29 irrr-rr?es w 97.\6, - isellci-nfn-N-Srr oicnE;i---31" Mrttufgs:' t{ 1!0' - fHEltcE RUlt S t-5 lEnxri:i:' ?g llrxufrs trf A ili:;?A1\ictr riF 100, - t'liENCE
i"lil^.il Plg.BIE.: ir !4rNUTEs t{ ar10' - rq*rnl '. ''i ]r 25 os,inrrs ril i{:$ilrr-q F. a23.t!i'l'-*
;tit{99--!qI, { i:l qpgnE65 5l i'{INt}TEs'i{ t6}.5,1' ':'0 A P{liNr riti Tii[ sslrTi:tRly aoUr;1,*BY OFTl.lE cOUllT?-,C.Autii:1.ritY - ':llENCfi &Ut'l EAS:'gnLy ?".,rgt AIONS ?H: S0il?itfnly aOUUper.y ijr".rtincAus$lrAy ?o rr{s porNT 0F BEcI}iNrNc :,rutni:;rNo a,is aciis
OWNERSHIP AND HISTORY OF THE PROPERTY
According to the Miami-Dade County Property Appraiser's Office, ownership of the
subject property is currently held by the City of Miami Beach, Miami Beach City Hall,
1700 Convention Center Drive, Miami Beach, Florida 33139.
The current property owner acquired the subject property on October 24, 1979 (ORB
10554, Page 222). The seller in this transaction was Belcher Oil Company. The Miami-
Dade County tax rolls reflect no other ownership transfers within the past five years. The
subject property is currently not on the market for sale.
:SLACKJOHNSTONMAGENHEIMER
638
At present, the subject property is operating as the City of Miami Beach Fleet and
Sanitation facility and is improved with several industrial buildings and related site
improvements. The City of Miami Beach is considering the potential sale of a portion of
the subject's development rights (approximately 50,000 square feet of floor area) to the
adjacent property owner to the east for expansion of their proposed residential
condominium project. The subject property is being valued based on the hypothetical
condition the land use and zoning classifications of the subject property have been
changed to permit multifamily residential development. After the developments are
transferred to the adjacent site, the City of Miami Beach is proposing to redevelop the
subject property with a new fleet and sanitation facility.
PTIRPOSE, INTENDED USE AND DATE OF THE APPRAISAL
The purpose of this appraisal is to develop and report an opinion of the market value of
development rights that could be transferred to an adjacent parcel, as of August I,2014,
the effective date of the appraisal. As will be discussed, the valuation is based on several
hypothetical conditions concerning changes in land use, zoning and comprehensive plan
amendments to permit multifamily residential development on waterfront industrial
parcels. The date of the report is August 20,2014.
The client and intended user of this report is the City of Miami Beach. The intended use
of the appraisal is to assist the client in negotiating the potential sale of an interest
(development rights) in the subject property. There are no other intended users or
intended uses of this appraisal.
SCOPE OF THE APPRAISAL
The scope of this appraisal report is defined by the pu{pose, which is to estimate the
market value of development rights that could be transferred to an adjacent parcel. As
noted, the City of Miami Beach is considering the potential sale of a portion of the
subject's development rights (approximately 50,000 square feet of floor area) to the
adjacent properfy owner to the east for expansion of their proposed residential
condominium project. As will be discussed, the valuation is based on several hypothetical
conditions concerning changes in land use, zoning and comprehensive plan amendments
to permit multifamily residential development on waterfront industrial parcels.
The assignment included a visit to the subject property and surrounding neighborhood,
which was made on August l, 2014 and a review of the information provided by the
client. Subsequent to our visit, an estimation of the highest and best use, as of the date of
valuation, was made.
9
639
The highest and best use analysis considers all physically possible, legally permissible
and economically feasible uses to which the property can be put. As noted, the
development rights to be transferred from the subject property to the adjacent property
are based on several hypothetical conditions concerning changes in land use, zoning and
comprehensive plan amendments to permit multifamily residential development on
waterfront industrial parcels. For this reason, the subject's highest and best use is based
on its proposed multifamily land use and zoning designation changes.
After concluding the highest and best use, the valuation methods were considered. The
appraisal process includes three basic approaches to value. These are the income, sales
comparison, and cost approaches. The application of these approaches is determined by
the type of property being appraised, as well as the scope of the valuation assignment. In
the valuation of the subject's development rights, only the sales comparison approach
was applicable in the valuation of the subject property, based on the hypothetical
condition the land use designation and zoning classification of the subject property have
been changed from govemment use to multifamily residential use.
In the preparation of this report, a search was conducted of recent sales of vacant,
waterfront sites that are zoned for multifamily development and are located within the
subject neighborhood, and competitive areas, for purposes of comparison to the subject
property. Research for land sales extends from January, 2012 to the effective date of this
appraisal. Analysis of the selected sales included a visual inspection, reviewing the deed
and confirming sale details with one or more of the parties to the transaction, or their
representatives.
The final step in our analysis is a reconciliation of the appraisal methods used. The
quantity and quality of the data used, and the reliability of their value indications, are the
basis for the final conclusion of value.
t0
640
DEFINITION OF VALUE AND INTEREST APPRAISED
The Uniform Standards of Professional Appraisal Practice (USPAP 2014-2015) defines
Market Value as "a type of value, stated as an opinion, that presumes the transfer of a
property (i.e. a right of ownership or a bundle of rights), as of a certain date, under
specific conditions set forth in the definition of the term identified by the appraiser as
applicable in an appraisal."
We have relied on the definition of Market Value as "the most probable price which a
property should bring in a competitive and open market under all conditions requisite to a
fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the
price is not affected by undue stimulus. Implicit in this definition are the consummation
of a sale as of a specified date and the passing of title from seller to buyer under
conditions whereby:
1. buyer and seller are typically motivated;
2. both parties are well informed or well advised, and acting in what they consider
their own best interests;
3. a reasonable time is allowed for exposure in the open market;
4. payment is made in terms of cash in United States dollars or in terms of financial
affangements comparable thereto; and
5. the price represents the normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated
with the sale."
(Federal Register 77472, Volume 75, No. 237,December 10, 2010).
Other pertinent definitions from the Dictionary of Real Estate Appraisal, Fifth Edition, as
follows:
Fee Simple Estate is the "absolute ownership unencumbered by any other interest or
estate, subject only to the limitations imposed by the governmental powers of taxation,
eminent domain, police power, and escheat."
Hypothetical Condition is "that which is contrary to what exists but is supposed for the
purpose of analysis. Hypothetical conditions assume conditions contrary to known facts
about physical, legal or economic characteristics of the subject property; or about
conditions external to the property, such as market conditions or trends; or about the
integrity of data used in an analysis. "
Transferrable Development Rights (TDRs) is "a development right that cannot be used
by the landowner, or that the owner chooses not to use, but can be sold to landowners in
another location. TDRs are said to be transferred from a landowner in a sending district to
the use of a landowner in a receiving district."
SLACKJOHNSTONMAGENHEIMER
l1
641
Exposure Time is "the estimated length of time to property interest being appraised
would have been offered in the market prior to the hypothetical consummation of a sale
at market value on the effective date of the appraisal."
Marketing Time is "an opinion of the amount of time it might take to sell a real or
personal property interest at the concluded market value level during the period
immediately after the effective date of the appraisals."
EXPOST]RE AND MARI(ETING TIME
Exposure and marketing times are the typical periods of time necessary to expose and
actively market the subject property on the open market to achieve a sale at a price
consistent with the market value estimate and on terms consistent with the definition of
market value recited herein. The length of time is a function of several factors including
price, terms, investment quality and exposure to a given market. Exposure time is the
hypothetical period immediately preceding the effective date of the appraisal and
marketing time is the period immediately after the effective date of the appraisal.
A review of current market activity for multifamily and mixed-use zoned lands located
within Miami-Dade County, as well as conversations with brokers active within the
Miami Beach submarket, was performed in order to estimate an exposure time for the
subject property. Most brokers indicated that exposure/marketing times are typically less
than one year, if the property is priced realistically.
Based on the marketing periods reflected by the sales presented in this report, a typical
exposure period for the subject property was estimated to be up to 12 months. We have
further estimated a marketing time of up to 12 months.
t2
642
REGIONAL ANALYSIS
The subject properfy is located within the City of Miami Beach in Miami-Dade County.
A regional analysis of Miami-Dade County is included in the addenda.
NEIGHBORIIOOD ANALYSIS
The subject property is located at 140 MacArthur Causeway within the east/central
section of Miami-Dade County, within the City of Miami Beach. The subject property is
located about 2.75 miles east of the Central Business District of Miami and 7.50 miles
southeast of the Miami International Airport.
The City of Miami Beach was incorporated on March 26, I9I5. It is an island which is
approximately 1.0 mile wide and comprises a land area of 7.1 square miles. The City is
bounded on the north by the City of Surfside, which begins at approximately 87ft Street.
The southem boundary of Miami Beach is Government Cut, which is the ship channel
extending from the Atlantic Ocean to the Port of Miami. The western boundary is
Biscayne Bay/Intracoastal Waterway and the eastern boundary is the Atlantic Ocean.
Access to Miami Beach, from the mainland, is provided by four causeways. The
northernmost causeway is located, at79rh Street on the mainland, and is known as the
North Bay Causeway. At about 36th Street is the Julia Tuttle Causeway or Interstate 195.
The Venetian Causeway reaches Miami Beach at approximately 17th Street. The
MacArthur Causeway (Interstate 395) enters Miami Beach at 5th Street. The MacArthur
Causeway extends west to downtown Miami and also intersects with Interstate95, which
is the major north/south artery of the Florida eastern coast. Continuing fuither west, this
causeway is known as the Dolphin Expressway (State Road 836), which provides direct
access to Miami International Airport and the Florida Turnpike. The subject property has
access from the MacArthur Causeway, which is a six-lane, median divided road/bridge.
The subject property is located on Terminal Island, which is located on the south side of
the MacArthur Causeway. Uses on Terminal Island include a small, privately owned
cargo facility (Newgard Container Processing Terminal), the City of Miami Beach's
maintenance yard (subject property), a Florida Power & Light substation, and the Fisher
Island car ferry station and the Fisher Island parking and service facility. The privately
owned cargo/shipping facility was acquired in May, 2013. According to a newspaper
article, subsequent to the sale, the shipping terminal facility was leased in the interim to a
shipping company. It was acquired for a proposed residential condominium project, of
which the subject's development rights are to be incorporated into this development. The
proposed tower is to have a height of approximately 295 feet and is to contain a total of
60 units. The maximum allowable floor area ratio is 1.0.
t3
643
NEIGHBORHOOD MAP
t4
644
lernrn.l lBrdd O@loplM{ Sib
Confft
Also on Terminal Island, a new multi-level parking garage and a new ferry station are
proposed to be constructed on the current Fisher Island parking and service facility site.
Cargo vessels arriving/department from Terminal Island use the Main Channel and
Government Cut Channel. According to the application submitted to the City of Miami
Beach Planning Board, Fisher Island has applied for "a conditional use approval for new
construction of a 4-story structure exceeding 50,000 square feet. The project is proposed
to be built in two phases, and includes a new over water platform projecting from the
seawall, for access to a new ferry transport structure to and from Fisher Island". A
representative with the Fisher Island Community Association (FICA) indicated that the
parking garage is to contain 450 parking spaces and approximately 15,000 square feet of
office space for Fisher Island operations only. FICA is currently in the permitting
process.
Causeway Island is located immediately east of Terminal Island. It is the home of the
U.S. Coast Guard Miami Beach Base, which is also referred to as the U.S. Coast Guard
Integrated Support Command (ISC). The U.S. Coast Guard serves as the Captain of the
Port in matters of safety and inspection.
*ftlSFId r*cter * Pstrsfs
15
645
The subject property is located north of the Port of Miami (Dodge and Lummus Islands),
which is situated on an island that contains approximately 520 acres in central Biscayne
Bay. It is bounded on the north by the Main Channel adjacent to MacArlhur Causeway,
on the south by Fisherman's Channel and Biscayne Bay, on the east by Miami Beach and
Fisher Island and on the west by downtown Miami. Channels and turning basins provide
ship access to the Poft's cargo-handling and cruise passenger facilities. The Port of
Miami is a non-operating port owned by Miami-Dade County and managed by the
Miami-Dade County Seaport Department. A "non-operating" port is one that provides,
manages? maintains, and leases the facilities for private entities to operate all shipping
activities. Tenants include shipping agents, cruise lines, freight forwarders, custom house
brokers, stevedores, ship chandlers, federal, state and local agencies and other port-
related firms.
Southeast of the Port of Miami and the subject property is Fisher Island, which is an
exclusive master-planned residential island. Fisher Island comprises some 200 acres of a
220-acre island. The island was created in the early nineteenth century from material
dredged up in the process of deepening Government Cut, the deep-water access way to
Miami's commercial port. There is no bridge to Fisher Island from any of the nearby land
areas. A regular private ferry service provided by the island is the primary transportation
to it. Ownership of property on Fisher Island is in one of the following categories,
common elements/infrastructure, club facilities, vacant land available for development,
improved condominium buildings, government buildings (U.S. Post Office and Miami-
Dade Fire Department) and the Coastal Oil parcel. The Coastal Oil parcel is an oil storage
that services the marine oil needs of the Port of Miami. The Fisher Island Community
l6
646
Association, Ino.(FICA) is the not-for-profit corporation that owns and operates the
common elements (ferry operations and infrastructure) at Fisher Island. Fisher Island
Club, Inc. (FICI) is the not-for-profit corporation that owns and operated the Club
properties (clubhouse, 9-hole golf course clay tennis courts, beach club, restaurants,
marinas and spa facilities). Development of Fisher Island is regulated by master
covenants and subscription agreement. The most recent amendments reportedly permit
the development of a total of 878 units. Currently, 705 units have been built and 173
remain to be developed. The residential condominiums are situated around the perimeter
of the island within low and mid-rise buildings. The commercial condominiums are
located north of the Residents Marina and are used for a variety of uses including a
hardware store, restaurant, laundry, market and Club membership office, as well as the
offices of the developer.
Virginia Key is also located approximately one-half mile southeast of the Port of Miami.
The 863-acre island is under the jurisdiction of the City of Miami and Miami-Dade
County and contains a variety of public and private land uses including the Miami-Dade
county District Wastewater Treatment Plant, a spoil disposal area, the Bill Sadowski
Critical Wildlife Area, Rosenstiel School of Marine and Atmospheric Science, Mast
Academy, restaurants, marinas and the Miami Seaquarium parks and recreation areas.
East of the subject property is the southern portion of Miami Beach, which is referred to
as "South Beach". Generally, South Beach is the area south of Lincoln Road (17n
Street). This area is tourist oriented and is basically 95o/o developed. Construction in this
area began in the 1930s, or earlier. Development included a variety of residential and
commercial uses. By the 1970s, many of the structures had begun to deteriorate. In the
early 1980s, private investors began to purchase and renovate, or demolish, existing
structures and the character of the South Beach area began to change. The majority of
the commercial development in the South Beach area is located along Washington
Avenue, Collins Avenue, Alton Road, Lincoln Road, Espanola Way and 5th Street. The
waterfront sites in the Miami Beach area are generally developed with hotels and
residential condominium buildings.
Just north of the northwest corner of the Port of Miami, west of the subject property, is
Watson Island, which is under the jurisdiction of the City of Miami. Watson Island is an
86-acre island that is bisected by the MacArthur Causeway. Uses on the north side of
Watson Island include a public boat launch, the Miami Yacht Club and Jungle Island.
Uses on the south side include the Miami Children's Museum, an Aviation Center for
helicopter businesses, vacant land and park/open space areas. The City of Miami has
entered several development agreements for the construction of hotels, retail and a mega-
yacht marina on this property. In addition, Watson Island also houses the portal for the
recently constructed tunnel to the Port of Miami.
t7
647
Palm, Hibiscus and Star Island are located on the MacArthur Causeway, between
Terminal Island and Watson Island. These are exclusive residential neighborhoods
within the municipal limits of the City of Miami Beach.
In conclusion, the area surounding Terminal Island consists of a mixfure of low- to high-
density residential, commercial, office, industrial and park/recreational uses. The subject
property is accessible from the MacArthur Causeway and has water frontage along the
Main Channel.
t8
648
DESCRIPTION OF THE SITE
Location:
Shape:
Land Area:
140 MacArthur Causeway, Miami Beach, Miami-Dade
County, Florida.
Irregular
According to the suryey provided, the subject property
contains approximately 2.16 acres, or 94,090 square
feet.
EreKJOT.INSTONMAGENHEIMER
l9
649
tr
:SLACKJOHHSTONMAGENHEIMER
20
650
Access:
Topography:
Soil Conditions:
Utilities:
Land Use Restrictions:
Environmental Study:
The site has a mid-block location. The northern
portion of the site has frontage along a two-lane
perimeter road that connects with the MacArthur
Causeway, which is a six-lane, median divided
road/bridge. The southern portion of the properly has
frontage along the Main Channel. It is also accessible
from the Government Cut Channel. The subject
property is accessible by boat via these two channels.
Level and near street grade.
No soil report of the property was provided. It is
assumed the soil is of sufficient load bearing capacity
to support the construction of permanent structures.
No evidence of any adverse soil conditions at the site
was observed upon our physical visit to the property.
The fact that the site is currently improved with several
industrial buildings is proof it is suitable for
development.
All public utilities are available to the area. The City
of Miami Beach utilizes the Miami-Dade County
Water and Sewer Department for water and sanitary
sewage, with the City of Miami Beach being
responsible for solid waste collection and disposal.
Electricity is provided by FPL and local telephone
service is provided by AT&T.
No authoritative report of title has been provided or
reviewed. There does not appear to be any easements,
encroachments, or restrictions that would adversely
affect the utilization of the site.
An environmental risk study was not provided for our
review. This appraisal report is based on the
assumption that no conditions exist that would
adversely affect the utilization or marketability of the
property.
2t
651
Flood Insurance:The subject property falls within Zone "AE"; base
flood elevations determined. Special flood hazard
areas subject to inundation by the l%o annual chance
flood. National Flood Insurance Community Panel
Number 120651 0319 L, dated September 11, 2009. A
copy of the flood map is presented on the following
page. Elevation 10 feet.
sffiRJOHN$TONMI\GENHEIMER
22
652
DESCRIPTION OF THE IMPROVEMENTS
According to the Miami-Dade County tax roll, the subject property is currently improved
with several industrial buildings that contain a total of 35,921square feet. The one- and
two-story buildings were originally built in 1940, 1982 and 2006. Presented below are
conceptual plans for the existing facilities located on the subject property.
Ak6+
*./ ,:
-\
':,
:SL.ACKJOHNSTONMAGENHEIMER
23
653
Existing site improvements include asphalt and concrete paving, chain link fencing and
gates, loading dock, dock with concrete griders on pilings, etc.
At such time as when a portion of the subject's development rights are transferred to the
adjacent property, as proposed, the City of Miami intends to redevelop the site with a
new facility. Presented below is the conceptual plan for the proposed City facilities
layout. Refer to the addenda section for existing and conceptual plans for facilities on
Terminal Island.
T6mi$l hhnd DslryqF{ Sil(
}}Dpolrd Clr, F*xlihs l"aEl 0t
fa*t8f + Pes'til.sr$a.nar si$o ---::--\
,,,1::::,,, k
M$ffiqii:-!8ir:a: i.wF
':::::::!J4!.:t - asqd'::::s!*:a: $m*'6*ur :::,:::i:::::=.frWd
Ra*x:6::::: {#@(#M&:::-:.a.Mrrlqeeeesr",'::*$edl*s :::6s{e!4Y{ u ,i sd
Mrtdffihtlsffid#
C*{fef gd#r l!
n a@----3Itfl* rii
bm1 p{8: stut]k G*w, tik* .alu&
:)::: a. !4{k{,,1r1rr i&n$i
m B*/Ai-.r',d:*, ml4d
As only the development rights are being valued based on the proposed multifamily land
use and zoning changes, no consideration has been given to the existing improvements on
the subject property.
:SLACK
24
JOHNSTONMAGENHEIMER
654
o€,U}
il
.oi-B
LuJ
ua
c
=o
Jo
a
ulz4d
C
*E
E
t
F
9
Uz
E
3 : $-"" ;!iHiE inaaa IgE$8ExEg$aE li!
=*
E=i Er*eiii iiig
trd EAai; U,ii-€ =--
=g p=
EF iE:IIPa.
arl3h
!h!
" 9r H'!gii6E
sJcSlg!:* !3;.1--or!EBp
; }T;!{*i! 3.:t
iEIiI
r!iE$Hirii.E alt6+ E 83
fsii r
x!EeE
:lEiE
25
655
REAL ESTATE TAX ANALYSIS
The subject property is located within the City of Miami Beach in Miami-Dade County
and is subject to both city and county ad valorem taxes on real property. The Florida
Statutes provide for assessment and collection of ad valorem taxes on real property;
however, the taxes are assessed, collected, and used on the local county level. The
assessment for the property is established each year as of January 1st by the Miami-Dade
County Property Appraiser's Office at l00o/o of "Just Value". The tax due is computed
according to annual millage rates established by Miami-Dade County. Millage rates are
the amount paid to each taxing body for every $1,000 of assessed value. Taxes are
payable in November with a 4o/o discount and become delinquent on April 1st.
According to the Miami-Dade County tax rolls, the 2014 assessments and 2013 real
estate taxes for the subject property are as follows:
The County's assessed value for the site equates to $49.88 per square foot, based on
94,090 square feet (02.16 acres). As the subject property is owned by the City of Miami
Beach, it is exempt from ad valorem taxes.
Folio Number Land
Assessment
Improvement
Assessment
Total
Assessment
Real Estate Taxes
02-4204-000-0010 $4,692,739 s1.431.663 $6,724,402 $0 (Exempt)
26
656
LAND USE
With the exception of the subject property, according to the City of Miami Beach
Planning Department's Land Use Map, Terminal Island has a land use designation of
"IJrban Light Industrial". The subject property is currently designated as "PF" (Public
Facility- Governmental Uses). This land use designation is attributable to its current use.
If privately owned, the subject property would also have the "Urban Light Industrial"
land use designation. A copy of the land use map is presented below.
. :l :**Fr*rrc Land Uec edasbries .r. i ; i
LJRssi,Errtmryr*r.bd Rqam,*rdf$i#irmr* --.* I ,'. l-lnrs-an"de,ffdp.*r"r**"0.,r6a",&S.
ffi n*t no,ia"otur-.rurnrly,to*;rro*ry @'Ros no*ahd a.d op'n rrod []l crs lcorrmnlrlpc*rmrca d*&d, ktitod m&cd ut ,
flnM2Rosidototflutrrarity,nr6*umir{**ry f]] rr Lkbilqith&sal ffiCeea .sddd,lmmlmad{os . .
ffifiu.t**iamtetnuriituodyor$,i&c*y E RftUsheroffittswl ::. ffi/l'lFrClCo*'*te-***'*aoa,i,'ixxt* ii l I
Ef TH rodom reBid*dd fi h*rre UuUr*tx tbnH €sidsfitjsmd?piEnt d6Iict ffi "rt.. ***al p€lqntsee ds*d me'*rn pryprC Orycf
I nO ResHemit ot* . IJ: I R],i-tfiD.2 Muftfsfi'ly. paffi.d,si*ntlarcMo$md diBltu L:El RMPS.I tu$Hedd ffid q pqtffiN darilafd,
ffico.rcffiBsekt,r!*hrim*r.-,,; li lTIElnes-iR"rddlidpo.{od6Gcardard.hrdixhb*do^sity @srzeporielpol.f{.rilr{du*lbNldi{ri, 'i
@S co., *-*r,.rrre,*t*-;ty I-l npg.r rusame p!ftma@ *edarc. Fdh rr-Fny I rr n&{" tu*iry ldE'mcr*d
j co a c*-*"it tn ".r*b f lTl o*, lredl"dd pdmffi {,nde.d. ftadim.hbh densry fr erlccc; aom lsility, mfrffiti6 cer*er
ii.iii ri' dm N| '
"{L
is an Enargy Ecor,romic Zone-
MIAMI B EAC H #31 fvlv:E H:*,t:s M"o
The purpose of the "PF" land use designation is to provide development oppofunities for
existing and new government uses. This land use designation permits government uses.
Intensity may be limited by such set back, height, floor area ratio and/or other restrictions
as the City Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However, in no case shall the intensity exceed a floor area ratio of 2.0.
\-t'
The Clty
:SLACKJOHNSTON4*sE$ffi
27
657
The properties to the east and west of the subject property have the "Urban Light
Industrial" land use designation. The purpose of this designation is to provide
development opportunities for existing and new light industrial facilities. Uses which
may be permitted include light industrial and compatible retail and service facilities.
Intensity may be limited by such set back, height, floor area ratio and/or other restrictions
as the City of Commission acting in a legislative capacity determines can effectuate the
purpose of this land use category and otherwise implement complementary public policy.
However, in no case shall the intensity exceed a floor arearatio of 1.0.
As noted, the City of Miami Beach is considering modifying their land use, zoning and
comprehensive master plan to allow multifamily residential development within
waterfront industrial districts. Terminal Island is the only land within the City of Miami
Beach that has waterfront industrial properties.
The City of Miami Beach Planning Department indicated that "a comprehensive plan
amendment will be needed to allow for residential uses in the "Light Industrial" land use
category on waterfront properties. This requires a public hearing at the Planning Board
and two public hearings before the City Commission. Between the first and second
reading, there is a 30 day review period for several state and local agencies. After it is
adopted by the commission on the second reading there is a 2l day appeal period, after
which the ordinance becomes effective. Assuming there are no major comments or
appeals, the amendment can be effective in four to five months from time it is referred to
the Planning Board".
The City of Miami Beach is considering the potential sale of a portion of the subject's
development rights (approximately 50,000 square feet of floor area) to the adjacent
property owner to the east for expansion of their proposed residential condominium
project. The subject property is being valued based on the hypothetical condition the
land use designation of the subject property has been changed to permit multifamily
residential development.
ZONING
With the exception of the subject property, according to the City of Miami Beach zoning
map, Terminal Island has a zoning classification of "I-1" (Light Industrial District). The
subject property has a zoning classification of "PF" (Public Facility, Governmental),
which is consistent with its current use. If privately owned, the subject property would
also have the "I-1" (Light Industrial District) zoning classification. A copy of the zoning
map is presented on the following page.
28
658
$TAR ISLAND
".ii,,;.,.,,,,
. !h,ix..,{r?q*a
,@gn*
'",tt.
-a::
,i
IERtaltiAI ISLAITID
I tutXE Mixed use enlertainmenl
Ml ROS Recrealion and open space
tlTl l-1 Urban llght indu*rial
I Un Marin€ recrealional
ffi enS< Residenlial perlormance slandard, high denisty
@Cpyl Commercial performance slandard, limitEd mixed use
@CpgZ Commercial performance dandard, general mixed use
l!l@ CpgS Comfile.cial perirrmance standard. inteilsive mixed use
@t ntU.fnn Multifamily, plannod rEsidontial dovelopm€nl diBtrict N CpSq ComrnE.eial Fgrfomance stardard. irtgngve phasgd bays
*ffi| nU-fnf-Z Mullifamily, planned re$idenliat deyglopment dist.ict H RMPS-1 Beoid€ntal mked use perloirnanca stendard
H npS-t Resid€ntial perlormance skndard, hediumlow dEnsity lB Spg Special public fucilites educalional districi
fFl nrS-Z Residentiat pertormance sbndard, m€dium d€nsity E pf Publie facility, gove.nmsntal
ffi nlS'l Residential perfornanca standard, rnedium-high dsnEity @ PF(CCC) Public facility, convantion cenler
The properties to the east and west of the subject property have the "I-1" (Light Industrial
District) zoning classification. The primary purpose of the "I-1" district is to permit light
industrial uses that are generally compatible with one another and with adjoining
residential or commercial districts. Uses that are compatible and complement light
industrial uses, such as a limited range of offices, and commercial uses shall also be
permitted. This district shall not include any residential uses. Refer to the addenda section
:SLACKJOHNSTONMAGENHEIMEFI
29
659
for a list of the allowable uses within this zoning classification. Under this zoning district,
the maximum floor area is 1.0, the maximum building height is 40 feet and the maximum
number of stories is 4.
As noted, the City of Miami Beach is considering modifying their land use, zoning and
comprehensive master plan to allow multifamily residential development within
waterfront industrial districts. Terminal Island is the only land within the City of Miami
Beach that has waterfront industrial properties. The City of Miami Beach Planning
Department indicated that"a comprehensive plan amendment will be needed to allow for
residential uses in the "Light Industrial" land use and zoning category on waterfront
properties. The City of Miami Beach Planning Department indicated that "the zoning
code amendments, upon referral by the Commission, should take approximately 3 to 4
months to complete".
According to information provided, under the proposed land use, zoning and
comprehensive plan changes, multifamily residential uses will be permitted on waterfront
industrial parcels. The allowable building height for waterfront residential sites will be
250 feet, or 25-stories. The floor area ratio will remain at 1.00 and the density will be 60
units per acre. The development rights that the City of Miami Beach is considering to
transfer to the adjacent property are to consist of a maximum floor area of approximately
50,000 square feet. It was noted that the proposed zoning and land use classifications are
proposed to permit accessory uses to the primary use such as commercial, restaurants,
etc. The restaurant use is proposed to be limited to residents and guests at no more than
1.25 seats per unit.
The City of Miami Beach is considering the potential sale of a portion of the subject's
development rights (approximately 50,000 square feet of floor area) to the adjacent
property owner to the east for expansion of their proposed residential condominium
project. The subject property is being valued based on the hypothetical condition the
land use designation of the subject property has been changed to permit multifamily
residential development.
30
660
TRANSFER OF DEVELOPMENT RIGHTS
The City of Miami Beach zoning ordinance permits the transfer of development rights
(TDRs). It allows for the transfer of development rights (unused floor area) from one
parcel to another. A copy of the zoning ordinance pertaining to TDRs is presented in the
addenda section of this report. According to the zoning ordinance, the transfer and
receiving districts are as follows:
$ee . 118-?22. Transfer and receiving distriEts.
Except as provided in aection 118-224, development rights (unused floor area) shalt only be lransferred frsm
properties in designated lransfer districts to properties in designated receiving districts. For purposes of this seetion
the R-PS1, R-PS2, C-FS4, GU and the MXE mixed use enterlainment d,stricls are designated as lransfer districts and
the CD-3 (r#hen not localed in the architectural district), the C-P$2 and C-PS4 districts are deslgaated as receiving
districts; however, ihere shall be no iransler of development righls {unused lloor ar*a) from a GU dislrict to any districl
other than lhe C-PS4 di*tricl. In a locally designated historic digtrict or sile, a historic structure (as listed in the historic
property database) lh6i has received a tax credit or qualilies as a "cerlified rehabililation" according to the U.$.
Secretafy of lhe Interior Standards, may transfer its developrnBnt rights lo a hotel {,evelopment. l-lowever, such hotel
developmeflt shall nol be within lhe architectural distriol but wlihin a receiving district as listed in this secliofi and meet
all of the requirernent$ of this section. For lhe purposes of lhis seclion, a lot or portion thereof which is within or parl ol
a locally designated di$trict or hiitoric site shall nol be allowed to lransfer ils derelopment righte to another property
untess it is developed as a parking lol or garage. tots in a lransfer disirict may be called transter lots or properties and
lots in a receiving district may be called receiving lots or propedies.
{OIt1 n o 89-2665. I d-?gf8). elt. 1 61 -89 On/ o,c 96"3048. $,181, 7.{ r-9$l
The value concluded herein is based on the assumption that the proposed transfer of
development rights would be approved within the "I-1" zoning district to the adjacent
waterfiont industrial parcels only.
:SLACKJOHNSTON
$ASESHE&EE
3l
661
HIGHEST AND BEST USE
The following definitions are from The Dictionary of Real Estate Appraisal (Fifth
Edition) published by the Appraisal Institute:
Highest and Best Use is the "reasonably probable and legal use of vacant land or an
improved property, which is physically possible, appropriately supported, financially
feasible, and that results in the highest value. The four criteria that highest and best use
must meet are legal permissibility, physical possibility, financially feasibility and
maximum profi tability."
Highest and Best Use As Though Vacant is the use "among all reasonable alternative
uses, the use that yields the highest present land value, after payments are made for labor,
capital, and coordination. The use of a property based on the assumption that the parcel
of land is vacant or can be made vacant by demolishing any improvements."
In estimating highest and best use, there are essentially four stages of analysis:
1. Possible Use - normally dictated by physical constraints.
2. Permissible Use - what use would be permitted in consideration of existing zoning and
other applicable laws governing the use of the property, as well as any deed
restrictions that may exist.
3. Feasible Use - which possible and permissible uses will produce a net return to the
owner of the site.
4. Maximally Productive - among feasible uses, which use will produce the highest net
return to the land.
To meet the tests of highest and best use, the use cannot be speculative or conjectural. It
must be legal and probable. There must be a profitable demand for such use and it must
return to the land the highest net return for the longest period of time. These tests have
been applied to the subject property, as though vacant and under several hypothetical
conditions concerning changes in land use, zoning and comprehensive plan amendments
to permit multifamily residential development on waterfront industrial parcels.
As Though Vacant
Physically Possible: The subject property is irregular in shape and, according to the
information provided, contains approximately 2.16 acres (94,090 square feet). The site is
level, and at or near street grade. Although no soil report for the subject has been
provided, a visit to the property, as well as existing developments in the area revealed no
problems associated with the physical aspects of developing the site. The area has good
local access and availability to public utilities.
SL.ACKJOHNSTONMAGENHEIMER
32
662
The subject property has a mid-block location. The northern portion of the site has
frontage along a two-lane perimeter road that connects with the MacArthur Causeway,
which is a six-lane, median divided road/bridge. The southem portion of the property
has frontage along the Main Channel. It is also accessible from the Government Cut
Channel. The subject property is accessible by boat via these two channels.
The site is currently improved with several industrial buildings and related site
improvements, which are proof that the site is suitable for development. The physical
characteristics of the subject site support a number of possible uses within the confines of
its configuration/shape, size and location.
Legally Permissible: Permissible or legal uses are those permitted by zoning and land
use regulations. No recent title search was provided to the appraisers. It is assumed that
there are no covenants, restrictions or easements that would adversely affect the use of
the site to such an extent that it would negatively impact its value.
The subject property currently has a land use designation and zoning classification of
"PF" (Public Facility- Governmental Use) due to its existing use. With the exception of
the subject property, Terminal Island has a land use designation of "Urban Light
Industrial" and a zoning classification of "I-1" (Light Industrial District). If privately
owned, the subject property would also have the same land use designation and zontng
classification as the adjoining parcels. As noted, the valuation of the subject property is
based on several hypothetical conditions concerning changes in land use, zoning and
comprehensive plan amendments to permit multifamily residential development on
waterfront industrial parcels.
According to information provided, under the proposed land use, zoning and
comprehensive plan changes, multifamily residential uses will be permitted on waterfront
industrial parcels. The allowable building height for waterfront residential sites will be
250 feet, or 25-stories. The floor area ratio will remain at 1.00 and the density will be 60
units per acre. The development rights that the City of Miami Beach is considering to
transfer to the adjacent property are to consist of a maximum floor area of approximately
50,000 square feet. It was noted that the proposed zoning and land use classifications are
proposed to permit accessory uses to the primary use such as commercial, restaurants,
etc. The restaurant use is proposed to be limited to residents and guests at no more than
1.25 seats per unit.
Feasible or Maximally Productive Use: It has been established that the subject property
is of adequate size and shape to permit development. As noted, the area surrounding
Terminal Island consists of a mixture of low- to high-density residential, commercial,
office, industrial and park/recreational uses. The subject properly is accessible from the
MacArthur Causeway and has water frontage along the Main Channel. Based on our
JJ
663
research, recent developments on waterfront sites have been for multifamily
development. Refer to the land sales presented in the land valuation section.
At present, Terminal Island is land used and zoned for industrial use, except for the City
owned parcel, which is zoned for government use. If privately owned, the subject
property would also have a land use designation of "Urban Light Industrial" and a zoning
classification of "I-1" (Light Industrial District), the same as the adjoining properties to
the east and west.
The adjacent site to the east of the subject property was acquired by a developer in May,
2013 for $9,943,700. This property operated as the Newgard container processing
terminal. The 3.71-acre site was acquired for development of a residential condominium
project. The current zoning on this property does not permit the use and floor area
required for this development. Like the subject property, development of this site with a
multifamily use will require land use, zoning and comprehensive plan changes. The
developer intends to increase the size of this project by acquiring and transferring
approximately 50,000 square feet of development rights from the subject property to his
recently acquired site. The project is proposed to contain a +l-295 foot tower with 60
condominium units, as well as a mega-yacht marina, garage and accessory uses. The
overall floor area ratio of this project cannot exceed 1.0.
As noted, the purpose of the appraisal is to estimate the market value of development
rights that could be transferred to an adjacent parcel. The City of Miami Beach is
considering the potential sale of a portion of the subject's development rights
(approximately 50,000 square feet of floor area) to the adjacent property owner to the
east for expansion of their proposed residential condominium project. As such, the
highest and best use of the subject property is based on several hypothetical conditions
concerning changes in land use, zoning and comprehensive plan amendments to permit
multifamily residential development on waterfront industrial parcels. As only the
multifamily development rights of the subject property are being valued, the highest and
best use for this portion of the subject property is for multifamily development.
Conclusion: As only the multifamily development rights of the subject property are
being valued, the highest and best use for this portion of the subject property is for
multifamily development, consistent with the development rights and proposed zoning
criteria as outlined in this report.
34
664
VALUATION PROCESS
There are three generally recognized approaches considered in the valuation of real
property. They include the income, sales comparison, and cost approaches. It should be
noted that the appropriateness and reliability of each approach depends on the type of
property being appraised, the age and condition of the improvements, if any, and the
availability and quality of market data available for analysis.
The income approach provides an indication of value of a property based on a conversion
of anticipated benefits (net income). The method of conversion is called capitalization
and is either based on a single year's income (direct capitalization), or several years'
income (discounted cash flow). The sales comparison approach provides an indication of
value based on sales of properties considered similar. The cost approach provides an
indication of the value of a property represented by the reproduction cost of the existing
improvements, less accrued depreciation, to which is added the land value.
In this instance, only the sales comparison approach was applicable in the valuation of
the subject property, as though vacant and based on several hypothetical conditions
concerning changes in land use, zoning and comprehensive plan amendments to permit
multifamily residential development on waterfront industrial parcels. As only the
subject's multifamily development rights (approximately 50,000 square feet of floor area)
are being valued in this report, the price per buildable square foot is the method use to
estimate its value.
The appraisal process is concluded by a review and re-examination of each of the
approaches to value that were employed. Consideration is given to the type and
reliability of data used and the applicability of each approach. These factors are
reconciled and a final value estimate is made.
35
665
SALES COMPARISON APPROACH
The sales comparison approach produces an estimate of value for real estate by
comparing recent sales of similar properties in the subject's surrounding or competing
area. Inherent in this approach is the principle of substitution, which states that when a
property is replaceable in the market, its value tends to be set at the cost of acquiring an
equally desirable substitute property, assuming that no costly delay is encountered in
making the substitution.
By analyzing sales which qualify as arm's-length transactions between willing,
knowledgeable buyers and sellers, price trends can be identified from which value
parameters may be extracted. Comparability in physical, locational, and economic
characteristics are important criteria in evaluating the sales in relation to the subject
property. The basic steps involved in the application of this approach are as follows:
1. Researching recent relevant property sales and current offerings throughout the
competitive area.
2. A selection process to focus on properties considered most similar to the subject,
and then analyzing the selected comparable properties giving consideration to the
time of sale and any change in economic conditions which may have occurred as
of the date of valuation. Other relevant factors of a physical, functional, or
locational nature are also considered.
3. Reducing the sales to a meaningful unit of comparison, i.e., price per unit or price
per square foot.
4. Making appropriate adjustments to the comparable properties.
5. Interpreting the data analyzed to draw a meaningful conclusion of value.
The validity of this approach is dependent upon the availability and relevancy of the data.
The sales of properties having characteristics similar as the subject have been collected
and analyzed. Typically, land sells based on units of comparison particular to the
property type (e.g., price per square foot, price per acre, price per unit, price per buildable
square foot). In valuing the development rights to be transferred, in this analysis, the
price per buildable square foot of planned area was analyzed.
The subject property consists of a parcel of land located at 140 MacArthur Causeway in
the City of Miami Beach, Miami-Dade County, Florida. According to the survey
provided, the subject property contains approximately 2.16 acres, or 94,090 square feet.
As noted, the purpose of the appraisal is to estimate the market value of the multifamily
development rights to be allocated to the subject property through land use, zoning and
comprehensive plan amendment changes.
36
666
The City of Miami Beach is considering the potential sale of a portion of the subject's
development rights (approximately 50,000 square feet of floor area) to the adjacent
property owner to the east for expansion of their proposed residential condominium
project. The subject property is being valued based on several hypothetical conditions
concerning changes in land use, zoning and comprehensive plan amendments to permit
multi fami ly residenti al development on waterfront industrial p arcel s
According to information provided, under the proposed land use, zoning and
comprehensive plan changes, multifamily residential uses will be permitted on waterfront
industrial parcels. The allowable building height for waterfront residential sites will be
250 feet, or 25-stories. The floor area ratio will remain at 1.00 and the density will be 60
units per acre. The development rights that the City of Miami Beach is considering to
transfer to the adjacent property are to consist of a maximum floor area of approximately
50,000 square feet. It was noted that the proposed zoning and land use classifications are
proposed to permit accessory uses to the primary use such as commercial, restaurants,
etc. The restaurant use is proposed to be limited to residents and guests at no more than
1.25 seats per unit.
Our research for comparable land sales extended from January, 2012 to the effective date
of this appraisal. The search concentrated on those waterfront sites suitable for
multifamily development for purposes of comparison to the subject property. The
research concentrated on those waterfront site sales located within Miami-Dade County.
The sales included in this report are considered of good quality and representative of the
best available market data.
Five land sales have been presented in this report. The land sales under analysis occurred
between March, 2012 and April, 2014. All of the sales included in our analysis are
considered to represent the best available data as of the date of valuation. The sales
reflected unadjusted per square foot prices based on buildable square foot from $168.06
to $284.48. The sites contain from 37,165 square feet (0.85 acre) to 241,196 square feet
(5.54 acres), which bracket the subject's land area. A summary chart and location map of
the sales are included on the following pages. Detailed information and an aerial
photograph of the land sales are presented in the addenda.
)t
667
g
C
,EE,t51'ji4
ri ..
a
:ao
en .E'
u
x=to
ALe ;a
-!dd
5 dtr
fq97i.l :Y € 'tfdrq EEg-- -5 eA E ,'4.*
^dqq-^J
F A vU
-d)e#.
\OClrtqq!C--<t
6GhT?b * al 6clda!G066&
O!cl(}t-(},ct6alfrt-,.' ci -: .r 6firrorl4,aff,8,8
o
0() = \a^ (: Oo x -icr (} e
cg;-jvfh:td,rtct*tdAs*
Ntrl<att't:i:::eEil-q+zqurE{
N
f
rr
F
o.l
q
d
N
4tr
atuE:e2a! g
PE L
i,
EE s
E E<
:HP
CE
5S
.E
d
-:tr*:9aF ia- -
t&E 6:g l,.!- L
c,i
a,
V}
o
Oqrrw. \q .l c1ndfict
o\=!A
="-148**+i<:3=
€
:t
(!
c,l
at
?q
d!+
F.n
3^4TTUF=,.:p-8fr**a
a*h9ft\qwtoqqqci6{}$o
!Yr.+
f:*r-C
a.t
so03-3003 Ci; C 3 JE U'i O r E C9s 3-A tE I s
26 .Er' .E: Ft EEi! s€ Eg =s =av,,! o: -+ 4 F c - E6Eir-;c+€^e63 Us i-3 F€ 6€6A Fg 4n SJ ga
i^ Iolr. m
Y+C] :
€CI 2Dh
H
6oI
4
o
{
38
wH
F1
a
AZ
FI
Fl
Fz
rd
a
f"lfrfr
=rr,laFt/)
668
LAND SALES MAP
SLACKJOH
39
669
Discussion of the Land Sales
Land Sale No. 1 is located on the southeast comer of Collins Avenue and 94th Street in
the Town of Surfside. This oceanfront property has a corner location with two street
frontages. It also has frontage along the Atlantic Ocean and has direct beach access. The
rectangular site contains approximately 2.62 acres (114,314 square feet) and is zoned "H-
120" (High Density/Tourism), which permits 109 units per acre and a maximum building
height of 120 feet.
This property sold in March, 2012 for $50,000,000. At time of sale, the site was
improved with an operating part two-story and part three-story hotel (Best Western
Oceanfront Resort). The buyer intends to demolish the existing improvements and
redevelop the site with a residential condominium project to be known as Chateau Ocean.
At time of sale, the buyer intended to construct a l2-story tower containing
approximately 85 units, or a planned density of 32 units per acre.
In the City of Surfside, there is no set floor area ratio. Development in this city is based
on setbacks, landscaping, parking and other development standards. Based on the plans
submitted to the Town of Surfside, the total saleable area was proposed at252,878 square
feet. A comparison of the floor and saleable areas of three waterfront proposed
condominium projects indicated that the saleable area are between 84o/o and 86% of the
total floor area of the building. For analysis purposes, we have estimated the floor area of
this project at 297,504 square feet, or l.l5% of the saleable area. Based on this
information, the price per total floor area is $168.06 and the price per saleable square foot
is $197.72.
Land Sale No. 2 is located on the east side of Collins Avenue at N.E. 102nd Avenue in
the Village of Bal Harbour. This oceanfront property has a mid-block location with one
street frontage. It also has frontage along the Atlantic Ocean and has direct beach access.
The rectangular site contains approximately 5.54 acres (241,196 square feet) and is zoned
((PD" (Planned Development District), which permits a density of 55 units per acre and
an unlimited building height.
This property was acquired in June, 2002 for $220,000,000. At time of sale, the site was
improved with a clubhouse and tennis courts and served as the headquarters for the Bal
Harbour Beach Club. It was acquired for redevelopment of the site with a residential
condominium project to be known as Oceana at Bal Harbour. At time of sale, the buyer
intended to develop the site with a 27-story tower containing approximately 237 units, or
a planned density of 43 units per acre. Based on the plans submitted to the Village of Bal
Harbour, the total floor area is 84l,l7l square feet and a total saleable area of 724,832
square feet, or an average unit size of 3,058 square feet. Based on this information, the
price per total floor area is $259.69 and the price per saleable square foot is $303.52.
40
670
Subsequent to the sale, the site was rezoned from "PD" (Planned Development District)
to "OF" (Oceanfront District). The rezoning increased the size of the proposed
development as to building height and floor area. At present, site work has begun.
Land Sale No. 3 is located on the east side of Collins Avenue, between 17I"t and lJ2"d
Streets in the City of Sunny Isles Beach. This oceanfront property has a mid-block
location with one street frontage. It also has frontage along the Atlantic Ocean and has
direct beach access. The rectangular site contains approximately 0.85 acre (37,165 square
feet) and is zoned "M[J-R" (Mixed Use - Resort District), which permits a density of 80
units per acre and the maximum building height shall be controlled by the minimum
setbacks and the Federal Aviation Administration height restrictions.
This property was acquired in Septemb er, 2013 for $31,646,000. At time of sale, the site
was vacant. It was acquired for development of a residential condominium project to be
known as Muse. According to the site plan provided to the City of Sunny Isles Beach,
the total floor area is 170,959 square feet. As noted on Sale No. I above, a comparison
of the floor and saleable areas of three waterfront proposed condominium projects
indicated that the saleable area are between 84o/o and 86% of the total floor area of the
building. For analysis purposes, we have estimated the saleable area of this project,
exclusive of any TDRs, at 145,315 square feet, or 85o/o of the floor area. Based on this
information, the price per total floor area is $185.11 and the price per saleable square foot
is $217.78.
On a separate agreement, the buyer acquired TDRs from the seller, who had purchased
them couple of years ago. The TDRs increased the floor area of this development by
5I,287 square feet for a total floor area of 222,246 square feet. It also increased the
number of units from 43 to 68. The floor area ratio increased from 4.60 to 5.98.
Including the acquired TDRs, the property is proposed to be developed with a 49-story
tower is to contain a total of 68 units, or a planned density of 80 units per acre. At
present, the site remains undeveloped.
Land Sale No. 4 is located on the east side of Collins Avenue, north of 67th Street, in the
City of Miami Beach. This oceanfront property has a mid-block location with one street
frontage. It also has frontage along the Atlantic Ocean and has direct beach access. The
rectangular site contains approximately 0.96 acre (41,644 square feet) and is zoned "RM-
3 (Residential Multifamily, High Intensity), which permits a200 foot building height.
This property was acquired in January,2014 for $21,000,000. At time of sale, the site
was vacant. It was acquired for development of a residential condominium project to be
known as Bath Club Estates. The 16-story tower is to contain a total of 13 units, or a
planned density of 14 units per acre. According to information obtained from the City of
Miami Beach, the proposed floor area is 93,698 square feet. The marketing brochure
reflects a total saleable area of 78,276 square feet. Based on this information, the price
4t
671
per total floor area is $224.12 and the price per saleable square foot is $268.28. At
present, the site remains undeveloped.
Land Sale No. 5 is located on the northeast corner of Collins Avenue and 69th Street in
the City of Miami Beach. This oceanfront property has a corner location, two street
frontages and is at a signalized intersection. It also has frontage along the Atlantic Ocean
and has direct beach access. This property is located adjacent to the Canyon Ranch Hotel
and Spa, which is an upscale, full service, condominium-hotel. The rectangular site
contains approximately 0.93 acre (40,651 square feet) and is zoned "RM-3 (Residential
Multifamily, High Intensity), which has a maximum allowable building height of 200
feet.
This property was acquired in April, 2014 for $26,000,000. At time of sale, the site was
improved with a vacant three-story hotel known as the Golden Sands. In 2005, the seller
obtained approvals for the development of a 40-unit residential condominium building
with a height of 200 feet (20 stories). Based on information provided by the City of
Miami Beach, the proposed floor area was 91,396 square feet. The approved saleable
residential area was 51,945 square feet along with 2,887 square feet of retail space for a
total approved saleable area of 60,832 square feet. Based on this information, the price
per total floor area is $284.48 and the price per saleable square foot is $427 .41.
ln 2007, the zoning was changed to limit new development in this area to a maximum
height of 5-stories. The 2005 approvals permit greater density than what could be
approved under the current zoning code. The existing entitlements are scheduled to
expire in November, 2014. If the developer does not begin development prior to that
time, the entitlements will expire and any new development will have to meet current
zoning standards which limit the building height to 5-stories.
This property was acquired for development of a residential condominium project. The
initial plans were for the construction of a 20-story tower to contain a total of 20 units, or
a planned density of 21 units per acre. As it is within the North Beach Resort Historic
District, any development on this property would require the preservation of the fagade of
the existing hotel building. The buyer has modified its development plan and currently
intends to partially demolish, restore and renovate the existing three-story hotel and
construct a new 17-story tower. The developer's current plans reflect a boutique-t1zpe
building with a total 14 units. At present, the site remains in the same condition as when
it was purchased.
SLACKJOHNSTONMIIGENHEIMER
42
672
Transferrable Development Rights
Transferrable Development Rights is the method used to transfer the "right to develop"
from one site to another site in the same district. Several municipalities have
implemented programs allowing unused public and private development rights to be sold.
With the use of TDRs, the receiving sites are able to build to a higher density and/or
intensity. In addition to the above, information was obtained regarding the sale of
Transferrable Development Rights (TDRs) from oceanfront sites.
- The planner with the City of Aventura indicated that their city code does not allow
transfer of development rights.
- The planner with the Town of Surfside indicated that their city code does not
allow transfer of development rights.
- The planner for the Town of Bay Harbor Islands indicated that their TDRS are
only for additional units (density) and has nothing to do with FAR.
- The planner with the Village of Bal Harbour indicated that she is aware of the
recent sale of TDRs for the property located at 10201Collins Avenue; however, as
it was not handled by them (private sale), she does not know the sales price or
owner/buyer names.
- The City of Sunny Isles Beach provided information regarding a recent acquisition
in their city involving TDRs. The planning department provided a copy of the
resolution and appraisal. The oceanfront property is located at 18501 Collins
Avenue. The site contains 2.293 acres, is zoned "M[.J-R" (Mixed Use, Resort
District) and is currently used as a private club. The site is proposed to be
developed with a residential condominium project. When completed, this project
will contain 595,345 square feet and 154 residential units in a 649-foot high (52-
story) tower. In order to effectuate this project, the developer obtained approval
from the City to purchase 137,833 square feet of public Transferred Development
Rights (TDRs). The purchase of these TDRs will allow the developer to increase
the number of units on the properfy by 55 residential units, which the developer
will not be using at this time; therefore, the proposed project will continue to
consist of 154 units. As of May,2014, the value of the TDR's was estimated by
the developer's appraiser at $125.00 per square foot of allowable FAR. A review
of the appraiser's report indicated that the comparables utilized in his analysis
were dated, involved a site that was sold at auction (distress) and included a 2012
contract that did not materialized into a sale, and, in our opinion, did not reflect a
current or reliable indicator of value for this property. For this reason, no reliance
has been placed on this transaction.
43
673
Adjustment Factors
Property characteristics and sale terms considered in our analysis are financing, changes
in market conditions, conditions of sale, size, location, topography, zoning and size.
Each of these items has been analyzed and compared to the subject property and are
discussed on the following paragraphs.
Financing: Sale Nos. 1,3, 4 and 5 were cash to the seller transactions, with typical
terms of purchase for the subject market and no adjustments for financing are warranted.
The buyer of Sale No. 2 assumed the existing loan that had an unpaid principal balance of
$135,000,000 (61% of the purchase price). The parties involved in this transaction
reflected that this mortgage assumption did not have an effect on the price paid for the
property; therefore, no adjustment is warranted.
Terms of Sale: Al1 of the properties were considered sold as arm's length transactions;
therefore, no adjustments are required.
Time/Market Conditions: The five land sales transpired between March, 2012 and April
2014. Based on our research, Sale Nos. 1,2 and 3, which transpired between March,
2012 and September,2013, are considered to warrant upward adjustments for changes in
market conditionsltime. As Sale Nos. 4 and 5 transpired in February,2014 and April,
2014, respectively, they are considered to be reflective of market conditions and no
adjustments for time are warranted.
Size: The subject property contains approximately 2.16 acres (94,090 square feet). The
five land sales contain from 0.85 acre (37,165 square feet) to 5.54 acres (241,196 square
feet), which bracket the subject's land area. The sales did not reflect a discernable price
difference based on this range in land size; therefore, no adjustments are warranted for
size.
Topography: The subject property is level and at, or near, street grade. Like the subject
property, the sites of the land sales were at, or near, street grade at time of sale; therefore,
no adjustments are warranted.
Zoningz As noted, the development rights to be transferred are based on land use and
zoning changes, as well as comprehensive plan amendments, from government use to
multifamily residential use. The subject property is being valued based on the
hypothetical condition the land use designation and zoning classification of the subject
property have been changed from government use to multifamily residential. Since the
zontng classifications of all the land sales permit multifamily development, at various
densities and intensities, no adjustment is warranted for zoning.
674
Location: The subject property is located on the south side of the MacArthur Causeway
on Terminal Island in the City of Miami Beach. The overall locations of the five land
sales are considered superior and downward adjustments are warranted.
Water View: As noted, the southern portion of the subject property has frontage along
the Main Channel. It is also accessible from the Government Cut Channel. The subject
property is accessible by boat via these two channels. As the sites of all five sales have
Atlantic Ocean and beach views, they warrant downward adjustments for their superior
water views.
Conclusion
Based on the above, the land sales reflected the following:
Based on our analysis and taking into account that the subject property has water frontage
along the Main Channel (not the Atlantic Ocean/beach), its surrounding uses (industrial
uses to the east, west and south and residential uses to the north and southeast), we
estimate the market value of the multifamily development rights to be allocated to the
subject property, based on several hypothetical conditions concerning changes in land
use, zoning and comprehensive plan amendments to permit multifamily residential
development on waterfront industrial parcels, as of August l, 2014 to be in the range of
$175.00 and $200.00 per buildable square foot, which is calculated as follows:
Sale No.2 aJ 4 5
Sale Date Mar-12 Jun-12 Sep-l 3 Feb-14 Apr-14
Price/Buildable
So.Ft.
s168.08 s2s9.69 s185.11 s224.r2 s284.48
Financins
Terms of Sale
Time +++
Size
Tonosranhv
Zonins
Location
Water View
Overall
45
675
Floor Area
(Buildable Area)
50,000 Square Feet x
50,000 Square Feet x
Price Per
Buildable Sq.Ft.
$17s.00 :
$200.00
Reconciled
Value of
Development Rights
$8,750,000
$10,000,000
$9,250,000
The above reconciled value equates to $185.00 per square foot of buildable area.
46
676
RECONCILIATION AND FINAL VALUE ESTIMATE
The process of reconciliation reviews and reexamines the approaches to value which
were included in the appraisal. As noted, the purpose of the appraisal is to estimate the
market value of the multifamily development rights to be allocated to the subject property
through land use, zontng and comprehensive plan amendment changes. In the preceding
sections of this report, indications of value for the property, based on the applicable
approaches to value, as follows:
Cost Approach:
Income Approach:
Sales Comparison Approach:
Not Applicable
Not Applicable
$9,250,000
The sales comparison approach provides an indication of value of the subject's proposed
development rights and is considered a reliable indicator of value for the property.
Based on our investigation and analysis, we have formed the opinion that the market
value of the development rights to be allocated to the subject property (50,000 square feet
of floor area), based on several hypothetical conditions concerning changes in land use,
zontng and comprehensive plan amendments to permit multifamily residential
development on waterfront industrial parcels, as of August 1,2014, was as follows:
NINE MILLION TWO HUNDRED FIFTY THOUSAND DOLLARS
($9,250'000).
:SL.ACKJOHNSTONMAGENHEIMER
47
677
ADDENDA
48
678
ADDENDUM A _ MIAMI.DADE COUNTY REGIONAL AI\ALYSIS
49
679
REGIONAL ANALYSIS
MIAMI.DADE COUNTY, FLORIDA
Geographic Data
Miami-Dade County, which comprises the metropolitan area of Miami, is situated
between Broward County to the north and Monroe County (the Florida Keys) to the
south. Miami-Dade County is bordered on the east by the Atlantic Ocean and on the west
by Collier County, a large portion of which encompasses Everglades National Park.
Geographically, Miami-Dade is the second largest county in the state comprising 1,998
square miles, most of which is low-lying wetlands. Only 340 square miles (17%) of the
county support urban development.
The climate in Miami-Dade is mostly humid and subtropical, with an average annual
temperature of 75.9 degrees. The normal annual rainfall is 56 inches. Land relief is flat,
with highest elevations not exceeding25 feet above sea level.
Miami-Dade County is comprised of 35 incorporated municipalities, plus a large
unincorporated area. Miami-Dade County provides for a two-tier governmental structure.
The first tier provides basic city-like services such as police, zoning and park
maintenance to the unincorporated areas of the county. The second tier provides county-
wide services for everybody such as control of the airport, seaport, Jackson Memorial
Hospital and more specialized police work.
i -f'M gtuFer-s'i$t?
1f?{'"r,i- "-j"'a*i*q@ rFe
F+l .,ri:[::i:
ir?,$r&"-V"s
50
680
Miami-Dade County
Copyruht O 1S88- 2004 M(roscn Corp. and/o. lls supdiers All rghls reseaed. htp //w.microson.cofrrslEelsJ
OCowflqht2003bvGeoqrapilcDataTechnoloqv,lnc.AllrQhlsrcsededo2004IhVTEOA{ignlsreseayed,ThsddaincludesinformaiionlakenwilhpfmissionlromCanadian
auhorteg O Her Malesty ihe Queen in Riqhl of Canada
5l
681
Miami-Dade Gounty
Municipalities
012 1rMil€g
il*4=
Vs
{ffiH
lEEntdFldrf Zrttudidoi{Faar &
I Mhml
2 Hffitsad
3 FlsE Ot,
a ltlhml Eqch
5 Esnl G.!lE
6 Hblqh
7 iblthMbmtBech
I Mbml Serln!'
I ihrthMhml
18$
1!lt3
19r5
19t5
195
,925
rgt
t92'
,92toz
192t
1!r29
o31
u:n
1f;S
a37
1CB
Ailo
o45
1916
1947
,947
r947
1918
19{9
D60
1991
1$5
og,
,994
200
z,Gr
20@
t@
11 S.uth iilrml
tI GsldcnE ach
,:} Sbayrle Park
lbnh t yVllhfe
B.l H.rbour Vlllare
Bay Hrrhor lrlrrdt
Vlrdnlr G.dctrt
W6tMhml
Hhleh Grr*E
it&dhy
bladts
l(eyBlqrE
,rnEtr
$mr blE
PlcqBt
irhml l.bt
Elmttc Bay
i&mlG.r*D
Dstrl
:SLACKJOHNSTONMAGENHEIMER
52
682
Population
Miami-Dade is the most populous county in Florida. The estimated population for 2013
of approximately 2,582,375 represents 13% of Florida's total population. While
population has more than doubled in the last three decades, the rate of growth over the
last ten years has slowed. This slowdown is due to the fact that the area has matured as a
metropolitan center and faces increased competition from neighboring Broward, Palm
Beach and Collier Counties. The ethnic mix in Miami-Dade County is predominantly
Hispanic and comprises approximately 650/o of the population.
The following tables summarize the Miami-Dade County population, along with
additional statistical information:
53
683
Miami-Dade County
Florida's most populous county
with 13.4% of Florida's population
Population Houslng
C.nBus Population
1980 Consus
1990 Census
9o change '198G90
2000 Census
Eo chanqe 199&00
2010 Cens6
o/o change 2000-10
Hispanrc orLaino
% Hispanic or Letino
Under I 8 ,esc of aqe
% Under .18 years ol aEe
65 years of age and over
% 65 leac of age atrd over
Median Age
Estlmates atrd Proj*tlons
2012 Esimate
vo change 2010-12
2015 Projection bssed on 2012 estimate
% chango 201O.15
2020 PrcjectLon based on 2012 estimat6
% change 2015-20
Dens ity
Persons per square mile
2000
2010
2017
Households
Tolal hous6holds, 2000 Census
Family households, 2000 Census
% with own chlldren undor 1B
Total households, 2010 Census
Family households, 2010 Census
Yowilh @n chrldren under 13
Avecge Household Size, 201 0 Census
Average Family Size, 201 0 Census
Nsmber of EstablishmentE 2012
Natural Resoure & Mining
Construction
tlanu tu ct un ng
Trade, TEnsportation and UUlities
Jnformation
Financial A.iivlt es
Professroral & Bus ness Setoi€s
Educalon & Health Seilices
Leisure and Hospitaljty
Other Servi@s
Government
Households and Family Households
Housing counts
Houslng unlts, 2000 Census
Ocopied
Owner-ocapied
R6nter-occupiod
Vacant
Housing units. 201 0 Census
Occupied
Own er- o cap i ed
R ent€ r-o ccu pr e d
Vaqant
Units P.mitted
1990
2000
% change 1990-2000
201 0
0,6 chtrge 2000-10
2012
0.6 chanqe 2010-1 2
Percent of All lndustries 20'12
NatuEl Resource & Mining
Consiruction
[4anufactu.ng
Trade. Transportation and Utilities
lnFormation
Firancial Activities
Frofessronal & Business S€rylces
Educaton & HeElth Seryices
Leisure and Hospitality
OtherSeryices
Governmeni
12 3ak +/_0.3% 27 .t)ok+/,0.1va
51.2o/o +LA3% 19 2ak +/- O1%
3.3%+l-0.1% 112%+/-O.1%
86.2% +/- 0.3% 83.5t% +/- 01%
12 3Vo +L A3% 15 laA +L O 1
1.2Vo+LA1% 3.0%+l-01%
1)%*l-O.1ok 26%+,10.1%
1.5%+/-0.1% 08%+t01%
Miaml{}ade
Coqnty
1,625,509
1,937,194
19 2Ya
2253.779
16 3Yo
2,496,457
10 6%
1,623,859
65 OYo
545.754
21 9Vo
352.01 3
14.10k
382
2,551.290
?.619,045
4 9o/o
2,761,156
5.490
1,158 1
1,315.5
13444
Florida
9 746,961
't? s38,071
327%
15 982.824
23 50h
18.801.332
',7.6%
4,223.406
225%
4 002.113
21 3%
3 259.6A2
17 304
447
19 014.434
1 50k
19,750 517
50%
21,141 318
7.4%
296 4
350 6
355 7
Flori da
6.338,075
4,21 0.760
42.3!%
1,420.8A2
4,835,475
40 0%
248
3.01
Flori da
5.333
57.598
18,37?
f39,947
1 0,215
65 547
13S.196
64 263
52,481
,2.741
6.723
Mlml-Dadc
County
852.218
716:t74
449.325
321 ,449
75,504
989,435
867,352
483,874
383 478
122,083
10,855
12.475
14 9o/a
3,203
-74 3%
5,069
58 3%
MiilLOade
County
05%
56%
?.9%
29.3V0
17%
10 3%
21 1%
11 .20k
77%
89%
O 4Vo
Florida
7,302,947
6.337.929
4.441 ,799
'1,896,130
965,018
8,989,580
7,420.AO2
1,9S8,979
2,421,a23
1,568,778
124,384
155,269
22 S%
38,679
-75.1%
64,810
67 6%
Florida
0.9Y0
9.5%
3.0%
23.0%
1.1%
1 0.8%
22.ff4o
10 6%
86%
8.7%
11%
Miaml{)adr
County
776,906
548,493
47 9Va
867,352
602.91 1
44 Aah
283
333
Populaton Charaeteristics
Mlml-Dadc
Cquty Flodda
Language spoken at homo otrerthan
Enolish
PeEons aged 5 and wer
Place of birth
Foreign bom
Vetemn status
Civilian populatror 1B and over
PeEqns agrd 1 and over
Same houe
Different h@se in the U S
Differe.t county in Flonda
Different @unty in another state
Abrcad
+/ =margin oterrorbasedon a gByo confrderce lwel
@Eus @mts may be mrrtrted torCssu Omt Oustron Rsolui@ (@R)
Employment by lndustry
Miami{ade
County
418
5.0s9
2.672
26.539
9,366
19.'158
10,155
6,984
351
54
684
Miami-Dade County
AvcE0. Annual Employm.nt,
"/oby CaLgoty, 2412
Natural Resoww & Mining
Construdion
Manuladuring
Trade TEnspotation and Utrllties
lnfomation
Fhancia AdiviteE
PTOleqq onal & Btgrnasl s6turceq
Education & Health Seaices
Loisur€ and Hospitality
Other Services
Govemm€nt
Labor Forca a8 Porcont of Populadon
Ag.d'18 ed Old.r
1990
20Q0
2010
2012
Personal lncom? (10@s)
1990
20o0
% change 1990-2000
201A
9! change 2000 10
2011
% change 20]G11
Earnings by Ptace ofwork ($000s)
1990
2000
% change 1990-2000
20 10
% ch8ngs 2000-10
2011
% change 201G1 I
Porron.l Bilkruptcy Filing Rat.
(p.r 1,00O populatlon)
2A11
2012
State Rank
Mte Fldda rumbe6 exclu# MEmlDade cudy.
Miani-Dad!
Gounty
1.0%
3.5%
42a
30 0%
2A%
79%
15.0%
18 4%
13 90k
4.1%
15.8%
MIaml-D.do
County
67 40A
65.1 %
63 1%
65.5%
MiEml-Dad.
county
$35.3s7,786
$59,154,21 0
67 3%
$s1 410,768
54.5%
$96,6s7 71 0
57%
$27,8e7 e33
$48 963,991
75.6%
$68,003.110
38.80,t
$71.598,405
53%
Miami-ead.
County
NA
NA
0
Florida
1.4Va
5.4%
5.0%
24.3V.
2 1qa
7.8%
17.1Yo
17 3%
15.8%
38%
16.3%
Florida
64 3%
63 B%
61 7%
62 5%
Florida
$2s3.s24.396
$466,&4,10s
$719.828.478
54 3%
$755 357,550
49%
$161.17S.093
$3'f2,145,16s
93.790
$442,4A1.289
41 7%
${59.056,456
38%
Flodda
406
NA
Mimi!ad.
County
$45 80S
$28 '150
$45 915
$44,002
$42,310
$72,933
$71 769
$58.682
$45,9S1
$21 .462
$28,708
$54,63s
Miaml-Oad6
County
51%
12 5%
93%
Miami{)ada
County
$18;191
$26 180
43.9%
$36 520
39 5%
$37 834
36%
$43.957 +A $421
$50.654 +r $56E
20 9%
28 9%
28.4
17 A% +/ O.3%
26 29b +t- 0.3
Florid.
$42.446
$27,000
$41,56i
$53,284
$38,621
$66.7%
$61.400
953.121
$45.112
$22,305
$s0.380
s47,896
Florida
6.3%
3.8%
11.3%
86%
Florida
g1 9,437
$29,079
49 60/6
$38,210
31 40k
$39,636
3 10k
$41,827 +/-5164
$57,592 +/- 6258
Employment by lndustry
Av.6g. Annual lrfag.,
?o12
Al industnes
Natural Reso!rce & Minrng
Construdion
Manufacturing
Tcde. Transportatron and Uhlitres
Lnformat on
Ftnfloal Actr! tres
Pro'essioral 3 BLs ness Soryice5
Edu€iion & Healih S€ruices
Leisure and Hospital ty
Other Seryices
Govemment
Labor Force
Un.mploymer* Rat.
1990
2000
2014
2012
lncome and Financlal Health
PorCapita PeFonal lncomo
1 990
21aa
% chang6 lSSO{O
2010
0,6 chanq€ ?000-10
2011
% ciange 201l}1 1
Modlan lnconc
lledian Household lncome
l,4edian Fam lv ln@me
+/- : m3rgin ot eror based on a 90% confiderce del
PeGent ln PoY.rty, 2011
All ages in poverty
LJndor age 1 8 in poverty
Ages $17 in famrlies in poverty
MiamlOadc
County
2,459 2
1S11
749
Publlc Education lnsthutlons
Tolal
Elffientary
Mildle
SenlorHlgh
Comblnallon
Ed ucationai attainmrnt
P.Eoni 49.d25 ud oldor
% HS graduat€ or hrgher
% bachelols degree or higher
+/' :margin ofetrorbased on a g0% corfderce ldel
Education
Miffii-Drd.
Courty
'+65204
7A
86
97
17 0%
25.1%
23 5%
Fl orida
3,194
1,911
599
600
378
85.50,t +/ 0 1%
26 .A% + /- 0.1Vo
Quallly of LIfe
Crime
Crime rate 2012 (index cnmes per
100,000 population)
Admisiom to pnson FY 2011-12
Admissions to pnson per'100,000
popu,abonFY 2011-1?
Wor*lF Ag.d 16 and Ov.r
Place of Work
Wofied outsrde County Ol rosldonce I 2o/o+/ A2%
Iravel Trme to Wod(
l,,1ean trflel time to work (m nut6s ) 29 2 +LA 2
+l - margin of errorbasd on a g0% @rfLdene lel.
Florid.
3,805 8
32,219
169 2
176%+/-01%
25.7 +L4.1
55
685
Miami-Dade County
Reportad County Govarnmenl Rov€nues and Expenditures
($000s)
Pgr Capria 6
%of Total
Charges for Seturces
($000s)
Per Caprta $
% of Totai
Jdgments, Fines, and Forfoits
($000s)
Per Capria $
% ofTotal
Miswllan6ous Rev6nues
($000s)
PerC6pita g
% of Total
Olher Sources
($000s)
Per Capita $
% of Total
MiamlOade
R.Y!nu. County
Total - A.1l Revenue Amunt Codes
{$000s) S9,548,902 4
Per Caprta $ $3,79r' 46
% ofTotal 100 0%
Taxeg($000s) 92,215.951 6
Per Caprla $ $880 56
%oflotal 232%
Permits, Fee, end Specia Assessments($000s) $135,539 6
Per Capita $ $53 Bo
o/o oflotal 1 4%
Intergovemmental Revenues
$1,157,115 5
$459.80
1? 1Vo
$4.027 ,821 8
$1,600 54
42.2Vo
$31,264 1
$12 +2
a 30k
$1 85.753.0
$73 81
1 9Yo
$1,795.456.9
$713.46
18 8%
Tnn8porta0on
State Hiqhway
Centerline Miles
Lane Miles
State Bridges
Number
State Fililiies
Euldings/Faci ilies (min. 3rl0 Square Feet)
Number
Square Footage
State Lilds
Conseryation Lands
Par€ls
Aqea96
Non,:onseryatron Lands
Par@ls
Acreege
Exp.nditurus
Total -All Expendture Aacount Cadgs
($000s)
PerCaplta $
% ofTotal
General 6overnment Seryrces"
($000s)
Per Caprta $
% olTolal
Public Safety
($000s)
Per Capita $
o/o ofTotal
Phfsrcal Envrronment
l$000s)
Per Capita g
% ofTotal
Transportation
{$000s)
Percapita $
% of Toial
Economic Environment
($000s)
PerCapita $
% of Totaf
Humtr SeeiGs
($000s1
PsCapita $
% ol Total
Culture / Retreation
($000s)
Per Capita $
% ofTotal
Other Uses and Nocoperatlng
{$000s}
P6r Caprta $
% olTotal
Coud-Related Erpenditures
($000s)
PerCaprta $
% of Toti,
Florlda"
$3s,205.022 3
$1,951 45
100 0%
s11,053,678.4
$612.72
31 4%
$'1,084.990.8
$60 14
3.'t70
$4,51 8.810 2
$250.48
12 8%
$'10.870.626.5
$602 57
30 9olo
$127,5098
$7.07
04%
$967,823.5
953 55
27
$6,581,483.1
$364 82
18.7%
Miaml{ade
County
9,452.557.0
3.786 42
'100 0%
46.925 4
645.73
0.50k
95,033.7
1,307.74
10%
24,192.3
332 91
03%
17.255 0
237 44
o29o
20,611 8
284 54
0 2ak
26,841 1
369.44
0.3v0
4.1131
56.60
0.0%
69.763 0
960 00
0.lVo
8.289 0
114 06
01 t
4 SB85
7.9980
Florlda'
36.616,300 3
2,04138
100 0%
6.284.042.5
350 34
17 2%
8,098,640.5
451 50
221
4,075,797 4
11 1%
4.4U,280I
248 33
12 2Vo
1,389,572.1
77 .47
3 B7o
3,339,215 3
186.16
g1%
1,640,080.8
91 44
4.5%
6,457 ,672 2
360 02
17 6%
4B.Bg
24%
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
' All County GdemmenE Except Du€l - The @nsolidated Cty of Jacksonville/ Ofld County
h!Lreso e tncludeo rn nur.crpa totdlsratlerhan coL.ly grernmentbta{s
* (NotCouFRelated)
State lnfrastructure
Mlami{ad.
county
580.7
2.7U.8
655
26.844.294
539
135,741 0
178
2012 Ad Valor.m Mlllage R.t.s
County
School
tvlmiqpal
Special Districts
aMsTU imlu&d in Mt Co6tt-wi#"Oudy" catqory
State and Local Taxation
Florlda
12.075I
43,138 2
6,661
224.145.642
38,681
3.222,919I
5,638
21 9.836 5
Mlaml-DadG county
Countt-wide NotCounlrwde"
o 7071
3 9930
0 9634 'r 4639
Oft,G d E6nom,cand Dmographi€ Ressrch
111 w. Madtson$r*t, sute574
Trltah.$e, FL 323996588
(8S0)4€7.1402 hdpr/ledr.nate fl us
ffi
:SLACKJOHN$TONMAGENHEIMER
56
686
The proportion of non-Hispanic whites has continually decreased over the past several
years and comprises approximately l5'h of the population. The number of non-Hispanic
blacks has remained fairly constant and comprises approximately 17% of the 2010
population. The area has also become less of a retirement Mecca and more of a working
and family community. The population categorized by age is as follows:
Miami-Dade County
Population by Age
Population by Age
Total Population
Age0to4
Age5to9
Age l0 to 14
Age l5tol7
Age 18 to 20
Age 2l to 24
Age25 to34
Age 35 to 44
Age 45 to 49
Age 50 to 54
Age 55 to 59
Age 60 to 64
Age 65 to 74
Age 75 to 84
Age 85 and over
Median Age
Averase Ase
2000
Census oh
2012
Census o/"
2,253,362
145,752
l5l,87l
160,754
94,836
89,577
115,297
337,433
361,966
150,878
13 1,888
l09,l4l
97,417
162,257
99,827
38,468
35.66
36.9s
6.47%
7.01%
7.t3%
4.2t%
398%
5.r2%
14.97%
16.06%
6.70%
5.85%
4.84%
432%
7.20%
4.43%
t.7t%
2,575,235
174,l3l
176,105
165,910
103,068
102,198
r41,449
312,456
339,507
r95,979
184,426
162,157
138,123
204,194
124,306
50,626
38.50
38.58
6.76%
6.86%
6.44%
4.00%
3.97%
5A9%
t2.t3%
13.t8%
7.6t%
7.t6%
6.30%
s.36%
1.93%
4.83%
t.97%
Source: Miami Downtown Development Authority
57
687
Education
The Miami-Dade County Public School District is the largest school district in Florida
and the fourth largest in the United States. As of June,2013, the student enrollment was
341,413 in Grades Pre-K through 12. There are 197 elementary schools, 59 middle
schools, 21 K-8 Centers, 37 high schools, 53 charter schools, 23 vocatronal schools, 13
magnet schools, 16 alternative schools and 5 special education centers.
Miami-Dade County has several colleges and universities. The University of Miami
(UM), founded in 1926, is the largest private university in the southeastem United States.
UM's main campus is located in Coral Gables and has grown to include the medical
campus and the James L. Knight center located in Downtown Miami, the Rosenstiel
School of Marine and Atmospheric Science on Virginia Key, the John J. Koubek Center
in Little Havana and the South and Richmond campuses in southwest Miami-Dade
county. It is estimated the UM community spends well over $l billion annually in
Miami-Dade County. The Fall2012 enrollment was estimated at 16,172 students. The
university has more than 13,428 full- and part-time faculty and staff, ranking them as one
of the largest private employers in the county.
Established in 1959, Miami-Dade College now offers a two-year degree as well as a
limited four-year undergraduate degree. It is a state-supported school with 8 campuses
located throughout the County. There were a total of 69,959 credit students enrolled in
the Fall 2012.
Florida International University (FIU), established in 1972, is one of Florida's 11 state
universities. With a 2012 enrollment of approximately 50,394 students, FIU offers more
than 190 bachelor's, master's and doctoral programs, as well as a medical school. FIU
has two campuses totaling 573 acres.
Transportation
Transportation services for the area include an expressway network of three major north-
south and east-west routes. In the 1980's, a 22.5-m1le long rail-based rapid transit
system, coined Metrorail, was constructed along a north-south route, and is connected by
shuttle to Miami International Airport and the Tri-Rail system that links Miami-Dade,
Broward, and Palm Beach Counties. The Metrorail is augmented by a "Metromover"
loop system that circles central downtown, Brickell Avenue and the Omni area.
According to statistics published by Miami International Airport, in 2013 there were a
total of 19,37I,680 intemational passengers (both deplaned and enplaned). Domestic
passengers totaled 20,095,764. Domestic ranking data for Miami International Airport is
as follows:
58
688
2012 U.S. Airport Rankings. Number 1 for international freight, 1.85 million U.S. tons.. Number 2 for international passeng ers, 20.2 million passengers. Number 3 in total cargo (freight plus mail service), 2.14 million U.S. tons.. Number 10 for total passengers (domestic and international services), 40.5 million
passengers.
The 600-acre PortMiami averages between 30-45 feet deep and is in the process of
deepening its waters to 50 feet. It is also constructing a port tunnel for improved
interstate access. It is the number one cruise port in the world, with 14 cruise brands and
31 cruise ships. In fiscal year 2011, over 4.0 million passengers came through the Port
of Miami and over 8.3 million tons of cargo was processed. A computerized cargo
processing system integrates the airport and seaport into a common network for clearance
with U.S. Customs and the Department of Agriculture, significantly speeding up the
process.
Economics
The Miami-Dade economy has shifted from a primarily tourist/agriculture orientation to a
more widely diversified economic base. A strongly Hispanic work force, the formation
of the Miami Free Trade Zone, and it's geographical proximity as an international air and
sea port have created a strong market for trade with South and Central America and the
Caribbean.
The 2011 major trading partners were reported as follows:
59
689
Rank Countrv 2011($Million)
Total All Countries $86,9957 Brazil $70,1682 Switzerland 912,220
3 Colombia S 7,705
4 China $ 4,703
5 Costa Rica $ 4,606
6 Dominican Rep. $ 4,094
7 Venezuela $ 3,707
8 Chile $ 3,639
9 Honduras $ 2,853
l0 Peru $ 2,264
Source: Miami-Dade County
The diversification of Miami-Dade County's economy, its growth as an international
trade and commerce center, a regional corporate center, and its reduced dependence on
tourism are all contributing factors to an overall increase in per capita income.
The20l2 per capita income for Miami-Dade County was estimated to be $22,596 and the
2012 median household income was $44,744. The median effective household buying
income for Miami-Dade County in 2012 was $39,219. The following statistics were
published by the Beacon Council:
FAMILY INCOME BY MUNICIPALITY
Municinalitv
Aventura
Bal Harbour
Bay Harbour Island
Biscayne Park
Coral Gables
Doral
El Portal
Florida City
Golden Beach
Hialeah
Hialeah Gardens
Homestead
Median Familv Income
$ 59,507
$ 83,570
s 43,409
$ 53,409
$ 98,553
$ 62,619
s 41,029
$ 18,777
$ 141,557
$ 31,621
$ 39,804
$ 26,409
Per Capita Income
$ 41,092
$ 67,680
$ 29,261
$ 22,923
$ 46,163
$ 27,477
$ 14,782
$ 8,270
$ 73,053
$ 12,402
$ 14,043
$ I1,357
60
690
Indian Creek Village
Islandia
Key Biscayne
Medley
Miami
Miami Beach
Miami Gardens
Miami Lakes
Miami Shores
Miami Springs
North Bay Village
North Miami
North Miami Beach
Opa-locka
Palmetto Bay
Pinecrest
South Miami
Sunny Isles
Surfside
Sweetwater
Virginia Gardens
West Miami
Unincorporated Miami-Dade
County Total
$ 61,250
$ 80,468
s 107,610
$ 25,909
$ 27,225
$ 33,440
s 39,385
s 68,431
$ 64,963
$ 56,892
$ 37,931
$ 31,760
$ 35,047
$22,742
$ 89,625
$ 122,526
$ 57,791
$ 40,309
$ 56,327
$ 30,823
$ 44,800
$ 39,000
N/A
$ 40,260
$ 137,384
$ 27,000
$ 54,214
$ 11,955
$ 15,128
$ 27,853
$ 13,523
$ 28,867
$ 26,134
s 22,963
$ 21,017
$ 14,581
$ 14,699
$ 9,538
$ 33,076
$51,181
$ 24,526
$ 27,576
$ 38, 375
$ I 1,098
s 21,139
$ 17,850
N/A
$ 18,497
Employment
Miami-Dade County's labor force is estimated to be 62.3% of the county's total
population. The overall unemployment rate in 2010 was 12.4%. Diverse major
employers include manufacturing and non-manufacturing firms, government, education,
electronic and biomedical firms. Top private and public employers include:
61
691
Top 10 Employers
Private Sector
Emolovment
University of Miami
Baptist Health Systems of So. Fl.
Publix Super Markets
American Airlines
Precision Response Corporation
Florida Power & Light Company
Carnival Cruise Lines
Winn Dixie Stores
AT&T
Mount Sinai Medical Center
16,000
13,376
10,800
9,000
5,000
3,840
3,500
3,400
3,100
3,000
Top 10 Employers
Public Sector
Emolovment
48,571
29,000
19,500
17,100
12,571
8,000
6,200
4,309
2,700
2,395
Miami-Dade Public Schools
Miami-Dade County
Federal Government
Florida State Government
Jackson Health System
Florida Intemational University
Miami-Dade College
City of Miami
Homestead AFB
Miami VA Healthcare System
Although not as big a part of the Miami-Dade economy as in years past, tourism
continues to be a major economic force in the local retail trade. Miami-Dade County has
over 460 hotels and motels and 50,000 rooms.
Housing
2006 saw the end of the upward climb in sales prices for most housing types in Miami-
Dade County due to rising interest rates, insurance rates, real estate taxes and some
overbuilding. As a result, the sales velocity in new projects enjoyed by developers in late
2004 and 2005 has decreased and some market areas now have an oversupply of
62
692
available units with many projects still under construction or stalled. This is especially
evident in southwestern Miami-Dade County.
According to statistics compiled by Esslinger Wooten Maxwell, since January,2006 the
number of single family homes and condominiums listed for sale far exceeds the number
ofactual sales.
In July, 2014, the average asking price was reported to be $1,002,000. During the same
time frame, the average sale price is sfill4% below that reported in 2006. The "days on
the market" has risen from 63 to 73 days during the same period surveyed, but is below
the "days on the market" reported one year prior of 75 days.
Miami-Dade Single Family Homss
20,000
t8.000
18,000
,4,000
12,(m
1O,DlO
&0o0
8,06
4000
a0!0
0
Miarni-Oade Single Family Homes
@Avg L,f (f.00,0)
EAvg 6P(t,00O)
+Avg$tsF925?
63
693
The condominium market has been similarly affected. The average asking price for
condominiums is now above the average price estimated in January,2006. The current
average asking price for a condominium is $656,000. The average sale price of
$346,000, however, is still l2o/obelow the average price of $389,000 in January,2006.
The "days on the market" of 87 days is still above that reported in January,2006 of 69
days.
Miami-Dade Gondos
SOCUtststsFOaaG+a{PCAPl9eQee Qeeee?===<s=s ====:== ====
Miami-Dado Condos
t8{t0
tr00
l6{t0
!n00
$400
ll00
l?00
t100
to
@Avs LP(t,000)
@Avg st(t,000)
*Avs lJ$F
SE€ECqEEEESEEEEE iE gE iE E EESAgE€E?TEuaaN.e@ca€aNoNfiooo
64
694
Days on MarkeUlnventory
oaootsrFEt6stac600000r(sflRtatrite8EtBt8F988f, 3Cff S5EEFEE5E5sE555555 5
q*ltomSrpply
.sHomOOM
*Cond. t0pply
4*Condo I,oU It
According to information published by Reinhold P. Wolff Economic Research, Inc., the
number of new single family homes sold in Miami-Dade County in2004,2005 and2006
ranged from 12,079 to 12,749 each year. As of the end of 2007, only 5,420 new homes
were sold, a decrease of approximately 55o/o and in 2008 only 1 ,225 new homes were
sold. In 2009,'7ll new homes were sold and in 2010 635 homes were sold. Ln201I,652
homes were sold. 2012 saw a big increase over 2011 with 1,090 new homes sold;
however, 2013 saw a slight decrease. The new condominium market went in the opposite
direction wtth2,246 units sold in2011 and 1,332 sold in 2012. 2013 experienced another
significant decrease.
65
695
Single Family Homes
Condominiums
New Homes
Sold
4,997
4,696
6,494
5,643
12,227
12,749
12,079
5,420
1,225
77t
63s
652
1,090
o/,/o
Period
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
20t0
20rl
20t2
20t3 1.017
-t3%
-s%
28%
-r5%
s4%
4%
-6%
-ss%
-71%
-37%
-t7%
3%
67%
-7%
New Condos
Sold
o/,/o
Period
2000
200t
2002
2003
2004
2005
2006
2007
2008
2009
20t0
20tt
20t2
2013
Ch
3,079
3,130
4,153
5,881
7,789
24,501
19,654
13,516
9,602
4,556
3,701
2,246
T,332
577
8%
2r%
27%
23%
32%
2t4%
-20%
-3t%
-29%
-s3%
-18%
-39%
-4t%
-57%
66
696
Summary and Conclusions
Until the early 1980s, South Florida and Miami-Dade County experienced considerable
population growth. Growth slowed in the 80's and early 90's but has been on a steady
incline since 1993. Growth in Hispanic population perpetuates Miami-Dade's reputation
as an international "melting pot". Population trends also indicate fewer retirees migrating
to the area with strong growth in the working age sector. In 1992, Hurricane Andrew had
an impact on the area's population, as well, especially in the southern portion of the
county. Many residents permanently relocated and for the first time in years, population
statistics showed a decline.
Projected growth trends for different areas of Miami-Dade County have targeted
northwestem Miami-Dade, West Kendall, and south Miami-Dade to experience about
three-fourths of all population growth in the county between 1990 and 2010. The coastal
ridge and barrier islands have little remaining developable land, and growth there is
limited to redevelopment.
67
697
ADDENDUM B _ PHOTOGRAPHS OF THE ST]BJECT PROPERTY
68
698
PHOTOGRAPHS OF THE SUBJECT PROPERTY
1. Looking southeasterly from the perimeter road - along western boundary of
subject property on left.
:-j",:i\;\
:;;,--:_r.1,:Ii,.,l l ii
,€.#liill
2. View of western portion of the subject properly - looking southerly from the
perimeter road.
69 :SLACK
699
PHOTOGRAPHS OF THE SUBJECT PROPERTY
4. View of eastern portion of the subject property - looking southerly from the
perimeter road.
70
700
STREET SCENES
5. Looking easterly along the perimeter road - subject property on right.
6. Looking westerly along the perimeter road.
7l
701
ADDENDUM C _ COMPARABLE LAND SALES
72
702
Location:
Legal Description:
Folio Number:
Sale Information:
Grantor
Grantee
Date of Sale
ORB/Page
Sales Price
Terms
Unit Price
Prior Sale
LAND SALE NO. 1
Southeast corner of Collins Avenue
Town of Surfside, Florida
Lots 7, 8, 9, 10, 11 and 12, Block
MAR NO. 5, Plat Book 8, Page
County, Florida
14-2235-006-0180, 0190 and 0200
and. 94th Street,
2, ALTOS DEL
92, Miami-Dade
9379 Realty Corp.
Chateau Ocean, LLC
March 26,2012
28048t4756
$50,000,000
Cash to Seller.
$168.06 Per Buildable Square Foot (Estimated)
$437.39 Per Square Foot of Land Area
None Within Prior 3 Years
:SLACKJOHNSTONMAGENHEIMER
73
703
Physical Description:
Land Area
Topography
Shape
Frontage
Zoning
utilities
Comments:
Verification:
At time of sale, the site was improved with an operating hotel. The site is proposed
to be redeveloped with a residential condominium project.
114,314 Square Feet
2.62 Acres
Level and at, or near, street grade.
Rectangular
Collins Avenue andg4th Street
"H-120" (High Density/Tourism); Town of Surfside
All available to the site.
Broker; SJM
74
704
PHOTOGRAPH OF LAND SALE NO. 1
RENDERING
::::::l]:Yu::.':,:l\.\
:::::::::::::::::::::,::': i
Ei:!::::::::::*+-.=
:::i:1:::::r::i'-:r::ii!i:
:lll:ll:llr::::.:l:
F=..:.,.
75
705
LAND SALE NO.2
East side of Collins Avenue at N.E. 102nd Way,
Village of Bal Harbour, Florida
Tract A, OCEAN FRONT SECTION OF BAY
HARBOR, Plat Book 44, Page 27, Miami-Dade
County, Florida
t2-2226-001-0190
Location:
Legal Description:
Folio Number:
Sale Information:
Grantor
Grantee
Date of Sale
ORB/Page
Sales Price
Terms
Unit Price
Prior Sale
Bal Harbour Club, Inc.
Consultatio Bal Harbour, LLC
June 11,2012
28146t1406
$220,000,000
Buyer assumed the existing loan that
principal balance of $135,000,000
purchase price).
5259.69 Per Buildable Square Foot
$912.12 per Square Foot of Land Area
None Within Prior 3 Years
had an unpaid
(6T% of the
:SLACK
JOHNSTONMAGENHEIMER
76
706
Physical Description:
Land Area
Topography
Shape
Frontage
Zoning
Utilities
Comments:
Verification:
241,196 Square Feet
5.54 Acres
Level and at, or near, street grade.
Rectangular !
Collins Avenue and the Atlantic Ocean
66PD" (Planned Development District); Village of Bal
Harbour
All available to the site.
At time of sale, the site was improved with
acquired for redevelopment of the site with a
a clubhouse and tennis courts. It was
residential condominium proj ect.
Grantor's Attorney SJM
77
707
PHOTOGRAPH OF LAND SALE NO.2
RENDERING
78
708
Location:
Legal Description:
Folio Number:
Sale Information:
Grantor
Grantee
Date of Sale
ORB/Page
Sales Price
Terms
Unit Price
Prior Sale
LAND SALE NO.3
East side of Collins Avenue, south of 172"d Street,
Sunny Isles Beach, Florida
North 100 feet of the South 300 feet of Lot 2,
TATUM'S OCEAN PARK SUBDIVISION, PlAt
Book 10, Page 64, Miami-Dade County, Florida
3t-22t 1-004-01 10
Palermo Beach LLC
PMG - 52 Sunny Isles, LLC
September 4,2013
288t3t3s84
$31,646,000
Cash to Seller.
$185.11 Per Buildable Square Foot
$851.50 Per Square Foot Land Area
March, 2012 - $20,000,000
79
709
Physical Description:
Land Area
Topography
Shape
Frontage
Zoning
Utilities
Comments:
At time of sale, the site was
residential condominium project
the buyer acquired TDRs from
number of units for this property.
37,165 Square Feet
0.85 Acre
Level and at, or near, street grade.
Rectangular
Collins Avenue and Atlantic Ocean
"MIJ-R" (Mixed Use - Resort District); City of Sunny
Isles Beach
All available to the site.
vacant. It was acquired for development of a
to be known as Muse. On a separate agreement,
the seller which increased the floor area and
Verification:Broker; SJM
80
710
PHOTOGRAPH OF LAND SALE NO.3
RENDERING
81
711
Location:
Legal Description:
Folio Number:
Sale Information:
Grantor
Grantee
Date of Sale
ORB/Page
Sales Price
Terms
Unit Price
Prior Sale
LAND SALE NO.4
20t3AedalPhdossFny S;;"_rS-. .- : '"Y.:.:- ,,,,....---
East side of Collins Avenue, north of 6Jth Street,
Miami Beach, Florida
North 37.5 feet of Lot 45 and the South 25 feet of Lot
46 and the South 62.5 feet of Lot 45, Block l,
AMENDED PLAT OF 2ND OCEAN FRONT
SUBDIVISION, Plat Book 28, Page 28, Miami-Dade
County, Florida.
02-321 1-007-0430 and 0440
6747 Collins Development Corp.
6747 Collins Development, LLC
February 3,2014
290381t6s6
$21,000,000
Cash to Seller.
S224.l2Per Buildable Square Foot
$504.27 Per Square Foot Land Area
March, 2008 - $15,000,000
82
712
Physical Description:
Land Area 41,644 Square Feet
0.96 Acre
Topography Level and at, ornear, street grade.
Shape Rectangular
Frontage Collins Avenue and the Atlantic Ocean
Zoning 6(RM-3rr (Residential Multifamily, High Intensity
District); Miami Beach
Utilities All available to the site.
Comments:
At the time of sale, the site was vacant and at street grade. It was acquired for
development of the site with a residential condominium project to be known as
The Bath Club Estates.
Verification:Grantee's Representative; SJM
:SLACKJOHN$TONMAGENHEIMER
83
713
PHOTOGRAPH OF LAND SALE NO.4
:i
:sL.ACKJOHNSTONMAGENHEIMER
RENDERING
84
714
Location:
Legal Description:
Folio Number:
Sale Information:
Grantor
Grantee
Date of Sale
ORB/Page
Sales Price
Terms
Unit Price
Prior Sale
LAND SALE NO. 5
Northeast corner of Collins Avenue and 69th Street,
Miami Beach, Florida
Lengthy Legal - Lots 5 and 6, Block A, CORRECTED
PLAT OF ATLANTIC HEIGHTS, Plat Book 9, Page
14, Miami-Dade County, Florida.
02-32t 1-001-0050
FL GS Collins Avenue, LLC
SMGW Golden Sands, LLC
April 9,2014
29t081499s
$26,000,000
Cash to seller.
$284.48 Per Buildable Square Foot
$639.59 Per Square Foot of Land Area
None Within Prior 3 Years
85
715
Physical Description:
Land Area
Topography
Shape
Frontage
Zonrng
Utilities
Comments:
Verification:
At the time of sale, the site was improved with a vacartt, three-story hotel. It was
acquired for development of the site with a residential condominium project.
40,651 Square Feet
0.93 Acre
Level and at, or near, street grade.
Irregular
Collins Avenue and the Atlantic Ocean((RM-3rr (Residential Multifamily, High Intensity
District); Miami Beach
All available to the site.
Broker; SJM
86
716
PHOTOGRAPH OF LAND SALE NO. 5
:SLACKJOHNSTONM,\GENHEIMER
87
717
ADDENDUM D - TRANSFER OF DEVELOPMENT RIGHTS ORDINANCE
88
718
l,n*! I i1,'J
Mlaml Beach, Flqrida, Cod* of OrtJinaFcoe >> $uhpnrt E - L&l,lD ilEVELOFiBIEITT Rf;GULATIONS >> Chapt$r 118 -
ADMIilISTRATION ANO REVIEW PROCEOURES >> ARTICLE V. ?RAT{SFE* OF DEVELOPMENT RIGHTS }}
ARTICLE V. TRAHSFER OF OEVELOPMENT RIOHTS
Sec. I l8-?21 -lrdeot
s-q-sJLia??. T{s nde r a n
$ei- 1 18-223. Frocrdures [ertaininq lo the trarsfer of develooment ri$hlg l"r.tl{tsg-d_.Jl-Q-p-L0rea)
$ec.118-22{. }nt*nt.
This article is inlended to provide for greater flBxibility in tho pattern of developrrenl by allowing for lhe lranefer
of developmenl rights (unused lloor area! from one parcel lo anolh€r.
{ord. r,ro. 89-tf65, $ 6-?9{A}. elt. 1Q-1-89: Ord. ird. $S-30.r8, $ ,{Al, /-' r-96J
$ec. {{8-222. Transfer and receiving districts.
Except as provided in section 118-224, development rights (unused floor area) shalt only be iransferred from
proper{ies in designated transfer districls to properties in designaled reeeiving districts. for purposes of this ssction
ihe R-PS1 , R-PS2, C-PS4, GU and the MXE mixed use enlerlainment dislricts are deslgnaled as lransfer districls and
the CD-3 (when not located in lho architectural district), the C-PS2 and C-P$4 districts are designated as receiving
di$tricts; however, lhere shall be no transfer of development righls (unused tloor area) from a GU district lo any di$lricl
olher than the C-PS4 di$trict. ln a locally designated historic dislrict or site, a histqric slruclurs {*s tisted in the hi$loric
propefly database) lhat has received a ta, credit or qualifies as a "corlified rehabililation" according to the U.S.
Secretary ot the lnterior Standards, may transfer its developmenl rights lo a hotel devolopmsnl. However, $uch hotel
dgvaloBmenl shall not be within the archilectural district but wilhin a receivlng district as liskd in this $ectiofi 6nd meet
all ol the reguirernenis of lhis seclion. For the purpcses of this seclion, a lol or porlio* thereof which is within or part of
a tocally designated diskict or historic site shall not be allowed to transter its devBlopm€nt rights to another properly
unless it is deyeloped as a parking lol or garage. Lots in a transfer district may be called transfer lots or properties and
lols ir a receiving district may be ealled receiving lots or properlies.
(otd No 89-2665, S 6"29(8,1. aff 1A-1-89: Old rtJo. $S-304& $ 'fBl
/-rr-96)
Sec. 118-223, Pro*edures pertaining to the transfer of development right* {unused floon area}"
(a) Awlicalion.(1) An applicant for transler of development rights shall file an apglication with the pianning and zoning
dkector who shall place the requesl on the agenda of the ptanning board after il is detennined thar lhe
application is complele. Filing and processing procedures lor placing the request oo lhe agenda shall be
pursuanl to lhe condltional use procedures ap lisled in article lV of this chapter.(2'l fhe applicaiion shall iocludE plsns. conslruction schedule, slatus of linancing and a general description
of the manner in which the projret shall be conskucted. Plans shall include, bul not be Nimited to, a site
plan, elevation$, landscaping as well as oiher item$ listed in section 1 18.1.(3) The application shall include subslaniiation of ho$r lhe project mrnpli6$ with the criteria lisled in
subseclion', 1 8-223(b).
{4}
89
719
th,fli('dc l,rgs.! nl.l
lf variances are required, the kansfer of development righls tunused lloar area) shali first be approved
by lhe planning board and t|ren the board of adjustment raay con$ider requesls for variances; howevar.
it is not within th6 board of adjustment's jurisdiction lo corsider variances relaling to the following
developmenl regulations: lloor area, llocr area ratio or tho$e regulalions lisled in subseclion$ 118-223(c)
{2), {4), (5}, (6}, (7) or (8). Deviation from these develcpment regulations are considered as an
amendment to these tand developmenl regutations and shall be considered pursuant to artiole lll of this
chaPter.(5) All ptojecls are required lo be approved by the design review lroard prior to consideralion by the
planning bcard or board of ad,iuslmenl-(bl Evaluatiqn citeria, A requesl for a transfer of developmenl rights (unusecl floor areai shall only be approved if
lhe planoiDg board linds lhat the application is consistenl wilh the following mandaiory criteria"(1) The project is conslsteni with the comprehensive plan and will not reduce lhe tevels of service set forth
in ths plan.
(21 The prolecl is consistent with the i*tenl of these regulatiors as set forth in section 1 t 8-221 .(3) The proiect provides adeguate o&$reet parking facilities, the enhancement or creation of view corridors
either through the building(s) or within open space that is in addilion to ihe required setbacks.
{4) The transfer of u*used llcor aroa is desirabls for purposes of eniancing the over*ll developmenti lhe
ffealion of view corridorsi improve$ lhe pedestrian enyironment, public fight-of-way and publicly owned
properly,
(5) The transfer of development rights (unused lloor area) accomplishes a public purFose that is consiolent
with the comprehensive plan.(6) The proposed developmeni shall be designed to produce an environment of desirable characler and in
harmony with thB neighborhood" The provisions herein are iniended to resrlt in a superior quality ol
developrne:rt and open space relationships with high standards for recreational and parking areas.
{7) A bgical and superior pattern of development results through the transfer of development rights (unused
floor area) rather lhan in projecls that would occur if the Froperty were developed ind€pandenlly ol on€
another.
{c} Developnentregulatbns.
t1) The project shall be consistent with the development regulations as sel forth in lhese Iand development
regulatians, unless the board at adjustment grart$ a variancs(s) lo such development regulations. (See
subseclion I 18-223(aX4) which lists wha{ types of requesls are not within the jurisdiction of lhe board qf
adjustrnent).
l2l The maximunt foor area for the entire project 6hall nol exceed the combined flcor area as determined
by the underlying zoning diskicls of each of lhe individual parcels lhat are shown on the site plan. The
amounl of lloor area lransferred shall be determined by the maximum permitted floor area allowed on
lhe transferring lot minus the provided floor area; bui, excluding floor area in parking garages and
commercial uses if lhey are included h a parking garage.
(3) lf he developmenls contain a building which is listed in the Miami Beach hisloric property database,
then lhe maximum allowed lloor area lhal msy be lransfened excludes the floor area in the existing
building if such building is designated as a local historic sile a*d it is substantially rehabilitaled in
accordance with tle Secrelary of the lnterior's Standards for Rehabilitation and Guidefines Ior
Rehabilitating Historic Buildings, A building permit and cerlificate of occupancy or cerliticate ol
compleliqn for the rehahiiitation shall be i$sued at the same tims or before a building pemit and
certificale of occupancy or carlificate of completion is issued lor lhe siructure on the receiving lol.(4) A receiving properly shall nol exceed the maximum aliorr/ed floor area provisions on a receiving lot by
more lhan ?0 percenl, Any floor area that is transferred to a receiving propedy and which is used as
units shall meet or exceed lhe average floor area per unit size provided in the building.(5) No more lhan 25 percenl of the required parking *hall bE Bhced in a building on a lol thal received lhe
transfer o{ development rights {unused floor area}.
(6)
90
720
pxgr.l ofJ
ll a garage is constructed ofi a transfer lst, it shall contain relajl uses on the ground floor elevation lhat
lares Collins Avenue, Allon Road or Fiflh Slreet. The development regulalions pertaining tG parking lots
and garages are set forth in sub$ection 142-11321n).
{7) All lols coniainBd orr the sitB shall be within {00 feet of each other.
{8) Minimum dimension of a receiving tot shall be 200 feet wide and 50,000 sguare feel of lol area.
t$) ln a receivlng district, the lront setback lor the pedestal and the tower shall be 50 feet. Howeve., if lhs
projeot contain$ retail uses on thg gr0und floor lacing the street. lhe front setback for the pede$tal shall
be '15 feet with a height restriction of 20 teet end the lDwer front setback shall he 50 fest,
(10) Any project ihat i$ located in the dune overlay dislrict shall, at the requesl of the city, conlinue, exlend or
connect to the cily'e beachfronl park and pr+menade in accorda*ce with the established guidelines.
Projects adjacent to Biscayne Bay or Government Cul shall include a pedestrian vvalkway whieh may or
may not be accessible to the general public; however. walkways on-siles adjacenl to the Miami Beach
Marina shall be open to the gefier*l public.
{1 1) Transfe r proparlios in different projecls ironting on the *ar*e street which have a parking garage tnat is
50 pcrcent or more ot the tolal floor area of the building shall be no less lhan {00 leet from anolher
transfer properly thal is *imilarly developed,
{12) These regulations are only applicable when the receivlng property eonlains Rew conslruction on lhe
entire lol or if lhe receiving properly has a historlc slructure as a main permitlsd building.
{13} The planning board may impose condition$ on lhe proiecl to insure that lhe project is compatible vyith
the neighborhood, supports the intent af the$e regutalions. does not reduce the level$ of service as set
torth in the cornprehensive ptan and miligates any negative impacts that may result frorn the
development of a projecl under these regulalions.
{14} The design review board may require a {reater selbacl than that which is required in ordet lo achieve a
view corridor.(d) Rocorrdrhg of docume&fs. Wthin a reasonablo lime after lhe planiling board'E decision on tho requ€$t to
transfer development rights (unused floor area), a final order shall be recorded by the applicanl in the public
records of lhe county, againsl all af the propedios in the development. The final order shall be recorded againsi
the transfer and rec€ivlng properties. The final order shall include the amount of develop:nenl rights {unused
floor area) that was lrans{erred and received for each property and the amounl of requhed parking that shall
elvvays be made available lo lhe receiving property and be in lhe form of an irrevocable covenant running with
the land. Such covenant shatt only be dissolved if the floor area lhat was built on lhe recelving property is
comptetely remavsd, The applicant shall agree to bind lhemselve$, suece$$or$ aild all of the property in lhe
developmenl with regard to condilions, il any, that are placed on lhe develapment. All documents that are
required to be recorded in the public records of lhe counly hy those regulalions shall lirst be approved by the
cllY attorney.(e) Chaflges in lhe developmerli. The final orde(s) and documenls lh6t are required to be recorded againstlho
lropeny in the public records ofth6 county shall not be changed unless such change is approved by lhose
agencies and boards which were iilvolved in the inilial approval.
forcl. No S9"2665. S6-?r/Cl. ett lt)-1"89. Ord. rYo 96-3048 $ ,(CJ. .-17-96; Ond l/o 90"i10I, 54. ,"rI-SSj
Sec. 118-224, Developme*t agreements andlol interlocal agreements,
{a} Notwithslanding the terrns and provisions of sections 118-221 , fifrAzz and 'l 18-223, lransfers of devetopmenl
rights pursuant lo a development agreemsnt and/or interlocal agreement approved after October 1, l9g5 in
accordanc€with the terms of section 118-4, f.S, $ 163.3220. andlorF.S, $ 163"01. {herelnaffercalled a'F.S.
ch. 163, devolopmenl agreement'), shall be approved by the city commission either conlemporaneou$ly with
lhe approval ol the F.S. ch. 163, developmenl agreem€nt or during a subs€quent puilicly noticed hearing as
provided in thi$ $eciion. An approval by the city commission to tBnsfer developmenl rights as cont€mplated in
the foregoing senlence shall nol modiry, limit or supersede approvals, reviews 0r re$cmmsndallons required to
be issued by another board or comrrittee wilh jurisdiction over lhe project. as more particularly provided in
these lafid development regulations or the applieabte F.$. ch- 163, devetopmenl agraement.
(b)
91
721
I'nS( "l st i
An applicant f*r a trun$fer ol devel0pmenl rights under a F.S" ch. 163, development agre ement shall lile an
appliulion wilh the planning and zoning director who shall place the request ofi the city commission agenda
after ii is determined that the application is complete, The advertisemeal shall not be placed in lhat porlion of
the newspaper where legal notices and classified advertisemenls appear. The advertisement shall be placed in
a newspaper of general pairl circulation ifl the city and of general interesl and readership in the city, not one of
lirnited subject malter, pursuant to F.$, ch. 50. Vl/henever possibte, the adverlisement shall be in a newspaper
that is published al least five days a week unless the only newspaper hr tha city is published less than {ive
times a \q/Bek, The notice shall be published at least ten days prior to the commission rneeting, ltlotwilhslanding
the provisions of subsection 1 18-223{a), any applieation hereunder need only include the F.S. eh, 163,
development agreemenl and subslanliation of how the proposed transfer complies with the criteria $et forlh h'l
subsections (c) anci (d) of ihis seclion.
(c) The cily commission in considering any such epplication for lhe transfer of develqpment rights purcuant lo a
F.S. ch. 163, development agr€ement may grant its approval upon a delermination lhatt
(1) The proposed lransfer is consi$teni with the intent of lhese regulations a$ sel forlh in sestion 11$421;
l2l fhe proposed lranster is consiilent with lhe lerms and provisions of the F.$. ch. 163, dovelopmetrt
agreemeni approved by the city commission; and
(3) The applicanl agrees to $alisfy lhe city's off-street parking requirements lor the property in s manner
consistent rvith the F.S. ch. 1 63, developrnent agreefi]enl.
(d) With rerpect to property subject to a F^S. ch. 163, development qreement. in addition lo lhe trantfer and
receiving properties outlined in seclion 118-222. the p.opertie$ within lhe C"p$4 dislrict shall also be permitled
lransfer propeities. and properlies wilh lhe C-PSS dislrict shall be permitted receiving properties for those C-
FS3 properlies located south of Second Street and wesl of Washington Avenue or rryest of the $outhprn
lheorelical extension of Washingtdn Ave*re, provided the F.S. ch. 153, development agreement spproves
such a transfer. ln addilion,lo lhe exlenl specifically approved in lhe F.S. ch, 163, development agresmant,
transfer of developrnenl righls shatl also be permilled from a GU dislrict as a transfer property to a C-PS2 or C-
PS3 diskict (which is subject to a F.S- ch- 163, development agreement) as a receiving properly.
{e) Subseclions 1 t 6-223ta} through 1 18-223{d) shatt not apply to proposed transfer$ which comply with ihis
subsection. Within 30 days after lhe cily commission approves a lrsnsfer of devebpment rights, the applicant
shall record the final order in the public records of ihe county, wiich shall be recDrded againsl the lransler and
reeeiving properties. The final order ehall comply with subseclion 1 l8-223(d), exeept as provided in this
subseciion.
I0..J. Ars 8a-2d65, S 6-p0f0j. o,{t. 1 O-l "89: Ord No 96.3M8. S 1 lC}" 7-t 7 -96}
$ocs. 1 18-225*{ I 8-150. fieserved.
:SLACKJOHNSTONMAGENHEIMER
92
722
ADDENDUM E _ I.1 ZONING CODE
93
723
fulunicodc Page I of3
M*ami Beach, Florida, 6ode of Ordinanc€s >> Subpart ts - LA!{tr PEVELSrMENT REGULATaONS >> chapter 142.
ZANNGDISTRICTS&NDREGULATIONS>>ARTICLEf*,.OI€TRICTREGULATIONS>>DIV}SION11. I-1 LIGHT
IiIDUSTRIAL EISTRIGT >>
Brvrsror.r r rl fr LrcHt
INDUS'rRIAL 1s'rRffi
Is,.
pF* 14?.3ff1 qumpFe.
SeS, 1jlz-{ff ..}tain bermitied-qseg*
Sac. 142:483. Conditionsl uses.
Secs. 142-.t8f l 4?-51 0. Reeryed.
Sec, 149481. Purpose,
The pdmary purpose of the l-1 urban lhht industrial distrio't h ta permit lighl lndustrhl uses lhat ars generally
compatibb with one another and wili adloining residential or eommercial dislricts. Uses lhai are compatibte and
complemenl light industrial uses, such as a limited range of offices, and commercial uses shall abo be permitted.
This dislrbt slall nol include any residenllal use!, except as provided herein-
ao,"d. Mr.83-2665, SO-14{$A},eff. f0-1-89:0,d.$6. Sl-tlF/. e$.11-?-sf:onl. ffo. g0-rO5O, Sa 7-17-90iOftr ff6.2{)0r-33tr. g
I 1A^17-81; Ord. Aro. 2$EBJE06, $ ,. 6-250Si Ord. il*.300P-30f3, g 1. ,&r{-'$l
$ec. 142482. Main permitted uses.
The main permifled uses in lhe l-1 urban light industrial district are lhose uses lhat are consistenl with the
distrbl purpose including lhe following:
(1) Assemhly or packaging of goods Bot utitizing heavy machinery. including food and beverage
products, small elec*ronios, walches, jerarelry, doc*s, musical lnstruments, and products from
previousli prepared materials (doth, leather, canvas, rubber, elc.);
(2) Light rnanufacturing. nol utilizing heavy machinery, including; ceramb producls, ghss products, hand
lools, and eleclronb equipmenl;
(3) Professional, business. research or admin'slrative oflices, eilher as a main permitted use or as part ol
a permitled lightinduslrial use;
14) Prirrting, engraving. lhhognaphing, media servbes and publishing, nal ulilizing heavy rnachinery;(5) Wholesals businesses and sale$, t/varehou$es, mini afld olh€r storage buildings, and distribution
facililies, oxcspt tho$e doring or distributing flammabls or exphsiye matefial$;(6) Hand car wash Eervicasi
m Adban studios, inclucling, but not limited to, crafls, fumiture, cabinel and rruood working shops, glass
bk rfiing and samihr shops:
(8i Plumbing, eleclrical, air mrditioning and other sirnilar type shops, which rmy wholesab and slore
parts oa sile;
(9) Tailoring servkes. includkrg dry cleaning;
(10) Main use parlting garages and pa:kirg lols;
(11) Utilities;
(12) Landscaping services, including nursery facilhies;
(13) Comnercbl uses that provide supporl servies lo the l[ht indudrial uses and to lhe adjacenl RM-3
resideflts, including reiail sales, photocopying. coffee shop, $afidard restaurant, video rental, bank;
94
724
Iv{rmicodc Page 2 ol3
(14) Marine-related use$ (when located adjacenl lo waterfront areas); and
(15) Any use similar and compalibb to lhe uses described in lhis distrlet and the districl purpose as
delermined by tha planning dir6ctor.
fsrd. Nr, 80'266,5 S 6,r4{A}t2). et!. 1c.1 89: 0.d. No. 91"2767. eff. ,1'2-s1;(},d. r1lo. 200fi-r60& $ 1, 6.25.0S; Q!d. No. 2&9 3563.
s r. 1o-f4-o9l
Sec, 142-{83. Csnditipnal uses.
The conditional uses in the l-1 urban light induslrial dislrb'l arel
Any use that includes the retail sale of gasoline;
Automobile service slations;
Mechaniml car wash facilities;
Auto repair;
New constru{iion of struclsres, as defk}ed in sedion 1 14-1, of 50,000 square leet and over, wh;ch
reylery $hall bo lho first slep in lho ploces$ beforo lhe roview by sny of the othor hnd developmenl
boards;
Developmenls oil properties greater than 20,000 square feet of lot area;
Machine, welding, and priniing shops, invofuing heavy rftachinery;
Reclcling receiving statbns;
Ulilities;
Residenthl uses, ineluding liye+'rork units, when included in rehabilitation of bufldings exislifig €s ol
Oclober?4,2009;
(11) Neighborhood impact establishmenl; and
(12) Towing sewices: Lols revierared pursuant to lhe conditional use process shall also cor*ply with the
following cdteria:
a. A schedule of hours of vehicle slorage and of hours of opcration shall be submitted for review
and approYal by lhe planning board.
b. If the towing yard is proposed to be wiihin 100 feet of € propeffy line of a lot upon wh'ch there
is a resideoliaf ose, lhe planning board shall analyze the impacl of such $orago and/or parking
on lhe residential use. The analysis shall include. bul not be limited to, visual impacls, noise,
odors, effec,t of egress and ingress and any olher relevant faclor lhat nray have an impact on
the residenlial use.
c. Touring yards musl be fufly screened from vieur as seen from any right-of-way or adjoining
properiy, when vierived from liye feet six inches abcve grade, with an opaque wood fence,
masonry wall or other opague screenirp device nol less than six ,eet in heighl.
d. Parking spaces, backup areas and drives shall be appropriately dinrensbned lorthe type of
vehicles being parked or sl6red"
e. Towing yards shall be required to salls$ ihe landscaping requiremenls of ubsedion 126-6(2j,
and shall be sublect to the design revlew procedures, requirenents and crileria as set forih in
chaptar 118, article Vl.
(13) Main use pa*ing garages;
(14) Re$aurants wilh alcoholic beverage licenses (alcoholb beverage edablishments) with more than 100
seats or an occulanoy conlenl (as detennined by llte fire marchal) in excess of 125 persons and a
floor area in excess of 3,500 square feel.
iGrd ff. €9-?665, S 6-f.rfil{i}.4ff. 10-t-89: &"d. ni1. 9l-!762 etf. tt-2-9t: od. Alo. !00&J5r3. $ t. 5-10-06i ord. Nd.2@.6-3514,
$ ?. ,5'10-*$ Otd. l,to 2{}O6-351 r, $ t, 7-12-16r Ord. No. :008-3SrS. $ f, 6-2.}fS; Ord. ldo 3009-3663, $ f. 10-1{-O9; Ard No.2O12-
3186, $3, 12-12-12)
Sec- 142484. Accessory uses-
The aocessory uses in the l-1 urban light indu$dal dislrict are as follows: Those uses customarily associaied
whh the district purpose. (See article lV, divlsbn 2 of this chapter).
(1)
(2')
(3)
(4)
(s)
(6)
(n
(8i
(e)
(10)
:SLACKJOHNSTONM^![GENHEIMER
95
725
I\.'Iuni*ode Pagrl 3 of 3
{t3,d. Na 89-2fi65. S 6-r4{6jf4,}. efi fS-1-89; (kt}. N{i. 91-2767.e|f. 11-2-91:Ord irro. 06.305O. S 2 f-rl-96, Ord fuo. 208r-332S. $
2. 1(t-17-At: $rct Na.2n68.1*fi& S i 6-25-0SJ
Sec. 142485. Prohibited uses.
The prohibited u$6s in the l-'l urban llght induslrial di$rid are acoessory ouldoor bar counters, bars, dance
hatls, or entertainme*t establishments (as defined in section '114-l of this Code) and residenlhl u$es. exoept a$
provided for in subeection 142483(10).
ao/d. Art Er-2665. S 6-?4($f51. *ff. fi-1-89; 0rrr. tutr:. $1-2767, eff I f-?-g'l: Ord. lJo. SdJ&*?. 5 2 7-17.95, Ord No. 2ffJt-3328. S
3, 10-17-01: Ord No. 2ffi.1.J445, $ r. 55-04: C.rd. Na. 2ffi8-3608 $ t. 6-?5i08i Crd. Na XO9-366.]. S ,, f0-rC-dSJ
Sec. 142486. Development regulations.
There are no lol area, bl width or unit area or unit size requiremenls in the l-1 l$hl industrial dislric't. The
maximum lbor area ltttio, building height and story rcquirements are as follov\rs;
(U Maximum lloor area ratio is 1.0.
(2) Maximum buiding height is,40 feet.
(3) Maximum nurnb€r of stori€s is four.
iO,d. tur^ e$-r6d5 $ 6-r{(3}. etr ,0-r-80r Ord. No, $6-3650, $ ? 7-17-9$, Ord. &a^ 07-3091 $ 2. i&8-9I, Od. AJo. 9$-310l, $ 1. 1.
21 -98)
Sec. 142,{87, Setback requirements.
The setback requiremenls for {he Fl light industrhl diSrbt are as follows:
(1) Frant yard:20 feet when abuliing a residenlial distriqt, qtlerwise nonp.
(2) Side yard, rhter*:r Ten feet when abutting a residentiat districl, olherwise vrone.
(3) SrUe,4ad, facrhgr a streef Ten feet wtren abutting a residenlial district, otherwise none.
(4) Rear yad:Ten leel when abutling a residenlial dis'trid, othenadse none.
{Ord &o. &&26S5 I $-r4(C). etf '10-1-89. Or{. No.2ffii*.3d63. $ t. ,r-r,l-O9l
Secs. 142-{88*t4?610. Reserved.
FO0T!'IOTE($);
-- {61 --
Cro$s refurancs- gr,,slne*ees. ctr. ,S.J@!l
96
726
ADDENDUM F - TERMINAL ISLAND EXISTING AND CONCEPTUAL PLANS
97
727
Terminal lsland
Miami Beach
23 July IO14
fsrnjnal lEland D&[cp@a Siu
Orrut
l,lelll€Btd Fe$tsr^l' Pe?trtsts
Itle{8atd F4eist + Pettn*rs
:SLACKJOHN$TONMAGENHEIMER
98
728
Imirol lokutd Dweloporm gfs
E trtlng Frcmfa or rtb - GhEd tstB
r'*
--/ -/feoritFl ldBnd oalt@€rn $ie
Ertissg Felll{tr otr rltE " seiild l"ml
fiF*
\ .r-lr--{-----?. {.l{}fiIiilillini. ! ii.r;i
99
729
Ie'mirE] l&lnd:D*lo9trsra S1E
ErEilftirxrfibrsstr. :::
..: e'q!0
,.,: ,'504
4,099
, lirryni'sr.6s
l,
11'=
ffif**&
t0,us
6rio
a.!qq
re;go
,roroo
s
,.Eflfl*frrfrPlF, "t=
rllm(dl ,..r: ::.r. fxr*ailultqhn :
;li . 'rdd,1h[!n*i#&
.t: I Ibt*:g*B.l SlBr{i.: :!q.!BrYiii.rc
loLt Fh.t agaalLt€o
:::l: . rPfftin* iiii $r'"
sf..ft" ."
.Sr&st'eqr*rW
100 :SLACKJOHNSTONM.AGENHEIMER
730
T.mi*t lstind B&olopmd Sib es.,,. ! ia +. .
PEposod Cll, fellltla Lffil Ot .. \;
F*s'tBr i F{${Xn*rs
T
..!,
^.:.,15
&.&e**r{6}a*
tue tuiiiiiri
::r
:{qtary!st*l t. l:ter.
.=: a{r{il:,:r rBt${t
::= ., $*lr:' l&s
,i*d; '' j :::::, ra.&$: .a&&=: ,e!$
'.:r uiM''l',&d,
*B tr}!!t6d& {tqt
k :.:::: 1i@*
Hdukid $,la.a:::
iHIA*M},lffi
CtPffiF &i#, ,1
,,. e*F. . tu
: &* r:16
kbe qss: : eg$ql$.4d ge*=lt ::Id to
t* :!ll
tt,ll.litfi *Witd*lsiti{+:
K\]N tu#,:.,':"1,
lliln\]\$ kEYIY
..a::ry ir -.-,,i-,;::: i :_:i
lx
&*{* &iki.r*Er
t{6qgifd !i*rr}:r i Fiirn*rsIemisal lsbnd Dfleioparol S,ls
Prop6€d tlty f*lrltlgx ts€l tt
L--l-t-,0ro?0 66 ,00 *
7i.1i:::.- !!!*ir tu+r*Y? i@ i!
:SLACKJOHNSTONMIIGENHEIMER
ErliSJ:hr*r8.rd!ra{ 6iEdr
101
731
Iemirel lel*d Demlopmen Sie
PEpos€d alty f*l,|!lB Lsl 02
1
r.@ffiri
hi*ffi tss
Senu ro&d
katddhe ?rsd
HlldtrhaMd
att&{tf tus SlMc#n $qr.1$ffidl
?.d!#ts.'ktuMr
*:)!,. *r i 3J rbit tdayr {tff S
: Rn*w ln*d
Ismintl lsland D3€l6phed SiiE
Profosea Clty f*ltlfle lel 02
r--r-L-".---- r0 10 20 50 ,00
k!*'8 r{d's&t*rkpi awd
^ '-:.1
a
t{eugtrd P*sirr : F;lrtrers
I selsJ
102
732
Isminrl lrland Dwolopmsnl Sillr
Lwt j
IsmiRJ lrlrnd Deetopdenl Sib
ls6l rI
Sters{&Nrid
f,:# A+rd &*:.*: rl
Ft,*q{ E e{)e?qa*
kr|*ta*&M*i
C:!r &r e,:..r6rnu
ffi\n\ Li iltrr4F4
(dd!@t, tu{\ri
\ '''!r\
L-"-:-"--"
- '"'-n-\tth* Frsie, i psrtneru
\\'r
kil&rls*&dlHq
\,
F*51ur.i P*rirsi$
103
733
i:,--\i:-.-'N
Tirmirnl l*l6nd Oa@ld}rflFd Sil,]
'\::,:'::
Iemj6l |rUsd Dael6p6*ol gits
Frcp€ed Clty #ellatl$ - Ssetlrn Al
t
Hqlvgrrd FoEt*r 1 Pnrtflrrs
t04
734
knirol lsland Dwelopernl Silo
FEpGsd Cllf f*llltto5 - Scctbn SE
tlerf{8ird F#lq{.i. P}rl$r$
Tffiid haofld Dapkpnqtt S{e
A6rlrl Vh* Prop6.d lre,ibrurnr
\
1,i
Ii
l
i
lterltgard Fffi{rr+P*ts{B
r05
735
\--
i , &, rr$S&.
ff *,*yrnu.u*
xela!
u[{
106
736
\ &.,vs'd
\\\
tr€lar .i F*fasqru
o
u-)
1s
e
L5j
EuiU Pa*iig &xlSE
$riM irw sk* i+., st*p t 6trYi{* B$}s
Mffi Er€Ing She : do Ne Sh.p 2 brlB
Offi Autd,og 2
8u;d ow Shq 3
Mwe Eriolnq $nIp 3 ,nb Ns Shop 3 b*/1
*i*#,SartlErie 6sErs filn leFedry i& trlli** it SErag€
Dma Brlding 3
Ssil$ E6w st*ragE fe;lit i *!is+ e$d gan et ({B}}eq
Mw Elrilo! Shop I {{o N.r $huF I Bays
i4orr PiFl Wa'cnn* ;ne N8 SbBgd F.:ilsl tlep.rel!,)
Omr Brdd,og I
&uia litF Wd!r1{u@, frsI thd S6{itsdiri Ol&;etr *}d $rt{pe L4
frddE fls aM SaofftEn cllidrs aad We,afi luqc rotr ne ,&1;l fieB
107
737
ADDENDUM G _ QUALIFICATIONS OF THE APPRAISER
108
738
QUALIFICATIONS OF APPRAISER
ANDREW H. MAGENHEIMER, MAI
EDUCATION:
Bachelor's Degree, The University of the South, Sewanee, Tennessee, 1986
EXPERIENCE:
Over twenty years in the field of real estate, involved in various forms of consultation,
appraisal, economic research and market analysis.
June, 1997 to Present, Principal, Slack, Johnston & Magenheimer, Inc.
August, 1991 to May, 1997, Senior Appraiser, Slack & Johnston, Inc.
February, 1987 to July, 1991, Staff Appraiser, Dixon & Friedman, Inc.
GENERAL APPRAISAL EXPERIENCE :
Appraisals - Vacant land, environmentally sensitive land, aviation facilities, industrial
facilities, shopping centers, office buildings, apartment buildings, residential
developments and single-family residences.
Consulting - Economic research, market analysis, feasibility analysis and ad valorem real
estate tax assessment appeals pertaining to industrial, commercial and residential
properties.
Litigation Support - Appraisals and consulting, including expert testimony, concerning
various property types.
AFFILIATIONS:
Licensed Florida Real Estate Broker
Florida State-Certified General Real Estate Appraiser, CertificationNo. RZl073
Appraisal Institute Member, MAI, Certificate Number 10133, Continuing Education
Completed
HUD MAP Training
2002 President of the South Florida Chapter of the Appraisal Institute
109
739
RESOLUTION TO BE SUBMITTED
740
THIS PAGE INTENTIONALLY LEFT BLANK
741
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving A Term Sheet Relating To The Preparation Of A Purchase And Sale Agreement (PSA) For The City
To Sell 226 87th Terrace (The "Property"), And For 8701 Collins Development, LLC (8701) To Purchase The Property
Appraised At $2,700,000; Which PSA Shall Require 8701 To Construct A Mixed Use ResidentialAnd Commercial Parking
Garage (The "Project") And Deliver To The City 120 Municipal Parking Spaces As A Condominium Unit Within The "Project";
And Which PSA Shall Be Consistent With The Term Sheet. And Conditions The Citv Commission.
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and growth management
across the Citv.
Supporting Data (Surveys, Environmental Scan, etc.: 48% of residential respondents and 55% of businesses rate the
effort put forth by the City to regulate development is "about the right amount."
Item
8701 Collins Development (the "Developef') has proposed the purchase of the City owned parcel located at 226
87th Terrace, currently used as a public parking lot.
Existing parking revenuefrom the City's 14 space lot ($210.00 in FY 12113 and $300.90 FY 13114 (YTD)) will be
replaced by providing the City with 120 parking spaces within the proposed project.
At the appraised value of $2.7 million, the cost per space of the City's spaces would be $22,500.00. As a frame of
reference, the cost per space of the Pennsylvania Garage was $25,233.00 per space (2010) and the Sunset
Harbor Garage cost $23,435.00 per space (2012).
The Developer shall also be responsible for all costs associated with design, development and construction of the
City's spaces. These spaces will be physically segregated from the remainder of the parking.
The Administration recommends that the Mayor and Commission adopt the Resolution approving the Term Sheet
relatino to the oreoaration of a Purchase and Sale Aqreement.
Finance and Citywide Projects Committee
Financial lnformation :
Source of Funds:Amount AccounUFunding
1
2
3
Tota!
Financia! lmpact Summary: N/A
Department Director Assistant Cfi Manager Gity Managerg,mfl JLM Tr
AGENDA '"* flJ TE MIAMIBEACH DATE742
C MIAMIBEACH
City of Miami Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l 39,
www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: A Resolution Approving A Term Sheet Relating To The Preparation Of A
Purchase And Sale Agreement (PSA) For The City To Sell 226 87th Terrace (The
"Property"), And For 8701 Collins Development, LLC (8701) To Purchase The
Property Appraised At $2,700,000; Which PSA Shall Require 8701 To Construct A
Mixed Use Residential And Commercial Parking Garage (The "Project") And Deliver
To The City 120 Municipal Parking Spaces As A Condominium Unit Within The
"Project"; And Which PSA Shall Be Consistent With The Proposed Term Sheet, And
Conditions lmposed By The City Commission.
BACKGROUND/ANALYSIS
8701 Collins Development (the "Develope/') has proposed the purchase of the City owned
parcel located at 226 87th Terrace, currently used as a public parking lot. The Developer
owns the adjacent parcel to the City's existing parking lot and proposes to join the two lots,
subject to a Declaration of Condominium, for the purpose of developing a mixed use project
consisting of parking garage, retail space, and residential/hotel units. This project will
provide considerably more ad valorem tax revenue than currently collected by the City. By
selling the Property to the Developer, the combined site would be taxable and worth more
than currently appraised. Additionally, Developer has agreed to include two City of Miami
Beach entrance features as part of the design and construction of the Project, giving North
Beach a much needed design element welcoming residents and vlsitors to that part of the
City.
Existing parking revenuefrom the City's 14 space lot ($210.00 in FY 12113 and $300.90 FY
13114 fffD)) will be replaced by providing the City with 120 parking spaces within the
proposed project. These spaces shall also be consideration for Developer's purchase of the
City property. ln furtherance of this discussion, the Administration commissioned an
appraisal of the City's parcel, which is also attached hereto.
At the appraised value of $2.7 million, the cost per space of the City's spaces would be
$22,500.00. As a frame of reference, the cost per space of the Pennsylvania Garage was
$25,233.00 per space (2010) and the Sunset Harbor Garage cost $23,435.00 per space
(2012).
743
87rH Terrace PSA
September 10,2014
City Commission Meeting Page 2
The Developer shall also be responsible for all costs associated with design, development
and construction of the City's spaces. These spaces will be physically segregated from the
remainder of the parking. Further negotiations will determine management and/or access to
the City spaces once the project is constructed. Such determinations will be approved by the
City Commission at a future date.
On July 30'2014, the Finance and Citywide Projects Committee discussed this item and
recommended that it be brought to the City Commission on September 10, 2014.
CONCLUSION
The Administration recommends that the Mayor and Commission adopt the Resolution
approving the Term Sheet relating to the preparation of a Purchase and Sale Agreement.
rum
T:\AGENDA\20 1 4\September\87th Terrace Commission Memo 09- 1 0- 1 4.docx
744
2.
Purchase and Sale Asreement - 226 87th Terrace Term Sheet
1. Parties.
The City of Miami Beach (the "City") and 8701 Collins Development, LLC ("8701")
intend to enter into a purchase and sale agreement ("PSA") for 8701's purchase of
Parcel D (as hereinafter defined) from the City, and for thedevelopment
of the Property (as hereinafter defined).
Property.
a. 8701 is owner of that certain parcel of land located at 7925 Collins Avenue, Miami
Beach, Florida (Folio # 02-3202-006-0420), which is approximately 15,312 sq. ft. in size
("Parcel C").
b. City is owner of that certain parcel of land located at 226 87ft Terrace, Miami
Beach, Florida (Folio # 02-3202-006-0430), which is approximately 15,313 Sq. Ft. in
size ("Parcel D").
c. Parcel D is north ofand adjacent to Parcel C. Parcel C and Parcel D are herein referred
to collectively as the "Property."
Scope ofProject.
City and 8701 intend to enter into the PSA for 8701's purchase of Parcel D from the City.
The PSA shall also prescribe certain terms and conditions for the development of the
Property. The Property shall be developed and constructed as a main use parking garage,
which garage will include the City's Municipal Parking Spaces Condominium Unit (as
defined in subsection 4(e), below), and other uses to include (i) a retaiVcommercial use
component on the first floor; (ii) one or more levels of parking garuge directly above the first
floor; and (iii) a hotel or residential component above the garage levels (collectively, such
development shall be hereinafter referred to as the "Project").
Key Terms & Provisions.
a. City will convey fee simple interest in Parcel D to 8701 upon closing.
b. The closing will occur within thirty (30) business days following the issuance of all
necessary final, non-appealable development approvals for the Project, but not later than
one year following execution of the PSA (unless extended by mutual written
approval/agreement of the parties).
c. 8701 will be responsible for the design, permitting and construction of the Project. 8701
4.
745
d.
e.
will design and construct all improvements on the Property, including the City's
Municipal Parking Spaces Condominium Unit, provided, however, that the City shall
have review over, and final approval of, the design and construction plans and
specifications for the City's Municipal Parking Spaces Condominium Unit to ensure that
each space is designed to meet the City's needs and construction standards. 8701 shall
deliver to the City, prior to construction, a per-parking space cost allocation in order for
the City to determine whether the price per space of the City's Municipal Parking Spaces
Condominium Unit is commercially reasonable and acceptable.
Final completion of the Project will occur within three (3) years following the issuance
of a Full Building Permit.
The Project will be subject to a Declaration of Condominium delineating the City's
Municipal Parking Spaces Condominium Unit from the rest of the Project. No later than
90 days after issuance of a temporary certificate of occupancy (TCO) or certificate of
occupancy (CO) for the Project, (whichever occurs first), 8701 will deliver the Municipal
Parking Spaces Condominium Unit, consisting of 120 parking spaces, to the City.
The PSA will describe the Municipal Parking Spaces Condominium Unit in narrative
text, and will incorporate as exhibits to the agreement conceptual sketches showing the
location and dimensions of the Municipal Parking Spaces Condominium Unit. After the
Project receives design review approval, and no later than application for a building
permit, 8701 will provide City with a legal description of the Municipal Parking Spaces
Condominium Unit.
Upon issuance of a TCO or CO for the Project, (whichever comes first), there will be an
accounting of the final construction costs for the City's Municipal Parking Spaces
Condominium Unit. The total of such costs, to include cost of construction materials,
labor and soft costs, shall be compared to the appraised value of Parcel D of $2.7 million
(adjusted for inflation), in order to determine whether any additional amounts are due
from 8701. In the event that the appraised value of Parcel D (adjusted for inflation)
exceeds the final construction costs for the City's Municipal Parking Spaces
Condominium Unit, 8701 shall promptly pay the City the difference. In no event,
however, shall the City be responsible for any additional payment to 8701 for the
development and construction of the City's Municipal Parking Spaces Condominium
Unit.
8701 and City will work cooperatively to seek approval of the design
and development of the Project. 8701 will be responsible for submitting any required
applications for development approvals, with City as co-applicant, if and as necessary,
for the Project (i.e., Design Review Board, Planning Board, and/or Board of
Adjustment approvals).
8701 shall not be entitled to assign or transfer its rights under the PSA until after the
issuance of a Certificate of Occupancy (CO) for the Project.
o
h.
746
J.
k.
8701 shall pay for the attorney's fees incurred by the City for outside counsel's
(which counsel shall be selected and approved by the City Attorney) review and
negotiation of the PSA, and any related agreements, if any, not to exceed reasonable
amounts, as mutually agreed upon by the Parties.
8701 will install, at its sole cost and expense, a "Welcome to Miami Beach" sign at the
northwest corner of the building, the design of which shall be approved by the City
747
MAGENHEIMER
TEAL ESTATE ,LPPRAISERS & CoNSULIAHTS
7245 S.W. A7.AYE!'rUE, SUITE 30O
MtAMl, FLoFrDe33 179
APPFTAISAL OF RHAL PROPERTY
O.3$lLsnE glrg Locargn ar
23:6 87 TxnnAce
Mmut BEAcH, Ml]|lrtr-Dane CouNTv, FLotloA
DRI[FT
AprRiqls*t. Rrronr
SJM Frr-s: tdO67
PREPAREC} FOR
Mrt" EnTc SARPENTEE
FuBLrc Wonxs Dlancrcncrv op'Mterqr BEACH
1700 Coruver'mloN Cer*rrcn DRve
MrAMr ElEAcH, FroRrp.a. 33 1 39
199
748
J{}HNSTONMAGEHHEIMER
FIEAL ESTATE JlFpar,lrE;$ & CoN:tul.tAfirr
AN$REW I"I" MAI3EHHEIMEE, MAI€ffi,GeN.Strl$?3 THEoDoFE \,11. Sr.Atrr, ldAl
fi 902- !99A)
THEoooREC. Sl3eK. MAI
ann*ral
lUE BARRE-Tf, 3T.ACK. MAflEsm)
June 3S, ?014
Mr. Eric Calpenter
Fublic lYorkr Direetar
City of Miami Beach
l?0S Convenrion Center Drive
Miami Beach, Flrrrida 33139
RE:Appraisal of Real Frop*rty - 0.35-Acre Site at 22 grrace,
Beosh, lvli ar:ri-Dade Counfy*, Fl orida
SJM File: I40S?
Dcar &Ir. Carpenter:
At your request, wu have oI the value of the fee simple
interest in the above refcrenced June 24,bctive date of the
appraisal" The scope *f this appraisal i alysis to
th* sub.ject property, as of a current dal is
"acros! thr fence" val*atian of th* p
estimate the fee si f the on thffipcrthetical condition the site
has a laad usc ar ta th*. sit ted adjdcent to the south cf th* subject
pr0prrty.
ccated at 22S 87 Tarace in the City *f
al-comer location with mad lrontase and
erra$e antl Hardi*g Aveaue. The sit* is currently zoned
has a land use of P tParking), bxsed on its
Citffiff Miami Beach. This appraisal is based on lhe
a l&d use and zoning of RM-? {Residential Multifamily,
Medi with the adjacent uses to the souih. All ntilities are
availab improvements itr*]ude asphalt paving, concrete curbs and
sidewalks,and minimal I andscaping.
SLACK, JOH FISTON a t{A€;.!tHElMER, lxc.
?"?4$ $.\#.87 AvElruE- SuffE 3OO, MlnMr, FL0R|EA ES17
TELEI.HoNE(3O5l57&31 I I * EMAtLi SJMIJLMI€AoL-CQM
the market yalue of
rvill be based on an
eornparisot: appnrach to
(Civic and
hip and xse
ie*l c*nditian
ensity), co
200
749
Mr. Eric Carpenter
Jure 30- 2014
Page Tw'o
The appraisal report state$ our opinion oI rnarket value. suhject ta assurnptions
yses f.brrningand limiting conditioas ctmtained in tllis rep$rt. The praperty visj
the basis of our valuation have been performed by the appraisal has
been prepared in accorcian$e with the Uniforrn Stan<ia fussional Appraisal
Pr:actice TUSPAP)" as adopted by the Appraisal
Faundatit:n.
of the Appraisal
Based on our inl'estigation and
yalue $f the fee sirnple interest
f"ollows:
unalysis, we the opinion
in the subj , &: of June ?4,
T1YO I}IILIIO}{ SE1rEN HUNDRE} T DOLLARS
The t'rrll,nrving report summarizes lhe
Rrspectfully submitted,
SLACK, JOHN
DRAFT
Andrew I,I.
fEs.?. QgFr. EZl0?3
DRAFT
Zachary fllen
CEI,T, GLH. Rz]I:d
201
750
?AELE OF CONTENTS
SUh/{MARY $F SALIENT FACTS ANI) CONCLUSIONS ......"" ICERTTFTCATION ....."..............3
ASSUMPTIONS AND LIMITING COhIDTTTONS........,....... ...,..,4
OWNERSHiP AND HISTORY OF T}iE PROPERTY .........1. , . . . r . , : - . - - . r - - . . . . . . , . . . . " . . . ,/
PU&.POSE, INTEN{}ED USE AND DATE OT THE APP
DETINN'ION OT VALUH -4,N} INTEREST APPR ,'..'....""..,.... 9
EXFOSUITE AND MARKHI'ING TIh{E..."......
DESCRITTION OF THE SITE,
S.EAL ESTATE TA,Y ANALYSIS.. "............
LANN USE ANS ZONING
SALES COMP"{R"ISON APPROA .24
RECONCILIAT1ON AHD TINAL Y
ADDENUUM A * ?HOTOCRAPHS
ADDENNUM S _.COMPARBLE LA
ADDENOTI}\{ D -
:......."."..".....""--.... 3 I
ylgruryY..,....".... ..",.. ..i 13
N "...".."...""............"... l?
RS..........................."....... s2
SLACKJOHNSTON
UAGEN-UEtt'lEE
202
751
SUMIIIARY OT'SAL{ENT TACT$ AHD CCIT{CLUSIO}IS
?013 Tax and 2014 Assessrnenf Infornatior:
Pnrperty Appraised:
Prnperty Type:
Folio No.:
Land Value:
Improvement Value:
Total Market Value;
2013 Tzu.r"es;
&vncrship:
lnterest Apprai;ed:
Land Area:
Current Zcuing:
?2687 Tcrrace, Miami Beach, Florida
Vacant land
02-3202-006-043il
$1,990,690
$5,0$9
$1,9SS,759
Exempt
City cf Mi
1?00 Conv*nti
Miami 8each, F
[5,3 0,35 acres
GU{
I
City of Mianri
Beaeh
P (Parki*g);&&Usf Miami Beach
i*l Multifamily, Medium Inrensity);
Beach
(R*sidential Multifaruily, Medium Intensity);
of Miami Beach
Future developnn*nt of as optimum size building
rvirhin the constraists of zoning and market demand.
Juue 24,2014
June 30,2014
$?,?00"000
Use);
Cun"ent Lan
Date of Va
"As Is" Value trrclieation:
;03
752
,{ERIAL T'}IOTSSITATH OF T}IE SUBJECT PROPERTY
il
ft]
it'd.S"#
"" ts tritl '!
'ri'*l
r.- qri
i-r*i
S.
.*Y
2
204
753
CENTITICATION
Se ce*ify $at, ro rhe best ofrur knawledge and beliell ..,
lhe sfarem*Els ol'fact contained in this report sre truc E*d c*ne*t,
the reported analyses, opinionr. and conclurion* are limited only by
lirniting canditions arr<i are ouf p*rson*i, innpartial, and unbiascd
and conclusions.
we havs no prssefit or prospec'til,e interest in the properlies
no personol intr:rest rvith respect to the partie* intolveti.
rve havn nr> bias with respect lo the propertie* I
involved with tlis assignruent.
our engflgcment ilx thi* assignment wai
predetennin ed retulls.
uur cofipensadon fur completingsis assignrnent Is not
reponing of a predet*mriaed val irection in value
fimouni of rhe value opiaio*, tha
subscqucnl event directly rclated to
a stipu
ih* r*ported aflalyses, npinions, and
prepared, in con
oI frofiessi
Standards o
theu
rs su
*l tnstirute.
&is
as$umptions and
ys{$, uplnr0ns,
nf this rep*n ancl
the ponies
developing
upon the developrnent or
*re cause af thE elierrt, tJre
the occurrence of a
rhis report h*s lxen
Ethics end Standards
includc the Uniform
and
tle requ the lessional
ice of Appraisal I tute, whieh
{*al Prsstice AP).
ts the is the subject of this repon.
assistancs ta lhe persons signirrg this
irerner:ts of the Appraisal Insiitute relating to revierv by
regarding the ruhject Fr$FErty within the prirr threc years.
Andrew l{, Magonheimer, has crmpleted the continuing educa(ion
Andrew It Magenheimer, lv{,{l
crx.T.6EN. X21073
SIACI{, JOI{I{
DRAFT
& MASENHEIMER, INC,
DRAFT
Zachary Olen
CERT. GEN. EZ3I24
20s
754
.ISSU$,T TTIOS{S ANN LIM TTIII{G CO}MTTiON S
The appraisal is suhjer:t to the following assunrptions and limiting conditions:
I-No responsibility is a*surned for the legal description or for matters including legal cr
title consideratiens" Title to the prop*rty is assunred to be goodglrd morkerabl* urless
*thenvise stated"
2.N* i*gal *pininn rclated to a title search w*s prrvi existirrg lisns and
em,urnbrances, including deed restrictitns end deve have not becn
flee and slpar.investigaretl unless othem'ise statei{. The propeny i
3.
(+.
5.
Responsible awnership and competent
The informarian furnished by others
reliable, horffevero ns wflrrefity is given fr:r its
All engineering and suneying is assumed to be sketches, plat4 *r drarvings
in*ludpd in this rsp*rt arE inc to assist the iiaing the prop*rty. We
har.e lrtade nu survey of thc
xuch mafters"
It is assumed that lherr are nB of the properry. subsoil, or
structurts$ thst i[ more crr less .NCI ibiliry is assumed for unusual
matteffi is inlerred or conrlrucd liom the
atla*hed stated in th* rcpon. [,1nlm* nratcd *rhenr:i*e.
lh* soi subject assumed to be udequate to suppoil
d*velopment ional t*hniques. We r*commend the client
oblaip an opinia g firrn
full compliance with all applicable lbderal, state, and local
is xtated, dsfined, andws unless nonr:t:n*ptrian**
applicahle zoni*g and usr rcgui.ations and restristions have hee*
a rolconfinrmity ltas been stat*d, dcfined, and considurcd irt the
trtisa rll requircd lieenscs, cefiificat*S r:f *ctupancy" mnsents, or othef
Iegislative^ffi administrative auth*riry linrn any l*satr, stale, or naxionnl gov*mmcfi or
private eniity ar organization have heen or can be obtajned cr renervsd for any us* on
which the valu* *stimate containerl in *ris reFsrt is hrrsed.
Esstffile no
m s0urces bs
ilitv ia cornection with
es lo th
:spec.ifi
considered in
206
755
10.
I l"
lr is assumod th*t the utilirati$s of the lan{ and any improvemenrs is within the
bormdarics r)r property lines of thc prr:perty described and that there is no encroachment
or rqspe$s unless noted in ttre report.
Any propcsed or partially completrd impror.em*nts'included in this repon are assumed 1r:
be completed in accordauce r.vith approved plans and specifi
Inanflef.
12.Our eslimates of furure values $ere Isrmulated bascd
dxte ofappraisal, considerate of furure projectiont
appraisrr has nq responsibility for signit'icant
*trbscquefir rCI the etlbcrive dste sr darrs cf
i3.Thix study is to br used in whnle and
ror:junctiein with nny ather appraisal.
without the rvrittea consentof the apprai&r is
14"The appraiser, by reasoR of this rryoffi, is not
lestimony, or be in ane&dffrce with
arrffiigeflents have becn previ
t5.Neither all, nor any part of the
r'utue, the idenriry of the appraiser,
shall br disscmi the public t
other media nlten
i* a rvorkrnanlike
16. Unless
conditionr as uf the
ng and demand. ThE
that
part of it
or aBy
giva furtber cousultation,
propeity in questiou unJess
any conclusions as to
appraiser is connected),
ic relailons, *elvs, salcs. sr
appmvaH6f the appraiser- The use of this
or ent is specifically prohibited.
s report, the ffitence of hazards*s suhstances, including
iphenyls, petroler:m leakagq or agriculnrral
CIr th* propertl', or othcr environmeutal
to lhn aftcntion ol, tror did tha appraiter become aware of
The appraiser has no knowledge sf the existence
unless othenvise stated, The appraisern hswcver-
withoul limitat
Br ln
t7"
r such es nr conclitions. If the presencs of sr:ch subslances,
fonrialdehyde loam insulation, or $ther haxardous substalrses or
sns) may affect the value qf rhe property- the value estirneted is
that lhere is no such conditian on or in the propexy or in
luch that it rvciuld cau$e a lass in value. Na respon*ibility is assumed
for any
discover
nor for any expertise or engineer:ing knonledge r*quired t*
It is recsmm*nded that the olient retain an exp*rt in this field, if needed.
Sestion 4S4.056(8) of the Florida Statutes requir*s that prior to or al the time a rental
Bgreement or contra{t for any building is executcdo the fallarving disslosurE stslement
must be issued:
o
rh
ip not qualified
as asbestos,
20v
756
"R"},D&N 6A,5: is a narurally occurring gas that, rvhen it is has
accumulated in a builtling in suffici*t quanlities, may present risk
to persons who are exposed to it over tinre. Levels of rsdon that
exceed federal and state guidelines have been ibuncl in building in
Fiorida. Adrlitianel infbr.mation regardlng radon and radon testing
may be obtained from your public health unit"lr
It is assumed that seJlers will comply rvith rhis law.
I8.Disclosure *f the content$ af this report by the appra
Institute of which $rte or m*re signarurcs of this
Florida Depanrnent cf Prr:fessional Regulation,
The analysis anrt ualue conclusions, as $ell inf'onnation the subjmt
diru to any per$$n$
by rho Appraisal
ber and by the
Certification.
theFropefry, are conlidential matters and
party for whom the report is prep*red.
Exceptions to this con{identiality provisir:n are
Institute nr rh* Florida Ilepartment of
ees of thfAppraisal
for peer revie*'o ard
subpoenas by any court havingfg[gliction to requs$t ionof the repon.
Appraisal Assumptions
t9.Th* dite is r;unentl1, z*ned CU (Ci alid has a land use of P
(Parking),ownership the Ci i Beach. This appraisul ix
btsed an the on the is zcned :2(Residential Muliifamily,
Me{iium
Aceeptance 0ruse f the preccdiag ccnditions.
308
757
IDENTMCA?TO]!{ OT' THE TROPERT}"
The subject property consisrs sf a 0.35-acre site located *1226 87 I'errace in the City of
Miami Beach. The rectangular site haa a dual-comer location with road frontage antl
&euess fram Collin$ Avenue, 87 Terrace aud Harding Avenue- T'lre site is currently zoned
GU (Civic and Covernment [Jse) and has a iand use of P (Pg$i based on its
bassd sn lheorvnership and use by tbe Ciry* of Miami Beach. This
hypothetical condition it has o land use and zoning of RIvI
Mcdium Intensity), consist;nt with the adjauent uses All utilities are
available to the site. Site improveatc*ts include
sidewalks, parking meters and minimal landscaping.
nesotiating the
this appraisal.
rete curbs *nd
LECAL D
The following is a legal descriptisn tbr the subject
County tax roll:
Parcel I a/l$a the North 1/? of B
Miami-Dade CounS, Flori da.
I
Book 4, Page 162,
A:{D YOF PERTY
ounty lax rr:subject property is turrently ownerl
Convention rre, Miarni Beach, Florida 33139. Th*
have been no transfers of ownership
EIt[,SE AIqD D.A.TU. OF TTIE APPRAISA.L
The I is ta d*velop ar:d report an opinicn of the nrarket value of
ths tb* si subj*ct prop*rty, as cf June 24, 3014, the effeetive date of
appraisal.report is Iune 30, 3014- Tbs ctlant xnd intrnded user of this
report is The Miami Eeaeh, Thr intended use ol the appraisal is to assist in
ot-th* parcel" There are no otker intended users or intendeel uses of
According ttr
by th* City of Mi
oronerh'is currcntlv: I 'JsBIenr-
of this
209
758
SCOPI, OT THE AI'PH,AI$A,L
The s*ope of, this appraisal report is defined by the purpors, which is tn devdop and
repofi the current market r,alue nf ths fee simple estate in the subject properry This
appraisal rvill be based on an "across the fencs' valuatian of the praperty utili:ing the
sal*s comparison approach hased on tht h3pothetieal conditir:n the gi a land use arrd
zoning sf RM-2 (&.esidenrial Multifamily* Medium Intensiff with the site
Iocated adjacent to the south of the subject property. trYe
and the prCIperfy.
the neighborhood
Subsequent to our site visit, researcl: was ccnduc tion of tlr*
highcst snd best $si, as of the dat* af l,aluati an*Iysis
considers all physically possible, legally le and
rvhich the property can hrput aS varant and j As
*nd best use of the subject propeny, as though
constraints of zoning and market dernmd.
lopment in th*
After concluding th* highest and the valuation wrre considered. The
appraisal process can inciude three are the inccme,
sales comparison, and cost
dderrniaed by the type of property bei
assignn:ent" As disc the subjert
csmpgflSon idered the applica
sub.ject praprrl
Our rrsearch ompar*hl* lffi sales, rr;hicir cxtended ftom Jaruary,
2012 to search troncentrat€d on *ales and listings
uf si Et area lor purposes of camparison to the
sales inclucled reviewing the deed and corfirming
ies to the transaction, ff otherreliable sources. a$
each sale ryas made when acc$$sible.
The ysis is a reconciliatior *f the appraisal methods usgd. The
data used- and the reliabilitl' of their value indicaticas, are thequantity
bcsis fur th$on ofralue"
ncluTX
bctive
of
t and
ically fi
I be discussed,
ion ffithese approaches is
scsps of the valuation
a vacant site. The s*les
ch in the valuatior: crf the
details with
e10
759
DEFINITION OT'YALUE ANI} INTEREST ATPXAISEN
'l'hc...U$i-lorm Standards-of Profqssional ApJrraisal Pr.actice (USPAP 2014-15) defines
Illarket Value qs "& typ* of value, slated as an opinion, that prssum*s. the transfer of a
propsrry {i.e. a right of ownership or a bundle of rights), as of a cefiain date, under
specific conclitions s*t fo*h ir the definition af the term idsnli the appraiser as
applicable iR an appraisai"t'
We have relied on the definition of
bring in ahtarket Vdue as "the rnost prolrable price which
cilmp*titive and open market under all condifionn a tair buycr and
*rllsr each acting prudnntly and lcnowledgeably,ng ths price i by
undue stimulus. Inrplicit in this definitinn is ion of a sale ai iJi*d
date and the passing of tille ftom sellerto bupffi[gr condi wherrby:
I. buyer and seller are t3picatly motivated;
both parties arc wsll in
their best interests;
adyised, an in what Lh*y *onsider
3. a reasonable time is allol.ved for
4. payment inU States or in temrs sfl financial
thereto;
5.the pricr I conside n lbr ths property rold unaffectrd hy
ial or c loas granted by anynne assnciateql
$96, August ?4, 1990, as amended at 5? Federal firgi**r 122S?,
r, t 99.1), "
orh from{he Dic{gqrgy of Rea} EstqlgAu}raisa}, Filth Editiun, as
followsl
Fe* Simple 'nabs*lute ou'nership u*encumbered by any other inierest or
estat& subject thc limit*tions imposed by the govemmental power* of tnxation,
eminent domain ce power. snd eschsat."
[xposure Time is "thfi sstifirate* length of time lo property intsrest being appraiserl
u'ould have hecn offerecl in thc rnarket prior to th* hypotheticai consummation of a sale
at raarket l'alue on the effective date of the appraisal-"
toI},
2.
F-R. Fa* 14.4?
nsnt deftniti
2J.1
760
l?Iarketing Time is "an *pinion sf thc an:ount of time it might take to sell a real or
pers*nal property interest at the concluded markct value level during the period
imrn*diately after the effective date of tlre appraisals."
llypotbetical Condition i* "that which is contrary to rvhat exists but is supposed for ths
Furl;o$s of analysis""
EXPOSU 8,8 AIi[} ]!I ARKETIN C
Exposure and nrarketing tin:es are the typi*al ta expose arrd
actively market the subject property on the
consistent rvith the market yaiue estimate and
achieve at a price
markst valuc recited herein- The Iength of ti
prire, tsrms. investmenl quality and Exposure is ths
hypothetieal psriad irnmediately precediag the eftl markel
timr is the period immedi*tely after ths cffe,ctive date
.{ revielv of current rnarket activity ocated in the borhond, as well
as conver$ations with brrkcrs ip* market,ed in order to
consistent rvith
estirnate an exposule tims tbr the sT
exposure/marketing limu. arc typicalty
rcalisticalll,. We ha estifiated a ing time to lI rnonths.
It]
272
761
The subje*t property is lacated at ??6 8? Terrace or on ihe south sids of 87 Terrace,
berween eollins and Hardirg Avenues, This location is within the eentral section of
Miami-DarJe County, within the City of Miami Beach. The suhject property is located
NEIGHBORHOOD ANALYSIS
about 8.00 miles northeast of ths Cenkal Busin*ss District of Mi*n:ri and g,?5 miles
northeast af the Miami lnternational Airpofi.
Thc Ci$ of Miami Beach was incorporated on March 25,
approximately I.il rnile wide and compris*s a land ar.*a .l sq
an island which is
*lres. rne urty ls
boundecl on the north by the City sf Surfside, whichftffi the sd rop*rty, The
southern boundary r:f fu{ianri Bea*h is shipping
channsl *xtnniling from the ,,{tlanti* Ocean to t of Miar*i" The ndarr-
is Biscayne Bay/Intrac*astal Wateru"ay and is the Atlarrt
Access to Miami Beach, from the mainland, is
sorthernmost causeway is loeated 4179 Sfreet ol: the rr . and is knorvn as the North
Bay Causeway. At about 36 St Jrrlia Tuttle ar Interstate 195. The
\renetian Causeway reaches Miami roximat*l The MacArthur
Causervay (l*terstate 395) enters Mi 5 $treet.hur Causeway
txtends west to doyntou'n Miami rstale 95,,which is the
r*ajar northlsr:uth of th* Florida ing further west, this
i:ausew*y ls (State 836), which provider dirert
Turnpike. The North Ba5,
The
a*cess to
Causervay
Airport
rrtion of
the Florida
i Beach at ?9 Street, rvhers the subjecr
property is lssatt
nortt/south direr:tioa in*ludes lndian Creck
Road A-l-A). Collins Avenue runs fiom ffrvernment
nty line to thc north. In the subjeet area, north of
r$a acce$s raad, As notrd, the subject property has
of e6llins Avenue" S*uth of 50 Street, Collins Aveaue is a
paYeo!vided northlsouth baund r*ad. Indian Creek Drive is also a
major t part of lvliami Beach. Indian Creek Drive terminates and
merges rvi nus at 26 Street, rnore cr less" Eas#rvest tralfic is limit*d lu
of Miami Beach is fairly narrow.local roads si
The geaeral af tl"re subject propcrty's neighborhood are considered to be the
trndian Creek Waterway to the wesl, Atlantic Ocean aosl beaches to the east, 88 Street ta
the aorth and 4l Street to the south. Indian Creek is a partly natur:al and partly man-mad*
rvatenr/ay. The map o& the fallewing page shorvs the subject Froprr(yrs iocation.
1I
213
762
.lt'::i - **- :L 1 .l ll \ *"t$"s"t ,l* {1" ;,i{,;+el 1,'1,*r{'*"r-fi#i"ii'il1?i {:xrr.ifs.'ii
ii ll$gi :,
BJ"t :==.ri l.* *,,ti.',.St i
ffi.'ffi'$ffillidf, iffi*u.,;,,r.'; i r, ;; ,,.
&,&ffirF=ffi.'ii iiil$Ei i,a$"4',rx;ii.ttli'*n; .':: *, i'i i : "' r
fi{#*J,ii=={i i.* l'Ji,i,ilfi b+,*"" F:+.";' ;.: "11"; -ri ; : ; * r"' ' s T
','-!{$n;nlii'=:!;ffi,,ir.r;,Ei .l[,;fl,:,$"{it+il,i;i &.,i;-. 'i..J ;; ,i,"l- r;
,ff*#*J,t:!::iii.*llt,l::,ii{i b.}ig"+.it*.ipo=;;-:"ir ii '.,- .. * }'+ $ T
ffiitffiifi** f*$. ' [' : i " : . *
::
IF-lffi;'Effili$ Hmm 1;,;,,i: ',;':, ; " ,L":-.,3
il t"*r :93i'i ! l,;7 r;'.;1ir.iY.$$_,;ffi,i6i5= y*"q*'a'rl" i), ,**, ii n ..,, ; j :$:
ii :{"-.':i,}-r.";' .r''-,SYd;,it,:;u4tS';:1+i.;;. ;; * -; . ,,* l, .1 ,. ,I: lndianCf€e\.i., " ,,''ll,.il*',-j.1: I'1':;:l -- , : .
:fl]::SF!|!F,sf,.4.' =-. EE=:'i"3,.J.:,h*,!ti,.;^tr ";r "'r::.r[':].i- .,. ". . . .,*
;+Yr-Tl .&iaiiigB*t -',',. ;: ':;- " tu'i':ii Ll i L."":r. .,;" ':, i' -
ili *, ri' li'.lr"' L."..,-:-p-::.:p.utJgL QS*,*.r,i{ ,}qi ;F:*;r:r, rr ,:i" -;/* r, yi
:5'I;:..;,::,:"::.1:'.:-o\.i1{iiIl.l.,."l:,:,..i-...
,,,J ,adiarcrc,kri
"t=+it1iiisf,tr,fiii
*Iij1 "."qr+ ,i ii *i;.:,+.* =:i' lsl,rnd i'.*- p" **qilt$;6r;5i, ,,S.iif*.1.. ,1 1,,,, Jr, ==.i,:. ,1. ;i - , ;' i'
Ie.X, J;a,n t i- c..
ail6---,:.1{i{gF$iit*: ej$,,::'1r.'',-,t...? :'E':'i !i'',-,'1;:, 1:'' :
:
- .t: '.:
' ji. "t'!i ,';,' '
, :,t i:;. ' a
'=.i"1 .,i- r! ..'
. :.,1 1 , ..1 ,,ui- r- -? : !i
iry':t{'- a' _':
il t:l:.r. jht ;1I\ ;'.'*:$.
,6 J: i:.lll rl
Sli:ta;,ttan*ee itr'
:11-,4$1ttctradl - i:. .*
F!i-':B i-"- '.' " -zd*r$Girr-i '{.:
,qs\i{ ,y"iC;rrt ,
rfiS-o' *t i*"*i.,.s:"9:' ..i.,', 1'
li i l1,A **-; ,1 .=, :
iiill3 :;i'i 1'r-i',
1.'. lli F fl;:fr; l-i. .
St ',fr s'' il',-ilE ^:. r )t-,1ts #!i ; ,d,
" -ri l^tlkori i,: ^.'I r-i!,{ts** i} ,c
ili.;:i,l .;l-..i
n {ir;r? SrY1px.i&''l-.::fiq1 S S, ;:--
:'.'. -r:,l I t. .',;.
F-,:;il r,, :: 5. :x ,
ir.t'. I jr '., tt,,al. ,:-..-
l,',,t, I I ;i =i'--:r ii '
Cl ."-' r' L-,: ;
-Pur^Yer ""i6rf*iii';l*endP*l ' ":rl.i4
.. -=:.-1.. .,-'.'Sdttj
,:' '--'6 -;.',.',!F2ffi;
%r##li:itr;i Eeactr-- j f,illetig \.' ;....., *.^ :,;--fJeeruq,. \"..
.r$#.r.rr. =rft:t,{ ,- rS', .-' j,.6ul&"orri
,ffiS;l|1rr;6T1l;:'':6.:
"'l :#r;",i: ;':1L*
. u;1'o*t,1 ;ng, .,
,f ',{ n i}.,.; $,"
rir: jr; .,,r!:ii1;.,,9, '.,, du'*..- .s-
.* .:",*' , rQ;'.1
-.I i,./*0 , '.'..:.1 ;,
;i i { l-6:,:,r i l, lio,
,]i iiil ,i';fo
iEiri
r'ri -
--'i.":!
sr;
tIl
S,l
ri'
T:, Itr1
sf
d:f
s
ry*
a:r--t , )Iti B.1:# .,'ii. .; ^';.
$":?,*t;gfr;n;;,iil:tr.S: ,!41 ':
h,$i,+-,,''ffili:#t' l{ormrndYhlrnd
ffi*-um*u,.&
ffi &'ii.'i.),{g,nBl}r"{' -: :.
Wtuft*a;Ui:*:S#fj''si:- 1,',"
*ii sdia.*;1r., .i: -1*^;'i'i'
kdiolfiff.Sr:t,.1,*u ,i
llti:r-:
::ffi
JOHNSTON--g-AGBE${-E
e14
763
The majority of resideniial developmffrt in the subject neighborhood on the East side r:f
Cellins Avenue is comprised of high-risc rental aparlments, residential condominirrms
and hotel uscs. Adjaceilt ta the east of the subject property is the Howard Jotrnson Plaza
Dezsrland Beach and Spa 335*room hotel. Development on the west side af Callins
Avenue consists of lorv- and mid-rise residential projeets. There are scattered eomnrercial
uses alang the east and west sides qf Collins Avenue.
In c*nclusion, the ueighborhood appears to be over 9S% buil New dev*lopment in
the area generally fcllnws the damslition af older im
t3
215
764
I}ESCRIPTIOT OT T}IE SITE
Bt6
;.
, G-
.\hf ,o's.i r /.'.: !: t t r i ! I i *t r nt fit'r /,, rr It{, t{'r
ti -l
216 $?'Tenarr*, I\tiami B*rch. Flnrida.
[,and A
Sliape:
Frontage;'l)irne
15,3 l3 :;{luare f ect; fi.35 **rc
Basical ly Itrer:tangular
The suh.icci prcpcrty has app",,lqaimatcly 175 fbct
alnng ,\7 Tcrrace and S7.5 feet *l flontag* al*ng
Harrling Av*nurs
rrf linntage
Collins and
t4
ffisl-AcKJOIINSTON
uaeEs,Fr-g!a-Ee
7L6
765
A**ess:
Topography:
Flood lcsuranee:
$ai[ Conditions:
Utilities:
\'-ehic.ular aseess to the propffty is provided from the west
side of Collins Avenuc, the south side of 8? Terrace and the
east sida of H*rding Avenue. At the subject pnlperty, Csllinu
Avenue is a three lane paved road and provid*.x only
northbound traffic {iow. Harding Ayenue is a three tane
paved road and prcvidcs only traffic flow- 87
Terrace is a tw$ land paved road
Collins or Harding Avenues-
Bnsically lsvel and at street
Zons "lLE"; Base nns detenrrl
t'eet. Nati*nal F Ccmmunity
12086C0317L,?009.
No soil report of the
perTnanent
adverse
of the
i
All public uti ro the site. The city qf
Beach
Depart for
the hffiai-Dade C*ung Water *nd
water and s*nitary $ew&gs) with the
r>f Mianri heing responsible for solid waste
ion and I Electricity is provided by FPL and
is provided by AT&T.
!'e report *f title has b*enprsvided cr reroi*wed,
appear to be any easemffitsn eneroachments? or
that r,vould adverselv affect the utilization of'the
site.
An envircnmental study was not provided" this appraisal
rsport is ba*ed on the assumption that no c*nditious exist that
would advors*ly aff*ct lhe utilization or marketability of the
property.
t
l5
pro*ided. It is assirnred that
ing eapacity tr rupport the
N* evidsnce of a*y
,ed upon our visit
Study:
2t7
766
s!xx:
)3"51f u
Ttwu ol
SurfsldeI 'strE
84n000 fT
ultF Y.*LF 1.' . to€r
I t00
id asq..!qsrFE*ffiftadM tudFtr&trq.{.& M &B*dredbrr*€t
16
rnil
ruoD 16ulilf,E iatE rrt
ilL${I-DArg {OLnirY,
rl.oIU$A*slsctKr{Ytrass
PTiELffi OF i$+l
,*lsrffiaum r&ir6d!:
tMlE
*& ldltr ttl ffis,k8
brk h9*sbEa*nffi*rxF@bn**cH*5*lryre#t*
rAPHtt8n
,Ee6CilS&
xlPrcvltE9
ITFTET}TN1t,i(H
tr&d rr$ra)l-{frraafi
218
767
REAL E$TATE TAX ANALYS$
The subject property is located **ithir the City of Miami Beac.h and vrouid be subject to
hoth city and county ad valarem taxes pn real property, if ucder private ownership. The
Florida Statutes provide for ass*ssrnent and eollection of ad velorern ta.xEs un real
property; howevcr, the taxes are assessed, ccllected, and used on I county lev*l.
by the Miami-Tlre asssssment fbr the property is established each year as of
Dnde Caunty properry Appraisey's Office at i0U% of "The tax due is
County. Millagecomputed according to annual rnillage rates established by
rates are the amouat paid to each taxing body for ev*ry
are payable inNuvemberwith a 4% discaunt and
Aecrrding io the Miami-Dade Ccunty tax
as$essments for the sudect properly ars as
Folio Numb*r:
Total Land Value A
Toral BuildingYalue
?tll4 Total MarketV $t,99
2014 Totai As*essed Val
30t3 Total Real Estate T
$654,16
The mafket valuc to $1 per squ foat, based on 15,313 square
feet (0.35 acrei.
value, Tax*s
il 1st.
L7
219
768
LAI{D USE ANO ZOITI}iG
Iand Use
Aecording to the City of Miarni Beach Pla*ning Dnpattn*ent's Comprehensive Pian, the
subject prCIpts$y is locatecl within aR area designatcd as '?arking"
Zoaing
The subjectproperly is located within thrjurisdictioual City of Miami
Beach and is currently aoned c'Ollt' (Cir.ir aatl
Sumrnary
As disEussed. ths cr:rTent land use and
City of Miami Beach. This appraisal
zonlng rs
is based on
privately awn*d it would be -2 (Residentia ily. Mudium Inten,sity).
sonsistcnt with thc adjacent uses,
Refer fo the follswing poges for a and maps. Tlre "RM*?"
districL provides tbr nrain permined e-ly detached dwellings,
tolvnhomes. apartn:-hotel I uses permitted in the
'"RM-z*' disrrict ving, day$are, nursing hnme, religious
instirutions, pri commercial and noncomJ,nercial
parking lots neigh impact est abli shments.
Property:
2,0
?,{}l)0 Square Feet
5S Feet
550 $quare Faet
800 Square Feel
eight 60 Feet
Staries 5-Stories
Fnrnt - 20 fcct; side, interior - 5 feet, sida fasing a
street. 5 feet; and rear 5 feet.
Thc above rtated zuniug rrstrictions are basic requirements outlined In the roning code.
Ther* ure sevsral overlapping seetions of the zoning code, as weli as huilding codr
requirements, which would be considered in a full zoning code cnmpliancs review" A
copy ofthe zoning code is lncated in the addenda.
r8
724
769
LAIYD U$E II{AP
l9
72L
770
.ACNINS trlIA.F
,i. i, i,i-. oo- tE.-r...ri" .;:-":d ,.,'.L"{f--*i
!
2A
lsrAynsrE Bt
-;S,--,WH l
22?
771
HIGT{EST AND BEST USI
The lalhwing definitions are from The Dicti*nary of Real Estate Appraisql (Fifth
Edition) published by the Appraisal Institute:
Highest and Best Use is the {'reasonably probable and legal use t land 0r an
improved prrrperty, rvhich is physically possible, appropri financially
feasible, and that results in the higlest valua. The tbur critefr highest and besl rrse
must meet are legal permissibility, physical possibilit Iy feasibility an*
maxirnum profi tabi lity."
llighest and Bsst Uss As Thrugfu Varant is
use that yields the highnst prcssnt land value,
and coordination. Tlre use of a pr*p*ty
vacant or cafi b* rnade vaeant by dernolishing any
-{r frnprotad is the'\rse that
property should be renovated or
onable uses, the
are nnade fur ital,
flpn that the parc ls
tt
as it exists. An existing
lo conhibute to the
ret
total market value of the property,would
mrr* than offset the cost of
0M."
construsting a new
In estimating ially stages of malysis:
in consideratlou of *xisting zoning
cable of thc property, as well as any deed
p artd permissible uses will produce a net r*h"rn ta the
ba*ible uses, which uss rvill produee th* highest net
Tu meet and best use, the u$s ca$aCIt be speculatiyp ur coqiectural. It
must be I . There must be a prciit*ble denrand fur such use and it must
retum tcl rhe ighest net rctum for the longest period of time. These tesls have
beer applied to ffisubject property. In arriving at rhe estimats of highest and best use,
the subjr*t propdrty was analyzed as vasant"
?1
d be alade of a
is, so loag as
ted by p\
?23
772
As Tfurrgh Yarant
Physirxlly Fossible; The subject site is rectangular and contains approximately 15,313
square feet ar 0.35 acra Although no soil report frr:he subject site has been provided, a
visit to the property, as well as eristing developments in the area reyealed no problems
associated with the physical aspects of dev*loping the site.has goad local
access and availability to public utilities. The physical f the site and
surrounding area slpport a variety of uses based on its confi and sizr.
Legally Permissibl*l P*rmixsible rr lcgal uses are thos aud land
use rqgulations. No rec€Br tttle searsh was providerl assumsd that
thcre are flo coyenants, restrictions 6r easements adversely tho us* cf
thc site to surh an extnnt that it wculd negati impact value. As
appraisal is alsa basrd on tlrr hypothatical the site a land use
RM-? (Residential Multilhrnily, Medium Intensit
Baseri on the this zoning, fhe propertjr could be
uses.
$'e*eibls or l\taximally Productive been establi subject property
is af a.dequate siz€ and shape for v* also lished that the RIU-2
zuning would alluw the development on a review of the trend
of develc,pment and market condit slte ikely be developed with a
residential project previ Miami$each area is beginning tc see
new conslructi or four of inactivity"
, physicfi.iffharacteristics and permissible uses of
site. the surrounding neighborhood, Iand
fffis our opinion that the highest and best use of
s for thc dcvclopn:cnt of an optimum sizc residsntial
ids and market demand.
32
h the uses to ffi south.
with'a variety of resrdential
Conclusion:
ing witbin thd
224
773
V*ILUAT'ION PR0CHSS
There are thr6s getrsmliy rcsognixed approafihes considered in the v€luation sf real
prilp€rty. Tl"rey include thq incorng sales ccmparisoR, and cost appmaches" It should be
$oted that th* appropriateness urd reliability of each approach depends on ths type of
prop*flry being appraised, t}e age and condition of lhe i
availability and quality of mark*t data available for analysis.
Th* int*me approach provides an indication *f value cf a
of anticipatecl benefits (net incomo). The mctltod of
and is either based on a singl* year's incorne (di
income {discountcd cash florv}. The sales compaqj
va'lue based on *aler of properties ccnsidered ilar.
indication cf the va'lue of a property the
improvements. less accrued depreciatiun, tq whic
if any, and tb*
on a c0nverslsn
capitalixati*n
eral years'
ication of
ides an
an cost of ng
Tke appraisal process is conc
appraaches to value empleiycd-
used and th* applicahility of each
value estimate is made.
The scope of this
report the curr*nl
the subjcct
uleofP(F
appraisal will
salps
u*nl
I
value.
by a review nation of each of the
is given to and reliability of da*r
These iled and a final
the , rvhich is to develop nnd
of thc fhe estate subject property. As noted,
r.oned GU
owr:ership
ivic and Gtvernment Use) and has a land
by thu Cify of Mi*mi Beach This
the aluation of th* Froperry utiiiring tire
ical conditi$n rhe *ite has a land use and
rffitrWffiAOiam Intsnsity) consistent with the property
zubject property. Our tesearch and a:ralysls fbeused
sites with similar zoning, located in the subject
i* this report are considered of good quality and
ilaWe market data. Our aaalysis uras considsred to provide a
for the subj*st prop*rty.
be
*sl]
23
225
774
SALES CO&TF'EruSON AFPROACII
The salss comparison approach. prcduces ex cstimate af value for real estat* by
crmpari*g reoent sales of, siniilar propefiiss in the eubjectl* surrounding or competing
arca. lnberent in this approach is the prineiplc of substitution, which states that when a
property is replaceable in the rnarket, its value teads to be set at t nf acquiring an
equally desirable substitute prop*rty, assuming ttrrat nc costly red in
making the substitution-
wetn willing"
kn**iledgcable buyers and s*llers, price trends
paramcters may be exrracted. Comparability as
whieb value
ecofiomlc
"3
characteristics are impartant eriteria in evalu4ffg the sa
prerp*rty. The basic steps involved in thrs arpliffifrl&..of this are as fa
l.fi.esearching recent relevant property sules
competitiv* area.
A selection process to focus sin:ilar to ths subject,
ard then analyzing the x*prspert ideration to the
time of sale and any change in itions rvhi have oceurred as
af the dale of valuation.physical, functional, or
losatiosal also consi
B*elucing tl i.e., price per unit or price
Fer squ
Fdakin to the rable pnrpertics,
Interpreting
the availabiliry and relevancy of the data
teristics similar as the subject hav* bern coliected
based an units *f compariscu particular to the
, prjce per acre, price p*r unit). tn this analysi*,
&rea was analyxed in the valuation of the suhject
tn tle sale$, rvf, have revielr,'ed snlss of sinrilarly zcned sites in
the subject and sinrilar comperidve are&s- lVe have includ*d saies of
parcels located j$rthe zubject reighborhcod rulth xcning that pennits reside*tial use.
Based on our rEsearchn ther* was lirnited infurmation concerning curcnt listings of
similar praperties is the sxbjcct n*ighborhood. A summary chart and locafi$n map are
iuutuded on the lollewing :]ages. Iletailed sales information is pressnted in the acltlencla"
4"
The
to drsw a ineful conclusion of ralue.
:4
ifind
I, Iocationa
in relation
tme (e,9.,
2?.6
775
rt)
8?(f
(r,
({}
rtl-
F
(}q
r\,
.)I
Eor
Eu,o-0tr(L .. +
TTfiIII**
a3 Edft=
oFoO()o)rOuitooiof- tit f',1 Erfrrra &? q3 te
8888(fooo<>cr-dci()Qtr)0ro cf o) F-
r"i rrt Yj aif'E} r*! 6+ tfr
S: $l a. Ct)
-r**HBoz-52
G
e'i
t
ocl
C\l
{o
r.{ftrT****duE'u
.ld
nrll tE .E .{) ..c
==rUC)u+a86 S€ Rt .?gg 3fl :fl H"{qE eqE c.lE re(oA r'-t ;t oc8= EE *E Nd
i'- q.,? $1co
{s F"Tr$di rt
a(,)o()()F()(3o\to(3o-r:'tpriC{f\lF
8' frr\lts
?5
227
F
gH
h- oa-luo.
EH
HE
ril ruJF44,J' A
th
UJg,u
lj
TL(f^'
?g=otA f trilNJO,{I"J
<L
i THfo *6
trw
t
a $ru,a rEHEEg
lt,I {d
0Z
E,(}
l\}
Iet-{oI
776
,t;r,
:.i81 :
. i6'
.ii:'l
r,l
{;
i:i:.11." . .
l:.i\Fl r''
I ttit ,..i
t,,l:::.' :
'i{i4:,i
iri r,
g
!;::":.
:i r.
!,i;..'
. i i l-:,:
'1.fllr,
. r lir'
.\:7
.,{;::'
'.:J,
J:#r
I ii,i '1'
lir
,0
,k.
:::
',:ii rl.
', ),;.,
ii,.:
it!,:.
'Ji$,
'ri. l
: 6".'le':a
., ,1,
i.''titt t',
:::1f: ,
r,,i{t^ " r:. ,,.:
1,. ,.....
.tr 'i1i:::. rf:.
,r'l'.,1'..1r , ,:;, '?i,_i,L ;. :'i."1, .ir:Yi,
.1: -;.i-:"1 ,lfo
-' , :!:- 't , ''
,,,11i..:1, ,.i, ..l
-".
i i, .,'.. t,,,j ai,?;, nll
:13. ;*. i ri=it.r
,'. ,i.,;\,' :a. ;.rlr'ri ; -ti.
,,,.t .:,, ;,
' \?;Atla
l1J' 0c
,1;r . ,'i;t" ,': ;',
i
......
.l:, :'.::il::=
's:i ;. ' ,,',
::t,, I I ',:F,"r;i' :I l
,+r";r;*, lliir
:--
:;:::::, .j li: : aii:'
,i.:l:t'.'l:'l :":;. .:_.
- : '!- . .::'. ,
litrl 1,: 'i''r'r;,
. i.', :a.:
, o': 'r,
.L
&€i|
:' .-.
..{i.L
"Ii .
.:i:
rif,
1:1...
':i :
:,=r:,
.Lj
.'ii!,
*:,,
:
|::
F , :; pbrbn ccrnmwa
Iqtt1.,:,.o:-i .=i.'- ;
tse#' ji<4,:[ i:' ,* 'g-t - "_.' r:-!.1 :' l
ilvieu ..F=8, f,,, ,:,. i:iidf-"4';;5;=t.'' i" '.'
i tx'.';i i'Hi sfr'n dl*..**
i' .:.\' ;:'. l;t $r.r"-r s*"'*'
f"Y,\€ii, ,'{- :i'-
-* ....!1,. .,
- i-:;fi ..1 Btl- . : u':
,1- # ,5,i8i .41, 'i": '
.
t"arEfiil 'lii;lAriifl .rl *r . .1l.ri .
tj ,:'- ,;li'Ii" 1, i#. ..1:1. . *id ,rii r-, li.;'" 'i8 "" , ,i: ,;'= 'iilt2 i' '* {
, - 'l r'-.\ 1 r-"'
iarlHar.u=e4'i.i,-j"i :' :::1];.:l:i '..i:.r9.".. :P''..;-r'1 Z d
",i.aalf$ll
' ii' i''1
r ':gqli'.t1..6 , "':r ,fl;*rfl& h *
-; 6. .,.1;t i,.,f, t{, . ,
.a:don;tR0:":-':P ''
ty U-., i".-:SI : ,:'
- '';:gr::-1*F! :.rlrd:lqji-::: '',i
,,
il;?, ,,:,' i f,rrlxo"n.,r
f ', .ji,i:.t) ,i ,'
.1 ,-i f: '*;,1^,;, ,i,
,vr,.* ri ili.rgi"r*eA'^:,rf, '
': ':ts: =:'o,'1:
''* .*'
;, .et-."-J : l<,
fi.r ,*.r--:,ff", .: E; : .:' ':..'
ry'ryf1' qj,,'& .,
.ii'j.''^$#d:i .,
, o,;,,ii 1., '. 6r: : -i::il ll (i::- ;-, ,;' i,.t,' I -."_1. "1
i - j*' , ::.lt.l r; -*.)'-. #tr :.{-: f- ,, i;. ,
othlffi.l4riactr* ::' -:
r:u:;}.?
l&?"u$;stl[s!tr isg.,'''
kl*fii*:tr:*l::,i{j ::': " :': 'a' '::
$:fii:ffffigP"fi:r, *i ill;;.
ishdll ai*ittpdpqrl'1.* :r * : - :,-:i:"i':
tHHf '-.r'-3;" si+.irr*t"-I " :5
g.ffiF$I.f16il"-Tr
if='F=t ''y'. o, I:lirrl'* '-.
'ffi"f''9''sit'+iuw'a6,'ryq
f.qf::*i:,{-, .;il -t, ,*; &.-:E]:...,': .,' { I -. ,Ae/tan;atl
i?$':= i, :l;: I -,,' ': ..qgy U-::
F=,. "' -iq, . d'5#l "L*:,-,fiormenrry:' ,:('ll5$1. ; ; ,i," ri" r.til,iuA,'. . ,, 'i$l I:.
#'.i . ."*t.6e.1.:''.+.r"$;io
I&*{#+H!SS,"'-"r4..".u.oii' iiy ;'!,".iq3lh?a; lrr.i, : ti,',.j trltuJ;i'"!i -,,:"f$d#r.ftr{?-:1,rj : "'r
j ': tt. : :t:f::*.'r*:.:-:. " -1.:
:A#Eiltsqr:: ;i ;- ,:i 1.r
.:.: :t :r'."'1 ::r^ .:
S- %irdi* eiigriafcF:**iw':,1
.,.1',.;.: ;i -,-, f,' .'. t ' "-
iI".x+'.:il , $"*iiffi erii,' i,. ll*
, : i:rit- " {i#} r* ,..;;}+r +g-i :{}. *:j
"-"J, :,-, -- .-:. .;' , .: ,'1. '.0*i..t?t&t',,, riF, ;,idH-f;lpoiosarr f,..-":' Ed ;].tiry i: xtd-a' irru ".r llr+,:' ..'r..:.,! &4.:, 1f1'.i;": ', ,.ril :"i'. ';Iif,.ili.:;" .:4 'l; ."iid,*n_.i$dltd**n,'i l.,: lll,t : -L&::+{E#tr ;tiit:a,rffif,
i;ip- rS,,-il ",,r q.,,i:,'ti a
.ai ;*. ;15., spaaiipod=lirr-,1, 'r,
.:) ..}\i..jr:.:;...;:T'' .ila i1.';+..J;. r:: rF'
."... -d ..! r', ,lE" ", .;: *.".ia,, id'
'riff.1itr${r'1,|. ; ffi *6"ti."''.';6,:: ;fi#;jH,j iiffirHl
[h!if,.*;:, ;',,9 r= i: -'*;i
?6
7.78
777
Lnnd Sales Discussion
The land sales under axalysie occurred between Novemher, 2012 and January, 2014, Tlre
thre* Iand sales represent sites rvith soning classifi*ations lhat permit rnulti-fam:ily
development, similar to the subject property. The saies presented nre considered
indicative ot" th* subject proF€rty's land valne" "fhe sales unad unit prices range
from $122"19 to $175,00 per $quare foot. Ti:e salee range in si ,000 to 20,413
square fe*t.
Sale l!lo. I is h:catud st 60S4 and 6080 Collins Avenue,iBeach. This
prop*rty has a mid-bloek ioeation with road llins Avenue.
Thc rectangular site uontains approximat*ly 20,sitn has a
roning classifiration of "RM-2" {Residentinl um Intensi 0n
the zoning requirements, this sile has a
base FAR cf 2.00.
height of *tha
This vacant site was previously for of a 3Z-unit condomieium
project. a second phase ofthe Terra de*sity was 69-6 units
p€r acre" Title to this properly tsank) thrcugh
fore*losurc proceedings. During the I the site's approvals
lapsed and there are currsntly no ap e. Regians Bank listed
the property far sale qi asking price 50,00 p*r square foot. Thc
seller rvas in t'The site sold in Decemher,
?0[3 for $3,5
ilv,
per square
site and a
According to the bri:ker, the adacent
paying a slight premiunr forproperty 01v
asuemblage.
Mu
nraxi
pfevrouS
s*ld in I'I
thc truy*rs to Sevclop tte site rvith a boutique
Indian Creek Drive ia the Ciry cf Mianri Beach. Tiris
13 square lb*t or 0.4? acre. The site has a ccrner
two strsets. The rite is zoned RM-? {Residmtiai
t of 6 stories rvith a base FAR of 2.00" The property was
S3,?S0,000 or $157.02 per square foot of land area. ltre site
$3,000,000 or $146.97 pnr square foot"
$ale N*. 3 is at l3l? and 1330 14 Terrace in the Cig of Mian:i Beach. This
has a romer location with trontage and aecess frrrm two streets. The sitc is zouad Rhl-l
(Reside*tial Multifamily. Low Intensity). B*sed on the zo*ing requirernents, this site has
c maximum allowable h*ight of 5 stories rvith a base FAI{ of 1.35. The property sold in
January, 2014 for $1,955,000 or $122.19 per squarc f,crot of land aru*. A*eording to the
't'7
City
(0.46
e Villas. The
to the I
229
778
buyers, the site w*s purchased al helow nnarket vmlue and has b*en subsequrntly listed for
sale for 55,600,000 or $350.0S per square faat. The buyers indicated that they are
marketing tbe sit* ab*l'e nrarkd in hopes to attract a forcign buy*r. The buyrr indicated
that if the site do*s not sell, there nrq plans tr: develop a 25,000 square foot condominium
project. This size project indicat*s an FAR ol I,60 atlributable to an architeehriral bonus
FAR,
Snle l{q. 4 i* located $t ?2S lS0 Srive in Sunny Is[e;
cnntains lS,0fitl square feet or 0.34 acre. The site has an
The rectangular site
ion with finntage
and access from one stre*t, The site is zo*ed High D*nsity
Residential). Eased on thc zoning requirements.allowable
hright of 4 stories r,vith s bass FAR of 2.00, The fsr sale
finr $?,750,000 or $183"33 psr squerc faot of lagSrea.site sold in N
*CIr $?,70fi,000 ur $ 180.0ff per square font.
Distussio* of Adjurtrnent Faetors
Praperty *,"haracteristics and sale s are financing, changet
in markel conditions. conditions of nd size, Each of
these items has becn analyzed and
the following paragraphs.
and is disEussed on
Fin*ncing: All sash to scll*r ions, rvith typical terms *f
purctrrase ferr the nd no adj lor financing are lvarrantcd.
2 and sold as arm's length tra*sactions;
there
p&
fifivas reporledly purctrrased by the adjacent
slight preiniurn for assrmblage- S*le 3 lvaspropreiniurn for assemblage- S*le 3 lvas
to the buy*r and the property has bpen placed back tn
ight dnwnwnrd adjustrnent and Sale 3 requir*s **
sal*.
The sales transpir*d betrvEen Novenrbe-r, 2012 anel Jiu:uary,
3014.a*d conv*mations with brokers f'amilirlr with lhe subject's
and comp ll'e have determined that the markel fsr residential lald lias
experiene*d i astiviry a.fld inereased sales priecs in ?013. Sales 1* 3 and 4 are
eonsidered to cnt current market conditicns and do n*t require any adjustments.
Stlr t &'arrants { slight uprvard adjustment for imprrv*d market sunditions.
Lasation: The subject proprrty is L:cated within the n*rth*rn pnrtion pf the Ciry of Miami
Beack. Sales l, 2 and 4 are locaterl in the nonhern pcrtinn of lvliami Beach and Sun*y
Isles Beach and ar* consitlered to have similar locatinns to the subject prCIperty and do
?8
Condltion/Terms
STreR
JOHNSTON
MAGEHHEITT{T
230
779
not require an! adjustnlsots, Sale 3 is considered to have a superior l*cation to the
suhject prffperqF and requires a downward a$ustrnent.
fiizelConfigur*tiont- The subject propeny conlairs 15,313 square feet and is basical]y
rcctangular. The sales range in siee from 15,000 to ?0,413 square feet. Th* land sales
reflsctEd us disc*rnable difference in unit price based on
adjmtrnents wers warrented for size,
Condition: The subject site is vasanl. at streel grade, w
All of the sales were !'asflnt, at street grade and tlad util
tim* of,sale, thereftre no adjustments are required.
Land UselZoningfDencity: As noted, this IS
subject prop*{y would be zoned "Rtrv[-z",pfiYat
variety of re.sidential uses, The subject's
residential uses with an FAR of 2.0 and a
heigbt of
le to the site.
AVAJ the sites at the
the
ga
family
Land $ale 3 reqtrire.r an
property and do
RM-t and thsretore permite a bu
upward a$ustrnent. $ales 1,2 and
nat require auy adustment.
tn8ffi subject
Bared on the above, the saler reflected
{
tr
Nn.h,?E!8r ff .i
Sale Dale,#D*c-T Nov-12 r Jan-14 Nov-13
PriudS#H "$175.0 5146"9?-$H?.19 $180.00
Financins X U .&*w
Ternrulf Sale IU -q{a L +
k :%,.I -""qF
Lccation q!#%'
Size "t L a f
ilcndition
lilZonins +
OTHmIl ++
Csnr
indic
and t ilii'ru I under analyxis wsrs cousidered to be of g
for the subject property. Our analysis wfis bast
ct nrorgrfrr. a$ thoush vaeant. Based on an aual{ect properly, as though
rf good qr,rality und
based 0n the highest
aualysis cf the abave
Iand saleso we have t'*rmed the opinion that, as of June 34, ?014 th* rnarket value of the
subject property would be rvithin the range af SI50.0{} to $300.00 per square fotl, whieh
is calculated as follorvs:
t5,313 Square Feet K $150.0fl Per $quareFoot * $2,296,950
2q
231
780
15,313 $quare Feet x $200.00 Per Square Foot:
Co*cluded:
$3,06?,600
$2,700,000
30
232
781
RECCINCILIAIION AND TINAL VA.LUE E$TIMATE
The prucess sf rec*nciliation revicws a:rd reexamines the approaches to value which
rvere included in the appraisal. ln this analysis, the sales comparison approach provid*s
an indication of value fbr thr sudect praperty as described herein. Ths sales cnmparisan
appr*a*h was utiliz*d to estimate the land value based on a
sales.
ison of recent land
Based sn our investigation and
value of the fke simple interest
fbllows:
analysis, rrye haye
crf the subject
that the market
, 2il14, was as
TWO MILLION $EVEN HUND
($:*
31
233
782
3?
234
783
ADDENDU*I
{
fCT PROPERTY
33
23s
784
Photographs of tht Subjeet Srtperfl
Vicrv looking northwest frcm Cr-rliins Ar'*nu*'
^1q
236
785
Pholographs of the $ubject property
.iri.,
:li:
lill,
q:,
\ricu, lcroking west al0t :7 T,
- .i l,!: ?'x *r .41
ii:+,i,'*uff.i+:,':.l i
\ri*rv locking s$uthlvfst tiom Collins Ar.enue.
Avenue.
"15
237
786
PhCItographs of thc Subject Fropertl
Vierv looking nolthcast tlarn llanlir:g Arietlue'
X:
238
787
ADDE"\IDUM B _ CO}TF ATION
37
239
788
UnitPrice
Prior Sale
LAND SALE 1
west side of Cullins Avenue,
3, 3, 4 ^ffid 5, LYLE O. T{ALL SIIBDIVISION,
Page 5, Miami-Dade Ccunty, Florida
02-32i 1-008-0020 and 0030
Regions Bank
6080 Collins LLC
December,2013
28945/2709
$3,500,(}00
Cash to Seller.
$175"00 Per Square Foot
July,3013 - fareclosure dced
38
Asking
244
789
Physical Description:
Land Area
Topography.
Shape
Frontage
Zoning
Ufilities
Curnme*ts:
At the tirne sf sale the sitr was and
broker, the adjacent property ownsr
prerniun: for axsemblage. The buysrplans tc
project.
20,000 Square Feet
0.46 Acre
Fasicatly leve[ a:rd at, or near, street pa$e.
Re*tangular
Collins Avenue
"RLd-?o' {Residential Multi
City of Miami Beach
All available to th* site.
had place.
he site aeknaw
ir boutique
Intffnsityh
39
24L
790
Orantee
0ate aiSale
flH,Br?age
Sales Frice
Terms of Sale
LAItln SALE 2
Yenue, Miami Seach
Lerts 5 and 7, of thc Ah{ENDE} PLAT OF
E OCEAN TRONT SUEDIVISION,
, Page 28, Miami-Dade County, Fi*rida,
and mf60 less the wcsterly 15 Xhet, Bltck 7,
SECOND OCEAN FRONT, Plat Boak ?8, Page 28,
i-Dade County, Florida
0?-t2r 1-007-r530
02-32r r-007-1540
02-3?t l-00?-2*50
Arck MB LLC and CahenanatJ2l?8, Inc.
h{fPP Holdings LLC
Novcmber,2012
?3405/1 ?06 and 2fi 40511 7il9
s3,000,0fiCI
Cash to Scller.
40
Salffi l$Ibrmati
Grantor
242
791
Unit Price
Prior Sale
Physical Desmiption:
Land Area
Topography
Shape
Fro*tage
Zoning
Utilitie$
Comsrents:
$146.97 Per Square Foot
None three years prior
20,413 Square Feet
0.47 Acre
Basically level and near street
L-shaprd
Collins Av*nue andt'Rfvl-2't (Multi famil
City of Miami
Atl available to
A por:tion of this site rvas irnproved with an aban building,
4r
243
792
Lncation:
Legol
LA.ND SALE 3
Miami Beach
Lots 4, 5 lock ?9C. Resubdivision of Blocks
and 79 Iton Beach Realt"v CO's Alton Beath
ivisicn. Plat Ba*k 16, Page 1, Miami-
l6-0460
3233.016-04?0
0ptirna Higfuland, LLC
W'est Avenue Devclopment, LLC
January, ?0 14
t90??r2682
s1,955,00n
Ca"sh to Selier.
S12?"19 Per Square Foot
None thrce Srears prior
Tenns of $al*
Unit Frice
Prior Sale
42
244
793
Physical Description:
Land Area
Terpography
Shape
Frantage
Zoniug
Utilities
Comments:
16,00* Square Feet
S.37 Acre
Easically level and nsar str$et grade,
Rertaagular
14 Terrace and lVest Avenue
RM-l; City crfMiami tseach
All available to the site.
According to the buyers. the site wfis pu merket va has bcen
subrequently listed for sele for $5,600,000 0.00per square fuotl bu
indicatcd that they are markefing the si hops to
buyer" The buyer indicated that if the site are pians to
25"S0CI square foot condominium projeet"indiistes an F
43
gn
,elop a
attributahle to an architecfural
245
794
LAN} SALE 4
vB, Sunny {Sles Beach
Lot 6 and orthwestsrly 25 feet of Lot 7, ar
the Northeastcrly bcundary, Block 5,a
*rss Seetion "A", Plat Eook 53, Page
s County, Ftorida
Tern:s sf Sale
Unit Price
Prior Sate
1 r-002-0560
Comfort llomes Development" Inc"
Brickell Tower Business , LLC
Navrmber, ?014
?89r911485
$2,700,00G
Cash to $eller"
$180.00 Per Square Foot
Ncne three years prior
44
246
795
Physical D*scription:
LandArea
Topography
Shape
Frnntage
Zoning
Utilities
Comments:
I5,0CI0 Square Feet
0-34 Acre
Barically level and near street grade.
Rectanguiar
180 Drive
RMF-?; Sunny Isles Beach
All available to the site.
According ts the broker, the site war
square tbot. The buy*rs purchased
conduminiurn project.
$2,750,183.33 per
oFment ideatial
prev
the
45
247
796
AI}DEiYDUIII C iTORMA
46
248
797
lthuricod*Page 1 +f5
l,?.ml Berch, florld!, Code ot Ordlmnces }> $*hpa* B - f"All$ EE1lH-AP{#ilT EEdJLAllot{3 >
etaprer lrlt -zolfilI6 Dl$alorBAfih RE6utlltrolt8 * AftTlOLE ll. - otSTEtCTn&CTJLA?rOil* >'
OlVlSlOL S. * ng$rEllTlAL tAlL?lFA*tLY ElgTRlCTg >> sobdivirlon lV. RI|HI R*lde6ti6l lrhltifaEitf,
*rarttrrm h&n$lty))
#
fub{iyiflar lV. Ril.l RL.sldEntial r'lBttlliml}, ilcdNm lnl {rrlly
r6ac. 1 it2-a11, Fui6{rg"
S,SS* 1{+213 if,lCt*irosl'4rr,
S.r {11.21,1 lccs., rses
saa 1,f2.?r5 PTEbiffiLglas_
Se,:- l.€*21 6 Osr*ho$}e,rt.odtJq$o,Le.
Sls 1,{}-{1? 4{eF Jrqlie-nrGrt3
Sri. 1,{q21 B. St.{b?*.rySutp{*ffi ,
5r.(5 r {?' l2O-1 4X-2dO. RrscNsd.
tsec. 1.{1,11 1, Purpose,
fio RM.2 re$ds$ial mullilsofry, madium inlonrity dsk*l i* deoignsd lor medium htBrrsi$
mullga-famity rr$*nc**"
lq.d.,\r". ss"trffd $6-l{Art},1, ct[ t{F1.8!: &d ,,ro, qo--s5o, { 2 ?-l?-gGI
$ec. 1rl2-ii2. Main pernitted sses,
Th* meifl parmittad usss ln lhs RM-? rssidentlal mdli{amrty, nr€dium lntsntiiy disrid are
6,ingtr{*t!ih dttashdd dwfli*gs; tortnhomee; apartnenls; spa.lrEnt-h{,tg$ rfid hol€ttiGx+?pl
thal in tfis fulrn Vsa corriJor as dollncd in lfiis subdfui*bn as rtr popefiiot abulting the wed side
of Meddian Avaoue beiv€an 17lh street and Cotllne Cansl; end h lhs Wad A'renr.rc GonlCor,
deilned ln lhls arbdivBhn ac thd rraa border8d by Collins C6nal to lhs nodh, Alloa Road to tho
sad. Bisayno &rgloUre \ltlsl Erld Gtft $trgat ts thsranth,aparlmanttrolel * hdcl usas ar€onty
p6rntt*d tf ks$od r bultdog p{nni or oc*rfdlimel tceffie pdo{ lD Msy 28. 7013, ar or* spprwsd
by the design r*rilarr boad pr*uenl lo s cornplele Epplicetion fied and pa*drrg prior !o May 28,
1013, ir i,yhich eyefit lh€y drsll br congftrered a 'tgga! conforotng usa." A Eropcrty Srst lt6i { 'lsg{l
conlorming ue€' as $itd in thie *lbdfuisbn prirr lo kloy Eg, :&13, ney retaln all, snd aptrdy iar rrarar,
srpansigna and nBdificelJons lo, ponhifed. condltloml aftdror acc€ssory uses pormittod h the
eoring calagcry es ofMay 28, !013, atd apptry for buMhg pern{tl iro add, ifiprorra end/or orp*nd
dxrdins Suctrrr€B, or .ondftid trwJ st&durg6 tsr permfrled, n*$drlisnd an#*r a*essory ua*s
penr{tled ir the aonirg elogaey. il FAi ratnaht e?e}a$a.
{O*c'. /Vo. 8*2663 F,6.ltA)f2) d, 1&149, *d ir.2 !15';piq ofi lr1.9S: (}.,
^,lo
96-. 50, $ 2 7.t7.f,i C}d
ay'o.2Oi-L38t9 f't ,Atd.r.t Gd nio 2Ot3J810.9 f rO' tt-r3,
Sec. 142-213. Conditional us€s.
htrpr//library.muricctle.cern$rirrr,aspr?h*'&clicrr(lS*11097&HTIlR,cqu{il-hxptg8a{"o2.., #25,?t}f4
47
249
798
&Iunisodc farge ? of 5
Confdion*l sse* in lte Rlt&t raelCanthl ffilUani,y, madium intersit dislricl ere adull
congraggts tvmg faailily; dal carE tei[ty: nultirB honr; mligious inetiluliorGi privalr aM fob'li:
institulionq schmh comnrercial or noocommarcial perhing kis and garagg{ and accessory
nefuhborhood Imped eshliishrnant. as sel forlh in adiclp V, divkion 6 ol Urts ohapter,
fOrd. Air. 89-2065 S G-SfIJllJ * 1at4s. O,d. t!e, g$3pgr ef r1.;t^95. *d-. t'/lo. *f*0J0, S 3 /-rl-toJ
$er. t42-2t4, Acces5ory usss"
The acc€rassry $5*r h lhe RM-z ra*Ueltlial mulfiIan{ly, modium inl3ngiy distrlct al? a$
reqrjired in a{lda lV, divk*sn !. of lhls chapler and lr383 ltEt sErve alootrotio beveragee es lkted in
afri*hV,divr*ionaed$itchaFs.pa*airungloahofiolkhrcragas n*i.nprppgtraswthiarhs
PshflVlew. pr1,lhd Averur€ coddotE rrEy nol have Eccessory ouldaor sntgrtainrnerl
sdab$shrrents. Notwiilrdanding tha foregoing, a prop€rty ttrsl had a healcsrrlomiflg use as o[
Maf 3& ?OI3, *ho[ have tlre *ghl ls apply lorEnd recg]yq $psdal fuenl pornss l]at contarn
dnhdainrlenl usi6.
fod rVo 8$?6&1 $O-r6;.a1 €{L[Lt-8g &d fr'd l5*-1r?0. efl. 1t-1.g5 Orrl No 9d.3O5O i2?-r7-t6:N
Na, fr1 3- 3El l..t {, r0-t6- t I G'd . t#. zrt 1"3fij;0 g r. rGr& r3J
Sec. 14!-215. Prohibited uses.
Ths pmhlbitad r*ses in lhe Rl+? retdonlial mulitamily, nndium hlsflsih didrk* are
sccessdry ajldool ent€rrrlnfiell{ edab[rtlgnefil, scEessory 6Fer eif ehlen$inr$crlt .r*tsblishfoe,nl,
ao tat fodh h nrtkb V, division € d lhh .hatGr; and aw*ory oukJoor bs counlcr, pnd tcr
properllas locatEd within the Pah Vie,rr, and [Aha! Avenue corddorsi hotsls srd apaimenlhdels.
excel lo lho extefil pre€mpled by F'S. $ 509.032(I). and unhss thsy src a bgal contorfnhg use.
Fropcriet lhat v*bnlar$ c€ssr lo op*rate as a hcrlel lor a conseculive three-year period ehal,not
be parmiflad to lalor resurns suci holal operalion. Wrlhaul limilalbn, (a] involunlary holel dcurae
d*e tc ca*ahy, *r &) (assathn of holel ui€ oi lndMdusl unfis of s cs{'}d6-I1ot6l, 6hal not }*
dd$m6d ls bs ceasirq hotel oprretion$ Fursuant to the paecod;n0 ;sn:a*cm.
(Cd ,!b 8e2665 i 6 3(A)(5) e? r&t.ai *d. No gfi.lc'f. 5 2 7.t1.96 CvJ r{l, 3):J.?.{ri, $ , ,&r0.r3.
ed $s 20?.il850 *t. I&rFfi
Sec. 142-215. Dev€lopnenl regulatiorrs.
Tln developnrmt regukliun* in lhs RN-? r6$id*{tisl muhifdmily, madtum iotan6ity distrid ers
a: [o{a+rn:
(1) Met. FAHI 2.O-
{q!d, i,lg.8*260$ 0 f.j{E){r.1, r?. dr. t0-1.81 Od ira
'.,
!*rS, e# ,&,5.9.r' Gd f*p S.f-i"fl}r- atr ,i-30.r"r1
&r. f\'o geJrg, $ , ,.?r-9& H Mo 9&:1149, S i. , t-+95J
8sr. 1{3-117. Area requirrrnentc.
Tlre sraa requkaments ln Sre RM-2 rseijantbl narhifamlly. rnettium htensity dlsirlc, ar€ as
lollorils;
lhnlnurn
LOt ATEE
(Squafe Fefti
Li(w{dth
tfret)
!$rlt Saze
(tR afB feeil
tuttdtos xi&rbar
of Ststes
UftIt
{sqlrar€ fBetl
https:l/Uttrar!^,r,rll:icod**omlprint.as'$?h\&cli*n{l}=13097&HT[rflcqreat-]rtlp*9ir3Lva?... S!25nA14
4fi
2s0
799
I'lunicads Frge 3 ol5
|'Ord. ,1r.o. sS[66& S 6.3l8JfS. etr fo.f -80; t}a ]/r:- 9"L2r54, dfr r r-3'S&i. GU, ib. 9U-3S,Z S'Z t]-f"SI {!$.
tf6 !6-1151 6 r. r?.{-?s; &d. }?o $$l2r$. $ r. f f-ia90. on iA? 200!-edfi3" ss. s1445r 6fd nu t/.,, s 3.
tl-t* 1 t (ili. 6ra, tor.r.raiq i t 2 t2. t4
$ec- r,t2..21$. Setbaeh requlrement$,
The uetbsa* regukurftants in lha BM-l reahenlbl ml*ltifsmily, fix{ilm inlen*fu di*kid are as
ftdlolr*:
https:/4ibr*ry.unnirodc.cortr,rpriut opx?h-&stienllD=I3097&tfllttReqtrtit=htps?'r3.nq,'r1.," StrA0l{
49
Hetfit
,md i0 l!\^,
:of6tniat!trt--5$d
lon-e{derly s{d
rtdcrty lor ard
lcif
iErEtfiJEtisn--800,loodde{and
*d*r$ t6# !fld
fint rie
lis$ict-50
e$((epi as
fi!,tdcd lo
ectloE i.|?-116t!
\re* betcldod hy
*daa free* Dr,,
iolllra*ve-, 260r
it., .ndd4th 5t.
-,5
irea fr.flti'E u,ei
ide sf Ctlttirs
we. bb*n" I6tl
[. aftd ?9& 5t.
-?5
rer {rg'rfltt HE
ide o{ Alt6e Rd.
,et*r/sen ffll*["
iadfrcyFd. and!r.3frfttt,-"s
ltferrYlr+{{)
otr frattirg
lbape Bry tcss
har 45,000 sq"
t.-r00
{tr frrrt{ng
liscaFe BEyo.#
r5,0Q0 iq, fL-r,{0 |
,o*fra*lru
*[an6.O6€ilr
,wr 10!,000sq.
l -t,lii
fi3rodc 6lstrkt-!
€xcept at
rovkJed in
*ctlon 14?"1 l&t!
trea Sounded by
ndian (reek 0r.,
:olfin5 6y8., l6tl!
iL, ard {,ttl! SL
-E
VGe frsltlrB fi*sl
rldEaf itrtrr td-
tetwetrtAthrr
iodfrey Ld- rnd
ir, 3.{t} SL-.8
U€tfre*iru $861
,de of fo*tli1.
lw. t&xn 76th;t ryd }itfi 5L*{
)tlennir+*
,sl.r frfillpg
)ixayne Bayles
hao,t5r00S rq
t"-1t
,Bt! rnrrtin*
ll*ayneSlyoer
15,00rq" fL*l,
.oG frcntir4
\flilti(Oc$atr
r€r t00,000 $*
t.-15
E{rstnd: sa6
6ctql l4?-I163
Ierlab{Itat{d
uitdhg*-{0$
ldtel m{ti
l!d:3S-135
85X: t]*"
Frrgt{rg:5ee
ectl6* t4:-Ilsl
lrfrabllitrtfd
ulldl*91350
16r€{ unliE*tuA
frmi Cl/a
lntxirv
}XE, rA([I*
! StreeL
Eetr
U-[rffdsnErldng lot
m B}e5aflle lot
xcrpt.*fiere (b]
,elo., i5 apptictbh
ljs fe*t r l€eq tr )}0t l0[
rldth, rr&l*:€lEr lg
ir€618r
i fe*t, or 5x 0{ !*i
dd!h, vldtfi€ver ls
tr&$ts
{on-ocegflrafi{
ots-5 leet
kesn*ontlot -30'eetfroro brdl*r€rd
{t!-
or i5$ lot
sdrl$e*er ls
'. {0 feet if tot
tr ts or Io[
wt,rchrv€r l9 fs€t
toG-50
251
800
Ir50 fcet nr fisn ldkt*rd
rerlEril}l l0 tee{
x{e9llo8 A ail
r-30 sf theAmendet
'tat Indlao ococh
kporatldr
,r-&dtY{shn ffid lots
3t-137 of t\e
irn€rd€d }tat af Flr:l
keNn Frqrl
,iMlui:lr$-6'l lE"
iln of t}* slde y6r&
itill.tpal t6?iof lot
vHlh
Snhra$fi*I.5 f*rt s
l{ ofw 1iddth,
vblchevar k lreEtrr
un d the ltlelanb
|stt e4xtt tn1 a{ t0{
Yidth
d,rlmutn-?"3 f.ct cr
ft of hwidth,
*ri(Aelcer * grsetet
ton,ceantfotlt
ars"-I$t.f tot depth
kernlront lotr--?ffif tot dcp&, 50 feet
mm tttt h$ht|end
hcr?hlchG*€r &
faitir
-d let il ,eet: 'l rsQi toa
|tlery I foot lncreasa
n }elght aboe xl
t6t, to s medmufir
{ t0 fsst, tlxn shall
e{flart corEtanl
x{eFt lot* A and
-lO of tnt Anlended
'l*t lndian Beoch
:xp*ratlur
{&dlYtiton atd lotr
31-8? of t ra
ffisr*€d Piat sf Flrsr
x{.in Frfit
irlreliufdn*Ell tfff
Ina r6cpr,so gec€{&
etba* p{u$ S.t0 of
,r€ h.lgtfof $la
r,l8nr pdtEn of tlE
lrrlUr}rlg. the krtd
€$k€d 1etbeck stlat
Ht Ercee$ 30 ftei.
ilflrl o,f tfia $d6 y.rdr
lxlt crya{ 1&t of t}€
stwidth
rtrirrrllil-7.$ fc*t oa
Kr$ totuddth,
!,hieheltr t$ greEtsr
roal"scaantfBat!
xr*"t5!i cf lotdepth
kaanfrmt lotr-25$
* lot dspthr 75 f€rt
rinirrgm frofi! the
*,{khea.l lke
thi(hev.f k grarter
#
Mrllicodc Pryc4ofI
{bl l* u*oas rrhera lhe cily commiatiar ap$rovos afi*r public heariafl a fusb"priwls parking
"gr€rrrFflt
for* n.ighlo*ood bas€d 0pon en aFp&yod rtr€€t inpr,,renrenl plan, lho
rnintnlm lmnt yard satbeclr for pe*iag ruL{eet lo fhe agrearnanl *hall be rem fsel. Tha
st$s! iilrFrou€$rerll plan mosl bo app6vEd by the dodgn rsyle{e bosrd i{flJtErde {.n iifitoriD
$drht, 0r thg h:st6ric pmderyalisr b{srd lf h$de ao hblorid dlsl,ir*,
t"*sl. rrlo 8*2f65 SE 6-5€j, &*
"{i.
r*r49. Od tS 0&gi!3" e{I yt-tt-C& Snd. llr:- il.!I$7 *tt" !t-Z-!t;
&d .,r4, 0?-t66s ,tr ,tt?.eJ crc r?u, s{.tf$*,6,r ,r,*w, &rd. .It!, cf.3050 627-17.86. $rd rfn 9$3106
$ ?- r"?1-9& Crd &i, ,eE {.3.lf4 Sa t?-l0,o{
Sea 142-219, Begulationr for nely canstfi.lction.
ln tha ftlril-2, rmidentiEl dbtM, all lhors of e building conlahlng parhng *paoee shall
incffpn 6te lfle klloy{ingi
Resfr*r{hl orcammettklusrs, si *pplhabls, el lh6 tlrcl tey{l .loogt $r€ry trc*dt
tacing r drs,sl, ridEy$lk sr rrater$€y, For ptupErti*e nol harirg acress lo an *lley,
the nqshed r€*iJantbl lpar€ rhe! aeommodelo ontranc* and {s(il drivo&
Residp$pl usacnboyr llt* firEl levEl $tofig evsry faoade f*clng € $alefir,ay.
For pmperlks l€6s lfmn E0 t@l io widlh" lhs totsl arrrounl of r€s*nthl*paoe at lhe
finrt let €l shng r slr€stild€ ihell ba dcarmhad h7 the dcoign nnieyr or hidoric
preserrz*ion board. *s applcabh, All fmades ebovs lha ftd krel, lad$B s drest cr
sid*dali{. 6lta}l ircfudB a trlbtlarikl Fortior 6f f'sidonlhl $s€& tho tolal sE€unl sf
rasidrntial spaec shEl be delermhcd fu the design ravianv or trislorb prcaenatincr
board, ar appfc*bla. based cpon thsi r€sp€c.tirt crilcria,
bnpr;rtlilnary,"mmicodr.com/print-a;px?h=&clientll)=1309?&IlTlvtBcqr:cst*hrps9olatl2,., 6,73Q014
fi)
m
,(3)
50 ffirJOHHSTOM
.u4slgs#Elsg*,
252
801
IUmic{de
tard. ItrB. &6&35i0" s3..r-c-6o
$e€s. ld2.?20-l{2-2{0. Rescrved"
Puge 5 ofj
hfps:/llibrary-munito&.comi'print.arpx?ir*&clicr*lD*13*97&tlTttfReq**t-hnps%32Yol-. $fztnil4
5t
253
802
AnIENDUM D - QUAI
5l
254
803
QIJALT FTCATIONS Or AFPRAISER
AHnRf,,W H. IIA,GEIIHSIIUER, MAI
EDUCATISTi:
Bnchelorts Degree, The Unjversity of the So*[h, Sewante, T
f,XPEBtrENCEI
Eighteen years in the field sf real $stat$, invol
appraiml, eecnomir research and markct analysis.
June, 1997 to Present, Principal, Slack. Jsh
February, l$87 to July, I991, StaffApprai.rar,
GENERAL APPRAI$AI., E trERI
Appraisals - Vacant land, aviation
bui lclings" af artment buildings,
Consuking -
estate
of consultatisn,
,lnc.
lnc.
iedman lns"
shopping centers, ofTice
e-family residences.
marke is, feasiFility analysis and nd valorem real
pertai to industriat, com.mercinl nnd residential
al Estata Appraiser, Certifieation No. RZ 1 073
, IviA[, Certificare ]iurnber 1CI113, C*nti*uing Education
of th* South Ftorida Chapter of the Algraisal Institute
53
AFFIL:ATION*:
H[.fi] l
255
804
trAC}IAX,Y J. OLEN
EFI.JTATIOS:
Bachelor's Degree, Florida State LJniversiry, Tallahassee. Florida, 200.1
EXF&RIENCIr
June, ?*04 ro Presert, Slach Johnston & Magentieirner,
Appraisal/cansultin-e experienee inciudes the followi
A*rorauti c al Properrl'
Aparanent
Automobile Dealership
Ma*etabilityiFeasibility Study
Gffice Building
Warehauss
Yacant Land {variCIus zoning
GIiNE,RAI. APPEAI$AL f, XTEBIEN
Appraisals - Vasant land, ayiation
Consulting
AFFILIATIONS:
ia]
snd ofTice buildings.
.h, I
and
anallr'sis, f#"sibility an*lysis, real estate
prilpertics.
Estate Appraiser, Cerrification No. P€3124
5jl
255
805
RESOLUTION TO BE SUBMITTED
806
THIS PAGE INTENTIONALLY LEFT BLANK
807
Condensed Title:
COMMISSION ITEM SUMMARY
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING
THE WRITTEN RECOMMENDATON OF THE CITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,
AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AND AGREEMENT WITH TASER
INTERNATIONAL, lNC., lN THE AMOUNT OF $635,057.90 (FOR YEAR ONE OF THE AGREEMENT), FOR THE
PURCHASE OF BODY CAMERAS AND ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLICE DEPARTMENT
AND OTHER CITY DEPARTMENTS, ALONG WITH A LICENSE TO UTILIZE EVIDENCE.COM, A CLOUD BASED
DIGITAL EVIDENCE STORAGE AND MANAGEMENT SOLUTION; SAID AGREEMENT FOR AN INITIAL TERM OF
oNE YEAR WlrH FOUR ONE-YEAR RENEWAL OPTIONS, TO BE EXERCISED AT THE CtTy'S DISCRETTON (AND
SUBJECT TO FUNDING AVAILABILITY); AND FURTHER AUTHORIZING THE MAYOR AND THE GITY CLERK TO
EXECUTE THE AGREEMENT. UPON SUCCESSFUL NEGOTIATIONS.
lntended Outcome S
Streamline the Delivery of Services Through All Departments.
Supporting Data (Surveys, Environmental Scan, etc.): Body-worn cameras can reduce false complaints against officers
and frivolous lawsuits against agencies. A Cambridge University study of the Rialto (CA) Police Department documented
that the use of body-worn cameras resulted in an 88% reduction in the number of misconduct complaints and a 600/o
reduction in the use of force by police officers. Similar studies and information obtained from olher police departments
mirror these results.
Item
TASER lnternational is the industry leader in body-worn cameras and cloud based digital evidence management and
storage. While there are other body-worn cameras available in the marketplace, the AXON camera system offers a
number of features unique only to TASER which will impact the operational feasibility of a body-worn camera system,
including multiple mounting options which allow video to be captured from the officers' point of view, camera battery life
that exceeds 12 hours (other camera-worn systems have a significantly shorter battery life which would require re-charging
mid-shift), and the Evidence Transfer Manager which provides for automatic file uploading while simultaneously charging
the camera's battery. Most importantly, they are the only manufacturer lhat offers a hosted evidence storage and
management solution, which provides important functionality including (but not limited to) evidence system redundancy,
expert database management, automatic tracking of all system activity and real-time reporting critical for cou( purposes.
ln order to improve organizational transparency and accountability, the implementation of body-worn cameras is being
recommended for the Police and other city departments. As the result of product reviews, field testing by the MBPD and
recommendations from other law enforcement agencies based on their experiences, TASER's AXON body-worn camera
system and their digital evidence management and storage solution (Evidence.com) were selected to meet this need.
Additionally, the National lnstitute of Justice (NlJ) recently completed a review of available body-worn camera systems
which provides further evidence to the Taser Axon system being the system best suited body-worn camera for the City's
requirements.
The Administration recommends a five year, phased agreement with TASER for the body-worn camera systems as
detailed below. The agreement contains a non-appropriation clause which allows the City to terminate the agreement in
the event sufficient funds are not appropriated. The contract also contains a termination for convenience clause.
The first year of the agreement consists of purchasing and deploying the following number of body-worn cameras along
with a subscription granting access to Evidence.com. The Police Department will begin with an initial deployment of 65
cameras, allowing the Department to fully evaluate the impact of the technology. Subject to successful deployment of the
technology, the agreement also provides for the deployment of 50 additional cameras, at no cost to the City, within the first
year. Contingent upon a successful year one deployment, the agreement provides for the full deployment by the Police
Department by year two. The Fire Department, Code Compliance Division, Parking Department and Building Department
will each initially deploy five cameras for evaluation and testing. lf successful, the departments will proceed with full
deployment within the first year as follows: Fire Department - 20 cameras, Code Compliance Division - 43 cameras,
Building Department - 37 cameras and Parking Department - 57 cameras. The total budgeted cost for the first year of
implementation of body-worn cameras is $635,176.30. The costs for years two, three, four and five are 9953,183.72,
$1 1 5,902.00, $1 15,902.00 and $1 1 5,902.00, respectively.
RECOMMENDATION
Approve the resolution.
Advisorv Board Recommendation: N/A
Financia! !nformation:
Source of
Funds:re
OBP!
Amount Account
YEAR 1 TOTAL
FUTURE YEARS
$86,000
$79,000
$57,000
$310,000
$104,000
$636,000
s1.071.000
General Fund (Code Compliance)
Building Training and Technology Fund (Building)
Fire Training and Technology Fund (Fire Rescue)
Confi scated Trust Fund-Federal (Police)
Parking Fund (Parking)
Funds subject to FY 2O14115 Budget Appropriation
Funds subiect to Future Year Budoet Aoorooriationa
-
AGET,TDA trEx R-l kMIAMIBEACHo^rE q'10-ly808
Financial lmpact Summary: Year 1: $635,176.30. Year 2: $953,183.72. Years 3-5: $115,902.00/per year. Five year
lotal is $2,706,528.12. The proposed enhancements for the Police Department include funding for two positions in Year 1,
total of $196,682.55. ln Years 2-5, it is anticipated that three positions will be needed with full deployment, total of
$247,79O.951year. Additional associated costs for the Police Department include build-out of Property and Evidence Unit
to include electrical and carpentry, $39,000; lT infrastructure improvements, $12,030; and annual internet connection fee,
$15,500.
Clerk's Office
LM/KGB/MAS//MMM
Charles Tear
809
MIAMIBEACH
City of Miomi Becch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miqmibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and MemberS of the
Jimmy Morales, City Manager
September 10,2014
SUBJECT: A RESOLUTTON OF THE MAYOR AND CITY COMMISSTON OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATON
OF THE GITY MANAGER AND WAIVING, BY 5/7THS VOTE, THE FORMAL
COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN
THE BEST INTEREST OF THE CITY, AND AUTHORIZING THE CITY
ADMINISTRATION TO NEGOTIATE AND AGREEMENT WITH TASER
INTERNATIONAL, tNC., tN THE AMOUNT OF $635,057.90 (FOR YEAR ONE
OF THE AGREEMENT), FOR THE PURCHASE OF BODY CAMERAS AND
ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLICE DEPARTMENT
AND OTHER CITY DEPARTMENTS, ALONG WITH A LICENSE TO UTILIZE
EVIDENCE.COM, A CLOUD BASED DIGITAL EVIDENGE STORAGE AND
MANAGEMENT SOLUTION; SAID AGREEMENT FOR AN lNlTlAL TERM OF
ONE YEAR WITH FOUR ONE.YEAR RENEWAL OPTIONS, TO BE
EXERCISED AT THE CrrY',S DTSCRETION (AND SUBJECT TO FUNDTNG
AVAILABILITY); AND FURTHER AUTHORIZING THE MAYOR AND THE CITY
CLERK TO EXECUTE THE AGREEMENT, UPON SUCCESSFUL
NEGOTIATIONS.
ADM!NISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Streamline the Delivery of Services Though All Departments.
BACKGROUND
Two areas of public concern facing most police departments today are Use of Force and Officer
Complaints. Millions of Americans have cellphones with built-in cameras. These cameras are
often used to record use-of-force incidents involving police officers. However, these recordings
seldom show the suspect's actions prior to the use-of-force or the events from the officer's
perspective. ln addition to the time and resources it costs to address these issues, over $2
billion is paid out each year in the U.S. just to settle brutality complaints.
A recent year-long study by Cambridge University involving the Rialto (CA) Police Department,
credited the use of body-worn cameras with an 87.5% reduction in the number of misconduct
complaints lodged against Rialto's police officers. This study also documented a 59o/o decrease
in the number of incidents where police officers utilized force. The presence of the camera
deterred negative behavior and encouraged compliance on the part of the public as well as
improved the accountability of police officers.
!t's not a surprise then, that the fastest growing trend in law enforcement is the deployment of
TO:
FROM:
DATE:
810
Commission Memorandum
IASER Body Wom Cameras
September 10, 2014
Page 2 of 5
body-worn cameras.
Therefore, in an effort to improve organizational transparency and accountability through video
technology, the City of Miami Beach has determined the use of body-worn cameras should be
implemented within those departments where there are high levels of interaction with the public.
Personnel identified as meeting this criterion are Police Officers, Fire lnspectors, Code
Compliance Officers, Building lnspectors and Parking Enforcement Specialists.
TASER INTERNATIONAL
TASER lnternational is the industry leader in body-worn cameras and cloud based digital
evidence management and storage. Other manufacturers of body-worn cameras incorporate
some, but not all, of the features found in TASER's AXON camera systems. Two unique
features that distinguish TASER from other manufacturers, are the multiple mounting options for
the AXON Flex camera which provide video evidence from the wearer's "point of view" and
Evidence.com, TASER's cloud based solution which allows for the secure storage and
management of video and other types of digital evidence. Other specific features offered by
TASER and desired by the City of Miami Beach include:
o 12-hours of camera battery life in 30 second pre-record buffering mode and in record
mode. This is the only camera that has the ability to last a full shift without being
recharged.
. TASER's Evidence Transfer Manager (ETM) allows automatic file uploading and
simultaneous recharging of body cameras. Each ETM has multiple docking stations and
users do not have to be present while files upload. Users can dock their cameras in
seconds at the end of their shift and go home; no log-in or wait is required. TASER is
the only vendor that offers this option.
r TASER cameras and digital evidence management solution enables users to
immediately link and attach metadata to recordings prior to the evidence being
uploaded. The ability to attach metadata in the field improves accuracy and efficiency.
All other systems require the digital evidence to be uploaded to a laptop or desktop prior
to the metadata being attached.
. Evidence.com provides efficient, managed, hosted storage of all forms of digital
evidence, redundant back-up, automatic tracking of all system and user activity, real-
time audit reports to show chain-of custody for evidence without the need for local
storage or software.
o TASER's "Evidence Mobile" is the only mobile application that gives users the ability to
capture digital evidence, immediately identify it, and link it to Evidence.com from an iOS
or Android mobile device. This application allows the evidence to immediately become
manageable and searchable in Evidence.com.
GOSTS
The Agreement with TASER is for the purchase of body-worn cameras, associated hardware,
licensing and a subscription granting access to Evidence.com for a period of five years. The
total cost for all Departments for the five year period is $2,706,527.62. This cost is spread out
over the term of the Agreement as shown below:
811
Commission Memorandum
IASER Body Wom Cameras
September 10, 2014
Page 3 of 5
Year 1 - $635,176.30
Year 2 - $953,183.72
Year 3 - $115,902.00
Year 4 - $115,902.00
Year 5 - $115,902.00
The Agreement contains a non-appropriation clause allowing the City to terminate
Agreement in the event sufficient funds are not appropriated in years two through five.
Agreement also contains a termination for convenience clause.
The following chart shows the breakdown of payments to TASER over the five year term of the
Agreement:
the
The
P{eporcd by:
Ihe Ollre of €netqer(), ArdDoq€nrPnl
TASER OUOIE
Body-worn Coma:o Annuol (ortc
FY 2O15 Thru FY 2Ol9
s57 l6r.48 s t 2.690.00 s12.690.00
s78 4 14 56 s27.072.00 s27.072.00
65 camms s309.933.50
31.918.Oii8-02
50 emcr!3 {No cosl io CfYi
]:0 clmc6s s579.745. I 0 5256.850 00 s256.860.00 $2s6.860 00 s256.860.00
Esl. Shp9ng s242AO s675.62
Totrl 93 10. I 76.30 $837.28r 72 s256.860.00 $256.860.00 s256.860 00
Tor.r annulr co3t3: tct5,057.t0 s933,1&!.72
Five Yaar Total Cort:
3r15,902.00 3115,t02.00 ilr5,302.00
52,706,727.62
Note: ln o&iton lo the purchose ol comeros, this quote ncludes oll ossocpted hordwote, licening, &ta storcge fe€s, dndthe seMices
deto,ld n TASER'i ptqessifiol Seryices Agrcement. fherc orc no qdilaonol costs.
812
Commission Memorandum
IASER Body Wom Cameras
September 10, 2014
Page 4 of 5
The Police Department, to handle the additional duties that will result from their implementation
of body-worn cameras, has submitted a proposed budget enhancement for additional
personnel. The proposed enhancement calls for the funding of two positions in the first year, at
a cost of $196,682.55. The second, and subsequent years, call for an additional position for a
total cost of $247,790.95 per year.
The Police Department will also incur the following non-budgeted, additional costs associated
with the implementation of body-worn cameras.
. Property and Evidence Unit build out, electrical and carpentry: $39,900o lT infrastructure: $12,030o lnternet charges, per year: $15,500
The other Departments will also incur additional, non-budgeted costs when implementing the
use of body-worn. Although these costs are expected to be less, it is anticipated there will be a
significant increase in public records requests. Fulfilling these requests in a timely manner will
mostly likely require additional personnel.
PHASED.IN DEPLOYMENT PROCESS
The deployment of the body-worn cameras will be conducted in several phases beginning in
October 2O14.
Fire, Code. Buildinq and Parkinq
The initial deployment for Fire lnspectors, Code Compliance Officers, Building lnspectors and
Parking Enforcement Specialist will consist of five body-worn cameras each, for an initial period
of approximately three months.
Prior to implementing full deployment for these Departments, an evaluation of the program will
be conducted to identify and rectify any unanticipated issues related to the use of the cameras
and, the storage and management of the video collected as well as the management of public
records requests.
Beginning in January 2015, the following number of additional cameras will be issued:
o Fire lnspectors - 15. Code Compliance - 38o Building lnspectors - 32o Parking Enforcement - 52
This constitutes full deployment for these departments.
Police
As the largest user within the City, the Police Department's deployment of body-worn cameras
will be conducted in three phases. The initial deployment will consist of issuing approximately
65 cameras to sworn personnel working in the Entertainment District and other areas where
there is frequent contact with the public. ln addition, one or two officers from each shift and
patrol area will be selected. lt is anticipated this first phase will last approximately six to 12
months. At the conclusion of this first phase, like the other Departments, an evaluation will be
conducted to identify and rectify any unanticipated issues related to the use of the cameras and,
813
Commission Memorandum
IASER Body Wom Cameras
September 10, 2014
Page 5 of 5
the storage and management of the video collected as well as the management of public
records requests.
Phase two will consist of deploying an additional 50 cameras, possibly as early as April 2015, to
police personnel assigned to the Crime Suppression Unit, Assertive Crime Enforcement Unit, K-
9 and SWAT. Additionalvolunteers from Uniform Patrol on various shifts and area assignments
will also be issued cameras. At the conclusion of this phase, another evaluation will be
conducted to further improve the program.
Phase three will consist of deploying the remaining unassigned cameras to all uniformed
officers and first line supervisors. This anticipated deployment will begin approximately 18-14
months after the initial deployment.
POLIGY AND TRAINING
Prior to the deployment of any body-worn cameras, each of the respective Departments will
have an approved policy in place to include, but not limited to, when body-worn cameras will be
activated/deactivated, the procedure for storing collected video, retention periods and who can
access stored video and for what purposes.
The Police Department's policy will be written utilizing the lnternational Association of Chiefs of
Police's body-worn camera model policy and will provide the basis for the other Departments'
policies.
Prior to being issued a body-worn camera, all users will attend four hours of training. Training
will cover departmental policy, operation of the camera and the transfer of video from the
camera to Evidence.com.
CONCLUSION AND RECOMMENDATION
Based upon TASER's unique features and a field test conducted by the Miami Beach Police
Department, product reviews, detailed analysis of competitive camera systems and
recommendations from other police departments and law enforcement professionals, the
Administration recommends the Mayor and City Commission authorize the Mayor to enter into
a five year, phased agreement with TASER lnternational for the purchase TASER's body-worn
cameras and associated hardware along with a license to utilize Evidence.com.
JLM/KGB/MAS/MMM
T:\AGENDA\20'l 4\SeptembeASuntrust ATM MEMO (9-1 0-1 4).docx
814
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATION OF THE CITY MANAGER (AS FURTHER SET
FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYTNG THIS RESOLUTTON) AND WAIVING, By 5/7THS
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
C!TY, AND AUTHORIZING THE CITY ADMINISTRATION TO
NEGOTIATE AN AGREEMENT WITH TASER INTERNATIONAL, !NC.,
tN THE AMOUNT OF $635,057.90 (FOR YEAR ONE OF THE
AGREEMENT), FOR THE PURCHASE OF BODY CAMERAS AND
ASSOCIATED HARDWARE FOR THE MIAMI BEACH POLTCE
DEPARTMENT AND OTHER CITY DEPARTMENTS, ALONG WITH A
LICENSE TO UTILIZE EVIDENCE.COM, A CLOUD BASED DIGITAL
EVIDENCE STORAGE AND MANAGEMENT SOLUTION; SAID
AGREEMENT FOR AN tNtTtAL TERM OF ONE YEAR, WITH FOUR (4)
ONE YEAR RENEWAL OPTIONS, TO BE EXERCISED AT THE CITY'S
DISCRETION (AND SUBJECT TO FUNDING AVAILABILITY); AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT, UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS.
WHEREAS, the Administration has identified Taser lnternational, lnc. as a manufacturer of
point-of-view (body-worn) cameras that provide a hosted digital evidence storage system with
the ability to collect, transfer, manage, retrieve and share the digital evidence captured by these
cameras; and
WHEREAS, Taser lnternational, lnc. is an industry leader in body-worn cameras, which
upon implementation within certain departments of the City of Miami Beach, the Administration
believes will improve organizational transparency, accountability and safety; and
WHEREAS, the Administration has determined that the utilization of body-worn cameras
shall reduce complaints against police officers, reduce the number of use-of-force incidents,
provide unparalleled evidence for court proceedings and reduce frivolous or meritless law suits
against the City; and
WHEREAS, in addition to these body-worn cameras being utilized by the Police
Department, the Administration intends on having the City's Fire lnspectors, Code Compliance
Officers, Building lnspectors and Parking Enforcement Specialists, who routinely interact with
the public to be outfitted with these body-worn cameras, with the expectation that such cameras
will further establish positive organizational transparency, accountability and safety for the City;
and
WHEREAS, the Agreement between the City and Taser lnternational, lnc. will be for an
initial term of one (1) year, for the monetary amount of $635,057.90, and the City shall have the
option, at its discretion and subject to funding availability, to extend the Agreement for four (4)
815
one year renewals; for a total contract amount of $2,706,527.62 for the five (5) year Agreement
term; and
WHEREAS, the City Manager recommends that the City Commission waive, by 5/7th vote,
the competitive bidding requirement, finding such waiver to be in the best interest of the City;
and
WHEREAS, the Administration has confirmed that Taser lnternational, lnc.'s body-worn
cameras, coupled with their Evidence.com Data Management System software, is an exclusive
product and service provided by Taser lnternational, lnc., and is the only hosted evidence
storage system that is offered by a manufacturer of body-worn cameras, which is in the best
interest of the City.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the written
recommendation of the City Manager (as further set forth in the City Commission memorandum
accompanying this Resolution) and waiving, by 5/7ths vote, the formal competitive bidding
requirement, finding such waiver to be in the best interest of the City, and authorizing the City
Administration to negotiate an agreement with Taser lnternational, lnc., in the amount of
$635,057.90 (for Year One of the Agreement), for the purchase of body cameras and
associated hardware for the Miami Beach Police Department and other City departments, along
with a license to utilize Evidence.com, a cloud based digital evidence storage and management
solution; said Agreement for an initial term of one year, with four (4) one year renewal options,
to be exercised at the City's discretion (and subject to funding availability); and further
authorizing the Mayor and City Clerk to execute the Agreement, upon conclusion of successful
negotiations.
PASSED and ADOPTED this day of
ATTEST:
2014.
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
flffiffiq#s
4k*.r{-#
816
THIS PAGE INTENTIONALLY LEFT BLANK
817
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
Qualification (RFO) No. 201 4-1 28-ME, For Leqislative Consultinq Services.
lntended Outcome Su
Item Su m mary/Recommendation :
On February 12, 2014, the City Commission approved the issuance of the RFQ, which was issued on
February 26,2014, with an opening date of May'16, 2014. A pre-proposal conference was held on March
17,2014. The City received three (3) proposals. .
On July 15,2014, the City Manager appointed an Evaluation Committee (the "Committee"), which convened
on August 19,2014 to consider proposals received. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The results of the evaluation eommittee
process were presented to the City Manager for his recommendation to the City Commission.
After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City
Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications
(RFO) No.2014-128-ME, for Legislative Consulting Services, authorize the Administration to enter into
negotiations with the top-ranked firm, Corcoran & Associates, lnc., dbaiCorcoran & Johnston and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Ballard Partners, lnc., and should the administration not be
successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the
third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an
agreement upon conclusion of successful negotiations by the Administration
RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's rankings of proposals received, the City
Manager recommends that the Mayor and the City Commission, pursuant to Request for Qualifications
(RFO) No. 2014-128-ME for Legislative Consulting Services, authorize the Administration to enter into
negotiations with the top-ranked firm, Corcoran & Associates, lnc., dba/Corcoran & Johnston, and should the
Administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing
negotiations with the second-ranked proposer, Ballard Partners, lnc., and should the administration not be
successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the
third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the City Manager to execute an
Agreement upon conclusion of successful negotiations by the Administration.
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
Financial lnformation :
Environmental Scan, etc: N/A
$107,255 011-9322-000312
$107,25s
Financial Sum
slative Trac
\20 1 4July23\RFQ 20 1 4- 1 2B-M
li
AGEil,IDA ITEM
DATE
R1 t-
l'la'tt'l{B MIAAAIBTACH 818
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members {f the City
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
REQUEST FOR QUALIFICATIONS NO. 2014-128-ME (THE RFQ), FOR
LEGISLATIVE CONSULTING SERVICES.
ADM!NISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Account No. 011-9322-000312 - $107,255
BACKGROUND
Legislative services are essential in order for the City to advance its agenda with the State
Legislature. Accordingly, on October 1, 2008 the City entered into an Agreement (the
"Agreement") with Rutledge Ecenia & Purnell, P.A., Gomez Barker Associates, lnc., and
Robert M. Levy & Associates, lnc., (the "Lobbyists") pursuant to Resolution No. 2008-26875
through September 30, 2013.
On December 11 , 2013, the City Commission authorized the extension of the Agreement
through July 31 ,2014, to allow for the City to competitively solicit proposals, through an RFQ,
from qualified firms interested in providing the requirement legislative services to the City.
RFP PROCESS
On February 12, 2014, the City Commission approved the issuance of the RFQ, which was
issued on February 26, 2014, with an opening date of May 16, 2014. A pre-proposal
conference was held on March 17, 2014. The City received three (3) proposals from the
following firms:
. Ballard Partners, lnc.. Corcoran & Associates, lnc., dba/Corcoran & Johnsono Rutledge Ecenia P.A.
On July 15, 2014, the City Manager appointed an Evaluation Committee (the "Committee"),
consisting of the following individuals:
o Dan Gelber, Attorney, Gelber, Schacter and Greenbergo Jose Gonzalez, Vice President, Florida East Coast lndustries
o Alex Miranda, Chief of Staff, Mayor's Office. Joe Rasco, Director, Miami-Dade County Office of lntergovernmentalAffairs. Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding
819
Commission Memorandum - RFQ 2014-128-ME for Legislative Consulting Services
September 10,2014
Page2
o Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding
The City Manager also appointed the following individuals as alternates:
. Judy Hoanshelt, Grants Manager, Office of Budget Performance lmprovements
. Elizabeth Wheaton, Assistant Building Director, Environment & Sustainability Division
Dan Gelber, was not available when contacted, Jose Gonzalez and Joe Rasco both identified
a conflict of interest.
The Committee convened on August 19, 2014, to consider the proposal received. The
Committee was provided an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Government Sunshine Law. The Committee was also provided
general information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's rankings of proposals
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Qualifications (RFO) No. 2014-128-ME for Legislative Consulting Services,
authorize the Administration to enter into negotiations with the top-ranked firm, Corcoran &
Associates, lnc. dba/Corcoran & Johnston, and should the Administration not be successful in
negotiating an agreement with the top-ranked proposer, authorizing negotiations with the
second-ranked proposer, Ballard Partners, lnc., and should the administration not be
successful in negotiating an agreement with the second-ranked proposer, authorizing
negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the
City Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, pursuant to
Request for Qualifications (RFa) No. 2014-128-ME for Legislative Consulting Services,
authorize the Administration to enter into negotiations with the top-ranked firm, Corcoran &
RFQ 2014-128-ME
Legislative
Consulting
Services Judy
Hoanshelt Rankinq
Alex
Miranda Rankino
Scott
Robins Rankinq
Elizabeth
Wheaton Rankinq
LOW
AGGREGATE
TOTALS RANKING
Ballard Partners, lnc.75 3 80 2 78 2 80 2 I 2
Corcoran &
Associates
dba/Corcoran &
Johnston 79 2 100 1 90 1 85 5 1
Rutledqe Ecenia P.A.BO 1 75 3 60 3 75 3 10 3
820
Commission Memorandum - RFQ 2014-128-ME for Legislative Consulting Services
September 10,2014
Page 3
Associates, lnc. dba/Corcoran & Johnston, and should the Administration not be successful in
negotiating an agreement with the top-ranked proposer, authorizing negotiations with the
second-ranked proposer, Ballard Partners, lnc., and should the administration not be
successful in negotiating an agreement with the second-ranked proposer, authorizing
negotiations with the third-ranked proposer, Rutledge Ecenia P.A.; and further authorize the
City Manager to execute an Agreement upon conclusion of successful negotiations by the
Administration.
JLM/JJ/MT/AD
T:\AGENDA\2014\July\Procurement\RFQ 2014-128-ME Legislative Consulting Services - Memo.doc
821
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACGEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALIFTCATTONS NO. 2014-128-ME (THE
RFQ), FOR LEGISLATIVE CONSULTING SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP
RANKED PROPOSER, CORCORAN AND ASSOCIATES, lNC.; AND SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE TOP.RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WITH THE SECOND.RANKED PROPOSER, BALLARD
PARTNERS, ING.; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-
RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD.
RANKED PROPOSER, RUTLEDGE ECENIA, P.A.; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Qualifications No. 2014-128-ME (the RFQ) was issued on
February 26,2014, with an opening date of May 16,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on March 17,2014; and
WHEREAS, the City received a total of three (3) proposals; and
WHEREAS, on July 15, 2014, the City Manager via Letter to Commission (LTC) No.
250-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Dan Gelber, Attorney, Gelber, Schacter and Greenberg. Jose Gonzalez, Vice President, Florida East Coast lndustries. Alex Miranda, Chief of Staff, Mayor's Office. Joe Rasco, Director, Miami-Dade County Office of lntergovernmental Affairs. Scott Robbins, Resident and Chair of the Blue Ribbon Panel on Flooding
The City Manager also appointed the following individuals as alternates:
. Judy Hoanshelt, Grants Manager, Office of Budget Performance lmprovements. Elizabeth Wheaton, Assistant Building Director, Environment & Sustainability Division
WHEREAS, the Committee convened on August 19, 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
822
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Corcoran and Associates lnc., as
the top-ranked firms, Ballard Partners, lnc., second highest ranked; and Rutledge Ecenia, P.A.,
third highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
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, Corcoran and
Associates, lnc.; and should the Administration not be successful in negotiating an agreement
with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Ballard
Partners, lnc.; and should the administration not be successful in negotiating an agreement with
the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Rutledge
Ecenia, P.A.; and further authorize the City Manager to execute an agreement upon conclusion
of successful negotiations by the Administration.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2014-2014-128-ME for Legislative
Consulting Services; authorize the Administration to enter into negotiations with the top-ranked
firm, Corcoran and Associates, lnc.; and should the Administration not be successful in
negotiating an agreement with the top-ranked proposer, authorize negotiations with the second-
ranked proposer, Ballard Partners, lnc.; and should the administration not be successful in
negotiating an agreement with the second-ranked proposer, authorize negotiations with the
third-ranked proposer, Rutledge Ecenia, P.A.; and further authorize the Mayor and City Clerk to
execute an agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:lAGENDA\2014\September\Procurement\RFQ-2014-128-ME Legislative Consulting Services - Resolution.doc
day of
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
q \3[/.
Dole
823
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
Adoption Of The Florida Department Of Transportation (FDOT) Preferred Typical Sections For SR
907/Alton Road, From 43 Street To Pine Tree Drive And From Pine Tree Drive To The Beginning Of
Bascule Bridge No.870613; Said Preferred Typical Sections Developed By FDOT, Based On Public
lnput From The May 30,2014 Public And Additional Meetinqs With Citv Staff.
COMMISSION ITEM SUMMARY
Item Summary/Recom mendation :
The Florida Department of Transportation (FDOT) is currently working on a roadway design for two
sections of the SR 907/ Alton Road, referred to as Typical Sections. One typical section runs from 43
Street to Pine Tree Drive and the second one runs from Pine tree Drive to Allison Road.
The SR 907/Alton Road corridor is a four-lane divided typical section consisting of two 10-ftwide inside
lanes and two 11-ft wide outside lanes with shared bicycle lane markings (sharrows) with 9-ft parking
lanes on both sides of the road. The road will be bordered by a 2-ft curb and gutter, for storm water
collection purposes, with sodded swales and sidewalks, providing access to homes abutting the
corridor. The roadway will also retain almost the entire existing landscaped median.
This project was programmed by FDOT to reconstruct and address deficiencies such as roadway
pavement, drainage, lighting, signalization and signing, as well as pavement markings, consistent with
the FDOT Work Program and the Miami-Dade Metropolitan Planning Organization (MPO)'s
Transportation lmprovement Program (TlP). This project will also improve the width of the existing
parking lanes from 43'o Street to Pine Tree Drive, install markings for sharrows, upgrade pedestrian
ramps and sidewalks to current standards, and upgrade drainage including the installation of stormwater
pump stations.
Once completed, this project will benefit the public and the community by providing an upgraded
roadway while maintaining most of the existing trees in the outside swales; adding signage; encouraging
bicyclists to use North Bay Road as an alternative to the sharrows on Alton Road; and improving
roadway drainage by utilizing a pumping station as a means to enhance roadway drainage. lncidental
benefits include upgrades to the roadway lighting system as well upgrades to the signalization and
pavement markings along the corridor.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Data (Su Environmental Scan, etc.): N/A
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI I Total
Financial lmpact Summary:
T:\AGENDA\2014\SeptembeAPublic Works\FDOT Typical Sections. Summary.docx I
{
J
AGE.'.,!DA "'* R-]. IY# MIAMIBEACH ox'ra 4-10'l(824
g MIAMIBEACH
City of Miomi Beqch, ,l700 Convention Center Drive. Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
September 10,2014
A RESOLUTION OF THE
MIAMI BEACH, FLORIDA,
TO:
FROM:
DATE:
SUBJECT:
the City
MA AND CITY COMMISSION OF THE CITY OF
ORIZING THE ADOPTION OF THE FLORIDA
DEPARTMENT OF TRANSPORTATTON (FDOT) PREFERRED TYPTCAL SECTTONS
FOR SR 907/ALTON ROAD: FROM 43,d STREET TO PINE TREE DRIVE AND
FROM PINE TREE DRIVE TO THE BEGINNING OF BASCULE BRIDGE NO.
870613; SAID PREFERRED TYPICAL SECTIONS DEVELOPED BY FDOT, BASED
ON PUBLIC INPUT FROM THE MAY 30, 2014 PUBLIC MEETING AND
ADDITIONAL MEETINGS WITH GITY STAFF.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution.
BACKGROUND
The Florida Department of Transportation (FDOT) is currently working on a roadway design for
two sections of the SR 907/ Alton Road, referred to as Typical Sections. One typical section
runs from 43 Street to Pine Tree Drive and the second one runs from Pine tree Drive to Allison
Road.
The SR 907/Alton Road corridor is a four-lane divided typical section consisting of two 1O-ft
wide inside lanes and two 11-ft wide outside lanes with shared bicycle lane markings (sharrows)
with 9-ft parking lanes on both sides of the road. The road will be bordered by a2-ft curb and
gutter, for storm water collection purposes, with sodded swales and sidewalks, providing access
to homes abutting the corridor. The roadway will also retain almost the entire existing
landscaped median.
This project was programmed by FDOT to reconstruct and address deficiencies such as
roadway pavement, drainage, lighting, signalization and signing, as well as pavement markings,
consistent with the FDOT Work Program and the Miami-Dade Metropolitan Planning
Organization (MPO)'s Transportation lmprovement Program (TlP). This project will also
improve the width of the existing parking lanes from 43'0 Street to Pine Tree Drive, install
markings for sharrows, upgrade pedestrian ramps and sidewalks to current standards, and
upgrade drainage including the installation of stormwater pump stations.
825
Commission Memorandum -FDOT Typical Secfions
Page 2 of 2
Once completed, this project will benefit the public and the community by providing an upgraded
roadway while maintaining most of the existing trees in the outside swales; adding signage;
encouraging bicyclists to use North Bay Road as an alternative to the sharrows on Alton Road;
and improving roadway drainage by utilizing a pumping station as a means to enhance roadway
drainage. lncidental benefits include upgrades to the roadway lighting system as well upgrades
to the signalization and pavement markings along the corridor.
CONCLUS!ON
The Administration recommends adopting the Resolution.
Attachments:
A. Existing and proposed typical section for SR 907/Alton Road Pine Tree Drive to Allison
RoadB. Existing and proposed typical section for SR 907iAlton Road 43'd Street to Pine Tree
Drive
JLM/MT/#IRG/JG
T:\AGENDAVol 4\September\Public Works\FDOT Typical Sections. Memo.doc
826
cELrrtrlI t{lto->>-(1!
CB
0lq
5O
trJYL!
ss
iLJl
=a8(^
Attachment - A
<"€
<i:
Noo
s.-
\j:LI<
=io:
u.J
=!
\(r(
e
trf
ul
<Q
=ql{
FT
t--5o
oa
0lq5O(
(r)
t!
t(
a
lJ-]
Xi'e6,.4
(.)q
tU
aqq
!!(l
t!<
q
01
a
a
e
ul
I
.al<- gl
I
I
t"l
-ul-t
Iit
-5l
ull-? Ei
a
ll_J\
!u.JQA
l.-rth(D
- 'al
sil
i)
a
ocr
==O =9\\ !lv)ua F- Xl9
LLI O (<"'
(.rt Lr-l =c.SO (r) Pf,=G
S -., !sE!
G X x^d8n \Jv!..\\a) qlI sHs
lJ_.f
=o-
a
oq
==\l -gb
F- s:s(lt; (!s
Sat Fps-
tn -. +s,P!
\; ->\!
ilQ HsH
Q- qS.> u)4.=
F-L
t!
=a_
-r rSt
6.l!sq5(a)
lJrv)
o
q
(oLlJ\.,
a(
L,)
tr_ft\rl
tl{
F-
F-.
Jo
oa lr-
c0lrJ
cr a-5>L!
oco
=quv-U! (-)
[=a
CO lrJ trliaa((
a
trJ
+>So
i#=
tq(
a
lJ.J
827
Attachment - B
{
$SEO<q-()
-
=t!a
of,
t{
LJqE
tl{lrJF(!Lq-s>(5ts
!b
oq5o
lIJH
c'"=:s
5HI
I
!lnL
\Po-
dsl
^-Qo-{uot
r>
UJE
=
UJ
a
f,
ul
:=8E
tjQ66
!J-lty'
;,
troqL
L!i.d\l
t!o;
53
ah
il=
tt
Le
Ur
)
a
UJ0-t
aq
o
cils
tp-\
=
s
= d^=Q QAi.^l-- dt-Jo,ic-l tq*s
:-LLl =r+Gh EsPi<' st>
l+tti \oQ\ Xf,nro"'r-- a:!o-i'.- (,,)(^>
F)
YIr:I
iii+s
€ ssqnF- dt!$
HH:ES -8'5sp S
P= a:q -
Q-S t**
LL qrq>- u)6>
l-- |1
il<^ld -4aa\ Ylu <-/ )-l\ / =z-z-lo\,V)-r8(r I
S
Ur
o-t
F
Ur
,Bt
ssl
_:l
ul
n3r
Sat-St
xl
ndt
sEl
+
+
o
=ut<
a-_
r l--.,rl
I
E
85
t\bUia
\r
a
Le
!f,
N
8tp
5lolotlFt{l-O16QIN8l{(
HL5$
G5t{
(I)l{ta-5>ots
s5!--<
E_8o(^o
!
Itq
f,6
Ur !o
E=50LT<(5
=
=
=trJq
oL
l{
IJJtL
cl
6N
o
lr
h6N
t!ts
\q
b
828
E$ot
Co
.{n
l-O
O)
ua
O,
rbr
n\
829
O.
rbr
a\
-e
-E
=CTe
-b
C5HaG'eE
C=
a
C\Tlt?
a
Ef.
=sE+
-€=s<l=
-(Js.3
EE
Gg
CJ
G
E
830
q-
f,o3:
eo,j
Enoq
tr>
TE
a
EIB-i5sq
t!
O,
rbr
a\
s
=E^a Q*{A:: PF.
EH eli o
HI;I[ =
[ *H*
t)$
o
trJt
aE
B
stQo6.R hHt: o'$
=tS \o<^a - r
3p:5
b*4
CDI{JN
sHs
r)v
rE
o
tIl-o
oot-oo
(trJ
o
{r,+,ooL+,a
E'L
(Y)$
(qgF
Ir
{!4
o=std>
bE
il=
H;I
-]l-rl!
85ii
is
I=ro
.gn\ r'-Cr)\(^,i i<'
$ ..JQ
Il a-
t-IU'qIrthril
\rl
It?lJ"\n
831
!
s3
<E-o
*\
u
oL
LO
i(
iaoj
-Qq
gE
r:S
\fte
=
ES
E!
Q
)
\t(
!J
I
I
$iltI
<-
O.
nbr
n\tt(
E"L0-5>ots
Gl
aa
B
El{r-c:
-ls
YE
IJJ
Ea
= H=a crq
sb EyI
S FSirQ--l <* ^ S
PS [s -NQ-n.- qq'c)
!- qa o-L'[i>
H
J
sqa
UJ
^"uF !$lx *S'
=i\ \Q\^A _ LroXil
3*o3
xlRdGo;
qQo-
'u=q
C)o{J
=o
rI
l--(n
v')>{.<<r{o
0*!l-
su
6rSd
\
q
tut-l..
o
GBL!
(bL!
ea-5>.OF
pI
EE
8(4
i
I
ds
P&<o
i.,r)N
o,
l-Lo
ooLl-
otr
II
o-
o+,
o
II Lo
ool-o
(,
(EJ
,
+
.E?$
=$
UJt
oI
ur
!uqtE
E}
TI
Il'
{
i
E
il
I
I
(4
tu
_H
No
a
h
<r€
<r
?
i-
t,r
E>
uxgi
F:l"
,
-.t>
N ?
>rE
L
G
FH
€M
832
L!YL<;,<
HE
=st(4i
LrJ
=!
it
L(/)
l{
t{a-
q
U.Jt-
F.
€
aq
o
al/)\t!
qu-
UJl-trJl--(5x(tE
.E
aq
o
iq
t-
e
t{J
O.
rbr
n\d5
ES
[- <_(4(^
l.J
_llt)
a
oe
R ^s-< o(40
fiL $!3
I 3 Fpso
H u ;tE=
L *_Hs
t!
a-
qt![-t'-('
ial{
(Dt{ta-et
t{J
h=
5S
EE
$
ul
{
tq
a
oq
==ON-R3qdt.
EpS-l-'- (^r. Ol--<lLl[->-<>-
H8H
sEs
U.J
=q
-ll
n8t t
s$! Ioll
-ll*l I
"'8t I
H3i i-3t
t
---J I
al I
83t t
5grdl I
1l I
83t t
5:11 Is:.dl I:tl
!3i i
sEr Idl
I
-1 I
sii
St t
dl I
<-
<r
<r-
{
rr>
+>
I
{
I
I
Irq
t
&t
E
Got,
tro
e
o+,
o
II L.o
o
o,t-F
o
C
II
o-
!tt
'je
l4l
(Jo-(}85=
[-= O(4trJ (Lliae
q(q
tU
833
3 OEftE
lE=Ft :EE=Eg=
E#PEEeo-o G' -\ o-Jo:f-c y6 6 E f E p
= o) qJ' >'vU.= o a '= ElE= P E.8
B!i58fi.==P B o 5
*P€f;Egt{"8 o-c (U $9SuE lo_9o
= 5:= or.E =E sEEE Apr
=890.E#NeEE
EE q g€E
E UP o cu G= 6tspp =d
(U
o
$t-oo-o
o
E
(Ea
o
.-c
G
ot-
aCo
ooa
(U
.9o-
oao
F.
\f,
rON
J
rL-oboe
Botpo=o-c-oo-- OO-ctL
9=Eg3E
n\CA\yb6.q
= 93rotrk
E 3IE.9 E
E E a
E 5E
O-O tts
F a}y
-(U(u)-(J /-'ios-ca= ook(oo-Y Oo tm
al-lrctrFq *EFd=
O,
rbr
n\
:
og
o
!I
l|r,ooa
I
(tr
.9
CL
F
E'oaoo.ol-
o-
tho
a
{r,IItfrotro
m
834
-ol-
IJo
lFo
.Yo
Go
o+,
.=
ct)tr
II er-o
(U
oLotr
IIJ
aooLF
ol-
IJ+,
(U
=
835
fi
r*
.cIl-
-Jo
tfro
.Yo
(E
m
o
{r,
.E
cnc
II er-o(tr
ol-o?
-IJJ
aoot-F
oL
IJtl-,
(tr
E
836
RESOLUTION TO BE SUBMITTED
837
R7 - Resolutions
R7N A Resolution Accepting The Recommendation Of The City Manager To lssue Pursuant
To Request For Proposals (RFP) No.2014-051-SR For Design/Build Services For
Neighborhood No. 8: Sunset lslands 3 & 4 Right-Of-Way lnfrastructure lmprovements.
(Capital lmprovement Projects/Procurement)
(Memorandum to be Submitted in Supplemental)
Aqenda rtem R7d
oate -j:lo'lV838
THIS PAGE INTENTIONALLY LEFT BLANK
839
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
840
f',1'' A ," i Il-{i*IrJl"-"4
l--i L- o'a * '", i I
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.qov
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-7411, Fax: (305) 673-72U
N MEMORANDUM
To:Moyor Philip Levine ond Members o rsston
From: Jimmy L. Moroles, City Monoger
Dote:September 10,2014
Subiect: BOARD AND COMMITTEES
ADM! NISTRATION RECOMMEN DATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL VAc
Ad Hoc Committee Centennial 7 Commissioner Jonah M. Wolfson 1
Celebration
COMMlSS
Ft
PAGE
Page I
Affordable Housing Advisory
Committee
City Commission
Commissioner Ed Tobin
18 5 Page2
1 P"g" 3
Convention Center Advisory Board Commissioner Ed Tobin 1 Page t'l
Fine Arts Board
SUNSETS 09/30114
Commissioner Ed Tobin
Commissioner Jonah M. Wolfson
Commissioner Joy Malakoff
Commissioner Michael Grieco
Mayor Philip Levine
14 2 Page'16
1
2
2
2
We are committed to providing excetlent publc service and safety to alt who tive, work and play in our vibrant,fc Agenda nem 8? Ar;
Date alo-lq841
BOARD OR COMMITTEE:
Gay, Lesbian, Bisexual and
Transgender (GLBT)
VACANCIES
TOTAL MBRS. APPOINTED BY:
15 Commissioner Ed Tobin
TOTALVAC PAGE
1 Page'tl
Health Advisory Committee 11 City Commission 1 Page t8
Health Facilities Authority Board City Commission 1 Page 19
Marine and Waterfront Protection
Authority
14 Commissioner Jonah M. Wolfson 1 Pagez3
Miami Beach Commission For
Women
21 Commissioner Ed Tobin
Commissioner Michael Grieco
2 Page27
1
Miami Beach CulturalArts Council 11 Commissioner Ed Tobin 1 Page21
Miami Beach Human Rights
Committee
10 City Commission 1 Page 29
Police Citizens Relations Committee 14 Mayor Philip Levine 1 Page 37
Transportation, Parking, Bicycle-Ped
Fac. Comm.
14 Commissioner Ed Tobin 1 Page +o
Attached is breakdown by Commissioner or City Commission:
lrrr,r,#rp
842
BOARD OR COMMITTEE:
Gay, Lesbian, Bisexual and
Transgender (GLBT)
VACANCIES
TOTAL MBRS. APPOINTED BY:
15 Commissioner Ed Tobin
TOTALVAC PAGE
1 Page 1t
Health Advisory Committee 11 City Commission 1 Page 18
Health Facilities Authority Board City Commission 1 Page 19
Marine and Waterfront Protection
Authority
Commissioner Jonah M. Wolfson 1 Page2314
Miami Beach Commission For
Women
21 Commissioner Ed Tobin
Commissioner Michael Grieco
2 Page2t
1
Miami Beach CulturalArts Council 11 Commissioner Ed Tobin 1 Page2}
Miami Beach Human Rights
Committee
10 City Commission 1 Page z9
Police Citizens Relations Committee 14 Mayor Philip Levine 1 Page3t
Transportation, Parking, Bicycle-Ped.
Fac. Comm.
14 Commissioner Ed Tobin 1 Page 4o
Attached is breakdown by Commissioner or City Commission:
JLM:REG/sp
843
Board and Committees Current Members
Ad Hoc Committee Centennial Celebration 2014'28s31
Composition:
The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations
pertaining to all matters with respect to events and activities related to the City of Miami Beach
Centennial on March 26,2015, and who shall report to and receive direction from the City
Commission, and which shall be comprised of seven (7) members who are direct appointments by the
Mayor and City Commission with terms of membership to begin on July 31, 2013 and expiring on July
31, 2015 (subject to earlier or later sunset by the City Commission).
Resolution 2014-28531adopted on March 5, 2014 extending the committee until July 31, 2015,
City Liaison: Max Sklar
Vacancy:
To replace Trudi
Cejas
7l3L/20t5 Commissioner Jonah M. Wolfson
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carmen (Maria) Lopez
Dawn McCall
George Neary
Ray Breslin
Reagan Pace
Sheila Duffy-Lehrman
713112015 Commissioner MickySteinberg
713112015 CommissionerJoyMalakoff
713112015 CommissionerDeedeWeithorn
713112015 CommissionerMichaelGrieco
713112015 Mayor Philip Levine
713112015 Commissioner Ed Tobin
Applicants Position/Title Applicants Position/Title
Dennis Mouyios Dr. Barry Ragone
Meryl Wolfson
Vl/ednesday, September 03, 2014 Page I of42
844
Bourd und Committees Current Members
Affordable Housing Advisory Committee sec' 2-167
Composition:
The committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct
appointments, one made by the Mayor and each commissioners. The direct appointee
shall either be:(i) a resident of a locally designated community development target area for a
minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated community develoment target area for a
minimum of six months.
The remaining eleven (11) members shall be appointed at large by a majority vote of
the Mayor and City Commission, as follows:
One citizen:
1) One citizen actively engaged in the residential home building industry in connection with affordable
housing;
2) One citizen actively engaged in the banking or mortgage banking industry in connection with
affordable housing;
3) One citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing;
4) One citizen actively engaged as an advocate for low-income persons in connection with affordable
housing;
5) One citizen actively engaged as a for-profit provider of affordable housing;
6) One citizen actively engaged as a not-for-profit provider of affordable housing;
7) One citizen actively engaged as a real estate professional in connection with affordable housing;
B) One citizen who actively serves on the local planning agency pursuant to Florida Statute 9763.3L74
(Planning Board member);
9) One citizen who resides within the jurisdiction of the local governing body making the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One citizen who represents essential services personnel, as defined in the local housing assistance
plan.
If the city, due to the presence of a conflict of interest by prospective appointees, or other reasonable
factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable
housing, a citizen engaged in the activity without regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
To replace (6) Not for Profit |2l3ll20l4 City Commission
Stephanie Berman
To replace Robert (1) Res. Home Bldg. L2l3U20t4 City Commission
Saland
To replace Adrian (9) Res. Juris Local Gov 1213t12015 City Commission
Adorno
To replace Karen (11) Rep. Essential Ser. 1213L12015 City Commission
Fryd
lltednesday, September 03, 2014 Page 2 of42
845
Bourd and Committees Current Members
To replace Jeremy (4) Low-lncome Adv
Glazer
Vacant
l2l3U20L5 City Commission
12131.120L4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
David
Frank
Jane
Juan
Karen
Laurence
Mayela
Michael
Muayad
Seth
Suzanne
Orlofsky
Smith
Kruszewski
Hayes
Rojas
Fryd
Herrup
Mueller
Bernstein
Abbas
Feuer
Hollander
1213112015
12t31t2014
1213112014
12t31t2015
12t31t2014
12t31t2015
'1213112015
1213112014
1213112015
12t31t20't4
12t31t2014
12t3112015
Commissioner Micky Steinberg 12131121
(3) Rep. Labo H.Bld. TL12-3
(8) Local Planning
(2) Banking/Mortgage
(10) Rep. Empl. With/jurisdic
(5) For Profit
(7) Real Estate Professional
City Commission
City Commission
Commissioner Jonah M. Wolfson 12131121
City Commission 12131116
CommissionerJoyMalakoff 12131121
City Commission
Mayor Philip Levine
12131114
12t31t21
12t31t21
12t31121
Commissioner Deede Weithorn 12131121
City Commission 12t31t17
CommissionerMichaelGrieco 12131121
City Commission 12t31t21
Applicants Position/Title Applicants Position/Title
Britta Hanson
Eric Lawrence
Guy Simani
Joseph Landesman
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Josephine Pampanas
Wednesday, September 03, 2014 Page 3 of42
846
Board and Committees Current Members
Art in Public Places Sec.82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, at,
architecture, sculpture, painting, artistic structure design and other appropriate art media for display
or integration in public places.
City Liaison : Dennis Leyva
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Cathy Byrd 1213112014 City Commission 1213'll1g
Chana Sheldon 1213112015 City Commission 12131119
Janda Wetherington 1213112014 City Commission 12131116
Lisette Olemberg- (T11213112014) 1213112015 City Commission 12131114
Goldstein
Megan Riley 1213112014 City Commission 12131116
Ombretta Agro Andruff 1213112015 City Commission 12131119
Susan Caraballo 1213112014 City Commission 12131t18
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Alexander Orlofsky
Carolyn Baumel
Dale Stine
Francinelee Hand
Laura Levey
Lori Nieder
Michelle Ricci
Scott Robins
Vanessa Menkes
Adrienne Krieger
Allee Newhoff
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Leslie Tobin
Michael McManus
Mirta Limonta
Susan Schemer
Veronica Camacho
- n; i ; ; ; i ; ; : i ; ; ;; ;; ;:trTTtri 4 Page 4 of 42
847
Board and Committees Curuent Members
Audit Committee
Composition:
The members of this committee shall consist of seven (7) voting members, one each to be directly
appointed by the Mayor and each City Commissioner. The primary purpose of the committee is to
assist the governing body in selecting an auditor to conduct the annual financial audit required in FS
218.39; however, the audit committee may serve other audit oversight purposes as determined by
the entity's governing body.
Under FS 218.391 the committee shall:
1. Establish factors to use for the evaluation of audit services to be provided by a certified public
accounting firm;
2)Evaluate proposals provided by qualified firms; and
3) Rank and recommend in order of preference no fewer than three firms deemed to be the most
highly qualified to perform the required services.
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
FS 218.391 &
,{e 20
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandy
Unger
Kaufman
Weithorn
Gidney
Weil
Starkman
Honvitz
CPA
CPA
CPA
CPA
1213112017 Commissioner Joy Malakoff FS 218.39
1213112015 Commissioner Ed Tobin FS 218.39
1213112015 Commissioner Deede Weithorn FS 218.39
1213112017 Commissioner Micky Steinberg FS 281.39
1213112015 Mayor Philip Levine FS 218.39
1213112017 Commissioner Michael Grieco FS 218.39
1213112015 Commissioner Jonah M. Wolfson FS 218.39
Vl/ednesday, September 03, 2014 Page 5 of42
848
Board and Committees Current Members
Board of Adjustment
Composition:
Two (2) year term.
Appointed by a 5/7th vote,
Seven (7) voting members composed of two members appointed as citizens at-large and five
members shall be appointed from each of the following categories (no more than one per category),
namely: Law, Architecture, Engineering, Real Estate Development, Certified Public Accountant,
Financial Consultation, and General Business. The members representing the professions of law,
architecture, engineering and public accounting shall be duly licensed by the State of Florida; the
member representing general business shall be of responsible standing in the community; the
member representing the field of financial consultation shall be a Certified Public Accountant,
Chartered Financial Analyst, Ceftified Financial Planner, a Chartered Financial Consultant or
investment advisor registered with the Securities and Exchange Commission, or someone recognized
as having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a five-seventh vote of the city commission.
Members of the Board of Adjustment must be either residents of or have their principal place of
business in Miami Beach; provided, however, that this amendment shall not affect the term of existing
members of the Board of Adjustment.
City Liaison: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
RSA l-2 Sec 1 18-
17.4
Barton
Bryan
Heidi
Larry
Noah
Richard
Richard
Goldberg
Rosenfeld
Tandy
Colin
Fox
Preira
Baron
1213112015
1213112015
1213112015
1213112015
1213112014
1213112014
1213112014
Commission
Commission
Commission
Commission
Commission
Commission
Commission
12t31t19
12131115
12131119
12131119
12t31t18
12t31t16
12131119
Financial Advisor
CPA
At-Large
Gen. Business
Real Estate Developer
Law
At-Large
City
City
City
City
City
City
City
Applicants Position/Title Applicants Position/Title
Andres Asion
Brian Ehrlich
Deborah Castillo
Gabriel Paez
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Nelson Fox
Roberta Gould
Seth Frohlich
Bradley Colmer
David Wieder
Frank Del Vecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Muayad Abbas
Richard Alhadeff
Scott Needelman
Victor Ballestas
Ll'ednesday, September 03, 2014 Page 6 of42
849
Board and Committees Cuwent Members
Budget Advisory Committee sec'2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives website is located at
http://miamibeachfl.gov/cityclerk/scrol l.aspx?id = 72497
Alternatively, the Releases can be found by going to the City's main poftal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter choose the first listed Commission
meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brian
Christopher
David
Dushan
Jack
John
Julio
Marc
Ronald
Harris
Pace
Lancz
Koller
Benveniste
Gardiner
Magrisso
Gidney
Starkman
Financial Adv.
c.P A. (T112l31t2014\
12t3'U2014
12t31t2015
12t31t2014
1213112015
12t3112015
12t31t2015
12t31t2014
1213112014
1213112014
City Commission 12131119
Mayor Philip Levine 12131121
Commissioner Deede Weithorn 12131118
Commissioner Jonah M. Wolfson 12131115
CommissionerJoyMalakoff 12131115
CommissionerMichaelGrieco 12131116
Commissioner Ed Tobin 12131121
City Commission 12131114
Commissioner Micky Steinberg 12131121
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Michael Levine
Noah Fox
Robert Schwartz
Carl Linder
Elliott Alhadeff
Jason Wltrock
Mario Coryell
Mirta Limonta
Regina Suarez
Wednesday, September 03, 2014 Page 7 of42
850
Board und Committees Current Members
Committee for Quality Education in MB
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
Nofth Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-B Center
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-B Center
Treasure Island Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons who
shall report to the City Commission actions of the Committee for Quality Education; the City Manager
shall further designate a member of city staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
City Comm. Designee
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec.2-190.134
Betsy
Beverly
Judith
Karen
Keren
Michelle
Tiffany
Mateu
Heller
Berson-Levinson
Rivo
Bajaroff
Thomas
Heckler
12t31t2014
12t31t2015
1213112014
12t31t2015
12t31t2014
12t31t2014
12t31t2015
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner Deede Weithorn 12131115
Commissioner Ed Tobin 12131115
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131118
Beth Edwards
Dr. Leslie Rosenfeld
Elisa Leone
Ivette Birba
Jessica Burns
John Aleman
Rosa Neely
Shelley N Groff
Tamar Oppenheimer
Rep. of the PTA for Nautilus Middle School-6/30/15
ACM/City Manager designee
Rep. ofthe PTA for Biscayne Elementary 06130115
Rep. of the PTA for Feinberg Fisher K-8 6130115
Rep. of the PTA South Pointe Elementary 061301L5
Rep. of PTA North Beach Elem. School 06130115
Rep. of PTA for Treasure Island Elem. 061301L5
Rep. of the PTA for MB Sr. High School 06/30/15
Rep. PTA for Ruth K. Broad K-8 6/301L4
Llednesday, September 03, 2014 Page 8 of 42 (Continued...
851
Bourd und Committees Curuent Members
Applicants Position/Title Applicants Position/Title
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Laurie Kaye Davis
Jessica Burns
Kristen Rosen Gonzalez
Tashaunda Washington
Wednesday, September 03, 2014 Page 9 of42
852
Bourd und Committees Current Members
Committee on the Homeless Sec.2-161
Composition:
The committee shall consist of nine (9) members,
three (3) to be appointed by the Mayor and
each Commissioner to appoint one (1).
Each member of the committee shall be selected from membership in an organization such as, but
not limited to the following:
Service Providers:
Douglas Gardens Community Mental Health,
Salvation Army,
Better Way,
Miami-Dade County Homeless Trust;
Civic Representation: Notth Beach (North Beach Development Corp), 41st Street (Middle Beach
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordinator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Maria Ruiz
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Dale
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Mirta
Rachael
Gtatz
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Limonta
Zuckerman
(TL1213112014)1213112014
1213112015
1213112015
1213112014
1213112014
12t31t2015
12t31t2014
12t31t2015
12t31t2015
CommissionerJoyMalakoff 12131114
Mayor Philip Levine
Mayor Philip Levine
CommissionerMickySteinberg 12131121
Commissioner Ed Tobin 12131116
CommissionerMichaelGrieco 12131117
Commissioner Jonah M. Wolfson 12131121
Mayor Philip Levine 12131t21
Commissioner Deede Weithorn 12131117
12t31t21
12t31121
Applicants Position/Title Applicants Position/Title
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Eda Valero-Figueira
Magui Benitez
Monica Casanova
Rocio Sullivan
Zeiven Beitchman
ll/ednesday, September 03, 2014 Page 10 of42
853
Bourd and Committees Current Members
Convention Center Advisory Board sec' 2'46
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serue as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serve as a non voting ex-officio member.
Adm i n istrative representatives f rom the ma nageme nt g rou p,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Vacancy:
To Replace Joshua
Wallack
7213I120L4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Tony Rodriguez
Ita Moriarty ex-officio, GMCVB Adm Rep
Joshua Levy ex-officio, Chair Bd. Dir. MBCC
Matt Hollander ex-officio, Global Spectrum Adm Rep.
Vacant ex-officio member of the City Manager's Office
1213112015 Commissioner Jonah M. Wolfson 12131120
1213112015 CommissionerMickySteinberg 21131121
1213112015 CommissionerDeedeWeithorn 12131121
1213112014 CommissionerMichaelGrieco 12131121
1213112014 CommissionerJoyMalakoff 12131116
1213112015 Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Carl Linder
Howard Weiss
Karen Brown
Mark Wohl
Michael Bernstein
Victor Ballestas
Gotlinsky Barbara
James Weingarten
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Wednesday, September 03, 2014 Page 11 of42
854
Board and Committees Current Members
Design Review Board Sec' 118'71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the United States;
2) an architect registered in the state of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the state, with practical or academic expertise in the
field of design, planning, historic preservation or the history of architecture, or a professional
practicing in the fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Deborah Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annabel Delgado- Registered Architect 1213112015 City Commission 12131119
Hanington
Carol Housen At-large 1213112014 City Commission 12131116
Edgar Sarli Faculty Position 1213112014 City Commission 12131119
Elizabeth Camargo Registered Architect 1213112015 City Commission 12131119
John Turchin At-Large 1213112015 City Commission 12131119
Kathleen Phang Attorney 1213112014 City Commission 12131119
Vincent Filigenzi Landscape Architect 1213112015 City Commission 12131119
Gary Held advisory/City Attorney Designee
Thomas Mooney advisory/ActingPlanningDirector
Vacant ex-officio/Disability Access Commiftee
Applicants Position/Title Applicants Position/Title
Andres Asion
Brian Ehrlich
Daniel Hertzberg
Francinelee Hand
Jeffrey Feldman
Jessica Conn"w;i;;;';;3;;;;;;;;ff:";'il'i;
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Deborah Castillo
Jean-Francois Lejeune
Jennifer Lampert
Joseph Furst
Page I2 of 42 (Conrinued....
855
Board und Committees Current Members
Marina Novaes
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Matthew Krieger
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Wednesday, Septenber 03, 201 4 Page 13 of42
856
Boord and Committees Curuent Members
Disability Access Committee 2006-3500 s 2-31
Composition:
The Committee shall be composed of:
A board quorum of eight (B) members and requiring at least eight (B) votes for board action.
Foudeen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the
community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care
(or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disabled community or has
special knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinance 2017-3731, in addition to other power and duties, the chairperson of the committee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding accessibilty related issues and repofting to
the disability access committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in subsection (b) or to the
city commission.
Ordinance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to
foufteen (1a) and amended the quorum requirement.
City Liaison: Valeria Mejia
Vacancy:
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David New
David McCauley
Dr. Elsa Orlandini
Dr. Susan Solman
Helen Swartz
Lawrence Fuller
Lee Weiss
Leif Bertrand
Matthew Meyer
Oliver Stern
Russell Hartstein
Sabrina Cohen
Susana Maroder-Rivera
Wendy Unger
12131t2014
1213112014
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2014
1213112015
12t31t2015
12t31t2014
12t31t2015
12t31t2014
12t31t2014
1213112014
Commissioner Deede Weithorn 12131115
CommissionerJoyMalakoff 12131120
CommissionerMichaelGrieco 12131121
Commissioner Deede Weithorn 12131119
CommissionerJoyMalakoff 12131118
Commissioner MickySteinberg 12131121
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson 12131121
Commissioner Ed Tobin 12131120
CommissionerMichael Grieco 12131121
Mayor Philip Levine 12131119
Commissioner Ed Tobin 12131117
Commissioner Micky Steinberg 12131121
Mayor Philip Levine 12131116
Ex-offlcio member
--App-li"qp-+-Ls** " "*- ._."" . -_-j"*::!_iytJTi*k*,_
ll/ednesday, September 03, 2014
P",-e-eil.ier,/;;f k*,*-i;; ; I i" ;r 4 2 e;, ti;",;;';.".:
Applicants
857
Bourd und Committees Curuent Members
Britta Hanson Rafael Trevino
Zachary Cohen
Wednesday, September 03, 2014 Page I5 of42
858
Bourd and Committees Current Members
Fine Arts Board
Composition:
Foufteen (14) members with the Mayor and City Commissioners appointing two (2) members each.
The Miami Beach Fine Arts Board promotes the work of contemporary visual and cultural aftists,
enhances the appreciation for the arts in the community at large, and provides economic stimulation
to underserued neighborhoods.
As per resolution 2014-28496, this committee will sunset on 913012014.
City Liaison: Gary Farmer
Vacancy:
Reso 2000-2421 6
To replace Melissa
Broad
To replace Britta
Hanson
To eplace Bruce
Carter
To replace Ellen
Brazer
To replace Michael
McManus
To replace Carrie
Wiesenfeld
To replace Carmen
(Maria) Lopez
To replace Michelle
Ricci
To replace
Nathaniel Korn
913012014 Commissioner Ed Tobin
9130/2014 CommissionerMichael Grieco
913012014 CommissionerJoyMalakoff
913012014 CommissionerMichaelGrieco
9l3Ol20L4 Mayor Philip Levine
913012014 Mayor Philip Levine
9130120t4 CommissionerJoyMalakoff
913012014 Commissioner Ed Tobin
913012014 Commissioner Jonah M. Wolfson
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Britta
Carrie
Lizette
Mario
Tamra
Hanson
Wiesenfeld
Lopez
Coryell
Sheffman
9t30t2014
913012014
913012014
913012014
913012014
Commissioner Micky Steinberg 12131119
Commissioner Micky Steinberg 12131119
Commissioner Deede Weithorn 12131120
Commissioner Jonah M. Wolfson 12131121
Commissioner Deede Weithorn 12131115
anq!9a1!s Position/Title Applicants Position/Title
Bradley Ugent
David McCauley
Francis Trullenque
Jenna Ward
Karen Brown
Nelida Barrios
Tiffany Lapciuc
Dale Stine
Ellzabeth Resnick
Janda Wetherington
Judith Berson-Levinson
Marjorie O'Neill-Buttler
Seth Feuer
Page I6 of42llednesday, September 03, 2014
859
Board and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT)Ord. 2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised
of those current members of the Mayor's Gay Business Development Committee, choosing to serve on
the Committee, with any additional members (as reciuired to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Vacancy:
To replace Willis
"Chip" Arndt Jr.
12/3U20I5 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Jorge
Laura
Marivi
Mark
Michael
Nelida
Ronald
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Richa
Veitia
lglesias
Wylie
Bath
Barrios
Wolff
Barker
12t31t2014
12t31t2015
1213112014
12t31t2014
12t31t2015
12t31t2014
12t31t2015
1213112014
1213112015
12t31t2015
12131t2014
12131t2014
12t31t2015
12t31t2015
Commissioner Ed Tobin 12131116
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131116
CommissionerJoyMalakoff 12131121
Mayor Philip Levine 12131117
CommissionerMichael Grieco 12131116
Commissioner Deede Weithorn 12131118
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131117
Commissioner Deede Weithorn 12131116
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants Position/Title
Eric Hirsch
Karen Brown
Rafael Trevino
Stephen Fox, Jr.
Walker Burttschell
James Weingarten
Otiss (Arah) Lester
Rebecca Boyce
Steven Adkins
Wednesday, September 03, 2014 Page I7 of42
860
Bourd and Committees Curuent Members
Health Advisory Committee Sec.2-81 2002-
2?tq
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health
Center or his/her designee administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or
an Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
Depaftment. The director of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
CEO/MB Comm. Health l2l3Il20LS City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Anthony
Dr. Andrew
Dr. Daniel
Dr. David
Dr. Jeremy
Dr. Stacey
Dr. Todd
Rachel
Steven
Tobi
Julie Zaharatos
Maria Ruiz
Japour
Nullman
Nixon
Farcy
Green
Kruger
Narson
Schuster
Sonenreich
Ash
ACLF
Physician $L 12131 1201 4)
Corporate lndividual
Private lndividual
Physician
Physician
Health Provider
ACLF
CEO/MI. Sinai/MH (NTL)
Nursing Profession
Rep. from the Health Council of South Fla
ex-officio, Director of Children's Affairs
1213112014 City Commission
1213112014 City Commission
1213112015 City Commission
1213112015 City Commission
1213112014 City Commission
1213112014 City Commission
1213112015 City Commission
1213112014 City Commission
1213'112014 CityCommission
1213112015 City Commission
12131t16
12t31t14
12131t19
12131119
12t31t19
12t31t16
12t31t16
12t31t16
12131t15
Applicants Position/Title Applicants Position/Title
Christine Butler
Kara White
Wednesday, September 03, 2014
Jared Plitt
Zachary Cohen
Page 18 of42
861
Bourd and Committees Current Members
Health Facilities Authority Board Sec' 2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
one (1) individual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serye as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 754.207 No term Limits.
City Liaison: Patricia Walker
Vacancy:
To replace Marc Health Providet 6lL9l20LB City Commission
Umlas
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Arthur Unger Accountant 611912016 City Commission FS 154-207
Mark Sinnreich Health Provider 611912015 City Commission FS 154-207
Robert Hertzberg Attorney 611912017 City Commission FS 154-207
Sidney Goldin General Business 611912018 City Commission FS 154-207
vacant Chairperson, Health Advisory Board
Applicants Position/Title Applicants Position/Title
David Berger
Dr. Elsa Orlandini
Rosalie Pincus
Dr. David Farcy
Rachel Schuster
Zachary Cohen
Vl/ednesday, September 03, 2014 Page 19 of42
862
Board und Committees Current Members
Hispanic Affairs Committee sec' 2'1e0'21
Composition:
The committee shall consist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
City Liaison: Nannette Rodriguez
Members:
Name Last Name Positior/Title Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
David
Eneida
Francis
Veronica
Fernandez
Velasco
Purrinos
Cardenas
Mena
Trullenque
Camacho
12t31t2015
12131t2014
1213112014
1213112014
1213112014
1213112015
12t31t2015
Commissioner Deede Weithorn 12131121
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131116
Commissioner Micky Steinberg 12131121
Mayor Philip Levine 12131121
Commissioner Ed Tobin 12131115
CommissionerJoyMalakoff 12131121
Applicants Position/Title Applicants Position/Title
Josephine Pampanas
Rafael Trevino
Leonor Fernandez
Regina Suarez
w; i ;; ;i ;; :{; ;;;,; ;;; o ;;';'fr')Page 20 of42
863
Board und Committees Current Members
Historic Preservation Board Sec.118-101
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL) selected from three names
nominated by the League.
2) A representative from Dade Heritage Trust (DHT) selected from three names nominated by the
Trust.
3) Two at-large members who have resided in one of the City's historic districts for at least one year,
and have demonstrated interest and knowledge in architectural or urban design and the preservation
of historic buildings.
4) An architect registered in the state of Florida with practical experience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of
Florida, a professional practicing in the field of architectural or urban design or urban planning, each
of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at
law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of
the foregoing with professional experience and demonstrated interest in historic preseruation.
6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise
in the field of design and historic preseruation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of hlstoric structures.
All members of the board except the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urban planning and university faculty member of the
board shall be residents of the city, provided; however, that the City Commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residency requirements is
available to serve on the board and is exceptionally qualified by training and/or experience in historic
preservation matters.
City Liaison: Debbie Tackett
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Josephine
wyn
Wieder
Bailleul
Sosa
Gross
Stuart
Manning
Bradley
12t31t2015
1213112014
1213112014
1213112014
1213112015
1213112014
12t31t201s
Commission
Commission
Commission
Commission
Commission
Commission
Commission
12t31t15
12t31t16
12t31t1s
12t31t16
12t31t',t9
12131114
12t31t19
Attorney
At-large
MDPL
Dade Heritage
Registered Architect
At-large
Faculty Member
City
City
City
City
City
City
City
Applicants Position/Title Applicants Position/Title
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Kathleen Phang
Mark Alhadeff
Richard Alhadeff
Deborah Castillo
Elizabeth Camargo
Jennifer Lampert
Marina Novaes
Raymond Adrian
Sam Rabin Jr.
ll/ednesday, September 03, 2014 Page 21 of42
864
Board and Committees Cuwent Members
Housing Authority Reso 7031 421.0s
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project or a person of
low or very low income who resides within the housing authority's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public housing agency that has
jurisdiction for the same locality served by the housing authority, which member shall be appointed at
the time a vacancy exists.
City Liaison: Maria Ruiz
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Barry Ragone HA Commissioner 1011112017 Mayor Philip Levine 10111121
Eugenio Cabreja Tenant Commissioner 1011112016 Bower Levine 10111118
Leonor Fernandez HA Commissioner 1011112017 Mayor Philip Levine 10111121
Peter Chavelier HA Commissioner 1011112015 Bower Levine 10111119
Raymond Adrian HA Commissioner 1011112014 Bower Levine 10111118
Applicants Position/Title Applicants Position/Title
Gotlinsky Barbara
Wednesday, September 03, 2014 Page 22 of42
865
Board und Committees Current Members
Marine and Waterfront Protection Authority
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who
shall be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preservation of the city's
beaches and waterfronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information pertaining to the matters
before them.
AS PER ORDINANCE 2074-384t, NEW COMPOSffiON EFFECTIVE 0513U2074:
City Liaison: Manny Villar
Vacancy:
1213U2014 Commissioner Jonah M. Wolfson
Members:
Sec. 2-190.46
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Addison Sammet
Albert Parron
Barbara Herskowitz
Christopher Todd (Tl 12131114)
Daniel Kipnis
Dr. Ronald Shane
Maurice Goodbeer
Monica Casanova
Morris Sunshine
Robert Schwartz
Sasha Boulanger
Stephen Bernstein
William Cahill
Sgt. Luis Sanchez ex-officio MB Marine Patrol
1213012015 CommissionerDeedeWeithorn 12131121
1213012015 Mayor Philip Levine 12131121
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerMichaelGrieco 12131114
1213112015 Commissioner Jonah M. Wolfson 12131116
1213112015 CommissionerJoyMalakoff 12131121
1213112014 CommissionerMickySteinberg 12131119
1213112014 Mayor Philip Levine 12131121
1213112014 CommissionerMichaelGrieco 12131121
1213112014 CommissionerJoyMalakoff 12131121
1213112015 Commissioner Ed Tobin 12131118
1213112014 CommissionerDeedeWeithorn 12131118
1213112014 Commissioner Ed Tobin 12131121
Applicants PositioniTitle Applicants Position/Title
Adrian Gonzalez
Julio Magrisso
Michael Levine
Eric Lawrence
Mayela Mueller
*ii2;[;;;;i;;i;'tr;;;;;'dTY6?"r-"-*
Page 23 of42
866
Board and Committees Current Members
Mayor's Blue Ribbon Panel for Washington Avenue Sec' 2-23(b)
Composition:
The Mayor's Blue Ribbon Panel on Washington Avenue (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under section2-23(b) of the City Code. The Panel shall have
the purpose of overseeing the City's initiatives and efforts to revitalize Washington Avenue from 5th
Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to serve
for a term of one (1) year,
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Rogelio Madan
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adriana Savino
Eric Lawrence
Lyle Stern
Saul Gross
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
Wednesday, September 03, 2014 Page 24 of42
867
Boord und Committees Current Members
Mayor's Blue Ribbon Panel on Flooding and Sea Rise Sec' 2'23 (b)
Composition:
The Mayor's Blue Ribbon Panel on Flooding Mitigation (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under Section 2-23 (b) of the City Code. The Panel shall have
the purpose of overseeing the City's response to flooding, including storm water and the effects of
sea level rise, and assisting with the implementation of a comprehensive flood management plan for
the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Bruce Mowry
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Michael Phang
Dwight Kraai
Scott Robins
11612015 Mayor Philip Levine
11612015 Mayor Philip Levine
11612015 Mayor Philip Levine
i ; i ; ; ; i ; i : s ; ; ; ; ; ;;; ti{"Tt'i;Page 25 of42
868
Board and Committees Current Members
Mayor's Blue Ribbon Panel on North Beach Revital. sec' 2-23(b)
Composition:
The Mayor's Blue Ribbon Panel on North Beach Revitalization (Panel) is created pursuant to the
Mayor's authority to establish blue ribbon panels under Section 2-23(b) of the City Code. The Panel
shall have the purpose of overseeing the City's Nofth Beach Revitalization consistent with the North
Beach Master Plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serye for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Jeff Oris
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
- w; i;;, ;;i, i;;; ff;;;; b i. 1ii t Page 26 of42
869
Board and Committees Cuwent Members
Miami Beach Commission For Women
Composition:
Twenty-one (21) members.
Each of the seven (7) members of the commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
Vacancy:
2007-3570 S 21 90-
I
To replace Michelle
Ricci
To replace
Gertrude Arfa
To replace Maribel
Quiala
7213112015 Commissioner Ed Tobin
L2l3Ll20L4 Commissioner Ed Tobin
L2l3Ll20l4 Commissioner Michael Grieco
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Adrienne
Debra
Dona
Dr. Corey
Francinelee
Jessica
Karen
Laura
Laurie Kaye
Leslie
Lindsay
Mercedes
Nikki
Regina
Regina
Roberta
Tiffany
Vanessa
Krieger
Quade
Zemo
Narson
Hand
Conn
Edelstein
Colin
Davis
Coller
Genet
Carlson
Weisburd
Berman
Suarez
Gould
Lapciuc
Menkes
1213112014 CommissionerJoyMalakoff 12131121
1213112015 CommissionerMickySteinberg 12131119
1213112014 Mayor Philip Levine 12131121
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerJoyMalakoff 12131116
1213112014 Commissioner Jonah M. Wolfson 12131119
1213112014 CommissionerMickySteinberg 12131115
1213112014 CommissionerJoyMalakoff 12131121
1213112014 Commissioner Jonah M. Wolfson 12131121
1213112015 CommissionerDeedeWeithorn 12131115
1213112014 CommissionerMichaelGrieco 10131121
1213112015 CommissionerMichaelGrieco 12131118
1213112014 Commissioner Ed Tobin 12131115
1213112014 Mayor Philip Levine 12131117
'1213112015 Commissioner Jonah M. Wolfson 12131117
1213112015 CommissionerDeedeWeithorn 12131115
1213112015 Mayor Philip Levine 12131117
1213112015 CommissionerDeedeWeithorn 12131120
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Britta Hanson
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Josephine Pampanas
Laura Levey
Meryl Wolfson
Pan Rogers
Rocio Sullivan
Tamra Sheffman
Barbara Kaufman
Dale Gratz
Elizabeth Resnick
Helen Swartz
Joanna Popper
Joyce Garret
Marjorie O'Neill-Buttler
Monica Casanova
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
ll'ednesday, September 03, 2014 Page 27 of42
870
Bourd und Committees Cuwent Members
Miami Beach Cultural Arts Council Sec. 2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fillthe vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 3L, 2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace Daniel
Novela
l2/31/20L5 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alan
Beatrice
Charles
Eda
Gregory
lleana
Marjorie
Richard
Susan
Zoila
Randolph
Hornstein
Million
Valero-Figueira
Melvin
Bravo-Gordon
O'Neill-Buftler
Alhadeff
Schemer
Datorre
(T11213112014)
IL 12t31t2014)
1213112016
1213112015
1213112016
1213112014
1213112014
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t19
12t31t15
12t31t17
12t31t14
12131t15
12131119
12131115
12131t19
12131119
12131114
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Dr. Daniel Nixon
Eugenio Cabreja
Jenna Ward
Kara White
Michael McManus
Otiss (Arah) Lester
Sam Rabin Jr.
Wesley Castellanos
Bradley Ugent
Elliott Alhadeff
Janda Wetherington
Joanna Popper
Mark Balzli
Monica Harvey
Pedro Menocal
Vanessa Menkes
Wednesday, September 03, 2014 Page 28 of42
871
Board und Committees Current Members
Miami Beach Human Rights Committee 2010-3669
Composition:
The committee shallconsist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison: Marcia Monserrat
Vacancy:
To replace Andrea
Lisa Travaglia
l2l3U20L5 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alan Fishman
Amy Rabin
Bernardo Collado
Bradley Ugent
Monica Harvey
Rachel Umlas
Rafael Trevino
Walker Burttschell
1213112015 City Commission
1213112014 City Commission
1213112014 Mayor Philip Levine
1213112015 City Commission
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
1213112015 City Commission
12131t16
12t31t19
12t31t21
12t31t18
12131118
12131t18
12131t16
12131t16
Applicants Position/Title Applicants Position/Title
Christine Butler
Dr. Andrew Nullman
Rafael Leonor
Deborah Robins
Michael Levine
Stephen Fox, Jr.
Wednesday, September 03, 2014 Page 29 of42
872
Bourd und Committees Current Members
Miami Beach Sister Cities Program
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinating council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualify, the person
shall present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2)
years. City Liaison: Desiree Kane
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec.2-181
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Kristen
Lidia
Lisa
Magui
Maria
Michelle
Monica
Nuccio
Omar
Samantha
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Rosen Gonzalez
Resnick
Desmond
Benitez
Maltagliati
Ricci
Fluke
Nobel
Caiola
Bratter
Brampton, Canada
Almonte, Spain
Basel, Switzerland
other
Rio de Janeiro, Brazil
Fujisawa, Japan
other
Nahariya, lsrael
other
lca, Peru
other
Santa Marta, Colombia
other
other
Fortaleza, Brazil
Pescara, ltaly
other
Cozumel, Mexico
other
other
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
12t31t2015
1213112015
1213112015
12t31t2014
12t31t2014
12t31t2015
1213112014
1213112014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
1213112015
1213112015
12131t2014
12t31t2015
12131t2015
12t31t2015
12t31t2014
12t31t2014
12t31t21
12131121
12131121
12t31t16
12131121
12131121
12131121
12131121
12t31t21
12t31t21
12131121
12131121
12t31t21
12t31t21
12t31t21
12t31t21
12t31t21
12t31t16
12131121
12t31t21
Applicants Position/Title Applicants Position/Title
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
Jared Plitt
Laura Levey
Rebecca Boyce
Tamra Sheffman
Wesley Castellanos
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Joseph Hagen
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Wednesday, September 03, 2014 Page 30 of 42
873
Board und Committees Current Members
Normandy Shores Local Gov. Neighborhood Impv.Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No. 97-22449 adopted July 2, 1997.
City Liaison: John Woodruff
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
John Bowes 1213112014 City Commission 12131118
Mark Wojak 1213112014 City Commission 12131118
Ronald Loring (T11213112014) 1213112014 City Commission 12131114
Applicants Position/Title Applicants PositioniTitle
Lori Nieder
Page 3I of42
874
Board und Committees Curuent Members
Parks and Recreational Facilities Board sec'2'171
Composition:
The Park and Recreational Facilities Board shall be comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and each commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the city's youth centers, with one
member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park
Youth Center.
Golf: Two (2) members who have demonstrated a high degree of interest, pafticipation and/or
expertise in the sport of golf.
Tennis: Two (2) members who have demonstrated a high degree of interest, participation and/or
expertise in the sport of tennis.
Members of the board shall demonstrate interest in the city's parks and recreational facilities and
programs through their own pafticipation or the participation of a member of their immediate family.
Consideration should also be given to individuals who have special knowledge or background related
to the field of parks and recreation.
City Liaison: John Rebar
Members:
Name Last Name PositionlTitle
Chris
Dana
David
Eliane
Harriet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Ronald
Stephanie
Growald
Turken
Berger
Soffer
Halpryn
Caplan
Groff
Zimmerman
Graff
Nieder
Stein
Krongold
Rosen
Scott Rakow Youth Ct.
Tennis
Golf
Golf
No. Shore Park Youth Ct.
1213112014 City Commission 12131121
1213112015 City Commission 12131119
1213112015 City Commission 1213'1119
1213112015 CommissionerMichaelGrieco 1213112'l
1213112014 Commissioner Jonah M. Wolfson 12131115
1213112015 City Commission 12131119
1213112014 CommissionerDeedeWeithorn 12131h7
1213112015 CommissionerJoyMalakoff 12131121
1213112014 Commissioner Ed Tobin 12131115
1213112015 CommissionerMickySteinberg 12131121
1213112014 Mayor Philip Levine 12131121
1213112014 City Commission 'l2l31l'19
1213112014 City Commission 12/31119
Applicants Position/Title Applicants Position/Title
Beverly Heller
Chris Growald
Daniel Nagler
Joseph Conway
Lindsay Genet
-ii"d*:;i;;:K;;;,*;;;trTffi 6i7
Bruce Reich
Christopher Todd
Eneida Mena
Joseph Hagen
Mark Balzli
Page 32 of 42 (Conrirured....
875
Board and Committees Current Members
Mojdeh Khaghan
Sam Rabin Jr.
Wesley Castellanos
Nawaz Gilani
Tiffany Heckler
ll/ednesday, September 03, 2014 Page 33 of42
876
Bourd and Committees Current Members
Personnel Board sec' 2-1eo'66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
respective groups:
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Department,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Vacancy:
To replace George Group ll
Castell
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Gabriel Paez
lvette lsabel Borrello
Lori Gold
Matthew Krieger
Mojdeh Khaghan
Rosalie Pincus
Alex Bello eleded7l3ll2014 exp. 713U2017 Group I
Evette Phillips eleded710912012 exp. 7l3Ll21l5 Group III
Sylvia Crespo-Tabak Human Resources Director
1213112014 City Commission 12131115
1213112015 City Commission 12131119
1213112014 City Commission 12131118
1213112015 City Commission 12131119
1213112014 City Commission 12131116
1213112015 City Commission 12131115
Applicants Position/Title Applicants Position/Title
Christine Butler
Michael Perlmutter
Richard Preira
Dr. Elsa Orlandini
Nancy Wolcott
Wednesday, September 03, 2014 Page 34 of42
877
Board and Committees Current Members
Planning Board Sec.118'5'l
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development, land development practices or land use issues; however, the
board shall at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic expertise in the field of design, planning, historic
preservation or the history of architecture; or a landscape architect registered in the state of Florida;
or a professional practicing in the fields of architectural or urban design, or urban planning;
2) one developer who has experience in developing real property; or an attorney in good standing
licensed to practice law within the United States.
3) one attorney licensed to practice law in the state of Florida who has considerable experience in
land use and zoning issues;
4) one person who has education and/or experience in historic preseruation issues. For purposes of
this section, the term "education and/or experience in historic preseruation issues" shall be a person
who meets one or more of the following criteria:
A) Has earned a college degree in historic preservation;
B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
C) Is recognized by the city commission for contributions to historic preservation, education or
planning; and
5) three persons who are citizens at large or engaged in general business in the city
No person except a resident of the city, who has resided in the city for at least one year shall be
eligible for appointment to the planning board. The City Commission may waive the residency
requirements by a 5/7ths vote in the event a person not meeting these requirements is available to
serve on the board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Brian Elias General Business 1213112015 City Commission 12131119
Frank Kruszewski General Business 1213112014 City Commission 12131118
Jack Johnson Historic Preservation 1213112014 City Commission 12131118
Jean-Francois Lejeune Architect 1213112014 City Commission 12131117
Jeffrey Feldman Developer 1213112015 City Commission 12131119
Jonathan Beloff Attorney 1213112015 City Commission 12131115
Randolph Gumenick General Business 1213112015 City Commission 12131119
Applicants Position/Titl , rqtigaltl Position/Title
Andres Asion Brian Ehrlich
Christine Florez Daniel Hertzberg
Daniel Veitia David Wieder
Deborah Castillo Dominique Bailleul
Jack Benveniste James Silvers
Jared Galbut Jennifer Lampert
Jessica Conn Kathleen Phang
Wednesday, September 03, 2014 Page 35 of 42 (Continued....
878
Board und Committees Current Members
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Scott Needelman
Suzanne Hollander
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Seth Frohlich
ll/ednesday, September 03, 2014 Page 36 of42
879
Board and Committees Current Members
Police Citizens Relations Committee Sec.2-190.36
Composition:
The committee shall consist of fourteen (14) voting members. The members shall be direct
appointments with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the committee shall have knowledge of and interest in
Police Community Relations and their impact on the City of Miami Beach. Recommendation for
appointment to all voting and nonvoting membership selected by the Mayor and Commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the
Dade Action Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the
League of Women Voters and the other organizations deemed appropriate.
City Liaison: Chief Daniel J. Oates
Vacancy:
To replace
Alejandro
Dominguez
Members:
7213L12015 Mayor Philip Levine
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Antonio
Bruce
Daniel
Jared
Jordan
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Hernandez Jr.
Reich
Aronson
Ptitt
Nadel
Broad
Wolfson
Perlmutter
Gonzalez
Lopez
Oppenheimer
Leser
Lucero
1213112014
1213112015
1213112014
1213112015
12t31t2014
1213112014
1213112014
12t31t2014
12t31t2015
12t31t2015
12t31t2014
12t31t2015
1213112015
CommissionerJoyMalakoff 12131121
Commissioner Micky Steinberg 12131121
Commissioner Micky Steinberg 12131121
Commissioner Deede Weithorn 12131115
CommissionerMichaelGrieco 12131121
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 12131121
CommissionerMichael Grieco 12131120
Commissioner Ed Tobin 12131115
Mayor Philip Levine 12131121
Commissioner Jonah M. Wolfson 12131117
Commissioner Jonah M. Wolfson 12131121
Commissioner Deede Weithorn 12131119
Applicants Position/Title Applicants Position/Title
Daniel Nagler
Eric Lawrence
lrene Valines
Joyce Garret
Lee Zimmerman
Lori Gold
Michael Bernstein
Nawaz Gilani
Rafael Leonor
Stephen Fox, Jr.
Wednesday, September 03, 2014
Deborah Ruggiero
Eugenio Cabreja
Joseph Hagen
Larry Colin
Leif Bertrand
Mario Coryell
Monica Fluke
Rachel Schuster
Richard Preira
Zeiven Beitchman
Page 37 of42
880
Board and Committees Cuwent Members
Production Industry Council
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make
one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and
or recording industries of the city.
Each of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec. 2-71
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz
Davidson
Popper
Kravitz
Legaul!Mendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
12t31t2014
12t31t2015
12131t2014
12131t2014
12131t2014
12131t2015
12131t2015
Mayor Philip Levine 12131121
Commissioner Deede Weithorn 12131118
Commissioner Ed Tobin 12131115
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131121
Commissioner Micky Steinberg 12131121
Commissioner Jonah M. Wolfson 12131117
Applicants Position/Title Applicants Position/Title
lrene Valines Samantha Bratter
Wednesday, Septenrber 03, 2014 Page 38 of42
881
Board und Committees Cuwent Members
Sustainability Committee 2008-36't 8
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non-
voting member and shall serve as the chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preserving the environment so that these needs can be met, not only in the
present, but in the indefinite future,
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
DeFilippi
Vincenti
Hart
12t31t2014
12t31t2015
1213112015
1213112015
1213112015
12t31t2014
12131t2014
1213112015
CommissionerJoyMalakoff 12131121
Mayor Philip Levine
Commissioner Micky Steinberg 12/31120
Commissioner Deede Weithorn 12131115
Commissioner Jonah M. Wolfson 12131115
Commissioner Ed Tobin 12131121
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Amy Rabin
Marivi lglesias
Walker Burttschell
Jenifer Caplan
Russell Hartstein
Wednesday, September 03, 2014 Page 39 of42
882
Bourd and Committees Curuent Members
Transportation, Parking, Bicycle-Ped. Fac. Comm ec' 2-1e0'el
Composition:
Committee shall consist of fourteen (14) voting members.
The Mayor and City Commissioners shall each make one (1) direct appointment, with the other seven
(7) members of the committee to be composed of members from the following community
organizations, each of which must designate a permanent coordinating representative:
Miami Beach Chamber of Commerce's Transportation and Parking Committee,
Miami Beach Community Development Corporation,
Ocean Drive Association,
Miami Design Preservation League,
North Beach Development Corporation,
Mid-Beach Neighborhood or Business Association,
Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serue at the will of the committee. Seven (7)
members of the committee shall consist of a quorum of the committee and shall be necessary in
order to take any action.
The members of the voting committee shall have knowledge of and interest in transpoftation and
parking and their impact on the city. The members designated by their respective community
organization shall provide a letter from such organization certifying that designation to the city clerk.
AS PER ORDTNANCE 20L4-3847, NEW COMpOfiON EFFECilVE 0513U20t4:
City Liaison: Saul Frances
Vacancy:
To replace Maria
Mayer
L2/37/20L5 Commissioner Ed Tobin
Member Lincoln Road M
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
1
2
3
4
5
6
7
Deborah Ruggiero
Eric Ostroff
Hector Fontela
Ray Breslin
Scott Diffenderfer
Seth Wasserman
Al Feola Member Ocean Drive Association
Delvin Fruit Member MBNA
Jo Asmundsson Member MBCDC
Madeleine Romanello Member MBCC
Mark Weithorn Member NBDC
William "Bill" Hahne Member MDPL
1213112014 CommissionerMickySteinberg 12131121
1213112014 CommissionerDeedeWeithorn 12131118
1213112014 Mayor Philip Levine 12131121
1213112015 CommissionerJoyMalakoff 12131121
1213112015 Commissioner Jonah M. Wolfson 12131115
1213112015 CommissionerMichaelGrieco 12131116
llednesday, September 03, 2014 Page 40 of 42 (Continrred....
883
Board and Committees Current Members
Applicants Position/Title Applicants Position/Title
Leif Bertrand
Mayela Mueller
Robert Lopez
Lindsay Genet
Rafael Leonor
Page 41 of42Wednesday, September 03, 2014
884
Bourd and Committees Current Members
Visitor and Convention Authority
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (2) nor more than three (3) members shall be representative of the hotel
industry;
2) and the remaining members none of whom shall be representative of the hotel industry, shall
represent the community at-large. Any member of the authority or employee therefore violating or
failing to comply with provisions of this article shall be deem to have vacated his office or position.
City Liaison: Grisette Roque.
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Sec.102-246
Aaron
Adrian
Daniel
Margaret
(Pegsv)
Stephen
Steven
Tim
Perry
Gonzalez
Hertzberg
Benua
Hertz
Adkins
Nardi
12t31t2014
12t31t201s
12t31t2015
12t31t2014
1213112015
1213112014
1213',U2015
City Commission
City Commission
City Commission
City Commission
Commission
Commission
Commission
At-Large
At-Large
Hotel lndustry
At-Large
At-large FL 12131 12014)
Hotel lndustry
City
City
City
12t31t16
12t31t19
12t31t19
12t31t17
12131119
12131114
12131119
Applicants Position/Title Applicants Position/Title
Charles Million
Dona Zemo
Jeffrey Graff
Laurence Herrup
Seth Feuer
Christy Farhat
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Wednesday, Septentber 03, 2014 Page 42 of42
885
THIS PAGE INTENTIONALLY LEFT BLANK
886
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Mem the City
FROM: Jimmy L. Morales, City Manager
DATE: September10,2014
SUBJECT: BOARD AND COMMITTEE - CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Otfice of the City Clerk for the below at-large appointments are
included with item R9A.
BOARDS AND COMMITTEES
L Affordable Housing Advisory Committee (Current Vacancies: 5)
Vacant Categories:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
o One citizen who is actively engaged as an advocate for low-income persons in connection
with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable housing.
. One citizen who resides within the jurisdiction of the local governing body making the
appointments.
. One citizen who represents essential services personnel, as defined in the local housing
assistance plan.
2. Health Advisory Committee (Current Vacancies: 1)
Vacant Categories:
. One CEO from Miami Beach Community Health Center/designee.
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR SEPTEMBER IO 2OI4COMM|SS|ON 'aH
A9"nda ltem 4I!!r--r oate ?-i?-T887
3. Health Facilities Authority Board (Current Vacancy: 1)
o One health provider.
4. Miami Beach Human Rights Gommiftee (Current Vacancy: 1)
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Archives website is located at:
http :i/miam i beachfl. qov/citvclerUscrol l. aspx?id =7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.qov; and underthe City Clerk section, located on the bottom right hand side of the
webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission meeting
and click on City Commission At-Large Nominations.
JM/REG @
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR SEPTEMBER 10 2014 COMMISSION MEETlNG.docx
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR SEPTEMBER 10 2014 COMMISSION MEET|NG.docx888
R9 - New Business and Commission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m,)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM Rq B LZ
DefiE ?-/A:-//
889
THIS PAGE INTENTIONALLY LEFT BLANK
890
R9 - New Business and Gommission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Asenda ttem R?CDate_W-891
THIS PAGE INTENTIONALLY LEFT BLANK
892
g MIAMI BEACH
OFFICE OF THE ,iAAYOR AND COM/VUSSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: May 14th ,2014
SUBJECT: Agenda item for May 21" ,2014 City Commission Meeting
Please place on the May 21't City Commission Meeting a discussion regarding the
Commiftee for Quality Education motions made February and March 2014 regarding
the Extended Foreign language (EFL) program in Miami-Dade Public Schools.
Attached please find the motion made by the Committee for Quality Education.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore conmitted la yaiding excellen! prblic wvice otd salety io oll u,ho liw work ud pioy ia our vibcnl. hoplc.ol, hiskyic cffionily
Agenda ltem R? D
Date ?-t0-l{
893
g MIAMIBEACH
OFFICE OF THE C]I'Y MANAGER
No. rTc # oorf-Jolrl
TO: Moyor Philip Levine ond Members
FROM: jirnmy L. Moroles, City Monoger
DATE; Februory 27,2A14
SUBJECT; Committee for Quolity Educotion
The Comrnittee for Quolity Educotion would like you lo be owore of the following motions regording
the Exiended Foreign Longuoge {EFL) Progrom, Miomi-Dode County Public Schools 2014 legislotive
Priorities, ond Miomi Beoch public school self{sses$m6nts for occreditolion, opproved ot the Februory
25, 201 4, commitlee meeting.
Jimmy L. Moroles
Ciry Monoger
C: Executiva Stoff
Dr. Leslie Rosenlpld, Orgonizotion Developmeni Performonce lnitlqtives
)L^/K&B/LK
1=:D
-t r"i :11
i: w '--\n", r$ :;,;6rl)-:,i-r<;. 3 ,1'r-rl
--r ,. rJ
F, I\,
LETTER TO COMMISSIQNg
the City mlssron
:l
,1
1
.,1
,i
I
t1
894
Ciry of Miomi Beoch
Committee for Quolity Educolion
Meeting of Februory 25, 2014
Members Present:, Koren Rivo, Beverly Heller, Becky Cohen, lveite Birbo, Jill Sworlz, John Alemon,
Tomor Oppenhiemer, Tiffony Heckler, Judi Berson-Levinson, Belsy Motu ond Christy Forhot
Members Absenr Keren Boicroff, Roso Naely, ond Elisq Leone
Molion mode by Judi Berson-Ievinson
Molion seconded by Koren Rivo
Moiion Text:
The ComnilHe for Qualily Educolion recommends the Moyor ond Commission odyise lvliomi-Dade
County Public Schools thal the elementary level E*ended Foreign Longuoga (EFL) Progrom is sucfi o
valuoble ossel for our chlldren lhot we urge the City ta work with M-DCPS lo ensure thot dll aligible
children hove equaloccess to the EfL Progrom and implement o system for inhrming porenfs of preK
children.
The Comm ittee for Quolity Educotion urges the Moyor ond Commission lo support lhe obove request.
Motion Possoge: Votes 12-0
Motion mode by Beverly Heller
Motion seconded by John Alemon
Motion Texl:
The Committee for Quolity Education recommands the Moyor and Commis.sion supporf the IAOCPS
2O I 4 State Legi slative Priorilies.
The Commiitoe for Quolity Educolion urges lhe Moyor snd Commission to support the obove roquest.
Motion Possoge: Votes 8-2
Motion mode by Beverly Heller
Motion seconded byJohn Alemon
Motion Texl:
The Committae for Quality Educotion reguests the Mayor and Comnission ask M-DCPS for copies of
lfie se/f.ossessmenfs from oll City of lvliomi Beoch feeder rcfioo/s submitted to AdvoncED ot fie frme
submined.
895
The Committee for Quolity Educotion urges fie Moyor ond Commission lo support the obova request.
Motion Possoge: Votes I I O
896
E MIAMI BEACH
OFFICE OI TI-IE CITY ITANAGER
No. Lrc # i+-zoi+
TO: Moyor Philip levine ond Members the City C/mmission
FROM: Jimmy L, Moroles, City Monoger
DATE: Morch 2l ,2014
SUBJECI: Committee for Guolity Educotion Motion
The Comrnittee for Quolity Educolion would like you io be owore of the following motions regording
the Extended Foreign Longuoge (EFL) Progrom in Miomi-Dode Counly Public Schools, opproved otthe
Mqrch l8, 2014, committee meeting.
C: Executive Stoff
Dr. Leslie Rosen feld, Org onizo lion Develo p ment Performonce I nitiotives
W.,K
RECFIVET)
LETTE R TSr Lry^fih^ Bt il6lq
CITY CLT-I(ii'S OTFICE
897
City of Miomi Beoch
Commiitea for Quolity Educotion
Meeting oF Morch 1 8, 2014
Members Presenh, Koren Rivo, , lvelle Birbo, Jill Sworrz, John Alemon, Tomor Oppenhiemer, Tiffony
. Heckler, Judi Berson-Levinson, Betsy Motu, Christy Forhot, ond Eliso leone
Members Absent: Beverly Heller, Becky Cohen, Roso Neely, ond Keren Boioroff
Motion rnode by lvElta Birbo
Motion seconded by Koren Rivo
Motion Text:
The Commiltee for Qvoliry Educotion reguesls the Mayor ond Commission, and Miomi-Dsde County
Public Schools, use all ovoilable communication methods lo inform residenls abovt the ovailability of
the Extended Foreign Languoge (EFL) program, prior to the June 6, 2014, applicotion deodline to
"opl-in",
The Commiltee for Quolity Educotion urges lhe Moyor ond Commission to support the obove requesi.
Motion Possoge: Votes I O0
898
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
CC:
FROM:
DATE:
SUBJECT:
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
Philip Levine, Mayor
May 21"t,2014
Towing and lmmobilization of Vehicles
MEMORANDUM
Please place a discussion item on the agenda related to Towing and the
lmmobilization of Vehicles.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexM iranda@MiamiBeach FL.gov.
\Ne cre ccnmilted io providing e.<cellent pubhc seruice ond sofely to oll uvho l;ve, worl , ond pioy in cur vibronl, lropico!, hisfcric connunify'
Agenda trcm RQ E
oate ?'10-/l899
THIS PAGE INTENTIONALLY LEFT BLANK
900
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: July 9,2014
SUBJECT: Memo re Vending Machines
Please add to the July 23rd City Commission agenda a resolution providing healthier snacks
in vending machines at all of our public facilities.
Thank you!
lf you have any questions please do not hesitate to call our office.
MIAMIBTA&H
Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7'103 / Fax: 305-673-7096 / rarulw.miamibeachfl.qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We are committed to providing excellent public service and salety to all who live, work, and play in our vibrant, tropical, historic community.
Agenda ttem R?F
Date ?-lo-/q901
THIS PAGE INTENTIONALLY LEFT BLANK
902
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: July 1sth,2014
SUBJECT: Agenda item for July 23'd ,2,014 City Commission Meeting
Please place on the July 23'd, 2014 City Commission Meeting agenda a
discussion regarding the Collins Canal/ Dade Boulevard Bike Path Project.
Attached please find corresponding emails and information.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behafl of Commissioner Ed Tobin
Agenda ltem R?L
oate ?-/0-l{903
Kane. Dessiree
From:
Sent:
To:
Gc:
Subject:
Categories:
Mooney, Thomas
Monday, July07, 2014 6:06 PM
'sheqyl gold'
Taxis, Mark; Brooks, Kathle; Tobin, Ed; Grieco, Michael; Jimenez, Joe; Carpenter, Eric;
Gonzalez, Jose
RE: Status of Dade VIvd. Bike Path
MCL:City Manager ECL
Hl Sheryl
The Planning Boand requested a brief update on the status of the bike path construction.
formal presentation will be made to the Planning Boand.
My understanding from the Public Works Depantment is that the cunrent asphalt will be
replaced with porous concrete. The landscaping portion of the project is scheduled to goto bid in the next few months and be completed by spring 2AL5.
Planning is not involved in the construction of the bike path, so I wouLd continue your
dialogue with the Public Works and fransportation Departments.
Tom
-- - --Original Message-----
From: sheryl gold [mailto:shergo]dcor{Oemail.comlSent: Thursday, JuIy 93, 2OL4 3:42 PM
To: Mooney, Thomas
Cc: Taxis, Mark; Brooks, Kathie; Tobin, Ed; Grieco, Michael
Subject: Status of Dade Vlvd. Bike Path
Tom,
Please advise who placed this item on the Planning Board Agenda for 3u1y 22 and who will be
presenting from the City.
We continue to have a number of serious concerns about this pnoject, not the least of whichis the absence of any landscaping for a large section and the loss of the buffer (against
noise and CO2 emissions) for the Palm View Historic nesidential neighborhood. At present,
there are two departments involved, Public Works and Transportationr with whom t^te have been
communicating. It would be helpful to know Planning's role in the matter, other than its
oniginal recommendation for the project and HPB's approval which resulted in the massive
destnuction of vegetation, loss of the waten view, installation of an unsightly crash wa1I,
the excessive size and number of bollard light fixtunes, and the lack of shade; pLus, the
questlonable safety of the path itself.
Thank you,
Sheryl Gold
GTAG Greenspace/Tree Advocacy Group
No
904
Kane, Dessiree
From:
Sent:
To:
Cc:
Subject:
Attachments:
sheryl gold [shergoldcom@gmail.com]
Wednesday, June 25, 2014 9:06 PM
Carpenter, Eric
Taxis, Mark; Morales, Jimmy; Brooks, Kathie; Gonzalez, Jose; Mowry, Bruce; Levine, Phitip;
Tobin, Ed; Grieco, Michael; Malakoff, Joy;Weithorn, Deede;Steinberg, Micky; Miranda, Alex;
Dessiree Kane
Dade BIvd. Bike Path - Miami Herald
Fwd_ Mangrove Planting in Collins Canal.rtf; position paper - GTAG.doc; Publix - Draft #
3.doc; Re_ Landscape Plan for Collins Canal.rtf
June 25. 2014
To: Eric Carpenter, Director, Public Works
From: SheM Gold, GTAG Green$pace/Tree Advocacy Group
Re: Dade Blvd- Bike Palh - Miami Herald
CC: Mark Taxis, Jimmy Morales, Kathie Brooks. Bruce Mowry, Philip Levin€, Ed Tobin, Michael Grieco, Joy Malakoff, Micky Stelnberg,
Deede Weithom, Alex Miranda. Dessiree Kane
Eric,
I was astounded to read the attached Miami Hera,d article on the Collins Canal project, particularly Bruce Mowr/s comment there is 'not much work to do.' h conveyed a
mlsimpression ol what has transpired over the last four years of intense community and commission involvement and outlined a very disappointing plan by lhe new
administration. This plagued projecl has a long and complicated history that you and the administralion are well aware of(see attached e mail dated May 25, 2013).
For years, GTAG has sleadfastty adyocated for aprogressive watelway project inCluding a safe biking system, Shade tre€ Canopy
and habitat restoration;
with the support of Commissioner Tobin who has doggedly pursued a better solution. whireq,"
appreciate lhat staff ii finally preparing to re commence work, we're incredulous lhat after extensive research, eounlless meetings with city and county staff and elected
represenratives,voruilinousco*espondence.andpresentalionsVty'ith COmpfghenSiVg SOlUtiOnS...thg City haS ChOSen tO
ignore multiple serious problems, whose solutions go well beyond replacing the temporary
surface in one section and planting a few trees and shrubs in other sections.
We hare asked the city repeatedly to ast on the following GTAG proposals:
1) A solutlon tor the 650 ft. section where there is zero space for any plantirqs, i-e. schedule a frollow up meetlng wllh Publix to re open discussions-
NOTE: Tle temporary asphalt was inslalled in one section to allow time to solve tre problem of zero space for landscaping along 650 linear ft. (two football flelds) abutUng
the palm View Historii Dlitrict. We recommended removing the left tum lane into Publix and creating space for a planting area to replace trees and reinstale a buffer to the
historic neighborhood (an lmpact Traffic Study was prepared by Alkins , Oct. 4,2012). Unfortunately, our proposal to remove the lane and reconfigure the iotersecton at Dade
and Michigin into a roundabout (bofh supported by the county) was put on hold, awaiting the original design for the renovation of the convention center
2) lmptement the plan to mitigate mangroves in the canal. There is no bene{it to Miami Beach when mitigation lakes place in lhe FPL Mangrove Miiigalion Farm ln the
Everglades. Follow up with ERM is requlted. Also, ascertein tf money was paid into the Fund.
NOTE: The innovative mangrove miligation plan conceived by GTAG and developed in collaboration with the clty and and its consultant Kirk Loftgren of Ocean Consr.rlting,
with input from Gary Milano, formerly with DERM, has been dormant {or well over e year. Periodic inquiries to staff about its status have gone unanswered.
3) Eliminate the safety risk of tlle path by curing serious Gonnectivity probl€ms.
NOTE: This was raised at the original Bike Master Plan workshops two years ago; and, again, at a recent
meeting with you, Kathie Brooks,lose Golzalez, Bruce Mowry, Tony Garcia of Steeeplans, and CIP, where it
was confirmed that all pending projects would be identifie<l as high priority, in order to reconcile thern with the
current Bike Master Plan review and revision BEFORE their implementation. The Dade Blvd- bike path is one
such project.
It is a fact that the Collins Canal seawatl restoralion/bike and pedestrian path is the mosl environmentally destructive public proiect ever undertaken by the City. Over 400
protected mangrove lrees were destroyed, all the upland landscaphg (approximately 31 ,000 linear fl) was removed and over 71,000 linear ft was promised as replacement (a
iotat misrepreJentation since ii was never a possibiiity). The upland landscaping was halted because there is no1 enough space to implement lhe plan fiat the city asked
GTAG to develop. ln addition, the excessive numbeiind size oI bollard lights ( that are not necessary with the large overhead street lamps) further resricEd the already
compromised planting area.
only or bike only path from Alton to l{eridiant reducing t}e o*idth and re gaining space for shadetrees.
905
Weurgevounottobesatisfiedwithputtjnglipstickonapig. Afterwaiungthislong, ltdoesn'tmakesensetorecommenceworkifsl.tbst&ntiVeimpfOvements
can be forthcoming in the near future. Think boldly. Afterall, this is an important gateway to the city and to the
new convention center ..- it deserves a far better outcome than what is presentlyplanned.
Attached are e mails {two of the countless exchanged with staff over the years) plus GTAG'S original position paper and publix proposal.
Sheryl Gold
GTAG Greenspace/Tree Advooacy Group
httP://www.miar-niherald.egm/2014/06/19/4188564/dade-boulevard:bike-path-could.html
906
From: sheryl gold <sgoldcom@me.com>
Date: May 25, 2013 8:30:43 AM EDT
To: Eric Ca rpente r < EricCa rpenter@m ia mi beachfl. gov>
Cc: Jimmy Morales <Jimmymorales@miamibeachfl.gov>, Barry Miller
< barry@savinomiller. com), gary hunt <vanhu nt@att.net>, Gary Milano
<biscayn@gmail.com>, Ed Tobin <Ed@miamibeachfl.gov>, Dessiree Kane
<dessireekane@gmail.com>, Jeny Libbin <JerryLibbin@miamibeachfl.gov>, Enid
Rod rig uez <E n id Rod rig uez@ mia mi beachfl.gov>, Jo rge Exposito
<Jorge Exposito@ m ia mibeachfl. gov>
Subject: Fwd: Mangrove Planting in Collins Canal
Dear Mr. Carpenter,
Congratulations on your recent appointment! We're looking fonrvard to working with you
on opportunities to make green infrastructure a priority in our city.
GTAG initiated the proposal to mitigate, on site, some of the over 400 mangrove trees
(all three species) that were destroyed as a result of the Collins Canal project. The loss
of the mangroves, along with all upland vegetation, resulted in the most environmentally
destructive project ever undertaken by the city. GTAG introduced the city to Gary
Milano, who at the time, was the DERM Mangrove specialist. He's now retired and is
still willing to assist us. The city then hired a consultant to design a mitigation plan.
Presently, there are three GTAG recommendations on the table, to improve the canal
project:
1. Replace as many mangroves in the canal as practical; unfortunately, the vast
majority are planned to be mitigated in the FPL Mitigation Farm in the Everglades,
which does
nothing to repair our city's environment. This is because of the existence of
Johnson sea grass in the canal.
2. Eliminate the left turn lane into Publix to create the space needed for planting in
1,200 ft. section where no vegetation is presently possible.
3. The native/shade upland landscape plan that was designed by GTAG (in response
to repeated requests by Public Works), that has now been rendered undoable because
Public Works gave us a plan to work from that did not indicate the bollard fixtures
that have now been installed all along the canal. This was an oversight of epic
proportions and someone must be held accountable. Now we have
been advised by Public Works that the plan is at g0% when no one from PW
communicated with our group since we so
generously provided the plan, pro bono, to the Public Works Department last
year. lf I had not written to Public Works about our shock at seeing the bollards, we
would have never
heard another word about the landscape plan until it was implemented. To be
907
honest, I cannot say if this is due to incompetence, lack of transparency, obstruction or
deception. We have experienced all of these during our dealings with Public
Works on the canal project. Despite misinformation contained in a Letter to
Commission dated
April 1 ,2013 and an a(icle in MB Magazine, Parks and Rec did not "coordinate"
or "collaborate" with GTAG on this plan. We have never had a meeting or any
discussions
with Parks and Rec. Our sole contact on this project, from the beginning, has
been Public Works.
We believe it is absolutely necessary that senior staff now engage in getting this
project right.... beginning with this discussion with ERM. Unless the county sees that
the administration
and our elected representatives are committed to fixing this "flawed" project, nothing will
be achieved, despite GTAG's thousands of hours devoted to this over the past three
years.
We are requesting that you participate in this meeting. Secondly, we are asking for the
upland landscape plan to be stopped immediately and a meeting called to address the
serious problems connected with its implementation.
Sincerely,
Sheryl Gold
GTAG Greenspace/Tree Advocacy G roup
From : Diaz, Hermes lmailto:HermesDiaz@miamibeachfl .gov]
Sentr Tuesday, May 2L,2013 2:17 Pl4
To: Hopps, Christine (RER)
Subjec* Mangrove Planting
Hi Chrissy;
The City of Miami Beach and a group of concerned residents would
like to schedule a meeting with your office within the next 2 weeks,
preferably in the afternoon to discuss the mangrove planting over the
Collins Canal. lf you could please give us a couple of dates where you
are available to make sure we Gan get everyone can attend.
Sincerely;
h4IATdIBSACH
Hermes Diaz,P.E., Civil Engineer lll
908
COLLINS CANAL SHORELINE RESTORATION PROJECT
Position Paper prepared by GTAG Greenspace Tree Advocacy Group of MB
Project Description:
Rebuilding the north sea wall along Dade Boulevard, fr:om the 17th Street bridge to
Convention Center Drive, reptacing the present wall with poured concrete; constructed
from the road side (land), not water, since the canal is too shallow. lmplementation of a
new 8 ft. wide bike/pedestrian path, separated from the canal by a barrier. The project
will necessitate the removal of all trees cunently growing at the location.
Greenspace impact Hundreds of protected mangrove trees (red, black, white) will be
destroyed. Replacement landscape will consist of trees of varying species, howevetr,
none of the new trees are equal in ecologicalvalue to the mangroves which are the
predominant tree that will be destroyed. Another consequence of installing the 8 ft wide
bike patn within a I ft. wide area between the new sea walland Dade Boulevard, will be
a space of three football fields in length between trees, including 650 linear ft without
landscaping, fronting the Palm View Historic District-
WHAT SHOULD HAVE BEEN?
lf the city supports enlisting world class architects to design parking garages, a concert
hall and a library, why would the city accept less when developing a project involving a
historic waterway created by its founding father-
We have a once in a lifetime opportunity to create an extraordinary public project.....
a balanced, progressive project that consists of
- inspired structural restoration
- opportunities for safe biking and walking, AND
- an ecologically responsible enhancement of the unique mangrove and upland
environment
This could have been accomplished through the use of rip-rap (rows of boulders)
deposited along the base of the new sea wall to above water level at high tide and
exiending out O ft into the canal. This approach would provide a base to mitigate on site
the hundreds of mangrove trees that will be lost; rather than mitigating them
somewhere in South Dade. This plan would have allowed the new mangrove trees to
be in the tidal flushing zone and provide all the environmental benefits that makes them
a valuable species that have a special protected status, such as
- cleansing the water
- providing protection for young fish
- providing habitat for birds
909
While there are three species presently growing, it is the red rnangroves, especially,
that are host to crustaceans, crabs and provide hiding spots for young fish. The
enhanced canal could have been a nature trailfor kayaks, zodiacs and canoes. This
could have been an ecologicaljewel.
lnstead, the project will consist of a sterile concrete sea wall, with a Jersey barrier atop,
an 8 ft. bike path which restricts to 12 inches the area for planting along much of the
project length. lt will result in the unprecedented destruction of hundreds of protected
mangrove trees * a habitat along the canalwhere little green, black crowned and yellow
crowned herons are known to roost; and the loss of buffering of the historic homes and
institutions such as the Holocaust Memorial and the MB Botanical Garden from the
Dade Boulevard traffic and resulting noise, emissions, particulate and light pollution.
HOW DID THIS HAPPEN?
While the project has been discussed for at least 17 years, the c$rrgnt_plan has been
rushed through and was only presented to the public recently, just three weeks before
the HPB approval vote hearing. City staff has stated that the project must move forward
due to grant deadlines.
There is no question that vegetation and ecological considerations were an afterthought
when designing this plan. lt was only after the plan was presented to govemment
agencies, that the city's Greenspace Management Division was even consulted; and
then they were not invited to participate in the public meeting.
It appears that the Bike Master Plan has been driving the process and has prevented a
balanced approach from taking place.** Residents were only presented with a single
opportunity to be informed and provide comment on the current plan, while the bike
committee has been meeting for years. As recently as two weeks ago, when asked if
there would be a second public meetlng, city staff indicated that another public meeting
may not be necessary.
There are a number of serious issues that must be addressed:
The city never presented the regulatory agencies with a proposal
that would have achieved an ecological restoration. For example,
The DERM Coastal Resources project manager confirmed that this project was
proposed and considered solely as a development project; with no
component of ecological restoration.
The numbers of mangroves that will be destroyed have been undercounted
by DERM because they did not factor in smaller trees. Therefore, when
calculating the required mitigation, DERM did not count hundreds of trees. For
example, some mangrove trees, although eight feet tall and providing habitat
for wildlife and buffering to the historic neighborhood, do not count.
1.
2.
910
GTAG's own survey of the mangroves between the 17th Street bridge
and Convention Center Drive, conducted by a certified arborist, shows three times
the number of trees to be destroyed.
ln a recent report, submitted in connection with the recommendations to the
HPB, city staff stated "much of the vegetation along the canal is of very low quality
and undermines the sea wall." Nothing could be furtherfrom the truth.
GTAG has concluded that the city's canopy replacement numbers are misleading
from two standpoints:
- the real value of the mangroves is in no way replaced by the proposed trees
- the destruction is grossly underestimated
3. lt is forcing our elected representatives to vote on a plan that is uninspired and
inadequate and is being driven by grant and timing considerations rather than
the quality of the outcome.
Why doesn't the cunent plan bear any resemblance to the project description"
submitted for commission approval in 2008?
4. Other discrepancies: Public Works recently stated "we submitted a check to DERM for
the mangrove mitigation. We are in the preliminary stages of identifying potential mitigation
sites within the City. No site has been selected as yet."
DERM just this week disclosed that a permit for the mangrove removal had not been issued
because they were waiting for proof that the CMB had purchased credits from the FPL
Everglades Mitigation Fund Bank. Such purchase would mean that the mitigation would take
place in South Dade on FPL lands, not even in Miami Beach.
WHAT TO DO?
For those of us who have been laboring for years to improve the greenspace of our
city and advance public awareness of protected species such as mangroves,
strangler figs, specimen trees and mature trees (we estimate that the mangroves have
existed along the Collins Canal for at least 50 years), this project clearly represents
a Iack of priority for greenspace. We will go even further...it represents the most
environmentally destructive project ever proposed in the city. These are not
the actions of a "sustainable" city.
The residents deserve transparency and responses to our public information requests.
The GTAG request for a postponement of the initial HPB approVal vote due to a lack of
access to details was ignored by Public Works.
A project of this rnagnitude and consequence demands more than one public
meeting.
911
Please write/callthe Mayor and Commissioners and the Historic Preservation Board
to let them know you are seriously concerned about the impending destruction of
hundreds of protected trees and the inadequacy of the replacement plan; ask them
to develop a plan that will provide not only safe bike access, but a viable landscape
buffer and tree canopy and ecological benefits to the Collins Canal itself. Please
request a series of public meetings, one prior to the HPB approval vote scheduled for
Dec. 13.
Please forward this e mail to your friends and neighbors. We need to spread the
word, as quickly as possible.
Thank you in advance for your support and efforts.
Sheryl Gold
Gary Hunt
GTAG - Greenspace/Tree Advocacy Group of Miami Beach
ADDENDUM
*Cammission Memorandum - Collins Canal Enhancement Project
December 10, 2008
Page 3 of4
Collins Canal Shoreline Restoration Project
ln 1914, the Collins Canal was dredged in order to connect the southern end of lndian
Creek to Biscayne Bay. Over the years, the seawalls abutting the watenray have
declined in structural integrity and are currently in need of repair and reinforcement. The
deterioration of the seawalls in turn results in shoreline erosion and destabilization and
subsequently sedimentation of the canal bottom, which impact the water quality of the
canal. The restoration of the canal will afford a higher quality habitat to the federally
protected endangered sea grass and other wildlife that comprise theJra-[glqvg_
ecosvstem and inhabit the canal's shores and submerged bottom.
The Collins Canal Enhancement Project will rehabilitate the northern bank of the Collins
Canal between approximately Alton Road to 24th Street and Lake Pancoast. The City
retained Coastal Planning & Engineering, lnc. (CPE) to complete the innovative design
of this project that will utilize the creation of a 'living seawall", which is a seawall system
that uses natural materials to reinforce a seawatl such as boulders and special
geotextile fabrics while simultaneously generating numerous environmental benefits.
The project will involve the removal or bracing of the existing sea wall and the
installation of a new seawall comprised of carefully intermeshed, large diameter
boulders which will provide increased wildlife habitat, improved water quality, and more
natural flushing and flow of water.
The slope and elevation of the new boulder walls will be designed to closely mimic
natural tidal creek shorelines. A geotextile liner will be installed along the eroded
shoreline areas behind the new boulder walls to prevent future erosion. The shoreline
912
will then be replanted with native coastal plant species that will serve to anchor the
shoreline and minirnize erosion. These shoreline areas will also become a buffer zone
protecting the watenryays from polluted storm water run-off.
**The Dade Boulevard Bike Path will create a multi-purpose public access corridor on
the south side of Dade Boulevard from Purdy Avenue to the 23rd Street Bridge,
adjacent to the Collins Canal.
The existing cross section of the Dade Boulevard corridor has some width limitations
which require the stabilization of the Collins Canal embankment and upgrade or
replacement of the existing seawall prior to the construction of the proposed bike path.
ln its cunent state, the walls of the canal cannot provide adequate soil support to the
proposed bike path to ensure the safety of its users- As such, an embankment
stabilization and subsequent seawall restoration project are an integral component of
the Dade Boulevard Bike Path and seawall project, since it wili provide the foundation
necessary to ensure the structural integrity of the bike path. The proposed modifications
to the Collins Canal seawall design plans of the northern bank of Collins Canal will
integrate both the bike path and seawall projects and continue the currently proposed
design as one project.
Credentials:
GTAG
Formed 10 years ago by residents, our mission is to protect, preserve and
enhance the urban forest of Miami Beach, with a particular focus on native
species and shade canopy.
Key accomplishments: Succeeded in getting the CMB to establish a separate
Greenspace Management Division and hire the city's first urban forester.
Gary Hunt
Co Founder, GTAG Greenspace Tree Advocacy Group of MB
Founder of Treemendous
Board Member, Tropical Audubon Society
Certified Arborist
Miami Beach community activist
Member, Bayshore Neighborhood Association
Sheryt Gold
Co Founder, GTAG Greenspace Tree Advocacy Group of MB
lnitiator, producer and creative director of the nation's first public awareness
campaign on the environment; aired on the Discovery Channel
Producer and creative director of Global Releaf, American Forest's TV
campaign to plant one million trees
Miami Beach community activist
Member, Patm View Historic District Neighborhood Association
913
COLLINS CANAL PROJECT
BACKGROUND I N FORMATION:
After many years of discussions, the City of Miami Beach undertook the replacement of
the seawall and construction of a new pedestriar/bike pathway along the Collins Canal'
Unfortunately, the seawall restoration/bike path project has resulted in the unavoidable
destruction of most trees/vegetation along the canal. While new landscaping is planned
in other sections, the project has left OVER two footballfields in length on Dade Blvd.
(650 linear ft.) totally barren of trees and vegetation*,-bordering the Palm View Historic
bistri"t residential neighborhood and directly across from Publix; and destroyed
hundreds of protected mangrove trees. As a result, 1) the area is visually and
aesthetically ugly; 2) there is no buffer to Patm View historic homes and residents
against vefricutai emissions, noise and light pollution, and particulates; and 3) the
eiology, including wildlife, has been adversely affected.
This corridor is too important to our city and bordering neighborhoods -
palm View Historic District and Bayshore - to accept anything less than a progressive
transiUwatelway design. lt is the gateway to the city center and anticipated upgraded
convention center.
There is signiflcant community support for improving the Collins Canal project which
would provide not only safe bike access, but a viable landscape buffer and tree canopy;
along with ecological benefits to the Collins Canal itself'
ln summary, the primary goal is to create a linear bikeway with continuous native shade
canopy trees and groundiover. The ONLY option to accomplish this is to eliminate the
east Lound Ieft turn lane into the Publix parking lot on Dade Blvd; along with relocating
the curb and gutter.
*the total lack of any landscaping is due to the narrowing of the space available for planting; a
direct result of the existing left tum lane into Publix-
WHY IT IS GOOD BUSINESS FOR PUBLIX TO COLLABORATE WITH THE CITY OF
MIAMI BEACH TO IMPROVE THE COLLINS CANAL PROJECT.
914
As a committed corporate partner in Miami Beach's effofis to be ecotogically sensitive
and green, we call upon Publix to help make the Collins Canal -- in its 100th anniversary
year -- a progressive urban watenruay with upland shade trees and replacements for the
hundreds of recently destroyed mangroves. Indeed, we encourage publix to join local
residents and the city commission and administration in improving and restoring the
canal in the section of Dade Blvd. located directly across the street from its store -- in
order to provide a beautiful and environmentally sound entry into Miami Beach for the
thousands of drivers, pedestrians, bicyclists, and boaters who pass by both publix and
the Collins Canal every day.
We suggest Publix use this as a public relations opportunity, with the possibility
of 1) a joint news conference with city officials to announce the collaboration; and 2) a
store display of The Reclamation Project, a pafticipatory eco-art project by Xavier
Cortada. The project, which is part of the Miami Science Museum, encourages local
businesses to take paft in engaging their customers about the environment. In this
case, the mangrove seedlings displayed at Publix would eventualty be planted in the
Collins Canal, in order to restore and rebuild ecosystems that were destroyed.
1. Publix has a strong corporate environmental policy:
"Publix is committed to preserving and improving our environment."
The nGreen Routine" program has been so successful, Publix was awarded the Council for
Sustainable Florida large business award. Also, Publix is a partner company in the
Environmental Protection Agency's "Energy stad' and "Greenchill" programs.
2. Publix has a strong corporate sustainability statement:
"Publix's continued success depends upon sustaining our environment, the people in our
company and communities, and our business. Publix has always been committed to the
responsible use of environmental resources."
3. Publix's Greenwise branding, which includes a wide range of natural and organic products,
substantiates the company's commitment to its customers that green is an integral part of their
business plan.
4. Enabllng the planting of the necessary upland landscaping will not only restore the
environment but will also enhance the aesthetics of the view directly across from the entrance to
the Publix store on Dade BIvd.
5. The Revised Traffic lmpact Study prepared by ATKINS, October 4,2012, at the request of
the City of Miami Beach, evaluated the traffic operational impacts due to the removal of the
Eastbound Left turn storage lane going into the Publix located at 1045 Dade Blvd. lt was
concluded that the proposed removal of the turn lane "will have minimal to no effect on the
traffic operational performance at the intersections within the study area." (all adjacent
interesections)
915
6. The community is celebrating the centenary of the Collins Canal, the oldest surviving man-
made structure on Miami Beach. What betterway to demonstrate Publix's commitment to
the neighborhood and community, than by enabling the improvement of the ecology and
appearance in the immediaate vicinity of the store.
7. Reach potential new shoppers. The city has added a crosswalk and signal at Michigan Ave.
and Dade Btvd. that will improve access for Publix shoppers who are pedestrians and bicylists
using the newly installed mutti use path.
The city has installed a new dock to service on board residents who want to shop at Publix by
dinghy.
Thousands of visitors each year take Dade Blvd. to reach the convention center.
Residents use Dade Blvd. as a major artery to reach their homes, schools, city center
and downtown Miami. Without Publix cooperation to enable the widening of the space
available for landscaping, the public will be forced to look at a baren concrete seawall,
crashwall and bike path; and pedestrians and bicylists will be exposed unnecessarily to
sun/heat that would otherwise be mitigated by shade trees.
Our city, as well as Miami Dade County, has a serious tree canopy deficiency. With
rising temperatures, particulary impactful in our tropical climate, it is becoming more and
more critical not only to stop the destruction of trees, but to increase the canopy through
planting. Trees not only cool our cities and our planet, they also clean the air, conserye
energy, prevent stormwater runoff and soil erosion, provide habitat for wildlife, improve
business traffic, absorb noise and dust, and hetp mitigate heat islands.
The City of Miami Beach seeks to implement this project in an innovative and
environmentally beneficial manner. The city commission, residents of the adjacent
neighborhoods, community leaders, and environmentaI activists, including members of
GTAG - Greenspace/Tree Advocacy Group, support the ecological restoration of the
historic canal and replacement of the destroyed trees.
ln summary, Publix is the premier quatity food source for Miami Beach residents.
Pubix's community image and business will be further enhanced by cooperating with the
city and its residents to achieve a Coilins Canal project that will help to ensure its
sustainability...for present a nd future generations.
December 21,2072
Submitted by:
GTAG Greenspaceffree Advocacy Group
Sheryl GoId, Gary Hunt, Jane [.osson, BarryMiller
916
From: sheryl gold <shergoldcom@gmail.com>
Date: May 20, 20132:05:48 PM EDT
To: "Diaz, Hermes" <HermesDiaz@miamibeachfl.gov>
Cc: Barry Miller <barry@savinomiller.com>, gary hunt <vanhunt@att.net>, John
Oldenburg <JohnOldenbu rg @ miamibeachfl.gov>, Richard Sa ltrick
<RichardSaltrick@miamibeachfl. gov>, Do uglas Seaman
<DouglasSeaman@miamibeachfl.gov>, Jimmy Moraies
<Jimmymorales@miamibeachfl.gov>, Ed Tobin <Ed@miamibeachfl.gov>, Dessiree
Kane <dessireekane@gmail.com>
Subject: Re: Landscape Plan for Collins Canal
Hermes,
You asked GTAG to design a landscape plan when the original PW plan was deemed
inappropriate.
We refused, on several occasions, to provide these services, untilwe were assured
that Public Works
would pursue our proposed solution for providing space from Alton to Meridian to
mitigate the total absence of upland landscaping
along the Palm View Historic District. Once PW agreed to put in the "temporary" bike
path along this section, we agreed to design, pro bono, a native, shade canopy plan.
After passing by the canal recently and seeing the numerous bollards, plus reading the
publicity about the upcoming Collins Canal landscaping
in the MB Magazine and the April LTC, GTAG members realized that the light bollards
were never on the plan you provided us, in order for us to develop a landscape plan.
The size, location, and number of these lights will greatly impact the city's ability to
implement the plan as it was designed. lt is unacceptable that we invested all
this time and effort, and no one ever told us about the bollard lights.
We have spent thousands of hours over the last three years, advocating for the right
thlng on this project. Now, at this late date, we discover yet
another "oversight" or questionable decision that has caused our work to be a wasted
effort. Why is it at 90% without ANY communication since we submifted the plan?
Sheryl Gold
GTAG Greenspace Tree Advocacy Group
On May 20,2013, at 1;37 PM, Diaz, Hermes wrote:
Sheryl;
917
ln response to your previous enquiry, although theywere part of the HPB approval, the
plans that were provided to GTAG for the purpose of the designing an upland landscape
along the Collins Canaldid not show the proposed light bollards along the Collins
Canal. I have attached the plans we have worked with Parks and Recreation
Department off the design sketch provided by GTAG. These are about 90% completed.
Sincerely;
MlAMIBEACH
Hermes Diaz, P.E., Civil Engineer lll
PUBLIC WORKS DEPARTMENT, Engineering Division
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7080, Ext: 6387 / Fax: 786-394-4571 / ranannr.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work
and play in our vibrant, tropical, historic community-
---Original Message---
From: sheryl gold [mailto:shergoldcom@gmail.com]
Sent: Monday, May 20, 2013'12:09 PM
To: Diaz, Hermes
Cc: Barry Miller; gary hunt; Oldenburg, John; Saltrick, Richard
Subject Landscape Plan for Collins Canal
Herrnes,
Did you locate the specific plan that was provided to GTAG by Public Works, for the
specific purpose of designing an upland landscape plan along the Collins Canal?
I need this information by the end of the day-
Thank you,
Sheryl
< P K-20 09-2-Land sca pe. pdf>
918
R9 - New Business and Commission Requests
Presentation By The Miami-Dade Metropolitan Planning
Beach Corridor Transit Connection Study.
(Transportation)
Organization (MPO) On The
Agenda ltem
919
THIS PAGE INTENTIONALLY LEFT BLANK
920
g MIAAAI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Members of the City Commission
CC: Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Philip Levine, Mayor
DATE: Septemberl}th,2Ol4
SUBJECT: Short Term Vacation Rentals and Code Enforcement
Please place a discussion item on the agenda related to short term vacation rentals
and code enforcement.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeach FL.gov.
We ore commitfed to providing excellent public service ond soienT n oll who live, *or!, ond ploy in our vibront, lropicol, hisloric comnunity
Agenda ttem KQ t
Dare V/o-/q__:_921
THIS PAGE INTENTIONALLY LEFT BLANK
922
E MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Memberslof the
Jimmy L. Morales, City Manager
September 10,2014
DISCUSSION REGARDING A TRAFFIC IMPACT STUDY AND THE
POSSIBLE FUTURE CONVENTION GENTER HOTEL
This item has been requested by Mayor Philip Levine for discussion at the September 10,2014
Commission Meeting.
BACKGROUND
On January 15,2014, the City Commission directed the Administration to prepare a competitive
solicitation for design services relating to the renovation and expansion of the Miami Beach
Convention Center (MBCC). To expedite the MBCC renovation process, the City plans to enter
into a design-build agreement.
One of the concepts that has been discussed by the City Commission is the construction of a
Hotel within the MBCC campus. The proposed location identified by City Commission for a
Convention Center Hotel is on the south side of the Convention Center abutting 17th Street and
Convention Center Drive. The traffic impacts of a possible hotel at the MBCC campus was
preliminarily discussed at the July 30, 2014 Commission Meeting. At the meeting, the Mayor
and Members of the Commission recommended that the Administration begin looking at the
possibility of conducting an independent traffic study for three (3) occupancy scenarios for the
MBCC Hotel (400 rooms, 600 rooms, and 800 rooms). ln addition, the Commission requested
that a draft scope of services, including estimated cost and duration, be presented to
Commission for discussion at the September 10, 2014 meeting.
Based on this direction, staff has drafted a scope of services including a description of key tasks
intended to gauge the traffic impacts of a Convention Center Hotel for each of the occupancy
scenarios
(Attachment). While the Hotel Traffic lmpact Study will be conducted separately from the MBCC
Traffic Study, the two efforts will be closely coordinated.
DRAFT SCOPE OF SERVICES
The tasks identified in the attached draft scope of services describe the purpose and necessary
deliverables to accurately gauge the impacts of the proposed convention center hotel. The
scope prescribes Level of Service (LOS) analysis for twelve (12) intersections along key ingress
and egress routes. Given the potential for a Convention Center Hotel to create a ditferent
business model for the Convention Center, the scope includes a conceptual analysis of the
TO:
FROM:
DATE:
SUBJECT:
Agenda ltem R? f
oa|P- q-t0- ly923
Commission Memorandum - Discusslon Regarding A Traffic lmpact Study and The Possrb/e Future Convention
Center Hotel
September 10, 2014
Page 2 of 2
traffic impacts of existing and potential MBCC booking policies as an optional task. This optional
task would qualitatively analyze the traffic impacts associated with Consumer Shows and Trade
Shows/Conventions. The study would also need to focus on the car traffic generated by
comparable South Beach hotels, compared to hotels in other areas.
Staff has preliminarily estimated the study to take 120 days. Based on the complexity of micro-
simulation modeling that would need to be conducted to obtain LOS and traffic delay figures for
the study intersections, staff estimated the cost of the study at approximately $70,000 and the
optional task at $15,000.
This item is pre_sented to City Commission for discussion and input.
J.TD.
KGB/JRG/JFD
T:\AGENDA\2014\SeptembeADiscusslon Regarding A Traffic lmpact Study And The Possible Future Convention Center Hofel.docx
924
.!."
.t
i:.
ffi
fr)>Yl,#
925
SCOPE OF WORK
Miami Beach Convention Center Hotel
Traffic lntpact Study
PT]RPOSt]
The Consultant for the City of Miami Beach (CMB) shall provide professional engineering
services to conduct these tasks in order to complete the Traffic lmpact Study for a Miami Beach
Convention Center Hotel as directed by the City Manager, or designee, in conducting the
needed the needed services described in the scope of services.
The purpose of the traffic engineering services described herein is to evaluate the impacts of the
proposed Miami Beach Convention Center (MBCC) Hotel to be proposed located within the
campus of the planned MBCC Redevelopment Project.
The MBCC Redevelopment Project provides for the renovation and expansion of the Miami
Beach Convention Center. The renovation encompasses a comprehensive renovation and
modernization of the exhibit halls, meeting rooms, public spaces and fagade. ln addition, a new
ballroom will be added encompassing approximately 80,000 in net rentable area. Finally, the
Preferred Parking Lot will be converted into a public park. The parking currently on the
Preferred Parking Lot will be replaced within the MBCC.
The development of a Hotelwithin the campus has been contemplated as a measure to improve
convenience for MBCC patrons, and as a measure for the MBCC to book events generating
higher economic impact for the city. Three Hotel size proposals are being considered by the City,
one with 400 rooms, one with 600 rooms, and one with 800 rooms. The site selected by City
Commission for a proposed Hotel is on the south side of the Convention Center campus abutting
17th Street and Convention Center Drive.
Based on discussion held by the City Commission during its July 30, 2Ot4 meeting, an
independent City managed Traffic lmpact Study is to be performed to gauge the impact of the
proposed Hotel on the adjacent intersections and corridors. While the Hotel Traffic lmpact
Study will be conducted separately from the MBCC Traffic Study, the two efforts shall be closely
coordinated.
The City desires to understand the traffic impact for the various convention hotel scenarios.
Such impacts will be driven by the gross trips generated by the hotel, its relation to the MBCC
Redevelopment Project traffic impacts, and its synergy with the dynamics of the City Center
District of South Beach. To understand the hotel traffic impacts, the consultant shall perform the
necessary research of local and national trends to determine the influence of the proposed
hotel occupancy capacities on the MBCC transportation and City mobility.
Page | 1
926
III.
It. i\'l l:L'l'lN{il
P roiect Kick- Off M e eti n a
A project kick-off meeting will be held to discuss the approach, schedule, and methodology.
Attendees shall include a representative of the CMB City Manager's office, the MBCC
Redevelopment Project Manager, CMB Hotel Traffic lmpact Study Project Manager, and
supporting staff. The following meetings are anticipated:
Proiect M anoqe me nt M eeti nqs
The Consultant shall coordinate and conduct two (2) progress meetings to inform the City. The
first progress meeting is to be held at the mid-point of the study schedule and the second
progress meeting shall be held once a draft final report has been completed. The Consultant
shall provide all necessary material for the progress meeting.
Elected Official Meetinos
The Consultant shall attend and be available to present the findings of the Traffic lmpact Study
at a future City Commission meeting. The City shall coordinate the agenda and provide notice to
the Consultant. At the discretion of the City, the Consultant shall also make itself available for
CMB Commission Committee meetings.
TRIP GENERATION
Trip generation calculations for the proposed MBCC Hotel shall be performed using the lnstitute
of Transportation Engineers' (lTE) Trip Generotion, 8th Edition Land-Use Code 310. The intent of
utilizing the ITE Trip Generation Land-Use Code 310 is to calculate the gross trips generated by
the proposed hotel. This calculation will have to be conducted for each of the hotel capacity
alternatives.
One of the key aspects to take into account when calculating net trip generations is the
proximity between the proposed hotel site and the MBCC. ln order to accurately calculate the
internal capture rate for the proposed Hotel in relation to the MBCC Redevelopment Project,
the consultant shall contact other convention center hotels throughout the Country to obtain
internal capture figures. lf accurate figures could not be obtained from contacting other
convention center hotels, the Consultant shall use available literature and available data to
calculate a suitable internal capture rate for the proposed Convention Center Hotel assumptions
for Multi-modal trip reductions for the MBCC Hotel shall be approved by the CMB Project
Manager prior to implementation. Since the City is evaluating three (3) possible occupancy
scenarios for the proposed Hotel, the Consultant shall perform three (3) different Trip
Generation calculations following the methodology described above. The three (3) proposed
occupancies are:
400 Rooms
600 Rooms
800 Rooms
a
a
a
Page | 2
927
tv.
Deliverable: A Technicql Memo describing the Trip Generotion methodology followed for the
proposed MBCC Hotel shall be submitted to the City for review ond approvol prior to
commencement of Task lV.
.I'RI I:, I) ISTRI IJT]TION
Trip distribution and traffic assignment for the Hotel shall be based on Miami-Dade County's
Metropolitan Planning Organization (MPO) Cardinal Distribution for the area. The Traffic lmpact
Study report shall include graphics of the project traffic assignment.
Deliveroble: Tables and Grophics depicting the project troffic ossignment sholl be included as
port of the Troffic lmpact Study Finol Report.
DATA COLLECTION
The Consultant shall review and analyze the available data collected as part of previous and
current the MBCC Traffic lmpact Studies. This data will be analyzed to determine weekday peak-
periods and weekend peak-periods. lf additional bi-directional vehicle volume counts are
required, the Consultant shall receive written approvalfrom the CMB Project Manager.
Based on the peak periods identified from the bi-directional volume counts, the Consultant shall
collect four (4) hour Turning Movement Counts (TMCs) during a weekday and weekend at the
following locations:
1. Alton Road and 17'h Street
2. Alton Road and N. Michigan Avenue
3. Alton Road and Dade Boulevard
4- Alton Road and Chase Avenue
5. Alton Road and 5th Street
6. N. Michigan Avenue and Dade Boulevard
7. Dade Boulevard and Meridian Avenue
8. 17th Street and Washington Avenue
9. 17th Street and Meridian Avenue
10. 17th Street and Michigan Avenue
l.L. Convention Center Drive and 17th Street
12. Convention Center Drive and Dade Boulevard
Given that Alton Road is currently under construction, the Consultant may obtain previous
intersection counts performed prior to the construction. The historic counts shall be provided by
the City if available.
Deliveroble: Troffic counts per intersection sholl be included os port of the Troffic lmpact Study
Appendix. FDOT Peok Seoson Foctor toble shall be shown if opplied.
V,
Page | 3
928
tl Ii,\(.Ktil{t}tiil[] (;ttt]\t|f ll RA l['ii( Ol\lNlll I Irl) I)LVhl.(]]'Ml',N'l\
Background growth rate will be calculated based on historic growth trends at nearby Florida
Department of Transportation (FDOT) traffic count stations. ln addition, the Consultant shall
examine growth rates based on Miami-Dade MPO Long Range Transportation Plan (LRTP) model
network volumes. ln an effort to remain conservative, the higher of the two (2) growth rates
established above shall be utilized in the analysis. Documentation shall be provided as part of
the Appendix of the Traffic lmpact Study.
Major Committed Developments to be included as part of the background traffic shall be
discussed with the CMB Planning and Transportation Departments during the Kick-off meeting.
The figures obtained from the committed developments must be included in the Level of Service
Analysis. Trips generated by the MBCC shall be included as part of the committed
developments.
Deliverable: FDOT Historicol AADT Report utilized to determine the yearly growth foctor and
Committed Developments Trip Generotion Colculotions shall be shown in the Troffic lmpoct
Study Appendix.
VII, LEVEL OF SERVICE ANAI,YSIS
The consultant shall obtain traffic signal timing plans from the Miami-Dade County Traffic
Signals and Signs Division to conduct Capacity and Level of Service (LOS) analysis for one (L)
peak morning hour and one (1) peak afternoon hour for all study intersections. The analyses
shall be undertaken following capacity and level of service procedures outlined in the Highway
Capacity Manual (HCM) using the SYNCHRO software. Capacity analyses shall be conducted for
the following four (4) scenarios as described below (existing traffic conditions,
future/background traffic conditions, future total traffic conditions, 15-year horizon traffic
conditions) for all three (3) possible occupancy scenarios.
Deliverobles: Synchro onalysis results shall be included os port the Troffic lmpact Study Appendix.
Existi n g Con d iti o n s An o lysi s
Future Bockground Troffic Conditions Anolysis (FDOT Growth Rote ond
Com m itte d Deve I op me nts ).
o Future Total Traffic Conditions (Hotel Opening Doy) for three (j)
occuponcy scenorios
o 15-Yeor Horizon Traffic Conditions for three (3) occuponcy scenorios
VIII. RECOMMENDED CAPACITY IMPROVEMENTS
As a result of the capacity and LOS analysis, the Consultant shall identify capacity improvements
to mitigate any traffic impact and enhance LOS at the study intersections andlor adjacent
corridors for existing and future demand. The improvements shall be separated by the three (3)
occupancy scenarios. Preliminary costs estimates shall be provided for each of the
recommended improvements.
Page | 4
a
a
929
tx.
Deliverobles: Project list including picture or rendering of the project, project description,
purpose and need of project, project requirements (odditionol onolysis, design, etc.), preliminory
project cost.
PARKING DEMAND ANALYSIS
Based on the vehicle trips determined in the Traffic lmpact Study Trip Generation Analysis, the
Consultant shall determine the parking demand required by the each of the Hotel occupancy
scenarios being considered. The Consultant shall be responsible for coordinating with CMB
Planning Department staff to determine the parking requirements in the City.
TRAFFIC IMPACT STUDY REPORT
The results of the traffic analysis shall be summarized in a Final Report to include all tasks
described herein. The report shall include all supporting documents including signal timing,
plans, lane geometry, capacity analysis output sheets, and minutes of all meetings. The report
shall also include all text and graphics necessary to summarize the analysis and results of the
study. The Final Report shall be signed and sealed by a Florida Registered Professional Engineer.
Deliveroble: An electronic copy of the Traffic lmpoct Analysis Final Report in CD formot sholl be
provided olong with a hord-copy.
OPTIONAL TASK
As an optional task at the City's discretion, the Consultant shall conduct research on the impacts
of the event programing on the traffic conditions and level of service. The two scenarios in
programing to research are:
Consumer Shows: Open to the public. Most of the attendees are locals who drive to the
MBCC and park in the area.
Trade Shows and Conventions: Events only open by invitation. A percentage of the
attendees are visitors who stay in hotels within the City or County and may walk, drive,
take a shuttle, or take a taxi into the MBCC.
All historical data required for the research shall be coordinated with the City.
Deliverable: All doto gathered during the research sholl be cited ond included in the description
of the tosk.
XII. SCHEDULE AND COST (CITY ESTIMATE)
The Consultant shall take no longer than 1"20 days for the completion of the MBCC Hotel Traffic
lmpact Study. Staff has preliminarily estimated this study to cost 585,000 based on the complex
micro-simulation modeling that would need to be conducted to analyze intersection capacity
and level of service.
Page | 5
x.
xt.
930
MIAMIBEACH
City of Miqmi Beoch, I200 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Raul J. Aguila, city AttornS!-a[, A*tl-
DATE: September 10,2014
SUBJECT: Motion to Approve the Recommendation of the Mayor and City Commissioners from
the Closed Attorney-Client Session held on April 23,2014 (ltem R10B).
At the beginning of the April 23, 2014, City Commission meeting, the City Attorney
announced that there would be a closed attorney-client session during the lunch recess,
in connection with the pending litigation styled, City of Miami Beach, Florida Y,
Hargreave.s Associates, lnc., et at., Cise No.: 10-61979 CA 40, Circuit Court in the 1lth
Judicial Circuit in and for Miami-Dade County, Florida.
During the lunch recess, the closed attorney-client session was held. The Mayor and
City Commission were advised by the City Attorney, the City Manager and litigation
counsel of the mediated settlement agreements which were negotiated, subject to final
Commission approval and ratification, during the April 11, 2014, Court-ordered
mediation conference. Thereafter, a discussion proceeded regarding resolving certain
design issues only, in connection with the water feature, pylon lights, irrigation and sod
(partial).
The claims to be resolved, and parties to be released, are as follows: (1) as to the water
feature, Dan Euser Waterarchitecture, lnc. and Hargreaves Associates, lnc.; (2) as to
the pylon lights, LAM Partners, lnc., William Abarca, P.E., Hargreaves Associates, lnc.,
Horacio A. Rodriguez, P.E. and Johnson, Avedano, Lopez, Rodriguez; & Walewski
Engineering Group, lnc.; (3) as to the irrigation, Kenneth Didonato, Kenneth Didonato,
lnc. and Hargreaves Associates, lnc.; and (4) as to the sod (partial), Savino & Miller
Design Studio, P.A.
ln order to finalize the closed attorney-client session discussions and ratify the
negotiated settlement agreements, from the April 23, 2014 Attorney-Client Session, a
motion to approve the recommendation of the Mayor and City Commission must be
voted on at a duly noticed City Commission meeting.
Agenda lten R?kDate ?-/Ol0;931
THIS PAGE INTENTIONALLY LEFT BLANK
932
R9 - New Business and Commission Requests
RgL Deputy Chief Lauretta Hill Swearing ln Ceremony.
(City Manage/s Office/Police)
Agenda ltem
Date933
THIS PAGE INTENTIONALLY LEFT BLANK
934
b MIAMIBEACH
Clly of Mloml Beoch. ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the C mrssron
FROM: Jimmy L. Morales, City Manager
DATE: September 10,2014
SUBJECT: DISCUSSION REGARDING THE LITY OF CREATING AND OPERATING A
MIAMI BEACH HISTORY MUSEUM
CLUB
IN THE HISTORIC MIAM! BEACH WOMEN'S
BACKGROUND AND ANALYSIS
The Miami Beach Women's Club is a historic, single-story Mediterranean Revival building
located at 2401 Pinetree Drive. lts 5,000 sq. ft. interior includes a proscenium theater, kitchen,
dining room and restrooms. The building was badly damaged by fire several years ago. lt was
recently purchased by the South Beach Hotel Group, and is being restored to historical
accuracy for use as a rental hall. South Beach Hotel Group's owners have approached the City
to see if there is any interest in sharing the space with them at no charge for use as a museum
chronicling the history of Miami Beach.
The building has charming architecture and historic details but very little usable wall space,
except for the stage and backstage areas. Because of its primary use as a rental hall, exhibition
materials would have to be mounted in movable cases that could be relocated to a backstage
storage room when necessary. Staff has consulted with several local museums and estimates
the cost of an initial exhibition to be approximately $250,000 (curatorial and exhibition design
fees, showcases, additional lighting, conservation, installation, audio-visual equipment, etc.)
Additional costs would include daily staffing, off-site storage and conservation of the collections,
transportation, and all costs relating to any new or additional exhibitions. All of the museum
professionals consulted agreed that long-range planning should be our first priority to ensure
that the museum would survive, be adequately staffed and funded, and be relevant and remain
relevant for future generations.
CONCLUSION
fnis itff presented to City Commission for discussion and input.
JMG:KQB:MAS
T:\AGENDA\20 1 4\September\TCED\History Museum MEMO.doc
Asenda ttem RQM
Date ?-/07?935
THIS PAGE INTENTIONALLY LEFT BLANK
936
R9 - New Business and Commission Requests
RgN City Attorney's Verbal Report Update On Status Of Cibo Restaurant.
(City Attorney's Office)
Agenda ttem fr4 N
Date Q-10-/U937
THIS PAGE INTENTIONALLY LEFT BLANK
938
(9 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: September 3'd,2014
SUBJECT: Discussion regarding C-pass unavailability for Sunset Harbor Residents and
Commercial properties
Please place on the September 1Oth City Commission Meeting Agenda Discussion regarding
C-pass unavailability for Sunset Harbor residents and commercial properties.
Attached, please find C-Pass Petition from Residents and Commercial properties.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed to providing excellent public service and safety to alt who live, work, and play in our vibrant, tropi Agenda ttem RQ 0
Date 4-lblg939
ST]NSET HARBOUR NEIGHBORHOOD
C-PASS PETITION SUMMARY (EMPLOYEES)
a. Townhomes at Sunset Harbour, 1413 Sunset Harbour Drive, Miami Beach, Fla. 33 139.
Employees & Neighborhood businesses / 7 signatures
b' Sunset Harbour North Condominiums, 1900 Sunset Harbour Drive, Miami Beach, Fla. 33139.
Employees & Publix / 38 signatures
c. Sunset Harbour South Condominiums, 1800 Sunset Harbour Drive, Miami Beach, Fla. 33139.
Employees & Neighborhood businesses / 135 signatures
d' The Lofts at South Beach, 1701 Sunset Harbour Drive, Miami Beach, Florida 33139.
Employees & Neighborhood businesses / 16 signatures
combined Employees and Neighborhood businesses r 96 signatures
940
WE, THE EMPLOYEES OF THE SLTNSET HARBOUR NEIGHBORHOOD, INCLUDING
SUNSET HARBOUR RESIDENTS, SUNSET HARBOUR SHOPS, RESTAURANTS
PUBLIX, FRESH MARKET, TREMONT AND BEACH TOWING AND SURROUNDING
BUSINESSES PROTEST OUR INABILITY TO PURCHASE "AN ANNUAL
COMMUTER PLAN" (C-PASS) FOR $9O.OO OR LESS, WHICH WOULD ALLOW US
TJNLIMITED ACCESS TO TRAVEL ACROSS THE VENETIAN CAUSEWAY TO OUR
PLACE OF EMPLOYMENT.
The "annual commuter plan" or C-Pass allowed Miami Beach and Venetian causeway
residents to cross the causeway and pass through the toll plaza yyilSout paying a per-use fee.
The C-Pass was offered to Venetian causeway residents for $25.00 and off-causeway Miami
Beach residents for $90.00. This system benefited all residents of Miami Beach. This system
also benefited employees of the Yenetian Isles but not Sunset Harbour. As of April 1, 2014,
only Venetian causeway residents, their employees, or employees of the Venetian Isles are
eligible to purchase this pass. This C-Pass system is being replaced by a per-use Sun pass (no
discount) and toll plate system (increased charge).
Currently, we pay a toll every time we cross the causeway. A full time employee ffavels the
causeway, passing through the toll plaza an estimated l0 times a week, 40 times a month, or
480 times ayear. At a Sun Pass cost of $1.75 a crossing, that employee pays $840.00 a year
in tolls. For employees, without a Sun Pass, they will be charged by license plate at a cost of
$2.25 acrossing, with a monthly invoice fee of $2.50, or a total cost of $1,110.00 a year. The
cost of working on Miami Beach and paying these tolls is becoming prohibitive. We should
be afforded the same privileges as those employed on the Venetian Isles who purchase this
C-Pass at an incredible savings. To place this in perspective the Sunset Harbour
neighborhood is .03 miles from the Lido Spa/Standard Hotel and 2-l miles from the Venetian
Plaza- We are geographically part of the Venetian Isles but denied a benefit enjoyed by
employees .03 mile to 1.8 miles west of us.
The Venetian toll causeway is the most direct access point for us to travel. When haveling
from I-95, using 195 (Julia Tuttle) it is 6.3 miles, 395 (McArthur) is 5.7 miles vs the
Venetian causeway, which is 3.8 miles. Further, the Sunset Harbour neighborhood is situated
between the Venetia Way (south) & 20 Street (north), and Biscayne Bay (west) & Alton
Road (east). The Venetian Way is the beginning of the causeway.
Therefore, the undersigned employees of the Sunset Harbor neighborhood, including
employees of residential buildings, and businesses wish to be heard "loud and clear,,
objecting to our inability to purchase this commuter plan (C-Pass). The following names
appearing on the next page support this petition.
941
q*,/*yts
Please provide your name, business or employers name, address and zip code:
Ft'r^Y,(97iloroJr*"-T lt/i{ }p,qsr 3g/sl
Do Pveffi, €Sf ,ireeq.rtlarft zoz/d j:-tsn
Crrs{rvO [YknJoZzr CSt fnc^tta5er e.'+ l'.lt: Zo s+ 33t31
f c, c, LqS -uSq , C5 r \a nrr.a Ae h6^r1 . {r4 lf Zo\+ 3\\11
Alr: ss/s?
Ze/il'vrte C s I
942
Please provide your name, business or employers name, address and zip code:
1r. ..r=i t \{., l\>r'- 2
irJ c l.-t \r ( '.. .-.U.,
ut3q
s^+i 1FZ 33 I s!
D KIN l'ltrtt -<rt-,n
u tnri Not tb
t+Cu $yr r tYtrtfni VrUh ,3j)
\cf +l*ltsur ;k'ult,Z-84
M.$*ac.Ft ,33131
-s7); ru JZ 4 r c) oO S.;,vlf r */arrrr,,iz
^).
4.$taeil. z: tt
\ a\durawra lrl 0o gu,nSr-l llt| " rnit,,v,qr &L3sn,i
8-.Y ,r g- J c Cq,
l?0"
17 ?r1p- ll '.L Sqr,t
A'A b€ 1"" ei*aloo 0ui>v ,4ve Llti*; /lr**33t)f
\^lo-bou,. (Nur\Vr\
; Arre*M'i rri*i qIq\.\L33 \3\
l?o o ,&u0
JAIlao o*-b-t**-L 33t3?
'o3 l3?
f00 t)u rlg ,qvL
r4nn,,ty' Di*\- /rya| r.h{ gA0 ,a,i,*',, G.nh
\1r{-l f5q qd- \ yni Gw'r, Boc.uh,Ft-33 \5,t
1l\,linnri eh StBq
943
'%1,
boo r
€-n6 p lo yee
944
Prbhx o ir
B"d
Please provide your name, business or employers name, address and zip code:
1.
2.
---"
Ilrcvc,nlt3.
4.
5.
6.
7.
8.
9.
10.
11.
L2.
13.W)ll)ru,r Ap{rcr-ru
Ea, Lo/t'[Sd'
e{ ha, l(,
t4.
15.
15.
945
P., b\*r ci^\)
6.r-r-J
77.
18.
19.
20.
2L.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
946
S/+5
*Uo
@ 7ii77
g-? rJ)
s,--il-os-,-c)a 0t L,-v*t-) I)or S"r.,; /^-4u.- O^. -gJoa- --?J,J)
F.-,/T
sign $e pettdan ond include Wfi nome, oddress and dp cde
4/ -t/1 / -\- flot gligtr fi@n-)
Ifut.frtn
l10i ,T rP{-&utr- Os-*10C 17,o7 "",
a {Jval l'L*s2...-.-, l) or Jn,sc r f/rogc f F/ o- 4o,^ n^ 4 )o).
ftzrs+"l:o c-tzf;4 tSot
fture Uf sTft tc*9o
0u 53rb3
ftve
#o Nu) l(x
/ Tot f unr!
tA/&
3t b1
3=tA
c/il 5' c;^
Ct*El1E
&v
,4/tr /s- 37ft7
6{-tuc4^*t?t11,
)5ts7
H;',q Yq" 3)i>7
$. ssrtl
f S Put
^ 4r;rrrt y;gra S A.4
947
15rsily't'y
Please provide your name, business or employers name, address and zip code:
1.
2.
3.
4
5.
6.
9.
10.
11.
12.
13.
t4.
15.
L6.
Mrr.
f,po*- S,r,Jrgr.r-i
(5rr*r-^*.[\rra,or^'
N*:..' €s<sB\L
1-\-\Gsl&Are ?r-
G[uJAs\+
ts,,s 3\ &*2
4.t\* SaU^- € E",B
+vt, \_,/. -l--d.u,'{i.J
f\ Y Rolqo
hir*eB c ]fe
G6
'R.-J.
r4.
,4(-t
y't_,
948
\9,k- [lc r, -rc I -(i r'rtt ( .
%/1r
".t,_ , ,17.
18.
19.
20.
21,.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
N,
O\,u'tc,
b
€fA I \3d -'r [n )ut{ '
I /i-7;" i. /, l, )
ch 6^1"
,9
34.(fi"r.H
/)"/9""/
35.a*.-#-%;
949
-S/*Stu//r'
€/";b l/etruucff
1* ./^, ,'-e
42.
43.
44.J a rt)
'r-:,on/45.
46.
48.
49.
50.
51.
52.
53.
54.
Sr^*,+
.lL
wq{o \*7fr
950
5*srt'r
Please provide your name, business or employers name, address and zip code:
ITIULI.
i *Et lj*4 &-**
tir.r/ fr'(.'
eh h\iL
?"
nfrwX-
ITVP
'' ir1 tJ f.
"rtp-l{am
951
s fl-s
^f/p'
l*1
331 3\
i1&o Ratt'*tet
{t(LO }0r,1 , )13.,1
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
952
5:15tlr*
Please provide your name, business or employers name, address and zip code:
953
3rls 'rd
Please provide your name, business or employers name, address and zip code:
--J css C4jetY-i 1n\ or Purdq c.u€
1-tict.ni-F to n do-1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
L4,
15.
16.
0r
(\
€---,f/y
Bq,
(\
3t31
(\\\
Vlc
vJa
'or^01?'.,*,,,.
J3 k t'.i,q- Jttx S\
lQrQ Qu
fi,\a"-,-
)qz ,Yrc*^ t"''a1 fl21
) 1 tr(t
33
954
S il-Stul1r ,$
DY (rL,
^X" ?'oo
I qL<t bd-.
,P0
&ca< c?"ti nn \zro Pierc.gy-,
955
Szls
ry4"
7.
2.
3.
S.
-s. ,lJ S
9"
rhts drs c srs)
77.
72.
27.
22
2
24.
25.
956
LorrS(..o1)
sign the petition ond include your nome, oddress ond zip code
1/ot/2 - / -]r^ llot gt\ffi tlrkima\*70b
!fuo,frtn
0
0
0
0
6 -s -, ()'P
frb
33 t?l
7
o
a
{qo+
, Dl\ e/ rz07
qn- #Tef4t
al
,.ret]<'nnr,,O 6Ator{D l}ot tOL
o s.A -a dDi?.,$ (\ai Anh t>il Lo b
l ob
,r.c hoio tft€fularp ZgXur &ruo
r;|3q
J'-^ J- (* 6n (.
a\io 0dnon
957
W5(ccp\)
Please sign address
St/"
and include your ndme,
Moa Qu
1a0
ond zip code
(-\)Ca
r 27.
a._
43.
()e rnp I c 1e . */bcrr r+- s \
(csi0e^.rc*s
958
SLTNSET HARBOUR NEIGHBORHOOD
C-PASS PETITION SUMMARY (RESIDENCE)
a. Townhomes at Sunset Harbour, 1413 Sunset Harbour Drive, Miami Beach, Fla. 33139.
50 residential units / 26 signatures (52%)
b. Sunset Harbour North Condominiums, 1900 Sunset Harbour Drive, Miami Beach, Fla. 33139.
217 residential units / 117 signatures (54%)
c. Sunset Harbour South Condominiums, 1800 Surset Harbour Drive, Miami Beach, Fla. 33139.
209 residential units / l2l signatures (58 %)
d. The Lofts at South Beach, 1701 Sunset Harbour Drive, Miami Beach, Florida 33139.
24 residential units / l2 signatures (50%)
Combined residential units (500) 1276 signattxes (55%)
959
Sunset Harbour Community
ADDENDUM
Venetian CPASS/SUNPASS
August 18,2014
Sunset Harbour Community ACTION:
o Please sign the petition for the Miami Beach Commissioners to recommend the Miami Dade
commission approve the Sunset Harbour community as part of the Venetian Property owners.r lf approved the Sunset Harbour properry- owners will only pay $24.00 per year using the
SUNPASS at no additional cost.. Current C-PASS (cost of $90.00) for non-Venetian residents has been eliminated.. Employees of causeway residents are eligible for a $90.00 C-pass.. Only property owners ofthe Venetian lsland have the reduced rate of $24.00 per year.. The C-PASS device becomes obsolete with the implementatiorr of the SUNPASS.
SUNSET HARBOUR IS ON THE VENETIAII WAY & WATER OF THE VENETIAN ISLANDS
PLEASE SIGN TITE PETITION
TO BE PART OF THE VENETIAN ISLAND S24.OO PER YEAR REDUCED TOLL RATE
EXPLANATION OF C-PASS COST AND VENETIAII TOLL PLAZA:
l. Property owners on the Venetian Isles: $24.00 per year2. People that rent on the Venetian properties: $90.00 per year3. Commuters that work on the Venetian properties: $90.00 p". y"a.4. All Miami Beach residents not living on the Venetian Isles: $1.75 per tolt 1no discount)5. If you do not have a SUNPASS device: $2.25 ioll by plate per toll +
$2.50 monthly admin fee
Current VENETIAI{ CPASS devices:
o The devices will become obsolete once the SLTNPASS system is installed (estimated September).o There will be no toll collectors in the booth. SLhJPASS lanes with transponders and cameras.o The Venetian property owners that have an account with C-PASS will be autornatically
linked to a SUNPASS account.
' The Venetian proPerty owners will only pay the $24.00 per year from their C-pASS account andNo roLLS will be charge when they go thru the vENETIAN TOLL BoorH.
Any questions please call 305-53&8825 saradelosrcyes(a)hotmail.conr or 305-299-38a9 chofrf;.hof ,
960
A PETITION PROTESTING MIAMI DADE COLINTY'S IMPLEMENTING ORDER
PREVENTING SUNSET HARBOUR RESIDENTS FROM PURCHASING "AN ANNUAL
COMMUTER PLAN" (C-PASS) TO CROSS OVER THE VENETIAN CAUSEWAY ON AN
LINLIMITED BASIS AND REPLACING THE C-PASS WITH A PER USE SUNPASS.
The "annual commuter plan" or C-Pass allou,ed Miami Beach residents to cross the Venetian
causeway and pass through the toll plaza without paying a per use fee. The C-Pass was offered to
Venetian causeway residents for $25.00 and off-causeway residents for $90.00. 1'his system
operated to the benefit of all resident.s of Sunset Harbour and Miami Beach until this year.
The Sunset Harbour neighborhood is situated between the Venetia Way (south) & 20 Street
(north). and Biscayne Bay (west) & Alton Road (east). Further, south of our building. but east of
the neighborhood lTth street merges with Dade Boulevard to become Venetian Way. The
Venetian Way intersects with Sunset Harbour drive / Purdy Avenue. f'he Venetian Way is the
beginning of the causeway. Sunset Harbour North Condominium is on Sunset Harbour drivc, just
.2 miles offvenetia way, and 2.3 miles from the venetian causeway toll plaza.
On March 27, 2074, Michacl Bauman, Chief, Causcways Division, Public Work Wastc
Management Dept., Miami-Dade County. notified plan commuters beginning April 1,2014, only
Venetian Causeway residents or employees on the Venetian islands will be able to purchase the
commuter plan (C-Pass) when plans expire April 30, 2014. Accordingly. non-resident employees
of cattseway residents, i.e., landscapers. painters, construction workers, domcstic service-
employees are eligible to purchase a C-Pass. They will have access to this plan and its benefits,
which we as Sunset Harbour residents no longer enjoy. We will soon be charged a per use fee,
using the Sunpass, if we want to use the causeway to enter Miami or return to Miami Beach.
This policy change will greatly impact Sunset Harbor residents and Miami or Miami Beach
business owners who rely on each other's residents for business. Sunset Harbour residents must
decide whether they want to drive into Miami using this causeway and charged a fee, in orcler to
shop or attend events at AA Atena, Performing Art Center, Biscayne Boulevard shops or
Bayside. Further, this toll causeway is the most direct ac:cess point for Sunset Harbour residents
to I-95,836, or USl. Traveling from Sunset Harbour to I-95. using 195 (Julia Tutrle) is 6.3
miles. 395 (McArthur) is 5.7 miles vs the venetian causeway, which is 3.9 miles.
Miami Beach and Sunset Harbour residents were not afforded the opportunity to raise these
concerns or voice their objections to this significant change. Restricting our access to this annual
commuter plan (C-Pass) will efl'ectively impose a tax on Miami Beach residents who regularly
use this causeway to travel to Miami. I-95 or 836. The undersigned residents of the Sunset
Harbour neighborhood wish to be heard "loud and clear" objecting to the loss of this annual
commuter plan (C-Pass).
961
b*t*uk
The following narnes sqpport this petition. please ptovide your nanre, ad.dress and zip code in the
space provided below:
h*,,u;'A z)t3f
tg /s - >a ttrr,r, /luar*^ Be-/' 33rs1
Al{l lll|-2o st #s11gge*'o.a)-oll'c< ap,FL 33'31\'l#*,,,
@siowzr
$1?"'i
3.
4.
5.
6.
7.
8.
s
10.
11.
t2.
13.
14.
15.
16.
17.
18.
--o )- O.tr' lLtl3 St:^*v )r:Ar':,P hb j'3tyi t\1
?f-"nirr, Cr-rjEr/Elp r4ta zofi ururr+ loi tqt:>tl1
o s'T uu,fu i05 Hrl 3 i3?
o{o '*^qA-,<A /"/ tS zitTh' u-;z i.t }
i^,n u
B r'!o,.,, G t: ,.s I t ts ao$ st + l.G ,d ;Jii;(0,"t ll il p{(L {Ll t s- ,1..r {r 1o r n ii tilrct(a,v't ll il p<C E_. {tl i \l ,b {r 1o t n ii i i
_il1nntn tortwsn nn;ru-J, {.903 sp33t3g
: (10
B 33t3o1
q
,u, r/ aO3l
. t\t, 1ro-5l.
L r.rn {P .Is
,6,.,.r, / i/
962
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
,-L.rt
/*-"s,rJie^Jt \
-G.-.r Hs rn<-!
13 J,--<" 1 l-1---' h- D #'/ / I
,5 S,att<-f {o"6o* 0' #;6it
tLi 15 5qn5( f H ". b,u. Dc # a" L
,i
,Qf,Ptl*$Vfour lS7- # e o 7
aeJ L,Je,yrfercL,l\{5 Sf .+t lo{
Not il uJeinreicl tt ts a-o'+ t toI
7" 27'S-('a
ftn'le+ tl I 5 Z oi7
963
-:!JSei- tst itb(,t- 2
U<-.:,*h Cc....f.
The following names support this petition. Please provide your name, address and zip code in the
space provided below:
otLD/ *ur R 8o 3 %pl
(o( 3?ttcl
(a 77t77.
z(L 33 tzl
7e Que 4 ,,g_ 3j ta1
; h et6s ?s t31
'No-.z4o 7?O1
{roo ",r$y AVE +-tz(Z 3313 1
I 1, o / r,-,1 mr*il /f#r,?,
rll 4vE #T t7 ii 33 i3r'
Y-+Jf'''q:t-fnJ t- ft n . tfiiy{) truS r g ,: r ir: Cz4 /\-/ ct
ur$r"tlos P.ltn,
0u*y ftu*'
?oo "q!y 4/<# /07
pN Pu b*. # U4 3Jm
ifu. r,1tl * a,..\
# rtoolis ir 3i,,
lo(*
3s tJq
1.o.,.^ro^^/40'l-^ r r,:t','p.,. r, Aro . tttrr s3rt d
rue +r?o3t3sY1
964
DH \J L-
k*o )c 42,o3 sst37
r. #rq[ 33r.77
l{ oo {ur /yr tJ.tog 3)131
'k-#24c3 3 s tsp
-c,^- 17a.) fuonn/ (".{tu- { 5...3
tl oo fqrl hve # oa? BsleT
ll oa 0v*+/33rl r
tgotC Pord
l'to o '?..rr
t+ 33.,3j
a9 VZt4,
ifr-33/3/
J
/800
t rel t7
33 )il.
fTart rtlt, FLevr4
V nanhou rlq *LqO+ ji (33
Lztwt D lr+\Boa Tgtsl
Dr#w v3t?1
tqw fr*xr/f&rraa frtuJ al Et, PL
'@-.8,*,r4 ,{..U".(k #/o{ 3it3?'
UZU y'ion' 6,*J €/ 3'q
34.
3s.
36.
37.
38.
l4oc,
'ctr\or.- 84 rnE&rifu,
965
39.
40.
S $+
^JC
I 4oo 6..r-,r3cy q.erz-r=(5Q^
c,\rw ff.r S FL 37/3 7
#3 tO7 r/.8<ae/..- "7 / g 7
frtiarut( k*a6rlitg
$
u,
\h,/W f I c'oL rn ' r( z ach D t- 33 t3 1
ArU, HrQq,(a,t
D, *t^, N,-.,,84
4t.
42.
43.
44.
45.
46.
47.
48. 'r
49.
50.
L4ot)
l,Qep ,,--F"\s\6s1 \u{1,.$o'>r(1
7q n6sF"
/leo L,r/ /"/ra< fle znt)y
A7t*r goffitni *ead,
?.e ,qe 33r 3?
/yll */a EA t s? .
#tYil ,<ssy.F>
4.1( I<-SZ5,I
19Ocr 5 [lJ.- $^+9fr r\B slrrg
Qt*'r?a5-P,st r/4 ".bZ,u 33t37'csa fi
t1b pnd.I fiu. Xlo+
(((6
b3t317;;i 4,h4 o/fuLl l/ svirT
966
St+rJC
C*,Ac,enroilT
59.
60.
61.
62.
63.
64.
6s.
66.
67.
68.
69.
70.
71.
*i two rl ian) Bc*l t:t
33t3f9u/?oo P,),AC 1<;'^"'l*"*L '>/L?
Avc *r't€,?ir,rt
leip+ 37ry'r
//r/ * Zoa ?
t7!@N/
l,- 4*eo> Zjfip.
ss45 ? -
3t(3q
t{fl 0 5q^
^Q ocs
72.
73.
74.
75.
76.
77.
78.
/aa,tl
rbo r td z-3\ar 33 r)1'k- #t{06 errJt
3lrs1
+tct ss(q
(oo rv*.rtrl $aB o$. 4 tlos 7it1 1
llaa 7 /< sl
3ry/.q
ru3t )
rqCIc ?*<da /l,t* Anloo ,ll' ,?ryln
4*, &^br 11* ?^J@*.. fu..*Q-, %,s rrr3 I
,33t31Uutto6ig n@ {t3 ttq*// &44/tfl94
,Alit{ 6 //oo (u A"L# tffi rn"r*.fu'.oC- fu33t31
t E t'1"1 Ai,^mt Btn\ FL'lllTtEr (ofi.ta /4oo P"i
967
d?,;din' [J,,
l J)s?
M^"h* 0o n8 33t31
/10 c
rl;Y).,G-$
I:gl(*b'-, /-\K(L
[(
n- b,#O-W1nt1
,M rqoa lntani @!
it q tfr/r?t'fr7 6fPc77
'" #/g, { -- rVry(_ge+cl.
rra M$f$ ,tukt{^
brrr"l4 , e,-,,3397
t^\o,
; t1B. Fu. s.3l!1
-)
\,t",*/?oo 5u"."*ta,&r-*- * 2{t/
4q /fup {**./ k-{-"* gzVrf
/; {l*,s-)lqu Srn,eJ #.1-r4ttY
\1oo 9,rtra H.re fr'lto
L 7oo furltlA(cl/?4f S
/9co
/?oa Slt t,
.{L5,
1f " /,*l-* *a-^,r"*tfoo Sr^xd ,44,^b
968
ioo'9.
106.
rd,
102;
1ry.
rS
roh
ro7.
r@
1ry.
'flu-n., t e*n o /qiu ?u,spy q*E-
-l
',*r^,
,t /o,O/
pftD€
SH LJC-
3s7s>
rsiS)
3 S/s,>
s3t53
13/ zt'1
t;e1",;rkJ,Pol|(p' dP4 I '2,'31 31
--\.po,\ l(r.<-,.- \qcofur-&rl-\*-H ttot 36tS<
&r Mkf no>?,.a"tue ?+t -b,33Bq
T" rnueEutrZ /foo PuzoY H7/oJ-,
ilo
t€9.
tt6.
rrA
tw
rr*
/w'firy4d'I'
/.
e^daJ..)
S' trZ c:C 7 41 OA Dui?if rl*u:
#1(%
+ gos
{-rAuf+: 4"r***9,4 Mo, f"ur, ** #.P*t
3:r3l
1 , mA€GAp€T Ptrn-tv
s..J,* . . C*---rJ. \qCC, s*-.^d k-^k*. J^,.^ t_7of
r rf br- .i.,e troJ
rr& 5tJi" WravrY 3*-t:{,,. k- a3to ?tsr!1
37tv3
,Y,
w(
I 18.
969
S/J.9 /v-v.-
The following names support this petitioa. Please provide yorr name. address and zip code in the
space provided below:
9*r {zz id ,Sxz S* /?oa s# r
# /4oo 5,4 s <
+leo);1-{*
LEop.trto L. t E natL r fl oT
\ r c$ ca th ov,to'*q
,e[[q- Cr"nnltu/*
3rr.rr.A;1-f
;
tr r?01
ffzt. t
z,/ /o
bt-t^rl, ?i Zos-7
970
5l*Sn*.,u,
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
31.
32.
33.
34.
35.
36.
37.
38.
Jash lilo I
971
9+Zsos
ff /c,1/
5Hs #rz1 t
.fi/s t'r^,ro
r s. #. -r a4.zo r39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
ICt u-
Dr*tt a ff*.u%er, u -r. u"s . E-za-o s/7,i ry^il,u,.[ ,rtt ,tot
#y d3{ # r+43
s#
tf
51.
s2.
53.
54.
55.
56.
57.
58.
srl{ 4/tr-
5r+p 4 lzt-L
972
,11C3
?+l .
r +l{
)lz
7cr.
f spdg ,a BeNa;t *1r7-
H CJ,
4ts
#zD/D
qol
7a(
t5A I
t^n-ZraLl a-3oc
l)-D b
3i4Srztttt<t
1
i'\ SqO t
22 o z- -ur'a1- h'^''e *'"e
973
1't4a t'ztt "r,tt
79.
80.
81.
82.
83.
84.
8s.
86.
87.
88.
89.
90.
91.
92.
93.
94.
95.
96.
97.
98.
tL .tt c
+-il to
974
s'As
oWU
The following nsmcs support this petition. Pleasc provide your name, address aad zip codc in the
space provided bclow:
l.
2.
3.
4.
5.
6.
7.
8.
9.
t0.
I l.
t2.
13.
14.
15.
15.
17.
r8.
33tt6 Stzrrn b"t,
R,,"U S, A , zo 3
?.*<t Walcq t(t5
,+.t' T rrrr
4,,e Frrty Nlwn,.fuq
S-'.1*_13
6 t uo' L5 L l$ilt
(hJ,o..rr C hgz q-'"4 r5\5
975
Pleose sign the petition and include your nome & Apt. number.
5.
6.
7.
Z:/a=10.
77.
72.
013.
74.L,h
75.
Sunset Horbour South Unit Owners
Ao
76.
77.
78.
20.
21
22.
23.
976
Aug 22 14 12:11p p.3SB
o-ar'*r'
Pleose sign the petition and include your name, dddress ond zip code
I f3 ur..rta{w
'l [(ut s tgr- f"
f,*,N6,A,
9-
,J.-__
7G
977
3+1>
Pleose sign petition ond include your nome, address and zip code
00
7trc
2)
l00J
ISDE
'7
-/"-fJz2t--,? 5a
3ot
72.
1
1
75.
27.
22.
23.
25.
978
sign the petition and include your nome, oddress and zip code
vatl -L -)o-,ar -.n- - lJot^71vgir,r@ltw-.
0
0
0
a\
c
o
0
(4
J+a. J- ln (n (.0o
7ol St)
ot tutvttr(
8o, s, o
46 s u, /;^ P
lr* t
{{o+
$l\ d z,o7
u( #7€r4t
ol#38
{+7do
ful ,fr{n
i+ /tfu.,**<L
2rA lJ5
LoffS
OG/ rr.c Lesio t6u€&{Arp ZL{Xw F
33q
33t?f
r/
;t<- /o t
to\&-toI
o ,.re rJ lfnur0 6€.r oni) I }o] t06
t'r.At :'n ^ruiea rk,n Lo G
, r ou
-<:-1r-1",t/ ) 7i ii/./'I
/ r.s r.0*r", ce (9 €mplc\€R / norrrres\
v-L
979
W;
Please sign and include your name, address ond zip code
Ct+,a Moa A,Srd" 5
:r4.
!r8.
980
R9 - New Business and Commission Requests
RgP Discussion Of The Schedule Of User Fees For The City's Golf Courses.
(Parks & Recreation)
(ltem submitted in a separate "Budget Related ltems" book)
Aoenda ltem Rq PDate--W/981
THIS PAGE INTENTIONALLY LEFT BLANK
982
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
coMMrssloN MEMORANDUM
To: Mayor Philip Levine and Members of the City Cfmmission
FROM: Jimmy L. Morales, City Manager f---a:;
DATE: September 10,2014 I 1
I
SUBJECT: A DISCUSSTON REGARDING A REQUEST FOR VACATION OF A CITY RIGHT OF
WAY, LOCATED AT THE WESTERLY END OF WEST 59TH STREET, TO AMBASSA
HOLDINGS, INC. C/O CHRISTIAN BERDOURE, IN EXCHANGE FOR A
SOUTHERLY PORTION OF THE ADJACENT LOT 25.
BACKGROUND
West 59th Street End (located westerly of North Bay Road) is a S0-foot wide City owned right of
way (ROW), per the Recorded Subdivision Plat of La Gorce-Golf Subdivision, dated April 8,
1925 by Miami Beach Bay Shore Co..
On said Subdivision PIat, westerly of and adjacent to the westerly end of West 59th Street, there
is an unnumbered parcel shown, approximately 30 feet by 50 feet. Mr. Robert J. Schidler is
listed as a previous owner of the unnumbered parcel, as well as previous owner of the southerly
and adjacent Lot 25 (the unnumbered parcel is subject to a utility easement from subdivision
developer Miami Beach Bay Shore Co., to the City of Miami Beach, dated June 29, 1925).
At its December 18, 1991 meeting, the City Commission approved Resolution No.91-20423,
granting Mr. Schindler a revocable permit to construct a wrought iron fence and automatic gate,
across the City owned West 59th Street ROW.
Ambassa Holdings, lnc. c/o Christian Berdoure, current owner of said parcels, is requesting that
the City vacate its ROW, located at the westerly end of West 59th Street (ATTACHMENT A), in
exchange for a Southerly Portion of Lot 25. The property owner will compensate the City for the
differential cost and the cost of relocating the stormwater outfall.
Pursuant to the City's existing administrative policies and procedures to consider the vacation of
the City streets, alleys, and/or rights-of-way, which also require compliance with Article ll,
Sections 82-36 through 82-40 of the City Code (which establish procedures governing the sale
or lease of public property), in addition to the previously mentioned application, prior to
considering a request for vacation, the following requirements must be satisfied:
1) The title of the Resolution approving the proposed vacation shall be heard by the City
Commission on two separate meeting dates, with the second reading to be accompanied by
a duly noticed public hearing, in order to obtain citizen input into the proposed vacation;
Asenda ttem - R?A-
Date Q-/0'/?983
Com mission Me mora ndu m -59th Sfreef
Page 2 of 2
2) The proposed vacation shall be transmitted to the Finance and Citywide Projects Committee
for its review;
3) ln order for the City Commission and the public to be fully appraised of all conditions relating
to the proposed vacation, the City's Planning Department shall prepare a written planning
analysis, to be submitted to the City Commission concurrent with its consideration of the
proposed vacation; and
4) The City shall obtain an independent appraisal of the fair market value of the property
proposed to be vacated.
On June 20,2014, the City's Public Works Department obtained an independent appraisal from
Lee H. Waronker, MAl, SRA (ATTACHMENT B) of the fair market value of the proposed parcel
to be vacated.
Although the City's procedures for the lease of sale or sale of public property also require an
advertised public bidding process, the requirement may also be waived by 5l7th vote of the City
Commission; in this case, and due to the nature of the law pertaining to the vacation of rights-of-
way, the City Administration recommends that the Mayor and City Commission waive the
competitive bidding requirement, finding that the public interest is served by waiving such
conditions.
The vacation of this City ROW serves a public purpose, by providing direct access to the water
as the current ROW stops 30 feet short of waters' edge.
GONCLUSION
The following is presented to the members of the City Commission for discussion and further
direction.
Attachment: A. Sketch of proposed vacation.
fi,1 B. West 58th and West 59th Streets appraisal
JLM/WiBAM/BB
T:\AGENDA\201 4\Septembe^Public Works\Discussion - West 59th Street.docx
984
mx-
@
=t
Ala
'l -{;mn
Fz
SAv RoAD
l,lPP;i
.t:
;]
3l=:
1-
6l;
v - tuauqlenv
985
lntraducllon
Attachment - B
Lqvtl b'ala&tioz, JSt10,N 8ay frosrJ, Miami Beach, il.33t'/,{l
Address (n:rain psrcel):
Type of lJse:
Zoning:
Flood l-one:
I"and Area:
lVlain Parcel
South Tract
North Tract
Value by Ctisl Approach:
Value by Income Capitalization Approach:
Value by $ales Comparison Approach:
Main Parcel
South Tract
North Tract
Value $stimates:
Main Parcel
$outh Tract
North Tract
Date of Valuation:
Date of Report:
Summary of Pertinent Dats
Along the west sid* *f North Bay Road, between
West 58th and West 59th Streets, Miami Beach,
Miami-Dade FL
5&60 North Bsy Rosd
Miami Beach. FL, 33154
Single- f'ami [y residential land
R$-2, Single Family Residence District by the
city of Miami Beach, FL
AE {Mnp }2086CS309L)
24,4?,5 sq.fi.
5,8?0 sq.ft.*
10,?15 sq. 11.*
Not applicaLrle
Not applic*ble
$9.800,000 ($400 per sq. ft.)
$2,350,000 ($400 per sq. ft.)
52"550.000 {$250 per sq. ft.;
$9,800,000 ($400 per sq. ft.)
$3,350,000 ($400 per sq. ft,)
$z,sss,ooo isz:ob;;il. l;.i t*f$,@ 8*e-f4
lr 53&ro.**
***-"*:;*@
May 31,2014
.lune 20.2014
*Estimated by the appraisers based on messur$msnts pri:vided in droft site plan
Waronker & Rosen, Inc. * Real Extat* ;lpprrrircrr & Corsnlranrs Pngr II
986
Appraisal Report
Prepared for
Mr. Bruce A. Mowry, Ph.D., P.E.
City Engineer, Public Works Department
City of Miami Beach
Property Appraised
Valuation for Potential Land Swap
5860 North Bay Road
Miami Beach, FL 33154
Client File # 024445
Date of Valuation
May 31,2014
Prepared by
Waronker & Rosen, Inc.
5730 SW 74th Street, Suite 200
South Miami, Florida 33143
LEE H. WARONKER, MAI, SRA
CARLOS A. DIEZ, APPRAISER
File # 7766
987
Waronker &Rosen, Inc.
Real Estate Appraisers and Consultants
Lee H. Waronker, MAI, SRA Phone: (305) 665-8890 / Fax: (305) 665-5188 Josh L. Rosen, MAI
lee@waronkerandrosen.com www.waronkerandrosen.com josh@waronkerandrosen.com
June 20,2014
Miami-Dade County Offi ce
5730 SW 74th Street, Suite 200
South Miami, Florida 33143
P.E.
Department
4th Floor
Broward / Palm Beach County Office
10242 NW 47th Street, Suite 40
Sunrise, Florida 3335 I
Mr. Bruce A. Mowry, Ph.D.,
City Engineer, Public Works
City of Miami Beach
1700 Convention Ctr Drive,
MiamiBeach, FL 33139
Re: Valuation for Potential Land Swap
5860 North Bay Road
Miami Beach, FL 33154
WRI File No. 7766
Client File No. 024445
Dear Mr. Mowry:
We have prepared an appraisal report of the above referenced property for the purpose of
estimating the market value of the main parcel (5820 North Bay Road), the across the fence
value of the "south tract" (contained within the main parcel) and the across the fence value of the
"north tract" (adjacent to the main parcel), as of May 31,2014. The across the fence value of
each tract is based on an estimate of the market value of the fee simple interest of the main parcel
as though vacant, and considers any appropriate adjustments. The location of the north and south
tracts, and the terms market value, across the fence value and fee simple interest, are defined in
the pages of this report. This report has been prepared based on the scope of work which is
detailed on a following page. The reader of the appraisal is strongly advised to read the scope of
work so as to understand the scope of this appraisal.
This report is intended for use only by the client and intended users as noted herein. No
additional intended users are identified or intended. Use of this report by others is not intended
by the appraiser. No one else, or any other entities, should rely on this appraisal other than those
noted herein.
The main parcel is located along the west side of North Bay Road, between West 58th and West
59th Streets, Miami Beach, Miami-Dade County, FL. Zoning on these sites is RS-2, Single
Family Residence District by the city of Miami Beach, FL.
Waronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page I
988
Mr. Bruce A. Mowry, Ph.D., P.E., City Engineer
City of Miami Beach
Public Works
June 20, 2014
In order to prepare the analysis, we were supplied with a draft of a site plan indicating the
location of the main parcel and the north and south tracts. It should be noted that the aerial
photograph in the Miami-Dade County Property Appraiser's records indicate a parcel outline for
the main parcel (5860 North Bay Road) that does not correspond to the legal description in the
most recent recorded deed, and based on measurements taken from the aerial photograph indicate
a lot size larger than the 24,425 sq. ft. indicated in the Miami-Dade County records. No survey
was provided. For purposes of the analysis, the lot size indicated in the County records (24,425
sq. ft.) is used in the analysis. The sizes for the north and south tracts have been calculated based
upon the draft site plan provided. Any deviation from the assumptions or the draft site plan
used herein would likely result in a change in the value conclusion.
The south tract consists of a 5,870 sq. ft. portion of the main parcel extending along the
southwest property line from North Bay Road to the water's edge. The north tract consists of a
City-owned parcel adjacent to the main parcel extending along the northeast property line from
North Bay Road to a point approximately 30 feet from the water's edge. The City has
underground water/sewer facilities on the north tract. The owner of the main parcel has proposed
to the City of Miami Beach to swap the south tract in exchange for the north tract.
This valuation is based on an across the fence methodology, in which the value estimates for the
north and south tracts are based on the market value of the fee simple interest of main parcel as
though vacant. This method has been used as neither tract (north or south) would be a buildable
site by itself. Based on this approach, the valuation of the north and south tracts is based on the
market value of the main parcel with appropriate adjustments for location, but without
consideration of any loss in value due to the construction of water/sewer facilities by the City
above or below ground on the land being swapped. It also does not consider any change in the
market value per sq. ft. of the main parcel occurring as a result of the proposed land swap (as a
result of any advantages gained or lost). In the valuation of the south tract, which is contained
within the main parcel and contains both street frontage and water frontage, no adjustments are
indicated. in the valuation of the north tract, which is adjacent to the main parcel along the north
side but lacks water frontage, an adjustment was considered in recognition of the tract's non-
waterfront location.
It should be noted thatthis valuation does not consider the net impact of the proposed land swap
on the market value of the main parcel. As a result of the land swap, the main parcelwould gain
a more desirable shape, a slight improvement in the quality of its water views, and an increase in
size, but it would lose a small portion of its water frontage. The net impact of these factors is
likely to be neutral to slightly positive, and could potentially affect the values of the north and
south tracts to the owner of the main parcel, but the influence of these factors was not considered
in the valuation, which was based on the across the fence value.
Vl/aronker & Rosen, Inc. .? Real Estate Appraisers & Consultants Page 2
989
Mr. Bruce A. Mowry, Ph.D.,
City of Miami Beach
Public Works
June20,20l4
P.E., City Engineer
As a result of our investigation, the across the fence value of the south tract, as of May 31,2014,
is estimated at:
TWO MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS
($2,350,000)
As aresult of our investigation, the across the fence value of the north tract, as of May 31,2014,
is estimated at:
TWO MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS
($2,350,000)
Following the table of contents is the scope of work and the certification. The reader is advised
to review the assumptions and conditions which follow the certification to understand the
limitations applicable to this appraisal.
Very truly yours,
d-*#.DJ -
Lee H. Waronker, MAI, SRA
State-Certified General Real Estate Appraiser
License No. R.Z162
State-Certified General Real Estate Appraiser
License No. R23420
yl/uronker & Rosen, Inc. €. Real Eslate Appraisers & Consultants Page 3
990
Table of Contents
Title Page
Letter of Transmittal
Table of Contents
Scope of Work
Certification
General Assumptions and Limiting Conditions
INTRODUCTION
Summary of Pertinent Data
Miami-Dade County Map
Plat Map
Aerial Photograph
Subject Photographs
Appraiser Qualifi cations
DESCRIPTION & ANALYSES
Purpose of the Appraisal
Client, Intended User and Use of the Appraisal
Definition of Across the Fence Value
Definition of Real Properfy Interest Appraised
Definition of Market Value
Location and Address
Legal Description
Owner of Record
History of the Subject Property
Site Data
Zoning
Flood Zone
Real Estate Assessment and Taxes
Description of the Site Improvements
Neighborhood Overview
Supply and Demand
Exposure Time
Typical Purchaser ofthe Subject
Highest and Best Use
Appraisal Process
Cost Approach
Income Capitalization Approach
Sales Comparison Approach
Reconciliation of Value
ADDENDA
Addendum A - County Area Description
Addendum B - Legal Description
1
4
5
6
8
10
l1
t2
13
l5
t6
19
/.J
24
24
24
24
25
26
26
26
26
27
27
2',7
28
29
30
31
5J
34
35
36
37
38
39
63
Waronker & Rosen, Inc. €, Real Estate Appraisers & Consultants Page 4
991
Scope of Work
The appraisal problem herein is to estimate the value of the south tract and the north tract. The
methodology used is to estimate the across the fence value of each tract based on the market
value of the fee simple interest in the main parcel land as though vacant. The market value
estimate employs the sales comparison approach to estimate market value of the main parcel
based on analysis of comparable sales. Forthe across the fence value estimate of the southtract,
no adjustment to the market value indication of the main parcel is indicated because the south
tract is contained within the main parcel and is representative of the main parcel because it
contains both street frontage and water frontage. For the across the fence value estimate of the
north tract, an adjustment is required for location because the north tract lacks water frontage. In
order to estimate the magnitude of this adjustment, additional sales of waterfront and non-
waterfront sites were considered in the analysis.
All appraisals begin by identifying the appraisal problem. Data on the subject property can be
derived from various sources including but not limited to, the property owner, the county
property appraiser's office, recorded plats and surveys. When possible, rnore than one source is
utilized to confirm data and the data sources are acknowledged. Land size is based on surveys
(when available), public records and recorded plats. Land measurements are not performed.
Valued herein is vacant land which can be valued by the following methods:
1. Sales Comparison Approach
2. Market Extraction
3. Allocation
4. Land Residual
5. Ground Rent Capitalization
6. Subdivision Analysis
The sales comparison approach was used herein and was considered the most applicable method
in the valuation of the main parcel. A search was performed for the sale of properties considered
comparable to the subject property. Research of comparable sales and market data include, but is
not limited to using the following data sources:
CoStar
Imapp
Newspaper clippings
Board of Realtors'Multiple Listing Service
Tri County Clippings Services (FREDI)
National Multiple Listing Service
Loopnet.com
Comparable sales are inspected and the transactional information is reported. Sale prices are
from public records and are typically confirmed with a party to the transaction, i.e. buyer, seller,
real estate agent, or closing attorney. All information is analyzed in processing the appraisal
report and as support for the estimated value. The scope of work for this assignment has been
described above and is to be typical for an assignment of the nature of the subject appraisal
problem.
ll/aronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page 5
992
Certification
The undersigned does hereby certify that, to the best of my knowledge and belief:
1 . The statements of fact contained in this report are true and correct.
2. The reported analyses, opinions, and conclusions are limited only by the reported
assumplions and limiting conditions and are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
3. I have no present or prospective interest in the property that is the subject of this report
and no personal interest with respect to the parties involved.
4. I have no bias with respect to the property that is the subject of this report or to the parties
involved with this assignment.
5. My engagement in this assignment was not contingent upon developing or reporting
predetermined results.
6. My compensation for completing this assignment is not contingent upon the development
or reporting of a predetermined value or direction in value that favors the cause of the
client, the amount of the value opinion, the attainment of a stipulated result, or the
occurrence ofa subsequent event directly related to the intended use ofthis appraisal.
7. My analyses, opinions and conclusions were developed, and this report has been prepared,
in conformity with the following requirements.
. Uniform Standards of Professional Appraisal Practice (USPAP)
. The Code of Professional Ethics and Standards of Professional Practice of the
Appraisal Institute. The State of Florida requirements for state-certified appraisers
8. I have complied with the USPAP Competency Rule.
9. This appraisal report sets forth all of the limiting conditions imposed by the terms of this
assignment or by the undersigned affecting the analyses, opinions and conclusions
contained in this report.
10. No one provided significant real property appraisal assistance to the person signing this
certification.
1 l. The use of this report is subject to the requirements of the Appraisal Institute relating to
review by its duly authorized representatives. Additionally, it is subject to review by the
state of Florida relating to review by the real estate appraisal subcommittee of the Florida
Real Estate Comrnisston.
As of the date of this report Lee H. Waronker, MAI, SRA, has completed the continuing
education program of the Appraisal Institute.
I, Lee H. Waronker, MAI, SRA, have made a personal inspection of the property that is
the subject ofthis report.
14. I, Carlos Diez have made a personal inspection of the property that is the subject of this
report.
12.
13.
Vl/aronker & Rosen, Inc. t Real Euate Appraisers & Consultants Page 6
993
15.
16.
Acknowledgement is given to Josh L. Rosen, MAI, in the review of this report.
Neither the undersigned, nor Waronker & Rosen, lnc. have performed any valuation or
professional services involving the subject property in any capacity, nor have we been
involved with the management, leasing, disposition, nor any similar service regarding the
subject property in the past three years.
State-Certified General Real Estate Appraiser
License No. R.Z162
State-Certified General Real Estate Appraiser
License No. R23420
Date of Report June 20.2014
Lee H. Waronker, MAI, SRA
Carlos Diez
Waronker & Rosen, Inc. & Real Estate Appraisers & Consultanls Page 7
994
General Assumptions and Limiting Conditions
This appraisal report has been made with the following general assumptions:
1. No responsibility is assumed for the legal description or for matters pertaining to legal or
title considerations. Title to the property is assumed to be good and marketable unless
otherwise stated.
2. The property is appraised free and clear of any or all liens or encumbrances unless
otherwise stated.
3. Responsible ownership and competent property management are assumed.
4. The information furnished by others is believed to be reliable but, no warranty is given
for its accuracy.
5. All engineering studies are assumed to be correct. Any plot plans or illustrative material
in this report are included only to help the reader visualize the property.
6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or
structures that render it rnore or less valuable. No responsibility is assumed for such
conditions or for obtaining the engineering that may be required to discover them. The
values estimated herein are subject to typical inspections such as roof, structural, and
termite, if applicable.
7. It is assumed that the property is in full compliance with all applicable federal, state and
local environmental regulations and laws unless the lack of compliance is stated,
described and considered in the appraisal.
8. It is assumed that the property conforms to all applicable zoning and use regulations and
restrictions unless a non-conformity has been identified, described and considered in the
appraisal.
9. It is assumed that all required licenses, certificates of occupancy, consents, and other
legislative or administrative authority from any local, state or national government or
private entity or organization have been or can be obtained or renewed for any use on
which the opinion of value contained in this report is based.
10. It is assumed that the use of the land and improvements is confined within the boundaries
or property Iines of the property described and considered in the appraisal.
1l. Unless otherwise stated in this report, the existence of hazardous materials, which rnay or
may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on or in the property. The appraiser,
however, is not qualified to detect such substances. The presences of substances such as
asbestos, ureaformaldehyde foam insulation or other potentially hazardous materials may
affectthe value of the property. The value estimated is predicated on the assumption that
there is no such material on or in the property that would cause a loss in value. No
responsibility is assumed for any such conditions, or for any expertise or engineering
knowledge required to discover them. The intended user is urged to retain an expert in
this field, if desired.
Waronker & Rosen, Inc. ,? Real Estate Appraisers & Consultants Page 8
995
12.
13.
14.
15.
16.
The physical condition of the improvements, if any, described herein was based on visual
inspection. No liability is assumed for the soundness of structural members, since no
engineering tests were made of same.
Neither all nor any part of this appraisal report shall be disseminated to the general public
using the appraiser's name or appraisal designation, without prior written consent of the
appraisers signing this appraisal report.
Authorization is not allowed for the out-of-context quoting from, or partial reprinting of,
this appraisal report.
By reason of the report, there is no requirement to testify with reference to the property
herein appraised, unless alrangements have been previously made.
The reader should be advised that our employment was not contingent on the appraisal
providing a minimum valuation, a specific calculation or the approval of a loan.
Additionally, we have complied with the USPAP Competency Rule.
Limiting Conditions:
1. The allocation of total value between land and improvements applies only under the
described utilization. The separate valuations for land and improvements must not be
used in conjunction with any other appraisal and are invalid if so used.
2. The Americans with Disability Act (ADA) became effective January 26, 1992. The
appraiser has not made a specific compliance survey and analysis of this property to
dLiermine whether or not it is in conformity with the various detailed requirements of the
requirements of the ADA. It is possible that a compliance survey of the property and a
detailed analyses of the requirements of the ADA, could reveal that the property is not in
compliance with one or more of the act. If so, this fact could have a negative impact upon
the value of the property. Since the appraiser has no direct evidence relating to this issue,
possible noncompliance with the requirements of ADA was not considered in estimating
the value of the property.
Waronker & Rosen, Inc. €, Real Estate Appraisers & Consultants Page 9
996
Introduction Land Vqluation, 5860 N Road. Miami Beach, FL 33140
INTRODUCTION
>-d'a koself.
NGGdR P o R A T E D
Ll/aronker & Rosen, Inc €' Real Estate Appraisers & Consultqnts Page I0
997
Introduction
Location:
Address (main parcel):
Type of Use:
Zoning:
Flood Zone:
Land Area:
Main Parcel
South Tract
North Tract
Value by Cost Approach:
Value by Income Capitalization Approach:
Value by Sales Comparison Approach:
Main Parcel
South Tract
North Tract
Value Estimates:
Main Parcel
South Tract
North Tract
Date of Valuation:
Date of Report:
Land Valuation, 5860 N Road, Miami Beach, FL 33140
Summary of Pertinent Data
Along the west side of North Bay Road, between
West 58th and West 59th Streets, Miarni Beach,
Miami-Dade FL
5860 North Bay Road
Miami Beach, FL 33154
Single-family residential land
RS-2, Single Family Residence District by the
city of MiamiBeach, FL
AE (Map 12086C0309L)
24,425 sq.ft.
5,870 sq.ft.*
10,215 sq.ft.*
Not applicable
Not applicable
$9,800,000 ($+OO per sq. ft.)
$2,350,000 ($400 per sq. ft.)
$2,550,000 ($2SO per sq. ft.)
$9,800,000 ($400 per sq. ft.)
$2,350,000 ($400 per sq. ft.)
$2,550,000 ($250 per sq. ft.)
May 31,2014
June 20, 2014
*Estimated by the appraisers based on measurements provided in draft site plan
Vl/uronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page I1
998
Road, Miami Beach, FL 33140
Miami-Dade County Map
Ll'aronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 12
999
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Plat Map
Note: the yellow outline denotes the boundaries of the main parcel
Waronker & Rosen, Inc. & Real Estate Appraisets & Consultants Page 13
1000
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Draft Site Plan
ii{r
ifth
E
ar,,fuEl;Ei,iill;E E i,
3l -iir.nr.r.-sl-r.( { ElElr I ;'
f,#ili::i!:::i!:ii
,'
ztrl OIoI EIilclvl tl61 3l
61" Bl
trlX -lqi ql
V\vo\
v\?\
fl
,lt
I
I
i
I
I
E
o
5
t,
i
i
otr
E
'r E.
<Ei
rJJ frico;l
:rl
>r1
=;l
Page 14Waronker & Rosen, Inc. 8. Real Estate Appraisers & Consultants
1001
Introduction
Legend:
a
a
Lund Valuation, 5860 N Road, Miami Beach, FL 33140
Aerial Photograph
Yellow dashed line denotes current boundary of main parcel (main parcel), shaded in
yellow
Red shaded area on the right denotes south tract, to be removed from main parcel in
the proposed land swap
Blue shaded area on left denotes north tract, to be added to main parcel in the
proposed land swap
White dotted line denotes modified boundary of main parcel after the proposed land
swap
Waronker & Rosen, Inc €i Real Estate Appraisers & Consultants Page 15
1002
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Subject Photographs
View of main parcel looking southwest from current location of driveway
at east end ofnorth tract
View looking northwest from same location as above, down the length of the north tract
Vl/aronker & Rosen, Inc. ,t Real Estate Appraisers & Consultants Page 16
1003
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Zoomed-in view of west end of north tract,
looking northwest from drivewaY
East end of north tract, looking northwest
from west end of 59th Street
Southeast corner of main parcel (east end of
proposed south tract)
Street view: North Bay
(main parcel
Road looking south
on right)
Waronker & Rosen, Inc. '& Real Estate Appraisets & Consultsnts Page 17
1004
Introduction Land Valuation,5860 N Bay Road, Miami Beach, FL 33140
Street view: North Bay Road looking north
(main parcel on left)
Street view: West 59th Street, looking east
from current driveway at east end
of north tract
Waronker & Rosen, Inc. ,& Real Estate Appraisers & Consultants Page 18
1005
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Appraiser Qualifications
LEE H. WARONKER, MAI, SRA
Education: Master of Science in Managernent, School of Business and Organizational
Science, Florida Intemational University, 1981 (Major-Real Estate)
Bachelor of Science Degree, The Florida State University, Tallahassee, Florida
1976 (Major - Real Estate)
Affiliations: MAI Designation (No.6738) awarded by the Appraisal Institute in 1983.
SRA (SRPA) Designation awarded by the Appraisal Institute in 1981.
State Certified General Appraiser, State of Florida, License Number RZl62,
May 1990.
Registered Real Estate Broker, State of Florida, License #8K0152877 (1978)
Experience: Appraised various types of properties, including:
Industrial Buildings Restaurants Warehouses
Office Buildings Hotels and Motels Hospitals
Service Stations Retail Stores Marinas
Churches & Synagogues U.S. Post Offices Historical Buildings
Residences Condominiums Special Purpose Properties
President, Waronker & Rosen, Inc., (formerly Waronker & Associates, [nc.)
Miami, Florida, from 1987 to present. Vice President, Property Consultants,
Inc. from 1979 to 1986. Appraiser, The Keyes Company, 1978 to 1979.
Appraiser, Miami-Dade County Department of Right-of-Way,1977 to 1978.
Instructor: Appraisal lnstitute. Taught Courses 1A-1, 1A-2,8-2, lB-A, lB-8, ll0, 120,
210, 310, 320, 410, 420,430, 510, 550, 600, 610 and 620, et al
Author: Seminars entitled "Dynantics of Office Building Valuation", "Wy.the
Capitalization Rate is Always 10" and the "Appraisal of Real Estate l7'n vs.
I l'h Edition".
Other: Special Master for the Dade County Valuation Adjustment Bo.ard, 1989 to
l996.Assisted in the editing of The Appraisal of Real Estate, 1l'n Edition and
l3'h Edition.
President of the Miami Chapter of the Appraisal Institute, 1990 to 1991.
?l/aronker & Rosen, Inc. {, Real Estate Appraisers & Consultunts Page 19
1006
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Appraiser Qualifications
CARLOS A. DTEZ
Education: University of Florida (Gainesville, FL)
Bachelor of Arts. Major: Economics
Stevens Institute of Technology (Hoboken, NJ)
Substantial progress towards the degree of Master of Engineering
Affiliations: State-certified general real estate appraiser, State of Florrda,M3420
The Appraisal Institute, Candidate for Designation
CCIM Institute, Candidate Member
Appraisal Experience: Waronker & Rosen, Inc. September,2007 to Present
Appraised a wide variety of property types, including:
Vacant land Office buildings
Restaurants ShoPPing centers
Hotels Free-standing retail properties
Industrial properties Apartment buildings
Residential and Commercial Condominiums Condominium Units
Land leases (leased fee and leasehold interests) Fractured Condominium Interests
Easements (including aerial and sub-surface) Special Purpose Properties
Appraisal,Investment Analysis and General Real Estate Education:
The Appraisal Institute
100, 101: Basic Appraisal Principles and Procedures
202l. Residential Sales Comparison and Income Approaches
300: Real Estate Finance, Statistics and Valuation Modeling
400: General Market Analysis and Highest & Best Use
402 General Appraiser Site Valuation and Cost Approach
403,404: General Appraiser Income Approach (Parts I and 2)
405: General Appraiser Report Wriling and Case Studies
420:. Business Practices and Ethics
510: AdvancedlncomeCapitalization
550: Advanced Applications
530: Advanced Sales Comparison and Cost Approaches
Seminar: Hotel Appraising - New Techniques for Toda1,'s Uncertain Times
500: Advanced Market Analysis and Highest & Best Use
833: Fundamentals ofseparating Real Property, Personal Property, and Intangible Business Assets
Seminar: Marketability Studies: Advanced Considerations and Applications
CCIM Institute
Ct 101: Financial Analysisfor Commercial Investment Real Estate
CI 102: Market Analysisfor Commercial Investment Real Estate
CI 103: User Decision Analysisfor Commercial Investment Real Estate
CI 104: Investment Analysis for Commercial Investment Real Estate
FANSC: Feasibility Analysis for Retail Properties
MIMK: Advanced Market Analysisfor Commercial Reol Estate
Baruch College (CLINY) / Steven L. Newman Real Estate Institute
NCP2000: Urban Land Economics
NCP9000: Real Estate Development
Waronker & Rosen, Inc. * Real Estate Appraisers & Consultonts Page 20
1007
Introduction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Partial Client List
LENDERS TD Bank, N.A.
Totalbank
U.S. Century Bank
Wells Fargo Bank
Western Bank - Puerto Rico
Zions First National Bank
LIFE INSURANCE COMPANIES
GOVERNMENT AGENCIES
l$ United Bank
Amerasia Bank
Apollo Bank
BAC Bank
BNY Mellon Bank
BankUnited
Bank of America
Bank of Coral Gables
Bank Leumi
Branch Banking and Trust (BB&T)
Bridgelnvest, LLC
Broward Bank of Commerce
Cl Bank
CNL Bank
Capital Bank
Cigna Investments, Inc.
Citibank and Citicorp
City National Bank of Florida
Coconut Grove Bank
Comerica Bank
Credit Suisse First Boston Mortgage
Capital, LLC
Enterprise Bank ol Florida
Espirito Santo Bank of Florida
Executive National Bank
lrif,n rnira g*t
lFirst Bank of Miami
I First National Bank of South M iami
lFirstBank Florida
I ftorida Community Bank
lGibraltar Privale Bank and Trust
lGreat Florida Bank
lHssc s-t, N.a.
luottiauy Fenoglio Fowler. LP
I International Finance Bank
llsrael Discount Bank olNew York
llP More* Chase Bank
lLtoyas Int'1. Ban-[i (Lloyds of
I London)
lLrtheran Brotherhood
IMarquis Bank
lMorgun Stanley Mortgage Capital
lNorthem Trust Bank
locean Bank
lOptimumBank
I Popular Community Bank
I Professional Bank
I Regions Bank
lsrb"d.ll united Bank
lSpace Coast Credit Union
I SunTrust Bank
lTenabank. N.e.
Broward County School Board
Broward County Public Works Dept.
City of Coral Gables
City of Miami Beach
City of Miami General Services
Administration
Federal Deposit Insurance Corp. (FDIC)
Federal Home Loan Mortgage Corp.
(FHLMC)
Florida Dept. of Environmental
Protection
Florida Department of Transportation
Florida Keys Aqueduct Authority
Miami-Dade Water and Sewer
Authority
Miami-Dade Co. -Aviation Authority
Miami-Dade Co. - County Attorney's
Office
Miami-Dade Co. - General Serv. Admin.
Miami-Dade Co. - Housing & Urban Dev
Miami-Dade Co. - Public Works Dept.
Miami-Dade Co. - School Board
Miami Parking Authority
Nature Conservancy, Florida Chapter
South Florida Water Management District
United States Department of Justice
United States General Serv. Admin.
United States Postal Services
Village of Pinecrest
LAW FIRMS
Allstate Insurance Company
American General Life Insurance Co.
Equitnrst Lile lnsurance Co.
Fortis Capital Corp. & Life Insurance
Company
Franklin Life Insurance Company
General American Life Insurance Co.
Independent Order of Foresters
John Alden Life Insurance Company
Kansas City Life Insurance Company
Lumberman's Life Insurance Company
Omaha Woodmen Life Ins. Society
Standard LiG Insurance Company
State Farm Insurance ComPanY
Sun Lile Insurance Co. of America
CORPORATIONS
Church ofJesus Christ ofthe
Latter-Day Saints
Florida Power and Light Corp. (FPL)
JC Penny Corporation
The Wendy's Company
Chevron U.S.A., Inc.
Johnson and Johnson Company
DEVELOPERS AND INVESTORS
Akerman, Senterfitt & Eidson
Amstein & Lehr, LLP
Barranco & Associates, P.A.
Berger Singerman
Berman, Wolfe Rennart Vogel &
Mandler, P.A.
Carlton Fields
Colson Hicks Eidson, P.A.
Greenberg Traurig, P.A.
Holtand & Knight
Kirkpatrick and Lockhart
Kutner and Associates
Richman Greer
Shutts & Bowen, LLP
Steams, Weaver, Miller, Weissler,
Alhadeff & Sitterson, P.A.
Steel Hector and Davis
Tabas, Freedman, Soloff, Brown &
tugali, P.A
Iripp Scott
Weiss Serota Helfman Pastoriza Cole &
Boniske. P.A.
Berkowitz Development Group
Bristol Croup, Inc.
Franklin Street Properties
Flagler Development Corporation
Goldman Properties
Hampshire Real Estate ComPanies
Lennar Corporation
MDM Development, Inc.
Napolitano Realfy and Harnap Corp.
Noble House Resorts and Hotels
Ocean Properties, Ltd.
Panther Real Estate
PLC Investments, LLC
R.K. Associates, Inc.
The Scott Robins Companies
Wometco Enterprises, Inc.
Wqronker & Rosen, Inc €' Real Estate Appraiserc & Consultsnts Page 21
1008
Introiluction Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Notable Properties Appraised
Miami-Dade CountY
Miami Seaquarium Virginia Key Miami Free Zone - Global Trade Cntr Miami
Miami Intemational Airport Miami Metropolitan Hospital of Miami Miami
City of Miami Conectional Facility Miami Spinnaker Marina North Miami
Country Club of Miami Gotf Course Miami Virginia Key & Rickenbacker Marinas Key Biscayne
Mel Reese Golf course Miami waterways Yacht Basin Miami
Burger King Headquarters - Waterford Miami Porto Vita Club and Spa Aventura
Dociors Hoipital Coral Gables Ocean Steps Entertainment Center S. Miami Beach
Beacon Centre Development Miami Indian Creek Country Club Indian Creek
FBI Headquarters Miami BIV Tower Miami
Gables Waterway Executive Center Coral Gables Courthouse Tower Miami
Joe's Stone Crab restaurant Miami Beach South Shore Hospital Miami Beach
Doral Ocean Beach Resort (formerly) Miami Beach SouthCom Headquarters Miami
Metro-Dade Bus Facility Miami
Fort La u der dalelBr o w ar d C o untY
Florida Medical Center (Hospital)
Iackson Marine Center
Las Olas Centre Olfice Building
Martha s Restaurant
Various Luxury Single Family Homes
Seneca Industrial Park
Monroe CountylFlorida KeYs
Maniott Key Largo Bay Beach Resort
Islander Resort
Hawk's Cay Resor! Marina and DRI
Westin, formerly Hilton Resort and Sunset Key Island
Little Palm Island
Louis' Backyard Restaurant
Ocean Key Resort
Sloppy Joe's Bar
Truman Annex - Navy Base
Other Florida Counties
Jupiter Beach Resort
La Playa Beach Resort
Sheraton Four Points
Spring Hill Suites
Hilton Carillon Park
Outside of the United States
Various Single Family Homes
Single Family Home
Sapphire Beach Resort
Hotel Site
Montego Beach Resort
Botany Bay Subdivision (400 acres)
Ocean Club Resort
Land lease under Ritz Carlton
Various Land Hotdings
Vacant Land
Buccaneer Hotel and Golf Course
Ft. Lauderdale
Ft. Lauderdale
Ft. Lauderdale
Hollywood
Fort Lauderdale
Pembroke Park
Key Largo
Islamorada
Duck Key
Key West
Little Torch Key
Key West
Key West
Key West
Key West
Jupiter. Palm Beach Coung
Naples, Collier County
Orlando, Orange County
Tampa, Hillsborough County
St. Petersburg, Pinellas County
Cat Cay, Bahamas
Casa de Campo, Dominican Republic
St. Thomas, U.S. Virgin Islands
Grand Turks and Caicos Islands
Montego Bay, Jamaica
St. Thomas, U.S. Virgin Islands
Grand Turks and Caicos Islands
San Juan, Puerto Rico
St. Croix, U.S. Virgin Islands
West End, Grand Bahama Island
St. Croix, U.S. Virgin Islands
Waronker & Rosen, Inc. €. Real Estate Appraisers & Consultunts Page 22
1009
Descrintion & Analvses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
DESCRIPTION &
ANALYSES
RPORATED
lV'aronker & Rosen, Inc. t' Real Estate Appraisers & Consultants Page 23
1010
Ortrrtpmr A errUt
Purpose of the Appraisal
The purpose of this appraisal is to estimate the across the fence value of the fee simple interest in
the north tract and the south tract, as of May 31,2014 for a potential land swap. The terms
across the fence value and fee simple interest are defined below, and the term market value is
defined on the following page.
Client, Intended User and Use of the Appraisal
The intended user of this appraisal is City of Miami Beach (client). The intended use of this
appraisal is for valuation in connection with a possible land swap involving a portion of the main
parcel (the south tract) and an adjacent City-owned parcel (the north tract). No additional
intended users are identified or intended.
Definition of Across the Fence Value
The values estimated herein are across the fence values, defined as follows:
Across the Fence Value:ln corridor valuation, a value opinion based on comparison with
adjacent lands including consideration of adjustment factors such as market conditions,
real property rights conveyed, and location.l
Definition of Real Property Interest Appraised
The realproperty interest appraised herein is that of the fee simple interest, defined as follows:
Fee Simple Interest: an absolute fee without limitations to any particular class of heirs,
but subject to the limitations of eminent domain, escheat, police power and taxation' An
inheritable estate.
' The Dictionary of Real Estate Appraisal, 5th ed., p' 3
lV'aronker & Rosen, Inc. .t' Real Estate Appraisers & Consaltants Page 24
1011
Description & Analyses Land Valuation, 5860 N Bay Rosd, Miami Beach, FL 33140
Definition of Market Value
Market Value is the major focus of most real property appraisal assignments. Both economic and
legal definitions of market value have been developed and refined.' The Uniform Standards of
Professional Appraisal Practice (USPAP) states Market Value is "a type of value, stated as an
opinion, that presumes the transfer of property (i.e., a right of ownership or a bundle of such
rights), as of a certain date, under specific conditions set forth in the definition of the term
idintified by the appraiser as applicabie in the appraisal".2 This requires the appraiser to identify
the definition of market value and its authority. The definition that follows is the basis of the
valuation in this appraisal and the source is the Federal Register.
"For example, the following definition of Market Value is used by agencies that regulate
federally insured financial institutions in the U.S.:
Market Value is defined as "the most probable price which a property should bring in a
competitive and open market under all conditions requisite to a fair sale, the buyer and
seller each acting prudently, knowledgeably and assuming the price is not affected by
undue stimulus. tmplicit in this definition is the consummation of a sale as of a specified
date and the passing of title from seller to buyer under conditions whereby:
. Buyer and seller are typically motivated;
. Both parties are well informed or well advised, and acting in what he or she considers his
or her own best interest;
. A reasonable time is allowed for exposure in the open market;
. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
. The price represents the normal consideration for the property sold unaffected by special or
creative financing or sales concessions granted by anyone associated with the sale."3
This market value definition is referenced within the appraisal regulations of the following
govemmental agencies;
. Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) of
1989
. Department of the Treasury
. The FederalReserve System (FRS)
. Federal Deposit Insurance Corporation (FDIC)
. Office of Thrift Supervision (OTS)
. Office of Comptroller of the Currency (OCC)
I
2
3
Appraisal of Real Estate, 14n Edition, page 58
USPAP 2014-2015, page U-3
Appraisal oJ Real Estate, l4d Edition, page 55
ll'aronker & Rosen, Inc. t, Real Estate Appraisers & Consultants Page 25
1012
Description & Analyses Land Valuation, 5860 N Bay Roqd, Uiarn! Beach, FL 33140
Location and Address
The main parcel, south tract and north tracts are located along the west side of North Bay Road,
between West 58th and West 59th Streets, MiamiBeach, FL.
Address (main parcel): 5860 North Bay Road
Miami Beach, FL 33154
Legal Description
The legal description of the main tract is lengthy. A copy reproduced from the most recent
recorded deed is shown in Addendum B. No separate legal description was provided for either
the south tract or the north tract.
Source : www.miamidade. gov
Owner of Record
(main parcel)
Ambassa Holdings, Inc.
c/o Christian De Berdourare
10800 Biscayne Boulevard, Suite 820
North Miami, FL 33161
Source : www.miamidade. gov
History of the Subject Property
The main parcel was last sold on May 6, 2014 for $9,650,000 ($395 per sq. ft.). This sale was
recorded in the Public Records of Miami-Dade County at Official Records Book 29153, Page
2934. According to various real estate services the subject property is not under contract or listed
for sale.
Source: www.miamidade.gov
Waronker & Rosen, Inc. .1. Real Estate Appraisers & Consultants Page 26
1013
Description & Analyses Land Valuatioo, 5860 ! l_E lgo!$rofr leach, FL 33 140
Site Data
The main parcel is irregular in shape. No survey was provided. Based on the legal description in
the most recent recorded deed and the recorded plat, the appraisers estirnate that there is street
frontage of approximately l0l feet along the west side of North Bay Road, and water frontage of
approximately 150 feet on Biscayne Bay. The Miami-Dade County Property Appraiser's records
indicate a parcel size of 24,425 sq. ft. Note that the aerial photograph in the County records
indicates an incorrect boundary for the subject property, based on the legal description. The site
is level and at approximate street grade. Utilities available to the site are:
Electric:
Telephone:
Water:
Sewer Disposal:
Florida Power and Light
AT&T
Municipal
Municipal
Based on the draft site plan provided, the south tract runs the length of the south perirneter of the
main tract and has an irregular shape, with frontage of 50 feet along the west side of North Bay
Road and water frontage of 25 feet on Biscayne Bay. The north tract runs along a portion of the
north perimeter of the main tract (from North Bay Road to a point 30 feet from the waterfront), is
trapezoidal in shape and has frontage of 50 feet along the west side of North Bay Road (with no
water frontage).
Zoning
The main tract is zoned RS-2, Single Farnily Residence District by the city of Miami Beach, FL.
For a detailed listing of allowable uses and restrictions, refer to the zoning code of Miami Beach,
FL.
Flood Zone
The subject sites are within Flood Zone AE, areas subject to a one percent or greater annual
chance of flooding in any given year. Base flood elevations are shown as derived lrorn detailed
hydraulic analyses. This flood zone requires mandatory purchase of flood insurance in
participating communities. This identification was located on Flood Insurance Rate Map,
Community Panel No. 12086C0309L, revised September 11,2009. For insurance purposes, a
surveyor should be contacted to verify the exact zone by a flood elevation certificate, as well
as its impact on insurance.
S o arce : www. interfloo d. com
lVaronker & Rosen, Inc. t Real Estate Appraisers & Consultants Page 27
1014
Description & Analyses Land Valuation, 5860 N Bay Rqa!,.tuIiami Beach, FL 33140
Real Estate Assessment and Taxes
TaxingAuthority: Miami-DadeCounty
Assessment Year: 2013
Millage Rate: 20.3368
Folio Number: 02-3215-003-0220 (main tract)
The following is a summary of the assessment:
*This is the size per the Miami-Dade County Property Appraiser's records
The real estate taxes are estimated as follows:
TAXCALCULATION TAXES PER SQ.FT.
Millage Rate (Millage Rate -1,000)0.0203368
Times Total Assessed Value x $6,653,552 $ l.05 r.78
Estimated Real Estate Taxes $ l3s,3l2 $21 .39
There is a 4olo discount given for early (November) payment of taxes which would reduce the
estimated real estate taxes to $129,900, ($135,312 minus 4Yo).
Florida Statutes require assessments to be at 100% ofjust value (market value) with an allowable
adjustment to indicate net proceeds that would be derived from a sale. This adjustment varies
dependent on the taxing authority with the Miami-Dade County Property Appraiser's office
typically designating in the range of l5%. Based upon the market value estimated herein the
assessment is below what is appropriate.
TAX ASSESSMENT
ANALYSIS
TOTAL
ASSESSMENT
SQ.FT.
SIZE*
ASSESSMENT
PER SQ.FT.
Assessed Land Value $5,949,548 24,425 $243.58
Assessed Value of Improvements 704.004 6,326 s111.29
Total Assessed Value $6,6s3,552 6,326 $1,051.78
Waronker & Rosen, Inc. €, Real Estate Appraisers & Consultants Page 28
1015
Description & Analyses Land Valuation, 5860 N Boy Rood, Miod Beach, FL 33140
Description of the Site lmprovements
The existing improvements consist of a single family residence originally built in 1948, but the
structure is likely to be demolished by the owner who recently purchased the property with the
intent to build a new residence.
l|/aronker & Rosen, Inc, 'l' Real Estate Appraisers & Consultants Page 29
1016
Road, Miami Beach, FL 33140
General Neighborhood Data
Location:
Built Up:
GroMh Rate:
Property Values:
Demand/Supply:
Present Land Use:
Change in Present Land Use:
Predominant Use:
Property Compatibi I ity:
General Appearance of Properties:
Appeal to Market:
Adjacent Uses
East:
West:
South:
North:
Linkages
Public Transportation:
Employment Centers:
Expressway Access:
Miami International Airport:
Neighborhood Overview
Suburban
80Yo to 90o/o
Stable
Increasing
In balance
Residential
Not likely
Residential
Very good
Very good
Very good
Single family residential (across
Biscayne Bay
Single family residential
Single family residential
Distance
Within a few blocks
Three to five miles
Five to seven miles
Ten to fifteen miles
the street)
Access
Very good
Good
Average
Average
ll/aronker & Rosen, Inc. z?' Real Estute Appraisers & Consuhants Page j0
1017
Description & Analyses Land Valuation, 5860 lr{ l!! lgo!, Mio*i leach, FL 33140
Supply and Demand
Market conditions for residential real estate in Miami-Dade County have shown substantial
improvement since the sharp declines that followed the recent recession and financial crisis, with
properties at the most desirable locations seeing very significant improvement during the past
year. Demand for larger single-family parcels on the waterfront is currently very strong, and due
to the relative scarcity of vacant waterfront land many of the most recent sales have been of
parcels improved with single-family residences (in a number of cases structures in good
condition that were marketed for sale as luxury residences), but which were purchased with the
intent to demolish and build new. Note that, because many of these properties were originally
marketed as luxury homes, their record in the Multiple Listing System (MLS) registers the sale
as an improved property, not as vacant land.
The scatter plot shown on the following page is based on data from the MLS for sales of single-
family waterfront (ocean, bay or Intracoastal Waterway) residential lots since June l, 2012with
sales prices of $5,000,000 and above. The horizontal axis is the number of months elapsed since
the sale occurred. Two series are shown: sales of improved sites (recorded in the MLS as sales of
luxury homes), and sales of vacant land. The vertical axis indicates the price per sq. ft. of land
(for both series). The vacant land series includes the recent sale of the main parcel and all of the
comparable sales considered in the sales comparison approach, among others. The improved
series is believed to include some (though an unknown number of) properties that were actually
purchased for land (with the intent to demolish and build new). The trend lines shown are based
on linear regression analysis of each series, and provide an indication of the change in values
over time. The slope of the "improved" series indicates an increase of $5.59 per sq. ft. per month
and the slope of the "vacant" series indicates an increase of $9.00 per sq. ft. per month. The
vertical difference between the trend lines is attributed to the fact that most of the sales in the
improved series were purchased with improvements that had value above the land value.
The analysis described above and shown in the chart is useful because it provides support for two
general observations. First, values overall for luxury single-family waterfront properties have
increased rapidly over the past two years. For example, the slopes of the trend lines represent
percentage increases of 160/o per year for the "improved" series and 3 loh pet year for the
"vacant" series, based on the trend line values at time period 0 (the valuation date). These levels
are well above the increases observed for the single-family market in general. Second, the faster
rate of growth in the vacant land series as compared to improved series supports the conclusion
that demand for vacant waterfront sites above $5,000,000 suitable for construction of new ultra-
luxury residences is currently very strong. This also helps explain the increasing number of sales
of improved sites in which the buyer intends to demolish instead of occupy or renovate the
existing structure.
ll/aronker & Rosen, Inc. * Real Estate Appraisers & Consultunts Page 3l
1018
Description & Analyses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Sales of Waterfront Single-Family Lots
Miomi-Dode County / Sqle Price 55 fvtillion +
X
x
xo
o
C
c
a1
,-
s1,0s0
s9so
ssso
Szso
$5so
55so
s450
S:so
$250
S150
5s0
x
x*.
I x
xy.
3s
x x*I'*
Xx..yx"'
x o
lx
X
>1
*
1X
a
25
Source: MLS
x
2A )
x lrtlrcvid a !acant
Note: red marker indicates most recent sale of main parcel
Based on the analysis, if the main parcel were marketed for sale as a development site suitable
for construction of a new ultra-luxury residence, demand would be very strong and there would
likely be an abundance of potential buyers.
5...x......
" *x\
x-x -t<x
,. ,.)x. " "xx:x X>fl( x
X
ll'aronker & Rosen, Inc €. Real Estate Appraisers & Consultants Page 32
1019
Drtrrtptt"" & A"rU
Exposure Time
Exposure time is the "estimated length of time that the property interest being appraised would
have been offered on the market prior to the hypothetical consurnmation of a sale at market value
on the effective date of the appraisal. Exposure time is a retrospective opinion based on an
analysis of past events assuming a cornpetitive and open market"l.
This analysis considers the exposure time at a market related price such as the estimated market
value herein. In estimating exposure time, sales are analyzed, real estate brokers and property
owners are interviewed and statistics from published surveys are considered. Based on data
obtained from the MLS, the median number of days on the market for waterfront single-family
residential lots selling for $5,000,000 and up in Miami-Dade County since January 1,2013 was
250, based on a sample of 11 sales. Lower priced waterfront lots tended to sell in less time. The
analysis also indicates that market conditions are on an improving trend, with demand gaining
strength.
The exposure time for the subject is estimated at six to nine months. This estimate considers that
the property would have been properly marketed and priced, If the property were not to have
been priced correctly or rnarketed through proper channels, then it is not likely that neither the
estimated market value nor the estimated exposure time would have been achieved.
' Uniform Standards of Professional Appraisal Practice {USPAP) 2014-2015 Edition, Page U-3
Woronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 33
1020
& Analyses Land Vqluation, 5860 N Bay Road, Miami Beach, FL 33140
Marketing Time
Marketing time differs from exposure time which is presumed to precede the effective date of
appraisal. It is an opinion of the amount of time it might take to sell a real or personal property
interest at the concluded market value level during the period immediately after the effective date
of an appraisal. The main parcel is a large waterfront lot in a very desirable location with limited
available product. There is significant demand for such product with marketing times decreasing.
The marketing time is estimated at six to nine months. This assumes that the property is properly
marketed and priced correctly. t1l
Typical Purchaser of the Subject
The main parcel is a large waterfront residential lot. There is significant demand for such
properties in Miami Beach, and a relative scarcity of vacant lots, which has prompted many
buyers to purchase improved sites for demolition and new construction. The typical purchaser
would be a wealthy individual or family.
l\ The Dictionary of Real Estate Appraisal, 5'h edition, page l2l
Vl/aronker & Rosen, Inc. €' Real Estate Appraisers & Consultants Page 34
1021
Description & Analtses Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Highest and Best Use
The site is valued for its highest and best use, which may be defined as follows:
fhat reasonable and probable use that will support value
as defined as of the effective date of the appraisal.
In analyzing the highest and best use, the following four questions are answered:
1. Legally Permissible. What uses are legally perrnitted on the subject site with
respect to zoning ordinances and deed restrictions?
2. Physically Possible. What uses of those legally allowed are physically possible
on the subject site?
3. Financially Feasible. Of those uses determined to be physically possible and
legally perrnissible, which ones will produce a positive retum?
4. Maximally Productive. Of those that are feasible, legally permissible, and
physically possible, which will produce the highest rate of return or value?
As Vucant
The zoning on the main parcel is RS-2, Single Family Residence District by the city of Miami
Beach, FL. The subject location is desirable. The market continues to strengthen and values are
high enough to feasibly construct on the site. Therefore, the highest and best use as though
vacant, would be to construct a luxury single-family residence on the site.
As Improved
The subject properties are being valued as vacant land and therefore an analysis of the highest
and best use as improved is not applicable.
Waronker & Rosen, Inc. .*. Real Estate Appraisers & Consultants Page 35
1022
Dttrrtpttrr & ArrU
Appraisal Process
An analysis of three separate approaches to value; sales comparison approach, cost approach,
and income capitalization approach, will be considered to estimate the value of the main parcel.
Although these three approaches to value are considered within every appraisal report, they may
not be applicable to each and every property being appraised.
The cost approach is based on the principle of substitution which states that an informed
purchaser would not pay more for a property than the cost of reproducing a property with the
same utility. The cost approach can often yield reliable estimates of value for new construction.
This approach entails estimating the cost of producing the improvements, deducting an estimate
of depreciation, then adding the value of the site as if vacant. To this value an entrepreneurial
incentive is added to arrive at the estimated value by the cost approach.
The income capitalization approach is based on the concept that value is created by the
expectations of future benefits and higher eamings should result in higher values. Income
producing real estate is purchased for the right to receive future income. The income
capitalization approach consists of methods to analyze a property's capacity to generate income,
and a reversion, and convert these monetary benefits into an estimate of value.
The sales comparison approach is based on the principle of substitution which suggests that,
within competitive markets, similar products will realize similar prices. Inherent in this concept
is the premise that a purchaser would not pay more for a property than the cost to acquire another
property with the same amenities and utility.
The final steps in the appraisal process are review and reconciliation of the data and conclusions.
In reaching a final conclusion of value, the entire process involving the approaches that were
estimated must be reviewed for accuracy, completeness and consistency. After analysis,
evaluation and reconciliation of the indications a value is estimated. The essence of this final
reconciliation should be a defensible and rational conclusion of value.
The only approach used in this appraisal is the sales comparison approach. The income
capitalization approach and the cost approach are not applicable to the valuation of the main
parcel.
ll'aronker & Rosen, Inc. t Real Estate Appraisers & Consultants Page 36
1023
Cost Approach Land Valuatioo, 5860 N Boy Rood,Mirfr Beach, FL 33140
-
Cost Approach
The basis of the cost approach is the principle of substitution. This principle suggests that a
prudent buyer would not pay more for a property than the cost to acquire a similar site and
construct comparable improvements.
Following are the procedures for preparing the cost approach.
l. Estimate the value of the land as though vacant and available to be developed to its highest and
best use.
2. Determine which cost basis is most applicable to the assignment: reproduction cost or
replacement cost.
3. Estimate the direct (hard) and indirect (soft) costs of the improvements as of the effective
appraisal date.
4. Estimate an appropriate entrepreneurial profit or incentive from analysis of the market.
5. Add estimated direct costs, indirect costs, and the entrepreneurial profit or incentive to arrive at
the total cost of the improvements.
6. Estimate the amount of depreciation in the structure and, if necessary, allocate it among the three
major categories: physical deterioration, functional obsolescence, and external obsolescence.
7. Deduct the estimated depreciation from the total cost of the improvements to derive an estimate
of their depreciated cost.
8. Estimate the contributory value of any site improvements that have not already been considered.
(Site improvements are often appraised at their contributory value - i.e., directly on a depreciated-
cost basis - but may be included in the overall cost calculated in Step 3 and depreciated, if
necessary).
9. Add land value to the total depreciated cost of all the improvements to develop the market value
of the property.
10. Adjust for personal properfy (e.g., fumiture, fixtures, and equipment) or intangible assets that are
included in the appraisal.
I 1. Adjust the value conclusion, which reflects the value of the fee simple estate, for the property
interest being appraised to arrive at the indicated value ofthe specified interest in the property. I
As the main parcel is being valued as vacant land, the cost approach is not applicable.
I The Appraisal of Real Estate, l4th Edition, 2013, Pages 568 and 569
Vl/aronker & Rosen, Inc. & Real Estate Appraisers & Consultants Page j7
1024
Income Capitalization Approach Land valuation, 5860 N Bqt Road, Miami Beach' FL 331!!
-
lncome C apitali zttion Approach
Income producing real estate is typically purchased as an investment, and from an investor's
point of view earning power is the critical element affecting property value. One basic
investment premise holds that the higher the eamings, the higher value, provided the amount of
the risk remains constant. An investor who purchases income-producing real estate is essentially
trading present dollars for the expectation of receiving future dollars. The income capitalization
approach to value consists of methods, techniques, and mathematical procedures that an
appraiser uses to analyze a property's capacity to generate benefits (i.e., usually the monetary
benefits of income und ,.r..iion; and "onr".t these benefits into an indication of present value.l
In the income capitalization approach, an appraiser analyzes a property's capacity to generate
future benefits and capitalizes the income into an indication of present value. The principle of
anticipation is fundamentalto the approach.2
An income capitalization approach was not applied as it was not within the scope of this
appraisal. Since this approach is typically not considered by purchasers of this property type, not
using it does not limit the reliability of the value estimated herein.
I Appraisal of Real Estate, l4rh Edition, 2013,Page 439
' ruid.,qlg
Waronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page 38
1025
Sales Comparison Approach Land Valuation, 5860 N Boy Rood, Miod Beach, FL 33140.
Sales Comparison Approach
The sales comparison approach is based on the principle of substitution. The principle of
substitution holds that the value of property tends to be set by the cost of acquiring a
substitute or alternative property of similar utility and desirability within a reasonable
amount of time.l
In the Sales Comparison Approach, an opinion of market value is developed by comparing
properties similar to the main parcel that have recently sold, are listed for sale, or are under
contract (i.e., for which purchase offers and a deposit have been recently submitted). A major
premise of the sales comparison approach is that an opinion of the market value of a property
can be supported by studying the market's reaction to comparable and competitive properties.
Qualitative analysis is a relative comparison process without mathematics. Sales are ranked
based upon their desirability as compared to the subject. Comparisons can be expressed as
plus or minus as opposed to dollar or percentage adjustments.
Quantitative analysis is the process of applying mathematical techniques. Sales are adjusted to
the main parcel on a dollar or a percentage basis. One method of supporting adjustments is
through paired data analyszs. This method analyzes two sales and attributes the difference in
their sales prices to the characteristic which is different. This analysis requires an abundance
of sales data which is frequently not available.
Qualitative analysis is used herein to estimate a value by the sales comparison approach.
Characteristics of the sales considered superior to the subject are given a minus (-) adjustment.
Those characteristics of the sales considered inferior to the subject are given a plus (+)
adjustment. Each sale is given an overall adjustment indicating how it compares to the subject.
On the following page is a grid of the sales used for comparison to the main parcel.
I The Appraisal of Real Estate 14th Edition, 2013,page379
Vl/aronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 39
1026
Sales Comparison Approach Land Valuatirn, 586! l! lol lg!!, Miod leach' FL 33140.
Vacant Land Sales Grid
Following is a grid of the comparable sale properties used for comparison to the main parcel.
Sale
No.
Sale
Date Location
Water
Frontage View Sale Price
Sq. Ft.
Size
Price/
Sq. Ft
February
2014
6455 Pine Tree Drive Circle
Miami Beach
360'Waterways s7,000,000 27,860 s25 I
2 April 2014 34 La Gorce Drive
Miami Beach
t36',Bay $14,000,000 22,912 s61 I
3 January 2014 6596 Allison Road
Miami Beach
200'Waterway $11,700,000 43,200 $271
4 April 2014 1757 West 27th Street
Miami Beach
100'Waterway,
Partial Bay
View
s6,775,000 20,000 s339
5 December
2013
6440 North Bay Road
Miami Beach
100'Waterway
and Bay
View
s6,600,000 27,517 $239
6 September
2013
6010 North Bay Road
Miami Beach
75'Portion of
Bay
s6,250,000 21,228 s294
'1 March 2014 845 E Di Lido Drive
Miami Beach
92'Bay s5,700,000 13,353 s427
Subject May 2014 5860 North Bay Road
Miami Beach
[50'Bay $9,650,000 24,425 s395
lAaronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page 40
1027
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miqmi Beach, FL 33140
Vacant Land Sales Map
lVsronker & Rosen, Inc. .i, Real Estate Appraisers & Consultants Page 4I
1028
Sales Comparison Approach Land Valuatior, 5860 N Bry Rood, Mio*freach, FL 3314!
Comparable Land Sale 1
Location
6455 Pine Tree Drive Circle
MiamiBeach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
27,860
Price/Sq.Ft.
s2sr.26
WAR No.
30361 5
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
$7,000,000
February 2014
2903611238
Georges Levy and Valerie Levy
Brickview 3ll4,LLC
Lengthy legal description. Refer to the recording instrument.
02-3211-013-0050
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
This is a "tip" lot located on the northeast side of Pine Tree Drive Circle, a small street that loops
between La Gorce Drive and Pine Tree Drive. It benefits from wide water views facing north
toward La Gorce Island and east toward Allison Island. Total water frontage is approximately
360 feet. It was improved with a 7,565 sf residence built in 1950, but the buyer is demolishing it
to make way for a new residence.
Waronker & Rosen, Inc. 8' Real Estate Appraisets & Consultants Page 42
1029
Sales Comparison Approach Land Valuation, 5860 l,l !9! lo!!, M:o*i leach' FL 33140.
Comparable Land Sale 2
Location
34La Gorce Drive
MiamiBeach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
22,912
Price/Sq.Ft.
$611.03
WAR No.
303616
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
$ 14,000,000
April20l4
29t401301.6
Joseph Z. Fleming and Betty C. Fleming
34 La Gorce Circle Partners, LLC
Lot 17, Block 1, LA GORCE ISLAND, according to the Plat
thereof, as recorded in Plat Book 34, Page 83 of the Public
Records of Miami-Dade County, Florida
02-32t0-003-0 140
All cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
lrregular
Grade level
This lot is located on the southwest side of La Gorce Island, an exclusive guard-gated residential
community. tt benefits from wide open bay views facing southwest. Total water frontage is
estimated at136 feet. It was improved with a4,846 sq. ft. residence built in 1941 thatthe buyer
is demolishing to make way for a new residence.
\l/aronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page 43
1030
Sales Comparison Approach Land Valuatioo, !860 N Boy fuod, Mio*freach, FL 33140.
Comparable Land Sale 3
Location
6596 Allison Road
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
43,200
Price/Sq.Ft.
$270.83
WAR No.
303617
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$l1,700,000
January 2014
2899911s84
Frank Bramson and Phyllis G. Bramson
Michael Burke and Brigitte Burke
Lots 30,31 and theNorth 25 feet of Lot 32, Block,INDIAN
CREEK, according to the Plat thereof, as recorded in Plat Book
31, Page 75 of the Public Records of Miami-Dade County,
Florida
02-3211-003-0300Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoningl'
Shape:
Topography:
Comments
This lot is located on the west side of Allison lsland, with 200 feet of water frontage and views
of the waterway facing west toward La Gorce Island. It is a large lot, most lots on the island
being about half the size. The seller was in the process of demolishing an older residence and
splitting the lot into two equal size lots. It was marketed for sale as either one larger lot or two
srnaller lots and was on the market for about six months when it sold as a single lot.
Al1 cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Square
Grade level
ll'aronker & Rosen, Inc. t' Real Estate Appraisets & Consullants Page 44
1031
Sales Comparison Appro ach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Comparoble Land Sale 4
Location
1757 West 27th Street
MiamiBeach, FL 33140
Property Type
Vacant Residential Lot
Square Feet
20,000
Price/Sq.Ft.
$338.7s
WAR No.
30361 8
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$6,775,000
April20l4
29127t2276
Campbell Avery Smith, as trustee
1757 W 27th Street, LLC
Lot22, Block 2H, ISLAND NO. 2, 3RD REVISED PLAT OF
SLINSET ISLANDS, according to the Plat thereof, as recorded
in Plat Book 40, Page 8 of the Public Records of Miami-Dade
County, Florida
02-3228-001-1260Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This lot is located on the north side of one of the Sunset Islands, with 100 feet of water frontage
facing north, with views facing north toward another of the Sunset Islands, and partial bay views
facing northwest.
All cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
Ll/sronker & Rosen, Inc. .i. Real Estate Appraisers & Consultants Page 45
1032
Sales Comparison Approach Land Valuation,5860 N Bay Road, Miami Beach, FL 33140
Comporable Land Sale 5
Location
6440 North Bay Road
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
27,577
Price/Sq.Ft.
$239.33
WAR No.
30361 9
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
$6,600,000
December 2013
289551207s
Versel Overseas Lirnited
6440 NBR, LLC
Lengthy legal description. Refer to the recording instrument.
02-3215-003-0020
AII cash to the seller
None in the past five years
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
This lot has about 100 feet of water frontage facing northwest toward La Gorce Island and
Normandy Isle. Based on a reading of the legal description and the recorded plat, the parcel
boundary shown in the county's aerial photograph incorrectly shows 200 feet of water frontage.
V[/aronker & Rosen, Inc. .i. Real Estate Appraisers & Consullants Page 46
1033
Sales Comparison Approach Land Valuation, 5860 N loy los[ fuIllmi leach, FL 33140
.
Comparable Land Sale 6
Location
6010 North Bay Road
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
21,228
Price/Sq.Ft.
$294.42
WAR No.
303620
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
$6,250,000
September 2013
28846/3885
FCI Miami Beach Two, LLC
60IO NBR, LLC
Lot 18, Block l, LAGORCE GOLF SUBDIVISION, according
to the Plat thereof, as recorded in Plat Book 14, Page 43 of the
Public Records of Miami-Dade County, Florida
02-3215-003-0170
All cash to the seller
June 2012 for $5,500,000
RS-2, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
This is an elongated lot with a depth of about 280 feet and about 75 feet of water frontage with
open views facing northwest toward Normandy Isle and North Bay Village in the distance.
Waronker & Rosen, Inc. .*. Real Estate Appraisers & Consultants Page 47
1034
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Comparable Land Sale 7
Location
845 E Di Lido Drive
MiamiBeach, FL 33139
Property Type
Vacant Residential Lot
Square Feet
13,353
Price/Sq.Ft.
$426.87
WAR No.
303623
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$5,700,000
March 2014
29077t3233
Sunrise Ventures Holdings, Inc.
Mark Lyn
Lot 27, Block 4, Dl LIDO, together with a strip of land
contiguous to the northern boundary line of Lot 27,Block 4,DI
LIDO, lying between the northerly extension of the West
boundary line of said Lot 27 and the northerly extension of the
East boundary line of Lot 27, as recorded in PIat Book 8, Page
36, of the public records of Miami-Dade County, Florida.
02-3232-011-0780Folio No.:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This waterfront lot is located at the north end of Di Lido Island. It has approximately 92 feet of
water frontage and wide open bay views facing north.
All cash to the seller
April 2010 for $2,450,000
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Irregular
Grade level
yy'aronker & Rosen, Inc, .e. Real Estate Appraisers & Consultants Page 48
1035
Sales Comparison Approach Land Valuation, 586!! !!! Ro!!$romi leach, FL fiUq
Adjustment Grid
Below is a grid which illustrates qualitative adjustments used to compare the comparable sales to
the main parcel. Percentage adjustments were not utilized. In order to utilize percentage
adjustments it would be necessary to pair (compare) sales to extract value differences. This is
difficult as there is normally insufficient data to provide pairings for all value differences. Below
is a grid which illustrates the adjustments made. A plus (+) sign indicates the unit of cornparison
of the sale must be adjusted upward as that characteristic is inferior to the subject. A rninus (-)
sign indicates the unit of comparison of the sale must be adjusted downward since the
characteristic is superior to the subject. An equal (:) sign indicates the comparable sale
characteristic is similar to the subject.
SaIe
No.
Price/
Sq. Ft.
Market
Conditions Location
Water
Frontage/Views
Size/
Shape
Overall
Adjustment
I $25 I ++++
2 $611
J $271 ++++
4 $339 +++++
5 s239 +++++
6 $294 ++++
7 s427 +
After considering the individual difflerences, either a plus (+), minus (-) or equal (:) sign has
been placed in the "Overall" column. This indicates the overall adjustment that the sale would
require as cornpared to the main parcel.
ll/aronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 49
1036
Sales Compa4lon Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Conclusion of Land Value by the Sales Comparison Approach
The sales comparison approach compared similar properties to the main parcel and adjustments
were made for the pertinent characteristics. Based on these comparisons a value was estimated
forthe main parcel. Sale prices per square foot range from $239.33 to $611.03 with a mean of
$348 per square foot and a median of $294 per square foot.
Comparative analysis indicates that adjustments are required for market conditions, location,
water frontage/views, and sizelshape. No adjustment is required for conditions of sale or zoning.
Market conditions adjustments consider the improvement in overall market conditions during the
period since the oldest sale occurred. Location adjustments consider general characteristics of the
site and overall desirability of the area. Water frontage/views consider the quality and
desirability of water views, the extent of water frontage, and the ratio of water frontage to lot
size. Size/shape adjustments consider the tendency for larger lots to sell for a lower price per sq.
ft., based on the diminishing value of additional land area above a minimum threshold amount
needed to support construction of a residence suitable for the property. They also consider the
greater desirability of more square-like and rectangular shapes in comparison to highly irregular
and elongated shapes which tend to constrain design choices and raise construction costs.
The adjustments indicate that the main parcel should achieve a sale price per sq. ft. above Sales
7,3,4,5 and 6 (a range of $239 to $339), below Sale 2 at $611, and slightly below Sale 7 at
$427. Consideration was also given to the recent sale in May 2014 of the main parcel for $395
per sq. ft. A value of $400 per sq. ft. is supported by the analysis.
Also considered are the following current listings:
Current Listings of Vacant Waterfront Single-Family Sites
Address
2 INDIAN CREEK DR
4 INDIAN CREEK DR
5840 N BAY RD
5455 PINETREE DR
266 S HIBISCUS DR
28 S TARISLAND DR
1460 W 28 ST
3O8O N BAY RD
420 W 51 ST
851 N VENETIAN DR
Media n
City
lndian Creek
lndian Creek
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami Beach
Miami
List Price
s26,0OO,OO0
s2s,ooo,ooo
s 1s,9oo,ooo
s 11,9oO,OOO
s11,4oO,Ooo
Slo,soo,ooo
57,499,0OO
s6,299,O00
Ss,soo,ooo
5s,3oo,ooo
s 10,eso,ooo
Lot Size
(sq.ft.)
80,000
80,000
37,895
27,860
2L,OOO
40,0o0
20,000
20,500
28,650
15,000
28,2s5
Price
per sq. ft.
s32s.oo
S312.so
S4ts.s8
5427.74
Ss42.86
s252.sO
5374.9s
5307.27
s 191.97
s3s3.33
S339.17
Waronker & Rosen, Inc, €. Real Estate Appraisers & Consultants Page 50
1037
Srttt Cr*prrttr" ep
The listings range from $192 per sq. ft. to $543 per sq. ft. with a median of $339.17. The listing
at 5840 N Bay Road is located two lots south of the main parcel, is similar in size and shape and
is listed for $419.58 per sq. ft. The listings represent the subject's main competition if it were to
be offered for sale at this tirne, and do not contradict the value indication by analysis of the
comparable sales.
Based on the analysis, the market value of the land as though vacant is estimated at $400 per sq.
ft., times 24,425 sq. ft., or $9,800,000 (rounded).
Valuation of the South Tract
The south tract is contained within the main parcel, containing 24oh of its total land area, 50Y, of
its streetfrontage and l7o/, of its water frontage, it is fairly representative of the main parcel as a
whole. As a result, no adjustment is indicated to the market value estimated for the main parcel
for the across the fence value estimate of the south tract. Therefore, based on the main parcel
market value of $400 per sg. ft., the across the fence value of the south tract is estimated at $400
tirnes 5,870 sq.ft., or $2,350,000 (rounded).
Valuation of the North Tract
The north tract is adjacent to the main parcel along its north side, and has the same amount of
street frontage as the south tract, but lacks water frontage, as it extends to a point 30 feet from
the water's edge. Anl.thing constructed on it would however beneht from water views looking
west and northwest over the 30 feet atthe northwest corner of the rnain parcel. An adjustment to
the market value estimated for the main parcel is indicated, but note that the north tract is a City-
owned parcel unlike any other parcel based on its location. Therefore, only a general comparison
to other parcels can be made.
Generally, the north tract is inferior to the main parcel because it lacks water frontage. At the
subject location, where large single-family parcels with substantial water frontage are among the
most valuable in the region, this is a significant factor. It is also superior to otherwise similar
non-waterfront parcels (including those on the east side of N Bay Road) because land on the west
side of N Bay Road benefits from proximity to the water. Based on this, an appropriate location
adjustrnent to the market value estimate for the main parcel would put the across the fence value
of the north tract somewhere well below $400 per sq. ft. but above values observed for non-
waterfront parcels. On the following page is a summary grid of several sales of non-waterfront
parcels in the area, along with two sales of single-family lots that benefit from ocean frontage but
which are disadvantaged by an undesirable shape. The summary grid is followed by detailed
descriptions of each sale.
Woronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 5l
1038
Sales Comparison Approach Land Valuatior, 586! l',1 lg lo!!$io*i leach' FL 33140.
Vacant Land Sales Grid
Following is a grid of the cornparable sale properties used for comparison to the main parcel.
Sale
No,
Sale
Date Location SaIe Price
Sq. FL
Size
Price/
Sq. Ft.
8 April
2013
2057 N Bay Road
Miami Beach
$650,000 6,063 $107.2 r
9 December
2013
116 3rd Rivo Alto Terrace
Miami Beach
$ I ,1 60,000 7,500 s 154.67
l0 February
2013
7830 Attantic Way
Miami Beach
$ l ,025,000 6.250 $ 164.00
1l May
2014
7801 Coltins Avenue
Miami Beach
$962,500 6,s00 $ 148.0 8
12 May
z0t4
1351 S Venetian Way
Miami
$830,000 7,500 $l r0.67
13 August
2013
7833 Atlantic Way
Miami Beach
$3,200,000 r 3,000 $246.1 5
t4 July
2013
7709 Atlantic Way
Miami Beach
$3,8 75,000 13,000 s298.08
Waronker & Rosen, Inc. ,& Real Estate Appraisers & Consultqnts Page 52
1039
Sales Comparison Approach Land Valuation, S]Weach, FL 33140_
Vacant Land Sales Map
(For Analysis of I'{orth Troct)
Vl/aronker & Rosen, Inc. €. Real Estate Appraisers & Consultants Page 53
1040
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Comparable Land Sale I
Location
2057 N Bay Road
MiamiBeach, FL 33140
Property Type
Vacant Residential Lot
Square Feet
6,063
Price/Sq.Ft.
$ 107.21
WAR No.
303636
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is locatedontheeast side ofN BayRoad, with 49 feetof frontage between
N Michigan Avenue and W 21st Street. The location is across the street from the waterfront
parcels.
$650,000
April20l3
2862s12128
Sam Kvitko
Giusi Properties, lnc.
Lot25, Block 16, SLTNSET LAKE SUBDIVISION, according
to the Plat thereof,, as recorded in Plat Book 8, Page 52 of the
Public Records of Miami-Dade County, Florida
02-3227-008-1610
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
Waronker & Rosen, Inc. ,1. Real Estate Appraisers & Consultunts Page 54
1041
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Mismi Beach, FL 33140
Comparable Land Sale 9
Location
116 3rd Rivo Alto Terrace
Miami Beach, FL 33139
Property Type
Vacant Residential Lot
Square Feet
7,500
Price/Sq.Ft.
$ 154.67
WAR No.
303635
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is an interior parcel located on 3rd Rivo Alto Terrace, between East and
West Rivo Alto Drives, on Rivo Alto Island (one of the Venetian Islands).
$1,160,000
December 2013
289791575
Union Mexico Money Support, Inc.
Eight Venetian, Inc.
Lot2, Block 8, zuVO ALTO, according to the Plat thereof, as
recorded in Plat Book 7, Page 74 of the Public Records of
Miami-Dade County, F lorida
02-3233-001-0910
Recorded deed, MLS
All cash to the seller
February 2013 for $1,050,000
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
Vl/aronker & Rosen, Inc. €. Real Estate Apprsisers & Consultants Page 55
1042
Sales Comparison Apprcach Land Valuation, 5860 N Bay Road, Mismi Beach, FL 33140
Comparable Land Sale 10
Location
7830 Atlantic Way
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
6,250
Price/Sq.Ft.
$ 164.00
WAR No.
303633
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$1,025,000
February 2013
28499/3636
Altos del Mar, Ltd.
Macanao Entertainment, LLC
Lot 3, Block 12, CORRECTED PLAT OF ALTOS DEL MAR
NO. l, according to the Plat thereof, as recorded in Plat Book
31, Page 40 of the Public Records of Miami-Dade County,
Florida
02-3202-004-0540
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located on Atlantic Way with 50 feet of frontage between 78th and 79th
Streets, and additional frontage of 50 feet at the rear along the east side of Collins Avenue, in a
gated residential community. The location is one block from the ocean and just south of North
Shore Park.
ll/aronker & Rosen, Inc. €, Real Estate Appraisers & Consultants Page 56
1043
Sales Comparison Approach Land Valuation, 5860 N Boy Rood' Miod Beach, FL 33140-
Comparable Land Sale 11
Location
7801 Collins Avenue
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
6,500
Price/Sq.Ft.
$ r48.08
WAR No.
303634
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
$962,500
May 2014
2914014116
Altos delMar, Ltd.
Henry Ahn and Raye Dube
The West 65 feet of Lots 5 and 6,
MAR, according to the Plat thereof,
31, Page 40 of the Public Records
Florida
02-3202-004-0560
Recorded deed, MLS
All cash to the seller
None in the past five years
Block 12, ALTOS DEL
as recorded in Plat Book
of Miami-Dade County,
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This is a single-family lot located at the northeast comer of Collins Avenue and 78th Street in a
gated residential community. The location is one block from the ocean.
RS-3, Single Family Residence District by the city of Miamr
Beach, FL
Rectangular
Grade level
ll/aronker & Rosen, Inc. *. Real Estate Appraisers & Consultants Page 57
1044
Sales Comparison Approach Land Valuation, 5860 N Bry Rrod'Miod Beach, FL 33!!L.
Comparable Land Sale 12
Location
1351 S Venetian Way
Miami, FL 33139
Property Type
Vacant Residential Lot
Square Feet
7,500
Price/Sq.Ft.
$110.67
WAR No.
303637
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located
on San Marco Island, one of the
$830,000
May 2014
2916212924
Mario Jaile and Mercedes Jaile
Domingo Pardo, as Trustee
Lot 8, Block 7, SAN MARCO, according to the Plat thereof, as
recorded in Plat Book 9, Page 2l of the Public Records of
Miami-Dade County, F lorida
01-3232-001 -06 1 0
Recorded deed, MLS
All cash to the seller
None in the past five years
T3-R, Single Family Residence by the city of Miami, FL
Rectangular
Grade level
at the northwest comer of S Venetian Way and NE 13th Place
Venetian Islands.
Waronker & Rosen, Inc. ..?, Real Estate Appraisers & Consultants Page 58
1045
Sales Comparison Approach Land Valuation, 5860 IY l!)4!o4, M.*i leach, FL 33140:
Comparable Land Sale 13
Location
7833 Atlantic Way
Miami Beach, FL 33141
Property Type
Vacant Residential Lot
Square Feet
13,000
Price/Sq.Ft.
g246.ts
WAR No.
303638
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located on the east side of Atlantic Way, between 78th andT9th Streets,
with frontage of 50 feet on Atlantic Way and on the beach. The location is a gated residential
community. This is an interior parcel with a depth of 260 feet. This was a bank sale by the lender
that foreclosed on the previous owner's loan.
$3,200,000
August 2013
287831tr84
Bank of America, N.A.
Loxodonta Ventures, LLC
Lot2, Block 5, CORRECTED PLAT OF ALTOS DEL MAR,
according to the Plat thereof, as recorded in Plat Book 31, Page
40 of the Public Records of Miami-Dade County, Florida
02-3202-004-0190
Recorded deed, MLS
All cash to the seller
None in the past five years
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
Wqronker & Rosen, Inc. t Real Estate Appraisers & Consultants Page 59
1046
Sales Comparison Approach Land Valuation, 5860 I'{ Bay Road, Miqmi Beach, FL 31!40
Comparable Land Ssle 14
Location
7709 Atlantic Way
MiamiBeach, FL 33141
Property Type
Vacant ResidentialLot
Square Feet
13,000
Price/Sq.Ft.
$298.08
WAR No.
303639
Recording Information
Sale Price:
Sale Date:
ORB/Page:
Grantor:
Grantee:
Legal Description:
Folio No.:
Verification:
Financing & Prior Sale
Financing:
Prior Sale:
Property Description
Zoning:
Shape:
Topography:
Comments
This single-family lot is located on the east side of Atlantic Way, betweenTTth and 78th Streets,
in a gated residential community. It is an interior lot with frontage of 50 feet along both Atlantic
Way and the beach, and a depth of 260 feet.
$3,875,000
July 2013
28757/623
1037 Orlando, LLC
Kadey Family Beach, LP
Lot 5, Block 6, CORRECTED PLAT OF ALTOS DEL MAR,
according to the Plat thereof, as recorded in Plat Book 31, Page
40 of the Public Records of Miami-Dade County, Florida
02-3202-004-0280
Recorded deed, MLS
All cash to the seller
May 2012 for $3,500,000
RS-3, Single Family Residence District by the city of Miami
Beach, FL
Rectangular
Grade level
LVaronker & Rosen, Inc. * Real Estate Appraisers & Consultants Page 60
1047
Sales Comparison Approach Land Valuation, 5860 N Bay Road, Miami Beach, FL j3140
-
Analysis
Sales 8, 9 and 12 are smaller non-waterfront sites that sold in the range of $107 to $155 per sq.
ft. Sales 10, I l, 13 and 14 are all located in Altos del Mar, a small single-family subdivision and
gated community located between Collins Avenue and the ocean. Sales 10 and 1 1 are smaller
non-waterfront lots with partial frontage on Collins Avenue that sold at $164 and $148 per sq. ft.,
whereas Sales l3 and l4 are larger lots with ocean frontage and views, selling for $246 and $298
per sq. ft. Note that Sale 13 at$246 per sq. ft. was a bank sale of a foreclosed property and likely
reflects distressed or liquidation sale conditions. After adjusting for this, this sale indicates a
value nearthat of Sale 14, which is identical in size and shape and has a very similar location.
Note also that Sales 13 and 14 are disadvantaged by a very narrow shape (both have a depth of
260 feet but a width of only 50 feet), which would severely constrain development and design
possibilities. It should also be noted that though these have ocean frontage, they are set back
from the beach some distance, slightly diminishing the quality of the views. The shape and view
factors help explain why these properties achieved a lower price per sq. ft. than the market value
estimated for the main parcel, in spite of the fact that they are a very scarce type of property in
the local market (single-family lots with ocean frontage).
Conclusion
The inferior non-waterfront sales ranged from $107 to $164 per sq. ft. The two waterfront sales
are at $246 and $298 per sq. ft., with the lower figure requiring a positive adjustment for
conditions of sale. The two waterfront sales are inferior to the main parcel, mainly due to severe
shape disadvantages, and achieved values per sq. ft. within the range of all but the two highest
sales considered in the main parcel valuation. The sales indicate the following ranges;
Non-waterfront sales (Sales 8 to l2)
Atlantic Way (Sales 13 &.14)
Main parcel sales (Sales I to 7)
$107 to $164 per square foot
$246 and $298 per square foot
$271 to $61 1 per square foot
The analysis indicates that a large negative adjustment to the market value estimated for the main
parcel would be appropriate. This would put the value below the range of the rnain parcel sales
(Sales I to 7), above the range of the non-waterfront sales (Sales 8 to 12), below Sale 14 (which
is severely disadvantaged by shape but which benefits from ocean frontage), and near Sale l3
(which is very similar to Sale l4 but which was also a distressed sale). Based on this, an across
the fence value of $250 per sq.ft. is indicated. At 10,215 sq. ft., this equates to a value of
$2,550,000 (rounded).
ll'aronker & Rosen, Inc. €, Real Estate Appraisers & Consultants Page 6I
1048
Sales Comparison Approach Land Valuqtion, 5860 N Bay Road, Miami Beach, FL 331!0.
Potential Impact on the Market Value of the Main Parcel
Based on the across the fence values estimated above, the netvalue of the proposed land swap is
$200,000 (the amount by which the value of the north tract exceeds the value of the south tract).
The reader should note that the across the fence values estimated above do not consider the
potential impact of the proposed land swap on the market value of the main parcel. In other
words, they ignore the possibility that the value of the land swap to the owner of the main parcel
may be higher or lower than the net value based on the across the fence values of the north and
south tracts. As a result of the proposed swap, the main parcel would be impacted by the
following changes:
. Water frontage would be reduced from 150 feet to 125 feet
o An enhancement of the utility of the north 30 feet of the existing water frontage as a
result of the annexation of the north tract, which would make possible better quality
views from that portion of the water frontage.
o An enhancement in the overall shape of the parcel, which is currently disadvantaged by
having a 1,647 sq. ft. semi-"orphaned" segment at the northwest end on the waterfront.
The boundary at the southeast end would become irregular, but this occurs at the street
frontage where it has much less irnpact than on the waterfront.
o The overall size of the parcel would increase from24,425 to 28,770 sq. ft.
The net impact of these changes is likely to be neutral to slightly positive, making it possible that
to the owner of the main parcel the value of the proposed land swap could be greater than the net
value based on the across the fence values. However, these factors were not considered and are
not reflected in the across the fence values estimated which are based on market value and not a
value to an adjoining owner.
l{oronker & Rosen, Inc. N' Real Estale Appraisers & Consultsnts Page 62
1049
Reconciliation Land Valuation, 5860 N Bay Road, Miami Beach, FL 33140
Reconciliation of Value
The reconciliation process considers the approaches which were utilized in this report. Each
approach to value is analyzed as to its reliability and applicability. These approaches indicated
the following values:
Cost Approach
lncome Capitalization Approach
Sales Comparison Approach
Main Parcel
South Tract
North Tract
Not applicable
Not applicable
$9,800,000
82,3s0,000
$2,5 50,000
The cost approach estimates the land value and adds the depreciated value of the improvements.
As the land being appraised is vacant, this approach is not applicable and was not applied herein.
The incorne capitalization approach analyzes the projected income and expenses of a property
and capitalizes the net income into a value estimate. Typically vacant land is not purchased based
on its ability to generate income. This method is not applicable and was not applied herein.
The sales comparison approach compares sales of similar properties to the main parcel and is the
only applicable approach to value. These sales were analyzed for differences such as conditions
of sale, financing, market conditions, location, zoning, shape/size, and other characteristics. The
strength of this approach relies on the quality of the comparable sales. Sales which closely
resemble and can be compared easily with the subject are most desirable. The sales utilized were
considered cornparable and make the sales comparison approach the only reliable indication of
value. It was used to estimate the market value of the main parcel, and also the adjustment
needed for the across the fence value estimate of the north tract. The across the fence value of the
south tract is equivalent to the market value per sq. ft. of the main parcel.
As the main parcel and the north and south tracts are valued as vacant land, total reliance was
placed on the sales comparison approach, Based on the analysis, the market value of the main
parcel as though vacant as of May 31,2014 is estimated at $9,800,000, the across the fence value
of the southtractas of May 31,2014 is estimated at $2,350,000, and the across the fence value
of the north tract as of May 31,2014 is estimated at $2,550,000.
Ll/aronker & Rosen, Inc. '1. Real Estate Appraisers & Consultants Page 63
1050
ADDENDA
RPORATED
ll'aronker & Rosen, Inc. ,i.Real Estate Appraisers & Consultants
1051
ADDENDUMA
COUNTY AREA DESCRIPTION
Waronker & Rosen, Inc. ,?Real Estate Appraisers & Consultants
1052
Miami-Dade County and Area Description
General Overview
Miami-Dade County, often referred to as "Miami" is known internationally for its weather,
beaches, banking, find art, shopping, and Latin culture. While many pass through the Cruise
Capital of the World, 2.5 million people call it home.
Miami-Dade County is at the southeastern tip of Florida and is the south-easternmost state in the
continental United States. Its land area is approximately 1,946 square miles and is bordered by
Broward, Collier, and Monroe Counties to the north, southwest, and south, respectively. The
county is bordered by the Atlantic Ocean to the East and Everglades National Park to the West.
Demographics
As of the 2013 Census report, Miami-Dade County has 2,496,435 residents. Over half of those
were born outside the United States; 70 percent fall between the ages of 25 and 55. As depicted
in the following graph, the county's population has risen steadily since 1970.
Miami-Dade County Population Projections
2015 Projection
based on 2011
Estimate
Percentage change
2011 to 2015
2020 Projection
based on 2011
Estimate
Percentage change
20ll to 2020
2,591,790 3.8%2,717,631 4.9o/o
Miami has a positive reputation for intemational business, and developers are marketing their
new projects to those individuals. Therefore, the county's population is expected to increase at an
even greater rate approaching the year 2020.
llaronker & Rosen, Inc. *Real Estate Appraisers & Consultants
1053
Miami is the largest city in the County. Other populous municipalities include Hialeah, Miami
Gardens, Miami Beach, and unincorporated land. Actively growing are some new cities since
2000 such as Cutler Bay and Doral.
Brief History
Miami was founded in 1866 after the end of Spanish rule in Florida. Before the tum of the
century, prominent figures such as William and Mary Brickell and Henry Flagler established a
.o*rnunity and connected the young city to the rest of the United States. Island people moved
here for work.
In 1910, John Collins discovered fresh water on Miami Beach, and within a decade, the
population soared, and businessmen bought up the land. The city quickly became a popular spot
^foi tourists, but it crumbled under the hurricane of 1926. During the decades of war, parts of
Miami-Dade County became training grounds for military. Residents then slowly built back up
the tourism industry.
The early 1960's marked the beginning of the arrival of large numbers of Cuban Refugees into
Miami-Ijade County and South Florida. In the years following, significant numbers of
immigrants have come from Haiti, Cuba and other Latin American countries.
Government
Miami-Dade County has a strong mayor form of govemment, with nine elected individuals (one
mayor and eight commissioners) making up the Miami-Dade County Board of Commissioners.
Thi mayor appoints a professional administrator to manage the daily activities of the county
government and a county attomey to handle its legal matters.
Some governmental activities, services and functions previously handled by individual
municipalities are now handled by the county. Among these are real property assessment and
valuation, health and welfare, most water and sewers, traffic engineering, public libraries, public
transportation, public housing, urban renewal, seaport, airport, regional parks and air and water
polluiion contiol. In addition to these, Miami-Dade County provides
_
services to the
unincorporated areas of the county such as: police and fire protection, building and zoning
regulatibn, trash and garbage collection and disposal, parks and recreation, consumer protection
and corrections and rehabilitation of adults and youth offenders'
LYaronker & Rosen, Inc. .l'Real Estate Appraisers & Consultants
1054
Economic Base
The primary industries that support Miami-Dade County's economy through employment are
trade, transportation and utilities, followed by education/health services and government. The
most known is tourism, a major industry for Miami-Dade County. The following chart reflects
the county's demographics by trade, with tourisrn ranking the highest number of companies,
followed by retail and finance, insurance and real estate.
Miarni-Dade County
Demographics by Trade
s0000
45000
40000
35000
30000
25000
20000
15000
10000
5000
0
r No. of Companies
Source: The Beacon Council
A year-round growing season allows the agricultural industry to be the top vegetable supplier
and producer in the country. The industry employs more than 20,000 people and produces more
than $2.7 billion in economic benefits each year. As a result, agritourism has sprouted an
industry throughout the agricultural area where visitors can sample and purchase locally grown
products.
Yl/aronker & Rosen, Inc. €.Reul Estate Appraisers & Consultants
1055
Transportation
Miami International Airport (MIA) and its linkages are considered to be the driving force for
growth behind its surrounding area. Airport traffic in 2013 included over 40 million passengers,
2 million tons of freight, and 2 million tons of cargo. Other airports within the county include
Kendall-Tamiami Airport and Opa-locka Executive Airport. The aviation industry directly and
indirectly contributes $26.7 billion and282,043 jobs to the local economy.
PortMiami annual activity includes 4.3 million cruise passengers and 7.4 millions of tons of
cargo. The port contributes more than $27 billion annually to the South Florida econorny and
helps provide direct and indirect employment for more than 207,000 individuals. It is currently
undergoing construction for a two-way underwater tunnel between the port and downtown
Miami. Scheduled to be completed in 2015 is the Deep Dredge Project, set to deepen the
channel from its current 4Z-foot depth to minus 50 feet in order to accommodate super cargo
ships now being constructed.
Within Miami-Dade County, major roads include the Palmetto Expressway (State Road No.
826), a major north/south expressway; the Dolphin Expressway (State Road No. 836), a major
east/west expressway; Interstate 95 and the Florida Turnpike. All of these represent Miami's
expressway network and make almost any destination in Miami-Dade County within 30 to 45
minutes driving time.
Transportation systems include a Busway in south Miami-Dade County linking to Metrorail, an
elevated rail rapid transit system connecting portions of Miami-Dade County. In July 2012, a
new Metrorail station in MIA links south Miami-Dade County, downtown Miami and the entire
elevated rail line. The enables seamless connections to the Metromover systems and to a web of
transportation arteries in neighboring counties leading to the rest of Florida.
The Miami Intermodal Center (MIC) links the airport, East/West Rai[, Amtrack, Tri-Rail,
Airport/Seaport Connector and Metrorail mainline rail. Located near the State Road No.
836/State Road I l2 Connector, it presently contains the bulk of the rental car agencies. East of
the airport in the future it will contain retail, commercial, residential and tourist-designed
development.
The Metromover automated people mover system is located in downtown Miami and is an off-
shootof the Metrorail system. There are also Metrobus buses, mostof which are in service daily
throughout the county. The Metromover system includes the Brickell Avenue financial district
and also runs north to the Omni area. Other transportation services in Miami-Dade County
include Tri-Rail, railroads and taxicabs. Railroad service by Amtrak is accessible in northwest
Miami-Dade. Tri-Rail is South Florida's commuter train system which services Miami-Dade,
Broward and Palm Beach Counties.
Education
Based upon student population, the Miami-Dade County School system is the fourth largest
public school system in the nation with 415 institutions including elementary, middle, high, K-8,
charter, alternative and magnet schools. Many private institutions exist as well.
ll/aronker & Rosen, Inc. €,Real Estate Appraisers & Consultants
1056
Several colleges and universities located in the county are University of Miami, Barry
University, Florida International University, Miami-Dade Community College, St. Thomas
University, Florida Memorial College and Johnson & Wales University.
Medical
Miami-Dade County has the largest concentration of medical facilities in Florida. The largest
institution is Jackson Memorial Medical Center, the second largest public hospital in the nation
which shares many teaching, treatment and research capacities with the University of Miami.
Private hospitals include Baptist Health System, Mercy, Miami Children's, and Mount Sinai.
Sports
Professional, college and even local neighborhood sports draw spectators, participants and
investors to a high degree and create a positive atmosphere. Professional football (Miami
Dolphins), basketball (Miami Heat), baseball (Miami Marlins) and ice hockey (Florida Panthers)
are continual draws. As of January 2014, business negotiations are currently underway to bring
Major League Soccer to Miami. There are two horse tracks and a dog track. Several of these
tracks have been approved for slot gambling or table gambling, depending upon location in a
municipality or Indian reservation. Also offered are golf, tennis, as well as the numerous water
sports, given the significant bodies of water.
Arts and Culture
Known for the wealth of ethnic diversity and heritage, Miami-Dade County has a cultural mix of
festivals, concerts, theater, and dance performances. Adrienne Arsht for the Performing Arts of
Miami-Dade County opened in 2006 and is home to the Concert Association of Florida, Florida
Grand Opera, Miami City Ballet, and the New World Symphony. The county is also home to
several museums and wildlife attractions.
Summary
During its history, Miami-Dade County and the Greater Miami area have experienced significant
changes and groMh. Trends indicate that the growth will continue with Miami-Dade County
rapidly becoming an intemational city with a diverse culture. The economic base and the
bilingual population should continue to attract new residents and businesses into Greater Miami.
Sources including, but not limited to:
United States Census Bureau (Jan. 2014). http://quickfacts.census.sov/ofdistates/12ll2086.html
Miami-Dade County Portal (ian. 20I4). www.miamidade.sov
The Beacon Council (Jan. 2014). www.beaconcouncil.com
Federal Reserve Economic Data (Jan. 2014). http://research.stlouisfed.ors/fred2l
Miami Herald (various articles). http://www.miamiherald.com/
ll'aronker & Rosen, Inc, 8.Real Estate Appraisers & Consultants
1057
ADDENDUMB
LEGAL DESCRIPTION
ll/aronker & Rosen, Inc. &Real Estate Appraisers & Consultants
1058
Parcel A:
Lot25,in Block l-A or LA GORCE GOLF SUBDIVISION, according to the plat thereof, recorded
in Plat Book 14, at Page 43, of the Public Records of Miami-Dade County, Florida.
Parcel B:
Commence at the Northeast comer of Lot 25, Block 1-A, LA GORCE GOLF SUBDIVISION,
according to the Plat thereof recorded in Plat Book 14, at Page 43, or the Public Records of
Miami-Dade County, Florida: thence Northwesterly along the Northeasterly line ofthe aforesaid Lot
25, a distance of 193.5 feet to a point of beginning of tact of land hereinafter described; thence
Northerly 54.9 feet more or less to a point on the Southwesterly line of Tract A of Subdivision of
Latz(,Block l, LA GORCE GOLF SUBDIVISION, according to the Plat thereof recorded in Plat
Book 38, at Page 67 of the Public Records of Miarni-Dade County, Florid4 said point being 215.1
feet Northwesterly from the Southeast comer of the aforesaid Tract A; thence Northwesterly along
the Southwesterly line of aforesaid Tract A, a distance of 30 feet more or less to the water's edge
of Biscayne Bay; thence Southerly meandering the water' s edge of Biscayne 54,9 feet more or less
to point of intersection with the Northeasterly line of Lot 25, Block 1-A, LA GORCE GOLF
SLIBDIVISION, according to the PIat thereof, recorded in Plat Book 14, at Page 43, of the Public
Records of Miami-Dade County, Florida; thence Southeasterly along the Northeasterly line of
aforesaid l-at25, a distance of 30 feet more or less to the point of beginning.
Waronker & Rosen, Inc. .?Real Estate Appraisers & Consultants
1059
THIS PAGE INTENTIONALLY LEFT BLANK
1060
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: August 28,2014
SUBJECT: MacArthur Causeway Safety
Please place on the September 1Oth City Commission agenda a discussion item regarding
ways to enhance safety of and reduce accidents on the MacArthur Causeway. Attached is a
summary of the numerous accidents on the MacArthur Causeway (within our City limits) for
the past year.
Thank you!
lf you have any questions please do not hesitate to call our office.
lvltAMt&g&cB4
Commissioner Micky Stei nberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax: 305-673-7096 / www.miamibeachfl.qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We are committed to providing excellent public setvice and safety to all who live, work, and play in our vibrant, tropical, historic community.
Asenda ltem 11? R
Dar- q-/0-/t{1061
dddid
ooooEt&.tUUUU(,(9(,(9ooooAAtdd) dl co co\\\\
dFlrlH
EttG.
dl cll cll coUUTU
B=ii
(J L) (J (J
f3lf-c -c -c -crttt
0900oooo
dN@(f)(o oo (o F..ooorostr)o)fnstoodHdddH
mmmmdtddooooNNNN
(n cn ro rn
ooooNNNN\\\\(f)(orn@
dN\\\\ooototdd
o&.
U(,6a
co
d
G,
d)u
;
U
5st
ao
rnNFl<fod
(o
doN
rn
oN
d d d:l- - d d r{ d d d d d H d d H n
ooo.l...^.dooooooodo
I
dl_
o o o.l. . o o o o o o o o o o o o o
I
I
I
II
II
I
I
I
I
Tt^^^
Idddiidddddddidd
ad e. &. G. &. e. G. d. d. G. cE E d. d. e.atn v1 Vt q 0 O A, 6 tn rh Vl q 6 6 At
!EFFFFFFFFFFFFFFlvt rJt rlt 0 0 tn rrt th vt 0 o Vt v, vt vt
l---------------IFFFFFFFT-FFFFFFFlln Ln Ln rn r) r) tn rn rn 6 l,) r) r) tn rnt\\\\\\\\\\\\\\\\
d d H dld d d d d t Fl H d d H d F.l d H
d. E E G.IC. G. E d. d. Ca G. t t d. E E c. E. G.t1 rh vt qao vt at th 0 0 ttt 6 tJt \h v) 0 6 6 tn
d) cO co cDld) @ dt co co dl co co d) co cu co d! 6 d)uuuulruuuruuruuruuuu
3 3 3 3l= ; 3 = = = 3 3 3 3 ; = 3 B
=.!'! .q v.! qaq 6 6 q q q q 6 q 6 6 q 6 6 q(J (J (J (JIU U (J U (J (J U U (J (J (J (J (J L) (J
LIL L L ! L L:, f 5 =l= f I f = = 3 I f f 5 5 3 f l-c -c .c =l-c .c -c ! s = -c _c _c ! -c = -c -c -cEEttrlEttrttttttrtttttE
I O I 9lA O 9 I I I 0 I O I A 0 O I IG O G OIG G @ O O G G O O O O O O O O
E 3 H gIH
E T e E E U f; $ E il H H H Eg*ixl*tt**t*iEiriisi
R R R RIR R R R R R H X X R R R R R R
s$*sl**$$s$s$s$*$$$s
:.:__:[ .._
o o o o N ol. . . -
I
ooooool....
Ifrl
=l- P lxhhh
= gooalXzzz.
EA9EEEIEg=q6g=gggl$999
ddddddldddd
t c. G. ca oc dle. e. r. tvl 6 t l 0 q 6av1 r^ tA q
- - -t-
= ; 3 3 ; =13 ; = 36 6 6 6 6 qa6 6 6 6(J U U U U UI(.) U U U!g r - -f f f f f f lf f f fE.c.cES=lS-tr-CStrrtttltrrt
u 0 o I I 919 U I Io o o o o olG o o c
sreIil$l$g$q.6irimohnls-9+
HREHHHIHIHH
3 = i i 3:l* * = =
B$$$B$l$$$s
oooo
oooo
GOc .!I3 Sooaoca--
c,E
oU
EI
lEfooor
T'o
o
CLo
E,
t^
(rlp{.
C)N
<or>o(!P>.n<F{E}=\dor
)
t-
(!
.tcf
tro
(!
.9
IAo
c
c
OJ
ro !t
={
oe.
d.
G.UrozsI
GU-lr1r
d
cc
cou
3
U
f!t
IG
(n
oodd
oosdoN
stdoN
NN
t.
ooGG.
G.t&. &.UUruooz. z.tsth6
tdUU--126
r4
aaHd
E, E.99
ao coUU
==UU
c-c-cott'844r!Od96o:>>
*3.{SH:Neino=Nx
st stHd9RR6\\ANO
dN
1062
d d d d H Fi d d H H d d i Fl i-.1 d d
dFIOOOOOOOOOOOdOOd
oooooooooooooooooo
UUUUUUUUUUUUUUUUU(,(9(9(.2L,(9(,(,(9(9(9(9(,(9(,(9(,
o6000000000006000
G e. e. e. G. E e d. G. G. t G. G G. e. e. d.d) dr dl dl co d) co dt d) d) co d) d) co d) d! co
FFFFFFFFFFFFFFFFF0 tlt ct vl o tll 0 6 6 6 6 ah @ ah ah ah 6
UUUqUUUUUUUUUUUUU\\\\\\\\\\\\\\\\\aaaaaaaaaaaaaaaaaddddididdHdFldddHd
&. t E &. t &. G, d. d G. E G. d. d. d. E tttt c, th th q 6 .r\ rtt (h vt 6 vt vt tn o th \i
co d) co co d) co co co co dl cD d) d) co dt d) d)UUUUUUUUUUTUUUUUU
==3==33=33=333333q60666qqo666UU()U(J(JU(JU(J(J(JUUUU()
LLLL!LL!LLL5ffflf===15=Jffff! -g -c -c -c r s E E -c ! _c .tr -c -c -c -cttrrttststrtttsrtsrtt
99900999UOA9AOUUOooGGooooG60606G60
U(,o
t
co
F
U
o
du(9o
t
co
d
E.I
d)r
f
t
I
@
mmN(o
Ol
stdoN
sf
N
o)NoU]nd+6m9oc.r@NomN(o(oF-(ONF\+6O)
F.. ro in olt dt + O N oi fi N (o d O) d @ (o
; in in ci in n 5 o 6i il d ro d ot (o rn @iHdNNNNcoNHqd?n9999lil-,{ill..{.'{fT'i i I i'ilcr)cofn(f)cn(nm(n(ndddHddddd:nnddHF{dooooooodcr)-loooooooNNNNNNNNNXNNNNNNN
ssssiiiiiis:ssr=s=
sssS$sSssssgsssss$sHHHii=ii}}NSxs#sss
d dd d H d d d H Fl d Fl H d d H d d d d d d d dd
O HOdO d O Od OO O O NOOOOOOO Ft O<f O
ooooooooooooooooooooooooo
TIo
o
CLo
0a
(a
c
o,p
L'rJ
G
3ot^
=G(J
=
L
L'(!
=
oo-
EO
=
+
N
ol
o
(n
N
(rl
oooooooooooooooooooooooot E &. E G. d. d G. d. G. G. t e. E c. G. E d. d d. E E E d.UUUUUUUUUUUUUUUUUTUUUUUUI 9!2 I !' I I I (, (, (, (9 (, (9(, (, (, (9 (9 (9 (, (, (, (,ooooooooo6000006aooo6666
E G. E d. E e. e. ca G. t d. G, G. ca G. c. E G. E G. d. d. d. G.cD dt d) dt d) dt co co co dt d) d! co co co d! d) d) co co ao co d) co\ \\\ \\\ \ \ \ \\ \ \ \\\\ \ \\\ \ \\
d F{ d d d H d H H F{ d H H dr{ d d d d d J .i rj F.
E e. t &. t E E E E G. t d. t E d. d. E t E E_ t d. d. ccs 9 I I I I 2 I I I I I I 99 I I I I I I I I sco dl co d) co dt dl co d) d) co co dl co dt d) co co co co c6 co m dUUUUUUUUTUUTUUUUUUUUUUUU
3333==33=;==33=3333=33386qqqqqoq66q6666666666(J (J (J U U (J U U (J U U (J U (J (J (J U U (J (J (J (J U (J
LLLLLLLLLL!!f lf 55 J J = f f = f f lf f Jf f f f f 5:,.c -c ! -c r -c .c -c -c -c ! -c .c -c -c -c ! -c s, _c, E < _c -crrttttrr rt tstrEEttrrttErE
I O o I A I I A s I I I 0 I U l' Li Ci O I r' O O O.= q qlo o o o o o G 6 o o o 6 G o o o 6 G o o E o
f N<f,@sronC iti.i e db 6 il e.r r^ ro N \o @ q N st (o ro (n or d or sl @ o.E sEsgEssB+43h{8fr Efr gdEEEBSy d NN m s < m6 d <f Ln 0o i m(oo (ooo (o m Ln ttN F.iE- ; ;.j ; ;i ;i + f -,' I f f I q 1 T T I Y {' {' T \ "P.9p .6 c,h d1 rn $.Jr i i =q n I I + a A a $ + + + + + + +
E idddd.iOdnHHHiddHdddHddtdr^ ci 6c' ooo^xRRRRRRRRRRRRRRRR
O NNNNNN
s gggsPPr,
€ $s$$$$$$$s$$$s*s$s$$$$$*
1063
ddddHHdHddid -:l-Hdd d dd dd d H ddil d ddH
o ooo o r o d N H do.^l.o o ooooo d ooo Frooo o o
Hdl
-lHd
oooooooooooo..l.oo oo ooo o ooo do oooo
ooooooooo.....lEttte,G.G.tttdEc.da
d, G, ct G, cc cE d E E G, E t c, G,aEtEeEG,d,G,tEEEe.e.lHHHHHHHHHHTHHHIooooooooooooool.i 1 1 1 i 4
=
i
=
1 < i i
=1,
2 2 2 2 2 2 r' n Z Z Z Z 2' 2 Z
E. E. d T, E T, E, E, C. E E G. E E.IT- F F F F I.- F F F F F F F F F F F Fa u u u u u u u u u u u u ulZ Z Z Z Z Z Z Z. Z. Z Z Z Z Z Z Z Z Z- -- -- rr - -- - - I-If f =f f D>)f >f f t=f =)=f6 6 6 6 6 6 6 6 q 6 0 9:2 !2lo o o o o o o o o o o O o O O O O Otr E d E E E tr tr r tr E E EEIE E E tr- r r r r !L r r u r I r u u u\ \ \ \ \ \ \ \ \\ \ \\\l\ \ \ \ \ \ \ \\ \ \\ \\ \ \ \\a aa aa aa a a a a aaala a a a a aa aa aaa aa a a a aH d d d d d d d d d d d ddld d H d d d H d il H d Fl d Fl H d ; d
&. G. e. G. E t E d. d. t ct ct t tlE G t G. E e. &. e. t E E G. t d. d. d. d. E
99999g999ct q tA q oaa 6 6 vt t, tn o th 6 6 0 vt 6 vt \h tn \h th
co co 6 co dl d) dr dr dr ;;;;;l;;;;;;;;;;;;;;;;;;u uu r r u u u u u uuuulu r uu r uu uu uuu uuuu uu
B 3 3 3 = = = 3 B = 3 3 3 313 = B = = ; 3 3 3 ; 3 B 3 3 3 ; 3
=333338883 3 33 331388 88333 U I I 8U I I I I IL ! L L Ll L ! L L L Lf :, f I f 5 5 5 I = = = f =lf 5 5 =l : :' f f f I 5 5 f f :, f f f
= E E -q r -C E E E E E E -C -Cl= E ! -C, r -C -C -C S r ! S S S, S, E E.C,trrrrtstrtsttrrrtltttrtrrrr ttsttE tErE
I I I a I I I I I I I g u 919 9 9 I I I o o o 9 9 I Li c, O O ri Oc 6 6 6 O O O O G G 6 O G GIO G O 6 G O O 6 G G O 6 O O 6 6 G O
uEggq+vefi h $$ illlEEE N fi3s$ s il i Hr R fr HH $
**THHHHHHHHH iHI*** H * **i i H H HHH H HH H
$ $ $$ *$ $ s * * ss $El* $ $ $$ $ $ $$ s $ $$E $$ $ H
d
N
o
oG
d.E,UIoz
JI
tUIIr
d
E,
d)U
i
(J
fEt
Io
(o
sf<lr/)dd
rodoN
(n
d<)N
d
t-l
o
o
U(,o
d
co
F
U
a
coU
;
==t
Io
@oo(o
O)
sldoN
+doN
@N
@
ddHdHHHdFl
NOOdOOOOO
!to
o
CLoc' oooooooooIA
=sp{
uN
<or>otEP>6
iF{T}=\,'Y Cr
L5
-c
L
=
t99(9(9(,(9(9(,(9: ooooooooo
aD co dt dt dt co d) co d)
FFFFFFFFFvlqvl 0006tJ1 vt
UUUUUUUUU\\\\\\\\\
dddddiddrl
E, G. d, G. E. T. G. E. E,993'9299999dlcococoocodtcodtUUUUUUUUU
B=;3=3;3360q6qq600(J(J(J(J(J(JU(JU
!LLllffff=ff-c. ! E s, s, -c, -c, -c. Etststtttttt
_- I I I I O A O O I
-.!loo66oGooG
fa strnOm<lOOl'\O)O)
= N(oNmdNC)6m(, d(Od)(o@NNdf..'E (OOH(ooOSsfOd6 Y9999tT??OO sl$<f+sfsr<fstst--
U C!NNNNNNNN
c
= SssSSg==Ii oxxooxoooA 6 C.F F C.q.F qqqEP Xs-n-5Ne-R:9C E l: ,o- .o-.o b- *- }.
"o-."o-.
1064
-l I
o
ELo
i oooooo
Es
EN
{.'>o(!P
E35;
=-ctE 6d6dtt6dihhb6aIAAAAAAAAAA;;;A;Al looooooos
=============iiit==========,1=ii1iiffi 6 6 E E EIH H H H H H Ha d a E a a eAAd E d aalE E E E E E E E E l
333333333333331333333333333333313333eel{ f; = s f; + fi
a a a E s s s a a a a g a aIE e a g s s s s E 6 s a s s s gIs s A a E sE s E E e$x"
m fl fl s fr fl fl fr fl fl fl E m mlr E s s fi fl fl fr fl fl s s ts fr fl flln e n E E sl=
=
E
=
g
= =I I I I i I i I i I i I I ill I r i I i r r i, i r i r r rli I i r i rll I I r i I IU 3 u I3 3 3I I3 3I I313 I3 3 3 3 3I3 3I I I I I818 I I I I818 I s I I I I;::: =:::::::::l::: = = = = =::::::5 =l:: =:::l:: =: = = =i € E t t t E r E r E E E uE i i t t t € € € € € f € t t €l€ € € E € €l€ € € f € r €E E t 6 t E E E E E E E E llE E t E t E t f f 6 t t t 6 6 6l{ 6 6 r 6 slr r r n n n n'E s s s s s s s s s s s s s sls s S s S S s s s s s s s s s gls s s g g sls s s s s g sf
5 F B s n H,
H H H H E $ H El[ $ i H $ i E H I E E
g
E H $ Sli I i $ $ E|i i I I fi H H
E frT}+hh
E iXHHHHE+ss*sss**ls$$$$$ss*$$$s*$El$s$$s$l$s$$$s$P- i33333E NC.srsIqeE P OKRNRR
3 i +++i-;
1065
d Fl d r.{ H d d H d d d d d H d d d d d d d d d d d d d d d d d d
o d d o N d d od ooo H o d(nN o <t o o oN d oo o o ooH
OOOO O O O FIOOOOOO O O OO OOO OOOO OO OO O O
hEF:FFFF FFFFFF F FFFFFFF FF FFF FFFFF6 6 6 6 Ut q O O 6 0 At 6 V) O Vt an Vt q Vl it atl a, 6 6 at 6 u1 0 6 0 -6
z z z z. z z z z z z. z. z. z z z z z z z z. z z z z z z z z. z z. z
FT-F F FF F FFFFFF F F F F F FFF FF F FF F FFFFz z z z z z z z. z z z z z z z z z. z. z z z z z z z z. z z. z z z) l f f I f ll f r= = f D f ) f I = I I tf = I f :t f f f fooooooooooooooooooooooooooooooorrrr4Lurrrruu[[LrrrqruurLrurrIq\\ \ \ \ \ \\.\\\\\\ \ \ \ \ \\ \ \\\ \ \ \ \ \\ \ \
ddd d dd ddHddHd dd d d d FlHd dd d d d ddFlSd
E E CC E G. d. d. t CC G. e. d. G. d. G. G. E E 6. E G. E e. d. G. G. d. E C. E Gtlt o 6 ttt ttt th tA q vt 6 vl 6 at th th th 0 0 vl 6 \h rtl \h \h th o v) o 6 tll vl
co d) co d) dl co ro clt d) dt d! co d) d co co co co dl d) co ao @ co d) co co cD dt co co
===========B===3=====3=3=======33333=3=;3;333=3=3==3=3==3=33==qoqqqq6q66q66q66q6q666q6qqq6qq6U (J U (J (J (J (J U (J (J (J (J U U (J U (J U (J (J (J (J U U (J (j (J O (j O UL!LLL!LLLL!Lf f f f f = f :rf f f f = f f f f lf I f =f J J5 f f = f 5
€ E E -C -C S .c -C -C -C -C = -C < l: -C E E -C ! S S -tr -c: -C -C -C E _C. E -C.rrr ts rrrrrrrEtsrrrrrrrr TEEEEEEEEE
a o o I I I I I I o O I I I A O Ct O I I O Ci (i Ci (' O 9 O O O OoGGGGGO66060000G600GoooooGGooGo
o
&.
UIoa
CO
a
e.
12
co
=3
LJ
l
=ts
Io
HNsf(Y)
@
sldoN
I S D I 3 il fi 5 3 5 H 3 E + 3 3 3 3 I I ^ (o d d h e ee o, o e r-ERSEssBsfl SEENRRRBNXHS*FNiEiqNqE6 bb 6 - i -irini Ncncnrrt.rt rrt ivr < + + + ry + id id I I =
<r F d Nd : - ; d d d Fi - d d d H J r n e ; n n E + + l' I I I TTdl dl .Jr .6 $ r;1 rJr r;1 .Jl "A .i cA ri .;l 16 r'5 .6 .i cn c6 = d H d -. -, + + <i + +J Ji J;; il i.i;i dd d H dd:: .i ; lj 9diidn n n d d d dRRRRRRRRRRRRRRRRRRRR^XXXRRRRRRR
xs*sxs$ssssss$$ssss$sgsssssssss
ddddHdddHdH
oooooHodHoo
ooooooooooo
sf
N
or
o
(Yl
N
C,)
ooooooooooG,G,e,G.CCEG.dE.d,
UUUUTUUUUU(9(,lo(9(9(,(9(9(9(,ooooooooooG.AAAA&AAAAcocodldrd)coaooaoco\\\\\\\\\\aaaaaaaaaadddHddddHi
Ee.G.d.ccG.&.Ed.G.9999999999
d)6@co@cococod)d)
=B=3======33==33;33;666q66qqq6UU(.)(JU(-)(JUUULLL55f5ffff=l.c<-CEEEEE.E=
99U9AOUO99
-_@ooGoo6@Go
- (oNstF.o)@u1oF\t.
= oOrom+o)oru)@O(olJ rnN(oNr\rdosfsl'E sloroo<f (oo)rosf o)E IlTTTTT\I\U0 ssssssssss--f, oooooooooo
TJ NNNNNNNNNN
; =is=ii=::EH RFRRFFRRRF
=
\J-\\a-.i\\\^^-.: \s,<.eFNq.eq.F
U N r.t- 6 st <l\ s,\ rn F. r\ F\\
-,o
o
TLod,
1A
coT''o
I
(!
3
o)
aa)oL)
)
-cL
(!
=
1066
_:l- d d d
-_l_ooo
I
I
I
I
I
Il-
.-l_ooo
;EEEEE;EE"I
111112111#E:::
========Z==l=ilhilF'HHHHHHHHHHIS==3
ssssssssss=lssss
E E d, e, d, d. G. G. t G. dad G d t6vtth\h0ooo666a66a6;; ; ;;;;;;;;I;;;;
====3======lB=3=B = 3 3 3 3 B 3 3 3 3l; = ; 3{ f { { { { f f { { f l{ { { p
5 f f f f f f f f f f lf f r ri i i n € E i i i i EIE E E E
I A O I I q I I U I OIU O O U
s s s s s s s s s s sls s s s
:sxntxnEuppl3g$B
E E E $ B t I I I i its s s eRRRR^-XXXXXIRRRR
**sss$$$*FFl$$$$
UJv\
J
z
=eUF
H
t
d)
=3
(J
5
-cr
Io
Ol@Niod
mHoN
F
zaFzfor
d
E.o
co
=
=
f
t
o
o)N!D
@ol
<tdoN
st
oN
c'l
i Fl d d H d d il 3 H d Fl d d d d d d d H d !.t d d d d d
\t N d O O O d N O O O O rn d d i-{ O O O sf d d O O d NO
dFl
=,o
oILoE' oooooooHoooooooooooooooooo6
tr-0rlp<
L' I\
<('r>ot!P>fn
lF.E}=\.,tY or
=-c
E FFFFFFFFFFFFFFFFFFFFFFFFFF1 0 q 6 6 6.n U\ r/',, q 6 6 v1 6 th 6 ah o vl ah ah 6 v, i^ 6 q vt
H zzzzzzzzzzzzzzzzzzzzz.zzzzz
1 FFFFFFFFFFFFFFFFFFFFFFFFFFz. z z z z z z z z z z z z z z. z z z z z z z z z z zf lD f tf lf r f tl= =f f f f f > :) f I f f foooooooooooooooooooooooooorIr4rrrrqLLuur[[[rLrrurrrr\\\\\\\\\\\\\\\\\\\\\\\\\\
H d i H d d d H H H d i il d d d H d d d H Fl E-l H d d
E e. E E d. e. d G. E d. d. G. ca ct E G. E G. t G. E E. e. G. t G.e 999 99 9999999 999 I I Yj-9999999
dl d) co d) co o dl cD dt d) co co dl co co dt co dt co co dt co co dt co co
=================ts=====333tlltitttlaitttlltlitit,ilt6 6 0 q q 6 0 q 6 q q 6 6 66 q 6 6 0 6 q q 6 6 q 6(.)(JU UUU U(JU (JU U (J (J(JUU(J(J(JU O OOU(JLL!LL!!LLLL!!LLLLLLLf =5 f f f f f f f = f llf 553tf f f f ==:f-c .c s -c s -c -c .c r ..c -c -c -c -c r ! _c -c s, _c, E _c < -c -c -ct rt t r t t t t tt r t tts ts r tr r t t t r E rE
.. I I I I o I 9 9 I a u u u 9 I I o o o 9 a I O O O o.= o oooGoGoGEo6OOGOOO@OOO6666
l
- (r) c! o N rn l\ l{) rD cn @ N r.. Cl d N 99 <- (o + rn u.] F. N (o d u)
=
oo 14 st rn lr) @ o 6 o (r) d o) r) F.. o) qr o n (o o) o) @ (o ro @ (o
-e a !n a a I a \o o og r\ or H o) oo cn 9'! o oo @ rn d d m oo d o'E !q \ a qr O S $ ql rD H i <t + F. O !) <. @ \O O rn < n m st u1t (r') q)mm <t sf st sf S r) rn rn Ln n(O elo (l)(o r\ F\ F.. t. @ @@& ++++++++++++++++++++++++++
==llnFFdHFHHHi6E OOOOOOOOOOOOOOOijOOOOOc)OOOO
U NNNNNNNNNNNNNNNNNNNNNNNNNN
E E $$s$$$$$$**$s$f;ssSss$E$$FE
1067
a0E
Eqo
qL(!'ECLGEl * g.E
odq, qrE'? o.0,l E C:? C t!Jl oo509>tz z d z !
fl'El:l
El o - N (n <tol
LIolo-l
_ ;s ;e x x x x x N >s ;R x x x ;R ;R6 N N O) (n r! ln r{ @ O rn (n Ol (n (O rlx'1 n a I q n I U.] o-\ o') c! e q n o)
i d d H d r.r) d c, !n H u) N ro Ft <t lrl
\ dd d NI
(,
CL
(O m sf + l,o O oO Ln c! (O (O 6 O) N (O
od(nNdd)HSrnHHoE,
(E
(,
fooNoorNdd(odN
66ofi6oo@;oEt= i.c
:66=6sgg'agiu(JU-Ur--=-
-=9e6*dHEEEoU o:'ptCa.E* l =
oL oz -:- e.EEE Efr dnF<E eH uO: L Ug oo g O u sfE E= F 3.HZr! '60
=,2e2 3[* 2=2iE==3-=Eq frEKHaEgEQEg.-63EE-E6 \\\\\\\.-^^^
.9 attaaaaaaaas 5 5 s
E { iir = i i E i t t J
=
j j
?cnneetG.ococEocAfiA;o 6 <f <t, o o 6 vl cl cl vl th ++J-EnS6EEtsEnsBng==g
;3383;3;===B=3=6666q666666qqq6(J U |J (J U (J (J'J (J (J U (J (J (J (J
LL!LLLL!L
fffSffS=5f=:rfff-c ! .c E .C, E .c -C .C E -C, E -C -C -Cttstsrrttttttsttttst66t6t6666t666oGooGoo6EoooooG
(o
H
ddr-ldddidFlH!{FlFl
ooooooomooooo
dd
T'o
o
CLoo' ooooooooooooola
5=p{
C'N
< ctr>o(EP>d!a,dE}=\-uor
=
oaUUUUUUUUUUUUU
FFFFFFFFFFFFFtlt rt, th rlt t!1 6 6 6 6 6 6 6 ahUUTUUTUUUUUUU
====3===3==38\\\\\\\\\\\\\
ddddHdddddddH
G. G. t d. t d. G. t d. E t G. 0L9999999999999
co co co d) d) to co @ d) d) d! d) d)
======3===ts3=33;===3=;=;3=q666qqq666666(JU(J(J(JUL)UUU(JUU
LLL!35fff:r3f5==f:t
-C, E.C,.C .C .C E E E, E .C. E Ettttstttrttsttst
-- o u o I I a u 0 u I o o a
=GO(!OO6OO6OGOO
? Phn',oooNoroNr\oooo
= X-};iNsfLnmsfNONdO)I I'X=ON(oO00c.to)FoOOE s=HilEFqq$BF$4OO A ; ^A <r st s st <r sr <t sr s s'E xxH3888883888
aj xxxNNNc!NNNNNN
tr qPPaearJt===SP- 8HH333.r 6 qssq.qq.FaFRRRAE= \!NRSgs-!s-SHRXg E Sl'Sh;+.n-h--FFF}.z<
1068
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Members of the City Commission
CC: Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Philip Levine, Mayor
DATE: September 1}th,2014
SUBJECT: Traffic Management On Causeways When Accidents Occur
Please place a discussion item on the agenda related to traffic management on
Miami Beach €useways when accidents occur.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@Miam iBeach FL.gov.
We ore comnifled to providing excellent public seruice ond sofefy to oll who live, work, ond ploy tn our vibront, tropicol, hisioric community
Asenda ttem RQ S
Date 4-/o-/(1069
THIS PAGE INTENTIONALLY LEFT BLANK
1070
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
CC:
FROM:
DATE:
SUBJECT:
Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
Philip Levine, Mayor
September 1}th,2O14
Sidewalk Caf6 Fee Schedule
MEMORANDUM
Please place a discussion item on the agenda related to the City's sidewalk caf6 fee
schedule.
lf there are any questions or concerns, please do not hesitate to contact Alex
Miranda at AlexMiranda@MiamiBeach FL. gov.
We ore committed io providing excellenl public service ond sofetT ro oll who live, work, ond ploy in our vibront, tropicol, hisioric community.
Agenda ttem RgT-
1071
THIS PAGE INTENTIONALLY LEFT BLANK
1072
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
The Administration will provide a verbal report on its monitoring and compliance efforts with
Miami Beach Community Development Corporation.
JLM/KGB/MLR
T:\AGENDA\201 4\SeptemberVerbal Report on MBCDC.doc
VERBAL REPORT REGARDING MIAMT BEACH
COM M UNITY DEVELOPM ENT CORPORATION.
Agenda uem RQkoate.ffi1073
THIS PAGE INTENTIONALLY LEFT BLANK
1074
R1 0
CITY ATTORNEY REPORTS
1075
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
MIAMIBEACH
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attorney
September 10,2014
sUBJECT: City Attorney's Status Renorf {Q ,7
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST REPORT
w Case No.
14-012658
Florida)
CAO1(Circuit Court Judicial Circuit in and for Miami-Dade County,
On December 9, 2010, Plaintiff/Petitioner Citizens Awareness Foundation served a
Complaint upon the City of Miami Beach, which sought an Order from the Circuit Court
compelling the release of certain public records held by the City of Miami
Beach. Specifically, the Plaintiff asserted that the City of Miami Beach failed to respond
to two (2) public records requests submitted to the Mayor's Office and the City
Clerk pursuant to Chapter 1 19 of the Florida Statutes, and that such a failure violates the
provisions of Chapter 119, which entitles the Plaintiff to attorneys'fees and costs. The
City Attorney's Office has filed a Motion to Quash, which denies the validity of service of
process surrounding the Complaint, and expects to file a Motion for Dismiss surrounding
the factual allegations that have been alleged in this cause of action.
I BEACH
AND SPRINT COMMUNIGATIONS, Case # 14-17757 CA 01(Circuit Court -
Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on July 14, 2014 alleging that on October 31,
2013, the plaintiff, Martin Weber, was walking westbound on the public sidewalk on the
northeast corner just west of the intersection of 2nd Street and Alton Road in Miami
Beach, Miami-Dade County, Florida when he tripped and fell over a metal guy-wire
anchor protruding from the sidewalk. The purpose of the metal guy-wire anchor was to
provide support for a utility pole owned by Co-Defendant, BellSouth and used by co-
defendants, Atlantic Broadband and Sprint. lt is alleged that because the pole was
insufficient to handle the facilities of all three utility companies, it was removed and
replaced with another pole, but the guy-wire protruding from the sidewalk was not
removed.
The plaintiff was injured as a result of tripping against the guy-wire and is alleging that
since the sidewalk belongs to the City of Miami Beach, the City was negligent in its
maintenance and inspection of its sidewalk. We shall file our answer to the complaint
and propound discovery. We shall also look into indemnification from the three co-
defendants as the utility is owned by one of them and used by all three co-defendants.
Asenda ttem RIOA
Date1076
City Attorney's Report
September 10, 2014
Page 2
3. ELIZABETH LAKATOS A/K/A ROBERTNA LAKATOS ON BEHALF OF HER MINORSON JONATHAN LAKATOS AND RAQUEL GUERIN. PERSONAL
TE OF
MIAMI BEACH. ET AL. Case # 14-008804 CA 15 (Circuit Court - 11th JuOiciai Circuffi
and for Miami-Dade County, Florida)
The City was served with this complaint on July 27, 2014 alleging that on April 5, 2014,
the decedent, Robert Lakatos and his younger brother, Jonathan Lakatos were attending
a Full Moon Drum Circle Party at the 7800 block of Miami Beach when Robert Lakatos
was robbed and shot to death in front of his brother, Jonathan Lakatos. The Plaintiffs are
suing the City and the Mayor alleging that the City was aware of the party, but failed to
provide City Police Officers for the protection of the party goers even though they knew
of the event and knew the location was dangerous. They are also alleging that the City
did not enforce its permit laws by failing to require co-defendant, Diego Waisman, to
obtain a permit or permits before hosting the party.
We have filed a motion to dismiss the complaint for failure to state a cause of action as
the City has no common law duty to protect the brothers individually and no common law
duty to enforce its permit laws. Further, the City is also cloaked by Sovereign immunity
as posting police officers to a particular location and enforcing its permit laws are all
discretionary acts of governance that are protected by sovereign immunity. We have
also filed a separate motion to dismiss Major Levine as he was acting as an agent of the
City and therefore cannot be a named party to the lawsuit.
N VS. RAMIRO ESCOBAR, ET AL.. Case No. 14-
19056 CA02 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 850 NE 207th Street,
#6-201, Miami, Florida. The Summons and Verified Complaint were served on the City
on August 8,2014.
The City's Motion for More Definite Statement was filed on August 18,2014.
JAE Case
No. 14-15395 SP 05 (Circuit Court - 11
Florida)
Judicial Circuit in and for Miami-Dade County,
This is a small claims matter, which involves the alleged unlawful towing of a vehicle that
was parked by Carlos A. Jaen (the "Plaintiff'). The Plaintiff has identified the City of
Miami Beach and Beach Towing for the unlawful towing of the Vehicle, and has alleged
that the Vehicle was properly parked and displayed the appropriate visitor permit. The
allegations against the City of Miami Beach appear to be without legal merit, and the City
Attorney's Office will be reviewing the salient facts of this matter with the Parking
Department. This matter is currently scheduled for a Pretrial Conference on September
17,2014.
1077
City Attorney's Repoft
September 10, 2014
Page 3
7.
SA I BEACH
lNC.. Case # 14-13878 CA 01 (Circuit Court - 11th Judicial Circuit in and for Miami-Dade
County, Florida)
The City was served with this complaint on August 14, 2014 alleging that on June 1't,
2010, the plaintiff, Teresa Estevez, using the roadway and sidewalk at lndian Creek
Road and 30th Street in Miami Beach while there wis construction going on at the
location. The Plaintiff fell due to an unmarked concealed and uncovered hole incident to
the construction at the location resulting in trauma to her face, left and right arms, knees
and hands. The plaintiff is suing the City and the contractor, Horizon, working at the
location pursuant to a City contract. We shall file our answer to the complaint and tender
our defense and indemnification to the contractor and their insurance carrier.
HEWBURN SLOWE V. ALEXANDR BOKSNER Case No. 14-18224 CA01 (23) (Circuit
County, Florida)
Pro se Plaintiff Hewburn Slowe filed and served a lawsuit naming Aleksandr Boksner,
First Assistant City Attorney, as a defendant to "personal injury" he received, and other
nebulous cases of action that arose from a June 8, 2014 hearing before Judge Diane V.
Ward. The Plaintiff is a vexatious litigant that has filed several lawsuits against different
judges and attorneys, and has asserted that Mr. Boksner's conversation with a court
liaison officer caused him "personal injury." The lawsuit has no legal merit, and a
Motion to Dismiss will be filed seeking the dismissal of the matter with Prejudice.
Federal National Mortqaqe Associafion vs. lqnancio Javier Triana. et al.. Case No.
14-20540 CA 06 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County,
Florida)
This is an action to foreclose a mortgage on real property 6039 Collins Avenue, Unit
1123, Miami Beach, Florida. The Summons and Verified Complaint were served on the
City on August 28,2014.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition or
board-up liens, and resort taxes will be timely filed.
RA\AB\SR\EB\T
F :\ATTO\AAO FF\AAOF F\F I LE.#SU0 1 4\Status report CAO 09 1 0 1 4.docx
8.
1078
THIS PAGE INTENTIONALLY LEFT BLANK
1079
REPORTS
AND
INFORMATIONAL ITEMS
1080
1. Reports and Informational ltems
(see LTC 304-2014)
Agenda ltem /pals ZW1081
THIS PAGE INTENTIONALLY LEFT BLANK
1082
a
!t7 ,,!\IA,\.TI BEACH
#A8?-2orr
LETTER TO COMMISSION
To: Mayor Philip Levine and Memb"r, flt the Cityl6ommission
From: Jimmy L. Morales, City Manag", J-.' b
Date: August 25,2014
Subject: List of Projects Covered by the C*re of Silence Ordinance
ln an effort to disseminate information to elected officials and City staff relative to projects that are
covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the Cone
of Silence is in effect from the date the solicitation is advertised, as indicated below, through date
of award by the City Commission.
2014-015-RFP-LR 7t24t2014 Psvcholooical Services for Emplovees
Human
Resource/Police
2014-050-RFQ-SR 5t2t2014 Master Plan of the Lincoln Road District Citv Manaoer
2014-051-RFP-SR 5t16t2014
Sunset lsland 3 and 4 Right-of-Way
I nfrastructure I m provements crP
2014-11s-RFQ-SR
5t28t2014
Professional Engineering Services to Design-
the New West Avenue Bridge Over Collins
Canal Public Works
2014-127-RFP-LR 3t6t2014 Medical Services for Pre and Post Emplovment
Human
Resources
2014-128-RFQ-ME 2t26t2014 Provision of Governmental Consultino Services Citv Manaqer
2014-159-tTB-SW 6t11t2014 Maintenance and Repair of Citvwide Fountains
Property
Manaoement
2014-169-lTB-SW 7t10t2014 Multi-Soace Parkino Pav Station Receiot Paoer Parkino
2014-170-lTN-SW 5t22t2014
A Parking Garage Gated Parking Revenue
Control Svstem for the Citv of Miami Beach Parkinq
2014-187-RFP-SR 5t19t2014
For Design-Build Services For The Central
Bavshore Proiect ctP
2014-191-ITB-SW 6t26t2014
Citywide Painting (lnterior And Exterior) And
Wateroroofino Services
Property
Manaoement
2014-195-tTB-LR 7t24t2014
Grounds Maintenance Services - Parks and
Athletic Fields Parks
2014-228-|TB-JR 8113t2014 7th Street Parkinq Garaqe Renovation CIP
Agenda ltem 2.
Date ?-10-01083
P a g e 12
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis. Should you have any questions or need additional information, please feel free to contact me.
ffii.,..:___.,":::,:__^ @vered,kpd.cx
2014-230-ITB-YG 712412014
Roadway I mprovements Various Project
Areas
Public Works
Eno.
2014-237-RFQ-JR 7t28t2014
Plans Review, lnspections And Permit
Clerk Services Buildinq
2014-277-|TN-SW 7t24t2014 Car Sharino Services Parkinq
2014-27$-RFP-ME 8t5t2014
Owners Representative Services For The
Miami Beach Convention Center
Renovation And Expansion Citv Manaoer
2014-290-RFP-YG 7t28t2014
Design, Manufacture And lnstall
Removable/Retractable Canopy At The
North Beach Band Shell Tourism
2014-294-RFP-ME 8t5t2014
Design Builder Services For The Miami
Beach Convention Center Renovation
And Expansion City Manaqer
2014-302-RFP-SW 7124t2014
Claims Administration Services by a Third
Party Administrator for Workers'
Compensation and General Liabilitv
Human
Resource/Risk
2014-305-LTB-YG 7t24t2014 Lifeouard Stands Reolacement crP
2014-316-RFQ-JR 7t31t2014
For General Building Contractor
Rehabilitation Services Housinq
2014-325-RFQ-JR 7131t2014
General Building Contractor
Rehabilitation Services Consultant Housino
2014-336-|TN-JR 8t14t2014
Public Waterborne Transportation
Services Concession in the City of Miami
Beach Mater Taxi)Transportation
1084
MIAMI BEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and
Jimmy L. Morales, City Manager
September 10,2014
REPORT FROM COMMISSI COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WTTHTN (6) StX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for July 2014:
Neiq hborhood/Commu n itv Affai rs Committee
1. Discussion Regarding Belle lsle Traffic And Parking Conditions.
(Requested by Commissioner Wolfson/April 14,2014 City Commission Meeting, ltem R9G)
2. Consideration And Discussion Of Proposed Amendments To The City's Noise
Ordinance.
(Requested by City Attorney's Office/June 1, 2011 City Commission Meeting, ltem C4C)
3. Discussion Regarding A Resolution Granting And Authorizing The Mayor And City Clerk
To Execute An After-The-Fact Revocable Permit To Asr Benruick Family Ltd Partners, As
Owner Of The Commercial Property Located At 335 West 47th Street, To Retain A/C
Units, A Utility Room, And A Trash Enclosure, Currently Placed Within The Public City
Right-Of-Way On West 47th Court.
(Requested by City Commission/January 11,2012 City Commission Meeting, ltem R7A)
4. Discussion Regarding The Andree Juliette Brun Bust And Chuck Hall Bust Formerly On
Display At The Jackie Gleason Theater.
(Requested by City Manager's Office/December 11, 2013 City Commission Meeting, ltem C4B)
Finance & Gitvwide Proiects Committee
There are no items to be automatically withdrawn at this time.
Floodins Mitiqation Gommittee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
There are no items to be automatically withdrawn at this time.
JML/REG
T:\AGE NDA\20 1 4\Septem ber\Com m ittee ltems Removed aft er 6 months.docx
TO:
FROM:
DATE:
SUBJECT:
the City
Agenda ttem 3oat"-VWO1085
THIS PAGE INTENTIONALLY LEFT BLANK
1086