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MIAMIBEACH
City Commission Meeting
City Hall, Gommission Chambers, 3rd Floor, 1700 Convention Center Drive
November 19,2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Comm issioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Committee, or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
City Clerk's Office. Questions regarding the provisions of the Code 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 Reoular Aqenda
PA Presentations and Awards R2 Competitive Bid ReportsR5 Ordinances
Consent Aqenda R7 Resolutions
C2 Competitive Bid Reports R9 New Business & Commission Requests
C4 Commission Committee Assignments Rl0 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, November 19, 2014
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To Authorize The lssuance Of A Request For Qualifications (RFQ) No.
2015-016-YG For Architectural And Engineering Design Services For The Altos Del Mar Project.
(Capital lmprovement Projects/Procurement)
C2B Request For Approval To Award Contracts Pursuant To lnvitation To Bid (lTB) No. 2014-168-SW
For lnspection And Maintenance Of Parking Lot Lighting.
(Public Works/Procurement)
C2C Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2014-230-YG
For Roadway lmprovements Various Project Areas.
(Public Works/Procurement)
C2D Request For Approval To Award A Contract Pursuant To Invitation To Bid (lTB) No.2014-275-LR
For Grounds Maintenance - Right Of Way, Parking Facilities, Lincoln Road And Coastal Areas.
( Publ ic Works/Procu rement)
C4 - Commission Committee Assiqnments
C4A Referral To The Neighborhood/Community Affairs Committee The Annual Review Of The City's
List Of Deserving Organizations And/Or Groups Eligible To Receive Complimentary Tickets As
Per The City's Complimentary Ticket Policy Pursuant To Resolution No. 2014-28638.
(Tourism, Culture & Economic Development)
C4B Referral To The Planning Board - Proposed Amendments To The Land Development Regulations
To Establish Demolition Procedures For All Properties ln The City.
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(Continued from October 22,2014 - C4A)
C4C Referral to Neighborhood/Community Affairs Committee Regarding An Update On Stray Cats ln
Miami Beach.
(Requested by Commissioner Deede Weithorn)
C4D Referral To The December 12, 2014 Finance & Citywide Projects Committee To Amend The
Living Wage Ordinance lnsurance Provision ln Light Of ObamaCare.
(Requested by Commissioner Deede Weithorn)
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Commission Agenda, November 19, 201 4
G4 - Gommission Gommiftee Assiqnments (Continued)
C4E Referral To The December 12,2014 Finance & Citywide Projects Committee To Waive Fees For
The Dolphins Cycling Challenge Event Taking Place ln Miami Beach On February 7th And 8th,
2015.
(Requested by Commissioner Deede Weithorn)
C4F Referral To The Finance And Citywide Projects Committee A Discussion Regarding The Live
Nation Management Agreement For The Jackie Gleason Theater.
(Tourism, Culture And Economic Development Department)
C4G Referral To The Finance And Citywide Projects Committee - lntermodal Facility At Mount Sinai
Medical Center - Rescinded.
(Parking)
C4H Referral To The Finance And Citywide Projects Committee A Discussion Regarding The Possible
Addition Of Personal Watercrafts To Our Police Department's Fleet.
(Requested by Commissioner Micky Steinberg)
C4l Referral To The Finance And Citywide Projects Committee To Review Options To Reintegrate
The Baptist Hospital Network Among Providers Available To City Employees.
(Human Resources)
C4J Referral To The Land Use And Development Committee To Discuss The Philosophy Behind
Parking lmpact Fees.
(Requested by Commissioner Jonah Wolfson)
C4K Referral To The December 12,2014 Finance And Citywide Projects Committee To Discuss A
Public Private Partnership For A Two-Story Parking Structure To Be Erected Over Both City
Parking Lot P62 And A Private Parking Lot, On 42nd Street, Between Jefferson Street And
Meridian Avenue.
(Requested by Commissioner Deede Weithorn)
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Commission Agenda, November 19, 2014
C6 - Commission Committee Reports
COA Report Of The Finance And Citywide Projects Committee Meeting Of October 10, 2014: 1)
Discussion Regarding South Shore Community Center, 833 6th Street, Miami Beach, Florida,
Regarding Whether The City Should Enter lnto: A. An Amendment To The Lease By And
Between The City Of Miami Beach ("Landlord") And Miami Dade County ("Tenant"), Dated
September 9, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami
Beach, Florida, Concerning: A) Renewing The Lease For An Additional Term Of Five (5) Years;
B) lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot; And
C) Reducing The Size Of The Demised Premises From 2,076 Square Feet To 691 Square Feet;
B. An Amendment To The Lease By And Between The City Of Miami Beach ("Landlord") And
Jewish Community Services Of South Florida, lnc. ("Tenant") Dated September 9, 2009, For The
Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida, Concerning: A)
Renewing The Lease For The Senior Meals Program For An Additional Term Of Five (5) Years;
B) lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot; And
C) lncreasing The Size Of The Demised Premises From 289 Square Feet To 445 Square Feet;
C. An Amendment To The Lease By And Between The City Of Miami Beach ("Landlord") And
Jewish Community Services Of South Florida, lnc. ("Tenant") Dated September 9, 2009, For The
Premises Located On The First Floor At 833 6th Street, Miami Beach, Florida, Concerning: A)
Renewing The Lease For The Senior Ride Program For An Additional Term Of Five (5) Years;
And B) lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot;
D. An Amendment To The Concession Agreement By And Between The City Of Miami Beach
("Landlord") And Jewish Community Services Of South Florida, lnc. ("Concessionaire") Dated
July 15, 2009, For The Premises Located On The First Floor At 833 6th Street, Miami Beach,
Florida, Concerning: A) Renewing The Concession Agreement For The Senior Meals Program
For An Additional Term Of Five (5) Years; And B) lncreasing The Additional Rent From $1 .92 Per
Square Foot To $2.20 Per Square Foot; E. An Amendment To The Lease By And Between The
City Of Miami Beach ("Landlord") And Little Havana Activities And Nutrition Centers Of Dade
County, lnc. ("Tenant") Dated September 9, 2009, For The Premises Located On The First Floor
At 833 6th Street, Miami Beach, Florida, Concerning: A) Renewing The Lease For An Additional
Term Of Five (5) Years; B) lncreasing The Additional Rent From $7.68 Per Square Foot To $8.81
Per Square Foot; And C) lncorporating The Outside Playground As Part Of The Lease
Agreement; F. An Amendment To The Lease By And Between The City Of Miami Beach
("Landlord") And UNIDAD Of Miami Beach, lnc. ("Tenant") Dated September 9, 2009, For The
Premises Located On The First And Second Floors At 833 6th Street, Miami Beach, Florida,
Concerning: A) Renewing The Lease For An Additional Term Of Five (5) Years; B) lncreasing
The Additional Rent From $7.68 Per Square Foot To $8.81 Per Square Foot; C) Relocating From
A Portion Of The Current Location On The Second Floor To A Portion Of The Space Currently
Occupied By Miami-Dade County On The First Floor; D) Decreasing The Total Size Of The
Demised Premises From 4,155 Square Feet To 2,082 Square Feet; And E) Modifying The
Permitted Use Of The Premises; And G. A New Lease Agreement By And Between The City Of
Miami Beach ("Landlord") And South Florida Workforce lnvestment Board ("Tenant"), For The
Premises Located On The Second Floor At 833 6th Street, Miami Beach, Florida, Concerning: A)
The Use Of The Demised Premises, Consisting Of 3,262 Square Feet, For A Term Of Five (5)
Years, To Provide Workforce Services; And B) Charging Additional Rent ln The Amount Of
$15.86 Per Square Foot. 2) Discussion 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. 3)
Discussion Regarding A Rooftop Lease Agreement By And Between The City Of Miami Beach
("Landlord") And Crown Castle NG East, LLC ("Tenant"), Concerning The Use Of The Rooftop Of
The Building Located At 1560 Collins Avenue, Miami Beach, Florida NKIN Anchor Shops, For
The Operation And Maintenance Of Communications Equipment, For A Term Of Nine (9) Years
364 Days, Commencing On The First Day Of The Month Following Lease Execution.
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Commission Agenda, November 19, 201 4
C6 - Gommission Committee Reports (Continued)
COB Report Of The Land Use And Development Committee Meeting Of November 5, 2014: 1l
Discussion On Telecommunications Ordinance. 2) Discussion On An Overlay Districts: a)
Washington; b) North Beach. 3) Discussion Regarding An Ordinance Amendment To Chapter
106 Relating To Parking To Require A Parking Plan During Construction For Commercial Building
Projects. 4) Discussion On Possible Amendments To Chapter 6 And Chapter 142 Of The City
Code. 5) Discussion Of A Proposed Amendment To The Adjusted Grade Of Required Yards In
Reference To Seawall Built At 5.7' NAVD. 6) Creation Of A Waiver To The Minimum Requirement
Of 100 Hotel Rooms ForSpecial (Series S) Liquor Licenses. T) Additional Modifications To The
Land Development Regulations Regarding Unit Size And Lot Coverage Calculations For
Accessory Structures Permitted ln Single Family Home Districts, As Part Of The Comprehensive
Single Family Revisions Pending Before The Planning Board. 8) Discussion On lncreasing The
Maximum Building Height ln The RM-2 District. 9) Discussion On Proposed Amendments To The
Single Family Home Ordinance (Rear Yard Swimming Pools). 10) Discussion On The Collins
Canal Project. 11) Proposed Ordinance Amendments Pertaining To Building Height And Parking
Requirements ln The Civic And Convention Center (CCC) District. 12) Discussion Regarding Text
Amendment For Ocean Front Properties ln The RM-3 District To Permit The Addition Of
Balconies On Non-Contributing Buildings.
COC Report Of The Neighborhood/Community Affairs Committee Meeting Of October 31,2014:1)
Discussion Regarding Removing The "Arthur Godfrey Road" Co-Name For 41't Street. 2)
Discussion Regarding A Commercial Use Permit Fee For City-Owned Property And City Parks
Facilities. 3) Amendments To Chapter 70, Article ll, Division 2 Of The City Code Entitled
"Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transportation." 4) Discussion Regarding The Possible Appointment Of A Dedicated Liaison To
The 41't Street Corridor. 5) Discussion Regarding Art On The Beach. 6) Discussion Regarding
The Purdy Boat Ramp. 7) Discussion Regarding Short Term Vacation Rentals and Commercial
Use of Residential Properties. 8) An Ordinance Amending Chapter 74 O'f The Code Of The City
Of Miami Beach, Florida, Entitled "Peddlers And Solicitors," By Amending Article l, Entitled "ln
General," By Amending Section 74-1, Entitled "Soliciting Business ln Public From Pedestrians,"
To Prohibit Commercial Solicitation ln Certain Areas; Providing For Repealer, Severability,
Codification, And An Effective Date. 9) An Ordinance Amending Chapter 46 Of The Code Of The
City Of Miami Beach, Florida, Entitled "Environment," By Amending Article lll, Entitled "Litter," By
Amending Division 1, Entitled "Generally," By Amending Section 46-92(a), Entitled "Definitions,"
By Adding A Definition For The Term "Right-Of-Way," By Amending Section 46-92(9), Entitled
"Prohibition On Commercial Handbill Distribution," By Amending The Regulations And
Prohibitions For The Distribution Of Commercial Handbills; Providing For Repealer, Severability,
Codification, And An Effective Date.
COD Report Of The Flooding Mitigation Committee Meeting Of October 8,2014: 1) Update From The
Mayor's Blue Ribbon Panel On Flooding And Sea Rise. 2) Update Of Ongoing Projects. 3) GIS
Presentation. 4) AECOM Update. 5) lndian Creek And City Owned Seawalls.
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Commission Agenda, November 19, 2014
G7 - Resolutions
C7A 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 Actions: 1)
Submit A Grant Application To Children's Trust Out Of Schools Program For Funding For The
City's Summer And After School Program; 2) Bloomberg Public Art Challenge For Funding For A
Public Art Project ln Partnership With The Wolfsonian/FlU On Miami Beach ln The Approximate
Amount Of $500,000; 3) Submit A Grant Application To South Florida Water Management District
ln The Approximate Amount Of $2.5 Million For Stormwater lnfrastructure Funding; And
Retroactive Approval For The Following Grant Submittals: 4) Florida Department Of
Environmental Protection, Florida Recreation Development Assistance Program ln The Amount
Of $165,000 For Renovation Of Polo Park; 5) US Department Of Commerce, Economic
Development Administration (EDA) For The FY 2014 Regional lnnovation Grants Program For
Funding ln The Approximate Amount Of $215,000 For The Convention Center Expansion And
District Transportation Master Plan Project; 6) Visitor And Convention Center Authority For
Funding ln The Amount Of $50,000 For The City's Centennial Celebration ln 2015; 7) Miami-
Dade County Homeless Trust For Funding For Fiscal Year (FY) 2014115 Primary Care Housing
And Services Funds ln The Approximate Amount Of $62,373 For The City's Homeless Outreach
Program; 8) Miami-Dade County Homeless Trust For Fiscal Year (FY) 2014115 Funding ln The
Approximate Amount Of $25,000 For ldentification Assistance Through The City's Homeless
Outreach Program; 9) Friends Of The Bass Museum lnc., State Of Florida, Cultural Facilities
Grant Program For Funding ln The Amount Of $216,034 For The Renovation Of The Bass
Museum; 10) Friends Of The Bass Museum lnc.: State Of Florida, Division Of Historical
Resources, Special Category Grant Program For Funding ln The Amount Of $350,000 For The
Bass Museum lnternal Expansion Program; Approving And Authorizing The Appropriation Of The
Above Grants And Funding Requests, lncluding Any Requisite Matching Funds And City
Expenses; And Further Authorizing The City Manager Or His Designee To Take All Necessary
Steps And Execute All Necessary Documents ln Connection With The Aforestated Grants And
Funding Requests, lncluding, Without Limitation, Applications, GranUFunding Agreements And
Audits.
(Budget & Performance lm provement)
C7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 4
To The Existing Professional Services Agreement Between The City Of Miami Beach And
Schwebke-Shiskin & Associates, lnc. For Additional Design Modifications And Permitting Phase
Services Associated With The Revised Stormwater Criteria For The Venetian lslands Bid
Package 13C RighlOf-Way Neighborhood lmprovement Project; ln The Negotiated Not-To-
Exceed Amount Of $75,000 Plus An Amount Of $1,500 For Reimbursables; For A Total Amount
Of $76,500; With Previously Appropriated Funding.
(Capital lmprovement Projects)
C7C A Resolution Encouraging The Registration Of Automated External Defibrillators (AED's) With
The Fire Department Of The City Of Miami Beach.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney's Office)
(Memorandum to be Submitted in Supplemental)
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Commission Agenda, November 19, 201 4
C7 - Resolutions (Continued)
C7D A Resolution Approving And Authorizing The Execution Of A Consent Agreement With Miami-
Dade County's Department Of Regulatory And Economic Resources, Division Of Environmental
Resources Management, To Postpone The Remediation Of An Existing Hydrocarbon Discharge
At The Fleet Maintenance Facility Located ln The Vicinity Of 140 MacArthur Causeway For
Approximately Thirty Months.
(Environmental)
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Baywalk
Authorization Agreement With Lincoln Bay Towers Association.
(Environmental)
C7F A Resolution Approving And Adopting The Amendments To The City Of Miami Beach Local
Housing Assistance Plan (LHAP) For The State Housing lnitiatives Partnership (SHIP) Program
For Fiscal Years 201312014, 201412015, And 201512016, As Required By The State Housing
lnitiatives Partnership Program Act, Subsections 420.907 - 420.9079; Authorizing Execution Of
Any Necessary Certifications By The Mayor And The City Clerk; And Further Authorizing The
Administration To Submit The Amended LHAP To The Florida Housing Finance Corporation
(FHFC) For lts Review And Approval.
(Housing & Community Services)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No. 2
(Amendment) To The Agreement Between The City And Limousines Of South Florida, lnc., For
Turn-Key Operations And Maintenance Services Of A Municipal Trolley System For The City Of
Miami Beach, Executed As Of May 8, 2014; Said Amendment lncreasing The Scope Of The
Agreement To lnclude The Provision Of Additional Shuttle Services During Events Which lmpact
Mobility ln The City, ln The Administration's Discretion; And lncreasing The Cost Of The
Agreement For Said Services, ln An Amount Not To Exceed $45,000 Annually.
(Transportation)
C7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant Request For Proposals No. 2014-302-SW (The RFP), For Claims
Administration Services By A Third Party Administrator For Worker's Compensation And General
Liability; Authorizing The Administration To Enter lnto Negotiations With The Top Ranked
Proposer, Corvel Enterprise Comp, lnc.; And Should The Administration Not Be Successful ln
Negotiating An Agreement With The Top-Ranked Proposer, Authorizing Negotiations With The
Second-Ranked Proposer, Johns Eastern Company, lnc.; And Should The Administration Not Be
Successful ln Negotiating An Agreement With The Second-Ranked Proposer, Authorizing
Negotiations With The Third-Ranked Proposer, York Risk Services Group, lnc.; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful
Negotiations By The Administration.
(Human Resources/Procurement)
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c7t
Commission Agenda, November 19, 2014
C7 - Resolutions (Continued)
A Resolution Authorizing The City Manager To Execute An Agreement With The School Board Of
Miami-Dade County, Florida Subject To Final Approval By The City Administration And The City
Attorney's Office, To Provide Professional Development Training During The 2014-15 School
Year To Forty-Five (45) Teachers At South Pointe Elementary, North Beach Elementary,
Feinberg Fisher K-8 Center, And Biscayne Elementary, To lncrease Access To The Extended
Foreign Language Program For lnterested Students, At A Cost Of $30,402 For Fiscal Year
2014115 Subject To City Budget Appropriation.
(Sponsored by Commissioner Edward L. Tobin)
(Organ ization Development Performance I n itiatives/City Manager's Office)
C7J A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To lnvitation To Negotiate No. 2014-277-SW (The ITN) For Car Sharing
Services; Authorizing The Administration To Enter lnto Negotiations With The Top Ranked
Proposer, Car2Go N.A. LLC; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
( Parking/Procu rement)
CTK A Resolution Adopting The Official Certificate Of County Canvassing Board For The November 4,
2014 Special Election For The City Of Miami Beach, And Declaring Results Thereof.
(City Attorney's Office)
C7L A Resolution Accepting The Recommendation Of The City Manager To Reject All Bids Received,
Pursuant To Request For Proposal (RFP) No. 2014-091-SW For lnvestment Advisory Services.
( Fi nance/Procurement)
(Memorandum to be Submitted in Supplemental)
C7M RFQ And RFP General Building Contractor Rehabilitation Services
1.A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals, Pursuant To Request For Qualifications (RFQ) No. 2014-316-JR ,
For General Building Contractor Rehabilitation Services.
(Housing & Community Services/Procurement)
A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals, PursuantTo Request For Proposals (RFP) No.2014-325-JR, For
General Building Contractor Rehabilitation Services Consultant.
(Housing & Community Services/Procurement)
(Memorandum to be Submitted in Supplemental)
2.
End of Consent Agenda
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Commission Agenda, November 19, 201 4
REGULAR AGENDA
R2 - Gompetitive Bid Reports
R2A Request For Approval To Reject All Bids Received Pursuant To lnvitation To Bid (lTB) No. 2014-
385-YG For Lifeguard Stand Replacement Project.
(Capital lmprovement Projects/Procurement)
(Memorandum to be Submitted in Supplemental)
R5 - Ordinances
R5A
R5B
An Ordinance Amending Chapter 74 Of The Code Of The City Of Miami Beach, Florida, Entitled
"Peddlers And Solicitors," By Amending Article l, Entitled "ln General," By Amending Section 74-
1, Entitled "Soliciting Business ln Public From Pedestrians," To Prohibit Commercial Solicitation
ln Certain Areas; Providing For Repealer, Severability, Codification, And An Effective Date. 10:20
a.m. Second Readinq Public Hearinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
(First Reading on September 30,2014 - RsE)
(Memorandum to be Submitted in the Supplemental)
An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Florida, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled
"Generally," By Amending Section 46-92(a), Entitled "Definitions," By Adding A Definition For The
Term "Right-Of-Way," By Amending Section 46-92(9), Entitled "Prohibition On Commercial
Handbill Distribution," By Amending The Regulations And Prohibitions For The Distribution Of
Commercial Handbills; Providing For Repealer, Severability, Codification, And An Effective Date.
10:25 a.m. Second Readinq Public Hearinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
(First Reading on September 30,2014 - R5F/Referred to NCAC)
(Memorandum to be Submitted in the Supplemental)
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Commission Agenda, November 19, 2014
R5 - Ordinances (Continued)
RsC Tree Preservation And Protection Ordinances
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, npp+ieagility4nd Exemptions And Prohibited
Species; 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;
Arb€ris+q Defining Trees Constituting A Public Nuisance; Providing For Appeals; Enforcement
AndCivilRemedies;@DutiesAndAuthorityofTheUrbanForester;And
Providing For Repealer; Codification; Severability; And An Effective Date. 10:30 a.m. Second
Reading Public Hearinq
(Sponsored by Commissioner Jonah Wolfson And Vice-Mayor Joy Malakoff)
(Legislative Tracking: Public Works)
(Continued from October 22,2014 - RsA)
RsD Parking District No. 5 - Sunset Harbour
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
130, "Off-Street Parking," Article ll "District; Requirements," Section 130-33, "Off-Street Parking
Requirements For Parking Districts Nos. 2, 3, 4,5 And 6," By Amending The Sunset Provision For
Parking District No. 5; Providing For Codification; Repealer; Severability; Applicability; And An
Effective Date. 10:40 a.m. Second Readinq Public Hearinq
f<ofy
(Legislative Tracking: Planning)
(First Reading on October 22,2014 - RsJ)
RsE MXE Setbacks
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division 13,
"MXE Mixed Use Entertainment District," Section 142-547, "Setback Requirements," By Amending
The Setback Requirements To lnclude Separate, Reduced Setback Requirements For
Commercial Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For
Codification; Repealer; Severability, And An Effective Date. f 0:45 a.m. Second Reading Public
Hearing
(Sponsored by Commissioner Michael Grieco)
(Leg islative Tracking : Planning)
(First Reading on October 22,2014 - RsG)
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Commission Agenda, November 19, 2014
R5 - Ordinances (Continued)
R5F RPS Heights And Lot Aggregation
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142,"Zoning Districts And Regulations" Article Il, "District Regulations" Division 18, "PS
Performance Standard District," Amending Section 142-696 "Residential Performance Standard
Area Requirements," By Amending The Maximum Building Height And Lot Aggregation
Requirements ln The R-PS1, R-PS2, R-PS3 And R-PS4 Zoning Districts; Providing For
Codification, Repealer, Severability And An Effective Date. 10:50 a.m. Second Readinq Public
Hearinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on October 22,2014 - Rsl)
RsG Single Family Home Development Regulations
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 114, "General Provisions," Section 114-1, "Definitions," By lncluding Definitions For
'lnterior Side Yard Open Space', 'lnternal Courtyard', 'Terrace' And 'Roof Deck'; By Amending
Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations," Division 2, "RS-
1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Amending The Criteria And
Procedures For The Review And Approval Of Single-Family Residential Construction To lnclude
The Requirement That All Homes On Lots Resulting From A Lot Split Shall Be Reviewed By The
Design Review Board Or Historic Preservation Board, As May Be Applicable; By Amending And
Clarifying The Calculation Of Lot Coverage And Unit Size; By Amending And Clarifying The
Calculation Of The Physical Volume Of The Second Floor; By Amending And Clarifying The
Regulations Regarding Roof Decks; By Modifying The Procedures Pertaining To The lssuance Of
Emergency Demolition Orders And The Review And Approval Of Demolition Requests For Single
Family Homes Not Located Within A Designated Historic District; And By Amending And
Clarifying The Posting And Mail Notice Requirements For The Formal Determinations Of
Architectural Significance Of An Eligible Single-Family Home That ls Proposed To Be
Substantially Retained; Providing For Repealer; Codification; Severability; And An Effective Date.
10:55 a.m. Second Readinq Public Hearinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on October 22,2014 - RsK)
R5H Clarifying And Modifying Conditional Uses ln CD-2 Zoning Districts
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division 5, "CD-2
Commercial Medium lntensity District," By Amending Section 142-303, "Conditional Uses," By
Modifying And Clarifying Conditional Uses In All CD-2 Districts And Adding Stand Alone Alcohol,
Dance Hall And Entertainment Establishments As A Conditional Use ln North Beach; Providing
For Codification; Repealer; Severability; Applicability; And An Effective Date. 11:00 a.m. First
Readinq Public Hearinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
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R5l
Commission Agenda, November 19, 2014
R5J
R5 - Ordinances (Continued)
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," By Amending Article ll, Entitled "Public Places," By Amending Division
2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transportation," By Amending Section 70-66, Entitled "Definitions" To lncorporate The Exemption
For Motorized Wheelchairs And Similar Devices Used By Disabled Persons lnto The Definition Of
"Motorized Means Of Transportation," Making Corresponding Amendments Throughout Division
2, And Adding A Definition For High lmpact Periods; By Amending Section 70-67, Entitled
"Prohibited Activities," To Amend The Locations Where Motorized Means Of Transportation Are
Prohibited; By Amending Section 70-69, Entitled "Responsibilities Of Bicyclists, Skaters, And
Persons Operating Electric Personal Assistive Mobility Devices," By Amending The
Responsibilities Set Forth Therein And To lnclude Persons Operating Motorized Means Of
Transportation; By Amending Section 70-70, Entitled "Responsibilities Of Persons And Business
Entities Providing Rentals, Leases, And/Or Tours Of Electric Personal Assistive Mobility Devices,"
By Amending The Responsibilities Set Forth Therein; And By Amending Section 7O-71, Entitled
"Enforcement; Penalties," To Provide Housekeeping Amendments; Providing For Repealer,
Severability, Codification, And An Effective Date. 11:05 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Jonah Wolfson)
(Legislative Tracking: Transportation)
(First Reading on October 22,2014 - RsL)
Short Term Rentals ln Collins Waterfront District
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 3, "Supplementary Use Regulations," To Modify The Regulations And Requirements For
Short Term Rentals To lnclude Properties Located Within The Collins Waterfront Local Historic
District; Providing For Repealer; Severability; Codification; And An Effective Date. 11:20 a.m.
First Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(Continued from October 22,2014 - RsE)
12
12
Commission Agenda, November 19, 201 4
R5 - Ordinances (Continued)
RSK 226 87th Terrace - Parking Category Comprehensive Plan And Rezoning
Comprehensive Plan - Parking Category
An Ordinance Amending Policy 1.2 Of The Future Land Use Element Of The
Comprehensive Plan Pursuant To The Procedures ln Section 163.3184(3), Florida
Statutes, By Modifying The Parking (P) Future Land Use Category To Allow For
Residential Uses When Abutting A Land Use Category That Permits Such Uses;
Providing For lnclusion ln The Comprehensive Plan; Transmittal; Repealer; Severability;
And An Effective Date. 2:00 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning )
Rezoning - 226 87th Terrace
An Ordinance Amending The Official Zoning District Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Located At 226 87th Terrace, From The Current Zoning
Classification Of GU, "Government Use District", To The Proposed Zoning Classification
Of RM-2, "Multifamily Residential, Medium lntensity;" Providing For Codification;
Repealer; Severability; And An Effective Date. 2:00 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
1.
2.
13
13
Commission Agenda, November 19, 2014
R5L
R5 - Ordinances (Continued)
RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore
Open Space Park (NSOSP)
1.RM-2 Regulations Within 250 Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division
3 "Residential Multifamily Districts," Subdivision lV, "RM-2 Residential Multifamily, Medium
lntensity," By Amending Sections 142-215, "Prohibited Uses," And 142-218, "Setback
Requirements," ln Order To Permit Outdoor Bar Counters As Accessory Uses ln
Oceanfront Hotels ln The RM-2 District; Allowing For Modification Of lnterior Side Setback
Requirements For Drives Or Sidewalks; Providing Access Between Parcels ln The RM-2
District; Modifying The lnterior Side Tower Setback Requirements For Oceanfront RM-2
Parcels Within 250 Feet Of North Shore Open Space Park; By Amending Chapler 142,
"Zoning Districts And Regulations," Article lV, "Supplementary District Regulations,"
Division 3 "Accessory Uses," By Amending Section 142-902, "Permitted Accessory Uses,"
To Permit Neighborhood lmpact Establishments, As Conditional Uses For Oceanfront
Hotels ln The RM-2 District Within 250 Feet Of North Shore Open Space Park; Providing
For Codification; Repealer; Severability; And An Effective Date. 2:05 p.m. First Readinq
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
Parking Regulations Within 250 Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 130, "Off-Street Parking," Article lll, "Design Standards," By Amending Section
130-68, "Commercial And Noncommercial Parking Garages," To Establish Regulations
For Main Use Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District
With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For
Codification; Repealer; Severability; And An Effective Date. 2:05 p.m. First Readins
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
Signage Regulations Within 250 Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 138, "Signs," Article V, "Sign Regulations By District" And Article Vl, "Specific Use
Signs," By Amending Section 138-172, "Schedule Of Sign Regulations For Principal And
Accessory Use Signs," ln Order To Establish Sign Criteria For Ground Floor Commercial
Uses ln Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District, With A
Property Line Within 250 Feet Of North Shore Open Space Park; And Creating Section
138-206, Entitled "City ldentification Signs At City Entrance And Exit Points," ln OrderTo
Establish The Process By Which The City May Erect City ldentification Signs Near The
City's Entry And Exit Points; Providing For Codification; Repealer; Severability; And An
Effective Date. 2:05 p.m. First Readins Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
2.
3.
14
14
Commission Agenda, November 19, 2014
R5 - Ordinances (Continued)
RsM Conditional Uses ln Collins Waterfront District
An Ordinance Amending The Land Development Regulations Of The Code, By Amending 142,
"Zoning Districts And Regulations," Article ll, "District Regulations," Division 3, "Residential
Multifamily Districts," Subdivision ll, "RM-1 Residential Multifamily Low lntensity," To Modify The
Conditional Use Requirements For Properties Located Within The Collins Waterfront Local
Historic District; Providing For Repealer; Severability; Codification; And An Effective Date. 5:05
p.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on October 22,2014 - RsD)
RsN Transfer Of Authority To Grant Variances To Land Use Boards
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administrative And Review Procedures," By Amending Article ll, "Boards", By
Amending Division 3, "Design Review Board", By Amending Section 118-71, "Powers And
Duties," And Section 118-75, "Quorum And Voting," To Create, Clarify And Expand The Role And
Jurisdiction Of The Design Review Board Regarding Variances; By Amending Division 4,
"Historic Preservation Board," By Amending Section 118-102, "Powers And Duties," And Section
118-106, "Quorum," To Create, Clarify And Expand The Role And Jurisdiction Of The Historic
Preservation Board Regarding Variances; By Amending Division 5, "Board Of Adjustment,"
Section 118-136, "Powers And Duties," To Amend The Role And Jurisdiction Of The Board Of
Adjustment; By Amending Article Vl, "Design Review Procedures," Section 118-252, "Applicability
And Exemptions," By Modifying And Clarifying The Role Of The Design Review Board Pertaining
To Single Family Homes; By Amending Article Vlll, "Procedure For Variances And Administrative
Appeals", By Amending Sections 1 18-351 , "Determination Of Jurisdiction," 118-352,
"Procedure,"118-353, "Variance Applications," 118-354, "Variance Conditions And Safeguards,"
118-355 "Variance Time Limits, Decisions Establishment Of Parking Impact Fees, 118-356,
"Revocation Or Modification Of Variance," And Creating Section 1 18-358, "Appeal Of Variance
Decision," To Modify, Expand And Delineate The Applicable Jurisdiction Of The Design Review
Board, Historic Preservation Board And Board Of Adjustment As It Pertains To Variances And
Appeals, To Further Clarify All Applicable Sections Of Article Vlll To Ensure Consistency ln All
Variance Provisions, And Further Clarifying All Applicable Rules, Procedures And Regulations
For Variances; Providing For Repealer; Codification; Severability And An Effective Date. First
Readinq
(Sponsored By Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
RsO North Beach RM-1 Zoning Amendments
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter
142, "Zoning Districts And Regulations," Article ll, "District Regulations," Subdivision 2, "RM-1
Residential Multifamily Low lntensity," Section 142-155, "Development Regulations And Area
Requirements," And Section 142-156, "Setback Requirements," By Adding New Height And
Setback Regulations For Multifamily Buildings ln North Beach; Providing For Codification;
Repealer; Severability; And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking : Planning )
15
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Commission Agenda, November 19, 201 4
R5 - Ordinances (Continued)
R5P An Ordinance Repealing Ordinance No. 1201, Entitled "An Ordinance Of The City Of Miami
Beach, Florida, Changing The Name Of Forty-First (41"1) Street To Arthur Godfrey Road," To
Remove The "Arthur Godfrey Road" Name From Forty-First Street And To Request That The
Florida Department Of Transportation (FDOT) Remove The "Arthur Godfrey Road" Designation
From FDOT Road And Highway Signs; Providing For Repealer, Severability, And An Effective
Date. First Readins
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: City Attorney's Office)
RsQ An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Florida, Entitled
"Public Property," By Amending Article Vl, Entitled "Naming Of Public Facilities And
Establishment Of Monuments And Memorials," By Amending Section 82-503 Thereof, Entitled
"Naming Of Public Facilities; Co-Naming Of Streets," To Prohibit The Co-Naming And Renaming
Of Certain Major Streets Within The City, ldentified Herein As Sth Street, 41't Street, 71't Street,
Collins Avenue, Washington Avenue, Alton Road, And Ocean Drive, Or Any Portions Thereof;
Providing For Codification, Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Weithorn)
(Legislative Tracking: City Attorney's Office)
RsR An Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled "Administration",
Article Vll "Standards Of Conduct", Division 2 "Officers, Employees And Agency Members",
Section 2-462 Thereof Entitled "Prohibiting Members Of City Commission From Having Certain
Post-Service Contracts With City" To Clarify Eligibility Requirements Related To A City
Commission Member's PostService Contract With The City Of Miami Beach And To Specify That
Waiver Requests Of Said Post-Service Contract Proscription Shall Be Limited To Former City
Commission Members And/Or Sitting City Commission Members Who Have Submitted An
lrrevocable Letter Of Resignation, Effective lmmediately Upon Such Grant Of Waiver; Providing
For Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: City Attorney's Office)
16
16
Commission Agenda, November 19, 201 4
R7 - Resolutions
R7A A Resolution Approving, Following A Duly Noticed Public Hearing Pursuant To Section
163.361(2), Florida Statutes, Amendments To The Miami Beach City Center/Historic Convention
Village Redevelopment And Revitalization Area (City Center RDA) Plan, An Approved
Redevelopment Plan Under The Provisions Of Section 163.360, Florida Statutes (The Plan); Said
Amendments: (A) lncorporating The City's Proposed Convention Center Renovation And
Expansion Project; And (B) Providing For An Extension Of The City Center RDA At A Ninety Five
Percent (95%) Tax lncrement Until The Earlier Of March 31, 2044, Or The Date Agency
lndebtedness ls No Longer Outstanding; Further Approving And Authorizing The Mayor And City
Clerk To Execute A Third Amendment, By And Among Miami-Dade County (County), The City,
And The Miami Beach Redevelopment Agency (RDA), To The November 16, 1993 lnterlocal
Cooperation Agreement, As Amended (The lnterlocal Agreement), Related To The City Center
RDA And By Which The County Originally Delegated To The City Certain Redevelopment
Powers Conferred To The County Under Part lll, Chapter 163, Florida Statutes (The Community
Redevelopment Agreement Act Of 1969 Or The Act); And Which Amendment, Among Other
Terms, Extends The Term Of The City Center RDA, As Provided ln The Aforestated Plan
Amendment, And Adds An Additional Member To The Governing Board Of The Agency, Who
Shall Be The Miami-Dade County Commissioner Of County Commission District 5, Pursuant To
Section 163.357(d) Of The Florida Statutes. 10:05 a.m. Public Hearinq/Joint Citv Commission
And Redevelopment Aqencv ltem
(Tourism, Culture & Economic Development)
(Continued from October 29,2014 - R7B)
R7B A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Amended And
Restated lnterlocal Cooperation Agreement, Amending And Restating ln lts Entirety The 1996
Interlocal Cooperation (County) And The City, As Amended (Collectively, The 1996 lnterlocal),
Regarding The Use And Disposition Of The Two/Thirds Portion Of The Convention Development
Tax.
(Tourism, Culture & Economic Development)
R7C A Resolution, Approving, By 5/7th Vote, Following A Duly Noticed Public Hearing, The Co-Naming
Ot 21't Street, Between Washington Avenue And Collins Avenue, As "Collins Park South" And
The Co-Naming 22nd Street, Between Washington Court And Collins Avenue, As "Collins Park
North." 11:10 a.m. Public Hearinq
(Transportation)
R7D A Resolution Approving By 5/7th Vote, Following A Duly Noticed Public Hearing, The Co-
Designation Of 24th Street, Between Pine Tree Drive And Flamingo Drive, As "Women's Club
Way." 11:15 a.m. Public Hearinq
(Requested By Commissioner Weithorn)
(Legislative Tracking : Transportation)
17
17
Commission Agenda, November 19, 2014
R7 - Resolutions (Continued)
R7E A Resolution Approving, Following Second Reading/Public Hearing Of A Development
Agreement As Authorized Under Section 118-4 Of The City Code, And Sections 163.3220 -
163.3243, Florida Statutes, Between The City And 8701 Collins Development, LLC ("8701"),
Which Development Agreement (1) Memorializes The Conditions For Vacating The City's Right
Of Way At 87'n Terrace East Of Collins Avenue ("City Parcel"); (2) Grants To The City A
Perpetual Pedestrian Access Easement Across A Portion Of The Vacated City Parcel; (3)
Ensures The Payment Terms For 8701'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 (4)
Delineates The Conditions For The Construction Of The Project Located At 8701 Collins Avenue
As A Hotel And/Or Residential Condominium Site. 11:25 a.m. Second Readinq Public Hearinq
(City Attorney's Office )
(First Reading Public Hearing on October 29,2014 - R7C)
R7F A Resolution Adopting The Fifth Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY) 2013114. 11:30 a.m.
Public Hearinq
(Budget & Performance lmprovement)
(Memorandum to be Submitted in Supplemental)
R7G A Resolution Adopting The First Amendment To The Capital Budget For Fiscal Year (FY)
2014115. 11:35 p.m. Public Hearinq
(Budget & Performance lmprovement)
R7H A Resolution Setting The Dates For The Year 2015 City Commission Meetings. Joint Citv
Gommission & Redevelopment Agencv
(City Clerk's Office)
R7l A Resolution Establishing A Healthy Food And Beverage Policy For Vending Machines In All City-
Owned Facilities.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Tourism, Culture & Economic Development)
R7J A Resolution Approving And Authorizing A Contribution ln The Amount Of Fifty-Five Thousand
Dollars ($55,000), To The Miami Beach Bowl, In Support Of The lnaugural Miami Beach Bowl
2014.
(Tourism, Culture & Economic Development)
R7K A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
With The National lmmigration Forum To Work With The City Of Miami Beach To Assist Eligible
Employees To Obtain Their Citizenship Through A Series Of Outreach Events, Workshops, And
Civic lnstruction.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking. Human Resources)
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18
Commission Agenda, November 19, 201 4
R7 - Resolutions (Continued)
R7L A Resolution Repealing City Of Miami Beach Resolution No. 11822, Which Established A Full
Time Police Athletic League Coordinator, And Resolution No. 83-17575, Which Created An
Executive Director To Replace The Police Athletic League Coordinator, And Setting Forth An
Effective Date.
(Police)
R7M A Resolution Approving And Accepting The Art ln Public Places (AiPP) Committee
Recommendation To Create An Ad Hoc Art ln Public Places Professional Advisory Committee
For The Miami Beach Convention Center Project ("Advisory Committee") And Establishing Said
Advisory Committee To Advise The A|PP Committee And The City Commission Regarding The
Miami Beach Convention Center Project, And Prescribing The Duties, Manner Of Appointment,
And The Terms Of Office For The Members Of The Advisory Committee.
(Tourism, Culture & Economic Development)
(Memorandum to be Submitted in Supplemental)
R7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Firms, Pursuant To lnvitation To Negotiate (lTN) 2014-326-JR For Public Waterborne
Transportation Services Concession ln The City Of Miami Beach (Water Taxi Services); And
Authorizing The Administration To Negotiate An Agreement With The Sole Proposer, Water Taxi
Miami lnc. And Sightseeing Tours Management, lnc. DIBIA lsland Queen Cruises; And Further
Require That The Administration Present The Final Negotiated Terms To The City Commission
Before Executing An Agreement.
(Transportation/Procu rement)
R7O A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals With Respect To Phase I Of The RFP Selection Process Pursuant To Request For
Proposals (RFP) No. 2014-294-ME, For Design Builder Services For The Miami Beach
Convention Center Renovation And Expansion Project.
(City Manager's Office/Procurement)
R7P A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
With Hill lnternational, lnc., Pursuant To Request For Proposals (RFP) No. 2014-278-ME, For
Owners Representative Services For The Miami Beach Convention Center Renovation And
Expansion Project, ln The Amount Of $4,028,428.
(City Manager's Office/Procurement)
R7Q A Resolution Urging The Board Of Commissions For Miami-Dade County, Florida To Enhance
Efficiencies ln Water And Sewer Systems To Prevent Water And Sewer Rate lncreases.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Public Works)
19
19
Commission Agenda, November 19, 2014
R7 - Resolutions (Continued)
R7R A Resolution Authorizing The Administration To Ballot The Adjacent Homeowners Regarding The
Recommendation Of The Pine Tree/La Gorce Homeowners Association And The Miami-Dade
County Traffic Division, To Convert La Gorce Drive And Pine Tree Drive, From 51't Street To 63'd
Street To Two-Way Facilities; And lncorporating A Traffic Circle At The 51't Street lntersection.
(Public Works)
R7S A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee, And lmplementing A Strategic Pricing Pilot Program For The Normandy Shores Golf
Club By Offering Reduced Rates During The Period Of December 1,2014 Through December
16,2014, And Authorizing The City Administration To lmplement The Recommended Strategic
Pricing Pilot Program.
(Parks & Recreation)
R7T A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 1 To The
Design-Build Agreement Between The City Of Miami Beach, Florida, And Lanzo Construction
Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And Hibiscus lslands
Right-Of-Way lnfrastructure lmprovements (The Project), Dated September 18, 2014 (The
Contract); The Amendment lncludes Additional Design Services Associated With The Recently
Adopted Enhanced Stormwater Criteria ln The Not-To-Exceed Amount Of $251,016 With
Previously Appropriated Fund ing.
(Capital lmprovement Project)
R7U A Resolution Accepting The Following Recommendations Of The Finance And Citywide Projects
Committee With Regard To The Collection Of Outstanding Fee ln Lieu Of Parking (PlF) Accounts
And Authorizing The City Administration And City Attorney's Office To Take Any And All Such
Action As Required, lncluding lnvoicing And Sending Out Notices Of Payment For PIF Accounts
For Fiscal Years 2010 Through 2015; Where Appropriate, Entering lnto Settlement Negotiations
For Payments Of PIF Accounts, Subject To Final Approval Of Any Proposed Settlement(s) By
The City Commission; And, Where Unable To Collect Payment And/Or Negotiate An Approved
Settlement, Further Authorizing The City Attorney's Office To lnstitute The Filing Of A Lawsuit To
Collect The Debt, And Authorizing The Administration To Take Any Appropriate Accompanying
Action(s) lncluding, Without Limitation, The Revocation Of A Delinquent Account's Certificate Of
Occupancy, Certificate Of Use Or Business Tax Receipt.
(City Attorney's Office)
R7V A Resolution Repealing Resolution No. 2012-28041 Which Adopted Administrative Rules For
Chapter 70, Article ll, Division 2 Of Miami Beach City Code Entitled "Bicycling, Skateboarding,
Roller Skating, ln-Line Skating, And Motorized Means Of Transportation," Due To The Adoption
Of Said Administrative Rules Within The City Code Pursuant To Ordinance No. 2014-3883.
(City Attorney's Office)
20
20
Commission Agenda, November 19, 2014
R7 - Resolutions (Continued)
R7W A Resolution Expressing Support For Expediting The Next Phase Of The Beach Corridor Transit
Connection Project Which Evaluates Mass Transit Connectivity Between Miami And Miami
Beach; And Urging The Transportation Partners (i.e. Florida Department Of Transportation,
Miami-Dade Transit, City Of Miami, And City Of Miami Beach) To Allocate The Necessary
Funding Required To Advance To The Next Phase Of The Project (i.e. Project Development And
Environment Phase); And Further Requesting That The Transportation Partners Explore The
lmplementation Of An lnterim Mass Transit Solution ln The lmmediate Term.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking : Transportation)
(Memorandum to be Submitted in the Supplemental)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(City Clerk's Office)
RgAl Board And Committee Appointments - City Commission Appointments.
(City Clerk's Office)
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
RgD Discussion To Clarify That The Scope Of The Telecommunications RFP ls For All City Property,
lncluding Light Poles, Traffic Poles, And Any And All Other Poles Owned, Controlled Or
Maintained By The City ln The City's Rights-Of-Way.
(Requested by Commissioner Jonah Wolfson)
RgE Discussion Regarding Pedestrian Priority Zone.
(Requested by Commissioner Michael Grieco)
(Deferred from October 29,2014 - RgB)
RgF Discussion Regarding Quarterly Disability Sensitivity Training For City Of Miami Beach Public
Works Employees.
(Requested by Commissioner Edward L. Tobin)
RgG Discussion Regarding The Miami Beach Convention Center Booking Policy.
(Tourism, Culture & Economic Development)
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21
Commission Agenda, November 19, 201 4
R9 - New Business and Gommission Requests (Continued)
RgH Discuss Referral To The Planning Board - Proposed lncrease ln The Maximum Building Heights
ln The RM-2 Zoning District.
(Sponsored by Commissioner Jonah Wolfson)
(Leg islative Tracking : Planning)
Rgl Discussion Regarding The Living Wage Ordinance.
(Requested by Commissioner Jonah Wolfson)
(Procurement)
(Continued from October 22,2014 - R5B)
RgJ MacArthur Causeway Update.
(Requested by Commissioner Micky Steinberg)
( Leg islative Tracki ng : Police/Transportation )
(Continued from September 10,2014 - RgR)
RgK Discussion ltem Seeking Direction Regarding Health Services ln Miami Beach Public Schools.
(City Manager's Office)
R9L Discussion Regarding Homeless Outreach ln Residential And High Traffic Areas.
(Requested by Commissioner Michael Grieco)
RgM Discussion And Potential Resolution ln Support Of Faena District Beach-Walk And Streetscape
Plan.
(Requested by Commissioner Michael Grieco)
RgN Discussion Regarding Police Policy And Arresting Of Offenders For Small Amounts Of Marijuana.
(Requested by Commissioner Michael Grieco)
RgO Discussion Regarding Appealing The Decision Of The Special Master ln Case No: HPSM 14-003
Appeal By The Miami Design Preservation League, lnc., Appellees: Miami Beach Community
Church, lnc., South Beach Tristar, LLC, City Of Miami Beach Address: 1620 Drexel Avenue,
Miami Beach.
(City Manager's Office)
RgP Discussion Regarding The Portion Of The Boardwalk That ls Scheduled To Remain lntact
Between 24th And 27th Streets.
(Requested by Commissioner Jonah Wolfson)
RgQ Discussion Regarding Funding For Removal Of The Pine Trees On Pine Tree Drive.
(Requested by Commissioner Jonah Wolfson)
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22
Commission Agenda, November 19, 2014
R9 - New Business and Commission Requests (Continued)
RgR Discussion Regarding The lnstallation Of Parking Stations At The P Lot.
(Requested by Commissioner Edward L. Tobin)
RgS Discussion Regarding Reevaluation Of City Of Miami Beach Tuition Assistance Policy For City Of
Miami Beach Employees.
(Requested by Commissioner Edward L. Tobin)
RgT Discussion Regarding A Resolution Requiring That Any ltem Referred By The City Commission To
A City Commission Committee Be Placed On The Agenda Of That First Committee Meeting
Following The City Commission Meeting At Which Such ltem Was Referred.
(Requested by Commissioner Michael Grieco)
R10 - Citv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
Reports and lnformational ltems
1. Reports And lnformational ltems (see LTC 379-2014)
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
23
23
Commission Agenda, November 19, 201 4
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Genter Drive
November 19,2014
Chairperson of the Board Philip Levine
Member of the Board Michael Grieco
Member of the Board Joy Malakoff
Member of the Board Micky Steinberg
Member of the Board Edward L. Tobin
Member of the Board Deede Weithorn
Member of the Board Jonah Wolfson
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel Raul Aguila
Secretary Rafael E. Granado
AGENDA
1, NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Setting The Dates For The Year 2015 Redevelopment Agency Meetings.
Joint Gitv Commission & Redevelopment Aqencv
(City Clerk's Office)
B A Resolution Of The Chairman And Members Of The Miami Beach Redevelopment
Agency, Recommending Approval By The Mayor And City Commission Of The City Of
Miami Beach, Florida, Following A Duly Noticed Public Hearing Pursuant To Section
163.361(2), Florida Statutes, Amendments To The Miami Beach City Center/Historic
Convention Village Redevelopment And Revitalization Area (City Center RDA) Plan, An
Approved Redevelopment Plan Under The Provisions Of Section 163.360, Florida
Statutes (The Plan); Said Amendments: (A) lncorporating The City's Proposed
Convention Center Renovation And Expansion Project; And (B) Providing For An
Extension Of The City Center RDA At A Ninety Five Percent (95%) Tax lncrement Until
The Earlier Of March 31, 2044, Or The Date Agency lndebtedness ls No Longer
Outstanding; Further Approving And Authorizing The Chairman And Secretary To Execute
A Third Amendment, By And Among Miami-Dade County (County), The City, And The
Miami Beach Redevelopment Agency (RDA), To The November 16, 1993 lnterlocal
Cooperation Agreement, As Amended (The lnterlocal Agreement), Related To The City
Center RDA And By Which The County Originally Delegated To The City Certain
Redevelopment Powers Conferred To The County Under Part lll, Chapter 163, Florida
Statutes (The Community Redevelopment Agreement Act Of 1969 Or The Act); And
Which Amendment, Among Other Terms, Extends The Term Of The City Center RDA, As
Provided ln The Aforestated Plan Amendment, And Adds An Additional Member To The
Governing Board Of The Agency, Who Shall Be The Miami-Dade County Commissioner
Of County Commission District 5, Pursuant To Section 163.357(d) Of The Florida
Statutes. Joint Gitv Commission And Redevelopment Asencv ltem
(Tourism, Culture & Economic Development)
End of RDA Aqenda
24
24
25
26
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
27
CITY CLERK’S OFFICE LOBBYIST LIST
November 19, 2014 Commission Meeting
Lobbyist’s Name Retained by Principal Date
Registered
Amount Disclosed
C7E Approving And Authorizing The Mayor And City Clerk To Execute The Baywalk Authorization Agreement
With Lincoln Bay Towers Association.
Kent Robbins Sierra Club – Miami Group 10.03.2006 No compensation
R5D Parking District No. 5 - Sunset Harbour
Wayne Pathman Greenstreet Real Estate Partners LP 06.25.2012 $425 per hour
David Sacks Greenstreet Real Estate Partners LP 06.25.2012 $374 per hour
R5F RPS Heights And Lot Aggregation
Rafael Andrade M-4000 Alton Owner, LLC 09.30.2014 $10,000 per month
R5K 87th Terrace - Parking Category Comprehensive Plan And Rezoning
Rafael Andrade 8701 Collins Development, LLC. 07.25.2014 $5,000 per month
R7E Approval Development Agreement with 8701 Collins Development, LLC.
Jeffrey Bercow David Martin / Terra Group 12.11.2013 $275 per hour
Alexander Heckler David Martin / 8701 Collins
Development, LLC
12.19.2013 $12,000 per month
Alyssa Kriplen David Martin / Terra Group 12.11.2013 $225 per hour
Michael Larkin David Martin / Terra Group 12.11.2013 $475 per hour
Marcelo Llorente David Martin 12.19.2013 $12,000 per month
Graham Penn David Martin / Terra Group 12.10.2013 $445 per month
Kent Robbins 8701 Collins Development, LLC. 10.29.2014 $565 per hour
R7Q Enhance Efficiencies In Water And Sewer Systems To Prevent Water And Sewer Rate Increases.
Diana Mendez Paul E. Demit/ Parsons Brinkerhoff
04.02.2014 No compensation
R7Q Enhance Efficiencies In Water And Sewer Systems To Prevent Water And Sewer Rate Increases.
Diana Mendez Paul E. Demit/ Parsons Brinkerhoff
04.02.2014 No compensation
R9K Discussion Item Seeking Direction Regarding Health Services in Miami Beach Public Schools .
28
Stacy Kilroy Mount Sinai Hospital
09.17.2014 No compensation
29
c2
COMPETITIVE BID REPORTS
30
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF
QUALIFICATIONS (RFO) NO. 2015-016-YG FOR ARCHITECTURAL
DESTGN SERVICES FOR THE ALTOS DEL MAR PARK PROJECT.
A REQUEST FOR
AND ENGINEERING
Revitalize Kev Neiqhborhoods, Starting With North Beach And Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc.): N/A
iorQualifications(RFo)istoqualifyaProposerforArchitecturaland
Engineering Design Services for the Altos del Mar Park Project ("the Project"). The Altos Del Mar
paiX is located at 7701 Collins Avenue, Miami Beach, FL. The qualified Proposer will be
responsible for providing Architectural, Structural Engineering, MEP Engineering, Civil Engineering,
FDEP Coastal Permitting Consultant, Landscape Architecture, Construction Cost Estimating,
Surveying and Geotechnical services for the Project. The work shall include, but not be limited to,
conceptull drawing(s), surveying, geotechnical, design development, estimate(s) of probable
construction cost, construction documents, permitting, bidding / award, and construction
administration services for the Project.
These contract documents, as a result of this RFQ, will include details for the construction of the
Master Plan for the Altos Del Mar Park. Scope of Services is pursuant to Appendix C, Section C-2,
of this RFQ. Proposed improvements will include a pedestrian entrance, enhancement to existing
parking area, sand volleyball courts, pedestrian beach access, multi-use walkways, bocce courts,
retaining/sitting walls, open sodded area, landscape and irrigation, ADA playground and restroom
facility.
The City seeks Proposals from professional consulting architectural/engineering firms which have
proven experience in the preparation of construction contract documents for parks with facilities and
amenities.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of RFQ
2015-016-YG for Architectural and Engineeri Services for the Altos del Mar
N/A
Financial lnformation:
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
ceAAGENDA ITEM
DATT\ # MIAMIBTACH //-/a-/q31
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: REQUEST FOR APPROVAL TO APTHORIZE THE ISSUANCE OF A REQUEST
FOR QUALIFICATIONS (RFO) NO. 2015-016-YG FOR ARCHTTECTURAL AND
ENGINEERING DESIGN SERVICES FOR THE ALTOS DEL MAR PARK PROJECT.
ADM I NISTRATION RECOM M EN DATION
Authorize the issuance of the RFQ.
BACKGROUND
A Master Plan for the Altos del Mar Park was developed by AECOM on August 2014. The park
is located between 77th St. on the north, 76th St on the south, Collins Ave on the west and the
Beachwalk on the east and contains approximately 2.5 acres.
The key issues taken in consideration while developing the Master Plan included:
. The development of an appropriate range of spaces and facilities for general and passive
recreation, such as, open play areas (non-lighted and lighted), walking paths, landscape
areas, etc.. Performance area with possible movable stage. Opportunities and constraints for the park presented by the adjacent Public Library and
parking lot property
. Accessibility for the surrounding neighborhood via street end connectivity to existing
Beachwalk. Provide input for arts in public place initiatives (art works by others)
Upon execution of the agreement, City officials and Parks and Recreation representatives
determined that it would be prudent to delay the actual project start date until the end of
calendar year 2013 such that all residents, both year-round and seasonal, would be available
for participation in the stakeholder workshop approach to be deployed by the consultant team.
Parks and Recreation leadership assembled the consultant team for an internal workshop on
December 13, 2013 to provide overview guidance and the establishment of City Goals and
Objectives. With this information and directives in-hand, the consultant team began their initial
project due-diligence, site analysis and opportunities and constraints analysis of the subject
property and its outlying areas. Several team meetings were conducted on-site with various city
agencies including representatives from Law Enforcement, Planning and Zoning, Parks and Rec
and a special meeting was held with the City Manager and Assistant Managers for their input
32
City Commission Memorandum - RFQ for Architectural and Engineering Design Services for the Attos det Mar
Project.
November 19,2014
Page 2 of 3
and guidance.
The consultant team then began the process of organizing a series of interactive public
workshops to gain input from the Stakeholders and concerned citizens and to develop the
overall goals and objectives for the park from the neighbors and potential park users. Three
interactive workshops were conducted as follows:
1. Stakeholder Goals and Objectives and park program elements, February 27,2014.
a. This first session was held with approximately 40 citizens and was intended to
familiarize the stakeholders with the inherent attributes of the park, its potential for
development, discussions concerning 'active and passive' uses and the overall
development of potential program elements that would be used in the next session of
concerning development alternatives exploration. The overall consensus was that this
park should be PASSIVE and should be designed as a NEIGHBORHOOD park (vs
Community or Regional Park). lncreasing user safety was a primary consideration for
the future park design.
2. Development Alternatives Exploration, May 1, 2014.
a. The second workshop was attended by approximately 30 citizens and the consultant
team presented three alternative plans; Alternative 1 was summarized as a more formal
Beaus Art style layout with native plantings in a traditional Florida hammock style such
as one might find at Fairchild Gardens. Alternative 2 was expressed as the "Great Lawn"
solution and featured native plantings with a substantial lawn area tilted up towards the
dune highpoint. Alternative 3 featured a more avant-garde approach with a sweeping
wall that separated the park from the dune and featured a bridge element to connect the
main park to a beach observation platform. The workshop ended in an interactive voting
exercise with the Stakeholders voting unanimously for Alternative 1.
3. Preferred Alternative Presentation, June 10,2014.
a. This workshop was attended by 35 citizens and was conducted in an open house
style so that Stakeholders could spend a considerable amount of time reviewing the
Preferred Plan in an extensive question and answer session. The consultant team
stressed that it is critical that the Stakeholders clearly articulate their vision for the park,
and that the park would be a phased over a period of time. A final interactive session
was conducted to determine the Stakeholder priorities for 25 program elements.
Priorities were categorized as 1st,2nd and 3rd and voting tallies were recorded.
Primary Challenges encountered during the master plan development efforts focused on the
inclusion of several "lighting rod" program elements including public restrooms, observation
pavilion, interactive fountain and sand volleyball courts. These elements were debated, both pro
and con, at virtually every workshop with citizens being fairly evenly split on all issues. The
consultant team developed a final plan that included all these elements, however the team
stressed that the master plan is not directing that each of these elements be included in the final
design and construction plans, but if these elements are ultimately included in the park
construction, the master plan has appropriately located each element in the best possible area.
Solutions/Conclusions of the consultant team, stakeholders and City representatives can be
generalized that this is the Vision that the stakeholders, City staff and consultant team have
crafted together in a fair and democratic process. No one gets everything, everyone gets
something.
33
City Commission Memorandum - RFQ for Architectural and Engineering Design Seryices for the Altos del Mar
Project.
November 19, 201 4
Page 3 of 3
The park features a safe and accessible public open space that is unique to this location, but is
in harmony with the high standards of quality demanded by the stakeholders, citizens and city
leadership of Miami Beach. The net result will offer a beautiful, safe and functional city park that
serves the residents, the visitors, the local food, retail and hotel establishments and will provide
people of all ages and abilities a new and exciting venue for enjoying the best that the City of
Miami Beach has to offer.
SCOPE OF SERVICES
Please Reference RFQ 2015-016-YG for Architectural and Engineering Design Services for the
Altos del Mar Project (attached).
MINIMUM QUALIFICATIONS
Please Reference RFQ 2015-016-YG for Architectural and Engineering Design Services for the
Altos del Mar Project (attached).
MI NIM UM DOCUMENTATION SUBMITTAL REQUIREM ENTS
Please Reference RFQ 2015-016-YG for Architectural and Engineering Design Services for the
Altos del Mar Project (attached).
EVALUATION/SELEGTION PROCESS: CRITERIA FOR EVALUATION
Please Reference RFQ 2015-016-YG for Architectural and Engineering Design Services for the
Altos del Mar Project (attached).
CONCLUSION
The Administration
RFQ 2015-016-YG
Project.
ATTACHMENTS
RFQ 2015-016-YG
Project
JLM/MT/DM/AD
recommends that the Mayor and Commission authorize the issuance of
for Architectural and Engineering Design Services for the Altos del Mar
for Architectural and Engineering Design Services for the Altos del Mar
T:\AGENDA\2014\NovembeAProcurement\RFQ 2015-016-YG - Architectural and Engineering Design Services for the Altos del Mar
Project - ISSUANCE MEMO.docx
34
REQUEST FOR QUAL|F|CAT|ONS (RFe)
For Architecturol ond Engineering Design Services for the Altos del Mor Pork Proiect
RFQ 20 r 5-01 6-YG
RFQ ISSUANCE DATE: NOVEMBER 20, 2014
STATEMENTS OF QUALIFICATIONS DUE: DECEMBER 23, 2014
ISSUED BY: YUSBEL GONZALEZ, CPPB
Alex Denis, Director
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Cenler Drive, Miomi Beoch, FL 33.l39
305 .67 3 .7 490 | oden is@miomibeochfl. gov
www.miomibeochfl.gov
35
tullAM iBrACF{
TABLE OF CONTENTS
SOLICITAT!ON SECTIONS:PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ...........................3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 EVALUATTON PROCESS ........... ..........12
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ......,..14
APPENDIX B "NO BID'FORM ......20
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..,.,.,..............23
APPENDTX D SPECTAL CONDTTTONS ........... .................29
APPENDIX E INSURANCE REQUIREMENTS ................31
APPENDIX F ALTOS DEL MAR PARK MASTER PLAN ...................33
APPENDTX G SAMPLE CONTRACT.............. ..................34
RFQ 20 r5-01 6-YG
36
sEcTloN 0200
i.,t, i...:,t.,t *=/z:*
INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Requestfor Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
wilh PublicPurchase to assure it receives any addendum issued to this RFQ, Failure to receive an addendum
may result in disqualification of proposalsubmifted.
2. PURPOSE.
The Purpose of this Request for Qualifications (RFQ) is to qualify a Proposer for Architectural and Engineering
Design Services for the Altos del Mar Park Prolect ("the Project"). The Altos Del Mar Park is located at7701Collins
Avenue, Miami Beach, FL. The qualified Proposer will be responsible for providing Architectural, Structural
Engineering, MEP Engineering, Civil Engineering, FDEP Coastal Permitting Consultant, Landscape Architecture,
Construction Cost Estimating, Surveying and Geotechnical services for the Project. The work shall include, but not
be limited to, conceptual drawing(s), surveying, geotechnical, design development, estimate(s) of probable
construction cost, construction documents, permitting, bidding / award, and construction administration services for
the Project.
These contract documents, as a result of this RFQ, will include details for the construction of the Master Plan for the
Altos Del Mar Park. Scope of Services is pursuant to Appendix C, Section C-2., ol this RFQ.
Proposed improvements will include a Pedestrian Entrance, Enhancement to existing parking area, Sand Volleyball
Courts, Pedestrian Beach Access, Multi-use Walkways, Bocce Courts, Retaining/sitting Walls, Open Sodded Area,
Landscape and lrrigation, ADA Playground and Restroom Facility,
The City seeks Proposals from professional consulting architectural/engineering firms which have proven experience
in the preparation of construction contract documents for Parks with Facilities and Amenities. The successful firm
must have the financial resources and technical expertise to provide the services requested in this RFQ and prepare
the associated construction contract documents that allow the City of Miami Beach to advertise, bid and award a
contract for the construction services.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
RFA 2015-016-YG
37
ATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued NOVEMBER 20,2014
Pre-Submittal Meeting DECEMBER 2,2014 AT 2:00 PM
Deadline for Receipt of Questions DECEMBER,15,2014 AT 5:00 PM
Responses Due DECEMBER 23,2014 AT 3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
.:... 1. ..?z?- 2 V., ,a4l-:4- -.; *:*' -* 1 i
3. SOLICITATION
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
YusbelGonzalez, CPPB
Telephone:
305-673-7000 ext. 6230
Email:
vusbelqonzalez@miamibeachfl .qov
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). 0nly if deemed necessary by the City,
a pre-proposal meeting or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall- 4tt Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. PRE-STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions
received by prospective Proposers are not binding on the City and will be without legal effect, including any
information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be
RI-O 20 I5.O I6-YG
38
,,t ., ;:-..,' 1t,, *=A:*
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at:
http.//librarv.municode.comiindex.aspx?clientlD= 1 3097&statelD=9&statename=Florida
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly
prohibited with the of exception communications with the Procurement Director, or his/her administrative staff
responsible for administering the procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miam i beachfl,qov/procu remenUscroll. aspx?id=235 1 0
r CONE 0F S|LENCE.... CITY CODE SECTION 2486
o PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH 2406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
ISSUES..,,....... CITYCODESECTION24SS
o REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS,..... CITY CODE SECTION 2-373
r LIVING WAGE REQUIREMENT.......,... CITY CODE SECTIONS 2407 THR0UGH2410. LOCAL PREFERENCE FOR lulAMl BEACH-BASED VENDORS...... .. CITY CODE SECTION 2-372
r PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374
o FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES,... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. MIAMI BEACH.BASED VENDORS PREFERENCE. NOT APPLICABLE
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
RFQ 201 5-01 6-YG
39
; Z;C,-
13, DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
the propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
Qualifications. The City Manager's recommendation need not be consistent with the scoring results identified herein
and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or
interference,
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, rgect the City Manager's recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also relect all Statement of Qualifications. Upon
approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take
place to arrive at a mutually acceptable Agreement, including cost of services.
14. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to relect any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
15. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part
of the Proposer.
16. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility (and shall
be at the sole cost and expense) of the Proposer , and shall not be reimbursed by the City.
17. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Statement of Qualifications being non-responsive.
20. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
RI-O 20 I5.O I6.YG
40
i..,' :.:,..l.;,, *=?.;"*
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format,
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work,
22. MANNER 0F PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes, Lack of
knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where consultant is required to enter or go on to City of Miami Beach property to deliver materials or perform work
or services as a result of any contract resulting from this solicitation, the consultant will assume the full duty,
obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies
with all applicable laws. The consultant shall be liable for any damages or loss to the City occasioned by negligence
of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
23, SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
24. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this solicitation.
C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require proposer s to show proof that they have been designated as authorized representatives
Rr-Q 20 t5-0 t6-YG
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::';,,:'L.1,t:*=A{-
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
26. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or othenrvise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
27. LAWS. PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
28. OPTIONAL CONTRACT USAGE, When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. VOLUME OF WORK TO BE RECEIVED BY CONSULTANT. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the consultant, However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
30. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The proposer's proposal in response to the solicitation.
31. INDEMNIFICATION. The consultant shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the consultant or its employees, agents, servants, partners, principals or
subcontractors. The consultant shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The consultant
expressly understands and agrees that any insurance protection required by this Agreement or othenrrrise provided
by the consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided, The above indemnification provisions shall
survive the expiration or termination of this Agreement.
32. CONTRACT EXTENSION. The City reserves the right to require the Consultant to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the consultant.
33. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Art.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier,
RFQ 2U I5-O I6.YG
42
3r 5.:-
Additionally, Consultant agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law, (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
34. MODIFICATION/WITHDRAWALS 0F QUALIFICATIONS. A Proposer may submit a modified Statement of
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
award will not be considered.
35. EXCEPTIONS T0 RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered, All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or relect any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFO).
36. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposals shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Statement of Qualifications. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
RFQ 20]5 OI6 YG 9
43
sEcTloN 0300
',* u l,*
, " 1:?4tf=
SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids, Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered late and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or othenrrrise,
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1 Cover Lefter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ifications requirements established in Appendix C, Minimum Requirements and Specifications.
& Qualifications
PROPOSERS MAY SUBMIT THE BELOW REQUESTED INFORMATION UTILIZING THE ENCLOSED STANDARD
FORM 330 - ARCHTTECT.ENGTNEER QUALTFTCATTONS (ATTACHED).
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services as identified in this solicitation, including experience in
providing scope of services to public sector agencies. Proposer must submit five (5) relevant projects, performed in the
last five (5) years as evidence of experience; the following is required: project description, agency name, agency
contact, contact telephone & email, and yea(s) and term of engagement,
2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all personnel
and consultants to be used for this project if awarded, the role that each team member will play in providing the services
detailed herein and each team members' qualifications. A resume of each individual, including education, experience,
and any other pertinent information, shall be included for each respondent team member to be assigned to this contract,
For each architect and engineer, include information for five (5) relevant projects, performed in the last five (5) years for
public sector clients. Relevant projects shall include those projects similar in scope to those services listed in this RFQ.
2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification
to the Procurement Contact named herein. No will be considered without receipt, by the
RFA 20r5 0r6YG r0
44
i'. ;, /:..1.r'..', *7 ?,{*
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
800-424-2495.
h and
For the scope of services outlined in Tab 3, Scope of Services, submit detailed information on the approach and
methodology, how Proposer plans to accomplish the proposed scope of services, including detailed information, as
applicable, which addresses, but need not be limited to: implementation plan, project timeline, phasing options,
testing and risk mitigation options for assuring project is implemented on time and within budget.
Also, provide information on Proposer's current workload and how the potential project(s) will fit into Proposer's
workload, Describe available facilities, technological capabilities and other available resources you offer for the
potential prolect(s).
Lastly, submit verifiable evidence of Proposer's intent to utilize Disadvantaged Business Enterprise (DBE) Firms.
Accepted DBE certifications include the Small Business Administration (SBA), State of Florida, or Miami-Dade
Coun
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
RFa 2015016YG il
45
)1),C.
SECTION ()4OO STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Commiffee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be fonrrrarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee, The second step will consist of quantitative criteria established below to be added to
the Evaluation Committee results by the Department of Procurement. An Evaluation Committee, appointed by the
City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all Statement of Qualifications received, with or without conducting interview sessions; or. review all Statement of Qualifications received and short-list one or more Proposer to be further considered
during subsequent interview session(s) (using the same criteria).
Experience and Qualifi cations
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step
1, as follows.
Veterans Preference
The volume of work previously awarded to each firm by the City
within the last three See Section 4 below.
Volume of Work Points: Points awarded to the proposer for volume of work awarded by the City in the last three (3) years
in accordance with the following table:
Less than $250,000 5
$250,000.01 - $2,000,000 3
Greater than $2,000.000 0
RFQ 20r5-016-YG 1)
46
=':-:a,*=A;?,5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement. Step 1 and 2
scores will be converted to rankings in accordance with the example below:
Step 1
Points 82 76 80
Step 2
Points 10 5 5
Total 92 81 85
EFank 1 3
Step 1
Points 85 85 72
Step 2
Points 't0 5 5
Total 95 90 77
Rzt*,.:.a 2 g.
&mrEittee
lfiwp,ber2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 7',!
,1./1/z:la::. Rank 1 Z 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results,
RI-C] 20 I5-O I6-YG r3
47
APPENDIX A
**,,^?€\Z*T&C*
Response Certificotion,
auestionnoire &
Req uirements Affid ovit
RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering
Design Services for the Altos del Mor
Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33,l39
48
Solicitation No:
RFQ 2015-016-YG
Solicitation Title:
Architectural and Engineering Design Services for the Altos del Mar Park
Proiect
Pr0curement u0ntacl:
YusbelGonzalez, CPPB
lel:
305-673-7000 Ext. 6230
Email:
vusbeloonzaleztOm iam ibeachfl . oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated, This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proooser lnformation.General Proposer I nformation.
FIRM NAME:No. of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP UUUE:
TELEPHONE NO.:
TOLL FREE NO,:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACC0UNT REP EI\'lAlL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
AppendixA-Poge 1
RFA 20r5 0t6YG
49
2.
Veteran Owned Business. ls proposer claiming a veteran owned business status?f--l ves f--l ruo
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3)Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
[__-l vEs [--l r.ro
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statement of Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as deflned in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
6.
RFA 2015-016-YG AppendixA-Poge2
50
8.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, proposers
shall be required to pay all covered employees who provide services pursuant to this Agreement, the hourly living wage rates listed
below:
o Cunently, the hourly living wage rate is $11.28/hr with health benefits of at least $1.64 an hour, or a living wage of not
less than $12.92 an hour without health benefits.o Commencing Januarv 1, 2015, the hourly living wage rate will be $11.62/hr with health benefits of at least
$1.69 an hour, or a living wage of not less than $13.31/hr without health benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's
Bureau of Labor Statistics, Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this bid, under which the City may, at its
sole option, immediately deem said proposer as non-responsive, and may further subject proposer to additional penalties and
fines, as provided in the City's Living Wage Ordinance, as amended. For further information about Living Wage requirements,
please contact the City's Contracts Compliance Administrator at 305-673-7490.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 5'l or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?[-l vrs [--l ruo
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?[--l ves l__--] ruo
c. Please check all benefits that apply to your answers above and list in the "other" section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl .gov/procuremenU.
RFA 20r5-016-YG AppendixA-Poge3
51
10.
Public Entity Crimes. Section 287 .133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287.0'17 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Rpmint
lnitial to Conflrm
Receiot
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
RFA 20t50t6YG AppendixA-Poge4
52
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No wananty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be conskued to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Rl-Q 20 t5-016-YG AppendixA-Poge5
53
I hereby certify that: l, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges
that all information contained herein is part of the public domain as deflned by the State of Florida Sunshine and Public
Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications
Certification, Questionnaire and Requi Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me _ who
of
Countyof _) stated that (s)he is the
, a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
RFa 201 5-01 6 YG AppendixA-Poge6
54
APPENDIX B
*,^Afz,**A*14
"No Bid" Form
RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering
Design Services for the Altos del Mor
Pork Project
DEPARIMENT OF PROCU REMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
55
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TIME FOR REASON(S) CHEGKED AND/OR TNDTCATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN:Yusbel Gonzalez
STATEMENTS OF QUALI FICATIONS #201 5.01 6.YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFG 2015-016-YG AppendixB-Poge I
56
APPENDIX C
f\f\A*,h/\,**AC1n
Minimum Requirements
& Specificotions
RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering
Design Services for the Altos del Mor
Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
57
C1. M!NIMUM REQUIREMENTS:
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit
detailed verifiable information affirmatively documenting compliance with each minimum
requirement. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
1, Proposer must have a minimum of five (5) years' experience and have completed at least
five (5) projects similar in scope and volume demonstrating the Proposer's experience
providing services for the design of park facilities.
2. Architects and Engineers must have a minimum of five (5) years' experience in their
designated professional specialization in similar projects.
3, Architects and engineers must be licensed by the Florida Department of Business and
Professional Regulation.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants
Competitive Negotiations Act (CCNA).
C2. STATEMENT OF WORK REQUIRED.
A Master Plan for the Altos del Mar Park was developed by AECOM on August 2014 (please refer
to Appendix F). The park is located between 77th St. on the north, 76th St on the south, Collins
Ave on the west and the Beachwalk on the east and contains approximately 2.5 acres.
The key issues taken in consideration while developing the Master Plan included:. The development of an appropriate range of spaces and facilities for general and passive
recreation, such as, open play areas (non-lighted and lighted), walking paths, landscape
areas, etc.o Performance area with possible movable stage. Opportunities and constraints for the park presented by the adjacent Public Library and
parking lot property. Accessibility for the surrounding neighborhood via street end connectivity to existing
Beachwalko Provide input for arts in public place initiatives (art works by others)
The proposed improvements will be based on the approved Master Plan and include at a minimum
the following amenities:. ADA Playgroundo Pedestrian Entrance,o Restroom Facility,. Multi Purpose Entry Plaza,. Enhancement to existing parking area, including additional Handicap Parking Spaces.. Sand Volleyball Courts,. Pedestrian Beach Access,. Multi-use Walkways,. Bocce Courts,
RFA 2015-0r6YG AppendixC-Poge 1
58
. Retaining/sittingWalls,. Open Sodded Area,. Landscape and lrrigation.o Lighting (as allowable by the regulatory agencies)
The Proposer shall provide Architectural, Structural Engineering, MEP Engineering, Civil
Engineering, FDEP Coastal Permitting Consultant, Landscape Architecture, Construction Cost
Estimating, Surveying and Geotechnical services for the Pro;ect. The work shall include, but not be
limited to, conceptual drawing(s), surveying, geotechnical, design development, estimate(s) of
probable construction cost, construction documents, permitting, bidding / award, and construction
administration services for the Prolect.
Plans shall include all necessary drawings and technical specifications needed to construct the
improvements and shall be defining documentation of what is authorized and approved,
Documents may be developed in multiple packages based on project phasing schedule,
Proposer shall:
Prepare utility coordination, permits and advise of all fees associated with all site, utility
etc, work.
Prepare presentation materials to illustrate the final design and participate in public
outreach and regulatory agency review meetings.
Obtain all required building permits as well as any other permits necessary for the
construction of the Park Facilities and attend public meetings as required by the City.
The Proposer shall be required to provide design and construction documents for a minimum of
two phases;
Phase One (1): Park Elements as follows:
Pedestrian Entrance, Enhancement to existing parking area, Sand Volleyball Courts,
Pedestrian Beach Access, Multi-use Walkways, Bocce Courts, Retaining/sitting Walls,
Open Sodded Area, Landscape and lrrigation, ADA Playground and Restroom Facility
(Originally in Phase 3, but now to be included in this Phase).
Phase Two (2): Multi-Purpose Entry Plaza
Multi Purpose Entry Plaza- lnteractive Fountain
RFA 2015 016-YG AppendlxC-Poge2
59
PREF EE=EO ALTERNATII/=
The Proposer shall be tasked with, but not limited to, the following duties and responsibilities:
Task One (1)-Design Services:
The purpose of this task is to establish requirements for the preparation of contract documents for
the Prolect. The project will be phased accordingly:
Phase One (1): Park Elements: Pedestrian Entrance, Enhancement to existing parking
area, Sand Volleyball Courts, Pedestrian Beach Access, Multi-use Walkways, Bocce
Courts, Retaining/sitting Walls, Open Sodded Area, Landscape and lrrigation, ADA
Playground and Restroom Facility.
Phase Two (2): Multi-Purpose Entry Plaza: Multi-Purpose Entry Plaza,lnteractive Fountain
The Consultant will be required to prepare construction and permit documents for the design and
construction documents of the Park Elements as described in Phase One and Phase Two, as to
possibly have the versatility to be bid and constructed at either separate times or together,
The Consultant shall be required to perform a variety of forensic tasks to verify existing conditions
and the accuracy of any available as-built drawings, surveys and maps to be used for development
of the contract drawings.
The Consultant shall:
RFQ 2015 016-YG AppendixC-Poge3
60
Prepare contract documents, inclusive of drawings, specifications and front-end
documents.
Establish requirements with regard to constructability and value engineering reviews.
Prepare Statements of Probable Construction Cost as defined by the American
Association of Cost Engineers.
Present to the Community Design Review Meeting (CDRM)
lncorporate revisions to the contract document based upon the input received from the
residents and approved by the City at the Community Design Review Meeting (CDRM)
Specify requirements for review of contract documents with jurisdictional permitting
agencies prior to finalization
The Consultant shall establish and maintain an in-house Quality Assurance / Quality Control
(OAJOC) program designed to verify and ensure the quality, clarity, completeness, and
constructability of its contract documents. ln addition, the selected firm shall follow City standards
for the preparation of contract documents, inclusive of drawings, specifications, front-end
documents and cost estimates at every phase. Presentation formats for review submittals shall be
prepared for submittal to the City's Design Review Board during the Conceptual Phase, and at
30% and 60% (Design Development Phase), 90% (Construction Documents Phase) completion
stages. Contract documents shall be subject to Constructability and Value Engineering reviews by
City and/or others.
The Consultant will work with the City to revise/adjust project scope as may be deemed necessary
to meet established budgets as design evolves through the design stages of completion.
ln addition, the selected firm shall extend and participate in a community design review meeting
and a pre-construction / kick off meeting with the residents to review the design. To facilitate the
implementation of a Public lnformation Program, the selected firm will provide electronic files of all
project documents, as directed by the City.
The Consultant shall be responsible for securing all required regulatory approvals of its contract
documents from all applicable jurisdictional agencies and boards prior to finalization, and will be
responsible for initiating submittals and reviews in a timely manner,
Task Two (2)-Bid and Award Services:
The Consultant shall assist the City in the bidding and award for Phase One and Phase Two
portions of the project scope. Such assistance shall include attending pre-bid conferences,
assisting with the preparation of necessary contract addendum, attending bid openings where
applicable, and assisting with bid evaluations. The intent is to have the versatility to bid as one
package or in phases. The selected firm shall provide "As-Bid" documents for use during
construction.
RFA 2015016YG AppendixC-Poge4
61
Task Three (3)-Construction Administration Services:
The Consultant shall perform a variety of tasks associated with the administration of the
construction contract and construction management of the project. These shall include attendance
at the pre-construction conferences, attendance at weekly construction meetings, responding to
contractor Requests for lnformation (RFl), clarification, responding to and evaluating contractor
requests for change orders, contract amendments, review of shop drawings, review of record
drawings, review and recommendation of contractor applications for payment, specialty site visits,
project closeout reviews, including substantial completion, final punch list development and project
certification of final completion and acceptance, and warranty administration,
Task Four (4)-Additional Services: No additional services are envisioned at this time. However,
if such services are required during the performance of the work, they will be requested by the City
and negotiated in accordance with the Contract requirements.
Task Five (S)-Reimbursable Services: The City may reimburse additional expenses, such as, but
not limited to, reproduction costs, material testing as applicable.
RFQ 2015-016-YG AppendixC-Poge5
62
APPENDIX D
*4*,*Z**ACtl
Speciol Conditions
RFQ No.20l 5-0 l6-YG
Architecturol on,C Engineering
Design Services for the Altos del Mor
Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
63
1. TERM OF CONTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRIGES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable.
5. INDEMNIFICATION. Not Applicable.
6. PERFORMANCE BOND. Not Applicable.
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable.
9. DELIVERY REQUIREMENTS. Not Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
11. BACKGROUND CHECKS. Not Applicable.
12. COMPETITIVE SPECIFICATIONS. lt is the goal of the City to maximize competition
for the project among suppliers & contractors. Consultant shall endeavor to prepare all
documents, plans & specifications that are in accordance with this goal. Under no
condition shall Consultant include means & methods or product specifications that are
considered "sole source" or restricted without prior written approval of the City.
RFQ 2015 0r6-YG AppendixD-Poge 1
64
APPENDIX E
t&,&*Z*TACH
I nsuro nce Requirements
RFQ No.20l 5-0 l6-YG
Architecturol ond Engineering
Design Services for the Altos del Mor
Pork Project
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
65
l',&,&?&Z**&**
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
The provider shall furnish to Department of Procurement, City of Miami Beach, 1700 Convention Center Drive, 3d Floor, Miami
Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been obtained which meets the
requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined
single limit per occurrence for bodily injury and property damage. City of Miami Beach must be shown as an
additional insured with respect to this coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in connection with the
work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily injury and
property damage.
D. Professional Liability lnsurance in an amount not less than $2,000,000 with the deductible per claim, if any, not
to exceed 10% of the limit of liability.
A waiver of subrogation in favor of the City must be included for the policies required above. The insurance coverage required
shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of
the vendor.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of
Florida, with the following qualifications:
The company must be rated no less than "B+" as to management, and no less than "Class V" as to financial
strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All lnsurance
Companies Authorized or Approved to Do Business in Florida" issued by the State of Florida Department of
lnsurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance notice to the
certificate holder. CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17()O CONVENTION CENTER DRIVE
3d FLOoR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under
any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
RFG 2015-016-YG AppendixE-Poge 1
66
APPENDIX F - ALTOS DEL MAR PARK MASTER PLAN
APPENDIX G - SAMPLE CONTRACT
(TO BE SUBMTTTED UNDER SEPARATE COVER)
67
THIS PAGE INTENTIONALLY LEFT BLANK
68
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO
BrD (rTB) NO.2014-168-SW FOR TNSPECTTON AND MATNTENANGE OF PARKTNG LOT
LIGHTING.
Maintain City's lnfrastructure.
Supporting Data (Surveys, Environmental Scan, etc.):
ltem Su mmary/Recommendation :
The purpose of lnvitation to Bid (lTB) No.2O14-168-SW was to establish a contract, by
means of sealed bids, with a qualified vendor(s), to provide maintenance and/or repair of
parking lots lights at the various City-owned surface parking lots, totaling approximately 600
light fixtures. Responsibilities include the maintenance and replacement of head fixtures,
bulbs, photo cells, wires and fuses. The work includes bi-weekly night inspections to assure
parking lot lighting systems are maintained in full working capacity to the greatest extent
possible.
The Procurement Department issued lnvitation to Bid (lTB) No. 2014-168-SW, on September
3'd,2014, with a bid opening date of September 30th, 2014. A total of two (2) addendums
were issued. The Procurement Department issued bid notices utilizing the Public Group and
via email. A total of three (3) bids were received from the following bidders: Edd Helms
Electric, Enterprise Electrical, lnc., and R & D Electric, lnc.
RECOMMENDATION:
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
contracts pursuant to ITB No. 2014-168-SW to the following: Enterprise Electrical
Contracting, as the primary vendor, and R & D Electric, lnc., as the secondary vendor.
Board Recommendation:
Financial lnformation :
Source of
Funds:/e Amount Account
1 $48,062.40 480-0463-000325
OBPI Total $48,062.40
Financial lmpact Summary: The annual cost associated with the inspection and
maintenance of parking lot lighting is subject to funds availability approved through the
City's budgeting process.
Alex Denis, Extension 7490 and Eric Carpenter, Extension 7080
AGENDA
'TEM
CEB
oerc //-/?^/?E MIAMIBEACH 69
r.-'.-.
Ii-r-
Ul- r, r-,. iL.' t.'. - I ;
Ciiy of lliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
PROCUREMENT DEPARTMENT
I el 30547 3-7 490. Fox: 7 8639 +407 5.
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offthe City C
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
INVITATION TO BID NO. 2014.168.SW, FOR INSPEGTION AND
MAINTENANCE OF PARKING LOT LIGHTING.
KEY INTENDED OUTCOME
Maintain City's lnfrastructure.
FUNDING
fundinq for this followslheIILIS AS
Fund Name Fund Code Amount
Contract Maintenance 480-0463-000325 s48,062.40
BACKGROUND
The purpose of lnvitation to Bid (lTB) No.2014-168-SW was to establish a contract, by
means of sealed bids, with a qualified vendor(s), to provide maintenance and/or repair of
parking lots lights at the various City-owned surface parking lots, totaling approximately
600 light fixtures. Responsibilities include the maintenance and replacement of head
fixtures, bulbs, photo cells, wires and fuses. The work includes bi-weekly night
inspections to assure parking lot lighting systems are maintained in full working capacity
to the greatest extent possible.
ITB PROCESS
The Procurement Department issued an lnvitation to Bid 2014-168-SW, on September
3'd,2014, with a bid opening date of September 30,2014. A total of two (2) addendums
were issued. Twenty-Four (24) Bid Notices were issued via Public Purchase. A total of
three (3) bids were received from the following bidders:
o Edd Helms Electrico Enterprise Electrical lnc.o R&DElectric, lnc.
70
The three (3) bids received were reviewed by the Procurement staff and all were
deemed responsive to the bid requirements. The bids were tabulated and the following
are the results. While there is a wide variance in the total cost (3 years) proposed by the
bidders, the Procurement Department confirmed that, in fact, the prices indicated in the
table below are each bidder's total cost.
As required in the lTB, bids were evaluated for compliance with the minimum qualifications and
specification requirements, including :
1. Licensing Requirements: Company or its employee shall be a State of Florida Elechical
Contractor or Miami-Dade Master Electrician.
Enterprise Electrical Contracting, lnc., is a State of Florida certified and licensed
electrical contractor. State License number is: EC13004436 and expires on August
31, 2016.
R & D Electrical, lnc., is a State of Florida certified and licensed electrical
contractor. State License number is: EC13001534 and expires on August 31,
2016.
2. Previous Experience: Bids will only be considered from firms that are regularly engaged in
the business of providing goods and services as described in this Bid for a minimum of three
(3) years and provide a contact name and phone number for verification. Bidder must list at
least one (1) governmental agency currently being serviced or have been serviced by the
bidder within the last three (3) years and provide a contact name and phone number for
verification.
Enterprise Electrical Contracting, lnc. and R & D Electric, lnc,, submitted three (3)
individual references which exemplify their experience in projects similar in scope
and volume to the work indicated in the lTB,
3. Financia! Stability and Strength: Bidders must be able to demonstrate a good record of
performance for a reasonable period of time, and have sufficient financial resources to ensure
that they can satisfactorily provide the goods and/or services required herein,
Enterprise Electrical Contracting, Inc. has a good record of performance and
has the financial resources to ensure that they can satisfactorily provide the goods
and/or services required in the lTB. Their latest Supplier Qualifier Report from
TABU LATION SHEET !TB-2014-158.SW
TOTATS BY GROUP BASED ON THREE YEARS
Enterprise Electrical
Contractins R&DElectric,lnc.EDD Helms Electric
Group 1A
lnspection and
Maintenance of Light
Poles S 144.L87.2o S 2so.2o7.20 S 1.455.120.00
71
Dun & Bradstreet indicates that their financial condition is "Good" and they have
Supplier Evaluation Risk (SER) rating 5 out of 9. The lower the score, the lower
the risk.
R & D Electric, lnc. has a good record of performance and has the financial
resources to ensure that they can satisfactorily provide the goods and/or services
required in the lTB. Their latest Supplier Qualifier Report from Dun & Bradstreet
indicates that their financial condition is "Good" and they have Supplier Evaluation
Risk (SER) rating 5 out of 9. The lower the score, the lower the risk.
4. Product or Service Requirements: As a result of the due diligence of bids, Enterprise
Eleckical Contracting, lnc., has been deemed the lowest responsive and responsible bidde(s)
meeting allterms, conditions, and specifications of the lTB,
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB-2014-168-SW, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Enterprise Electrical Contracting, the lowest
responsive, responsible bidder to the ITB as the primary vendor; and R & D Electric,
lnc., as the secondary vendor; and further authorize the Mayor and City Clerk to execute
the contracts.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida approve the City manager's recommendation pertaining to the bids
received, pursuant to lnvitation to Bid (lTB) No. 2014-168-SW for lnspection and
Maintenance of Parking Lot Lighting.
72
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
2014.230.YG ROADWAY IMPROVEMENTS VARIOUS PROJECT AREAS.
Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On
Cleanliness, Historic Assets, ln Select Neiqhborhoods And Redevelopment Areas
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
Various roadway improvements are needed throughout different areas of the City as follows:26th
Street-Flamingo Place Drainage lmprovements; (#1) 75th Street; (#2) 77th Street; (#3) Vicinity of
(#4) 4541 North Bay Road; (#5) Dade Boulevard and North Lincoln Lane.
To seek a qualified contractorto complete the desired scope, ITB No. 2014-230-YG, was issued on
July 23, 2014. Notices were sent to three hundred forty{wo (342) firms with forty (40) prospective
bidders downloading the solicitation. The ITB resulted in the receipt of two (2) responses on
September 16,2014:from Southern Underground lndustries, lnc., and Team Contracting, lnc. The
bid tabulation is attached. Southern Underground lndustries, lnc., has been deemed the lowest
responsive and responsible bidder(s) meeting all terms, conditions, and specifications of the lTB.
The City Manager has considered the bids received, pursuant to ITB 2014-230-YG, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the
award of a contract to Southern Underground, lnc., the lowest responsive, responsible bidderto the
ITB; and further authorize the Mayor and City Clerk to execute the contracts for ltems 1,2,3 & 4. lt
is further recommended that the Mayor and City Commission authorize the City Managerto execute
the contract (and negotiate any changes to scope as may necessary) for ltem 5, after the Land Use
Committee further reviews this work under this ltem by February 2015. The reason for the
recommended action on item 5 (Dade Boulevard Landscape Project) is due to the recommendation
of the Land Use Committee on November Sth that the Dade Blvd landscaping project be brought
back to that Committee in January.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB
2014-230-YG, for Roadway I nts to Various Proiect Areas.
Financial lnformation:
Source of
Funds:
.1 ^r@
Amount Account
1 $410,399.50 429-27 38-069357 and 1 87 -27 40-069357
2 $38,305.20 1 87 -2509-069357 and 1 87 -27 40-069357
3 $37,536.90 187-2740-069357
4 $119,012.00 429-2205-069357
Total $605,253.60
Financial lmpact Summary:
Clerk's Office islative Trackin
Alex Denis, Director Ext # 6641
1 4\November\Procurement\lTB -20 1 4-230-ents Various Project Areas -
AGEHEA nem CRL
shrl //-//-/?# MIA&AI ffiHACH 73
g MIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City
DATE: November 19,2014
Manager
SUBJECT: REQUEST FOR APPROVAL TO A CONTRACT PURSUANT TO INVITATION
TO BID (lTB) 20',1 4-230-YG !M PROVEM ENTS VARIOUS PROJECT AREAS.
KEY INTENDED OUTCOME
Enhance Beauty And Vibrancy Of Urban And Residential Neighborhoods; Focusing On
Cleanliness, Historic Assets, ln Select Neighborhoods And Redevelopment Areas
FUNDING
The funding for this prolect is as follows:
26th Street-Flamingo Place Drainage lmprovements.
429-2738-069357 AND 1 87-2740-069357 Bid Amount: $410,399.50
75th Street.
187-2509-069357 AND 1 87-2740-069357 Bid Amount: $38,305.20
77th STREET
187-2740-069357 BidAmount: $37,536.90
Vicinity of 454'l North Bay Road
429-2205-069357 BidAmount: $119,012.00
BACKGROU N D I N FORMATION
Various roadway improvements are needed throughout different areas of the City as follows:
PROJECT AREA # 1:26th Street-Flamingo Place Drainage lmprovements.
Drainage improvements are needed along W 26 Street between Pine Tree Drive and
Flamingo Drive and Flamingo Place between 25 and 26 Streets, in the Bayshore
Neighborhood. The new drainage work and road reconstruction will provide
improved protection for flooding in the area. The work needed includes, but is not
limited to: installation of drainage pipes, install precast inlets, precast manholes,
install in-line check valve in existing outfall pipe, install manatee grate, install
concrete curb and gutters, install6-in Miami Beach Red sidewalk,4-in Miami Beach
Red sidewalk, ADA ramps, SOD restoration, pavement reconstruction, signalization,
pavement markings, traffic control and all ancillary and miscellaneous work for a
complete prolect.
74
Commission Memorandum
ITB 2014-230-YG ROADWAY IMPROVEMENTS VARIOUS PROJECT AREAS
November 19,2014
P a g e l2
PROJECT AREA #2:75th Street.
Two blocks of 75th Street require asphalt maintenance due to the bad condition of
the existing pavement. The work needed includes, but is not limited to: milling and
resurfacing approximately 1,400 square yards of road, pavement markings, traffic
control and all ancillary and miscellaneous work for a complete project.
PROJECT AREA # 3: 77th Street. Background:
Two blocks o'f 77th Street require asphalt maintenance due to the bad condition of
the existing pavement. The work needed for this location includes but is no limited to:
milling & resurfacing of 1 ,324 square yards of road on 77th Street between Dickens
Avenue and Byron Avenue, pavement markings, traffic control and all ancillary and
miscellaneous work for a complete project.
PROJECT AREA # 4: Vicinity ot 4541 North Bay Road.
The section of North Bay Road, between 4501 North Bay Road and 4555 North Bay
Road, floods during rainfallevents. As such, several complaints have been received
from residents in this area. Drainage improvements to this area are needed to
address this problem.
The work needed in this area includes the installation of 100LF of l5" diameter
42000 PVC pipe, five (5) 48" diameter catch basin structure, one (1) 48" diameter
manhole structure, one (1)60" X 48" manhole structure, one (1)32" X 32" catch
basin structure, and replace one (1 ) existing manhole cover with USF 4105 Frame &
6224 Grale. The work also includes restoration, milling and resurfacing, swale
reclamation, roadway reconstruction, driveway restoration, pavement markings,
traffic control and miscellaneous work for a complete project.
PROJECT AREA # 5: Dade Boulevard and North Lincoln Lane.
The original Dade Blvd shared-path pro1ectwas completed in late 2013 and provides
access for pedestrians and bicyclists from the Venetian lslands, eastward towards
the beach. Dade Blvd Phase ll will complete the remaining work forthis shared-path,
including the landscaping, signage, pavement markings, and some hardscape
improvements. Also included in improvements for this area is the N Lincoln Lane
sidewalk lmprovements project, due to its similar scope of work and close proximity.
Completion of this projectwill provide improved pedestrian-access to the businesses
located here via the new sidewalk, and also more organized flow of traffic through
the corridor.
The work needed for this area consists of furnishing & installing landscaping
adjacent to the Dade Blvd shared-path from Alton Rd to Convention Center Dr.
Proposed signage & pavement markings are also to be installed along this route
from the 17 St bridge to Washington Ave, as well as various hardscape-related
works along the path, including a section of new permeable concrete. Additionally,
the project consists of installing a new sidewalk, curb & gutter, signage, pavement
markings, and utility adjustments along N Lincoln Ln, near the intersection with
Meridian Ct.
75
Commission Memorandum
ITB 2014-23O.YG ROADWAY IMPROVEMENTS VARIOUS PROJECT AREAS
November 19,2014
Page l3
ITB PROGESS
To seek a qualified contractor to complete the desired scope, ITB No. 2014-230-YG, was
issued on July 23,2014. Notices were sent to three hundred forty-two (342) firms with forty
(40) prospective bidders downloading the solicitation. The ITB resulted in the receipt of two
(2) responses on September 16,2014: from Southern Underground lndustries, lnc., and
Team Contracting, lnc. The bid tabulation is attached.
ln evaluating the bids received it has been determined that Southern Underground
lndustries, lnc., was the lowest responsive and responsible bidder for all bid items. ln its
review of the bids received, as stipulated in the lTB, the Procurement Department verified
the following:
1. Licensing Requirements: Bidders shall be State certified and licensed General
Contractors or Certified Underground Contractors to be considered for award.
Southern Underground lndustries, lnc., is a State certified and licensed
underground contractor. State license number is: CUC1224635 and expires on
August 31,2016.
2. Previous Experience: Bidders shall submit at least three (3) individual references
exemplifying their experience* in projects for projects similar in scope and volume to
the work detailed within the Contract Documents. References must be projects
completed or in progress within the last five (5) years.
*Experience shall include but is not limited to: experience in drainage and roadway
construction, milling and resurfacing, and construction experience in an urban
environment.
Southern Underground lndustries, lnc., submitted more than three (3) individual
references which exemplify their experience in projects similar in scope and
volume to the work indicated in the lTB.
3. Bidder must have the capability to provide a performance and payment bond forthe
project. The City reserves the right to require performance and payment bonds from
the successful bidder. Bidders shall submit a Letter from an A-rated Financial
Glass V Surety Gompany, indicating the company's bonding capacity, in the
amount not less than one hundred percent of the total base bid amount.
Southern Underground lndustries, lnc., bid response was accompanied by a
letter from Nielson, Hoowever & Company, lnc., dated August 20,2014. The
letter indicates that they provide suretyship for Southern Underground lndustries,
lnc. Their Surety is Capitol lndemnity Corporation which carries an A.M. Best
Rating of A (Excellent) - Class Vlll and is listed in the Department of the
Treasury's Federal Register. Southern Underground lndustries, lnc., has a
bonding capacity of $1 ,500,000 forsingle projects and a total bonding capacity of
$3,000,000.
76
Commission Memorandum
ITB 2014-230-YG ROADWAY IMPROVEMENTS VARIOUS PROJECT AREAS
November 19,2014
P a g e 14
4. Financial Stabitity and Strength: The Bidder must be able to demonstrate a
good record of performance and have sufficient financial resources to ensure that
they can satisfactorily provide the goods and/or services required herein.
Southern Underground lndustries, lnc., has a good record of performance
and has the financial resources to ensure that they can satisfactorily provide
the goods and/or services required in the lTB. Their latest Supplier Qualifier
Report from Dun & Bradstreet indicates that their financial conditions is
"Good" and they have Supplier Evaluation Risk (SER) rating of 4 out of 9.
The lower the score, the lower the risk.
Accordingly, Southern Underground lndustries, lnc., has been deemed the lowest
responsive and responsible bidde(s) meeting allterms, conditions, and specifications of the
ITB.
GITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB 2014-230'YG, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Southern Underground, lnc., the lowest responsive,
responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the
contracts for ltems 1,2,3 & 4. lt is further recommended that the Mayor and City
Commission authorize the City Manager to execute the contract (and negotiate any changes
to scope as may necessary) for ltem 5, after the Land Use Committee further reviews this
work under this ltem by February 2015. The reason for the recommended action on item 5
(Dade Boulevard Landscape Project) is due to the recommendation of the Land Use
Committee on November Sth that the Dade Blvd landscaping project be brought back to that
Committee in January.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2014-230-YG, for Roadway lmprovements to Various Project Areas.
JLM / #, o,
f:UCEU&AVO14\November\Procurement\lTB -2014-230-YG Roadway lmprovements Various Project Areas (MEMO).doc
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COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO |NVITAT|ON TO BID (tTB) 2014-275-LR
FOR GROUNDS MAINTENANCE- RIGHT OF WAY, PARKING FACILITIES, LINCOLN ROAD AND COASTAL
AREAS.
Advisory Board Recommendation:
Financial I nformation:
Clerk's Office
4\November 29\Procurement\lTB 201 Facilities, Lincoln Road and - SUMMARY.doc
AGENDA TTEM CED
Maintain Miami Beach areas & riqhts of
Data (Surveys, Environmenta! Scan, etc.): N/A
Item Summary/Recommendation:
The ITB was issued on September 5,2014, with bids due on October 28,2014. Nine (9) addenda were issued. The
Procurement Department issued bid notices utilizing the Public Group and via email.
The ITB resulted in the receipt of five (5) responses from Valley Crest Landscape Maintenance lnc., Everglades
Environmental Care lnc., SFM Services lnc., Superior Landscaping & Lawn Service lnc., and Florida Turf and
Landscape Horticulture lnc.
After considering the review and recommendation of City staff, the City Manager exercised his due diligence and is
recommending to the Mayor and City Commission to award a contract to the following bidders. Secondary bidders
would be utilized in the event that the primary bidder is unable to perform the requirements of the contract. Tertiary
bidders would be utilized in the event that the secondary bidder is unable to perform the requirements of the contract.
SFM Services lnc., as Primary the Group I - Rights of Way South, Rights of Way South RDA and Rights of Way South
Municipal Buildings, Secondary for Group lV - Lincoln Road Mall, and Tertiary in Group lll - Parking Facilities.
Everolades Environmental Care, lnc. as Primary for Group ll - Rights of Way North, Rights of Way North Municipal
Buildings, Group lll - Municipal Parking Facilities and Group V - CoastalAreas.
VallevCrest Landscaoe Maintenance lnc., as Primary for Group lV - Lincoln Road Mall, and Secondary for Group I -
Rights of Way South, Rights of Way South RDA, Rights of Way South Municipal Buildings, Group ll - Rights of Way
North, Rights of Way North Municipal Buildings and Group lll - Municipal Parking Facilities and Tertiary for Group V -
Coastal Areas.
Suoerior Landscapinq and Lawn Service lnc., as Secondary for Group V - Coastal Areas and Tertiary in Group lV -Lincoln Road Mall.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the
City Manager's recommendation, pursuant to lnvitation to Bid (lTB) No.2014-27S-LR for Grounds Maintenance- Right Of
Way, Parking Facilities, Lincoln Road And CoastalAreas.
Source of
Funds:
@
f
A
Budget Code No Amount
1JL 01 1 -0940.000325 FY 15 Amount: $1 .315.912.0't2qt168-9966-000325 FY 15 Amount: $ 161.041 .08
3%480-0463-000312 FYl5Amount: $ 302,890.00
4.2 142.6976-000312 FY 15 Amount: $ 24,560.00
5,463-1 990-00031 2 FY 15 Amount: $ 4.930.0064467.1996-000312 FY 15 Amount: $ 9.280.00
7 01 1-0940-000325 FY 16 Amount: $1,660,250.04 Subject to Budget Approval
8 168-9966-000325 FY 16 tunount; $ 200,429.48 Subject to Budget Approval
I 480-0463-000312 FYl6Amount: $ 379,540.00 Subjectto BudgetApproval
10 142.6976-000312 FYl6Amount: $ 23,900.00SubjecttoBudgetApproval
11 463-1990-000312 FYl6Amount: $ 6,120.00 Subjectto BudgetApproval
12 467-1996-000312 FYl6Amount: $ 11,520.00 Subjectto BudgetApproval
Total FY 15 = $1,818,613.09 / FY 16 = $2,286,489.52
Financial lmpact Summary:
availability approved throuqh
[he annual cost associated with the providing Grounds Maintenance for FY16 is subject to funds
he Cifu's budqetinq orocess.
Alex Denis, Director Ext # 6641
E MIAMIBEACH DATE79
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
BID (lTB) 2014-275-LR FOR GROUNDS
PARKING FACILITIES, LINCOLN ROAD
PURSUANT TO
MAINTENANCE-
AND COASTAL
TO:
FROM:
DATE:
SUBJECT: REQUEST FOR
INVITATION TO
RIGHT OF WAY,
AREAS.
KEY INTENDED OUTCOME SUPPORTED
Maintain Miami Beach public areas & rights of way citywide.
FUNDING
FY 15 Budget Code: 01 1-0940-000325:
FY 15 Budget Code: 168-9966-000325:
FY 15 Budget Code: 480-0463-000312:
FY 15 Budget Code: 142-6976-000312:
FY 15 Budget Code: 463-1990-000312:
FY 15 Budget Code: 467-1996-000312:
FY 16 Budget Code: 01 1-0940-000325:
FY 16 Budget Code: 168-9966-000325:
FY 16 Budget Code: 480-0463-000312:
FY 16 Budget Code: 142-6976-000312:
FY 16 Budget Code: 463-1990-000312:
FY 16 Budget Code: 467-1996-0003121:
BACKGROUND
The City requires qualified contractors to provide grounds maintenance services to all City
rights of way, parking facilities, Lincoln Road mall and coastal areas. The awarded contracts
will have an initial term of three (3) years from date of contract execution, and may be renewed
atthe sole discretion of the City, through its City Manager, fortwo (2) additional one (1) year
terms.
$1,315,912.01$ t0t,041.08
$ 302,890.00
$ 24,560.00
$ 4,930.00
$ 9,280.00
$1,660,250.04 Subject to Budget Approval
$ 200,429.48 Subject to Budget Approval
$ 379,540.00 Subject to Budget Approval
$ 28,900.00 Subject to Budget Approval
$ 6,120.00 Subject to Budget Approval
$ 11,520.00 Subject to Budget Approval
80
Commission Memorandum - ITB No.2O14-275-LR, Grounds Maintenance- Right of Way, Parking
Facilities, Lincoln Road and CoastalAreas
November 19,2014
Page2
ITB PROCESS
lnvitation to Bid (lTB) 2014-275-LR was issued with the purpose of establishing a contract, by
means of sealed bids, with a qualified firm(s) for the required scope. The ITB was issued on
September 5,2014, to approximately 285 firms. Following a pre-bid conference and necessary
addenda issued to the lTB, bids were on October 28,2014 from the following firms:. Everglades Environmental Care, lnc.o Florida Turf and Landscape Horticulture, lnc.. SFM Services, lnc.. Superior Landscaping & Lawn Service, lnc.o Valley Crest Landscape Maintenance, lnc.
The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions,
and specifications of the ITB will be recommended for award by bid item, bid group, or for the
entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his
consideration. Veteran's preference was considered during the tabulation of the bids received.
However, veteran's preference was not applicable to any of the bidders.
ln evaluating the bids received, it has been determined the lowest responsive and responsible
bidders are as follows:
Tertiary lowest bidders were not selected for Group I - Rights of Way South, Rights of Way
South RDA and Rights of Way South Municipal Buildings and Group ll - Rights of Way North,
Right of Ways North Municipal Buildings since they are significantly higher than the second
lowest bidder.
ln its due diligence, the Procurement Department verified the following:
Minimum Qualifications and Requirements
The ITB stated that bids will only be considered from firms that are qualified to satisfactorily
perform the specified services. Evidence shall include all information necessary to certify
that the bidder: maintains a permanent place of business; has not had just or proper claims
pending against him or his firm; and has provided similar type products and/or services.
The evidence of similar type products and/or services will consist of a listing of contracts
having provided grounds maintenance to public and/or private sector clients, three (3) must
have been for contracts with a minimum annual cost of $100,000.00 and two (2)
references must be from a government contract with a minimum annual cost of
Group Primarv Secondarv Tertiarv
Group I SOUTH ROW TOTAL SFM Services lnc.ValleyCrest Landscape
Maintenance lnc.
NO AWARD
Group ll NORTH ROW TOTAL Everglades
Environmental Care,
lnc.
ValleyCrest Landscape
Maintenance lnc.
NO AWARD
Group lll PARKING FACILITIES Everglades
Environmental Care,
lnc.
ValleyCrest Landscape
Maintenance lnc.
SFM Services lnc.
Group lV LINCOLN ROAD
MALL
ValleyCrest
Landscape
Maintenance lnc.
SFM Services lnc.Superior Landscaping and
Lawn Service lnc.
Group V COASTAL AREAS Everglades
Environmental Care,
lnc.
Superior Landscaping
and Lawn Service lnc.
ValleyCrest Landscape
Maintenance lnc.
81
Commission Memorandum - ITB No.2014-27 S-LR, Grounds Maintenance- Right of Way, Parking
Facilities, Lincoln Road and CoastalAreas
November 19,2014
Page 3
$250,000.00 or more. The determination of capacity pursuant to this requirement is solely
at the City Manager's discretion.
ValleyCrest Landscape Maintenance lnc., Superior Landscaping and Lawn Service lnc.,
Everglades Environmental Care lnc., and SFM Services lnc., provided verifiable
references and presently provide satisfactory services to the City.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After considering the responsiveness of the bids received, the City Manager exercised his due
diligence and is recommending to the Mayor and City Commission to award a contract as
follows:
SFM Services lnc., as Primary the Group I - Rights of Way South, Rights of Way South RDA
and Rights of Way South Municipal Buildings, Secondary for Group lV - Lincoln Road Mall,
and Tertiary in Group lll - Parking Facilities.
Everglades Environmental Care lnc. as Primary for Group ll - Rights of Way North, Rights of
Way North Municipal Buildings, Group lll - Municipal Parking Facilities and Group V - Coastal
Areas.
ValleyCrest Landscape Maintenance lnc., as Primary for Group lV - Lincoln Road Mall, and
Secondary for Group I - Rights of Way South, Rights of Way South RDA, Rights of Way South
Municipal Buildings, Group ll - Rights of Way North, Rights of Way North Municipal Buildings
and Group lll - Municipal Parking Facilities and Tertiary for Group V - Coastal Areas.
Superior Landscaping and Lawn Service lnc., as Secondary for Group V - Coastal Areas and
Tertiary in Group lV - Lincoln Road Mall.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2014-275-LR for Grounds Maintenance, Right of Way, Parking Facilities,
Lincoln Road and CoastalAreas.
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84
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COMMISSION COMMITTEE
ASSIGNMENTS
85
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1915.20r5
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBIECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNIW AFFAIRS
COMMITTEE THE ANNUAL REVIEW OF THE CITY'S LIST OF DESERVING
ORGANIZATIONS AND/OR GROUPS ELIGIBLE TO RECEIVE
COMPLIMENTARY TICKETS AS PER THE CITY'S COMPLIMENTARY
TIGKET POLICY PURSUANT TO RESOLUTION NO. 2014.28638.
BACKGROUND
The City Commission adopted a Complimentary Ticket Policy via Resolution No. 2014-
28638 on June 11,2014. Pursuant to this policy, the City Manager's Office has an
established list of deserving organizations and/or groups eligible to receive tickets. As
per the adopted Policy, the Neighborhoods and Community Affairs Committee must
annually review the list of deserving organizations and/or groups eligible to receive
tickets.
CONCLUSION
The Administration recommends referring the attached list to the Neighborhoods and
Community Affairs Committee for review.
-,afuamas
T:\AGENDA\2014\NovembeATCED\Comp Tickets Non Profit List Referral NCAC.docx
Agenda ttem C /4 .
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MIAMIBEACH
City of Miomi Beoch, l700 Convention Cenier Drive, Miomi Beoch, Florido 33 139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members oflthe City C
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: REFERRAL TO THE PLANNING BQARD -
PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS
TO ESTABLISH DEMOLITION PROCEDURES FOR ALL PROPERTIES !N THE
Gtw
ADMINISTRATION RECOMMEN DATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BAGKGROUND
On March 11,2014, the Historic Preservation Board (HPB) discussed the issuance of demolition
permits for structures located outside of local historic districts. The Land Development Regulations
(LDRs) of the City Code do not currently provide for any formal demolition process or procedure
when a total demolition permit is requested for any commercial or multi-family structure which is
not locally designated, or within a locally designated historic district. The HPB requested that the
Mayor and City Commission consider having the Administration develop a formal process to be
included in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
On April 23,2014, at the request of the Historic Preservation Board, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer an
Ordinance Amendment to the Planning Board. On July 23, 2014, the City Commission referred an
Ordinance Amendment to the Planning Board, which incorporated the following:
1. Modifications to Sectionl42-108(0(2) and Section 1 18-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this item:
Agenda ltem C?8
Date //-/?//90
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
November 19, 2014 Page 2 of 5
1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use &
Development Committee to revise a proposed amendment to the Land Development
Regulations to establish demolition procedures for all properties in the City. As part of this
referral, Commissioner Grieco requested that a requirement for the recycling of material
generated by demolished homes be explored.
2. ltem C4N: At the request of Commissioner Wolfson, direction and authorization was given
for the City Manager to withdraw Planning Board File No. 2199 concerning a proposed
ordinance to establish demolition procedures outside of historic districts, and refer the
Ordinance back to the Land Use and Development Committee (LUDC) to discuss the
potential impact on property rights.
On October 1, 2014, the Land Use Committee discussed the item and recommended that the City
Commission re-refer Ordinance Amendments to the Planning Board incorporating the following:
1. Modifications to Sectionl42-108(0(2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
On October 22,2014, the City Commission deferred the item to a date certain of November 19,
2014, in order for the Administration to address concerns pertaining to Phased Building Permits
and to provide copies of the proposed Ordinance.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYSIS
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a process for
the approval of a demolition permit, with the exception of structures that satisfy one of the
following:
o The structure is located within the boundaries of a Local Historic District;. The structure is an individually designated Historic Site or Historic Structure;. The structure has been determined to be an Architecturally Significant Single Family Home
constructed prior to 1942.
On April 10, 2002, the City Commission adopted an Ordinance establishing demolition procedures
for single family homes which were constructed prior to 1942 and determined to be architecturally
significant, which would require Design Review Board approval for the new construction. Further
91
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
November 19, 2014 Page 3 of 5
City Code Section 118-108(0(2) requires that a full building permitfor new construction be issued
prior to the issuance of a total demolition permit.
Further, all structures located within local historic districts or individually designated as historic sites
or historic structures, are required to obtain a Certificate of Appropriateness for Demolition from the
Historic Preservation Board and be issued a full building permit for the new construction, prior to
the issuance of a demolition permit. City Code Sec. '1 18-564(0(6) states:
A building permit shall not be issued for the demolition of any building, structure, improvement,
landscape feature, public interior or site individually designated in accordance with sections 118-
591, 118-592 and 118-593, or located within an historic district until the new or replacement
construction for the property has been approved and a full building permit for the new construction
has been issued.
Additionally, the Administration would note that the Historic Preservation Board has the discretion
to waive this requirement for structures classified as 'Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition permit,
Planning Staff has been made aware that this regulation is in conflict with procedures set forth in
the Florida Building Code (FBC), which require the demolition of a structure prior to the issuance of
a permit for new construction that would replace the structure in its entirety.
The Administration believes that the concept and policy of requiring Design Review Board approval
and the issuance of a full building permit for proposed new construction prior to the issuance of a
total demolition permit is in the best interest of the City. Due to this conflict, however, the
Administration would recommend minor modifications to the current demolition procedures set forth
in the LDR's.
First, the Administration would recommend that the existing applicable code sections (Sec. 142-
108(0(2), for pre-1942 single family homes and Sec. 118-564(0(6), for historic properties) be
modified to allow a total demolition permit to be issued prior to the issuance of a full building
permit. However, the Administration would suggest that certain minimum benchmarks be achieved
prior to the issuance of a demolition permit. These benchmarks would include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction shall be
reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not limited to,
building permit and impact fees, as well as applicable concurrency and parking impact
fees.
These benchmarks represent a significant investment of resources, which would significantly
reduce property speculation.
Second, the Administration would recommend that formal demolition rules and procedures, similar
to those set forth in the single family home development regulations, be introduced within the Land
Development Regulations, for all buildings located within the City, which are not individually
designated historic or located within a local historic district. These rules and procedures could
utilize the same benchmarks noted above and would be located within a more general are of the
92
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
November 19, 2014 Page 4 of 5
Land Development Regulations.
As it pertains to single family homes, a previous recommendation of the Land Use Committee was
to require the posting of any single family property where the demolition of a home is proposed.
This would apply, primarily to properties with existing homes constructed after the year 1942.
Currently, any home built before 1942 already has a posting requirement as part of either DRB
review, or as part of any formal determination for Architectural Significance.
As part of the revised Tree Ordinance, currently pending before the City Commission, the initial
procedures for the removal of large, specimen trees are designed to be as follows:
1. When a new application for tree removal/relocation is sought as part of new construction or
a demolition project, an official tree survey will be required to be submitted by the property
owner/applicant to the Public Works Department showing any proposed impacts to tree
resources onsite.
2. The survey would then be reviewed by Public Works Staff (Urban Forester and or
designee) for accuracy and scope to determine if the proposed activities can proceed or
need revisions.
ln addition to this new procedure, as part of the single family demolition permitting process, specific
conditions can be inserted stating that a Greenspace Management Division plan review shall be
required and a tree work permit shall be obtained from the City prior to any existing tree or palm
removals, relocations or impacts onsite.
ln summary, a defined set of predictable rules and procedures for demolition would allow for
consistency with the applicable building code. lt would also discourage the demolition of viable
structures for speculation and prevent an excess of vacant lots. Finally, it should be noted that
none of the changes suggested herein would limit or impact the ability of the Building Official to
exercise discretion under the Florida Building Code to issue Emergency Demolition Orders.
UPDATE
At the October 22, 2014 meeting, the City Commission requested that copies of the draft
Ordinance be provided for review. The Commission also requested that the Administration review
the potential impact of the Ordinance on the issuance of Phased Building Permits, particularly for
non-residential projects. The attached Ordinance has been modified to address the issues raised
at the October 22, 2014 Commission meeting, including the impacts on Phased Development
Permits for non-residential properties.
CONCLUSION
ln accordance with the October 1,2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendments to the Planning Board, which incorporates the following:
1. Modifications to Sectionl42-108(0(2) and Section 118-564(0(6) to eliminate any conflict
with the Florida Building Code, including the benchmarks proposed herein.
2. Modifications to the LDR's that include formal demolition rules and procedures for all
structures which are not historically designated and not located within a single family zoning
district.
3. Creation of a definition for'Phased Building Permit'.
93
Commission Memorandum
Referral to Planning Board - Demolition Procedures Ordinance
November 19,2014 Page Sof 5
4. A requirement for the posting of any single family property where the demolition of a home
is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
JLMM
T:\AGENDA\2O14\November\Referral to Planning Board - Demolition Procedures MEMO.docx
94
DEMOLITION PROCEDURES OUTSIDE OF HISTORIC DISTRICTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 114,.,GENERAL PROVISIONS," SECTION 114.1, "DEFINITIONS," BY !NCLUDING A
DEFINITION FOR A PHASED BUILDING PERMIT; BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ..DISTRIGT
REGULATIONS," DIVISION 2, "RS.1, RS.2, RS.3, RS4 SINGLE.FAMILY
RESIDENTIAL DISTRICTS," SECTION 142.108, ..PROVISIONS FOR THE
DEMOLITION OF SINGLE.FAMILY HOMES LOCATED OUTSIDE OF HISTORIC
DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT AND BY MODIFYING THE
CRITERIA TO OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF
A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942
SINGLE FAMILY HOMES; BY AMENDING CHAPTER 142, "ZONING DISTRIGTSAND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," BY CREATING DIVISION 8, ''DEMOLITION RULES AND
PROCEDURES," TO ESTABLISH FORMAL DEMOLITION RULES AND
PROCEDURES FOR STRUCTURES THAT ARE NOT LOCATED WITHIN A
LOCAL HISTORIC DISTRICT, THAT ARE NOT INDIVIDUALLY DESIGNATED AS
AN HISTORIC SITE, THAT ARE NOT INDIVIDUALLY DESIGNATED AS AN
HISTORIC STRUCTURE OR THAT ARE NOT ARCHITECTURALLY SIGNIFICANT
PRE-I942 SINGLE'FAMILY HOMES; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's LDRs do not currently provide for any formal demolition rules
or procedures when a total demolition permit is requested for any structure that is not
located within the boundaries of a Local Historic District, individually designated as an
Historic Site or Historic Structure or has been determined to be an Architecturally Significant
Pre-1942 Single Family Home, located within a Single Family Zoning District; and
WHEREAS, it is appropriate for the City to adopt criteria in the LDRs by which formal
demolition rules and procedures are codified for all structures located within the City and
can be used by the Planning Department Staff in the review of demolition permits; and
WHEREAS, it is appropriate to update the definitions in the LDRs to include a
definition of a Phased Building Permit; and
WHEREAS, the amendments set forth below are necessary to accomplish
the above objectives.
95
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SEGTION 1. The Miami Beach City Code, Chapter 114, "General Provisions," Section 114-
1, "Definitions," is hereby amended as follows:
Sec. 1 14-1. Detinitions.
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:
Phased buldino permff, means a permit issued bv the desiqnated buildinq official. desionee
or authorized aoencv or department of the citv, which allows for the construction of
foundations or anv other part of a buildino or structure to be erected. constructed.
demolished, altered. moved. converted. extended. enlarqed. or used. for anv purpose. in
conformitv with applicable codes and ordinances before the construction documents for the
whole buildinq or structure have been submitted. The holder of such permit for the
foundation or other parts of a buildinq or structure shall proceed at the holder's own risk with
the buildinq operation and without assurance that a permit for the entire structure will be
qranted.
SEGTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 2. RS-l, RS-2, RS-3, RS,4 SINGLE-FAMILY RESIDENTIAL DISTRIGTS
Sec. 142-108. - Provisions for the demolition of single-family homes located outside
of historic districts.
lssuance of demolition permits for architecturally significant homes and homes
constructed after 1 942.
(1) Emergency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(2) A demolition permit for the total demolition of an architecturally significant
single-family home constructed prior to 1942, shall not be issued unless a{uJl
all of the followinq
criteria are satisfied:
a. the issuance of a buildino permit process number for new
construction:
(0
2
96
b. the buildinq permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
c. all applicable fees for the new construction shall be paid, includinq but
not limited to. buildino permit and impact fees. as well as applicable
concurrencv and parkinq impact fees.
(3) A demolition permit for the total demolition of a sinqle-familv home constructed
after 1942 shall not be issued for a period of 10 davs after the subiect propertv
has been posted.
SECTION 3. The Miami Beach City Code, Chapter 142, "Zoning Districts and Regulations",
Article lV, "Supplementary District Regulations", Division 8, "Demolition Rules and
Procedures" is hereby created as follows:
DIVISION 8. DEMOLITION RULES AND PROCEDURES
Sec. 1 42-1221 . Puroose.
The purpose of this section is to establish formal demolition rules and procedures for
structures citv wide.
Sec. 1 42- 1 222. Aoolicabilitv .
This division shall applv to all structures located in a CD-1, CD-2. CD-3, TC-1. TC-2. TC-3,
RM-1, RM-2 and RM-3 districts. which are not located within a local historic district. not
individuallv desionated as an historic site. not lndividuallv desionated as an historic structure
or not architecturallv sionificant pre-1942 sinole familv homes located within a Sinole Familv
Zoninq District.
Sec. 142-1223. Rules and Procedures
Notwithstandino the development requlations contained in chapters 118 and 142. the
followino shall applv to all structures, with the exception of accessorv buildinqs and
accessorv structures. located within the Citv:
(a) Prior to the issuance of a permit for the total demolition of a structure specified in
section 142-1222. the followino criteria shall be satisfied:
(1) A replacement proiect for the propertv shall be reviewed and approved bv the
Desion Review Board.
(2) A buildino permit process number for the replacement proiect shall be issued:(2) The buildino permit apolication and required plans for the reolacement proiect
shall be reviewed and aoproved bv the Planninq Department:
(3) All applicable fees for the reolacement proiect shall be paid. includino but not
limited to. buildino permit and impact fees. as well as applicable concurrencv
and parkino impact fees.
(b) Emerqencv demolition orders. This section shall not supersede the reouirements of
the applicable buildino code with reqard to unsafe structures and the issuance of
emerqencv demolition orders. as determined bv the buildino official.
97
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. 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 6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: _,2015
Second Reading: _,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rike+nreush denotes deleted language
T:\AGENDA\2O14\November\Ref to PB - Demollition Procedures Outside of Historic Districts-ORD.docx
4
98
DEMOLITION PROCEDURES FOR HISTORIC STRUCTURES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY GODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE X, "HISTORIG PRESERVATION," DIVISION 3, ,,ISSUANCE
OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," SECTION 1 1 8.563, "REVIEW PROCEDURE;''
AND BY AMENDING SECTION 118.564, "DECISIONS ON CERTIFICATES OF
APPROPRIATENESS;,, BY AMENDING THE PROCEDURES FOR THE ISSUANCE OF A
DEMOLITION PERMIT, BY ESTABLISHING CRITERIA TO OBTAIN A DEMOLITION
PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING PERMIT FOR STRUCTURES
THAT ARE LOCATED WITHIN LOCAL HISTORIC DISTRICTS, INDIVIDUALLY
DESIGNATED AS AN HISTORIG SITE OR INDIVIDUALLY DESIGNATED AS AN
HISTORIC STRUGTURE; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which
promote the public health, safety and generalwelfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's LDRs requirement to obtain a full building permit for
replacement construction prior to the issuance of a demolition is in conflict with procedures
set forth in the Florida Building Code (FBC), which requires demolition prior to the issuance
of a permit for construction; and
WHEREAS, the amendments set forth below are necessary to accomplish
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAM! BEAGH, FLORIDA:
SECTION 1. That Chapter 1 18, "Administration and Review Procedures," Article X, "Historic
Preseryation," Division 3, "lssuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition," of the Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 3. ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERT!FICATE TO
DIG/CERT!FICATE OF APPROPRIATENESS FOR DEMOLITION
*
Sec. 118-563. Review procedure
(c) All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape
99
feature, public interior or site individually designated in accordance with
sections 118-591 ,118-592 and 118-593, or located within an historic district
and all applications for a certificate of appropriateness for new building
construction, alteration, rehabilitation, renovation, restoration or any other
physical modification of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance
with sections 118-591 , 118-592 and 118-593, or located within an historic
district shall only be considered by the board following a public hearing. At
least 30 days prior to the public hearing date, a description of the request with
the date, time, and place of such hearing shall be (i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community, and (iii)
be given by mail to the owners of record of land lying within 375 feet of the
property. The mail notification requirement shall be the responsibility of the
applicant. The historic preservation board shall decide, based upon the
criteria set forth in subsection 118-564(0(4), whether or not to issue a
certificate of appropriateness for demolition. A demolition permit shall not be
issued until a full building per , all
of the followinq criteria are satisfied. except as permitted under subsection
1 18-564(f)(6);
i. the issuance of a buildinq permit process number for new
construction:
ii. the buildinq permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
iii. all applicable fees for the new construction shall be paid,
includino but not limited to. buildinq permit and impact fees, as
well as applicable concurrencv and parkinq impact fees.
Sec. 1 18-564. Decisions on certificates of appropriateness
(f) Certificate of appropriateness for demolition.
(6)A building permit shall not be issued for the demolition of any building,
structure, improvement, landscape feature, public interior or site
individually designated in accordance with sections 118-591 , 118-592
and 118-593, or located within an historic district until the new or
replacement construction for the property has been approved and aJull
until all of the
followinq criteria are satisfied:
a. the issuance of a buildino permit process number for new
construction:
2
100
b. the buildino permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
c. all apolicable fees for the new construction shall be paid,
includinq but not limited to. buildinq permit and impact fees. as
well as applicable concurrency and parkino impact fees.
For noncontributing structures located in one of the city's historic districts, this
requirement may be waived or another permit substituted at the sole discretion of
the historic preservation board.
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. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 5. EFFECTIVE DATE.
This Ordinance shall take etfect ten days following adoption.
PASSED and ADOPTED this day of 2015.
ATTEST:
MAYOR
CITY CLERK
First Reading:
Second Reading:
First Reading: _,2015
Second Reading: _,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+it<etl+eugh denotes deleted lang uage
T:\AGENDA\2014\NovembedRef to PB - Demolition Proedures For Historic Structures-ORD.docx
City Attorney Date
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
101
@ MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: October 30,2014
SUBJECT: Referrol to NCAC - Stroy Cots in Miomi Beoch
Bockground: ln 2Ol I the City opplied for funding through PetSmort Chorities to spoy
ond neuter 2,000 community cots over o two yeor period. ln 2012, the City wos
oworded $80,000 to trop, neuter ond releose the cots. Upon oword of the controct, the
City entered into on ogreement with The Cot Network, lnc. to hire veterinorions to
implement the progrom.
Pleose ploce on item on the November 19,2014 Commission ogendo for referrol to the
November 21 , 2014 Neighborhood/ Community Affoirs Committee regording on
updote on stroy cots in Miomi Beoch.
lf you hove ony questions pleose contoct Louren Corro ot extension 6528 or
LourenCorro@miomibeochfl.gov.
We ore committ'ed to provtding excellent pub[ic service ond safety to oll who live, work, ond play in our vibront, t'ropical, hisloric communrfy.
Asenda ttr'l C /=e'----oirr@102
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103
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: October 31 , 2014
SUBJECT: Referrol to Finonce - Living Woge Ordinonce & ObomoCore
Pleose ploce on item on the next Commission ogendo for referrol to the December 12,
2014 Finonce & Citywide Proiects Committee to omend the living woge ordinonce
insuronce provision in light of ObomoCore. lntent wos not to toke owoy benefits from
independent controctors.
lf you hove ony questions pleose contoct Louren Corro ot extension 6528 or
Lo urenCo rro@m io m i beochfl. gov.
We ore conmiffed to prcviding excellent public seruice and sot'ent b oll who ltve, work, ond ploy in our vibront, tropical, hts Agenda lfem C /D
Date //-/?-/(/104
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105
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: October 31 ,2014
SUBIECT: Referrol to Finonce - DCC event fee woiver requesl
Pleose ploce on item on the next Commission ogendo for referrol to the December 12,
2O14 Finonce & Citywide Proiects Committee to woive fees for the Dolphins Cycling
Chollenge event toking ploce in Miomi Beoch on Februory 7'h ond B'h, 20.l5.
lf you hove ony questions pleose contoct Louren Corro ot extension 6528 or
LourenCorro@miomibeochfl.gov.
We ore commiffed to providing excellent public service ond sofety to oll who live, work, ond ploy in our vibront', t'ropicol, historie commtnitv
Agenda ltem C/E _
oate /t/?y'/106
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107
g MIAMI BEACH
Clty of Mioml Beoch. 1700 Convenlion Center Drive, Miqmi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Memb"r, ot'th" City {ommission
FRoM: Jimmy L. Morales, City Manager [.-=, F
DATE: November 19,2014
SUBJECT: REFERRAL TO THE FINANGE ATD CITYWIDE PROJECTS COMMITTEE A
DISCUSSION REGARDING THE LIVE NATION MANAGEMENT AGREEMENT FOR
THE JACKIE GLEASON THEATER.
BACKGROUND
On September 10, 2014, the City Commission directed the Administration to prepare a traffic
study related to the development of a convention center headquarter hotel on the City
Commission approved site (refer to Exhibit A) at the corner of 17th Street and Convention
Center Drive, behind the Fillmore Theater. Completion of hotel traffic study and City
Commission guidance on maximum number of hotel rooms is expected to occur in December
2014. ln addition, the City Commission requested the Administration prepare a schedule for
the potential procurement of a hotel developer. The following outlines hotel RFP schedule
options and actions the Commission will need to take to meet the desired schedule.
. October 2014 - Commission directs staff to begin the hotel RFP process and refers an
item to the Land Use Committee to assess the minimum hotel parking requirement and
maximum hotel height requirement.. November 2014 Planning Board takes action on the minimum hotel parking
requirement and maximum hotel height requirement.. December2014o Land Use Committee takes action on the minimum hotel parking requirement and
maximum hotel height requirement.o Completion of hotel traffic study and City Commission guidance on maximum
number of hotel rooms.o City Commission first reading of any ordinances required for the minimum hotel
parking requirement and maximum hotel height requirement.. January 2015o City Commission second reading of any ordinances required for the minimum
hotel parking requirement and maximum hotel height requirement.o City Commission action to approve the Hotel RFP (including the lease template
and room block agreement).r February 2015 - Pre-submission conference.. March 2015 - Proposals due.. April 2015 - Proposal analysis, interviews.. May 2015 - City Commission selection of the Hotel developer.. June-July - Finalize lease negotiations, draft ballot language.. August 2015 - City Commission approval of the ballot language and final lease.. September 4, 2015 - Ballot language and final lease to County Clerk.o November 2015 - Hotel Referendum.. 2016 Hotel design (if referendum passes).
Agenda ttem C{F
Date /t-l ?-/(/108
Commission Memorandum
November 19, 2014
Finance and Citywide Projects Committee Referral - Live Nation Management Agreement
Page 2 of 2
. 2017-2018 Hotel construction (opens 12 months after Convention Center project
completion)
ln evaluating potential site, it is probably that the hotel will impact the rehearsal hall / backstage
performance space and loading dock of the Fillmore. Therefore, the Administration began
preliminary conversations with Live Nation to discuss the potential impact of this to their
operations and negotiate mutually acceptable terms if the City were to proceed with the
Convention Center Hotel at this location following the November 2015 referendum.
During these meetings Live Nation also raised some contractual terms that they would like
renegotiated.
CONCLUSION
The Administration recommends referral to the Finance and Citywide Projects Committee for
discussion and direction.
T:\AGENDA\2014\November\TCED\Referral to fcwpc Live Nation Mgmt Agrmt MEMO.docx
We ore commtlled to providing excellenf public service and safety k: oll who hve work ond ploy tn our vibranl. fropicol. historic communily
109
g MIAMIBEACH
City of Miomi Beoch, 1200 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: November 19,2014
SUBJECT: REFERRAL TO THE FINANCE
INTERMODAL FAG!LITY AT MOUNT SINAI MEDICAL CENTER- RESCINDED
BACKGROUND
On October 22,2014, the Mayor and Commission approved ltem No. C4B entitled, "Referral
to the Finance and Citywide Projects Committee - lntermodal Facility at Mount Sinai Medical
Center" (MSMC).
ANALYSIS
As we know, it has been a longstanding goal of the City to have an intermodal facility,
preferably in the Middle Beach area. This opportunity presented itself when MSMC
approached the City regarding a potentialjoint venture project for a parking facility on their
campus which quickly evolved to an intermodal facility.
When initial discussions regarding the project began with MSMC, there were certain
threshold issues needing resolution in order to proceed to the next level of discussions for
the deal. These were: (1) strict timeline for project design and construction material backlog;
(2) traffic volume and campus security; (3) massing and footprint of the garage (1,000 space
parking garage - 500 MSMC/500 City) and adjacent intermodal facility.
The City has been clear in its intent to have an intermodalfacility in the middle beach area
and preferably in close proximity to the Julia Tuttle Causeway, including a minimum of 500
public parking spaces to support an intermodal facility; hospitality industry employee parking
demand with either shuttles or trolley service; and potentially ancillary parking for major
events (exh i bitors/patrons).
Upon further review and careful consideration with regard to the City's intended uses as well
as their own concerns and challenges, MSMC has communicated their desire to proceed in
a manner which significantly reduces the impact of the aforementioned issues. MSMC is
open to providing ancillary parking for hospitality industry employees with either employer
shuttles or a future middle beach trolley service provided by the City and ancillary parking for
major events (exhibitors/patrons) during periods of low demand in their facility.
CONCLUSION
As a result, the Administration recommends the referralto the Finance and Citywide Projects
Committee be rescinded. ln the future, a referral may be in order after further discussions
related to ancillary uses of MSMC campus parking facilities has taken place.
JLM/KGB/$/JRG
t-
CITYWIDE PROJECTS COMMITTEE -
Agenda ltem CV G
Date l/-l r-/(/
T:\AGENDA\2014\November\lntermodal Facility FCWPC Referral MemoRescinded.doc
110
6lrtlF MIAMI BEACH
Ci0y of tiomi tcoch, 1700 Coovention Centcr Drive, Miomi Booch, Florido 33139, www.miomibcochfl.gov
COMMISSIO MEMORANDUM
Mayor Philip Levine and Members of
FROM: Jimmy L. Moralee, City Manager
DATE: Oclober 22,2014
SUBJECT: REFERRAL TO THE FIilANCE Al{D CITYilIOE PROJECTS cOlln]TTEE -
INTERTOOAL FACIL]TY AT f,OUNT SINA! ilEDICAL CENTER
BACKGROUl{D
Mount SinailVbdical Center (MSMC) has plans to upgrade ils hospitalwith $205 million in
replaoement facilities, including a surgical bed tovuer, more than double the size of ils
emsrgency departncnt, upgraded inpatient op€ratirg rooms, and a new obsoruation unit.
This planned expansion willincreege perking demand on theircampus and, a8 $rch, MSMC
plans to conEtrucil a parking garag€ in the south€m pofion of their campus to offset parking
lost with the construction of the new facility..
ln the past months, thc City and MSMC have diccnssed opportuniti€E for including an
intermodal facility a3 part of the parking gerege facility. From the City's perspectirre, an
intennodalfacility in the Maddle Beach aree vyould be advantageous in promoting mobility
options, including but not limited to: Miami-Dade Transit, trolloy/local circulators, additional
perking inventory for cmployee park and ride, bike 3haring, bike lockers, and car sharing.
ANALYSIS
The AdminisUation has conductod a preliminary rwiqv and very hph l€vel dlscr,rsslons have
taken place with MSMC representatives. At this tinp, the Administration recommends
refening the issue to the Finance and Citywide Projects Committee (FCWPC) for further
direciion.
f,STC S}b:
MSMC has available land on the southem and northem portions of its campus whieh
cunenty serves as surface parkirq. Both sitas yusre rovi€ntred and the southem site was
identified by MSMC as the most favorable for varying rcasons. While the sodhem sits
resulB in longerwalking distancss to the facilities on the MSMC camp6 and results in more
fraffic to the back of their campus, the sile provides the folloring benefits:
Not building close fo bay or reskbntial
Fbxibility for future expnsion
Provide sulficbnl space such that an adljacrint lntemdal may M pha*d (aterdate)
Drspersicn of garqe densrU aN luations arcud campus
Coes not raquirc activatbn of grcud level
o
o
o
o
o
Agenda ltem
Drtc
28
111
Cornrnissron Memonndum - Releml to FCWPC - lnlemdat Facitity al Mounl Sinai Medical Center
oci0br22,2014
Pege 2 of 3
lnbrmodel Fecility:
The need for an intermodal facility in Middle Beach was identified and documented in2007
as part of thc Coastal Communilies Transit Plan Study completed for Miami-Dade Transit
(MDT) and the City of Miami Beach by tho Centcr for Urban Transportation Research at the
Univereity of South Florida. Thc study recommended a bus transfer station and park-and-
ricle facility to be located within the MSMC campus and determined that such a facility vrould
be sUategically located and advantageous for the following reasons:
. Proximrty and acess to the Julia TutUe Causalay/l-195o lmproved connec{ivity for several existing bus routes. Adequate spaqe for parking, bus operations, and bue stop anrenitieso Accesg to the City's strcetso ProvkJe a tsansfer locetion for a mid-bcach circulator that wae algo recommended ae
part of the CoaetalCommunities Transil Plen Study
Staffs preliminary evaluation hag determimd thd tre dovolopnrent of a bansil hub at MSMC
could potentially improve mobility within the City by enhancing transit transferabitity and
convenience. CurenUy, sovsn (7) MDT bus routcs operate along streets sunounding this
facili$, with livc (5) of thcce routor heving a dedieted 3top within MSMC and there are
cunent planr by MDT to implement regional Express Bus scrvicag. ln addition, the
proposed intermodal facility could accommodate the recomrnended mid-beach circulator
service. Thegc aoMces could bc accommodated within a trancit hub at MSMC due to its
strategic location.
As a result of MSMC'o proposal, City staff le*hed out to MDT to klentify conceptual despn
criteria for a transit hub, sucfi as numbsr of bus bays and minimum spaos requiremente.
Based on conversations with MDT etaff ard a preliminary needs analysis, it is recornmended
that eight (8) to ten (10) bus bays be provided within an intermodalfacility at MSMC in order
to accommodate thc cunent and future transit demand. The number of bus bays has been
calculated based on thc ftequenry of bue servioB ard schedulod layoverVrecorrery tinno, as
wellas the potentialexpansion of the City's Trolley gervice. Baeed on industry stiandards, in
order to accommodate the above recommended number of bus bays, a transit facility at
MSMC would require betrveen 75,000 and 95,000 squarc fcct, including space for about 75
parking spao$ dadicated for park-and-ride pa$engens and bicycle storage.
It ie important to note that MSMC has identified a timeline for thcir parking gerage project
that dic'tates commensBrnent of design no later than early November 2014. As a result, two
options are availablc to thc City for further evaluation:
Option 1: lncorporating the lntermodat Facilitywithin tfie Propoced MSMC Parking Garage
Tradfionally, an intermodalfacility is housed on the ground floor level of a parking garagc in
order to rcdue land coct and gain operational efficienciet. Horlever, due to the time
constraints placed by MSMC, this option may adversely impact their timeline for the
construction of the parking garage.
Option 2: lntermodal Facility as an Ancillary Struclure to Proposed MSMC Parkirg Garage
An intermodalfacility could be constructed as a canopied structure on land immediately
adjacent to the parking garag€. While not a prefianed option, from a design and operational
perspective, il is certainly a viabla option as Florida lntemetional University (FlU) is in the
process of developing a canopy design for an intermodal facility at its SW th Street
Campus.
29
112
Cornmsstbn lilcmorandum - Releral to FCWPC - lntermod,al Facility at Mount Sinai Medical Center
Odober 22, 2014
Pagc 3 ol 3
Aside from the transit benefits, the facility has the potential to provide for additional parking
in the mid-beach area. Employee parking in particuler has become an issue in this area,
particularly along with the Collins Avenue conidor. A joint parking garage/intermodalfacility
could provide addfional parking to be used by the employees, linked to their workplace by
either a City or employer-provided circulatorlshuttle service. The MSMC lot has the
advantage that it is located at tho entrance to the City from the Julia Tuttle Causeway
providing tfie opportunities for employees to park and transfer to transit services, mitigating
traffic impacts within th€ City.
MSMC has es{imated a neod for 500 parking spaoes for their garage and there is the
potentialto provide additional spa€s for the City.
lnbrmodtl Feclllty Altcmetlve Slbl:
The Administration has identified potential altemative sites for an intermodalfacility in the
Middle Beach area:
o Florida Departncnt of Trancportation (FDOT) hact of land located at the east end of
the Julie Tutde Causalay (on FDOT right-of-way). Histori<rlly, FDOT has permited
this site to the City for varying us63. The site could potentially accommodats an
intermodalfacility. Additionslly, leaairqg this cite ir anticipeted to be at a cubctentially
reduced cost versus prlatc property. lt is worth noting that FDOT reccn0y sold a
32,183 sq. fl. parcel of curplua land to Talmudic University at a cogt of $1,100,000
(or $34.1E per sq. fr.). Should thc City Commission wish to explore the feasibility of
this alternate site, the Adminirtration would purcUe a partrcrship with FDOT forthe
congtruction and joint use of an intcrmodal facility at thir location.
. Municipal parking lots on the south and north sides of 41d Strset. These lots have
the advantage that are already oumed by the City but they have the disadvantag€s
that they are adjaoent to residential areas ard vuould rcquire some levd of mitigation,
and they bring traffic from the mainland further into the City before ttrey wouE be
able to park and transfer to hansit servie, As an erample. Municipal Parking Lot
No. 63, located onl2M Street betrreen Royal Palm Avenue and Prairie Avenue, is
city-oruned land and it is sufliciently sized to accommodate an intermodalfacility.
Additionally, Municipal Parking Garage No. 6, located on 42N Sheet between
Sheridan Awnue and Royal Palm Avenue is a dated facility. The garage could be
demolished with an intermodal facility built in its place.
coNcLUstolr
The Adminiefration is recommending refening this issue to the FCWPC for direclion and
,ffi#hc
propos€d ioint venture intermodalfacility on thc MSMC campus.
T:\AGENDA\20l4Eciobenlntermodal Facifty FCWPC Refenal ttlemo.<bc
30
113
g MIAMI BEACH
OFFICE OF THE MAYOH AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
Micky Steinberg, Commissioner
November 12,2014
SUBJECT: Referral to Finance and Citywide Projects Committee
Please place on the November 19th City Commission agenda the referral to the
Finance and Citywide Projects Committee of the following: a discussion regarding the
possible addition of personal water-crafts to our police department's fleet. As you can
see from the attached article, they may be of benefit to MBPD and possibly available for
use through a loaner program. Thank you!
lf you have any questions please do not hesitate to call our office.
tu]t&i\iiffiffie**{
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 seNice and safety to all who live, work and play in our vibrant, tropical, historic
community.
Agenda ltem
Date
FROM:
DATE:
cvt-TntT114
Print Story : 10 reasons a personal watercraft can work for your department - PoliceOne.c... Page 1 of 2
08l20l2olo
Patrolling the Watenfl"ays
with Tom Burrell
1O reasons a personal watercraft can work for your depanment
While PWCS will never meet the needs of every department or every scenario, they are proven to be
effective as maritime patrol vessels
If you read my recent article concerning you will remember two important points.
First, that you should attempt to make your units as versatile as possible, and second, that you should attempt
to obtain the best equipment that you can afford. Well, I would like to offer one more tip: think smalll
No, I do not mean small in terms of missions or capability.
When I say small I am referring to watercraft size and price
tag. You may be able to accomplish both goals by adding
personal watercraft (PWCS) to you inventory. While many
departments fail to consider PWCS when equipping their
marine patrol units, many others have recognized their
versatility in much the same manner that they have
recognized Segways or bicycles as valuable tools for
patrolling crowded areas like malls. parks, and airports.
Advantages
While PWCS will never meet the needs of every department
or every scenario, they are proven to be effective as
maritime patrol vessels.
1, Their small size not only allows for quick transport to
remote locations, they can be towed with any vehicle
equipped with a tow hitch (no need to purchase o(pensive
SUVS or limited purpose 4 wheel drive trucks)
2. PWCS can often be launched at even the smallest of
ramps or even at a gently sloped natural shoreline
3. Their extreme speeds - some capable of speeds in
excess of 55 mph - make them ideal for quick initial
response to boating accidents, search and rescue missions,
or police response to island-based cabins or campgrounds
4, Departments with limited manpower can take advantage
of the fact that PWCS only require one officer for effective
operation (most larger patrol vessels may require both an
operator and boarding officer)
5. PWCS are generally easier to operate thus allowing for
their use by less experienced officers
6. Shallow dmft allows for access to areas otherwise unable to be patrolled
7. No exposed propeller means that there is a reduced chance of injury when operating in crowded areas
or when rescuing persons from the water
8. While many of today's models can cost as much as $12,000 this is often a fraction of the cost of
purchasing and equipping a full size law enforcement patrol vessel
9. Reduced fuel consumption and generally lower maintenance cost often result in additional cost savings
10. One last point on money: the Port Security Grant Prmram (PSGP), which had $288 Million in available
in FY 2010 is just one federal grant program through which your agency can get funding resources for
the purchase ofa PWC (check out PolicecrantsHelp.com for lots ofother resources)
Disadvantages
Just as no patrol vehicle or vessel is perfectly suited for every mission, PWCs also have some limitations.
. A lack of navigation lights limits their use to daylight operation. Smaller models can often lack the stability necessary to conduct safe and efFective one-on-one
interaction with boaters. Like motorcycles or bicycles, PWCS offer no shelter from extreme weather which often limits their use
during colder months or inclement conditions. Secondary vessels are often required to address the potential need to transpoft prisoners or extra
equipment. Despite their shallow draft, iet powered vessels are often limit€d in their ability to operate in areas of
heavy weeds or gravel (which can be sucked into the intake)
Cheap is Good, Free is Better
As with any aspect of law enforcement, cost is always an issue. While the initial cost of PWCS may be less than a
full size patrol vessel there is also another option available - the ability to obtain free loaner units. Through the
First Responder Loaner Program, sponsored by the Personal Watercraft Industry Association. manufacturers
often make PWG available to law enforcement agencies at no cost other than fuel and light maintenance
requirements. Furthermore. most of these programs allow for the replacement of their PWC fleet on a regular
schedule.
Ruceoxe@News
Related Article:
Rdatd @ntat s@nstd by:
-aGAMBER'E- JOHruSON ,
Any departrnst @n tailor a prcgEm which tak6 advantage of
the PWCS unique bendrts which make thm a r@l force
multiplhr for law enforcerent. (Image courtesy of New York
State Deparunent of Envircnmstal Consryation)
http ://www.policeone. corn/pcgint. asp?vid:247 3 697 tl/13120t4115
Print Story : 10 reasons a personal watercraft can work for your department - PoliceOne.c... Page2 of 2
Departments interested in participating in such a program should contact a local dealer or the manufacturer
directly if no local dealer is available. Speciflc application requirements vary by manufacturer but generally
include an official request on letterhead, a waiver releasing the dealer from any liability and an agreement that
the department will be responsible for damage beyond normal wear and tear.
Training Requirements
Anyone who has patrolled or boated American waters in the last 20 years knows that PWCS have at times been
subject to a less than favorable reputation. Although much of this is the result of generalized stereotyping, like
many reputations it is rooted in some degree of fact. Early models were often difficult for the inexperienced
operator to control, especially in tight quarters. Even as designs improved their lower purchase and operating
cost appealed to Rrst time buyers, many of whom were themselves inexperienced. This often resulted in PWCS
being involved in a statistically disproportionate number of accidents, especially collisions with other vessels and
Rxed objects.
As a result, many states now have mandatory education and licensing requirements speciflc to PWCS. These
courses vary in length and subject matter depending upon jurisdiction and may include a combination of
classroom and practical testing of basic skills. Not only will offlcers assigned to PWC duty be required to
complete this trainjng, they will also need to obtain advanced instruction in the specific capabilities of the craft
obtained by your department and the mission they are to be assigned.
Putting Your PWC Into Action
The biggest question concerning PWCS is how they will be utilized. As previously sbted, one of the obvious
limitations involving the use of PWCS by law enforcement is their limited passenger capacity. Although many
modern PWCS are capable of carrying three persons, their limited shbility and close quarters often require they
be manned by single officers. Therefore, there are continued concerns regarding their use as primary contact
units.
Likewise, there are many missions for which the PWC is perfectly suited, even more so than a traditional
watercraft. As stated earlier, the jet drive of a PWC makes it ideal for use in close proximity to swimmers or
persons needing rescue. Furthermore their compact size and light weight means that they are not only quick to
be deployed but can also access areas which would be otherwise inaccessible. An additional advanbge for
traditional police departmenE looking to add a watercraft to their inventory it the fact that most patrol vehicle,
even sedans. can be outfitted with a hitch capable of towing a single PWC and trailer, thus reducing the need to
purchase specialized four wheel drive vehicles.
Each department will need to evaluate their specific requirements and the abilities of their officers when
determining exactly how the units will be deployed. Some may find that PWCS are best used in a covert scouting
manner, with contact being made by more traditional patrol vessels. Others may choose to utilize the PWC as a
primary patrol and contact vessel, especially in smaller harbors or marinas. Regardless of which method in which
the PWC is deployed it is likely that additional support units will be required, especially for the purpose of
transporting suspects.
Either way, the any department can tailor a program which takes advantage of the PWC'S unique benefits which
make them a real force multiplier for law enforcement.
About the author
Tom Burrdl began his career in maritime enforcement in 1992 when he enlisted in the U.S. Coast Guard, following his
service in the USMC Reserues during Desert Storm. He would see seryice in Key West, (Fla.) Norfolk, Va., and New York
City, both afloat and ashore with duties which ranged from drug and alien interdiction to recreational boating safety.
During this time he would serye in a variety of positions including boarding team member, boarding officer, boat crew,
coxsilain, and master hdmsman. Achievements include Coxswain "C" School Honor Graduate, numerous Humanitarian
Seryice awards and involvement in several high profile joint op€rations - including the security for IFK International
Airport during the United Nations 50th Annive6ary.
In 1997 he left the USCG to pursue a position with the Pennsylvania Flsh & Boat Commission as a Wateruays
Conservation Officer, a position which would include posting in both the rurdl north centBl region, and later in suburban
Philadelphia. In 2002 he was promoted to patrol superyisor for the South Central Region and received the PA DUI
Association "Top Gun" Award for his efforts in apprehending boaters who were under the jnfluence of alcohol or
controlled substance. Tom is curently a Captain assigned to Headquarters. He is also an instructor in the areas of
fireams, hand gun retention, handcuffing, OC spray, First Aid & CPR, and Bcting Under the Influence
Detection/Apprehension.
In 2006 Tom received his Associatet Degree in Criminal Justice fmm Harisburg Community College and in 2010 a
Bachelo/s Degree from Penn State University. In 2007 and 2008 he was granted the opportunity to address the
Northeast Association of Criminal Justice Sciences, during thdr annual conference at Roger William's University in Bristol
(R.I.), concerning the unique search and seizure authority of conseruation omcers. When not working or going to school
Tom enjoys hunting and fishing near his home in south central Pennsylvania and spending time with his wife Amy,
daughters Paige and Johanna, and son Ben.
Back to orevious oaoe
http ://www.policeone. com/pcjrint. asp?vid:247 3 697 rUt3l20r4116
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117
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI SION MEMORANDUM
To: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: REFERRAL TO THE FINANCE
City Com SSION
CITYWIDE PROJECTS (FCWPC)
BAPTIST
TO CITYHOSPITAL NETWORK AMONG PROVIDERS AVAILABLE
EMPLOYEES
ADM! NISTRATION RECOMMEN DATION
Discuss the item and refer for consideration and recommendation.
BACKGROUND
Effective August 14, 2014, negotiations between Humana, the City's Administrative Services Only
(ASO) carrier, and the Baptist network ended in a deadlock. As a result, all Baptist Hospitals,
physicians and associated health care practitioners are out of network providers for City of Miami
Beach employees who take advantage of the health care coverage benefits associated with
employment with the City.
BAPTIST IN.NETWORK SOLUTIONS
The Administration would like to seek the FCWPC's recommendation as to which of the four
available options the City should pursue. They include:
1. Switching carriers - piggybacking off the contract between Miami-Dade County and AvMed
as a full replacement for Humana.
2. Adding a carrier - piggybacking off the contract between Miami-Dade County and AvMed
while retaining Humana's services.
3. Adding a rental network - adding a network that includes Baptist facilities and affiliated
providers and having Humana administer.
4. No change in carrier - staying with Humana and encouraging the organization to make
every effort to re-engage Baptist as a network provider.
Based on a report run showing employees and retirees living south of 56 Street, as they are closer
Agenda ltem
Date118
Commission Memorandum
Referral to FCWPC - Health lnsurance Options
November 19, 2014 Page 2 ot 2
to Baptist Hospital than any other health care facility in the area, there are 354 individuals out of
1,473 covered, who are affected by this change.
CONCLUSION
The Administration recommends referral of this matter of the Finance and Citywide Projects
Commiltee.rlffi
JLM/dBISC-T
119
C MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: November 13,2014
Re: Commission Agendo - Consent ltem
Pleose ploce on the November 19, 2014, Commission Consent Agendo the following
item for referrol:
A referrol to the Lond Use committee to discuss the philosophy behind porking impoct
fees
JW
We ore commitfed to providing excellent public seruice ond sofety to oll who live, work, ond ploy tn our vibront, tronicol hisl-:;al
ii", C Ll T
Date il-l?-/{120
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121
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
TO:
FROM:
DATE:
SUBJECT:
Jimmy L. Moroles, City Monoger
Deede Weithorn, Commissioner
November 13,2014
Referrol to Finonce - Porking Structure
MEMORANDUM
Pleose ploce o referrol to the December 12,2Ol4 Finonce & Citywide Pro]ects
Committee on the next Commission ogendo to discuss o public privote portnership for o
two-story porking structure to be erected over both city porking lot P62 ond o privote
porking lot, on 42nd Street, between Jefferson Street ond Meridion Avenue.
lf you hove ony questions pleose contocl Louren Corro ot extension 6528 or
Lou renCorro@m io m i beochfl. gov.
We ore commifted to providing excellent public sertice ond safery n oll who live, work, ond ploy tn our vibranl, fropical hictnrie enmmrniht
Agenda ltem
Date122
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123
c6
COMMISSION GOMMITTEE REPORTS
124
* M;A&AIBEACH
City of Miqmi Beach, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
MEMORANDUM
TO: Mayor Philip Levine and
FRoM: Jimmy L. Morales, City
DATE: November 19,2014
SUBJECT:REPORT OF THE FINANCE A CITYWIDE PROJECTS COMMITTEE
MEETING ON OCTOBER 10, 2014
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding South Shore Community Center, 833 6th Street,
Miami Beach, Florida, regarding whether the Gity should:
A. AN AMENDMENT TO THE TEASE BY AND BETWEEN THE CITY OF MIAMI BEACH
("LANDIORD") AND MIAMI DADE COUNTY ("TENANT"), DATED SEPTEMBER 9,2OO9,
FOR THE PREMISES TOCATED ON THE FIRST FLOOR AT 833 6TH STREET, MIAMI BEACH,
FLORIDA, CONCERNING: A) RENEWTNG THE TEASE FOR AN ADDITION TERM OF FIVE (5)
YEARS; B) INCREASING THE ADDTTTONAL RENT FROM s7.68 pER SqUARE FOOT TO
58.81 PER SqUARE FOOT; AND C) REDUCTNG THE SIZE OF THE DEMTSED PREMISES
FROM 2,076 SQUARE FEET TO 591 SQUARE FEET;
B. AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF MIAMI BEACH
("[ANDLORD"] AND JEWTSH COMMUNTW SERVTCES OF SOUTH FLOR|DA, tNC.
("TENANT'') DATED SEPTEMBER 9,2009, FOR THE PREMTSES LOCATED ON THE FIRST
FtooR AT 833 6rH STREET, MIAM! BEACH, FLORIDA, CONCERNTNG: A) RENEWTNG THE
LEASE FOR THE SENTOR MEALS PROGRAM FOR AN ADDTTTON TERM OF F|VE (s)yEARS;
B) INCREASING THE ADDITIONAL RENT FROM 57.68 PER SqUARE FOOT TO 58.81 PER
SQUARE FOOT; AND C) INCREASING THE SIZE OF THE DEMTSED PREMISES FROM 289
SQUARE FEET TO It45 SQUARE FEET;
C. AN AMENDMENT TO THE TEASE BY AND BETWEEN THE CITY OF MIAMT BEACH
("IANDLORD") AND JEWISH COMMUNITY SERVICES OF SOUTH FLOR|DA, !NC.
("TENANT") DATED SEPTEMBER 9,2OO9, FOR THE PREMTSES LOCATED ON THE FTRST
FLOOR AT 833 5rH STREET, MtAMt BEACH, FLORIDA, CONCERNTNG: A) RENEWTNG THE
TEASE FOR THE SENIOR R|DE PROGRAM FOR AN ADDTTTON TERM OF FIVE (5) YEARS;
AND B} INCREASING THE ADDITIONAL RENT FROM 57.68 PER SQUARE FOOT TO 58.81
PER SQUARE FOOT;
Agenda ttem CG 4
Date //-l?y'/125
D.AN AMENDMENT TO THE CONCESSION AGREEMENT BY AND BETWEEN THE CIW OF
MtAMt BEACH ("LANDLORD") AND JEWISH COMMUNITY SERVTCES OF SOUTH
FLORIDA, tNC. ("CONCESSIONAIRE") DATED JULY 15, 2009, FOR THE PREMISES
tocATED oN THE FtRsr FLooR AT 833 6t' stneel MtAMt BEACH, FLoRIDA,
CONCERNING: A) RENEWING THE CONCESSION AGREEMENT FOR THE SENIOR MEATS
PROGRAM FoR AN ADDITION TERM OF FIVE (5) YEARS; AND B) INCREASING THE
ADDtTtONAt RENT FROM 51.92 PER SQUARE FOOTTO $2.20 PER SQUARE FOOT;
AN AMENDMENT TO THE LEASE BY AND BETWEEN THE CITY OF MIAMI BEACH
("LANDLORD") AND LITTIE HAVANA ACTtVtTtES AND NUTRITION CENTERS OF DADE
couNTY, lNc. ("TENANT') DATED SEPTEMBER 9,2OO9, FOR THE PREMISES LOCATED
oN THE FTRST FLOOR AT 833 5rH STREET, MIAMI BEACH, FLORIDA, CONCERNTNG: A)
RENEWING THE LEASE FOR AN ADDITION TERM OF FIVE (s)YEARS; B) INCREASING THE
ADDITIONAL RENT FROM 57.68 PER SQUARE FOOT TO $8.81 PER SQUARE FOOT; AND
c) TNCORPORATTNG THE OUTSTDE PTAYGROUND AS PART OF THE rEASE AGREEMENT;
AN AMENDMENT TO THE TEASE BY AND BETWEEN THE CITY OF MIAMI BEACH
("LANDIORD")AND UNTDAD OF MtAMt BEACH, lNC. ("TENANT") DATED SEPTEMBER 9,
2009, FOR THE PREMTSES TOCATED ON THE FTRST AND SECOND FTOORS AT 833 5rH
STREET, MIAM! BEACH, FLORIDA, CONCERNING: A) RENEWTNG THE LEASE FOR AN
ADDITIONAI TERM OF FIVE (5) YEARS; B) INCREASING THE ADDITIONAL RENT FROM
$7.68 PER SQUARE FOOT TO s8.81 pER SQUARE FOOT; C) RELOCATTNG FROM A
PORTION OF THE CURRENT LOCATION ON THE SECOND FTOOR TO A PORTION OF THE
SPACE CURRENTLY OCCUPIED BY MIAMI DADE COUNW ON THE FIRST FLOOR; D)
DECREASING THE TOTAL SIZE OF THE DEMISED PREMISES FROM 4,155 SQUARE FEET
TO 2,082 SqUARE FEET; AND E) MODIFYING THE PERMITTED USE OF THE PREMISES;
AND
A NEW LEASE AGREEMENT BY AND BETWEEN THE CIW OF MIAMI BEACH
("IANDLORD") AND SOUTH FLORIDA WORKFORCE TNVESTMENT BOARD ("TENANT"),
FOR THE PREMISES LOCATED ON THE SECOND FLOOR AT 833 6TH STRTET, MIAMT
BEACH, FLORID& CONCERNTNG: A) THE USE OF THE DEMISED PREMISES, CONSISTING
OF 3,262 SQUARE FEET, FOR A TERM OF FIVE (5) YEARS, TO PROVIDE WORKFORCE
SERVTCES; AND B) CHARGTNG ADDTTTONAI RENT lN THE AMOUNT OF s15.86 pER
SQUARE FOOT
ACTION
The Committee recommended moving this item, with benchmarks established for
each lease at the South Shore Community Center, to the City Commission for
review.
The Committee further instructed the Administration to review the allocation of
space currently being rented at the Center in an effort to optimize the facilities'
utilization. The Committee additionally requested Center tenants provide a listing
of the demographics being served through their operations, with a breakdown of
city residents being served versus non-clty residents.
E.
F.
126
NEW BUSINESS
2. Discussion 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
ACTION
The Committee instructed the City Attorney's Office to meet with the property
owner to continue negotiations and bring back the item to the Commission which
would include the proposed benefits derived to the City through the vacation of
this right-of-way.
3. Discussion regarding a Rooftop Lease agreement by and between the City
of Miami Beach ("landlord") and Crown Castle NG East, LLC ("tenant"),
concerning the use of the Rooftop of the building located at 1560 Collins
Avenue, Miami beach, Florida alUal Anchor Shops, for the operation and
maintenance of communications equipment, for a term of nine (9) years 364
days, commencing on the first day of the month following lease execution
AGTION
The Commiftee recommended the City give Crown Gastle NG East, LLC a one year
extension on their current lease while the Administration conducts the necessary
analysis required for competitively bidding this location.
127
THIS PAGE INTENTIONALLY LEFT BLANK
128
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on November 5, 2014. Land
Use Committee Members in attendance were Commissioners Joy Malakoff, Michael Grieco,
Jonah Wolfson, and Deede Weithorn. Members from the Administration, including, Thomas
Mooney, Joe Jimenez, Raul Aguila, Eve Boutsis, Gary Held, Maria Hernandez, Saul
Frances, Michael Belush, and Rogelio Madan as well as members of public, were also in
attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:05 PM.
1. DISCUSSION ON TELEGOMMUNICATIONS ORDINANCE.
(RETURNTNG FROM THE OGTOBER 1,2014 LUDC MEETTNG
ORIGINALLY REFFERED BY CITY COMMISSION
MARCH 5. 2O'4, CITY COMMISSION MEETING ITEM C4B)
AFTER.ACTION:
Eve Boutsis introduced the item and provided an update of the workshop discussion of the
Planning Board meeting on 1012812014.
RaulAguila clarified lease of City Property versus regulation for the public right-of-way.
MOTION: MG/JM (3-0)
Confirm recommendation from the workshop discussion and for the item to be presented to
the city commission at the same time as the telecommunications request for proposals
(RFP).
2. DISCUSSION ON AN OVERLAY DISTRICTS
a) WASHINGTON AVENUE
b) NoRTH BEACH
(RETURNTNG FROM THE OCTOBER 1,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 CITY COMMISSION MEETING, ITEM C4B)
Agenda ltem
Date
C(tB4-r ,129
City Commission Memorandum
Report of Land Use & Development Commiltee Meeting of November 5, 2014
Page 2 of 5
AFTER.ACTION:
Thomas Mooney introduced the items and provided a background on the efforts for both
items.
Joe Jimenez indicated that there would be workshops in November.
Commissioners Weithorn and Malakoff expressed concerns that a Transfer of Development
Rights (TDR) program would not be successful. lt was suggested that the City should look
at simply raising the FAR where it is beneficial.
MOTION: MG/JW (3-0)
Remove the TDR option from consideration and only consider an FAR lncrease option.
MOTION: Approved by acclimation
Provide a progress report to the Land Use and Development Committee for North Beach on
December 10, 2014 and for Washington Avenue in January 2015.
3. DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO CHAPTER 106
RELATING TO PARKING TO REQUIRE A PARKING PLAN DURING
CONSTRUCTION FOR COMMERCIAL BUILDING PROJECTS.
(RETURNING FROM THE OCTOBER 1,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GRIECO
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4I}
VERBAL REPORT
AFTER.AGTION:
Saul Frances introduced the item. He discussed challenges with the enforcement
mechanisms of such an ordinance. Commissioner Malakoff expressed concerns with
construction workers utilizing public parking spaces. Commissioner Grieco expressed
concerns that on street parking and public parking gets entirely utilized by construction
workers and trucks preventing the public from going to the beach or going to businesses;
and that parking plans need to be put in place during to the construction phase.
Commissioner Weithorn expressed concerns that small construction projects in residential
neighborhoods create an impact and are just as important.
Joe Jimenez presented an idea that if construction trucks are not able to be contained on
private property that they work with the City in order to find an appropriate space to park.
MOTION: Continued to December 10, 2014by Acclimation.
4. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND GHAPTER {42
OF THE CITY CODE.
(RETURNING FROM THE OCTOBER 1,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER IO. 2014 CITY COMMISSION MEETING, ITEM C4O)
VERBAL REPORT
MOTION: Continued to December 10, 2014by Acclimation.
130
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of November 5,2014
Page 3 of 5
5. DISCUSSION OF A PROPOSED AMENDMENT TO THE ATLIUSTED GRADE OF
REQUIRED YARDS IN REFERENCE TO SEAWALL BUILT AT 5,7' NAVD.
(RETURNING FROM THE OCTOBER 1,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 17. 2014 CITY COMMISSION MEETING, ITEM C4B)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney introduced the item and described major issues related to water runoff.
Commissioner Weithorn stated that cisterns and innovation should be encouraged.
Attorneys and Architects representing different single family home owners addressed the
Committee. lf it was desired to raise the adjusted grade, it should be contingent upon
limitations on impervious areas including swimming pools and to tangible water retention
systems. Commissioner Malakoff expressed concerns related to sightlines.
MOTION: Continued to December 10, 2014by Acclimation.
6. GREATION OF A WAIVER TO THE MINIMUM REQUIREMENT OF lOO HOTEL
ROOMS FOR SPECTAL (SERIES S) LIQUOR LICENSES.
(RETURNING FROM THE OCTOBER 1 ,2014 LUDC MEETING
ORIGTNALLY REQUESTED BY CITY COMMISSION
SEPTEMBER 17. 2014 CITY GOMMISSION, ITEM G4D)
AFTER.AGTION:
Eve Boutsis provided an overview of the item.
James Rau provided an overview of the requirements of the Series S liquor license.
Commissioner Weithorn expressed concerns over hotels turning into night clubs. Frank Del
Vecchio addressed the committee. Commissioner Wolfson made a motion to refer the item
to the full commission for discussion. The motion failed for lack of a second.
7. ADDITIONAL MODIFICATIONS TO THE LAND DEVELOPMENT REGULATIONS
REGARDING UNIT SIZE AND LOT COVERAGE CALCULATIONS FOR ACCESSORY
STRUCTURES PERMITTED IN SINGLE FAMILY HOME DISTRICTS, AS PART OF
THE COMPREHENSIVE SINGLE FAMILY REVISIONS PENDING BEFORE THE
PLANNING BOARD.
(REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 30. 2014 CITY COMMISSION MEETING, ITEM C4A)
MOTION: Continued to December 10, 2014by Acclimation.
8. DISCUSSION ON INGREASING THE MAXIMUM BUILDING HEIGHT IN THE RM.2
DISTR!GT.
(REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 30. 2014 CITY GOMMISSION MEETING, ITEM C4B)
AFTER-ACTION:
Commissioner Wolfson provided an overview of the item.
Commissioner Malakoff read a letter provided by Mount Sinai Hospital. Attorneys and
Architects representing the property owner addressed the Committee. Commissioners
Weithorn and Malakotf expressed concerns with the maximum proposed height of 180'.
131
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of November 5, 2014
Page 4 of 5
MOTION: JWMG (2-1, Commissioner Malakoff opposed)
Recommend that the commission refer the ordinance to the Planning Board.
9. DISGUSSION ON PROPOSED AMENDMENTS TO THE SINGLE FAMILY HOME
oRDTNANGE (REAR YARD SWIMMTNG POOLS).
(RETURNTNG FROM THE OCTOBER 1,2014 LUDG MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
JULY 23. 2014 GIry COMMISSION MEETING, ITEM C4H)
AFTER.ACTION:
The item was heard in conjunction with item #5.
MOTION: Continued to December 10, 2014by Acclimation.
10. DISCUSSION ON THE COLLINS CANAL PROJECT .5 P.M. TIME CERTAIN
(REQUESTED BY ClrY COMMISSION
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgG)
VERBAL REPORT
AFTER.AGTION:
Eric Carpenter made a presentation on the status of the Collins Canal project. lt was
indicated that the City was looking for opportunity for shade trees. Commissioner Weithorn
expressed concerns over selecting appropriate shade trees that do not affect bicycle and
pedestrian safety. Commissioner Malakoff recommended that the feasibility of placing a bike
path around the golf course be studied. Commissioner Malakoff recommended that the
feasibility of reintroducing mangroves into the canal be studied. Members of the public
addressed the committee.
MOTION: JWJM (approved by Acclimation).
Continue the item to the January 2015 meeting and directing the administration to analyze
the feasibility of 1) placing a bike path around golf course, 2) moving the sidewalk to the
north to allow for more walking space and plantings, 3) placing a roundabout, 4) relocation
of the bicycle path, and 5) the reintroduction of mangroves.
11. PROPOSED ORDINANCE AMENDMENTS PERTAINING TO BUILDING HEIGHT AND
PARKING REQUTREMENTS rN THE CtVrC AND CONVENTTON CENTER (CCC)
DISTRICT.
(REQUESTED BY CITY COMMISSION
OCTOBER 22. 2014 CITY COMMISSION MEETING, ITEM RgD)
AFTER.AGTION:
Thomas Mooney provided an overview of the item. Maria Hernandez presented various
massing options for a convention center hotel. Commissioner Weithorn expressed that it
was important to provide flexibility.
MOTION: DWJM (3-0)
Refer the item to the Planning Board, with a recommendation that hotels within the CCC
District be given the maximum flexibility to build up to 300 feet and with a parking
requirement of 0.4 spaces per unit.
132
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of November 5, 2014
Page 5 of 5
12. DISCUSSION REGARDING TEXT AMENDMENT FOR OCEAN FRONT PROPERTIES
IN THE RM.3 DISTRICT TO PERMIT THE ADDITION OF BALCONIES ON NON.
CONTRIBUTING BUILDINGS
(REQUESTED BY COMMTSSTONER JOY MALAKOFF)
OGTOBER 29. 2014 CIry GOMMISSION MEETING, ITEM C4B)
VERBAL REPORT
AFTER-AGTION:
Commissioner Wolfson provided an overview of the item. Lucia Dougherty made a
presentation on the Shore Club Hotel, its conversion to a luxury condominium building, and
the need for extended balconies. Commissioner Weithorn expressed concerns that making
an amendment citywide could have unintended consequences.
MOTION: MG/JW (3-0)
Refer the item to the Planning Board, with a recommendation that the ordinance only apply
to balconies and balconies with columns.
,n" ry:fg Adjourned at 7:00 PM
ttitrrufilnRM/MAB/RAM
t:\agenda\2014\november\report of the ludc meeting of november 5, 2014.docx
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TO:
FROM:
DATE:
OFFICE OF THE CIry MANAGER
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
COMMISSION MEMORANDUM
the City pommission
SUB]ECT: REPORT OF
MEETING ON FRIDAY OCTOBER 31, 2014.
A meeting of the Neighborhood/Community Affairs Committee was held on Friday,
October 31, 2014 at 8:30am in the Commission Chamber, 3rd Floor of City Hall.
Commissioners in attendance: Commissioners Micky Steinberg, Deede Weithorn, Joy
Malakoff, Michael Grieco and Ed Tobin. Members from the Administration and the public
were also in attendance.
THE MEETING OPENED AT 8:42 A.M.
OtD BUS,,VESS
1. Discussion Regarding Removing The "Arthur Godfrey Road" Co-Name lor 41st Street.
Commission ltem C4G, July 23, 2014
(Req ue sted by Co m mi ssi on e r M a I a koff)
AFTER.ACTION
Jose Gonzalez, Transportation Director gave q presentation regarding the background of co-
naming 41't Street to Arthur Godfrey Road. 41sr Street is a state road, ind accord-ing to FDOT,
they could not find any record of having 41"1Street co-named with Arthur Godfrey Road. FDOT
instructed the City to write a resolution from the City Commission should the removal of Arthur
Godfrey Road pass.
Commissioner Weithorn stated that it is important to look at the perspective of this item. lt is
important to understanding that having 41't Street co-named causes great deal of confusing.
Commissioner Weithorn suggested that looking fonruard the City Commission should adopt a
policy against co-naming major streets due to its confusion.
MOTION: By Commissioner Weithorn to move the item with positive recommendation.
Seconded by Commissioner Malakoff.
MOTION: By Commissioner Weithorn to have administration draft an ordinance stating that major
arteries in the City should not be co-named after anyone. Major road such as Sth Street, 71't
Street,41't Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive.
Raul Aguila, City Attorney stated that the Commission can do an amendment to the current
naming ordinance.
Seconded by Commissioner Malakoff.
Commissioner Steinberg was not present for the vote.
Commissioner Malakoff would like Administration to look into co-naming 8th Street after Tony
Goldman.
Commissioner Tobin asked Administration to give an update on co-naming a street after Tony
Goldman.
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To request this material in accessibte format, sign tanguage interpreters, information on ,""""1"", ;;"ril; ,,":;,tii",lgenaa lffem C Q9'
review any document or participate in any city-s[onsoied -proceeding, please contact 305-604-2489 (voice) or 305-673-721 Date //-0-/Uinitiate your request. TTY users may also call 711 (Florida Relay Service).135
2.Discussion Regarding A Commercial Use Permit Fee For Gity-Owned Property And City
Parks Facilities.
Commission ltem C4B, June 11, 2014
(Requested by Parks and Recreation)
AFTER.ACTION
John Rebar, Parks and Recreation Director provided an update regarding this item. John Rebar
suggested having Parks and Recreation, along with Code Compliance approach these
individuals using City property and try to legitimize their use of the public space. Also this would
provide regulation without creating an additional permitting process. John Rebar recommends the
removal of this item from the pending list and allow Administration to look at it longer to see if
there is a better way fonrvard.
DIRECTION: By Commissioner Tobin to have Administration come back in six months to the
Committee with a status update.
Amendments To Chapter 70, Article ll, Division 2 Of The City Gode Entitled "Bicycling,
Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of Transportation."
Commission ltem RSF. May 21, 2014
(Req u ested by Co m mi ssi o ne r W olfso n)
Jose Gonzalez, Transportation Director gave a brief history regarding this item.
Henry Stolar began his presentation on the amendments to this ordinance.
Raul Aguila, City Attorney reminded the Committee that this Ordinance originated with the issue
of Segways. By broadening the definition to include Segways and other forms of motorized
means of transportation, it goes with the idea that police can give moving violations under uniform
traffic citations. Due to limited City resources, the enforcement dichotomy in the Ordinance will
help alleviate that burden from police. However, to give Code Compliance Officers the ability to
give moving violations, a process would need to be followed in order to give them that authority.
Commissioner Malakoff stated that in order to enforce these rules, the signage and information
needs to be extremely clear.
Commissioner Weithorn stated that regulating these motorized "toys" still needs some research,
but the regulation of Segways should move fonruard. This Ordinance should pass in order for
Administration to start regulating the tours of Segways.
Raul Aguila, City Attorney stated that there is already dual enforcement because anything a Code
Compliance Officer can cite, so can a Police Officer. However, in regards to allowing a Code
Compliance Officer the same citation enforcement as a Police Officer a process needs to be
followed. A revised redlined ordinance was provided has a handout.
Commissioner Weithorn would like to amend the motion to include that tour operators wear shirts
that distinguish them as the tour operator.
Commissioner Malakoff would like to amend the motion to also include having an individual,
unique number on each Segway for identification purposes.
Deborah Turner stated that this requirement already exists within the Ordinance; howeverthere is
a significant amount of information currently required on the Segways.
Kathie Brooks, Assistant City Manager stated that in order to do that, other information required
on the Segways as set out by the ordinance must be removed.
Commissioner Weithorn stated that the address and phone number can be stricken out of the
Ordinance as a requirement in order to accommodate the large visible identification number and
the name of the tour operator.
MOTION: By Commissioner Weithorn to move with positive recommendation the Ordinance with
the latest amendments (requiring tour operators to wear clothing that distinguish them as tour
operators, striking the requirement to include the address and phone number in order to
accommodate the large visible identification number and the name of the tour operator).
Seconded by Commissioner Malakoff.
DIRECTION: By Commissioner Weithorn to begin research on the additional amendment that
would pertain to expanding the regulation of business conduct regarding all motorized mobility
devices.
3.
136
4. Discussion Regarding The Possible Appointment Of A Dedicated Liaison To The 41't
Street Corridor.
Commission ltem C4H, October 16,2013
(Requested by Commissioner Tobin)
AFTER.ACTION
Eric Carpenter, Public Works Director gave a brief background regarding this item. He discussed
a manager within the Sanitation department would be the best liaison for 41't Street. Eric
Carpenter informed the Committee that Administration had decided to appoint Kaylee Alayon a
Sanitation Operations Supervisor as the dedicated liaison for 41"t Street. Eric Carpenter stated
that within six months the liaison program can be implemented.
Commissioner Tobin discussed the importance of having a liaison on 41't Street that would focus
on the appearance, which would include landscaping and signage in addition to sanitation.
DIRECTION: By Commissioner Weithorn to bring the item back to NCAC within six months for
review.
,VET/Y BUS'NESS
5. Discussion Regarding Art On The Beach.
Commission ltem C4L, June 11,2014
(Requested by Mayor Levine)
AFTER-ACTION
Max Sklar, Tourism Culture and Economic Development Director introduced Adam Glickfield,
who would be giving the presentation. Max also informed the Committee that Miami-Dade County
has a contract with ECOMB to provide sponsored art on garbage cans from government cut to
2't't Street; to date, none of them have been installed. lf tnis is iomething tnai tne City wants to
do, it has to follow the current process of going to the Art ln Public Places.
Adam Glickfield gave a presentation regarding art on the beach.
Commissioner Weithorn suggested a pilot program to implement the painted trashcans.
Luis Rodriguez, Executive Director of ECOMB briefly discussed what their current agreement and
status is with Miami-Dade County.
MOTION: By Commissioner Weithorn to bring this item back to NCAC once it has already been
heard at the Art ln Public Places Board, where they will provide specific parameters for this
project. ln addition, residents should be invited to that meeting in order to give input and
feedback.
Seconded by Commissioner Malakoff.
6. Discussion Regarding The Purdy Boat Ramp.
Commission ltem R9P, October 22, 2014
(Requested by Commissioner Grieco)
AFTER.ACTION
Eve Boutsis, Deputy City Attorney gave a presentation regarding the Purdy boat ramp. The
suggestion is to bring in a dock master, create a fee schedule, and regulate the use of the boat
ramp.
Hernan Cardeno, Code Compliance Director discussed Miami-Dade County's fee structure and
the current rates that are approved. ln addition, Hernan discussed the dock master position at the
Haulover marina. Hernan suggested that the dock master position takes some policy
consideration.
Kathie Brooks, Assistant City Manager, stated that the City Manager has been reviewing the
issue and is recommending that the dock master position will be within the Parks and Recreation
department.
Commissioner Grieco suggested the Committee should motion that Administration prepares an
ordinance amendment that would create a fee structure for commercial operations and divide the
boat ramp into a residential side and a commercial side. ln addition, bring back a future
137
discussion on what type of authority the dock master will have. Commissioner Grieco suggested
that the dock master should fall under the Code Compliance department not the Parks and
Recreation department.
Joe Jimenez, Assistant City Manager, stated that the City Manager has decided to put the
program under Parks and Recreation; however, code enforcement and police will support the
enforcement aspect of the dock master. A fulltime employee at the dock will resolve a significant
amount of the current issues.
Hernan Cardeno stated that this has been something that the Marine Authority has already
reviewed and approved.
MOTION: By Commissioner Malakoff to have Administration create a dock master permanently
placed at the Purdy boat ramp, in addition to a fee structure for commercial use and
nonresidents.
DIRECTION: Commissioner Weithorn amended the motion to include the return of this item to
the Neighborhoods/Community Affairs Committee with an ordinance outlining who the authority
will be and what the fee structure will be.
Commissioner Weithorn amended the motion to also include a solution for non-motorized water
vehicles.
Seconded by Commissioner Steinberg.
7. Discussion Regarding Short Term Vacation Rentals and Gommercial Use of Residential
Properties.
Commission ltem R9/, Sepfember 10, 2014
(Requested by Mayor Levine)
AFTER.ACTION
Hernan Cardeno Code Compliance Director discussed the background of this item. Hernan
stated that he would like to see an increase in the fines.
Commissioner Malakoff suggested reducing the fining schedule from 18 months to 12 months.
Commissioner Tobin suggested doing a pilot implementation to assess which method works best.
Commissioner Malakoff suggested that a permitting system be setup in order to accommodate
those individuals that host charitable events in single family residences and limiting the number of
charity events allowed at a residence.
DIRECTION: By Commissioner Weithorn to bring back a recommendation that reducing the
fining time for repeat violators anyruhere between 6 months to 12 months. ln addition, bring the
Committee recommendations that would need their approval such as cutting the water or power.
Commissioner Tobin suggested that for repeat violators, the City should take the tenant to court.
Commissioner Weithorn suggested that for a second time violator within a six month period
should be fined $25,000.
Kathie Brooks, Assistant City Manager asked for clarification on the permitting recommendation
for charity events.
DIRECTION: By Commissioner Weithorn to look into a permitting process for charitable events at
a single family residence.
ADDENDUM MATERIAL ITEM #1 & #2
An Ordinance Amending Chapler 74 Of The Code Of The City Of Miami Beach,
Florida, Entitled "Peddlers And Solicitors," By Amending Article l, Entitled "ln
General," ByAmending SectionT4-1, Entitled "Soliciting Business !n Public From
Pedestrians," To Prohibit Commercial Solicitation ln Gertain Areas; Providing For
Repealer, Severability, Codification, And An Effective Date.
An Ordinance Amending Ghapter 46 Of The Gode Of The City Of Miami Beach,
Florida, Entitled "Environment," By Amending Article lll, Entitled "Litter," By
Amending Division 1, Entitled "Generally," ByAmending Section 46-92(a), Entitled
"Definitions," By Adding A Definition For The Term "Right-Of-Wiy," By Amending
Section 46-92(9), Entitled "Prohibition On Commercial Handbitt Distribution," By
Amending The Regulations And Prohibitions For The Distribution Of Commercial
138
Handbills; Providing For Repealer, Severability, Codification, And An Effective Date.
Commission ltem RsE & RSF, Sepfember 30, 2014
(Requested by Mayor Levine)
The court report swore in all those giving testimony regarding the current item.
Rob Rosenwald, First Assistant City Attorney introduced into the legislative record
documents 1-52 which are online on the City's website.
Joe Jimenez, Assistant City Manager began with the presentation.
MOTION: By Commissioner Weithorn to move the amendments to Chapter 74 and
Chapter 46 of the City Code of the City of Miami Beach with positive recommendations.
Seconded by Commissioner Malakoff.
MOTION: By Commissioner Tobin to adjourn the meeting at 12:09 PM.
Seconded by Commissioner Malakoff.
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MIAMIBEACH
City of Miqmi Beoch, I200 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: REPORT FROM THE OCTOBER 8,2014 FLOODING MITIGATION COMMITTEE
MEETING: 1) UPDATE FROM THE MAYOR,S BLUE RIBBON PANNEL ON
FLOODING AND SEA RISE; 2l UPDATE OF ONGOING PROJEGTS; 3) GIS
PRESENTATION; 4) AECOM UPDATE; 5) INDIAN CREEK AND GITY OWNED
SEAWALLS
Attached are the draft minutes of the Flooding Mitigation Committee meeting held
October 8,2014
Pursuant to Section 2-13 of the Miami Beach City Code, the City Commission is hereby
requested to review and approve the drafts. The draft minutes are subject to correction,
amendment and approval by the City Commission, with any corrections or amendments
to be reflected in those minutes.
Approval of the minutes does not constitute the City Commission's substantive approval
of actions taken by the Flooding Mitigation Committee, but shall serve only to allow the
minutes to assume their essential status as the official record of the proceedings of the
Flooding Mitigation Committee. However, those portions of minutes addressing a
Flooding Mitigation Committee's request for City Administration action, shall only be
effectuated when a corresponding item for such requested City Administration action is
placed on a City Commission agenda, and approved pursuant to resolution or motion
passed by a majority vote of the members present.
WfuBAM/LWB
T:\AGENDA\2014\November\Flooding Mitigation Commitlee Report.docx
Agenda ltem C0 D
Dare ll-l?'//141
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FLOODING MITIGATION COMMITTEE
MEETING MINUTES - Draft
OCTOBER 8, 2014 - 5:00 p.m.
The City of Miami Beach Flooding Mitigation Committee met on Wednesday, October 8,2014, at 5:00
p,m. in the City Manager's Large Conference Room. The meeting was led by Commissioner Jonah
Wolfson. Commissioners Michael Grieco and Joy Malakoff were in attendance. The minutes of the
meeting held on September 3,2014 will be submitted to the City Commission for approval at the October
22,2014 meeting.
REPORT FROM MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE
Scott Robins, Chair of the Panel reported that the discussion from their last meeting reviewed the action
plan the City had developed to address the expected flooding caused by the King Tides in the City. The
Panel recommended installing temporary pumps along with inflatable plugs to place in pipes that may
cause flooding in the City.
UPDATE OF ONGOING PROJECTS
Bruce Mowry, City Engineer reported on ongoing projects City staff is working on to address flooding.
The presentation reviewed projects Citywide and the effects that were being observed and how staff was
implementing solutions to reduce the impact of flooding. lt was reported that the two pump station
constructed at 1Oth and 14th Street were placed in operation on September 30th and had been running
continuously. The staff had seen dewatering in South Beach from not only on West Avenue and Alton
Road, but also in Flamingo Park on Meridian Ave. Water in the storm water collection systems on Euclid
had reduced levels to a point that gravity wells in the system had gone artesian and flowing up into the
collection system. lt was also reported that two of the rebuilt storm water pump stations were placed in
full operation in Sunset Harbour and that Pump Station No. 3 on 20th Street was nearing completion.
Temporary pumps and plugs installed in Sunset Harbour were being utilized to prevent flooding. David
Martinez, Director of CIP gave an update on projects that were operational in the City.
ACTION: No Action Taken
PRESENTATION BY KEARY CUNNINGHAMM, PW, GIS MGR. - GlS AS-BUILT IMPROVEMENTS
GIS has been making improvements to the method of inputting as-built drawing information into the
City's electronic data base and into programs staff had written that automatically review data to identify
missing or incorrect information. Staff is working to make this data base available to City consultants
designing drainage systems and eventually making the data available for residents.
AGTION: No Action Taken
AECOME UPDATE - HYPOTHETICAL MODEL; BASE FLOOD +3 AND FLOOD ELEVATION
A brief presentation was made to review the methodology used to size drainage systems in the City and
a discussion of level of service definition to determine the allowable flood water in the streets. Tom
McGowan also passed out a proposed scope of work to be used to evaluate potential criteria for the City
to set all new commercial and residential finished floor elevation at the FEMA Base Flood Elevation plus
3 feet to ensure that these facilities would have a reduced risk of flooding.
ACTION: The Committee asked that all future presentations address the assumptions and outcomes.
INDIAN CREEK SEAWALL 26TH - 29TH STREETS AND DISCUSSION ON CITY OWNED SEAWALLS
The flooding that was being experienced on lndian Creek Drive was discussed. This is an FDOT road.
It was stated that most of the seawalls that are underwater are privately owned. Commissioner Wolfson
asked that an action plan be developed to resolve this issue and outline the elements of this solution and
the benefits of such action.
AGTION: An action plan be developed and brought back to this Committee for discussion
ADJOURNMENT: The meeting was adjourned at 6:45 p.m. The Flooding Mitigation Committee will
meet next on Wednesday, November 12, 2014 at 5:00 p.m. in the City Manager's Large Conference
Room. The meeting will be posted on the City's website www.miamibeachfl.qov, Quick Links,
Commission Committee Referral Tracking (CCRT), Flooding Mitigation Home Page to obtain future and
past agendas.
F:\WORK\$ALL\(1) EMPLOYEE FOLDERS\CASTELLANOS DIANA\Flood Mitigation Committee\Flooding Mitigation Commiftee Meeting Minutes 10.8.2014.docx
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142
c7
RESOLUTIONS
143
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept ten (10) grants.
lntended Outcome Supoorted:
1) lnduce public school accountability mainly at middle school; 2),4),6) and 10) Maximize the Miami
Beach brand as a world-class destination; 3) Ensure reliable storm water management and resiliency
against flooding by implementing select short and long-term solutions including addressing sea-level
rise; 4) Maximize the Miami Beach brand as a world-class destination; 5) Commission a comprehensive
mobility plan which gives priority recommendations (from non-vehicular to vehicular and including
parking; 6) Maximize the Miami Beach brand as a world-class destination; 7) and 8) N/A; 9) and 10)
Maximize the Miami Beach brand as a world-class destination.
Supporting Data: Community Satisfaction Survey: 1) Students who regularly attended high-quality
after school programs over two years demonstrated gains of up to 20 percentiles and 12 percentiles
in standardized math test scores respectively, compared to their peers who were routinely
unsupervised during the afterschool hours. (Policy Studies Associates, lnc., 2007) (Afterschool
Alliance); and high quality preschool education produces an average immediate effect of about (0.50) a
standard deviation on cognitive development, the equivalent of 7 or 8 points on an lQ test. (National
lnstitute for Early Education Research Rutgers); 2) 42o/o of residents visited the Washington Avenue
business area last year; 3) 15o/o of businesses said that the City can ensure business success by
"addressing flooding issue"; (ln the 2012 survey, only 1% of businesses had this response);4) B1o/o of
residents rated playground appearance positively; 5) Over half of businesses (56%) claimed that the
Miami Beach Convention Center added to the success of their business. and traffic flow in Miami Beach
is a driver of businesses' ratings of Miami Beach as a place to run a business; 6) 30% of residents said
that there were too few cultural activities and 37o/o said there were too few family friendly activities; 7)
and 8) The City's efforts to address homelessness" was a key driver for resident respondents in how
they view the City as a place to live, view city government on meeting expectations and if they would
recommend the City as a place to live; 'A lot of homeless" was rated amongst the top five things that
have a negative impact on the quality of life on Miami Beach. Based on the Census Count (January,
2012), the number of homeless in Miami Beach has decreased from 239 in FY 2004105 to 106 in FY
2012113;9) and 10) 4oo/o of residents claimed there were enough museums in Miami Beach and the
averaqe attendance at the Bass Museum of Art, for residents, was twice.
Item mendation:
Approve and authorize the following grant application submittals: 1) The Children's Trust Out of Schools
Program for funding in the approximate amount of $400,000 for the City's Summer and After School
Program; 2) Bloomberg Philanthropies Public Art Challenge in the approximate amount of $500,000 for
a public art project in partnership with the Wolfsonian/FlU; 3) South Florida Water Management District
in the approximate amount of $2.5 million for Stormwater lnfrastructure Funding; and retroactive
approval for the following submittals: 4) Florida Department of Environmental Protection, Florida
Recreation Development Assistance in the amount of $165,000 for the renovation of Polo Park; 5) US
Department of Commerce, Economic Development Administration (EDA) for the FY 2014 Regional
lnnovation Grants Program for Funding in the approximate amount of $215,000 for the Convention
Center Expansion and District Transportation Master Plan Project; and; 6) Miami Beach Visitor and
Convention Authority for funding in the amount of $50,000 for the City's Centennial Celebration; 7)
Miami-Dade County Homeless Trust Primary Care Housing/HMIS and Hotel/Motel for funding in the
amount of $62,373 for staffing for the Homeless Management lnformation System and for Hotel/Motel
funding for the city's homelessness prevention program; 8) Miami-Dade County Homeless TrusUlD
Assistance Program for funding in the amount of $25,000 for the ldentification (lD) Assistance program;
9) For Friends of the Bass, lnc.: Cultural Facilities Grant Program for funding in the approximate amount
of $216,034 for the Renovation of the Bass Museum; and, 10) For Friends of the Bass, lnc.: Florida
Department of State, Division of Historic Resources, Special Category Grants for funding in the amount
of $350,000 for the internal expansion of the Bass Museum; 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 and grant fundinq aqreements and audits.
AGENDA
''',,N
C7AMIAMIBEACHo^tE //-/?-/(144
Financial lnformation:
Source
of
Funds
Financial lmpact Summary: N/A
Grant Name/Project
The Children's Trust Out of Schools
Program/ City's Summer and After School
Bloomberg Public Art Challenge/Public Art
- Wolfsonian FIU
$80,000/Wolfsonian/
CMB ln-kind Match
South Florida Water Management DistricU
Deep Water lnjection Wells
$2,500,000/Proposed
Stormwater Bonds(Flamingo 109-6Street ROW
Florida Department of EnvironmentalProtection, Florida Recreation
Development Assistance/Renovation of
Polo Park
165,000/FY 2014t15
Pay-As-You-Go
US Department of Commerce, Economic
Development Adm inistration (EDA)/
Convention Center Expansion and District
Transoortation Master Plan
$215,000/Funds will
be requested through
the FY 15/16 Budget
Process
Visitor and Convention Authority/City's
Centennial Celebration
Resort Tax Account
1 60-4300-00031 2.
Miami-Dade County Homeless Trust
Miami-Dade County Homeless TrusUlD
Cultural Facilities Grant Program/Friendsof the Bass/Renovation of the Bass
Museum
$216,034 $216,034/The Friends
of the Bass Museum,
lnc. (Cash match
State Historic Preservation/Friends of the
Bass/l nternal Expansion
$350,000ffhe Friends
of the Bass Museum,
lnc. (Cash match
City Clerk's Office Legislative Tracking:
Judy Hoanshelt, Grants Manager, Office of Budget and Performance lmprovement
Sign-Offs:
145
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive. Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City rssron
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AP AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING ACTIONS: 1)
SUBMIT A GRANT APPLICATION TO CHILDREN'S TRUST OUT OF
SCHOOLS PROGRAM FOR FUNDING FOR THE CITY'S SUMMER AND
AFTER SCHOOL PROGRAM; 2) BLOOMBERG PUBLIC ART CHALLENGE
FOR FUNDING FOR A PUBLIC ART PROJECT IN PARTNERSHIP WITH
THE WOLFSONIAN/FIU ON MIAMI BEAGH !N THE APPROXIMATE
AMOUNT OF $500,000; 3) SUBMIT A GRANT APPLICATION TO SOUTH
FLORIDA WATER MANAGEMENT DISTRICT IN THE APPROXIMATE
AMOUNT OF $2.5 MILLION FOR STORMWATER INFRASTRUCTURE
FUNDING; AND RETROACTIVE APPROVAL FOR THE FOLLOWING
GRANT SUBMITTALS: 4) FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTEGTION, FLORIDA RECREATION DEVELOPMENT ASSISTANGE
PROGRAM !N THE AMOUNT OF $165,000 FOR RENOVATION OF POLO
PARK; 5) US DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT
ADMTNTSTRATION (EDA) FOR THE Fy 2014 REGTONAL TNNOVATION
GRANTS PROGRAM FOR FUNDING IN THE APPROXIMATE AMOUNT OF
$215,000 FOR THE CONVENTION CENTER EXPANSION AND DISTRICT
TRANSPORTATION MASTER PLAN PROJEGT; 6) VISITOR AND
CONVENTION CENTER AUTHOR!ry FOR FUNDING IN THE AMOUNT OF
$50,000 FOR THE CITY'S CENTENNIAL CELEBRATION lN 2015; 7) MIAMI-
DADE COUNTY HOMELESS TRUST FOR FUNDING FOR FISCAL YEAR
(FY) 2014t15 PRTMARY CARE HOUSTNG AND SERVTCES FUNDS tN THE
APPROXIMATE AMOUNT OF $62,373 FOR THE CIry'S HOMELESS
OUTREACH PROGRAM; 8) MIAMI-DADE COUNTY HOMELESS TRUST
FOR FTSCAL YEAR (Fy) 2014t15 FUNDING tN THE APPROX|MATE
AMOUNT OF $25,OOO FOR IDENTIFICATION ASSISTANCE THROUGH THE
CITY'S HOMELESS OUTREACH PROGRAM; 9) FRIENDS OF THE BASS
MUSEUM INC., STATE OF FLORIDA, CULTURAL FACILITIES GRANT
PROGRAM FOR FUNDING IN THE AMOUNT OF $216,034 FOR THE
RENOVATION OF THE BASS MUSEUM; 10) FRIENDS OF THE BASS
MUSEUM !NC.: STATE OF FLORIDA, DIVISION OF HISTORICAL
RESOURCES, SPECIAL CATEGORY GRANT PROGRAM FOR FUNDING IN
THE AMOUNT OF $35O,OOO FOR THE BASS MUSEUM INTERNAL
EXPANSION 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
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Commission Memorandum
Page 2
TO TAKE ALL NECESSARY STEPS AND EXEGUTE ALL NECESSARY
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS AND
FUND!NG REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT/FUNDING AGREEMENTS AND AUDITS
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
ANALYS!S
1. Approval to submit an application to the Children's Trust Out of Schools Prooram
for fundino in the approximate amount of $400.000 for the Citv's Summer and
After School Prooram.
The Children's Trust Out-of-School Program provides funding for summer camps and
after-school programs that stimulate academic, athletic, cultural and social learning in a
nurturing and supervised environment while parents are working and during times of day
when adolescents are most prone to at-risk behavior. The program provides after
school services to approximately 250 children ages 5-12 years old residing primarily in
the City of Miami Beach and offers activities to children, including physical fitness,
nutrition education, homework and literacy support. Program goals are to improve
academic skills and literacy and improve physical health and fitness.
Last year, the City was awarded funding in the amount of $309,180; this year the
Administration is planning to expand the Children's Trust-funded program to other sites
citywide. Therefore, the Administration anticipates that the grant request will be
approximately $400,000. This program supports the key intended outcome to induce
public school accountability mainly at the Middle School. This grant does not require
matching funds.
2. Approval to submit an application to Bloomberq Philanthropies Public Art
Challenoe for fundinq in the approximate amount of $500.000 for a temporarv
Public Art proiect in partnership with the Wolfsonian/FlU
The goal of the Bloomberg Public Art Challenge is to support innovative temporary
public art projects that enhance the quality of life in cities. Bloomberg Philanthropies
Public Art Challenge will grant at least three cites up to $1 million each to support
temporary public art projects that celebrate creativity, enhance urban identity, encourage
public-private partnerships, and drive economic development. The application must be
on behalf of collaboration between a city and an artist and/or arts organization.
The City, in collaboration with the Wolfsonian will propose the creation of a temporary
greenspace with landscape art and seating on the sidewalk/plaza in front of The
Wolfsonian - Florida lnternational University at the corner of 1Oth Street and Washington
Avenue. Modeled after successful temporary public art spaces in Ney York City, this
streetscape project will set the stage for a series of commissioned outdoor projections
and art installations on the sidewalk in front of the museum. The City, in partnership with
The Wolfsonian, will create a unique, community-centered urban intervention,
transforming a pedestrian throughway.
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Commission Memorandum
Page 3
The grant request will be for $500,000 and both the City and the Museum will contribute
in-kind costs to this project. Additional proposed sources of funds include donations.
This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination.
3. Approval to submit an application to South Florida Water Manaqement District
(SFWMD) in the approximate amount of $2.5 million for an alternative stormwater
outfall proiect
The South Florida Water Management District (SFWMD) is a regional governmental
agency that oversees the water resources in the southern half of the state, covering 16
counties from Orlando to the Florida Keys and serving a population of 8.1 million
residents. lt is the oldest and largest of the state's five water management districts.
Created in 1949, the agency is responsible for managing and protecting water resources
of South Florida by balancing and improving water quality, flood control, natural systems
and water supply. The mission of SFWMD is to manage and protect water resources of
the region by balancing and improving water quality, flood control, natural systems and
water supply.
SFWMD provides funding for stormwater management projects, alternative water supply
projects and water conservation projects. The Administration intends to apply for
funding from SFWMD for alternative stormwater outfall. As a result, climate change and
sea level rise, the frequency of flooding within the City Miami Beach has increased
significantly in recent years. Frequent, less severe flooding of streets and low-lying
areas occurs during spring high tides and afternoon thunderstorms in the summertime,
causing inconvenience, minor property damage and increased concern for mosquito
breeding in stagnant pools of water. More severe flooding causing significant property
damage generally occurs during intense storm events including hurricanes and when
high tides coincide with thunderstorms.
The City has taken action to develop a series of mitigation strategies including citywide
stormwater system upgrades, new stormwater pump stations and considerations for
developing alternative outfalls for stormwater discharge, and code revisions to develop
long-term sustainability guidelines and policies.
One such alternative stormwater outfall and sustainability policy being considered is the
use of Class V, Group 6 stormwater drainage wells or the use of Aquifer Storage and
Recovery technology. The City intends to construct a pilot well located generally in the
Flamingo Park area of South Beach, to determine the feasibility of implementing an
aquifer recharge system below the underground sources of drinking water as a means of
managing stormwater on a citywide basis. ln addition, the City wishes to look at the
feasibility of managed aquifer recharge systems to store excess stormwater and to
provide it as a source for non-potable and irrigation uses. The objectives of the initial
phase of the managed aquifer recharge program using excess stormwater would be to
determine suitable storage/recharge horizons within the Floridan aquifer by drilling an
exploratory-test stormwater well. The construction and testing costs associated with the
exploratory{est Class V Drainage well is estimated to be $5 million dollars. As such, the
grant request will be for $2.5 million, and the City will contribute matching funds in the
amount of $2.5 million from Proposed Stormwater Bonds (Flamingo 109-6 Street ROW
lmprovements). This grant supports the key intended outcome to ensure reliable storm
148
Commission Memorandum
Page 4
water management and resiliency against flooding by implementing select short and
long-term solutions including addressing sea-level rise.
4. Retroactive approval to submit an application to the Florida Department of
Environmental Protection. Florida Recreation Development Assistance Proqram
in the proximate amount of $165.000 for Renovation of Polo Park.
The Florida Recreation Development Assistance Program (FRDAP) is a competitive
program which provides grants to local government entities for acquisition and
development of land for public outdoor recreation use. The Florida Department of
Environmental Protection (DEP) administers the FRDAP program.
The administration has requested funding in the amount of $165,000 for renovations to
Polo Park. The scope of work for this project includes new playground with shade
structure and safety surface, renovation of swings, benches, landscaping and irrigation.
This grant requires matching funds and the source of matching funds in the amount of
$165,000 is Pay-As-You-Go funds. This grant supports the key intended outcome
maximize the Miami Beach brand as a world-class destination.
5. Retroactive approval to submit an application to US Department of Commerce.
Economic Development Administration (EDA) for the FY 2014 Reqional
lnnovation Grants Prooram for Fundino in the approximate amount of $215.000
for the Convention Center Expansion and District Transportation Master Plan
Proiect.
The US Economic Development Administration, under the Department of Commerce
provides funding for innovation, regional collaboration and job creation through its
Regional lnnovation Strategies Program. The main strategies are regional capacity
building; supporting innovation elements, commercialization centers, infrastructure
planning and seed capital; revenue generation and job creation. The program focus is to
contribute to economic growth and regional connectivity (connecting economic
development and commercialization resources) is a primary focus.
Miami Beach faces transportation challenges as a result of its unique land use and
geographical attributes, which includes a lack of available land and limited regional
connectivity. These and other factors require the City to utilize a combination of
innovative technology, transit demand management strategies and multi-modal
transportation system development to address its current traffic congestion. Despite high
ridership, heavy congestion has resulted in an unreliable bus system. The provision of
reliable alternative transportation modes and transit system enhancements, including
bus rapid transit technology, is necessary to address the City's multi-modal
transportation needs.
The Administration has submitted a requested for funding in the amount of $215,000_for
the Planning portion of the City Center District Transportation Master Plan. The
proposed scope of work incorporates extensive data collection and analysis, an
assessment of existing conditions and future needs, the development of mobility projects
and an implementation plan. lt will address the spatial requirements of elements
necessary for effective, safe and secure multi-modal transportation solutions integrated
into normal roadway operations. The total cost of the project is estimated to be
approximately $430,000. As such, the Administration is requesting funding for in the
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Commission Memorandum
Page 5
amount of approximately $215,000 for the City Center District Transportation Master
Plan. lf awarded, the Administration will request matching funds during the FY 15116
Capital Budget process. This project supports the key intended outcome to commissiona comprehensive mobility plan which gives priority recommendations (from non-
vehicular to vehicular and including parking.
6. Retroactive approval to submit an application to the Miami Beach Visitor and
Convention Authoritv for fundino in the amount of $50.000 for the Citv's
Centennial Celebration
The MBVCA is a seven member authority, appointed by the City of Miami Beach
Commission, with the goal of encouraging, developing and promoting the image of
Miami Beach locally, nationally and internationally as a vibrant community and superb
tourist destination. To this end, the MBVCA strategically focuses its funding investments
in a balanced manner, fostering outstanding existing programs, stimulating new
activities, and encouraging partnerships. The MBVCA is committed to a longterm plan
for allocation of resources to build the uniqueness of Miami Beach as one of the world's
greatest communities and tourism destinations. The MBVCA's Tourism Advancement
Program support initiatives, major one time special events and special project that
develop tourism.
Beginning on March 22,2015 and running for 100 straight hours to end on March 26,
2015 there will be non-stop events throughout the City of Miami Beach. Each of these
events will celebrate the history and culture of Miami Beach. Events will include a 100
years of fashion, 100 years of cars, 100 years of photography, and all will be leading up
to the final show of a large multi-artist concert on the beach. All of these events will be
presented without admission charge. As such, the Administration intends to apply for
funding in the amount of $50,000 for the Centennial Celebration. Matching funds are
required of this grant, and are available in Resort Tax Account #160-4300-000312. This
project supports the key intended outcome to maximize the Miami Beach brand as a
world-class destination.
7. Retroactive approval to submit a qrant application to Miami-Dade Countv
Homeless Trust for Fiscal Year (FY) 2014115 Primarv Care Housinq and
Services funds in the approximate amount of $62.373 for the Citv's Homeless
Outreach Prooram.
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and in this regard to establish and implement policies
based on the Miami-Dade County Community Homeless Plan (The Plan). The Plan is a
comprehensive continuum of care system to serve homeless persons in Miami-Dade
County.
Funds are available for shortterm hotel placement for homeless families and individuals
who cannot be placed in emergency shelter due to capacity issues. This program also
provides funding for food vouchers for families while residing in placements, if food
arrangements or other resources are unavailable. The grant will provide funding in the
amount of $62,373 and matching funds are not required.
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Commission Memorandum
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8. Approval to submit a orant application to Miami-Dade Countv Homeless Trust for
Fiscal Year (FY) 2014115 fundinq in the approximate amount of $25,000 for
ldentification Assistance throuoh the Citv's Homeless Outreach Proqram
The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and to establish and implement policies based on the
Miami-Dade County Community Homeless Plan. The Plan is a comprehensive
continuum of care system to serve homeless persons in Miami-Dade County.
The Homeless Trust also has ldentification Assistance funding available to provide
assistance in obtaining identification and other personal documents on behalf of
homeless individuals and families in Miami-Dade County. The funds will be used to
cover the cost of administering this program, and related costs or fees associated with
obtaining or replacing documents utilized to establish identification, such as Florida
identification cards, birth certificates, marriage certificates, school records, lawful
permanent resident cards, naturalization certificates and Florida driver's licenses. Vital
personal identification documents and official photo identification are necessary for
obtaining employment and housing.
Providing this service will help homeless individuals to become self-sufficient, and the
ldentification Assistance service is part of the City's current Homeless Outreach
Program and the grant will provide funding in the amount of $25,000. The grant does
not require matching funds.
L Retroactive approval for Friends of Bass Museum lnc.. to submit an aoplication
for fundinq to the State of Florida Cultural Facilities qrant prooram for fundino in
the approximate amount of $216.034 for the renovation of the Bass Museum,
and for the Citv to execute a restrictive covenant and all necessary documents in
connection with the aforestated qrant
The purpose of the Cultural Facilities Program is to coordinate and guide the State of
Florida's support and funding of renovation, construction, or acquisition of cultural
facilities. The Bass Museum, through The Friends of the Bass Museum lnc. has applied
for funding to the State Cultural Facilities Program to complete the internal expansion
project, which is a renovation that will increase space for exhibitions and education
programs by 47o/o. The Friends of the Bass Museum lnc. has requested funding in the
amount of $216,034 and matching funds are available from the Friends of the Bass
Museum, lnc. (Cash on Hand). The Friends of the Bass Museum lnc. has been notified
that the Museum has been awarded the grant.
The City of Miami Beach is the owner of the land and building where the Bass Museum
is located. As such, the State requires the City, as owner to execute a restrictive
covenant that will run with the title to the land and the cultural facility, encumber them,
and be binding upon the City for ten years following the execution of the grant award
agreement. The facility shall be maintained as a "cultural facility," defined as a building,
which shall be used primarily for the programming, production, presentation, exhibition
or any combination of the functions of cultural disciplines. The restrictive covenant will
be violated if the Grantee, the Owner, or their successors in interest do not use or cease
to use the facility as a cultural facility, within ten years following the execution of the
grant award agreement. lf the Grantee violates this restrictive covenant, it shall repay
151
Commission Memorandum
Page 7
the grant funds to Division pursuant to an amortization schedule. A copy of the
Restrictive Covenant is attached to this agenda item as Exhibit A. This project supports
the key intended outcome to maximize the Miami Beach brand as a world-class
destination.
10. Retroactive approval forthe Friends of The Bass Museum lnc. to submit a qrant
apolication to the State of Florida Division of Historical Resources for the Special
Cateoorv Grant Proqram for fundino for the Bass Museum lnternal Expansion
Proqram in the amount of $350.000
The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
lnterior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. Two
types of grants are awarded through this program: Small Matching Grants and Special
Category Grants.
This grant requires matching funds, and the source of the match in the amount of
$350,000 will be provided by the Friends of the Bass Museum, lnc. (Cash). This project
supports the key intended outcome to enhance beauty and vibrancy of urban and
residential neighborhoods; focusing on cleanliness, historic assets, in select
neighborhoods and redevelopment areas. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
CONCLUSION
A Resolution approving and authorizing the City Manager or his designee to take the
following actions: 1) Submit a grant application to Children's Trust Out of Schools
Program for funding for the City's Summer and After School Program; 2) Submit an
application to Bloomberg Philanthropies Public Art Challenge for funding in the
approximate amount of $500,000 for a temporary Public Art project; 3) Submit an
application to the South Florida Water Management District in the approximate amount
of $2.5 million for an alternative stormwater outfall project; and retroactive approval for
the following submittals: 4) Florida Department of Environmental Protection, Florida
Recreation Development Assistance Program in the proximate amount of $165,000 for
Renovation of Polo Park; 5) US Department of Commerce, Economic Development
Administration (EDA) for the FY 2014 Regional lnnovation Grants Program for Funding
in the approximate amount of $215,000 for the Convention Center Expansion and
District Transportation Master Plan Project; 6) State of Florida, Cultural Facilities Grant
Program for funding in the approximate amount of $216,034 for the Renovation of the
Bass Museum; 7) Miami-Dade County Homeless Trust for Fiscal Year (FY) 2014115
Primary Care Housing and Services funds in the approximate amount of $62,373 for the
City's Homeless Outreach Program; 8) Miami-Dade County Homeless Trust for Fiscal
Year (FY) 2014115 funding in the approximate amount of $25,000 for ldentification
Assistance through the City's Homeless Outreach Program; 9) Friends of Bass Museum
lnc., to submit an application for funding to the State of Florida Cultural Facilities grant
program for funding in the approximate amount of $216,034 for the renovation of the
Bass Museum, and for the City to execute a restrictive covenant and all necessary
documents in connection with the aforestated grant; 10) Friends of The Bass Museum
lnc. to submit a grant application to the State of Florida Division of Historical Resources
152
Commission Memorandum
Page B
for the Special Category Grant Program for funding for the Bass Museum lnternal
Expansion Program in the amount of $350,000; 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.
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153
RESOLUTION NO.
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 FOLLOWNG ACTIONS: 1) SUBMIT A GRANT
APPLICATION TO CHILDREN'S TRUST OUT OF SCHOOLS PROGRAM FOR
FUNDING FOR THE CITY'S SUMMER AND AFTER SCHOOL PROGRAM;
2) BLOOMBERG PUBLIC ART CHALLENGE FOR FUNDTNG FOR A pUBLtc ART
PROJECT IN PARTNERSHIP WITH THE WOLFSONIAN/FIU ON MIAMI BEACH IN
THE APPROXIMATE AMOUNT OF $500,000; 3) SUBMIT A GRANT APPLICATION
TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT IN THE APPROXIMATE
AMOUNT OF $2.5 MILLION FOR STORMWATER INFRASTRUCTURE FUNDING;
AND RETROACTIVE APPROVAL FOR THE FOLLOWING GRANT SUBMITTALS:4) FLORIDA DEPARTMENT OF ENVTRONMENTAL PROTECTION, FLORIDA
RECREATION DEVELOPMENT ASSISTANCE PROGRAM IN THE AMOUNT OF
$165,000 FOR RENOVATION OF POLO PARK; 5) US DEPARTMENT OF
GoMMERCE, ECONOMTC DEVELOPMENT ADMINISTRATION (EDA) FOR THE Fy
2014 REGIONAL INNOVATION GRANTS PROGRAM FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $215,000 FOR THE CONVENTION CENTER
EXPANSION AND DISTRICT TRANSPORTATION MASTER PLAN PROJECT; 6)
VISITOR AND CONVENTION CENTER AUTHORITY FOR FUNDING IN THE
AMOUNT OF $5O,OOO FOR THE CITY'S CENTENNIAL CELEBRATION IN 2015; 7)
MIAMI-DADE COUNTY HOMELESS TRUST FOR FUNDING FOR FISCAL YEAR
(FY) 2014115 PRIMARY CARE HOUSTNG AND SERVTCES FUNDS !N THE
APPROXIMATE AMOUNT OF $62,373 FOR THE CITY'S HOMELESS OUTREACH
PROGRAM; 8) MIAMI-DADE GOUNTY HOMELESS TRUST FOR FISCAL YEAR
(FYl 201411s FUNDING rN THE APPROXTMATE AMOUNT OF $25,000 FOR
IDENTIFICATION ASSISTANCE THROUGH THE CITY'S HOMELESS OUTREACH
PROGRAM; 9) FRIENDS OF THE BASS MUSEUM lNC., STATE OF FLORIDA,
CULTURAL FACILITIES GRANT PROGRAM FOR FUNDING IN THE AMOUNT OF
$216,034 FOR THE RENOVATION OF THE BASS MUSEUM; 10) FRIENDS OF THE
BASS MUSEUM lNG.: STATE OF FLORIDA, DIVISION OF HISTORICAL
RESOURCES, SPECIAL CATEGORY GRANT PROGRAM FOR FUNDING IN THE
AMOUNT OF $35O,OOO FOR THE BASS MUSEUM INTERNAL EXPANSION
PROGRAM; APPROVING AND AUTHORIZING THE APPROPRIATION OF THE
ABOVE GRANTS AND FUNDING REQUESTS, INCLUDING ANY REQUISITE
MATCHING FUNDS AND CITY EXPENSES; AND FURTHER AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND
EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT
LIMITATION, APPLICATIONS, GRANT/FUNDING AGREEMENTS AND AUDITS
WHEREAS, the Administration requests approval to submit an application to the
Children's Trust Out of Schools Program for funding in the approximate amount of $400,000 for
the City's Summer and After School Program, the details of which are as follows:
A. The Children's Trust Outof-School Program provides funding for summer camps and
after-school programs that stimulate academic, athletic, cultural and social learning in a
154
nurturing and supervised environment while parents are working and during times of day
when adolescents are most prone to at-risk behavior;
B. The program provides after school services to approximately 250 children ages 5-12
years old residing primarily in the City of Miami Beach and offers activities to children,
including physical fitness, nutrition education, homework and literacy support. Program
goals are to improve academic skills and literacy and improve physical health and
fitness;
C. Last year, the City was awarded funding in the amount of $309,180; this year the
Administration is planning to expand the Children's Trust-funded program to other sites
citywide. Therefore, the Administration anticipates that the grant request will be
approximately $400,000. This program supports the key intended outcome to induce
public school accountability mainly at the Middle School. This grant does not require
matching funds;
WHEREAS, the Administration requests approval to submit an application to Bloomberg
Philanthropies Public Art Challenge for funding in the approximate amount of $500,000 for a
temporary Public Art project in partnership with the Wolfsonian/FlU, the details of which are as
follows:
A. The goal of the Bloomberg Public Art Challenge is to support innovative temporary
public art projects that enhance the quality of life in cities. Bloomberg Philanthropies
Public Art Challenge will grant at least three cites up to $1 million each to support
temporary public art projects that celebrate creativity, enhance urban identity, encourage
public-private partnerships, and drive economic development. The application must be
on behalf of collaboration between a city and an artist and/or arts organization;
B. The City, in collaboration with the Wolfsonian will propose the creation of a temporary
greenspace with landscape art and seating on the sidewalk/plaza in front of The
Wolfsonian - Florida lnternational University at the corner of 1Oth Street and Washington
Avenue. Modeled after successful temporary public art spaces in Ney York City, this
streetscape project will set the stage for a series of commissioned outdoor projections
and art installations on the sidewalk in front of the museum. The City, in partnership with
The Wolfsonian, will create a unique, community-centered urban intervention,
transforming a pedestrian throughway;
C. The grant request will be for $500,000 and both the City and the Museum will contribute
in-kind costs to this project. Additional proposed sources of funds include donations.
This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination;
WHEREAS, the Administration requests approval to submit an application to South Florida
Water Management District (SFWMD) in the approximate amount of $2.5 million for an
alternative stormwater outfall project, the details of which are as follows:
A. The South Florida Water Management District (SFWMD) is a regional governmental
agency that oversees the water resources in the southern half of the state, covering 16
counties from Orlando to the Florida Keys and serving a population of 8.1 million
residents. lt is the oldest and largest of the state's five water management districts.
Created in 1949, the agency is responsible for managing and protecting water resources
of South Florida by balancing and improving water quality, flood control, natural systems
and water supply. The mission of SFWMD is to manage and protect water resources of
155
the region by balancing and improving water quality, flood control, natural systems and
water supply;
B. SFWMD provides funding for stormwater management projects, alternative water supply
projects and water conservation projects. The Administration intends to apply for
funding from SFWMD for alternative stormwater outfall. As a result, climate change and
sea level rise, the frequency of flooding within the City Miami Beach has increased
significantly in recent years. Frequent, less severe flooding of streets and low-lying
areas occurs during spring high tides and afternoon thunderstorms in the summertime,
causing inconvenience, minor property damage and increased concern for mosquito
breeding in stagnant pools of water. More severe flooding causing significant property
damage generally occurs during intense storm events including hurricanes and when
high tides coincide with thunderstorms;
C. The City has taken action to develop a series of mitigation strategies including citywide
stormwater system upgrades, new stormwater pump stations and considerations for
developing alternative outfalls for stormwater discharge, and code revisions to develop
long-term sustainability guidelines and policies;
D. One such alternative stormwater outfall and sustainability policy being considered is the
use of Class V, Group 6 stormwater drainage wells or the use of Aquifer Storage and
Recovery technology. The City intends to construct a pilot well located generally in the
Flamingo Park area of South Beach, to determine the feasibility of implementing an
aquifer recharge system below the underground sources of drinking water as a means of
managing stormwater on a citywide basis. ln addition, the City wishes to look at the
feasibility of managed aquifer recharge systems to store excess stormwater and to
provide it as a source for non-potable and irrigation uses;
E. The objectives of the initial phase of the managed aquifer recharge program using
excess stormwater would be to determine suitable storage/recharge horizons within the
Floridan aquifer by drilling an exploratorytest stormwater well. The construction and
testing costs associated with the exploratory-test Class V Drainage well is estimated to
be $5 million dollars. As such, the grant request will be for $2.5 million, and the City will
contribute matching funds in the amount of $2.5 million from Proposed Stormwater
Bonds (Flamingo 109-6 Street ROW lmprovements). This grant supports the key
intended outcome to ensure reliable storm water management and resiliency against
flooding by implementing select short and long-term solutions including addressing sea-
level rise;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the Florida Department of Environmental Protection, Florida Recreation
Development Assistance Program in the proximate amount of $165,000 for Renovation of Polo
Park, the details of which are as follows:
A. The Florida Recreation Development Assistance Program (FRDAP) is a competitive
program which provides grants to local government entities for acquisition and
development of land for public outdoor recreation use. The Florida Department of
Environmental Protection (DEP) administers the FRDAP program;
B. The administration has requested funding in the amount of $165,000 for renovations to
Polo Park. The scope of work for this project includes new playground with shade
156
structure and safety surface, renovation of swings, benches, landscaping and irrigation.
This grant requires matching funds and the source of matching funds in the amount of
$165,000 is Pay-As-You-Go funds;
C. This grant supports the key intended outcome maximize the Miami Beach brand as a
world-class destination ;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the US Department of Commerce, Economic Development Administration (EDA)
for the FY 2014 Regional lnnovation Grants Program for Funding in the approximate amount of
$215,000 for the Convention Center Expansion and District Transportation Master Plan Project,
the details of which are:
A. The US Economic Development Administration, under the Department of Commerce
provides funding for innovation, regional collaboration and job creation through its
Regional lnnovation Strategies Program. The main strategies are regional capacity
building; supporting innovation elements, commercialization centers, infrastructure
planning and seed capital; revenue generation and job creation. The program focus is to
contribute to economic growth and regional connectivity (connecting economic
development and commercialization resources) is a primary focus;
B. Miami Beach faces transportation challenges as a result of its unique land use and
geographical attributes, which includes a lack of available land and limited regional
connectivity. These and other factors require the City to utilize a combination of
innovative technology, transit demand management strategies and multi-modal
transportation system development to address its current traffic congestion. Despite high
ridership, heavy congestion has resulted in an unreliable bus system. The provision of
reliable alternative transportation modes and transit system enhancements, including
bus rapid transit technology, is necessary to address the City's multi-modal
transportation needs;
C. The Administration has submitted a requested for funding in the amount of $215,000_for
the Planning portion of the City Center District Transportation Master Plan. The
proposed scope of work incorporates extensive data collection and analysis, an
assessment of existing conditions and future needs, the development of mobility projects
and an implementation plan. lt will address the spatial requirements of elements
necessary for effective, safe and secure multi-modal transportation solutions integrated
into normal roadway operations;
D. The total cost of the project is estimated to be approximately $430,000. As such, the
Administration is requesting funding for in the amount of approximately $215,000 for the
City Center District Transportation Master Plan. lf awarded, the Administration will
request matching funds during the FY 15116 Capital Budget process. This project
supports the key intended outcome to commission a comprehensive mobility plan which
gives priority recommendations (from non-vehicular to vehicular and including parking.
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to the Miami Beach Visitor and Convention Authority for funding in the amount of
$50,000 for the City's Centennial Celebration, the details of which are:
157
A. The MBVCA is a seven member authority, appointed by the City of Miami Beach
Commission, with the goal of encouraging, developing and promoting the image of
Miami Beach locally, nationally and internationally as a vibrant community and superb
tourist destination. To this end, the MBVCA strategically focuses its funding investments
in a balanced manner, fostering outstanding existing programs, stimulating new
activities, and encouraging partnerships. The MBVCA is committed to a long-term plan
for allocation of resources to build the uniqueness of Miami Beach as one of the world's
greatest communities and tourism destinations. The MBVCA's Tourism Advancement
Program support initiatives, major one time special events and special project that
develop tourism.
B. Beginning on March 22,2015 and running for 100 straight hours to end on March 26,
2015 there will be non-stop events throughout the City of Miami Beach. Each of these
events will celebrate the history and culture of Miami Beach. Events will include a 100
years of fashion, 100 years of cars, 100 years of photography, and all will be leading up
to the final show of a large multi-artist concert on the beach. All of these events will be
presented without admission charge.
C. The Administration intends to apply for funding in the amount of $50,000 for the
Centennial Celebration. Matching funds are required of this grant, and are available in
Resort Tax Account #160-4300-000312. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to Miami-Dade County Homeless Trust for Fiscal Year (FY) 2014115 Primary Care
Housing and Services funds in the approximate amount of $62,373 for the City's Homeless
Outreach Program, the details of which are:
A. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and in this regard to establish and implement policies
based on the Miami-Dade County Community Homeless Plan (The Plan). The Plan is a
comprehensive continuum of care system to serve homeless persons in Miami-Dade
County;
B. Funds are available for shortterm hotel placement for homeless families and individuals
who cannot be placed in emergency shelter due to capacity issues. This program also
provides funding for food vouchers for families while residing in placements, if food
arrangements or other resources are unavailable. The grant will provide funding in the
amount of $62,373 and matching funds are not required;
WHEREAS, the Administration requests retroactive approval for the submittal of an
application to Miami-Dade County Homeless Trust for Fiscal Year (FY) 2014115 funding in the
approximate amount of $25,000 for ldentification Assistance through the City's Homeless
Outreach Program, the details of which are:
A. The Miami-Dade County Homeless Trust was created by the Miami-Dade Board of
County Commissioners to, among other things, oversee the use of the Food and
Beverage Tax and other funds and to establish and implement policies based on the
Miami-Dade County Community Homeless Plan. The Plan is a comprehensive
continuum of care system to serve homeless persons in Miami-Dade County;
158
B. The Homeless Trust also has ldentification Assistance funding available to provide
assistance in obtaining identification and other personal documents on behalf of
homeless individuals and families in Miami-Dade County. The funds will be used to
cover the cost of administering this program, and related costs or fees associated with
obtaining or replacing documents utilized to establish identification, such as Florida
identification cards, birth certificates, marriage certificates, school records, lawful
permanent resident cards, naturalization certificates and Florida driver's licenses. Vital
personal identification documents and official photo identification are necessary for
obtaining employment and housing;
C. Providing this service will help homeless individuals to become self-sufficient, and the
ldentification Assistance service is part of the City's current Homeless Outreach
Program and the grant will provide funding in the amount of $25,000. The grant does
not require matching funds; and
WHEREAS, the Administration requests retroactive approval for the submittal by the
Friends of the Bass Museum, lnc., of an application to the State of Florida Cultural Facilities
grant program for funding in the approximate amount of $216,034 for the renovation of the Bass
Museum, and for the City to execute a restrictive covenant and all necessary documents in
connection with the aforestated grant, the details of which are:
A. The purpose of the Cultural Facilities Program is to coordinate and guide the State of
Florida's support and funding of renovation, construction, or acquisition of cultural
facilities. The Bass Museum, through The Friends of the Bass Museum lnc. has applied
for funding to the State Cultural Facilities Program to complete the internal expansion
project, which is a renovation that will increase space for exhibitions and education
programs by 47%. The Friends of the Bass Museum lnc. has requested funding in the
amount of $216,034 and matching funds are available from the Friends of the Bass
Museum, lnc. (Cash on Hand). The Friends of the Bass Museum lnc. has been notified
that the Museum has been awarded the grant;
B. The City of Miami Beach is the owner of the land and building where the Bass Museum
is located. As such, the State requires the City, as owner to execute a restrictive
covenant that will run with the title to the land and the cultural facility, encumber them,
and be binding upon the City for ten years following the execution of the grant award
agreement. The facility shall be maintained as a "cultural facility," defined as a building,
which shall be used primarily for the programming, production, presentation, exhibition
or any combination of the functions of cultural disciplines. The restrictive covenant will
be violated if the Grantee, the Owner, or their successors in interest do not use or cease
to use the facility as a cultural facility, within ten years following the execution of the
grant award agreement. lf the Grantee violates this restrictive covenant, it shall repay
the grant funds to Division pursuant to an amortization schedule. A copy of the
Restrictive Covenant is attached to this agenda item as Exhibit A;
C. This project supports the key intended outcome to maximize the Miami Beach brand as
a world-class destination.
WHEREAS, the Administration requests retroactive approval for the submittal by the
Friends of The Bass Museum lnc. to submit a grant application to the State of Florida Division of
Historical Resources for the Special Category Grant Program for funding for the Bass Museum
159
lnternal Expansion Program in the amount of $350,000, the details of which are:
A. The Historic Preservation Grants Program allocates state funds appropriated by the
Legislature and federal funds apportioned to the state by the U. S. Department of the
lnterior, National Park Service, for the preservation and protection of the state's historic
and archaeological sites and properties. The program is administered by the Bureau of
Historic Preservation, Division of Historical Resources, Florida Department of State. Two
types of grants are awarded through this program: Small Matching Grants and Special
Category Grants;
B. lf awarded, this grant requires that the City execute an Owner Concurrence Form, in
addition to the necessary grant documents, a copy of the Owner Concurrence Form is
attached as Exhibit B;
C. This grant requires matching funds, and the source of the match in the amount of
$350,000 will be provided by the Friends of the Bass Museum, lnc. (Cash). This project
supports the key intended outcome to enhance beauty and vibrancy of urban and
residential neighborhoods; focusing on cleanliness, historic assets, in select
neighborhoods and redevelopment areas. This project supports the key intended
outcome to maximize the Miami Beach brand as a world-class destination.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry 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 a grant application to
Children's Trust Out of Schools Program for funding for the City's Summer and After School
Program; 2) Submit an application to Bloomberg Philanthropies Public Art Challenge for funding
in the approximate amount of $500,000 for a temporary Public Art project; 3) Submit an
application to the South Florida Water Management District in the approximate amount of $2.5
million for an alternative stormwater outfall project; and retroactive approval for the following
submittals: 4) Florida Department of Environmental Protection, Florida Recreation Development
Assistance Program in the proximate amount of $165,000 for Renovation of Polo Park; 5) US
Department of Commerce, Economic Development Administration (EDA) for the FY 2014
Regional lnnovation Grants Program for Funding in the approximate amount of $215,000 for the
Convention Center Expansion and District Transportation Master Plan Project; 6) State of
Florida, Cultural Facilities Grant Program for funding in the approximate amount of $216,034 for
the Renovation of the Bass Museum; 7) Miami-Dade County Homeless Trust for Fiscal Year
(FY) 2014115 Primary Care Housing and Services funds in the approximate amount of $62,373
for the City's Homeless Outreach Program; 8) Miami-Dade County Homeless Trust for Fiscal
Year (FY) 2014115 funding in the approximate amount of $25,000 for ldentification Assistance
through the City's Homeless Outreach Program; 9) Friends of Bass Museum lnc., to submit an
application for funding to the State of Florida Cultural Facilities grant program for funding in the
approximate amount of $216,034 for the renovation of the Bass Museum, and for the City to
execute a restrictive covenant and all necessary documents in connection with the aforestated
grant; 10) Friends of The Bass Museum lnc. to submit a grant application to the State of Florida
Division of Historical Resources for the Special Category Grant Program for funding for the
Bass Museum lnternal Expansion Program in the amount of $350,000; 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.
160
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
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2014.
Philip Levine, Mayor
#PROI/ED AS TO
FONN,I & TANGUAGE
IFORE)GCUTION
161
EXHIBIT A
RESTRICTIVE COVENANT
(Grantee leases land and building.)
THIS RESTRICTIVE COVENANT is hereby entered into this
day of 20-', by Citv of Miami Beach, hereinafter
referred to as the "Owner"; Friends of the Bass Museum, Inc..
hereinafter referred to as the "Grantee;" and the State of Florida,
Department of State, Division of Cultural Affairs, hereinafter referred to as
the "Division",
WHEREAS, the Owner is the fee simple title holder of the building(s) and the underlying land
located at 21OO Collins Avenue, Miami Beach, Florida 33139. A legal description of the subject
property is attached as Exhibit A and made a part of this covenant.
WHEREAS, the Grantee leases the building(s) and underlying land from the Owner, City of
Miami Beach. "Facility" is used herein to refer to the building(s) and the associated land that will
be used as a "cultural facility," as defined herein.
WHEREAS, the Grantee has been approved to receive a Cultural Facilities Grant in the
amount of $ 216,034.OO, to be administered by the Division and used only for the acquisition,
renovation, and construction of the cultural facility in accordance with Section 265.7O1(t), Florida
Statutes.
WHEREAS, the Division has authority under Section 265.701(4), Florida Statutes, to require
the recordation of this restrictive covenant to ensure that the facility will be used as "cultural
facility," as defined herein, for at least (10) ten years following the execution of the grant award
agreement.
NOW THEREFORE, in partial consideration for the Cultural Facilities Grant and in accordance
with Section 265.701(4), Florida Statutes, the Parties hereby agree to the following:
1.) This restrictive covenant shall run with the title to the land and the cultural facility,
encumber them, and be binding upon the Grantee, the Owner and their successors in interest for
ten (10) years following the execution of the grant award agreement.
2.) The grant award shall only be expended for
Proiect Title: Bass Museum of Art Internal Expansion Proiect - Grant# 15.9.2OO.574
3.) The Parties agree that for the required duration of this covenant, all improvements to the
facility and the associated land, funded in whole or part by grant funds shall be owned by the
Owner.
4.) The Division has the right to inspect the facility and the associated land at all
reasonable times to determine whether the conditions of the grant award agreement and this
covenant are being complied with.
5.) The facility shall be maintained as a "cultural facility," defined as a building which shallbe used primarily for the programming, production, presentation, exhibition or any
combination of the above functions of any of the cultural disciplines, such as: music, dance,
theatre, creative writing, literature, painting, sculpture, folks arts, photography, crafts, media
arts, and historical and science museums.
1of 5
162
6.) This restrictive covenant will be violated if the Grantee, the
Owner, or their successors in interest do not use or cease to use the
facility as a cultural facility, as defined herein, and as required by
Section 265.7O7(4), F.S., within ten (10) years following the execution
of the grant award agreement. If the Grantee violates this restrictive
covenant, it shall repay the grant funds to Division pursuant to the
amortization schedule set forth below:
a. If the violation occurs within five (5) years following the execution of
the grant award agreement, l00o/o of the grant amount;
b. If the violation occurs more than five (5) but less than six (6) years following execution of
the grant award agreement, BOo/o of the grant amount;
c. If the violation occurs more than six (6) but less than seven (7) years following execution of
the grant award agreement, 650/o of the grant amount;
d. If the violation occurs more than seven (7) but less than eight (8) years following execution
of the grant award agreement, 5Oo/o of the grant amount;
e, If the violation occurs more than eight (8) but less than nine (9) years following execution
of the grant award agreement, 35o/o of the grant amount; and
f. If the violation occurs more than nine (9) but less than ten (10) years following execution of
the grant award agreement, 20o/o of the grant amount.
7.) The amount due as a result of Grantee's violation of this restrictive covenant shall be
due in full within 90 days of the violation, or some other period of time as agreed upon by the
parties.
8.) If the entire amount due under the paragraph (6.) is not repaid by the Grantee within
the time allotted, the Parties agree that the Division may obtain a stipulated judgment against
the Grantee for the amount due plus interest at the current legal rate, and record it in the
public records of the county where the facility is located. The Parties further agree that such a
judgment shall be a stipulated judgment by virtue of full execution of this restrictive covenant;
that it shall not require further approval of the Grantee or the Owner to obtain; and that no
trial or hearing shall be necessary to make such a stipulated judgment legally effective. Such a
stipulated judgment, when recorded, shall be considered a valid lien upon the Grantee's
interest in the facility and the associated land, including all improvements made in whole or in
part with grant funds.
9.) As a condition to receipt of the grant funds, the Grantee shall:
a. Record this covenant in the public records with the Clerk of the Circuit Court of Miami-Dade
County, Florida;
b. Pay all fees associated with its recording; and
c. Provide a certified copy of the recorded covenant to the Division and to the Owner.
10.) The Parties agree that the Division shall incur no tax liability as a result of this
covenant.
2of5
163
IN WITNESS WHEREOF, the Grantee and the Owner hereby affirm
that they have read this restrictive covenant; that they understand and
agree to its terms; and that they hereby affix their signatures accordingly.
WITNESSES:PARTIES:
First Witness Signature GRANTEE SIGNATURE
First Witness Name (print)GRANTEE NAME (print)
Second Witness Signature GRANTEE ADDRESS
Second Witness Name (print)
The State of Florida County of
City State zip
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
Florida on
Notary Public in and for
The State of
My commission expires:
personally
(Name)
appeared as for
(Position)
known to me to be or proved to my
ecuted the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at
(Name of
satisfaction that he/she
Qualifying Entity)
is the person described in and who ex-
IsEAL]
3of5
164
First Witness Signature OWNER SIGNATURE
First Witness Name (print)OWNER NAME (print)
Second Witness Signature OWNER ADDRESS
Witness Name (print)
The State of Florida County of
zip
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
personally
(Name)
appeared as
State
(Name of Qualifying Entity)
my satisfaction that he/she is the person described in and who executed
Florida on
Notary Public in and for
The State of
My commission expires:
City
for
(Position)
known to me to be or proved to
the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at
IsEAL]
4of5
165
First Witness Signature DIVISION OF CULTURAL AFFAIRS
First Witness Name (print)DIV. REPRESENTATIVE NAME (print)
Second Witness Signature
32303
R.A. Gray Building
500 S. Bronough St.
Tallahassee, Florida
Second Witness Name (print)
The State of Florida County of
I certify that on this date before me, an officer duly authorized in the state and county
named above to take acknowledgments, that
oersonallv
(Name)
appearedaSfortheFloridaDepartmentofState,Divisionof
(Position)
Cultural Affairs known to me to be or proved to my satisfaction that he/she is the person described
in and who executed the foregoing instrument.
Type of Identification Produced
Executed and sealed by me at Florida on
Notary Public in and for
The State of
My Commission expires:
ISEAL]
Page 5/5
166
EXHIBIT B
2016 Special Category Application
OWNER CONCTIRRENCE FORM
This form is requiredfor all site specific projects involving property
not owned by the applicant organizafion.
If the applicant does not own the proaerty, the owner of record must sign the following statement
indicating concurrence with the proposed project and this application for grant assistance.
I, the undersigned, am the owner or duly authorized representative of the property identified under item 3.
Project Title and Location Information (Name of Property) of this application and hereby
acknowledge my support for and full concurrence with this application.
Name (print or type)
Title
Organization or Agency
Signature
Date
Address
City State _ Zip
Daytime telephone
FAXNumber
Email Address
Special Category Grant Application Form HR3E0410705SM
Effective October 14, 2009
Reference: Rule I A- 39. 007 (8), F.A. C.
167
b
-
COMMISSION ITEM SUMMARY
c70
Board Recommendation:
T:\AGENDA\2014\Novem
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 Amendment No. 4 To The Existing Professional Services Agreement
Between The City Of Miami Beach And Schwebke-Shiskin & Associates, lnc. for additional design modifications
and permitting phase services associated with the revised stormwater criteria for the Venetian islands Bid Package
13C Rightof-Way Neighborhood lmprovement Project; in the negotiated not-to-exceed amount of $75,000 plus an
amount of $'l ,500 for reimbursables: for a total amount of $76.500: with
Build and maintain infrastructure with full
Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that
over 81Yo of residents rated recently completed capital improvement projects as "excellent" or "good". Recently
and condition ol roads (44o/o
Item Summary/Recommendation :
On September 9, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No. 42-08/09, adopted
Resolution No. 2009-27161 , approving and authorizing the Mayor and City Clerk to execute a Professional Services
Agreement (PSA) with Schwebke-Shiskin & Associates, lnc. (SS&A) to provide professional services for the design,
bid, award and construction administration phases of the Venetian lslands Bid Package 13C, Right-Of-Way
Neighborhood lmprovement Project (the Project) in the amount of $585,160. The original contract provided limited
construction administration services and reduced Resident Project Representative (RPR) services.
On June 2010, the administration approved Amendment No. 1 for an amount of $9,900 for topography survey of the
existing outfalls scheduled for rehabilitated. Subsequently, on May 8, 2013, the City Commission adopted
Resolution No. 2013-28202 to approve Amendment No.2 for additional RPR services and Supplemental
Construction Administration services in the amount of $349,957.
On March 5,2014, the Ci$ Commission adopted Resolution No.2014-28528, approving Amendment No.3 in the
amount of $201,814 for the re-design and permitting phase services associated with the enhanced stormwater
system criteria.
SS&A, completed their design, and submitted it to Miami-Dade County Department of Regulatory and Economic
Resources (RER), Environmental Resources Management for approval. On July 22,2014, RER issued approval
for the revised design. On August 5, 2014, the revised design was submitted to PWD and concurrently, change
order negotiations were taking place with Lanzo Construction.
On August 26,2014 the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, directed PWD to provide all revised
stormwater improvement designs, including Venetian lslands, to AECOM, the City's Flooding Mitigation Consultant,
for their review. Upon receipt of AECOM's review comments (October 10,2014) and a subsequent review meeting
with the City Enginee/s office, and SS&A (October 13,2014), it was determined further design modifications were
required. Pursuant to these required design modifications, additional design and permitting services will be added
to the Professional Services Agreement as Amendment No. 4, in the amount of $76,500. Amendment No. 4 will
revise the total contract sum to a not-to-exceed total of $1,223,331.
Upon completion of the revised construction plans, and the approval of the same by the PWD, CIP will negotiate a
construction change order with Lanzo Construction to implement the revised storm water design. The change order
will be accomplished in two steps. The first step will be for the revised storm water conveyance system, which will
be processed administratively in order to minimize any delay in construction. The second change order will be for
stormwater pump stations and related appurtenances. lt is anticipated this change order item will be brought to the
Commission in January 2015.
The Administration recommends of the resolution.
Fund 429 - 2127-061357 Stormwater LOC Resolution No. 2009-27076
Financial lm-pact Summary: N/A
David Martinez, Ert. 6972
MIAMIBEACH AGENDA
o^re //_/l_ry168
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS N MEMORANDUM
TO:Mayor Philip Levine and Members bf the City mission
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, APPrcVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE EXISTING
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CIry OF MIAMI
BEACH AND SCHWEBKE.SHISKIN & ASSOCIATES, INC. FOR ADDITIONAL
DESIGN MODIFICATIONS AND PERMITTING PHASE SERVICES ASSOCIATED
WITH THE REVISED STORMWATER GRITERIA FOR THE VENETIAN ISLANDSBID PACKAGE 13C RIGHT.OF.WAY NEIGHBORHOOD IMPROVEMENT
PROJECT; lN THE NEGOTIATED NOT-TO-EXCEED AMOUNT OF $75,000 PLUS
AN AMOUNT OF $1,500 FOR REIMBURSABLES; FOR A TOTAL AMOUNT OF
$76,500; WITH PREVIOUSLY APPROPRIATED FUNDING.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUNDING
$76.500 Fund 429 - Stormwater LOC Resolution No. 2009-27076
$76,500 Tota!
BACKGROUND
On September g, 2009, the City Commission pursuant to Request for Qualifications (RFQ) No.
42-08109, adopted Resolution No. 2009-27161, approving and authorizing the Mayor and City
Clerk to execute a Professional Services Agreement (PSA) with Schwebke-Shiskin &
Associates, lnc. (SS&A) to provide professional services for the design, bid, award and
construction administration phases of the Venetian lslands Bid Package 13C, Right-Of-Way
Neighborhood lmprovement Project (the Project) in the amount of $585,160. The original
contract provided limited construction administration services and reduced Resident Project
Representative (RPR) services.
On June 2010, the administration approved Amendment No. 1 in the amount of $9,900 for a
topographic survey of the existing outfalls scheduled for rehabilitation. Subsequently, on May 8,
2013, the City Commission adopted Resolution No. 201 3-28202 to approve Amendment No. 2
| | i"'"\ )''"' ' .'*'\. i', , t,,,1. t,. i"t t i..,.i '*,'\ " " , \-, '
169
Commission Memorandum - Schwebke-Shlskln
Amendment 4 for Venetian /s/ands Bid Package 13C Project
November 19,2014
Page 2
for additional RPR services and Supplemental Construction Administration services in the
amount of $349,957.
As recommended by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the
Flooding Mitigation Committee, on February 12,2014 the City Commission approved to amend
the City's Storm Water Management Master Plan by modifying the design criteria for the
tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions.
The Public Works Department (PWD) has requested that staff implement the enhanced
stormwater system criteria including increasing from 6-inch to 7.S-inch, S-day, 24-hour rain
event. The new criteria required SS&A to revise the design included in the contract documents
for this project.
On March 5, 2014, the City Commission adopted Resolution No. 2014-28528 approving
Amendment No. 3 in the amount of $201 ,814 for the re-design and permitting phase services
associated with the enhanced stormwater system criteria.
SS&A completed their design, and submitted it to Miami-Dade County Department of
Regulatory and Economic Resources (RER), Environmental Resources Management for
approval. On July 22,2014, RER issued approval for the revised design. On August 5, 2014,
the revised design was submitted to PWD and concurrently, change order negotiations were
taking place with Lanzo Construction.
ANALYSIS
On August 26,2014 the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, directed PWD to
provide all revised stormwater improvement designs, including Venetian lslands, to AECOM, the
City's Flooding Mitigation Consultant, for their review.
Upon receipt of AECOM's review comments (October 10, 2014) and a subsequent review
meeting with the City Engineer's office, and SS&A (October 13,2014), it was determined further
design modifications were required.
Pursuant to these required design modifications, additional design and permitting services will
be added to the Professional Services Agreement as Amendment No. 4 (Attached) in the
amount of $76,500. Amendment No. 4 will revise the total contract sum to a not-to-exceed total
of $1,223,331.
Upon completion of the revised construction plans, and the approval of the same by the PWD,
CIP will negotiate a construction change order with Lanzo Construction to implement the revised
storm water design. The change order will be accomplished in two steps. The first step will be
for the revised storm water conveyance system, which will be processed administratively in
order to minimize any delay in construction. The second change order will be for stormwater
pump stations and related appurtenances. lt is anticipated this change order item will be
brought to the Commission in January 2015.
CONCLUSION:
The Administration recommends approval of 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. 4 to the existing professional services agreement between the City of Miami
Beach and Schwebke-Shiskin & Associates, Inc. for additional design modifications and
permitting phase services associated with the revised stormwater criteria for the Venetian
islands Bid Package 13C Right-of-Way Neighborhood lmprovement Project; in the negotiated
170
Commi ssion Memorand um - Schwebke-Shlskln
Amendment 4 for Venetian /s/ands Bid Package 13C Project
November 19,2014
Page 3
not{o-exceed amount of $75,000 plus an amount of $1,500 for reimbursables; for a total
amount of $76,500; with previously appropriated funding.
ATTACHMENTS:
Schwebke-Shiskin Amendment No. 4
JLM\MNDM
T:\AGENDA\2014\NcvembeAClP\Venetian lsiands- SS &A Amendment4- MElvlO.docx
171
AMENDMENT NO.4
TO THE PROFESSIONAL ARCHITECTURE
AND ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SCHWEBKE.SHISKIN & ASSOCIATES,
DATED DECEMBER 18,2009
IN AN AMOUNT NOT.TO.EXCEED $76,500
TO PROVIDE ADDITIONAL DESIGN MODIFICATIONS AND PERMITT!NG PHASE
SERVICES FOR THE VENETIAN ISLANDS BID PACKAGE 13C RIGHT.OF.WAY
NEIGHBORHOOD IMPROVEMENT PROJECT
This Amendment No. 4 to the Agreement made and entered this day of
2014, by and between the CITY OF MIAMI BEACH, a municipal corporation existing under the
laws of the State of Florida, having its principal offices at 1700 Convention Center Drive,
Miami Beach, Florida 33139 (hereinafter referred to as CITY), and Schwebke-Shiskin &
Associates, lnc., having its offices at 3240 Corporate Way, Miramar, Florida 33025
(hereinafter referred to as CONSULTANT).
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFO) No. 42-08/09, the Mayor
and City Commission adopted Resolution No. 2009-27161, on September 9, 2009, approving
and authorizing the Mayor and City Clerk to execute an Agreement (the Agreement) with the
Consultant, for Professional Services for the Venetian lslands Bid Package 13C Right-of-Way
Neighborhood lmprovement Project (the Project); and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $530,160,
plus an additional amount of $55,000 for approved reimbursables; and
WHEREAS, on June 2010, Amendment No.1, in a not-to-exceed amount of $9,900,
was approved to provide additional topographic survey of existing outfalls scheduled to be
rehabilitated; and
WHEREAS, on May 8,2013, the City Commission adopted Resolution No. 2013-
28202, approving Amendment No. 2, in the not-to-exceed amount of $349,957, to provide
additional resident project representative and supplemental construction administration
services; and
WHEREAS, on March 5, 2014, the City Commission adopted Resolution No. 2014-
28528, approving Amendment No. 3, in the not-to-exceed amount of $201 ,814 for the re-
design and permitting of the Stormwater System, including new drainage calculations and
design to incorporate pump stations; and
WHEREAS, on August26,2014 the Mayor's Blue Ribbon Panel on Flooding and Sea
Rise, directed PWD to provide all revised stormwater improvement designs, including
172
Venetian lslands, to AECOM, the City's Flooding Mitigation Consultant, for their review; and
WHEREAS, upon receipt of AECOM's review comments (October 10, 2014) and a
subsequent review meeting with the City Engineer's office, and the Consultant (October 13,
2014), it was determined that further design modifications were required; and
WHEREAS, this Amendment No. 4, in the not-to-exceed amount of $76,500 will
provide for additional design modifications and permitting of the Stormwater System; and
WHEREAS, City staff have evaluated the Consultant's fee proposal and find that the
proposal is fair and reasonable; and
WHEREAS, Amendment No. 4 to the Agreement will revise the total contract sum to a
not-to-exceed total of $1,223,331 .
NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this
Amendment No. 4.
2, MODIFICATIONS
The Agreement is amended to incorporate Schedule "A - 4", attached hereto.
3. OTHER PROVISIONS
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 4.
173
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be
executed in their names by their duly authorized officials as of the date first set forth above.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
City Clerk Mayor
ATTEST:CONSULTANT:
SCHWEBKE.SHISKIN & ASSOCIATES,
!NC.
Secretary President
Print Name Print Name
Attachment: Schedule A-4
174
Schedule A-4
SJ,"rHl, - Sfrt'fra,
Mark S. Johnson, P.S.M.
Ronald A. Fritz, P.S.M.
Jose G. Hernandez, P.S.M.
Michael J. Alley. P.S.M.
October 23,2014
Mr. Roberto Rodriguez
City of lVliami Beach
Capital Improvement Projects Office
l70l Meridian Avenue, Suite 300
Miami Beach. Florida 33139
a
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(/t\,
t 4ttuciatts, {ine.
Land Surveyors - Engineers - Land Planners
3240 Corporate Way. Miramar, Florida 33025
Phone: (954) 435-7010. Fax: (954) 438-3288
Re.'Venelistr Island Neighborhood l3 BID Pockagc "C" - Adtlitional Services, Droinnge Redesign
Pursuant to Updated Ciry* Crilerio
Dear Roberto,
Pursuant to our meeting on October 10, 2014 additional serv'ices rvill be required to redesign the drainage
system of the referenced project to conform to the latest requirements of the City of Miarni Beach's
Public Works Department. It is our understanding that the impacts to the design criteria include:
- Reducin-e the pump capacities to protect roadway crowns for a 5 Year, 2zl Hours, 7.5 inch Type
SCS-Ill storm event utilizing a peaking factor of 150.
- Redesi-un the pump system so that one pump is capable of protecting roadrva.v- crowns for a 5
Year, 24 Hours. 7.5 inch Type SCS-Ill storm event utilizing a peaking factor of 150. The design
shall include a secondary purnp for backup and for alternating usage. The Cir.v" anticipates that
the pump capaciry shall be approximately 2 inches per hour.
- Eliminate pump station control valves preventin-u backflorv into the pump lvet u,ells from
Biscayne Bay. In lieu of the valves, the design shallraise pressure pipes to a minimurn invert
elevation of 5.0 feet Miami Beach Bay Datum. In consideration of this, the Ciry recommends and
acknorvledges that the top of the dissipater structure rvill be elevated to an approximate elevation
of l0 feet Bay Datum, or approximately 5 feet above existin-s ground.
- Revise the collection s]-stem to provide a positive slope torvard the pump stations.
SCOPE OF SERWCES:
L Engineering Services
A. Revise the draina-re collection svstem upstream of the Pump Stations pursuant to
markups provided b1' the Ciq' of N{iami Beach Public Works Department.
B. Revise the stormrvater rnanagement calculations ptrsuant to comments provided b1' the
Public Works Deparlment. The conrments provided are based on nerver Citl'criteria that
rvillrequire reanalysis of the pump design including the electricaland structural
components of the control panel. Re-nrodelin-e of the stonnrvater milnagement system
utilizing ICPR Version 3.1.
C. Revise the pump station plans and outfall schematics pursuant to the nerver criteria
mentioned above.
D. Prepare an Engineer's Opinion of Cost.
E. Update pump and control panel specifications.
S&*tt fir- Sfiufiin E o$tociatet Onc.
t:\klis',pr()pr)sitlsirohcrto rodriquez - nrianti bcach,rohcrto rodrigucz - \!'nctirr islar:ds additional scrriccs drainngc.tloc
Alfonso C. Tello. P.E., P.S.M
Hernando J. Navas. P.E.
Luis F. Leon, P.E.
Alberto A. Mora. P.E.
^g)hn
C. Tello, P.E.
175
IVIr. Robe(o Rodriguez
October 23,2014
Page 2 of3
F. Process minor permits modifications through the Miami Dade Countl' Department of
Re-sulatory and Economic Resources (RER) and the South Florida Water Management
District (SFWMD).
G. Attend up to two meetings rvith RER and the SFWMD.
H. Attend up to 4 meetings rvith the City of Miami Beach Public Works Department and the
Capital Improvement Projects offi ce.
Our fee for this rvork rvill be Seventv Five Thousand Dollnrs (575,000.00).
We anticipate reimbursable expenses rvill not exceed One Thousond Five Hundred Dollars
($1,500.00) to provide copies of plans, calculations and other exhibits to process the plans for
permitting.
CLOS,]UBE:
Lumn Sum Fee - Lurnp Sum Fees are fixed for a period of three months from the date of this
proposal. If the rvork has not been initiated on any lump sum item rvithin the three month period.
Consultant reserves the right to terminate or renegotiate this agreement as it relates to said item.
All Lump Sum fees are based upon services being performed during regular business hours. Any
serv'ices requested by the client to be performed outside of regular business hours will carry a
surcharge of 0.50 times the hourly rate of the employee(s) performing said service.
Invoicins and Pavment - Work rvill be invoiced monthly based upon a proration of work
completed to date, r,vith payment expected upon receipt of the invoice by the client. If payment
is not received rvithin 30 days of the invoice date, a late charge may be added to the invoice in an
amount not to exceed 1% per month on the outstanding balance.
If payment is not received rvithin 45 days of the invoice date, Schwebke-Shiskin & Associates.
Inc., may suspend or terminate this agreement until payments have been made in full. If
Schlvebke-Shiskin & Associates, Inc., commences legal proceedings to collect any monies due
under this agreement, then the Client agrees to pay any costs or attorneys fees incurred by
Schwebke-Shiskin & Associates, Inc., in connection r,vith such legal proceedings, including such
as are incuned in any appellate proceedings.
Renroduction and Outside Sen'ice Fees - Unless otherrvise specified, the above sen'ice fees do
not include the cost of printing. postage, copies, long distance phone calls, facsimiles or
reproductions, nor do they include the cost for outside services by others. These fees are
separate charges and will be invoiced to you as direct charges, plus a l0% carrying charge for
outside services.
Deliveries & Snecial Handline - Federal Express handling and special orders rvill be invoiced
to the Client as direct charges. plus a l0% carrying char_ee. Hand deliveries requested by the
Client and performed by Schrvebke-Shiskin & Associates, Inc., rvill be invoiced at a rate of S25
per hour.
Limitations of Construction Responsibilities of Schrvebke-Shiskin & Associ:rtes. Inc.
The Olvner/Developer and Schrvebke-Shiskin & Associates. Inc. agree that:
3"4*"ELr-3frirfru E o$u.ociater, Onc.
t:\luis\proposals\robcrto rodriguez - ntianti bcach\robcrto rodrigucz - vcnctian islands additional scrvices drainage.doc
176
Mr. Roberto Rodriguez
October 23,?014
Page 3 of3
l) Schwebke-Shiskin & Associates, Inc. sole responsibilities to the OwnerlDeveloper are set
fbrth in the SCOPE OF SERVICE section of this agreement and the SCOPE OF
SERVICE section may not be modified except in writing and signed by an authorized
representative of Schlvebke-Shiskin & Associates, Inc.
Proiect Termination - Should at any time during the project the Client find it necessary to
discontinue the services described above, or if the parties mutually decide to terminate this
agreement, the Client will compensate Schwebke-Shiskin & Associates, Inc., on an hourly basis
for the percentage of work completed plus reimbursable expenses.
I would like to thank you for giving us the opportunity to offer you this proposal. lf this proposal
is acceptable to you, please execute the original and retum it to our office, so \4'e can proceed
rvith the work.
Respectfully submitted,
3 J* rX E
"- 3 k*Eu €t otf tn aatzn, 0 *.
lli!d.-&1.-I Luis F. LEon, P.E.
Project Mana_eer
Accepted For: City of Nliami Beach
Accepted By:
(Signature;(Title)
(Print Name)(Dare)
3 "fr*.0 At- Skoilu, E o( rto oiale5 0 nc.
t:\luis\proposals\robcrkr rodrigucz - nrianri bcuch\robcrto rodrigucz - r'cnctian islands additir>nal serviccs drainagc.doc
177
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178
RESOLUTION TO BE SUBMITTED
179
C7 - Resolutions
C7C A Resolution Encouraging The Registration Of Automated External Defibrillators (AED's)
With The Fire Department Of The City Of Miami Beach.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: City Attorney's Office)
(Memorandum to be Submitted in Supplemental)
Asenda ltem C7I
Date //-/?-/q180
THIS PAGE INTENTIONALLY LEFT BLANK
181
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving And
Authorizing The Execution Of A Consent Agreement With Miami-Dade County's Department Of Regulatory And
Economic Resources, Division Of Environmental Resources Management To Postpone The Remediation Of An
Existing Hydrocarbon Discharge At The Fleet Maintenance Facility Located ln The Vicinity Of 140 MacArthur
For Thirty Months.
Build and Maintain Priority lnfrastructure with Full Accountability
Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Environmental Scan, the Fleet Maintenance
Facility buildings received a Facility Condition lndex Ratinq above 0.15
Item Summary/Recommendation :
On October 5, 1992, Miami-Dade County's Department of Regulatory and Economic Resources (RER)
discovered free-floating product, characterized as synthetic oil, in an on-site monitoring well (MW-8) atthe
City's Fleet Maintenance Facility (Attachment A). ln a Contamination Assessment Report dated January
14, 1993, the City indicated that the discharge was associated with the on-site hydraulic lift pumps, detailed
the results of the Non-Aqueous Phase Liquids (NAPL) analysis collected from MW-8.
On October 30, 2013, City staff met with the Environmental Code Enforcement Section of RER to discuss
the next steps for achieving regulatory closure of this facility. RER provided a proposed scope of work
which included visual and Organic Vapor Analysis (OVA) screening of four soil borings and testing of the
existing monitoring wells on-site. ln FY 2013114,the Cityfiled a Risk Management Damage Claim Form for
this property in order to use $25,000 of Risk Management funds to initiate the required investigation.
ln May 2014, soil and groundwater samples that were collected from the site confirmed the presence of
free product in MW-8 and of hydrocarbon derivatives in the surrounding soil. lt must be noted that
presence of the Fleet Management office building restricted the ability to collect samples to the north of
MW-8. Based on the results of the limited assessment, it is anticipated that the presence of free product is
localized in the immediate vicinity of MW-8, that it is residual in nature, and that it is not currently migrating
off-site. However, RER has required the City to continue the site assessment activities and pursue
regulatory closure of the site due to the property's prior compliance issues.
The City is considering redeveloping the site in the near future. lf the remediation work is incorporated into
the site's redevelopment rather than performed as a stand-alone project, the City can lower project costs,
reduce unnecessary site disturbance, and facilitate the assessment and removal of contaminated soils
near or under the existing building. Statf has requested a thirty month extension from RER to complete the
remediation activities either as part of a site redevelopment effort or a stand-alone project.
The County approved the City's request contingent upon the City approving and executing a consent
agreement (Attachment B). The consent agreement includes progressive milestones, including the
development and implementation of an interim groundwater monitoring plan. These activities will be
conducted usinq the iect budqet funded throuqh the Risk Ma nt Division.
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
T:\AGENDAUo'14\November\Fleet Consant Agreement - Summary.doc
AGE,'IDA ITEIII c7DE MIAMIBEACH o^fE /l-/?4/182
b MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
TO:Mayor Philip Levine and Members of ission
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOFiIAND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE EXECUTION OF A CONSENT
AGREEMENT WITH MIAMI.DADE COUNTY'S DEPARTMENT
OF REGULATORY AND ECONOMIC RESOURCES, DIVISION
OF ENVIRONMENTAL RESOURCES MANAGEMENT TO
POSTPONE THE REMEDIATION OF AN EXISTING
HYDROCARBON DISCHARGE AT THE FLEET
MAINTENANCE FACILITY LOCATED IN THE VICINITY OF 140
MACARTHUR CAUSEWAY FOR APPROXIMATELY THIRry
MONTHS.
BACKGROUND
On October 5, 1992, Miami-Dade County's Department of Regulatory and Economic
Resources (RER) discovered free-floating product, characterized as synthetic oil, in an
on-site monitoring well (MW-8) at the City's Fleet Maintenance Facility (Attachment A).
ln a Contamination Assessment Report dated January 14, 1993, the City indicated that
the discharge was associated with the on-site hydraulic lift pumps, detailed the results of
the Non-Aqueous Phase Liquids (NAPL) analysis collected from MW-8.
On January 23, 2012, RER requested that the Florida Department of Environmental
Protection (FDEP) consider the site's eligibility in the Petroleum Cleanup Participation
Program for the October 5, 1992 discharge. However, in a letter dated January 27,2012,
FDEP stated that the discharge was not eligible because hydraulic lift pumps are not
considered petroleum storage systems. Therefore, FDEP requested that the City submit
a Site Assessment Report Addendum.
On October 30,2013, City staff met with the Environmental Code Enforcement Section
of RER to discuss the next steps for achieving regulatory closure of this facility. RER
provided a proposed scope of work which included visual and Organic Vapor Analysis
(OVA) screening of four soil borings and testing of the existing monitoring wells on-site.
ln FY 2013114, the City filed a Risk Management Damage Claim Form for this property
in order to use $25,000 of Risk Management funds to initiate the required investigation.
ln May 2014, soil and groundwater samples that were collected from the site confirmed
the presence of free product in MW-8 and of hydrocarbon derivatives in the surrounding
soil. lt must be noted that presence of the Fleet Management office building restricted
the ability to collect samples to the north of MW-8. Based on the results of the limited
assessment, it is anticipated that the presence of free product is localized in the
City
183
Fleet Maintenance Consent Agreement Memo
November 19, 2014
Page 2 of 2
immediate vicinity of MW-8, that it is residual in nature, and that it is not currently
migrating off-site. However, RER has required the City to continue the site assessment
activities and pursue regulatory closure of the site due to the property's prior compliance
issues.
ANALYSIS
The City is considering redeveloping the site in the near future. lf the remediation work is
incorporated into the site's redevelopment rather than performed as a stand-alone
project, the City can lower project costs, reduce unnecessary site disturbance, and
facilitate the assessment and removal of contaminated soils near or under the existing
building. Staff has requested a thirty month extension from RER to complete the
remediation activities either as part of a site redevelopment effort or a stand-alone
project.
The County approved the City's request contingent upon the City approving and
executing a consent agreement (Attachment B). The consent agreement includes
progressive milestones, including the development and implementation of an interim
groundwater monitoring plan. These activities will be conducted using the remaining
project budget funded through the Risk Management Division.
CONCLUSION
The Administration recommends authorizing and approving the execution of the consent
agreement with Miami-Dade County.
Attachments:
A: Monitoring Well Location Map
[t t'
"ont"lg"ement
MF/ETC/JC/ESWIUrW
184
ATTACHMENT A
E Sciences. lncorporated
FL Engineering Lic #8691' 111 NE 1st Slreet Slie C06
Sc iences hT: JJ :H:.T:::,
Phone 305 495 4593
Fax 305 397 1556
Assessment Report Addendu
Miami Beach FIeet Management
Section 4, Township 54S, Range 42E
140 MacArthur Causeway
Miami Beach, Miami-Dade County, FL
2010 Aerial Photograph
185
ATTACHMENT B
MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY
AND ECONOMIC RESOURCES, DIVISION OF ENVIRONMENTAL
RESOURCES MANAGEMENT
Complainant,
Vs.
CONSENT AGREEMENT
City of Miami Beach
Respondent
This Agreement entered into by and between the MIAMI-DADE COUNTY DEPARTMENT OF REGULATORY AND ECONOMTC
RESOURCES, DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT (hereinafter referred to as "DERM"), and the
City of Miami Beach (hereinafter referred to as "Respondent") pursuant to Section 2a-7(5)(c), Miami-Dade County Environmental
Protection Ordinance, shall serve to redress violations of Chapter 24 of the Code of Miami-Dade County, Florida (hereinafter "the
Code") at the site located at the City of Miami Beach, Fleet Maintenance facility located in the vicinity of 140 MacArthur
Causeway, Miami Beach, Miami-Dade County, Florida (hereinafter the "subject Property"); (UT-2689/File-3527lDEP # 13-
9201879).
DERM finds and Respondent admits the following:
FINDINGS OF FACT
DERM is an agency of Miami-Dade County, a political subdivision of the State of Florida which is empowered to
control and prohibit pollution and protect the environment within Miami-Dade County pursuant to Article Vlll, Section
6 of the Florida Constitution, the Miami-Dade County Home Rule Charter and Section 403.182 of the Florida
Statutes (F.S.).
DERM's investigations at the subject facility have revealed hydrocarbons discharged to the ground and/or
groundwater of Miami-Dade County in violation of Chapter 24 of lhe Code of Miami-Dade County, Florida and
therefore, a Site Assessment Report (SAR) Addendum prepared in accordance with Chapter 62-780, Florida
Administrative Code (FAC) is required. On April 19, 2010, DERM issued a Limited Closure Summary Report
Addendum (LCSRA) approval letter and required submittal of additional assessment information to address the
documented onsite contamination. The required additional information has not been submitted to the Department.
Respondent is seeking to delay the pending on-site contamination remediation for approximately thirty (30) months
from the effective date of this Agreement in order to include the required remedial activities in a planned site
redevelopment proj ect.
Respondent hereby consents to the terms of this Agreement without either admitting or denying the allegations
made by DERM.
ln an effort to insure continued protection of the health and safety of the public and the environment of Miami-Dade
County and to insure compliance with Chapter 24 of the Code of Miami-Dade County, Florida and to avoid time-
consuming and costly litigation, the parties hereto agree to the following and it is hereby ORDERED:
2.
5.
186
6.
SUBMITTAL AND REPORTING REQUIREMENTS
Within thirty (30) days of the effective date of this Agreement Respondent shall submit to DERM an interim ground
water monitoring plan as required in the DERM letter to the City of Miami Beach dated July 7,2014. The
groundwater monitoring plan shall provide for groundwater sampling to determine whether the contaminant plume is
migrating towards off-site. Respondent shall implement said plan in accordance with DERM approval and provide to
DERM groundwater monitoring reports within the time periods specified by DERM. lf DERM requires submittal of
additional information, Respondent shall submit the required additional information within the specified timeframes.
Additional sampling events and interim remedial activities may be required based on the results of the interim
groundwater monitoring. lf upon review of Respondent's groundwater monitoring reports, DERM requires submittal
of additional information or a proposed plan of action if data indicates migration of the contaminant plume off-site,
Respondent shall submit the required information within the timeframes specified by DERM.
Within ninety (90) days of the effective date of this Agreement and on a quarterly basis thereafter, Respondent shall
submit a Status Report to DERM which shall include details of completed activities and an update on the status of
remaining activities regarding property development and contamination assessment and remediation at the subject
site.
Within thirty (30) months of the effective date of this Agreement, Respondent shall submit to DERM two (2) copies of
an Addendum to the Site Assessment Report (SAR). Respondent shall implement the SAR in accordance with the
DERM approval. lf DERM requires submittal of additional information, Respondent shall submit the required
additional information within the specified timeframes, including information regarding any required contamination
remedial activities.
Respondent's failure to submit the required additional information within DERM specified timeframes may result in
additional enforcement action by the Department.
Respondent shall provide DERM at least three (3) working days notice prior to any assessment, sampling or
remedial activities conducted at the facility in order to allow DERM representatives to be present while evaluation
and remediation activities are performed.
SAFETY PRECAUTION
Respondent shall maintain the subject site, during the pendency of this Agreement, in a manner which shall not
pose a hazard or threat to the public at large or the environment and shall not c€ruse a nuisance or sanitary nuisance
as set forth in Chapter 24 of the Code of Miami-Dade County, Florida.
SETTLEMENT COSTS
The Respondent hereby certifies that it has the financial ability to comply with the terms and conditions set forth
herein and to comply with the payments specified in this Agreement.
The Respondent shall, within thirty (30) days of the effective date of this Agreement, submit to DERM $3,645.00 in a
certified check, made payable to Miami-Dade County, which shall serve to reimburse DERM for its administrative
costs incurred in bringing this facility into compliance and the administration and follow-up required pursuant to this
Agreement. The Check shall be made payable to Miami-Dade County and sent to DERM, c/o Sharon Crabtree, 701
NW 1"t Court,6th Floor, Miami-Dade County, Florida 33136.
7.
8.
10.
11.
12.
13.
14.
187
15.
16.
17.
18.
ln the event Respondent fails to submit, implement, complete, continue or otherwise comply with those items listed
in paragraph 6,7,8 and 9, herein, the Respondent may be subject to further enforcement action for such failure
pursuant to the provisions set forth in Chapter 24 of the Code of Miami-Dade County, Florida.
GENERAL CONDITIONS
This Agreement constitutes a lawful order of the Director of the Division of Environmental Resources Management,
Department of Regulatory and Economic Resources and is enforceable in a civil or criminal court of competent
jurisdiction. Violation of any requirement of this Agreement may result in enforcement action by DERM. Each
violation of any of the terms and conditions of this Agreement by the Respondent shall constitute a separate offense.
Respondent shall allow authorized representatives of DERM access to the property at reasonable times for
purposes of determining compliance with this Consent Agreement and the rules and regulations set forth in Chapter
24, Miami-Dade County Environmental Protection Ord inance.
The DERM expressly reserves the right to initiate appropriate legal action to prevent or prohibit the future violation of
applicable statutes or the rules promulgated thereunder.
Entry into this Consent Agreement does not relieve Respondent of the responsibility to comply with applicable
federal, state or local law, regulations and ordinances.
Where timetables or conditions cannot be met by Respondent due to circumstances beyond Respondent's control,
Respondent shall provide written documentation to DERM, which shall substantiate that the cause(s) for the delay or
non-compliance was not reasonably within the control of the Respondent. A determination of the reasonableness of
the delay shall be made by DERM for the purpose of continued enforcement pursuant to paragraphs 15 and 16 of
this Agreement.
This Agreement shall neither be evidence of a prior violation of this Chapter nor shall it be deemed to impose any
limitation upon any investigation or action by DERM in the enforcement of Chapter 24, Miami-Dade County
Environmental Protection Ordinance.
ln consideration of the complete and timely performance by the Respondent of the obligations contained in this
Agreement, DERM waives its right to seek judicial imposition of damages or criminal or civil penalties for the matters
alleged in this Agreement.
This Agreement shall become effective upon the date of execution by the Director of the Division of Environmental
Resources Management, or his designee.
19.
20.
21.
22.
23
188
Date
Before me, the undersigned authority, personally appeared
deposes and says that he had read the foregoing.
(v
City of Miami Beach
who after being duly sworn,
Subscribedandsworntobeforemethis-dayof-'2014-by
(Name of affiant)
Personally Known _ or Produced ldentification
(Check One)
Type of ldentification Produced:
APFRCVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Notary Public
DO NOT WRITE BELOW THIS LINE OFFICE USE ONLY
Date Lee N. Hefty, Director
Division of Environmental Resources Management
Department of Regulatory and Economic Resources
WitnessWitness
189
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
EXECUTION OF A CONSENT AGREEMENT WITH MIAMI.DADE COUNTY'S
DEPARTMENT OF REGULATORY AND ECONOMIC RESOURGES,
DIVISION OF ENVIRONMENTAL RESOURCES MANAGEMENT TO
POSTPONE THE REMEDIATION OF AN EXISTING HYDROCARBON
DISCHARGE AT THE FLEET MAINTENANCE FACILITY LOCATED IN THE
UCINIry OF MO MACARTHUR CAUSEWAY FOR APPROXIMATELY
THIRTY MONTHS.
WHEREAS, on October 5, 1992, Miami-Dade County's Department of Regulatory and
Economic Resources (RER) discovered free-floating product, characterized as synthetic oil,
associated with a discharge of the hydraulic lift pumps at the City's Fleet Maintenance Facility;
and
WHEREAS, the Florida Department of Environmental Protection (FDEP) has deemed
that the discharge is not eligible for clean-up as part of the State's Petroleum Cleanup
Participation Program (PCPP); and
WHEREAS, in 2012 the FDEP determined that the site is not eligible for the PCPP; and
WHEREAS, the City's most recent assessment of the discharge confirmed the localized
presence of residual free product in the groundwater and of hydrocarbon derivatives in the soil
at the Fleet Maintenance Facility that are not currently migrating off-site; and
WHEREAS, based on these results, RER is requiring the City to continue site
assessment activities and pursue regulatory closure of the site; and
WHEREAS, the City is currently considering a redevelopment project for the property;
and
WHEREAS, combining the remediation work with the redevelopment activities would
lower the remediation project costs, reduce unnecessary site disturbance, and facilitate access
to contaminated soils near or under existing structures on-site; and
WHEREAS, RER has agreed to grant the City a thirty month extension to complete the
remediation activities either as part of the site's redevelopment or a stand-alone project
contingent upon the execution of a consent agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the execution of a consent agreement with Miami-
Dade County's Department of Regulatory and Economic Resources, Division of Environmental
Resources Management to postpone the remediation of an existing hydrocarbon discharge at
the Fleet Maintenance Facility located in the vicinity of 140 MacArthur Causeway for
approximately thirty months.
190
PASSED and ADOPTED this _day of
ATTEST:
RALPH GRANADO, CITY CLERK
PHILIP LEVINE, MAYOR
2014.
M tt(r z-(r4-
fuCitv Attorney
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
Date
T:\AG EN DA\20 1 4\Novem ber\Fleet Consent Ag reement - R ESO. doc
191
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Approving and Authorizing the Mayor and City Clerk to Execute the Baywalk Authorization
with Lincoln Bav Towers Association.
a
a
a
Build and Maintain Priority lnfrastructure with Full Accountability
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
ltem Summary/Recommendation :
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous pathway running
north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road. The Baywalk project is part of the larger
Atlantic Greenway Network which aims to promote the use of alternative transportation to reduce traffic
congestion and improve public access to Biscayne Bay. The City's Baywalk Master Plan (Attachment A)
illustrates portions of the walkway that have already been constructed, and those segments that will need to be
constructed over water to maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board approval, has
agreed to allow the City to design, permit and construct an over-water public baywalk section westward of the
subject property's seawall and pool deck. This agreement has since been drafted and has been signed by the
condominium association offlcers (Attachment B).
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the only method of
connection from the western street-end of Lincoln Road to the north side of the Mae Capri baywalk is to construct
an overwater baywalk adjacent to Lincoln Bay Tower Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by the property in
order to carry out the construction of the public baywalk segment in this area. ln addition, the City has agreed to
ensure complete and total responsibility for the construction, repair, and maintenance and operation of all
baywalk improvements necessary to maintain the structure in a safe and functional condition. The City will also
be responsible for obtaining all necessary local, state and federal permits as well as approvals that may be
required on occasion for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the
Baywalk Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern baywalk
segment.
Administration Recommendation - Adopt the Resotution.
Financial ! nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: This item requires no funds.
Elizabeth Wheaton x6121
AGEITTDA trEM C7 E
o^rE //-l?4qMIAMIBEACH192
g MIAMIBEACH
Jimmy L. Morales, City Manager
November 19,2014
Cify of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
From:
Date:
Subject:
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE BAYWALK
AUTHORIZATION AGREEMENT WITH LINCOLN BAY TOWERS
ASSOCIATION.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach is in the process of developing a Baywalk that will create a contiguous
pathway running north/south adjacent to the Biscayne Bay from 5 Street to Lincoln Road. The
Baywalk project is part of the larger Atlantic Greenway Network which aims to promote the use of
alternative transportation to reduce traffic congestion and improve public access to Biscayne Bay.
The City's Baywalk Master Plan (Attachment A) illustrates portions of the walkway that have
already been constructed, and those segments that will need to be constructed over water to
maintain continuity.
The Lincoln Bay Condominium located at 1450 Lincoln Road, as part of the Design Review Board
approval, has agreed to allow the City to design, permit and construct an over-water public
baywalk section westward of the subject property's seawall and pool deck. This agreement has
since been drafted and has been signed by the condominium association officers (Attachment B).
ANALYSIS
The existing rear pool deck extends over the seawall and projects into the bay. Consequently, the
only method of connection from the western street-end of Lincoln Road to the north side of the
Mae Capri baywalk is to construct an ovenruater baywalk adjacent to Lincoln Bay Tower
Condominium.
The agreement has been finalized for recordation and includes the release of riparian rights by
the property in order to carry out the construction of the public baywalk segment in this area. ln
addition, the City has agreed to ensure complete and total responsibility for the construction,
repair, and maintenance and operation of all baywalk improvements necessary to maintain the
structure in a safe and functional condition. The City will also be responsible for obtaining all
193
City Commission Memorandum
Lincoln Bay Towers Baywalk Authorization Agreement
November 19,2014
Page 2 of 2
necessary local, state and federal permits as well as approvals that may be required on occasion
for the purposes of constructing, repairing, or maintaining the baywalk. Execution of the Baywalk
Authorization Agreement with Lincoln Bay Towers Association will allow the City to construct the
baywalk and provide a vital link for the continuity of the streetend at Lincoln Road to the southern
baywalk segment.
CONGLUSION
The Administration recommends executing the Baywalk Authorization Agreement with Lincoln
Bay Towers Association.
JLM/JJ/ MF/ESWTYP
ATTACHMENTS:
A: BAYWALK MASTER PLAN
B: BAYWALK AUTHORIZATION AGREEMENT
T:\AGENDA\2014\November\Baywalk Authorization Agreement - Lincoln Bay Towers MEMO.doc
194
City of Miami Beach: Public Baywalk Master PIan
ATTACHMENT A
Legend 0 300 600-
-----------rFeet
Baywalk
Status
Existi ng/Under Construction
Potential Baywalk Overwater Solution
195
ATTACHMENT B
This instrument prepared by:
Gary M. Held, First Asst. City Attorney
'1700 Convention Center Drive
Miami Beach, FL 33139
/ (This space for Clerk)
BAYWALK AUTHORIZATION AG REEM ENT
This BAYWALK AUTHORIZATION AG MENT ("Agreement") is made as of the date
set forth below by and between fui "Granto/') and The
City of Miami Beach ("Grantee") for the following and purposes.
RECITALS:
Grantor is the owner in fee simple of that certain tract or parcel of real propertv lvinq and
being in Miami-Dade County^, Florida, known asL,,r,,4t,.1nu frue,cs t*sia.,it t'.i*{dh'or"
address is t4{o L;rro/^l /4^.t , t4ia^:&.L ft-
legal description attached as Exhibit "A" hereto and made a part hereof (the "Property").
in the
The Grantee desires to obtain, and Grantor has agreed to convey, certain easements
and/or riparian rights, to allow Grantee to obtain a sovereignty submerged lands lease or other
use authorization from the Board of Trustees of the lnternal lmprovement Trust Fund of the
State of Florida ("Board of Trustees") and construct, repair, maintain and operate an ovenrvater,
independent pile supported public walkway structure known as the "Baywalk" and associated
improvements ("Baywalk") upon sovereign submerged lands located immediately waterward
(west) of the Property.
NOW, THEREFORE, Grantor and Grantee hereby covenant and agree as follows:
1. Recitals: The recitals set forlh above are true and correct, and incorporated into this
Agreement.
2. Grant of Riparian Rights: Grantor hereby grants and conveys to Grantee, the following
riparian rights related to the Property:
a. Riparian rights for the purpose of allowing Grantee to construct, repair, maintain and
operate a public Baywalk located, or to be located, by Grantee on sovereignty
submerged lands pursuant to a Sovereign Submerged Land Lease or other use
authorization between Grantee and the Board of Trustees;
b. Grantor hereby reserves riparian rights for pedestrian ingress and egress across the
Baywalk to all existing or future constructed docks or piers waterward (west) of the
Baywalk, for purposes of access to and from the waters of Biscayne Bay, and for
fishing, swimming and other recreational uses, to the extent consistent with the rights
granted in paragraph 2.a. above. Grantor hereby reserves the right to provide a
,nar^rr$:k,,tnithkZ 'r
196
4.
BAYWALK AUTHORIZATION AG REEM ENT
Page 2 of 4
locked gate watenarard of the Baywalk to prevent public access to existing or future
authorized private docks or piers, or the Property.
3. Baywalk: Grantee shall have complete and total responsibility for the construction,
repair, maintenance and operation of all Baywalk improvements necessary to maintain
the structure in a safe and functional condition. Grantee shall be responsible for
obtaining, at Grantee's cost, all necessary local, state, and federal permits and
approvals that may be required from time to time for purposes of constructing, repairing,
and maintaining the Baywalk. Grantor, as fee simple owner of the Property, agrees as
necessary, to affirm to any permitting agency for the purpose of issuance of a required
permit authorization for Baywalk construction, and assist Grantee, at Grantee's cost, as
may be reasonably necessary, including but not limited to the execution of such forms as
required for such permits. Grantee shall be solely responsible and liable for complying
with any local, state, or federal permits, requirements, obligations and duties (if any),
related to the construction, repair, and maintenance of the Baywalk. Grantee agrees to
undertake reasonable efforts so that the Baywalk will be offset a minimum of twenty (20)
feet away from the Grantor's pool deck, subject to final determination of location by
environmental agencies with permitting jurisdiction over the Baywalk based upon
environmental conditions.
Maintenance, Repair and lmprovements: Grantee shall, at its sole cost and expense,
timely perform all maintenance, repair and replacement of the Baywalk and shall at all
times maintain the Baywalk in a safe condition. ln the event Grantor's seawall and/or
pool deck requires repair or maintenance necessitating access from the water side, the
Grantee, at its sole cost, and providing such work cannot othen,rise be reasonably
accomplished, agrees to remove one or more sections of the Baywalk, or necessary
portions thereof, so that the Grantor can have access to the seawall and/or pool deck for
such repairs or maintenance. At the conclusion of the repairs or maintenance, the
reconstruction of this section of the Baywalk shall be at the sole cost of the Grantee.
Govenants Running with the Land: The riparian rights and Baywalk authorization
conveyed herein shall be deemed to be covenants appurtenant to and running with the
ownership of the Property, or any portion thereof.
lndemnification and Hold Harmless: The Grantee will assume and defend all liability
of Grantor, with respect to the Baywalk, except for any liability arising in whole or in part
from the negligence or willful acts of the Grantor, its officers, owners, residents, guests
and employees. Nothing contained in this paragraph or elsewhere in this Agreement is
intended to be a waiver of the limitations on the Grantee's liability to third parties as set
forth in Section 768.28, Florida Statutes; however, the limitations under such statutory
provision shall not apply to the Grantee's contractual obligations to defend Grantor and
to cover, pay and/or reimburse any and all costs, expenses, liabilities, claims, actions,
causes of action, losses, demands and damages, including, without limitation,
reasonable attorneys' fees (including the cost of in-house counsel) and disbursements at
the trial level and all levels of appeal, relating to death of or injury to persons, or loss of
or damage to property, incurred by Grantor and occurring with respect to the Baywalk,
resulting from, arising out of, or incurred in connection with, use of the Baywalk by the
Grantee, except as excluded herein.
5.
6.
tnitiab)@
lnitialsr%_
197
BAYWALK AUTHORIZATION AGREEM ENT
Page 3 of 4
7. Assignment: This Agreement shall be binding
successors and assigns of the parties hereto.
lN WITNESS WHEREOF. Grantor and Grantee
as of this ea aay or AeiSl_. 2ota
upon, and inure to the benefit of the
L
SIGNED, SEALED AND DELIVERED Grantor:
ay, /)rt.a
The
by
Grantee: THE Clry OF MIAMI BEACH,
FLORIDA, a Florida municipal corporation
By.
have executed this Agreement effective
IN THE PRESENCE OF:
srArE orilar/& )
COUNTY OF
My Commission Expires:
Printed, typed or stamp
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF:
Name:
Name:
Attest:
By:
City Clerk
Approved as to form and language
and for execution:
me this{day of
on behalf company.
JENNITEF RAMIREZ
Notary Public - State o, Florida
My Comm. Expires Jul 25,2014
Commission # EE 2131
198
BAYWALK AUTHORIZATION AG REEMENT
Page 4 of 4
6-)P- 20/g
Dated
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of20_ by and
respectively, for the City of Miami Beach, Florida, on behalf of
City.
Signature of Notary Public
My Commission Expires;
Printed, typed or stamp
and
the
By:
F:\ATTO\HELG\Baywalks\Lincoln Bay ToweABAYWALK AUTHORIZATION AGREEMENT - 9-28-2012.doc
rnitiarsM*
tnitiats #
199
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE THE BAYWALK AUTHORIZATION
AGREEMENT WITH THE LINCOLN BAY TOWERS ASSOCIATION.
WHEREAS, the City is developing a series of bicycle/pedestrian/greenway projects
called the Atlantic Greenway Network; and
WHEREAS, the Atlantic Greenway Network is made up of two main trail systems: the
Coastal Corridors, which extend north/south adjacent to the Atlantic Ocean and adjacent to
Biscayne Bay; and the Neighborhood Trails, which extend in easVwest as well as north/south
directions through the South, Middle, and North Beach neighborhoods; and
WHEREAS, the administration and City Attorney's Office have diligently worked over the
past decade to create a Baywalk from the southern tip of Miami Beach, past 5th Street and to
Lincoln Road, to create a northbound/southbound multi-purpose public access corridor along
Biscayne Bay that will serve as a connection between businesses, residential areas, schools,
parks, and the bay; and
WHEREAS, Lincoln Bay Towers Association owns the property at 1450 Lincoln Road
and has riparian rights to the Bay adjacent to their property; and
WHEREAS, accordingly the administration, the City Attorney's Office, and Lincoln Bay
Towers have negotiated the attached agreement whereby Lincoln Bay Towers agrees to convey
riparian rights to the City to allow the City to construct, repair and maintain and operate an
ovenruater independent pile supported public walkway structure and associated improvements
upon sovereign submerged lands located immediately watenruard of the property; and
WHEREAS, the agreement creates the right, but not the obligation, for the City to
design, permit and construct an over-water public baywalk section westward of the subject
property's seawall and pool deck, in order to complete the Baywalk between Sth Street and
Lincoln Road.
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 the City of Miami Beach, Florida, approve and authorize the Mayor and City
Clerk to execute the Baywalk Authorization Agreement with the Lincoln Bay Towers
Association.
PASSED and ADOPTED this day of ,2014.
ATTEST:
CITY GLERK
APPROVED AS TO
MAYOR
Attorney Date
T:\AGENDAV014\November\Baywalk Authorization Agreement - Lincoln Bay Towers RESO.doc
200
THIS PAGE INTENTIONALLY LEFT BLANK
201
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolrtion Authorirng approving and adopting the amendments to the City's Local Housing Assistance Plan
(LHAP) for the State Housing lnitiatives Partnership (SHIP) Program for fiscal years 201312014, 201412015;
authorizing execution of any necessary certifications by the Mayor and the City Clerk; and further authorizing
submission of the amended LHAP to the Florida Housing Finance Corporation (FHFC) for its review and
Financia! !nformation:
Supporting Data (Surveys, Environmental Scan, etc.):
Item SummarY/Recommendation :
@sPartnershipprogram(SHlP),wasestablishedtostimulatetheproductionof
affordable housing statewide. Annually, FHFC allocates SHIP program funds among participating jurisdiclions on
a formula basis. SHIP program funds serve to increase access to affordable housing for income-eligible
participants whose income does not exceed 12Oo/o ol Area Median lncome (AMl). Entitlement communities
ieceiving SHIP funds are required to produce and file with a Local Housing Assistance Plan (LHAP) which
governJeach community's use of SHIP funds. A new LHAP must be filed every three years. The LHAP
ielineates the strategies that will be employed to increase the availability of affordable housing for income-eligible
residents within the jurisdiction.
At its September 17,2014 meeting, the City Commission approved the acquisition of five affordable housing
properties from Miami Beach Community Development Corporation (MBCDC) in order to secure the City assets
invested in these properties. These properties are: Allen Apartments, Barclay Apartrnents, Lottie Apartments,
Madeleine Village Apartments, and Neptune Apartments.
The Florida Housing Finance Corporation (FHFC) has already expressed its support for staffs recommendation
that the City's LHAP strategies be amended to provide for the acquisition and rehabilitation of affordable
properties Uy tne City. Attached are the proposed changes to the LHAP which, in addition to allowing the City to
use funds to acquire the Allen Apartments, also includes the mandated requirement to prioritize assistance to
households with persons with disabilities, updates the members of the Administration, and corrects scrivene/s
errors in the original document.
Administration Recommendation - Adopt the Resolution.
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary: This item requires no funds.
Maria Ruiz/ Housing & Community Services
-Offs:
Depaftment Director Assistntt City Manager C^ity Manager
MLR&l KGB IoflI+-,JLM/
c1 trAGENDA ITEiIMIAMIBEACHo^rE t Flq'lq202
g MIAMI BEACH
C:ty of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
A RESOLUTION OF THE MAYORIAND CITY COTUIMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, APPROVING AND ADOPTING THE
AMENDMENTS TO THE CITY OF MIAMI BEACH LOCAL HOUSING
ASSTSTANGE PLAN (LHAP) FOR THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2013t2014,
201412015, AND 201512016, AS REQUIRED BY THE STATE HOUSING
INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907 .
420.9079; AUTHORIZING EXECUTION OF ANY NECESSARY
CERTIFICATIONS BY THE inAYOR AND THE CITY GLERK; AND
FURTHER AUTHORTZING SUBMISSION OF THE AMENDED LHAP TO THE
FLORTDA HOUSING FINANCE CORPORATION (FHFC) FOR lrs REVIEW
AND APPROVAL.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The State Housing lnitiatives Partnership program (SHIP), administered through the Florida
Housing Finance Corporation (FHFC) was established in 1992 by the William E. Sadowski
Affordable Housing Act to stimulate the production of affordable housing statewide. SHIP
program funds are derived from documentary stamp levies on real estate transactions, and held
in the SHIP Program Trust Fund. Annually, FHFC allocates SHIP program funds among
participating jurisdictions on a formula basis. SHIP program funds serve to increase access to
affordable housing for income-eligible participants whose income does not exceed 120o/o of Area
Median lncome (AMl).
During the economic recession, the State's SHIP allocations declined with the reduction in
documentary stamp collections which was, in turn, a result of declining property sales
transactions. The City's SHIP annual allocation has fluctuated considerably for the past several
years with $574,211 in FY 200812009, the highest allocation, and no allocation in FY 2OOgl2O1O.
W1h funding provided to the State through the National Mortgage Settlement, the City was
allocated g121,31 1 for FY 201312014. The City's FY 2014115 allocation is $262,729.
To:
From:
Date:
Subject:
203
City Commission Memorandum
Local Housing Assistance Plan
November 19,2014
Page 2 of 3
Entitlement communities receiving SHIP funds are required to produce and file a Local Housing
Assistance Plan (LHAP) which governs each community's use of SHIP funds. A new LHAP must
be filed every three years. The LHAP delineates the strategies that will be employed to increase
the availabiliiy of affordable housing for income-eligible residents within the jurisdiction.
On April 17,2013, the City approved Resolution 2013-28178 adopting the LHAP for State fiscal
years 2013t2014 through 2015t2016' The current plan provides for the use of SHIP funds utilizing
the following assistance strategies:
A. Owner-occupied Housing Rehabilitation
B. Disaster Mitigation Recovery (Required by the State)
C. New Construction for Homeownership
D. Down PaymenUClosing Cost and Rehabilitation
E. Rental Housing DeveloPment
Additionally, the SHIP program guidelines impose some restrictions that require that the funds
must be allocated as follows:
o At least 75% of the overall funds must be used for construction, rehabilitation or
emergency repairs of affordable, eligible housing;
. At least 65% of the overall funds must be used for homeownership activities (homebuyer
activities or owner-occupied rehabilitation projects)
o At least 30% of the overall funds must be reserved for activities that benefit low-income
households; ando At least 30% of the overall funds must be reserved for activities that benefit very-low
income households.
The State imposed an additional restriction with its FY 2013114 funds requiring that at least 20%
of overallfunds be utilized to assist households with a disabled member.
During the LHAP's term, a jurisdiction may elect to use the funds for an eligible activity that is not
indudld in its approved strategies, but it must amend its strategies to include the new activity and
submit the amended LHAP to the State for approval.
ANALYSIS
At its September 17, 2014 meeting, the City Commission approved the acquisition of five
affordable housing properties from Miami Beach Community Development Corporation (MBCDC)
in order to secure the City assets invested in these properties. These properties are: Allen
Apartments, Barclay Apartments, Lottie Apartments, Madeleine Village Apartments, and Neptune
Apartments.
At its October 29, 2014 meeting, the Commission approved a resolution amending the City's
Neighborhood Stabilization Program 1 (NSP1) grant agreement to allocate these remaining grant
funds to cover acquisition costs and create operating reserves for the Lottie, Madeleine, and
Neptune Apartments.
The Allen Apartments has an outstanding mortgage secured by Great Florida Bank, a private
204
City Commission Memorandum
Local Housing Assistance Plan
November 19,2014
Page 3 of 3
lending institution. This loan will require repayment upon the City's acquisition of the property.
Funds in the amount of approximately $50,000 of SHIP funds will be utilized to assist with the
repayment of this loan, and additional SHIP funds will be utilized for needed repairs to the
property.
The Florida Housing Finance Corporation (FHFC) has already expressed its support for staffs
recommendation that the City's LHAP strategies be amended to provide for the acquisition and
rehabilitation of affordable properties by the City. Attached are the proposed changes to the
LHAP which, in addition to allowing the City to use funds to acquire the Allen Apartments, also
includes the mandated requirement to prioritize assistance to households with persons with
disabilities, updates the members of the Administration, and corrects scrivener's errors in the
original document.
CONCLUSION
The Administration recommends approval and adoption of the amendments to the City's Local
Housing Assistance Plan (LHAP) for the State Housing lnitiatives Partnership (SHIP) Program for
fiscal years 201312014,201412015, and 201512016, as required by the State Housing lnitiatives
Partnership Program Act, subsections 420.907 - 420.9079 authorizing execution of any
necessary certifications by the Mayor and the City Clerk; and submission of the amended LHAP
to the FHFC for its review and approval.
JLM/KGB/MLR/ARB
Attachment
T: \AGE N DA\20'l 4\November 1 9\LHAP Memo 1 1 I 1 I l2O 1 4
205
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE AMENDMENTS
TO THE CITY OF MIAMI BEAGH LOCAL HOUSING ASSISTANCE PLAN
(LHAP) FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM FOR FISCAL YEARS 201312014,201412015, AND 2015/2016, AS
REQUTRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
ACT, SUBSECTIONS 420.907 - 420.9079; AUTHORIZING EXECUTION OF ANY
NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND
FURTHER AUTHORIZING THE ADMISISTRATION TO SUBMIT THE AMENDED
LHAP TO THE FLORTDA HOUSTNG FTNANCE CORPORATION (FHFC) FOR lTS
REVIEW AND APPROVAL.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act,
Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on
deeds to local governments for the development and maintenance of affordable housing; and
WHEREAS, the State Housing lnitiatives Partnership (SHIP) Act, ss. 420.907-420.9079,
Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local
governments to develop a one to three-year Local Housing Assistance Plan (LHAP) outlining
how funds will be used; and
WHEREAS, on April 17, 2013, pursuant to Resolution No. 2013-28178, the Mayor and City
Commission approved and adopted the City's LHAP for Fiscal Years 201312014,201412015 and
201512016, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the
Florida Housing Finance Corporation (FHFC); and
WHEREAS, the City Commission provided the City Manager with the approval to pursue the
acquisition of five affordable housing properties currently owned by Miami Beach Community
Development Corporation at its September 17,2014; and
WHEREAS, the Allen Apartments, one of the properties identified for acquisition, has a
mortgage held by a private lending institution that will require payoff at time of acquisition; and
WHEREAS, SHIP funds can be utilized to partially repay the mortgage for the Allen
Apartments; and
WHEREAS, this eligible use of SHIP funds is not included as an approved strategy in the
City's current LHAP; and
WHEREAS, the above prescribed use of SHIP funds requires an amendment to the City's
current LHAP; and
WHEREAS, the Administration has prepared the necessary amendments to the aforesaid
LHAP.
206
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and adopt the amendments to the City's Local Housing Assistance Plan (LHAP) for the State
Housing lnitiatives Partnership (SHIP) Program for fiscal years 201312014, 201412015, and
201512016, as required by the State Housing lnitiatives Partnership Program Act, subsections
420.907 - 420.9079; authorize execution of any necessary certifications by the Mayor and the
City Clerk; and further authorize the Administration to submit of the amended LHAP to the
Florida Housing Finance Corporation (FHFC) for its review and approval.
Passed and adopted this day of 2014.
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
T:IAGENDA\20'14\November 1 9U-HAP Resolution 1 1-19-2014
207
-
EEIFT ffirA&Arffiffi&fiH
GITY OF MIAMI BEAGH 2013 LHAP FINAL
FISGAL YEARS GOVERED
201 31201 4, 2O1 4l2ol 5 and 201 51201 6
Prepared by:
City of Miami Beach
Office of Real Estate, Housing & Community Development
1700 Convention Center Drive
Miami Beach, Florida 33139
208
Table of Contents
Program Description
A. Name of Participating Local Government
B. Purpose of Program
C. Fiscal Years Covered bY LHAP
D. Governance
E. Local Housing PartnershiP
F. Leveraging
G. Public lnput
H. Advertising and Outreachl. Discrimination
J. Support Services and Counseling
K. Purchase Price Limits
L. tncome Limits, Rent Limits, and Affordability
M. Welfare Transition Program
N. Monitoring and First Right of Refusal
O. Administrative Budget
P. Program Administration
Q. Essential Service Personnel
R. lnitiatives for Green Building Design and Techniques
LHAP Housing Strategies
A. Housing Rehabilitation
B. Disaster Mitigation Recovery
C. New Construction
D. Down PaymenUClosing Cost and Rehabilitation
E. Rental Housing DeveloPment
LHAP lncentive Strategies
Exhibits
A. Administrative Budget
B. Timelines by Program Year
C. Housing Delivery Goals Chart by Program Year
D. Certification
E. Adopting Resolution
F. Program lnformation Sheet
SHIP Local H*;sing Assist*nc+ Plan ?014 - 201S {Revised * Novcn'ri:er 1S. 2014)
City *f Miami Beacl'r
3
I
15
16
-2-
209
t.PROGRAM DESCRIPTION:
A. Name of the Participating Local Government and lnterlocal (if Applicable):
CITY OF MIAMI BEACH
lnterlocal: Yes No
Purpose of the Program:
Creation of the Plan is for the purpose of meeting the housing needs of very
low, low, and moderate-income households; to expand production of and
preserve affordable housing; and to further the housing element'of the Miami
Beach Comprehensive Plan specific to affordable housing'
Fiscal years covered by the Plan:
201312014
201412015
201512016
Governance:
The SHIP Program is established in accordance with Section 420.907-9079,
Florida Statutes and Chapter 67-37 Florida Administrative Code. The SHIP
Program does further the housing element of the City of Miami Beach
Comprehensive Plan. Cities and Counties must at all times be in compliance
with these applicable statutes and rules.
Local Housing PaftnershiP:
SHIP Program encourages building active partnerships between government,
tenders, builders and developers, real estate professionals, advocates for low-
income persons and community groups.
The City of Miami Beach works closely with its designated Community Housing
Development Organization (CHDO) in its efforts to expand affordable housing
opportunities.
Leveraging:
The Plans are intended to increase the availabilityof affordable residential units
by combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing.
B.
c.
D.
E.
F.
$HlP Local Housing Assistarrce Flan 2014 - 2*16 {ftevis*d * Nr:ve'r':hcr 1S. ?$1'1J
City o,f lv{iami Btach -3-
210
The City of Miami Beach is an Entitlement Community which receives HOME
and CDBG funds from the U.S. Department of Housing and Urban
Devetopment (HUD) that will be used, in combination with other localfunds, to
leverage SHtP funds to increase affordable housing opportunities and reduce
the cost of housing in the CitY.
G. Public lnput:
Public input was solicited through face to face meetings with housing providers,
sociat service providers, local tenders and neighborhood associations through
pubtic meetings. Public input was solicited through the local newspaper in the
advertising of the Local Housing Assistance Plan and the Notice of Funding
Availability (NO FA)/Request for Applications (RFA), as appropriate.
H. Advertising and Outreach:
The City advertises the notice of funding availability for SHIP funds in a
newspaper of general circulation and periodicals serving ethnic and diverse
neighborhoods, at Ieast 30 days before the beginning of the application period.
lf no funding is available due to a waiting list, no notice of funding availability is
required.
l. Discrimination:
ln accordance with the provisions of ss.760.20-760.37, it is unlawful to
discriminate on the basis of race, creed, retigion, color, age, sex, marital status,
familial status, nationalorigin, or handicap in the award application process for
eligible housing.
J. Support Services and Counseling:
Support services are available from various sources. Available support services,,,.".,,I
lj#ffiseling
(pre and post)
Note: All sponsors receiving SHIP Program funds will be required to offer Home
Ownership Training to prospective homebuyers. Such training will assist and
prepare homebuyers for the acquisition and ownership of a home. Counseling
services will be provided on a group and individual basis covering the following
topics: the home buying process; finding money for a down-payment; dealing
w1h financial crisis; how to set up a budget; the importance of good credit;
dispute resolution; and how to maintain a home. Home Ownership Training
must meet the standards set by U.S. HUD.
$HlP Local H*using Assisiance ?lan 2.A14 * 2{}1* (Revis*c * Nr:venri:er 19, ?014i
City of Miami Seach -4-
211
L.
K. Purchase Price Limits:
Purchase Price Limits: The sates price or value of new or existing eligible
housing may not exceed 9Oo/o of the average area purchase price in the
statistical area in which the eligible housing is located. Such average area
purchase price may be that calculated for any 12-month period beginning not
earlier than the fourth catendar year prior to the year in which the award occurs.
The sales price of new and existing units can be lower, but may not exceed
gO% of the median area purchase price established by the U.S. Treasury
Department or any other independent study'
The methodology used is:
lndependent Study (copy attached)
U.S. Treasury DePadment
X_ Bond Study Numbers provided by Florida Housing Finance Corporation
The purchase price limit for new and existing homes: $391.153
lncome Limits, Rent Limits, and Affordability:
The lncome and Rent Limits used in the SHIP Program are updated annually
from the Department of Housing and Urban Development and distributed by
Florida Housing Finance Corporation. lncome eligibility will be defined as
follows: Very Low lncome (up to 50% AMI), Low lncome (up to 80% AMI), and
Moderate Income (up to 12O% AMI). Affordable, means that monthly rents or
mortgage payments including taxes and insurance do not exceed 30 percent of
that lmount which represents the percentage of the median annual gross
income for the households as indicated in Sections 420.9071 (19), (20) and
(28), F.S.
However it is not the intent to limit an individual household's ability to devote
more than 30% of its income for housing, and housing for which a household
devotes more than 30% of its income shall be deemed Affordable if the first
institutional mortgage lender is satisfied thatthe household can afford mortgage
payments in excess of the 30% benchmark and, in the case of rental housing,
does not exceed those rental limits adjusted for bedroom size.
Welfare Transition Program :
The C1y has developed a qualification system and selection criteria for
applications for awards to eligible sponsors, which includes a description that
demonstrates how eligible sponsors that employed personnelfrom the Welfare
Transition Program will be given preference in the selection process.
M.
$HlP Local H*using Assistance Plan ?014 * ;:*1$ {Rovi*ec} - Nr}verr:i:e r 10. 2014}
City of Miami Beach -5-
212
Monitoring and First Right of Refusal:
ln the case of rental housing, the staff or entity that has administrative authority
for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to the
extent another governmental entity provides the same monitoring and
determination, a municipality, county or local housing financing authority may
rely on such monitoring and determination of tenant eligibility. However, any
loan or grant, in the original amount of $3,000 or less shall not be subject to
these annual monitoring and determination of tenant eligibility requirements.
Tenant eligibility will be monitored at least annually for 15 years or the term of
assistance, whichever is longer.
Eligible sponsors that offer rental housing for sale before 15 years or that have
other remaining mortgages funded under the SHIP Program must give a first
right of refusal to eligible nonprofit organizations for purchase at the current
market value for continued occupancy by eligible persons.
Adm i nistrative Budget:
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an annual
basis for each State fiscal year submitted.
The City finds that the monies deposited in the local housing assistance trust
fund shall be used to administer and implement the Iocal housing assistance
plan. tn accordance with Chapter 67-37 , Florida Administrative Code, the cost of
administering the plan does not exceed 5 percent of the local housing
distribution monies and program income deposited into the trust fund.
The cost of administering the program may not exceed 10 percent of the !oca!
housing distribution ptus 5% of program income deposited into the trust fund,
except that small counties, as defined in s. 120.52(17), and eligible
municipalities receiving a local housing distribution of up to $350,000 may use
up to 10 percent of program income for administrative costs.
The City of Miami Beach has adopted the above findings in the attached
Resolution, Exhibit E.
P. Program Administration:
Administration of the Local Housing Assistance Plan is the responsibility of the
City of Miami Beach. The Office of Real Estate, Housing & Community
Development is the City department responsible for carrying out the strategies
under the SHIP Locat Housing Assistance Plan.
$HlF Local H*using Assisiirrce Plan 2$14 * 2*1{i {Revis+ei - Novcr-*rl:*r 1$.Z{slai
City of Mirrm! *each
_ 6 _
N.
o.
213
The City may use a sponsor to carry out program activities. ln order to identify a
sponsoi, the City will issue a Competitive Notice of Funding Availability (NOFA)
oi Request forApplications (RFA) to solicit administrative services from not-for-
profit and for-profit builders/developers to participate in the program. Through
ihis process, the City will ascertain the highest and best use of the funds in
accordance with the guidelines outlined in this Plan. Selection criteria will
include, but maY not be limited to:
(1) Experience in providing strong construction management practices, quality
workmanship, and quality materials
(2) Experience in performing all applicant selection and income certification
processes in accordance with local, state, and federal regulations
(3) Experience in government reporting compliance
(4) Total project cost
(5) Total number of units
(6) Leveraging
(7) Experience in providing homeowners with HUD-Certified Homeownership
Training/Counseling
(8) Preference witl be given to eligible sponsors that employ staff from the
Welfare Transition Program
The Office of Real Estate, Housing and Community Developmentwill review
a1 responses to the NOFA/RFA to ensure compliance with the outlined
requirements; as well as compliance with Florida Statutes and Administrative
Code, the SHIP Ordinance, Resolutions and this Plan. All eligible
applications will be submitted to the City's Loan Review Committee. The
Committee will review all applications in accordance with the criteria as
outlined in the NOFA/RFA.
O. Essentia! Service Personnel
ln accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-
37.005(8), F.A.C. and Section420.9075(3Xa) FS, "EssentiatService Personnel"
are defined as income-eligibte employees of Miami Beach businesses and
organizations in the following industries:
$HlP Local Hou*ing Assistsn*c Plan 2014 * 2016 {Revisec * N*ven'rber 1*.2414}
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a. Accommodations and Food Services (including arts, entertainment and
recreation);
b. RetailTrade;
c. Public Administration (including City of Miami Beach employees);
d. Health Care; and
e. Education (including public school district employees).
R. lnitiatives for Green Building Design and Techniques
ln accordance with Section 420.9075(3)(d) the City of Miami Beach is
committed to making the housing stock more energy efficient. Therefore the
City wilt require the use of the following features when economicallyfeasible
in the rehabilitation or constructing of homes:
a. Water conserving appliances and fixtures (toilets, showerheads, faucets)
b. Energy Star aPPliances
c. Efficient lighting on both interior and exterior
d. Upgrading of insulation materials (attics, walls, roofing)
e. Tankless water heaters
f. Air conditioning with higher SEER rating
$HlP Local Housing Assisiance ?lar,3*14 * 2*1$ {Reviseil * Nove*tb*r 1S}. ?01"i}
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215
It. LHAP HOUSING STRATEGIES:
Housing Rehabilitation:
a. Summary of the Strategy: Rehabilitation of single family, owner-
occupied housing.
The Program will provide rehabilitation assistance to very low, low, and
moderate-income owner-occupied singte family housing located within
the corporate limits of the City of Miami Beach. Up to fifty (50) percent of
the funds will be targeted to assist Program participants who are
Essential Service Personnel, as defined on Section I (Q) of this Plan. lf
the demand for assistance from this target population is not sufficient to
fully utilize these funds, the balance of the funds will be used to assist
participants who are not from the target group.
"Rehabilitation" will be defined as repairs or improvements that are
needed for safe or sanitary habitation, correction of substantial code
violations, or the creation of additional living space.
There are manv households with elderlv and/or disabled members that
are in need of accommodations bevond the reqular rehabilitation and
improvements activities. This includes. but is not limited to: qrab bars.
ramps. altered kitchens and bathrooms. accessible doors and switches.
etc. Such households will be qiven prioritv fundino until the Citv fulfills
the minimum SHIP Prooram requirements for assistance to this taroet
PoPulation.
Housing rehabilitated with SHIP funds must meet all applicable local
codes, rehabilitation standards and ordinances, including, but not limited
to, Florida Building Code, Miami-Dade County Building Code, and City of
Miami Beach Building Code. Additionally, all projects must comply with
all other applicable laws, rules and regulations.
b. Fiscal Years Covered: 201312014,201412015 and 201512016
c. tncome Categories to be served: Eligible persons/households that are
very Iow, low, or moderate income. See also Section I (L) of this Plan.
d. Maximum award:
$40,000
e. Terms, Recapture and Default Fifteen (15) year deferred, forgivable
SHIP Locai H*;.,rsing Assistanc* ?lan 2*14 - 2C1{i {Rcvistd * Novsm$er 1*, ?-t\14i
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_ 9 -
A.
216
loan, at zero percent (0%) interest. The loan will be forgiven at the end of
the term. Full balance due if property is sold, rented, refinanced or the
propertyfails to be the owner's primary residence during the fifteen year
term. Notwithstanding the previous restrictions, the owner shall be
altowed to refinance without being subject to the provisions set forth
therein, so tong as the amount of the refinancing does not exceed the
then outstanding balance of the first mortgage. Subordination will only
be approved if the refinancing will lower the current mortgage payment
and/or interest rate.
The City's interests will be secured through the execution of a
subordinate mortgage and note as well as a Restrictive Covenant
delineating the recapture period and terms.
Recipient Selection Criteria: All recipients of assistance must meet the
applicable eligibility requirements as stipulated in the Florida Statutes,
SHlp Rule, and this Plan. Applicants will be selected from a waiting list
on a first come, first readY basis.
Sponsor Selection Criteria: See Section I (P) of this Plan'
Additionat tnformation: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of
Miami Beach corPorate limits.
B.Disaster M itigation Recovery:
summary of the strategy: Emergency Assistance to eligible
households after the occurrence of a disaster declared by Executive
Order (President of the United States or Governor of the State of
Florida).
ln the event of a disaster, the City will commit available unencumbered
SHIP funds, as well as other disaster funds that may become available
through the Florida Housing Finance Corporation or any other
emergency funding Sources. Disaster funds may be used for, but not
limited to, the following:
1) Purchase of emergency supplies; weatherproofing a damaged home;
2) lnterim repairs to prevent further damage; tree and debris removal to
make the housing unit habitable;
3) payment of insurance deductibles for rehabilitation of homes covered
under homeowners' insurance policies; and
4) Other activities as proposed bythe Federal Government, counties and
g.
h.
$HlP Locai H*usin6 A.ssistrrnce Fian 2014 - 20JS {Rcvised * N*ven:h*r 1*' 2{}14i
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217
eligible municipalities and approved by Florida Housing Finance
Corporation.
b. Fiscal Years Covered: 201312014.201412015 and 201512016
c. lncome Categories to be served: Eligible persons/householdsthatare
very low, low, or moderate income. See also Section I (L) of this Plan.
d. Maximum award:
$40,000
e. Terms, Recapture and Default Fifteen (15) year deferred, forgivable
loan, at zero percent (0%) interest. The loan will be forgiven at the end
of the term. Balance due if property is sold, rented, refinanced or the
propertyfails to be the owneds primary residence during the fifteen year
term. Notwithstanding the previous restrictions, the owner shall be
allowed to refinance without being subject to the provisions set forth
therein so long as the amount of the refinancing does not exceed the
then outstanding balance of the first mortgage. Subordination will only
be approved if the refinancing will lower the current mortgage payment
and/or interest rate.
The City's interests will be secured through the execution of a
subordinate mortgage and note as well as a Restrictive Covenant
delineating the recapture period and terms.
f. Recipient Selection Criteria: All recipients of assistance must meetthe
applicable eligibility requirements as stipulated in the Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first come, first readY basis,
g. Sponsor Selection Griteria: See Section I (P) of this Plan.
h. Additionat tnformation: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of
Miami Beach corporate limits.
C. New Gonstruction:
a. Summary of the Strategy: To develop homeownership opportunities to
assist eligibte buyers to purchase affordable housing in Miami Beach.
Funds will be provided to developers to be used to finance the costs
associated with site development, and hard and soft construction costs.
b. Fiscal Years Covered: 201312014,201412015 and 201512016
SHIP Loral H*using Assist*nct ?l*r: 2r)14 - 201* {ft*viseel * Novenr[:e r 1 S' 2014]
City ol I'fiiami *tar:h
_ f _
218
d.
tncome Categories to be served: Eligible persons/householdsthatare
very low, low, or moderate income. See Section I (L) of this Plan.
Maximum award:
$40,000
Terms, Recapture and Default. Defened payment,zeto percent (0%)
interest, construction loanto the developer. No paymentswillbe required
during the construction phase. Once construction is completed and the
unit(s) is sold the SHIP subsidywill be passed on to the new homeowner
in the form of a fifteen (15) year deferred, forgivable loan, at zero percent
(0%) interest. The loan will be forgiven at the end of the term. Full
batance due if property is sold, rented, refinanced orthe propertyfails to
be the owner's primary residence during the fifteen year term.
Notwithstanding the previous restrictions, the owner shall be atlowed to
refinance without being subject to the provisions set forth therein so long
as the amount of the refinancing does not exceed the then outstanding
balance of the first mortgage. Subordination willonly be approved if the
refinancing will lowerthe current mortgage payment and/or interest rate.
The City's interests will be secured through the execution of a
subordinate mortgage and note as well as a Restrictive Covenant
delineating the recapture period and terms.
Recipient Setection Criteria: All recipients of assistance must meetthe
eligibility requirements as stipulated in the applicable Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first come, first readY basis.
Sponsor Selection Griteria: See Section | (P).
Additionat lnformation: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of
Miami Beach corPorate limits.
Down PaymenUClosing Costs and Rehabilitation:
a. summary of the strategy: Down payment, closing cost and
rehabilitation assista nce for the purchase of new or existing housing, and
the rehabilitation of those properties, for first-time homebuyers. A first-
time homebuyer is defined as a purchaserthat has not owned a home in
at least the last three Years.
b. Fiscat Years Covered: 201312014.201412015 and 201512016
g.
h.
D.
$HlP Local H*using lrsslstance Pian t014 - 2{i1$ (Revis*d * Novenrb*r lg. 201'41
City of h4iari Beach -12-
219
lncome Categories to be served: Eligible persons/householdsthat are
very low, low or moderate income. See Section I (L).
Maximum award:
$60,000 for Very Low and Low-lncome Persons and $40,000 for
Moderate lncome Persons
Terms, Recapture and Default: Fifteen (15) year deferred, forgivable
loan, at zero percent (0%) interest. The loan will be forgiven at the end
of the term. Futl balance due if property is sold, rented, refinanced orthe
property fails to be the owner's primary residence during the fifteen year
term. Notwithstanding the previous restrictions, the owner shall be
allowed to refinance without being subject to the provisions set forth
therein so long as the amount of the refinancing does not exceed the
then outstanding balance of the first mortgage. Subordination will only
be approved if the refinancing will lower the current mortgage payment
and/or interest rate.
Additionally, if the unit is sold prior to the e*inetien expiration of the
affordability period, part of the equity produced by the sale shall be
reimbursed to the City as follows: lf the unit is sold between the first and
the tenth year,507o..of the p.rofit shall be paid to the City; if the unit is
sold between the 1 t h and 1 Sth year, 25o/o of the profit shall be paid to the
City.
The City's interests will be secured through the execution of a
subordinate mortgage and note as well as a Restrictive Covenant
delineating the recapture period and terms.
Recipient Selection Griteria: All recipients of assistance must meetthe
eligibility requirements as stipulated in the applicable Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first come, first readY basis.
Sponsor Selection Criteria: See Section I (P) of this Plan'
Additional lnformation: Mobile homes and trailers are not eligible for
this strategy. Eligible housing must be located within the corporate limits
of the City of Miami Beach.
E. Rental Housing DeveloPment:
a. Summary of the Strategy: Funds will be provided to develepers{e$e
d.
e.
f.
g.
h.
sHlP Loca| Hcusing Assisi*nce Plan 2014 -2{}18 {Reviseci* Nr:verlber 1S. 2014}
City sl MiamiB*ach -13-
220
b.
G.
ien
inss- CitY of Miami Beach
departments and to for-profit and non-profit developers to be used to
finance the costs of acquisition and/or the hard and soft costs of
rehabilitating multi-family buildings.
Fiscat Years Covered: 201312014.201412015 and 201512016
tncome Categories to be served: Eligible persons/households that are
very low, low or moderate income. See Section I (L) of this Plan.
Maximum award:
$40,000
e. Terms, Recapture and Default A Thirty (30) year deferred payment
loan at 0% interest. Full balance of the SHIP subsidy will be due if the
property is sold or transferred, or the property fails to be used for
affordabte housing during the thirty year term. The City may impose a
reverter provision at the end of the term if it is found to be in the best
interest of City to maintain the affordable housing beyond the
affordability period, if the recipient decides to convert the rental
development to all market rate development. The reverter clause will not
be used if the recipient volunteers to keep a negotiated percentage of
the units affordable to very low, low and moderate-income households.
Additionally, if the building is sold
perieA+u+priorto the end of the affordability period, in addition to the full
repayment of the SHIP loan, part of the equity produced bythe sale shall
also be reimbursed to the City as follows:
o lf the property is sold within five (5) years of purchase, the City is
entitled to profits in the amount of the percentage of assistance
related to the cost of the project, multiplied by three (3).
. tf the property is sold within ten (10) years of purchase, the City is
entitled to profits in the amount of the percentage of assistance
related to the cost of the project, multiplied by two (2).
o lf the property is sold @ in the eleventh
purchase, the City is
entitled to profits in the amount of the percentage of assistance
related to the cost of the project, multiplied by one (1).
The City's interests will be secured through the execution of a mortgage
and note as well as a Restrictive Covenant delineating the affordability
d.
$H!P Local ll*usirrg Assistanct Pian ?CI14 *2A1* {ft*viseri- Nove*:b*:;'1S. ?$14}
City of Mirrmi *earf:-14-
221
g.
h.
period and terms.
Recipient Selection Criteria: All recipients of assistance must meet the
eligibility requirements as stipulated in the applicable Florida Statutes,
SHIP Rule, and this Plan.
Sponsor Selection Criteria: See Section I (P) of this Plan.
Additional lnformation: Assisted properties must be located within the
City of Miami Beach corporate limits.
ttl. LHAP INCENTIVE STRATEGIES
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3164(7) and (8) for affordable housing
projects are expedited to a grealer degree than other projects.
a. Established policv and orocedures: This incentive gives priority to
designated affordable housing projects when scheduling pre-design
conferences with relevant City agencies including, but not limited to: Fire,
Planning and Zoning, Building, Historic Preservation, and the Office of
Real Estate, Housing and Community Development. Also, when the
plans are ready for permitting, first priority is given; further, the City has
developed a form to identify the projects reviewed by the Office of Real
Estate, Housing & Community Development. The incentive was enacted
by administrative action on February, 1997.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations
and plan provisions that increase the cost of housing prior to their
adoption.
a. Established policv and procedures: Prior to the adoption of any
proposed policy, procedure, ordinance, development plan, regulation, or
Comprehensive Plan amendment that might impact housing, the City
evaluates its potentialeffect and cost on affordable housing through the
Director of the Office of Real Estate, Housing & Community
Development. The Office of Real Estate, Housing and Community
Devetopment may present proposed legislation to applicable City boards
$Hl13 Lccal Hausing Assis;tancr Plan 2014 *2td1* {Rerris*:* - hloverrrl:er 1L}. ?S14i
City of MiamiSeasl"i -15-
222
and committees for their review as they may impact housing. The
incentive was enacted by administrative action on February 1997.
-qHlP Locai Housing Assistance Plan ?014 - 2A1E {Revised - Novembcr 1*. 2.{}14}
City o{ L4iami *ea*h
- 16 _
223
ADMINISTRATIVE BUDGET
$HlP Local H*1:sing As,sistanc* Slan 2CI14 - 2A18 {Revis,*:ri - Nove',3:b*:" is. ?$1d)
City *{ Mi*rmi **aclt -17-
224
TIMELINE
SHIP Local Ho;sing Assistance trlan 2014 - 2A18 iRevisod - Novemb*r 1*. ?t)14)
City of Miami Bt**l"r -18-
225
Exhibit G
HOUSING DELIVERY GOALS
SHIP Locai H*using Assist;:nc* Flan2014 - 2C]'16 {Rcvised - Noven';$*;" 1t}' ?014}
City of Mixmi *eacf":-19-
226
CERTIFICATION PAGE
$HlP Local H**sing Assistance Plan ?014 -2}i:d {Re'riseci * November 1*.2*14}
City ol Minn:i *each
-20 -
227
$F1lF LocalHeiusing Assisi*nce Plan 2(}14 *?-A18 {Revised * l{r:vemtrer 1S. 2S14}
City o{ Miamiileacl"t
-21 -
228
Exhibit F
PROGRAM INFORMATION SHEET
SHIP Loca! |{ousing Assistance ?l*n2*14-?-A$ {Rer;is*cj* Novenrbcr 19.?*14i
City of Mi*rni Bea*l'r -22 -
229
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Amendment No. 2 (Amendment) To The Agreement Between
The City And Limousines Of South Florida, lnc., For Turn-Key Operations And Maintenance Services Of A
Municipal Trolley System For The City Of Miami Beach, Executed As Of May 8, 2014; Said Amendment
lncreasing The Scope Of The Agreement To lnclude The Provision Of Additional Shuttle Services During Events
Which lmpact Mobility ln The City, ln The Administration's Discretion; And lncreasing The Cost Of The Agreement
For Said Services. ln An Amount Not To Exceed An
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
Supporting Data (Surveys, Environmental Scan, etc.): As recently indicated in the 2014 City of Miami Beach
Community Satisfaction Final Report, 54% of the City of Miami Beach residents would be willing to use local bus
circulators.
Item Summarv/Recommendation :
On April 30,2O14, the CityCommission approved the award of lnvitation to Bid (lTB) No.2014-154-SRfor North
Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South Florida, lnc. (LSF).
Following the approval of the lTB, an Agreement between the City and LSF was executed on May 8, 2014. While
the ITB included a provision for optional additional routes at the City's sole discretion, the executed contract with
LSF did not include a provision for shuttle service during special events.
The City currently experiences fifteen (15) major special events during its high impact periods. During these
periods, the City experiences a high volume of visitors and high levels of street activity, resulting in reduced
mobility and parking shortages. ln addition, the City needs the flexibility to provide service for additional events on
as needed basis (e.9. Veteran's Day, Centennialcelebration activities, etc...)
The Administration considers that special events significantly impact mobility and thus, the City should consider
providing shuttle service during these periods to provide an alternative mode of transportation and reduce the
need for parking. The Administration, in its discretion, will include a contingency in the budget for each fiscal year
to provide funding for shuttle services for any special event(s), if it is determined that the service may improve
mobility during the same,Additionally, in coordination with Miami-Dade Transit and the Florida Department of
Transportation, the Administration is exploring alternatives that can ensure the efficiency of the shuttle service and
public transportation during major special events, such as the use of dedicated lanes/shoulder for transit vehicles
and traffic monitoring and management (currently being implemented during some major events).
ln the event that no City-branded spare trolleys are available to provide shuttle service during the selected major
special events, the City's current trolley operator, LSF, would use optional vehicles (such non-branded trolleys or
other transit vehicles at the City's discretion) with similar seating capacity.
While the ITB included a provision for optional additional routes at the City's sole discretion, the executed contract
with LSF did not include a provision for shuttle service during special events. Therefore, an Amendment to the
contract with LSF is required for these services. The Administration is working with LSF to ensure that the special
event service complies with all applicable federal, state and local requirements.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial lnformation:
Source oftrr@,FY 201 41 1 5: 1 06-96 1 5-000349 Transportation Fund
FY 201 41 1 5: 1 06-96 1 5-000349 Transportation Fund Subject to
Financial lmpact Summary: Future annual costs subject to annual budget appropriations
Advisory Board Recommendation:
I
T:\AGENDA\20
AGEIIIB* ITEitl c1 G
Department Director Assistant City{la nager Gity lU$nager
JRG \111,..,KGB IUIT JLM ,}I gL
1 and Maintenance )es
\i
tNozto I lrolley
(s A/{IAMIBTACH shrr- lHq-lv230
4 MrA&Armffichl
City ol Miomi Beoch, l7@ Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
TO:Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 2
(AMENDMENT) TO THE AGREEMENT BETWEEN THE CITY AND
LIMOUSINES OF SOUTH FLORIDA, INC., FOR TURN.KEY
OPERATIONS AND MAINTENANGE SERVICES OF A MUNICIPAL
TROLLEY SYSTEM FOR THE CITY OF MIAMI BEACH, EXECUTED AS
OF MAY 8, 2014; SAID AMENDMENT INCREASING THE SCOPE OF
THE AGREEMENT TO INCLUDE THE PROVISION OF ADDITIONAL
SHUTTLE SERVICES DURING EVENTS WHICH IMPACT MOBILITY IN
THE CITY, lN THE ADMINISTRATION'S DISGRETION; AND
INCREASING THE GOST OF THE AGREEMENT FOR SAID SERVICES,
IN AN AMOUNT NOT TO EXCEED $45,OOO ANNUALLY.
FISCAL IMPACT
Funding Source - Funding for operation and maintenance of shuttle service during special events
will be provided from Transportation Fund, subject to budget appropriation.
Gost -The cost to the City for the operation and maintenance of shuttle service during special
events shall not exceed a cumulative total of $45,000 per year, during the five (5) year initial term of
the contract.
BACKGROUND
On April 30,2014,the City Commission approved the award of lnvitation to Bid (lTB) No. 2014-154-
SR for North Beach Turnkey Trolley Operations and Maintenance Services to Limousines of South
Florida, lnc. (LSF). Following the approval of the lTB, an Agreement between the City and LSF was
executed on May 8,2014. While the ITB included a provision for optional additional routes at the
City's sole discretion, the executed contract with LSF did not include a provision for shuttle service
during specialevents.
The City currently experiences fifteen (15) major special events during its high impact periods,
during which both City sponsored and non-City sponsored events occurwithin the City boundaries.
The following is the list of City Commission approved high impact periods (as of January 10,2014):
1. Art Deco Weekend
2. Miami lnternational Boat Show
3. South Beach Wine and Food Festival
4. Spring Break
5. Winter Party WeeUSpring Break
6. Winter Music Conference/Spring Break
7. Ultra Music Festival
8. Gay Pride
L Memorial Day Weekend
COMMISSION MEMORANDUM
231
Commission Memorandum - Amendment No. 2 to Turnkey Trolley Operations and Maintenance Services Agreement
November 19,2014
Page 2 of 2
10. July 4th
1 1. Labor Day Weekend
12. Halloween
13. White Party
14. Att Basel Miami Beach
15. New Year's Eve
ln addition, the City needs the flexibility to provide service for additional events on as needed basis
(e.9. Veteran's Day, Centennial celebration activities, etc.).
ANALYSIS
During major special events, the City experiences a high volume of visitors and high levels of street
activity, resulting in reduced mobility and parking shortages.
The Administration considers that special events significantly impact mobility and, thus, the City
should consider providing shuttle service during these periods to provide an alternative mode of
transportation and reduce the need for parking. The Administration, in its discretion, will include a
contingency in the budget for each fiscal year to provide funding for shuttle services for any special
event(s), if it is determined that the service may improve mobility.
It is estimated that a 15 minute headway special event service will require approximately 64 hours of
service. Based on the ITB cost of $69.49 per service hour, one day of special event service is
estimated to cost approximately $4,500 depending on route length, etc. The proposed Amendment
of $45,000 provides services for approximately 10 days of special event service. There are sufficient
funds available in the Transportation Fund, subject to budget appropriation.
Additionally, in coordination with Miami-Dade Transit and the Florida Departmentof Transportation,
the Administration is exploring alternatives that can ensure the efficiency of the shuttle service and
public transportation during major special events, such as the use of dedicated lanesishoulder for
transit vehicles. Additionally, the Transportation Department currently deploys traffic monitoring and
management services during seven (7) major events to reduce congestion and improve traffic flow
throughout key ingress/egress routes.
ln the event that no City-branded spare trolleys are available to provide shuttle service during the
selected major special events, the City's current trolley operator, LSF, would use optional vehicles
(such non-branded trolleys or other transit vehicles at the City's discretion) with similar seating
capacity.
While the ITB included a provision for optional additional routes at the City's sole discretion, the
executed contract with LSF did not include a provision for shuttle service during special events.
Therefore, an Amendment to the contract with LSF is required for these services. The
Administration is working with LSF to ensure that the special event service complies with all
applicable federal, state and local requirements.
RECOMMENDATION
In an effort to improve mobility during high impact periods, the Administration recommends that the
Mayor and City Commission authorize the Mayor and City Clerk to execute Amendment No. 2
(Amendment) to the Agreement between the City and Limousines of South Florida, lnc., for Turn-
Key Operations and Maintenance Services of a Municipal Trolley System for the City Of Miami
Beach, executed as of May 8, 2014; said Amendment increasing the scope of the Agreement to
include the provision of additional shuttle services during events which impact mobility in the City, in
the Administration's discretion; and increasing the cost of the Agreement for said services, in an
not to exceed $45,000 annually.
1g\Amendment No2 to Turnkey Trolley Operations and Maintenance Services Agreement MEMO.doc
232
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE
AMENDMENT NO. 2 (AMENDMENT) TO THE AGREEMENT
BETWEEN THE CIry AND LIMOUSINES OF SOUTH FLORIDA,
INC., FOR TURN.KEY OPERATIONS AND MAINTENANCE
SERVICES OF A MUNICIPAL TROLLEY SYSTEM FOR THE CITY
OF MIAMI BEACH, EXECUTED AS OF MAY 8, 2014; SAID
AMENDMENT INCREASING THE SCOPE OF THE AGREEMENT TO
INCLUDE THE PROVISION OF ADDITIONAL SHUTTLE SERVICES
DURING EVENTS WHICH IMPACT MOBILITY IN THE CITY, IN THE
ADMINISTRATION'S DISCRETION; AND INCREASING THE COST
OF THE AGREEMENT FOR SAID SERVICES, IN AN AMOUNT NOT
TO EXCEED $45,OOO ANNUALLY.
WHEREAS, on April 30,2014, the City Commission approved the award of lnvitation
to Bid (lTB) No. 2014-154-SR for North Beach Turnkey Trolley Operations and Maintenance
Services to Limousines of South Florida lnc. (LSF); and
WHEREAS, following the approval of the lTB, the City and LSF executed an
agreement, dated as of May 8,2014, subsequently amended (Amendment No. 1), pursuant
to Resolution No. 2014-28708, which increased the scope of the agreement to acquire
optional equipment for the trolley vehicles (collectively the "Agreement"); and
WHEREAS, the ITB included a provision for optional additional routes at the City's
sole discretion; however, the Agreement with LSF does not include a provision for shuttle
services during events which impact mobility in the City; and
WHEREAS, the City currently experiences fifteen (15) major special events during its
high impact periods, and during these periods, the City experiences a high volume of visitors
and high levels of street activity, resulting in reduced mobility and parking shortages; and
WHEREAS, additionally, the City needs the flexibility to provide services for
additional events on as-needed basis (e.9. Veteran's Day, Centennial Celebration activities,
etc.); and
WHEREAS, providing trolley services during some of these events will provide an
alternate mode of transportation and therefore improve the mobility in the City during said
events; and
WHEREAS, the Administration is working with LSF to ensure that trolley services
during these events comply with the applicable laws; and
WHEREAS, the Administration, in its discretion, will included a contingency in the
budget for each fiscal year to provide funding for additional shuttle services for upcoming
events; and
WHEREAS, the Administration recommends that the City and LSF execute
Amendment No. 2 to the Agreement, increasing the scope of the Agreement to include
shuttle services during events which impact mobility in the City, and increasing the cost of
the Agreement for said services, in an amount not to exceed $45,000 annually.
233
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission hereby
approve and authorize the Mayor and City Clerk to execute Amendment No. 2 (Amendment)
to the Agreement between the City and Limousines of South Florida, lnc., for Turn-Key
Operations and Maintenance Services of a Municipal Trolley System for the City of Miami
Beach, executed as of May 8, 2014; said Amendment increasing the scope of the
Agreement to include the provision of additional shuttle services during events which impact
mobility in the City, in the Administration's discretion; and increasing the cost of the
Agreement for said services, in an amount not to exceed $45,000 annually.
PASSED AND ADOPTED this day of 2014.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\201 4\November\Transportation\Amendment
Agreement RESO.doc
No2 to Turnkey Trolley Operations and Maintenance Services
APPROVED AS TO
FORM & LANGUAGE
C "- r & FOR EXECUIIONeWL-ofY(
CityAtlorrey ,Qlf Dote
234
THIS PAGE INTENTIONALLY LEFT BLANK
235
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 GITY MANAGER PERTAINING TO THE RANKING OF
PROPOSALS, PURSUANT TO REQUEST FOR PROPOSAL (RFp) NO. 2014-302-SW FOR CLATMS
ADMINISTRATION SERVICES BY A THIRD PARry ADMINISTRATOR FOR WORKER'S
COMPENSATION AN D GENERAL LIABILITY.
Ensure that trends are sustainable over the lono term.
Su Data Environmental Scan, etc: N/A
Item Summary/Recommendation :
The City of Miami Beach is approved by the Florida Department of Labor and Employment Security/Division
of Worker's Compensation to self-insure for Worker's Compensation. The Division of Worker's
Compensation requires that the claims administration services be provided by a State Certified Worker's
Compensation Claims Administrator. Therefore, the City issued a Request for Proposals (RFP) to establish
an agreement with an experienced and qualified firm to provide services as a third party administrator for
worker's compensation and general liability.
On July 23,2014, the City Commission approved the issuance of the subject Request for Proposal (RFP).
On July 24, 2014, the RFP was issued with an opening date of September 12, 2014. A pre-proposal
conference to provide information to proposers submitting a response was held on August 12,2U4. fhe
City received three (3) proposals from the following: CorVel Enterprise Comp, lnc.; Johns Eastern Company,
lnc.; York Risk Services Group, lnc.
The Evaluation Committee appointed by the City Manager convened on October 30, 2014, to consider
proposals received. After proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers in accordance with the
evaluation criteria established in the RFP. The final ranking of proposals resulting from the evaluation
process is as follows:
1. CorVel Enterprise Comp, lnc.
2. Johns Eastern Company, lnc.
3. York Risk Services Group, lnc.
The City Manager has reviewed the proposals received, pursuant to RFP 2014-302-SW for Claims
Administration Services by a Third Party Administrator for Worker's Compensation and General Liability, and
the results of the Evaluation Committee process, and recommends that the Mayor and City Commission of
the City of Miami Beach, Florida, authorize the Administration to enter into negotiations with the top-ranked
firm, CorVel Enterprise Comp, lnc., and should the Administration not be successful in negotiating an
agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Johns
Eastern Company, lnc.; and should the Administration not be successful in negotiating an agreement with
the second-ranked proposer, authorizing negotiations with the third-ranked proposer, York Risk Services
Group, lnc.; and further authorizing the Mayor and City Clerk to execute agreements upon completion of
successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the resolution accepting the recommendation of the City Manager pertaining to the ranking of
proposals, pursuant to Request for Proposal (RFP) No. 2014-302-SW for Claims Administration Services by
a Third Party Administrator for Worker's ion and General Lia
Financial lnformation :
Source of
Funds:
Amount Account
1 $4,s00,000 540-1 792-000381 (Worker's Compensation Claims Payment)
ffDfl\*OEPI
2 $ 250,000 540-1 790-00031 2 (Professional Services)
Total $4,7s0,000
Financial lmoact Summarv:
Alex Denis. Extension 6641 and Tabak, Extension 5724
Glerk's Office slative T
4\November 1g\RFP 2014-302-SW Claims strations Services by a TPA for Workers
AGENDA
'TEM
C7 HE MIAMIBEACH o^rE //-/r-/c/236
g MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT:A RESOLUTION OF THE MAYOR AND Clw COMMISSION OF THE CITY OF
M!AM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
AUDIT COMMITTEE PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR PROPOSAL (RFP) NO. 2014-302-LR FOR
CLAIMS ADMINISTRATION SERVICES BY A THIRD PARTY ADMINISTRATOR
FOR WORKER'S COMPENSATION AND GENERAL LIABILITY
FUNDING
Account Codes:
540-1790-000312 - Professional Services Amount: $ 250,000
540-1792-000381 - Worker's Compensation Claims Payments Amount: $4,500,000
BACKGROUND
The City of Miami Beach is approved by the Florida Department of Labor and Employment
Security/Division of Worker's Compensation to self-insure for Worker's Compensation. The
State of Florida Division of Worker's Compensation requires that the claims administration
service be provided by a State Certified Worker's Compensation Claims Administrator.
Therefore, the City issued a Request for Proposals (RFP) to establish an agreement with an
experienced and qualified firm to provide services as a third party administrator for worker's
compensation and general liability.
RFP PROCESS
On July 23, 2014, the City Commission approved the issuance of the subject Request for
Proposal (RFP). On July 24,2014, the RFP was issued with an opening date of September
12, 2014. A pre-proposal conference to provide information to proposers submitting a
response was held on August 12,2014.
The City received three (3) proposals from the following:. CorVel Enterprise Comp, lnc.. Johns Eastern Company, lnc.o York Risk Services Group, lnc.
City Commission
237
Commission Memorandum - RFQ 2014-302-SW for Claims Administration Services by a Third Party Administrator for Worker's
Compensation and General LiabilityServices
November 19, 2014
Page 2
On September 9, 2014, the City Manager appointed via Letter to Commission (LTC) No. 311-
2014 an Evaluation Committee (the "Committee") consisting of the following individuals:. Sue Radig, Human Resources Administrator l, Human Resources Department, City of
Miami Beacho Dwayne Drury, Assistant Fire Chief, Fire Department, City of Miami Beach. Steven Rothstein, First Assistant City Attorney, City Attorney's Office, City of Miami
Beach. Karen Muir, Risk Manager, City of North Miami. Gary Reshefsky, Esq., Public Risk Advisors, LLC
The following alternates were also appointed:o Ramon Suarez, Finance Manager, Finance/Accounts Payable, City of Miami Beach. Ann Marie Sharp, Risk Manager, City of Miami
The Committee convened on October 30, 2014, to consider proposals received. After
proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers in accordance
with the evaluation criteria established in the RFP.
Total Points Evaluation Criteria
25 Proposer Experience and Qualifications, including Financial
Caoabilitv
25 Scooe of Services
35 Approach and Methodoloqv
15 Cost Proposal
The RFP also stipulated that additional points would be applied, if applicable, pursuant to the
City's Veteran's Preference Ordinance. However, no proposer was eligible for Veteran's
preference.
Therefore, the final ranking of proposals resulting from the evaluation process is as follows:1. CorVel Enterprise Comp, lnc.2. Johns Eastern Company, lnc.3. York Risk Services Group, lnc.
The evaluation process resulted in the followinq rankinq of
RFP 2014-302-LR Claims
Administration Services by
a Third Party Administrator
for Worker's Comp and
General Liability
L
=Lo
oc
(!
=o
o)c!Cot
.=f
Co
oY
o)Cvcot
.o)!otr
ofa
o)c
=c(!t
lz>J2b9o;q)t
o)c
=cot
_.c
Dg>at) -c
')O't
o)c
rzcot
IIJ
=tfl:t5
o
9l<tFIolFI
Yz
u
CorVel Enterprise
Como. lnc.
90 1 84 1 80 2 95 1 97 1 6 1
John Eastern
Companv. lnc.
71 2 79 2 83 1 86 2 93 2 I 2
York Risk Services
Group, lnc.
69 3 67 3 63 3 76 3 85 3 15 3
238
Commission Memorandum - RFQ 2014-302-SW for Claims Administration Sevices by a Third Party Administrator for Worker's
Compensation and General LiabilityServices
November 19, 2014
Page 3
A brief summary of each firm is provided below for informational purposes.
CORVEL ENTERPRISE COMP, !NC. has been in business for over 30 years. They are
currently providing third party administration services to the City of Pompano Beach, City of
West Palm Beach and Prince George's County, MD.
JOHNS EASTERN COMPANY, lNC. has been in business for 68 years. They have been
providing third party administration services to the City of Miami Beach for 27 years. They are
currently providing similar services to the City of Coral Gables and City of Winter Park.
YORK RISK SERVICES GROUP, lNC. has been in the business for over 50 years. They
have been providing third party administration services to Palm Beach County School Board.
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to RFP 2014-302-SW for
Claims Administration Services by a Third Party Administrator for Worker's Compensation and
General Liability, and the results of the Evaluation Committee process, and recommends that
the Mayor and City Commission of the City of Miami Beach, Florida, authorize the
Administration to enter into negotiations with the top-ranked firm, CorVel Enterprise Comp,
lnc., and should the Administration not be successful in negotiating an agreement with the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Johns Eastern
Company, lnc.; and should the Administration not be successful in negotiating an agreement
with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, York
Risk Services Group, lnc.; and further authorizing the Mayor and City Clerk to execute
agreements upon completion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the resolution accepting the recommendation of the City Manager
pertaining to the ranking of proposals, pursuant to Request for Proposal (RFP) No. 2014-302-
SW for Claims Administration Services by a Third Party Administrator for Worker's
Compensation and General Liability.
JLM /KGB/MT/SCT/AD
T:\AGENDA\2014\Novemberl9/RFP2014-302-SW for Claims Administration by a Third Party Administrator for Worker's
Compensation and General Liability - Memo Final.doc
239
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT REQUEST FOR PROPOSALS NO. 2014-302-SW (THE RFP),
FOR CLAIMS ADMINISTRATION SERVICES BY A THIRD PARTY
ADMINISTRATOR FOR WORKER'S GOMPENSATION AND GENERAL
LIABILITY; AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH THE TOP RANKED PROPOSER, CORVEL
ENTERPRISE COMP, lNC.; AND SHOULD THE ADMINISTRATION NOT BE
SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP.RANKED
PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE SECOND.RANKED
PROPOSER, JOHNS EASTERN COMPANY, lNC.; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH THE SECOND.RANKED PROPOSER, AUTHORIZING
NEGOTIATIONS WITH THE THIRD.RANKED PROPOSER, YORK RISK
SERVICES GROUP, !NG.; AND FURTHER AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Proposals No. 2014-302-SW (the RFP) was issued on July 24,
2014, with an opening date of September 12,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on August 12,2014; and
WHEREAS, the City received a total of three (3) proposals; and
WHEREAS, on September 9, 2014, the City Manager via Letter to Commission (LTC)
No. 311-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
o Dwayne Drury, Assistant Fire Chief, City of Miami Beach. Karen Muir, Risk Manager, City of North Miami. Sue Radig, Human Resources Administrator l, City of Miami Beacho Gary Reshefsky, Esquire, Public Risk Advisors, LLC. Steven Rothstein, First Assistant City Attorney, City of Miami Beach;
The following alternates were also appointed:
. Ramon Suarez, Finance Manager, City of Miami Beach
o Ann Marie Sharp, Risk Manager, City of Miami; and
WHEREAS, the Committee convened on October 30,2014 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the pQect; 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
240
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: CorVel Enterprise Comp, lnc., as
the top-ranked firm; Johns Eastern Company, lnc., as the second ranked; and York Risk
Services, lnc., the third ranked.
WHEREAS, after reviewing 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, CorVel
Enterprise Comp, lnc.; and should the Administration not be successful in negotiating an
agreement with the top-ranked proposer, authorizing negotiations with the second-ranked
proposer, Johns Eastern Company, lnc.; and should the Administration not be successful in
negotiating an agreement with the second-ranked proposer, authorizing negotiations with the
third-ranked proposer, York Risk Services, lnc.
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 Proposal (RFP) No. 2014-302-SW, for Claims Administration Services by a Third
Party Administrator for Worker's Compensation and General Liability; authorize the
Administration to enter into negotiations with the top-ranked firm, CorVel Enterprise Comp, lnc.;
and should the Administration not be successful in negotiating an agreement with the top-
ranked proposer, authorizing negotiations with the second-ranked proposer, Johns Eastern
Company, lnc.; and should the Administration not be successful in negotiating an agreement
with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, York
Risk Services Group, lnc.; and further authorizing the Mayor and City Clerk to execute an
agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this
ATTEST:
dayof 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2O14\November 1g\Procurement\RFP 2014-302-SW Claims Administration Services by a Third Party Administrator for
workers comp and ceneral Liabilitv - Resolution'do"
AppRovED As ro
FORM & LANGUAGE
& FORE)(ECUTION
(r[?(t*-
-6*241
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
City Manager To Execute An Agreement With The School Board Of Miami-Dade County Public Schools
Subject To Final Approval By City Administration And The City Attorney's Office, To Provide Professional
Development To Forty-Five Teachers At South Pointe Elementary, North Beach Elementary, Feinberg
Fisher K-8 Center, And Biscayne Elementary, To lncrease Access To The Extended Foreign Language
Program For lnterested Students, At A Cost Of $30,402 For Fiscal Year 2014115 Subject To Budget
COMMISSION ITEM SUMMARY
lntended Outcome
Achieve Educational (K-12) Excellence
Supporting Data (Surveys, Environmental Scan, etc.):
M-DCPS EFL wait list data indicates 217 students across Miami Beach feeder schools requested
Extended Foreign Language (EFL) access for 2O14115 school year and unable to access due to
deficient number of linouisticallv oualified teachers.
Item Summarv/Recommendation :
Since the Education Compact implementation on January 16, 2008, the City of Miami Beach has
collaborated with Miami-Dade County Public School (M-DCPS) to improve educational opportunities for
youth. At the June 11,2014 Commission meeting, the Februaryand March 2014 motions from the
Committee for Quality Education regarding the Extended Foreign Language (EFL) Program in Miami-Dade
County Public Schools were discussed. The M-DCPS Extended Foreign Language (EFL) program offers
a school within a school approach to world language education enabling students to interact using a
number of languages across linguistic and cultural boundaries. The goal of the program is to offer
students the opportunity to become proficient in speaking, reading, and writing in English and one other
language. The program is designed for a group of students at each grade levelwho, after participation in
the program for one school year, are automatically enrolled in the subsequent grade level. The EFL
program is an all-inclusive program; there are no restrictions on the type of student that can participate. A
student can be monolingual, bilingual, gifted, or classified ESE.
As of the end of the 2013114 school year, there were 217 students on the M-DCPS wait list for EFL
programs in Miami Beach public elementary school. Schools need to have sufficient linguistically
qualified teachers in the selected language and current grade levels of implementation in order to expand
the program and meet the demands of the community for access.
The City of Miami Beach proposes a Memoranda of Understanding with M-DCPS to allow for the
professional development of interested M-DCPS teachers at South Pointe Elementary, Feinberg-Fisher K-
8 Center, North Beach Elementary, and Biscayne Elementary, to become linguistically qualified and
increase the availability of the Extended Foreign Language Program for interested students. The City of
MiamiBeach partnershipwith M-DCPSwould allowthe Citytofund professionaldevelopmentforforty-five
teachers at a cost of $30,402 during the 2014-15 school year, with an anticipated increase in access for
students beginning in the 201 5-16 school year subject to budget appropriation. The term of this agreement
is FY 2014115.
Clerk's Office lative T
VA'
AGEHDA Y1E11 C-7T.
N/A
Financial lnformation:
Source of
Funds:1 99-9967-000367 Subject to budget appropriation
with the first amendment to the operating budget. Future
Financial lmpact Summary:
MIAMIBTACH D*ra lblq/u242
r^-. ^-.I-./-.
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City flIanager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF TITE TrrTAidN AruO CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FIPRIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEtltrENT WITH THE SCHOOL BOARD OF MIAMI.DADE
COUNTY, FLORIDA SI'BJECT TO FINAL APPROVAL BY THE CITY
ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE, TO PROVIDE
PROFESSIONAL DEVELOPMENT TRAINING TO FORTY.FIVE TEAGHERS
AT SOUTH POINTE ELEMENTARY, NORTH BEACH ELEMENTARY,
FEINBERG FISHER K-8 CENTER, AND BISCAYNE ELEMENTARY, TO
INCREASE ACCESS TO THE EXTENDED FOREIGN LANGUAGE
PROGRAM FOR INTERESTED STUDENTS, AT A COST OF $30,402 FOR
FISCAL YEAR 2014115 SUBJECT TO CITY BUDGET APPROPRIATION.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Achieve Ed ucational (K-1 2) Excel lence
BACKGROUND
Since the Education Compact implementation on January 16, 2008, the City of Miami
Beach has collaborated with Miami-Dade County Public School (M-DCPS) to improve
educational opportunities for youth. At the June 1 1, 2014 Commission meeting, the
following Committee for Quality Education motions regarding the Extended Foreign
Language (EFL) Program in Miami-Dade County Public Schools were discussed:
. The Committee for Quality Education recommends the Mayor and
Commission advise Miami-Dade County Public Schools that the
elementary level Extended Foreign Language (EFL) Program is such a
valuable asset for our children that we urge the City to work with M-
DCPS to ensure that all eligible children have equal access to the EFL
Program and implement a system for informing parents of pre-K children
(February 2014)
243
Commission Memorandum
November 19,2014
Extended Foreign Language Program
Page 2 of 2
. The Committee for Quality Education requests the Mayor and
Commission, and Miami-Dade County Public Schools, use all available
communication methods to inform residents about the availability of the
Extended Foreign Language (EFL) program, prior to the June 6, 2014,
application deadline to "opt-in" (March 2014)
The M-DCPS Extended Foreign Language (EFL) program offers a schoolwithin a school
approach to world language education enabling students to interact using a number of
languages across linguistic and cultural boundaries. The goal of the program is to offer
students the opportunity to become proficient in speaking, reading, and writing in English
and one other language. The program is designed for a group of students at each grade
level who, after participation in the program for one school year, are automatically
enrolled in the subsequent grade level. The EFL program is an all-inclusive program;
there are no restrictions on the type of student that can participate. A student can be
monolingual, bilingual, gifted, or classified ESE.
As of the end of the 2013114 school year, there were 217 students on the M-DCPS wait
list for EFL programs in Miami Beach public elementary school. Schools need to have
sufficient linguistically qualified teachers in the selected language and current grade
levels of implementation in order to expand the program and meet the demands of the
community for access.
The City of Miami Beach proposes an agreement with The School Board of Miami-Dade
County, Florida to allow for the professional development of interested M-DCPS
teachers at South Pointe Elementary, Feinberg-Fisher K-8 Center, North Beach
Elementary, and Biscayne Elementary, to become linguistically qualified and increase
the availability of the Extended Foreign Language Program for interested students (see
attached). The City of Miami Beach partnership with The School Board of Miami-Dade
County, Florida would allow the City to fund professional development training for forty-
five teachers at a cost of $30,402 during the 2014-15 school year, with an anticipated
increase in access for students beginning in the 2015-16 school year. The term of this
agreement is FY 2014115.
CONCLUSION
The Administration recommends the approval of this Resolution subject to budget
appropriation. This approval will assist the Office of Organization Development
Performance lnitiatives in accomplishing its measurable objectives linked to the City's
Key lntended Outcome to Achieve Educational (K-12) Excellence.
244
S u pe r inle tr delt of Sclloo/s
,\!l:r.tlo M Carualho
The Honorable Jimmy Morales
City of Miami Beach
October 16,2014 l$ i a rn r - 0 ade Ctt tt tt Iy .Sr:/to,r,r E<;artr
Peila Tabares llattttnatt Ch.itl
Dr. La*,rence S. Feldmatr. Vtce Cttatr
D r Do rotlt y 8e tr dros s- M t r tding all
Susle V Caslilla
Carlos L Curbelo
Dr Wlbed "Tee' HallowaY
Dr Marlin Karyt
Dr. Marla Pdrez
Raquel A. Regalado
ln response to the City of Miami Beach Commission's agenda item RgF from its June 11,2A'14
meeting, Miami-Dade County Public Schools'(M-DCPS) staff has analyzed the school district's
ability to provide every student in Miami Beach with the opportunity to learn Spanish through the
Extended Foreign Language (EFL) program. The greatest challenge to the EFL program
beyond the parental choice option cunently offered is the availability of linguistically qualified
classroom teachers. Professional development is critical to increase language proficiency
among current teachers who, for the most part, have been born in the United States and
Spanish is their second language. Professional development should occur on annuatly to
ensure that current, new and future EFL teachers are equipped with the necessary skllls for the
program's implementation.
Therefore as a result of our continued discussions, M-DCPS has prepared the attached
proposal for the City's consideration. We have surveyed Feinberg Fisher K-8 Center and
Biscayne Elementary teachers to gauge interest in participating in professional development to
develop their linguistic skills in Spanish. A total of 23 teachers expressed interest in
participating. The professional development needed would be provided by the Division of
Bilingual Education and World Languages, ln an after-school setting, starting in the 2014-2015
school year along with a three-day summer institute for those teachers, for total cost of $14,616.
Should you be interested in expanding the EFL program beyond the two schools discussed, we
are surveying City schools to determine teacher interest as well.
should you need additionalinformation, please contact me at 30s ggs-1492.
1700 Convention Center Drive, Fourth Floor
Miami Beach, FL 33139
Dear Manager Morales:
IRM-C:ms
1073
Attachment
cc: Dr. Maria De Armas
Ms. Vivian Santiesteban-Pardo
Ms. Sally Alayon
Ms. Beatriz Zarraluqui
Ms. Lubby Navarro
Dr. Leslie Rosenfeld
Sincerely, t, ,/. i
I r ' t lt !' ,l'- ,r l. i r , t l, *---') .] t .',.-- ,1,= I
lraida R. Mendez-Cartaya j
Associate Superintendent t ./
School Board Administralion Buildirtg.1450 N E. 2nd Avenue. Miatni, Florida 33132
30 5-99 5- 1 004 . wwyv. d acleschool s. n et
245
Rosenfeld, Leslie
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mendez-cartaya, lraida R. <lMendez@dadeschools.net>
Monday, November 03,2014 12:20 PM
Rosenfeld, Leslie
Mendez-cartaya, lraida R.
FW: QEC followup related to EFL
MB - EFL PD PROPOSAL FOR MB 10 1514 REVlSED.docx; MB - EFL PD PROPOSAL FOR
MB 10-30-14 for all MB schools.docx
Highlmportance:
Here you go
From: Mendez-caftaya, Iraida R.
Sent: Thursday, October 30,20L4 12:26 PM
To:'Rosenfeld, Leslie'
Cc: 'Morales, Jimmy'; Santiestebanpardo, Vivian M.; Mendez-cartaya, Iraida R.
Subject: QEC followup related to EFL
Impoftance: High
Leslie - pursuant to discussion at the QEC meeting we surveyed the remaining schools gauging teacher interest in
participating in language training so that they can offer EFL to their students. Based on that survey another 25 teachers
would be interested in participating (N. Beach Elementary 2O/Treasure lsland Elementary 3/South Pointe Elementary 2),
taking the total number of teachers interested in the feeder pattern to 48 teachers. (total * of teachers interested in
Biscayne and Feinberg Fisher were 23)
I have updated the proposal to reflect the participation of 48 teachers so that the total one-year cost of training is
530,402. I have attached both the proposals for the City's consideration. ln essence, the cost of the training would
range from approximately St+,5t6 for 2 schools up to 530,402 for all the City schools.
Training dates are being scheduled as follows:
Wednesday, November 19, 2014
Wednesday, December 10, 20L4
Wednesday, January 2L, 2015
Wednesday, February tt, 2O\5
Wednesday, March tt, zOLs
Please let us know how the City would like to proceed.
I rai d a R. M e n d ez-C artay a, A ssocrafe S u p e ri nte n d e nt
Office of lntergovernmental Affairs, Grants Administration, and Community Engagement
1450 N.E. ld Avenue
Suite 931
Miami, Florida 33132
305 995-1497 office
305 606-6553 mobile
305 995-3088 fax
246
r.
Extended Foreign Language (EFL) Program Training
For
Feinberg Fisher K-8 Center and Biscayne Elementary SchoolTeachers
2OL4-20t5 School Year
Estimated Costs for
EFL Professional Development (PD)
( Five PD lnstitute Sessions )
TotalDaily
Cost per Faculty
/ Staff/per hour
Total
#
of
Davs
Total
#
of
Hours
TotalNumber
of Faculty /
Staff
Total
Funding
Needed
EFL Teacher(s) PD Costs
Total: 5225.00 per teacher
[ 48 Teachers @ $45.00 (including
fringes) per hour l
x
5 hours(S Training Sessions , 7 hours
each )l
**Totol PD is two hours for live sessions
from 2:30 p.m.- 4:30 p.m. for a totol ol7O
hours, however City payment will only
cover one hour for five sessions, os
training time period will go beyond
contractual time by only one hour.
s4s.00 5 L 48 s10,800.00
Division of Bilingual and World Languages
Curriculum Support Specialists
Total: s270.00 per trainer
17 Trainer @ $54.00 ( including fringes)
per hour
x
70 hours (5 Troining Sessions, 7 hours
eacill
ss4.oo 5 L ss4o.oo
TOTAL 2OT4.2O15 SCH OOL YEAR PRO FESSI ONAL D EVELOPM ENT COSTS S11,340.00
Page 1
247
Extended Foreign Language (EFL) Program Training
For
Feinberg Fisher K-8 Center and Biscayne Elementary School Teachers
SUMMER 20
Estimated Costs for
EFt (THREE SUMMER 2015 PD lnstitute Sessions )
Total
Daily
Cost per
FaculU/
Staff
Total # of
Days
Total
Number
of Faculty
/ star
Total Funding Needed
EFL Teacher Stipends for PD
total: S120.00 per teacher
I tl8 Teachers @ $720.00 (including fringes) per day
X 3 davsl
s12o 3 48 s17,280.00
Division of Bilingual and World Languages -
Curriculum Support Specialists
Total: 5891.00 per trainer
[At least 7 Trainers @ $ZgZ (including fringes) per day
X 3 daysl
74,**the 23 teachers porticipating in the three day
summer institute will be included in the District Summer
PD training institute, identified costs will cover the extra
troiners needed to provide PD for these teachers.
s297.00 3 2 s1,782.00
TOTAT SUMMER 2015 PROFESSIONAT DEVETOPMENT COSTS s19,052.00
{.{. *PROFESSIONAL DEVELOPMENT TOTAL COSTS: S3O.4O2.OO
Page2
248
,!'
Extended Foreign Language (EFL) Program Training
For
Feinberg Fisher K-8 Center and Biscayne Elementary SchoolTeachers
Professional Development Description
The five days of PD offered during the year would concentrate on the following topics:
o Acentuaci6n y el acento diacritico
o Reglas de ortografla
o Uso de los verbos "ser" y "estar"
o Forma, funci6n y significado de las partes de la oraci6n
o Mecdnica de la lectura y escritura, al igual que la fon6tica
o Redacci6n de Kindergarten a 2e grado y de 3e s 5e grado
. Estrategias para el anSlisis de textos complejos
The three day 2015 summer PD would concentrate on the following topics:
o K-4 teachers' area of concentration will be phonemic awareness, decoding, writing mechanics, reading
mechanics, didactic tools, complex texts, grammar, oral language development, and spelling rules.
o Grades 1 and 4 teachers will be trained on the new Morovil/as series; Anthology and online access
since they are the next grade levels that will be receiving the anthologies.
o Grades 2 and 3 NEW teachers will be trained on the new Moravil/os series; Anthology and online
access.
***Please note that in addition to the abovementioned PD we wit! also be offering refresher PD on the
Morovillos online system on District-wide PD days.
Page 3
249
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
SCHOOL BOARD OF MIAMI-DADE COUNry, FLORIDA"
SUBJECT TO FINAL APPROVAL BY THE CITY
ADMINISTRATION AND THE CIry ATTORNEY'S OFFICE, TO
PROVIDE PROFESSIONAL DEVELOPMENT TRAINING
DURTNG THE 2014-15 SCHOOL YEAR TO FORTY-FIVE (45)
TEACHERS AT SOUTH POINTE ELEMENTARY, NORTH
BEACH ELEMENTARY, FEINBERG FISHER K.8 CENTER, AND
BISGAYNE ELEMENTARY, TO INCREASE ACCESS TO THE
EXTENDED FOREIGN LANGUAGE PROGRAM FOR
INTERESTED STUDENTS, AT A COST OF $30,402 FOR
FISCAL YEAR 2014115 SUBJECT TO CITY BUDGET
APPROPRIATION.
WHEREAS, since the Education Compact implementation on January 16, 2008, the City
of Miami Beach has collaborated with Miami-Dade County Public Schools (M-DCPS) to improve
educational opportunities for youth; and
WHEREAS, at the June 11,2014 City Commission meeting, the February 2014 and
March 2014 Committee for Quality Education motions regarding the Extended Foreign
Language (EFL) Program in Miami-Dade County Public Schools were discussed; and
WHEREAS, the M-DCPS Extended Foreign Language (EFL) program offers a school
within a school approach to world language education enabling students to interact using a
number of languages across linguistic and cultural boundaries; and
WHEREAS, the goal of the EFL program is to offer students the opportunity to become
proficient in speaking, reading, and writing in English and in one other language; and
WHEREAS, the EFL program is an all-inclusive program; there are no restrictions on the
type of student that can participate. A student can be monolingual, bilingual, gifted, or classified
ESE; and
WHEREAS, as of the end of the 2013-14 School Year, there were 217 students on the
M-DCPS wait list for EFL programs in Miami Beach public elementary school; and
WHEREAS, schools need to have sufficient linguistically qualified teachers in the
selected language and current grade levels of implementation in order to expand the EFL
program and meet the demands of the community for access; and
WHEREAS, the Mayor and City Commission of the City of Miami Beach support an
agreement with The School Board of Miami-Dade County, Florida to allow for the professional
development of interested M-DCPS teachers at South Pointe Elementary, Feinberg-Fisher K-8
Center, North Beach Elementary, and Biscayne Elementary, to become linguistically qualified
and increase the availability of the Extended Foreign Language Program for interested students;
and
250
WHEREAS, the City of Miami Beach partnership with The School Board of Miami-Dade
County, Florida would allow the City to fund professional development for forty-five (45)
teachers at a cost of $30,402 during the 2014-15 School Year, with an anticipated increase in
access for students beginning in the 2015-16 School Year.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept the recommendation of the Administration to authorize the City
Manager to execute an agreement with The School Board of Miami-Dade County, Florida,
subject to final approval by City Administration and the City Attorney's Office, to provide
professional development training during the 2014-15 School Year to forty-five (45) teachers at
South Pointe Elementary, Feinberg-Fisher K-8 Center, North Beach Elementary, and Biscayne
Elementary to increase access to Extended Foreign Language classes for interested students,
as set forth herein, and subject to City budget appropriation in Fiscal Year 2014115.
PASSED AND ADOPTED this _ day of November,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
W4$rtCitv AttorneV ,,
251
COMMISSION IIEM 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 PERTA!NlNG TO THE RANKING OF
pRoposALS, PURSUANT TO INVTTAT|ON TO NEGOTIATE (lTN) NO. 2014-277-SW FOR CAR
SHAR!NG SERVICES.
lmorove
Data (Survevs, EnvironmentalScan, etc: N/A
Car sharing is another environmentally friendly program, similar in concept to the bicycle sharing program that allows
users to rent vehicles by the hour. Car sharing discourages the need to own an automobile which has numerous
benefits to the user as well as the environment.
The City released an lnvitation to Negotiate (lTN) for firms interested in providing the City with options for a public car
sharing service in order to continue promoting multimodal transportation options throughout the City. Proposers are
encouraged to submit proposals for on-street car sharing, or off-street car sharing, or both. The intent is to provide
residents, visitors, and tourists with an alternative mobility option in the form of an automobile with user fees assessed
by minute, hour, or day and is easily accessible at any on-street or off-street parking space, 24 hours a day, seven days
a week.
On July 23,2014, the City Commission approved the issuance of the subject lnvitation to Negotiate (lTN). On July 24,
2014, lhe ITN was issued with an opening date of September 12, 2014. A pre-proposal conference to provide
information to proposers submitting a response was held on August 1,2014. The City received two (2) proposals from
the following: Car2Go N.A. LLC (Car2Go), andZipCar. ZipCarwas deemed non-responsive forfailure to submit the
cost proposal as required by the lTN.
The Evaluation Committee appointed by the City Manager convened on November 5,2014, to consider the proposal
received. After the proposer's presentation and interview, the Committee discussed the proposer's qualifications,
experience, and competence, and further scored the proposer in accordance with the evaluation criteria established in
the RFP. The proposal from Car2Go received an average score of 96.5 from the evaluation committee.
Car2Go has been providing these services for a five (5) year period. They are providing services to flfteen (1 5) North
American cities (Miami, Seattle, Portland, San Diego, Minneapolis and St. Paul, Columbus, Denver, Austin, Washington
D.C., Vancouver, Calgary, Toronto and Montreal).
Car2go proposes a car sharing service where members can pick up a vehicle at any legal, on-street parking space,24
hours a day, seven days a week, 365 days a year. Members do not require a reservation and the vehicle may be
returned at any time to any legal on-street parking space. Members are assessed user fees based per minute, hour or
day. User fees include gas, insurance, and parking. Parking fees are recuperated by the City through a monthly
payment (to be negotiated) from car2go for the use of each parking space.
The City Manager has reviewed the proposal received, pursuant to 'TN2014-277-SW for Car Sharing Services, and the
results of the Evaluation Committee process, and recommends that the Mayor and City Commission of the City of
Miami Beach, Florida, authorize the Administration to enter into negotiations with Car2Go', and further authorize the
Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration.
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the
resolulion accepting the recommendation of the City Manager, pursuant to lnvitation to Negotiate (lTN) No. 2014-277-
SW for Car Sharinq Servi
Financial lnformation:
Source of
Funds:
OBPI
Amount Account
1 N/A This is revenue generating with no cost to the City.
Total
Financia! lmpact Summary:
AGENDA ITEH C7Tg MIAMIBEACH o^rE ll'lf-lq252
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 Commission
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT:A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE GITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
tNVtTATtON TO NEGOTTATE (!TN) NO. 2014-277-SW FOR CAR SHARING
SERVICES.
KEY INTENDED OUTCOME
I mprove parking availability.
FUNDING
This is revenue generating with no expenses to the City.
BACKGROUND
Car sharing is another environmentally friendly program, similar in concept to the bicycle
sharing program that allows users to rent vehicles by the minute, hour, or day. Car sharing
discourages the need to own an automobile which has numerous benefits to the user as well
as the environment.
"Hertz 2417" was the City's sole car sharing service provider. Herlz had an Agreement with
the City for a five year term which commenced on January 24,2012, and was due to expire
on January 23,2017, and one five (5) year renewal option, at the sole discretion of the City.
Both Hertz and the City had high expectations for utilization of the service, particularly in the
denser areas of the City; however, these expectations have not come to fruition. Pursuant to
statistics provided by Hertz, for the calendar year 2013, there were 3,088 registered
customers; a total of 2,402 transactions; and an average usage of eight days per month. This
equates to an average monthly utilization rate of 7.680/o, a metric used by Hertz to measure
usage. Hertz's own goal for monthly utilization is 30%. As such, the current car sharing model
provided by Hertz is neither meeting Hertz's nor the City's expectations. To this end, pursuant
to Section l. (dX2) of the Agreement, Hertz terminated the Agreement effective August 5,
2014.
Nonetheless, the Administration believes that there is still a demand for this service across the
City, particularly in high density areas with traffic congestion and parking challenges. Clearly,
there are other car sharing service providers with a successful presence both locally and
nationally.
Therefore, the City released an lnvitation to Negotiate (lTN) for firms interested in providing
the City with options for a public car sharing service in order to continue promoting multimodal
253
Commission Memorandum - ITN 2014-277-SW for Car Sharing Serulces
November 19,2014
Page 2
transportation options throughout the City. Proposers are encouraged to submit proposals for
on-street car sharing, or off-street car sharing, or both. The intent is to provide residents,
visitors, and tourists with an alternative mobility option in the form of an automobile with user
fees assessed by minute, hour, or day and is easily accessible at any on-street or off-street
parking space, 24 hours a day, seven days a week.
RFP PROCESS
On July 23, 2014, the City Commission approved the issuance of the subject lnvitation to
Negotiate (lTN). On July 24,2014, the ITN was issued with an opening date of September 12,
2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on August 1,2014.
The City received two (2) proposals from the following:o Car2Go N.A. LLC (Car2Go). ZipCar
ZipCar was deemed none responsive for failure to submit the cost proposal as required by the
ITN.
On September 29, 2014, the City Manager appointed via Letter to Commission (LTC) No. 330-
2014 an Evaluation Committee (the "Committee") consisting of the following individuals:
. Ray Breslin, Transportation, Parking & Bicycle-Pedestrian Facilities Committee
Member. Tonya Daniels, Marketing Tourism and Development Manager, City of Miami Beacho Julian Guevara, Transportation Operations Supervisor, City of Miami Beacho Albert Ventura, Parking Operations Manager, City of Miami Beach. Margarita Wells, Environmental Specialist, City of Miami Beach
The following alternates were also appointed:
o Jose Gonzalez, Transportation Director, City of Miami Beach. Elizabeth Wheaton, Assistant Building Director, City of Miami Beach
The Committee convened on November 5, 2014, to consider proposals received. After
proposer's presentations and interviews, the Committee discussed the proposers'
qualifications, experience, and competence, and further scored the proposers in accordance
with the evaluation criteria established in the RFP.
Total Points Evaluation Criteria
30 Proposer Experience and Qualifications, including Financial
Caoabilitv
30 Scooe of Services
l5 Cost Proposal - User Fees
t5 Cost Proposal - Financial Return to the Citv
The ITN also stipulated that additional points would be applied, if applicable, pursuant to the
City's Veteran's Preference Ordinance. However, no proposer was eligible for Veteran's
preference.
254
ITN 2014-277-SW
Car Sharing
Services
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Commission Memorandum - ITN 2014-277-SW for Car Sharing Seryices
November 19, 2014
Page 3
The evaluation process resulted in the following ranking of proposals.
A brief summary of the firm and their proposal is provided below for informational purposes.
Car2Go has been providing these services for a five (5) year period. They are providing
services to fifteen (15) North American cities (Miami, Seattle, Portland, San Diego,
Minneapolis and St. Paul, Columbus, Denver, Austin, Washington D.C., Vancouver, Calgary,
Toronto and Montreal).
Car2go proposes a car sharing service where members can pick up a vehicle at any legal, on-
street parking space, 24 hours a day, seven days a week, 365 days a year. Members do not
require a reservation and the vehicle may be returned at any time to any legal on-street
parking space. Members are assessed user fees based per minute, hour or day. User fees
include gas, insurance, and parking. Parking fees are recuperated by the City through a
monthly payment (to be negotiated) from car2go for the use of each parking space.
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to ITN 2014-277-SW for Car
Sharing Services, and the results of the Evaluation Committee process, and recommends that
the Mayor and City Commission of the City of Miami Beach, Florida, authorize the
Administration to enter into negotiations with Car2Go; and further authorize the Mayor and City
Clerk to execute an agreement upon completion of successful negotiations by the
Administration.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the resolution accepting the recommendation of the City Manager,
pursuant to lnvitation to Negotiate (lTN) No.2014-277-SW for Car Sharing Services.
ffi,d^Hs^,
T:\AGENDA\201 4\Novemberl 9|RFP2014-277-SW for Car Sharing Services - Memo Final.doc
255
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE REGOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO INVITATTON TO NEGOTTATE NO. 2014-277-SW (THE tTN)
FOR CAR SHARING SERVICES; AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH THE TOP RANKED PROPOSER,
CAR2GO N.A. LLC; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, lnvitation to Negotiate No. 2014-277-SW (the ITN) was issued on July 24,
2014, with an opening date of September 12,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on August 2,2014; and
WHEREAS, the City received a total of two (2) proposals; and
WHEREAS, on September 29, 2014, the City Manager via Letter to Commission (LTC)
No. 330-2014, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Ray Breslin, Transportation, Parking & Bicycle-Pedestrian Facilities Committee Member;r Tonya Daniels, Marketing Tourism and Development Manager, City of Miami Beach;. Julian Guevara, Transportation Operations Supervisor, City of Miami Beach;o Albert Ventura, Parking Operations Manager, City of Miami Beach;. Margarita Wells, Environmental Specialist, Clty of Miami Beach;
The following alternates were also appointed:
. Jose Gonzalez, Transportation Director, City of Miami Beach;. Elizabeth Wheaton, Assistant Building Director, City of Miami Beach; and
WHEREAS, the Committee convened on November 5, 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
the top-ranked firm; and.
Car2Go, N.A. LLC (Car2Go), as
256
WHEREAS, after reviewing 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 Car2Go.
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
lnvitation to Negotiate (lTN) No. 2014-277-SW for Car Sharing Services; authorize the
Administration to enter into negotiations with Car2Go N.S. LLC; and further authorize the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\November 19\Procurement\RFP 2014-277-SW Car Sharing Services - Resolution.doc
257
r--. ^-,oI^II'-
---
-
1915.20t5
City of Miqmi Beoch, ,l700 Convention Center Drive, Miomi Beoch. Florido 331 39, www.miomibeochfl.gov
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
November 19,2014
RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 4, 2014 CITY OF
MIAMI BEACH SPECIAL ELECTION
Attached hereto is the proposed Resolution adopting the Certificate of County Canvassing Board for
the November 4, 2014 Crty of Miami Beach Special Election, and declaring results thereof. The
Miami-Dade County Supervisor of Election's Unofficial Certificate of results is attached hereto. The
Official Certificate of results is scheduled to be received by the Office of the City Clerk on or before
noon, Sunday, November 15, 2014, and will include the tally of overseas absentee ballots. The
Official Certificate of the County Canvassing Board will be transmitted to the City Commission via
Supplemental Agenda, and included as Exhibit "A" to the proposed Resolution. Upon the City
Commission's acceptance of the results of the November 4, 2014 City of Miami Beach Special
Election via passage of the proposed Resolution, all City Commission election activities related to the
City's November 4,2014 Special Election shall conclude.
T:\AGENDAV0l 4\November\Special Eleclion\Special Election Memo.doc
258
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
C!ry OF MIAMI BEACH, FLORIDA, ADOPTING THE OFFICIAL
CERTIFICATE OF COUNTY CANVASSING BOARD FOR THE
NOVEMBER 4, 2014 SPECIAL ELECTION FOR THE CITY OF MIAMI
BEACH, AND DECLARING RESULTS THEREOF.
WHEREAS, the Official Certificate of the results of the November 4,2014 City of Miami
Beach Special Election has been received from the Miami-Dade County Supervisor of Elections,
and is attached hereto as Composite Exhibit "A," and is 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 "B", as set forth below, was approved by the electorate of the City of Miami Beach.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND C!ry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Miami-Dade County
Canvassing Board having canvassed the returns of the November 4, 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 November 19,2014 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 November 4, 2014 Special Election, the votes upon the
questions presented reflect the following final results:
QUESTION "A":
Citv Charter Article V:
Citv Commission's Pre-Collective Barqainins Analvsis of Frinqe Benefits
Shall Charter Article V governing "Budget and Finance" be amended to require that within the 6
months preceding the City Commission's ratification of Collective Bargaining Agreements with
the respective labor unions, the Commission shall consider at public hearing a written report
presented by City Manager or his designee/City Budget Director, detailing current status and
related fiscal impact of fringe benefits, including pension and health insurance plans, provided
by City to its officers and employees?
Yes
No
Votes
Votes
t The two ballot questions have been lettered "A" and "B" for ease of reference herein only and
were not so lettered on the ballot.
259
QUESTION "B":
Citv Gharter Section 1.03:
Management Aqreements and Goncession Aqreements
Shall Charter Section 1.03 be amended to require approval by 417 vote of all members of
Planning Board and 617 vote of City Commission prior to City entering into any Management or
Concession Agreement with a private party for 10 years or longer (including option periods) for
the management, operation and/or use of City property (including public beaches) or a City
owned facility, exempting therefrom City agreements with Federal, State or Local governmental
entities?
Yes
No
Votes
Votes
BE lT FURTHER RESOLVED AND DETERMINED that Question "A" was approved and
Question "B" was approved.
PASSED AND ADOPTED this _ day of November,2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
(,9[tq/
T:\AGENDAV014\November\Special Election\Reso Accepting Election Results of November 4 2014 Special Election.docx
2
260
**,.Unofficial***
CERTIFICATE OF COI'NTY CAI\'VASSING BOARI)
MTAMI.DADE COUNTY
We, the undersigned, SHELLEY J. KRAVITZ, County Judge, Chairperson, PENELOPE TOWNSLEY,
Supervisor of Elections, Member, ANDREW S. HAGUE, County Judge, Substitute Member, constituting
the Board of County Canvassers in and for said County, do hereby certit/ that we met on the Sixth day of
Novembeq 2014 A.D., and proceeded publicly to canvass the votes given for the charter amendments
herein specified at the City of Miami Beach Special Election held on the Fourth day of
November, 2014 A.D., as shown by the returns on file in the office of the Supervisor of Elections. We do
hereby certi& from said retums as follows:
City Charter Article V:
City Commission's Pre-Collective Balgaining Analysis of Fringe Benelits
Shall Charter Article V governing "Budget and Finance" be amended to require that within the 6 months
preceding the City Commission's ratification of Collective Bargaining Agreements with the respective
labor unions, the Commission shall consider at public hearing a written report presented by City Manager
or his designee/City Budget Director, detailing current status and related fiscal impact of fringe benefits,
including pension and health insurance plans, provided by City to its officers and employees?
YES 12,715 Votes
NO 3,087 Votes
City Charter Section 1.03:
Management Agreements and Concession Agreements
Shall Charter Section L03 be amended to require approval by 4l? vote of all members of Plaming Board
and 617 vote of City Commission prior to City entering into any Management or Concession Agreement
with a private party for l0 years or longer (including option periods) for the management, operation
and/or use of City property (including public beaches) or a City-owned facility, exempting therefrom City
agreements with Federal, State or Local governmental entities?
YES 11,263 Votes
NO 3,443 Votes
County Judge S
Chairperson
Substitute Member
261
I,IIAI,II BEACH
Rul{ 0A1E:11/07l1il 11:41 Al{
PRECII{CTS CO'{IED (OF 25) .
REGISTERED V TERS . TOTAL . . . : .
BALUIIS CAST . T TAL.
YOIER IURI(XJT . TOTAL
iIIA{I BEACH: AMLYSIS 0F FRITGE BETEFITS
(Vote for ) I
YES/SI/UI
N0/rc/rfi{
Total
over Votes
Under Votes
lllAlll BEACH: lg{T & CotrESSIOi AmEE}ft{IS(Vote for ) 1
YES/SI/M
ilo/ilo/t{ot{
Total
over Votes .
Under Votes
OFFICIAL GEIEML E|.ICTIOi
HIISII.DOE CU'TTY, FI
rcvEaER 4, 2014
TOTAL VOTES T ED OES ED I\'O ABSEI{IEE EV 65
26 100.00
45,607
18,il()4
40.35
7.521 5,993 4,858 2 ?9
UI$FFICIAL RESULTS
REPMT.EL45A PAGE ()O1
EV I1/O PROV
12,7t6
3,087
1s.803
152,M
80.47 4,98t119.53 7,278
6,2Q
2
1,255
4.4L4
1.391
5.805
6
1.708
4,23
989
5,2t2
L2
672
3,7t5
1,106
4,851
19
7,026
3,489
814
4,303
2
553
3,087
945
4,032
1
825
I
I
0
1
0
0
0
0
0
0
1
t7
6
23
0I
15
1
15
0
11
n,ru 75.593,,43 ?3.41
14,7066
3,571
2
0
2
0
0
262
i{IAI{I BEACH
RUil MTE:11/07114 1l:41 Al{
0u0 PREcIflcr 0u.0
TOTAL WIES
REGISITRED TOTERS . TOIAL . T,915
BALLOTS CAST - TOTAL. 774
10TER NNXqJT . TMAL
t{IA}lI BEATCH: AMLYSIS 0F FRII{GE BEIIEFITS
(Vote for ) 1
YES/SI/W
ro/ro/Noil
Total
Orer votes
Under Votes
HIAl,lI BEACH: l0,r & C0I\EESSI$ AmESCilTS(Vote for ) 1
YES/SIAII
ilo/ilo/t{ot
Total ,
Arer Yotes
Under Votes
OFFICIAI- EISAL EI.TCTIO{
HIIT{I.DIE Cfl,I{TY, FL
r$vElaER 4, 2014
AESEITTEE EV OSS
a
I'I{OFFICIAL RESULTS
REPMT-EL3OA PAGE O11O.O1
EV IVO PROV
00
r ED OSS
332
i10.40
ED IVO
219
538 80.1813:l 19.82
67t
1
702
45t 73.41167 26.59
628
2
t44
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
155
37
t92
27
135
45
181
0
38
L47
47
194Ia
137
51
188
2
$t
0
0
0
0
0
0
0
0
0
0
2%
19
285
0
47
189
70
259
0
73
263
HIA{I EEAOI
ilJtl IIATE:11/07I1{ ll:41 Al{
0130 PRECTKT 013.0
TOTAL VOIES
REGISIERED WIERS . TOTAL 2,356
BALLOTS CAST . TOIAL. 815
\IOTER NMOUT . TOTAL
t'lIAl{I BEACH: AMLYSIS 0F FRIIIGE BAEFITS
(Yote for ) I
YES/SI/}II
t'ro/it0/ilil
Totrl
over Votes
Under Votes
l,lIA{I EEACH: },g,lT & C0||CESSIO{ AGREBITTS(vote for ) 1
Y6/SI/llr
N0/ilo/rst{
TotaI
over Yotrs
Under Votes
OFFICIAL EIfRAL ET.ECIIOI{
I.IIAIiII.DAE CO,,I{TY. FL
}|oVEI'EER 4, 201'3
UIOFFICIAL RESULTS
REPmT-EL30A Ptffi 0130-01
EV IVO PROV
00
r ED6S
34.59
ED IVO
257
ABSENIEE
ZU
EV 65
320
v9 75.8170 24,32
699
1
113
451 n.58183 28.12w
1
168
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2t8
57
275
0
rt5
193
55
249
0
71
153
54
2t7I
18
131
12
203I
32.
0
0
0
0
0
0
0
0
0
148
59
207
0
50
137
55
79?
0
65
264
l{Ul,ll BEACH
RUI{ DATE:11/07114 11:41 Al{
(}lim rucIi€T 014.0
MTAL
REGIS]TRED VOIERS . IOTAL . 2,665
BALLOTS CISI . TOT^1. 914
WTER NnlIO'T - TOTAL
OFNCIAL GE{ERAL EI.TgNCil
I{UHI.IIAIE U,|I{TY, FL
invBaER 4, al4
WOTFICIAL NESULTS
REPORT.EBOA PAGE ()14O.O1
EV IVO PROVI ED 0SS
35.42
ED IVO ABSET{IEE
25s
EV 0SS
3tt4
I.IIA}II BEACH:(vote for )
YES/SI/III
t{)/to/itoi
AIIALYSIS OF FRII{GE BEI{EFITSI
I.IIAI,(I BEAfi:
(Vote for )
YES/SI/III
Total
over Votes .
Urder Votes .
l,SlfT & COICESSIOI ACREOCNTSI
504 75.4t197 ?1.59
801
1
138
519 70.23u0 29.n
739
3
198
1I
2
0
0
T
0I
0I
0
0
0
0
0
0
0
0
0
0
272
77
289
0
55
181
902tr
0
73
171
57
228In
1s2
51
203
2
46
0
0
0
0
0
0
0
0
0
0
n0
62
282
0
61
185
79zilI
7A
ro/r{0/ilor{
TotaI
over Votes .
Under Votes
265
ttIMI BEArol
Rll tAIE:11/07l14 11:41 Al{
0150 PRECINfi 015,0
MTAL WIES
REGIS]ERED I'OIERS . TUTfl. . 938
BALLOTS CIST . TOTAL. 415
WIER NNXq,T . TOTAL
MIlflI BEICH: AMTYSIS 0F FRIIGE BEI€FITS(Votc for ) 1
YES/SI/UI
t{0/to/Mx
TotaI
over Votes ,
irnder Yotes . .
IIAIU BEICH: 10fi & C0lCESSI0il AGREEI€]fiS(vote for ) 1
YES/SIAfl
ro/ro/ru{
Total
over Votes .
Under Votes .
OFFICIAL GEI{ERAL ELECTIOI
iIIA},II.DAD€ Cd,lI{W, FL
tslrEtGER 4, 2014
UilOFNCIAI RESULTS
REPMT.EL3OA PAGE OT5O.O1
EV IIO PRO/
00
I EDoss
191
44.35
ED TVO ABSEI{IEE
r22
EV OSS
103
253 71.47101 28.s3
354I
59
257 76.9577 23.0s
334I
79
70
2.
92
0
11
66
20
85
0
17
818
109
1
l0
s2
20
102
1
t7
0
0
0
0
0
0
0
0
0
0
70?
5l
153
0
38
109
37
146
0
45
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
266
HIAI{I EETCH
RUN I[IE:11/07/1{ 11:41 Al
0180 PRECTT{CT 018.0
TOTAL WIES
REG]S]TXED VO]ERS . TOTAL . 2,412
BALLOTS CIST . TSTAL. 816
VOTER TI'RilO,IT . TOTAL ri.83
llIAr,lI BEACH: AMLYSIS 0F FRIIIE BEEFITS
(Vote for ) 1YES/SI/I'I 555 79.32No/ilo/mit 145 m.aTotll 701
over Yotes . I
Under Votes 1f0
llll0{I BEAOI: l€,r & C0ICESSIO{ AREBGI{IS(Vote for ) 1
YES/SI/U
N0/N0/xx{
Totrl
over Votrs
lhdlr Yotes
OFFICIAL GETERAL EI.fCTION
I{U}II.IIAIE COJIITY, FL
ll0tEBER 4. 201'l
I $(F5 EDI\O
UItrFICIAI RESULTS
REPMT.EL3OA PAGE O18().01
ABSENTEE
211
EV OSS EV IVO PROV
372
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
203
135
tm
175
0
27
t?t
42
169
0
34
157&
2Lt
1
25
144
54
198I
38
0
0
0
0
0
0
0
0
0
0
63
6l
314
0
58
212
76
2U
0
84
483 13.74t72 %.26
655I
156
267
TIIA{I BEACH
RUil M1E:r1l07/14 11:41 Al,l
0190 PRECINCT 019.0
TOIAL VOTES
REGISTERED WIEFS - TOTAL 859
BALU}TS CIST . TOTAL. 319
WTER IURIXI'T . TOTAL
OFFICIAL GE!{EMI- EI.ICTIOTI
HIAII-IXTE CqflTY, FL
t{0vE8ER 4, 2014
ED IVT)AESENIEE EV 65
UI{OFFICIAL RESULTS
REPORT.EL3OA PAGE O19O.OT
EV IVO PROV
00
r o6s
160
3tt.7L
8574
I.IIA{I BEACH:
(Vote for )
YES/SI/IdI
N0/x0/t{ofl
Total
Under Votes
llIAl{I 8E}0H: l0{T t CO{CESSIOI AGREEGTfS(Vote for ) 1
YES/SI/}II
fio/ilo/r€r{
TotaI
over Votes .
under Votes .
IMLYSIS OF FRIIGE BBEFITSI 208 75.916 24.A9
274
0$
191 77.0257 A.*
248
0
69
43
16
59
0
t3
42
9
51
0
2t
110
30
140
0
20
99
t2
131
08
55
20
75
0
10
50
16
65
0
19
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
268
t.IIAilI BTICH
RUll 0AIE:11/07/14 11:41 Alt
0200 ruCII'Et 020.0
TOIAL U)TES
f,EGISIERED I'OITN . TOTAT . I,038
BALTOTS CAST . TOTAL. 445
VOTR ]URIIIIT . TOTAL
llIAllI BEAIH: AMLYSIS 0F FRI]GE EEFffi
(Vote for ) 1
YES/SI/}II
il0/l{0/ltot
Tota l
over Votas
Under Votrs
HIAl,lI BEICH: |0{T & C()ilC€SSIOt{ AGREE}E{IS
(Vote for ) 1
YES/SIA'I
10/rc/ilor
Total .
Or€r Votcs
tnder Votes
OFFICIAL GEIIRAL EITCTIOI
I{IAII.IIAOE COUt{fi , FL
ilovElaER 4, m14
X tr)(ES EDI\O
L52
42.87
AESEXTEE EV 65
157
UOFFICIAL RESULTS
REPMT.EI3OA PAGE O2()(].01
EV IIO PROV
00
2+5 76.6290 23.38
38s
0
56
2V. 72.0098 28.00
350
0
9l
0
0
0
0
0
u
0
0
0
0
0
0
0
0
0
0
0
0
0
0
136
93
2.
u5
0
2t
72
30
102
0
34
96
35
r31
0
22
87
37
t?4
0n
0
0
0
0
0
0
0
0
0
0
105
33
139
0
l3
93
31
124
08
269
I,IIAI.II BEAC}I
RJN MTE:11/07/14 1l:tll Al
0220 PREcIgt 022.0
TOTAL WTES
REGISIERED IruIERS . TOTAL . 551
BALLOTS CIST . TOTAL. %
VOIER NNilOJT . TOIAL
OFFICIAL EI{ERAL ELECTIOiI
}IIATI.IIADE CO'ITY, FL
tovo.BER 4, 2014
U]OFFICIAL RESULTS
REPORT-EL3OA PAGE OZO.(}1
EV IVO PROV
00
T ED OSS
n
4L.02
ED IIO ASSETTEE
83
EV (E5
70
HIAIII BEACH: AMI-YSIS OF FRITGE EEIGFITS
(Vote for ) I
YES/SIA{I
ilo/|t0/ilot
Total
Over votes .
tnder votes .
l,lIAl,lI BEICH: tGl,tT & @IIESSIOI AGREEIEI{TS
(Vote for ) 1YES/SInfl 148 80.00ro/ilo/t{or 37 20.00Tot.I 185
ov€r Votes 0
Under Yotes . 38
55
7
62
0
l1
53
8
6r
0
L2
fl4 87.006 13.00
m0
0a
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
54
72
66
0
4
4t
18
59
0
1t
55
7
72
0I
54
11
65
0
15
0
0
0
0
0
0
0
0
0
0
270
t{uilI EEACH
RUI{ [IATE:11/07I14 11:41 A]l
0230 Pf,ECrilCr 08.0
TOTAL WIES
REGISTERED IOIERS . TOIAL . 3,107
BALLOIS CAST . TfiAL. 1,263
VO]ER IURMUT . TUIAL
TFICIAL GE]IERAL ELECTIOiI
ilur,rr-UAlE cq,ffiY, FL
ro\,EoER 4, 2014
I fl)oss
420
40.6s
E)I\o AESEilIEE
496
EV 65
343
UNOFFICIAI RESI,LTS
REFMT.EU}(}A PAGE O23O.()1
EV I'VO PROV
04
l,uAHI BEACfl: AMI-YSIS 0F FRltlGE BSEFITS
(Vote for ) 1YES/Srm 889 78.81l0lil0/r{0{ 239 27.79Total l,u8
Over Votes .
Under votes .
HIAHI EEAOI: lG[T & C0ilCESSI(x,l ABEEG]IIS
(Yote for ) 1YES/SI/i{I 80? 75.2Jto/r{o/mil 2& ?4.nTotsl 1,055
over votes . 4
under Votes . 187
0
729
3
0
3
0
0
3
0
3
0
0
0
0
0
0
0
0
0
0
0
0
n4
71
308
0
35
ztt
76
287
1
55
353
8548
0
43
st0
93a3
26
0
0
0
0
0
0
0
0
0
0
&
80
369
0
5l
258
95
353I6
271
I,IIMI BEACI{
Rlltl DAIE:I1/O7lltl 11:41 Al{
0240 PRECI]TT 024.0
TIITAL VOIES
REGISTERED I'OIrXS . TOIA . 1,632
BAII0TS CesT . T0TAI. 818
VOIER NNUUT . TOTAL
ilIAllI BEACII: NATYSIS 0F FRITGE BBGFITS
(Vote for ) I
YES/SI/I'I
[0/t{0/l{o{
Tot.l
over Votes .
Under Votes
llIAl{I BEAC}I: tE{T & COEESSIOI AREBC}IR(vote for ) 1
YES/SI /TII
t{0/x0/r0r
Tot!I
over Votes
under votes
$IICIAL GEI'ERAL El.-ECtIg{
HIAIII.IIADE COI'iITY, FL
xovBGER {, 2014
; ED6S
385
fi.12
ED II'O AESENIII EV 65
2s3
UISFFICIAL RESI,ILTS
REPMT.EBOA PAGE O24O.01
EV M mov
0179
6m 86.4797 13.53
7t7
0
96
82 &.39us t7.61
670I
142
I
0I
0
0
0
0
0
0
0
0
0
0
0
0
143
20
163
0
16
720
34
154
0
25
196
26
ru.
0
25
t77
3t,
210
0
38
0
0
0
0
0
0
0
0
0
0
N
51
331
0
54
2*
51
305I
79
272
LtIt]lI 8EA0t
RUt{ DATE:11/07114 11:41 Al{
0250 PRECIrcT 025.0
TOTAL VOIES
REGISIERO IOIERS . MTAL . L,ill
BALLOTS CAST . TOTAL. 573
VOTER IMTUI . TMAL
ltlll{I BEACII: A}IALYS$ 0F FRIISE SEiIEFITS
(Vote for ) I
YES/SI/}II
r0/rc/ilor{
TotaI
over Vot€s ,
Under votes .
I'lIAl'lI BEAISI: IGHI & (IIESSIOI lmEBfl{TS(Vote for ) 1
YES/SI/II
x0/N0/!t(tt
Total .
over Votes
Under Yotls
OFFICIAL GEI€RAL EI,fCTIfi
I{WI.OAIE qIJlfIY. FL
lovEl,oER 4, 2014
I ED OSS ED IVO
2*
/t0.86
ABSET{IEE
244
EV 0SS
170
UNOFFICIAL RESUL]s
REPORT.EU}OA PAG€ ()25O.()I
EV II'O PROV
01
479 9I.78114 19.2
5Cl
0
79
42r 77.39lz3 2,.67
5{4
1
u27
126
25
152
0
18
110a
139
0
31
192
3527
0
15
168
38
2MI
36
0
0
0
0
0
0
0
0
0
0
151
52
2t3
0
45
112
56
198
0
60
0
0
0
0
0
0
0
0
0
0
0I
0
0
273
ITIAIII EEACH
Rlll{ DAIE:11/07/14 1l:41 All
0280 PRECIICT 028.0
IOTAL V(,IES
REGISIERED W)TERS . TMAL I,167
BAIIfiS CI$ . TOTAL. 670
VOIER TI.R'UJT . TOTAL
OFFICIAT 6ERAL EI'E TIO{
}.IIA''II.ME COX{TY, FL
t()lrErGER 4, 2014
t E0 oss
372
45.67
ABSENTEE EV (s5
183
IJI{OFFICIAL RESULTS
REPAT-EL3OA PAGE OAO.O1
EV I\O PROV
01
ED IVO
114
ilIAllI BEAOI: AMLYSIS 0F FRIIG BTXEFITS(Vote for ) I
YES/SI/}II
N0/r{0/iloil
Total
over votes
Und€r votes .
tlIAl'lI BEACH: lGl{T & C0{ESSIOI rmEECffiS(Vote for ) IYES/Sr/$ 419 n.%rc/No/ito{ 109 m.aTot.I 54
over Votes I
Under Votes . 131
0
1
1
0
0
0
1I
0
0
0
0
0
0
0
0
0
0
0
0
86
14
r00
0
l4
p.
17
99
0
15
L27
32
159
1
13
t8
2L
149
1n
0
0
0
0
0
0
0
0
0
0
219
53
312
0
60
209
70
2n
0
93
62 &.77110 19.A
572
1
87
274
llIAl,lI BEAOI
RUI{ DAIE:11/07/14 11:41 All
0290 PRECII{CT 029.0
IDTAL WIES
REGISIERED I'OIERS . TMAL , 1.535
&AI-LO[S Cr$ - ToTAL. TL4
VOTER NN'{(IT . ruTAL
HIltlI BEACH: AI{ALYSIS 0F FRITGE 8E}IEFITS(Vote for ) I
YES/SI/UI
r{0/t{0/tot{
Total
Over Votes
Under Votes ,
I'lIAlI EEliCll: lE{T t C$ICESSIO{ AGREECIfIS(Vote for ) 1
YES/SI/UI
n0/t{0/ilor
Total .
over Yotes
Under Votes .
OFTICIAL GRERAT EI..ECIIO{
I,IUI{I.IIAE COJIIY, FL
I(I{BAER tl, 201'l
r ED OSS EO IVO
376
45.51
ABSETTEE
189
EV 0SS
TIOFFICIAL RESULTS
REPMT.EBOA PAGT ()29O.O1
EV IVO PROV
00
525 84.68 26395 15.9. 57620 32000t2 56
u3n
D5I
80
446 n.g131 n.70
577
2
l:(l
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
149
114B
137
0
t2
98
31rN
0
20
1il8
15
163
0
24
t25a
153I
33
0
0
0
0
0
0
0
0
0
0
275
r{ulrl BEAst
Rlil [IAIE:lrl07l14 11:41 Al{
0300 rucIrcT 030.0
OFNCTAL €\ERAT EIECTIO{
I{IA}II.IIATE CUflTY, FL
MII'E}GER, 4. A}14
UtrFNCIAL RESULTS
REPMT.EUIOA PAE O3(}O.01
TIITAL VOIES I ED OSS Et) I\'O ABSETTEE EV OSS EV ]VO PROV
REGISIERED VOTERS . TMAL . 2,982
BAtroTs clsT . T0T L. 1.480
tloTER nmun - ToTAL 49.63
IUIHI BEACII: AIIALYSIS OF FRII{E BEIIEFITS(Vote for ) IYES/SI/UI 1,121 85.90 378 0 375 366 01{0/N0/NO{ 181 14.10 62 0 s5 66 0Totll . 1.305
over Votes 3
Undar Votes 155
524 0 497 458 0
4(0 0 tB2 {:t2 0003000&047%00
HIAI'II BEilCtl: )G,{T e COCESSIO{ AmEEft{TS(Vote for ) IYES/Sr/UI 989 9..8 353 0 313 3n 0 1r{0/ttr0/10r{ zLt L7.72 55 0 75 73 0 0fotal L,202 418 0 388 395 0 Iovervotes 3 0 0 3 0 0 ()
Under Votes ?fi 104 0 91 53 0 0
276
TIUHI BIAOI
RUll MTE:11/07I14 11:41 Al
0310 PRECIiICT 031.0
TITTAL WIES
REGISIERED WIERS . rcTAL . 1.203
&AU-oTS CIST - T0TAL, 53't
vgTER nn{un . T0rAL
tlIAllI BEATCH: AIIALYSIS 0F FRITE 8EI{EFITS
(Vote for ) IYES/SI/WI 377 81.78r{o/rc/rcil 84 L8.2Totll il61
over votes , 1
Under Votes . 70
ilIA{I BEACII: l0,fi & OSlCESStOl AGf,EOfltIS(Vote for ) I
YES/SI/UT
t'10/lO/ll(ll
Total
oyer Votes
Under votes
OFFICIT 6ERAI. ET.ECTIO{
TU},II.OAI[ dUt{TY, FL
t{)r,EGtR 4, a)14
I ED OSS ED IVO
231
44.39
ABSENEE
135
EV 0SS
156
UMFNCIAL RESULTS
REPMT.Eu}OA PAE O31O.OT
EV II/O PROV
0t2
7I
s
0
3
5
0
5
0
5
0
0
0
0
0
0
0
0
0
0
115
m
135I
m
108
27
LA
0
27
104
t7
721
0
l3
85
2t
r07I
26
0
0
0
0
0
0
0
0
0
0
1516
L97
0
34
134
46
180
0
51
33 79.1088 a1.90
42L
1
110
277
I,IIAI{I BEACH
RJll 0ATE:11/07/14 11:{l A{
0320 PRECINCI 03?.0
TOTAL \'OIES
REGISIERED VOIERS . TOTAL . 2,6L6
&ILLOTS CI$ . TOTAL. 1,(x)7
VoTER TURiro'T - Tm& 41.93
tlillll BEAOI: AI{ALYSIS 0F FRItIE EEtfnTS
(Vote for ) 1
YES/SI^{I
to/1tr/rul
Total(her Votes
t nd€r Votes
llUlU BEACtl: lG{r & COICESSIO{ AGREOCIIS
(vote for ) I
YES/SI/I{I
iro/to/roil
Tot.l
o\,er Votes .
Under votes
OFFICIAL ETCRAL EI.TCTIO{
IIUI{I.DAOE COT{TY. FL
mvEaER 4, 2014
r EO OSS ED IVO
397
UrcFFICIAL RE$JLTS
REPMT-EL3OA PAGT ()32O.O1
EV IW FNOVABSB{IEE
455
EV OSS
245
713 76.502t9 23.50
932
0
160
530 n.75236 27,25
866
3ul
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
lti:l
44
207
0
38
145
58
203
0a
293
102
395
0
55
271
98
359
3
7g
0
0
0
0
0
0
0
0
0
0
257
73
33)
0
67
2tl
802v
0
103
278
I,IIAI,II BEACH
Rlt{ IATE:11/07lltl ll:41 A}l
0330 ruCIilgr m3.0
TOTAL WIES
REGISIERED'I/OIERS . TOTAL I.TT3
BALLSR C^ST - TIITAI. 708
VOTER ITJRIXI'T . TOTAL
HIMI BEAOI: AI{ALYSIS 0F FRItGt BBIFITS
OFFICIAL GSERAL ELI TIO{
XIA'II.UDE COffTY. FL
mEaER 4, 2014
UI{OFFICIAL RESULTS
REPfff,.EBOA PAGE ()3$.OI
EV IVO PROV
00
t ED oss
84
39.93
ED IVO AESEIIIEE
259
EV OSS
(Vote for ) IYES/SIm {8!} 83.'t5ilo/to/r(I{ 97 16.s5Total 586
over Votes . t
lrnder Votes . 117
XIA{I EEACH: t€{r t COtrESSIO{ AGREEI{EIIIS(Vote for ) 1YES/SIm 452 77.610/1{)/t0i 130 22.y
Total . W.
over Vstes . 0
lrnder Votes . 1?2.
0
0
0
0
0
0
0
0
0
0
215
155
27
L82
0
33
139
45
184
0
31
170
32
?02
1
52
161
37
r98
0
57
0
0
0
0
0
0
0
0
0
0
l5{
38
m2
0
32
152/A
200
0
3'[
0
0
0
0
0
0
0
0
0
0
279
I{IAIII BEA&I
RN OA'IE:11/07114 11;41 Al
0350 PRECITET 035.0
Undor Votes
OTFICIAL SIERAL ELECTIO{ilufiI.tf,rf cotfty, FL
iol,ErGER 4, 201't
UItrFICIAL RESULTS
REPMT.EL3OA PAGE 0360.0I
300 309 2 0
HIAIII BEA0: AIIAIYSIS 0F FRIIGE EREflTS(Vote for ) 1YES/Sr/r{r 757 80.02 317t{0/it0/1t0t{ 1s9 l9.s 80Total 915 397
2012fi20544500
0
0
0
0
over Votes 2 10 26 281 20103:l 27 0
792 276 25c550244 271 200054380
ilIAtI BEACH: lGilT e COIESSIOI ABEECI{IS(vote for ) IYES/SIm 697 78.85 287 0rc/rc/tu{ t87 2r.L5 80 0Totrl 884 367 0overvotes 0 0 0
155 95 0
Under Votes 2Lg rx1
280
}IIA}II BEACH
mJil 0AIE:11/07/14 11:41 N,l
O37O PRECIrcT 037.0
TOTAL \OIES
REGISIEREO VOIERS . TMAL . 1,017
EALLOE CAST . TUTAL. 275
VOTER TURT{UI . TTITAL
OFFICru GErcRAL EI.EfiIOI
XIAI{I.IXIE CO'iTY. FL
lOl/E€ER ,1. 2014
UTOFFICIAL RESULTS
REPORT.EIJ()A PAGE ()37(}.O1
EV I\M PROV
00
r o6s
136
27.44
ED IVO ABSE}IIEE
63
Ev 65
76
ilIAllI BEACII: IIIALYSIS OF FRII{E BEIEFITS
(Vote for ) IYES/SIilI I98 8T.78tlo/l{)/iln tB L8.22Total M
over Yotes 0
thder Yotes . U
Hill{I EfltC}l: lEff & CStrESSIO{ AmEE{ErrS(vote for ) IYES/SIm LA 80.55l$/to/]{n a $.44Totll ?16owr Votes . 0
tnder Votrs . 54
54
14
58
0I
50
11il
0
t2
48
6*
0
4
38
9
47
0
11
0
0
0
0
0
0
0
0
0
0
91a
114
0
2.
85
19
105
0
3l
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
281
r,rIAl,rI EErcH
Rt{ MTE:11/07l1tt 1l:'ll A}{
0380 PRECrrfr 038.0
TOTAT WIES
REGIS'IRED WIERS . TI'TAL . 456
EALLoTS C.ASr . flrrAL. 221
VOTER NNflqJT . TOTAL
|tIAl,lI BEiCll: AMLYSIS OF FRIIGE EEEFITS(Vote for ) 1
YES/SI/}fI
1{0/to/I(il
Total
over Votes .
Under Votes .
HIMI EEltCH: 1.8{I t C0N{CESSIO{ ABEEET{IS(vot! for ) I
YES/SI/}II
ro/ro/r0{Totll .
over Votes
lrnder Votes
$FICUL GE]{EMI ELECTIOI
IIU}II.OADE CO(JXTY, FL
r{olBGER 4. 2014
I ED (E5 ED It,O
78
{8.i15
ABSEI{IEE
ll5
gv (Es
UMFFICIAL RESULTS
REPGT.EIJ0A PA6E O38O.01
EV II'O PROV
00
166 82.5935 17.{1mt
0
18
151 i9.05im 20.%
191
0n
89
15
104
0
o
79
19
98
0
l5
0
0
0
0
0
0
0
0
0
0
54
l5
69
0
9
52
15
67
0
1l
23
5
28
0
0
20
6
26
0
2
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
282
XUIII BEATOI
Rtil OAIE:11/07114 11:41 Alt
0400 PRECINCT 040.0
TOIAL II)IES
REGISIERED I,OTERS . TMAL . 1.5I'I
BALLOTS clST . TOTAL. 565
VOIER INilqN . TOTAL
MIll,{I BEACII: AMLYSIS 0F FRIiIE SEIGFIIS(Vote for ) 1
YEs/SI/IiI
ls/10/ilOt
Total
over Votes
lrnder Votes .
I'lIAllI BEACII: l,E{T & COf,ESSIO{ IGREEI€{TS(vote for ) I
YES/SI/m
ro/ilo/r{Il
Total
Ovrr Vot!3
Under Votes .
OFFICIAL GEI€RAI ELECTION
NT{I.DADE COUIN. FL
t$vElSER 4, 2014
I E0 0s5 E0 Ivo
240
35.01
ABSE}TTEE EV GS
195
I,I}IOFFICIAL RE$JLTS
REPMT.EL3OA PAE ()/O(l.(}1
EV IYO PROV
00t29
383 80.8091 19.20
471
0
87
340 77.*95 U,02/(}5
0t8
t47
40
187
0
st
136
41
1g)
0
60
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
95a
118
0
11
85
20
105
0
21
141
28
159
0a
119
32
151
0
41
283
MIAII BEACH
Rlll{ DAIE:11/07114 11:4X rl}l
0410 PRECIT{Cr 041.0
TOTAT U]TES
REGISIERS VOIERS . TOIAL 3,4il
BAL$rS msr - TOTAL. 1.311
WIER NNilffi . TOTAL
llillll BFIfi: AI{ALYSIS 0f FRIIGE BBCFITS(Vote for ) 1YES/SIm 880 79.61N0/tl()/1{(Ir 2E 20.36Total 1,105
0ver Votes . 0
Under Votes . 200
HIll,lI EEACH: )g{T & COtrESSIOI AREE}€{R(Yote for ) 1YES/SI/I'r 758 74.24t{o/rs/r0{ 63 25,75Totll 1,021
over Votes 1
lJnder Votes &
OFFICIAL GI{EX.AL ELECTIO{
I,IUfiI.IIADE Cq,fiTY. FL
I{)VBGER tl. 2014
t o oss ED r\,0
55s
37.85
AESE{IE
440
EV (E5
UNOFFICIAT RESULTS
REPMT.EL3OA PAGE O4T().O1
EV IVO PROV
02
0
0
0
0
0
0
0
0
0
29
46
275
0a
186
61
247
0
57
297
75
3n
0
62
2#
1(xl
359
0
75
0
0
0
0
0
0
0
0
0
0
353
104
457
0
108
315
99
414
1
150
284
ltuilI BEtcll
Rlll{ IIAIE:11/07114 ll:'11 Al
04a} Pf,ECIilCT 042.0
TOTAL WIES
REGISIERED WTERS . TOTAI . T.999
BALLOTS CIST . TOTAL. 708
VO'IER'NnI{fl'I . TOTAL
I4IMI BEACH: AMLYSIS tr FRIIGE BBGFITS(Vote for ) 1
YES/SI/UI
to/t{o/t{ol'Iot;I...:.:::::
over Votes
tnder Votes .
tlIAllI EEACH: l{O{T t C0af,ESSIOI{ AGREE}E{TS
(vote for ) 1
YES/SI/U
10/rc/t0t
Total
over Votes
tlndlr Votes .
GFICIAL GEIf,RAL ETECTIO{
ilITXI.IIADE COJXTY, FL
IOTHAER '[. 20![
t o oss E0 Il/0
305
35.42
AESETTEE
203
EV 0SS
UOFFICIAL RESULTS
REPORT.EL3OA PAGE 042().()1
EV ITIO PROV
05
4% 80.52120 19,it8
616
1
88
14 77.21732 22.75
5g)
0ta
137
29
165
0
29
132
33
165
0
30
143
3S
181
0
19
L8
39
167
0
33
0
0
0
0
0
0
0
0
0
0
213
51H
1
tlo
166
60
245
0
59
0
0
0
0
0
0
0
0
0
0
3
2
5
0
0
2
0
2
0
3
285
I{IAl.lI BE'OI
RJlt ItrIE:11/07/14 11:41 All
0430 rucrrl 0{it.0
TOTAL VOIES
REGISTERED VOITRS . TOTAL . 583
BALLOTS CIST . TOTAL. 181
VOTER NMflIT . TOTAL
llIAIlI BEACH: AITALYSIS 0F FRIIE 8E}€FITS
(Votc for ) 1
YES/SI/UI
rc/ilo/r,ror'-.'-' -fota'l. . . . . : : : :
Orer Votcs .
under votes .
IUIUI BEACII: lcl,fT & C0I{CESSIOI AmES'EITS
(vote for ) I
YES/SI/Ifl
t$/to/t{(I{
Total '0ver Yotes .
tnder Votes ,
OFFICIIL GEilERAL EI.ECTIO{
}IHIiI.DAIE gilI{TY, FL
mVBAER /t, 20li+
r ED oss
91
31.05
ED I\IO ABSEI{TEE EV 65
U}'IOFFICIAL RESULTS
REPMT.EIJOA PAGE ()43().()1
EV I\'O PROV
004050
54n
TI
0
14
tm 76.9236 23.08
156
0fi
52
19n
1
19
110 75.8635 21.11
145
1
35
0
0
0
0
0
0
0
0
0
0
39
6
45
0
5
33I
41
0
9
27
7
34
0
5
8I
a}
0
7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
286
HIMI BEAOI
Xltlil IIAIE:11/07I11 ll:'11 tl{
0440 PRECIITr 044.0
TOTAL
RIGISIEREO WIERS . TOTAL .
iil-r-orS crsi-:10rru-:- .- : . : : : :
V()TER ]MilUT . TOTAL
GFICIAL GEIIERAL EI.fCTIOT.I
HIAI,II.IIADE CqJITY, FL
rcrs€ER 4. 2014
I ED OSS ED IIO
37
38.34
VOIES46
1n
ABSENIEE
89
EV 65
45
UI{)FFICIAL RESULTS
REPMT.EBOA PA6E (}14O.01
EV I\IO PROV
00
HIII{I BEICH:
(Vote for )
YES/SI/tll
x0/io/lror{
Total
over Votes
Undar Votes
ilIAllI EEACH: lG{I & COf,ESSIOI Am[trfiIIS(vote for ) I
YES/SI/m
ilo/ro/mil
Tot.l
Orcr Votes
under Votes
AMLYSIS OF rurcT BACFITSI 106 81.5424 18,/t6
130
1
40
n 63.93u 36.07
122
0
19
22
5
27
0
10
15
t2
2t
0
10
0
0
0
0
0
0
0
0
0
0
57
11
58
1
20
42a
66
0
24
27I
35
0
10
2L
9
30
0
15
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
287
IIIAI.II BEICH
Ril mIE:11/07/14 11:41 M
0480 PRECIilCI 048.0
TOTAL WIES
REGISIERED WIENS . TOTAL . 2,69
BALLOTS CEST . TOTAL. 1.156
I'OIER TURI{XT . TOTAL
XlAllI BEAfi: AI{ALYSIS 0F FRITGE BSIFITS(Vot. for ) I
YES/SI/I{I
ro/rc/r0{
Totr'l
oyer Yotes
lhdor Votrs
llIAllI EEACll: iGlT & COTESSIO{ AGREEGI{TS(Vote for ) I
YES/SI/yI
r{)/ro/iln
Total
over Votes .
Under votes
OFFICIAL GEIIERAI. ELECTIC{
HIAI{I-IIADE CqJTTY. FL
ulvEaER 4, 2014
UiIOFFICIAL RESULTS
REPGT.EL3OA PAGE ()48O.O1
EV I\O PROV
00
I u)(Es
499
43.27
ED IIf)ABSA{IEE
443
EV 65
2t3
783 83.30157 15.70
9tOI
N8
691 n.21181 20.768n
0
2n
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
154
37
191
0
22
144
37
181
0
32
318
57
375
1
61
278
72
350
0
87
0
0
0
0
0
0
0
0
0
0
311
63
374
0
u5
269n
341
0
158
288
THIS PAGE INTENTIONALLY LEFT BLANK
289
C7 - Resolutions
C7L A Resolution Accepting The Recommendation Of The City Manager To Reject All Bids
Received, Pursuant To Request For Proposal (RFP) No. 2014-091-SW For lnvestment
Advisory Services.
( Fi nance/Procurement)
(Memorandum to be Submitted in Supplemental)
Aqenda ftem C7 L..
Date--!!:ll!!--290
THIS PAGE INTENTIONALLY LEFT BLANK
291
G7 - Resolutions
C7M RFQ And RFP General Building Contractor Rehabilitation Services
1.A Resolution Accepting The Recommendation Of The City Manager Pertaining
To The Ranking Of Proposals, Pursuant To Request For Qualifications (RFQ)
No. 2014-316-JR, For General Building Contractor Rehabilitation Services.
(Housing & Community Services/Procurement)
A Resolution Accepting The Recommendation Of The City Manager Pertaining
To The Ranking Of Proposals, Pursuant To Request For Proposals (RFP) No.
2014-325-JR , For General Building Contractor Rehabilitation Services
Consultant.
(Housing & Community Services/Procurement)
(Memorandum to be Submifted in Supplemental)
2.
c7 /ul
292
THIS PAGE INTENTIONALLY LEFT BLANK
293
R2
COMPETITIVE BID REPORTS
294
R2 - Competitive Bid Reports
Request For Approval To Reject All Bids Received Pursuant To lnvitation To Bid (lTB)
No" 2014-385-YG For Lifeguard Stand Replacement Project.
(Capital lmprovement Projects/Procurement)
(Memorandum to be Submitted in Supplementa!)
Agenda ltem R2A
Date lt-lQ-/U295
THIS PAGE INTENTIONALLY LEFT BLANK
296
R5
ORDINANCES
297
R5 - Ordinances
RsA An Ordinance Amending Chapter 74 Ot The Code Of The City Of Miami Beach, Florida,
Entitled "Peddlers And Solicitors," By Amending Article l, Entitled "ln General," By
Amending Section 74-1, Entitled "Soliciting Business ln Public From Pedestrians," To
Prohibit Commercial Solicitation ln Certain Areas; Providing For Repealer, Severability,
Codification, And An Effective Date. 10:20 a.m. Second Reading Public Hearing
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
(First Reading on September 30,2014 - RsE)
(Memorandum to be Submifted in the Supplemental)
Agenda ltem RfA
oate I l- l?l(I -298
THIS PAGE INTENTIONALLY LEFT BLANK
299
R5 - Ordinances
RsB An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Florida,
Entitled "Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1,
Entitled "Generally," By Amending Section 46-92(a), Entitled "Definitions," By Adding A
Definition For The Term "Right-Of-Way," By Amending Section 46-92(9), Entitled
"Prohibition On Commercial Handbill Distribution," By Amending The Regulations And
Prohibitions For The Distribution Of Commercial Handbills; Providing For Repealer,
Severability, Codification, And An Effective Date. 10:25 a.m. Second Reading Public
Hearing
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: City Attorney's Office)
(First Reading on September 30,2014 - R5F/Referred to NCAC)
(Memorandum to be Submitted in the Supplemental)
Agenda ttem KSF
oate tl-l?-tV300
THIS PAGE INTENTIONALLY LEFT BLANK
301
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 ART]CLE II, "CARE AND MAINTENANCE OF TREES AND PLANTS,'' BY AMENDING D]VISION
2, "TREES"; TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SCOPE, ApptlGAEttl+Y AflD
EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION REQUIREMENTS, NOTICE AND
PROCEDURES FOR OBTAINING PERMITS; IMPOSING CRITERIA AND CONDTTIONS 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; DEFINING TREES
CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS; ENFORCEMENT AND CIVIL
REMEDIES; PROHIBITE}€PEGIES; DUTIES AND AUTHORITY OF THE URBAN FORESTER; AND
PROVIDING FOR R ; CODIFICATION; SEVERABILITY: AND AN EFFECTIVE DATE.
COMMISSION ITEM SUMMARY
Advisorv Board Recommendation:
This item was presented at the April 25, 2014 Neighborhoods/Community Affairs Projects Committee
for discussion and further direction. At this meeting, the Committee recommended moving forward
with a draft Ordinance to the full Commission for aooroval.
Financial !nformation :
Source of
Funds:
OBPI
Amount Account
1
Total
Financial lmoact Summarv:
lntended Outcome Su
Data (Surveys, Environmental Scan, etc: n/a
Item Summary/Recommendation :
The City of Miami Beach (City) adopted the current version of lhe 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 groMh of the City's urban forest. A major reforestation etfort was approved and
initiated in FY 2006/2007. This effort, combined with neighborhood tree installations associated with
ongoing CIP projects, has resulted in 10,000+ reforestation trees in the City's streetscapes, parks and
other public spaces.
The primary goal for any urban forestry program is sustainability. ln order to adequately, protect and
increase the value of the urban forest the development of a strong tree ordinance is of paramount
importance. The City is currently subject to the Miami Dade County (County) tree preservation and
protection ordinance. The present City tree code lacks adequate specifications and is therefore not
officially recognized. The tree code has been redrafted to incorporate many of the tenets present in
the current Miami Dade County tree preservation and protection ordinance, with additional
specifications uniquely tailored for the City of Miami Beach's urban forest. Adoption of the revised
code will allow for an official exemption from the County tree removal permitting regulations, and also
provide a potential urban forest management funding source.
CURRENT STATUS
The final draft of the City revised Tree Ordinance has completed its first stage of internal review and
commenting from the County RER Tree Program, and has received initial approval for compliance
with the minimum requirements for exemption from the County Environmental Code. We are currently
in final review stages with the County RER Tree Program. Should the Commission approve the
Ordinance on Second Reading, approval will be sought from the County prior to implementation.
THE ADMINISTRATION RECOMMENDS APPROVING THE ORDINANCE ON SECOND READING
PUBLIC HEARING.
Clerk's Office islative Tracki
Sion-Offs:
Department Director Assisffilp!!\Manager fiDH{anager
zL.etc .',\^:Jvlr \t{JyJtl\{D,,-5*1
works\kee ordinance -t:\agendaV0l 4\november\public
AGEI*DA rrena RSC(s MIAAAITIACH oars ll-l?41302
g MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manager SECOND READING
DATE: Novemberlq,2014
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE MIAMI BEACH CITY
coDE, ENTITLED "ENVIRONMENT," By AMENDING ARTICLE !1, *CARE AND
MAINTENANCE OF TREES AND PLANTS," BY AMENDING DIVISION 2, "TREES";
TO AMEND THE DEFINITIONS, PURPOSE AND INTENT; SGOPE, APPtICABItIFY
AND EXEMPTIONS AND PROHIBITED SPECIES; PERMITTING APPLICATION
REQUIREMENTS, NOTICE AND PROCEDURES FOR OBTAINING PERMITS;
IMPOSING CRITERIA AND CONDITIONS FOR TREE REMOVAL AND
RELOCATION; TREE REPLACEMENT; TREE PRESERVATION AND
PROTECTION REQUIREMENTS; DEFINING AND PROTECTING HERITAGE AND
SPECIMEN TREES; ESTABLISHING A MIAMI BEACH TREE PRESERVATION
TRUST FUND; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR APPEALS;
ENFORCEMENT AND CIVIL REMEDIES; W; DUTIES AND
AUTHORIW 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 official
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
ordinance, with additional specifications uniquely tailored for the City of Miami Beach's urban
303
Tree Ordinance- Memo
November 19,2014 Page 2 of 3
forest. Adoption of the revised code will allow for an official exemption from the County tree
removal permitting regulations, and also provide a potential urban forest management funding
source.
A discussion related to the City's tree ordinance was presented at the April 25, 2014
Neighborhoods/Community Affairs Projects Committee (NCAC) for further direction. At this
meeting, the Committee recommended moving fonrvard with a draft Ordinance to the full
Commission.
The Tree Ordinance was heard at the July 23,2014 Commission Meeting as a First Reading. lt
has since then, remained Open and Continued.
ANALYSIS
Public Works has attached a detailed explanation of the changes but the key revisions are
provided below:
o The regulation of tree services and arborists has been removed, as this section
would be better served for incorporation as a stand-alone ordinance to be
brought fonruard at a future date solely for this purpose.
. Changed the definition of Protected tree and all references have been replaced
with Non-Specimen tree for simplicity and to eliminate confusion. There are now
only three classes of trees: Heritage tree, Non-Specimen tree and Specimen
tree.
. Changed the size for a Specimen tree from 9 inches diameter at breast height
(dbh) to 12 inches (dbh). A drastic improvement from the Miami Dade County
definition of 18 inches (dbh) while still offering added protection and flexibility for
trees located on single family property.
. lncorporated the 25Yo canopy removal and root pruning 2 inches in diameter or
above section guidelines into new and existing sections to further enhance the
definitions of what is prohibited, while simplifying the processes for obtaining
approval from the Public Works Department to conduct the requested work.
o Created a Tree Trust Fund contribution table that more accurately reflects the
current Miami Dade County guidelines regarding calculating a dollar figure
contribution equivalent in lieu of installing replacement tree canopy.
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.
304
Tree Ordinance- Memo
November 19, 2014 Pase 3 of 3
CONCLUSION
The Administration recommends approving the Ordinance on the Second Reading and
implementation once final Miami Dade County approval has been obtained.
Attachments: Revised Draft Tree Ordinance, Highlighted Ordinance Changes List
JM/Mr/t0JF/MW
T:!AGENDA\20'l 4\November\Public Works\Tree Ordinance - MEMO.docx
305
Tree Ordinance Draft Revision Highlights lll3ll4
. b;Ci*#6,idefinitions - Hatracking dehnition changed to allow for an intemal
process in very select circumstances, where more than 25oh of a tree's canopy
could be removed with City approval.
o Protected Tree definition changed to Non-Specimen Tree to alleviate confusion
in the code and to separately define those trees that are not considered Specimen
trees but still subject to tree work permit approval. All references to Protected
Tree changed to Non-Specimen tree in the remainder of the code.o Specimen Tree definition changed from 9" dbh to 12" dbh. This is still a drastic
improvement from the County mandated 18" dbh, while offering added protection
for trees located on single {amily property.. S... 46-iii Purpose and InGnt
o Removed references to Protected tree and added Specimen tree, Non-Specimen
tree and Heritage tree to simplifu and eliminate confusion.
. Sec. 46-58 Scope, Exemptions and Prbhibited Species
o Changed section title.
o Deleted duplicate code references and added Non-Specimen, Specimen and
Heritage trees to requiring tree work permits.
o Moved Prohibited Species from Sec. 46-70 into Sec. 46-58 where it is more
appropriate to be listed following exemptions.
. i, ' Sec. 46-59, Tree work permit application processing, requirements and review
o Delete lb and lc, as lb is duplicated under Sec.46-62 (3) Root cutting, and added
new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is and
outlines a process whereby a property owner can obtain approval for removal of
greater than25o/o of a tree(s) canopy from the Public Works Director or hisiher
designee.
o 2b- Revised: "indicating the approximate location and disposition of the tree(s)
not necessarily prepared by a licensed professional." Changed to allow for simple
site sketches to be submitted by a property owner without the need or expense of
employing a licensed professional.
o 3. Review of Application- Deleted unnecessary language pertaining to outside
Department/Divisional reviews that are covered under their own separate code
sections.
c 4. Notice- Eliminated this Section as notice of an application decision can be
accomplished without requiring an official posting onsite saving significant
staffing time (email, phone call etc.).
o 7. Final Inspection- Language revised to allow for an exemption to be granted for
replacement or relocated trees located offsite if approved by the Public Works
Department.
. Sec. 46-60. Criteria and conditions for Non-specimen tree removal and
ielocation'
o 1. Changed Section title and all subsections incorporating Non-Specimen
designation.
306
a
o
a
Sec. 46-61. Criteria and conditions forthe removal of more ihan2l% of a tree's
Canopy or for cutting roots two inches in diameter oi larger.
Entire Section deleted as cutting roots is duplicated under Sec.46-62 (3) Root
cutting, and added new Sec. 46-62 (5) Tree pruning which defines what
acceptable pruning is, prohibits bad pruning practices and outlines a process
whereby a property owner can obtain approval for removal of greater than25o/o of
a tree(s) canopy from the Public Works Director or his/her designee. Simplified
process by removing tree work permit requirement and substituting determination
from the Public Works Department.
Sec. 4O-Ot iree Replacement
3. AdJilr;dd;l to Heritage tree replacement procedures.
6. Created new chart based on current Miami Dade County tree trust fund
contribution requirements ($40/100 square feet for regular trees and $80/100
square feet for Sp-ecimen trees) in lieu of the $1,000 per tree replacement figure.
.i,Sdc.-46jr60iiii. .il #'iid.geffi tUdtiti.a=.6 iie nti; roo-1 curting,'tree
relocatiohs and tree pruning.
Changed Section title adding Tree pruning.
Moved 2 (e) under 4Tree relocations and eliminated2 (f) as this is redundant and
already referenced in Sec. 46-59 (7) Final inspection.
Added new Sec. 46-62 (5) Tree pruning which defines what acceptable pruning is
and outlines a process whereby a property owner can obtain approval in limited
scenarios for removal of greater than25Yo of a tree(s) canopy from the Public
Works Director or hisftrer designee.
Sec. 46-63.. Heritage [rees.:S*1{d* 41$pffimgil1Ti6er Standarxs
Minor updates to Sec. #'s.
Sec. 46-65 Cityrof Miami Beach Tree Presbrvation Trust Fund
No changes.
:SeC,rr4et$6. -i'$,il-ilfrItb-i
,ffiUHrlniiii ao
Minor updales to,Sec. #'s.
:Sec';'46;6?;.'1,. j.8 pffii#iilftil$ffiaie*
Mino..1 .gpdat:: tg !- g,f,j
--{='
s
:isec=4 g p+xffifiN cig
Eliminated separate section and moved under Section 46-58.
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307
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
MIAMI BEACH GITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE II, "CARE AND MAINTENANGE OF TREES AND
PLANTS,,, BY AMENDING DIVISION 2, ,.TREES,,; TO AMEND THE
DEFINITIONS, PURPOSE AND INTENT; SCOPE,--+PPII€ B+tl+Yl+E EXEMPTIONS AND PROHIBITED SPE ; 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; DEFININGAND PROTEGTING HERITAGE AND SPECIMEN TREES;
ESTABLISHING A MIAMI BEACH TREE PRESERVATION TRUSTFUND; ; DEFINING
TREES CONSTITUTING A PUBLIC NUISANCE; PROVIDING FOR
APPEALS; ENFORCEMENT AND CIVIL REMEDIES;--PROI*IBITEDSPffi DUTIES AND AUTHORIry OF THE URBAN FORESTER;
AND PROVIDING FOR REPEALER; CODIFIGATION; SEVERABILITY;
AND AN EFFECTIVE 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 licensurefortreeremovalS,treerelocations,andregulationfor
installations of required tree canopy replacement; and
witn tne gity; effie
Y+e+a+b€€+#
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
308
WHEREAS, a Specimen Tree designation needs to be created to include alltrees with a
I diameter breast height (dbh) of !29" 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 GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Article II, 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 PROTECTION
Sec. 46-56. Definitions.
See, 16 57, Purpese,
Sec: 46 59: Appliea
Sec: '16 60: Plant
See, 46 62: Tree abu
See; 16 63: tethal v
Secs, 46 6{ '16 90, Re
Acf of God Natural occurrences includinq. but not limited to, hurricanes. tornadoes, liqhtninq
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 .
309
Arborist; An individual who is a specialist in the care and maintenance of trees
and is certlfled with the Ame a Certified Arborist bv the International
Societv of Arboriculture (lSA).
Caliper refers te the : A measurement of trunk diameter of nursery trees, measured 6 inches
above the oround for trunks with a tre+i++egards-tediameter of 4 inches or less, and 12 inches
above the thiekness.ef qround for trunks with a diameter larqer than 4 inches.
Consu/frnq Arborisf: An individual who is a specialist in the care and maintenance of trees and is
a Reqistered Consultino Arborist certified bv the American Societv of Consultinq Arborists
(ASCA)
CrTrcal 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 frerngrade; above the qround er diameter at brea . The measurement of those
trees with multipletrunks shall be the sum of the diameters of all trunks at 4 % feet above the
qround.
Drip4ine; shall mean an imaginary vertieal line te the greund whieh is adjaeent te the eutermest
leaves ef the erewn ef the tree, An imaoinary vertical line runninq 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 averaqe diameter of the existinq 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, damaoe inflicted upon the
root svstem bv heavv machinery, excessive root removal or cuttino, excessive trimminq
includino hatrackino, removal of live palm fronds oriqinatinq above the horizontal plain, tears
and splittinq of limb ends or peelino and strippins of bark caused bv improper tree and palm
pruninq techniques not in accordance with the latest edition of the American National Standards
lnstitute (ANSI) A-300 prunino standards, use of climbinq spikes on trees or palms not
desiqnated for removal, trenchinq or excavatino in the critical root zone, chanqino the natural
qrade above the root svstem or around the trunk, damase 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 qirdlino, spikinq and
bark removal, or the removal of sufficient canopv to cause the unnatural decline of the tree.
Gfdlrnq: The removal of a strip of bark around a tree trunk or a branch of a tree.
Hatracking. is-a+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 severinq the leader or leaders, or to prune a tree bv stubbinq off
branches three (3) inches or oreater in diameter; or to remove more than 25 percent of a tree's
canopv vdthout Citv aooro ze 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.
Hefltaqe lree: A tree so desiqnated bv the Citv of Miami Beach Mavor and Commission
because of its unioue or intrinsic value to the communitv with reoards to its historic value, size,
aJ
310
aqe, location, distinctive form, exceptional characteristics, ecoloqical value or other relevant
criteria.
ef its age and size eempared te ethers ef the sarne Weeies,
Nenvrable refers te when leping,
Parkway ls a bread landseaped sublie thereughfare,
Private tree is a tree that belengs te an individual persen' eempany er interest and is leeated en
private+repe*y--lout, in-seme-eases; may be visible er aeeessible te the publie,
Prohtbffed 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.
Non&eennea Pre*ected-I{ree: Anv tree that is not desionated bv the Citv of Miami Beach as an
exempt tree. and which:
Ej*€ia€+e+affiiFlE+€+i€{
+ a-is loeate(Lqn_zubliq land or zoninq districts other than sinole familv districts, havino no
less than a three (3) inch DBH or ten (10) foot mature heiqht: ore b. is a replacement nv non-exempt tree that is represented or identified in a
planning or development document for the purposes of securino an aporoved Citv
buildinq or demolition permit.
Profecfive barrier Fences or like structures at least four (4) feet in heiqht that exclude damaqe
or disturbance to trees and tree roots on construction sites.
Prunrnqlfflmmmq: 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 tl"at is aeeessible te er shared by all members ef the eemmt+nity and is
usually planted en a eity right ef way er in a eity park,
er dying tree; a tree er limb(s) that ebstruet street lights, traffie signs, the free passage ef
Publtc nuisance free: A dead or dvinq tree, or a tree with an infectious dlsease or insect
infestation, or a tree that poses a threat to public safetv or the health of other trees in the
vicinitv, as determined bv the Citv of Miami Beach's Public Works Director or his/her desionee,
who shall be the Citv's Urban Forester.
311
Speeies is a elass having eemmen attribute+ and designated by a eemmen name and similar
ferm,
Specimen lree: inguishing large
eharaeterusually measuring 18" ermere; in diameter, l%'abeve greund level, Atreewith an
individual trunk that has a DBH of twclveahe (129) inches or oreater, or anv multiple{runk tree
in which the sum of the diameters of all the trunks at DBH is twclvenine (129) inches or oreater,
but not includinq non-native species of the genus Ficus.
Sprkrnq: The insertion. whether verticallv or horizontallv, of foreisn obiects into the trunk of the
tree or its root svstem with the intention of killinq the tree.
Topping; refers te a prunir€ preeess te flat eut the tep ef a tree er te remeve mere than ene
third ef the tree ereram, See Hatrackino.
Vrab,e means eapable ef living; grewing and develeping,
Iree Service: Anv business, entitv. or individual who accepts or solicits compensation for
trimmino, removino or relocatinq 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 specialized knowledoe of urban forest
manaqement, arboricultural and horticultural practices. who has been desionated to manaoe the
Citv of Miami Beach's urban forest bv the Public Works Director, to provide direction for tree
olantino, maintenance. removals, and all arboricultural practices and tree-related activities. and
to carrv out the enforcement of this Division.
Sec. 46-57. Purpose4g!-lqlq!
The use ef trees en eity readways shall be eneeuraged by the eity threugh its departments and
regulatery review preeess, A
uniferm eentinueus speeies shall be premeted fer the entire length ef a eity street in erder te
seape and te eneeurage etabilizatien and the
inerease ef preperty values, At times; it may be apprepriate te mix varieties when ereating a
street tree planting seherne, Trees will alse be planted fer purpeses ef beautifieatien, air eeeling
and purifieatien; and neise abatement, Te preteet and preserve existing trees h the path ef
develepment Te eneeurage the planting ef apprepriate speeies en er adjaeent te the publie
und
fer the ameunt ef easement spaee available, Tree plantings shall net eempremise the publie
safety by impeding site lines at any publie readway, path, sidewalk er driveway,
)
It is recognized 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 enerov
bv reducinq air conditionino 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
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, requlations and standards to ensure that the Citv of Miami Beach, its residents and its
visitors will realize the full benefits of a healthv, well-manaqed urban forest. The provisions of
this Division are enacted to:
5
312
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 aqe classes to provide a stable and
sustainable urban forest.
3. Minimize the removal or loss of Non-Soecimen. Soecimen and Heritaoep+eteeted trees.4. Require mitiqation for the removal of Non-Soecimen. Soe
trees on public and private propertv.
5. Establish procedures to desiqnate and protect Heritaoe 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 throuoh
qood manaqement practices.
7. Minimize maintenance costs and damaqe to sidewalks, streets. and other infrastructure
bv plantinq tree species that are appropriate for existinq 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 applieability: and Exemptions and Prohibited Soecies.
Treee that are the subjeet ef review under this divisien shall inelude these trees en all publie andpri@esignated fer transplanting' pruning, releeatien er remeval, Trees
ve a diameter ef 19 inehes er
is
divisien shall apply te all trees; ineluding these leeated en the publie right ef way, regardless efsi ing distriets as speeified abeve,
It shall be unlaMul for anv person, unless othenruise permitted bv the provisions of this Division,
to perform tree removal work or effectivelv destrov anv Non-Soecimen tree*lspegimen__lree_et
Hertage-tree located within the boundaries of the Citv of Miami Beach, on either public or
private propertv, without first obtaininq a tree work permit.
exFresslY exemFt i+
Trees thet are leea€€€€i ie**
p€+Bit shall be reeHir
Psb+i€-Werks-BepartmenL All ma
rcqsi#'lmpter 2 I ef the G
amesd€+
+LEXSnptions
313
The followinq shall be exemot from the provisions of this Division, and do not require a
tree work permit:
a. Removal of prohibited species 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 apolv 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 obtaininq a tree work permit: provided that the owner of the
propertv can establish that such hazardous condition(s) existed prior to the removal.
d. Removal of trees within the vard area of an existinq sinqle familv residence: provided
the trees are not Specimen Trees with a DBH of nine (9) inches or qreater. This
exemption does not applv to trees that are growinq on public riqhts-of-wav adioininq
existino sinqle familv residences.
e. Removal of trees within licensed plant nurseries and botanical qardens. provided
such trees were planted and are qrowinq for the displav, breedinq, propaqation, sale
or intended sale to the general public in the ordinarv course of business.
f. Removinq, trimminq, cuttinq or alterinq 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.
2. Prohibited Soecies
fnis Oivision inco
Miami-Dade Countv Code. lf oresent on a develooment or redevelooment site. thev shall be
removeO orior to Oe
imoortation or transoortation is orohibited. The onlv exceotions to this shall be if the
oarticular site contains prohibited soecies trees that have been desionated as Heritaoe trees
or are located in a d
variance from the r
nas Oeen oOtaineO.
be required for the removal of anv orohibited soecies in accordance with Citv of Miami
Aeacn CoOe Sec. ttA
snatt invotve revl
amended from time t
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 emerqencv bv the Citv or other
qovernmental authoritv, followinq an extreme weather event or other disaster.
Nothinq in this Division shall be construed to prevent the prunino or trimmino of trees on
private propertv where necessary for proper landscape maintenance and safetv; provided
314
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.
measuring 18 inehes er greater at DBH shall inelude:(1) An applieatien ferm aequired frem the publie werks department, whieh will aet as the
lead ageney, The eempleted applieatien will then be preeessed threugh the planning
ing
permi , A review by DERM will net
be-rcq+r{re4
(3) lf deemed neeessary; a phetegraph; ef adequate quality, ef the tree prepesed fer review,
( l) Fer eemmereial and multi ramily preperty; a eepy ef the preperty survey with a marked
single family preperty; a site sketeh indieating the apprexirrate leeatien ef the tree is required,(5) A written deseriptien ef the prepesed tree werk,(6) A tree maintenanee eempany whieh is state licensed and insured shall shew preef ef
ien=
When an applieatien is deemed te be eemplete and is appreved by the pub{ie werks
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 btrden a
eeenemie use ef their preperty,
Sec. 46-59. Tree work permit application processinq. requirements. and review.
1. Permil when requfed. A tree work permit shall be required:
a. for the removal or relocation of anv Non:Spgeimen tree, Soecimen tree or H
trcq within the Citv of Miami Beach that is subiect to review as specified in section
46-58=++
€ef;€€+€#€+fee#
ne permit shall be
@
No person. aoent or representative thereof, directlv or indirectlv, shallM#aop+=etcut down, remove, relocate, or effectivelv destrov anv Non-Soecimen,+
Soecimen or Heritarc tree situated on anv propertv described in Sec. 46-58,=e+rceE
without first obtaininq a tree work permit as hereinafter
provided. No buildinq permit shall be issued bv the Citv's Buildinq Department. and no riqht-
of-wav permit shall be issued bv the Public Works Department, for anv work that has the
ootential to affect trees, includinq new construction, additions, carports. pools, decks,
fences, drivewavs, parkinq 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.
315
2. Applicaflon requiremenfs. 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 indicatinq the reasons for the removal or relocation of each tree#
remevine mere than 25 ,Httine reets twelrc and shall describe the proposed tree work. The followinq documentation and anv
applicable fees shall accompanv applications:
a. Applications for all locations except for existinq sinole familv homes. Apolications for
tree work, in coniunction with anv new construction. includinq new sinqle familv
homes and additions, shall include a tree survev drawn to scale identifvinq the
species and listinq 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 specifvino the condition of
each tree and whether such trees are to remain, to be removed g; to be relocated=
iM 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 existino
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 existino sinqle familv homes. Applications for tree work at existino
sinqle familv homes. shall require a site sketch indicatino the approximate location
and disposition of the tree(s)*
€h#
c. A tree replacement plan prepared in accordance with Sec. 46-613.
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.
+-Revtew of applrcafton. Up
Department shall review the application for compliance with the reoulations as set forth in
this Division. Such review maysha# include a field inspection of the site== #
referral ef the appl
ae€*e*
ffi i€
he Public Works Department shall issue an
intended decision approvinq. denvinq or approvinq with conditions the application within
thirtv (30) calendar davs from the date the application is deemed completed.
+-3.
irtended deeisie
#ithin twenty feH
+ 4-lssuance of permd. 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
316
completed within one vear from the issuance date, the permit shall become subiect to
revocation.
+ 5--Eees-Eees_[qr tree work permits shall be established bv the Citv Commission.
Aoplications from qovernment aoencies 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.
+ 6-Frnal rnspecfion. No later than six (6) months followino the completion of the
authorized work, the applicant shall schedule a final inspection with the Public Works
Department for verification and acceotance 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 proiect area shall be replaced, if thev are not alive and viable
one (1) vear after the final inspection. The final inspectl
or retocateO trees
written aooroval
Remeval ef the fellewing plants is permitted witheut an applieatien, but requires a site visit, All
prenibite+(1) Aeaeia aurieulea 'Fermie', Earleaf Aeaeia
(3) Arauearia heterephylla; Nerfelk lsland Pine
ine
(7) Melaleuea quinquenervia, Paperbark Tree(8) Metepismtexiferum'PeisenWeed
(11) Sehefflera aetinephylla, Queensland Umbrella Tree(1^) Sehinusterebinthifeliue, Brazilian Pepper
€+tth
Sec. 46-60. Criteria and conditions for NotSpecimen-tree removal and relocation.
1. Crifena for Neon-S€Becmen free removal. No tree work permit shall be issued for \len:
Speejmen tree removal from the site. unless one of the followinq criteria exists:+ The Non:Speetmen tree is located in the proposed buildinq footprint or vard area where
a structure or improvement mav be placed and unreasonablv restricts the permitted use
of the propertv. Non-Soecimen t*rees bcated in the propertv frontaqe (within the Citv of
Miami Beach's required setback), shall not be considered to be located within the
buildinq footprint or vard. Non:Spcqmenl+rees on the public riqht-of-wav shall not be
considered for removal as a result of restriction to or from ingress or eoress 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 drawinos must include all existinq trees on the private propertv and
10
317
public riqht-of-wav accuratelv drawn to scale. Authorization to remove NooSpceil"ncn
trees. includinq rioht-of-wav Non:Speemnen trees, shall be approved prior to issuance of
a buildinq permit.
b The Non-Specimen tree amaqed or in danqer of fallinq: interferes with
utilitv service: creates unsafe vision clearance that cannot be corrected throuoh prunino
without effectlvelv destrovino the tree; or materiallv impairs the structural inteqritv of an
existino structure.e The Non$peeimen tree is an undesirable or non-native tree species and will be
replaced with a South Florida native tree species to promote qood forestry practices, or
is an undesirable or non-native species and interferes with native tree species.+ The Non:Speeirren 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 Neon-Sqtecimen trees.
a. The applicant mav be required to redesiqn the proiect to preserve Neon-Sepecimen
tree(s),
article.
b. Where practical, as determined bv the Public Works Director or his/her desionee,Manv Non-Soecimen T
hh*e+i=ia#+*m#bane+ 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 4-300 Standards.c. lf the Public Works Director or his/her desionee determines it is not reasonablv possible
to relocate such Non:SBeelmenltree(s) either on or off-site, because of aoe, tvpe, size,
or condition, the applicant shall be required to replace all Non$pcdmcn trees permitted
to be removed in accordance with the tree replacement requirements in Sec. 46-6L2.
d. The Public Works Department mav require that the applicant provide a written report
from an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist before
makino anv determinations in coniunction with this Section. The Public Works
Department mav also require monitorinq bv an ISA Certified Arborist and or ASCA
Reqistered Consultinq Arborist durinq construction to assure Non:Speeilrcn tree
preservation.
See, 46 61, EnfereemenUeivil remedies,
The eity's parks maintenanee divisien; publie werks department, and the envirenmental reseuree
ing+rt*nin$
eutting and preteetien ef kees eitywide, The eest ef repair er replaeement, er tl"r+appraised
dellar value ef sueh tree, shall be berne by the party in vielatien,
enfereement as set ferth in seetiens 30 71 threugh 30 80 ef the Miami Beaeh City eede,
$15;000,00 fer eaeh vielatien, ln additien; maximum eests may be in the ameunt whieh is
ll
318
ln additien te any ether remedies previded by this divisien, the eity shall have the fellewing
i +veien er any permit o
under this divisien:
(1) The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te establish liability
terms ef this artiele, ln additien; the eity shall be entitled te reeever its atterney's fees and eests,
Heurever; the eeurt may reeeive evidenee in mitigatien, Eaeh tree unlaMully remeved under theprevisi vielatien hereunder, ln additien, the eity
(3} The eity may institute a eivil aetien in a eeurt ef eempetent jurisdietien te seek injunetive
iniun++ve retiet te prev er preperties m
fer estting reets fu
fer euttine reets iae
er*e+h#*S+
€Fimprevement maY
reeuired setbaek)i s
Yard: Trees en the
h€wever, that if the
FrepertY frem the pH
his/her desi€nee
eld
i*
diameter er lareer
bs+ld+n€-€erffii+
se*'i#a*
re+is++ne=+*r#
imen
Treesr Heritaee Tr
Direeter er his ie++i=+
tree(s) and desis
t2
319
prepesed plan: Fe+
to Af'lSl ffigg Stand
^39+
The Ameriea
Shrub, and eher i*
l*+tten repert frem
GensHltine Arbe b
lgA Gertified Arbe ige
i€+
ie+
It shall be unlawful te abuse any tree leeated within the beundaries ef the eity ef Miami Beaeh,
(1) Damage inflieted upen any part ef-a tree' ineluding its reet system, by maefrinery,
meehanieal deviees; seil eempaetien, exeavatien, intentienal vehiele abuse, ehemieal
ien=
(3) Cutting upen any tree whieh destreys its natural ehape, sueh as tepping er hatraeking,
( l) Fastening any eign' repe' wire er ebjeet by nail' staple, ehemi€al substanee, er ether
e te the tree,
(5) Any pruningr er eutting; in vielatien ef the praetiees established by the Natienal Arberist
Asseeiatien=
Sec. 46-613. Tree replacement.
1. Iree replacemenf charf. The tree replacement chart. below. shall be used to determine the
total number of trees that must be planted for the replacement of those Non-Soecimen trees
permitted to be removed. A tree replacement plan shall be submitted to the Public Works
Department as part of the tree work permit application process that shall include the number
of trees, number of species of trees and size of trees proposed for plantinq. The
replacement trees are based on the total square footaoe of the Non-Specimen tree
removed, and such measurement is accomplished throuqh the use of aerial photooraphv,
on-site inspection and or review of a submitted tree survev. Canopv measurement shall be
rounded up to the nearest foot. Refer to Sec. 46-64€ Specimen Tree Standards for tree
replacement requirements for Specimen trees and refer to Sec. 46
reotacement requl
a) Tree replacement chart.
13
320
TABLE INSET:
Replacement Tree
Cateoory
Canopv Credit in Square
Feet
Cateqorv 1 Tree 300
Cateoorv 2 Tree 150
Cateoorv 3 Tree 100
Cateqorv 4 Palm 50
The Public Works Department shall maintain a list of approved species for each cateoorv of
replacement tree. This list mav be amended from time to time, as necessarv. Replacement tree
heiohts shall be determined bv overall heioht measured from where the tree meets the oround
to the too-most branch. All cateqorv 1 trees shall be a minimum of twelve (12) feet in heioht at
the time of plantinq with a 2-3" minimum caliper. All cateqorv 2 trees shall be a minimum of ten
(10) feet in heiqht at the time of plantinq with a 2-3" minimum caliper. All cateqorv 3 trees shall
be a minimum of eiqht (8) feet in heiqht at the time of plantinq with a 2-3" minimum caliper. All
cateoorv 4 palms shall have a minimum (6) foot clear trunk.
2. Iree species and drversrty sfandards. Tree(s) installed as replacement trees shall be tree(s)
of native or non-native species and shall be planted accordino 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 len (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
01--20 2
21--50 4
51 or oreater 0
The number of trees of each species planted shall be proportional to 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 reolacement trees for such native trees shall be native to South Florida. South
Florida is qeoqraphicallv defined as the Southern tip of Florida South of Lake Okeechobee and
includes hardiness zones 10 & 1 1 .
3. Prohrbited species. Replacement trees shall not be required for the removal of anv
prohibited species, and no fees shall be charoed for removal of prohibited species.
However, Miami Beach Historic Preservation Board approval is required before anv
t4
321
Specimen tree, includinq prohibited species, is removed from public or private propertv
within a desionated historic district.
4. Iree quarTy. 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
in the most current edition of 'Grades and Sfandards for Nursery P/anfs, Parf / and
//, " prepared bv the Florida Department of Aqriculture 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-sife 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.
L Citv of Miami Beach Tree Preservation Trust Fund.ln those circumstances that the total
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 in
accordance with th
{$4=€€€€€} for each $*po=jaeh€BH tree required as replacement trees in accordance with
Sec. 46-612. The fee allocated to the Tree Preservation Trust Fund mav be reviewed
oeriodicallv bv the Citv Commission to reflect cost of livino adiustments andior market
conditions. and mav be modified bv approval of the Citv Commission. ln establishinq and
reviewino fees, the Citv shall consider the cost of material, labor, transportation. plantino.
waterinq and mortalitv rate of replacement trees.
a! free trust tuna con
e
TABLL INSE'[:L
eanoBvlvBe Contribution amount
Reoular tree canoov reolacement Fortv dollars ($40) oer 100 souare feet
Soecimen tree canoov reolacement Eiqhtv dollars ($80) oer 100 souare feet
e Complefion. The replacement tree process must be completed prior to the issuance of a
certificate of occupancv or temporarv certificate of occuoancv, and in accordance with the
specific conditions set forth and identified in the tree work permit.
ie++isane+
The retentien and maintenanee en prlvate preperty ef palm trees that have been killed, er that
e
dying; palm trees is alse deelared te be unlawful, The eity is hereby autherized and empewered,
15
322
State law referenee tethal yellewing, F,S, S 187,161 ,
Sec. 46-6?3. Tree preservation and protection requirements. root cuttinq.<lf,d tree
re I o cati o ns_and_.lree_pruning.
1. Tree protection requirements durinq construction
a. General. All reasonable steps shall be taken to prevent the destruction or damaoinq
of trees for which no tree work permit has been issued durinq site develooment and
construction on private or public propertv. Anv owner, tenant, contractor or aoent
thereof who fails to provide tree protection, as set forth herein. shall be subiect to
enforcement as provided in Sec. 46-62& Trees destroved or incurrino maior damaqe
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 damaqe the root svstems or canopies of trees to be retained or
relocated on site, alternatives to the proposed activities, or effective protective
measures, shall be identified and used.
b. Permlconsfrucfion drawnqs. 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
underqround utility installations, includino but not limited to, irriqation, plumbinq,
electrical. telecommunication or streetliqht lines. The tree protection zones shall be
shown on all drawinos 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 liohts, overhead wires or other tvpes of infrastructure.
2. Tree protection soecificationwi
The followinq tree protection 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 oreater. The fenced
tree protection zones shall be extended where necessarv to protect tree
canopies roots. lf trees are to be preserved in place and root pruninq is
required to accommodate new construction. the root pruninq locations shall
r6
323
be identified and approved bv the Public Works Department, and fencinq
shall be installed one (1) to two (2) feet bevond the edqe of the root ball. The
installation of the fencinq shall be coordinated with anv phased root prunino
that must occur. Tree maintenance measures must be in place prior to anv
root prunino 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 throuohout 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 temporary barriers shall be installed around all
tree protection zones. Barriers shall be a minimum of four feet hiqh. and shall
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) Understory 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 orotective 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 qrade shall be maintained on areas surrounded bv protective barriers.
ln the event that the natural grade of the site is chanqed as a result of site
development such that the safetv of the tree mav be endanqered, tree wells
or retaininq walls are required.
v) Onlv hand diooinq and qradins activities will be permitted within the tree
protection zone. All surroundinq areas must be oraded to a point that meets
the outside of the tree protection zone
vi) Underqround utilitv lines. includinq, 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 damaqe shall be minimized bv usinq techniques such as tunnelino,
hand dioqinq, 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
pretee*ed tree to remain in olace ies. Post
holes and trenches located close to trees shall be duo bv hand and adiusted as
necessary, usinq techniques to avoid damaqe to maior roots svstem.+ No attachments or wires other than those of a protective or non-damaqinq nature
shall be attached to anv trees durino site development or construction.+ P,eloeated trees sh
+d- ntl trees ptanteg ive
a€€€#+
17
324
3. Root cuttinq
, The cuttinq of roots with a diameter of two inches or larqer is prohibited, unless there is no
I
, desionee. The Citv mav reouire that construction activities, such as trench lines and walkwav
I construction, be redirected awav from tree rootzgtesg.
Root cuttinq shall be done accordinq to approved techniques as outlined herein:
a. Trees shall be evaluated bv the Urban Forester to determine whether the root cuttino
will destabilize the tree or cause unacceptable damaqe to the tree.
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 {BBH} 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 power equipment, and cut roots shall not be left with
ripped, raqqed or shredded ends. Roots must be cleanlv severed with sharp hand
tools or power root saws.
d. When tunnelino or othenrvise avoidinq 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 oreater 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 qrade chanoes,
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 qrades,
respectivelv. After root prunino, no excavation for the installation of forms or for anv
other reason mav be performed anv closer than six inches outside of the root pruninq
cut. The root prunino trench shall be backfilled with soil.
4. Tree relocations
a. lrriqation must be present and applied effectivelv for two to four weeks prior to root
pruninq, throuqh the period of root pruninq. and after root pruninq and
transplantation until the tree has been completelv reestablished at the new plantino
space. lrriqation shall be operated automaticallv with water beinq 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
temporary disruption in automatic operation shall be supplemented bv hand
waterinq.
b. There should be no canopv pruninq or a minimum of canopv pruninq before or after
root prunino. 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 duo
and lifted to ensure that the tree is properlv hvdrated, and to improve cohesiveness
of the root ball.
d. All pbptin+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 4-300 Standards. This requirement
includes all procedures, techniques, standards for minimum root ball size, and anv
other standards included in ANSI A-300 Standards.
18
325
+.e= Relocated trees sh
oerforate, or otne
e
a ie--er--are
c'-:ae
5. Tree orunino
free orunino is to O
horticultural orac
Oestroy a tree(st a
neoative imoacts to tree canoov.
free canoov removal
asoutlinedherein:
a, fne tree is tocateO
structure or impro
use of tne propen
geach's reouired s
tootprint or varO.
ot more tnan ZStZo ot a
egress to the oarag
otner reasonaOte a
right-of-wav. as de
nutnorization to r
trees must Oe rece
b. fne tree is Oisease
service; creates u
of an existing stru
e. tt tree oruning_ is r
Oepartment may reou
CertifieO nrnorist
Oeterminations in
atso reouire monit
Consuttino nrOorl
imolemented.
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 thesek; subsections, or that, due to exceptional
circumstances, it is not practical or reasonable to meet the reouirements of this section.
Sec. 46-634. Heritaqe trees.
1. Desrbnafion: Heritaqe ttrees shall be those trees or qroupinq of trees desionated bv a
resolution of the Citv Commission in recoqnition that the trees or groupinq of trees are of unique
or intrinsic value to the qeneral public. Trees of anv species, includinq prohibited species, mav
19
326
be desiqnated as Heritaqe tTrees, provided thev meet the required criteria. Trees mav be so
desionated, if one of the followino criteria applies:
a. lt is an historic tree or qroupinq 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 oroupino 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 beinq the larqest of its species within the state or bv the American
Forestrv Association as beino 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 makinq an application to the Public Works Department or, on Citv owned
propertv bv the Citv. Desiqnation 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 desiqnate a tree(s) as a Heritaqe t*ree. The desiqnation of anv
prohibited species as a Heritaoe 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 desiqnation bv the
Citv Commission of the Heritaqe tTree. A listinq of desionated Heritaqe t*rees, includinq the
specific locations thereof, shall be kept bv the Public Works Department.
2. Protecfion: Anv tree or qroupinq desionated as a Heritaqe !*ree shall be subiect to the
provisions of this Code.
a. All areas within the drip-line of a Heritaqe !*ree 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 Heritaqe t*ree, and for the duration of such
activitv, protective barriers required bv Sec. 46-623. Root cuttino 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 qreater.
c. Where development activitv or other potentiallv disturbinq activitv is permitted within
the drip-line of a Heritaqe t+ree, the Urban Forc
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 t*rees.
3. Removal: No tree work permit shall be issued for removal of a Heritaqe t=ree without a
written evaluation bv an ISA Certified Arborist and or ASCA Reqistered Consultinq Arborist
demonstratino 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.
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 tlE[ees__lmug!__be
approved bv the Citv Commission and the replacement shall be determined bv the Citv
Commission.
Sec. 46-645. Specimen tree sta
327
1. Specimen 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 followinq factors in evaluatinq an application for the renewal of Specimen tree(s):
a. Size and confiquration of the propertv; and
b. Size and confiquration of anv proposed development: andc. 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: andf. 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 prooosed 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 scope 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. Specmen free relocafion. lf preservation of the Specimen tree and anv alternate desion
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 46-623.
4. Removal 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 reouiremenfs 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 46-612. 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
plantinq 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+Sf+ for each S*e.jneh#BH tree required as replacement trees in accordance with the
Section 46-612.
6. Exemptions from Specimen tree replacement requirements. An aoplicanl mav be exemol
from the Specimen tree replacement requirements of Section 46-645, but subiect to the tree
replacement requirements in Section 46-613. under the following circumstances:
a. The submittal of a tree appraisal report or tree risk assessment report from a
landscape architect reqistered in the State of Florida, ISA Certified Arborist or an
21
328
ASCA Reoistered Consultinq Arborist that states that a Specimen tree, due to
disease, condition, qrowth habit or anv other reasonable botanical factor, does
not provide the aesthetic or environmental contribution associated with a
Specimen tree. The report shall include the specific reason(s) for the claimed
I exemption from the provisions of SeCtion 46-645; 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 existino 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.
I Sec. 46-65€. GiW of Miami Beach Tree Preservation Trust Fund.
1. Esfab/ishmenf of frusf; There is herebv created the Miami Beach Tree Preservation Trust
Fund (the "Trust") for the purpose of acceptinq and disbursinq 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 planting
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-perpetuatinq 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 plantinq. establishment or preservation of trees as
desiqnated in this division, bv the Public Works Department on publiclv owned land, and upon
approval of the Citv Commisslon. Trust funds will be used to obtain trees, landscapinq. irrioation
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 publlclv owned land
in Miami Beach.
4. Tru st administration:
a. Trust funds shall be expended, utilized and disbursed bv the Public Works
Department, upon approval of the Citv Commission, for the purposes desionated 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
Manager, who shall promptlv deliver to the Department of Finance, which shall cause
the same to be credited to the Trust.
d. The 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 or
publiclv accessible parcels in Miami Beach. These funds mav also be expended bv
the Citv of Miami Beach for the Adopt-a-Tree Program, or similar proqram approved
bv the Citv Commission.
329
Sec. 46-667. Trees constitut 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 tratfic sions, 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 occupvino 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 4-300
Pruninq Standards (oad 1), or treat 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 mitiqation shall be required in accordance with Sec. 46-619 Tree
Replacement and Sec. 46-645, Specimen Tree Shndards, 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 postins 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.
Sec. 46-628. EnforcemenUcivil remedies.
Enforcement and Penalties.
(a) Civil fine for violators. The followino 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 -$1 000.00;
(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 followinq civil fines must be imposed for a violation of this
Division. except for those penalties set forlh 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 Code Compliance Department shall enforce the provisions of this
Division. This shall not preclude other law enforcement aqencies or requlatory 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 paving the fine, notice that the Violation mav be appealed bv requestinq 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
23
330
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.
(l) A violator who has been served with a Notice of Violation must elect to elther:
a. Pav the civil fine in the manner indicated on the Notice of Violation: or
b. Request an administrative hearinq 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 hearino of the Notice of Violation
shall be as set forth in Sections 30-72 and 30-73 of the Citv code.
(Q lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine, or fails to timelv request an administrative hearinq 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 officer
within the prescribed time period must constitute a waiver of the violator's
riqht 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 accordinolv.
![ 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 iudqment bv the sheriffs of this state, includino lew aqainst the
violator's real or personal propertv. but shall not be deemed to be a court
iudqment except for enforcement purposes.
(!) Anv partv aqorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(Q) The Special Master shall be prohibited from hearinq the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearinq, if the violator has failed to request the administrative
hearino within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Special Master shall not have discretion to alter the penalties prescribed
in Subsections 46-6Z8 (a) and (b) herein.
(g) 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:
(lf Enhanced Penalties for Subsection (a):
ls) 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
24
331
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):
(g) lf the offense is a fourth offense within the precedino 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
receivino a Tree Work Permit for a three (3) month period of time.
(b) lf the offense is a fifth offense within six (6) months followino the fourth
offense, in addition to anv fine set forth in subsection (b), the oropertv
owner. tree services companv permittee or anv affiliates shall be
prohibited from receivinq a Tree Work Permit for a six (6) month perlod of
time. The propertv owner. tree services companv or permittee shall be
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.
See, '16 71, Prehl +e€r
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Secs. a6@,- 46-90. Reserved.
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25
332
SECTION 2. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re;lettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SEGTION 4. SEVERABIL!ry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2014.
ATTEST:PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CIry CLERK
First Reading:
APPROVED AS TO FORM &
LAr)9uflGE & FQR FXECUToN
/-..g--l- t)"^\- $r( r, 1
second Reading: city nttorney $ EJt" \
Verified by:
Underscore denotes new language
S+rit<e+nreugh denotes stricken lan g uage
nea print anO OouOlm denotes new language between first and second
reading
denotes stricken language between first and
second reading
11113t2014
26
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THIS PAGE INTENTIONALLY LEFT BLANK
335
COMMISS]ON ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to the Land Development Regulations
ining to the sunset provision for Parkino District No. 5.
AGEttlDA,r.* RS D
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance amendment would remove the sunset provision for the parking requirements
in Parking District No. 5.
On October 22,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for November 19,2014.
The Administration recommends that the Citv Commission adoot the Ordinance.
On September 23, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2212).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\2014\November\Sunset Harbour Parking District 5 -2nd Reading SUM
MIAMIBEACH olrre ll-18'lY336
MIAMIBEACH
Cify of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER I30, "OFF.STREET
PARKING," ARTICLE ll "DISTRIGT; REQUIREMENTS," SECTION 130-33,..OFF.STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS
NOS. 2, 3 4, 5 AND 6," BY AMENDING THE SUNSET PROVISION FOR
PARKING DISTRICT NO. 5; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On December 12, 2012, the City Commission adopted an amendment to the Land
Development Regulations, establishing Parking District No. 5 in the Sunset Harbour
area, which reduced or eliminated required parking for small commercial businesses.
The subject ordinance also set lower thresholds for Neighborhood lmpact
Establishments (NlE), requiring Planning Board review of restaurants over 100 seats
and/or 125 persons occupancy (the current review threshold city wide is for 300 persons
or more occupancy). On June 5, 2013, the Commission adopted an amendment to
Parking District No. 5, which provided for parking reductions in certain types of 'live-
work' and residential parking uses.
At the time of adoption of the ordinance in 2012, the Commission included a 2 year
sunset provision and made a referral to the Land Use and Development Committee
(LUDC) to review the impact of the ordinance within eleven (11) months of its adoption.
On January 22,2014, staff presented a status report to the LUDC; the LUDC scheduled
another progress report in six (6) months, specifically to address the sunset provision of
the code.
On September 3, 2014, the LUDC recommended that the sunset provision for Parking
District 5 be removed from the code and that a progress report on the District be
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
November 19,2014
Sunset Harbour Parking District 5
EADING - PUBLIC HEARING
337
Commission Memorandum
Ordinance Amendment - Sunset Harbour Parking District 5
November 19, 2014 Page 2 ol 2
provided within one year.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYSIS
The reduction of parking requirements in the Sunset Harbour area was necessitated by
the extreme difficulty of actually providing parking on-site within this constrained
neighborhood. The policy of reducing parking requirements for small businesses was
warranted given that the Sunset Harbour garage is operational, which has provided
adequate infrastructure parking to support the surrounding neighborhood's burgeoning
growth of small, resident-oriented businesses.
The development of slightly larger projects is still required to provide parking; however,
these particular projects are permitted to pay a fee-in-lieu of providing parking on site.
Large developments in excess of 15,000 square feet continue to be required to provide
parking on-site or within 500 feet. The cutoff for the parking reduction is 3,500 square
feet per business, with a maximum aggregate of not more than 10,000 square feet of
total area for one building. Similar thresholds apply to restaurants.
The adopted ordinance included a 'sunset' clause for the reduced parking requirements,
which would apply to any new application submitted more than two (2) years after the
adoption of the ordinance. Specifically, Section 130-33(bX5) states that: "The parking
requirements in this subsection (b) shall only apply to projects that have obtained a
building permit or land use board approval by December 22,2014".
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration 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 a negative fiscal impact upon the City.
SUMMARY
On October 22,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
,,Rr^,,**
T:\AGENDA\2014\November\Sunset Harbour Parking District 5 - 2nd Reading MEM.docx
338
PARKING DISTRICT NO. 5. SUNSET HARBOUR
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 130,
"OFF-STREET PARKING," ARTICLE ll "DISTRICT; REQUIREMENTS,"
SECTION 130.33, "OFF.STREET PARKING REQUIREMENTS FOR
PARKING DISTRICTS NO',S. 2,44,5 AND 6," By AMENDING THE
SUNSET PROVISION FOR PARKING DISTRICT NO. 5; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILIW; APPLICABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbour neighborhood, as delineated by the boundaries
in this ordinance is a neighborhood in transition from the light industrial uses that
originally occupied the area, to an area of mixed uses; and
WHEREAS, is it is desirable to encourage uses that are compatible with the low
scale character of the neighborhood; and
WHEREAS, the required parking established by Parking District No. 5 in the
Land Development Regulations of the City Code has resulted in a better quality of life for
the residents of the area and a more pedestrian-friendly neighborhood; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 130, "Off-Street Parking," Article ll "District Requirements,"
Section 130-31 "Parking Districts Established," is hereby amended, as follows:
Section 130-33. Off-Street Parking Requirements for Parking Districts 2, 3, 4,5 and
6.
Except as othenruise provided in these land development regulations, when any
building or structure is erected or altered in Parking District No. 5, off-street
parking spaces shall be provided for the building, structure or additional floor
area as follows. For uses not listed below, the off-street parking requirement
shall be the same as for Parking District No. 1 in Section 130-32.
Restaurant with alcoholic beverage license or other establishment for
consumption of food or beverages'. No parking requirement for an
(b)
(1)
'1 of 3
339
individual establishment of less than 100 seats that does not exceed
3,500 square feet of floor area. Othenrrise, 1 parking space per 4 seats
and 1 parking space per 60 square feet of floor area not used for seating
shall be required. Establishments with more than 100 seats and an
occupancy load in excess of 125 persons shall be subject to the
Conditional Use procedures in Section 1 18-193 of the City Code.
(2) Retailsfore, or food sfore, or personal seruice establishmenf: There shall
be no parking requirement for individual establishments of 3,500 square
feet or less. This may apply up to a total aggregate square footage of
10,000 square feet per development site. An establishment over 3,500
square feet (or over a total aggregate over 10,000 square feet) shall
provide one space per 300 square feet of floor area for retail space that
exceeds 3,500 square feet of floor area.
(3) Developments of /ess fhan 10,000 square feet of new construction or
uses fhaf exceed the maximum described sZes in (b) (1) and (2):
Parking may be satisfied by paying an annual fee in lieu of providing the
required parking in an amount equal lo 2o/o of the total amount due for all
the uses within the proposed building. For new construction that is
between 10,000 to 15,000 square feet, a one{ime fee shall be paid prior
to the issuance of the building permit. New construction that is greater
than 15,000 square feet shall provide all the required parking on site.
(4) Removal of existing parking spaces. No existing required parking space
may be eliminated, except through the provisions of Section 130-35, or
through the payment of the one-time fee in lieu of providing the parking in
effect at the time, which shall be paid prior to the approval of a building
permit, provided such elimination of parking spaces does not result in an
FAR penalty (exceeding permitted floor area ratio).
(5) The parking requirements in this subseetien (b) shall enly appty te
prejeets that have ebtained a building permit er land use beard aBBreval
@
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
2of 3
340
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
October 22,2014
1 2014
APPROVED AS TO
FONM & LANGUAGE
& FOR EXECUTIONu#'
Verified By:
AICP
Planning Director
T:\AGENDA\2014\November\Sunset Harbour Parking District 5 - ORD 2nd Read.docx
3of3
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343
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to the Land Development Regulations
modifying the MXE district setback requirements to include separate, reduced setback requirements
for commercial buildings that do not contain any hotel or residential units
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance amendment would allow for more appropriate, context sensitive retail
development, by reducing the front and side facing the street setback requirements for a main use
retail development of 2-stories or less.
On October 22,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for November 19,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On September 23,2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 5 to 1 (Planning Board File No. 2211).
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBP!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
T:\AGENDA\2014\November\MXE Setbacks - ORD Second Read SUM.docx
MIAMIBEACH AGENoArrsu Rs E
344
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS""
DIVISION 13, "MXE MIXED USE ENTERTAINMENT DISTRICT,"
SECTION 142-547, "SETBACK REQUIREMENTS," BY AMENDING
THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL
UNITS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3, 2014, and recommended approval
of the Ordinance as proposed.
ANALYSIS
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
Mayor Philip Levine and Members of the City
Jimmy L. Morales, City Manager
November 19,2014
MXE Setback Regulations
SECOND READING - PUBLIC HEARING
345
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
November 19, 2014 Pase 2 ol 2
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antithetical to good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration 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 a negative fiscal impact upon the City.
SUMMARY
On October 22,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
**ffi^r,MAB/RAM
T:\AGENDA\2014\November\MxE Setbacks - ORD Second Read MEM.docx
346
MXE SETBACKS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMEND!NG THE LAND DEVELOPMENT
REGULATIONS OF THE GITY CODE, BY AMENDING GHAPTER 142,..ZONING DISTRICTS AND REGULATIONS,'' ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 13, "MXE MIXED USE ENTERTATNMENT
DISTRICT,'' SECTION 142-547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL BUILDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNITS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23,2014 by a vote of 5-
1 recommended in favor of the Ordinance; 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 GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations",
Division 13, "MXE Mixed Use Entertainment District," Section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 142-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
a. Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
b. Non-oceanfront:
1. Pedestal, ten feet.
347
(2)
2. Lots'100 feet in width or greater,20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
shall be five feet. Furthermore, for lots 100 feet in width or greater_[ha']_sen'tain_hgte! iI
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandinq the foreqoino. for a buildinq containinq exclusivelv retail uses. not
exceedinq two (2) stories in heiqht. with a lot line on Collins Avenue. the minimum
pedestal setback shall be five (5) feet.
Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
Side, facing a streef.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than '100 feet in width shall have a minimum setback of five (!) feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five (!) feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which mav be waived at the discretion of the historic preservation board.
consistent with the certificate of aoprooriateness criteria. contained in chaoter 118,
article X, for a buildinq containinq exclusivelv retail uses. not exceedinq two (2) stories
in heiqht, with a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floorto-ceiling height of '12 feet; and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero (0) feet if abutting an alley, otherwise ten feet.
2. All other areas, ten feet.
(3)
(4)
348
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that applies exclusivelv to retail uses. a restrictive covenant in a form
acceptable to the citv attornev. committinq the oroperty to such use. shall be recorded orior to the
issuance of anv buildinq oermit for such retail use.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
Verified by:
2014.
Philip Levine, Mayor
,6ERr8sR8tlB,
October 22,2014
Novembel 19,
Thtl'mas R. \4ooney,
Planning Director
T:\AGENDA\201 4\November\MXE Setbacks - ORD Second Read.docx
349
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351
COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment to the Land Development Regutations by
amending the maximum building height and lot aggregation requirements in the R-PS1, R-PS2, R-
PS3 and R-PS4 zonino districts.
ltem Summa
SEGOND READING - PUBLIC HEARING
The proposed Ordinance amendment removes height limitations for lots aggregated after November 3,
2002 and raises height limits for lots 50 feet wide or less from 35 feet to 40 feet.
On October 22,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for November 19,2014.
The Administration recommends that the City Commission adopt the Ordinance.
Clerk's Office lative Tracki
AGENDATTem RSF
lncrease satisfaction with neighborhood character. lncrease satisfaction with development:nd
SupportingData(Surveys,EnvironmentalScan,etca8%ofr
businesses rate the effort out forth bv the Citv to
On September 23, 2014 the Planning Board recommended approval of the suOject OrOrnance Uy a
vote of 6 to 0 (Planning Board File No. 2210).
Financia! ! nformation :
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\2014\NovembeARPS Heights and Lot Aggregation - 2nd Reading
MIAMIBEACH DArE lt-[q-ly352
MIAMIBEACH
Cify of iliomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of t/e City Colmission
Jimmy L. Morales, City Manaser /-- y-A-
November 19,2014 SECONO READTNG - PUBLTC HEARTNG
RPS Heights and Lot Aggregation
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS'' DIVISION 18, ..PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142.696 "RESIDENTIAL
PERFORMANCE STANDARD AREA REQUIREMENTS," BY AMENDINGTHE MAXIMUM BUILDING HEIGHT AND LOT AGGREGATION
REQUIREMENTS IN THE R.PSI, R.PS2, R.PS3 AND R.PS4 ZONING
DISTRICTS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On February 20, 2002, the City Commission referred an Ordinance Amendment to the
Planning Board, modifying the maximum building height requirements in the R-PS4
zoning district. A series of Commission and Planning Board workshops ensued, and a
proposed Ordinance was approved at First Reading by the City Commission on October
23,2002.
On November 13, 2002, The City Commission adopted Ordinance No. 2002-3386, which
modified the maximum building height requirements in the RPS-4 Zoning District. During
the adoption hearing for the Ordinance, the following language pertaining to 'Lot
Aggregation' was added on the floor, and was included within the text of the Ordinance:
"Lots at a width of 50 feet or /ess aggregated after the effective date of this
ordinance with adjacent parcels shall have a maximum height of 35 feet and shall
not be allowed the increased height for parcels wider than 50 feet."
TO:
FROM:
DATE:
SUBJECT:
353
Commission Memorandum
Ordinance Amendment - RPS Heights and Lot Aggregation
November 19, 2014 Page 2 ol 3
On July 12, 2006, the City Commission re-adopted the subject Ordinance (Ordinance
No. 2006-3522) due to a defective published notice. The above text pertaining to 'Lot
Aggregation' was modified slightly in this re-adoption to add the effective date, as
follows:
"Lots at a width of 50 feet or /ess aggregated with adjacent parcels after
November 3, 2002 shall have a maximum height of 35 feet and shall not be
allowed the increased height for parcels wider than 50 feet" (underline added).
On July 23, 2014, the City Commission referred an Ordinance to the Land Use and
Development Committee and the Planning Board, in order to address the
aforementioned inconsistency.
On September 3, 2014, the Land Use and Development Committee recommended that
Section 142-696 (3) of the Code be completely removed and that the maximum height
limit for lots less than 50 feet in width be raised from 35 feet to 40 feet in order to better
accommodate the four allowable stories.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYSIS
The plain language in the Ordinance adopted by the commission in 2002, and again in
2006, pertaining to 'Lot Aggregation' without specifying a particular zoning district
suggested that it applied to the RPS-1 ,2 & 3 Districts, in addition to the RPS-4 District.
The Planning Department had interpreted the Ordinance this way since it was originally
adopted in 2002.
Recently, it was brought to the attention of the Planning Department that the title for the
subject Ordinance only referred to the RPS-4 District; this raised a question as to
whether it should only apply to that district, and not the RPS-1 ,2 & 3 Districts. The title
in Ordinance No. 2006-3522, adopted on July 12,2006, and the original Ordinance No.
2002-3386, adopted on November 13, 2002, only included modifications to the building
heights in the RPS-4 district, and did not contain any reference to the modification of
height requirements in the RPS-1 ,2 ot 3 districts. The following is the Title used for the
adoption of both versions of the subject Ordinance.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,-ZONING D/SIR/CIS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, -PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142.696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,' BY AMENDING THE MDOMUM BUILDING HEIGHT
lN THE R-PS4 ZONING DISTRICT; AMENDING SECTON 142-697 'SETBACK
REQUIREMENIS /N THE R-P51, 2, 3, 4 DISTRICTS," TO PROVIDE FOR
ADDITIONS IO FOLLOW THE EXISTING BUILDING LINE AND MODIFYING
THE TOWER SEIBACKS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
354
Commission Memorandum
Ordinance Amendment - RPS Heights and Lot Aggregation
November 19, 2014 Page 3 ol 3
Additionally, in reviewing the video of the original adoption hearing on November 13,
2002, it appears that the subject text pertaining to 'Lot Aggregation' was only intended to
be part of the RPS-4 district regulations. There was no mention during the adoption
hearing of this language also being applicable to the RPS-1 ,2 or 3 districts.
ln order to clarify the inconsistency of the text with the Title of the previously adopted
Ordinance, the attached Ordinance, as recommended by the Land Use and
Development Committee, is proposed.
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
SUMMARY
On October 22,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
,,ffi|^*,**
T:\AGENDA\2014\November\RPS Heights and LotAggregation - 2nd Reading MEM.docx
355
RPS HEIGHTS AND LOT AGGREGATION
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 142,..ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,'' BY AMENDING THE MAXIMUM BUILDING HEIGHT
AND LOT AGGREGATION REQUIREMENTS IN THE R.PS1, R.PS2, R.PS3
AND R-PS4 zONING DISTRICTS; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILIW AND AN EFFECTIVE DATE.
WHEREAS, the Ocean Beach Historic District contains a collection of important historic
buildings which together embody a rich history of the first three decades of the development of
Miami Beach; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development in historic districts in Miami Beach; and
WHEREAS, the Land Development Regulations in the Ocean Beach Historic District
provide for a reasonable limitation of the height of new development on sites in the Residential
Special Performance "R-PS" areas, which aids in the development of compatible infill structures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1 Chapter 142, "Zoning Districts and Regulations", Article ll, "District Regulations"
Division 18, "Performance Standard District," of the Land Development Regulations of the Code
of the City of Miami Beach is hereby amended as follows:
Section 142-696. Residential performance standard area requirements
Residential Sub-districts
Performance
Standard
R.PS1 R-PS2 R-PS3 R-PS4
Minimum lot area 5.750 so. ft.5.750 so. ft.5,750 sq. ft.5,750 sq. ft.
Minimum lot
width
50 feet 50 feet 50 feet 50 feet
Required open
space ratio
0.60, see Sec. 142-
704
0.65, see Sec. 142-704 0.70, see Sec. 142-
704
0.70, see Sec.142-704
Maximum
building
Height
45 feet
Lots 50 feet wide or
less - 3540 feet
45 feet
Lots 50 feet wide or
less - 354Q feet
50 feet
Lots 50 feet wide or
less - 3540 feet
Non-oceanfront - 80 feet;
Oceanfront 100 feet
Lots 50 feet wide or less
3540 feet.
Maximum
number
of stories
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
Non-oceanfront - 8
Oceanfront - 11
Lots 50 feet wide or less -
4
ln the Ocean Beach
1of 4
356
Performance
Standard
R-PS1 R-PS2 R.PS3 R-PS4
Minimum lot area 5.750 so. ft.5.750 so. ft.5.750 sq. ft.5,750 sq. ft.
Historic District - 7
Maximum floor
area ratio
1.25 1.50 1.75 2.0
Minimum floor
Area per
apartment unit
(souare feet)
New construction
700
Rehabilitated
buildinos - 400
New construction - 650
Rehabilitated
buildings - 400
New construction
600
Rehabilitated
buildinos - 400
New construction - 550
Rehabilitated
buildings - 400
Minimum average
floor area per
apartment unit
(souare feet)
New construction
950
Rehabilitated
buildinos - 550
New construction - 900
Rehabilitated
buildings - 550
New construction
850
Rehabilitated
buildinqs - 550
New construction - 800
Rehabilitated
buildings - 550
Minimum average
floor area per
hotel unit (square
feet)
N/A N/A 1Soh = 300-335
square feet
85oh = 335+ square
feet
15% = 300-335 square
feet
85% = 335+ square feet
Minimum oarkino Pursuant to Chapter 130 and Section 142-705 requirement
Minimum off-
street loadinq
Pursuant to Chapter 130, Article lll
Sions Pursuant to Chapter 138
Suites hotel Pursuant to Article lV, division 3 of this chapter.
* Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean
Beach historic district, as defined in subsection 1 18-593(e)(1 1), the maximum building height for
a lot located in the R-PS1, R-PS2, or R-PS3 zoning districts
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a
certificate of appropriateness for demolition (or any such approval has expired),
shall be 4035 feet.
1. Notwithstanding the above height restrictions, existing structures within a local historic
district are subject to section 142-1161.
2. ln the R-PS4 zoning district, within the Ocean Beach historic district, when an existing
contributing structure is nonconforming with respect to the height regulations in section
142-696, such structure may be repaired, renovated or rehabilitated regardless of the
cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter
1 18, article lX, "Nonconformances."
3.
+ Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the
Ocean Beach historic district, for lots 100 feet or more in width, the maximum height
shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subject to the line-of-
sight analysis of section 142-697(d). However, for residential apartment buildings, on
lots 100 feet or more in width, the historic preservation board, in accordance with
certificate of appropriateness criteria, may allow an increase in the overall height not to
exceed six stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet
thereafter, and on lots 50 feet wide or less may allow an increase in overall height not to
2of4
357
exceed 35 feet for the first 60 feet of lot depth and six stories, 60 feet thereafter,
provided all of the following conditions are satisfied:a. The property shall be an oceanfront lot;b. The property shall not contain a contributing building;c. The sixth level of the front portion of the new construction on lots 100 feet or more in
width shall meet a line-of-sight, which for the purpose of this section, is defined as
not being visible when viewed at eye-level (five feet six inches from grade) from the
opposite side of the Ocean Drive right-of-way, and on lots 50 feet or less wide shall
be subject to the line-of-sight analysis of section 142-697(d);d. The proposed building shall be sited and massed in a manner that promotes and
protects view corridors. At a minimum, a substantial separation of the tower portion
of any structure shall be required;e. For lots greater than 50 feet in width, the front portion of the structure shall
incorporate a separation in the center of the structure, which is open to sky, and is at
least ten feet in width and 25 feet in depth; the exact location of such separation shall
be subject to the historic preservation board, in accordance with certificate of
appropriateness criteria. Alternatively, the massing and architectural design of the
front portion of the structure shall acknowledge the historic pattern of residential
structures along Ocean Drive;f. The maximum residential density is 60 units per acre;
g. All required off-street parking for the building shall be provided on site; required
parking may not be satisfied through parking impact fees;
h. The owner restricts the property to permit only rentals that are no less than six
months and one day per calendar year, through language in its condominium or
cooperative documents, and by proffering a restrictive covenant, running with the
land, or other similar instrument enforceable against the owner(s), acceptable to and
approved as to form by the city attorney, which shall be executed and recorded prior
to the issuance of a building permit, to ensure that the building remains solely as a
residential apartment building for a minimum of 30 years, and that no uses under
section 142-902(2)e. are permitted on the premises during that time period;
i. Accepting that the value in the increased height, and the incremental traffic burden
and effect on aesthetics in the district are offset by the conveyance of an easement
for an extension of the beachwalk east of their structures, the owner provides an
easement, acceptable to and approved as to form by the city attorney, for a public
beachwalk on the easterly portion of its property, as more specifically provided in the
plans on file with the city's public works department.
SECTION 2. 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 part 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
3of4
358
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
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
,2014.
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
First Reading:
Second Reading:
October 22,2014
9,
,lllu
Verified by:
Planning Director
Underscore denotes new language
S+i*e$reugh denotes deleted lang uage
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THIS PAGE INTENTIONALLY LEFT BLANK
361
COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment clarifying and modifying davelopment
regulations for Sinqle Family homes.
lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oevetopnrent anO
growth manaqement across the Citv.
SupportingData(Surveys,EnvironmentalScan,etc48o/ootresidentialreM
businesses rate the effort put forth bv the Citv to is "about the rioht amount."
ltem Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would amend the Single Family Regulations for clarifications of internal
courtyard, terrace and balcony calculations; second floor volumetric requirements; lot splits, and
architecturally significant homes.
On October 22,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for November 19,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On September 23, 2014 the Planning Board recommended approval of the subject Ordtnance by a
vote of 6 to 0 (Planning Board File No. 2213).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial Impact 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 conflrm
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
budget.
Clerk's Office
T:\AGENDA\2014\November\SF Dev Reg Modifications - SUM 2nd Reading.docx
Thomas Mooney
AGENDA ITETf,
DATE
RsG
il- q-HMIAMIBEACH362
MIAMIBEACH
City of Miomi Beoch, I 700 Conveniion Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
Clarification of Single Family
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 114,
"GENERAL PROVISIONS," SECTTON 114-1, ,,DEFINtTlONS," By
INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN SPACE'.INTERNAL GOURTYARD" 'TERRACE' AND 'ROOF DECK'; BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,'
ARTICLE !1, ,,DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2, RS-3,
RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE
CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF
SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE THE
REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT
SPLIT SHALL BE REVIEWED BY THE DESIGN REVTEW BOARD OR
HISTORIC PRESERVATION BOARD, BY AMENDING AND CLARIFYTNG
THE GALCULATION OF LOT COVERAGE AND UNIT SIZE, BY AMENDING
AND CLARIFYING THE CALCULATION OF THE PHYSICAL VOLUME OF
THE SECOND FLOOR, BY AMENDING AND CLARIFYING THE
REGULATIONS REGARDING ROOF DECKS, BY MODIFYING THE
PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY
DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT LOCATED
WITHIN A DESIGNATED HISTORIC DISTRICT, AND BY AMENDING AND
CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR
THE FORMAL DETERMINATIONS OF ARCHITECTURAL SIGNIFTCANCE
OF AN ELIGIBLE SINGLE.FAMILY HOME THAT IS PROPOSED TO BE
SUBSTANTIALLY RETAINED; PROVIDING FOR REPEALER.
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
November 19,2014 D READING. PUBLIC HEARING
363
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Clarifications
November 19, 2014 Page 2 ot 4
BACKGROUND
On February 12, 2014, the City Commission adopted comprehensive revisions to the
single family development regulations, incorporating numerous revisions including
limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and
limitations on the percentage of a home's second floor volume.
On July 23, 2014, at the request of Commissioner Joy Malakoff, the City Commission
referred an Ordinance amendment pertaining to additional refinements to the recently
adopted single family home Ordinance to the Planning Board and the Land Use and
Development Committee (ltem C4H). The following is a list of the amendments
requested for consideration as part of this referral:
1. Clarification of the definitions of interior side yard open space' and 'internal
courtyard'.
2. Modify the70o/o second floor rule as it pertains to interior height volume.
3. Add a requirement for DRB review of new homes created by a lot split.4. Amend the regulations regarding roof decks to only allow on homes with direct
access to the open bay and on single story homes.
5. Extend the year of required DRB review for the demolition of Architecturally
Significant Homes from pre-1942 to pre-1966.
The Land Use and Development Committee discussed the proposed Ordinance on
August 20,2014, and recommended that items 1-3 above move forward to the Planning
Board and that the previous referral to the Planning Board be withdrawn for items 4 and
5 above. On September 10, 2014, the City Commission withdrew the previous referral
pertaining to items 4 and 5 above (!tem C4D).
ANALYSIS
lnternal Couftyard. Terrace and Balconv Calculations
When the current Ordinance was adopted in February of this year, internal courtyards
created by enclosed walls on three (3) or more sides were required to be counted in the
overall lot coverage of the proposed home. While having a positive impact on the
perceived volume of larger homes, this provision created a minor conflict with the interior
side open space requirements of the regulations. ln order to address this issue, it was
determined that interior side yard open space located along a side elevation with a depth
of 50o/o or more of the developable width of the property, as measured from the required
side setback line, or with an area greater than ten percent of the lot area, shall be
considered an internal courtyard and the entire area shall be included in the lot coverage
calculation, with the exception of the area required to comply with Section 142-106 (2)d.
of the City Code, which is excluded from the lot coverage calculations.
While the administration of the regulations, as noted above, is balanced and achieves
the goals envisioned by the interior open space requirements, the specific standards
governing each section do need to be clarified within the development regulations. After
reviewing a number of different development applications, staff believes that a combined
limit of 30% of the developable width of a site, not to exceed 5o/o of the total lot area,
would be more reasonable in terms of an outside limit for interior open space not being
counted in the overall lot coverage. !f a property owner wanted a larger internal open
space area, the portion of the area that exceeds 5o/o of the lot area, would be counted
towards the maximum lot coverage percentage.
364
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Clarifications
November 19, 2014 Page 3 ot 4
Staff has included as an attachment to this report, a graphic representation of the current
interior side open space requirements compared to the proposed revisions.
Second Floor Volumetric Reo uirements
As it pertains to the 70o/o second floor volume limit for those homes exceeding 25o/o lot
coverage, staff has evaluated the issue further. ln many instances, theTO% threshold is
exceeded because single story garage structures, which are exempt from unit size andlot coverage requirements, cannot be used towards the first floor volume when
calculating the 2nd floor volume ratio. ln this regard, those homes with minimal 2-story
volumetric space are penalized. The proposed Ordinance includes a small change to
address this particular issue.
Lof sp/ifs
The proposed Ordinance amendment would require that new homes resulting from
approved 'Lot Split' applications be required to obtain approval from the DRB or HPB.
This amendment would give adjacent properties an opportunity to express their views
regarding new infill homes.
Architecturally Siqnificant Homes
Modifications clarifying the procedures for noticing and Emergency Demolition Orders
have been proposed.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the proposed ordinance not apply to applications that
either filed for Land Use Board Approval, or obtained a Building Permit Process Number,
on or before September 23,2014.
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 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 a negative fiscal impact upon the City.
SUMMARY
on october 22,2014, the subject ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
,r,,Rl^*/MAB/RAM
T:\AGENDA\2014\November\SF Dev Reg Modifications - ORD 2nd Read MEM.docx
365
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Claifications
November 19, 2014 Page 4 ot 4
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366
SINGLE FAMILY HOME DEVELOPMENT REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTTON 114.
1, "DEFINITIONS" BY INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN
SPACE', 'INTERNAL COURWARD', 'TERRACE' AND 'ROOF DECK'; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE !I, "DISTRICT
REGULATIONS,'' DIVISION 2, "RS.l, RS.2, RS.3, RS.4 S!NGLE.FAMILY RESIDENTIAL
DISTRICTS;,, BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW
AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE
THE REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT SPLIT
SHALL BE REVIEWED BY THE DESIGN REVIEW BOARD OR HISTORIC
PRESERVATION BOARD, AS MAY BE APPLICABLE; BY AMENDING AND
CLARIFYING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE; BY
AMENDING AND CLARIFYING THE CALCULATION FOR THE PHYSICAL VOLUME OF
THE SECOND FLOOR; BY AMENDING AND CLARIFYING THE REGULATIONS
REGARDING ROOF DECKS; BY MODIFYING THE PROCEDURES pERTAtNtNG TO
THE ISSUANCE OF EMERGENCY DEMOLITION ORDERS AND THE REVIEW AND
APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT
LOCATED wlTHlN A DESIGNATED HISTORIC DISTRICT; AND BY AMENDING AND
CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR THE FORMAL
DETERMINATIONS OF ARCHITECTURAL SIGNIFICANCE OF AN ELIGIBLE SINGLE.
FAMILY HOME THAT IS PROPOSED TO BE SUBSTANTIALLY RETAINED; PROVTDING
FOR REPEALER; CODIFICATION; SEVERABILIW; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the Single Family
Home development regulations; and
WHEREAS, it is appropriate to update the definitions and amendments in the Code
for the review and approval of single-family residential construction; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated September 23,2014, by a vote
of 6-0 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
367
SECTION 1. The Miami Beach 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:
Courfvard. /nfernal. means that portion of a lot whether sodded. landscaped or paved.
unoccupied bv anv part of a structure and open to the skv. which is substantiallv surrounded
bv a sinqle buildinq or oroup of buildinqs on three(3) or more sides.
Ierrace. means a platform that extends outdoors from a floor of a house servinq as an
outdoor livino space. and which mav or mav not be covered.
/nferlor srde vard open space. means that open space portion of a lot whether sodded.
landscaped or paved. unoccupied bv anv part of a structure and open to the skv. which is
surrounded bv a sinqle buildinq or qroup of buildinqs on three (3) sides bv walls. and
extendinq towards an interior or side facino street vard.
Roof deck. means a structural olatform located above the finished main roof line of a
buildinq. desiqned for outdoor occupation.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-105, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-105. Development regulations and area requirements.
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(1) Compliance with regulations and review criteria.
a. Permits for new construction, alterations or additions to existing structures shall
be subject to administrative (staff level) review by the planning director or
designee the design review board (DRB), or historic preservation board (HPB)
as applicable, in order to determine consistency with the review criteria listed in
this section.
b. ln complying with the review criteria located in this section, the applicant may
choose either to adhere to the development regulations identified in sections
142-1Q5 and 142-106 administratively through staff level review or seek
enhancements of the applicable development regulations as specified therein,
where permitted, through approval from the historic preservation board or
design review board, in accordance with the applicable design review or
appropriateness criteria.
368
Notwithstanding the foregoing, for those structures located within a locally
designated historic district, or individually designated as an historic structure or
site, the review and approval of the historic preservation board (HPB) may be
required.
Notwithstanding the foregoing, for those structures constructed prior lo 1942
and determined to be architecturally significant, in accordance with section
142-108 herein, the review and approval of the design review board (DRB)
shall be required.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
$) Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless othenrvise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered Tlerraces, breezeways, or open porches,
that do not project more than ten feet
from the main home building(s).
4. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
5. Those portions of covered Eexterior unenclosed private balconies,
p{€vided-any-su€h ba{€eny4ees that do not project more than six (Q) feet
from the building.
c. For two story homes with an overall lot coverage of 25 percent or greater, the
physical volume of the second floor shall not exceed 70 percent of the first
floor of the main home, ex€lusive inclusive of any enclosed reqt*ir€d parking
area structure. The DRB or HPB may forego this requirement, in accordance
with the applicable design review or appropriateness criteria.
(5) Lot coverage (building footprint).
a. General. For lots aggregated after September 24. 2013, when a third lot is
aggregated, as limited by subsection 142-105(b)(3), the calculation of lot
coverage shall be determined by the two lots on which the house is located.
c.
d.
369
One-story structures. One-story structures may exceed the maximum lot
coverage noted in subsection 142-105(bX1) above, through staff level review
and shall be subjectto the setback regulations outlined in section 142-106, but
in no instance shall the building footprint exceed 50 percent of the lot area. For
purposes of this section, a one-story structure shall not exceed 18 feet in
height for flat roof structures and 21 feel for sloped roof structures (measured
to the mid-point of the slope) as measured from the minimum flood elevation.
However for five percent of the lot coverage, the height may be increased up to
24 feel for a single flat roof structure or 27 feet for a single sloped roof
structure (measured to the mid-point of the slope). The length of any wall
associated with this higher height shall not exceed 25 feet.
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof. lnternal courtyards, which are open to the sky, but which
are substantially enclosed by the structure on three or more sides, shall be
included in the lot coverage calculation. However, outdoor covered areas, such
as, but not limited to, loggias, covered patios, pergolas, etc., that are open on
at least two sides, and not covered by an enclosed floor above, shall not be
included in the lot coverage calculation.
(9) Lof sp/if. AII new construction for homes on lots resultinq from a lot split application
approved bv the Planninq Board shall be subiect to the review and approval of the
desion review board (DRB) or historic preservation board (HPB), as mav be
applicable.
SECTION 3. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-106, "Setback Requirements for a Single-Family Detached Dwelling," of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 1 42-106. Setback requirements for a single-family detached dwelling.
(2)Stde yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street. Each required side yard facing a street shall be no less
than ten percent of the lot width or 15 feet, whichever is greater. Also, at least
35 percent of the required side yard area facing a street shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five (![eet to
the front of the building.
c. lnterior sides. Any one interior side yard shall have a minimum of ten percent
of the lot width or seven and one-half feet, whichever is greater.
d. Two-story side elevations located parallel to a side property line shall not
exceed 50 percent of the lot depth, or 60 feet, whichever is less, without
b
c,
370
incorporating additional open space, in excess of the minimum required side
yard, directly adjacent to the required side yard. The additional open space
shall be regular in shape, open to the sky from grade, and at least eight feet in
depth, measured perpendicular from the minimum required side setback line.
The square footage of the additional open space shall not be less than one
percent of the lot area. The open space provided alono a side elevation in
accordance with this subsection. whether required or not. shall not be included
in the lot coveraqe calculation provided that the combined depth of the open
space. as measured from the required side setback line(s). is less than 30
percent of the maximum developable buildinq width of the propertv. as
measured from the interior setback lines. and the total open space provided
does not exceed five (5) percent of the lot area. Anv portions of the interior
side vard open space in excess of five (5) percent of the lot area shall be
included in the total lot coveraoe calculation. The elevation (heiqht) of the open
soace provided shall not exceed the maximum permitted elevation heiqht of
the required side vard. and at least 75 percent of the required interior open
space area shall be sodded or landscaped pervious open space.
The intent of this regulation shall be to break up long expanses of uninterrupted
two-story volume at or near the required side yard setback l.ine and exception
from the minimum requirements of this provision may be granted only through
historic preservation board, or design review board approval, as mav be
applicable, in accordance with the applicable design review or appropriateness
criteria.
SECTION 4. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, 'RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-108, "Provisions for the Demolition of Single-Family Homes Located Outside of
Historic Districts," of the Land Development Regulations of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Sec. 1 42-108. Provisions for the demolition of single-family homes located outside of historic
districts.
(e) Partial demolition procedures for an architecturally significant home.
(1) A building permit for partial demolition to accommodate additions or modifications
to the exterior of any architecturally significant single-family home constructed prior
to 1942 shall be issued only upon the prior final approval by the planning director,
or designee, unless appealed as provided in subsection (3) below. ln the event an
architecturallv siqnificant sinole familv home is proposed to be substantiallv
retained, the mail notice requirements in Section 142-108(a) shall not be required
and a A property owner may de€ide+e proceed directly to the desion review board
DRB, pursuant to subsection 1a2-108(g), or agree to have the partial demolition
reviewed and approved by staff, pursuant to subsection 142-108(e)(a); in either
instance, a demolition permit shall not be issued until a full building permit for new
construction has been issued.
371
(f) /ssuance of demolition permits for architecturally significant homes.
(1) Emergency demolition orders. This section shall not supersede the requirements of
the applicable building code with regard to unsafe structures and the issuance of
emergency demolition orders, as determined by the building official. ln the event
that an emerqencv demolition order is issued for anv sinqle familv home built prior
to 1942. and such order is issued prior to a determination of architectural
significance, approval from the desiqn review board for anv new construction shall
be required.
SECTION 5. 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 6. 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.
SECTIONT. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECT!ON 8. EXCEPTIONS.
This ordinance shall not apply to an application filed for Land Use Board Approval
with the Planning Department on or before September 23, 2014; or to a Building Permit
Process Number obtained from the Building Department on or before September 23,2014.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael Granado, City Clerk
First Reading: October 22,2014
Second Reading:
Verified by:
sR.
Planning Director
Underscore denotes new language
S+ri*et+reugh denotes de leted lan g uage
T:\AGENDA\2014\November\SF Dev Reg Modifications - ORD 2nd Read.docx
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COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to clarify conditional uses in all CD-2 districts and
adding standalone alcoholic beverage, dance hall and entertainment establishments as conditional
uses in North Beach.
lntended Outcome S
AGENDA ITEil R5 H
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to
Item S ummary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinance would clarify conditional uses in all CD-2 districts, as well as add standalone
alcoholic beverage, dance hall and entertainment establishments as conditional uses in North Beach.
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 attached Ordinance at
First and schedule a Second Reading Public Hearing for December 17,2014.
On October 28, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 7 to 0 (Planning Board File No.2220).
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{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.
Glerk's Office
Thomas Mooney
T:\AGENDA\2014\November\CD-2 CU+ N Beach - ORD 1st Read SUM.docx
MIAMIBEACH oArE ll-l+,(374
MIAMIBEACH
City of iliomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISS]ON MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE GITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 142, "ZONINGDlsTRlcTS AND REGULATIONS", ARTICLE il, ,,DISTRICT
REGULATIONS," DIVISION 5, "CD.2 COMMERCIAL MEDIUM INTENSIry
DISTRICT," BY AMENDING SECTION 142.303, "CONDITIONAL USES," BY
MODIFYING AND CLARIFYING CONDITIONAL USES IN ALL CD-z
DISTRICTS AND ADDING STAND ALONE ALCOHOL, DANCE HALL AND
ENTERTAINMENT ESTABLISHMENTS AS A CONDITIONAL USE IN
NORTH BEAGH; PROVIDING FOR CODIFIGATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for December 17,2014.
BACKGROUND
On September 30, 2014, the City Commission referred an Ordinance Amendment to the
Land Use and Development Committee and the Planning Board, modifying the
Conditional Uses in the CD-2, Commercial Medium lntensity Districts of North Beach,
establishing standalone bars, dance halls, and entertainment establishments as
conditional uses.
The Land Use and Development Committee discussed the proposed Ordinance on
October 1, 2014, and recommended that the Planning Board transmit the proposed
Ordinance to the City Commission with a favorable recommendation.
Separately, while researching the background for progress reports submitted to the Land
Use Committee pertaining to Sunst Harbour Parking District No. 5, staff realized that a
drafting error occurred in the original Ordinance. ln this regard, when the conditional use
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
Glarifying and Modifying C
FIRST READING - PUBLIC HEARING
Uses in CD-2Zoning Districts
375
Commission Memorandum
Ordinance Amendment - Clanfying and Modifying Conditional Uses rn CD-2 Zoning Disticts
November 19, 2014 Page 2 ot 2
section for the CD-2 zoning district was previously updated to include the lower
threshold for Neighborhood lmpact Establishments (NlE) modifed in the Sunset Harbour
area, the text amendment inadvertently modified the conditional uses for the rest of CD-
2 zoning districts that are outside of the Sunset Harbour area. The proposed ordinance
also corrects this error.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYS!S
Currently, in CD-2 zoning districts, alcoholic beverage and entertainment establishments
with an occupational load of less than 200 persons do not require Conditional Use
review by the Planning Board. ln light of the fact that the three CD-2 zoning districts in
North Beach are surrounded on all sides by residential districts, composed primarily of
non-transient residential units, it is recommended that an extra level of oversight by the
Planning Board for non-restaurant alcoholic beverage establishments would be
appropriate within the CD-2 areas of North Beach.
There is already precedent for such a level of review, as the CD-2 areas of Sunset
Harbour prohibit outdoor entertainment establishments, neighborhood impact
establishments and open air entertainment establishment. Additionally, in the CD-2
areas of Sunset Harbour, a lower occupational load threshold has been established for
Conditional Use review of alcoholic beverage establishments.
PLANNING BOARD REVIEW
On October 28, 2014, the Planning Board (by a 7-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for December 17,2014.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\20'14\November\CD-2 CU+ N Beach - ORD lo Read MEM.docx
376
CLARIFYING AND MODIFYING CONDITIONAL USES
!N CD.2 ZONING DISTRICTS
oRDtNANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAM! BEACH, FLORIDA BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 5, "CD-2 COMMERCIAL MEDIUM
INTENSITY DISTRICT,'' BY AMENDING SECTION 142.303,..CONDITIONAL USES,'' BY MODIFYING AND CLAR!FYING
CONDITIONAL USES IN ALL CD.2 DISTRIGTS AND ADDING STAND
ALONE ALCOHOL, DANCE HALL AND ENTERTAINMENT
ESTABLISHMENTS AS A CONDITIONAL USE IN NORTH BEACH;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the Sunset Harbor neighborhood, as delineated by the boundaries in
this ordinance is a neighborhood in transition from the light industrial uses that originally
occupied the area, to an area of mixed uses; and
WHEREAS, a clarification is necessary in order to correctly identify the uses that
are intended to be permitted through a conditional use permit within the Sunset Harbor
Neighborhood in the Land Development Regulations; and
WHEREAS, the North Beach neighborhood, as delineated by the boundaries in
this ordinance is comprised of more intensive commercial corridors in close proximity to
low-intensity residential districts; and
WHEREAS, is it is desirable to encourage uses that are compatible with the low
scale character of the neighborhood; and
WHEREAS, the amendments set forth below are necessary to accomplish all of
the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 5, "CD-2, Commercial, Medium lntensity District," is hereby
amended as follows:
Sec. 142-303. - Gonditional uses.
(q) The conditional uses in the CD-2 commercial, medium intensity district include the
followinq: in the Sunset Harbo
2gm Street, Nten Read a
1of 3
377
with aleehelie beverage lieenses (aleehelie beverage establishments) with mere than
100 seats er an eeeupaney eentent (as determined by the Fire Marshall) in exeess ef
125 persens and a fleer area in exeess ef 3,500 square feet;
fll Adult congregate living facilities;
(Q Funeral home;
(Q Nursing homes;
(!) Religious institution;
(!) Pawnshops;
(Q) Video game arcades;
(Z) Public and private institutions;
(€) Schools;
(9 Any use selling gasoline;
(10) New construction of structures 50,000 square feet and over (even when divided
by a district boundary line), which review shall be the first step in the process
before the review by any of the other land development boards;
(1 1 ) Outdoor entertainment establishment;
(1 2) Neighborhood impact establishment;
(13) Open air entertainment establishment;
(14)and Storage and/or parking of commercial vehicles on a site otherthan the site
at which the associated commerce, trade or business is located. See Section
142-1103.
(b) Sunsef Harbour Neiqhborhood. ln addition to the conditional uses specified in
section 142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 co
Harbour neiohborhood Alton
and Dade Boulevard shall also include the followino:
(1) Main use parkino oaraoes:
(2) Restaurants with alcoholic beveraqe licenses (alcoholic beveraqe
establishments) with more than 100 seats or an occupancv content (as
determined bv the Fire Marshall) in excess of 125, but less than 199 persons
and a floor area in excess of 3.500 square feet.
(c) Norfh Beach Nehhborhood. ln addition to the conditional uses specified in section
142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 com
(1) Alcoholic beveraqe establishments (not also operatinq as a full restaurant with a
full kitchen. servino full meals):
(2) Dance halls:
(3) Entertainment establishments.
(d) Soufh A/fon Road Corndor. ln addition to the conditional uses specified in section
142-303(a). and subiect to the conditional use criteria in section 118-192(a).
conditional uses in the CD-2 commerci
11th Street. shall also include the followinq:
(1) Self storaqe warehouse. provided the minimum distance separation between self
storaqe warehouses shall be 300 feet and self storaoe warehouses shall follow
2of3
378
the development requlations for "self storaqe warehouse" in section 142-305 and
setback reouirements in section 142-307.
Fer purpeses ef this seetien; in additien te the eenditienal use eriteria in seetien 118
192(a); self sterage wareheuses shall enly be permitted te be eensidered by the
planning beard as a eenditienal use fer preperties leeated within a CD 2 distriet aleng
in
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the City
of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: November 19,
Second Reading:
14
1417,
Verified By:
Planning Director
T:\AGENDA\2014\November\CD-2 CU + N Beach - ORD First Read.docx
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TUOTICE OF FUBLIC HEARIHG
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ir[*y*r md City Corr'jrnisioo of thE CitV of Miarni Baach, F]orrids. ln the
fornrn$asion ehErnbers. 3rd Iloor, City H*ll" !I0f Csnrrcnlion *enter 0riva,
ME*rni 8eaah, Florids. on !*I*dnced*y. Nsrsfirher l[8, U[I4 *t ',lIi{H} n,re,
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cOfiumOilAL USE REgU{ftEilEEI'ITS FOR cs-Z li*$imlGr$.
An Ord:inancr OI Thr Mayor And City Commleclon Of The Ciry Of Miarel
8saeh. F$orids* AnrendingTho Csdr O{The City Of Miarni tuach, Florida 8y
Amanding fhsptsr 142, "Zoning Di*trictsAnd ts*grf*tion*?Arlicls ]1,'Dtcrdst
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Dance l{atli And Enbrtainmsflt E8tsb?ishnxsilts As A Conditional Uts ln N$fth
*a*ch ; Fre,s[din g For Cod ific*tlon; Rapa*l er; S,evuru bi I ity: App l]cab:i lity; And
An EffEctive treia /nqurler may *e dirpsted rs the Frgonlngr Separtrnent Sl
305.F73.r55o
lS{TEnf;STE0 ftAffI}Hg are invitrd to nppror at this meeting, nr be
r€Fr€i€ilted hy an agenl, or lo BxpreEB the[r views in v*riting addrn*sed
ts tfie City CorEmEsej+n, do the Cfu Clert- 1700 Cqnvrfttlon Centrer Orive.
!* Flu*r, giry Hsltr, {\tlami Beacfi. Ftorida Sllffi.Tfi]s item Esavaliabl+far pub}ic
Inrpection duriaq, rormal buslnsss irtur* En tfi,e City f,lcrk'e OrTIc{, 1700
ConventiQn Cent*r Etius, l" Flsor, City HSli" MiEml SEArh" Flrrida 331S-This
itern may be continued, and unrJe r ruch circumstance€. odditionaf Eegel notice
nerd nol be providrd"
Fr.lrsusnt to Sertion ?86.S105, Fla. Srst, tha City h*reby advises the publ'ic
t!"lst ii s pBrEeft decidEE Is 6pp6al any deci*icm rfisde by th6 City Commisxiott
wilh rery*r.l lo Bny r?iSfi6r considBrsd €i tts ffi$Efing or ltE hssrtrrrt$- sueh
Fsr$stl rn(jst ens{ire th*t s vclhstlm recsrd of t}r* promadingr is rn*de, which
reeqrd inctudes the teetirneqy end er*idensa upsft t+h,ich rfie oppeal is lo be
based,This notice doBs ncrt car-tBtilute cons*nt hy the City forths intrsducti+n
cr rdrnission of othe nnlse linsdrnris*ihle fir ine$*iJg{tt evidencr, non dnes it
auth*rns dralfenger or apB*ale nst othcrarire sl]o$rsd by law,
?o rcqur*t thl8 mfil€d8l in aree*sible ,srrnst, rign :language iritElptlEters,
information s$ assss fsr pilrsnc wilh d,is.cbilitie s sndisr efiy
gee&mffi$d*liprr 1o rEvi6rq afiy doeumsfit or pffr$clFfft* In rny City"*Forit$&r*d
pr'aceeding, p?ease contact us five days in advancs Et 305.673,741'llwlcel or
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COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 70 Of The Code Of
The City Of Miami Beach, Entitled 'Miscellaneous Offenses," By Amending Article ll, Entitled "Public Places," By Amending
Division 2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of Transportation," By
Amending Section 70-66, Entitled "Definitions" To lncorporate the Exemption For Motorized Wheelchairs And Similar Devices
Used By Disabled Persons lnto The Definition of "Motorized Means Of Transportation," Making Corresponding Amendments
Throughout Division 2, And Adding A Definition For High lmpact Periods; By Amending Section 70-67, Entitled "Prohibited
Activities," To Amend The Locations Where Motorized Means of Transportation Are Prohibited; By Amending Section 70-69,
Entitled "Responsibilities Of Bicyclists, Skaters, And Persons Operating Electric Personal Assistive Mobility Devices,' By
Amending The Responsibilities Set Forth Therein And To lnclude Persons Operating Motorized Means Of Transportation; By
Amending Section 70-70, Entitled "Responsibilities of Persons And Business Entities Providing Rentals, Leases, And/OrTours
Of Electric Personal Assistive Mobility Devices," By Amending The Responsibilities Set Forth Therein; And By Amending
Section 70-71, Entitled "Enforcement; Penalties," To Provide Housekeeping Amendments; Providing For Repealer,
. Codification. And An Effective Date
Supporting Data (Surveys, Environmenta! Scan, etc.): According to the 2014 Miami Beach Community
Satisfaction Survey Final Report, about 4 out of 1 0 residents (39%) claimed they would ride bicycles; this is considerably lower
Item Summarv/Recommendation :
At its October 24, 2012 meeting, the City Commission passed and adopted Ordinance No. 2012-3780 and Resolution No.
2012-28041 which provided various regulations concerning electric personal assistive mobility devices (also known as
Segways or EPAMDs). 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 Section 70-71. The Ordinance restricted the speed of EPAMDS to eight (8) MPH on all
sidewalks, sidewalk areas, and bicycle paths, and prohibited the operation of EPAMDs on interior pathways within South
Pointe Park and Collins Park and on the sidewalk on the west side of Ocean Drive between South Pointe Drive and 1Sth St.
Pre-existing City Code provisions prohibited 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.
ln addition to City Code regulations contained in Chapter 70 and in the City's Administration Rules, Section 82-438 of the City
Code prohibits wheeled conveyances on the wooden elevated Boardwalk, between 24h and 45h Streets, exceptwhen required
by disabled persons, strollers, or as required by fire, police, ocean rescue, or other city employees and agents as may be
authorized by the City Manager. Pursuant to Ordinance No. 20'14-3862 on May 21,2014, the regulations in Section 70-67
were amended to prohibit motorized means of transportation in the following additional areas: A) The Beachwalk between 15h
and 23d Streets and between 64th and 79th Streets, B) The Beachwalk south of 5th St., C) Lummus Park Promenade between
5s and 15s Streets; D) The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 1 Sth Street; E) The
South Pointe Park Cutwalk adjacent and parallel to Government Cut; F) The Marina Bayralk adjacent and parallel to Biscayne
Bay and South of Sth St.
On June 11,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles on Lincoln Road between
9:00 am and 2:00 am. Ordinance 2014-3881 also revised 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 by other than human power, such as motorized skateboards and skates, but
not those devices defined as a "vehicle" under state law.
To address additional safety concerns and accidents already experienced in the City, Ordinance No. 2014-3883 was adopted
on July 23, 2014to further amend the provisions in Chapter 70 by incorporating the Administrative Rules into the City Code
and adding stricter penalties for insurance violations for business entities providing rentals, leases, and/ortours. Atthe July23,
2014 City Commission meeting, the Commission referred the matterof EPAMDS and motorized means of transportation to the
Neighborhood/Community Affairs Committee (NCAC) for further amendments and to bring an Ordinance back to the City
Commission in October.
Pursuant to the above direction, this proposed Ordinance was presented to the City Commission on October22, 2014 and the
NCAC on October 31,2014.
Subsequent to the City Commission meeting on October 22, 2014 and during the NCAC meeting on October 31, 2014,
additional modifications to the Ordinance were discussed and recommended by the NCAC. Those modifications have been
incorporated as part of the Ordinance. Additionally, several amendments which had been included in first reading have been
removed at the request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items were not
included in the NCAC agenda of October3l, 2014 and were not discussed at the committee meeting butwere included in the
red-line handout at that NCAC
This item was presented to the NCAC for discussion on October 31 , 2014. The NCAC approved the proposed ordinance
with recommendations for additional amendments.
Financial lnformation:
Source of
Funds:
Amount Account
I
OBPI Total
Financial !mpact Summarv: None.
Jose R. Gonzalez. P.E. X6768
tErry AGE}IE}4, I'TEA'I
E'A?EANIAANIBEACH382
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014 FECO HEAR!NG
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE OF
THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS OFFENSES,"
BY AM EN DING ARTICLE II, ENTITLED "PUBLIC PLACES, " BY AMEN DING
DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70.66, ENTITLED
..DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONS
INTO THE DEFINITION OF "MOTORIZED MEANS OF TRANSPORTATION,"
MAKING CORRESPONDING AMENDMENTS THROUGHOUT DIVISION 2,
AND ADDING A DEFINITION FOR HIGH !MPACT PERIODS; BY AMENDING
SECTION 70.67, ENTITLED "PROH!BITED AGTIVITIES,'' TO AMEND THE
LOCATIONS WHERE MOTORIZED MEANS OF TRANSPORTATION ARE
PROHIBITED; BY AMENDING SECTION 70-69, ENTITLED
..RESPONSIBILITIES OF BICYCLISTS, SKATERS, AND PERSONS
OPERATING ELECTRIC PERSONAL ASSISTIVE MOBILIW DEVICES," BY
AMENDING THE RESPONSIBILITIES SET FORTH THEREIN AND TO
INCLUDE PERSONS OPERATING MOTORIZED MEANS OF
TRANSPORTATION; BY AMENDING SECTION 70-70, ENTITLED
..RESPONSIBILIT!ES OF PERSONS AND BUSINESS ENTITIES PROV!DING
RENTALS, LEASES, AND/OR TOURS OF ELECTRIC PERSONAL
ASSISTIVE MOB!LITY DEVICES," BY AMENDING THE RESPONSIBILITIES
SET FORTH THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORCEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that this Ordinance be adopted on second reading/public hearing.
FINANCIAL IMPACT
Charter section 5.02 requires that the "City of Miami Beach shall consider the long-term economic
impact (at least 5 years) of proposed legislative actions." Staff has determined that there will not be
a fiscal impact on the City's budget by enacting the proposed ordinance. The implementation of the
proposed Ordinance would not require additional staffing. Enforcement of the proposed Ordinance
would be achieved through the Code Compliance and Police Departments utilizing existing
resources.
TO:
FROM:
DATE:
SUBJECT:
383
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19,2014
Page 2 of 4
BACKGROUND
\n2007 , pursuant to Resolution No. 2007-26695, the City of Miami Beach (City) adopted the Atlantic
Greenway Network (AGN) master plan to create a safer environment for pedestrians and bicyclists.
The AGN proposed a comprehensive network of pedestrian and bicycle facilities that provide direct
access to important destinations within the City, linking residential neighborhoods, commercial
centers, and parks. The Beachwalk and Baywalk are major components of the AGN system and
facilitate the use of alternative and sustainable forms of transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing for
public space, including pedestrian pathways and sidewalks. Recently, the use has increased with
Electric Personal Assistive Mobility Devices (also known as Segways or"EPAMDs") along the City's
Beachwalk, sidewalks, and rights-of-way. Complaints with regard to EPAMD use in the City have
ranged from the speed at which the users pass pedestrians, often without any warning to the
pedestrian; careless and reckless behavior by the users causing congestion and fear of injury on
heavily traveled pedestrian walkways; and collisions with pedestrians causing personal injuries. ln
addition to persons operating EPAMDS, persons that utilize othermotorized means of transportation,
as defined in the City Code, such as motorized skateboards, also pose a safetythreatto pedestrians
and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDING REGULATIONS
At its October 24,2012 meeling, the City Commission passed and adopted Ordinance No. 2012-
3780 and Resolution No.2012-28041 which provided various regulations concerning EPAMDS. 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 SectionT0-71. The Ordinance restricted the speed of
EPAMDS to eight (8) MPH on all sidewalks, sidewalk areas, and bicycle paths, and prohibited the
operation of EPAMDs on interior pathways within South Pointe Park and Collins Park and on the
sidewalk on the west side of Ocean Drive between South Pointe Drive and 15th Street. Pre-existing
City Code provisions prohibited motorized means of transportation, except forwheelchairs or other
motorized devices when used by disabled persons, in, on, or upon any portion of Lincoln Road Mall
from the west sidewalk of Washington Avenue to the east sidewalk of Alton Road.
Resolution No.2012-28041 setforth Administrative Rules to address EPAMDS. TheAdministrative
Rules provided regulations, in addition to those set forth in City Code, for the safe operation of
electric personal assistive mobility devices within the City and set forth various responsibilities for a)
persons and business entities providing rentals, leases, and/ortours of EPAMDS, and b) operators
of EPAMDS.
ln addition to City Code regulations contained in Chapter 70 and in the City's Administrative Rules,
Section 82-438 of the Ci$ Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and4Sth Streets, exceptwhen required bydisabled persons, strollers, oras
required by fire, police, ocean rescue, or other city employees and agents as may be authorized by
the City Manager.
Pursuant to Ordinance No. 2014-3862 passed and adopted by the City Commission on May 21,
2014, the regulations in Section 70-67 were amended to prohibit motorized means of transportation
in the following additional areas:
. Beachwalk between 1Sth and 23'd Streets. Beachwalk between 64th and 79th Streetso Beachwalk south of Sth Streeto Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway) between
Sth and 15th Streets
384
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19,2014
Page 3 of 4
. Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street
o South Pointe Park cutwalk adjacent and parallel to Government Cut
o Marina Baywalk adjacent and parallel to Biscayne Bay and South of 5th Street
Attached herein is a map depicting the City's coastal pathways, both existing and planned, where
motorized means of transportation are prohibited by the City Code and by US Code provisions
applicable to federally funded segments of the Beachwalk.
On June 11,2014, Ordinance No. 2014-3881 was adopted that prohibited the operation of bicycles
on Lincoln Road between 9:00 am and 2:00 am. Ordinance No. 2014-3881 also revised 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 by other than human power, such as motorized skateboards and
skates, but not those devices defined as a "vehicle" under state law. Those 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 and are enforced by the City's Police
Department as moving violations under Section 316.1 995 of the Florida Statutes.
To address additional safety concerns and accidents alreadyexperienced in the City, Ordinance No.
2014-3883 was adopted on July 23, 2014 to further amend the provisions in Chapter 70 by
incorporating the Administrative Rules into the City Code and adding stricter penalties for insurance
violations for business entities providing rentals, leases, and/ortours of EPAMDS. These additional
provisions continued to address the safety concerns resulting from the accidents and collisions
between motorized means of transportation and pedestrians that have occurred on the City's
sidewalks, bicycles paths, and pedestrian ways. ln addition, events held during high impact periods
can increase pedestrian traffic by the thousands, and it is unsafe for any vehicle or motorized means
of transportation to operate on streets closed by the Police Department for such events as those
streets are then utilized by dense pedestrian traffic. Thus, a provision was added to prohibit
motorized means of transportation on any street or road closed to motor vehicular traffic by the
Police Department for events during high impact periods.
PROPOSED ORDINANCE
At the July 23, 2014 City Commission meeting, during the second reading of Ordinance No. 2014-
3883, City Commission referred resident suggestions for further amendments to Chapter 70 to the
Neighborhood/Community Affairs Committee (NCAC) and to bring an Ordinance back to the City
Commission in October.
At the July 25, 2014 NCAC meeting, suggestions for further amendments, proffered by residents in
attendance, were discussed. The NCAC passed a motion directing the Administration to reviewthe
residents'suggestions and bring a revised Ordinance back to NCAC in October.
Pursuant to the above direction, this proposed Ordinance was presented to the City Commission on
October22,2014 and the NCAC on October 31,2014. The proposed Ordinance incorporates many
of the resident and City staff recommendations for further amendment and is recommended for
adoption on first reading.
The Ordinance presented at First Reading on October 22,2014 before the City Commission set
forth various housekeeping amendments, as well as additional safety regulations, such as:
o Adding a deflnition of "high impact periods" in Sec. 70-66 because these periods, currently
defined and cross-referenced in Sec.46-92(gX1)(b), are being deleted from Sec.46-
92(gX1Xb) in another unrelated ordinance concerning commercial handbills. A
385
Commission Memorandum - Ordinance Prohibiting Motorized Means of Transportation on Beachwalks
November 19,2014
Page 4 of 4
corresponding amendment is made in Sec. 70-67(9).
o Amending the definition of motorized means of transportation to exempt motorized devices
and wheelchairs when used by disabled persons, and making corresponding amendments
throughout Division 2.
o Amending Sec. 70-67 to add South Pointe Park Pier to the list of areas where motorized
means of transportation are prohibited, as well as making certain clarifying clean-up
amendments.o Making the responsibilities applicable to EPAMDs users in Sec. 70-69 also applicable to
users of other motorized means of transportation.
o Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDs, to strengthen the licensing, certification, and document requirements; expand the
requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibitions
regarding towed objects or persons.
o Amending Sec. 70-71to provide minor housekeeping amendments.
Subsequentto the City Commission meeting on October 22,2014, and during the NCAC meeting on
October 31,2014, additional modifications to the Ordinance were discussed and recommended by
the NCAC, including the following:
o Deleting the requirement that the street address and phone number of the entity renting,
leasing, or providing tours of EPAMDs be on the device (see Sec. 70-70(n)).
o Adding a requirement that the tour leader of EPAMDs wear a shirt with the name of the
entity conducting the tour in lettering at least 4 inches in height on the front and back of the
shirt (see Sec. 70-70(eX4)).o Clarifying that violations written by a Code Compliance Officer may alternatively be written by
a Police Officer (see Secs. 70-66 and 70-71(b)).
At the October 31, 2014 NCAC meeting, the Committee also discussed potential regulations for
motorized "toy" vehicles, such as motorized skateboards, and recommended that "toy" vehicles be
regulated separately.
ln addition, the following items, which had been included in first reading, have been removed atthe
request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items were
not included in the printed NCAC agenda for October 31,2014 and were not discussed bythe
Committee, but were included in the red-lined handout at the NCAC meeting:
o Deleting the proposed prohibition of roller skating and in-line skating on Lincoln Road (see
Sec. 70-67(a)).. Removing the requirement that EPAMD operators only travel in single file during a tour (see
Sec. 70-69(cX5)).
o Eliminating the verbal notification of insurance coverage cancellatien (see Sec. 70-70(b)).
ln addition, a scrivener's error in Sec. 70-70 (a)(3) was corrected after First Reading.
RECOMMENDATION
ln the interest of public safety and in response to public input received at the October 22,2014 City
Commission meeting, and at the October 31,2014 NCAC meeting, the Administration is
recommending the additional safety regulations and housekeeping amendments set forth in the
Ordinance.
Attachment: Map of Prohibited Areas
KGB/JRG/XRF
T:\AGENDA\2014\Novembe^Transportation\Ordinance Prohibiting Motorized Means Of Transportation on Beachwalk MEMO November 19 2014.docx
386
ffirc
Path: M1$CN.4B\GlS\Proiects\14-SegwayProhibitedAreas\ArcN'1ap\Segway (revised) mxd387
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
oFFENSES," BY AMENDING ARTICLE ll, ENTITLED',pUBL|C PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARD!NG,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SECTION 70-66, ENTITLED..DEFINITIONS" TO INCORPORATE THE EXEMPTION FOR MOTORIZED
WHEELCHAIRS AND SIMILAR DEVICES USED BY DISABLED PERSONSINTO THE DEFINITION OF "MOTORIZED MEANS OF
TRANSPORTATION," MAKING CORRESPONDING AMENDMENTS
THROUGHOUT DIVISION 2, AND ADDING A DEFINITION FOR HIGH
IMPACT PERIODS; BY AMENDING SECTION 70-67, ENTITLED..PROHIBITED ACTIVITIES," TO AMEND THE LOCATIONS WHERE
MOTORIZED MEANS OF TRANSPORTATION ARE PROHIBITED; BY
AMENDING SECTION 70-69, ENTITLED "RESPONSIBIL!T!ES OF
BICYCLISTS, SKATERS, AND PERSONS OPERATING ELECTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
OPERATING MOTORIZED MEANS OF TRANSPORTATION; BY
AMENDING SECTION 70.70, ENTITLED "RESPONSIBILITIES OF
PERSONS AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES,
AND/OR TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICES," BY AMENDING THE RESPONSIBILITIES SET FORTH
THEREIN; AND BY AMENDING SECTION 70-71, ENTITLED
"ENFORGEMENT; PENALTIES," TO PROVIDE HOUSEKEEPING
AMENDMENTS; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach seek to
encourage the safe use of sidewalks and bicycle paths in the City; and to facilitate and balance
the health, safety, and welfare interests of bicyclists and pedestrians, utilizing bicycle paths,
sidewalks, and sidewalk areas in the City; and
WHEREAS, the City of Miami Beach is an international tourist destination that attracts
visitors from around the world year round which thereby significantly increases the use and
congestion of the City's bike paths, sidewalks, and pedestrian ways; and
WHEREAS, Section 316.2068(5) of the Florida Statutes was amended, effective July 1,
2012, to provide that a "municipality may regulate the operation of electric personal assistive
mobility devices on any road, street, sidewalk, or bicycle path under its jurisdiction if the
governing body of the...municipality determines that regulation is necessary in the interest of
safety"; and
WHEREAS, Section 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
388
coasters, and other toy vehicles; and
WHEREAS, due to the safety concerns and injuries already experienced on sidewalks
and bike paths in the City, the Mayor and City Commission has previously determined that it is
in the interest of public safety that electric personal assistive mobility devices, and other
motorized means of transportation, be regulated as provided in Division 2 of Article ll of Chapter
70 and Article I of Chapter 106 of the City Code and, in furtherance thereof, passed and
adopted the provisions in Ordinances Nos. 2012-3780,2014-3862, and 2014-3881; and
WHEREAS, pursuant to Resolution No. 2012-28041, Administrative Rules regulating
businesses that lease, rent, or provide tours for electric personal assistive mobility devices, and
the persons that operate such devices, were adopted by the City Commission in the interest of
safety; and
WHEREAS, the regulations set forth in the Administrative Rules were subsequently
incorporated into the City Code pursuant to the adoption of Ordinance No. 2014-3883 in the
interest of safety, along with other additional regulations concerning electric personal assistive
mobility devices, and the enforcement, penalty, and appeal provisions relative to violations of
such regulations; and
WHEREAS, the Mayor and City Commission have determined that further clarifying and
housekeeping amendments, as well as additional regulations for the safe operation of electric
personal assistive mobility devices, and for the safe operation of other motorized means of
transportation, as such terms are defined in the City Code, should be adopted as set forth
herein in the interest of public safety.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE GIry OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
GHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
Bicycle means every vehicle propelled solely by human power, having two
tandem wheels, and including any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term does not include such a vehicle
with a seat height of no more than 25 inches from the ground when the seat is adjusted
389
to its highest position or a scooter or similar device. The term does not include non-
motorized vehicles for hire as defined in section 106-463 of the City Code.
Bicycle path means any road, path or way that is open to bicycle travel which
road, path, or way is physically separated from motorized vehicular traffic by an open
space or by a barrier and is located either within the highway right-of-way or within an
independent right-of-way, and as defined and authorized by state law and the City Code,
and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are
within the Atlantic Greenway Network as set forth in appendix A.
Code complrance officer means a code insoector as defined in Section 30-3 of
tne Citv CoOe anO.
officels=
Electric personal assisfive mobility device means any self-balancing, two non-
tandem wheeled device, designed to transport only one person, with an electric
propulsion system, and includes the definltion set forth in Section 316.003(83) Fla. Stat.,
as may be amended.
Grinding means the process by which a skater or skateboarder attaches to a
curb or rail and slides along the edge of the curb or rail.
Hhh impacf periods means those periods of time as annuallv desionated bv the
citv manager durinq which one or more of the followinq occur.
O There is a desionated maior event period;
!l) A maintenance of tratfic plan is required (e.q.. includinq. but not limited to,
street closures, lane closures. shuttle service):
!ll) Hotel occupancv levels are anticipated to be sreater than 75 percent:
!y) Mutual aid or other assistance from outslde aqencies is required to provide
for the safetv and well-beino of residents and visitors to the destinations. or
IU An event on public propertv is anticipated to result in more than 25,000
visitors to the destination.
Launching means using any angled or elevated surface which the skater,
skateboarder, or cyclist can jump from in order to get airborne.
Motorized means of transportafion means any devices or means of transportation
which are propelled other than solely by human power and includes, but is not limited to,
electric personal assistive mobility devices, motorized skateboards, motorized skates,
and any other motorized device not defined as a vehicle in Section 316.003, Fla. Stat.,
as may be amended; but shall not include motorized devices and wheelchairs when
used bv disabled persons.
390
Rail sliding means {++reeess} an activitv similar to curb or edge grinding.
Handrails are often used for rail sliding, in which the skater jumps to the top of the rail
and slides down the decline.
Stalling means the process by which a skater or skateboarder attaches to a curb
or edge in the space between the second and third wheel of the in-line skate or any part
of the skateboard.
Sec. 70-67. Prohibited activities.
(a) lt shall be unlawful for any person to engage in skateboarding, r€{€#€i€+in€#€+}B-
li€€-€+eti€€ at any time, to operate any motorized means of transportation at any
time,
per€€nq or to engage in bicycling between 9:00 a.m. and 2.00 a.m., in, on, or upon
any portion of Lincoln Road Mall lying west of the westerly line of Washington
Avenue to the easterly line of Alton Road.
(b) lt shall be unlawful for any person to engage in bicycling, roller skating, in-line
skating, or skateboarding, in, on, or upon any portion of the sidewalk on the west
side of Ocean Drive between South Pointe Drive and 15th Street at any time.
(c) lt shall be unlawful to operate, at any time, any motorized means of transportation,
exeept fer wheelehairs er ether meterized means ef transpertatien when used by
+cableC+€r€€nsr in, on, or upon any portion of:
f) the Beachwalk between 1Sth and 23'd Streets, between
64th and 79th Streets, Ssouth of 5th Street--CId-gn-ely
additional seqments of the Beachwalk that mav be
constructed in the future:
bl] the Lummus Park Promenade (also known as the
Lummus Park Serpentine Walkway) between Sth and 1Sth
Streets;
e(!) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 15th Street;
d(!) the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
e(O the Marina Baywalk adjacent and parallel to Biscayne
Bay and south of Sth Streeq
(6) the interior pathwavs within South Pointe Park and Collins
Park: and
(7) the South Pointe Park Pier.
391
It shall be unlaMul to operate any motorized means of transportation, in, on, or upon
any sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other
motorized means of transportation when used by disabled persons and (b) electric
personal assistive mobility devices, where othenruise not prohibited, which shall be
restricted to a maximum speed of eight miles per hour.
(e) lt shall be unlawful to operate an electric personal assistive mobility device on any
bicycle path in the city, where othenryise not prohibited, at a speed greater than eight
miles per hour.
(0 lt shall be unlawful to grind, rail slide, launch, e+ stall or to enoaqe in anv other such
tvpe of activitv on the a skateboard, in-line skates, or roller skates er+e+iqg€g+in
whichresultsinthedamageofpublicorprivate
property.
(g) lt shall be unlawfulte eperate an eleetrie persenal assistive mebility deviee en interier
patnways wmin So
It shall be unlawful to operate any motorized device defined as a vehicle in section
316.003,Fla.Stat.andanymotorizedmeanSoftransportation@
wheelehairs when used by disabled persens, on any street or road that is closed to
motor vehicle traffic by the Police Department for events during high impact periods;
ien
l6 e2(sx1Xb).
(h) All of the prohibitions in this section shall applv to the areas identified
notwithstandinq anv chanoe in the name of the street, riqht-of-wav, or facilitv.
Sec.70-68. Exemptions.
Police depaftment and code compliance department bicycle, in-line skate, and electric
personal assistive mobility device patrol units, vehicles, and motorized means of transportation;
city service and transit vehicles; city-contracted security and maintenance service vehicles;
service vehicles authorized by the city for use by city lessees, concessionaires, or other city
contractors operating pursuant to any agreement with the city; and a person dismounted from
and walking a bicycle, shall be exempt from the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating eleetrie
iees motorized means of transportation.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating eleetrie persenal as a
motorized means of transportation in the following areasr-exeept-{er+leetrie
set-fe4h+n{q{1):
(1) On the grounds of any public facility including, but not
limited to, city hall, municipal parking garages, city police
and fire stations, city public works yards, and historically
designated Citv properties=: angl
(d)
392
(b)
(c)
(2) On any public walls, ramps, fountains, or other fixtures or
structures.
Bicycles shall not be chained or othenruise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating an eleetrie persenal assistive mebility deviee a motorized
means of transportation where othenruise not prohibited, such person s,hall..
fl) shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or othersr;
tA shall not obstruct or endanger pedestrian or vehicular
traffic;
IO shall yield the right-of-way to any pedestrian, 49!shall give
an audible signal before overtaking and passing such
pedestrian;- and
t!) shall not enqaqe in such activitv with a trailer or anv other
passenoer or towed obiect or person except for the lawful
use of a child seat on a bicvcle.#
Whenever a person is operating an eleetrie persenal assistive mebility deviee, g
motorized means of transportation such person:
(1) Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify himself/herself to the victim and to the police officer; and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device=; angl
(2) Shall not operate the eleetrie persenal assistive mebility deviee the
motorized means of transportation between sunset and sunrise or during
inclement weather.
Whenever a person is operating q
motorized means of transportation, such person shall comply with all applicable
federal, state, and county regulations, administratienve rules, and laws, and all
applicable administrative rules established by the city.
(d)
(e)
393
Sec. 70-70. Responsibilities of persons and business entities providing rentals, Ieases,
and/or tours of electric personal assistive mobility devices.
Any person or business entity that rents, leases, and/or provides tours for electric
personal assistive mobility devices shall:
(a)Obtain a business tax receipt from the City pursuant to chapter 102 of the City
Code A business tax receipt shall not be issued unless the Citv is furnished with
documentarv evidence that said person or business entitv is currentlv in
compliance with:
CI the insurance requirements in Sec. 70-70(b):
{A the speed certification requirements of Sec. 70-70(c): and
Gl the +eel*+a*ee document requireme i
Previde Maintain a minimum of $1,000,000.00 in commercial general liability
insurance coverage, including bodily injury and property damage, from an
insurance company that is Best Guide rated B+ Vl or better, that includes
medical payment coverage no less than $5,000 for any injured persons, and that
includes the City of Miami Beach as an additional named insured, a waiver of
subrogation clause, and shall specifically cover third party damages resulting
from the ownership, maintenance, and/or use of the electric personal assistive
mobility devices, however caused, and shall not have a clause excluding losses
resulting therefrom. A certificate of insurance shall be furnished to the Citv which
evidences that said coveraqe is currentlv in effect. Not later than ten business
davs before the expiration of the coveraqe period reflected in each Certificate of
lnsurance, the person or business entitv shall furnish to the Citv a renewal
Certificate of lnsurance. evidencinq said coveraqe for a renewal period of not
less than one vear. lf. at anv time. the person or business entitv receives ve+bd
e+ written notification W of the cancellation of such
coveraoe. said person or business entitv shall immediatelv advise the Citv in
writino of such notification:
Provide an annual certificate from an authorized electric personal assistive
mobility device dealer, dated and executed bv the dealer's authorized
representative verifying that on a date not more than thirty (30) davs before the
date of the certificate. the dealer inspected each device made available frem for
rent, lease, or tour has been set to a maximum speed of eight mph;
Obtain a combined release of liability, hold harmless agreement, and an
acknowledqement of receipt of the summarv of Sections 70-66 throuoh 70-71 of
the Citv Code. the map of prohibited areas. the traininq provided. and the offer of
a helmet as required bv Sec. 70-70(q) and Sec. 70-70(h). all as acceptable to the
city attorney, signed by all renters of electric personal assistive mobility devices;.
The combined siqned documents shall be made available for inspection by the
city at any time during business hours. lf the renter is under the aoe of 18. his or
her parent or leoal quardian must siqn the combined release. and hold harmless
aoreement. and acknowledoements:
(b)
(c)
(d)
394
(ixe) Provide a.ll each renters of electric personal assistive mobility devices with a Citv
approved summarv of Sections 70-66 throuqh 70-71 eepy ffi
rc++neptergO of the City Code and the City's map of prohibited areas of
operation, the reeeipt ef whieh shall be aeknewledged in writing by the renter;
end
0)$ Pest Displav a copy of Division 2 of Article ll of Chapter 70 of the City Code, and
a copy of the City's map of prohibited areas of operation, in a conspicuous place
at the location where the electric personal assistive mobility devices are leased
or rented,;
(nX$ Securelv4affix the nsry1 of the person or
business entity that rents/leases and/or provides tours, as well as a unique
device lD number, all of which shall be in lettering and numbers at least 4" in
height, on the front and back of each electric personal assistive mobility device
that is leased or rented,: angl
(h) Provide training as to the safe operation of electric personal assistive mobility
devices to all lessees or renters of the devices. The person or business entity
must maintain written proof, signed by the lessee or renter, that establishes the
training provided for the safe operation of the electric personal assistive mobility
device,.
(eX+) Lease, rent, or use electric personal assistive mobility devices.
fll onlv for tours enly;
tA tours shall onlv be conducted between sunrise and sunset and not during
inclement weatheq
(3) tours shall be limited to eioht (8) tour customers and one (1) emplovee
tour leader; and
tg the tour leader a) must accompanv e
the safe use and operation of electric personal assistive mobilitv devices+
and b) shall wear a s
tnat is conducting
heioht on the front and back of the shirt.
(g)(j) Lease, rent or provide tours on electric personal assistive mobility devices only topersons that weigh 100 or more pounds and all
persons under the aoe of 16 on a tour must wear a bicvcle helmet in accordance
with F.S. S316.2068. as mav be amended=i
(k) Not lease, rent or provide tours on electric personal assistive mobility devices
tha[
fll are, or are suspected to be, unsafe for use-.;
tA not set to a maximum speed of 8 mph: and/or
395
Ig)(n)
(!) have a trailer or anv other passengers, or towed obiects or persons-
Not lease, rent or provide tours to persons who.
(l) are believed to be intoxicated; or under the influence of
anv druq or substance that impairs the operator's abilitv to
operate the electrical personal assistive mobilitv device.
tA act with reckless disregard or indifference to the safety of
others, and/or
(!) are incompetent to operate an electric personal assistive
mobility deviceo
Promptly report any accidents regading involvinq leased or rented electric
personal assistive mobility devices to the Miami Beach Police Department and
Miami Beach Fire Rescuel
Comply with all administrative rules that may be established by the city regarding
rentals, leases, tours, and the safe operation of electric personal assistive
mobility devices.
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions in sections 70-67 and 70-69(a)-(c) by persons
operating electric personal assistive mobility devices or engaged in bicycling,
skateboarding, in-line skating, roller skating, or operating any motorized means
of transportation, shall be enforced by a police officer and shall be deemed a
noncriminal infraction as defined in F.S. S 318.13(3) and shall be subject to the
penalties set forth in F.S. $ 316.655, as mav be amended.
(b) A violation of the provisions in sections 70-69(d)-(e) and 70-70 shall be enforced
bv a code comoliance officer (which. as defined in Sec. 70-66. includes a oolice
otrieet) in accordance with the following procedures and penalties:
(1) lf a code compliance otficer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The notice
shall inform the violator of the nature of the violation, amount of fine for which
the violator may be liable, instructions and due date for paying the fine, notice
that the violation may be appealed by requesting an administrative hearing
within ten (10) days after service of the notice of violation, and that failure to
do so shall constitute an admission of the violation and waiver of the right to a
hearing.
(2) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine as follows for violations of sections 70-69(d)-(e):(i) Firstoffense..........$100.00;(ii) Second offense .....$250.00;(iii) Thirdoffense.........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00;
(t)
(m)
396
(3)
(4)
(s)
(6)
(7)
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(c[nxs):(i) First offense .........$250.00;(ii) Secondoffense.....$500.00;(iii) Thirdoffense......$1,000.00;(iv) Fourth and subsequent offenses .....$2,000.00;
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) First offense .........$1,000.00;(ii) Second offense .....$2,500.00;(iii) Third and subsequent offenses .....$5,000.00; or
d. Request an administrative hearing within ten 10 days before a
special master appointed as provided in article ll of chapter 30 to
appeal the decision of the code compliance officer which resulted
in the issuance of the notice of violation. lf the offense is a
vlolation of section 70-70(b), the operation of the business must
cease untilthe required insurance is obtained.
lf the offense is a fourth or subsequent offense of section 70-69(d)-(e) or
70-70(a) or (c)-(n), it shall also be considered an habitual offender offense
and, in addition to the penalty set forth in subsections 70-71(b)(2)a.(iv)
and 70-71(b)(2)b.(iv); the city manager may issue an administrative
complaint for the suspension or revocation of a business tax receipt and
certificate of use as provided in sections 102-383 through 102-385.
lf the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within ten (10) days of the
issuance of the notice of violation.
Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
10
397
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
othenruise execute upon the lien.
The procedures for appeal of the notice of violation by administrative
hearing shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made 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.
(a(€)
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the day of 2014.
PASSED AND ADOPTED this
ATTEST:
2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+rit<e+n+eughs de n otes deleti on s
Double underline denotes additions after First Reading
Double strikethrough denotes deletions after First Reading
(Sponsored by Commissioner Jonah Wolfson)
day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the regulations and requirements for
short-term rentals to include properties located within the Collins Waterfront Local Historic District.
FIRST READING - PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to allow for short-term
rentals for RM-1 properties in the Collins Waterfront Historic District under certain circumstances.
On October 22, 2014, the City Commission continued the item to a date certain of November 19,
2014.
The Administration recommends that the City Commission open and continue First Reading for the
proposed Ordinances to a date certain of December 17,2014.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmenta! Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the rioht amount."
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No.2204).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\2014\November\RM-1 Collins Park STR - SUM First Read OC.docx
AGENDA ITEM [\ A \'MIAMIBEACH DATE400
MIAMIBEACH
€ify of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch. Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT:Short Term Rentals in the Collins Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZON!NG DISTRICTS AND REGULATIONS'" ARTIGLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS'" DIVISION 3,..SUPPLEMENTARY USE REGULATIONS'" TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INGLUDE PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT
LOCAL HISTORIG DISTRIGT; PROVIDING FOR REPEALER;
SEVERABILIW; CODIFIGATION; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinances to a date certain of December 17,2014.
BAGKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
allow short term rentals in the RM-1 districts In the Collins Waterfront Historic District,
under limited circumstances.
On June 12,2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4C).
The RM-1 zoning district, within the Collins Waterfront Historic District, does not permit
hotels, and does not permit short-term rentals of apartments. The proposed Ordinance
would allow short term rentals in the RM-1 areas of the Collins Waterfront Historic
District, under limited circumstances, similar to Ordinance 2010-3685, adopted by the
City on June 9, 2010, which permitted short term rentals in very limited circumstances
within the Flamingo Park neighborhood.
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
the Ci[y Commission
FIRST READING - PUBLIC HEARING
401
Commission Memorandum
Ordinance Amendment - ShorT Term Rentals in the Collins Wateffront Historic District
November 19, 2014 Page 2 of 4
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
With the exception of those properties fronting Harding Avenue or Collins Avenue, from
the City Line on the north to 73rd Street on the south, hotels are not permitted within the
RM-1 zoning district.
Section 142-111'l of the City Code regulates the short{erm rental of apartment units or
townhomes. Under the City Code, 'short term rentals' are defined as the rental of
apartment or townhome residential properties in districts zoned RM-1, RM-PRD, RM-
PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods of less than six months
and one day. Properties zoned RM-2, RM-3, CD-2 and CD-3 permit hotels, so rental
periods less than 6 months are permitted, subject to all applicable building and fire
regulations.
The RM-1 zoning district does not permit hotels, and does not permit short-term rentals
of apartments. Ordinance 2010-3685, adopted by the City on June 9, 2010, clarified
this, while grandfathering-in a small number of existing short term rentals in very limited
circumstances within the Flamingo Park neighborhood. Section 142-1111 of this
Ordinance contains a provision that would allow other neighborhoods to permit short
term rentals in the future by action of the City Commission.
The attached Ordinance would allow short term rentals in the RM-1 areas in the Collins
Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south,
Pinetree Drive on the west, 25th Street on the north, and Lake Pancoast on the east)
already engaged in short-term rentals. This ordinance would legalize those properties
currently operating such transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning
districts. The subject area is bounded by more intense commercial and high density
multi-family districts to the immediate south (Cd-3 zone across Collins Canal) and east
(RM-3 District across Lake Pancoast). To the west of the subject area are Government
(Fire Station 2) and lnstitutional (Hebrew Academy) uses. The area to the immediate
north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for
recently restored historic buildings within the RM-1 zoned area of the Collins Waterfront
Local historic district. ln order to provide an appropriate buffer from the more low scale
single family district, it is suggested that any property within this district that has a
property line on West 25th Street not be permitted to have short term rentals. Also, the
eligibility for short term rentals should be limited to fully restored, 'Contributing' buildings
within the district.
ln summary, with appropriate safeguards, and given the intensity of the districts and
uses on the west, south and east sides of the subject RM-1 district, the proposal for a
limited short-term rental eligibility window is not expected to have any detrimental
impacts on the surrounding area. The Ordinance attached includes the safeguards and
eligibility limitations delineated herein.
402
Commission Memorandum
Ordinance Amendment - Short Term Rentals in the Collins Waterfront Historic District
November 19, 2014 Page 3 of 4
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposal to
the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
UPDATE
On October 22, 2014, the City Commission discussed the proposed Ordinance
Amendment at First Reading. Some concerns regarding the size of the area proposed
for allowing short term rentals, the total numbers of properties, as well as outreach to
area residents, were raised. The item was continued to a date certain of November 19,
2014. Subsequent to the October 22, 2014, the original proposers of the Ordinance
requested that the matter be continued to December 17,2014, in order to adequately
address the issues and concerns raised at the October 22,2014 Commission meeting.
CONCLUS!ON
The Administration recommends that the City Commission open and continue First
-ffiJffi:: "J::;,.,_::":::"*"er
17 2014
403
Commission Memorandum
Ordinance Amendment - Shoft Term Rentals in the Collins Wateiront Historic District
November 19, 2014 Page 4 of 4
404
SHORT TERM RENTALS IN COLLINS WATERFRONT DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142,"ZON!NG DISTRICTS AND REGULATIONS'" ARTICLE
!V, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 3,..SUPPLEMENTARY USE REGULATIONS", TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS
TO INCLUDE PROPERTIES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Code contains provisions for the short term rental of
apartments and townhomes in those zoning districts that do not permit hotel uses; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to the short term rental of apartments and townhomes for the Collins
Waterfront Historic District to allow short term rentals in a portion of that District; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26,2014, by a vote of 6-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations", Article lV,
"Supplementary District Regulations", Division 3, "Supplementary Use Regulations", of
the City Code is hereby amended as follows:
Sec. 1 42-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and prohibitions.
(1) The rental of apartment or townhome residential properties in districts zoned RM-
1, RM-PRD, RM-PRD-2, RPS-1 and RPS-2, CD-1, RO, RO-3 or TH for periods
of less than six (6) months and one day, unless expressly provided for in these
land development regulations (such as for a portion of the RM-1 district, and for
apartment hotels in the RPS-1 and RPS-2 districts) are not a permitted use in
such districts unless conducted in accordance with this section.
(2) Any advertising or advertisement that promotes the occupancy or use of the
residential property for the purpose of holding commercial parties, events,
assemblies, gatherings, or the occupancy of a residence for less than six months
405
and one day, as provided herein, or use of the residential premises in violation of
this section.
a. "Advertising" or "advertisement" shall mean any form of communication for
marketing or used to encourage, persuade, or manipulate viewers, readers or
listeners for the purpose of promoting occupancy of a residential property for
the purpose of holding commercial parties, events, assemblies, gatherings. or
the occupancy of a residence for less than six months and one day, as
provided herein, upon the premises, as may be viewed through various
media, including, but not limited to, newspaper, magazines, flyers, handbills
television commercial, radio advertisement, outdoor advertising, direct mail,
blogs, websites or text messages.
(b) Previously existing short-term rentals in specified disfrrcfs. For a period of six months
after the effective date of the ordinance enacting this section (June 19,2010), owners of
certain properties located in the following districts shall be eligible to apply for approval
of a certificate of use permitting short{erm rental of apartment and townhome residential
units for these properties under the requirements and provisions set forth below. Other
neighborhoods may be added to this provision in the future by action of the city
commission.
fll Districts: Properties within the RM-1 and TH zoning districts in the
Flamingo Park and Espanola Way Historic Districts.(A) Eligibility: Those properties that can demonstrate a current and
consistent history of shortterm renting, and that such short-term rentals are the
primary source of income derived from that unit or building, as defined by the
requirements listed below,.
fl)fiLFor apartment buildings of four or more units, or for four or
more apartment units in one or more buildings under the same
resort tax account. ln order to demonstrate current, consistent and
predominant short-term renting, the property must comply with all
of the following:
a. Have been registered with the city for the payment of
resort tax and made resort tax payments as of March 10,
2010; and
b. Have had City of Miami Beach Resort Tax taxable room
revenue equal to at least 50 percent of total room revenue
over the last two-year period covered by such payments;
and
c. Have been registered, with the State of Florida as a
transient apartment or resort condominium pursuant to
Chapter 509, Florida Statutes, as of March 10, 2010.
For properties containing more than one apartment building,
eligibility may apply to an individual building satisfying a. through
c. above.
(2[1j)For apartment and townhouse buildings of three or less
units, or for three or less apartment units in one or more buildings
406
under the same state license+. ln order to demonstrate current,
consistent and predominant short-term renting, the property must:
a. Have been registered with the State of Florida as a
resort dwelling or resort condominium pursuant to Chapter
509, Florida Statutes, as of March 10, 2010.
(e)(E) Time periods to apply for shortterm rental approvals.
(1)O Owners demonstrating compliance with subsections
(bXlXAX|) or (ii) above, shall apply for a certificate of use
permitting short-term rental as detailed in subsection 142-1111(0
within a time period of six months from the effective date of this
section (June 19, 2010), or be deemed ineligible to proceed
through the process specified herein for legalization of shortterm
rentals.
(2{jj)Within three months of the effective date of the ordinance
enacting this section (June 19, 2010), eligible owners shall apply
to obtain all necessary approvals to comply with the Florida
Building Code, Florida Fire Prevention Code and with all other
applicable life safety standards.
(3)!!l Compliance with the applicable requirements of the Florida
Building Code and Florida Fire Prevention Code, shall be
demonstrated by October 1, 2011, or rights to engage in short-
term rental under this section shall be subject to restrictions and/or
limitations as directed by the building official and/or fire marshal.
This subsection shall not prevent these officials from undertaking
enforcement action prior to such date.
(4xly) Applications under this €'rdinen€e Section may be accepted
until 60 days after adoption of this subsection (adopted on April
11,2012; 60 days expire June 11,2012), upon determination to
the planning director that a government licensing error prevented
timely filing of the application.
Je) Collins Waterfront Local Historic District.
(i) Owners of propertv located in the Collins Waterfront Local
Historic District, shall be eliqible to applv for approval of a
certificate of use permittinq shortterm rental of apartment and
townhome residential units under the requirements and provisions
set forth below:a. Onlv those properties not havino a lot line on West
2stn str b. Onlv buildinos classified as 'Contributinq' in the
Citv's Historic Properties Database shall be eliqible for short term
rentals. The buildinq and propertv shall be fullv renovated and
restored in accordance with the Secretarv of the lnterior
Guidelines and Standards. as well as the Certificate of
Appropriateness Criteria in chapter 1 18. article X of these Land
Development Requlations:
407
c. The propertv must have reoistered with the State of
Florida as a transient or condominium pursuant to Chapter 509.
Florida Statutes. as of the effective date of this Ordinance.d. The propertv must have reqistered with the Citv for
the pavment of resort tax and made resort tax pavments as of as
of the effective date of this Ordinance.e. For properties containinq more than one aoartment
buildino, elioibilitv mav applv to an individual buildinq satisfvinq a.
throuqh d. above.
(D)Time period to applv for short-term rental approvals for those
properties located in the Collins Waterfront Architectural District.(i) Owners demonstratino compliance with subsections
(Cx4i)a-e above, shall applv for a certificate of use oermittinq
sho(-term rental as detailed in subsection 142-1111(e) within a
time period of six (6) months from the effective date of this
ordinance. or be deemed ineliqible to proceed throuqh the process
specified herein for leoalization of short{erm rentals.
(ii) Within three (3) months of the effective date of the
ordinance enactinq this section. eliqible owners shall applv to
obtain all necessarv approvals to complv with the Florida Buildinq
Code. Florida Fire Prevention Code and with all other applicable
life safetv standards.
(iii) Compliance with the applicable requirements of the
Florida Buildinq Code and Florida Fire Prevention Code. shall be
demonstrated bv the effective date of this Ordinance. or riohts to
enoage in shortterm rental under this section shall be subiect to
restrictions and/or limitations as directed bv the buildinq official
and/or fire marshal. This subsection shall not prevent these
officials from undertakino enforcement action prior to such date.
(E) ln the event a building approved for shortterm rentals in accordance
with subsections (dCX4i) and (dDX2ii) above is demolished or destroved. for anv
reason, the future use of anv new or future buildino on that propertv shall not be
permitted to enqaqe in short-term rentals. nor aoplv for short-term rental
approval.
(C{g) Regulations. For those properties eligible as per (b) er{dl above, unless othenruise
expressly provided for in these land development regulations, short-term rental of
apartment and townhome residential units shall be permitted, provided that the following
mandatory requirements are followed :
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in shortterm rental, must obtain a certificate of
use permitting short-term rental under this section. The application for approval
to engage in shortterm rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
408
The application for a certificate of use permitting short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All short{erm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
at a minimum: the beginning and ending dates of the lease term; and each
lessee's contact information, as applicable. No unit may be rented more
frequently than once every seven days.
(3) Contact person. All rentals must be supervised by the owner, manager, or a
local and licensed real estate broker or agent or other authorized agent licensed
by the city, who must be available for contact on a 24-hour basis, seven days a
week, and who must live on site or have a principal office or principal residence
located within the Flaminge Park er Espanela Way histerie foreqoinq districts.
Each agreement, license, or lease, of scanned copy thereof, must be kept
available throughout its lease term and for a period of one year thereafter, so that
each such document and the information therein, is available to enforcement
personnel. The name and phone number of a 24-hour contact shall be
permanently posted on the exterior of the premises or structure or other
accessible location, in a manner subject to the review and approval of the city
manager or designee.
(4) Entire unit. Only entire apartment units and townhomes, as defined in section
114-1, legally created pursuant to applicable law, may be rented under this
section, not individual rooms or separate portions of apartment units or
townhomes.
(5) Rules and procedures. The city manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Etfect of violations on /lcensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short{erm
rental licensee were adjudicated either by failure to appeal from a notice of
violation ora special master's determination of a violation, within the 12 months
preceding the date of filing of the application.
(8) Resorf faxes. Owners are subject to resort taxes for rentals under this
section, as required by city law.
(9) Association rules. Where a condominium or other property owners
association has been created that includes the rental property, a letter from the
association dated not more than 60 days before the filing of the application,
stating the minimum rental period and the maximum number of rentals per year,
as set forth under the association's governing documents, and confirming that
shortterm rentals as proposed by the owner's application under subsection (O(1)
409
above are not prohibited by the association's governing documents, shall be
submitted to the city as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
latest version of the association's documents to the city attorney's office for
confirmation of the above.
(10) Variances. No variances may be granted from the requirements of this
section.
(e) (O Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
aA. lf the violation is the first violation: $500.00.
bE. If the violation is the second violation within the preceding 12 months:
$1,500.00.
eQ. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
dq. lf the violation is the fourth violation within the preceding 12 months:
$7,500.00.
eE. lf the violation is the fifth or greater violation within the preceding 12
months: suspension or revocation of the certificate of use allowing short-
term rental.
Fines for repeat violations by the same offender shall increase regardless
of locations.
(2) ln addition to or in lieu of the foregoing, the city may seek an injunction by a
court of competent jurisdiction to enforce compliance with or to prohibit the violation of
this section.
(3) Any code compliance officer may issue notices for violations of this section,
with enforcement of subsection 142-1111(a) and alternative enforcement of subsection
142-1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the
owner, manager, real estate broker or agent, or authorized agent, or any other individual
or entity that participates in or facilitates the violation of this section. ln the event the
record owner of the property is not present when the violation occurred or notice of
violation issued, a copy of the violation shall be served by certified mail on the owner at
its mailing address in the property appraiser's records and a courtesy notice to the
contact person identified in subsection (dgx3) above.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
410
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
December 17,2014
2015
day of 2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\-,,((r{#
Verified By:
Planning Director
Underline = new language
S+i*e$reugh = deleted language
T:\AGENDA\2O14\November\RM-1 Collins Park STR - ORD First Read OC.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the
of Miami Beach Comorehensive Plan and Chanoes to the Zonino Districts Mao.
Intended Outcome
Item Summ
FIRST READING. PUBLIC HEARING
The proposed Ordinance amendments would:
1. Change the Zoning District Classification for a parcel of land located at226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
Intensity" District;
2. Amend Policy 1.2 of the Future Land Use Element of the Comprehensive Plan of the City of
Miami Beach by modifying the Parking (P) Future Land Use Category to allow for residential
uses when abutting a land use category that permits such uses.
The Administration recommends that the City Commission open and continue First Reading for the
oroposed Ordinances to a date certain of December 17.2014.
AGENDA mem RSk
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount."
On August 26,2014 the Planning Board recommended approval of the subject Ordinances by a vote
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Financial lnformation :
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 longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Glerk's Office
Thomas Mooney
T:\AGENDA\2014\NovembeM26 87th Terrace Comp Plan Amnd and Zoning 1st Reading SUM OC.docx
MIAMIBEACH DArE ll-t?-,q414
MIAMIBEACH
City of frtiomi Beoch, ,l700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of t
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: 226 87th Terrace
T READING PUBLIC HEARING
Parking Category - Comprehensive Plan Amendment
Zoning Map Ghange
Parking (P) Category - Comprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 of the Future
Land Use Element of the Comprehensive Plan of the City of Miami Beach
pursuant to the procedures in section 163.3184(3), Florida Statutes, by
modifying the Parking (P) Future Land Use Category to allow for
residential uses when abutting a land use category that permits such
USCS.
226 87th Terrace - Zoning Map Ghange. The applicant, the City of Miami
Beach, is requesting an amendment to the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida,
pursuant to Section 118-162, "Petitions for Changes and Amendments," by
changing the Zoning District Classification for a parcel of land located at226 87th
Terrace, and which is comprised of less than 10 acres, from the current GU,
"Government Use District", to RM-2, "Residential, Multifamily Medium lntensity"
District.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinances to a date certain of December 17,2014.
BACKGROUND
On June 11,2014, at the request of Commissioner Deede Weithorn, the City
Commission referred a discussion item to the Land Use and Development Committee
(ltem C4J), regarding the rezoning of City-Owned land. Additionally the matter was
referred to the Planning Board.
On July 9, 2014 the Land Use and Development Committee recommended approval of
the proposed rezoning.
415
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 2 ol 9
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. A re-zoning of the City owned
'GU' property is necessary in order to provide a consistent zoning designation for the
combined, larger site. Additionally, a Comprehensive Plan Amendment to allow for
residential uses in the 'Parking (P)' future land use category when it abuts a land use
category that allows residential uses is required to maintain consistency between the
Land Development Regulations and the Comprehensive Plan as required by Section
163.3201 , Florida Statutes.
ANALYSIS
The Proposa!
The subject property at 226 87th Terrace is currently zoned "GU Government
Use District" and is owned by the City. The subject site, which is sandwiched
between Collins and Harding Avenue on the northern boundary of the City,
contains an open lot on the west and a public parking lot on the east side. To the
immediate south of the subject GU site is a parking lot (zoned RM-2) owned by
8701 Collins Development, LLC, which is also the owner of the "Biltmore
Terrace" and adjacent parking lot to the east at 8701 Collins Avenue.
A proposal has been put forward, in combination with the privately held parcel to
the immediate south, for a new main use parking structure. The following is
requested as part of the subject applications:
1. A Comprehensive Plan Amendment to allow for residential uses in the
Parking (P) Category future land use designation, to allow that designation
to be compatible with the surrounding residential categories.
2. A re-zoning of the City owned 'GU' property to 'RM-2', which is necessary
in order to provide a consistent zoning designation for the combined,
larger site.
A separate code amendment is pending before the Planning Board that proposes
to: (i) establish regulations for main use garages and sign criteria for ground floor
commercial uses in parking garages located in the RM-2 district adjacent to
North Shore Open Space Park; and (ii) establish a process in which the City may
erect City ldentification Signs near the City's main entry points.
The proposed main use garage would include a mix of at least 100 public parking
spaces, private parking spaces, ground floor commercial uses, and residential
uses. The proposed building would also incorporate entrance signage for the
City. The goal of the development is to provide a signature building at the
entrance to the City that will facilitate pedestrian activity in the area, encourage
the public's use of the beach and the North Shore Open Space Park, while
enhancing the supply of public parking in the atea.
Regardless of the subject ordinance, any development proposed for the site will
416
Commission Memorandum
226 ?y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 3 of 9
be subject to design review and site plan approval.
Planning and Zoning lssues
The "Parking (P)" future land use category provides for the following:
Purpose: to provide development opportunities for existing and new parking
facilities.
Uses which may be permitted; Parking facilities and commercial uses when
located on frontage opposite a land use category that permits commercial use.
The proposed development complies with this purpose, as it will be a main use garage.
However, residential uses are presently not permitted in this category. This can result in
garages that are incompatible with surrounding communities, especially if a garage is
located in an area that is primarily residential. Therefore an amendment is required in
order to ensure that main use garages that are compatible with the surrounding
residential districts. lt should be noted that for other sites with a future land use
designation of Parking (P), a zoning change or amendment will be required if they are
designated GU in order to have residential uses.
The GU zoning only allows government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and
culturalfacilities; monuments and memorials. Residential uses within a main use garage
would not be permitted by the present Comprehensive Plan and zoning regulations, and
requires an amendment to the permitted uses in the future land use category and a
change to the zoning designation that would allow the desired residential use as a main
permitted use.
It is proposed that the Parking (P) future land use category be amended to allow for
residential uses subject to the density of the lowest abutting residential land use
category. lt is also proposed that the subject property be rezoned from "GU Government
Use District" to the 'RM-2 Residential, Medium lntensity" district, as that would allow
both the residential use and parking garages. The proposed changes are compatible
with the properties abutting the site along Collins Avenue and Harding Avenue which are
zoned for multifamily residential uses.
City Charter lssues
The request for changing the Zoning Map of the City is affected by the following City
Charter provision: Sections 1.03 (c), which partially states:
The floor area ratio of any property or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as rt exists on the date of adoption of this Chafter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by viftue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
ln review of the floor area ratio (F.A.R.) limitation on the subject parcels, which are
currently zoned GU (Government Use), the following applies:
417
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 4 of 9
Sec. 142-425 (a). Development regulations.
The development regulations (setbacks, floor area ratio, srgns, parking, etc.) in
the GU governmenf use district shall be the average of the requirements
contained in the surrounding zoning districts as determined by the planning and
zoning director, which shall be approved by the city commission.
The abutting zoning of the subject parcel, which is used to calculate the F.A.R. of the
parcel, is RM-2, which allows a maximum F.A.R. of 2.0. As the proposed zoning change
to RM-2 does not increase the established F.A.R. for the subject parcels, the requested
amendment complies with the requirements of the referenced Charter provision, subject
to City Commission approval. ln addition, the proposal is for a main use garage, which
is not subject to the F.A.R. limits of the underlying zoning district pursuant to Section
130-68 (6) of the Land Development Regulations.
Gomprehensive Plan lssues
This application includes a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.31 84(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
lnterlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The Parking (P) future land use category as
proposed will allow a density limited by the lowest abutting residential district, which in
this case will be that of RM-1 or 60 units per acre. The lot area of this parcel is 0.35
acres. Based upon this data, the maximum number of units that could be developed for
this area is 21 units. The 0.35 acre lot to the south (7925 Collins Avenue) with an
underlying RM-2 future land use designation allows for a maximum density of 100 units
per acre, or a total of 35 units. At this time, it is expected that the proposal for the
combined site will contain approximately 24 units, which is less than the maximum
number of units allowed on the existing RM-2 site.
Final site plan approval is contingent upon meeting Public School Concurrency
requirements and the applicant will be required to obtain a valid School Concurrency
Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools.
Such Certificate will state the number of seats reserved at each school level. ln the
event sufficient seats are not available, a proportionate share mitigation plan shall be
incorporated into a tri-party development agreement and duly executed prior to the
issuance of a Building Permit.
418
Commission Memorandum
226 |y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19.2014 Page Sof 9
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposals to the City
Commission with a favorable recommendation
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 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 a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
SUMMARY
The proposed amendment to Policy 1.2 of the Future Land Use Element of the City's
Comprehensive Plan and the change to the Zoning Map will allow for a main use parking
garage with residential and commercial components, which would add value to the site
as well as be a visual and aesthetic improvement to the neighborhood.
These amendments must be processed together, as they are interrelated to one
another; however, separate motions must be made for each application.
CONCLUSION
The Administration recommends that the City Commission open and continue First
Readlqg for the proposed Ordinances to a date certain of December 17,2014.
*ffi?(^*,*o*
T:\AGENDAVO14\NovembeM26 87th Terrace Comp Plan Amnd and Zoning Change - 1st Reading MEM OC.docx
419
Commission Memorandum
226 8lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 6 o'f 9
Aerial
300 Feet Locati o n:
22687th Terrace
420
Commission Memorandum
226 |fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 7 ot 9
Future Land Use
Location:
226871h Terrace
421
Commission Memorandum
226 |y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Paqe I of I
Zoning (Existing)
f-S.u.r-f-s-i
CitY Limits
Location:
22687th Terrace
422
Commission Memorandum
226 |lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
November 19, 2014 Page 9 of 9
Zoning (Proposed)
300 Feet Location:
22687th Terrace
T o * n lo-f-S.it.r-f-s-i-il e
CitY Limits
423
COMPREHENSIVE PLAN - PARKING CATEGORY
ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES !N SECTTON 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE PARKING (P) FUTURE
LAND USE CATEGORY TO ALLOW FOR RESIDENTIAL USES WHEN
ABUTTING A LAND USE CATEGORY THAT PERMITS SUCH
USES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, the City of Miami Beach seeks to ensure that main use parking
garages are compatible with surrounding neighborhoods and uses; and
WHEREAS, amending the Future Land Use category of the subject parcel as
provided herein is necessary to ensure the development of that property will be
compatible with development in adjacent and surrounding areas, and will contribute to
the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the subject parcel as provided herein will ensure that new
development is compatible and in scale with the built environment, and is in the best
interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive Plan Future Land Use Element:
Parking (P)
Purpose: to provide development opportunities for existing and new parking facilities.
Uses which may be permitted; Parking facilities. residential and commercial uses when
located on frontage opposite a land use category that permits residential or commercial
USCS.
Densitv Limits for anv residential use shall be equivalent to the least intense densitv limit
of the abuttinq residential future land use district.
424
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECT!ON 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICAT!ON.
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained 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. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3184(3) F.S.
PASSED and ADOPTED this
ATTEST:
day of 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
First Reading/Transmittal: ,2015
Second Reading/Adoption: A,2015
Verified By:
Planning Director
Underline = new language
S+i*e++eugh = deleted language
T:\AGENDA\2014\NovembeM26 87th Terrace Comp Plan Amnd - 1st Reading ORD OC.docx
t!s!+
Dotd
425
REZONING _226 87TH TERRACE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL
LOCATED AT 226 87TH TERRACE, FROM THE CURRENT ZONING
CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT,'' TO THE
PROPOSED ZONING CLASSIFICATION OF RM.2, "MULTIFAMILY
RESIDENTIAL, MEDIUM INTENSIW"; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILIW; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, changing the zoning classification of the subject parcel as provided
herein is necessary to ensure the development of that property will be compatible with
development in adjacent and surrounding areas, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that new development
is compatible and in scale with the built environment, and is in the best interest of the
City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. MAP AMENDMENT. The following amendments to the City's zoning map
designations for the properties described herein are hereby approved and adopted and
the Planning Director is hereby directed to make the appropriate changes to the zoning
map of the City:
A parcel of land generally located at 226 87th Terrace, of approximately
15,313 square feet (0.35 acres), as depicted in Exhibit "A," from the
current GU "Government Use District," to the proposed zoning
classification RM-2, "Residential Multifamily, Medium lntensity".
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
426
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION4. CODIFICATION.
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the Future Land Use Map of the City's Comprehensive Plan.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: ,2015
Verified By:
Thomas R.
2015.
& FOR
Planning Director
T:\AGENDA\2014\NovembeM26 87th Terrace Rezone - 1st Reading ORD OC.docx
427
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THIS PAGE INTENTIONALLY LEFT BLANK
431
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider Ordinance Amendments to the Land Development Regulations by amending
the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the
RM-2 zoning district, and amending the regulations for signage and main use parking garages located
on non-oceanfront lots in the RM-2 district.
Item Sum
FIRST READING- PUBLIC HEARING
The proposed Ordinance amendments would:
1. Amend the list of accessory uses, conditional uses, and setback requirements for oceanfront
properties in the RM-2 zoning district;2. Amend the regulations for signage located on non-oceanfront lots in the RM-2 district;3. Amend the regulations for main use parking garages located on non-oceanfront lots in the
RM-2 district.
The Administration recommends that the City Commission open and continue First Reading for the
proposed Ordinances to a date certain of December 17.2014.
AGENDA rrem RS L
n:
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the Citv to requlate development is "about the riqht amount."
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2201).
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-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
AssisQnt City Manager
T:\AGENDA\2014\NovembeARM-2 Modifications 250 feet from NSOSP - 1st Reading
MIAMIBEACH DATE IFLq'/V432
MIAMIBEACH
Ciry of miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM
DATE: November 19,2014
SUBJECT: Ordinance Amendments:
1. Ghapter 142 - RM-2
Space Park (NSOSP)
s within 250' of North Shore Open
2. Chapter 130 - RM-2 main use garage regulations within 250' of NSOSP
3. Ghapter 138 - RM-2 main use garage signage regulations within 250'
of NSOSP and Gity ldentification Signs
ADM! NISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinances to a date certain of December 17,2014.
BACKGROUND
On June 11,2014, at the request of Commissioner Deede Weithorn, the City
Commission referred this request to the Land Use and Development Committee (ltem
C4K). Additionally, the matter was referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed ordinances.
ANALYSIS
Three separate ordinances are attached. The first amends Chapter 142 to modify RM-2
regulations within 250' of North Shore Open Space Park (NSOSP). The second amends
Chapter 130 to establish regulations for RM-2 main use garage with at least 100 public
spaces within 250'of NSOSP. The third amends Chapter 138 to modify RM-2 main use
garage signage regulations within 250' of NSOSP and establish procedures for City
ldentification Signs.
The attached Ordinance amending Chapter 142 proposes the following modifications for
properties zoned RM-2, located within 250 feet of North Shore Open Space Park, and
fronting the Atlantic Ocean:o Allows for outdoor bar counters as an accessory for hotels.. Allows for a 0 foot setback for driveway or walkways not exceeding 30 feet in
width that provide access between lots.. Modifies Tower setbacks to 0.1 feet for every foot in height above 50 feet up to a
maximum of 50 feet.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City Co
T READING PUBLIC HEARING
433
Commission Memorandum
Ordinance Amendment - Regulations adjacent to Norlh Shore Open Space Park
November 19, 2014 Page 2 ol 2
o Allows for neighborhood impact establishments as an accessory use to hotels
through a conditional use permit.
The attached Ordinance amending Chapter 130 proposes the following regulations for
non-oceanfront main use garages with at least 100 public parking spaces for properties
zoned RM-2 located within 250 feet of North Shore Open Space Park:o Allows for residential or commercial uses to be incorporated into the garage, not
exceeding 35 percent of the total floor area.o Requires that a minimum of 50 percent of the total floor area be used for parking,
exclusive of any required parking for other on-site uses.. Requires that parking for any on-site commercial or residential uses be provided
on site.o Removes parking requirements for ground floor restaurant or retail uses.. Allows lor a75 foot height limit.o Allows for front and side street setbacks to be 0 feet.
Finally, the proposed Ordinance amending Chapter 138 proposes the following
regulations:o Allows for ground floor commercial uses to follow CD-2 signage standards in
non-oceanfront main use garages on properties zoned RM-2 within 250 feet of
North Shore Open Space Park.. Establishes procedures for the City to erect City ldentification signs at City
Entrance Points with approval by the Design Review Board (DRB) or Historic
Preservation Board (HPB) as applicable.
The proposals allow for additional flexibility in the design of residential towers and main
use garages. The City expects a proposal for a mixed-use main use parking garage on
87th Terrace to be brought forth for consideration soon. Additionally, any ind ali new
development found under the purview of this ordinance amendment must still comply
with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposal to the City
Commission with a favorable recommendation
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 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 a negative fiscal impact upon the City, and
should increase the property values, as it will encourage new development to be added
to the City's tax rolls.
CONGLUSION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinance to a date certain of December 17,2014.
JLM/JMJ/TRM/RAM
T:\AGENDAV014\NovembeARM-2 Modifications 250 feet from NSOSP - 1st Reading MEM OC.docx
434
RM.2 REGULATIONS WITHIN 250 OF NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS,' ARTICLE II, 'DISTRICT REGULATIONS,' DIVISION 3..RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDlVISION IV, "RM.2
RESIDENTIAL MULT!FAMILY, MEDIUM INTENSITY," BY AMENDING
SECTIONS 142.215, "PROHIBITED USES," AND 142.218, "SETBACK
REQUIREMENTS," IN ORDER TO PERMIT OUTDOOR BAR COUNTERS AS
ACCESSORY USES !N OCEANFRONT HOTELS IN THE RM.2 DISTRICT;
ALLOWING FOR THE MODIFIGATION OF INTERIOR SIDE SETBACK
REQUIREMENTS FOR DRIVES OR SIDEWALKS; PROVIDING ACCESS
BETWEEN PARCELS IN THE RM.2 DISTRICT; MODIFYING THE INTERIOR
SIDE TOWER SETBACK REQUIREMENTS FOR OCEANFRONT RM-2
PARCELS WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; BY
AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS,"
ARTICLE !V, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3..ACCESSORY USES,'' BY AMENDING SECTION 142.902, "PERMITTED
ACGESSORY USES," TO PERMIT NEIGHBORHOOD IMPACT
ESTABLISHMENTS, AS CONDITIONAL USES FOR OCEANFRONT HOTELS
IN THE RM.2 DISTRICT, WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage uses within oceanfront
hotels in the RM-2 zoning district in a manner consistent with other oceanfront hotel uses in the
City; and
WHEREAS, the Mayor and City Commission seek to limit the creation of new curb cuts
RM-2 zoning district by permitting internal driveways and walks to link adjacent parcels;
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
215,"Prohibited Uses," is hereby amended, as follows:
in the
and
435
**
Sec. 142-21 5. Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, and accessory open air entertainment
establishment,assetforthinarticleV,division6ofthischapter
Atlantic Ocean and located within 250 feet of North Shore Open Space Park.
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
218, "Setback requirements" is hereby amended as follows:
Sec. 142-21 8. Setback requirements.
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade parking
lot on the same
lot except where
(b) below is
applicable
20 feet 5 feet, or 5% of lot
width, whichever
is greater.
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfront
lots-S feet
Oceanfront lots-
50 feet from
bulkhead line
Subterranean 20 feet 5 feet, or 5% of lot
width, whichever
is greater. (0 feet
if lot width is 50
feet or less)
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfront
lots-0 feet
Oceanfront lots-50 feet from
bulkhead line
Pedestal 20 feet Except
lots A and 1-30
of the Amended
Plat lndian Beach
Corporation
Subdivision and
lots231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
Sum of the side
yards shall equal
160/o of lot width;
Minimum-7.5
feet or 8% of lot
width, whichever
is greater. For
properties frontinq
the Atlantic
Ocean and
located within 250
feet of North
Shore Ooen
Space Park. 0
feet for drivewavs
or walkwavs not
exceedinq 30 feet
in width providinq
access between
lots.
Sum of the side
yards shall equal
16% of lot width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots- 10% of lot
depth Oceanfront
lots-20% of lot
depth, 50 feet
from the bulkhead
line whichever is
greater
436
Tower 20feet+1foot
for every 1 foot
increase in height
above 50 feet, to
a maximum of 50
feet, then shall
remain constant.
Except lots A and
1-30 of the
Amended Plat
lndian Beach
Corporation
Subdivision and
lots 231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
The required
pedestal setback
plus 0.10 of the
height of the
tower portion of
the building. The
total required
setback shall not
exceed 50 feet.
For oropertiesfrontinq the
Atlantic Ocean
and located within
250 feet of North
Shore Open
Soace Park. the
required pedestal
setback plus 0.10
feet for everv 1
foot in heiqht
above 50 feet to a
maximum of 50
feet.
Sum of the side
yards shall equal
16% of the lot
width Minimum-
7.5 feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots- 15% of lot
depth Oceanfront
lots-25% of lot
depth, 75 feet
minimum from the
bulkhead line
whichever is
greater
SECTION 3. Chapter 142 o'f the City Code, entitled "Zoning Districts and Regulations" Article
lV, "Supplementary District Regulations," Division 2 "Accessory Uses," Section 142-902 is
hereby amended as follows:
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a.Hotels not located in the RM-1 or RM-2 district are permitted to have
any accessory use that is customarily associated with the operation of a
hotel or apartment building.
Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open air entertainment establishments. Notwithstandinq
the foreqoino. for properties frontinq the Atlantic Ocean and located within
250 feet of North Shore Open Space Park. neishborhood impact
establishments mav be permitted as accessorv uses for hotels. in
accordance with the Conditional Use procedures in Chapter 118. of these
Land Development Requlations.
b.
437
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. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
20
'6['^f8Li'-3t'lB'& FOREXECUTIONFirst Reading
Second Read
: _,2015
ing: _,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
.LC-b l*\'+
city Arrorney
W
uv,e
T:\i\GENDA\2014\November\RM-2 Chapter 142 Modilication 250 feet from NSOSP - 1st Reading ORD OC,docx
438
PARKING REGULATIONS WITHIN 250 OF NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 130, "OFF.STREET
PARKING," ARTICLE !!!, "DESIGN STANDARDS,'' BY AMENDING SECTION
130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES,'' TO
ESTABLISH REGULATIONS FOR MAIN USE PARKING GARAGES
LOCATED ON NON.OCEANFRONT LOTS IN THE RM.2 DISTRICT WITH A
PROPERW LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage the development of
innovative mixed-use parking garages that will provide additional public parking in the area
adjacent to North Shore Open Space Park; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off Street Parking" Article lll, "Design
Standards," Section 130-68, entitled "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:
(10) Parkinq qaraoes providino at least one hundred (100) public parkinq spaces. located on
non-oceanfront lots in the RM-2 district. with a propertv line within 250 feet of a North
Shore Open Space Park:
a. Residential or commercial uses mav be incorporated into the oaraqe structure. ln
no instance shall the combined residential and commercial space exceed 35
percent of the total floor area of the structure.
439
b. ln no instance shall the amount of floor area of the structure used for parkino.
exclusive of the reouired parkinq for the residential or commercial space in the
structure. be less than 50 percent of the total floor area of the structure, so as to
ensure that the structure's main use is as a parkinq oaraoe.
c. All required parkino for anv commercial or residential use shall be provided within
the structure. Restaurant or retail uses open to the qeneral public that are located
on the first floor of the structure shall not be subiect to a parkinq requirement.
d. The maximum heiqht for the structure shall be 75 feet.
e. Setbacks shall be the same as the setbacks required for the RM-2 zonino district.
except that front and side street setbacks shall have a required setback of 0 feet.
sEcTtoN 2. coDtFtcATtoN.
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.
SECTION4. 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
ATTEST:
day of 20
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: _,2015
Second Reading: _,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
APPROVED AS TO
rONU & LANGUAGE
& FOR.EXECUTION,,l\I st\bvv , '-' -
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T:\,i{GENDA\2014\NovembedRM-2 Chapter 130 Modification 250 feet from NSOSP - 1st Reading ORD OC.docx
Dole
440
SIGNAGE REGULATIONS WITHIN 250 OF NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE GODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 138, "SIGNS," AT ARTICLE V,
"SIGN REGULATIONS BY DISTRICT"; AND ARTICLE Vl, "SPECIFIC USE
S!GNS,'' BY AMENDING SECTION 138.172, ENTITLED "SCHEDULE OF
SIGN REGULATIONS FOR PRINCIPAL AND ACCESSORY USE SIGNS," IN
ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND FLOOR
COMMERCIAL USES IN PARKING GARAGES LOCATED ON NON.
oCEANFRONT LOTS tN THE RM-2 DISTRICTi WITH A PROPERTY LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; AND CREATING
SECTION 138.206, ENTITLED "CITY IDENTIFICATION SIGNS AT CITY
ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS
BY WHICH THE CITY MAY ERECT CITY IDENTIFICATION SIGNS NEAR THE
CITY'S ENTRY AND EXIT POINTS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission want to encourage the installation of
innovative City identification signs at the City's entry and exit points; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138 of the City Code, entitled "Signs," at Article V, "Sign Regulations by
District," under Section 138-172, entitled "Schedule of sign regulations for principal and
accessory use signs," is hereby amended, as follows:
441
Zoning
District
Number Awningi
Marouee
Flat Projecting Detached
(Monument)
Accessory Signs Special
Conditions
RS-1
RS-2
RS-3
RS-4
Residential use:
One sign per
street frontage
that has copy
limited to the
name of the
building.
Not
permitted.
Residential use:
Six-inch letters.
Not
permitted.
Not
permitted.
Not permitted.30 square
feet for a
religious
institution,
public and
semipublic
schools.
USES,
clubs or
RM-1
RM-2
RM-3
R-PS 1
R-PS 2
R-PS 3
R-PS 4
RO
TC-3
No more than
one sign
identifying the
main permitted
uses for each
street frontage.
Unless
otherwise listed
in section 138-
171, all signs
must front on a
street; however,
multiple street
front facing signs
for the same
licensed
oceanfront hotel
or apartment
building within
the RM-3 district
may be
permitted
through the
design review or
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does not
exceed the
maximum size
permitted under
this subsection.
Siqns for qround
floor commercial
uses in parkinq
qaraqes,
providino at
least one
hundred (100)
public parkinq
spaces located
on non-
Ten
square
feet; the
height of
the letters
shall not
exceed 12
inches.
Not
permitted
in the RM-
3 district.
Not
permitted
in RO.
One per street
frontage; 20
square feet for
every 50 feet of
linear frontage, or
fraction thereof,
up to maximum
of 30 square feet.
Flat signs shall
not be located
above the ground
floor, except in
hotels and
apartment
buildings within
the RM-3 district.
Flat signs in
hotels and
apartment
buildings within
the RM-3 district
shall be limited to
the name of the
building or the
use that
encompasses the
largest amount of
floor area in the
building. Within
the RM-3 district,
and subject to the
review and
approval of the
design review
board or historic
preservation
board, as
applicable, one
building
identification sign
for hotels and
apartment
buildings two
stories or hiqher,
15 square
feet
Not
permitted
in RO.
15 square
feet,
however, if
sign is set
back 20 feet
from front
property
line, area
may be
increased to
a maximum
of 30 square
feet. Pole
signs are
not
permitted.
Existing pole
signs may
be repaired
only as
provided in
section 138-
10.
Notwithstan
ding the
above, a
detached
sign located
ona
perimeter
wall shall be
limited to
five square
feet and
shall not
have to
comply with
the setback
requirement
s of section
138-9. The
height and
size of the
monument
One sign for
each licensed
accessory use;
area of sign
shall not exceed75 percent of
the main use
sign, 20 square
feet maximum.
For hotels and
apartment
buildings in theRM-3 district,
one street front
facing flat signper every
licensed
accessory use
facing or having
direct access toa street or
sidewalk, 20
square feet for
every 50 feet of
linear frontage,or fraction
thereof, up to
maximum of 30square feet.
However,
multiple streetfront facing
signs for the
same licensed
accessory useof oceanfronthotel and
apartment
buildings within
the RM-3 districtmay be
permittedthrough the
desion review or
1.
Maximum
size for
schools is
30 square
feet.
2. Signs
shall not
have copy
indicating
prices.
3. An
exterior
directory
sign,
attached
to the
building
up to
square
feet,
listing
names
all
srx
licensed
USES
within the
building is
permitted;
sign
material
and
placement
shall be
subject to
approval
through
the design
review
process.
the
of
442
oceanfront lots
in the RM-2
district. with apropertv line
within 250 feet
of North Shore
Open Soace
Park shall be
subiect to the
CD-2 standards.
located on the
parapet facing a
street, is
permitted with an
area not to
exceed one
percent of the
wall area on
which it is placed.
Corner buildings
may provide one
combined sign
instead of the two
permitted signs.
This sign shall be
located on the
corner of the
building visible
from both streets
and shall have a
maximum size of
40 square feet.
Siqns for qround
floor commercial
uses in parkinq
qaraqes,
orovidinq at least
one hundred
(100) public
parkinq soaces
located on non-
oceanfront lots in
the RM-2 district.
with a prooertv
line within 250
feet of North
Shore Open
Space Park shall
be subiect to the
CD-2 standards.
structure
shall be
determined
under the
design
review
process
except as
provided
herein. ln
the RO
districts,
sign area
shall not
exceed ten
square feet,
and the
monument
structure
shall not
exceed five
feet tn
height.
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does not
exceed the
maxtmum stze
permitted under
this subsection.
SECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by
Districts," Section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby
created to read as follows:
Sec. '138-206. Citv ldentification Sions at Citv Entrance and Exit Points.
The Citv mav erect freestandinq or flat identification sions on public or orivate propertv at
or near the entrance and exit ooints to the Citv. The size. location. orientation. and desiqn of anv
such siqns. whether located on public or private prooertv. shall be approved bv the Desiqn
Review Board or. if the siqns are located within an historic district. the Historic Preservation
Board.
443
SECTION3. 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.
SECT!ON 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. SEVERAB!LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
20
Rafael E. Granado, City Clerk
First Reading: _,2015
Second Reading: _,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2014\November\RM-2 Chapter 138 Modification 250 feet from NSOSP - lst Reading ORD OC.docx
APPROVED AS TO
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THIS PAGE INTENTIONALLY LEFT BLANK
447
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the conditional use requirements for
RM-1 properties located within the Collins Waterfront Local Historic District.
Item Summary/Recommendation :
Clerk's Office islative Trac
T:\AGENDA\2014\Novembe^RM-1 Collins Park CUP - SUM Second Read.docx
AGENDA '"'
( SM
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to t is "about the riqht amount."
SECOND READING. PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to modify the list of
conditional uses for RM-1 properties located in the Collins Waterfront Local Historic district to allow for
hallfor hire and/or restaurant uses within a designated historic site.
On October 22,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading,
with modifications, and scheduled a Second Reading Public Hearing for November 19,2014; and 3)
referred a modification to the Land Development Regulations establishing a definition for'Hall for Hire'
to the Planning Board.
The Administration recommends that the Citv Commission the attached Ordinance.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2205).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
MIAMIBEACH OATE Ib$'(V448
MIAMIBEACH
Cify of ,rtiomi Beoch, 'l 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Conditional Uses in the Gollins Wlterfront Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE !!, "DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTIAL MULT!FAM!LY DISTRICTS,''
SUBDIVISION II, "RM.' RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
TO MODIFY THE CONDITIONAL USE REQUIREMENTS FOR PROPERTIES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for
November 19, 2014; and refer a modification to the Land Development Regulations
creating a definition for'Hall for Hire'to the Planning Board.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
expand the use of Conditional Uses in the RM-1 districts within the Collins Waterfront
Historic District, under limited circumstances.
On June 12, 2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4B).
Currently within the RM-1 zoning district, only the following 'Conditional Uses' are
permitted:
Mayor Philip Levine and Members olthe City Cofrrmission
Jimmy L. Morales, City Manager
November 19,2014 ECOND READING - PUBLIC HEARING
o Adult Congregate Living Facility;
449
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Wateiront Historic Distict
November 19, 2014 Page 2 of 4
. Day Care Facility;r Nursing Home;. Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The proposed Ordinance would expand the list of Conditional Uses to include a hall for
hire and/or restaurant use for properties designated as a Local Historic Site.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low
rise, single-family and multiple-family residences. The main permitted uses in the RM-1
district are single-family detached dwellings, townhomes and residential apartments.
The following 'Conditional Uses' are also permitted within the RM-1 Zoning District:
o Adult Congregate Living Facility;. Day Care Facility;. Nursing Home;. Religious lnstitutions;r Private And Public lnstitutions;e Schools'. Commeiciat or Noncommercial Parking Lots And Garages.
The Miami Beach Women's Club Building is a designated Historic Site (HPS-S) and is
located within the boundaries of the Collins Waterfront Local Historic District.
Additionally, the Women's Club site is zoned RM-1, and thus limited to the uses listed
above.
As the Women's Club structure was designed and built as an 'Assembly Hall', the
adaptive re-use of the facility has proven to be challenging, particularly within the
confines of a more restrictive, low-density multi-family zoning district. ln order to address
this issue, a proposal has been put forward to expand the list of conditional uses in the
RM-1 district, for certain properties located within the Collins Waterfront Local Historic
District (See attached map illustrating the boundaries of this area).
Specifically, a hall-for-hire and/or restaurant use would become a conditional use for
properties located in the Collins Waterfront Local Historic District, which are designated
as Historic Sites. Such an amendment would not be limited to a single piece of property,
and would give the owners of the historic Women's Club structure much needed latitude
to accommodate a tangible, adaptive re-use of the structure. Further, as the subject use
would require the review and approval of the Planning Board, appropriate intensities of
use, as well operational safeguards would be at the discretion of the Planning Board.
ln order to ensure that any future hall-for-hire use and/or restaurant is compatible with
the low scale, residential character of the immediate geographical area, the following
additional limitations on any future proposed conditional use are suggested:
. The prohibition of dance halls, entertainment establishments, neighborhood
450
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic Distict
November 19, 2014 Page 3 of 4
impact establishments, outdoor entertainment establishments, open air
entertainment establishments and outdoor music (including background music),
proposed to be operated on a permanent basis.
o Stand-alone bars and alcoholic beverage establishments, not functioning as a
restaurant or hall-for-hire, shall be prohibited.
. Outdoor dining uses shall not be permitted.
o The total number of seats of any stand-alone restaurant would be limited to no
more than 125.
With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or
neighborhood type caf6 could be an asset to the surrounding area, as well as provide a
mechanism for the use of the restored, historic structure. The attached draft Ordinance
includes all of the aforementioned proposals.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the City Commission refer a separate amendment to the
Land Development Regulations, creating a definition for'Hall for Hire'.
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 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 a negative fiscal impact upon the City.
UPDATE
On October 22, 2014, the City Commission approved the subject Ordinance at First
Reading, with the following modifications:
1. A requirement that any conditional use be tied, by covenant, to an existing
structure within a designated historic site.
2. A limitation on the hours of operation for a hall for hire; specifically, such use
must close by 11:00 PM Sunday through Thursday, and by 12:00 AM Friday and
Saturday.
3. The removal of a stand-alone restaurant as an allowable use.
The attached Ordinance includes the above noted changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDAVO14\November\RM-1 Collins Park CUP - MEM Second Read.docx
451
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic District
November 19, 2014 Paqe 4 of 4
452
CONDITIONAL USES IN COLL!NS WATERFRONT DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142,"ZONING DISTRICTS AND REGULATIONS," ARTICLEII, "D!STRICT REGULATIONS,'' DIVISION 3, "RES!DENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM.l RESIDENTIAL
MULTIFAMILY LOW INTENSITY,'' TO MODIFY THE CONDITIONAL
USE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE
COLLINS WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING
FOR REPEALER; SEVERABILIW; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for conditional uses within the
RM-1 zoning districts; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to conditional uses within the RM-1 zoning districts; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated August 26, 2014 by a vote of 6-0; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts And Regulations", Article ll, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision ll, "RM-1
Residential Multifamily Low lntensity", of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-153. Conditional uses.
(a) The conditional uses in the RM-1 residential multifamily, low density district are
adult congregate living facility; day care facility; nursing home; religious
institutions; private and public institutions; schools; commercial or noncommercial
parking lots and garages.
(b) For oroperties located in the Collins Waterfront Local Historic District. which are
desiqnated as a Local Historic Site. a hall for hire use within the interior of an
existino buildino shall require conditional use approval and shall complv with the
followino:(1) The conditional use shall onlv be permitted within an existinq
structure that is on a prope(v desiqnated as an 'Historic Site' and such
limitation shall be recorded in the Public Records:(2) Dance halls. entertainment establishments and neiohborhood
impact establishments mav onlv be permitted as part of a hall for hire:(3) The hall for hire use shall close bv 11:00 PM Sundav throuqh
Thursdav. and bv 12:00 AM Fridav and Saturdav.
453
(4) Restaurants. stand-alone bars and alcoholic beveraqe
establishments, not functioninq as a hall-for-hire. shall be prohibited:(5) Outdoor dinino, outdoor entertainment and open-air entertainment
uses shall be prohibited:
There shall be no variances from the provisions of Section 142-153(b).
SECTION2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be made
part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may
be renumbered or re-lettered to accomplish such intention, and the word "ordinance"
may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FOiIM & LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
October 22,2014
November 19,2014
,w
Verified By:
Underline = new language
S+ife+nreush = deleted language
T:\AGENDA!2014\NovembeARM-1 Collins Park CUP - ORD Second Read.docx
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THIS PAGE INTENTIONALLY LEFT BLANK
457
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to clarify transfer of the authority to grant
variances to the Historic Preservation and Design Review Board from the Board of Adjustment under
certain circumstances.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate
ltem Summary/Recommendation :
FIRST READING
The proposed Ordinance would clarify the transfer of authority to grant variances to the Historic
Preservation and Design Review Boards for applications under their respective jurisdiction from the
Board of Adjustment, as well as clarify and define the role of each board.
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 attached Ordinance at
First Reading and schedule a Second Reading Public Hearing for December 17,2014.
On October 28, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 7 to 0 (Planning Board File No.2221).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\NovembeATransfer of Variance Authority - ORD First Read SUM
AGENDA 'rEn 4 t/V
ome ll-:18-14MIAMIBEACH458
MIAMIBEACH
City of ,niomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
the City
FIRST READING
Transfer of Authority to Grant Va
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," BY AMENDING ARTICLE !1, ,,BOARDS", By
AMENDING DIVISION 3, "DESIGN REVIEW BOARD", BY
AMENDING SECTION 118.71, "POWERS AND DUTIES," AND
SECTION 118-75, "QUORUM AND VOTING," TO CREATE, CLARIFY
AND EXPAND THE ROLE AND JURISDICTION OF THE DESIGN
REVIEW BOARD REGARDING VARIANCES; BY AMENDING
DlvlsloN 4, "HlsToRlc PRESERVATION BOARD," By AMENDING
sEcTloN 119-102, "powERS AND DUTIES," AND SECTION 119-
{06, "QUORUM," TO CREATE, CLARIFY AND EXPAND THE ROLE
AND JURISDICTION OF THE HISTORIG PRESERVATION BOARD
REGARDING VARIANCES; BY AMENDING DIVISION 5, "BOARD OF
ADJUSTMENT," SECTION 118-136, "POWERS AND DUTIES," TO
AMEND THE ROLE AND JURISDICTION OF THE BOARD OF
ADJUSTMENT; BY AMENDING ARTICLE Vl, "DESIGN REVIEW
PROCEDURES," SEGTION 119-252, ,,AppLlCABlLlTy AND
EXEMPTIONS," BY MODIFYING AND CLARIFYING THE ROLE OF
THE DESIGN REVIEW BOARD PERTAINING TO SINGLE FAMILY
HOMES; BY AMENDING ARTICLE Vlll, "PROCEDURE FOR
VARIANGES AND ADMINISTRATIVE APPEALS", BY AMENDING
SECTIONS 118.35I, "DETERMINATION OF JURISDICTION", 118.
352, "PROCEDURE,", 118-353,,,VARIANCE AppLlCATlONS," 119-
354, "VARIANGE CONDITIONS AND SAFEGUARDS," 118.355..VARIANCE TIME LIMITS, DECISIONS ESTABLISHMENT OF
PARKING IMPACT FEES, 118-356, "REVOCATION OR
MODIFIGATION OF VARIANCE,' AND CREATING SEGTION 118-
358, "APPEAL OF VARIANCE DECISION," TO MODlFy, EXPAND
AND DELINEATE THE APPLICABLE JURISDICTION OF THE
DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD AND
BOARD OF ADJUSTMENT AS IT PERTAINS TO VARIANCES AND
APPEALS , TO FURTHER CLARIFY ALL APPLICABLE SECTIONS
459
Commission Memorandum
Ordinance Amendment - Transfer of Authority to Grant Variances
November 19, 2014 Page 2 ot 3
OF ARTIGLE VIII TO ENSURE CONSISTENCY IN ALL VARIANCE
PROVISIONS, AND FURTHER CLARIFYING ALL APPLICABLE
RULES, PROCEDURES AND REGULATIONS FOR VARIANCES;
PROVIDING FOR REPEALER; CODIFICATION; SEVERABILITY AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for December 17,2014.
BAGKGROUND
On September 10, 2014, the City Commission adopted, at Second Reading, an
ordinance amending the Land Development Regulations to authorize a transfer of
variance and Floodplain waiver authority from the Board of Adjustment (BOA) to the
Design Review Board (DRB) and Historic Preservation Board (HPB), for those properties
with variance applications within the applicable district. The effective date of the
Ordinance, at the time of adoption, was September 20, 2014.
Subsequent to the adoption of the Ordinance, Planning Department staff realized that
the language of the Ordinance would force a number of BOA applications previously
advertised for the October and November meetings, to be removed from those agendas,
and re-noticed for a different Board in December. ln order to effectuate a proper
transition phase from the BOA to the DRB and HPB, the Administration requested that
the Ordinance be re-considered, in order to revise the effective date. On September 17,
2014, the City Commission reconsidered the motion to adopt the subject Ordinance, and
rescheduled the "new" Second Reading for September 30, 2014. On September 30,
2014, the City Commission continued "new" Second Reading to a date certain of
December 17,2014.
On September 17, 2014, at the request of Commissioner Malakoff, the City Commission
referred additional modifications to Chapter 1 18, relating to variance authority, to the
Land Use and Development Committee and the Planning Board (ltem C4C). The
purpose of these additional modifications is to better clarify the exact roles of the Board
of Adjustment and the DRB/HPB. Additionally the Committee suggested that appeals of
any variances go directly to Circuit Court, as is currently required by variances approved
by the BOA.
ln an effort to address the abovementioned concerns holistically, the proposed
ordinance clarifies the roles of the BOA, DRB and HPB, the applicability of the transfer of
authority to the HPB and DRB, and appeal procedures for variances.
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
460
Commission Memorandum
Ordinance Amendment - Transfer of Authority to Grant Variances
November 19, 2014 Page 3 ot 3
separate variance application, and have separate hearings, with the BOA. Similarly, 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 applications within their respective jurisdictions.
The proposed ordinance also requires that any variance request related to distance
separation and other regulations related to alcoholic beverages establishments
permitted in Chapter 6 of the City Code, as well as sections 118-252(b) and 142-1302 ot
the Land Development Regulations remain under the jurisdiction of the Board of
Adjustment.
Additionally, as each land use board typically has its own appeal procedure, the
proposed ordinance clarifies that variances granted by the BOA, HPB, and DRB must be
appealed directly to Circuit Court, as is currently required for variances approved by the
BOA. However, appeal procedures for other orders and certificates granted by the
boards are not affected by this ordinance.
Finally, the subject Ordinance clarifies the role and jurisdiction of each board, as it
relates to variances and appeals.
PLANNING BOARD REVIEW
On October 28, 2014, the Planning Board (by a 7-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
!n 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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for December 17,2014.
,rffiJ**/MAB/RAM
T:\AGENDA\2014\November\Transfer of Variance Authority - ORD 1o Read MEM.docx
461
ORDINANGE 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," BY AMEND!NG ARTICLE
ll, "BOARDS"; BY AMENDING DIVISION 3, "DESIGN REVIEW BOARD"; BY
AMENDING SECTION 118-71, "POWERS AND DUTIES;" AND SECTION
118.75, "QUORUM AND VOTING," TO CREATE, CLARIFY AND EXPAND
THE ROLE AND JURISDICTION OF THE DESIGN REVIEW BOARD
REGARDING VARIANCES; BY AMENDING DIVISION 4, "HISTORIC
PRESERVATION BOARD," BY AMENDING SECTION 118-102, "POWERS
AND DUTIES," AND SECTION 118.106, "QUORUM," TO CREATE, CLARIFY
AND EXPAND THE ROLE AND JURISDICTION OF THE HISTORIC
PRESERVATION BOARD REGARDING VARIANCES; BY AMENDING
DIVISION 5, "BOARD OF ADJUSTMENT," SECTION 118.136, "POWERS
AND DUTIES,'TO AMEND THE ROLE AND JURISDICTION OF THE BOARD
OF ADJUSTMENT; BY AMENDING ARTICLE VI, ,DESIGN REVIEW
PROCEDURES,'' SECTION 118-252, "APPLICABILITY AND EXEMPTIONS,"
BY MODIFYING AND CLARIFYING THE ROLE OF THE DESIGN REVIEW
BOARD PERTAINING TO SINGLE FAMILY HOMES; BY AMENDING
ARTICLE VIII, "PROCEDURE FOR VARTANCES AND ADMINISTRATIVE
APPEALS"; BY AMENDING SECTIONS 118-351, "DETERMINATION OF
JURISDICTION"; SECTION 118-352, "PROCEDURE;" SECTION 118-353,
"VARIANCE APPLICATIONS;" 118-354, "VARIANCE CONDITIONS AND
SAFEGUARDS;" SECTION 118-355 "VARIANCE TIME LlMlTS, DECISIONS
ESTABLISHMENT OF PARKING IMPACT FEES;" SECTION 118-356,..REVOCATION OR MODIFICATION OF VARIANCES'' AND CREATING
SECTION 118.358, "APPEAL OF VARIANCE DECISION" TO MODIFY,
EXPAND AND DELINEATE THE APPLICABLE JURISDICTION OF THE
DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD AND BOARD
OF ADJUSTMENT, AS IT PERTAINS TO VARIANCES AND APPEALS; TO
FURTHER CLARIFY ALL APPLICABLE SECTIONS OF ARTICLE VIII, TO
ENSURE CONSISTENCY IN ALL VARIANCE PROVISIONS, AND FURTHER
CLARIFYING ALL APPLICABLE RULES, PROCEDURES AND
REGULATIONS FOR VARIANGES; PROV!DING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on August26,2014, the electorate of the City of Miami Beach voted in favor
of amending the City's Related Special Acts, Section 2 regarding the City's Board of Adjustment
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; and
WHEREAS, the City of Miami Beach Land Development Regulations provide for the
regulation of land and establish 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
462
made more efficient for property owners seeking development approvals from land use boards;
and
WHEREAS, when the Design Review Board and Historic Preservation Board are
considering plans that have require variances and / or flood plain waivers, such boards should
also have the authority to grant variances from the land development and flood plain
regulations, where appropriate; and
WHEREAS, this ordinance organizes and clarifies the various sections of the Land
Development Regulations to ensure that the intent of the ballot question is effectuated and to
ensure that there is no ambiguity or inefficiencies in implementation; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 118, Article ll, "Boards," of the Land Development Regulations of the
Miami Beach City Code, is hereby amended as follows:
DIVISION 3. - DESIGN REVIEW BOARD
Sec. 118-71. - Powers and duties.
The design review board shall have the following powers and duties:
(1) To promote excellence in urban design.
(2) To review all applications requiring design review approval for all properties not located
within a designated historic district or not designated as a historic site. For works of art
in the art in public places program, the design review board shall serve as advisor to
the city commission, and may impose binding criteria, as provided in chapter 82, article
Vll, art in public places, division 4, procedures.
(3) To prepare and recommend adoption of design plans pertaining to neighborhood
studies.
( ) To promote reduced crime and fear of crime through the use of crime prevention
through environmental design guidelines and strategies, as approved by the city
commission.
(5) To hear and decide appeals of the planning director when deciding matters pursuant to
section 118-260,
(6) To authorize. upon application. variances from the terms of these land develooment
reoulations. where authorized bv section 118-351(a). pursuant to the requirements in
chapter 118. article Vlll. of the land development requlations. as will not be contrarv to
the public interest when. owinq to special conditions. a literal enforcement of provisions
of these land develooment requlations would result in unnecessarv and undue
hardship.
(7) The desion review board shall serve as the Citv's floodplain manaqement board in
reviewino applications for properties within the board's 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.: Resolution No.93-20698: and in accordance with the
procedures set forth therein as such ordinance and resolution mav be amended from
463
time to time. Forthe purposes of determinino iurisdiction. the criteria in section 118-
351(a) for a variance shall be utilized.
Sec. 118-75. - Quorum and voting.
A quorum shall consist of four regular members. An affirmative vote of four regular members
shall be required to approve an application for design review. Prior to a decision of the design
review board, the ex officio members shall submit a recommendation for each item on the
agenda. An affirmative vote of five reqular members of the board shall be necessary to approve
anv variance request. ln addition, the city attorney shall determine whether a request is
properly before the board. lf an application is denied, the board shall provide a written statement
in support of its finding.
DIVISION 4. - HISTORIC PRESERVATION BOARD
Sec. 1 18-102. - Powers and duties.
The historic preservation board shall:
(1) Recommend to the planning board, and city commission, the designation of historic
buildings, structures, improvements, landscape features, public interiors, and historic
sites or districts.
(2) Prepare and recommend for adoption specific guidelines for each designated site or
district to be used to evaluate the appropriateness and compatibility of proposed
alteration or development within designated historic sites or historic districts.
(3) lssue or deny certificates of appropriateness, certificates to dig and certificates of
appropriateness for demolition in accordance with procedures specified in this division,
excluding certificates of appropriateness for demolition for city-owned buildings and
other improvements as hereinafter specified on city-owned property and public rights-
of-ways, and property owned by the Miami Beach Redevelopment Agency, for which
properties the historic preservation board shall serve as advisor to the city commission.
(4) Recommend restoration of property to its prior condition as required by section 118-
533 when the property has been altered in violation of this division.
(5) To authorize. upon application. such variance from the terms of these land
development requlations. where authorized bv section 118-351(a). pursuant to the
requirements in chapter 118, article Vlll. of the land development requlations. as will
not be contrarv to the public interest when. owinq to special conditions. a literal
enforcement of a provision of these land development reoulations would result in an
unnecessarv and undue hardship. Aelvise-lhe-Searel ef aeljustment wit
varianees asseeiated with preperties designated as histerie sltes, histerie buildings,
ing
er strueture leeated within a histerie distriet er a Natienal Register Distriet threugh
written reeemmendatien te be read inte the reeerd by the planning and zening direeter
in+
(6) Facilitate the redevelopment of historic sites and districts by directing the planning
department, and other city departments, to provide advisory and technical assistance
to property owners, applicants for certificates of appropriateness.
464
(7) Make and prescribe by-laws and application procedures that are reasonably necessary
and appropriate for the proper administration and enforcement of the provisions of this
division. fhe board shall prescribe forms for use by applicants when requesting action
under this division. The board may authorize any one of its members to administer
oaths and to certify official documents.
(8) Award historic markers or plaques upon the recommendation of the city manager and
with the consent of the city commission.
(9) Update and revise the historic properties database.
(10)Advocate that the city administration explore and advise the historic preservation board
and the building official as to alternatives available for stabilizing and preserving
inadequately maintained and/or unsafe buildings or structures within the city's
designated historic districts or on designated historic sites.
(11)Review all new construction, alterations, modifications and improvements to any
building, structure, improvement, landscape feature, public interior or site individually
designated in accordance with sections 118-591 , 118-592 and 118-593, or located
within an historic district.
(12)To review any and all amendments to this Code affecting historic preservation issues;
specifically division 4 of article ll of chapter 118 entitled "historic preservation board,"
and article X" of chapter 118 entitled "historic preservation," pursuant to section 118-
1 63=
(13) The historic preservation 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 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. For the purposes of determinino iurisdiction. the criteria in section 118-
351(a), for a variance shall be utilized.
Sec. 1 18-106. - Quorum and votinq.
The presence of a quorum shall be necessary to conduct a historic preservation board meeting.
A quorum shall consist of four members of the board. A majority vote of the members present
shall be necessary to approve all requests or to decide all issues coming before the board with
the following exceptions:
(1) lssuance of a certificate of appropriateness for demolition, recommendations for historic
designation and reclassification of properties listed as "historic" in the historic properties
database shall require five affirmative votes.
(2) The issuance of a certificate of appropriateness pertaining to revisions to any
application for a property where a certificate of appropriateness for demolition was
previously issued, including an after-the-fact certificate of appropriateness for demolition,
shall require five affirmative votes.
(3) The aporoval of anv variance request shall require five affirmative votes.
(4) The issuance of a certificate of appropriateness pertaining to any application for new
construction, renovation or rehabilitation, except as otheruvise provided in this section,
shall require four affirmative votes.
(5) ln the event of a tie vote on a motion on all requests or issues coming before the board,
the motion shall be deemed denied.
465
DIVISION 5. - BOARD OF ADJUSTMENT
Sec. 1 18-136. - Powers and duties.
(a) The board of adjustment shall have the following powers and duties:
(1) To hear and decide appeals when it is alleged that there is error in any order,
requirement, decision, or determination made by an administrative official in the
enforcement of these land development regulations with the exception of appeals
pursuant to section 118-197 and section 118-262. ln the event of an administrative
appeal to the board of adjustment, the planning director may engage the services of an
attorney for the purpose of representing the administrative officer who made the
decision that is the subject of the appeal.
ln exercising this power, the board of adjustment, may upon appeal, reverse or affirm,
wholly or partly, the order, requirement, decision, or determination, and to that end
shall have all the powers of the officer from whom the appeal is taken. The concurring
vote of five members of the board shall be necessary to reverse any order,
requirement, decision, or determination of any such administrative official or to decide
in favor of the applicant on any matter upon which the board is required to pass under
these land development regulations.
(2) To authorize, upon application, such variance from the terms of these land
development regulations where authorized bv section 118-351(a), pursuant to the
requirements of chapter 118, article Vlll. of the land development requlations. 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. @ive affirmative votes-
shall be necessary to approve any variance
request.
(b) The board of adjustment shall serve as the city's floodplain management board in reviewinq
applications 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 54-31et seq. and
Resolution No. 93-20698, and in accordance with the procedures set forth therein as such
ordinance and resolution may be amended from time to time. For the purposes of
determininq iurisdiction, the criteria in section 118-351(a). shall be utilized.
SECTION 2. Chapter 118, Article Vl, "Design Review Procedures," of the Land Development
Regulations of the Miami Beach City Code, is hereby amended as follows:
Sec. 1 18-252. - Applicability and exemptions.
(a) Applicabitity.
(1) All building permits for new construction, public interior areas, interior areas that
face a street or sidewalk, demolitions and wrecking, alterations, or additions to
existing buildings, including fences, parking lots, walls and signs, whether new or
change of copy, and exterior surface finishes and materials, shall be subject to
review under the design review procedures except as provided in subsection (b)
of this section. No building permit shall be issued without the written approval by
the design review board or staff as provided for in these regulations.
466
(2)All public improvements upon public rights-of-way and easements. For purposes
hereof, public improvements shall include, but not be limited to, structures,
streetscape projects, street improvements or redesign, modifications to street
lighting or signage, landscaping prolects, medians, and above ground utilities;
however, public improvements shall exclude routine maintenance and utility
repair work.
The review and approval of all new single family home construction, in
accordance with the applicable requirements of Chapter 142, Division 2. of the
Land Development Requlations @
Exemptions. Exemptions to these regulations include all of the following provided no
new construction or additions to existing buildings are required:
(b)
(3)
(1)
(2)
(3)
(4)
All permits for plumbing, heating, air conditioning, elevators, fire alarms and
extinguishing equipment, and all other mechanical and electrical equipment when
such work is entirely within the interior of the building, excluding public interior
areas and interior areas that face a street or sidewalk; however, the planning
director may approve such building permit applications for minor work on the
exterior of buildings.
Any permit necessary for the compliance with a lawful order of the building
official, fire marshal or public works director related to the immediate public
health or safety.
All single-family dwellings are exempt from the design review regulations, with
the exception of exterior surface color samples and finishes, and the review and
approval of all new single family home construction in accordance with the
applicable requirements of Chaoter 142, Division 2. of the Land Development
Requlations
semplianee with seetien 142 105' and all demelitien permits must be signed by
the planning direeter, er designee.
All properties located within designated historic districts and designated historic
sites.
SECTION 3. Chapter 118, Article Vlll, "Procedure for Variances and Administrative Appeals," of
the Land Development Regulations of the Miami Beach City Code, is hereby amended as
follows:
Sec. 1 18-351 . - Determination of jurisdiction.
(g) The applicable board's iurisdiction. pertaininq to a variance request or administrative apoeal.
shall be in accordance with the followinq:
fl_) Board of Adiustment:
a. Variance requests authorized bv the Citv Code that are not within the Land
Development Requlations. except as provided in sections 118-351(aX2) or 118-
351(aX3).
467
Variance requests for aoplications exempted from desiqn review procedures
pursuant to section 1 18-252(bX1). (2) or (3).
Variance requests from the criteria of section 142-1302.
Administrative appeals.
Variance requests authorized bv the Land Development Requlations not
described or listed in section 118-351(aX2) or (3).
(!) Historic Preservation Board:
a. Variance requests of the Land Development Requlations for applications
concerninq properties within the iurisdiction of the historic preservation board,
except those variances listed in section 1 18-351(aX1).
b. Variance requests of the floodplain manaoement reoulations permitted in
chapter 54. division 5 of the citv code, concerninq properties within the
iurisdiction of the historic preservation board.
c. Variance requests filed in coniunction with an application that requires approval
from the historic preservation board. except those variances listed in section
1 18-351(aX1) or (3).
(!) Desiqn Review Board:
a. Variance requests of the Land Development Requlations for applications
concerninq properties within the iurisdiction of the desiqn review board. except
those listed in section 1 18-351(aX1 ).
b. Variance requests of the floodplain management reoulations oermitted in
chapter 54, division 5 of the citv code. concernino properties within the
iurisdiction of the desiqn review board.
c. Variance requests filed in coniunction with an application that requires approval
from the desiqn review board, except those listed in section 1 18-351(aX1) or (2).
CI All variance requests shall be submitted to the city attorney for a determination of whether
the requested variance or administrative appeal is properly before the board of adjustment,
desiqn review board. or historic preservation board. and whether it constitutes a change or
amendment to these land development regulations. The jurisdiction of the each board ef
aAius+men+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 end-zening-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 department design-and-histe+ie
presenra+ien+iveien, if any. shall be incorporated into these recommendations.
Sec. 118-352. - Procedure.
(a) Filing period. Every application for a variance, an afterthe-fact variance or an appeal from
an administrative decision shall be filed within 30 days from the date of the refusal of a
permit by, notice of violation, ruling, decision or determination of, the building official or
other administrative official. lf the applicant or appellant receives notice of the above by
mail, then the applicant or appellant shall have an additional five days in which to apply for
an appeal or after-the-fact variance.
(b) Oath. Any person appearing before the applicable board e+adius+me* on an application for
a variance from the provisions of these land development regulations or an application for
an appeal of an administrative decision shall be administered the{el{ewingran oath by any
b.
c.
d.
e.
468
person duly authorized under the laws of the state to administer oaths in substantially the
same form:
"l,do hereby swear, under oath that any and all testimony to be given by
meme in this proceeding is the truth, the whole truth, and nothing but the truth, so help
God."
Any person giving false testimony before the board e+aOiustmen+ on an application for a
variance from the provisions of these land development regulations or on appeal of an
administrative decision shall be subject to the maximum penalty provided by law.
(c) Effect of withdrawal or denial. Upon the withdrawal or denial of an application for a variance
from the provisions of these land development regulations, no new application may be filed
for such variance within six months following such withdrawal or denial, unless, however,
the decision of the applicable board ef-eA1us+men+taking any such final action is made
without prejudice, or unless the withdrawal of such application is permitted to be made
without prejudice. An application may be withdrawn without prejudice by the applicant as a
matter of right, if such request is signed by the applicant and filed with the planningdepartment ivisien prior to the giving of any notice
required by these land development regulations; otherwise, all such requests for withdrawal
shall be with prejudice, save and except that the board ef adjustment may permit
withdrawals without prejudice at the time the application for such variance is considered by
such board; provided further, that no application may be withdrawn after final action has
been taken.
(d) Recording. Within a reasonable time after a request has been properly considered by the
board e+aeius+men+, the applicant shall record the board's order in the public records of the
county. No building permit, certificate of occupancy, certificate of completion or licensing
permit shall be issued until the recordation requirements has been complied with. Prior to
the recordation, the city attorney shall approve the instrument.(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
regulations for those boards.
Sec. 1 18-353. - Variance applications.
(a) An application for a variance for the following items is prohibited: Floor area ratio, required
parking (except as provided for in these land development regulations), a request pertaining
to the reduction of an impact fee, lot area when determining floor area ratios, maximum
number of stories, or any maximum building height variance greater than three feet.
(b) A variance for hotels of more than 20 percent of the total amount of required parking is
prohibited; should the board grant a variance pursuant to subsection 130-32(25), the
parking impact fee program shall not be required.
(c) Notwithstanding the terms of subsection 118-353(a) hereof, for purposes of effectuating a
lot split for a site (1) within an historic district, and (2) upon which there are two or more
contributing buildings, variances for the limited purpose of achieving compliance with these
land development regulation with respect to existing floor area ratio shall be permitted. A lot
split contemplated in this subsection shall not be approved unless and until:
(1) The resulting lots each contain a contributing building;
(2)Eachcontributingbuildinghaspreviouslyreceived
certificates of appropriateness approval from the
@ historic preservation boardras-applieab$ for the proposed
comprehensive restoration of the buildings and related work;
469
(3) The applicant provides a payment and performance bond, in form approved by the city
attorney's office, for the proposed comprehensive restoration and all other work
contemplated in said board approvals; and
(4) A binding covenant, enforceable against all successors in interest which shall run with
the land, shall be recorded in the public records declaring and confirming that the floor
area ratio of each of the resulting lots shall never exceed the lesser of (A) the floor area
ratio as of the date of approval of the lot split, or (B) the floor area ratio permitted under
the Code, as amended from time to time, as of the issuance date of a full building
permit for any new construction on the lot.
(d) ln order to authorize any variance from the terms of these land development regulations
and sections 6-4 and 6-a1(a) and (b), the applicable board +aAjus+men+ shall find that:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or
building involved and which are not applicable to other lands, structures, or buildings in
the same zoning district;
(2) The special conditions and circumstances do not result from the action of the applicant;
(3) Granting the variance requested will not confer on the applicant any special privilege
that is denied by these land development regulations to other lands, buildings, or
structures in the same zoning district;
(4) Literal interpretation of the provisions of these land development regulations would
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of these land development regulations and would work
unnecessary and undue hardship on the applicant;
(5) The variance granted is the minimum variance that will make possible the reasonable
use of the land, building or structure;
(6) The granting of the variance will be in harmony with the general intent and purpose of
these land development regulations and that such variance will not be injurious to the
area involved or othenruise detrimental to the public welfare; and
(7) The granting of this request is consistent with the comprehensive plan and does not
reduce the levels of service as set forth in the plan. The planning and zoning director
may require applicants to submit documentation to support this requirement prior to the
scheduling of a public hearing or anytime prior to the board e+eOius+me* voting on the
applicant's request.
Sec. 1 18-354. - Variance conditions and safeguards.
ln granting a variance, the applicable_board e+adlustme* may prescribe appropriate conditions
and safeguards. Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of these land development
regulations.
Sec.118-355.-Variancetimelimits;decisions;s.
(a) The applicable board e+-adiustme* may prescribe a reasonable time limit within which the
action for which the variance is required shall begin or be completed or both. The applicant
shall have up to 18 months, or such lesser time as may be specified by the board, from the
date of the board meeting at which a variance was granted to obtain a full building permit.
The foregoing 18-month time period, or such lesser time as may be specified by the board,
includes the time period during which an appeal of the decision of the board e+edius+me*
may be filed. lf the applicantfails to obtain a full building permitwithin 18 months, or such
lesser time as is specified, of the board meeting date at which a variance was granted
and/or construction does not commence and proceed in accordance with such permit and
470
the requirements of the applicable Florida Building Code, the variance shall be deemed null
and void. Extensions for good cause, not to exceed a total of one year for all extensions,
may be granted by the applicable board e+-aAiustment, provided the applicant submits a
request in writing to the planning and zoning director no later than 90 calendar days after
the expiration of the original variance(s) showing good cause for such an extension. At the
discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit review
process and obtain a full building permit, provided that within the time provided by the board
to obtain a full building permit a valid full building permit application and plans have been
filed with the building department, a building permit process number has been issued and
the planning department has reviewed the plans and provided initial comments.
Notwithstanding the foregoing, in the event the decision of the board +-aaius+me*, with
respect to a the original variance request, is timely appealed, the applicant shall have
eighteen (18) months, or such lesser time as may be specified by the board, from the date
of final resolution of all administrative and/or court proceedings to obtain a full building
permit. This tolling provision shall only be applicable to the original approval of the board
and shall not apply to any subsequent requests for revisions or requests for extensions of
time.
(b) Under no circumstances shall the board e+aAjus+me* grant a variance to permit a use not
generally permitted in the zoning district involved or any use expressly or by implication
prohibited by the terms of these land development regulations. No nonconforming use of
neighboring lands, structures, or buildings in other zoning districts shall be considered
grounds for the authorization of a variance.
(c) The board shall fix a reasonable time for the hearing of the variance request after a
complete application as determined by the planning anC-zening director, give public notice
thereof as well as due notice to the parties in interest, and decide same within a reasonable
time. The decision of the board shall be in writing and shall be mailed promptly to the
applicant.
(d) A building permit shall not be issued until the applicant records the final order against the
property in the public records of the county.
(e) The beard shall determine; en a yearly basis, the parking impaet fee based upen data
ing
direeter shall eeerdinate the submissien ef data and previde the beard with a
previeing+a*in$
Sec. 1 18-356. - Revocation or modification of variance.
(a) The applicable board el-edjus+m€nt may revoke or modify a variance pursuant to the
following procedures:
( 1 ) The planning director shall notify the applicant by certified mail of the failure to comply
with the conditions of the variance.
(2) lf, afterexpiration of a 1S-daycure period (commencing on the date of the notice), the
applicant fails to comply with the conditions, or the applicant has exhibited repeated or
intermittent noncompliance with the conditions prior to the cure period and the planning
director is concerned about further repeated or intermittent noncompliance, the
planning director shall advise the board at the next meeting and the board may
consider setting a public hearing for the purpose of examining the noncompliance
issues.
(3) lf the board elects to set a public hearing, the planning director shall place the matter
on the board's agenda in a timely manner and all notice requirements imposed for
471
(b)
(c)
variance applications as set forth in section 118-134 shall be applicable, with the
addition of notice to the applicant.
(4) The applicable board e+edlus+men+ shall hold a public hearing to consider the issue of
noncompliance and the possible revocation or modification of the variance, and, based
on substantial competent evidence, the board may revoke the variance, modify the
conditions thereof, or impose additional or supplemental conditions.
ln determining whether substantial competent evidence exist to support revocation,
modification or the imposition of additional or supplemental conditions to the variance,
intermittent noncompliance with the conditions, as well as the frequency, degree and
adverse impact of such intermittent noncompliance, may be considered by the board.
ln the event the board takes any of the enforcement actions authorized in this subsection,
the applicant shall reimburse the planning department ien
for all monies expended to satisfy notice requirements and to copy, prepare or
distribute materials in anticipation of the public hearing. The applicant shall not be permitted
to submit a new application (for related or unrelated matters), nor shall an application be
accepted affecting the subject property (for related or unrelated matters), for consideration
by the board of adjustment, planning board, design review board, or historic preservation
board, until repayment in full of all monies due and payable pursuant to this subsection (c).
ln addition to all other enforcement actions available to the board, based upon a board
finding that the applicant has failed to comply with the conditions of the variance, the board
may recommend that the code compliance director (or his/her successor in interest with
respect to the issuance of occupational licenses and certificates of use), in his/her
discretion, revoke or suspend the certificate of use for the subject property and/or the
applicant's occupational license applicable to the business conducted at the subject
property.
Sec. 1 18-358. - Appeal of variance decision.
The decision of the board of adiustment. historic preservation board, or desiqn review board.
solelv. with respect to variances shall be final. There shall be no further review of the variance
except bv resort to a court of competent iurisdiction bv petition for writ of certiorari.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 5. 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 6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
(d)
472
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: November 19,2014
Second Reading: Decembef 17,?014
Verified by:
Thomas R.
Planning Director
T:\AGENDA\2014\NovembeATransfer of Variance Authority - ORD 1st Read.docx
2014.
473
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an
amending height and setback
r Districts in North Beach
Ordinance Amendment to the
regulations for RM-1 zoned,
Land Development Regulations by
multifamily buildings within National
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to requlate is "about the riqht amount."
The proposed Ordinance would amend the height and setback regulations for National Register
District properties located in RM-1 districts in North Beach in order to make new infill buildings more
compatible with their surroundings.
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 attached Ordinance at
First Reading and schedule a Second Reading Public Hearinq for December 17,2014.
On October 28, 2014 the Planning Board recommended tabling the subject Ordinance by a vote of 5
to 2 (Planning Board File No. 2158).
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\November\N Beach RMI Regs - ORD 1st Read SUM.docx
AGENDA ITEM RSO
DArE l(-t?-l qMIAMIBEACH474
MIAMIBEACH
City of llliomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33 1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
North Beach RM-1 Zoning
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEAGH, FLORIDA, By AMENDTNG CHAPTER 142, ,,ZON!NG
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," SUBDIVISION 2, "RM.l RESIDENTIAL MULTIFAMILY
LOW INTENSITY," SEGTION 142.155, "DEVELOPMENT REGULATIONS
AND AREA REQUIREMENTS'" AND SECTION 142-156, "SETBACK
REQUIREMENTS," BY ADDING NEW HEIGHT AND SETBACK
REGULATIONS FOR MULTIFAMILY BUILDINGS IN NORTH BEACH;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for December 17,2014.
BACKGROUND
On October 30, 2Q12, the Planning Board held a workshop discussion regarding
potential initiatives for the North Beach area. At the conclusion of the discussion, the
Planning Board recommended that the City Commission amend the RM-1 zoning district
regulations in order to establish height and setback standards for new construction that
are more compatible with the scale and character of the built environment.
On November 12, 2012, the City Commission referred a discussion item pertaining to
the proposed development regulations to the Land Use and Development Committee.
On April 23,2013, the Land Use Committee discussed the proposed RM-1 regulations,
along with the proposed parking initiatives for North Beach, and continued the item to a
future date. On October 23, 2013, the Land Use Committee recommended that the
subject Ordinance be referred to the Planning Board. On December 11 , 2013, the City
Commission referred the item to the Planning Board.
FROM:
DATE:
SUBJECT:
FIRST READING
475
Commission Memorandum
Ordinance Amendment - Norlh Beach RM1 Development Regulations
November 19, 2014 Page 2 of 5
On January 28, 2014 the proposed Ordinance was discussed by the Planning Board
and continued to a date certain of February 25, 2014. On February 25, 2014, the
Planning Board, at the request of staff, continued the matter to a date certain of May 27,
2014. On May 27 , 2014, the Planning Board continued the Ordinance to a date certain
of July 22, 2014, in order to allow the Mayor's Blue Ribbon Panel on North Beach to
review and comment on the Ordinance.
On June 19tn, 2014 the proposed Ordinance was discussed by the Mayor's Blue
Ribbon Panel on North Beach, and several recommendations were suggested
regarding proposed setbacks and building heights. The Ordinance was again discussed
by the Panel on July 1Oth, and although some further refinements were suggested, no
formal recommendation was given by the Panel. The modifications suggested as part of
the discussion with the panel have been incorporated into the proposed Ordinance.
The Planning Board discussed the proposed Ordinance on July 22, 2014, and
continued it to a date certain of September 23, 2014, at which time it was further
discussed and continued to a date certain of October 28,2014.
The sponsor for the subject legislation is Commissioner Joy Malakoff.
ANALYS!S
The RM-1 zoning district, which encompasses much of North Beach, is intended for low
intensity multifamily housing, and hotels in limited areas along Collins and Harding
Avenues. The intensity limitation for new construction, as determined by the Floor Area
Ratio (FAR) of 1.25, is consistent with the existing built context of the neighborhood.
However, the height, setback and parking regulations in the RM-1 zoning districts often
lead to incompatible relationships between new infill construction and the built context of
existing neighborhoods. Based upon an analysis of the height and setbacks of the
predominant building types in North Beach, certain adjustments to make new infill
buildings more compatible with their surroundings have been proposed for new
construction within the RM-1 areas of the Normandy lsles and North Shore National
Register Districts.
Priorto 1963, buildings in North Beach neighborhoods were almost exclusively one or
two stories and typically not more than 22 feel in height. These building types still
represent about 80o/o of the built environment, giving it a very strong, consistent, human
scale and character. Although the RM-1 zoning district allows new construction up to 5-
stories / 50 feet in height, the maximum allowable FAR of 1.25 can easily be
accommodated within two - three floors of living space. The parking requirement for new
construction requires that virtually the entire ground floor be utilized for parking.
ln order to provide more flexibility for architectural design, a 3-story height limit is
proposed for the first 30 feet of building depth as measured from the required front
setback. A 4-story I 4Q foot height limit would apply for the remainder of the lot depth for
non-waterfront lots, and the existing height limit of S-stories / 50 feet would apply for the
remainder of the lot depth for waterfront lots. This would ensure a more compatible
height relationship between adjoining lots.
The minimum setbacks in the RM-1 zoning district (generally 20' in the front, 7'-6" on the
476
Commission Memorandum
Ordinance Amendment - Norlh Beach RM1 Development Regulations
November 19, 2014 Page 3 ol 5
side and 15' in the rear) apply to neighborhoods citywide. However, they do not match
the minimum setbacks that were utilized prior to 1963 when the majority of North Beach
was developed. ln fact, there were different front yard setbacks in each neighborhood,
which are reflected in the proposed Ordinance amendment. A map highlighting the
referenced neighborhood boundaries is attached. New infill construction would be more
compatible with the built context of existing neighborhoods if it could follow the
established setback lines. Additionally, required parking spaces at the ground floor
would no longer be required to obtain variances for drive aisles, back-up space and
parking space dimensions.
The following is a summary of current requirements and the proposed Ordinance, which
include modifications discussed with the Mayor's Blue Ribbon Panel, as well as the
additional recommendations provided by the Planning Board:
Buildino Heiohts:
Current:
o 50 feet maximum / 5 stories
Proposed:
o 30 feet / 3 stories for the first 30 feet of building depth, as measured from
the minimum required front setback.
o 40 feet / 4 stories maximum thereafter for non-waterfront lots and a
maximum of 50 feet / 5 stories for waterfront lots.
Allowable heioht oroiection s:
Current:
o Stairwell and elevator bulkheads are permitted height exceptions.
Proposed:. Stairwell bulkheads are not permitted above the maximum building height. Elevator bulkheads must be setback to comply with line-of-sight
requirements.. Shade structures, including awnings and canopies shall be permitted as an
allowable height exception, not to exceed 10 feet in height above the
associated roof deck, subject to the review and approval of the historic
preservation board or design review board, as applicable.
Sefbacks:
Current:
o Front - 20 feet. Side - 8o/o of lot width, minimum 7.5 feet
o Rear - 1Oo/o of lot depth
Proposed:
Front Side Rear
North Shore 10 7.5 feet, or 8o/o of lot width,
whichever is greater (5 feet if lot
width is 60 feet or less)
Non waterfront lots - 5 feet
Waterfront lots - 10% of lot
depth
Biscayne Beach 10 7.5 feet, or 8o/o of lot width,
whichever is greater (5 feet if lot
width is 50 feet or less)
10o/o of lot depth
477
Commission Memorandum
Ordinance Amendment - North Beach RM1 Development Regulations
November 19, 2014 Page 4 of 5
Normandy lsle and
Normandy Shores
20 7.5 feet, or 8o/o of lot width,
whichever is greater (5 feet if lot
width is 60 feet or less)
5
Normandy
waterfront
25 7.5 feet, or 8o/o of lot width,
whichever is greater (5 feet if lot
width is 50 feet or less)
1Oo/o of lot depth, maximum
20 feet
Parkinq:
Al lowable e ncroach m ents:
Current:. Balconies, porches, platforms and terraces may project into a required
yard for a distance not to exceed 25 percent of the required yard up to a
maximum projection of six feet.
Proposed:. Balconies, porches, platforms and terraces shall not be permitted as
allowable projections in a required sideyard when the required pedestal
setback is less than 7.5 feet
Attached is a list of previously approved projects located within the subject area of the
proposed Ordinance, which includes the type of projects approved, number of units, and
building heights. lt is important to note that in most instances where the maximum height
of 50 feet was approved by the Design Review Board, a lower scaled massing of 2-3
stories was approved at the front of the properties, which is consistent with the intent of
the proposed Ordinance.
Additionally, attached are graphics illustrating the current and proposed setback and
height requirements for typical properties, including Biscayne Beach, Normandy
Waterfront, Normandy Bayfront and the North Shore areas.
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade parking lot
on the same lot
except where (c)
below is applicable
20 feet 5 feet, or 5% of lot
width, whichever is
greater
5 feet, or 5o/o ot
lot width,
whichever is
greater
Non-oceanfront
lots-S feet
Oceanfront lots-
50 feet from
bulkhead line.
Waterfront lots
within North Beach
National Register
Districts - 20o/o of
lot depth,
maximum 40 feet
478
Commission Memorandum
Ordinance Amendment - Norlh Beach RM1 Development Regulations
November 19. 2014 Page 5 of 5
PLANNING BOARD REVIEW
On October 28, 2014, the Planning Board transmitted the proposed Ordinance to the
City Commission with a recommendation to table the item by a vote of 5 to 2 (Frank
Kruszewski and Jack Johnson opposed). Specifically, the Planning Board concluded that
it was premature for the subject Ordinance to move forward until a broader master plan
for the North Beach area has been put into place.
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 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 a negative fiscal impact upon the City.
SUMMARY
The Administration believes that proposed Ordinance achieves a careful balance of
allowing continued maximum development potential (FAR) with appropriate regulation of
the distribution of the allowable volume. Additionally, the proposed regulations remove
the need for setback variances that have been required in the past, in order for new infill
construction to provide required off-street parking, as well as address the built context of
the surrounding area.
The proposed Ordinance is based upon sound urban design and planning principals,
which have been analyzed in concert with development projects approved and
constructed in the area. However, as indicated by the lack of consensus at the Mayors
Blue Ribbon Panel, and the recommendation of the Planning Board, the proposed
legislation has not received broad support at this time.
ln this regard, while supportive of the measure, the Administration would suggest that if
there is a lack of consensus at the Commission level regarding the Ordinance that no
action be taken at First Reading. At some point in the future the matter can always be re-
referred, should circumstances change and such a referral is determined to be
warranted.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for December 17,2014.
.,r#rh**/MAB/RAM
T:\AGENDA\2014\November\N Beach RM1 Regs - ORD lst Read MEM.docx
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it
b*.r 1 1s'ffilrl
1 15' typical property depth
Section
Stoirwolt ond flsvqtor
fulkheods permitted oborrc
mox buildlng height
I
I soe sEtuAcK = B% or- LoT ii-+ - - --ur-t!-Eu -?.uj)-- -- -- - - - -- --. 1
I-r I-ol
I
d!
-ffilll
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Cunent setback req uirements Cunent height requirements
a()
-t6l 1 15'ffilrt
115' typical propofi depth
Section
rr €:a-t:lolC)a:
Eqirrr1!.qol
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t
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a u^lorol
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L-- - ult -(sI-2,9) ---- -- -- - - - - i--I-------
I ffin-6r-
I
i:o
_Hi{l
Plan
Proposed setback requirements Proposed height requirements
MIAMIBEACH
Plonning Deporlment
RM-1 Zoning District Amendments - Biscayne Beach
Biscayne Beach - Currenl and Proposed setback and height requirements
for a typical double lot configuration
-----orrrras-rg1-i, ?-r&t-B..da-PEilm-€eedi,$ii-:--
483
I()
I
250'.@J
a
I
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'ti{DiH (MlN 7.5')
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i L $IDIH (MlN 7.s);I rl'ol
I6
Plan
Cunent setback requlrements
ao
-t6J-250'
o
i
l. zs'-o' i. r soe srrsacx = 8% oF LoT-i---T- worH (MrN 7.5')i l'lx-:; 'lrr'
ll}l-to
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Plan
Proposed setback requ irements
MIAMIBEACH
Plonning Deportment
RM-1 Zoning District Amendments - Normandy Waterfront
Normandy Waterfront - Cunent and Proposed setback requirements for a
typical double lot configuration
-o.roE'6iilEF-dMln-Bedr-Hrrrur-DBpdffi -
484
ilfi6-U8firEiJALuo{beu9
250'typical property depth (Varies ftom 170'to 300'+)
Section
Cunent height requirements
tjs"'
- lt)
re
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Section
Proposed height reguirements
MIAMIBEACH
Plonning Deportmenl
RM-1 Zoning District Amendments - Normandy Waterfront
Normandy Waterfront - Cunent and Proposed height requirements for a
typical double lot configuration
__tI€.fl *rhil(h-:F6$Aifi aitsdid-+lib-alE-E.ps,ffi nF==:::::::.::--::---:--::
485
170'.
o
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SDE SEIBACK = 82 0F LOT
wDfi ([,lrN 7.s')I zo'-0, j- r
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---------ToT._______-_----u]-.-T--Fl i* ?5uit 12 *ati iE Esi:illl r;l I:lltr II I sDE snBAcl( = 8fl 0F LOI i
I? i I l,Jllll!_(!,UL5)-__---! r--,F----:---I:-----'------ ----ri.l
Et'
Iio
Plan
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17?'.
(D
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f riiDlH (MlN 7.5') i t$P s'si)t-'HiH !i?i H----EE--I
rh'u irx-9 !
tlta I(},o i
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i srm sETBAcfi = 6% oF LoT ii-1-lo_t o!!Lsl--- ------i
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!+-lz.tc)IElu-
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bl'
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no
Plan
Proposed setback requirements
MIAMIBEACH
Plonning Deportment
RM-1 Zoning District Amendments - Normandy Bayfront
Normandy Bayfront - Current and Proposed setback requirements for a
typical double lot configuration
o66ff 2tx l:clry6l ltrfl te..lr?En{rg
486
MAX HEIGI{T * 50'
Stoirrell ond Bevotor
bulkheo<ls permitted obove
mox buflding height
ufio:{o(-)Ofir
Ll-a/,L
oao<EeH9
1 70' typical property depth
Secthn
Gunent height requirements
t-,i5-
lP
:u,l* z--.
;Ei.EJlEI
1 70' typical property dopth
Section
$qI.'[Np$
)-ffif",$;'*
Proposed height requarements
MIAMIBEACH
Plonning Deportment
RM-1 Zoning District Amendments- Normandy Bayfront
Normandy Bayfront - Cunent and Proposed height requirements for a
typical double lot configuration
-s6p{ft bffzlIrrya nh-ff Eafi .ffi't@a
487
(o
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ll
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t(O
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F.
SIDE SEEACK = 8U 0F LOT
wDlH (UtN 7.5')
SIDE SETBACK = B% 0F LOT
r,tlDIH (MlN 7.5)
Stoiruell ond Elevutor
bulktreods permitted dove
mox building height
125' typical property depth
t 125',r -J___r_:__;ffi;;m#_____; I
lo'-oj;.:, 3oilt*t "ia, *'rrs6 i;,,j- | iiTA):!
LI-e ir/\rtl. iol- i :'-r'ii-L: I xEll'B; ipn z.-, EH i itt | $DESEmAcK{5',rrorrots EE iii L-{.-------!9lg{-{gr-elSi-----------:-:-.i i: ! J lio f€st sld€ or issst i-[:: ::::r:::-::--:- ---1 i
rl6
Shode ond conopy structures
permltted up to 10' obor,e }ffiN',--
125' typical property depffi
Proposed setback requirements Proposed height requirements
MIAMIBEACH
Plonning Deportmeni
RM-1 Zonino District Amendments - North Shore
North Shore - Cunent and Proposed setback and height requirements bra
typical sing le lot configuration, non-waterfront
488
North Beach RM-1 Zoning Amendments
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ..DISTRICT
REGULATIONS," SUBDIVISION 2, "RM-l RESIDENTIAL
MULTIFAMILY LOW INTENSITY,"SECTION 142-15s,..DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS",
AND SECTION 142.156, "SETBACK REQUIREMENTS," BY ADDING
NEW HEIGHT AND SETBAGK REGULATIONS FOR MULTIFAMILY
BUILDINGS lN NORTH BEACH; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach multifamily neighborhoods were largely developed
between 1935 and 1963 with low scale, Mid Century Modern buildings on 50 feet lots, giving the
atea a cohesive and distinctive character; and
WHEREAS, ln the summer of 2009, the North Shore and Normandy lsles National
Register Historic Districts were placed on the National Register of Historic places by the United
States Department of the lnterior; and
WHEREAS, the Planning Department conducted an analysis of existing conditions,
issues and opportunities in the RM-1 Multifamily low intensity district; and
WHEREAS, the City desires to reduce parking requirements, with certain conditions in
the North Shore and Normandy lsles National Register Historic Districts, in order to encourage
the retention and preservation of existing contributing structures within the districts and to
promote walking, bicycling and public transit modes of transportation, as well as to reduce the
scale and massing of new development in the residential neighborhoods; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article ll
- "District Regulations," Subdivision ll. - "RM-1 Residential Multifamily Low lntensity" is hereby
amended as follows: * * *
Sec. 142-155. - Development regulations and area requirements.(a) The development regulations in the RM-1 residential multifamily, low density district are
as follows:
489
(4) ln the North Shore National Reqister Historic District and the Normandv lsles
National Reqister Historic District. the followinq shall applv:
The maximum buildinq heiqht shall be 30 feet for the first 30 feet of buildinq
depth. as measured from the minimum required front setback and a
maximum of 40 feet for the remainder of the lot depth for non:walerfronl lots
and a maximum of 50 feet for walerfronl lots.
The maximum number of stories shall be three (3) for the first 30 feet of
buildinq depth. as measured from the minimum required front setback and a
maximum of four (4) stories for the remainder of the lot depth for non:
wa_terfronl lots and a maximum of five (5) stories for waterfronl_lqts.
Stainuell bulkheads shall not be permitted to extend above the maximum
buildinq heioht.
Elevator bulkheads extendino above the main roofline of a buildinq shall be
required to meet the line-of-sioht requirements set forth in section 142-1161
herein and such line-of-sioht requirement cannot be waived bv either the
historic preservation board or desion review board. as mav be applicable.
For properties where the maximum heioht is limited to 40 feet, shade
structures, includino awninqs and canopies shall be permitted as an
allowable heioht exceotion which are not to exceed 10 feet in heiqht above
the associated roof deck, and are subiect to the review and approval of the
historic preservation board or desion review board. as mav be applicable.
Balconies. porches, platforms and terraces shall not be permitted as
allowable proiections in a required sidevard when the required pedestal
setback is less than 7.5 feet.
(b) The lot area, lot width, unit size and building height requirements for the RM-1 residential
multifamily, low density district are as follows:
a.
b.
c.
d.
e.
L
Minimum
Lot Area
(Square Feet)
Minimum
Lot Width
(Feet)
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Maximum
Building
Height
(Feet)
Maximum
Number
of Stories
5,000 50 feet New
construction-
550
Non-elderly
and elderly
low and
moderate
income
housing: See
section 142-
1 183
Rehabilitated
buildings-400
New
construction-
800
Non-elderly
and elderly
low and
moderate
income
housing: See
section 142-
1 183
Rehabilitated
buildings-550
Historic
district-40
Flamingo Park
Local Historic
District-35
(except as
provided in
section 142-
1161
North Beach
National
Reqister
Districts - see
section 142-
155(aX4)
Othenruise-50
Historic
district-4
Flamingo Park
Local Historic
District-3
(except as
provided in
section 142-
1161
North Beach
National
Reqister
Districts - see
section 142-
155(aX4)
Othenruise-5
490
Sec. 1 42-156. - Setback requirements.(a) The setback requirements for the RM-1 residential multifamily, low density district are as
follows:
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade
parking lot on
the same lot
except where
(c) below is
applicable
20 feet 5 feet, or 5o/o of
lot width,
whichever is
greater
5 feet, or 5% of
lot width,
whichever is
greater
Non-oceanfront
lots-S feet
Oceanfront lots-
50 feet from
bulkhead line.
Waterfront lots
within North Beach
National Reoister
Districts - 20% of
lot depth.
maximum 40 feet
Subterranean 20 feet 5 feet, or 5o/o of
lot width,
whichever is
greater (0 feet if
lot width is 50
feet or less)
5 feet, or 5o/o of
lot width,
whichever is
greater
Non-oceanfront
lots-0 feet
Oceanfront lots-
50 feet from
bulkhead line
Pedestal 20 feet
Except lots A and
1-30 of the
Amended Plat lndian
Beach Corporation
Subdivision and lots
231-237 of the
Amended Plat of
First Ocean Front
Subdivision-50 feet
Sum of the side
yards shall
equal 16% of lot
width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Sum of the side
yards shall equal
160/o o'f lot width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots-10% of lot
depth
Oceanfront lots-
20o/o of lot depth,
50 feet from the
bulkhead line
whichever is
greater
491
Tower 20 feet + 1 foot for
every 1 foot increase
in height above 50
feet, to a maximum
of 50 feet, then shall
remain constant.
Except lots A and
1-30 of the
Amended Plat lndian
Beach Corporation
Subdivision and lots
231-237 of the
Amended Plat of
First Ocean Front
Subdivision-50 feet
The required
pedestal
setback plus
0.10 of the
height of the
tower portion of
the building. The
total required
setback shall not
exceed 50 feet
Sum of the side
yards shall equal
160/o of the lot
width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots-15% of lot
depth
Oceanfront lots-
25o/o of lot depth,
75 feet minimum
from the bulkhead
line whichever is
greater
(d) ln the National Reqister Historic Districts in North Beach, the followinq setback
requirements shall applv for the pedestal portions of all buildinqs. Setbacks for tower.
at-grade parkinq and subterranean levels shall be the same as set forth in (a) above.
Front Side Rear
North Shore 10 feet 7.5 feet, or 8% of lot width.
whichever is qreater (5 feet,
Non waterfront lots - 5 feet
Waterfront lots - 10% of lot
if lot width is 60 feet or less) deoth
Biscavne Beach 10 feet 7.5 feet. or 8% of lot width.
whichever is qreater (5 feet
10% of lot depth
if lot width is 50 feet or less)
Normandv lsle
and Normandy
20 feet 7.5 feet. or 8% of lot width,
whichever is qreater (5 feet.
5 feet
Shores if lot width is 60 feet or less)
Normandv
waterfront
25 feet 7.5 feet. or 8% of lot width.
whichever is qreater (5 feet
10% of lot depth, maximum
20 feet
if lot width is 50 feet or less)
492
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. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION5. SEVERAB!LITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
Verified by:
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONl- k- 5'il^
DoteFirst Reading: November 19,2014
Planning Director
T:\AGENDA\2014\November\N Beach RM1 Regs ORD.docx
493
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Repealing Ordinance
No. 1201, Entitled "An Ordinance Of The City Of Miami Beach, Florida, Changing The Name Of Forty-First (41")
Street To Arthur Godfrey Road," To Remove The "Arthur Godfrey Road" Name From Forty-First Street And To
Request That The Florida Department Of Transportation (DOT) Remove The Name "Arthur Godfrey Road"
From FDOT Road And Siqns: Providinq For And Effective Date.
Supporting Data (Surveys, Environmental Scan, etc
ltem Su mmary/Recommendation :
On February 15, 1956, the Mayor and City Commission of the City of Miami Beach, petitioned by a group of
property owners along 41st Street, adopted ordinance No. 1201 , which changed the name of 41 st Street to Arthur
Godfrey Road. Forty-First (41") Street is part of the State Road system (State Road 112), thus under the
jurisdiction of the Florida Department of Transportation (FDOT). Typically, the State legislature must approve the
addition or removal of a co-name for a State Road. However, research performed by the Office of the City
Attomey has indicated that the State Legislature has never designated State Road 1 12l4fi Street as "Arthur
Godfrey Road". As such, the City Commission may remove the 'Arthur Godfrey Road" co-name by repealing
Ordinance No. 1201.
At its June 11,20'14 meeting, the City Commission held a discussion regarding the removal of the'Arthur
Godfrey Road" co-name from 41st Street. At the meeting, the Commission stated that Arthur Godfrey is no longer
well-known or well-regarded by many in the City of Miami Beach and referred the item to the
Neighborhood/Community Affairs Committee (NCAC) for discussion and direction. FDOT staff has confirmed that
upon receiving a City Commission resolution, the existing highway signs located over the eastbound lanes of l-
195/Julia Tuftle Causeway will be modified accordingly at no cost to the City. The existing internally illuminated
street name signs at signalization intersections from Alton Road to Collins Avenue are maintained by the Miami-
Dade County Traffic Signals and Signs Division. The City has communicated with the County to obtain
information on cost and standard of installation of new internally illuminated street name signs and ground-
mounted street name signs. As a matter of practice, the County only places ground-mounted signs and intemally
illuminated street name signs on non-state roads, however, the County has expressed that if the FDOT approves
the removal of the co-designation on State Road 112t41'' Street, the County will remove the existing intemally
illuminated street name signs and install new signage along the corridor. The cost for the installation of sixteen
(16) new intemally illuminated street name signs and two (2) ground-mounted street name signs showing only the
41'' street designation between Collins Avenue and Alton Road is approximately $5,600. Funding has not been
budgeted for this project, however, if the item is sponsored and placed on the Board of County Commissioners
agenda by the District's County Commissioner, the installation of the new co-designation street name signs would
be at no cost to the City. lf the co-designation is not sponsored by the District's County Commissioner, the City
will identify the funds required for replacement of the existing signs along the corridor. THE ADMINISTRATION
RECOMMENDS ACCEPTING THE RECOMMENDATION OF THE NCAC BY SEPARATE MOTION AND
APPROVING THE ORDINANCE ON FIRST READING.
The Neighborhood/Community Affairs Committee passed a motion at its October 31,2014 meeting
recommending that the Administration prepare an ordinance repealing Ordinance No. 1201, thus removing the
Road" from 41st Street.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary:
The estimated cost for installation of the co-designation signs by the County is $5,600. Funding has not been
budqeted for this oroiect.
Jose R. Gonzalez, P.E. Ext. 6768
Siqn-Offs:
Department Director Assistant Cily Manager City laoeger
JRG )ILKN KGB H7 JLMT I'
T:\AGENDA\201
SUMM.docx
"Arthur Godfrey Road" Co-Name liorf 41st Street
AGEilrAraru RS PMIAAAIBEACHor:r ll-lt-19494
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members olthe CitV Ctnmission
Jimmv L. Morares, citv Manager F-1 >-
November 1s,2014 tj {
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REPEALING ORDINANCE NO. 1201, ENTITLED "AN
ORDINANCE OF THE CITY OF MIAM! BEACH, FLORIDA, CHANGING THE NAME
oF FORW-FIRST (41t') STREET TO ARTHUR GODFREY ROAD," TO REMOVE
THE "ARTHUR GODFREY ROAD'' NAME FROM FORW-FIRST STREET AND TO
REQUEST THAT THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
REMOVE THE NAME "ARTHUR GODFREY ROAD" DESIGNATION FROM FDOT
ROAD AND HIGHWAY SIGNS; PROVIDING FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
FUND!NG
The estimated cost of installation of the co-designation signs by Miami-Dade County is $5,600.
Funding has not been budgeted for this project.
BACKGROUND
On February 15, 1956, the Mayor and City Commission of the City of Miami Beach, petitioned
by a group of property owners along 41't Street, adopted Ordinance No. 1201, which co-
designated 41"1 Street as Arthur Godfrey Road. At that point, property owners sought to add the
name as a tribute to Arthur Godfrey, whose enthusiasm and interest in our City has stimulated
and publicized the many virtues of South Florida.
Forty-First (41't) Street is part of the State Road system (State Road 112), thus under the
jurisdiction of the Florida Department of Transportation (FDOT). Typically, the State legislature
must approve the addition or removal of a co-name for a State Road. However, research
performed by the Office of the City Attorney has indicated that the State Legislature has never
designated State Road 112l4fi Street as "Arthur Godfrey Road". As such, the City Commission
may remove the "Arthur Godfrey Road" co-name by repealing Ordinance No. 1201.
At its June 11,2014 meeting, the City Commission held a discussion regarding the removal of
the "Arthur Godfrey Road" co-name from 41"t Street. At the meeting, the City Commission
stated that Arthur Godfrey is no longer well-known or well-regarded by many in the City of Miami
495
Commission Memorandum -Ordinance Repeating The "Arthur Godfrey Road" Co-Name from 41d Street
November 19, 2014
Page 2 of 2
Beach and referred the item to the Neighborhood/Community Affairs Committee (NCAC) for
discussion and direction. The NCAC passed a motion at its October 31,2014 meeting,
recommending that the Administration prepare an ordinance repealing Ordinance No. 1201,
thus removing the co-name "Arthur Godfrey Road" from 41"1Street.
ANALYSIS
ln order to remove the "Arthur Godfrey Road" co-designation, City Commission must approve
the repealing of Ordinance No. 1201.
As previously mentioned, 41st Street is part of the State Road system (State Road 112) and
connects with l-195/Julia Tuttle Causeway on the west end. FDOT staff has confirmed that upon
receiving a City Commission resolution, the existing highway signs located over the eastbound
lanes of l-195/Julia Tuttle Causeway will be modified accordingly at no cost to the City.
The existing internally illuminated street name signs at signalization intersections from Alton
Road to Collins Avenue are maintained by the Miami-Dade County Traffic Signals and Signs
Division. The City has communicated with the County to obtain information on cost and
standard of installation of new internally illuminated street name signs and ground-mounted
street name signs. As a matter of practice, the County only places ground-mounted signs and
internally illuminated street name signs on non-state roads, however, the County has expressed
that if the FDOT approves the removal of the co-designation on State Road 112l4ft Street, the
County will remove the existing internally illuminated street name signs and install new signage
along the corridor.
The cost for the installation of sixteen (16) new internally illuminated street name signs and two
(2) ground-mounted street name signs showing only the 41't Street designation between Collins
Avenue and Alton Road is approximately $5,600. Funding has not been budgeted for this
project, however, if the item is sponsored and placed on the Board of County Commissioners
agenda by the District's County Commissioner, the installation of the new co-designation street
name signs would be at no cost to the City. lf the co-designation is not sponsored by the
District's County Commissioner, the City will identify the funds required for replacement of the
existing signs along the corridor.
RECOMMENDATION
The Administration recommends approval of the Ordinance on First Reading repealing
Ordinance No. 1201, entitled An Ordinance of the City Of Miami Beach, Florida, changing the
name of Forty-First (41't) Street to Arthur Godfrey Road, and setting a public hearing for
December 17,2014.
,&,m,+r,
T:\AGENDA\2014\November\Transportation\Ordinance Repealing The "Arthur Godfrey Road" Co-Name from 41st Street
MEMO.docx
496
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, REPEALING ORDINANCE NO. 1201,
ENTITLED "AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
CHANGING THE NAME OF FORTY-FIRST (41ST) STREET TO ARTHUR
GODFREY ROAD,'' TO REMOVE THE "ARTHUR GODFREY ROAD" CO.
NAME FROM FORTY-FIRST STREET AND TO REQUEST THAT THE
FLORTDA DEPARTMENT OF TRANSPORTATTON (FDOT) REMOVE THE..ARTHUR GODFREY ROAD'' DESIGNATION FROM FDOT ROAD AND
HIGHWAY SIGNS; PROVIDING FOR REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, on February 15,1956, the Mayor and City Council of the City of Miami Beach
("City"), petitioned by a group of property owners along 41st Street, adopted Ordinance No. 1201,
attached as Exhibit "A" hereto, to change the name of 41st Street to Arthur Godfrey Road; and
WHEREAS, 41st Street is maintained by the State of Florida and designated by FDOT as
State Road 112; and
WHEREAS, for the State to designate a State road with a new name, the State legislature
must approve the designation; however, in this instance, the State legislature never designated
41st Street as "Arthur Godfrey Road," and FDOT has no record of a roadway designation of "Arthur
Godfrey Road" on 41st Street; and
WHEREAS, therefore, the City Commission may remove the "Arthur Godfrey Road" co-
name by repealing Ordinance No. 1201, without any action by the State legislature; and
WHEREAS, on June 11,2014, the City Commission held a discussion regarding removing
the "Arthur Godfrey Road" co-name from 41st Street; and
WHEREAS, at its October 31, 2014 meeting, the Neighborhood/Community Affairs
Committee unanimously adopted a motion recommending that the Administration prepare an
ordinance repealing Ordinance No. 1201 to remove the name "Arthur Godfrey Road" from 41st
Street; and
WHEREAS, the City Commission hereby accepts the recommendation of the
Neighborhood/Community Affairs Committee.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Ordinance No. 1201 is hereby repealed in its entirety as follows:
ORDINANGE NO- 1201
A$TRB|NANCE gF THE etry OF MIAM| BEACH, FtOR|DA, CHANGING
THE NAME 9F FORTY-FIRST (41st) STREEI TO ARTHUR GODFREY
ROA+
497
BE lT ORDAINED BY THE-CITY COUNC|tOF THE G|TY OF MIAMI BEAGH, FtOR|DA;
Street" en Plats ef the Oeean Frent Preperty ef Miami Bea€h lmprevement
iness
Flerida; respeetively in Plat Beek 5 at pages 7 and 8, in Plat Beek 10 at page 3, in
Plat Beek I at page 116'rn Plat Beek 25 at page 30, in Plat Beek 6 at page 101, in
Plat Beek 29 at page 67; in Plat Beek 8 at page 130, in Plat Beek 7 at page 161, in
Plat Beek 23 at page 66; in Plat Beek 3 I at page 81 and in PlalBeek 3 I at page 92,is nereby ehanged I
in+as
req{*ired+ylaw'
SEGTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABIL!TY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of
PASSED and ADOPTED this
ATTEST:
day of ,2014.
2014.
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Joy Malakoff)
Underline denotes additions
S+i*e+nreugh denotes deletions.
PHILIP LEVINE, MAYOR
& FOREXECUTION
'*I- 0n\- (
APPROVED AS TO
FORM & LANGUAGE
& FOR EX t- r r(trl r+
\--
F:\ATTo\KALN\oRDINANCES\Arthur Godfrey Road RepeareARepear Arthur Godfrey Road Naming oro,."r.f;t'll,fll?'Jl;t$ o"* !K
Dote
498
ORDINANCE NO. 1201
AN ORDTNANCE OF TI{E CIrY OF MIAMr Sr494:
FrcRr;A;--ditrucrNc rlrE NAME oF FoRTY-FTRST
i[i;t] Smsst ro ARTHUR GoDFRSY RoAD'
BEITORDAINEDBYT}IECITYCOUNCILOFTIIECITYOFMIAMIBEACH'
FLORIDA:
SECTIoN 1: That that certaln hlghway sngln.and deslgnated
"" "ro"Iv-rr'ii-b-t"tEt" 6" "41st street" on
plats of the o""arr-irlnt-Property of Mlaml Beach Improvement
b".i."vl oi-rr"*rneo-i.ttac"'subbtvlslon' of orchard. sub-
Dlvlslon Nunbers 2 and 3, of Orchard-Subdlulslott Number 4' of
;i;iG; iiav-s"uarul;i";; of Garden subdlvtslon' of Nautilus
Addltlon, of Flrsl-llaitio" to Mld-Go1f Subdlvlslon' of
r,ilil;;y 6"ba:.uisronl-oi-Ni"til"" Exrenslon Seeond and of
41st street nusrnesi Subdlvl-slon, said Plalt belng recorded
ln the Publ1c necira"-of Dade County, F1or1d3,I9"p9"!1::H
r" ifit-sook J at pages l-and B, 1! Plat Book 10 at P?ee;['i; ii;; ;;;il 5 "i i.E"-rt6, ln itat boot< 25 at page 30' 1n
ii"it;;";-6'-u; ;;s;-ior, r" Plat Eook 29 at-9?ce:67' ln Plat
ir;;; B-;d p"e" i:6, it irat Book ? at page 161' ln-Plat Book
iI"!t"pIe""6Bl iiYir;i ffi; 1i-it'pue"-8i and.in plat Book 34
;; ;;s;-Er, ri n"r.f,;-"-hilatA.:'n nimE and deslsnatlon' and
un"ii"rt"i'"itter ue-tdrown, deslgnated and referred to as
"Arthur Godfrey Roadtr.
SECTION 2:
SECTION 3: That thls
uPon its ordlnance shall go lnto effect lmmedlately
p;;;;A; and postlig as requlred bY law '
That a1l ordlnances or parts of ordlnances ln
"."iff.i herewlth are hereby repealed'
pAssED and ADOPTED thls 15 day of Febrrrarlr.A-Di ' 1956'
Ist readlng - FebruarT l' \95-9
3l$,fiililE : H#:*',P,i'?#Z
oFrrcE oF ctfr .trlorttEr - crrl Ef,rL - tillr.Irlt aErcE 39, rLOllDIl
499
STATE OF FIORIDA
COI'}|TY OF DADE;
1, R. WU. L. JOHNSON, Clty Clerk ln and for the Clty
of Mlam1 Beach, Florlda, do hereby certlfy that Ordlnanee
No. lAOl , entltled:
nAN oRDTNANCE oF THE crry oF MrA!,!r BEACH, FIpBTDA,
CHANGING THE NAME OF FOR,I'Y-FIRST (41ST) STNSPT tO
ARTIflA GODFBEY ROADII,
havlng been paosed and adopted by the Clty Councll of the Clty
of Mlaml Beach, FLorlda, has been posted by me ln three coneplcuoua
placee ln the Clty of M1aml Beach, one of wh!.ch was at the doon of
the Clty HaIl ln sald Clty on the 15th day of February, 1956
and that sald Ordlnance renalned posted for a perlod of at leaet
thlrty dayo ln acoondance wlth the regufu'enents of the clty charter
of the sald Clty of M1am1 8each.
IN ttITtfESS $HEREOF I have her:eunto eet ny hand and
afflxed the offlclal 6eal of the Clty of Mlamt Beach, F1orlda,
on thle the 28th day of March, A.D. t956
500
THIS PAGE INTENTIONALLY LEFT BLANK
501
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending
Chapter 82 Of The Code Of The City Of Miami Beach, Florida, Entitled "Public Property," By
Amending Article Vl, Entitled 'Naming Of Public Facilities And Establishment Of Monuments And
Memorials," By Amending 82-503 Thereof, Entitled "Naming Of Public Facilities; Co-naming Of
Streets," To Prohibit The Co-Naming Of sth Street, 41"1Street, 71't Street, Collins Avenue, Washington
Avenue, Alton Road, And Ocean Drive, Or Any Portions Thereof; Providing Codification, Repealer,
Severability, and Effective Date.
Supporting Data (Surveys, Environmental Scan, etc
ltem Su mmary/Recommendation :
At the December 11,2013 Commission meeting, the Commission approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee (NCAC), that the
Administration develop criteria for the co-naming of streets. Based on this motion and pursuant to
Ordinance 2014-3875, modifications to Article Vl of Chapter 22 of the City Code (Naming of Public
Facilities and Establishments of Monuments or Memorials) were approved on first and second reading
at the May 21, 2014 and June 11,2014 City Commission meetings, respectively.
At its meeting on October 31,2014, the NCAC held a discussion regarding howthe naming and co-
naming of major roads in Miami Beach can cause residents and visitors unnecessary confusion and
disorientation. At this meeting, the NCAC approved a motion recommending that the City
Commission direct the Administration to prepare an Ordinance prohibiting the naming and co-naming
of Sth Street, 41st Street, 71st Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean
Drive.
As per the direction of the NCAC, the Administration has drafted an Ordinance amending Section 82-
503 (Naming of public facilities; co-naming of streets) of the City Code. This section was previously
amended on June 11, 2014 to include a new process for co-naming of public facilities, including
streets and portions thereof. The proposed Ordinance prohibits the co-naming of Sth Street,4lst
Street, 71st Street, Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive. The proposed
Ordinance does not apply to streets, or portions thereof, that were named or co-named prior to
DecembeT 27,2014. THE ADMINISTRATION RECOMMENDS ACCEPTING THE RECOMMENDATION OF
THE NCAC BY SEPARATE MOTION AND APPROVING THE ORDINANCE ON FIRST READING AND
SETTING A PUBLIC HEARING FOR DECEMBER 17.2014.
The Neighborhood/Community Affairs Committee passed a motion at its October 31,2014 meeting
recommending that the Administration prepare an ordinance prohibiting the co-naming of major
streets
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
There is no financial imoact associated with this Ordinance.
Clerk's Office
Jose R. Gonzalez, P.E. Ext. 6768
Department Director Assistant City,y'Vl anager City aRager
JRG -)g.'KGB (rOf//JLMf
I llrliit /lanv
AGE,,,DA rr* RSQMIAAAIBTACHDATE ll- [q { q502
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMI BEACH
TO:
FROM:
DATE:
Mayor Philip Levine and Members of t
Jimmy L. Morales, City Manager
November 19,2014
FIRST READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE CODE OF THE CITY
OF MIAMI BEACH, FLORIDA, ENTITLED "PUBLIC PROPERTY," BY AMENDING
ARTICLE V!, ENTITLED "NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS AND MEMORIALS," BY AMENDING 82.503 THEREOF,
ENTITLED "NAMING OF PUBLIC FACILITIES; CO-NAMING OF STREETS," TO
PROHIBIT THE CO-NAMING OF sTH STREET, 41ST STREET, 71ST STREET,
COLLINS AVENUE, WASHINGTON AVENUE, ALTON ROAD, AND OCEAN DRIVE,
OR ANY PORTIONS THEREOF; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
FUNDING
There is no financial impact associated with this Ordinance.
BACKGROUND
At the December 11,2013 Commission meeting, the Commission approved Resolution 2013-
28429, accepting the recommendation of the Neighborhood/Community Affairs Committee
(NCAC), that the Administration develop criteria for the co-naming of streets. Based on this
motion and pursuant to Ordinance 2014-3875, modifications to Article Vl of Chapter 22 of lhe
City Code (Naming of Public Facilities and Establishments of Monuments or Memorials) were
approved on first and second reading at the May 21, 2014 and June 11, 2014 City Commission
meetings, respectively.
At its meeting on October 31, 2014, the NCAC held a discussion regarding how the naming and
co-naming of major roads in Miami Beach can cause residents and visitors unnecessary
confusion and disorientation. At this meeting, the NCAC approved a motion recommending that
the City Commission direct the Administration to prepare an Ordinance prohibiting the naming
and co-naming of Sth Street,4lst Street, 71st Street, Collins Avenue, Washington Avenue,
Alton Road, and Ocean Drive.
ANALYSIS
As per the direction of the NCAC, the Administration has drafted an Ordinance amending
Section 82-503 (Naming of public facilities; co-naming of streets) of the City Code. This section
503
Commission Memorandum -Ordinance Prohibiting Co-Naming of Major Conidors
November 19, 2014
Page 2 of 2
was previously amended on June 1 1, 2014 to include a new process for co-naming of public
facilities, including streets and portions thereof. The proposed Ordinance prohibits the co-
naming of 5th Street, 41't Street, 71't Street, Collins Avenue, Washington Avenue, Alton Road,
and Ocean Drive. The proposed Ordinance does not apply to streets, or portions thereof, that
were named or co-named prior to December 27,2014.
RECOMMENDAT!ON
The Administration recommends accepting the recommendation of the NCAC by separate
motion and approving the Ordinance on First Reading amending Section 82-503 of the City
Code to prohibit the co-naming of Sth Street, 41st Street, 71st Street, Collins Avenue,
Washington Avenue, Alton Road, and Ocean Drive, or any portions thereof, and setting a Public
Hearing for December 17, 2014.
o_lU rED
K6BIJRG/JFD
T:\AGENDA\2014\November\Transportation\Ordinance Prohibiting Co-Naming of Major Streets MEMO.docx
504
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, ENTITLED..PUBLIC PROPERTY," BY AMENDING ARTICLE VI, ENTITLED..NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT OF
MONUMENTS AND MEMORIALS," BY AMENDING SECTION 82-503
THEREOF, ENTITLED "NAMING OF PUBLIC FACILITIES; CO-
NAMING OF STREETS," TO PROHIBIT THE CO.NAMING AND
RENAMING OF CERTAIN MAJOR STREETS WITHIN THE CITY,
IDENTIFIED HEREIN AS sTH STREET, 41ST STREET, 71ST STREET,
COLLINS AVENUE, WASHINGTON AVENUE, ALTON ROAD, AND
OCEAN DRIVE, OR ANY PORTIONS THEREOF; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, at its meeting on October 31, 2014, the Neighborhood/Community Affairs
Committee ("NCAC") held a discussion regarding how the co-naming or renaming of major
roads in Miami Beach causes residents and visitors unnecessary confusion; and
WHEREAS, the NCAC approved a motion recommending that the City Commission
direct the Administration to prepare an ordinance prohibiting the co-naming and renaming of
certain major streets within the City, herein defined as Sth Street,4lst Street, 71st Street,
Collins Avenue, Washington Avenue, Alton Road, and Ocean Drive; and
WHEREAS, the City Commission hereby accepts the recommendation of the NCAC.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Chapter 82, Section 82-503, of the Miami Beach City Code is hereby amended as
follows:
Chapter 82
PUBLIC PROPERTY
ARTICLE VI. NAMING OF PUBLIC FACILITIES AND ESTABLISHMENT
OF MONUMENTS OR MEMORIALS
!k**
505
Sec. 82-503. Naming of public facilities; co-naming and renaming of streets.
Co-naming/lenamjng of sfreets or portions thereof.
(1)
(g) Streets, or portions thereof, located in the city may be co-named
in honor of (i) Miami Beach police officers who died or were killed in the
line of duty; (ii) a public facility located on the street to be co-named; (iii)
private not-for-profit organizations with significant historical value to the
City and associated with structures which have a significant historical
value or architectural significance to the City and which are located on the
street, or portion thereof, to be co-named; (iv) geographic areas within the
City; or (v) a commercial establishment that has been in business in the
City of Miami Beach for 100 or more years and which is located on the
street to be co-named. The provisions in this subsection 82-503(cX1Xa)
shall not apply to streets named or co-named prior to June 21,2014.
(b) Notwithstandinq the provisions in subsection 82-503(cX1Xa), the
followinq streets, or portions thereof, shall not be co-named or renamed:
Sth Street. 41st Street, 71st Street, Collins Avenue. Washinqton Avenue.
Alton Road. and Ocean Drive. The provisions in this subsection 82-
503(cX1Xb) shall not applv to streets. or portions thereof, that are co-
named or renamed prior to December 27, 2014.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
(c)
506
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
-
day of 2014.
PASSED and ADOPTED this
ATTEST:
2014.
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
(Sponsored by Commissioner Deede Weithorn)
Underline denotes additions
S+ike+nreush denotes deletions
F:\ATTO\KALN\ORDINANCES\Naming Ordinance\Naming Ordinance Amendment Nov 2014.docx
day of
APPROVED AS TO
FORM & LANGUAGE
IJK
3
507
r9r5.20r5
M]AiviiBTACH
OFFICE OF THE CIry ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
MAYOR PHILIP LEVINE
MEMBERS OF THE CIry COMMISSION
ctry MANAGEH{VIY MORALES
FRoM: RAUL, oor,;a*^ ()* ;
C]ry ATTORNEY
DATE: NOVEMBER 19,2014
SUBJECT: 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", ARTICLE VII "STANDARDS OF
CONDUCT", DIVISION 2 "OFFICERS, EMPLOYEES AND AGENCY
MEMBERS", SECTION 2.462 THEREOF ENTITLED ..PROHIBITING
MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN
POST.SERVIGE CONTRACTS WITH CITY," TO CLARIFY
ELIGIBILITY REQUIREMENTS RELATED TO A CITY COMMISSION
MEMBER'S POST.SERVICE CONTRACT WITH THE CIry OF
MIAMI BEACH AND TO SPECIFY THAT WAIVER REQUESTS OF
SAID POST.SERVICE CONTRACT PROSCRIPTTON SHALL BE
LIMITED TO FORMER CITY COMMISSION MEMBERS AND/OR
SITTING CITY COMMISSION MEMBERS WHO HAVE SUBMITTEDAN IRREVOCABLE LETTER OF RESIGNATION EFFECTIVE
IMMEDIATELY UPON SUCH GRANT OF WAIVER; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
Pursuant to the request of City Commissioner Micky Steinberg, the attached Ordinance
has been prepared for the purpose of amending Miami Beach City Code Section 2-462
entitled: "Prohibiting Members of City Commission from Having Certain Post-Service
Contracts with City". The subject amendments expressly provide that requests for waiver
shall be limited to former members of the City Commission (having left City service within
the proscribed two year period) and/or sitting members of the City Commission who have
508
submitted an irrevocable letter of resignation, effective immediately upon the grant of
waiver.
It should be noted that inasmuch as this measure strengthens the City's ethics laws,
voter approval is not required, and the City Commission has jurisdiction to review and
deliberate thereonl.
t Sec. 1.05. Public Vote Required Prior to Enacting Less Stringent Standards to City's Code of
Conduct: "Any change to the City of Miami Beach code of conduct, set forth in City Code
Chapter 2, Article Vll, whether through exemption, repeal or other wise, which creates less
stringent standards of conduct shall first be approved by a majority vote of the electors of the
City of Miami Beach".
509
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE MIAMI
BEACH CITY CODE ENTITLED "ADMINISTRATION", ARTICLE VII..STANDARDS OF CONDUCT'" DIVISION 2 "OFFICERS, EMPLOYEES AND
AGENCY MEMBERS'" SECTION 2462 THEREOF ENTITLED "PROHIBITING
MEMBERS OF CITY COMMISSION FROM HAVING CERTAIN POST.
SERVICE CONTRACTS WITH CITY" TO CLARIFY ELIGIBILITY
REQUIREMENTS RELATED TO A CITY COMMISSION MEMBER'S POST-
SERVICE CONTRACT WITH THE CITY OF MIAMI BEACH AND TO SPECIFY
THAT WAIVER REQUESTS OF SAID POST.SERVICE CONTRACT
PROSCRIPTION SHALL BE LIMITED TO FORMER CIry COMMISSTON
MEMBERS AND/OR SITTING CITY COMMISSION MEMBERS WHO HAVE
SUBMITTED AN IRREVOCABLE LETTER OF RESIGNATION, EFFECTTVE
IMMEDIATELY UPON SUCH GRANT OF WAIVER; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT DULY ORDA]NED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 2 of the Miami Beach City Code entitled
"Administration", Article Vll "Standards of Conduct", Division 2 "Officers,
Employees and Agency Members", Section 2-462 thereof entitled "Prohibiting
Members of City Commission from Having Certain Post-Service Contracts with
City" is hereby amended as follows:
Sec. 2-462. - Prohibiting Members of City Commission from Having Certain
Post-Service Gontracts with City.
(a) For a period of two years after leaving city service, no member of the city
commission shall be eligible to apply for or to serve as employee, independent
contractor, or agent for the city, or otherwise enter into any contract (other
than for voluntary, noncompensated services) with the city on any matter.
(b) The provisions of this section shall apply to all individuals elected or
appointed/re;elected or re;appointed to serve on the city commission
subsequent to the oriqinal effective date of this section.
(c) The requirements of this section may be waived. for former members of the
citv commission (havinq left city service within the two vear period set forth in
subsection (a) above), and/or sittinq members of the citv commission who
have submitted an irrevocable letter of resiqnation effective immediately upon
the qrant of waiver. bygon a five-sevenths vote of the city commission upon
a finding Sy-+ne+ity-eemmissien that the public interest would be served by
such waiver.
510
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, 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 2014.
ATTEST:
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
\k
511
R7
RESOLUTIONS
512
COMMISSION ITEM SUMMARY
Condensed Title:
ResolutionApproving,FollowingADulyNoticedPublicHearingPursuantToSection163'361(2),FloridaStatutes@iami
Beach City Center/Historic Convention Village Redevelopment And Revitalization Area Plan (City Center RDA), An Approved Redevelopment Plan
Under The Provisions Of Section 163.360, Florida Statutes Ohe Plan); Said Amendments: (A) lncorporating The City's Proposed Convention
Center Renovation And Expansion Project; And (B) Providing For An Extension Of The City Center RDA At A Ninety Five Percent (95%) Tax
lncrement Until The Earlier Of March 31 ,2044, Or The Date Agency lndebtedness ls No Longer Outstanding; Further Approving And Authorizing
The Mayor And City Clerk To Execute A Third Amendment, By And Among Miami-Dade County (County), The City, And ihe Miami Beach
Redvelopment Agency (RDA), To The November 16, 1 993 lnterlocal Cooperation Agreement, As Amended (l-he lnterlocal Agreement), Related To
The City Center RDA And By Which The County Originally Delegated To The City Certain Redevelopment Powers Conferred To The County Under
Part lii, Chapter 163, Florida Statutes (The Community RedevelopmentAgreementAct Of 1969" OrThe "Act");And Which Amendment, Among
Other Terms, Extends The Term Of The City Center RDA As Provided ln The Aforestated Plan Amendment, And Adds An Additional Member To
The Governing Board Of The Agency, Who Shall Be The Miami-Dade County Commissioner Of County Commission District 5, Pursuant To Section
163.357(D) Of The Florida Statutes
rade The Convention Center To Be Smart, Modern, Enerqy Efficient And Which Fits Local Context
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over natt of Uusinesses (SO.Z.)
claimed that the Miami Beach Convention Center added to the success of their business. Six in ten businesses (61%) support improvements of at
least $300 million for the Miami Beach Convention Center.
R,,BLICHEARII.IG
On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-93, which among otner tnings (i) found the area in tu Cty
of Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24lh Street, on the West-by West Avenue, and on the
South by 14th Lane (the "City Center Redevelopment Area" or "Redevelopment Area") to be a "blighted area" within the meaning of part lll of
Chapter 163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida Statutes, certain powers
conferred upon the County Commission as the governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard to the
Redevelopment Area, so that the City Commission, either directly or through its duly designated community redevelopment agency, could exercise
such powers. On February 3, 1993, the City adopted Resolution No. 93-20709, which established a community redevelopment ag-ency (the "Miami
Beach Redevelopment Agency" or the "Agency"), and declared the members of the City Commission as the memberJ of ine Agency.
Subsequently, on February 12,1993, the City adopted Resolution No. 93-20721, which adopted the Agency's City Center/Historic Convention
Village Redevelopment and Revitalization Area plan (the "Plan") for the redevelopment and revitalization of the Redevelopment Area.
County and City Administrations negotiated and conceptually (in pertinent part) agreed to the following items pertaining to the RDA:(i) amend the Plan; and(ii) amend the lnterlocal Agreement to, among other things, extend the life of the Redevelopment Area to March 31 ,2044: and(iiD authorizes the issuance of tax increment revenue bonds in one or more series by the RDA in an amount not to exceed $430,000,000 for
purposes of refunding current outstanding debt, funding eligible community redevelopment project costs, including the Miami Beach
Convention Center (Convention Center) renovation, and any reserves and costs of issuance;(iv) provide for an ongoing adequate operating and maintenance subsidy for the Miami Beach Convention Center, in addition to the existing
$4.5 million per year and annual year-end revenue sharing that the City currently receives from Convention Development Taxes throug6
2048i(v) provide for ongoing funding of City operations in the RDA;(vi) establishes that from FY 2014-15 through FY 2021-22, any funding not used for debt service and operating expenses will go into a fund to
be used for shortfalls and eventually prepayment of debt;(vii) establishes that from FY 2022-23 until FY 2043-44, the County will receive a refund of City Center Agency operating expenses based on
its proportion of revenues contributed to the Trust Fund; and(viii) any remaining funding will be used to extinguish debt early.
The CityCommission, pursuant to Resolution No.2014-28644 adopted on June 27,2014, approved a Memorandum of lntent (the "MOl"),
memorializingthe aforementioned- The County Mayor has committed to promote and recommend the components of the MOl, subjectio final legii
review by the County approval and approval by the Board of County Commissioners. The MOI provides that the conceptual terms and conditions
contained therein, including the preceding terms, are subject to further actions and approvals to be taken, respectively, by the Board, the City
Commission, and the Agency. Accordingly, in furtherance of same, the County, City, and the Agency desire to further amend the lnterlocal
Agreement. TheCityCommission,atitsOctober29,20l4meeting,adoptedamendmentstotheTrultFundOrdinancewhichextendedtheperiod
offundinq ofthe Trust Fund.
Board Recommendation:
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:See above summary.
Max Sklar, Tourism and
n7AWE MIAMIBEACH DATE513
I915.2015
C,JY o+ Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Honorable Mayor Philip Levine an
FRoM: Jimmy L. Morales, City Manager
DATE: November 19,2014
the City Commission
PUBLIC HEARING
SUBJECT: RESOLUTION APPROVING, FOLLOWNG A DULY NOTIGED PUBLIC
HEARTNG PURSUANT TO SECTTON 163.361(2), FLORTDA STATUTES, AN
AMENDMENT TO THE MIAM! BEACH CITY CENTER/HISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA
PLAN (CITY CENTER RDA), AN APPROVED REDEVELOPMENT PLAN
UNDER THE PROVISIONS OF SECTION 163.360, FLORIDA STATUTES
(THE PLAN); SAID AMENDMENTS: (A) INCORPORATING THE CIW,S
PROPOSED CONVENTION CENTER RENOVATION AND EXPANSION
PROJECT; AND (B) PROVIDING FOR AN EXTENSION OF THE Ctry
CENTER RDA AT A NINEW FIVE PERCENT (95%) TAX INCREMENT
UNTIL THE EARLIER OF MARCH 31, 2044, OR THE DATE AGENCY
INDEBTEDNESS IS NO LONGER OUTSTANDING; FURTHER APPROVING
AND AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE A
THTRD AMENDMENT, By AND AMONG MIAM!-DADE COUNTY (COUNry),
THE CtTy, AND THE MtAMt BEACH REDVELOPMENT AGENCY (RDA), TO
THE NOVEMBER 16,
'993
INTERLOCAL COOPERATION AGREEMENT,
AS AMENDED (THE INTERLOCAL AGREEMENT), RELATED TO THE CITY
CENTER RDA AND BY WHICH THE COUNTY ORIGINALLY DELEGATED
TO THE CIry CERTAIN REDEVELOPMENT POWERS CONFERRED TO
THE COUNry UNDER PART II!, CHAPTER 163, FLORIDA STATUTES (THE
GOMMUNITY REDEVELOPMENT AGREEMENT ACT OF 1969" OR THE
"ACT"); AND WHICH AMENDMENT, AMONG OTHER TERMS, EXTENDS
THE TERM OF THE GITY CENTER RDA AS PROVIDED IN THE
AFORESTATED PLAN AMENDMENT, AND ADDS AN ADDITIONAL
MEMBER TO THE GOVERNING BOARD OF THE AGENGY, WHO SHALLBE THE MIAM!.DADE COUNTY COMMISSIONER OF GOUNTY
COMMISSION DISTRICT 5, PURSUANT TO SECTTON 163.357(D) OF THE
FLORIDA STATUTES.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
514
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City Center Redevelopment Plan and lnteflocal Amendment
November 19, 2014
Page 2 of 6
BACKGROUND
On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-
93, which among other things (i) found the area in the City of Miami Beach (the "City")
bounded on the East by the Atlantic Ocean, on the North by 24th Street, on the West by
West Avenue, and on the South by 14th Lane (the "City Center Redevelopment Area" or
"Redevelopment Area") to be a "blighted area" within the meaning of Part lll of Chapter
163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section
163.410, Florida Statutes, certain powers conferred upon the County Commission as the
governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard
to the Redevelopment Area, so that the City Commission, either directly or through its
duly designated community redevelopment agency, could exercise such powers.
On February 3, 1993, the City adopted Resolution No.93-20709, which established a
community redevelopment agency (the "Miami Beach Redevelopment Agency" or the
"Agency"), and declared the members of the City Commission as the members of the
Agency. Subsequently, on February 12, 1993, the City adopted Resolution No. 93-
20721, which adopted the Agency's City Center/Historic Convention Village
Redevelopment and Revitalization Area plan (the "Plan") for the redevelopment and
revitalization of the Redevelopment Area.
On February 24, 1993, the City enacted Ordinance 93-2836, which created a City
Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the
"Fund" or "Trust Fund") and provided a funding mechanism for implementing the Plan.
The County, on March 30, 1993, adopted Resolution No. R-317-93, which among other
things (i) adopted the Plan, and (ii) approved the lnterlocal Cooperation Agreement,
between the County and the City, dated and executed on November 16, 1993 (as
amended, the "CRA lnterlocal Agreement").
The County and the City then approved and entered into the lnterlocal Cooperation
Agreement, executed on November 16, 1993 (as amended by the First Amendment
(defined below) and by the Second Amendment (defined below), the "lnterlocal
Agreement"), by which the County delegated to the City certain redevelopment powers
granted by the Act, including but not limited to the creation of the Redevelopment Area
and implementation of the Plan. The County and the City adopted Resolution No. R-
889-03 and Resolution No. 2003-2537, respectively, approving an amendment to the
Plan to incorporate the development and implementation of community policing
initiatives. The Board, through Resolution No. R-889-03, and the City Commission,
through Resolution No. 2003-25241, also approved an amendment to the lnterlocal
Agreement ("First Amendment") to delegate to the City the power to implement the
community policing initiatives.
The Board, through Resolution No. R-958-05, and the City Commission, through
Resolution No. 2004-25560, also approved a second amendment to the lnterlocal
Agreement ("second Amendment") whereby (i) the county, city, and Agency agreed
that the Agency would remit one and one-half percent (1.5Yo) of the Tax lncrement
Revenue paid to the Agency for said fiscal year to the County to defray administrative
costs for oversight and processing Agency related items, after debt service and all other
obligations related to the bonds or future indebtedness issued by the Agency and
515
City Commission Meeting
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City Center Redevelopment Plan and lnteilocal Amendment
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Page 3 of 6
approved by the County was satisfied for the fiscal year, and (ii) the County approved
the Agency's issuance of refunding bonds in an amount not to exceed a principal
amount of $101,090,000.00 to refinance all or a portion of the outstanding principal
amount of bonds issued with respect to the Redevelopment Area.
Section 163.361, Florida Statutes, provides that the "governing body" of the
Redevelopment Agency may amend the Redevelopment Plan from time to time, upon
recommendation of the Agency.
The 332-acre City Center/Historic Convention Village Redevelopment and Revitalization
Area (City Center RDA) was established in 1993, in order to provide the funding
mechanism to foster the development of new convention hotel development within
proximity of the Miami Beach Convention Center and to establish the necessary linkages
between the City's many core area civic, cultural and entertainment uses in order to
create the fabric of a true urban downtown.
Since its success in attracting two convention-quality hotels, the Redevelopment Agency
has been focusing its efforts on a number of initiatives including enhanced innovative
community policing and upgrading the area's infrastructure, alleviating traffic and parking
congestion and encouraging the production and presentation of arts and cultural
activities in the area. ln 2003, the Redevelopment Agency amended its Redevelopment
Plan for City Center to specifically address these objectives in the context of the New
World Symphony's expansion plans involving the 17th Street surface lots and the
resulting impact to the Convention Center and neighboring businesses in addition to new
or enhanced policing initiatives in the area.
County and City Administrations negotiated and conceptually (in pertinent part) agreed
to the following items pertaining to the RDA:(i) amend the Plan; and(ii) amend the lnterlocal Agreement to, among other things, extend
the life of the Redevelopment Area to March 31,2044', and(iii) authorize the issuance of tax increment revenue bonds in one or
more series by the RDA in an amount not to exceed 9430,000,000
for purposes of refunding current outstanding debt, funding eligible
community redevelopment project costs, including the Miami
Beach Convention Center (Convention Center) renovation, and
any reserves and costs of issuance;(iv) provide for an ongoing adequate operating and maintenance
subsidy for the Miami Beach Convention Center, in addition to the
existing $4.5 million per year and annual year-end revenue
sharing that the City currently receives from Convention
Development Taxes through 2048;
(vii)
(viii)
provide for ongoing funding of City operations in the RDA;
establish that from FY 2014-15 through FY 2021-22, any funding
not used for debt service and operating expenses will go into a
fund to be used for shortfalls and eventually prepayment of debt;
establish that from FY 2022-23 until FY 2043-44, the County will
receive a refund of City Center Agency operating expenses based
on its proportion of revenues contributed to the Trust Fund; and
provide that any remaining funding will be used to extinguish debt
early.
(v)
(vi)
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City Commission Meeting
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Page 4 of 6
The City Commission, pursuant to Resolution No. 2014-28644 adopted on June 27,
2014, approved a Memorandum of lntent (the "MOl"), memorializing the foregoing, the
terms of which were endorsed by the County Mayor, subject to final legal review by the
County and approval by the Board of County Commissioners.
The MOI provides that the conceptual terms and conditions contained therein, including
the preceding terms, are subject to further actions and approvals to be taken,
respectively, by the Board, the City Commission, and the Agency. Accordingly, in
furtherance of same, the County, City, and the Agency desire to further amend the
lnterlocal Agreement.
The City and the Agency have prepared an amendment to the Plan (the "Plan
Amendment"), to incorporate (1) the Miami Beach Convention Center Renovation and
Expansion Project, including all necessary improvements to and expansion of the
Convention Center and surrounding area (the "Project"); (2) the financing of the Project,
including the funding of operating and maintenance costs thereof; and (3) extend the
time certain for completing all redevelopment projects financed by increment revenues
and retiring all outstanding indebtedness to a date no later than March 31, 2044.
The Redevelopment Agency's objective over the next five years shall focus on the
planning and implementation of capital projects associated with, but not limited to the
Master Plan for the expansion of the Convention Center, upgrading streetscapes and
related infrastructure throughout City Center and parking facilities, The RDA shall also
continue to fund public service enhancements provided for under the Community
Policing Program as well as ensure the on-going maintenance of capital assets funded
with TlF. A majority of the capital enhancements set forth in the Redevelopment Plan
and the 2003 Amendment, have been completed and/or are currently underway,
including the City Center Right-of-Way improvements, the City Hall Expansion Garage,
the Collins Park improvements and the development of the 17th Street surface lots into
the New World Campus.
Redevel o pment Agen cy (RDA) I nterl ocal Agreement
Subsequently, the City and County administrations have negotiated the terms of a third
amendment to the City Center RDA (the Third Amendment), which will extend the life of
the from FY 2022-23 to FY 2043144 at the 95 percent (95%) tax increment funding level.
This allows the CRA to fund, through the issuance of CRA bonds, the additional funding
needed for construction costs of the new and expanded Convention Center and to fund
$36 million of previously approved City Center RDA capital projects, provide increased
operating and maintenance expenses for the Convention Center, as well as City Center
RDA administrative costs, community policing, and capital project maintenance within
the RDA. However, after FY 2022123, when the existing RDA would have expired, City
returns a pro-rata share of administrative costs, community policing, and capital project
maintenance to the County.
The $36 million of previously planned City Center projects include $20 million
programmed in the City's adopted Capital lmprovement Plan for the Lincoln Road
lmprovement from Washington Avenue to Lenox Avenue, which will be based on the
Lincoln Road Master Plan currently undenruay, $3.25 million programmed for the second
517
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November 19, 2014
Page 5 of 6
half of the funding for the Bass Museum lnterior Expansion Project, and $12 million
programmed for lmprovements to 17th Street and Connectors to Lincoln Road. These
are all projects in the City's adopted Capital lmprovement Plan, which are not part of the
Convention Center Project.
The issuance of City Center RDA Bonds will be done through a public offering of debt.
The marketplace will dictate the debt service coverage and debt service reserve
requirements for those bonds (for a total estimated bond issuance of approximately $430
million, including refunding of approximately $70 million of existing bonds, which will
have a direct impact on how long those bonds will be outstanding. Since the expansion
of the City Center RDA is only for the purposes of providing funding for the Convention
Center expansion, providing funding for previously approved City Center projects, and
providing an adequate additional operating and maintenance subsidy for the facility, both
the County and City administrations agree to recommend that the CRA would not need
to seek prior approval of each year's budget from the Board of County Commissioners
before borrowing money, advancing funds or incurring indebtedness. However, County
and City administrations agree that representation by one County Commissioner on the
RDA Board would be appropriate. Accordingly, the Third Amendment also includes a
provision which allows the Board of County Commissioners the right, in its sole and
absolute discretion, to appoint a member of the Agency, who shall be the Commissioner
of County Commission District 5, and such Commissioner shall be vested with the same
rights, duties and obligations as any other Agency commissioner.
Pursuant to an existing Convention Development Tax (CDT) lnterlocal agreement, the
City currently receives a flat $4.5 million per year from Convention Development Taxes
to operate and maintain the Convention Center, plus an annual year-end revenue share
based on CDT exceeding collection amounts that increase each year. The Third
Amendment will allow for an additional annual operating and maintenance subsidy
starting at $1 million in 2017 and growing to $4 million by 2021, which will then escalate
at 4 percent or Consumer Price lndex (CPl) annually (whichever is less) starting in 2026
over the life of the Convention Center, funded either through RDA funds or through
Convention Development Taxes, depending on the availability of the latter. That funding
will remain in place until 2048.
Finally, once the currently existing debt is refinanced, the Third Amendment exempts the
Children's Trust, an independent taxing district, with respect to the pledging of annual
tax increment revenues attributable to The Children's Trust, to conform with the general
exemption provided to The Children's Trust in Section 2-1742 of the Miami-Dade County
Code.
Redevelopment Agency (RDA) Plan Amendment
The attached Resolution also amends the City Center/Historic Convention Village
Redevelopment Plan to include the renovation and expansion of the Convention Center
and related operating and maintenance, upgrading streetscapes and related
infrastructure throughout City Center and associated parking facilities. The Third
Amendment also extends the life of the district from FY 2022123 to March 31,2044. The
Third Amendment also replaces page 42 of the 2002 Plan Amendment to address the
Convention Center renovation and expansion. The plan amendments are attached for
your review as Exhibit "A."
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The City Commission, at its October 29, 2014 meeting, adopted amendments to the
Trust Fund Ordinance which extended the period of funding of the Trust Fund.
Convention Development Tax (CDT) lnterlocal Agreement
An amendment to the Convention Development Tax (CDT) lnterlocal Agreement
consistent with the terms of the negotiated MOI is a separate item on this agenda.
CONCLUSION
As such, the Administration recommends adopting the Amendment to the City Center
Redevelopment Plan and lnterlocal Agreement.
JLM/KGB/MS
Attachment
T:\AGENDA\2014\October\October 29\TCED\City Center RDA Plan and lnterlocal Amendment Commission memo.doc
519
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, FOLLOWING A
DULY NOTICED PUBLIC HEARING PURSUANT TO SECTION
163.361(2), FLORTDA STATUTES, AMENDMENTS TO THE MIAMI
BEACH CITY CENTER/HISTORIG CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA (CITY GENTER
RDA) PLAN, AN APPROVED REDEVELOPMENT PLAN UNDER THEpRovtsloNs oF sEciloN 163.360, FLORTDA STATUTES (THE
PLAN); SAID AMENDMENTS: (A) INCORPORATING THE CITY'S
PROPOSED CONVENTION CENTER RENOVATION AND EXPANSION
PROJECT; AND (B) PROVIDING FOR AN EXTENSION OF THE CITY
CENTER RDA AT A NINETY FIVE PERCENT (95%) TAX TNCREMENT
UNTIL THE EARLIER OF MARCH 31,2044, OR THE DATE AGENGY
INDEBTEDNESS IS NO LONGER OUTSTANDING; FURTHER
APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A THIRD AMENDMENT, BY AND AMONG MIAM!-DADEcouNw (couNw), THE clTy, AND THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), TO THE NOVEMBER 16, 1993
TNTERLOCAL COOPERATTON AGREEMENT, AS AMENDED (THE
INTERLOCAL AGREEMENT), RELATED TO THE CITY CENTER RDA
AND BY WHICH THE COUNTY ORIGINALLY DELEGATED TO THE
CITY CERTAIN REDEVELOPMENT POWERS CONFERRED TO THE
couNw UNDER PART l!!, CHAPTER 163, FLORTDA STATUTES (THE
COMMUNITY REDEVELOPMENT AGREEMENT ACT OF 1969 OR THE
ACT); AND WHICH AMENDMENT, AMONG OTHER TERMS, EXTENDS
THE TERM OF THE CITY CENTER RDA, AS PROVIDED IN THE
AFORESTATED PLAN AMENDMENT, AND ADDS AN ADDITIONAL
MEMBER TO THE GOVERNING BOARD OF THE AGENCY, WHO
SHALL BE THE MIAM!.DADE COUNTY COMMISSIONER OF COUNTY
coMMtsstoN DlsTRtcT 5, PURSUANT TO SECTTON 163.357(d) OF
THE FLORIDA STATUTES.
WHEREAS, the City of Miami Beach, Florida ("City") adopted Resolution No. 93-
20721 on February 12, 1993, and Miami-Dade County (the "County") adopted Resolution No.
R-317-93 on March 30, 1993, approving the City Center/Historic Convention Village
Redevelopment and Revitalization Plan (the "Plan") for the project area commonly called "City
Center/Historic Convention Village Redevelopment and Revitilization Area" (the "City Center
RDA" or the "Redevelopment Area"); and
WHEREAS, the City enacted Ordinance No. 93-2836 on February 24, 1993, and the
County enacted Ordinance No. 93-28 on April 27, 1993, creating a trust fund ("Fund") to fund
improvements in the Redevelopment Area; and
WHEREAS, the County and the City also approved and entered into an lnterlocal
Cooperation Agreement ("lnterlocal Agreement"), executed on November 16, 1993, by which
the County delegated to the City certain redevelopment powers granted by Part lll of Chapter
163, Florida Statutes including, but not limited to, the implementation of the Plan; and
520
WHEREAS, the Mayor and the City Commission adopted Resolution No. 2014-28644
on June 27, 2014, approving a proposed Memorandum of lntent ("MOl"), the terms of which
were also endorsed by the County Mayor; and
WHEREAS, subject to approval of final agreements by the City Commission and the
Miami-Dade County Board of County Commissioners, the terms of the MOI memorialized the
City and County's commitment to amend the Plan; amend the lnterlocal Agreement to, among
other things, permit the Miami Beach Redevelopment Agency (the "Agency" or "RDA") to issue
bonds and extend the life of the City Center RDA; and to provide for an ongoing adequate
operating and maintenance subsidy for the Miami Beach Convention Center, in addition to the
existing $4.5 million per year that the City currently receives from Convention Development
Taxes; and
WHEREAS, the Agency recommends the proposed Plan amendment, attached and
incorporated as Exhibit "A" hereto, to (1) incorporate the Miami Beach Convention Center
Renovation and Expansion Project (the "Project"); (2) incorporate the financing of the Project,
including the funding of operating and maintenance costs therefor; and (3) extend the time
certain for completing all redevelopment projects financed by increment revenues until the
earlier of March 31,2044 or the date Agency indebtedness is no longer outstanding; and
WHEREAS, the Agency finds that with respect to the Plan amendments:
(i) a feasible method continues to exist for the location of families who will be displaced
from the Redevelopment Area in decent, safe, and sanitary dwelling accommodations
within their means and without undue hardship to such families, as the amendments do
not contemplate displacement of residents;
(ii) the Plan continues to conform to the general plan of the County and the City as a whole;
(iii) the Plan continues to give due consideration to the utilization of community policing
innovations, and to the provision of adequate park and recreational areas and facilities
that may be desirable for neighborhood improvement, with special consideration for the
health, safety, and welfare of children residing in the general vicinity of the site covered
by the Plan;
(iv) the Plan will continue to afford maximum opportunity, consistent with the sound needs of
the City as a whole, for the rehabilitation or redevelopment of the community
redevelopment area by private enterprise; and
WHEREAS, the Agency further recommends the execution of the Third Amendment to
the lnterlocal Agreement, attached and incorporated as Exhibit "B" hereto, to, in pertinent part:
(i) authorize the Agency to issue bonds and incur debt, in an aggregate principal
amount not to exceed 9430,000,000.00, secured by tax increment revenues of the
Agency to, among other purposes, fund a portion of the Project;
(ii) extend the time certain for completing all redevelopment projects financed by
increment revenues until the earlier of March 31, 2044 or the date Agency
indebtedness is no longer outstanding;
(iii) provide an exemption for The Children's Trust, an independent special taxing district,
from the requirements of Section 163.387(2)(a) of the Florida Statutes, with respect
521
to the pledging of annual tax increment revenues attributable to The Children's Trust,
commencing on the earlier of (i) the date the Agency's bonds outstanding as of
November 1,2014 are no longer outstanding, or (ii) March 31, 2023;
(iv) add an additional member to the governing board of the RDA, who shall be the
Miami-Dade County Commissioner of County Commission District 5, pursuant to
Section 163.357(d) of the Florida Statutes, and who shall be vested with the same
rights, duties and obligations as any other Agency commissioner; and
WHEREAS, upon approval by the Agency and the City, respectively, the Plan
amendment and the Third Amendment to the lnterlocal Agreement will be transmitted to the
County, for consideration and approval by the Board of County Commissioners.
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 approve the
amendments to the Miami Beach City Center/Historic Convention Village Redevelopment and
Revitalization Area (City Center RDA) Plan, an approved Redevelopment Plan under the
provisions of Section 163.360, Florida Statutes (the Plan); said amendments, attached and
incorporated as Exhibit "A" hereto: (a) incorporating the City's proposed Convention Center
Renovation And Expansion Project; and (b) providing for an extension of the City Center RDA at
a ninety five percent (95%) tax increment until the earlier of March 31, 2044, or the date Agency
indebtedness is no longer outstanding; further approve and authorize the Mayor and City Clerk
to execute a Third Amendment, by and among Miami-Dade County (County), the City, and the
Miami Beach Redevelopment Agency (RDA), to the November 16, 1993 lnterlocal Cooperation
Agreement, as amended (the lnterlocal Agreement), said Third Amendment attached and
incorporated as Exhibit "8" to this Resolution.
PASSED and ADOPTED this
ATTEST:
day of ,2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2O 1 4\July\TCE D\RDA Plan and I nterlocal Amendment Reso.doc
APPROVED AS TO
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522
EXHIBIT "A'
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.\s pLrblic improvernents spur additional private inr.estrnent. increments w.ill
glor,l, allow irlg honds to be issued in an amount uecessarv to tund the
$As+)-i i I millionfr-e*+rrr.lr.+i+lltiti+i.tla]+e+e. To raise the qii=i+-rl L million
in honcls r,-ill require a comtnitrnent of appro\itnately 5+6 ]i rnillion annuallv
in tar incremeuts r,intil il'rc elilir.r' or' \l:tlclr -l 1. l{).1-1. or thc tirrLr. \.Jer1rr
lntl,_:ll5rines-; i!flu lOn{1-l! rll!t,;til,i_r1!lg.i}.,er..}+tl-+ea+pe++ed. The ,\gericy ri.itl
prepare arld ndopt a resolutiou aLrthorizing the issu;rnce of bonds antl tle fluirrg
their telms. Sr-ich a resolution rnust be atloltted prior to the sale of the bcrntls.
The bonds shall be mLuketerl in accorclance riith statLrtolr reLlriirernenrs.
The ,\gencv ma,r issr.re Rerlerelopment Revenue Boncls for. the tbllorvirrg
pLlrposes:
To pay, fbr site itnprolements, project irnpror,'ernents antl supporting
tacilities constructe(l at tlle Agency.'s expense and to pa!.tbr all other
experrr-litr"rres rnacle hy the Agency tbr or in connection *,ith the
proj ect.
\\'ith the consent of the.rpplicable governing botly. to pav all or par-t of
the value ol land and the cost of the installirtion and construction of
auy building. tbcility. structure. or other impror,ernenr which is
publicly orlued either ''vithin or rvithr-rut the project arelr to the e\tent
that such buildings. lacilities. structures. or other intproi.ements are ol
benefit to the projcct area.
Reimbursement to the Cit,"" ol \liami Beach for monies erpentled
advanced.
d. For any other purposes pennittecl h-v' larv and authorized b1. the
Agency.
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,\n."- hond, note or other tbnr ol indebtedness pledqing increment rer.enlle
shall mature rro later than the rnarimurn period allorved by applicable lar.r.
Dr-Lration of Projects
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Exhibit "8"
Third Amendment to
November 16, 1993 lnterlocal Cooperation Agreement
525
THIRD
THE INTERLOCAL
AMENDMENT TO
COOPERATION AGREEMENT
This Third Amendment to the Interlocal Agreement ("Third Amendment"), made this
day of , 2074 ("Effective Date"), by and among Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as the "County"),
the City of Miami Beach, a municipal corporation under the laws of the State of Florida
(hereinafter referred to as the "City"), and the Miami Beach Redevelopment Agency, a public
agency and body corporate created pursuant to Section 163.356, Florida Statutes (hereinafter
referred to as the "Agency'').
IVHEREAS, the Miami-Dade County Board of County Commissioners (the "Board")
adopted Resolution No. R-317-93 on March 30, 1993, approving, among other things, the City
Center/Historic Convention Village Redevelopment and Revitalization Plan (the "Plan") and
delegated certain powers conferred on the Board by Part III, Chapter 163, Florida Statutes (the
"Act"), to implement the Plan to the Mayor and City Commission of the City of Miami Beach
(the "City Commission"), all for the project area commonly called "City Center/Historic
Convention Village Redevelopment and Revitalization Area" (such Area previously referred to
in the Interlocal Agreement described below, as the "Project" and herein referred to as the
"Redevelopment Area"); and
WHEREAS, the Board also enacted Ordinance No. 93-28 on April 27,1993, which
among other things, established a trust fund ("Fund" or "Trust Fund") to fund improvements in
the Redevelopment Area; and
WHEREAS, the County and the City also approved and entered into the lnterlocal
Cooperation Agreement, executed on November 16,1993 (as amended by the First Amendment
4299801/2/MrAMr 526
(defined below) and by the Second Amendment (defined below), the "Interlocal Agreement"), by
which the County delegated to the City certain redevelopment powers granted by the Act,
including but not limited to the creation of the Redevelopment Area and implementation of the
Plan; and
WHEREAS, the County and the City adopted Resolution No. R-889-03 and Resolution
No. 2003-2537, respectively, approving an amendment to the Plan to incorporate the
development and implementation of community policing initiatives; and
\,VHEREAS, the Board, through Resolution No. R-889-03, and the City Commission,
through Resolution No.2003-25241, also approved an amendment to the Interlocal Agreement
("First Amendment") to delegate to the City the power to implement the community policing
initiatives; and
\YHEREAS, the Board, through Resolution No. R-958-05, and the City Commission,
through Resolution No. 2004-25560, also approved a second amendment to the Interlocal
Agreement ("Second Amendment") whereby (i) the County, City, and Agency agreed that the
Agency would remit one and one-half percent (1.5%) of the Tax Increment Revenue paid to the
Agency for said fiscal year to the County to defray administrative costs for oversight and
processing Agency related items, after debt service and all other obligations related to the bonds
or future indebtedness issued by the Agency and approved by the County was satisfied for the
fiscal year, and (ii) the County approved the Agency's issuance of refunding bonds in an amount
not to exceed a principal amount of $101,090,000.00 to refinance all or a portion of the
outstanding principal amount of bonds issued with respect to the Redevelopment Area; and
WIIEREAS, the County, City and Agency also desire to amend the Convention
Development Tax ("CDT") Interlocal Agreement from 1996, as amended (the "1996 CDT
527
Interlocal Agreement") to, among other things, allor,v for the use of CDT revenues to pay for the
operations and maintenance and debt service for the Convention Center Project (as such project
is hereinafter defined); and
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants recorded herein, the County, the City and the Agency agree as follows:
A.The recitations set forth above are true and correct and adopted as part of this
Third Amendment.
B. Paragraph III "City Responsibilities," subparagraph C, "Project Financing," sub-
subparagraph 3, of the Interlocal Agreement is hereby amended to read as follows:
3. The City shall prepare and submit for County approval at the beginning of
each County fiscal year the Project budget in a format approved by the County.
The Board waives Section 3 of County Resolution No. R-871-tt requiring the
Agency to submit timely budgets for approval by the Board prior to the Agency
borrowing money, advancing funds or incurring indebtedness proposed to be
repaid from or secured by the Agency's Tax Increment Revenues.
C. Paragraph III "City Responsibilities", subparagraph C, "Project Financing," of the
Interlocal Agreement is hereby amended to add the following sub-subparagraphs 6, 7 and 8,
respectively:
6. The Board has approved and authorized pursuant to
Resolution No. _, adopted on _, the issuance
by the Agency of bonds pledging Tax Increment Revenue from
time to time, in an aggregate principal amount not to exceed $430
million, and maturing not later than March 31, 2044, in one or
more series (without regard to the year(s) of issuance, the "2015
Bonds"), which will provide funds for the following purposes only:
a. the amount necessary to refund the outstanding Tax
Increment Revenue Bonds, Taxable Series 19984, Taxable Series
2005A and Series 2005B (collectively, the "Outstanding Bonds");
b. approximately $275 million to fund a portion of the
design, development and construction of the Convention Center
528
project, (which project is currently estimated to cost a total of 5582
million and is more fully described in Exhibit "A', attached hereto
and incorporated herein by this reference (the "Convention Center
Project");
c. approximately $36 million for the ancillary
Redevelopment Area capital projects, which are more fully
described in Exhibit "8," attached hereto and incorporated herein
by this reference; and
d. All costs of issuance and debt service reseryes
associated with the 2015 Bonds.
7. The parties agree that any Tax Increment Revenue shall be
used in accordance with this Agreement. Any Tax Increment
Revenue not used in accordance with this Agreement shall be
refunded by the Agency to the taxing authorities in the same
percentage as it was contributed, but solely from available Tax
Increment Revenues after satisfying all obligations on, or related
to, Agency Indebtedness (as hereinafter defined).
8. In addition to the 2015 Bonds, the City also plans to issue
City of Miami Beach Resort Tax Revenue Bonds and Parking
Revenue Bonds to complete the financing required for the
Convention Center Project.
D.Paragraph V, "Board Approval," of the Interlocal Agreement is hereby amended
to read as follows:
Any approval required by the Board as to the annual budget,
amendments to the Plan, or amount, duration and purpose of
bonds, notes or other indebtedness for the Redevelopment Area
shall not be unreasonably withheld, conditioned, or delayed, or
adversely affect any matters previously approved either in a
previous annual budget or pursuant to any previously approved
bond, note or other form of indebtedness pledging or obligating
Tax Increment Revenues.
E. The Interlocal Agreement is amended to add the following Paragraph:
529
F.
VII. Extension of Taxing Authorities' Payments.
Except as specifically set forth herein, the obligation of each taxing
authority to deposit into the Trust Fund pursuant to the Act solely
for the uses authorized in the Amended Plan and this Interlocal
Agreement is extended until the earlier of March 31,2044, or the
date Agency Indebtedness (as defined below) is no longer
outstanding.
The Interlocal Agreement is amended to add the following Paragraph:
x.Tax Increment District Extension
The City and Agency represent that as of the Effective Date the
only indebtedness pledging Tax Increment Revenues that remains
outstanding are the Outstanding Bonds. The City and the Agency
covenant and agree that the City or Agency, as the case may be,
shall not issue any additional indebtedness, other than the 2015
Bonds, pledging Tax Increment Revenue unless and until such
indebtedness has been authorized by the Board. The Outstanding
Bonds, the 2015 Bonds and any additional indebtedness pledging
Tax Increment Revenues authorized by the Board are collectively
referred to in this Agreement and defined as the "Agency
Indebtedness." The Agency, within ten (10) days after the
maturity and payment or defeasance of all Agency Indebtedness,
shall give written notice to the taxing authorities that all Agency
Indebtedness has been defeased or has matured and been paid (the
"Defeasance Notice"). The terms "defeasance" or "defeased," as
used in this Agreement with respect to Agency Indebtedness, shall
mean the legal release of the lien on the Tax lncrement Revenues
through the establishment of an irrevocable escrow in an amount
sufficient to pay, when due, the Agency Indebtedness being
refunded. The City, Agency and the County agree that the taxing
authorities' obligation to contribute to the Fund will cease as of the
date of the Defeasance Notice. The Agency shall distribute all
revenues remaining in the Fund at that time only as provided and
in the order of priority set forth in Paragraph XII of this [nterlocal
Agreement to the extent any of the required distributions set forth
in such section remain unpaid for such fiscal year, with any
revenues that remain after payment of all such amounts to be
distributed to each taxing authority in the proportion that the
amount of contribution by such taxing authority bears to the total
amount contributed by all taxing authorities for that fiscal year.
The Agency shall remit such revenues to the taxing authorities no
later than thirty (30) days from the date of the Defeasance Notice.
The parties agree that upon final distribution of all revenues in the
Fund, the Redevelopment Area and tax increment district shall be
530
G.
deemed terminated and the Agency will sunset and cease to exist
as ofsuch date.
The Interlocal Agreement is amended to add the following Paragraph:
X. Miami-Dade County or Other Taxing Authority
Representation
As required in Section I of County Resolution No. R-1382-09 and
Section 2 of County Resolution R-871-11, and as provided in
Section 163.357(1)(d) of the Florida Statutes, the Board shall have
the right, in its sole and absolute discretion, to appoint a member of
the Agency, who shall be the Commissioner of County
Commission District 5, and such Commissioner shall be vested
with the same rights, duties and obligations as any other Agency
commissioner. Said membership on the Agency's board of
commissioners shall be considered an additional duty of office as
prescribed by Section 163.357(l)(d) of the Florida Statutes.
Such appointment by the Board shall be immediate and will
become part of the Agency's board of commissioners without
further action from the Agency required.
The Interlocal Agreement is amended to add the following Paragraph:H.
531
I.
XI. The Children's Trust Exemption
The County, the City and the Agency agree that pursuant to
Section 2-1742 of the Code of Miami-Dade County, The
Children's Trust, an independent special taxing district, shall be
exempt from the provisions of Section 163.387(2)(a) of the Florida
Statutes, commencing the earlier of March 31, 2023, or the date
that the Outstanding Bonds are defeased or mature and are paid. If
required, the parties fuither agree to negotiate and execute an
amended interlocal agreement with The Children's Trust to codify
the terms and condition of such exemption.
Annual Tax Increment Revenues attributable to The Children's
Trust shall not be pledged by the Agency toward the repayment of
the 2015 Bonds or any new indebtedness pledging Tax Increment
Revenues approved by the Board. Until such time as The
Children's Trust is exempt from the provisions of
Sectionl63 .387(2)(a) of the Florida Statutes, the provisions of the
Interlocal Agreement among the City, Agency and County as
adopted by the Board on July 27,2004 (Resolution No. R-973-04),
as fully described in Exhibit C, apply to the distribution of the Tax
Increment Revenues attributable to The Children's Trust.
The Interlocal Agreement is amended to add the following Paragraph
XII. Distribution of Trust Fund Revenues
All Tax Increment Revenues shall be deposited in the Trust Fund
as required by law, and the parties agree that all funds in the Fund
shall be distributed annually, only as provided and in the order of
priority as set forth below:
A. Beginning Fiscal Year 2074-15, to pay the first $500,000 in
current expenses and debt service, reserve deposits and
other costs and obligations associated with the Outstanding
Bonds until such time as the Outstanding Bonds have been
refunded or are no longer outstanding.
B. Beginning Fiscal Year 2014-15, to remit to The Children's
Trust the legally available portion of Tax Increment
Revenues attributable to The Children's Trust until
exemption, or until such time as the Outstanding Bonds
have been refunded or are no longer outstanding.
C. Beginning Fiscal Year 2014-15, to pay debt service, reserve
deposits and other costs and obligations associated with the 2015 Bonds
and any other Agency Indebtedness.
532
D.In addition to the annual funding that the City currently
receives from Convention Development Taxes, pursuant to
Section II.A.I of the 1996 CDT Interlocal Agreement,
beginning in FY 2017-18, and ending the earlier of the
termination or expiration of the taxing authorities'
obligation to appropriate Tax Increment Revenues to the
Fund, or the date that the Convention Center is no longer in
operation as a publicly owned convention center, the
Agency shall remit to the City a Convention Center
operating and maintenance subsidy in the annual amounts
for such years set forth below. For FY 2017-18, the amount
of the annual subsidy is equal to $1 million. This amount
will increase by $750,000 each fiscal year thereafter until it
equals $4 million in FY 2021-22. For FY 2022-23, through
and including FY 2024-25, the annual subsidy will remain
equal to $4 million. Beginning FY 2025-26, and ending the
earlier of the termination or expiration of the taxing
authorities' obligation to appropriate the Tax Increment
Revenues to the Fund or the date that the Convention
Center is no longer in operation as a publicly owned
convention center, the annual subsidy shall equal the prior
fiscal year's annual subsidy adjusted by the lesser of the
Miami Urban Area CPI to be calculated using the Miami
Fort Lauderdale All Urban Consumers CPI from July to
June for the prior year or 4 percent annually. The City and
the Agency agree that such funds shall only be used to fund
operating and maintenance costs of the Convention Center.
Notwithstanding and prevailing over any provision to the
contrary herein, if the County grants CDT funds to the
Agency or the City pursuant to Section II.A.3 of the CDT
Interlocal for the purpose of funding Convention Center
operating and maintenance costs such amount referred to as
(the "CDT Grant"), the arurual subsidy payment to be
funded with increment revenues pursuant to the prior
paragraph shall be reduced by an amount equal to the CDT
Grant.
Beginning FY 2023-24, and until the earlier of March 31,
2044, or the termination or expiration of the taxing
authorities' obligation to appropriate the Tax Increment
Revenues to the Fund, the Agency agrees to grant to the
County an amount equal to the County's proportionate
share of the total payments expended by the Agency in the
prior fiscal year for Administration, Community Policing,
E.
533
F.
and Capital Project Maintenance (defined below). Such
grant shall be paid to the County by March 3l of each year
and shall be based on the previous year's expenses for
Adrninistration, Community Policing, and Capital Project
Maintenance. The amount granted annually shall be
calculated as follows:
The County's share of total Tax Increment Revenues
deposited into the Trust Fund for that particular year
divided by the total Tax Increment Revenues collected
from all taxing authorities and deposited in the Trust Fund
for that particular year, multiplied by the amount of
expenses paid by the Agency in the previous fiscal year for
Administration, Community Policing and Capital Project
Maintenance.
Beginning in FY 2014-15, and ending on the earlier of
termination or expiration of the taxing authorities'
obligation to appropriate Tax Increment Revenue to the
Fund, Tax Increment Revenues shall fund the Agency's
expenses for Administration, Community Policing, and
Capital Project Maintenance, defined to include only those
categories listed in the Agency's FY 2013-14 adopted
budget approved by the Board pursuant to County
Resolution No. R-5l2-14, a copy of which is attached
hereto as Exhibit D and is incorporated herein by this
reference. For fiscal year 2014-15, the use of Tax
Increment Revenues for such expenses shall not exceed
Sll.721 million which has been adjusted for CPI as defined
below, of which $11.251 Million is the aggregate amount
budgeted for these items, as referenced in Exhibit D plus an
additional $200,000 for Capital Project Maintenance
(which shall not be used for maintenance of the
Pennsylvania Avenue Shops and Garage). Beginning fiscal
year 2015-16, the use of Tax lncrement Revenues to fund
the Agency's expenses for Administration, Community
Policing, and Capital Project Maintenance shall not exceed
the prior fiscal year's distribution for such expenses of
$Il.72l million, adjusted by the lesser of the Miami Urban
Area CPI or 3 percent annually to be calculated using the
Miami Fort Lauderdale All Urban Consumers CPI from
July to June for the prior year. Additionally the Agency
will pay the County an administrative fee based on 1.5
percent of the County's Tax lncrement Revenue
contribution in that year. The Agency will also pay the City
534
G.
H.
1.5 percent of the City's Tax Increment Revenue
contribution in that year.
In FY 2014-15 and FY 2015-16, respectively the Agency
will reimburse the City for the Bass Museum and Lincoln
Road prior project costs of $1,288,032.62 in FY 2014-15,
and Sl ,286,464.26 in FY 2015-16.
Beginning FY 2014-15 and ending on the earlier of March
31, 2023, or the termination or expiration of the taxing
authorities' obligation to appropriate Tax Increment
Revenue to the Trust Fund, the Agency shall, within ninety
(90) days from the conclusion of each fiscal year, deposit
any unencumbered amounts on deposit in the Trust Fund
and all available revenues remaining after distribution of
Tax Increment Revenues in the order, priority and amounts
set forth in Sections A through G above, into a fund to be
used for the purposes of financing any shortfalls associated
with the pa5rment of the expenses as listed in Section F
above. Such deposits to such fund shall only be made if it
will not negatively affect the exclusion from gross income,
for federal income tax purposes, of interest on any tax-
exempt Agency Indebtedness. All other remaining
revenues will be used to extinguish Agency Indebtedness
early, but not prior to FY 2023-24, to the extent such
Agency Indebtedness is subject to prepayment or
redemption prior to maturity at such time or, if such
Agency Indebtedness is not then subject to prepayment or
redemption prior to maturity, to establish an escrow for the
prepayment or redemption prior to maturity of such Agency
Indebtedness at such time as the Agency Indebtedness is
subject to prepayment or redemption prior to maturity;
provided, however, that such escrow shall only be
established if it will not negatively affect the exclusion
from gross income, for federal tax purposes, of interest on
any such tax-exempt Agency Indebtedness. The City and
the Agency agree not to issue Capital Appreciation Bonds
or similar debt that does not pay interest on a current basis.
The City and the Agency also agree that any Agency
Indebtedness pledging Tax lncrement Revenues issued for
the purposes set forth herein shall include a call provision
allowing such Agency Indebtedness to be called no later
10
535
than ten (10) years after initial issuance. If the Agency
Indebtedness is not subject to repayment or redemption
prior to maturity, and an escrow cannot be established, then
the Agency shall distribute annually any revenues
remaining on deposit in the Fund after distribution as set
forth in Sections A through G above, to the taxing
authorities in the proportionate manner as it was deposited.
Beginning FY 2023-24, and ending on the earlier of March
31, 2044, or the termination or expiration of the taxing
authorities' obligation to appropriate Tax Increment
Revenues to the Fund, the Agency shall, within ninety (90)
days from the conclusion of each fiscal year, use any
unencumbered amounts on deposit in the Trust Fund and
all available revenues remaining after distribution of Tax
Increment Revenues in the order, priority and amounts set
forth in Sections A through G above to extinguish Agency
Indebtedness early, to the extent such Agency Indebtedness
is subject to prepayment or redemption prior to maturity at
such time or, if such Agency Indebtedness is not then
subject to prepayment or redemption prior to maturity, to
establish an escrow for the prepayment or redemption prior
to rnaturity of such Agency Indebtedness, at such time as
the Agency Indebtedness is subject to prepayment or
redemption prior to maturity; provided, however, that such
escrow shall only be established if it will not negatively
affect the exclusion from gross income, for federal tax
purposes, of interest on any such tax-exempt Agency
Indebtedness. The City and the Agency agree not to issue
Capital Appreciation Bonds or similar debt that does not
pay interest on a current basis. The City and the Agency
also agree that any Agency Indebtedness pledging Tax
Increment Revenues issued for the purposes set forth herein
shall include a call provision allowing such Agency
Indebtedness to be called no later than ten ( l0) years after
initial issuance. If the Agency Indebtedness is not subject
to prepayment or redemption prior to maturity, and an
escrow cannot be established, then the Agency shall
distribute annually any Tax Increment Revenues remaining
on deposit in the Fund after distribution as set forth in
ll
536
Sections A through G above to the taxing authorities in
proportionate manner as it was deposited.
J.The Interlocal Agreement is amended to add the following Paragraphs:
xIv.Inspector General Review
A. Independent Private Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the County has the
right to retain the services of an Independent Private Sector Inspector General
(hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon
written notice from the County, the Agency shall make available to the IPSIG
retained by the County, all requested records and documentation pertaining to this
Third Amendment for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG services, and under no circumstance
shall the Agency incur any charges relating to these IPSIG services. The terms of
this provision herein, apply to the Agency, its officers, agents, employees,
Subcontractors and assignees. Nothing contained in this provision shall impair
any independent right of the County to conduct an audit or investigate the
operations, activities and performance of the Agency in connection with this
Third Amendment. The terms of this Article shall not impose any liability on the
County by the Agency or any third party.
B. Miami-Dade County Inspector General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended by
Ordinance No. 99-63, Miami-Dade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all County
agreements, throughout the duration of said agreements, except as otherwise
provided below.
Nothing contained above shall in any way limit the powers of the Inspector
General to perform audits on all County agreements including, but not limited to,
those agreements specifically exempted above. The Miami-Dade County
Inspector General is authorized and empowered to review past, present and
proposed County and Agency contracts, transactions, accounts, records,
agteements and programs. In addition, the [nspector General has the power to
subpoena witnesses, administer oaths, require the production of records and
monitor existing projects and programs. Monitoring of an existing project or
program may include a report conceming whether the project is on time, within
budget and in conformance with plans, specifications and applicable law. The
Inspector General is empowered to analyze the necessity of and reasonableness of
the
t2
537
proposed change orders to a contract. The Inspector General is empowered to
retain the services of independent private sector inspectors general (IPSIG) to
audit, investigate, monitor, oversee, inspect and review operations, activities,
performance and procurement process, including but not limited to project design,
specifications, proposal submittals, activities of the Agency, its offrcers, agents
and employees, lobbyists, County staff and elected officials to ensure compliance
with contract specifications and to detect fraud and comrption.
Upon written notice to the Agency from the Inspector General or IPSIG retained
by the Inspector General, the Agency shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and
copying. The Inspector General and IPSIG shall have the right to inspect and
copy all documents and records in the Agency's possession, custody or control
which, in the Inspector General's or IPSIG's sole judgment, pertain to
performance of the contract, including, but not limited to original estimate files,
change order estimate files, worksheets, proposals and agreements form and
which successful and unsuccessful Subcontractors and suppliers, all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and contract documents, back-charge
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records, and supporting documentation for the aforesaid documents and
records.
K. Al1 provisions of the Interlocal Agreement, other than the provisions specifically
amended herein, remain in full force and effect.
ISIGNATURES APPEAR ON THE FOLLOIYING PAGEI
t3
538
IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the
date first written above.
CITY OF MIAMI BEACH MIAMI-DADE COLINTY
By:By:
By:
Philip Levine
Mayor
ATTEST
City Clerk
MIAMI BEACH REDEVELOPMENT
AGENCY
By:
Philip Levine
Chairman
Attest:
By:
City Clerk
Approved for form and legal sufficiency
Carlos A. Gimenez
Mayor
ATTEST
By:
Deputy Clerk
Approved for form and legal sufficiency
Assistant County Attorney
By:
t(le(t+
City Attomey
l4
539
Exhibit "A"
Convention Center Project
Convention Center Renovation and Expansion
The Convention Center Project will modernize and upgrade the Convention Center facility and
surrounding area to be more competitive within the trade/consumer show and convention
industries. The project to reconstruct, construct, reconfigure, modernize and expand the
Convention Center and related/accessory facilities including the siting of private lodging facilities
near or adjacent to the facility may include, but not be limited to: redesign and reconstruction of
the convention center building and site; upgrading media, communications, and other area
technology; alterations to on and off site parking; on site and off site aesthetic improvements;
expansion/addition or reconfiguration of facilities to include a ballroom or similar amenities;
operation and maintenance of facilities for a period during and after construction, location or
relocation of other area facilities directly related to the Convention Center and/or its ability to
attract additional users.
A-l
540
Exhibit "B
$36 Million Ancillary Projects
City of Miami Beach
Redevelopment Agency
List of Ancillary Projects
Bass Museum lnterior Space Expansion: Renovation of Bass Museum interior to
increase programmable space by 47%
Estimated Cost: $3,750,000
Gonvention Center Lincoln Rd Connectors & 17th St N. lmprovement Penn Ave to
Wash: Enhance the pedestrian experience from the Convention Center complex to
Lincoln Road along Drexel Avenue, Pennsylvania Avenue and Meridian Avenue. Work
to consist of new lighting, sidewalk reconstruction, street furnishings, landscaping,
healthy tree fertilization systems, road reconstruction, cross walk enhancements.
lmprovements to 17th Street from Pennsylvania Avenue to Washington Avenue will
consist of landscaping, irrigation, pedestrian lighting and sidewalk replacement.
Estimated Cost: $1 2,000,000
Lincoln Rd / Washington Ave to Lenox Ave: Refurbishment of Lincoln Road
pedestrian mall from Washington Avenue to Lenox Avenue. Work to consist of new
lighting, refurbishing pedestrian surfaces, street furnishings, healthy tree fertilization
systems, milling and resurfacing pavement surfaces and cross walk enhancements.
Estimated Cost: $20,000,000
A-2
541
Exhibit "C"
Children's Trust Interlocal
B-l
542
aI
INTERLOCAL AGREEMENT
AMONG CITY OF MIAMI BEACH,
MIAMI BEACH REDE\MLOPMENT AGENCY,
MIAMI.DADE COUNTY, FLORIDA
&
Tm CHILDREN'S TRUST
This Interlocal Agreement ("Agreement") is among the City of Miami Beach,
Florida, (the *ci!t''), the, Mi-i Beach Red.eveiopment Agency (the "cRA"), Miami-
Dade County, Florida (the "County") and The Children's Trus! Miarni-Dade County ("
The Trust'), an independent special taxing district, for the purpose of establishing the useof tax increment revenues to be derived from the imposition of a half mill ta:r levy by
The Trust against real property located within the jurisdictions of the CRA (the ..Trust
Revenues"),
WHEREAS, The Tmst was established as a result of a county-wide referendum in
which the electors of the County approved the creation of The Trust and its imposition of
a not to exceed half miIl ta:r lely against all non-exempt real properfy in Miarni-Dade
County for the purpose 6f fu11ding improvements to children's healttr, development and
safety and promoting parental and community responsibitity for children who reside in
Miami-Dade County; and
WHEREAS, chapter 163, Part III, Florida Statutes, arso known as the
Community Redevelopment Act of 1969 (the '.Act"), provides for the creation of
commtnity redevelopment agencies and govems the use of moneys in the redevelopment
trust funds created in accordance with the Act (each, a'.Fund,,); and
WHEREAS, the City Commission accepted a delegation of powers from the
Miami-Dade County Board of Cornmissioners (the "Board"), fourd a need for and
created the CRA to have jr:risdiction over all of its community redevelopment districts,
declared members of the City Commission to be the members of the Agency, granted the
Agency the power to exercise certain powers permitted by the Act to the extent delegated
by the Board to the Agency and directed the initiation, preparation and adoption of
community redevelopment plans by the Agency for its two community redevelopment
districts known as City Center/lIistoric Convention Village and South pointe (;.CRA
Districts"); and
WIIEREAS, the CRA has various series of community re
bonds currently outstanding.in the aggregate principal emount of
(the "Bonds") issued under certain bond resolutions (the "Bond R.rotGoos'fio whiC[
the CRA has pledged all current and future tax increment revenues the CRA is entitled to
receive pursuant to the Act from all non-exempt taxing authorities including tor
increment revenues from any additioual tax levies created subsequent to the issuance of
the Bonds such as The Trust Revenues; and
543
I
WIIEREAS, the City has pledged certain City revenues to the holders of the
Bonds as a additional security for the Bonds; and
WTIEREAS. as an independent special taxing district. The Tmst is elisible to
share in anv tuc increment'revenues not budeeted for a particular use and remainins at
the end of the CRA's fiscal vear in the Fund established for each CRA community
redevelopment district and
WIIEREAS, the Board enacted Ordinance No. 03-210 (the "Ordinance") with an
effective date of October 17, 2003 that established a policy that before the Board wili
consider any matter conceming a community redevelopment agency, including the
approval of an annual CRA budget, a governing body such as the City shall first exempt
The Trust ptusuant to the Act from having to deposit its Trust Revenues with the
community redevelopment agency; and
WHEREAS, the City is unable to obtain review of its matters, including the CRA
budget, by the Board because it cannot comply with the Ordinance without violating the
CRA's pledges to the holders of the Bonds that requires all present and fuhre tax
increment revenues from each CRA Diskict to be available for the repayment of debt
service on the Bonds relating to such CRA District; and
WHEREAS, the City, the CRA and the County wish to assist The Trust and to
effechrate the will of the eiectorate by agreeing to remit The Trust Revenues to The Trust
pusuant'to the provisions of this Agreement; and
WHEREAS, approximately ten percent (10%) of the ad valorem tax revenue
collected in Miami-Dade County is from residents of the City and;
WHEREAS, The Trust collects approximately $6 million in ad valorem tax
revenues from the residents of the City which is ten percent OA%) of the ad valorem tax
revenue it collects and;
WFIEREAS, there are children and families who reside in the City and are in need
of the services described in The Trust's Strategic Framework 20A3-20A7 and there are a
number of agencies which may provide quality services to these children and families if
provided financial assistance; and
WHEREAS, in exchange for the city's and the cRA's cooperation, The Trust
will make funds available for children's programs within the City in the amount of The
Trust Revenues annually upon the conditions set forth in this Agreement; and
WHEREAS, the City, the CRA, the County and The Trust desire to enter into ttris
Agreement in order to establish their cooperation and agreement with respect to the use
of The Tn:st Revenues,
544
t='j
NOW TFEREFORE, the parties agree as follows:
Section 1. Therecitals above are incorporated in Section 1 of this Agreement.
Section2. The City, the CRA and the County agree that the CRA shall: (i)
use The Trust Revenues for debt service on, and other obligations relating to, the Bonds
under the applicable Bond Resolutions only after all other tax increment revenues under
the applicable Bond Resolutions have been exhausted for such purpose; and (ii) remit to
The Trust on the last day of the CRA's fiscal year, all of the Trust Revenues that are not
needed for debt service on, and other obligations relating to, the Bonds under the
applicable Bond Resolutions and are eligible to be refunded pursuant to the Act, and the
applicable Bond Resolutions.
Section 3. The Tmst will make available funds in the amount of Trust
Revenues annually for programs and services to children and famiiiss 'ryithin the City,
through a competitive process, to the City and/or agencies and organizations that provide
said-programs and services within the City. However, in order to receive firnding, the
City and/or agency or organiznlion must provide a program or service that falls within
The Trust's funding priorities and quality standards. The City and/or agency or
organiZation is in uo way resticted from participating in, and shall not be prejudic"il by,
any and all other competitive funding opportunities offered by The Trust.
Section 4. This Agreement shall be effective upon execution by all parties
and shall continue for as long as The Trust is in existence and can levy ad valorem taxes.
Section 5. This Agreernent is made in the State of Florida and shall be
govemed according to the laws of the State of Florida. Proper venue for this Agreement
shall be Miami-Dade County, Florida.
Section 6. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement shall only be valid when they have been reduced to writing,
duly approved and signed by both pariies and attached to the original of this Agreement.
Section 7. This Agreement is signed in four (4) counterparts, and each
counterpart shall constitute an original of this Agreement
Section 8. This Agreement containg all the temrs and conditions agreed upon
by the parties. No ottrer Agreement, oral or otherwise, regard.ing the subjeci matter of
this Agreemeat shall be deemed to exist or bind any of the farties hereto. If any
provision of this Agreement is held invalid or void, the remainder of this Agreement shall
not be affected thereby if such remainder would then continue to confonn to the terms
and requirements of applicable law.
545
*-3
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their respective and duly authorized ofEcers as of the day and year first above written.
(sEAL)
AfiEST:
ATTEST:
|nlr^,",il lu,J^r*
Secretary
MIAMI-DADE COUNTY, FLORIDA
Ac
f *, e .e"r-u a
Signatr$e of AutHdrized Representative
PrintName and Title
THE CHILDREN'S TRUST, MIAMI
DADE COLINTY
t,--.'i' tJ ' t''')(_
Valria C. Screen, Secretary
APPRq/EDASTO
FORM &I.ANGUAGE
E FOR A(ECUTION
///x'tw
Date
obert Parcher, City Clerk
546
Exhibit "D'
Resolution No. R-5 1 2-14
City Center FY 2013-14 Budget
A-2
547
OTTICIAL FTI E COPY
CLENT OF TEE BOIN.D
or couNTY cor[rdts$oxEBs
MI$II-DADE COIJXTT, FI.ON,IDI
MEMORANDT]M
Agenda Itep No. 8(G) ( r)
TO:
FROM: R. A. Cuevas, Jr.
County Attorney
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
DATE:June 3,2014
SUBJECT: Resolution approving Miami
Beach City Center Community
Redevelopment Agency Fiscal
Year 2013-14 budget
Resolution No. R-512-14
The accompanying resolution was prepared by the Office of Management and Budget and placed
on the agenda at the request of Prime Sponsor Finance Commifiee.
RAC/smm
548
Date:
IO:
From;
:Sub.lect:
June 3, 2014
Honorable Chairwomah Rebeca Sosa
and M e m bers, Board of : G ou nty..Q gpt miss ione rs
Carlos A. Gimenez
Mayor
,FY 2Q13-14 Budget for the
Agency
Memorandum ffi@
Cily Center Community Redevelopment
Rscomnteridatiori
It ls recommended that fhe Board of Counly Commissioners (Board) consider epproving the Miami
Beaeh Qity Center.Cornmunity Hedevelopment Agency'. (Agency's) FY 2013.14 budget for tho Ctty
Center eommunity Redeveloprnent Area (Area).
flffimissionDistrict5,whichisrepresentedbyCommissionerBrunoA.Bat.reiro.
Fisb?l l4paet /' Fund i nq 9-q [rce
The Agency's revenue source is tax increment financlng CI-IO, which. is generated through the
incrernental growth of ad valorem revenues beyond an establis:hed base year, 'as deflned in Section
163,387 oJ the Florida State SJatutes. County and City of Mlaml Beach (Oty) lax increment levcnues
deposited into the fust fund for FY 2013-14 total $16,918,000 and $19,M0,000i re$pectively,
The Gounty will continue t0 make annual payments to the Agency, based, on eaoh respectlve yeafs
growth of ad valorern revenues over the base year, through 2023, when the Ageney willsunset.
Traek Record I Monito.f
This resolution does rlot provide for contracting with any specific entity. The, resolution approve* the
Agensyls FY 2013-14 budget.
Backciround
On. January 20, 1993, the Board approved the establishment of the Agency when it declared the Area
tq be sium and blighted pursuan( to'Resolution R-14-93. The Board approved the AgeneJ's Communifr
Redevelopment Plan (Plan) and its frlnding when it enacted Resolution R-317*93 and Ordinahce 93-28,
respoclively. An lnterlooalAgreemerit afitohg the Ooun$, the Cit1{; and the Agency and ,the Plan were
approved by the Board on Match 30, 1993, requiring the Agency to submit an annual budget for- Qountv
approval.
FY 2013-'14 Budoet
The Agency's FY 2013-14:budget ls $43,000,000, whictr was approved by the Agency on Seplember
30, 2013" The budget includes revenue sour,ces o1 County TIF Rev,snues ($15,918,000), eily T1F
Revenues ($19,840,000), Resort Tax Contrjbutions ($5,386,000), e,y7 rnill levSl to be set aside for the
ehildren's Trust ($1,831,000), and interest eamings ($25i000).
AdrrriniStrative expenditures for the Agency's operations, including the Gity,Administrative Charge for'
general oversight ($283,000), total $2,244,000 and lepresent approximately flve pereent of total
budgeted expenditures, exctuding the 1.5 percent Counfy Administr.ative Charge ($239,000), which ls
less than the.20 percent allowed iD the lnterlocalAgreernent.
2
549
H'onorable Chainruoman Rebeca Sosa
and Members, Board of County Commissioners
Page2
Operating expenditures total $39,791,000 and are broken down as follows:
' $18,443,000 for Capital Projects including:o Collins Park Parking Garage ($12,242,000);
Bass Museum lnterlor Space Expansion and Capital Contribution ($4,797,000);
Euclid Avenue lmprovements at Lincoln Road ($69,000);
City Center -Various sidewalk and street improvements Commercial District ($326,000);
Lincoln Road Master Plan Study ($500,000);
City Center Legal Fees ($350,000); and
Agency's Capital Fund Balance Shortfall ($2,390,000)'
Additionally, the capital project fund credit of $2,231,000 is a result of projects that were
underspent and closed out.
. $9,922,000 for debt service including:. Series 2005 Bonds and the cornbined debt service on the Parity Bonds ($8,550,000);
. Sunshine State Loan for the reconstruction/renovation of Lincoln Road ($825,000); and
. Loans for the Bass Museum Project ($547,000).
. g30S,000 to Pennsylvania Avenue garage and shops to offset operational costs'
. g4,1g5,000 for community policing that includes ten police officers, two sergeants, two public safety
aides, a crime analyst ani a part-iime lieutenant providing community policing exclusively within the
Agency seven daYs a week.
. $S,0gS,000 for maintenance of Agency capital projects constructed wlth TIF funds (Lincoln Road,
Beachwalk Project, and Collins Park facilities).
. $1,831,000 as the Children's Trust Remittance.
The Agency's budget includes a contingency reserve of $384,000
TheAgency'sFY 2012-13 expenditures created an initlal unaudited fund balance deficit of $341,237.
Therefire, it is rccounted for'in FY 2013-14 ($342,000). The Agency is in the process of auditing the
current fiscal year and believes there will be no deficit,
Attachments
3
Edward
Mayo103514
550
ffiw r\mMffi$rDuM
.a
Ba...r-f
EROM: R e. CDvas, Jr.\
County Attonrey
Honorable Chairwoman Rebeca Sosa
and Membe,rs, Boad of County Commissioners
DATE: Jr:ne 3, 2014
$UBIECT: AgendaltemNo. B(c) (t)
Please uote ary items checked.
'3-Day Ruldt for committoes applicable if raised
6 weeks required botween frrst reading and public hearlng
4weeks noffication to muuicipal ofEcials required prior to public
hearlng
Itecreases tpyenues or inereases eipenditures without balancing budget
Budgetrequired
Statement of ffscal impact required
Ordinance creatiug e new board requires detailed County Mayorrs
report for public hearing
No committee reYi€rw
Applicable legislation requires more than a majority vote (Le,r 2/3'r _,
3/5ts _- qlanlmors _ ) to approve
Current information regarding firniting sourco, index code and available
balancg alil avallablo capacity (if debt ls contemplated) required
4
551
Approved
Veto
Override
Mavor
RESOLUTTONNO. R-512-14
RESOLUTION APPROVING MIAMI BEACH CMY
CENTER COMMUNITY REDEVELOPMENT
AGENCY FISCAL YEAR 2013.1,4 BUDGET
WHEREAS, the Interlocal Cooperation Agreement between Miami-Dade Counry,
Florida (the "County"), City of Miami Beach (the 'Ci{t'), and the City Center Community
Redevelopment Agency (the "Agency''), approved on March 30,1993, requires that the City and
Agency transmit its adopted annual budget to the Board of County Commissioners of Miami-
Dade County, Florida (the'tsoard") for approval; and
WHEREAS, the Agency and its counsel have determinedthat all expenditures associated
with the attached budget are allowable under the Redevelopment PIan, Interlocal Agreement and
Florida State Statute; and
WHEREAS, this Board desires to approve the Agency's adopted annual budget for
Fiscal Year 2013-14, for the City Center Community Redevelopment Area (the 'tsudgef), in the
form attached hereto as Exhibit 1, and incorporated herein by reference; and
WIIEREAS, this Board desires to aooomplish the purpose outlinsd in the accompanying
memorandum, a copy of which is incorporated herein by this reference,
NOW TmREFORE, BE IT RESOLVED By TrrE. BOARD OF COUNTY
COMMISSIOI\IERS OF MIAMI-DADE COLINTY, FLORIDA, that the Board approves the
Agency's annual adopted budget for fiscal year 2013-14, related to the City Center Community
Redevelopment Area.
AgendaItemNo. B(G)(1)
6-3-L4
5
552
Agenda Itern No. 8(c) (1)
Page No. 2
The foregoing resolution was offered by Commissioner LyntileBell
who moved its adoption. The motion was seconded by Commissioner Jo# "Pqre" Diez
and upon being put to a vote, the vote was as follows:
Rebeca Sosa" Chairwoman aye
Lfmda Bell, Vice Chair aye
Bruno A. Barreiro absent Esteban L. Bovo, Jr. aye
Jose "Pepe" Diaz aye Audrey 1d. f,dmonson aye
Sally A. Helman aye BarbaraJ. Jordan aye
Jean Monestime aye Dennis C. Moss absent
Sen. Javier D. Souto aye Xavier L. Suarez aye
Juan C. Tapata absent
The Chairperson thereupon declared tle resolution duly passed and adopted this 3d day
of June, 2014. This resolution shall become effective ten (10) days after the date of its adoption
unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this
Board.
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COI.JNTY COMMIS SIONERS
HARVEY RUVIN, CLERK
GDristopher Agrippa
By:
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
David Stephen Hope
dsh
6
fL'A
22,oto
553
Cfy ol mcnd trochr 1700..Coorq{ion ftrit r Ddve, Mldrnl Bcoth, ttoddd 33 l:$9, wwrtriqnlM{Anv
Mlomi Beodr Redovdopmeni Agency
Td: t3o5l 673-75n, Forl l$05l 67V706E
November6,2013
Mr; Jorge [ll, Fernandez
Progfam Cosrdinator
Office of Managefient & Budget
'111 NW 1 Street,22no Floor
M.igml,FL 33128
RE: Gity Center Redevelopment Area * FY 2A13n4 Budget Submlttal
Dear Mr, Fernandee
Enciosed iethe MlamiBeach RedevelopmentAgency's Resolutioh packagesadoptlng
the FY 2013114 Operathg and Gapital Budgeb in the Countt's prefened fomat
tOgether w{th our stalus report The Budget was adopted by the RDA Board on
September 30, 201-3. ft should be noted that the most cunent year-end Finanoial
$tatements, dated September 30,?A1?, harre already been bnrvarded to the County
and afe elso avallable on line, The Financial Statements for 2013 will be available as
of Maroh 30,2014.
Plea$eadvise as to the Gounty{sohedule for reviowing and.approvlng the enolosed
Budget ln the meantime, should you have any questions, please do not hesitaie to
oontact me.
Slnceretv. n/fi/t-
Kathie Brqoks
Assistant Direc'tor
KGE;MA$;GPH
Enclosures
O: Jlmmy Moraleo, Executiw Director
Max $hlar, Redewlopment Coordinator
John Woodrutr, OBPI Dkector
Georgette DdnidlS, Sen'ror M&fi.Analgt
F:I|NFO!$ALLI$ABDA Budgo$a013.t4\FY 13-14 Budgot Treasmlthl Roquont Coudy:doc
We pre,smrt&d to Bovrdlrur e,c6.f,4rr, pt6k sddge pld $hry p cU wlw !tw. wu[ ood phy h orr vftbrqot eopbol t*i)rk cornourfi
7
554
$il ',." '-.' i' r."''.::.' . -
Tt[lAMI BEACH REDEVELOPMENT AG ENCY
FY 20,13'14 PROPOSED BUDGET
tAs ADOPTED ON SEPTEMBER 30, 20131
CITY CENTER REDEVELOPMENT AREA
'1. 'f.#
Y. '.. iir.l:! '^;s
v-r-.'
io
The Miaml Beach Reddvelopment Agency
17fiI Gorwention Genter Drfue
Miami Beach, Fl33t3g
Submltted By:'
555
('Miami Beach Redevelopment Agency
Adopte-d Annual Budget for City- Center
FY zAfifiA
Gontent
Budget Narrative
And Annual'ProffiAfea Status Report
FY 2813114 Operating Budgei as adopted by the
RDA Bo-a1dlon 09130/13 (County For:mat)
FY 2013114 Oporating Budget as adopted bythe
RDA Board on 09130/13 (RDA Format)
Capltal Projeot Sufirnary and Flve-Year Plan
Capital Malntonance Surnmary
Oommunity Pollclng Budget
Organkatiohal Ghart
Adopted FY 2A1Frl14 RDA0per:atlng Budget Resolutlon Paokages- FY 2013114 Operating Budget as adopted on 09/30113- FY 2013114 CapltalBudget;adqpted ort 09/30/13 '
Adopted FY 2012n3 RDA Operatlng BudgetAmendrnent Package- Adopted on7l'17113
SECTION
1
3
4
5
o
7
I
Flnancjal Roport - Fiscal Yearended September 30,Zl1:Z,prepared by RSM
MoGladrey.
I
("r
556
a
I
a
a
a
MIAMI BEACH REVELOPMENT AGENCY
GITY CENTER REDEVELOPMENT AR EA
To assuna eontinued eoonomio viability of the Gitlr Genter Redevelopment Area and
the City as a uholg, through the implementatlon of the objectives and proJects
defined h tho Rideveloprrent Plan and the amendment theretp.
fo h6gr miniruilm r:docatlqn and condsmneiion.
To irrvolve community residentd in the redevelopm€nt process.
To estahlish: the nepessary linkages to tie'in he Convention se-nter, area hqtele,
cultural amenfffes, sritertalnment, fasldehtlal end businoss uses in the dislrlpt,
To snhance divarslty pf form and aellvity lhrough the use of eslablished plannlrtg and
deelgn prlnclpbs.
To create,q traffi0 $ystem to s6rue local and thrdugh haffic needs.
To rogognEe the historic Etructures and deeigrtations wilhin the historlc tlislrhts and
fadlltatd develo, pment accordlng ly.
Statup Repoft
Area (CO/FICVRRA or eity Center) was establidred in 1993,
In order to provide the frrndhg meofianlsm to frtEtir lhe
dEveloprnent of neyrr converttion hotel development wilhin
pmximi[ of the Miaml Boaoh eonvenfion Cenler and td
establish the necessqry flnkages betneen the Clty's many
oorg ffiffi otyic, culfufal and entertainment u6ag in ordsr tq
creatB tha fubrio of a fr'ue ufiari do-wntovuri.
$ince its inception, the Oty carrter Redevelopment Area has
undergone dynamic ctange ttrrough a comblnation 0f publio
and pr,ivate investment initiatiVes.
Exdtlrlg projeots lruhich haue tranqformed the area EtcludE:
. Two conventionquallty hotel6, both of which $€re tha reqult of .H$ltcihrivate
partnerships betwsen the Redevelopment Agerrcy (RDA) and the roopectlva
Developere. the 8@-mom Loews Miami Besch Hotel and the 425-rooin Royal Palmi,l
10
557
Growne Plqzg Hqte!, the lgtter "of wtrloh had the dlstinc-tlor.r of blng the ffret Afrioan-
Americari ownetl hotd hrthe UnfEd State$
Thc de-velop,mgxt of an 800-space public parkllrg garage (Anclror Garage) to
aocommodate thO parkirto no-eds fEr the Loours Miam! Eeactr Hotel, the &owne
Plaza'Hotel and other seMee and retailbueinErEes'iniho area;
A $20 milllon oyerhaul of Uncoln Road, partially.funded With the
buslnes€eg on Uncoln Road;
An awardqinnlng Eeadue_lk extending fmm 21st $treet
to Lummus Pa*, comprlsing an at-gnade. lEndscapd
padestr,lan rlalkway;
lmplemantation of e CulturaiAds Ga.mpus Master Pfan
for the arpa east pf the Miarni .Beach Conventlqn
Center, which lndfudes e new regional library, the
hEqdquqrters of the Miaml City Ballet, the expgnslon and
renovatlqn of the Bsss Mussum of Arl, the IO:
landspaplng of Coltlhs PSrk,,.inolfiding $e restor,align of
the Roltunda and exbnsiye elreetscape improvements
throughout tho er€Br
The cumpletioh of the rnuch heralded New
World Campus, lnclUding the neyy elat+
of-the art Gehry-designed headquartrers
hcllity ficr the New World Syrnphqny and
two publlcly-funded componente, indudlnga SIS Mllllon nunlo-lpat Gehrydeslgned
pa*lng garage and a $21 Million world-
class park.
11
558
Other lmpoflant projects include the 650-
epacd mbod-use parting faofiity buitt on the
surfacc parkrng lot on the llest slde of Oity
Hall, tarhloh includes 35,000 $quare feet of
municpal offlce space;: the hplementdtionof malor Flreat and infrastructure
irrprovements throughout City Centel
valued st more than $26 Mllllonl and Sre
aoquieftion and Ienovaton of three multi-
famlty buildings (Bbrday; Allen House, The
London flotsa) to rnaintain the stock of
affordablehousing in the area,
Tax lncrament Finanoing fin ffirough the sala of iionds has beon a major tool for
financkg redevelopmerrt actMties. To date, four bond iesues have occurred in OIty
Cerrter: one ln 1004 br $25 rnillion, to acqulre land for the hotel deuelopfiient
lnltietlves: ona ln 1996, in the qm-ount of '$43,2 mlBion to fund contraofinl obligatlons
and cepltal Improvetnents helatod to the Loews Hotel and
Crov/ne Plaza l'iolei proJects; one in iggB, ln the
amount of $38.2 mlltion to flnance capltal expendltures
related lo the conv6ntl6h hotel prrojects, th€ Cultural
Campus prsie6{ and io r,epalr the $21.5 mltllon debt
obligation to the City; and thd most reoent, vvhlch
occun€d in 2005, in the anlount of $80.7 ntillion to
refinance the outstanding debt seryice on prior bqnd
lseuas.
The City and Redevelopmient Agenct's commilment ta
upgrading ahd improving the area's infrastructure,
addreasing parking and,circulation lsstres, and facllitating
new development has fueled slgnlticant new pivate-
sei:tor lnvedtment in tha area, evldenced by more than
S000 Mtilllon ln new buiiding permit actiW sinoe the
area's lncepHon.
llllork Plan
Since lts ruocHqs ln at8acting hrc cahverrtion4uallty hotelg, the RedeveloprnentAgency
hae been focusing its efforts oh a number of iniUatirps aimed at uBgrading the area's
lnfrEstrrclute. ulreqlE and pqrks, alleviating traffio and parklng oonge-efion and
encourging the produoUon ard presehtation of,afts and cx.rltural aetivitles in the aree. ln
2003, the Redweloprnent lAgenqy amended its Redevelopment Plan for City Center to
epecifioally addresa theae- obJeclives ln the cprrtext of the New World Sylnphgny's
expanslon plan6 involving the 17ur Stie€t srirface lots and tte resultlng lmpsct to ths
ConvenlhnCenter.and buslnessgs in the aroa.
To this end the Redarelopment Agency'e mission is to coordinate, implement ahd fund
the Plan's oblec*ives and to complimentho Gity's establiehsd vlsion:
, Clesnerard safen
12
559
. .Eeautrful:'and ylbrant
. Mafure, sBbfe residential commffiitywith w-ett lmproved infrastrudu-r€
r Culfuf$I, e*ler.lshrnent And .touficm caplb[ arrd. Iniemationel cemer fsr lnnovatlon
dllure afH :busing$ uttrile
. MaHmidng rr?hre tO Our commiinlty for ttire tarrdoltars paid.
The Redevoloplnent Agenqys bbjrirq$w over the nsxt fryo years shall focus 6p 165
planning and iinptemenlaUon of cipltal profecls assoeiated with, but not llmited tri the
fulaster Plan for the expanslon of the Convenllon Cente4 upgradurg streetscapes and.
related ffiastructure throu$hout City Centor ard increaslng ttre lrwentory of parfting
faclllUes, lncluding th6 pendlrg oonstruclhn of a new 460-space Bar"kiru garage to b6
locatqd on,23d straet and Oslilrte Avenue, deslgned by.vrrcrld'renowned archltect Zaha
l'ladld-. The RDA shall also continue,to fuhd prinUc seiriloe enhancqnenF provided for
undff he Oommunity Pollclng Frogram as well a$ ensure the on{olfrg firBlntenanoe of
qgpitai assets funded with nF. I should,be noted tfrat that a m4orlty of the capltaf
gnhaqceqryts sEJ.forth in tre Redewlopmpnt Plan anO the 2002 Amendmertt therob,
trye be6-n completed andtm are crnentlyunderway, includlng theClty Cofi.ter Rightot
W.rytrhprownsntq, the City Hall ExBartslon Garage, the Odllns Farlc lmpnsrnmentB and
the develppment Of the 17h Street swface lols into the New World Campus,
Buqoel Fliohliuhts
r 'Eased on lhe 2O1a @rfifiqate of Taxable Valus from the Property Appr,aisar's Office,
tho prelimlnary valge of propeft ln Gity Center ls aotually fro;ecteU to lnorease by
7.37o over 2d12, iharklng Urcthlrd year In a row; nalues seem to be baok on,tho rlso,
foltniling two lrparp of decline. However, as ln previous yearq the Ci$'has
received cdtespondenog from the Gounty, advising of'the flnalliaihn of:Ure tax rctl
f.or tha prlor year, whlctr ln the case of FY.20tl'l/12, r,afleote a slight:decre-ase from
tho preliminary valuation fur the same lrear..and wlll result in a conespondlng
adjtsUnenlfteduetion in TlF revtsruras tofallng $168,000 tor 2018114 w $5.5 rilllbn
tor2O12l13.
o Additiornl sources of revqlue tnclude ah esdmated $5.4 Mlllion In Ressrl Tax
oonlribu$onsi a % mll! le*'n the amqunt of $1.8 Mllllon,lo he se[ +g.lde forths
Chlklren's Trust pursuant to 6n lntetlocal Agreement dated Artgust 16, 2004
hetween tha RDA, the Clty of Mlaml Beacfi and Miami-Dade County; and an
estimatod $25,000 kr interest lncome.
r proJ$gt*re1s1ed expqnse€ accpunt fqr approdrnably ffg Miltion which lncludes $4.?
MIHqn to be allooatod for oommunlty pollolng lnltlatfueri in CitJ Gentar to conflnub to
provRle enfranced levels d stafiing irid servios thmughout th6 ar€a, and SS Mlllion
for malntenance of'RDA capltal Frolecb. On-going arrd plaoned mpital proJects in
Clty G6nt€r arc proieoted tu acmunt for $18.4 Mlllion in the FY 2013/14 Budget and
generally Inctude alhcatlons for conslrucfion of the Colllns Park Gsragq,
Cityt0orivention Cer.rtBr Right-of-Way Storm Wabr tmprovements, Llncohr Ro;d
Master Phn and lmprovements to Euolld Awnue. An addifional $6fi000 le belng
proposed for caplEt renewal ahd replacement pmjacts; lnctuding'repalrs and
13
560
maintenan@ to the colony Theater. Additionally, ffi05.000i in transErs to tho
Permsylvania AvernrE Shofe and Garage are budgeted to oftet fte Citfs costs
associatad vuith ttp retailand parldng operataone.
Admhlstrative Expenses total $1.9 Mlltlon, comprlsing a management fea of
$1,198,000 whidr is allocated to the General Fuhd to pay for direct and indiract staff
support for the RDA; approximately $650,000 set aside for ongolng planning and
coniulffng wcrk rBlated to the Convehtlon Center expansion master dan; and
,$25,000 fof capital renewa! and replaqement pfolede under $25i000. lt should be
not6d that the Management Fe6 allosation io refiectlve sf actual dty resources
epplhd to the opera0on of the RDA, as supporbd by the RSM McGladre!, Cgst
Alloca0o"n Study, dated.tuly 2q, 2009, lt shoqld further he noted that'Adminlsfrative
and Opemting expenses only aceount for lees than thr9e. percent (37o) of the total
budgef, which ie weil below the 20% threshold level established (end permitted) in
tha lnterlocelfureenerfi between the Gity and the County.
The $rrent ombined dEbt seMce on the 2Q05 series Bonds ?nd the Psrity Bonds
aQcounts for aBprqIimately $8,65 Million ($8,a) Mllllon annualty. City Center atso
dontiilrea aSsumirrg debt sefvice paymenla on the portign of the.Gulf Breeze Loan
r,ped to pay fOr the Base Mu$eum eXpan*ion and renoyatlon, and the portion olthg
Sunahint State Loan Program used for Lincoln Road improvemente, which
collectively a@Ount for approximately fi ,a Mlllion.
Reserve line item expenditures lnc[ude thsse items that, pursuant to the exlsting
Bond Covenants, may only bo expended onoe the,anrruq! debt aervice obligations
heve b€en rnet' These lnclude tho Gounty's admlnistrative fees' equfualent to 1'5%
of lts respective TIF paymenf, and the correspondlng contrlbtttlon to tha Ci$ls
General Fund, equivalentto 1.5% ot the Clty's eharq of iteTl-F payrnent; and the
renilflanm of the 14 mill tax levy hack to the'Chltdrsn's Trust.
I
14
561
I
Ead
E
E
I9.$t
^rot
brtr-
IJlr
:o' tuf;
ES.E
Erl
HiI
EEf.o trE
EIi
E
E
$$t6
IID
Eir
I;$
E$$
f$r
6
CotETr$;isf
[fE ${83 }!g* rl !
s!3 H$
t
Btt
L
E'qI
tl
,o
soE
E,B
T$
E $.,*O.I E'
FH
6l
15
562
Mlatril Bsach RedevelopmentAgehoy
Clty Genter Redevelopment Area
Proposod FY 2fi31t4 Operaffng Budgiet
?{1U11 F,r11tt2 FY20ial3!
R.$anuei and Othsr Sodt6s of lncome
Tax hclpmanl -oltY
Fd HJustmenl lo Ob lrcranen!
Ta( hcroment- Colnty
ProJ Adlustfiottt to dlouniy Incraler{
s09( Contlhrlon from Recod Tax'
'tZ tr{l chidrqtb Tiurt (Xrlrhutlon
ln{ciiittncom
Fund Bahmo BeGlbca$on: (tharnF)
ft nd g.hlloa nonrud and Bedaoamml
Olhd lrrconc/Adjualmdotli
IPTALREVEIiIUEE
AdmlrVoprrttho Expgrtgto
Meoag3ment fee(salarl8 I bonoob)
Sabrlg3drrd D6nat.ltB
Adv.erlbkU & prmtollon
Poilaoc, odnting & mallod
Otrhe sr&pth6 & oqulpmont
glisropqra{iog
Meellng€ & conford,ncrh
tD6e & subscrlp{ohs
Llocnet.&Taxee
Aurll&uc:
Polersbnal { rdatod f6s
flepalre and Malnlenanoo
Mkaollaneous oxpenBei
fohl Admlnl0pernllng ExF6rt3es
,roJect Expepeg
Jomrunlty Psliol.tg 1W1124
Capltal Prolrts Malnienarrco:
Prop..ly Mernu {08-S84
SEriltatbr,l6&g9Gs
GEohgpecc! 1S&9984
t|ttS prq,gdnhcofn Park e,omplox.Cofi iruency
Ntlrs Pnola.t - Greil.ln.Ald
Trpnsf6r 16 Psrn Oarage Pad<hg
Trao$ertb Psnr Oar€e Relal
.'na4$f6r b REne$El ahd Ft€placemont
trand€( io Cetd Frcleqis
TolalProJect Expcnscs
R.eorve ard D.Ql sqvlca OFllgatlonr
Debt Ser!{ce Gb€{ - 2005 + Partry Boi*rs
CurcDtNi S€rvlce- tlncdn Rd Frolml'
Cs.rEnt Dbb! Sgvlce - Basc Mrtsotln?
Rossn e,Is Cor.ttty Adnln Fbe
Reqanle for o[lB contdbqlbn
Raservalor Ohldretlb Tfu6t Cor&boUoh
Raterve fc Collhs Palr Faillng Gar$o
Repaymcnl-Prhr Yr Fund Balgncs
Rsserw h FutirG ProFaB
Tohl Re3€rv. and Dght Borvlco
TOTAL EXPEN.8ES AI.IS OBLrcAflONS
REVENUES. E)(P.EIISES
FY l3rljt
Progoted
Fsds.$fl
Vrdar*e
AqtrlEl Actuit Ad-o$cd- Brid$t FromFYtzrlt
t 10;3z,610 ,
(1,476,128t
'18;047,879
('t,2F2,as{)
4;492,078
{t74S30
9,20{
,8,837,093 .$
(1,75t 461)
t4,201,236
(1,367i'15l/)
ds25-,!08.a,481,004
8,278
lg 188,4p0 f
({.87{,ooo)
{4.818,000:
(r.m0,000)
{.681,000
t,575,000
13,000
sy'l6,oo0 $
s785,qm
5G1,000
190;000
201,@
{,6-/6,0d0
fspB{,oog I
(0{,0m)
16,902,000
(?4,000)
6,386,000
1981,000
?E,qt0
7{0.000
l.?77.000
i,{?4d00
tFs2,00o
?02.000
2i6,oo
12r00o:
3.000
4,000
't,009
a000
2,265
8t
&5{8
t2
708
900,350
z,OW.,146
u1,521 g
m,fro
.06,031
2764;374 I
9s2,889 0
859.00,|
7S5
20,2&
175,S73
31,489
0?6.000 g
s65,000
9,0@
241,0{0
irs,oo0
E,741.000 $
.El,'143,0@
t2.693.000
e7G3000
405,000
?00,o00
1,049;000 t
155,000
60,000
,3,000.
dooo
1.000
l,ooonr:
2i.(n0
02s,000
25,000
ft.0@:
00,Qm
50.000
l;000.
12,000
388,000.
ssroo
42i,fio
00i000
(1a.q00)
,3St&
{0.000
rtl,m0
{1,900
nt00o
260;000
312.000
q4ll,72o s
,liol3,{73
2.680;4E8
606,242'
4S,SO;
317,112
4,195,0o0
1,176,@0
3,020,@l
83a{X!0
30q@
$o&d
t ,164,000
{-
8,3S3,254 $
t.0g{,178
606,!50
221;tM,
263;63.1
t,1?1,€30
218'18,24f
8"5{410t $
l.l03,ao8
6q2t7rl0
193,801
.24C.,119
1,481,004
l16t,@3
6,6S,000 '0
825;m0
547,000
210;000
28sO00:
I,er.0&
342.0@
3Q,00:lr62Eqlz{as t0185,861
(3'10}100)
36,77tp00 I-$
4100q000 $ 0tz29,q0ot-$f$I
1S.000,0@
7$t0?P
26,449
16
563
Proposed FY 201:3/'14 Anchor thope and ParHng Oarage Operatlng Budg€l
PYl0lll: flllnz .FY l3r{FY20l2rr3 Propocitd Verlih'.!6
:R.v.ririi.:
Parlhg Opara0onr
Retafl iaackrg
lnlerHrtPirohd c6sh
TOTALBEVEIIUEs
OpcratlnB ExFmua:
Pa*hc Opsqtlqq
G3l{p UB6'Feg (ToLoew)
Gilrego.Ropahs and iialilcs-Erlco
Rdql loagng Propdty lllsftagomBr* fte
Retal Lsalru. Repair & liatilenance
Reldll l:rtemat Scrvloq ClsEes
Ra{sll oparathnc [teprqjdbr
l&nagtrmtnt FBolo Gcncrd F.und
Partb-g Operdfionp Marngeqnrn{ FbE
Reta[toashg llelu00rn6flt Fo6 to OF
Trlrrsf6r to RBn6flEl and Rets0ce.mBnt
Tmnslci to Ceplle! frr4st€
Rosvlro to, Fulum CEpllal - Prart{ng Oper€Udis
Rssaryg fot Fulue Oapltd ' Bstall Oporatloos
TOIAL EXPENSEE
.EEVENUES. EXPENSEq
Flav..Due!r.
Faddng opgrelhos
Rebll leaslng
Rob{ Tfat6fer fruln RDA O[orauorls
Parklng Tranefcr,fom RDA Opera0ors
Irtta(€-e! Ftgl6d cqsh
,,OTAL REVENUE$.
OpaBUrrg Expenso;
Pafilrn Operallom E,pendllrrres
FlEr*l,tg A&nhlBase Fee
GecEE clound te8so
Partlog Ba66 Renl
fdd'llParccnhgc Rsrt
Garala Maidg$rsnl F6s.
RetsS AddltsrE Base:Rerrt
RatAlf base Rarlt
RedtAddn ree,
Doproclgtho
Lsar}U Comrnlsslohg
Adtti1 F€e (OFl
Oontlrgonc,
TOIALP(PENSES
fiE'YE{UES 'EXPE,ISES
1,gsa64{, $
4?r,g{:
'70,917
s6.2v1
65.396
109,07,{
169,074
06,{09
55390
106,?10
'1s0,710
35,0.0.0
55r00
224;OO0
223,000
14;000
:rSAooq
358,i[0
2.078,000 I
6rlo00
ct0o0=.
::
3a000
tg,BQq
-65,00Q224ooo
2?4;N0
10.000
ize,ooq
7e000
.53,000
40,@
Ct1900
(q'ryo)
E&ogo
(rcnoo)
{0oo
'!,0@
t4,ooo)
98;@
e80,qro)
r.2B{,876 E- 2,Q2q,000 g4&341 463,000
0e0te 62;000
678;049 $1.108,?D? t
Proposed FY 2a13ll4 Ponnsylvanla Ave Shopa and Garega OperaUng Budget
FY tofll FY1'llla FY 201213
FY 13114
Propooqd v.orloncr
1ttll23uti'tz
346,000
57{.000
406.000
s50,ry
305,000
aoo,tzt $
I37.08
20,62u'Y-
162,006: $
723.029 I
15,308
rr,82
.2i,65i
N4zsoe
$js,rsz
$276;4{8
11,131
$r'l'8t'
303,400
802;000 S
6si$d
23;000
tzs;ooQ
$0
$47,ooo
$278,000
{1,0o0
024000 $ 20,00055,000 2,@O
29000
24000
01,0QQ: 1{,400ne,oo[ (ls,ooa)108,0(n 85000
(2,18t) $
17
564
CrIY OFi[Nil BEAd{
EpEVELOPffEilr,rgEI{CY
9l88At Pl4il.l{r}lENe suri[AnY
fi.Del!6 FRoJstrilfE
20tff,l8
nfiift rd
rdlne
o
0
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ro
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0
0
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ffil.gfi fr$shtQrerErlt!.r,.itLrrbtttatr tm$datl04.tiliirirFS.iii|rbttlll$riniirmr tbl$n.rt{hn0rr&.rrFr}.di
t(rh,ld /oolldrlhr.bird!{.tnilrt1rlc'|iidllt[r|, A}J|6YR! ritumfiie.rlrPl\l
Fr.arprD,&rhudgr!ast*!0!05frfr{.!!il.orfednrtr'f,thilftd.0tF..4.l/B${fl4c
rdhlcdb'brrtfrllemEdbderI..Efir.f,r.rit arit ll.r:ltrraaifiP(t*,tqlfi{nit rr!f.ilLllr{t ll.arraqmortafri4|lerfrafiltF l.ilr.ctlnri{ailrf{rh.rortt'l'ttaxbo ixltrluumllt^Chrhsnxl
rtq!.a.rttr lctir0romltdodoer*irfhrr
r@!at nl, llia."tlu!{,itloiit$XrFlCr!.iiir!!
gtoDl|r.&a litrfin$mF..'lc.tFcartit rlle-,.lrstrl Blt.llu*nfh'tiq*.ndhiuledll.lilrF td:$iBdlttilirdik8lcefra*.itR..fqildc[ la.drl]fiinRafrltglt!.r..orllF!'.l.f.lr'cr'ffi.qilrharf.ou{
rrrito* .&ftliral(trliFtsi'i
rrt$qphi ry.PrdrtPt.l.i.slrrd q4F!.bfqr$rar|!:Bi.a0(lhr!d
|(drEdr 6(futQfitainoi.|#argi*..Olf..rr.laro o.r.FnE0th,r.hdet&d.ftlrl
p161.!ar ccwmt,helil-{ldofolmtPrAiriiah(. lric$ltrAt{lrlr&iltiEffir qrm'.Gi'ro|,tUl-th|Ef$
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lrrltrr$ ct.+ir*rn&urFsrcrmi..caror Odaicr.dqraacaadPd.d
ratc.!'l, ry.Fttlna[rforiEmr{r
l|iai.me fdrtr,fFrrff{Otaa.elio|..ao mqlhrfrhCorfs'bftHd.d
arrdirhritt ct*ryfuf&inoifilllt,ilc
,fdfftt Plh.vlh.irrt!|'.Unfth*D'Enrrt6rGl? colr{laerOatrthodt]UCmactol!'l!Ea!!i4 irrr.r*r
?gra{a! afircolotAPfa$4eqr.til
tdCrltn frriilrilllE,rhfiCtrcI$ArynaarUo t[riirF&ryrt.rrati"trdFr&Or9i&.dtr O.fsraldrulti'tla&o.rdr}Iil
.i'iilln ah uEdrl}lB{$atodhiar!{0hlrn
0
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conetruoilotr prdeCtcor*e in. additlpn to operafing and debtseMce cottc for the fissel !par: md
,i
UUtl-ERElS, ffiE propoesd budugls for the r\rtchoi Shops and Parklng darege and'thE
Pennsyfuania Arlc{ue S_hops and Gargga harn bisn lnduded a8 sperdte $chodutee to lhe.Qtty
CenhrRedq,atepmertAriaeuOget,rdfresting[roJ'eotedrsreho6qtidgperathgEJfnsefuithl
trecal,teErerd
lll['lEREaS, tre ExeerSB DttpotOr rwommends apprwat oJ lhe proposed Flscal Yoar
&13114 btdgcE for thE 0lty Center Redanelgpment AreE, as wd! aE fur the Andor Shopt and
Perkln$ @rage antl tra Pbnnsylvania Aueorn Shppg BnC Garege; and
T.IO, U THEBEFOBE, BE IT DUI.Y RESOLI'ED BY THE ETIAIBPERSON A]..IP U$IEERS
oFTl{EillnArilBEAC}IREoeyercFUsUrAGE$icYithEtthEQhahperqonandMemberclur-U
adopt arrd appmprlates the opsratlng budgetfot the CIty Center Redaueloprertt Alaa, ths Archor
Shops and Pdrldng Ganege and ha PannEylvarda Avonoe $hop3 and Garage for Flgcal Year
2O{3If4 es folto$/E
Clty Centcr RcdwclopmcntArea $43,000.000
ArdrorGarage Parldng Operat{ons $5,130,000
AnohorGaragB Rdall Operesons $857,@0
Fenngyt$anlaAvsruEGaragEP,arklrfgOperd[ohs $061,000
FoftnsylvtnlaAvarue GarageBetall Operailoru SS50,000
PABgED AND AD@TEU THIS SEPTEI$BER UOfi OEY OT zfii.
ATTES*
AFPROIGDA.BIO
Fffi[I&LANOUAE
29
576
MIAMI BEACH RED€VROPMENT AGENCY IIEM SUI\JIftTARY
:l'r€q.'lhe MrorShW std pakkts&rage rnd tn
trrypordr€ Datr (8urvcyr. Environtnailal 8eir, cselr(ne of hc GlVe Key lnteoded O.jhorca h to anslrre-wd dedsnsd End unlt rnalntalned cssltd pmFcp erO
lntae0Uoture. ln teep[U w[h q(g Cosl, apprqlmatdy 53 pglcsnl or S{9.5 mllllon of he prcpos€d Brrdgot tor Ctty
CinEi b b*i6 r$ocrbd tdffardd €pltel g&ondttume Frr,urtlts mur caplH paoFcts. mriEwal atd rfDh€in$t sntl
Th6prpposdDudgattu ho QIIVCanter RedevelopmenlAnn forFlscal Ypaf 2{X3/14 has,been prspan{ tomhicEe
wlh lhe pvarrrll Clty tudga 0to0e5t, and E behg pr6€silEd o amlst ln Dpvlfig a,mmnrehgTr$ta ar.€M€w of lho
dlstld. AddlfiEralln thd aEvranuffi and trironcei- aseodalid rvlti [lr Seafions of tre Anc]ror thop8 qrd fu*tng
Gatrgo ab ltlsfi aE-ttro Parnsflvanla Avenue'Shops and Qaage are gt€eenEd as,epsr€te sdt€ddeo so as to
ollolnats any percsp{bo lhd ppoqeds fiom trc Facnl$s opepllons ara pqqlcd wilh'TlF end dner Trust Fund
rwrnuea.
Bipdon hc20lSCcdlhauonof,Taxab-leValugfiomh6FIoppryAppdoer'sOffica, haprsllminaryualucofBrqpettr
ln CW Gent* ls prdea(c-d b lncriaa by'7,3% orrQr ID!2. Hirnla.rnr, ae h paovi0us yeerc; the fltf h.Ee rcqelved
arespondonooturn heCounU. adrrlglho qf fpf,aallzatlon of fteta( tollforUtoplbrtear,wtrlchh thaca$df FY
20{ffi2, refredsad0htdemeasetomthE prrsltnlnaryvaluaflon furlhe smo tmand.wlll resultln acomrpondlng
a{uohonflied*tonlnTlFunnuestohlhtg010SO6for20lUl4ve $0.$mlllontsr2Ol2/13. Addlllsndcourcaeof
rryqrUe h&de anestimohd $6,4nllllon ln ResortTaxosrtlbu0onsial, mllllu0{h lheamouotd$l.Sfiil$$.h}ei
sel asltte for he Chlldnn'e Trust p,{Gurd to ah lnlodpFal Agl€oment, datsd Augru* t6, ?q0l bdrt 0€N! lhe RDA, tla
Ci$otMlamiBea&andMlafltrDsdsCorlrly; andanee0matsd$2Q0fillnhlcrastincorne.ItnEqcedFYZO/.A[4
OtyCal6v prCryslpDmsntAtga Eudgetqr$a3,000,0001s $S4,00Q|€Behan fleprpnosod Fr,tdg$rwqtlm€odEdby
lht Fxrgttlve Dlidcbi on SepMb6r I | , 20i I . Ttih dscr,oElg b' a laiult of a raduc{on ln he Cl$udds ]rdlaue rale ot
,t278 U,} h:E i/hr aM Conmhatm at nq wofirhop:tteld sepErnD*z3. 2019.
ln sder t0 addraEE 8to odr(g and fuiurs 6[[ga[onr ol lhe Rsdsrclopmgrrt Are. t lF repqorns|d.B-d, ffit lhe
Re0ev.dopnent Aoanpy adopt he atlacfnd Rosolu[on whlcfi a-shbll$es tlp opera[ng budgEtr br tie GIU Gn*lcr
Redorrsk*montArea,lhe&rdroShops and FarklngGaugeErd{he.Penfiqyhairf nenueShopsatd Gemie furFf
N"A.
^ou; lrEr t A-'-----'fr.dwE MAMIBEAC.H
--..-.'.,*!.- -.eltE:'trt#."**ffitEiafqffi5lc#l
577
E MIAAAIBEACH
CDf !, G'E{d Lcdr. ITOOC{rtrroilon Csrhr kfrc, tr{cml Bsssh;fbr[fr 3!199;rnlrv,nd$B&cgdrff"Errl
R EDEVEIOPMENT AG ENCY MEMORAN DUM
rO; Chahperson and ltlicmbprs of *re ndhmt
mofyt JliWL. Morales, E*ecufrya Dlred0r
DATE: Scptcmhdr$oi20fg
sUUEcIr A RESOTUTTON OF THE
REDEITELOPIUENT AGENOYI
an'dsthnabd $25,000 in b*eruet Inooma
. BUOOETq FOR"THE,C|WOENTERREDE\ ELOFilT"ENTAREATHEAIITGI{ORSHOPS
AIIE PARI(I}IG GARAGE AT{D THE PENiISYLVAT{IAAVENUE'3HOP8 AI{D OARAQE
FORRgCALYEAR2OISII{
ADi'I NISTRATION REGOITIil EilDAIIOltI
Adopl BE Rgsqluton.
ANATYSIS
Tha pruposed budgptfortheOfy Cenbr RedevetoprnentArea{RDA}tu-r Ffscal Year2013/14 has
oeed p6pargd o thlnclde wifrr ihE ownall CIty buiger prooeei .and k being presented todayto
agslst ln iNsrddlnO a astrprelrnshre olmrvleW qf the dislrlc[ Pfaase referto A[4ohmBnl A fortha
proposed bUdget de&lls.
F*aaucg
Fa99d on tha 2013 :Oenlficanon of Tdxable Value from he Property ApDrataefs Ofrlce. fte
ErBlkrtlnary \alue of property ln C.lS Cents 16 prqjeotEd to lntrgec by ?.$% ovs 20t 3 , markhg src
tldrd year In a roWrrair,fas have iilareaied; ualu$ sm to ba back ori thB riter ftllowlnglrto yaars
of dciJlne, HbwE/sr, aS ln provlbr"n yearsr thesiity tras racelWd conespondcr-rca ffitthe-.gdunE-
advieiing ofthe llnallzatlonof the taxrollforlhe prbipar,ufticti in thecasoof FV20{1/12, tufleoE a
dlghtdeorsaee fiom lhe prellmlnary valuation for lhe srn6
'Ear
and wfll lasull int colraspondhg
adfurfinenUreduoton ln TIF rcvenues Fhllng $'t68;0@forz0lUl4reisre $3,5 ndfilonfur20l2r13.
Artiritonal sour-caF ot re\rcnuo lnolude ant$umate d $5.4 mlllton ln Re*i,ft Tax uontrlbuiionq a }{ mlB
lErry ln tre a$ount of $1 .8 mlFlon; ts be get asida br tha Childrenrs Trust puhuEnt ti .an lftBttgod
AelEernont dated A.r.rgupt'!S,20q4 ha$,3an he RDA, lhe Olgof Mtad Beaofir end Mlant-Drida
AgonEV
AhlD I{EttltBERS OF TltE ilruft EEACH
AI.IO AFFROPfl ATNG THE, OP.EFATI NG
grpan*rups
Pmlec+relateil exOsne6$ accouht fur approximatali $28 mlll{on, vrdrieh lncludee $4.2 rnll&n b be
alloqded for aommurdty polhlng ldtiaSrea ln tre CiV Center !r conlinue providlng enhanced lEvels
of eufitrg end eer$aas frrogghout tle erga, and $4.9 million for rnaintanance.of RDA capihl
578
prc@.OngolngandplanndcapltalppJeoblnthoOtyGenteraeprajedpdbaqco{ntfor$1&4
r{lfisr ln fta FY 207U14 Budgai and hdrde alloca{om hr onsAUcfion of trs Colhts Pailt
GaiSge,lhe Eass Museum lntifo Expanslon and Llncoln Road Maeter Plan Study. Thb also
inclgdes tt .sEO milnon 6$ a tansbrto oovar mlor oml6l firRd balance deliclb.
An Addltlonal$?87i000ls bekrg proposed forerpld renew€l and Bplaconent prolccls; lncfusng
rspahs and rnalnbnanoe tc oerlaln Cig-orrred proScle and fadFtles, F-rdudirtg the Anchor Gaaga
and Coloy Theeter, Add$mally, $906,000 ln tranefea m Sre Fmnaylranl. Awrwo Shops and
Garag6-6te bu&€tod to otfuettha8DAie;coetr assoclatsd wflh ttre rahll end ps*lrq,opera{one
Admlnlsbatlm Elpemos toul $2 mlllhrr comprlgfrg e r-ilahegqnent.tse of $1,048,000 urtrlsh le
Ellocatsd f tre Gsneral Fund b pay for dlrecl and lndlnct stsfisupport hr tha RDAi $61,0-0t) for
aofuAlopenatlng expenset: sppr0)almahly$6?9,000 tetaslds foron€oing phnnlng erd consuung
rrwrkmlatad h ths Conwnlhn Ceriler expansion magterphn; and S25,000 ftrcapltal renaral and
rcptatrment projod3 under S25,000. lt should :be noted trat'thc ffinaffien! Fee ellocaflon ls
rqflectho of aofual dU resoutw€pdled to tlie oppmtton of lhe ftDA, as supported by ths R8M
MpGlAdreyCostAlhcatlonStudy,.dabdJu.ly20,200g. ltdroutdfirlherbEnotadlhalAdmf$fiath,h
and OpOnatng oQonEes only amqunt br hsq thAn lour presrrl (4%) of the Ual:budget, wtdch ie
wall belowfte 20% hreshold le\tglestabllshad (and pefr.nltted) h ttp lntodooalAgrpementhstunon
he Cttyand tne County.
The cnrnentcombined debtsenice on the 2006 Sefleg Bsnds and the FeriV Bonde acounEfoi
apprsdmalsly$tr,E mllllonannually, ClUCenteralso oon$nuesessumlr€ debteq,Nlgg psyffientsgn
lhe portqn oI the Gulf Breeza k an used trc pay for .the B6s9 Mueeum oxpanslon ard nanovafdt,
and sle poillon of the Sunst{ne Shteloan Program usod for,Llnooln RoadlmpmveflpftB, ivfilc"h
mllectvelyaccount br:apppxlmaialy $1.3 mllllon
Reaene lhe lEm expendltrrgs,indudrs 0tose ltcme fffat p,rsuart b llp a$sfing Bond C-qvenqnts,
rylay 6nU bB expEnded once lhe ennual dEbl,terulaeobligetlqne harrg beeh r--nel. These lridude hi
County'* admliilsfra{$E fegs. egulvalan! lo t;5% of lh resppotlve TlF pay.men!; an{ thp
adffisFondlng eontribufion h tlle Gityh cBndrel Fund, qulwlentlo 1.5% of sie cive ghae of [s
TIF pEymenB and he remlttance of tha 1& mlll tex leUf back h lle Chlldrcnb. Tfust.
The revenuea ryrd expenoes assaglstsd wilh opemtong of trE nemrly opemd Pennsylvenh Awnue
thopi and Garage and lhe Andror Shops and Parklng Gamge are pr*s€nbd aq sepaeta
sofiedule.F ln gder to eflmlnaE any peraeptlo,n lhdtprcooads fnpm.he fadlltlEsi operatbne arc
poolad wl[r TIF and olftar TruEt Rrnd mvanuaEt
Inaftor SfieFe and Pnr*lng 6ange
Garaqa ruvanuee at thsAnohor GaraoGaraga nrttciiuos at tta 6aftge ara pmleeed at appi$mebly $3,1 fillllon, wlth oieretng
expnfgs,(itcltr,fltngdenq$tiot,eontnag3lGvepge+1qii[gonilgaqo]E$lhlgeusandgerenl
trnd aOrUnismt n tCCb)i of approxtrnoety $2.6 rltitdn and'mse*os of S72,000.T
opara0mc h erqgcted tg- qanerde $_qrySp [t !?van$-e.si_l0$!rril{U [ilqlpgt,
Expansas aseoelaiad wlth tta r€fiafl manag€ment con$ad, related rclmburcable ei
deprealaton bh[ng $1 I 8,000, as woll as prejeeted reserrc of $741.(}(10.
tund a{gdnls(aflrn fees); of approximorely $2.6 mlllion and mservos oJ S72,000. The Arrcfior rekrll
:ff Slg'*.Hfl *$ul'dffi -li:'H#fl .9,.5HHti#-,!Htr'g*T*,Siiffi gfl !
deprealaton bh[ng $1 I 8,000, as woll as prejeeted reserrc of $741.(}(10.depreala$on toHlW as wellas proieetod reserrc ot$74
Fennsyhnnla Avenuc Shops and Oarage
ln eonelderadon of the fad tUt ne ponng$vanh Avenue Shqps and Gar.aga u,as bullt by he RDA
on Cftf.orflned propertyf the opanalion of the fadlls has been struqtur€d ln tre f.orm of a giound
esags b6tl8fn the $ty snC rha RD& provfrlng brme for bdl fr€ Garagg snd Retall opelathn8.
579
g44efirbiyN,nfi
wqqr
tlhttffi{dnti
e/rildf,wfr?firlltl
Ttr garege oFfiatbns Indlude basb r6rrt arrd an edmhEfase fe, ensktentwltfi tntEf tho
Andior Gmgp, Parl&rg'eore.aliorul fEar frnd tewnue dlelllE bo$eAn he dvena ne RDA The
Retalt qirgrathrp glso lndude btse rent and an adnrlnlstativL Ge, ss wa[ as a rchll teage ratc
barcdon2010rshllmaketmp raias.The rataiioperaEonealso fulude rsrenuaehadng bctunen
he'CtllrEM,he RDA
Base{ on egtimatee of thegapgets oqlrrrnt{,ear,operetng resultt, and hking tnto oonsldotaton fira
sucao$sfirt a(euton 6f e l€ase agtgerrent wllh Perrn 17, LLe.i for ths enthae tehfi sliacb, -thoEdHtyls antidpated to gereru.te $1.500,000 in revenu€s in FY2010/i4. eom.prlrlng $068,000|n
parlfiq ltownu€s and $650,0il1 ln tetFll lnoome. Fl-ounveq Eln6 the frdllty b eflll an$ctpEtsrl l0
oparabala-bsq durlng FY2!13114. hs RDAplanstoeuDsldtsettsoparatlorrsthrwghabanafarof
$306,000 h ths mdfig oFgmtlons. Experises tor lhe:taclllv aro budgetod at t1.6 Miilton,
ag.npiilrE S$o,g.oq [r d,fFct qpffilllts oo-es for he gerggo snd $6t1,000 !n leaqs tewwehted
obllqafloriS.
GOtt|CLUSIO$l
Tlr prpposcd FY 2013114 Clty Oenbr Rc&valopmenlArea Brrdgetof${s.000.o00 h @4,000 legs
han,tre ploposcd budget recommended by the Execullva Dlractor bn Septembef 1 1 , 201 {. Thle
decreasc h a rcsult sf a reduc{iot h tre citywlde mlllage rato of ,0275 by'the Marcr and
Com(tieslon ai its $,ortshop held September 23. 2013. Thk rniflegs nadqothr deorass lhe TIF
ruuanuea pad to tho (Xry Center Redwalopment Arsa by ttp Gity of Mhml Eeadr. Thls mducton ln
rcrronuog $ras olfset b! a rsducllon ln ths epandlture llne +Reserve for Futqm Capltrl FrcJec{s"
[r uter b artttrcss the exlstlng'and future oblsations ln tre Redevehpment Arcq- lt ls
rEcommsnded thatths RedorelopmentAgoncy adoptthe alhdred Resolu{on,whldr eatabfls]ree
tho opqatlng budgets for the Qty Canter Redauehprnent Area, the Anohor Shopa and PafitrE
GanagR an<l the Pennsylvania Avsnue Shops and Garage for FY2013/14.
.rrwrrSrus
Atladtmsnt
Ti\AoEilDAuoiil$pimtff .OIRDA e&A rnenn ZOts_l4doo
580
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@A4rntnrottoeyhqqnmtTaiEtqtudsCout
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IT?^LEI,6ruES
AprilltuErporrt
Ptlltre OFr[onrffitlon.
Pql&O AdnlrUBart 6t3mcrefiflr.Hm
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^rildtlrEreenh
R6otqtt{a}frffilttfta
BsHl lddUurl SEcRlrdtwlbiarRnl
eU(AdEhF.!
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rulcME8-msfiE
8@r{r t
74?08
23p61
srF62
:
rrl,a0t c
ttE;o@ t
5sj000
zt,@
32i.ms
t{l;000
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6rnoo
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@,m0 t
61&0
2s.0@
aL06
tl.900
22*000
i!4000
0r;000
7E3O[C t
.5,3f8
2CFAaaw
r{f,im{
$rcfqa
ea?i.igloll.lt7
StrIst6.{00
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zreEa0
&tdm
:,:E@
s5.00s
:50;000
,4il00
t8,0h.
ll,{oo
Ita;mo
s6a000
atffia 3 r,sq?,a +
konrqfd FY 20i3ll{Parnr$vathAro Btropr end Batto!CI opDtsllno Bu&dt -FYtul{fltolr FfiUlt Ff ,otglt erlPmdFf ,orglt
582
REDEVETOPMENT AGENCT IEM SUI#VTARY
on the b 12 communilY-nneY, rwtt|y
aorntrfeO cepltut iroFds upre hlOhlf nnO Uy bqtr r€sldsr-lls and buslnssse$. ln $6 2012 0uruoy. stg
andituturerrdre-tdettlhOasendoosnecfty;trouldsthrg notlorcducsiard evo[ab[ityof pueFadd,U,
uras:one of the tsdffi idqtgned as ksydrivds o[ oerafl salcfaa,lhn hels'
ffi tsquhq sE$Hcfi( capltaljilrottnentand 16 r{onded b
&nrn is an odldd uatemirrt st priUtE potgy rqair{ng lo-ngumse ott1ploal dorelopment tn tti! Oftv_lf
tvttsm Aaactr anO tte MlamlBsidl RD,Ai eitabilshk-erprhil&s br thp upmr,thg fi"tB yiar poriod, FJ
,0ffi4 - 80t7f1& T- flrBt ysar of lhe OIP s reconrirsodd tui approral as the FY &1fl14 Gqpht
Budgot.
The Propmad eryctnbr RDA cailail Budgotfor FY &13t14 thoibjors.tofls $re05! mllllon and lhe
pdppidilFfmi'gna cin[at Hrirb* ar nie noe enorir GarasB tolatc $!8sp00. lho Pf *0t3tl*
oroiseeO Caottalhdostlridudssaiproprietbneforlheeonstruc-lionof thaGolllrsParkGaraga;tuBaos
ittuieum lntertor Bpirafn; mprovrimd'nts to Eucllrl Avsdue. Oty Gsntoi 9E and Llncoh Road Mastr
nJuly10.2013,ffe Pmposed CdElEudgEdantluprlatedGspjtal lInfouemeill'tBnu6rBolE9tEnqaI
eeilrlrs it tha rharre'and Glini&la Prrolects comndllpa and tra propoeed cadtal Eudger ard clP
- \-/
TMqNIrAlArilsaDla$!. SrOnDA CEdtd BtldgotsufiunIl{ r8*r4doc
a
-
Ac'foirrEu t B--'-'il*@MIAMIBEACH
583
I'
I
RE$OLqmOH ilO. seS,zofi
A RESOLIIr|OH oF TtlE CHATHPERSON AlilD lllEltiEERS oF THE iilAitl
BEACI{ REDB'ELff [IE}ff AGENCY' ADOFTING At{D APPROPRIAflIre
THE ilIIAMI BEACH REDEVETOPIIIEilT AGEI{CY GAPITAL BUDCET FOR
FECAL YEAR (FY} 2/0,IAI'4 AND ADQPNHG ITIE CAPITAT
lrilpxovffiEN? pLAll FoR 201$14 TltRousr 20r?,rl8.
IUHEREA$, fte 201S14- 2o17!18 Capltd lmproyemeff nan {glP} for0rallhml Beach
Redevsloptrett&ency (RDA) iEafva yperplan forpuD[c innp-mvqnentg and caplhlexpprtditurcs
byths RD,t,end
l,t HEREA6, thledooumentisan officialstabmantof publicpolicy regardinglongrarye
phy.aioal developncnt In tre City of Mianri Beach; and
UrtlEREAp, the Proposed Capllal Budgst for FY ?AliJl4ltemlzes proiec't ftnds to'be
eommltleel during the upcoming fle oal year detafling e$enaes for ppfect oomponents wfrloh lncfude
architeot srd englnaer, corwtuction, equlpmer*, Art ln Ftrbllc Placs, and ottnr proJ*tomtq end.
WHEREAE, on Juiy I0, 2013 funding nea<ts for the F\t 2013114 Ropoaed Gapltaf
Budget End CIF rttnre dsersesd at a meetlng of tre Clty of lrjaml B6ech Flnance and Clt!ruride
ProlecisGomml(ee md hefundlng recommendetlonq ar6 refl*td: and
[!r,l{ERE&. the propossd RDA Ctrltel Budggt.for FY ?f.ltll4lotals $i7,$04,000,
lncludlng $67.000b Renaral and Rsplawnent prolects; and
i,t HEREAS, ilra pmpored Anchor cerega Capltal Bdget for FY 2013114 totats
$466,@0, lncludlng E220,000 ln Rehsural and Raphcqnsnt proJects and
USIIEREAS, a oopy of lhepropoead pr4ooh to be approprieted $,iUr the FY 2013/14
Capltaf Br&etandtheGlPforFY2013ll4.through20171{SareprovldedinAttachment1'@0,
}{OIIY., T}IEREFONE BE IT RE8OLTIED BY TI{E CTIAIBPERSON AIID IIIEMBERS OF THE
$UMIEEICH-BEDEI LOPUEilTAGENGY,thattheChEirperEon6tid||lHnharshet€byatloptand
approprlete, tte Mqrnl Beaph,BDA Oadtal Budgetfor FY8019114 and thp CIP for FY 2010rti1
through 2017110.
PASSED AID ADOPIEO THIS 3OI}I DAY OF
,T,':' iil
SECRETARY
ASTO
FORM&t,SiIGTIAffi
TilAcEllD,t\z0llts$anbE rOiDA q0lEl Butd flld
37
584
E MIAMIBEACH
Cllf ol.U-Ittt{ Bradr, !790 frryllrlqo C.anhr Drtvq l\lliomi 0rodr, Ro*do 331$9; wry.mlomlfuoch[gou
coMl\ l$stoN ME&toRANDu^4
Ctelpdrson Matfl Hanera Bower and
RedeirehnmsntAgencU
Jtnrry L iloratas; Elecutlvp Dlrector
DATE; Saotember'00,20{9
StJllECn A RESOLUTION OF THE
BEACH REDET'EITIFilENT AGENGV, AMFTIT{C ANP APFROFRNNIF TIIE
UNM BEACH REDEI'ELOPI$E$TAGEI{CY EAPTAL BUDGET FOR FISCAL
YEAR(-FO 8l{rl{ AND ADOtrrtttO TTTE CAPITAL ltlPRovEmEilT PL"AII FOR
Fy fi!t[J4* Z0tfr,tg
4Ffl lilttiTFArEU{ EH$grrll'IENDrttrottl
Adoptthe desotutlon
BACKGROT'ND
Pfannlng for oepltal impruvemanb ls an ongoing proeesa: qs neads change urhhin tte Cltfs
RedEVaFpmeffi Dislricl f-RDA|), cqpitsl prograrns and pnsriiies must be adJuEted. Tha Capiltat
lmpmvgmgnt Plan ('CIPJ ser.ves.ap the pnimary planrilng tool hr syabmatioally ldenflfylng,
prtorHeing and asstgnlng funds to orltlml gity and RDA eapftl davelopmorrt, lmprocments ard
as$odated needE.
Th€ BDA oapltal lmpovtmBnt plan prgoess:began In the epring Wbsri atl departmenh are
ad<Ed !o prepelecapital lmprotement updates and requeeb on tha d.epartmenfe.ongolng and
proposad cqpit l prolBc{s. lrdlvldud iepartmenh.frepare submlttds idedifying PoFntial
tundlhg $ourcQa and requeslhg oommltrrrsnt of funds h. thsir rcupectve prolects. The
propoeFd dgqqnenlb rwie'lte{ fiy he Clty Mansger, end up4 appreval. i$ errbmltG,d te the
Flmnoo and $ilyvytde Prolectf Commffise.and the Clty Commissisn/RedevdopmentAganey
.Board for fnal approval and adoptkm,
The GtP uns cre-aEd ae a plan for poleds fhei fequiro Bljnmcqnt gapltal hveernq[ and ls
Inbndad to senr a8 an.offlolel el&tement oJ public p9[cy rggardtru loU-mge phyalqal
deu:lopmant ln the Cit[ of Mlaml Baich. Tha GIP epgcifies and d-ercrlbes the City's caStal
prolacil plan.and ost$lishee pdorlties for the upcomlng ftva yca perlod.
lndlvldual prupctsulhln nalghborhood aaaa.have be6n comblnedto creata 'padog6r'dprofectr that address tre neighborhoqd negds for lnfrastruclurc upgrades; baffic flen,
enhanmments, dc. Th-ls cornprdrenarVe approedl mielmlzea dsruptiona-and gsrsatss costg
sav{ngs. The :proJec{s addrece many ,nbeds h dlffersnt areat of the Oig induding;
ns{ghborhood cnharrcertrantt such ffi landscapirg, sldcwdk resloralisn, traftc calmlng,
llghtirg, parklrg, uraterand eevuerayetem impmvemsrts, drahaga improrrernents and roadway
rss{rfelnglrcoonalruotofi paft rerrovalion and upgrade; a'rud construdlon or rgnovetion d
puhlic fracilftea.
Miaml Beadt
At{D IIIEIIiBER$ OF THE IIIATII
38
585
Clly ?rmntdsslol. l&nroroixlwn'@ulbn /d&ilhts FY zda H cf.pfrat Bud(F,t cnt FY 201gfi4 - 2Afi/,4 GrP Or tre fl&{
sqtrihrr&,r9(),Nl?tuw2
TheAdminisbatrsn is preeenUng tr-c propqs€d FY201U14 Capltal Budqetand ftre updgbd CF
tuFY?013114-2017118, following ammprehenslyereviewofthE CIPtoimurethetthe PlBn
'acouratet!, nflects all proiht fudgilt, tunritng murces and cornmitments, fur adoption by thi
Cilty C.ommhslon.
ANALYSI6
Ceplisl tmpirrvement Flan,
IheFT?01il1{-2017/18ClPfort}reGltyof MamiBeecharrdtheRgAIeafiveyearphnfor
puHlc frrngwements qrd rspi&al eryaMitunrs by the Clty and thdRDA, Thi* doiqmeht b an
ofllcla!ataEmentof publlo pollcy rggarrling long*ange phyelcat developmaut tn tre Clty of
Mtaml 6eaah and the RDA. The appmvsd Clpltel lmprovement Plan has:been updabd to
indltide pror€otg ftEt trill bg actlve during FY 201 3/1 4 * 201 7/18.
The Plan hqc beeh updaEdiolndude addltrbnaltunding gourcesthathave becortra availablq
dtargeg in proied liming, and othar adjustmonte to ongoing prct'ecls Ae they have bEoome
better definod. Ceilaln adju$tments have been made to mf,ad projecf,s th6t hwe baen
econfigurad, re{ited comblned with or separated from olhei pmFc{i andlor pr{edgrouprgs
and erelhe leeullof s comp{ehenaiw evhwoftha plogram to lnsur€ ihatourplanaccuratoly
n$eote all prcleot budgets, fundlng souroes ana coirnm-lmenh.
Avallable Gapltal Rrndlng
BaeFd fi ttl€ 2Ol3 OeAfrad Taxallq Vduo of the glty Centsr Radetreloprrrot Area (RDA),
prqperty vahes have rl8ut 7.3% for'FY 201 a/r4. l{et of'operating Sg$G, 01i nOA wtfl Ee-nanate
t{+9641I30{ million in anilable tundlrg tur capital proiecls ln the Cly Oenter RDA,
Propo*ed RDA Caplht Budgpt
TfteClryOenlerEqAFY20lUl4rerEvrslandreplacementproiec{stohl$6r,000. lnaddilbn,
$o,CJty lmt€r RDA FY 21113/1'+ popoeed Geplial &rdget of ${*scrj3.337 mltnon lndrd_ts
S122 mllllon le fundlng for lhe con*ruotlon of the Colltne part Garag , $3.75 mllllon for the
BaalMrryeum lntsrlorExpEnelon, $69,0o0ftrths EuclidAvenue lmprgv€mrflrts, Slp6,@0for
the Gi$ Genter0B pfi8ect,
.ohi cantsr9A obtet, an
Shops andpaddru GarageFund,whldr lssepamte becau*nlpnOtpartof tteT,orlncrerngnt
$nding of the.RElA' hae propoee{ capihl profec,ts of $840,000for Fhaee ll of the upgradeio
the ggted parking rwenuE eontio-! system and $25im0 for a gar{e strud$al enginesring
$ud$ $ also $c F-V ZQt ?Il 4 renoam I und replaocment needs trrhlrq $220,000 ard tzOtr,OOO
fercipltat prspcls lr.r trdAnohor OarEge,
coirq,yqmF
IheA{r_nhirhation reeommend$ adoplign cf thp agaohed Be$olution, whi*r Sstablishe the
*flt"J FqIq{-Q.th" RDA for ?t 201ifi1End the Oapftat lmproromenr prognn for Fy
20r3/14A30t7rr8.
.run<Fdles
f,iAGEltlDAl2olsls.iltrffir f,}tmA Gaptal Dudgrt mcmo tLl{.rtoo
39
586
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I't!(o[i LffiRd,llfFm|*rFe$l.i*.le
,renn uBtn€dlriltr4{qtFft!
d[0t& lHtlFrdllllE }l!..ttr0.h@imfteilf th.ftfdl|llhcr.i'8rd
inlhiFr .ba&.i!.dlftd0&plfit.Ali
,ll*il?6r lEti{rCanlc{*r.tf,rxmrtib.r ticdCfrtaaE!'if$Hnad'itisrt&r'atdQ.ftr,taag.ft &{.drft{t!d!S{ tf,d$itlhi..AiHrSF{3r
ssffir iffisrrL$t$ftto9llelrcrmfiiti
nrQ.ih.ail P$ioto&*l4autq{&"nl
tlrilr!{r ?barra*i0tryr\E$arucwtgr*
rc.D,fgf, fntmof.olPra,eoe,qr
FEadir? at.rm.6Eadrnhgdahrdihl
tr(tit|Ia. tailraS.irlrdca.op4ltor'|llt!'..&r.f{| lhrltrafFurrnFft|t0tr tlr!.trflardrryno.{laEq,|fiaa
t0r*
OE irEA.&ichotonitphar,t.It!.!e. .Aiu'.crin&rpftilr*itit.illmrsid. fut$q9.rrtiEa,tf{tilfrt.Ernt{rr9!,., lreforrEr-$P.thdld.Erl|iic.rfr f6tro{&illan'rffi.mnulaifi e,*!.Oagfaruar.lercrqrrdrrr. fn rE dtof Firqdrbn *{ffptGtrlo, CerdcrqittttLluoqEo
FlFebot rrytnrloFoetua.*rrr
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tterr
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587
RESOLUTION 1{O 5e6"2018
' A REsOLUTloil oFTHE CHAIRPERSOI,IAND!frEMBER$OF TtrE
Mnm BEAGH REDET ELOPMET{T Ae$lCY ADgpflNq AilD
APPRoPRHxtllQTtlEf ,FSTAEIENDMSTIf TOTHEoPERATING
auDeET'FOX me CrryCEltren neevetopmrm Anse ron
FTSCALYEAR 2012118, :
WHEBEAS, lhe GIty Cerrter Redeplopment Aroa Eudgetfor FiSoal Year 201213
was adopted on $eptember [7, 20!2 vh Reeolu0on No.58&2012i and
WHEREAS, the. proposed CltV Center Rdevehpment'Area BudgeJ reflects
antidpaH cpnstrucliCIn prpiEet coets [n addison to operatlng qn-d debl servioe oosh for
theffscalyear; and
IUHEREAS, 0re Redevetopment Agency adofied Resglutioh No, 595-2013 on Juhe
'5, 2013, eetting apubiiq hoarinb tg consiuei'thq firet amohdment to the FY 2A1A1,g
openating budget for the Ci$ Center Redeveiopment Area; and
'WI{EREAS, the Adrninistratisn regommands adopting end appropriating he First
Amendnent to the RDA Budget to reflect increase experditures rdative to the Conltentio4
ifitaiii;hil;;m",rtinlh6H;i"n Fi"iee;naiaaiestatetaxesassocliteowlthsloesd
S$eet, whldt wlll,be offsetwtth lncreased rpsort tax rbv.enge, ag-rnmll as funds esQrourled fur
the 20i1 real estate b:<es fior 340 23t" Street.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
ITTEIUBERS OF THE HtAt'll BEACH REDWELOPmEilTAGENCY, thattho QhElrBeBon
and trllembers of the Mlaml Beach Redevelopmeffi Agenoy hereby adopt and appropri$e
the first ainendmenl tb tho operating budgetfot the Clty Center Redevelopment Area, for
Fie0alYdar z}lzll1,epproprlafing an additional$528,72S. , "
OilghalAdopted Budget
Propoeed Amendmerrt
roposodAmended Budget
$36,7V1,000$ $69,000
$97,340,000
FASSED AND ADOPIED .I7TH DAVOFJULY,
ATTE$T:
SECREf.
I,t
41
ffk9
tu€cmtorrymnDAF.rl
588
t
t
t,
MIAMI BEAct{ REDEYEToPMENT AGENCY ITEM SUliirlARY
Arrirydm'H* To lts Opqdm Brldg{ Fsr T.he Clty
Erta{6bn sls, EnvllolurtenEl 8can, dc.F
zt,zqt lmtl.lhqaaoitunotnCs6trltrriro.gaa-2o'!i. TnaReddvaloprrontAgenauadopHRssoufiqnNo,695-
aOig on Jurq 5, 20!3, ssfing s pubilo hearhs to conslder ths fircl arnendment to ffra FY zffizng ofenattq
hudget fur tre GU @rter Redevdqpnant AIBa,
IficemondmentUiheoperdrrgbudgeihrqUr**R***op-fltentArca bbglngdonebedd$gsinor,sa$d
eloeneeBatU&rrbdbthErureementlrrdUrgratagicAdVbqyGroup(8AG).whlcttkbranqmountnotbaxed
Sgl4.g4s.4t thmugh .tunazolrt The Redevelopinent Agoritry nuaifiuU0260.0o ln tte FY 201218 btidgeta8 a
ptaoatrddpr to tuftI $B acreer,nntprlqr h q"Bg(rrrqlhg anO apprpvlng phale tl of SAG-,E aglltrd" Therefore, an
tddjtlonat amount of amrordmably $75.@ ls rcqult*d td fund ihe mmatnlrtg pot0on of SAG'a pgiBemertt
Addllonal hoalsf,vloes are also anlloip&d fom oubHa cqrrcel to draft Ure danehpment ggraamentground
leaeeq as wsll ae oher rahBd contlddG requlied for tha Cotrwntbn Cedbi Enhqncsmffit and Expsr!8lon
Prcla*
Tha Redsrobprnnt Agenoy alao emqris@ unanticlp*ed eroenees essocl6t6d $iiih lha pgymen! of real €sEE
HeB for thd p'operty too*oO at 340 23r{ Sfegt. Thls property rryag purchassd hoiii Amethan Rh,bra Rsd Eslah
Company (Ameiloari Rfurera) brths development of-tp-Coitm Pirtr Gamga. The Clty entereC lnto lPatkppemilniiiinmerttti,lhArrrtcahBMErator-ttsoontkuod usgottre$nf-aoeparklrrgl0tsattltlslpcafion, Funumt
to $oilkn 6of gieAgreement, AmerhEn Rlylera h rqqulre,d.topayallrealesqtoE Gshataro lmpos€dBielnst
the propery Hsnhcver, rcal estab taier [Iert not pild for.zoll and 2012, \l&lah ]aqutnFd lhe Rotlat doPtncnt
Agpnq, b pEy ths b,€s and proqegd tp lqgue Ams.rlcen Riuiera e Np&e o.J Termlmtisn.
Ttrene+ixponsessrioffsFyfrrrde$2t,{04.4g,whldrwereescrouedatcbelngfor2ol{ propartytaxefortra
pr,opetU hcated at 840 23!E Btreer ndouOnafiy, Resort Tax Rorr€filla ls. Foje#d to hB $6321,048 whk* b
05d7,alE more han tre brdgeted ampmt of $416&4,00O Theag sddllhnal ra-wnues u,ill bc.used io cgvsr he.real
esUti ercs foi"310 2S'd Simst aril addtbial ri,rnsutttnE anA hgd epense for lha Conver{ion Genter
lmpac.t $ummirp The arnendment is lO addre* lncreaeed expffiqei yrltrlch wiI,be qfrot wlth
(9 MIAMIBEACH
42
589
(s MIAMIBEACH
G0y of if,erd flp6r lT([l Ctinurahn Cqor Ddw, Mlosrl Mr,:ttod&83l39, yv'tr,mbq&codr0.gov
REDEVELOPMENT AGENCY MEMORAN D UM
Chalrperson and MEmberg of the Mhml
Jiinmy L. Mordes. E:tecutiue Dltdor
DAIE; Juty 17,2013
$HlECr; A RESOLUTIOII OF THE
REDEIELOPUEXT AGENEY ADOPTING ANO APPROPRNruG THE FTRST
AiTENDII'ENI TO THE OPERATING BUDGET FOR T}IE GIW CENTER. REDEI'ETOPIIIENTAREA, FOB FEAA!. VEAR SI2'1T.
ApillNFrH$fl QH FtrcQltrr[i FilnAnoH
Adoptfhc Regolution.
KEy tr{TF,.}tpEp orrrQquF quppoBrEp
lmprove tho Cf$etnarrc:ial leatth and malntsin overall bond raflpg,
ANALYSHS
The budgetfurthe Clty Center RedevelopmantArea (RDA) torfboal Year2012[13was approvod
on Scptember 27, 2012 rylh the adoplion of Resolution No, 588-201e.
Cl$ CerrterRedevcloprnerilArea r€vonucsourcee inelude efuand GounlyTax lncrqnent, Resort
Tax conbibullons; a X mlll levy mt aslde for thE Childrent Trust pursuant to Fn Inlerlocal
Agrcsmont, daEd Argust 16, 2004 bafuveon th6 RDA. the Hty of Mlerni Eeach andhdlaml,0adE
Count9; aRO st gcthate lnteEat lttsgmE.
Clly CenterFtedavdopmentAreq,e,xpe6$lndude commrdly potidry Inlia$ves ln CitYCentqrtc
conllnue to Horrjde €nhanced bvels of Bffiog,End cerviCge throughoul the ana, capltal proJEdE
and malilenEnceof RDAcapltalProrects.AdmlnlshatlwE:oansecompfEing emrnagementfeE
allooabd to the Gcnsal Fttrtd to pal for dhect and lndtrect s,taff aupport fof Sre RDA; opereling
e,tponseq a eet aside for ottgolng Flannlng and consulting work olrted to tre GonvEnthn Center:
expanslon maeter ph$ oapttral fgneuyal and rephcemEnt,proJc.to under gZS,0QO.
Tho Clty Canter RedevelopmentAr€a also arurually asgumaa the comblnEd de$ aeMad on lhs
2005 $edes Bonds snd lhe Parlty Bq-nds amounh for appruirnately S8-4 Million ann$dly. Clty
Center also con$nuaB aeautning debt aeMce p4qnohts on the porffon of the Guff Brerc Loan uEed
to pay for the Bass MuseUm expansion and ranova$on, and fti portbn of the Sunehine ShtB LoEn
Prognam used for Uncoln Road lmprovements,
fhe Raleuehpmcnt Agenql aUopted Resolutlon No. sg$20t3 on June 5, 20{3; tefring a pribllc
he*lng to contlder he first amendment to the FY 201A$ operatlng budget for the City C€r*er
Rcdevelopment Alee. The amsndment to the oparAhQ budget for City Contor Redavelopnunt
IO:
FROM:
PUELIO HEARING
AND IiETIBEFS OF TTIE IUIIATSI BEACH
43
590
Fhd funmercrtro AB FY ztrufi Opfifing BNNtbr Clly @nlor Re&udopmertl fueewtt,utg
fugc2ol2
Aoab.HngdqretoadtreslnoeasedalpenresreldlngtottreGornrun0m,CentarEnttencqment
and Expanebn Proieat, wttldtSllbeqftet.wilh lnqesEad resolt tsx lpv€lilrg-
lncreasBd er.?enses ars ettdbutBd to lhe rgreemeot rvflh Skatploltdulsory Ctoup'(SAG), whhh is
for ao enlesnt'no[ b'erceed $324,949.41 firough June 2014. The RedEvg&pnlert Agonol
bq@g&d $2$0,000,in the,FY NlA{'3, budgd mra plrceholdeglotund hh rureement frlor tq
negotlatfig and qprovlng phEsE ll d 8AG'3 qontracl ThErerfors, cn addruonrl mtqunt qJ
apprsdrftihly S?6;000 b rqtdred to ftrd ttre remainlqg poibn of SAGs agreemstlt. Addtpnd
legal son lceo *'"
"1s6
afli{paled fiom oEt$de oouned to draft the darelopmatt q$semsnt ground
leaean, as pCl. as ofher relahd contraob requlrcd for he ConvEntion0enter Enhanaoment and
Expansinn Prolecf
TheRedavelopmantAgonqyalcoe,psrisnodunanti{patedexpensmaseffide.ls-q$bpayrmnt
of rpd eetatE lirxes forfua property iocatEd at:&{0.23trt StrGd lh6 aite of the pmposad. CollBtp Park
Gafege. AO yoUntay rccafi, Urt$ propgrty-wae purchassd fiom.Arrerloen Rlvbm Real Eetate
Oompqn!, (Afrsrtcan.Rivler4 for the Uevdopm.ent of the Colllns P*tt Gsrqg€. As part of tra
Burqraad a-greement wllh Am'6&an Rlvlera the Gfi entered into a Parkhg.fennlt Agqement vullh
Amerlcan, HiviEra for lts contnued oee of fte suriace partlng log at thfs looafion. Pursuant to
Sgcffon B of the Agraem6nt, AmErlcan RMera is requlred to pay all real estete texea that are
linpoged agirkrSt the property, Htiunver, regl estcte hxes r,l,er.c ngi pald for 201 I arld 2012i whlch
requlred tha Fledevelopment Agency to pay the taxes and proceed !o le*e Amerlcan Rlvlen a
Nohca of Termlnation. Anerlpan Blvlera made a aefrIement ofier whlch was Isl;ded, The Oty
Attomefs Office and Sra Adminlslrallon contlhue lo negotlatlons fior a eettbrrrerfl.
Thees expenses are off.eet btftrndE S24,J 04.49, whldr uere escrovred at doelng tor '2'01'l propeily
taxss 6rihe prqperty lqcatedlat 840 29rs StreEL Addltonafly, Re$ott Tax Revemre h pttiedeid to
be $5,221 ,84B whlch ls $537,848 morc than the budgeted amount ol S4,684i000- Thesa addilional
revenuee will be used lo covar the real estata tExee for 340 23ru Stnat and gddltlonal onsultlng ad
legal openee for the Convenllon Oenler Enhancement and Expanslon ProJect
Atlqcfied ae Extdbit Tff is a summary of RDA budget whldr r€fleoE he original adoptdd budgat and
the propoeed amendd budgeL
GONGLUSION#.
The Expgrtive Dlrcctorfccofnmenda qdapting the FasoluUon.
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Ad 951
MiamiHerbld.cam I MIAMIHERALD
"i=ffi=':.Jell:39J}-* i
sA i,rr,ivi i ;1 i:i ii{"; :-i,
CITY OF MTAMI BEACH ]
'NOTICE lS HEREBY givbn.that the following public hearings will,be heard by-
the Mayor and City Commission of the City of Miami Beach, Florida, in the.
Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center-Drive,
Miaml Beagh, Florida, on Wednisday,'October 29,2014, at the times listed,
or as soon thereafter. as the matter cah be heard: . l
,, 1
qn OidinanceRmenOing Ordinance No. 93:2836 OfThe City Of Miami Beach,,
BeUarding The Establishment Of A Trust Fuhd For The "City Center/Historic
Convention Village Redevelopment And Bevitalization Areaj' By Amending
Section 4Ther'eof To ExtendThe Period Of FundingTheTrust Fund; Providing
For:Repealer, Severability, Ahd An Effective Date. lhquiries may bq dlrected to
theTburism, Culture and Economic Development Department at 305.6V3.7577'
5:35 p.m.
A Resolu'tion Approving, Follbwing A Duly Noticed Public Hearing Pursuant
To Seclion 163,361(2), Florida Statutes, An AmendmentToThe Mrami Aeiech
City Center/Flistoric Convention Village fledevelopment And Revitalization
Arda Plan (City Center RDA), An Appioved Redev-elopment Plan Under The
Provisions Of Section 163.360, Florida Statutss (The Plan); S.aid Amendments:
(A) lncorporating The City's .Pro.posed Convention Center Renov-ation And
Expansion ProjeCt;And (B) Froviding.ForAn Extensiorl OfThe City Center RDA
AtA Ninety Five Percent (95%)Tax lncrement UntilThe Earlier Of March 31,
2044, Or The.Date Agency lndebtedness ls 'No Longer Outstanding; Further
Approving And Authorizing The Mayor And City Clerk To Execute A Third'Amqndniertti By Arid nmong Miami-Dade County {County), The City, And
fhe Miaml Beach Redvelepment Agency (RDA), To The November 16, 1993
lnteflocal Cooperatiott Agreelment, As Arirended.(The lnterlocal Agreement),-
RelatedToThe City Center RDA And ByWhichThe County.Originally Delegated
ToT-.he City Certain Redevelopment Powers ConferredToThe County Under Paft
, lll,.Chapter 1.63, Florida Statutes (The'Community Redevelop;nent Agreement
Act Of '1969" OrThe 'Actl'); And Which Amendment, Among Other Terms,
ExtendsTheTerm'OfThd CitV Center RDA As Provided inThe Alorestated Plan
Amendment,'.And Adds Ah"Additional Member To The Govelning Board Of
The Agenoy, Who Shall BeThe Miami-Dade County Comm'r-ssioner Of Cou,nly
Commiission District5,.PuisuantTo Section 163.357(D)OfTtie Florida Statrites'.
lnquiries may be directed td theTourism, Culture and Economic Development
D e p a ft m e nt.at 30 5. 67 3.7 577.
' meeting, or any item herein, may.be'continued, and under such circu.mstances,'
a'dditionallegal.ndticeneednotb€provlded.
purluaiit'o Seption 286.0105, Fla. Stat., the City hereby advises the public that'
if a-person decides to appeal any decision made by the City Commission with
respoct to any matter cdnsider6d at its meeting or its hearing, puch person
mu'sf ensure that a. verbatim record of the proceidings is made, which record
inciudes thetestifiony and'evidence upon which th!'appeal is to be based,
This notice does not constitute conseni by, the City for the introductio-n or
admission of otherwise inadmisiible or irrelevani evidenc'e, nor- do6s it
, authorize challenges qi app. eals not otherwise allowed br7 law, _ . ' :
.To request. this material in accessibie format, sigrt langurge interpreters,
information on access for persons with disabillties and/or any accomrnodation
to review any document'or participate in any City-sponsbred proceeding,
please contact us five days in advance at-(305) 673"7411 (voice) orfiY users
rnay also call the Florida Relay Service at711. .--
,), Rafaei E, Granado, City Clerk
City of lV.liami Beach
594
..T IHUqSDAY, NOVE!'TBER 6,.IOI4 I I?ilE
:*lL"*mmm
CITY OF MIAMI 3T&S}I
$CNCT OF FUSLIS HEATING
tI{fTleE ltl tffinE# *t$*,* thst s pu$,lk hssri$* rstll b* herrd hV rhs &4syrr sfid *a{y
Car*r*iseion *l &e City *? illiami 8asch" Florid+ in the Comr*i*aisn Chalnberc,
3rd Ff**r, ehy i{*l{, !}** Corwenllon Center Drlve, tdlrrvrl 8c*rh. Flsdds, a*
Wrdndry, f*lrrdl*rbw I$, rSlrt ar t&0!i r.tlr{ or s8 6o.on ttiarsriisr aB tlrs rltxitat
tsn br hs.e**" tp t*r}*ld$*
A fi{sslull$fi.&Spr$y}iq" Iiollowing A Duly iloticod fubtle Hwrtng Furtrr*nt?s
&elti$n {$4.$$1{}}" F}rr*d{ Sts&tss" *n Am;rdmsnr fb Ths idiarni tseacfr Cfu
*s$tsftt{t$tsfl$ C*n**a$*n V}ll*tr* S.edaralopmsfit And Bovltrliradon Are* F}ss
{Ciry f,*ntur RS,&}, *x JtpproveO R*davstopment Flan UnderThe k&{iri$nE $f
$eetiox r$!,rcS, fls*ds St*tets$ $tr+ fi$$l; Seid Arrondm*nrs {Al *n*osorsrin$
Ihe City'r PrsFsssd C*rr:rr*ntiar1 C*rtEr ff*nrvation And Exp*n*ior Pro*H{q And
18! kovidifig $sr An Ext'Enxio:r OlThs Ciiy C*ntsr Ft*A At A Hirr*ty Flvts Fsr$6fri
{9S*$} T*t l**rqmcot UntllTtre Errlier Of fdlore}r 31,26{4" Sr?h* *art* A**ncry
,$d&lrlsdns$s k No L.on6er Ov*xtendin# Fu*|**r &pprrrlirtg &nd &utl*url*n6
Th* M*ycr And eiry Clcrk Io fx€$llte & Thinl Sr$*ndmont. Bv Arrc Anlsr\E
i{i*rni$rds Countf lCounry}, Yha tltV. And Yt}e **ixn.l$ &e*& fi*durr*l*r6rerrent
Agottsy iROA), To Thc Nowrber 16" 1S* lnt*rlq**i *sap*r*rl** A$rssm&of,
Ax Amacd*d lTh6 lntsrlocal Agrosmant?, $elared To Ths Caty *xnrxr R&A Ard
&t lt&idr Thr eounty Origia*lly Defryuwt To'*ts Ctry Cel&l{l fi*rJ**el*g*n*nt
*s*el* fsnloredTaThs County Under Psrt lll. fhspt*r 161. fl$rid, $t$tutes {Ths
esrrx$Blttf fltdov*lopmerrtr A*r*cfi1snt Ast tr :i*{$" OrThs ",&st"}; AnS Wtrlsh
A.rc**dmxnt. Arnong Gth*r"lbrme, ExtsndsTh*"f*rrx SlThe City Centw BDA A!
fr{nck *d lETh* Afjrt*tsted Plxr'r &m*Rd*r*rtt, And &d** &n Addlt*a*al lii:rirh*r
Tg?he Gcverni:rg Boord Of Th* Ag**cy. IrYho $trell B*Tho il{lisrnl-Oodo *numy
Cornrni*cionarOt Coust? CErnrnir*iqn Si$tri{t $, Furu*rant?o Scction '163.357{d}
$f llla Florid* $inxiltno, &lq*iriee mey &c dfreeted r{r tfi* fsllrr*m snd Seox*nr*e
S6*s&S.r?rsn{ Bs"psrfr.r}6rrt df "S*t fl3. }$il
lNTEfifSTgf 8e*fiS$ *rs insitsd ta sppssr sl this rnwfi*6- or br rs$ror6ri{sd hy
art €&&rtt, ar t* *x#r*** &*ir u.{ew* k lrdll*, rddres*ed tc th{ *ity C6mlYrl**k*.
cli, ths Ckf Clsr*. !7** C&n$aria$n* Ceater Sriv€, 1* FI{}sf! tity Huil. Miani &o**.
fiarld* S&l3$,Yhi* ;lrrnl 1* *uxil*l*!* f*r S{rblic l$s$**tie$ d*rlng n*rmu& b{,*irc**
haurf in ths Ciiy Et**b Sfffi*u, 1?6* Conyenrion ConrEr kiye. !$ floor, Ciry
t{*ll, h${*rnl B*a*h" F.l**da 3313S Thir ltem m6y b{ coflini,}ed" a*d *r*d*r *uch
circum*taficsx- eddi{is{lsl l*g*tr nc{** lr**d not b* F svidsd-
Purtutvrt ts Ss{ri*$r *8$"01*$, Fla, $trt., rhe City hor*y *dvi*aa the p{ib,$id th*t
il I psr$#tr tle*ldtps ls *$Fs*l sfff S*€,*lsn !rr*d€ ky *r* *fu Conrrrxy*lun wlrk
rs*p6ct l0 &fiy nl$itff con*ids$d *t {ts nrq*{isg nr its hseriN}g. s&h n6rs.(n mu*t
Gn${ri* lh$t S v$fb&llm r*t*{d c* S1* Sssr*€dtr}*x :is rnad*, whiefi r**nrc! in*.fudes
th* tsotiffi,&ny f,Rd xvidxnx* spein whidl tk* asps*l is ro bs be*ed.Thla ngtic* due6
not corrstlt$fiB consrnt by the eily {or th* intrsductioc or rdrnirslon of otherwire
in*dmi*slble or i'rslavs$t Eyidenss, nrr d** is sirrhsrhc {$allengw or ,*ppeolr
fisr 0}}|er}r.is6 allowed by lxrrr.
?s rsqu**t thlx nnatoriel in acroarible lsrrial sign la*gu*ge klterprstst4,
irtf*.ffiatiofi fi& ic(*s* tlr per*on* whh dlrnkrililir* an{tj'*r 6{1y &s4st}rffied*ll&fi
lo rEview arry document or pafiicip$ts in rnv City-sponEorod pmessding, plearo
*A*.{&{t rr* llyr rl*yr ln rdv€ace dt 3S5.6?3.?4lllvoiee} S}TT?A##{B ffiey $lt* rsli
lhs Fleddu fiolay $ervir* *t ?'11.
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596
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida (City), Approving And Authorizing
The Mayor And City Clerk To Execute An Amended And Restated lnterlocal Cooreration Agreement, Amending And
Restating ln lts Entirety The 1996 lnterlocal Cooperation Agreement, Dated June 21 , 1996, Between Miami-Dade County
(County) And The City, As Amended (Collectively, The 1996 lnterlocal), Regarding The Use And Disposition Of The
Two/Thirds Portion Of The Convention Development Tax.
Key lntended Outcome Supported:
COMMISSION ITEM SUMMARY
The Convention Development Tax ('CDT') is a three percent (3%) tax imposed on transient rentals countywide. ln
accordance with state law, twothirds of the CDT revenue was used initially for the extension, enlargement and
improvement of the Miami Beach Convention Center. Upon completion of the improvements, the twothirds portion of the
CDT revenue was used for other qualified projects throughout the County which has been the case since the initial financing
fortheMiamiBeachConventionCenterinl98T. lnl996,theCityandCountyapprovedanlnterlocalAgreementwhichwas
necessitated by the Performing Arts Center Project. Subsequently, the County and the City adopted a series of
amendments to the original CDT lnterlocalAgreement by Amendment One to the lnterlocal Cooperation Agreement, dated
April24,2001 ("Amendment One"), the First Addendum to Amendment One, dated May 22, 2001 (the "Addendum to
Amendment One"), and the Second Amendment to the lnterlocal Cooperation Agreement, dated March 23, 2004
("Amendment Two") (collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds (2/3) portion of
the tax, authorized pursuant to Section 212.0305(4)(b), Florida Statutes, and imposed pursuant to the County Code and
Ordinances ("Convention Development Tax").
Over the past year staffs from the County and City have held discussions regarding the development and funding of a new
and expanded Convention Center on Miami Beach so that our community can host larger conventions which would be a
major economic benefit.
As a result, the City Commission, pursuant to Resolution No. 2014-28644 adopted on June 27,2014, approved a
Memorandum of lntent (the "MOl"), memorializing the aforementioned. Accordingly, in furtherance of same, the County,
City, and the Agency desire to further amend the lnterlocalAgreement. The parties intend by this Agreement to amend and
restate in its entirety the 1996 CDT lnterlocal Agreement regarding the disposition of the Two Thirds Portion of the CDT.
Amendments to the Convention Development Tax (CDT) lnterlocal Agreement will be presented to both the City and County
commissions for consideration. The amendments include the following:. The payments for the former South Pointe RDA will be completely deferred in FY 2014-15 and partially deferred FY
2015-16 and FY 2016-17 . Future years' payments will include the deferred amounts. The restrictions on the City's
use of the funds has been deleted, allowing the City to use the funding for much needed sea level rise mitigation or
other projects in the City;r Assumes additional Convention Center operations and maintenance subsidy once the City CenterAgency sunsets or
there is sufficient revenue to provide the payment before it sunsets;o lncludes $1.5 million per year if a convention center hotel consisting of 800 rooms is built;. Confirms the date of 2048 for the termination of the agreement, at which time the City may negotiate for additional
Advisory Board Recommendation:
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary:
Expeditiously Upgrade The Convention Center To Be Smart, Modern, Energy Efficient And Which Fits Local Context,
lncludinq Walka
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over half of
businesses (56%) claimed that the Miami Beach Convention Center added to the success of their business. Six in ten
businesses (61%of at least $300 million for the Miami Beach Convention Center.
Item Summary/Recommendation:
AGET.IDA "'U R7 BE MIAMIBEACH o^rE lkq'lt/597
r915.201s
City of Miomi Beqch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
y CommissionTO:Honorable Mayor Philip Levine and M{mbers of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
oF M!AM! BEACH, FLORTDA (C|TU,'APPROVING AND AUTHORTZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL COORERATION AGREEMENT, AMENDING AND
RESTATING IN ITS ENTIRETY THE 1996 INTERLOCAL COOPERATION
AGREEMENT, DATED JUNE 21, 1996, BETWEEN MIAMI-DADE COUNTY
(couNTY) ANO THE CITY, AS AMENDED (COLLECTIVELY, THE 1996
TNTERLOGAL), REGARDTNG THE USE AND DtSpOStTtON OF THE
TWO/THIRDS PORTION OF THE CONVENTION DEVELOPMENT TAX.
ADMI NISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The Convention Development Tax ("CDT") is a three percent (3%) tax imposed on
transient rentals countywide. The CDT was approved, in part, to recognize the
importance to the local economy of the continued maintenance, improvement and
expansion of the Miami Beach Convention Center. ln accordance with state law, two-
thirds of the CDT revenue was used initially for the extension, enlargement and
improvement of the Miami Beach Convention Center (MBCC). Upon completion of the
improvements, the twothirds portion of the CDT revenue was used for other qualified
projects throughout the County which has been the case since the initial financing for the
Miami Beach Convention Center in 1987. ln 1996, the City and County approved an
lnterlocal Agreement which was necessitated by the Performing Arts Center Project and
the need to use CDT revenue as the primary pledge for the repayment of the bonds
required to build the Performing Arts Center.
Subsequently, the County and the City adopted a series of amendments to the original
CDT lnterlocalAgreement by Amendment One to the lnterlocal Cooperation Agreement,
dated Aprll 24, 2001 ("Amendment One"), the First Addendum to Amendment One,
dated May 22,2001 (the "Addendum to Amendment One"), and the Second Amendment
to the lnterlocal Cooperation Agreement, dated March 23, 2004 ("Amendment Two")
(collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds
(2/3) portion of the tax, authorized pursuant to Section 212.0305(4Xb), Florida Statutes,
and imposed pursuant to the County Code and Ordinances ("Convention Development
Tax").
598
City Commission Meeting
CDT lnterlocal Amended and Restated
November 19,2014
Page 2 of 3
Over the past year, staffs from the County and City have held discussions regarding the
development and funding of a new and expanded Convention Center on Miami Beach
so that our community can host larger conventions which would be a major economic
benefit. More recently, County and City staff have discussed other cash flow exchange
concepts in order for (1) the County to address near-term operational budgetary needs,
and (2) the City to have the flexibility to fund longer term capital needs including partial
funding for sea level rise mitigation projects. Additionally, both administrations believe
that funding flexibility should be planned and maintained to partially support operational
costs for a possible future mass transit connection between Miami Beach and the
mainland.
As a result, the City Commission, pursuant to Resolution No. 2014-28644 adopted on
June 27,2014, approved a Memorandum of lntent (the "MOl"), , the terms of which were
endorsed by the County Mayor, subject to final legal review by the County and approval
by the Board of County Commissioners. The MOI provides that the conceptual terms
and conditions contained therein, including the preceding terms, are subject to further
actions and approvals to be taken, respectively, by the Board, the City Commission, and
the Agency. Accordingly, in furtherance of same, the County, City, and the Agency
desire to further amend the lnterlocal Agreement.
The parties intend bythisAgreementto amend and restate in its entiretythe 1996 CDT
lnterlocal Agreement regarding the disposition of the Two Thirds Portion of the CDT.
Convention Development Tax (CDT) lnterlocal Agreement
Amendments to the Convention Development Tax (CDT) lnterlocal Agreement will be
presented to both the City and County commissions for consideration. The amendments
include the following:
. A modification to the payments from the County to the City of funds which are
currently restricted for capital projects within the former South Pointe
Redevelopment Agency (South Pointe RDA) geographic area, as well as for CDT
and resort tax eligible projects. Specifically, the payments for the former South
Pointe RDA will be completely deferred in FY 2014-15 and partially deferred FY
2015-16 and FY 2016-17, and future years' payments will include these deferred
amounts so the total amount that would be funded is not impacted. The
restrictions on the City's use of the funds has been deleted, therefore the City will
be permitted to use the funding for sea level rise mitigation or other projects in
the City.
. An additional allocation by the County, from legally available CDT, of up to $1.5
million per year for 30 years toward eligible CDT projects to incentivize the
development of a new Convention Center Hotel at or near the Convention
Center, if a convention center hotel consisting of at least 400 rooms is built, and
is generating new bed taxes. Both County and City administrations believe that
$1.5 million is a fair estimate of the bed taxes that a new Convention Center
Hotel of 800 rooms would generate. lf the Convention Center Hotel is built
between 400 and 800 rooms, the incentive payment will be prorated.
599
City Commission Meeting
CDT lnterlocal Amended and Restated
November 19,2014
Page 3 of 3
o Pursuant to an existing Convention Development Tax (CDT) lnterlocal
agreement, the City currently receives a flat $4.5 million per year from
Convention Development Taxes to operate and maintain the Convention Center,
plus an annual year-end revenue share based on CDT exceeding collection
amounts that increase each year. The Third Amendment to the RDA lnterlocal
Agreement will allow for an additional annual operating and maintenance subsidy
starting at $1 million in 2017 and growing to $4 million by 2021, which will then
escalate at 4 percent or Consumer Price lndex (CPl) annually (whichever is less)
starting in 2026 over the life of the Convention Center, funded through RDA.
Under the CDT agreement, if there is sufficient CDT funding the County will
reimburse the RDA for this amount until the RDA expires. Once the RDA
expires, the County will continue to fund this through CDT proceeds through
2048;
. Confirms the date of 2048 for the termination of the agreement, at which time the
City may negotiate for additional subsidy.
Redevel o p m ent Agency ( RDA) I nterlocal Agreem ent
An amendment to the Redevelopment Agency (RDA) lnterlocal Agreement and RDA
Plan Amendment consistent with the terms of the negotiated MOI is a separate item on
this agenda.
CONCLUSION
As such, the Administration recommends adopting the Proposed Amendments to the
CDT lnterlocal Agreement.
&
JLM/KqB/MS
Attachment
T:\AGENDA\2014\November\TCED\CDT lnterlocal Amendment Commission memo.doc
600
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602
603
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND GITY CLERK TO EXECUTE AN AMENDED AND RESTATED
INTERLOCAL COOPERATION AGREEMENT, AMENDING AND
RESTATING IN ITS ENTIRETY THE 1996 INTERLOGAL COOPERATION
(couNTY) AND THE C!TY, AS AMENDED (COLLECTIVELY, THE 1996
TNTERLOCAL), REGARDING THE USE AND DtSpOStTtON OF THE
TWO/THIRDS PORTION OF THE CONVENTION DEVELOPMENT TAX.
WHEREAS, the County and the City previously entered into certain interlocal
agreements, including the 1996 lnterlocal Cooperation Agreement, dated June 21, 1996,
between the County and the City, as amended by Amendment One to the lnterlocal
Cooperation Agreement, dated April 24, 2001 ("Amendment One"), the First Addendum to
Amendment One, dated May 22,2001 (the "Addendum to Amendment One"), and the Second
Amendment to the lnterlocal Cooperation Agreement, dated March 23, 2004 ("Amendment
Two") (collectively, the "1996 lnterlocal"), regarding the use and disposition of the two thirds
(2/3) portion ("Two Thirds Portion") of the tax imposed by the County on the exercise within its
boundaries of the taxable privilege of leasing or letting transient rental accommodations at the
rate of three percent (3%) of the total consideration charged for such accommodations,
authorized pursuant to Section 212.0305(4)(b), Florida Statutes, and imposed pursuant to the
County Code and Ordinances ("Convention Development Tax" or "CDT"); and
WHEREAS, the City and the County now wish to enter into an Amended and Restated
lnterlocal Cooperation Agreement, which would supersede and replace the 1996 lnterlocal; and
WHEREAS, the Amended and Restated lnterlocal Cooperation Agreement, attached and
incorporated as Exhibit "A" hereto, provides, in pertinent part, for:
(i) payments from the County to the City of certain funds for capital projects within the City
Center/Historic Convention Village Redevelopment and Revitalization Area (the "City Center
RDA"), as well as for other CDT and resort tax eligible projects, as determined by the City;
(ii) payments from the County to the City relating to the former South Pointe
Redevelopment Agency (South Pointe RDA) geographic area;
(iii) the deferral of certain payments due from the County in Fiscal Year 2014115 and Fiscal
Year 2015116;
(iv) the continued payment from the County of an annual operating and maintenance
subsidy for the Miami Beach Convention Center in the amount of $4.5 million; and
(v) up to $1.5 million per year toward eligible CDT prolects to incentivize the development of
a new Convention Center headquarters hotel at or near the Convention Center, payable once
the new hotel is built and is generating new bed taxes; and
WHEREAS, upon the City's approval of this Amended And Restated lnterlocal
Cooperation Agreement, the Agreement will be transmitted to the County, for consideration and
approval by the Board of County Commissioners.
604
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 an Amended
And Restated lnterlocal Cooperation Agreement, attached hereto as Exhibit "A," amending and
restating in its entirety the 1996 lnterlocal Cooperation Agreement, dated June 21, 1996,
between Miami-Dade County (County) and the City, as amended (collectively, the 1996
lnterlocal), regarding the use and disposition of the Two/Thirds Portion of the Convention
Development Tax.
PASSED and ADOPTED this
ATTEST:
2014.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\October\October 29\TCED\CDT lnterlocal Amendment Commission Reso.doc
day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\u - z \- t k
Date
605
THIS PAGE INTENTIONALLY LEFT BLANK
606
COMMISSION ITEM SUMMARY
Condensed Title:
Street As "Collins Park North."
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving By 5/7'" Vote,
Following A Duly Noticed Public Hearing, The Co-Designation Of 21'' Street As "Collins Park South" And 22no
Item Summary/Recommendation :
At its June 18, 2013 meeting, the Collins Park Neighborhood Association (CPNA) passed a motion proposing the
co-designation of 21st Street and 22nd Street between Washington Avenue and Miami Beach Drive as "Collins
Park South" and "Collins Park North", respectively. At the October 28. 2013 meeting, the
Neighborhood/Community Affairs Committee (NCAC) discussed the CPNA request. The Committee passed a
motion directing the Administration to develop specific language and guidelines pertaining to the co-naming of
streets and to bring the item to City Commission for consideration of a potential amendment to the City Code.
Atthe December 11,2013 Commission meeting, the Commission approved Resolution 2013-28429, accepting
the recommendation of the NCAC, that the Administration develop criteria for the co-naming of streets. Based on
this motion, various modifications to Article Vl of Chapter 22 of the City Code (Naming of Public Facilities and
Establishments of Monuments or Memorials) were approved on first and second reading at the May 2'l,2014 and
June 1 1,2O14 City Commission meetings, respectively.
The co-naming of 21st Street and 22nd Street as "Collins Park South" and "Collins Park North", respectively, was
discussed and approved at the NCAC on September 24, 2014.A1the October 22, 2014 meeting, the City
Commission accepted the recommendation of the NCAC and adopted a resolution to set a duly noticed public
hearing for November 19,2014 to discuss the proposed co-designation.
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No. 2014-3875.
Pursuant to City Commission's direction, City staff communicated with the County Traffic Signals and Signs
Division to obtain information on cost and standard of installation of co-designation signs. As standard the County
only places ground mounted signs and internally illuminated co-designation street name signs outside of state
roads however, the County has expressed that if the Florida Department of Transportation approves the
installation of the co-designation signs on Collins Avenue, the County will include it in the installation project.
The County also expressed concerns with the current co-designation along 21st Street from Washington Avenue
to Collins Avenue. Given the height of the overhead intemally illuminated street name signs (24 inches) and the
minimum required lettering height standards, the installation of three (3) names in the same intemally illuminated
street name signs is not feasible, however, ground-mounted signs displaying the "Collins Park South" co-
designation can be accommodated at signalized intersections.
The cost for the installation of the twelve (12) signs required for the co-designation of 21st Street and 22nd Street
between Washington Avenue and Collins Avenue is approximately $3,000. Funding has not been budgeted for
this project, however, if the item is sponsored and placed on the Board of County Commissioners agenda by the
District's County Commissioner, the installation of the co-designation street name signs would be at no cost to the
City. lf the co-designation is not sponsored by the District's County Commissioner, the City will allocate the funds
required for replacement of the existing signs.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
AGE$IDA IIW,T R1 C
Supporting Data (Surveys, Environmental Scan, etc.)
At the September 24,2014 Neighborhood/Community Affairs Committee meeting, the NCAC passed a motion
Financial I nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial !mpact Summary:
The estimated cost for installation of the co-designation signs by the County is $3,000. Funding has not been
budqeted for this oroiect.
Jose R. Gonzalez, P.E. Ext.6768
Of 21st Sheet As Collins Park Soyth
MIAMIBEACH EffiE fl-10-lv607
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip a"r'n":n1lt/embers ol,n" city dommission
Jimmy L. Morales, City Manager
l= u, \- -
TO:
FROM:
r, PUBLTC HEARTNG
SUBJECT: A RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAM!
BEACH, FLORIDA, APRROVING BY 5/7th VOTE, FOLLOWING A DULY NOTICED
PUBLIC HEARING, THE CO.DESIGNATION OF 21ST STREET AS "COLLINS PARK
SOUTH" AND 22ND STREET AS "COLLINS PARK NORTH".
The co-naming of 21't Street and 22"d Street as "Collins Park South" and "Collins Park North",
respectively, was discussed and approved at the Neighborhood/Community Affairs Committee
(NCAC) on September 24, 2014. The recommendation from the NCAC was approved by City
Commission at its meeting on October 22,2014 and a Public Hearing was set for November 19,
2014.
BACKGROUND
At its June 18, 2013 meeting, the Collins Park Neighborhood Association (CPNA) passed a
motion proposing the co-designation of 2ft Street and 22nd Street between Washington Avenue
and Miami Beach Drive as "Collins Park South" and "Collins Park North", respectively
(Attachment). Since 22nd Street terminates into Washington Court, co-designation of
Washington Court from Washington Avenue to 22nd Street would also be required to effectuate
this request. The CPNA is requesting this co-designation in preparation for the 100th anniversary
of Collins Park and to give more recognition and exposure to the neighborhood. At the time, the
CPNA submitted the request to the City via the Mayor's office.
At the Neighborhood/Community Affairs Committee (NCAC) meeting on October 28,2013, the
NCAC discussed the request from the CPNA. !t is worth noting that 21st Street is currently co-
designated as Jos6 Marti Street. This co-designation was approved by the City Commission in
1994 via Resolution No.94-21216. At the NCAC meeting, the Committee passed a motion
directing the Administration to develop specific language and guidelines pertaining to the co-
naming of streets and to bring the item to City Commission for consideration of a potential
amendment to the City Code.
At its December 1 1, 2013 Commission meeting, the City Commission approved Resolution No.
2013-28429, accepting the recommendation of the NCAC, that the Administration develop
criteria for the co-naming of streets. Based on this motion, various modifications to Article Vl of
Chapter 22 of the City Code (Naming of Public Facilities and Establishments of Monuments or
Memorials) were approved on first and second reading at the May 21, 2014 and June 11, 2014
City Commission meetings, respectively.
608
Commission Memorandum -Co-Designation of 21s Sfreef as "Cotlins Park South" and 2/d Street "Cotlins Park North"
November 19, 2014
Page 2 of 2
The co-naming of 21st Street and 22nd Street as "Collins Park South" and "Collins Park North",
respectively, was discussed and approved at the NCAC on September 24,2014. At its October
22, 2014 meeting, the City Commission accepted the recommendation of the NCAC and
adopted a resolution to set a duly noticed public hearing for November 19, 2014to discuss the
proposed co-designation. Since both proposed co-designations have the eastern terminus at
Collins Avenue, the County would not install internally illuminated co-designation street name
signs at those locations.
ANALYSIS
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No.
2014-3875. Pursuant to direction from City Commission, City staff has communicated with
Miami-Dade County's Traffic Signals and Signs Division to obtain information on cost and
standard of installation of co-designation signs. As a matter of practice, the County only places
ground-mounted signs and internally illuminated co-designation street name signs on non-state
roads, however, the County has expressed that if the Florida Department of Transportation
approves the installation of the co-designation signs on Collins Avenue, the County will include
it in the installation project.
The County also expressed concerns with the current co-designation along 21st Street from
Washington Avenue to Collins Avenue. Given the height of the overhead internally illuminated
street name signs (24 inches) and the minimum required lettering height standards, the
installation of three (3) names in the same internally illuminated street name signs is not
feasible, however, ground-mounted signs displaying the "Collins Park South" co-designation can
be accommodated at signalized intersections.
The cost for the installation of the twelve (12) signs required for the co-designation of 21st
Street and 22nd Street between Washington Avenue and Collins Avenue is approximately
$3,000. Funding has not been budgeted for this project, however, if the item is sponsored and
placed on the Board of County Commissioners agenda by the District's County Commissioner,
the installation of the co-designation street name signs would be at no cost to the City. lf the co-
designation is not sponsored by the District's County Commissioner, the City will allocate the
funds required for replacement of the existing signs.
REGOMMENDAT!ON
Pursuant to Ordinance No. 2014-3875, based on the recommendation by the NCAC and
following the duly noted public hearing, the Administration recommends that the City
Commission approve the co-designation of 21"t Street and 22nd Street as "Collins Park South"
and "Collins Park North", respectively.
fltachment: Map of Proposed Co-Naming
fiB,,iti,,,
T:\AGENDA\2014\NovembeAResolution Approving The Co-Designation Of 21st Street As Collins Park South And 22nd Street As
Collins Park North MEMO.docx
609
Attachment
I
t
II
'l .
_ t"*.::
d"
T'# itR
{ri i.i ji$
610
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7th VOTE, FOLLOWING A
DULY NOTICED PUBLTC HEARING, THE GO-NAMING OF 21ST STREET
BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE AS "COLLINS
PARK SOUTH'' AND THE CO.NAMING 22NO STREET BETWEEN
WASHINGTON COURT AND COLLINS AVENUE AS "COLLINS PARK
NORTH.''
WHEREAS, the Collins Park Neighborhood Association (CPNA) passed a motion
proposing the co-naming of 21st Street and 22nd Street, between Washington Avenue and
Miami Beach Drive, as "Collins Park South" and "Collins Park North", respectively, on June 18,
2013; and
WHEREAS, pursuant to Resolution No. 94-21216, adopted in 1994, 21't Street was co-
named as Jose Marti Street; and
WHEREAS, at the October 28, 2013 Neighborhood/Community Affairs Committee
(NCAC) meeting, the NCAC discussed the request from the CPNA and passed a motion
directing the Administration to develop specific language and guidelines pertaining to the co-
naming of streets and to bring the item to City Commission for consideration of a potential
amendment to the City Code; and
WHEREAS, at its December 11,2013 meeting, the City Commission approved
Resolution No. 2013-28429, accepting the recommendation of the NCAC, that the
Administration develop criteria for the co-naming of streets; and
WHEREAS, based on this motion, various modifications to Article Vl of Chapter 82 of
the City Code (Naming of Public Facilities and Establishments of Monuments or Memorials)
were approved on first and second reading at the May 21,2014. and June 11,2014 City
Commission meetings, respectively; and
WHEREAS, pursuant to the process established in Ordinance No. 2014-3875, the co-
naming of 21st Street and 22nd Street as "Collins Park South," and "Collins Park North,"
respectively, was discussed and approved at the NCAC on September 24,2014; and
WHEREAS, at its October 22, 2014 meeting, the City Commission accepted the
recommendation of the NCAC and adopted a Resolution to set a duly noticed public hearing for
November 19,2014 to discuss the proposed co-naming; and
WHEREAS, the City has communicated with Miami-Dade County's Traffic Signals and
Signs Division to obtain information on cost and standard practice for installation of co-naming
signs; and
WHEREAS, the cost for the installation of the twelve (12) signs required for the co-
naming of 21st Street, between Washington Avenue and Collins Avenue, and 22nd Street,
between Washington Court and Collins Avenue, is approximately $3,000; and
WHEREAS, funding has not been budgeted for this project; and
611
WHEREAS, if the co-namings are sponsored and placed on the Board of County
Commissioners agenda by the District's County Commissioner, the installation of the street
signs co-naming 21't Street and 22nd Street would be at no cost to the City; and
WHEREAS, if the co-namings are not sponsored by the District's County Commissioner,
the City will identify the funds required for replacement of the existing signs.
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, by a 5/7ths vote, following a duly noticed public hearing, the co-
naming of 21't Street, between Washington Avenue and Collins Avenue, as "Collins Park
South," and the co-naming of 22"d Street, between Washington Court and Collins Avenue, as
"Collins Park North."
PASSED and ADOPTED this
ATTEST:
day of November, 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
T:\AGENDA\2O14\November\Transportation\Resolution Approving The Co-Designation Of 21st Street As Collins Park South And
22nd Street As Collins Park North RESO.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving By
5/7th Vote, Following A Duly Noticed Public Hearing, The Co-Designation Of 24Ih Street Between
Pine Tree Drive And inoo Drive As "Women's Club Wav."
Item Summary/Recommendation :
City Commission approved modifications to Article Vl of Chapter 22 of the City Code (Naming of Public
Facilities and Establishments of Monuments or Memorials) on first and second reading at the May 21,2014
and June 11,2014 City Commission meetings, respectively. Given the historical significance of the
Women's Club of Miami Beach to the history of our City, The NCAC passed a motion approving the request
to co-designate 24th Street between Pine Tree Drive and Flamingo Drive as 'Women's Club Way" at its
September 24, 201 4 meeting.
At the October 22,2014 meeting, the City Commission accepted the recommendation of the NCAC and
adopted a resolution to set a duly noticed public hearing for November'19, 2014 lo discuss the co-
designation of 24lh Street between Pine Tree Drive and Flamingo Drive as 'Women's Club Way".
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No. 2014-3875.
Pursuant to direction from the City Commission, City staff has communicated with Miami-Dade County's
Traffic Signals and Signs Division to obtain information on cost and standard of installation of co-
designation signs. The County only places ground-mounted signs and internally illuminated co-designation
street name signs on non-state roads, however, the County has expressed that if the Florida Department of
Transportation approves the installation of the co-designation signs on Collins Avenue, the County will
include it in the installation project. Following approval by Miami-Dade County Commission, the cost to the
City for the installation of the five (5) signs required for the co-designation of 24th Street between Pine Tree
Drive and Flamingo Drive would be approximately $1300. Funding has not been budgeted for this project,
however, if the item is sponsored and placed on the Board of County Commissioners agenda by the
District's County Commissioner, the installation of the co-designation street name signs would be at no cost
to the City. lf the co-designation is not sponsored by the District's County Commissioner, the City will
allocate the funds required for replacement of the existing signs.
Pursuant to Ordinance No. 2014-3875, based on the recommendation by the NCAC and following the duly
noted public hearing, the Administration recommends that the City Commission approve the co-designation
of 24lh Street between Pine Tree Drive and Flamingo Drive as 'Women's Club Way".
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
T:\AGE NDA\201 4\Novem ber\Resolution
Drive As Women's Club Way SUMM.do
Supporting Data (Surveys, Environmental Scan, etc.)
The co-naming of 24th Street between Pine Tree Drive and Flamingo Drive as "Women's Club Way''
was discussed and approved at the September 24, 2014 Neighborhood/Community Affairs
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
The estimated cost for installation of the signs by the County is $1,500. Funding has not been budgeted for this
oroiect,
Jose R. Gonzalez, P.E. Ext. 6768
Si
Department Director Assistant Cityrllanager City I rdBr
JRG \iz6 KGB ''h JLM t
As Women's Club Way
lesolution Approving The
SUMM.docx
Flamingo
MIAMIBTACH AGE}IDAITEM N7D
D^rc lFlq- l(/615
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Memb"r, [t the City'Commission
FRoM: Jimmy L. Morales, City Manager /*--- I
DATE: November 19,2014 t t
I PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING BY 5I7TH VOTE, FOLLOWING A DULY
NOTICED PUBLIC HEARING, THE CO.DESIGNATION OF 24TH STREET
BETWEEN PINE TREE DRIVE AND FLAMINGO DRIVE AS "WOMEN'S CLUB
wAY".
BACKGROUND
At its December 11,2013 meeting, the City Commission approved Resolution 2013-28429,
accepting the recommendation of the Neighborhood/Community Affairs Committee (NCAC),
that the Administration develop criteria for the co-naming of streets. Based on this motion,
various modifications to Article Vl of Chapter 22 of the City Code (Naming of Public Facilities
and Establishments of Monuments or Memorials) were approved on first and second reading at
the May 21 , 2014 and June 11 , 2014 City Commission meetings, respectively.
The new ordinance (Ordinance No. 2014-3875) prescribes that whenever the co-naming of a
street or portion thereof, within the City of Miami Beach is requested, the co-naming shall first
be approved by the NCAC. Given the historical significance of the Women's Club of Miami
Beach to the history of our City, The NCAC passed a motion, at its September 24, 2014
meeting, approving the request to co-designate 24th Street between Pine Tree Drlve and
Flamingo Drive as "Women's Club Way''
At its October 22, 2014 meeting, the City Commission accepted the recommendation of the
NCAC and adopted a resolution to set a duly noticed public hearing for November 19, 20141o
discuss the co-designation of 24th Street between Pine Tree Drive and Flamingo Drive as
"Women's Club Way".
ANALYSIS
MIAMIBEACH
City of Miqmi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
Pursuant to direction from the City Commission, City staff has communicated with Miami-Dade
County's Traffic Signals and Signs Division to obtain information on cost and standard of
installation of co-designation signs. As a matter of practice, the County only places ground-
mounted signs and internally illuminated co-designation street name signs on non-state roads,
however, the County has expressed that if the Florida Department of Transportation approves
the installation of the co-designation signs on Collins Avenue, the County will include it in the
616
Commission Memorandum - Co-Designation of 24n Street Between Pine Tree Drive and Flamingo Drive as
'Women's ClubWay"
November 19, 2014
Page 2 of 2
installation project. The cost for the installation of the five (5) signs required for the co-
designation of 24th Street between Pine Tree Drive and Flamingo Drive would be approximately
$1300. Funding has not been budgeted for this project; however, if the item is sponsored and
placed on the Board of County Commissioners agenda by the District's County Commissioner,
the installation of the co-designation street name signs would be at no cost to the City. lf the co-
designation is not sponsored by the District's County Commissioner, the City will allocate the
funds required for replacement of the existing signs.
Staff has determined that this co-naming request meets the criteria set forth in Ordinance No.
2014-3875.
RECOMMENDATION
Pursuant to Ordinance No. 2014-3875, based on the recommendation by the NCAC and
following the duly noted public hearing, the Administration recommends that the City
Commission approve the co-designation of 24tn Street between Pine Tree Drive and Flamingo
Drive as "Women's Club Way" by a 5/7th vote.
ffftachment: Map of Proposed Co-Naming
ff.#&,,,o
617
Aftachment
618
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CTY
OF MIAMI BEACH, FLORIDA, APPROVING, BY 5/7TH VOTE, FOLLOWING A
DULY NOTICED PUBLIC HEARING, THE CO.NAMING OF 24fH STREET,
BETWEEN PINE TREE DRIVE AND FLAMINGO DRIVE, AS "MIAMI BEACH
WOMEN'S CLUB WAY."
WHEREAS, at the September 24, 2014 NeighborhoodiCommunity Affairs Committee
meeting, the Committee passed a motion approving the recommendation to co-name 24th
Street, between Pine Tree Drive and Flamingo Drive, as "Miami Beach Women's Club Way";
and
WHEREAS, at its October 22, 2014 meeting, the City Commission accepted the
recommendation of the NCAC and adopted a Resolution setting a duly noticed public hearing
for November 19, 2014 to consider the subject co-naming; and
WHEREAS, City staff has determined that this co-naming request meets the criteria set
forth in Section 82-503(c) of the City Code; and
WHEREAS, the City Administration has communicated with Miami-Dade County's
Traffic Signals and Signs Division to obtain information on cost and standard practice for
installation of co-designation signs; and
WHEREAS, the cost for the installation of the four (4) signs required for the co-naming is
approximately $1,300; and
WHEREAS, funding has not been budgeted for this project; and
WHEREAS, if the co-naming is sponsored and placed on the Board of County
Commissioners agenda by the District's County Commissioner, the installation of the co-naming
street name signs would be at no cost to the City; and
WHEREAS, if the co-naming is not sponsored by the District's County Commissioner,
the City will identify the funds required for replacement of the existing signs to reflect the co-
naming.
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, by a 5/7ths vote, and following a duly noticed public hearing, the
co-naming of 24th Street, between Pine Tree Drive and Flamingo Drive, as "Miami Beach
Women's Club Way."
PASSED and ADOPTED this
ATTEST:
day of November,2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
&foAEXEQUTION
iilJD*,V -tlt)1 r+
@
Rafael E. Granado, City Clerk
619
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g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive,
www. miamibeachfl.gov
Miami Beach, Florida 33139,
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Memberspf the City Commission
FROM: Jimmy L. Morales, City Ma
Raul Aguila, City Attorney
DATE: November 19,2014
SECOND READING
PUBLIC HEARING
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, APPROVING, FOLLOWING SECOND READING/PUBLIC
HEARING A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION
118-4 0F THE CITY CODE, AND SECTTONS 163.3220 163.3243, FLORTDA
STATUTES, BETWEEN THE CITY AND 8701 COLLINS DEVELOPMENT, LLC
("8701"), WHICH DEVELOPMENT AGREEMENT: (1) MEMORIALIZES THE
CONDITIONS FOR VACATING THE CITY'S RIGHT OF WAY AT 87TH TERRACE
EAST OF COLLINS AVENUE ("C!ry PARCEL"I; Ql GRANTS TO THE CITY A
PERPETUAL PEDESTRIAN ACCESS EASEMENT ACROSS A PORTION OF THE
VACATED CITY PARCEL; (3) ENSURES THE PAYMENT TERMS FOR 8701'5
PAYMENT OF A VOLUNTARY MONETARY CONTRIBUTION, IN THE AMOUNT OF
$10.5 MILLION DOLLARS, TO BE USED BY THE CITY FOR PUBLIC PURPOSES;
AND (4) DELINEATES THE CONDITTONS FOR THE CONSTRUCTTON OF THE
PROJECT LOCATED AT 8701 COLLINS AVENUE AS A HOTEL AND/OR
RESIDENTIAL CONDOMINIUM SITE.
On September 17th, 2014, after second reading public hearing, the City
Commission approved Resolution No. 2014-28754, and shall be referred to as the
"Vacation Resolution", approving with conditions, the vacation of a 50 foot wide right-of-
way, running from Collins Avenue, east 360 feet to Tract "A", currently known as 87th
Terrace (hereinafter "City Parcel") in favor of 8701 Collins Development, LLC ('8701').
ln contemplation of the hotel, condo-hotel and/or residential condominium
Project, 8701 is required to enter into a Development Agreement with the City pursuant
to Sections 163.3220 - 163.3243, Florida Statutes ("Development Agreement") to
memorialize the terms and conditions of the Project, including the vacation of the City
Parcel, and any other conditions imposed by the City Commission. The material
provisions of the attached Development Agreement include:
Asenda,:ru#4f
621
Development Agreement with 8701 Collins Avenue LLC, Second Reading - Public Hearing
November 19, 2014 Page 2 ol 3
The zoning district requirements for the RM-2 district and permitted uses for the
site. The City is also provided the right to enforce certain "quality of life" issues
and laws that may be enacted after execution of the Development Agreement.
Payment terms for the voluntary public contribution (hereinafter the "Voluntary
Contribution") of $10.5 Million to the City in connection with the vacation of the
City Parcel. All funds shall be allocated to public projects in North Beach, as
shall be determined by the City Commission, in its sole and reasonable
discretion. On October 29,2014, the City Commission enacted Resolution 2014-
28815, which accepted the recommendation of the Finance and Citywide
Projects Committee with respect to disposition of the Voluntary Contribution.
8701 will make the first payment, in the amount of $1,000,000, within ten (10)
business days following the City Commission's final approval of the Development
Agreement. This payment will be non-refundable.
8701 will apply for a full building permit for the Project, using commercially
reasonable efforts, no later than February 19, 2016.
8701 will pay the City $4.5 million on the earlier of: (i) within ten (10) business
days of the issuance of a full building permit for the Project, or (ii) November 19,
2016. The actual vacation of the City Parcel shall be effective as of the date the
8701 makes the $4.5 million payment. The $4.5 million payment shall be non-
refundable.
8701 will pay the remaining $5 million in four (4) equal payments of $1.25 million
every six (6) months starting on the earlier of: (i) six (6) months after the City's
issuance of the full building permit for the Project, or (ii) May 19,2017; provided,
however, that the entire amount remaining to be paid shall be paid ten (10) days
prior to the issuance of a temporary certificate of occupancy (TCO) or certificate
of occupancy (CO), whichever comes first, for the Project. The City may
condition and withhold the issuance of the TCO or CO for the Project upon full
and final payment of the remaining balance of the Voluntary Contribution. The $5
million payment shall also be non-refundable. Please note, that a condition of
the vacation resolution was that should litigation ensue, the City, at its option,
could return the final $5,000,000 payment and rescind the vacation of 87th
Terrace. This became a financing issue for developer. The term was modified to
reflect that the final $5,000,000 payment is nonrefundable. Either way, 8701 is to
indemnify and hold the City harmless, and pay for counsel of the City's choice
should there be litigation relating to the Development Agreement.
Conditions for transfer to the City a perpetual public pedestrian access easement
over a portion of the City Parcel (vacated ROW), in order to provide beach
access to the public (the "City Easement"). The proposed easement shall be
held in escrow, pending closing on the Development Agreement, and the
conditions relating to same. 8701 shall provide $350,000 towards the
construction of the City's easement area.
The maintenance agreement for 87th Street is an exhibit to the Development
Agreement and includes a voluntary proffer by the developer of $750,000, in hard
costs, towards the development of the street.
A preclusion from 8701 in assigning or transferring its rights under the
622
Development Agreement with 8701 Collins Avenue LLC, Second Reading - Public Hearing
November 19, 2014 Page 3 ot 3
Development Agreement until after the earlier of (i) issuance of a Certificate of
Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary
Contribution.. Reimbursement by 8701 of City's outside counsel costs in preparing the
Development Agreement. The City Attorney has hired Stacy H. Krumin, of
Squire Patton Boggs (US) LLP, to assist with the expedited drafting of the
Development Agreement.
The City Attorney's Office and the City Manager's Office received red-lined
comments to the attached Development Agreement during the evening of October 27,
2014. During the October 29, 2014 City Commission meeting, following a duly noticed
public hearing, the City Commission approved the draft Development Agreement on first
reading (Resolution No. 2014-28814). Thereafter, the City Attorney and 8701
negotiated the final terms of the Development Agreement (attached).
The City has complied with all notice requirements of Section 118-4 and Section
1 63.3225, Florida Statutes.
Recommendation:
The City Manager and City Attorney's Office recommends that the City
Commission approve the Resolution and the attached Development Agreement, after
second reading/public hearing; and authorize the Administration and the City Attorney's
Office to proceed to Closing on the Development Agreement.
623
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, APPROVING, FOLLOWING SECOND READING/PUBLIC
HEARING A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER
sEcfloN 118-4 0F THE CITY CODE, AND SECTTONS 163.3220 - 163.3243,
FLORIDA STATUTES, BETWEEN THE CITY AND 8701 COLLINS
DEVELOPMENT, LLC ("8701"), WHICH DEVELOPMENT AGREEMENT: (1)
MEMORIALIZES THE CONDITIONS FOR VACATING THE GITY'S RIGHT OF
WAY AT 87TH TERRACE EAST OF COLLINS AVENUE ("CITY PARCEL"); (2)
GRANTS TO THE CITY A PERPETUAL PEDESTRIAN ACCESS EASEMENT
ACROSS A PORTION OF THE VACATED CITY PARCEL; (3) ENSURES THE
PAYMENT TERMS FOR 8701'S PAYMENT OF A VOLUNTARY MONETARY
CONTRIBUTION, IN THE AMOUNT OF $10.5 MILLION DOLLARS, TO BE
USED BY THE Clw FOR PUBLIC PURPOSES; AND (4) DELINEATES THE
CONDITIONS FOR THE CONSTRUCTION OF THE PROJECT LOCATED AT
8701 COLLINS AVENUE AS A HOTEL AND/OR RESIDENTIAL
CONDOMINIUM SITE.
WHEREAS, on September 17t^,2014, after second reading public hearing, the City
Commission approved Resolution No. 2014-28754, attached and incorporated as Exhibit "A"
hereto and also referred to as the "Vacation Resolution", approving, with conditions, the
vacation of a 50 foot wide right-of-way, running from Collins Avenue, east 360 feet to Tract "A",
currently known as 87th Terrace (hereinafter "City Parcel"), in favor of 8701 Collins
Development, LLC ("8701"); and
WHEREAS, 8701 owns the Dezerland Hotel, located at 8701 Collins Avenue
(hereinafter the "Property"), which is located to the south of and adjacent to the City Parcel, and
intends to redevelop the Property, together with the parking lot located on the north half of the
Property and portions of the City Parcel, into a hotel, condo-hotel, and/or residential
condominium (hereinafter the "Project"); and
WHEREAS, in contemplation of this Project, 8701 will be seeking to enter into a
development agreement with the City pursuant to Sections 163.3220 - 163.3243, Florida
Statutes ("Development Agreement") to memorialize certain terms and conditions pertaining to
the development of the Project, including the vacation of the City Parcel, and any other
conditions imposed by the City Commission; and
WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, and Section 118-4 of the
City's Code require two public hearings on the Development Agreement; and
WHEREAS, the City and 8701 have negotiated the attached Development Agreement
which provides, amongst other things, the following terms and conditions:
a. 8701 shall make a voluntary public contribution (hereinafter the "Voluntary
Contribution") of $10,5 Million to the City in connection with the vacation of the City
Parcel, with such funds to be payable in accordance and subject to the terms of the
Development Agreement.
b. 8701 shall develop and construct the Project consistent with the RM-2 zoning
regulations and the terms of the Development Agreement;
624
c. 8701 shall transfer to the City a perpetual public pedestrian access easement over a
portion of the City Parcel, subject to the review and approval of City staff, not to be
unreasonably withheld, in order to provide beach access to the public (the "City
Easement");
d. the City Easement shall be improved as part of the Project and shall be open to
the public and no later than the date a TCO or CO (whichever comes first) is issued for
the Project. 8701 shall be solely responsible forall costs and work associated with the
improvement (including, without limitation, the planning, permitting or construction) of the
vacated City Parcel, as part of the Project including, but not limited to resurfacing,
drainage, landscaping, hardscaping, sidewalks, irrigation, signage, beach access
signage, lighting, design and construction of the City Easement;
e. 8701 shall be responsible for the safety, security and maintenance of the City
Easement;
f. 8701 will enter into a Maintenance Agreement for the 87th Street City right-of-way,
allowing 8701 to develop, maintain, pave, drain, light, landscape and install street
furniture along this right-of-way in order to open the road to pedestrian traffic;
g. except as to involuntary transfers (as shall be defined in the Development
Agreement and which will include, without limitation, foreclosure transfers and transfers
in lieu of foreclosure), 8701 shall not be entitled to assign or transfer its rights under the
Development Agreement until after the earlier of (i) issuance of a Certificate of
Occupancy ("CO") for the Project, or (ii) the payment of all of the Voluntary Contribution.
Any such transferee shall assume all remaining obligations of 8701 under the
Development Agreement including, without limitation, (i) 8701's obligation to grant and
improve the City Easement and (ii) to improve the 87th Street right-of-way; provided,
however, that as to subsection (ii) the City may, at its sole discretion, elect not to
proceed with, or terminate (as the case may be) the Maintenance Agreement for the
87th Street right-of-way;
h. 8701 shall reimburse the City for any attorney's fees incurred by the City for
outside counsel's review and negotiation of the Development Agreement, including
related agreements, not to exceed reasonable amounts, as mutually agreed upon by the
Parties (which counsel shall be selected and approved by the City Attorney); and,
WHEREAS, following a duly noticed public hearing on October 29, 2014, the City
Commission approved the Development Agreement on first reading, pursuant to Resolution No.
2014-28814.
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, following second reading/public hearing, a Development
Agreement as authorized under Section 118-4 of the City Code, and Sections 163.3220 -
163.3243, Florida Statutes, between the City and 8701 Collins Development, LLC ("8701"),
which Development Agreement (1) memorializes the conditions for vacating the City's Right Of
Way at 87th Terrace east of Collins Avenue ("City Parcel"); (2) grants to the City a perpetual
pedestrian access easement across a portion of the Vacated City Parcel; (3) ensures the
payment terms for 8701's payment of a Voluntary Monetary Contribution, in the amount of $10.5
625
million dollars, to be used by the City for public purposes; and (4) delineates the conditions for
the construction of the Project located at 8701 Collins Avenue as a hotel and/or residential
condominium site.
PASSED and ADOPTED this day of November, 2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
626
This instrument was prepared by (record
Jeffrey Bercow, Esq
Bercow Radell & Fernandez,P.A.
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
(30sl377-6220
and return to):
(Space reserved for Clerk)
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of the
day of 2074, by and among the CITY OF MIAMI BEACH, a Florida
municipal corporation (the "City"), and 8701 COLLINS DEVELOPMENT LLC, a Delaware limited
liability company (the "Owner"):
lntroduction
A. The property that is the subject of this Agreement lies in Miami Beach, Miami-
Dade County, Florida. This Agreement, among other things, is intended to and shall constitute
a development agreement between the parties pursuant to Sections 153.3220-763.3243,
Florida Statutes, the "Florida Local Government Development Agreement Act" and Section 1L8-
4 of the City's Code.
B. The Owner owns the property located at 8701 Collins Avenue, Miami Beach,
Florida (the "Property") and intends to redevelop the Property with a hotel and/or residential
development substantially in accordance with the provisions contained in this Agreement.
C. The City is desirous of improving 87th Street which abuts the Property to the
south, and 87th Terrace, which abuts the Property to the north, and has agreed to vacate the
public right-of-way on 87th Terrace and enter into a maintenance agreement with Owner for
87th Street in order to enhance access to the beach and improve the aesthetics of the area.
285861/9/TAMPA
627
D. The City wishes to obtain from the Owner, and Owner is willing to grant, a
permanent pedestrian access easement over 87th Terrace, to provide the public with pedestrian
access from Collins Avenue to the beach.
E. Pursuant to City Resolution No. 2014-28754 (the "Vacation Resolution"), the City
approved the vacation of 87th Terrace, subject to and conditioned upon the terms and
conditions contained in such Vacation Resolution, including, without limitation, (1) the grant by
the Owner to the City of the 87th Terrace Easement; (2) the Owner and City entering into the
maintenance agreement for 87th Stree! (3) the Owner's commitment to expend funds and
prepare the 87th Street Plans and the 87th Terrace Plans at the Owner's expense; (a) the
Owner's commitment to expend funds and construct the 87th Street lmprovements and the 87th
Terrace Easement lmprovements at the Owner's expense; and (5) the Owner's commitment to
provide the City with a voluntary monetary contribution of 510,500,000 (the "Voluntary
Contribution")to be allocated as described in SectionT of this Agreement.
F. The City is a Florida municipal corporation with powers and authority conferred
under the Florida Constitution, the Municipal Home Rule Powers Act, Florida Statutes and the
Miami Beach City Charter and Code of Ordinances. The City has all governmental, corporate
and proprietary powers to enable it to conduct municipal government, perform municipal and
governmental functions, and render municipal services, including the authority to adopt,
implement and enforce (together with any other required governmental approvals)
comprehensive plans, zoning ordinances, redevelopment plans, and other police power and
legislative measures necessary to assure the health, safety and general welfare of the City and
its inhabitants.
G. Having fully considered this Agreement at two duly noticed public hearings in
compliance with Section L63.3225 of the Act; having determined that the Project and this
Agreement are in compliance with the City's Comprehensive Plan and Land Development
Regulations as of the Effective Date; and having further determined that it is in the City's best
interest to address the issues covered by this Agreement in a comprehensive manner, in
compliance with all applicable laws, ordinances, plans, rules and regulations of the City, the
City has agreed to enter into this Agreement with the Owner.
H. The City has determined that the Project, the 87th Street and 87th Terrace
Easement lmprovements, and the Voluntary Contribution will benefit the City and the public.
The Project and the 87th Street and 87th Terrace Easement lmprovements will improve a
northern entrance to the City and a significant North Beach location. The Project is compatible
with the area and will serve as a catalyst in the City's continuing efforts to revitalize the North
Beach area. The 87th Street lmprovements and the 87th Terrace Easement lmprovements will
28586'l/9/TAMPA
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renovate and beautify the northern end of North Shore Open Space Park and provide public
pedestrian access to the beach.
l. All capitalized terms used in this lntroduction are defined in Section 3 or
elsewhere in this Agreement.
NOW, THEREFORE, in consideration of the foregoing, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereby-agree as fol lows:
1. Recitations. The foregoing recitations are true and correct and are incorporated
herein by this reference.
2. Authoritv. This Agreement is entered into pursuant to the authority and
procedures provided by the Act.
3. Definitions. All capitalized terms in this Agreement shall have the definitions set
forth in this Section unless such terms are defined elsewhere in the body of this Agreement.
3.1 "Ac!" shall mean the Florida Local Government Development Agreement
Act (Sections 163.3220 - L63.3243, Florida Statutes (2014)).
3.2 "@9" shall refer to the formal exchange of documents between the
parties, as further described in Section 13 of this Agreement.
3'3,,@,,shallmeanthecomprehensiveplanwhichtheCity
has adopted and implemented for the redevelopment and continuing development of the City
pursuant to Chapter 163 Part ll, of the Florida Statutes.
3.4 "Development Order" means any order granting, denying, or granting
with conditions an application for a Development Permit.
3.5 "Development Permft" shall have the meaning set forth in Section
1,63.322L(5), Florida Statutes (201,4).
3.6 ".Effective Date" is the date when the City records the executed
Agreement in the Public Records of Miami-Dade County, as provided in Section L63.3239,
Florida Statutes (2OL4), and Section 19(a) of this Agreement.
3.7 "Executien_DAle" is the date the last of the required parties executes this
Agreement.
3.8 "Land Development " shall have the meaning set forth in
Section L63.3227(8), Florida Statutes (20L4) and shall also include, without limitation, the
definition of "land development regulations" in Section !L4-t of the City Code.
285861/9/TAMPA
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3.9 "La\MS/' means all ordinances, resolutions, regulations, the
Comprehensive Plan, Land Development Regulations, and rules adopted by a local government
having jurisdiction affecting the development of land, specifically including the City's
Comprehensive Plan and the City's Land Development Regulations.
3.10 "Proiect" shall mean the construction and development of the Property
(as defined in Section 3.11 below and to include the Owner's right, title and interest to the 87th
Terrace Property after the 87th Terrace Vacation Date) consistent with the RM-2 zoning
regulations of the City's Land Development Regulations and the following provisions (with the
stricter of the two prevailing):
(a) The maximum total floor area permitted upon the Property shall not
exceed that provided by the City's Land Development Regulations for the purposes of
determining population densities and building intensities as required by the Act. ln the event
that the existing hotel is retained and the Property is developed as two building sites, the
maximum permitted floor area on the Property shall be 260,085 square feet. ln the event that
the hotel is removed and the Property is reduced to a single building site, the maximum floor
area developed on the Property shall be 202,358 square feet.
(b) The height of any habitable building on the Property shall not exceed 200
feet to the top of the roof, and architectural projections will comply with the terms of the City's
Land Development Regulations.
(c) The uses permitted on the Property shall be up to 232 residential units,
including single-family detached dwellings; townhomes; condominiums; apartments;
apartment-hotels; hotels; condo/hotel units; and appurtenant facilities, including, without
limitation, (i) facilities for conventions, banquets and other functions; (ii) spa; (iii) restaurants
(subject to compliance with the City's neighborhood impact establishment regulations); (iv)
parking facilities; (v) administrative office space; and (vi) any other hotel related uses including
accessory uses commonly associated with hotels, as permitted under the City's Land
Development Regulations; provided, however that in no event shall more than twenty-five
percent (25%) of the accessory use be that which is generally classified as a "place of assembly"
or "hall for hire" by the City.
(d) The Project shall include on-site parking in accordance with the
provisions of the City's Land Development Regulations.
(e) The Owner shall cause the completion of the Project and shall obtain a
certificate of occupancy or certificate of completion, as applicable, within five (5) years of the
Effective Date.
3.11 "&pCI!y" shall mean the parcel of real property described in Exhibit A
hereto. From and after the 87th Terrace Vacation Date, the Property shall include all of the
Owner's right, title and interest in and to the 87th Terrace Property pursuant to the vacation of
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87th Terrace as approved pursuant to, and subject to and conditioned upon, the terms of the
Vacation Resolution.
3.1,2 "@!gI" means the person or entity undertaking the development of the
Property, as defined in the preamble to this Agreement, or any permitted successors, assigns,
or heirs thereof.
3.13 "Vacation Resolution" means the City's Resolution No. 2OL4-28754,
approving, with conditions, the vacation of the 87th Terrace Property.
3.t4 "87th Street Maint " shall mean the agreement
between the City and Owner relating to the use, improvement, maintenance and operation of
the public pedestrian access area located on the 87th Street Property, which agreement shall be
in the form attached hereto as Exhibit B.
3.15 "87'h Street Propertv" shall mean the area described in Exhibit "A" to the
87th Street Maintenance Agreement.
3.16 "87th Terrace Easement" shall mean a perpetual easement for public
pedestrian traffic on, across and through the 87th Terrace Property for the purpose of allowing
pedestrians to continue to use a portion of the 87th Terrace Property for public access to the
beach and Atlantic Ocean, which easement shall be in the form attached hereto as Exhibit C.
The property subject to the 87th Terrace Easement shall be referred to as the "87th Terrace
Easement Propertv".
3.L7 "87th Terrace Propertv" shall mean the area described in Exhibit "A" to
the 87th Terrace Easement.
3.18 "87th Terrace Vacation Date" shall mean the date when the actual
vacation of the 87th Terrace Property becomes effective in accordance with the terms of the
Vacation Resolution, and as set forth in subsection 6(bXiii) of this Agreement.
3.19 "87th Street lmprovements" shall mean the improvements to be made to
the 87th Street Property as depicted in the 87th Street Plans, and as further described in Section
8 of this Agreement.
3.20 "87th Terrace Ease " shall mean the improvements to
be made to the 87th Terrace Property as depicted in the 87th Terrace Plans, and as further
described in Section 9 of this Agreement.
3.2L "87th Street Plans" shall mean the plans, designs, and drawings including
any revisions and enhancements thereto, depicting the 87th Street lmprovements, as further
described in Section 8 of this Agreement.
285861/9/TAMPA
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3.22 "87th Terrace Plans" shall mean the plans, designs, and drawings including
any revisions and enhancements thereto, depicting the 87th Terrace Easement lmprovements,
as further described in Section 9 of this Agreement.
4. 87th Street Maintenance Agreement. Subject to the terms and conditions of this
Agreement, at the Closing the Owner and the City shall execute the 87th Street Maintenance
Agreement in the form attached hereto as Exhibit B.
5. 87th Terrace Easement. Subject to the terms and conditions of this Agreement
and the Vacation Resolution, the 87th Terrace Easement shall be granted by the Owner to the
City and recorded in the Public Records of Miami-Dade County, Florida, promptly after the 87th
Terrace Vacation Date, and shall be in the form attached hereto as Exhibit C.
6. Vacation of 87th Terrace and Voluntarv Contribution.
(a) The Owner submitted an application to the City for the vacation of 87th
Terrace and, on September 77'h, 2014, after second reading public hearing, the City
Commission approved the Vacation Resolution. The 87th Terrace Property shall be included
within the Property as of the 87th Terrace Vacation Date. At that time, the City shall deliver to
Owner all instruments reasonably required to effectuate the vacation of the 87th Terrace
Property, including, without limitation, a certified copy of the executed Vacation Resolution.
(b) As a condition to the City's approval of the Vacation Resolution, Owner
shall make a Voluntary Contribution to the City, in the amount of S10,500,000. Owner shall pay
the S10,500,000 Voluntary Contribution to the City as follows:
(i) The Owner shall make the first payment, in the amount of
51-,000,000, within ten (10) business days following the City Commission's (A)
approval of the Vacation Resolution and (B) final approval of this Agreement at
the second public hearing. This payment will be non-refundable.
(ii) The Owner shall apply for a full building permit, as such term is
defined in the City's Land Development Regulations, for the Project, using
commercially reasonable efforts, no later than Febru ary 79,2016.
(iii) The Owner shall pay the City S4.5 million on the earlier of (A)
within ten (10) business days of the issuance of a full building permit for the
Project, or (B) November t9,2OL6. Following the City's receipt of said payment
and so long as there is no pending or uncured Event of Default (as hereinafter
defined) hereunder, and Owner and City have successfully closed in accordance
with the requirements of Section 13 hereol the 87th Terrace Easement shall be
released from escrow and the 87th Terrace Vacation Date shall become effective.
Additionally, as of such date the 87th Terrace Easement Property shall be free
and clear of all liens, encumbrances, rights of occupancy, or other matters
except only for any then-existing mortgage encumbering the Property; provided
6
285861/9/TAMPA
632
that the holder of any such mortgage shall execute and deliver an appropriate
subordination agreement, in a form which will be reviewed and approved by the
City, in its reasonable discretion, subordinating the lien and rights of such
mortgage holder to the rights of the City and the public.
Notwithstanding the preceding, the occurrence of the 87th Terrace
Vacation Date shall not relieve Owner of its obligations to diligently prosecute
and complete the 87th Street and 87th Terrace lmprovements.
(iv) The Owner shall pay the remaining 55 million in four (4) equal
payments of S1.25 million every six (5) months starting on the earlier of: (A) six
(6) months after the City's issuance of the full building permit for the Project, or
(B) May L9,2017, provided, however, that the fourth and final installment shall
be paid no later than ten (10) days prior to the issuance of a temporary
certificate of occupancy (the "TCO"I or certificate of occupancy (the "CO"),
whichever comes first, for the Project. ln addition to declaring an Event of
Default under this Agreement, the City may condition and withhold the issuance
of the TCO and/or CO for the Project pending full and final payment of the
remaining balance of the Voluntary Contribution. The SS million payment shall
also be non-refundable, as and when each payment is made.
7. Citv Allocation of Voluntarv Contribution. The Voluntary Contribution will be
allocated in accordance with the terms of City Resolution No. 2014-28815.
8. 87th Street lmprovements. The Owner, at its sole expense, shall design, construct
and installthe 87th Street lmprovements.
(a) The Owner shall cause the 87th Street Plans to be prepared by an
architect or other design professional selected by the Owner and approved by the City (such
approval by the City shall be proprietary in nature, as the owner of such property, and is not to
be unreasonably withheld or delayed). The 87th Street Plans shall be submitted to the City, to its
City Manager, within ninety (90) days of the Effective Date. The City shall have twenty (20)
business days to review the 87th Street Plans and provide its written comments, if any, to
Owner. The Owner shall address such comments and respond with revised 87th Street Plans
within twenty (20) business days of its receipt of the City comments. This process shall be
repeated until the City approves the 87th Street Plans. Owner's failure to obtain the City's
approval of the 87th Street Plans by the date which is two hundred seventy (270) days from the
Effective Date shall be deemed an Event of Default under this Agreement.
(b) Within one hundred eighty (180) days after the City's proprietary
approval pursuant to subsection 8(a) above, the Owner apply for and diligently pursue all
required permits and final non-appealable approvals including, without limitation, all required
Development Orders and Development Permits, for the 87th Street lmprovements.
285861/9/TAMPA
633
(c) The existing geometry of 87th Street shall be substantially followed in the
design of the 87th Street lmprovements. No change in the location of the sidewalks, curbs and
gutters shall be permitted without the prior written consent of the City.
(d) The 87th Street lmprovements shall include, at a minimum, the following:
Lighting;
Resurfacing, drainage, hardscaping, paving;
Landscaping and related irrigation;
Outdoor seating and other outdoor furniture;
Sidewalk;
(vi) City-approved street signage; including directional signage, beach
access signage and similar signs (including private signage); and
(vii) Gates and fences (so long as at least a ten (10) foot access to the
beach always remains open).
(e) The Owner will complete the 87th Street lmprovements by the date of the
issuance of a temporary or final certificate of occupancy or certificate of completion, as
applicable, for the Project. The City may condition and withhold the issuance of the TCO or CO
for the Project pending completion of the 87th Street lmprovements.
(f) Owner hereby covenants and agrees that it shall invest, or cause to be
invested, no less than 5750,000 in hard construction costs for the 87th Street lmprovements.
Upon issuance of the TCO or CO for the Project, whichever is first, Owner shall certify to City
that it has, in fact, expended the aforestated construction costs.
9. 87th Terrace Easement lmprovements. The Owner, at its sole expense, shall
design, construct and install the 87th Terrace Easement lmprovements within the area
described in the 87th Terrace Easement.
(a) The Owner shall cause the 87th Terrace Plans to be prepared by an
architect or other design professional selected by the Owner and approved by the City (such
approval by the City shall be proprietary in nature, as the owner of such property, and is not to
be unreasonably withheld or delayed). The City shall review the 87th Terrace Plans as part of the
development permit package(s) for the Project. The 87th Terrace Plans shall be submitted to
the City, to its City Manager within ninety (90) days of the Effective Date. The City shall have
twenty (20) business days to review the 87th Terrace Plans and provide its written comments, if
any, to Owner. The Owner shall address such comments and respond with revised 87th Terrace
Plans within twenty (20) business days of its receipt of the City comments. This process shall be
(i)
(ii)
(iii )
(iv)
(v)
285861/9/TAMPA
634
repeated until the City approves the 87th Terrace Plans. Owner's failure to obtain the City's
approval of the 87th Terrace Plans by the date which is two hundred seventy (270) days from
the Effective Date shall be deemed an Event of Default under this Agreement.
(b) The Owner shall direct the construction process and be responsible for
entering into all contracts necessary for the construction of the 87th Terrace Easement
lmprovements and within one hundred eighty (180) after the City's proprietary approval
pursuant to subsection 9(a) above, the Owner apply for and diligently pursue all required
permits and approvals for the 87th Terrace Easement lmprovements with the City's
cooperation.
(c) The 87th Terrace Easement lmprovements shall include, at minimum, the
following:
Lighting within the Easement area;
Resurfacing, drainage, hardscaping, paving;
(iii) Landscaping and related irrigation either within or adjacent to the
87th Terrace Easement area designed in a manner that benefits the 87th Terrace
Easement;
(iv)Sidewalk within the Easement area;
(v) City-approved directional signage, beach access signage and
similar signs (excluding private signage) either within the Easement area or
immediately adjacent thereto; and
(vi) Gates and fences (so long as a ten (10) foot access to the beach
always remains open).
(d) The 87th Terrace Easement lmprovements must be completed by the
earlier of the date of the issuance of a TCO or CO for the Project. The City may condition and
withhold the issuance of the TCO or CO for the Project pending completion of the 87th Terrace
Easement lmprovements.
(e) Owner shall be responsible for the maintenance and security relating to
the 87th Terrace Easement area.
(f) Owner hereby covenants and agrees that it shall invest, or cause to be
invested, no less than S 35O,OOO in hard costs for the 87th Terrace Easement lmprovements.
Upon issuance of the TCO or CO for the Project, whichever is first, Owner shall certify to City
that it has, in fact, expended the aforestated construction costs.
(i)
(ii)
285861/9/TAMPA
635
10. Development Permits. Certain provisions of this Agreement will require that the
City and/or its boards, departments or agencies take certain governmental actions, acting in
their governmental capacity and issue Development Permits in order to accomplish and satisfy
the following:
(a) The inclusion of approximately 36,400 square feet of floor area
development rights in the Property as a result of the City's vacation of the 87th Terrace right-of-
way; and
(b)The authorization of the 87th Street lmprovements.
L7. Applications for Development Approvals and Development Permits. Promptly
following the effective date of this Agreement, the Owner will initiate and diligently pursue all
applications for Development Orders and Development Permits that were not previously
initiated. The City shall process all Development Permit and Development Order applications in
a timely fashion and join in application(s) as may be necessary. Notwithstanding the foregoing,
Owner shall be solely responsible for obtaining all final, non-appealable Development Orders
and Devetopment Permits for the Project, the 87th Street lmprovements and the 87th Terrace
Easement lmprovements. No extension of any time period herein shall be deemed to be an
extension of any time periods contained within the Development Permits or Development
Orders.
L2. Laws Governing this Agreement. For the entire term of this Agreement, the City
hereby agrees that the City's Land Development Regulations governing the development of the
Property as they exist as of the Execution Date of this Agreement shall govern the development
of the Property and the Project during the Term. Notwithstanding the foregoing, the City may
apply subsequently adopted laws or policies to the Property and the Project (particularly as
they may relate to qualify of life issues such as, but not limited to noise, litter, and hours of
operation) as permitted or required by the Act, including, without limitation, Section
L63.323312), Florida Statutes, as same may be amended from time to time; provided, however,
that this provision shall not be deemed to apply to regulations governing height, floor area ratio
(FAR), density, parking requirements or permitted uses.
13. Closing. So long as there is no pending or uncured Event of Default, the parties
shall exchange (or deposit into escrow) those document as set forth below to effect the Closing
hereunder. The Closing will occur within thirty (30) days of the Effective Date.
(a) At the
escrow the following items:
Closing, the City shall execute and/or deliver to Owner or into
The 87th Street Maintenance Agreement.
(ii) A certified copy of the Vacation Resolution for recording in the
Public records of Miami-Dade County, which shall be held in escrow pursuant to
(i)
10
285861/9/TAMPA
636
the Escrow Agreement, the form of which is attached hereto as Exhibit H (the
"Escrow Agreement").
(iii)The Escrow Agreement.
(b) At the Closing, the Owner shall execute and/or deliver (as appropriate)to
the City or into escrow the following items:
(i) The 87th Street Maintenance Agreement.
(ii) The 87th Terrace Easement, which shall be held in escrow
pursuant to the Escrow Agreement.
(iii) Any subordination agreement that may be required pursuant to
Subsection 6(b[iiiXC) of this Agreement, which shall be held in escrow pursuant
to the Escrow Agreement.
(iv) The Escrow Agreement.
L4.,,@.owneragreeStoacceptthe87thTerracePropertyin,,aS.is,,
physical condition without any representation or warranty by the City regarding physical
condition. The City agrees to accept the 87th Terrace Easement with the underlying land and
improvements (if any) in "as-is" condition, subject to Owner's subsequent compliance with the
terms of Section 9 of this Agreement.
15. Compliance with Local Resulations Regarding Development Permits. This
Agreement is not and shall not be construed as a Development Permit, approval or
authorization to commence any development, fill, or other land modification. The Owner and
the City agree that the failure of this Agreement to address a particular permit, approval,
procedure, condition, fee, term or restriction in effect on the Execution Date of this Agreement
shall not relieve Owner of the necessity of complying with the regulation governing said
permitting requirements, conditions, fees, terms or restrictions, subject to the terms of Section
12 of this Agreement.
16. Reservation of Riehts. This Agreement shall not affect any rights that may have
accrued to any party to this Agreement under applicable laws and each party hereto reserves
any and all of such rights.
77. Consistencv with the Citv's Comprehensive Plan. The City has adopted and
implemented the Comprehensive Plan. The City hereby finds and declares that the provisions of
this Agreement dealing with the Property and the Project are consistent with the City's
Comprehensive Plan and Land Development Regulations (subject to all applicable
requirements, permits and approvals).
285861/9/TAMPA
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637
L8. Concurrencv. Owner shall be solely responsible for obtaining all land use
permits, including, but not limited to, all permits and approvals required pursuant to Section
163.3180, Florida Statutes (2OL4l, with respect to concurrency requirements for roads, sanitary
sewer, solid waste, drainage, potable water, parks and recreation, and schools (the
"Concurrency Requirements"). Prior to applying for its building permit for the Project, Owner
shall apply to the appropriate Governmental Authorities and obtain letters or other evidence
that Owner has obtained all applicable Concurrency Requirements, and shall diligently and in
good faith obtain such letters or other evidence that the Project meets all applicable
Concurrency Requirements and shall pay such impact fees as may then be due or applicable to
meet Concurrency Requirements.
L9,Effective Date and Duration (Term).
(a) Within fourteen (14) days following approval at two public hearings and
execution by all parties, the City shall record the Agreement in the Public Records of Miami-
Dade County. The Owner shall submit a copy of the recorded Agreement to the State of
Florida's land planning agency within fourteen (1a) days after this Agreement is recorded. This
Agreement shall become effective only after (i) it has been recorded in the Public Records of
Miami-Dade County, Florida, and (ii) thirty (30) days have elapsed after the State of Florida land
planning agency's receipt of a copy of the recorded Agreement. The Owner agrees that it shall
be responsible for all recording fees and other related fees and costs related to the recording
and delivery of this Agreement as described in this Section.
(b) This Agreement shall run for an initial term of six (6) years from the
Effective Date (the "fetm"l, and may be extended by mutual consent of the City and the Owner
subject to a public hearing pursuant to Section 763.3225, Florida Statutes. Consent to any
extension of this Agreement is within the sole discretion of each party to this Agreement. No
notice of termination shall be required by either party upon the expiration of this Agreement,
and thereafter the parties hereto shall have no further obligations under this Agreement except
that in no event shall the Owner's obligation to pay the Voluntary Contribution be extinguished
by the expiration of the term if it has not otherwise been paid.
20. Presentlv Permitted Development. The development that is presently permitted
on the Property, including population densities, and building intensities and height, which are
subject to this Agreement, are more specifically set forth in Exhibit D hereto.
2L. Public Facilities to Serve the Propertv. A description of the public facilities that
will service the Project of the properties subject to this Agreement, including who shall provide
such facilities; the date any new facilities, if needed, will be constructed; and a schedule to
assure public facilities are available concurrent with the impacts of the development is included
as Exhibit E hereto.
285861/9/TAMPA
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638
22. Public Reservations and/or Dedications. A description of the reservations and/or
dedications of land for public purposes that are proposed under the terms of this Agreement is
included as Exhibit F hereto.
23. Required Development Permits. Attached and made a part hereof as Exhibit G is
a listing and description of all local development permits approved or needed to be approved
for the development of the Project.
24. Default. Each of the following shall be an "Event of Default" by Owner
hereunder:
(a) lf Owner shall fail to observe or perform any term, covenant or condition
of this Agreement on Owner's part to be observed or performed and Owner shall fail to cure or
remedy the same within ten (10) days of Owner's receipt of written notice from the City, with
respect to monetary defaults, or within thirty (30) days of Owner's receipt of written notice
from the City with respect to non-monetary defaults (each, a "Default Notice"). lf such non-
monetary default is susceptible to cure but cannot reasonably be cured within said thirty (30)
day period, then Owner shall have any additional sixty (60) day period to cure such failure and
no Event of Default shall be deemed to exist hereunder so long as Owner commences such cure
within the initial thirty (30) day period and diligently and in good faith pursues such cure to
completion within such resulting ninety (90)day period from the date of the Default Notice.
(b) lf, after the Effective Date, Owner shall fail to obtain all Development
Orders and Development Permits which are necessary for the Project, the 87th Street
lmprovements and the 87th Terrace Easement lmprovements by November Lg,2OL8.
(c) lf, after the Effective Date, Owner shall fail to obtain a full building permit
for the Project by November 19, 20t6.
(d) lf, during the construction phase of the Project, the 87th Street
lmprovements and/or the 87th Terrace Easement lmprovements, Owner shall stop work on any
of the aforestated for a period in excess of ninety (90) days.
(e) lf, after the Effective Date, Owner has not obtained a final CO for the
Project by November 19, 20L8.
(f) lf Owner shall make an assignment for the benefit of creditors, or shall
admit in writing its inability to pay its debts generally as they become due, or shall consent to
the appointment of a receiver or trustee or liquidator of all of its property or the major part
thereof or if all or a substantial part of the assets of Owner are attached, seized, subjected to a
writ or distress warrant, or are levied upon, or come into the possession of any receiver,
trustee, custodian or assignee for the benefit of creditors.
(g) lf Owner shall commence a voluntary case under the Title 11 of the
United States Code (the "Bankruptcy Code") ; or an involuntary proceeding is commenced
285861/9/TAMPA
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639
against Owner under the Bankruptcy Code and relief is ordered against Owner, or the petition
is controverted but not dismissed or stayed within one hundred fifty (150) days after the
commencement of the case, or a custodian (as defined in the Bankruptcy Code) is appointed for
or takes charge of all or substantially all of the property of Owner and is not discharged or
dismissed within one hundred fifty (150) days; or Owner commences any other proceedings
under any reorganization, arrangement, readjustment of debt, relief of debtors, dissolution,
insolvency or liquidation or similar Law of any jurisdiction whether now or hereafter in effect
relating to Owner; or there is commenced against Owner any such proceeding which remains
undismissed or unstayed for a period of one hundred fifty (150) days; or Owner fails to
controvert in a timely manner any such case under the Bankruptcy Code or any such
proceeding, or any order of relief or other order approving any such case or proceeding is
entered; or Owner consents to or approves of, in any such case or proceeding or the
appointment of any custodian or the like of or for it for any substantial part of its property or
suffers any such appointment to continue undischarged or unstayed for a period of one
hundred fifty (150) days.
ln the event the City shall claim any Event of Default shall have occurred hereunder, the
City's Default Notice shall state with specificity the provisions of this Agreement under which
the Default is claimed, the nature and character of such Default, the date by which such Default
must be cured pursuant to this Agreement, if applicable, and, if elected by the City, that the
failure of Owner to cure such Default by the date set forth in such notice will result in the City
having the right to terminate this Agreement.
25. Enforcement of Performance; Damages and Termination. lf an Event of Default
occurs hereunder, the City may elect any one or more of the following remedies:
(a) Enforce strict performance by Owner;
(b)Terminate this Agreement; or
(c) Pursue any other remedy available to the City at law or in equity.
The City's election of a remedy hereunder with respect to any one or more Events of
Default shall not limit or otherwise affect the City's right to elect any of the remedies available
to it hereunder with respect to any other Event of Default.
ln the event the City elects to terminate this Agreement after an Event of Default and
such termination is stayed by order of any court having jurisdiction of any matter relating to
this Agreement, or by any federal or state statute, then following the expiration of any such
stay, the City shall have the right, at its election, to terminate this Agreement with five (5) days'
written notice to Owner, Owner as debtor in possession or if a trustee has been appointed, to
such trustee.
26. Strict Performance; Waiver. No failure by the City or Owner to insist upon strict
performance of any covenant, agreement, term or condition of this Agreement or to exercise
t4
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any right or remedy available to such party by reason of the other party's default or an Event of
Default hereunder shall constitute a waiver of any such default, Event of Default or of such
other covenant, agreement, term or condition hereunder.
27. Notices. Any notices required or permitted to be given under this
Agreement shall be in writing and shall be deemed to have been given if delivered by hand,
sent by recognized overnight courier (such as Federal Express) or mailed by certified or
registered mail, return receipt requested, in a postage prepaid envelope, and addressed as
follows:
lf to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
With a copy to: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33L39
Attn: City Attorney
With copies to: Squire Patton Boggs (US) LLP
One Tampa City Center
201 N. Franklin Street, Suite 2100
Tampa, Florida 33602
Attn: Stacy H. Krumin
lf to Owner at: 8701 Collins Development, LLC
cf oTerra Group
2675 S. Bayshore Drive
Miami, FL 33133
Attn: David Martin
With a copy to: Jeffrey Bercow, Esq.
Bercow Radell & Fernandez,P.A.
200 S. Biscayne Blvd.
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given on
the date of delivery and notices mailed in accordance with the foregoing shall be deemed
given three (3) days after deposit in the U.S. mails. The terms of this Section 27 shall survive
the termination of this Agreement.
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28. Governine Laws. Construction and Litigation. This Agreement shall be governed
and construed in accordance with the laws of the State of Florida, both substantive and
remedial, without regard to principles of conflict of laws. The Owner and the City agree that
Miami-Dade County, Florida is the appropriate and exclusive state court venue, and that the
U.S. District Court, Southern Division of Florida is the appropriate and exclusive federal court
venue, in connection with any litigation between the parties with respect to this Agreement. All
of the parties to this Agreement have participated fully in the negotiation and preparation
hereof; and accordingly, this Agreement shall not be more strictly construed against any of the
parties hereto. ln construing this Agreement, captions, and section and paragraph headings
shall be disregarded and the use of any gender shall include every other and all genders. All of
the exhibits referenced in this Agreement are incorporated in, and made a part of, this
Agreement. ln the event of any litigation between the parties under this Agreement for a
breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court
costs at all trial and appellate levels. BY ENTERING INTO THIS AGREEMENT THE CITY AND
OWNER EXPRESSLY WAIVE ANY RIGHTS EITHER MAY HAVE TO A TRIAL BY JURY WITH RESPECT
TO ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT. The terms of
this Section 28 shall survive the termination of this Agreement.
29. Severabilitv. ln the event any term or provision of this Agreement be
determined by appropriate judicial authority to be illegal or otherwise invalid, such provision
shall be given its nearest legal meaning or construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed to be in full force and effect.
Time of Essence. Time shall be of the essence for each and every provision
hereof.
31. Entire Aqreement. This Agreement, together with the documents referenced
herein, constitutes the entire agreement and understanding among the parties with respect to
the subject matter hereof, and there are no other agreements, representations or warranties
other than as set forth herein. Neither party shall be bound by any agreement, condition,
warranty nor representation other than as expressly stated in this Agreement. This Agreement
may not be changed, altered or modified except by an instrument in writing signed by both
parties hereto, subject to the requirements for the amendment of development agreements in
the Act.
32. Other Agreements. This Agreement has no effect on any other agreement, the
City's development orders, or declaration of restrictions otherwise encumbering the Property.
Any and all agreements currently in the public records remain valid. The parties incorporate by
reference each and every requirement set forth in the Act.
33. Bindine Effect. The obligations imposed pursuant to this Agreement upon the
Owner and upon the Property shall run with and bind the Property as covenants running with
the Property, and this Agreement shall be binding upon and enforceable by and against the
parties hereto, their personal representatives, heirs, successors, grantees and assigns.
30.
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642
34. Transfer and Assignment. The Owner shall not be entitled to assign or transfer
its rights under this Agreement without the prior written consent of the City, in the City's sole
and absolute discretion, except that the City will recognize a lender who has acquired the
Property through a foreclosure sale or deed-in-lieu of foreclosure. Any such transferee
(including through foreclosure or deed-in-lieu thereof) shall assume all remaining obligations of
the Owner under this Agreement including, without Iimitation:
(a) The Owner's obligation to pay the Voluntary Contribution to the City;
(b) The Owner's obligation to grant and improve the 87th Terrace Easement
area; and
(c) The Owner's obligation to improve the 87th Street right-of-way; provided,
however, at its sole discretion, the City may elect not to proceed with the Maintenance
Agreement for the 87th Street right-of-way if performance under the Maintenance Agreement
has not yet commenced; however, if performance under the Maintenance Agreement has
commenced then the City may only terminate the Maintenance Agreement in accordance with
its terms.
Notwithstanding the foregoing, the Owner shall be permitted to assign this Agreement
without the consent of the City after the earlier to occur of (i) issuance of the final CO for the
Project; or (ii) payment of the full S10,500,000 Voluntary Contribution to the City.
35. Force Maieure and Third Partv Challenges. Except as to the Owner's obligation
to make the Voluntary Contribution payments in accordance with Section 6, above, time
periods will be tolled due to force majeure (strikes, lockouts, acts of God, and other causes
beyond the control of either party), and delays in obtaining permits from other governmental
agencies. Notwithstanding the preceding, in the event that a third party (unrelated or
unaffiliated with the City or the Owner) institutes a legal proceeding in a court of competent
jurisdiction (the "Law Suit") challenging the validity of the Vacation Resolution or this
Agreement then, if the Law Suit remains pending for more than eighteen (L8) months after
filing, the City may request that the Owner pay the remainder of the Voluntary Contribution
then due, with sixty (60) days' notice to Owner. ln such event, Owner shall pay the remainder
of the Voluntary Contribution, and the actual vacation of the 87th Terrace Property shall
become effective. Additionally, the Owner shall defend, any Law Suit at its sole cost and using
legal counsel reasonably acceptable to the City. Owner shall further indemnify and hold the
City harmless from and against all claims, injury, damage, loss and liability, cost and expense
(including attorneys' fees, costs and expenses) of any and every kind arising out of or relating to
any Law Suit. This Section 35 shall survive the termination or expiration of this Agreement.
35. lndemnification of Citv. ln addition to Owner's obligations set forth in Section 35
(including Owner's obligation to indemnify the City pursuant to that Section), Owner shall
defend, indemnify and hold harmless the City, its agents, servants and employees, from and
against any loss, cost, expense, claim, demand or cause of action of whatever kind or nature
285861/9/TAMPA
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643
arising out of or related to the conduct, act or omission of Owner and/or its officers, directors,
officials, employees, contractors and agents, related to (i) this Agreement, and/or (ii) the
Project. The Owner shall directly pay all costs and expenses related to any expense or cost
charged, or legal defense required by the City, using legal counsel reasonably acceptable to the
City, pursuant to the foregoing. The City shall reasonably cooperate and collaborate (but at no
expense to the City) with the Owner in connection with any legal proceeding in which the
Owner is defending the City. This Section 36 shall survive termination or expiration of this
Agreement.
37. Corporate Obligations. lt is expressly understood that this Agreement and the
obligations issued hereunder are solely corporate obligations, and that no personal liability will
attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors,
elected or appointed officials (including, without limitation, the Mayor and City Commissioner
of the City) or employees, as such of Owner, any of any successor corporation or any of them,
under or by reason of the obligations, covenants or agreements contained in this Agreement or
implied therefrom; and that any and all such personal liability, either at common law or in
equity or by constitution or statute, of, and any of all such rights and claims against, every such
incorporator, stockholder, officer, director, elected or appointed official (including, without
limitation, the Mayor and City Commissioner of the City) or employee, as such, or under or by
reason of the obligations, covenants or agreements contained in this Agreement or implied
therefrom are expressly waived and released as a condition of, and as consideration for, the
execution of this Agreement.
38. No Conflict of lnterest. Owner represents and warrants that no member, official
or employee of the City has any direct or indirect financial interest in this Development
Agreement nor has participated in any decision relating to this Development Agreement that is
prohibited by law. Owner represents and warrants that no officer, agent, employee, or
representative of the City has received any payment or other consideration for the making of
this Agreement, directly or indirectly, from Owner.
Police Power.
(a) The parties hereto recognize and agree that certain provisions of this
Agreement require the City and its boards, departments or agencies, acting in their
governmental capacity, to consider governmental actions, as set forth in this Agreement. All
such considerations and actions shall be undertaken in accordance with established
requirements of state statutes and municipal ordinances, in the exercise of the City's
jurisdiction under the police power. Nothing contained in this Agreement shall entitle the
Owner to compel the City to take any such actions, save and except the consents, if applicable,
to the filing of such applications for Development Permits or Development Orders, as more fully
set forth herein, and to timely process such applications.
(b) The parties further recognize and agree that these proceedings shall be
conducted openly, fully, freely and fairly in full accordance with law and with both procedural
39.
285861/9/TAMPA
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644
and substantive due process to be accorded the applicant and any member of the public.
Nothing in this Agreement shall be construed to prohibit the City from duly acting under its
police power to approve, approve with conditions, or reject any public hearing application
dealing with the Property.
40. Conflict. ln the event of an inconsistency or conflict between the terms of this
Agreement and the Vacation Resolution, the terms of this Agreement shall control.
285861/9/TAMPA
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645
EXECUTED as of the date first above written in several counterparts, each of which
shall be deemed an original, but all constituting only one agreement.
Signed, sealed and delivered
in the presence of:
CITY OF MIAMI BEACH,
a Florida municipal corporation
Print Name:
By:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
Name:
Attest:
City Clerk
corporation, on behalf of the Corporation.
as identification
)
)SS
)
The foregoing instrument was acknowledged before me this
20L4, by
_day of
as Mayor of the
He is personally
and who did (did
City of Miami Beach,
known to me or has
not) take an oath.
a municipal
produced
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission expires:
Serial No., if any:
,6[R[8YiR,8ilB,
& FOR EXECUTION
^"LL!"-L-, W]'&
28s861/9/TAMPA
20 Doie
646
STO1 COLLINS DEVELOPMENT LLC, A
Delaware limited liability company
David Martin, Managing Member
Print Name:
Print Name:
STATE OF FLORTDA )
) SS:
couNw oF M|AM|-DADE )
The foregoing instrument was acknowledged before me this _ day of ,
2OL4 by David Martin, as managing member of 8701 Collins Development, LLC, a Delaware
limited liability company, on behalf of the company. He is personally known to me or has
produced
an oath.
as identification and who did/did not take
NOTARY PUBLIC
Typed or printed Name of Notary
My Commission expires:
Serial No., if any
By:
28586't/9/TAMPA
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647
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The lond ref erred to herein below is sltuoted in the County of Miorni-Dode, Stote of Florldo, ond
is described os follows:
All of Block 1; oll of Block 1O; ond thot portion of whot wos known os Airoso Woy lying ond
including between the West llne of soid Block 1 , ond the Eost line of sold Block 1 O; oll of
ALTOS DEL MAR NO. 2, occording to the Plot thereof, recorded ln Plot Book 4, Poge 1 62, of the
Fubllc Records of Miomi-Dode County, Florido; tcgether with oll right, title o nd interest in thot
lond )ying between the Eosterly boundory of Block 1, of ALTOS DEL MAR No. 2, occording to the
Flot thereof, os recorded in Plot Book 4, Poge 162, of the Public Records of Miomi-Dode
County, Floridq, qnd the Erosion Control Line, according to the Plot thereof, recarded ln Flqt
Book 1O5, Poge 62, of the Publlc Records of Miomi-Dode County, Florido.
285861/9/TAMPA
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648
EXHIBIT B
18zth stneer MAt NTENANcE AGREEMENTI
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649
EXHIBIT C
182'h trRRAcE EAsEMENTI
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650
EXHIBIT D
PRESENTLY PERMITTED DEVELOPMENT
(a) Permitted Development and Uses. The Property, including 87th Terrace,
is designated as RM-2 Residential multifamily, medium intensity according to the City's adopted
Comprehensive Plan. The Property, including 87th Terrace, as well as the North % of 87ih Street,
are zoned RM-2 Residential multifamily, medium intensity by the City's Land Development
Regulations. The RM-2 zoning district permits single-family detached dwellings; townhomes;
apartments; apartment-hotels; and hotels. The Property may be used for the purposes
permitted and regulated in these land use designations and zoning districts, as further limited
by the by the City's Land Development Regulations and Comprehensive Plan.
(b) Densitv, Buildins Heiehts. Setbacks and lntensities. The maximum
density, heights, setbacks and intensities for any development on the Property shall be
regulated by the City's Land Development Regulations, Comprehensive Plan and any applicable
Federal, State or County laws and regulations. ln the RM-2 land use designation, the maximum
residential density is 100 dwelling units per acre. The intensity of hotel use is limited by such
set back, height, floor area ratio, minimum room size and other provisions of the Land
Development Regulations.
THIS EXHIBIT DESCRIBES THE PRESENTLY PERMITTED DEVELOPMENT FOR PURPOSES OF THE
ACT ONLY. THE PROJECT SHALL CONFORM TO THE DESCRIPTION PROVIDED IN SECTION 3.10
O F THIS AGREEMENT.
285861/9/TAMPA
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651
EXHIBIT E
PUBLIC FACILITIES
The proposed development will be serviced by those roadway transportation facilities
currently in existence as provided by state, county, and local roadways. The proposed
development will also be serviced by public transportation facilities currently in existence, as
provided by Miami-Dade County, the City of Miami Beach, and such other governmental
entities as may presently operate public transportation services within the City of Miami
Beach. Sanitary sewer, solid waste, drainage, and potable water services for the proposed
development shall be those services currently in existence and owned or operated by Miami-
Dade County, the Miami-Dade County Water and Sewer Department, and the City of Miami
Beach. The proposed development shall be serviced by those existing educational facilities
owned or operated by the Miami-Dade Public Schools District. The proposed development
shall be serviced by those existing parks and recreational facilities owned or operated by the
United States Government within Miami- Dade County, by the State of Florida, by Miami-Dade
County, and by the City of Miami Beach. The proposed development shall be serviced by
those existing health systems and facilities operated by the United States Government within
Miami-Dade County, by the State of Florida, by Miami-Dade County, and by the City of Miami
Beach.
The proposed development will also be serviced by any and all public facilities, as such
are defined in Section L63.3227(L2) of the Act, that are described in the Comprehensive Plan,
specifically including but not limited to those facilities described in the lnfrastructure Element
and the Capital lmprovements Element therein, a copy of which is available for public
inspection in the offices of the City Clerk of the City of Miami Beach.
285861/9/TAMPA
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652
EXHIBIT F
pu BLr c RESERVATTONS/D E D !CATIO NS
L. The vacation of 87th Terrace as described in Section 6 of this Agreement. When
the vacation of the 87th Terrace Property becomes effective in accordance with the terms of
Resolution No. 2014-28754, and as set forth in subsection 6 (b) (iii) of the Agreement, then the
87th Terrace Property shall be included within the Property, with the area of the Property and
the 87th Terrace Property to be measured for purposes of floor area ratio calculations.
2. The 87th Terrace Easement.
27
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653
EXHIBIT G
REQU!RED DEVELOPMENT PERMITS AND VARIANCES
The following constitutes a generalized list of local permits anticipated as necessary to
be approved by the terms of this Agreement:
L. Design Review Board, Planning Board, and/or Board of adjustment approvals,
pursuant to Chapter 118 of the City of Miami Beach Code.
2. Utility Permits
3. Demolition Permits
4. Building Permits
5. Street vacations and related permits
6. Environmental Permits
7. Variances, pursuant to Chapter 1.L8 of the City of Miami Beach Code
8. Hazardous Materials Removal Permit, if removal of hazardous materials is found
necessary.
9. Coastal Construction Control Line Permit
10. Public Works Permit, Paving and Drainage
77. Public Works Permit, Water and Sewer
L2. Certificates of Use and/or Occupancy
13. All other local governmental approvals as may be applicable to the subject
property from time to time pursuant to the terms of this Development
Agreement.
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654
EXHIBIT H
lEscRow AGREEMENTI
285861/9/TAMPA
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655
ESCROW AGREEMENT
This Escrow Agreement ("Agreement") is entered into the day of
-,
2014 (the "Effective Date") by and between the CITY OF MIAMI BEACH, a Florida municipal
corporation (the "City'') and 8701 COLLINS DEVELOPMENT LLC, a Florida limited liability
company ("8701").
RECITALS
WHEREAS, pursuant to City Resolution No. 2014-28754 (the "Vacation Resolution"),
the City approved the vacation of 87th Terrace, subject to and conditioned upon certain things as
set forth therein; and
WHEREAS, in connection with the Vacation Resolution the City and 8701 entered into
a Development Agreement pertaining to the redevelopment of the hotel and property located at
8701 Collins Avenue, Miami Beach, Florida (the "Development Agreement"), located adjacent
to 87th Terrace; and
WHEREAS, the Development Agreement contemplates that 8701 shall deliver into
escrow a perpetual easement agreement over a portion of 87th Terrace (the "Easement
Agreement"), which Easement Agreement is to be held in escrow pending the satisfaction of
certain things set forth in the Development Agreement and as described herein; and
NOW, TIIEREFORE, in consideration of the mutual promises of the parties, together
with other good and valuable consideration, the receipt and sufficiency of which the parties
acknowledge, the parties agree as follows:
1. Purpose of Agreement. The purpose of this Agreement is to appoint an escrow
agent and specify the conditions under which the escrow agent will be instructed to release the
Easement Agreement and Vacation Resolution.
2. Appointment of Escrow Agent. The parties appoint Squire Patton Boggs (US)
LLPr 201 North Franklin Street, Suite 2100, Tampa, Florida 33602, as escrow agent under this
Agreement ("Escrow Agent").
3. Deposit of Easement Agreement. 8701 shall deposit the original, signed,
Easement Agreement, with the Escrow Agent contemporaneously with the execution of this
Agreement. If a subordination agreement is required by the Development Agreement, then such
subordination agreement shall also be delivered to Escrow Agent together with the Easement
Agreement and the term Easement Agreement as used herein shall be deemed to include such
subordination agreement.
4. Deposit of Vacation Resolution. The City shall deposit a certified copy of the
Vacation Resolution with the Escrow Agent contemporaneously with the execution of this
Agreement.
5. Documentation to be Deposited with Escrow Agent. Upon the execution of
this Agreement, the parties will deliver this Agreement, fully executed, to the Escrow Agent.
291 609/1/TAMPA
656
The Escrow Agent will hold the Easement Agreement, the certified copy of the Vacation
Resolution and this Agreement in its files until the terms and conditions of this Agreement are
satisfied. The Escrow Agent's sole obligation under this Agreement shall be to hold the
Easement Agreement and Vacation Resolution in safekeeping and record, or provide to the City
for recording, in the public records or return the Easement Agreement and Vacation Resolution
in the manner provided in this Agreement
6. Escrow Agent's Recording or Delivery of Easement Agreement. Upon such
time as the following conditions are satisfied, the Escrow Agent shall be permitted to either
record the Easement Agreement and Vacation Resolution in the public records of Miami-Dade
County or provide the Easement Agreement to the City and Vacation Resolution to 8701, for
recording. Said conditions are as follows:
a. Written confirmation from the City that it has received $5,500,000 of the
Voluntary Contribution (as such term is defined in the Development Agreement) then due
from 8701; and
b. Written confirmation from the City that there is no pending or uncured
Event of Default under the Development Agreement by 8701.
7. Escrow Agent's Return of Easement Agreement and Vacation Resolution. In
the event that the Development Agreement is terminated or expires prior to release of the
Easement Agreement and Vacation Resolution from escrow, then Escrow Agent shall reasonably
promptly return the Easement Agreement to 8701 and the Vacation Resolution to the City, or at
the joint direction of the City and 8701, the Escrow Agent may destroy such documents, and
upon such return or destruction this Agreement shall automatically terminate.
8. Escrow Agent Indemnification. Escrow Agent shall incur no liability
whatsoever to either party in connection with its good faith performance under this Agreement.
The parties jointly and severally release and waive any claims they may have against Escrow
Agent which may result from its performance in good faith of its functions under this
Agreement. Escrow Agent shall be liable only for loss or damage caused directly by its acts of
intentional misconduct while performing as Escrow Agent under this Agreement. The parties
acknowledge that the Escrow Agent assumes no responsibility whatsoever for delays in
delivering or retuming the documents as specified in paragraphs 6 and 7 of this Agreement due
to delays beyond the reasonable control of the Escrow Agent. If Escrow Agent is in doubt as to
its duties or liabilities under the provisions of this Agreement, Escrow Agent may interplead the
Easement Agreement and Vacation Resolution into the Circuit Court, whereupon after notifying
all parties concemed with such action, all liability on the part of Escrow Agent shall terminate.
The City (to the extent allowed by law) and 8701 agree to indemnify and hold Escrow Agent
harmless from any costs or expenses, including, without limitation, reasonable attorney's fees,
which may be occasioned by or arise out of claims resulting from its performance as Escrow
Agent except for a default committed in bad faith.
9, Further Assurances. The parties agree to do, execute, acknowledge and deliver,
or cause to be done, executed, acknowledged and delivered all such further acts, assignments,
291 609/1 /TAMPA
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657
documents, instruments, transfers and assurances as shall reasonably be requested of them in
order to carry out and give effect to this Agreement.
10. Notices. All notices, demands and other communications under this Agreement
shall be in writing, and delivered by overnight, prepaid delivery service via overnight carrier. In
the alternative, notices may be delivered by telecopier, with confirmation of the original sent by
U.S. mail. Notices shall be deemed to have been delivered on the date the party to be notified
receives the notice if sent via overnight delivery services, and on the date of the facsimile if
delivered via telecopier, with confirmation sent by U.S. mail. All notices shall be addressed to
the parties at the following addresses, which may be changed only by written notice given to the
other party:
If to the City at:City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attomey
Squire Patton Boggs (US) LLP
201 N. Franklin Street, Suite 2100
Tampa, Florida 33602
Attn: Stacy H. Krumin, Esq.
8701 Collins Development, LLC
c/o Terra Group
2675 S. Bayshore Drive
Miami, FL 33133
Attn: David Martin
Jeffrey Bercow, Esq.
Bercow Radell & Fernandez,P.A.
200 S. Bisca5me Blvd.
Suite 850
Miami, Florida 33131
Squire Patton Boggs (US) LLP
201 N. Franklin Street, Suite 2100
Tampa, Florida 33602
Attention: Stacy H. Krumin, Esq.
Telephone: (813) 202-1300
Facsimile: (813) 202-1313
With a copy to:
With copies to:
If to Owner at:
With a copy to:
Escrow Agent:
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658
11.General Provisions.
a. Applicable Law: Jurisdiction. This Agreement will be governed by and
construed under Florida law. The parties submit to the jurisdiction of any court having
competent jurisdiction in Miami-Dade County, Florida, in the event of a dispute under
this Agreement.
b. Authoritlr Representation. The parties represent and warrant that the
individuals who have signed this Agreement on their behalf have full power and authority
to sign for and bind the respective parties to this Agreement.
c. Relationship Intent of the Parties. This Agreement is a contract for the
mutual provision of an escrow agent and related services. This Agreement does not make
either party the agent or legal representative of the other for any purpose whatsoever and
does not grant either party any authority to assume or to create any obligation on behalf
of or in the name of the other. Neither party owes the other any fiduciary obligation.
Moreover, the parties do not intend to establish a partnership under federal, state, or local
laws, either directly or indirectly, under this Agreement. Nothing in this Agreement is
intended to create or shall create a partnership, joint venture, syndicate or other similar
relationship among the parties hereto.
d. Interpretive Provisions. This Agreement, including any exhibits,
schedules, and appendices, contains the complete agreement of the parties, and
supersedes any and all prior understandings, promises, representations and agreements,
oral or written, with respect to the subject matter contained herein. The headings
contained herein are for convenience only and shall not be considered in construing or
interpreting any provision hereof. Words in the singular shall include the plural, and
vice-versa, and words in the masculine shall include the feminine or neuter or both, and
vice-versa, where the context so requires for a reasonable interpretation of this
Agreement. If any provision is declared void or unenforceable by any court or other
authority, all other provisions hereof shall remain in full force and effect. Delay, failure,
or partial exercise by a party of any right or remedy under this Agreement will not
constitute a waiver of any right or remedy. This Agreement shall not be interpreted or
construed in favor of or against either party and neither party shall be deemed to be the
draftsman. This Agreement shall inure to and be binding upon any subsidiary, affiliate,
successor, or permitted assign of or to the business of such party; provided however, that
this Agreement shall not be transferable or assignable by that party without the prior
written consent of the other party. In the event of a conflict of terms between this
Agreement and the Purchase Agreement, the terms of this Agreement shall prevail.
e. Time of Performance. Time is of the essence in the performance of this
Agreement.
f. Counterparts: Copies. This Agreement may be executed by the parties in
several counterparts which when taken together shall be deemed to be one original,
and/or may be executed in multiple copies, each of which shall be deemed an original.
All true and accurate copies of this fully executed Agreement shall be valid and binding
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evidence of the Agreement of the parties, whether the document and/or any or all of the
signatures are reproductions of an original by photocopy, email or facsimile transmission,
or other method commonly accepted as accurate.
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IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the
date first written above.
CITY OF MIAMI BEACH,
a Florida municipal corporation
By:
Name:
Attest:
City Clerk
8701 COLLINS DEVELOPMENT LLC, A
Delaware limited liability company
By:
David Martin, Managing Member
The above terms and conditions are accepted by the Escrow Agent:
Squire Patton Boggs (US) LLP
Stacy H. Krumin, Principal
Date:
By:
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661
MAINTENANCE AGREEMENT FOR 87 STREET EAST OF COLLINS AVENUE
THIS MAINTENANCE AGREEMENT FOR 87 STREET EAST OF COLLINS
AVENUE (this "Agreement") is made and entered into as of the day of
2014, by and between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation of
the State of Florida (the "City"), and 8701 COLLINS DEVELOPMENT, LLC, a Delaware
limited liability company ("Developer").
RECITALS:
A. 87th Street east of Collins Avenue in Miami Beach, Florida is a dedicated City
right-of-way and is more particularly described in the attached Exhibit "A" (the "City
Property").
B. On September _, 2014, the City Commission adopted Resolution No. 2014-
28754, approving, among other things, the vacation of 87th Terrace east of Collins Avenue in
exchange for certain obligations of Developer, including, but not limited to, entering into the
below described Development Agreement.
C. On , the City Commission adopted Resolution No.
2014- XXXXX, approving a Development Agreement between the City and Developer, which
includes, among other things, the requirement that Developer design, develop, construct and
maintain certain improvements to the City Property, in conjunction with the project being
developed by the Developer at 8701 Collins Avenue (the "Developer's Property'').
D. On the City and Developer entered into the
Development Agreement, which is recorded in Official Records Book XXXXX, Page XXXX of
the Public Records of Miami-Dade County, Florida (the " Development Agreement").
E. In accordance with Section XX of the Development Agreement, the City and
Developer desire to enter into this Agreement to set forth the terms and conditions of
Developer's construction and installation of improvements and maintenance of the City
Property.
NOW, THEREFORE, for and in consideration of the premises and the mutual covenants
and agreements contained herein, and other good and valuable consideration, the receipt and
suffrciency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and incorporated herein by
reference.
2. Installation of Improvements. Subject to necessary City approvals, the Developer
shall design, fund, and install the following improvements within the City Property:
(a) Lighting;
(b) Resurfacing,drainage,hardscaping,paving;
(c) Landscaping and related irrigation;
(d) Outdoor seating and other outdoor fumiture;
(e) Pedestrian sidewalk, including pavers;
(f) Fences and gates to control access (so long as at least a ten (10) foot
'access to the beach always remains open); and
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(g) City-approved street signage; including directional signage, beach access
signage and similar signs (including private signage) (collectively, the "87th Street
Improvements").
The existing geometry of the City Property shall be substantially followed in the
design of the improvements. No change in the location of the sidewalks, curbs and gutters shall
be permitted without the consent of the City. The design of the improvements shall be in
substantial accordance with the plans entitled XXXXX and attached hereto as Exhibit "B."
Developer shall expend at least Seven Hundred Fifty Thousand Dollars
($750,000) for the 87th Street Improvements, which obligation shall be separate and apart from
the Developer's obligation to make the Voluntary Contribution pursuant to the Development
Agreement. All of the foregoing improvements shall be completed on or before the date of
issuance of the certificate of occupancy for the Project, as such term is defined in the
Development Agreement. During construction of the 87th Street Improvements Developer shall
be permitted to restrict access to the City and the public as is reasonably necessary for safety and
in order to efficiently complete the 87th'street Improvements.
3. Maintenance and Restoration. Developer shall, at its cost, perform daily sweeping
of leaves from the City Property as needed and perform pressure cleaning of the City Property as
needed. The maintenance program shall be consistent with the City's Cleanliness Index and
Miami Beach Grounds Maintenance Service standards. Developer shall ensure that the City
Property provides a continuous level walking surface that is compatible with the concrete
sidewalk located along Collins Avenue.
Developer shall bear all costs of restoring the City Property following a necessary
and permitted utility cut for replacement, construction or maintenance work of utilities or a major
natural disaster; provided, however, that any art pieces provided by Developer shall not be
required to be replaced or restored following a natural disaster. Upon notice from the City, the
Developer shall have thirty (30) days to commence undertaking any necessary restoration work.
This time period may be reasonably extended by the City to account for the impact of permitting
delays, unanticipated delays caused by utility providers, andlor Acts of God (including, but not
limited to, fire, flood, earthquake, storm, hurricane or other natural disaster). If the restoration
work is not complete in the timeframe established in this paragraph, the City may, at its sole
option, take action to complete the restoration work. The City's actual costs for the restoration
work shall be reimbursable to the City by Developer.
4. Developer Use of City Property. Developer shall be permitted to utilize the City
Property for the following purposes:
(a) pedestrian and vehicular (subject to obtaining all applicable permits and
approvals) access to and from the Developer's Property;
(b) sidewalk cafe seating;
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(c) City-approved special events, as long as public pedestrian access across
the City Property is not adversely affected; and
(d) Encroachment of balconies on the City Property.
The execution of this Agreement following the necessary City Commission
review shall constitute a grant of all easements necessary for the Developer's approved used of
the City Property.
5. Public Use of Citlz Property. The City shall not allow the use of the City Property,
other than by members of the general public (for public purposes consistent with the public's use
of the City Property as a pedestrian plazaproviding access to and from the Atlantic Ocean beach
and North Shore Open Space Park), without prior written notice to and coordination with
Developer. In addition to use by the general public for public purposes, the aforestated
restriction on the use of the City Property (or any portion thereof) shall also not apply to public
or third party uses in conjunction with the following: (a) any City issued andlor approved film
and print permit or artist vendor andlor street performer peffnit; (b) any City and/or City
sponsored special event; or (c) any exercise of constitutionally protected First Amendment
rights of free speech and/or assembly. The City or third parties who use the City Property for
such public or third party uses shall be responsible for paying for all costs and expenses in
connection with such use of the City Property.
6. Hours of Access. The City Property shall generally be open to the public and/or
guests or invitees of the Developer from sunrise to sunset daily. Access to the City Property during
a City-approved special event shall be govemed by the conditions of the permit.
7. Cooperation. Should any claims, demands, suits or other legal proceedings be
made or instituted by any person against the City or Developer which arise out of the matters
relating to this Agreement, Developer or the City shall provide the other party all pertinent
information and reasonable assistance, in the defense or other disposition thereof.
8. Recordine and Term. This Agreement shall be recorded in the Public Records of
Miami-Dade County, Florida, at the cost of the Developer. The obligations associated with the
installation of improvements in Paragraph 2 shall terminate upon the City's acceptance of the
improvements through the opening of the pedestrian access to the public. The easement,
security, and maintenance obligations in Paragraphs 3, 4, 5, and 6 shall remain in fuIl force and
effect and shall be binding upon the parties, their successors in interest and assigns for an initial
period of ten (10) years from the date this instrument is recorded in the public records, and shall
be automatically extended for successive periods of one (l) year, unless modified, amended,
terminated or released prior to the expiration of such period or if within a one-year renewal
term, the City may terminate this Agreement at any time upon at least thirty (30) days advance
written notice. Provided, however, upon termination of this Agreement the City shall grant the
Developer an easement for any encroachment of balconies as described in Paragraph 4(d) above.
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Default.
(a) If Developer breaches its obligations as specified herein (and same are not
waived in writing by the City), then the City shall give Developer written notice specifying the
nature of the default and Developer shall have thirty (30) days after receipt of such notice within
which to cure the specified default; provided, however, if the nature of such default is such that
the same cannot reasonably be cured within such thirty (30) day period, Developer shall not be
deemed to be in default if Developer shall, within such period, commence such cure and
thereafter diligently prosecute the same to completion; provided further, however, that the
maximum cure period for any default hereunder shall not exceed ninety (90) days from the date
of the initial written notice of default from the City to Developer. If the default is not cured
within the applicable cure period, or if Developer becomes the subject of any bankruptcy or
insolvency proceeding, then the City may, on written notice to Developer, terminate this
Agreement.
(b) If the City breaches its obligations as specified herein (and same are not
waived in writing by Developer), then Developer shall give the City written notice specifying
the nature of the default and the City shall have ten (10) days after receipt of such notice, in the
case of a monetary default, or thirty (30) days after receipt of such notice, in the case of a non-
monetary default, within which to cure the specified default; provided, however, if the nature of
such default is such that the same cannot reasonably be cured within such thirty (30) day period,
the City shall not be deemed to be in default if the City shall, within such period, commence
such cure and thereafter diligently prosecute the same to completion; provided further, however,
that the maximum cure period for any default hereunder shall not exceed ninety (90) days from
the date of the initial written notice of default from Developer to the City. If the default is not
cured within the applicable cure period, then Developer may, on written notice to the City,
terminate this Agreement.
10. Representations and Warranties by the Citl/. The City represents and warrants to
Developer that (a) the City has all necessary power to execute and deliver this Agreement and
perform all its obligations hereunder, (b) this Agreement has been duly authorized by all
requisite action on the part of the City and is a valid and legally binding obligation of the City
enforceable in accordance with its terms, and (c) neither the execution and delivery of this
Agreement by the City nor the performance of its obligations hereunder will result in the
violation of any law, rules or regulations or any other agreement to which the City is a party or
is otherwise bound.
1 1. Representations and Warranties by Developer. Developer represents and warrants
to the City that (a) Developer is a limited liability company duly organized, validly existing and
in good standing under the laws of the State of Florida, is authorized to transact business under
the laws of the State of Florida and has all necessary power to execute and deliver this
Agreement and perform all its obligations hereunder, (b) this Agreement has been duly
authorized by all requisite action on the part of Developer and is a valid and legally binding
obligation of Developer enforceable in accordance with the terms, and (c) neither the execution
and delivery of this Agreement by Developer nor the performance of its obligations hereunder
will result in the violation of any provision of its articles of incorporation or any other
organizatronal or governing document as amended to date, or will conflict with (i) any law or
9.
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any order or decree of any court or governmental instrumentality having jurisdiction or (ii) any
other agreement to which Developer is a party or is otherwise bound.
12. Assignment. This Agreement and all rights hereunder, shall not be assignable by
either Developer or the City without prior written consent of the other, except that Developer
shall be permitted to assign this Agreement to an entity controlling, controlled by or under
common control with Developer, a successor in interest to the Developer's Property, or a
homeowners' or condominium association created to maintain common areas on the
Developer's Property.
13. Successors and Assiqns. This Agreement shall inure to the benefit of, and be
binding upon, the parties hereto and their respective successors and assigns.
14. Notice. All notices, demands, requests, consents and approvals which may, or are
required to, be given by any party to any other party thereunder shall be in writing and either (a)
personally delivered, (b) transmitted by fax, (c) sent by United States mail, registered or
certified, postage prepaid, return receipt requested, or (d) sent by a nationally recognized
overnight delivery service, freight prepaid, return receipt requested, and addressed as follows,
and shall be deemed given upon receipt if delivered personally, upon the sending machine
printing a confirmation of transmission, if transmitted by fax, or upon the date of delivery (or
refusal to accept delivery) on a business day (or the next succeeding business day, if not
delivered on a business day), as evidenced by the return receipt ifsent pursuant to subsection (c)
or (d) above, at the address specified below, or to such other addresses as either party may from
time to time designate in writing and delivery in a like manner. Notice given by an attorney for
either party shall be deemed as effective notice given by such party.
The City: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Manager
Fax: (305) 673-7782
With a copy to: City of Miami Beach
and
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: City Attorney
Fax: (305) 673-7002
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Eric Carpenter, Public Works Director
Fax: (305) 673-7028
Squire Patton Boggs (US) LLP
201 North Franklin Street, Suite 2100
Tampa, Florida 33602
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666
Developer:
Attn: Stacy Krumin, Esq.
Fax: (813) 202-1313
8701 Collins Development, LLC
clo Tena Group
2675 S. Bayshore Drive
Miami, FL 33133
Attn: David Martin
With a copy to: Jeffrey Bercow, Esq.
Bercow Radell & Fernandez,P.A.
200 S. Biscayne Blvd.
Suite 850
Miami, Florida 33131
15. Insurance:Bondins.
(a) Citlz Election to Self-Insure. The City has elected to self-insure the City
Property against physical damage and against liability for loss, damage or injury to property or
persons that might occur on the City Property or to the improvements located on the City
Property.
(b) Developer's Insurance. Developer shall obtain and maintain a liability
insurance policy in the covered amount of at least $1,000,000 per incident, $2,000,000 in the
aggregate, to provide compensation for personal injuries or related claims stemming from any
error, omission, negligence, or misconduct on the part of the Developer, or any of its respective
officers, agents, servants, employees, contractors in the installation or maintenance of the
improvements on the City Property.
(c) Developer shall furnish, or shall cause its contractor to furnish, prior to
commencement of any of the work contemplated by this Agreement, a payment and
performance bond of the form and containing all the provisions set forth in this Section.
Payment and performance bonds shall be in the form of dual obligee bonds from the Developer
andlor contractor (if Developer is not self-performing) in the full amount of the cost of the 87th
Street Improvements, naming the City and Developer (if applicable) as dual obliges and shall
guarantee to the City the completion and performance of the 87th Street Improvements as well
as full payment of all suppliers, material persons, laborers, or subcontractors employed therefor.
Such bond(s) shall continue in effect for one year after completion and acceptance of the 87th
Street Improvements. The surety company shall have at least the following minimum ratings in
the latest revision of Best's Insurance Report
Amount of Bond
500,001 to 1,020,000
1,020,001 to 2,000,000
2,000,001 to 5,000,000
Ratings Category
Class I
Class II
Class III
B+
B+
A
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16. Indemnification by Developer. Developer shall indemnify, hold and save the
City, and its officers, agents, contractors, and employees, whole and harmless and, at City's
option, defend same (using legal counsel reasonably acceptable to City), from and against all
claims, demands, actions, damages, loss, cost, liabilities, expenses, and judgments of any nature
recovered from or asserted against City on account of injury or damage to person(s) or property,
to the extent that any such damage or injury may be incident to, arise out of, or be caused, either
proximately or remotely, wholly or in part, by any act, error, omission, negligence, or
misconduct on the part of Developer, or any of their respective officers, agents, servants,
employees, contractors in the installation or maintenance of the improvements or any other use
of the City Property by Developer. Developer shall and will pay all costs and expenses,
including reasonable attorney's fees and court costs, incurred by or imposed upon the City by
virtue of any litigation brought by third parties against the City, including appeals, alleging
injury or damage to person(s) or property due to the installation or maintenance of the
improvements or any other use of the City Property by Developer.
17. Partial Invalidity. In the event that any one or more of the phrases, sentences,
clauses, or paragraphs contained in this Agreement shall be declared invalid by final and
unappealable order, decree, or judgment of any court, this Agreement shall be construed as if
such phrases, sentences, clauses, or paragraphs had not been inserted in this Agreement, it being
intended by the parties that the remaining provisions of this Agreement shall remain in full force
and effect notwithstanding such invalidation.
18. No Joint Venture. It is not intended by this Agreement to, and nothing contained
in this Agreement shall, create any partnership, joint venture, limited liability company or other
anangement between the City and Developer other than that of owner and independent
contractor. No term or provision of this Agreement is intended to be, or shall be, for the benefit
of any person not a party hereto, and no such other person shall have any right or cause of
action thereunder.
19. Goveming Law. This Agreement and the rights of the parties hereto shall be
govemed and construed in accordance with the laws of the State of Florida and all claims related
to this Agreement shall be brought and prosecuted in Miami-Dade County, Florida, which shall
be the exclusive venue for all such matters. Before resorting to litigation, the parties agree to use
commercially reasonable, good faith efforts to resolve disputes without litigation as hereinafter
provided. In the event of a dispute which the parties cannot resolve directly between themselves
within ten (10) days, the parties agree to submit to non-binding mediation for up to a period of
thirty (30) days after either party sends written notice to the other party demanding mediation
(but no longer unless the parties mutually agree) to resolve the dispute using an independent,
trained mediator agreed to by both parties. If the dispute remains unresolved after such thirty
(30) day period or if the parties cannot agree upon a mediator within fifteen (15) days after the
demand for mediation, either party may proceed to commence litigation. The parties shall
equally split the cost of the mediator.
20. Enforcement. In the event of any dispute under this Agreement concerning the
meaning or interpretation of any provision of this Agreement, the party not prevailing in such
dispute shall pay any and all costs and expenses reasonably incurred by the other party in
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enforcing or establishing its rights thereunder, including, without limitation, court costs and
reasonable attorney's fees before and at trial and through all appellate levels.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
City and Developer with respect to the subject matter hereof, and supersedes and replaces all
prior or contemporaneous discussions, negotiations, letters, memoranda or other
communications, oral or written, with respect to the subject matter hereof. This Agreement may
only be subsequently modified or amended in a writing signed by both the City and Developer.
22. Amendments. No change, amendment or modification of this Agreement shall be
valid or binding upon the parties hereto unless such change, amendment, or modification shall
be in writing and duly executed by all parties hereto.
23. No Waiver. Any waiver by any party of a breach of any provision of this
Agreement shall not operate as, or be construed to be, a waiver of any other breach of such
provision or of any breach of any other provision of this Agreement. The failure of a party to
insist upon strict adherence to any term of this Agreement on one or more occasions shall
neither be considered a waiver nor deprive that party of any right thereafter to insist upon strict
adherence to that term or any other term of this Agreement. Any waiver must be in writing and
signed by the party to be charged therewith.
24. Waiver of Jurv Trial. The parties to this Agreement hereby agree not to elect a
trial by jury of any issue triable of right by jury, and waive any right to trial by jury fully to the
extent that any such right shall now or hereafter exist with regard to this Agreement or any
action or proceeding in which more than one of such parties may be involved. This waiver of
right to trial by jury is given knowingly and voluntarily by the parties hereto, and is intended to
encompass individually each instance and each issue as to which the right to trial by jury would
otherwise accrue. The parties hereto are each hereby authorized to file a copy of this paragraph
in any proceeding as conclusive evidence of this waiver.
25. CorLorate Oblieations. It is expressly understood that this Agreement and the
obligations issued hereunder are solely corporate obligations, and that no personal liability will
attach to, or is or shall be incurred by, the incorporators, stockholders, officers, directors, elected
or appointed officials (including, without limitation, the Mayor and City Commissioner of the
City) or employees, as such of Developer, any of any successor corporation or any of them,
under or by reason of the obligations, covenants or agreements contained in this Agreement or
implied therefrom; and that any and all such personal liability, either at common law or in equity
or by constitution or statute, of, and any of all such rights and claims against, every such
incorporator, stockholder, officer, director, elected or appointed official (including, without
limitation, the Mayor and City Commissioner of the City) or employee, as such, or under or by
reason of the obligations, covenants or agreements contained in this Agreement or implied
therefrom are expressly waived and released as a condition of, and as consideration for, the
execution of this Agreement.
26. Countemarts: Facsimile. This Agreement may be executed in counterparts, each
of which shall be deemed an original and all of which together shall constitute one and the same
instrument. A facsimile signature shall be deemed for all purposes to be an original.
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lN WITNESS WHEREOF, tlie undersigned has caused this Agreernent to be executed
as of the date set forth above.
Witnesses:THE OWNER
8701 COLLINS DEVELOPMENT, LLC
a Florida limited liability comparly
Sign Name:
Print Narne:By:
David Martin, Manager
Sign Name:
Print Name:
STATE OF FLORIDA )
) SS:
cor-rNTY oF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of _,2014
by David Martin, as manager of 8701 COLLINS DEVELOPMENT, LLC a Florida limited
liability company, on behalf of the company. He is personally known to me or has produced
as identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
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Witr-resses:CITY OF MIAMI BEACH, FLORIDA,
a muricipal corporation
Sign Name:
Mayor
Print Narne:
Sign Name:
Print Narne:
ATTEST:
City Clerk
STATE OF FLORIDA )
) SS:
couNTY oF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of _,2014
by Philip Levine, as mayor of the City of Miami Beach, Florida, a Florida municipal corporation,
on behalf of the City. He is personally known to me or has produced
identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
APPROVED AS TO
FORM & LANGUAGE
By:
/.--\ & IQR EXECUTIONffi,'M''285976/4/TAMPA
671
Prepared by and Return to:
Jeffrey Bercow, Esq-
Bercow Radell & Fernandez, P.A.
200 S. Biscayne Blvd., Suite 850
Miami, FL 33131
GRANT OF PERPETUAL EASEMENT (87tn tenneCel
THIS GRANT OF PERPETUAL EASEMENT (this "Easement") is made this day of
by 8701 COLLINS DEVELOPMENT, LLC, a Florida limited liability
company (the "Owner") having its principal place of business at 2665 S. Bayshore Drive, Miami,
Florida 33133 in favorof the CITY OF MIAMI BEACH, a Florida municipal corporation (the "City"),
having its principal place of business at 1700 Convention Center Drive, Miami Beach, Florida
33139.
WHEREAS, the Owner owns that certain property situated, lying and being in Miami-
Dade County, Florida, located at 8701 Collins Avenue, Miami Beach, Florida, and as more
particularly described in Exhibit "A" attached hereto (the "Property");
WHEREAS, the City and the Owner entered into that certain Development Agreement
datedaSof--'2ot4,recordedinofficialRecordsBook,atPage
of the Public Records of Miami-Dade County (the "Development Agreement"), which
constitutes a development agreement pursuant to the Florida Local Government
Development Act, Section 163.3220, et. seQ., Florida Statutes (the "Act") and which
contemplates the renovation and/or redevelopment of the Property (the "Project");
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to grant to
the City a ten (L0) foot wide perpetual easement for the purpose of providing public pedestrian
access through and over a portion of the former, recently vacated, road right-of-way for 87th
Terrace lying East of the Eastern right-of-way line of Collins Avenue and which is more
particularly described in Exhibit "8" attached hereto (the "Easement Parcel");
WHEREAS, granting the easement is a condition of the effectiveness of the vacation of
the road right-of-way for 87th Terrace and the issuance of development permits and approvals
in order to develop the Project;
WHEREAS, pursuant to the Development Agreement, the Owner has agreed to construct
certain improvements (the "87th Terrace lmprovements") to be made to 87th Terrace Property
(as defined in the Development Agreement) as depicted in the 87th Street and Terrace Plans (as
defined in the Development Agreement) in and on the Easement Parcel in order to provide
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enhanced and upgraded public access to the beach and the Atlantic Ocean and the Owner has
agreed to construct the 87th Terrace lmprovements.
NOW THEREFORE, in consideration of Ten and No/100 Dollars (SfO.OOl and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Owner by these presents hereby grants, and conveys to the City, its successors and assigns, a
perpetual easement on, in, and over the Easement Parcel for the purpose of providing public
pedestrian access through and over the Easement Parcel.
The Owner and the City further agree to the following:
L. The Owner hereby grants to the City its employees, contractors, or
representatives, the permanent right and license for purposes of ingress and egress to and
from the Easement Parcel for the purposes of inspecting, maintaining, repairing, and
replacing the public sidewalks and all related public pedestrian improvements to be
constructed on the Easement Parcel. The Owner hereby also grants the City the right to use
and occupy the subsurface of the Easement Parcel for any utility or drainage or other use or
purpose, including, without limitation, the right to construct, install, maintain and operate
therein electrical, telephone, telegraph, telecommunication, gas, gasoline, sewer, water, and
drainage fixtures and the Owner grants to the City the right to grant easements to third parties
to do the same. The City and third parties to whom the City grants easements over the
Easement Parcel shall bear the cost for repairing any damage that they cause to the Easement
Parcel while acting in such party's official capacity and for the purposes stated in this
paragraph or otherwise working at the direction of the City.
2. Following Owner's completion of the 87th Terrace lmprovements, the Owner
shall have the sole responsibility and shall bear the total cost for the repair and maintenance
of same, except for any repairs and maintenance arising from the gross negligence of the City,
its employees, contractors, representatives, any third parties to whom the City has granted
easements over the Easement Parcel, or any successors, while acting in such party's official
capacity or otherwise working at the direction of the City.
3. The Owner shall provide the same level of maintenance on the Easement Parcel
and the improvements thereon as the City currently provides for its public sidewalks. The
Owner shall include the Easement Parcel as part of any security plan for the Property. Such
security program shall require, at minimum, a roving security guard or video monitoring of the
Easement Parcel. As part of the security program, the Owner shall be responsible for enforcing
the hours of access limitations; the Easement Parcel shall generally be open to the public
and/or guests or invitees of the Owner from sunrise to sunset daily.
4. The Owner shall maintain insurance on the Easement Parcel at all times as is
reasonably customary for such property, and in any event with the minimum amounts as
follows:
a. Commercial General Liability: S1,000,000 per occurrence; 52,000,000 in the
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aggregate.
b. Property: Full replacement value for any improvements within the
Easement Area.
Such insurance policies shall name the City as an additional insured and loss payee
(with respect to property coverage) thereunder; shall be written by insurance companies
licensed to do business in Florida and with general policyholder rating of no less than A- and a
financial rating of at least Vll; and shall contain a requirement that the insurer provide 30-days
written notice to the City of any cancellation of coverage to the attention of Risk Manager,
1700 Convention Center Drive, Miami Beach, Florida 33L39. The Owner shall provide the City
with a certificate of insurance evidencing said coverages.
5. The Owner reserves unto itself, its successors and assigns, the perpetual right
and privilege of:
a. Right of ingress and egress to and from the Easement Parcel for construction
access to the Property, and Owner shall bear the cost for repairing any
damage to the Easement Parcet, resulting from such construction;
b. Unrestricted vehicular and pedestrian access to, over, across and in the
Easement Parcel, provided that such use does not materially interfere with
the continued use of the Easement Parcel as permitted herein by the City
and the public; and
c. Using and occupying, and granting to any parties providing utility service,
telephone service and to other similar parties, the right to use and occupy
the subsurface of the Easement Parcel for any utility or drainage or other
use or purpose which does not materially interfere with the non-exclusive
rights herein granted to the City, and its authorized invitees, agents,
employees, guests lessees and licensees, including, without limitation, the
right to construct, install, maintain and operate therein electrical, telephone,
telegraph, telecommunication, gas, gasoline, sewer, water, and drainage
fixtures.
6. The parties agree that in connection with each of their respective rights to
install and maintain utilities in the subsurface of the Easement Parcel pursuant to this grant of
easement, each party (i) shall notify the other of its intention to install, repair or otherwise
maintain such utilities, (ii) shall cooperate fully with the other party and take such steps as
may be necessary to insure that any such installation, maintenance or repair of said utilities
will not interfere with the use or functioning of existing utilities, (iii) shall, to the extent
feasible, integrate any proposed installation, maintenance or repair with any proposed work of
a similar nature by the other party, and (iv) shall not unreasonably interfere with the use of
the Easement Parcel by the other party as permitted under this grant of easement.
285975t4t1AMPA
674
7. City shall not construct or permit to be constructed any structure or obstruction
on or over or interfering with the construction or any other aspect of the 87th Terrace
lmprovements located upon the Easement Parcel.
8. Owner covenants, warrants and represents that it is the fee simple owner of
the Easement Parcel and has the right, title, and capacity to grant the perpetual easement
granted herein.
9. This grant of perpetual easement shall inure to the benefit of and be binding
upon the heirs, legal representatives, successors and assigns of the parties hereto, as
applicable.
10. Any notices required or permitted to be given under this Easement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by recognized
overnight courier (such as Federal Express) or mailed by certified or registered mail, return
receipt requested, in a postage prepaid envelope, and addressed as follows:
lf to the City at: City of Miami Beach, City Hall
1700 Convention Center Drive
Miami Beach, Florida 3313
Attn: City Manager, City Attorney
With a copy to: Squire Patton Boggs (US) LLP
201 North Franklin Street, Suite 2100
Tampa, Florida 33602
Attn: Stacy Krumin. Esq.
lf to Owner at: 8701 Collins Development, LLC
c/o Terra Group
2675 S. Bayshore Drive
Miami, FL 33133
Attn: David Martin
With a copy to: Jeffrey Bercow, Esq.
Bercow Radell & Fernandez, P.A.
200 5. Biscayne Blvd.
Suite 850
Miami, Florida 33131
Notices personally delivered or sent by overnight courier shall be deemed given on the
date of delivery and notices mailed in accordance with the foregoing shall be deemed given
three (3) days after deposit in the U.S. mails. The terms of this Section shall survive the
termination of this Easement.
285975/4/TAMPA
675
11.Construction.
a. This Easement shall be construed and governed in accordance with the laws
of the State of Florida. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof; and, accordingly, this
Easement shall not be more strictly construed against any one of the parties
hereto.
b. ln construing this Easement, the use of any gender shall include every other
and all genders, and captions and section and paragraph headings shall be
disregarded.
c. All of the exhibits attached to this Easement are incorporated in, and made a
part of, this Agreement
L2. Severabilitv. ln the event anyterm or provision of this Easement be determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given
its nearest legal meaning or construed as deleted As such authority determines, and the
remainder of this Easement shall be construed to be in fullforce and effect.
L3. Litieation. ln the event of any litigation between the parties under this
Easement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's
fees and court costs at all trial and appellate levels. The terms of this Section shall survive the
termination of this Easement.
14. Time of Essence. Time shall be of the essence for each and every provision
hereof.
15. Entire Agreement. This Easement, together with the documents referenced
herein, constitute the entire agreement and understanding among the parties with respect to
the subject matter hereof, and there are no other agreements, representations or warranties
other than as set forth herein. This Easement may not be changed, altered or modified except
by an instrument in writing signed by the party against whom enforcement of such change
would be sought.
16. Force Maieure. Any prevention, delay or stoppage due to strikes, lockouts,
labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes
therefor, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform, excluding the financial inability of such party to
perform shall excuse the performance by such party for a period equal to any such period of
prevention, delay or stoppage.
28597514lTAMPA
[Signature pages to follow]
676
lN WITNESS WHEREOF, the undersigned has caused this grant of perpetual easement
to be executed by execution of this instrument as of this _day of
201.4.
Witnesses:THE OWNER
8701 COLLINS DEVELOPMENT, LLC
a Florida limited liability company
Sign Name:
Print Name:
Print name:
Sign Name:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI.DADE
The foregoing instrument was acknowledged before me this day of ,2OL4
by David Martin, as manager of 87OL COLLINS DEVELOPMENT, LLC a Florida limited liability
company, on behalf of the company. He is personally known to me or has produced
as identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
By:
SS:
28597514rfAMPA
677
ACKNOWLEDGED AND ACCEPTED this
Witnesses:
day of 2Ot4by:
CITY OF MIAMI BEACH, FLORIDA,
a municipal corporation
Sign Name:
Mayor
Print Name:
Sign Name:
Print Name:
ATTEST:
City Clerk
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of _,2Ot4
by Philip Levine, as mayorof the Cityof Miami Beach, Florida, a Florida municipal corporation,
on behalf of the City. He is personally known to me or has produced
identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
APPROVED AS TO
FORM & LANGUAGE
By:
SS:
285975/4/TAMPA
678
CONSENT AND SUBORDINATION
The undersigned lien or, owner and holder of that certain [Mortgage] recorded in Official
Records Book _, at Page of the Public Records of Miami-Dade County, hereby
consents to the grant of easement rights as provided herein and subordinates the lien and
effect of its security interest to this Easement.
Sign Name:
Print Name:Name:
Title:
Sign Name:
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 2014
- on behalf of the . He/she is personally known to me or
has produced as identification.
NOTARY PUBLIC
Typed or Printed Name of Notary
My Commission Expires:
Serial No., if any:
By:
SS:
ofby
285975l4tTAMPA
679
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PUETIC HEAHING
iSTEE l3 IIEREEY givfn th6l a $eoonS HeadingtFuhlic *ls{rln$ nl[:l b,s hosrd hy thc
Mayor and Cisy Somml**ioe ol tt!* eky rf hllsmJ 8esdt, Florlda, h llte Comrnis*t$n
Chnmbsr*, Third Floqr, Giiy Ftsl!. 1?0* EsrlventJqn fenter Erive, Hismi Fendr. Fh*tds,
oE liliMnandry,l\aoieafirbff IS, ZS'l{ rt tI:?S r.m.. or aE soBn ther8aft€r aB th€ mat}Br can
bs hsard, to considsr:
A H+xqli*rsn fif Th* Mnlror,&rd Eity f*rnmi**isn Of The firy Of Miami Ee*ch,Is
Con*id*r Ap$rorr*:I" fulls{vitrtg $econd fteadiogtRrhlic }lsering Of .A De$elqpment
AgrEGmEnl As Authorired Unde{ Sectiqn 118-4 Of The City Eode, And $ectisna
1HL3t?U * 1trL3243, Floiida 8t*tutss, BshE66r! Ths ery And S?91 Cdllinr
Dev*X*pmer& IIC t.8]sl"l, Sfrleh o**eloprn*nt A*rBBm*n* {11 Memorisllre*Ihe
Condtrirm* Fsr\fucelln$Ths girty? fii*ht Of'WayAt STeTerrace {ast O{ Cdlim lnnen*:e
i"City PEsrd"l; t2) GrantrToTheCiryA Farpetual Fedesl*tnA-Eceaa EasemagtADrEEc
A Portiun 0f The \hcated City Parcol; {3J Ensurus Tt}B Paymsnt Tsrms For tri0'lt
Pryment Oi A \hh:ntary Monetary Cgnliitgtion. l* Tha ,Arnpunt Ol S1S,5 Millinti
Fsller*"Tc Be Use{t ByThr ftly Fff Fut}ie Frrpose*l {41 Oe,lirecte*Th* eo$dition*
FqrTrls C.$firinrcti{r1 StThe Ft$iiect LaeHtEd At 8y0* Sof:lins AveftueAE & llstrl An#
Os Eeside.,mial f,andsminium Site; Ard t6l SubieEETB And Conliirqsn{ Uipon 870I's
*ltislnfiion OfTho $onditioos Sdt Fofih [n Th* Developrnant AgresmsnL Jnquir*oc
fir$r ss di erf*d ld rhf 0ilr {rf$rfls.}i* #ffiss. st s05,6't , /470.
PFOfERIt E?01 eo:llircLrenue, Mi*rni Bea*t, F{ori{*a tFslist{*. B?'3!0?-SBS.S01SL
and 8?thTrrraca aaat of Coltins Av€nr.la"
FEhhllTfE$ USES: Fi'tay induds Eondsrfliniurns; ap€rln*nts: apartment-homls;
hstct{; t}sfi6si}}st*l untrt; and il$eq$*sry uses i![eh s* fqcilities fur ooff',ention*,
hFnque.ts Hnd osher lunctipn$ *pa,l besdlkont reeilestisnFl tacilit[e{ rwi*urafil*:
Barhirq teeilitie$ admifii5t-ariva qffiaE epece: end afly qth€r hFrE] o{ iasgrt rdst8d
ureru inclrxiing rcEfiEEory urtr *tmnrorrfy .$ffiilciatsd f*[th h6t6k, is pt.rnlasd
q,rd*r th* firy'r Land Oermlopm*nt fru$rdadenr"
TIL* rrlerirflirm rtsidential danBity is 100 di,lrdling units per Bare.The rnaxinrum
huilffng intenaity is a floer arBe ratio of ?,0, The rnaxirnum buildir*g keigtc is
200 fee|-The ac*la oi the hoasl use ia liminBd by sa&adr. hsight ffoor area ratio,
mlnimurn roorm $lx* find *ilwr sruvlsion* of tbr tsnd SEeelo$meft fegvt*tlo*s,
The teight qf any ftehitsbtebuilding on the Pro.p*rtv *hall not exceed t*0 tax uafte
top oI the rool, snd *rrfiitBctural proiBEtionE u/ill comply wiah the terrns of th* City'a
t *nd Devslagrnent 86guls tit:ns.
A copy sf t ra prsFpsed tlerefupr$efltS{rrcernent is avarlable frr inrpee+nrn cfld ra€y
obl*i,}edbyinqsiixrhgatfh8ftfy,{8toIfisybOffissff&67e7CJ0, ?I00Cw.},Brrt.BIl
Srivs" da Ffoor, *liamiEeacfi, Flonda 3,?X$$,
INTESE*TED PAEIIES nre In*{tqd to spp*fir dt thr* .rrs*tin6, *. ta r0n*ts*rrt6d t'} orl
*{*nl. &r ts*xpr**$ thslf yee$is {E Brflting sd'Jre***d:ro $e chr e ommi**i*tr. rse the etty
flerk, !?SQ fruneemlw Centef Orive, !" Flpor, qtv H*I|, il{aBmi Eee$, Fhrlda 38139-This
itsrfl is *vailable lor public in<pertion during nprnwl buainass ftours in tfte City ffierkb
Office, I78$ fonl*n{isn Cer*or firi*o, 1s Flsor" City Hall, Miilrra Bcsch, Fidride *ll33,
This mecring, flr iny it*r$ h*niin, may b$ mntlnrre{t, sild undsr su*h ekeurilstBfice$,
*dditiarcsf k{al nprioe need nst be prqvided"
FursuanttoS€Dtion?SE.fi05. F*a,5tB1.,the City hqr*fuaduiseethe:public*ratiif a percan
dmide* ts epf eal trty dccklor m*d* hrt th* (hy eomml*sion u*lrh recpefr t6 flfiy mefiBr
*en*ldersd &l ll* rns*llfi$ s{ Irs h**t{ng, such n*r*on $rs$t an$urB lhfll $ vertr}atl{fi {essrd
*f ilrB pr$f,**dirrps i* m*d*, wfiq;h recocd irtrd|^"lrte* the ts*timeny H$d csx{$erHs {rpo$
$rhirh tha appeal is ta be bassd. Ttris nolice does not EonEtitutE c$nsBrrt by the Ci'ty fo!
tta introducti*n w admrisaiqn o{slfisrwirE insdrfikslbls or irraieysnt e?idanffi.. nor doa€
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&t 3$5,fl3.74lth.sie*) df TIY r.eers ffiay olso r$ll the FlorH* f,*lay $sflkq at 711"
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THIS PAGE INTENTIONALLY LEFT BLANK
682
R7 - Resolutions
R7F A Resolution Adopting The Fifth Amendment To The General Fund, Enterprise Fund,
lnternal Service Fund, And Special Revenue Fund Budgets For Fiscal Year (FY)
2013114. 11:30 a.m. Public Hearinq
(Budget & Performance lmprovement)
(Memorandum to be Submitted in Supplemental)
Agenda tum n7F
Date //_/?-$683
THIS PAGE INTENTIONALLY LEFT BLANK
684
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the First
Amendment to the Caoital Budoet for Fiscal Year 2O14115.
lntended Outcome
Clerk's Office
E)IBA fiEn R7 Cr
r,Arr lHq'lq
Ensure Value and Timely Delivery of Quality Capital Projects, Ensure Well-Maintained Facilities, lmprove
Storm Drainage Citywide, Maintain City's lnfrastructure, lmprove Parking Availability, Preserve Our
Data Environmental etc.): N/A
Item Summary/Recommendation :
Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and
priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves as the primary planning tool for
systematically identifying, prioritizing and assigning tunds to critical City capital development, improvements and
associated needs.
The City's capital improvement plan process begins in the spring when all departments are asked to prepare
capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual
departments prepare submittals identifying potential funding sources and requesting commitment of funds for
their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2014115 -2018119 Capital
lmprovement Plan and FY 2014115 Capital Budget were adopted on September 30,2014, by resolution 2014-
28763. Section '166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be
adopted in the same manner as the original budget. Administration recommends adopting the resolution for the
first amendment to the FY 2014115 Capital Budget.
The first amendment to the FY 2014115 Capital Budget totals an increase of $9,754,000 and a re-appropriation of
$13,026,333 in order to provide additional funding to the following eight capital projects.
'1. Biscayne Point Neighborhood lmprovements2. West Avenue/ Bay Road Improvements3. Sunset Harbor Pump Station Upgrade4. Venetian lsland Neighborhood5. 7th Street Parking Girage6. Police Station Building- Firing Range Ventilation S)rstem Replacement7. Scott Rakow lce Rink
8. Biscayne Pointe lsland Entryway
THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION ADOPT THE
RESOLUTION ADOPTING THE FIRST AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2014t15
Financiat lnformation:
Source of
Funds:
Amount Account
$8,521,285
$1,047,69s
$'t17,120$ 67,900
304- Capital reserve
142-7th Street Parking Garage
125- Capital Renewal & Replacement Fund
306-Mid Beach Quality of Life
OBPI Total $9,754,000
Financial !mpact Summary:
{s MIAMIBTACH 685
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
November 19,2014
A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2014115.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves
as the primary planning tool for systematically identifying, prioritizing and assigning funds to
critical City capital development, improvements and associated needs.
The City's capital improvement plan process begins in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing and
proposed capital projects. lndividual departments prepare submittals identifying potential
funding sources and requesting commitment of funds for their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2014115 -
2018119 Capital lmprovement Plan and FY 2014115 Capital Budget were adopted on September
30, 2014, by resolution 2014-28763. Section 166.241(4Xc.), Florida Statutes, requires that a
municipality's budget amendment must be adopted in the same manner as the original budget.
Administration recommends adopting the resolution for the first amendment to the FY 2014115
Capital Budget.
FIRST AMENDMENT TO THE FY 2014/15 CAPITAL BUDGET
The first amendment to the FY 2014115 Capital Budget totals an increase of $9,754,000 and a
re-appropriation of $13,026,333 in order to provide additional funding to the following eight
capital projects.
1. Biscayne Pointe Neighborhood lmprovements: This project requires a budget
amendment for an additional $3,277,808 to accommodate improvements to the
686
Resolution Adopting the First Amendment to the Capital Budget for FY 2014115
November 19,2014
Page 2 of 5
2.
storm water drainage within the neighborhood. This includes drainage on Crespi
Boulevard, from 79th Street to 84th Streets, and a water main replacement, from 80th
to 85th Streets.
This amendment will be funded from funds previously appropriated for the Belle lsle
Outfall Pipe Replacement, LaGorce and North Shore Neighborhood lmprovements,
Flamingo Neighborhood Bid Pack A, Flamingo Neighborhood Bid Pack C, and the
Palm and Hibiscus lsland Enhancement projects; all of which are lower priority
projects. The timing for reimbursements will be assessed during the rest of this fiscal
year and during the FY 2015116 budget process. This project change order was
approved at the October 29,2014 Commission meeting.
West Avenue/ Bay Road lmprovements: This project requires a budget
amendment to transfer $8,012,739 in funding from existing projects to install a new
48-inch drain pipe from 6th to 8th Streets, where an existing 48-inch gravity outfall is
located. This wilt also provide additional capacity in the drainage system on 10th
and 14th Streets, which will be installed by the City and FDOT.
This amendmentwill also be funding street reconstruction along 1Oth, 14th and 17th
Streets, West Avenue between 6th and 8th Streets, as well as an additional pump
station on 17th Street and Alton Road, where an old gravity drainage system is
located.
This amendment will be funded from funds previously appropriated for the LaGorce
Neighborhood lmprovements, North Shore Neighborhood lmprovements, Palm &
Hibiscus lsland Enhancement, Bayshore Neighborhood- Bid Pack C, Citywide Water
and Sewer Main Assessment, and the Drainage lmprovement- North Bay & 5th Street
projects; all of which are lower priority projects. The timing for reimbursements will
be assessed during the rest of this fiscal year and during the FY 2015116 budget
process.
A project change order was approved at the October 29, 2014 commission meeting
in the amount of $15,670,000. Of this amount, the unbudgeted amount is
$12,299,689. The remaining balance of $4,286,950 will be appropriated through a
budget amendment when other funds become available.
Sunset Harbor Pump Station Upgrades: This project requires a budget
amendment for an additional $1,341,000 to accommodate additional engineering
services, drainage structure modification, drainage pipe and water main
replacement, replacement of failing water supply distribution and improvement of
drainage on West Avenue and Bay Road in Sunset Harbor. lt will also fund
emergency lining of sewer force mains on Sunset lslands.
3.
687
Resolution Adopting the First Amendment to the Capital Budget for FY 2014115
November 19,2014
Page 3 of 5
This amendment will be funded from funds previously appropriated for LaGorce and
North Shore Neighborhood lmprovements projects; all of which are lower priority
projects. The timing for reimbursements will be assessed during the rest of this fiscal
year and during the FY 2015116 budget process. This project change order was
approved at the October 29,2014 commission meeting.
4. Venetian lsland Neighborhood: On February 12, 2014, the City Commission
approved the recommendation by the Mayor's Blue Ribbon Panel on Flood Mitigation
and the Flooding Mitigation Committee to amend the City's Storm Water
Management Master Plan by modifying the design criteria for all tidal boundary
conditions. The Public Works Department requested that staff implement the
enhanced stormwater system criteria on Venetian lsland. The new criteria required
the Engineer of Record to revise the current design documents included in the
contract for this project. This action generated a redesign effort by the consultant by
adding scope and impact to the project duration. Additional Funding in the amount of
$8,521,285 is attributed to the new design criteria implemented for the enhanced
stormwater improvements.
Resolution 2002-24764 stipulates that the Capital Reserve funds should be used for
projects not funded from bonds, grants, or loans. The administration recommends a
one-time waiver of this policy in order to accommodate the temporary funding of this
project at this time from Capital Reserve Fund 304 Fund for cashflow purposes. The
timing of reimbursements will be assessed during the rest of this fiscal year and
during the FY 2015116 budget process. This will leave a balance of approximately
$1.07 million in this fund.
Prior Years' Aoorooriations $26,499,435
November 19. 201 4 Budqet Amendment 8,521,285
Prooosed Total Aonrooriations $35.050.720
5. 7th Street Parking Garage: A budget amendment in the amount of $1,242,481 is
being requested after submitted bids had to be rejected due to the bids highly
exceeding the estimated construction budget for this project. The ongoing increase in
pricing in the construction industry in the area superseded the construction costs
projections of this budget. The rise in construction costs was clearly noted after
review of the submitted bids. Based on the current prices submitted, a revision was
made to the construction costs estimate to properly account for current industry
pricing. Further, the revision to the construction costs estimate accounts for the
current pricing in additional design services that are to be included in this project and
incorporates fees by the CIP office for the services that are going to be rendered in
accordance to the revised pricing. This amendment will be funded by transferring
$194,786 from the 7th Street Parking Garage Maintenance project to combine both
688
Resolution Adopting the First Amendment to the Capital Budget for FY 2014115
November 19,2014
Page 4 of 5
projects; and $1,047,695 will be funded from the 7th Street Garage Fund 142 Fund
Balance.
Prior Years' Appropriations $1.900.000
November 19.2014 Budoet Amendment 1,242.481
Proposed Total Appropriations $3,142,481
6. Police Station Building- Fire Range Ventilation System Replacement: $1 17,120
in Additional funding is required to accommodate higher cost of construction, owner's
contingency, additional professional services and other soft costs. This amendment
will be funded from Renewal & Replacement Fund 125 Fund Balance.
Prior Years' Approoriations $370.000
November 19,2014 Budqet Amendment 117,120
Proposed Total Appropriations $487,120
7. Scott Rakow lce Rink: On March 5,2014, the City Commission requested that staff
look at possible ways to reconfigure existing interior spaces to include a Multi-
purpose room, skate rental area and new showerfacilities. On June 11,2014, the
Commission approved the additional scope at Scott Rakow Youth Center lce Skating
Rink as follows: new women's and men's showers and locker rooms, with an
approximate area of 595 SF., new multipurpose room, with an approximate area of
372 SF., and a new skate rental, with an approximate area of 353 SF. The approved
budget was $265,000 and construction prices came higher than anticipated, all the
available funding was used to award a contract to BDI Construction on October 29,
2014. The budget request of $67,900 being presented is for funding related to
consulting services during the construction process and a ten percent contingency
for unforeseen conditions. This amendment will be funded from Mid Beach QOL
fund 306 Fund Balance.
Prior Years' Aoorooriations $1,892,421
November 19,2014 Budqet Amendment 67.900
Proposed Tota! Approoriations $1.960.321
8. Biscayne Pointe lsland Entryway: Reallocating $200,000 from the Biscayne Point
Neighborhood lmprovement Project to a separate project entitled Biscayne Point
Entry Way. The Biscayne Point residents requested enhancements to the Biscayne
Point Entryway, at the August 29, 2014 Finance and Citywide Projects Committee
689
Resolution Adopting the First Amendment to the Capitat Budget for FY 20i4l1|
November 19,2014
Page 5 of 5
meeting, which approved additional funding required to complete these
enhancements.
690
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAMI BEAGH, FLORIDA, ADOPTING THE FIRST AMENDMENT TO THE
GAPITAL BUDGET FOR FISCAL YEAR 2014115.
WHEREAS, the Miami Beach Capital Budget for FY 2014115 was approved and
appropriated via Resolution No. 2014-28763 on September 30, 2014; and
WHEREAS, it is recommended the FY 2013114 Caprtal Budget be amended to add
appropriations totaling $9,754,000 to eight projects, and re-appropriate $'13,026,333 between
existing projects highlighted in "Attachment C - Projects"; and
WHEREAS, the proposed amendment to the FY 2014115 Capital Budget are included in
"Attachment A - Source of Funds" and "Attachment B - Program".
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CIry COMMTSSION
OF THE CITY OF MIAMI BEAGH, that the Mayor and City Commission hereby adopt the First
Amendment to the Capital Budget for Fiscal Year 2014115 as shown in Attachment A (Source of
Funds), Attachment B (Programs) and Attachment C (Projects).
PASSED AND ADOPTED this 19th day of November 2014.
Philip Levine, Mayor
Attest:
Rafael Granado, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
691
Funding Source
Adopted Capital
Budget
Amended
11t19114 Revised
2003 GO Bonds - Neighborhood lmprovement $160,000 $160,000
2003 GO Bonds - Fire Safety 625,000 625,000
2010 Parking Bonds Reso. 2010-27491 2,301,000 2,301,000
7th Street Garage 170,000 1,047,695 1,217,695
Capital Projects Not Financed by Bonds 765,000 765,000
Capital Reserve 0 8,521,285 8,521,285
Convention Center 525,000 525,000
Concurency Mitigation 2,060,000 2,060,000
Equipment Loan/Lease 4,947,000 4,947,000
Fleet Management Fund 50,000 50,000
Half Cent Transit Surtax - County 2,333,000 2,333,000
lnfo & Communications Technology Fund 280,000 280,000
Local Option Gas Tax 336,000 336,000
MB Quality of Life Resort Tax Fund - 1%5,044,000 67,900 5,111,900
Miami-Dade County Bond 54,400,000 54,400,000
NB Quality of Life Resort Tax Fund - 1%2,787,000 2,787,O00
Non TIF RDA 11,712,000 (11.712,000
Parking Operations Fund 2,270,O00 2,270,000
Pay-As-You-Go 2,630,000 2,630,000
Proposed Future RDA Bonds 3'10.050,000 310,050,000
Proposed Future Resort Tax 1 Bonds 204,500,000 204,500,000
Proposed Future Water & Sewer Bonds 14,476,000 14,476,000
Proposed Parking Bonds 59,500,000 59,500,000
Proposed Sormwater Bonds 51,876,000 5'1,876,000
RDA Garage Fund 2,719,000 2,719,000
Renewal & Replacement Fund 1,966,000 't't7,'t20 2,083,120
SB Quality of Life Resort Tax Fund - 1%1,870,000 1,870,000
Sanitation Enterprise Fund 375,000 375,000
South Pointe Capital 10,574,000 10,574,000
W&S GBL Series 2010 CMB Reso 2009-27243 458,000 458,000
Water and Sewer Enterprise Fund 150,000 150,000
Total Appropriation as ot 11/,19114 $ 728,485,000 $ 9.754,000 $ 738,239,000
ATTACHMENT A
FY 2014115 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 11119114
NOTE: The West Avenue/ Bay Road lmprovement, Biscayne Point Neighborhood lmprovement, Sunset Harbor
Pump Station tJpgrades, 7th Street Parking Garage, and Biscayne Pointe lsland Entryway proiects will be funded
by funds previously appropriated to other proiects.
692
ATTACHMENT B
FY 2014115 CAPITAL BUDGET
PROGRAMS
Amended 11119114
NOTE: The West Avenue/ Bay Road lmprovement, Biscayne Point Neighborhood lmprovement,
Sunset Harbor Pump Station Upgrades, Tth Street Parking Garage, and Biscayne Pointe lsland
Entryway projects will be funded by funds previously appropriated to other projects.
Prooram Area
AOOpreo uaprtar
Budget Amended 11119114 Revised
Bridges $283,000 $$283,000
Communitv Centers 42,000 42,000
Convention Center 522,013,000 s22,013,000
Environmental 437,000 (213,0001 224,000
Equipment 6,177,000 6.177,000
General Public Buildinos 5,588,000 5,588,000
lnformation Technoloov 280,000 280,000
Parking 833,000 833,000
Parking Garages 61,569,000 (194,786 61,374,214
Parking Lots 468,000 468,000
Parks 7,895,000 67,900 7,962,900
Renewal & Replacement 4,366,000 1,359,601 5,725,601
Seawalls 254,000 254,000
Streets/ Sidewalk lmps 86.181,000 7,972,393 94,153,393
TransiU Transportation 8,77't,000 8,771,000
Utilities 23,328,000 761,892 24,089,892
Total Appropriation as o111119/14 $ 728,48s,000 $ 9,754,000 $ 738,239,000
693
ATTACHMENT C
CAPITAL BUDGET
PROJECTS
Amended 11119114
Capital Project Name Adopted Capital
Budget
Amended
11119t14
Revised Capital
Budget
West Avenue / Bay Road lmprovement $ 21,929.269 $ 8,012,739 $ 29,942,008
Biscavne Point Neioh lmprov 22.805.30s 3.077.808 25,883,113
Sunset Harbor Pump Station Upgrades 6,687,000 1,341,000 8,028,000
LaGorce Neighborhood lmprov 18,568,616 (4,469,999t 14,098,617
North Shore Neiqh lmprov 't2.323.99'.1 1.478.571\,10.84s.420
Palm & Hibiscus lsland Enhancement 18.122.646 (5.712,172)12,410,474
CW Water & Sewer Main Asst 513.000 (213.000 300,000
Drainage lmprov. Bay & 0/o6 St 187,292 u87.292 0
Flaminoo Neioh West 5,706,335 (85.453 5.620.882
Bell lsle 484.519 (391.816 92.703
Flaminoo Neiohborhood South 9,371,487 (93.244 9.278.243
7th Street Parkinq Garaqe 1.900.000 1.242.481 3,142,481
Maint- 7th St. Parking Garage 09 360.000 (194.786)165,214
Venetian Neiohborhood 26,499,435 8,521,285 35.O20.720
Police Station Building- Firing Range
Ventilation 370,000 117J20 487.120
Scott Rakow Youth Center lce Rink 1.852.421 67,900 1,960,321
Biscavne Pointe lsland Entrvwav 50.000 200.000 250.000
Total $ 147,771,316 $ 9.754.000 $ 1s7,525,316
694
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695
THIS PAGE INTENTIONALLY LEFT BLANK
696
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution setting the dates for the year 2015 City Commission meetings
Supports multiple KIO's
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item S ummary/Recommendation :
Pursuant to Section 2.04 of the Miami Beach City Charter, the City Commission shall meet at such times
as may be prescribed by ordinance or resolution. The Administration recommends that when preparing the
City Commission meeting calendar, the City Commission take into consideration the following events: U.S.
Conference of Mayors; Miami-Dade County Days; Art Basel; ICMA Conference; August recess; September
to set the tentative/final millage and budget approval; November for election/runoff election meetings (if it is
an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is
scheduled for February 12-16, with move-in scheduled to start on February 6-1 1 and move-out scheduled
on February 17-20, which creates significant parking and traffic challenges for the City Hall area.)
ln order to make the City Commission Meetings more efficient and prevent residents from spending
multiple hours waiting for a time certain item to be heard, Mayor Philip Levine proposed in 2013 that all
presentations and awards be heard at a separate meeting. By placing the Presentations and Awards on an
alternate meeting date, the regular City Commission meetings will start business on time, which will
increase the likelihood that time certain agenda items are taken up at the time listed, or closely thereafter.
Additionally, having a designated Presentations and Awards Commission Meeting will allow the City
Commission an opportunity to properly acknowledge and show gratitude to those individuals or groups who
have taken an active role in serving our community. lf needed, the Presentations and Awards Commission
Meeting may be utilized for items that are deemed emergencies and/or continued or not reached during
the previous Commission Meeting.
The Administration recom mends the resolution.
Board Recommendation:
Financial lnformation :
Source of I IFunds: t-- 1 l-r--il
oBPI f-TAar-T-
Financial lmpact Summary:
Rafael E. Granado, City Clerk
Dates\2O1 5-comm issioner.dates-SUM.doc
AGENDA ITEiI
DATE
R1H
il-n-tttMIAMIBEACH697
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
19r5.20r5
Mayor Philip Levine and Members of City Co
Jimmy L. Morales, City Manager
November 19,2014
TO:
FROM:
DATE:
SUBJECT:A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CIry OF
MIAMI BEAGH, SETTING THE DA
MEETINGS.
FOR THE YEAR 2015 CITY COMMISSION
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
Pursuant to Section 2.04 of the Miami Beach City Charter, the City Commission shall meet at such
times as may be prescribed by ordinance or resolution.
The Administration recommends that when preparing the City Commission meeting calendar, the
City Commission take into consideration the following events: U.S. Conference of Mayors; Miami-
Dade County Days; Art Basel; ICMA Conference; August recess; September to set the
tentative/final millage and budget approval; November for election/runoff election meetings (if it is
an election year); and Federal & Religious Holidays. (Note: The Miami Beach Annual Boat Show is
scheduled for February 12-16, with move-in scheduled to start on February 6-11 and move-out
scheduled on February 17-20, which creates significant parking and traffic challenges forthe City
Hall area.)
ln order to make the City Commission Meetings more efficient and prevent residents from
spending multiple hours waiting for a time certain item to be heard, Mayor Philip Levine proposed
in 2013 that all presentations and awards be heard at a separate meeting. By placing the
presentations and awards on an alternate meeting date, the regular City Commission meetings will
start business on time, which will increase the likelihood that time certain agenda items are taken
up at the time listed, or closely thereafter. Additionally, having a designated Presentations and
Awards Commission Meeting will allow the City Commission an opportunity to properly
acknowledge and show gratitude to those individuals or groups who have taken an active role in
serving our community. lf needed, the Presentations and Awards Commission Meeting may be
utilized for items that are deemed emergencies and/or continued or not reached during the
previous Commission Meeting.
TheAdministration suggests thatwhen scheduling the 2015 City Commission Meeting dates, the
City Commission accomplish three goals: 1) schedule one City Commission meeting and one
Presentations and Awards Commission Meeting a month, if possible; 2) schedule Commission
meetings on Wednesdays; and 3) not schedule Commission meetings during the month of August,
while the City Commission is in recess.
698
Based on the consensus reached at the October 22, 2014 Committee of the Whole, it is
recommended that the City Commission meetings be set as follows:
Commission Meetinqs
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July 8 (Wednesday)
August - City Commission in recesis
September 9 (Wednesday)
October 14 (Wednesday)
November 9* (Monday)
December 9 (Wednesday)
. Meeting(s) for election related items only.
Presentations & Awards Commission Meetinqs
January 27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April 29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September TBA) ld Aag of Budget
October 28 (Wednesday)
November 23*(Monday)
December 16 (Thursday)
CONGLUSION
The Administration recommends that the Mayor and City Commission approve the proposed City
Commission Meeting dates and the Presentations and Awards Commission Meeting dates for2015,-t\c
JLM/REG/lc
Attachment "A": List of legal and religious holidays.
Attachment "8": List of Jewish holidays.
T:\AGENDA\2014\NovembeMO15 City Commission Dates\201S-Commission.dates-MEMO reg.doc
699
Attachment "A"
GITY OF MIAMI BEACH LEGAL AND RELIGIOUS HOLIDAYS 2015
New Year's Day Thursday, January 1, 2015
Dr. Martin Luther King, Jr. Day Monday, January 19,2015
President's Day Monday, February 16,2015
Good Friday Friday, April 3,2015
Easter Sunday, April 5, 2015
Memorial Day Monday, May 25,2015
lndependence Day Friday, July 3, 2015
Labor Day Monday, September 7,2015
Veterans Day Wednesday, November 11,2015
Thanksgiving Day Thursday, November 26,2014
Day after Thanksgiving Friday, November 27,2014
Christmas Friday, December 25,2015
700
Fast ofTevet 10
Tu B'Shevat
Purim
Ta'anit Esther
Shushan Purim
Passover
Second Passover
Lag B'Omer
Sefirat HaOmer
Shavuot
The Three Weeks
Fast of the 17th of Tammuz
Fast of Tish'a B'Av
The 1Sth of Av
Rosh Hashanah
The Month of Elul
Fast of Gedaliah
Yom Kippur
Sukkot
Hoshanah Rabbah
SheminiAtzeret & Simchat Torah
Chanukah
Fast ofTevet 10
Attachment rrB"
JEWISH HOLIDAYS 2015
January 1
February 4
March 4-5 (work should be avoided)
March 4
March 6
April 3-11 (work permitted onlv on April 6-9)
May 3
May 7
April4 - May 23
May 23-25 (no work permitted)
July 4-25
July 5
July 25-26
July 31
September 13-15 (no work permitted)
August 16 - September 13
September 16
September 22-23 (no work permitted)
September 27 - October 4 (work permitted on Sept. 30-Oct. 2)
October 4
October 4-6 (no work permitted)
December 6-14
December 22
701
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, SETTING THE DATES FOR THE YEAR 2015 CITY
COMMISSION MEETINGS.
WHEREAS, pursuant to Section 2.04 of the Miami Beach City Charter, the City Commission
shall meet at such times as may be prescribed by ordinance or resolution; and
WHEREAS, in order to make the City Commission meetings more efficient and prevent
residents from spending hours waiting for time certain items to be heard, Mayor Philip Levine
proposed in 2013 that all presentations and awards be heard at a separate City Commission
meeting dedicated solely for that purpose; and
WHEREAS, by placing the Presentations and Awards portion of City Commission meetings
on the alternate meeting date, it is anticipated that the regular City Commission meetings willstart
on time, which will increase the likelihood that time certain agenda items are heard at their
scheduled times, or closely thereafter; and
WHEREAS, if needed, the separate City Commission meeting date for Presentations and
Awards may also be utilized for items that are deemed emergencies and/or continued or not
reached during the regular City Commission meeting; and
NOW, THEREFORE, BE !T DULY RESOLVED BYTHE MAYORAND Ctry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the proposed 2015 City Commission Meeting dates and Presentation and Awards Commission
Meeting dates set forth in Exhibit "A" hereto.
PASSED and ADOPTED this _ day of 2014.
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
T:\AGENDA\2014\Novembed2015 city commission Dates\2O1s-commission.dates-RESo.doc
APPROVED AS TO
FONU & LANGUAGE
E FOR EXECUTION
\r t
Date
702
EXHIBlT "A"
PROPOSED 2015 COMMISSION MEETING DATES
Commission Meetinos
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July I (Wednesday)
August - City Commission rn recess
September9 (Wednesday)
October 14 (Wednesday)
November 9* (Monday)
December 9 (Wednesday)
* Meeting(s) for election related items only.
A lte rn ate ( P resentati o nl M eeti n qs
January27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September f BA) ld Rdg of Budget
October 28 (Wednesday)
November 23* (Monday)
December 16 (Thursday)
703
THIS PAGE INTENTIONALLY LEFT BLANK
704
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And The City Commission Of The City Of Miami Beach, Florida, Establishing Healthy Food
And ns ln Vendinq Machines ln All Citv Owned Facilities.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
ltem Summary/Recommendation :
On September 17,2014, at the request of Commissioner Steinberg, the City Commission adopted Resolution No.
2014-28744 to support healthy food and beverage options in vending machines in all City-owned facilities and directed
the City Administration to develop a healthy options vending machine policy and, in the interim, encourage all current
vendors providing vending machine services to City-owned facilities to supply healthier food and beverage options.
Since the aforementioned Resolution was adopted, City staff has been working with Commissioner Steinberg to
develop a healthy vending policy. The draft policy is attached for your review and consideration.
Coca-Cola already meets these standards in the beverage vending machines and, if the policy is adopted, the City's
snack vendor, Bettoli Trading Corp., has agreed to voluntarily implement these standards in the snack and ice cream
machines for the duration of the existing agreement. Said agreement expires April 30, 2017, and contains five (5)
renewal options for one (1) year each, at the City's sole discretion. Any such renewal shall be contingent upon
mandatory compliance with the healthy food policy.
The Administration recommends the Mayor and City Commission adopted the attached Resolution and Healthy
Vending Policy.
Financial lnformation :
Source of Funds:
OBPI
Amount Account
1
Tota!
Financial Impact Summary: N/A
Max Sklar, Tourism, Culture, and Economic Director
a
-
AGENDA ITEM R-?r
u-n-tLlMIAMIBEACHDATE705
,l915.2015
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
TO:
FROM:
DATE:
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ESTABLISHING A HEALTHY FOOD
AND BEVERAGE POLICY FOR VENDING MACHINES IN ALL CITY-OWNED
FACILITIES.
BACKGROUND
On September 17, 2014, at the request of Commissioner Steinberg, the City
Commission adopted Resolution No. 2014-28744 to support healthy food and beverage
options in vending machines in all City-owned facilities and directed the City
Administration to develop a healthy options vending machine policy and, in the interim,
encourage all current vendors providing vending machine services to City-owned
facilities to supply healthier food and beverage options.
Since the aforementioned Resolution was adopted, City staff has been working with
Commissioner Steinberg to develop a healthy vending policy. The following summarizes
the draft policy:
. At minimum, each vending machine must provide fifty percent (50%) product mix in
accordance with the following healthy specifications:
Beverage criteria - (This criteria applies to each individual product)
1. Water, no limit on size
2. Fruit-based drinks that are composed of no less than 50% fruit juice and that
have no added sweeteners
3. 100o/o fruit or vegetable juice (12 oz. maximum)
4. Electrolyte replacement beverages with less than or equal to 130 calories and
that do not contain more than 42 grams of added sweetener per 2O-ounce
serving.
5. Nonfat or 1o/o milk (including soy milk, rice milk, and other similar dairy or
nondairy milk. No flavored milks)
6. Unsweetened coffee or tea
7. All other non-caloric beverages, including diet sodas
706
City Commission Meeting
November 19,2014
Healthy Vending Policy
Page 2 of 2
B. SnacUFoods criteria & Portion Guidelines - (products in this category must
meet all of the below criteria)
1. ltem shall contain no more than 250 calories
2. ltem shall contain no more than 35% of calories from fat with the exception of
nuts and seeds
3. Snack mixes and other foods in which nuts are a part must meet the 35%
standard
4. ltem shall contain no more than 1 0o/o of calories from saturated fat, no trans
fats added during processing (hydrogenated oils and partially hydrogenated
oils)
5. ltem shall contain no more than 35% totalweight from sugar and caloric
sweeteners with the exception of fruits and vegetables that have not been
processed with added sweeteners or fats
6. ltem shall contain no more than 360 mg of sodium per serving.
7. Snacks (including but not limited to chips, popcorn, trail mix, nuts/seeds and
dried fruit) no more than 1.5 oz.
8. Cookies no more than 2 oz.
9. Bakery items (e.9., pastries, muffins) no more than 3 oz.
10. Frozen desserts and ice cream no more than 3 fluid oz.
Coca-Cola already meets these standards in the beverage vending machines and, if the
policy is adopted, the City's snack vendor, Bettoli Trading Corp., has agreed to
voluntarily implement these standards in the snack and ice cream machines for the
duration of the existing agreement. Said agreement expires April 30, 2017, and contains
five (5) renewal options for one (1) year each, at the City's sole discretion. Any such
renewal shall be contingent upon mandatory compliance with the healthy food policy.
CONCLUS!ON
The Administration recommends the City Commission adopt the attached Resolution.
JLM/KGB/MAS
T:\AGENDA\201 4\November\TCED\Helathy Vending Policy Memo.docx
707
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, ESTABLISHING A HEALTHY FOOD
AND BEVERAGE POLICY FOR VENDING MACHINES IN ALL CITY.OWNED
FACILITIES.
WHEREAS, the City of Miami Beach is dedicated to creating an environment that
educates and empowers our community to make healthy life choices; and
WHEREAS, in the interest of public health and welfare, the Mayor and City Commission
of the City of Miami Beach wish to improve the nutritional value of food and beverages available
in City-owned facilities in order to promote the public interest in reducing obesity, diabetes, heart
disease, and other diet-related health problems; and
WHEREAS, the Mayor and City Commission desire to provide access to healthy food
options for all City employees and visitors to City-owned facilities, which include such venues as
City Hall, City office buildings and parking garages, and City park and recreationalfacilities; and
WHEREAS, at least 70 states and local governments, including Alabama, California,
Washington State, Chicago, Los Angeles, New York City, San Francisco, the District of
Columbia, Palm Beach County, Miami-Dade County, and the School Board of Miami-Dade
County, have established nutrition policies or standards for foods and beverages available on
government properties, and some have also adopted strategies for the high-visibility placement
of healthier items in vending machines and pricing that encourages the sale of healthier items;
and
WHEREAS, The School Board of Miami-Dade County, Florida ("School Board") has
adopted a "Wellness Policy" which includes initiatives to support a healthier environment for
school students and staff in order to promote, among other things, wellness, health and nutrition
literacy, and preventive healthcare; and
WHEREAS, the Miami Beach Mayor and City Commission wish to formerly adopt a
policy for healthy food and beverage items to be included in all of its contracts with City vendors
who provide food and beverages for vending machines in City-owned facilities; and
WHEREAS, on September 17, '2014, the City Commission adopted Resolution No.
2014-28744 to support healthy food and beverage options in vending machines in all City-
owned facilities and directed the City Administration to develop a healthy options vending
machine policy and, in the interim, encourage all current vendors providing vending machine
services to City-owned facilities to supply healthier food and beverage options; and
WHEREAS, the attached healthy vending policy was prepared by the Administration;
and
WHEREAS, Coca-Cola and Bettoli Trading Corp, lnc. have agreed to voluntarily
implement these standards in the beverage, snack, and ice cream machines for the duration of
the existing agreement.
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 and establish a healthy food and beverage policy for vending
708
machines in all City-Owned facilities as set forth in the attached Exhibit A.
PASSED AND ADOPTED this _'' _day of.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
2014.
APPROVED P\"S TO
FORM & LANGUAGE
& FOR EXECUTION
T:\AGENDA\201 4\NovembeATCED\Healthy Vending Policy Reso.docx
Citv Attornev "-r{'
709
-.-..-.I-/-
City of Miami Beach, 1700 Convention Center Drive. 4th Floor, Miami Beach. FL 33139, www.miamibeachfl
HEALTHY FOOD AND BEVERAGE VENDING POLICY
PRODUCTS
Products to be stocked and available for purchase from the vending machines
shall include but not be limited to non-alcoholic beverages, salty and
confectionary ("sweets") snacks, and chewing gum items.
FRESH PRODUCTS
The Vending Machine Operator must provide fresh and high quality products. All
such products must be packaged in sealed containers. The City reserves the
right to approve all products offered for sale.
HEALTHY PRODUCTS
At a minimum, the contents of each vending machine must provide fifty percent
(50%) product mix within all machines in accordance with the following healthy
specifications:
A. Beverage criteria - (This criteria applies to each individual product)
1. Water, no limit on size
2. Fruit-based drinks that are composed of no less than 50% fruit juice and that
have no added sweeteners
3. 100% fruit or vegetable juice (12 oz. maximum)
4. Electrolyte replacement beverages with less than or equal to 130 calories and
that do not contain more than 42 grams of added sweetener per 2O-ounce
serving.
5. Nonfat or 1o/o milk (including soy milk, rice milk, and other similar dairy or
nondairy milk. No flavored milks)
6. Unsweetened coffee or tea
7. All other non-caloric beverages, including diet sodas
B. SnacUFoods criteria & Portion Guidelines - (products in this category
must meet all of the below criteria)
1. ltem shall contain no more than 250 calories
2. ltem shall contain no more than 35% of calories from fat with the exception of
nuts and seeds
3. Snack mixes and other foods in which nuts are a part must meet the 35%
standard
4. ltem shall contain no more than 10% of calories from saturated fat, no trans
fats added during processing (hydrogenated oils and partially hydrogenated
oils)
EXHIBIT A
710
5. ltem shall contain no more than 35% total weight from sugar and caloric
sweeteners with the exception of fruits and vegetables that have not been
processed with added sweeteners or fats
6. ltem shall contain no more than 360 mg of sodium per serving.
7. Snacks (including but not limited to chips, popcorn, trail mix, nuts/seeds and
dried fruit) no more than 1 .5 oz.
8. Cookies no more than 2 oz.
9. Bakery items (e.9., pastries, muffins) no more than 3 oz.
10. Frozen desserts and ice cream no more than 3 fluid oz.
A minimum of one item per machine shall meet the FDA definition of "low
sodium" (less than 140 mg per serving) and at minimum 2 grams of dietary fiber.
Items that meet nutrition standards shall not be priced higher than the items that
do not meet the standards.
EXHIBIT A
711
THIS PAGE INTENTIONALLY LEFT BLANK
712
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing A
Contribution ln The Amount Of Fifty-Five Thousand Dollars ($55,000), To The Miami Beach Bowl, ln Support Of The
lnauqural Miami Beach Bowl 2014.
Maximize Miami Beach as a Destination Brand
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
The Miami Beach Bowl is a newly created postseason college football game under the ownership of the American
Athletic Conference, which will take place at Marlins Park on December 22,2014. The Miami Beach Bowl has signed
a 6 year contract with Marlins Park along with an 8 year deal with ESPN to broadcast the game.
Bowl games of this size create in the neighborhood of 322,000,000 media impressions for city name incorporated bowl
names/logos. The Washington Economic Group conducted a study anticipating over $23,000,000 in economic impact
to the area. The bowl week schedule consists of four days of activities taking place on Miami Beach, with all team
travel parties, bands, cheerleaders and fans staying at Miami Beach hotel properties, including our headquarter
properties, Fontainebleau, Loews Miami Beach and Eden Roc. The Miami Beach Bowl's goal is to increase
awareness of Miami Beach as a travel destination while increasing economic impact during a relatively and historically
slower tourism week each year (pre-Christmas).
The Administration has been working with the Miami Beach Bowl to ensure a strong presence for them in the City and
at the game itself. The Administration believes the City should support the inaugural Miami Beach Bowl with a
contribution of $55,000. ln exchange for this contribution, the Miami Beach Bowl has agreed to recognize the City as
an Associate Sponsor, the details of the recognition is attached for your review.
Financial !nformation :
Source of Fugilr
""6td
Amount Account
1 $55,000 Resort Tax acct # 160-4300-000349
Total
Financial lmpact Summary: N/A
Max Sklar, Tourism, Culture, and Economic Director
AGENDAITEil n r-rR1 5E MIAMIBEACH DATE713
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO:
FROM:
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MA'CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING A CONTRIBUTION
IN THE AMOUNT OF FIFTY.FIVE THOUSAND DOLLARS ($55,OOO), TO THE
MIAMI BEACH BOWL, IN SUPPORT OF THE INAUGURAL MIAMI BEAGH
BOWL 2014.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
$55,000 is available in the FY 2014115 Resort Tax acct # 160-4300-000349
BACKGROUND
The American Athletic Conference, also known as the AAC, is an American collegiate
athletic conference with member institutions located in the northeastern, midwestern, and
southern part of the United States. The AAC participates in the National Collegiate Athletic
Association (NCAA) Division I in athletic competitions; forfootball, it is a part of the Football
Bowl Subdivision (FBS).
The AAC has member institutions that are spread throughout a wide portion of the United
States. The majority of its members are located in urban metropolitan areas, or at least on
the fringes thereof. The conference is one of two successors to the all-sports Big East
Conference (1979-2013). While the other successor, which does not sponsor football, kept
the Big East Conference name, the American Athletic Conference inherited the old Big
East's structure and is that conference's legal successor. The prior league undenruent
substantial turmoil during the 201 0-l 3 NCAA conference realignment period.
The AAC is currently one of the six automatic qualifying conferences of the Bowl
Championship Series (BCS), also known as a "Power Six Conference." The conference
inherited the old Big East's BCS berth for the 2013 season. However, the new conference
will lose its automatic berth as part of the upcoming College Football Playoff in 2014 and
become a part of the "Group of Five", which shares automatic access to one spot in the six
premier bowl games. The other four conferences in the group are Conference USA (C-
USA), the Mid-American Conference (MAC), the Mountain West Conference, and the Sun
Belt Conference.
The Miami Beach Bowl is a newly created postseason college football game under the
ownership of the American Athletic Conference, whlch will take place at Marlins Park on
December 22,2014. The Miami Beach Bowl has signed a 6 yearcontractwith Marlins Park
along with an 8 year dealwith ESPN to broadcast the game.
714
City Commission Meeting
Miami Beach Bowl
November 19,2014
Page2 of 2
Bowl games of this size create in the neighborhood of 322,000,000 media impressions for
city name incorporated bowl names/logos. The Washington Economic Group conducted a
study anticipating over $23,000,000 in economic impact to the area. The bowl week
schedule consists of four days of activities taking place on Miami Beach, with all team travel
parties, bands, cheerleaders and fans staying at Miami Beach hotel properties, including our
headquarter properties, Fontainebleau, Loews Miami Beach and Eden Roc. The Miami
Beach Bowl's goal is to increase awareness of Miami Beach as a travel destination while
increasing economic impact during a relatively and historically slower tourism week each
year (pre-Christmas).
The Administration has been working with the Miami Beach Bowl to ensure a strong
presence for them in the City and at the game itself. The Administration believes the City
should support the inaugural Miami Beach Bowlwith a contribution of $55,000. ln exchange
for this contribution, the Miami Beach Bowl has agreed to recognize the City as an Associate
Sponsor, the details of the recognition is attached for your review.
CONCLUSION
ffi?ffisfition
recommends the adoption of the attached Resotution.
T:\AGENDA\201 4\November\TCEDWiami Beach Bowl Memo.doc
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MIAMIBEACH
H)Vl8 ry\/vry\
724
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING A
CONTRIBUTION IN THE AMOUNT OF FIFTY.FIVE THOUSAND
DOLLARS ($55,OOO}, TO THE MIAMI BEACH BOWL, IN SUPPORT OF
THE INAUGURAL MIAMI BEACH BOWL 2014.
WHEREAS, the American Athletic Conference, also known as the AAC, is an
American collegiate athletic conference with member institutions located in the
northeastern, midwestern, and southern part of the United States; and
WHEREAS, the AAC participates in the National Collegiate Athletic Association
(NCAA) Division I in athletic competitions; for football, it is a part of the Football Bowl
Subdivision (FBS); and
WHEREAS, the AAC is currently one of the six automatic qualifying conferences of
the Bowl Championship Series (BCS), also known as a "Power Six Conference"; and
WHEREAS, the Miami Beach Bowl is a newly created postseason college football
game under the ownership of the American Athletic Conference, which will take place at
Marlins Park on December 22,2014; and
WHEREAS, the Miami Beach Bowl has signed a 6 year contract with Marlins Park
along with an 8 year deal with ESPN to broadcast the game; and
WHEREAS, the Miami Beach Bowl is expected to generale 322,000,000 media
impressions for bowl names/logos with incorporated city names; and
WHEREAS, the Washington Economic Group conducted a study anticipating over
$23,000,000 in economic impact to the City; and
WHEREAS, the bowlweek schedule consists of four days of activities taking place
at Miami Beach, with all team travel members, bands, cheerleaders and fans staying at
Miami Beach hotel properties, including our headquarter properties, such as
Fontainebleau, Loews Miami Beach and Eden Roc; and
WHEREAS, the Administration recommends that the City support the inaugural
Miami Beach Bowl with a contribution of $55,000, in exchange for the City's recognition as
an associate sponsor of the Miami Beach Bowl 2014.
725
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby approve and authorize a
contribution in the amount of fifty-five thousand dollars ($55,000), to the Miami Beach
Bowl, in support of the inaugural Miami Beach Bowl 2014.
PASSED and ADOPTED this 19th day of November,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
JLM/KGB/MAS
T:\AGEN DAV0 1 4\November\TCED\Miami Beach Bowl Reso.doc
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
il&llr
Dote
726
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and Commission of the City of Miami Beach, Florida, Approvlng and
Authorizing the Mayor and City Clerk to Execute an agreement with the National lmmigration Forum to
work with the City of Miami Beach to assist eligible employees to obtain their citizenship through a series
of outreach events, workshops, and civics instruction.
Item Summary/Recommendation :
The New American Workforce, formerly known as The Bethlehem Project and a project of the National
lmmigration Forum, is seeking to work with organizations to assist their eligible immigrant employees with
the citizenship process. Nationally, there are 8.8 million immigrants eligible for citizenship, including
approximately half a million in Miami-Dade County. The project's original name came from Bethlehem
Steele's experience when in 1915 it was one of the first employers in the United States to provide free
English language instruction to its workforce.
This project facilitates citizenship assistance by providing information workshops, application workshops
and civics instruction which includes a providing a basic knowledge of U.S. history and proficiency in
English. Group and one-on-one tutorials are an option. The language requirement notwithstanding, a
greencard holder who is 50 years or older and has been living in the United States for at least 20 year, or
is 55 years or older and has been living in the United States for at least 15 years can take the citizenship
test in his or her native language.
The Administration recommends adoption of this resolution to begin the process, identify eligible and
interested employees and determine what other assistance, if any, the City can provide. The matter is
still under review as any benefit offered employees covered by a collective bargaining unit must be
negotiated.
Financial !nformation :Source of
Funds:
Amount Account
1
2
Total
Financial lmpact Summary:
Sylvia Crespo-Tabak, Human Resources Director
n-Offs:
Department Director ACM/Cr.D City M{neger
SC-T Jt,'f KGB lf JLW I
,l
AGENDA '',' R7 KMIAMIBEACHa,fr:" ll'M-lq727
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33.l39. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members 0f the City
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH THE NATIONAL
IMMIGRATION FORUM TO WORK WITH THE GITY OF MIAMI BEAGH TO
ASSIST ELIGIBLE EMPLOYEES TO OBTAIN THEIR CITIZENSHIP THROUGH A
SERIES OF OUTREACH EVENTS, WORKSHOPS, AND CIVIC INSTRUCTION.
RECOMMENDATION
The Administration recommends adoption of the resolution.
BACKGROUND
The New American Workforce, formerly known as The Bethlehem Project and a project of the
National lmmigration Forum, is seeking to work with organizations to assist their eligible
immigrant employees with the citizenship process. Nationally, there are 8.8 million immigrants
eligible for citizenship, including approximately half a million in Miami-Dade County. The
project's original name came from Bethlehem Steele's experience when in 1915 it was one of
the first employers in the United States to provide free English language instruction to its
workforce.
This project facilitates citizenship assistance by providing information workshops, application
workshops and civics instruction which includes a providing a basic knowledge of U.S. history
and proficiency in English. Group and one-on-one tutorials are an option. The language
requirement notwithstanding, a greencard holder who is 50 years or older and has been living in
the United States for at least 20 year, or is 55 years or older and has been living in the United
States for at least 15 years can take the citizenship test in his or her native language.
A greencard holder may become a naturalized citizen if he or she can meet all of the following
requirements:
o The applicant must be at least 18 years of age, and must have resided continuously in
the United States as a legal, permanent resident for at least five years. An applicant
married to a U. S. citizen, need wait only 3 years.
. Greencard holders must be of good moral character usually determined by checking with
the Federal Bureau of lnvestigations (FBl) for any record of a criminal background.
728
City Commission Memorandum
November 19,2014
National lmmigration Forum
Page 2 of 2
. The applicant must demonstrate an ability to speak, read, write ordinary English and
have a general understanding of U. S. government and history. The language
requirement notwithstanding, a greencard holder who is 50 years or older and has been
living in the United States for at least 20 year, or is 55 years or older and has been living
in the United States for at least 15 years can take the citizenship test in his or her native
language.
. The greencard holder must appear for an interview with an examiner and is tested on
English ability and civics knowledge.
According to the information provided by the New American Workforce, statistics show a direct
correlation between immigrant integration and happier, more effective workers directly affecting
business profitability or services. Additional benefits to the City of Miami Beach associated with
this project include: celebrating the diversity among our workforce; building employee
recruitment, loyalty, retention and productivity; generating goodwill among a growing foreign-
born consumer; and creating an opportunity for the City to be at the forefront of this effort.
CONCLUS!ON
The Administration recommends adoption of this resolution to begin the process, identify eligible
and interested employees and determine what other assistance, if any, the City can provide.
The matter is still under review as any benefit offered employees covered by a collective
bargaining unit must be negotiated.
Attachment
ttlir#;ar.sc-r
729
THE BETHLEHEM
A PROJ{-CT OF THE NATIONAL
PROJECT:
I N4 1,,1 | G RATt 0 t',i [0 RU N4
Date
Letter of Agreement: Nationar tmmigration Forum & company/organization Name
The National lmmigration Forum ancl Company/organization are extremely excited to worktogether to raunch the Bethrehem project in Miami, Frorida.
The Bethlehem Project draws inspiration from Bethlehem steel, which in 1g15 was one of the firstU S employers to provide free English language instruction to its immigrant workforce and welook forward to leaders like company/organization Name continuing the American tradition ofaiding their employees.
specifically' the National tmmigration Forum will work together with company/organizationName to engage their employees in obtaining citizenship if they are eligible. This will occurthrough a series of outreach events, workshops, and civics instruction.
This work will be a win-win for company/organization Name and its employees. Employees vrillbe ablc to obtain information about the citizenship process, receive assistance completing theapplication form and accessing civics instruction to successfully pass the citizenship test.
we look forward to this partnership, which will provide opportunities for immigrant employeesto be full participants in the workplace, community, and economy.
(Siq rtotu re)
Nanrc
Title
Com pa ny/Organ ization
Ad d ress
City, Statc Zip
(Sig noture )
Ali Noorani
Executive Director
National lmmigration Forum
50 F St. NW, Surte 300
Washington, DC 20001
APPROVED AS TO
FORM & ISNGUAGE
& FOR EXECUTION
Mlo-tu"tk
City Attomey Dab730
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 AN AGREEMENT WITH
THE NATIONAL IMMIGRATION FORUM TO WORK WITH THE CITY OF
MIAMI BEACH TO ASSIST ELIGIBLE EMPLOYEES TO OBTAIN U.S.
CITIZENSHIP THROUGH A SERIES OF OUTREACH EVENTS,
WORKSHOPS, AND CIVIC INSTRUCTION.
WHEREAS, 8.8 million immigrants in the United States are eligible for citizenship,
including approximately half a million eligible employees in Miami-Dade County; and
WHEREAS, this project facilitates citizenship assistance by providing informational
workshops, citizenship application workshops, and civics instruction, which includes providing a
basic background in U.S. history and English proficiency instruction; and
WHEREAS, benefits to the City of Miami Beach associated with this project include:
celebrating the diversity of our workforce; building employee recruitment, loyalty, retention, and
productivity; generating goodwill among a growing number of foreign-born consumers; and
creating an opportunity for the City to be at the forefront of this citizenship effort; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and the City Clerk to execute an
agreement with the National lmmigration Forum to work with the City of Miami Beach to assist
eligible employees to obtain U.S. citizenship through a series of outreach events, workshops,
and civic instruction.
PASSED AND ADOPTED this day of 2014.
ATTEST:
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
Rafael E. Granado, City Clerk
731
THIS PAGE INTENTIONALLY LEFT BLANK
732
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, repealing City of
Miami Beach Resolution No. 11822 which established a full time Police Athletic League Coordinator,
and Resolution No. 83-17575 which created an Executive Director to replace the Police Athletic
Leaque Coordinator, and settinq forth an effective date.
lntended Outcome Su
lnsist on Police Department Accountability and Skilled ManagemenUleadership
Supporting Data (Surveys, Environmental Scan, etc.):
Several safety issues received high marks in the 2014 Community Survey. Police Department
results were stable as compared to 2012. Residents felt safe during the daytime and at night,
even in commercial areas.
Item Summary/Recommendation :
The City of Miami Beach and the Police Department is committed to resolving all outstanding issues
with the Police Athletic League (PAL) and to move forward with an aggressive new effort to produce
more and better programming to benefit PAL youth in Miami Beach. Chief Oates will also work
towards increasing the participation of MBPD police officers in PAL sponsored activities. ln order to
proceed with resolving the pending issues between the City of Miami Beach and the Police Athletic
League, the development of a new agreement is necessary. Prior to drafting the new agreement,
Miami Beach Resolution No. 11182 which established a full time Police Athletic League Coordinator
and Resolution No.83-175?5 which created an Executive Director to replace the Police Athletic
League Coordinator need to be repealed.
The City of Miami Beach and the PAL Board should enter into a new agreement which addresses
issues raised in the PAL Operational Audit of September 19,2014. The agreement would be subject
to final approval by the City Commission. The agreement would provide assurance to the PAL Board
regarding the future care and maintenance of the building at 999 11'n Street that the City leases to the
PAL. lt would commit the City to staffing the one full-time police officer to support the PAL in its youth
programming and would resolve any outstanding issues regarding revenues, utility costs, tax status,
management and accounting, tenant issues, fitness center operations, etc.
As part of the agreement, the City seeks to have the PAL Board hire a new Executive Director to
replace the full-time police officer assigned to this function, and that it do so no later than February 1,
2015. This position needs to be filled by a person with significant experience in non-profit
ement, as well as in charity fundrai
Approve the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial Impact Summary:
Clerk's Office Trackin
MIAAAIBEACH AGENDA Rrl
733
MIAMIBEACH
City of Miqmi Beqch, I200 Convenlion Center Drive Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and the City
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYO CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF M!AM!
BEACH RESOLUTION NO. 11822 WHICH ESTABLISHED A FULL
TIME POLICE ATHLETIC LEAGUE COORDINATOR, AND
RESOLUTION NO. 83-17515 WHICH CREATED AN EXECUTIVE
DIRECTOR TO REPLACE THE POLICE ATHLETIC LEAGUE
COORDINATOR, AND SETTING FORTH AN EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution
ANALYSIS
The City of Miami Beach and the Miami Beach Police Department are committed to resolving
all outstanding issues with the Police Athletic League (PAL) and to move fonruard with an
aggressive new effort to produce more and better programming to benefit PAL youth in
Miami Beach. Chief Oates will also work towards increasing the participation of MBPD
police officers in PAL sponsored activities. ln order to proceed with developing a new
agreement to resolve the pending issues between the City of Miami Beach and the Police
Athletic League, Miami Beach Resolution No. 11182 which established a full time Police
Athletic League Coordinator and Resolution No. 83-17575 which created an Executive
Director to replace the Police Athletic League Coordinator need to be repealed.
The City of Miami Beach and the PAL Board should enter into a new agreement which
addresses issues raised in the PAL Operational Audit of September 19,2014. The
agreement would be subject to final approval by the City Commission. The agreement would
provide assurance to the PAL Board regarding the future care and maintenance of the
building at 999 1 1th Street that the City leases to the PAL. lt would commit the City to staffing
the one full-time police officer to support the PAL in its youth programming and would
resolve any outstanding issues regarding revenues, utility costs, tax status, management
and accounting, tenant issues, fitness center operations, etc.
As part of the agreement, the City seeks to have the PAL Board hire a new Executive
Director to replace the full{ime police officer assigned to this function, and that it do so no
later than February 1, 2015. This position needs to be filled by a person with significant
experience in non-profit organizational management, as well as in charity fundraising.
734
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution to repeal
Miami Beach Resolution No. 11182 and Resolution No. 83-17575 and authorize the
development of a new operating agreement between the City of Miami Beach and the Police
Athletic League.
@
JLM:DJO'LH:WRG:tr
735
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING CITY OF M!AM!
BEACH RESOLUTION NO. 11822 WHICH ESTABLISHED A FULLTIME POLICE ATHLETIC LEAGUE COORDINATOR, AND
RESOLUTION NO. 83.17575 WHICH CREATED AN EXECUTIVE
DIRECTOR TO REPLACE THE POLICE ATHLETIG LEAGUE
COORDINATOR, AND SETTING FORTH AN EFFECTIVE DATE.
WHEREAS, in 1966 the Mayor and Commission approved Resolution No. 11822 which
established a full time Police Athletic League Coordinator to promote the public safety, health,
education and welfare for those children of the City; and
WHEREAS, in 1983 the Mayor and City iommission approved Resolution No. 83-17575
which eliminated the Police Athletic League Coordinator, and authorized the appointment of a
fulltime Police Officer to be the Executive Director for the Police Athletic League in order to
supervise and coordinate the activities of those children involved with the Police Athletic League
Program; and
WHEREAS, the Chief of Police and the City Manager have determined that the
appointment of a full time Police Officer as the Police Athletic League Coordinator or as the
Executive Director for the Police Athletic League is not feasible, practicable or prudent; and
WHEREAS, the Police Athletic League is a corporate entity recognized under the Laws
of the State of Florida, and is authorized to appoint an Executive Director that is not a Police
Officer pursuant to its revised by-laws; and
WHEREAS, the repealing of Resolution No. 11822 and Resolution No. 83-17575 will be
effective immediately upon passage by the Mayor and City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby repeal City of Miami
Beach Resolution No. 11822 which established a full time Police Athletic League Coordinator,
and Resolution No. 83-17575 which created an Executive Director to replace the Police Athletic
League Coordinator.
PASSED and ADOPTED this day of
ATTEST:
2014
MAYOR PHILIP LEVINE
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RAFAEL E. GRANADO, CITY CLERK
--wJ,4, Date I
736
R7 - Resolutions
R7M A Resolution Approving And Accepting The Art ln Public Places (A|PP) Committee
Recommendation To Create An Ad Hoc Art ln Public Places Professional Advisory
Committee For The Miami Beach Convention Center Project ("Advisory Committee")
And Establishing Said Advisory Committee To Advise The A|PP Committee And The
City Commission Regarding The Miami Beach Convention Center Project, And
Prescribing The Duties, Manner Of Appointment, And The Terms Of Office For The
Members Of The Advisory Committee.
(Tourism, Culture & Economic Development)
(Memorandum to be Submitted in Supplemental)
Agendattem R?MDate ll- l{-11737
THIS PAGE INTENTIONALLY LEFT BLANK
738
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 Firms, Pursuant To lnvitation
To Negotiate (lTN) 2014-326-JR For Public Waterborne Transportation Services Concession ln The
City Of Miami Beach (Water Taxi); And Authorizing The Administration To Negotiate A Contract With
The Sole Proposer, Water Taxi Miami / Sightseeing Tour Management, lnc. (DBA lsland Queen
Cruises); And Further Recommending That The Administration Presents The Final Results To The
Citv Commission Before A Contract.
COMMISSION ITEM SUMMARY
!ntended Outcome
Item Su mmary/Recommendation :
On July 23, 2014, the Mayor and City Commission approved the issuance of lnvitation to Negotiate
(lTN) No. 2014-326-JR for a Public Waterborne Transportation Services Concession in the City of
Miami Beach (Water Taxi). On August 11, 2014, the City Manager issued Letter to Commission (LTC)
No.277-2014 which presented the minimum qualifications, scope of services and evaluation criteria
thatwas included in the solicitation. The ITN was issued on August 15,2014, with an opening date of
September 18, 2014. The ITN resulted in one proposal from Water Taxi Miami & Sightseeing Tour
Management, lnc (DBA lsland Queen Cruises).
The City Manager issued Letter to Commission (LTC) # 333-2014 on September 30, 2014, appointing
an Evaluation Committee ('Committee') consisting of both City employees and non-City employees.
Due to scheduling conflicts, the composition of the Committee was later modified on October 13,2014
via LTC #347-2014. The Committee convened on October 24, 2014 to consider the sole proposal
received and interview the proposer. After the proposer's presentation and interview, the Committee
discussed the proposer's qualifications, experience, and competence, and scored the proposer
accordingly. The Committee was instructed to score the proposal pursuant to the evaluation criteria
established in the lTN. All committee members positively scored the sole proposal from Water Taxi
Miami & Sightseeing Tour Management.
After reviewing the sole proposal submitted and the committee's scoring of the proposal 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 Water Taxi Miami and Sight
Seeing Tour Management, lnc. (DBA lsland Queen Cruises), and upon concluding negotiations, that
the Administration presents the final results to the Mayor and City Commission before executing a
contract. lt is important to note that although South Pointe Park has been identified as a potential dock
location by the sole proposer, the Administration will exclude this location from negotiations with the
proposer due to concerns/constraints previously expressed by South Pointe residents during the
Neighborhood/Community Affairs Committee meeting held on April 30, 20'14 and the City Commission
Meeting held on July 23,2014.
THE ADMINISTRATION RECOMMENDS APPROVING THIS RESOLUTION.
Ensure comprehensive mobility addressing all modes throughout the City.
Supporting Data (Surveys, Environmental Scan, etc According to the Florida Department of
Transportation (FDOT), the Level Of Service (LOS) on the McArthur Causeway and Julia Tuttle
Causeway during peak hours is LOS F (Failing) and D, respectively. The existing public transportation
system connecting Miami Beach to the mainland is limited to using these congested highways. As
recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report,28% of the
City of Miami Beach residents would be willing to use alternative forms of transportation to access the
mainland.
Financial !nformation: N/A
Clerk's Office Leoislative Tracki
Alex Denis, Ext # 6641
AGE}IE}A ITEII,I
E}ATE
a?N
il-tq-tqAAIAAAIBHACH739
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
ITo: Mayor Philip Levine and Members of fhe City Corfrmission
' t t'
DATE: November 19,2014 I
I
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AGGEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
INVITATION TO NEGOTTATE (tTN) 2014-326-JR FOR PUBLTC WATERBORNE
TRANSPORTATION SERVICES CONCESSION IN THE CITY OF MIAMI BEACH
(WATER TAxl); AND AUTHORIZING THE ADMINISTRATION TO NEGOTIATE A
CONTRACT WITH THE SOLE PROPOSER, WATER TAXI MIAMI / SIGHTSEEING
TOUR MANAGEMENT, INC. (DBA ISLAND QUEEN CRUISES); AND FURTHER
RECOMMENDING THAT THE ADMINISTRATION PRESENTS THE F!NAL
RESULTS TO THE GITY COMMISSION BEFORE EXECUTING A CONTRACT.
ADMI NISTRATION RECOMMEN DATION
Adopt the resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure comprehensive mobility addressing all modes throughout the City.
FUNDING
N/A
BACKGROUND
On July 23, 2014, the Mayor and City Commission approved the issuance of lnvitation to
Negotiate (lTN) No. 2014-326-JR for a Public Waterborne Transportation Services Concession
in the City of Miami Beach (Water Taxi).
On August 11, 2014, the City Manager issued Letter to Commission (LTC) No. 277-2014 which
presented the minimum qualifications, scope of services and evaluation criteria that was
included in the solicitation, recommended the City Commission approve the mentioned
elements of the ITN and committed to provide a final draft of the ITN via LTC to the Commission
prior to issuance. Accordingly, the City Commission passed a motion authorizing the
referenced elements and directing the Administration to develop the final draft of the lTN.
The ITN was issued on August 15, 2014, with an opening date of September 18, 2014. The
solicitation was advertised and notices were released to prospective proposers. The ITN
resulted in one proposal from Water Taxi Miami & Sightseeing Tour Management, lnc. (DBA
lsland Queen Cruises).
On September 30, 2014, LTC # 333-2014 was issued, appointing an Evaluation Committee
("Committee") consisting of the following individuals:
740
City Commission Memorandum - Public Waterborne Transportation Servlces Concession in the City of Miami Beach
(Water Taxi).
November 19, 2014
Page 2 of 3
o Max Sklar, Director of Tourism, Department of Tourism, Culture and Economic
Development, City of Miami Beacho Captain Dan Kipnis, Chair of Miami Beach Marine Authority Board. Julian Guevara, E.!., Transportation Operations Supervisor, Transportation
Department, City of Miami Beach
Also considering the following individuals as alternates:
. Jose R. Gonzalez, P.E., Director, Transportation Department, City of Miami Beach.. Rogelio Madan, AICP, Principal Planner, Planning Department, City of Miami Beach
Subsequently, on October 13,2014, due to scheduling conflicts, the composition of the
Committee was modified via LTC # 347-2014 as follows:
. Rogelio Madan, AICP, Principal Planner, Planning Department, City of Miami Beacho Julian Guevara, E.1., Transportation Operations Supervisor, Transportation
Department, City of Miami Beacho Christopher Todd, Marine Authority Board Member
ANALYS!S
The Committee convened on October 24, 2014 to consider the sole proposal received and
interview the proposer, Water Taxi Miami/Sightseeing Tour Management, lnc. (DBA lsland
Queen Cruises). 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 the responsive proposer.
The proposer presented a proposed scope of services, approach and methodology. The
following are some of the elements proposed by the sole proposer:
' TYPe ofVessel
o Two decks (with seating available on bottom deck)
o Enclosed Air Conditioned lnterior (bottom deck)
o ADA Compliant
. Type of Dock
o Floating
o Drop-off/Pick-up Locations (in Miami Beach)
o Purdy Avenue Marina
o Lincoln Road (street-end)
o 10 Street (street-end)
o South Pointe Park
o Fare
o Single Trip... ... . ..$1 5.00
o Round Trip.................$25.00
o All-Day Pass...............$30.00
o Monthly Pass..............$75.00
o Yearly Pass ...............$795.00
Discounts for seniors and children available
o Frequency
o 20-30 Minutes
. lnitial Proposed Revenue to the City
o $10,000 each year for 10 year contract term
741
City Commission Memorandum - Public Waterborne Transportaflon Seryices Concessrbn in the City of Miami Beach
(Water Taxi).
November 19,2014
Page 3 of 3
After the proposer's presentation and interview, the Committee discussed the proposer's
qualifications, experience, and competence, and scored the proposer accordingly. The
Committee was instructed to score the proposal pursuant to the evaluation criteria established
in the lTN. The scores were as follows:
Julian
Guevara
Christopher
Todd
Rogelio
Madan
Water Taxi Miami/Sight Seeing Tour
Management, Inc. (DBA lsland Queen Cruises)80 95 98
ln determining responsiveness and responsibility of the firms, the Procurement Department
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 the proposer.
lsland Queen Cruises is a third generation Miami-based waterborne company in operation for
over65 years. Since 2011, and in partnership with WaterTaxi Miami, the group has been the
leading consistent operator of Hop-On/Hop-Off water taxi services in the cities of Miami and
Miami Beach. lts current central station is located within Bayside Marketplace with scheduled
departures to Miami Beach Marina, Miami River (Hyatt-Convention Center, Latitude on the
River, Garcia's, Casablanca, Sea-Salt & Pepper, and Epic Hotel), Virginia Key, Fisher lsland (on
request) and Omni Mall/Sea lsle Marina.
CITY MANAGER'S DUE DILIGENCE
After reviewing the sole proposal submitted and the Committee's scoring of the proposal
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 Water Taxi
Miami and Sightseeing Tour Management, lnc. (DBA lsland Queen Cruises), and, upon
concluding negotiations, that the Administration presents the final results to the Mayor and
City Commission before executing a contract.
Although South Pointe Park has been identified as a potential dock location by the sole
proposer, the Administration will exclude this location from negotiations with the proposer due to
concerns/constraints previously expressed by South Pointe residents during the
Neighborhood/Community Affairs Committee meeting held on April 30, 2014 and the City
Commission Meeting held on July 23, 2014.
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
firms, pursuant to lnvitation to Negotiate (lTN) 2014-326-JR for Public Waterborne
Transportation Services concession in the City of Miami Beach (water taxi); and authorizing the
Administration to negotiate a contract with the sole proposer, Water Taxi Miami / Sightseeing
Tour Management, lnc. (DBA lsland Queen Cruises); and further recommending that the
Administration presents the final results to the City Commission before executing a contract.
^o;k,#^,
T:\AGENDA\2014\NovembeAProcurement\lTN 2014-326-JR Public Waterborne Transportation Services Concession (Water Taxi) Memo.doc
742
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
TNVTTATION TO NEGOTIATE (tTN) 2014-326-JR FOR pUBLtC
WATERBORNE TRANSPORTATION SERVICES CONCESSION !N THE CITY
OF MIAM! BEACH (WATER TAXI SERVICES); AND AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH THE SOLE
PROPOSER, WATER TAXI MIAMI INC AND SIGHTSEEING TOURS
MANAGEMENT, INC. D/B/A ISLAND QUEEN CRUISES; AND FURTHER
REQUIRE THAT THE ADMINISTRATION PRESENT THE FINAL
NEGOTIATED TERMS TO THE GITY COMMISSION BEFORE EXECUTING AN
AGREEMENT.
WHEREAS, on July 23,2014, the Mayor and City Commission approved the issuance
of lnvitation to Negotiate (lTN) No. 2014-326-JR for a Public Waterborne Transportation
Services Concession in the City of Miami Beach (Water Taxi Services); and
WHEREAS, the purpose of this ITN is to provide an alternative and complimentary
mode of transportation between Downtown Miami and destinations in the City; and
WHEREAS, On August 11, 2014, the City Manager issued Letter to Commission (LTC)
No. 277-2014 which presented the minimum qualifications, scope of services and evaluation
criteria that was included in the solicitation; recommended the City Commission approve said
elements of the ITN; and committed to provide a final draft of the ITN via LTC to the
Commission prior to issuance. Accordingly, the City Commission passed a motion authorizing
the referenced elements and directing the Administration to develop the final draft of the ITN;
and
WHEREAS, the ITN was issued on August 15,2014, and resulted in one proposal from
Water Taxi Miami lnc. and Sightseeing Tours Management, lnc. d/b/a lsland Queen Cruises;
and
WHEREAS, an Evaluation Committee ("Committee") was appointed and later modified
by the City Manager via Letters to Commission (LTC) # 333-2014 and 347-2014, issued on
September 30,2014 and on October 13,2014, respectively, with the final members consisting
of the following individuals:
. Rogelio Madan, AICP, Principal Planner, Planning Department, City of Miami Beach;. Julian Guevara, E.1., Transportation Operations Supervisor, Transportation;
Department, City of Miami Beach;. Christopher Todd, Marine Authority Board Member; and
Alternates.
o Jose R. Gonzalez,P.E., Director, Transportation Department, City of Miami Beach;
and
WHEREAS, the Committee convened on October 24, 2014 to consider the proposal
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
743
on the scope of services, references, and a copy of the sole proposal; and engaged in a
question and answer session after the presentation of the sole proposers; and
WHEREAS, after reviewing the sole proposal submitted and the Committee's scoring of
the proposal was 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 Water Taxi Miami lnc and Sightseeing Tours Management, lnc. d/b/a lsland Queen
Cruises for Water Taxi Services, excluding the proposed dock facilities at South Pointe Park;
and
WHEREAS, prior to executing an agreement for Water Taxi Services with Water Taxi
Miami lnc and Sightseeing Tours Management, lnc. dlbla lsland Queen Cruises, the
Administration shall present the proposed negotiated terms to the Mayor and City Commission
during a scheduled City Commission meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager pertaining to the ranking of firms, pursuant to
lnvitation to Negotiate (lTN) 2014-326-JR for Public Waterborne Transportation Services
Concession in the City of Miami Beach (Water Taxi Services); and authorize the Administration
to negotiate an agreement with the sole proposer, Water Taxi Miami lnc and Sightseeing Tours
Management, lnc. d/b/a lsland Queen Cruises; and further require that the Administration
present the final negotiated terms to the City Commission before executing an agreeement.
PASSED AND ADOPTED this 19th day of November,2014.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
T:\AGENDAU0I4\November\Procurement\Public Waterborne Transportation Services Concession (water taxi) RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t r f ,zitY
-
Dote
744
COMMISSION ITEM SUMMARY
Condensed Title:
ION OF THE CITY OF MIAMI BEACH, FLORIDA'
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF
PROPOSALS WITH RESPECT TO PHASE I OF THE RFP SELECTION PROCESS PURSUANT TO
REQUEST FOR PROPOSALS (RFp) NO. 2014-294-ME, FOR DESIGN BUILDER SERVICES FOR THE
MTAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSTON PROJECT
Item Summary/Recommendation :
art'modern,energyefficient,andwhichfitslocal
Su Data (Su Environmental Scan, etc.: N/A
issuance of RFP 2014-294-ME for Design
BuildeiServices for the Miami Beach Convention Center Renovation and Expansion (the RFP).
RFp 2014-2g4-ME was issued on August 5,2O14,with an opening date of September 29,2014. A voluntary
pre-proposal conference to provide information to the proposers submitting a response was held on August
14,2014. The City received proposals from the following for (4) firms:
o Clark Construction Group, LLCo Hensel Phelps Construction Co.. Hunt Construction Group, lnc.o Tutor Perini Building CorP.
On October 13,2014, the City Manager appointed the Evaluation Committee via LTC # 2014-348. The
Evaluation Committee (the "Committee') convened on October2g, 20141o consider proposals received and
interview the proposing teams. Scott Robins was unanimously elected as the Chairperson of this Committee.
The Committee was [rovided with an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Sunshine Law. The Committee also provided general information on the scope of
services, references, and a copy of each proposal. Additionally, the Committee engaged in a question and
answer session after the presentation of each proposer.
The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria
established in the RFP. The committee ranked the proposers as follows:
1. Clark Construction GrouP, LLC
2. Hunt Construction GrouP, lnc.
3. Hensel PhelPs Construction Co.
4. Tutor Perini Building CorP.
RECOMMENDATION
After reviewing all the submissions, attending the Evaluation Committee meeting and having heard the
Evaluation Committee's comments and rankings, the City Manager exercised his due diligence and is
recommending that the Mayor and the City Commission ihortlist the top three proposers to proceed to
phase ll of the RFp evaluation process: Claik Construction Group, LLC; Hunt Construction Group, lnc'; and
Hensel Phelps Construction Co.
ADOPT THE RESOLUTION.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 N/A
2
OBPI Total
Financial lmpact Summary:
Alex Denis, Extension 6641
AGENDA "'* R7 O* MIAMIBTACH olr:x tl-19'lV745
MIAMI BEACH
city of Miomi Beoch, 1200 convention center Drive, Miomi Beoch, Florido 33,l39, www'miomibeochfl'gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of t
Jimmy L. Morales, CitY Manager
November 19,2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, TUORIOI, ACCEPTING THE RECOMMENDATION OF THE GITY
MANAGERPERTAININGToTHERANKINGoFPRoPoSALSWITHRESPEGT
TO PHASE I OF THE RFP SELECTION PROCESS PURSUANT TO REQUEST
FoR pRopoSALS inlpf No. 2014-2e4-ME, FoR DEglcN BUTLDER SERVIcES
FOR THE MIAM! BEACH CONVENTIdN CENTER RENOVATION AND
EXPANSION PROJECT
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Expeditioustyupgraffitobesmart,modern,energyefficient,andfitthe
local context, including walkability.
BACKGROUND
On May 14, 20,14, the City contracted with Fentress Architects ("Fentress") as its Design
Criteria professional (DCP)io create a Design Criteria Package d-ocumenting the City's i$e1t
of the renovation "no"rprnsion
of the Miarii Beach Convention Center ("MBCC')' The DCP
*iri n" responsible ioi oeslgning and documenting the renovation and expansion program
through the design developireni stage (30% draviings)., commonly referred to as "bridging
documents." The DCP wili also assist with the evaluaiion of the proposals, and monitoring
compliance to oesffi anO specitications throughout the Project construction documents
phase and construction Process.
On July 30, Z114,the Mayor and City Commission authorized the issuance of RFP 2014-294-
ME for Design Builder dervices foi tne Miami Beach Convention Center Renovation and
Expansion (the ,,RFp,') pursuant to section 287.055 of the Florida statutes, commonly referred
to as the consultant,s.iompetitive Negotiation Act (ccNA).
The Design-Builder team shall be led by a construction firm (Prime Proposer). The Prime
proposer shall be irre entity which shall bnter into a contract with the city, should this RFP
result in award. Rtt otner team members (including the architect of record and the landscape
architect) shall be a subcontractor to the Piime Proposer, and shall not be in contractual privity
with the CitY.
TO:
FROM:
DATE:
SUBJECT:
746
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-294'
ME - Miami Beach Convention Center Renovation and Expansion
November 19,2014
Page2
RFP PROCESS
nfp ZO1+-294-ME was issued on August 5, 2014, with an opening date of September 29,
2014. A pre-proposal conference to provide information to the proposers submitting a
response was held on August 14,2014.
ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step,
phased evaluation process. The Phase I selection process, which is the reason for this item,
relates to the qualifications, experience and availability of the proposers and key members of
the design-build team, including the lead architect and landscape architect. Only the short-
listed proposers during Phase I are authorized to proceed to Phase ll of the RFP selection
process, for evaluation of price and detailed technical proposals based on the approved
Design Criteria Package (the "DCP") being developed by Fentress. The City anticipates
issuing the DCP in late December, 2014, following its Commission approval.
The City received proposals from the following four (4) firms:. Clark Construction Group, LLC. Hensel Phelps Construction Co.o Hunt Construction Group, lnc.. Tutor Perini Building Corp.
On October 13,2014, the City Manager appointed the Evaluation Committee via LTC # 2014-
348. The Evaluation Committee (the "Committee") consisted of the following individuals:
o Kathie Brooks, Assistant City Manager and Residento James Carr, CEO, CC Devco Homes and Residento Michael Goldberg, Convention Center Advisory Board Voting Member and Chairman of
the Board for the Miami Beach Chamber of Commerceo David Martinez, Director, Capital lmprovement Projects. Scott Robins, Chair of Blue Ribbon Panel on Flooding and Resident
. Alex Tonarelli, Managing Director of the Lowes Hotelr Randy Weisburd, Chief Operating Officer, Atlantic & Pacific Companies and Resident"
*Mr. Weisburd subsequently recused himself and did not participate on the Evaluation
Committee.
ln determining initial responsiveness of the firms, the Procurement Department and Strategic
Advisory Group verified compliance with the minimum requirements established in the RFP,
and financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report. The
Legal Department also reviewed each firm's litigation history.
The Committee convened on October 29,2014 to consider proposals received and interview
the proposing teams. Scott Robins was unanimously elected as the Chairperson of this
Committee. The Committee was provided with an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Sunshine Law. The Committee also provided
general information on the scope of services, references, and a copy of each proposal.
Additionally, the Committee engaged in a question and answer session after the presentation
of each proposer.
747
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-294-
ME - Miami Beach Convention Center Renovation and Expansion
November 19,2014
Page 3
The Committee was instructed to score and rank each proposal pursuant to the evaluation
criteria established in the RFP, which included, in no particular order of priority, the following
criteria:. Organization Plan (10 points)o Prime Proposer experience and qualifications (20 points). Prime Proposer experience with maintaining operations during the construction
process (25 points)o Convention Center Designer experience and qualifications (15 points). Landscape Designer experience and qualifications (10 points)o Financial capability (15 points). Responses to forms (5 points)
The fol
Additional points were to be allocated, if applicable, in accordance to the City's Veteran
Preference Ordinances. However, none of the proposers were eligible for the Veteran's
Preference.
are the
Kathy
Brooks
o)c
Ic
(U
x.
David
Martinez
o)c
Alex
Tonarelli
o)cvc(ot
James
Carr
o)c
Michael
Goldbero
o)C
=Co
E,
Scoft
Robins
LOW
AGGRE
GATE
TOTALS
o)c!cot
(E
o)
o
Clark
Construction
Group. LLC 95 1 94 1 97 90 1 92 ,|100 1 b 1
Hunt
Construction
Group, lnc 87 2 87 2 83 2 68 3 88 2 84 2 13 2
Hensel Phelps
Construction
Co.66 4 83 3 81 3 78 2 81 3 69 3 18 3
Tutor Perini
Buildino Coro 80 3 79 4 64 4 58 4 78 4 54 4 23 4
748
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-294-
ME - Miami Beach Convention Center Renovation and Expansion
November 19,2014
Page 4
MANAGER'S DUE DTLIGENCE & RECOMMENDATION
ln accordance wiifr statutory requirements, at least three (3) firms shall be selected to proceed
to Phase ll of the RFP process, which requires each bidder to submit a Guaranteed Maximum
Price (GMP) based on the DCP, as well as "Voluntary Alternate Proposals which may result in
cost and/or time savings to the City".
City staff, Strategic Advisory Group, Fentress Architects, and the City's Owners
Representative, will have approximately six (6) weeks to assess compliance with the Design
Criteria Package, assess Voluntary Alternate Proposals, facilitate interviews with the
Evaluation Committee, make a recommendation the City Commission, and brief each City
Commissioner on the recommendation. Performing this process for three bidders will be
challenging; adding a fourth would likely impact the schedule. Furthermore, the evaluation
committee very clearly demarcated the top three (3) firms from the fourth during their
deliberations. Therefore the Administration believes it is most prudent to proceed to Phase ll
with three (3) firms versus four (4).
After reviewing all the submissions, attending the Evaluation Committee meeting and having
heard the Evaluation Committee's comments and rankings, the City Manager exercised his
due diligence and is recommending that the Mayor and the City Commission shortlist the top
three proposers to proceed to Phase ll of the RFP evaluation process: Clark Construction
Group, LLC; Hunt Construction Group, lnc.; and Hensel Phelps Construction Co.
Clark Construction Group. LLC:
Clark has completed fifteen (15) convention center projects totaling $4.7 billion and
approximately 20 million square feet, as well as a multiple of public assembly venues with
convention capabilities such as museums, hotels, theaters, and cultural centers. Key projects
include the Walter E. Washington Convention Center, Washington, DC; the Music City
Convention Center, Nashville, TN; and the Boston Convention & Exhibit Center, Boston, MA.
Hunt Construction Group. lnc.:
Hunt has completed twenty (20) convention centers and hotel convention center projects
totaling over $5 billion and approximately 20 million square feet, as well as a multitude of high
end billroom and meeting room spaces in the hospitality, sports, and aviation sectors. Key
projects include the Henry B. Gonzalez Convention Center Expansion in San Antonio, TX; the
Orange County Convention Center Phase V Expansion, Orlando, FL; and the Phoenix
Convention Center Expansion, Phoenix, AZ.
Hensel Phelps Construction Co:
Hensel Phelps has completed six (6) convention center and hotel convention center projects,
totaling over $1.5 billion and approximately 6.7 million square feet, as well as 16 million square
feet in renovations of operating facilities. Key projects include the Colorado Convention Center
Expansion & Renovation, Denver, CO, the Hilton San Diego Bayfront & Convention Center,
San Diego, CA, and the Hilton Baltimore Hotel & Convention Center, Baltimore, MD.
749
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-294-
ME - Miami Beach Convention Center Renovation and Expansion
November 19,2014
Page 5
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 proposals (RFP) No. 2014-294-ME for Design Builder
Services for the Miami Beach Convention Center Renovation and Expansion; approving the
recommendation to shortlist the top three proposers to proceed to Phase ll of the RFP
evaluation process: Clark Construction Group, LLC; Hunt Construction Group, lnc.; and
Hensel Phelps Construction Co.
JLM/MT/MH/AD/ME
T:\AGENDA\2014\NovembeAProcurement\MBCC\2014-294ME RFP - Design Build Phase I Convention Center - Memo.docx
750
RESOLUTION NO. 2014-
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS WITH
RESPECT TO PHASE I OF THE RFP SELECTION PROCESS PURSUANT TO
REQUEST FOR PROPOSALS (RFP) NO. 2014-294-ME, FOR DESTGN
BUILDER SERVICES FOR THE MIAMI BEACH CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT
WHEREAS, on July 30,2014, the Mayor and City Commission authorized the issuance
of RFP 2014-294-ME for Design Builder Services for the Miami Beach Convention Center
Renovation and Expansion (the "RFP") pursuant to Section 287 .055 of the Florida Statutes; and
WHEREAS, RFP 2014-294-ME was issued on August 5,2014, with an opening date of
September 29,2014; and
WHEREAS, a voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on August 14,2014; and
WHEREAS, the City received proposals from the following four (4) firms: Clark
Construction Group, LLC; Hensel Phelps Construction Co.; Hunt Construction Group, lnc.; Tutor
Perini Building Corp.; and
WHEREAS, on October 13,2014, the City Manager, via Letter to Commission (LTC) No.
2014-348, appointed an Evaluation Committee (the "Committee"), which convened on October
29,2014 to consider proposals received and interview the proposing teams, and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Sunshine Law; and general information on the
scope of services, references, and a copy of each proposal; and
WHEREAS, additionally, the Committee 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 Phase I evaluation criteria established in the RFP; and
WHEREAS, after reviewing all the submissions, attending the Evaluation Committee
meeting and having heard the Evaluation Committee's comments and rankings, the City
Manager exercised his due diligence and is recommending that the Mayor and the City
Commission shortlist the top three proposers to proceed to Phase ll of the RFP evaluation
process, in accordance with the Evaluation Committee's rankings, as follows:
(1) Clark Construction Group, LLC;
(2) Hunt Construction Group, lnc.; and
(3) Hensel Phelps Construction Co.
751
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to request for proposals (RFP) No. 2014-294-ME for Design Builder
Services for the Miami Beach Convention Center Renovation and Expansion; approving the
recommendation to shortlist the top three proposers to proceed to Phase ll of the RFP
evaluation process, in accordance with the Evaluation Committee's rankings, as follows: (1)
Clark Construction Group, t-t-C; (2) Hunt Construction Group, lnc.; and (3) Hensel Phelps
Construction Co.
PASSED AND ADOPTED this _ day of
ATTEST:
2014.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2014\November\Procurement\MBCC\2014-294ME RFP - Design Build Phase I Convention Center - Resolution.doc
752
COMMISSION I I tM SUMMARY
On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-248-ME for Owners
Representative Services for the Miami Beach Convention Center Renovation and Expansion (the RFP). The RFP
was issued on August 5,2014, with an opening date of September 8,2014. The City received proposals from the
following five (5)firms: (1) Caribbean Project Management, PC; (2)Claro Development Solutions, lnc.; (3)Hill
lnternational; (a) STV Construction, lnc. ; (5) URS Corporation Southern.
The Evaluation Committee (the "Committee") convened on October 3,2014 to consider proposals received and
interview the proposing teams. Hill lnternational (Hill)and URS Corporation Southern (URS)were both ranked first
when considering both cost and qualifications, however Hill was clearly ranked first and URS second when
considering qualifications only.
On October 22,2014, the Mayor and Commission adopted Resolution 2014-28801, approving the City Manager's
recommendation to authorize the Administration to enter into negotiations with Hill lnternational, and if not
successful, to enter into negotiations with URS.
Following a number of negotiation meetings and discussions, Hill lnternational's fee has been reduced from
$4,961,002 to $4,028,428 as follows:
Basic Services (lump sum): $3,832,715
Reimbursables(not-to-exceedallowance): $ 195,713Total: $4,028,428
The Administration is of the opinion that the final negotiated fee is fair, reasonable, and consistent with the
Administration's estimated budget for the Owner's Representative Services for the project.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve
and authorize the Mayor and City Clerk to execute an Agreement with Hill lnternational, lnc., pursuant to request
for proposals (RFP) No. 2014-278-ME, for Owners Representative Services for the Miami Beach Convention
Center Renovation and Expansion Project, in the amount of $4,028,428.
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
Financial lnformation:
&
-
AGENBA 'TEM
R1 ?
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute An Agreement With Hill lnternational, lnc., Pursuant To
Request For Proposals (RFP) No.2014-278-ME, For Owners Representative Services For The Miami Beach
Convention Center Renovation And Expansion ln The Amount Of $4.028.428.
Expeditiously upgrade the convention center to be smart, modern, energy efficient, and which fits local context,
Data (Su , Environmental Scan, etc: N/A
Item Summary/Recommendation:
Source of
Funds:hffitl
Amount Account
1 $ 1 13,820 Phase 1 Pre-Construction: Miami Beach Redevelopment
Agency Non-Trust Fund Special Revenue Account No. 165-
2816-061357
2 $3,914,608 Phase 2 Construction: To be awarded with funding availability
\qgpl Total $4,028,428
Financial lmpact Summary: Any future or additional expenditures will be based on previously approved
budqeted funds.
MIAMIBEACH aarc tt-tl^[V753
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISS N MEMORANDUM
TO:Mayor Philip Levine and Members ol the City mtsston
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT WITH HILL INTERNATIONAL, INC.,
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-278-ME, FOR
OWNERS REPRESENTATIVE SERVICES FOR THE MIAMI BEACH
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT, IN THE
AMOUNT OF $4,028,428.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Expeditiously upgrade the convention center to be smart, modern, energy efficient, and which
fits local context, including walkability.
FUNDING
Funding for the contract will occur in a two phase process as follows:
$ 113,820 Phase 1 - Pre-Construction Phase
$3.914.608 Phase 2 - Design-Build Phase
$4,028,428 Total
Funding for Phase 1 will be available through Miami Beach Redevelopment Agency Non-
Trust Fund Special Revenue Account No. 165-2816-061357. Subsequent construction phase
funding will be awarded when available.
BACKGROUND
On July 30, 2014, the Mayor and Commission authorized the issuance of RFP 2014-278-ME
for Owners Representative Services for the Miami Beach Convention Center Renovation and
Expansion (the RFP).
RFP 2014-278-ME was issued on August 5, 2014, with an opening date of September 8,
2014. The City received proposals from the following five (5) firms:
. Caribbean Project Management, PC. Claro Development Solutions, lnc.. Hill lnternational. STV Construction, lnc.. URS Corporation Southern
$4,741,623
$4,548,764
$4,961,002
$5,831,368
$3,882,858
754
Miami Beach Convention Center Renovation and Expansion
Hill lnternational Agreement
November 19,2014
Page 2
The Evaluation Committee (the "Committee") convened on Octobet 3, 2014 to consider
proposals received and interview the proposing teams. Hill lnternational (Hill) and URS
Corporation Southern (URS) were both ranked first when considering both cost and
qualifications, however Hill was clearly ranked first and 'URS second when considering
qualifications only.
On October 22,2014, the Mayor and Commission adopted Resolution 2014-28801, approving
the City Manager's recommendation to authorize the Administration to enter into negotiations
with Hill lnternational, and if not successful, to enter into negotiations with URS.
Following a number of negotiation meetings and discussions, Hill lnternational's fee has been
reduced from $4,961,002 to $4,028,428 as follows:
Basic Services (lump sum): $3,832,715
Reimbursables(not-to-exceedallowance): $ 195,713
Total: $4,028,428
The Administration is of the opinion that the final negotiated fee is fair, reasonable, and
consistent with the Administration's estimated budget for the Owner's Representative Services
for the project.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve and authorize the Mayor and City Clerk to execute an Agreement with
Hill lnternational, lnc., pursuant to request for proposals (RFP) No.2014-278-ME, for Owners
Representative Services for the Miami Beach Convention Center Renovation and Expansion
Project, in the amount of $4,028,428.
Attachments:
1. Fee Summary
2. Hill lnternational, lnc. Agreement
JLM/MT/AD/ME/MH
T:\AGENDA\2014\November\Procurement\MBCC\2014-27gME RFP - Owners Rep Convention Center- Hill lnternational - Memo.docx
755
RESOLUT!ON NO. 2014.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZTNG THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WITH HILL INTERNATIONAL, INC.,
PURSUANT TO REQUEST FOR PROPOSALS (RFp) NO. 2014-278-ME, FOR
OWNERS REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION
CENTER RENOVATION AND EXPANSION PROJECT, IN THE AMOUNT OF
$4,028,428.
WHEREAS, on July 30, 2014, the Mayor and Commission authorized the issuance of RFP No.
2014-278-ME for Owners Representative Services for the Miami Beach Convention Center Renovation
and Expansion (the RFP); and
WHEREAS, RFP No. 2014-278-ME was issued on August 5, 2014, with an opening date of
September 8,2014; and
WHEREAS, a voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on August 13,2014; and
WHEREAS, the City received proposals from the following five (5) firms: (1) Caribbean Project
Management, P.C.; (2) Claro Development Solutions, lnc.; (3) Hill lnternational, lnc.; (4) STV
Construction, lnc.; and (5) URS Corporation Southern; and
WHEREAS, on September 23,2014, the City Manager via Letter to Commission (LTC) No. 324-
2014, appointed an Evaluation Committee (the "Committee"), which convened on October 3, 2014 to
consider proposals received and interview the proposing teams; and
WHEREAS, although the Committee ranked Hill lnternational, lnc. (Hill) and URS Corporation
Southern (URS) first when considering both cost and qualifications, Hill was clearly ranked first and URS
second when considering qualifications; and
WHEREAS, on October 22,2014, the Mayor and Commission adopted Resolution 2014-28801,
approving the City Manager's recommendation to enter into negotiations with Hill lnternational, lnc.; and
WHEREAS, following a number of negotiation meetings and discussions, Hill's fee has been
significantly reduced from $4,961,002 to $4,028,428, an amount consistent with the Administration's
estimated budget for Owner's Representative Services for the Miami Beach Convention Center
Renovation and Expansion Project;
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 an Agreement with Hill lnternational, lnc., attached hereto
as Exhibit 'A," pursuant to RFP No.2014-278-ME, for Owners Representative Services for the Miami
Beach Convention Center Renovation and Expansion Project, in the amount of $4,028,428.
PASSED AND ADOPTED this
ATTEST:
day of 2014.
Rafael Granado, City Clerk Philip Levine, Mayor
756
mmr
Hill lnternational
ATTACHMENT 1
Hill lnternational, lnc.
601 Brickell Key Drive
Suite 600
Miami, FL 33131
Phone: (305) 4684900
Fax : (305) 468-4919
www. hillintl.com
November 5,2074
Ms. Maria Hernandez, R.A.
Project Director - Convention Center
Office of the City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Subject: Revised Estimated Project Fee Summary - Owne/s Representative Services
Dear Maria:
PerJeff's request in response to our previous revision, we are providing the enclosed revised estimated project fee for
Owner's Representative services. To achieve what Jeff hoped to accomplish with his most recent comments, we have
separated our fee into two different phases and incorporated the various changes. Our revised project fee estimate is
54,028,428, which is the sum of S113,820 for Pre-Construction and S3,914,608 for Design-Build, as follows:
ln this version, we have decreased hours for Estimating and Scheduling support, which can be revisited, should it be
required, and we have increased hours for Deborah and Eladio in March and April of 2015. Additionally, we have
optimlzed 2018 by phasing out certain staff sooner than in previous versions. The staffing levels represented within this
estimate are ideal and necessary to deliver the project as intended. The projected man-hours listed are still for
budgeting purposes only, as monthly hours billed to the project may fluctuate depending on the requirements of the
City and/or the distribution of vacation days and holidays for full-time project staff. The monthly man-hour projections
account for the hours to be worked in each month less an average of total paid time off allotted to full-time employees
during each calendar year, which is distributed equally across all months.
This estimate also includes anticlpated reimbursable expenses for both phases as an allowance for the trailer and
travel. Thoughitmaybeusedindifferentintervalsthroughouttheyear,ouryearlytravel allowanceestimatehasbeen
distributed equally across all twelve months of a given year for budgeting purposes, and estimated travel expenses
during the pre-construction phase have been increased to accommodate more trips. Additionally, a monthly recurring
cost for the trailer has been included through 2016 and 2077 of the Design-Build Phase, and the trailer set-up cost has
been included in December 2015 of the Design-Build Phase. The estimated cost of the trailer, for which we anticipate
the need and benefit of a triple-wide and include out-fitting of office space for City stafl is based on our experience in
establishing temporary field office space in the past, and we are confident in the accuracy of this estimate.
We are available at your convenience to proceed with negotiations and execute our contract. We look forward to
joining your team and guiding the successful delivery of this truly spectacular project. lf you have any questions or
require further information, please feel free to contact me directly.
Sincerely,
HtLLtNTERNATIONA| lNC.
Stuart S. Rlchter
Senior Vice President
757
Owner's Represenlotive Services
Pre-Construciion Phose (01 /2015
Cosl Motrix
- osl201s)
Pre-Construction Phase
Estimated Fee Summary
2015 2AL6 2077 2018 Pre-Con Phase
Estimoted Pre-Construction PhoseHours 605 o 0 0 605
Plpose, elet lo lhe Pte<anstruction Phdsp 2oI 5 I stimoted Fee Detdil on poge 2
LLls/20L4
CITY OF MIAMI BEACH
Owner's Representative Servicesnr[1 Page | 1
758
Pre-Construction Phase
zOtS Estimated Fee Detail
ESTIMATED HOURS Jan Feb Mar Ap. May Jur Jul Alg lep oct Nov Dec Year
Prgiqft Fxe.utlge
Proieat Manaaer
r,^A-t.r, \!! Jlffit -t ': llN tw }Mu*rl!s# r jl:ry,, - *//iltt #^
Pre-Con Phose Hours 50 50
LL/s/20t4
CITY OF MIAMI BEACH
Owner's Representative Serviceslil11 Page | 2
759
Owner's Represenlqlive Services Cost Mqtrix
Design-Build Phose (06/2015 - 06/2018)
Design-Build Phase
Estimated Fee Summary
2016 2017 D-B Phase
Estimdted Design-Build Phose Hours 1,906 11,632 2,270 2f.440
Pledse reler to the D6ign-Build Phose 2o15,2016, 2o17 dnd 2018 Estimoted Fee Detoil on poges 4, 5,6 dnd 7, t$pectively.
Lr/s/2or4
CITY OF MIAMI BEACH
Owner's Representative Servicesnl11 Page | 3
760
Design-Build Phase
}OLS Estimated Fee Detail
lan Feb Ma. Apr Mry Jun lul Aug Sep O.t Nov Dec Year
Prgie ct EI9!f !1,,F..,..,
:uuuuuuuuautuit-t ::::t:7aq:;l]M';-: :i : :B:*lwuffi s
t78 1,905
tllsl2oL4
CITY OF MIAMI BEACH
Owner's Representative Services]il11 Page | 4
761
D-B Phase Hours 918
Design-Build Phase
Z.OLG Estimated Fee Detail
TED
Lobor Estimote S 121,910
Expense Estimote 5 5,712
Fee Estimote 5 t27,622
s 138,866 s 127,562 s 121,562 s 133,214
5 s,712 5 s,772 5 s,712 5 5,712
S 144,s78 $ 133,274 S 133,274 S 138,926
S 121,910 5 138,866 5 127,s62
s 5,712 s 5,712 s 5,112
5r27,622 $L44,57A 3 L33,274
sqile.z=
53r?da::=
5 121,910 5 721,562 5 1,542,048
s s,712 s 5,712 s 68,540
s127,622 s133,274 s1,610,588
5 727,562
S s,712
S 133,274
53;2eal:r: ,:*ri.d4i.
lL$illgd !1,,246:.: 512ac .r.-
LL/sl2Ot4
CITY OF MIAMI BEACH
Owner's Representative ServicesnI11 Page | 5
762
Design-Build Phase
2OL7 Estimated Fee Detail
CIry OF MIAMI BEACH
Owner's Representative Serviceslil11 Page | 6
763
Design-Build Phase
2OLB Estimated Fee Detai!
ffit$r}$'Hlw=
D-B Phdse Hours 433
tL/sl20L4
CITY OF MIAMI BEACH
Owner's Representative ServicesnI11 Page | 7
764
ATTACHMENT 2
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
HILL INTERNATIONAL, INC.
FOR
OWNER'S REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION GENTER
RENOVATION AND EXPANSION PROJECT
Resolution No.
1
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
765
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1. DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. ADDITIONAL SERVICES
ARTICLE 5. REIMBURSABLE EXPENSES
ARTICLE 6. COMPENSATION FOR SERVICES
ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 9. TERMINATION OF AGREEMENT
ARTICLE 10. INSURANCE
ARTICLE ll.INDEMNIFICATION AND HOLD HARMLESS
ARTICLE 12. LIMITATION OF LIABILITY
ARTICLE 13. NOTICE
ARTICLE 14. MISCELLANEOUS PROVISIONS
SCHEDULES:
SCHEDULE A -
SCHEDULE A-1
SCHEDULE B -
SCHEDULE C -
SCOPE OF BASIC SERVICES
. CONSULTANT SERVICE ORDER
CONSULTANT COMPENSATION,
HOURLY RATES AND FEE SCHEDULE
INSURANCE AND SWORN AFFIDAVITS
PAGE
3
6
I
10
11
11
13
13
14
15
17
17
18
18
22
29
30
2
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
766
AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
HILL INTERNATIONAL, INC.
FOR
OWNER'S REPRESENTATIVE SERVICES FOR
THE MIAMI BEACH CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
This Agreement made and entered into this _ day of _,2014 (Effective Date), by and
between the CITY OF MIAMI BEACH, a municipal corporation existing under the laws of the
State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida, 33139, (hereinafter referred to as City), and HILL INTERNATIONAL, lNC., a Delaware
corporation having an office at 601 Brickell Key Drive, Suite 600, Miami, FL 33131 (hereinafter
referred to as Consultant or Owner's Representative).
W!TNESSETH:
WHEREAS, the City issued a competitive solicitation for an Owner's Representative to
provide comprehensive services in the organization, coordination, management and
administration of all aspects of the renovation and expansion of the Miami Beach Convention
Center (the Project), on the terms and conditions set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of those
certain professional services relative to the Project.
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
and not othenvise contemplated by or related to the Basic Services set forth in Schedule A
hereto, which the Consultant shall perform, at the City's option, and which have been duly
authorized, in writing, by the City Manager or his authorized designee, prior to commencement of
same.
1.2 BASIC SERVICES/SERVICES: "Basic Services" or "Services" shall mean all services,
work, and actions by the Consultant performed pursuant to the terms of this Agreement and as
described in Schedule A of this Agreement. Any work or scope of services not specifically
included as Additional Services (as defined herein) shall be considered Basic Services.
1.3 GITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida
municipal corporation having its principal offices at 1700 Convention Center Drive, Miami Beach,
Florida,33139.
1.4 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of
the City.
1.5 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the
owNER's RE,RESENTATT'E .ERVT.ES - MrAMr BEACH
"o*ra*r,o'*
.ENTER RENovATToN & EX'ANST.N
767
City Commission or regulatory or administrative bodies having jurisdiction over any matter(s)
related to the Project, the Services, and/or this Agreement).
1.6 CONSULTANT/OWNER'S REPRESENTATIVE: The named entity on page 1 of this
Agreement, the "Consultant" or "Owner's Representative" shall mean the licensed firm that has
entered into a contract with the City to provide the Services described under this Agreement.
When the term "Consultant" is used in this Agreement it shall also be deemed to include any
officers, employees, approved sub-consultants, agents, and any other person or entity acting
under the supervision, direction, or control of Consultant.
1.7 CONSULTANT SERVICE ORDER: "Consultant Service Order" shall mean the work,
services and/or tasks assigned by the City to Consultant (and issued pursuant to the notice, in
substantial form, attached as in Schedule "A-1" hereto), and specifically describing and
delineating the particular Services (Basic and othenruise) which will be required of Consultant for
the portion of the Services that is the subject of such Order. Consultant shall not commence any
Services, and shall not be compensated for any Services, unless authorized in advance by a
Consultant Service Order.
1.8 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to
the Agreement approved by the City (as specified below) and executed between City and
Consultant, covering changes, additions, or reductions in the terms of this Agreement including,
without limitation, an adjustment in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed twenty-five
thousand dollars ($25,000.00) or the City Manager if they are twenty-five thousand dollars
($25,000.00) or less (or other such amount as may be specified by the City of Miami Beach
Procurement Ordinance, as amended). Even for Contract Amendments for less than twenty-five
thousand ($25,000.00), the City Manager reserves the right to seek and obtain concurrence of
the City Commission for approval of any such Contract Amendment.
1.9 CONTRACT DOGUMENTS: "Contract Documents" shall mean the agreement with the
Design-Builder for the design and construction of the Project (together with all exhibits, addenda,
and written amendments issued thereto), including completed Construction Documents (once
approved by the City), and any approved modifications thereto.
1.10 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final
documents which are actually used to construct the Project, including but not limited to plans,
technical specifications, drawings, documents, schedules and diagrams prepared by or for the
Design-Builder, setting forth in detail the requirements for the construction of the Project in
accordance with the Design Criteria Package and the Contract Documents and which show the
locations, characters, dimensions and details of the Work.
1.11 CONTRACTOR/DESIGN-BUILDER: "Contractor" or "Design-Builder" shall mean the
firm, company, corporation, or other entity contracting with City for the design and construction of
the Project, in accordance with the Design-Builder's Contract Documents.
1.12 DESIGN CRITERIA PROFESSIONAL: The "Design Criteria Professional" shall mean
Fentress Architects.
1.13 DESIGN CRITERIA PACKAGE: "Design Criteria Package" shall mean shall mean all
drawings, specifications, and other documents, prepared by the Design Criteria Professional in
accordance with Florida Statutes, Section 287.055 and approved by the City as part of the
owNER's RE'RESENTATT,E
'ERVT.ES
- MrAMr BEA.H
"o*u=*r,ol,
.ENTER RENovATToN & EX'ANSToN
768
Contract Documents, and which includes the package of performance criteria, drawings and
specifications to be used by the Design-Builder to design and construct the project.
1.14 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such
as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the
date of this Agreement ; or other causes beyond the parties' control which have, or may be
reasonably expected to have, a material adverse effect on the Project, or on the rights and
obligations of the parties under this Agreement and which, by the exercise of due diligence, such
parties shall not have been able to avoid; provided, however, that inclement weather (except as
noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor
conditions, construction industry price trends, and similar matters which normally impact on the
construction process shall not be considered a Force Majeure.
1.15 PROJECT: The "Project" shall mean the renovation and expansion of the Miami Beach
Convention Center pursuant to a design-build methodology as more fully described in the RFP
and consistent with the final Design Criteria Package developed by Fentress Architects, including
but not limited to renovation of all exhibit halls, meeting rooms, pre-function, and support spaces
such as loading docks, kitchens, bathrooms, MEP systems, and exterior areas; expansion to
accommodate new ballroom and meeting space; the conversion of approximately BB0 surface
parking spaces into a 6.5 acre public park (with new parking on the roof of the building to replace
the existing parking spaces); and the refurbishment of Convention Center Drive and the Collins
Canal seawall.
1.16 PROJECT GONSULTANT: The "Project Consultant" shall mean Strategic Advisory
Group, a strategic consultant to the City for the Project.
1.17 PROJECTGOORDINATOR: The "Project Coordinator" shall mean Maria Hernandez,
Project Director for the Miami Beach Convention Center District, or the individual designated in
writing by the City Manager who shall be the City's authorized representative to coordinate,
direct, and review (on behalf of the City) all matters related to the Project.
1.18 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Proposals
No. 2014-278-ME entitled "Owner's Representative Services for the Miami Beach Convention
Center Renovation and Expansion Project" issued by the City in contemplation of this
Agreement, together with all amendments thereto (if any), (the RFP), and the Consultant's
proposal in response thereto (Proposal), which is incorporated by reference to this Agreement
and made a part hereof; provided, however, that in the event of an express conflict between the
Proposal Documents and this Agreement, the Agreement shall prevail.
1.19 SGHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A
Schedule B
Schedule C
Scope of Basic Services.
Consultant Compensation, Hourly Billing Rates, & Fee Schedule
lnsurance Requirements and Sworn Affidavits
1.20 SCOPE OF SERVICES: "Scope of Services" shall include the Basic Services described
in Schedule "A" hereto, and any Additional Services (as approved by the City), and shall include
the particular work, services, and/or tasks assigned to Consultant pursuant to the City's issuance
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of a Consultant Service Order.
1.21 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Design-Builder of all duties and
obligations proposed by the Design Build Contract for design and construction of the Project.
ARTIGLE 2. BASIC SERVICES
2.1 The Consultant shall provide the Basic Services, as set forth in Schedule "A" hereto and
authorized by Consultant Service Orders.
2.2 Consultant shall provide a project team at all times that shall have sufficient capacity, skill
and experience to perform the Services ("Consultant's Team"). The Consultant's Team is
considered essential to the performance of the Services. The initial Consultant's Team identified
in the Consultant's Proposal is approved by the City.
2.2.1. Consultant agrees to designate Deborah Palmer as its project manager
(hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of the Services. Consultant's Project Manager (as well as any
replacement) shall be subject to the prior written approval of the City Manager or the Project
Coordinator.
2.2.2. Consultant may not, without the advance written consent of the City, reassign or
replace any member of the Consultant's Team or divert any member of the Consultant's Team to
other projects, including but not limited to the Project Manager. Any replacement personnel shall
be subject to the Project Coordinator's advance written approval. City shall at all times have the
right to approve the specific Consultant employees performing work on the Project. City shall
have the right to require the substitution or removal of any Consultant employee from the Project,
if in the City's sole judgment, such employee's conduct or performance is detrimental to the
Project.
2.3 The Services will be commenced by the Consultant upon receipt of a written Consultant
Service Order signed by the City Manager or Project Coordinator. Consultant shall countersign
the Consultant Service Order upon receipt, and return the signed copy to the City.
2.4 As it relates to the Services and the Project, Consultant warrants and represents to City
that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and
Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable
Laws") and that Consultant is experienced, fully qualified, and properly licensed pursuant to all
applicable laws to perform the Services. As they relate to the Services and to the Project, the
Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be
amended or adopted from time to time, and shall further take into account all known pending
changes to the foregoing of which it should reasonably be aware. Consultant shall require that
its subcontractors, if any, maintain any and all necessary governmental licenses, certificates,
approvals, and permits that are required for the performance of the Services. The Consultant
agrees to maintain in full force and effect all such required licenses, certificates, approvals, and
permits throughout the Term.
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2.5 Consultant shall diligently coordinate performance of its Services with the City (through
the Project Coordinator) in order to facilitate the safe, expeditious, economical and efficient
completion of the Project, without negatively impacting concurrent work by others. The
Consultant shall coordinate the Services with all of its sub-consultants, as well as other
consultants, including, without limitation, City provided consultants (if any).
2.6 Consultant acknowledges and agrees that it may be required, from time to time, to
provide the Services outside of normal working hours in order to monitor the progress of the
Design-Builder's Work, based on the Design-Builder's schedule for performance thereof.
Consultant acknowledges and agrees that any costs associated with such scheduling
requirements are incorporated into the fees/hourly billing rates set forth in Schedule B.
2.7 The Consultant warrants and represents to City that all of the Services required under
this Agreement shall be performed in accordance with the standard of care normally exercised in
the administration of comparable projects in South Florida. Consultant acknowledges and agrees
that time is of the essence in the completion of a Project.
2.8 The term of this Agreement shall commence upon execution by the parties which shall
be the Effective Date and will remain in full force and effect until the completion of the Services,
subject to earlier termination as provided in this Agreement. Notwithstanding the preceding
Term, Consultant shall adhere to any and all timelines and/or deadlines, including the time for
completion of the work and/or services as set forth in any Consultant Service Order. Nothing
herein shall prevent the City from exercising its rights to terminate the Agreement, as provided
elsewhere herein.
2.9 Consultant shall use reasonable professional efforts to maintain a constructive,
professional, cooperative working relationship with the Project Coordinator and other City staff,
Design-Builder, the Design Criteria Professional, and any and all other individuals and/or firms
that have been contracted, or otherwise retained, to perform work on the Project.
2.10 The Consultant shall perform the Services and its duties under this Agreement in a
competent, timely and professional manner, and shall be responsible to the City for any failure in
its performance, except to the extent that acts or omissions by the City make such performance
impossible. The Consultant is responsible for the professional quality, technical accuracy,
completeness, performance and coordination of all Services required under the Agreement and,
under any Consultant Service Order issued to the Consultant by the City (including the Services
performed by sub-consultants), within the specified time period and specified cost. Consultant
shall provide the personnel, and project hours, identified in Schedule B. The Consultant is
responsible for, and shall represent to City that its work conforms to the City's requirements, as
set forth in the Agreement.
2.11 The Consultant shall be and remain liable to the City for all damages to the City caused
by the Consultant's negligent acts or omissions in the performance of the Services. ln addition to
all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-
perform all or any portion of the Services to correct any deficiencies which result from the
Consultant's failure to perform in accordance with the Agreement terms. Neither the City's
inspection, review, approval or acceptance of, nor payment for, any of the Services required
under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of its
obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's
rights under the Agreement, or of any cause of action arising out of the performance of the
Agreement. The Consultant and its sub-consultants shall be and remain liable to the City in
accordance with Applicable Laws for all damages to City caused by any failure of the Consultant
or its sub-consultants to comply with the terms and conditions of the Agreement or by the
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Consultant or any sub-consultants' misconduct, unlawful acts, negligent acts or omissions in the
performance of the Agreement. With respect to the performance of Services by sub-consultants,
the Consultant shall, in approving and accepting such Services, confirm the professional quality,
completeness, and coordination of the sub-consultant's Services. The Consultant is advised that
performance evaluation(s) of the work and/or services rendered throughout this Agreement will
be completed by the City and kept in the City's files for evaluation of future solicitations.
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of
legal entitlement to practice and/or perform such Service(s), it shall employ and/or retain only
qualified duly licensed certified personnelto provide same.
2.13 Consultant agrees not to divulge, furnish or make available to any third party(ies), any
non-public information concerning the Services or the Project, without the prior written consent of
the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure
is incident to the proper performance of the Services; or the disclosure is required pursuant to
Florida Public Records laws; or, in the course of judicial proceedings, where such information
has been properly subpoenaed. Consultant shall also require its employees and sub-consultants
to comply with this subsection.
2.14 The City and Consultant acknowledge that the Services, as described in this Agreement
and in Schedule "A" hereto, do not delineate every detail and minor work task required to be
performed by Consultant to complete the work and/or services described and delineated under a
Consultant Service Order. Any ancillary work that may be required or necessary for the
successful completion of the Basic Services shall be deemed to be a Basic Service under this
Agreement and shall also be deemed to be within the scope of services delineated in the
Consultant Service Order (whether or not specifically addressed in such scope of services).
2.15 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and
all such documents and/or records. ln addition, Consultant shall provide electronic document
files to the City upon completion of the Project.
2.'16 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under this
Agreement and/or applicable laws.
2.17 Consultant shall not utilize any sub-consultants to complete the Services, except upon
the advance written approval of the City, which approval may be withheld at the City's sole
discretion. Any services provided by sub-consultants, if approved by the City Manager, shall be
undertaken and performed pursuant to appropriate written agreements between the Consultant
and the sub-consultants, which shall contain provisions that preserve and protect the rights of the
City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and the sub-consultants. The Consultant shall not retain, add, or
replace any sub-consultant without the prior written approval of the City Manager or his/her
designee, in response to a written request from the Consultant stating the reasons for any
proposed substitution. Any approval of a sub-consultant by the City shall not in any way shift the
responsibility for the quality and acceptability by the City of the services performed by the sub-
consultant from the Consultant to the City. The quality of services and acceptability to the City of
the services performed by sub-consultants shall be the sole responsibility of Consultant.
Payment of sub-consultants shall be the responsibility of the Consultant, and shall not be cause
for any increase in compensation to the Consultant for payment of the Services.
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ARTICLE 3. THE CITY'S RESPONSIB!LITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Project during the design and construction of same (except unless othenruise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services and the Project. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Services described in this Agreement;b) the Term of this Agreement; orc) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its
possession pertinent to the Project. Consultant hereby agrees and acknowledges that, in
making any such information available to Consultant, the City makes no express or implied
certification, warranty, and/or representation as to the accuracy or completeness of such
information. The Consultant understands, and hereby agrees and acknowledges, that it is
obligated to verify to the extent it deems necessary all information furnished by the City, and that
it is solely responsible for the accuracy and applicability of all such information used by
Consultant. Such verification shall include, without limitation, visual examination of existing
conditions in all locations encompassed by the Project, where such examination can be made
without using destructive measures (i.e. excavation or demolition).
3.3 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.4 lf the City observes or othenvise becomes aware of any fault or defect in the Project, or
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.5 The City Commission shall be the final authority to do or to approve the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreement:
3.5.1 The City Commission shall be the body to consider, comment upon, or approve
any assignment, of this Agreement.
3.5.2 Upon written request from Consultant, the City Commission shall hear appeals
from administrative decisions of the City Manager or the Project Coordinator. ln such
cases, the Commission's decision shall be final and binding upon all parties.
3.5.3 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.6 Except where othenruise expressly noted in this Agreement, the City Manager shall serve
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as the City's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where othenryise expressly
noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and
authorizations which may include, without limitation, proprietary review, approval, or comment
upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the
City by Consultant.
3.6.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.6.2 The City Manager shall decide, and render administrative (proprietary) decisions
on matters arising pursuant to this Agreement which are not otherwise expressly provided
for in this Agreement. ln his/her discretion, the City Manager may also consult with the
City Commission on such matters.
3.6.3 Consultant's compensation (or other budgets established by this Agreement) may
not be increased without the prior approval of the City Commission, which approval (if
granted at all) shall be in its sole discretion.
3.6.4 The City Manager may approve Contract Amendments which do not exceed the
sum of fifty thousand dollars ($50,000.00) (or other such amount as may be specified by
the City of Miami Beach Purchasing Ordinance, as amended); provided that no such
amendments increase any of the budgets established by this Agreement.
3.6.5 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice and
recommendations relating to the exercise of the City's powers, duties, and responsibilities
under this Agreement or the Contract Documents.
3.6.6 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under
this Agreement, and, should such default remain uncured, in terminating the Agreement
(pursuant to and in accordance with Article t hereof).
ARTICLE 4. ADDITIONAL SERVICES
4.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultant). The written authorization shall
contain a description of the Additional Services required; an hourly fee (in accordance with the
rates in Schedule "8" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any)
with a "Not to Exceed" amount; the time required to complete the Additional Services; and an
amended Project Schedule (if applicable). "Not to Exceed" shall mean the maximum cumulative
hourly fees allowable (or, in the case of Reimbursable Expenses, the maximum cumulative
expenses allowable), which the Consultant shall not exceed without further written authorization
of the Project Coordinator. The "Not to Exceed" amount is not a guaranteed maximum cost for
the additional work requested (or, in the case of Reimbursables, for the expenses), and all costs
applicable to same shall be verifiable through time sheets (and, for Reimbursables, expense
reviews).
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ARTICLE 5. REIMBURSABLE EXPENSES
5.1 Reimbursable Expenses are an allowance set aside by the City in the aggregate not-to-
exceed amount of $195,713.00, to cover certain actual expenditures made by the Consultant in
the interest of the Project. Notwithstanding the preceding, any Reimbursable Expenses in
excess of $500 must be authorized, in advance, in writing, by the Project Coordinator. lnvoices
or vouchers for Reimbursable Expenses shall be submitted to the Project Coordinator (along with
any supporting receipts and other back-up material requested by the Project Coordinator).
Consultant shall certify as to each such invoice and/or voucher that the amounts and items
claimed as reimbursable are "true and correct and in accordance with the Agreement."
5.2 Reimbursable Expenses may include the following:
5.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use of
the Consultant and its sub-consultants, and courier, postage and handling costs between
the Consultant and its sub-consultants).
5.2.2. Costs for rental of one on-site triple-wide trailer and associated utilities, office
equipment such as computers, printers, computer software, telephones, and other
general field office expenses.
5.2.3. Costs for airfare, rental car, taxis, meal per diems (at City per diem rates) and
hotel accommodations, in furtherance of the performance of the Services. Any such
costs shall be reimbursed at actual rates (no markups) in accordance with Florida Statute
112.061, as may be amended. Consultant shall obtain advance written authorization
from the Project Coordinator or his/her designee for travel expenses. Failure to obtain
such prior authorization shall be grounds for City's rejection of payment for any travel
expenses. The City and Consultant anticipate that travel-related reimbursements will be
limited to pre-approved travel for Consultant's Project Manager, and that absent City-
requested travel, Consultant will not otherwise be compensated for travel expenses its
personnel may incur in the performance of the Services.
5.2.4. Costs for the relocation of Consultant's Project Manager, Deborah Palmer, to
Miami-Dade County, Florida. ln the event Consultant's Project Manager is substituted
with other personnel, the City shall not pay any relocation expenses associated with any
such replacement or new personnel.
ARTICLE 6. COMPENSATION FOR SERVICES
The City agrees to pay and the Consultant agrees to accept, for services rendered pursuant to
this Agreement, the fees and other compensation in accordance with one or a combination of the
methods outlined below:
6.1 Consultant shall be compensated for Basic Services on a "Lump Sum" basis for the
Services, based on the monthly fee schedule and hourly rates set forth in Schedule B, or as may
be set forth or othenryise described in the Consultant Service Order issued for any portion of the
Services, as negotiated between City and Consultant. Such fees shall constitute full
compensation to the Consultant for all costs incurred by Consultant in the performance of the
Services, including but not limited to overhead expenses, fringe benefits, overtime costs,
operating margins and all other costs not covered by Reimbursable Expenses.
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6.2 Consultant shall not have any entitlement to provide any Services under this Agreement,
except for any portion of the Services authorized by the City, at its sole discretion, in a
Consultant Service Order. Consultant shall not commence any Services, and shall not be
compensated for any Services, unless authorized in advance by a Consultant Service Order.
6.3. Payments for Services shall be based on the monthly fee detail listed in Schedule B and
provided by Consultant for each phase of the Project. Payment shall be made within thirty (30)
calendar days of receipt and approval of an acceptable invoice by the Project Coordinator. No
mark-up shall be allowed on subcontracted work.
6.4 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedule "B," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not), and such fees shall constitute full compensation to the
Consultant for all costs incurred by Consultant in the performance of the seryices, including but
not limited to overhead, fringe benefits, overtime, operating margins and all other costs not
covered by Reimbursable Expenses.
6.5 Approved Reimbursable Expenses shall be paid in accordance with Article 5 hereto. Any
request for payment of Reimbursable Expenses shall also be included with Consultant's payment
request. No mark-up shall be allowed on Reimbursable Expenses.
6.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor.
6.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in a timely manner, but no more than once on a monthly basis. lnvoices shall identify the nature
and extent of the work performed; the total hours of work performed by employee category; and
the respective hourly billing rate associated therewith. ln the event sub-consultant work is used,
the percentage of completion shall be identified. lnvoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall
accompany the invoice.
6.7.1 lf requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for
Reimbursable Expenses (by category).
6.7.2 The City shall pay Consultant within thirty (30) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
6.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
6.7.4 Consultant shall be solely responsible for payments to Sub-consultant(s)
approved under this Agreement. Consultant shall not submit invoices which include
charges by Subconsultant(s) unless such services have been performed satisfactorily
and the charges are, in the opinion of the Consultant, payable to such Sub-consultant(s).
Consultant shall promptly make all payments to Sub-consultant(s) following receipt of
payment by the City.
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6.8 The maximum compensation for the Basic Services under this Agreement shall be the
not-to-exceed amount of $4,028,428.00.
6.9 The City reserves the right in its sole discretion, to negotiate mutually acceptable fees
and rates with Consultant that are less than those set forth herein for any portion of the Services.
6.10 ln the event extended Services are required beyond the schedule contemplated herein
forthe completion of the Project (June,2018), the City shall authorize Consultantto provide such
extended Services by issuing a separate Consultant Service Order. The Consultant's monthly
fee shall be based on the approved billing rates set forth in Schedule B, and the specific Services
and staffing required by the City during such extended period (as determined by the Project
Coordinator).
6.11 Notwithstanding any provision herein to the contrary, the City's obligations under this
Agreement shall be subject to and contingent upon the City's obtaining the full amount of all
financing or other funding that the City may require for the Project and/or for payment of the
Consultant's Services. ln the event this contingency is not satisfied and City does not obtain the
necessary financing or sufficient funding to proceed with any portion of the Project and/or
Consultant's Services, City shall notify Consultant in writing, and this Agreement shall be null and
void and City shall have no further obligations under this Agreement, other than to compensate
Consultant for work performed satisfactorily under any previously authorized Consultant Service
Order. Except as set forth herein, Consultant hereby waives any other rights or remedies at law
or in equity with regard to any matter arising out of this Agreement.
ARTICLE 7. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
All books, records (whether financial or otherurise), conespondence, technical documents, and
any other records or documents related to the Services and/or Project will be available for
examination and audit by the City Manager, or his/her authorized representatives, at
Consultant's office (at the address designated in Article 13, during customary business hours
upon reasonable prior written notice. All such records shall be kept at least for a period of three
(3) years after Consultant's completion of the Services. lncomplete or incorrect entries in such
records and accounts relating personnel services and expenses may be grounds for City's
disallowance of any fees or expenses based upon such entries. Consultant shall also bind its
sub-consultants to the requirements of this Article and confirm compliance therewith.
8.1
ARTICLE 8. OWNERSHIP OF PROJECT DOCUMENTS
All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party and
licensed to the Consultant for use and reproduction, shall become the property of the City.
Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of the Services (or within thirty (30) days of expiration or earlier termination of this
Agreement as the case may be). However, the City may grant an exclusive license of the
copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof
as authorized by the City Manager in advance and in writing, ln addition, the Consultant shall not
disclose, release, or make available any document to any third party without prior written
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approval from the City Manager. The Consultant shall warrant to the City that it has been
granted a license to use and reproduce any standard details and designs owned by a third party
and used or reproduced by the Consultant in the performance of this Agreement. Nothing
contained herein shall be deemed to exclude any document from Chapter 119, Florida Statutes.
8.2 The Consultant is permitted to reproduce copyrighted material described above subject to
prior written approval of the City Manager.
8.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt
copyrighted material for additional or other work for the City, and payment to the Consultant for
such adaptations will be at Consultant's current rate to adapt the original copyrighted material to
a new site.
8.4 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of
plans and specifications.
ARTICLE 9. TERMINATION OF AGREEMENT
9.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of
its performance in accordance with the terms and conditions of this Agreement. ln the event
there is a lack of adequate funding either for the Services or the Project (or both), the City may
terminate this Agreement without further liability to the City.
9.2 TERMINATION BY CITY FOR CAUSE: The City, through the City Manager, may
terminate this Agreement for cause, upon written notice to Consultant, in the event that the
Consultant (1) violates any provision of this Agreement or performs same in bad faith; (2)
unreasonably delays the performance of the Services or any portion thereof; or (3) does not
perform the Services or any portion thereof in a timely and satisfactory manner, including but not
limited to providing any of the staffing outlined in Schedule B. ln the case of termination for cause
by the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
9.2.1 ln the event this Agreement is terminated for cause by the City, the City, at its sole
option and discretion, may take over the remaining Services and complete them by
contracting with another consultant(s), or othenvise. The Consultant shall be liable to the
City for any additional cost(s) incurred by the City due to such termination. "Additional
Cost" is defined as the difference between the actual cost of completion of the Services,
and the cost of completion of such Services had the Agreement not been terminated.
9.2.2 ln the event of termination for cause by the City, the City shall only be obligated
to pay Consultant for those Services satisfactorily performed and accepted prior to the
date of termination (as such date is set forth in, or can be calculated from, the City's initial
written default notice). Upon payment of any amount which may be due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant.
9.2.3 As a condition precedent to release of any payment which may be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
to the Project Coordinator any and all Project documents prepared (or caused to be
prepared) by Consultant(including, without limitation, those referenced in subsection 9.1
hereof). The City shall not be responsible for any cost incurred by Consultant for
assembly, copy, and/or delivery of Project documents pursuant to this subsection.
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9.3 TERMINATION BY CITY FOR CONVENIENGE: ln addition to the City's right to
terminate for cause, the City through the City Manager, may also terminate this Agreement, upon
fourteen (14) days prior written notice to Consultant, for convenience, without cause, and without
penalty, when (in its sole discretion) it deems such termination to be in the best interest of the
City. ln the event the City terminates the Agreement for convenience, Consultant shall be
compensated for all Services satisfactorily performed and accepted up to the termination date
(as set forth in the City's written notice), for Consultant's costs in assembly and delivery to the
Project Coordinator of the Project documents (referenced in subsection 10.2.3 above), and for
any reasonable demobilization costs and expenses incurred by the Consultant. Upon payment
of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have
no further liability to Consultant.
9.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or any
portion thereof. ln the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination,
and for Consultant's costs in assembly and delivery to the Project Coordinator of the Project
documents and any reasonable demobilization costs and expenses incurred by Consultant;
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initialwritten notice).
9.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
9.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for
cause or for convenience), the Consultant shall immediately, upon receipt of the City's written
notice of termination: (1) stop the performance of Services; (2) place no further orders or issue
any other subcontracts, except for those which may have already been approved, in writing, by
the Project Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly
assemble all Project documents (for delivery to the Project Coordinator).
ARTICLE 10. INSURANCE
10.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the Project
Coordinator:
10.1.1.Worker's Compensation and Employers' Liability lnsurance as required by
Chapter 440 of the Florida Statutes.
10.1.2. Commercial General Liability on a comprehensive basis, including Premises and
Operations, Personal lnjury/Advertising lnjury, Contractual Liability and
Products/Completed Operations, in an amount not less than $1,000,000 combined
single limit per occurrence, for bodily injury and property damage. The general
aggregate limit, if any, must be maintained for the duration of this agreement. The
Consultant shall name the City of Miami Beach as an Additional lnsured with respect to
this coverage.
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10.1.3.Automobile Liability covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit
per occurrence for bodily injury and property damage.
10.1.4. Professional Liability (Errors and Omissions) lnsurance, including wrongful acts,
errors, and/or omissions, for damage sustained by reason of or in the course of
operations under this contract, in an amount not less than $5,000,000 with the
deductible per claim, if any, not to exceed 10% of the limit of liability. The Professional
Liability policy/coverage shall be amended, if necessary, to include the following:
. Description of operations on the declaration describing the scope of your
professional services shall include all aspects of the services performed
under this contract, including events arising out of your operations or any
q ualified sub-consu ltants and sub-tier consultants.. Coverage for claims alleging improper supervision of sub-consultants and
subtier consultants.. Deletion of any exclusions pertaining to design/build liability.o Coverage shall apply for three (3) years after Project is complete.
10.2. Certificates will include endorsements confirming cancellation or non-renewal of insurance
shall be provided within (30) days advance notice to the certificate holder. The endorsements are to
be signed by a person authorized by that lnsurer to bind coverage on its behalf. The Consultant shall
provide access to review complete copies of all required insurance policies at Consultant's
headquarters, including endorsements effecting coverage, upon five (5) days written notice from the
City.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
RISK MANAGEMENT, 3rd FLOOR
MIAMI BEACH, FL 33139
10.3. Compliance with the foregoing requirements shall not relieve the Consultant of his liability and
obligation under this section or under any other section of this agreement.
10.4. The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage.
10.5. All insurance policies required above shall be issued by companies authorized to do business
under the laws of the State of Florida. lnsurance is to be placed with insurers with a current A.M. Best
Rating of no less than A:Vll, unless otherwise acceptable to the City's Risk Manager.
10.6. The Consultant agrees to waive subrogation which any insurer of Consultant may acquire
from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation.
10.7. Consultant shall provide the Project Coordinator with a certificate of insurance of all
required insurance policies. The City reserves the right to review a certified copy of such policies,
at Consultant's corporate headquarters upon five (5) days written request to Consultant.
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ARTIGLE 11. INDEMNIFICATION AND HOLD HARMLESS
11.1 Consultant shall indemnify, defend and hold harmless the City and its officers,
employees, agents, and instrumentalities, from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys' fees, but only to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or
utilized by the Consultant in the performance of this Agreement and/or in the performance of any
Consultant Service Order issued by the City to Consultant pursuant to this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where
applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable
attorney's fees with counsel approved by Consultant's insurance carrier which may issue
thereon. Consultant expressly understands and agrees that any insurance protection required
by this Agreement (or othenruise provided by Consultant) shall in no way limit its responsibility to
indemnify, keep, and save harmless and defend the City or its officers, employees, agents, and
instrumentalities as herein provided.
11.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible
for any claims which may result from any negligent, reckless, or intentionally wrongful actions,
errors or omissions of the Consultant in which the City participated either through review or
concurrence of the Consultant's actions. ln reviewing, approving or rejecting any submissions by
the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 12. LIMITATION OF LIABILITY
12.1 The City desires to enter into this Agreement only if in so doing the City can place a limit
on its liability for any cause of action for money damages due to an alleged breach by the City of
this Agreement, so that its liability for any such breach never exceeds $10,000. Consultant
hereby expresses its willingness to enter into this Agreement, with Consultant's recovery from
the City for any damages for action for breach of contract to be limited to $10,000. Accordingly,
and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees
that the City shall not be liable to Consultant for money damages due to an alleged breach by the
City of this Agreement, in an amount in excess $10,000. The $10,000 limit is in addition to any
amounts due to Consultant for outstanding invoices or services performed.
12.2 Nothing contained in this subsection, or elsewhere in this Agreement, is in any way
intended to be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28,
Florida Statutes.
LITIGATION AS A NON-PARTY. lf Consultant is brought into litigation on this project or in
connection with this Agreement as a non-party through (for example) a subpoena for records,
deposition request, court directive or othenarise and the City is a party for which the Consultant
has no duty of indemnification, the City will pay reasonable costs incurred by Consultant, as may
be mutually agreed-upon and specified in a Consultant Service Order, in compliance with any
subpoena, deposition, court directive or otherwise including, but not limited to, document and
records reproduction costs, search and review time, preparation time, appearance time, legal
fees incurred, travel and other expenses, at all employees' regular billing rate at the time these
costs are incurred and any other third party costs incurred.
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ARTICLE 13. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Maria Hernandez, Project Director, Convention Center District
All written notices given to the Consultant from the City shall be addressed to:
Hill lnternational, lnc.
601 Brickell Key Drive
Suite 600
Miami, FL 33131
Attn: Eladio Castrodad, PE, PMP, Vice President
With copy to:
Hill lnternational, lnc.
303 Lippincott Centre
Marlton, NJ 08053
Attn: William Dengler, Jr., Senior Vice President and General Counsel
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 1 5. MISCELLANEOUS PROVISIONS
14.1 VENUE: 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 principles of conflict
of laws. The exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade
County, Florida, if in state court, and the U.S. District Court, Southern District of Florida, in
fedeTal couTt. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
14.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, national origin, religion, sex, gender identity, sexual orientation,
disability, marital or familial status, or age, and will take affirmative steps to confirm that
applicants are employed and employees are treated during employment without regard to race,
color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial
status, or age.
14.3 PUBLIC ENTIW CRIMES ACT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
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contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not bid on leases of real
property to the City, may not be awarded or perform work as a contractor, supplier,
subcontractor, or subconsultant under a contract with the City, and may not transact business
with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
Category Two, for a period of 36 months from the date of being placed on the convicted vendor
list. For violation of this subsection by Consultant, City shall have the right to terminate the
Agreement without any liability to City, and pursue debarment of Consultant
14.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from
the award or making of this Agreement. For the breach or violation of this subsection, City shall
have the right to terminate the Agreement, without any liability or, at its discretion, to deduct from
the contract price (or othenruise recover) the full amount of such fee, commission, percentage,
gift, or consideration.
14.5 LAWS AND REGULATIONS:
14.5.1 The Consultant shall, during the Term of this Agreement, be governed by
Federal, State, Miami-Dade County, and City laws, ordinances, and codes which may
have a bearing on the Services involved in the Project.
14.5.2 ProiectDocuments. ln accordance with Section 119.07 (3) (ee), Florida
Statutes, entitled "lnspection, Examination, and Duplication of Records; Exemptions," all
building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary,
and final formats, are exempt from the provisions of Section 119.07(1), Florida Statutes
(inspection and copying of public records), and s. 24(a), Article I of the State
Constitution. lnformation made exempt by this paragraph, with prior written approval
from the City Manager, may be disclosed to another entity to perform its duties and
responsibilities; to a licensed architect, engineer, or contractor who is performing work on
or related to the Project; or upon a showing of good cause before a court of competent
jurisdiction. The entities or persons receiving such information shall maintain the exempt
status of the information.
14.5.2.1 ln addition to the requirements in this subsection 16.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City procedures,
as may be amended from time to time, by which the documents are handled,
copied, and distributed which may include, but is not limited to, each employee of
Consultant and sub-consultants that will be involved in the Project being required
to sign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
14.5.2.2 The Consultant and its sub-consultants agree in writing that the Project
documents are to be kept and maintained in a secure location.
14.4.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
14.5.2.4 A log is developed to track each set of documents logging in the date,
time, and name of the individual(s) that work on or view the documents.
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14.6. FORCE MAJEURE. Neither party is responsible for any failure to perform its obligations
under this Agreement, if it is prevented or delayed in performing those obligations by an event of
Force Majeure. The party prevented from or delayed in performing its obligations as a result of a
Force Majeure (the "Affected Party") must immediately notify the other party of the Force
Majeure event and the reasons preventing or delaying the performance of its obligations
hereunder. The Affected Party must use its reasonable efforts to mitigate any impacts on its
performance. The Affected Party must as soon as reasonably practicable recommence the
performance of its obligations once the event of Force Majeure has passed. A Force Majeure
event shall not relieve a party from liability for an obligation which arose before the occurrence of
that event, nor does that event affect the obligation to pay money in a timely manner which
matured prior to the occurrence of that event. Consultant shall have no entitlement to, and City
shall have no liability for, any costs, losses, expenses, damages relating to any Force Majeure
event, or for the payment of fees during an event of Force Majeure.
14.7 WARRANW: The Consultant warrants that the Services furnished to the City under this
Agreement and under any Consultant Service Order issued by the City to Consultant shall
conform to the quality expected of and usually provided by the profession in the State of Florida
applicable to the design and construction of public and commercial facilities.
14.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive Agreement,
the City is not precluded from retaining or utilizing any other architect, engineer, design
professional or other consultant to perform any incidental Basic Services, Additional Services, or
other professional services within the contract limits defined in the Agreement. The Consultant
shall have no claim against the City as a result of the City electing to retain or utilize such other
architect, engineer, design professional, or other consultant to perform any such incidental
Services.
14.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to
any other person, firm, association or corporation, in whole or in part, without the prior written
consent of the City Commission, which consent, if given at all, shall be at the Commission's sole
option and discretion. However, the Consultant will be permitted to cause portions of the
Services to be performed by sub-consultants, subject to the prior written approval of the City
Manager. Any purported assignment, transfer or conveyance of this Agreement in violation of
this provision shall be void.
14.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
14.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
necessary to complete said Services.
14,12 INTENT OF AGREEMENT:
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14.12.1 The intent of the Agreement is for the Consultant to provide design and
construction monitoring/management services, and to include all necessary items for the
proper completion of such services for a fully functional Project which, when constructed
in accordance with the design, will be able to be used by the City for its intended purpose.
The primary role of the Owner's Representative will be to confirm that the City receives a
renovation and expansion consistent with the Design Criteria Package and the Contract
Documents in a timely manner for the agreed upon price. The Consultant shall perform,
as Basic Services, such incidental work which may not be specifically referenced, as
necessary to complete the Project.
14.12.2 This Agreement is for the benefit of the parties only and it does not grant rights
to a third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property
damage pursuant to the terms or provisions of the Agreement.
14.12.3 No acceptance, order, payment, or certificate of or by the City, or its
employees or agents, shall either stop the City from asserting any rights or operate as a
waiver of any provisions hereof or of any power or right herein reserved to the City or of
any rights to damages herein provided.
14.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein; and
the parties agree that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document. Accordingly, the
parties agree that no deviation from the terms hereof shall be predicated upon any prior
representations or agreements whether oral or written. lt is further agreed that no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of equal
dignity herewith.
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
City Clerk Mayor
CONSULTANT:
Eladio Castrodad, PE, PMPA/ice President
Print Name/Title
Stuart S. Richter/Senior Vice President
Print Name/Title
oWNER,SREPRESENTATlVESERVlCES-MlAMlBEACH"o,u,=*,,3,lcENTERRENoVATloN,.*,o*.,ffi(- e FoR EXECUTION,)_l Ul^ t\tz|pry9
-
Attest
Signature
Clty Allorney $e
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SCHEDULE A
SCOPE OF BASIC SERVICES
The Project will be overseen by the City's dedicated Project Coordinator, augmented by the Owner's
Representative team. The City and Owner's Representative will be assisted by a dedicated on-site
architect from the Design Criteria Professional team. The primary role of the Owner's Representative
will be to confirm that the City receives completed Project consistent with the Design Criteria Package
and in accordance with the Contract Documents, in a timely manner for the agreed upon price. The
Design-Builder will be responsible for managing the Project and the Owner's Representative and its
dedicated on-site staff will monitor the Design-Builder's performance.
The Basic Services for the Consultant shall include, but not be limited to, the following Services:
PART 1 - ADMINISTRATION OF THE PRE.CONSTRUCTION PHASE
Simultaneously with the execution of this Agreement, the City shall issue a Consultant Service Order for
the pre-construction phase of the Project, which shall cover the Services required of Consultant through
the execution of the Design-Build Contract, which the City anticipates shall take place on or about May-
June, 2015. The Services during this phase shall include, but shall not be limited to, the following:
1.1 Proiect Records. The consultant shall implement and use the City's e-BuilderrM system for data
warehousing and document management, and shall maintain all pertinent Project records, including a
copy of the Construction Documents and Record Drawings.
1.2 Communications and Coordination. Consultant shall establish lines of communication with the
City, the Design Builder, the Design Criteria Professional, Contractors, and relevant agencies. Overall
project communications and monitoring shall be provided by the Consultant's Project Manager.
1.3 Prooress Meetinqs and Presentations. Consultant shall participate in briefings and progress
meetings relative to the Project, as directed by the City, and shall attend and/or assist in the preparation
of materials for meetings of the City Commission, relevant sub-committees, and any other groups as
directed by the City, including the Design-Builder; the finance team; the legal team; any other group
required to achieve Project completion.
1.4 Communitv Stakeholder lnformation Meetinqs. The Consultant shall be expected to attend,
address residents' concerns, participate, produce meeting minutes, and take a lead role in information
meetings with the City for the Project with residents, community stakeholders and others impacted by
the progress of the Work.
1.5 Desiqn-Builder Proposal Review. ln conjunction with the City, the Project Consultant, and the
Design Criteria Professional, Consultant shall assist with the review and editing of the Phase ll Request
for Proposal (including design criteria package and the template for the Design Build contract) for the
Design-Builder.
1.6 Desion-Builder Pre-Proposal/Q&A. Consultant shall assist with hosting a pre-proposal
conference and answering bidder questions.
1.7 Desion-Builder Prooosal Review. ln conjunction with the Cig, Project Consultant, and Design
Criteria Professional, Consultant shall assist with the technical review of the design-builder submittals,
interviews and recommendations to the City.
1.8 Desiqn-Builder Contractino. ln conjunction with the City and SAG, ,Consultant shall assist with
the negotiation of the Design-Builder's agreement.
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PART 2 - ADMINISTRATION OF THE DESTGN-BUILD PHASE (DEStcN DEVELOPMENT AND
coNSTRUCTTON)
The City intends to assign Services for the Design Build phase of the Project via separate Consultant Service
Orders which correspond to the Notice to Proceed issued for each portion of the Design-Build Phase,
including the Design Development phase which the City anticipates shall take place in 2015 following
execution of the Design-Build Contract, as well as the Construction Phase, which the City anticipates shall
commence on or about December, 2015. The Services during this phase shall include, but shall not be
limited to, the following:
2.1 On-Site Owner's Representative. The Consultant shall serve as the City's on-site representative
of the City at the site, and subject to review by the City or his/her duly authorized representative, shall
have the authority to monitor the performance of the Work to confirm conformance with the Design
Criteria Package and Contract Documents. The Consultant shall assign on-site dedicated staff to
monitor the Design-Builder during construction.
2.2 General Oversiqht. The Consultant shall communicate daily or periodically with the City, the
Project Consultant, the Design Criteria Professional and Design-Builder, as needed. Consultant shall
report on concerns as it relates to the construction effort and activities. The Consultant shall monitor and
verify that the Design-Builder has made the required notifications to the utility owners, residents and
businesses as may be required. Consultant shall monitor the coordination of construction activities with
adjacent construction sections and agencies having jurisdiction.
2.3 Weeklv Construction Proqress Meetinqs. The Consultant shall attend, participate and take a lead
role in weekly construction project meetings with the City, Project Consultant, Design Criteria
Professional and Design-Builder on the Project. These meetings shall serve as forums to review the
status of construction progress, discuss construction issues, discuss schedule and/or cost concerns,
discuss potential changes or conflicts, review the status of shop drawing submittals and Construction
Document clarifications and interpretations, and to resolve problems before they become critical.
2.4 Presentations/Meetinqs. Consultant shall participate and assist in the preparation of materials
for meetings of the City Commission and/or committees thereof, or meetings any other groups, as
directed by the City. Consultant shall participate in Project meetings, including meetings with City, the
City Commission and/or committees thereof; the Design-Build team and their consultants; the finance
team; the legal team; or meetings with any other group involved in the Project.
2.5 Field Observations. The Consultant shall conduct field observations on a daily basis throughout
the duration of construction and document, with photographs, a daily report of the conditions and
progress of the Work and conformance to the Design Criteria Package and Contract Documents. The
Consultant shall be present at the construction site daily during the construction phase of the Project
and shall be expected to be available, as needed, throughout the Contractor's work day.
2.6 Dailv Reoorts. The Consultant shall prepare daily reports, on the same date as construction
occurs, to record the daily performance of the Design-Builder as well as other significant construction
related matters. Daily reports shall be uploaded by the Consultant to e--BuilderrM, the City's document
management system. At the end of each week, the Consultant shall fonruard the original daily reports to
the City for review. The Consultant shall maintain and file paper copies of the daily reports onsite for
reference. The daily reports shall include records of when the Design-Builder is on the job-site, general
field observations, damage to any existing facilities, weather conditions, change orders, changed
conditions, list of job site visitors, daily drilling and testing activities, testing results, testing observations,
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and records of the outcome of tests and inspections. At a minimum the daily reports shall contain the
following information:
. Weather and general site conditions. Design-Builder's work force counts by category and hours worked. Description of Work performed including location. Equipment utilized. Names of visitors to the jobsite and reason for the visit. Tests made and results. Construction difficulties encountered and remedial measures taken. Significant delays encountered and apparent reasons why. Description of (potential) disputes between the Contractor and City. Description of (potential) disputes between the Contractor and residents. Summary of additional directions that may have been given to the Contractor. Detailed record of materials, equipment and labor used in connection with extra work,
or where there is reason to suspect that a claim or request for Change Order may be
submitted by the Design-Builder. Summary of any substantive discussions held with the Design-Builder and/or City
' Summary of nonconforming work referenced to corresponding Non-Compliance Notice. A log of photographs taken
2.7 Weeklv Reports. Consultant shall prepare weekly meeting minutes of Progress Meetings and a
weekly report that describes the construction activities, progress, incidents and issues that have
occurred on the construction site. Consultant shall distribute the weekly report to all meeting attendees,
review the two week look ahead provided by the Design-Builder and provide comments or objections to
written statements within the specified timeframes.
2.8 Monthlv Reports. Prepare monthly reports regarding the status of the Project that incorporate
design status, schedule, budget, approval status, and any other pertinent data points.
2.9 Photoqraphic Record. Consultant shall provide a photographic record of the overall progress of
construction, beginning with preconstruction documentation, following with on-going construction
documentation, and ending with post-construction documentation. Photographs shall be digital snapshot
type taken to define the progress of the project and shall be filed electronically by month in e-
BuilderrM,the City's document management system, labeled by date, time and location. The Consultant
shall upload all photos to the e-BuilderrM document management system on a weekly basis.
2.10 Adherence to Desiqn Criteria Packaqe and Contract Documents. Consultant shall take the lead
in the scheduling of on-going, weekly construction meetings and monitor on-site progress to confirm
adherence to the Design Criteria Package and Contract Documents.
2.10.1 ln conjunction with the on-site Design Criteria Professional, Consultant shall monitor the
development of the Construction Documents to confirm the intent of the Design Criteria Package
and Contract Documents are incorporated into the Construction Documents. Consultant shall
report any deviations in the Construction Documents to the City and shall make
recommendations as to any remedial actions that may be necessary.
2.10.2 The Consultant shall review materials and workmanship performed on the Project and
report to the City any deviations from the Construction Documents and/or Design Criteria
Package that may come to the Consultant's attention. Consultant shall assist the City in
determining the acceptability of the Work and materials and, in concert with the Design Criteria
Professional (as necessary), make recommendations to the City to reject items not meeting the
owNER's RE'RESENTATT'E .ERVT.ES - MrAMr BEACH ao*u=*r,o'fl .ENTER RENovATToN & EX'ANSToN
788
requirements of the Construction Documents or Design Criteria Package.
2.10.3 Consultant shall monitor communications and coordination of the Project Work with work
done by, or for, public or private utility companies with respect to the relocation, support,
protection or replacement or installation of utilities in accordance with the Design Criteria
Package and/or Contract Documents, and shall keep the City informed of the progress of utility-
related activities and Work.
2.11 LEED lnitiatives. Consultant shall monitor the Design-Builder's implementation of the agreed-
upon LEED initiatives and certification process.
2.12 Entitlements/Permits. Consultant shall monitor the Design-Builder's application and approval of
entitlements and permits, reporting on schedule impacts and facilitating where appropriate.
2.13 Schedule. Consultant shall analyze and continually monitor the Design-Builder's schedule(s) (i.e.
baseline(s), revised baseline(s), updates, as-built, etc.) to confirm the Design-Builder's adherence to the
schedule in compliance with the Contract Documents. The Design-Builder will be required to submit a
detailed schedule to the Consultant at the pre-construction meeting. This schedule will be reviewed and
approved by the Consultant and the City. This schedule will be updated on a bi-weekly basis by the
Design-Builder; however, the Consultant will be responsible for reviewing the Design-Builder's schedule
to confirm accuracy of the work activities completed Consultant shall provide a written review of the
schedule identifying significant omissions, improbable or unreasonable activity durations, errors in logic,
and any other concerns as detailed in the Contract Documents, as well as review of the adequacy of the
Contractor's personnel and equipment and the availability of necessary materials and supplies.
2.13.1 ln the event of delays impacting the critical path schedule, Consultant shall make
recommendations for corrective action by Design-Builder.
2.13.2 Analysis of the Design-Builder's schedule will be on the basis of planned versus actual
costs for the month and construction contract to date. Consultant shall verify that the Design-
Builder is uploading the approved schedule and schedule updates to the City's e-BuilderrM
document management system.
2.14 Event Schedulinq. Consultant shall also act as the primary liaison between the convention
center manager and Design-Builder to confirm scheduled events are accommodated and that the entire
facility is open for required Art Basel dates.
2.15 Deliverv of Unacceoted Materials to Jobsite. As new materials are delivered to the jobsite, the
Consultant shall check the material's certifications and samples and verify that an approved shop
drawing was submitted for the material in question. lf it is determined that a submittal has not been
approved, the Consultant shall immediately notify the City and issue a Non-Compliance Notice. In
conjunction with the Design Criteria Professional (as necessary), the Consultant shall direct and
supervise the sampling and testing of materials to be performed by the City's independent testing
laboratory. The Consultant shall maintain test report logs which shall be submitted to the City for review
on a monthly basis and uploaded to e-BuilderrM, the City's document management system on a weekly
basis.
2.16 Shop Drawino Submittals. The Consultant will receive, log and distribute shop drawings to the
Design Criteria Professional for their review. ln conjunction with the Design Criteria Professional,
Consultant shall review approved shop drawings and product approvals for conformance to the Design
Criteria Package and Contract Documents, and for Consultant's familiarity prior to delivery of materials.
Consultant shall verify that Design-Builder is maintaining a submittal log, conducting timely submittals,
and uploading approved shop drawings to the City's e-BuilderrM document management system.
25
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
789
2.17 lssuance of Non-compliance Notices. The Consultant shall be responsible for notifying the City
when they become aware of a condition that is believed to be in non-compliance with Construction
Documents or Design Criteria Package and/or anytime the Consultant notices a potential construction
problem or a condition that could result in non-complying materials, equipment or workmanship. Non-
compliance Notices shall include a description of the Work that does not meet the construction contract
requirements, along with a required timetable for corrective work to be implemented by the Contractor.
Other items that should be included in the Notice include a reference to the provision of the Construction
Documents that has been violated. Consultant should also develop a procedure with the Design-Builder
for advising the Design-Builder of potential construction problems, errors, or deficiencies that can be
promptly resolved and do not warrant a Non-compliance Notice.
2.18 Requests for lnformation/Construction Document Clarification (RFls/CDCs). ln conjunction with
the Design Criteria Professional, the Consultant will receive, log and process all RFls and CDCs. When
RFls and CDCs involve design issue interpretations, the Consultant shall coordinate with the Design
Criteria Professional, as needed, to resolve the RFls, CDCs, Field Orders, and other related
correspondence. The Consultant shall be also be responsible for verifying that the Design Criteria
Professional is providing a written response to RFls and CDCs in a timely manner and for processing,
logging, and distributing all RFls/CDCs and responses thereto. Consultant shall upload all RFI and CDC
responses to e-BuilderrM, the City's document management system.
2.19 Chanqe Orders. The Consultant will manage the change order review process and receive, log
and review all requests for project cost and/or schedule changes from the Design-Builder. The
Consultant will also fonruard the request to the Design Criteria Professional, who shall provide a written
opinion as to the merit and value of the request. Consultant shall perform an independent review of the
changes and provide a written statement noting recommendation for approval or denial of the Change
Order to the City. lf recommended for approval, the Consultant will note if the requested cost and
schedule impacts are fair and reasonable. The Consultant will be responsible for maintaining a Change
Order log and uploading approved Change Orders to the City's e-BuilderrM document management
system. The Consultant shall also participate in change request review meetings with City and Design-
Builder to resolve and/or negotiate the equitable resolution of request. The Consultant shall prepare
draft response correspondence for the City to use in responding to Design-Builder requests, including
the City's replies to formal complaints and disputed items of work.
2.20 Pav Requisitions. Consultant shall review and verify Contractor's pay requisition quantities and
make appropriate recommendations regarding all pay requisition quantities in the field. Consultant shall
be responsible for reviewing with the Contractor the monthly payment requisition to confirm the status of
completed and uncompleted Work and stored materials. The Consultant shall advise the City of
quantities being approved for subsequent concurrence for payment purposes. Payment Requisitions
shall only be submitted to the City for its review and approval.
2.21 Aoolication of Pavments. Consultant shall prepare, for City's approval, procedures for the review
and processing of applications for payment by the Design-Builder, review applications for payment by
Design-Builder, and make recommendations to City concerning payment.
2.22 lnventorv. The Consultant shall monitor the inventory of all the spare parts required, received,
and their place of storage.
2.23 Equioment Tests and Svstems Start-up. Consultant shall be responsible for coordinating various
tests for quality control on the projects; verifying that equipment tests and systems start-up are
conducted in the presence of appropriate personnel; and that the Design-Builder is maintaining
adequate records thereof. Consultant shall observe, record, and report appropriate details relative to the
owNER's RE'RESENTAT,E .ERVT.ES - M,AMr BEACH
"o,rua*r,3[
.ENTER RENovATToN & EX,ANST.N
790
test procedures and start-up.
2.24 Desiqn-Builder Request for Services. When the Contractor requires services from the City for
issues such as water main shutdowns, tie-ins to existing water mains, special regulatory inspections,
etc., a request shall be made in writing by the Design-Builder, and forurrarded by the Consultant to the
City, a minimum of three working days prior to when required.
PART 3: PROJECTCLOSE OUT PHASE
3.1. Proiect Start Up. Togetherwith the Design-Builder and the City, Consultant shall monitor and
observe the testing and start-up and turn-over of all utilities, systems and equipment.
3.2. Punch List. Consultant shall coordinate with the Design-Builder to determine the date of
substantial completion. At substantial completion by the Design-Builder, monitor the design-builder in
the inspection of the Project and preparation of a detailed "punch list" specifying any items which require
completion, installation or repair.
3.3. Warranties. Consultant shall confirm the delivery by Design-Builder to the City the guaranties,
warranties, certifications, releases, affidavits, bonds, manuals, insurance certificates and other items
required by the Contract Documents.
3.4. Proiect Documentation. Consultant shall coordinate the submittal of all Project documentation
including files, records, drawings, submittals, samples, and other information to the City in an organized
and usable form.
3.5 Record Drawinqs. Consultant shall monitor that record drawing mark-ups are properly
maintained by the Design-Builder. At a minimum, Consultant shall review the record drawing mark-ups
once per month, or more often, if deemed necessary by the City. Design-Builder's failure to maintain the
record drawings, including as-builts, in upto-date condition may be deemed grounds for withholding
Design-Builder's monthly payment requisitions until such time as the record drawings are brought up-to-
date. The Consultant shall notify the City if it considers the mark-up documents insufficient. The City
shall make final determinations regarding payment withholding.
3.6. Substantial Completion. When the Design-Builder considers that the Work has reached
Substantial Completion, the Design-Builder shall notify the Consultant who shall verify that the work has
progressed to the substantial completion point in accordance the Construction Documents. lf the
Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting
a substantial completion "walk-through" inspection of the Work. Consultant shall attend and participate in
the substantial completion "walk-through", perform a substantial completion inspection with the Design-
Builder, Design Criteria Professional and the City, and prepare a master punch list that describes items
remaining to be completed. This master punch list shall be attached to the certificate of substantial
completion.
3.7. Final Completion and Proiect Closeout. When the Design-Builder considers that the Work has
reached Final Completion, the Design-Builder shall notify the Consultant who shall verify that the work
has progressed to the Final Completion point in accordance the Construction Documents. lf the
Consultant is in agreement, the Consultant shall contact the City to agree on a schedule for conducting
a Final Completion "walk-through" inspection of the Work. Consultant shall attend and participate in the
Final Completion "walk-through" and perform a Final Completion inspection with the Design-Builder,
Design Criteria Professional and the City. lf the work is determined to be incomplete, Consultant and
other attendees shall each develop a punch list of items requiring completion or correction prior to
consideration of final acceptance of each project which shall be fonararded to the Design-Builder by the
owNER's RE,RESENTATT'E .ERVT.ES - M,AMr BEACH
"o*ua*r,3l.ENTER
RENovAroN & EXpANsroN
791
Consultant for the Project. Consultant shall complete all necessary close-out and construction
completion forms and documentation in coordination with the City for the Project. The Consultant shall
work with the Design Criteria Professional and the Design-Builder, as necessary to ascertain materials
required for the closeout binder, as required by the City, and review the Operation and Maintenance
manuals for each project for completeness prior to forurarding documentation to the City. Once all
parties determine the work is complete and the Design-Builder has delivered all close-out
documentation to the City, the Consultant shall prepare a Final Certificate for Payment. The Consultant
shall be responsible for providing final certifications based on the entire scope of work for the Project.
3.8. 1O-Month lnspection. Consultant shall participate in a warranty inspection ten months following
completion of the Project with the Design-Builder, the Design Criteria Professional and City.
28
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
792
SCHEDULE A-1
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND
HILL INTERNATIONAL, INC.
CONSULTANT SERVICE ORDER
Project Name and No:
Service Order No. for Consulting Services.
TO:
Miami, Florida 331_
DATE:
Pursuant to the Agreement between the City of Miami Beach and Consultant for OWNER's
REPRESENTATIVE SERVICES FOR THE MIAMI BEACH CONVENTION CENTER
RENOVATION AND EXPANSION PROJECT (RFP NO. 2014-278-ME) you are directed to
provide the following Services:
SGOPE OF SERVICES:
Part _ of Schedule A to the Agreement, including as follows:
Time for Completion: From Date of this Service Order through _,201_.
Fee for this Service Order:
(Specify if fee is Lump Sum or other method of compensation, as well as any additional details,
i.e. attach Consultant's monthly pay schedule listing employees)
Project Coordinator Date
29
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
$
793
SCHEDULE B
CONSULTANT COMPENSATION
Insert Consultant hourly rates and fee schedule]
30
OWNER'S REPRESENTATIVE SERVICES _ MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
794
SCHEDULE C
INSURANCE REQUlREMENTS AND SWORN AFFIDAVITS.
See Attached
31
OWNER'S REPRESENTATIVE SERVICES - MIAMI BEACH CONVENTION CENTER RENOVATION & EXPANSION
795
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796
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Urging The Board
Of County Commissioners For Miami-Dade County, Florida To Enhance Efficiencies ln Water And Sewer
To Prevent Water And Sewer Rate lncreases.
Supporting Data (Surveys, Environmental Scan, etc.):
lntended
AGENDA ITEfiJl R7 &
Item Summarv/Recommendation:
Pursuant to the request of Commission Micky Steinberg, a resolution was requested, urging Miami-Dade
County (County) to find efficiencies in its water and sewer system, in order to prevent future rate
increases.
The following request relates to Ordinance No. 2014-3898 that was adopted at the September 30,2014
Commission meeting, amending Chapter 110 of the Miami Beach City Code 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 increase the water rates and
sanitary sewer service charges imposed by the City pursuant to Sections 110-166 and 110-168; providing
for codification, repealer, severability.
BACKGROUND
The City's utility rates are structured to collect the necessary revenues to meet operating and
maintenance costs of the water and sewer infrastructure, to cover debt service for water and sewer
bonds, to maintain adequate operating fund reserves, and, to pay Miami-Dade County for wholesale
water purchased, the treatment of the City's sewage, and other fees.
Miami-Dade County has raised wholesale water and/or sewer rates 3 of last 4 years. ln each instance the
City has evaluated County rate increase and has either passed through same to its customers or
subsidized the increase. The County rate increases has a direct bearing on the cost of providing services
to our residents and businesses. The Commission directed the Administration to draft a Resolution
requesting County to enhance efficiencies.
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI
2
Total
litv Clerk's Office Leo ve
Eric Carpenter, ext: 6012
Deoartment Director 146$htant City Manaser N City Manaqer
Erc Qt Mr[-Ifi$JLM)li
1 SUMM 2014-1 1-1g.docx
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Clty ol Mioml Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members offthe City
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE BOARD OF GOMMISSIONS FOR MIAMI.
DADE COUNTY, FLORIDA TO ENHANCE EFFICIENCIES IN WATER AND SEWER
SYSTEMS TO PREVENT WATER AND SEWER RATE INGREASES.
Pursuant to the request of Commission Micky Steinberg, a resolution was requested, urging
Miami-Dade County (County) to find efficiencies in its water and sewer system, in order to
prevent future rate increases.
The following request relates to Ordinance No. 2014-3898 that was adopted at the September
30,2014 Commission meeting, arpending Chapter 110 of the Miami Beach City Code 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 increase the water rates and sanitary sewer service charges imposed by the City
pursuant to Sections 1 10-166 and 1 10-168; providing for codification, repealer, severability.
BACKGROUND
The City's utility rates are structured to collect the necessary revenues to meet operating and
maintenance costs of the water and sewer infrastructure, to cover debt service for water and
sewer bonds, to maintain adequate operating fund reserves, and, to pay Miami-Dade County for
wholesale water purchased, the treatment of the City's sewage, and other fees.
Miami-Dade County has raised wholesale water and/or sewer rates 3 of last 4 years. ln each
instance the City has evaluated County rate increase and has either passed through same to its
customers or subsidized the increase. The County rate increases has a direct bearing on the
cost of providing services to our residents and businesses. The Commission directed the
Administration to draft a Resolution requesting County to enhance efficiencies.
JLM/Mr/#/FRS
T:\iAGENDAUoI 4\NovembeAPU BLIC WORKS\Commissioner Steinberg. memo.docx
798
RESOLUTION TO BE SUBMITTED
799
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800
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The
Administration to Ballot The Adjacent Homeowners Regarding The Recommendation Of The Pine
Tree/La Gorce Homeowners Association And The Miami-Dade County Traffic Division, To Convert La
Gorce Drive And Pine Tree Drive, from 51"t Street To 63'd Street To Two-Way Facilities; And
lncorporatinq A Traffic Circle At The 51" Street lntersection.
Supporting Data (Surveys, Environmental Scan, etc.):
COMMISSION ITEM SUMMARY
lntended Outcome
Item Summary/Recommendation:
Members of the La Gorce/Pine Tree Homeowners Association have requested the assistance of the
Public Works Department in implementing a long term solution to speeding vehicles along La Gorce and
Pine Tree Drive, from 51't Street to 63'd Street. There has been several traffic accidents reported,
including pet fatalities, as a result of speeding. While the Public Works Department has been repairing
and replacing damaged speed cushions, a long term solution to improve safety and livability along the
corridor is necessary.
A proposed long term solution would be a two way conversion of Pine Tree Drive and La Gorce Drive,
from 51't Streetlo 63'd Street. The Administration ii working with the Miami-Dade County Traffic Division
to expedite the design and construction schedule for the project. Drawings of the proposed two way
conversion and intersection improvements are attached.
The Administration is requesting permission to ballot the neighborhood to gauge support as the County
will not proceed without support of the City and/or effected property owners.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
Financial lnformation:
Eric Ca , ext: 6012
AGENDA ITEM(s MIAMIBEACH D^rE lF q- I q801
g MIAMI BEACH
City of Miomi Beoch, 1700 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
ISSION MEMORANDUM
TO:Mayor Philip Levine and Members of fhe City tsston
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBIECT:A RESOLUTION OF THE MAYOR'AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE ADMINISTRATION TO BALLOT
THE ADJACENT HOMOWNERS REGARDING THE RECOMMENDATION OF THE
PINE TREE/LA GORCE HOMEOWNERS ASSOCIATION AND THE MIAMI.DADE
COUNTY TRAFFIC DIVISION, TO CONVERT LA GORCE DRIVE AND PINE TREE
DRIVE, FROM 51sr STREET TO 63RD STREET TO TWO-WAY FACILITIES; AND
INCORPORATTNG A TRAFFIC CIRCLE AT THE 51ST STREET INTERSECTION.
BACKGROUND
Members of the La Gorce/Pine Tree Homeowners Association have requested the assistance of
the Public Works Department in implementing a long term solution to speeding vehicles along
La Gorce and Pine Tree Drive, from 51't Street to 63'd Street. There has been several traffic
accidents reported, including pet fatalities, as a result of speeding. While the Public Works
Department has been repairing and replacing damaged speed cushions, a long term solution to
improve safety and livability along the corridor is necessary.
A proposed long term solution would be a two way conversion of Pine Tree Drive and La Gorce
Drive, from 51't Street to 63'd Street. The Administration is working with the Miami-Dade County
Traffic Division to expedite the design and construction schedule for the project. Drawings of
the proposed two way conversion and intersection improvements are attached.
The Administration is requesting permission to ballot the neighborhood to gauge support as the
County will not proceed without support of the City and/or effected property owners.
CONGLUS!ON
The Administration recommends approving the Resolution.
l-urnuvffirns
T:\AGENDA\201 4\NovembeAPUBLlC WORKS\LaGorce.memo.docx
802
803
804
RESOLUTION TO BE SUBMITTED
805
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806
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Accepting The
Recommendations Of The Finance And Citywide Projects Committee And lmplementing A Strategic Pricing
Pilot Program For The Normandy Shores Golf Club By Offering Reduced Rates During The Period Of
December 1.2014 December 16.2014.
Ensure Expenditure Trends Are Sustainable Over The Long Term
Supporting Data (Surveys, Environmental
Item Summarv/Recommendation :
At the August 29th,2014 Finance and Citywide Projects Committee (FCWPC) 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 (BAC) for more in-depth conversation
with the strategic pricing component being put on a deadline to return to the Finance and Citpride Projects
Committee no later than November.
On November 12, 2014, the BAC's recommendations were presented to FCWPC. Based on the
recommendations of the BAC, the FCWPC unanimously approved to recommend the implementation of a
strategic pricing pilot program at Normandy Shores Golf Course by offering the following discounted
ional rates durinq the of December 1.2014 throuqh December 16, 2014.
The BAC held a discussion at its October 14,2014 meeting, recommending to implement a strategic pricing
plan at the Normandy Shores Golf Course in order to promote additional use of the golf course during slow
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
Total
Financial lmpact Summary:
T:\AGENDA\2014\NovemberlAccept FCWPC Strategic Plan Pricing Pilot Progiam at NSGC -
AcENDA rrer* fl7SMIAMIBEACHD^tE ll-M-lv807
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
e City Co
SUBIECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATIONS
OF THE FINANCE AND CITYVVIDE PROJECTS COMMITTEE AND
IMPLEMENTING A STRATEGIC PRICING PILOT PROGRAM FOR THE
NORMANDY SHORES GOLF CLUB BY OFFERING REDUCED RATES
DURING THE PERIOD OF DECEMBER 1, 2014 THROUGH DECEMBER
16,2014.
BACKGROUND
At the August 29th, 2014 Finance and Citywide Projects Committee (FCWPC) 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 (BAC) 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.
The BAC held a discussion at its October 14,2014 meeting. On November 12, 2014, the
BAC's recommendations were presented to FCWPC. Based on the recommendations of the
BAC, the FCWPC unanimously approved to recommend the implementation of a strategic
pricing pllot program at Normandy Shores Golf Course by offering the following discounted
promotional rates during the course's slowest period of December 1, 2Q14 through December
16,2014:
Posted Rate Promotional Rate
South Florida Resident
WeekdavMeekend After 1 1 am $65 $4e
Weekend $65 $55
Everv Dav After 2om $45 $35
Premier Member
WeekdavMeekend After 1 1 am $54 $45
Weekend $58 $4e
Everv Dav After 2pm $40 $35
Miami Beach Resident
WeekdavMeekend After 1 1 am $50 $3e
Weekend $50 $45
Everv Dav After 2om $35 $30
808
Commission Memorandum - Accept FCWPC Strategic Pricing Pilot Program at NSGC
November 19,2014
Page 2 ol 2
CONCLUSION
Should the City Commission accept the recommendations of the FCWPC, the promotional
reduced rates shall be offered from December 1 , 2014 through December 16, 2014. Once
the period of the pilot program sunsets, the Administration will present further
recommendations to the City Commission on further opportunities to apply strategic rates
during other slow periods throughout the year.
JLM/JMT/WM
T:\AGENDA\2014\November\Accept FCWPC for Strategic Pricing Pilot Program for NSGC - Memo.docx
809
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OFTHE FINANCE AND CITYWIDE PROJECTS COMMITTEE AND
IMPLEMENTING A STRATEGIC PRICING PILOT PROGRAM FOR THE
NORMANDY SHORES GOLF CLUB BY OFFERING REDUCED RATES
DURING THE PERIOD OF DECEMBER 1,2014 THROUGH DECEMBER 16,
2014, AND AUTHORIZING THE CITY ADMINISTRATION TO IMPLEMENT
THE RECOMMENDED STRATEGIC PRICING PILOT PROGRAM.
WHEREAS, at the August 29,2014 Finance and Citywide Projects Committee (FCWPC)
meeting, a discussion took place regarding offering Professional Course Management (ll), LTD
(PCM), the City's manager for the Normandy Shores Golf Club, the flexibility in setting strategic
pricing for the Normandy Shores Golf Club during certain times of the year; and
WHEREAS, the matter was also referred to the Budget Advisory Committee (BAC) for
discussion; and
WHEREAS, the BAC held a discussion at its October 14, 2014 meeting and
recommended the implementation of a strategic pricing pilot program at Normandy Shores Golf
Club; and
WHEREAS, at its regular meeting on November 12, 2014, the FCWPC recommended
that the City Commission implement a strategic pricing pilot program at Normandy Shores Golf
Course, in order to promote the use of the golf course during the slowest period of the season,
by offering the following discounted promotional rates from December 1,2014 through
December 16,2014:
Posted Rate Promotional
Rate
South Florida Resident
WeekdavMeekend After 1 1am $6s $49
Weekend $65 $5s
Everv Dav After 2pm $45 $35
Premier Member
WeekdavMeekend After 1 1am $s4 $4s
Weekend $ss $4e
Every Dav After 2pm $40 $35
MiamiBeach Resident
WeekdavMeekend After 1 lam $s0 $3e
Weekend $50 $45
Everv Dav After 2om $35 $30
WHEREAS, pursuant to the agreement between the City and PCM for the operation and
management of the Normandy Shores Golf Course (the Agreement), golf course fees and
charges, including rates, are subject to approval by the Mayor and City Commission.
810
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 accept the recommendations of the Finance and Citywide Projects Committee at
its November 12,2014, meeting and hereby authorize the City Administration to implement the
strategic pricing pilot program by offering the reduced rates set forth herein at Normandy Shores
Golf Course for the time period of December 1,2014 through December 10, 2014.
PASSED AND ADOPTED this --- _day of.2014.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
ffiffifi#s
811
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812
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And Cig Clerk To
Execute Amendment No. I To The Design-Build Agreement Between The City Of Miami Beach, Florida, And Lanzo Construction
Co., Florida, For Design-Build Services For Neighborhood No. 13: Palm And Hibiscus lslands Right-Of-Way lnfrastructure
lmprovements (The Project), Dated September 18, 2014 (The Conhact); The Amendment lncludes Additional Design Services
Associated With The Recently Adopted Enhanced Stormwater Criteria ln The Not-To-Exceed Amount Of $251,016 With
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer
residents rated recently completed capital improvement projects as "excellent" or "good". Recently completed capital improvement
and condition of roads (44
On July 17,20'13, the City Commission approved the negotiations with Lanzo Construction Co., Florida (Lanzo) pursuant to
Request for Qualifications (RFa) No. 251-2U3f C, for Design-Build Services for Neighborhood No. 13: Palm and Hibiscus lslands
Rightof-Way lnfrastructure lmprovement Project.
On February 12,2014, the City Commission approved the recommendation by the Mayor's Blue Ribbon Panel on Flooding and
Sea Rise and the Flooding Mitigation Committee to amend the City's Stormwater Management Master Plan by modifying the
design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions. The City's
Public Works Department (PWD) has requested that staff implement the enhanced stormwater system criteria.
The Design Criteria Package (DCP) that was originally included in the RFQ had to be revised to incorporate the new enhanced
stormwater criteria, which required additional negotiations with the Design-Build Firm.
The City negotiated Design and Pre-Construction Services with Lanzo Construction Co. in the lump sum amount of $599,464,
based on the DCP included in the original solicitation.
Occurring on a parallel path with the Design-Build contract amendment negotiation, the City's PWD was in the process of
completing their final review of the revised stormwater DCP when, as directed by the Mayor's Blue Ribbon Panel on Flooding and
Sea Rise, PWD provided the DCP to the City's Flooding Mitigation Consultant (AECOM) for their review on August 28, 2014.
Upon receipt of AECOM's review comments (October 31,2014) and a subsequent review by the City Engineer's office (November
3,2014), it was determined that additional modificatons to the DCP were required.
Changes to the DCP, incorporating the directives of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, and the Flooding
Mitigation Committee, as well as AECOM's review comments, requires additional design services be provided by the Design-Build
Firm. These services will include design of pump stations on both Palm and Hibiscus lslands, new surveying services, revisions to
the 30%DesignDrawings, increasing the road minimum elevations, and a Design Review meeting with the Community to
present these changes.
Pursuant to these required design modifications, the Design-Build Firm submitted a proposal for these additional services in the
not-to-exceed amount of $251,016. Amendment No.1 will revise the total contract sum to a not-to-exceed total of $850,480.
The City staff has evaluated the Design-Build's cost proposal for the additional services and are in agreement that the proposal is
fair and reasonable.
The Administration recommends of the resolution.
Fund 431-2338-061357 - 2011 Stormwater Bonds -Reso2011-27782
Board Recommendation:
T:\AGENDA\201
AGENDA ITEM R1 rE MIAMIBEACH D^fE IFfi- ICI813
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,THE MAYOR AND CITY GLERK TO
EXECUTE AMENDMENT NO. 1 TO THE DESIGN.BUILD AGREEMENT BETWEEN
THE CITY OF MIAM! BEACH, FLORIDA, AND LANZO CONSTRUCTION CO.,
FLORIDA, FOR DESIGN-BUILD SERVICES FOR NEIGHBORHOOD NO. 13: PALM
AND HIBISCUS ISLANDS RIGHT.OF-WAY INFRASTRUCTURE IMPROVEMENTS
(THE PROJECT), DATED SEPTEMBER 18, 2014 (THE CONTRACT); THE
AMENDMENT INCLUDES ADDITIONAL DESIGN SERVICES ASSOCIATED WITH
THE RECENTLY ADOPTED ENHANCED STORMWATER CRITERIA IN THE NOT.
TO.EXCEED AMOUNT OF $251,016 WITH PREVIOUSLY APPROPRIATED
FUNDING.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUND!NG
$251.016 Fund 431-2338-061357 - 2011 Stormwater Bonds - Reso 2011-27782
$251,016 Total
BACKGROUND
On July 17,2013, the City Commission approved the negotiations with Lanzo Construction Co.,
Florida (Lanzo) pursuant to Request for Qualifications (RFO) No. 251-2013TC, for Design-Build
Services for Neighborhood No. 13: Palm and Hibiscus lslands Right-of-Way lnfrastructure
lmprovement Prolect.
On February 12, 2014, the City Commission approved the recommendation by the Mayor's
Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee to amend
the City's Stormwater Management Master Plan by modifying the design criteria for the
tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions.
The City's Public Works Department (PWD) has requested that staff implement the enhanced
stormwater system criteria.
814
Commission Memorandum - Lanzo Construction
Palm and Hibiscus - Preconstruction Services Neighborhood 13 Project
November 19,2014
Page 2
The Design Criteria Package (DCP) that was originally included in the RFQ had to be revised
to incorporate the new enhanced stormwater criteria, which required additional negotiations
with the Design-Build Firm.
The City negotiated Design and Pre-Construction Services with Lanzo Construction Co., in the
lump sum amount of $599,464, based on the DCP included in the original solicitation.
ANALYSIS
Occurring on a parallel path with the Design-Build contract amendment negotiation, the City's
PWD was in the process of completing their final review of the revised stormwater DCP when,
as directed by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise, PWD provided the
DCP to the City's Flooding Mitigation Consultant (AECOM) for their review on August 28,2014.
Upon receipt of AECOM's review comments (October 31,2014) and a subsequent review by
the City Engineer's office (November 3, 2014), it was determined that additional modifications
to the DCP were required.
Changes to the DCP, incorporating the directives of the Mayor's Blue Ribbon Panel on
Flooding and Sea Rise, and the Flooding Mitigation Committee, as well as AECOM's review
comments, requires additional design services be provided by the Design-Build Firm. These
services will include design of pump stations on both Palm and Hibiscus lslands, new
surveying services, revisions to the 30% Design Drawings, increasing the road minimum
elevations, and a Design Review meeting with the Community to present these changes.
Pursuant to these required design modifications, the Design-Build Firm submitted a proposal
for these additional services in the not-to-exceed amount of $251,016. Amendment No.1
(attached) will revise the total contract sum to a not-to-exceed total of $850,480.
The City staff has evaluated the Design-Build's cost proposal for the additional services and
are in agreement that the proposal is fair and reasonable.
GONCLUSION:
The Administration recommends approval of 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. 1 to the existing Design-Build agreement between the City of Miami
Beach and Lanzo Construction Co., Florida for additional design modifications services
associated with the recently adopted enhanced stormwater criteria for the Palm and Hibiscus
Bid Package't3 Right-of-Way Neighborhood lmprovement Project; in the negotiated not-to-
exceed amount of $251 ,016; with previously appropriated funding.
ATTACHMENTS:
Lanzo Construction Co., Florida Amendment No. 1
JLM\MNDM
T:\AGENDA\2014\November\C:P\Pa:ni and Hibiscus - Lanzo Amendment 1 - MEI!1O.docx
815
AMENDMENT NO. 1
TO THE AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
LANZO CONSTRUCTION CO., FLORIDA.,
FOR
PROGRESSIVE DESIGN.BUILD SERVICES FOR
NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS
RIG HT-OF.WAY I N FRASTRUCTURE I M PROVE M ENT PROJECT
DATED SEPTEMBER 18, 2014
This Amendment to the Agreement made and entered this _day of 2014 by
and between the City of Miami Beach, a Municipal Corporation existing under the laws of the
State of Florida (hereinafter referred to as CITY), having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, and LANZO CONSTRUCTION CO., FLORIDA, a
Florida Corporation with its principal place of business located at 125 SE sth Court, Deerfield
Beach, Florida 33441 (Design-Builder).
RECITALS
WHEREAS, On July 17, 2013, the City Commission approved the negotiations with
Lanzo Construction Co. Florida (Lanzo) pursuant to Request for Qualifications (RFO) No. 251-
2013TC, for Design-Build Services for neighborhood No. 13: Palm and Hibiscus lslands Right-
of-Way lnfrastructure lmprovement Project; and
WHEREAS, The City negotiated Design and Pre-Construction Services with Lanzo
Construction Co. in the lump sum amount of $599,464; and
WHEREAS, On February 12, 2014, the City Commission approved the recommendation
by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation
Committee to amend the City's Storm Water Management Master Plan by modifying the design
criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary
conditions; and
WHEREAS, this Amendment No. 1 to the Agreement incorporates the directives of the
Mayor's Blue Ribbon Panel on Flooding and Sea Rise and the Flooding Mitigation Committee,
as well as the City's Flooding Mitigation Consultant's (AECOM) review comments, which
includes design services for additional pump stations on both Palm and Hibiscus lslands, new
surveying services, revisions to the 30% Design Drawings, increasing the road minimum
elevations, and a Design Review meeting with the Community; and
WHEREAS, pursuant to these required design modifications, the Design-Build Firm
submitted a proposal for these additional services in the not-to-exceed amount of $251,016; and
WHEREAS, City staff has evaluated the Design-Builder's cost proposalfor the additional
services and are in agreement that the proposal is fair and reasonable; and
WHEREAS, Amendment No. 1 to the Agreement, revises the total contract sum to a not-
to-exceed total of $850,480.
816
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1, ABOVE RECITALS
The above recitals are true and correct and are incorporated as part of this Amendment
No.1.
2, MODIFICATIONS
The Agreement is amended to include "schedule A-1", which is attached and
incorporated herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The CITY and DESIGN-BUILDER ratify the terms of the Agreement, as amended by this
Amendment No. 1.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be
executed in their names by their duly authorized officials as of the date first set forth
above.
ATTEST:CITY OF MIAM! BEACH
Rafael Granado, City Clerk Philip Levine, Mayor
ATTEST:DESIGN-BUILD:
LANZO CONSTRUCTION CO., FLORIDA.,
By
TITLE:TITLE:
Print Name Print Name
Attachment: Proposal
By
817
ffilt_ANzg-I# r co]{$nucnoil coirPAlfY
WfrW&fiIattrffi
[| tEtll'lrliE-h
Normber l3,20l4
Davidlvlutinez, PE
Capital ft,ojects Diretur
Capitat @ovemd Project Ofrce
CityofMiami B€ach
1700 Cotr\rcntion Ceder Drive
Miami BeadL Elorida 33 139
Rq Lanzo Consffirction Company (Oesign Builder) Phase I Fee Prroposal for the Righb of'Way
Infrashrcfire Improvemeut Progm - Palm and Hibiscus Islaods
Phase I Final Prioed Proposal - DCP Dated Novembq 4,ZOl4
DetrMr. tvtrtinea
Please find afiached and enclosed the rwised Design Services fee proposal and Scope of Servioes,
whicl re,flect chmges fom fu odginal DC?, as iucorporated in our Contsact dated Septqrb€r 18e,
20l4to the aem, DCP issuod by Stantec, datod Noveoeber 4,20'1.4.
Odginal Fee as Coffiacted'l)riginal DC?" $599,46,4.69
Additiorat Fee as hoposed'DcP Rwised Novembe d zolq' S251.016.00
TotrtRel,tsedDeslgn Serrdcoc Fee $t50J4S0.00
Revis€d Design Phase I Duration as detailed in the attached Rsr/ised Sche&rle A
Again, trmls for considerdion in this matter md we apprecide the oeportmity tre City of Miami
Bearhbasprrovidod I^aozo mdourtmmoberg mdwelook forwudto movingahead with6is
pmject
Sincerely,4
Lr-,-V p tk"-..-<-----
Mcfrael R Bme. Vice Prresided
I,frm Congtruction Co., FL.
Cc: Mr. Ma* E. Tome5fu P-8. Seirior Capital projects Coordinator
Ms.Olga Sanchez, E [, LEED Ap, Capital projeds Coo,rdinmor
125 SE 5n Court Deerfidd Bead) FL 3W14?4g Phone (954) 979{802 Fat (9g4) 97g€g97
'lr',1i+/ lanZO,nel
818
SCHEDUI."E A:
PBOFESSIONAL SERVICES AG REEM ENT BETWEEN
THE CITY OF MIAMI BEAO{ & TANZO CONSTRUCrION
PAI,A,I AND I{IBISCUS ISTANDS
RIGHT OF WAY NEIGHEORHOOD IMPROVEMENT PRO'ECT
Lut3l2Ot4
SCOPE OF SERVICES
DESIGN-B Ul LDER : IANZO CONSTRUCfl ON FHE "DES|GN-BUIDER"]
BACKGROUND
The work of this Project comprises of deslgn-build services to construct infrastructure improvements for
NEIGHBORHOOD NO. 13: PALM AND HIBISCUS ISLANDS (Projea). The work shalt inctude site
preparation, earthworlq roadway reconstruction, utility undergroundin& water rnain installation and
water services relocation, storm drainage infrastructure Installation, roadway lighting and
streetscape/planting improvements. The Project area is two islands Jocated in eiscryne Bay (see Exhibit
A). The islands are located immediately north of MacArthur Causeway at a slgnalized antersection.
Areas to be affected by the proposed lmprovements include:
Palm lsland: Fountain Stree! Palm Avenue, North Coconut Lang and South Coconut Lane
Hibiscus lsland: North Hibiscus Drive, South H.ibiscus Drive, West palm Midway, East patm Mldway, East
1tt court, East 2il court, East 3'd court, East 4th court, wesi t" court, w.rii.;'iori, *"ra 3'tco;l;---
and West 4th Court
SCOPE OF SERVIGS
The scope of services for this Project under Phase 1 are described in the project's Design Criteria
Package (DCP) dated November4,zor4 and are summarized as follows:
r Streetscaoe lmorovements: The DESIGN-BUILDER shallfamiliarlze itsetf with the DCp in orderto
deslgn and construct the proposed streetscape lmprovements within the established design
guidelines, Public Works Department Standards Manual (pWD Manual) and other agencies
having jurisdiction. The streetscape improvements shall include complete reconstruction of all
roadways throughout the project limits; D+urbs, F-curbs, and valley gutters along all projea
roadways, as applicable; new striping, signing, driveway harmonizations; repair and new
iidewalks for ADA compllance; landscape improvements including new trees; and traffic catming
techniques lncluding speed tables.r Water Distribution Svstenl lmorovements:
The Proiect includes new water mains throughout the project area. The proposed system
consists of new 8-inch Ductile lron Pipe (DlP) in reptacement of the existing water lines along
most of the public streets. New fire hydrant assemblies, tie-in of proposed 8-inch Dlp water line
to the existing water mains at various locations, and service connections at every parcel shall be
provided.
819
r Storm water svstem: The DESIGN-BUILDER shall familiarize itself with the Dcp in order to design
and construct the proposed storm water system lmprovements within the established deslgnguidelines, PWD Manual and other agencies having jurisdiction. Utillzing an updated survey
containing finished floor data, all road right-of-ways within the limlts orihe erolect shall bereconstructed to newly targeted elevations as requested by owner. Minimum lutter elevation
shall be established where reasonably possible at elevation 2.7g NAVD. Rdditionaldesign
considerations will be made to maintain positive drainage from the private lots. Both istands
may be served by up to four (4) stormwater pumping stations; 2 staiions per island. The
stormwater network shall be resized and reconfigured from its original 30% design provided inthe DCP. The DESIGN-BUILDER will design the driinage system to meet the guidelines andperformance criteria as required in the updated Dcp. Aliroad rlghts-of-way *itt in the limits ofthe Project shall receive upgraded drainage improvements that include but are not timited tothe followinS: new piping, catch basins, yard drains, manholes, control structures, forcemain
outfalls, and hydrodynamic water quarity treatment units.
' The Design-Builder shall further familiarize itself with the revisions to the DCp in order to design
and construct the proposed storm water system irnprovements within the established design
guidelines. The alternate design may include two (2) pump stations on palm lstand and either
one (1) or two (2) pump stations on Hibiscus lstand depending on available area for siting thestations. Electrical design will include power and control systems for each of the purnp station(and may include emergency generator) as described in the revised Dcp, structural drawings forthe final pump station shail be designed by a structural Engineer.: Utilitv Un4erEroundinc: The DESIGN-BUILDER shall familiarize ltself with the DCp in order toperform the scope required for utility undergrounding at Hibiscus lsland within the established
design guidelines, PWD Manuat and other agencies having Jurisdiction. The project smpe
includes undergrounding of aerial utillties on Hibiscus tsland only and shall be coordinated
between all utility companies. The DESIGN-BUtLDER shall install infrastructure as outlined in the
DCP in preparation of the utilities being located underground. All conduits shall be instaltedwith pull strings for use by the installing utility contrador and in accordance with the utllity
company's criteria and specifications.r Street Llehtine Svstem: The DESIGN-BUILDER shatt familiarize itself with the DCp in order to
design and construct the proposed street lighting system withln the established designguidelines. The DESIGN-BUILDER shall coordinate t'he removal and relocation of thc existing
flxtures with Florida Power and Light (FPL), Atlantic Broad Band (ABB), AT&T, and the CtTy.r Sanitarv Sewer: Rehabilitation of the sanitary sewer system shall include llning of existing
sewer llnes that have not been rehabilitated (sanitary map and ccrv sanitery liies Inspection
report datedT131/12) as wefl as rning of ail manhores within the system.
The scope of services requires that all existing and proposed aboveground improvements be
coordinated wlth existing and proposed below-ground infrastructure improvements, which may include
the following tasks:
o storm water system;
' Replacement of water mains, including lining of existing sanitary sewer lines; and' coordination with other entities inctuding but not limited to, Fp! AT&T,ABB and others that
may exist within the public right-of-way.
The DESIGN-BUILDER shall be tasked with the fottowing duties and responsibitities:
820
TASK 1-PlAilItilIG SERVTCES: Not Reguired
TASX 2 - DESIGITI SERVICTS:
The purpose of this Task is to establish requirements for the preparation of contract documents for theProject. Task deliverables shall comply with minimum requirements of the pwD Manual (latest edition).
Task 2.1 requires the DESIGN-BU ILDER perform a variety of forensic task to verifi7 existing
conditions and the accuracy of 3096 conceptual ptans, specifications, reports, and surveys to be
used for development of the contract drawings.
Task 2.2 discusses requirements for the preparation of contract documents, inclusive of
drawings, specifications and front-end documents.
Task 2.3 establishes requirements with regard to constructability and value engineering reviews.
Task 2.4 establishes requirements for the preparation of draft and final Guaranteed Maximum
Pricing by the DESTGN-BU|LDER.
Task 2.5 and 2.5 establish requirements associated with participation in Cornmunity Design
Revlew MeetinBs and incorporating revisions resulting from those meetings, as approved by the
crw.
Task 2.7 specifies requirernents for review of contract documents with jurisdictional permltting
agencies prior to finalization.
Task 2.8 establishes requirements to maintain an in-house euatity Assurance / euality Control(qA/qc) protram designed to verify and ensure the quality, clarity, completeness, and
constructabillty of its design documents.
Task 2.9 establishes the supervision requirements the DESIGN-BUILDER shall have over its
design consultants.
To assist the CITY in their lmplementation of a Public lnformation program, the DESIGN-BUILDER shallprovide electronlc files of all Project documents, as requested by the ClTy for posting on the prog6m
website. The DESIGN-BUILDER shall provide the electronic fites for the front+nd doiuments, technical
specifications, and construction drawings in MS-Word, AutoCAD and Adobe Acrobat file format.
The review process forDeslgn services shall consist of 3OIo, 5a%,ga%and lo0% complete submittals.
Contract documents shall be subiect to constructability and value engineering reviews to be perforrned
by the DESIGN-BUILDER and the CITY. DESIGN-BUILDER shall work with the Ctw to adjust/revise project
scope as may be deemed necessary to meet established budgets as the design evolvei from earlier to
latter stages of completion.
DESIGN-BUILDER shall utilize and be bound by the Project's Design Criteria package - November 4, zot4
(DCP) detailing procedures, standards and policies regarding aeslen of alt Right of w.y (ROW) programs
proiects, the City of Miami Beach Pubtic Works Manual - April, ZOO7, aswell as any subsequent updatetto supplement details required to complete the Project lncluding details for encroachments, driveway
821
harmonization, and water service relocation. The pwD Manuat can be found at
www.m iamibeachfl .gov/pu blicworks/engineering/engineering man ual.aspx
DES,GN-BUILDER shall
verify/update the information presented in the DCP and review the preliminary design drawings,prepared by the Projecfs DESTGN CRITERIA PROFESSIONAL, to the elitent necessary to ensure that theproposed improvements do not negatively impact existing/proposed Facillties and to fulfill the
requirements as the Successor Professional Engineer, DESIGN-BUILDER shall: review the preliminary
drainage report prepared by stantec consulting services, lnc.; review the geotechnicat survey reportprepared by Professional Services lndustries dated October 9, 2012 and shail verify/update the
information to the extent necessary; obtain utility drawings from franchise utility companies andperform soft digs to identifo utility conflicts; review the preliminary traffic report prepired by stantec
Consulting Services; review the bridge evaluation report and assess the bridge's limltations for all
construction methodologY, equipment, and access; review the pretiminary Encroachment Analysis
prepared by Rosenberg Gardner Design and provide an update to the encroachment analysis as
required; review the contamination Screening Evaluation Report prepared by professional Services
lndustries dated August 9,2Q72; review the Video tnspection Report and provide written
recommendations for sanhary sewer improvernents if required; review and revise as needed the
Driveway Harmonization tlcense Agreement between individual homeowners and the ClTy; revjew and
revlse as needed the water service relocation on private property document between lndividual
homeowners and the cl-rY; and review the topographic survey performed by HADD9NE coRp Surveyors
and Mappers dated April !8,2ot2 for Palm lsland and May 5, 2OtZfor Hibiscus lsland and veriff/update
the information presented to the extent necessary.
Deliverables: -Perform forensic and survey work as noted. provide updated base drawings
reflecting current conditions and an accompanying report descrlbing it
"
finding. andlor
recommendations discovered during the review of the documents described above.
Schedule: -Wfthin 45 calendar days after issuance of Task 2 - Design phase Notice to
Proceed.
Task 2.2 - Detalled Desien: DESIGN-BUILDER shalt p!,epare all contract documents in comptiance with
PWD Manual and DCp standards.
Technicalspecifications shall be prepared in conformance with Construction Specifications lnstitute (CSl)
formats. The CITY, through the PWD Manual and DCP, shallfurnish the DESTGN-BUILDER with standard
CITY specification outlines for Divisions 1, 2, 3 and 16 as noted in the pwD Manual and DCp. DEstGN-
BUILDER shall provide additional sections that the DEstGN-ButLDER may require, not already provlded
through the clTY standardq subject to review and comment by the clTy. DESIGN-BUILDER must reviewclw standards and adopt and change/update where necessary. Any supplier listing required by
specifications shall include a minimum of two (2) named suppliers and shall meet ail appticable CtTy and
State of Florida procurement codes. Speciflcations shall be provided to the DESTGN-BU|LDER in
"Microsoft M$'Word" format. DESIGN-BUILDER shalluse the same sofhruare in all project related work.
DESIGN-BUILDER shall utllize base front-end documents provided by the ClTy. DESTGN-BUtLDER shall
edit accordingly to result ln a Project specific document. Any requirements for supplementary General
conditions shall be subject to review and acceptance by the clry.
822
DESIGN-BUILDER shall attend monthly Design Progress Meetings with ClTy at the City's Ctp offtces as
scheduled by CIW staff.
For purposes of this Scope of Services, the following will be considered the minimum effort to beprovided by the DESIGN-BUILDER for establishing detail design milestone submittals:
' A full updated survey shall be completed at the request of the CtTy based on initiat
lnvestiSations by the DESIGN-BUILDER which showed that the survey provtded as part of the
DCP does not meet the current CITY survey standards. ln addition, much of the survey
information is outdated due to the high rate of home reconstruction that has been taking ptace
on Palm and Hibiscus lslands.r The 30% design completlon stage milestone shall consist of creating new construction plan
sheets from updated survey information showing existing and proposed utiljties in plan view.
The 30% design completion for the stormwater system shall consist of pump station location,
station capacities, updated stormwater network with plan and profile views of proposed
im provements, hyd ro lotac a nd hyd ra utic a nalysis.' The 60% design completion stage milestone shall consist of plan and profile views of allproposed improvements, with all applicable sectlons and construction details at a scale of f-inch
equals 20 feet. The corresponding profile for each plan view shall be inctuded on the same
sheet as the plan view. ln addition, a small scale key map will be provlded on each sheet to
allow the reviewer the ablllty to readily identify the location of the sheet within the project area.
Prlor to the preparation of the 6o% design completion stage drawings, the DESIGN-BUILDER
shall incorporate changes to its design based upon its underground utility verification efforts
and review comments received. ln addition, the DESTGN-BUILDER shall include draft techn jcal
specifications.
' The 90% design completion stage milestone shalt consist of a near finat construction document
set including the front-end documents (general and supplemental conditlons), technical
specifications, and construction drawings for alt Work. The DESIGN-BUIIDER shail inctude
detalled construction sequencing restrictions for the clw's review with this subm jttal. prior to
the preparation of the 90% design completion stage drawings, the DESIGN-BUILDER shall
lncorporate changes to its design based upon review comments received, prior to 100% design,
DESIGN'BUILDER shall meet with appropriate Miami-Dade County agencies and other franchise
utillty companies to confirm that the Project des'rgn meets regulatory requirements and isproperly coordinated with the other utilities.
' The 100% design completion stage milestones shall consist of the 90% documents updated to
Include all constructabllity and design review comments as may be provided by the ClTy and/or
iurisdictional review agencies. This set of documents will be used by the DESTGN-BUtLDER to
implement PWD permitting reviews. The 100% construction documents must include pWD,s
a pprova I sta m p (l nd ica ting pWD,s acce pta nce).
Deliverablss: - Furnish six (5) sets each of the go%,60%,90%, and 100% design completion
stage documents to CITY, as applicable (three full size and three half size for
each submittal) ln addition to three (3) CDs with electrontc fites of the submittal.
Attend design progress meetings with clry staff at the ctp offices as scheduted
by the CITY.
823
schedule: - complete 30% document submittat within 75 catendar days after the issuance of
Task 2 - Design Phase Notice-to-proceed.
' Complete 60% document submittal within 45 calendar days after after receiving
review comments from various city Departments on 30% subrnittals and
completion of CDRM..
complete 90% document submittal within 45 catendar days after receiving
review comrnents from various clty Departments on G0% submittals and
completion of CDRM. Pennit submittal to applicable regulatory agencies will
commence upon completion of 90 percent documents.
complete 100% docurnent (Bid set) submittal within 15 calendar days after
receipt of all comments from regulatory agencies. The 100% construction
documents must include PWD's approvalstamp (indicating pwD,s acceptance).
Minimum Design Featurcs to Be Shown on Drawlngs
The DESIGN-BUILDER shall note that the following criterla indicate the minimum des'rgn standards to be
shown on drawings and shallcomply with the PWD Manual. The DESTGN-BUILDER is encouraged to
revlew and recommend changes as it deems necessary, subject to the review and acceptance of thecrw.
Existing Condittons and Demolition ptonst Provide drowings that indicote the existing conditions known in the fietd ot the time of
the survey, including ony other tnformotion discovered in the field during preliminary designt Provide drawings thot indicote the timits of the existirtg features planned for demolition
Poving, Grading and Drainoge plons
' Show existing grade / topography, centertine roadway, edge of pavement, back of
sidewaJk, top of curb, gutter flow line
' Show proposed grade along the centerline of the road at 50 centers, Iim jts of road work,
inlets, curb and gutter and sidewalk, Show limits of dernolition / removalr Show lirn jts of proposed work
' ldentify all surface features of art existing and proposed work. ldentlfy driveway locations. ldentifo proposed structuresr ldentify llnear footage of pipe, pipe invert elevation, diameter and material
Poving, Grading and Droinoge Details
' Show proposed cross sections wfth topographical information at key locations
' ldentifu the following minirnum information on cross sections:- Existing utilities (Based on record research and sunshine one-call design tickets)- Proposed road slope, [ane width, sidewalk width and surface features within the
right-of-way
824
' xi"*:::'lliliffii:lX:rorthe sub-base and base and asphatt
r Conflict manhole detailr Manhole details, Driveway replacement sectjonr Catch basin details. Exfiltration trench detailsr Drainage pipe trench detailr Restoration Details - All pipes- Roadway
Sidewalk
- Curb and gutter
Woter Distribution and Sanitary Sewer plans
General
I ldentify existing utilities (Based on record research and sunshine one-call design tickets). Show future utilities proposed by others. ldentify trees / landscaping to remain in place
Water Distribution System
. Show location of single and doubte water meter boxes. ldentifiT fire hydrant assembly. ldentifu fitting locations
' ldentifo limits of restrained joints
' ldentify deflection limitsr ldentrfu water sampling poinS. ldentifo dead end blow-offsr ldentify air release valvesr ldentifiT pipe diameter and materialr Stationing
Pressure Pipe Profiles
i Show top of pipe elevation. ldentifo location of air release valve at high points
' ldentify vertical / horizontal deflection and/or fittings. ldentifo minlmum cover requirementsr Provide details of major utility crossings- Jack and bore- Horizontaldirectionaldrilling- Subaqueous crossing- Aerialcrossing
- Culvert crossing
825
T"tk 2.3 - Doi"n / Crntt*.t bilit, R*1"* rnd v"lr" En"in""rin", To verify that the DESIGN-
BUILDER's design is in compliance with PWD Manual and DCP reluirements, the CIW will conduct designsubmittal reviews on the 3o%,60yo,90%, and 100% Project design documents. The 100% design
completion stage submittal will be used by the DESIGN-BUtLDER to permit the project through allinternal CITY reviews.
The purpose of these reviews shall be to verify that the documents are consistent with the design intent
as set forth in the DCP dated November 4, 2014. These documents shall be furnished as bound g-t/z-
inch by 1l-inch technicalspecifications and futl-size (22-inch by 34-inch)and hatf size (ll-inch by L7-
inch) drawings. The applicable CITY Departments shall perform reviews on these documents andprovide written comments (in "Excel" spreadsheet format) back to the DESIGN-BUILDER within 10
calendar days of receipt by the ClTy.
Follow!ng receipt of comments by the DESIGN-BUILDE& a meeting may be scheduted between the CtTy
and DESIGN-BUILDER to discuss the intent and revlew of the comments. subsequently, the DESIGN-
BUILDER shall address how each comment was resolved, within 10 calendar days afteithe review
sesslon and/or receipt of the comments. The responses shatl be in the spreadsheet format provided tothe DESIGN'BUIIDER. The DESIGN-BUILDER shall address all review comrnents. The CtTy wiil perform
constructability reviews of the design documents relative to value and construction sequencing. These
reviews shall be based upon 50 and 90 percent design submittals recetved from the DESIGN-BUILDER
and shall be conducted concurrently but separately from the 60 and 90 percent design reviews noted
above. Constructability review meetings shall be held to discuss the DESIGN-BUILDER,s proposed
construction sequ encing restrictions,
The CITY's review of the contract documents shall not relieve the DESTGN-BUILDER from its
responsibility to the CIW with regard to the quatity and completeness of its contract documents.
Delfuerables: 'Attend meeting wlth the CITY to review and discuss design constructabitity and
value comments.
Schedule:
- Prepare written responses to comments made during reviews.
- Complete concurrently with Design phase schedule.
The DESIGN-BUtLDER shall prepare and submit to
the clTY a draft and final Guaranteed Maximum Price (GMP) at the G0% and 90% design completion
stage submittals, respectively. Once the 100% completion stage submittal is subrnitted and stamped
approved by PWD, the DESIGN-BUILDER will confirm its Final Guaranteed Maximum price to the ClW to
cornplete Phase 2 of the project.
Deliverables: - Furnish slx (6) sets of the draft GMP at the 60 percent design completion phase
and six (6) sets of the final GMp at the g0 percent comptetion stage to ctry, in
M$Exce[ electronic disc format, concurently wlth the design submittats noted
in Task 2.2. The GMp package submittal shall be provided to meet the
requirernents of Section 4.3 of the Design-Build Agreement
- Attend meetings with the ctry to review and discuss cost estimates and
submiUal information.
826
Schedule:- Complete concurrently with Design phase schedule.
Task 2.5- Communitv Desien Revlew Meetines and Pre-Construction Meetinss
DESIGN-BUILDER shall attend and participate in three (3) Cornmunity Design Review Meetings (CDRM)
to review the design progress and concept. The ClrY will schedule, find location for, and notiry residents
of the meetlngs. DESIGN-BUILDER shallprepare for, attend and present its documents atthe CDRMs.
The first CDRM shall occur during Task 2.1 in order for the DESIGN-BuILDER to receive input from the
resldents on the DCP and its preliminary design documents. The second CDRM shall be scheduled at the
3096 design completion stage, and the third at the 60% design completion stage, presentation format
shall consist of a brief Power Point prqsentation to review Project status, h'rghlights, funding schedules,
plus review of fu!! size plans for the Project. DEsIGN-BUILDER shall pr.prr. dr.ft meeting minutes and
fonruard them to the CITY, which shall review, provide comments and distribute, accordingly, DESIGN-
BUILDER shall provide sufficient staff at the meeting to address concerns by residents at multiple plan
stations. The DESIGN-BUILDER will attend Pre{DRM meetings with CtTy staff to review the proposed
format of the presentation for the CDRMs.
DESIGN-BUILDER shall attend and participate in one (1) review Pre-Construction Meeting (pcM) and one
(1) PCM following the acceptance of the 100 percent design subrnittal. The CIW will schedule, find
location for, and notify residents of the meetings. The purpose of the PCM is to advise residents on the
schedule and sequencing of the upcoming constructlon activlties. DESIGN-BUtLDER shall prepare for,
attend and present its documents at the PCM. Presentation format shail consist of a brief power point
presentation to review Project status, highlights, funding, schedutes, plus review of full size ptans for the
Project' DESIGN-BUILDER shalt prepare draft meeting minutes and forward them to the clTy, which
shall review, provide cornments and distribute, accordingly. DESIGN-BUILDER shall provide sufficient
staff at the meeting to address concerns by residents at multiple plan stations.
Task 2.6 - Document Revisions: Based upon the input provided by the residents at the CDRMs and
PcM, the DESIGN-BUILDER shall incorporate contract document revisions, as necessary, to secure
approval by the CIIY and all applicable regulatory agencies.
Task 2.7 - Permittins Reviewsi DESIGN-BUILDER shall prepare applications and such documents and
design data as rnay be required to procure approvals from all such governmental authorizes that have
iurisdiction over the Projea. The CITY will pay all permit fees. DESTGN-BUILDER shall participate ln
meetings, submissions, resubrnissions and negotiations with such authorities. DESIGN-BUILDER shalt
respond to comments by such authorities within ten (10) calendar days of receipt of comments unless a
different time is agreed to by CITY, DESIGN-BUILDER shall solely be responsible for formally transmitting
and receiving permits to and from the respective jurisdictional authorities. Sjnce the ClTy is to track and
monitor progress on the preparation and review of permit and subsequent requests for informatlon,
CONSULTANT shall also copy the CIW on atl permit related correspondence. This includes DESIGN-
BUILDER Benerated minutes from meetings held with related parties. DESIGN-BU|LDER shall pull all
permits. At the time of scope preparation, governmental authorities that have or may have jurisdiction
over Project have been identified as follows:
. City of Miami Beach Building Department. City of Miami Beach Design Review Board. City of Miami Beach Historical preservation Board
827
. Cityof MiamiBeach parking Departmentr City of Miami Beach parks Department. City of Miami Beach planning Department. Ctty of Miami Beach public Works Departmentr Miami-Dade County Department of Regulatory and Economic Resources (RER)
' Miami-Dade County Waterand Sewer Department. Miami-DadeCounty public Works Departmentr Miamioade Department of Health and Rehabilitative services. South Florida Water Management Departmentr Florida Departrnent of Envlronmental protection
' US. Army6rps of Engineers, U.S. Environrnental protection Agencl
Notwlthstanding the above, the clrY's failure to identiffgovernmentat authorlties that have jurisdiction
over Project shall not relieve DESIGN-BUILDER from its sote responsibility to procure att requisitepermits.
DeliYerables: - correspond with noted jurisdictional authorities to establish pennitting
requirements.
- Revise documents and respond to permitting inquiries as required.
- Attend meetings with the ClTy, and/or permitting agency staff as required to
review, discus and finalize permit procurement.
- Complete concurrently with Deslgn phase schedule.
Task 2.8 -The DESIGN'BUILDER's QA/QC of Desiqn Documents: DESTGN-BUaI^DER shall establish and
maintain an in-house Quality Assurance / Quatity control (AA/ac) program designed to verify and
ensure the quality, clarity, completeness, and constructabill{ of its design documents. The Cffy, at its
discretion, may require the DESIGN-BUILDER attend public meetings or meetings with city Staff to
review the status and present resutts of its qryq6 efforts. ltems to be addressid may include, but shallnot be limited to, review of specifications by respective technlcalexperts and review of the documentsto identifo conflicts and inconslstencies between the various project disciplines.
Task 2-9 - DESTGN'BUILDER oversleht tu required in Section 5 of the Agreement, the DESTGN-BUILDER
shall supervise the design services undertaken by any and all of its design consuttants and oversee and
supervise the value engineering, the community Meetings and the production of the varying stages of
the cost proposals.
Task 3 -As-Bid Comr:ct Documents
The purpose of this Task is to establish requirements for the preparation of as-bid contract documents
for the Proiect. Task deliverables shall comply with minimum requirements of the pwD Manual (latest
edition).
Upon completion of constructabitity revlews, value
engineering discussions, and revisions made during the negotlation of the GMp, the destcN-eUtLogR
shall incorporate revisions to the drawings as appropriate and as approved by the City to form the As-
Schedule:
10
828
Bid contract Documents. once the fu-Bid contract Documents are completed, they will be submitted to
PWD for review and approval, once starnped by PWD, the As-Bid Contract Documents will be ready forconstruction.
Deliverables: - Furnish six (6) sets of the As-Bid contract Documents to CtTy, in M$Excel
electronic disc format.
Schedule:- Complete concurrently with Deslgn phase schedule.
Task 4 - Construction Management Servtces
The purpose of this Task is to establish requirements for the delivery of Construction Management
Services for the project.
Task 4.1A- Pr+C-onstructlon Meetine: The DESIGN-BU|LDER shall attend one (1) pre-construction
meeting wlth the CffY. The DESIGN-BUILDER will prepare and distribute agenda and subsequent
meeting minutes to ail attendees and other appropriate parties.
Deliverables: -Attend and participate ln pre-construction meeting.
-Prepare agenda and meeting minutes.
Schedule: -As scheduled by CITY after issuance of Task 4 Notice to proceed.
DESTGN-BUILDER shall prepare, attcnd
and conduct one (1) pre-construction meeting with the residents, The purpose of this meeting shall be
to present a Power Polnt overview of anticipated construction sequencing, conditions to be expected,
and other issues that may be of concern to residents, as either addressed at the meeting, or the pre-
meeting wlth ClrY representatives {that is to be held to review the content of the presentation with the
DESIGN-BUILDER prior to the meeting).
Task 4.2 - Weeklv Construction Meetine$ The DESIGN-ButLDER shall attend weekly construction
meetings with the cnY staff for the duration of the Project. weekty construction meetings will be
coordinated with the DESIGN-BUILDER's construction lnspecto/s schedule so that meetings occur when
the constructlon lnspector is on-site to minimize project costs. The purpose of these meetings shall be
to review the status of construction progress, shop drawings submittals, and contract document
clarifications and interpretations. These meetings shatl also serue as a forurn for discussion of
construction issues, potential changes / conflicts and any other applicable matters. The meetings may
include site visits to visually observe / address construction related concerns that may result from
discussion during the constructlon meeting. The DESIGN-BUILDER will prepare meeting minutes and
distribute to all attendees and other appropriate parties. Based on ti*ta observations and other
construction related activitles, the DESIGN-BUtLDER shall identify and document any issues, field
condltions, and other rlsks/concerns that may impact the cost and timely delivery of the project, and the
expectations of the ClW.
Dellverables: -Attend and participate in weekly construction progress meetings.
-Prepare and distribute meeting minutes
11
829
Schedule: -Weekly throughout the project duration.
Task 4.3 - Processine of Shoo DrawinssiThe DESIGN-BUILDER will provide shop drawings to the crry
for their review. The Cl'l'Y shall have fourteen (14) calendar days from the tlme of recelpt in its office, to
review and return shop drawings to the DE5IGN-BUtLDER. The DESIGN-BuILDER will address each of the
CITY's comments, in writing.
Delfuerables: -provide three (3) copies of shop drawings to the clry.
-Provide written responses to the clry of all shop drawings review comments
Schedule: -Ongoing through project duration.
Task 4.4 - Construction lnspectionsi The DESIGN-BUILoER shalt provide construction inspections (not-
to-exceed 16-hours per week) through Project completion and final certification, to provide an adequate
quality of observation as required to reasonably veriff that critical elements of the project are being
complied with, and that the general intent of the contract documents is being met.
The DESIGN'BUILDER's field staff shall be on-site paft-time as warranted. The construction inspecuons
shall monitor all Contractor work crews.
ln general, the DESIGN-BUtLDER shall observe the construction of the work and:
a) Conduct on-site observations of the Work In pro$ess to assist in determining if the provisions of
the contract documents and permit condltions are being futfilled. DESTGN-BUILDER shall report,
to the CITY, in writing whenever it is be,ieved that Work does not conform to the contract
documents, does not meet the requirements of inspections, test, or has been damaged prior to
finalpayment.
b) Maintain a daily log of work performed. The daily notes shall include records of when the
DESIGN-B[JILDER is on the iob-site, weather conditiong change orders, or changed conditions,
list of job site visitors, daily drilling and testing activities, observations in general, and specific
observations in more detail as in the case of observing test procedures. Record, ln writing, the
outcome of these inspections. DESIGN-BUILDER shall identify any utitities damaged and verify
that the contractor has notified the respective utility owner.
c) Verifu that tests, equipment and systems start-up are conducted in the presence of appropriate
personnel and maintain adequate records thereof; and observe, record, and report appropriate
details relative to the test procedures and start_up.
d) Provide a photographic record of the construction, beginning with pre-construction
docurnentation and completing with post{onstruction photographs. photographs shall be
digital snapshot type taken to define the progress ofthe proiect and shall be labeled as to date,
location, view, electronicaily filed by month, and signed by the DESIGN-BUILDER.
L2
830
Delfuerables: -Provide on-site part-time construction inspection, not-to-exceed lGhours per
week through the duration of the project.
-Prepare Dally constructlon observation Forms and distribute to the clry.
Schedule: -Ongoing throughout project.
Uponsubstantialcompletion,DEslGN.BUlLDER,in
coniunction with appropriate CITY staff, shall schedule and conduct an overview of the project. The
overview shall include the development of a "punch list" of iterns needing comptetion or coTection
prior to consideration of final acceptance.
Upon notification from DESIGN-BUILDER that all remalning "punch list" items have been resolved, the
CITY staff shall perform a final review of the Project, Based on successful completion of all outstanding
work items by the DESIGN-BUILDER the DESTGN-BUILDER shall assist CITY in closing out the construction
contract. This shall include, but not be lirnited to, providing necessary documentation including, but not
limited to, lien waivers, DESIGN-BUILDER's finalaffidavit, close-out change orders, certificates of
substantial and final completion, consent of surety to finat payment, and processing of the final payment
applicatlon.
ln addition, the DESIGN-BUILDER shall transfer record drawing markups or cAD files for record purposes
and certify the Project as complete, in accordance wlth all applicable jurisdictional permitting
requirements.
Dellverables: -Provide substantiat comptetion notificatlon.
-Attend field meetings to review Substantial Completion.
-Prepare and assist the city in verifying that punch lists are completed.
-Certify Project completion to appropriate agencies.
-Provide red-lined 'hs-built" drawings in a form acceptable to the clry.
-Prepare electronic record drawings and certify project as complete per
applicable jurisdictiona! requirements.
-submit five (5) full size copies, and one (1) fult size mylar copy, of final as-built
record drawings with applicable certification of completion.
-submit final as-built record drawings electronlcalty in cD format,
-Submit final Project photographs / aerials.
{ONSULTANT to provide close-out Book with the following information:r Permits - complete final permit inspection sign-offs; ensure that all
permits are closedr Engineer's certification of project completion that project was built in
accordance with plans and speciffcations.r Change orders - provlde all finalized change order informatlon.r Punch list - provide complete list, including date item closed.. Certificate of Substantial/ Final Completion. Operating and Maintenance Manuals. Pay applicationso Final Waiver and Releases of Lien / Consent of Surety
831
. Materialtesting log
" Permit fees logr Record drawing log
{ngoing throughout duration of the project.
t4
832
SCHEDUT^E B:
CONSU LTANT COM PENSATIO N
Schedule of payments
Revised November tZ, Z0]4
Task
1 Planning Services (not lncluded in this contract) S
2
2.t
2.2
Design Seruices I
Review DCP Reports and Update Existing Base Sheets
Detailed Design
2.2.L Survey
2.2.2 30% Design
2.2.3 6O96 Design
2.2.4 90% Design
2.2.5 1007o Design2.3 Design/Constructability Review2.4 Construction Cost Estimates
2.4.r- 60% Completion Stage - Draft GMp
2.4.2 90% and 10OIo Comptetjon Stage - Final GMp2.5 Community Design Review Meetings and
Pre-Construction M eetings2.6 Document Revisions2.7 Permatting Reviews2.8 Design-Builder's Qtulqg d Design Documents2.9 Design-Builder Oversight
3 As-Bid Contract Documents **
4 Construction Management **
6 Reimbursable
6.3 Surveying
6.4 GeotechnicalBorings
Note: * These services will be paid lump sum based on
identified in the individual tasks.
5
s
s
s
s
$
s
$
s
s
S
S
s
s
5
s
s
s
s
s
Fee
o
850,t18O
30,000
14]-,7U
55,322
2g4,UO
161,336
97,939
8,280
9,090
4,350
13,480
5,000
5,000
3,230
37,460
15,260
242,434
4s00
1,200
3,300
percentage complete of each phase as
** The cost and scope for these services are preliminary and will be adjusted accordingly if
needed based on the final proJect scope ofwork.
833
RESOLUTION TO BE SUBMITTED
834
l?15 . 2815
n.ll ;i,I&1',i -;il.,&il ; i
OFFICE OF THE CIIY MANAGER
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Member]of the C
Jimmy Morales, City Manager F-
November tg, zola (
_l
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION ACCEPTING
THE FOLLOWING RECOMMENDATIONS OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE WITH REGARD TO THE COLLECTION OF
oUTSTANDING FEE rN LIEU OF PARKTNG (PtF) ACCOUNTS AND AUTHORTZTNG
THE CIry ADMINISTRATION AND CITY ATTORNEY'S OFFICE TO TAKE ANY AND
ALL SUCH ACTION AS REQUIRED, INCLUDING INVOICING AND SENDING OUT
NOTICES OF PAYMENT FOR PIF ACCOUNTS FOR FISCAL YEARS 2O1O
THROUGH 2015; WHERE APPROPRIATE, ENTERING INTO SETTLEMENT
NEGOTIATIONS FOR PAYMENTS OF PIF ACCOUNTS, SUBJECT TO FINAL
APPROVAL OF ANY PROPOSED SETTLEMENT(S) BY THE CITY GOMMISSION;
AND, WHERE UNABLE TO COLLECT PAYMENT AND/OR NEGOTIATE AN
APPROVED SETTLEMENT, FURTHER AUTHORIZING THE CITY ATTORNEY'S
OFFICE TO INSTITUTE THE FILING OF A LAWSUIT TO COLLECT THE DEBT, AND
AUTHORIZING THE ADMINISTRATION TO TAKE ANY APPROPRIATE
ACCOMPANYING ACTTON(S) tNCLUDtNG, WTTHOUT LtMITATION, THE
REVOCATION OF A DELINQUENT ACCOUNT'S CERTIFICATE OF OCCUPANCY,
CERTIFICATE OF USE OR BUSINESS TAX RECEIPT.
Background:
During the November 12, 2014 meeting of the Finance and Citywide Projects
Committee, the Committee recommended that the City Manager, Administration and
the City Attorney take certain actions relating to collection of outstanding Fee in Lieu of
Parking (PlF) accounts. The Finance Committee recommended authorizing the City
Administration and the City Attorney's office to take all action required to send out
invoices for Fiscal Years 2010 through 2015; attempt to settle claims, with City
Commission Approval; and to file suit as may be needed.
Recommendation:
Accept the recommendation of the Finance and Citywide Projects Committee.
Agenda ltem R7t{
Date ll-lQ-|4835
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION AGCEPTING
THE FOLLOWING RECOMMENDATIONS OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE WITH REGARD TO THE
CoLLECTTON OF OUTSTANDING FEE tN L|EU OF PARKING (ptF)
ACGOUNTS AND AUTHORIZING THE CITY ADMINISTRATION AND
CITY ATTORNEY'S OFFICE TO TAKE ANY AND ALL SUCH ACTION AS
REQUIRED, INCLUDING INVOICING AND SENDING OUT NOTICES OF
PAYMENT FOR PIF ACCOUNTS FOR FISCAL YEARS 2O1O THROUGH
2015; WHERE APPROPRIATE, ENTERING INTO SETTLEMENT
NEGOTIATIONS FOR PAYMENTS OF PIF ACCOUNTS, SUBJECT TO
FINAL APPROVAL OF ANy PROPOSED SETTLEMENT(S) By THE C|TY
COMMISSION; AND, WHERE UNABLE TO COLLECT PAYMENT
AND/OR NEGOTIATE AN APPROVED SETTLEMENT, FURTHER
AUTHORIZING THE CITY ATTORNEY'S OFFICE TO INSTITUTE THE
FILING OF A LAWSUIT TO COLLECT THE DEBT, AND AUTHORIZINGTHE ADMINISTRATION TO TAKE ANY APPROPRIATE
ACCOMPANYTNG ACTTON(S) TNCLUDING, WTTHOUT LtM!TAT!ON, THE
REVOCATION OF A DELINQUENT ACCOUNT'S CERTIFIGATE OF
OCCUPANCY, CERTIFICATE OF USE OR BUSINESS TAX RECEIPT.
WHEREAS, at the beginning of 2014, the Planning Department initiated an on-
going internal review of all Planning processes and procedures commencing with the Fee
in Lieu Parking (PlF) program; and
WHEREAS, the review included a pool of approximately 180 PIF accounts
managed by the department and, during the review of the selected accounts, staff
observed irregularities ranging from minor to material deficiencies in the management of
the program which were outlined in the report submitted to the City Commission on
September 17th, 201 4: and
WHEREAS, during the November 12, 2014 Finance and Citywide Projects
Committee meeting, the Administration recommended that the Committee provide
administration with appropriate policy direction; and
WHEREAS, the Finance and Citywide Projects Committee provided direction to the
City Manager, Administration and the City Attorney, as reflected below.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the Mayor and City
Commission accepting the following recommendations of the Finance and Citywide
Projects Committee with regard to the collection of outstanding Fee in Lieu of Parking (PlF)
accounts and authorizing the City Administration and City Attorney's Office to take any
and all such action as required, including invoicing and sending out notices of payment for
PIF accounts for fiscal years 2010 through 2015; where appropriate, entering into
settlement negotiations for payments of PIF accounts, subject to final approval of any
proposed settlement(s) by the City Commission; and, where unable to collect payment
and/or negotiate an approved settlement, further authorizing the City Attorney's Office to
institute the filing of a lawsuit to collect the debt, and authorizing the administration to take
any appropriate accompanying action(s) including, without limitation, the revocation of a
836
delinquent account's certificate of occupancy, certificate of use or business tax receipt.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
day of ,2014.
Philip Levine, Mayor
CiiyAtlorney
sE,f8[iR8ilB,i ron ExEcuIloN&g# #'{+
837
THIS PAGE INTENTIONALLY LEFT BLANK
838
IrI
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY
TO: Mayor Philip Levine
Members of the Gity Gommission
City Manager Jimmy Morales
COMMISSION MEMORANDUM
FRoM: City Attorney Raul t. asrilSf.r.f 0 * \-
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO.
2012.28041 WHICH ADOPTED ADMINISTRATIVE RULES FOR
CHAPTER 70, ARTICLE II, DIVISION 2 OF MIAMI BEACH CITY
CODE ENTITLED "BICYCLING, SKATEBOARDING, ROLLER
SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," DUE TO THE ADOPTION OF SA!D
ADMINISTRATIVE RULES WITHIN THE CITY CODE PURSUANT TO
oRDTNANCE NO. 2014-3883.
The attached Resolution repeals a prior Commission Resolution adopted in 2012 which
established Administrative Rules for electric personal assistive mobility devices. Subsequent to
the passage of Resolution No. 2012-28041, amendments were made to Chapter 70 of the City
Code which, among other things, incorporated the Administrative Rules into the City Code and
established regulations for a) persons operating electric personal assistive mobility devices and
b) persons and businesses providing rentals, leases and/or tours of electric personal assistive
mobility devices. Therefore, as the provisions which were initially established in Resolution No.
2012-28041 have now been incorporated within the City Code pursuant to Ordinance No. 2014-
3883, and as such regulations have been subsequently amended and may be amended in
future, Resolution No. 2012-28041 should be repealed in its entirety.
Agenda ltem R? V
oate ll-14-19
F:\ATTO\TURN\COMMMEMO\Repealing Resolution No. 2012-28041
839
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REPEALING RESOLUTION NO.
2012.28041 WHICH ADOPTED ADMINISTRATIVE RULES FOR
CHAPTER 70, ARTICLE II, DIVISION 2 OF MIAMI BEACH CITY CODE
ENTITLED "BICYCLING, SKATEBOARDING, ROLLER SKATING, IN.
LINE SKATING, AND MOTORIZED MEANS OF TRANSPORTATION,"
DUE TO THE ADOPTION OF SAID ADMINISTRATIVE RULES WITHIN
THE CITY CODE PURSUANT TO ORDINANCE NO.2014.3883.
WHEREAS, on October 24, 2012, the Miami Beach City Commission adopted
Resolution No. 2012-28041 which established Administrative Rules regarding a) the
responsibilities of persons and business entities providing rentals, leases, and/or tours of
electric personal assistive mobility devices and b) the responsibilities of persons operating
electric personal assistive mobility devices; and
WHEREAS, on July 23, 2014, the Miami Beach City Commission adopted Ordinance
No.2014-3883 which revised and incorporated the Administrative Rules within Division 2 of
Article ll of Chapter 70 of the Miami Beach City Code, entitled "Bicycling, Skateboarding, Roller
Skating, ln-Line Skating and Motorized Means of Transportation," thereby superseding the
provisions in Resolution No. 2012-28041.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that due to the adoption of
Ordinance No. 2014-3883 on July 23,2014, that incorporated the Administrative Rules within
the City Code, Resolution No. 2012-28041 is hereby repealed in its entirety.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
day of November, 2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
!
& FqR EXECUT]ONt C- l- {,1'-ui '-
F:\ATTO\TU RN\RESOS\Repealing Resolution 201 2-28041 .docx
840
R7 - Resolutions
R7W A Resolution Expressing Support For Expediting The Next Phase Of The Beach
Corridor Transit Connection Project Which Evaluates Mass Transit Connectivity
Between Miami And Miami Beach; And Urging The Transportation Partners (i.e. Florida
Department Of Transportation, Miami-Dade Transit, City Of Miami, And City Of Miami
Beach) To Allocate The Necessary Funding Required To Advance To The Next Phase
Of The Project (i.e. Project Development And Environment Phase); And Further
Requesting That The Transportation Partners Explore The lmplementation Of An lnterim
Mass Transit Solution ln The lmmediate Term.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Transportation)
(Memorandum to be Submifted in the Supplemental)
Agenda ltem R-l tYrl
oate ll-14/V841
THIS PAGE INTENTIONALLY LEFT BLANK
842
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
843
[l r,l:,.t = l- j
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.oov
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-7411, Fax: (305) 673-7254
COMMIS MEMORANDUM
To:
From: Jimmy L. Moroles, City Monoger
Dote: November 19, 2014
Subject: BOARD AND COMMITTEES
ADMINISTRATION RECOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY:
Affordable Housing Advisory 18 City CommissionCommittee Commissioner Ed Tobin
TOTAL PAGE
5 Page 2
1
Page 3
Convention Center Advisory Board
Design Review Board
Disability Access Committee
Commissioner Ed Tobin 1 Page 11
City Commission 1 Page 12
14 Commissioner Jonah M. Wolfson 1 Page 14
We are committed to providing exceltent pubtic service and safety to all who live, work and ptay in our vibrant, trolfiggnd3 t,"rn R ?A- ,Date U-tt-lL(844
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPOINTED BY: TOTAL PAGE
Health Advisory Committee 11 City Commission I pase t7
Marine and Waterfront Protection 14 Commissioner Jonah M. Wolfson 1 page 23
Authority
Miami Beach Commission For 21 Commissioner Ed Tobin 2 pase2z
Women
Miami Beach CulturalArts Council 11 City Commission 1 Page2l
Police Citizens Relations
Committee
14 Mayor Philip Levine 1 Page 37
Transportation, Parking, Bicycle- 14 Commissioner Ed Tobin 1 pase 40
Ped. Fac. Comm.
Attached is breakdown by Commissioner or City Commission:
JLM:REG/srO
845
Vacancy Report
Full Name
City Commission
Affordable Housing Advisory Committee
Design Review Board
Health Advisory Committee
Miami Beach Cultural Arts Council
Commissioner Ed Tobin
Affordable Housing Advisory Committee
Convention Center Advisory Board
Miaml Beach Commission For Women
Transportation, Parking, Bicycle-Ped. Fac. Comm.
Commissioner Jonah M, Wolfson
Disability Access Committee
Marine and Waterfront Protection Authority
Mayor Philip Levine
Police Citizens Relations Committee
Board Name Vacancy
5
1
1
1
1
I
2
1
1
1
1
Friday, November 07, 2011 Page I ofl
846
Board and Committees Current Members
Ad Hoc Committee Centennial Celebration 2014'28531
Composition:
The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations
peftaining to all matters with respect to events and activities related to the City of Miami Beach
Centennial on March 26,20t5, and who shall repoft 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, 20L3 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
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carmen (Maria) Lopez
Dawn McCall
George Neary
Jay Dermer
Ray Breslin
Reagan Pace
Sheila Duffy-Lehrman
713112015 Commissioner Micky Steinberg
713112015 CommissionerJoyMalakoff
713112015 CommissionerDeedeWeithorn
713112015 Commissioner Jonah M. Wolfson
713112015 CommissionerMichael Grieco
713112015 Mayor Philip Levine
713112015 Commissioner Ed Tobin
Applicants Position/Title Applicants Position/Title
Brian Falk Dennis Mouyios
Lisa AlmyDr. Barry Ragone
Meryl Wolfson
Monday, November 10, 2014 Page I of42
847
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
con nection 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 9763.3174
(Planning Board member);
9) One citizen who resides within the jurisdiction of the local governing body making the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One citizen who represents essential seryices 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 7213712074 City Commission
Stephanie Berman
To replace Robert ('l) Res. Home Bldg. t2l3tl20l4 City Commission
Saland
To replace Adrian (9) Res. Juris Local Gov 7213t12015 City Commission
Adorno
To replace Karen (11) Rep. Essential Ser. 1213712015 City Commission
Fryd
Monday, November 10, 201 4 Page 2 of42
848
Board und Committees Current Members
To replace Jeremy (4) Low-lncome Adv
Glazer
Vacant
7213U2015 City Commission
t2l3tl20L4 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
(3) Rep. Labo H.Bld. TL12-3
(8) Local Planning
(2) Banking/Mortgage
(10) Rep. Empl. With/jurisdic
(5) For Profit
(7) Real Estate Professional
Commissioner MickySteinberg 12131121
City Commission 12131114
City Commission 12131121
Commissioner Jonah M. Wolfson 12131121
City Commission 12131116
CommissionerJoyMalakoff 12131121
City Commission 12131121
Mayor Philip Levine 12131121
Commissioner Deede Weithorn 12131121
City Commission 12131117
CommissionerMichaelGrieco 12131121
City Commission 12131121
1213112015
12t31t2014
1213112014
1213112015
1213112014
12t31t2015
12t31t2015
1213112014
1213112015
1213112014
1213112014
1213112015
Applicants Position/Title Applicants Position/Title
Britta Hanson
Eric Lawrence
Guy Simani
Joseph Landesman
Lawrence Raab
Stephanie Berman
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Josephine Pampanas
Prakash Kumar
Monduy, November 10, 201 4 Page 3 of42
849
Board and Committees Curuent Members
Art in Public Places
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appointed by a majority of the entire City Commission, and who shall
possess a high degree of competence in evaluation of art history and architectural history, art,
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:
Sec. 82-561
Cathy
Chana
Janda
Megan
Ombretta
Patricia
Susan
Byrd
Sheldon
Wetherington
Riley
Agro Andruff
Frost
Caraballo
12t31t2014
1213112015
12131t2014
12131t2014
1213112015
1213112015
1213112014
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t19
12131119
12131t16
1213'U16
12131t19
12131119
12131118
Applicants Position/Title Applicants PositioniTitle
Adrian Gonzalez
Alexander Orlofsky
Carolyn Baumel
Dale Stine
Francinelee Hand
Laura Levey
Lori Nieder
Michael McManus
Mirta Limonta
Susan Schemer
Veronica Camacho
Adrienne Krieger
Allee Newhoff
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Leslie Tobin
Matteo-Salinas Monica
Michelle Ricci
Scott Robins
Vanessa Menkes
Monday, November 10, 2014 Page 4 of42
850
Board und Committees Current 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.
City Liaison: James Sutter
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
FS 218.391 &
,{q ?o
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandy
Unger
Kaufman
Weithorn
Gidney
Wdl
Starkman
Hon,uitz
CPA
CPA
CPA
CPA
1213112017
12t31t2015
1213112015
12131t2017
12t31t2015
12t31t2017
1213112015
Commissioner Joy Malakoff FS 218.39
Commissioner Ed Tobin FS 218.39
Commissioner Deede Weithorn FS 218.39
Commissioner Micky Steinberg FS 281.39
Mayor Philip Levine FS 218.39
Commissioner Michael Grieco FS 218.39
Commissioner Jonah M. Wolfson FS 218.39
Monday, November 10, 2014 Page 5 of42
851
Board and Committees Current Members
Board of Adjustment RSA l-2 Sec 1 18-
,l4,|
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, Cetified 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:
Barton Goldberg Financial Advisor 12131120'15 City Commission 12131119
Bryan Rosenfeld CPA 1213112015 City Commission 12131115
Heidi Tandy At-Large 1213112015 City Commission 12131119
Larry Colin Gen. Business 1213112015 City Commission 12131119
Noah Fox Real Estate Developer 1213112014 City Commission 12131118
Richard Preira Law 1213112014 City Commission 12131116
Richard Baron At-Large 1213112014 City Commission 12131119
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
Monday, November 10, 2014 Page 6 of 42
852
Board und Committees Current Members
Budget Advisory Committee sec'2'44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing 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 portal located at
http://miamibeachfl.gov; and under the CITY MEETINGS section, located on the right hand side of the
webpage, click on the "Agenda - Agenda Archives" link; thereafter choose the first listed Commission
meeting, and click on City Commission At-Large Nominations.
City Liaison: John Woodruff
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. (T112l3112014)
12131t2014
12t31t2015
12131t2014
1213112015
1213112015
1213112015
1213112014
12t31t2014
1213112014
City Commission
Mayor Philip Levine
12t31t19
12t31t21
Commissioner Deede Weithorn 12131118
Commissioner Jonah M. Wolfson 12131115
CommissionerJoyMalakoff 12131115
CommissionerMichael Grieco 12131116
Commissioner Ed Tobin 12131121
City Commission 12t31t14
Commissioner Micky Steinberg 12131121
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Michael Levine
Noah Fox
Robert Schwartz
Monday, November 1 0, 20 I 4
Carl Linder
Elliott Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Page 7 of42
853
Bourd und Committees Current Memhers
Committee for Quality Education in MB Sec.2-190.134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
North 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:
Betsy
Beverly
Judith
Karen
Keren
Michelle
Tiffany
Mateu
Heller
Berson-Levinson
Rivo
Bajaroff
Thomas
Heckler
1213112014
1213112015
1213112014
1213112015
12t31t2014
12t31t2014
12t31t2015
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner Deede Weithorn 12131115
Commissioner Ed Tobin 12131115
CommissionerMichael Grieco 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 School06l30ll5
ACM/City Manager designee
Rep. of the PTA for Biscayne Elementary 06130115
Rep. ofthe PTA for Feinberg Fisher K-8 061301L5
Rep. of the PTA South Pointe Elementary 06130115
Rep. of PTA North Beach Elem. School 06130115
Rep. of PTA for Treasure Island Elem. 06130115
Rep. of the PTA for MB Sr. High School 06/30/15
Rep. PTA for Ruth K. Broad KB-06/30/15
Monday, November 1 0, 201 4 Page 8 of42 (Contiruted....
854
Board und Committees Current Members
Applicants Position/Title Applicants PositioniTitle
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Laurie Kaye Davis
Jessica Burns
Kristen Rosen Gonzalez
Tashaunda Washington
Monday, November 10, 2014 Page 9 of42
855
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: North Beach (North Beach Development Corp), 41st Street (Middle Beach
Paftnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordinator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Department and the
City Attorney's 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
Gratz
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Limonta
Zuckerman
(TL12t3112014)1213112014
1213112015
1213112015
1213112014
12t3112014
12t31t2015
12t31t2014
12t3112015
12131t2015
CommissionerJoyMalakoff 12131114
Mayor Philip Levine 12131121
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131121
Commissioner Ed Tobin 12131116
CommissionerMichael Grieco 12131117
Commissioner Jonah M. Wolfson 12131121
Mayor Philip Levine 12131121
Commissioner Deede Weithorn 12131117
Applicants Position/Title Applicants Position/Title
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Monday, November I 0, 2014
Eda Valero-Figueira
Magui Benitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Page 10 of42
856
Board 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 serve as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serue as a non voting ex-officio member.
Ad m i n istrative representatives from the ma nagement 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
L213L12074 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goidberg
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 12131121
12131120'15 CommissionerDeedeWeithorn 12131121
12131120'14 CommissionerMichaelGrieco 12131121
1213112014 CommissionerJoyMalakoff 12131116
1213112015 Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Carl Linder
Howard Weiss
Karen Brown
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Gotlinsky Barbara
James Weingarten
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Monday, November 10, 201 4 Page 11 of42
857
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 preseruation 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
Vacancy:
To replace Vincent Landscape Architect L213t12015 City Commission
Filigenzi
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annabel Delgado- Registered Architect 1213112015 City Commission 12131119
Harrington
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
Gary Held advisory/City Attorney Designee
Thomas Mooney advisory/ Planning Dept. Director
Vacant ex-officio/Disability Access Committee
Applicants Position/Title Applicants Position/Title
Andres Asion
Brian Ehrlich
Clotilde Luce
Deborah Castillo
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Daniel HerEberg
Deena Bell
Monday, November 10, 2014 Page I2 of 42 (Continuea....
858
Board and Committees Cuwent Members
Francinelee Hand
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Matthew Krieger
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Marina Novaes
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Ballestas
n;;;i"i";fz)Monday, November 10, 201 4
859
Board and Committees Current Members
Disability Access Committee
Composition:
The Committee shall be composed of:
A board quorum of eight (B) members and requiring at least eight (B) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the
community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality (restaurant or hotel), and health care
(or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disabled community or has
special knowledge of Americans with Disabiities Act (ADA) issues.
As per ordinance 20ll-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 reporting 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
fourteen (1a) and amended the quorum requirement.
City Liaison: Valeria Mejia
Vacancy:
To replace Lee
Weiss
L2l3U20t4 Commissioner Jonah M. Wolfson
Members:
2006-3s00 s 2-31
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David McCauley
David New
Dr. Elsa Orlandini
Dr. Susan Solman
Helen Swartz
Lawrence Fuller
Leif Bertrand
Matthew Meyer
Oliver Stern
Russell Hartstein
Sabrina Cohen
Susana Maroder-Rivera
Wendy Unger
Ex-officio member
1213112014 CommissionerJoyMalakoff 12131120
1213112014 CommissionerDeedeWeithorn 12131115
1213112015 CommissionerMichaelGrieco 12131121
1213112015 CommissionerDeedeWeithorn 12131119
1213112015 CommissionerJoyMalakoff 12131118
1213112015 CommissionerMickySteinberg 12131121
1213112015 Commissioner Jonah M. Wolfson 12131121
1213112015 Commissioner Ed Tobin 12131120
1213112014 CommissionerMichaelGrieco 12131121
1213112015 Mayor Philip Levine 12131119
1213112014 Commissioner Ed Tobin '12131117
1213112014 CommissionerMickySteinberg 12131121
1213112014 Mayor Philip Levine 12131116
Monday, November 10, 201 4 Page l4 of 42 (Continued..
860
Board and Committees Current Members
Applicants Position/Title Applicants PositioniTitle
Britta Hanson Rafael Trevino
Zachary Cohen
Monday, November 1 0, 201 4 Page 15 of42
861
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 required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
James
Jorge
Laura
Marivi
Mark
Michael
Nelida
Ronald
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Weingarten
Richa
Veitia
lglesias
Wylie
Bath
Barrios
Wolff
Barker
1213112014
1213112015
12t31t2014
1213112014
1213112015
1213112014
12t31t2015
12t31t2015
12t31t2014
1213112015
1213112015
12t31t2014
12t31t2014
12t31t2015
12t31t2015
Commissioner Ed Tobin 12131116
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131121
Mayor Philip Levine 12131117
CommissionerMichaelGrieco 12131116
Commissioner Deede Weithorn 12131118
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131117
Commissioner Deede Weithorn 12131116
CommissionerMichael Grieco 12131121
CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants Position/Title
Eric Hirsch
Otiss (Arah) Lester
Rebecca Boyce
Steven Adkins
Karen Brown
Rafael Trevino
Stephen Fox, Jr.
Walker Burttschell
Monduy, November 1 0, 201 4 Page l6 of42
862
Bourd and Committees Current Members
Health Advisory Committee Sec' 2'81 2002'
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
Depadment. 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:
Members:
Vacant CEO/MB Comm. Health L2l3Ll20L5 City Commission
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Anthony Japour ACLF 1213112014 City Commission 12131116
Dr. Andrew Nullman Physician (1L'1213112014) 1213112014 City Commission 12131114
Dr. Daniel Nixon Corporate Individual 1213112015 City Commission 12131119
Dr. David Farcy Private lndividual 1213112015 City Commission 12131119
Dr. Jeremy Green Physician
Dr. Stacey Kruger Physician
1213112014 City Commission 12131119
1213112014 City Commission 12131116
Dr. Todd Narson Health Provider 1213112015 City Commission 12131116
Rachel Schuster ACLF 1213112014 City Commission 12131116
Steven Sonenreich CEO/MI. Sinai/MH (NTL) 1213112014 City Commission
Tobi Ash Nursing Profession 1213112015 City Commission 1213'1115
Julie Zaharatos Rep. from the Health Council of South Fla
Maria Ruiz ex-officio, Director of Children's Affairs
Applicants Position/Title Applicants Position/Title
Christine Butler Dr. Michael Hall,
Jared Plitt Kara White
Zachary Cohen
Monday, November 10, 2014 Page I7 of42
863
Bourd und Committees Curuent 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 serue as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Arthur Unger Accountant 611912016 City Commission FS 154-207
Dr. Mark Sinnreich Health Provider 611912015 City Commisslon FS 154-207
Dr. Michael Hall, Health Provider 611912018 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
Monday, November 10, 201 4 Page 18 of42
864
Board and Committees Current Members
Hispanic Affairs Committee
Composition:
The committee shall consist of seven
one (1) appointment.
City Liaison: Nannette Rodriguez
Members:
Sec.2-190.21
(7) members, with the Mayor and each Commissioner making
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
David
Eneida
Francis
Veronica
Fernandez
Velasco
Purrinos
Cardenas
Mena
Trullenque
Camacho
1213112015
12t31t2014
12t31t2014
12t31t2014
12t31t2014
1213112015
1213112015
Commissioner Deede Weithorn 12131121
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131116
Commissioner MickySteinberg 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
Monday, November 10, 2014 Page 19 of42
865
Bourd and Committees Cuwent 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 preservation.
6) A member of the faculty of a school of architecture in the state of Florida, with academic expertise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
All members of the board except the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urban planning and university faculty member of the
board shall be residents of the city, provided; however, that the City Commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residency requirements is
available to serve on the board and is exceptionally qualified by training and/or experience in 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
't2t31t2015
1213112014
1213112014
1213112014
't213112015
12t31t2014
1213112015
12131115
12t31t16
12t31t15
12t31t16
12t31t19
12131114
12t31t19
Attorney
Atlarge
MDPL
Dade Heritage
Registered Architect
At-large
Faculty Member
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Applicants Position/Title Applicants Position/Title
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
Raymond Adrian
Monday, November I 0, 201 4
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
Richard Alhadeff
Poge 20 of 42 (Continued....
866
Board und Committees Current Members
Sam Rabin Jr.
Monday, November 10, 2014 Page 2I of42
867
Board und Committees Current Members
Housing Authority Reso 7031 421'05
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
Appointments To Be Made :
Raymond Adrian HA Commissioner 1011112014 Bower Levine 10111118
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
Applicants Position/Title Applicants Position/Title
Gotlinsky Barbara Prakash Kumar
Monday, November 10, 201 4 Page 22 of42
868
Board and 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 watefronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information peftaining to the matters
before them.
AS PER ORDTNANCE 2074-3841, NEW COMPOSIION EFFECTTVE 0513U20U:
City Liaison: Manny Villar
Vacancy:
t2/3U2014 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 FL 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 Commissioner DeedeWeithorn 12131121
1213012015 Mayor Philip Levine 12131121
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerMichaelGrieco 12131114
1213112015 Commissioner Jonah M. Wolfson 12131116
1213112015 CommissionerJoyMalakoff 12131121
1213112014 CommissionerMlckySteinberg 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 Position/Title Applicants Position/Title
Adrian Gonzalez
Eric Lawrence
Mayela Mueller
Dr. Michael Hall,
Julio Magrisso
Michael Levine
Monday, November 10, 2014 Page 23 of42
869
Board and Committees Cuwent Members
Mayors 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 section 2-23(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:
Brian Falk
Eric Lawrence
Lyle Stern
Saul Gross
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
Monday, November 10, 2014 Page 24 of42
870
Board und Committees Current Members
Mayors 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
Monday, November 10, 2014 Page 25 of42
871
Bourd and Committees Current Members
Mayors 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 North 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
serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Jeff Oris
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
Monday, November 10, 2014 Page 26 of 42
872
Bourd und Committees Current 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:
To replace
Gertrude Arfa
t2l3Ll20I4 Commissioner Ed Tobin
Members:
2007-3570 S 2190-
1
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Adrienne
Carrie
Debra
Dona
Dr. Corey
Francinelee
Heather
Jessica
Karen
Laura
Laurie Kaye
Leslie
Lindsay
Mercedes
Nikki
Regina
Regina
Roberta
Tiffany
Vanessa
Krieger
Wiesenfeld
Quade
Zemo
Narson
Hand
Davis
Conn
Edelstein
Colin
Davis
Coller
Genet
Carlson
Weisburd
Suarez
Berman
Gould
Lapciuc
Menkes
1213112016 CommissionerJoyMalakoff 12131121
1213112014 CommissionerMichaelGrieco 12131121
1213112015 CommissionerMickySteinberg 12131119
1213112014 Mayor Philip Levine 12131121
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerJoyMalakoff 12131116
1213112015 Commissioner Ed Tobin 12131121
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
1213112015 Commissioner Jonah M. Wolfson 12131117
1213112014 Mayor Philip Levine 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
Matteo-Salinas Monica
Monica Casanova
Patricia Valderrama
Rocio Sullivan
Tamra Sheffman
Barbara Kaufman
Dale Gratz
Elizabeth Resnick
Helen Swartz
Joanna Popper
Joyce Garret
Marjorie O'Neill-Buttler
Meryl Wolfson
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Monday, November 10, 2014 Page 27 of42
873
Bourd and Committees Current Members
Miami Beach Cultural Arts Council Sec. 2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 3\,200L, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31,2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace Alan
Randolph
L2l3tl20l6 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Beatrice
Charles
Eda
Gregory
lleana
Marjorie
Merle
Richard
Susan
Zoila
Hornstein
Million
Valero-Figueira
Melvin
Bravo-Gordon
O'Neill-Buttler
Weiss
Alhadeff
Schemer
Datorre
IL 12t31t2014)
$L 12t3112014)
1213112015
1213112016
1213112014
1213112014
't2t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
1213112014
12t31t15
12t31t17
12t31t14
12t31t15
12t31119
12t31115
12t31t17
12t31t19
12t31t19
12131114
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Dr. Daniel Nixon
Eugenio Cabreja
Jenna Ward
Kara White
Marian Del Vecchio
Matteo-Salinas Monica
Monica Harvey
Pedro Menocal
Vanessa Menkes
Bradley Ugent
Elliott Alhadeff
Janda Wetherington
Joanna Popper
Kevin Kelsick
Mark Balzli
Michael McManus
Otiss (Arah) Lester
Sam Rabin Jr.
Wesley Castellanos
Page 28 of42
874
Board und Committees Current Members
Miami Beach Human Rights Committee
Composition:
The committee shall consist of a minimum of five (5) and a maximum of eleven (11) members, with
one (1) out of every five (5) members, to be a direct appointment by the Mayor, and with the
remaining members to be at-large appointments of the City Commission.
The members of the committee shall reflect as nearly as possible, the diversity of individuals
protected under the City's Human Rights Ordinance. In keeping with this policy, not less than two (2)
months prior to making appointments or re-appointments to the committee, the City Manager shall
solicit nominations from as many public service groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess, in addition to the general qualifications set
fofth 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
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
2010-3669
Alan
Amy
Bernardo
Bradley
lvan
Monica
Rachel
Rafael
Walker
Fishman
Rabin
Collado
Ugent
Cano
Harvey
Umlas
Trevino
Burttschell
12131116
12131119
12t31t21
12t31t18
12t31t19
12t31t18
12t31t18
12t31t16
12t31t16
1213112015 City Commission
1213112014 City Commission
1213112014 Mayor Philip Levine
1213112015 City Commission
1213112015 City Commission
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
1213112015 City Commission
Applicants Position/Title Applicants Position/Title
Andrea Travaglia
Deborah Robins
Lisa Almy
Michael Levine
Stephen Fox, Jr.
Monday, November 10, 201 4
Christine Butler
Dr. Andrew Nullman
Lisa Almy
Rafael Leonor
Page 29 of42
875
Bourd and Committees Cuwent 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 fufthering 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
12t31t2015
12t31t2015
12t3112015
12131t21',t4
12t31t20',t4
12t31t2015
12t31t2014
1213112014
1213112015
1213112014
1213112014
1213112014
12t31t2015
1213112015
12131120',t4
1213112015
12t31t2015
1213112015
1213112014
1213112014
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 Phillp Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
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
12t31t21
12131121
12131121
12t31t16
12131121
12131121
12131121
12t31t21
12t31t21
12t31t21
12t31t21
12t31t21
12131t21
12t31t21
12t31t21
12t31t21
12131121
12t31t16
12t31t21
12t31t21
Applicants PositioniTitle Applicants Position/Title
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Joseph Hagen
Lila lmay
Rebecca Boyce
Tamra Sheffman
Wesley Castellanos
Monday, November 10, 2014 Page 30 of42
876
Bourd and 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 )uly 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 (TL1213112014) 1213112014 City Commission 12131114
Applicants Position/Title Applicants Position/Title
Lori Nieder
Page 31 of42Monday, November 1 0, 201 4
877
Board and Committees Current Members
Parks and Recreational Facilities Board Sec' 2-171
Composition:
The Parks and Recreational Facilities Board shall be comprised of thifteen (13) 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
expeftise 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 paticipation 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 Position/Title Term Ends: Appointed by:Term Limit:
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
Tennis
Scott Rakow Youth Ct.
Tennis
Golf
Golf
No. Shore Park Youth Ct.
1213112014 City Commission 12131121
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 CommissionerMichaelGrieco 12131121
1213112014 Commissioner Jonah M. Wolfson 12131115
1213112015 City Commission 12131119
1213112014 CommissionerDeedeWeithorn 12131117
1213112015 CommissionerJoyMalakoff 12131121
1213112014 Commissioner Ed Tobin 12131115
1213112015 CommissionerMickySteinberg 12131121
1213112014 Mayor Philip Levine 12131121
1213112014 City Commission 12131119
1213112014 City Commission 1213'1119
Applicants Position/Title Applicants Position/Title
Beverly Heller
Chris Growald
Daniel Nagler
Joseph Conway
Lindsay Genet
Bruce Reich
Christopher Todd
Eneida Mena
Joseph Hagen
Mark Balzli
Monday, November 10, 2014 Page 32 of 42 (Continued....
878
Bourd und Committees Current Members
Mojdeh Khaghan
Sam Rabin Jr.
Wesley Castellanos
Nawaz Gilani
Tiffany Heckler
Monday, November 10, 2014 Page 33 of42
879
Bourd and Committees Curuent 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
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 eleded7l3U2014 exp. 713L12017 Group I
Eduardo Carranza elededBl29l2014 exp. 0713112016 Group II
Evette Phillips eleded710912012 exp. 7l3Ll20L5 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
*fi;;;;;"i,;;;;;;;i"o;';t:i4
Dr. Elsa Orlandini
Nancy Wolcott
Page 34 of42
880
Bourd and Committees Curuent Members
Planning Board Sec' 118'51
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) regular voting members. The voting members shall have considerable experience in
general business, land development, land development practices or land use issues; however, the
board shall at a minimum be comprised of:
1) one architect registered in the state of Florida; or a member of the faculty of a school of
architecture in the state, with practical or academic 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 preservation 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 preseruation, 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 PositionlTitle 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/Title Applicants Position/Title
Andres Asion
Christine Florez
Daniel Veitia
Deborah Castillo
Jack Benveniste
Jared Galbut
Jennifer Lampert
Brian Ehrlich
Daniel Hertzberg
David Wieder
Dominique Bailleul
James Silvers
Jeffrey Cohen
Jessica Conn
Monday, November 10, 201 4 Page 35 of 42 (Continued....
881
Board and Committees Current Members
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Seth Frohlich
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Scott Needelman
Suzanne Hollander
Monday, November 10, 2014 Page 36 of42
882
Bourd and Committees Cuwent Members
Police Citizens Relations Committee
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 DanielJ. Oates
Vacancy:
To replace
Alejandro
Dominguez
Members:
LZl3ll20l5 Mayor Philip Levine
Sec. 2-190.36
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
Plitt
Nadel
Broad
Wolfson
Perlmutter
Gonzalez
Lopez
Oppenheimer
Leser
Lucero
1213112014
1213112015
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
1213112014
1213112015
12t3112015
12t31t2014
12t31t2015
12t31t2015
CommissionerJoyMalakoff 12131121
CommissionerMickySteinberg 12131121
CommissionerMickySteinberg 12131121
Commissioner Deede Weithorn 12131115
CommissionerMichaelGrieco 12131121
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131120
Commissioner Ed Tobin 12131115
Mayor Philip Levine 12t31t21
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
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
uiiiiii Ni,i^ffffib,)ort
Deborah Ruggiero
Eugenio Cabreja
Joseph Hagen
Larry Colin
Lee Zimmerman
Lori Gold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Richard Preira
Zeiven Beitchman
Page 37 of42
883
Board und Committees Cuwent Members
Production Industry Council
Composition:
The council shall consist of seven (7) voting members, the Mayor and each
one direct appointment.
All regular members shall have knowledge of the fashion, film, news media,
Sec. 2-71
Commissioner shall make
production, television and
or recording industries of the city.
Each of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Aleksandar
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Stojanovic
Nerey
Orosz
Davidson
Popper
Kravitz
LegaulLMendoza
Production
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
1213112014
1213112015
12t31t2014
12t31t2014
1213112014
1213112015
12t31t2015
Mayor Philip Levine 12131121
Commissioner Deede Weithorn 12131118
Commissioner Ed Tobin 121311'15
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131121
Commissioner Micky Steinberg 12131121
Commissioner Jonah M. Wolfson 12131117
Applicants Position/Title Applicants Position/Title
lrene Samantha Bratter
Monday, November 10, 2014 Page 38 of42
884
Board and Committees Current Members
Sustainability Committee 2008-361 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
12t31t2015
1213112015
1213112015
1213112014
12t31t2014
12t31t2015
CommissionerJoyMalakoff 12131121
Mayor Philip Levine
Commissioner Micky Steinberg 12131120
Commissioner Deede Weithorn 12131115
Commissioner Jonah M. Wolfson 12131115
Commissioner Ed Tobin 12131121
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12t31t21
Applicants Position/Title Applicants Position/Title
Amy Rabin Andrea Travaglia
Marivi lglesias
Walker Burttschell
Jenifer Caplan
Russell Hartstein
Monday, November 10, 2014 Page 39 of42
885
Bourd and Committees Current 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:
1) Miami Beach Chamber of Commerce's Transportation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Drive Association,
4) Miami Design Preservation League,
5) North Beach Development Corporation,
6) Mid-Beach Neighborhood or Business Association,
7) Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serve at the will of the committee. Seven (7)
members of the committee shall consist of a quorum of the committee and shall be necessary in
order to take any action.
The members of the voting committee shall have knowledge of and interest in transportation and
parking and their impact on the city. The members designated by their respective community
organization shall provide a letter from such organization certifying that designation to the city clerk.
AS PER ORDINANCE 2014-3847, NEW COMPOSTTON EFFECTIVE 0513U20t4:
City Liaison: Saul Frances
Vacancy:
To replace Maria
Mayer
72/3L120L5 Commissioner Ed Tobin
Member Lincoln Road M
Members:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
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
Monday, November 10, 2014 Page 40 of 42 (Contiruted...
886
Bourd und Committees Current Members
Applicants Position/Title Applicants Position/Title
Leif Bertrand
Lindsay Genet
Lisa Almy
Rafael Leonor
Monday, November 1 0, 201 4
Lila lmay
Lisa Almy
Mayela Mueller
Robert Lopez
Page 4l of42
887
Board and Committees Curuent Members
Visitor and Convention Authority Sec. 102-246
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) member who shall be permanent residents of Miami-Dade County.
The seven (7) members of the authority shall be representative of the community as follows:
1) Not less than two (2) nor more than three (3) members shall be representative of the hotel
industry;
2) and the remaining members none of whom shall be representative of the hotel industry, shall
represent the community at-large. Any member of the authority or employee therefore violating or
failing to comply with provisions of this afticle shall be deem to have vacated his office or position.
City Liaison: Grisette Roque.
Members:
Name Last Name PositionlTitle Term Ends: Appointed by:Term Limit:
Aaron
Adrian
Daniel
Margaret
(Pessv)
Stephen
Steven
Tim
Perry
Gonzalez
Hertzberg
Benua
Hertz
Adkirrs
Nardi
12t31t2014
1213112015
12t31t2015
1213112014
1213112015
1213112014
1213112015
Commission
Commission
Commission
Commission
Commission
Commission
Commission
12131116
1213',1119
12131119
12t31t17
12t31119
12t31114
12t31t19
AtLarge
At-Large
Hotel lndustry
At-Large
At-large FL 12131 1201 4)
Hotel lndustry
City
City
City
City
City
City
City
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
Monday, November 1 0, 201 4 Page 42 of 42
888
Gity Gommission Gommittees
Gommittos Pmftim [irst ]lams lppointsil by
Finance & Citywide Projects Commiftee
Flooding Mitigation Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Michael Grieco
Patricia Walker, CFO
Commissioner Johah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Ed Tobin
Bruce Mowry
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Michael Grieco
Commissioner Deede Weithorn
Thomas Mooney, Planning Dir.
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Land Use & Development Committee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Neighborhood/Comm unity Affairs Committee
Monday, November 10, 2014 Page 1 of2
889
G0mmittss P0siU0n Hrst llams lppointsd [y
Alternate Commissioner Joy Malakoff Mayor Levine
Liaison Barbara Hawayek, City Manager
Monday, November 10, 2014 Page 2 ol 2
890
:=:
:::::::::::::::-.* iers ' ?01a*
.. i- ,
NON-CITY COMMISSION COMMITTEES
Moyor Philip levine
o Miomi-Dode Metropoliton Plonning Orgonizotion
Commissioner Deede Weithorn
o Miomi-Dode County Homeless Trust Boord
Commissioner Joy Molokoff
. FIU Wolfsonion Advisory Boord
Victor Dioz
. Miomi-Dode County Chorter Review Tosk Force
Ricky Arriolq, Lorry Colin ond Richord Milstein. Adrienne Arsht Center - Performing Arts Center Trust
Christine A. Gudqiris ond Bqrboro Herskowitz
. Public Librory Advisory Boord
VACANT:
o Citizens' Oversight Committee/lnterlocol Agreement for Public School Focility
Plonning MDC
. FIU Wolfsonion Advisory Boord
. Florido Leogue of Cities
. Girl Power Honorory Member
o Greoter Miomi Convention ond Visitors Bureou Executive Committeeo lnternotionol Hisponic Network
o lnternotionol Women's Forum - Arvo Moore Porks
o Miomi-Dode County Leogue of Cities
. Miomi-Dode County Tourist Development Council
o Notionol Leogue of Cities
o South Florido Eost Coost Corridor Coolition
. U.S. Conference of Moyors
F:\CLER\BOARD AND COMMITTIES DATABASE\NON CITY COMM\Non-City Commission os of November 20l4.docx
891
r--..-,i
I--
Cityof Miqmi Beoch, l/00 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offthe City
FRoM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: BOARD AND COMMITTEE
APPO!NTMENTS
APPO!NTMENTS crry coMMtsstoN
ADM!NISTRATION RECOMM ENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below at-large
appointments are included with item R9A.
BOARDS AND COMMITTEES
1. Affordable Housing Advisory Gommiftee (Current Vacancies: 5)
Vacant Categories:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
. 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. Design Review Board (Current Vacancies: 1)
Vacant Categories:
o One Landscape Architect.
Aoenda ltem RTA,
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR November 19,2014 COMMISSION MEET- -- --
Out M!!l_892
3. Health Advisory Committee (Current Vacancies: 1)
Vacant Categories:
. One CEO from Miami Beach Community Health Centeridesignee.
4. Miami Beach CulturalArts Council (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://m iam i beachfl. o ov/citvclerkiscroll. aspx?id=7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.qov; and under the City Clerk section, located on the bottom right hand side
of the webpage, click on the "Agenda Archives" link; thereafter choose the first listed
Commission meeting and click on City Commission At-Large Nominations.
JM/REG c\
F:\CLER\$ALL\a City Commission\Commission Memo B & C FOR November 19,2O14 COMMISSION MEET|NG.docx
893
R9 - New Business and Commission Requests
R9B1
R982
Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m,)
AGENDA ITEM RqBb}
D^rE lblf -tq
894
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895
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Agenda ltem A?C
Date ll-l?-ltl896
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897
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: October 28,2014
Re: Commission Agendo ltem - Discussion ltem - Telecommunicotions RFP
Pleose ploce on the October 29, 2014 Commission Consent Agendo:
A discussion item to clorify thot the scope of the telecommunicotions RFP is for oll city
property, including light poles, troffic poles, ond ony ond oll other poles owned, controlled
or mointoined by the City in the City's rights-olwoy.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore committed to providing excellent public senice ond sofetyt to oll who live, work, ond ploy in cur vibront, tropicol, histortc.Xil;;,
lten ft ? D
Date ll-/ ?'/ V898
THIS PAGE INTENTIONALLY LEFT BLANK
899
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: October 24,2014
SUBJECT: Discussion regarding Pedestrian Priority Zone
Please place on the October 29th agenda discussion regarding pedestrian priority zone.
Attached, please find Downtown Pedestrian Priority Zone presentation and Memorandum
Agenda ltem No. 11(AX1) from Miami-Dade County.
If 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, tropical, historic communitv
Agenda ttem R4E
o^,. t t- l(-lV900
Downtoum Pedestrian Priority Zone
F.A.
Provide a minimum six-foot unob-
structed pedestrian path at all
sidewalks
ffiffi
lqlqNYe I 8 fr. chr rcne or 12 tE s &mrk widit[
httr UCountvwa\hindm tr:6ft. cbarzone 10fr.
&arbmwnh Si&slka:fa
Phila&lohb-Chicoo:6,8 or t0fr.cl€rbdon iRt
B.
Provide sidewalk bulb-outs extending
at least 20 feet from crosswalks in
either direction at all street intersec-
tions and curb radii not exceeding
1 5 feet
mm:
PhibebhaUCilN: 15ft cud 6dtusErgientiai
sqE:No d$rudo6 dhin 20 fr. dthe leqalsdsmlk
G.
Provide broad spectrum (white)
mid-block stret lighting that ensures
a consistent and uniform distribution
of illumination on all sidewalks
mBm:
9n Fun.i(ognobdPtrdhh
ad 9nr@ @Mid Bkk ughiru
H.
Provide continuous shade tree canopy
on all sidewalks with widths 10 feet or
greater; where sidewalks are less than
'l 0 feet wide, require adjacent buildings
to have canopies, overhangs and/or
other architectural devices that provide
shade onto the sidewalk area
mflmESl
B6ton. san E6n.ts.o 9n DEoo Pdhft . &ff ts
9nlmand &disft Utun,ffiryPbns
Provide perpendicular curb ramps at
all intersections
ffigl[3
p&dfdBt&lkffi rudh.nd#retuibb,
Iorure66toqi{ingsi& b
Provide marked crosswalks at all
intersections at all four corners and
mid-block crosswalk at
blocks greater than 400 feet
mms:
EGaq&!_8L{ql9dE lofr.min. bd&rsryieBign
NYa. Chicoo tortbnd. x; r0ft lml 15 fr. cdkq
20frrojsnM
Provide pre-timed fixed signals at all
traf6c controlled intersections with a
minimum of one second of crossing
time for every 2.8 feet of steet width
o|Em:
!l[@s&2aft/K
CsE:3.s fr/K
E.
Provide driving lane widths of no more
than I 0feet, turning lanes of no more
than '12 fet, and sharrow lanes of no
more than '12 feet.
mBm6:
Pdhnd: 10fr dn€brer I ll.tum bEUCouNMl Sl@Manul: 1oft.dtubE I I i- 6y
sei@orbusbBad sMrMaer2ft.
2012 NmUtun konC!&liB : t0and I I fr. bB
REVTSED 02.24.20r4
To be designed to and posted at a
maximum speed limit of 25 miles per
hour
MERCMES:
Poftlandi20MPH(Fesidential)and25{Commercial).
Bo(on 9nDleoo San Lre.g.amemo
talllaLelijtr:2s MPH
MadisM.SeamssanF6n.iscq25MPH{majortyd
*rdr,30 35MPA(Aneriats).
Prohibit "right turn on red" at all
intersections.
OrHERClrlESl
NewYork Citv: NTOR Poli(y w(h some exceprions.
Chi.ago Pedesrian Ple.: proposes NTOR tn downtown
901
MEMORANDUM
Agendaltem No. u-(A) (1)
trROM: R. A. Cuevas, Jr.
County Attorney
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
DATE: April8,2014
SIIBJECT: Resolutionsupportingthe
creation of a "Downtown
Pedestrian Priority Znne"
in Downtown Miami
The accompanying resolution was prepared and placed on the agenda at the request of Prime
Sponsor Commissioner Bruno A. Barreiro.
RAC/smm
/
902
MEMORANDUM
(RcviseO
TO:llonorablc Chairwoman Rcbeoa Soso
andMembers, Boatd of Cor:nty Commissioners
DATE: April 8, 20L4
SUBIECI: Agendaliem.No. 11(A) (t)
,nTcqJ
trROM: R A. ODvas, Jr. )
ComtyAttomey
Please note auy items checked-
"3-Ilay RuIcP for eommitte rpplicable if roiseal
6 weeks requiredbetween first reading and public hearing
4 wcekr notlfrcation to municipal oficials requirod prior to public
hear{ng
Decreases revenues or increases erpendifures without balancing budget
Budgetrequired
Statement of fiscal impact required
Ordinauce creatiug * new boaril rcquires aetailed County Mayor's
report for pub[e hearing
No committee reviery
Applicable Iegislation requires more tran a majority vote (Le., 2t3's
-3/5'r
-
unanimous _ ) to approvo
Current information regarding funding sourcg inder codo and avaihble
balance, and avallablo capaeity (lf debt ls contemplated) requlred
,Z
903
Approved
Veto
Ovenide
Mavor Agenda Item No. 11(A) (1)
4-8-14
RESOLUTION NO.
RESOLUTION SIJPPORTING T}IE CREATION OF A..DOWNTOWN PEDESTRIAI{ PRIORITY ZONE'' IN
DOWNTOWN MIAMI; DIRECTING THE MAYOR OR
DESIGNEE TO SET UP A PROCESS IN COORDINATION
WITH TTM CITY OF MIAMI BY WHICH SAID *DOWNTOWN
PEDESTRIAN PRIORITY ZONE" MAY BE IMPLEMENTED
CONSISTENT TVTTH THE REQUIREMENTS OF TT{E MIAMI-
DADE COIJNTY CODE AND OTIIER APPLICABLE LA$/S;
DIRECTING THE MAYOR OR DESIGNEE TO E)(PLORE
WAYS TO IMPLEMENT TTIE CONCEPT OF A PEDESTRTAN-
FRIENDLY ZONE IN MIAMI-DADE COUNTY'S *URBAN
CENTER DISTRICTS''
WHEREAS, pedestrian comfort and safety is an important public policy; and
WffiREAS, the City of Miami recently passed an ordinance creating a "Downtown
Pedestian Priority Zone," which promotes enhanced pedestrian comfort and safety through the
state-of-the-art design of pubtc rights-of-way and intersections; and
WIIEREAS, this Board supports the creation of a "Downtown Pedeshian Priority ZoLe,"
to the extcnt that it comports with the requirements of the Miami-Dade County Code and alt
other applicable laws, rules, and regulations; and
WHEREAS, itmaybepossible to implement similsrpedestrian pnority zones in Miami-
Dade County's "Urban Center Districts" in order to further the goal of making such areas
pedestrian-friendly and safe for all; and
WIIEREAS, the County should liaison and coordinate with the City of Miami and other
affected municipalities to implement these pedesfian priority zones,
NOW, TIIEREFORE, BE m RESOLYED BY THtr'. BOARD OF COUNTY
COMMISSIOhIERS Of MIAMI-DADE COIINTY, FLORIDA, that this Board:
e
904
Agenda Item No. 1 1 (A)(1)
Page No. 2
Section 1. Supports the creation of a "Downtown Pedestrian Priority Zone" in
Downlown Miami, to the extent that it comports with the requirements of the Miami-Dade
County Code and all other applicable laws, rules, and regulations.
Section 2. Directs the Mayor or designee to set qp a process to coordinate the
implementation of the "Downtown Pedestrian Priority Zorte" with the City of Miami, consistent
with the requirements of the Miami-Dade County Code and all other applicable [aws, rules, and
regulations.
Section 3. Directs the Mayor or designee to explore possible ways to implement
similarpedestrian-friendly zones in Miami-Dade County's oolJrban Center Districts."
Section 4. Directs the Mayor or designee to provide a report on the issues set forth in
Sections 2 and 3 above, for committee rwiew, within 90 days of the effective date of this
resolution.
The Prime Sponsor of the foregoing resolution is Commissioner Bruno A. Barreiro. It
was offered by Commissioner
was seconded by Commissioner
was as follows:
, who moved its adoption. The motion
and upon being put to a vote, the vote
Bruno A. Barreiro
Jose nPepe" Diaz
SallyA. Heynan
Jean Monestime
Sen. Javier D. Souto
Juan C. Tapatn
Rebeca Sos4 Chairwoman
Lynda Bel[, Vice Chair
Esteban L. Bovo, Jr.
AudreyM. Edmonson
Barbara J. Jordan
Dennis C. Moss
Xavier L. Suarez
905
Agenda Item No. 11(A) (1)
Page No. 3
The Chairperson thereupon declared the resolution duly passed and adopted this 8m day
of April, 2014. This resolution shall become effective ten (10) days after the date of its adoption
unless vetoed by the Mayot, and.if vetoed, shall become effective only upon an override by this
Board.
MIAMI.DADE COUNTY, FLORIDA
BY ITS BOARD OF
COT]NTY COMMISSIONERS
HARYEY RWIN, CLERK
By:
Deputy Clerk
Approved by County Attomey as
to form and legal sufficiency.
James Eddie Kirtley
906
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907
g MIAAAI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: October 20th, zAM
SUBJECT: Agenda item for November 19th, 2014 City Commission Meeting
Please place on the November 19th City Commission Meeting a discussion regarding
quarterly disability sensitivity training for City of Miami Beach Public Works Employees.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We are commitled ta proidrng excellent psu$ic service ond s<rfe\ ta a!! who iive. work. and pioy in our vibronl. tropico!, htstoric commttnihl
Asenda ttem 8?fO^t@908
THIS PAGE INTENTIONALLY LEFT BLANK
909
1915.2015
City of iliomi Beqch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochf .gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members o/the city c/mission
FROM: Jimmy L. Morales, City Manager A A:
DATE: November 19,2014
SUBJECT: A DISCUSSION REGARDING THE MIAMI BEACH CONVENTION CENTER
BOOKING POLICY
BACKGROUND AND ANALYSIS
The City approved the Booking Policy for the Miami Beach Convention Center on June
7, '1989, which was subsequently revised on Octobet 4, 1989, June 6, 1990, July 8,
1992, June 3, 1998, May 12, 1999, July 7, 1999, and April 16,2001. The most recent
revision on April 16,2001was approved pursuant to Resolution No. 2001-24394 which
clarified designation of First Priority status and City Manager discretion concerning
same. The Booking Policy has not been revised since 2001.
As you know, in April 9,2014, Request for Qualifications No. 2014-1 42ME for the Design
Criteria Professional (DCP) services for the Miami Beach Convention Center Renovation
was awarded to Fentress Architects. Construction is anticipated to begin immediately
following Art Basel in Miami Beach 2015 and is expected to be completed in middle
2018. Group business generally books their events more lhan 24 months (2 years) into
the future. With that in mind, the City needs to decide, in very near future, what if any
changes to the Booking Policy should be considered in order to set booking goals for the
Greater Miami Convention and Visitors Bureau (GMCVB) and Global Spectrum (Global).
ln considering potential changes the type of event (convention, trade show and
consumer shows) determines what demands the facility and surrounding area are likely
to experience and what kinds of attendees and exhibitors can be expected. To a large
degree the Center must also consider the overall economic impact the show will have to
the City at large. Tax generation and City fees inclusive of the additional sales tax
revenue from visitors and increased local consumption patterns can provide a significant
amount of revenue to the City and the local businesses. The propensity of the various
attendees and exhibitors to spend money in local businesses, hotels, shops, restaurants,
tourist attractions, use of local public transportation (taxis, and rental cars) and
entertainment establishments need to be considered and included in the overall
assessment of the show as a net revenue contributor to the local economy. The purpose
of the Convention Center is not to make money, but to generate business for our hotels
and restaurants, which in turn generates resort tax revenue.
Agenda ttem Rq CDatelFl?-N-910
City Commission Meeting
Convention Center Booking Policy Discussion
November 19,2014
Page 2 of 3
Below is a table broadly defining event impact:
Example
2014 Average
Attendance *
Economic I
Building Revenue
lm
arnve
Traffic lm* Excludes Art Basel and the Boat Show with 70,000 and 140,000 in attendance
respectively.
The current Booking Policy includes First Priority designation for long standing shows,
defined as one which has a minimum of 20 consecutive years usage in Convention
Center under the same ownership (Grandfathered First Priority). lf the show has
multiple events in MBCC in a calendar year, the first priority designation applies to only
one of the show events in the calendar year. This is a rather unique aspect of our policy
and not something found in other destination's booking policies. These grandfathered
events include Antique Show, Miami lnternational Boat Show, Jewelry lnternational
Show, Miami Auto Show and the Home Show. With the exception of Jewelry
lnternational Show, all are consumer shows. lt is no secret the Convention Center is
below the national average as it pertains to the total number of annual conventions held
in the Center.
ln considering Booking Policy changes, the City Commission should also be aware that
Grandfathered First Priority shows are currently able to obtain License Agreements for
use of the Convention Center up to 36 months prior to the show. Group business
(conventions) typically book shows at least 24 months in advance. A large group
attempting to book during a date pattern conflicting with a Grandfathered First Priority
show, even if they contract for more hotel rooms on peak, would not be able to book in
the Convention Center unless the Grandfathered First Priority agrees to move their
dates. There have been examples in the past where Grandfathered First Priority shows
have accommodated the destinations desire to book another show during their dates,
but there are also examples where the destination has lost conventions as a result of
this policy.
There are also recent examples where an event that is new to the destination with no
history has attempted to displace a long standing Grandfathered First Priority shows.
This is the scenario with the Jewelry lnternational Showcase (JlS) and JCK, which is a
leading jewelry show in Las Vegas. ln this instance, JIS has been a trade show at the
Miami Beach Convention Center for more than 30 years. JCK's Las Vegas show is the
largest jewelry trade show in the United States (with at least 1 million square feet of
exhibition space) and JIS is the 2nd largest jewelry trade show in the United States (with
375,000 square feet of exhibition space, which is 3 of the 4 existing halls). The Miami
Gonsumer Shows
911
City Commission Meeting
Convention Center Booking Policy Discussion
November 19,2014
Page 3 of 3
Beach Convention Center does not have 1 million square feet of exhibition space
available.
There is no question that JCK is a larger show in Las Vegas, but it is unknown if they are
able to replicate their show in Miami Beach. lt raises the question, should the city
consider displacing an existing long standing annual First Priority show for a show that is
unproven in this marketplace. Even more challenging is that JCK is seeking the exact
time period that JIS currently books as opposed to booking alternate dates and
competing for exhibitors.
lf a change to the Booking Policy is desired by the City Commission, then the
Administration believes that peak room nights should be the overarching requirement
used to determine whether an event receives First Priority designation. Additionally, the
Booking Policy also allows for the rooms night verification to be used as a method of
confirming peak room nights generated as a result of the event. The City has a
prescribed verification process that is used which allows an independent third party
accounting/auditing firm licensed in the State of Florida to be used to verify the peak
room nights. Audited reports will be submitted to the Convention Center General
Manager and Greater Miami Convention and Visitors Bureau Senior Vice President of
Sales along with the statement from the auditor indicating their validation of the method
of data collection, the accuracy of the data as determined by their testing of the data,
and their agreement with the conclusions of room night consumption as presented by
the client.
However, the overwhelming majority of convention centers in the nation use hotel room
block agreements to determine First Priority designation and not through an audit
process to prove their room nights.
The City should also consider changes to the way travelers book their hotel
accommodations. lt is now common place for show/meeting attendees to shop room
rates using a variety of on-line room booking options and book outside the group block.
Some cities are starting to take a closer look at how room nights are calculated as group
economic impact value is determined.
Attached is a copy of the current Booking Policy for your reference as part of this
discussion. Additionally, the City Code does require review and a recommendation from
the Convention Center Advisory Board (CCAB) before the City Commission makes a
final decision. Therefore, the Administration is seeking direction from the City
Commission that will be transmitted to the CCAB at their next meeting.
GONCLUS!ON
The Administration is seeking direction from the City Commission prior to the CCAB
discussion.
JLM/KGB/MAS
T:\AGENDAVOl 4\November\TCED\Booking Policy Discussion Memo.docx
912
MIAMIBEACH ..c@nvenilonr-F Centef
BOOKING POLICIES
I. STATEMENT OF PURPOSE:
The Miami Beach Convention Center (the "MBCC" or the o'Center") is a national and
international convention, tradeshow, and multi-purpose facility owned by the City of Miami
Beach and operated by GLOBAL SPECTRUM, L.P.. The MBCC was enlarged and
remodeled in part with Convention Development Tax proceeds with the primary objective
of promoting and facilitating events and activities which have a significant impact in terms
of Convention Development Tax generated.
In addition, the MBCC was developed with a secondary objective of providing services and
facilities to respond to the needs of County and local activities which promote business and
generally enhance the quality of life for the community the MBCC serves.
When booking the MBCC, consideration shall be given by both the Bureau and the
Convention Center management to the following factors:
a) Significant impact in terms of Convention Development Tax generated;
b) Total number of hotel rooms required;
c) Projected revenue to the MBCC both in terms of direct space rental revenue,
as well as projected revenue from concessions and other building services;
d) Time of year;
e) Potential for repeat booking; and
D Previous history and experience of the potential user with respect to use of
similar facilities.
SCHEDULING PRIORITIES:
A. First Priority Events: Generally speaking, first priority for scheduling facilities
and dates in the MBCC is available to regional, national and international conventions, trade
shows, cultural shows, corporate meetings and similar activities which are not open only to
the general public, and have a significant impact in terms of Convention Development Tax
generated. In order to be considered for a First Priority designation, an event shall:
require in excess of 1 15,000 gross square feet of exhibit space contracted in the MBCC;
II.
913
BOOKING POLICIES (continued)...
AND EITHER
Dade County
OR
be a long standing show, defined as one which has a minimum of 20 consecutive years
usage in MBCC under the same ownership, is in good standing, which includes being
current on all prior debts, and has paid all contractual obligations in a timely fashion to the
facility. If the show has multiple events in MBCC in a calendar year, the first priority
designation applies to only one of the show events in the calendar year.
Convention Development Tax impact and hotel room counts are based on prior history of
the event and are subject to verification by (l) the Bureau; or (2) at user's expense, a
qualified independent surveyor pre-approved by the Convention Center Advisory Board,
provided that such surveyor's results shall be subject to review and approval by the
Convention Center Advisory Board. In order to be considered for First Priority designation,
an event shall have demonstrated the hotel room count history during presentation of the
identical event either in Miami-Dade County or, in the case of events which move from city
to city on a rotational basis or are relocating from another location, the hotel room count
history of the identical event shall be verified by the Bureau using generally accepted
industry standards, ( i.e., DMAI MINT system or other) for such history verification.
Within the First Priority category, the Bureau will give preference to the event with the most
significant impact in terms of Convention Development Tax generated. For purposes of
conflict resolution, events having attained First Priority designation through the hotel peak
room night verification process shall have precedence over those events having attained
First Priority designation through the 20 year process.
In the event that First Priority Event status is granted, based in part upon the hotel room on
peak night requirement as set forth above, the Convention Center Advisory Board shall
require recertification of said hotel room requirement from First Priority Events every five
(5) years from the most recent date of certification. In the instance that an event intemtpts
its regular scheduling, defined as failing to take place within six (6) months of its next
anticipated presentation, First Priority status may be revoked.
B. Second Prioritv Events: Second priority for scheduling facilities and dates in the
MBCC is available to consumer or public exhibitions, tradeshows (open to the trade only),
local corporate meetings, special events, entertainment events, business meetings, and other
activities which essentially draw from or appeal to the general public and/or local regional
attendees and participants.
914
BOOKING POLICIES (continued)...
Within the Second Priority category, the MBCC will give preference to recurring public
shows and tradeshows held on an annual basis with a proven record of success at the
MBCC, which have produced significant revenue to the MBCC, and have a significant
impact in terms of Convention Development Tax generated (Convention Development Tax
impact data shall be provided by the user). The MBCC may offer alternate dates in a given
year which may result in termination of other Second Priority scheduling reservations. The
foregoing criteria may also be used by the MBCC to reschedule or select between Second
Priority Events in the case where a scheduling reservation for a First Priority Event impacts
tentative scheduling reservations for two or more Second Priority Events.
III.
C. Discretion: Subject to the priorities set forth above, the General Manager may
exercise his discretion as to the issuance, modification, or termination of scheduling
reservations.
BOOKING PROCEDURES
Reservations more than twenty-four (24) months before an event are nornally handled
through the Greater Miami Convention and Visitors Bureau (the "Bureau"), subject to
approval of the MBCC, and are subject to the guidelines of Section II herein.
Facility and space scheduling commitments for First Priority Events may be made as far in
advance as is necessary or appropriate and may supersede requests for other events and
activities, unless a Lease Agreement has been previously executed by the MBCC and the
user for such other event. Lease Agreements for First Priority Events may be entered into as
far in advance as necessary or appropriate at the discretion of the General Manager of the
MBCC (the "General Manager").
Tentative facility and date scheduling reservations for Second Priority Events are generally
made not more than three years in advance, and are subject to change to accommodate First
Priority Events, unless a Lease Agreement has been previously executed by the MBCC and
user for such event. However, large consumer and public exhibitions and trade shows held
on an annual basis may, at the discretion of the General Manager, obtain tentative
scheduling reservations for facilities and dates on a long-term basis, subject to rescheduling
or termination to accommodate First Priority Events. Lease Agreements for Second Priority
Events, shall, upon request of the party holding the reservation, be issued twenty-four (24)
months prior to the event. The Lease Agreement shall provide that if the Bureau has a
potential First Priority Event seeking to lease the facility during Lessee's contracted dates,
and within the fifteen to twenty-four month period prior the Lessee's event, the Lessee shall
agree to use its best efforts to move its event a few days either way in order to accommodate
the First Priority Event.
915
BOOKING POLICIES (continued)...
Facilities and dates will be tentatively held pending notification to the contrary by either
party.In the event a tentative commitment is released by the MBCC, the requesting party
will be notified the facilities and/or dates have been released.
Facilities and dates reserved on First Option are reserved tentatively, but a conflicting
commitment for the facilities and dates generally will not be made in favor of a second
requesting party within the same scheduling priority without first offering the party holding
a First Option an opportunity to either execute a lease agreement or release its reservation. A
First Option held by a Second Priority Event can always be superseded by a First Priority
Event, unless a lease agreement has been previously executed. At the discretion of the
General Manager, aparty with a First Priority Event holding a First Option may be required,
within seven (7) days of written notice, to execute a lease agreement and post a deposit at
any time that the General Manager has a good faith request in writing from another First
Priority Event for the same dates.
Facilities and dates reserved on a Second Option basis will be reserved tentatively, and the
absence of a valid First Option hold for the same space and time shall not guarantee the
elevation of a Second Option hold to a First Option hold.
Facilities and dates are considered as confirmed or under contractual commitment only upon
execution of a MBCC Lease Agreement by the event sponsor and the City of Miami Beach
specifying all details of the commitment. However, facilities and dates may be held as
"firm" upon receipt of a letter of confirmation signed by both the event sponsor and the
General Manager, pending the preparation, negotiation, and execution of a Lease
Agreement. In the event such a letter of confirmation is signed by both the sponsor and the
General Manager, no conflicting scheduling will be made during a reasonable period to
preparation, negotiation, and execution of a Lease Agreement.
PROTECTION CLAUSE:
A Protection Clause shall, upon the recommendations of the Convention Center Advisory
Board, the General Manager, and subject to the approval of the City Manager, be granted to
recurring local, regional, and international public and tradeshows with a proven record of
success, defined herein as the successful completion of at least two consecutive shows in
two years, which have produced significant revenue to the MBCC. If granted, such
Protection Clause will be included in the Lease Agreement and, thereafter re-reviewed every
three (3) years by the Convention Center Advisory Board and the General Manager, and
subject to the approval of the City Manager, in future Lease Agreements. Notwithstanding
the foregoing, the granting of a Protection Clause in a Lease Agreement shall not vest any
right (s) or reliance on the part of the Lessee as to the granting of said Clause in subsequent
or future Lease Agreements, but shall at all times be subject to the review and approval
procedures set forth here:
Iv.
916
BOOKING POLICIES (continued)...
In consideration for the continuation of a Date Protection clause inclusion in subsequent
lease agreements, the Convention Center Advisory Board recommendation and City
Manager approval shall consider the following criteria:
The Protection Period shall not exceed a total of sixty (60) days, plus the show days. The
number of days prior to and after the event shall be the subject of agreement between the
Lessee and the General Manager, but a minimum of fifteen (15) days shall be required on
each side of the event. Upon the recommendation of the Convention Center Advisory
Board, a Protection Clause in excess of sixty (60) days may be granted for highly
competitive events with highly significant revenue to the MBCC. In the instance that an
event intemrpts its regular scheduling, defined as failing to take place within six (6) months
of its next anticipated presentation, its Date Protection status may be revoked.
If a Protection Clause is granted, it will read as follows:
PROTECTION CLAUSE:
Lessor agrees that it will not lease any portion of the Convention Center facility to
any Competing Event for the period commencing _ days before Lessee's first
show day, and concludirg _ days after Lessee's last show day (the "Protection
Period"). A "Competing Event" is hereby defined as an event which has thirty
percent (30%) or more of the total number of exhibitors/booths in the same event
showing/selling product lines in the Lessee's event; provided, however, that a show
that is open to the public shall never be deemed a Competing Event with a show
open only to the trade, and vice versa. The determination of whether or not an event
is a "Competing Event" shall be solely within the discretion of the General Manager,
and shall be based upon the product lines in the proposed event's prior shows.
917
BOOKING POLICIES (continued)...
V. DEPOSIT SCHEDULES:
Deposits are required for all activities upon execution of a formal MBCC Lease
Agreement.
A. First Priority Events: A deposit in the amount of one day's minimum
guaranteed rental per hall, or such other deposit as the General Manager may
authorize, is required upon execution of the Lease Agreement. For events leased
several years or more in advance, special zurangements may be negotiated, at the
Center's option, for a lesser deposit upon lease execution, with the deposit
balance due and payable sixty (60) days in advance ofthe event.
B. Second Priority Events: A minimum deposit will be required upon execution
of the Lease Agreement as follows: one day's minimum guaranteed rental for the
first hall, and an additional 33-Il3% of one day's minimum guaranteed rental for
each additional hall. However, first-time events without a past history of success,
and event sponsors with inadequate references, or prior event sponsorships, a record
of slow payment, etc., may be required, at the Center's option, to remit up to one
hundred percent (100%) of anticipated rental and related expenses upon execution of
Lease Agreement.
VI. VARIANCE FROM POLICY:
Events and circumstances not covered in the above scheduling policies may be subject to
special conditions, and as deemed appropriate by the City Manager. No variance from the
Center's policies, as represented in the above terms, may be made without first being
submitted to the General Manager and CCAB for consideration.
051601
062514-IACVB to DMAI
CINET to MINT
6
918
Miami Beach Convention Center
The following are potential requirements for effective room block verification:
1. All submittals of documentation confirming room night utilization must be
confirmed by an independent third party accounting/auditing firm licensed in the
State of Florida.
2. Audited reports will be submitted to the Convention Center General Manager and
Greater Miami Convention and Visitors Bureau Senior Vice President of Sales
along with the statement from the auditor indicating their validation of the method
of data collection, the accuracy of the data as determined by their testing of the
data, and their agreement with the conclusions of room night consumption as
presented by the client.
3. Require the client to acquire hotel information from exhibitors and attendees
during the initial registration process to be tested by the auditors
4. Obtain a commitment from the hotels to review the registration data in
comparison to room blocks.
5. Require validation of hotel accommodations at onsite registration by client for
both attendees and exhibitors.
6. Client to maintain list of all attendees and exhibitors with information about
number of people in their party, hotels utilized, and room nights used for
verification by their independent third party firm.
7. Convention Center General Manager and Greater Miami Convention and Visitors
Bureau Senior Vice President of Sales will sign non-disclosure agreement if
requested by client (such non-disclosure agreement would be subject to any
limitations as mandated by the Florida Sunshine Laws).
8. Client will work with hotels to validate the overall numbers of rooms consumed
through the rooming lists, such validation to be part of the testing process of the
independent auditor.
9. The level of review can vary from validating the overall room block numbers to
reviewing each guest record to validate accuracy subject to the acceptance of
the auditor as to the sample, accuracy of the data, and ability to extrapolate
larger results from the provided sample sets.
10.The hotel reporting should be compared to the exhibitor lists, registration
numbers and or the overall ticketed/paid attendance.
11. There may be an agreed upon factor for those that attended the show and are
unable to be tracked. ln such cases, this methodology must be agreed to in
writing in advance by the Convention Center General Manager, the President of
the Greater Miami Convention and Visitors Bureau, and the client. The results
must also be audited for accuracy as described above.
With these requirements in place there should be an accurate estimation of the number of room
nights for consumer shows and tradeshows.
919
MIAMIBEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
PROPOSED INCREASE IN THE MAXIMUM BUILDING HEIGHTS !N THE RM.2
ZONING DISTRICT
ADMINISTRATION RECOMMENDATION
Discuss the item and refer an Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On September 30, 2014, at the request of Commissioner Wolfson, the City Commission referred a
discussion item to the Land Use and Development Committee regarding a proposed amendment
to the maximum building heights permitted in the RM-2 zoning district. On November 5, 2014,hhe
Land Use Committee discussed the item and recommended that the Full Commission refer an
Ordinance Amendment to the Planning Board by a vote of 2-1.
ANALYSIS
On February 12,2014, the City Commission adopted Ordinance No.2014-3839, which increased
the maximum allowable building height in the RM-2 district from 6 stories i 60 feet to 8 stories / 85
feet for the area of the City fronting the west side of Alton Road between Arthur Godfrey Road and
West 34th Street. This amendment was to accommodate and expansion of the Talmudic University
at 4000 Alton Road.
The University has partnered with a new developer, who is now seeking to move in a different
direction in terms of the development of a residential project. ln this regard, the new developer is
now seeking an additional height increase, in order to accommodate a new residential project.
As part of a presentation made to the Land Use Committee on November 5,2014, the developer
proposed a new maximum height of approximately 18 stories / 180 feet. Additionally, the developer
of the project has proposed a substantially slimmer profile and width, as well as staggered heights
for the proposed new residential buildings. At the November 5, 2014 meeting, some members of
the Land Use Committee expressed a concern with the overall height, as well as the need for more
public outreach. ln this regard, the developer was advised to reach out to Mt. Sinai Medical Center,
as well as single family residents along Chase Avenue, North Bay Road, Garden Avenue, Nautilus
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Memb"rr
t'f
the CitV
fommission
Jimmy L. Morales, City Manag", J . b
November 19,2014
REFERRAL TO THE PLANNING BOARD -
Agenda ttem R.? t{
oate ll-ll-lV920
Commission Memorandum
Referral to Planning Board - RM2 Height Regulations
November 19, 2014 Paqe 2 of 2
Drive and Alton Road.
Additionally, Planning Staff had expressed some concern with the proposed overall height,
particularly in relation to the more low scale context of buildings that surround the subject property
in all directions. While supportive of the revised massing of the project, and the very high degree
of architectural design, the Administration would suggest that further study is needed in terms of
the impact of the proposed project within the larger context of single family homes and low scale
commercial buildings.
CONCLUSION
ln accordance with the November 5, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission discuss the
proposal further. lf there is consensus on the approach proposed, it is further recommended that
an Ordinance Amendment be referred to the Planning Board for consideration.
tffinru
T:\AGENDAVO14\November\Referral to Planning Board - RM2 Height Regs MEMO.docx
921
g AAIAAAIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Member of the Cifly Commission
Jimmy L. Morales, City Manage
November 19,2014
DISCUSSION REGARDING THE LIVING WAGE ORDINANCE
BACKGROUND
At the September 30,2014 City Commission meeting, Commissioner Wolfson requested that a
Commission discussion on the Living Wage Ordinance be scheduled for the November 19,
2014 Commission Meeting. The following informational items are presented for discussion
purposes:
A. A list of municipalities in the Tri-County area with Living Wage
B. A list of Living Wage contracts in the City of Miami Beach
C. Fiscal impact scenarios relative to Living Wage options
$* +r
JLM/Mr/1D/RA
T:\AGENDAV014\November\Procurement\Discussion Regarding The Living Wage Ordinance - Memo.docx
Agenda ttem RQ I
oate ll-t?-lV922
MUNICIPALITIES IN MIAMI DADE, BROWARD, AND PALM BEACH COUNTIES
Broward County
Palm Beach County
Broward County
Dade County
Miami Dade County
Dade County
Broward County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Dade County
Lauderhill
Palm Beach Countv County
County
City
County
City
City
City
City
City
City
City
City
Town
City
Town
Village
City
City
Village
City
City
City
Village
City
City
Village
City
City
Town
Town
Village
Village
Village
Village
Town
Town
66,887
L,320,L34
!,748,066
87,779
2,496,435
413,892
84,439
224,669
LO7,t67
60,572
58,786
46,780
45,704
40,286
35,762
29,361
23,4L0
2L,744
20,832
18,223
15,219
13,809
!3,499
12,344
1,1,,657
77,245
t0,493
7,137
5,965
5,744
5,628
3,055
2,513
2,375
2,325
919
838
yes S10.10/s10.10 il:#;"*'pensation
not
Applicable to construction +
Yes S11.54/S11.64 Paratransit Transportation
Services
Applicable to service
yes S12.95/S11.46 contracts and county
emplovees
yes s13 31lsLL.5' :jll::::::'.i;'!i,0,",*,
Applicable to service
yes 5L4.2715L2.46 contracts and county
emolovees
No Eliminated
No Eliminated
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Broward Countv
Miami Beach
Miami Dade County
Miami
Su n rise
Hialeah
MiamiGardens
Homestead
North Miami
Coral Gables
Doral
Cutler Bav
Aventura
Miami Lakes
Palmetto Bav
Hialeah Gardens
Sunnv lsles Beach
Pinecrest
Opa-locka
MiamiSprings
Sweetwater
Kev Biscavne
South Miami
Florida Citv
MiamiShores
North Bav Villase
West Miami
Su rfsid e
Bav Harbor lslands
Biscavne Park
Bal Harbour
Virginia Gardens
El Portal
Golden Beach
Medley
Attachment A
I:\AGENDA\2014\November\Procurement\Discussion Regarding The Living Wage Ordinance - Attachments A, B, and C
923
MUNICIPALITIES IN MIAMI DADE, BROWARD, AND PALM BEACH COUNTIES
:,,,li].lm
ir{i,u\-.N
, .,. t.l
iiiill.i.N
Dade County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Broward County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
lndian Creek
Deerfield Beach
Fort Lauderdale
Pembroke Pines
Hollvwood
Miramar
Coral Sprines
Pompano Beach
Davie
Pla ntation
Weston
Tamarac
MarRate
Coconut Creek
Oakland Park
North Lauderdale
Hallandale Beach
Lauderdale Lakes
Dania Beach
Cooper Citv
Parkland
West Park
Wilton Manors
Lishthouse Point
Southwest Ranches
Pembroke Park
La uderda le-bv-the-
Hillsboro Beach
Sea Ranch Lakes
Lazv Lake
West Palm Beach
Boca Raton
Bovnton Beach
Delrav Beach
Wellinston
Jupiter
Palm Beach Gardens
Greenacres
Lake Worth
Roval Palm Beach
Riviera Beach
Palm Sprinss
Village
City
City
City
City
City
City
City
Town
City
City
City
City
City
City
City
City
City
City
City
City
City
City
City
Town
Town
Town
Town
Village
Village
City
City
City
City
Village
Town
City
City
City
Village
City
Village
86
75,018
165,52L
154,750
1,40,768
L22,O4t
r27,096
99,845
91,,992
84,955
65,333
60,427
53,284
52,909
41,,363
41-,023
37,LL3
32,593
29,639
28,547
23,962
t4,756
17,632
L0,344
7,345
6,702
6,056
t,875
670
24
99,919
84,392
68,277
60,522
56,508
55,156
48,452
37,573
34,910
34,1,40
32,488
18,928
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Attachment A
T:\AGENDA\2014\November\Procurement\Discussion Regarding The Living Wage Ordinance - Attachments A, B, and C
924
MUNICIPALITIES IN MIAMI DADE, BROWARD, AND PALM BEACH COUNTIES
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm Beach County
Palm. Beach Coynly
Belle Glade
North Palm Beach
La nta na
Palm Beach
Lake Park
Pahokee
Tequesta
South Bay
Hiehland Beach
Lake Clarke Shores
Loxahatchee Groves
Juno Beach
Hvpoluxo
Atlantis
Mangonia Park
Haverhill
Ocean Ridge
South Palm Beach
Palm Beach Shores
Gulf Stream
BrinV Breezes
Manalapan
Jupiter lnlet Colonv
Golf
Glen Ridee
Cloud Lake
City
Village
Town
Town
Town
City
Village
City
Town
Town
Town
Town
Town
City
Town
Town
Town
Town
Town
Town
Town
Town
Town
Village
Town
Town
17,467
12,075
L0,423
8,348
8,155
5,649
5,629
4,876
3,539
3,376
3,180
3,L76
2,589
2,005
1,888
1,873
1,786
L,771
L,L42
786
601
406
400
252
219
135
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
105
Source: populations are based on the 201-0 census as reported in Wikipedia
http://en.wikipedia.orelwiki/list of Miami-Dade Countv, Florida
http://en.wikipedia.orslwiki/Broward Countv. Florida
http://en.wikipedia.orelwiki/Palm Beach Countv, Florida
Attachment A
T:\AGENDA\20],4\November\Procurement\Discussion Regardlng The Living Wage Ordinance - Attachments A, B, and C
925
LIVING WAGE CONTRACTS
RFP -22-09l10
RFPC-22-09/10
RFPD-22-09/10
20t3-22-01
RFP -47-08109
rTB -34-08/09
rTBA-34-08/09
rTBB-34-08/09
rTBD-34-08/09
rTBE-34-08/09
tTBA-20-09/10
TTBC-
ITB -1
rTB -35-09/10
rTBC-35-09/10
rTB -57-08/09
20t4-392-01
2014-059-01
2013-095-01
RFP -17-10l11
RFP -43-10/11
rTB -10-10/11
2014-358-01
2013-269-rrBME
RFPl-60-08/09
RFP -34-0s/06
20t4-t54-0t
i 2014-190-01
maint
maint
Grounds maint
Grounds maint
Grounds maint
Grounds maint
Grounds maint
Grounds maint
Grounds maint
Grounds maint
servrces
servtces
PPPMaintenance
PPPMaintenance
Routine maintenance
Routine maintenance
setvtces
seruices
28
services
Attachment B
ACADEMY DESIGN & TECHNICAL
INKTEL GOVERNMENT BPO SERV LLC
ELAN LAWN & LANDSCAPE SERVICES
Y BILLS LAWN MAINT. INC
SUPERIOR LANDSCAPING & LAWN
SUPERIOR LANDSCAPING & LAWN
SUPERIOR LANDSCAPING & LAWN
SFM SERVICES, INC.
MIAMI BEACH TENNIS MANAGMENT
STANDARD PARKING CORPOMTION
STANDARD PARKING CORPORATION
CONDO ELECTRIC MOTOR REP
THYSSENKRUPP ELEVATOR CORP
LIMOUSINES OF SOUTH FLORIDA
LIMOUSINES OF SOUTH FLORIDA
T:\AGENDA\2014\November\Procurement\Discussion Regarding The Living Wage Ordinance - Attachments A, B, and C
926
FISCAL IMPACT SCENARIOS RELATIVE TO LIVING WAGE OPTIONS
Estimated FY2OL3-20L4 FY2014-2015
service living wage new living wage
hours rate rate
Attachment C
Average for
Current Florida the covered
minimum wage services
rate BLS * *
Rates *
Rate differential with current
living wage rate
General Fund Total
Enterprise Funds Total
lnternal Service Funds Total
RDA Total
Rounding
Total estimated financial
impacU(savings)
512.s2 s13.31 s7.s3 511..97
130,792
425,285
70,944
21,606
1,373
650,000
So.:g
S51,008.88
S165,861.15
527,668.L6
58,426.34
Ssgs.+z
(S+'ss1
(s652,652.08)
(52,122,L72.L5)
(s354,010.56)
(s107,813.94)
(s6,8sr..27)
(So'ss1
(sL24,252.40]l
(5404,020.75)
(s67,396.80)
(s20,s2s.70)
(s1,304.35)
So.oo
so.oo
So.oo
so.oo
So.oo
So.oo S2s3,500.00 (S3,243,500.00) (S617,500.00)
Estimated
service
hours
Financial
impact if no
indexing
Financial impact
at new living
wage rate
Financial
(savings) at
current Florida
minimum wage
Financial
(savings) at
BLS - average
for covered
services
* Hourly rates noted above to calculate impact values do not include FICA or other related payroll cost.
** Source: averagesforthe covered servicesare extracted from the U.S. Bureau of LaborStatistics (BLS) May
2013 Florida State Occupational Employment and Wage Estimates report (http://data.bls.gov/cgi-
bin/pri nt. pl/oes/cu rre nt/oes_fl.htm ).
T:\AGENDA\2014\November\Procurement\Discussion Regarding The Living Wage Ordinance - Attachments A, B, and C
927
I,
r915.20r5
City of Miomi Beqch, ,1700 Convention Cenler Drive Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and
FRoM: Jimmy L. Morales, City Manager
DATE: November 19,2014
SUBJECT: MacArthur Causeway Update
Since the Commission meeting on September 10, 2014, the MBPD in coordination with
the Transportation Department, has taken the following steps to better address traffic
safety on the MacArthur Causeway:
. Between the dates of 9115114-10112114 deployment of a 4 week enforcement
"blltz" resulting in 339 tickets 50 warnings and 6 arrests.
UTC Movers 333
UTC Criminal 6
Written Warnings 48
VerbalWarnings 2
Misdemeanor Arrest 3
Felony Arrest 3
Civil Citations 1
Traffic Crash 3
Tows 2
Purchase of a 3D laser scanner that will be used at accident scenes to augment
both documentation and efficiency when investigating accident scenes. The
Police Department expects to take delivery of this equipment shortly.
Development of a Rapid Traffic Flow Contingency Response Plan to strategically
implement partial lane closures and emergency measures, including evacuation
of resident on barrier islands.
Purchase of an Event Data Recorder to provide traffic investigators immediate
access to vehicle information in critical accidents, expediting time and resources.
The Police Department has ordered this equipment but does not yet have a
delivery date.
Request funding for the purchase of hundreds of traffic cones and road signage
to assist with re-routing issues during critical incidents.
Aoenda ltem - JiJ--
Date rV$-ltl928
Consultation with red light camera vendor Xerox to identify placement of five new
cameras. At our request, Xerox is in the process of submitting a proposal for the
purchase of additional cameras as well as the cost associated with moving
current cameras to new locations. ln the proposal, all current intersections will be
evaluated based on driver compliance. Placement of these cameras on the
MacArthur Causeway will require FDOT approvalwhich may be a challenge.
Speed Study by FDOT - requested by the Transportation Department (the
results are pending).
@
DJO:LH:WRG:trJLM:
929
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
TO:Mayor Philip Levine and Members { the City
FROM: Jimmy L. Morales, City Manager
DATE: November 19,2014
-z:
Beach public schools
BACKGROUND
On October 30, 1999, Ordinance 99-3213, adopted by the Mayor and City Commission
of the City of Miami Beach, established the Committee for Quality Education in Miami
Schools. The Committee's purpose is to guide the City's efforts toward providing the
best education possible in Miami Beach public schools and is vested with the power and
authority to make recommendations to the Mayor and City Commission to investigate,
develop, and carry out plans to promote and ensure the provision of quality education in
Miami Beach public schools. The QEC meet monthly to address educational issues that
align to the Education Compact established in January 20Q8 with Miami-Dade County
Public Schools.
The committee is comprised of fifteen (15) voting members and three non-voting ex-
officio members, which include a representative from each of the feeder schools,
selected by the Parent Teacher Association: North Beach Elementary, Biscayne
Elementary, Feinberg-Fisher K-8 Center, South Pointe Elementary, Nautilus Middle
School, Miami Beach Senior High School, Ruth K. Broad K-8 Center, Treasure lsland
Elementary School and seven (7) members of the public with knowledge or expertise
with regard to education issues who are direct appointments by the Mayor and
Commission (with no more than three who can be employed or contracted by Miami-
Dade County public schools).
Additionally, the Mayor and City Commission designate two (2) of its members to serve
as City Commission liaisons who report to the City Commission actions of the QEC and
the City Manager designates a member of the City staff to serve as a liaison who reports
the Committee's actions to the City Manager. Current Committee Membership is as
follows:
o Members:
o Betsy Mateu, appointed by Mayor Levine
o Beverly Heller, appointed by Commissioner Steinbergo Judith Berson-Levinson, appointed by Commissioner Malakoff
Agenda ltem lQ ? kDate lt-l?-ltt930
Commission Memorandum
November 19,2014
Health Services in Miami Beach
Page 2 of 3
o Karen Rivo, appointed by Commissioner Weithorno Keren Bajaroff, appointed by Commissioner Tobino Michelle Thomas, appointed by Commissioner Griecoo Tiffany Heckler, appointed by Commissioner Wolfsono John Aleman, North Beach Elementaryo Elisa Leone, Biscayne Elementaryo lvette Birba, Feinberg-Fisher K-8 Centero Jessica Burns, South Pointe Elementaryo Beth Edwards, Nautilus Middle Schoolo Shelley Niceley Groff, Miami Beach Senior High Schoolo Tamar Oppenheimer, Ruth K. Broad K-8 Centero Rosa Neely, Treasure lsland Elementary Schoolo City Commission Liaisons: Vacant
The Education Compact (Attachment A) with Miami-Dade County Public Schools,
includes the outcome to increase the health and well-being of students in Miami Beach
public schools. The activities included in the agreement to support this outcome include
the following:. The school District will maintain health clinics (nurse practitioners and/or
registered nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami
Beach Senior High, subject to continued available funding, and will work
with all Miami Beach schools to coordinate visits from the Health Connect
on Wheels service (as available) or similar service to schools and/or
Miami Beach recreation centers;. The District and the City will collaborate to deliver information regarding
health and wellness education, prevention and intervention strategies
regarding nutrition, physical activity levels, and health maintenance in
accordance with the District's Wellness lnitiative;. The City will explore the development of a middle school-level after-
school program. The District will collaborate with the City by assisting
with the recruitment of students, including providing space within District-
owned facilities as needed, and exploring expanded transportation
options for participating students; and,o District will explore the expansion of full-time nurse practitioners and/or
registered nurses at schools without health clinics, subject to available
funding.
The Mayor and Commission also adopted Ordinance 93-2887 on December 1, 1993
creating City code Chapter 158, entitled Health Advisory Board. The purpose of the
Health Advisory Board includes holding regular meetings to review and advise the
Administration and the Commission of all matters related to the health, welfare, and
safety of all the citizens of Miami Beach. The Health Advisory Committee is currently
comprised of, as amended in Ordinance 2011-3716, of eleven (11) voting members,
appointed by the City Commission at large, upon recommendation of the City Manager.
The voting members consist of: one (1) chief executive officer or designated
administrator from Mount Sinai Medical Center, one ('1) chief executive office from Miami
Beach Community Health Center or designated administrator, two (2) administrators
from an adult congregate living facility and/or an assisted living facility, one (1)
representative from the nursing profession, one (1) health benefits provider, two (2)
physicians, two (2) consumers, consisting of one individual from the corporate level and
one (1) private individual, and one (1) physician or individual with medical training or
experience. Additionally one (1) non-voting ex-officio representative from each of the
931
Commission Memorandum
November 19,2014
Health Services in Miami Beach
Page 3 of 3
following is appointed: The Miami Dade County Health Department, the Health Council
of South Florida, and the Fire Rescue Department. The Director of the Office of the
Children's Affairs is also a non-voting ex-officio member of the board.
The Mayor and City Commission received a Letter to Commission LTC 043-2012, on
February 7, 2012, representing a motion made by the Committee for Quality Education
(OEC) at the January 24, 2012 QEC meeting. The motion stated, "The Committee for
Quality Education (OEC) requests the City of Miami Beach Mayor and Commission
support a joint task force between the QEC and the Miami Beach Chamber of
Commerce Education Council and other interested partners for the purpose of seeking
and obtaining healthcare partners for all Miami Beach Public Schools." As a result of
this request, at the March 21, 2012 Commission meeting, Vice-Mayor Libbin brought to
the Mayor and City Commission item R9D to discuss the establishment of a Health Care
Joint Task Force. A motion was made by Vice-Mayor Libbin; seconded by Commissioner
Wolfson, to approve the creation of the Health Care Joint Task Force, which was passed
with a 4-0 vote.
ANALYSIS
Based on the original intention of the development of the Health Care Task Force, to
seek and obtain healthcare partners for all Miami Beach public schools, staff
recommends integration of the Health Care Task Force into one of the two existing
Committees: Quality Education or Health Advisory. With the robust impact both
Committees have made to ensuring the health and well-being of Miami Beach children is
considered a community priority and responsibility and is considered of paramount
importance, creating an additional committee to focus on Miami Beach public schools
may not be necessary. Staff will work with identified committee members to ensure the
continual support for existing Committees to seek and obtain healthcare partners for all
Miami Beach public schools. This integration will contribute to the priority area of
Educational Excellence in alignment with the City's Strategic Plan.
CONCLUSION
The Administration is seeking direction regarding committee support for health services
in Miami public schools.
KG
932
Attachment A
AN EDUGATION GOMPAGT BETWEEN
MIAMI.DADE COUNTY PUBLIC SCHOOLS AND THE CITY OF MIAMI BEACH
Following the blueprint established by the formation of the Education Compacts between
Miami-Dade County Public Schools (District), and other local general purpose governments,
the District and the City of Miami Beach (City), will now partner to bring together each
organization's collective resources for the greater benefit of both the students and the citizens
of Miami Beach. Located on a barrier island in Miami-Dade County, the City, incorporated in
1915, encompasses approximately 7.1 square miles and is home to 6 District facilities
including South Pointe Elementary, Fienberg Fisher Elementary, North Beach Elementary,
and Biscayne Elementary, Nautilus Middle, and Miami Beach Senior High. With a population
of over 93,000, it is the destination of over 7 million tourists annually and the hub of the
County's hospitality and tourism industry.
ln recognition of the fact that If lakes... the commitment of the Diskict and the City to raise
academic achievement, and recognizing the importance placed on education by the residents
of Miami Beach, the Diskict and City seek'to codify an Education Compact to build on
existing programs and innovative ideas which will enhance the lifelong educational
opportunities for the entire community. Therefore, through this agreement we will strive to
meet the educational needs of each child and enhance the learning opportunities for all. This
Compact was developed with significant community input and reflects the desire of the
Miami-Beach community to support excellence in their schools and an investment in the
overall enhancement of education for its residents. lt is recognized by the District and the
City that this Compact represents goals and objectives which are consistent with the long
term strategic plans of each entity and it is understood that as such goals and objectives
evolve the terms of this Compact may also be modified over time.
The areas of focus in this collaboration include: teacher recruitment and retention; enhanced
communication of educational and community events; family/parental involvement in
education; community/business engagement, enhanced student health and well-being;
improved student achievement; school safety; and technology access. The initial major
activities, intended outcomes, and measures associated with each of these major focus areas
are outlined below.
Teacher Recru itment/Retention
Activities:
. The District and the City will collaborate to develop a supplemental incentive program
for teacher recruitment/retention in Miami Beach schools. The City component of the
program will focus on encouraging incentives which may include discounts, mentoring,
training, and tickets to public events. Mentoring and training opportunities will be least
disruptive to school staffing needs, with schools providing coverage (as applicable) for
staff to participate. The District will provide support for the City program which may
include but not be limited to invitations to participate in District recruitment events and
posting of City sponsored incentives on the District's recruitment webpage.
Page 1 of 10
933
. The District will make available to the City all instructional staff recruitment and
retention statistics and data for Miami Beach schools and districtwide which is
considered public information.
. The District will make available to the City all survey data pertaining to teacher
satisfaction levels (in particular key drivers for recruitment and retention) on a regular
basis, segregated by each Miami Beach schoolwhere possible.
. The City will support the District's efforts, those of other stakeholder groups and
districtwide initiatives that address the housing needs of teachers and non-instructional
staff. ln the event the City develops a program to provide workforce housing and/or
housing support for "essential personnel," the inclusion of public school teachers
and/or other public educational personnel will be explored.
Key lntended Outcomes:
. Maintain teacher recruitment and retention at or above districtwide levels.. lncrease teacher satisfaction rates for City of Miami Beach schools.. Enhance access to workforce and affordable housing.
Measures:
. Number and percent of Miami Beach school staff participating in various incentive
programs provided by the City;
o Number and percent of Miami Beach school staff participating in mentoring. and
training opportunities sponsored by the City;
. Percent of Miami Beach school and District school personnel that indicate they agree
or strongly agree that they like working at their'Miami Beach' school;
. Miami Beach school instructional personnel retention rate compared to diskictwide
retention rate; and
. Miami Beach school instructional personnel vacancy rate compared to districtwide
vacancy rate.
. Number of instructional personnel utilizing workforce housing options available through
the City
Page 2 of 10
934
Communication
Activities:
. The City will work with the District to disseminate information related to educational
opportunities and activities by placing information in strategically located kiosks.
. Collaborate to enhance education-related communication to the City's residents by
developing an education page to be included in City's website with links to the Beach
schools, providing access to the City's cable TV programming, and space in the City's
newsletters and magazines in order to disseminate information on Miami Beach's
schools.
. The City will work with the District to support a Student Expo that will highlight Beach
school offerings and student achievements.
. The City and the District will endeavor to collaborate on legislative agendas in support
of public education.
. Provide regular briefings of the School Board and City Commission regarding the
status of the implementation of this Compact and other issues of interest.
Key lntended Outcome:
. lncrease community access to Miami Beach school and District information.
Measures:
. Number of District legislative priorities supported by the City; and. Number of educationally-related articles/ads disseminated through City- sponsored
communication methods (magazines, newspaper, television).
Parental I nvolvement/Familv Su poortl/outh and Commun itv Enqaqement
Activities:
. The District will make available to the City all parent satisfaction survey data on a
regular basis, segregated by Miami Beach schools where possible, and the City may
conduct similar surveys with the assistance of the District, including findings on key
drivers for satisfaction, subject to any approvals which may be required from the
District's Research Review Committee.
Page 3 of 10
935
The City will work with the District to foster local business support for education,
including the implementation of employee programs which encourage parent
participation in schools. As an example, the City will encourage local businesses to
model the City's commitment to parental involvement by developing an employee
policy that would allow for employee release time to participate in designated early
release day parent/teacher conferences (max. 3 per year) and would provide access
to computers for employees for the purpose of accessing the District's Parent Portal to
obtain information regarding the employees' children's academic progress. The
District will provide confirmation form for employee participation in parent/teacher
conferences.
Through The Parent Academy (TPA), interested City persbnnel will be provided with
training by the District regarding use of the District's newly launched Parent Portal and
other electronic resources available through the District
The District will focus on Miami Beach parents by creating a City-based model of TPA
using City facilities and other community sites.
The Diskict will support the City's Service Partnership (service program that partners
community agencies) via participation in the governing board, provision of referrals to
the program as appropriate, recruitment of students for employment opportunities, and
assistance in the collection of qualitative data to measure success, subject to parental
consent.
Key lntended Outcomes:
. Ensure Community access to educational information.. lncrease accessibility to family/individual support services.
Measures:
Parent satisfaction rates for each Miami Beach school;. Number of hours provided by City for City employees to attend teacher conferences,
etc.;. Number of parents from Miami Beach schools attending Parent Academy programs;
and. Percent of students referred by school personnel to the Service Partnership that obtain
employment.
Page 4 of 10
936
Health and Well-Beinq
Activities:
The District will maintain health clinics (nurse practitioners and/or registered nurses) at
Fienberg Fisher Elementary, Biscayne Elementary, Nautilus Middle School and Miami
Beach Senior High School, subject to continued available funding, and will work with
all Miami Beach schools to coordinate visits from the Health Connect on Wheels
service (as available) or similar service to schools and/or Miami Beach recreation
centers.
The District and the City will collaborate. to deliver information regarding health and
wellness education, prevention and intervention strategies regarding nutrition, physical
activity levels, and health maintenance in accordance with the District's Wellness
lnitiative.
The City will explore the development of a middle school-level afterschool program.
The District will collaborate with the City by assisting with the recruitment of students,
including providing space within District-owned facilities as needed, and exploring
expanded transportation options for participating students.
. District will explore the expansion of full-time nurse practitioners and/or registered
nurses at schools without health clinics, subject to available funding.
Key lntended Outcome:
. lncreased health and well-being of students.
Measures:
. Percent of Miami Beach schools scheduled for Health Connect Mobile provider (or
similar service) August through June;
Number of Health Connect on Wheels mobile unit visits (or similar service) to non-
clinic Beach schools and recreation centers; and
Number of schools with health clinics (Nurse practitioners and/or registered nurses)
through School Health Connect and/or equivalent
Student Achievement
Activities:
. The District will make available to the City all student survey data on a regular basis,
segregated by Miami Beach schools where possible, and the City may conduct similar
surveys with the assistance of a District Educational Evaluation single point of contact,
including findings on student ratings of self-esteem and sense of community. All
research is subject to approval by the M-DCPS Research Review Committee.
Page 5 of 10
937
The District will identify and pursue implementation of best practice strategies to
increase the graduation rate at Miami Beach Senior High School (MBSHS).
The City will work with the District toward the creation of an internship initiative with
Miami Beach City government to provide internship opportunities (as appropriate) to
MBSHS students based on parameters within the District's Secondary School Reform
plan.
The City will work with the District to support the creation of a speaker's bureau for
Miami Beach schools to provide teachers with access to speakers on specialized
topics.
The District will encourage the greater use of school facilities after-hours to support
community based programming for youth.
The District will explore avenues to enhance counseling and teacher-to-student ratios.
The City will negotiate where possible culture/arts contracts to include access to
programs by schools. The District will provide a dedicated Curriculum Coordinator
staffed to the feeder pattern to arrange for arts/culture utilization during school hours
and after-school hours and alignment to curriculum. Currently available City cultural
offerings for students include access to programs af the Bass Museum, Botanical
Garden, Byron Carlyle, Colony Theater, Fillmore at the Jackie Gleason, Wolfsonian,
Convention Center, Jewish Museum, 1Oth Street Auditorium, Little Acorn Theater, Arts
in Public Places, New World Symphony Campus (TBD), and various festivals/events.
. The City will support the small learning academies at the Miami Beach Senior High
School by providing City advisory board participants no more than once a month and
the District will provide training to City staff related to interdisciplinary teaching/learning
teams, relevant curriculum/instruction, inclusive programs/practices, continuous
program improvement, and building community support. Anticipated academies at
Miami Beach Senior High School may include, but not be limited to Business,
Management, and Administration, Hospitality and Tourism, lnformation Technology,
Public Service and Security, Visual and Performing Arts, Communication and Digiial
Media, Marine and Environmental Science, Foreign Language and Humanities,
lnternational Baccalaureate, Scholars Academy, and Education and Training Services.
Page6of10
938
The City and District will collaborate to implement an lnternational Baccalaureate (lB)
program within the Miami Beach feeder pattern. The City agrees that it will provide
funding for the implementation at Miami Beach Senior High School and Nautilus
Middle School in an amount notto exceed $155,000, and for Fienberg-Fisher Middle
Years Program in an amount not to exceed $ 68,000. The implementation of the lB
program with the Miami Beach feeder pattern is as follows:
The District will immediately initiate the application process for the lnternational
Baccalaureate Program (lBO Diploma Program) at Miami Beach Senior High
School (MBSHS) by submitting the lnterested Schools Form (October 2007),
Consultant Request Form (if applicable by November 2007), Application A
(March 1, 2008), Application B (June 1, 2008), Site Visit (Fall 2008), and
Authorization (Spring 2009).
The City will assist the District in discussing funding or other support from the
Miami Beach Chamber of Commerce or other appropriate organizations for
annual fees, teacher training, Diploma Program (DP) Coordinator supplement,
exam registration (per student), per subject exam fee/shipping, and books .
The City will provide resources for the IBO Diploma program rollouts including
funding for the feasibility study (if applicable), application A, application B, and
professional development costs including registration, travel and expenses for
instrUctional staff as applicable prior to full implementation of the program at
MBSHS.
The District will immediately initiate the application process for the lnternational
Baccalaureate Middle Years Program (lBO Middle Years Program) at Nautilus
Middle School (NMS) by submitting the lnterested Schools Form (October
2007), Application A (May 1, 2008), Application B (June 1, 2009), Authorization
(Fall 2010), and Evaluation (Spring 2014).
The City will assist the District in discussing funding or other support from the
Miami Beach Chamber or bther appropriate organizations for annual fees,
teacher training, Area of lnteraction (AOl) Leaders supplements, Middle Years
Program (MYP) Coordinator supplement, books, and extra teaching periods
supplements (as applicable).
The City will provide resources for the IBO Middle Years program rollouts
including funding for the feasibility study (if applicable), Application A,
Application B, and professional development costs including registration, travel
and expenses for instructional staff as applicable prior to full implementation of
the program at NMS.
The District will immediately initiate the application process for the lnternational
Baccalaureate Middle Years Program (lBO Middle Years Program) at Fienberg
Fisher grades 6-8 by submitting the lnterested Schools Form, Application A,
Application B, Authorization, and Evaluation.
Page 7 of 10
939
The City will provide resources for the IBO Middle Years program rollouts at
Fienberg Fisher 6-8 including funding for the feasibility study (if applicable),
Application A, Application B, and professional development costs including
registration and travel expenses for instructional staff as applicable prior to full
implementation of the program at Fienberg Fisher grades 6-8.
The District and City will pursue the development of an lB program at the
elementary school levels over the next 2 years, including development of
implementation funding requirements. Funding requirements will be presented
to the City Commission for approval. Further, as part of the feasibility review for
the implementation of a Primary Years lB program, the District and the City will
reach out to.its neighboring cities including the Town of North Bay Village and
Bay Harbor lslands in consideration of the location of the schools within their
borders.
. The City and District will seek to collaborate on grant development opportunities in
order to maximize the pool of available resources to serve the City's schools and
residents. Types of grants pursued will include, but not be limited to those supporting
student academic achievement, literacy, physical activity and fitness, social skills
building, family involvement, and health and well-being.
Key lntended Outcomes:
. lncreased academic suilport and achievement.. Increase academic enrichment. Pursue collaborative grants to support youth academic
needs and academic support citywide. lncreased number of graduates exposed to
external experiential activities including meaningful mentorships and/or internships.
Measures:
. Percent of high school students graduating who entered Miami Beach High in the 9th
grade year;. Number and percent of high school target population participating in City-sponsored
internship program;. Number of high quality internship opportunities made available to the Miami Beach
students by the City;
a
a
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Number of City employees that are registered mentors and providing services to Miami
Beach students;
Number of speaker hours provided by City 'experts' to schools on specialized topics in
support of the speaker's bureau;
Allocation per fulltime equivalent student;
Number of students enrolled in the lB program by school;
Number of Miami Beach schools receiving a state accountability grade of A or B;
Number of attendees by school to City-sponsored/supported cultural activities during
school hours and after-school hours;
Page 8 of 10
940
. Number of City management staff actively participating in School of Business and
Technical Arts, School of Creative Arts, and School of Liberal Arts smaller learning
academies in advisory board roles;
. Number of grants and amount of funding secured through collaborative efforts to
obtain grants supporting youth and public education; and. Number of students completing a City-sponsored internship.
Safetv
Activities:
. The District and City each will designate a Police Department liaison to coordinate
security and safety related activities for Miami Beach schools and to explore joint
training opportunities for personnel involved with safety issues at all Miami Beach
schools.
Key lntended Outcome:
. lmprove safety and/perceptions of safety at schools in City.
Measures:
. Parent, student and District perception ratings for school safety.
Technoloqv
Activities:
. To the extent the City maintains a free WiFi network Citywide; the City will provide free
WiFi access to support home access throughout the community and will provide
access to discounted computer equipment to all residents; helping to reduce the digital
divide.
. The District and City will collaborate to identify additional avenues for student access
to technology and the District will provide opportunities for technology training at
school sites for parent(s)/guardian(s).
Page 9 of 10
941
Key lntended Outcome:
. lmprove youth and parent access to technology.
Measures:
. Number of Miami Beach homes with technology enabling youth to access WiFi; and. Number of opportunities for technology training at school sites for
parent(s)/g uardian(s).
The adoption of this Education Compact between the City of Miami Beach and M-DCPS
establishes a pact to continually strive to promote excellence and relevance in education in
the City's schools and community at large by joining forces for the greater benefit of both the
students and the citizens of Miami Beach.
The City and the District agreed that any more favorable position provided in any other
District Education compact will be offered to the City of Miami Beach for consideration.
Page 10 of 10
942
1
t\.l
lN WITNESS WHEREOF, the Parties have caused this Education Compact to be executed in
their names by their duly authorized officers and the corporate seals to be affixed all as of the
day and year first above written.
we have set our hands and seals hereto on this / 0*J of
THE SCHOOL BOARD OF MIAMI.
DADE APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Title: SuperintendenUDesignee
THE SCHOOL BOARD OF MIAMI-
DADE COUNTY, FLORIDA
Title: School Board Attorney
Name: Agttstin J. Barrera Name: Perla Tabares Hantman
Title: Chair, School Board Title: Vice Chair, School Board
CITY OF MIAMI BEACH, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Gonzalez
Gity Manager City Attorney
Matti H. Bower
Mayor
ii,.'(l{1^^^y t^"t",^-
Title:
Name: Rudolph F. Crew -'J7-1,t,+x,rt7i .o
(r-
Namg: .Tose Smith
City Clerk
g MIAMIBffiAC}-I
943
ID:MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: November 12th,2014
SUBJECT: Discussion regarding homeless outreach in residential and high traffic areas
Please place on the November 19th City Commission Meeting Agenda a discussion item
regarding homeless outreach in residential and high traffic areas.
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 seruice and safety to all who live, work, and ptay in our vibrant, t ofegenda ltem R ? L
Date ll-19-lV944
THIS PAGE INTENTIONALLY LEFT BLANK
945
b MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: November 12th,2014
SUBJECT: Discussion and potential Resolution in support of Faena District Beach-walk and
Streetscape Plan
Please place on the November 1gth City Commission Meeting Agenda a Discussion and
potential Resolution in support of Faena District Beach-walk and Streetscape Plan.
Attached, please find Faena District Pavement (Beach-walk and ROW) plans.
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 ourvibrant, tuhgenda ltem I( ? M
Date ll-LQ-lt{946
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951
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: November 12th,2014
SUBJECT: Discussion regarding police policy and arresting of offenders for small amounts
of marijuana
Please place on the November 19th City Commission Meeting Agenda a discussion item
regarding police policy and arresting of offenders for small amounts of marijuana.
Attached, please find report released by The New York Times, "New York State is Set to
Loosen Marijuana Laws" and a second report by Big story app "NYC borough won't
prosecute low-level pot offenses".
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 seruice and safety to all who live, work, and play in our vibrant, t prAgenda ltem
Date952
New York State Is Set to Loosen Mariiuana Laws - NYTimes.com Page 1 of4
Ebcl{ctrfiorlc@imar h,np:/ /nyli.ms/1awcaLA
N.Y. / REGION
New York State Is Set to Loosen Marijuana Laws
By SUSANNE CRAIG and JESSE McKINLEY JAN.4,2014
ALBANY - Joining a growing group of states that have loosened restrictions on
marijuana, Gov. Andrew M. Cuomo of NewYork plans this week to announce an
executive action that would allow limited use of the drug by those with serious
illnesses, state officials say.
The shift by Mr. Cuomo, a Democrat who had long resisted legalizing medical
marijuana, comes as other states are taking increasingly liberal positions on it -
most notably Colorado, where thousands have flocked to buy the drug for
recreational use since it became legal on Jan. r.
Mr. Cuomo's plan will be far more restrictive than the laws in Colorado or
California, where medical marijuana is available to people with conditions as mild
as backaches. It will allowjust zo hospitals across the state to prescribe marijuana
to patients with cancer, glaucoma or other diseases that meet standards to be set
by the New York State Department of Health.
While Mr. Cuomo's measure falls well short of full legalization, it nonetheless
moves New York, long one of the nation's most punitive states for those caught
using or dealing drugs, a significant step closer to policies being embraced by
marijuana advocates and lawmakers elsewhere.
New York hopes to have the infrastructure in place this year to begin
dispensing medical marijuana, although it is too soon to say when it will actually
be available to patients.
Mr. Cuomo's shift comes at an interesting political juncture. In neighboring
New Jersey, led by Gov. Chris Christie, a Republican whose presidential prospects
are talked about even more often than Mr. Cuomo's, medical marijuana was
approved by his predecessor, Jon S. Corzine, a Democrat, but was put into effect
only after Mr. Christie set rules limiting its strength, banning home delivery, and
http://www.nytimes.com/2014101105/nyregion/new-york-state-is-set-to-loosen-marijuana-laws.ht... lll12l20l4953
New York State Is Set to Loosen Marijuana Laws - NYTimes.com Page2 of 4
requiring patients to show they have exhausted conventional treatments. The first
of six planned dispensaries has already opened.
Meanwhile, NewYork City's new mayor, Bill de Blasio, had quickly seemed to
overshadow Mr. Cuomo as the state's leading progressive politician.
For Mr. Cuomo, who has often found common ground with Republicans on
fiscal issues, the sudden shift on marijuana - which he is expected to announce on
Wednesday in his annual State of the State address - was the latest of several
instances in which he has embarked on a major social policy effort sure to bolster
his popularity with a large portion of his political base.
In zott, he successfully championed the legalization of same-sex marriage in
NewYork. And a year ago, in the aftermath of the mass school shooting in
Newtown, Conn., Mr. Cuomo pushed through legislation giving NewYork some of
the nation's toughest gun-control laws, including a strict ban on assault weapons.
He also has pushed, unsuccessfully so far, to strengthen abortion rights in state
law.
The governor's action also comes as advocates for changing drug laws have
stepped up criticism of New York City's stringent enforcement of marijuana laws,
which resulted in nearly 45o,ooo misdemeanor charges from 2oo2to 2ot2,
according to the Drug Policy Alliance, which advocates more liberal drug laws.
During that period, medical marijuana became increasingly widespread
outside NewYork, with some zo states and the District of Columbia now allowing
its use.
Mr. Cuomo voiced support for changing drug laws as recently as the 2013
legislative session, when he backed an initiative to decriminalize so-called open
view possession of 15 grams or less. And though he said he remained opposed to
medical marijuana, he indicated as late as April that he was keeping an open mind.
His shift, according to a person briefed on the governor's views but not
authorized to speak on the record, was rooted in his belief that the program he has
drawn up can help those in need, while limiting the potential for abuse. Mr.
Cuomo is also up for election this year, and polls have shown overwhelming
support for medical marijuana in New York: Bz percent of New York voters
approved of the idea in a surveyby Siena College last May.
Still, Mr. Cuomo's plan is sure to turn heads in Albany, the state's capital.
Medical marijuana bills have passed the State Assembly four times - most
http://www.nytimes.coml20l410ll05lnyregiorVnew-york-state-is-set-to-loosen-marijuana-laws.ht... lllt}l21l4954
New York State Is Set to Loosen Marijuana Laws - NYTimes.com Page 3 of4
recently in zor3 - only to stall in the Senate, where a group of breakaway
Democrats shares leadership with Republicans, who have traditionally been
lukewarm on the issue.
Mr. Cuomo has decided to bypass the Legislature altogether.
In taking the matter into his own hands, the governor is relying on a provision
in the public health law known as the Antonio G. Olivieri Controlled Substance
Therapeutic Research Program. It allows for the use of controlled substances for
"cancer patients, glaucoma patients, and patients afflicted with other diseases as
such diseases are approved by the commissioner."
Mr. Olivieri was a NewYork City councilman and state assemblyman who
died in 19Bo at age 39. Suffering from a brain tumor, he used marijuana to
overcome some of the discomfort of chemotherapy, and until his death lobbied for
state legislation to legalize its medical use.
The provision, while unfamiliar to most people, had been hiding in plain sight
since r98o.
But with Mr. Cuomo still publicly opposed to medical marijuana, state
lawmakers had been pressing ahead with new legislation that would go beyond the
Olivieri statute.
Richard N. Gottfried, a Manhattan Democrat who leads the assembly's health
committee, has held two public hearings on medical marijuana in recent weeks,
hoping to build support for a bill under which health care professionals licensed to
prescribe controlled substances could certift patient need.
Mr. Gottfried said the state's historical recalcitrance on marijuana was
surprising.
"NewYork is progressive on a great many issues, but not everything," he said.
Mr. Gottfried said he wanted a tightly regulated and licensed market, with
eligible patients limited to those with "severe, life-threatening or debilitating
conditions," not the broader range of ailments - backaches and anxiety, for
instance - that pass muster in places like California, which legalized medical
marijuana in 1996.
"What we are looking at bears no resemblance to the California system," Mr.
Gottfried said.
http://www.nytimes.com/2014101105/nyregiorVnew-york-state-is-set-to-loosen-marijuana-laws.ht... llll2l20l4955
New York State Is Set to Loosen Mariiuana Laws - NYTimes.com Page 4 of 4
While he was aware of the Olivieri statute, he believed it had not been
implemented because it would have required "an elaborate administrative
approval process," which he said could be overly burdensome on patients.
Ethan Nadelmann, the executive director of the Drug Policy Alliance, praised
Mr. Cuomo's decision as "a bold and innovative way of breaking the logjam" in
Albany, though it may not be the final word on medical marijuana.
Mr. Cuomo "remains committed to developing the best medical marijuana
law in the countrT," Mr. Nadelmann said. 'And that's going to require legislative
action."
The administration has much work to do before its program is operational:
For starters, it must select the participating hospitals, which officials said would be
chosen to assure "regional diversity" and according to how extensively they treat
patients with or research pertinent illnesses like cancer or glaucoma.
Another hurdle: State and federal laws prohibit growing marijuana, even for
medical uses, though the Obama administration has tolerated it. So NewYork will
have to find an alternative supply of cannabis. The likely sources could include the
federal government or law enforcement agencies, officials said.
Correction : J ornuqry 4, 2 o 74
An earlier version of a map with this qrttcle reuersed the locations of North and
South Dakota.
Thomas Kaplan contributed reporling.
A version of this article appears in print on January 5,2014, on page A1 of the New York edition with the
headline: New York State ls Set to Loosen Marrluana Laws.
@ 201,4 The New York Times Company
http://www.nytimes.coml20l4l0ll05/nyregion/new-york-state-is-set-to-loosen-marijuana-laws.ht... ltll2l20l4956
NYC borough won't prosecute low-level pot offenses
AP
Florida Criminal Defense
itate & Federal/Former Prosecutor Free Consultation, Availabl e 2417.
OO
NYG borough LATEST NEWS
won't
prosecute low-
level pot
r,ll
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BROOKLYN WILL LIKELY GET THE CASES wortd
DROPPED BEFORE EVEN HAVING TO GO (/article/1269e68d0d 4c48Oea62a8cbceb61 8'
TO COURT, DISTRICT ATTORNEY KENNETFITs-china-climate-deal-means-world)
THOMPSON ANNOUNCED TUESDAY IN A
NOVEL MOVE TO ADDRESS THE HEAVY
TOLL OF POT ARRESTS !N THE NATION'S
LARGEST CITY. O/OODO/OOA %OD%
http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses tr/12/20t4957
NYC borough won't prosecute low-level pot offenses
OAHTTP ://B I GSTO RY.AP. O RG/ARTI C L E/NYC -
BOROUG H.WONT-PROSECUTE.LOW.
LEVEL-POT-OFFENSES)
2
NEW YORK (AP) - Many of the
thousands of people arrested on low-
level marijuana possession charges in
Brooklyn will likely get the cases
dropped before even having to go to
court, District Attorney Kenneth
Thompson announced Tuesday in a
novel move to address the heavy toll of
pot arrests in the nation's largest city.
Many such cases have historically
gotten dismissed anyway. But
Thompson's new policy marks a
departure by nixing the cases upfront,
sparing arrestees time in custody and
court - and sending a message that a
DA is pushing fonrvard a public
discussion of pulling back from a spike
in marijuana arrests citywide in recent
decades.
"Given that these cases are ultimately
- and predictably - dismissed, the
burdens that they pose on the system
and the individual are difficult to justify,"
he said. "We are pouring money into an
endeavor that produces no public
safety benefit."
Critics of the arrests have long made
that argument, and some of the city's
four other DAs have also expressed
reservations. The Bronx and Manhattan
DAs have backed legislative proposals
to ease the bottom-tier pot possession
Page 2 of 7
(/a rti cle/9 1 d 869d 5cf9 542a1 97 7 26a0 e544eOt
cong resswoman-marge-roukema-d ies-85)
Former Congresswoman Marge Roukema
dies at age 85
(/a rticle/9 1 d 869d 5cf9 542a1 977 26a0e544e01
congresswoman-marge-rou kema-d ies-85)
(/a rti c I e/ae 302f97 7 bb946ae9 1 ac07 2080840 e
patient-s ues-after-f i rm-wo nt-h i re-her)
Marijuana patient sues after firm won't hire
her
(/a rti cl e/ae 302f 97 7 bb94 6 a e 9 1 ac07 2080840 e
pati ent-sues-afte r-fi rm-wont-h i re-her)
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not-worried-about-l i neu p-changes-g i bbs)
Grubb not worried about lineup changes at
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not-worried-about-l ineu p-chan ges-g ibbs)
Ad ve rtise me nt
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ilU'ihmffi*mmeui
http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses tt/12/2014958
NYC borough won't prosecute low-level pot offenses
law. But some DA offices, including
Staten lsland's, note that they're tasked
with enforcing the laws.
Brooklyn's move could mean similar
arrests in the same city get handled
differently depending on where they
happen. Brooklyn prosecutors felt they
had to take action on their own
because of the high number of arrests
in the borough, the city's most
populous, said Eric Gonzalez, the DA's
counsel.
Police Commissioner William Bratton
said he shared many of Thompson's
concerns and recognized the DA's
prerogative to decide which cases to
prosecute. But "in order to be effective,
our police officers must enforce the
laws of the state of New York uniformly
throughout all five boroughs," Bratton
said in a statement.
The state partly decriminalized pot
possession in 1977 but drew a dividing
line: Having up to 25 grams is a non-
criminal violation akin to a traffic ticket if
it's in a purse or pocket but a
misdemeanor if it's "open to public
view."
Such misdemeanor arrests averaged
about 2,100 a year in New York City
from 1978 through 1995. Then they
started soaring, peaking at 50,700 in
2011. They totaled 28,600 last year and
came to 12,300 in the first five months
of this year, down 5 percent from the
Page 3 of 7
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http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses lUt2l20t4959
NYC borough won't prosecute low-level pot offenses
same period last year, according to the
latest available state Division of
Criminal J ustice statistics.
Thompson's new approach has some
exceptions: people with arrest warrants
or substantial criminal records and
those smoking pot near children, for
instance.
Advocates for less restrictive drug laws
hailed the shift.
"lt's good policy, and it's the right thing
to do," said Gabriel Sayegh, the Drug
Policy Alliance's director for New York
state.
The alliance and other critics say the
arrests have been racially
disproportionate and reflect
questionable police tactics. Eighty-six
percent of last year's pot arrestees
were black or Hispanic.
Police were reminded in September
2011 that they couldn't induce people
to bring the drug out, and former Mayor
Michael Bloomberg announced in 2013
that most low-level pot arrestees would
get court appearance tickets instead of
being booked and waiting for
arraignment.
Associated Press writer Jake Pearson
contributed to this report.
Reach Jennifer Peltz on Twitter
Page 4 of 7
(http ://urww. bi gstory.a p.org/local-
m i dte rm -el ecti o ns-cove ra ge)
TOPICS
D ru g -re lated c ri m e (/tags/d ru g -related -cri r
Michael Bloomberg (/tags/michael-blooml
E ric Gonzalez (/tags/eric-gonzalez),
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http://bigstory.ap.org/article/nyc-borough-wont-prosecute-low-level-pot-offenses lllt2/20T4960
THIS PAGE INTENTIONALLY LEFT BLANK
961
r -e. ^e.f/-.^tE,
OFFICE OF THE C Y MANAGER COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Me of the
FROM: Jimmy Morales, City Manager
DATE: November 19,2014
SUBJECT: Special Master Case No:M 14-003 Appeal by the Miami Design
Preservation League, lnc., Appellees: Miami Beach Community
Church, lnc., South Beach Tristar, LLC, City of Miami Beach Address:
1620 Drexel Avenue, Miami Beach
Background
An application for construction of a new two-story retail store, with amenities was
proposed for the vacant northeastern corner of 1620 Drexel Avenue site of the
contributing (historic) Miami Beach Community Church structure. The Miami Beach
Community Church (Church) was the original applicant. The application was later
amended to add lessee Tristar as a co-applicant. The application was approved
unanimously by the Historic Preservation Board during its May 20,2014 hearing. The
City Commission originally considered seeking reconsideration, and ultimatelydeclined
to do so, provided the Church provide certain safeguards for the preservation and
restoration of the church. Within the required time period for a rehearing the Miami
Design Preservation League, lnc. (League), filed a request for rehearing before the
Historic Preservation Board. Ultimately, the Board denied the rehearing request.
Thereafter, the Miami Design Preservation League, lnc., appealed the Historic
Preservation Board decision to deny rehearing to the Historic Preservation Special
Master. On Halloween, October 31 ,2014, the Special Master issued a two part order:
(1 ) affirming the unanimous May 20, 2O14 decision of the Historic Preservation Board
authorizing the Church's application forthe Certificate of Appropriateness to construct;
and (2) reversing the August18,2014 denialof the League's rehearing request before
theCity'sHistoricPreservationBoard. AcopyoftheorderisattachedheretoasExhibit
A.
Agenda nem RQ 0
962
Special Master - Community Church Appeal
November 19,2014 Page 2 o'f 2
Pursuant to Section 1 18-357(b)(4), of the City Code, the decision of the Special Master
may be appealed by a petition for writ of certiorari to the Circuit Court by the City
Manager. The property owner/applicant(s) may separately file an appealto the Circuit
Court. However, the City has a separate right to do so.
Recommendation:
The City Manager is seeking direction whether the Mayor and City Commission
would like for the City to appeal the decision of the Special Master. A copy of the
Special Master order is enclosed for your rev
963
BEFORE THf, SPECIAL MASTER
CITY OF MIAMI BEACH, FLORIDA
CASE NO.: HPSM-I{-003
IHPB FrLE NO. 74241
IN RE: MIAMI BEACH COMMUNITY CHURCH
1620 DREXEL AVENUE,
MIAMI BEACH, FLORIDA,
DE_CI$ION_AND O_BDER
THIS IS AN APPEAL bY MIAMI DESIGN PRESERVATION LEAGUE, INC.
("MDPl"Xhereinafter the "Appellant") from: (a) an Order of the Historic Preservation
Board (hereinafter the "Board"), rendered May 20, 2014, granting a Certificate of
Appropriateness to Appellee/Applicant, MIAMI BEACH COMMUNITY CHURCH,
INC. ("MBCC")' "for the construction of a new 2-story commercial building with active
roof deck, including the demolition of the existing raised terrace located at the north
elevation facing Lincoln Road, the demolition of the existing site wall, and partial
demolition of the existing 2-story building located along Drexel Avenue." [HPB Order
(May 20, 2014), p. l.l; and (b) an Order of the Board, rendered August 18, 2014, denying
MDPL's Petition for Rehearing.
The property under consideration, with a sfieet address of 1620 Drexel Avenue, is
located at the Southwest corner of Lincoln Road and Drexel Avenue. [Staff Report
t SOUTH BEACH TRISTAR, LLC ("TRISTAR") also appeared in this proceeding and
identified iself, as an "applicant" in the joint MBCC/TRISTAR Responsive Brief.
IMBCC/TRISTAR Responsive Briefi, p. 1]. ln addition, the Application, appended to the
CITY's Responsive Brief, shows it being signed not only by MBCC, but also by
TRISTAR, as an Applicant, i.e., "1, David Edelstein being first duly sworn, depose and
say that I am the Managing Member of South Beach Tristar, LLC and as such, huve been
uuthort:ed by such ent ity to lile this appficaion . . . ." .
EXHIBIT
I
964
DECISION AND ORDER
CASE NO.: HPSM-l+003
PAGE 2
(5ll3ll4), p 3l I The property was deeded to the Congregational Church Building
Society in 1920 by Carl Fisher's Alton Beach Realty Company. [Staff Report (5tl3ll4\,
p. 31. Shortly thereafter, architect Walter De Garmo was commissioned to design the
City of Miami Beach's first church building on the site. [Staff Report (5/13/la), p. 3].
"The [resulting] one-story, Spanish Mission style structure is constructed of concrete with
decorative cast-stone pilasters and is one of the most highly contributing buildings ever to
be constructed on Lincoln Road." [StaffReport (5/l3i l4), p. 3].
After consideration of the record of the proceedings below, including the
transcrips of the Board's hearings conducted on May 13,2014, and August 12,2Ol4,and
the written and oral arguments of the parties, the decision of the Special Master is as
follows:
A.
STANDARD OF REVIEW
pursuant to Section I l8-537(bX2) of the City Code of the City of Miami Beach,3
in order for the Special Master to reverse, amend, or modifu a decision of the Board, the
Special Master shall find that the Board did not either: (a) provide procedural due
process; (b) obsewe essential requirements of law; or (c) base its decision upon
substantial competent evidence.
'The StaffReport is adopted as part of the Order of the Board. [See HP Order (51?0114),
p. 4l
I Rli Section references are to the Code of the City of Miami Beach (hereinafter the
"Code") unless otherwise indicated.
965
DECISTON AND ORDf,R
CASI NO.: HPSM-l+00J
PAGE 3
B.
BACKGROUND Rf,,GARDING
THE MOTTON FOR R,f,HEARING
On December 11,2013, MBCC and TRISTAR entered into a Letter of Intent
regarding a proposed Ground Lease for an approximately 7,000 square foot parcel of
vacant land located at the corner of 1620 Drexel Avenue, Miami Beach, FL. [See MDPL
Appendix, Exhibit C]. The Letter of lntent included a non-refundable "donation" to
MBCC, in the amount of $500,000, subject only to the condition that Congregational
Approvalbe obtained by January 31,2014. [See MDPL Appendix, Exhibit C].
On May 13, 2014, after hearing, the Board's granted MBCC/TRISTAR's
Application for Certificate of Appropriateness. On June 5,2014, MDPL filed its Motion
for Rehearing. [See StaffReport (8ll7l1tr-); and MDPL's Motion for Rehearing].
On August 11,2014, the day prior to Board's meeting to consider MDPL's
Motion, the Miamt llew T'imes published an article concerning the development and the
$500,000 donation. [Transcript (8ll2il4), p 28]. Later that day, Rev. Harold Eugene
Thompson, Jr., Senior Pastor of the MBCC, delivered a letter to the Board Members,
dated August I l, 2014, in which he attached the aforementioned Letter of Intent, and
page 2 of the purported Lease between MBCC and TRISTAR. IMDPL Appendix,
Exhibit Cl.
On August 12, 2014, the Board considered, at a public quasi-judicial hearing,
MDPL's Motion for Rehearing. [Transcript (08/l2ll4)]. There were seven (7) members
of the Board present ar the meeting. [Transcript (8/12114), p. 2]. At the commencement
966
DICISION AND ORDER
CASE NO.: HPSM-l+003
PAGE 4
of the hearing, the Board's attorney, announced the procedure, a "bifurcated" two step
process, for handling the Motion for Rehearing. [Transcript(8ll2ll4), p. a].
During the first step of the process, the Board would make an initial determination
as to whether the petition satisfies one of the two rehearing criteria, i.e.,: (l) there is
newly-discovered evidence likely to be relevant to the decision of the Board; or (2) the
the Board has overlooked or failed to consider something which renders the decision
issued erroneous. [Transcript (8/12l14), p. 4]. The Board's attorney specifically stated
that during this first step, "... we're confined to the petition itself. No evidence outside
the petition should be presented to the board. It's a determination of whether the petition
iself satisfies the requirements." [Transcipt(8ll2ll4)' pp 4-5].
During the seond step, if the Board decides that the petition satisfies the
requirements in the first step, the Board would proceed with the rehearing. [Transcript
(8/12114), p. 51.
After hearing the presentations of MDPL and MBCC, the Board deliberated the
merits of MDPL's Petition, and the Chairman kept a tally of how many members of the
Board were in favor and against a rehearing: "We have four possible yes's." [Transcript
\8ll2ll4), p. 441. Unsure of the numerical vote required for a rehearing, the Chairman
requested the opinion of the Board's attorney, who opined that "a guorum, which is four
members is necessary for all votes." [Transcript (8ll?ll4], p 46].
The Chairman then proceeded to request a motion and a second; however, at the
insistence of the Board's attorney, the Chairman demanded that each member voting in
favor of rehearing speciry the grounds upon which that individual member's vote was
967
DECISIOI{ AND ORDER
CASf, NO.: HPSIYT-l+003
PAGE 5
based. [Transcript (8112114), pp. 52 (member Bradley), 53 (member Manning), 55
(member Bailleul)]. The Board's a$orney rationalized that he needed the statement of
each Board member, as to how the code requirements were met, but only from those
members who voted in favor of rehearing, "in order to defend the decision on rehearing."
[Transcript (8ll?ll4), p. 5l] MDPL's attorney objected to this procedure, rvhich
objection the Chairman ovemrled. [Transcript(8ll2ll4\, pp. 52-53]. The finalvote was
four to three against rehearing. [Transcript (8ll2ll4), pp- 55]
Finally, at the conclusion of the voting, a member of the public, Frank Del
Vecchio, requested an opportunity to address the Board on the rehearing, which was
denied on the basis that the Board did not reach the second phase of the "bifurcated"
hearing, and the first phase was "not open for public hearing". [Transcript (8/12114), pp.
s6-s7l
C.
THE FAII,IIRE, TO PERMIT PTIBI,IC COMMENT/TESTIMONY DTIRING THE
CONSIDERATION OF THE PETITION FOR REHEARING
MDPL's first claim is that the Board denied it due process at the August 12,2014
hearing when the Board declined to permit public commenUtestimony from Mr. Del
Vecchio. [See Transcript (8112/14), pp. 55-57.]
Section 2-513, entitled, "Conduct of hearings", provides in pertinent part:
(c\ (londuct oJ' heuring.
( I ) The initial order of the hearing shall be as follows:
Perticinants in support of the spplicttion shall prgent
their testimony end sny evidence.
g.
968
DECISION AND ORDER
CASE NO.: HPSM-l+003
PAGE 6
After the presentation in favor of the matter, the hearing shall
proceed as follows:
d. Any other member of the public may testify rnd
present evidencC-es is subiect to cro$ examination.
[bolding and underlining added].
Fu rthe rmore, Section lL$' LA7, entitled, Meeti ngs, provides:
The historic preservation board shall meet at the call of the
chairperson or the planning director in order to carry out the
provisions of this division. All meetings shall be open to the public
and shatl be conducted in accordance with the rules and regulations
adopted by the board. Members of the public shall have the right
to iddrcss the board and to present evidence. [bolding and
underlining addedl.
Based on Sections 2-SL3 and 118-107, it was error to refuse to allow Mr, Del
Vecchio to address the board. Although the Board was free to adopt a "bifrtrcated"
rehearing process, having done so, it was required to allow the public to address the
board at each phase of the process, lesL as occurred to Mr. Del Vecchio, the public
not get the opportunity to address the Board.
Despite the error, the record does not reflect that MDPL's counsel made a
contemporaneous objection at the time the Board's attomey, with the consent of the
Chairman, opined that Mr. Del Vecchio was not permitted to address the Board.
As conectly noted in MDCCiTRISTAR's Responsive Briel the scope of
appellate review under Florida law, including appeals from quasi-judicial boards, such as
(2)
969
DECISION AND ORDER
CASE NO.: HPSM-l+003
PAGE 7
the Historic Preservation Board, is generally limited to those issues that were "preserved
with a sufficiently specific objection below." Clear Channel Communicatiorts, Inc v.
Ctty oI N. Bay Village, gl I So.2d 188, 190 (Fla. 3'd DCA 2005); and Firsl City Sav.
Corp. o/Tr,r.v. S & B Partners,548 So.2d 1156, ll58 (Fla.5'hDCA 1989|arguments
not raised before quasi-judicial board may not be considered on appeal).
Thus, on the issue of declining to allow a member of the public to testily, I find
that the issue was waived by not being properly preserved by MDPL at the Board hearing
below.{
D.
THIE ["AIL-U-RE- IQ DISCLOSE
THf,, S5@_,@ UqNATIoN
MDPL's second claim relates to the failure of MBCC/TRISTAR to disclose,
pursuant to Section I t8-31, not later than the commencement of the Board's hearing on
May I 3,z)l4,the $500,000 "donation"t to MBCC.6 This Section provides:
a t specifically reiect and disagree with MDCC/TRISTAR's argument that MDPL did
not have standing to raise this issue.
s ln a Letter of tntent, dated December LL,2073, signed by both MBCC and TRISTAR,
in a section entitled, "DONATION", the $500,000 payment by TRISTAR to MBCC is
referred to as a non-refundable "donation", subiect only to Congregational approval
by f anuary 3L, Z0L4; the $500,000 payment was not denominated prepaid rent in
ttrai tettei. Prepaid Rent was separately provided for in that leBer in the amount of
$3,500,000, in a section denominated "RENT"' The Letter of Intent was appended
without objection to MDPL's Initial Brief as Exhibit "C"'
6ln the consideration of this argument, the Special Master declines to consider, and
strikes from the record, Exhibit B of MDPL's lnitial Brief, a Miami New Times
newspaper article, that was apparently never actually distributed to the Board at or
prior to the hearing on August 12, 2014, although it was referred to by
itlACCTtnfSTAR in their presentation to the Board on that date. [Transcript
(8/r2/14), p.281.
970
DECISION AND ORDf,R
CASE NO.: HPSM-l,l-003
PAGE 8
Section I l&31. - Disclosure requiremenL
Eech person or entity requesting epproval- relief or other action from
lew ion boerd (i
hearine(s). eny consideration provided or committed. directly or on its
behalf. for an agreement to support or withhold obiection to the requested
approval. relief or action- excluding from this requirement consideration for
legal or design professional servic.es rendered or to be rendered' The
diiclosure shall: (i) be in writing, (ii) indicat€ to whom the consideration has ben
provided or committed, (iii) generally describe the nature of the consideration,
and (iv) be read into the record by the requesting person or entity prior to
submission to the secretaryiclerk of the respective board. Upon determination by
the applicable board that the foregoing disclosure requirement was not timely
satisfied by the person or entity requesting approval, relief or other action as
provided above, then (i) the application or order, as applicable, shall immediately
be deemed null and void without further force or effect, and (ii) no application
from said person or cntity for th subject propcrty shall be revicwed or considcred
by the applicable board(s) until the expiration of a period of one year after the
nullification of the application or order. It shall be unlawful to employ any
device. scheme or artifice to circumvent the disclosure requirements of this
section and such circumvention shall be deemed a violation of the disclosure
requirements of this section. [underlining and bolding added].
On its face, but without deciding the point (see discussion below), Section 1 lE-31
seems to require that TRISTAR (an entity requesting approval from the Board), disclose
at the commencement of the public hearing on May 13,2014 (on its Application for a
Certificate of Appropriateness), the $500,000 donation (consideration) by TRISTAR to
the MBCC (for an agre€ment to support or withhold objection to the requested approval).
l.
Waiver
As MBCC/TRISTAR appropriately point out in their Responsive Brief, MDPL
also failed to raise this argument both in their Petition for Rehearing, dated June 6, 2014,
and during the hearing before the HP Board on their Motion for Rehearing held on
971
DECISION AND ORDER
CASE NO.: HPSM-l+00J
PAGI 9
August lZ, 2014. tn considering whether MDPL waived this issue, I consider the
fol lowing circumstances.
First, the fact of the donation was not publically disclosed until the Miumi l'lew
'l'imes published its article on August 11, 2014, the day pnor to the HP Board's Hearing
on August 12,2Ol4 [see Transcript, p. 28]. Thus, MDPL could not have known about
this lack of disclosure in time to raise it three (3) months earlier at the May 13' 2014
hearing, nor include it in their Petition for Reheanng filed two (2) months earlier on June
5,2014.
Second, at the commencement of the Board's hearing on MDPL's Motion for
Reheanng on August 12,2014, at the invitation of the Chairman, the Board's attorney
announced the procedure that would be followed, including restricting both
MBCC/TRISTAR and MDPL to a "five minute presentation" "confined to the petition
itself." [Transcript (8ll2ll4), p. 4]. Indeed, the Board's attorney went on to specifically
state: "No evidence outside the petition should be presented to the board." [Transcript
(gll}tl4), p 4l Although this advice was cartainly consistent with the rehearing
procedure specified in Section I l8-537(a), it was inconsistent with the fundamental duty
imposed on the HP Board under Seclion ll8-31 to enforce required disclosures. In
essence, the Board shut iS eyes to the Section I 18-31 issue" and mu"led MDPL from
raising it too.
Thus, the Special Master finds that the failure of the Board to consider the Section
ll8,3l issue .saa sponte, and to further so confine the parameters of the hearing to
prevent MDpL from raising the issue, constitutes "fundamental error" amounting to a
972
DECISIOI\ AND ORDER
CASE NO.: HPSM-t+003
PAGE IO
denial of due process. Under these circumstances, it is appropriate for, and within the
discretion of, the Special Master to consider MDPL's argument on the Section ll8-31
issue for the first time on appeal. Ilithen v. Blomberg, 4l So.3d 398, 400 (2d DCA
201gX"[a] denial of due process, if proven, constitutes fundamental error, which may be
challenged for the first time on appeal."), citing Verizon Bus Networ* Sen's', Inf. v'
Dq't of Corrs., ggg so.2d 1148, ll5l (Fla. l" DCA 20O8Xconsidering merits of
appellant's due process claim that it was denied the right to have the case considered by
an impartial tribunal despite the fact that argument was not made below).
2.
Applieability
MBCC/TRISTAR and the CITY both argue that section I l8-31 does not apply to
any situation except where consideration is provided by an applicant to a third party, such
as a neighbor or representative gfoup, to support (or not oppose) an application.
IMBCC/TRISTAR RESPONSM BRIEF, p l8l. The Special Master believes that the
language of Section I 18-31 requires the Board, in the first instance, to determine if
Section I I 8-31 applies to the situation at hand, and if Section I l8-31 has been violated.
E.
REQUTBING B,9ARD ME,LI-DEBS Tg $IATE- rHE BASIS
SUPPQRTDIG TIIET-R VQIE EC)B B-EEEARING
Again, Section ll8-107 provides that "all meetings ... shall be conducted in
accordance with the rules and regulations adopted by the board." The Board has adopted
..By-Laws - Rules and Regulations Governing Procedure". Under ARTICLE Il'
973
DECISION AND ORDER
CASE NO.: HPSlll-l+003
PAGE II
entitled, "GENERAL RULES"" Section 2, entitled, "Rules of Order", the By-Laws
provide:
The Bpqfd -hereb,y ldopt!, incorporates by reference and deems
as being inserted herein Bqb-ef$,Rgks*-o-tQ1-der, as amended or revised
fqr Jbe- gonduct, prsctice lpd pr-qged-Ulg 9f ils helnUgp' [bolding and
underlining addedl.
Robem Ral15 of Order does not contemplate a member being required to explain
the grounds supporting a member's vote; to the contrary it contemplates the opposite. In
the Chapter entitled, "Voting Procedure", the following rule is provided:
RULE AGAINST EXPLANATION BY MEMBERS DURING VOTING.
A member has no right to "explain his vote" 4Ptng voting, which would
be the same as debate at such time. [RONf, 0f ed), p' 395,1' 4-71'
Furthermore, by demanding a Board member justit his vote in favor of reheanng
(while not simultaneously requiring Board members voting against rehearing to similarly
justiry their vote) had the disturbing appearance that the Chair and Board Attorney were
pressuring Board members into voting against rehearing'
Although MDPL properly preserved this error during the hearing by voicing an
objection, the error was not raised in their briefs. Generally, a failure to argue in a brief a
point or position precludes an appellate court's consideration of the question lCity ot
Miami v. Steckloff,l I I So.2d 446 (Fla. 1959)l; however, an appellate court may address
sua sponte a fundamental error which is apparent on the face of the record. Stue v. D.C.,
2g So.3d I167, I 16g, n. 2 (Fla. 4"' DCA 20l0x"Although neither party raised this issue
either in the fial court or on appeal, an appellate court may address suu sponle an elror
which is apparent on the face of the record."),citing Goss v. State,398 So.2d 998,999
974
DECISION AND ORDER
CASE NO.: HPSM-l+003
PAGE I]
(Fla. 5e DCA l98lX"Sza sponte, we find fundamental error in the conviction for the
felony murder count, which issue we address notwithstanding appellant's failure to raise
it either in the trial court or on appeal.")
The Special Master finds that this error constituted a denial of due process and
was, "fundamental error."
IT IS THEREFORE ORDERED that the appeal of the Appellant is granted in
part.7 The Order of the Board, dated May 20,2014, is left undisturbed. The Order of the
Board, dated August 18, 2014, is REVERSED, and this cause is remanded to the Board
with instructions to: (a) conduct a public hearing, consistent with this opinion, at which
members of the public may be heard; (b) determine whether Section I l8-31 applies, and,
if so, whether at the commencement of the Board's hearing of May 13, 2014, the
requirements of Section I l8-31 were 'timely satisfied by the person or entity requesting
approval": and (c) consider de nowtMDPL's Petition for Rehfng.
DATED this 3lst* day of October, 2014.
Copies provided to:
Stuart Reed, Esq.
Michael Larkin, Esq.
Gary Held. First Asst. CitY AttY.
7ln the appeat ln re Barbtzon Hotel, the Special Master adopted as a rule of
procedure ln all cases, Rule 9.330 [a) and (b), Fla. R. of Appellate Procedure'
Accordingly, the Special Master will entertain motions for either rehearing or
clarification within the time limits of that Rule.
975
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: November 13, 2014
Re: Commission Agendo Discussion ltem
Pleose ploce on the November 19, 2014, Commission Agendo the following issue for
discussion:
The portion of the boordwolk thot is scheduled to remoin intoct between 24th ond 27th
streets. This oreo of the boordwolk will be flonked by the new ond beoutiful beoch
wolk to the north ond south.
JW
We are cammilted to providing excellent' public service ond sofefy to oll who ive, w'ork, and ploy in our vibranl, fropical, hi"t^.;. eammtrnitv
Agenda ttem RI PDate ll-lQ-lV976
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977
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: November 13, 2014
Re: Commission Agendo Discussion ltem
Pleose ploce on the November 19, 2014, Commission Agendo the following issue for
discussion:
Funding for removol of the Pine Trees on Pine Tree Drive
JW
We ore cammitted to providing excellent public service ond sofefy to oll who live, work, ond ploy in our vibront, tropicol, historic communifl.
Asenda ltem R9 &
Date-n4Etq978
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979
g MIAMI BEACH
OTFICE OT THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: November sth , 2014
SUBJECT: Agenda item for November 1gth, 20'14 City Commission Meeting
Please place on the November 19th City Commission Meeting a discussion regarding
the installation of parking payment stations at the P Lot.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
Wt, ore ccnmilled ta praviCing e:rceilenl public senace ernd sr:Ieil ft: slt n:hr: ilve word. cnd pioy in orir vibront til,tprcci &rs,oric cs.nmunr$r
Agenda ltem R?R
oate ll-lQ-l!980
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981
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: November13th,2014
SUBJECT: Agenda item for November 19th, 2014 City Commission Meeting
Please place on the November 19th City Commission Meeting a discussion regarding
reevaluation of City of Miami Beach Tuition Assistance Policy for City of Mlami Beach
employees,
Attached please find:
. Current City of Miami Beach Tuition Assistance Policy. Miami- Dade County Tuition Refund Programo City of DoralTuition Reimbursement Policy. Emailfrom Sylvia Crespo, Human Resources Director and City Manager, Jimmy
Morales dated July 1 1tn,2014
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
th>"
We ore cammiteC to provrdrng exceilenl purbl;c seruice orid s*b4r to oil who !i'te. vw& ond pioy tn avr vib*nt. kopical. histortc ca,,nmunity.
il
it
r1:l
Agenda ltem R?5
Date982
CITY OF IUIAI\il BEACII PROCEDURE# 6.3O,00
TI"IITION ASSISTAIfCE POLICY
OBJECTIYE
The objective ofthis policy isto encourage cmployees to continue their edu*ation as part ofthe City's e{forts.
PLTRPOSE
To define procedures for the furm, approval, and disbursement offunds forTuition Assistance in order to encourage qualified employees to pursre formal
education that will irnprove their skills and abilities for the position which the employee was hiredto perform or to qualifu him/her for career advancement
rvithin rhe City's service.
trII{PLOYEE ELIGIBILITY
Tuition Assistance is available only to:
I. Full time City ofMiami Beach employees who have completcd theirprobalionary pcriods, or forunclassified employees rvho have aminimum of
six (6) nronth's ofcontinuous service. (Time served in a ProvisionaVlemporary status is excluded.)
PROCTDURE
l Requests for Tuition Assistance are made through the Tuition Assistance Request Form. The employee initiates the request by completing and
signing the Tuition Assistance Request Form and by submitting it to the Human Resources Department with the studenl's Declared Major and
CoreCurriculumfromiheAcademicAdvisorfortherequiredcoursesforthatmajor. TheTuitionAssistanceRequestFormsareavailableatthe
Human Resources Department and through the City's Intranet by clicking on the follorving options: HR"/Labor button, Forms Central, Tuirion
Reimbursement Form. In fhe case cfnon-degrse sesking (certificate, technical, trade or adult education) courses there no Core Curriculum is
prorided the employee must zubmit the requirenrenls for certification.
2. The form is submitted to the applicant"s immediate supervisor &r approval by the Supervisor, and the Department Director.
Only courses specified in tte Core Curriculum for the Declared Major or Certificate Program rvill be approved. In order for a course to be
approved it must meet the following *iteria:
l. Provide training p,hich will improve the services which the employee rvx hired io pcrform or *ould be relevant for the employee's
career development or advaneement within the City.
2. The course must not be available though the regular City ofMiami Beach Training Program.
3. The course must not be by correspondencc, and it mu*t not be a seminar.
Thc Cifv Resen'es the rieht to revierv all Tuition Arsistance reqursls to ensure the reouest meets the Cit ' needs.
3. The form is then submitted to Human Resources for approval. Once approval (or disapproval) is indicated by Human Resources, one copy ofthe
form rvill be returned to the employee.
TI{E STGNEp TIJTTION ASSISTATIiCE REO1TEST FQRlvt A}[D CORE CURRICLLTftI OF TIIE DECLARpD MAJOR OR
CERTITICATE PROGRAM MI'ST BE APPROVED BY THE HUMAN RESOTIRCES DEPART}TENT PRIOR TO TIIE
FIRST DAY OF CLASS.
NOTE: IF AN EMPLO}IEF CIIANGES HIS/HER DECLARED MAJOR AFTER APPROVAL OF THE TTIITION
&SSISTANCE REOUEST FOR\{. THE Eirt?LOYEE NEEDS TO SI"IB}IIT A NEW TIIITION ASSIST^{I\iCE REOUEST
FORrlr FOR EACIr NEW MAJOR BEFpRE $UBMITTING GRADES FOR REII,IB{"TRSEMENT.
4- Upon obtaining necessary approvatg the employee agrees to stay in the employ ofthe City for a period ofone year after the completion ofthe
course that had been funded through tuition assistance, or repay the Tuition Assistance receired during this period. The Employee may repay the
City directly or agree that the City may debit their last paycheck or leave settlement.
If the employee resigns or is terminated for any reason, prior to receiving reimbursement fora completed cou$e (s), there shall be ao obligation
on the part of the City to reimburse any part of the tuition.
REIMBURSEIVIBNT
The Cily wiil reimburse only one (l) course per semesterltrimester/quarterequivalentto three {3) Creditsforatotal oftrrclve (12) Cmdits percalendaryear
for degree/non-degree seeking students. Reimbursement is for tuition only. No Tuition Assistance is paid for the cost of books, labs, special andlor
additional fees, supplies, transportation, or other expenses. No Tuition Assistaace rvill be paid prior to the successful completion ofan approved specific
course.
The City reserves the right to determine and amend the number ofcourses, the nu$ber ofcredit hours, and the amount ofreimbursemenl for each school
semester.
The reimbursernent rates are as follorvs:. Approvcd Undergraduate Community College courses and Non-Credit/Cenifrcate courses rvill be reimbursed at an amount not exceeding
$ I 58.25.. Approved Undergraduate University courses rvill be relnbursed at an Bmount not exceeding $251.16.. Approved graduate courses will be reimbursed at an amount not exceeding $531.15.
In order to respive reimbursemenl for a course. the applicant must meet ihe following criteria:
1. Applicants must successfiilly complete their course , Successful sompletion ofa course will mean a grade of "C'or better; or'uPass" if passlfail
coulse.
2. If, in the case of certificate, technical, or adult education cours6$ where no grade is given will mean. then the employee must submit
documentationofsuccessfulcompletionofthecourse(e.g.,a"CertificateofCompletion"includingnumbcrofhoursattended.) forpre-approved
courses.
3. Upon completion ofthe courses the final olEeial grade along with the Paid Receipl (on official institution stationary) should be submitted tc the
Iluman Resources Departrnent priorto 30 days after course completion. If the employee fails to provide the City rviththis information, no
reimbursement will be issued" A&er the 30 days expire there shall be no obligation on the part of the Citv to reimburse any part of the tuition.
4. If an employee changes his/her declared major a&er approval of the Tuition Assistance Req[est Fcrm and does not submit a neu' form before
submitting grades for reimbursem€nt there shall be no obligaticn on the pa* of the City to reimburse any part of the tuition.
c;.&*dsr&rkF$Jdkr16,qkfbr&stdk&ia*rr[(e @kdFrd e{,>
983
RESOLUTION No.08 - 136
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF
THE CITY OF DORAL, FLORIDA ADOPTING THE CIW OF
DORAL TUlTloI{ REIIIIBURSEMENT POLIGY; AND PROVIDING
FOR AN EFFECTIVE DATE
WHEREAS, the City of Doral City Council seeks to esiablish a tuition
reimbursement policy for City of Doral employees; and
WHEREAS, said policy would provide for employees with enhanced skills,
professionalgrovrrth within the City and the continued provision of excellence to lhe Cig's
residents; and
WHEREAS, Staff respectfully requests that the City Council adopt the City of Doral
Tuition Reimbursement Policy as presented in Exhibit'4.'
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CIW
OF DORAL AS FOLLOWS:
Section 1. The City Council of the City of Doral hereby adopts the Cig of Doral
Tuition Reimbursement Policy as presented in Exhibit'A."
Section 2. This Resolution shalltake effect immediately upon adoption.
[Section Ieft blank intentionally]
Page 1 d/r>
984
The foregoing resolution was offered by Councilman Van Name who moved its
adoption. The motion was seconded by Councilman Cabrera and upon being put to a
vote, the vote was as follows:
Mayor Juan Carlos Bermudez
Vice Mayor Michael DiPietro
Councilman Pete Cabrera
Councilwoman Sandra Ruiz
Councilman Robert Van Name
PASSED and ADOPTED this 'l0th day of December, 2008.
ATTEST:
HERRERA,
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY;
Yes
Absent
Yes
Yes
Yes
OS BERMUDEZ, MAYOR
c-
Page 2 Lqb
985
EDUCATION REIMBURSEMENT PROGRAM
Chapter Yl, Rule 6.7
Employee Policies and Procedures Hanual Effective Date: December I1,2008
Category: Employee Benefits City Manager:
Yvonne Soler-McKinley
The City of Doral's Educational Reimbursement Program (ERP) is established to provide educational assistance to
full-time employees voluntarily participating in training or educational programs designed to strengthen their
abilities which can directly benefit the City's operations, actiyities, and obiectives. The program is also established
to improve the employee's job performance and professional developmeng and to qualify him/her for career
advancement within rhe Cit/s service.
(a) ELIGIBILITY
Education reimbursement is available only to full-time employees who have completed six
months of continuous rervice with the City of Doral.
l. Upon the availability of funds, che City will reimburse full-time employees seeking job-related degrees
which are offered by institutions accredited and recognized by the United Sates Depan:ment of
Education,
2. Bachelods degrees and Master's degrees will be paid at a bachelor's rate of a state of Florida university.
3. The courses musr be related and relevant to the skills required for the employee's field of work
(b) PROCEDURE
L Employees desiring reinbursement of courses need to submit a compteted- Edacatlan Reinrbursement
Program Participotion form to their Department Director, stating the purpose of the education or training,
the degreelcertificate soughe total number of classes for which reimbursement is desired, and the
estimated comple$on date.
2. The Employee must provide copy of curriculum and class schedule as supporting documentation attached
to rhe Edocation Reimbursement Program Partkipotion lorm.
3. The Department Director will reyiew and approve ttre request for participation and forward to the
Human Resources Department for review.
4. The Human Resources Department will reyiew the Educotion Reirnbursernent Program Porticipotion form
with supporting documentation and determine if the employee meets the criteria for participation.
5. Upon the Human Resources recommendation, the City Manager will evaluate the request and
either granr or deny the requesc
5lw
986
7.
Upon approval by the City Manager, the employee shall pay hislher tuition at the time of enrollmene
School parking decals and labs associated with a class required for the degree will be reimbursed by the
City. All other materials such as the cost of books, school supplies, special or additional fees, supplies,
transportadon, or orher expenses shall be the employee's responsibility.
Upon completion of the approved course(s), the employee will, within 30 calendar day, present the paid
receipt for tuition, with the transcripts to the Deparrment Dirertor.
The Department Director will review the transcripts and complete a Personnel Action Form {PAF)
indicating approval to proceed with reimbursemene The FAF form must be submitted to the HR
Director with the ranscripts and paid receipts for reimbursement
The HR Director will review and approve the PAF and forward it to the City Manager for reimbursement
approval.
Upon approval from the City Manager, the PAF will be submitted to payroll for processing.
PAYMENT
The amount payable for such reimbursement shall be based upon and not exceed the established credit
hour rate of tuition as charged in the state university system at the time enrolled, regardless of the
employeds election to attend a private universiry or college. Upon employee's successlul completion of
approved course, the payment. schedule will be based on grades received by the employee as follows:
a) Grade A = 100% Reimbursement
b) Grade B = 75% Reimbursement
c) Grade C = 50% Reimbursement
d) Grade D = 0% Reimbursement
The City will reimburse two classes per semester for a maximum of six classes per fiscal year.
Employees shall disclose to Human Resources all financial assistance (scholarships, grants, stipends,
waivers, discounts, fellowships, military and veterans' bene{its) and other non-relundable financial
assistance received to pay tuition costs. The combined total linancial aid assistance and the City's tuition
reimbursement shall not exceed 100% of the tuition cost.
Employees receiving educational reimbursement will be required to sign an agreement which will stipulate
that the employee will remain in City ernployment for a minimum one ( l) full year after their last tuition
re,mbursement Separation prior to one full year will result in the employee reimbursing the City all
tuition reimbursements received during hlslher final year of employmen
In the event that employee's final paycheck is less than the amount to be reimbursed and employee fails
co reimburse the City within thirty (30) days, the services of an amorney required to collect such
re{und, such atrorney's fees and court costs shall be added to the reimbursement owed co the City.
lf the employee is terminated for cause, prior to receiving reimbursement for a completed course(s),
there shall be no obligation on the part o{ the City to reimburse any part of the tuition.
An employee who is laid off through no fault of the employee, after the employee begins a pre-approved
course will not affect eligibility for tuition reimbursement benefits for thar semester.
The City reserves the right to determine and amend the number of courses, the number of credit hours,
and the amount of reimbursement for each school semester.
9.
r0.
(.)
2.
3.
4.
5.
6.
8.
b{,>
987
W
MTAMT.DADEXffi$ffiW
Administrative Order No,: 7-4
Title: Tuition Refund Program
Ordered: 1116t2O03 Ef&ctive: 11t16t2003
AUTHORITY:
Section 4.02 of the Miami-Dade County Charter and Section 2.28 of the Miami-
Dade Gounty Code.
SUPERSEDES:
This Administrative Order supersedes Administrative Order No. 74, dated July
25, 1995.
POLICY:
It is established County policy, approved by the Board of Coun$ Commissioners
on August 27, 1963, to promote a program encouraging County employees to
improve their effectiveness by obtaining additional training. This program
provides that employees enrolled in accredited educational institutions may be
reimbursed for 507o of tuition co$ts, for approved coursework which will enable
them to improve their perfonnance in their current positions and prepare them fior
increased responsibilities.
Tuition is the fee for instruction and lab fees only, and does not include
textbooks, exams, audit fees, or any other expenses.
QUALIFICATIONS:
All employees who take "approved' coursework and achieve a grade that is "C"
or higher and is acceptable by the schoolas a passing grade, will be entitled to a
refund of 50% of tuition costs upon completion of the course.
Employees receiving financial assistance including scholarships, fellowships,
grants, and/or Veteran's benefits, will be eligible for a refund of 507o of tuition
costs after the financialassistance has been applied to the tuition costs.
1,>
988
ELIGIBILITY OF EMPLOYEE:
All full-time career employees are eligible for participation in the Tuition Refund
Program if the following requirements are met:
(a) Completion of 13 pay periods of fulltirne employment with the County.
(b) An overall evaluation of 'satisfactory" or higher on the latest employee
performance evaluation preceding the beginning of classes.
Exception: An employee whose latest overall evaluation is less than
"satisfactory" may be eligible for Tuition Refund for coursework that relates
to specific areas of weak performance.
(c) Exempt employees must have received a satisfactory rating from their
supervisors on the latest performance review.
ELIGIBILITY OF COURSEWORK:
Guidelines for establishing eligible coursework are as follows:
(b)
{a}
(c)
(d)
Degree and certification programs at accredited institutions which relate
directly to career opportunities within Miami-Dade County are eligible
for approval.
For those employees who have been approved for a degree program, all
general education courses specilically required by the school will be
approved.
All other coursework will be considered on a course by course
determination.
Employees who have applications on file on the effective date of this
Administrative Order, and who otherwise. meet eligibility requirements,
shall have their applications considered herewith.
All courses must be taken outside of working hours unless the employee's
Department Director approves the use of annual leave, compensatory
time, or holiday leave. lf Administrative Leave is granted to take a course
during working hours, no Tuition Refund will be granted.
On-line lnternet courses and programs provided by accredited
Florida-based educational institutions are eligible for tuition
reimbursement. For on{ine lnternet courses and programs at
accredited educational institutions not based in Florida, the Tuition
Refund Appeal Board will review requests for reimbursement on a
(e)
{0
dl,,
989
case-by-case basis. The Employee Relations Department must
receive such requests at least 30 days prior to the start of the
course 0r program.
TUITION REFUND COORDINATOR:
The Employee Relations Department Tuition Refund Coordinator shall maintain
program oversight responsibilities to include the following:
(a) Resolve any problems or discrepancies with the interpretation of
Admi n istrative Order 7-4..
(b) Review all supporting documents submitted by the departments to ensure
proper accountability for refu nd disbursement.
(c) Calculate the 50% refund.
(d) Approve and submit all refund requests for final disbursement.
{e) Resolve problems and issues affecting the program.
(0 Process appeals as required.
DEPARTMENT DIRECTOR:
The Department Directors shall be responsible for verifying that all approved
coursework is in compliance with Administrative Order 7-4, as well as all other
aspects of the program. Department Directors shall approve or disapprove all
reimbursements for degrees, programs, and courSework for employees within
their departments in accordance with Tuition Reimbursement Program policies
and procedures.
OBLIGATIOH:
All emptoyees receiving reimbursement under this program will be obligated to
remain in the employ of the County for a minimum of one (1) year following
completion of the coursework. Employees terminating from the County service
prior to the expiration of this period will reimburse the County for refunds
received during the final year of employment through deductions from their final
payroll check. lf the final paycheck is insufficient, the employee will still be
responsible for the reimbursement. No reimbursement will be required of those
employees who have been laid off and have been previously approved for
coursework. lf the employee is deceased, no reimbursement will be required
from the family of the employee.
*fw
990
APPLICATION PNOCEDURE:
Unless otherwise indicated in this Administrative Order, employees desiring to
participate in the Tuition Refund Program shall submit to their Department
Director an application for courseworltldegree approval no later than thirty days
following the start of classes.
COURSHWORK DEGREE REVIEW AND APPROYAL:
The Department Director shall approve or disapprove the employee's request
afier verifying the employee's eligibility for participation in the program.
{a) For Approval
After the Department Director approves the request, a copy of the original
application is retumed to the employee advising them of the approval.
{b} For Disapproval
lf the Department Director disapproves the application, he or she shall advise the
employee of the reason for the rejection no later than 30 days from the date of
the receipt of the application.
REIMBURSEMENT:
All approved applicants will submit a request for reimbur$ement, along with
tuition receipts, official grade notifications, and all supporting documentation, to
their Department Director no later than thirty days from the receipt of the grades.
The Departments shall submit to the Tuition Refund Coordinator all applications,
whether approved or disapproved, with the supporting documents for final review
and reimbursement approval.
PENALTIE$:
Should an employee submit documentation which the employee knows is false or
intentionally misleading in order to receive benefits for which the employee is not
entitled, the employee will be deemed ineligible to continue to pa*icipate in the
tuition reirnbursement program and must repay Miami-Dade County for any
tuition reimbursements received while in the Coun$s employ. The employee
may be subject to further disciplinary action, including, but not limited to,
dismissalfrom the County service.
{C ft>-
991
APPEALS:
Any applicant may appeal the action taken by the Tuition Refund Coordinator or
the Department Director by subrnitting a written statement to the Coordinator
within 30 days from the day of the action describing how and why the course in
question is in compliance with the guidelines and intent of the program. The
Tuition Refund Appeal Board will convene on a monthly basis as necessary to
review all appeals. This committee shall consist of three permanent members: a
representative from the Employee Relations Department Career Development
Division; Personnel Services Division; and Administrative Services Division. The
Coordinator shall be responsible for notifuing the applicant of the Appeal Board's
decision.
This Administrative Order is hereby submitted to the Board of Coun$
Commissioners of Miami-Dade County, Florida.
George M. Burgess
County Manager
t,lw
992
il
it
t1ili{
Kane, Dessiree
From:
Sent:
lo:
Cc:
Subject:
Team
Morales, Jimmy
Friday, July 11, 2014 7:11 AM
Crespo-Tabak, Sylvia
City Wide
Re: FIU MBA and MPA lnformation Session
I want to strongly encourage you to take Sylvia up on this offer. I firmly support further education and training for staff. I
have seen first hand public sector employees that use this opportunity to finish or obtain a degree, and then go on to
even higher employment in government. lt is also good for the organization to have talented, motivated individuals. So
if you just deleted her email the first time, give it a second thought. Thanks
Jimmy
Sent from my iPad
On Jul 10, 2014, at 6:26 PM, "Crespo-Tabak, Sylvia" <SvlviaCresp_o-Tabak > wrote:
lf you're interested in furthering your education, the time to do ssmething about it is now! Check this
out.
MIAI\*IffiE&SH
$ylvla Gre*po-Tabak, Human Resources Dlrector
Human Resources Department
1700 Convention Center Drive, Miami Beach. FL 33139
TeL 305{73-7524 I Fax:786-3944070
sv lvi ac re s p o-tab ak@.n i Wi b e a chll. qotl
We are committed lo pnviding excellent public sevice and safety to all wtto live, w* and play ia our vibrunt, tropical, hisloric communily
CONFIDENTMLITY NOTICE: jrl,is message arr d any attachments ara forthe sole use of the intended recipient(s) and
fiay cantain con:fidential and privileged information t ral ,nay be exernpt frofi public disclosures. Any una uthodzed review, use, disclosure or
disfriiulion ls proi ibited. l{ you received lrris message in afiat, please contact the sender (via email, fax or phone) and then destray all copies
of the oiginal message.
<inttgeUOl.png>
w{ta-
993
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: November 12th,2014
SUBJECT: Discussion regarding a Resolution requiring that any item referred by the City
Commission to a City Commission Committee be placed on the agenda of that first
Committee meeting following the City Commission meeting at which such item was referred.
Please place on the November 19th City Commission Meeting Agenda the above item as a
discussion.
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 seNice and safety to all who live, wotk, and ptay in our vibrant, f. Agenda ltem R (l f.
994
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REQUIRING THAT ANY ITEM REFERRED BY THE
CITY COMMISSION TO A CITY COMMISSION COMMITTEE BE PLACED ON
THE AGENDA OF THAT FIRST COMMITTEE MEETING FOLLOWING THE
CIry GOMMISSION MEETING AT WHICH SUCH ITEM WAS REFERRED.
WHEREAS, the City Commission has established four City Commission Committees to
closely examine items brought to the City Commission: the Land Use and Development
Committee, the Finance and Citywide Projects Committee, the Neighborhood/Community
Affairs Committee, and the Flood Mitigation Committee; and
WHEREAS, in order to ensure that City Commission Committees expediently hear items
referred by the City Commission, the City Commission has determined that City Commission
Committees should hear any item referred to them by the City Commission at the first meeting
of the City Commission Committee following the City Commission's referral of such item.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE Clry OF MIAMI BEACH, FLORIDA, that any item referred by the City Commission to
a City Commission Committee shall be placed on the agenda of that first Committee meeting
following the City Commission meeting at which such item was referred.
PASSED and ADOPTED this _day of
ATTEST:
2014.
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Philip Levine, Mayor
F:\ATTO\KALN\RESOLUTIONS\Commission Committee Amendments Nov 2014\Commission Committee Reso Nov 2014
(A).docx
APPROVED AS TO
FORM & LANGUAGE/1 fr FOqExqcuTloN
&tttlsitA
CitY AttorneY lJoler
Nt(
995
R1 0
GITY ATTORNEY REPORTS
996
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FRoM: Raul Aguila, City Attorn ey?&-q \--
DATE: November 19,2014
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE
LAST REPORT
REBECCA ALFIE. Case # 14-25450 CA 05 (Circuit Court - 11'n Judicial
Circuit in and for Miami Dade County, Florida)
The City was seryed with this complaint on October 16,2014 alleging that on
October 18,2010, the plaintiff, Sharon Brecher, fell on the sidewalk at or near
4445 N. Adams Avenue in Miami Beach when she stepped on the area of the
sidewalk where there was an abrupt change in elevation resulting in injuries to
the plaintiff. The complaint notes that the plaintiff had been walking in the
direction from the higher section of the sidewalk toward the lower section of
the sidewalk. The plaintiff is also suing the owners of the property at 4445 N.
Adams Avenue. We shall file our answer and propound discovery to the
plaintiff.
2. BLB TRADING. LLC vs. UV CITE. LLC. et al.. Case # 14-25903 CA 09
Dade County, Florida)
This is an action to foreclose a mortgage on real property located at 1000
West Avenue, Unit 608, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on October 27,2014.
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.
3. JPMORGAN Case
# 13-31858 CA 23 (Circuit Court - 11
County, Florida)
Judicial Circuit in and for Miami-Dade
This is an action to foreclose a mortgage on real property located 14198 SW
145 Place, Miami, Florida. The Summons and Amended Verified Complaint
were served on the City on October 27,2014.
The City's Answer was filed on October 30,2O14.
Agenda ltem
oate ll-lQlU997
City Attorney's Report
November 19, 2014
Page 2
ANd KRISTIN
BEACH. Case # 14-27691 CA 02 (Circuit Court - 11 and
for Miami Dade County, Florida).
The City was served with this complaint on November 5,2014 alleging that on
December 16, 2013, the plaintiffs Gianluca Andreocci and Kristin Andreocci,
were driver and passenger on a scooter vehicle driving on the Venetian
Causeway Roadway at or near its intersection with lsland Avenue when the
scooter encountered a center raised median island located within the roadway
which was defective and therefore caused the plaintiffs to strike the median
and lose control of their scooter which resulted in them sustaining serious and
permanent injuries. The Venetian Causeway is a Miami Dade County
Roadway and not the City's Roadway. lt therefore appears that the right and
correct defendant to this action should be Miami Dade County and not the City
of Miami Beach. We shall file a motion to dismiss the complaint upon contact
with plaintiff counsel and confirmation to him that he has sued the wrong
entity.
5. ALSHLEY ROBBINS v. CITY OF MIAMI BEACH, Case # 14-027284 CA 02
i Dade County, Florida).
The City was served with this complaint on November 6,2014 alleging that on
August 17, 2013, the plaintiff, Alshley Robbins, was running by the entrance of
South Pointe Park, 1 Washington Avenue, Miami, FL, when she tripped over a
chain that was preventing access to South Pointe Park. She is alleging that the
City placed a chain at the entrance of the Park, which was not apparently
noticeable due to the glare of the sun and thereby creating a dangerous
condition for individuals who were exercising andior running in the area. We
shall file our answer and propound discovery to the plaintiff.
RA\SR\EB\
F'\ATTO\AAOF F\AAOF F\F I L E.#S\20 1 4\Status report CAO 1 1 1 9 1 4.docx
4.
998
REPORTS
AND
INFORMATIONAL ITEMS
999
1. Reports and lnformational ltems
(see LTC 379-2014)
Agenda ltem /
Date-VJ?y'c/-1000
THIS PAGE INTENTIONALLY LEFT BLANK
1001
&
::!:!*
LETTER TO COMMISSION
To: Mayor Philip Levine and Members o
From: Jimmy L. Morales, City Manager
Date: November 19,2014
the City Co
int: -2r 1 ,
Subject: List of Projects Covered by the Cone 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.
2014-187-RFP-SR 5t19t14
Design/Build Services for Neighborhood No. 8:
Central Bayshore South Right-of-Way
lnfrastructure
This project is currently on hold per requesting
department
CIP
2014-169-lTB-SW 7t10t2014 Multi-Space Parking Pay Station Receipt Paper Parking
2014-229-\TB-JR 712212014 79th Street Beachwalk Extension Public Works
2014-195-rTB-LR 7124t2014 Grounds Maintenance Services - Parks and
Athletic Fields Parks
2014-015-RFP-LR 712412014 Psychological Services for Employees Human
Resource/Police
2014-230-tTB-YG 7t24t2014 Roadway lmprovements Various Project Areas Public Works
Eng.
2014-277-tTN-SW 712412014 Car Sharing Services Parking
2014-302-RFP-SW 712412014
Claims Administration Services by a Third
Ad ministrator for Workers' Com pensation
General Liabilitv
Party
and Human
Resource/Risk
2014-316-RFQ-JR 713112014 General Building Contractor Rehabilitation
Services Housing
2014-325-RFQ-JR 713112014 General Building Contractor Rehabilitation
Services Consultant Housing
2014-294-RFP-ME 81512014 Design Builder Services For The Miami Beach
Convention Center Renovation And Expansion City Manager
Agenda ltem I
=1002
Daqe l2
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis" Should you have any questions or need additional information, please feel free to contact
me.
C: E4e,gutive Staff and Management Team
,rrr&,
V
F \PuRc\.tqllfeepdts\ ,lonlhly Repds\FY 2015\Core LrC
2014-336-|TN-JR 811412014
Public Waterborne Transportation
Services Concession in the City of Miami
Beach (Water Taxi)
Transportation
2014-27'-|TB-LR 91412014
Grounds Maintenance Services for Right
of Way, Parking Facilities, Lincoln Road
Mall. and CoastalAreas
Public Works
2014-236-tTB-YG 9118/2014 Miami Beach Convention Center Bus
Duct Replacement
Convention
Center
2014-346-RFQ-YG 9118t2014
Professional Architectural and
Engineering Services in Specialized
Cateqories on an "As-Needed-Basis"
Citywide
2014-385-|TB-YG 9t24t2014 Lifeguard Stands Replacement CIP
2014-168-tTB-LR 9t30t2014 lnspection and Maintenance of Parking
Lots Liohtino Public Works
2014-253-RFP-YG 11112t2014 Design/Build Services for 54" Redundant
Sewer Force Main Public Works
2015-010-trB-wc 10131t2014 Lease of Golf Carts Parks & Recs
2015-011-tTB-WG 1013112014 Lease of Police Motorcycles Police
2015-012-tTB-LR 11t14t2014 Bulk Mailing Citywide
2015-042-tTB-JR 11114t2014 Aggregate Top Soil and Sand Citywide
2014-235-ITB-JR 10t28t2014 Police Building Firing Range Ventilation
Systems Replacement CIP
2015-O52-tTB-WG 11114t2014 Temporary Services Citywide
2015-026-RFLt-
WG 10t24t2014
Public/Private Partnership for Providing
Human Services to Children, Youth,
Families, and the Elderly
Office of
Housing and
Community
Services
1003
City of Miomi Beqch, l7O0 Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
November 19,2014
HEARD WtTHtN (6) SrX MONTHS FROM REFERRAL
WITHDRAWN ITEMS NOT
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 November 2014:
Neiqhborhood/Communitv Affairs Committee
There are no items to be automatically withdrawn at this time.
Finance & Gitvwide Proiects Committee
There are no items to be automatically withdrawn at this time.
Floodinq Mitiqation Gommittee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
There are no items to be automatically withdrawn at this time.
JML/REG €
T:\AGENDA\2O 1 4\Novem ber\Com m ittee ltems Removed after 6 months.docx
Agenda ttem 3Date-irnlT1004
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1005
RDA
1006
REDEVELOPMENT AGENCY ITEM SUMMARY
!ntended Outcome
Supports multiple KIO's.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Condensed Title:
A resolution setting the dates for the year 2015 Redevelopment Agency (RDA) meetings.
The Mayor and City Commission also sit as the Redevelopment Agency Board, and schedule the
Redevelopment Agency meetings to coincide with the City Commission meetings. Pursuant to the Miami
Beach Redevelopment Agency By-Laws, the Redevelopment Agency (RDA) shall meet at such times as
prescribed by resolution.
The Administration recommends that when preparing the RDA meeting calendar, the City Commission
take into consideration the following events: U.S. Conference of Mayors; Miami-Dade County Days; Art
Basel; ICMA Conference; August recess; September to set the tentative/final millage and budget approval;
November for election/runoff election meetings (if it is an election year); and Federal & Religious Holidays.
(Note: The Miami Beach Annual Boat Show is scheduled for February 12-16, with move-in scheduled to
start on February 6-11 and move-out scheduled on February 17-20, which creates significant parking and
traffic challenges for the City Hall area.)
ln order to make the City Commission/RDA Meetings more etficient and prevent residents from spending
multiple hours waiting for a time certain item to be heard, Mayor Philip Levine in 2013 proposed that all
presentations and awards be heard at a separate meeting. By placing all presentations and awards on the
alternate meeting date, the regular City Commission/RDA meetings will start business on time, which will
increase the likelihood that time certain agenda items are taken up at the time listed, or closely thereafter.
Additionally, having a designated Presentations and Awards Commission Meeting will allow the City
Commission an opportunity to properly acknowledge and show gratitude to those individuals or groups who
have taken an active role in serving our community. lf needed, the Presentations and Awards Commission
Meeting may be utilized for items that are deemed emergencies and/or continued or not reached during
the previous RDA Meetinq. The Administration recommends aoorovinq the resolution.
Financial lnformation :
Source of I IFunds: I II i-T-I zloBPt I rotal
I
Financial lmpact Summary:
Clerk's Office
Rafael E. Granado, City Clerk
-Offs:
Department Direclc1 Assistant City Manager \\ Gity Manager
REG (ru\,N/A Ih,Y \
\AGENDA\20 Commission Dates\2015-RDA.dates-SUM reg.docT:
MIAMIBEACH AGE},IOA I:IE}T /A
DA;
_
1007
E MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
REDEVELOPMENT AGE MEMORANDUM
TO: Chairperson Philip Levine and Mem Agency
FRoM: Jimmy L. Morales, Executive Director
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE CHAIRPE AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY (RDA), SETTING THE DATES FOR
THE YEAR 2015 REDEVELOPMENT AGENCY MEETINGS.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
ANALYSIS
The Mayor and City Commission also sit as the Redevelopment Agency Board, and
schedule the Redevelopment Agency meetings to coincide with the City Commission
meetings. Pursuant to the Miami Beach Redevelopment Agency By-Laws, the
Redevelopment Agency (RDA) shall meet at such times as prescribed by resolution.
The Administration recommends that when preparing the RDA meeting calendar, the
City Commission take into consideration the following events: U.S. Conference of
Mayors; Miami-Dade County Days; Art Basel; ICMA Conference; August recess;
September to set the tentative/final millage and budget approval; November for
election/runoff election meetings (if it is an election year); and Federal & Religious
Holidays. (Note: The Miami Beach Annual Boat Show is scheduled for February 12-16,
with move-in scheduled to start on February 6-11 and move-out scheduled on February
17-20, which creates significant parking and traffic challenges for the City Hall area.)
ln order to make the City Commission/RDA Meetings more efficient and prevent
residents from spending multiple hours waiting for a time certain item to be heard, Mayor
Philip Levine in 2013 proposed that all presentations and awards be heard at a separate
meeting. By placing all presentations and awards on the alternate meeting date, the
regular City Commission/RDA meetings will start business on time, which will increase
the likelihood that time certain agenda items are taken up at the time listed, or closely
thereafter. Additionally, having a designated Presentations and Awards Commission
Meeting will allow the City Commission an opportunity to properly acknowledge and
show gratitude to those individuals or groups who have taken an active role in serving
our community. lf needed, the Presentations and Awards Commission Meeting may be
utilized for items that are deemed emergencies and/or continued or not reached during
the previous RDA Meeting.
ln preparing the recommended meeting dates, the Administration set three goals: 1)
schedule one RDA meeting and one Presentations and Awards RDA meeting a month, if
possible; 2) schedule RDA meetings on Wednesdays; and 3) not schedule RDA
meetings during the month of August, while the RDA is in recess.
the
1008
Based on the consensus reached at the October 22,2014 Committee of the Whole, it is
recommended that the City Commission/RDA meetings be set as follows:
RDA Meetinqs
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July 8 (Wednesday)
August - City Commission in recess
September 9 (Wednesday)
October 14 (Wednesday)
November 9* (Monday)
December 9 (Wednesday)
Presentations & Awards RDA Meetinqs
January 27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April 29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September TBA) 2'd Rdg of Budget
October 28 (Wednesday)
November 23. (Monday)
December 16 (Thursday)
. Meeting(s) for election related items only.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the
proposed City RDA meeting dates and Presentation and Awards RDA meeting dates for
the year 2015.d
llnanEdlc
Attachment "A": List of legal and religious holidays.
Attachment "B": List of Jewish holidays.
T:\AGENDAVO14\NovembeM015 City Commission Dates\2O1S-rda.dates-MEMO reg.doc
1009
Attachment "A"
CITY OF MIAMI BEACH LEGAL AND RELIGIOUS HOLIDAYS 20{5
New Year's Day
Dr. Martin Luther King, Jr. Day
President's Day
Good Friday
Easter
Memorial Day
lndependence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas
Thursday, January 1, 2015
Monday, January 19,2015
Monday, February 16, 2015
Friday, April 3, 2015
Sunday, April 5, 2015
Monday, May 25,2015
Friday, July 3, 2015
Monday, September 7, 2015
Wednesday, November 11, 2015
Thursday, November 26, 201 4
Friday, November 27, 2014
Friday, December 25, 2015
1010
Fast ofTevet 10
Tu B'Shevat
Purim
Ta'anit Esther
Shushan Purim
Passover
Second Passover
Lag B'Omer
Sefirat HaOmer
Shavuot
The'Three Weeks
Fast of the 17th of Tammuz
Fast of Tish'a B'Av
The 1Sth of Av
Rosh Hashanah
The Month of Elul
Fast of Gedaliah
Yom Kippur
Sukkot
Hoshanah Rabbah
SheminiAtzeret & Simchat Torah
Chanukah
Fast ofTevet 10
Attachment "B"
JEWISH HOL!DAYS 2015
January 1
February 4
March 4-5 (work should be avoided)
March 4
March 6
April 3-11 (work permitted gillon April 6-9)
May 3
May 7
April4 - May 23
May 23-25 (no work permitted)
July 4-25
July 5
July 25-26
July 31
September 13-15 (no work permitted)
August 16 - September 13
September 16
September 22-23 (no work permitted)
September 27 - October 4 (work permifted on Sept. 30-
Oct.2)
October 4
October 4-6 (no work permitted)
December 6-14
December 22
1011
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENTAGENCY (RDA), SETTING THE DATES FOR
THE YEAR 2015 RDA MEETINGS.
WHEREAS, pursuantto its By-Laws, the Miami Beach RedevelopmentAgency (RDA) shall
meet at such times as prescribed by resolution; and
WHEREAS, the Mayor and City Commission also sit as the RDA, and schedule the
Redevelopment Agency meetings to coincide with the City Commission meetings; and
WHEREAS, in order to make the City Commission/RDA meetings more efficient and prevent
residents from spending hours waiting for time certain items to be heard, Mayor Philip Levine
proposed in 2013 that all presentations and awards be heard at a separate City Commission
meeting dedicated solely for that purpose; and
WHEREAS, by placing the Presentations and Awards portion of City Commission meetings
on the alternate meeting date, it is anticipated that the regular City Commission/RDA meetings will
start on time, which will increase the likelihood that time certain agenda items are heard at their
scheduled times, or closely thereafter; and
WHEREAS, if needed, the separate City Commission/RDA meeting date for Presentations
and Awards may also be utilized for items that are deemed emergencies and/or continued or not
reached during the regular City Commission/RDA meeting; and
NOW, THEREFORE, BE IT DULY RESOLVED BYTHE CHAIRPERSONAND MEMBERS
OF THE MIAMI BEAGH REDEVELOPMENT AGENGY, that the Mayor and City Commission hereby
approvethe proposed2015 RDA Meeting dates and Presentation and Awards/RDA Meeting dates
set forth in Exhibit "A" hereto.
PASSED and ADOPTED this 19th day of November 2014.
PHILIP LEVINE, CHAIRPERSON
ATTEST:
RAFAEL E. GRANADO, SECRETARY
T:\AGENDA\2014\NovembeMO15 City Commission Dates\2O15-RDA.dates-RESO revised.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CityAttomey Date'
1012
EXHIBIT "A"
PROPOSED 2015 RDA MEETING DATES
RDA Meetinos
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July I (Wednesday)
August- RDA rn recess
September 9 (Wednesday)
October 14 (Wednesday)
November 9* (Monday)
December 9 (Wednesday)
* Meeting(s) for election related items only.
Presentation & Awards/RDA Meetinos
January 27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September TBA) ld nag of Budget
October 28 (Wednesday)
November 23. (Monday)
December 16 (Thursday)
1013
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1014
REDEVELOPMENI AGENCY ITEM SUMMARY
Condensed Title:
A Resolution Of The Miami Beach Redevelopment Agency, Recommending Approval By The Mayor And City Commisiion Of The City Of futtamr
Beach, Florida, Amendments To The Miami Beach City Center/HistoricConvention Village RedevelopmentAnd Revitalization Area Plan (City Center
RDA), An Approved Redevelopment Plan Under The Provisions Of Section 163.360, Florida Statutes (The Plan); Said Amendments: (A)
lncorporating The City's Proposed Convention Center Renovation And Expansion Project; And (B) Providing ForAn Extension Of The City Center
RDA At A Ninety Five Percent (95%) Tax lncrement Until The Earlier Of March 31,2044, Or The Date Agency lndebtedness ls No Longer
Outstanding; Further Approving And Authorizing The Mayor And City Clerk To Execute A Third Amendment, By And Among Miami-Dade County
(County), The City, And The Miami Beach Redvelopment Agency (RDA), To The November 16, 1993 lnterlocal Coopeiation Agreement, Ai
Amended (The lnterlocal Agreement), Related To The City Center RDA And By Which The County Originally Delegated To The City Certain
RedevelopmentPowersConferred ToTheCountyUnderPartlii,Chapterl63,FloridaStatutes(fheCommunityRedevelopmentAgreementActOf
1969" OrThe "Act");And Which Amendment, Among OtherTerms, Extends The Term Of The City Center RDAAs Provided ln TheAforestated Plan
Amendment.
rade The Convention Center Jo Be Smart, Modern, Energy Efficient And Which Fits Local Context, lnclud
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey reported that over half of businesse<S0,t l
claimed that the Miami Beach Convention Center added to the success of their business. Six in ten businesses (61%) support improvements of at
least $300 million for the Miami Beach Convention Center.
onJanuary26,1993'Miami-DadeCounty(the..County,,)adoptedResolutionNo.R-14.93,whichamongotnertnings(i)f@
Miami Beach (the "City") bounded on the East by the Atlantic Ocean, on the North by 24lh Street, on the West by WestAvenue, and on the South by
14th Lane (the "City Center Redevelopment Area" or "Redevelopment Area") to be a "blighted area" within the meaning of Part lll of Chapter 163,
Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section 163.410, Florida Statutes, certain powers conferred upon the
County Commission as the governing body of Dade County by Part lll of Chapterl63, Florida Statutes, with regard to the Redevelopment Area, so
that the City Commission, either directly orthrough its duly designated community redevelopment agency, could exercise such powers. On February
3, 1993, the City adopted Resolution No. 93-20709, which established a community redevelopment agency (the "Miami Beach Redevelopment
Agelcy"orthe"Agency"),anddeclaredthemembersoftheCityCommissionasthemembersoftheAgency. Subsequently,onFebruary12:1993,
the City adopted Resolution No. 93-20721, which adopted the Agency's City Center/Historic Convention Village Redevelopment and Revitalization
Area plan (the "Plan") for the redevelopment and revitalization of the Redevelopment Area.
County and City Administrations negotiated and conceptually (in pertinent part) agreed to the following items pertaining to the RDA:(i) amend the Plan; and(iD amend the lnterlocal Agreement to, among other things, extend the life of the Redevelopment Area to March 31 ,2044; and(iii) authorizes the issuance of tax increment revenue bonds in one or more series by the RDA in an amount not to exceed $430,000,000 for
purposes of refunding current outstanding debt, funding eligible community redevelopment project costs, including the Miami Beach
Convention Center (Convention Center) renovation, and any reserves and costs of issuance;(iv) provide for an ongoing adequate operating and maintenance subsidy for the Miami Beach Convention Center, in addition to the existing
$4.5 million per year and annual year-end revenue sharing that the City currently receives from Convention Development Taxes through
2048;(v) provide for ongoing funding of City operations in the RDA;(vi) establishes that from FY 2014-15 through FY 2021-22, any funding not used for debt service and operating expenses will go into a fund to
be used for shortfalls and eventually prepayment of debt;(vii) establishes that from FY 2022-23 until FY 2043-44, the County will receive a refund of City Center Agency operating expenses based on its
proportion of revenues contributed to the Trust Fund; and(viii) any remaining funding will be used to extinguish debt early.
The City Commission, pursuant to Resolution No.2014-28644 adopted on June 27,2014, approved a Memorandum of lntent (the "MOl"),
memorializing the aforementioned. The County Mayor has committed to promote and recommend the components of the MOl, subjectto final legal
review by the County approval and approval by the Board of County Commissioners. The MOI provides that the conceptual terms and conditions
contained therein, including the preceding terms, are subject to further actions and approvals to be taken, respectively, by the Board, the City
Commission, and the Agency. Accordingly, in furtherance of same, the County, City, and the Agency desire to further amend the lnterlocal
Agreement. TheCityCommission,atitsOctober29,2014meeting,adoptedamendmentstotheTrustFundOrdinancewhichextendedtheperiodof
fundino of the Trust Fund.
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: See above summary.
t0
u-t?-ltlE MIAMIBEACH 1015
r915 .2015
Cify of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
REDEVELOPMENT AGEN Y MEMORANDUM
TO: Chairperson and Members of the Miami Agency
FROM: Jimmy L. Morales, Executive Director
DATE: November 19,2014
SUBJECT: A RESOLUTION OF THE CHAIRMAN EruO MEMBERS OF THE MIAMT
BEACH REDEVELOPMENT AGENCY, RECOMMENDING APPROVAL BY
THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDMENTS TO THE MIAMI BEACH GIry GENTER/HISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA
PLAN (C!TY CENTER RDA), AN APPROVED REDEVELOPMENT PLAN
UNDER THE PROVISIONS OF SECTION 163.360, FLORIDA STATUTES
(THE PLAN); SAID AMENDMENTS: (A) INCORPORATING THE clffS
PROPOSED CONVENTION CENTER RENOVATION AND EXPANSTON
PROJECT; AND (B) PROVIDING FOR AN EXTENSION OF THE CITY
GENTER RDA AT A NTNETY FIVE PERGENT (95%) TAX INCREMENT
UNTIL THE EARLIER OF MARCH 31, 2044, OR THE DATE AGENCY
INDEBTEDNESS IS NO LONGER OUTSTANDING; FURTHER APPROVING
AND AUTHORIZING THE MAYOR AND GITY CLERK TO EXECUTE A
THIRD AMENDMENT, By AND AMONG M|AMI-DADE COUNTY (COUNTY),
THE C!TY, AND THE MIAM! BEACH REDVELOPMENT AGENCY (RDA), TO
THE NOVEMBER 16, 1993 INTERLOCAL COOPERATION AGREEMENT,
AS AMENDED (THE INTERLOGAL AGREEMENT), RELATED TO THE CITY
CENTER RDA AND BY WHICH THE COUNTY ORIGINALLY DELEGATED
TO THE CITY CERTAIN REDEVELOPMENT POWERS CONFERRED TO
THE COUNTY UNDER PART ilt, CHAPTER 163, FLORTDA STATUTES (THE
COMMUNITY REDEVELOPMENT AGREEMENT ACT OF 1969" OR THE..ACT,,); AND WHICH AMENDMENT, AMONG OTHER TERMS, EXTENDS
THE TERM OF THE CIry CENTER RDA AS PROVIDED IN THE
AFORESTATED PLAN AMENDMENT.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
On January 26, 1993, Miami-Dade County (the "County") adopted Resolution No. R-14-
93, which among other things (i) found the area in the City of Miami Beach (the "City")
bounded on the East by the Atlantic Ocean, on the North by 24th Street, on the West by
West Avenue, and on the South by 14th Lane (the "City Center Redevelopment Area" or
"Redevelopment Area") to be a "blighted area" within the meaning of Part lll of Chapter
163, Florida Statutes, and (ii) delegated to the City of Miami Beach, pursuant to Section
163.410, Florida Statutes, certain powers conferred upon the County Commission as the
1016
Redevelop me nt Age ncy Me mora nd u m
Redevelopment Plan and lnterlocal Amendment
November 19,2014
Page 2 of 5
governing body of Dade County by Part lll of Chapter 163, Florida Statutes, with regard
to the Redevelopment Area, so that the City Commission, either directly or through its
duly designated community redevelopment agency, could exercise such powers.
On February 3, 1993, the City adopted Resolution No. 93-20709, which established a
community redevelopment agency (the "Miami Beach Redevelopment Agency" or the
"Agency"), and declared the members of the City Commission as the members of the
Agency. Subsequently, on February 12, 1993, the City adopted Resolution No. 93-
20721, which adopted the Agency's City Center/Historic Convention Village
Redevelopment and Revitalization Area plan (the "Plan") for the redevelopment and
revitalization of the Redevelopment Area.
On February 24, 1993, the City enacted Ordinance 93-2836, which created a City
Center/Historic Convention Village Redevelopment and Revitalization Trust Fund (the
"Fund" or "Trust Fund") and provided a funding mechanism for implementing the Plan.
The County, on March 30, 1993, adopted Resolution No. R-317-93, which among other
things (i) adopted the Plan, and (ii) approved the lnterlocal Cooperation Agreement,
between the County and the City, dated and executed on November 16, 1993 (as
amended, the "CRA lnterlocal Agreement").
The County and the City then approved and entered into the lnterlocal Cooperation
Agreement, executed on November 16, 1993 (as amended by the First Amendment
(defined below) and by the Second Amendment (defined below), the "lnterlocal
Agreement"), by which the County delegated to the City certain redevelopment powers
granted by the Act, including but not limited to the creation of the Redevelopment Area
and implementation of the Plan. The County and the City adopted Resolution No. R-
889-03 and Resolution No. 2003-2537, respectively, approving an amendment to the
Plan to incorporate the development and implementation of community policing
initiatives. The Board, through Resolution No. R-889-03, and the City Commission,
through Resolution No. 2003-25241, also approved an amendment to the lnterlocal
Agreement ("First Amendment") to delegate to the City the power to implement the
community policing initiatives.
The Board, through Resolution No. R-958-05, and the City Commission, through
Resolution No. 2004-25560, also approved a second amendment to the lnterlocal
Agreement ("Second Amendment") whereby (i) the County, City, and Agency agreed
that the Agency would remit one and one-half percent (1.5o/o) of the Tax lncrement
Revenue paid to the Agency for said fiscal year to the County to defray administrative
costs for oversight and processing Agency related items, after debt service and all other
obligations related to the bonds or future indebtedness issued by the Agency and
approved by the County was satisfied for the fiscal year, and (ii) the County approved
the Agency's issuance of refunding bonds in an amount not to exceed a principal
amount of $101,090,000.00 to refinance all or a portion of the outstanding principal
amount of bonds issued with respect to the Redevelopment Area.
Section 163.361 , Florida Statutes, provides that the "governing body" of the
Redevelopment Agency may amend the Redevelopment Plan from time to time, upon
recommendation of the Agency.
The 332-acre City Center/Historic Convention Village Redevelopment and Revitalization
Area (City Center RDA) was established in 1993, in order to provide the funding
1017
Red evelop me nt Agency Me morand u m
Redevelopment Plan and lnterlocal Amendment
November 19,2014
Page 3 of 5
mechanism to foster the development of new convention hotel development within
proximity of the Miami Beach Convention Center and to establish the necessary linkages
between the City's many core area civic, cultural and entertainment uses in order to
create the fabric of a true urban downtown.
Since its success in attracting two convention-quality hotels, the Redevelopment Agency
has been focusing its efforts on a number of initiatives including enhanced innovative
community policing and upgrading the area's infrastructure, alleviating traffic and parking
congestion and encouraging the production and presentation of arts and cultural
activities in the area. ln 2003, the Redevelopment Agency amended its Redevelopment
Plan for City Center to specifically address these objectives in the context of the New
World Symphony's expansion plans involving the 17th Street surface lots and the
resulting impact to the Convention Center and neighboring businesses in addition to new
or enhanced policing initiatives in the area.
County and City Administrations negotiated and conceptually (in pertinent part) agreed
to the following items pertaining to the RDA:(i) amend the Plan; and(ii) amend the lnterlocal Agreement to, among other things, extend
the life of the Redevelopment Area to March 31,2044; and(iii) authorize the issuance of tax increment revenue bonds in one or
more series by the RDA in an amount not to exceed $430,000,000
for purposes of refunding current outstanding debt, funding eligible
community redevelopment project costs, including the Miami
Beach Convention Center (Convention Center) renovation, and
any reserves and costs of issuance;(iv) provide for an ongoing adequate operating and maintenance
subsidy for the Miami Beach Convention Center, in addition to the
existing $+.S million per year and annual year-end revenue
sharing that the City currently receives from Convention
Development Taxes through 2048;
(vii)
(viii)
provide for ongoing funding of City operations in the RDA;
establish that from FY 2014-15 through FY 2021-22, any funding
not used for debt service and operating expenses will go into a
fund to be used for shortfalls and eventually prepayment of debt;
establish that from FY 2022-23 until FY 2043-44, the County will
receive a refund of City Center Agency operating expenses based
on its proportion of revenues contributed to the Trust Fund; and
provide that any remaining funding will be used to extinguish debt
early.
The City Commission, pursuant to Resolution No. 2014-28644 adopted on June 27,
2014, approved a Memorandum of lntent (the "MOl"), memorializing the foregoing, the
terms of which were endorsed by the County Mayor, subject to final legal review by the
County and approval by the Board of County Commissioners.
The MOI provides that the conceptual terms and conditions contained therein, including
the preceding terms, are subject to further actions and approvals to be taken,
respectively, by the Board, the City Commission, and the Agency. Accordingly, in
furtherance of same, the County, City, and the Agency desire to further amend the
lnterlocal Agreement.
(v)
(vi)
1018
Red evelop me nt Agency Me morand u m
Redevelopment Plan and lnterlocal Amendment
November 19,2014
Page 4 of 5
The City and the Agency have prepared an amendment to the Plan (the "Plan
Amendment"), to incorporate (1) the Miami Beach Convention Center Renovation and
Expansion Project, including all necessary improvements to and expansion of the
Convention Center and surrounding area (the "Project"); (2) the financing of the Project,
including the funding of operating and maintenance costs thereof; and (3) extend the
time certain for completing all redevelopment projects financed by increment revenues
and retiring all outstanding indebtedness to a date no later than March 31,2044.
The Redevelopment Agency's objective over the next five years shall focus on the
planning and implementation of capital projects associated with, but not limited to the
Master Plan for the expansion of the Convention Center, upgrading streetscapes and
related infrastructure throughout City Center and parking facilities, The RDA shall also
continue to fund public service enhancements provided for under the Community
Policing Program as well as ensure the on-going maintenance of capital assets funded
with TlF. A majority of the capital enhancements set forth in the Redevelopment Plan
and the 2003 Amendment, have been completed and/or are currently underway,
including the City Center Right-of-Way improvements, the City Hall Expansion Garage,
the Collins Park improvements and the development of the 17th Street surface lots into
the New World Campus.
Redevelopment Agency (RDA) lnterlocal Agreement
Subsequently, the City and County administrations have negotiated the terms of a third
amendment to the City Center RDA (the Third Amendment), which will extend the life of
the from FY 2022-23 to FY 2043144 at the 95 percent (95%) tax increment funding level.
This allows the CRA to fund, through the issuance of CRA bonds, the additional funding
needed for construction costs of the new and expanded Convention Center and to fund
$36 million of previously approved City Center RDA capital projects, provide increased
operating and maintenance expenses for the Convention Center, as well as City Center
RDA administrative costs, community policing, and capital project maintenance within
the RDA. However, after FY 2022123, when the existing RDA would have expired, City
returns a pro-rata share of administrative costs, community policing, and capital project
maintenance to the County,
The $36 million of previously planned City Center projects include $20 million
programmed in the City's adopted Capital lmprovement Plan for the Lincoln Road
lmprovement from Washington Avenue to Lenox Avenue, which will be based on the
Lincoln Road Master Plan currently undenr''ray, $g.ZS million programmed for the second
half of the funding for the Bass Museum lnterior Expansion Project, and $12 million
programmed for lmprovements to 17th Street and Connectors to Lincoln Road. These
are all projects in the City's adopted Capital lmprovement Plan, which are not part of the
Convention Center Project.
The issuance of City Center RDA Bonds will be done through a public offering of debt.
The marketplace will dictate the debt service coverage and debt service reserve
requirements for those bonds (for a total estimated bond issuance of approximately $+00
million, including refunding of approximately $70 million of existing bonds, which will
have a direct impact on how long those bonds will be outstanding. Since the expansion
of the City Center RDA is only for the purposes of providing funding for the Convention
Center expansion, providing funding for previously approved City Center projects, and
providing an adequate additional operating and maintenance subsidy for the facility, both
1019
Redevelopment Agency Memorandu m
Redevelopment Plan and lnterlocal Amendment
November 19,2014
Page 5 of 5
the County and City administrations agree to recommend that the CRA would not need
to seek prior approval of each year's budget from the Board of County Commissioners
before borrowing money, advancing funds or incurring indebtedness. However, County
and City administrations agree that representation by one County Commissioner on the
RDA Board would be appropriate. Accordingly, the Third Amendment also includes a
provision which allows the Board of County Commissioners the right, in its sole and
absolute discretion, to appoint a member of the Agency, who shall be the Commissioner
of County Commission District 5, and such Commissioner shall be vested with the same
rights, duties and obligations as any other Agency commissioner.
Pursuant to an existing Convention Development Tax (CDT) lnterlocal agreement, the
City currently receives a flat $4.5 million per year from Convention Development Taxes
to operate and maintain the Convention Center, plus an annual year-end revenue share
based on CDT exceeding collection amounts that increase each year. The Third
Amendment will allow for an additional annual operating and maintenance subsidy
starting at $1 million in 2017 and growing to $4 million by 2021, which will then escalate
at 4 percent or Consumer Price lndex (CPl) annually (whichever is less) starting in 2026
over the life of the Convention Center, funded either through RDA funds or through
Convention Development Taxes, depending on the availability of the latter. That funding
will remain in place until2048.
Finally, once the currently existing debt is refinanced, the Third Amendment exempts the
Children's Trust, an independent taxing district, with respect to the pledging of annual
tax increment revenues attributable to The Children's Trust, to conform with the general
exemption provided to The Children's Trust in Section 2-1742 of the Miami-Dade County
Code.
Redevelopment Agency (RDA) Plan Amendment
The attached Resolution also amends the City Center/Historic Convention Village
Redevelopment Plan to include the renovation and expansion of the Convention Center
and related operating and maintenance, upgrading streetscapes and related
infrastructure throughout City Center and associated parking facilities. The Third
Amendment also extends the life of the district from FY 2022123 to March 31 , 2044. The
Third Amendment also replaces page 42 of the 2002 Plan Amendment to address the
Convention Center renovation and expansion. The plan amendments are attached for
your review as Exhibit "A."
The City Commission, at its October 29, 2014 meeting, adopted amendments to the
Trust Fund Ordinance which extended the period of funding of the Trust Fund.
Convention Development Tax (CDT) lnterlocal Agreement
An amendment to the Convention Development Tax (CDT) lnterlocal Agreement
consistent with the terms of the negotiated MOI is a separate item on this agenda.
CONCLUSION
As such, the Administration recommends adopting the Amendment to the City Center
Redevelopment Plan and lnterlocal Agreement.
JLM/KGB/MS
Attachment
T:\AGENDA\2014\November\TCED\RDA\RDA Plan and lnterlocal Amendment memo.doc
1020
RESOLUTION NO.
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MTAMI
BEACH REDEVELOPMENT AGENCY, RECOMMENDING APPROVAL
BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING
PURSUANT TO SECTION 163.361(2), FLORTDA STATUTES,
AMENDMENTS TO THE MIAMI BEACH CITY CENTERYHISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION
AREA (CITY CENTER RDA) PLAN, AN APPROVED REDEVELOPMENT
PLAN UNDER THE PROVISIONS OF SECTION 163.360, FLORIDA
STATUTES (THE PLAN); SAID AMENDMENTS: (A) INCORPORATING
THE CITY'S PROPOSED GONVENTION CENTER RENOVATION AND
EXPANSION PROJECT; AND (B) PROVIDING FOR AN EXTENSION OF
THE CITY CENTER RDA AT A NtNETy FIVE PERCENT (95%) TAX
INCREMENT UNTIL THE EARLIER OF MARCH 31, 2044, OR THE
DATE AGENCY INDEBTEDNESS IS NO LONGER OUTSTANDING;
FURTHER APPROVING AND AUTHORIZING THE CHAIRMAN AND
SECRETARY TO EXECUTE A THIRD AMENDMENT, BY AND AMONG
MIAM!-DADE cOUNTy (COUNTY), THE CtTy, AND THE MtAMt BEACH
REDEVELOPMENT AGENCY (RDA), TO THE NOVEMBER 16, 1993
TNTERLOCAL COOPERATTON AGREEMENT, AS AMENDED (THE
TNTERLOCAL AGREEMENT), RELATED TO THE CITY CENTER RDA
AND BY WHICH THE COUNTY ORIGINALLY DELEGATED TO THE
CITY CERTAIN REDEVELOPMENT POWERS CONFERRED TO THE
couNTy UNDER PART ilt, CHAPTER 163, FLORTDA STATUTES (THE
COMMUNITY REDEVELOPMENT AGREEMENT ACT OF 1969 OR THE
ACT); AND WHICH AMENDMENT, AMONG OTHER TERMS, EXTENDS
THE TERM OF THE CITY CENTER RDA, AS PROVIDED IN THE
AFORESTATED PLAN AMENDMENT, AND ADDS AN ADDITIONAL
MEMBER TO THE GOVERNING BOARD OF THE AGENCY, WHO
SHALL BE THE MIAMI.DADE COUNTY COMMISSIONER OF COUNTY
coMMlssloN DlsTRlcT 5, PURSUANT TO SECTTON 163.357(d) OF THE
FLORIDA STATUTES.
WHEREAS, the City of Miami Beach, Florida ("City") adopted Resolution No. 93-
20721 on February 12, 1993, and Miami-Dade County (the "County") adopted Resolution No.
R-317-93 on March 30, 1993, approving the City Center/Historic Convention Village
Redevelopment and Revitalization Plan (the "Plan") for the project area commonly called "City
Center/Historic Convention Village Redevelopment and Revitilization Area" (the "City Center
RDA" or the "Redevelopment Area"); and
WHEREAS, the City enacted Ordinance No. 93-2836 on February 24, 1993, and the
County enacted Ordinance No. 93-28 on April 27, 1993, creating a trust fund ("Fund") to fund
improvements in the Redevelopment Area; and
WHEREAS, the County and the City also approved and entered into an lnterlocal
Cooperation Agreement ("lnterlocal Agreement"), executed on November 16, 1993, by which
the County delegated to the City certain redevelopment powers granted by Part lll of Chapter
163, Florida Statutes including, but not limited to, the implementation of the Plan; and
1021
WHEREAS, the Mayor and the City Commission adopted Resolution No. 2014-28644
on June 27, 2014, approving a proposed Memorandum of lntent ("MOl"), the terms of which
were also endorsed by the County Mayor; and
WHEREAS, subject to approval of final agreements by the City Commission and the
Miami-Dade County Board of County Commissioners, the terms of the MOI memorialized the
City and County's commitment to amend the Plan; amend the lnterlocal Agreement to, among
other things, permit the Miami Beach Redevelopment Agency (the "Agency" or "RDA") to issue
bonds and extend the life of the City Center RDA; and to provide for an ongoing adequate
operating and maintenance subsidy for the Miami Beach Convention Center, in addition to the
existing $4.5 million per year that the City currently receives from Convention Development
Taxes; and
WHEREAS, the Agency recommends the proposed Plan amendment, attached and
incorporated as Exhibit "A" hereto, to (1) incorporate the Miami Beach Convention Center
Renovation and Expansion Project (the "Project"); (2) incorporate the financing of the Project,
including the funding of operating and maintenance costs therefor; and (3) extend the time
certain for completing all redevelopment projects financed by increment revenues until the
earlier of March 31, 2044 or the date Agency indebtedness is no longer outstanding; and
WHEREAS, the Agency finds that with respect to the Plan amendments:
(i) a feasible method continues to exist for the location of families who will be displaced
from the Redevelopment Area in decent, safe, and sanitary dwelling accommodations
within their means and without undue hardship to such families, as the amendments do
not contemplate displacement of residents;
(ii) the Plan continues to conform to the general plan of the County and the City as a whole;
(iii) the Plan continues to give due consideration to the utilization of community policing
innovations, and to the provision of adequate park and recreational areas and facilities
that may be desirable for neighborhood improvement, with special consideration for the
health, safety, and welfare of children residing in the general vicinity of the site covered
by the Plan;
(iv) the Plan will continue to afford maximum opportunity, consistent with the sound needs of
the City as a whole, for the rehabilitation or redevelopment of the community
redevelopment area by private enterprise; and
WHEREAS, the Agency further recommends the execution of the Third Amendment to
the lnterlocal Agreement, attached and incorporated as Exhibit "B" hereto, to, in pertinent part:
(i) authorize the Agency to issue bonds and incur debt, in an aggregate principal
amount not to exceed $430,000,000.00, secured by tax increment revenues of the
Agency to, among other purposes, fund a portion of the Project;
(ii) extend the time certain for completing all redevelopment projects financed by
increment revenues until the earlier of March 31, 2044 or the date Agency
indebtedness is no longer outstanding;
1022
(iii) provide an exemption for The Children's Trust, an independent special taxing district,
from the requirements of Section 163.387(2)(a) of the Florida Statutes, with respect
to the pledging of annual tax increment revenues attributable to The Children's Trust,
commencing on the earlier of (i) the date the Agency's bonds outstanding as of
November 1,2014 are no longer outstanding, or (ii) March 31, 2023;
(iv) add an additional member to the governing board of the RDA, who shall be the
Miami-Dade County Commissioner of County Commission District 5, pursuant to
Section 163.357(d) of the Florida Statutes, and who shall be vested with the same
rights, duties and obligations as any other Agency commissioner; and
WHEREAS, upon approval by the Agency and the City, respectively, the Plan
amendment and the Third Amendment to the lnterlocal Agreement will be transmitted to the
County, for consideration and approval by the Board of County Commissioners.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE
MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairman and Members recommend
approval by the Mayor and City Commission, of amendments to the Miami Beach City
Center/Historic Convention Village Redevelopment and Revitalization Area (City Center RDA)
Plan, an approved Redevelopment Plan under the provisions of Section 163.360, Florida
Statutes (the Plan); said amendments: (a) incorporating the City's proposed Convention Center
Renovation And Expansion Project; and (b) providing for an extension of the City Center RDA at
a ninety five percent (95%) tax increment until the earlier of March 31, 2044, or the date Agency
indebtedness is no longer outstanding; further approve and authorize the Chairman and
Secretary to execute a Third Amendment, by and among Miami-Dade County (County), the
City, and the Miami Beach Redevelopment Agency (RDA), to the November 16, 1993 lnterlocal
Cooperation Agreement, as amended (the lnterlocal Agreement), said Third Amendment
attached and incorporated as Exhibit "B" to this Resolution.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, Secretary
2014.
Philip Levine, Chairperson
T:IAGE N DA\201 4\J uly\TCE D\RDA Plan and I nterlocal Amendment Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR E)(ECUTION
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@-mffi"rp_? Date '
1023
EXHtBtT ,,A"
,Pagc iZ oi,.thqoriginal I99] l-l..larr rs l.rorcb.r tlcletcil in its cntirct.v arrrl rcnlaccd with the tirllorrrns.
It- i--*r*ieipate4+lr.+e+iu+HrereffieHt+-e+€rtr$-i+l-ifi+fid+iy,be-g:ne+at *i,:ki*11
As public implovements spur additional plivate investrnent, inclements w'ill
grow. allo',virrg bonds to be issued in an amount uecessary to tund the
S65-6,-iS I millionfrogram-sh*reot+ll-inett*bo+r;. To raise the S(+5$:.\_L million
in honds will require a cornrnitrnent of approxirnately $6=6 25 million annually
in tax increments unlrl thc car'liel of'\'lrrrch -ll. 10.1.1. or thc drtc.\scnc)
lllfchlgdrrq'ss i-5 r1!) lql grll or[st]ndj1s.o+€r-]$-vci+r-feri+xl. The Agency will
prepare ancl adopt a resolution authorizillg the issuance ofbonds and definirrg
their terms. Such a resolution rnust tre aclopted prior to the sale olthe boncls.
The bonds shall be marketed in accorclance with statutory retluirements.
The Agency mav issue Recle','elopment Revenue Boncls for the tbllorving
purposes:
b.
To pay ibr site inrprovernents. project improvernents ancl supporting
tacilities constructecl at the Agency's expense and to pay tbr all other
experrclitures made by the Agency fbr or in conllection '"vith the
project.
With the consent of the applicable governing body. to pay all or parl of
the value ol land and the cost of the installation and construction of
any building, lacility, structure. or other improvernenr which is
publicly owned either within or ."vithout the project area to the extent
that such buildings, facilities, structures, or other irnprovements are ol
henefit to the project area.
Reimbursement to the City ol Miami Beach lor monies erpeneled or
advanced.
For arry otlrer purposes pennitted by law ancl authorizecl by the
Agency.
d.
Any bond. note or other fblm of indebteclness pledging increment revenue
shall rnature rro later than the rna.rimurn period allowecl by applicable lar.v.
102. Duration of Projects
The retlevelopment activities conternplated b"v this plan 4Iq_ii.!.\rr.r)sl-c-rl-LrnLLl,Jl:r'_c.r:_!S!_of
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1025
Exhibit "B"
Third Amendment to
November 16, 1993 lnterlocal Cooperation Agreement
1026
THIRD AMENDMENT TO
THE INTERLOCAL COOPERATION AGREEMENT
This Third Amendment to the Interlocal Agreement ("Third Amendment"), made this
day of , 2014 ("Effective Date"), by and among Miami-Dade
County, a political subdivision of the State of Florida (hereinafter referred to as the "County"),
the City of Miami Beach, a municipal corporation under the laws of the State of Florida
(hereinafter referred to as the "City''), and the Miami Beach Redevelopment Agency, a public
agency and body corporate created pursuant to Section 163.356, Florida Statutes (hereinafter
referred to as the "Agency").
WHEREAS, the Miami-Dade County Board of County Commissioners (the "Board")
adopted Resolution No. R-317-93 on March 30, 1993, approving, among other things, the City
Center/Historic Convention Village Redevelopment and Revitalization Plan (the "Plan") and
delegated certain powers conferred on the Board by Part III, Chapter 163, Florida Statutes (the
"Act"), to implement the Plan to the Mayor and City Commission of the City of Miami Beach
(the "City Commission"), all for the project area commonly called "City Center/Historic
Convention Village Redevelopment and Revitalization Area" (such Area previously referred to
in the Interlocal Agreement described below, as the "Project" and herein referred to as the
"Redevelopment Area").; and
WHEREAS, the Board also enacted Ordinance No. 93-28 on April 27,1993, which
among other things, established a trust fund ("Fund" or "Trust Fund") to fund improvements in
the Redevelopment Area; and
WHEREAS, the County and the City also approved and entered into the Interlocal
Cooperation Agreement, executed on November 16,1993 (as amended by the First Amendment
4299801t2tMtAMt
1027
(defined below) and by the Second Amendment (defined below), the "Interlocal Agreement"), by
which the County delegated to the City certain redevelopment powers granted by the Act,
including but not limited to the creation of the Redevelopment Area and implementation of the
Plan; and
WHEREAS, the County and the City adopted Resolution No. R-889-03 and Resolution
No. 2003-2537, respectively, approving an amendment to the Plan to incorporate the
development and implementation of community policing initiatives; and
WHEREAS, the Board, through Resolution No. R-889-03, and the City Commission,
through Resolution No. 2003-25241, also approved an amendment to the Interlocal Agreement
("First Amendment") to delegate to the City the power to implement the community policing
initiatives; and
WHEREAS, the Board, through Resolution No. R-958-05, and the City Commission,
through Resolution No. 2004-25560, also approved a second amendment to the Interlocal
Agreement ("Second Amendment") whereby (i) the County, City, and Agency agreed that the
Agency would remit one and one-half percent (1.5%) of the Tax Increment Revenue paid to the
Agency for said fiscal year to the County to defray administrative costs for oversight and
processing Agency related items, after debt service and all other obligations related to the bonds
or future indebtedness issued by the Agency and approved by the County was satisfied for the
fiscal year, and (ii) the County approved the Agency's issuance of refunding bonds in an amount
not to exceed a principal amount of $101,090,000.00 to refinance all or a portion of the
outstanding principal amount of bonds issued with respect to the Redevelopment Area; and
WHEREAS, the County, City and Agency also desire to amend the Convention
Development Tax ("CDT") Interlocal Agreement from 1996, as amended (the "1996 CDT
1028
Interlocal Agreement") to, among other things, allow for the use of CDT revenues to pay for the
operations and maintenance and debt service for the Convention Center Project (as such project
is hereinafter defined); and
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants recorded herein, the County, the City and the Agency agree as follows:
A. The recitations set forth above are true and correct and adopted as part of this
Third Amendment.
B. Paragraph III "City Responsibilities," subparagraph C, "Project Financing," sub-
subparagraph 3, of the Interlocal Agreement is hereby amended to read as follows:
3. The City shall prepare and submit for County approval at the beginning of
each County fiscal year the Project budget in a format approved by the County.
The Board waives Section 3 of County Resolution No. R-871-11 requiring the
Agency to submit timely budgets for approval by the Board prior to the Agency
borrowing money, advancing funds or incurring indebtedness proposed to be
repaid from or secured by the Agency's Tax lncrement Revenues.
C. Paragraph III "City Responsibilities", subparagraph C, "Project Financing," of the
Interlocal Agreement is hereby amended to add the following sub-subparagraphs 6,7 and 8,
respectively:
6. The Board has approved and authorized pursuant to
Resolution No. _, adopted on _, the issuance
by the Agency of bonds pledging Tax Increment Revenue from
time to time, in an aggregate principal amount not to exceed $430
million, and maturing not later than March 31, 2044, in one or
more series (without regard to the year(s) of issuance, the "2015
Bonds"), which will provide funds for the following purposes only:
a. the amount necessary to refund the outstanding Tax
Increment Revenue Bonds, Taxable Series 19984, Taxable Series
20054 and Series 20058 (collectively, the "Outstanding Bonds");
b. approximately $275 million to fund a portion of the
design, development and construction of the Convention Center
1029
project, (which project is currently estimated to cost a total of $582
million and is more fully described in Exhibit "A', attached hereto
and incorporated herein by this reference (the "Convention Center
Project");
c. approximately $36 million for the ancillary
Redevelopment Area capital projects, which are more fully
described in Exhibit "B," attached hereto and incorporated herein
by this reference; and
d. All costs of issuance and debt service reserves
associated with the 2015 Bonds.
7. The parties agree that any Tax Increment Revenue shall be
used in accordance with this Agreement. Any Tax Increment
Revenue not used in accordance with this Agreement shall be
refunded by the Agency to the taxing authorities in the same
percentage as it was contributed, but solely from available Tax
Increment Revenues after satisfying all obligations on, or related
to, Agency Indebtedness (as hereinafter defined).
8. In addition to the 2015 Bonds, the City also plans to issue
City of Miami Beach Resort Tax Revenue Bonds and Parking
Revenue Bonds to complete the financing required for the
Convention Center Proj ect.
D.Paragraph V, "Board Approval," of the Interlocal Agreement is hereby amended
to read as follows:
Any approval required by the Board as to the annual budget,
amendments to the Plan, or amount, duration and purpose of
bonds, notes or other indebtedness for the Redevelopment Area
shall not be unreasonably withheld, conditioned, or delayed, or
adversely affect any matters previously approved either in a
previous annual budget or pursuant to any previously approved
bond, note or other form of indebtedness pledging or obligating
Tax Increment Revenues.
E. The Interlocal Agreement is amended to add the following Paragraph:
1030
F.
V[. Extension of Taxing Authorities' Payments.
Except as specifically set forth herein, the obligation of each taxing
authority to deposit into the Trust Fund pursuant to the Act solely
for the uses authoized in the Amended Plan and this Interlocal
Agreement is extended until the earlier of March 3I,2044, or the
date Agency Indebtedness (as defined below) is no longer
outstanding.
The Interlocal Agreement is amended to add the following Paragraph:
IX. Tax Increment District Extension
The City and Agency represent that as of the Effective Date the
only indebtedness pledging Tax Increment Revenues that remains
outstanding are the Outstanding Bonds. The City and the Agency
covenant and agree that the City or Agency, as the case may be,
shall not issue any additional indebtedness, other than the 2015
Bonds, pledging Tax Increment Revenue unless and until such
indebtedness has been authoized by the Board. The Outstanding
Bonds, the 2015 Bonds and any additional indebtedness pledging
Tax Increment Revenues authorized by the Board are collectively
referred to in this Agreement and defined as the "Agency
Indebtedness." The Agency, within ten (10) days after the
maturity and payment or defeasance of all Agency Indebtedness,
shall give written notice to the taxing authorities that all Agency
Indebtedness has been defeased or has matured and been paid (the
"Defeasance Notice"). The terms "defeasance" or "defeased," as
used in this Agreement with respect to Agency Indebtedness, shall
mean the legal release of the lien on the Tax Increment Revenues
through the establishment of an irrevocable escrow in an amount
sufficient to pay, when due, the Agency Indebtedness being
refunded. The City, Agency and the County agree that the taxing
authorities' obligation to contribute to the Fund will cease as of the
date of the Defeasance Notice. The Agency shall distribute all
revenues remaining in the Fund at that time only as provided and
in the order of priority set forth in Paragraph XII of this Interlocal
Agreement to the extent any of the required distributions set forth
in such section remain unpaid for such fiscal year, with any
revenues that remain after payment of all such amounts to be
distributed to each taxing authority in the proportion that the
amount of contribution by such taxing authority bears to the total
amount contributed by all taxing authorities for that fiscal year.
The Agency shall remit such revenues to the taxing authorities no
later than thiny (30) days from the date of the Defeasance Notice.
The parties agree that upon final distribution of all revenues in the
Fund, the Redevelopment Area and tax increment district shall be
1031
G.
deemed terminated and the Agency will sunset and cease to exist
as of such date.
The Interlocal Agreement is amended to add the following Paragraph:
X. Miami-Dade County or Other Taxing Authority
Representation
As required in Section I of County Resolution No. R-1382-09 and
Section 2 of County Resolution R-871-11, and as provided in
Section 163.357(1)(d) of the Florida Statutes, the Board shall have
the right, in its sole and absolute discretion, to appoint a member of
the Agency, who shall be the Commissioner of County
Commission District 5, and such Commissioner shall be vested
with the same rights, duties and obligations as any other Agency
commissioner. Said membership on the Agency's board of
commissioners shall be considered an additional duty of office as
prescribed by Section 163.357(l)(d) of the Florida Statutes.
Such appointment by the Board shall be immediate and will
become part of the Agency's board of commissioners without
further action from the Agency required.
The Interlocal Agreement is amended to add the following Paragraph:H.
1032
XI. The Children's Trust Exemption
The County, the City and the Agency agree that pursuant to
Section 2-1742 of the Code of Miami-Dade County, The
Children's Trust, an independent special taxing district, shall be
exempt from the provisions of Section 163.387(2)(a) of the Florida
Statutes, commencing the earlier of March 31, 2023, or the date
that the Outstanding Bonds are defeased or mature and are paid. If
required, the parties further agree to negotiate and execute an
amended interlocal agreement with The Children's Trust to codify
the terms and condition of such exemption.
Annual Tax Increment Revenues attributable to The Children's
Trust shall not be pledged by the Agency toward the repayment of
the 2015 Bonds or any new indebtedness pledging Tax Increment
Revenues approved by the Board. Until such time as The
Children's Trust is exempt from the provisions of
Sectionl63 .387(2)(a) of the Florida Statutes, the provisions of the
Interlocal Agreement among the City, Agency and County as
adopted by the Board on July 27,2004 (Resolution No. R-973-04),
as fully described in Exhibit C, apply to the distribution of the Tax
Increment Revenues attributable to The Children's Trust.
The Interlocal Agreement is amended to add the following Paragraph
XII. Distribution of Trust Fund Revenues
A11 Tax Increment Revenues shall be deposited in the Trust Fund
as required by law, and the parties agree that all funds in the Fund
shall be distributed annually, only as provided and in the order of
priority as set forth below:
A. Beginning Fiscal Year 2014-15, to pay the first $500,000 in
current expenses and debt service, reserve deposits and
other costs and obligations associated with the Outstanding
Bonds until such time as the Outstanding Bonds have been
refunded or are no longer outstanding.
B. Beginning Fiscal Year 2014-15, to remit to The Children's
Trust the legally available portion of Tax Increment
Revenues attributable to The Children's Trust until
exemption, or until such time as the Outstanding Bonds
have been refunded or are no longer outstanding.
C. Beginning Fiscal Year 2014-15, to pay debt service, reserve
deposits and other costs and obligations associated with the 2015 Bonds
and any other Agency Indebtedness.
1033
D.In addition to the annual funding that the City currently
receives from Convention Development Taxes, pursuant to
Section II.A.1 of the 1996 CDT lnterlocal Agreement,
beginning in FY 2017-18, and ending the earlier of the
termination or expiration of the taxing authorities'
obligation to appropriate Tax Lrcrement Revenues to the
Fund, or the date that the Convention Center is no longer in
operation as a publicly owned convention center, the
Agency shall remit to the City a Convention Center
operating and maintenance subsidy in the annual amounts
for such years set forth below. For FY 2017-18, the amount
of the annual subsidy is equal to $1 million. This amount
will increase by $750,000 each fiscal year thereafter until it
equals $4 million in FY 2021-22. For FY 2022-23, through
and including FY 2024-25, the annual subsidy will remain
equal to $4 million. Beginning FY 2025-26, and ending the
earlier of the termination or expiration of the taxing
authorities' obligation to appropriate the Tax Increment
Revenues to the Fund or the date that the Convention
Center is no longer in operation as a publicly owned
convention center, the annual subsidy shall equal the prior
fiscal year's annual subsidy adjusted by the lesser of the
Miami Urban Area CPI to be calculated using the Miami
Fort Lauderdale All Urban Consumers CPI from July to
June for the prior year or 4 percent annually. The City and
the Agency agree that such funds shall only be used to fund
operating and maintenance costs of the Convention Center.
Notwithstanding and prevailing over any provision to the
contrary herein, if the County grants CDT funds to the
Agency or the City pursuant to Section II.A.3 of the CDT
Interlocal for the purpose of funding Convention Center
operating and maintenance costs such amount referred to as
(the "CDT Grant"), the annual subsidy payrnent to be
funded with increment revenues pursuant to the prior
paragraph shall be reduced by an amount equal to the CDT
Grant.
Beginning FY 2023-24, and until the earlier of March 31,
2044, or the termination or expiration of the taxing
authorities' obligation to appropriate the Tax Increment
Revenues to the Fund, the Agency agrees to grant to the
County an amount equal to the County's proportionate
share of the total payments expended by the Agency in the
prior fiscal year for Administration, Community Policing,
E.
1034
F.
and Capital Project Maintenance (defined below). Such
grant shall be paid to the County by March 31 of each year
and shall be based on the previous year's expenses for
Administration, Community Policing, and Capital Project
Maintenance. The amount granted annually shall be
calculated as follows:
The County's share of total Tax Increment Revenues
deposited into the Trust Fund for that particular year
divided by the total Tax Increment Revenues collected
from all taxing authorities and deposited in the Trust Fund
for that particular year, multiplied by the amount of
expenses paid by the Agency in the previous fiscal year for
Administration, Community Policing and Capital Project
Maintenance.
Beginning in FY 2014-15, and ending on the earlier of
termination or expiration of the taxing authorities'
obligation to appropriate Tax Increment Revenue to the
Fund, Tax Increment Revenues shall fund the Agency's
expenses for Administration, Community Policing, and
Capital Project Maintenance, defined to include only those
categories listed in the Agency's FY 2013-14 adopted
budget approved by the Board pursuant to County
Resolution No. R-512-14, a copy of which is attached
hereto as Exhibit D and is incorporated herein by this
reference. For fiscal year 2014-15, the use of Tax
Increment Revenues for such expenses shall not exceed
$ll.72l million which has been adjusted for CPI as defined
below, of which $ll.25t Million is the aggregate amount
budgeted for these items, as referenced in Exhibit D plus an
additional $200,000 for Capital Project Maintenance
(which shall not be used for maintenance of the
Pennsylvania Avenue Shops and Garage). Beginning fiscal
year 2015-16, the use of Tax lncrement Revenues to fund
the Agency's expenses for Administration, Community
Policing, and Capital Project Maintenance shall not exceed
the prior fiscal year's distribution for such expenses of
$Il.72l million, adjusted by the lesser of the Miami Urban
Area CPI or 3 percent annually to be calculated using the
Miami Fort Lauderdale All Urban Consumers CPI from
July to June for the prior year. Additionally the Agency
will pay the County an administrative fee based on 1.5
percent of the County's Tax lncrement Revenue
contribution in that year. The Agency will also pay the City
1035
G.
H.
1.5 percent of the City's Tax Increment Revenue
contribution in that year.
In FY 2014-15 and FY 2015-16, respectively the Agency
will reimburse the City for the Bass Museum and Lincoln
Road prior project costs of $1,288,032.62 in FY 2014-15,
and $1,286,464.26 in FY 2015-16.
Beginning FY 2014-15 and ending on the earlier of March
31, 2023, or the termination or expiration of the taxing
authorities' obligation to appropriate Tax Increment
Revenue to the Trust Fund, the Agency shall, within ninety
(90) days from the conclusion of each fiscal year, deposit
any unencumbered amounts on deposit in the Trust Fund
and all available revenues remaining after distribution of
Tax Increment Revenues in the order, priority and amounts
set forth in Sections A through G above, into a fund to be
used for the purposes of financing any shortfalls associated
with the payment of the expenses as listed in Section F
above. Such deposits to such fund shall only be made if it
will not negatively affect the exclusion from gross income,
for federal income tax purposes, of interest on any tax-
exempt Agency Indebtedness. All other remaining
revenues will be used to extinguish Agency Indebtedness
early, but not prior to FY 2023-24, to the extent such
Agency Indebtedness is subject to prepayment or
redemption prior to mafurity at such time or, if such
Agency Indebtedness is not then subject to prepayment or
redemption prior to maturity, to establish an escrow for the
prepayment or redemption prior to maturity of such Agency
Indebtedness at such time as the Agency Indebtedness is
subject to prepayment or redemption prior to maturity;
provided, however, that such escrow shall only be
established if it will not negatively affect the exclusion
from gross income, for federal tax purposes, of interest on
any such tax-exempt Agency Indebtedness. The City and
the Agency agree not to issue Capital Appreciation Bonds
or similar debt that does not pay interest on a current basis.
The City and the Agency also agree that any Agency
Indebtedness pledging Tax Increment Revenues issued for
the purposes set forth herein shall include a call provision
allowing such Agency Indebtedness to be called no later
l0
1036
than ten (10) years after initial issuance. If the Agency
Indebtedness is not subject to repayment or redemption
prior to maturity, and an escrow cannot be established, then
the Agency shall distribute annually any revenues
remaining on deposit in the Fund after distribution as set
forth in Sections A through G above, to the taxing
authorities in the proportionate manner as it was deposited.
Beginning FY 2023-24, and ending on the earlier of March
31, 2044, or the termination or expiration of the taxing
authorities' obligation to appropriate Tax Increment
Revenues to the Fund, the Agency shall, within ninety (90)
days from the conclusion of each fiscal year, use any
unencumbered amounts on deposit in the Trust Fund and
all available revenues remaining after distribution of Tax
Increment Revenues in the order, priority and amounts set
forth in Sections A through G above to extinguish Agency
Indebtedness early, to the extent such Agency Indebtedness
is subject to prepayment or redemption prior to maturity at
such time or, if such Agency Indebtedness is not then
subject to prepayment or redemption prior to maturity, to
establish an escrow for the prepayment or redemption prior
to maturity of such Agency Indebtedness, at such time as
the Agency Indebtedness is subject to prepayment or
redemption prior to maturity; provided, however, that such
escrow shall only be established if it will not negatively
affect the exclusion from gross income, for federal tax
pufposes, of interest on any such tax-exempt Agency
Indebtedness. The City and the Agency agree not to issue
Capital Appreciation Bonds or similar debt that does not
pay interest on a current basis. The City and the Agency
also agree that any Agency Indebtedness pledging Tax
Increment Revenues issued for the purposes set forth herein
shall include a call provision allowing such Agency
Indebtedness to be called no later than ten (10) years after
initial issuance. If the Agency Indebtedness is not subject
to prepayment or redemption prior to maturity, and an
escrow cannot be established, then the Agency shall
distribute annually any Tax Increment Revenues remaining
on deposit in the Fund after distribution as set forth in
ll
1037
Sections A through G above to the taxing authorities in the
proportionate manner as it was deposited.
J. The Interlocal Agreement is amended to add the following Paragraphs:
XIV. Inspector General Review
A. Independent Private Inspector General Reviews
Pursuant to Miami-Dade County Administrative Order 3-20, the County has the
right to retain the services of an Independent Private Sector Inspector General
(hereinafter "IPSIG"), whenever the County deems it appropriate to do so. Upon
written notice from the County, the Agency shall make available to the IPSIG
retained by the County, all requested records and documentation pertaining to this
Third Amendment for inspection and reproduction. The County shall be
responsible for the payment of these IPSIG services, and under no circumstance
shall the Agency incur any charges relating to these IPSIG services. The terms of
this provision herein, apply to the Agency, its officers, agents, employees,
Subcontractors and assignees. Nothing contained in this provision shall impair
any independent right of the County to conduct an audit or investigate the
operations, activities and performance of the Agency in connection with this
Third Amendment. The terms of this Article shall not impose any liability on the
County by the Agency or any third party.
B. Miami-Dade County Inspector General Review
According to Section 2-1076 of the Code of Miami-Dade County, as amended by
Ordinance No. 99-63, Miami-Dade County has established the Office of the
Inspector General which may, on a random basis, perform audits on all county
agreements, throughout the duration of said agreements, except as otherwise
provided below.
Nothing contained above shall in arry way limit the powers of the Inspector
General to perform audits on all County agreements including, but not limited to,
those agreements specifically exempted above. The Miami-Dade County
Inspector General is authorized and empowered to review past, present and
proposed County and Agency contracts, transactions, accounts, records,
agreements and programs. In addition, the Inspector General has the power to
subpoena witnesses, administer oaths, require the production of records and
monitor existing projects and programs. Monitoring of an existing project or
program may include a report concerning whether the project is on time, within
budget and in conformance with plans, specifications and applicable law. The
Inspector General is empowered to analyze the necessity of and reasonableness of
t2
1038
proposed change orders to a contract. The Inspector General is empowered to
retain the services of independent private sector inspectors general (IPSIG) to
audit, investigate, monitor, oversee, inspect and review operations, activities,
performance and procurement process, including but not limited to project design,
specifications, proposal submittals, activities of the Agency, its officers, agents
and employees, lobbyists, County staff and elected officials to ensure compliance
with contract specifications and to detect fraud and comrption.
Upon written notice to the Agency from the Inspector General or IPSIG retained
by the Inspector General, the Agency shall make all requested records and
documents available to the Inspector General or IPSIG for inspection and
copying. The Inspector General and IPSIG shall have the right to inspect and
copy all documents and records in the Agency's possession, custody or control
which, in the Inspector General's or IPSIG's sole judgment, pertain to
performance of the contract, including, but not limited to original estimate files,
change order estimate files, worksheets, proposals and agreements form and
which successful and unsuccessful Subcontractors and suppliers, all project-
related correspondence, memoranda, instructions, financial documents,
construction documents, proposal and contract documents, back-charge
documents, all documents and records which involve cash, trade or volume
discounts, insurance proceeds, rebates, or dividends received, payroll and
personnel records, and supporting documentation for the aforesaid documents and
records.
K. All provisions of the Interlocal Agreement, other than the provisions specifically
amended herein, remain in full force and effect.
[SIGNATURES APPEAR ON THE FOLLOWING PAGEI
13
1039
IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the
date first written above.
CITY OF MIAMI BEACH MIAMI-DADE COUNTY
By:By:
Philip Levine
Mayor
ATTEST
By:
City Clerk
MIAMI BEACH REDEVELOPMENT
AGENCY
By:
Philip Levine
Chairman
Attest:
By:
City Clerk
Approved for form and legal sufficiency
Carlos A. Gimenez
Mayor
ATTEST
Deputy Clerk
Approved for form and legal sufficiency
By:
Assistant County Attorney
By:
t(le(,P
t4
1040
Exhibit "A"
Convention Center Project
Convention Center Renovation and Expansion
The Convention Center Project will modernize and upgrade the Convention Center facility and
surrounding area to be more competitive within the trade/consumer show and convention
industries. The project to reconstruct, construct, reconfigure, modernize and expand the
Convention Center and related/accessory facilities including the siting of private lodging facilities
near or adjacent to the facility may include, but not be limited to: redesign and reconstruction of
the convention center building and site; upgrading media, communications, and other area
technology; alterations to on and off site parking; on site and off site aesthetic improvements;
expansion/addition or reconfiguration of facilities to include a ballroom or similar amenities;
operation and maintenance of facilities for a period during and after construction, location or
relocation of other area facilities directly related to the Convention Center and/or its ability to
attract additional users.
A-l
1041
Exhibit "B"
$36 Million Ancillary Projects
City of Miami Beach
Redevelopment Agency
List of Ancillary Projects
Bass Museum lnterior Space Expansion: Renovation of Bass Museum interior to
increase programmable space by 47%
Estimated Cost: $3,750,000
Convention Center Lincoln Rd Connectors & 17th St N. lmprovement Penn Ave to
Wash: Enhance the pedestrian experience from the Convention Center complex to
Lincoln Road along Drexel Avenue, Pennsylvania Avenue and Meridian Avenue. Work
to consist of new lighting, sidewalk reconstruction, street furnishings, landscaping,
healthy tree fertilization systems, road reconstruction, cross walk enhancements.
lmprovements to 17th Street from Pennsylvania Avenue to Washington Avenue will
consist of landscaping, irrigation, pedestrian lighting and sidewalk replacement.
Estimated Cost: $1 2,000,000
Lincoln Rd / Washington Ave to Lenox Ave: Refurbishment of Lincoln Road
pedestrian mall from Washington Avenue to Lenox Avenue. Work to consist of new
lighting, refurbishing pedestrian surfaces, street furnishings, healthy tree fertilization
systems, milling and resurfacing pavement surfaces and cross walk enhancements.
Estimated Cost: $20,000,000
A-2
1042
Exhibit "C"
Children's Trust Interlocal
B-l
1043
*,
INTERIOCAL AGREEMENT
AMONG CITY OF MIAMI BEACH,
MIAN4I BEACE REDE\IELOPMENT AGENCY,
MIAMI-DADE COUNTY, FLORIDA
&
TEE CHILDREN'S TRUST,
This Interlocdl Agreement ("Agreement") is among the City of Miami Beach,
Florida, (the "Ci!/'), thc,lfigp1,,Be-aph,.RedeveJoBment Agency (the "CRA"), Miami-
Dade County, Florida (the *County'') and The Children's Trust, Miami-Dade County ("
The Trust"), an independent special taxing district, for the purpose of establishing the use
of ta:c increment reveoues to be derived from the imposition of a half mill tax lerry by
The Trust against real properfy located within the jurisdictiors of the CRA (the "Trust
Revenues"),
WHEREAS, The Tnrst was established as a result of a county-wide referendum in
which the electors of the Couaty approved the creation of The Trust and i1s imposition of
a not to exceed half mill tax levy against all non-exempt real property in Miarrri-Dade
Couuty for the purpose of funding improvements to children's health, development and
safety and promoting parental and community responsibility for children who reside in
Miami-Dade County;and
WIIEREAS, chapter 163, Part III, Florida statutes, also known as the
Community Redevelopment Act of 1969 (the "Act"), provides for the creation of
community redevelopment agencies and govems the use of moneys in the redevelopment
trust funds created in accordance with the Act (each, a "Fund,,); and
WIIEREAS, the City Commission accepted a delegation of powers from the
Miami-Dade County Board of Cornmissioners (the "Board"), found a need for and
created the CRA to have jurisdiction over all of its community redeveiopment districts,
declared members of the City Commission to be the members of the Agency, granted the
Agency the power to exercise certain powers permitted by the Act to the extent delegated
by the Board to the Agency and directed the initiation, preparation and adoption of
community redevelopment plans by the Agency for its two community redevelopment
districts known as City Center/Ilistoric Convention Village and South pointe (;'CRA
Districts"); and
WHEREAS, the CRA has various series of community
bonds currently outstanding.in the aggregate principal nmount of
(the.Bonds,,)issuedundercertainbondreso1utions(the..BondReso@owhic[
the CRA has pledged all current and future tax increment revenues the CRA is entifled. to
receive pursuant to the Act from all non-exempt taxing authorities including ta:r
increment revenues from any additional tax levies created subsequent to the issuance of
the Bonds such as The Trust Revenues; and
1044
,5
WIIEREAS, the City has piedged certrain City revenues to the holders of the
Bonds as a additional security for the Bonds; and
WIIEREAS; as an independent special taxing district. The Tnrst is elieible to
share in anv tCIr increment'revenues not budseted for a particular use and remafuling at
the end of the CRA's fiscal vear in the Fund established for each CRA community
redevelopment district and
WIIEREAS, the Board anacted Ordinance No. 03-210 (the "Ordinance") with an
effective date of October L7, 2003 that established a poiicy that before the Board will
consider auy matter conceming a community redevelopment agency, including the
approval of an annual CRA budget, a govenring body such as the Cify shall first exempt
The Tnrst pursuant to the Act from having to deposit its Trust Revenues with the
community redevelopment agency; and
WHEREAS, the City is unable to obtain review of its matters, including the CRA
budget, by the Board because it cannot comply with the Ordinance without violating the
CRA's pledges to the holders of the Bonds that requires all present and fuhre tax
increment revenues from each CRA Diskict to be available for the repalment of debt
service on the Bonds relating to such CRA District; and
WHEREAS, the City, the CRA and the County wish to assist The Trust and to
effectuate the will of the eiectorate by agreeing to remit The Trust Revenues to The Trust
pusuant.to the provisions of this Agreement; and
WHEREAS, approximately ten percent (10%) of the ad valorem tax revenue
collected in Miami'Dade County is from residents of the Crty and;
WHEREAS, The Trust collects approximateiy $6 million in ad valorem ta>r
reverues from the residents of the City which is ten percent (10%) of the ad valorem tax
revenue it collects and;
WHEREAS, there are children and families who reside in the City and are in need
of the services described in The Trust's Strategic Framework 2003-2007 and there are a
number of agencies which may provide quality services to these children and families if
provided financial assistance; and
WHEREAS, in exchange for the city's and the cRA's cooperation, The Trust
will make fuods available for children's programs within the City in the amount of The
Trust Revenues annually upon the conditions set fortb in this Agreement; and
WIIEREAS, the City, the CRA, the County and The Trust desire to enter into this
Agreement in order to establish their cooperation and.agreement with respect to tle use
of The Trust Revenues,
1045
'!
NOW TIIEREFORE, the parties agree as follows:
Section 1. The recitals above are incorporated in Section 1 of this Agreement.
Sestion 2. The City, the CRA and the Couaty agree that the CRA shall (i)
use The Trust Revenues for debt service on, ant other obligations relating to, the Bouds
under the applicable Bond Resolutions only after all other ta:i increment revenues under
the applicable Bond Resolutions have been exhausted for such puqpose; and (ii) remit to
The Trust on the last day of the CRA's fiscal year, all of the Trust Revenues that are not
needed for debt service on, and other obligations relating to, the Bonds under the
applicable Bond Resolutions and are eligible to be refunded pursuant to the Act, and the
applicable Bond Resolutions.
Section 3. The Trust will make available funds in the amount of Trust
Revenues annually for programs and services to children and far:nilies within the City,
tbrough a competitive process, to the City and/or agencies and organizations that provide
saidJrograms and services within the City. However, in order to receive funding, the
City and/or agency or organizafion must provide a program or service that falls within
The Trust's funding priorities and quality standards. The City and/or agency or
organiiation is in no way reskicted fronr participating in, and shall not be prejudiced by,
any and all other competitive funding opportunities offered by The Tmst.
Section 4. This Agreement shall be effective upon execution by all parties
and shall continue for as long as The Trust is in existence and can levy ad valorem taxes.
Section 5. This Agreement is made in the State of Florida and shall be
governed according to the laws of the State of Florida. Proper venue for this Agreement
shall be Miami-Dade County, Florida.
Section 6. Any alterations, variations, modifications, extensions or waivers of
provisions of this Agreement shall only be vaiid when they have been reduced to writing,
duly approved and signed by both parties and attached to the original of this Agreement.
Section 7. This Agreement is signed in four (4) counterparts, and each
counterpart shall constitute an original of this Agreement
Section 8. This Agreement containg all the temrs and conditions agreed upon
by the parties. No other Agreement, oral or otherwise, regarding the subjeci matter of
this Agreement shall be deemed to exist or bind any of the parties hJreto. If any
provision of this Agreement is held invalid or void, the remainder of this Agreement shall
not be af[ected thereby if such remaiader would then continue to conform to the terms
and requirements of applicable law.
3
1046
,a\
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their respective and duly authorized officers as of the day and year first above written.
(sEAL)
AfiEST:
ATTEST:
ftlt^,,^fl l*t r*
Secretary
ATTEST:
')u*,*
Valria C. Screen, Secretary
MIAMi-DADE COUNTY, FLORIDA
A0
f ,* Q..*nu, a
Signatr$e of AutHdrized Representative
PrintName and Title
THE CHILDREN'S TRUST, MIAMI
DADE COUNTT
U
APPROryED AS TO
FORM &ISNGUAGE
&FORE)(ECUTIOH
obert Parcher, City Clerk
CH REDEVELOPMENT AGENCY
Date
1047
Exhibit "D"
Resolution No. R-5 1 2-l 4
City Center FY 2013-14 Budget
A-2
1048
OTIrICIII,EII-E COTY
CI.E ,K OF TEE 3OT3D
or goEfirTY GouulsslosrEns
r&tuI-DIDE colrlrrT. lLonIDr
MEMORANDTIM
Agendalte4! No. 8(G) (1)' .:'
TO:
XROM: R. A. Cuevas, Jr.
County Attorney
Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners
DATE:June 3,2014
SUBJECT: Resolution approving Miami
Beach City Center Community
Redevelopment Agency Fiscal
Year 2013-14 budget
Resolution No. R-512-14
The accompanymg resolution was prcpared by the Office of Management and Budget and placed
onthe agenda at the request of Prime Sponsor Finance Committee.
RAC/smm
1049
Datb:
To:
From;
Subject:
fune 3,2014
Honorable' :Chalrwoman Rebeca Soga
'Bnd Members, Board 6f
CarlosA. Gimenez
Mayor
FY 2013-14 Budget forthe
Agencyl
Memorindum ffi@
Ci{y C. enter CommUnity Redevelopment
Recomnt-eJndatlgrt
It ls recommqnded that fhe Eoard .sf Counly Commissioners (Board) consi<ier approVihg the Miami
B6aeh City Center.Cornrflunity Hedeveloprnent Ageney's 1{gency's) FY 201:3-14 budget fp.r the Cily
Cente, r Com m ul lty Redeveloprnent Area (Area).
Ecoee of Aog,n,Ca. ltent
The,Area lieEwithin Cpmmission District 5, whi-ch.is reprosehted by Commission€f Bruno A. Banrelro,
Fisbal lmpact J' Futrdlnq L gtEce
The Agency's ieVenue souice is tax. increment financlng ff[fl, which. is generated through the
iricremental growth of ad valorem .revqnues beyond an establip:hed base year, 'as deflned ln Section
163,387 oJ lhe Florida State Statutes. Coutrty and Oity of Mlaml Beach (City] tax ingement.tevonueg
deposited into the trust fund for FY2013-14 total $16,918,000 and $19,840.,00Qi respectively,
.-, The Oounty'will' cbntinue t0 rnake annual paym6ntB .to the Agency, based,on eaeh respectlve yeafs
growth of ad valorern r.evenues.over th-e base year, through 2023. when the,fuency Wil[ sunset.
Track Record I Monitp![
This resolution does .not provide for contracting with any speciflc.entity. The, resoluti6n approves: the
Agenayrs FY 2013-14 budget.
-Ba'ckcirotrnd
On. January 26, 1993, the Board ,approved the establishment qf the Agenoy when It daciared the Area
tq be sium and blighted pursuant to,Reso[.ilion R-14-93. fhe Board appr.oved the Agensy'Q Community
Redevelopment Plan (Plan) and its fu-nding when it enacted Reso,lution R-31F93 and Ordinanoe 93-28,
reqpeclively, An hlgrlosal Agreemerit:arnong the Oounty, the Ot4 and the Agency and the Plan were,
approved by the Boaid on Ma'rch.30, 1:993, reQuirlng the Agency to -submit an qnnual budget for Qounty
approval.
FY 2013-.l4,BuCget
Tho Agency's, FY 2013-14,budqet ls $43 n0o,000, which was npproved by the Agency on .Seplemher
30, 2013" The budgst includos revenue sources of Oounty TIF Revenueg ($15,918,000), City TIF
Revenues ($19i840,000), Resort Tax Gontrihutions ($5,386,000), d % mill lev5r to .be 36t aside for the
Children's Trust ($1,831,000), and interest eamings ($25i000).
Administr:atiVe expenditurds for the Agency's operations, including the City,Administrative gharge for
ge.neral oversight ($283,000), total $2,244,000 and lepreqent, appr,oximately flve pereent of total
budgeted expenditures, excluding .the 1.6 percent Coun[y Administr.ative Charge ($239,000), which ls
less than the20 percentallowed in the lnterlocalAgre-ernent.
2
1050
l-fonorable Chainruoman Rebeca Sosa
and Members, Board of Gounty Commissioners
Page2
Operating oxpenditures total$39,791,000 and are broken down as follows:
. $18,443,000 for Capital ProJects including:o Collins Park Parking Garage ($12,242,000);
o Bass Museum lnterlor Space Expansion and Capital Contribution ($4,797,000);
o Euclid Avenue lmprovements at Lincoln Road ($69,000);
. City Center -Various sidewalk and street improvements Commercial District ($326,000);
. Lincoln Road Master Plan Study ($500,000);
r City Center Legal Fees ($350,000); and. Agency's Capiial Fund Balance Shortfall ($2,390,000)'
. nAOitionally, the capital project fund credit of $2,231,000 is a result of projects that were
underspent and closed out.
. $9,922,000 for debt service including:. Series 2005 Bonds and the cornbined debt service on the Parity Bonds ($8,550'000);
. Sunshine State Loan for the reconstruction/renovation of Lincoln Road ($825,000); and
. Loans for the Bass Museum Project ($547,000).
o g308,000 to Pennsylvania Avenue garage and shops to offset operational costs,
. g4,1g8,000 for community policing that lncludes len police offlcers, two sergeants, two public safety
aides, a crime analyst ,nl " part.Itime lieutenant providing comrnunity policing exclusively within the
Agency seven daYs a week.
. g5,0g5,000 for maintenance of Agency capital projects constructed wlth TIF funds (Lincoln Road,
Beachwalk Project, and Collins Park facilities).
. $1,831,000 as the Children's Trust Remittance,
The Agency's budget includes a contingency reserve of $384,000
The Agency's Fy 2012-19 expenditures created an initlal unaudited fund balance deficit of $341'237.
Therefire, it is ,."ornted for'in FY 2013-14 ($342,000). The Agency is in the process of auditing the
current fiscalyear and believes there will be no deficit.
Attachments
3
Edward
Mayor035'14
1051
MEMORAI\DUM
(Rcivised)
TO:Honorable Chairwoman Rebeca Sosa
antl Members, Boudof County Commissioners
DATE: June 3, 2014
SIIBIECT: AgendaltemNo. B(c) (t)FR'M:Bfu*
County Attonrey
Pleas'e note anyitems checked.
'3-Day Ruld' for committees applicable if raiseal
6 weeks requtretl bstween first reading and public hearlng
4weeks noffication to muuicipal ofisials required prior to puplic
headng
Decreases rwenues or inereases expenditures without balancing budget
Budgetrequirbd
Statement of flscal impact required
Ordinance creating e new board requires det':ailed County Mayorrs
report for public hearing
No commiffee rwiow
Applicable legislation requires more than a majority vote (Le,, ZB's _,
3/5's
-
unanimous _ ) to approve
Current information regarding fiDding source, inder code and available
balance' antl availablo caprcity (if debt ls contemplated) rqutred
4
1052
Approved
Veto
Override
Mavor AgendaItemNo. e(e)(r)
6-3-74
RESOLUTIONNO. R-512-14
RESOLUIION APPROYING MIAMT BEACH CITY
CENTER COMMUNITY REDEVELOPMENT
AGENCY FISCAL YEAR 2OI3-1,,4 BUDGET
WHEREAS, the Interlocal Cooperation Agreement between Miami-Dade County,
Florida (the "County"), City of Miami Beach (the 'Ci{/), and the City Center Community
Redevelopment Agenoy (the "Agenoy''), approved on March 30, 1993, requires that the City and
Agency hansmit its adopted annual budget to the Board of County Commissioners of Miami-
Dade County, Florida (the'tsoard') for approval; and
WHEREAS, the Agenoy and its oounsel have determinedthat aII expenditures associated
with the attached budget are allowable under the Redevelopment Plan, Interlocal Agreement and
Florida State Statute; and
WHEREAS, this Board desires to approvo the Agency's adopted annual budget for
Fiscal Year 2013-14, for the City Center Community Redevelopment Area (the 'tsudget'),.in the
form atirched hereto as Exhibit 1, and incorporated herein by reference; and
WffiREAS, this Board desires to aooomplish the pu{pose outlined in the accompanying
memorandum, a copy of which is incorporated herein by this reference,
NOW, TmREFIORE, BE m RESOLVED By Tm BOARD Or COUNTY
COMMISSIOI\IERS OF MHMI-IIADE COUNTY,ILORIDA, that the Board apixoves the
Agency's annual adopted budget for fiscal year 2013-14, related to the City Center Community
Redevelopment Area.
5
1053
Agenda Itern No. 8(G) (1)
PageNo.2
The foregoing resolution was offered by Commissioner tynileBell
who moved its adoption. The motionwas seconded by Commissioner JosE "Pqre" Diar
and upon being put to a vote, the vote was as follows:
Rebeca Sos4 Chairwoman
Lfmda Bell, Vice Chairabsent Esteban L. Bovo, Jr.Bruno A. Barreiro
Jose "Pepe" Diaz
SallyA. Helman
Jean Monestime
Sen. JavierD. Souto
Juan C. Tapata
Approved by County Attorney as
to form and legal sufficiency.
David Stephen Hope
aye
aye
aye
aye
absent
aye
aye
aye
aye
aye
absent
aye
Audrey M. Edmonson
Barbara J. Jordan
Dennis C. Moss
Xavier L. Suarez
The Chairperson thereupon declared the resolution duly passed and adopted this 3d day
of June, 2014. This resolution.shall become effective ten (10) days after the date of its adoption
urless vetoed by the Mayor, and if vetoe4 shall become effective only upon an override by this
Board.
MIAMI-DADE COI.]NTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
Ghristopher Agrippa
Deputy Clerk
dtL''
6
6X**:[ffij
1054
# MIAMIBEACH
dfy at lhlarU icothr 1700 CorryO,{ion &dler Ddvq lvlftilnl p6s4u Fh,rldo 33 13.9, wirlvotcmths .clflgw
Mlomi Beqch Redo,olopment ASency
t4t $aq 67L7577, For: 13051 673.7063
Novem6er6,2013
X/lC ,lorge M, Feniandez
Pr.ogfam Coodinato(
O,frIce of Mana0erfieh! & Budget
'111 NW { Street,22ns Floor
Miami, FL 33128
RE: City Center Redevelopme[t A.rea - -FY 2A73n4 Budget Submlttai
Dear M"r, Fgrnandee
Enciosed'iE he MlamiBeaoh RederreloprnentAgency'e Regolutioh packages,adopting
tho FY 2013114 Operating and Gapital Budgets In the Gountfs preferd fomat
together vu{th our sialus reporl The Budget was- adgpted by the RDA Board on
September 30, 20'!3, ft phbUld he noted that the most cunent year-end Finanojat
Statements, dated $eptemb6r 3A,?A1?, have already heen ftinrarded to the County
and afe also avqllable on line, The Financial Statements for 2013 will be amllable as
of Maroh 30, 2014.
F[qq$e,aavise.as to the Qountyrsohedule forreviewing and.approvlng tho enolosed
Budgefl ln'the meantime, should you have any quostions, please do not he+itate to
contac{ rne.
Sincerelv, fl/fi/L
Kathie Brooks
Assista.nt Dlrector
rGB;nlA$;ePl't
Enclos-ues
e Jhmy fr4onaler. Exeou$e Dir*tor
Max Sklar, Redevelopment Coodinator
John Woodruin OBPI Director
Georgette Dirnldls, Senior M&8 Analyst
FIINFO\$ALLiFDAIRDA Burtge$2olit4\Fy 13-1n Budget Trensdrhl Roqu6sr county-doc
V'la<ra. wl&d bplovldlapa<co.krl pd*,sar .ewd$Qypq[vlrokut. tto*, oadphyhou vilrpot toFkol.hbrrrkcoffirnnf].,
7
1055
.i;;
rUHMI BEACH REDEVELOFNf,ENT AGENCV
FY 20,13/{4 PROPOSED BUDGET
tAS ADOPTED ON SEPTEMBER 30, 2013I
CITY CENTER REDEVELOPIJIENT AREA
i'i
;.itili
The Miaml Beach .Reddvelopment Agency
1700 Gorwention Genter Drfue
Miami Beach, Fl33t3g
8
Submltted By:'
1056
(Miami Beach Redevelopment Agenoy
.Adopte-d Annual Budget for CityCenter
ry,,.?ffi3t14
Contant.
Budget Narrative
And Annuai' Proleqt Afea $tatus Report
FY 2Q13114 openting Budget as adoptpd by the
RDA Boara dn 09/30/1,3 (Cgunty Forrnat)
FY 2O13l14 Opsrating Budget as adopted bythe
RDA Bo€irdon 09/30/13 (RDA Format)
Capltal Proreot Surtunary and Flve-Year Plan
Capital Malntenance Surnmary
Oommunlty Pollclng Budget
Organkatiohal Chart,
Adopted FY 2fi1314 RDA Opet:atlng Budget Resolutlon Paokagds- FY 2A1€,n4 Operatlng Budget'ae adopted on 09/30/13- FY 2013114 CapltalBudget:adQpted on 09/30/13 ,
Adopted'FY 2U2n3 RDA Operatlng BudgetAmendrnent Package- Adopted onVl17l13
(
SECTION
1
2
3
4
5
0
7
I
Flnancial Report - Fi'scal Yearended $eptember 30,2012, prepared by R$M
MoGladrey.
( -.,r
I
1057
MIAM] BEACH REVELOPMENT AqENCY
GITY CENTER REDEVELOPIIIENT AREA
Tq assune ooritlrtued 6oondniiG viahillty of theGlty Oentor Redevelopment Area and
ttre CllJ as a trvhol0, thrbugh the lmplementatlon of the obJectlv€s and proJects
deflned h thE RedsvelqFnentptan and the arnendmentthercts.
To hdgr minirrilm rdocsllon and condemnatto. n.
To tnvtlvd co.mmunily reeiderrtti tn the rodevelopment process.
To eslahllsh: ihe npgessary lfnkagas to tia'h he Conventign Center, area hotel6,
gultur€l amenltr?s, ontertalnrnent Esldanflaland buqineis.uFes in the dtgtrlct,
To enhanpp diveralty pf fom and aolivlty through the use of established plannlng and
degtgn prlnalpbe.
To ctetrte ,S trxffiO $yitem to seiv$ local and thfdugh :trbfflc.n€6ds.
To ry gniae the hietoric Ekuctures and.deeignattofis wilhin the historic districts and
facllltat6 develbpment,accqrdlngly.
$latus Report
i
l
o
a
The 332:acre GIty Genter/HigtorloGonvention Mll.age RedoVel.qrngnf :+nd
ffiJEi%',',Tm'#%fi iflt"ffi tr5l"fl %l?iT,*
deuelopilent of neyr convrffion hotel developrnent wtthin
proximis pf tha Miaml BeAch Gonvriniion Cqnter and to
establish the necespqfy flnkages batuasen the CWs niany
core ffea civiq, cutfurs_l end entertainrnent user ln ordar tq
create tho fabric of e t'uo urtart do.rrvntotiwi.
Since Its lnception, the Oty Genter Redevelopment Area has
undargone dynamlc c*range hrbugh a combinatioii of publio
and private tnvestm. ent initiatiVes.
Exdtlrtg proiaots,ur,hlch luue tteh$fdrmed thq Area fifcludqi
. Two conven[ionquality hotels, both oJ urhich ]ttsre lhe reqult ,qf rubllc/private
partnerehlps between the Redevetopment Agency (RDA) and thb re-epoctlve
Developere. the 800-roorlr Lo6ws Miami Beach Hotel and the 425-robin Rofal Palm{,/
10
1058
A $20 r-nllllon oyerhaql of Uncoln Road, partially.funded With thE particlpation of
businesees on tlncoln Road;
Grcwne Plpr-zg Hotel.the latter o-f rvhloh had the dlstinotlon o! blng ,tnp flret Afrioen-
Amerioari owned hot{ hr the Unlted States;
The de-velopnp.nt of an 000-spaqe public parklng garage (Anchpr Garage) to
aorbmmodate:the Berking h6-edB'fpr ihe Loptirls Miaml Eaoh Hotel, tha frouare
PIaza,HoH and sther servlce and retail bueinessi#'inllio area;
An antard-winnlng Beadr.wa_llr extendlng from ?1st Strep!
tp Lummqs Park. oomprlshg an at-gnade, landscapd
pedestr,ian uralkwag
implementation oi a OultgraiArts Gempus :Mgste_r pfsn
for the aria past. pf the Miami .Beacfi Gonventlen
Ceit€t, Which ln0ludes a new rgglopal llprary, the
heqdquarters of thE Miaml Glty Ealiet, the expanslon and
renovatlan of thq Be$E Museum of Arl, the for
landscaplng of Cqltlhs Park, lnolllding $e rastorgtlg.n of
the RoJunda' and extEnsive Ftlestooape improvemalrts
throughoutlhe areq,
The completioh of the rnuoh.henalded New
Wofld Campus, lnqlUding the nery stat+,
of-the art Gehry-designred headquarters
hcllity tur the New World Symphqny and
two p'uhllcly-fundsd oompohonts, ind'udhga S15 Mllllor munlolpal Gehrydestgned
pa*lng garage aird a $21 Mitlion world-
clasg park.
11
1059
Other lnlporfant projects include the' 65G
spacid rriiiod-use"parklng faolllty buitt on th6
surface parking lol pn the uteet slde of OiS
Hall, vrrhlctr includes 35t000 squar€. feet of
munichal offlce .space; the lmpbrnentatignof maior ,Elree_t end infrastructure
lrfiprovementB throughoul City Gente[
valued at ntore than $26 Mlllisnl and Sre
aoquloftlon and renova$on of three multi-
farnlly buildings (Barday; Allen Housei The
London fhusai to tnalntain the stock of
affordeble hOuslng in the srea,
Tax increment Finanqing fin ffirough the.sa[e of bondE hag bE6n a maJor tool for
flnanclng redewlopmerrt activitiob. To date, four bprtd. iE5qe$ hqye. oocLined in GIty
Csnter:bne h 1gM mr.S25 rttillion, to acguire Hnd for fiq ho&al developffient
lnltletlvesi one ln 1990, ln the smpunt of $43,2 ml$lon to fund contrapt8l obligatlons
ahd cepltal lmprovemenb lelatod to the Loews Holel and
Crou/nA Plaza lioiei proJec-ts; one In iggB, in the
amount sf $38.2 mlllion to flnance caplta! exFendltures
r6lated Io the convanilon hotet prroleetq, tha cuttuitil
Campus prsject end to r,epay the $21;5 mltlion debt
obligation to the Clty; and thd most reoent, whlch
oc,cungd in 2005, in the amount of' $80.7 ntillion to
refinnnpe the eutstendlng debt serujce pn prlor bpnd
lssues.
The City and Redeyelopmient Ageney's commltment tq
upgrading and improvlng the area's inffasmroture,
addreeslng,parking and,circutati,on lszues, and .facllitating
new development haq fqeled glgnlficant nEw pdvete-
seolor lnveetment h the aroa, evldenced by moe than
$600 'Milllon ln new building pentit activlty dlnce the
aree's lncepton.
Ytlqrk Flan
slrice lts 6u@es ln ettracllng tum mnverrtion{uallty hotds, the RpdeveloprnentAgency
hae been focusing lts efrorts oh a number oJ irritiatives aimed at upgrading the area's
lnfrassmtute, utroets and pqrks, alleviaUng iufrio aod parklng cqnga-efion and
encor.nqing the produo0on arid presentation of'afts and ortturat aetivitles in the Aree. ln
2003, tha Redweloprnenf 4gency arnended lts Redeveiopment Plan for City Gonter to
epocifloally addrese ltreae- obJectivbs ln the cetltsxt of the New Worfd Syr.nphgny's
expanslon plan6 involvlng the 17u' Stieot'sr.irface lote and the resultlng lmpact to ths
Corruenlhn Center,and bqglnesses ln the afe*
To this ohd, the RedanelopmentAg;eniy's rhasslon is ts coordlnate, implement ahd fund
the Plan's obledtues and to oompliment tre eiryt establlshed vlsion;
r Cleanerand saf$
12
1060
. 8edufifti,'aMylbnr*:
':
. Msfure, shbte rssiderytal coryrryrunltyt rith rrr{l lmproved infrsstruc'tu-re
r Cuthtr-al, enterJalornent and .tpurlsm capltal; ffid:fntsmat6nal cEnler ftr lnnovallgh
cUlture a.rd : busine$Si tAfi il6
. MaH&lzing VaFE F our comfiqnty for th6 tax dolfars pald.
The Reder/stsplhqnt Agcncys 6h,j6otitits ovgr tho next frve years shall focus,qF the
ptanning and'iinFfemen:latfon of dpltai prolecJs assodated w]ft, but not ilmlted iq the
fitraste1 P]an for lhe expanslon of lhe Crcnvenllon 'Oenteri upgradlng straetccapes snd
related krftastructure throuEfrout City Centet ard lhcreaslng the inventory of parking
faclllfles, lncludlng the pendlrE oonslruollon of a new 460-space par"king garags to b6
locatEd on 23re struet and Oslllns Avenuer des-lgned Uy ruorld*enowrad archltect Zaha
Hadld-. Ths RpA shalt also continue to firna pfnUc seivlos enhancemsnF Hovided fqr
under he Oommunlty Policlng Program es wEll a$ gnqurB the on{.olng flialnlenenoe of
cgpital asseh funded with TIF. lt should b.e noted th6t thqf a mqloflty of the capltaf
enhanoemflts setlpith in tie RedEiaeiopment Plan ano th6.2002 Amendmertt thereb,
liliye b.een mmplehd ind/o are qunenflyuMerway, inoludlng theClty Qonler Rightof-
W,aylltrpmVsneflls-, thg Clly Hall Expartslon Garage. the Odllns Farlc f.nprovements and
th$:deVel.opment Of the l?h $treeJsurface tols tnto Bre Naw World Canipus.
e Based on lhe ?01aOeiliffcate of TaXable Valusfrom the PropertyAppraisai"s Office,
tho pnsltmln.ary.vafge of prope(y ln Clty Center ls aqtually proJected to lnorease by
7.301p erle1 20{2,,mailtlng f}ethlrd i6ar ln a row;'rmlues seem to be 'baok on the rlse,
f6[g1fling two ]ears of decllne. However, as [n prevlous years, the Oi$ has
recelveO coireSpqndenoe'from tho Gounty, advlslng of'the flnalhaikrn of lhe tax rotl
Sr ttb prlor year; whlctr ln the case of FY,201l/f4 refleote a slight:dectease from
the prellminary valuafioyr br the sgme yoaf and wlll fesult in a coresp"ondifig
adjustntenlfteduction in TIF reve,nres totallng $168,000 tor 201,$114 w $3.5 mitlbn
tor2012113.
Additiornl $ources of reVenire include dh e$dmated $5.4 Mlllion In Resprl.T.ax
conlributlpnsi a 16 mlll levy in &e, amount of $1.8 Mllllon, ts bE sel qtlde forths
Chlklrenls Trust pursuant to an lnteflocal Agreernont dated Ar.tgust '16, 2004
b.6t{ean the RDA, the Ctty of Mlaml Beao,h and Miami.Dade Count$ and an
estlmatod $25,000 kr lntelest lniqOfne.
Prolegl'releted expenses accgrnt fer appp$mately $28 Milliprr which lncludes $4.?
MiHtqn t0 bd alto0at6d for oommunlty ponohg lnlttatuee in City Gontar to contlnub to
govfle enhanced levels d stafiing add seMcep thmughout the erea, and $5 Mlllion
for malntenance of'RDA capltal profeob, On-golng ahd planned mpltal prdects in
Clty 6ent€r ar€ projeoted tu aoount for $18.4 Million ln the FY 2010/14 Budgel anO
generally ,lnctude
-alt6catlons' for construdon of the Colllns Part, Garagq,
Crtyl0onvention Qar.rter Right:of-Way gtorm Watsr lmprovements. Llncotn Road
Master Plan and improvements to Euclid Avonue. An addlfional $64000 lE belng
proposed for caplEt reflewal ahd replacerient projscts; lncttrding repalre and
13
1061
mainteiianca t0 the Colony Theater' Addifionally, $005,0001 ln transfurs to the
Perrns$vania AverruE Shops and Garage are budgeted to oftet fte Citfs coatS
asqociated urith ths retailand parklng operations.
Admhlstrative Exponses tOtal $1.9 Mllllon, comprislng e management fee of
$1,198,000 which is allocated to the Genaral Fund to pay for direct and indlreot Etaff
support for the RDA; apprqxrmatety $650,000 set aside for qn{olng plannlng and
coniulting work ralated to the Convontlon Cerrter $Qenshn_mqqter- dan; and
'$25,000 for capital renewal and replacefient pfojeds under $25,000. lt should be
noted that the Msnagement Fes,auosation- ie reflectlve of aotual dty resguyces
appiled to the opera0on of the RDA, .as supported by the RSM MoGladray Gost
Alloceflqn S1u4y, dated July 20, 2009, lt ehould further.he noted thatrAdrnlnletratiue
and Opemting expenees only aceoutrt for.less than three percen! (371) of tlp t_ot|t
budget, which ie weil below ths 2006 thieehold level established (and permitted) in
the lnterlooal Agreenent between the.Glty andthe County.
The,cilrreil combined debt seMce sn the 2005 SerieE Bonds and the Parity Bonde
aqqouflts for aBplhfimalelt/ $S.65 Millign ($8,.4) Milllon annually. City .Center aEo
continueo adsuttting debt Eervtce pAyfflsnta on the pofllOt1 qf the Guf Bpeze Loan
used io pay fdr tha. Bass Mu$sum expan*ion and renovatlon, and the portlon of lhP
Sunshlni state L-oan Piogram used fpr Llncoln Road lmProvaments, whlch
collecttely aoopunt for approximatety $1.,3 Mlllion.
Reserue lina item expenditures lnclude those lterns that, pursuant to the exlgting
Bond Coverranl$, may only bo expended once ffre,anngal debt servlce obligatiQns
have been met These lnclude tho Gountyls admlnlshatlve faes, aquivalett to 1.S%
of [s respec{iue TIF paymenq and the coriespondlng contrlbtrt{on to the Cltyls
General Fund; equivalent to 1.5% of {he Clty'e ehare of ite TIF paymenq and the
reniltrence of the 14 mill tax lavy back to the,Chlldren's Trust.
I
14
1062
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Miard Beach,Redpvaiopmrin( Agenc1
Clty Genter RedevelopmentArea
Proposod FY 20.13114 Oparaflng Budgrot
FY 1U11
FY.t3rljt Fudgslet!ProBoeed Vodarce!
'Rougtruot tltd Other Sodius irf lnbotno
fax lnirornarn -ettY'Pa{ Adjustment ioQB lncremeOl
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lnbi'iitlnconro
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Profeoclqnal &. rdatpd f*s
fleiulre and Malnlenanoo
Mkcallanaous expenBei
Total Admlnloper,lung FIlg,lsog
troJeot Expon!€*
Jommunlty Psliolng 1l3{d..1124
capltal Prdects hiatnlsnamo:
Prop6rty Msm[ 108-P904
Ssri[duon:' 10&ssi5
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Nnds prq,eot l+rcofn Park Complex.Codhgencl,
illrlrs ProJoct, Grgnl.ln Ald
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REVE}Ii'ES . EXP.EIISES
tYfitt2 FY20i2ll3
Acllst Actuel Adopted Brgoat - FropFvtrl8
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(r!,87{,@o)
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(1.036,000)
{;68{,000
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13,q00
s.1i5,000 e
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5O3,000
190;000
26,l.0@
{,6-t6,0d0
lspS{,000 |
(0,1,000)
16,902,000
(74,0@)
6,880,000
1,081,@
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i,i?4,000,
t50e,000
?02.000
?66,Oo
12,07
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388,000
911,624 S
2,76i4;371 I
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$1,!43p00
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Proposed FY 2018/14 Anchor Bhops ind Pnrklng Garqe Operatfng Budget
FY 20r2i{3
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ltan8fer t0 @pltF! Prdste
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TOTAL EXPENSEE
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neye..nues!.
P€ddng Opgritons
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ri{ofii FYlrlia FY 20r2lr
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BESOLUTTONflO: 6SS.2on!
a iesournou,oF THE ct$Rnensou nuo ilEilEEf,s eF
THE;IIAIIIEEACH REDEUELOPHENTAOENGV ADOPNNG 1
AND AFPROPRIATIfTIG THE OPERAMIG EUEGET FOR,TfIE
eny eruren BepEvet oFmenr afi EA i THE AitcHoR $HoFs, T}ID PARKfi{q GABAGE ANP THE PGT{NSY.LVAiSAAIIENUE
SIIOFS AND:FARKTNG GARAGE FOR FISCAL YEAR;?OIU{4
VllHEREAS,lhe propoend Ci$ Oenteir RedaretopitierrtArea EuCget hqe beqn prgpqrd to
cp[nciCEu{th he oge0 CIY Fuqget proceeg; gnd
iIUHERFAST fire prtpoaed'Citv Ccnbr RedevelopmentArea Budget relleds,anticlp*d
conetruillon prqFqtcoeb in addltlo.n tc operating and debt s€rvice costc fur tho ffscal ypar: srd
,i
UUlteREAS, Uia proposdd budgEts,for the Aichoi thops and Parklng Ga'rege end,the
Peryreylvanta Avenu6 S.liops And Garngo harrn b6er! lnE{uded e8. sfperals schedules-tq lhe.Orty
G.entoRertwelqpmqt&iraBudget,.rdlleotiogpfoj,ootalfsrenuesgnCopEratlnger@nsebrthl
fiecalyaEre-rrd
USfEREAS, ths E1€cUW-e DlrEctpr reommends apprwal 0f the propossd Flscel Year
2013fi4 btdgsE for ttre Olty Genler Redevelgpr[ent 4p6. 'de
well eE hr tha Androi Shop$ and
Parlrlng @rage.infl Sre Phnfisylvenle:Auenrlo ShpFg Bnd GaEge; and
iI.O.W'II{EBEFOHE,BEITDULYRB"OLVFD.BYTHEqTIAIBPFRSON"A}..IOi{IHTEER3-
oF THE ilneilt erncH REDEVELoPMENT AGENGY. tha[ the Chalrp.ersn and M€mbars hE_rpby
adcrpt and epphoprlatds lha opeefing budgot fof thd Clty Centbr Redeuelopnertt Rrea, the Arehor
thgps gnd laddng Ganege and ha Pennsyluarta Avenue Sncpr and barage for Flgc-alYear
2013fi{,'ls fdltoUs
Clty Gent* Rcdevclopment Area
Andror Garage Paildng Oparattons
Anotror Garage Retall,Operatlons
Fenns$vanla Avenue Garrge Farkhg Operatong
Pennaylvinla Avarue Garage Bctall Operailons
$+9,@orBoo-
$5;150,000
$857,@o
$061,000
$$50,0,00
PA$BED AI.ID AuOPED TIIIS SEPTEISBER 30fl OAV Or 2OI'.
ATTEST:
1077
MIAiV{I BEACH REDIVEIOPMENT AGENCY,IIEM SUIJ&iARY
[nplove [E grysqr6.Hu 4ncnd?r hsl$ qnd milnldn _orEE[ tnnd $$ng
trppofllng Data (survty*, Eflrlron[ngtftl 8mn, o[c"l:&p of he olve Kett &tqoded OJboni€B lt to rinsurh.wdl'doslsnGd end rilElt malnlrlnsd cq,ltd proFh gld
lnfraetriotrrs. ln ficcphu wflh qil! goel, sppm{natdy 5t percenl or 019.5 mlltlon d he ptoposd Fudget far CtV
effiffi b bdrig-dlocatsd tdlerdd dlpital g&ordhullBlndudltu n6r{ Eapfiet piorsctB. ,slt6r,st etu rslacomgnt hrll
mulntensnce of o<ltffns RIIA <iaolH ltfnthucum.
iisiiihfii.irri
tooohcldo
oreMewof ors
end Parldng
Ii5 rSlb'
t*hpr Trust Fund
p;pdqn fic20tg dcrflftqatcrtoflaxab-hVilt6frornh6FrupgrtyAp@sefsffico,treprqlh]narytalucof.trqpeW
IR Clly Gan&k lr prdeobd b lnqnime by 7;3% or,0r:r012: tli){t,sver, ss ti Clro{rlous ysarc; rhe Slty hnh,reeFlvcd
arespdndenoo fiun he Gtm$. rd.vlsho of ho flaallzatlon sf fte trDr toll tor'tho pAoryar" whlch h lhd dacd df FY
2011fi2, rlnedt a dightdeoease ftpmthe prelffiaryvahaton foriha eme yrarand wlllresullln acsneapondlng
a{uifrfient/tcdnoUonlnTlErercnugsbhHng0l0Ei000for2OtUl4vsgS.im{llonlbr2Ol?13. Add0onslqourclcof
re!,Enue Indude m Fstima&d $6,4rt{l0qn h FoeortTaxcontlbu0bnrtaE mllltaryh hEsmounlof9l.S,mlfl$.hle
eetasl&foruraCHErur'oTrust.p{.fsus.[ltO €h lnls&pd.Agreemeni caud egfliHE,3,Qgl betllrpeh.the RDA, tla
Gl'0/ ot ME,ni EB80h and MlalfF,DadB Comly; andan BstimBled $?6,000 In hlor$l Inoom6. The Eir,pGql FY 2$gn4
Oty Cg[-tE Rade-wlopmen_t4lEe Eudget of $43.qffi,009|s $S4,@0 le$ han &e ppporg.d Eurtg*rEcsflm€ndEd by
lhg!4s{rttveDliicbronSefiarnbar!1,2011, TtilrdecreutoFspatrltofriredUc{.onln116OqnddenffraeBrareot
,u276 E,i trE Mer and Contmffitm at is wofiehop :tieid sepomrq 23. 201 3.
td qder to addrect $q eudg(.og and fuSno ohlsarorrB qf.lhe Rsdewloprngni A.r.org,..q 6repfiBnghCe-at.flUrlhc
RedqV.elOpment An€noY.adopt tha attaclre( ResotilBon f,,hl& estalillshes tlp operatng budSg-E fur fie CIU Cnriler
Redov€lopmgntArea, UeAndlorShops and PaftlngGm6ge and {hE Ponnsylvanh Avenue Shops and Garrage 6rFr,
2013114,
roEil;fE*, t A
lrrtz Q'k]-t?E MIAMIBEAC,H
1078
E MIAMIBEACH
GDflli,EcdBrcdt l7O0&nwnlqaCrdcrDdr,]rtEnilBqh;Fhrkhgt'lgglwu8Osralbegd,ltgor
R EDEVFIOPIVTENT AG ENCY MEMORAN DUM
rG Chahpereon and Mgmbprs of the Mlamt
Eolt JlnEIryL.Monaiee,Exbcutiv8Dhedor
DAIE:, Srpt6ttb*90i2013
suUEGIr A RESOTUTTON OF THE
RED a|ELOFII Et lT AGEf{OYtlbEE!LbVa lnH!a aBb.lvaI .uvr rlatY.^!Y u..La-f
BUDOffi FOR.T}IE,UTY OENTER REDEVELOPTIIENTFUDOffi FOR.T}IE,UTY OENTER REDEVELOFTIIENTAREATHE AITICI{OR $HOPS
AirD pARKTNG eARAGE AND THE pENnsylvAr{neveuur'sHops aftD cARAGE
FOR FISCAL YEAR 2OI3II4.
AIIMI }IISTRATION RECOMTI EN DATION
Adopl gp Reqo-luUqn.
AITIALVSIS
The prBposed budgpt forthe-Clty Cenler RedevelopmentArea (RDA)ft-r FlscalYear20l3/14 has
beeri piElsaruO to dolrtOlde wi0r ihE ovdrali CIty budgEt procdsgi ano S being prusented today to
a6sl5t ln ppt {ding s cofitprefienshp ove rylerar qf the'aistrict. Pfahse refer to
-Att{glimonl
A for ih6
proposed bldget detalls.
Fcvsauas
Fe99d an thg flI13 Cerllf,rcafion of T.axeble Valrlq from;tre PropertY Apptataer'a Ofrlqa, he
pfelMlnary,rattftibf prgBei,tyln(*tyCEnterlri prajeced'tolncrease by?.3%ovaIOtA, matklng hQ
tldrd year ln.a rowraluas hale inoreamd; ualu$ segh to be baclt on 0re risel fullowlng ltuo ydars
oI dadine, Flbw"y+r, aEtn provlotn ygars.ltroCity tus ncelvad porrespondgr.,rce nnrf fire-Odunf,
adv[glng ofthelinsiEatlonof tne'taxiottfoithe pn6ryear,urtrlcti lntheciseofFvzotl/l2, rafleffia
sllght deqpase trom the prallrhlnafy vatua[on for lha same 1relr end w'll rasull Int coirespondhg
adJuetmentlredus[on ln TIF revenuee tola[ng $188;0@ ror2013/14!dmtrs'$3.5nfrfllonfur20lt/13.
Adiilflonat sour-c+o of,fearenua lnolude an$sdma, hd $5.4 rollllcrn ln ResoltTax oontrEutons; a )4 rntll
Brykrfreamouhtof $1,3 rqf8lon, f be aa asida:forthe ClrildrenisTrustpurg0entut,En lhtet{ooal
ngrement dEtgd A.rrgupt 16,20q4 hatwean lhe RDA, lho CWoJ MlqflBeeoh and Mlathf-tlaite
County: and En'dothaFd SZq,0q0 in hrtei'$tlnoomo.
ffiffil-ti o{pense$ aeouhtturapproximatetygtamlttton, uyhich tnctudssS{^e millonb be
allo'cdedforcommunltypolhhg lnltiatlrss lntregtyCenterbcgnlinue pmvldlng enlrancad levels
of sEfihg and cendaes flrroughortt trg areq and $4,9 m$lhn for rfisintgnanca.of RDA capital
Agsnw
Ahro mEmBERg oF Tt{E MlAlUl EEACH
AT.IO AFFROPRIATI NG THE. OPEFATI N C
1079
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fteilatg@men a Accrry rdaawudtnnWW W@,h' q& Cer'(Br br.Ff 201 an 4fuaZdg
prcjecte.Ongolr{andplqrnedcapitalproJeoffilntheOtycentuanproJ@dFaecoqmtfor.$1&4
rdlttrr h he FY 201U14 Budge[ and hdde alltrcailom br eohrfgdon of hc Ooffns Patk
Gariue, flre Ba6s Muszum'lnddor Erpanslon end Llhcoln Roed,Maeter Plan Sturty.'lncludes
${ .566 tnlfion a* e tanstErio covar nrlor oaolhl trtrf balance delldh,
An Addltlonal$?87i000 ls b
rspalrc End mdnbnanoa io
for *tBltd renciw.ai and replacement prroJocts; Inqhdlngr w$ltrH rEr.rYrlr. F.rv. ryr.{evsrYrrf lrrvlvne, ...tEv.r.l,
rd propcte and faol[tles, krdudlng th6 iAndror Gmqge
ln traneferc lo *ie Pannsyltanle A\rsnuo Shops andartd Colory Theaier, Addtiqrally,
Garaoe ale brdsetod to oket tha
and Colorry Theaier, Addtimally, $306,000 ln tranefea to trra Panngylwnla A\r€ruo .6hops and
Garqe ale hdgetod to oket iha RDAte, cosio 'asEooletsd umh trE ratdll anil parklrE spEta{ons.
Reserrcfue[an Influae ffroselteins
mayohube
County's ar
qnoe he annUal,dabt,ssMco
Pailr
0l$oTIb
Admlnlshatlve E-llpsnsor tobl $2 rnlllh& tomprlsW a mafqggnent fee o.f $1,04-3,0.n0 ruilstr lc
ellocatsd to ha Gensral Fund b pay for dlroot and lndlmct sgffsupport hr the RDA $81,000 for
aofiralopcratlng expEnsesi spprqxunably$629,000:satasld€ foron,golng phnnlno SM ConsuHng
worktoletad h- lhe &dvohlhn 0errter expanglon rnaster phn; and $261000 for caphal renarval and
rcplaggment projodt under 625,000. lt rhor.0d rba noted hat lhe Management Fee tllocaton ls
rofleqtlw of a0tual dU res0urcqs apdled to lha oppriatlon of lhe RDA, as supported by ths ReM
MpGladrsyCostAlbcatlonShrdY,datedJuly2Q,200g, lf$ouldfrrlherbenotedthatMmlrdslnattua
and OporaBng e{pansac only AooounJ for hgs lhan feur FrQBnl (4%} of the Ual.budgot, uil{ch le
well belowhe 20% treshold le\ral estabJlshad (and psfmltted) h thb lnHhoatAgfeementbetweEn
fte Etyand lhe Cqunty.
Ths wnuntcomhlned debttewlso on lh6 e006 Sarteg Bsnds and fire PaW Bondg aciruuhb for
appro:dmatsly$9,0 mltlton annua{ly. CI$ Certer:also oo.nltnuos gssumlrg debt egflae psyttterite pn
lhe porton of ttte Gulf Brcezi .Loan used to pay for llu Eass 0lueeum expan$lon and mnovaloh,
and ths porllon of 0re .SurrElilne Slate loan Prpgram us6d fqr,Llrpoln Road ImproJarieilg, l|,ttlolr
mlloctvely account for:appyg$psElqll $1.3 mllllon
TIF pgwnail; and ho remlttqnpE of lha 1{ mlll tax leUf b-ack to lhe chlldren'6. T.fust.
The tevenueaoyrd expenogsassoqlatadwthopanatonsof tre n*vlyo.pened Pe0nsylvenlaArnnue
6hopp and Qarage and thE Anc*ror ShopE and Parklng Gptage are prps€nfed aq pgpaeta
,d$6dul$B'.ln.ider !o ollmlnaE Bny pgrceptlon thdt proo€eds from.the fadlltes'opErra$ohs ars
pooled wl'*r TIF and olhqr TruEt Rrnd pvanuae:
Arcfror $ftenp and P,artlns
Garage nvaRuea atttle Anohot Gaiage are pHbeted at epprc)dmebty $3,1 fillllon, wlth operutttg
qxFnges,0ncluding delEdathl, qgntraoluairevenue+hri6g obllgaUonrr-dth Loeursandge.-mfal
tunil ad$ilnlsfiaflw,teEs); of approxlnngly $2.6 mltlitin aM'rpservss of $72,000. The Andrr rehll
:ffi SEry#.?Hfl ffi $01'-f ?$ffi -t:-H*3fl ,*,tffi H*{#,W'iffi &rtEtl,ffi ii3',f-Piff 3
depraalafion bHllng $116,000, as rcl] as projeclod resenuc of 974i,000.
Penngylvenla Avenuc Shops.and Garage
ln eonslclqBltron of the factfiiat$r+ Ponns$vadaAvenue shqps an{ Gana3a uas hulltbylhe RIIA
on CRyownqdpropertyr tlp operation of lhE fadllV hes. heen struglured ln frre frrm sl a 0ibund
bago bat#€n the 9v snc rhe R.DA pr,ovfflng terrl!6 for botr hE Garagg End Hetall operatl.orrs.
1080
-t
&plcnbe,,w&13
twcvaloryrwt Na,,try tlo nqanfu m
Ope{Ed/& W@i lbr O[y CBnl€r ftr Ft 801 8/l I
Rtgc 3 itts
71re gardge oFiathns lndlude base r6rrt atld eo edminlstiEhe fee, eilslstent wlth tlut of the
Anchor GFtaS9, Parldng'goFraliorul fee. and E\renue $afllw bstilean |he Gtyirnd $e RDA ThB
Relall qpgratbrE slsq lndude base rant and an admlru'sfiatiw fre, a$ wefl cs a rchlt hase rate
baeed on20l0 rehll mglcatep @s. The reEiioperadone also hnclude ranenua eharlng beftilsan
he,ctlyHrrd,he RDA
Base{ q1 eglhngteE o, the gnngeh qqrgnF}raar.opqeilrq re6ults, dnd Akhg Into oonetrdora{on he
suaqrs$firl dloou06n 0f { Iaase agt6srnent u/lth Fein i7, LLC,i for thE enttre mtatl qpaca, tha
hclfitylE antq{pated to genena.te $1.600,000 in revenuo$ in FY201S/i4, qom.p+i$ing $s6S,000|nparl(ng novsnue$ and $55Q,&0 ln retF[ lnfiinre. .l|trr/vnG[ Glneg tho'frdllty lb stlllanHclpete{ to
operabgtaboe durhg FY2{t1:gll4, hs RD.AplEnstoeutsidtseltsoparatlonslhnoughaGnshrof
S05.000 to ttra pqrffuO opgratlone. Experiser for the hcllls are UudgetoO ai 0t.0 Miillon,
ag,np.$lng $S0,(l0Q fr dJrecl. qpqlqttng oo-$S fqr he gqr?ge snd $611,000 ln lsaEa frm.*elaled
obllgeflona.
GONCLUSION
Thc prpposed Fy20l3/l4CltyGenbrRc&velopmentArca Btdgetof$$.000.000 h$94,000|eea
traft,the prbposod budget reoommendEd hylhE EIpcullve O{mctoron Septentlef 11,2011. Thls
dadrEate h.a result of a ndudon ln lhe cityrulde mlllage rate ol ,0275 by thE MaWr qnd
Comrnlsslon at lt$ rivorkshop held Soptenibpr 23: 2013. ThG mUag6 Eduoilon deonaaseB tle ,T|r
la\rafiirco pald to the dUCsnteiFtodevalopmentArea byths Gityof MiamlEeadr, thlsmduc0on in
rerrentis8 wes offsdt b! a mductlon ln ths opandlture llne "Reserve for Futqre Oapltal FrcJeoi*"
ln order Q address the exlsthg'qnd future obl[a[oru tn the Redevelopment Areq- li le
recoffinorded thatthe RedorelopmeritAgenqy adoptttts attactred Resolutlon, whhn eetabitshee
$e operatlry budgets fg thq $ty Carrter Redarretopment Area, the Anohor Shops end Parttng
Ganag6dnd the Penitsylvarila Avenue Shops and Garage for FfZ0tB/14.
.lLurrrsrus
Atlaohment
Ti\AOH.lOAU0i$Eeptrm6ar rOROe euq* rnenn ZBl3-l4.doe
1081
illa'{rl bcso$ idqrdwla .r* A$noy
.Ctly G.ntrr Rfih'4topndrt AIto
Ptqp€d FY 20{t 14 Operrfilrrg Budccl
'Fr,tdil
e1t,6a{ I
i;t.il,g4 ,
e0q!s
2,9*1*
frifie Fr'r0t4$
Frltlnaft!0xrd
(rrcso.000)
:tlq,qQo:
r.b?E;00't!.000
t9.p3{,000 i. ted0gql
$,ele008
O40m1
s,cs,0o0
1,8t1,000
25.000_
to{E@ t
r6a000
!q000
8000
ar00o
1.000
Ir000
10oq
7{8.000
1.rr,000
ti,{?t000
1.6i2,0Q0
im,000
,sc.0@,rrj
fllitd
O0r*
toTlr.
8t
2,819
72
7t9
1.!r00,ooo
r6JE2
;8,t#
6Ads0 s
r0E60r
o,arl.idt t
t,o!$4'tr
a#ira6.C
!0q2{:
a8,80'ur,{li
g16,u0
1i4000
&0m
4.00q
{r@
4000
gr00
211.000
ii,iliJtih .f
3{.t1r.00
iz,mr.ooq
&as,000
.
{q000 .r05,Om
llt.00p
fl,a-00
{r!r1000
8.000
t{m.mo)
Grs.ooq)
It6,0(n
r0p@
t1,000
+lJ(pAM
410.000
fr.00p
b0:000
t0,m0
r,000
tr.odl
4200
?et
4$5,fi0 t-.t'rir7tr00
a,uqmQ-8s,@
8.gsrl6a t
1,Oet,1?6
00!p50z.lle
ta.&r
1I7{I\T
2p{03{c
t,ueqros !
1,16,9Qt
!0a740
,01001
l{qrle
t.r81.00{
rJBt,m$
0;s50,m0 $
l?0.00_q
!{r,o0o
zqt ooo
?10:000
t,firt,mo
3aa000
tE olro-lF Idra{$ I sqzsQ!61 I
Or0r.000 I I
a
.$p00rql0 t !r8t8r@rt
Rmrucr.ad O.6cr iouini ol lnconr
Tshcrgll6il.Qqf
Pr4 Adrdnrnl to An:r heqmd
Tshcrqrls{t.@mtr
ftC &lwtst?ql ts (hnF halrdmil
'Golf Oodftrrhn tom Hn*qt Ts
'lrz liff ffit'5 T;ild qnHil[ott
fficrdlnrmtcFls fuhnc. RBhcaBLr: (Nf,FnF)
t&w.008
,fl,fh816?l
il,ltl.iz*i
(l.tsrrltD
1p49,'t8g
i{dd-o{
8.gts
-fdFdnfoDrl$qlh!.Feetlrrngtoranl tb{Blirlts i bsn nb)
8.1!ilg'rMlHldr3
Anar&[tgAPE [u'{on
Fodlgc,F.lnlh[ &qdh!
OilsrmleB&corhsunt
$irraFt,iltEM6{rE!&9od6roB
trrri O ruhrodpthnr
urslolFaTdr6|A!fllr.q
P(dtrrto0_A I tiildodL&
Rspar| snd-tr&$lh{flrpi
ul.q.el|hd'ri0ilifiEs
Iotd A&lhl0ban{m Erlrm.r
Ptqlaeryltl.€
coAmuUyfdcfuli&ttz4
wrdrooqEtfilBirErfr
rogrl;l&lrruf&tC6{6itfn&d t0&0eB€qEmrloo6 168"9066
lrwg PrqaEulJocolr PBkcompls( Ccreuond!,
.Nrr$pqdeot-6ml*l,Ad
Ttiluh b Ftfti gtt,{tr P.rldrq
IlridFbP!m'94plllDl1TrEffirb RolBwol offl Ra$acfiitnil
Tllmmbcssh,FElaqb
UFEFotEFan G
Rll$tt.nd D$[Sen oo gbulrtool
OaDt eriltt 9oll.trm6+ FslU Bond!
Gr{lg,lt lhu&nrlcp - tftlcolo Rd Prdfot
ObrrtDoDl8on{oe. Brs3 MuE um
Rcr6s4['CslIlUA@rFic
.Rosrp lbr cMB Corilrlxtlhn
Bdfiio (er'Or$drinlil-rirtt OfriElhJfrolRllq* fo( Qo[m Pnl( Pat[U Crrsg]
RfmtlirerrbPr.br Yr Fund 0ahne
Reer'Uc lor Fufirr Prdrartfil R.reIyD f,EDam8on la.
rctir ErFrl{sEi ifib obr.IqArJons
BEVElfl,lESrEGEiI3EI
O/af6,000
$ilt,0q
E0$.000
fe0.000.
,0rp00reru.q
E0rTIt.g00
J4
1082
Pr@oH FTl0ltll{ fitdrot shope and Far*lng G*"gt Ofcffing b@lr *trl.
llcilnutal
nEl,E{IFiulloENBE$
l.fl*!4r t:irl,rr0
rd.iif?
o4iit
s,t&
r"F.fr.{
1AS.0i4
1p1.a7li t
*i0.t4i
o2sr0
6.1@
6,300
te6740
tgs7l0
5l0o
44,000
!r,0m
(4iooot
t&mo
(1c,000)
||,040
r.000
(..000)
36.000
t ef.era t l,llgrrs t ..t
Propoofd FY 30!3rU lhtrneylffith Aro Bhope ond-Baraga oparat,n0 *O*r*,
fl r0rlr FYlt lt Ff zorrrit
Rcvandrir
P!flrrg opor.Sro
Rttrllt4lhg
Rrb[ Tnder fi,cni BDA Op.uUrfl r
FrldtE15lBlkfnmFD O]Enllqu
lolG.BFodel Ctch.
IOTALNEl'SflJE8
OPlrdlngErE{ttB:
hrkry Opcra[ons hrfldiuc
P!!Xm 4{rriruBer66.i
'Cliielelutrdr.LE6'Fa*hd Bera Rrd
ArdtvEra+fitmRcnt
Saegr tf.drfrhntqrtfre
Rslall Addilmd 6aaaRrd
.NHilHtIi,REfiT
&ldArrmhFra
DrnoddlFt
lrlltEoonfiftdonf
Arrnfifrctcrl
*htt6o-1.f
TMALETPEI{888
l(EtE',i.tlitsE-pF$rgEd
*t:fi?
tl3;tr8
ai2
a!trreI I
7tltB,8.fil
28IU
7et0r0 t !m;00q t.
.E$0!0
zl,0@
trs.ms
r{7.000
Ur8;oo
6rnto
:
r5!.06
@;@ I
E[fio
-t
llrtgo
m,mo.o'T
1{.00
tao,mo),05.@
?t!62
23sE
rd.ifl
_ir0sPE i.'!lE
fl;t97$rnsl
s6s.r60'8,6tti
2l.000
31,0m
0r.p08
22q000' {tl lro0
!r.000
re,i00 0 B,rcp1 ,l
aql!.9.09trrtrotl.ffi:
sqom
lSooo
06,0m
22Am,
!ar,&0
ru.00p
Uo.Alo
Frolo.ld 9aftmo
FA,A
$i00.
!80.G0t I frG0tr0l I taS0rooo I tr!fi,slo. .l
2i@Eqd
'{41d0}
Ed
l5.@
:t(ll@0
,2rtrc
!E;0I0
fio00
ltl;tho
158.000
1083
REDEVETOPI/IENT AGE NcY IIEM SUM6ARY
ii requha sbnlficrytt uapltalinvestment end ls inlonded Ll
oOn ,p as an oflldd H*emirrt of pti$li pollcy rgardlng ldhghtstgs ptyslcsl dot eloplileh! ln lliS G|, of
Mte*il Baach and lhe Mlamltli#ch RDAi citahil$hk-gpthrl0es lbr lhp upmmlqg fitn y.Hr psflod, F,Y
2btglt4 * Eot7lrs. Thp llmt ygfl' ol lhs OIP b rqmmrnsndd tur approval as tha FY 20lEIl4 9aprnat
Budget;
The Propmod C{yocnbrRDACapllat EudgetforFY20l3ll4 thoiefora tobls$18.954 millO--n qnF_lttg
proppssd FY 2013114 Canhl puobelfior ths RDA Andror GlaragB tolalg $485i000. Tho FY 3013{14
oroisieA ,Csollsl Eudoct lridudes ainroprlathns for lhe construo{on of the Colllrp Pa* Garage; ttr Bare
iiluieum Inrctpr Apirafn; lmpronimdnts toEuoild Averiue, OtyC.onter 0E arxl Llflcoln BEd l,/hetm
cotiiml[so anh tre proEoqBd cedtat Eudget and OIFrneeilngs of lha Financa'ard
CltyGier*'* OfrlcetosltlsflscTraeHnqi- -nl
_ r:teffiNoruzor rtsriptrmibdr *rRDn cadtd Bu&sr s0fisnr_fy. ,a^14.doo
(g MIAMIBEACH AoEr{ErrrEii I E--'"'ilGw
1084
l'
I
RESOLIffiON ilO. 6s$-20t1
A RESOLTMOH OT THE CHAIHPENSON AT{D iIE$BER8 OF THE IIIAiIII
BEACH REDEI|ELOPMEHT AeEl,lcYl ADOPTNG AND APPROPRIATIre
THE MIAMI EEACH REDET'EIOFIIIB'ITAGENGY CAPITAL BUreET FOR
FISCAL YEAR (rY} zf,IilT4 AND AOQPNNG IttE GAPITAT
lnpFovffiENT ptAH FoR 20t3r{4 THRoucH .7J,tz/t78.
Ilrl{EREA8, fnte1dtgll4-.2017!18CapltdlmprovementPlan{ClP) fortrg[trlamlBeach
BedeveloptnEttAbsncy(RDA) ieqfiyeyearplanforpuDlicifip-rovenents-inf,captalexpa.rdilurce
by the RD& and
WHEREAS, thn*dooumant ls an ofiiclalstatementof publlcpolicy regardirq long-range
phyelgql dernloprirant tn tre CE of Miami Beach; and
UVIIER.EA$T the Proposed Capltal Bu{gat for FY 2A$n4 ftemlzes proiec't funds to'be
committed during the upconing flscal year detalling expanees foqploJect oomponanh vlhloh lnilrde
archlted ard enginaer, corwlruction. €gulpment, Art ln Publlo Placei, and other proJect oostq snd.
WHEREAS, on Juiy.I0, 20i3 funding nesde for il,re ft z}lyl|,Propoged Capttai
B.udget end GIF {nre decusaed el a maatlng of tre Clty of Mhml Beach Flnance and Gityrida
PmJectscommlttee md the fundlng reoommendgllqnq are refleo{dl and
, . !,lIllEREAq th6 proposed RDA e#[el Budggt,for FY 2}1gtl4 totals ${7.$04,000,
lncludlng 167.000b Reneryvaland Roplawnent profac{si and
, .WHEFEAS, fte.pmpoeed Anchor Garaga Capltai Budget for FY 2013fi4 totale
l$466O00, lncludlng S220,000 ln Reneural and Replacenrent projects and
WllERE tS, a oopyof lhgpropoeed prdeote to bo appropriqted wilh hp Fy'?013/14
CapltalBu&etand.theClPforFY20l0/l4through?0-17l18 arepiovfded lnAtlaehm€ntWtwto,
NOTV, THEREF1ORE BE IT RESOLVED EY TIXE GHAIBFERSON AIID IJIEIIIBERS OF THE
IfiAUIIEEAQH BEDEVLOPIIIEHTAGENGY,thattheChEirpsreonand[rfenrbErshsrpbiadoptand
sppoprlple,_th-ltdsrnf Beaph'BqA'Capltal Budgetfor FYe013/14 and thB CIP for FY 2olgfl*
through 2017118.
PASSED AND ADOPIED THIS SOTTIDAYOF
lil,mr
SECRETARY
TrlAoEHDituottlsodqrutr rOnpe rytut pr4ir tcrd
1085
E MIAMIBEACH
Cl.ff ol tl-fifllf 8rcdr, 1790 Convcotioo Cinhr D1irp1 Miomi lrodu Florldo 33139- tyyr-v.mlorrlhqJrfi.gov
COMI\^J$SI ON MEIViORAN DUM
Qhqipefson lulatff Hanera Bower and
RedeudopmsntAgency
.Jlffirty L liqales; Execullvc tllrsctor
DAxEr $optemter'00,2CI19
SU0IGCI: A RESOLUTION OF THE
BEAGH REDEI,EL.,FIIENT AGENGY, ApOP. nils ANB AP. FRoFRIAIIHG TTIE
IIIAiII EEACH REDEI'ELOPIIIE$I]AGEUCY ENFTEL BUDGET F6R FIsCAL
YEAR (FN I ff{ { AND ADOF?IN6 THE CAPITAL IIiPROVEilIENT F[Afl FON
FY?0!S{14* 20t7l!,8
f; EFll{EIsArgU{ REg gilri.tEn p, atr oH
Adoplthe ierolrttqn
B+CKGROUqp
Pfannl4g for oapltal lrnnmrremEnb ls an ongolng procegs; aB fie€d6 change wlhin tte Cftfs
Redgvalopmstrt Ql$trid faDli}, capltal programs and prtorflies mgst btr adJueted. Ttra daEtal
,lmprovgmpnt Plan ('QlP1 betlles:aB ttie prlmary plannlng toolfor pyebmadqally ldenllfylng,
nrtorHflry,anl agslgnlng funds to orht€l Clty and RDA caplhi developmenti lmproromont6 arrd
assoclated needs.
Tlg IDA oaplUl [tpmucmont pian prqqegg:beo?n ih the epring yvt]En 6lt departmenh erE
asked Iopnopamcapltsllmprovemsnt upd-atee and requeots on thed-apartmenfs-ongolng and
propoE6{ capftd DrDjsce. ldlvldud departmenh prepare submittds ldenlifoing pate0lial
fundlhg $ourcqs ahd requeslfirg o6mmltnent of funds ior thEir 6rppc0vE proJecte. The
propoepd doqurnenlh rsyfe\.i,e{ Ey.Sre CIU Mansgpr, f,nd uironapprova!, iE submltled lg the
tlnsnog qnd CjtywtdePrp.leclp CornmffiEeand lho Glty CommissisnlRodevelopmentAgency
Eoqrd for fmal approvat aod adeptfrrn
The QtP rlas creatbd'qe a plan ,top pro.ladsthetF$rlrio sldnfifcant capht hvBebnent and tE
Inbnded to.s.srvo aeanofflolel slitertrentof puhltc pgflcy rsgar"dlnO iofrg+sqge physlqal
deuelopment in the Clfy of Mlaml Baach. Ttre Clp apec'rtie6 and A"eecrltesihe Cityi obUtrt
protegt plan.and eat$liehes prlorlties fortre upmnilng ffrrayea partod,
lndlvldual prujecisulflrin rmlghbo$ood arbae hbve bean oomblnedto creete'packag6s'of
prolede lhat address &e naighborhood nqgds for hfrastruclure upgradee, taffii flqv,
onhencfinenls, eE fhB COfnilphetrdve approadr mintmi-i+ Asrugbne and gdrsabs oost8
mvings. The ;projmts eddreee many,naeds h dlfferent areaa.of the Oity lnduding;
neighborhodd snfiArcerriinti quch a*'landscapirg, iidourdk restoralisn. traffie cafriln!,
llghfl1g, parklrg, umlarand seurreraysiem improvemants, drainage Fnprorrerhents and roadwiy
reilrf&lnEfeoonslrucfioft pefl( rsnovalion and upgradeq ahd conskudlon or ft]novetion of
publichcilftes
Miaml Beadr
AI{D IITEMEER$ OF THF IIIIAiIII
38
1086
dg Aniindsdwt Mdrtri}|ryf,d,tm
Eo{pl.t tbn Adqdhc rY 20t?lt1 @pttal Budget illry Zot\tt$ - 2a17/iE Ctp tut lhe frp.A$effiobsrfi,Za/B
'Pagr,2
IheAdm.lni*dtanirpree.ndngilr.eFrupps€CFy20iUl4capnatBudgdgndfteupd&dClp
turFY30!311{-2!1718" fqflowlng acomprehenslrerevtewbrma cptoineureh.althe pls{t
'aoorrratoly reflsstE all proibct budgile, fundtns *urc.r ana oo*mltmiinii, lbr;d;fr; by i{;
Gity Gommhsion.
ANALYS|6
Cepltat lmpi{iyament PIan,
The FY 201il14-2017118GIP forfte Oltyof Miami Beaoh:and the RDA le afrveyearptanfor
publhfrrrprovemer.rts end ctiplhl eryandiftnss by ths Clty and theRBA. Ttrle dodqmeht Is an
ofliclal sh$-.-qnent of pubJto pgllcy re,gardkrg loni*snge ptryeicat devalopment tn tre Cnvc
lllqq aeeqlt pn$ lhe"BPA" Te qppp.,qa cqpllat lmprovement pt6n hEB bean updar€i to
inelude proleo{strettrylll be actlve dtiring Fv Zdi 3114J,2fi1ill*.
llle Plan hac Qe4 qp{aEd to lnplude addlfibna! tundhg }ources hdt hava becorrra arafiabtq
SflgBi t1 nroiea fimlng, ard bthir a{iustmente to ongohg projects aE the)r have beoome
belter dafined. Certaln adjustmente have been made to rsneA projEds ttra have Oeen
roTnffggr.d, re-fifled comihEd wtth or oeparated fiorn othei pmFcts analor pdadg*rperili
Bnd are lhe resull of s eompr_ehenelw mview of the plogram to lnsure thatour plan accur*taly
rEfleott all prdeot budgetq fundtng strurcei ana coinriritnonte.
Avallable Capltol Fundlng
Bappd orn lh6ao{g oertffiadTdxabla v:tuo of the glty center RertevetoFjrrrentArea FDA),ptqpgryyshehaverlserrt;t%torFY.zofi ti4.tuetoflpdriUngcoste,$;nOAwrilse'drirti,
${{t$541230{,mnlion ]n anllabte tundlrp for snpitql proiegiq iri the Chy Oenter RDA.
Prop*ed RDA Gaplhl Budget
Shops Fund, Whldr lssepapb booausg lt lE notlnoPg Bnq P€lxlfE 9aregF Fund, Whldt ls sepapb booausg lt lE not part of tte T.ex lncrornent.lqndin$ oIlha.TDA haeproposed capltElprolqeis of $p40,000for piraeo ltofthe upgredetor:lWng orma.]$rr\ niEprEposed Gapltal proreote of $240,000for Phaeo llofthe qpgradqto
tho gtted Ph*ing reVenue eontiol syalem and $25,000 tdi a ssaEe etrudural en'olrreErino
*uoy. |I qtso hac FY 2pl.?.r14 mnqryal undrepHeeme[t n6ed$ 6iam $220,000 ard 6zo$,Ood$20S,000
fpr.capltal prc. Fats ln {h*.Anohor Oer6ge,
COHOLUSIOM
I"ttei4r-nln.Ehation recomtrnnds qdo.!ilhrr of thg affia?red Besotufipn, whidr estabtl$hs the
-Cl:tpBl-Egq4-tr-the RDfif67 FY201A/14 end the Oapftattmnrowmanr progrem torry201911q20t7fi0.
JLM/KfifiA$
ttAGEt\rDAl2ot3t8odaffior f,tr&OA grptal budbc-t mcmo tq_fi .doB
39
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40
1088
RESOLUTION NO 5e6'20t8
A RESOU'TION OFTHE CHAIRPER$ON ANDIfrEIITNCNSOT TITC
BuAlll BEAcH REDEITELopMEI{T Aq$tcY noopnNs ef.ln
AFPROFRhNNQ TUC.ry5ST AMENDMEIIT TO TTIE OPERATINC
euoaer roCrue cnv cENTER RmEvEtopuENT AREA, FoR
FTSCALYEAR 201:2IIg,
tilflEREAg, the:BItyCenter RedevelopmentAi,es SudgetforFiuoalYearZ0lz/t3
was adopted on $eplemreritr,a}t?vh Raeoluffon No.58&2012i and
WHEREAS, fhe proposed City Center Redevehpment Sraa Budg"t reflgots
antiolpabd constrqction pmJeot ooets tn addi$qntoopenaflng and deht servioe 6osh,for
theffsealyear; and
WHEREAS, Sre Redevetopment Agency adopted Resolution No, 59t6;2013 on Jrine'5, 2013, eetting :a puhlio hearinb tg consldei'thq first Bmehdment to the FY 201tA1,9
operating budget for the Clty Oenter Redevelopment Areat Fnd
,W{EREAS, tho Admlnishation reoornmende adopting and approprlating Ure Flrst
Amendment to the RDA Budgel to reflect inerease expehtitures rdattue to the Conventio4
GteiE;dn;imeni inl Efririston Fffiaana ieiiestate hxes assoclited wlttr S4o esd
S$eet wtrldr wlll,be offEetWth lncreaeed rpsort.tax rotpnugr as:wellgq fundp esQrowed for
the 2011 real setste taxesbrS40 23!d $traet,
Now, THEREFoRE, BE lr DULY RESOI-VED BY THE CHAIRFER8ON AND
|IIEMBER9 OF THE il[]AilIt BEACH REDB/ELOptrlft{f,A6ENOY, thstthe ghElrBenson
and Mernbers of the Mlaml Beactr Redeveiopment Agenoy hereby adqpt and approprlate
tlrs frrst amegrdmeil'tb tho opeating budget for the Clt[ Centet Redevelopment Ar9+ for
Fie0atYear 2F121'$,approprlafing an additional$528,720. , '
orighalAdopted Budget
Proposod Anenrlment
Propomd Arnended Budget
$6,n1000$ s6g,00o
$s7,340j000
.FA5SED AND ADOPTED .If{ DAY OF JULY,
AtrTEST:
It
41
$$!.H
- 'ttt\t'}
Date
1089
@ndms*roTBOprdng Budge! FsThe CW
entAgercy Adoding And
Redareloprnent Area, For
Ditr {S'qireJs,.Envlio.nmenhl 8ctrn. atc,}
2T,zoti;wtttlhq cdonthn of h.ieatsftoil fuo. Ea,s-loia, Tne-ltedEvabpmmtassrcfl adolFHResblq[m Ns' 696'
aOiS on J$E 5, 20!3, Betlng s put& treatrg b eonsldertha firs[amendmentto he FY 201U13 operatkg
hudget fior fire CX$ @iur nedevddpruoht AlEa.
Tfie.eriandlin6htt(lthdoper .trlrrg budgotftrCWGsflterneder/elopfl6ntArce lFbdhg donshudd'?ss.lnorse$d
ercensesattrbubdntrbAsro**NdgrS,ttai€ElcAdvbotyGroup(sAGlwhlchlsbranqmountnotbcxed
$ghl;Ug.ntnroush.,uhs2-014. ThsRadevol@-mentAgeriuybu4''0eted+2$0.000lnftsFY2olzltbtdgetasa
plaoehOo.oto.tunl.thtsasrcqrnentp$orh nessisAhg EnO edFovlrrs pham I ojsA9lpcpntrad Thercfore, an
iOtliional amount.of appro$maui, $75;0001s .requfrid lO frrnd tti-e Ematntrtg pailott of sIGla ggrg€mgnt
ruOtlonal laOat qerbei'ard afso aiilloiipdieU from o'uhldE csinbel to dnaft Ure dgttekiptnent.Agreomsnlgroud
leaaes, as wsllas oher rahBtl iohtrgdG teqUlred for tha Cdfirrenllon Gedbr Enhanusral't,end Ev.panelon
PmJeA
Impact $umfiarp ThE amendmcflt ie !0 ddr# lm*easod expenset rlfrldr wlll,be o$et wlth
t
I
t,
MIAMI BEACFI REDEVEToPMENT AGENCV ITEM SUMiT1ARY
,ir
42
1090
Gilf of mH 1q...6, [700 (htt snllon G$or Ddw, Mool Bcoch, Floddo 33 I 39, nrww,mhqlboldlfl.go
R E DEVf LOPMENT AGEN CY i/TEMORAN D UM
Io:. Chafperson End tUentbdrr.of ha Miqml
Ff,om: JilnmyL,Molalas, ExecutiveDiredor
DATE; July f f,ZqG
st.BJECt, A RESOLUTION OF THE
PUELIO HEARING
AND UEilIEENS OF TTIE TfiIAMI BEACH
REDET'ELOPTIENT ACENCY AEOFTING ANO APPROPRNNNG THE FIRST
AITENDUEI{T TO THE OPEREIruO BUDGET FOR TTIE GIIY CEiITER. REDEVELOPMEUTAREE, FOB FHAAL VTARgOTEIIS.
AbIiINISTRANON RECOIIIdIEIIDATION
rAdoptthe Reeoluffon.
KEY INTEN9EP OuTQo,trlE qUPPoBGp
Improv-e tre Cftfe tnanoiat fieelth and mdlntsln ovgrell bond ratlpg,
ANALYSIS
Thebudgethrthe Clty Center RedevelopmeniAraa (RDA) torfboal Year20lZ13was approved
on September 27'2072wllhthe idoption of Reeplution No, 5BB-2Q12.
' Oty Center Rederlelop.nenl Area rEvenue sourc,ee lnclude efiy and Gounly Tax lncranrent, Resort
Tax cdntibutlons; a 14 mlll lerty aet aslde for thE ehildren'e Trust pursuant tq an lnlo1locel
Agreemml, d6ted Argust 16, 2004 between lhe RDA,.the HV of Mlsmi Beach and hrllamf,Dade
,C6un{t afltl an e$knatq lnto.ieBt lne$rDs.
'Ctty Centef RedevdopmentArea.e.xpenSepltrdude oommur-dtypotid;rg ln_t{iqtlv6s ln CittrOenhrtr
rpntirue to prn.ide enhansed hvels of sqffing:End servlqgs throughoul thE ara, capltal projeqa
and malntenance of RDA capttal prgreds. Admlnlshellw Epanse comptislng e mgnagedrent fae
allooarted tq ths Gensal'Fgnd to pay br dkecf and Indtrect $aff support for the RDA; qperallng
€xpsn8eq'? eet aelde lor omgolng planntng and con6ulting qork relatEd to tro GonvE'ltbn Center
o:eFneton.mf,sbr phe; oapital pnarrval snd r-splacement,projecte undEr gl$g00.
The Clty Ganter RedevelopmentArea alsg amually qsqumas the comblnEd debt eprvlcri on lhs
200.5 $er{s$ Bonds and lhe Parlty Bq.nds amounh rar approximhtely $04 Mllllon annudly. Olty
Center also con0nuae assumlng debl seMce paymehts on lhe por0on of the Gulf.Ereae Loan used
to payfortha Eassirluseum expanslon anO rano.vaBon dndtrdportbn of theSundhlne StatB Loan
Fiogram usad forLinootn Road lmprovemanb,
tha Redetrehpment Agencry aOoirled Resolutlon No. 5g$2fi4 on Juna 5, 20{3, oeting a pdbllc
hearlng to oonslder the fiiet amendment b lhs FY Z01ZII3 operatlng budget for the City Centa
RadevalopmBnt Arce. The amendttl€nt to the operatlrig budget ftr Clty Center Radoveloprrent
43
1091
fud hncnercft b $a FY 20r2lls tipefifdg.BMget lor Ctty @nlx Redevelopmenl Ana
,hdy tt,UtS
Page 2ol2
Arpab..bdng donetoeddJosslnorpasederqenoeBrelafingbfieComffi{lcn,CenterErflrencement
and Expanehn Proie.ot whidr.u{ll be qtftet wilh lnqeassd resolt tax lpYelna.
lncreased expons€s ars etfi&ut€d tolhe agreemeotwllh SlrateglcAdvlsoryeioup,(SAG), whiph is
for ao gaount,nd to.oeeed $3241949.41 lhrough June 2014. The Redevelqprcnt Agency
budgelcd $2F0,900,in the:,FY NIAIA budgct ar a plreeholdelte fund firh agreement prlor to
negotlathrg ard ryprovlng phaaE ll of SAG'c qonfiBol ThEreforg gn ddltlonal a$ount gf
apprordruaHy $76,000 b reqrired toftrrd the remalning portion of SAGs Fgr6em9,!t. Addtlpngl
Iegal seMeas are elso ardidpafed ftom oEh[de qouneel b drafr the d0velopmEnt agreer-nent ground .
leaies, as uell as olher relaEd contre6 requlrsd for lhe convention0emter Enlunoement and
fxpanalimProjeet
The Redeveloprhent Agoncy also e,esrienod unanticipated expensm asspdated wlh th'c pflyt?tffit
of laal eetate taxes fpr tha prcperty located at,&40;238 Street the stte of the proposed Coillng Perk
Galale. Ag you.mey noatr; hts prop;rly'was purchased frorn ArrerloEn Rlvlora Real Estate
Oomparry (Amerlcan.Btvler4 for the dgtrdopment sf tfre Colllns Par* Garqge, As part of lhe
Furehaee ag_reemen[ wlth Amerhqn FlvlEra lha Glty enie-red lnto a Parklng Pormlt Agreement wlth
Arherican,Rivlera for lts oonUnued use of $e'qurface parklnglots al thls Jooatlon, Pursuant to
Sgdon B of thE Agreem6nl, AmerJcan Hiviera is lequlred to pay all real eetate taxes _that ara
Iinpoged soahr$t tho proputy. Hounver, real eEtate bXes rrtrer.e ngi pq[d for201 t arld 2012r whlch
requlred tha Redavelopment Agency to pay the taxes and proc66d to losud American Rlvlera a
Notlce of Termlnati,gn. Amerlcan Blvlera made a aettlErnent offer urhlch was te]Eoted, Tha Oty
Attorney's Office and Ore Adminlstrallon Gonfihue to negotlatlons for B set0amenl
Thaig experiges dre off-aat b!frrnds $24,104.4Q, whldr were e$crowed at dosing for 201'l prcporty
taxes fbrthe property located at &40 28rs StiaeL Addlfiohafly, Re$trtTsx ftevgrue h prbjec{edto
Fe $6,221,848.urhlchls $837,848 morethanthe budgeted amountof S4,684$00"These addltrbnal
revenues will be used to qarar lhe real aslata taxee for 340 23N Street and addltlonal alnsulllng dnd
leggl ocpgnga forthe Gonvenllon Oenl6r Ehhancsment and ExpanSlop ProJect.
Attgcfied asExtriblt"Niea sgmmaryof RDf b',rdgEtwhtctr reneoFttreoriginaladopted budgetand
&e propoged amended budget
cONGLUSION.#.
The Expg?rtive Dlreotcr leqqmmande adopting the ResoluUon
r,lun(Wnast
T:IAGSEA\201-3!IuU I?EOA Fist &nrndnont20l&Js l&rro"doc
M
1092
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Ctg Cu&r Brdadgpr.rrntArrr
FY a0!Ut{ Pr6uomd Of n.a[s! Errdg.t
h[m*unYei*z'lt **r* Fti$r,BFs+ 9{6lt.mirurit rilrdd.i l'r,Lnct
R&tUrr.Du Ol|lerFqln "r ot hmm
iIb( ttEr$rrs r cty l0 rq6si6e.?o
A4r,rhl.c lr HtrYaet l,Lrd]ti{B e)
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66rl @efixltun lsm nrm,t-foc lc*otltgo.t liisol
vxrm oif,dllnt Thrt-oqniftrhn 6t10*!rl09fa
k{lcidHnoarc c&400.t-$1lU
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.l'!CrBErD$!r,
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45
1093
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1094