Agenda 1-14-20151915.20i5
MIAMIBEACH
City Commission Meeting
City Hall, Commission Ghambers, 3rd Floor, 1700 Convention Center Drive
January 14,2015
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vrsrt us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
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the Office of the City Attorney.
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discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
Call to Order - 8:30 a.m.
lnspirational Message and Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Recess for lunch at approximately 12:00 p.m.
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We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
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Commission Agenda, January 14, 2015
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No.2O14-235-JR
For Police Station Building Firing Range Ventilation System Replacement.
(Capital lm provement Projects/Procurement)
C2B Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For
Background lnvestigation Services.
( H u man Resources/Fi relPolice/Procurement)
C2C Request For Approval To lssue An lnvitation To Negotiate (lTN) For Management And
Maintenance Services For The Affordable Residential Properties Owned Or Anticipated To Be
Acquired By The City.
( Housing & Community Services/Procurement)
C2D Request For Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
C2E Request For Approval To lssue An lnvitation To Negotiate (lTN) For Facilities Maintenance
Services For Property Management.
(Public Works/Procurement)
C4 - Gommission Gommittee Assignments
C4A Referral To The Finance And Citywide Projects Committee Regarding First Class Parking Valet
Parking Concession Agreement.
(Parking)
C4B Referral To The February 2, 2015 Finance And Citywide Projects Committee To Discuss
lmplementing A Contractor Prequalification Program ln An Effort To Expedite lnfrastructure
lmprovements.
(Requested by Commissioner Deede Weithorn)
C4C Referral To The Finance And Citywide Projects Committee - Changes To The Resort Tax Quality
Of Life Funding Allocations.
(Budget & Performance lmprovement)
2
Commission Agenda, January 1 4, 201 5
G4 - Commission Committee Assiqnments (Continued)
C4D Referral To Finance And Citywide Projects Committee - Vacation Of Liberty Avenue (Palm
Avenue) Between 22nd Street (Ocean Avenue) And 23'd Street (Atlantic Avenue).
(Capital lmprovement Pro1ects)
C4E Referral To The February 27, 2015 Neighborhood/Community Affairs Committee Meeting To
Discuss Conceptual ldeas Relating To Monument lsland.
(Parks & Recreation)
C4F Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The "Mind
Your Block" Program, An lnitiative To Encourage Residents And Businesses To Take Ownership
Of Their Specific Block, Which Would lnclude Among Other Things Trash, Dog Waste, Noise,
Suspicious Vehicles And Activity.
(Requested by Commissioner Michael Grieco)
C4G Referral To The Next Neighborhood/Community Affairs Meeting A Discussion To lnclude
Restrooms And Storage Building ln The First Phase Of The Altos Del Mar Park Plan.
(Requested by Vice-Mayor Joy Malakoff)
C4H Referral To The Planning Board - Proposed Amendments To Chapter 6, Chapter 114, And
Chapter 142 Of The City Code Modifying And Clarifying Definitions, Regulations And
Requirements For Alcoholic Beverage Establishments And Accessory Uses, And Modifying
Threshold Standards For Neighborhood lmpact Establishments.
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
C4l Referral To Land Use And Development Committee Regarding Charging Stations For Plug-ln
Vehicles.
(Requested by Commissioner Micky Steinberg)
C4J Referral To The Finance And Citywide Projects Committee - Discuss The Requirement For City
Contractors To Provide Equal Benefits For Domestic Partners.
(Requested by Commissioner Deede Weithorn)
3
Commission Agenda, January 1 4, 2015
C6A
C6 - Commission Committee Reports
Report Of The December 19, 2014 Neighborhood/Community Affairs Committee Meeting: 1)
Discussion Regarding Creating A Community Vegetable Garden Through Our Parks &
Recreation Program For Miami Beach Elderly ln Our Senior Centers; To lnclude Regular
Transportation To The Garden. 2) Discussion Regarding Revisions To The Beachfront
Concession Rules And Regulations. 3) Discussion Regarding The Purdy Boat Ramp. 4)
Discussion Regarding Long Term Problems That Need To Be Addressed At 17th Street And Alton
Road lntersection. 5) Discussion Regarding Stray Cats ln Miami Beach. 6) Discussion Regarding
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. 7) Discussion On The Beautification Of The Alton Road Flyover
Bridge At The Eastern End Of l-395. 8) Discussion Regarding Adding Pride/Rainbow Colors To
The Street Signs From 10th To 12th Streets On Washington/Collins/Ocean, As Per The
Recommendation Of The LGBT Business Enhancement Committee. 9) Discussion Regarding An
Update On The Plans For The Par 3 Park.
Report Of The December 12, 2014 Finance And Citywide Projects Committee Meeting. 1)
Discussion Regarding The Miami Beach Police Athletic League (PAL). 2) Discussion Regarding
The Loans-At-Work Program. 3) Discussion Regarding Creating A Property Assessed Clean
Energy (PACE) Program By Resolution And Joining The Existing lnterlocal Agreement Between
By Harbor lslands, Biscayne Park, And Surfside. 4) Discussion Regarding Parking Demand
AnalysisA//alker Parking Consultants. 5) Discussion Regarding The Management Agreement
With SP Plus Municipal Services, A Division Of Standard Parking Corporation, For Parking
Attendants, Specifically: (1) Not Exercising The City's Option To Renew The Agreement; (2)
Extending The Agreement On A Month-To-Month Basis; And (3) lssuing A New RFP For Parking
Attendants For The City's Parking Garages. 6) Discussion To Amend The Living Wage Ordinance
lnsurance Provision ln Light Of Obamacare. 7) Discussion To Waive Fees For The Dolphins
Cycling Challenge Event Taking Place ln Miami Beach On February 7th And 8th, 2015. 8)
Discussion Regarding The Live Nation Management Agreement For The Jackie Gleason Theater.
9) Discussion To Review Options To Reintegrate The Baptist Hospital Network Among Providers
Available To City Employees. 10) Discussion Regarding 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. 11) Discussion Asking The
Commission For $10,000 For 2015 Senior Group Programs To Reach Out To Senior Citizens
Throughout Miami Beach. 12) Discussion Regarding The Miami Beach Convention Center
Booking Policy. 13) Discussion Regarding Reevaluation Of City Of Miami Beach Tuition
Assistance Policy For City Of Miami Beach Employees. 14) Discussion Regarding The Possible
Addition Of PersonalWatercrafts To Our Police Department's Fleet.
C6B
4
Commission Agenda, January 1 4, 2015
C7 - Resolutions
C7A A Resolution Retroactively Approving And Authorizing The City Manager Or His Designee To
Take The Following Actions: 1) Submit A Grant Application For $825,000 To The Florida Division
Of Emergency Management For The Hazard Mitigation Grant Program For Emergency
Generators; 2) Submit A Grant Application To The Children's Trust Youth Enrichment Program ln
The Approximate Amount Of $500,000, For The City's Champs Program; And Further Authorizing
The City Manager Or His Designee To Take AII Necessary Steps And Execute All Necessary
Documents ln Connection With The Aforestated Grants And Funding Requests, lncluding,
Without Limitation, Applications, Grant And/Or Funding Agreements And Audits.
(Budget & Performance I mprovement)
C7B A Resolution Encouraging Businesses ln The City To Acquire And lnstall Automated External
Defibrillators (AEDs) And To Register Their AEDs With The Fire Department Of The City Of
Miami Beach.
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Fire & Office of the City Attorney)
C7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Approve The Continuation Of The BMG Money Loans-At-Work Program As A Benefit Of
Employment With The City Of Miami Beach.
(Human Resources)
C7D A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee To Amend The City's Tuition Assistance Program As Follows: Tuition Assistance
Shall Be Based On, But Not Exceed, The Established Credit Hour Tuition Rate ln The State's
University System At The Time Of Enrollment; Assistance Shall Be Based On A Sliding Scale
Directly Related To The Employee's Performance ln Approved Coursework From Accredited
lnstitutions Of Higher Learning With A Six Credit Hour Limit Per Semester; Assistance Shall Be
Limited To 80 Percent Of The Tuition Costs For Courses ln Which Employees Earn An "A," 60
Percent When They Earn A "B," And 40 Percent When They Earn A "C," Except Graduate
Courses For Which Assistance Requires Earning No Less Than A "8"; A Repayment
Requirement lf The Employee Separates From Employment By The City Within Two Years Of
Having Received Assistance, With An Exception For Employees Who Are Laid Off Or Die; And
Approving The Revised City Of Miami Beach Employee Tuition Assistance Program Set Forth ln
The Attached Exhibit A.
(Human Resources)
C7E A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 2 To Southern Underground lndustries, lnc., Dated January 14, 2015 (The Agreement);
Relating To The Citywide High Tide Mitigation Project (Project), lncreasing The Scope Of The
Project To lnclude Additional Engineering Services, Watermain lnstallation, Drainage Pipe
lnstallation, Check Valves For Existing Outfall, For Various Locations Requiring Protection From
Tidal Flooding; And Further lncreasing The Project Cost To lnclude The Additional Cost Of
$180,000, Plus A Project Contingency ln The Amount Of $30,000, For A Total Cost Of $210,000.
(Public Works)
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Commission Agenda, January 1 4, 2015
C7 - Resolutions (Continued)
C7F A Resolution Accepting The Recommendations Of The Finance And Citywide Projects
Committee; Approving And Authorizing The City Manager To Execute Amendment No. 1 To The
Lease Between The City And Mystery Park Arts Company, lnc. (SoBe Arts, Tenant), Dated
January 13, 2010, For The Demised Premises Located At 2100 Washington Avenue, Miami
Beach, Florida; Said Amendment Correcting A Scrivener's Error ln Tenants Name; And Providing
For The Renewal Of The Lease For An lnitial Seven (7) Month Renewal Period, Commencing
January 13, 2015 And Ending August 12, 2015, And Continuing Thereafter On A Month-To-
Month Basis Until Such Time As The Convention Center Renovation And Expansion Project
Begins Construction.
(Tourism, Culture & Economic Development)
C7G A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Waiving $15,495 ln Special Event Fees ForThe Dolphins Cycling Challenge EventTaking Place
ln Miami Beach On February 7th And 8th, 2015.
(Sponsored by Commissioner Deede Weithorn)
(Tourism, Culture & Economic Development)
C7H A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee Approving The 2015 List Of 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)
c7l A Resolution Retroactively Approving The Acceptance And Appropriation Of A Contribution From
The Ocean Drive Association ln An Amount Not To Exceed $30,000.00 ln Support Of The
Fireworks Show On The Beach And The Closure Of Ocean Drive From 5th To 15th Streets For
The 2014-2015 New Year's Celebration.
(Tourism, Culture & Economic Development)
C7J A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An lnterlocal
Agreement Between The City And Florida Atlantic University (FAU) For The Provision Of Traffic
Simulation Services Along State Road 112141"t Street To Determine The Feasibility Of
lmplementing Adaptive Traffic Signal Control Along This Corridor, For A Sum Not To Exceed
$97,642; Which Agreement ls SubjectTo Negotiation Between The CityAnd FAU; And Further
Subject To Legal Review And Form Approval Of The Final Negotiated Agreement By The City
Attorney's Office.
(Transportation)
C7K A Resolution Authorizing The City Manager To Exercise The Sole Renewal Option For A Term Of
Six (6) Months, Commencing January 31, 2015 And Ending July 31 , 2015, Pursuant To The
Agreement Between The City And Limousines Of South Florida, lnc., Dated January 31, 2014,
For The Maintenance And Operation Of A City Of Miami Beach Trolley System For Municipal
Circulator Services.
(Transportation)
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Commission Agenda, January 1 4, 2015
G7 - Resolutions (Continued)
C7L A Resolution Accepting The Recommendation Of The City Manager, To Approve The Work
Orders For The Monument lsland Lighting Pro1ect Utilizing The Competitively Bid National Joint
Powers Alliance (NJPA) Cooperative Contract For Construction Services With The Gordian
Group.
( Pu blic Works/Procu rement)
C7M A Resolution Authorizing The City Manager To Waive Work Hour Restrictions, Noise Restrictions,
Work Day Restrictions And/Or Other Necessary Actions Related To Flooding Mitigation Projects,
Such Waiver To Be Found ln The Best lnterest Of City Residents.
(Public Works)
(Memorandum to be Submitted in Supplemental)
End of Consent Aqenda
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Commission Agenda, January I 4, 2015
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To lssue An lnvitation To Negotiate (lTN) No. 2015-060-WG For Rooftop
And Other Facility Leases For Telecommunications Equipment.
( I nformation Tech nology/Procu rement)
(Memorandum to be Submitted in Supplemental)
R5 - Ordinances
RsA An Ordinance Amending Chapter 18 Of The City Code, Entitled "Businesses," By Creating Article
XVI Thereof, To Be Entitled "Nude Dance Establishments," To Provide Regulations Regarding
ldentification Requirements For All Workers And Performers ln Such Establishments; Providing
For Repealer; Severability; Codification; And An Effective Date. 10:05 a.m. Second Reading
Public Hearinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
(First Reading on December 17,2014 - R5M)
RsB An Ordinance Amending Chapter 82 Ot The Code Of The City Of Miami Beach, Entitled "Public
Prope(y," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending
Division 5 Thereof, Entitled "Sidewalk Cafes," By Amending Subdivision ll Thereof, Entitled
"Permit," By Amending Section 82-387 Thereof, Entitled "Prohibited "No Table" Zones," By
Correcting Scrivener's Errors ln Subsection (a) And Adding A New Subsection (b) Prohibiting
Sidewalk Caf6 Operations/Permittees Within The City's Right-Of-Way On Euclid Avenue Between
Lincoln Road And Lincoln Lane South; Providing For Repealer, Severability, Codification, And An
Effective Date. 10:10 a.m. Second Readinq Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Tourism, Culture & Economic Development)
(First Reading on December 17, 2014 - RsL)
RsC 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 70-70, 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 To lnclude Persons And Business
Entities Providing Rentals, Leases, And/Or Tours Of Other Motorized Means Of Transportation,
And Correcting Scrivener's Errors Therein; And Providing For Repealer, Severability,
cod if icatio n
.t;: fl [ITx'3ffi ;.
(Legislative Tracking: Transportation)
(First Reading on December 17, 2014 - RsN)
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Commission Agenda, January 1 4, 2015
R5 - Ordinances (Continued)
RsD An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 130, "Off-Street Parking," Article ll, "Districts; Requirements," section 130-32, "Off-Street
Parking Requirements For Parking District No. 1," To Establish Parking Requirements For The
"CCC Convention Center District;" And By Amending Chapter 142, "Zoning Districts And
Regulations," Article 2, "District Regulations," Division 7, "CCC Civic And Convention Center
District," Section 142-365, "Development Regulations And Area Requirements," To Modify And
lncrease Regulations For Height And Number Of Stories For Hotels Within The CCC District;
Providing For Repealer; Codification; Severability And An Effective Date. 10:20 a.m. Second
Readins
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on December 18,2014 SCM - RsA)
RsE 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. 10:25 a.m.
First Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(Continued from December 17,2014 - RsC)
R5F Nonconforming Buildings - Balconies
An Ordinance Amending The Code Of The City Of Miami Beach, Florida By Amending Chapter
'118, "Administrative And Review Procedures", Article lX, "Nonconformances," By Amending
Section 118-395, "Repair And/Or Rehabilitation Of Nonconforming Buildings And Uses," By
Modifying And Clarifying Allowable Additions To Non-Conforming Buildings; Providing For
Codification; Repealer; Severability; Applicability; And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
RsG An Ordinance Amending Subpart A - General Ordinances, Chapter 106 "Traffic And Vehicles", At
Article l, Division 1 Entitled "Generally", To Clarify That A Parking Enforcement Specialist May
lssue Code Compliance Violations Under Section 106-116 Through 106-126, With Enforcement
Through The Special Master; And At Article ll Entitled "Metered Parking; Creating Division 3
Entitled "- Construction Parking And Traffic Management Plan"; And Creating Sections 106-116
Through 106-130; Providing For Legislative lntent; Definitions; Creating A Requirement That All
Contractors Provide Traffic Plan To The Building And Parking Department(s) Prior To Obtaining A
Building Or Grading And Shoring Permit For All Projects Over A Certain Construction Threshold;
To Ensure That All Employees, Contractors, And Subcontractors Are Part Of A Traffic
Management And Parking Plan For Parking Of Vehicles; Providing For Penalties, Enforcement
Procedures And Appeals; Providing For Repealer; Severability; Codification; And An Effective
Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Parking)
9
R5t
Commission Agenda, January 1 4, 2015
R5H
R5 - Ordinances (Continued)
An Ordinance 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," To
Remove The "Arthur Godfrey Road" Co-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 Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Transportation & Office of the City Attorney)
An Ordinance Amending Chapter 46 Of The Code Of The City Of Miami Beach, Entitled
"Environment," By Amending Article lll, Entitled "Litter," By Amending Division 1, Entitled
"Generally," By Amending Section 46-92 Thereof, Entitled "Litter; Definitions; Prohibitions On
Litter; Penalties For Litter And Commercial Handbill Violations; Commercial Handbill Regulations,
Fines, And Rebuttable Presumptions; Seizure And Removal Of Litter By The City; Enforcement;
Appeals; Liens" To Amend Subsection (a) To Define The Terms "Polystyrene" And "Expanded
Polystyrene" And To Amend Subsection (c) To Prohibit Any Person From Carrying Any Expanded
Polystyrene Product Onto Any City Marina, Pier, Dock, Or Boat Ramp; Amending Chapter 82 Ot
The Code Of The City Of Miami Beach, Entitled "Public Property," By Amending Article l, Entitled
"ln General," By Amending Section 82-7 Thereof, Entitled "Prohibitions Regarding Sale Or Use Of
Expanded Polystyrene Food Service Articles By City Contractors And Special Event Permittees,"
To Define The Term "Polystyrene" And To Amend The Definition Of "City Facility" To lnclude City
Marinas, Piers, Docks, And Boat Ramps And To Amend The Definitions Of "City Facility" And
"City Property" To lnclude Property Leased To The City And Clarifying The Effective Date Of
Section 82-7; Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By Amending
Division 5, Entitled "Sidewalk Cafes," By Amending Subdivision l, Entitled "Generally," By
Amending Section 82-366 Thereof, Entitled "Definitions," To Define The Terms "Polystyrene,"
"Expanded Polystyrene," And "Expanded Polystyrene Food Service Articles"; And Providing For
Repealer, Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney/Environmental)
R7 - Resolutions
R7A A Resolution Adopting The Second Amendment To The Capital Budget For Fiscal Year 2014115.
10:01 a.m. Public Hearins
(Budget & Performance lmprovement)
R7B A Resolution Rescinding Resolution #2003-25266 And Adopting A Resolution Confirming The
City's Policy To Use Reasonable Conference Or Government Room Rates For Lodging And The
Runzheimer Meal And Lodging Cost lndex For Per Diem Meals And Other Travel Expenses For
City Employees; And For City Consultants The U.S. General Services Administration (GSA)
Rates For Lodging And The Runzheimer Meal And Lodging Cost lndex For All Other Travel
Expenses; And For All Mileage Reimbursement, The IRS Mileage Rate.
(Budget & Performance I mprovement)
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10
Commission Agenda, January 1 4, 2015
R7 - Resolutions (Continued)
R7C A Resolution Accepting The Recommendation Of The City Manager To Purchase Additional
Conducted Electronic Weapons And Other Accessories (The "Equipment") From Taser
International, Inc. ln The Total Amount Of $519,230, Previously Approved As A Sole Source
Purchase Pursuant To Resolution 2014-28726, And Authorizing The City Administration To
Negotiate An Agreement With Taser International, lnc. For The Purchase Of The Equipment; And
Further Authorizing The City Manager To Execute That Agreement With Taser lnternational
Which Shall Defer Payment Of The Equipment Over A 5 Year Period, Upon Conclusion Of
Successful Negotiations.
(Police)
R7D A Resolution Approving A Desired Minimum Elevation For The Crown Of Roads ln The City By
To Be One Foot Higher Than The Elevation Established By The Mayor And City Commission, For
The High Tide Boundary Condition, To Allow For Proper Drainage Within The City And Protection
From Tidal Flooding.
(Public Works)
R7E A Resolution Approving A Settlement ln The Amount Of $2,760,000.00, ln Substantial Form As
Proposed ln Attached Exhibit 1; For Payment Of The Fee ln Lieu Of Parking Required Under
Section 130-131, Of The City Code, Which Fee ls Paid Due To A Parking DeficiencyAssociated
With The Development Of The New Project On The Property Owned By Centurian Collins
Avenue, LLC, A Delaware Limited Liability Company (Hereinafter "Centurian"), Located At 2360
Collins Avenue, Miami Beach, Florida, Which Project ls Commonly Known As The "Aloft" (The
"Project") Under Building Permit Number: BREV131038418-422; And Further Authorizing The
City Manager To Take Such Action And Execute Any And All Necessary Documents To
Complete The Settlement.
(Office of the City Attorney)
(Memorandum to be Submitted in Supplemental)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
RgAl Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
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11
Commission Agenda, January 1 4, 2015
R9 - New Business and Commission Requests (Continued)
RgD Report From The Personnel Board Regarding Changes To The Personnel Rules For The
Classified Service Adopted December 12,2014.
(Human Resources)
RgE Discussion Regarding Base Flood And Freeboard Requirements For The Collins Park Parking
Garage.
(Office of the City Manager)
RgF Discussion Regarding lssuing An RFP For Parking Attendants For The City's Parking Garages
With The Term Agreement Commencing On August 16,2015, The Day Following The Expiration
Of The City's Agreement With SP Plus Municipal Services (Contract No.: RFP -17-10111).
(Requested by Commissioner Jonah Wolfson)
(Deferred from December 17, 2014 - RgO)
RgG Discussion Regarding Architecturally Significant Buildings ln North Beach.
(Requested by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
RgH Discuss Atlantic Broadband Cable Vulnerabilities And Solutions.
(Requested by Mayor Philip Levine)
Rgl An Update Discussion Regarding The Former Administration's Failure To Collect Parking lmpact
Fees; As Well As New Policies And Procedures For Future Revenue Collection.
(Requested by Commissioner Edward L. Tobin)
RgJ Discussion Regarding Annual Report Card For Commercial Vehicles.
(Requested by Commissioner Michael Grieco)
RgK Discussion Regarding Valet Parking Enforcement.
(Requested by Commissioner Michael Grieco)
RgL Discussion Regarding The City Of Miami Beach Holiday Decorations Or Lack Thereof During The
2014 Holiday Season.
(Requested by Commissioner Michael Grieco)
RgM Discussion Regarding The City Of Miami Watson lsland Project And The Ability To Mitigate lts
Effect On The Beach.
(Requested by Commissioner Michael Grieco)
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12
Commission Agenda, January 1 4, 2015
R9 - New Business and Commission Requests (Continued)
RgN Discussion Regarding The lmplementation Of An Exclusive Pedestrian Phase For All
lntersections Along 41't Street That Would Extend Sundown Friday To Sundown Saturday.
(Requested by Commissioner Michael Grieco)
RgO Discussion Regarding Motorcycle/Scooter Parking ln Conventional Parking Spots.
(Requested by Commissioner Micky Steinberg)
RgP Discussion To Waive The Square Footage Fees For The Miami Beach Foodie Fest Event On
February 22,2015 ln North Beach, For A Total $9,429.27 (lncluding Tax).
(Requested by Commissioner Micky Steinberg)
Rl0 - Gitv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 010-2015)
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.
(Office of the City Clerk)
End of Reqular Aqenda
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14
15
CITY CLERK’S OFFICE LOBBYIST LIST
January 14, 2015 City Commission Meeting
Lobbyist’s Name Retained by Principal Date
Registered
Amount Disclosed
Approve (ITN) No. 2015-060-WG for Telecommunications Equipment
Brian Moore Bell South Telecommunication, LLC 10/01/2014 Salaried Employee
Clifford Schulman Crown Castle NG East LLC 09/17/2014 $400 per hour
Refer to NCAC First Phase of the Altos del Mar Park Plan
Alexander Tachmes General Real Estate Corporation 12/09/2002 $4,250 Flat Fee
Amend Reso No. 28060, Easement from Bernard Baumel (Trust), 1700 West 25th Street.
Diana Mendez Paul E. Dermit / Parsons Brinkerhoff 04/02/2014 No Additional
Compensation
Discussion Regarding Architecturally Significant Buildings in North Beach
Daniel Ciraldo MDPL 08/27/2013 Not For Profit
Discuss Holiday Decorations During 2014 Holiday Season.
Jose Felix Diaz Miami Christmas Lights 06/23/2014 $320 per hour
16
c2
GOMPETITIVE BID REPORTS
17
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
(lTB) NO. 2014-235-JR FOR THE POLTCE STATTON BUtLDtNG FIRtNG RANGE VENTILATTON
SYSTEM REPLACEMENT.
Build and Maintain Priority lnfrastructure with Full Accountabilitv.
Su Data Environmental Scan, etc: N/A
Item Summarv/Recommendation :
The project consists of the replacement of the ventilation system in the shooting range of the
Police Station building located on 1 100 Washington Avenue.
The project includes all the mechanical, electrical and structural elements required for the new
system to operate as designed, and must include all labor, machinery, tools and means of
transportation, supplies, equipment, materials, permits, licenses, insurance, services and
incidentals necessary for the fabrication and full completion of work. The ventilation system must
be tested and balanced and a Test & Balance Report produced for review as part of close-out
documents for this prolect.
To seek a qualified contractor to complete the desired scope, ITB 2014-235-JR was issued on
October 28,2014. Notices were sent to eight hundred eighty two (882) contractors, with sixty four
(64) prospective bidders downloading the solicitation. The ITB resulted in the receipt of two (2)
responses on December 15, 2014: from Cast Development, LLC and Stellar Construction
Management, LLC. The bid tabulation is attached (Appendix A). Cast Development, LLC. has
been deemed the lowest responsive and responsible bidder meeting all terms, conditions, and
specifications of the lTB.
The City Manager has considered the bids received, pursuant to ITB 2014-235-JR, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the
award of a contract to Cast Development, LLC, the lowest responsive, responsible bidder to the
ITB; and further, authorize the Mayor and City Clerk to execute the contract.
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 2014-235-JR, for the Police Station Building Firing Range Ventilation System Replacement.
Financial lnformation :
Amount Account
1 $ 40s,758.00 1 25-6873-000676
2 $ 37,143.80 Subject to approval of 2"o Capital budget amendment FY
2014t15
Total $ 442,901.80
Financial lmpact Summary:
2014-235-JR Police Firing Range Ventilation System -
AGEFItr& ITEM CA AM'AMI3EACH DATE I- /V-,S18
MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch. Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
January 14,2015
REQUEST FOR APPROVAL
TNVTTATTON TO BrD (rTB) NO.
FIRING RANGE VENTILATION SYSTEM REPLACEMENT.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure with Full Accountability
FUNDING
subject to approval of 2"d capital budget
amendmenlFY 2014115
Total Bid Amount:$ 442,901.80
BACKGROUND INFORMATION
The project consists of the replacement of the ventilation system in the shooting range of the
Police Station building located on 1 100 Washington Avenue.
The project includes all the mechanical, electrical and structural elements required for the
new system to operate as designed, and must include all labor, machinery, tools and means
of transportation, supplies, equipment, materials, permits, licenses, insurance, services and
incidentals necessary for the fabrication and full completion of work. The ventilation system
must be tested and balanced and a Test & Balance Report produced for review as part of
close-out documents for this project.
ITB PROCESS
ITB No. 2014-235-JR, was issued on October 28, 2014, with a bid opening date of
December 15,2014. Two (2) addenda were issued. The Procurement Department issued
bid notices to eight hundred eighty two (882) companies utilizing www.publipurchase.com
website. Sixty four (64) prospective bidders accessed the advertised solicitation. The
notices resulted in the receipt of two (2) responses from Cast Development, LLC and Stellar
Construction Management, LLC. See tabulation sheet (Appendix A).
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award. Veteran Status was
considered during the tabulation of the bids received. Veteran status was applicable to Cast
Development, LLC.
ln its due diligence, the Procurement Department verified the following:
TO:
FROM:
DATE:
SUBJECT:
City
AWARD A CONTRACT PURSUANT TO
235.JR FOR POLICE STATION BUILDING
The funding for this project is as follows:
125-6873-000676 Amount $ 405,758.00
125-6873-000676 Amount $ 37.143.80,
19
Commission Memorandum
ITB 2014-235-JR Police Station Building Firing Range Ventilation Sysfem Renovation
January 14, 201 5
? a; e l2
1. Licensing Requirements: Bidders shall be State certified and licensed General
Contractors to be considered for award and submit evidence of licensing with their
bid.
Cast Development, LLC. is a State certified as a General Contractor. State
license number is: CGC057776 and expires on August 31,2016.
2. Previous Experience: Bidders shall submit at least five (5) individual references
exemplifying their experience in projects similar in scope and volume involving
commercial HVACA/entilation Svstems. References must be projects
completed or in progress within the last five (5) years.
Cast Development, LLC. submitted three (3) individual references which
demonstrate 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
prolect. The City reserves the right to require performance and payment bonds from
the successful bidder. Bidders shall submit a Letter from an A-rated Financia!
Class V Surety Company, indicating the company's bonding capacity, in the
amount not less than one hundred percent of the tota! base bid amount.
Cast Development, LLC, bid response was accompanied by a Bid Bond from
Endurance Reinsurance Corporation of America, dated December 2,2014.The
Bid Bond has been issued for five (5%) percent of Cast Development, LLC of the
Total Bid Amount. Their Surety is Endurance Reinsurance Corporation of
America. Endurance Reinsurance Corporation of America will provide the
necessary Performance and Payment Bond in the amount of $442,901.80 for
Cast Development, LLC, for the project known as Police Station Building Firing
Range Ventilation System Replacement.
4. Financial Stability 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.
Cast Development, LLC 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 they have a Supplier Evaluation Risk (SER) rating of 8 out of 9.
The lower the score, the lower the risk.
Accordingly, Cast Development, LLC, has been deemed the lowest responsive and
responsible bidde(s) meeting all terms, conditions, and specifications of the lTB.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB 2014-235-JR, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Cast Development, LLC, the lowest responsive,
responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the
contract.
20
Commission Memorandum
lTB2014-235-JR Police Station Building Firing RangeVentilation System Renovation
January 14, 201 5
? *; e l3
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 2014-235-JR, for the Police Station Building Firing Range Ventilation
System Replacement.
JLM/MT/DM/AD
T:\AGENDA\201S\January\PROCUREMENT\llB-2014-235-JR Police Firing Range Ventilation System - Memo.doc
21
ITB 2014-235-JR
POLICE STATION BUILDING FIRING RANGE VENTILATION SYSTEM
REPLACEMENT
TABULATION SHEET
Appendix A
BID DUE DATE:December t5,2OL4
BID DUE TIME:3:00 PM
BID OPENED BY:JOE V. RODRIGUEZ
WITNESSED BY:STEPHANIE AGUAS
CONTRACTOR BID AMOUNT VERIFIED
Cast Development, LLC 5442,9O1.8O Yes
Stellar Construction Management, LLC 5527,372.20 Yes
rTB 2014-235-JR Verified Tab Page 1
22
THIS PAGE INTENTIONALLY LEFT BLANK
23
COMMISSION ITEM SUIvIMARY
Condensed Tltle:
REQUEST FOR APPROVAL TO
NO. 201 s{€,I.LR FOR BACKGROUND I NVESTIGATION SE RVICES.
llepartment wllh ths aselsbnce of Ure Pollce Departnent orrrenty mMucts
baclqgruJnd lnveflgaflon sorvlces for all Clty emplopes lncludlng contractor personnel, where
spplicabb.
The purpose of this Reguest for Proposal (RFP) le to sollclt poposals frorn experlenced and
qualifled provlden to conduct pre-employment background lnvestlgatlon seMcas frr the foltowlng
groups: Pollce Department (swom, non-swom), Pr.6llc Safety Comrnunlcatlons Unit, FlrE
Oepartment, general employees and contrac'tor personnel on thoee appllcable Ctty contracts.
Ssrrlcee lnclude reporflng for q'lminal hislories, ldontity vertflcatlons, employment and educaUonal
rrerlflcailons, clttsenshlp velflcatbn, rnotor vehld€ records, aedit reporting, character references
and any other servlces as outfined ln tre scope of work.
CITY MAIIIAGER'S RECOMMENDANON
To ee€k proposrils hom interestod part68, the Admlnlstatlon recommande that the Mayor and CB
Commlssion of the Clty of Mlami Beach, Florlda auftorlze the issuance of RFP 2015{61-LR for
Alex Denls, DirectorExt #6641
TMCEtDAUoIo\rarusry l4Pmcur€rn€n(RFP-2014-001.LRBad(grqud lmestggtw Eorrtoo -
Agenda ttem -48--Date *l&:E
E MHMIBEACH
24
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offthe City Co
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: REQUEST FOR APPROVAL TO AIITHORIZE THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) FOR BACKGROUND |NVESTIGATION SERV|CES.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
The City's Human Resources Department with the assistance of the Police Department currently
conducts background investigation services for all City employees and contractor personnel,
where applicable.
The purpose of this Request for Proposal (RFP) is to solicit proposals from experienced and
qualified providers to conduct pre-employment background investigation services for the
following groups: Police Department (sworn, non-sworn), Public Safety Communications Unit,
Fire Department, general employees and contractor personnel on those applicable City
contracts.
SCOPE OF SERVICES
Services include reporting for criminal histories, identity verifications, employment and
educational verifications, citizenship verification, motor vehicle records, credit reporting, character
references and any other services as outlined in the scope of work.
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-061-LR for
Background lnvestigation Services (attached).
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-061-LR for
Background lnvestigation Services (attached).
. CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-061-LR for
Background lnvestigation Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the
RFP 2015-061-LR for Background lnvestigation Services.
ATTACHMENTS
RFP 2015-061-LR for Background lnvestigation Services.
JLM / MT / KGB / STC / DO / CT / VF / AD
T:\AGENDA\2015Uanuary 14\Procurement\RFP lssuance Background lnvestigation Services - MEMO.doc
25
REQUEST FOR PROPOSALS (RFP)
BACKGROUND INVESTIGATION SERVICES
RFP NO.20t5-061-LR
RFP ISSUANCE DATE: JANUARY 15, 2015
PROPOSALS DUE: FEBRUARY 11, 2015 @ 3:00 PM
ISSUED BY: LOURDES RODRIGUEZ
a.-".-.
lL i," ,''.' . r-1
TOURDES RODRIGUEZ, SENIOR PROCUREMENT SPECIATIST
PROC U REMENT DEPARTMENT
17OO Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33.l 39
305.673.7000 x 6652 | Fox: 786.394.4075 | www.miomibeochfl.gov
26
&
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTrLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ... ... .10
0400 PRoPoSAL EVALUATTON ....... ............12
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
RFP 201 5-061-LR
27
.D i\,liAlu^,i BEACH
SECTION ()2()(}INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposalsubmitted.
2. PURPOSE. The City of Miami Beach is contracting the professional services of an experienced and qualified firm
to conduct pre-employment background investigation services for the following groups: Sworn, Non-Sworn, Public
Safety Communications Unit, Fire Department, General Employees and Contracted Personnel.
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
Lourdes Rodriguez
Telephone:
305.673.7000 x 6652
Email:
lourdesrod rio uez@miamibeachfl .qov
RFP lssued January 15,2016
Pre-Proposal Meeting January 22,2014
Deadline for Receipt of Questions February 1,2015
Responses Due February 11,2015 @3p.m.
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
April2015
Contract Negotiations Following Commission Approval
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
RFP 201 5 061 tR
28
g 't''\iA'noliiBEACH
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hal! - 4th 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
RFP expressing their intent to participate via telephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through 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://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http://web. miamibeachfl.qov/orocuremenUscroll.aspx?id=2351 0
. CONE OF SILENCE. .
o PROTEST PROCEDURES.,,.,...............,.,...,............. DEBARMENT PROCEEDINGS. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES....
o CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
tssuES..........
o REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS.....,
CITY CODE SECTION 2486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2.397 THROUGH 2.485.3
CITY CODE SECTIONS 2481 THROUGH 2.406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2.373
CITY CODE SECTIONS 2407 THROUGH24lOo LIVING WAGE REQUIREMENT
RI-P 20 I5.06 I.LR
29
. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374. FALSE CLAltvlS ORDINANCE . CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES . . CITY CODE SECTION 2449
9. POSTPONEMENT 0F DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuantto Cityof Miami Beach Ordinance N0.2011-
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,
12. DETERMINATION 0F AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, 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 proposals, The City Manage/s
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and 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, relect the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award, Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty ('120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
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.
RFP 20 I5-06 I LR
30
ID ,'/ilA,'r'^'IBEACH
15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Propose/s risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
20. 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,
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws, The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
Rt-P 20 t5-06 t-LR
31
b ,Av'ilAi"^,r BEACH
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.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City,
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenrrrise 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.
26. 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.
27. 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.
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
RFP 201 5-06 t-LR
32
tb ,ru'1iAr,i' BEACH
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, seryants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the '120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section '119.07(1), Florida Statutes, and s,24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 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 contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements, All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATION/WITHDRAWALS 0F PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
Rf-P 2O I 5.06I.LR
33
b I'u,\ lAi^,,/' BEAC H
35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Paqe lntentionallv Left Blank
RFP 201 5-061-LR 9
34
g ,1.;ilAM,iBEACH
SECTION ()3()() PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1)electronic format (CD or USB format) are to be submitted and delivered to City of Miami
Beach, Procurement Department,'1700 Convention Center Drive,3rd Floor, Miami Beach, Florida 33139. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, Proposer name, Proposer return address. Proposals received
electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or othenruise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ions requirements established in Appendix C, Minimum Requirements and Specificati
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: pro.yect description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications, A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as oossible in the solicitation For assistance with of the SQR submittal
RFP 20I506] LR t0
35
ID
-^,rllAA,r,rl B[ACH
Cost
Submit a completed Cost Form E
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
contact Dun & Bradstreet at800-424-2495.
of Services
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a fully review and score the proposed scope of services.
h and
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline,
for assurino oroiect is imolemented on time and within
RFP 2015-061-LR tl
36
sEcTroN 0400
lE ,lr;,,iA,,^v\l BEACH:
PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee, The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:. review and score all proposals received, with or without conducting interview sessions; oro review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows,
Cost Proposal
30
20
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Samole Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100 / $100 X20 = 20 20
Vendor B $150.00 20 $100/$150X20=13 13
Vendor C $200.00 20 $100 / $200 X 20 = 10 10
RFP 201 5-061 -LR 12
37
g l/iiAA,,\IBEACH
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and2 scores will be converted to rankings in accordance with the example below:
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Commiftee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 10'1 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Pnints 22 15 12
Total 102 89 78
Rank 2 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.P 20 I5.06 I LR t3
38
APPENDIX A
g^^AMIBEACH
Proposo Certificotion,
auestionnoire &
Req uirements Affidovit
RFP 2015-061 -LR
BACKGROU N D I NVESTIGATION
SERVICES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
39
Solicitation No:
20 1 5-061 -LR
u0llcrlalr0n lrfle:
Backoround lnvestioatlon Services
Procurement Contact:
Lourdes Rodriouez
Tel:
305-673.7000 x 6652
Email:
lourdesrodriouez@miamibeachfl .oov
PROPOSAL CERIIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation.
FIRM NAME:
No of Years in Business:No of Years in Business Locally: I No. of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIR[/ PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
IULL FKtsE NU.:
FAX NO.:
FII"(M LUUAL AUUI(tsSS:
CITY:
STATE:ZIP CODE:
PKIMAI(Y AUUUUN I I.{EI'KESEN IA I IVE FUI( I I1I5 ENGAGEMEN I :
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
AUL;UUN I I(EP EMAIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
Miami Beach
RFP 2015-06'l-LR
AppendixA-Page 1
40
2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
YES [__--] r'ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debaned, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?f--l vrs [-__l trto
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shallbe subject to any and allsanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its
proposalhesponse 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.
5.
Miami Beach
RFP 2015-061-LR
AppendixA-Page2
41
o
Living Wage. 0n September 30,2014, the Mayor and city Commission adopted Ordinance 2014-3897 amending Section 2-408 of
Division 6, Article Vl, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to $13.31 an hour without
health benefits or $1 1.62 an hour with health benefits of at least $'1.69 an hour with an effective date of January 1 ,2015.
Failure to comply with this provision shall be deemed a material breach under this lTN, 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 on the Living wage requirements you may
contact the City's Contract 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 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
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 r.ro
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
[--_l ves [__--] r'ro
C. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
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 Manager's decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the conskuction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
Miami Beach
RFP 2015-061-LR
AppendixA-Page3
42
10
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Conllrm
Receiol
lnitial to Confirm
Receint
lnitial to Confirm
Receint
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
Miami Beach
RFP 2015-061-LR
AppendixA-Page4
43
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
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. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
Ihe City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to conection of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be 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 Governmentin-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submifted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final 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 respectthereto, such liability shallbe limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
RFP 2015{61-LR
AppendixA-Page5
44
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposels Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authonzed Representative:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of
of
) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
Miami Beach
RFP 2015-061-LR
AppendixA-Page6
45
APPENDIX B
g MIAAAIBEACH
"No Bid" Form
RFP
Bockground
2015-06 r -LR
lnvestigotion Services
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
46
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ 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
PROCU REMENT DEPARTMENT
ATTN: Lourdes Rodriguez
PROPOSAL#2015-061-LR
1700 Convention Center Drive, 3'd Floor
Miami Beach, FL 33139
Miami Beach
RFP 2015-061-LR
AppendixB-Page1
47
APPENDIX C
MIAMIBTACH
Minimum Requirements
& Specificotions
RFP
Bockground
2015-06 r -LR
I nvestigotion Services
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
48
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below. Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.
A. Successful proposer shall have been in the business of providing pre-employment
background investigations for a minimum of three (3) years to perform services as
described in this RFP by submitting a copy of their Business Tax Receipt.
B. Shall be licensed in the State of Florida as a Class "A" Private lnvestigative Agency,
C. Successful proposer's investigators shall be licensed in the State of Florida as a "Class
C" Private lnvestigator, Proof of licensing must be submitted with proposal or within
three (3) business days of request by the City.
D. Successful proposer shall be located within the tri-county area, Miami-Dade, Broward or
Palm Beach counties.
C2. Statement of Work Required.
The City of Miami Beach is contracting the professional services of an experienced and qualified
firm to conduct pre-employment background investigation services for the Human Resources
Department for the following groups: Sworn, Non-Sworn, Public Safety Communications Unit, Fire
Department, General Employees and Contracted Personnel,
C3. General Specifications
. The contractor's corporate officers and its investigators must successfully complete a
Miami Beach Police Department (MBPD) background investigation prior to work
commencing,. The contractor must abide by all Federal and Florida statutes concerning pre-employment
background investigations. The contractor must also abide by the Florida Department of
Law Enforcement (FDLE) Background lnvestigation Procedures when conducting pre-
employment background investigations for the Police Department.. When conducting pre-employment backgrounds for the Fire Department, the contractor
shall ensure applicants meet the minimum requirements and qualifications established in
Florida Statute Chapter 633 and the Division of State Fire Marshal (FM) Administrative
Rule 694-37.. The contractor shall submit a complete a Background lnvestigation Report as per the
specifications. Any additions or deletions to a previously submitted report will require a
completely new report (not just an addendum to the original).. The contractor shall conduct any postreport follow up investigations as directed by the
City of Miami Beach.
Miami Beach
rTB 2015{61-LR
AppendixC-Page'1
49
. Only City of Miami Beach approved/authorized forms are to be used by the contractor
when conducting pre-employment background investigations. The unauthorized use of
forms with the logo, badge, or any other identifiable City of Miami Beach symbol shall
result in contract termination.o Pre-employment background investigations shall be completed within three weeks of
commencement.o Any City of Miami Beach property as described herein issued to contractor and
investigators is only to be used for conducting City of Miami Beach pre-employment
backgrounds. Violations of this policy shall result in contract termination.o All City of Miami Beach property issued to contractor and investigators is the sole property
of the City of Miami Beach. All property, to include but not be limited to, identification
cards and parking permits, must be returned within five working days of the contract's
termination date or within five working days of an investigator leaving the employment of
the contractor.o lt will be the responsibility of the contractor to collect any City of Miami Beach property
from any investigator leaving the contractor's employment and returning it to the City,. lt will be the responsibility of the contractor to report in writing to the City of Miami Beach
the departure or termination of any investigator working for the contractor and assigned to
work on City of Miami Beach pre-employment background investigations. The document
must state the reason for departure or termination and if any improprieties were committed
by the investigator.o lf the contractor or any of its investigators conducting City of Miami Beach pre-employment
background investigations becomes the subject of any FDLE or other law enforcement
agency investigation, it must be reported, in writing, to the City of Miami Beach Manager
within three working days.. All documents obtained during the course of the pre-employment background investigation
must be turned in with the final background report.. The contractor shall not incur any travel expenses in the course of conducting a pre-
employment background investigation without prior written approval.o The contractor shall submit one final invoice per pre-employment background investigation
completed detailing hours worked.
POLICE DEPARTMENT
Classification l: Sworn Personnel
General - the investigator shall:. lnterview and review the employment application and Personal History Questionnaire with
the applicant,. Conduct said interview prior to commencement of any other activity associated with the
pre-employment background investigation.o Contact applicant as needed during the pre-employment background investigation.o Have the applicant execute all authorizations and/or waivers necessary to facilitate the
collection of information.
Miami Beach
tTB 2015{61-LR
AppendixC-Page2
50
lnitial pre-employment background report - the investigator shall:. Conduct a comprehensive computerized search utilizing TransUnion TLOxp, Westlaw's
Clear, LexisNexis or other similar databases.. Use the computerized report to confirm information provided by applicant in the Personal
History Questionnaire and initial interview; to include social security number, date of birth,
employment history, residential history, driver history; and other information.. ldentify discrepancies, conflicting information between information on the Personal History
Questionnaire and the report,. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Minimum age verification - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Personally observe and note date of birth on original documents to include birth certificate,
drive/s license, or naturalization certificate and place copies in investigative file.
Citizenship verification - the investigator shall review information provided by the applicant on the
Personal History Questionnaire.o lf born in the United States:
1. Personally observe original birth certificate, place a copy in the investigative file.
2. Verify birth certificate through The Bureau of Vital Statistics in the state/county/city
in which the applicant was born.
3. Place a printout of the verification in investigative file.. lf naturalized citizen:
1. Personally observe original naturalization certificate; place a copy in investigative
file.
2. Note naturalization certificate number in investigative file
3. Verify the naturalization certificate through the U.S. Citizenship and lmmigration
Services,
4. Place a printout of the verification in investigative file.. Social security number verification:
1. Personally observe original social security card, place a copy in investigative file,
2. Verify the social security number through the Social Security Administration via
WWW.SSA.qOV.
3. Place a printout of the verification in investigative file.
Selective Service Registration (males only) - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Personally observe original selective service registration card; place a copy in investigative
file.. Verify the selective service registration number through Selective Service and National
Archives websites, www,sss.qov and www. arch ives.qov.
Miami Beach
rrB 20'15-061-LR
AppendixC-Page3
51
. Place a printout of the verification in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in the investigative file.
Police Academy / Florida Department of Law Enforcement (FDLE) Certification - the investigator
shall:. Obtain written police academy verification to include attendance, graduation, grades and
class ranking.o Contact FDLE and obtain written verification that applicant passed the Officer Certification
Exam as well as date of exam,
Other law enforcement agencies applied to - the investigator shall:o Contact all police departments where the applicants have applied to become police
officers, review their applications and compare to the Personal History Questionnaire for
additions or omissions.. Determine applicants' standing in the hiring process with other departments.
High school/General Educational Development (GED) verification - the investigator shall:o Personally observe original high school diploma/GED certificate and place a copy in
investigative file.o Have applicants provide official sealed copies of their high school transcripts, place sealed
envelopes in investigative files.. Verify schools' accreditation and applicants' attendance through a third party service such
as www.studentclearing house.orq.o Place a printout of verifications in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
College verification - the investigator shall:o Personally observe original college diploma, if any, place a copy in investigative file.o Have applicants provide official sealed copies of their college transcripts, place sealed
envelopes in investigative files.. Verify schools' accreditation and applicants' attendance through a third party service such
as www.studentclearinqhouse.orq.o Place a printout of verifications in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Credit report - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. lndependently obtain and review a credit report from Equifax, Experian or TransUnion;
place a copy in investigative file.o lnform the applicant of any noted deficiencies and require a written explanation, placed in
investigative file.
Miami Beach
trB 2015-061-LR
AppendixC-Page4
52
Employment history - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Verify the applicant's employment history for the preceding ten (10) years by contacting
and interviewing all employers listed by the applicant. lnterview must include job
performance and determine if applicant is eligible to be re-hired.. Place copy of all interview notes in investigative file.o Further verify the applicant's employment history for the preceding ten (10) years by
contacting the Social Security Administration at www,ssa.qov.. Place a printout of the Social Security Administration verifications in investigative file.o Place a printout of the verifications in investigative file.. Obtain the last three (3) years of performance evaluations from current/previous
employers; place in investigative file.. Require applicants to provide written explanations for all disciplinary actions, including
verbal counseling; place in investigative files.
Require applicants to provide written explanations for all periods of unemployment during
the ten (10) year period; place in investigative files.
Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Current and past law enforcement officers:
Contact current and past employers and obtain an lnternal Affairs Profile Report and
copies of all disciplineiinternal departmental investigations; place copies in investigative
files.
lnvestigations involving certified applicants require reviewing present and past police
department employer files to include lnternal Affairs, Field Training (FTO) files, Training
section files, Background file, Personnel file, etc. A copy of the Applicant's file at each
department must be obtained. Verify facts and reasons related to separations of
employment.
Character references - the investigator shall:
lnterview the character references provided on the PHQ and produce a report detailing
information gathered. lnterview should be designed to determine applicant's suitability for
a law enforcement position and include standardized questions previously approved by the
City of Miami Beach.
Develop three (3) additional character references and complete a report detailing
information gathered. lnterview should be designed to determine applicant's suitability for
a sworn law enforcement position and include standardized questions previously approved
by the City of Miami Beach.
Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Miami Beach
rTB 2015{61-LR
AppendixC-Page5
53
Military records - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.o Personally observe original Department of Defense DD Form 214', place a copy in
investigative file.. Require the applicant to complete and sign a Request for Military Records (SF-180). The
form can be found at www.archives.qov/research/order/standardJorm-1B0.pdf. Mailthe request to the address indicated on the SF-180.. Upon receipt of military records, place a copy in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies to be placed in investigative file.
Driver history - the investigator shall:o Review information provided by the applicant on the Personal History Questionnaire.. Obtain a complete driver history record from all counties/states in which the applicant has
resided.o Place a copy of all records in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Neighborhood check - the investigator shall:o lnterview a minimum of three (3) of the applicant's neighbors. lnterviews should be
designed to determine applicant's suitability for a sworn law enforcement position and
include standardized questions previously approved by the City of Miami Beach.
lnterviewed neighbors should live in close proximity to applicant, preferably next door and
across the street.. Complete a report detailing information gathered during interview.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Social media - the investigator shall conduct a social media search to assist in assessing the
suitability of the applicant for employment as a sworn law enforcement officer.
Pre-employment background report - the investigator shall:. Create a comprehensive report detailing findings related to all the aforementioned areas of
investigation.. Ensure the report mirrors this scope of work in format. lnclude separate sections for each
of the investigative areas as well as an "lssues" section, detailing all areas of concern in
reference to the applicant's suitability for a law enforcement position.o Ensure the file contains all required supporting documents.o Place into the investigative file all reports generated, information gathered, supporting
documentation and correspondence with any and all persons contacted during the
investigation, including the applicant,
Miami Beach
tTB 2015-061-LR
AppendixC-Page6
54
Classification lland lll: Non-Sworn Personnel and Public Safety Communications Unit
Classification ll and lll non-sworn personnel pre-employment checks are differentiated only by the
fact that a Classification ll calls for a ten (10) year employment history verification while a
Classification lll calls for a five (5) year employment history verification. The pre-employment
checks for applicants to the Public Safety Communications unit also require a ten (10) year
employment history verification. Every other factor is the same for the three types of pre-
employment background check classifications.
General - the investigator shall:o lnterview and review the employment application and Personal History Questionnaire
(PHO) with the applicant.. Conduct said interview prior to commencement of any other activity associated with the
pre-employment background investigation.. Contact applicant as needed during the pre-employment background investigation.. Have the applicant execute all authorizations and/or waivers necessary to facilitate the
collection of information.
lnitial pre-employment background report - the investigator shall:. Conduct a comprehensive computerized search utilizing TransUnion TLO, Westlaw's
Clear, LexisNexis or other similar databases.. Use the computerized report to confirm information provided by applicant in the Personal
History Questionnaire and initial interview; to include social security number, date of birth,
employment history, residential history, driver history; and other information.. ldentify discrepancies, conflicting information between information on the Personal History
Questionnaire and the report.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.. Social security number verification:
1. Personally observe original social security card, place a copy in investigative file.
2. Verify the social security number through the Social Security Administration via
WWW.SSA.qOV,
3. Place a printout of the verification in investigative file.
Other law enforcement agencies applied to - the investigator shall:o Contact all police departments where the applicants have applied, review their
applications, and compare other applications to the Personal History Questionnaire for
additions or omissions.. Determine applicants' standing in the hiring process with other departments.
Miami Beach
rrB 2015-061-LR
AppendixC-Page7
55
High school/General Educational Development (GED) verification - the investigator shall:o Personally observe original high school diploma/GED certificate; place a copy in
investigative file.o Have applicants provide official sealed copies of their high school transcripts, place sealed
envelopes in investigative files.. Verify schools' accreditation and applicants' attendance through a third party service such
as www.studentclearinqhouse.orq.o Place a printout of verifications in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files,
College verification - the investigator shall:o Personally observe original college diploma, if any, place a copy in investigative file.o Have applicants provide official sealed copies of their college transcripts, place sealed
envelopes in investigative files.. Verify schools' accreditation and applicants' attendance through a third party service such
as www.studentclearinqhouse.orq.o Place a printout of verifications in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Credit report - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. lndependently obtain and review a credit report from Equifax, Experian, or TransUnion;
place a copy in investigative file.o lnform the applicant of any noted deficiencies and require a written explanation; placed in
investigative file.
Employment history - the investigator shall:o Review information provided by the applicant on the Personal History Questionnaire,. Verify the applicant's employment history for the preceding ten (10) OR five (5) years by
contacting and interviewing all employers listed by the applicant. lnterview must include job
performance and deter:mine if applicant is eligible to be re-hired.o Place copy of all interview notes in investigative file.o Further, verify the applicant's employment history for the preceding ten (10) OR five (5)
years by contacting the Social Security Administration at www.ssa.qov.o Place a printout of the Social Security Administration verifications in investigative file.. Place a printout of the verifications in investigative file.. Obtain the last three (3) years of performance evaluations from currenUprevious
employers; place in investigative file.. Require applicants to provide written explanations for all disciplinary actions, including
verbal counseling; place in investigative files,
Miami Beach
rTB 201546'l-LR
AppendixC-Page8
56
. Require applicants to provide written explanations for all periods of unemployment during
the ten (10) OR five (5) year period; place in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Character references - the investigator shall:. lnterview the character references provided on the Personal History Questionnaire and
generate a report detailing information gathered. lnterview should be designed to
determine applicant's suitability for a law enforcement position and include standardized
questions previously approved by the City of Miami Beach.o Develop three (3) additional character references and complete a report detailing
information gathered. lnterview should be designed to determine applicant's suitability for
employment and include standardized questions previously approved by the City of Miami
Beach.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file,
Selective service registration (males only) - the investigator shall:o Review information provided by the applicant on the Personal History Questionnaire.o Personally observe original selective service registration card; place a copy in investigative
file.. Verify the selective service registration number through Selective Service and National
Arch ives websites, www. sss.qov and www. archives.qov.o Place a printout of the verification in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in the investigative file.
Military records - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.o Personally observe original Department of Defense DD Form 214; place a copy in
investigative file.. Require the applicant to complete and sign a Request for Military Records (SF-180), The
form can be found at www.archives.qov/research/order/standard-form-180,pdfo Mailthe request to the address indicated on the SF-180.. Upon receipt of military records, place a copy in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies to be placed in investigative file.
Driver history - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Obtain a complete driver history record from all counties/states in which the applicant has
resided.o Place a copy of all records in investigative file.
Miami Beach
trB 2015{61-LR
AppendixC-Page9
57
. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Social media - the investigator shall conduct a social media search to assist in assessing the
suitability of the applicant for employment.
Pre-employment background report - the investigator shall:o Create a comprehensive report detailing findings related to all the aforementioned areas of
investigation.o Ensure the report mirrors this scope of work in format. lnclude separate sections for each
of the investigative areas as well as an "lssues" section, detailing all areas of concern in
reference to the applicant's suitability for a law enforcement position,o Ensure the file contains all required supporting documents.o Place into the investigative file all reports generated, information gathered, supporting
documentation and correspondence with any and all persons contacted during the
investigation, including the applicant.
FIRE DEPARTMENT
The Fire Department may request any of the below services. The Fire Chief will have the final
decision on which services will be performed during the background process.
General - the investigator shall:o Have the applicant execute all authorizations and/or waivers necessary to facilitate the
collection of information.
lnitial pre-employment background report - the investigator shall:. Conduct a comprehensive computerized search utilizing TransUnion TLOxp, Westlaw's
Clear, LexisNexis or other similar databases.. Use the computerized report to confirm information provided by applicant in the Personal
History Questionnaire and initial interview; to include social security number, date of birth,
employment history, residential history, driver history; and other information.. ldentify discrepancies, conflicting information between information on the Personal History
Questionnaire and the report.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file. Social security number verification:
1. Personally observe original social security card, place a copy in investigative file.
2. Verify the social security number through the Social Security Administration via
WWW.SSA.qOV,
3, Place a printout of the verification in investigative file,
Miami Beach
rTB 2015{61-LR
AppendixC-Page10
58
Driver history - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Obtain a complete driver history record from all counties/states in which the applicant has
resided.o Place a copy of all records in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Credit report - the investigator shall;o Review information provided by the applicant on the Personal History Questionnaire.o lndependently obtain and review a credit report from Equifax, Experian or TransUnion;
place a copy in investigative file,. lnform the applicant of any noted deficiencies and require a written explanation; placed in
investigative file.
Selective service registration (males only) - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.. Personally observe original selective service registration card; place a copy in investigative
fite.. Verify the selective service registration number through Selective Service and National
Archives websites, www.sss.qov and www.archives.qov.. Place a printout of the verification in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in the investigative file.
Military records - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire,o Personally observe original Department of Defense, DD Form 214', place a copy in
investigative file,o Require the applicant to complete and sign a Request for Military Records (SF-180). The
form can be found at www.archives.qov/research/order/standardjorm-1B0.pdf. Mail the request to the address indicated on the SF-l80,. Upon receipt of military records, place a copy in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies to be placed in investigative file.
Employment history - the investigator shall:. Review information provided by the applicant on the Personal History Questionnaire.o Visit or contact no fewer than three (3) former places of employment, if applicable. Out of
town employers shall be contacted via telephone, email, mail or facsimile to complete
employment reference checks.
Miami Beach
tTB 2015461-LR
Appendix C - Page 11
59
. Verify the applicant's employment history up to the preceding ten (10) years, if applicable,
by contacting and interviewing all employers listed by the applicant. lnterview must include
job performance and determine if applicant is eligible to be re-hired.o Place copy of all interview notes in investigative file,o Further verify the applicant's employment history for the preceding ten (10) years by
contacting the Social Security Administration at www.ssa,qov.. Place a printout of the Social Security Administration verifications in investigative file.o Place a printout of the verifications in investigative file.o Obtain the last three (3) years of performance evaluations from currenUprevious
employers; place in investigative file.. Require applicants to provide written explanations for all disciplinary actions, including
verbal counseling; place in investigative files.. Require applicants to provide written explanations for all periods of unemployment during
the ten (10) year period; place in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Character references - the investigator shall:o lnterview the character references provided on the Personal History Questionnaire and
complete a report detailing information gathered. lnterview should be designed to
determine applicant's suitability for employment and include standardized questions
previously approved by the City of Miami Beach.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Neighborhood check - the investigator shall:. lnterview a minimum of three (3) of the applicant's neighbors. lnterviews should be
designed to determine applicant's suitability for employment and include standardized
questions previously approved by the City of Miami Beach. Interviewed neighbors should
live in close proximity to applicant, preferably next door and across the street.. Complete a report detailing information gathered during interview.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file.
Social media - the investigator shall conduct a social media search to assist in assessing the
suitability of the applicant for employment.
Pre-employment background report - the investigator shall:. Create a comprehensive report detailing findings related to all the aforementioned areas of
investigation.. Ensure the report mirrors this scope of work in format. lnclude separate sections for each
of the investigative areas as well as an "lssues" section, detailing all areas of concern in
reference to the applicant's suitability for a law enforcement position.
Miami Beach
ITB 2015-06'l-LR
AppendixC-Page12
60
. Ensure the file contains all required supporting documents.. Place into the investigative file all reports generated, information gathered, supporting
documentation and correspondence with any and all persons contacted during the
investigation, including the applicant,
GENERAL EMPLOYEES AND CONTRACTOR EMPLOYEES
lnitial pre-employment background report - the investigator shall:. Conduct a comprehensive computerized search utilizing TransUnion TLO, Westlaw's
Clear, LexisNexis or other similar databases.. Use the computerized report to confirm information provided by applicant to include social
security number, date of birth, employment history, residential history, driver history; and
other information.. ldentify discrepancies, conflicting information between information on the employment
application and the report.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in investigative file
Employment history - the investigator shall:. Review information provided by the applicant.. Verify the applicant's employment history for the preceding ten (10) years by contacting
and interviewing all employers listed by the applicant. lnterview must include job
performance and determine if applicant is eligible to be re-hired.o Place copy of all interview notes in investigative file.. Further verify the applicant's employment history for the preceding ten (10) years by
contacting the Social Security Administration at www.ssa.qov.o Place a printout of the Social Security Administration verifications in investigative file.o Place a printout of the verifications in investigative file.. Obtain the last three (3) years of performance evaluations from currenUprevious
employers; place in investigative file, if available.. Require applicants to provide written explanations for all disciplinary actions, including
verbal counseling; place in investigative files.. Require applicants to provide written explanations for all periods of unemployment during
the ten ('10) year period; place in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Selective service registration (males only) - the investigator shall:o Review information provided by the applicant on the Personal History Questionnaire.o Personally observe original selective service registration card; place a copy in investigative
file.
Miami Beach
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AppendixC-Page13
61
. Verify the selective service registration number through Selective Service and National
Archives websites, www. sss. qov and www, arch ives. qov.
. Place a printout of the verification in investigative file.. Require the applicant to provide a written explanation for any and all negative findings and
discrepancies; place in the investigative file.
College verification - the investigator shall:o Personally observe originalcollege diploma, if any, place a copy in investigative file.o Have applicants provide official sealed copies of their high school transcripts, place
sealed envelopes in investigative files,. Verify schools' accreditation and applicants' attendance through a third party service
such as www.studentclearinqhouse.orq.o Place a printout of verifications in investigative files.. Require applicants to provide written explanations for any and all negative findings and
discrepancies; place in investigative files.
Social media - the investigator shall conduct a social media search, as requested, to assist in
assessing the suitability of the applicant for employment.
Pre-employment background report - the investigator shall:. Create a comprehensive report detailing findings related to all the aforementioned areas of
investigation.. Ensure the report mirrors this scope of work in format. lnclude separate sections for each
of the investigative areas as well as an "lssues" section, detailing all areas of concern in
reference to the applicant's suitability for employment.o Ensure the file contains all required supporting documents.o Place into the investigative file all reports generated, information gathered, supporting
documentation and correspondence with any and all persons contacted during the
investigation, including the applicant.
Contracted Personnel
. Conduct a 10 paneldrug screen, determined by the City, at an approved laboratory and in
accordance with the procedures in Title 49 Code of Federal Regulations, Part 40,
. Conduct a level 2 criminal background screen. Gather all documents pertaining to any
criminal history, e.9., arrest report, court documents, etc.
o Provide a comprehensive report of the findings attaching all pertinent documentation.
Miami Beach
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BACKGROUND INVESTIGATIONS CLASSIFICATIONS:
Classification I - Sworn
Police Officer
Reserve Officer
Detention Officer
Classification ll - Non-sworn
Cdme Scene Technician
Domestic Violence Coordinator
Executive Office Associate
Firearm Specialist
Police Commander
Police Records Supervisor
Police Plans & Policies Manager
Public Safety Management and Budget Analyst
Public Safety Payroll Administrator
Police Records Manager
Public lnformation Officer (non-sworn)
Public Safety Specialist
Senior CSI
Senior Systems Analyst
Classification lll - Non-sworn
Account Clerk
Administrative Aide
Ad min istrative Assistant
CAD/RMS Manager
Clerk Typist
Crime Analyst
Data Entry Clerk
I nformation Technician
Municipal Service Worker
Network Administrator
Office Associate
Police Fleet Specialist
Police Photographer
Police Financial Assistant
Property and Evidence Technician
Records Technician
Records Unit Supervisor
School Crossing Guard
Victim's Advocate
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Appendix C - Page 15
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Public Safety Communications Unit
Communications Operator
Communications Supervisor
Communications Manager
Complaint 0perator
Public Safety Communications Unit Director
91 1 Communications Records Custodian
Dispatcher
Fire Department
Firefighter
General Emplovees and Contractor Emplovees
All other civilian positions.
Miami Beach
RFP 2015-061-LR
AppendixC-Page16
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APPENDIX D
MIAMIBEACH
Speciol Conditions
RFP 2015-06 .|
-LR
Bockground lnvestigotions Services
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
65
1. TERM OF CONTRACT. The contract shall commence upon the date of notice of
award and shall be effective for two (2) years.
2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend
for two (2) additional two-year periods subject to the availability of funds for succeeding fiscal
years.
3. PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal
shall remain firm and fixed, unless amended in writing by the City.
3.1 COST ESCALATION. Prices must be held firm during the initial term of the agreement.
During the renewal term, the City may consider prices increases not to increase the
applicable Bureau of Labor Statistics (www.bls.gov) CPI-U index or 3%, whichever is less.
The City may also consider increases based on mandated Living Wage increases. ln
considering cost escalation due to Living Wage increases, the City will only consider the
direct costs related to Living Wage increases, exclusive of overhead, profit or any other
related cost.
4. EXAMINATION OF FACILITIES. N/A
5. PERFORMANCE BOND. N/A
6. DELIVERY REQUIREMENTS. N/A
7. WARRANTY REQUIREMENTS. N/A
8. BACKGROUND CHECKS. The contractor's corporate officers and its investigators must
successfully complete to a Miami Beach Police Department (MBPD) background investigation prior
to work commencing.
9. FAILURE TO PERFORM. Should it not be possible to reach the contractor or supervisor
and/or should remedial action not be taken within 48 hours of any failure to perform according to
specifications, the City reserves the right to declare Contractor in default of the contract or make
appropriate reductions in the contract payment.
10. ADDITIONAL SERVICES. Services not specifically identified in this request may be
added to any resultant contract upon successful negotiations and mutual consent of the contracting
parties.
Miami Beach
RFP 201s{61-LR
AppendixD-Pagel
66
APPENDIX E
g AAIAMIBEACH
Cost Proposol Form
RFP 2015-06 .|
-LR
Bockground lnvestigotions Services
PROCU REMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
67
APPENDIX E
PROPOSAL TENDER FORM
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5)
shall be completed mechanically or, if manually, in ink. Proposal Tender Forms (Section 5) completed in
pencil shall be deemed non-responsive. All corrections on the Proposal Tender Form (Section 5) shall be
initialed.
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
Miami Beach
RFP 2015-061-lr
AppendixE-Page1
68
APPENDIX F
I nsuro nce Req uirements
RFP 2015-06 r -LR
Bockground Investigotions Services
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
69
b
:MIAMIBEACH
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.
XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1.000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability, Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
-4,ExcessLiability-$-.00peroccurrencetofollowtheprimarycoVerageS.XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate,
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_,00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_,00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vl or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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.
Miami Beach
RFP 2015-061-LR
AppendixF-Page1
70
THIS PAGE INTENTIONALLY LEFT BLANK
71
COMMISSION ITEM SUMMARY
Condensed Title:
RESUEST APPROVAL TO ISSUE AN tNVtTATtON TO NEGOTTATE (!TN) FOR PROPERW
MANAGEMENT AND MAINTENANCE SERVICES FOR THE AFFORDABLE RESIDENTIAL
PROPERTIES OWNED ORANTICIPATED TO BE ACQUIRED BYTHE CITY.
Board Recommendation:
N/A
Source of Funds: I The funding will be derived from rent collection.
Financial Impact Summary: The annual cost of these services is subject to funds availability approved
throuqh the City's budqetino Drocess.
Streamline The Delivery Of Servlces Through AII Departments. Ensure Workforce Housing
For Key lndustry Workers ls Available ln Suitable Locations
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recom mendation:
The City cunently owns the affordable housing residential property known as London House.
Additionally, on Septernber 17, 2014 the City Commission adopted Resoluton No, 2014-28756 directing
the City Manager to proceed with the purchase of the following residential properties from Miami Beach
Community Development Corporation (MBCDC): Allen Apartments, Barclay Plaza Apartments, Lottie
Apartments, Madeleine Village Apartments, and Neptune Apartments. These properties represent a
total of 189 residential units.
The anticipated acquisition of these affordable residential properties and the expected rehabilitation of
the London House Apartments, which are estimated to occur between December 2014 and December
2015, will trigger a need for maintenance services to ensure that these properties are adequately
maintained and that tenant service requests for maintenan@ are addressed in a timely, professional
manner. Since all of the buildings were acquired and/or rehabilitated with U.S. Department of Housing
and Urban Development (HUD) funds, these properties will need to be maintained in working order to
ensure the provision of safe, sanitary housing in accordance with HUD requiremenb. With this goal in
mind, the City is seeking to issue an invitaUon to negotiate (lTN) to seek proposals and negotiate with
one or more qualified professional propefly managers.
CTTY MANAGER'S RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of the ITN
2015-055-WG for and Maintenance Services for Citv Owned Residential
Alex Denis, Director Ext # 6641
ABENDA fiEM CAQ;i;].t:lTtT{$ MIAMIBEACH
72
g MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
Date: January 14,2015
Subject: REQUEST APPROVAL TO I AN TNVTTATTON TO NEGOTTATE (rTN)
FOR MANAGEMENT AND MAINTENANCE SERVICES FOR THE
AFFORDABLE RESIDENTIAL PROPERTIES OWNED OR ANTICIPATED
TO BE ACQUIRED BY THE CITY.
KEY INTENDED OUTCOME
Streamline The Delivery Of Services Through All Departments. Ensure Workforce Housing For
Key lndustry Workers ls Available ln Suitable Locations
BACKGROUND
The City currently owns the affordable housing residential property known as London House.
Additionally, on September 17, 2014 the City Commission adopted Resolution No. 2014-28756
directing the City Manager to proceed with the purchase of the following residential properties
from Miami Beach Community Development Corporation (MBCDC): Allen Apartments, Barclay
Plaza Apartments, Lottie Apartments, Madeleine Village Apartments, and Neptune Apartments.
These properties represent a total of 189 residential units as follows:
The anticipated acquisition of these affordable residential properties and the expected
rehabilitation of the London House Apartments, which are estimated to occur between December
2014 and December 2015, will trigger a need for maintenance services to ensure that these
properties are adequately maintained and that tenant service requests for maintenance are
addressed in a timely, professional manner. Since all of the buildings were acquired and/or
rehabilitated with U.S. Department of Housing and Urban Development (HUD) funds, these
properties will need to be maintained in working order to ensure the provision of safe, sanitary
housing in accordance with HUD requirements. With this goal in mind, the City is seeking to
issue an invitation to negotiate (lTN) to seek proposals and negotiate with one or more qualified
professional property managers.
To:
From:
SSION
2001 Washington Avenue
1940 ParkAvenue
1 965-75 Washinqton Avenue
7871 Cresoi Boulevard
1632 Meridian Avenue
73
City Commission Memorandum
Management and Maintenance Services for City Owned Residential Properties
January 14,2015
Page 2 of 2
SCOPE OF SERVICES
The required scope of services would include: day-to-day maintenance of the properties,
including unexpected emergencies; creating a maintenance tracking and preventative
maintenance program; and, assisting the City in the capital needs planning for each property. The
Property Manager will also assist in making recommendations regarding the selection of
materials that will improve the longevity of project components and will use qualified and trained
maintenance staff and vendors with adequate oversight for quality control.
OTHER lTN REQUIREMENTS
o MINIMUM QUALIFICATIONS. Please reference, Appendix C, ITN 2015-055-WG for
Management and Maintenance Services for City Owned Residential Properties.
o SUBMITTAL REQUIREMENTS. Please Reference 0300, ITN 2015-055-WG for
Management and Maintenance Services for City Owned Residential Properties.
o CRITERIA FOR EVALUATION. Please Reference 0400, ITN 2015-055-WG for
Management and Maintenance Services for City Owned Residential Properties.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the ITN 2015-055-WG for Management and Maintenance Services for City Owned
Residential Properties.
74
TNVTTATTON TO NEGOTTATE (tTN)
MANAGEMENT AND MAINTENANCE SERVICES FOR CITY OWNED PROPERTIES
20 r 5-055-WG
ITN ISSUANCE DATE: JANUARY XX, 2015
PROPOSALS DUE: FEBRUARY XX, 2015 @ 3:00 PM
ISSUED BY:
# MIAMIBEACH
WIIIIAM GARVISO, PROCUREMENT COORDINATOR
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 33.l39
305.673J000 x 6650 | www.miomibeochfl.gov
75
g,",ro,lli',,Iu'1,; BfACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLrzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ........ .......3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT ...............9
0400 PRoposAL EVALUATTON ....... ............11
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
tTN 2015 055-WG
76
ID r^v'itAlonil BEACH
SECTION O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS
1. GENERAL. This lnvitation to Negotiate (lTN) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]")if this ITN 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 lTN. Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this lTN. Failure to receive an addendum may
result in disqualification of Proposa! submitted.
2. PURPOSE,
The City of Miami Beach is soliciting responses from proposers who are qualified to provide management and
maintenance services to City owned, affordable or government assisted residential properties, which house,
workforce, elderly and low income residents.
The City Living Wage ordinance will apply to any contract resulting from this lTN.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:Telephone:Email:
WilliamGarviso@miamibeachfl .govWilliam Garviso, Procurement Coordinator 305 673-7000 #6650
The Bid title/number shall be referenced on all correspondence, All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. AII
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
The tentative schedule for this solicitation is as follows:
ITN lssued XXXXXXX
Pre-Proposal Meeting XXXXXXX
Deadline for Receipt of Questions XXXXXXX
Proposals Due XXXXXXX
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
rTN 2015 055 WG
77
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5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-Proposal meeting or
site visit(s) may be scheduled. The details of pre-submittal meeting or site visit(s), if necessary, will be noted in
Appendix B, Minimum Requirements and Specifications,
A pre-proposal site visit and meeting will be held as scheduled in Solicitation Timeline above at the
following address:
Potential proposers are to meet at City Hall, Main Floor Center Lobby, 1700 Convention Center Drive, Miami
Beach Florida 33139 @ 10:00AM. Shuttle bus service will be provided in an effort to view the properties to
be maintained. Shuttle bus service will begin and conclude at this address. At the conclusion of the site
visit, a pre-bid conference will be held at the City Hall 4ttt Floor, City Manager's Large Conference Room.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida, Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
CITY CODE SECTION 2486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2.397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2-406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2.373
. LlVlNGWAGEREQUIREMENT......,... CITYCODESECTIONS240TTHR0UGH2-410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374. FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES. . CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reseryes the right to postpone the
deadline for submittal of Proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the Proposal
. CONE 0F SILENCE..... PROTEST PROCEDURES
o DEBARMENT PROCEEDINGS
o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES ... CAMPAIGN CONTRIBUTIONS BY VENDORS
o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
rssuES..,,. . ...
o REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS... ..
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78
ID BEACH
due date in accordance with City Code Section 2-371, wnicfr estaOlishes 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. 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.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission that negotiations be
approved with one or more Propose(s) s/he deems to be in the best interest of the City or may recommend rejection
of all Proposals. The City Manager's recommendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will commence.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to relect any or all Proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all Proposals within one-
hundred twenty (120) calendar days after Proposals opening date. A Proposer may not withdraw its Proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
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.
15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Propose/s employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
tTN 2015-055-WG
79
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18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this lTN. Failure to do so will
be at the Propose/s risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
submitted in a format consistent with the Purchase Order.
20. 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.
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes, Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations, Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws,
22. SPECIAL CONDITIONS.Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANTI-DISCRIMINAT|ON. 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.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
rrN 2015-055-wG
80
b
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply, ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
26. 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.
27. 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.
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. 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.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or othenarise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
r N 20 r5-055-WG
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the City and the contractor,
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Arl.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 eadier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenlrise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposalto replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO lTN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this lTN, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as
said term and/or condition was originally set forth on the ITN).
35. ACCEPTANCE 0F GIFTS. FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Paqe lntentionallv Left Blank
I N 20 t5-055-WG
82
sEcTtoN 0300 PROPOSAL S
,\.r\l./rlu/,i BfACH
AL INSTRUCTIONS AND FORMAT
ID
UBM!TT
1. SEALED PROPOSALS. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein, Any Proposal
received after the deadline established for receipt of Proposals will be considered late and not be accepted
or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or
othenruise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references, Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
9
Cover Letter & Minimum Qualifications irements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ualifications requirements established in Appendix C, Minimum Requirements and Specifications,
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualiflcations. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein, No Proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to 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.
rTN 2015 055 WG
83
of Services
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a fully review and score the oroposed scope of services.
and
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline,
and risk mitiqation ootions for assurino services are delivered on time and within
Cost
Submit a Cost Prooosal Form
Note: After Proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
tTN 2015-055-WG t0
84
sEcTroN 0400
g i','1 I ;'\'it'i't,i BfACH
PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of Proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the Proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee, The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria, ln doing so, the Evaluation Committee may:o review and score all Proposals received, with or without conducting interview sessions; or. review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
30
20
3, Step 2 Evaluation. Following the results of Step
additional quantitative criteria points to be added by
earned in Step 1, as follows.
1 Evaluation of qualitative criteria, the Proposers may receive
the Department of Procurement Management to those points
Cost Proposal
Veterans Preference
4. Cost Proposal Evaluation, The cost Proposal points shall be developed in accordance with the following
formula:
Sample Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual poinb are noted
above.)
Formula for Calculating Points
(lowest cost / cost of Proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100 / $100 X20 = 20 20
Vendor B $150.00 20 $100/$150X20=13 13
Vendor C $200.00 20 $100, $200 X 20 = 10 10
rTN 2015-055-WG il
85
ID
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and2 scores will be converted to rankings in accordance with the example below:
Commiftee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 89 78
Rank 1 2 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.
r N 20 I5-055-WG )2
86
APPENDIX A
g MIAMIBTACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
rTN 2015-055-WG
MANAGEMENT AND MAINTENANCE
SERVICES FOR CITY OWNED
PROPERTIES
PROCUREMENT DIVISION
lZ00 Convention Center Drive
Miomi Beoch, Florido 33139
87
Solicitation No: ITN 2015-055-WG Solicitation TiIIe: IMANAGEMENT AND IVAINTENANCE SERVICES FOR CITY OWNED PROPERTIES
Procurement Contact: William Garviso
Procurement Coordinator
Tel: 305 673-7000 #6650 Email: WilliamGarviso@miamibeachfl .gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation.
FIRM NAME:
No of Years in Business:No of Years in Business Locally:No of employees:
OTHER NAIVE(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS
FIRM PRIMARY ADDRESS (HEADQUARTERS):
UIIY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLI 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.:
ACCOUNT REP EIVAIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
Miami Beach
rTN 2015455-WG
AppendixA-Pagel
88
4.
5.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs [__-l ruo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
[__-l ves [--l tto
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a conholling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its
response or within five (5) days upon receipt of request. The Code shall, at a 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/procuremenV.
Living Wage. 0n September 30,2014, the Mayor and city Commission adopted Ordinance 2014-3897 amending Section 2-408 of
Division 6, Article Vl, of Chapter 2 of the Miami Beach City Code, by increasing the living wage rate to $13.31 an hour without
health benefits or $ 11.62 an hour with health benefits of at least $1 .69 an hour with an effective date of January 1,2015,
Failure to comply with this provision shall be deemed a material breach under this lTN, 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 on the Living wage requirements you may
contact the City's Contract Compliance administrator at (305) 673-7490,
b.
Miami Beach
rTN 2015{55-WG
AppendixA-Page2
89
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more full time 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 rrro
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__--] uo
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
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 Managels decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287 .133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY 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.
Miami Beach
tTN 20'15{55-WG
AppendixA-Page3
L
90
10.Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in Proposal disqualification.
lnitial to Confirm
Rcccinl
lnitial to Confirm
Receiol
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover
Miami Beach
tTN 2015{ss-WG
AppendixA-Page4
91
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmentin-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final 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 conshued to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Miami Beach
rTN 2015455-WG
AppendixA-Page5
92
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authonzed Representative:Title of Propose/s Auttrorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of on this
-day
of
-,
20-, personally
appeared before me who
County of _) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
of
Miami Beach
rTN 2015{55-WG
AppendixA-Page6
93
APPENDIX B
g MIAMIBTACH
"No Bid" Form
rTN 2015-055-WG
MANAGEMENT AND MAINTENANCE
SERVICES FOR CITY OWNED
PROPERTIES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
94
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR |NDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: William Garviso
PROPOSAL #2015.055.WG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
Miami Beach
tTN 20'15{55-WG
AppendixB-Pagel
95
APPENDIX C
g MIAMIBTACH
Minimum Requi rements
& Specifico tions
rTN 2015-055-WG
MANAGEMENT AND MAINTENANCE
SERVICES FOR CITY OWNED
P ROPERTIES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
96
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below. Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.o Provide at least three (3) references for which property management and
maintenance services for government owned or government-assisted residential
properties have been performed within the past five (5) years; (for each include
organization name, contact person, address, telephone number, email address, and
summary of scope of services provided). The City reserves the right to contact any
party that the bidder has worked for in the past and to relect a bidde(s) based on
past poor performance.. Proposer must hold certification by one of the following: HOME Program Specialist
Certification, Housing Choice Voucher (HCV) Specialist, Low lncome Housing Tax
Credits Property Manager, or Certified Specialist Occupancy issued through the
National Associatlon of Housing and Redevelopment Officials (NAHRO) or
equivalent.
C2. Statement of Work Required.
Provide property management and maintenance services including, but not limited to the
following, in accord with property standards established for HUD-assisted properties
included as Exhibit A.a. Lighting systemsb. Proactive Pest Managementc. Electrical switchgear and electrical systemsd. Landscaping, tree maintenance, and maintaining walkways
Daily responsiveness to problems identified by HCS tenants or staff
Facility trash removal
Fire alarm and fire suppression systems
Custodial cleaning of common areas
Plumbing
Maintain grounds and parking lot, if applicable
HVAC
Exterior Window Cleaningm, Securityn. Paintingo. Laundry facilities maintenance (including verifying machine operability)p. Posting of legal notices and/or any required correspondence
C3. Specifications3.1 The Property Manager will use a maintenance requesUmaintenance tracking program,
offer emergency maintenance services, and establish preventive maintenance procedures, The
agent will also participate in capital needs planning for each asset,
The Property Manager will assist in making recommendations regarding the selection of materials
that will improve the longevity of project components.
a
f.
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h.
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97
The Property Manager will use qualified and trained maintenance staff and vendors with adequate
oversight for quality control.
3.2 The Property Manager responsibilities shall include but not necessarily be limited to the
following:
1.Maintaining continuous communication with assigned Office of Housing and
Community Services staff on all property-related issues including conducting
meetings and providing required written reports on a monthly basis, or such other
schedule as may be determined.
Assessing the conditions of the buildings and their systems and reviewing all
existing warranties, manufacturers' instructions and other contracts within the first
thirty (30) days of the contract. The Property Manager shall then formulate a
preventive maintenance schedule in accordance with manufacturer's
recommendations.
Developing and implementing a comprehensive facility operation plan and manual
including preventative maintenance plans and a five-year capital plan per an
agreed timeline approved by HCS.
Reviewing the existing building-related condition and making recommendations to
HCS on critical building component failures that require immediate attention.
Developing Annual Operating and Preventative Maintenance Budgets per an
agreed timeline for submission to and approval by HCS.
Hiring, or causing to be hired, compensated, and supervised, all persons
necessary to properly maintain and operate the buildings who, in each instance,
shall be the Property Manager (and not HCS') employees.
Maintaining the properties in such condition as required by this ITN and as
othenruise may be deemed advisable by HCS including preventative maintenance
on the building and equipment, painting, interior and exterior cleaning, and causing
routine repairs and incidental alterations of the building to be made, including, but
not limited to, electrical, plumbing, carpentry, masonry, elevator and any other
routine repairs and incidental alterations as may be required in the course of
ordinary maintenance and care of the building. Where specifications or standards
are not included herein, maintenance shall be in accordance with manufacturers'
recommendations and standards.
Ensuring that maintenance and repairs are performed by trained, licensed
technicians and whose normal hours of operation are 8:00 AM to 5:00 PM,
Monday through Friday.
Soliciting, bidding and entering into contracts for any necessary HVAC, equipment
maintenance, janitorial, window cleaning, trash removal, vermin extermination,
landscaping, lawn care and tree maintenance, fire alarm testing/inspection and
2.
3.
4.
7.
9.
98
10.
11.
12.
13,
14.
other services as shall be advisable.
Ensuring that any equipment to be replaced shall be new and shall be
manufactured by a reputable manufacturer. All substitutes for the original
manufacturer's equipment related to the upgrading of equipment shall be Energy
Star@ compliant, if available. The Property Manager shall submit any proposed
purchases to HCS for its review and approval.
Ensuring that any new equipment be guaranteed for a minimum of one (1) year
from the date of replacement and replaced at no cost to HCS if found defective
during that time. The Property Manager shall obtain cost estimates for extended
warranties on new installations and consult with HCS regarding the purchase of
such contracts.
Providing emergency services as needed on a twenty-four (24) hour, seven (7)
days a week basis including holidays. The Property Manager agrees to provide an
emergency telephone service on a twenty-four (24) hour, seven (7) days a week
basis including holidays. From the time of the call by HCS tenants or staff, the
Property Manager has a maximum of one hour to respond to the emergency.
Establishing evidence that the Proposer has the fiscal capacity to maintain the
necessary funds for the properties management and general maintenance,
payment of supplies, equipment, and services associated with maintaining and
repairing the properties.
Maintaining a log of all hours of work completed by all employees and
subcontractors. Reviewing all bills received for services, work, and supplies
ordered in connection with maintaining and operating the buildings with
documentation for subsequent reimbursement to the City.
Providing monthly financial reports to HCS including the forecasting of any major
repairs that exceed the scope of regular maintenance,
Establishing and maintaining orderly books, records and files containing
correspondence, receipt bills, contracts and vouchers and all other documents and
papers pertaining to the properties and the operation and maintenance thereof,
which HCS may review at any time.
ln accordance with the United States Occupational Safety and Health
Administration's Hazard Communication Standard, the State has established and
implemented a Right-to-KnoMHazard Communication Program. The Property
Manager shall provide information and training to advise employees of the
Property Manager and HCS of potentially hazardous substances known to be in
the work place. Part of this information is a collection of Material Safety Data
Sheets for all chemicals used by contracted vendors, Before any chemical product
is used on or in the building, a copy of the product label and material Safety Data
Sheet must be provided to and approved by HCS before the chemical is applied.
15.
16,
17.
99
'18. Providing written monthly reports to HCS by the first five (5) days of the following
month including a precise description of services provided to the buildings,
including all systems and equipment, number of employees/subcontractors
involved, and the costs incurred.
19. Providing property management responsibilities including, but not limited to:a. Monthly site inspectionsb, Solicit written bid proposals from at least three (3) qualified suppliers or
service providers on each requirement having an expected value greater
than $5,000.c. Provide five (5) year Capital Repair and lmprovement Plan.d. Provide adequate staff to maintain and perform routine inspections and
required maintenance.e. Maintain all site/equipment manuals.f, Provide timely monthly operating report with invoices.g. Review work order, maintenance tracking and scheduling systems.h. ProvideOperationalandPreventativeMaintenancePlans.
20. With the prior written consent of HCS, the Property Manager will negotiate and
review contracts to be entered into for capital repairs and improvements to the
properties and supervise all work to be performed under such contracts and
authorize payment for all work performed under such contracts which exceed the
threshold of $1,500.
21. The Property Manager will be responsible for the completion of a variety of
administrative and reporting requirements as part of its Management Fee
including:
a. Upon award of the contract and prior to the start of any work, the Property
Manager shall be available for an initial job meeting with HCS. This
meeting shall include a review of all facility use rules and an introduction
to the organization and appropriate staff.b. Unless othenruise determined, there shall be monthly meetings with
property management staff for the following purposes:i. Review building management progress and quality of work;ii. ldentify and resolve problems;iii, Coordinate the efforts of all concerned so that these services are
rendered efficiently and effectively;iv. Maintain a sound working relationship between the Property
Manager and HCS;v. Maintain a mutual understanding of the contract andvi. Maintain sound working procedures.
100
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APPENDIX D
MIAMIBTACH
Speciol Conditions
rTN 2015-055-WG
MANAGEMENT AND MAINTENANCE
SERVICES FOR CITY OWNED
PROPERTIES
PROCUREMENT DIVISION
1700 Conveniion Center Drive
Miomi Beoch, Florido 33,I39
104
1. TERM OF CONTRACT. This contract shall be for three (3) years.
2. OPTIONS TO RENEW. The City shall have the option to renew this contract for an additional three
(3) year term.
3. PRICES. ln the event the City of Miami Beach exercises its option to renew beyond the initial three
(3) year contract, the contract prices and any other terms the City may choose to negotiate, will be
reconsidered for adjustment 90 days prior to the renewal date due to increases or decreases in labor
costs; but in no event will the prices be increased or decreased by a percentage greater than the
percentage change reflected in the C.P.l as published by the U.S. Department of Labor. The City of
Miami Beach reserves the right to accept the renewal adjustment or to allow the contract to
terminate and re-advertise for Proposals, whichever is in the best interest of the City,
4. REQUIRED CERTIFICATIONS. The successful Proposer must have current, active real estate
licensing as required by state statute.
5. ADDITI0NAL FACILITIES MAY BE ADDED. Although this solicitation and resultant contract
identifies specific facilities to be serviced, it is hereby agreed and understood that other facilities
may be added or deleted to/from this contract at the option of the City. When required by the pricing
structure of the contract, vendor shall be invited to submit price quotes for these additional
facilities. lf these quotes are determined to be fair and reasonable, then the additional work will be
awarded to the current contract vendor offering the lowest acceptable pricing. These additional
sites shall be added to this contract by formal modification.
6. LIQUIDATED DAMAGES. Completion dates for projects and repairs shall be pre-established
between the City and Property Manager as they arise. Failure to complete required repairs or
complete projects in accordance with the specifications and to the satisfaction of the City, that may
cause rental units to remain or become uninhabitable, shall cause the vendor to be subject to
charges for liquidated damages in the amount of $25,00 per unit for each calendar day the unit is not
ready for occupancy or work remains incomplete. As compensation due the City for loss of use and
for additional costs incurred by the City due to such non-completion of the work, the City shall have
the right to deduct said liquidated damages from any amount due, or that may become due to the
vendor under this agreement, or to invoice the vendor for such damages if the costs incurred
exceed the amount due to the vendor.
7. EMPLOYEES ARE RESPONSIBILITY OF VENDOR. All employees of the vendor shall be
considered to be, at all times, employees of the vendor, acting under the vendor's sole direction,
and as such are not considered to be employees or agents of the City. The vendor shall supply
competent and physically capable personnel in conjunction with the requirements of the contract.
The City may require the vendor to remove any employee that the City deems careless, incompetent,
insubordinate, or othenruise objectionable; and whose continued utilization on City property is not
considered to be in the best interest of the City. Each vendor employee shall have and wear proper
identification (defined as badge with employee name and vendor name clearly apparent).
8. BACKGROUND CHECK FOR EMPLOYEES ASSIGNED TO PROJECT. Any vendor employee
assigned to, or physically working at City owned residential properties as a result of this contract,
must successfully complete a background check conducted by the City using the Florida
Department of Law Enforcement (FDLE)Volunteer and Employee Criminal History System (VECHS).
Drug Testing should be conducted in accordance with Title 49, Code of Federal Regulations, Part 40.
The successful bidder(s) must also provide 10 Panel drug testing and proof of drug test prior to the
assignment of any personnel. Bidder's employees must test negative in order to begin work on any
105
City assignment. Bidder shall bear all costs associated with the initial drug tests.
The City's current l&panel drug test and cut-off levels are as follots:
ln the case of an alcohol test, a result of O.0.1 or greater consttutes a positive resul!. A
confirmatron brealhalyeer te$t shall he administered follorang the rnitral tert rn aocordance ,.vrth
the procedures in Tifle 49 Code of Federal Regulations. Pa.t 40.
l\lethaoualona
106
APPENDIX E
MIAMIBEACH
Cost Proposo! Form
rTN 2015-055-WG
MANAGEMENT AND MAINTENANCE
SERVICES FOR CITY OWNED
P ROPERTIES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
107
APPENDIX A
PROPOSAL TENDER FORM
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this lTB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5)
shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil
shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5) shall be initialed.
Propertv Description Quantitv Monthlv Cost Total
1 Lottie Apartments
530 - 75th Street
12 months $
2 Madeleine Village Apartments
7871 Crespi Boulevard
12 months $_$
3 Allen Apartments
2001 Washington Avenue
12 months $
4 Neptune Apartments
1532 Meridian Avenue
12 months $
5 London House Apartments
1955-75 Washineton Avenue
12 months $
TOTAL 1.5 $
Proposers must offer pricing on all properties above in order to be considered.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
108
APPEN DIX F
g MIAMIBEACH
I nsuro nce Requirements
rTN 2015-055-WG
MANAGEMENT AN D MAINTENANCE
SERVICES FOR CITY OWNED
PROPERTIES
PROCUREMENT DIVISION.l700 Convention Center Drive
Miomi Beoch, Florido 33139
109
b
:MIAMIBTACH
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.
XXX 1. Workers' Compensation and Employe/s Liability per the Statutory limits of the state of Florida,
XXX 2, Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractua! Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included,
-4.ExcessLiability.$-.00peroccurrencetofollowtheprimarycoVerageS.XXX 5, The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
_ 6, Other lnsurance as indicated:
_ Builders Risk completed value $_,00_ Liquor Liability $_.00_ Fire Legal Liability $_.00
-
Protection and lndemnity $-.oo_ Employee Dishonesty Bond $_.00_ Other $_.00
XXX 7, Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vl or better, latest edition.
XXX 9. The certificate must state the proposal number and title
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.
110
EXHIBIT A
Attachment #1
Department of Housing and Urban Development: Chapter 1: lnspector Guide for
Uniform Physical Condition Standards lnspection Protocol
Attachment #2
National Center for Healthy Housing: Laws, Rules and Codes for Healthier Homes,
Review of Approaches lmpacting Existing Homes
Attachment #3
Healthy Housing, State Healthy Housing Codes September 2008
Attachment fl4
Housing Choice Voucher Program Guidebook: Chapter 10 Housing Quality Standards
111
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE
OPERATIONAL REQUIREMENTS
lntended Outcome Su
Item Summary/Recommendation :
Streamline The Delivery Of Services Through All Departments
pporting Data (Surveys, Environmental Scan, etc.):
As is customary, many of the City's agreements resulting from competitive solicitations include renewal
clauses that allow for the extension of contract terms for a certain number of renewal periods beyond the
original contract term, as may be stipulated in the solicitation or resulting contract. The renewal periods
allow the City to continue to acquire the necessary goods and services from reputable contractors at prices
established through competitive solicitations. ln its due diligence process for consideration of contract
renewal options, the Administration has considered: cost considerations, including any increases to the
CPI-U index by the Bureau of Labor Statistics indicating changes in the supply market pricing conditions,
contractor performance and risk management considerations (e.9., insurance and bonds, as applicable).
Additionally, the contract renewals are applicable to the contract period only and do not alter other terms
and conditions of the contract or the scope of the procurement. Any changes to the scope of the original
contract shall be presented under a separate item individually or require a new procurement process
altogether.
The purpose of this item is to request authority to renew the competitively solicited contracts for routine
operational listed herein. The justification for renewing each is included with the contract information.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the extension of contract
for routine operational requirements, awarded through competitive solicitations, with SP Plus Municipal
Services. RBC Markets. LLC. and Safe Air tion.
Financial lnformation:
Source of
Funds:
Amount Account
1 See below.See below.
2
3
OBPI Total
Financial lmpact Summary: Various budget codes are contained in the referenced contract
exoenditures. All exoenditures are continoent uoon aDoroved budoeted funds beino available.
Qepartment Director Assistant City Manager City Manager
^D14+JMT JLV E_
)A\201 S\January\PROCUREMENT\Contract Renewal Options On Contracts For
01-14-15.doc PI
Requirements -T:WGENDA\20
Summary 01-1,
AGENDA ITEM
DATEMIAMIBEACH caD
112
r-e" /-.
rIl--,
--E
City of Miomi Beoch, lZ00 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members olthe City C
FROM: Jimmy L. Morales City Manager
DATE: January 14,2015
SUBJECT:REQUEST APPROVAL TO
CONTRACTS FOR ROUTINE
XERCISE TERM RENEWAL OPTIONS ON
PERATIONAL REQUI REM ENTS
ADMINISTRATION RECOMMEN DATION
Approve the recommendation.
BACKGROUND
As is customary, many of the City's agreements resulting from competitive solicitations include
renewal clauses that allow for the extension of contract terms for a certain number of renewal
periods beyond the original contract term, as may be stipulated in the solicitation or resulting
contract. The renewal periods allow the City to continue to acquire the necessary goods and
services from reputable contractors at prices established through competitive solicitations. ln its
due diligence process for consideration of contract renewal options, the Administration has
considered: cost considerations, including any increases to the CPI-U index by the Bureau of
Labor Statistics indicating changes in the supply market pricing conditions, contractor
performance and risk management considerations (e.9., insurance and bonds, as applicable).
Additionally, the contract renewals are applicable to the contract period only and do not alter
other terms and conditions of the contract or the scope of the procurement. Any changes to the
scope of the original contract shall be presented under a separate item individually or require a
new procurement process altogether.
The purpose of this item is to request authority to renew the competitively solicited contracts for
routine operational requirements listed herein as stipulated in each contract's solicitation. The
justification for renewing each is included with the contract information.
i Contract Number:
i RFP 43-10111l-,--*---' *--***---
: Title:
Contractor:
: Brief Scope:
i
Contractor shall provide the City with trained, qualified employees, positioned as parking meter i
: collectors and supervisors, to provide the services contemplated in the Agreement including, but
I not limited to, collection service for single space parking meters and multi-space pay stations
: owned by the City. Collection service shall transport all coins, bills, and/or data collected from
, single space parking meters and multi-space pay stations to City designated locations, for the
; purpose of counting, storing and/or depositing. Contractor shall ensure that all personnel are
: trained in the use of the equipment required to open, collect, and audit the single space and
i multi-space parking meters. Additionally, Contractor shall provide secure and safeguarded i
"i"RenewaiPe;rod l-------
; T*h1g,qgh 1112!2:017
113
City of Miami Beach - Commission Memorandum
Contract Renewals for Routine Operationa! Requirements
,- eeil inierest iustifiUtionl--
The Contractor has received satisfactory performance evaluations by the Parking Department.
Additionally, pricing was established through a competitive process, and, although the CPI-U
has increased approximately 2.860/o during the contract term, the City will continue to benefit
from contract pricing established prior to the CPI-U increase. The Parking Department has
C6ntAct Num6;il------Renewal Period:
RFP-20-06/07-Tii6l----*-; T-hlough 3!15|2016
i Ft nenqjA! Advis_gry _Sgrvigp"-s"i Contractor:
:
i
: Brief Scope:
;i Financial advisory services which includes financial planning, project financial analysis, i
i investment management, debt issuance, reporting, evaluation of proposals, development of i
: financial strategy for capital projects taking into consideration the City's short and long term i
: financial needs, available financing options and alternative debt structures, and computer :
: support and modeling for complex financial analysis. The flrm will also assist in the selection of :
: RBC Capital Markets acts as Financial Advisors for the City's ongoing capital program, including i
i Water & Sewer Bonds, Stormwater Bonds, Parking Bonds, and with the Line of Credit financing :
i program. They are currently assisting the City with the financing plan for the undergrounding of :
l the utilities for Sunset lslands 3 & 4, and the Miami Beach Convention Center Expansion :
: Project. RBC Capital Markets also provides the City with various other financial advisory :
: services such as:
ii o Review existing debt structure and financial resources to determine available borrowing i
i capacity.i . Advise as to market conditions and recommend the timing of the sale of bonds.i o Provide information concerning the structure of proposed financing programs as well as: those used by other issuers.
, . Advise on the most efficient structure for each issue.i o Advise as to the advantages and disadvantages of municipal bond issuance or other
: credit enhancements., o Assist in negotiating the interest rates proposed by the undenruriters.
i . Participate in annual rating agency reviews and updates.i o Schedule and participate in rating agency presentations for financing.
i . Review the bond purchase agreement and advice as to its acceptance or rejection in
i tight of market conditions.; o Assist legal counsel in the preparation and distribution of the Official Statement.
' o Arrange for distribution of the Official Statement to bond undenruriters and investors int accordance with the objectives communicated by the City.
: Although the City uses RBC Capital Markets on a continuous basis, they are not compensated
: until the City issues bonds. Their fees are part of the cost of issuance that is paid from the bond
114
City of Miami Beach - Commission Memorandum
Contract Renewals for Routine Operational Requirements
tTB-0't-10t11
tiiie:--------
lnstallation of Vehicle Exhaust Removal Systems
: Contractor:
1 s9f9_ Ai1 c9_rp-9mlion"
i Brief Scope:
: The contract provides for the purchase, installation and maintenance of vehicle exhaust removal
Best lnterest Justification:
Safe Air Corporation has installed the vehicle exhaust removal systems at the City's fire stations
and, according to contract requirements, continues to maintain these systems. The City's Fire
Rescue Department is satisfied with the contractor's services. Additionally, while the prices paid
by the City remain as awarded, the CPI-U has increased 4.98o/o since contract inception. Based
on the aforementioned and the contractor's good standing with the City, the Fire Department
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the extension of
agreements with SP Plus Municipal Services, RBC Capital Markets, LLC, and Safe Air
Corporation.
JLM i JMT/ AD / RA
T:IAGENDA\2O15\January\PROCUREMENT\Contract Renewal Options On Contracts For Routine Operational Requirements -
Memo 01-14-15.docx
T_h1o_ugh 1/2p!016
115
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO ISSUE AN TNVTTATTON TO NEGOTTATE (rTN) FOR FACTLTTTES
MAINTENANCE SERVICES FOR PROPERTY MANAGEMENT.
Key lntended Outcome Supported:
Streamline The Deliverv Of Services hAil
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
Recently Property Management embarked upon a re-organization process to improve delivery of
services. As part of this plan, Administration is seeking maintenance services related to general repairs
and installations of components throughout the City.
The referenced ITN seeks proposals from qualified contractors for the provision of facilities maintenance
services, which shall include general maintenance and repairs including but not limited to the following
allowable services: general repairs, plumbing, carpentry, HVAC, minor construction, flooring, painting,
waterproofing, etc.
The selected Contractors must provide management, supervision, labor, materials, equipment, shop or
construction drawings (if applicable) and supplies and shall be responsible for the efficient, effective,
economical, and satisfactory operation, scheduled and unscheduled maintenance, and repair of
equipment and systems for the assigned facilities.
Property Management plays a key role throughout the City to maintain the assets to its buildings, parks
and beaches. Once initiated, this service plan will provide Property Management with the flexibility and
tools required to perform day to day tasks and preventive maintenance initiatives.
CITY MANAGER'S RECOMMEN DATION
The Administration recommends that the Mayor and Commission authorize the issuance of the ITN
2015-090-JR for Facilities Manaqement Services for the Prooertv Manaqement Division.
Advisory Board Recommendation:
N/A
Source of Funds:
Financial lmpact Summary: The annual cost of these services is subject to funds availability approved
throuqh the Cifu's budoetino orocess.
City Clerk's Office Legislative Tracking:
Alex Denis, Director Ext # 6641
Sign-Offs:
Der Ement Director Assistant Citv Manaqer ciw w nilger
AD/Y- rc 2C MT JLW]J'
T:\AGENDA\201 S\January\PROCUREMENflITN 2015-090-JR lssuance for Property Maintenance Services - Sufimafy.doc
MIAMIBEACH AGENDA ,rErn -Q
E
oo.,i l-/u-tT
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MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: REQUEST FOR APPROVAL TO ISSUE AN INVITATION TO NEGOTIATE (tTN)
FOR FACILITIES MAI NTENANC E SERVIC ES FOR PROPERTY MANAGEMENT.
ADM!NISTRATION RECOMMEN DATION
Authorize the issuance of the lTN.
BACKGROUND
Recently Property Management embarked upon a re-organization process to improve
delivery of services. As part of this plan, Administration is seeking maintenance services
related to general repairs and installations of components throughout the City. These
services will consist of general repairs, carpentry, ropes and post, dune fencing, boardwalk
maintenance and play-ground equipment to name a few. Property Management plays a key
role throughout the City to maintain the assets to its buildings, parks and beaches. Once
initiated, this service plan will provide Property Management with the flexibility and tools
required to perform day to day tasks and preventive maintenance initiatives.
SCOPE OF SERVICES
The referenced ITN seeks proposals from qualified contractors for the provision of facilities
maintenance services, which shall include general maintenance and repairs including but
not limited to the following allowable services: general repairs, plumbing, carpentry, HVAC,
m inor construction, flooring, painting, waterproofin g, etc.
The selected Contractors must provide management, supervision, labor, materials,
equipment, shop or construction drawings (if applicable) and supplies and shall be
responsible forthe efficient, effective, economical, and satisfactoryoperation, scheduled and
unscheduled maintenance, and repair of equipment and systems for the assigned facilities.
For further details on the scope of services required, refer to Appendix C, ITN 2015-090-JR
OTHER RFP REQUIREMENTS
o MINIMUMQUALIFIGATIONS
Please Reference Appendix C, ITN 2015-090-JR.
o SUBMITTALREQUIREMENTS
Please Reference Section 0300, ITN 2015-090-JR.
o GRITERIA FOR EVALUATION
117
City Merchandise Store ILV
January 14,2015
Page 2 of 2
Please Reference Section 0400, ITN 2015-090-JR. The evaluation criteria are stated as
follows:
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
25
25
25
Cost Proposal
Veterans Preference
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
the ITN 2015-090-JR for Property Maintenance Services for Property Management.
ATTACHMENTS
. Attachment A: ITN 2015-090-JR for Property Maintenance Services for Property
Management.
AD/EC/MT/JLM
T:\AGENDA\20'1S\Januar$PROCUREMENT\lTN 2015-090-JR lssuance for Porperty Management Services - Memo.doc
118
TNVTTATTON TO NEGOTTATE (lTN)
FACILITIES MAINTENANCE SERVICES
20r s-ogo-JR
ITN ISSUANCE DATE:
PROPOSALS DUE: XXXXXXXXXX @ 3:00 PM
ISSUED BY:
r ^]. ^e.I/-,.-,
---
t9t5'2015
'' i a ,. . , li,,:il
Joe V. Rodriguez, CPPB, FCCi/I, Procurement Coordinotor
DEPARTMENT OF PROCUREMENT MANAGEMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l 39
305.673.7000 x6263 | Fox: 786.394.5494 | www.miomibeochfl.gov
119
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTrLrzED ......... ............. N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................. X
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............. X
0400 PRoPoSAL EVALUATTON ....... ............. X
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ......... X
APPENDIX B "NO PROPOSAL" FORM ......... X
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .................... X
APPENDIX D COST PROPOSAL FORM ....... X
APPENDIX E INSURANCE REQUIREMENTS ............... X
APPENDTX F LTSTTNG OF FACTLTTTES ........ .................. X
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SECTION O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS
1. GENERAL. This lnvitation to Negotiate (lTN) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this ITN 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 lTN. Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this lTN. Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. PURPOSE.
The purpose of this ITN is to seek proposals from qualified contractors for the provision of facilities maintenance
services, which shall include general maintenance and repairs including but not limited to the following allowable
services: general repairs, plumbing, carpentry, HVAC, minor construction (protects less than $50,000, unless
approved by the City Commission), flooring, painting, waterproofing, etc. When necessary, the shop or conshuction
drawings may be included in the definition of allowable services. A listing of facilities is attached hereto, The City's
facilities are categorized into one of the following zones.
Zone 1: South Beach (From Government Cut to Dade Blvd excluding Zone 4)
Zone 2: Middle Beach (From Dade Blvd to 63'd ST excluding Zone 4)
Zone 3: North Beach (From 63,0 ST to 87m Ter. excluding Zone 4)
Zone 4: Beach (From Government Cut to 87tn Ter. & to the East of Ocean Dr. & Collins Ave.)
The Contractor must provide management, supervision, labor, materials, equipment, shop or construction drawings
(if applicable) and supplies and shall be responsible for the efficient, effective, economical, and satisfactory
operation, scheduled and unscheduled maintenance, and repair of equipment and systems for the assigned
facilities.
IT The tentative schedule for this solicitation is as follows:
ITN lssued
Pre-Proposal Meeting
Deadline for Receipt of Questions
Proposals Due
Evaluation Committee Review
Proposer Presentations
Tentative Commission Approval Authorizing Negotiations
Contract Negotiations Following Commission Approval
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4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
Joe V. Rodriguez, CPPB, FCCM
Telephone:
305-673-7490, EXT 6263 ioerodriquez@miamibeachfl.qov
Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.qov;
or via facsimile: 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3.
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-Proposal meeting or
site visit(s) may be scheduled. The details of pre-submittal meeting or site visit(s), if necessary, will be noted in
Appendix B, Minimum Requirements and Specifications.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). 0nly questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library,municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City 0f Miami Beach website:
htto :iiweb. miamibeachfl.qov/procuremenUscrol l. aspx?id=235 1 0
.CONE OF SILENCE
oPROTEST PROCEDURES
.DEBARMENT PROCEEDI NGS
.LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES....
.CAMPAIGN CONTRIBUTIONS BY VENDORS
oCAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
tssuEs.,.... .
oREQUIREMENT F0R CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS .....
oLIVINGWAGEREQUIREMENT. . . . . .
oPREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES
.FALSE CLAIMS ORD|NANCE....
.ACCEPTANCE 0F GIFTS, FAVORS & SERV|CES...,
CITY CODE SECTION 2486
CITY CODE SECTION 2.371
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2-406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2-373
CITY CODE SECTIONS 2407 THROUGN 2.410
CITY CODE SECTION 2-374
CITY CODE SECTION 7O-3OO
CITY CODE SECTION 2449
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9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of Proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the Proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. 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.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission that negotiations be
approved with one or more Propose(s) s/he deems to be in the best interest of the City or may recommend rejection
of all Proposals. The City Manager's recommendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will commence.
The City reserves the right to make an award by zone, by multiple zones, or in its entirety to one or more contractors.
ln determining zone assignment, the City may: select the propose(s) deemed most qualified for any particular
zone(s); select the propose(s) deemed to be in the best interest of the City for any particular zone(s); or, (during
negotiations) request best and final offers from the contractors selected for negotiations for any particular zone(s).
The City may also award primary, secondary and tertiary contractors for each zone. The determination of the City
Manager or City Commission as to zone assignment shall be final and binding on all parties. The zones are as
follows:
Zone 1: South Beach (From Government Cut to Dade Blvd excluding Zone 4)
Zone 2: Middle Beach (From Dade Blvd to 63rd ST excluding Zone 4)
Zone 3: North Beach (From 63ro ST to 87th Ter, excluding Zone 4)
Zone 4'. Beach (From Government Cut to 87ttt Ter. & to the East of Ocean Dr. & Collins Ave.)
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all Proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all Proposals within one-
hundred twenty (120) calendar days after Proposals opening date. A Proposer may not withdraw its Proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Proposals opening.
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14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
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,
15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City,
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this lTN. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
submitted in a format consistent with the Purchase Order,
20. 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.
21. MANNER OF PERFORMANCE. Proposer agrees to perform lts duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
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and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, andior agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANT!-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City,
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City,
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the
contract, including any or all of its right, title or interest therein, or hisiher or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
26. 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.
27. 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.
28. VOLUME 0F WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. 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
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The solicitation; then
The Propose/s Proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s.24(a), Art. 1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 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 contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency,
33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposalto replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO lTN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this lTN, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as
c.
D.
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said term and/or condition was originally set forth on the ITN).
35. ACCEPTANCE 0F GIFTS, FAVORS. SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Page lntentionallv Left Blank
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SECTION ()3()O PROPOSAL SUBM]TTAL INSTRUCTIONS AND FORMAT
1. SEALED PROPOSALS.One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rgected.
2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. Any Proposal
received after the deadline established for receipt of Proposals will be considered late and not be accepted
or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or
otherwise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Ceftification, 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
established in Appendix C, Minimum Requirements and Specificati
ce & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No Proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet, The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPorta!?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at 800-424-2495.
ITN 201 5-090:JR r0
128
of Services
Submit detailed information addressing the services the Proposer is offering and how those services will achieve
the requirements of the scope of services and technical requirements outlined in Appendix C, Minimum
Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a fullv review and score the orooosed scope of services.
h and Methodol
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: staffing plan, ability to self-perform the
work, any sub-contracting requirements, contract management, reports, quality control and risk mitigation options
on time and within
al
Submit a Cost Form
Note: After Proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (includlng, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
r N 20 t5-O90:JR tl
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fr,l, if,,i',r,t, i BEAC H
SECTION O4OO PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of Proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the Proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all Proposals received, with or without conducting interview sessions; or. review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Cost Proposal
25
25
Veterans Preference
4. Cost Proposal Evaluation. The cost Proposal points shall be developed in accordance with the following
formula:
Samole Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of Proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $ 100.00 20 $100 / $100 X20 = 20 20
Vendor B $150.00 20 $100 / $150 X 20 = 13 13
Vendor C $200.00 20 $100 I $200 X 20 = 10 10
rTN 20r5-090-]R t2
130
,nrl,Ipy\,r,',i BEACH
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step '1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results,
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 15 't2
Total 't02 89 78
Rank 1 2 3
r N 20 t5-09O-lR t3
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APPENDIX A
MIAMIBTACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
FACILITIES MAINTENANCE SERVICES
2015-090JR
PROCUREMENT DIVISION
I200 Convention Center Drive
Miomi Beoch, Florido 33139
rN 20r5090jR t4
132
Solicitation No:
201 5-090-JR
Solicitation Title:
Facilities Maintenance Services
Procurement Contact:
Joe V. Rodriquez, CPPB, FCCM
Tel:
305 673.7000 x.6263
Email:
ioerodrio ueztOmiamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation.
FIRM NAME:No of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAIUE(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
AUUUUNI KtsP tsMAIL:
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 conhact requirements.
rTN 20 r 5-090-JR r5
133
'1 Veteran Owned Business. ls Proposer claiming a veteran owned business status?f--l vrs l--_l ruo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
2. Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling,andchild)whoisalsoanemployeeoftheCityofMiamiBeach, Proposersmustalsodisclosethenameof
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
3. 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.
4. 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 pq[!!c sector agency?
l__l ves [-_l ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws,
as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable
provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest as defined in solicitation. For each individual or entity with a conkolling financial interest indicate whether or not each
individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of
Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the City
shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its
response or within five (5) days upon receipt of request. The Code shall, at a 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 ol
Ethics, available at www.miamibeachfl .gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall
be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:o the hourly living rate will be $11.62/Hour with health benefits of at least $1.69/Hour, and $13.31/Hour without
benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labo/s
r N 20 r5-09O-lR t6
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Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may fufter subject Proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requirement is
available at www.miamibeachfl .gov/procuremenV.
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 full time 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?f--l ves [__--] t'to
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 f--l rrro
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family 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.
9. Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s.287.017 for CATEGORY TWO for a period of 36 months following the date of
r N 20 r5-O90lR t7
135
10.
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By vi(ue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which
may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in Proposal disqualification.
lnitial to Confirm
Receiot
lnitial to Confirm
Receiol
lnitial to Conlirm
Receiol
Addendum'1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum'12
Addendum 3 Addendum 8 Addendum't3
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum'10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
r N 20 r5-O9OJR 1B
136
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
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. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to conection of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmenlin{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is kue, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the eventof a finalunappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
rrN 20r5o90JR t9
137
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 underctand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Certification, Questionnaire and Affldavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authonzed Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me who
Countyof _) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
rrN 20r5 090-jR 20
138
APPENDIX B
MIAMIBTACH
"No Bid" Form
FACILITIES MAI NTENANCE SERVICES
2015-090JR
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
rTN 201 5-090JR 21
139
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDTCATED 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 producVservice
_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: Joe V. Rodriguez, CPPB, FCCM
PROPOSAL #2015.090-JR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
il N 20 r5-09O-JR LL
140
APPENDIX C
MIAMIBTACH
Minimum Requirements,
Specificotions & Speciol
Conditions
FACILITIES MAINTENANCE SERVICES
2015-090JR
PROCUREMENT DIVISION.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
ITN 201 5-O9O:lR IJ
141
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer
shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement.
Proposers that fail to complv with minimum requirements will be deemed non-responsive and will not be
considered.
1. Proposer shall provide evidence that it has provided services similar in scope to those defined herein to at
Iast three (3) public or private sector organizations with at least 500,000 square feet in size within the
last three (3) years. For each organization, Proposer shall provide: name of organization; organization contact
name, telephone number and email address; and, a brief description of the work provided.
2. Proposer's primary account representative or project manager for the City shall have provided services
similar in scope to those defined herein to at last one (1) public sector agencies for a period of not less
than two (2) years within the last three (3) years. Provide resume of primary account representative or
project manager to include the following: name of agencies serviced; agency contact name, telephone number
and email address; and, a brief description of the work provided.
3. Proposer shall be licensed or retain within its staff a Florida licensed commercial general or building
contractor.
C2. Work Requirements.
The Contractor must provide management, supervision, labor, materials, equipment, shop or conshuction drawings
(if applicable) and supplies and shall be responsible for the efficient, effective, economical, and satisfactory
operation, scheduled and unscheduled maintenance, and repair of equipment and systems for the facilities included
herein (Appendix G). ln general, the work shall include the following:L Buildings
1. Structural (Walls, Beams, Stairs, Floors)
2. Doors, Gates, (proper operation, conditions)
3. Roof. (Gutters, Fascia, etc.)
4. Windows. (Seals, operation, condition, etc,)
5, Child care center playground equipment (all facilities equipment associated with a child care center is
included to the extent similar equipment is included for the main facility),
ll, Parks
1. Structural (Walls, Beams, Stairs, Floors)
2. Doors, Gates, (properoperation, conditions)
3. Roof. (Gutters, Fascia, etc.)
4. Windows. (Seals, operation, condition, etc.)
5. Play Ground Equipment, Training Equipment, etc.
6. Benches, Tables, Grilles, Etc.
lll. Garages
1. Structural (Walls, Beams, Stairs, Floors)
2. Doors, Gates. (properoperation, conditions)
3. Roof. (Gutters, Fascia, etc.)
4. Windows. (Seals, operation, condition, etc.)
lV. Beach
1, Lifeguard Stands (wood, hinges, skuctural)
2. Rope & Post (Condition, repairs, replacement)
3. Mobi-Mats (Condition, cleanliness, hazardous conditions)
4. Boardwalk (uplifting woods and nails, handrails, etc.)
[N 20r509GlR 24
142
5. Beachwalk (Sunken or uneven pavers, planters, columns, etc,)
6. Paper and soap dispensing equipment in restrooms.
7. Dune fencing
V. General:
Cut wood pieces for the board walk, piers and other structures.
Repairing of the city wide benches.
Mold and cast pieces to repair several wall and floor treatment.
lnstallation and Repair of bicycle stands and signs.
Construct and repair all kind of furniture like conference tables, desks, shelving and cabinets.
Welding, assemble and repair of fence sections.
Molding and fabrication of sand interceptors.
Maintain the life guard stands.
Construction of access ramps and small bridges.
Repair and installation of mobi-mats,
The City reserves the right to add or delete facilities. Additional services may be ordered at the discretion of the
Property Management for work relating to the operations, maintenance and repair or upgrade of the covered
facilities, but not covered in the basic services of the contract, as described in this document.
ln compliance with all terms and conditions of this Agreement, the Contractor shall provide those services
relating to facilities maintenance as specified herein and in any resulting agreement. As a material inducement to
the City entering into any Agreement, Contractor represents and warrants that it has the qualifications,
experience, and facilities necessary to properly perform the services required under this Agreement in a
thorough, competent, and professional manner, and is experienced in performing the work and services
contemplated herein, Contractor shall at all times faithfully, competently and to the best of its ability, experience
and talent, perform all services described herein. Contractor covenants that it shall follow the highest
professional standards in performing the work and services required hereunder and that all materials will be
of good quality, fit for the purpose intended. The phrase "highest professional standards" shall mean those
standards of practice recognized by any applicable national standard (e.9., ASTM) or one or more first-class
firms performing similar work under similar circumstances.
All work products are subject to review and acceptance by the City, and must be revised by the
Contractor without additional charge to the City until found satisfactory and accepted by City.
C2.1 Contractorwil! perform the following Maintenance Services:
A. lnterior building maintenance and repair
B. Exterior building maintenance and repair (including but not limited to roofs)
C. Building painting (exterior and interior)
D. Plumbing repairs and restorations
E. Electrical repairs and restoration
F. HVAC repairs and rehabilitation
C2.2Project Costs. Any project resulting from this solicitation shall be priced in one of the following manners,
C2.2,1 Time & Materials, Proposers shall provide hourly cost, for the categories of labor as identified on the
Cost Proposal Form. Proposer shall also provide the mark-up for any materials (e.9., building materials,
supplies or equipment) necessary for the pro1ect(s). For the purposes of this section, materials shall be
defined only as those materials which are applied to or installed as part of the project (e.9., paint,
rTN 201 s 090-jR 25
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replacement pumps, lighting, etc.) and shall remain the property of the City. Materials shall not be
defined as any equipment (e.9., hand or power tools) necessary for the contractor to complete the
work. The cost of the latter shall be borne by the Contractor.
a. Regular Hours. Regular hours shall be defined as any work performed between 7:00 a.m. and
7:00 p.m.
b. Non-Regular Hours, Non-Regular hours shall be defined as any work required by the City to be
performed between 7:00 p.m, and 7:00 a.m.
C2.2.2 Lump Sum Plus Administrative Mark-Up. For small construction or multi-discipline construction
projects, the City may require the contractor to provide project pricing based on lump sum plus mark-
up. ln doing so, the contractor shall solicit at least three (3) quotes for each trade or discipline required.
The contractor shall select the lowest priced quote meeting all requirements. When the lowest priced
quote is not selected, the reasons for doing so must be substantiated and provided to the contract
manager. The project cost shall be defined as the sum of all trades or disciplines plus the
Administrative Mark-up. No further charges will be allowed for the project unless a change order is
issued by the City. The Administrative Mark-up shall be applied in accordance with the following project
complexity matrix:
1. Greater Than Average Complexity: Complex repairs or renovations that will involve major
systems or sensitive site conditions.
2. Average Complexity: Routine maintenance and repairs with some major systems involvement or
possible sensitive site conditions.
3. Less Than Average Gomplexity: Routine maintenance and repairs without major systems
involvement or other sensitive site conditions,
The Contractor and the City's Contract Manager shall consider each site condition prior to the
determination of complexity. The City's Contract Manager decision as to the level of complexity shall be
final and binding on both parties,
C2.3 Approval Thresholds for Lump Sum Plus Administrative Mark-up Projects.
o Project with costs equal to or less than $25,000 may be approved by the Project Manager.. Project with costs equal to or less than $250,000 may be approved by the City Manager.o Projects with cost exceeding $250,000 must be approved by the City Commission.
C2.4 Exclusions. The following items are excluded from the scope of this project, unless approved in writing by the
City,
1. Fire protection and life safety systems and equipment.2. Maintenance of landscape irrigation systems. Locks, keycard systems, and static and dynamic bollard
systems.3. Elevator and vertical transportation systems, including locks, keycard systems, and static and dynamic
bollard systems.4. Security systems.5, Telecommunication systems.6. Equipment owned and operated by tenant agencies.
7 . Furnishings (not installed as fixtures).8. Kitchen appliances and equipment (but ductwork above the ceiling, grease traps with associated
piping, and any fire suppression or fire alarm equipment are included in the scope).9. Equipment owned by servicing public utilities.
rTN 20 r 5-090-JR 26
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10. Fitness center equipment.11, Lawn sprinkler heads.12. Locksmith services
C3. SPECIAL TERMS AND CONDITIONS.
C3.1 TERM OF CONTRACT. The term of this contract will be for three (3) years, with the City having the
sole option to renew the contract with the contractor for one-year extensions for an additional two
years. The contract is subject to and contingent upon funds being appropriated by the City Council for
each fiscal year, lf such appropriations are not made, the contract shall automatically terminate
without penalty to the City.
C3.2 ASSIGNMENT AND SUBCONTRACTORS. The experience, knowledge, capability and reputation of
Contractor, its principals and employees were a substantial inducement for the City to enter into
this Agreement. Therefore, Contractor shall not contract with any other entity to perform in whole or
in part the services required hereunder without the express written approval of the City. ln addition,
neither this Agreement nor any interest herein may be transferred, assigned, conveyed,
hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors
or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(250/o) of the present ownership and/or control of Contractor, taking all transfers into account on
a cumulative basis. ln the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or
any surety of Contractor of any liability hereunder without the express consent of City.
C3,3 NOTICE OF LABOR DISPUTE. Whenever Contractor has knowledge that any actual or potential
labor dispute may delay the award of this RFP, Contractor shall immediately notify and submit all
relevant information to the City of Bell. Contractor shall insert the substance of this entire clause in
any subcontract hereunder.
C3.4 PERFORMANCE DURING DISPUTES. Unless othenruise directed by the City Manager, successful
Contractor shall continue performance under the Agreement while matters in dispute are being
resolved.
C3.5 ASSUMPTION OF RISK OF LOSS. Unless othenrvise provided, Contractor shall have title to and bear
the risk of loss of or damage to the items purchased hereunder until they are delivered in
conformity as outlined in the RFP at the F.O.B. point specified herein, and upon such delivery
Contractor's responsibility for loss or damage shall cease, except for loss or damage resulting from
Contractor's negligence.
C3.6 ANNUAL COST ADJUSTMENT. At the request of the Contractor, the City may consider cost
adjustments for the second and subsequent years will be made to the Contractors annual prices
using the annual indexes of the "Consumer Price lndex for Miami Area as published by the U.S.
Department of Labor, Bureau of Labor Statistics. This adjustment may be made in first month of each
new contract year if agreed to by the City. lf the City denies a request for cost adjustment, the Contractor
shall be obligated to continue work at the then cunent rates.
C3.7 Records.
a. Cost Records. Contractor shall maintain all books, documents, papers, employee time sheets,
rTN 20r5090JR 27
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accounting records, and other evidence pertaining to the costs while performing under this
agreement and shall make such materials available at its office at all reasonable times during
the term of this agreement and for three (3) years from the date of final payment for inspection by
the City and copies of thereof shall be promptly furnished to the City upon request.
b. Environmental Compliance Records. Contractor shall also maintain adequate records to
demonstrate compliance with Best Management Practices and established environmental
standards.
c. lnspection of Records. The City reserves the right to audit all of the Contractor's records
related to the work performed under this contract.
C3.8 Reports and Communicationsa. lncident Reports. The successful contractor shall be required to complete "lncident
Reports" arising out of any unusual occurrences during performance of this contract. Such
reports must be submitted to City of Bell for review within forty-eight (48) hours and shall be
submitted after incidents such as complaints, requests, damaged personal and/or public
property, or environmentally sensitive discharges and observations within the public right of way.b. Accident Reports, Any vehicle accidents or personal injury occurring during or as a result of
this contract shall be reported to City of Bell by telephone immediately during normal
business hours or not later than 8:00 a.m. the following day (regardless of the amount of
damage or lack thereof) and a police report must be immediately obtained from law
enforcement agency that responded to accident, The Contractor must submit written Accident
Reports to the City within twenty-four (24) hours of any accident.c. Manaqement Reports. The Contractor shall furnish a report with each month's billing giving the
amount and type of work completed, the location of the work completed, and any and all
materials and equipment utilized in the completion of the work. The contractor will also provide
any additional reports requested by the City.
d. Criticism and lnitiative. The Contractor shall work closely with the City to make the service as
responsive, cost effective, and complaintfree as possible, Contractor shall also make
recommendations to the City for maintenance work that may be required as part of
maintenance and operations of the public infrastructure.e. Complaints. The contractor shall institute a procedure for receiving, logging and resolving
customer and citizen complaints by collecting pertinent information and deriving a resolution.
Complaints and their resolution shall be reported to the City of Bell within 10 days of their
receipt.
C3.9 PersonnelPracticesa, Fair Employment Practices. The Contractor must not discriminate in its recruitment, hiring,
promotion, demotion or termination practices on the basis of race, religious creed, color,
national origin, ancestry, gender, age or physical disability in the performance of any
Agreement with the City, and shall comply with the provisions of the State Fair Employment
Practices Act, the Federal Rights Act of 1964 and all amendments thereto, and the Americans
with Disabilities Act of 1990, Proposal shall include a brief statement of intent to comply with
the aforementioned laws,b. Safety and Training, Proposal shall include a description of a comprehensive safety plan that
the Contractor has adopted and that demonstrates the Contractor's commitment to work safety.
c. Contractor shall also comply with California Department of Motor Vehicles (DMV) " Pull
Notice" Practices Program if applicable to the operating of all equipment.d. Contractor shall comply with any mandatory drug testing procedures required by the California
rTN 201 5-O9O-lR 2B
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Department of Transportation for any employee operating a vehicle requiring a commercial
driver's license used in the provision of the services specified in this Request for Proposals.
C3.10 Equipmenta. Contractor shall furnish sufficient Equipment to permit the proper completion of the work as
specified in this Request for Proposals. Such Equipment shall comply with the rules and
standards established by the South Coast Air Quality Management District section 1186 and
1186.1 and any rules adopted during thetermof thecontract.
b. Contractor shall furnish sufficient materials to complete each maintenance, restoration, or
rehabilitation pgect to the standards acceptable to the City andto the Standards and
Specifications as identified in the latest Edition of the Uniform Building Code, Uniform Electric
Code, and Uniform Plumbing Code.
c, Telephone. Contractor shall furnish a telephone number to receive customer comments and
requests regarding the Services required in this Request for Proposals. Personnel shall be
available to answer this telephone from 7:00 AM to 6:00 PM Monday through Friday except
those days designated by the City of Bell as official Holidays.
C3.1 1 Penalties and lncentivesa. Service Complaint Penalties. Contractor will be allowed no more than three substantiated
complaints per month regarding work that has been completed by the contractor. The City
will levy a $100.00 penalty for each substantiated complaint above that threshold.b. Service lncentives.i. The City desires that the Contractor seek to optimize the provision of the services
specified herein. Should the Contractor furnish the services at a fixed unit cost less
than the bid amount, then the City and the Contractor shall split the amount of the
cost reduction fifty-fifty thereby providing the Contractor with an incentive for any
efficiency achieved,ii. The above referred efficiency shall not cause any reduction in the quality of the work to
be completed, or the safety of the public during the completion of the work,
C3.12 Equipment To Be Furnished. The Contractor is responsible to provide and maintain all equipment
needed to furnish the services specified herein comparable with the equipment currently being used in
the industry.
C3.13 Work Plan And Budget. Contractor shall meet with the Designated City Representative weekly to
discuss and establish the work schedule and priorities for the week. The work schedule may be
adjusted throughout the week to meet changing demands and budget.
C3,14 Contractor Availability. Contractor and the Contractor's crews/personnel are to act as an extension of
City staff, and as such, must be available to work nights and weekends if required.
C3.15 Licenses, Permits, Fees And Assessments. Contractor shall obtain at its sole cost and expense
such licenses and certifications as may be required by law for the performance of the services
required by this Agreement, Contractor shall have the sole obligation to pay for any fees,
assessments and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Contractor's performance of the services required by this
Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of
r N 20 r5-o9GlR 29
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City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed
against City hereunder. Contractor shall obtain all permits, to be reimbursed by the City, as
may be required by law for the performance of the services required by this Agreement.
C3.16 Care Of Work. The Contractor shall adopt reasonable methods during the life of the Agreement
to furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City, except
such losses or damages as may be caused by City's own negligence.
C3.17 Warranty. Contractor warrants all Work under the Agreement (which for purposes of this Section
shall be deemed to include unauthorized work which has not been removed and any non-
conforming materials incorporated into the Work) to be of good quality and free from any defective
or faulty material and workmanship, Contractor agrees that for a period of one year (or the period of
time specified elsewhere in the Agreement or in any guarantee or warranty provided by any
manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later)
after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by
the City of any defect in the Work or non-conformance of the Work to the Agreement, commence and
prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost
and expense. Contractor shall act sooner as requested by the City in response to an emergency. ln
addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work
(or work of other contractors) damaged by its defective Work or which becomes damaged in the
course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation
hereunder to correct defective Work shall be reinstated for an additional one year period, commencing
with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City
may require to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Agreement. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment and
materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties
and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the
City, regardless of whether or not such warranties and guarantees have been transferred or assigned
to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees,
if necessary, on behalf of the City. ln the event that Contractor fails to perform its obligations under
this Section, or under any other warranty or guaranty under this Agreement, to the reasonable
satisfaction of the City, the City shall have the right to correct and replace any defective or non-
conforming Work and any work damaged by such work or the replacement or correction thereof at
Contractor's sole expense. Conkactor shall be obligated to fully reimburse the City for any expenses
incurred hereunder upon demand. This provision may be waived if the services hereunder do not
include construction of any improvements or the supplying of equipment or materials.
C3.18 Additional Services. City shall have the right at any time during the performance of the services,
without invalidating this Agreement, to order extra work beyond that is specified in the Scope of
Services or make changes by altering, adding to or deducting from said work. No such extra work
may be undertaken unless a written order is first given by the Contract Officer to the Contractor,
incorporating therein any adjustment in (i) the Agreement Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of the Contractor, Any
increase in compensation of up to five percent (5%) of the Agreement Sum or $25,000, whichever
rTN 20r5-09GlR 30
148
is less; or in the time to perform of up to one hundred eighty (180) days may be approved by the
Contract Officer. Any greater increases, taken either separately or cumulatively must be approved
by the City Manager.
C3.19 Schedule of Performance. Contractor shall commence the services pursuant to this Agreement
upon receipt of a written notice to proceed and shall perform all services within the time period(s)
established in the "Schedule of Performance" attached hereto as Exhibit "C" and incorporated herein
by this reference. When requested by the Contractor, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one
hundred eighty (180) days cumulatively.
C3.20 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of
the services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Contractor,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars,
litigation, and/or acts of any governmental agency, including the Agency, if the Contractor shall within
ten (10) days of the commencement of such delay notify the Contract Officer in writing of the
causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if in the
judgment of the Contract Officer such delay is justified. The Contract Officer's determination shall
be final and conclusive upon the parties to this Agreement. ln no event shall Contractor be entitled
to recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.
C3.21 lnspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work
under this Agreement, either during performance or when completed. City shall reject or finally
accept Contraclor's work within forth five (45) days after submitted to City. City shall accept work by a
timely written acceptance, othenrvise work shall be deemed to have been relected. City's acceptance
shall be conclusive as to such work except with respect to latent defects, fraud and such gross
mistakes as amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of
the provisions of this Agreement including, but not limited to, Section X, pertaining to indemnification
and insurance, respectively.
C3.22 Status of Contractor. Contractor shall have no authority to bind City in any manner, or to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or othenrrrise,
unless such authority is expressly conferred under this Agreement or is othenruise expressly conferred
in writing by City. Contractor shall not at any time or in any manner represent that Conkactor or any of
Contractor's officers, employees, or agents are in any manner officials, officers, employees or agents
of City, Neither Contractor, nor any of Contractor's officers, employees or agents, shall obtain any
rights to retirement, health care or any other benefits which may othenruise accrue to City's
employees. Contractor expressly waives any claim Contractor may have to any such rights,
C3.23 Contract Manager. The Contract Manager shall be the City's representative for any resulting
agreement. lt shall be the Contractor's responsibility to assure that the Contract Manager is kept
informed of the progress of the performance of the services and the Contractor shall refer any
decisions which must be made by City to the Contract Manager. Unless othenruise specified herein,
any approval of City required hereunder shall mean the approval of the Contract Manager.
ITN 20 I 5.09G]R 3t
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C3,24 lndependent Contractor. Neither the City nor any of its employees shall have any control over the
manner, mode or means by which Contractor, its agents or employees, perform the services
required herein, except as othenruise set forth herein. City shall have no voice in the selection,
discharge, supervision or control of Contractor's employees, servants, representatives or agents,
or in fixing their number, compensation or hours of service. Contractor shall perform all services
required herein as an independent contractor of City and shall remain at all times as to City a wholly
independent contractor with only such obligations as are consistent with that role. Contractor shall not
at any time or in any manner represent that it or any of its agents or employees are agents or
employees of City. City shall not in any way or for any purpose become or be deemed to be a
partner of Contractor in its business or othenruise or a joint venturer or a member of any joint
enterprise with Contractor.
C3.25 Prohibition against Subcontracting or Assignment. The experience, knowledge, capability and
reputation of Contractor, its principals and employees were a substantial inducement for the Agency
to enter into this Agreement. Therefore, Contractor shall not contract with any other entity to perform
in whole or in part the services required hereunder without the express written approval of the
Agency. ln addition, neither this Agreement nor any interest herein may be transferred, assigned,
conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the
benefit of creditors or othenruise, without the prior written approval of Agency. Transfers restricted
hereunder shall include the transfer to any person or group of persons acting in concert of more than
twenty five percent (250/o) of the present ownership and/or control of Contractor, taking all transfers
into account on a cumulative basis, ln the event of any such unapproved transfer, including any
bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the
Contractor or any surety of Contractor of any liability hereunder without the express consent of
Agency.
C3.26 Reports, Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer shall
require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and
services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is
providing design services, the cost of the project being designed, Contractor shall promptly notify the
Contract Officer of said fact, circumstance, technique or event and the estimated increased or
decreased cost related thereto and, if Contractor is providing design services, the estimated
increased or decreased cost estimate for the prolect being designed,
C3.27 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies,
surveys, data, notes, computer files, reports, records, documents and other materials (the "documents
and materials") prepared by Contractor, its employees, subcontractors and agents in the
performance of this Agreement shall be the property of City and shall be delivered to City upon
request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have
no claim for further employment or additional compensation as a result of the exercise by City of its
full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any
use, reuse or assignment of such completed documents for other pqects and/or use of uncompleted
documents without specific written authorization by the Contractor will be at the City's sole risk and
without liability to Contractor, and Contractor's guarantee and warranties shall not extend to such
rTN 20r5-090-JR JI
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use, revise or assignment. Contractor may retain copies of such documents for its own use.
Contractor shall have an unrestricted right to use the concepts embodied therein. All
subcontractors shall provide for assignment to City of any documents or materials prepared by
them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify
City for all damages resulting therefrom.
rTN 20 r 5-090-JR
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APPENDIX D
MIAMIBTACH
Cost
FACILITIES
Proposol Form
MAINTENANCE SERVICES
2015-090JR
PROCUREMENT DIVISION.l700 Convention Center Drive
Miomi Beoch, Florido 33139
Miami Beach
rTN 201s{90-JR
AppendixD-Page'l
rrN 20r5o9olR 34
152
cosT PRoPoSAL FORM (APPENDTX D)
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the
requirements of this lTN, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be
made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a
cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall
be completed mechanically or, if manually, in ink. Cost Proposal Forms completed in pencil shall be deemed non-responsive. All
corrections on the Cost Proposal Forms shall be initialed.
Group ltem
Description
(A)
Estimated
Annual
Service Hours
(B)U/M Unit Cost
Total
(AXB)
1A Hourlv Rate - Reoular 5.000 Hourly Rate $$
1B Hourlv Rate - Non-Reoular 1,000 Hourly Rate $$
Group ltem Description
Estimated
Annual Gross
Costs
(A)
Administrative Mark-up for
Equipment and Supplies
(B)
Net Cost for
Materials
(AXB)
1C Materials $50.000 ot/o $
Administrative Mark-up
for Equipment and
Supplies
Net Cost for
Materials
Projects with Greater than
* Total Proposed Cost shall be the basis for the calculation of cost points during the evaluation process.
Company:
Authorized Representative:
Telephone:
Authorized Representative's Signature:
rTN 20 r5-0eOJR J5
153
APPENDIX E
MIAMIBTACH
lnsuro nce Requirements
FACILITIES MAINTENANCE SERVICES
201 5-090JR
PROCUREMENT DIVISION
1700 Conveniion Center Drive
Miomi Beoch, Florido 33.l39
rrN 20r5o9oJR 36
154
AAIAMIBTACH
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.
XXX 1. Workers' Compensation and Employe/s Liability per the Statutory limits of the state of Florida.
XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000,00 per occurrence for bodily
injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
-4,ExcessLiability.$-.00peroccurrencetofollowtheprimarycoVerageS.XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_.00_ Protection and lndemnity $_,00_ Employee Dishonesty Bond $_.00_ Other $_.00
XXX 7. Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating B+:Vl or better, latest edition.
XXX 9, The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
17r N 20 r5-o9olR
155
APPENDIX F
MIAMIBTACH
Listing of Focilities
FACILITIES MAINTENANCE SERVICES
2015-090JR
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
rTN 20r509OJR 3B
156
APPETIDIX F
Property Management Locations Addresses & Hours of Operation
BEACH lIAINT RESTROON,IS
\INT RFST
BEACH VIAINT
BE,\CH VIAINT
PV llST Colvllvl CENTER
Ptvl 55,i Btil
Plvl ADLIIN
P\,I {D IVI IN
PIVI.\RT FIL\,IS
PIV( ART FIL}IS
PLI BE,\CH PATROL
P\I BNI CITYWIDE
PfuI BN( SHOWER
Pfvl Blvl SHOWER
PNI BNI SHOWER
ST & OCEAN DR.RESTROOLIS
IST.FLOOR. I755 VERIDIAN
rTTH ST- IST FI-OOR
-14(nA-P\t-cAR
. I.lOOF.P!I HI JRRIC{NE
ST & OCEAN DRIVE-OFFICE/
\RD STAND- BEACH P\TROI-
! ST STREET.SHOWER/FOOTBATH
-22 t5-rRD ST-SHOWER
rTN 201s-090-JR 39
157
Property Management Locations - Hours of Operation
,,,''l'i,tr1'!:,f!.fi'!' 4'
;.;:'ffiffil11i' : :.1 .|)'i!r-r:1i.:-r,.1;,:rn
i:.::}!ii$d&(II'!t 3!t sHo\\ ER
P\r B[{ Sl{'}WFR
PlI BNI SHOIVER
PIVI CHA!IBERS
P!1 CHANIBERS
Pfvl CITY HALL
PM CIry HAI I-
Plvl CITY HALL
P\t
P\,I CITY HALL
P!I CIry
P!I
Pfvl FIRE ST\TION
P!I FI-ANII
rTN 2015-090-JR 40
158
Property Management Locations - Hours of Operation
q\{ i]!-AlIIN(;O PARK
PVI FI-fTIINCO P\RK
PVI FI-EET lICNIT
P]VI FOI]NTAINS
PVI NORTH SHORE P{RK
PLI \ORTH SHORE P{RK
PUI OTHER PARKS
PlI OTHER P\RKS
ER P{RKS
PLI OTHER P{RKS
-i i0lH-l l-li sr-NII(-
.tTi.iLETIC LEACUE I ITH.I5TH ST/I\,IICH \\/E.POI ]CE \THLETIC
- I IOIL,I I I5 ST I{IL-H AVE.FOOTBAI-I-
I l0tM-l t-15 sT-v[cH \vE,
I{O \IACARTHtJR CSW\"BAYS
BLK FOIJNT\IN - I-INCOI-N RO{D VIAt-I-
.O9O]D-LINCOI-N 7(X) FOI JNT\IN
IOOO BLK FOUNT,fIN - LINCOLN ROAD IIALL
.IVELCONIE SICN FO(JNT\IN
I]O WASHINCTON,\VENI]E-ALL FI-OORS
.l I l5-;01-7:ND ST-OF
-t I t5E-501-71ND ST
PARK {4OO CHASE \VE
. I I $,*140 HAWTHORNE \VE-STII-I-W\
\VE.TATT]IlI P\RK \T{;[I P{RK 3O5O BYRON IV
-l l.1L-159 PAt_vt Ist_.\ND-P\RK
NORfuIANDY ISI-E P{RK-I765 7I
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c4
COMMISSION COMMITTEE
ASSIGNMENTS
164
g MIAMIBEACH
City of Miomi Beoch, 1ZO0 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: REFERRAL TO THE
REGARDING FIRST
AGREEMENT
BACKGROUND
PROJECTS COMMITTEE
PARKING CONCESSIONCLASS PARKING VALET
On February 25,2009, the Mayor and Commission approved Resolution No. 2009-27017,
awarding a concession agreement to First Class Parking, lnc., to provide valet parking
services to the Miami Beach Convention Center; Fillmore Miami Beach at the Jackie
Gleason Theater; Lincoln Road; and other City property, as required. The initial term
commenced on October 1 ,2010 and expired on September 30, 2013. A two-year renewal
option was exercised and commenced on October I ,2013, and expires on September 30,
2015.
ANALYSIS
Valet parking is an integral component on the menu of parking options. The two-year
renewal option with First Class Parking is set to expire on September 30, 2015, and there
are no renewal options available.
As we know, the Miami Beach Convention Center (MBCC) will experience an unprecedented
multiple year renovation project. The Administration is seeking guidance as to how to
proceed with regard to valet parking service during MBCC's renovation. The options
available are: (1) issue a Request for Proposals (RFP) for valet parking services in order to
award timely and ensure continuous service; (2) approve a waiver of competitive bidding and
award the current provider with a term consistent with the substantial completion the MBCC
renovation project.
CONCLUSION
The Administration is seeking direction from the Finance and Citywide Projects Committee
regarding this item.
,r*,&r,"&
Agenda ttem C{A
Date l-lU-/f
T:\AGENDA\2015\JAN 14201S\ReferralFCWPCFirstCtassParkingJanl420l5.cme.doc
165
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166
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: .Jonuory 5, 2O1 5
SUBJECT: Referrol to Finonce - Discussion Re: lmplementotion of o Controctor
Prequolificotion Progrom to Expedite lnfrostructure lmprovements
Pleose ploce on item on theJonuory 14,2015 commission ogendo for referrol to the
Februory 2, 2Ol5 Finonce & Citywide Pro]ects Committee to discuss implementing o
controctor prequolificotion progrom in on effort to expedite infrostructure improvements.
Controctor prequolificotion progroms ore used extensively by public sector ogencies to
provide o formol, comprehensive method of ossuring controctors meet certoin required
criterio (".g., licensure, finonciol copocity, sotisfoctory post performonce, etc.) prior to
the receipt of bids. Prequolificotion progroms help expedite projects becouse much of
the necessory due diligence is completed prior to the receipt of bids.
lf you hove ony questions pleose contoct Louren Corro ot extension 6528 or
Lo urenCorro@m io m ibeochfl. gov.
We ore committed to providing excellent publrc seruice ond sofely to oll who live, work, ond ploy in our vibront, tropicol, histnrie eommtnitu
Asenda ltem C?B
DateT--|rc167
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168
r ^-. --. o,
f/-,..-
'r915 . ?0r 5
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochf .gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
City C(mmission
SUBJECT: REFERRAL TO THE FINANCE A D CITYWIDE PROJECTS COMMITTEE _
CHANGES TO THE RESORT TA)(UALIW OF LIFE FUNDING ALLOCATIONS
As part of the FY 2013/14 budget adoption, a fifth category for Transportation was created
from the Quality of Life resort tax funds in addition to the existing allocations for arts and
tourism-related capital projects in North, Mid, and South Beach. Currently, the allocations
foreach category are20o/o. Administration is proposing potential changes to the allocations
to provide additionalfunding forTransportation to increase the capacityof the trolleysystem.
This item is proposed to be discussed atthe next Finance and Citywide Projects Committee
meeting scheduled for February Sth.
JLM/JW
@
the
Aoenda ltem CVC +--s- oate-/'/w-{169
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170
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Me of the C Commission
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manag
January 14,2015
AND 23Ro STREET (ATLANTIC AVENUE)
BACKGROUND
On May 3,2012, the City of Miami Beach entered into an architectural design contract with premier
architect Zaha Hadid Limited and Berenblum Busch Architecture lnc., for these firms to design the
proposed Collins Park Garage. The Garage has been designed with retail on the first floor, and upper
levels with public parking spaces. The City owns the properties upon which the garage will be built,
including lots 7, 9, and 11 of Block 2 of the Amended Map of the Ocean Front Property of the Miami
Beach lmprovement Company (Plat Book 5, Page 7); and Lots 1, 3, 5, 7 and 9 of Block 1 of the
Amended Map of the Ocean Front Property of the Miami Beach lmprovement Company (Plat Book 5,
Page 7). Between blocks 1 and 2 is Liberty Avenue, a 50 foot wide public right-of-way consisting of
approximately 12,500 square feet (Exhibit A).
ANALYSIS
The City's Capital lmprovement Projects Office reviewed the proposed architectural plans with
planning, public works, the fire department, and the building department. The architectural design
includes the development of a pedestrian plaza within Liberty Avenue between 22nd Street and 23'd
Street. The parking garage structure also encroaches into Liberty Avenue and the air rights above
Liberty Avenue are being utilized by the parking structure to cross over from Block 1 onto Block 2
(Exhibit B). ln order for the proposed parking garage structure be able to obtain a building permit, the
rightof-way needs to be vacated. As LibertyAvenue has been contemplated to be a pedestrian public
plaza, with no vehicular access, and as the City owns all the parcels adjacent to Liberty Avenue
between 22nd and23'd Streets (the City owns lots 'i-t O on Block 1 and owns lots 7, g,11,4, 6, 8, 10 and
12 of Block 2), should Liberty Avenue be vacated, title to the vacated right-of-way would transfer to the
adjacent property owners, which would be the City of Miami Beach, and if required, utility easements
could be granted.
Pursuant to Section 82-36 through 82-40, of the City Code, the City Commission is to hold two separate
meeting dates, one of which is to be accompanied with a duly noticed public hearing in order to obtain
citizen input into the proposed vacation, and also requires the review of the Finance and CiVwide
Projects Committee (FCWPC). As such, the first step is to refer the vacation to the FCWPC.
CONCLUSION
The Administration recommends referral to the Finance and Citywide Projects Committee meeting of
February 2,2015 for review.
Exhibit A - Prolect Survey
Exhibit B - Proposed Project Ground Floor Plan
JLM/MT/DM
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173
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174
b:MIAMIBEACH
City of Miomi Beoch, lZ00 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBIECT:
COMMITTEE MEETING TO DISCUSS CONCEPTUAL IDEAS RELATING TO
MONUMENT ISLAND
The Administration is requesting a discussion item be referred to the February 27, 2015
Neighborhood/Community Affairs Committee meeting concerning conceptual ideas for the future of
Monument lsland.
T:\AGENDA\20 1 S\January\Referral to NCAC to discuss Monument lsland.doc
Agenda ltem
:Date
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
January 11,2015
f the City Cflmmission
cqEt-175
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176
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December3}th,2Ol4
SUBJECT: Referral to the Neighborhoods/Community Affairs Committee "Mind Your Block"
Program
Please place on the January 14th City Commission Meeting Agenda a Referral to the
Neighborhoods/Community Affairs Committee "Mind Your Block" program. The program is
an initiative to encourage residents and businesses to take ownership of their specific block.
This would include among other things trash, dog waste, noise, suspicious vehicles and
activity.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commiffed to providing excellent public service ond sofefy to oll who live, work, ond ploy in our vtbront', tropicol, historic community.
Agendaltem CYF
oate t- l4-l{177
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178
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
Jimmy L. Moroles, City Monoger
Joy V. W. Molokoff, Commissioner
Jonuory 6, 2015
Request for o Discussion to lnclude Restrooms ond Storoge Building in the
First Phose of the Altos Del Mor Pork Plon for Referrol to the next
Neighborh oods/ Community Affoirs Meeting
Pleose ploce the obove item on the Jonuory 14, 201 5 City Commission Meeting
Agendo.
lf you hove ony questions, pleose contoct my Aide, Bonnie Stewort of extension 6722.
JVWM
We ore commilled to providing excellent public servtce ond sofeitT lo oll whc live, work, ond ploy in our vtbranf , t'ropicol, hisloric communilv.
Agenda ttem CY G__g__._ *,TTWT,179
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180
MIAMIBEACH
City of Miomi Beoch, 1200 Convention Center Drive, Miomi Beoch, Florido 33.I39, www.miomibeochfl.gov
COAAMISSION MEMORAN DUM
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENTS TO CHAPTER 6, CHAPTER 114, AND GHAPTER
142 OF THE CITY CODE MODIFYING AND GLARIFYING DEFINITIONS,
REGULATIONS AND REQUIREMENTS FOR ALCOHOLIC BEVERAGE
ESTABLISHMENTS AND AGCESSORY USES, AND MODIFYING THRESHOLD
STANDARDS FOR NEIGHBORHOOD !MPACT ESTABLISHMENTS
ADMI NISTRATION REGOMMENDATION
Refer the proposed Ordinance Amendments to the Planning Board for consideration and
recommendation.
BACKGROUND
On July 9,2014, the Land Use and Development Committee (LUDC) proposed amendments to the
City Code pertaining to allowable Accessory Uses and Neighborhood lmpact Establishments as
part of a discussion of the following items:
1. Alcoholic Beverage Establishments (Chapter 6);
2. Requirements for determining the size and square footage of "Accessory Uses" in relation
to the main permitted use; and
3. The clarification of threshold standards for Neighborhood lmpact Establishments.
On July 23, 2014, the Mayor and the City Commission referred to the Land Use and Development
Committee (ltem C4K) for further discussion proposed amendments to the City Code pertaining to
the items listed above. On December 10, 2014, the Land Use Committee recommended thatthe
City Commission refer the subject Ordinance Amendments to the Planning Board.
The current sponsor of the proposed Ordinances is Commissioner Joy Malakoff.
BACKGROUND / ANALYSIS
Staff has identified areas of the alcoholic beverage section of the City Code (Chapter 6) that are in
need of updating and clarification. As part of this analysis, the applicable sections of Chapter 142,
pertaining to zoning districts and accessory use regulations were examined. The changes
proposed herein would eliminate contradictions within Chapter 6 regarding hours of operation and
would better coordinate with existing regulations located in the Land Development Regulations
(LDR's). Finally, standard language for all alcoholic beverage establishments has been proposed
regarding neighborhood compatibility, as well as extra security requirements in commercial areas
Agenda ttem CUH
Date l-lg-lS -
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
City
181
Commission Memorandum
Referral to Planning Board - Alcoholic Beverage Ordinance
January 14, 2015 Page 2 of 2
and mixed use entertainment zoning districts.
ln addition to consolidating all the provisions for alcoholic beverage establishments into Chapter 6
in regards to location, hours, and areas, the proposed legislation also relocates the applicable
alcoholic beverage sections from the LDR's to Chapter 6. For clarification purposes, permitted
alcoholic beverage uses have been included in each individual zoning district in Chapter 142 of lhe
LDR's.
ln the process of identifying additional definitions that needed updating and clarification in Chapter
6, staff also identified definitions to update and clarify in Chapter 114 of the LDR's. Finally,
language that clarifies thresholds for accessory uses, and neighborhood impact establishments by
their overall size, instead of the occupant content, and provides criteria to be used when there are
multiple establishments on the same property is also proposed.
SUMMARY
Below is a summary of the proposed changes within the attached Ordinances:
1. Consolidating all alcoholic beverage regulations into one chapter (Chapter 6);
2. Adding applicable alcoholic beverage establishment uses in the individual zoning districts
(Chapter 142);
3. Adding a definition of accessory use based on a percentage of the floor area of the main
use (Chapter 142);
4. Clarifying the thresholds for neighborhood impact establishments (Chapter 142);
5. Providing criteria for multiple alcoholic beverage establishments and/or entertainment
establishments on one property;
6. Adding neighborhood compatibility requirements for all alcoholic beverage establishments
instead of only having extra requirements for projects that go before a land use board;
7. Adding extra security requirements for alcoholic beverage establishments in commercial
and mixed use districts;
8. Modifying the hours of operation for all alcoholic beverage establishments operating South
of Fifth Street and within close proximity to residential uses;
9. Adding a prohibition on retail alcohol sales in residential districts;
10. Clarifying the accessory use percentages applied to outdoor areas;
11. Creating a waiver for NIE's in the Convention Center zoning district (CCC);
12. Clarifying the definitions for certain types of transient uses that have allowable accessory
uses (e.9.'Apartment-Hotel').
13. Better defining what types of 'Accessory Uses' are permitted within hotels located in
residential districts.
ln addition to the foregoing, the draft Ordinances attached also include modifications
recommended by the Land Use Committee on December 10,2014.
CONCLUSION
ln accordance with the December 10, 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.
JNMlTffi
T:\AGENDA\201SUanuary\Referral to Planning Board - Alcohol Ordinance MEMO.docx
182
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A - GENERAL
ORDINANCES, CHAPTER 6 "ALGOHOLIC BEVERAGES" OF THE GODE OF
THE CITY OF MIAMI BEACH, AMENDING SUBPART B . LAND
DEVELOPMENT REGULATIONS CHAPTER 142 ARTICLE II. . DISTRICT
REGULATIONS, DIVISION 20. . TC NORTH BEACH TOWN CENTER
DISTRICTS, ARTICLE V. . ARTICLE V. . SPECIALIZED USE REGULATIONS
DIVISION 4. ALGOHOLIC BEVERAGES TO ENSURE THAT ALL
REGULATIONS RELATING TO ALCOHOL REGULATION ARE IN ONE
LOCATION; REMOVING ALL REGULATION OF ALCOHOLIC BEVERAGE
ESTABLISHMENTS FROM GHAPTER 142 AND PLACING THOSE
PROVISIONS lN CHAPTER 6; PROVIDING FOR DEFINITIONS; HOURS OF
OPERATION; DISTANCE SEPARATION; MINIMUM SEATS AND HOTEL
ROOMS; PROVIDING FOR NEIGHBORHOOD COMPATIBILIil CRITERIA;
PROVIDING FOR ENHANGED SECURITY PROVISIONS FOR CERTAIN
DISTRICTS WITH ALCOHOL ESTABLISHMENT USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Alcoholic Beverages are addressed in Chapters 6, entitled "Alcoholic
Beverages," and in Chapter 142 entitled "Zoning District Regulations"; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear
and concise and in one location of the code that is logical and convenient to user; and,
WHEREAS, the amendment set forth below is necessary to accomplish the
objectives identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 6, "Alcoholic Beverages" is amended, as follows:
Section 6-1. Purpose.
To achieve the purposes of this Chapter and to provide for the general welfare and safety of the
public, it is necessary that regulations be established relating to the location, size and hours of
operation, and patron age of uses that permit the sale and consumption of alcoholic beverages.
Section 6-2. Licenses.
(a) No vendor shall sell or distribute any alcoholic beverages without securing a license from
the Florida Division Of Alcoholic Beverages And Tobacco Of The Department Of Business
And Professional Regulation-ef{he*te ("State License"). A service charge as specified in
Appendix A shall be paid by an applicant requesting the review of an application to the state
for an ahene$e+everage State lLicense. The purpose of this charge is to defray the cost to
the City for the verifieatien ef a eerreet
preximity te plaees ef wership and/er seheels review of the reoulations enumerated in herein
Chapter 6, ien and any other zoning inspection
and/or review that may be applicable to the review of such an application.
183
(b) Censideratien ef a request fer a private elub Cenditienal Use permit; ineluding the heurs ef
ines-as
Sec. 6-3. Hours of Sale@!g!!6.
(a) The hours of sale of alcoholic beverages, whether as a perml
shall require a State License. and shall be according to the following schedule, except as
may be otherwise provided pursuant to subsection (7) (Q):
(1) Retail stores for package sales only- off premises consu. Vendors
in mav
make sales of alcohol between the hours of 8:00 a.m. and midnight en-eny+ay-e++ne
week.
(2) Retail stores, including grocery, --aRC-convenience stores, and gasoline
service/filling stations - off premises consumption,
t*se+which primarily offer for sale products other than alcoholic beverages may make
sales of beer and wine in-sealed-+entainers-between the hours of 8:00 a.m. andmidnight@.
(3) All establishments with state licensure lieensed as an alcoholic beverageestablishments@-onpremiseconsumptiononly,eithe++s
ien
@in mav make sales of alcohol between the hours of 8:00 a.m.
and 5:00 a.m. en any day ef the week,
a. Restaurants with full kitchen facilities, serving full meals, Iicensed as
alcoholicbeverageestablishments@,butnotoperatingas
dance halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants with full kitchen facilities, serving full meals, licensed as
alcoholicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m., and dancing and
entertainment shall not be conducted between the hours of 5:00 a.m. and 10:00
a.m.
c.otheralcoholicbeverageestablishments@,not
containing restaurants with full kitchen facilities, shall close at 5:00 a.m. and_keep
remain closed. the place ef busine al{ow--any No patron or other
persons, other than those employed by the vendor EAy;-4e-remain on the
premises therei+between the hours of 5:00 a.m. and 8:00 a.m.
Nete, Fer purpeses ef this seetien; full kitehen faeilities shall mean having eemmereial
184
must eentain grease trap intereepters' and meet all aBBlieable City' eeunty and
stat*ed€sr
(4) Off-premises package sales associated with alcoholic beveraqe establishments
other than retail stores shall be permitted between the hours of 8:00 a.m. and {{+o0p+ midniqht. fer all establishments lieensed as aleehelie beverage establishments,
(5) Consideration of a request for a private club Conditional Use permit, includino the
hours of operation. shall be pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191 et seq. in
er aeeessery use; shall be eensidered pursuant te subseetien 6 2(a), Hours of operation
and the consumption of alcoholic beverages will be considered between the hours of
8:00 a.m. and 5:00 a.m., Monday through Sunday, provided that service is made only to
members and guests of members as provided under the ++*rs+rant-te Florida Statutes.
However, any private club permitted to remain open after 2:00 a.m. shall purehase-an
extra heurs lieense a provide for security in its premises by hiring private
security guards or off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m.
each day. Private clubs securing a State Llicense frem the state Divisien ef aleehelie
@bycomplyingwiththerequirementsofFlorida'Statute.s561.20
for racquetball, tennis or golf course facilities may admit members at any time for use of
such facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unlesssuchprivateclubistheholderofanextra-hoursand
complies with the above requirements.
the City may initiate preeeedlngs te reveke the Certifieate ef Use; eeeupatienal lieense er
vielatiens may be punished as seeend degree misdemeaners' as previded in F,S, SS
775,882 and775,883,
(6) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages (i) until 7:00 a.m. on January 1 (New
Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on Monday if the day that is
observed as a national holiday for New Year's Day is on Monday, and (ii) until 7:00 a.m.
during certain major event days or weekends as may be designated by the City
Commission or as may be designated by the City Manager following approval by the City
Commission, under the following conditions:
a. The police department and the code compliance Division of the City must
be notified by a letter, received no later than 15 business days prior to either (a)
January 1 or (b) the day on which alcohol sales are to be extended, stating that
the alcoholic beverage establishment intends to serve alcoholic beverages for
on-premises consumption until 7:00 a.m.;b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;c. There are no pending City Code violations against the alcoholic beverage
establishment;d. No delinquent or past due monies are owed to the City;
185
e. Outdoor entertainment or open-air entertainment is not allowed;f. No violation of the City's noise ordinance shall be permitted;g. No violation of the approved fire code occupancy load shall be permitted;
h. All required City permits and licenses are current;i. The State License is current; andj. Any other conditions required by the City Manager in order to protect the
public health, safety, or welfare.
A Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until 5:00
a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first day of
daylight savings time in the spring.
(g) Alcoholic beveraoe establishments located in the Performance Standard Districts
south of Fifth Street shall complv with the area and hours restrictions listed hereinafter
unless a Conditional Use is obtained pursuant to the section 1 18-191 , et seq.:
a. Anv open area above the qround floor shall not operate within the hours
of 8.00 p.m. and 10:00 a.m.
b. Anv oround floor outdoor or open area of an alcoholic beveraoe
establishment in a Residential Performance Standard District shall not operate
within the hours of 11:00 p.m. and 8:00 a.m.. Sundavs throuqh Thursdavs: and
within the hours of 12:00 p.m. midnioht and 8:00 a.m.. Fridavs and Saturdavs.
Sidewalk cafes mav not operate within the hours of 8:00 p.m. and 8:00 a.m.,
Sundavs throuqh Thursdavs: and within the hours of 10:00 p.m. and 8:00 a.m.,
Fridavs and Saturdavs.
c. Anv oround floor outdoor or open area of an alcoholic beveraoe
establishment_otsidewalk caf6 in a Commercial Performance Standard District
shall not operate within the hours of 2:00 a.m. and 8:00 a.m.
d. Anv oround floor outdoor or open area of an alcoholic beveraqe
establishment in a Commercial Performance Standard District that is within 100
feet of a propertv with a residential unit shall not ooerate within the hours of
11:00 p.m. and 8:00 a.m. Sundavs throuoh Thursdavs. and within the hours of
12:00 p.m. midniqht and 8.00 a.m. Fridavs and Saturdavs. and sidewalk cafes
within the hours of 8:00 p.m. and 8:00 a.m. Sundavs throuoh Thursdavs. and
within the hours of 10:00 p.m. and 8:00 a.m. Fridavs and Saturdavs.
(9) Alcoholic beveraoe establishments located in the North Beach Town Center and shall
not offer for sale the on-premises consumption of alcoholic beveraoes within the areas
and durino the hours listed hereinafter unless a Conditional Use is obtained pursuant to
the section 118-191. et seo.:
a. ln the TC-1 district. anv accessorv outdoor bar counters shall not be
operated or utilized between midnioht and 8:00 a.m.: however, accessorv
outdoor bar counters located within 100 feet of an apartment unit mav not be
operated or utilized between 8:00 p.m. and 8:00 a.m. However, outdoor
restaurant seatinq. not exceedino 40 seats, associated with indoor venues mav
186
be permitted in anv open area above the qround floor until 8:00 p.m. with no
backoround music (amplified or nonamplified).
b. ln the TC-3 (c) district. anv alcoholic beveraqe establishment shall be
limited to beer and wine and close no later than 42 midniqht. subiect to limitations
established in the Conditional Use Process.
(10) The Citv Manaqer mav suspend the provisions of subsection (6) at anv time to
protect the public health. safetv, or welfare.
(b) ViolaflonVSpecial Masfer. Upon a findinq bv the special master that a violation of this
section has occurred. the Citv mav initiate proceedinos to revoke the Certificate of Use.
occupational license business tax receipt, or Certificate of Occupancv of the violator. ln
addition, this section mav be enforced and violations mav be punished as second deqree
misdemeanors. as provided in Florida Statutes Q$ 775.082 and 775.083.
Section 6-4. Location and use restrictions.(a) Generally. The following location and use restrictions are applicable for facilities selling or
offering alcoholic beverages for consumption:
(1) Educational facilities. No alcoholic beverage shall be sold or offered for
consumption in an alcoholic beveraoe establishment, includinq bottle clubs, in+
Gemmer€ia}-use within 300 feet of any property used as a public or private school
uses in the eivie and eenventlen eenter (CCC) distriet; hespital (HB) distriet er within 300
a. Restaurants operatinq with full kitchens and servino full meals for
consumption on the premises:
b. Civic and Convention Center (CCC) district;c. Hospital (HD) district: andd. Within 300 feet of a marina.
(2) Places of worship. No alcoholic beverage shall be sold or offered for
consumption in a eemmereial use; exeept in restaurants fer eensumptien en the
pr€mise€r in a alcoholic beveraoe establishment, includino bottle clubs. within 300 feet of
any property used as a place of worship, exceot in restaurants operatinq with full
kitchens and servino full meals for consumption on the premises.
(5) Filling station. No liquor as defined bv Florida Statute $ 568.01 shall be sold or
offered for consumption on or off the premises of any filling station.
ip=
(b) Determination of minimum distance separation.
187
(1) For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the main entrance or exit in which the
use associated with alcoholic beverages occurs to the nearest point of the property used
for a public or private school. ln cases where a minimum distance is required between
two uses associated with the alcoholic beverages for consumption on or off the premises
other than a public or private school, the minimum requirement shall be determined by
measuring a straight line between the principal means of entrance of each use.
(2) When a distance separation is required, a scaled survey drawn by a registered
land surveyor shall be submitted attesting to the separation of the uses in question. This
requirement may be waived upon the written certification by the planning anO+ning
director that the minimum distance separation has been met.
(c) Variances. Variances to the provisions of this section may be granted pursuant to the
procedure in section 1 18-351 . et seq.
Section 6-6. Minimum seats and hotel room requirements:
Vendors shall be permitted to sell alcoholic beveraoes within zonino districts if such district
permits as a permitted main use or accessorv use one of the followino: Restaurant. bar.
alcoholic beveraoe establishment, outdoor cafe. private club. hall for hire or oolf clubhouse
pursuant to the followinq standards:
(Q Permifted main uses:
a. Restaurants. alcoholic beveraoe establishments. and private clubs shall
be permitted to sell alcoholic beveraoes for consumption on the premises based
upon the followino: when beer and wine are served a minimum of 30 seats shall
be provided: and when, beer. wine and liquor are served, a minimum of 60 seats
shall be provided.
b. Outdoor cafes. when visible from or facinq a public street and associated
with (a) above. shall have a minimum of 20 seats in order to be permitted to sell
alcoholic beveraqes for consumption on the premises.
c. Outdoor cafes. when not visible from or on a public street, allev. or wav,
and associated with (a) above. shall have no minimum seatinq requirement and
shall be permitted to sell alcoholic beveraqes onlv for consumption on the
premises.
d. Golf clubhouse located on a qolf course shall be permitted to sell
alcoholic beveraoes onlv for consumption on the premises.
tA Accessory uses. Hotels, aoartment-hotels, or apartments. shall be permitted to
have accessorv uses on site. which sell alcoholic beveraoes pursuant to the following
minimum standards:
188
a. Bars, alcoholic beveraqe establishments. restaurants, or private clubs
which have a minimum of 40 seats shall be permitted to sell alcoholic beveraoes
for consumption on or off the premises.
b. Outdoor cafes when visible from a public street which have a minimum of
20 seats are permitted to sell alcoholic beveraoes for consumption onlv on the
premises.
c. Outdoor cafes when not visible from a public street. allev. or wav. shall
have no minimum seatino requirement and shall be permitted to sell alcoholic
beveraqes onlv for consumption on the premises.
d. Golf clubhouse: when located on a oolf course. the sale of alcoholic
beveraqes is permitted onlv for consumption on the premises.
e. Hotels. when requestino a "S" Class State License shall be required to
demonstrate that thev complv with all applicable Florida Statutes.
Section 6-7. Exemptions.(a) Notwithstandino anv other provision of this Chaoter. the sale of beer for off-premises
consumption bv a vendor licensed bv the State shall be exempt from the reoulations in Section
6-4. and Section 6-6. However. the sale bv such vendor of alcoholic beveraqes other than beer
and of beer for on-premises consumption shall be conducted in accordance with the provisions
of Section 6-6.
(b) Nothino herein shall be construed to restrict sales of alcoholic beveraoes in the Civic and
Convention Center District or Government Use Districts.
Section 6-8. Neiqhborhood Compatibilitv Requirements.
Under the provisions of this Chapter, a new Certificate of Use and/or Business Tax Receipt shall
not be issued for anv alcoholic beveraqe establishment, without submittino evidence of
comolvino with the followino requirements:
(1) All alcoholic beverase establishments shall have a litter abatement proqram.
certified bv the Division of Sanitation. Such proqram shall include the followinq items:
a. AII trash receptacles. excludinq dumpsters, shall be located inside of a
structure and shall be placed in the public riqht-of-wav on pick-up davs onlv.
b. All oarbaoe pickups and service deliveries shall not take olace between 5
p.m. and 8 a.m.:
c. All litter shall be cleared from the site. the adiacent public riqht-of-wav and
anv accessorv parkino lot on a dailv basis:
d. The establishment shall sweep the public rioht-of-wav adiacent to the
petitioned site and anv accessorv parking lot dailv and shall periodicallv clear it
with a pressure washino hose as needed:
189
(2) The establishment shall screen anv dumpster used in coniunction with site. which
is visible from the public rioht-of-wav or parkino area with a six-foot opaque fence with
oates. No dumpster is permitted to be placed within the public rioht-of-wav.
(3) Equipment and supplies shall not be stored in areas visible from adiacent streets.
allevs or nearbv buildinos.
(4) lf installino a kitchen, the establishment shall install an exhaust svstem, as
required bv Code. that will substantiallv reduce orease and smoke that would otherwise
escape to the surroundino area. This mav include the installation of a fan in connection
with the kitchen exhaust svstem within the interior of the buildino in order to reduce noise
levels.
(5) Anv outdoor or rooftop areas utilized as part of the alcoholic beveraoe
establishment shall complv with the followinq operational and noise attenuation
requirements and limitations:
a. Outdoor bar counters within 100 feet of a propertv with a residential use
shall require Conditional Use approval.
b. No exterior loudspeakers are permitted except those necessarv for fire
and life safetv purposes. unless approved pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 1 18-191 . et seq.:
c. All entertainment is prohibited in the exterior spaces of the propertv
unless approved pursuant to the Conditional Use Procedures and Review
Guidelines as listed in section 118-191, et seq.:
d. Rooftop accessorv bar counters shall require either Desion Review or
Historic Preservation Board approval:
e. All rooftop food and beveraoe services shall cease no later than 8:00
p.m., unless hours of operation are extended pursuant to the Conditional Use
Procedures and Review Guidelines as listed in section 118-191. et seq.:
Section 6-9. Securitv Requirements for Commercial Districts and the Mixed Use
Entertainment Districts
(a) Conditions for approval in the specified districts above. \Nhenever an alcoholic beverase
establishment is located within a Commercial District and the Mixed Use Entertainment
District and the establishment is approved for alcoholic beveraoe sales for on-site
consumption. the establishment shall complv with the followinq:
([) Secunty. lf, at anv time. the propertv use is a alcoholic beveraoe establishment
and/or an entertainment establishment as defined in this Chapter and Chapter 142, the
followino shall be provided. on site:
a. Exterior securitv officers consistinq of off-dutv (extra-dutv) sworn law
enforcement officers, of a number as determined appropriate in an application to
190
the law enforcement aqencv requestinq the same, which number shall not be
less than two (2). orovided however. one (1) exterior securitv officer mav be
permitted in the event two (2) immediatelv adiacent establishments mutuallv
utilize the same two (2) officers. and said arranqement is approved bv the Citv of
Miami Beach Police Department. Exterior securitv officers shall onlv be required
if the establishment is an entertainment establishment.
b. lnterior securitv personnel of a number equalinq one (1) securitv officer
per one hundred (100) occupants. for establishments with an occupant load in
excess of 99 persons.
c. When required. interior and exterior securitv personnel shall be provided
for all hours the premises is open to the public.
ARTICLE I!. CONDUCT
Section. 6-36. Definitions.
The following words, terms and phrases, when used in this e#iele Chapter, shall have the
meanings ascribed to them in this section or if not defined in this Chapter. the meanino ascribed
to them in Chaoters 114 and 142, except where the context clearly indicates a different
meaning:
A/coholic beveraoe sa/es-On premlses means the sale of beveraoes in open containers for
consumption on the premises onlv.
A/coholic beveraoe sa/es-Packaoe means the sale of beveraoes in sealed containers for
consumption off the premises.
Ful/ krtchen faclrties means havinq commercial orade burners, ovens and refrioeration units of
sufficient size and quantitv to accommodate the occupancv content of the establishment. Full
kitchen facilities must contain orease trap interceptors, and meet all applicable Citv, countv and
state codes.
PrmarTv means that more than fiftv (50) percent of the floor area of a retail establishment shall
be dedicated to the sale of alcoholic beveraoes. And in the instance of a restaurant. at least
fiftv-one (51) percent of the qross income of the restaurant must be derived from the sale of
prepared food.
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction. includinq kinderqartens. elementarv schools. iunior hioh schools, hioh schools and
comparable private schools.
Section 6-37. violations and penalties.
* * *
Upon a finding by the appropriate administrative official or agency that a violation of this article
has occurred, the City shall initiate proceedings to revoke the Business Tax Receipt, Certificate
191
ofUse,@orCertificateofoccupancy,whicheverisappropriate.Additionally,
this article may be enforced and violations may be punished as follows.
Subpart B - LAND DEVELOPMENT REGULATIONS
Ghapter 142 -ZONING DISTRIGTS AND REGULATIONS
ARTICLE I!.. DISTRIGT REGULATIONS
* * *
DIVISION 20. . TG NORTH BEAGH TOWN CENTER DISTRICTS
Sec.142-736. Main permitted uses, Gonditiona! Uses, accessory uses, and prohibited
uses.(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beveraoe establishments pursuant to the reoulations set forth in Chapter 6:
apartments; apartments/hotels; hotels. The ground story frontage along 71st Street
and Collins Avenue shall be governed by subsection 142-737(c). +he+revisiens-ef
c
(3) The accessory uses in the TC-1 District are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraoe establishments and accessorv outdoor
bar counters pursuant to the reoulations set forth in Chapter 6. @
utilized between rnidnight and 8:00 a,m,; hewever' aeeessery eutdeer bar eeunters
@
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
Hewever; eutdeer restaurant seating, net exeeeding 40 seats' asseeiated with indeer
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m, with
ne baekgreund musie (amplified er nenamplified),
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
(2) The Conditional Uses in the TC-3 District are hotel, adult congregate living
facility; day care facility; nursing home; religious institutions; private and public
10
192
institutions; schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln areas designated TC-3(c) on the zoning map, the following uses may
be permitted as Conditional Uses in addition to the uses in paragraph (2)
above: neighborhood-oriented retail and services uses, limited to 2,500 square
feet or less per establishment, Iocated on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; arllcraft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the reoulations set forth in Chapter 6. with aleehel limited te beer and wine
@lnaddition,fullservicerestaurantsservingalcoholic
beverages pursuant to the reoulations set forth in Chapter 6 er ang!_with 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
IO The accessory uses in the TC-3 district are those uses customarily associated
with the district purpose, as set forth in article lV, Division 2 of this Chapter, except
that hotels may have accessory uses based upon the criteria below:
b. Hotels in the TC-3(c) district may include accessory restaurants orSars
alcoholic beveraqe establishments pursuant to the reoulations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and M alcoholic beveraqe establishments on
the entire site shall not exceed 1.5 persons, per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
ARTICLE V. . SPECIALIZED USE REGULATIONS
DtvtsloN 4. - ALcoHoLtc BEVERAGES . * *
11
193
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in -^^+r^^
t tZ tg0l if suoh di
Win+*s.
te sell aleehelie beverages fer eensumptien en the premises based upen the fellewing;
when beer and wine are served a minimum ef 30 seats shall be previded; and when,
pr€mise€r
e, eutdeer eafes; when net visible frern er en a publie street, alley, er way, shall have ne
@ises,
d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie beverages ispermi@ien en the premises,
ing__a
MXE distriet shall be permitted te have aeeessery uses whieh sell aleehelie beverages pursuant
ises,
e, eutdeer eafes when net visible frem a publie street' alley' er way, shall have ne
@ises-
* Gelf elubheuse; when leeated en a gelf eeursq the sale ef aleel,elie beverages is
(3) /4eeessery sses whr'€f, se// a/eehelio 6everages,/Aeeessery uses whieh sell aleehelie
iet use regulatiens
in seetien 142 746,
@ien
(a) Netwithstanding any ether previsien ef this Divisien, the sale ef beer fer eff premises
ie
Hewever; the sale by sueh vender ef aleehelie beverages ether than beer and ef beer fer en
12
194
premises eensumptien shall be eendueted in aeeerdanee with the previsiens ef seetiens and
112 1392,
(b) Nething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie and
SEGTION 2. CODIFIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-letteied to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SECTION 4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 241h', 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
GITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
13
City Attorney Date
195
First Reading: March _,2015
Second Reading: April_, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+riXe+nreugh denotes removed language
T:\AGENDAVOl5Uanuary\Referral to Planning Board - Chapter 6 ORD.docx
14
196
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS
AND REGULATIONS;" ARTICLE l!, "DISTRICT REGULATIONS", DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS" DIVISION 4, "CD-l
GoMMERCIAL, LOW INTENSITY DISTRICT" DIVISION 5, "CD-2
coMMERCIAL, MEDTUM INTENSITY DISTRICT" D|VISION 6, "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT'' DIVISION 7, "CCC C!V!C AND
GONVENTION CENTER DISTRICT" DIVISION 8, "GC GOLF COURSE
DISTRICT" DIVISION 9, "GU GOVERNMENT USE DISTRICT" DIVISION 10,
..HD HOSPITAL DISTRICT" DIVISION 11, "1.1 LIGHT INDUSTRIAL DISTRICT"
DIVISION 12, "MR MARINE RECREATION DISTRIGT;" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT;" DIVISION 16, "WD-l
WATERWAY DISTRIGT'' DIVISION 17, "WD.2 WATERWAY DISTRICT"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY,
CLARIFY AND EXPAND MAIN PERMITTED, CONDITIONAL,AND
PROHIBITED USES RELATED TO ALCOHOLIC BEVERAGES; BY
AMENDING ARTICLE V, "SPEGIALIZED USE REGULATIONS'' BY
DELETING DIVISION 4, "ALCOHOLIG BEVERAGES," BY AMENDING
D!V!S!ON 6, "ENTERTAINMENT ESTABLISHMENTS" TO MODIFY AND
CLARIFY REGULATIONS RELATING TO ALCOHOL BEVERAGES; BY
AMENDING THE NEIGHBORHOOD IMPACT ESTABLISHMENT THRESHOLD
REQUIREMENTS AND CREATING NEW DEFINITIONS; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverageS; and
WHEREAS, Chapter 6 of the City Code entitled "Alcoholic Beverages", which regulates
the hours of operation of and size of such establishments; and
WHEREAS, Chapter 142 shall be amended to ensure that each districts lists whether
alcoholic beverage establishments are permitted, not permitted or conditional uses; and
WHEREAS, to ensure that all regulations relating to alcoholic beverages are clear,
concise and in one location of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 3. . RESIDENTIAL MULT!FAMILY DISTRIGTS
Subdivision lV. - RM-2 Residential Multifamily, Medium lntensity
1
197
Sec.142-214. - Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article lV, division 2 of this chapter s6d uses{haSsewe alcoholic beverage+eslab[Shmenls
Pursuant to the
requlations set forth in Chapter 6. RM-2 properties within the Palm View, or West Avenue
corridors may not have accessory outdoor entertainment establishments. Notwithstanding the
foregoing, a property that had a legal conforming use as of May 28,2013, shall have the right to
apply for and receive special event permits that contain entertainment uses.
Sec.142-215. - Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, accessory open air entertainment
establishment, as set forth in article V, division 6 of this chapter; off-premise packaoe sales of
alcoholic beveraoes. and accessory outdoor bar counter; and for properties located within the
Palm View, and West Avenue corridors, hotels and apartment-hotels, except to the extent
preempted by F.S. S 509.032(7), and unless they are a legal conforming use. Properties that
voluntarily cease to operate as a hotel for a consecutive three-year period shall not be permitted
to later resume such hotel operation. Without limitation, (a) involuntary hotel closures due to
casualty, or (b) cessation of hotel use of individual units of a condo-hotel, shall not be deemed
to be ceasing hotel operations pursuant to the preceding sentence.
Subdivision V. - RM-3 Residential Multifamily, High lntensity
Sec.142-244. - Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
(2) +J€es+ha+sepv€ Al coh o I ic beve ra g es esta bl is h ments @ivisien
4 ef this ehapter; eertaining te aleehelie beverages pursuant to the requlations set
forth in Chapter 6.
Sec.142-245. - Prohibited uses.
The prohibited uses in the RM-3 residential multifamily, high intensity district is are off-premise
packaqe sales of alcoholic beveraoes and .accessory outdoor bar counterg, except as provided
198
in Section 142-244.For properties located within the West Avenue Corridor, hotels and
apartment-hotels, except to the extent preempted by F.lorida Statutes S 509.032(7), and unless
a legal conforming use. Properties that voluntarily cease to operate as a hotel for a consecutive
three-year period shall not be permitted to later resume such hotel operation. Without limitation,
(a) involuntary hotel closures due to casualty, or (b) cessation of hotel use of individual units of
a condo-hotel, shall not be deemed to be ceasing hotel operations pursuant to the preceding
sentence.
DIVISION 4. . CD.l COMMERCIAL, LOW INTENSITY DISTRIGT
Sec. 142-272. - Main permitted uses.
The main permitted uses in the CD-1 commercial, low intensity district are commercial uses;
apartments; bed and breakfast inn (pursuant to Section 142-1401); religious institutions with an
occupancy of 199 persons or less, and uses-that-sene alcoholic beverages establishments as
listed in artiele V, pursuant to the
reoulations set forth in Chapter 6.
DIVISION 5. CD.2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
***
Sec. 142-302. - Main permitted uses.
The main permitted uses in 'the CD-2 commercial, medium intensity district are
commercial uses; apartments; apartmenUhotels; hotels; religious institutions with an occupancy
of 199 persons or less and uses.-thel+en*e alcoholic beverages establishments es--Jisted-in
artiete V; aivisien
pursuant to the reoulations set forth in Chaoter 6.
Sec. 142-303. - Conditiona! uses.
(a) The conditional uses in the CD-2 commercial, medium intensity district include the following:
flf Adult congregate living facilities;
(!) Funeral home;
(Q Nursing homes;
(4) Religious institution;
(!) Pawnshops;
fQ Video game arcades;
(Q 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;
199
(1 1) Outdoor entertainment establishment;
(1 2) Neighborhood impact establishment;
(13) Open air entertainment establishment;
(14) Storage and/or parking of commercial vehicles on a site other than the site at which the
associated commerce, trade or business is located. See Section 142-1103.
(b) Sunsef Harbour Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the Sunset Harbour neighborhood,
generally bounded by Purdy Avenue, 20th Street, Alton Road and Dade Boulevard shall also
include the following:
(1) Main use parking garages;
(2) Restaurants with alcoholic beverage licenses (alcoholic beverage establishments) with
more than 100 seats or an occupancy content (as determined by the Fire Marshall) in
excess of 125, but less than 199 persons and a floor area in excess of 3,500 square
feet.
(c) North Beach Neighborhood. ln addition to the conditional uses specified in section 142-
303(a), and subject to the conditional use criteria in section 118-192(a), conditional uses in
the CD-2 commercial, medium intensity district in the North Beach neighborhood (located
north of 65th Street), shall also include the following:
(1) Alcoholic beverage establishments (not also operating as a full restaurant with a full
kitchen, serving full meals);
(2) Dance halls;
(3) Entertainment establishments.
(4) Restaurants with alcoholic beveraoe licenses (alcoholic beveraoe 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.
DIVISION 6. . CD.3 COMMERCIAL, HlGH INTENSIry DISTRICT
Sec. 142-332. - Main permitted uses.
The main permitted uses in the CD-3 commercial, high intensity district are commercial uses;
apartments; apartmenUhotels; hotels, alcoholic beveraoe establishments pursuant to the
reoulations set forth in Chapter 6. and religious institutions with occupancy of 199 persons or
less. Oceanfront properties in the architectural district shall not be permitted to have new retail
and/or office areas totaling more than 250 square feet unless the building is rehabilitated
according to the South Florida Building Code, the city property maintenance standards, and fire
prevention and safety codes and if it is a historic structure the U.S. Secretary of the lnterior
200
Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures. Offices are
prohibited on the ground floor on that portion of Lincoln Road which is closed to traffic, unless
the office area is located in a mezzanine, or at least 75 feet back from the storefront; also
apartments, apartmenVhotels and hotels located on that portion of Lincoln Road shall comply
with section 142-335. Dance halls and entertainment establishments (as defined in section '114-
1 of this Code) not also operating as restaurants with full kitchens and serving full meals and
licensed as alcoholic beverage establishments are prohibited on properties having a lot line
adjoining Lincoln Road, from the Atlantic Ocean to Biscayne Bay, unless the dance hall and
entertainment establishment is located within a hotelwith a minimum of 100 hotel units.
DIVISION 7. CCC CIVIC AND CONVENTION CENTER DISTRICT
Sec. f 42-362. - Main permifted uses.
The main permitted uses in the CCC civic and convention center district are parking lots,
garages, performing arts and cultural facilities; hotel; alcoholic beverage establishments
pursuant to the reoulations set forth in Chapter 6. merchandise mart; commercial or office
development; landscape open space; parks. Any use not listed above shall only be approved
after the City Commission holds a public hearing. See section 142-367 for public notice
requirements.
Sec. 142-363. - Conditional uses.
Conditional use approval for a neiqhborhood impact establishment mav be waived bv the Citv
Commission. otherwise Tthere are no conditional uses in the CCC, Civic and Convention Center
District
DIVISION 8. . GC GOLF GOURSE DISTRICT
Sec. 142-394. - Accessory uses.
The accessory uses in the GC golf course district are as required in article lV, division 2 of this
chapter and the sale or distribution of alcoholic beveraoes pursuant to the reoulations set forth
in Chapter 6.
DIVISION 9. . GU GOVERNMENT USE DISTRIGT
Sec.142422. -Main permitted uses.
The main permitted uses in the GU, Government Use District, are government buildings and
uses, including but not limited to parking lots and garages; parks and associated parking;
schools; performing arts and cultural facilities; alcoholic beveraqe establishments pursuant to
201
the reoulations set forth in Chapter 6. monuments and memorials. Any use not listed above
shall only be approved after the city commission holds a public hearing. See subsection 142-
425(e) for public notice requirements. * * *
DIVISION 10.. HD HOSPITAL DISTRICT
Sec. 142-452. - Permitted uses.
ln the HD, Hospital District, no land, water or structure may be used, in whole or in part,
except for one or more of the following permitted uses. Permitted uses that sell, serve er
etherwise distribute aleehelie beverages in this distriet shall eemply with the standards and
regulatiens feund in artiele V; divisien I ef this ehapter The sale of alcohol within the HD shall be
requlated pursuant to the requirements of Chapter 6.
DIVISION 11. I-1 LlGHT !NDUSTRIAL DISTRICT
}ec.142482. - Main permitted uses.
The main permitted uses in the l-1, Urban Light lndustrial District, are those uses that
are consistent with the district purpose including the following.
13) Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including but not limited to retail sales, photocopying,
coffee shop, stanCad restaurant, alcoholic beveraoe establishments pursuant to the
requlations set forth in Chapter 6 , video rental, bank;
DIVISION 12. . MR MARINE REGREATION DISTRICT
Sec. 142-514. -Accessory uses.
The accessory uses in the MR, Marine Recreation District, are as required in article lV,
division 2 of this chapter. Accessory uses in this district shall be any use that is customarily
associated with a main permitted use; including but not limited to alcoholic beveraqe
establishments pursuant to the reoulations set forth in Chapter 6.
***
DIVISION 13.. MXE MIXED USE ENTERTAINMENT DISTRICT
Sec. 142-543. -Accessory uses.
***
202
The accessory uses in the MXE, Mixed Use Entertainment District, are as follows. See
also Article lV, Division 2, of this Chapter. Net+Uses that serve alcoholic beverages are also
subject to the regulations
Sec. 142-546. - Additiona! restrictions for lots fronting on Ocean Drive, Ocean Terrace
and Gollins Avenue.
ln the MXE, Mixed Use Entertainment District, permitted uses in existing buildings at the
time of adoption of this section with two stories or less fronting on Ocean Drive or Ocean
Terrace and any building fronting on Collins Avenue from Sixth Street to 16th Street shall
comply with the following:
(2)ThebuildingSmaycontainoffices,retail,ice
establishments. alcoholic beveraoe establishments and residential uses or any
combination thereof. Medical and dental office shall be prohibited uses in the MXE
districts. Commercial uses located above the ground floor shall only have access
from the interior of the building; no exterior access shall be permitted, unless a
variance from this requirement is granted.
DIVISION 16. . WD.l WATERWAY DISTRICT
Sec. 142-634. - Accessory uses.
The accessory uses in the WD-1, Waterway District, are as required by Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 17. -WD.2 WATERWAY DISTRICT
*
Sec. 142-664. - Accessory uses.
The accessory uses in the WD-2, Watenray District, are as required in Article lV, Division 2 of
this Chapter and as delineated I
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
203
Sec. 142-693. Permifted uses.
(a)
The following uses are permitted in the performance standard districts:
ingle-family; townhome;
apartmenVhotel
1,2,3, 4
nters, provided that the
outdoor bar counter
not operated or utilized
midnight and 8:00
.m.; however, for€R accessory
bar counters shAlfilg!
, accessory
oor bar counters
re permitted in
least 100 hotel units
n the R-PS4 district*.
blishments and open air
inment establishments
district, this use
permitted, as an
USC IN
hotels with
or more hotel
thborhood impact
blishments
204
Jnits, as a conditional
rse. Access to the
establishment shall be
rnly from the interior
obby of the hotel and
rot from the street.
\ccessory D*D*)*)*
The following uses are permitted in the performance standard district:
P-Main permitted use C-Conditional use N-Not permitted
* - Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial
uses in RM-PS1 are limited to stores and restaurants.
ln districts that allow commercial and hotel uses above. alcoholic beveraoe
establishments are permitted pursuant to the reoulations set forth in Chapter 6.
***
DIVISION 20. . TC NORTH BEACH TOWN CENTER DISTRICTS
Sec. 142-736. - Main permitted uses, conditional uses, accessory uses, and prohibited
uses.
(a) Land uses in the TC-1, Town Center Core District shall be regulated as follows:
(1) The main permitted uses in the TC-1 District are commercial uses; alcoholic
beverage establishments pursuant to requirements in Chapter 6: apartments;
apartments/hotels; hotels. The ground story frontage along 71st Street and Collins
Avenue shall be governed by subsection 142-737(c).
premises in restaurants shall net apply te this distriet,
(3) The accessory uses in the ,L-', t,ruict are those uses permitted in Article lV,
Division 2 of this Chapter; alcoholic beveraqe establishments and accessorv outdoor
bar counters pursuant to the reoulations set forth in Chapter 6; @
utilized between midnight and 8,90 a,m,; hewever; aeeessery eutdeer bar eeunters
@
(4) The prohibited uses in the TC-1 district are pawnshops, and alcoholic
beverage establishments located in any open area above the ground floor (any area
that is not included in the FAR calculations), except as provided in this Division.
Hewever; eutdeer restaurant seating; net exeeeding 40 seats; asseeiated with indeer
205
venues may be permitted in any epen area abeve the greund fleer until 8:00 p,m=with
ne baekgreund musie (amplified er nenamplified),
(c) Land uses in the TC-3 Town Center Residential Office District shall be regulated as
follows:
The Conditional Uses in the TC-3 District are hotel, adult congregate living facility;
day care facility; nursing home; religious institutions; private and public institutions;
schools; and commercial or noncommercial parking lots and garages (with
accessory commercial uses) in accord with subsection 130-68(9).
a. ln areas designated TC-3(c) on the zoning map, the following uses may be
permitted as Conditional Uses in addition to the uses in paragraph (2) above.
neighborhood-oriented retail and services uses, limited to 2,500 square feet or
less per establishment, located on the ground floor of buildings. Such
neighborhood-oriented retail and service uses shall be limited to antique
stores; arllcraft galleries; artist studios; bakery or specialty food stores; barber
shops and beauty salons; coffee shop or juice bar; dry cleaner or laundry with
off-site processing (dry cleaning receiving station); newspapers, magazines
and books; photo studio; shoe repair; tailor or dressmaker; and food service
establishments with 30 seats or less (including outdoor cafe seating) pursuant
to the reoulations set forth in Chapter 6
@lnaddition,ful|servicerestaurantsservingalcoholic
beverages pursuant to the reoulations set forth in Chapter 6 e+ ang!_with 30
seats or more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway in the area located south of 71st Street.
The accessory uses in the TC-3 district are those uses customarily associated with
the district purpose, as set forth in article lV, Division 2 of this Chapter, except that
hotels may have accessory uses based upon the criteria below:
b. Hotels in the TC-3(c) district may include accessory restaurants or-Sars
alcoholic beveraoe establishments pursuant to the reoulations set forth in
Chapter 6 when approved as part of the Conditional Use. Such accessory
restaurants or bars that serve alcohol shall be limited to a maximum of 1.25
seats per hotel or apartment unit for the entire site. The patron occupant load,
as determined by the planning director or designee, for all accessory
restaurants and bars that serve aleehel alcoholic beveraqe establishments on
the entire site shall not exceed 1.5 personsr per hotel and/or apartment unit.
For a hotel or apartment property of less than 32 units, the restaurant or bar
may have a maximum of 40 seats in the aggregate on the site. The number ofunitsshallbethosethatresultafteranyrenovation.@
(2)
G)
10
206
limitatiens established in the Cenditienal Use preeess,
Sec. 142-901. - General provisions.
Accessory uses shall comply with the following general provisions:
(1) Accessory uses shall be located on the same lot as the main permitted use, except for
required parking which may be located within 1,200 feet of the property The distance
separation shall be measured by following a straight line from the lot on which the main
permitted use is located to the lot where the parking lot or garage is located.
(2) Accessory uses shall be incidental to and customarily associated with the main
permitted use-., in accordance with @ieq
the plannirg and zening direeter sray require the applieant te previde evidenee that sueh
(3) Accessorv uses in residential districts shall comply with the followinq. whether covered or
uncovered:
a. ln the RM-1 zonino district. individual accessorv uses. or the total
aqoreqate area of multiple accessorv uses. shall not occupv more than twentv
(20) percent of the floor space of the total primarv use.
b. ln the RM-2 zonino district. individual accessorv uses. or the total
aooreoate area of multiple accessorv uses. shall not occupv more than thirtv (30)
oercent of the floor space of the total primarv use.
c. ln the RM-3 zoninq. individual accessorv uses. or the total aqoreqate area
of multiple accessorv uses, shall not occupv more than fortv (40) percent of the
floor space of the total primarv use.
d. Anv outdoor. unenclosed or uncovered accessorv use servino alcohol
and located in an RM-2 district shall require Conditional Use approval.
(4) Off-street parking and loading spaces shall be considered as accessory uses in all
districts.
(5) A use ether than these listed in this divisien may be eensidered as an aeeessery use if it
i
zening directer fin ry criterie=
te+
11
207
e, That the neeessary safeguards will be previded fer the preteetien ef surreunding
d, That the publie health; safety, merals and general welfare ef the eemmunity will net
@
(6) nn+eeupa+iena++ieense A business tax receipt or building permit, whichever is being
requested, shall only be approved for an accessory use if the building complies with all
of the following mandatory requirements.
a. All structures shall conform to the South Florida Building Code, the property
maintenance standards and the fire prevention and life safety code.
b. The existing building and the proposed improvements shall be built in a manner that
is substantially consistent with the design recommendations in a neighborhood plan
for the area if one exists, and if the building is a historic structure, then the U.S.
Secretary of the lnterior Standards for Rehabilitation of Historic Buildings as
amended shall be used.
c. The minimum and average floor area requirements for the units as set forth in article
ll, division 13 of this chapter shall be met.
(7) Appeal of the planning and zoning director's decision pertaining to any finding shall be
to the board of adjustment as provided in chapter 1 18, article lX, and shall be considered
as an appeal of an administrative de*cision.
*
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 accessorv
restaurants. drinkins establishments. outdoor and sidewalk caf6s, hotel manaqement
offices, and retail uses use in accordance with the requlations herein, as well as
accessorv uses customarilv associated with the operation of an apartment building, as
referenced in subsection 142-902(2), for the use of reqistered hotel visitors and their
ouests onlv. that is eustemarily asseeiated with the eperatien ef a hetel er apartment
bt+ilding*
b. Hotels located in the RM-2 district are permitted to have any accessory restaurants,
and hotel manaoement offices use in accordance with the requlations herein tha*
eustemarily asseeiated with the eperatien ef a hetel er apartment building, exeept-{er
dQance halls, entertainment establishments, neighborhood impact establishments,
12
208
outdoor entertainment establishments or open air entertainment establishments shall be
prohibited in an RM-2 district.
c. Where permitted, hotels located in the RM-1 district may have accessory uses based
upon the below criteria:
1. A dining room operated solely for registered hotel visitors and their guests,
located inside the building and not visible from the street, with no exterior signs,
entrances or exits except as required by the South Florida Building Code.
2. Other accessory uses customarily associated with the operation of an
apartment building, as referenced in subsection 142-902(2), for the use of
registered hotel visitors and their guests only.
ARTICLE V. . SPECIALIZED USE REGULATIONS
BTVISION 4. AICOHOIIC BEVERAGES
Venders may be permitted te sell er distribute aleehelie beverages; either fer
(1) RM 2 multiple family; medium intensity,
(4) CD 2 eemmereial; medium intensity,
ffiffi
(14) R PS3 residential medium high density,
(16) C PS1 eemmereial limited mixed use,(17) C PSZ eemmereial general mixed use,(18) C PS3 eemmereialintenslve mixed use,
(19) C PS4 eemmereial intensive phased bayside,
iee
13
209
Venders shall be permitted te sell aleehelie beverages within the zening distriets listed in -^^+r^^
t tZ tgOl if sueh dl ing:
Restaurant; bari aleehelie beverage establishment; eutdeer eafe' private elub' er gelf elubheuse
$-+ern*ea-nain-uses.
snatt ge previded;W
minimum ef 20 seats in erder te be permitted te sell aleehelie beverages fer
@ise+e, Outdeer eafes; when net visible frem er en a publie street; alley; er way, shall
have ne minimum seating requirement and shall be permitted te sell aleehelie
ises'
ie
ises
ing
tSeS-
pr€m+s€s;
e, eutdeer eafes when net visible frem a publie street; alley; er way; shall have
ises-d, Gelf elubheuse; when leeated en a gelf eeurse; the sale ef aleehelie
ises-
(3\ /4eeesse4,, sses whr'eh se// a/eehelio 6everages,/ Aeeessery uses whieh sell
@ien
ises
regulatien ef the state shall be exempt frem the regulatiens in -^^+:^^ ^ , and seetiens
t+Z tagt ana t+a taO
than beer and ef beer fer en premises eensumptien shall be eendueted in aeeerdanee
with the previsiens ef seetiens 4 ^ 4 2n1 and 1 ^ 1r^^
(b) l,',lething herein shall be eenstrued te restriet sales ef aleehelie beverages in the eivie
14
210
DIVISION 6. ENTERTAINMENT
ESTABLISHMENTS
ESTABLISHMENTS AND NEIGHBORHOOD IMPACT
***
Sec. 142-1361. Definitions.
nenarnplified; played at a velume that dees net interfere with nermal eenversatien,
Enferfarnmenf esfabfshmenf means a commercial establishment includino, but not limited to.
restaurants. bars. and alcoholic beveraoe establishments that include live entertainment, oatron
dancinq. and/or recorded entertainment. Entertainment does not include television, radio and/or
recorded backoround music, plaved at a volume that does not interfere with normal
conversation, and indoor movie theater operations.
Hours of operation of entertainment establishments. Entertainment establishments mav not
operate between the hours of 5:00 a.m. and 10:00 a.m.
Live enferfainmenf shall mean and include all shows. live music, oames of sport and
performances of anv kind but shall not include adult entertainment.
Neighborhood impact establishmenf means:
(1) An alcoholic beverage establishment. place of assemblv or
restaurant, not also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
6,000 square feet of oross floor area inclusive of
outdoor areas associated with food and beveraqe services; or
(2) An alcoholic beverage establishment. place of assemblv or
restaurant, which is also operating as an entertainment establishment or dance hall (as
defined in section 114-1), with
3.500 square feet of qross floor area inclusive of
outdoor areas associated with food and beveraoe services.
(3) For ourposes of this section. an alcoholic beveraoe establishment shall include
multiple establishments in one buildino site unless both criteria (a) and (b) below are
met:
a. The alcoholic beveraoe establishments have separate Business Tax
Receipts.
15
211
b. The alcoholic beveraoe establishments are completelv self-contained
and do not share anv inoress or eoress points.
Pafron dancino shall mean dancinq bv patrons or ouests of an establishment or business.
Recorded enferfalnmenf means recorded music or recorded vocal entertainment or both.
amplified or non-amplified. but shall not include adult entertainment.
Sec. 142-1365. Discontinuance of a ieiJhbirhood tmpact Establishment. Outdoor
Entertainment Establishment. Open Air Entertainment Establishment. or After-Hours
Dance Hall.
No buildinq. structure, land, or portion thereof. used in whole or in part for a Neiqhborhood
lmpact Establishment. Outdoor Entertainment Establishment, Open Air Entertainment
Establishment. or After-Hours Dance Hall. which remains idle or unused for a continuous period
of six months, or for 18 months durino anv three (3)-vear period shall automaticallv discontinue
the use. A new Conditional Use pursuant to the section 118-191 et seq. and 142-1362 et seq.
mav be applied for.
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.
SEGTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24t ,2015.
SEGTION 6. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
16
MAYOR
2015.
212
ATTEST:
GITY CLERK
First Reading
Second Read
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
: March _,2015
ing: April _,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rit<e$reugh denotes removed lang uage
T:\AGENDA\201SUanuary\Referral to Planning Board - Chapter 142 ORD.docx
17
213
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART B - LAND DEVELOPMENT
REGULATIONS, CHAPTER 114 "GENERAL PROVISIONS" , AMENDING
SECTION 114-1, DEFINITIONS, BY MODIFYING AND ADDING DEFINITIONS
TO CLARIFY ALCOHOLIC BEVERAGE AND USE REQUIREMENTS OF THE
CODE OF THE CITY OF MIAMI BEACH, PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFEGTIVE DATE.
WHEREAS, Chapter 114 ol the City Code, entitled "General Provisions," provides
definitions; and
WHEREAS, to ensure that the all the definitions are clear and concise and are located in
one area of the code that is logical and convenient to the user; and
WHEREAS, the amendment set forth below is necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. Chapter 114, entitled "General Provisions" is amended, as follows:
Sec. I 14-1. Definitions.
(a). lnterpretation of terms or words.
For the purpose of this chapter, certain terms or words used in this chapter shall be interpreted
as follows:
i. The word "shall" is always mandatory and the word "may" is permissive.ii. The words "used" or "occupied" include the words intended, designed or
arranged to be used or occupied.iii. The singular number includes the plural and the plural the singular, unless the
context clearly indicates the contrary.iv. Words and terms not defined herein shall be interpreted in accord with their
normaldictionary meaning and customary usage.
(b) The following words, terms and phrases when used in this Subpart B or Chapter 6 of
Subpart A, shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning: * * *
Apartment hotel means a building containing both apartment units and hotel units, with
at least 25% beinq apartment units, underresident isieq and having an inner lobby
through which all tenants must pass to gain access. Apartment Hotel uses mav contain suite
hotel units.
Boffle c/ub means a commercial establishment. operated for a profit. whether or not a
profit is actuallv made. wherein patrons consume alcoholic beveraqes brouqht onto the
214
premises and not sold or supolied to the patrons bv the establishment. whether the patrons
brinq in and maintain custodv of their own alcoholic beveraqes or surrender custodv to the
establishment for dispensino on the premises.
Eusrness fax means the fees charled anJ the method bv which the Citv orants the
privileqe of enqaoinq in or managinq anv business. profession. or occupation within the Citv's
iurisdiction (formerlv known as an occupational license).
Certificateofuse(CU)meansadocumentissuedbythe
€eCe+emplten€e City allowing the use of a building and certifying that the use is in compliance
with all applicable City codes, regulations and ordinances.
Drsc Jockey /abbrevrafed D.J., DJ or deelav) means a person who plavs recorded music
for an audience.
i,te+r
reeerded; amplified er nenamplified perfermanee; (exeepting televisien; radie and/er reeerded
indeer mevie theater eperatiens), Entertainment establishment+ may net eperate between the
heurs between the heurs ef 5,00 a,m, and 10,00 a,m,; exeept as previded fer under subseetien
G+€xs')=
Enferfarnmenf esfabrshmenf means a commercial establishment includinq, but not
limited to. restaurants, bars. and alcoholic beveraoe establishments that include live
entertainment, disc iockev, patron dancino. and/or recorded entertainment. Entertainment does
not include television, radio and/or recorded backoround music. plaved at a volume that does
not interfere with normal conversation. and indoor movie theater operations. Entertainment
establishments mav not operate between the hours between the hours of 5:00 a.m. and 10:00
a.m., except as provided for under subsection 6-3(3)(b).
Food service esfab/ishmenf includes but is not limited to anv restaurant: bakerv. bar.
bistro. caf6. coffee shop: cafeteria: delicatessen: ice cream parlor: lounoe: niqhtclub: pub.
tavern: private. public, or nonprofit oroanization or institution routinelv servino food. caterino
kitchen: commissarv or similar place in which food or drink is prepared for sale or for service on
the premises or elsewhere: and anv other eatinq or drinkinq establishment or operation where
food is served or provided for the public with or without charqe,
Ful cookrno facflffies. resrdenfial anJ sur]fe hlfels shall mean havinq burners, ovens and
refriqeration units. Cookinq facilities in units of less than 550 square feet shall be limited to one
microwave oven and one five-cubic-foot refrioerator except historic district suites hotels or
apartments mav have full cookinq facilities in units with a minimum of 400 square feet.
215
Ful/ krtchen facflrties, commercral shall mean havino commercial qrade burners. ovens
and refriqeration units of sufficient size and quantitv to accommodate the occupancv content of
the establishment. Full kitchens must contain orease trap interceptors, and meet all applicable
Citv. countv and state codes.
Hal/ for hire means an establishment which rents space, and mav provide tables, chairs,
caterino. decor. sound svstems. or other services in order to hold or host a private event.
Lrye enfedarnmenf shall mean and include all shows. live music. oames of sport and
performances of anv kind but shall not include adult entertainment.
Loadrno. off-sfreef means a loadino space located on orivate propertv outside of anv
street riqht-of-wav or easement and desioned to accommodate the temporary parkino of
vehicles used for bulk oickups and deliverieg. * *
OeesBafrenal /,6ense me
pursuant te ehapte
OrTice. busrness or professional means an establishment offerino services or knowledoe
to the business communitv or to individuals. but excludinq a medical office. Such activities
would include but are not limited to accountinq, brokeraoe. insurance, advertisino, emplovment
services. real estate services. lawver and architect.
Office, medical means an establishment offerino medical services and knowledoe to the
communitv or individuals. Such activities mav include but shall not be limited to phvsician.
dentist. psvcholooist, chiropractor. mental health therapist and phvsical therapists.
Operafor means the person who conducts. manaoes. maintains or controls, either
directlv or indirectlv. anv business or commercial establishment.
Pafron dancrno shall mean dancinq bv patrons or ouests of an establishment or
business.
Personal service use means an establishment that provides services such as
barbershops. beautv salons. tailor. shoe repair shops. drv cleanino. banks and financial service
institutions.
P/ace of Assemb/v means an establishment that mav have fixed seatino, that is not used
for retail sales and service. restaurant, office or hotel, and mav include a "hall for hire" use
whether for a private event or a public event. * * *
Recorded enferfarnmenf means recorded music or recorded vocal entertainment or both.
amplified or non-amplified. but shall not include adult entertainment.
Restaurant means
purenaseg gy the pu
216
sellino of food. to the customer for consumption on the premises or for take-out bv customers.
Food shall be continuouslv readv to be prepared, served. and sold durino all business
operational hours for a restaurant use. All restaurants shall be appropriatelv licensed as a
restaurant or similar food service-tvpe use bv all applicable aqencies.
Refa/ esfab/ishmenf means anv store, merchant or orqanization sellinq merchandise to
the oeneral public. * * *
Schoo/ means a facilitv providino a curriculum of elementarv and secondarv academic
instruction, includinq kinderoartens. elementarv schools. iunior hioh schools. hioh schools and
comparable private schools.
issive=
Supper c/ub means a restaurant havino a minimum enclosed dinino/entertainment area
of 4,000 square feet and providino entertainment. but not adult entertainment. The
dininq/entertainment area shall be composed of restaurant tables and seatino and an
entertainment staoe area and/or dance floor. The dinino area must occupv a minimum of fiftv
(50) percent of the qross floor area of the establishment. A supper club must provide full and
continualfood service throuohout the periods of its operation. No more than twentv (20) percent
of the seatino area. mav be removed to accommodate special performances.
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.
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. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 24th,2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
MAYOR
2015.
217
ATTEST:
CITY CLERK
First Reading: March _,2015
Second Reading: April _, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Str+*et+reugh denotes removed language
T:\AGENDA\201SUanuary\Referral to Planning Board - Chapter 114 ORD.docx
City Attorney Date
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
218
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: January 6,2015
SUBJECT: Referral to Land Use and Development Committee Regarding Charging
Stations for Plug-in Vehicles
Please place on the January 14,2015 City Commission agenda the above referenced item
to the Land Use and Development Committee for discussion.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
&fiAMt&E&gF{
Com m i ssi oner M icky Stei n berg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I F ax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commilted to providtng excellent public service ond sofery to oll who live. work, ond ploy in our vibront, tropicol, historic communiy
Agenda ttem 9{.L'..-"'219
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220
E MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, CommissionerDATE: Jonuory 7,2014
SUBJECT: Referrol to Finonce - Equol benefits for domestic portners [Sec. 2-3731
Pleose ploce on item on theJonuory 14,2015 Commission ogendo for referrol tothe
Februory 2,2O15 Finonce ond Citywide Proiects Committee to discuss the requirement
for city controctors to provide equol benefits for domestic portners.
lf you hove ony questions pleose contoct Louren Corro of extension 6528 or
LourenCo rro@m io m i beochfl. gov.
We ore commiffed to providing excellent public servtce ond sofetT to oll who live, work, ond ploy in our vibront, tropicol, his'^.,-
Agenda nem C{ T
Date t'lq-l{221
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222
G6
COMMISSION COMMITTEE REPORTS
223
r.-..-.
I-,-'
.:
. L!..- i
OFFICE OF THE CIry MANAGER COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: REPORT OF THE NEIGHBOR
MEETING ON FRIDAY, DECEM
N|TY AFFATRS COMMTTTEE (NCAC)
19,2014
A meeting of the Neighborhood/Community Affairs Committee was held on Friday,
December 19,2014 at 3:00pm 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 3:07 P.M.
OtD BUS'NESS
1. Discussion Regarding Creating A Community Vegetable Garden Through Our Parks &
Recreation Program For Miami Beach Elderly ln Our Senior Genters; To lnclude Regular
Transportation To The Garden.
Commission ltem C4K, December 11 , 2013
(Requested by Commissioner Tobin)
AFTER.ACTION
Liz Valera, Parks and Recreation Deputy Director presented the item. She inquired if the
Committee would allow herto remove this item from the Neighborhood/CommunityAffairs pending
list and bring it back at a later time once there is an action plan available for implementation.
Commissioner Tobin suggested Administration go to the senior centers and discuss with them if
this is something that they would like to engage in. Between December and March, Commissioner
Tobin suggested Administration survey the senior centers to see if this is something they are
willing to participate in. lf they do not want to participate in a community vegetable garden,
Commissioner Tobin suggested removing this item.
DIRECTION: By Commissioner Tobin to have Administration come back in March with information
on whether or not the senior centers are willing to participate in a community vegetable garden.
2. Discussion Regarding Revisions To The Beachfront Concession Rules and Regutations.
Commission ltem CF, January 15, 2014
(Requested by Office of the City Manager)
AFTER.ACTION
Commissioner Tobin deferred this item until the January 30, 2015 NCAC meeting.
Commissioner Weithorn suggested that Administration hold workshops with condo associations in
order to hear their input and suggestions.
NO ACTION TAKEN
:.1 :. a, t. 1y,,-"9 3v;;,lipni6sf_,/tc Seviae .JrO ,<Ciert,s...;1i ..1..._. .r 1,1, ..lo rtat; l.rrJl
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, a Agenda Item
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-7218 ( Datginitiate your request. TTY users may also call 711 (Florida Relay Service).224
3. Discussion Regarding The Purdy Boat Ramp.
Commission ltem R9P, October 22, 2014
(Requested by Commissioner Grieco)
AFTER.ACTION
Commissioner Grieco discussed the background of this item. This item was brought to the City
Commission because the Purdy boat ramp is not monitored and it has become an issue for
residents. This item has been heard at the Marine Authority and they have given input on how to
resolve this issue at the Purdy boat ramp.
John Rebar, Parks and Recreation Director discussed this item. He suggested that a Dock Master
position be created. The Dock Master would be the point person to handle the issues at the boat
ramp. The Dock Master position would fall under the Parks and Recreation department; there
would also be a request for part-time attendants at the dock due to the hours that the boat ramp is
open. As for law enforcement issues, John Rebar and Police Chief Oates discussed having a
Sergeant detail assigned to the Parks and Recreation department in order to have a linkage
between the Parks and Recreation component and the code enforcement component. John Rebar
stated that Administration should have a detailed position and salary created within the next 30
days. There is currently no fee schedule detailed for the Purdy Boat Ramp
Commissioner Grieco suggested that the Committee hear this item at the following NCAC meeting
in January. Administration would then be able to provide a full proposal for the Committee to
review.
Commissioner Steinberg suggested that the fee schedule discussion be heard at the next Marine
Authority Committee meeting in order to have experts discuss and suggested a fee schedule. The
Marine Authority Committee meetings on January 14th and John Rebar has agreed to be present
in order to discuss the details of this proposal.
DIRECTION: By Commissioner Tobin to have this item brought back to the Committee in January
with a full proposal detailing the Dock Master position and a fee schedule forthe Purdy boat ramp.
4. Discussion Regarding Long Term Problems That Need To Be Addressed At 17th Street
And Alton Road lntersection.
Commission ltem R9Q, July 23, 2014
(Req uested by Commissioner Grieco)
AFTER.ACTION
Jose Gonzalez, Transportation Director presented this item. Jose Gonzalez explained upon the
completion of Alton Road, the City will have a specific timing plan implemented on that
intersection. There is also a transportation master plan in the works to improve the City's
intersections. Jose Gonzalezstated the City is working on an lntelligent Transportation System to
improve the traffic flow.
Commissioner Tobin inquired what can Administration due in order to relieve traffic concerns as
soon as possible.
Commissioner Weithorn inquired how the Planning department and Transportation department
work best would in order to be proactive as it relates to traffic congestions due to construction.
Kathie Brooks, Assistant City Manager stated that there have been meetings that coordinate
planning, transportation, and public works so that it is more coordinated than in the past.
Commissioner Weithorn requested an LTC from Administration discussing the steps planning,
transportation and public works take in orderto coordinate and communicate issues that pertain to
road closers and traffic congestions. Commissioner Weithorn would like to understand the
process that Administration has in place.
DIRECTION: By CommissionerTobin to have this item come back in Januarydetailing what plan
is being implemented to improve the intersections that are at a D, E, or F.
225
,VEYY BUS'NESS
5. Discussion Regarding Stray Cats ln Miami Beach.
Commission ltem C4C, November 19, 2014
(Requested by Commissioner Weithorn)
AFTER.ACTION
Eric Carpenter, Public Works Director presented this item. Eric Carpenter stated that Lynn
Bernstein has been working with Officer Mary to coordinate catch-and-release. ln addition the
grant application to the Cat Network has been submitted.
Commissioner Weithorn stated that this item does not need to come back to the Committee
unless something with the program is not working.
NO ACTION TAKEN.
6. Discussion Regarding The Annua! Review Of The City's List Of Deserving Organizations
And/Or Groups Eligible To Receive Complimentary Tickets As Per The City's
Gomplimentary Ticket Policy Pursuant To Resolution No. 2014-28618.
Commission ltem C4A, November 19, 2014
AFTER.ACTION
Max Sklar, Tourism, Culture, and Economic Development discussed this item.
Commissioner Weithorn stated that these tickets need to be monitored. She inquired if
Administration has a system in place to monitor to whom and how frequently these tickets get
distributed.
Max Sklar stated that Administration requires them to provide the names of the individuals that
are receiving the tickets. Therefore, the same people do not get the tickets each time. Also the
service partnership entities are the ones that are not listed within Miami Beach. These entities
provide services in Miami Beach but are not located here.
Commissioner Weithorn would like those that receive the tickets sign a contract stating that they
understand these tickets needs to be rotated and are not for resale.
RECOMMENDATION: By Commissioner Weithorn in addition to the names of the people
receiving tickets, Administration have the individuals that retrieve the tickets sign an agreement
that acknowledges that these tickets are to be rotated among residents within the building that
are low income and to teachers that teach in Miami Beach as per the Education Compact.
7. Discussion On The Beautification Of The Alton Road Flyover Bridge AtThe Eastern End Of
l-395.
Commission ltem RgM, October 22, 2014
(Req ue sted by Co m mi ssio n er M al a koff)
AFTER.ACTION
Eric Carpenter, Public Works Director discussed that Public Works is working with FIU school of
Architecture to create a conceptual design for the Flyover. ln addition, FDOT has a contract to
paint the flyover. lf the City chooses any other color than grey, the City would have to take over
maintenance of the color.
DIRECTION: By Commissioner Steinberg to bring this item back to NCAC in March with the FIU
conceptual designs.
226
L Discussion Regarding Adding Pride/Rainbow Cotors To The Street Signs From l Oth To 12th
Streets On Washington/Gollins/Ocean, As Per The Recommendation Of The LGBT
Business Enhancement Committee
Commission ltem C4P, July 23, 2014
(Requested by Commissioner Steinberg)
AFTER.ACTION
Jose Gonzalez, Transportation Director presented the item. ln addition, he provided the
Committee a rendering of what the street sign topper could look like. Jose Gonzalezstated that it
is about $125.00 per street sign topper. However, there is only one intersection that is not
signalized; therefore, this would be the only intersection that could have the street sign topper.
Commissioner Weithorn suggested that this item be discussed with Assistant City Manager Joe
Jimenez in order to see if this can be incorporated for the Ocean Drive development.
Commissioner Malakoff suggested that the rainbow pavers on Ocean Drive maybe best.
DIRECTION: By CommissionerSteinberg to bring this item back to the LGBT Committee fortheir
input on Commissioner Malakoff's recommendation and the current issue with only one non-
signalized intersection.
9. Discussion Regarding An Update On The Plans For The Par 3 Park.
Commission ltem C4F, December 17,2014
(Requested by Commissioner Weithorn)
AFTER.ACTION
DIRECTION: By Commissioner Weithorn to have this item come to NCAC in January with input
from anyone in the community who should be involved.
MOTION: By Commissioner Steinberg to adjourn the meeting at 4:33PM.
Seconded by Commissioner Weithorn.
227
N E IGH BORHOOD/COII/IMU N ITY AF FAt RS COM'I/IITTE E ME ETI N G
AFTER ACTION AMACHEMENT
HANDOUT PROVIDED
REFERNCING ITEM #2
228
HSS t2l19/14
BEACH CONCESSIONAIRES - IDENTIFICATION OF VEHICLES
Rules and Regulations for Beachfront Concession Operations
As Last Amended March 17.2003 and Still In Effect
"25. Rules for Use of Motor Vehicles and Small Off-Road Vehicles on the Beach:
E. All n-rotor vehicles must have signage, on each side. with the name of the
Concession operator in 4" high letters on a contrasting background, using a
standard Helvetica type font. (emphasis supplied).
F. All small ofl'road vehicles must have signage with the name of the
Concessionaire in 4" high letters on a contrasting background. using a standard
Flelvetica type font." (ernphasis supplied).
Standard City Letters to Upland Owners - October 18" 2013 and November 12.2014
,k*****
"Please be advised, Sections 25(e), 25(f), and 25(g) of the Rules and Regulations. as contained
below, will be strictly enforced by Code Enforcement and by the Olfice of Real Estate
["beginning on November 1 5, 2013" - appears only in the 201 3 letter].
"25. (e) All motor vehicles must have signage. on each side, with the name of the
Urrland C)wner in 4" high letters on a contrasting background, using a
standard l]elvetica type font. (emphasis supplied).
(fl All small off-road vehicles must have signage with the name of the Upland
Owner in 4" high letters on a contrasting background, using a standard I-{elvetica
type font." (ernphasis supplied).
(g) fOmitted - concerns only limitation on number of vehicles.]
229
# MIAMIBEACH
City of Miqmi Beach, .l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
E MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: January 14,2015
the City
SUBJECT:REPORT OF THE F]NANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING ON DECEMBER 12,2014
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding the Miami Beach Police Athletic League (PAL)
ACT!ON
The Committee recommended bringing this item back to the March Finance and
Gitywide Committee meeting with a resolution to the aforementioned lssues
between the Police Athletic League (PAL) and the City. There are scheduled
meetings with members from the Gity Attorney's Office and the City Manager's
office with PAL representatives.
2. Discussion regarding The Loans-At-Work Program
ACTION
The Committee recommended continuation of the BMG Money Loans-At-Work
program on a permanent basis through calendar year 2015, as an alternative for
individuals who would not otheruvise have the ability to borrow from an institution.
NEW BUSINESS
3. Discussion regarding creating a Property Assessed Clean Energy (PACE)
Program by resolution and joining the existing lnterlocal Agreement
between by Harbor lslands, Biscayne Park, and Surfside
Agenda ttem COR
oate /-/lf S-230
ACTION
The Committee recommended moving forward with the PACE program and
sending this item to the Commission.
4. Discussion regarding Parking Demand AnalysisMalker Parking
Consultants
ACTION
The Committee took no action, but encouraged the Administration to return when
potential solutions are identified.
5. Discussion Regarding The Management Agreement With SP Plus Municipa!
Services, A Division Of Standard Parking Corporation, For Parking
Attendants, Specifically: (1) Not Exercising The City's Option To Renew
The Agreement; (2) Extending The Agreement On A Month-To-Month Basis;
And (3) lssuing A New RFP For Parking Attendants For The City's Parking
Garages.
ACT!ON
The Gommittee had no recommendation of changing the management agreement.
Advised staff will execute the one year renewal option with SP Plus Municipal
Services while examining new technology and cost saving measures that could be
used long term when the management agreement is up for renewal.
ITEMS REFERRED AT NOVEMBER 19. 2014 COMMISSION MEETING
6. Discussion To Amend The Living Wage Ordinance lnsurance Provision ln
Light Of ObamaGare
ACTION
Item deferred to February.
7. Discussion To Waive Fees For The Dolphins Cycling Challenge Event
Taking Place ln Miami Beach On February 7lh and 8th, 2015
ACTION
The Commiftee recommended waiving the fees as listed below for the Dolphins
Cycling Challenge (DCC) that raises money for the Sylvester Comprehensive
Cancer Center:
231
' APP feeo Permit fee. Square footageo Vehicle Access Passeso Lummus User Feeo Police/Fire admin
Total:
Discussion Regarding The
Jackie Gleason Theater
$250
$250
$9,900 without tax ($10,593 if taxed)
$2,250 (15 x $150)
$1,275
$1,570
$15,495
Live Nation Management Agreement For The
ACTION
Item deferred to January.
9. Discussion To Review Options To Reintegrate The Baptist Hospital
Network Among Providers Available To City Employees
ACTION
The Gommittee recommended moving forward with Av Med as a sole carrier if
staff can negotiate terminating the Humana contract. lf not, move fonrard with
giving employees the option of going with either Humana or Av Med !n the
meantime with enrollment beginning in March 2015. The motion was amended to
include an lnvitation to Negotiate (!TN) to see if other carriers are interested.
ro. Discussion Regarding 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
ACTION
Item deferred to January.
11. Discussion Asking The Commission for $10,000 for 2015 Senior Group
Programs To Reach Out To Senior Citizens Throughout Miami Beach
ACTION
The Committee recommended bringing this item back to Finance and Citywide
Gommittee no sooner than February 2015 after Stanley Shapiro meets with staff at
the Office of Housing and Community Services regarding the variety of cultural,
recreational and support programming available to elderly residents. The
Committee would like the item to return with performance measures, outcomes
and ensuring there is no duplication of efforts.
232
12. Discussion Regarding The Miami Beach Gonvention Genter Booking Policy
ACTION
Item deferred to January.
tg. Discussion Regarding Reevaluation Of City Of Miami Beach Tuition
Assistance Policy For City Of Miami Beach Employees
ACTION
The Committee recommended for the Fiscal Year 2015-2016 a two-year pilot
program where employees will receive tuition assistance based on the following
level of achievement:
1. Grade A = 80% reimbursement
2. Grade B = 60% reimbursement
3. Grade C = 40o/o reimbursement
The employee will also be required to work at the Gity for 2 years after receiving
this benefit or be required to pay back the funds received.
11. Discussion Regarding The Possible Addition Of Personal Watercrafts To
Our Police Department's Fleet
ACT!ON
ltem deferred to February.
233
c7
RESOLUTIONS
234
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution retroactively authorizing The City Manager or his designee to apply for and accept two (2)
Key lntended Outcome Supported:
1) Ensure reliable stormwater management and resiliency against flooding by implementing select short
and long{erm solutions including addressing sea-level rise; 2) lnduce public school accountability
mainlv at middle school
Supporting Data: Community Satisfaction Survey: 1) 11% of residents stated that "Addressing
flooding problems" would best improve the quality of life in Miami Beach; 2) 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
ional lnstitute fortest. (National lnstitute for Early Education Research Ru
Item Summary/Recommendation :
Retroactively approve and authorize the following grant application submittals: 1) Florida Division of
Emergency Management for the Hazard Mitigation Grant Program, for $325,000 for emergency
generators; 2) The Children's Trust Youth Enrichment Program for funding in the approximate amount
of $500,000 for the City's CHAMPS 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 and grant funding agreements and audits.
Financial lnformation:
City Clerk's Office Legislative Tracking:
Financial lmpact Summary: N/A
Grant Name/Project
Florida Division of Emergency
Management, Hazard M itigation Grant
Prog ram/ Emergency Generators
$275,000 - Matching
stormwater funds will
be requested throughthe FY 2015116capital budget
The Children's Trust, Youth EnrichmenU
Judy Hoanshelt, Grants Manager, Otfice of Budget and Performance lmprovement
AGENDA NEN C7 A
Sign-Offs:
MIAMIBEACH D^rE l- /y-l{235
MIAMIBEACH
City of Miomi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION R
the City C tssron
Y APPROVING AND AUTHORIZING
THE CITY MANAGER OR HlS DESIGNEE TO TAKE THE FOLLOWING
ACTIONS: 1) SUBMIT A GRANT APPLICATION FOR $825,000 TO THE
FLORIDA DIVISION OF EMERGENCY MANAGEMENT FOR THE
HMARD MITIGATION GRANT PROGRAM FOR EMERGENCY
GENERATORS; 2l SUBMIT A GRANT APPLICATION TO THE
CHILDREN'S TRUST YOUTH ENRICHMENT PROGRAM IN THE
APPROXIMATE AMOUNT OF $5OO,OOO, FOR THE CIffS CHAMPS
PROGRAM; AND FURTHER AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO TAKE ALL NECESSARY STEPS AND EXECUTE ALL
NEGESSARY DOGUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT AND/OR FUNDING
AGREEMENTS AND AUDITS.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
ANALYSIS
1. Retroactive approval to submit a qrant application to the Florida Division of
Emerqencv Manaqement for the Hazard Mitioation Grant Proqram, for $825,000
for emerqencv generators
The Hazard Mitigation Grant Program (HMGP) assists in implementing long-term hazard
mitigation measures. The goal of the program is to implement cost-effective hazard
mitigation activities that complement comprehensive mitigation programs, reduce
injuries, loss of life, and damage and destruction of property. The City has a FEMA-
approved mitigation plan and is eligible to receive project grant funding under the Hazard
Mitigation Grant program.
Emergency generators are needed for critical city facilities, pump stations and for the
City's storm water systems. The City currently has 15 active pump stations and another
five additional pump stations will be completed shortly. Additionally, six large pump
stations for the Alton Road project will be online and the City plans to put on 38
additional pumps stations in the next five years. Generators are required to run the
pump stations in the event of an emergency or power loss. A 25o/o match is required of
this grant; matching stormwater funds in the amount of $275,000 will be requested
236
Commission Memorandum
Page 2
through the FY 2015116 budget process. This project supports the key intended
outcome to ensure reliable stormwater management and resiliency against flooding by
implementing select short and long-term solutions including addressing sea-level rise.
2. Retroactive approval to submit an application to The Children's Trust. Youth
Enrichment Prooram, in the approximate amount of $500.000 for the Citv's
CHAMPS Prooram.
The Administration is applying for funding for two separate programs under the
Children's Trust, Youth Enrichment Program. An application will be submitted to
continue funding for the existing Miami Beach All Stars Program, which is a best practice
program that seeks to promote academic success and personal development for 125
sixth and seventh grade economically and educationally disadvantaged students in the
City of Miami Beach.
The second application will be for the newly created CHAMPS program. The CHAMPS
program seeks to promote academic success and personal development for 50 high
school economically and educationally disadvantaged students in the City of Miami
Beach. The comprehensive program includes a structured design of activities and
outcomes grounded in evidence-based services including: Life skills - (Botvin life Skills
Curriculum); Service learning - including community service and civic engagement;
Youth Career exploration and employment opportunities; STEM (Science, Technology,
Engineering, and Math); Art & Music Programming. The program seeks to reduce risk
factors and build protective factors by offering at-risk youth the opportunity to develop
life-long interests and acquire social, emotional and cognitive skills that will help them
make healthier life choices.
The Administration is requesting funding in the approximate amount of $500,000. This
grant does not require matching funds. This project supports the key intended outcome
to induce public school accountability mainly at Middle School.
CONCLUSION
A Resolution retroactively approving and authorizing the City Manager or hls designee to
submit grant applications to. 1) The Florida Division of Emergency Management for the
Hazard Mitigation Grant Program, in the approximate amount of $825,000 for
emergency generators; and, 2) The Children's Trust, Youth Enrichment Program for the
city's CHAMPS Program, in the amount of approximately 9500,000; 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.
JLM/JWJMH
T:\AG EN DA\20 1 5\January\Grants Mem o. docx
237
RESOLUTION TO BE SUBMITTED
238
COMMISSION ITEM SUMMARY
Condensed TiUe:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ENCOURAGING BUSINESSES IN THE CITY TO ACQUIRE AND INSTALL AUTOMATED
EXTERNAL DEFIBRILLATORS (AEDs) AND TO REGISTER THEIR AEDs WITH THE FIRE
DEPARTMENT OF THE CITY OF MIAMI BEACH
Item Summary/Recommendation :
access to defibrillation (PAD) means making Automated External Defibrillators (AEDs)available in
public places where large numbers of people gather or where people who are at high risk for heart attacks
live, work and play. The goalof PAD programs is to reduce time between the onsetof Sudden CardiacAnest
(SCA) and shock delivery.
SCA is a frightening condition where the victim suddenly'falls down dead" due to heart stoppage. There is
very little waming. Every year approximately 350,000 people die from SCA and often there are no warning
signs. lt kills nearly 1,000 people a day or one person every two minutes. Survival rates nationally for SCA are
less than 8olo. SCA can happen to anyone at any time. ln a SCA emergency, the use of an AED is critical.
An AED is a portable electronic device that automatically diagnoses potentially life threatening cardiac
anhythmias and is able to treat them through defibrillation. Defibrillation is the application of electir:al therapy
which stops the arrhythmia, allowing the heart to reestablish an effective fighm. SCA victims have a greater
chance of survival if they receive immediate CPR and receive defibrillation from an AED within three to five
minutes after a collapse. Even if CPR is performed, defibrillatbn with an AED is required to stop the abnormal
rhythm and restore a normal heart rhythm. Although not everyone can be saved from SCA, studies shorthat
early defibrillation can dramatically improve survival rates. EarV defibrillation combined with CPR can improve
survival rates to as high as74o/o when defibrillafpn is provided within three minutes of collapse. For every
minute without defibrillation, the victim's chancc of survival decreases by 7 to 10 percent.
Publicly available AEDs are rarely retrieved and used because bystanders generally cannot see them and
have no way to knor if one is even available nearby. Statistics provided by the CARES (Cardiac Anest
Registry to Enhance Survival) Registry indicate that publicty available AEDs are used bss firan 3% of tre time
when needed and available.
Encouraging a voluntary registration program of AEDs with the Fire Department will assist the Departrnent in
creating an AED Registry that establishes a database of AED locations throughout tre City of Miami Beach.
This will facilitate the sharing of information about AED locations with the City's Public Safety
Communications Unit and will allow the Fire Department to c,ollaboratively work together [o make the Caty of
Miami Beach a Heart Safe Community. The Fire Department will further provide PAD Program guidanci to
businesses choosing to voluntarily register their AEDs in the form of literature and site visits.
THE ADTINISTRATION RECOTMEilDS ADOPTING THE RESOLUTION.
Sgurc.e ofFunoa: I t It ,-f-oBPr |-mT-
Financial lmpact Summary:
Mrgilio Femandez, Fire
AIV
c7.F
/-/y-lfMIAMIBEACHOATE
239
rffi il,&il i--{
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MAY D CITY COMMISSION OF THE CITY OF
ACQUIRE AND INSTALL AUTOMATED EXTERNAL DEFIBRILLATORS (AEDs)
AND TO REGISTER THEIR AEDs WITH THE FIRE DEPARTMENT OF THE CITY
OF MIAMI BEACH.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Streamline The Delivery Of Services Through All Departments
BACKGROUND
Public access to defibrillation (PAD) means making Automated External Defibrillators (AEDs)
available in public places where large numbers of people gather or where people who are at
high risk for heart attacks live, work and play. The goal of PAD programs is to reduce time
between the onset of Sudden Cardiac Arrest (SCA) and shock delivery.
SCA is a frightening condition where the victim suddenly "falls down dead" due to heart
stoppage. There is very little warning. Every year approximately 350,000 people die from SCA
and often there are no warning signs. lt kills nearly 1,000 people a day or one person every two
minutes. Survival rates nationally for SCA are less than 8%. SCA can happen to anyone at any
time. ln a SCA emergency, the use of an AED is critical.
An AED is a portable electronic device that automatically diagnoses potentially life threatening
cardiac arrhythmias and is able to treat them through defibrillation. Defibrillation is the
application of electrical therapy which stops the arrhythmia, allowing the heart to reestablish an
effective rhythm. SCA victims have a greater chance of survival if they receive immediate CPR
and receive defibrillation from an AED within three to five minutes after a collapse. Even if CPR
is performed, defibrillation with an AED is required to stop the abnormal rhythm and restore a
240
Commission Memorandum
January 14,2015
AED Registration Program
Page 2 of 2
normal heart rhythm. Although not everyone can be saved from SCA, studies show that early
defibrillation can dramatically improve survival rates. Early defibrillation combined with CPR can
improve survival rates to as high as 74o/o when defibrillation is provided within three minutes of
collapse. For every minute without defibrillation, the victim's chance of survival decreases by 7
to 10 percent.
Publicly available AEDs are rarely retrieved and used because bystanders generally cannot see
them and have no way to know if one is even available nearby. Statistics provided by the
CARES (Cardiac Arrest Registry to Enhance Survival) Registry indicate that publicly available
AEDs are used less than 3o/o of the time when needed and available.
Encouraging a voluntary registration program of AEDs with the Fire Department will assist the
Department in creating an AED Registry that establishes a database of AED locations
throughout the City of Miami Beach. This will facilitate the sharing of information about AED
locations with the City's Public Safety Communications Unit and will allow the Fire Department
to collaboratively work together to make the City of Miami Beach a Heart Safe Community. The
Fire Department will further provide PAD Program guidance to businesses choosing to
voluntarily register their AEDs in the form of literature and site visits.
CONCLUSION
The Administration recommends the approval of this Resolution. The Resolution will encourage
businesses to acquire and install AEDs and to register their AEDs with the Fire Department
which will support the public health and welfare and assist the Department in supporting the
City's Key lntended Outcome to Streamline The Delivery Of Services Through All Departments.
T:\AGENDA\201 5\January\AED Memo.doc
241
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ENCOURAGING BUSINESSES
IN THE CITY TO AGQUIRE AND INSTALL AUTOMATED
EXTE RNAL DEFIBRI LLATORS (AEDs) AN D TO REGISTER TH EIR
AEDs WITH THE FIRE DEPARTMENT OF THE GITY OF MIAMI
BEACH.
WHEREAS, the Mayor and the City Commission of the City of Miami Beach find that it is in
the best interest of the citizens of Miami Beach to encourage the use of Automated External
Defibrillators (AEDs) within the City; and
WHEREAS, the City of Miami Beach seeks to promote public policy and actions that protect
the health and safety of Miami Beach residents and visitors; and
WHEREAS, each year, there are an estimated 360,000 out-of-hospital sudden cardiac
arrests in the United States affecting every age, fitness level, gender, and race, resulting in more
deaths than breast cancer, lung cancer, and AIDS combined; and
WHEREAS, it is estimated that, in the United States, only 5 to 10 percent of those who
experience sudden cardiac arrest survive; and
WHEREAS, survival rates are reduced by approximately 10 percent for each minute that
passes after the onset of sudden cardiac arrest; and
WHEREAS, sudden cardiac arrest is reversible in most victims if it is treated within a few
minutes with defibrillation to restore a normal heartbeat; and
WHEREAS, the Mayor and the City Commission of the City of Miami Beach wish to
encourage local businesses to acquire and install AEDs in order to promote the public health,
safety, and generalwelfare of the City and to registertheirAEDswith the Fire Department of the City
of Miami Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby encourage
businesses in the City of Miami Beach to acquire and installAutomated External Deflbrillators and to
register their AEDs with the Fire Department of the City of Miami Beach.
PASSED and ADOPTED this _ day of January, 2015.
Philip Levine, Mayor
ATTEST:
Ralph Granado, City Clerk
T:\AGENDA\20'l 5Uanuary\AED Reso.doc
242
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 Finance and Citywide Projects Committee to continue offering the
BMG Loans-at-Work program as a component of the employment benefits with the City of Miami
Beach.
Streamline the delivery of services through all departments
Item Summary/Recommendation :
The BMG Money Loans-At-Work program is a direct-to-consumer loan, designed for employees
who do not have access to traditional credit options. These loans are unsecured and based on
the following: (1) borrower's employment; (2) borrower's bi-weekly net take-home pay; and (3)
the ability to repay. The program does not verify the employee's credit worthiness but does
provide the opportunity to build good credit, as the loans are reported to the credit reporting
agencies when paid off.
Through the BMG Money Loans-At-Work program, employees with one year of service who are
at least 21 years old may:o Borrow up to 20o/o of their net take-home pay (minimum of $500 to a maximum of $5,000);. Pay loan interest rates from 23.75o/o to 29.75%; loans are repaid using simple interest -
interest is computed daily based on the loan outstanding loan balance;. Qualify for loans which are based solely on take home pay, ability to repay and are not
subject to credit worthiness;. Pay a $25 application fee (per loan);o Select their repayment period, at either 6, 12, 18 or 24 months; ando Pre-pay the outstanding loan amount at any time without penalty.
Should the employee default on the loans as they had either cancelled their payroll contribution
or left the employment of the City, BMG Money would be responsible for collecting any
outstanding loan balance directly from the employee. The City would not have any
for ino delinquent loan balances or be liable in
At the December 12, 2014, Finance and Citywide Projects Committee meeting, members
unanimously voted to continue offering this benefit to employee and recommended that staff not
am" but review its
Financial lnformation:
Source of
Funds:
OBPI
Amount Account
1
2
Tota!
Financia! lmpact Summary:
Sylvia Crespo-Tabak, Human Resources Director
T:\AGENDA\201sUanuary\Human Resources\BMG Money Loans-at-Work Summary.docx
AGENDA ,,eu C7 cooraWMIAMIBEACH243
.D
rt!!t!v
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORAMDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: RESOLUTION ACCEPTING THE ENDATION FROM THE FINANCE
AND CITYWIDE PROJECTS COMMITTEE TO CONTINUE THE BMG
LOANS.AT.WORK PROGRAM OFFERING TO ACTIVE CITY OF MIAMI
BEACH EMPLOYEES.
BACKGROUND
The BMG Loans-At-Work Program was implemented on trial basis for the period
January 1,2012 through December 31, 2012. At the January 24,2013, Finance and
Citywide Projects Committee (FCWPC) meeting, the Committee recommended
executing a month-to-month agreement with BMG Loans while the Administration
researched loan options.
At the December 12,2014 meeting, the FCWPC recommended that the City continue
with the program as a benefit of employment and that staff review its performance and
report back to the Committee every two to three years.
BMG Monev
BMG Money provides active employees voluntary loans through their program called
Loans-At-Work. The BMG Money Loans-At-Work program is a direct-to-consumer loan,
designed for employees who do not have access to traditional credit options. These
loans are unsecured and based on the following. (1) borrower's employment; (2)
borrower's bi-weekly net take-home pay; and (3) the ability to repay. The program does
not verify the employee's credit worthiness but does provide the opportunity to build
good credit, as the loans are reported to the credit reporting agencies when paid off.
Through the BMG Money Loans-At-Work program, employees with one year of service
who are at least 2l years old may:
o Borrow up to 20o/o of their net take-home pay (minimum of $500 to a maximum of
$5,000);. Pay loan interest rates from 23.75o/o to 29.75%; loans are repaid using simple
interest - interest is computed daily based on the loan outstanding loan balance;. Qualify for loans which are based solely on take home pay, ability to repay and are
not subject to credit worthiness;. Pay a $25 application fee (per loan);o Select their repayment period, at either 6, 12, 18 or 24 months; ando Pre-pay the outstanding loan amount at any time without penalty.
the City mission
244
BMG Money Loans-At-Work Program
January 14,2015
Page 2
ln addition to their loan program, BMG Money also provides employees with financial
education tools through their interactive website. Through their Money Matters
education tool, employees can watch a step-by-step video on financial management,
and access a "spending Diary" and a "Debt Worksheet" when directed to help them
create a budget. Through their "Other Resources" link, employees may access the
FDIC's Money Smart programs. ln addition, BMG Money will conduct financial
management training sessions for employees, either directly or with their partner, though
The United Way of Miami's Center for Financial Stability
The BMG Loans-At-Work program is currently offered to the several public employers
including the City of Doral, City of Hialeah, City of Hialeah Gardens, Jacksonville
Transportation Authority, Palm Beach County Clerk & Comptroller, Palm Beach County
Tax Collector, Town of Surfside, City of Sweetwater, and City of Fort Lauderdale.
Should the employee default on the loans as they had either cancelled their payroll
contribution or left the employment of the City, BMG Money would be responsible for
collecting any outstanding loan balance directly from the employee. The City would not
have any responsibility for collecting delinquent loan balances or be held liable in any
way.
RECOMMENDATION
The Administration supports adoption of the FCWPC recommendation to continue the
BMG Money Loans-At-Work program as an alternative for individuals who would not
othenrvise have the ability to borrow from an institution. Also based on the FCWPC's
recommendation that staff report of the program's performance at regular intervals, the
Administration further recommends that the report be placed on the Committee's
meeting agenda for December 2016.
T:\AGENDAV0l 5Uanuary\Human Resources\BMG Money Loans-At-Work Memo.docx
fr,
JLM/K6BISC-T
245
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE TO APPROVE THE CONTINUATION OF THE BMG
MONEY LOANS.AT.WORK PROGRAM AS A BENEFIT OF
EMPLOYMENT WITH THE CITY OF MIAMI BEACH
WHEREAS, there City of Miami Beach has been offering a direct{o-consumer loan,
designed for employees who do not have access to traditional credit options since January
2012; and
WHEREAS, between January 1,2012 and November 30,2014, 188 employees have
made use of the program; and
WHEREAS, the program provides employees the opportunity to obtain funds they may
need to cover unexpected or emergency expenses, such as medical bills, or home and vehicle
repairs; and
WHEREAS, the Finance and Citywide Projects Committee members reviewed the
options available to employees without access to traditional credit opportunities at the
December 12,2014 meeting; and
WHEREAS, a report will be provided to the Finance and Citywide Projects Committee at
its December 2016 meeting;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to approve the continuation of the BMG Money Loans-at-Work Program as a benefit
of employment with the City of Miami Beach.
PASSED AND ADOPTED this _ day of 2015
ATTEST:
Philip Levine, Mayor
APPROI'EDAS TO
FORiJl A UNGUAGE
IFORE(ECUITONRafael E. Granado, City Clerk
246
COMMISSION ITEM SUMMARY
Condensed Title:
A resolution of the Mayor and City Commission of the City of Miami Beach, Flonda, accepting the
recommendation of the Finance and Citywide Projects Committee to approve changes to the tuition
assistance orooram.
Ensure that a universal culture of high quality customer-service is driving the conduct of the city
Commission and all C
Item Summary/Recommendation :
TheTuitionAssistanceProgramisanemploymentbenefit,solong-termthattnetaM
was ten years ago in October 2004. The purpose of the program is to encourage employees to further
their education by taking approved or accredited courses which will improve their performance in the
services they were hired to perform or would be relevant to the employees' career development and
potential advancement within the City.
After significant discussion, the FCWPC recommended that the tuition assistant program be modified as
follows, upon City Commission approval, for employees in the unclassified and "others" salary groups.
' Assistance based on a sliding scale directly related to the employee's performance in school, for
approved coursework from accredited institutions of higher learning' Six credit hour limit on the number eligible for tuition assistance per semester' A repayment requirement if the employee separates within two years of having received assistance,
with an exception for employees who are laid off or die
Undergraduate Programs. 80o/o reimbursement for courses in which employees earn an "A". 60Vo reimbursement for courses in which employees earn a "8". 40o/o reimbursement for courses in which employees earn a "C"
Graduate Programs. 80o/o reimbursement for courses in which employees earn an "A". 600/o reimbursement for courses in which employees earn a "B"
Applicability of these changes to employees covered by a collective bargaining unit will be a subject to
negotiations with representatives from the American Federation of State County and Municipal
Employees (AFSCME), Communications Workers of America (CWA), Fraternal Order of Police (FOp),
Government Supervisors Association of Florida (GSAF) and the lnternational Association of Firefighters
(IAFF) when current collective barqaininq aqreements exoire.
AttheDecember12,2014,FinanceandCitywideProjectsCommitteemeeting,@
voted to continue approve changes to the tuition assistance proqram as set forth herein.
Source of
Funds:
Amount Account
1 $305,000 01 1-9590-000367
2
Total
Financial lmpact Summary:
Sylvia Crespo-Tabak, Human Resources Director
AGEHDA fiEn c7 DMIAMIBEACHoerc t -l('/ {247
& AdiT }J I I'llpItir A/V\IBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORAMDUM
TO:
FROM:
Mayor Philip Levine and Members of the City
Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: RESOLUTION AGCEPTING THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE'S RECOMMENDATIONS REGARDTNG THE CITY OF MTAMI
BEACH TUITION ASSISTANCE PROGRAM
BACKGROUND
At the November 19,2014, City Commission meeting, the subject program was referredto the Finance and Citywide Projects Committee (FCWPC) for its review and
recommendations and the matter was addressed at the December 12,2014, meeting.
The Tuition Assistance Program is an employment benefit, so long-term that the last
time it was reviewed was ten years ago, in October 2004. Budgetary allocations during
the same period of time have fluctuated between $30,000 and the current $20,000 per
year. Expenditures in 2004 were over budget by almost $8,000 but every year since
then, except for 2010, expenditures were significantly below allocated amounts. ln fiscal
year 2013114, 34 employees made use of the benefit for a total expenditure of slightly
over $19,000. Based on the amounts reimbursed, six of the 34 employees who filed for
reimbursement are enrolled in post-graduate programs.
The purpose of the program is to encourage employees to further their education by
taking approved or accredited courses which will improve their performance in the
services they were hired to perform or would be relevant to the employees' career
development and potential advancement within the City. The City reimburses tuition
only for one course per semester for a total of 12 credit hours per calendar year.
To be eligible for reimbursement, employees must successfully complete each course
taken, which means earning a grade of "C" or better and a "pass" if the course is graded
on a pass/fail basis. Reimbursement rates are as follows.
. Approved undergraduate community college and non-crediUcertificate courses -
$158.25;. Approved undergraduate university courses - $251.16; and. Approved graduate courses - $531 .15.
DISGUSSION
At the December 12,2014, meeting, Committee members were informed that in addition
248
FCWPC RECOMMENDATIONS REGARDING THE CITY OF MIAMI BEACH TUITION ASSISTANCE
PROGRAM
January 14,2015
Page 2
to the tuition assistance program, the City of Miami Beach has partnered with Barry
University, Carlos Albizu University, Florida lnternational University and Nova
Southeastern University to offer employees preferred tuition rates for a number of
programs. Offerings vary, yet despite significant discounts, post-graduate credit hours
may cost as much as $760, exclusive of application and lab fees, books and other
related expenditures.
ln April 2014, staff undertook an informal survey regarding tuition assistance and
received eight responses from municipalities in Miami-Dade and Broward Counties.
One did not offer any assistance; another offered it to select bargaining unit employees
and a third suspended its program due to budgetary constraints.
The different approaches among the entities that responded were striking. Two entities
allocated a certain amount to the program and reimbursed at the State tuition credit hour
rate until the allocations were exhausted. Since there were no limits on the number of
credit hours eligible for assistance, reimbursement was based on available funding. lf
an employee delayed submitting the required information, he or she ran the risk of losing
out on the benefit due to budgetary constraints.
Two municipalities, the Village of Key Biscayne and the City of Doral, based their
reimbursements on employee achievement. An "A" was reimbursed at lOOo/o, a "B" and
75o/o and a "C" at 50o/o at both organizations. The Village of Key Biscayne reimbursed
an employee up to $4,000 per fiscal year and the City of Doral reimbursed up to 18
credits per fiscal year.
Miami-Dade County reimburses up to 50% of tuition costs to any employee who earns a
"C" in an approved course after financial and other assistance has been applied.
ANALYSIS PRESENTED TO THE FCWPC
Should the City elect to make changes to the Tuition Assistance Program, the matter will
have to be negotiated with labor representatives as part of the collective bargaining
process. Changes, if adopted, may apply to employees in the unclassified or "otherd'
salary groups upon adoption.
The attached revised program procedures incorporate the following:
o Assistance based on a sliding scale directly related to the employee's
performance in schoolr No limit on the number of credit hours eligible for tuition assistanceo A repayment requirement if the employee separates within two years of having
received assistance, with an exception for employees who are laid off or die
The Administration recommends a two-year pilot program because it is difficult to
anticipate how much interest the program will generate and whether the City will be ableto afford to offer such an employment benefit. The cost analysis is based on the
following assumptions and the undergraduate tuition cost at Florida lnternational
University and $760.00 per credit hour for the Corporate Master of Business
249
FCWPC RECOMMENDATIONS REGARDING THE CITY OF MIAMI BEACH TUITION ASSISTANCE
PROGRAM
January 14,2015
Page 3
Administration also at Florida lnternational University.
Underqraduate Proqram
o lnstead of 28 employees, 56 enroll in an undergraduate program (a twofold
increase),o Each of the 56 takes 6 credit hours per semester for a total of 18 semester hours
per year at $203.59 per credit hour;. 40o/o earn an "A" which results in a cost of $66,000;o 30o/o earn a "8" which results in a cost of $37,000; and. 30o/o earn a "C" which results in a cost of $25,000 for a total expenditure of
$128,000
Corporate Master of Business Administration
o lnstead of 6 employees, 18 enroll in this graduate program;. Each of the 18 takes 6 credit hours for a total of 18 semester hours per year at
$760 per credit hours;o 60% earn an "A" which results in a cost of 9118,000; and. 40o/o earn a "B" which results in a cost of $59,000 for a total expenditure of
$177,000
Consequently, based on the above assumptions, this pilot program could run at
$305,000.
RECOMMENDATION
After significant discussion, the FCWPC recommended that the tuition assistant program
be modified as follows, upon City commission approval, for employees in the
unclassified and others salary groups.
o Assistance based on a sliding scale directly related to the employee's
performance in school, for approved coursework from accredited institutions of
higher learning
o Six credit hour limit on the number eligible for tuition assistance per semester
o A repayment requirement if the employee separates within two years of having
received assistance, with an exception for employees who are laid off or die
Underqraduate Proorams
o 80% reimbursement for courses in which employees earn an ,,A,'
. 60Yo reimbursement for courses in which employees earn a ',B"o 40o/o reimbursement for courses in which employees earn a ,,C,,
250
FCWPC RECOMMENDATIONS REGARDING THE CITY OF MIAMI BEACH TUITION ASSISTANCE
PROGRAM
January 14,2015
Page 4
Graduate Proorams
. 80Vo reimbursement for courses in which employees earn an "A". 600/o reimbursement for courses in which employees earn a "B"
Applicability of these changes to employees covered by a collective bargaining unit will
be a subject of negotiations with representatives from the American Federation of State
County and Municipal Employees (AFSCME), Communications Workers of America
(CWA), Fraternal Order of Police (FOP), Government Supervisors Association of Florida
(GSAF) and the lnternational Association of Firefighters (IAFF) when current collective
bargaining agreements expire.
The Administration recommends adoption of the FCWPC's recommendation and further
recommends that beginning with the 2016117 fiscal year budget, program costs be re-
evaluated during the budget allocation process.
Attachment
JLM/KGB/SC-T
T:\AGENDA\2015Uanuary\Human Resources\Tuition Reimbursement Rates at CMB Memo.docx
251
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO AMEND THE C!ry'S TUITION ASSISTANCE
PROGRAM AS FOLLOWS: TUITION ASSISTANCE SHALL BE BASED ON, BUT NOT
EXCEED, THE ESTABLISHED CREDIT HOUR TUITION RATE !N THE STATE'S
UNIVERSITY SYSTEM AT THE TIME OF ENROLLMENT; ASSISTANCE SHALL BE
BASED ON A SLIDING SCALE DIRECTLY RELATED TO THE EMPLOYEE'S
PERFORMANCE IN APPROVED GOURSEWORK FROM ACCREDITED INSTITUTIONS
OF HIGHER LEARNING WTH A SIX CREDIT HOUR LIMIT PER SEMESTER;
ASSISTANCE SHALL BE LIMITED TO 80 PERCENT OF THE TUITION COSTS FOR
COURSES IN WHICH EMPLOYEES EARN AN "A,'' 60 PERCENT WHEN THEY EARN A
"8," AND 40 PERCENT WHEN THEY EARN A "C," EXCEPT GRADUATE COURSES
FOR WHICH ASSISTANCE REQUIRES EARNING NO LESS THAN A UBU. A
REPAYMENT REQUIREMENT IF THE EMPLOYEE SEPARATES FROM EMPLOYMENT
BY THE CIry WITHIN TWO YEARS OF HAVING RECEIVED ASSISTANCE, WITH AN
EXGEPTION FOR EMPLOYEES WHO ARE LAID OFF OR DIE; AND APPROVING THE
REVISED CITY OF MIAMI BEACH EMPLOYEE TUITION ASSISTANCE PROGRAM SET
FORTH IN THE ATTACHED EXHIBIT A.
WHEREAS, there City of Miami Beach (City) has a long-standing tradition of
encouraging employees to further their education by offering a tuition assistance program; and
WHEREAS, the tuition assistance program has not been revised since 2004; and
WHEREAS, costs for a post-secondary education have risen considerably in the
intervening years; and
WHEREAS, tuition assistance is available only to full{ime City of Miami Beach classified
employees who have completed their probationary periods, or for unclassified employees who
have a minimum of six (6) months of continuous service. (Time served in a
Provisional/Temporary status is excluded); and
WHEREAS, the Finance and Citywide Projects (FCWP) Committee members reviewed
the status of the program and recommended the following changes at the December 12, 2014
meeting: tuition assistance shall be based on, but not exceed, the established credit hour tuition
rate in the State's University System at the time of enrollment; assistance shall be based on a
sliding scale directly related to the employee's performance in approved coursework from
accredited institutions of higher learning with a six credit hour limit per semester; assistance
shall be limited to 80 percent of the tuition costs for courses in which employees earn an 'A,' 60
percent when they earn 3 "B," and 40 percent when they earn I "C," except graduate courses
for which assistance requires earning no less than a "B"; and a repayment requirement if the
employee separated within two years of having received assistance, with an exception for
employees who are laid off or die; and
WHEREAS, a revised City of Miami Beach Employee Tuition Assistance Program that
incorporates the recommendations of the FCWP Committee, and other clean-up revisions, is
attached as Exhibit A; and
252
WHEREAS, the applicability of the revised City of Miami Beach Employee Tuition
Assistance Program, as set forth in Exhibit A, to employees covered by a collective bargaining
unit will be subject to negotiations when the current collective bargaining agreements expire.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND GITY
COMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City
Commission hereby accept the recommendations of the Finance and Citywide Projects
Committee to amend the City's Tuition Assistance Program as follows: tuition assistance shall
be based on, but not exceed, the established credit hour tuition rate in the State's University
System at the time of enrollment; assistance shall be based on a sliding scale directly related to
the Employee's performance in approved coursework from accredited institutions of higher
learning with a six credit hour limit per semester; assistance shall be limited to 80 percent of the
tuition costs for courses in which employee's earn an 'A,' 60 percent when they earn a "B," and
40 percent when they earn ? "C," except graduate courses for which assistance requires
earning no less than a "8"; and a repayment requirement if the employee separated from
employment by the City of Miami Beach within two years of having received assistance, with an
exception for employees who are laid off or die, within two years of having received assistance;
and approve the revised City of Miami Beach Employee Tuition Assistance Program set forth in
the attached Exhibit A ,
PASSED AND ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\201 5Uanuary\Human Resources\Tuition Reimbursement - Reso.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONlilr
253
CIry OF MIAMI BEACH EMPLOYEE TUITION ASSISTANCE PROGRAM
The City of Miami Beach Employee Tuition Assistance Program ("Program") is
established to provide financial assistance to eligible employees voluntarily
participating in training or educational programs from accredited institutions of
higher learning designed to improve their effectiveness which directly
benefits City operations, activities and objectives; provide professional
development; and help prepare employees for other opportunities within
the City's service.
Tuition is the fee for instruction and lab fees only, and does not include
textbooks, exams, audit fees, or any other expenses.
Tuition assistance is available to full-time City of Miami Beach classified
employees who have completed their respective probationary periods and to
unclassified employees who have no less than six months of continuous
service. Time served in provisional/temporary status is not included when
determining eligibility.
An accredited institution of higher learning, as defined in the Higher Education
Act, is an educational institution that awards a bachelor's degree or provides
not less than a 2-year program that is acceptable for full credit towards a
degree; is legally authorized within such State to provide a program of
education beyond secondary education; and is accredited by a nationally
recognized accrediting agency or association, or if not so accredited, is an
institution that has been granted preaccreditation status by such an agency or
association that has been recognized by the Secretary of Education.
QUALIFICATIONS:
The tuition assistance shall be based upon and not exceed the established
credit hour tuition rate in the State university system at the time of enrollment
and shall be limited to six credit hours per semester. Upon successful
completion of approved coursework, the assistance schedule is based on the
following levels of achievement:
1. Grade A = 80% reimbursement
2. Grade B = 60% reimbursement
3. Grade C = 40o/o reimbursement; except for graduate level courses which
are not eligible for reimbursement at this level of performance
4. A passing grade on a pass/fail basis = 80o/o reimbursement
Employees receiving financial assistance including scholarships, fellowships,
grants, special discounts and/or Veteran's benefits, will be eligible for tuition
assistance after the financial assistance has been applied to the tuition costs.
Exhibit A
254
The City reserves the right to determine and amend the number of courses, the
number of credit hours, and the level of tuition assistance prior to the beginning
of a school semester.
EMPLOYEE ELIGIBILITY:
Tuition assistance is available to full{ime City of Miami Beach classified
employees who have completed their respective probationary periods and to
unclassified employees who have no less than six months of continuous
service. Time served in provisional/temporary status is not included when
determining eligibility.
(a) For classified employees, an overall evaluation of "meets
expectations" or higher on the latest employee performance
evaluation preceding the beginning of classes.
Exception: A classified employee whose latest overall evaluation is
less than "meets expectations" may be eligible for tuition
assistance for coursework related to specific areas of performance
that have a requirement to take courses as a part of their job
performance, upon approval of the Human Resources Department.
(b) Unclassified employees must receive the approval of his or her
supervisor to participate in the Program.
COURSEWORK ELIGIBI LITY:
Guidelines for establishing eligible coursework are as follows:
(a) Degree and certification programs at accredited institutions which
relate directly to career opportunities within the City of Miami Beach
are eligible for approval.
(b) For those employees who have been approved for a degree
program, all general education courses specifically required by the
school will be approved.
(c) All other coursework will be considered on a course by course
basis.
(d) All courses must be taken outside of working hours unless the
employee's department director approves the use of annual leave. !f
administrative leave is granted to take a course during working
hours, which requires City Manager approval, no tuition assistance will
be granted.
Page2 of 4
255
(e) Online lnternet courses and programs provided by accredited Florida-
based educational institutions are eligible for tuition reimbursement.
DEPARTMENT DIRECTOR:
The department directors shall be responsible for verifying that all approved
coursework is in compliance with this administrative procedure, 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.
EMPLOYEE OBLIGATIONS:
ln order to be eligible for tuition assistance, employees receiving tuition
assistance under this Program must remain in the City's employ for a minimum
of two years following the last tuition assistance payment. Employees
separating from City service prior to the expiration of this period will reimburse
the City for the assistance received during the final year of employment through
deductions from their final payrol! check. lf the final paycheck is insufficient, the
employee will still be responsible for making arrangements to reimburse the
City or their separation papers shall be coded as not having left the City in good
standing and the employee shall remain responsible for any remaining
reimbursement.
ln the event the employee fails to reimburse the City, the services of an
attorney required to collect such debt shall be sought and such attorney's fees
and court costs shall be added to the amount owed the City.
No reimbursement will be required of those employees who have been laid off.
!f the employee dies while in the City's service, no reimbursement will be
sought from the employee's estate.
APPLICATION PROCEDURE:
Employees wishing to participate in the Program shall submit to their
department directors an application for coursework/degree approval no later
than thirty days prior to the start of classes.
COURSEWORK, DEGREE REVIEW AND APPROVAL:
The department director shall approve or disapprove the employee's request
after verifying the employee's eligibility for participation in the Program.
(a) Approval
After the department director approves the request, a copy of the original
application is returned to the employee advising them of the approval.
Page 3 of4
256
(b) 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 reimbursement, along with
tuition receipts, official grade notifications, and all supporting
documentation, to their department directors no later than thirty days from
receipt of their grades. The departments shall submit all applications to the
Human Resources Department, whether approved or disapproved, with the
supporting documents for final review and reimbursement approval.
PENALTIES:
Should an employee submit documentation which the employee knows is false
or intentionally misleading in order to receive benefits to which the employee is
not entitled, the employee shall be deemed ineligible to continue to participate
in the Program and shall repay City of Miami Beach for any tuition assistance
received while in the City's employ. The employee may be subject to
disciplinary action, including, but not limited to, dismissalfrom the City service.
Page 4 of 4
257
THIS PAGE INTENTIONALLY LEFT BLANK
258
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute Change Order No. 2 To Southern Underground
lndustries, lnc., Dated January 14,2015 (The Agreement); Relating To The Citywide High Tide Mitigation
Project (Project), lncreasing The Scope Of The Project To lnclude Additional Engineering Services,
Watermain lnstallation, Drainage Pipe Installation, Check Valves For Existing Outfall, For Various
Locations Requiring Protection From Tidal Flooding; And Further lncreasing The Project Cost To lnclude
The Additional Cost Of $1 80,000, Plus A Project Contingency ln The Amount Of $30,000, For A Total Cost
of $21
lntended Outcome Su
Item Su mmarv/Recommendation :
At its April 9,2014 meeting, the City Commission approved the award of a contract for the Citywide High
Tide Mitigation Project (the Project) to Southern Underground lndustries, lnc. (Southern), pursuant to
Invitation to lnvitation To Bid (lTB) No. 2014-086-5R, for the Project in the amount of $516,650, plus a
project allowance of $200,000 for expediting additional work and a base project contingency in the amount
of $71,665.00 for a not{o-exceed grand total of $788,315.00.
The Project's scope of work included the installation of drainage pipes to be in conjunction with the
installation of check valves in discharge pipes, temporary stormwater pump stations, existing drainage
structure modifications, and the installation of check valves where tidalflooding has occurred or predicted
to occur.
ln continued efforts to protect residents from tidal flooding throughout the City, the Public Works
Department requested an additional scope of work to the existing Agreement with Southern (Change Order
No. 1), which was approved at the June 11,2014 City Commission. Under Change Order No. 1, Southern
would continue to provide all necessary labor and equipment needed, including additional engineering
services, installation of the additional check valves, drainage structures, the installation of temporary
stormwater pump stations, and the removal of existing exfiltration trenches. The cost associated with
Change order No. 1 was $661 ,980.50, plus a total Project contingency in the amount of $88,019.50, for a
total construction cost of $775,000.
As the construction progresses, additional concerns have been revealed and as such, the Public Works
Department is requesting a Chance Order No. 2 to the Agreement, for an additional scope of work to
include additional check valves, modification of drainage structures, installation of drainage pipes, and a
watermain replacement in order to complete the Alton Road project.
COST ANALYSIS
Southern has submitted a cost proposal in the amount of $180,000 for additional services. City staff
reviewed the proposal and found that the amount was fair and reasonable.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Source ofFunds: I t lS'[-7-l-$-oBPt I rotal ls:
Financial lmpact Summary:
429-2730-069357
423-2948-069357
Clerk's Office
T:\AGENDAV014\December\PuBLIC WORKS\1700 W 25 ST Ea
AGESIBA ''',EII
C1 E# nA$AAAIBHACH trATE259
g MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MA
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the Resolution
$ 40.000 423-2948-069357
$ 210,000 ToTAL
BACKGROUND
At its April 9, 2014 meeling, the City Commission approved the award of a contract for the
Citywide High Tide Mitigation Project (the Project) to Southern Underground lndustries, lnc.
(Southern), pursuant to lnvitation to lnvitation To Bid (lTB) No. 2014-086-SR, for the Project in
the amount of $516,650, plus a project allowance of $200,000 for expediting additional work and
a base project contingency in the amount of $71,665.00 for a not-to-exceed grand total of
$788,315.00.
AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY GLERK TO EXECUTE CHANGE ORDER No. 2 TO SOUTHERN
UNDERGROUND INDUSTRIES, tNC., DATED JANUARY 14, 2015 (THE
AGREEMENT); RELATING TO THE CITYWIDE HIGH TIDE MITIGATION PROJECT
(PROJECT), TNCREASTNG THE SCOPE OF THE PROJECT TO TNCLUDE
ADDITIONAL ENGINEERING SERVICES, WATERMAIN INSTALLATION,
DRAINAGE PIPE INSTALLATION, CHECK VALVES FOR EXISTING OUTFALL,
FOR VARIOUS LOCATIONS REQUIRING PROTECTION FROM TIDAL FLOODING;
AND FURTHER INCREASING THE PROJECT COST TO INCLUDE THE
ADDITIONAL COST OF $18O,OOO, PLUS A PROJECT CONTINGENCY IN THE
AMOUNT OF $3O,OOO, FOR A TOTAL GOST OF $21O,OOO.
FUNDING
Amount
$ 170,000
Account Number
429-2730-069357
260
Commission Memorandum -Citywide Tidal Mitigation lmprovements - Change Order No. 2
Page 2 of 2
The Project's scope of work included the installation of drainage pipes to be in conjunction with
the installation of check valves in discharge pipes, temporary stormwater pump stations,
existing drainage structure modifications, and the installation of check valves where tidal
flooding has occurred or predicted to occur.
ln continued efforts to protect residents from tidal flooding throughout the City, the Public Works
Department requested an additional scope of work to the existing Agreement with Southern
(Change Order No. 1), which was approved at the June 11,2014 City Commission. Under
Change Order No. 1, Southern would continue to provide all necessary labor and equipment
needed, including additional engineering services, installation of the additional check valves,
drainage structures, the installation of temporary stormwater pump stations, and the removal of
existing exfiltration trenches. The cost associated with Change order No. 1 was $661,980.50,
plus a total Project contingency in the amount of $88,019.50, for a total construction cost of
$775,000.
As the construction progresses, additional concerns have been revealed and as such, the
Public Works Department is requesting a Chance Order No. 2 to the Agreement, for an
additional scope of work to include additional check valves, modification of drainage structures,
installation of drainage pipes, and a watermain replacement in order to complete the Alton Road
project.
COST ANALYSIS
Southern has submitted a cost proposal in the amount of $180,000 (ATTACHMENT) for
additional engineering services, a watermain installation, drainage pipe installation, check
valves for existing outfalls in various locations requiring protection from tidal flooding. The
proposal includes a construction cost of $180,000, plus a project contingency in the amount of
$30,000, for a total cost of $210,000. The proposal breakdown is as follows: $85,270 for the
force main repair at Belle lsle, $60,730 for additional check valve installation and $34,000 for
the water main installation on 14th Street.
This cost proposal has been submitted to the City's Public Works Department for further review
and recommendation. City staff reviewed the proposal and found that the amount was fair and
reasonable. We have priced the work through alternative methods including the FDOT Joint
Participation Agreement for Alton Road and the NJPA cooperative purchase but in both
instances, the costs were significantly higher. As a result, we are recommending this change
order.
CONCLUSION
The Administration recommends adopting the Resolution
Attachment - Southern Underground lndustries. Cost Proposals
JLM/Mr/@BAM/EA
261
UND€RGRfrUNDINOUSTfrIEg
December 24,2014
Mr. Jose Rivas, P.E.
City of Miami Beach Public Works Department
1700 Convention Center Dr.
Miami Beach, FL 33139
Project: City Wide High Tide Mitigation Project
Re: Proposal to Repair Overflowing Stormwater Forcemain on Belle Isle
Mr. Rivas,
As per your request, Southern Underground Industries has reviewed the plan excerpts you
provided and we visited the site to observe the overflow condition and surrounding area. It
appears that each time the stormwater pump station turns on the water is conveyed through
a24" DlP force main to a diffusion-type inlet approximately 100 feet east of the seawall on
the south side of the Venetian Causeway. From this structure to the seawall, the pipe
reduces in size from a 24" to an 18" DIP force main which connects with a concrete collar
to the existing 18" RCP outfall pipe. As you know, this constriction of pipe diameter
causes the stormwater under pressure to overflow through the manhole inlet cover in the
bike lane.
Our opinion is that the connection of an inlet to this forcemain system is not appropriate
given the volumes and pressures running through the pipe. It is our recommendation that
this inlet opening be eliminated, the 24" DIP force main connected to eh l8" force main
and to fill the structure with grout and abandon. This approach, however, will require for
the curb & gutter, and sidewalk, to be repitched from the bridge to the intersection
(approximately 150 LF) to allow for rain water to be conveyed to the nearest inlet around
the corner as there will no longer be an inlet at this location. The following scope of work
has therefore been considered.
SCOPE OF WORK: Labor, equipment, and material necessary to install:
24" 45 bends, a24" x18" Reducer, and sleeves as required. (see sketch)
Based on this scope of work, Southern Underground Industries proposes to complete this
work for a lump sum price of $851275.00 and we will need 3-4 weeks to complete all work.
Feel free to call me with any questions regarding this proposal. Thank you for the
opportunity.
3453 NW 44 Street, Suite 205, Oakland Park, FL 33309 (954)650-4699 Page 1 of2
262
ffiI soeffH€n*
UNDgR6ROUNT'
INDUSTRI€5
Southem Underground Industries, Inc.
3453 NW 44 Street, Suite 205, Oakland Park, FL 33309 (954)650-4699 Page2 of2
263
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UTID€PGROUND
tNDUST*l€S
December 1,2014
Mr. Jose Rivas, P.E.
City of Miami Beach Public Works Department
1700 Convention Center Dr.
Miami Beach, FL 33139
Project: City Wide High Tide Mitigation Project
Re: Proposal for Water Main Extension on 14th Street, from Alton Road East to Alley
Mr. Rivas,
Southern Underground Industries has reviewed the plans you provided and we have
prepared the following proposal. As per the plans and our discussions the following is a
general summary of the scope of work. Please note that due to the project completed by
Bergeron in this area, there is a portion of existing asphalt that is 14" thick. This proposal
includes saw cutting this asphalt and restoring with 12" of limerock and 2" asphalt patch
restoration.
SCOPE OF WORK: Labor, equipment, and material necessary to install, including:
Based on this scope of work, Southern Underground Industries proposes to complete this
work for a lump sumprice of $34,000.00 and we will need2-3 weeks to complete all work,
including testing, clearance, final clearance, connections, and restoration. Feel free to call
me with any questions regarding this proposal. Thank you for the opportunity.
Sincerely,
Southern Underground
Vice President
Industries, Inc.
3453 NW 44 Street, Suite 205, Oakland Park, FL 33309 (954)650-4699 Page I ofl
266
Restoration, Remove & Replace Guardrail
267
268
Condensed Title:
A Resolution Accepting The Recommendations Of The Finance And Citywide Projects Committee,
Approving And Authorizing The City Manager To Execute Amendment No. 1 To The Lease Between
The City And Mystery Park Arts Company, lnc. (Sobe Arts), Dated January 13, 2010, For The
Demised Premises Located At 2100 Washington Avenue, Miami Beach, Florida; Said Amendment
Correcting A Scrivener's Error ln Sobe Arts' Name; And Providing For The Renewal Of The Lease For
A Seven (7) Month Renewal Period, Commencing January 13, 2015 And Ending August 12, 2015,
And Continuing Thereafter On A Month To Month Basis Until Such Time As The Convention Center
Renovation And sion Proi ns Construction.
COMMISSION ITEM SUMMARY
lntended Outcome
Item Summary/Recommendation :
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Mystery Park Arts Company, lnc., d/b/a SoBe lnstitute of the Arts ("SoBe Arts"), currently has a Lease
Agreement for the use of a facility having approximately 3,080 square feet, known as the Carl Fisher
Clubhouse, located within the 21" Street Community Center Complex, 2100 Washington Avenue, and
an additional building, having approximately 2,295 square feet, known as the "Little Stage Theater"
located in the same complex (collectively referred to herein as the "Demised Premises"). The Base
Rent is $1.20 per year and the Additional Rent to cover SoBe Arts' proportionate operating expenses
is $10,464 peryear, payable in monthly installments of $872 per month (calculated based on $500 for
the Clubhouse and $372 for the Little Stage Theater). Pursuant to the Lease Agreement, the City also
receives fifteen percent (15%) of any gross revenues derived from third party rentals of the facility.
The Lease Agreement entitles SoBe Arts to an initial five-year lease term, commencing on January
13,2010 and ending on January 12,2015, with two (2) renewal options of two (2) years each at the
City's sole discretion.
The Finance and Citywide Projects Committee considered this at the June 11,2014 meeting and
recommended continuing the Lease untilAugust 2015 and then continuing on a month-to-month basis
until the Convention Center Renovation construction commences. Attached is a lease renewal based
on the Committee recommendation.
The Lease also contains a scrivener's error, referencing Sobe Arts' name as Mystery Parks Arts
Company, lnc., instead of the correct corporate name of Mystery Park Arts Company, lnc., which is
curren business as Sobe lnstitute of the Arts. This amendment corrects this scrivener's error
The Finance and Citywide Projects Committee considered this at the June 1 1, 2014 meetingpnd
recommended continuing the Lease untilAugust 2015 and then continuing on a month-to-month basis
until the Convention Center Renovation construction commences.
Source of I IFunds: t-----l-l-t--7-T--OBPI I Tota! i
Financial Impact Summary:
Clerk's Office
a
-
AGENDA NEN C7 FMIAMIBEACHo^rE /-/r-/f269
E MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
coMMrssloN MEMoRANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THEctry oF MtAMt BEACHI FLORIDA, ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
GOMMITTEE; APPROVING AND AUTHORIZING THE CITY MANAGER
TO EXECUTE AMENDMENT NO. 1 TO THE LEASE BETWEEN THE
ctTY AND MYSTERY PARK ARTS COMPANY, !NC. (SOBE ARTS),
DATED JANUARY 13,2010, FOR THE DEMISED PREMISES LOCATED
AT 2100 WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID
AMENDMENT CORRECTING A SCRIVENER'S ERROR !N SOBE ARTS'
NAME; AND PROVIDING FOR THE RENEWAL OF THE LEASE FOR A
SEVEN (7) MONTH RENEWAL pERtOD, GOMMENCTNG JANUARY 13,
2015 AND ENDING AUGUST 12, 2015, AND CONTINUING
THEREAFTER ON A MONTH TO MONTH BASIS UNTIL SUCH TIME AS
THE CONVENTION CENTER RENOVATION AND EXPANSION
PROJECT BEGINS CONSTRUCTION.
ADMINISTRATTON RECOMMENDATION
Adopt the Resolution as recommended by the Finance and Citywide Projects
Commission Committee.
BAGKGROUND
Mystery Park Arts Company, lnc., d/b/a SoBe lnstitute of the Arts ("SoBe Arts"), currently
has a Lease Agreement for the use of a facility having approximately 3,080 square feet,
known as the Carl Fisher Clubhouse, located within the 21't Street Community Center
Complex, 2100 Washington Avenue, and an additional building, having approximately
2,295 square feet, known as the "Little Stage Theate/' located in the same complex
(collectively referred to herein as the "Demised Premises"). The Demised Premises is
authorized to be used for the purpose of conducting educational programs, film
workshops, theater/dance programs, and arts/acting/music classes and lessons, such as
professional performances, music concerts, arts lectures/demonstrations and
multidisciplinary and theatrical productions; art-related general events such as
com munity collaborations, fund raising events and student performances.
The Base Rent is $1.20 per year and the Additional Rent to cover SoBe Arts'
proportionate operating expenses is $10,464 per year, payable in monthly installments
of $872 per month (calculated based on $500 for the Clubhouse and $372 for the Little
Stage Theater). Pursuant to the Lease Agreement, the City also receives fifteen percent
(15Yo) of any gross revenues derived from third party rentals of the facility. The Lease
tl
f the City,Qommission1\_,
270
SoBe Arfs' Lease Renewal
2100 Washinglon Avenue
City Commission Meeti ng
January 14,2015
Page 2 of 2
Agreement entitles SoBe Arts to an initial five-year lease term, commencing on January
13,2010 and ending on January 12,2015, with two (2) renewal options of two (2) years
each at the City's sole discretion.
The Finance and Citywide Projects Committee considered this at the June 11,2014
meeting and recommended continuing the Lease until August 2015 and then continuing
on a month-to-month basis until the Convention Center Renovation construction
commences. Attached is a lease renewal based on the Committee recommendation.
The Lease also contains a scrivener's error, referencing Sobe Arts' name as Mystery
Parks Arts Company, lnc., instead of the correct corporate name of Mystery Park Arts
Company, lnc., which is currently doing business as Sobe lnstitute of the Arts. This
amendment corrects this scrivener's error.
The Cultural Arts Council ('CAC') panel meeting for Anchors and Junior Anchors was
held on March 6,2014. SoBe Arts scored the lowest of the 14 organizations evaluated,
receiving a final score oI 64.4. A minimum of 80 points is required to be eligible for
funding and therefore SoBe Arts was not eligible for CAC funding in FY 2014-15.
CONCLUSION
The Administration recommends adopting the Resolution as recommended by the
Finance and Citywide Projects Commission Committee.
,b
JLM/KGB/MS
T: \AGE N DA\20 1 5Ua n uary\TC E D\fvlystery Pa rks Arts FCWPC Recom m M EMO. doc
271
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATIONS OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE; APPROVING
AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO.
1 TO THE LEASE AGREEMENT BETWEEN THE CITY AND MYSTERY
PARK ARTS COMPANY, ING. (SOBE ARTS, TENANT), DATED JANUARY
13, 2010, FOR THE DEMISED PREMISES LOCATED AT 21OO
WASHINGTON AVENUE, MIAMI BEACH, FLORIDA; SAID AMENDMENT
CORRECTING A SGRIVENER'S ERROR IN TENANT,S NAME; AND
PROVIDING FOR THE RENEWAL OF THE LEASE FORAN INITIAL SEVEN
(7) MONTH RENEWAL PERIOD, COMMENCING JANUARY 13, 2015 AND
ENDING AUGUST 12,2015, AND CONTINUING THEREAFTER ON A
MONTH.TO.MONTH BASIS UNTIL SUGH TIME AS THE CONVENTION
CENTER RENOVATION AND
CONSTRUCTION.
EXPANSION PROJECT BEGINS
WHEREAS, Mystery Park Arts Company, lnc. d/b/a SoBe lnstitute of the Arts (SoBe Arts,
Tenant), has a lease agreement (Lease Agreement) for the use of a facility having approximately
3,080 square feet, known as the Carl Fisher Clubhouse, located within lhe 21t' Street Community
Center Complex, 2100 Washington Avenue, and an additional building, having approximately 2,295
square feet, known as the "Little Stage Theated' located in the same complex (collectively referred to
herein as the "Demised Premises"); and
WHEREAS, the Demised Premises is authorized to be used for the purpose of conducting
educational programs, film workshops, theater/dance programs, and arts/acting/music classes and
lessons, such as professional performances, music concerts, arts lectures/demonstrations and
multidisciplinary and theatrical productions; art-related general events such as community
collaborations, fundraising events and student performances; and
WHEREAS, the Lease Agreement provides for an initial five-year lease term, commencing
on January 13,2010 and ending on January 12,2015, with two (2) renewal options of two (2) years
each at the City's sole discretion; and
WHEREAS, the Finance and Citywide Projects Committee (Committee) considered the
exercise of the initial renewal term at the June 1 1 ,2014 meeting and recommended extending the
Lease for one (1) seven (7) month renewalterm, commencing January 13,2015 and ending August
12,2015, and then continuing on a month-to-month basis, thereafter subject to termination by either
party, upon thirty (30) days written notice (Modified Renewal Term), until the Convention Center
Renovation construction commences; and
WHEREAS, the Lease contains a scrivener's error, referencing Tenant's name as Mystery
Parks Arts Company, lnc., instead of the correct corporate name of Mystery Park Arts Company,
lnc., which is currently doing business as Sobe lnstitute of the Arts; and
WHEREAS, the Administration recommends the Mayor and City Commission approve
Amendment No. 1 (Amendment) to the Lease Agreement, correcting the scrivener's error and
approving the Modified Renewal Term; and further authorize the City Manager to execute said
Amendment.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission of the City of
Miami Beach, Florida, hereby accept the recommendations of the Finance and Citywide Projects
272
Committee; approve and authorize the City Manager to execute Amendment No. 1 to the Lease
Agreement between the City and Mystery Park Arts Company, lnc. (SoBe Arts, Tenant), dated
January 13,2010, for the Demised Premises located a|2100 Washington Avenue, Miami Beach,
Florida, substantially in the form attached hereto and incorporated herein as Exhibit "l"; said
Amendment correcting a scrivener's error in Tenant's name; and providing for the renewal of the
Lease for an initial seven (7) month renewal period, commencing January 13,2015 and ending
August 12,2015, and continuing thereafter on a month to month basis, until such time as the
convention center renovation and expansion project begins construction.
PASSED and ADOPTED this 14th day of January, 2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
JLMKGB/MAS
T:\AGENDA\201 5Uanuary\TCED\l'lew Year's Eve 2014-201 5.RESO.doc APPROVED AS TO
FORM & LANGUAGE
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Dote
273
AMENDMENT NO.I TO THE LEASE AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
MYSTERY PARK ARTS COMPANY, tNC. ("TENANT") DATED JANUARY 13,
2010 (THE "AGREEMENT")
RECITALS
This Amendment No. 1 ("Amendment") to the Lease Agreement is made and
entered into on this day of , 2015 (Effective Date), by and
between the City of Miami Beach, Florida, a municipal corporation organized and
existing under the laws of the State of Florida, having its principal place of business at
1700 Convention Center Drive, Miami Beach, Florida 33139 (City), and Mystery Park
Arts Company, lnc., a Florida not-for-profit corporation, having its principal place of
business at2100 Washington Avenue Miami Beach Florida 33139 ("Tenant").
WHEREAS, Tenant, Mystery Park Arts Company, lnc. d/b/a SoBe lnstitute of the
Arts, has a lease agreement ("Lease Agreement" or "Agreement") for the use of a facility
having approximately 3,080 square feet, known as the Carl Fisher Clubhouse, located
within the 21st Street Community Center Complex, 2100 Washington Avenue, and an
additional building, having approximately 2,295 square feet, known as the "Little Stage
Theate/' located in the same complex (collectively referred to herein as the "Demised
Premises"); and
WHEREAS, the Demised Premises is authorized to be used for the purpose of
conducting educational programs, film workshops, theater/dance programs, and
arts/acting/music classes and lessons, such as professional performances, music
concerts, arts lectures/demonstrations and multidisciplinary and theatrical productions;
art-related general events such as community collaborations, fundraising events and
student performances; and
WHEREAS, the Lease Agreement provides for an initial five-year lease term,
commencing on January 13, 2010 and ending on January 12,2015, with two (2) renewal
options of two (2) years each at the City's sole discretion; and
WHEREAS, the Finance and Citywide Projects Committee (Committee)
considered the exercise of the initial renewal term at the June 1 1, 2014 meeting and
recommended extending the Lease for an initial seven (7) month renewal term,
commencing January 13, 2015 and ending August 12, 2015, and then continuing on a
monthto-month basis ("Modified Renewal Term") until the Convention Center
Renovation construction commences; and
WHEREAS, the Lease Agreement contains a scrivener's error, referencing
Tenant's name as Mystery Parks Arts Company, lnc., instead of the correct corporate
name of Mystery Park Arts Company, lnc.; and
WHEREAS, on January 14, 2015, the Mayor and City Commission passed
Resolution No., accepting the recommendation of the Committee
and approving and authorizing the Amendment to the Lease Agreement, correcting the
scrivener's error and approving and authorizing the Modified Renewal Term; and further
authorizing the City Manager to execute said Amendment.
EXHIBIT
t' tt'
274
NOW THEREFORE, in consideration of the mutual promises and conditions
contained herein, and other good and valuable consideration, the sufficiency of which is
hereby acknowledged, the City and Tenant hereby agree to amend the Agreement as
follows:
1. The above recitals are true and correct and are incorporated as part of this
Amendment.
2. Tenant, as referenced throughout the Lease Agreement is hereby amended to
reflect Mystery Park Arts Company, lnc., a Florida not-for-profit corporation.
3. Subsection 2.2 ol the Lease Agreement is hereby deleted in its entirety and
replaced with the following:
2.2 At the expiration of the initial term herein, the City and Tenant agree to
renew the Lease Agreement for one (1) renewal term, of seven (7)
months, commencing January 13,2015 and ending August 12,2015, and
then continuing on a month{o-month basis, subject to termination by
either party, as more particularly set forth in Subsection 2.3 herein.
4. The first paragraph of Section 22. of the Agreement is amended to reduce the
notice period from one hundred twenty (120) days to thirty (30) days, and shall
be restated as follows:
22. Termination for Convenience.
Tenant acknowledges that the City may develop a schedule of capital
improvements for the Demised Premises. ln the event that the City is
required to close the Demised Premises for the purpose of undertaking
such improvements, then the parties agree that the Lease Agreement
shall be terminated for convenience, without cause and without penalty to
either party. Such termination shall become effective upon €n*und{€d
thirty (30) days prior
written notice to Tenant.
5. Except as amended herein, all other terms and conditions of the Lease
Agreement shall remain unchanged and in fullforce and effect.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
FOR GITY:
ATTEST:
CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, Gity Clerk Philip Levine, Mayor
By:
Date Date
275
FOR TENANT:
ATTEST:
By:
Secretary
Print Name
Date
F:\Gisela\Forms\Amendments\Amendment Template
MYSTERY PARK ARTS
COMPANY, INC.
President
Print Name
276
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
Waiving $15,495 ln Special Event Fees For The Dolphins Cycling Challenge Event Taking Place ln
Miami Beach On 7th And 8th, 2015.
lntended Outcome
Maximize the Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey
indicated that most Miami Beach residents (640/0) indicated there were the right number of major
events in the Citv: 24%
ltem S ummary/Recommendation :
The item was referred by Commission Weithorn at the November 19, 2014 City Commission Meeting.
The first Dolphins Cycling Challenge (DCC) was held November 2010 where they raised $533,000, for
Sylvester Comprehensive Cancer Center. ln2011, $1,070,000 was raised, more than doubling the
funds raised in the 2010 inaugural ride. Again in 2012, DCC doubled in ridership and in fundraising
raising $2,200,000 for Sylvester Comprehensive Cancer Center, while adding a Miami Beach rest
stop/ reception component, based at the Miami Beach Marina parking lot. At the fourth Dolphins
Cycling Challenge in 2013, more than 2,500 riders raised $3.1 million for Sylvester, with the rest stop/
reception portion moving to Ocean Drive and the beachfront. This year, the NFL recognized this as a
signature event for the League and worked with the City to move the event to February 7, 2015, after
the conclusion of the NFL season, in orderto increase participation from players.
There are several rides that vary in distance, but the 29 mile ride, entitled the Miami Beach
Touchdown Ride starts at Sun Life Stadium and ends on Ocean Drive and features a reception tent on
the beachfront south of 1Oth Street. The event is produced and permitted under Dolphins Cycling
Challenge, lnc, a 501(cX3) non-profit organization. Based on prior years, the total estimated special
event related fees are $15,495.00. Please note that a Security Deposit of $5,000 is also required, but
is not an item that can be waived.
The Finance and Citywide Projects Committee considered this item at their December 12,2014
ing and recommended in favor of the requested waiver of fees.
Financial lnformation :
Max Sklar
AGENDA trEM c7 eE MIAMIBEACH o^rE /-/(/'/r277
g MIAMIBEACH
. APP fee. Permit fee. Square footage. Vehicle Access Passes $2250 (15 x$150)
Clly ot Mloml Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Honorable Mayor and Members of ffie City
FRoM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE WAIVING $15,495 IN SPECIAL
EVENT FEES FOR THE DOLPHINS CYCLING CHALLENGE EVENT TAKING
PLACE !N MIAMI BEACH ON FEBRUARY 7TH AND 8TH, 2015.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as recommended by the Finance and Citywide Projects Committee at their
December 12, 2014 meeting.
ANALYSIS
The item was referred by Commission Weithorn at the November 19, 2014 City Commission
Meeting.
The first Dolphins Cycling Challenge (DCC) was held November 2010 where they raised
$533,000, for Sylvester Comprehensive Cancer Center. ln 2011, $1,070,000 was raised, more
than doubling the funds raised in the 2010 inaugural ride. Again in 2012, DCC doubled in
ridership and in fundraising raising $2,200,000 for Sylvester Comprehensive Cancer Center,
while adding a Miami Beach rest stop/ reception component, based at the Miami Beach Marina
parking lot. At the fourth Dolphins Cycling Challenge in 2013, more than 2,500 riders raised
$3.1 million for Sylvester, with the rest stop/ reception portion moving to Ocean Drive and the
beachfront. This year, the NFL recognized this as a signature event for the League and worked
with the City to move the event to February 7, 2015, after the conclusion of the NFL season, in
order to increase participation from players.
There are several rides that vary in distance, but the 29 mile ride, entitled the Miami Beach
Touchdown Ride starts at Sun Life Stadium and ends on Ocean Drive and features a reception
tent on the beachfront south of 1Oth Street. The event is produced and permitted under Dolphins
Cycling Challenge, lnc, a 501(cX3) non-profit organization. Based on prioryears, the following is
an estimate of the special event related fees:
o Lummus User fee. Police/ Fire admin
Total:
$2s0
$250
$9,900 without tax ($10,593 if taxed)
$1275
$1 570
$15,495
Please note that a Security Deposit of $5,000 is also required, but is not an item that can be
waived.
278
Commission Memorandum
January 14, 2015
Dolphins Cycling Challenge - Specral Event Fee Waiver
Page 2 of 2
The Finance and Citywide Projects Committee considered this item at their December 12,2014
meeting and recommended in favor of the requested special event fee waivers.
CONCLUSION
The Administration recommends adopting the Resolution as recommended by the Finance
ana
ffiae
Projects Committee at their December 12,2014 meeting.
JLM:KGB:MAS
T:\AGENDA\20 1 SUan uary\TCED\fcwpc DCC special event fee waiver MEMO.docx
We ore commilfed to providing excellenl public service ond sofe\ lo oll who live work. and ploy in our vibranl lropical, historic community
279
280
COMMISSION IIEM SUMMARY
Gondensed Title:
A Resolution Accepting The Recommendation Of The Neighborhoods And Community Affairs
Committee Approving The 2015 List Of Organizations And/Or Groups Eligible To Receive
Complimentary Tickets As Per The City's Complimentary Ticket Policy Pursuant To Resolution No.
2014-28638.
lntended Outcome Su
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
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.
The list was prelimiharily reviewed at the November Neighborhoods and Community Atfairs
Committee meeting and the Committee requested clarification regarding the Miami based
organizations. The Miami based organizations were originally included because, at the time, they
were part of the City's service partnership serving youth and families in Miami Beach. Although these
organizations are not based in the City they do provided services in the City. The attached list has
been revised to group the organization who are part of the service partnership together. Additionally,
ASPIRA and South Florida Center for Family Counseling have been removed because they are no
longer part of the partnership and no longer providing services on Miami Beach. Choices At Al, lnc.
and Get Credit Healthy are both part of the service partnership, but are for profit companies. lnstitute
for Child and Family Health and Switchboard Miami are non-profit entities who are part of the service
partnership program.
The Neighborhoods and Community Atfairs Committee reviewed the list again on December 19,2014
and recommended organizations sign an affidavit acknowledging that tickets are not for resale and
must be fairly and equitably distributed among residents or participants of the organization. The
Commission also recommended the City stamp the ticket "Not For Resale" prior to distribution.
The Administration recommends adopting the Resolution as recommended by the Neighborhoods and
Affairs Committee at their December 19,2014 meetin
The Neighborhoods and Community Affairs Committee considered this item at their December
19.2014 meetino and recommended these
Financial lnformation:
OBP!
Financia! Impact Summary: N/A
Max Sklar
Dgpartqpnt Director Assistant Cj[y Manager \ City ManagerW%r<-/{,t"'
AGENoA nErn c-7 H
D^rE /-/ty'/ fE MIAMIBEACH 281
MIAMIBEACH
6ify of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Honorable Mayor and Members of City
Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MA
OF MIAMI BEACH, FLORIDA EPTING THE RECOMMENDATION OF
THE NEIGHBORHOODS AND COMMUNITY AFFAIRS COMMITTEE
APPROVING THE 2015 LIST OF ORGANIZATIONS AND/OR GROUPS
ELIGIBLE TO RECEIVE COMPLIMENTARY TICKETS AS PER THE CITY'S
COMPLIMENTARY TICKET POLICY PURSUANT TO RESOLUTION NO.
2014-28638.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution as recommended by the Neighborhoods and Community Affairs
Committee at their December 19,2014 meeting.
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.
The list was preliminarily reviewed at the November Neighborhoods and Community
Affairs Committee meeting and the Committee requested clarification regarding the
Miami based organizations. The Miami based organizations were originally included
because, at the time, they were part of the City's service partnership serving youth and
families in Miami Beach. Although these organizations are not based in the City they do
provided services in the City. The attached list has been revised to group the
organization who are part of the service partnership together. Additionally, ASPIRA and
South Florida Center for Family Counseling have been removed because they are no
longer part of the partnership and no longer providing services on Miami Beach. Choices
At Al, lnc. and Get Credit Healthy are both part of the service partnership, but are for
profit companies. lnstitute for Child and Family Health and Switchboard Miami are non-
profit entities who are part of the service partnership program.
The Neighborhoods and Community Affairs Committee reviewed the list again on
r915.20r5
TO:
FROM
AND CITY COMMISSION OF THE CIry
282
December 19, 2014 and recommended organizations sign an affidavit acknowledging
that tickets are not for resale and must be fairly and equitably distributed among
residents or participants of the organization. The Commission also recommended the
City stamp the ticket "Not For Resale" prior to distribution.
CONCLUSION
The Administration recommends adopting the Resolution as recommended by the
Neighborhoods and Community Affairs Committee at their December 19,2014 meeting.
turkntes
T:\AGENDA\201SUanuary\TCED\Comp Tickets Non Profit List NCAC Recommendation Memo.docx
283
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COMMISSION ITEM SUMMARY
Gondensed Title:
A resolution retroactively approving a contribution from the Ocean Drive Association of an amount not to
exceed $30.000.00 in su of the closure of Ocean Drive for the 2014-2015 New Year's celebration.
lntended Outcome Su
Maximize the Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Community Satisfaction Survey
indicated that most Miami Beach residents (64Yo) indicated there were the right numberof majorevents in
Item Summary/Recommendation :
Similar to the prior thirteen (13) years, the Ocean Drive Association (ODA) approached the City to request
participation and sponsorship of a free fireworks show on the beach east of Lummus Park at midnight on
New Year's Eve. The City has partnered with Ocean Drive Association to share in the expenses related to
the closure and fireworks for New Year's Eve, which has ranged from two (2) days to four (4) days
depending on if the holiday occurs on a weekend or weekday. Additionally, there have been 3 years,
2010,201't, and 2012where the Orange Bowl Committee has shared in the cost since they produced an
Orange Bowl Game related concert in the area. This year, the Orange Bowl Committee is not producing a
concert for New Year's Eve and, therefore will not participate in the costs associated with the holiday
activities.
New Year's Eve occurs on a Wednesday this year and early indication is that hotel occupancy will be very
strong. Therefore, the Ocean Drive Association has requested the closure of Ocean Drive to vehicular
traffic beginning the morning of December 31,2014, reopening on January 2,2015 at 7:00 a.m.
As you know, each year the destination hosts the Orange Bowl Game, which is presented by the Orange
Bowl Committee. This closure helps to showcase the City to the visitors who come for the game.
Financial lnformation :
Financial Impact Summaly: The Ocean Drive Association will contribute $3O,OOO.OO toward the
costs of closure of Ocean Drive for New Year's Eve. The City's expenses associated with New Year's Eve
are funded from Resort Tax Collections. The contribution from the Ocean Drive Association will be
in the next FY 2014115 budqet amendment.
Clerk's Office islative Tracki
Max Sklar
AGETTIDA nen C1T
o^rE I -/ t/-/ {E MIAMIBEACH 287
g MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT:A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING A CONTRIBUTION
FROM THE OCEAN DRIVE ASSOCIATION OF AN AMOUNT NOT TO EXCEED
$3O,OOO.OO IN SUPPORT OF THE2014.2015 NEW YEAR'S CELEBRATION.
ADMIN ISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
The City's expenses associated with NewYear's Eve are funded from Resort Tax Collections.
The contribution from the Ocean Drive Association will be appropriated in the next FY
20141 15 budget amendment.
ANALYSIS
Similar to the prior thirteen (13) years, the Ocean Drive Association (ODA) approached the
City to request participation and sponsorship of a free fireworks show on the beach east of
Lummus Park at midnight on New Year's Eve. The City has partnered with Ocean Drive
Association to share in the expenses related to the closure and fireworks for NewYear's Eve,
which has ranged from two (2) days to four (4) days depending on if the holiday occurs on a
weekend or weekday. Additionally, there have been 3 years, 2010,2011, and 2012 where
the Orange Bowl Committee has shared in the cost since they produced an Orange Bowl
Game related concert in the area. This year, the Orange Bowl Committee is not producing a
concert for New Year's Eve and, therefore will not participate in the costs associated with the
holiday activities.
New Year's Eve occurs on a Wednesday this year and early indication is that hotel occupancy
will be very strong. Therefore, the Ocean Drive Association has requested the closure of
Ocean Drive to vehicular traffic beginning the morning of Wednesday, December 31,2014,
reopening on Friday, January 2,2015 at 7:00 a.m.
288
New Year's Eve
Ocean Drive Closure
City Commission Meeting
January 14,2015
Page 2 of 3
The costs for this year's fireworks and closure are as follows:
CITY OF MIAMI BEACH
New Year's Eve 2014
Staffino Costs
Additionally, many Miami Beach nightclubs and hotels host special New Year's Eve events.
The Cityworks with the area hotels and nightclubs to ensure that resources and securitywere
appropriately allocated for the weekend.
NEW YEAR'S EVE ENHANCED STAFFING
Enhanced staffing levels for Police, Fire, Parking, Sanitation and Code Compliance are
provided during the New Year's Eve weekend in the entertainment district. The Police
Department has significant enhanced staffing throughout the weekend on foot patrols, birycle
patrols and ATV patrols throughout the Enteftainment District, as well as undercover Crime
Suppression Team olficers. The Police Depaftment also conducts DUI Saturation Patrols
throughout the weekend.
The City will also continue enforcement of our current laws and regulations with respect to
open containers and public consumption of alcoholic beverages, in order to ensure that
residents and visitors have a safe and enjoyable experience in Miami Beach. A letterwill be
sent to businesses reminding them of the City's laws and asking for their assistance in
curbing public consumption of alcohol. The City's goal is to work in partnership with our
businesses to curtail the public consumption of alcoholic beverages throughout our city, which
sometimes results in negative and unwanted behavior. Various collateralmaterials have been
developed by the City and have been offered to businesses (free of charge) to help in
educating the public about our laws.
Ocean Drive Closure
Dec 31 (7aml - Jan 2 (7aml
2 Davs
Police $ 40,000
Fire $ 31,997
Fireworks Clean-up, logistics, permits,
barricades, etc.$ 26.500
Public Works - Sanitation $ 8,000
TOTAL $ 106,497
Ocean Drive Association Contribution $ 56,443
City's Contribution $ s0,0s4
ODA Contribution Net of Fireworks
Costs $ 29,943
289
New Year's Eve
Ocean Drive Closure
City Commission Meeting
January 14,2015
Page 3 of 3
Traffic & Parking Restricfions. Ocean Drive (5 to 14 streets) will be restricted to pedestrians only (no vehicles)
from Tuesday, December 31 at 7:00 a.m. through Thursday, January 2,2013 at
7:00 a.m. in anticipation of large crowds during the holiday.
Parking. All municipally operated parking facilities will be open. The following lots will have
extended hours until 4:00 a.m. on December 31/January 1 : 46 Street, South Pointe
Park, and Convention Center & Fillmore. Special event flat rates ($1S - $20) apply
at most garages.o Residential parking zones citywide will be enforced.o Valet operations normally on Ocean Drive were relocated to Collins Avenue.
Extended Hours. Nightclubs have been provided notice that service of alcohol for establishments
with Sam licenses will be extended until 7:00 a.m. on Tuesday, January 1,2014.
CONCLUSION
The Administration recommends adopting the attached resolution, accepting a contribution in
an amount not to exceed $30,000.00 from the Ocean Drive Association toward the costs of
closure of Ocean Drive for New Year's Eve as this event benefits the community and our
visito16l,.l
rLMWB*Ul
T:\AGENDAt201 5Uanuary\TCED\New Year's Eve 2014-201 5.MEM.doc
290
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEAGH, FLORIDA, RETROACTIVELY APPROVING THE
ACCEPTANCE AND APPROPRIATION OF A CONTRIBUTION FROM THE
OCEAN DRIVE ASSOCIATION IN AN AMOUNT NOT TO EXCEED
$3O,OOO.OO IN SUPPORT OF THE FIREWORKS SHOW ON THE BEACH
AND THE cLosuRE oF ocEAN DRrvE FRoM srH ro ist'STREETS
FOR THE 2014-2015 NEW YEAR'S CELEBRATION.
WHEREAS, similar to the prior thirteen (13) years, the Ocean Drive Association approached
the City to request participation and sponsorship of a free fireworks show on the beach east of
Lummus Park at midnight on New Year's Eve and the closure of Ocean Drive from sth to 1sth Streets
to vehiculartraffic beginning at 7:00 a.m. on December 31,2014 and reopening on January 2,2015
at 7:00 a.m.; and
WHEREAS, the City Administration worked diligently with the area hotels and nightclubs to
ensure that resources and security were appropriately allocated for the 2014-2015 New Year's
celebration; and
WHEREAS, due to the popularity of New Year's Eve, occupancy levels in Miami Beach were
strong and, as a result, many visitors enjoyed the free fireworks show and the closure of Ocean
Drive; and
WHEREAS, in the past, the City has assisted in defraying costs associated with the closure
of Ocean Drive and the public fireworks show, and other ancillary City services associated with the
New Year's celebration in Miami Beach.
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, hereby retroactively approve the acceptance and appropriation of a
contribution from the Ocean Drive Association in an amount not to exceed $30,000.00 from the
Ocean Drive Association toward the support of the City's costs for the free public fireworks show on
the beach east of Lummus Park and the closure of Ocean Drive from sth to 1Sth Streets for the 2014-
2015 New Year's celebration.
PASSED and ADOPTED this 14th day of January, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
JLMKGB/MAS
T:\AGENDAVOl SUanuary\TCED\New Year's Eve 201 4-201 S.RESO.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,{z{"1*,//i;- fuffiii;^-;t;>/ffi
291
THIS PAGE INTENTIONALLY LEFT BLANK
292
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An lnterlocal Agreement Between
The City Of Miami Beach And Florida Atlantic University For The Provision Of Traffic Simulation Services Along
State Road 112141s1Street To Determine The Feasibility Of lmplementing Adaptive Traffic Signal Control Along
This Conidor
Ensure All Modes Throuqhout The
Supporting Data (Surveys, Environmental Scan, etc
Residents rated traffic as the number one (1) issue in the 2014 Communitv Satisfaction
Item Summary/Recommendation :
Given the existing traffic congestion, the high number of special events and the limited capacity in the City's
transportation network, the Transportation Department is considering new and innovative solutions to improve
traffic flow, level of service, and travel times for residents and visitors. Currently, the City has implemented an
event traffic monitoring and management system for various major special events. This effort has proven to be
successful on a temporary basis; however, the City has no infrastructure in place for automated traffic monitoring
and management on a day-to-day basis.
ln April 2014, the City submitted an application and report for a Transportation lnvestment Generating Economic
Revenue (TIGER) Grant for the implementation of permanent lntelligent Transportation Systems (lTS), Adaptive
Traffic Signal Control (ATSC), and Parking Management Systems along the majority of conidors and parking
facilities south of 41st Street. Although the City was not awarded the grant, staff developed a reduced scope
including the implementation of these innovative technologies along principal corridors to be implemented with
the previously allocated City matching funds.
ln order to expedite the deployment of ITS project, the Administration will present an item at the February 11,
2015 City Commission meeting to authorize the issuance of a Request For Proposal (RFP) for Phase I of the ITS
and Parking Management System project (Traffic Monitoring and Parking Management Project). Phase I will
include Digital Message Signs (DMS) at garages and selected parking lots, Node, Laser, or Camera Real Time
Parking Detectors, Pilot lntelligent On-Street Parking Corridor, Pilot lntelligent Parking Lot, C.C.T.V. Cameras,
Travel Time Data Collection Devices, and Digital Message Signs. The Administration anticipates this RFP will be
for designing, building, operating (on as-needed basis), and maintaining the system. Phase ll of the ITS project is
the implementation of ATSC. This technology performs real-time demand calculations at intersections and
communicates the results to the signal controller, thus allowing the trafflc signal to instantly respond to vehicle
demand on a real-time basis. This system benefits intersections and improves traffic flow by reducing the green
time allocated to minor movements, thus maximizing the allocation of green time for the major and more
congested movements. ln addition, the system benefits coordination and progression along the corridor, thus
improving corridor Level of Service (LOS). As such, the City is seeking to engage a consultant for a feasibility
study and a benefit-cost analysis of two (2) technologies to determine the appropriate technology for the City's
transportation network.
The Transportation Department obtained a quote from a traffic engineering consultant to conduct the analysis;
however, the quote exceeded the thresholds established in the Consultants' Competitive Negotiation Act (CCNA).
Subsequently, staff reached out to the Florida Atlantic University (FAU) to conduct a traffic simulation analysis
along a pilot conidor, 41't Street from Alton Road to Collins Avenue and Collins Avenue from 40th Street to 44th
Street, due to their previous experience performing this type of work. FAU staff has utilized innovative methods
of simulating these conditions and technologies. Their work in the field of micro-simulating ATSC technologies
has been published in various lnstitute of Transportation Engineering (lTE) publications. Also, the price proposal
submitted by FAU ($92,0+Z; was found to be more competitive than that obtained from a consulting firm. Since
FAU is a state university, the City and the University would need to enter into an lnterlocal Agreement to perform
the tasks outlined in the proposal. The Traffic Simulation is anticipated to take approximately six (6) months.
THE ADMINISTRATION RECOMMENDS APPROV!NG THE RESOLUTION
Financial lnformation:
Amount Account
1 $97,642.00 1 58-2808-069355
2
Total $97,642.00
Financial lmpact Summary: The Capital Project "lntelligent Transportation System Match" was created for
the implementation of this project. $97,642 will be encumbered to fund the scope of services outlined in the FAU
Proposal.
Jose R.P.E. Ext.6768
MIAI\AIBTACil AGEf.IDA fiEM C-7 T
oor* /'//'l{293
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members flf the City
Jimmy L. Morales, City Manager
January 14,2015
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH AND FLORIDA ATLANTIC UNIVERSITY FOR THE PROVISION OF
TRAFFIC SIMULATION SERVICES ALONG STATE ROAD 11il4fT STREET TO
DETERMINE THE FEASIBILITY OF IMPLEMENTING ADAPTIVE TRAFFIC SIGNAL
CONTROL ALONG THIS CORRIDOR
ADMI NISTRATION RECOMMENDATION
The Administration recommends approving the resolution.
BACKGROUND
Given the existing traffic congestion, the high number of special events and the limited capacity
in the City's transportation network, the Transportation Department is considering new and
innovative solutions to improve traffic flow, level of service, and travel times for residents and
visitors. Currently, the City has implemented an event traffic monitoring and management
system for various major special events. This effort has proven to be successful on a temporary
basis; however, the City has no infrastructure in place for automated traffic monitoring and
management on a dayto-day basis.
ln April 2014, the City submitted an application and report for a Transportation lnvestment
Generating Economic Revenue (TIGER) Grant for the implementation of permanent lntelligent
Transportation Systems (lTS), Adaptive Traffic Signal Control (ATSC), and Parking
Management Systems along the majority of corridors and parking facilities south of 41"1 Street.
Although the City was not awarded the grant, staff developed a reduced scope including the
implementation of these innovative technologies along principal corridors to be implemented
with the previously allocated City matching funds. Phase I of the ITS Project includes the
following innovative technologies:
o C.C.T.V. Cameras. TravelTime Data Collection Deviceso Digital Message Signs
The implementation of these innovative ITS elements will allow the City to monitor traffic flow
and reduce congestion while providing residents and visitors with real time traffic and parking
information. A subsequent phase of the ITS project (Phase ll) will include the implementation of
ATSC. This technology must be simulated and evaluated prior to implementation.
TO:
FROM:
DATE:
SUBJECT:
294
Commission Memorandum -Resolution Approving and Authorizing Agreement with FAU
January 14,2015
Page 2 of 4
The Parking Management Systems component of the ITS Phase I project includes the following
elements:
. Digital Message Signs outside City Garages and Selected Parking Lots. Node, Laser, or Camera Real Time Parking Detectorso Pilot lntelligent On-Street Parking Corridor. Pilot lntelligent Parking Lot
Some of the corridors and parking facilities tentatively included in Phase I of the ITS prolect
(Traffic and Parking Management Systems) are the following:
ITS Phase I
o Alton Road: Sth Street to North Michigan Avenue. MacArthur Causewayllth Street: Fountain Street to Collins Avenue. Julia Tuttle Causewayo 41't Street: Collins Avenue to Alton Road. Collins Avenue /lndian Creek: 23'd Street to 44th Street. Parking Lot No. 27 (1664 Meridian Avenue). Pilot On-Street Parking Corridors: Meridian Avenue between Lincoln Road and 17th
Street
Jefferson Avenue between Lincoln Road and 17th
Street
Other corridors, such as West Avenue, Washington Avenue, Collins Avenue, 17th Street,
Meridian Avenue, amongst others, will also be retrofitted with some of the aforementioned
technologies for traffic and parking improvements.
ln order to expedite the deployment of this plan, the Administration will present an item at the
February 11,2015 City Commission meeting to authorize the issuance of a Request For
Proposal (RFP) for Phase I of the ITS and Parking Management System. Phase I will include all
the elements in the aforementioned Parking Management System plan along with C.C.T.V.
Cameras, Travel Time Data Collection Devices, and Digital Message Signs. The Administration
is anticipating that the scope of the RFP will include designing, building, operating (on an as-
needed basis), and maintaining the system. ln addition, the City will organize an lndustry
Review meeting in advance of the February 11,2015 City Commission meeting, to obtain
feedback from representatives of the industry on the City's plan. The Table below shows various
key milestones and dates for Phase I of the ITS and Parking Management System project
implementation:
Milestone Anticipated Completion Date
lnd ustry Relview Meeting Januarv 2015
Phase I RFP lssuonce for ITS ond Porking Monogement System
(DBoM)Februarv 2015
Phose I RFP Award for ITS and Porking Monagement System
(DBoM)Aoril2015
Phose l: Design ond Permiting Complete Aueust 2015
Phose l: Construction Complete Januarv 2016
295
Commission Memorandum - Resolution Approving and Authorizing Agreement with FAU
January 14,2015
Page 3 of 4
ANALYSIS
Phase ll of the ITS project is the implementation of ATSC. This technology performs real-time
demand calculations at intersections and communicates the results to the signal controller, thus
allowing the traffic signal to instantly respond to vehicle demand on a real-time basis. This
system benefits intersections and improves traffic flow by reducing the green time allocated to
minor movements, thus maximizing the allocation of green time for major and more congested
movements. This system also coordinates all intersections thus allowing the platoon of vehicles
to travel from one end of the corridor to another with minimal interruption.
The Florida Department of Transportation (FDOT) is currently conducting a pilot project along
Southwest 8th Street in western Miami-Dade County to evaluate one of the ATSC technologies
currently available in the market. The City's Transportation Department reached out to FDOT to
investigate the feasibility of including one of the City corridors in FDOT's ATSC pilot project;
however, the FDOT pilot project timeline (anticipated completion in 2018) did not align with the
implementation timeline desired by the Administration. Therefore, the City will move fonruard
with its evaluation of ATSC and work closely with FDOT and Miami-Dade County for an
expedited installation of an ATSC technology along selected arterials in the City.
Since two of the City's principal corridors are currently under construction (Alton Road and
Collins Avenue), the Administration recommends 41st Street as the ideal corridor for this type of
feasibility study (Attachment A). This corridor offers a wide range of mobility challenges that will
help determine the most appropriate technology for corridors within the City.
Although the technology being evaluated by FDOT is the only ATSC technology in the State's
Approved Products List, it is advantageous for the City to explore other available technologies
with different capabilities and costs. As such, the City is seeking to engage a consultant for a
feasibility study and a benefit-cost analysis of two (2) technologies to determine the appropriate
technology for the City's transportation network.
The Transportation Department obtained a quote from a traffic engineering consultant to
conduct the analysis; however, the quote exceeded the thresholds established in the
Consultants' Competitive Negotiation Act (CCNA). Subsequently, City staff reached out to the
Florida Atlantic University (FAU) due to its previous experience performing this type of work.
FAU staff has utilized innovative methods of simulating these conditions and technologies. lts
work in the field of micro-simulating ATSC technologies has been published in various lnstitute
of Transportation Engineering (lTE) publications. Further, the price proposal submitted by FAU
($97,642) was found to be more competitive than the one obtained from a consulting firm.
A critical task included in the FAU proposal is the construction of a Benefit-Cost Matrix for the
two (2) technologies to be simulated. Since there are two technologies readily available to the
City, it is important to evaluate benefit and cost of each individual technology and how it
compares to the other in terms of installation, operation, and maintenance. Since the principal
arterials within the City are under the jurisdiction of the FDOT and all traffic signals are operated
and maintained by Miami-Dade County, the City will coordinate closely with both agencies to
296
Commission Memorandum -Resolution Approving and Authorizing Agreement with FAU
January 1 4, 201 5
Page 2 of 4
ensure an expeditious and successful ATSC implementation.
Since FAU is a state university, the City and the University would need to enter into an lnterlocal
Agreement to perform the tasks outlined in the proposal (Attachment B).
Once the study is complete, the City will review the feasibility of each technology and coordinate
with the County and FDOT prior to implementation of the preferred ATSC technology. The
Administration anticipates seeking Commission authority to issue an RFP for design, build,
operate (if needed), and maintenance services of the ATSC system. Since operation of traffic
signals is under the jurisdiction of Miami-Dade County, further coordination will be needed to
determine the operational responsibilities of the proposed ATSC system. Should the
Commission wish to move forward with the implementation of ATSC technology, the
Administration anticipates issuing an RFP in July 2015. Taking into account the time required for
design, permitting, procurement, and installation of ATSC technologies, the Administration
anticipates that installation of ATSC will be completed in April 2016. However, it is important to
highlight that Phase ! of the ITS project (Traffic and Parking Management Systems) to be
installed in advance of the ATSC, will allow staff to monitor traffic conditions, provide travel
information, and take proactive steps to reduce traffic congestion and improve mobility.
RECOMMENDAT!ON
The Administration recommends that the City Commission authorize the Mayor and the City
Clerk to execute the lnterlocal Agreement between the City and FAU for the provision of traffic
simulation services along State Road 112t41"t Street.
Attachment:
A: City of Miami Beach ATSC Pilot Project Map
B: Proposed lnterlocal Agreement
\U6J.T.D.
KGB/JRG/JFD
T:\AGENDA\2015\January\Transportation\Resolution Approving and Authorizing lnterlocal Agreementwith FAU (MEMO).docx
297
RESOLUTION NO.
A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR AND GITY
CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND
FLORIDA ATLANTTC UNIVERSTTY (FAU) FOR THE PROVTSTON OF TRAFFIC
SIMULATION SERVICES ALONG STATE ROAD 1121415T STREET TO
DETERMINE THE FEASIBILIry OF IMPLEMENTING ADAPTIVE TRAFFIC SIGNAL
GONTROL ALONG THIS CORRIDOR, FOR A SUM NOT TO EXCEED $97,642;
WHICH AGREEMENT IS SUBJEGT TO NEGOTIATION BETWEEN THE CIry AND
FAU; AND FURTHER SUBJECT TO LEGAL REVIEW AND FORM APPROVAL OF
THE FINAL NEGOTIATED AGREEMENT BY THE CITY ATTORNEY'S OFFICE.
WHEREAS, given the existing traffic congestion, the high number of special events and
the limited capacity in the City's transportation network, the Transportation Department is
considering new and innovative solutions to improve traffic flow, level of service, and travel
times for residents and visitors; and
WHEREAS, in 2Q14, the City submitted an application and report for a Transportation
lnvestment Generating Economic Revenue (TIGER) Grant for the implementation of lntelligent
Transportation Systems (lTS), Adaptive Traffic Signal Control (ATSC), and Parking
Management Systems along various corridors and parking facilities south of 41st Street; and
WHEREAS, although the City was not awarded the grant, staff developed a reduced
scope including the implementation of these innovative technologies along principal corridors to
be implemented with the previously allocated City matching funds (the Project); and
WHEREAS, the Project, will be composed of: 1) an ITS plan, which includes Adaptive
Traffic Signal Control (ATSC), C.C.T.V. Cameras, Travel Time Data Collection Devices, and
Digital Message Signs; and2) the Parking Management Systems plan, which includes Digital
Message Signs for City garages and selected parking lots, Real Time Parking Detectors, Pilot
lntelligent Parking Lot lmplementation, and Pilot lntelligent On-Street Parking Corridor
lmplementation; and '
WHEREAS, Phase I of the Project will include implementation of C.C.T.V. Cameras,
Travel Time Data Collection Devices, Digital Message Signs for parking garages, selected
parking lots, and selected corridors, Pilot lntelligent Paiking Lot, and Pilot lntelligent On-Street
Parking Corridor; and
WHEREAS, Phase ll of the Project includes the implementation of ATSC along some
arterials south of 41't Street; and
WHEREAS, prior to submitting this Project to the City Commission for authorization of a
Request for Proposals for Phase l, the Administration wishes to engage a consultant for an
ATSC technology feasibility study (including a benefit-cost analysis) of two (2) technologies in
order to determine the appropriate technology for the City's network characteristics; and
WHEREAS, since two of the City's principal corridors are under construction (Alton Road
and Collins Avenue), the Administration recommends 41st Street as the ideal corridorforthis
type of feasibility study; and
298
WHEREAS, the best option to replicate the effects of the proposed technologies on the
corridor Level of Service is to model the conditions via a computer generated micro-simulation
model; and
WHEREAS, the Administration reached out to the Florida Atlantic University (FAU) to
request a proposal to complete the micro-simulation study given their expertise in this area of
traffic modeling; and
WHEREAS, the scope and cost proposal, in the amount of $97,642, which was
submitted by FAU, was reviewed by Staff and found to be favorable for the City; and
WHEREAS, the Administration is recommending that the City retain FAU's services for
this Project, through the negotiation of an lnterlocal Agreement, substantially in the form of the
attached lnterlocal Agreement, subject to final negotiations between the City and FAU, and
further subject to review and approval by the City Attorney's Office.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSTON OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and authorize the Mayor and City Clerk to execute an lnterlocal
Agreement between the City and the Florida Atlantic University (FAU) for the provision of traffic
simulation services along State Road 112141"1 Street to determine the feasibility of Adaptive
Traffic Signal Control along this corridor, for a sum not to exceed $97,642; which agreement is
subject to negotiation between the City and FAU; and further subject to legal review and form
approval of the final negotiated agreement by the City Attorney's Office.
PASSED and ADOPTED this day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\201 5Uanuary\Transportation\Resolution
(RESO).doc
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300
Attachment - B
AGREEMENT
BETWEEN
CITY OF MTAMI BEACH
AND
THE FLORIDA ATLANTIC UNTVERSITY BOARD OF TRUSTEES
This Agreement entered into between City of Miami Beach, a municipality existing under
the laws of the State of Florida with its principal place of business at 1700 Convention Center
Drive, Miami Beach, FL 33139 (hereinafter "Sponsor"), and The Florida Atlantic University
Board of Trustees (hereinafter "FALJ"), to conduct the work related to the project entitled
"Evaluation of Advano " (hereinafter, the
"Project"). Sponsor and FAU shall hereinafter be referred to collectively as the "Parties".
WITNESSETH:
WHEREAS, Sponsor desires to engage and retain the services of FAU and FAU desires
to accept such engagement.
NOW THEREFORE, in consideration of the foregoing and mutual promises, covenants
and agreements herein contained, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
L PERIOD OF PERFORMANCE
This Agreernent shall become effective on January 14th. 2015 and shall terminate on
December 31't. 2015 ("Project Period"). Performance may be extended and/or renewed for
additional periods by the mutual written agreement of the Parties.
II. PROJECT ADMINISTRATOR
All questions conceming administration of this Agreement should be addressed to:
FOR FAU: FOR SPONSOR:
Camille E. Coley, J.D. Rafael Granado
Associate Vice President for Research City Clerk
lnterim Director, Office of Sponsored Programs City of Miami Beach
Florida Atlantic University 1700 Convention Center Drive
Division of Research lst Floor
777 Glades Road, ADM392 Miami Beach FL, 33139
Boca Raton, Florida 33431 Phone: 305-673-741,1
Phone: (561) 297-3461
Fax: (561) 348-4117
301
All questions regarding the technical aspects of the project should be addressed to:
M. PROJECT DIRECTOR
FOR FAU:
Aleksandar Stevanovic, PhD, P.E.
Department of Civil, Environmental
And Geomatics Engineering
Florida Atlantic University
777 Glades Road, ADM 392
Boca Raton, Florida 33431
Phone: (561) 297-3743
FOR SPONSOR:
Jose R. Gonzalez,P.E.
Transportation Department Director
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach FL, 33139
Phone: 305-673-7514
ry. STATEMENT OF WORK
Specific Responsibilities of FAU will be found in the attached Statement of Work
(Appendix A hereto).
V. COMPENSATION
Funds provided for FAU's involvement in this project shall be $97,642 per the budget attached
hereto in Appendix A. This is a cost reimbursable agreement. Upon execution of this
Agreement, Sponsor shall pay FAU the amount of $97,642 against which FAU shall charge
project costs.
Due Date for Payment to FAU Amount of Payment
70o/o on execution $68,349
30o/o on receipt of Final Technical Report 529,292
Payment shall be made by Sponsor via wire (electronic funds) transfer to: (FAU to Provide Bank
Name, Routing Number, Account Number)
Should Sponsor fail to make any of the payment set forth above, FAU shall have no further
obligation to continue performance of this Agreement.
VI. TECHNICAL REPORTS
The PROJECT DIRECTOR shall furnish SPONSOR with written reports upon completion of
each task on such dates as described in Exhibit A.
302
VII. INDEPENDENT CONTRACTOR
The officers, employees and agents of each party shall not be considered the officers,
ernployees or agents of the other party for purposes of accomplishing the work to be performed
under this Agreement or for any other purpose. Nothing in this Agreement shall create any
association, partnership or joint venture between the parties or any employer-employee
relationships. Nothing in this agreement shall be deemed to affect the rights, privileges and
immunities afforded by law to FAU, the Florida Board of Governors and the State of Florida and
their respective trustees, officers, employees and agents.
VIII. INTELLECTUALPROPERTY
University agrees to notify SPONSOR of any invention made by FAU hereunder within thirfy
(30) days after receipt of an invention disclosure from the inventor. Inventions made solely by
FAU faculty, students and staff under this Agreement will be solely owned by FAU. FAU shall
prepare and prosecute all related patent applications. Inventions made jointly by FAU and
SPONSOR will be owned jointlyby SPONSOR and FAU, who agree to jointly determine patent
filing and licensing subject to existing patent law. lnventions made solely by SPONSOR will be
solely owned by SPONSOR. This understanding is subject to the rights of the U.S. Government,
if any.
SPONSOR shall indicate FAU in writing, within thirty (30) days of receipt of invention
disclosure, whether it wishes FAU to file a patent application on the invention, of applicable, or
whether it wishes FAU to register a copyrightable material.
FAU agrees to grant and hereby grants SPONSOR an option to secure a royalty-bearing
license under reasonable terms, with the right to make, use and sell, have made and have used,
the claimed invention of anypatent which is based on any invention conceived and reduced to
practice during the term of this Agreement. Such option shall be in effect and exercisable for
ninety (90) days from the date of filing if a U.S. patent application under this Agreement or for
ninety (90) days from the date of receipt of notice of such a frling by SPONSOR whichever date
is earlier.
The license, which will be exclusive, will include a royalty rate in an amount to be negotiated
in good faith byboth FAU and SPONSOR at the time SPONSOR decides to exercise its option.
SPONSOR shall have the rights under the license to sublicense and shall have the sole right to
designate the terms of any sublicense, provided that FAU shall receive, at aminimum, the royalty
rate expressed in the license between FAU and SPONSOR, and fifty percent (50%) of any other
remuneration received by SPONSOR from sub-licensees.
At the time of exercise of the option, SPONSOR shall indicate in which foreign countries it
wants a patent application filed. Rights to such foreign countries shall be included in the patent
rights under any license between FAU and SPONSOR.
303
SPONSOR shall reimburse FAU for all filing, prosecution and maintenance costs for all
patent applications and all issued patents filed at the request of SPONSOR. Any such patents
application shall become part of the patent rights in any license between FAU and SPONSOR.
SPONSOR shall also reimburse FAU for all filing, prosecution and maintenance costs for all
other patent applications and issued patents which become part of the patent rights in any license
Agreement between FAU and SPONSOR.
Ix. PUBLICATION
SPONSOR acknowledges that FAU may wish to disclose information which sponsor
considers confidential, in furtherance of the PROJECT. This consideration notwithstanding, if
any such information is disclosed by FAU it shall be marked "confidential information" and
furnished in writing only to the PROJECT DIRECTOR within thirty (30) days of disclosure.
Confidential information shall remain the property of the SPONSOR and for a period of five (5)
years from the end of the Agreement shall not be used or disclosed to others except in
furtherance of this Agreement. The foregoing obligation of non-disclosure shall not apply to:
a. Information which at the time of disclosure is in the public domain;
b. Information which after disclosure is published or otherwise becomes part of the
public domain through no fault of FAU or the SPONSOR;
c. Information which SPONSOR provides written permission to disclose.
X. TERMINATION
A.Termination at Will:
This agreement may be terminated by either party hereto by written notice to the other
party of such intent to terminate at least thirty (30) days prior to the effective date of such
termination.
B. Non-WaiverA.{otices:
Failure by either Party to insist upon strict perforrnance of any of the provisions of this
Agreement, or either Party's failure or delay in exercising any rights or remedies provided herein
or by law, shall not be deemed a waiver of any rights of either Party to insist upon strict
performance hereof or of any of either Party's rights or remedies under this contract or law, and
shall not operate as a waiver of any of the provisions hereof or as a modification of the terms of
the Agreement.
Any notice required by this Agreement shall be delivered by Certified Mail, return receipt
requested, by facsimile transmission, ovemight delivery service or in person.
304
C. Termination Arrangements:
After receipt of a notice of termination and except as otherwise directed by SPONSOR,
FAU shall:
l. Stop work under the Agreement on the date, and to the extent specified in the
notice of termination.
2. Place no further orders or Agreements for materials, services, or facilities, except
as may be necessary for completion of such portion of work under the Agreement as is
not terminated.
3. Terminate all orders and Agreonents to the extent that they relate to the
performance of work which was terminated.
4. Handle all SPONSOR property as directed by SPONSOR.
5. Prepare all necessary reports and documents required under the terms of the
Agreement up to the date of termination.
Regardless of reasons for the termination, Sponsor shall compensate FAU for actual costs
incurred up to the time of termination including for all non-cancelable commitments entered into
by FAU in furtherance of this Agreement.
XI. MODIFICATION
This Agreement may only be changed or modified by an amendment executed by the
Parties in the same fashion as the original.
xII. APPLICABLE LAW
The Parties' rights, obligations and remedies under this Agreement shall be interpreted
and governed in all respects by the laws of the State of Florida. The Parties consent to the sole
and exclusive jurisdiction of the courts of the State of Florida in connection with any dispute
arising out of this Agreement and agree to submit to the personal jurisdiction and venue of a
court of subject matter jurisdiction located in Miami-Dade County, State of Florida.
XIII. COMPLETE AGREEMENT
This Agreanent is intended as the complete and exclusive statement of the agreement
between the Parties. Parole or extrinsic evidence shall not be used to vary or contradict the
express terms of this Agreement, and recourse may not be had to alleged dealings, usage of trade,
course of dealing, or course of performance to explain or supplement the express terms of this
Agreement.
All appendices to this Agreement are incorporated as if set out fully herein. tn the event
of any inconsistency(ies) or conflict(s) between the language of this Agreement and the
305
attachments hereto, the language of such attachments shall be controlling but only to the extent
of such conflict(s) or inconsistency(ies).
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their
respective duly authorized offi cers.
The Florida Atlantic University City of Miami Beach
Board of Trustees
Date:
Camille E. Colley
Interim Director
Office of Sponsored Programs
Florida Atlantic University
Name: Philip Levine
Title: MAYOR
Date:
Name: Rafael Granado
Title: CITY CLERK
Date:
306
Exhibit A - Scope of Service
Project Title: Evaluation of Advanced Trafftc Management Systems on SR 112/4lst
Street
Principal Investigator:Aleksandar Stevanovic, PhD, PE
Florida Atlantic University
Department of Civil, Environmental and Geomatics Engineering
777 Glades Rd. Bldg. #36
Boca Raton,FL3343l
astevano@fau.edu,
Telephone: 56I -297 -37 43,
Camille E. Coley, J.D.
Associate Vice President for Research
Interim Director, Office of Sponsored Programs
Florida Atlantic University, Division of Research
777 Glades Road, ADM 392
Boca Raton,FL 33431
ccoley@fau.edu
T: 561-297-3461
F:561-297-2141
Jose R. Gor,z,alez,P.E.
City of Miami Beach
Transportation Department
1700 Convention Center Drive,
Miami Beach, FL33139
j o s egonz al ez@miamibeachfl . gov
305-673-7000 ExL 6768
Cell: (786) 29s-6863 I
DOR Contact:
Project Manager:
307
Backsround Statement
The City of Miami Beach is pursuing the implementation of various Intelligent Transportation
System (ITS) elements south of State Road (S.R.) llZ/4lst Street. This effort constitutes Phase I
of the City's congestion management efforts. One of the key aspects of the initiatives is the
proposed implementation of Adaptive Signal Control Technology (ASCT) along various arterial
corridors in the City. The City has worked with the Florida Departrnent of Transportation (FDOT)
and Miami-Dade County (I\DC) to understand future plans and projects addressing signalization
and congestion issues along some of these corridors.
ln20l4, the City of Miami Beach Commission allocated funding for the implementation
of ITS technologies. Since the City is following an accelerated timeline for an expedited
implementation, the Micro-Simulation of some of these corridors is being considered to determine
the feasibility of the installation of ASCT along a pilot corridor. Since some arterials in the City
are under construction, traffic circulation along these corridors and others in the vicinity has been
affected, thus making those corridors not optimal for the ASCT Pilot Project.
Given the aforementioned limitations of the network at this point, the City of Miami
Beach is pursuing the installation of ASCT along S.R. 1l2l4lst Street between Collins Avenue
and Alton Road. At this point the City is considering the implementation of one of two
technologies, InSync by Rhythm Engineering or ATMS Adaptive Signal Control Module
developed by Kimley-Hom and Associates.
Proiect Obiective(s)
Objectives of the "EATMS on 41't Street" project can be summarized as:
1. Compare two adaptive traffic control logics in simulation environment.
2. Perform a benefit-cost analysis to find optimal solution for the City's traffic signal
operations on the corridor in question.
Supporting Tasks and Deliverables
Task 1: Data Collection for the Model Building, Calibration, and Validation
The scope of work for this project does not include Data Collection. The FAU will provide the
City of Miami Beach with the scope of work for all data collection necessary for the study. This
will include what data need to be collected (e.g. turning movement counts, travel times, etc.) to
successfully model three traffic periods: weekday AM and PM peak periods, and a weekend peak
period (which will require some preliminary data collection to establish hours of weekend
peak).The city will contract a data collection consultant to perform the data collection services.
Deliverable: Scope of workfor Data Collection will be delivered to the City within two (2) weel<s
of the contract execution date.
308
Task 2: Building, Calibration, and Validation of VISSIM Models
The FAU will be responsible to develop a VISSIM (microsimulation program) model which will
truthfully (to the best extent possible) represent the field conditions. Once the model is developed
it will be calibrated and validated to match three peak periods: weekday's AM and PM peak
periods and a weekend peak period (whenever it occurs during a day). Once the models are
calibrated, vendors of the Adaptive Traffic Control logics, in this case Rhythm Engineering and
Kimley-Horn and Associates, Inc. will be responsible to develop their logics which will be
interfaced with the simulation model.
Deliverable: Calibrated and validated VISSIM models for two peak periods and one weekend
period.
Task 3: Evaluation of Adaptive Traffic Control Logics through Micro simulation
The City is pursuing the performance of a Micro-Simulation Model of S.R. llZl4lst Street
between S.R. AlA/Collins Avenue and Alton Road. The performance of the Micro-Simulation
will determine the feasibility of the technologies being considered by the City by providing an
analytic review of the results of these technologies when compared to the current operating
conditions. Given that the FDOT Approved Product's List (APL) currently has Rhyhm
Engineering's InSync system as the only ASCT approved by the state, the City seeks to
implement the logic and parameters of this system in the Micro-simulation. In addition to the
implementation of Rhythm Engineering's InSync system, the University shall also be responsible
for the implementation of Kimley-Horn Integrated Transportation Systems (IATS) Kadence logic.
Some preliminary inquiries are made to describe the technical details of the collaboration
and necessary software and hardware requirements. These inquires led to the conclusions that all
of the experiments should be performed under following technical conditions:o I single laptop computer which will be open for outside communications (e.g. through
VPN, remote computing and other external accesses, necessary for the vendors to directly
intervene when necessary)
. With VISSIM software running D4 Software-In-the-Loop Simulation (SILS) controllers,
which is necessary for implementation of Kadence, while the InSync can also be
supported.
More specifically vendors will be responsible for the following things, based on their anticipation
of necessary effort and cost proposed in the budget sheet. Execution of the tasks and deliverables
will be supervised through subcontracts between the FAU and the vendors.
A. Kimley-Horn will provide the services specifically set forth below:
o Provide standalone version of KADENCE that runs with VISSIM and virtual D4
controller
o Creation of installer for standalone version of Kadence for VISSIM 5.4. Update of standalone version of Kadence to current versiono Assist FAU staff with configuring virtual D4 controllers and Kadence
309
Technical Requirements :
From a technical perspective KHA will provide FAU with an installer and help FAU configure
KADENCE to run on a computer that also has VISSIM and virtual D4 controller installed. The
whole setup would run on one computer or virtual machine. KHA suggests following specs for
this machine:
o Quad Core processor (in order to meet CPU demand from VISSIM, Virrual D4 and
KADENCE running at the same time)o 8GB of RAM (in order to meet the memory requirements for all the programs)
o Solid State Drive (for fast access to database and log files)
Deliverables:
I . KADENCE Install Shield installer with KADENCE version 14. 1 0. 1 .0 that is set up to
operate with virtual D4 controller.
2. Up to 30 hours of configuration and tuning support for Virtual D4 and KADENCE.
B. Rhythm Engineering will provide the following services in accordance with our agreed
upon scope:
o l&ythm configuration engineers will develop three (3) InlSync corridor / network
configurations for the proposed system that will support the simulation process
. Upon agreement between Rhythm and FAU that stable and calibrated VISSIM models
are complete, Rhythm will deliver the three configurations within six (6) weeks to
FAU
o Assign a primary engineer to manage Rhythm's assigned tasks as well as those of
FAU and the City
Technical Requirements:
o Remote access is required for the installation of the InlSync software and the InlSync-
to-VISSIM software interface module in addition to the configuration of the InlSync
parameters for the simulated corridor.
o Remote access into the computer running VISSIM may be accomplished in one the
following way: Virtual Private Network into the client network and then Remote
Desktop Protocol into the VISSIM computer.
o Storage requirements for InlSync / InlSync-to-VISSIM interface module: 100 MB
storage, 8 MB RAM.
Deliverables:
1. Three InSync configurations for the three peak period traffic conditions.
2. Assignment of a primary engineer to manage Rhythm's assigned tasks.
310
In addition to the vendors' efforts to interface their Adaptive Traffic Control logics with the
simulation, the FAU will:
o Provide a remote connection to the computer(s) running VISSIM. This can be done
through a VPN or web-based remote access software.o Configure detection inputs within VISSIM to provide Adaptive Logic with the
representative field data, as necessary.
o Capture, quantifr, analyze, and report the simulation results.
Deliverable: The FAU will, with supportfrom the vendors, deliver to the city of Miami Beach:
o VISSIM Models representing existing conditions (for three peak periods)
. InSync Logic Implementations
o Kadence KITS Logic Implementations
o VISSIM Models with InSync Adaptive Signal Control Technolog,to VISSIM Models with KITS Kadence Adaptive Signal Control Technologt
o Report with tabulated and graphed results and conclusionsform the comparative
analysis.
Task 3: Benefit-cost Analysis
Based on the results of the Micro-Simulations, the FAU will conduct benefit-costs analysis for the
two modeled systems. The benefit-cost analysis will include the implementation costs for both
adaptive systems as well as yearly maintenance costs. The methodology for the benefit-cost
analysis will be developed in a close collaboration with the City, to ensure that the proposed
method is developed according to the City's requirements. The FAU will also conduct a literature
review of similar deployment projects of the two Adaptive Traffic Control methods and report
results to the City.
Deliverable: The FAU will develop a method to incorporate all noted benefits and costs lcnown
for both systems- The FAU will include the results of the Benefit-Cost Analysis as part of thefinal
report.
Meetinss
This project requires FAU participation at following anticipated meetings with the City of Miami
Beach:
1. Kick-Off Meeting: One (l) meeting is anticipated to discuss methodology and schedule of the
study.
2. Interim Progress Report Meeting: Following the completion of the initial phase of this project
the City will schedule an Interim Progress Report Meeting to review FAU progress on the
project and provide suggestions and comments especially related to the Cost/Benefit analysis.
3. Final Meeting: Following the completion of the Micro-Simulation, the FAU and the City will
meet to discuss the results of the study.
311
Exhibit B - Proiect Schedule
The project schedule for this project will be 12 months. It is estimated that the notice to proceed
NTP might be issued in late January 2015 which will put the end date sometimes in late January
of 2016. The following represents a tentative schedule for the project while a detailed schedule
will be provided in coordination with the City of Miami Beach.
Tentative Schedule
Date Activitv
Dec 25, 2014 Proposal delivered to the Citv
Feb l,2015 Contract signed and the notice to proceed obtained, four tasks to start in
parallel:
- Develop plon for field dato collection (2 weeks) (Deliveroble 7 -
lnvoice 5%)
- Vendors to stort building the adoptive logics for the corridor (2
months)
- Develop geometry of VISSIM model (2 months)
Feb 15,2015 Field data collection (by another consultant for data collection services) (4
weelrs: this task comes around the oeak traffic season which is excellenil.
Apr 1,2015 Two tasl<s to start in parallel:
- Finolizotion of signal timings with odoptive troffic control logics from
two vendors (4 weeks)
- Colibrotion ond volidation of VISSIM models (10 weeks) (Deliveroble 2
(calibrated models) - lnvoice 25%)
Jun 15,201s Two tasks to start in parallel:
- Benefit-cost analysis (8 weeks)
- Execution of the simulotion scenarios (4 weeks)
Jul 15,2015 Analvsis of the results and simulation outcomes G weel<s)
Aug 15,2015 Final meeting with presentation of the results (Deliverable 3 - Invoice
4s%)
sep 15,2015 Delivery of the interim progress report (including simulation results and
benefit-cost analvsis) (Deliverable 4 - Invoice 15%)
Nov 15,2015 Delivery of the draftfinal report including the literature review on similar
previous studies (two months of time given to the city to review report and
provide comments /suspes tions )
Jan 15,2016 Delivery of thefinal report and project closure (Deliverable 4 - Invoice
10%)
6
312
Exhibit C - Budeet
The cost for the project is $97,642 with the cost breakout as indicated in the table below.
Budset Cateporv Budset
Faculw Salaries & Benefits $ 11,320
Other Personal Services (Post-docs)$ 12.111
Student Salaries $ 8,467
Total Salaries & Benefits $ 3s,068
Exoendable Eouioment & Sunolies s 4.500
Equipment s 0
Subcontractors $ 37.400
Travel $ 4,400
Total Direct Costs $ 81.368
Indirect Costs @,20%s 16.274
Total Costs $ 97.642
The cost breakout by task is provided below.
Task Budset
Task 1 - Plan for the data collection $ 4,882
Task 2 - Buildins. calibratine. and validatine VISSIM models $ 24.411
Task 3 - Results of the Micro-simulation Experiments s 43,939
Task 4 - Draft Final Report includins Cost/Benefit Analvsis s t4.646
Task4-FinalReoort $ 9.764
Total Costs g 97.642
313
314
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Mdnager To
Exercise The Sole Renewal Term Of Six (6) Months, Commencing January 31 , 2015 And Ending July 31, 2015, Pursuant
To The Agreement Between The City Of Miami Beach And Limousines Of South Florida, lnc., Dated January 31, 2014,For
Maintenance And Ooerations Of A Citv Of Miami Beach T For Municioal Circulator Services.
Kev lntended Outcome Supported:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
Supporting Data: As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report, citywide
Traffic Flow, Parking Availability and Road Conditions have been rated as very poor and appear in a down trend.
Additionally, according to the same report, 49% of Miami Beach residents would be willing to use local bus circulators as an
alternate mode of
At the December 1 1, 2013 City Commission meeting, the Administration was directed to develop a plan to mitigate the
financial loss being experienced by business owners on Alton Road and West Avenue due to the Florida Department of
Transportation (FDOT) Alton Road reconstruction project. One of the actions identified atthe Commission meeting was the
immediate implementation of a transit circulator loop along the area bounded by Alton Road, Lincoln Road, West Avenue,
and 5'n Street. At the January 15,2014 City Commission meeting, the Administration was granted authority to negotiate with
MV Transportation and Transportation Amerlca/ Limousines of South Florida, lnc. (LSF) for the provision of such transit
circulator service, and further to execute an agreement with any of the (2) two vendors upon successfully completing the
negotiations. On January 24,2014, Mayor Philip Levine, via a formal letter to the Miami-Dade County Mayor, Carlos A.
Gimenez, urged Miami-Dade County to approve the aforementioned proposed circulator service on a temporary basis, and
as partof a maintenance of traffic (MOT) strategyof the FDOTAlton Road reconstruction project. On January31,2014,the
City executed an agreement with LSF for the provision of municipal circulator services with trolley vehicles. The trolley
service otherwise known as Alton-West Loop began operating on February 3,2014. On February 14,2014, Miami-Dade
County Mayor, Carlos A. Gimenez, administratively granted a temporary Certificate of Transportation to LSF for the
operation of the Alton-West Loop. The certificate was valid for one hundred and twenty (120) days upon issuance. On June
3,2014, the Board of County Commissioners (BCC) of Miami-Dade County issued a permanent certificate of transportation
authorizing LSF to continue providing the circulator service in accordance with the Agreement between LSF and the City
dated January 31,2014 and until the completion of the FDOT Alton Road reconstruction project, noted as July 2015.
The current agreement between the City and LSF (for the Alton-West Loop) is set to terminate on January 31, 2015 and
provides for a renewal option of six (6) months, at the City's discretion. The anticipated cost for maintenance and operation
(O&M) of the Alton-West Loop during a six (6) month-period will be approximately $371,000, of which the Administration
has budgeted approximately $125,000 in the FY 2014115 Transportation Budget (for service through March 31,2014).
Should the City Commission wish to continue the Alton-West Loop through July 31 ,2015, the anticipated cost for O&M of
the service for an additional four (4) month period (from March 31 through July 31, 2015) will be $246,000, which will require
a budget amendment subject to authorization during FY2014115 by City Commission.
As of December 19, 2014,hhe Alton-West Loop had carried nearly 300,000 passengers since its launch on February 3,
2014, with an average monthly ridership of 27,100 passengers or 818 passengers per day (see attached report). Based on
observations by City Transportation Department staff, LSF's trolley drivers, and supervisors, the majority of the users of the
trolley service are local residents traveling to pharmacies, restaurants, food markets, banks and other local venues.
The FDOT Alton Road reconstruction project, although greatly expedited, is scheduled for final completion in summer 2015,
thus the Administration believes and recommends that the Alton-West trolley service continue to enhance mobilig in the
g1_e._a*f,or a-4--a-d-di_!ional six (6)_month-.te-rm, ,until the FDOT_pr_oje_c_t_j-s----co4plete{.
r10ll
Financia! lnformation :
FY 2014115: 1 06-961 5-000349 Transportation Fund
FY 20141152 Subject to future budget amendment and City Commission
authorization durino FY201 4/1 5
: Future annual costs subiect to annual
Departmqqtpirector Assistant City Manager City M{pager
JRG YJE KGB JLM \'
S\January\ Recommendation to Exercise Renewal Option of Alton-West Loop Agreement -Sum
AGEIiIDA ,TEM C7I<(s MIAMIBHACH n*ra l-/V-t{
315
g MIAMI BEACH
Gity of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXERGISE THE SOLE
RENEWAL TERM OF StX (6) MONTHS, COMMENCTNG JANUARY 31, 2015 AND
ENDING JULY 31,2015, PURSUANT TO THE AGREEMENT BETWEEN THE GITY
OF MIAMI BEACH AND LIMOUSINES OF SOUTH FLORIDA, INC., DATED
JANUARY 31,2014, FOR MAINTENANCE AND OPERATIONS OF A CITY OF M!AM!
BEACH TROLLEY SYSTEM FOR MUNICIPAL CIRCULATOR SERVICES.
FUNDING
The Alton-West Loop is funded through March 31,2015 from the FY2014115 Transportation
Budget. Should the City Commission wish to continue the Alton-West Trolley service through
July 31 , 2015, the anticipated cost for maintenance and operation of the service for an
additional four (4) month period (from March 31 through July 31, 2015) is $246,000, which will
require a budget amendment subject to authorization during FY2014115 by City Commission.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
BACKGROUND
At the December 11, 2013 City Commission meeting, the Administration was directed to
develop a plan to mitigate the financial loss being experienced by business owners on Alton
Road and West Avenue due to the Florida Department of Transportation (FDOT) Alton Road
reconstruction project. One of the actions identified at the Commission meeting was the
immediate implementation of a transit circulator loop along Alton Road and West Avenue in an
effort to help mitigate the loss of parking, improve mobility, and promote economic development
along the Alton Road and West Avenue corridors.
At the January 15,2014 City Commission meeting, the Administration was granted authority to
waive the bidding process, to negotiate with MV Transportation and Transportation America/
Limousines of South Florida, lnc. (LSF) for the provision of Municipal Circulator Services along
the area impacted by the FDOT Alton Road reconstruction project (area bounded by Alton
Road, Lincoln Road, West Avenue, and Sth Street), and further to execute an agreement with
any of the (2) two vendors upon successfully completing the negotiations.
316
Recommendation to Exercise Renewal Option of Alton-West Loop Agreement- Commission Memo
January 14,2015
Page 2 of 3
On January 24, 2014, Mayor Philip Levine, via a formal letter to the Mayor of Miami-Dade
County, Carlos A. Gimenez, requested the approval of the aforementioned proposed circulator
service along Alton Road and West Avenue from 5th Street in the South to Lincoln Road in the
North, on a temporary basis, and as part of a maintenance of traffic strategy of the FDOT Alton
Road reconstruction project.
On January 31, 2014, the City executed an agreement with LSF for the provision of municipal
circulator services with Trolley vehicles, for a full turn-key rate of $64.60 per hour during the
initial year of the agreement and $63.65 per hour during the six (6) month renewal term, if
exercised by the City. The trolley service othenryise known as Alton-West Loop began operating
on February 3,2014.
On February 14,2014, Miami-Dade County Mayor, Carlos A. Gimenez, administratively granted
a temporary Certificate of Transportation to LSF for operation of municipal circulator services for
the City of Miami Beach. The certificate was valid for one hundred and twenty (120) days upon
issuance.
On June 3, 2014, the Board of County Commissioners (BCC) of Miami-Dade County issued a
permanent certificate of transportation authorizing LSF to provide passenger motor carrier
services for the City as provided for in the Agreement between LSF and the City dated January
31, 2014. The approved certificate was set to expire with the completion of the FDOT Alton
Road reconstruction project, noted as July 2015.
The agreement between LSF and the City, effective January 31, 2014 is set to terminate
January 31,2015 and provides for a renewal option of six (6) months, at the City's discretion.
ANALYSIS
The anticipated total cost for maintenance and operation of the Alton-West Loop, during a six
(6) month-period (renewal option), if approved by City Commission, will be approximately
$371,000, of which the Administration has budgeted approximately $125,000 in the FY 2014115
Transportation Budget. The remaining $246,000 needed to continue services through July 31,
2015 will be subject to an amendment of the Transportation Budget, and City Commission
authorization during FY2O1 41 1 5.
As of December 19,2014, the Alton-West Loop had carried nearly 300,000 passengers since its
launch on February 3,2014, with an average monthly ridership of 27,100 passengers or 818
passengers per day (see attached report). As a comparison, the average monthly ridership of
the South Beach Local, one of the most heavily used circulators in Miami-Dade County, was
101,847 during FY 2013/14. Although the Alton-West Loop ridership is nearly a third of the
South Beach Local ridership, it is important to note that the South Beach Local is a sixteen (16)
mile service while the Alton-West Loop is only two (2) miles in length connecting significantly
fewer points of interests within an active construction zone.
Based on observations by City Transportation Department staff, LSF's trolley drivers, and
supervisors, the majority of the users of the trolley service are local residents traveling to
pharmacies, restaurants, food markets, banks and other local venues.
REGOMMENDATION
The FDOT Alton Road reconstruction project, although greatly expedited, is scheduled for final
completion in summer 2015, thus the Administration believes that the Alton-West Loop should
continue to enhance mobility in the area for an additional six (6) month term, until the FDOT
317
Recommendation to Exercise Renewal Option of Alton-West Loop Agreement- Commission Memo
January 14,2015
Page 3 of 3
project is completed.
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, authorize the City Manager to exercise the sole renewal term of six (6) months,
commencing January 31, 2015 and ending July 31 , 2015, pursuant to the Agreement between
the City and LSF, dated January 31, 2014, for Maintenance and Operations of a City of Miami
Beach Trolley System for Municipal Circulator Services.
Attachment: Ridership Report
9.lfu
JLM/KGB/JRG/JFG
T:\AGENDA\201SUanuary\ Recommendation to Exercise Renewal Option of Alton-West Loop Agreement -Memo
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319
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE GITY MANAGER TO
EXERCTSE THE SOLE RENEWAL OPTION FOR A TERM OF SIX (6)
MONTHS, COMMENCING JANUARY 31 ,2015 AND ENDING JULY 31, 2015,
PURSUANT TO THE AGREEMENT BETWEEN THE CIry AND LIMOUSINES
OF SOUTH FLORIDA, INC., DATED JANUARY 31, 2014, FOR THE
MAINTENANCE AND OPERATION OF A CITY OF MIAMI BEACH TROLLEY
SYSTEM FOR MUNICIPAL CIRGULATOR SERVICES.
WHEREAS, at the December 11,2013 City Commission meeting, the Administration
was directed to develop a plan to mitigate the financial loss being experienced by business
owners on Alton Road and West Avenue due to the Florida Department of Transportation
(FDOT) Alton Road reconstruction project; and
WHEREAS, one of the actions identified at the Commission meeting was the immediate
implementation of a transit circulator loop along the area bounded by Alton Road, Lincoln Road,
West Avenue, and 5th Street in an effort to help mitigate the loss of parking, improve mobility,
and promote economic development along the Alton Road and West Avenue corridors; and
WHEREAS, at the January 15,2014 City Commission meeting, the Administration was
granted authority to waive the bidding process, to negotiate with MV Transportation and
Transportation America/ Limousines of South Florida, lnc. (LSF) for the provision of Municipal
Circulator Services, and to execute an agreement with any of the (2) two vendors upon
successfully completing the negotiations; and
WHEREAS, on January 31, 2014, the City executed an agreement ("Agreement") with
LSF for the provision of municipal circulator services with trolley vehicles, for an initial one (1)
yearterm, commencing on January 31, 2014 and ending on January 30,2014, with one (1)
renewal option for a term of six (6) months, commencing January 31, 2015 and ending on July
31,2015, at the City's discretion; and
WHEREAS, initially the circulator service, otherwise known as the Alton-West Loop,
operated based on a temporary (20 day) Certificate of Transportation, which was
administratively granted on February 14, 2014 by Miami-Dade County Mayor, Carlos A.
Gimenez; and
WHEREAS, on June 3, 2014, the Board of County Commissioners of Miami-Dade
County (BCC) issued a permanent Certificate of Transportation authorizing LSF to provide
passenger motor carrier services for the City as provided for in the Agreement; and
WHEREAS, the BCC approved Certificate of Transportation was set to expire with the
completion of the FDOT Alton Road reconstruction project, slated for completion as of July
2015; and
WHEREAS, the Alton-West Loop is funded through March 31, 2015 from the FY2014115
Transportation Budget; and
320
WHEREAS, the cost of the maintenance and operation of the Alton-West Loop, during
the initial term of the Agreement, is billed at the full turn-key rate of $64.60 per hour and the cost
during the renewal term will be $63.65 per hour; therefore, the anticipated additional budgetary
cost (from March 31 through July 31 , 2015) will be $246,000, requiring the City Commission's
approval of an amendment to the FY 2014115 Transportation Budget; and
WHEREAS, the Agreement provides the City with the right to terminate the Agreement
for convenience, upon thirty (30) days notice to LSF, if said budget amendment is not approved
by the City Commission; and
WHEREAS, the Administration recommends that the City Commission authorize the City
Manager to exercise the sole renewal option under the Agreement, in order to maintain the
Alton-West Loop trolley service for the benefit of the community through completion of the
FDOT Alton Road reconstruction project.
NOW, THEREFORE, BE IT 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, hereby authorize the City Manager to exercise the sole renewal option for
a term of six (6) months, commencing January 31, 2015 and ending July 31 , 2015, pursuant to
the Agreement between the City and Limousines of South Florida, lnc., dated January 31,2014,
for the maintenance and operation of a City of Miami Beach Trolley System for municipal
circulator services.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
| -L- 14
-
Dole
T:\AGENDA\201SUanuary\ Recommendation to Exercise Renewal Option of Alton-West Loop Agreement -Reso
321
THIS PAGE INTENTIONALLY LEFT BLANK
322
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE GITY MANAGER TO APPROVE THE WORK ORDERS FOR THE MONUMENT
ISLAND LIGHTING PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT POWERS
ALLTANCE (NJPA) COOPERATTVE CONTRACT FOR CONSTRUCTION SERVICES WITH THE
GORDIAN GROUP.
Advisorv Board Recommendation:
Financia! !nformation :
Source of
Funds:
Amount Account
1 $37,000 301-2463-069357
2 $30,000 01 1-9322-000353
$233,000 Subject to approval of 2"" capital budget amendment FY
2014t15
Total $300,000
Financial lmpact Summary:
Clerk's Office islative Tracki
-Offs:
T:\AGENDA\2015Uanua lsland Lighting Project NJPA - Summary.doc
AGENDA nevt C7 L
Maximize Miami Beach as a World Class Destination. Streamline the Delivery of Services through all
Data Environmental Scan, etc: N/A
Item Summary/Recommendation:
The Administration has identified the Flagler Memorial lsland lighting project as a priority project, As such,
the Administration is seeking to expedite the supply, and install all necessary labor, materials and
transportation for the installation of a solar lighting package on Flagler Memorial lsland. The work will
consists of the furnishing of all labor, equipment and supplies to: install three (3) solar electric power collector
assemblies; remove eight (B) existing lights; install eight (8) new lighting fixtures; installtwo (2) pole-mounted
surveillance cameras; and, install a control & communications system. All work is to be executed in
accordance with existing design, plans and technical specifications for this Project.
To expedite priority projects, on April 23,2014, the City Commission approved a recommendation by the
Administration to utilize the indefinite quantity contract (lQC) for construction services awarded by the
National Joint Powers Alliance (NJPA) to the Gordian Group to expedite the delivery of construction projects
up to $250,000 or for emergency projects as approved by the City Manager. The IQC process is similar to
the JOC process previously used by the City but with tighter controls, including a limit on design, additional
competition on certain items and a small project threshold that limits the City's exposure. The IQC process is
used extensively by the local, state and federal governmental agencies throughout the United States to
expedite the delivery of construction projects. The City, as a governmental agency member, is authorized to
utilize the IQC contract for construction services competitively awarded by the National Joint Powers Alliance
(NJPA), a public sector cooperative, to the Gordian Group. ln an effortto expedite the Flagler Memorial Solar
Lighting project, the City Manager recommends that the Mayor and City Commission approve the use of
NJPA IQC Contract in an amount not to exceed $300,000 as outlined in the attached work order.
RECOMMENDATION
The Administration recommends approving the Resolution authorizing the City Manager to approve the work
order for the monument island lighting project utilizing the competitively bid National Joint Powers Alliance
(NJPA) cooperative contract for construction services with the Gordian Group, for a project total not to
exceed $300,000.
& MIAMIBTACH oArE l-lv-tf323
MIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE; January 14,2015
suBrECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CIry
MANAGER, TO APPROVE THE WORK ORDERS FOR THE MONUMENT ISLAND
LIGHTING PROJECT UTILIZING THE COMPETITIVELY BID NATIONAL JOINT
powERS ALLTANCE (NJPA) COOPERATTVE CONTRACT FOR CONSTRUCTION
SERVICES WITH THE GORDIAN GROUP.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends approving the Resolution.
KEY INTENDED OUTCOME
Maximize the Miami Beach brand as a world class destination. Streamline the delivery of
services through all departments.
FUNDING
Flagler Memorial lsland Solar Lighting - $300,000.00
BACKGROUND
The Administration has identified the Flagler Memorial lsland lighting project as a priority
project, As such, the Administration is seeking to expedite the supply, and install all necessary
labor, materials and transportation for the installation of a solar lighting package on Flagler
Memorial lsland. The work will consists of the furnishing of all labor, equipment and supplies to:
install three (3) solar electric power collector assemblies; remove eight (8) existing lights; install
eight (8) new lighting fixtures; install two (2) pole-mounted surveillance cameras; and, install a
control & communications system. All work is to be executed in accordance with existing design,
plans and technical specifications for this Project.
To expedite priority projects, on April 23, 2014, the City Commission approved a
recommendation by the Administration to utilize the indefinite quantity contract (lQC) for
construction services awarded by the National Joint Powers Alliance (NJPA) to the Gordian
Group to expedite the delivery of construction projects up to $250,000 or for emergency projects
as approved by the City Manager. The IQC process is similar to the JOC process previously
used by the City but with tighter controls, including a limit on design, additional competition on
certain items and a small project threshold that limits the City's exposure. The IQC process is
used extensively by the local, state and federal governmental agencies throughout the United
States to expedite the delivery of construction projects. The City, as a governmental agency
member, is authorized to utilize the IQC contract for construction services competitively
the City
324
Commission Memorandum - Monument lsland Lighting Proiect NJPA
Page 2 of 2
awarded by the National Joint Powers Alliance (NJPA), a public sector cooperative, to the
Gordian Group. ln an effort to expedite the Flagler Memorial Solar Lighting project, the City
Manager recommends that the Mayor and City Commission approve the use of NJPA IQC
Contract in an amount not to exceed $300,000 as outlined in the attached work order.
CONCLUS!ON
The Administration recommends approving the Resolution authorizing the City Manager to
approve work orders for the monument island lighting project utilizing the competitively bid
National Joint Powers Alliance (NJPA) cooperative contract for construction services with the
Gordian Group, for a project total not to exceed $300,000.
JLM/MT/EC/AD
T:\AGENDAVo'l5Uanuary\PROCUREMENnMonument lsland Lighting Project NJPA - Memo'docx
325
gffipHnlAN
ffi$ffiffi
Work 0rder $ignature Document
NJPA EZIQC Contract No.: FL-I\tlDCAE04{520'l4n PM
I-il *"* work ordor [_l *oo,r, an Extsttng work ordor
Work Order Number: 025982.00 Work Order Date:
Work Ordsr Title: Flagler Memorial Lighting
Owner Name: CitY of Miami Beach ContractorName: J.P. Moran, lnc.
Contact: Edgar ZaPata Contact: Jim Moran
phone: 786199-01 1B Phone:
Work to be Performed
Work to be performed as per tlre Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA
EZIQC Contract No FL-MDCAE04-052014-JPM.
Brief Work Order Descriotion:
This proposal includes the cost for Labor, Matorial, Equipnrenl and lransportation for the installation of the Solar
Liohtino Packao6 at Flaoler lsland
Tinre of Peformance Estimated Slarl Date: 0111212415
Estimaled Completion Date: 04l l 3/201 5
Liquidated Damages Wllapply: n Will not apply:IE
Work Order Firm Fixed Price: $299,E59.15
Orvner Purchase Order Number:
Approvals
t+u",) (l )'YL*e)
Owner Date
Work 0rder Signature gccumont
ezlQC-NJPA-FL
Paga 1 ot 1
12t18t2014
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326
E&RilIAM
re$ffiilDetailed Scope of Work
To: Jinr Moran
J,P. Moran, lnc.
13288 SW 120th Slreet
Miami, FL 33186
No Data lnpul
Dat€ Prlnted:
Work Order Numbec
Work Ordsr Till6:
Brief Scope:
From: Edgar Zapaia
Cily of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33133
786-299{1 18
December 16,2414
025982.00
Fla gler Menrorial Lighting
This proposal includes the cost for Labor, Material, Equipment and transportation for
the instalhtion o{ the Solar Lighting Package at Flagler lsland
I--l ereltmtnary Flnal
The following items detail the scopo of wr:rk as discussad at th6 sit6. All requirements nec€ssary to accomplish tha ilems
set forth below shall be considerecl part of this scope of work.
Thisproposal IsbasedonPlansandSpeclficatlonDate9/20149pages; E-0.0. E-I.0, E-2.0, E-2.1, E-j.0, E-3.1,
E.3.2, S-'l and S-2 by Calvin, Giordano & Associates, lnc., Geo Tech Report by Nutting Engineers daled 6/2014
and pre-bid walk through on 1111412014 to supply and inslall af necessary labor, materials and lransportation for the
installation of a Solar Lighting Package on Flagler lsland.
Limitalions and Exclusions
The manufacturer will supply JP Moran rvjth 4 hours of training for the purpose of connections and torminations,
Service is to include I site visit for the purpose of conneclions varilicalion as well as syslem start-up, lt is to also include 1
day of system set up and night prograntnring.
Should any site visits be required after the initial installation and system start-up The City of Miami Beach will be charged
1he current rate of S1200.00 per day by the nranufaclurer. This rate is only guaranleed for a period of 1 year after that the
current daily rate vrill apply.
The City of Miami Beach is to provido appropriate doek space for transportation lo 6nd from the lsland during construclion.
{urn,) (i ') )/*rn"x*)
Contractor --l )^ -*I ".!t'4
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Date
Scupe of Vy'ork
ezlQC-NJPA-FL
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't2t16!2014
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327
Contractor's Price Proposal . Summary
Date:
Rsr
Decembor 16,2014
IOO Masler Contract i?
Wo* Order #:
Owner PO #:
Tirle;
Contractor:
Proposal Value:
FL-MOCAE0<{5201 4arpld
025982.00
Flagler Memolal Lighting
J.P. lr!oran, lnc.
s1 09.1 37.50
01 . General Requirements $1 1.1,245.60
02. Site Work sl,299.01
03 - Cotrcrete $23,267.S{
05 - Metale i3,382.13
07. Thermal & Molsture Protection $13.84
08 - Openingt t1,585.16
09 . Finishes s2,815.90
23. Haatlng, Ventllatlng, And Alr.Conditionlng (HVAC)$1,793.21
26 - Electrical $130,M1.09
27 - Communlcalions $9,645.30
28 - Electronic Safety And Seeurity $240.S8
3't . Earlhwork $5,578.16
32 - gxterlor lmprovementB $1 ,171 .98
33 - Utllltles sr,7{8.85
Proposal Total $299.859.1 5
CortrEctor's Pr.m Prcpc*l - Srnrmary
ezlAC-NJPA-FL
Pag6 'l 01 1
12t16t2414
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328
Contractor's Price Proposal - Detail
Dat.: D6cemb6r'16,2A14
Re: IQC Masler Contracl #: FL-MOCAE01'o520r4{Pl'i
Work Order #:
Owner PO *:
Title:
Conlractor:
Froposal Value:
025982.00
lilagler Msmorlal Lighling
J.P. Moran. lnc.
s109,1 37.60
Sscl. ltam lloditsr UOM Ooscripllon Llne lotal
Lsbor Equip. Matedrl {Ex.ludsd it m.rt.d wilh an X)
01 - Gonsral Requirements
1 A1 22 16 00OC02 EA RajntbureablaFsasRolmbuBabbfeeswillbapaidtotn€contrsctorforths 325,370.10
actual co6l. wthout mad{-up, for which a receipt or bil is recefuad. The
Adjustm6nl Factor appled to ReinrbursaHe Fass wI bs 1.07$0. Tho labo,
cost hvdveo rn obtainin0 ai pamrts rs tn thc Adiusllnonl Ftctor. The base
co6t ol the RoinrbursabL Fe€ is 9.|.00. The quanllty used vJill a.jlust lhe base
cort to th€ aclusl R{rimt uf*$bls F€€ (a.9. qusntily ol 1 25 = Sl25.O0
Roimburacbh Fee). It there are multiplo Rermbrsable Fees, mqh one shellbe
listod 66parateb wih a comment in tho 'nol6' Ho6k to rdaniify tlro
Rormbursablo Fsos 1o.9, sidewak closurs, road fft, variour pemrits,
axtendod wanant6e, sxpBdiled Ghlpping cosls, 6lc.). A copy ot €ach recsipt
shall bc lnduded with the Proposal.
Quantly Unit P,ice Factor Tol0lInstatladcn 21,000.00 x j.o0 x "1j0gl . 2g,g?0.10
Task r€F$ants @sl to transporl !tscomdand smal lools toand fm llra lsland on a drrly basis, Cost
,ncludas Boat, Captaln. lnsuranm and Fual, Crty of Miami Boach lo provtda dock spaco
2 O'l 22 16 000002 EA RoimbursabbFeesReimbursabhfeeswjll bepaidtothecontsctorforthB 53,225"00
aclurl co!t, wilhouf mark-{rp, forr,rhich e rsceipl oa bitr lg rocclvod. Th.
Ad.iustment Faclor appled to Relmbursable Fees WI be 1.0750, The labor
cosl invdved in oblaining aI pemits is in the Adiustm€nl Faclor. The base
ccr of rh8 Relmbucsbb Fee is 31 .00. Ths quanrity ueed yrill sdiust the base
ccsl 1o the aclual Reimbursalrle Fee (e.9. quantity ot 1?5 = S l25.00
R6imbur6ahb F6s,. lfthers ars muhpla Rarmbursabla F666, oach one shall bB
li6r6d gBparalely w\th a cmmsnt in thB'note' Hock to idantify thg
RehtburGablo Fees {e.S. sldewak ctrsure, road c{rt, vadorc peilnltG,
.xtanded waranlBg, axp.dit6d Ehipping isits, ctc.), A copy o{ sach r!csipl
shall be induded with ihe proposal.
Quanlity Uoil Pricc Factor Totalhrslalla$on J.000.00 I 1.00 x 1,07s0 = 3'225.00
Peilnit Fo€s, Tne eslimatBd amdnt is lo/i, adu3l o6t to be detBrminsd. City PM to nBgotiats wi8ldg Depl. lo
reduce lBc as much as posjble,
3 01 22 16 000002 EA Reimbi:BabhFeesReimburgablefeorwlllbepaldlothecontractorforthe $980.00
aclual cost, wilhout m8rk{p. for which a rec€ipt o. bil is rocsived. The
,Adjustment Faclor appled to Reimbursaue Feos wi! bB 1,0750. The lsbof
€st invdved in obtaining al permits is in the Adiust nenl Factor. The b€se
mt of ths R8imburssbla Fee is $1,00, The qua$til.y ussd wllladjust th8 base
@st to tlE ddilal Roinrbursabb Fee (o,9, quantily ot 125 . 5125.00
Rermbursable Feel. f lhsre are muliiplo Reinrb,ursablo Fees, each one shallbe
lislod separately rlh a cornment in lho'nole'8o.* to rdontity lhe
Rermbursablo Feas 1e.9. sidowak c.losure. road ilt, variou6 penlits.
exl6nded wananlsa, oxpediled shipping costs, 6tc.). A copy of 6aci rcmipt
shall bc lndudsd with 0ro P,oposrL
Ousn$ry Unlt Price Factor lotallnstallalhn 9s0.00 x 1.00 x 1.0000 = s80.00
Buildor Ri6k lnsulance lo covot lho proioct mate.ials and oquiprnanl contract8d lhmugh JP Moran lnc. (This
rnsuranos doss not mver fralerials or oquiptrisrrt purchasad by mar,l
Coniractor's Pnm Propcffil - Delail
CZIQC-NJPA.FL
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Pag6 1 of 14
12h6t7014
329
eonrarto,ls Price Froposal - Detail Continues..
Work Order Number: 025982.00
Work Order Title : Flagler Mentorial Lightittg
Sest. hcm ltlodlfer UOM Oesslpllon Llne Totsl
Labor Equip, Material (Exclu&d ,t mBrkrd wilh an X)
0'l - General Requiremenls
4 0l 22 16 00OC02 EA ReimbursabloFessRoimbursablafeess'llb6paidlolh€contraclorforlho
aclual cosl, wilhoul mrrk.up, {orufrlch a ror*ipt s bil is receivad. The
Adiust&ont Faclor appfad lo RelmbursablB Foos vril be ,|.0750. The labor
cosl invdved in obtaining al pBmits is in the Ad.lustmont F3clsr. Tho bsss
6st of the RelmbuEable F* is 31.00. The qlanuly uscd wlll rdlust lhe base
@st to the sclual Rehnbursble F€e (s.9, quaotity of 125 = 5125.00
Reimbursabb Fee), lf drere are multipls ftsimbursbla Fees. ach ono shall be
liste d separately wth a cohnrenl itr tlre 'note' Uock to identity lhe
Rernrtrursabh Fees 1e.9. sdervak dosure, road oJl, vsrious permit6.
exl8ndod Barmnt88, 6xpedited shipping rsst6, elc,), A cBpy st sach roBipl
shall be induded wth lhe t}mposal,
Quantity Unit Price Factor TolallnstButtlon 6,000,00 r 1.00 x 1.0000 = 6,000.00
Bond Cosl (2i,6 Msx). Rough .sl.imats
36.000.00
5 0l 22 ?0 000010 HR Elec?iqanTa6ksinthoCTCincludoapproplaleco6tstocoverlabrr.These
ta6ks will be raquo6l6d spacifioally by the o$rer lor ffiiscollanerrrs wod< nol
covorsd in tho CTC,
Qiran$ly Unit Price Factor Totallnslallslion 12.00 x 32.06 x ,.4,t3s = 628.61
Nlg htime Starl-up/Tesl/Adjust/Troublerhool
6 Cl 2? 20 000010 HR ElectriqrnTasksinrhaCTGincfudaapprcpriata6slElomverlabor.Th€sB 5?,41?,70
tasks rvill be roqu*ted $p€cificafu by tho owner {u miscelhrrerus work nol
covarod in lho CTC.
Ouanlily Unit Pric6 Factcr TolalInslsllalion 34.00 x 37.00 x .t.208.1 = 2,417.7A
Tmvd timc to and from lsland,
V A1 22 20 000013 HR EquipmentOperalor,Light(B8c*hos.Bobcat)Tasksin$eCTCinclude SAl5,03
appropral€ costs to cover labor. These Iasks rvrll be requesled specrfically
by the ownar for mismlanerus work not mverad in lhs CTC,
Ouanlily Unit P{ice Factor Totallnstallatlon t8.00 x 37,48 x 1ro8r = 815.03
Tfavd tmo lo and frm lsland
I 01 22 20 000015 HR LabcrerTaskslntheCTCincfudeapproprlatecoststocoverhbor.These 55,004,43
tasks will be requested specrlica[y by lire ourer l(r rniicelkrleo{is wort nol
overed ir tre CTC.
Quanlity Unit Pro Factor Tolrllnstalladon 160.00 r 25.89 x 1.2061 = 5,004.43
L0ad arld unload barge
I 01 22 23 00 0263 M0 ?,50C LB Capaoty, 8o'V!ride, Trackad Skrd.steer Loedor (Bobcat) With $21,406.52
Full-TinrB Opsralor
Quanlity Unil Prie Faclor Tolal
Inslallrlian 2.00 x 8,859.58 x jJ0B1 = 21,4C6.52
Requirsd to movts mat€rials. toob and equlpmenl sround tha island to and frorn lhe job 6iloi lo litl heavy
obiBcl6 vritir lorklif( atlachm€ntl to mix mnorels w/ mix$ atladlftsnt; to harll oxcesr material nnd d€bris (
50'; rdo tilno ri,/o operator.
Conlrzclor's Pnco Proposal - Oelail
10 0l 22 23 000263 0075 [tOD ForEquipmantWtroutoprralor,Doducl -$2,A0?.32
QuanUty Unit P.rre Faclor ,otrllnstallsdcn ,,00 x .8.462.48 x r.208r = -7.887.32
30% idle tim.
PagB 2 of 14
12t16!2414EZIQC. NJPA. FL
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330
Contractofs Prioe Propusal - Detail Continues..
Work Order Numben 025982.00
Wort Order Title: Flagler Memorial Lighting
S!ct. ham ltlodlfsr UOll Oesslptlm Llne Total
Libd Eq.rip, lrta{aLl {€x*lo&dt wlcdr*}raX}
01 - General Requirements
11 0'l 22 23 00 02{i0 M0 Forldill Allacim€nl Fd Skkl.Sleer Loade.s $637.01
Qrranlity Unit Price Factor Tolal
lnstsll8tion ?.00 x ?63.61 x t2OBr = 637.01
Skid-$teer I Fcrtlitt requlred to nrovB maledal trom beac[ to job site.
tZ 01 22 23 0O 0374 MO 6,OCB LB Mini{xmvalor rl,ilh Ful}TitrE O?salor (Bobcat 325 Or 328}
Quantity Unit Price Fador Total
I lnstallation 2.00 x 2,070.9? x 1.i081' 5,003.88
Equiptrrenl needed for sx€vation and back.fill ol tNndstims and trsnche6 for elactii€l conduits, Rofllil
@mpanros arB asaossin0 axlra t€as ror u6B naar sah.!ral6r.
s5.003.88
,:) 01 22 23 0003E5 DAY 1teTo5/8CY.65HF,Loader€ackhoolMthStandardBuc*6rAndFultTrmo
OPcffit{r
s?,941.68
Ouantily Unil Pncr Fact0r Tolallnslallatior 4.00 x 608.74 x r208i = 2,941.68
Load and unlood mrterial€nd rubbish to and {.om bsrge and inland,
ln 01 22 23 00 063., MO 6.5 KW. 13 HP Gas Pmered cenerator Set s1,960.20
Qoantily Unil Prim Factor Tolal
Inslallation 3.m r 540.85 x 12081 = 1,960.20
,5 01 22 ?3 000736 EA FudReinrbureemtFo.Generatonpurohasesmadebythemtradorfor S1,f47.70
fuel wit bo rermbursod to the Cmlrsctor at ths aElual cst ot tha purchsse,
withilt m&rk{p, for whlch a raorpl or b4l is ramivad, Tha Adiustmsnt Factor
apflied to Reimbursble Fe6 \yi[ ba 1.OO00. The base Goit ot the purchasg
is $1,00, quanfty wil adiust cosl lo aclual purchaso 6o6t; i.o., quantily of ,l25
= $ 1 25.00 pur6,hsso. if ihsrs ara mulliple purchasos, cach one shal b€ isted
6epar6lely \{ith a commant h ths'nola" block to identity th6 O.rrchase.
Ousnlity Unii Pricc Factor Totallnslallallcn 9S0.0O x i.00 x tr0gr = 1,1.17.70
Eslimaled amount lor Ue sakB ot csldrlatins the lot3l cost of the proiect. Acual rmount to be deleminBd.
16 0l 22 23 00 0853 DAY garg*,lenlalwth Mounted Cr8ne And Full-tirxe Opemttrlncbding barge, $24,435.76
Quantity Unit P.ice Factor Tolallnstallalion ,2.00 x 1,6al.fs r 11081 = 24,435.76
t7 01 22 23 @ 1710 OAy 2,000 Gafon Waler Truct Wrlh FuS.Trme OpeBtor S{ ,05i,.t8
Ouanlty Unil Prrc* Factor Totalhstallation 1.00 x 870,36 1 1-2081 = 1,0s1.46
Necessary to lransport walor to the barge, [:ad on barge and tanspo.t lo the island whero it wi* bo pumped
inlo stoa8ge mnks,
18 01 72 23 OO 1252 MO 500 To 600 GsEon WEls Traile. With Fump
A$anfly Unitf,ncs iaclor Tald-hrslallafsn 4.00 r 1,043.sg x 1.2081 = 5,0'13.0!
There is no lvater source on lhe isbnd. Water will need 10 be lranspo(ei in snd steed {nrinlmum 1 ,200
qallons iusl for concrelo mhing),
$5,043.lX
19 C1 32 33 00 00C7 EA Aertal Phologrsphy, 1 SIte Within City. 15-20 Phoios, 6 Prmts Si,7C2.90
Quantjly Unll Price Faclor Totallnslallelion 1,00 x 1,104.i{ x 1.,t135 = 1,7a2.90
Nlghl time tdp to lsland lo photogrsph linished lighting per pro,ect requirerne{8.
2C Cl r5 23 0S 00C5 EA 6- Cmpaclim Crwcs Soib Tsr, ASTM D-1t57, Field Soils Tesl S645.S0
Qi,anljly Unit Piice aaclor Tolallnstallation z.oo x 267"2a x ?1081 = 645-80
Ferry teohniclan to and lrorn the island !o pqrtorm tBsL Assumo{ exjslinE malerisl ls coapectable lo 9pec,
Conlracl6rS Pric6 Prcpos3l - O€iai,
e lQC - NJPA - FL
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Page 3 ol '14
1211612A11
331
Contractor's Price Proposal - Detail Continues.,
Work Order Number: 025982'00
Work Order Titla: Flagler Memorial Lighting
SesL llam liiodlfar UOtl Desctlotlm Llne lotal
Labor Equip, Lt.rial (Erclr&d il m*trd wilh u Xl
22 0t 52 19 00 l-'003 MO Pnt3ue Toilels, Chqriial 5724.86
Quirntily Unit Priss Faclor Tobl
lnstallation 3.00 x 280,00 x tjogl = 724,06
ng facilities on islsnd lor use ol omer and visiting personnel.
?7 0l 71 23 li;0005 HR 2P6rsonSurv6yCrcw{UnitOf$earur6 lsPerc.6wHourWorted)hcludes 51,937.67
suiveyor. rodman, 6qLdpmsnl and tnslrumenls,
Quan{ry Unlt Pric€ Faclor Tolallnslallarcn 10,00 x 160.39 x i,aoal = 1,937,6;7
13 01 66 19 0000C5 CY HandlingMaiorialForQvtrl2S'PerCYOrMatorial P6r125'Fofdelv6ry,dsmo t739.36
or miscdlanoous moving requlred by ourrcr,
ousnnry unit Prics Faclor Totallnrlellauon 45O,0{J x 1.36 x r208r = 739,36
l"laul dsbrl6, materisl, etc. betwcen rob site and beach tor loadlng on barge.
?1 Cl 71 13 00 0003 EA Equipment Dslivery, Pickup, Mqbilzstion And Bsmoflilizatior ljsin0 A Tractw S3,i04.92
Trailer Wilh Up To 53' Bedlnct*das ddivsry of equipment, oft loadrng on sile,
rigging, diBmanllng, loadhg and lransporting eway, Fo. equipmeni such as
buldozers, motor scrirparB, hydrsulic oxcavalorB, gradalls, road gtBdBr3,
lGdcr{ackhes, hsrvy duty consuuctjon load6rs. trado's, pewrs. ro*drs,
bridg6 finishBrs, slraight most conskudion forklifrs, telesdoping boom rcugh
lerrain mostructjon lorkltls. lBhscopin0 ahd 6rllcul6lin0 bmm mEnlifts with
>40' tloo,n lengih6, €tc.
Quanlily Unil Prrce Factcr lottl
lnstallalio* 7.0{ x 402.63 x 1J0$t. 3,4A4.92
Ski$slee.loader & atlachmants 6x(xrwtor, 50O galm wal6t t6nt* lrailers,
25 0I 71 13 000003 EA EquipmonrOBtvBry,Fic*up,Mobilza$onAndDomoNizaricmUsingATra.tor 51,459.25
Tmilor With Up To 53' Eedlndudes ddivery of equipmonl. off loading o.r siie,
tigging, dismontlng, loadirq and t anspoding alyoy. Fo. equipment such ae
buldozers, nrotor scrapers, hydraulic excavalors, 0radslls, rood graders,
loader-backhoes, heavy duty @nstruclion loade16, t aclur, pavers, ro$ers,
bridge,inishers, strsight ffist construclion fcrldifts, tdescoplng boom rough
lorrein construction foC(Ifts, loloscoping rnd arliculaling boom man!ffs wilh
,4(f boofi langths_ st6"
Ouadity Unit Pric€ ?eclot Totallnstalledon 3.oo x 402,63 x 12081 = 1'459.25
€qulpmont to be d€livered for lha us. ol bading and unloading material and rubblgh to and tro.n bargs,
26 0l 71 23 16 0003 ACfi Ground Penolrating Radar (GPRI SuNorf"{irimsm quanrly rs 1l? 3cra por S1,347.67
prdecl,
Quantily Unit Fric€ Factor Tolallnsl3lotion o.2s x 4.{62.11 r i.?o8t - r,git7.67
01 - General Requiremente
21 0, 52 13 00 0025 MO 8' x I x 40' Sltrage CtrtainH 992.90
Ouantry Unit Price Factcr Tolsl
Instsllation 3.00 x 136.00 x rJ0Ar = 49?,90
Slorage for lightjng and sobr package h additior lo rnisc. equipmsnt"
28 01 74 19 000015 EA 20CYDump6tar(3Tm)'ConstruclionOebris'lrrcJudesdalivoryordumpster. S1,529.45
rsdal cosl, ,ick{rp $asl, hauhg, and disposal fec. No*razedoirs mst6rial.
Quanlity Unil Price Factor Tatallnslallation 3.0s x 422.00 x 1.20g1 = 1,529.45
Dumpstenfll be k6pt on mainland and d8bris sil havo lo bB loadad on bargo, transprrtsd fronr island lo
doc* and urioaded/dumped lnlo dumpsler on malnland tor plcfi-up by lrcsh haulng company.
Cont.ador's Pnce ProEcsal - Delail Page 4 of 11
12116|?A11CZIQC. NJPA - FL
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332
Sontractot's Frice Proposal - Oetail Continues..
Work Order Number: 025982.00
Work Order Title : Flagler Memorial Lighting
ssct hem Modlfar UOItt Desslptls Llne !4q!,-
Latror Equip. Material (Excludtd il martrd with an X)
03 - Concrete
il$ 03 2't I I o0 0006 TON Up To {6, G/ade 60, Foolirgs And Slahs. Rernforcing Sleel t3,915.85
ouantity Unit Price Factor Tolal
lnstsllation 1.75 x .t,B52.tg r 1:081 = 3,915.85
Rebar h nral fwndatior shb per Struc.twal Orawing s,1.
,239.42
41 03 31 13 000051 CF HancjMixAndPlaceConoataForusas,har6oonv6ntionnlequlpmentacaoss 59,8'12.69
is limited or vrhcn dirsclad by lh6 ownar,
Quanfity UnI Pric€ Factor Totsl
lnrtallatlon 6zs_o0 x 12.O? x ti0&1 = S,842.69
I'he lsland ls lnaccsslble to standard cmsele lrucksldelivede3, On6lte illxlng ol bag mix concrele i3
requked for this isdatsd bcation and water will nead lo be imporltsd. Cons6te wi{ bs ruixed per
manulaclu.er's inEtructions lo attajn 3.000 psi comprossivs slronglh bui may nct comply wi& aI specs on
tha plans calling for'ready mix'concrBts. This it6m indirdBs Uro 3 foundalior/podestal sots ehom on plans,
4$ 03 ?1 l1 0t) 001.1 TON Up To {6, Grade 60, Be*rns, GobrrmB Arrd Walls, Reinlueing Slrel 51,525,19
Quanlity Unil Price Factor Total
lnstallatior 0.6? x i,B84.ao x 1.20g1 = 1.525,19
Reber in pedestals pe. Structurdl Drawing S-,l.
42 03 31 13 00 0089 CY 50' Haul, Non l4olsized, Concrsls Buggy
Quantity Unit Prim Fa0lor Tolal
lnstallation - 239.1227.00 x 7.34 x 1.2A91 '
{3 03 35 16 00 0002 SF Conseta F}mr Finighes, Suesd $162,22
Ouantty Unlt Prico Factsr ToEllnstallatlon 420,00 x 0.30 x 1.2081 = a52.22
Screed fnlsh anly on top surface of mal loundatior slab.
44 03 35 16 00 0006 SF Concrele Floor Flnkhes, Siecl Tro'*d $2?4.00
Quanlity Unil Pricd Factor Total
lnstallation 420.00 x 0.S4 x l.z0a1 = 274.oo
45 03 62 13 000006 Sf 2'DeepNonshrir*Nonmelellccrord,ForGrootingB*s*a S766.85
Ouantity Utril Price FactoI Tolal
lnsrsllauon 20.00 x 22.6t x tj0Bt o 766.85
Croul pola bases pel sh*l S-1.
Subtotal for 03 - Cotrcrete t23,267.S,t
Sact. llsm llodller UOM Dorcriptim Lino Total
Labor Equlp, Matsrlal (Ercluded if mtfked wilh !n X)
05 - Metals
46 05 05 19 00007.1 EA 3lB"DiarrrsterxS'Lsnglh.31$$lalnlBssStoel,WedgoAnclrorExparsiorEo[ 5185.93
Quantity Unit Prioe Factor Totallnelallalion 18.00 x 8.ss x .r-208r = 185,93
47 05 73 00 000005 LF stainlessSteelomamentalHandrallVertlcalSqusreBarsAt6',ShepedTop
Ratl
s3, rs6.20
Outrlily Unil Ptits Factor Total
lnstallation 1g,m x 1.lO.gB x t.Z0g1 3 3,196.20
Roproornll6" r 6" x 1/4' Sl,ainlBss SloelAngls ior baltory 6bin6l mdjniiflg.
Sublotal for 05 - ltletals $3,382.1 3
Conlrector's Pica Propossl - Ostail
EZIQC - NJPA. FL
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Pa0e 6 oi 14
12116!2014
333
Contractor's Prlc* Froposal - Detail Continues.,
Work Order Number: 025982'00
Work Order Title: Flagler Mernorial Lighting
Subtotal for 01 - General Requlrements St14,245.80
Soct. hom ifodifor UoM Oo3criptioo Ltno Tot l
L6bor Equlp. Matorlal (Excludsd It marktd wllh an R
02 - Site Work
29 02 {l 16 13 0030 CF Oenro R6inrorced Conc{8to Fooling
Quantity Unit Prrce Fpclor tolal
lnsli*lation J2.00 : g,50 x 1.2081 = 328-60
Per Sho6t E-2.'t 'l",fodrfy uppat sgcficn of concrsto pededal as raquitod lol n:crunt ng of ptopossd 'B' llxture
(lnclqding cotnplala demolilion il toqulrad)".
30 02 dl 16 130C50 CF OemoConcreteFooringForFence,GsteOrPlaygroundEquipm8nlPosl, Ss70.41
Elc.lodudes excavatlsn.
Qusnrily Unll Ptre Factor Total
Inctallslion t35.0o , 5.95 r r2gEl * 970,.11
Subtotal for 02 - Slte Work $1,299.01
Llnc TotalSoct, hom Modifar UOM OltcdPtlil
$3?8"60
Lrbor Equip. Mtterlll {Ercludod il mtrkod wlth an )q
03 - Concrete
31 03 C5 00 00 0003 CY Set R6tsrd:ng, Typ€ B Concretc Admixlu.e SE9.70
Olr6nn9 Unit Prca Factor Total
lnslallBtlon 33,00 x Z.2S x 1,AoBl = 89.70
32 03 1'l 13 000005 SF MstFoundalionwood Fommrk 51,1.+4.19
Quanlity Unit Price Factor Total
lnslsllation 231,00 x 4,10 x t2ggr = 1,144"19
Quanlig Unil Price Faclor Totallnstallstion 231.00 * 0.7a x t.20Er = 206,51
34 03 11 13 000010 LF >6"To12'HighShtlEdg8sndBbck-Outw6odFonnwork 952,33
Quanlly Unit Pne Faclot Tolal
lnstallation V.Ol r 3.61 x 12081 = 52.33
33 03 11 13 000005 0s0'l Foi < 1,0O0, Add s206.51
35 03 11 13 000075 LF 2,|'DiameterRourdFibcrTube Formwork s1,322,14
Quantily Unit Pri6s Faclor Tolallnstsllatkrn 60.00 x 1g.24 , r.208r = '!',322,14
Sonotuba forms fo, Pedaslsb
36 03 15 19 000086 EA 1-114'Diamelerx54"Length,PhinSleel,L-TypeCalllnphceAnchorBoi S1,153.83
O[Enlity Unit Ptic. Faclor Tot8l
lnstallalion 28.00 x 34..t1 x rZ0Br = 1,153.83
S6l Anchor golts for aluminum polrs.
37 03 15 19 00 0066 0157 Fs Stoinl63s Steel, Add
Osantily Unit PricB Faotot Tolal
lnslallstion ?8.00 x 76.92 x 1J0Bl * 2,603.65
s2,603.65
38 03 15 10 000066 0158 For >1 0 To 50, 0edu$l -s20.63
Quantity Unit Price Faclor Trlal
lnstallation 28.00 x -0.61 x ,"Z0gl . -?0.63
Conlraclor's Pflcs P,oposal - Oetail
EI,QC. NJPA. FL
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Pags 5 of 14
12116!2014
334
Ccntractols Pric* Fropusal - Detail Continues..
Work Order Number: 025982'00
Work Order Title: Flagler Menrodal Lighting
Seci. ltem Modlfer UOil Oegcrlpdm Llnp Total
Labor Equlp. ldatcrial (Excluded ifmrkld wilh snX)
07. Thermal & Moisture Protection
48 07 11 13 O0 0009 CSF 2 CMls, Asdral{ic Paint Oanrpprooling, Bruehed On
Quanlity Utrit Price Factor Tolal
lnstsllstion 0.40 | ga.72 x 1-2081 - {3.84
ApDly to top ot friers p€r sheel S-1.
s43.8{
Subtotal for 07 - Thermal & Moislure Protection
Secl. ltern lllodtfor Uoll Descrlptln
$43.84
Llne Total
Labor Equlp, Mntetial (Ercluded i, marked wilh an X)
08 - Openings
49 08 12 13 130044 EA 4'x6'€'ThoughTr'x5{/4'DeopMelalDoorFramB,16Gauge
Ouantity Unit Price Factor TotalhstsllBtion 1.00 x 236.28 x 1.2o8l = 285.45
Demctfion 1,00 x 42,A5 ; 1,?081 * $0,80
Rernove and replare dou lrarra m elacldc rcom. Removrl o[ pln{ofr, dmr and 2x4 harne.
s336.25
54 08 12 13 13004.1 0069 For Auxihary Framo Reintorcamcnt Fo, Hinges. Add
O$trlty Un[ Pnm Fa6tor Tolallnstallstlon 1.50 x 2z.gl x 1j08r - 41.37
s41.37
5t 08 12 13 13 OO4.l 007{ EA For Welded Franreg, Add 554.36
Quantily Unit Pri@ Factot Totallnstall8tjon 1.00 x 45.00 x ,t,20gr = 54.36
52 08 'l? 13 13 004.1 0075 For Galvani:ed Framos, Add
Quantily Unil Pne Factor Tolallnslall.tion 1.oo x ra.26 x r.208r = 22.w
53 08 13 13 130050 EA 4'x$-B'x1.3/4"lSc8ugBMctalDoor(Utrrated) ${7C.Sg
Quantlty Unit Price Faclaf Totallnslallatlon 1.00 x 397J1 x 11091 = 479.9s
54 08 13 13 130060 0095 ForlSGauge,Gradetl,HearyDuty,Add
Ouantily Unit PrG Facls Trtal
ln$tsllrtion 1.00 x 69.ss x rj0g1 . u,o?
s22.0{j
5i 08 13 13 130060 0117 Fo/SsanlessEdgc(Welded),Add
Quantity Unit Price Fsctor Tolallnslallario4 1.00 x d3.4g x 1.20g1 = 52.54
i52.s4
56 08 71 16 000020 PR 4-1lTx4-llrSlsndardDuty,HallSur{ace,EallBearing,Eres3/Bronze,satln
Cfrmme Finish Hinoe
Ouanliiy Unil Pfic€ Factor Tolallnstalledon t,50 x 121.t5 x 1.A0Bl r 220.63
57 08 71 tG 000C20 O22A PR ForFairofNon-RemovablePins,Add S1O,s/
Ouantiiy Unit Pnce Fa6tor Tohllnstallauon i.50 x 6,00 x 1j081 = 10.67
5, 08 7'l 16 00 2056 EA 1' Diurleierslainlsss Stssl Ctfa€t Dotr PuIs. 10'Lmg $90.98
Cuantity Unit PriE Faolor Totat[rstallation i.00 x 75,31 x i,20E1 = s0,98
Conlraclor's pflcs Proposal - OBtail
$220.63
PsgB 7 ot 14
1zfi612014CZIQC . NJPA. FL
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335
Cnntractols Price Proposal - Oetail Continues,.
tA/ork Order Number: 025982,00
Work Order Titls: Flagler Memorial Lighting
SecL [em ModlfEr UOlt DosalpUm -,!!ttg'lgt4 ,
Labor Eguip. f,lotarial {Excfudod if nrarlcd with an X}
08 - Openings
59 0S 71 16 00 2326 EA Mortisod Ooadbot, Koy Ono Srds, Knob Ono SidoAN$l Grado 1, $192,04
jnlerchanEeab,o corss, aI finiehes. Cese 6iz6 4-1/2' r 6' {ncmlnal}.
Ouanliiy Unit Price Faclcr Totallnstalladon 1.00 x 158.98 x r2o8r = '192.04
Subiotal for 08. Openings $1,585.16
Sect hsm t{odlfar UoU Desdlptlon Llno Tqra!-
Labor Equlp. Matorial (Excludsd il mart{6d with en X)
00 ' Finishas
tt) 0g 91 13 00 022'l tf Pahrt Nlelal Dm Frame And Trim, I Coat Frimer, BruBhrRoller Work 56.38
Q.Jantily Unit Price Faclor Total
lnstsllatioo e.OO x 0.44 r i"?0A1 . 6.38
61 09 Cl 13 000226 LF PahtMor6looorFramoAndTrim,2cort6P6int,Brush/Rol6rwo* 513.92
Quantily Unit Price Factor Total
lnitallation 12.00 x 0.96 x r.208r = ,3.92
62 09 91 13 00 0?31 EA Painl Ext6rifl Dos, Eolh Facas, I Coat Pnmtr, 8rush/Roll6l Wtrk $12.77
Ousntlty Unlt P(ice Factor Totrllnslallalion 1.00 x 35,40 r 1-2og.t = 42.n
63 09 91 13 00 0233 EA Painl Exlerior Bos, Bolh Faces, 2 Coats Paint, BrushlRdler Wort $77.69
Ouanlity Unil Prica Factor Total
lnstallation .|.0O x 64,A1 x i"20S1. 77.$g
66 0& 91 t3 O0O381 SF PaintcratingsAndFram€EonocoatPdmgr 51,080.52
Quantily Unit Price Factor Total
hrstallarion 6g8.00 x 1.30 x r.Z0gr = 1,080.52
PRllr,lER COAT... light ixlure cages inledor and artBrior,
67 09 91 13 O0O383 SF PainlcratngsAndFramesF$ocoatsParnl 51,562.60
Ooantty Unil P.iB Factor Total
lnst3llatlirn 6gg.00 x 1.gg x 1.2081 = 1,562.60
FINISH COATS - pAINT light frxture cages lnlerJor and exterior.
M 0g 01 13 0{ 0331 LF Painl Csduit. Stxl Pip'e 2- To 3-1ff Dianreter, One Cnal Primer 55.15
Quantily Unit Prioe Factor Totalhrslallation 6.00 x 0.71 x 1.2081 = 5.15
Peinl €xisting pipe supporls fry lghl fixtures,
65 0S 91 13 D00341 LF Paintco.iduit,StoelPips21"To3-1/2"Diam0lor,Twocorts 526.87
Ouanlity Unit Prlcg Factor Totallnstallatbn 10,00 x 1.39 x rio8r = 26.87
Painl exlstlng plDe supFrts for lghl flxtures.
Subtotal for 09 - Finishes
SecL ltem Modifer UOff Oe6diDuon
$2,81 5.90
Lin€ Total
Labor Equip. irEt€ri8l (Excluded if markcd wiih ah X)
23. Heatlng, Ventllatlng, And Alr.CondlUonlng (HVAC)
Conlraclor's Pncg Proposal - Delsil
EZIQC. NJPA . FL
Pag6 8 of '14
12t16t2414
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336
Cortractor's Price Proposal - Oetxil Continues..
Work Order Number: 025982.00
Work Order Title: Flagler Memorial Lighting
ss6t. hem Modlfer Uottt Dssslpda Llna Total
Labor Eqoip. Malcrial (Excluded if marktd wlth an X)
23 - Heating, Ventilating, And Alr-Conditloning (HVAC)
68 23 09 23 0O 0006 HR EMCS Syslenr Conlrob T(aining $1,793.21
Quaslity Unit Priqs Factor Total
lnstallation .!6,00 , gl.tt x tr08r = 1,793.21
Sepco Technlcal T16ining
Subtotal for 23 - Heating, Ve nlilating, And Air-Conditioning (HVAC)
sect. ltem l\lodlle r Uol, Dsscrlptlm
$'1,793.21
Llna fotal
Labor Equlp. Materlal (Ercfuded lf mlrked wlth .n X)
26 - Electrical
7A 26 05 19 160176 MLF flzAWGCabla-TypaTHHN.THWN600VCoppe(Singl6Strandod,Placedln
Condult
Ouantily Unil Pr'e Facior Total
Installatlcn 1.93 x 355.15 x t:OBr = 828.08
s828.08
71 26 05 19 1S0?79 MLf t6AWGCable-TypeTHHN-THll'/l,l 600VCopper,SingleStranded,Phmdln
Conduit
Ouantity Unil Prre Factor Tolal,nslallalion 0.o8 x r,02S.3.1 x 1,208r = 92.10
72 26 05 ?6 00 msg EA 5r8" Dianrettr x 'lO' Long Capperclad Ground Rods 8412.30
74 26 05 26 OO0l79 EA UpTofOA\i/GCadleebConneclionForS$ico.Lug,croundRod,RebarOr $000.29
Strucural Ste ellnclldeg nrolds, male.ials and a[ neese ary lools to make
connsctions,
Ouantity Unit Prira Factof Total
Installarion 9.00 x 5g.et x 1.2081 = 600.29
75 26 05 29 000008 EA UpTol'Lungthxl{18'Wid6x13116'Hlgh, 12Gauga.StffilUnistrulChannsl s87.76
Qdandry Unil Prics Factor Total
lnstallalion 6.00 x 56.00 x t,a0B1 3 412.30
73 ?6 05 26 0oo133 EA 12'x12"x12'Polym6r0orrrretsGroundAccessWe[ 51,186.64
Quantily Unit Prrre Faclot Tol,allnslalladon 4-00 x 2{5-s6 x 1.?0Bi - 1'186'64
Ouantrly Unil Prre Factor Tolal
lnslallation 8.o0 x 9.0A x t.2081 = 87.76
?6 26 05 29 00 OO40 EA ,'Diometer, Rigid Stesl Corduil Clrmp For Unistrut Channel 577,32
Quonlity Unit Price Factor Total
Instsllation 32.00 x 2,00 x t.208r = ?7,32
77 26 05 33 13 1875 LF l"SrJredulsi0PVCConduitWthGlusdCoupllogs, OirgotBudal
Ouantity Unit Price Factor TolalInslallation t.3z3.OO x 1.50 x 1.20g1 = 2,488.08
78 26 05 33 131888 EA l'ScheduledoPvccohduitgooegreeElbow,DirectBudal Sl,?91.70
Qr,antty Unlt Prics Feclor Totial
lrslallation 88.00 x 12^lg x :,2081 = 1,?s1.70
6?,188.08
Conlr8clor's Pttc€ ptotlosal - Dslail
EZIQC. NJFA . FL
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Pags 9 of 14
12t14t2014
337
Contractor's Price Proposal - O*tail Continues..
Work Order Numbar: 025982.00
Work Order Title: Flagler Menrerrial Lighting
Sscl. tam ilodlfor UoU Dssslptlm Llno fotal
Labor Equlp, Malerial (Excluded il maked with an Xl
26 . Electrlcal
79 26 05 33 13 1S01 EA 1" PVC Conduil Adaplar, Direct Butd 3119,46
Qu8nlity Unil Price Factcr Tolal
lnstallation f6.00 x 6.1g x tjogr = 119.45
8C 26 05 33 13192,i EA 1'PvcconduitTorminalAdarnrs,DksclBudsl i583.14
Qua/tIty Unit Prie Factor Tolal
lnsl8llallon ?9.00 " 6.11 x r.208r = 583.14
81 26 05 33 132357 LF l'LiquidTightrlexconduil S261.02
Ouanlity Unll Price Fs€lor Totsl
lnstsllaliorr 00,00 x ?.Tl x 1-2081 = 261.92
82 26 05 33 13 2368 EA l'Sraighr Liquid Tlght Connedd tt82.9.1
Quanlily Unil Pri6,s Faclor Tolal
lnstallsdon - 182,9120,00 x 7.5? x 1,2081 -
83 26 05 33 132378 EA 1'gooegieeAngloliquidlghtoonnedor $277.62
Quantity Unit Price Factor Totalln6tallallon 20.00 x .|1.49 x 12081 = 217.62
U 26 05 33 160175 EA 1'.TypeFS,ShaflouSlngleGangCastNuminumBoxonohub. 9871.19
Ouanlily Unit Pric€ Fsctor Tolal
lnsBllstion 16,00 x 4s.07 x 12081 = 871.10
85 2lt 05 83 000'123 EA 3Port,#l4to2l0,PushOnGalSlilbSflicoKrtKitcontaincconnoclor,gelriled 51,176.01
cap and cap clamp.
Ousntity Unit Pic€ Factor Totatlnslallation 32.00 x 30..t2 x t208t ' 1,178,01
86 20 05 83 00 0124 [A 4 Pott,*14 to 2, Gel Iap SpIm Kit
Ouantily Ur)il Price Faclor Tolal
lnslallation li.oo x zg,g2 x r.z0Br = 38?.99
ta? 26 27 26 000251 EA BlankCover,SingleGsng,Cartilleto&cWosthsrproolCover(K,larl@FSBC) S'17S.99
Quantty Unit Prics Faclor Totallnsl,ollati:n 16.00 x 9.26 x 1.2001 = 178.9S
A8 26 31 00 00 009S EA 255 Ah. 12 Volt, Seslod Abso.bad class Mar (AGM) B5(cry (Conco.de $812.21
Pvx_2580T)
Quantily Uoit P.ice Ftclor Tolal
x lnstallation IA,o0 x 37,35 r 1_?0g,1 . g1z.z1
SP Represent 45C0AH ot baltery capacity
89 26 3t O0 000114 EA 31'x36"x'14'NEMA3RAluminumPhotovciaioBattaryEnclosurs(lronRidge 567.92
8ETSBR827BP)
Ouantily Unit Prics Factar Total1 lnstalldrion 3.00 x 18.74 x 1.2081 = 67.92
SP
90 26 56 36 000257 EA 200LEOS,221 Systemwats.AdjustablcArmMount,Rodengular,LEDFkrod $611.98
Light (CREE& BetaLEBO EdgeO FLO€DG)
Quanfly Unll Pr:ce Factor Tolal
1 lnstalBricn 4.00 x 126.64 x 12081 = 611.08
SP Rspresonrs Whhe Flood Unh
3382.99
Conrractofs Pris Proposel - Detail
czlQC-NJPA-FL
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Page l0 of 14
1 2/i 6t2014
338
Contractot's Price Proposal - Detail Gontinues.,
Work Order Number: 025982.00
Work Order Title: Flagler Menrorial Lighting
Llna TotalS€ct" hem Modllar UOU DoscrlPtlm
Labor Equlp. Mat6rirl (Erclud6d if mrrt*d Yllh 6n )0
26 - Electrical
S1 26 56 36 000258 EA 2{0LEDS,264Systemlliats,Adjust6bloArmMornl,Rgda*gular,LEDFhod
Lishr (cREEO BatsLE0O EdgeO rLD-EDG)
Ouantity Unit Price Factor Total
y lnslallarlon 4.OO x t3t.E0 x r.2081 = 63i.46
SP Reprssents RGB Flood Unit.
s635.46
gz 26 56 43 o0 o0r.t EA 400 Walt tdstdl Haldo 1705 Series Lithonia Hish Pedormance Fbod Light $741.87
Quadity Unit Prca Factor "foial
lnstallatlon 0.00 x 1.1?9.95 x 1.Z0Sj = 0.00
Denlotitron E.OO x 76.76 x 1,2081 - 741'87
Subtotal for 28 - Electrlcal
$eet. lt8m tlodifer Uoltl D.3crlp6on
s130,041 .09
Lina Total
Labor Equip. Maledal (Ercluded il marked wlth an X)
27 . Communications
93 27 1{ 13 130006 EA ModulsrPlugForNon.shraldedCopparCommunicalonsCabbUpto
&DositionlS{nta6,t non-drieHed nrodular Dlu0 (or sdid or gtlandod Mro,
lndud* lermination.
Ouantity Unlt Prlc* Factor Total
lnslallation 40.00 x g.sz * r.206r = 460.04
$460.0,1
94 27 14 13 130006 0030 For >'10. Deducl .s'107.76
Ouontity Unit Price Factor Totalln6t6ll6tioD 40.00 x -2.23 x 12081 = -147.74
95 27 1{ 13 130010 PR CerliS'l-PairofACopperComnxrnicationsCablo S?2.00
Ouanliiy Unil Prlce Faclor Total
lnrtalladon - 72,0020.00 x 2.98 x t.?081 -
96 21 14 13 16OU47 MLF 4PakszOAWG,Sofid,Lowvohr6ge,placedlncortduit,AlarmAnd 52,641.08
Comm!.rnicalion5 C€bls
Ouadity Unit Prica Factor TotsllnstallaUon 1.X2 x r,656.17 r r,?o8r = 2,S41.08
gl 27 11 23 130046 EA 1,440w4u,'l20vohAcSohrPorverSlatiwt 52JX2.74
Ouanlity Unit Prim Factor Tolal
I lnstallatlon 1.00 r t.7Bi.3? r l2o8l = 2,'132.71
SP Repressnts 1 Solar Station
98 27 14 23 130049 EA 2,8a0watt, l2ovo[AcsohrPoworstntion 32,843.67
Oud{rlily Unit Pri@ Faclor Tolal
x lnstalladon l.O0 x 2,853,84 x 1-2081 = 2,813.67
SP Repre8onts 2 SohrSlrl'0|}6
99 27 14 33 16 0015 MLF RG.6Aru Coaxral0slribulion Cablo, ln Conduit 51,573.45
Qlrantity Unit Pri@ Factor Total
Installation 0.25 x 5,209.67 { 1.20g1 = 1,573.45
1OO 27 41 16 000038 EA TvcameraoutlelPkg
Qusniity Unil Ptica Factor TotBl
X lnstallalion j.00 x 24.90 x 12081 = 30.08
s30.08
Subtotal lor 27 - Communicatlons 39,645.30
Contraclor's Pom Ptotlosal . Oel6il
EZIQC. NJPA - FL
Psg€ ll ot'14
12t16!2014
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339
Crntractor's Price Proposal - Detail Continues..
Work Order Nurnber: 025982.00
Work Order Tiile: Flagler Memorial Lighting
Ssct, hem Modifer UOtl tcsa.tlptlm Llne Total
Labor Equip. f,{aterial (Ercfudod if makcd wilh an X}
28 - Electronic Satety And Security
lu 28 ?3 00 000153 EA lmpoct-Rs6israntCameraDorfio,??XHig[ResolrrlionCamoraLenslncludeg
variable'epeed drive, a[rninum uppor housing, lower pdycatbonals domo
and 22X high.rascblim cokrr camora/lons. Vicon modd SVfT-i122.
Ouantity Unit Ptire Factor Tolal
I lnslallatlon i.oo x 199..t7 x r .208r = 240.95
SP
$240.98
Subtotal for 28 - Elactronic Safety And Socurity
SrcL lum Modfcr UOil D.scrlFdott
$240.e8
Lln! Total
Labor Eeulp, Moiarlsl (Excludcd lf msrkld wllh sh X)
31 - Earthwork
t02 31 05 16 000013 CY {9srone^ggregsreFl[(114'6lcen) 348.92
Quantlty Unit Prle Faclor Tolal
lnstalla$on 1.00 x 40,49 x 1.2081 = 48.92
Handhole Gravel
103 31 05 16 0000'13 0050 For Uo To 10. Add S 14.11
$506.08
Ouantily Unit Pri*F€clor Tolal
lnslsll3tioo 1,o0 x it.68 x 1.208r = '14,11
1A4 31 11 00 000003 ACR Cl8arturdGrublightstumpsonlyuplo6'Diamlsr 513{.03
Ouantily Unit Prie Factor Total
lnslallation 0.30 x 1,,97.56 x 1.20A1 = 434.03
105 31 11 0O 000012 AcR Chlpping-MedtumBrush
Ouanflly Unit Prica Faclor Tolrllnslall.ilcn 0.30 r 1.3g6.3s x 1.20s1 = 508,08
1Ae 31 11 00 00001/ CY HandLoadingOfClearedArdGrubbadMaierial
Ousntily Unit Frrce Faclor Tolal
hstallation 40.00 x 11.9, , r,zoBr = 575.54
I t0 31 23 16 13 000.1 0055 For >20 To 50, Add
Ouaniity Unil Pric€
9575.54
1A7 3t 13 13 0O0C02 EA UpTo6"OianetorSlunrpR*rovallndudsex€valimn#srylormove $11,{.66
stlmp and lmdrng.
Ouanlity Unit Price Factor Tolal
lnslallalion 2.00 x S9.B? x 12081 = 1{4.66
108 31 13 13 00 0012 EA Up To O'D.B,H, {Diam€tsr Al Broast Hoioht} Troo Removalhcludei cufting up 5614.87
tr6o, chipplng and loading.
Ouantity Unit Prjce Faclor Tot6lkrstallauon 2.OO x ?S,18 x 1.2081 = 614.87
109 31 23 f 6 13 000.1 Cy 12" wlda 6r Las8, Excavallon tor'f ronchlng by Machins ln Lmso Rmk $389.01
Quantity Unit Prrce Faclor 'total
lnstallaiion 4o_o0 x 8.05 x 1j081 = 389.01
s1s4.75
FBclor Tolallnsuall8tion d0.00 x 4.03 , 1.a08r' 191.,75
111 31 23 i6 13OOCB CY ExcavationForTranchingByHandlnLooscRocklodudesstockpilngexcess
msledals and trinrming sldes and botldn ol trench,
Quanlity Unit Prie FBctoI Tolallnstallaiion 4.00 x 62.,{ x 1260r = 325.80
9325.80
Conlr:,clor's Prrca ltoposal - Ootail
EZIQC. NJPA. FL
Psg€ 'l? of 14
12rr612014
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340
Cnntractor's Price Proposal - Detail Gontinues..
Work Order Number:
Work Orde r Title:
025982,00
Flagler Memorial Lighting
SBcl"llsm Hodllsr UOU Dcsslptlq Llm Total
Labor Equip, Material (Excludod if madrod with on X)
3l . Earthwork
/ 12 3t 23 1ri 13 00'11 BacHilling or placiog Subbrso lor Trenchss wilh lmporlod or Slockp,lsd
Materials by Hand
Or:anlity Unit Price
s39_58
ln$snauoo 3,O0 x 't0.92 x
Fa6lor
r.2o8r =
Toral
3s.58
1r3 31 23 18 13CO44 LF Backnu 6'Wda, ,?' 06€p Tranch, Wlh Cmp3cton 31?5.64
Ouantity Unil Pnelnstallar.ion 800.00 x 0.13 r
F aclcr
1 2081
Tolal
125.U
114 31 23 16 330007 CY Sprwding, Shaping, and Rouqh Graoing lmporled or Slockpiled Materialls
Bulk Excavalion by Machine
Faclor
1.2081
s253.0?
Ouanlity Unrt Pr,mlnstallailon n.W x 2.72 x
Sprsading ild shaping / m!gh grading of conilru6uon area,
Tol.l
253,02
115 31 23 16 360010 CY Excsvation For guiHiflg Foundations And Other Structures 8y Hsnd in Lorse
Rock
Quanlily Unil Prire
s r,034.42
lnslallation fi.7A r
Excavahon of ( 4 ) mal roundations,
67.42 x
Faclor
t.zo8r -Total
1"034.42
116 ill 23 16 360C13 CY Rdmating On Sits Exoavated Malerid Fmr Exavgtion For Buildhg
Foundations and Other Stuctures >300'to 500'
Quntity Unit Price
lnstallation 28.00 x 3.02 x
$r?2.45
Factor
1 .2081
Total
122.45
Move Bx€ss llH from loljndation excavalrurs to anothcr spol on the island and dump iru prle.
,17 3t 23 16 360013 0016 For >20 To 50, Add
Ouanlitylnstallaucn 28.00 r
s92.01
Unit Price
2.72 x
Factor
1 .2oBl
Tolal
92.01
118 31 23 ,,6 360019 CY Backfllling Around Buildlng Foundalions And Othrr Structur6s By Hand s271.39
Ouanfty Unil Prie Factor Tolal
271.39lnstallatlon g.OO x 18.72 x
Eacdil around ( 4 ) mat foundations and ( l0 ) peddsials,
119 31 23 16 360021 CY Compaclion Of Flll Or Sutfme Fa Euilding Fomdalloos and Other Strucluies
by Vibmtory Phle, Air Tampar, Etcatwa
Quantily Unit Pncs
$280.1 3
lnstalladon 62.50 x
Fa6to,
1.2081 =
Total
280.1 33-71 x
12A 31 23 16 3600?1 0021 Fs >50 To 250. Add
OuantitYlnslallstion 62.50
31 1 1.75
Unit Price
1.48
Factor
12081 =
Totsl
1't 1.75
St biotal for 31 . Earthwork
SBGL tem irodifar Uotl Osscrlptim
s5,s78.16
Lins Total
Labor Equip, Malorial (Excludod it markod wilh an Xl
32 - Exterior lmprovemenls
121 3? 31 13 000076 LF 2' Oulsrde Oiameter Galvaiized Siesl Po6t. 7'To l0'!n LeIgth s288.98
Ouanlllylnslallatiorr 0.O0 r
Denrclition 260"00 t
Unit Price
5.36 x
0.9? r
Factor
1:0Br
1 2081
Tolal
0-00
286.98
Conlraclor's Prie Prcposal - Ootail
EZIQC.NJPA.FL
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Page 13 of 14
't211612A1a
341
Cantraetofs Frice Proposal - Detall Continues..
Work Order Number: 025982.00
Work Order Title: Flagler Memorial Lighling
ssc.t hsm ilodlhr Uotl Dasslptlm Llne Tolql -,
Labor Equip, f,laterial (Excluded il marlsd with an X)
32 - Exterlor lmprovements
12? 32 3, 13 000030 LF 3"Oulcldo0iametercslvani2edsteelPost,T'Tolo'lnlenglh 326.10
Quantity Unit Price Factor -folal
lnstallaiion 0.00 x g.0e x 1.2001 " 0.00
Oemdilion 20.00 x 1.08 x lJO8l = 26'09
123 3? 3l 13 00017S LF 10'FollHBrghtFabricGhainLinkdgGsrrgo, l.2OzCorlin0,f Mssh 3719.30
Oudntity Unil Price Factcr Total
lnslallatlnn 0.00 x 12.35 x 1.208,1 . 0.00
Domol;tion 260.00 x 2.29 x 1.2081 s 719.30
124 32 31 13 00 0379 EA 20' \Mds x 10'High Doubls Gat6 Oalvanred Slselwthout Barbsd Wre 574.?l
Qu8nlily Unit Price Faoto, Total
lnstaflati,on O.O0 x 1,860,33 x .t.ZO61 = 0.00
Demolition 1.00 x 61.48 x 1.2081 : 74.27
125 3? 84 23 000247 EA SpreadspectrumYagrAnlenna(CalsonsesR-YAc|) 963.33
QlBntily tjnit Prie Faclot Tolal
x lnslallation 1.00 x s2.42 x l2o8t = 53.33
SP
Subtotal for 32 - Exterior lmprovements
s.ct ltam Modl{cr Uollt Olscription
$1,171.98
Llnr Totrl
Lat or Equlp. M:t€rhl (Excludsd If mrrlad with an X)
33. Utlllties
126 33 01 30 51 0281 LF 1'Tenrporary Service Hose With Fitlingslndudes removal afler use. $177.$9
Quantity Unit Price Faclor Total
lnslallalion ICO.OO x 1.42 x .t .208.1 = 177.59
Connecl lrose for use *,ith lemporary rvater stofa$e containers 6l the iob site.
127 33 05 16 130168 EA 11^x20',12"o€plh,22,500LBDesignLoad,Gasksted.OpBnBotlom, 52,993.09
Slralght Sides, Potymer Concr.t€ Handhda Endosure
Ouantily Unil Prics Factor Totallnstsllalion 12.00 x 206.46 x 1:0g,1 = 2,993,09
128 33 0S 1E 130370 EA 11'x rB', 15,000LBDesigrlLoad, HeavyDuty, PolflrerConcreleHsndhoh 51,578.17
Endosure Cover Wth Gsskel
Quantly Unit Price Faclor Tolallnstallalion 12.00 x 10g.06 { 1.20g1 = 1,575.17
Subtotal for 33 - Utllltlos 54,?"$.85
Proposal Total $299,853.'t5
This total lepregen(s the ccnecr tc:al for the proposal. Ar')y discrepancy b€tween lne totsls.
sutxolals aff lhe proposal lotal is cue lo rounding"
Sutlenkaclor Lisling
AZIQC. NJPA. FL
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1U1612014
342
RESOLUTION TO BE SUBMITTED
343
THIS PAGE INTENTIONALLY LEFT BLANK
344
C7 - Resolutions
C7M A Resolution Authorizing The City Manager To Waive Work Hour Restrictions, Noise
Restrictions, Work Day Restrictions And/Or Other Necessary Actions Related To
Flooding Mitigation Projects, Such Waiver To Be Found ln The Best lnterest Of City
Residents.
(Public Works)
(Memorandum to be Submifted in Supplemental)
Agenda ltem C1 M
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R2
COMPETITIVE BID REPORTS
347
R2 - Competitive Bid Reports
R2A Request For Approval To lssue An lnvitation To Negotiate (lTN) No. 2015-060-WG For
Rooftop And Other Facility Leases For Telecommunications Equipment.
(l nformation Technology/Procu rement)
(Memorandum to be Submitted in Supplemental)
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R5
ORDINANCES
350
b
-OFFICE
MIAMIBEACH
OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTOR.NEY COMMISSION MEMORANDUM
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CIry MANAGER
SECOND READING
PUBLIC HEARING
ALEKSANDR BOKSNER, FIRST ASSISTANT CITY ATTORNE
JANUARY 14,2015
FROM:
DATE:
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE XVI
THEREOF, TO BE ENTITLED "NUDE DANCE ESTABLISHMENTS," TO
PROVIDE REGULATIONS REGARDING IDENTIFICATION
REQUIREMENTS FOR ALL WORKERS AND PERFORMERS IN SUCH
ESTABLISHMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
The Neighborhood/Community Affairs Committee held a discussion at their November
21, 2014 meeting to discuss an ordinance to address human trafficking that was being
sponsored by Commissioner Tobin. The State of Florida has been plagued by incidents
of human trafficking, which includes the exploitation of victims that are trafficked for sex
or sexual performances, in adult entertainment businesses and establishments.
The Neighborhoods/Community Affairs Committee has recommended that
Commissioner Tobin's Ordinance is vital to the protection of the public health, safety
and welfare, and was presented to the Mayor and City Commission at their regularly
scheduled meeting on December 17, 2014. The Ordinance was passed at First
Reading by the Mayor and City Commission, with the understanding that it would be
further modified to better protect victims that are trafficked for sex or sexual
performances in these adult entertainment businesses and establishments.
This Ordinance will serve to regulate, and protect workers and performers in nude
dance establishments, and prohibit the prolific human trafficking problems occurring in
the State of Florida and the City of Miami Beach.
AB/sc
Agenda ttem BSA
oate t'l{'/{351
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
GIry CODE, ENTITLED "BUSINESSES," BY CREATING ARTICLE XVI
THEREOF, TO BE ENTITLED "NUDE DANCE ESTABLISHMENTS,"TO PROVIDE REGULATIONS REGARDING IDENTIFICATION
REQUIREMENTS FOR ALL WORKERS AND PERFORMERS IN SUCH
ESTABLISHMENTS; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, human trafficking involves the commercial exchange and exploitation of
humans including forced prostitution and pornography, involuntary labor, servitude and debt
bondage; and
WHEREAS, human trafficking is a growing problem in the State of Florida, which has
risen to the second most common criminal activity behind the illegal drug trade; and
WHEREAS, Florida has been identified as a hub for human trafflcking in the country,
and the City has recognized a legitimate governmental interest in protecting victims who have
been trafficked for sex or sexual performances; and
WHEREAS, the City deems underage workers and performers in nude dance
establishments to be not only illegal, but a threat to the public health, safety, and welfare.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 18 of the Code of the City Miami Beach is hereby amended to
create Article XVI thereof, to be entitled "Nude Dance Establishments," as follows:
CHAPTER 18
BUSINESSES
***
Article XV!. Nude Dance Establishments.
Sec. 18-913. Proof of ldentification for Workers and Performers. and Shift Loqs
Required.
All nude dance establishments, as defined in Section 142-1271 of the Citv Code, and as such
Section mav be amended from time to time. must:
1. Require anv worker or performer enterino the pr€mises--r#i+l nude dance
establishment to provide proof of an oriqinal, lawfullv issued state or federal
photo identification. and one additional form of identification that confirms he or
she is:
(a) 18 vears of aqe or older, or have othenvise reached the aoe of
maioritv: and
352
(b) ls either a U.S. Citizen, leoal resident, or othenruise leoallv permitted
to be emploved within the United States of America.
Confirm that the person is workinq or performino of his or her own accord, and is
not beino forced or intimidated into workino or performinq at the nude dance
establishment. The confirmation as set forth within this subsection shall be
pursuant to, and in compliance with Subsection 4: and
Maintain cooies of those documents required in subsection 1 and 2 herein, and
those documents must at all times be on the premises of the nude dance
establishment for the duration the worker or performer is emploved. hired or
contracted at, or is permitted to work or perform at the nude dance
establishment: and
Verifv the accuracv of those documents required in subsection 1 and 2, and
ebtain bv preparinq and retaininq a sworn statement bv from the owner or
manaoer of the nude dance establishment confirmino that the individual
performer that+he-er-he is at least 18 vears of aqe. is performino of her or his
own accord. and is not beinq forced or intimidated into performino or workino:
and
Maintain a check in/check out procedure and loo wherebv the documents
referenced in subsection 1 are presented bv the worker or performer upon
enterino the prep+ises nude dance establishment, and the worker or performer
loos in upon enterino and loqs out prior to exltinq the nude dance establishment.
The loo shall indicate:
(a) the name(s) of the manaqer(s) of the nude dance establishment on
duty at the time of the loq in and loq out;
(b) the worker or performer's actual name: a unique identifier. if anv (e.q.,
emplovee number or staoe name); the iob title or role at the nude
dance establishment (e.q., performer, emplovee. server. bartender);
the loq in and loo out times: and
(c) Mirm the manaqer who confirmed that the
identifications referenced in subsection 1 were inspected and verified.
The documents referenced in subsections (1) throuqh (5) must be available for inspection bv the
Citv upon demand. and the nude dance establishment shall not refuse access to these
documents for insoection bv the Citv. No person shall be allowed to enter or perform at the
nude dance establishment-e++e#erm who has not been presentlv verified consistent with those
provisions identified within Section 18-913(1) throuoh (5).
Sec. 18-914. Enforcement: penalties.
(a) Civil fine for violators. The followinq civil fines must be imposed for a violation of
Section 18-913:
353
(1) First offense within a 12 month period must be a fine of $5,000.00:
(2) Second offense within a {2--menth 3 vear period must be a fine of
$10,000.00;
(3) Third offense and subsequent offenses within a 1?-++en+h 5 vear period must
be a fine of $20,000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
enforcement aqencies or reoulatory bodies from anv action to assure compliance
with this section, and all applicable laws. lf an enforcinq officer finds a violation of this
section, the officer mav issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation. amount of fine for
which the violator is liable. instructions and due date for pavinq the fine, notice that
the Violation mav be appealed bv requestinq an administrative hearins within ten
davs after service of the Notice of Violation. and that failure to appeal the violation
within the ten davs, shall constitute an admission of the violation and a waiver of the
riqht to a hearinq.
(q) Riohts of violators: pavment of fine: rioht to appear; failure to pav civil fine or to
appeal.
(j) A violator who has been served with a Notice of Violation must elect to either:
a. Pav the civil fine in the manner indicated on the Notice of Violation: or
b. Request an administrative hearing 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.
(!) The procedures for appeal bv administrative hearinq of the Notice of Violation
shall be as set forth in sections 30-72 and 30-73.
(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 accordinqlv.
(!) 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 iudsment bv the sheriffs of this state. includinq lew aqainst the
violator's real or personal propertv, but shall not be deemed to be a court
iudoment except for enforcement purposes. After two months from the
recordinq of anv such lien that remains unpaid, the Citv mav foreclose or
otheruvise execute upon the lien.
(Q Anv partv aoorieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
354
(Q The Special Master shall be prohibited from hearins the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearino, if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(l) The Special Master shall not have discretion to alter the penalties prescribed
in Section 18-914.
(s) Enhanced penalties. The followino enhanced penalties must be imposed, in addition
to anv mandatorv fines set forth in Sections '18-914 above, for violations of Section
18-913:
(]) Enhanced Penalties for this Section:
(g) lf the offense is a fuu4h second offense within the precedinq 4*-menth 3
vear period of time. in addition to the fine set forth in Section 18-914(a),
the propertv owner, companv or business entitv must be prohibited from
operatinq the nude dance establishment for a three (3) month period of
time.
(b) lf the offense is a fifth third offense-+*ithin six (6) ment
fleufrh-effense, in addition to anv fine set forth in Section 18-914(a), the
prepertv ewnerr 6em
he propertv owner,
companv or business entitv must be deemed a habitual offender,, and
@} Tthe Citv Manaqer mav-€usBen+-€r revoke the business tax
receipt or the certificate of use issued to such person, companv or
business entitv that have been deemed habitual otfenders pursuant to
this section for a period-ef not to exceed one vear#
time aeceptable to .
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
repealed.
SEGTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
355
SECTION 4. CODIFIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," article," or other appropriate word.
SECTION 5. EFFEGTIVE DATE.
Thisordinanceshalltakeeffectonthe-dayof-,2015.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Mayor Philip Levine
Rafael E. Granado, City Glerk
Underscore denotes new language
Red Double Undersc denotes new language between first and second reading
@denotesstrickenlanguagebetweenfirstandsecondreading
(Sponsored by Commissioner Ed Tobin)
FORM & I.ANGUAGE
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Date
356
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358
Condensed Title:
COMMISSION IIEM SUMMARY
SECOND READING AND PUBLIC HEARING
An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled "Public Property", By
Amending Article lv, Entitled "Uses ln Public Rights-Of-Way", By Amending Division 5 Thereof, Entitled "Sidewalk
Cafes", By Amending Section 82-387, Entitled "Prohibited "No Table'Zones" By Correcting Scrivener's Errors in
Subsection (A) And Adding A New Subsection (B) Prohibiting Sidewalk Cafe Operations/Permittees Within The City's
Right-OtWay On Euclid Avenue Between Lincoln Road And Lincoln Lane South; Providing For Repealer,
Severability, Codification, And An Effective Date.
Build and Maintain Priority lnfrastructure with Full Accountability.
upporting Data (Surveys, Environmental Scan, etc.): Based on the 2014 community survey36% of residents were willing to
reduce on-street parking for wider sidewalks.
Item Summary/Recommendation :
On July 23,2014, the City Commission adopted Resolution No.2014-28673 approving and authorizing the City, after
a duly noticed public hearing, to enter into a Development Agreement with Jameck Development, lnc. (Jameck or
Developer) for the design, development, and construction of certain streetscape improvement in the City's right of way,
at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South. The City is the owner of land located
on Euclid Avenue, between Lincoln Road and Lincoln Lane South and Lincoln Center Associates, LLC, a Florida
limited liability company (Lincoln Center) is an affiliate of Developer and is the owner of certain land adjacent to the
Project Site, on which a parking lot is located (the Lincoln Center Parking Lot.
ln accordance with the requirements of the Florida Local Government Development Act, Section 163.3220, et. seq.,
Florida Statutes, the Notice of lntent to Consider the Development Agreement was advertised and noticed to be
considered at the next two ensuing City Commission meetings, with the First Reading on June 11,2014 and the
Second Reading on July 23,2014. On June 11,2014, the Mayor and City Commission approved the Development
Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street and to Lincoln Lane South;
and2. The prohibition of sidewalk caf6 tables and chairs ("No Table Zone"), as well as other sidewalk caf6 equipment
or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions required by the City
Commission at its June 11,2014 meeting and the City Commission, on second reading and public hearing, approved
the Development Agreement at the July 23, 2014 meeting. Following City Commission direction, the attached
proposed Sidewalk Caf6 Ordinance amendment prohibiting sidewalk caf6s at the Project Site was drafted and is
presented for consideration. The item was approved on first reading at the December 17, 2014 City Commission
meeting, with the exception of a minor amendment since the first reading, indicated in the Ordinance by a double
strikethrough.
The Administration recommends approval of the Ordinance on second reading and public hearing.
This item is Commissioner Michael Grieco
Financial !nformation :
Source of Funds:
OBPI
Amount Account
1
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 measureable impact on the Citv's budqet.
E MIAMIBEACH 359
19t5.2015
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSJON MEMORANDUM
Mayor Philip Levine and Members the City tsston
FRoM: Jimmy L. Morales, City Manager i
DATE: January 14,2015
SUBJECT: AN ORDINANCE OF THE MA
OF MIAMI BEACH, FLORIDA,
D READING AND PUBLIC HEARING
AND CITY COMMISSION OF THE CITY
NDING CHAPTER 82 OF THE CODE OF
THE CITY OF MIAM! BEAGH, ENTITLED "PUBLIC PROPERTY", BY
AMENDING ARTICLE !V, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY",
BY AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES",
BY AMENDING SUBDIVISION !I THEREOF, ENTITLED "PERMIT", BY
AMENDING SECTION 82.387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS lN
SUBSEGTTON (A) AND ADDTNG A NEW SUBSECTTON (B) PROHTBTTING
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CIry'S
RIGHT.OF.WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND
LINCOLN LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILIry,
CODIFICATION, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on second reading and public hearing.
FINANClAL IMPACT
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 measureable impact on the City's budget.
BACKGROUND
On July 23,2014, the City Commission adopted Resolution No. 2014-28673 approving
and authorizing the City, after a duly noticed public hearing, to enter into a Development
Agreement with Jameck Development, lnc. (Jameck or Developer) for the design,
development, and construction of certain streetscape improvement in the City's right of
way, at the portion of Euclid Avenue between Lincoln Road and Lincoln Lane South.
The City is the owner of land located on Euclid Avenue, between Lincoln Road and
Lincoln Lane South and Lincoln Center Associates, LLC, a Florida limited liability
company (Lincoln Center) is an affiliate of Developer and is the owner of certain land
adjacent to the Project Site, on which a parking lot is located (the Lincoln Center Parking
Lot.
On May 13, 2013, the Finance and Citywide Projects Committee of the City
recommended the approval of the Developer's conceptual plan for the closure of a
portion of Euclid Avenue, between Lincoln Road and Lincoln Lane South, to vehicular
360
City Commission Meeting
Second Reading Public Heaing
Euclid Ave Side Walk Caf6 "No Table" Zone
January 14,2015
Page 2 of 2
traffic, as part of the extension of the Lincoln Road pedestrian mall; the removal of the
disconnect vault and its relocation to Lincoln Center Parking Lot; and the construction of
streetscape improvements in the City's right-of-way located in the Project Site (the
Conceptual Plan); and further requested a Letter to Commission, in connection with the
item's consideration at the June 5, 2013 City Commission meeting. On June 5,2013,
the Mayor and City Commission adopted Resolution No. 2013-28236, approving the
Conceptual Plan and authorized the City Manager to enter into negotiations with
Developer to design and build the Project.
On October 8,2013, the City's Historic Preservation Board (HPB), pursuant to an order
under HPB File No. 7385, issued a Certificate of Appropriateness granting approval of
streetscape improvements in the City's right of way including, but not limited to, the
removal of the disconnect vault and landscape; the installation of new hardscape,
landscape and street lighting; and the closure of a portion of Euclid Avenue to vehicular
traffic, as part of an extension of the pedestrian mall. Subsequently, the City and
Developer negotiated a Development Agreement for the proposed Project, having an
estimated cost of $618,000, of which $485,821 shall be funded by the City, from
available City Center Redevelopment Area funds, with the balance of the Project costs
to be funded by Developer.
ln accordance with the requirements of the Florida Local Government Development Act,
Section 163.3220, et. seq., Florida Statutes, the Notice of lntent to Consider the
Development Agreement was advertised and noticed to be considered at the next two
ensuing City Commission meetings, with the First Reading on June 1 1, 2014 and the
Second Reading on July 23,2014. On June 11,2014, the Mayorand City Commission
approved the Development Agreement, subject to the following conditions:
1. The requirement that the existing commercial loading zone be moved off-street
and to Lincoln Lane South; and
2. The prohibition of sidewalk caf6 tables and chairs ("No Table Zone"), as well as
other sidewalk caf6 equipment or furnishings, at the Project Site; and
The Administration modified the Development Agreement to incorporate the conditions
required by the City Commission at its June 11, 2014 meeting and the City Commission,
on second reading and public hearing, approved the Development Agreement at the July
23,2014 meeting.
Following City Commission direction, the attached proposed Sidewalk Caf6 Ordinance
amendment prohibiting personalty or equipment relating to the operation of a restaurant,
including without limitation, sidewalk caf6s, back-of-house operation, or any other similar
items at the Project Site was drafted and is presented for consideration. The attached
Ordinance was approved by the City Commission on first reading at the December 17,
2014 meeting, with the exception of the removal of the language indicated by a double
strikethrough, which was removed since the first reading.
GONGLUSION
The Administration recommends approval of the Ordinance on second reading and
public hearing.
JLM/KGB/MAS
T:\AGENDA\2015Uanuary\TCED\Sidewalk Cafe Ordinance (Second Reading) Memo.doc
361
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE GODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERW", BY AMENDING
ARTICLE IV, ENTITLED "USES !N PUBLIG RIGHTS-OF.WAY'" BY
AMENDING DIVISION 5 THEREOF, ENTITLED "SIDEWALK CAFES", BY
AMENDING SUBDIVISION II THEREOF, ENTITLED "PERMIT", BY
AMENDING SEGTION 82.387 THEREOF, ENTITLED "PROHIBITED "NO
TABLE" ZONES", BY CORRECTING SCRIVENER'S ERRORS IN
SUBSECTTON (A) AND ADDTNG A NEW SUBSECTTON (B) PROHTBTTTNG
SIDEWALK CAFE OPERATIONS/PERMITTEES WITHIN THE CITY'S RIGHT.
OF.WAY ON EUCLID AVENUE BETWEEN LINCOLN ROAD AND LINCOLN
LANE SOUTH; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subdivision ll of Division 5 of Article lV of Chapter 82 of the Code of the City
of Miami Beach, Florida, is hereby amended as follows:
CHAPTER 82
PUBLIG PROPERTY
ARTICLE lV. Uses in Public Rights-of-Way
DIVISION 5. Sidewalk Gafes
SUBDIVISION !1. Permit
Sec. 82-387. Prohibited "no table" zones.
(a) There shall be no sidewalk cafes permitted and/or placed within a section of the 1100
block of Lincoln Road Mall, between Lenox Avenue and Alton Road; said section as more
specifically defined by the following description:
362
Land Description:
A portion of Lincoln Road lying between Alton Road and Lenox Avenue, as shown on
"Commercial Subdivision," according to the plat thereof, as recorded in Plat Book 6, at plage 5
of the pEublic rBecords of MiamifDade County, Florida, being more particularly described as
follows:
Commence at the southwest corner of Lot 6, Block 39 of said "Commercial Subdivision;" thence
south 89'08"55" west along the south line of Block 39 of said "Commercial Subdivision," a
distance of 11.20 feet; thence south 00'51'05" east, a distance of 25.00 feet to the point of
beginning; thence continue south 00'51"05" east, a distance of 50.00 feet; thence south
89'08"55" west along a line 25.00 feet north and parallel with the south right-of-way line of said
Lincoln Road, a distance of 190.08 feet; thence north 00'51'051west, a distance of 50.00 feet;
thence north 89'08'55" east along a line 25.00 feet south and parallel with the north right-of-way
line of said Lincoln Road, a distance of 190.08 feet to the point of beginning.
Said land situate, lying and being in the City of Miami Beach, MiamifDade County, Florida;
containing 9,504 square feet, more or less.
(b) There shall be no oersonaltv or equipment relatino to the operation of a
restaurant. includinq. without limitation. sidewalk caf6s. sidewalk caf6 furniture. qarbaqe
receptacles, storaqe containers, back-of-house operation, equipment or supplies, or anv other
similar item permitted and/or placed within a# the improved section of Euclid Avenue,
between Lincoln Road and Lincoln Lane South. which section is more particularlv described. as
follows:
Land Description:
A portion of Euclid Avenue Rioht-of-Wav as shown on the plat of "SECOND
COMMERICAL SUBDIVISION OF THE ALTON BEACH REALTY COMPANY'.
accordinq to the plat thereof, as recorded in Plat Book 6, at Paqe 33. and the plat
of "LINCOLN SUBDIVISION". accordinq to the plat thereof. as recorded in Plat
Book 9. at Paoe 69, both recorded in the Public Records of Miami-Dade Countv,
Florida: bounded on the North bv the extension of the South Rioht of Wav Line of
Lincoln Road. bounded on the South bv the extension of the North Riqht-of-Wav
Line of Lincoln Lane South: bounded on the East bv the East Rioht-of-Wav line of
Euclid Avenue and bounded on the West bv the West Riqht-of-Wav Line of
Euclid Avenue. less the Northerlv 30 feet.
Said land situate. lvinq and beino in the Citv of Miami Beach. Miami-Dade Countv, Florida:
containinq 8.400 square feet, more or less.
SECT!ON 2. REPEALER
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
363
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.coDlFlcATloN.
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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect the _ day of ,2015.
PASSED and ADOPTED this _ day of _,2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+ike+nreush de notes deleti ons
W denotes deletions since the First Reading
T:\AGENDA\2015\January\TCED\Sidewalk Cafe Ordinance (Second Reading) Ord.doc
APPROVED AS TO
FORM & LANGUAGE
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COMMISSION IIEM SUMMARY
Condensed Title:
AnordinanceoftheMayorandCityCommissionoftheCityofMiamieeacn,rtorioi
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 70-70, 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 To lnclude Persons And
Business Entities Providing Rentals, Leases, And/Or Tours of Other Motorized Means Of Transportation, And Correcting
Scrivener's Errors Therein; And Providing For Repealer, Severability, Codification, And An Effective Date.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 Miami Beach Community
Satisfaction Survey Final Report, about 4 out of 10 residents (39%) claimed they would ride bicycles; this is considerably lower
than the Dercentaoe in 2012
At its October 24,2012 m passed and adopted Ordinance 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, 7b-
67, 70-68, 70-69, 70-70, and Section 70-7'1. 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 St. Pre-existing City
Code provisions prohibited motorized means of transportation, except for wheelchairs or other motorized devices ranen useO 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 ot the City
Code prohibits wheeled conveyances on the wooden elevated Boardwalk, between 24th and 45th Streets, except when required
by disabled persons, strollers, or as required by fire, police, ocean rescue, or other city employees and agents as may be
authorized by the City Manager. Pursuant to Ordinance No. 2014-3862 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 'l5th and
23'o Streets and between 64'n and 79'n Streets, B) The Beachwalk south of sth St., C) Lummus Park Promenade between Sth and
15s Streets; D) The sidewalks on the east side Of Ocean Drive between South Pointe Drive and 15th Street; E) The South
Pointe Park Cutwalk adjacent and parallel to Government Cut; F) The Marina Baywalk 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, 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/or tours. At the July 23,
2014 City Commission meeting, the Commission referred the matter of 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, an Ordinance was presented to the City Commission on October 22,2014 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 , 20'14, 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 were
removed at the request of the Ordinance sponsor, Commissioner Jonah Wolfson. The removal of these items were not included
in the NCAC agenda of October 31, 2014 and were not discussed at the committee meeting but were included in the red-line
handout at that NCAC meeting.
At the Novembet 19, 2014 City Commission meeting, Ordinance No. 2014-3908 was adopted, as amended on the floor, to
include roller skating and inline skating as prohibited activities on Lincoln Road. At the same Commission meeting, the
Commission requested the Administration to bring back a proposed new Ordinance to the December 17,2014 Commission
meeting. The new Ordinance would address amendments to Section 70-70 to provide responsibilities for businesses and
persons that rent or lease other types of motorized means of transportation, such as motorized skateboards. Currently, the
regulations in Section 70-70 only apply to businesses or persons that rent or lease electric personal assistive mobility devices.
ln the interest of public safety and following up on the request from the Commission at the November 19,2014 meeting, the
Administration is recommending the additional safety regulations and housekeeping amendments in the proposed Ordinance.
This Ordinance is sponsored by Commissioner Jonah Wolfson. This Ordinance was adopted on First Reading on December 17,
2014.
This item was presented to the discussion on October 31. 2014. The approved the proposed ordinance with
recommendations for additional amendments.
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary: None.
Clerk's Office Trackin
Jose R. Gonzalez, P.E. X6768
Deoartment Director Assistant Gitv Manaqer Citv M naqer
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City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
January 14,2015
AN ORDINANCE OF THE MA 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 II, ENTITLED "PUBLIC
PLACES,'' BY AMENDING DIVISION 2, ENTITLED "BICYCLING,
SKATEBOARDING, ROLLER SKAT!NG, IN.LINE SKATING, AND
MOTORIZED MEANS OF TRANSPORTATION," BY AMENDING
SECTION 70.70, ENTITLED "RESPONSIBLITIES OF PERSONS AND
BUSINESS ENTITIES PROVIDING RENTALS, LEASES AND/OR
TOURS OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES,"
BY AMENDING THE RESPONSIBILITIES SET FORTH THEREIN TO
INCLUDE PERSONS AND BUSINESS ENTITITIES PROV!DING
RENTALS, LEASES, AND/OR TOURS OF OTHER MOTORIZED MEANS
OF TRANSPORTATION, AND CORRECTING SCRIVENER'S ERRORS
THEREIN; AND PROVID!NG FOR REPEALER, SEVERAB!L!TY,
CODIFICATION, AND AN EFFEGTIVE DATE.
This Ordinance is sponsored by Commissioner Jonah Wolfson.
ADMINISTRATION RECOMM ENDATION
This Ordinance was adopted on First Reading on December 17, 2014. 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.
BACKGROUND
ln 2007, 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.
TO:
FROM:
DATE:
SUBJECT:
NG/PUBLIC HEARING
368
Commission Memorandum - New Motorized Means of Transportation Ordinance
January 14,2015
Page 2 of 5
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 other motorized
means of transportation, as defined in the City Code, such as motorized skateboards, also pose
a safety threat to pedestrians and others who utilize the City's sidewalks and pedestrian ways.
HISTORY REGARDING REGULATIONS
Ordinance No. 2012-3750 and Resolution No. 2012-28041
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
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 15th Street. 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.
Resolution No. 2012-28041 set forth Administrative Rules to address EPAMDs. The
Administrative 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/or tours 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 City Code prohibits wheeled conveyances on the wooden elevated
Boardwalk, between 24th and 45th Streets, except when required by disabled persons, strollers,
or as required by fire, police, ocean rescue, or other city employees and agents as may be
authorized by the City Manager.
Ordinance No. 2014-3862
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 15th and 23'd Streetso Beachwalk between 64th and 79th Streets. Beachwalk south of Sth Street. Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway)
between Sth and 15th Streetso Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Street. South Pointe Park cutwalk adjacent and parallel to Government Cutr Marina Bayualk adjacent and parallel to Biscayne Bay and South of Sth Street
369
Commission Memorandum - New Motorized Means of Transportation Ordinance
January 14,2015
Page 3 of 5
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.
Ordinance No. 201 4-3881
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 316.1995 of
the Florida Statutes.
Ordinance No. 2014-3883
To address additional safety concerns and accidents already experienced in the City, Ordinance
No.2014-3883 was adopted on July 23,2014 to furtheramend the provisions in ChapterT0 by
incorporating the Administrative Rules into the City Code (Resolution No. 2012-28041 was,
thus, subsequently repealed by Resolution No. 2014-28854) and adding stricter penalties for
insurance violations for business entities providing rentals, leases, and/or tours 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. In 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.
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 review the residents' suggestions and bring a revised Ordinance back to
NCAC in October.
Ordinance No. 2014-3908
Pursuant to the above directions, Ordinance No. 2014-3908 was presented to the City
Commission on October 22,2014 and the NCAC on October 31,2014. The amendments
incorporated many of the resident and City staff recommendations.
The Ordinance presented on 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 definition of "high impact periods" in Sec. 70-66 because these periods,
currently defined and cross-referenced in Sec. a6-92(gx1)(b), are being deleted from
370
Commission Memorandum - New Motorized Means of Transportation Ordinance
January 14,2015
Page 4 of 5
Sec. 46-92(gX1Xb) in another unrelated ordinance concerning commercial handbills. A
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.. 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.. Making the responsibilities applicable to EPAMDs users in Sec. 70-69 also applicable to
users of other motorized means of transportation.. 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.
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, 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(e)( )).. 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, were removed at the
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 by
the Committee, but were included in the red-lined handout at the NCAC meeting:
. 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(c)(5)).. Eliminating the verbal notification of insurance coverage cancellation (see Sec. 70-
70(b)).
ln addition, a scrivener's error in Sec. 70-70 (aX3) was corrected after First Reading.
PROPOSED ORDINANCE
At the November 19, 2014 City Commission meeting, Ordinance No. 2014-3908 was adopted,
as amended on the floor, to include roller skating and in-line skating as prohibited activities on
Lincoln Road. At the same Commission meeting, the Commission requested the Administration
to bring back a proposed new Ordinance to the December 17, 2014 Commission meeting. The
new Ordinance would address amendments to Section 70-70 to provide responsibilities for
businesses and persons that rent or lease other types of motorized means of transportation,
371
Commission Memorandum - New Motorized Means of Transportation Ordinance
January 14,2015
Page 5 of 5
such as motorized skateboards. Currently, the regulations in Section 70-70 only apply to
businesses or persons that rent or lease electric personal assistive mobility devices (Segways).
Motorized skateboards, and other such devices, pose a safety risk to pedestrians and traffic,
thus, such devices also require regulations with regard to their rental or lease.
The new Ordinance represents the response from the Administration to the Commission's
request. This Ordinance was adopted on First Reading at the December 17, 2014 City
Commission meeting.
RECOMMENDATION
ln the interest of public safety, the Administration is recommending the additional regulations
and housekeeping amendments set forth in the proposed Ordinance.
Attachment: Map of Prohibited Areas
gr
KGB/JRG/XRF
372
Attachment
Collins Park
South Pointe Park
Path: M:\$CMB\GlS\Projects\14_SegwayProhibitedAreas\ArcMap\Segway (revised).mxd373
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 70 OF THE CODE
OF THE CITY OF MIAMI BEACH, ENTITLED "MISCELLANEOUS
OFFENSES," BY AMENDING ARTICLE II, ENTITLED "PUBLIC PLACES,"
BY AMENDING DIVISION 2, ENTITLED "BICYCLING, SKATEBOARDING,
ROLLER SKATING, IN.LINE SKATING, AND MOTORIZED MEANS OF
TRANSPORTATION," BY AMENDING SEGTION 70-70, ENTITLED..RESPONSIBILITIES OF PERSONS AND BUSINESS ENTITIES
PROVIDING RENTALS, LEASES, AND/OR TOURS OF ELECTRIG
PERSONAL ASSISTIVE MOBILITY DEVICES,'' BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE PERSONS
AND BUSINESS ENTITIES PROVIDING RENTALS, LEASES, AND/OR
TOURS OF OTHER MOTORIZED MEANS OF TRANSPORTATION, AND
CORRECTING SCRIVENER'S ERRORS THEREIN; AND 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 316.008 of the Florida Statutes authorizes local governments to,
among other things, regulate traffic by means of police officers, restrict the use of streets,
prohibit or regulate the use of heavily traveled streets by any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic, and regulate persons upon skates,
coasters, and other toy vehicles; and
WHEREAS, due to the safety concerns and injuries already experienced on sidewalks
and bike paths in the City, the Mayor and City Commission have 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 Ordinance Nos. 2012-3780,2014-3862,2014-3881 and 2014-3908;
and
WHEREAS, Chapter 70 of the City Code provides, among other things, for
responsibilities of persons and business entities that rent, lease, and/or provide tours of electric
personal assistive mobility devices so that such activities are conducted in the interest of public
safety; and
WHEREAS, the Mayor and City Commission have determined that additional regulations
for persons and business entities that provide rentals, leases, and/or tours of other types of
374
motorized means of transportation, as defined in Chapter 70 of the City Code, are necessary in
the interest of safety.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE CODE
OF THE CITY OF MIAMI BEACH !S AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 70
MISCELLANEOUS OFFENSES
ARTICLE ll. Public Places
DIVISION 2. Bicycling, Skateboarding, Ro!ler Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-70. Responsibilities of persons and business entities providing rentals, leases,
and/or tours of motorized means of transportation
devices.
Except in those instances in which anv of the followinq requirements and prohibitions are
expresslv limited to electric personal assistive mobilitv devices and/or other specified devices,
Aany person or business entity that rents, leases, and/or provides tours for ele€tri€-persenal
asse+ve-meg+t+V motorized means of transportation 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 City is furnished with
documentary evidence that said person or business entity is currently in
compliance with:
(1) the insurance requirements in Sec. 70-70(b);
(2) the speed certification requirements of Sec. 70-70(c); and
(3) the document requirements in Sec. 70-70;
(b) 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 motorized
means of transportation devices, however caused, and shall not have a clause
excluding losses resulting therefrom. A certificate of insurance shall be
furnished to the City which evidences that said coverage is currently in effect.
Not later than ten business days before the expiration of the coverage period
375
reflected in each Certificate of lnsurance, the person or business entity shall
furnish to the City a renewal Certificate of lnsurance, evidencing said coverage
for a renewal period of not less than one year. lf, at any time, the person or
business entity receives written notification of the cancellation of such coverage,
said person or business entity shall immediately advise the City in writing of such
notification and cease the lease. rental, and/or use of the motorized means of
transportation devices;
(c)Provideanannualcertificatefromanauthorized@+ve
meOit+V-+eviee dealer, of the applicable motorized means of transportation
device. dated and executed by the dealer's authorized representative verifying
that on a date not more than thirty (30) days before the date of the certificate, the
dealer inspected each device made available for rent, lease, or tour and that the
device has been set to a maximum speed of eight mph;
(d) Obtain a combined release of liability, hold harmless agreement, and an
acknowledgement of receipt of the summary of Sections 70-66 through 70-71 of
the City Code, the map of prohibited areas, the training provided, and the offer of
a helmet as required by Sec. 70-70(gD(fl and Sec. 70-70(h{g), all as acceptable
to the city attorney, signed by all renters of
motorized means of transportation devices. The combined signed documents
shall be made available for inspection by the city at any time during business
hours. lf the renter is under the age of 18, his or her parent or legal guardian
must sign the combined release, and hold harmless agreement, and
acknowledgements;
(e) Lease, rent, or use electric personal assistive mobility devices;
(1) only for tours;
(2) tours shall only be conducted between sunrise and sunset and not during
inclement weather;
(3) tours shall be limited to eight (8) tour customers and one (1) employee
tour leader; and
(4) the tour leader a) must accompany each tour and shall be experienced in
the safe use and operation of electric personal assistive mobility devices
and b) shall wear a shirt with the name of the person or business entity
that is conducting the tour, which name shall be in lettering at least 4" in
height on the front and back of the shirt.
CI (gt) Lease, rent or provide tours on electric personal assistive mobility devices only to
persons that weigh 100 or more pounds and all persons under the age of 16 on a
tour must wear a bicycle helmet in accordance with F.S. S316.2068, as may be
amended;
(g[h) Provide training as to the safe operation of
motorized means of transportation 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 device;
376
(h) (+) Provide each renter of a motorized means of
transportation devices with a City approved summary of Sections 70-66 through
70-71 of the City Code and the City's map of prohibited areas of operation;
(ixj) Display 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 motorized means of
transportation devices are leased or rented,;
0) Not lease, rent or provide tours on motorized
means of transportation devices that:
(1) are, or are suspected to be, unsafe for use;
(2) not set to a maximum speed of 8 mph; and/or
(3) have a trailer or any other passengers, or towed objects or persons;
(k) fl) Not lease, rent or provide tours to persons who:
(1) are believed to be intoxicated or under the influence of any
drug or substance that impairs the operator's ability to
operate the motorized
means of transoortation device;
(2) act with reckless disregard or indifference to the safety of
othersr; and/or
(3) are incompetentto operate@ive
m€bffi a motorized means of transportation device;
(l) (m) Promptly report any accidents involving leased or rented e+e€tn€-pe+sena{
assistive-meO+t+y motorized means of transportation devices to the Miami Beach
Police Department and Miami Beach Fire Rescue;
(m) (n) Securely affix the name 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; and
(n) (e) Comply with all administrative rules that may be established by the city regardingrentals,leaSeS,tourS,andthesafeoperationof@ive
meb+l+ty motorized means of transportation devices.
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
4
377
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. GODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made 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 on the day of 2015.
PASSED AND ADOPTED this
ATTEST:
day of ,2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+ri*e+nreughs d e notes de letio n s
(Sponsored by Commissioner Jonah Wolfson)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUIION
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F:\ATTO\TURN\ORDINANC\Segway - Motorized Means Regulations V. Rental Businesses.docx
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380
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading of an Ordinance modifying parking requirements for certain uses in the CCC (Civic
and Convention Center) District and increase the heiqht limit for hotels in the CCC District.
AGENDA ITEii RSD
lncrease satisfaction with neighborhood character. Increase satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
Item Summary/Recommendation :
SECOND READING - PUBLIG HEARING
The proposed Ordinance amendments would modify parking requirements for convention halls and
convention hotels in the CCC District and increase the height limits for hotels in the CCC District to
300 feet.
On December 18,2014, the City Commission approved the subject Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
On November 18, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 5 to 2 (Planning Board File No. 2224).
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.
Clerk's Office
Thomas Mooney
T:\AGENDA\201S\January\CCC District Parking and Height Regulations - SUM
MIAMIBEACH DArE l-l(-l s381
MIAMIBEACH
City of miomi Beoch, I 700 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members the C Commission
Jimmy L. Morales, City Manager
SECOND READING - PUBLIC HEARING
Regulations
January 14,2015
CCG District Parking and
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 130, "OFF.
STREET PARKING," ARTICLE ll, "DISTRICTS; REQUIREMENTS,"
SECTION 130.32, "OFF-STREET PARKING REQUIREMENTS FOR
PARKING DISTRICT NO. 1,'' TO ESTABLISH PARKING REQUIREMENTS
FOR THE "CCC CONVENTION CENTER DISTRIGT;" AND BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE 2,
"DtsTRtGT REGULATIONS," DIVISION 7, "CCC CIVIC AND CONVENTION
CENTER DISTRICT," SECTION 142.365, "DEVELOPMENT REGULATIONS
AND AREA REQUIREMENTS," TO MODIFY AND INCREASE
REGULATIONS FOR HEIGHT AND NUMBER OF STORIES FOR HOTELS
WITHIN THE CCC DISTRIGT; PROVIDING FOR REPEALER;
GODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On October 22, 2014, the City Commission referred a discussion item to the Land Use
and Development Committee and the Planning Board (ltem R9D) to review building
parking requirements and height restrictions for the CCC District.
On November 5, 2014, the Land Use and Development Committee referred the item to
the Planning Board with a recommendation that hotels within the CCC District be given
flexibility to build up to 300 feet and with a parking requirement of 0.4 spaces per unit.
The sponsor of the Ordinance is Commissioner Michael Grieco.
382
Commission Memorandum
Ordinance Amendment - CCC Distict Parking and Height Regulations
January 14,2015 Page 2 of 5
ANALYSIS
Heiqht Reoulations
Under Section 142-365 of the Land Development Regulations, the maximum permitted
building height within the Civic and Convention Center (CCC) District is 1 1 stories / 100'.
While this limitation is suitable for convention center structures, as well as parking
structures, it does present some very significant limitations for larger hotel structures.
The proposed revisions to Section 142-365 of the Code would increase the allowable
height for Convention Center Hotels to 30 stories / 300'. lncluded in this report is a
massing study of a potential 300' hotel.
It is believed that the proposed modifications to the height limits of the CCC District for
hotels will give a potential developer, as well as the City's development review boards,
much needed design and planning flexibility to optimize the best possible location for a
hotel. Additionally, the increased heights will ensure that the scale, massing and overall
design of any potential hotel is distributed appropriately over what is likely to be a
smaller footprint, thus increasing the amount of open space on the site.
Parkino Reoulations
Under Section 130-32 of the Land Development Regulations, the required parking for
Convention Hotels ranges from 1 space per room for hotels under 250 rooms, 0.75
spaces per room for hotels between 250 and 499 rooms, and 0.5 spaces per room for
hotels over 500 rooms. ln addition there are parking requirements for accessory uses,
which may be reduced for each room that a hotel contains.
It is typical for many guests of convention hotels to arrive at the facilities using shuttle
buses, taxi cabs, or public transportation. Since the facility would be located very close
to several of Miami Beach's main attractions, it is unlikely that guests of a Convention
Center Hotel will need an automobile upon arrival. Since accessory uses are typically
utilized by guests of the hotel they typically do not generate the same parking demand
as if they were a standalone use. As a result of this information, it is believed that the
site can support a reduction to the parking requirement.
Attached to this report is an analysis of convention center hotels throughout the Country.
These hotels, inclusive of accessory uses, contain an average of 0.4 parking spaces per
unit. lt is suggested that this factor be adopted for convention hotels within the CCC
District in Miami Beach.
Additionally, under Section 130-32 of the Land Development Regulations, the required
parking for "auditorium, ballroom, convention hall, gymnasium, meeting rooms or other
similar places of assembly" is 1 space per 4 seats or 1 space per 60 square feet of floor
area available for seats. The refurbished convention center is proposed to contain
approximately 700,000 square feet. This current parking requirement would result in a
parking requirement of 11,666 parking spaces if considered a brand new use.
Guests of the renovated convention center are expected to arrive by shuttles, cabs, foot,
and public transit. Additionally, if a hotel is built within the CCC district, many more will
arrive on foot. The CCC District also contains several nearby public parking garages. As
a result, it is suggested that I parking space for every 1,000 square feet of usable space
be required. This would result in a requirement of approximately 700 parking spaces,
were the convention center considered a new use.
383
Commission Memorandum
Ordinance Amendment - CCC Distict Parking and Height Regulations
January 14. 2015 Page 3 ot 5
PLANNING BOARD REVIEW
On November 18, 2014, the Planning Board (by a vote of 5-2) transmitted the proposal
to the City Commission with a favorable recommendation.
FISGAL IMPAGT
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 December 18, 2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201SUanuary\CCC District Parking and Height Regulations - MEM 2nd Read.docx
384
Commission Memorandum
Ordinance Amendment - CCC Distict Parking and Height Regulations
January 14,2015 Page 4 of 5
Massing Study:
300' Convention Hotel with 0.4 parking spaces per unit
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Commission Memorandum
Ordinance Amendment - CCC Distict Parking and Height Regulations
January 14,2015 Page 5 of 5
Convention Center Hotel Parking Analysis
Psking Spaces
Ballroom
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fi Rooms Spac€
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iltrino
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Omni l{aslrrrille 800 55,185
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963 77,563
726 74,103
805 434fi
790 43,089
8!r1 6,93
57,1*
26,889
w7
757 58,874
q,652
lfr 118,991
SF Per Arcessto
Room Micrted Shaed
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386
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 130, "OFF.
STREET PARKING," ARTICLE ll, "DISTRIGTS; REQUIREMENTS," SECTION
130.32, "OFF.STREET PARKING REQUIREMENTS FOR PARKING DISTRICT
NO. 1," TO ESTABLISH PARKING REQUIREMENTS FOR THE "CCC
CONVENTION CENTER DISTRICT;" AND BY AMENDING CHAPTER 142,
"zoNlNG DISTRIGTS AND REGULATIONS," ARTICLE 2, "D|STRICT
REGULATIONS," DIVISION 7, ..CCC CIVIC AND CONVENTION CENTER
DISTRICT," SECTION 142.365, "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS," TO MODIFY AND INCREASE REGULATIONS FOR
HEIGHT AND NUMBER OF STORIES FOR HOTELS WITHIN THE CGC
DISTRIGT; PROVIDING FOR REPEALER; CODIFICATION; SEVERABILIry
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continually seeks to update and clearly define the
requirements of the Land Development Regulations as they pertain to zoning districts and
regulations; and
WHEREAS, the City finds that the development of a Convention Center Hotel to be
necessary to ensure that the Convention Center hosts events that will significantly contribute to
the economic development of the City of Miami Beach; and
WHEREAS, additional flexibility for heights and parking requirements would encourage
the development of a high quality Convention Center Hotel to supplement the refurbished
Convention Center; and
WHEREAS, these amendments will allow increased height and reduced parking
requirements in the district, for the development the Convention Center Hotel; and
WHEREAS, the City finds that there will be sufficient centralized parking and alternative
transportation options within the CCC Convention Center District to support a reduction in
parking requirements within the district; 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 GITY OF MIAM! BEAGH, FLORIDA:
SECTION 1. Chapter 130, 'Off-Street Parking," Article ll, "Districts; Requirements," Section 130-
32, "Off-street parking requirements for parking district no. 1," of the Land Development
Regulations of the Miami Beach City Code, is hereby amended as follows:
Sec. 130-32. - Off-street parking requirements for parking district no. 1.
Except as otherwise provided in these land development regulations, when any building or structure is
erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the
building, structure or additional floor area as follows:
387
(25A)CCC civic and convention center district: The followinq parkinq requlations shall apply to structures
situated in the CCC civic and convention center district. The number of off-street parkinq spaces
required for any structure shall be determined by the primary use of the structure in accordance with
the requirements as follows:
!. Auditorium, convention hall or meetinq rooms: 1 space per 1.000 square feet of floor area
available for seats.
ii. Hotel, convention: 0.4 spaces per unit.
iii. When not listed above, the parkinq requirement for primary uses listed in this section shall apply.
The Citv Commission may waive the total amount of required parkino for uses in the CCC District by
up to 20 percent.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article 2, "District Regulations,"
Division 7, "CCC Civic and Convention Center District," Section 142-365, "Development
regulations and area requirements," of the Land Development Regulations of the Miami Beach
City Code, is hereby amended as follows:
Sec. 142-365. - Development regulations and area requirements.
(a) The development regulations in the CCC civic and convention center district are as follows:
(1) Max. FAR: 2.75.
(b) There are no lot area, lot width or unit size requirements for the CCC civic and convention center
district. Building height and story requirements are as follows:
(1) Maximum building heightlqlhotelsj_SpOleCji
for all other uses:is 100 feet.
(2) Maximum number of stories for hotels: 30:
for all other uses:is 11.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 4. CODIFIGATION.
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.
388
SECTION 6. SEVERABILIry.
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
First Reading: December 18,2014
Verified by:
(Sponsor Commissioner Michael Grieco)
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
Tffomas R. Mboney,
T:\AGENDA\2O1SUanuary\CCC District Paking and Height Regulations - ORD 2nd Read.docx
389
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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
Item Summary/Recommendation :
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. On November 19,2014, the item was continued to December 17,2014, at which time itwas
continued to January 14,2015.
The Administration recommends that the City Commission 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and set a Second Reading Public Hearing for February 11,2015.
T:\AGENDAVO1S\January\RM-1 Collins Park STR - SUM First Read.docx
AGENDA ITEM R5E
r-,v-tr
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort put forth bv the City 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. 2204).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the 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.
Glerk's Office
Thomas Mooney
MIAMIBEACH DATE391
MIAMIBEACH
Ciiy of miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Short Term Rentals in the Waterfront Historic District
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE CIry
OF MIAMT BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS", ARTICLE IV,..SUPPLEMENTARY DISTRIGT REGULATIONS", DIVISION 3,,.SUPPLEMENTARY USE REGULATIONS", TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INCLUDE PROPERTIES LOCATED WITHIN THE COLLINS WATERFRONT
LOCAL HISTORIC DISTRIGT; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMMEN DATION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 11,2015.
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
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.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
January 14,2015
the City/Commission
/\/\.)F-
READING - PUBLIC HEARING
392
Commission Memorandum
Ordinance Amendment - Shod Term Rentals in the Collins Waterfront Historic District
January 14,2015 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 142-1111 of the City Code regulates the short-term 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{erm 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.
393
Commission Memorandum
Ordinance Amendment - Shoft Term Rentals in the Collins Waterfront Historic District
January 14,2015 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 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.
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 meeting, 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.
On November 19, 2014 the matter was opened and continued to a date certain of
December 17,2014.
Pursuant to the direction of the City Commission, revised, smaller boundaries are
proposed for the proposed Short Term Rental District. Specifically, this type of use would
only be permitted on properties located south of West 24th Terrace. Additionally, a
limitation has been placed on the mix of rental types within a building proposing short
term rentals. These modifications have been incorporated into the text of the revised
Ordinance.
On December 17,2014, the proposed Ordinance was discussed by the Commission and
additional clarifications were requested. The matter was continued to a date certain of
January 14,2015. The requirement for on-site management has now been clarified, as
well as limitations on any mix of uses within a property incorporating short term rentals.
CONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 11,2015.
JLM/JMJ/TRM/MAB/RAM
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394
Commission Memorandum
Ordinance Amendment - Shoft Term Rentals in the Collins Waterfront Historic District
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SHORT TERM RENTALS IN COLLINS WATERFRONT DISTRIGT
ORDINANCE NO.
AN ORDINANGE 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, ENTITLED "ZONING DISTRICTS AND
REGULATIONS", ARTICLE !V, ENTITLED "SUPPLEMENTARY
DISTRICT REGULATIONS", AT DIVISION 3, ENTITLED..SUPPLEMENTARY USE REGULATIONS", TO MODIFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS
TO INCLUDE PROPERTIES LOCATED WITHIN THE COLLINS
WATERFRONT LOCAL HISTORIG DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City Land Development Code contains provisions for the short
term rental of apartments and townhomes in certain 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 will regulate properties adjacent to a commercial
zoning district which are, by their nature, more intense in use; 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, entitled "Zoning Districts and Regulations", Article lV,
entitled "Supplementary District Regulations", at Division 3, entitled "Supplementary Use
Regulations", of the City Code is hereby amended as follows:
Sec. 142-1111. Short-term rental of apartment units or townhomes.
(a) Limitations and prohibitions.
Unless a specific exemption applies below. tThe 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 (1) day,
(1)
397
in
is not a permitted use in such districts-un+ess
(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 (Q)
months and one (1) day, as provided herein, or use of the residential premises in
violation of this section.
+ "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 (6) months and one (1) 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.
(3) None of the districts identified below shall be utilized as a hotel. The short term
rental use requires at least a seven (7) niqht reservation.
(b) Previously existing short-term rentals in specified districts. For a period of six (Q)
months after 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 shortterm rental of apartment and townhome
residential units for these properties under the requirements and provisions set forth
below. Other neighberheeds may be added te this previsien in the future by aetien ef the
eity-eemmissien=
(tt Bistriets, Prep
(]) Eligibility: Properties within the RM-1 and TH zoning districts in the
Flamingo Park and Espanola Way Historic Districts. C+igibilitFThose 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.
(A)_For apartment buildings of four (4) or more units, or for four (4) or
more apartment units in one (1) or more buildings under the same Citv of Miami
Beach Resort Tax ("resort tax") account. ln order to demonstrate current,
consistent and predominant short-term renting, the property must comply with all
of the following:
(i) Have been registered with the City for the payment of resort
tax and made resort tax payments as of March 10,2010; and
(ii) Have had 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
398
(iii) 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 subsections a. through c.
above.
(B) For apartment and townhouse buildings of three (3) or less units, or
for three (3) or less apartment units in one (l) or more buildings under the same
resort tax state--lieense. ln order to demonstrate current, consistent and
predominant short-term renting, the property must:
(i) 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.
(2) Time periods for the districts identified in subsection (b)(1). to apply for short-
term rental approvals.
(1X& Owners demonstrating compliance with subsection (bxt)$Xi)-er
(ii) above, shall apply for a certificate of use permitting short-term rental as
detailed in subsection 142-11 1 1(0, within a time period of six (6) months from the
June19,2010),orbedeemedineligibletoproceed
through the process specified herein for legalization of short-term rentals.
($(E)Within three (3) months of the effeetive date ef the erdinanee
@une19,2010},eligibleoWnerSshallapplytoobtainall
necessary approvals to comply with the Florida Building Code, Florida Fire
Prevention Code and with all other applicable life safety standards.
(3Xq 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.
(4XD Applications under this erdinanee Section may be accepted until 60
days after April 11, 2O12;€O4ays-expire
June-+f-+012), upon determination to the planning director that a government
licensing error prevented timely filing of the application.
(3) Eliqibilitv within the Collins Waterfront Local Historic District. Owners of
propertv located in the Collins Waterfront Local Historic District shall be eliqible to
applv for approval of a certificate of use permittino short{erm rental of apartment
and townhome residential units under the requirements and provisions set forth
below:
(A) Onlv those properties located south of West 24th Terrace shall be
eliqible for short term rentals.
399
(B) Onlv buildinqs classified as 'Contributinq' in the Citv's Historic
Properties Database shall be elioible 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 Reoulations:
(C) The propertv must have reqistered with the State of Florida as a
transient or condominium pursuant to Chapter 509. Florida Statutes, as of
the effective date of enactino this section.
(D) The propertv must have reoistered with the Citv for the pavment of
resort tax and made resort tax pavments as of as of the etfective date of
this Ordinance.
(E) Short{erm rental use shall be based on a sinqle use for the
propertv. No buildino or propertv seekino to have short-term rentals will
be permitted to have mixed residential uses.
(F) Anv propertv seekinq to have short term rental will need to
demonstrate that there is on-site manaoement.
(4) Time period to applv for short-term rental approvals for those properties
located in the Collins Waterfront Architectural District.
(A) Owners demonstratinq compliance with subsection (bX3). above,
shall applv for a certificate of use permittino shortterm rental as detailed
in subsection 142-1111(e) within a time period of three (3) months from
the effective date of enactino this section. or be deemed inelioible to
proceed throuoh the process specified herein for leqalization of short{erm
rentals.
(B) Within three (3) months of the effective date of the ordinance enactinq
this section, eliqible owners shall have obtained all the necessarv
approvals to complv with the Florida Buildino Code, Florida Fire
Prevention Code and with all other applicable life safetv standards.
(C) 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 enoase in short{erm rental
under this section shall be subiect to restrictions and/or limitations as
directed bv the buildino official and/or fire marshal. This subsection shall
not prevent the Buildinq or Fire Departments from undertakinq
enforcement action prior to such date.
(5) ln the event a buildinq approved for short-term rentals in accordance with
subsections (bX3) and (4). 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
enqaoe in short-term rentals. nor applv for short-term rental approval.
(dxd Regulations. For those properties eligible for short term rental use as per (b) er+d)
above, unless etherwiee expressly previded fer in these land develepment regulatiens,
400
shall be permitted,
provided that the following mandatory requirements are followed:
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in short-term rental, must obtain a certificate of
use permitting short-term rental under this section. The application for approval
to engage in short-term rentals shall be on a form provided for that purpose, and
contain the contact information for the person identified in subsection (3) below,
identify the minimum lease term for which short-term rental approval is being
requested, and such other items of required information as the planning director
may determine. The application shall be accompanied by the letter or documents
described in subsection (9) below, if applicable.
The application for a certificate of use permitting shortterm 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 districts identified in
subsection (b). 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) Ru/es and procedures. The City manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Stgns. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Effect of violations on licensure. Approvals shall be issued for a one-year
period, but shall not be issued or renewed if violations on three or more separate
days at the unit, or at another unit in the building owned by the same owner or
managed by the same person or entity, of this section, issued to the short-term
401
rental licensee were adjudicated either by failure to appeal from a notice of
violation or a special master's determination of a violation, within the 12 months
preceding the date of filing of the applicatibn.
(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
short-term rentals as proposed by the owner's application under subsection (O(1)
above are not prohibited by the association's governing documents, shall be
submitted to the City as part of the application. lf the applicant, after best efforts,
is unable to obtain such a letter from the association, he or she may submit the
latest version of the association's documents to the City Attorney's office for
confirmation of the above.
(10) Variances. No variances may be granted from the requirements of this
section.
(e) (Q) 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. lf the violation is the second violation within the preceding 12 months:
$1,500.00.
ee. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
dD. 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
142-111 1(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.
402
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.
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 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Continued to:
Second Reading:
January 14 2015
February
Verified By:
, AIC
Planning Director
Underline = new language
S+i*et+reugh = deleted language
(Sponsor Commissioner Michael Grieco)
T:\AGENDAVO15Uanuary\RM-'l Collins Park STR - ORD First Read.docx
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CITY OF MIAMI BEACH CITY COMMIS$ION
NOTICE OF PUBLIC HEARING
AN ORDINANCE TO AMEND THE
SUPPLEMENTARY USE REGULATIONS FOR
SHORT.TERM RENTALS TO I NGLUDE
PHOPERTI ES LOCATED WITHIN TH E
GOLLI NS WATERFRONT H ISTO RIC DISTRICT
NOTICE lS HEREBY given that a Erst Reading / Public hearing will be heard by the
Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Charnbers.3rd Floor, City Hall, 1700 Conventjon Center Drive, Miami Beach. Florida.
on Wednesday, January 14,2016 at 10:25 a.m., or as soon thereafler as lhe matter
can be heard. to consider:
SHORTTE RM RENTATS IN COLLIN S WATERFRONT DISTRI CT
An Ordinance Amending The Land Developrnent Eegulations Of The City Code,
By Amending Chapter 142, "Toning Districts And Regulalionsi' Article lV
"Supplementary District Regulationsj' Division 3, "Supplementary Use
Regulations,"To ModifuThe Regulalions And Requirements For ShortTerm Rentals
To lnclude Properties LocatedWithinThe CollinsWaterfront Local Historic Distric!
Providing For Repealer; Severability; Codification;l\nd An Effeetive Dale. lnquiries
may be directed tothe Planning Depertment at 3A5"673.7550.
INTERESTED PARTIES are invited to appear at this rneeting, or be represented by
an agent, or to express their views in wriling addressed to the City Commission,
c/o the City Clerk, 17G0 Convention Center Drive, 1"'Floor, City Hall, Miami Beach,
Florida 33139.This itern is available for public inspection during normal business
hours in the City Clerk's Office, 1700 Convention Center Drive, 1"t Floor, City Hall,
Miami Beach, Florida 33139. This item may be continued, and under such
circumstances, additional legal notice need not be provided.
Pursuant to Section 286.C105, Fla. Stat,, the City hereby advises the public that
if a person decides to appeal any decision made by the City Commission with
respect to any mafier considered at its meeting or its hearing, such person must
ensure that a verbatim record of the proceedings is made. which record includes
the testimony and evidence upon which the appeal is to be based.This notice does
not constitute consent by the City for the introduction or admission of otherwise
inadmissible or irrelevant evidence. nor does it authorize challenges or appeals not
otherwise allowed by law.
To request thi$ material in alternate format, sign language interpreter (five-day
notice required), information on access for persons with disabilities, and/or any
accommodation to review any document or participate in any city-sponsored
proceedings. call 305.604.2489 and select 1 for English or 2 for Spanish, then
option 6;Try users maycallviaTll (Florida Ftelay Service).
Rafael E. Granado. City Clerk
City of Miami Beach
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406
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to modifying and clarifying allowable additions to
non-conforminq buildinqs.
!ntended Outcome
AGENDA rrem RSF
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 by the Citv to requlate development is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would allow for projecting balconies and balconies supported by columns to
extend up to 30 feet from an existing building wall up to the highest habitable floor of the building and
not be considered a ground floor addition. Such construction would be subject to the review and
approval of the design review board or historic preservation board, as applicable.
The Administration recommends that the City Commission 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading
and set a Second Reading Public Hearing for February 11,2015.
On December 15, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2204).
Financial I nformation:
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{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T:\AGENDA\20'1S\January\Non Conforming Bldgs - Balconies - SUM First Read.docx
MIAMIBEACH DATE I-,q-I T407
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Membersfof tne Citil
Jimmy L. Morales, City Manager
January 14,2015
Nonconforming Buildings - Balfonies
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEAGH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 118,,.ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX,
"NONCONFORMANGES," BY AMENDTNG SECTION 118-395, "REPAIR
AND/OR REHABILITATION OF NONGONFORMING BUILDINGS AND
USES," BY MODIFYING AND CLARIFYING ALLOWABLE ADDITIONS TO
NON-CONFORMING BUILDINGS; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; APPLICABILITY; AND AN EFFEGTIVE DATE.
ADM!NISTRATION REGOMMENDATION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 11,2015.
BAGKGROUND
On October 29, 2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion item to the Land Use and Development Committee and the
Planning Board (ltem C4B) to permit the addition of balconies on non-conforming
buildings.
On November 5, 2014, the Land Use and Development Committee referred the item to
the Planning Board with a recommendation that the ordinance only apply to balconies
and balconies with columns on non-conforming buildings.
ANALYSIS
Under current Land Development Regulations, the addition of balconies that project from
a building's fagade and which are supported by columns, are considered a ground floor
addition. Ground floor additions have pre-existing height limits, depending on the zoning
TO:
FROM:
DATE:
SUBJECT:
Commission
FIRST READING
408
Commission Memorandum
Ordinance Amendment - Nonconforming Buildings - Balconies
January 14,2015 Page 2 of 2
district in which they are located. Therefore, balconies that require structural columns
for support cannot be added to existing nonconforming buildings if such buildings
exceed the maximum allowable height in their district.
The proposed Ordinance would allow for projecting balconies and balconies supported
by columns to extend up to 30 feet from an existing building wall up to the highest
habitable floor of the building and not be considered a ground floor addition. Such
construction would be subject to the review and approval of the design review board or
historic preservation board, as applicable.
There is increasing demand for larger balconies as the residents of residential buildings
desire greater ability to enjoy the outdoors and the unique environment of Miami Beach.
Existing regulations, such as required yards, and the design review or historic
preservation process will ensure that the larger balconies do not negatively impact
surrounding properties.
PLANNING BOARD REVIEW
On December 15, 2014, the Planning Board (by a vote of 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.
CONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
February 14,2015.
JLM/JMJ/TRM/MAB/RAM
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409
NON CONFORMING BUILDINGS - BALCONIES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GIry OF MIAMI BEAGH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 1{8,..ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX,
ENTITLED "NONCONFORMANCES," BY AMENDING SECTION 118.
395, ENTITLED "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES," BY MODIFYING AND
CLARIFYING ALLOWABLE ADDITIONS TO NON.CONFORMING
BUILDINGS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 118, of Article lX; at Section 118-395, provides for
regulations relating to nonconforming uses and structures; and
WHEREAS, certain properties may have been constructed without balconies, or
may desire to enlarge existing balconies, and may want to add that amenity to their
property, but would be precluded from doing so under the nonconformance section of
the Code; and
WHEREAS, while not increasing nonconforming structures or uses, a revision to
Section 1 18-395 would make clear that a property may add a balcony or other similar
structure(s), provided there are no issues relating to exceeding required maximum Floor
Area Ratios, or any possible violation of setback requirements; and
WHEREAS, the amendments set forth below are 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 llS, "Administrative and Review Procedures," Article lX, entitled
"Nonconformances," and Section 118-395, entitled "Building nonconforming in height,
density, parking, floor area ratio or bulk," are hereby amended as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
Nonconforming uses. lf a building which contains a nonconforming use is,
repaired or rehabilitated at a cost exceeding fiftv (50) percent of the value of
the building as determined by the building official, it shall not be thereafter
used except in conformity with the use regulations in the applicable zoning
district contained in these land development regulations and all rights as a
nonconforming use are terminated.
(a)
1of 3
410
(b)Nonconforming buildings.
(1) Nonconforming buildings which are repaired or rehabilitated by less
than fiftv (50) percent of the value of the building as determined by the
building official shall be subject to the following conditions:
Repaired or rehabilitated residential andior hotel units shall
meet the minimum unit size requirements as set forth for the
zoning district in which the property is located. The number of
units in the building shall not be increased.
The building shall have previously been issued a certificate of
use, certificate of completion, certificate of occupancy or
occupational license by the City to reflect its current use.
Such repairs or rehabilitation shall meet the requirements of the
City property maintenance standards, the applicable Florida
Building Code, and the Fire Safety Code.
lf located within a designated historic district, or an historic site,
the repairs or rehabilitations shall comply substantially with the
Secretary of lnterior Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures, as amended, as well as
the certificate of appropriateness criteria in Article X of these
Land Development Regulations. lf the repair or rehabilitation of
a contributing structure conflicts with any of these regulations,
the property owner shall seek relief from the applicable building
or Fire life-Ssafety Ceode.
e. Anv new construction shall complv with the existino eu+rent
development regulations in the zoninq district in which the
propertv is located, orovided however.
batconies.
baleenie+ includinq proiectino balconies and balconies
supported bv columns, not to exceed a depth of 30 feet from an
existino buildino wall, anC-mav be permitted_ as__a_ height
exception. fne aOO
ineludins-up to the heiqht of the hiqhest habitable floor for a
buildino non-conformino in heioht. provided such balconies
meet applicable FAR and setback requlations.' Any_aolditign_o'[
a balconv shall be subiect to the review and approval of the
desion review board or historic preservation board, as mav be
applicable.
Nonconforming buildings which are repaired or rehabilitated by more
than fiftv (50) percent of the value of the building as determined by the
building officialt shall be subject to the following conditions:
a. All residential and hotel units shall meet the minimum and
average unit size requirements for rehabilitated buildings as set
forth in the zoning district in which the property is located.
b. The entire building, and any new aCditien construction shall
meet all requirements of the City property maintenance
standards, the applicable Florida Building Code and the Fire
Safety Code.
b.
c.
d.
(2)
2of3
411
c. The entire building and any new adCitien construction shall
comply with the current development regulations in the zoning
district in which the property is located. No new floor area may
be added if the floor area ratio is presently at maximum or
exceeded.
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:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:January 14,1
Second Read
Verified By:
as R.
Planning Director
(Sponsor Commissioner Joy Malakoff)
T:\AGENDAV0lSUanuary\Non Conforming Bldgs - Balconies - ORD First Read.docx
APPROVED AS IO
FORM & IANGUAGE5
15 & FQR EXECUTION
##,/W
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412
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 106, "Traffic and Vehicles" Article ll, entitled "Metered Parking"; creating
Division 3, entitled, "Construction Parking and Traffic Management Plan"; providing for codification,
and an effective date
lntended Outcome Su
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and lncludinq Parkinq).
Supporting Data (Surveys, Environmenta! Scan, etc.l:74o/o of residents and72o/o of businesses rate
the availability of parking across the City as too little or much too little. Availability of parking was one of the
changes residents identified to Make Miami Beach better to live, work or plav.
Item Summary/Recommendation :
There are areas of the city with concentrations of construction activity and related construction employee
vehicles parking for extended periods usurping parking availability all day at on-street parking spaces and
municipal parking lots. The presence of these vehicles has caused reduced parking availability, vehicular
traffic congestion on commercial and residential streets, impedes the movement of traffic, and unduly
restricts access to patrons and visitors to commercial areas and residents and their visitors to their homes.
On December 10, 2014, lhe Land Use and Development Committee (LUDC) endorsed the proposed
ordinance and directed the Administration to further analyze the $100,000 construction value threshold
requiring a Construction Parking Plan and recommended the proposed ordinance to the Mayor and City
Commission. Other communities with similar challenges, including Los Altos, and Pasadena, California,
have regulated construction parking and require a Construction Management Plan (CMP). To this end, the
City Attorney's Office and Administration, including representatives from the City Manager's Office, Building
Department, Code Compliance, Planning Department, and Parking Department have collaborated and
drafted a proposed ordinance requiring all construction projects with, a value to be determined, have an
approved Construction Management Plan (CMP) in order to obtain a building and/or grading and shoring
permit. The Administration recommends the City Commission: 1) accept the recommendation of the
LUDC via separate motion; and 2) approve the attached Ordinance at First Reading and schedule a
Second Public for Februarv 11,2015.
Clerk's Office
T:\AGENDA\201 5Uanuary1
AGEIIDX rrem R S(r
On January 5, 2015, the Transportation, Parking & Bicycle-Pedestrian Facilities Committee endorsed a
recommendation to amend the City Code and require a Construction Parking and Traffic Management
Financial lnformation :
Source of
Funds:
Amount Account
1
2
OBPI Total
Financia! lmpact Summary: The two (2) alternatives below are based on threshold levels for requiring a
CMP: 1. Alternative One - Threshold Value of $100,000+: This analysis is based on 835 annual building
permits with related CMPs. Revenues generated by this program are estimated to be $120,000 in permit
fees and $205,000 in fine revenues, for total annual revenues of $325,000 and $1,625,000 over five years.
lf the program is successful, fine revenues should decline over time. Expenses for the permitting, review,
and analysis (Engineering Assistant lll - (2) FTE) is estimated at $172,000 (includes capital expense for
vehicles in year one), annually and $692,000 over five years. The expense for Code Enforcement (Code
Compliance Officer - (2) FTE) is estimated at $160,000 (includes capital expense for vehicles in year one),
annually and $632,000 over five years. This equates to a total annual expense (Year One) of $332,000 and
$1 ,324,000 over five years. 2. Alternative Two - Threshold Value of $250,000+: This analysis is based
on 392 annual building permits with related CMPs. Revenues generated by this program are estimated to
be $56,500 in permit fees and $102,500 in fine revenues, for total annual revenues of $159,000 and
$795,000 over five years. However, if the program is successful, fine revenues should decline over time.
Expenses for the permitting, review, and analysis (Engineering Assistant lll - (1) FTE) is estimated at
$86,000 (includes capital expense for vehicles in year one), annually and $346,000 over five years. The
expense for Code Enforcement (Code Compliance Officer - (1) FTE) is estimated at $80,000 (includes
capital expense for vehicles in year one), annually and $316,000 over five years. This equates to a total
annual expense (Year One) of $166.000 and $662.000 over five vears.
Saul F extension 6483
E MIAMIBEACH
ingJanl 4201 5.sum.docx
DArE l-,{-l\-413
4 MIAMIBEACH
City of Miomi Beoch, 'i 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and
Jimmy L. Morales, City Manager
January 14,2015
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING SUBPART A GENERAL
ORDINANCES, CHAPTER 106 "TRAFFIC AND VEHICLES", AT ARTICLE !I
ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN,,; AND
CREATING SEGTIONS 106-116 THROUGH 106-130; PROVIDING FOR
LEGISLATIVE INTENT; DEFINITIONS; CREATING A REQUIREMENT THAT
ALL GONTRACTORS PROVIDE TRAFFIC PLAN TO THE BUILDING AND
PARKTNG DEPARTMENT(S) pRtOR TO OBTAINING A BUILD|NG OR
GRADING AND SHORING PERMIT FOR ALL PROJECTS OVER A CERTAIN
CONSTRUCTION THRESHOLD; TO ENSURE THAT ALL EMPLOYEES,
CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A TRAFFIC
MANAGEMENT AND PARKING PLAN FOR PARKING OF VEHIGLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND
APPEALS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE. [Sponsored by Commissioner MichaelGrieco]
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission: 1) accept the recommendation of
the Land Use and Development Committee via separate motion; and 2) approve the
attached Ordinance at First Reading and schedule a Second Reading Public Hearing for
February 11,2015.
BACKGROUND
As you know, there are areas of the city with concentrations of construction activity and
related construction employee vehicles parking for extended periods usurping parking
availability all day at on-street parking spaces and municipal parking lots. The presence of
these vehicles has caused reduced parking availability, vehicular traffic congestion on
commercial and residential streets, impedes the movement of traffic, and unduly restricts
access to patrons and visitors to commercial areas and residents and their visitors to their
homes.
On September 10, 2014, the Mayor and Commission approved ltem No. C4l, entitled,
"Referral to Land Use and Planning Board regarding ordinance amendment to Chapter 106
relating to parking to require a parking plan during construction for commercial building
projects".
TO:
FROM:
DATE:
SUBJECT:
of the
FIRST READING
414
January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - First Reading
Page 2 of 7
On December 10, 2014, the Land Use and Development Committee endorsed the proposed
ordinance and directed the Administration to further analyzethe $100,000 construction value
threshold requiring a Construction Parking Plan and recommended the proposed ordinance
to the Mayor and City Commission.
ANALYS!S
Other communities with similar challenges, including Los Altos, and Pasadena, California,
have regulated construction parking and require a Construction Management Plan (CMP).
The requirement of a CMP is recommended in order to increase parking availability in
commercial and residential areas.
To this end, the City Attorney's Otfice and Administration, including representatives from the
City Manager's Office, Building Department, Code Compliance, Planning Department, and
Parking Department have collaborated and drafted a proposed ordinance requiring all
construction projects with a value of $100,000 or higher have an approved Construction
Management Plan (CMP) in order to obtain a building and/or grading and shoring permit.
Construction Management Plan (CMP)
ln order to maintain a Building Permit and/or Grading and Shoring Permit, in good standing,
for all projects with a value to be determined (see analysis below), an approved CMP is
required. The CMP shall minimize construction employee vehicle parking impacts to the
surrounding neighborhood (commercial or residential) and adjacent properties and their
occupants. The CMP must:
o Reduce construction employee vehicle parking impacts related to the proposed
construction;. Contain construction related parking to project site and areas approved by the City;o Reduce construction noise impacts to the greatest extent technically and
economically feasible; ando Minimize off-site dust and air quality impacts per best management practices.
Definitions:
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
. Commercial area means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by commercial, or retail property.
Commercial area shall contain at least half a City block bordered by three public
streets, and, if there is an alleyway, also by the alleyway.o Construction Employee Vehicle (CEV) means a motorvehicle operated in or parked
by an employee, or subcontractor of a construction contractor for extended periods
of the day, which result in an impact on the community as identified below as a
CEVPI.o Construction Employee Vehicle Parking lmpact (CEVPI) means:
- Municipal (on and off-street) parking spaces are limited in quantities
and for extended periods of the day factually occupied Monday
through Saturday, of any month by construction employee, contractor
or subcontractor vehicles; and
415
January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - First Reading
Page 3 of 7
CEVs park on municipal on and off-street parking spaces, intended
for commercial or residential uses; or
driven into or left regularly in a commercial or residential area and the CEV
drivers are parking at those locations for purposes unrelated to commercial,
retail or residential uses.
. Resrdential areas means a contiguous or nearly contiguous area containing public
streets or parts thereof primarily abutted by residential property or residential and
nonbusiness property such as schools, parks, churches, hospitals, and nursing
homes. A residential area shall contain at least half a City block bordered by three
(3) public streets, and, if there is an alleyway, also by the alleyway.
Creation of Construction Management Plan (CMP):
ln order to obtain or maintain a Building and/or Grading and Shoring Permit for all projects
with a value in excess of (value to be determined), the Contractor of record shall be required
to provide to the City a CMP. The Parking Director shall review the CMP. Failure to provide
the CMP, or obtain Parking Director approval of the CMP shall preclude the issuance of a
Building or Grading and Shoring Permit. The CMP shall minimize CEVPI to the surrounding
commercial or residentialareas. The CMP must:
1. Reduce CEVPI related to the proposed construction;2. Contain construction related parking within the project site, whenever
possible;
3. Document where the parking areas will be provided for the employees,
subcontractors, and contractors, if not on site; and4. The contractor, owner of the property, and tenant are required to sign, under
oath, the proposed CMP, confirming their understanding of the plan, and the
penalties associated with non-compliance.
Requirements of CMP:
1. The CMP shall contain the following required elements to address the CEVPI:
a. A copy of the building permit application/processing number, that is
not expired, with the Building Department.
b. A system to minimize the effect of CEV parking in commercial and
residential neighborhoods.
c. Document the number of workers; identify by description and vehicle
license plate number all vehicles that will be present on the site
during various phases of construction; and indicate whether sufficient
privately owned/operated off-street parking will be provided. Provide
proof of such off-street private parking arrangements.d. The construction contractor, owner/developer shall schedule a pre-
construction meeting with City staff after permit issuance, but prior to
start of work, to review CMP implementation.
2. The Construction Site Parking and Staging Plan shall provide the following
specific information:
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January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - First Reading
Page 4 of 7
a. All construction related parking (whether for employees, contractors,
subcontractors, suppliers, etc.) shall be located on-site where the
construction is to take place, or at an approved off-site locations, as
approved by City Staff. Swale, right-of-way, or parking metered
locations may be permitted, upon approvalof the Parking Director, to
be used for loading, deliveries, and supplies. However, this
temporary authorization shall not be considered a proper parking
area for employees, subcontractors or contractors under the CMP.b. Delineate the details as to the number of proposed vehicles; type of
vehicles accessing the construction site; identify the vehicles by year,
make, model, and Florida license plate number.c. ldentify where all on-site parking will be located (minimum 8.5'x18'
per stall) and how vehicles will enter and exit the construct site from
or the street.
d. lf off-site parking is required to accommodate employee,
subcontractor or contractor parking needs, identify the off-site
location to be used and how the employees, subcontractors or
contractors will get to and from the construction site. Provide proof of
lease, exclusive use, etc. to the Parking Director as park of the CMP.f. ldentify any fencing around the construction site and all access
points. A site plan may be requiredg. ldentify material staging area(s).h. Provide any other notes necessary to clarify the CMP, as may be
applicable.
Review and approval:
The CMP shall be reviewed and require the approval of the Parking Director.
lssuance of permit:
L A CMP permit shall be issued upon approval of the CMP and payment of fees.2. A CMP permit fee in the amount of $144 shall be assessed for each CMP and
related building permit.
3. Thereafter a building or a grading and shoring permit may issue. Failure to obtain
Parking Department authorization of a CMP permit shall preclude the issuance of
building permit.
Parking in designated areas:
1. Pursuant to the requirements of this section, contractors, subcontractors and
construction employees shall register and provide vehicle make, model, year, color,
and license plate to the Parking Department.
2. CEVs shall prominently display a parking permit for the corresponding parking
facility(ies) related to the building permiVconstruction project identified in the
underlying CMP. Such parking permit shall be displayed so as to be clearly visible to
the City's enforcement personnel.
3. CEVs found at any location other than those stipulated in the CMP shall be in
violation of this section
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January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - First Reading
Page 5 of 7
Enforcement:
(1) A City code inspector may issue a citation for a violation of this Chapter.
Enforcement shall be through Chapter 30 of the City's Code. A City Code lnspectors
means the code compliance officers, parking department employees, or any
authorized agent or employee of the City whose du$ it is to assure code compliance.(2) All violations of this chapter are civil infractions. Each violation of this chapter shall
constitute a separate offense. Violations of this chapter, will be punished as follows:
(a) For a first offense, a $5,000.00 fine issued to both contractor and property
owner/tenants.(b) For a second offense a $10,000.00 fine issued to both contractor and
property owner/tenant.(c) For a third offense, a $15,000.00 fine issued to both contractor and property
owner/tenant.(d) For each additional/subsequent offense a one-day stop work order issued by
the City's Building Official.(e) For purposes of this section, an offense shall be deemed to have occurred
on the date that the violation occurred.(0 The failure of any person to pay the appropriate fine within the time allowed
or to appeal the violation shall constitute a waiver of the right to an
administrative hearing before the special master and fines may be accessed
accordingly.(g) A certified copy of an order imposing a fine may be recorded in the public
records and thereafter shall constitute a lien upon any 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
violator's personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. After two months from the recording of any
such lien that which remains unpaid, the city may foreclose or otherwise
execute upon the lien.
Revocation of permits and other penalties:
Any Contractor, subcontractor, property owner or tenant who has obtained a valid citation
under section 106-123, and who has failed to pay the fine, and failed to cure the violation,
shall have the Building Permit revoked. Failure to comply shall subject such participant to
enforcement procedures by the City and may result in fines of up to an additional $500.00,
per day, and liens as provided by law.
Use of Funds:
All fines collected and all CMP fees collected shall be first utilized to fund administrative
expenditures of the City in administering the program, including Parking Department review,
Code Compliance Enforcement and Building Department Review. Any additionalfunds shall
be placed in the Fee in Lieu of Parking fund to assist the City in providing enhanced parking
facilities.
Appeals:
Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The
procedures relating to code compliance citations shall control the appeal period, notice
requirements, and rules relating to same.
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January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendmenfs fo the City Code - First Reading
Page 6 of 7
Construction Value Thresholds:
The chart below illustrates the volume of building permits at varying construction value
thresholds issued in FY 2013/14. There were a total of 1 ,766 building permits which would
be applicable to the proposed ordinance, commencing with a $100,000 construction value
threshold (CVT). The $100,000 CVT includes residential projects which have sufficient
construction activities that adversely impact residential neighborhood parking. Please note
as the thresholds below increase in value, the quantities of residential projects transitions to
commercial projects.
BUILDING PERMIT CONSTRUCTION VALUES
(cumulative from $1M to $100K)
101112013 to 09/30/2014
Month $100.000 $250.000 $s00.000 $750.000 $1.000.000
Oct-13
Nov-13
Dec-13
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-14
Aug-14
Seo-14
80
63
44
63
46
66
80
86
58
113
70
66
32
30
17
33
22
32
45
51
29
41
39
21
22
15
10
26
10
17
33
30
20
28
13
12
19
11
8
21
8
10
27
23
11
22
6
12
14
11
5
14
7
5
16
17
7
14
5
10
Total 83s 392 236 178 125
FISCAL IMPACT
The two (2) alternatives below are based on threshold levels for requiring a CMP and their
related fiscal impacts:
1. Alternative One - Threshold Value of $100,000+:
This analysis is based on permitting, including: processing, review, inspection, and
enforcement of 835 annual building permits with related CMPs.
Revenues generated by this program are estimated to be $120,000 in permit fees and
$205,000 in fine revenues, for total annual revenues of $325,000 and $1 ,625,000 over five
years. However, if the program is successful, fine revenues should decline over time.
Expenses for the permitting, review, and analysis (Engineering Assistant lll - (2) FTE) is
estimated at $172,000 (includes capital expense for vehicles in year one), annually and
$692,000 over five years. The expense for Code Enforcement (Code Compliance Officer -(2) FTE) is estimated at $160,000 (includes capital expense for vehicles in year one),
annually and $632,000 over five years. This equates to a total annual expense (Year One) of
$332,000 and $1 ,324,000 over five years.
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January 14, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - First Reading
Page 7 of 7
2. Alternative Two - Threshold Value of $250,000+:
This analysis is based on permitting, including: processing, review, inspection, and
enforcement of 392 annual building permits with related CMPs.
Revenues generated by this program are estimated to be $56,500 in permit fees and
$102,500 in fine revenues, for total annual revenues of $159,000 and $795,000 over five
years. However, if the program is successful, fine revenues should decline over time.
Expenses forthe permitting, review, and analysis (Engineering Assistant lll - (1) FTE) is
estimated at $86,000 (includes capital expense for vehicles in year one), annually and
$346,000 over five years. The expense for Code Enforcement (Code Compliance Otficer -
(1) FTE) is estimated at $80,000 (includes capital expense for vehicles in year one), annually
and $316,000 over five years. This equates to a total annual expense (Year One) of
$166,000 and $662,000 over five years.
CONCLUSION
ln conclusion, the Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and2)
approve the attached Ordinance at First Reading and schedule a Second Reading Public
Hearing for February 11,2015, approve an amendment, on first reading, to Chapter 106,
"Traffic and Vehicles" at Article ll, entitled "Metered Parking"; creating Division 3, entitled,
"Construction Parking and Traffic Management Plan"; providing for codification, repealer,
severability, and an effective date; and further recommend scheduling of a second and final
oublic hearino.
&u"
JLM/KGB/SF
T:\AGENDA\2015\January14201S\ConstructionParkingPlanFirstReadingJanl420l5.cme.doc
420
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A - GENERAL ORDINANCES, CHAPTER
106 "TRAFFIC AND VEH!CLES'" AT ARTICLE I, DIVISION 1 ENTITLED..GENERALLY", TO CLARIFY THAT A PARKING ENFORGEMENT SPEGIALIST MAY
ISSUE CODE COMPLIANCE VIOLATIONS UNDER SECTION 106-116 THROUGH
106-126, WITH ENFORCEMENT THROUGH THE SPECIAL MASTER; AND AT
ARTICLE ll ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
CONSTRUCTION PARKING AND TRAFFIC MANAGEMENT PLAN"; AND CREATING
SECTIONS 106-116 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIC PLAN TO THE BUILDTNG AND PARKTNG DEPARTMENT(S) PRrOR TO
OBTAINING A BUILDING OR GRADING AND SHORING PERMIT FOR ALL
PROJECTS OVER A CERTAIN CONSTRUCTION THRESHOLD; TO ENSURE THAT
ALL EMPLOYEES, CONTRACTORS, AND SUBCONTRACTORS ARE PART OF A
TRAFFIC MANAGEMENT AND PARKING PLAN FOR PARKING OF VEHICLES;
PROVIDING FOR PENALTIES, ENFORCEMENT PROCEDURES AND APPEALS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFIGATION; AND AN
EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles," regulates all matters
relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, There exists in areas of the City, heavy concentration of construction activity and
related construction employee vehicles that park for extended periods usurping parking availability all
day; congregating at various points; and committing otfenses against the peace and dignity of the City
and the residents thereof; and
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on commercial and
residential streets, impede the movement of traffic, and unduly restrict access to patrons and visitors to
commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and refuse;
and
WHEREAS, that the conditions and impacts mentioned above reduces parking availability and
creates blighted or deteriorated residential areas; and
WHEREAS, the establishment of a requirement of a Construction Management Plan for traffic
and parking to preserve the resident quality of life and character of residential neighborhoods, preserve
property values, and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that the definitions are clear, concise, and for facility of use to the
community and,
WHEREAS, the proposed modification to the Chapter 106 of the City Code 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:
421
CHAPTER 106 TRAFFIC AND VEHICLES
o*toa=,
DIVISION I. GENERALLY
Sec. 105-53. - Duties of parking enforcement specialist in case of overtime parking.
(a) lt shall be the duty of the parking enforcement specialist of the city, acting in accordance with
instructions issued by the parking director, to issue a citation to the violators of section 106-46 or 106-48,
containing the following information:
(1) The number of the parking meter that indicated that the vehicle occupying the parking space
adjacent to such parking meter is or had been parked in violation of any of the provisions of
section 106-46 or 106-48.
(2) The state and license number of such vehicle.
(3) The date and time at which such vehicle was seen or found parked in violation of any of the
provisions of section 106-46 or 10648.
(4) Any other facts a knowledge of which is necessary to a thorough understanding of the
circumstances attending such violation, and facilitate the determining of ownership of such
vehicle.
(b) When the operator of the vehicle is not available each such parking enforcement specialist shall
attach to such vehicle the citation to the owner thereof that such vehicle has been parked in violation of
section 106-46 or 10648, and instructing such owner to either pay the parking fine or contest the citation
as provided on the citation within 30 days in regard to such violation.
(c) The parkinq enforcement specialist shall enforce the provisions of Article ll, Division 3. sections
106-116 throuqh 116-126, throuqh the code compliance procedures of Chapter 30. An appeal of a
citation underArticle ll, Division 3. shall be to the Special Master.
ARTICLE II METERED PARKING
DIVISION 3. GONSTRUCTION PARKING AN; TR;FFI; MANAGEMENT PLAN
Sec. 106-116. Declaration of necessitv and purpose.
It is hereby found and declared that:
(a) There exists in areas of the Citv. heaw concentration of construction activitv and related
construction employee vehicles that park for extended periods usurpinq parking availability all
day, congreqatinq at various points: and committinq offenses aqainst the peace and dignity of
the City and the residents thereof.
(b) The oresence of these vehicles cause vehicular tratfic conqestion on commercial and
residential streets. impede the movement of traffic, and unduly restrict access to patrons and
visitors to commercial areas and residents and their visitors to their homes.
(c) Such vehicular conqestion creates polluted air. excessive noise, trash and refuse.
(d) That the conditions and evils mentioned in subsections (1). (2). and (3) of this section
reduces parkinq availabilitv and creates bliqhted or deteriorated residential and commercial
areas.
(e) The establishment of a requirement that a contractor provide a Construction Manaqement
Plan (CMP) due to the traffic and parkinq impacts caused bv the construction product would
422
assist the Citv in preservinq the residents' qualitv of life: ensure the hiqh quality of our
residential and commercial neiqhborhoods. would preserve propertv values: and preserve the
safetv of children and of all pedestrians in the Citv.
Sec. 106-117. Definitions.
The followinq words, terms and phrases, when used in this division, shall have the meaninqs ascribed to
them in this section, except where the context clearlv indicates a different meaninq:
Commercial area means a contiquous or nearlv contiquous area containino public streets or Darts thereof
primarilv abutted by commercial, or retail property. Commercial area shall contain at least half a Citv block
bordered by three public streets, and. if there is an alleyway, also by the alleywav.
Consfrucflon Employee Vehrble (CEV) means a motor vehicle ooerated in or parked bv an emplovee, or
subcontractor of a construction contractor for extended periods of the dav, which result in an impact on
the community as identified below as a CEVPI.
Construction Emplovee Vehicle Parkinq lmpact (CEVPI) means:
(1) A condition wherebv:
a. Municioal (on and off-street) parkinq spaces are limited in quantities and for extended
periods of the day factually occupied Monday throuqh Saturday, of any month bv
construction employee, contractor or subcontractor vehicles: and
b. CEVs park on municioal on and off-street parkinq spaces, intended for commercial or
residential uses, or
(2) A condition wherebv anv number of construction related vehicles are beinq driven into or left
reqularly in a commercial or residential area and the CEV drivers are parkinq at those locations
for purposes unrelated to commercial, retail or residential uses.
Resrdenfla/ areas means a contiquous or nearlv contiquous area containinq public streets or parts thereof
orimarily abutted by residential property or residential and nonbusiness property such as schools, parks,
churches, hospitals, and nursinq homes. A residential area shall contain at least half a Citv block
bordered by three (3) public streets, and, if there is an allevwav, also bv the allevway.
Sec. 106-118. Creation of Construction Manaqement Plan (GMP).
ln order to obtain_or maintain a Buildino and/or Gradinq and Shorinq Permit for all projects with a value in
excess of . the Contractor of record shall be required to provide to the City a CMP. The
Parkinq Director shall review the CMP. Failure to provide the CMP, or obtain Parkinq Director approval of
the CMP shall preclude the issuance of a Buildinq or Gradinq and Shorino Permit. The CMP shall
minimize CEVPI to the surroundinq commercial or residential areas. The CMP must:
a. Reduce CEVPI related to the proposed construction:b. Contain construction related parkinq within the project site, whenever possible:
c. Document where the parkinq areas will be provided for the employees, subcontractors,
and contractors, if not on site: andd. The contractor, owner of the propertv, and tenant are required to siqn, under oath, the
prooosed CMP. confirminq their understandinq of the plan, and the penalties associated with non-
compliance.
423
Sec. 106-119. Requirements of CMP.
(1) The CMP shall contain the followinq required elements to address the-CEVPI:
a. A copy of the buildinq permit application/processinq number, that is not expired, with the
Buildinq Department.
b. A svstem to minimize the effect of CEV parkinq in commercial and residential neiqhborhoods.c. Document the number of workers: identifu bv description and vehicle license plate number all
vehicles that will be oresent on the site durinq various phases of construction: and indicate
whether sufficient privatelv owned/ooerated off-street parkino will be provided. Provide proof
of such off-street private parkinq arranqements.
d. The construction contractor, owner/developer shall schedule a pre-construction meetinq with
City staff after permit issuance, but prior to start of work, to review CMP implementation.
(2) The Construction Site Parkinq and Staqino Plan shall provide the followinq specific information:
a. All construction related parkinq (whether for employees, contractors, subcontractors.
suppliers, etc.) shall be located on-site where the construction is to take place, or at an
approved off-site locations. as approved bv Citv Staff. Swale riqht-of-way, or parkinq
metered locations may be permitted, upon approval of the Parkinq Director, to be used for
loadinq. deliveries, and supplies. However. this temporary authorization shall not be
considered a proper parkinq area for emplovees, subcontractors or contractors under the
CMP.b. Delineate the details as to the number of oroposed vehicles: tvpe of vehicles accessinq the
construction site: identify the vehicles bv vear. make, model, and Florida license plate
number.c. ldentifu where all on-site parkinq will be located (minimum 8.5'x18' oer stall) and how vehicles
will enter and exit the construct site from or the street.d. lf off-site parkinq is required to accommodate employee, subcontractor or contractor oarkinq
needs, identifv the off-site location to be used and how the employees, subcontractors or
contractors will qet to and from the construction site. Provide proof of lease. exclusive use,
etc. to the Parkinq Director as park of the CMP.f. ldentifu any fencinq around the construction site and all access points. A site plan may be
requiredq. ldentify material staqinq area(s).h. Provide any other notes necessary to clarifv the CMP. as mav be applicable.
Sec. 106-120. Review and approval.
The CMP shall be reviewed and reouire the approval of the Parkinq Director.
Sec. 106-121. lssuance of permit.
1. A CMP permit shall be issued upon approval of the CMP and pavment of fees.2. A CMP permit fee in the amount of $ . shall be assessed for each CMP and related
buildino permit.
3. Thereafter a buildinq or a qradinq and shorinq permit mav issue. Failure to obtain Parkino
Department authorization of a CMP permit shall preclude the issuance of buildinq permit.
Sec. 106-122. Parkinq in desiqnated areas.
(1) Pursuant to the requirements of section 106-119, contractors, subcontractors and construction
emplovees shall reqister and orovide vehicle make, model. year. color, and license plate to the Parkinq
Department.
424
(2) CEVs shall prominently display a parkino permit for the correspondino parkinq facility(ies) related
to the buildino permiUconstruction proiect identified in the underlyinq CMP. Such parkinq permit shall be
displayed so as to be clearlv visible to the City's enforcement personnel.
(3) CEVs found at anv location other than those stipulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A City code inspector may issue a citation for a violation of this Chapter. Enforcement shall be
throuqh Chapter 30 of the City's Code. A City Code lnspectors means the code comoliance otficers,
parkinq department emplovees, a parkinq enforcement specialist, or any authorized aqent or employee of
the Citv whose dutv it is to assure code compliance.
(2) All violations of this chapter are civil infractions. Each violation of this chapter shall constitute a
separate offense. Violations of this chapter, will be punished as follows:
(a) For a first otfense, a $5.000.00 fine issued to both contractor and property owner/tenant.
(b) For a second offense a $10,000.00 fine issued to both contractor and property owner/tenant.
(c) For a third offense. a $15.000.00 fine issued to both contractor and property owner/tenant.
(d) For each additional/subsequent offense a one dav stop work order issued by the City's
Buildinq Official.
(e) For purposes of this section, an offense shall be deemed to have occurred on the date that
the violation occu rred.
(0 The failure of any person to pav the appropriate fine within the time allowed or to appeal the
violation shall constitute a waiver of the riqht to an administrative hearinq before the special
master and fines may be accessed accordinqlv.
(g) A certified copy of an order imposinq a fine may be recorded in the public records and
thereafter shall constitute a lien upon any real or personal propertv owned bv the violator and
it mav be enforced in the same manner as a court judqment by the sheriffs of this state,
includinq lew aqainst the violator's personal property, but shall not be deemed to be a court
iudqment except for enforcement purposes. After two months from the recordinq of anv such
lien that which remains unpaid, the citv mav foreclose or otherwise execute upon the lien.
Sec. 106-124. Revocation of permits and other penalties.
Any Contractor, subcontractor, prooerty owner or tenant who has obtained a valid citation under section
106-123, and who has failed to pay the fine. and failed to cure the violation, shall have the Buildinq
Permit revoked. Failure to comply shall subiect such participant to enforcement procedures by the City
and mav result in fines of up to an additional $500.00, per dav, and liens as orovided bv law.
Sec. 106-125. Use of Funds.
All fines collected and all CMP fees collected shall be first utilized to fund administrative exoenditures of
the Citv in administerinq the prooram. includinq Parkinq Department review, Code Compliance
Enforcement and Buildinq Department Review. Anv remaininq funds shall be transferred to the Fee in
Lieu of Parkinq fund to assist the Citv in providino enhanced parkino facilities. Any transfer of funds to
the Fee in Lieu of Parkinq fund shall be documented to reflect the fine source, and amount.
Sec. 106-126. Appeals.
Appeals of a citation shall be pursuant to Chapter 30, before the Citv's Special Master. The procedures
relatinq to a code compliance citations under Chapter 30 shall control the appeal period. notice
requirements. and rules relatinq to same.
425
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.
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. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and
First Reading:
ADOPTED this _ day of
Second Reading:
ATTEST:
Rafael E. Granado, City Clerk
Underscore denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Michael Grieco)
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
426
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 (41st)
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 Hiohwav Sions:For Repealer, Severabilitv, And Effective Date.
Supporting Data (Surveys, Environmental Scan, etc
Item 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 41 st Street, adopted ordinance No. 1201 , which changed the name of 41st 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 11,2014 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 conlirmed 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 1 12141"'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 thatthe Administration prepare an ordinance repealing Ordinance No. 1201 , thus removing the
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial Impact Summary:
The estimated cost for installation of the co-designation
budoeted for this oroiect.
signs by the County is $5,600. Funding has not been
islative Tracki
Jose R. Gonzalez, P.E. Ext.6768
Department Diyector Assistant City Manager City M{nager
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SUMM.docx
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MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
January 14,2015
FIRST READING
SUBJECT: 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 FORTY-FIRST (41st) 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 NAME "ARTHUR GODFREY ROAD'' DESIGNATION FROM FDOT
ROAD AND HIGHWAY SIGNS; PROVIDING FOR REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
FUNDING
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't 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 112t41"1Street 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 CityCommission 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
TO:
FROM:
DATE:
428
Commission Memorandum -Ordinance Repealing The "Arthur Godfrey Road" Co-Name from 41d Street
January 1 4, 201 5
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't Street.
ANALYS!S
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 112t41"1Street, 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"1Street 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.
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429
ORDINANCE NO.
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,
GHANGING THE NAME OF FORTY-F|RST (41ST) STREET TO ARTHUR
GODFREY ROAD," TO REMOVE THE "ARTHUR GODFREY ROAD" CO-
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.
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
Neig hborhood/Community Affairs Committee.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Ordinance No. 1201 is hereby repealed in its entirety as follows:
W
AN ORDTNANGE OF THE erTy OF MtAMt BEACH, FtOR|DA cHANclNc
THE NAITIE OF FORTY-FIRST (41st) STREET TO ARTHUR GODFREY
ROAB
430
BE IT ORDAINED BY THE GITY COUNGIT OF THE CITY OF MIAMI BEACH, FTORIDA:
SeeftOU t: fnat tna
Street" en Plats ef the Oeean Frent Preperty ef Miami Beaeh lmprevement
Subdivisien' ef Nautilus Additien' ef First Additien te Mid Gelf Subdivisien' ef
Nursery Subdivisien; ef Nadilus Extensien Seeend and ef ll st Street Business
Subdivisien' said plats being reeerded in the Publie Reeerds ef Dade Ceunty'
Flerida, respeetively in Plat Beek 5 at pages 7 and 8, in Plat Beek 10 at page 3, in
Plat Beek 8 at page 1 16, in Plat Beek 25 at page 30, in PIat Beek 6 at page 101 , in
Plat Beek 29 at page 67' in Plat Beek I at page 130' in Plat Beek 7 at page 16f in
is hereby ehanged in name and designatien, and shall hereafter be knewn,
SCeftOU Z: fnat atl
SCeflgN e: That thl ing-e€
req*red+V+*
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECi!ON 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. EFFECTIVE DATE.
This Ordinance shall take effect the day of 2015.
PASSED and ADOPTED this day of
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Joy Malakoff)
Underline denotes additions
Strit<e+nreugh de notes de letions.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
,2015.
ffi#1(,
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lntended Outcome
Enhance the Environmental Sustainability of the Community.
Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that tne City neeOs to
improve. ln the 2014 Community Satisfaction Survey, residential respondent and business owner
4o/o and 2% from2012
FIRST READING
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterurrays. lt is especially critical that the City limit pollutants from entering the environment due to its
proximity to the City's vast system of interconnected waterways and sensitive marine habitats. One
pollutant of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a
large portion of the litter in the City's streets, public places, and watenruays. Expanded polystyrene is a
particularly harmful pollutant because it is non-biodegradable and not readily recyclable. Furthermore, it
fragments into smaller pieces that easily enter and remain in the environment harming or killing marine life
and other wildlife that accidentally ingest it. Waterfront facilities including marinas, piers, docks, and boat
ramps provide the public with direct access to Biscayne Bay, the Atlantic Ocean, and the City's waterways.
Keeping expanded polystyrene products out of publically owned and leased facilities can help reduce litter
nuisance because lightweight articles, such as expanded polystyrene products, are picked up and
dispensed by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's
waterfronts and waterways and enhance the City's environmental sustainability.
On July 23,2014, the City Commission passed Ordinance No. 2014-3884 expanding the restrictions on the
sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce litter and
pollutants in the City's wateruays and to enhance the environmental sustainability of the City. Ordinance
2014-3884 prohibits the following: (1) the carrying of expanded polystyrene products into City beaches and
parks; (2) the sale or use in public facilities and on public property of expanded polystyrene food service
articles by City contractors, vendors, lessees, concessionaires, operators of City facilities and properties,
and special event permittees; and (3) the placement of expanded polystyrene food service articles on the
right-of-way and the provision by sidewalk caf6 permittees of expanded polystyrene food service articles to
sidewalk caf6 patrons.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to include the
definitions of "polystyrene" and of "expanded polystyrene". Additionally, the proposed Ordinance extends
the existing prohibition of expanded polystyrene products on beaches and in parks within the city to include
city marinas, piers, docks, and boat ramps because these facilities are in close proximity to bodies of water
and, therefore, litter at these locations can easily enter the marine environment. The proposed Ordinance
also amends Chapter 82 of the City Code by amending Section 82-7 lo include the definition of
"polystyrene" and to expand the definition of "city facility" to include facilities leased to the City and marinas,
piers, docks or boat ramps owned, operated, leased, or managed by the City. ln addition, the proposed
Ordinance amends section 82-7 lo expand the definition of "city property" to include property leased to the
City. Moreover, the proposed Ordinance amends Section 82-366 to include the definitions of "expanded
food service articles," and "polvstvrene"
a
-
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading of an Ordinance Amending Chapter 46-92 of the Code of Miami Beach to extend the existing
prohibition of expanded polystyrene products on beaches and in parks within the city to include city
docks, and boat ra
Financial lnformation:
Source of
Funds:
Amount Account
1
OBPI Total
Financial Impact Summary:
Elizabeth Wheaton x61 21
MIAMIBEACH rrru R5r
433
g MIAMIBEACH
Gity of Miqmi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
January 14,2015
the City
FIRST READ!NG
AN ORDINANCE OF THE OR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
GODE OF THE CITYOF MIAMI BEACH, ENTITLED "ENVIRONMENT,''
BY AMENDING ARTICLE III, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BYAMENDING SECTION 46.
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND GOMMERCIAL HANDBILL
VIOLATIONS; COMMERCIAL HANDBILL REGULATIONS, FtNES, AND
REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS', TO
AMEND SUBSECTTON (A) TO DEFTNE THE TERMS,,POLYSTYRENE"
AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION
(c) To PROHIBTT ANy PERSON FROM CARRYING ANy EXPANDED
POLYSTYRENE PRODUCT ONTO ANY CITY MARINA, P!ER, DOCK,
OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL,'' BY AMENDING
SECTION 82.7 THEREOF, ENTITLED "PROHIBITIONS REGARDING
SALE OR USE OF EXPANDED POLYSTYRENE FOOD SERVTCE
ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT
PERMITTEES,'' TO DEFINE THE TERM "POLYSTYRENE" AND TO
AMEND THE DEFINITION OF "CITY FACILITY'' TO INCLUDE CITY
MARINAS, PIERS, DOCKS, AND BOAT RAMPS AND TO AMEND THE
DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERTY" TO
INCLUDE PROPERTY LEASED TO THE CITYAND CLARIFYING THE
EFFECTIVE DATE OF SECTION 82-7; AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY,'' BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS.OF.WAY,'' BY AMENDING DIVISION 5, ENTITLED,.SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTTTLED..GENERALLY,'' BY AMENDING SECTION 82-366 THEREOF,
ENTITLED "DEFINITIONS,'' TO DEFINE THE TERMS
" POLYSTYRE N E, ",, EXPAN DED POLYSTYRENE," AN D,'EXPAN DED
POLYSTYRENE FOOD SERVICE ARTIGLES"; AND PROVIDING FOR
434
Polystyrene Ordinance Memo - First Reading
January 14,2015
Page 2 of 3
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance on First Reading.
BACKGROUND
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
waterways, including lndian Creek, Surprise Lake, Lake Pancoast as well as the Atlantic Ocean and
the Biscayne Bay Aquatic Preserve. The waters surrounding the City support a wide variety of flora
and fauna, including threatened and endangered species like the West lndian manatee, the
American crocodile, Johnson's seagrass, and smalltoothed sawfish. These waters also act as
nurseries and habitat for migratory birds, including brown pelicans and ospreys, and for
commercially and recreationally important fish, such as snapper, sailfish, and mahi-mahi.
Furthermore, the City's beaches support shorebird species, including seagulls and royal terns, and
are a designated nesting habitat for the protected Loggerhead, Green, and Leatherback sea turtles.
It is especially critical that the City limit pollutants from entering the environment due to its proximity
to the City's vast system of interconnected waterways and sensitive marine habitats. One pollutant
of particular concern is expanded polystyrene, a petroleum based by-product which constitutes a
large portion of the litter in the City's streets, public places, and waterways. The Environmental
Protection Agency has determined that floatable debris, like expanded polystyrene, can have
"serious impacts on human health, wildlife, the aquatic environment and the economy" (Assessing
and Monitoring Floatable Debris, August 2002; EPA-842-B-02-002). Expanded polystyrene is a
particularly harmful pollutant because it is non-biodegradable and not readily recyclable.
Furthermore, it fragments into smaller pieces that easily enter and remain in the environment
harming or killing marine life and other wildlife that accidentally ingest it.
On July 23,2014, the City Commission passed Ordinance No. 2014-3884 expanding the restrictions
on the sale and use of expanded polystyrene (commonly known as Styrofoam) products, to reduce
litter and pollutants in the City's waterurays and to enhance the environmental sustainability of the
City. Ordinance 201 4-3884 prohibits the following: (1) the carrying of expanded polystyrene products
into City beaches and parks; (2) the sale or use in public facilities and on public property of
expanded polystyrene food service articles by City contractors, vendors, lessees, concessionaires,
operators of City facilities and properties, and special event permittees; and (3) the placement of
expanded polystyrene food service articles on the right-of-way and the provision by sidewalk caf6
permittees of expanded polystyrene food service articles to sidewalk caf6 patrons.
The proposed Ordinance amends Chapter 46 of the City Code by amending Section 46-92 to
include the definitions of "polystyrene" and of "expanded polystyrene". Additionally, the proposed
Ordinance extends the existing prohibition of expanded polystyrene products on beaches and in
parks within the city to include city marinas, piers, docks, and boat ramps because these facilities
are in close proximity to bodies of water and, therefore, litter at these locations can easily enter the
marine environment.
435
Polystyrene Ordinance Memo - First Reading
January 14,2015
Page 3 of 3
The proposed Ordinance also amends Chapter 82 of the City Code by amending Section 82-7 lo
include the definition of "polystyrene" and to expand the definition of "city facility" to include facilities
leased to the City and marinas, piers, docks or boat ramps owned, operated, leased, or managed by
the City. ln addition, the proposed Ordinance amends section 82-7 to expand the definition of "city
property" to include property leased to the City. Moreover, the proposed Ordinance amends Section
82-366 to include the definitions of "expanded polystyrene," "expanded polystyrene food service
articles," and "polystyrene".
Waterfront facilities including marinas, piers, docks, and boat ramps provide the public with direct
access to Biscayne Bay, the Atlantic Ocean, and the City's waterways. Keeping expanded
polystyrene products out of publically owned and leased facilities can help reduce litter nuisance
because lightweight articles, such as expanded polystyrene products, are picked up and dispensed
by wind and rain. The proposed Ordinance will reduce the presence of this pollutant on the City's
waterfronts and waterways and enhance the City's environmentalsustainability.
FIVE YEAR FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider
the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long term economic impact (at least 5 years) of this
proposed legislative action. As the Amendment to the Ordinance is only intended to clarify the
definition of expanded polystyrene and clarify the locations polystyrene is prohibited, there is no
financial impact.
CONCLUSION
The Administration recommends approving the Ordinance.
Attachment: Expanded Polystyrene Ban Ordinance
JMJ/MVF/ESW
T:\AGENDA\2015\January\Environmental\Polystyrene Ordinance (UPDATED) - MEM First Reading.doc
436
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE !II, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BY AMENDING SEGTION 46.
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; GOMMERCIAL HANDBILL REGULATIONS, FINES,
AND REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE CITY; ENFORCEMENT; APPEALS; LIENS,, TO
AMEND SUBSECTION (A) TO DEFTNE THE TERMS "POLYSTYRENE"
AND "EXPANDED POLYSTYRENE" AND TO AMEND SUBSECTION
(c) To PROHIBTT ANY PERSON FROM CARRYTNG ANY EXPANDED
POLYSWRENE PRODUCT ONTO ANY CITY MARINA, PIER, DOGK,
OR BOAT RAMP; AMENDING CHAPTER 82 OF THE CODE OF THE
GITY OF MIAMI BEAGH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SECTION 82.7 THEREOF, ENTITLED "PROHIBITIONS REGARDING
SALE OR USE OF EXPANDED POLYSryRENE FOOD SERVICE
ARTIGLES BY CITY GONTRACTORS AND SPECIAL EVENT
PERMITTEES," TO DEFINE THE TERM "POLYSTYRENE" AND TO
AMEND THE DEFINITION OF "CITY FACILITY" TO INCLUDE C!ry
MARINAS, PIERS, DOCKS, AND BOAT RAMPS AND TO AMEND THE
DEFINITIONS OF "CITY FACILITY" AND "CITY PROPERry" TO
INCLUDE PROPERTY LEASED TO THE CITY AND TO GLARIFY THE
EFFECTIVE DATE OF SEGTION 82-7; AMENDING CHAPTER 82 OF
THE CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE lV, ENTITLED "USES lN
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, ENTITLED..SIDEWALK GAFES," BY AMENDING SUBDIVISION I, ENTITLED..GENERALLY,'' BY AMEND!NG SECTION 82.366 THEREOF,
ENTTTLED "DEF!N!T!ONS," TO DEFINE THE TERMS
"POLYSWRENE," "EXPANDED POLYSryRENE," AND "EXPANDED
POLYSTYRENE FOOD SERVIGE ARTICLES"; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach ("City") declares that it is in the interest of the
public health, safety, and welfare of its residents and visitors to reduce litter and pollutants on
the land and in the waters of the City; and
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of
years to degrade in the environment; and
WHEREAS, expanded polystyrene is a common pollutant, which fragments into smaller,
non-biodegradable pieces that are ingested by marine life and other wildlife, thus harming or
killing them; and
437
WHEREAS, due to the physical properties of expanded polystyrene, the EPA states
"that such materials can also have serious impacts on human health, wildlife, the aquatic
environment and the economy"; and
WHEREAS, disposable food service articles constitute a portion of the litter in the City of
Miami Beach's streets, parks, public places, and waterways; and
WHEREAS, the City's goal is to replace expanded polystyrene food service articles with
reusable, recyclable or compostable alternatives; and
WHEREAS, the City encourages the use of unbleached, non-coated, recycled-content
paper food service articles and other fiber-based food service articles as the most
environmentally preferable alternatives when the use of reusable food ware is not feasible; and
WHEREAS, as an environmental leader among local governments in the State of
Florida, the City of Miami Beach, by virtue of this Ordinance, will strengthen its litter laws by
prohibiting any person from carrying expanded polystyrene products onto City marinas, piers,
docks, and boat ramps and by prohibiting the use of expanded polystyrene food service articles
by City contractors and special event permittees on City marinas, piers, docks, or boat ramps;
and
WHEREAS, this Ordinance will preserve and enhance the environment of the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section46-92 of Division 1 of Article lll of Chapter46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE !ll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on litter; penalties for litter and commercial
handbill violations; commercia! handbill regulations, fines, and rebuttable
presumptions; seizure and removal of litter by the city; enforcement;
appeals; liens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Litter means any paper, handbill, commercial handbill, garbage, bottle
caps, chewing gum, tobacco products, including, but not limited to, used
(5)
438
and unused cigarettes, cigars, pipe or chewing tobacco, polystyrene or
plastic products, or other waste, including, but not limited to, tree, plant,
and grass cuttings, leaves, or other yard maintenance debris, that has
been placed or deposited on a public sidewalk, street, road, avenue,
beach, swale, median, building, fence, wall, boardwalk, beachwalk,
baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other
public property, right-of-way or place, or on any object located on public
property, or on the kneewall, window ledge or sill of any public or private
building, or on a motor vehicle, or on any other type of private real or
personal property. Handbills and commercial handbills attached to a trash
receptacle, but not within the trash receptacle in the usual manner, shall
also be considered litter.
Polysfyrene means a thermoplastic polvmer or copolvmer comprised of at
least 80 percent stvrene or para-methvlstvrene bv weiqht.
Expanded polysfyrene means blown polvstvrene and expanded and
extruded foams that are thermoplastic petrochemical materials utilizinq a
stvrene monomer and processed bv anv number of techniques including.
but not limited to, fusion of polvmer spheres (expandable bead foam),
iniection moldino, foam moldinq. and extrusion-blown moldinq (extruded
foam polvstvrene).
(c) Prohibitions on beaches, marinas. piers. d and in parks.lt shall be
unlawful for any person to carry onto any beach within the city a glass or metal bottle or other
glass or metal container. ln addition, it shall be unlawful for any person to carry any expanded
polystyrene product onto any beach or into any park within the city, or onto anv citv marina. pier,
dock, or boat ramp, or for any business to provide plastic straws with the service or delivery of
any beverage to patrons on the anv beach within the citv.
SECTION 2. That Section 82-7 of Article I of Chapter 82 of the Code of the City Miami Beach
is hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE l. ln General
Sec. 82-7 Prohibitions regardinn ""," o, ,"" ,
"*O"nded
polystyrene food service
articles by city contractors and specia! event permittees.
(a) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to
thousands of years to degrade. Expanded polystyrene is a common pollutant, which
(g)
€)
439
(b)
fragments into smaller, non-biodegradable pieces that are harmful to marine life, other
wildlife, and the environment. The City's goals are to reduce the use of expanded
polystyrene and encourage the use of reusable, recyclable, or compostable alternatives.
Definitions. For purposes of this section only, the following definitions shall apply:
(1) City contracfor means a contractor, vendor, lessee, concessionaire of the City, or
operator of a City facility or property.
(2) Polysfyrene means a thermoplastic polvmer or copolvmer comprised of at least
80 percent stvrene or para-methvlstvrene bv weioht.
0(!) Expanded polystyrene means blown polystyrene and expanded and extruded
foams that are thermoplastic petrochemical materials utilizing a styrene monomer
and processed by any number of techniques including, but not limited to, fusion
of polymer spheres (expandable bead foam), injection molding, foam molding,
and extrusion-blown molding (extruded foam polystyrene).
p) ({) Expanded polystyrene food seruice articles means plates, bowls, cups,
containers, lids, trays, coolers, ice chests, and all similar articles that consist of
expanded polystyrene.
(4) (O City facility includes, but is not limited to, any building, structure, park, beach, er
golf course. marina, pier, dock, or boat ramp leased to the Citv, or owned,
operated, leased, or managed by the City.
(5) (O City property includes, but is not limited to, any land, water, or air rights leased to
the Citv, or owned, operated, leased. or managed by the City.
@ (/] Special event permittee means any person or entity issued a special event permit
by the City for a special event on City property or in a City facility.
City contractors and special event permittees shall not sell, use, provide food in, or offer
the use of expanded polystyrene food service articles in City facilities or on City property.
A violation of this section shall be deemed a default under the terms of the City contract,
lease, or concession agreement and is grounds for revocation of a special event permit.
This subsection shall not apply to expanded polystyrene food service articles used for
prepackaged food that have been filled and sealed prior to receipt by the City contractor
or special event permittee.
Any City contract, lease, or concession agreement entered into prior to Auqust 2, 2014
the effeetive date ef this seetien or any special event permit issued prior to Auoust 2,
2014 the effective date ef t shall not be subject to the requirements of this
section, unless the City contractor or special event permittee voluntarily agrees thereto.
(c)
(d)
4
440
SECTION 3. That Section 82-366 of Subdivision I of Division 5 of Article lV of Chapter 82 of
the Code of the City Miami Beach is hereby amended as follows and Section 82-385(p) is
provided for reference purposes:
CHAPTER 82
PUBLIC PROPERTY
ARTICLE lV. U""" in puUfic nights-of-Way
DIVISION 5. Sidewalk Cafes
Subdivision l. Generally
Sec. 82-366. Definitions.
Code compliance officerrn""n, ,n" .;" .";oliance otficers, fire inspectors, or any
other authorized agent or employee of the city whose duty it is to assure code compliance.
Expanded polvsfvrene means blown polvstvrene and expanded and extruded foams that
are thermoplastic petrochemical materials utilizino a stvrene monomer and processed bv anv
number of techniques includinq. but not limited to, fusion of polvmer spheres (expandable bead
foam), iniection moldino. foam moldinq, and extrusion-blown moldinq (extruded foam
polvstvrene).
Expanded polysfvrene food service arfrbles means plates. bowls. cups, containers, lids.
travs, coolers, ice chests, and all similar articles that consist of expanded polvstvrene.
Permitteemeans the recipient of " ,iO"*"ff .rt" permit under the terms and provisions
of this division.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least 80
percent stvrene or para-methvlstvrene bv weiqht.
Subdivision u. piit
Sec.82-385. Minimum standards, criteria, and conditions for operation of sidewalkcafes' * * *
(p) No food preparation, food storage, expanded polystyrene food service articles,
refrigeration apparatus or equipment, or fire apparatus or equipment, shall be allowed on the
right-of-way. ln addition, expanded polystyrene food service articles shall not be provided to
sidewalk caf6 patrons.
441
SEGTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith 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. GODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect on the day of
PASSED AND ADOPTED this _ day of.2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+rit<e+nreugh de notes de leti ons
PK
F:\ATTO\KALN\ORDINANCEs\Polystyrene Ordinance Jan 2015 Amendments\Polystyrene Ordinance Jan 2015 Amendments.docx
6
2015.
442
R7
RESOLUTIONS
443
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Second
Amendment to the Capital Budqet for Fiscal Year 2014115.
Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and
Data (Survevs. EnvironmentalScan. etc.): N/A
ltem Summary/Recommendataon :
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 submifted to the City Commission for adoption. fhe 2014115 - 2018119 Capital
lmprovement Plan and FY 2014115 Capital Budget was adopted on December 2,2014 by resolution 2014-28863.
The First Amendment to the FY 2014115 Capital Budget was also approved on December 2,2014 by resolution
2014-28864.
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 second
amendment to the FY 2014115 Capital Budget.
The second amendment to the FY 2014115 Capital Budget totals an increase of $6,347,000 and a re-
appropriation of $107,000 in order to provide additional funding to the following eight capital projects.
1. West Avenue/ Bay Road lmprovements2. Munis/ Energov Technology Project3. North Shore BandshellSound System Upgrade4. Police Station Building Firing Range Ventilation System Replacement5. Flagler Monument Solar lllumination6. lnformation & Communication Technology Contingency7. Scott Rakow & North Shore Swimming Pools8. Standardized Park Trash Receptacle Replacement
Financial !nformation:
Source of
Funds:r
OBPI
Amount Account
$1,500,000$ 197,000
$ 1 17,000
$ 233,000
$4.300.000
301-Capital Projects Financed by Other Funds
307- North Beach Quality of Life
125- Capital Renewal & Replacement
302- PAYGO
389- South Pointe Capital
Total $6,347,000
*GEi'IIIAITEIi n//-i4B MIAMI$TACH DATE444
g MIAMIBEACH
Cit1r of Miclmi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MIAMI BEACH, FLORIDA, ADOPTING THE SECOND 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 was adopted on December
2, 2014 by resolution 2Q14-28863.
The First Amendment to the FY 2014115 Capital Budget was also approved on December 2,
201 4 by resolution 201 4-28864.
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 Second amendment to the FY 2014115 Capital Budget.
Mayor Philip Levine and Members of fhe City Com
Jimmy L. Morales, City Manager
January 15,2015
445
Resolution Adopting the Second Amendment to the Capital Budget for FY 2014115
January 15,2015
Page 2 ol 4
SECOND AMENDMENT TO THE FY 2014/15 CAPITAL BUDGET
The second amendment to the FY 2014115 Capital Budget totals an increase of $6,347,000 and
a re-appropriation of $107,000 in order to provide additional funding to the following eight capital
projects.
1. West Avenue/ Bay Road lmprovements: The first capital budget amendment approved on
December 2,2014, partially funded a project change order previously approved on October
29,2014. The change order consists of street reconstruction along 10th, 14th and 17th
Streets, West Avenue between 6th and 8th Streets, as well as an additional pump station on
17th Street and Alton Road. Of the $12.3 million of additional funding necessary for the
change order, $8.0 million was funded through the first capital budget amendment. The
remaining $4.3 million is proposed to be funded from the South Pointe Capital Fund
balance. This funding source is now available to be spent on flooding/sea-level rise projects
citywide following the approval of the new Convention Development Tax agreement
between the City and Miami-Dade County in December.
Prior Years' Aopropriations $29.942.008
January 15 Budqet Amendment 4.300.000
Prooosed Total Aopropriations $34,242,008
Munis/Energov Technology Proiect: This project will replace the City's current Eden ERP
system with Munis, the City's current Permits PIus permitting and licensing software with
Energov, and include a full business process review of all functional areas of both systems.
Of the $7.2 million overall cost for the Munis/Energov project, $5.7 million was appropriated
on July 30, 2014. The remainder of $1.5 million project budget would be funded from one-
time FY 2013114 year end operating funds to be transferred to the "Capital Projects-
Financed by Other Funds" Fund.
Prior Years' Appropriations $5.700.000
Januarv 15 Budoet Amendment 1.500.000
Proposed Total Appropriations $7.200.000
2.
446
Resolution Adopting the Second Amendment to the Capital Budget for FY 2014115
January 15, 2015
Page 3 of 4
3. North Shore Band Shell Sound System Upgrade: This project requires a budget
amendment to increase funding by $t97,000 based on the cost proposal received. The
project was initially budgeted at $40,000. Pursuant to the City's ongoing contract for audio
visual services, the Procurement department requested quotes from all pre-qualified
contractors for the purchase and installation of AV Equipment at the North Shore Band, as
specified by EDA following the sound modeling and test. The request for quotes resulted in
one response from Pro Sound lnc. EDA has reviewed cost proposal and confirmed that it
meets the requirements of the specifications as developed.
On December 17,2014, the Commission approved the furnishing, installation, testing and
equalization of an audio and visual system meeting the specifications of the House Sound
System for the Band Shell, and further authorized a waiver of competitive bidding
requirements to allow the Administration to negotiate a contract with Pro Sound, lnc. to
complete said work.
This amendment would be funded from the 307-North Beach Quality of Life fund balance.
Prior Years' Appropriations s40.000
Januarv 15 Budoet Amendment 197.000
Proposed Total Appropriations $237.000
Police Station Building - Fire Range Ventilation System Replacement: This
Replacement & Renewal project requires an additional $51,000 to accommodate higher cost
of construction, owner's contingency, additional professional services and other soft
costs. This amendment would be funded from the 125-Renewal & Replacement fund
balance.
Prior Years' Aoorooriations s487.120
January 15 Budoet Amendment 51.000
Prooosed Total Aporopriations $538,120
Flagler Monument Solar lllumination: This project requires an additional $233,000 in
funding to accommodate the inclusion of structural and electrical designs as well as
foundation and logistic factors, which were not previously considered in the original
project. This amendment would be funded from the 302-PAYGO fund balance.
Prior Years' Appropriations s89.000
Januarv 15 Budoet Amendment 233,000
Proposed Total Appropriations $322.000
4.
5.
447
7.
Resolution Adopting the Second Amendment to the Capital Budget for FY 2014115
January 15,2015
Page 4 of 4
6. !nformation & Communication Technology Gontingency: This budget amendment would
sweep $3,000 from leftover funds in five completed lT Tech projects and realign $76,000 of
funding from the Tyler Cashiering project, which was included in the budget for the
Munis/Energov project, to the lT Tech-Contingencies project for unanticipated needs that
may occur during FY 2014115.
Prior Years' Appropriations (current balance
approximately $57,000)
$403,722
January 15 Budqet Amendment 76.000
Proposed Total Aoorooriations $479.722
Scott Rakow & North Shore Swimming Pools: This budget amendment requires an
additional $66,000 to fund emergency repairs at the Scott Rakow pool for electrical
deficiencies which have been identified by an engineering inspection conducted. This
amendment would be funded from the 125-Renewal & Replacement fund balance.
Prior Years' Appropriations $86.460
Januarv 15 Budoet Amendment 66,000
Proposed Total Appropriations $152.460
Standardized Park Trash Receptacle Replacement: This budget amendment requires an
additional $31,000 to fully fund the replacement of park trash receptacles throughout the city
in FY 2014115. This amendment would be funded from funds previously allocated for the
replacement of park picnic tables, which requires less funding than previously appropriated.
Prior Years' Aoorooriations s40.000
January 15 Budqet Amendment 31.000
Prooosed Total Aporooriations $71,000
8.
448
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE SECOND
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2014t15.
WHEREAS, the final Capital lmprovement Plan for FY 2014115 - 2018119 and
the final Capital Budget for FY 2014115 was adopted via Resolution 2014-28863 on
December 2,2014: and
WHEREAS, the first amendment to the Miami Beach Capital Budget for FY
2014115 was also adopted on December 2,2014 via Resolution No. 2014-28864; and
WHEREAS, the proposed amendment to the FY 2014115 Capital Budget are
included in 'Attachment A - Source of Funds" and "Attachment B - Program"; and
WHEREAS, it is recommended the FY 2014115 Capital Budget be amended to
add appropriations totaling $6,347,000 to eight projects, and re-appropriate $107,000
between existing projects highlighted in "Attachment C - Projects".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission
hereby adopt the Second 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 1Sth day of January, 2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
APPROVED AS TO
TONTVT & LANGUAGE
&FORE)(ECUTIONM#
449
ATTACHMENT A
FY 2014115 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 1115115
NOTE: The lnformation Communication & Technology Contingency project and the Trash Receptacle
Replacement project will be funded by funds previously appropriated to other projects.
Fundinq Source Amended 11115114 Amended 1l15l1l Revised
2003 GO Bonds - Neighborhood lmprovement $ too,ooo $ 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 1,217,695 1,217,695
Capital Projects Financed by Other Funds 765,000 1,500,000 2,265,000
Capital Reserve 8,521,285 8,521,285
Convention Center 525,000 525,000
Soncurrency 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 - Countv 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%5,111,900 5,111,900
Miami-Dade County Bond 54,400,000 54,400,000
NB Quality of Life Resort Tax Fund - 1%2,787.000 197,000 2,984,000
Non TIF RDA n1.712.000 (11,712,000"
Parking Operations Fund 2,270,000 2,270,000
Pay-As-You-Go 2,630,000 233,000 2,863,000
Proposed Future RDA Bonds 310,050,000 310,050,000
Proposed Future Resort Tax 1 Bonds 204,500,000 204,500,000
Proposed Future Water & Sewer Bonds 14,476,000 't4,476,000
Proposed Parking Bonds 59,500,000 59,500,000
Proposed Sormwater Bonds 51,876,000 51,876,000
RDA Garage Fund 2,719,000 2,719,00o
Renewal & Replacement Fund 2,083,120 1 17,000 2,200,120
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 4,300,000 14,874,000
W&S GBL Series 2010 CMB Reso 2009-27243 458,000 458,000
Water and Sewer Enterprise Fund 150,000 150,000
Total Aoorooriation as of 01/15/1 5 $ 738,239,000 $ 6,347,000 $ 744,586,000
450
ATTACHMENT B
FY 2014115 CAPITAL BUDGET
PROGRAMS
Amended 1115115
NOTE: The lnformation Communication & Technology Contingency project and the Trash
Receptacle Replacement project will be funded by funds previously appropriated to other projects.
Program Area
Amenoeo
11t15114 Amended 1115115 Revised
Bridges $283,000 $283,000
Sommunity Centers 42,000 42,000
Sonvention Center 522,013,000 522,013,000
!nvironmental 224,O00 224,000
Equipment 6,177,000 6,177,000
General Public Buildinqs 5,588,000 5,588,000
lnformation Technoloqv 280,000 1,500,000 1,780,000
Monuments 0 233,000 233,000
Parkino 833,000 833,000
Parking Garages 61,374,214 61 ,374,2',14
Parkino Lots 468,000 468,000
Parks 7,962,900 197,000 8,159,900
Renewal & Replacement 5,725.601 117,000 5,842,601
Seawalls 254,000 254,000
Streets/ Sidewalk lmps 94.153.393 4,300,000 98,453,393
TransiU Transoortation 8,771 ,000 8,771,000
Utilities 24,089,892 24,089,892
Total Appropriation as of 0l/15/15 $ 738,239,000 $ 6,347,000 $ 744,586,000
451
ATTACHMENT C
CAPITAL BUDGET
PROJECTS
Amended 1115115
Capital Project Name Amended
11115t14
Amended
1115115
Revised Capital
Budget
Munis/ Eneroov Technoloov Proiect $ 5,700,000 $ 1,500,000 $ 7,200,000
WestAvenue/ Bay Road lmprovements
29.942.008 4.300.000 34.242.008
North Shore Band Shell Sound System
Uoorade 40,000 197,000 237.000
Police Station Building Firing Station
Ventelation 487.',120 51.000 s38,120
Flaoler Monument Solar lllumination 89.000 233.000 322.000
lnfo & Communication Technology
Continoencv 403,722 76,000 479.722
Scott Rakow & North Shore Swimming
rools 86.460 66,000 152.460
Park Trash Recepticle Replacement 40,000 31,000 71,000
Park Picnic Tables Replacement 71.000 (31.000 40.000
Tota $ 36.859.310 $ 6,423.000 $ 43,282,310
452
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453
COMMISSION ITEM SUMMARY
Condensed Title:
RESCINDING RESOLUTION #2003.25266 AND ADOPTING A RESOLUTION AUTHORIZING THE
CITY TO MAKE CHANGES IN INDEXES USED FOR REIMBURSEMENT OF TRAVEL EXPENSES
INCURRED FOR CITY BUSINESS FOR CITY EMPLOYEES AND OUTSIDE CONTRACTED
CONSULTANTS
lntended Outcome
Item Sum
On July 30, 2003, the City Commission adopted Resolution 2003-25266 confirming the City's Policy to use the Runzheime/s
Meal and Lodging Cost lndex for per diem and travel expenses (including lodging, meals and ground transportation). This
resolution has not been updated since that time and the Administration is proposing changes in indexes used for
reimbursement of travel expenses to more accurately reflect actual costs and to clarify reimbursement to outside contracted
consultants.
The Runzheimeds lodging rates used in this index are based upon averages and do not reflect seasonal rates where
applicable. ln most cases, the hotel rates at governmental conferences exceed those index rates. For example, a hotel stay
at a recent Orlando Governmental conference was $149.00 while the Runzheimer index to be used was $74.25.
Administration recommends that the City's travel policy be changed to include reasonable conference rates or government
rates to be accepted over the average rates specified in the Runzheimer's lndex. Any exceptions would require the City
Manager's approval. Travel expenses for all other items will be limited to the Runzheimer's index.
ln addition, the City's travel policy does not address any travel expense reimbursement rates to be utilized by outside
consultants. City consultants cannot utilize govemment rates and rates for the Runzheimer's index do not reflect seasonal
rates. As a result, the City reimburses travel expenses at actual cost, unless othenrise negotatiated.
The mileage rate used for reimbursement of travel is based upon the rate provided in the Florida State Statutes which is
cunently set at $0.445 per mile. This rate is infrequently changed by the State with the last change occurring in 2006 from
$0.29 per mile to its current rate. The IRS updates its mileage index annually and the rate for 2015 is $0.575. Given the high
variability of fuel prices, Administration recommends using the IRS rate that is updated annually more accurately reflects the
actual costs associated with operating a vehicle.
The Administration recommends that the City Commission rescind the previous Resolution #2003-25266 and adopt a new
Resolution which revises the amounts allowable for lodging rates for city employees, addresses the reimbursement of
allowable travel charges incurred by outside contracted consultants, and allows the mileage reimbursement rate to be tied to
the IRS mileage rate.
Ensure exoenditure trends are sustainable over the lonq term.
Supporting Data (Surveys, Environmental Scan, etc.):
ln the 2014 Community Survey, both residents and businesses reported the following area forthe City related to value fortaxes
paid:
. Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good (Residents:
58%: Businesses 54%)
Atthe January7,2015 meeting of the Finance and Citywide Project
14,2015, City Commission meeting without a recommendation due to a lack of detail regarding the reimbursement rates. The
detail is included as an attachment to the memo.
Financial lnformation:
Source of
runqs:
(N,2
Total
Fina}6[al lmpact Summary: The annual cost of travel expenses is subject to funds availability approved
throuoh the Citv's budoetino orocess.
John Woodruff, Director
# MIAMIBTACH AGE'tIDA
DA?E I.IT'-(f454
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch. Florido 33I 39, www.miomibeochfl.gov
ON MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
January 14,2015
A RESOLUTION RESCINDING R #2003-25266 AND ADOPTING A
RESOLUTION CONFIRMING CITY'S POLIGY TO USE REASONABLE
ROOM RATES FOR LODGING AND THECONFERENCE OR
RUNZHEIMER MEAL AND LODGING COST INDEX FOR PER DIEM MEALS
AND OTHER TRAVEL EXPENSES FOR CITY EMPLOYEES; AND FOR GITY
CoNSULTANTS, THE U.S. GENERAL SERVTCES ADMINISTRATION (cSA)
RATES FOR LODGING AND THE RUNZHEIMER MEAL AND LODGING COST
INDEX FOR ALL OTHER TRAVEL EXPENSES; AND FOR ALL MILEAGE
REIMBURSEMENT, THE IRS MILEAGE RATE.
BACKGROUND
On June 11 , 2003, Senate Bil 1426 gave local governments the authority to provide their
own policies for reimbursement of travel expenses and per diem. !f the City does not
provide for its own per diem and travel policies, expenses are subject to the provisions in
Section 112.061 of the Florida Statues.
On July 30, 2003, the City Commission adopted Resolution 2003-25266 confirming the
City's Policy to use the Runzheimer's Meal and Lodging Cost lndex for per diem and travel
expenses (including lodging, meals and ground transportation). This resolution has not
been updated since that time and the Administration is proposing changes in indexes used
for reimbursement of travel expenses to more accurately reflect actual costs and to clarify
reimbursement to outside contracted consultants.
ANALYS!S
The Runzheimer's lodging rates used in this index are based upon averages and do not
reflect seasonal rates where applicable. ln most cases, the hotel rates at governmental
conferences exceed those index rates. For example, a hotel stay at a recent Orlando
Governmental conference was $149.00 while the Runzheimer index to be used was $74.25.
Administration recommends that the City's travel policy be changed to include reasonable
conference rates orgovernment rates to be accepted overthe average rates specified in the
Runzheimer's lndex. Any exceptions would require the City Manager's approval. Travel
expenses for all other items will be limited to the Runzheimer's index.
ln addition, the City's travel policy does not address any travel expense reimbursement rates
to be utilized by outside consultants. City consultants cannot utilize government rates and
rates for the Runzheimer's index do not reflect seasonal rates. As a result, the City
reimburses travel expenses at actual cost, unless othennrise negotatiated. Administration
recommends that the City's travel policy include that the City's contracted consultants utilize
TO:
FROM:
DATE:
SUBJECT:
455
Commission Memorandum - Resolution for Reimbursement of Travel Expenses
January 14,2015
Page 2 of 2
the U.S. General Service Administration (GSA) rates (which reflect seasonal rates) plus
taxes for lodging and the Runzheimer's index for all other expense items.
The Runzheimer's index is attached in "Exhibit A" and the GSA lodging rate for Miami Beach
is attached "BhibjIE'.
The mileage rate currently used for reimbursement of travel is based upon the rate provided
in the Florida State Statutes which is currently set at $0.445 per mile. This rate is
infrequently changed by the State with the last change occurring in 2006 from $0.29 per mile
to its current rate. The IRS updates its mileage index annually and the rate for 2015 is
$0.575.
Given the high variability of fuel prices, Administration recommends using the IRS rate that is
updated annually more accurately reflects the actual costs associated with operating a
vehicle.
At the January 7, 2015 meeting of the Finance and Citywide Project Committee, the
Committee referred the item to January 14,2015, City Commission meeting without a
recommendation due to a lack of detail regarding the reimbursement rates.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission rescind the previous Resolution
#2003-25266 and adopt a new Resolution which revises the amounts allowable for lodging
rates for city employees, addresses the reimbursement of allowable travel charges incurred
by outside contracted consultants, and allow the mileage reimbursement rate to be tied to
the IRS mileage rate.
JLM/JW
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459
Per Diem Rates Look-Up EXHIBIT ''B''Page 1 of 1
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RESOLUTION TO BE SUBMITTED
461
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO PURCHASE
ADDITIONAL CONDUCTED ELECTRONTC WEAPONS AND OTHER ACCESSORIES (THE
"EQUIPMENT") FROM TASER INTERNAT|ONAL, tNC., lN THE TOTAL AMOUNT OF $519,230,
PREVIOUSLY APPROVED AS ASOLE SOURCE PURCHASE PURSUANT TO RESOLUTION 2014.
28726, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH
TASER INTERNATIONAL, INC., FOR THE PURCHASE OF THE EQUIPMENT; AND FURTHER
AUTHORIZING THE CITY MANAGER TO EXECUTE THAT AGREEMENT WITH TASER
TNTERNATTONAL tNC., WHTCH SHALL DEFER PAYMENT OF THE EQUTPMENT OVER A FIVE (5)
YEAR PERIOD, UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
lnsist on Police and Skilled Manaqement Leadersh
lssue:
Should the Administration adopt the Resolution?
Item Summary/Recommendation:
AGENDA rrem fl7C
Since 2003, the Miami Beach Police Department has utilized the Taser weapons system as one tool in use
of force encounters. There is ample research to support the effectiveness of this technology in reducing
injuries and deaths to police officers and citizens. ln effect, the Taser has become a very effective device to
gain compliance when force is necessary to physically detain a subject.
Unfortunately, the model originally purchased by the Department, the Taser X-26 Electronic Control
Weapon (ECW), has reached the end of its service life and as of December 31, 2014, Taser lnternational
will no longer manufacture or maintain it. ln preparation, two years ago the department began a transition
phase to a new Taser Smart-weapon, the X-2, and has been pleased with the product.
The X-2 ECW is a significant upgrade from the Taser X-26 in both technology and safety. This is a critically
important factor from the perspective of community relations and public perception. ln this same spirit, the
new model now includes a variety of features that will aid in the Department's ability to deploy a more
effective, less lethal weapon. ln short, the X-2 model contains the latest technology in ECWs and uses less
energy to produce the same neuromuscular incapacitation.
Obviously the cost of upgrading and outfitting all patrol officers with the new unit presents some fiscal
challenges. However, in late 2014, Taser lnternational began a program that allows agencies to upgrade
from the X-26 through a speciflc financing agreement. By using funding that is currently budgeted as a
down payrnent, the Department can replace all ECW's irnmediately.
After the initial down payment of $187,000, the financing program will require four subsequent, annual
payments of $83,000. The agreement includes all new Taser X-2 ECWs with corresponding holsters,
batteries and cartridges needed for training and deployment. Additionally, the financing agreement ensures
the current pricing for the duration of the five year agreement and includes a five year extended warrantyfor
allthe ECWs.
The Departrnent will need a totat of 345 ECW's to fully equip all sworn personnel, including Reserve
Officers. This will also provide for a small inventory of ECW's as spares and replacements when units
require service. lt should also be noted that the financing agreement, as proposed byTaser, would replace
all 55 of our previously purchased black X-2 ECWs and all new X-2s purchases with the yellow-colored
version, allowing immediate identification of the device as an ECW and not a firearm.
Essentially for the cost of slightly more than what is normally budget annually for Taser maintenance, the
ent can reolace all The onlv additional cost isTaser X-26s with a newer, safer
MIAMIBEACH DATE ,./q-I
'462
that of replacement batteries and cartridges for the ECWs.
CONCLUSION
As a Police Department, it is crucially important that officers have access to tools that protect them in the
course of their duties. However, another equally critical element includes safeguarding the health and
safety of those we serye, including those we have to arrest or detain. lt is my belief that the deployment of
the new Taser technologywill provide an appropriate balance to protect both the officer and the community
from unexpected tragedy or unintended consequences.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida
approve the City Manager's recommendation to purchase additional conducted electronic weapons and
accessories (the "Equipment'), from Taser lnternational lnc., in the total amount of $519,230, previously
approved as a sole source purchase pursuant to Resolution No.20'14-28726, and authorizing the City
Adminishation to negotiate an agreement with Taser lnternational, lnc., for the purchase of the equipment;
and further authorizing the City Manager to execute that agreement with Taser lnternational lnc., which
shall defer payment of the equipment over a five (5) year period, upon conclusion of successful
Financial lnformation:
Source of
fr;,i,',@
Amount Account
:l $187.000 01 1-1 1 30-000325
Total $187,000
F i n a n cial lm-pact S u m m ary:
463
MIAMIBEACH
Cify of lliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, m.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager ,
the City
DATE: January 14,2415
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CIry OF MIAMI BEACH,'FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO
PURCHASE ADDITIONAL CONDUCTED ELECTRONIC
WEAPONS AND OTHER ACCESSORIES (THE "EQUIPMENT)
FROM TASER INTERNATIONAL, INC. IN THE TOTAL
AMOUNT OF $519,230, PREVIOUSLY APPROVED AS A SOLE
SOURCE PURCHASE PURSUANT TO RESOLUTION 2014.
28726, AND AUTHORIZING THE CITY ADMINISTMTION TO
NEGOTIATE AN AGREEMENT WITH TASER
INTERNATIONAL, INC. FOR THE PURCHASE OF THE
EQUIPMENT; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THAT AGREEMENT WITH TASER
INTERNATIONAL WHICH SHALL DEFER PAYMENT OF THE
EQUIPMENT OVER A 5 YEAR PERIOD, UPON CONCLUSION
OF SUCCESSFUL NEGOTIATIONS.
ADMINISTRATION RECOilITTIENDATION
Adopt the Resolution
ANALYSIS
Since 2003, the Miami Beach Police Department has utilized the Taser weapons
system as one tool in use-of-force encounters. The leading thinking and best
practice in American policing continues to be that these weapons are a
compassionate less-lethal-force option. The vast majority of larger police
departments issue them to patrol officers. There is ample research to support the
effectiveness of this technology in reducing injuries and deaths to police officers and
citizens. The Taser is an effective device to gain compliance when force is
necessary to physically detain a subject.
The model originally purchased by the Department, the Taser X-26 Electronic
Control Weapon (ECW), has reached the end of its service life. As of December 31 ,
2014, Taser lnternational no longer manufactures or maintains it. ln preparation,
two years ago the Department began a transition phase to a newer Taser Smart-
464
weapon, the X-2, and has been pleased with the product.
The X-2 ECW is a significant upgrade from the Taser X-26 in both technology and
safety. This is an important factor from the perspective of community relations and
public perception. The new model now includes a variety of features that will aid in
the Department's ability to deploy a more effective, less lethal weapon. ln short, the
X-2 model contains the latest technology in ECWs and uses less energy to produce
the same neuromuscular incapacitation.
The cost of upgrading and outfitting all patrol officers with the new unit presents
some fiscalchallenges. However, in late 2014,Taser lnternationalbegan a program
that allows agencies to upgrade from the X-26 through a specific financing
agreement. By using funding that is currently budgeted as a down payment, the
Department can replace all ECW's immediately.
After the initial down payment of $187,000, to be taken from existing funding in the
current fiscal year, the financing program will require four subsequent, annual
payments of $83,000. The agreement includes all new Taser X-2 ECWs, with
corresponding holsters, batteries and cartridges needed for training and
deployment. Additionally, the financing agreement locks in the current pricing for
the duration of the five-year agreement and includes a five-year extended wananty
for allthe ECWs.
The Department will need a total of 345 ECWs to fully equip all patrol personnel,
including Reserve Officers. This will also provide for a small inventory of ECWs as
spares and replacements when units require service. lt should also be noted that
the financing agreement, as proposed by Taser, would replace all 55 of our
previously purchased black X-2 ECWs and all new X-2s purchases with the yellow-
colored version. This change in color is being done for safety reasons. The yellow
Taser provides immediate identification of the device to suspects -- and to fellow
officers on scene -- as an ECW and not a firearm.
For the cost of slightly more than what is normally budget annually for Taser
maintenance, the Department can replace all existing Taser X-26s with a newer,
safer product. The only additional cost is that of replacement batteries and
cartridges for the ECWs.
CONCLUSION
The upgrade of the Police Department's less-than-lethal ECWs is necessary at this
time because the existing Tasers have become obsolete and because the newer
devices are safer and more compassionate weapons. This proposal results in the
immediate replacement of all 345 weapons in the MBPD inventory, with the cost
covered over the next five years. Money for this fiscal year's down payment exists
within the Police Department budget. The out-year cost of $83,000 annually for the
next four years is reasonable for this important technology. lt is my belief that the
deployment of the new Taser technology will provide an appropriate balance to
protect both the officers and the community from unexpected tragedy or unintended
consequences.
{so
JLM:DJO:WRG:tr
465
RESOLUTION TO BE SUBMITTED
466
THIS PAGE INTENTIONALLY LEFT BLANK
467
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving A
Desired Minimum Elevation For The Crown Of Roads ln The City To Be One Foot Higher Than The
Tailwater Boundary Condition Elevation Established By The Mayor And City Commission To Allow For
Drainaqe Within The Citv And Protection From Tidal
lntended Outcome Su
Item Summary/Recommendation :
The City is heavily investing in infrastructure improvements in order to mitigate flooding and meet the
challenges of sea level rise. The benefits from having new storm water pump stations, check valves, and
raising streets with low elevation will work collectively to maximize the effectiveness of these drainage
systems and minimize flooding on the streets. A new minimum standard for the crown of road will set
elevations of the cross section of the road.
Not all roads in the City are below the proposed elevation, but there are some that have been historically
prone to flooding due to tidal events. The result will allow the City to maintain better drainage for safer
travel during potential flooding events. lt will also extend the useful life of these new roads by raising the
base foundation material such that it will not be saturated with water, reducing cost for reconstruction in the
future and less construction impacts in our neighborhoods.
Resolution 2014-28499 was passed by City Commission on February 12,2014 which modified the tailwater
elevation from 0.5 feet NAVD to 2.7 feet NAVD of the Stormwater Management Master Plan for all tidal
boundary conditions.
Bergeron Land Development, lnc. (Bergeron) is currently working on a project on WestAvenue, from Sth to
8th Streets, the short section on 6th Street, between Alton and West Avenue, as well as a project on 17th
Street, between Alton and the bridge and a section of West Avenue, from Lincoln Road up to 17th Street.
As part of the project, Bergeron has been assisting the City in developing concepts related to street
elevations, which will be required in order to raise the streets to a level that will be less susceptible to
flooding. A typical design section is attached for four separate locations/scenarios within this project area.
At the December 10, 2014 Flooding Mitigation Committee meeting, a presentation of these four scenarios
was made by Bergeron regarding the existing road conditions and the result of raising the roadway, in
relation to the finished floor elevation of the adjacent properties. ln order to maintain access to those
businesses and obtain the overall desired infrastructure, a harmonization or transition from the proposed
roadway elevation down to an existing finished floor elevation will be required in some cases. During the
presentation different harmonization alternatives were presented to the Committee so that initialconcerns
could be dlscussed. The Committee talked through the concerns with the alternatives presented and
requested that this item be brought to a full Commission for further discussion.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial lnformation :
Financiat lmpact Summary:
Citv Clerk's Office lative
Eric Carpenter, Public Works X6012
Siqn-Offs:
Department pirector Assistant ffi[f$pager City M nager
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'€01 5Uanuary\PUBLIC WORKS\Elevation. Sum.docT:\AGENDA
AGENDA ITEIII
DATEE MIAMIBEACH 468
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
TO:Mayor Philip Levine and Member of the City
FROM: Jimmy Morales, City Manager
DATE: January 14,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
CROWN OF ROADS IN THE CITY TO BE ONE FOOT HIGHER THAN THE TAILWATER
BOUNDARY CONDITION ELEVATION ESTABLISHED BY THE MAYOR AND CITY
COMMISSION TO ALLOW FOR PROPER DRAINAGE WITHIN THE CITY AND
PROTECTION FROM TIDAL FLOODING.
BACKGROUND
The City is heavily investing in infrastructure improvements in order to mitigate flooding and meet
the challenges of sea level rise. The benefits from having new storm water pump stations, check
valves, and raising streets with low elevation willwork collectively to maximize the effectiveness of
these drainage systems and minimize flooding on the streets. A new minimum standard for the
crown of road will set elevations of the cross section of the road.
Not all roads in the City are below the proposed elevation, but there are some that have been
historically prone to flooding due to tidal events. The result will allow the City to maintain better
drainage for safer travel during potential flooding events. lt will also extend the useful life of these
new roads by raising the base foundation material such that it will not be saturated with water,
reducing cost for reconstruction in the future and less construction impacts in our neighborhoods.
Resolution 2014-28499 was passed by City Commission on February 12,2014 which modified the
tailwater elevation from 0.5 feet NAVD to 2.7 feet NAVD of the Stormwater Management Master
Plan for all tidal boundary conditions.
ln accordance with the reasons listed above, the Public Works Department is recommending the
crown of road to be a minimum of one foot above the tailwater design elevation.
Bergeron Land Development, lnc. (Bergeron) is currently working on a project on West Avenue,
from Sth to 8th Streets, the short section on 6th Street, between Alton and West Avenue, as well as a
project on 17th Street, between Alton and the bridge and a section of West Avenue, from Lincoln
Road up to 17th Street. As part of the project, Bergeron has been assisting the City in developing
concepts related to street elevations, which will be required in order to raise the streets to a level
469
City Commission Memorandum - Sfreef Elevations
January 14,2015
Page 2 of 2
that will be less susceptible to flooding. A typical design section is attached for four separate
locationsiscenarios with i n this project area.
At the December 10,2014 Flooding Mitigation Committee meeting, a presentation of these four
scenarios was made by Bergeron regarding the existing road conditions and the result of raising the
roadway, in relation to the finished floor elevation of the adjacent properties. ln order to maintain
access to those businesses and obtain the overall desired infrastructure, a harmonization or
transition from the proposed roadway elevation down to an existing finished floor elevation will be
required in some cases. During the presentation different harmonization alternatives were presented
to the Committee so that initial concerns could be discussed. The Committee talked through the
concerns with the alternatives presented and requested that this item be brought to a full
Commission for further discussion.
CONCLUSION
The Administration recommends adopting the Resolution.
rMMr:N)JJF/BAM/FRS
T:\AGENDA\201 SUanuary\PUBLIC WORKS\Elevation.memo.doc
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R7 - Resolutions
R7E A Resolution Approving A Settlement ln The Amount Of $2,760,000.00, ln Substantial
Form As Proposed ln Attached Exhibit 1; For Payment Of The Fee ln Lieu Of Parking
Required Under Section 130-131, Of The City Code, Which Fee ls Paid Due To A
Parking Deficiency Associated With The Development Of The New Project On The
Property Owned By Centurian Collins Avenue, LLC, A Delaware Limited Liability
Company (Hereinafter "Centurian"), Located At 2360 Collins Avenue, Miami Beach,
Florida, Which Project ls Commonly Known As The "Aloft" (The "Project") Under Building
Permit Number: 8REV131038418-422; And Further Authorizing The City Manager To
Take Such Action And Execute Any And All Necessary Documents To Complete The
Settlement.
(Office of the City Attorney)
(Memorandum to be Submitted in Supplemental)
Agenda ttem R7 E
oate l-lY-l F480
THIS PAGE INTENTIONALLY LEFT BLANK
481
R9
NEW BUSINESS
AND
GOMMISSION REQUESTS
482
m I A{_ l-"j
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.oov
OFFICE OF THE Clry CLERK, Rafael Granado, City Clerk
Tel: (305) 673-74'11, Fax: (305) 673-72il
To:
From:
Dote:
Subiect:
COMMISSION MEMORANDUM
Moyor Philip Levine ond Members of the City Commission
Rofoel E. Gronodo, City Clerk ,--d
Jonuory 14,2015 t'"1 .j -'1\
BOARD AND COMMTTTEES /
ADMINISTRATION REGOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that
appointments.
BOARD OR COMMITTEE: TOTAL.
MEMBERS
Affordable Housing Advisory
Committee
Budget Advisory Committee
Convention Center Advisory Board
Design Review Board
have filed with the City Clerk's Office for Board and Committee
VACANCIES
APPOINTED BY:
18 City Commission
Commissioner Ed Tobin
9 Mayor Philip Levine
Commissioner Ed Tobin
City Commission
TOTAL
VACANCIES
5
1
PAGE
Page2
Page 3
Page 7
Page 1 1
Page 12
We are commifted to providing excetlent public service and safety to all who live, work and play in our vibrant, trop Agenda ltem R ?AsalsW483
VACANCIES
BOARD OR COMMITTEE:
Disability Access Committee
Gay, Lesbian, Bisexual and
Transgender (GLBT)
Health Advisory Committee
Marine and Waterfront Protection
Authority
Miami Beach Commission For
Women
Miami Beach CulturalArts Council
Police Citizens Relations
Committee
Transportation, Parking, Bicycle-
Pedestrian Facilities Committee
APPOINTED BY:TOTAL PAGE
VACANCIES
14 Commissioner Jonah M. Wolfson 1 Page 14
15 Commissioner Deede Weithorn Page 16
11 City Commission Page 17
14 Commissioner Jonah M. Wolfson Page 23
21 Commissioner Ed Tobin Page 26
11 City Commission 3 PageZ7
14 Mayor Philip Levine Page 36
14 Commissioner Deede Weithorn
Commissioner Ed Tobin
Page 39
TOTAL.
MEMBERS
Attached is a breakdown by Mayor, Commissioner or City Commission:
JLM:REG/sp
484
Vacancy Report
Full Name Bourd Nume Vocancy
City Commission
Affordable Housing Advisory Committee 5
Design Review Board 1
Health Advisory Committee 1
Miami Beach CulturalArts Council 3
Commissioner Deede Weithorn
Transportation, Parking, Bicycle-Pedestrian,
Facilities Committee 1
Commissioner Ed Tobin
Affordable Housing Advisory Committee 1
Convention Center Advisory Board 1
MiamiBeach Commission ForWomen 1
Transportation, Parking, Bicycle-Pedestrian
Facilities Committee 1
Commissioner Jonah M. Wolfson
Disability Access Committee 1
Marine and Waterfront Protection Authority 1
Mayor Philip Levine
Police Citizens Relations Committee 1
Monday, tanuary 05,2075 Page 7 of 7
485
Board and Committees Current Members
Ad Hoc Committee Centennial Celebration 2014-2453',1
Composition:
The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations
pertaining to all matters with respect to events and activities related to the City of Miami Beach
Centennial on March 26,2015, and who shall report to and receive direction from the City
Commission, and which shall be comprised of seven (7) members who are direct appointments by the
Mayor and City Commission with terms of membership to begin on July 31, 2013 and expiring on July
31, 2015 (subject to earlier or later sunset by the City Commission).
Resolution 20t4-2853t adopted 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)
Dawn
George
Jay
Ray
Reagan
Sheila
Lopez
McCall
Neary
Dermer
Breslin
Pace
Duffy-Lehrman
713112015
713112015
713112015
7t31t2015
7t31t2015
7t31t2015
7t31t2015
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Deede Weithorn
Commissioner Jonah M. Wolfson
Commissioner Michael Grieco
Mayor Philip Levine
Commissioner Ed Tobin
Applicants Position/Title Applicants Position/Title
Brian Falk
Dr. Barry Ragone
Meryl Wolfson
Dennis Mouyios
Lisa AImy
lltednesday, January 07, 201 5 Page I of41
486
Board und Committees Cuwent 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 moftgage banking industry in connection with
affordable housing;
3) One citizen who is a representative of those areas of labor actively engaged in home building in
connection with affordable housing;
4) One citizen actively engaged as an advocate for low-income persons in connection with affordable
housing;
5) One citizen actively engaged as a for-profit provider of affordable housing;
6) One citizen actively engaged as a not-for-profit provider of affordable housing;
7) One citizen actively engaged as a real estate professional in connection with affordable housing;
B) One citizen who actively serues on the local planning agency pursuant to Florida Statute 5163.3L74
(Planning Board member);
9) One citizen who resides within the jurisdiction of the local governing body making the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One citizen who represents essentialservices 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
Appointments To Be Made :
Mayela Mueller 1213112014 Mayor Philip Levine 12131121
Muayad Abbas (5) For Profit 1213112014 City Commission 12131117
Frank Kruszewski (8) Local Planning 1213112014 City Commission 12131119
David Smith (3) Rep. Labo H.Bld. TL12-31- 1213112014 City Commission 12131114
Juan Rojas (2) Banking/Mortgage 1213112014 City Commission 12131116
Vacancy:
To replace (6) Not for Profit lZl3ll20l4 City Commission
Stephanie Berman
Page 2 of4lll/ednesday, January 07, 20 1 5
487
Bourd and Committees Current Members
To replace Robert
Saland
To replace Adrian
Adorno
To replace Karen
Fryd
To replace Jeremy
Glazer
Vacant
(1) Res. Home Bldg.
(9) Res. Juris Local Gov
(11) Rep. Essential Ser.
(4) Low-lncome Adv
t2l3ll20L4 City Commission
t2l3u20l5 City Commission
72l3ll20L5 City Commission
7213L120L5 City Commission
72/3U20L4 Commissioner Ed Tobin
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
Jane
Karen
Laurence
Michael
Seth
Suzanne
Orlofsky
Hayes
Fryd
Herrup
Bernstein
Feuer
Hollander
12t31t2015
12t31t2015
12t31t2015
(10) Rep. Empl. With/jurisdic 1213112015
1213112015
1213112016
(7) Real Estate Professional 1213112015
Commissioner Micky Steinberg 12131121
Commissioner Jonah M. Wolfson 12131121
CommissionerJoyMalakoff 12131121
City Commission 12t31t15
Commissioner Deede Weithorn 12131121
CommissionerMichaelGrieco 12131121
City Commission 12t31t19
Applicants Position/Title Applicants Position/Title
Britta Hanson
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Josephine Pampanas
Prakash Kumar
*ii;ff ;;i;;:f;trffi -fF-';or;
Dale Gratz
Eric Lawrence
Guy Simani
Joseph Landesman
Lawrence Raab
Stephanie Berman
Page 3 of41
488
Board and Committees Current Members
Art in Public Places sec' 82-s61
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
Appointments To Be Made :
Cathy Byrd 1213112014 Cig Commission 12131119
Janda Wetherington 1213112014 City Commission 12131116
Megan Riley 1213112014 City Commission 12131116
Susan Caraballo 1213112014 City Commission 12131118
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Chana Sheldon 1213112015 City Commission 12131119
Ombretta Agro Andruff 1213112015 City Commission 12131119
Patricia Frost 1213112015 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Alexander Orlofsky
Carolyn Baumel
Dale Stine
Francinelee Hand
Laura Levey
Lori Nieder
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Adrienne Krieger
Allee Newhoff
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Leslie Tobin
Michael McManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Page 4 of41
489
Board und Committees Cuwent 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 seryices 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
Memtrers:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
FS 218.391 &
,{a 20
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandy
Unger
Kaufman
Weithorn
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
1213112017 Commissioner Joy Malakoff FS 218.39
1213'112015 Commissioner Ed Tobin FS 218.39
1213112015 Commissioner Deede Weithorn FS 218.39
1213112017 Commissioner Micky Steinberg FS 281.39
1213112015 Mayor Philip Levine FS 218.39
1213112017 Commissioner Michael Grieco FS 218.39
1213112015 Commissioner Jonah M. Wolfson FS 218.39
Wednesday, January 07, 2015 Page 5 of41
490
Board and Committees Cuwent Members
Board of Adjustment RSA r'2 sec 118-
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, Certified 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
Appointments To Be Made :
Noah Fox Real Estate Developer 1213112014 City Commission 12131118
Richard Preira Law 1213112014 City Commission 12t31116
Richard Baron At-Large 1213112014 City Commission 12t31t19
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Barton Goldberg Financial Advisor 1213112015 City Commission 12131119
Bryan Rosenfeld CPA 1213112015 City Commission 12t31115
Heidi Tandy At-Large 1213112015 City Commission 12t31t19
Larry Colin Gen. Business 1213112015 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
Muayad Abbas
Richard Alhadeff
Seth Frohlich
Bradley Colmer
David Wieder
Frank Del Vecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Michael Steffens
Nelson Fox
Roberta Gould
Victor Ballestas
Wednesday, January 07, 201 5 Page 6 of 41
491
Board and Committees Curuent Members
Budget Advisory Committee Sec' 2'zr4
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
Appointments To Be Made :
Brian Harris Financial Adv. 1213112014 City Commission 12131119
Julio Magrisso 1213112014 Commissioner Ed Tobin 12/31121
Marc Gidney C.P A. (T11213112014) 1213112014 City Commission 12131114
Vacancy:
To replace 12l3ll20ti Mayor philip Levine
Christopher Pace
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David Lancz
Dushan Koller
Jack Benveniste
John Gardiner
Ronald Starkman
1213112016 CommissionerDeedeWeithorn 12131118
1213112015 Commissioner Jonah M. Wolfson 12131115
1213112015 CommissionerJoyMalakoff 12131115
1213112015 CommissionerMichaelGrieco 12131116
1213112016 CommissionerMickySteinberg 12131121
Applicants Position/Title Applicants Position/Title
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Michael Levine
Noah Fox
Robert Schwartz
Carl Linder
Elliott Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Wednesday, January 07, 20 1 5 Page 7 of41
492
Board and Committees Current Members
Committee for Quality Education in MB Sec.2-190.'134
Composition:
The committee shall consist of fifteen (15) voting members and three non-voting ex-officio members
to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher
Association:
Nofth Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-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 expeftise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public schools.
The City Commission shall designate two (2) of its members to 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 repoft the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Appointments To Be Made :
Betsy Mateu 1213112014 Mayor Philip Levine 12131121
Keren Bajaroff 1213112014 Commissioner Ed Tobin 12131115
Vacancy:
City Comm. Designee
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Beverly Heller
Judith Berson-Levinson
Karen Rivo
Marina Aviles
Tiffany Heckler
Beth Edwards Rep. of the PTA for Nautilus Middle School06l30ll5
Dr. Leslie Rosenfeld ACM/City Manager designee
Elisa Leone Rep. of the PTA for Biscayne Elementary O6l3OlL5
Ivette Birba Rep. ofthe PTA for Feinberg Fisher K-8 06l31lt5
Jessica Burns Rep. of the PTA South Pointe Elementary 061301L5
John Aleman Rep. of PTA Nofth Beach Elem. School 06130115
Rosa Neely Rep. of PTA for Treasure Island Elem. 06l30lLs
Shelley Groff Rep. of the PTA for MB Sr. High School 06/30/15
Tamar Oppenheimer Rep. PTA for Ruth K. Broad K8-06i30i15
1213112015 CommissionerMickySteinberg 12131116
1213112016 CommissionerJoyMalakoff 12131121
1213112015 CommissionerDeedeWeithorn 12131115
1213112016 CommissionerMichaelGrieco 12131122
1213112015 Commissioner Jonah M. Wolfson 12131118
Page 8 of 4l (Contiruted....
493
Bourd and Committees Current Members
Applicants Position/Title Applicants Position/Title
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Laurie Kaye Davis
Jessica Burns
Kristen Rosen Gonzalez
Tashaunda Washington
Wednesday, January 07, 201 5 Page 9 of4l
494
Bourd and 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
Partnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordinator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Maria Ruiz
Appointments To Be Made :
r-ior Leser 1213112014 Commissioner Jonah M. Wolfson 12131121
Dale Gra|c (TL1213112014) 1213112014 Commissioner Joy Malakoff 12131114
Gail Harris 1213112014 Commissioner Ed Tobin 12t31116
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Nagler
Debra Schwartz
Freddy Funes
Jonathan Kroner
Mirta Limonta
Rachael Zuckerman
1213112015 Mayor Philip Levine 12131121
1213112015 Mayor Philip Levine 12131121
1213112016 CommissionerMickySteinberg 12131121
1213112015 CommissionerMichaelGrieco 12131117
1213112015 Mayor Philip Levine 12131121
1213112015 CommissionerDeedeWeithorn 12131117
Applicants Position/Title Applicants Position/Title
Deborah Robins
Helen SwarE
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Eda Valero-Figueira
Magui Benitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Wednesday, January 07, 2015 Page 10 of4I
495
Board und 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 serve as a non voting ex-officio member.
Administrative representatives from the management group,
Greater Miami Convention and Visitors Bureau, and
the city manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Appointments To Be Made :
Roger Abramson 1213112014 Commissioner Joy Malakoff 12131116
Vacancy:
To Replace Joshua 1213U2074 Commissioner Ed Tobin
Wallack
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goldberg
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
12131120'15 Commissioner Jonah M. Wolfson 12131120
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerDeedeWeithorn 12131121
1213112016 CommissionerMichaelGrieco 12131121
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
Lavwence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
ll/ednesday, January 07, 2015 Puge 11 of4l
496
Bourd und Committees Curuent Members
Design Review Board sec' 118'71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the United States;
2) an architect registered in the state of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the state, with practical or academic expertise in the
field of design, planning, historic preservation or the history of architecture, or a professional
practicing in the fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the fields of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serue 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
Appointments'Io Be Made :
Carol Housen At-large 1213112014 City Commission 12131116
Edgar Sarli Faculty Position 1213112014 City Commission 12131119
Kathleen Phang Attorney 1213112014 City Commission '12131119
Vacancy:
To replace Vincent Landscape Architect t2l3tl20L5 City Commission
Filigenzi
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Annabel Delgado- Registered Architect 1213112015 City Commission 12131119
Harrington
Elizabeth Camargo Registered Architect 1213112015 City Commission 12131119
John Turchin At-Large 1213112015 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
Carol Housen
Daniel Hertzberg
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
Deborah Castillo
Wednesday, January 07, 201 5 Page 12 of 4l (Contiruted...
497
Board and Committees Current Members
Deena Bell
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Marina Novaes
Michael Steffens
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Francinelee Hand
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Matthew Krieger
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Ll/ednesday, January 07, 20 I 5 Page I3 of41
498
Board and Committees Curuent Members
Disabiliry 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 2017-373L, 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 fofth 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 20t2-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to
foufteen (14) and amended the quorum requirement.
City Liaison: Valeria Mejia
Appointments To Be Made :
2006-3500 s 2-31
Susana Maroder-Rivera
Sabrina Cohen
Wendy Unger
Vacancy:
To replace Lee
Weiss
Members:
1213112014 Commissioner Micky Steinberg
1213112014 Commissioner Ed Tobin
1213112014 Mayor Philip Levine
t2l3Ll20l4 Commissioner Jonah M. Wolfson
12t31t21
12131117
12131116
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Matthew
Oliver
Russell
New
McCauley
Orlandini
Solman
Swartz
Fuller
Bertrand
Meyer
Stern
Hartstein
TL 12t31t15 12131t2016
1213112016
1213112015
12131t2015
1213112015
1213112015
1213112015
12t31t2015
12t31t2016
1213112015
Commissioner Deede Weithorn 12131115
CommissionerJoyMalakoff 12131120
CommissionerMichaelGrieco 12131121
Commissioner Deede Weithorn 12131119
CommissionerJoyMalakoff 12131118
Commissioner Micky Steinberg 12131121
Commissioner Jonah M. Wolfson 12131121
Commissioner Ed Tobin 12131120
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131119
Ex-officio member
ll/ednesday, January 07, 2015 Page I4 of 4I (Conrinuecl....
499
Board und Committees Current Members
Applicants Position/Title Applicants Position/Title
Allison Stone
Jarred Relling
Zachary Cohen
Britta Hanson
Rafael Trevino
Page l5 of4I
500
Board und Committees Cuwent 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 Mayort 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
Appointments To Be Made :
Chad Richter
Dale Stine
Vacancy:
To replace Marivi
lglesias
Members:
1213112014 Commissioner Ed Tobin
1213112014 Commissioner Jonah M. Wolfson
1213L12015 Commissioner Deede Weithom
12131116
12131117
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cindy
David
Edison
Elizabeth
James
Jorge
Laura
Mark
Michael
Nelida
Ronald
Thomas
Brown
Leeds
Farrow
Schwartz
Weingarten
Richa
Veitia
W/ie
Bath
Barrios
Wolff
Barker
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
1213112015
1213112016
1213112015
1213112016
12t31t2016
1213112015
1213112015
Commissioner Jonah M. Wolfson 12131119
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131116
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131121
Mayor Philip Levine 12t31t17
CommissionerMichaelGrieco 12131116
Mayor Philip Levine 12131121
Commissioner Micky Steinberg 12131h7
Commissioner Deede Weithorn 121311'16
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131116
Applicants Position/Title Applicants Position/Title
Eric Hirsch
Karen Brown
Rafael Trevino
Stephen Fox, Jr.
Walker Burttschell
Jarred Relling
Otiss (Arah) Lester
Rebecca Boyce
Steven Adkins
Wednesday, January 07, 201 5 Page 16 of4l
501
Board and Committees Curuent 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
Department. 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
Appointments To Be Made :
Rachel Schuster ACLF
Dr. Stacey Kruger Physician
Anthony Japour ACLF
Dr. Jeremy Green Physician
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
Dr. Andrew Nullman Physician (TL1213112014) 1213112014 City Commission
12t31t16
12t31t16
12t31t14
12t31t16
12t31t15
Steven Sonenreich CEO/MI. Sinai/MH (NTL) 1213112014 City Commission
Vacancy:
Vacant CEO/MB Comm. Health t2l3Ll20t5 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Daniel Nixon Corporate lndividual 1213112015 City Commission 12131119
Dr. David Farcy Private lndividual 1213112015 City Commission 12131119
Dr. Todd Narson Health Provider 1213112015 City Commission 12131116
Tobi Ash Nursing Profession 1213112015 City Commission 12131115
Julie Zaharatos Rep. from the Health Council of South Fla
Maria Ruiz ex-officio, Director of Children's Affairs
Applicants Position/Title Applicants PositioniTitle
Christine Butler Dr. Michael Hall,
Dr. Richard Cuello-Fuentes Jared Plitt
Kara White Zachary Cohen
Wednesday, January 07, 20 I 5 Page 17 of41
502
Board und Committees Current Members
Health Facilities Authority Board Sec.2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
one (1) individual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute L54.207 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 Commission 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
Rachel Schuster
Zachary Cohen
w ; i
"
; ; ; ; i ; i ;;;;, ;,v " "o i ;"v o"i
Dr. David Farcy
Dr. Richard Cuello-Fuentes
Rosalie Pincus
Page 18 of41
503
Bourd und Committees Current Members
Hispanic Affairs Committee Sec. 2-190.21
Composition:
The committee shall consist of seven (7) members, with the Mayor and each Commissioner making
one (1) appointment.
City Liaison: Nannette Rodriguez
Appointments To Be Made :
Antonio Purrinos 1213112014 Commissioner Jonah M. Wolfson 12131116
Eneida Mena 1213112014 Mayor Philip Levine 12131121
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Alex Fernandez
Ana Cecilia Velasco
David Cardenas
Francis Trullenque
Veronica Camacho
1213112015 CommissionerDeedeWeithorn 12131121
1213112016 CommissionerMichaelGrieco 12131121
1213112016 CommissionerMickyStelnberg 12131121
1213112015 Commissioner Ed Tobin 12131115
1213112015 CommissionerJoyMalakoff 12131121
Applicants Position/Title Applicants Position/Title
lsrael Sands
Leonor Fernandez
Regina Suarez
ll/ednesday, January 07, 20 1 5
Josephine Pampanas
Rafael Trevino
Page 19 of4l
504
Board und Committees Current Members
Historic Preservation Board sec' 118-101
Composition:
Two (2) year term. Appointed by a minimum of 4 votes.
Seven (7) members. There shall be a member from each of the following categories:
1) A representative from the Miami Design Preservation League (MDPL) selected from three names
nominated by the League.
2) A representative from Dade Heritage Trust (DHT) selected from three names nominated by the
Trust.
3) Two at-large members who have resided in one of the City's historic districts for at least one year,
and have demonstrated interest and knowledge in architectural or urban design and the preservation
of historic buildings.
4) An architect registered in the state of Florida with practical experience in the rehabilitation of
historic structures;
5) An architect registered in the United States, a landscape architect registered in the state of
Florida, a professional practicing in the field of architectural or urban design or urban planning, each
of the foregoing with practical experience in the rehabilitation of historic structures; or an attorney at
law licensed to practice in the United States, or an engineer licensed in the state of Florida, each of
the foregoing with professional experience and demonstrated interest in historic 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 preseruation 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
Appointments To Be Made :
Dominique Bailleul At-large 1213112014 City Commission 12131116
Jane Gross Dade Heritage 1213112014 City Commission 12131/16
Josephine Manning At-large IL1213112014 1213112014 City Commission 12131114
Herb Sosa MDPL 1213112014 City Commission 12131115
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David Wieder Attorney 1213112015 City Commission 12131115
John Stuart Registered Architect 1213112015 City Commission 12131119
Wyn Bradley Faculty Membet 1213112015 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
Michael Steffens
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
Neal Deputy
Page 20 of 4I (Continued....lVednesday, January 07, 201 5
505
Board und Committees Cuwent Members
Raymond Adrian
Richard Kimball
Scott Needelman
- "fri;[;;;i;;:7 ;;;; ; ;;-67:r'oi s
Richard Alhadeff
Sam Rabin Jr.
William Lane
Page 21 of41
506
Board and Committees Curuent Members
Housing Authority Reso 7031 421'0s
Composition:
Four year appointment.
Five (5) members, appointed by the Mayor.
Appointments must be confirmed by the City Commission.
At least one (1) member shall be a resident who is current in rent in a housing project or a person of
low or very low income who resides within the housing authority's jurisdiction and is receiving rent
subsidy through a program administered by the authority or public housing agency that has
jurisdiction for the same locality served by the housing authority, which member shall be appointed at
the time a vacancy exists.
City Liaison: Maria Ruiz
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 Cabreia Tenant Commissioner 10111120'16 Bower Levine 10111118
Leonor Fernandez HA Commissioner 1011112017 Mayor Philip Levine 10111121
Peter Chavelier HA Commissioner 1011112015 Bower Levine 10t11t19
Applicants Position/Title Applicants Position/Title
Gotlinsky Barbara Prakash Kumar
Wednesday, January 07, 201 5 Page 22 of41
507
Board and Committees Curuent Members
Marine and Waterfront Protection Authority
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who
shall be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preservation of the city's
beaches and waterfronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information pertaining to the matters
before them.
AS PER ORDINANCE 2OI4-384I, NEW COMPOSMON
City Liaison: Mercedes Carcasses
Appointments To Be Made :
William Cahill
Monica Casanova
Stephen Bernstein
Vacancy:
Vacant
Members:
Sec.2-190.46
EFFECTTVE 0513U20t4:
1213112014 Commissioner Ed Tobin
1213112014 Mayor Philip Levine
1213112014 Commissioner Deede Weithorn
1213L12014 Commissioner Jonah M. Wolfson
12t31t21
12131121
121311't8
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Addison
Albert
Barbara
Christopher
Daniel
Dr. Ronald
Maurice
Morris
Robert
Sasha
Sammet
Parron
Herskowi2
Todd
Kipnis
Shane
Goodbeer
Sunshine
Schwartz
Boulanger
FL 12131t14\
Sgt. Luis Sanchez ex-officio MB Marine Patrol
12t30t2015
12t30t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2016
1213112016
1213112016
1213112015
Commissioner Deede Weithorn 1213'1121
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
CommissionerMichael Grieco 12131114
Commissioner Jonah M. Wolfson 12131116
CommissionerJoyMalakoff 12131121
Commissioner Micky Steinberg 12131119
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131118
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Eric Lawrence
Mayela Mueller
Dr. Michael Hall,
Julio Magrisso
Michael Levine
Wednesday, January 07, 2015 Page 23 of41
508
Bourd and Committees Curuent 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 section2-23(b) of the City Code. The Panel shall have
the purpose of overseeing the City's initiatives and efforts to revitalize Washington Avenue from Sth
Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to serue
for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Rogelio Madan
Members:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
Brian Falk
Eric Lavwence
Lyle Stern
Saul Gross
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
Page 24 of41
509
Board und 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
serye for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Jeff Oris
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Daniel Veitia
Margueritte Ramos
Ricky Arriola
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
Page 25 of4lll/ednesday, January 07, 201 5
510
Board and 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.
2007-3570 S 2190-
I
City Liaison: Leonor Hernandez
Appointments To Be Made :
Laura Colin
Regina Berman
Laurie Kaye Davis
Nikki Weisburd
Jessica Conn
Vacancy:
To replace
Gertrude Arfa
Members:
12131 12014 Commissioner Joy Malakoff
1213112014 Mayor Philip Levine
'1213112014 Commissioner Jonah M. Wolfson
1213112014 Commissioner Ed Tobin
1213112014 Commissioner Jonah M. Wolfson
L2l3l/2014 Commissioner Ed Tobin
12t31t21
12t31t17
12131t21
12t31t15
12t31119
Name Last Name PositionlTitle Term Ends: Appointed by:Term Limit:
Adrienne
Carrie
Debra
Dona
Dr. Corey
Francinelee
Heather
Karen
Leslie
Lindsay
Mercedes
Regina
Roberta
Tiffany
Vanessa
Krieger
Wiesenfeld
Quade
Zemo
Narson
Hand
Davis
Edelstein
Coller
Genet
Carlson
Suarez
Gould
Lapciuc
Menkes
't2131t2016
't2t3'U20't6
12t31t2015
12t31t2016
12131t2015
12131t2015
12t31t2015
12t31t2016
12t3',U2015
1213112016
12t31t2015
't2131t20'15
1213'U2015
12t31t2015
12t31t2015
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131121
CommissionerMickySteinberg 12131119
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
CommissionerJoyMalakoff 121311'16
Commissioner Ed Tobin 12131121
CommissionerMicky Steinberg 12131115
CommissionerDeedeWeithorn 12131115
CommissionerMichael Grieco 12131121
CommissionerMichaelGrieco 12131118
Commissioner Jonah M. Wolfson 12131117
CommissionerDeedeWeithorn 12131115
Mayor Philip Levine 12131117
CommissionerDeedeWeithorn 12131120
Applicants PositionlTitle Applicants Position/Title
Allee Newhoff
Britta Hanson
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Josephine Pampanas
Laura Levey
Meryl Wolfson
Monica Matteo-Salinas
Patricia Valderrama
Rocio Sullivan
Tamra Sheffman
w ;i;;; iil:'' i;," ;;i- d l,' rii (f li
Barbara Kaufman
Dale Gratz
Elizabeth Resnick
Helen Swartz
Joanna Popper
Joyce Garret
Marjorie O'Neill-Buftler
Monica Casanova
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Page 26 of4I
511
Board and Committees Cuwent Members
Miami Beach Cultural Arts Council Sec' 2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31,2001, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to 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 3L,2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Appointments To Be Made :
Gregory Melvin 1213112014 City Commission 12131115
Vacancy:
To replace Eda L2l3Ll20L6 City Commission
Valero-Figueira
To replace Zoila l2l3Ll20t6 City Commission
Datorre
To replace Alan t2l3Ll20l6 City Commission
Randolph
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Beatrice Hornstein
Charles Million
lleana Bravo-Gordon
Marjorie O'Neill-Buttler
Merle Weiss
Richard Alhadeff
Susan Schemer
1213112015 City Commission 12131115
1213112016 City Commission 12131117
1213112015 City Commission 12131119
1213112015 City Commission 12131115
1213112015 City Commission 12131117
1213112016 City Commission 12131119
1213112016 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Dale Gratz
Eleanor Ellix
Eugenio Cabreja
Janda Wetherington
Joanna Popper
Kevin Kelsick
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Richard Kimball
Vanessa Menkes
Bradley Ugent
Dr. Daniel Nixon
Elliott Alhadeff
lsrael Sands
Jenna Ward
Kara White
Marian Del Vecchio
Michael McManus
Monica Matteo-Salinas
Pedro Menocal
Sam Rabin Jr.
Wesley Castellanos
Wednesday, January 07, 2015 Page 27 of4l
512
Bourd und Committees Current Members
Miami Beach Human Rights Committee 2010'366e
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
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serue as chair of the committee.
City Liaison: Marcia Monserrat
Appointments To Be Made :
Rachel Umlas
Monica Harvey
Rafael Trevino
Amy Rabin
Bernardo Collado
Members:
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
12131/2014 City Commission
1213112014 Mayor Philip Levine
12131t18
12131118
12131116
12131119
12t31t21
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Alan Fishman Law
Bradley Ugent
lvan Cano
Walker Burttschell
William Warren Jr.
1213112015 City Commission 12131116
1213112015 City Commission 12131118
1213112015 City Commission 12131119
1213112015 City Commission 12131116
1213112015 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Andrea Travaglia
Deborah Robins
Jarred Relling
Llsa Almy
Rafael Leonor
Christine Butler
Dr. Andrew Nullman
Lisa Almy
Michael Levine
Stephen Fox, Jr.
Wednesday, January 07, 20 I 5 Page 28 of41
513
Board and Committees Current Members
Miami Beach Sister Cities Program Sec' 2-181
Composition:
The Coordinating Council is the governing body of the overall Sister Cities Program. The council shall
consist of;
one (1) representatives per Sister City affiliation and ,
nine (9) other members. All of these members are appointed by the mayor. The members of the
coordinating council shall be persons who are interested in furthering the purpose of the program.
Any person interested in furthering the purpose of the program may become a member of an
individual sister city committee upon approval by the coordinating council. To qualify, the person
shall present a resume and a letter of interest to the committee chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2)
years. City Liaison: Desiree Kane
Appointments To Be Made :
Joyce Garret lca, Peru 1213112014 Mayor Philip Levine 12131121
Omar Caiola other 1213112014 Mayor Philip Levine 12131121
Kristen Rosen Gonzalez other 1213112014 Mayor Philip Levine 12131121
George Neary other 1213112014 Mayor Philip Levine 12131116
Howard Weiss other 1213112014 Mayor Philip Levine 12131121
Guy Simani Rio de Janeiro, Brazil 1213112014 Mayor Philip Levine 12131121
Samantha Bratter other 1213112014 Mayor Philip Levine 12131121
Maria Maltagliati Fortaleza, Brazil 1213112014 Mayor Philip Levine 12131121
Lidia Resnick Santa Marta, Colombia 1213112014 Mayor Philip Levine 12131121
Jacquelynn Powers Nahariya, Israel 1213112014 Mayor Philip Levine 12131121
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carolyn Baumel Brampton, Canada 1213112015 Mayor Philip Levine 12131121
Deborah Robins Almonte, Spain 1213112015 Mayor Philip Levine 12131121
Faye Goldin Basel, Switzerland 1213112015 Mayor Philip Levine 12131121
Harvey Burstein Fujisawa, Japan 1213112015 Mayor Philip Levine 12131121
Jessica Londono other 1213112015 Mayor Philip Levine 12131121
Lisa Desmond other 1213112015 Mayor Philip Levine 12131121
Magui Benitez other 1213112015 Mayor Philip Levine 12131121
Michelle Ricci Pescara, ltaly 1213112015 Mayor Philip Levine 12131121
Monica Fluke other 1213112015 Mayor Philip Levine 12131121
Nuccio Nobel Cozumel, Mexico 1213112015 Mayor Philip Levine 12131116
Applicants Position/Title Applicants Position/Title
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsrael Sands
Joseph Hagen
Lila lmay
Rebecca Boyce
Tamra Sheffman
*ii;;;;;;;;,"iffiffi;;ffi
,'roi';
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Page 29 of 4l (Continued....
514
Board and Committees Cuwent Members
Wesley Castellanos
't/;i;;;;i;;,:i;;;;,yAi;;'triT--*"
Page 30 of41
515
Board and Committees Cuwent Members
Parks and Recreational Facilities Board sec'2-'t71
Composition:
The Parks and Recreational Facilities Board shall be comprised of thirteen (13) voting members:
Seven (7) direct appointments made by the Mayor and each commissioner.
Six (6) at-large appointments as follows:
Youth Center: Two (2) members having an affiliation with the city's youth centers, with one
member affiliated with the Scott Rakow Youth Center, and one member with the North Shore Park
Youth Center.
Golf: Two (2) members who have demonstrated a high degree of interest, participation 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 participation 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
Appointments To Be Made :
Paul Stein
Chris Growald Tennis
Leslie Graff
Harriet Halpryn
1213112014 Mayor Philip Levine
1213112014 City Commission
1213112014 Commissioner Ed Tobin
12131t21
12131t21
12131115
Stephanie Rosen No. Shore Park Youth Ct. 1213112014 City Commission
1213112014 Commissioner Jonah M. Wolfson 12131115
12131119
12131119Ronald Krongold Golf
Members:
1213112014 City Commission
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dana Turken Scott Rakow Youth Ct. 1213112015 City Commission 12131119
David Berger Tennis 1213112015 City Commission 12131119
Eliane Soffer 1213112015 Commissioner Michael Grieco 12131121
Jenifer Caplan Golf 1213112015 City Commission 1213'1119
Jonathan Groff 1213112016 Commissioner Deede Weithorn 12131117
Lee Zimmerman 1213112015 Commissioner Joy Malakoff 12131121
Lori Nieder 1213112015 Commissioner Micky Steinberg 12131121
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
ll'ednesday, January 07, 201 5 Page 31 of 4I (Contirued...
516
Board and Committees Current Members
Mojdeh Khaghan
Sam Rabin Jr.
Wesley Castellanos
Nawaz Gilani
Tiffany Heckler
iii;{;;;;ffi T;trffi'trY:;trf i Page 32 of4l
517
Bourd and Committees Current Members
Personnel Board Sec' 2'1eo'66
Composition:
Ten (10) members appointed by a 5/7 vote.
Six (6) of which shall be citizens of Miami Beach not in the employment of the city, each having a
different vocation;
and three (3) regular employees of the City of Miami Beach, to be elected by the probationary and
regular employees of the city and who shall be elected from the employees of regular status in the
respective groups:
Group I shall consist of the employees of the Police Department, Fire Department
and Beach Patrol Department,
Group II shall consist of employees who are in clerical and executive positions,
Group III shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Appointments To Be Made :
Mojdeh Khaghan 1213112014 City Commission 12131116
Gabriel Paez 1213112014 City Commission 12131115
Lori Gold 1213112014 City Commission 12131118
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
lvette lsabel Borrello
Matthew Krieger
Rosalie Pincus
Alex Bello eleded7l3U2014 exp. 7131120L7 Group I
Eduardo Carranza elededBl29l2014 exp. 0713U2016 Group II
Evette Phillips eleded 710912012 exp. 7|3U2OL5 Group III
Sylvia Crespo-Tabak Human Resources Director
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission 12131115
4ffI"Tq _ P_,_'i!,,{rill:
Christine BuUer
Michael Perlmutter
Richard Preira
Applicants Position/Title
Dr. Elsa Orlandini
Nancy Wolcott
Wednesday, January 07, 201 5 Page 33 of4l
518
Board und 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 preservation issues" shall be a person
who meets one or more of the following criteria:
A) Has earned a college degree in historic preseruation;
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
Appointments To Be Made :
Frank Kruszewski General Business 1213112014 City Commission 12131118
Jean-Francois Lejeune Architect 1213112014 City Commission 12131117
Jack Johnson Historic Preservation 1213112014 City Commission 12131118
Members:
Name Last Name PositionlTitle Term Ends: Appointed by: Term Limit:
Brian Elias General Business 1213112015 City Commission 12131119
Jeffrey Feldman Developer 1213112015 City Commission 12131119
Jonathan Beloff Attorney 1213112015 City Commission 12131115
Randolph Gumenick General Business 1213112015 City Commission 12131119
llr_ti:llt: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
llednesday, January 07, 2015 Page 34 of 4l (Contiruted..
519
Board und Committees Current Members
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Suzanne Hollander
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Seth Frohlich
Wednesday, January 07, 201 5 Page 35 of4l
520
Board and Committees Current Members
Police Citizens Relations Committee Sec.2-190.36
Composition:
The committee shall consist of fourteen (14) voting members. The members shall be direct
appointments with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the committee shall have knowledge of and interest in
Police Community Relations and their impact on the City of Miami Beach. Recommendation for
appointment to all voting and nonvoting membership selected by the Mayor and Commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the
Dade Action Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the
League of Women Voters and the other organizations deemed appropriate.
City Liaison: Chief Daniel J. Oates
Appointments To Be Made :
Daniel Aronson
Melissa Broad
Jordan Nadel
Steven Oppenheimer
Vacancy:
To replace
Alejandro
Dominguez
Members:
1213112014 Commissioner Micky Steinberg 12131121
1213112014 Commissioner Ed Tobin 12131121
1213112014 Commissioner Michael Grieco 12131121
1213112014 Commissioner Jonah M. Wolfson 12131117
L213L12015 Mayor Philip Levine
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Antonio
Bruce
Jared
Meryl
Michael
Nelson
Robert
Tiva
Walter
Hernandez Jr.
Reich
Ptitt
Wolfson
Perlmutter
Gonzalez
Lopez
Leser
Lucero
12t31t2016
12t31t2015
12131t2015
1213112016
12131t2016
12131t2015
1213112015
1213112015
12t31t2015
CommissionerJoyMalakoff 1213112'l
Commissioner Micky Steinberg 12131121
Commissioner Deede Weithorn 12131115
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131120
Commissioner Ed Tobin 12131115
Mayor Philip Levine 12131121
Commissioner Jonah M. Wolfson 12131121
Commissioner Deede Weithorn 12131119
Applicants Position/Title Applicants Position/Title
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
lrene Valines
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
ll'ednesday, January 07, 2015
Daniel Nagler
Eric Lawrence
Heather Davis
Joseph Hagen
Larry Colin
Lee Zimmerman
Lori Gold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Richard Preira
Zeiven Beitchman
Page 36 of4l
521
Board and Committees Curuent Members
Production Industry Council sec' 2'71
Composition:
The council shall consist of seven (7) voting members, the Mayor and each Commissioner shall make
one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and
or recording industries of the city.
Each of the six (6) industries shall be represented by at least one member, but no more than three
(3) members, who are directly involved with that industry.
City Liaison: Graham Winick
Appointments To Be Made :
Aleksandar Stojanovic Production 1213112014 Mayor Philip Levine 12131121
Bruce Orosz Fashion 1213112014 Commissioner Ed Tobin 12131115
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Belkys Nerey Production
Daniel Davidson Fashion
Joanna Popper News Media
1213112015 CommissionerDeedeWeithorn 12131118
1213112016 CommissionerMichaelGrieco 12131121
1213112016 CommissionerJoyMalakoff 12131121
Joanna-Rose KraviE Recording lndustry 12131120'15 Commissioner Micky Steinberg 12131121
Noreen Legault-Mendoza TV/Film 1213112015 Commissioner Jonah M. Wolfson 12131117
Applicants PositioniTitle Applicants Position/Title
lrene Valines Samantha Bratter
Wednesday, January 07, 201 5 Page 37 of4l
522
Bourd 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
Appointments To Be Made :
Michael DeFilippi
Members:
1213112014 Commissioner Ed Tobin 12131121
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
Vincenti
Hart
1213112016
12t31t2015
12t31t2015
12t3112015
1213112015
1213112016
1213112015
CommissionerJoyMalakoff 12131121
Mayor Philip Levine
CommissionerMickySteinberg 12131120
Commissioner Deede Weithorn 12131115
Commissioner Jonah M. Wolfson 1213'1115
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Amy Rabin
Jenifer Caplan
Russell Hartstein
Andrea Travaglia
Marivi lglesias
Walker Burttschell
lltednesday, Jan ua ry 0 7, 2 0 1 5 Page 38 of41
523
Bourd und Committees Current Members
Transportation, Parking, Bicycle-Ped. Fac. Comm. sec' 2-1e0'el
Composition:
Committee shall consist of foudeen (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,
5) 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 ORDTNANCE 2014-384L, NEW COMPOSION EFFECTTVE 0513U207a:
City Liaison: Saul Frances
Appointments To Be Made :
Hector Fontela
Vacancy:
To replace Maria
Mayer
To replace Eric
Ostroff
Members:
Member Lincoln Road M
1213112014 Mayor Philip Levine
1213U2015 Commissioner Ed Tobin
t2/3t12014 Commissioner Deede Weithorn
12t31t21
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Deborah Ruggiero
Ray Breslin
Scott Diffenderfer
Seth Wasserman
Al Feola Member Ocean Drive Association
1213112016 CommissionerMickySteinberg 12131121
1213112015 CommissionerJoyMalakoff 12131121
1213112015 Commissioner Jonah M. Wolfson 12131115
1213112015 CommissionerMichaelGrieco 12131116
Delvin Fruit Member MBNA
Jo Asmundsson Member MBCDC
Madeleine Romanello Member MBCC
Mark Weithorn Member NBDC
William "Bill" Hahne Member MDPL*'iii;f ;;;;i;;:);;;;ffi7TTrir Page 39 of 4l (Continued....
524
Board und Committees Current Members
Applicants Position/Title Applicants Position/Title
Allison Stone
Lila lmay
Lisa Almy
Mayela Mueller
Robert Lopez
Leif Bertrand
Lindsay Genet
Lisa Almy
Rafael Leonor
Page 40 of41
525
Board und Committees Cuwent 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.
Appointments To Be Made :
Margaret (Peggy Benua Hotel lndustry 1213112014 City Commission 12131117
Aaron Perry At-Large 1213112014 City Commission 12131116
Steven Adkins At-large (Tl 1213112014) 1213112014 City Commission 12131114
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adrian Gonzalez At-Large
Daniel Hertzberg Allarge
Stephen Hertz At-Large
Tim Nardi Hotel lndustry
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Seth Feuer
Wednesday, January 07, 2015 Page 4I of41
526
Gity Gommission Gommittees
Cmmittm Pmlthr ffrt ilam
Finance & Citywide Projects Committee
Flooding Mitigation Comm ittee
Chairperson Commissioner Jonah Wolfson
Vice-Chair Commissioner Michael Grieco
Member Commissioner Joy Malakoff
Land Use & Development Commiftee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Michael Grieco
Patricia Walker, CFO
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
Commissioner Joy Malakoff
Vania Pedraja, City Manager's Office
Chairperson
Vice-Chair
Member
Alternate
Liaison
Alternate
Liaison
Chairperson
Vice-Chair
Member
Alternate
Liaison
tppofrrtgil ny
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
Mayor Levine
Neighborhood/Community Affairs Committee
Wednesday, January 07, 201 5
527
19ltt. ?0|:
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
o FIU Wolfsonion Advisory Boord
Victor Dioz
. Miomi-Dode County Chorter Review Tosk Force
Ricky Arriolo, Richord Milstein ond Lorry Colin. The Adrienne Arsht center for the Performing Arts Center Trust
Christine A. Gudqitis ond Bqrboro Herskowitz. Public Librory Advisory Boord
VACANT:
o Citizens' Oversight Committee/lnterlocol Agreement for Public School Focility
Plonning MDC
o 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 Porkso Miomi-Dode County Leogue of Cities. Miomi-Dode County Tourist Development Councilo Notionol Leogue of Cities
. South Florido Eost Coost Corridor Coolition
. U.S. Conference of Moyors
F:\CLER\BOARD AND COMMITTIES DATABASE\NON CITY COMMISSIONS MASTER\Non-City Commission As Of January 20.l5.Dod
528
r--. --.,
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City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of tVlitV Commission
FRoM: Rafael E. Granado, City Clerk (Al
IDATE: January 14,2015
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - Clry COMMISSION APPOINTMENTS
ADMINISTRATION 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
L Affordable Housing Advisory committee (current Vacancies: 5)
Vacant Categories:
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
o One citizen who is actively engaged as an advocate for low-income persons in
connection with affordable housing.
. One citizen who is actively engaged as a not-for-profit provider of affordable housing.
o 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.
F:\CLER\BOARD AND COMMITTIES DATABASE\Miscellaneous\Commission Memo B & C FOR January 1a Agenda ltem R? A IMEETING'docx '
Date /-/./'/ .,-529
3. Health Advisory Commiftee (Current Vacancies: 1)
Vacant Categories:
o one cEo from Miami Beach community Health center/designee.
4. Miami Beach Gultural Arts Gouncil (Current Vacancy: 3)
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants haveactually been nominated. The Agenda-Agenda Archives website is located at:
http://m iam ibeachfl. qov/citvclerUscrol l. aspx?id=7796 1
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.oov; and under the City Clerk section, located on the bottom right hand sideof the webpage, click on the "Agenda Archives" link; thereafter choose thL first listed
commission meeting and click on city commission At-Large Nominations.
JM/REG
F:\CLER\BOARD AND COMMITTIES DATABASEWiscellaneous\Commission Memo B & C FOR January 14 2O1S COMMTSSIONMEETING.docx
530
R9 - New Business and Commission Requests
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM Rq B FL
DArE t-l({-l-s
531
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532
R9 - New Business and Gommission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Agenda ltem RQ C
Date l-lV-lf533
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534
b:MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive. Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM
Mayor Philip Levine and
Jimmy Morales, City Manager
DATE: January 14,2015
SUBJECT: REPORT FROM THE P BOARD REGARDING CHANGES TO THE
PERSONNEL RULES FOR THE CLASSIFIED SERVICE ADOPTED
DECEMBER 12,2014
Backsround
ln 2011, the Personnel Board undertook the task of reviewing the Personnel Rules for the
Classified Service at the City of Miami Beach. Amendments to the Personnel Rules are
governed by Section 14 of Article lV, entitled "Civil Service System", of the Related Special
Act, passed bythe State legislature, which states, in part, that "... afterAugust 1, 1g51, the
Personnel Rules and amendments thereto shall not be subject to approvat by [the] City
Commission. No amendments thereto shall be adopted untilthirty days after a copy of such
amendment shall have been submifted to the City Manager and to a representative of each
of the three groups refened to in Section 4 [12], ..."
At the December 16,2011, Personnel Board meeting, Moj Khaghan Danial, then an
Associate Member and today the Vice Chairperson, assumed responsibility for chairing a
subcommittee tasked with reviewing the Personnel Rules for the Classified Service and
making recommendations to the Board. The subcommittee was open to all Board members
to participate based on their availability and interest. Meetings were noticed properly and
Susan Potter Norton of Allen Norton and Blue was tasked by the City Attorney to serve as
the subcommittee's legal advisor.
The subcommittee approached its task with the following guiding principles in mind: (1) all
meetings were open to the public; (2) the Civil Service Act was to be referenced throughout
the process to ensure compliance; (3) information was to be gathered from staff to identify
outdated and current practices; (4) guidelines no longer applicable or appropriate were to
be deleted and (5) the final product was to be more concise and easier to understand. The
Personnel Board, a ten-member board, is currently comprised of the following members:
Gabriel Paez, Chairperson; Moj Khaghan Danial, Vice Chairperson; Alex Bello, Employee
Member; lvette Borello, Associate Member; Eddie Caffanza, Employee Member; Lori Gold,
Associate Member; Matthew Krieger, Associate Member; Rosalie Pincus, Associate
Member; and Evette Phillips, Employee Member. The Human Resources Director, Sylvia
Crespo-Tabak, is the Board's tenth, non-voting, member and secretary and the Board's
legal advisors are Don Papy and Robert Rosenwald from the City Attorney's Office.
On September 30, 2013, the subcommittee presented its recommendations to the
Personnel Board at its regularly scheduled meeting. At the end of the meeting Mr. Paez
We ore commiffed to providing excellent public service ond sofety to oll who live, work, ond ploy in our vtbront, tropicol, hisroric cammunify.
Agenda ttem RQD
Date l-/t{_lY535
Report from the Personnel Board Regarding Changes to the Personnel Rules for the Classified Service Adopted
December 12,2014
Page 2
January 14,2015
asked the secretary to circulate the proposed revisions. Pursuant to the Chairman's
request, on Octobet 16,2013, the proposed revisions were discussed with the Committee
of the Whole, circulated to employee members and also to the leadership of the different
bargaining units.
On October 25, 2013, the City Manager communicated the Administration's
recommendations for the Boards consideration, on two specific issues: (1) Appointments to
the Classified Service, and (2) Suspensions where the Board proposed to require the
Human Resources Director to determine that an indictment of information of charges be job
related prior to suspending an employee.
After numerous meetings and discussions, the Personnel Board elected not to revise the
language regarding appointments to the classified services. Furthermore, in Rule X,
Section 5, Suspensions, the Board retained the requirement that the Human Resources
Director determine that an indictment of charges be job related prior to an employee being
suspended.
A copy of the Personnel Rules was presented to the City Manager on December 12,2014.
While not a requirement, the Personnel Board also requested that a report of the amended
rules be presented to the Mayor and City Commission. Attached is a copy of the amended
Rules and a summary of the changes is provided below.
Summarv of Ghanqes
Rule I - General Provisions
There are a number of editorial changes in the section, some of which simply clarify
language and intent.
Of note are the following:
. Section 1 - new language in the first paragraph. "These Rules Provide specific
Regulations on daily personnel matters. These Rules will govern in resolving
personnel problems but cannot be so precise or complefe as fo address every
e m ploym ent situ ation. "
o Section 2 - Specifies that the Rules do not apply when they conflict with provisions
in a collective bargaining agreement.
Section 3-
. Updates the prohibition against unlavyful discrimination. Requires advanced written approval for outside employment or gainful
occupation
Restricts dual part-time employment with the city to 29 hours, absent
specific approvalto the contrary by the Human Resources Director
lncludes individuals who reside together and domestic partners in the
prohibition of family members living together and being employed in the
same division where one supervises or evaluates the other
536
Report from the Personnel Board Regarding Changes to the Personnel Rules for the Classified Service Adopted
December 12,2014
Page 3
January 14,2015
o Section 4 - Advises employees who know of violations and fail to report that they
shall also be subject to disciplinary action
o Section 5 - lncorporates language formerly in section 9, which requires that the City
Manager and employee representatives have at least 30 days to review proposed
amendments to the Rules before the Personnel Board can approve them. Also
requires notice to presidents of each collective bargaining unit at least 30 days prior
to Personnel Board approval
. Section 8 - almost every term was redefined with the goal of making their meaning
more clear
Rule ll - The Code of Ethics
This section is completely new and written to give employees a clear understanding of the
ethical standards to which they will be held. When references are made to information
contained in other documents such as the City of Miami Beach Code of Ordinances and the
Florida Code of Conduct for City Officers, language is incorporated into the Rules by
reference and attached thereto as exhibits.
o Section 2 - Sets forth the code of ethics
o Section 3 - Addresses the prohibition regarding acceptance of gifts
. Section 4 - lnforms employees they must abide and uphold the Citizens' Bill of
Rights
. Section 5 - Sets forth the duty to report known or potential violations of law or ethics
o Section 6 - Sets forth the duty to self-report
o Section 7 - Sets forth the consequences of failing to report, as required
Rule lll - The Classification Plan
New language in Section 2 states that when new classifications are created or there are
other amendments to the classification plan, these shall be adopted according to the same
procedures established for the original adoption of the plan as set forth in Section 10,
Article lV of the Civil Service Act.
Rule lV - The Compensation Plan
Revisions to this Rule are mostly editorial in nature meant to clarify
Rule Vl - Applications and Examinations
Revisions in this Rule are mostly editorial in nature, to recognize changes in technology by
removing the requirement to announce openings in a newspaper of general circulation and
acknowledging the use of email as a common communication method
537
Report from the Personnel Board Regarding Changes to the Personnel Rules for the Classified Service Adopted
December 12,2014
Page 4
January 14,2015
ln Section 5, the reasons for which the Human Resources Director may refuse to examine
an applicant, remove an applicant from an eligible list or refuse to certify an appointment
were expanded significantly
Of significance in the Section of the Rules, is the deletion of provisions and procedures that
permitted a former employee dismissed for cause to apply to the Personnel Board for
reinstatement to an eligible list
Rule Vll - Elioibilitv Lists
Revisions to this Rule are mostly editorial in nature
Rule Vlll- Method of Fillino Vacancies
Revisions in this section of the Rules are mostly editorial in nature, re-written to reflect
actual practices such as eliminating the appointing officer's ability to specify an applicant's
gender pursuant to a bona fide occupational requirement
The section addressing re-appointments after disability retirement was deleted
Rule lX - Probationarv Period
Revisions to the Rule are mostly editorial in nature eliminating the Captain of Police as a
classified service position, which it is not
Rule X - Disciplinarv Action
The contents were revised and the sequence in which they appear changed. First there is
a description of the grounds for disciplinary action, and then the types of action are
described in ascending order of severity.
. Section 3 - Refines the procedure by which an appointing authority may reduce an
employee's pay and recognizes the right of non-bargaining unit, classified service
employees to appeal the reduction to the Personnel Board
o Section 4 Recognizes the right of non-bargaining unit, classified service
employees to appeal demotions to the Personnel Board
o Section 5 - Adds the requirement that the Human Resources Director determine
that the indictment information of charges are job related
Rule Xl - Transfers. Assionments. and Promotions
Revisions to this Rule are mostly editorial in nature
Rule Xll - Resionations and Lavoffs
Adds the provision that employees who resign in lieu of termination are subject to
disqualification from re-employment
538
Report from the Personnel Board Regarding Changes to the Personnel Rules for the Classified Service Adopted
December 12,2014
Page 5
January 14,2015
Rule Xlll - Appeals for Disciplinarv Action
. Section 1 - Requires that written notice be given to the employee and deletes the
provision that written notice can be given 30 days after the action; adds "pending
investigation for disciplinary action" as a reason to release employee from duty;
deletes the extension of up to 60 days before written notice has to be given to the
employee which was presumably after the disciplinary action was taken
. Section 2 - Specifies the time frame and procedure for a non-bargaining unit,
regular, classified service employee to appeal any disciplinary action to the
Personnel Board
. Section 3 - Details the procedures for scheduling the hearing, continuance of the
hearing, production of documents and witnessed, the burden of proof, conduct of
the hearing, submission of facts and conclusions of law, and ruling by the Personnel
Board
Rule XV - Performance Evaluations
ln Section 3, the rules specify that employees may appeal performance evaluations
where the overall score is less than 60 thereby eliminating the right to appeal
individual performance factor ratings below 5
Rule XVI - Special Citv Awards
The Rule was updated to reflect the current awards presented by the City to employees
Rule XVll- Emplovee Trainino
Revisions to this Rule are mostly editorial in nature
Rule XVlll- Medical and Phvsical Standards
Revisions to this Rule are mostly editorial in nature
Attachment
a)
;d)
JLM/Kgi$lSC-r
T:\AGENDA\2O1suanuary\Human Resources\Report - Changes to the Personnel Rules for the Classified Service.docx
539
RULE I.
ATTACHMENT
CITY OF MIAMI BEACH, FLORIDA
PERSONNEL RULES
Approved by the Personnel Board February 20,1939
Adopted by the City Council March 8, 1939
AS AMENDED OCTOBER, 1998
AS AMENDED APRIL,2OOT
AS AMENDED AUGUST,2OO5
AS AMENDED DECEMBER I2,2OI4
GENERAL PROVISIONS
1. Purpose of Rules ..........5
2. Positions Covered by Rules ....................5
3. Prohibitions and Restrictions ............... .....................5
4. Violation of Rules .................7
5. Amendment of Ru1es................ ...............8
6. Administrative Regulations ............... .......................8
T.AssistantHumanResourcesDirector.... ....................8
8. Definitions.............. ................8
THE CODE OF ETHICS
1. Purpose ..............16
2.The Code of Ethics........... ..................... 16
3. Prohibition on Gifts......... ......................17
4. Standard of Conduct ............18
5. Duty to Report ........18
6. Duty to Self Report............. ...................18
7. Failure to Report .................19
THE CLASSIFICATION PLAN
1. Purpose .......-.-.-.21
2. Classification Specifications Interpreted ................21
3. Allocation to Classification .............-....22
4. Maintenance of the Classification Plan ...................23
5. Amendment of the Plan ......... ...............23
THE COMPENSATION PLAN
1. Purpose ..........-..24
2.Preparution, Approval and Amendment of the
Compensation Plan .............24
3. Effect of the Plan... .............24
Amended December 12, 201.4
Personnel Rules
RULE II.
Section
Section
Section
RULE III.
RULE IV.
Section
540
RULE V.
Section
RULE VI.
Section
RULE YII.
Section
RULE VIIL
Section
RULE IX.
4. Administration of Compensation Plan ......... ..........24
CERTIFICATION OF PAYROLLS
1. Certification ........... .............26
2. Refusal to Certify ..-.............26
3. Illegal Appointment ............. .................26
APPLICATIONS AND EXAMINATIONS
1. Scope of Examinations........... ..............27
2. Notice of Examinations ......... ...-.-........27
3. Qualification Requirements of Applicants ...............................28
4. Applications.......... ..............28
5. Disqualification of Applicants ............... ...........-.....28
6. Promotional Examinations ..-................29
7. Non-Competitive Examinations............. .................29
8. Conduct of Examinations ......... ............29
9. Rating of Examinations ......... ...............30
10. Notice of Results of Examination ............ .............31
11. Preservation of Work of Applicants .....................31
12. Postponement and Cancellation of Examinations ......... ......... 32
ELIGIBILITY LISTS
1. General Provisions ..............33
2. Re-Employment Lists......... ...................34
3. Transfer List........... .............34
4. Original Entrance Lists ......... ................35
5. Promotional Lists ................36
6. Certihcation of Eligible List.... ..............36
7. Restoration of List ..............37
8. Other Re-Employment/Employment..... ..................37
METHODS OF FILLING VACANCIES
1. Types of Appointments ......... ...............38
2. Notice to Human Resources Director .....................38
3. Certification of Eligibles ........ ..............38
4. Appointments .....................39
5. Emergency Appointments .......... ..........39
6. Substitute Appointments ......... .............39
7. Appointment to Unclassified Service .....................40
PROBATIONARY PERIOD
1. Purpose ............ 42
2 - Amended December 12,20L4
Personnel Rules
Section
541
RULE X.
Section
RULE XI.
Section
RULE XII.
Section
RULE XIII.
Section
RULE XIV.
2. Disciplinary Action, Suspension, Rejection or Removal During
Probationary Period -...........42
3. Reports During the Probationary Period ................42
4. Regular Appointment After Probationary Period ..................... 42
5. Probationary Period After Having Attained
Regular Status .....................44
6. Absences During Probationary Period .-.................44
7. Non-Applicability of Part-Time Service .................46
DISCIPLINARY ACTIONS
1. Purpose ...-.-........47
2. Grounds for Disciplinary Action............... ..............47
3. Reduction in Pay.... ..............52
4. Demotions.............. ..............53
5. Suspensions .......... ...............54
6. Remova1s.............. ...............55
TRANSFERS, ASSIGNMENTS, PROMOTIONS
1. Transfers ............... ..............56
2. Out of Classification Assignments ........56
3. Promotions ............. ..-..........57
RESIGNATIONS AND LAYOFFS
1. Resignations .......... ..............58
2. Layoffs. ..............58
APPEALS FROM DISCPLINARY ACTIONS
1. Rights of Regular Employees ................62
2. Request for Appeals Hearing ..........-.....62
3. Appeals Hearing for Disciplinary Action by Regular
Employees .........63
4. Failure of Parties to Appear ..................65
5. Resignation Before Hearing .................65
6. Compensation When An Employee Prevails .........65
T.Participation in Examinations When An Employee Prevails ...65
ATTENDANCE, LEAVE, AND ABSENCE
1. Attendance ............. ............ 66
2. Reports of Absence .............66
3. Medical Examinations Following Absence ............67
4. Leaves Without Compensation ........... ....................67
3 - Amended December 12,20L4
Personnel Rules
Section
542
RULE XV.
Section
RULE XVI.
Section
RULE XVII.
Section
RULE XVIII.
PERFORMANCE EVALUATIONS
1. Purpose ..............68
2. Evaluators.............. ..............68
3. Request for Appeals Hearing.. ...............69
4. Appeals Hearing from Perfonnance Evaluation ......69
5. Failure of Parties To Appear ................-71
5. Performance Evaluation ........ ...............72
SPECIAL CITY AWARDS
1. Purpose ..............73
2. Special City Awards ............... ..............73
3. Employee of the Year Award............... ...................13
4. Nominations and Selections ..................74
EMPLOYEE TRAINING
1. New Employee Training.... ....................75
2. In-Service Training .............75
3. Other Training .........75
MEDICAL AND PHYSICAL STANDARDS
Section 1. Applicants for
2. Employees
4 - Amended December 12,201-4
Personnel Rules
76
76
543
RULE I. GENERAL PROVISIONS
SECTION 1: PURPOSE OF RULES: These Rules are adopted pursuant to Section 2 ar:d
Section 6 of AN ACT CREATING A CIVL SERVICE SYSTEM FOR CERTAIN OFFICERS
AND EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA, for the turtherance of
personnel activities and transactions on the sole basis of merit and competence in the best
interests of the City and without regard to personal, political, or other extraneous matters.
These Rules provide specific Regulations on daily personnel matters. These Rules will govem
in resolving personnel problems, but cannot be so precise or complete as to address every
employment situation.
SECTION 2: POSITIONS COVERED BY RULES: These Rules apply to all Positions in the
Classified Service of the City, except as herein otherwise stated, provided, however, a provision
herein will not apply to a Position covered by a collective bargaining agreement if the provision
herein is in conflict with the expressed written provisions of the collective bargaining agreement
covering that Position.
SECTION 3: PROHIBITIONS AND RESTRICTIONS: The following, and such other acts
or activities as are determined to be detrimental to the best service to the City, and as specified
in Administrative Regulations, shall be prohibited:
(a) DISCRIMINATION: No person in the Classified Service of the City or seeking
admission thereto shall be appointed, promoted, removed, or in any way favored or
discriminated against because of political or religious opinions or affiliations, race, color,
national origin, gender, gender identity, sexual orientation, marital and familial status,
religion or age, a disability where the individual can perform the essential functions of
the job with or without reasonable accommodation, or other non-merit factors. No
question in any examination, application form, other personnel proceedings, or by any
Appointing Authority or supervisor shall be so framed as to attempt to elicit information
concerning any of the above. Any person seeking admission to the Classified Service or
any employee in the Classified Service, regardless of employment status, who believes
that he or she has been discriminated against in violation of this Section, shall have a
right to report such violation to the Human Resources Director or the City Manager.
(b) POLITICAL ACTMTY: No person who holds a Position in the Classified
Service of the City shall:
1. Use official authority or influence for the purpose of interfering with an
election, a nomination to office, coercing or influencing another person's vote, or
affecting the result thereof; or
2. Directly or indirectly coerce or attempt to coerce, command or advise any
other officer or employee to pay, lend, or contribute any wage, kick back any sum
of money, or anything else of value to any party, committee, organization,
agency, or person for political purposes.
5 - Amended December t2,201.4
Personnel Rules
544
3. Nothing contained in this Subsection shall be deemed to prohibit any
person in the Classified Service from expressing opinions on any candidate or
issue, or from participating in any political campaign while off-duty, so long as
such activities are not in conflict with the provisions of subsections (1) or (2) of
this subsection or Rule II, The Code of Ethics herein.
(c) ABUSE OF INFLUENCE: No person shall comrptly use or promise to use or
endeavor to comrptly use or obtain, either directly or indirectly, any authority or
influence in order to secure or aid oneself or any other person in securing any office,
employment, Promotion or increase in compensation as a reward for such influence. No
person shall threaten or coerce, induce or seek to induce anyone to resign from a Position
or waive a right to Certification, Appointment or Promotion.
EMPLOYMENT RESTRICTIONS :
1. No person who holds a Position in the Classified Service of the City shall
engage in any other employment or pursue any other gainful occupation than
employment with the City except as formally approved in advance, in writing by
the Appointing Authority and the City Manager.
2. Subject to written approval from the City Manager or a designee, any
person may be appointed to more than one part-time Position in the service of the
City provided that the work hours do not conflict and the total does not exceed
twenty nine (29) hours in any week, provided further however, that the Human
Resources Director may approve hours in excess of twenty nine (29) on a weekly
basis.
3. Individuals who are related by blood, marriage or other legal action, who
live in a domestic partnership, or otherwise comprise a family unit or who reside
in the same residence, shall not hold any positions in the same division within the
same department where one evaluates or supervises the other.
4. No officer or employee in the Classified Service of the City shall continue
in such position after becoming a candidate for nomination or election to any
public office.
SECTION 4: VIOLATION OF RULES: Violation of or permitting the violation of any of the
provisions of these Rules shall be just cause for discipline, including Removal. Any person
found to have violated these Rules also shall be subject to the penalties prescribed in the Civil
Service Act, if applicable, for violation of any of the provisions of the Act. Employees who
know of violations and fail to report them are subject to the same aforementioned penalties.
SECTION 5: AMENDMENTS OF RULES: Amendments and revisions of these Rules shall
be initiated by the Human Resources Director and/or the Personnel Board. Amendments shall
be adopted according to the procedure established by the Civil Service Act. The City Manager
and Employee Members of the Personnel Board shall have no less than thirty (30) days to
review any proposed amendments of these Rules before the proposed amendments are
6 - Amended December 12,2074
Personnel Rules
(d)
545
submitted for vote to the Personnel Board for its approval. Notice shall also be provided to the
President of each of the collective bargaining representatives thirty (30) days before the
proposed amendments are submitted for vote to the Personnel Board for its approval.
SECTION 6: ADMINISTRATM REGULATIONS: The Human Resources Director may
recommend any amendment, revision, or rescission to the Administrative Regulations as
deemed appropriate. The Administrative Regulations shall not conflict with the Civil Service
Act or these Rules.
SECTION 7: ASSISTANT HUMAN RESOURCES DIRECTOR: The Human Resources
Director may designate an officer or employee as Assistant, who shall be empowered to perform
such duties as the Human Resources Director may require.
SECTION 8: DEFINITIONS: For the purpose of these Rules, certain terms, phrases, and
words and their derivatives shall be construed as defined in this Section. Any terms, phtases,
and words not herein defined shall be construed by the Personnel Board. Words used in the
singular shall include the plural, and vice versa; words used in the masculine gender shall
include the feminine, and vice versa. Whenever aParagraph, Section, or Rule is referred to, it
shall be understood to refer to a Paragraph, Section or Rule of these Rules unless specifically
stated otherwise.
(a) ADMINISTRATIVEREGULATIONS: "AdministrativeRegulations"means
the City's Policies and Procedures and Work Rules.
(b) ADVANCEMENT: "Advancement" means a salary or wage increase within an
arranged schedule or established pay range for a Classification made without an
examination.
(c) APPOINTING AUTHORITY: "Appointing Authority" means the person in a
department or a unit of the City who is empowered to make employment decisions.
(d) APPOINTMENT: "Appointment" means placement to a Classified Position,
including hiring, Demotion, Promotion or Transfer.
l. EMERGENCY: "Emergency Appointment" means the appointment, tn
case of an emergency without regard to Civil Service procedures, for a period not
to exceed thirty (30) days.
2. TEMPORARY: "Temporary Appointment" means the appointment to
any Classified Position without Open Competitive Examination, with the
approval of the Human Resources Director, pending the establishment of an
Eligible List or during the approved absence of a Regular employee for a period
not to exceed one (1) year.
7 - Amended December 12,2014
Personnel Rules
546
3. PROBATIONARY: "Probationary Appointment" means the
appointment from an appropriate Eligible List to a Classified Position until
completion of the designated Probationary Period.
4. REGULAR: "Regular Appointment" means the Appointment to a full-
time position after the satisfactory completion of a Probationary Period.
5. RE-APPOINTMENT: "Re-Appointment" means the same as and is
interchangeable with re-employment.
6. SUBSTITUTE: "Substitute Appointment" means the appointment to
any Classified Position where an employee is on a leave of absence and in the
opinion of the Human Resources Director it is impractical to utilize Temporary
Appointment.
(e) ASSIGNMENT: "Assignment" means the same as and is interchangeable with
"Out of Classification" and both mean the transfer of an employee for a temporary period
of no more than three (3) months in any twelve (12) month period from a Position in one
Classification to a Position in another Classification provided, however, the time may be
extended with wriuen approval of the City Manager.
(D BUSINESS DAYS: "Business Days" means Monday, Tuesday, Wednesday,
Thursday, and Friday and does not include Saturday or Sunday.
(g) CALENDAR DAYS: "Calendar Days" means seven (7) days of the week,
including Saturday and Sunday.
(h) CERTIFIED: "Certified" means the Human Resources Director's assurance
that the process or processes set forth herein have been followed.
(D CHARGES: "Charges" mean allegations or counts of misconduct or violation
of these or any other applicable rules, regulations, policies, or procedures.
0) CNIL SERVICE ACT: "Civil Service Act" refers to "AN ACT CREATING
A CIVI SERVICE SYSTEM FOR CERTAIN OFFICERS AND EMPLOYEES OF
THE CITY OF MIAMI BEACH, FLORIDA.''
(k) CLASSIFICATION: "Classification" means one or more Positions sufficiently
similar in duties and responsibilities such that the same descriptive title may be
reasonably applied, the same qualifications reasonably required and the same salary
range equitably applied.
(l) CLASSIFIED SERVICE: "Classified Service" means all Classifications in the
Service of the City except those specifically identified in the unclassified service by the
Civil Service Act Section 13.
8 - Amended December L2,20L4
Personnel Rules
547
(m) COMPENSATION PLAN: "Compensation Plan" means the Classified Salary
Ordinance as established by the City Commission.
(n) DEMOTION: "Demotion" means a reduction in employment status from a
higher Classification to a lower Classification with a lower maximum rate of pay.
(o) ELIGIBLE: "Eligible" means the condition of being qualified, or a person who
has become qualified by examination, prior service or otherwise in accordance with the
provisions of the Civil Service Act or these rules to serve in a Classified position in the
service of the City.
(p) ELIGIBLE LISTS: "Eligible List(s)" means the same as and is inter-
changeable with "List of Eligibles" and both mean the list(s) of persons who are deemed
qualified for Appointment to a Classification.
1. Original Entrance Lists: "Original Entrance Lists" means the list(s) of
persons who have been successful in entrance examinations or who are otherwise
Eligible for consideration for employment in Classified Positions.
2. Promotional Lists: "Promotional Lists" means the list(s) of persons who
have been successful in promotional examinations administered to Regular
employees in an appropriate lower Classification and who are otherwise Eligible
for appointment to higher Classifications.
3. Transfer Lists: "Transfer Lists" means the list(s) of persons who have
expressed in writing the desire to transfer to a particular Position and who have
occupied another Position in such Classification as a Regular employee or who
the Human Resources Director has determined are otherwise qualified.
Probationary employees are not eligible to request a Transfer.
4. Re-Employment Lists: "Re-Employment Lists" means the list(s) of
persons who have been laid off while employed in the Service of the City in a
classified Position for one year or less, and are entitled to have their name
certified to an Appointing Authority.
(q) EVALUATOR: "Evaluator" means the Appointing Authority and/or any
designated supervisory employee.
(r) GIFT: "Gift" means the transfer of anything of economic value, whether in the
form of money, service, loan, travel, entertainment, hospitality, item or promise or in any
other form, without adequate and lawful consideration. Food and beverages consumed at
a single siuing or meal shall be considered a single gift, and the value of the food and
beverage provided at that sitting or meal shall be considered the value of the gift.
(s) HUMAN RESOURCES: "Human Resources" means the same as and is
interchangeable with the term "Personnel"; "Human Resources Director" means the same
as and is interchangeable with the term "Personnel Director."
9 - Amended December !2,20]4
Personnel Rules548
(t) JOB DESCRIPTION: "Job Description" means the job function and duties of
a particular Position or budgeted slot within a Classification, in addition to the
Specifications or Qualifications for that Classification.
(u) LAYOFF: "Layoff' means temporary or indefinite cessation of employment
because of lack of work, lack of funding, material changes in job duties or material
changes in organization.
(v) LEAVE SETTLEMENT: "Leave Settlement" means any earned and unused
balance ofannual vacation leave and sick leave, deducting therefrom any credit granted
in 1939 when Civil Service was adopted, pursuant to the City's Leave Ordinance, for the
Classified Service, Ordinance No. 1335.
(w) OPEN COMPETITM EXAMINATION: "Open Competitive Examination"
means oral, written or physical examination after published notice, open to all who meet
the minimum Specifications.
(x) OUT OF CLASSIFICATION: "Out of Classification" means the same as and is
interchangeable with "Assignment" and both mean the transfer of an employee for a
temporary period of no more than three (3) months in any twelve (12) month period from
a Position in one Classification to a Position in another Classification provided, however,
the time may be extended with written approval from the City Manager.
(y) POSITION: "Position" means the number of persons or budgeted slots for a
Classification.
(z) PROBATIONARY PERIOD: "Probationary Period" means the evaluation
period following an Appointment, except for Appointments made by demotion or
Classifi cation Transfer.
(aa) PROMOTION: "Promotion" means appointment from a Position in a lower
Classification to a Position in a Classification with a higher maximum rate of pay and an
increase in employment status.
(bb) QUALIFIED: "Qualified" means meeting minimum required Specifications.
(cc) REJECTION: "Rejection" means the non-acceptance of an employee during a
Probationary Period, because of failure to satisfr the requirements of the Appointing
Authority.
(dd) REMOVAL OR TERMINATION: "Termination" means the same as and is
interchangeable with "Removal" and both mean involuntary cessation of employment for
cause.
(ee) REQUIREMENTS: "Requirements" means the same as and is interchangeable
with "Schedule of Specifications."
10 - Amended December L2,20t4
Personnel Rules549
(f0 SCHEDULE OF PAY: "Schedule of Pay" means the same as and is inter-
changeable with the term "Compensation Plan."
(gg) SCHEDULE OF SPECIFICATIONS: "Schedule of Specifications" means the
same as and is interchangeable with'oRequirements" or "Specifications."
(hh) SERVICE: "Service" means the same as and is interchangeable with
"Classified Service."
(ii) SEPARATION: "Separation" means (1) the voluntary cessation of
employment, including, but not limited to resignation, or (2) the involuntary cessation of
employment, including, but not limited to Layoff, Removal, or Termination, regardless
of whether such cessation is initiated by the employer or the employee, and (3) with or
without cause attributable to the employee.
(,j) SPECIFICATIONS: "Specifications" means the knowledge, skill, abilities,
physical conditions, experience, education, training, duties, examination, licensing,
testing, responsibilities, title, description of duties and any other requirements associated
with the Position.
(kk) SUSPENSION: "Suspension" means temporary removal without compen-
sation for disciplinary purposes.
(ll) TRANSFER: "Transfer" means the change from one Position or Classification
to another Position or Classification.
(a) Classification Transfer: "Classification Transfer" means the transfer of
an employee from a Position in one Classification to a Position in another
Classification for which the employee is qualified and for which the same
maximum rate of pay has been established.
(b) Organizational Transfer: "Orgarizational Transfer" means the transfer
of an employee from a Position in one Classification to another Position in the
same Classification under another Appointing Authority and for which the same
maximum rate of pay has been established.
(mm) WORK DAYS: 'oWork Days" mean the actual day(s) or shift(s) an individual is
scheduled to work.
11- Amended December 12,20!4
Personnel Rules550
RULE II. THE CODE OF ETHICS
SECTION 1: PURPOSE: City of Miami Beach employees are agents of the people and
hold their Positions for the benefit of the public. As public servants, they must abide by the
highest standards of conduct and faithfully discharge the duties of their Position, regardless
of personal considerations and interests. They must recognize that promoting the public
interest and maintaining the people's respect for their government is of foremost concern.
All City officials and employees shall be accountable and responsible for their actions, shall
abide by applicable codes of ethical conduct, and shall be subject to all penalties for
violations thereof.
SECTION 2: THE CODE OF ETHICS: A11 employees must comply with the Code of
Ethics Section 2-449 of the Miami Beach Code incorporated herein by reference and
attached hereto as Exhibit A and the Florida Code of Conduct for City Officers incorporated
herein by reference and attached hereto as Exhibit B. Employees must also:
a) Affirm the dignity and worth of the services rendered;
b) Maintain a constructive, creative, and practical attitude and a deep sense of
social responsibility as a trusted public servan!
c) Be dedicated to the highest principles of honesty and integrity in all public
and personal relationships so that the employee may merit the respect and
confidence of the public;
d)
e)
f)
Conduct oneself so as to eam and maintain public confidence;
Conduct official and personal affairs so as to demonstrate that one cannot be
influenced improperly in the performance of duties;
Recognize that the purpose of employment is to serve the best interests of all
people;
Uphold and implement policies adopted;
Exercise discretion in political activities so as not to undermine public
confidence;
Continually improve professional skills and abilities;
Encourage communication between the public and the employee;
Emphasize friendly and courteous service to the public;
Seek to improve the quality and image of public service;
Resist any encroachment on professional responsibilities;
1.2 - Amended December L2,20!4
Personnel Rules
s)
h)
i)
i)
k)
l)
m)
551
n) Carry out duties without interference;
o) Perform duties on the basis of principle and justice without prejudice;
Handle all personnel matters on the basis of merit, fairness and
impartiality;
Seek no favor;
Avoid personal enrichment or profit secured by information, abuse of influence
or misuse of public time because it is dishonest; and
Accept no favor or service that might reasonably tend to influence the employee
improperly in the performance of the employee's duties.
SECTION 3: PROHIBITION ON GIFTS:
(a) No employee of the City of Miami Beach shall solicit or demand any gift, nor accept
or agree to accept any gift regardless of its value from another person or entity for:
1. An official action taken, to be taken, or which could be taken;
2. A legal duty performed, to be performed, or which could be performed;
3. A legal duty violated, to be violated, or which could be violated; or
4. Any tavel or travel-related expenses from aCity vendor, contractor, bidder or
proposer (unless waived by majority vote of the City Commission);
5. Additionally, employees who are required to file Gift Disclosure forms with
the State of Florida or the City of Miami Beach (see Exhibit C attached hereto) are
further prohibited from receiving or soliciting where there is personal benefit to
themselves, other similarly-ranked employees or immediate family, any gift or series
of gifts dwing a calendar quarter in excess of $100 from a political committee or
individual (including parhrer, principal, etc.) who lobbies the City of Miami Beach.
O) All employees shall disclose any gift or series of gifts received during a single
calendar quarter from any person or entity, having a value ofone hundred dollars ($100) or
more. Said disclosure shall be made by filing the appropriate form as described in attached
Exhibit C. Forms are available on the Crty's Employee lntanet under the City Clerk's section
of Forms Central, or by visiting the Office of the City Clerk, 1't Floor of City Hall.
SECTION 4: STANDARD OF CONDUCT: Every employee must abide by and uphold the
Citizen's Bill of Rights, Miami Beach, Florid4 Code of Ordinance, Part 1, Subpart A incorporated
by reference herein and attached hereto as Exhibit D. The public's confidence and trust in the Crty's
13 - Amended December L2,20L4
Personnel Rules
p)
q)
0
s)
552
operations and government demands the most exacting ethical standards and the strictest adherence
to the Code of Ethics.
SECTION 5: DUTY TO REPORT: An employee with knowledge or information about any
actual or potential violation of law or ethics shall immediately report such knowledge or
information to the Appointing Authority, the Human Resources Director, or the City Manager.
SECTION 6: DUTY TO SELF REPORT:
(a) Employees arrested, detained and issued a Notice to Appear, or charged with or
indicted for a criminal offense (felony or misdemeanor), including driving under the
influence (DUI) and/or other criminal traffic offenses, shall provide written notification
to the Human Resources Director using the Notification of Employee Arrest which is
attached hereto as Exhibit E, Indictment or Criminal Conviction Form (hereinafter
referred to as "the Form") within two (2) calendar days. If it is impossible for the
employee to make a timely report due to hospitalization or incarceration related to the
incident, the Form shall be completed as soon as possible, and in no event more than
twenty-four (24) hours after the employee's release. The Human Resources Director
shall advise the City Manager of the employee's arrest, detainment, and issuance of a
Notice to Appear, charge or indictment of a criminal offense.
(b) Employees shall report to the Human Resources Director, in writing, using the
attached Form, any conviction, finding of guilt, withhold of adjudication, enrollment in a
pretrial diversion program, or entering of a plea of guilty or nolo contendere for any
criminal offense other than minor traffic violation within forty-eight (48) hours after the
final judgment. The Human Resources Director shall advise the City Manager of the
employee's conviction, finding of guilt, withhold of adjudication, enrollment in a pretrial
diversion program, or entering of a plea of guilty or nolo contendere for any criminal
offense.
SECTION 7: FAILURE TO REPORT:
(a) An employee who knows or should have known of any violation of law or ethics
and fails to report such knowledge or information may be subject to disciplinary action
up to and including Removal.
(b) Supervisors who become aware of an employee who has been arrested, detained,
issued a Notice to Appear, charged, indicted, convicted, found guilty, given a withhold
of adjudication, enrolled in a pretrial diversion program or entered a plea of guilty or
nolo contendere for any criminal offense other than minor traffrc violation, whether
misdemeanor or a felony, shall immediately notifu the Human Resources Director.
Failure to notify the Human Resources Director may lead to disciplinary action up to
and including Removal.
14 - Amended December !2,20L4
Personnel Rules553
Sec.2-449. - Acceptance of gifts, favors, services.
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.
(Code 1964, S 2-44(1))
Exhibit A
554
The zor4 Florida Statutes
Title X Chapter 112
PUBLIC OFFICERS, EMPLOYEES, AND PUBLIC OFFICERS AND EMPLOYEES: GENERAL
RECORDS PROVISIONS
112.313 Standards of conduct for public officers, employees of agencies, and local
government attorneys.-
(1) DEFINITION.-As used in this section, unless the context otherwise requires, the term
"pubtic officer" includes any person etected or appointed to hotd office in any agency, inctuding
any person serving on an advisory body.
(2) SOLICITATION OR ACCEPTANCE OF GIFTS.-No pubtic officer, emptoyee of an agency, [oca[
government attorney, or candidate for nomination or election shatl soticit or accept anything of
value to the recipient, inctuding a gift, [oan, reward, promise of future emptoyment, favor, or
service, based upon any understanding that the vote, official action, or judgment of the pubtic
officer, emptoyee, [oca[ government attorney, or candidate would be inftuenced thereby.
(3) DOING BUSINESS WITH ONE'S AGENCY.-No emptoyee of an agency acting in his or her
official capacity as a purchasing agent, or pubtic officer acting in his or her official capacity, shatl
either directly or indirectly purchase, rent, or lease any realty, goods, or services for his or her
own agency from any business entity of which the officer or emptoyee or the officer's or
emptoyee's spouse or child is an officer, partner, director, or proprietor or in which such officer or
employee or the officer's or emptoyee's spouse or chitd, or any combination of them, has a
materia[ interest. Nor shatl a pubtic officer or emptoyee, acting in a private capacity, rent, tease,
or setl any realty, goods, or services to the officer's or employee's own agency, if he or she is a
state officer or emptoyee, or to any potiticat subdivision or any agency thereof, if he or she is
serving as an officer or emptoyee of that potiticat subdivision. The foregoing shatl not appty to
district offices maintained by legistators when such offices are located in the [egislator's ptace of
business or when such offices are on property whotty or partiatty owned by the [egistator. This
subsection shatl not affect or be construed to prohibit contracts entered into prior to:
(a) October 1, 1975.
(b) Quatification for etective office.
(c) Appointment to pubtic office.
(d) Beginning pubtic emptoyment.
(4) UNAUTHORIZED COMPENSATION.-No pubtic officer, emptoyee of an agency, or [ocaI
government attorney or his or her spouse or minor chitd shatt, at any time, accept any
compensation, payment, or thing of value when such pubtic officer, emptoyee, or tocal government
attorney knows, or, with the exercise of reasonabte care, shoutd know, that it was given to
Exhibit B
555
inftuence a vote or other action in which the officer, emptoyee, or [oca[ government attorney was
expected to participate in his or her official capacity.
(5) SALARY AND EXPENSES.-No pubtic officer shatl be prohibited from voting on a matter
affecting his or her satary, expenses, or other compensation as a pubtic officer, as provided by [aw.
No [oca[ government attorney shatl be prevented from considering any matter affecting his or her
satary, expenses, or other compensation as the locat government attorney, as provided by taw.
(6) MISUSE OF PUBLIC POSITION.-No pubtic officer, emptoyee of an agency, or local
government attorney shatl corruptly use or attempt to use his or her official position or any
property or resource which may be within his or her trust, or perform his or her officiat duties, to
secure a special privilege, benefit, or exemption for himsetf, hersetf, or others. This section shatl
not be construed to conftict with s. 104.31.
(7) CONFLTCTTNG EMPLOYMENT OR CONTRACTUAL RELAT|ONSHtp.-
(a) No pubtic officer or emptoyee of an agency shatl have or hotd any emptoyment or
contractual retationship with any business entity or any agency which is subject to the regutation
of, or is doing business with, an agency of which he or she is an officer or emptoyee, exctuding
those organizations and their officers who, when acting in their officiat capacity, enter into or
negotiate a cottective bargaining contract with the state or any municipality, county, or other
potiticat subdivision of the state; nor shatl an officer or employee of an agency have or hotd any
emptoyment or contractuaI relationship that wit[ create a continuing or frequentty recurring
conftict between his or her private interests and the performance of his or her pubtic duties or that
woutd impede the futt and faithful discharge of his or her public duties.
1. When the agency referred to is that certain kind of special tax district created by general or
specia[ law and is timited specificatty to constructing, maintaining, managing, and financing
improvements in the [and area over which the agency has jurisdiction, or when the agency has
been organized pursuant to chapter 298, then employment with, or entering into a contractual
retationship with, such business entity by a pubtic officer or emptoyee of such agency shat[ not be
prohibited by this subsection or be deemed a conftict per se. However, conduct by such officer or
emptoyee that is prohibited by, or otherwise frustrates the intent of, this section shatt be deemed
a conflict of interest in violation of the standards of conduct set forth by this section.
2. When the agency referred to is a [egistative body and the regutatory power over the business
entity resides in another agency, or when the regutatory power which the tegistative body exercises
over the business entity or agency is strictly through the enactment of laws or ordinances, then
emptoyment or a contractual retationship with such business entity by a pubtic officer or employee
of a legistative body shatl not be prohibited by this subsection or be deemed a conftict.
(b) This subsection sha[[ not prohibit a pubtic officer or emptoyee from practicing in a particutar
profession or occupation when such practice by persons hotding such pubtic office or employment is
Exhibit B
556
required or permitted by taw or ordinance.
(8) DISCLOSURE OR USE OF CERTAIN INFORMATION.-A current or former pubtic officer,
emptoyee of an agency, or [oca[ government attorney may not disctose or use information not
avaitabte to members of the genera[ pubtic and gained by reason of his or her official position,
except for information retating exctusivety to governmental practices, for his or her personal gain
or benefit or for the personal gain or benefit of any other person or business entity.
(9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR LEGISLATORS AND
LEGISLATIVE EMPLOYEES. -
(aX. lt is the intent of the Legislature to imptement by statute the provisions of s. 8(e), Art. ll
of the State Constitution relating to [egislators, statewide etected officers, appointed state
officers, and designated pubtic employees.
2. As used in this paragraph:
a. "Emptoyee" means:
(l) Any person emptoyed in the executive or [egistative branch of government holding a position
in the Senior Management Service as defined in s. 1 10.402 or any person hotding a position in the
Selected Exempt Service as defined in s. 1 10.602 or any person having authority over poticy or
procurement emptoyed by the Department of the Lottery.
(ll) The Auditor Generat, the director of the Office of Program Poticy Anatysis and Government
Accountabitity, the Sergeant at Arms and Secretary of the Senate, and the Sergeant at Arms and
Cterk of the House of Representatives.
(lll) The executive director and deputy executive director of the Commission on Ethics.
(lV) An executive director, staff director, or deputy staff director of each joint committee,
standing committee, or setect committee of the Legistature; an executive director, staff director,
executive assistant, analyst, or attorney of the Office of the President of the Senate, the Office of
the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority
Party Office, House Majority Party Office, or House Minority Party Office; or any person, hired on a
contractua[ basis, having the power normatly conferred upon such persons, by whatever titte.
(V) The Chancettor and Vice Chancettors of the State University System; the genera[ counsel to
the Board of Governors of the State University System; and the president, provost, vice presidents,
and deans of each state university.
(Vl) Any person, inctuding an other-personat-services emptoyee, having the power normatty
conferred upon the positions referenced in this sub-subparagraph.
b. "Appointed state officer" means any member of an appointive board, commission,
committee, councit, or authority of the executive or legistative branch of state government whose
powers, jurisdiction, and authority are not sotely advisory and inctude the final determination or
adjudication of any personal or property rights, duties, or obligations, other than those retative to
Exhibit B
557
its internaI operations.
c. "State agency" means an entity of the legistative, executive, or judicia[ branch of state
government over which the Legistature exercises ptenary budgetary and statutory controt.
3.a. No member of the Legislature, appointed state officer, or statewide etected officer shatl
persona[[y represent another person or entity for compensation before the government body or
agency of which the individua[ was an officer or member for a period of 2 years fottowing vacation
of office. No member of the Legistature shatl personatty represent another person or entity for
compensation during his or her term of office before any state agency other than judiciat tribunats
or in settlement negotiations after the fiting of a [awsuit.
b. For a period of 2 years fottowing vacation of office, a former member of the Legistature may
not act as a lobbyist for compensation before an executive branch agency, agency officiat, or
employee. The terms used in this sub-subparagraph have the same meanings as provided in s.
112.3215.
4. An agency employee, inctuding an agency emptoyee who was emptoyed on Juty 1 , 2001 , in a
Career Service System position that was transferred to the Setected Exempt Service System under
chapter 2001-43, Laws of Ftorida, may not personatly represent another person or entity for
compensation before the agency with which he or she was emptoyed for a period of 2 years
foltowing vacation of position, unless emptoyed by another agency of state government.
5. Any person viotating this paragraph shatt be subject to the penatties provided in s. 112.317
and a civil penalty of an amount equal to the compensation which the person receives for the
prohibited conduct.
6. This paragraph is not appticabte to:
a. A person emptoyed by the Legistature or other agency prior to Juty 1, 1989;
b. A person who was emptoyed by the Legistature or other agency on Juty 1 , 1989, whether or
not the person was a defined employee on Juty 1, 1989;
c. A person who was a defined emptoyee of the State University System or the Pubtic Service
Commission who hetd such emptoyment on December 31, 1994;
d. A person who has reached normat retirement age as defined ins.171.021(29), and who has
retired under the provisions of chapter 121 by Juty 1, 1991; or
e. Any appointed state officer whose term of office began before January 1, 1995, untess
reappointed to that office on or after January 1, 1995.
(b) ln addition to the provisions of this part which are appticabte to tegistators and legistative
emptoyees by virtue of their being pubtic officers or employees, the conduct of members of the
Legislature and legislative employees shatl be governed by the ethical standards provided in the
respective rutes of the Senate or House of Representatives which are not in conftict herewith.
(10) EMPLOYEES HOLDTNG OFFTCE.-
Exhibit B
558
(a) No emptoyee of a state agency or of a county, municipatity, special taxing district, or other
potiticat subdivision of the state shatl hotd office as a member of the governing board, council,
commission, or authority, by whatever name known, which is his or her emptoyer white, at the
same time, continuing as an employee of such emptoyer.
(b) The provisions of this subsection shatl not appty to any person hotding office in viotation of
such provisions on the effective date of this act. However, such a person shat[ surrender his or her
confticting employment prior to seeking reetection or accepting reappointment to office.
(11) PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.-No officer, director, or
administrator of a Ftorida state, county, or regional professional or occupational organization or
association, white hotding such position, shatl be etigibte to serve as a member of a state examining
or licensing board for the profession or occupation.
(12) EXEMPTION.-The requirements of subsections (3)and (7) as they pertain to persons serving
on advisory boards may be waived in a particutar instance by the body which appointed the person
to the advisory board, upon a futl disctosure of the transaction or retationship to the appointing
body prior to the waiver and an affirmative vote in favor of waiver by two-thirds vote of that body.
ln instances in which appointment to the advisory board is made by an individuat, waiver may be
effected, after pubtic hearing, by a determination by the appointing person and futl disctosure of
the transaction or retationship by the appointee to the appointing person. ln addition, no person
shatt be hetd in viotation of subsection (3) or subsection (7) if:
(a) Within a city or county the business is transacted under a rotation system whereby the
business transactions are rotated among att quatified supptiers of the goods or services within the
city or county.
(b) The business is awarded under a system of seated, competitive bidding to the lowest or best
bidder and:
1. The officiat or the officiat's spouse or chitd has in no way participated in the determination
of the bid specifications or the determination of the [owest or best bidder;
2. The officiat or the officiat's spouse or chitd has in no way used or attempted to use the
officiat's inftuence to persuade the agency or any personnel thereof to enter such a contract other
than by the mere submission of the bid; and
3. The officiat, prior to or at the time of the submission of the bid, has fited a statement with
the Commission on Ethics, if the officia[ is a state officer or emptoyee, or with the supervisor of
etections of the county in which the agency has its principat office, if the official is an officer or
employee of a potiticaI subdivision, disctosing the officia['s interest, or the interest of the officiat's
spouse or chitd, and the nature of the intended business.
(c) The purchase or sate is for [egaI advertising in a newspaper, for any utitities service, or for
passage on a common carrier.
Exhibit B
559
(d) An emergency purchase or contract which woutd otherwise viotate a provision of subsection
(3) or subsection (7) must be made in order to protect the health, safety, or welfare of the citizens
of the state or any potiticaI subdivision thereof.
(e) The business entity invotved is the onty source of suppty within the potitica[ subdivision of
the officer or emptoyee and there is futl disctosure by the officer or emptoyee of his or her interest
in the business entity to the governing body of the politica[ subdivision prior to the purchase,
rentat, sate, leasing, or other business being transacted.
(f) The total amount of the transactions in the aggregate between the business entity and the
agency does not exceed 5500 per catendar year.
(g) The fact that a county or municipa[ officer or member of a pubtic board or body, inctuding a
district school officer or an officer of any district within a county, is a stockhotder, officer, or
director of a bank witl not bar such bank from quatifying as a depository of funds coming under the
jurisdiction of any such pubtic board or body, provided it appears in the records of the agency that
the governing body of the agency has determined that such officer or member of a pubtic board or
body has not favored such bank over other quatified banks.
(h) The transaction is made pursuant to s. 1004.22 or s. 1004.23 and is specificatty approved by
the president and the chair of the university board of trustees. The chair of the university board of
trustees shat[ submit to the Governor and the Legistature by March 1 of each year a report of the
transactions approved pursuant to this paragraph during the preceding year.
(i) The pubtic officer or emptoyee purchases in a private capacity goods or services, at a price
and upon terms availabte to simitarty situated members of the general pubtic, from a business
entity which is doing business with his or her agency.
(j) The pubtic officer or emptoyee in a private capacity purchases goods or services from a
business entity which is subject to the regutation of his or her agency and:
1. The price and terms of the transaction are avaitabte to similarty situated members of the
generaI pubtic; and
2. The officer or emptoyee makes futl disctosure of the relationship to the agency head or
governing body prior to the transaction.
(13) COUNTY AND MUNTCTPAL ORDTNANCES AND SPECTAL DTSTRTCT AND SCHOOL D|STR|CT
RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.-The governing body of any county or
municipatity may adopt an ordinance and the governing body of any special district or school
district may adopt a resotution providing that an appointed county, municipat, special district, or
school district officer or a county, municipal, speciat district, or school district emptoyee may not
persona[[y represent another person or entity for compensation before the government body or
agency of which the individual was an officer or employee for a period of 2 years fottowing
vacation of office or termination of emptoyment, except for the purposes of coltective bargaining.
Exhibit B
560
Nothing in this section may be construed to prohibit such ordinance or resotution.
(14) LOBBYING BY FORMER LOCAL OFFICERS; PROHIBITION.-A person who has been etected to
any county, municipat, special district, or school district office may not personatty represent
another person or entity for compensation before the government body or agency of which the
person was an officer for a period of 2 years after vacating that office. For purposes of this
subsection:
(a) The "government body or agency" of a member of a board of county commissioners consists
of the commission, the chief administrative officer or emptoyee of the county, and their immediate
support staff.
(b) The "government body or agency" of any other county elected officer is the office or
department headed by that officer, inctuding at[ subordinate employees.
(c) The "government body or agency" of an etected municipal officer consists of the governing
body of the municipatity, the chief administrative officer or emptoyee of the municipatity, and
their immediate support staff.
(d) The "government body or agency" of an etected speciat district officer is the special
district.
(e) The "government body or agency" of an etected schoot district officer is the schoot district.
(15) ADDITIONAL EXEMPTION.-No etected pubtic officer shatl be hetd in viotation of subsection
(7) if the officer maintains an emptoyment retationship with an entity which is currentty a tax-
exempt organization under s. 501(c) of the lnterna[ Revenue Code and which contracts with or
otherwise enters into a business retationship with the officer's agency and:
(a) The officer's employment is not directty or indirectty compensated as a resutt of such
contract or business retationship;
(b) The officer has in no way participated in the agency's decision to contract or to enter into
the business retationship with his or her employer, whether by participating in discussion at the
meeting, by communicating with officers or emptoyees of the agency, or otherwise; and
(c) The officer abstains from voting on any matter which may come before the agency involving
the officer's emptoyer, pubticty states to the assembty the nature of the officer's interest in the
matter from which he or she is abstaining, and fites a written memorandum as provided in s.
112.3143.
(16) LOCAL GOVERNMENT ATTORNEYS.-
(a) For the purposes of this section, "[ocaI government attorney" means any individuat who
routinety seryes as the attorney for a unit of [oca[ government. The term shat[ not inctude any
person who renders [egal services to a unit of [oca[ government pursuant to contract limited to a
specific issue or subject, to specific litigation, or to a specific administrative proceeding. For the
purposes of this section, "unit of [oca[ government" includes, but is not limited to, municipatities,
Exhibit B
561
counties, and speciaI districts.
(b) lt shatt not constitute a viotation of subsection (3) or subsection (7) for a unit of locaI
government to contract with a law firm, operating as either a partnership or a professional
association, or in any combination thereof, or with a [oca[ government attorney who is a member
of or is otherwise associated with the law firm, to provide any or att tegat services to the unit of
[oca[ government, so long as the [oca[ government attorney is not a futt-time employee or member
of the governing body of the unit of [oca[ government. However, the standards of conduct as
provided in subsections (2), (4), (5), (6), and (8) shatt appty to any person who seryes as a locaI
government attorney.
(c) No [oca[ government attorney or law firm in which the [oca[ government attorney is a
member, partner, or emptoyee shatl represent a private individual or entity before the unit of local
government to which the [oca[ government attorney provides [ega[ services. A [oca[ government
attorney whose contract with the unit of locaI government does not inctude provisions that
authorize or mandate the use of the law firm of the [oca[ government attorney to comptete [ega[
services for the unit of [oca[ government sha[[ not recommend or otherwise refer [ega[ work to that
attorney's law firm to be completed for the unit of [oca[ government.
(17) BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.-No citizen member of the Board of
Governors of the State University System, nor any citizen member of a board of trustees of a [oca[
constituent university, shatl have or hold any emptoyment or contractuaI retationship as a
[egistative tobbyist requiring annua[ registration and reporting pursuant to s. 11.045.
History.-s. 3,ch.67-469; s.2, ch.69-335; ss. 10, 35, ch.69-'106; s. 3, ch.74-177; ss.4, 11,ch.75-208; s. 1, ch.
77-174; s.'1,ch.77-349; s.4,ch.82-98;s.2,ch.83-26; s.6,ch.83-282;s.14,ch.85-80;s.12,ch.86-145;s.1,ch.
88-358; s.'1, ch.88-408; s.3, ch.90-502; s.3, ch.91-85; s. 4,ch.91-292; s.1, ch.92-35; s. 1,ch.94-277; s.'1406,
ch.95-147; s.3, ch.96-311; s.34, ch.96-318; s.41, ch.99-2;s.?9,ch.2001-266;s.20, ch.2002-'l; s.894, ch.
2002-387; s.2, ch.2005-285; s.2, ch.2006-275; s.'10, ch.2007-217; s.16, ch.2011-34; s.3, ch.2013-36.
Exhibit B
562
CITY OF MIAMI BEACH GIFT AND CONTRIBUTION DISCLOSURE FORM
EMPLOYEE'S LAST NAME - FIRST NAME:EMPLOYEE'S IDENTIFICATION NUMBER:
DEPARTMENT:POSITION HELD:
PLEASE COMPLETE PARTS A AND B
Please list below each gift received by you. You are required to describe the gift and state the monetary value
of the gift, the name and address of the person making the gift, and the date(s) received. lf any of these facts,
other than the gift description, are unknown or not applicable, you should so state on the form.
DATE AND TIME
RECEIVED
DESCRIPTION AND
TYPE OF GIFT
APPROXIMATE
MONETARY
VALUE
NAME OF PERSON
AND/OR BUSINESS
MAKING THE GIFT
ADDRESS OF PERSON
AND/OR BUSINESS
MAKING THE GIFT
A
B
c
D
PART A - STATEMENT OF GIFT AND CONTRIBUTION
PART B. GIFT AND GONTRIBUTION RETURN INFORMATION OR
DELIVERY TO CIry MANAGER'S OFFIGE FOR DONATION
RETURN FORM TO THE CITY MANAGER',S OFFTCE WITH|N THREE (3) DAYS OF
GIFT/CONTRIBUTION RECEIPT ALONG WITH A COPY OF GIFT/CONTRIBUTION CUSTOMER
LETTER SENT,
DATE GIFT
RETURNED,
DONATED OR
DISPOSED OF
NAME OF
RECEIVER/SUPERVISOR
DONATION MADE TO
APPROVED NON-PROFIT
USING THE CITY'S NON-
PROFIT DISTRIBUTION
LIST
CITY MANAGER'S OFFICE STAFF
DISPOSAL CONFIRMATION
(rF APPLTCABLE)
A
B
C
D
Exhibit C563
FORM 9 QUARTERLY GIFT DISCLOSURE
ovER $100)(GIFTS
LAST NAME - FIRST NAME - MIDDLE NAME:NAME OF AGENCY:
MAILING ADDRESS:OFFICE OR POSITION HELD:
CITY: ZIP'. COUNW:FOR QUARTER ENDING (Check One): YEAR:MARCH JUNE SEPTEMBER DEGEMBER 20
PART A _ STATEMENT OF GIFTS
Please list below each gift, the value of which you believe to exceed $100, accepted by you during the calendar quarter for which this
statement is being filed. You are required to describe the gift and state the monetary value of the gift, the name and address of the person
making the gift, and the date(s) the gift was received. lf any of these facts, other than the gift description, are unknown or not applicable,
you should so state on theform. As explained morefully in the instructions on the reverse side of theform, you are not required to disclose
gifts from relatives or certain other gifts. You are not required to file this statement for any calendar quarter during which you did
not receive a reportable gift.
DATE
RECEIVED
DESCRIPTION
OF GIFT
MONETARY
VALUE
NAME OF PERSON
MAKING THE GIFT
ADDRESS OF PERSON
MAKING THE GIFT
CHECK I{ERE IF CONTINUED ON SEPARATE SHEET
PART B - RECEIPT PROVIDED BY PERSON MAKING THE GIFT
lf any receipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this form. You may
attach an explanation of any differences between the information disclosed on this form and the information on the receipt.
CHECK HERE IF A RECEIPT IS ATTAGHED TO THIS FORM
PART C _ OATH
l, the person whose name appears at the beginning of this form,
do depose on oath or affirmation and say that the information
disclosed herein and on any attachments made by me consti-
tutes a true, accurate, and total listing of all gifts required to be
reported by Section 112.3148, Florida Statutes.
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me this
day of ,20
by
(Signature of Notary Public-State of Florida)
SIGNATURE OF REPORTING OFFICIAL (Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known OR Produced ldentification
Type of ldentification Produced_
PART D - FILING INSTRUCTIONS
This form, when duly signed and notarized, must be filed with the Commission on Ethics, P.O. Drawer 15709, Tallahasseg Florida
32317-5709. The form must be filed no later than the last day of the calendar quarter that follows the calendar quarter for which this form is
filed. (For example, if a gift is received in March, it should be disclosed by June 30.)
Exhibit C
(See reverse
564
PART E - INSTRUCTIONS
WHO MUST FILE THIS FORM?
. Any individual, including a candidate upon qualifying, who is required by law
to file full and public disclosure of his financial interests on Commission on
Ethics Form 6, except Judges. (See Form 6 for a list of persons required to
file that form.)
. Any individual, including a candidate upon qualirying, who is required by law
to file a statement of financial interests on Commission on Ethics Form 1.
(See Form 1 for a list of persons required to file that form.)
. Any procurement employee of the executive branch or judicial branch of
state government. This includes any employee who participates through
decision, approval, disapproval, recommendation, preparation of any part of
a purchase request, influencing the content of any specification or
procurement standard, rendering of advice, investigation, or auditing or in
any other advisory capacity in the procurement of contractual services or
commodities as defined in Section 287.012, Florida Statutes, if the cost of
such services or commodities exceeds $1,000 in any year.
WHAT GIFTS ARE REPORTABLE?
. Any gift (as defined below) you received which you believe to be in excess
of $100 in value, EXGEPT:
1) Gifts from the following RELATIVES: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nepheq niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, stepfather, stepmother, stepson, stepdaughter,
stepbrother, stepsister, half brother, half sister, grandparent, great
grandparent, grandchild, great grandchild, step grandparent, step great
grandparent, step grandchild, step great grandchild, a person who is
engaged to be married to you or who otherwise holds himself or herself
out as or is generally known as the person whom you intend to marry or
with whom you intend to form a household, or any other natural person
having the same legal residence as you.
2) Gifts which you are prohibited from accepting by Sections 112.313(4)
and 112.3148(4), Florida Statutes. These include any gift which you
know or, with the exercise of reasonable care, should know was given
to influence a vote or other action in which you are expected to
participate in your official capacity; it also includes a gift worth over $100
ftom a political committee or mmmittee of mntinuous existence under
the elections law, from a lobbyist who lobbies your agency or who
lobbied your agency within the past 12 months, or from a partner, firm,
employer, or principal of such a lobbyist.
3) Gifts worth over $100 for which there is a public purpose, given to you
by an entity of the legislative or judicial branch, a department or
commission of the executive branch, a water management district
created pursuant to s. 373.069, Tri-County Commuter Rail Authority, the
Technological Research and Development Authority, a county, a
municipality, an airport authority, or a school board; or a gift worth over
$100 glven to you by a direct-support organization specifically
authorized by law to support the govemmental agency of which you are
an offic€r or employee. These gifts must be disclosed on other forms.
. A "gift" is defined to mean that which is accepted by you or by another in
your behall or that which is paid or given to another for or on behalf of you,
directly, indirectly, or in trust for your benefit or by any other means, for
which equal or greater consideration is not given within 90 days after receipt
of the gift. A "gif includes real property; the use of real property; tangible or
intangible personal property; the use of tangible or intangible personal
property; a preferential rate or terms on a debt, loan, goods, or services,
which rate is below the customary rate and is not either a govemment rate
available to all other similady situated government employees or officials or
a rate which is available to similady situated members of the public by virtue
of occupation, affiliation, age, religion, sex, or national origin; forgiveness of
an indebtedness; transportation (unless provided to you by an agency in
relation to officially approved govemmental business), lodging, or parking;
food or beverage; membership dues; entrance fees, admission fees or
tickets to events, performances, or facilities; plants, flowers, or floral
arrangements; services provided by persons pursuant to a professional
or certiflcate; other personal services for which a fee is normally
charged by the person providing the services; and any other similar service
or thing having an attributable value and not already described.
. The following are NOT reportable as gifts on this form: salary, benefits,
services, fees, commissions, gifts, or expenses associated primarily with
your employment, business, or service as an officer or director of a
corporation or organization; contributions or expenditures pursuant to the
election laws, campaign-related personal services provided without
compensation by individuals volunteering their time, or any other
contribution or expenditure by a political party; an honorarium or an expense
related to an honorarium event paid to you or your spouse; an award,
plaque, certificate, or similar personalized item given in recognition of your
public, civic, charitable, or professional service; an honorary membership in
a service or fratemal organization presented merely as a courtesy by such
organization; the use of a govemmental agency's public facility or public
property for a public purpose. Also exempted are some gifts ftom state,
regional, and national organizations that promote the exchange of ideas
between, or the professional development of, governmental officials or
employees.
HOW DO t DETERMINE THE VALUE OF A GIFT?
. The value of a gift provided to you is determined using the actual cost to the
donor, and, with respect to personal services provided by the donor, the
reasonable and customary charge regularly charged for such service in the
community in which the service is provided. Taxes and gratuities are not
included in valuing a gift. lf additional expenses are required as a condition
precedent to the donor's eligibility to purchase or provide a gift and the
expenses are primarily for the benefit of the donor or are of a charitable
nature, the expenses are not included in determining the value of the gift.
. Compensation provided by you to the donor shall be deducted from the
value of the gift in determining the value of the gift.
. lf the actual gift value attributable to individual participants at an event
cannot be determined, the total costs should be prorated among all invited
persons. A gift given to several persons may be attributed among all of them
on a pro rata basis. Food, beverages, entertainment, etc., provided at a
function for more than ten people should be valued by dividing the total
costs by the number of persons invited, unless the items are purchased on
a per-person basis, in which case the per-person cost should be used.
. Transportation should be valued on a round-trip basis unless only one-way
transportation is provided. Round-trip transportation expenses should be
considered a single gift. Transportation provided in a private conveyance
should be given the same value as transportation provided in a comparable
commercial @nveyance.
. Lodging provided on mnsecutive days should be considered a single gift.
Lodging in a private residence should be valued at the per diem rate
provided in Sec. 112.061(6XA)1, Fla. Stat., less the meal allowance rate
provided in Sec. 1 'l 2.061(6)(B), Fla. Stat.
. Food and beverages consumed at a single sitting or event are a single gift
valued for that sitting or meal. Other food and beverages provided on a
calendar day are considered a single gift, with the total value of all food and
beverages provided on lhat date being the value of the gift.
. Membership dues paid to the same organization during any 12-month
period are mnsidered a single gift.
. Entrance fees, admission fees, or tickets are valued on the face value of the
ticket or fee, or on a daily or per event basis, whichever is greater. lf an
admission ticket is given by a charitable organization, its value does not
include the portion of the cost that represents a contribution to that charity.
. Except as otherwise provided, a gift should be valued on a per occurrence
basis.
FOR MORE INFORMATION
The gift disclosures made on this form are required by Sec. 112.3148,
Florida Statutes. Questions may be addressed to the Commission on
Ethics, Post Office Drawer '15709, Tallahassee, Florida 32317-5709 or by
488-7864 or Suncom 278-7864.
Exhibit C565
CITIZENS' BILL OF RIGHTS
(A) This government has been created to protect the governed, not the governing. ln order to provide the
public with full and accurate information, to promote efficient administrative management, to make
government more accountable, and to insure to all persons fair and equitable treatment, the following
rights are guaranteed:
1. Convenient access. Every person has the right to transact business with the City with a
minimum of personal inconvenience. lt shall be the duty of the City Manager and the City
Commission to provide, within the City's budget limitations, reasonably convenient times and
places for required inspections, and for transacting business with the City.
2. Truth in government No municipal official or employee shall knowingly furnish false information
on any public matter, nor knowingly omit significant facts when giving requested information to
members of the public.
3. Public records. All audits, reports, minutes, documents and other public records of the City and
its boards, agencies, departments and authorities shall be open for inspection at reasonable
time and places convenient to the public.
4. Minutes and ordinance register. The City Clerk shall maintain and make available for public
inspection an ordinance register sFparate from the minutes showing the votes of each member
on all ordinances and resolutions' E listed by descriptive title. Written minutes of all meetings
and the ordinance register shall be available for public inspection not later than thirty (30) days
after the conclusion of the meeting.
Right to be heard. So far as the orderly conduct of public business permits, any interested
person has the right to appear before the City Commission or any City agency, board or
department for the presentation, adjustment or determination of an issue, request or
controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of
the public, and the agenda shall be divided into approximate time periods so that the public may
know approximately when a matter will be heard. Nothing herein shall prohibit the City or any
agency thereof from imposing reasonable tlme limits for the presentation of a matter.
Right to notice. Persons entitled to notice of a City hearing shall be timely informed as to the
time, place and nature of the hearing and the legal authority pursuant to which the hearing is to
be held. Failure by an individual to receive such notice shall not constitute mandatory grounds
for canceling the hearing or rendering invalid any determination made at such hearing. Copies
of proposed ordinances or resolutions shall be made available at a reasonable time prior to the
hearing, unless the matter involves an emergency ordinance or resolution.
No unreasonable postponements. No matter once having been placed on a formal agenda by
the City shall be postponed to another day except for good cause shown in the opinion of the
City Commission, or agency conducting such meeting, and then only on condition that any
person so requesting is mailed adequate notice of the new date of any postponed meeting.
Failure by an individual to receive such notice shall not constitute mandatory grounds for
canceling the hearing or rendering invalid any determination made at such hearing.
Right to public hearing. Upon a timely request of any interested party a public hearing shall be
held by any City agency, board, department or authority upon any significant policy decision to
be issued by it which is not subject to subsequent administrative or legislative review and
hearing. This provision shall not apply to the law department of the City nor to any body whose
duties and responsibilities are solely advisory.
At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel
shall be entitled to present his case or defense by oral or documentary evidence, to submit
rebuttal evidence, and to conduct such cross-examination as may be required for a full and true
disclosure of the facts. The decision of any such agency, board, department or authority must
be based upon the facts in the record. Procedural rules establishing reasonable time and other
limitations may be promulgated and amended from time to time.
5.
6.
7.
8.
Exhibit D Page 1
566
9.Notice of action and reasons. Prompt notice shall be given of the denial in whole or in part of a
request of an interested person made in connection with any municipal administrative decision
or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall
be accompanied by a statement of the grounds for denial.
Managers' and attorneys' reports. The City Manager and City Attorney shall periodically make a
public status report on all major matters pending or concluded within their respective
jurisdictions.
Budgeting.ln addition to any budget required by state statute, the City Manager shall prepare a
budget showing the cost of each department for each budget year. Prior to the City
Commission's first public hearing on the proposed budget required by state law, the City
Manager shall make public a budget summary setting forth the proposed cost of each individual
department and reflecting the personnel for each department, the purposes therefor, the
estimated millage cost of each department and the amount of any contingency and carryover
funds for each department.
Quarterly budget comparisons. The City Manager shall make public a quarterly report showing
the actual expenditures during the quarter just ended against one quarter of the proposed
annual expenditures set forth in the budget. Such report shall also reflect the same cumulative
information for whatever portion of the fiscal year that has elapsed.
Adequate audits. An annual audit of the City shall be made by an independent certified public
accounting firm in accordance with generally accepted auditing standards. The independent
City Auditor shall be appointed by the City Commission; both appointment and removal of the
independent City Auditor shall be made by the City Commission. A summary of the results of
the independent City Auditor's annual audit, including any deficiencies found, shall be made
public. ln making such audit, proprietary functions shall be audited separately and adequate
depreciation on proprietary facilities shall be accrued so the public may determine the amount of
any direct or indirect subsidy. Duties, method of selection, and method of compensation of the
independent City Auditor shall be established by ordinance.
Representation of public. The City Commission shall endeavor to provide representation at all
proceedlngs significantly affecting the City and its residents before state and federal regulatory
bodies.
Natural resources and scenic beauty. lt shall be the policy of the City of Miami Beach to
conserve and protect its natural resources and scenic beauty, which policy shall include the
abatement of air and water pollution and of excessive and unnecessary noise.
Nondiscriminafion. No person shall be deprived of any rights and privileges conferred by law
because of race, color, national origin, religion, gender, sexual orientation, disability, marital
status, familial status, or age.
Nondiscrimination in City Employment and Benefits. The City of Miami Beach shall not
discriminate in employment practices and benefits offered based upon an employee or
applicant's race, color, national origin, religion, gender, sexual orientation, gender identity,
disability, marital status, familial status, or age.
Ethics in Governmenf. The public's confidence and trust in City of Miami Beach operations and
government must meet the most demanding ethical standards and demonstrate the highest
level of achievement in its adherence to ethics laws. City of Miami Beach officials and
employees are agents of the people and hold their positions for the benefit of the public-as
public servants, they are to observe in their official acts a high standard of conduct and to
discharge faithfully the duties of their office regardless of personal considerations and interests,
recognizing that promoting the public interest and maintaining the respect of the people in their
government must be of foremost concern. ln upholding the values of accountability and
responsibility, all city officials and employees shall abide by applicable codes of ethical conduct,
and be subject to all penalties provided for in such regulations.
10.
11.
12.
13.
14.
15.
16.
17.
18.
Exhibit D Page 2
567
19. lmprovement of Public Educational Facilities available to Miami Beach Citizenry.lt shall be the
policy of the City of Miami Beach to cooperate with the Miami-Dade County public schools, and
with other appropriate governmental agencies, which will strive to improve the quality and
quantity of public educational facilities available to the citizenry of the City of Miami Beach,
Florida.
20. City Asslsfance to Condominium and Co-op Owners. The City of Miami Beach hereby
acknowledges the purpose and duties of the City's Administration as assisting condominium
and co-op owners to navigate through the City's permitting process; to facilitate the resolution of
other condominium-related issues with other outside agencies; and to act as a liaison between
condominium or co-op owners, management firms and the City.
(B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the
City of Miami Beach. Such power necessarily carries with it responsibility of equal magnitude for the
successful operation of government in the City. The orderly, efficient and fair operation of
government requires the intelligent participation of individual citizens exercising their rights with
dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of
the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of
public office.
(C) Remedies for violations. ln any suit by a citizen alleging a violation of this Bill of Rights filed in the
Dade County circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall
be entitled to recover costs as fixed by the court. Any public official or employee who is found by the
court to have willfully violated this article shall forthwith forfeit his office or employment.
(D) Construction. All provisions of this article shall be construed to be supplementary to and not in
conflict with the general laws of Florida. lf any part of this article shall be declared invalid, it shall not
affect the validity of the remaining provisions.
(Res. No.2003-25288,7-30-03; Res. No.2003-25391,7-30-03; Res. No.2A03-25443,12-10-03;
Res. No. 2A09-27152,7-22-09; Res. No. 2013-28299,7-19-13; Res. No. 2013-28302,7-19-13; Res.
No. 201 3-28303, 7-1 9-1 3)
FOOTNOTE(S):
-- (2) --
Editor's note- The following footnote to this section on citizen's bill of rights was adopted with the
Charter: "'Ordinance" means an official legislative action of the Miami Beach City Commission, which
action is a regulation of a general and permanent nature and enforceable as a local law. "Resolution"
means an expression of the Miami Beach City Commission concerning matters of administration, an
expression of a temporary character, or a provision for the disposition of a particular item of the
administrative business of the Miami Beach City Commission.
Exhibit D Page 3
568
tb I'Ai,lrMlB[:qi;i {
CITWVIDE POLICY AND PROCEDURE
DATE ISSUED:
JANUARY 2013
DATE UPDATED:
Page: 1
Of:3
SEQUENCE
NUMBER:
HR.18.01
SUBJEGT:
REPORTING ARRESTS, I NDICTMENTS
AND CONVICTIONS
RESPONS]BLE DEPARTMENT:
HUMAN RESOURCES
PURPOSE:
The City of Miami Beach is committed to protecting the safety, health and well-being of its
employees, residents, visitors and customers. To further the commitment to a safe
environment, all employees (fulltime, part-time, regular, probationary or temporary) shall be
required to report all arrests, charges, indictments, convictions, and withholds of adjudication.
This requirement also applies to contracted personnel and temporary agency employees
assigned to the City,
POLICY:
Once hired, employees arrested or detained and issued a Notice to Appear, or charged with or
indicted for a criminal offense (felony or misdemeanor), including driving under the influence
(DUl) and/or other criminal traffic offenses, shall provide written notification to the Human
Resources Director using the attached Notification of Employee Arrest, lndictment or Criminal
Conviction Form (hereinafter referred to as "the Form") within two (2) calendar days. lf it is
impossible for the employee to make a timely report due to hospitalization or incarceration
related to the incident, the Form shall be completed as soon as possible, and in no event more
than twenty-four (24) hours after the employee's release. The Human Resources Director shall
advise the employees' DepartmenUDivision Director of the employee's arrest, detainment and
issuance of a Notice to Appear, charge or indictment of an applicable criminal offense.
Employees shall report to the Human Resources Director, in writing, using the attached Form,
any conviction, finding of guilt, withhold of adjudication, enrollment in a pretrial diversion
program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than
minor traffic violations within forty-eight (48) hours after the final judgment. The Human
Resources Director shall advise the-e-mployee's DepartmenUDivision Directbr of the employ-ee's
conviction, finding of guilt, withhold of adjudication, enrollment in a pretrial diversion program, or
entering of a plea of guilty or Nolo Contendere for any applicable criminal offense.
Supervisors who become aware of a subordinate who has been arrested, charged, indicted,
given a Notice to Appear, convicted, found guilty, given a withhold of adjudication, enrolled in a
pretrial diversion program or entered a plea of guilty or Nolo Contendere for any criminal
offense shall immediately notify the Human Resources Director.
VIOLATIONS:
Pursuant to Rule X of the City of Miami Beach Personnel Rules, the City may take disciplinary
action against an employee who is arrested or indicted, even if there is no resulting conviction.
Violation of this policy shall result in disciplinary action based on progressive discipline in
accordance with the provisions of the applicable collective bargaining agreement and/or
Personnel Rules.
Exhibit E
569
g ,'",,''\i,/:i/t,'ii;.,i :r'\(. ,i i
CITYWIDE POLICY AND PROCEDURE
DATE ISSUED:
JANUARY 2013
DATE UPDATED:
Page:2
Of:3
SEQUENCE
NUMBER:
HR.18.01
SUBJECT:
REPORTING ARRESTS, IN DICTMENTS
AND CONVICTIONS
RESPONSIBLE DEPARTMENT:
HUMAN RESOURCES
DEFINITIONS:
Criminal Traffic Offenses include, but are not limited to:
1. Leaving the scene of an accident;
2. False information regarding an accident;
3. Operating a motor vehicle without a license or while license is suspended;
4. Driving while under the influence or with an unlaMul blood alcohol level;
5. Failure to sign or accept a summons; andior
6. Fleeing and eluding police officers or reckless driving.
Reviewed by:
Office of Budget and Performance lmprovement
Date
l-"l.€:r3
Exhibit E
570
b Ai\ i Al''...1i i 1,,1.."iliir., i' !
CITYWIDE POLICY AND PROCEDURE
DATE ISSUED:
JANUARY 2013
DATE UPDATED:
Page:3
Of:3
SEQUENCE
NUMBER:
HR.18.01
SUBJECT:
REPORTING ARRESTS, INDICTMENTS
AND CONVICTIONS
RESPONSIBLE DEPARTMENT:
HUMAN RESOURCES
NOTIFICATION OF EMPLOYEE ARREST, INDICTMENT OR CRIMINAL CONVICTION FORM
Date:
Employee Name:lD Number:
DepartmenUDivision:Title:
Tvoe of Incident (check one):
;"-n';;",r";E conviction: E withhord orAdjudication, l-_]
Other:
Name of Jurisdiction/Authority:
Case Number(s):
Nature of Alleged Offense:
Date and Time of Arrest, lndictment, Conviction, or Withhold of Adjudication:
Release Status:
Date of future court appearance if known:
I acknowledge the above information is factual. In addition, I shall provide written update
information to rny supervisor no later than two (2) calendar days after a change in the status of
this matter occurs.
Date:
ATTACH ADDITIONAL SHEETS IF NECESSARY
Employee's Signature:
Exhibit E571
RULE III. THE CLASSIFICATION PLAN
SECTION 1: PURPOSE: It is the purpose of the Classification Plan to provide an orderly
inventory and appraisal of Classifications so that the following ends may be attained:
(a) Equality of pay on the basis of sufficiently similar duties and responsibilities.
(b) Proper pay differences in Classifications which differ significantly in duties and
responsibilities.
(c) Improved recruitment through appropriate definitions of Classifications and the
establishment of Specifications which include reasonable standards of fitness for
Appointment or Promotion.
(d) Orderly control of personnel changes such as Transfers, Promotions, Demotions,
leaves ofabsence and any other personnel changes.
SECTION 2z CLASSIFICATION SPECIFICATIONS INTERPRETED: ThE
Specifications for each of the various Classifications shall have the following force and effect:
(a) They are descriptive and explanatory and are not restrictive. The inclusion of a
particular illustration of duties shall not be held to exclude others not mentioned.
(b) In determining the assignment of given Specihcations to a particular
Classification, the Specifications shall be considered as a whole.
(c) The Specifications shall not limit the power of the Appointing Authority to
modiff or alter detailed tasks or duties involved in or to be performed within the
Classification. When there is a substantial change in duties, except for a temporary
period or by the addition of duties which are incidental, such change shall be reported to
the Human Resources Director to consider a possible re-Classification.
SECTION 3: ALLOCATION TO CLASSIFICATION:
(a) The Human Resources Director shall ensure that every employee is allocated to a
Classification established by the Classification Plan.
(b) Classifications which have undergone a substantial change in duties and require
re-Classification, or new duties, shall be so classified by the Human Resources Director
after consultation with the Appointing Authority as the Human Resources Director
deems appropriate.
(c) The wage rate of re-Classified employees is as follows:
15 - Amended December 72,2074
Personnel Rules572
1. The compensation of such employee shall not be reduced if the
individual's then current wage is within the wage scale of the new Classification
and the duties of such old and new Positions are similar.
2. The compensation of such employee shall be reduced to no higher than
the maximum for the lower Classification if the employee is assigned or re-
Classified to a lower paying Classification.
(d) If a Position is assigned to a higher Classification because of substantially
changed duties or responsibilities, the Human Resources Director may (1) require the
incumbent employee to demonstrate fitness by passing a non-competitive examination,
(2) transfer the incumbent employee to a vacant Position in the Classification to which
the incumbent employee was formerly allocated, or (3) place the incumbent employee's
name on the Re-Employment List for the Classification to which the incumbent
employee was formerly allocated. Allocation to a higher Classification shall be subject to
the approval of the City Manager.
SECTION 4: MAINTENANCE OF THE CLASSIFICATION PLAN:
(a) New Specifications or changes in Specifications requested by any Appointing
Authority shall be reported to the Human Resources Director who shall consider the
proper Classification of such new Position.
(b) The Appointing Authority shall report substantial changes in Specifications to the
Human Resources Director who shall investigate such changes and determine whether
such changes require re-Classification of the Position.
(c) An employee may make a written request to the Human Resources Director at
any time for a review of the Specifications of the employee's Classification, explaining
the reasons for the request. Upon review, the Human Resources Director shall
determine what action, if any, is appropriate.
SECTION 5: AMENDMENT OF THE PLAN: The Human Resources Director may survey
and record the Specifications of all Classifications and, after consultation with the Appointing
Authorities, frdy recommend to the Personnel Board changes or modifications to the
Classification Plan covering all such Classifications. When changes in City organization or
operations require the creation of new Classifications, substantial changes to an existing
Classification or other amendments to the Classification Plan, these shall be adopted according
to the same procedures established for the original adoption of the Plan as set forth in Article
IV, entitled Civil Service System, in the City Charter.
15 - Amended December !2,201.4
Personnel Rules573
RULE IV. THE COMPENSATION PLAN
SECTION 1: PURPOSE: It is the purpose of the Compensation Plan to provide a fair means
for determining compensation based on Classification.
SECTION 2: PREPARATION, APPROVAL AND AMENDMENT OF THE COMPEN-
SATION PLAN: The Human Resources Director shall prepare a Compensation Plan which
shall consist of a Schedule of Pay for each Classification indicating the minimum and maximum
range of wages. In arriving at such wage ranges, consideration shall be given to prevailing rates
of pay in private business and the public sector, the current cost of living, and the City's
financial condition and policies. The Human Resources Director shall submit the proposed
Compensation Plan to the City Manager who shall review and adjust the Compensation Plan as
necessary. The City Manager shall submit the Compensation Plan to the City Commission.
Amendment of the Compensation Plan with supporting data prepared by the Human Resources
Director may be submitted by the City Manager at any time to the City Commission for
approval in accordance with the Classified Salary Ordinance.
SECTION 3: EFFECT OF THE PLAN: The City Commission establishes the Compensation
Plan under the Classified Salary Ordinance; the Compensation Plan shall constitute the official
schedule of wages for all Classifications. No person shall be assigned a wage greater than the
maximum or less than the minimum set forth in the Compensation Plan for that Classification.
SECTION 4: ADMINISTRATION OF THE COMPENSATION PLAN:
(a) The entrance wage for new appointees shall be within the wage range for the
Classifi cation of Appointment.
(b) The re-employment wage rate shall be within the range for the Classification of
Re-Appointment.
(c) When an employee has an Organizational Transfer or Classification Transfer, no
changes in the employee's wage rate shall be made because of such Transfer.
(d) When an employee is promoted to a higher Classification, and the employee's
wage is lower than the minimum of the higher Classification, then the wage rate shall be
increased immediately to within the range of the higher Classification.
(e) When an employee is demoted to a lower Classification and the employee's wage
rate is higher than the maximum of the lower Classification, then the wage rate shall be
decreased immediately to no higher than the maximum wage rate of the lower
Classification.
(f) An annual review of the wage rate of each employee shall be made by the Human
Resources Director in consultation with the Appointing Authority. Adjustment may be
made within the wage range after an analysis of the performance evaluation, length of
service of each employee, and after considering the recommendations of the Appointing
17 - Amended December t2,2OL4
Personnel Rules
574
Authority, provided that in no case shall the wage rate be increased above the maximum
established for the Classification and provided further, that such wage rate adjustment
shall be approved by the City Manager.
L8 - Amended December t2,2Ot4
Personnel Rules
575
RULE V. CERTIFICATION OF PAYROLLS
SECTION 1: CERTIFICATION: Prior to the payment of any salary, wage, or other
compensation to any employee for services, the Human Resources Director or designee shall
certify that the persons named on a payroll, estimate or account have been appointed or
employed pursuant to and have fully complied with the terms of the Civil Service Act and these
Rules.
SECTION 2: REFUSAL TO CERTIFY: Before Certification, the Human Resources Director
or designee shall take all appropriate steps to assure that each payroll, estimate, or account is
prepared in accordance with the provisions of all applicable laws and these Rules. If any item
fails to comply with such provisions, the Human Resources Director or designee shall refuse to
certify such item.
SECTION 3: ILLEGAL APPOINTMENT: Each Appointing Authority shall comply with
and shall effectuate the provisions of the Civil Service Act and these Rules. No Appointing
Authority shall select any person for Appointment except in accordance with the Civil Service
Act and these Rules.
19 - Amended December 12,20L4
Personnel Rules576
RULE VI. APPLICATIONS AND EXAMINATIONS
SECTION 1: SCOPE OF EXAMINATIONS: Examinations may include, but are not limited
to, written tests, oral tests, perfornance tests, psychological evaluations, evaluations of training
and experience, and tests of knowledge, manual skills, physical ability, fitness, or any
combination thereof.
SECTION 2: NOTICE OF EXAMINATIONS:
(a) Entrance Examination: The Human Resources Director shall give public notice
of all competitive examinations for initial entrance into the Classified Service. Such
notice shall be advertised online at www.miamibeachfl.sov and shall be posted in or near
the Human Resources Department and also may be distributed among public officials,
educational institutions, professional and vocational societies, and such other individuals
and organizations as the Human Resources Director may deem appropriate. Such notice
shall specify the title and minimum compensation of the Position, the minimum
Specifications required, the final date on which applications will be received, and any
other pertinent information consistent with the provisions of these Rules.
(b) Continuous Examination:
i. The Human Resources Director may give examinations on a continuous
basis for Positions approved by the Personnel Board.
ii. Notice of continuous examinations shall be posted in or near the Human
Resources Department and shall be advertised online at wrryw.miamibeachfl.gov
at least once every ninety (90) days.
(c) Promotional Examination: Notice of competitive promotional examinations to
be held shall be advertised online at www.rniamibeachfl.gov for no less than seven (7)
calendar days. Notice may also be posted in the offices, the departments or divisions
whose employees are Eligible to compete, and may be given by individual
communication to employees Eligible to compete in such promotional examination.
(d)
SECTION 3: QUALIFICATION REQUIREMENTS OF APPLICANTS: All applicants
must meet the minimum Specifications for the Classification for which application is made.
When a position for which an examination is to be held has not yet been allocated to a
Classification in accordance with these Rules, the minimum qualifications to be required of
applicants shall be established by the Personnel Director with the approval of the Personnel
Board.
SECTION 4: APPLICATIONS: A11 applications shall be made on forms and in the manner
determined by the Human Resources Director. The application may require information
regarding education, experience, references and any other information pertinent for the
Classification, including a photograph. All submitted applications will be deemed certified by
20 - Amended December 12,2074
Personnel Rules577
the applicant as true and accurate. Applications must be filed with the Human Resources
Department within the time limit specified in the public notice.
SECTION 5: DISQUALIFICATION OF APPLICANTS:
(a) The Human Resources Director may refuse to examine an applicant who is not
employed, or after examination may remove the applicant's name from the resulting
Eligible List, or refuse to certify for appointment any applicant who: (1) does not meet
the minimum Specifications established for that Classihcation; (2) is a qualified
individual with a disability but is unable to perform the essential functions of the Position
with or without reasonable accommodation; (3) is currently engaging in the use of illegal
drugs, illegal use of controlled substances or is under the influence of alcohol, illegal
drugs, or non- prescribed controlled substances, upon examination after a contingent job
offer; (4) has been convicted of any crime that, based upon the totality of factors,
including, but not limited to, the nature of the offense, the recency of the offense andlor
lack of evidence of rehabilitation, is determined to be job related, involves moral
turpitude or violence to any person; (5) has been dismissed from public service or
previous employment for cause; (6) has made a false statement or act of omission of
material fact in the application; (7) resigned after the institution of disciplinary action; or
(8) has violated or is in violation of the provisions of these Rules.
(b) This section does not apply to an applicant who is a Regular employee of the
City.
SECTION 6: PROMOTIONAL EXAMINATIONS: The Human Resources Director shall
determine when vacancies in the Classified Service may be satisfactorily filled by the
Promotion of a Regular employee. The Human Resources Director shall conduct promotional
examinations among such Regular employees determined to be Eligible to compete. The
Human Resources Director may establish additional qualifications for participation in
promotional examinations, which shall be announced prior to examination.
SECTION 7: NON-COMPETITIVE EXAMINATIONS: Non-competitive examinations
may be administered for Classifications which require peculiar and exceptional qualifications of
a scientific, managerial, professional, or educational character, or when the character of the
work, the conditions of employment or the compensation make it impracticable to secure a
sufficient number of qualified applicants through competitive examination, upon approval by
the Personnel Board.
SECTION 8: CONDUCT OF EXAMINATIONS: The Human Resources Director or a
designee shall be responsible for the conduct of all examinations.
(a) Identification of persons taking a competitive written examination may be
concealed through the use of identification numbers if the Human Resources Director
deems it appropriate. In such cases, all examinations bearing names of the applicant or
any other identifying mark other than the assigned number shall be rejected and the
applicant notified.
21- Amended December 12,20L4
Personnel Rules578
(b) The Human Resources Director shall take proper precautions to prevent any
applicant or other unauthorized person from obtaining questions or any other material to
be used in any examination in advance unless such questions or other material are
available to all applicants. The Human Resources Director shall also prevent the
examiner's identification of any applicant, or any applicant's work in examinations that
requires the concealment of identity prior to completion of the rating of all applicants'
work.
(c) When an applicant possesses or uses any extraneous, forbidden, or unfair source
of information to assist in answering the questions or doing the assigned work, the
examiner shall confiscate all material, document the circumstances, and submit such
documentation to the Human Resources Director. The Human Resources Director may
take such action as deemed appropriate including, but not limited to, disciplinary action
up to and including termination and disqualification of the applicant.
(d) If the Human Resources Director determines an examination or portion thereof
was conducted unfairly to an applicant, such examination or portion thereof may be re-
administered for the applicant.
SECTION 9: RATING OF EXAMINATIONS: In all examinations, the minimum grade or
rating for eligibility on an Eligible List shall be determined by the Human Resources Director.
Such grade or rating may take into consideration all factors of the examination including, but
not limited to, credits for training, experience, past service with the City, the application of the
person, the oral interview, and other verified information.
SECTION 10: NOTICE OF RESULTS OF EXAMINATION: Unless the information is
posted, as soon as practicable every applicant shall be notified of his/her final rating, whether
the minimum possible grade was obtained and his/her relative Position on the Eligible List.
Within thirty (30) days of the date of the examination, or as otherwise provided for in an
applicable collective bargaining agreement, the applicant may review the applicant's
examination score sheets by submitting a written request to the Human Resources Director. If
an applicant believes that an error has been made in the grading or rating of the applicant's
examination, the applicant must notifu the Human Resources Director within thirty (30)
calendar days, or as otherwise provided for in an applicable collective bargaining agreement, of
the establishment of an Eligible List resulting from such examination. If the Human Resources
Director determines that an error has occurred, the Human Resources Director shall correct the
eror as deemed appropriate.
SECTION 11: PRESERVATION OF WORK OF APPLICANTS:
(a) The applications, examination papers, other work and ratings of applicants who
receive scores less than the minimum passing grade and who are not placed on the
Eligible List, shall be retained for a period consistent with governing laws, but may be
destroyed thereafter at the discretion of the Human Resources Director.
22 - Amended December L2,20L4
Personnel Rules579
(b) The applications, examination papers and other work and ratings of applicants
who are placed on the Eligible List shall be retained for the life of the Eligible List, and
shall be open to inspection by an Appointing Authority for consideration in making
appointments. Such documents shall be retained for a period consistent with governing
laws, but may be destroyed thereafter at the discretion of the Human Resources Director.
If the applicant receives an Appointment, such documents shall become part of the
personnel file.
SECTION 12: POSTPONEMENT AND CANCELLATION OF EXAMINATIONS: All
examinations shall be held upon the dates fixed by the Human Resources Director in the public
notices; however, the Human Resources Director may postpone any examination because of an
inadequate number of applicants, non-attendance of examiners or for any other reason. The
Human Resources Director may also cancel any examination which becomes unnecessary
because of a change in the personnel requirements.
23 - Amended December 12,2074
Personnel Rules
580
RULE VII. ELIGIBILITY LISTS
SECTION 1: GENERAL PROVISIONS:
(a) ARRANGEMENT OF LISTS: The names of persons Eligible for Appointment
to each Classification may be arranged on three (3) Lists: the Re-Employment List, the
Transfer List, and the Original Entrance List. Additionally, for certain Classifications,
rurmes of persons eligible for Appointment shall be arranged on a Promotional List.
(b) RE-ARRANGEMENT OF ELIGIBLES:
1. If at any time after the creation of an Eligible List, and during the life of
such List, the Human Resources Director has reason to believe that any person
should be disqualified for Appointment because of incapacity or for any reason
provided in Rule VI, Section 5(a), such person shall be notified and given an
opportunity to be heard by the Human Resources Director. If such person fails to
appear or if upon being heard fails to satisfy the Human Resources Director, the
person's name shall be removed and the remaining names shall be re-arranged
into their proper place on the Eligible List.
2. Upon the correction of an error in the marking of an examination as
provided in Rule VI, Section 10, the name of such person shall be inserted into its
proper place on or removed from the Eligible List as determined by the Human
Resources Director.
(c)REMOVAL OF NAMES FROM LISTS:
1. Each person whose name appears on an Eligible List shall file all contact
information including telephone number(s), email and residential address(es) and
shall provide written notice of any change of either electronic or residential
address, whether temporary or pennanent, with the Human Resources Director.
Failure to do so may cause the person's name to be removed from the List.
2. The name of any person appearing on any Eligible List may be removed
by the Human Resources Director: (a) if the person fails to respond within ten
(10) calendar days from the date a notice of certification is sent or issued; (b) if
the person declines an appointment without an explanation; or (c) if the person
cannot be located in five (5) calendar days. In case of such removal, the Human
Resources Director shall notifu the person at the last known electronic and
residential address. The person may be reinstated on the Eligible List only at the
discretion of the Human Resources Director.
SECTION 2: RE-EMPLOYMENT LISTS: For each Classification, the Human Resources
Director shall maintain a Re-Employment List consisting of the names of persons who were laid
off from such Positions as Regular employees. The names of employees who have been laid off
may also be placed on Re-Employment Lists for such other Classification as the Human
Resources Director deems appropriate. The order in which names shall be placed on Re-
24 - Amended December 72, 2074
Personnel Rules
581
Employment Lists shall be determined by the Human Resources Director after consideration of
priority, length of service, skills, qualifications, ability to perform the work available,
performance evaluations, disciplinary history and any other factors the Human Resources
Director deems relevant. The duration of eligibility of names on Re-Employment Lists shall
expire individually at the conclusion of one (1) year from the date the employee's name was
placed on the Re-Employment List.
SECTION 3: TRANSFER LIST: For each Classification, the Human Resources Director shall
maintain a general Transfer List consisting of the names of persons who expressed in writing
the desire to transfer to a particular Classification or Position and who have occupied Positions
in such Classification as Regular employees or who the Human Resources Director determines
are otherwise qualified. The names will be placed on the Transfer List in alphabetical order.
The duration of eligibility of names on the Transfer List may continue from year to year.
SECTION 4: ORIGINAL ENTRANCE LISTS:
(a) Open Competitive Examinations: The Human Resources Director shall prepare
a List of Eligibles based on Open Competitive Examinations; the names shall be placed
upon such List in order according to the final eamed rating. The final earned rating shall
be determined by the earned ratings on all phases of the examination according to
weights for each phase established and announced by the Human Resources Director.
Whenever it becomes necessary to hold a subsequent examination to obtain additional
Eligibles from an Original Entrance List, the Human Resources Director may combine
existing Lists with the new List for the same Classification by arranging the Eligibles'
names as provided above, without regard to the time of the examination. Original
Entrance Lists shall expire one (1) year after the posting of the results of the original
entrance examination, or one (1) year after the date of combining Lists provided,
however, that the eligibility of individual names on the Original Entrance List shall
expire eighteen (18) months, which is defined as 547 calendar days, from the date the
individual's name was placed on the Eligible Lists.
(b) Non-Competitive Examinations: The Human Resources Director shall prepare
an Eligible List of all applicants meeting the required minimum Specifications for the
Classification.
(c)Open Continuous Examinations:
1. In those Classifications for which there are continuous examinations, the
Eligible List shall be prepared by the Human Resources Director by placing
names on such List in order preference according to the final eamed rating,
without regard to the time of the examinations.
2. The duration of eligibility of names on Continuous Examination Lists
shall expire individually at the conclusion of one (1) year from the date the
applicant's name was placed on the Continuous Examination List.
25 - Amended DecemberL2,2OL4
Personnel Rules582
SECTION: 5: PROMOTIONAL LISTS: After each Promotional Examination, the Human
Resources Director shall prepare a Promotional List of employees who achieved passing scores
in the examination, arranged in order of the final rating. The final rating shall be determined by
the earned ratings on all phases of the examination according to weights for each phase
established and announced by the Human Resources Director. Whenever it becomes necessary
to hold subsequent examinations in order to obtain additional Eligibles for a Promotional List,
the Human Resources Director may combine the existing List with the new List for the same
Classification by arranging all the Eligibles in order of preference according to the final eamed
rating without regard to the time of examination. The Promotional List shall expire one (1) year
after the posting of the results of a Promotional Examination, or where Lists have been
combined, one (1) year after the date of combining the Lists.
SECTION 6: CERTIFICATION OF ELIGIBLE LIST: An Eligible List shall become
effective when the Human Resources Director certifies that the List was prepared in accordance
with these Rules and accurately reflects the final eamed ratings in order of the persons whose
rurme appear thereon.
SECTION 7: RESTORATION TO LIST: A Promotional Probationary employee who has
been laid off during the Probationary Period and reverts to the previous Regular Classification
shall be restored to the original Position on the Promotional List for the remainder of the one (1)
year period after the posting of the results of the Promotional Examination, or where Lists have
been combined, one (1) year after the date of combining the Lists.
SECTION 8: OTHER RE-EMPLOYMENT/ EMPLOYMENT: Nothing herein prohibits an
Appointing Authority from re-employing within one (1) year an individual who previously held
the position and who unless laid off. has not accepted the Leave Settlement, or from employing
through Open Competition Examination, an individual who previously held a position within
the City and signed the Leave Settlement. An individual who previously held the position
within one (1) year or less and who did not accept the Leave Sefflement may be considered for
appointment to the position before the Eligibles on the Transfers List or the Eligibles on the
Original Entrance List.
26 - Amended December L2,20L4
Personnel Rules583
RULE VIII. METHODS OF FILLING VACANCIES
SECTION 1: TYPES OF APPOINTMENTS: A11 vacancies shall be filled by Appointment
from Eligible Lists certified by the Human Resources Director, unless the Human Resources
Director determines that a vacancy in the Classified Service may be filled by other methods as
specified herein. In the absence of an appropriate List, Temporary Appointments may be
permitted in accordance with the Civil Service Act and these Rules.
SECTION 2: NOTICE TO HUMAN RESOURCES DIRECTOR: Whenever vacancies in
the Classified Service are to be filled, the Appointing Authority shall request certification of
names from the Eligible Lists and shall notifu the Human Resources Director of the title, the
duties, the number of Positions to be filled, the Specif,rcations, and any other pertinent
information relating to the Classifications to which Appointments are to be made.
SECTION 3: CERTIFICATION OF ELIGIBLES:
(a) Upon receipt of a request for Certification of Eligible Lists, the Human Resources
Director shall provide names of Eligibles from Eligible Lists as follows:
1. The Human Resources Director shall certify to the Appointing Authority
names from the Re-Employment List before any certification of names may be
made from other Lists of Eligibles.
2. If there is no Re-Employment List, the Human Resources Director shall
certify to the Appointing Authority names from an Original Entrance List and/or
Transfer List.
(b) Whenever vacancies are to be filled, the Human Resources Director shall provide
the names of the Eligible persons ranking highest on the applicable List and certify at
least two (2) names over and above the number of vacancies to be filled.
(c) In the event a List contains an insufficient number of names and the Appointing
Authority requests that all vacancies be filled from one List and no List contains
sufficient names, the Appointing Authority may request that an examination be
conducted to create a List with the required number of names. Temporary Appointments
may be made pending the creation of an adequate List. If the Human Resources Director
determines, however, that a Temporary Appointment is inappropriate, the Human
Resources Director may appoint one or more employees from the Eligibles List.
SECTION 4: APPOINTMENTS: After such interviews and investigations as deemed
appropriate, the Appointing Authority shall make a contingent Appointment from the List of
one or more of the persons certified as Eligible, and shall immediately notify the Human
Resources Director of the person or persons appointed. If a candidate accepts an Appointment
and fails to present for duty within five (5) calendar days after instructed to do so, the candidate
shall be deemed to have declined the Appointment, unless otherwise provided by law.
27 - Amended December 72,2074
Personnel Rules584
SECTION 5: EMERGENCY APPOINTMENTS: In the event of a dire emergency, if the
Human Resources Director is unavailable or time is of the essence, the Appointing Authority
may select and appoint persons without regard to the Rules governing Appointments, but in no
case shall such Emergency Appointments continue longer than thirty (30) calendar days.
Successive Emergency Appointments of the same person shall not be made, and no person shall
serve under Emergency Appointment longer than thirty (30) calendar days in any twelve (12)
month period. Written notice of the Emergency Appointments shall be given immediately by
the Appointing Authority to the Human Resources Director.
SECTION 6: SUBSTITUTE APPOINTMENTS: Whenever it becomes necessary to frll the
Position of an employee who is absent from duties on a leave of absence, and the duration of the
leave and/or conditions of work are such that in the opinion of the Human Resources Director it
is impracticable to use Temporary Appointments, the Human Resources Director may approve
an appointment on a Substitute basis to fill the vacancy during the entire period of the leave. If
an Eligible List exists for the Classification to which the vacant Position belongs, selection shall
be made from this Eligible List in the same manner as provided for Probationary appointments;
if no such Eligible List exists, the Human Resources Director shall decide whether qualifying or
competitive tests shall be conducted. Any person so appointed shall be compensated within the
pay range provided for the Classification to which the vacant Position belongs, but no
Classihcation Service rights shall accrue to such substitute employee in such Classification or
Position.
SECTION 7: APPOINTMENT TO UNCLASSIFIED SERVICE:
(a) When any Regular employee in the Classified Service shall be appointed to an office
or position in the Unclassified Service, his/her position in the Classified Service shall be
considered vacated and shall be filled by the regular procedures which apply to filling
such positions on a permanent basis. The Regular employee so appointed to the
Unclassified office or position shall retain his/her Classified Service title and status.
(b) If such employee is separated from his/her Unclassified office or position, he/she
shall be returned to the position and classification in the Classified Service which he/she
held immediately prior to becoming an Unclassified employee with compensation within
the salary range then prevailing for such classification.
(c) In the event the Classified Service classification of such employee has been
abolished or otherwise discontinued, such employee shall be placed in a Classified
position at the same level as his/her Classified Service classification for which, in the
opinion of the Personnel Director, as approved by the Personnel Board, he/she possess at
least minimum qualifications. If there is no classification at such level, he/she shall be
placed in a Classified position at the next lower level for which, in the opinion of the
Personnel Director, as approved by the Personnel Board, he/she possesses at least
minimum qualifications. In either of such events, said employee shall be placed in such
Classified position with compensation within the salary range then prevailing for such
classification but not lower than the salary range held by such employee when appointed
to the Unclassified office.
28 - Amended December 72,2074
Personnel Rules585
RULE IX. PROBATIONARY PERIOD
SECTION 1: PURPOSE: The Probationary Period is an intrinsic part of the Appointment
process and shall be used to closely evaluate the employee's performance. A Probationary
employee who in the sole discretion of an Appointing Authority does not satisfactorily meet all
Specifications may be rejected by the Appointing Authority.
SECTION 2: DISCIPLINARY ACTION, SUSPENSION, REJECTION OR REMOVAL
DURING PROBATIONARY PERIOD: During the Probationary Period, an employee may be
subject to Rejection or disciplinary action including, but not limited to, Suspension, reduction in
pay or Classification, or Removal at any time without any prior notice or waming in the sole
discretion of the Appointing Authority. Notice of Suspension, reduction in pay or Classification,
or Removal must be given to the employee and the Human Resources Director. A Probationary
employee has no right to appeal Rejection, any disciplinary action, or Removal by the
Appointing Authority for any reason whatsoever. The Personnel Board has no jurisdiction over
Probationary employees. In the case of a Rejection, the Human Resources Director shall
determine whether or not the Probationary employee should be restored to an Eligible List
provided, however, a Probationary employee who has been rejected a second time or removed
shall not be restored to an Eligible List.
SECTION 3: REPORTS DURING THE PROBATIONARY PERIOD: The Human
Resources Director may require the Appointing Authority to submit a performance evaluation
of the Probationary employee.
SECTION 4z REGULAR APPOINTMENT AFTER PROBATIONARY PERIOD:
(a) All Appointments are subject to successful completion of six (6) months
Probationary Period, except as provided in these Rules.
(b) The Probationary Period for the Classifications of Firefighter I, Communications
Supervisor, Dispatcher, Dispatcher Trainee, ffid Code Compliance Officer I shall be
twelve (12) months.
The Probationary Period for Police Officer and Police Officer trainees shall be
eighteen (18) months. The Probationary Period for the Classifications of Police Officer
and Police Officer Trainee may be extended for an additional period of time up to
eighteen (18) months.
(c) The Original Entrance or Promotional Probationary Period for the following
Classifications shall be nine (9) months:
Sergeant of Police
Lieutenant of Police
Communications Operator
29 - Amended December t2,2OL4
Personnel Rules586
Communications Technician I
Identification Technician I
Identification Technician II
Identification Officer
Firefighter II
Fire Lieutenant
Fire Captain
Complaint Operator II
(d) A Probationary employee who is laid off or who resigns without pending
disciplinary action after serving four (4) or more months of the Probationary Period, and
who is re-appointed to the same Classification within one (1) year from the date of such
separation, shall be given full credit for such prior Probationary time towards completion
of the Probationary Period. In no event, however, is the Probationary Period to be served
after such Re-Appointment to be for less than one (1) calendar month.
SECTION 5: PROBATIONARY PERIOD AFTER HAVING ATTAINED REGULAR
STATUS:
(a) An employee rejected or laid off during the Probationary Period following a
Promotional Appointment to a higher Classification shall be re-appointed to the Position
from which the employee was promoted, even if the Layoff of the employee currently
occupying the former Position is necessary.
(b) An employee rejected during the Probationary Period following a Promotional
Appointment to a higher Classification for reasons which, in the opinion of the Human
Resources Director, constitute sufficient cause for Removal as provided in Rule XI,
Sections 2 and 6, shall be removed. If such employee is not part of a collective
bargaining unit, the employee shall have the right to appeal such Removal from the City
to the Personnel Board, but such employee shall not have the right to appeal the
Appointing Authority's determination that the employee did not pass probation.
SECTION 6: ABSENCES DURING PROBATIONARY PERIOD:
(a) All absences during a Probationary Period shall extend the date of completion of
the Probationary Period in time equal to the amount of time absent, except that the first
thirty (30) days of an absence for non-service connected injury or illness or the first sixty
(60) days of an absence for a service connected injury shall not extend the date of
completion of the Probationary Period if the employee is on approved FMLA leave, or if
the employee provides to the Human Resources Director proper medical evidence as to
the existence of an illness or injury within two (2) weeks after the injury or illness
commences, or as otherwise required by USERRA or other law.
(b) During an Original Entrance Probationary Period, any consecutive absence in
excess of three (3) weeks, except for an approved absence in connection with illness or
injury as provided in sub-paragraph (a) above or an absence which is otherwise provided
30 - Amended December t2,2OL4
Personnel Rules587
for by law, shall automatically cancel the Probationary Appointment. If, however, the
Appointing Authority submits a written request to the Human Resources Director and
obtains the Human Resources Director's approval, the appointee may be retained. The
Probationary Period shall continue from the date of the return to duty if absence is due to
military leave under USERRA. In the event such consecutive absence exceeds ninety
(90) days, the Probationary Period shall be automatically terminated, except for an
approved absence, illness or injury as provided in sub-paragraph (a) above or as
otherwise required by USERRA or other law.
(c) During a Promotional Probationary Period, any consecutive absence in excess of
six (6) weeks, except for an approved absence in connection with an illness or injury as
provided in sub-paragraph (a) above or an absence which is otherwise provided for by
law, shall automatically terminate the Probationary Appointment. If, however, the
Appointing Authority submits a written request to the Human Resources Director and
obtains the Human Resources Director's approval, such appointee may be retained. The
Probationary Period shall continue from the date of the return to duty if absence is due to
military leave under USERRA. In the event such consecutive absence exceeds six (6)
months, the Probationary Period shall be automatically terminated, except for an
approved absence, illness or injury as provided in sub-paragraph (a) above or as
otherwise required by USERRA or other law.
SECTION 7: NON-APPLICABILITY OF PART-TIME SERVICE: Service in a part time
capacity does not apply to, nor lessen the length of, the Probationary Period for that position.
31 - Amended December 12,201.4
Personnel Rules588
RULE X. DISCPLINARY ACTIONS
SECTION 1: PURPOSE: Any Appointing Authority may take disciplinary action against a
subordinate employee at arry time for sufficient cause which will promote the efficiency of the
City as determined by the Appointing Authority provided, however, that any action involving
loss of time, pay or benefits, must be submitted in advance to the Human Resources Director
who will make a recommendation to the City Manager as to whether or not the disciplinary
action should be approved, rejected or modified.
SECTION 2: GROUNDS FOR DISCIPLINARY ACTION:
(a) Sufficient cause is required for the Human Resources Director to issue an Intent to
Discipline. The Intent to Discipline shall list the grounds of alleged misconduct which, if
sustained, will result in Final Action to Discipline including reduction in pay, Suspension,
Demotion and/or Removal. Grounds for misconduct include, but are not limited to, if an
employee:
1. Has been convicted of a criminal offense involving moral turpitude,
referred to a pre-trial intervention or diversion program, pled guilty, entered an
admission of guilt or otherwise received a withhold of adjudication, or has been
arrested for any criminal offense or of conduct involving moral turpitude.
2. Has willfully violated any of the provisions of the Civil Service Act or of
these Rules or Work Rules, or has attempted to or does commit any act or acts
intended to nulliff any of the provisions thereof.
3. Has been guilty of conduct unbecoming an employee of the City.
4. Fails to report to the Human Resources Director, in writing, any
conviction, finding of guilt, withhold of adjudication, enrollment in a pretrial
diversion program, or entrance of a plea of guilty or nolo contendere for any
criminal offense other than minor traffic violation within forty-eight (48) hours
after the final judgment.
5. Fails to report knowledge of or reasonable basis of suspicion of another
employee's theft of time, money, property, fraud, embezzlement or comrption.
6. Has violated any la*flrl and reasonable regulation or order, or failed to
obey any lawful and reasonable directive from a superior where such violation or
failure to obey has resulted or may have resulted in loss or injury to the City, the
public, or to persons or property in the custody of the City.
7. Has engaged in any of the following:
32 -Amended December 12,2014
Personnel Rules589
(a) Has been intoxicated or under the influence of intoxicants or
narcotics while on duty or while wearing a City furnished uniform,
whether on or off duty.
(b) Has imbibed any amount of any intoxicant, narcotic, alcohol, illegal
drug, or controlled substance, has tested positive for any intoxicant,
alcohol, narcotic, illegal drug or controlled substance, or has used any
amount of any narcotics, alcohol, illegal drug, or controlled substance,
during duty hours if the employee is a sworn Police Officer, an employee
of the Fire Division detailed to fire fighting apparatus, or an employee
responsible for the operation of an automobile, truck, tractor, bulldozer,
roadgrader, roadroller, crane, or other such power equipment.
(c) Has failed to report a citation, arrest or notice to appear for any
moving violation if the employee is a sworn Police Officer, an employee of
the Fire Division detailed to fire fighting apparatus, or an employee
responsible for the operation of an automobile, truck, tractor, bulldozer,
roadgrader, roadroller, crane, or other such power equipment.
(d) Has tested positive or is in possession and/or is using, dispensing,
or selling any illegal drug or controlled substance not prescribed by a
licensed physician, whether on or off duty.
(e) Has tested positive or used and/or possesses alcohol during duty
hours.
8. Has a mental, psychological or physical condition which prevents the
employee from performing the essential functions of the Position with or without
reasonable accommodation.
9. Has been insubordinate.
10. Has been offensive in conduct or language toward the public, City ofhcers,
superiors, or toward other employees.
1 1. Has been incompetent, negligent or inefficient andlor has received two
consecutive overall performance evaluations of Improvement Needed,
Unsatisfactory, or any combination thereof.
12. Has been careless, inefficient, or negligent with the time, service
equipment materials, property or anything of value of the City. \
13. Has stolen, misplaced or misused time, services, equipment, materials,
property or any other thing of value belonging to the City, including the authority
accorded by the employee's Position.
33 - Amended December 72,2074
Personnel Rules590
14. Has threatened to use, attempted to use or used political influence ln
securing Promotion, leave of absence, transfer or change of Classification, pay or
character of work.
15. Has violated the provisions of the Conflict of Interest Ordinance of the
City of Miami Beach.
16. Has falsihed a time record or failed to report absence from duty in
accordance with prescribed procedures.
17. Has been absent from duty without approved leave of absence from the
Appointing Authority, or contrary to prescribed procedures, or has failed to report
after a leave of absence has expired, or within a reasonable time after such leave of
absence has been revoked or cancelled, if an extension of such is not otherwise
required by law.
18. Has been excessively absent or habitually tardy or has refused to perform a
reasonable amount of work when directed to do so.
19. Has engaged in any activities prohibited under the provisions of Rule I,
Section 3 of these Rules.
20. Has been antagonistic in attitude toward superiors or other employees,
criticizes orders or rules issued and policies adopted by superiors, or interferes
with the proper coordination of the City's employees to the detriment of efficient
public service.
21. Has been guilty of actions which amount to disgraceful conduct while on
or off duty.
22. Has willfully refused or failed to appear before any grand jury, court, or
judge, or officer, board or body authorized by law or the City Commission to
conduct any hearing or inquiry relative to the official duties of such employee, or
has refused and continues to refuse to answer any related questions concerning
official duties which have been asked of the employee as part of an official
hearing or inquiry by the Appointing Authority, the City Manager or by any other
person authorized by the City Commission or the City Manager to conduct such
hearing or inquiry, unless refusal to do so is otherwise protected by law.
23. Has been guilty of gross negligence or gross inefficiency in the
performance of duties, where such negligence or inefficiency has resulted in loss
or injury to the City, the public, or to persons or property affected thereby.
24. Has engaged in or failed to report unla,*fi.rl harassment, discrimination or
retaliation.
34 - Amended December 12,201.4
Personnel Rules591
25. Has engaged in or failed to report any violation of law or ethics.
26. Has violated the provisions of Department rules.
27. Has made a false statement or material omission in the application for
employment, promotion, advancement wage increase, or other term or condition of
employment; has made a false statement or material omission during al
investigation; has made a false statement or material omission in any
documentation.
28. Has had an excessive number of accidents resulting in personal injury,
injury to self, others or property, or other violation ofsafety practices.
29. Has a Position that requires the operation of a motor vehicle in the
performance of duties, is a swom police officer, an employee of the Fire Division,
detailed to fire hghting apparatus, or an employee responsible for the operation of
an automobile, truck, tractor, bulldozer, roadgrader, roadroller, crane, or other
power equipment, and has had driver's license or driving privileges suspended or
revoked; has failed to wear corrective lenses as required by Rule XVII, Medical
and Physical Standard.
30. Has a Position requiring a valid driver's license or valid specialized
license, and has failed to obtain or maintain such license or allowed it to lapse or
has had restrictions imposed by operation of law.
31. Has engaged in a physical altercation outside the lawful exercise of duties
with either other City employees or the general public, regardless of provocation.
32. For any otherjust cause.
SECTION 3: REDUCTION IN PAY:
(a) Subject to approval by the City Manager, an Appointing Authority may reduce the
wage of an employee for disciplinary purpose or when the employee's performance does
not conform to the required Specifications, Job Description, Work Rules, Department
Rules or for other just cause. Any such reduction must be submitted in advance to the
Human Resources Director who will make a recommendation to the City Manager as to
whether or not the reduction should be approved, denied or modified.
(b) In the event that an employee's wage is reduced for disciplinary purpose, such
reduction in pay shall not exceed five percent (5%) of the wage of such employee, and
shall continue for the length of time the employee remains in that Position; however, the
reduction may be adjusted by the Appointing Authority, with the approval of the City
Manager, at any time.
35 - Amended December 72, 2O!4
Personnel Rules592
(c) The procedures established by Rule XIII Appeals from Disciplinary Action shall
apply in case of appeals from reduction in pay of classified employees not in a collective
bargaining unit.
SECTION 4: DEMOTIONS: A reduction of employment status from a higher Classification to
a lower Classification is a Demotion.
(a) Subject to approval by the City Manager, an Appointing Authority may Demote an
employee for disciplinary purpose or when the employee's performance does not conform
to the required Specifications, Job Description, Work Rules, Department Rules or for
other just cause. Any request for a Demotion must be submitted in advance and in writing
to the Human Resources Director who will make a recommendation to the City Manager
as to whether or not the disciplinary action should be approved, denied, or modified.
(b) The Human Resources Director may place an employee to a vacant Position at the
request of such employee, after an investigation as the Human Resources Director may
deem necessffy. The Human Resources Director may arange the placement of the
employee to a vacant Position under another Appointing Authority. However, no such
placement will be made unless approved by both the Human Resources Director and the
prospective Appointing Authority. Notice of such proposed placement shall be given to
the current Appointing Authority by the Human Resources Director at least ten (10) days
before the placement becomes effective, unless said notice is waived in writing by the
current Appointing Authority.
(c) The Human Resources Director, with the consent of the prospective Appointing
Authority, may demote an employee to a vacant Position as a substitute for a Layoff. The
City Manager may require such action if the City Manager determines it is in the best
interest of the City. Any employee so demoted shall be placed on the Re-Employment List
for the Classification from which the employee was demoted. An employee shall not be
demoted to a Position for which the employee does not possess the minimum
Specif,rcation, as determined by the Human Resources Director.
(d) The procedure established by Rule XIII, Appeals from Disciplinary Action, shall
apply in case of appeals from Demotions made for disciplinary actions of classified
employees not in a collective bargaining unit.
SECTION 5: SUSPENSIONS:
(a) Subject to approval by the City Manager, an Appointing Authority may Suspend
an employee for disciplinary purpose or when the employee's performance does not
conform to the required Specifications, Job Description, Work Rules or department rules
or for other just cause. Any Suspension must be submitted in advance to the Human
Resources Director who will make a recommendation to the City Manager as to whether
or not the disciplinary action should be approved, denied, or modified.
35 - Amended December 72, 2OL4
Personnel Rules593
(b) Subject to the approval by the City Manager, an Appointing Authority may
suspend an employee at any time whenever an employee has been indicted, informed
against, or otherwise charged in any state or federal court and the Human Resources
Director determines the matter to be job related. Such suspension may continue until the
acquittal or conviction of such employee or until the case against the employee has been
otherwise resolved. However, if the charges, indictment, and/or information are dropped,
or otherwise dismissed by the prosecuting authority, the employee will be reinstated and
entitled to recover all lost wages and benefits suffered as a result of such suspension,
unless the City has otherwise taken disciplinary action, up to and including termination,
based upon such conduct or other conduct or violation of rules contained herein.
(c) If an employee requests a continuance based upon an indictment, information or
other charges and the continuance is granted, the employee shall waive any and all rights
to wages and all other benefits and terms and conditions of employment lost by reason of
such continuance from the date of said continuance until the date of acquittal.
(d) The procedure established by Rule XIII, Appeals from Disciplinary Action shall
apply in case of an appeal from Suspension made for disciplinary action of classified
employees not in a collective bargaining unit.
SECTION 6: REMOVALS:
(a) Subject to approval by the City Manager, an Appointing Authority may remove an
employee for disciplinary purpose or when the employee's performance does not conform
to the required Specifications, Job Description, Work Rules or department rules or for
other just cause. Any Removal must be submitted in advance to the Human Resources
Director who will make a recommendation to the City Manager as to whether or not the
disciplinary action should be approved, denied, or modified.
(b) The procedures established by Rule XIII, Appeals from Disciplinary Action shall
apply in case of appeals from Removals of classified employees not in a collective
bargaining unit.
37 - Amended December 12,2074
Personnel Rules594
RULE XI. TRANSFERS, ASSIGNMENTS, PROMOTIONS
SECTION 1: TRANSFERS:
(a) Classification Transfer: The Transfer of an employee from a Position in one
Classification to a Position in another Classification for which the employee is qualified
and for which the same maximum rate of pay has been established, is called a
Classification Transfer and may be made by the Appointing Authorities involved and the
Human Resources Director, or whenever the City Manager deems such action to be for
the good of the Service. No Classification Transfer which requires an employee to
Transfer from the employee's existing regular pension system or relief and pension fund
to any other, or which renders such employee ineligible to remain in or participate in
benefits of the employee's existing regular pension system or relief and pension fund,
shall be made without the written consent of the employee.
(b) Organtzational Transfer: The Transfer of an employee from a Position in one
Classification to another Position in the same Classification under another Appointing
Authority is called an Orgarizational Transfer, and may be made with the consent of the
Appointing Authorities involved and the Human Resources Director.
SECTION 2: OUT OF CLASSIFICATION ASSIGNMENT: The assignment for a temporary
period from a Position in one Classification to a Position in another Classification having a
higher maximum rate of compensation, or with the consent of the affected employee to another
Classification having a lower maximum rate of compensation under the same Appointing
Authority, is an Assignment and may be made in order to bring about a better distribution of
persons in the Service to effect economies or to provide training.
(a) Any employee so assigned to a higher Classification will receive the pay of the
higher Classification.
(b) Any employee so assigned to a lower Classification will maintain the current pay
or not be decreased.
(c) The time an employee spends in such Assignment shall not be used for computing
any rights in the higher Classification to which the employee may be so assigned.
SECTION 3: PROMOTIONS: An increase in employment status from a Position in a lower
Classification to a Position in a higher Classification is a Promotion. No Promotion shall be
made except as a result of examination as provided in these Rules. However, the Human
Resources Director may eliminate competitive examinations in specific categories as set forth in
Section 10G of Article IV of Subpart B of the Related Special Laws of the Code of City of
Miami Beach. If competitive examinations are eliminated, the Promotion shall be based upon
the Specifications, skill, ability, qualifications, length of service, performance evaluation,
disciplinary history, and such other factors as may be deemed relevant by the Human Resources
Director.
38 - Amended December 12, 2OL4
Personnel Rules
595
RULE XII. RESIGNATIONS AND LAYOFFS
SECTION 1: RESIGNATIONS:
(a) Any person who voluntarily withdraws as a Regular employee in the Classified
Service, whose service has been satisfactory, and withdraws from the Service after
submitting a written resignation, while in compliance with all attendant requirements of
the Appointing Authority and the Human Resources Director, and who further declines
to accept the Leave Settlement, may be re-employed.
(b) Any person who voluntarily withdraws as a Regular employee in the Classified
Service, whose service has not been satisfactory or who fails to submit a written
resignation or who fails to comply with the attendant requirements of the Appointing
Authority and the Human Resources Director or who accepts the Leave Settlement, shall
forfeit all Civil Service rights and may apply for employment only through Original
Entrance procedures.
(c) Employees who resign from employment after the institution of disciplinary
action are subject to disqualification from re-employment under Rule VI, Application
and Examination, Section 5.
SECTION 2: LAYOFFS:
(a) An Appointing Authority may reduce the number of employees or Positions in
any Classification because of lack of work, lack of funding, changes in job duties,
changes in organization, or for other legitimate reasons. Upon investigation and
recommendation by the Human Resources Director, the City Manager shall determine
whether only the employees of the Appointing Authority concemed shall be considered
for Layoff or whether the Service in whole or in part shall be considered. The Human
Resources Director shall inform the Appointing Authority as to the order in which
employees shall be laid off. The employee's length of service, skills, qualifications,
ability to perform the work available, performance evaluations, disciplinary history, and
any other factors deemed relevant will be considered in determining the order of Layoff.
A written notice of Layoff containing the reasons therefore shall be provided to each
employee or mailed electronically or otherwise to the last known address. In
determining the order of Layoff in each Classification, Temporary employees shall be
considered as a separate entity and the length and relative value of service of the
employees in such Temporary status shall be comparable only among such Temporary
employees of such Classification.
(b) No Regular or Probationary employee in a Classification shall be laid off so long
as any Emergency or Temporary employee is employed in the same Classification, or
any other Classification to which Transfers can readily be made in the opinion of the City
Manager. Furthermore, all employees in a Classification who have not completed an
Original Probationary Period shall be laid off before any Regular employees in the same
Classification. In the event of further reductions in force, employees will be laid off or
39 - Amended December L2,20L4
Personnel Rules596
(d)
reduced in Classification in accordance with length of service, skills, qualifications,
ability to perform the work, performance evaluations, disciplinary history, and any other
factors the Human Resources Director deems relevant. When two or more employees
have equal skill, qualifications, ability to perform the work, which include performance
evaluations and disciplinary history, the employee with the least length of service will be
the first laid off or demoted. No employee shall be laid off or demoted without receiving
one week's notice prior to the effective date of Layoff or Demotion.
(c) When deemed to be in the best interests of the City, the Human Resources
Director may require that employees in a lower Classification be laid off when
employees in a higher Classification who are willing and qualified for the work of the
lower Classification would otherwise have to be laid off.
Length of service shall be terminated when a Regular employee:
l. resigns;
2. is laid off for more than one year;
3. is terminated for cause;
4. retires or is retired;
5. fails to return to work at the expiration of any approved leave of absence,
unless otherwise prohibited by law; or
6. fails to report to work within seven (7) calendar days after the date of written
notice of recall to work after a Layoff given by the City by electronic, certified or
registered mail to the employee at the last address appearing on the records in
Human Resources. It shall be the employee's responsibility to provide the Human
Resources Director with a current residential and email address.
(e) Any person who has served satisfactorily as a Regular employee, and who is laid
off as provided in this Section, shall be placed on the Re-Employment List. The
employee's length of service shall not be discontinued, unless the employee shall request
in writing to be removed from such Re-Employment List, or unless such Re-Employment
List shall expire by limitation; then, the employee shall forfeit all Civil Service rights and
shall be Eligible for future employment only through Original Entrance procedures.
When there is a recall from the Re-Employment List, employees laid off will be recalled
in the order determined by the Human Resources Director after consideration of length of
service, skills, qualifications, ability to perform the work, performance evaluations,
disciplinary history, and any other factors the Human Resources Director deems relevant.
40 - Amended December 12,2014
Personnel Rules597
RULE XIII. APPEALS FROM DISCPLINARY ACTION
SECTION 1: RIGHTS OF REGULAR EMPLOYEES:
(a) Whenever the Appointing Authority of any Regular employee determines that
there are reasons for reduction in pay, Suspension, Demotion or Removal of such
employee, the Appointing Authority shall notify the Human Resources Director, the City
Manager and the City Attorney in writing prior to the intended action.
(b) The written notice of intent required by paragraph (a) above shall state the type of
disciplinary action to be considered, the reasons therefor and shall be given to the
employee or emailed or mailed to the employee's place of residence. A copy of such
notice shall be submiued to the Human Resources Director.
(c) If an employee is released from duty by the Appointing Authority pending the
investigation for disciplinary action, the Appointing Authority shall provide written
notice to the Human Resources Director, the City Manager, the City Attorney, and the
employee within 24 hours after such release from duty.
SECTION 2: REQUEST FOR APPEALS HEARING: A Regular employee not covered by
a collective bargaining agreement may appeal from the above disciplinary action within ten (10)
calendar days after the delivery or mailing of such written notice by frling a written request for a
hearing before the Personnel Board with the Human Resources Director. The written request
shall contain the employee's name, Position; the disciplinary action the employee is appealing,
and a brief explanation as to why the employee is appealing the disciplinary action. The
employee may also attach supporting documents.
SECTION 3: APPEALS HEARING FOR DISCPLINARY ACTION BY REGULAR
EMPLOYEES:
(a) Within ten (10) calendar days after receipt of a request for an appeals hearing, the
Personnel Board shall fix a time and place for a public appeals hearing within thirty (30)
calendar days thereafter. Written notice of such time and place shall be delivered or
mailed promptly to the employee, the Appointing Authority and the City Manager.
(b) A quorum of the Personnel Board consists of three (3) Associate Members and
one (1) Employee Member. The Chair or acting Chair shall grant a continuance at the
time of hearing for lack of quorum or emergency. The Chair may grant a continuance to
either party for good and sufficient cause. Absent an emergency, such request for
continuance should be received in writing by the Human Resources Director, with a copy
to the opposing party, no less than seven (7) calendar days prior to the date of the
scheduled hearing.
(c) The Personnel Board may call any person to appear or request the production of
any records relevant to the appeal prior to or at the hearing.
41- Amended December L2,201.4
Personnel Rules598
(d) The current or former Appointing Authority or a representative designated by
Human Resources shall have the right to appear at such hearing and to be represented by
counsel appointed by the City.
(e) The employee shall have the right to appear at such hearing and to be represented
by an attorney licensed to practice in the State of Florida.
(0 An appeal for hearing from disciplinary action shall not be subject to formal rules
of evidence. However, the findings of the Personnel Board shall be based upon
competent and substantial evidence of record.
(g) The Appointing Authority shall have the burden of presenting evidence to prove
the allegations supporting the disciplinary action.
(h) The employee shall have the right to present evidence to refute such allegations.
(i) Each party shall have the right to make an opening statement.
0) Rulings on objections and questions of procedure or law shall be made by the
Chair. Before making the ruling, the Chair or any member of the Personnel Board may
request an opinion from the City Auorney for the Personnel Board.
(k) After both the Appointing Authority and the employee have presented their
testimony and evidence, the Personnel Board shall receive argument in summation. The
Appointing Authority may reserve time for rebuttal.
(l) After the completion of closing argument, the Board shall hold an open executive
session to consider the testimony and evidence presented before the Board to determine
the truth or untruth of the charges. At such open executive session only the members of
the Board and the Attomey for the Board, at the Board's request, shall be heard.
(m) The Chair shall entertain a motion, duly seconded, to grant or deny the appeal.
Each Associate Member shall be entitled to one (1) vote; the three Employee Members
shall be entitled to a total of one vote, voting as an Employee Member unit. The Human
Resources Director as the Secretary of the Personnel Board shall then call the roll. A
majority vote of those members present shall be required to grant the appeal and overturn
the disciplinary action. In the event of a tied vote, the appeal shall be denied and the
disciplinary action shall remain.
(n) The Personnel Board may request written submissions of proposed findings of
fact and conclusions of law.
(o) Within five (5) business days after the close of the hearing, the Personnel Board
shall report its findings in writing. The Human Resources Director shall promptly deliver
or mail a copy of such findings to the Appointing Authority and to the employee.
42 - Amended December L2,20L4
Personnel Rules599
SECTION 4: FAILURE OF PARTIES TO APPEAR: If the employee fails to appear, the
Personnel Board shall deny the appeal unless the employee demonstrates cause for non-
appearance within ten (10) calendar days of the denial. If the Appointing Authority or the
Appointing Authority designee fails to appear, the Personnel Board may hear the employee's
evidence and render a decision thereon or may continue the hearing.
SECTION 5: RESIGNATION BEFORE HEARING: If the employee resigns before the
Personnel Board issues its findings, the appeal shall be dismissed. Any person resigning under
such circumstances shall forfeit all Civil Service rights.
SECTION 6: COMPENSATION WHEN AN EMPLOYEE PREVAILS: If the employee
prevails at an appeals hearing from the disciplinary action and the disciplinary action is
overturned by the Personnel Board, the employee shall recover any wages and benefits lost by
reason of such disciplinary action. However, under no circumstances shall the employee be
entitled to recover attorney's fees.
SECTION 7: PARTICIPATION IN EXAMINATIONS WHEN EMPLOYEE PREVA-
ILS: If the employee is precluded from participating in any examination solely because of the
disciplinary action at the time such examination is held, and the employee prevails at the
appeals hearing, then at the employee's request, the employee shall be given an individual
examination of the same degree of difficulty. If the employee passes such examination, the
employee's name shall be placed into the existing Eligible List in order of the final earned
rating, and the employee's Eligibility shall continue for the life of the existing List.
43 - Amended December L2,20L4
Personnel Rules600
RULE XIV. ATTENDANCE, LEAVE, AND ABSENCE
SECTION 1: ATTENDANCE:
(a) HOURS OF WORK: Administrative regulations pertaining to hours of work
shall be promulgated in order to establish, insofar as practicable, uniformity in hours of
work for all employees.
(b) LEAVES WITH PAY: A11 leaves with pay shall be in accordance with
ordinances adopted by the City or otherwise required by law.
(c) ATTENDANCE RECORDS: All employees must attend work in accordance
with the requirements of administrative regulations, leave ordinances, the Department's
Rules and procedures, and these Personnel Rules. It is the duty of the Appointing
Authority to keep daily attendance records and to submit attendance reports to the
Human Resources Department.
SECTION 2: REPORTS OF ABSENCE:
(a) An employee must report any absence not previously arranged in accordance with
departmental rules or procedures, but in no case later than one hour after the usual time
of beginning work each day of such absence, unless the cause of the absence is such that
it will be of considerable duration and the employee has provided appropriate
notification and documentation of the covered absence.
(b) The Human Resources Director or a designee can investigate absences for which
compensation is claimed. Appropriate documentation from City designated Health Care
Providers may be required stating that the employee was unable to perform the duties of
the Position during the entire absence.
SECTION 3: MEDICAL EXAMINATION FOLLOWING ABSENCE: The Human
Resources Director or the Appointing Authority may require a statement from a qualihed
licensed Health Care Provider that the employee is able to return to work. If an employee has
been absent for ten (10) or more work days because of illness or injury, the Human Resources
Director or the Appointing Authority may require a fitness for duty evaluation by the City
Physician or other medical specialist designated by the City before the employee is permitted to
return to work.
SECTION 4: LEAVE WITHOUT COMPENSATION: When a Regular employee requests
a leave of absence not covered under the FMLA, the Appointing Authority may grant such
leave of absence without pay for a period not longer than a total of twelve (12) working days,
consecutive or otherwise, within a six (6) month period. A leave of absence longer than twelve
(12) working days but not to exceed six (6) months, unless specifically provided elsewhere in
these Rules, may be granted to a Regular employee upon written recommendation of the
Appointing Authority and with the approval of the Human Resources Director. Such leave may
44 - Amended December L2,201.4
Personnel Rules601
be cancelled at any time and the employee ordered to report back to duty within a reasonable
time.
45 - Amended December !2,20L4
Personnel Rules602
RULE XV. PERFORMANCE EVALUATIONS
SECTION 1: PURPOSE: The pufpose of this Rule is to enhance the morale, incentive, and
productivity of employees.
(a) The performance of employees shall be evaluated in writing and the evaluation
reported to and retained by the Human Resources Director. Such evaluations shall be
considered when pertinent in determining salary increases or decreases, Promotions,
Demotions, Transfers, Separations, and other personnel actions.
(b) The Human Resources Director shall have the authority to waive the performance
evaluation of any employee for a particular period. The waiver of an evaluation
hereunder shall not be construed either favorably or unfavorably with respect to the
employee.
SECTION 2: EVALUATORS:
(a) AUTHORITY: The Human Resources Director shall designate the Appointing
Authorities as Evaluators who in turn may designate Evaluators. The Appointing
Authorities shall provide the Human Resources Director with a record of all Evaluators.
(b) RESPONSIBILITIES: Evaluators shall be responsible for the timely and
accurate preparation and submission of performance evaluation reports for the employees
in their area of assigned responsibility. Evaluators shall attest to the validity and accuracy
of the evaluations.
(c) TRAINING: The Human Resources Director shall provide a continuing program
of orientation and training for all Evaluators regarding performance evaluations. Each
Evaluator must participate in an introductory training course. After the initial training,
Evaluators need be retrained only at the request or recommendation of the Appointing
Authority, Human Resources Director, the Personnel Board or the City Manager.
(d) DISQUALIFICATIONS FOR LOW RATINGS: Any employee whose most
recent performance evaluation score was less than 50 overall shall be disqualified from
any promotional examination until such time as the employee receives a score of 50 or
higher.
SECTION 3: REQUEST FOR APPEALS HEARING: A Regular employee may appeal an
overall performance evaluation score of less than 60 within ten (10) calendar days of receiving
the performance evaluation by filing a written request for a hearing before the Personnel Board
with the Human Resources Director, who shall advise the Personnel Board Chair. The written
request for appeal shall contain the employee's name, dates of service, Position and brief
explanation as to why the employee believes the evaluation is inaccurate. Only the overall
performance evaluation score may be appealed.
46 - Amended December L2, 2074
Personnel Rules603
SECTION 4: APPEALS HEARING FOR PERFORMANCE EVALUATION:
(a) Within ten (10) calendar days after receipt of such petition, the Personnel Board
shall fix a place and time for holding a public hearing within thirty (30) calendar days
thereafter. Written notice of such time and place shall be delivered or mailed promptly to
the Employee, to the Appointing Authority and to the City Manager.
(b) A quorum consists of three (3) Associate Members and one (1) Employee
Member. The Chair or acting Chair shall grant a continuance at the time of hearing for
lack of quorum or emergency. The Chair may grant a continuance to either party for
good and sufficient cause. Absent an emergency, a request for continuance should be
received in writing by the Human Resources Director with a copy to the opposing party
no less than seven (7) calendar days prior to the date ofthe scheduled hearing.
(c) The Personnel Board may call any person to appear or request the production of
any records relevant to the appeal prior to or at the hearing.
(d) The Appointing Authority or a designated representative shall have the right to be
present at such hearing and to be represented by counsel appointed by the City.
(e) The employee shall have the right to appear at such hearing and to be represented
by an attorney licensed to practice in the State of Florida.
(f) The appeals hearing shall not be subject to formal rules of evidence. The findings
of the Personnel Board, however, shall be based upon competent and substantial
evidence ofrecord.
(g) The City shall have the burden of presenting evidence to prove the evaluation is
accurate.
(h) The Appointing Authority or the Human Resources Director shall have the right
to present evidence to substantiate the evaluation and refute the employee's evidence.
O Each party shall have the right to make an opening statement.
0) Rulings on objections and questions of procedures or law shall be made by the
Chair. Before making the ruling, the Chair or any Member of the Personnel Board may
request an opinion from the City Attorney for the Personnel Board.
(k) After both the employee and the Appointing Authority have presented their
testimony and evidence, the Personnel Board shall receive argument in summation. The
employee may reserve time for rebuttal.
(1) After closing arguments, the Personnel Board shall hold an open executive
session to consider the testimony and evidence presented. At such open executive
47 - Amended December 72,2OL4
Personnel Rules604
session, only the Members of the Personnel Board and, at the Personnel Board's request,
the City Attorney for the Personnel Board shall be heard.
(m) The Chair shall entertain a motion, duly seconded, to grant or deny the appeal.
Each Associate Member shall be entitled to one vote; the three Employee Members shall
be entitled to a total of one vote, voting as an Employee Member unit. The Human
Resources Director as Secretary of the Personnel Board shall then call the roll. A
majority vote of those Members present shall be required to grant the appeal. In the event
of a tied vote, the appeal shall be denied and the performance evaluation score(s) shall
remain.
(n) The Personnel Board may request proposed findings of fact and conclusions of
law to be submitted after the hearing.
(o) Within five (5) calendar days after the close of the hearing, the Personnel Board
shall report its findings in writing. The Human Resources Director shall promptly deliver
or mail a copy of such findings to the Appointing Authority and to the employee.
(p) If the appeal results in a finding in favor of the employee, the evaluation shall be
raised as applicable.
SECTION 5: FAILURE OF PARTIES TO APPEAR: If the employee fails to appear, the
Personnel Board shall deny the appeal unless the employee demonstrates cause for non-
appearance within ten (10) calendar days of the denial. If the Appointing Authority or the
Appointing Authority designee fails to appear, the Personnel Board may hear the employee's
evidence and render a decision thereon or may continue the hearing.
SECTION 6: PERFORMANCE EVALUATION: A performance evaluation must be
prepared for each employee. The Perfornance Evaluation shall accurately measure the
employee's performance on the critical factors of the job and the overall responsibilities. The
performance evaluation will be discussed with the employee. The performance evaluation is a
permanent record in the employee's personnel file.
48 - Amended December t2,2Ot4
Personnel Rules
605
RULE XVI. SPECIAL CITY AWARDS
SECTION 1: PURPOSE: SPECIAL AWARDS: All Classified and Unclassified employees
shall be Eligible for Special City Awards to be granted annually.
SECTION 2: SPECIAL CITY AWARDS: Nominations shall be accepted by the Personnel
Board for Special City Awards in the following categories:
(a) One Team, One City Award: For a team consisting of two or more persons (not
necessarily within the same department) working together in a collaborative effort to
accomplish one of the City's key intended outcomes.
(b) Beyond the Call of Duty Award: For an employee whose brave, compassionate or
humane act(s) went above and beyond the scope of normal employment duties.
(c) City Betterment Award: For an employee who contributed to the betterment of a
Department's or the City's operations by developing new methods, procedures, ideas or
suggestions that resulted in the enhancement of safety, the saving of time, labor and/or
money to the City.
(d) Community Volunteer Award: For an employee whose volunteer work, outside
the scope of normal employment duties, made a vital and valuable contribution to the
community or to the civic, educational, athletic or other endeavors in the community.
(e) Customer Service Award: For an employee whose extraordinary customer service
at work exceeded expectations and which has been witnessed and documented.
SECTION 3: EMPLOYEE OF THE YEAR AWARD: The Personnel Board will present the
Annual Employee of the Year Award to one of the recipient(s) of the above Special City
Awards. The recipient(s) will be recognized by having their name(s) affixed to a plaque to be
displayed at City Hall.
SECTION 4: NOMINATIONS AND SELECTIONS: The Human Resources Director will
determine the time and manner for nominations. The selection of nominations and awardees
will be made by the Personnel Board. The selections made by the Personnel Board are final and
not appealable.
49 - Amended December L2, 2OL4
Personnel Rules606
RULE XVII. EMPLOYEE TRAINING
SECTION 1: NEW EMPLOYEE TRAINING: The Appointed Authority is responsible for
the instruction and training of employees in their duties and for providing applicable policies
and objectives. The Human Resources Director shall provide training programs as necessary.
SECTION 2: IN-SERVICE TRAINING: The Human Resources Director may provide
ongoing training opportunities.
SECTION 3: OTHER TRAINING: An employee who successfully completes any academic,
extension, correspondence, or other special training courses may submit proof thereof to the
Human Resources Director.
50 - Amended December 12,20L4
Personnel Rules607
RULE XVIIL MEDICAL AND PHYSICAL STANDARDS
SECTION 1: APPLICANTS FOR EMPLOYMENT: The Human Resources Director is
authorized to adopt physical and medical standards which are job related to the Position, are
consistent with business necessity, and required of all applicants for that Position.
SECTION 2: EMPLOYEES: The Human Resources Director is authorized to adopt physical
and medical standards which are job related to the Position, are consistent with business
necessity, and required of all employees for that Position.
(a) When an employee fails to meet such physical and medical standards deemed
necessary for continued employment in the Position held, and cannot do so with or
without reasonable accommodation, a Classification or Organizational Transfer may be
made, if practical, to a Position for which the employee is qualified, notwithstanding any
other provisions of these Rules. If a Transfer cannot be arranged, the provisions of Rule
XI, Sections 3 and 4 will apply. Any Transfer, Demotion or reduction in pay made in
accordance with this Rule is subject to approval of the City Manager and the Human
Resources Director. This paragraph shall not apply to Police Officers and Fire Fighters
with respect to Transfers outside of their respective departments.
(b) An employee who operates a motor vehicle as part of his/her duties, and who has
acceptable vision only when wearing corrective lenses must, at all times while engaged
in driving, wear such corrective lenses. An employee who fails to wear required
corrective lenses while driving is subject to disciplinary action as provided in Rule XI.
51 - Amended December L2,20L4
Personnel Rules608
R9 - New Business and Gommission Requests
RgE Discussion Regarding Base Flood And Freeboard Requirements For The Collins Park
Parking Garage.
(Office of the City Manager)
Asenda nen R( E
oate l-l{-t{609
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610
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: December 15, 2014
Re: Commission Agendq Discussion ltem
Pleose ploce on the December 17, 2014, Commission Agendo the following issue for
d iscussion:
lssuing of on RFP for porking ottendonts for the City's porking goroges with the term
ogreement commencing on the doy following the expirotion of the City's ogreement
with SP Plus Municipol Services (Controci No.: RFP -l 7-10/ 1 1) on August 15,2015,
thot is, August 1 6, 201 5.
JW
Agenda ltem
Date
We ore comnitfed to providing excellent public service ond sofely lo oll who live, work, ond ploy tn aur vibront, tropicol, hist
611
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612
MIAMI BEACH
City of Miomi 8eoth, I 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS N MEMORANDUM
To: Mayor Philip Levine and Members of/the CitV C/\mission
FRoM: Jimmy L. Morales, City Manager I--l l'4
DATE: January 14,2015
SUBJECT: DISCUSSION REGARDING ABCHITECTURALLY SIGNIFICANT
BUILDINGS !N NORTH BEACH
BAGKGROUND / ANALYSIS
The Normandy lsles and North Shore Historic Districts were listed on the National
Register of Historic Places on November 12, 2008 and November 18, 2009,
respectively.
On September 9, 2014, the Historic Preservation Board approved a motion to direct staff
to prepare a designation report for the proposed designation of the North Shore and
Normandy lsle National Register Districts as Local Historic Districts. On September 10,
2014, the City Commission discussed the action of the HP Board, and voted to suspend
the designation proceedings. The Commission also directed the Administration to bring
the matter back before the City Commission in December, for further discussion.
On December 17, 2014, the City Commission requested a list of architecturally
significant buildings located in North Beach that do not currently have the protection of
local historic district designation.
There are approximately 440 buildings listed as 'Contributing' within the boundaries of
the two North Beach National Register Historic Districts. The Administration has
identified buildings believed to have a high degree of architectural and historic
significance. The addresses of these structures, which are illustrated in the attached
maps and corresponding photo montages, are as follows:
Located within North Shore National Reoister District
7337 Harding Av
7330 Harding Av
7435 Byron Av
7344-50 Byron Av
620 75th St
7904 Harding Av
8040 Harding Av
315 g3'd St
8601 Harding Av
Located within Normandv lsles National Reoister District
987 & 993 Bay Dr
960 Bay Dr
Agenda rtem fl? (r
oate l-lY-tf613
Commission Memorandum
Dr.scussion - Architecturally Significant Buildings in North Beach
January 14, 2015 Page 2 of 2
920-930 Bay Dr
910 Bay Dr
900 Bay Dr
6881 Bay Dr
6891 Bay Dr
6941 Bay Dr
ggo 71't st
1255-65 Marseille Dr
1225-33 Marseille Dr
1811 Marseille Dr
1011 Marseille Dr
7200 Bay Dr
1200 Marseille Dr
1133 Normandy Dr
7130 Rue Versailles
924 Marseille Dr
Located outside of National Reoister District
2301 Normandy Dr
CONCLUSION
The Administration recommends that the City Commission discuss the attached list of
buildings and provide appropriate policy direction.
rff1'&
JLMTJMJ/ITRM/DJT
Attachments
T:\AGENDA\2015Uanuary\Discussion - Architecturally Significant Building in North Beach REV.docx
614
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R9 - New Business and Gommission Requests
RgH Discuss Atlantic Broadband Cable Vulnerabilities And Solutions.
(Requested by Mayor Philip Levine)
Agenda ttem R?Hox" FW621
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622
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: January 4tn,2015
SUBJECT: Agenda item for January 14th,2A15 City Commission Meeting
Please place on the January 14th City Commission Meeting an update discussion regarding
the former Administration's failure to collect Parking lmpact Fees; as well as new policies
and procedures for future revenue collection.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore connilleC ta prcviding excellent pu$ic s*rvice ond s*l*f kl oil wlto live, woil. ond piay in oitr vibranl. ttopico!, hislotic cfrfinunily.
AgendaSil#
623
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624
g AAIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December 30'h, 2014
SUBJECT: Discussion regarding Annual Report Card for Commercial Vehicles
Please place on the January 14th City Commission Meeting Agenda a discussion item
regarding Annual Report Card for Commercial Vehicles.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commiited to providing excellent public service ond sofet'tT to oll who live, work, ond ploy in our vibront, aP"r,
I;ffi;ffi RQS's------o"t"ffi
625
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626
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December3}th,2Ol4
SUBJECT: Discussion regarding Valet Parking Enforcement
Please place on the January 14th City Commission Meeting Agenda a discussion item
regarding Valet Parking Enforcement.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellent public service ond sofehy to oll who live, work, ond ploy tn our vibrant, troptcol, hisloric communtN.
Agenda ltem lQl K
=Date i-tV-t(627
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628
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December 30th, 2014
SUBJECT: Discussion regarding the City of Miami Beach Holiday Decorations
Please place on the January 14th City Commission Meeting Agenda a Discussion regarding
the City of Miami Beach Holiday Decorations or lack thereof during the 2014 holiday season.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilleC to providing excellent pubhc service ond sofely to oll who live, work, ond ploy in our vibront, tropicol, historic ccmmunify
Agenda ttem F,Q L
oate l'lV-(\629
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630
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December3oth,2Ol4
SUBJECT: Discussion regarding the City of Miami Watson lsland Project and the ability to
mitigate affect on the beach
Please place on the January 14th City Commission Meeting Agenda a discussion item
regarding the City of Miami Watson lsland Project and the ability to mitigate affect on the
beach.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellent public ser'ice ond sofefy to oll who live, ,uork, ond ploy in our vibront, tropicol, historic communilv
Agenda ltem R?N :oate l-tV: l{.631
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632
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: December 30th, 2014
SUBJECT: Discussion regarding the implementation of an exclusive pedestrian phase for all
intersections along 4lstStreet that would extend sundown Friday to sundown Saturday
Please place on the January 14th City Commission Meeting Agenda a discussion item
regarding the implementation of an exclusive pedestrian phase for all intersections along
41st Street that would extend sundown Friday to sundown Saturday.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellent public senttce ond sofell ta oll who live, work, ond ploy tn our vibront, t'ropicol, historic cammunih/.
Agenda ltem
Date633
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634
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: January 7,2015
SUBJECT: Agenda item for January 14,2015 City Commission Meeting
Please add to the January 14,2015 City Commission agenda a discussion item regarding
motorcycle/scooter parking in conventional parking spots.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
MIAMIBfACH
On behalf of Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commifted to providing excellenl publrc serurce ond sofety to oll who live, work, ond ploy in our vibront, tropicol, historic communif/.
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: January 6,2015
SUBJECT: Agenda item for January 14,2015 City Commission Meeting
Please add to the January 14,2015 City Commission agenda a discussion item to waive
the Square Footage fees for the Miami Beach Foodie Fest event, for a tolal $9,429.27
(including tax).
The Miami Beach Foodie Fest is a new, affordable local's food festival which will take place
on February 22,2015 in North Beach.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
MlAMigffi&ffi&4
On behalf of Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffed to providing excellent public service and safefy to all who live, work, ond ploy in our vibront, tropicol, historic community.
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R1 0
CITY ATTORNEY REPORTS
639
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raut Aguita, City Attor";.l3nt CgP
January 14,2015 /J
City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1.Lares. et al.. Case No. 14-30952 CA 02
(Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 5333 Collins
Avenue, Unit 1008, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on December 22,2014.
The City's Answer and Affirmative Defense will be timely filed.
2. The Bentlev Condominium Association. lnc. vs. Allen Bombart. et al..
Miami-Dade County, Florida)
This is an action to foreclose a condominium lien on real property located 510
Ocean Drive, PH1, Miami Beach, Florida. The Summons and Verified
Complaint were served on the City on January 5, 2015.
The City's Answer and Affirmative Defense will be timely filed.
RA\SR\
F :\ATTO\AAOFF\AAOFF\F I LE.#S\20 1 s\Status Report CAO 0 1 1 4 1 5. docx
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REPORTS
AND
INFORMATIONAL ITEMS
642
1. Reports and lnformational ltems
(see LTC 010-2015)
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&
E?
'iBtACt{
# oo3-20 I a
TO COMMISSION
To: Mayor Philip Levine and Memb"r, f,n" City /ommission
From: Jimmy L. Morales, City Manager iil-a l\4
Date: January 14,2015 | I
Subject: List of Projects Covered by the Con{ ot 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
2014-294-RFP-ME 81o512014
Design-Builder Services for the Miami Beach
Convention Center Renovation and Expansion
Proiect
City Manager
2014-236-|TB-YG 9t18t2014 Miami Beach Convention Center Bus Duct
Replacement
Convention
Center
2014-346-RFQ-YG 9t18t2014
Professional Architectural and Engineering
Services in Specialized Categories on an "As-
Needed-Basis"
Citywide
2014-235-|TB-JR 10128t2014 Police Building Firing Range Ventilation
Systems Replacement
CIP
2014-253-RFP-YG 1111212014 Design/Build Services for 54" Redundant Sewer
Force Main
Public Works
2015-042-ITB-JR 1111412014 Aggregate Top Soil and Sand Citywide
2015-052-tTB-WG 11t14t2014 Temporary Services Citywide
2015-0'16-RFQ-YG 11t20t2014 Architectural and Engineering Design Services
for the Altos del Mar Park Prqect
CIP
4
Aoenda ltem '<- -v - o^t" I 'lrlf645
?:iz 12
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis. Should you have any questions or need additional information, please feel free to contact
me.
,rrr#^r,
T :\AG E N DA\20 1 5V anu ary\P ROCU R E M E NIrJ a nu ary Cone LTC
2015-043-RFQ-
WG 12t19t2014 Resort Taxes Audit Services lnternal Audits
2015-081-lTN-LR 12t29t2014
I nvestment Advisory Services
2015-055-|TN-WG 01t16t2015
(Tentative)Property Management Services
Office of
Housing and
Community
Services
2015-013-RFP-WG 0111612015
(Tentative)Security Guard Services Emergency
Manaqement
2015-061-RFP-LR 01t16t2015
(Tentative)Background Checks Police/Fire/HR
2015-076-RFQ-YG 0111612015
(Tentative)
General Building Contractor Services for
North Beach Fagade lmprovement
Proiect
Tourism, Culture
and Economic
Development
2015-086-RFQ-YG 0111612015
(Tentative)Master Plan of North Beach District City Manager
2015-081-tTN-LR 01t16t2015
(Tentative)
Neutrally Hosted Cellular Distributed
Antenna System to Extend Carrier
Services within the Citv
IT
646
MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members of lthe City Co
Jimmy L. Morales, City Manager
January 14,2015
REPORT FROM COMMISSION GOMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WITHTN (6) SrX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for December 2014:
Neiqh borhood/Commu n itv Affai rs Committee
There are no items to be automatically withdrawn at this time.
Finance & Gituride Proiects Committee
There are no items to be automatically withdrawn at this time.
Floodinq Mitiqation Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Gommittee
There are no items to be automatically withdrawn at this time.
JLM/REG
T:\AGENDA\20 1 5\January\Com m ittee I tems Removed after 6 months.docx
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RDA
649
Commission Agenda, January 1 4, 2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
January 14,2015
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
Member of the Board Miami-Dade County Commissioner Bruno A. Barreiro
Executive Director Jimmy L. Morales
Assistant Director Kathie G. Brooks
General Counsel RaulJ. Aguila
Secretary Rafael E. Granado
1.
AGENDA
NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency, Adopting And Appropriating The First Amendment To The Operating Budget For
The City Center Redevelopment Area, For Fiscal Year 2014115. 10:00 a.m. Public
Hearing
(Budget & Performance lmprovement)
14
650
651
MIAMI BEACH REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT
AGENCY ADOPTING AND APPROPRIAING THE FIRST AMENDMENT TO THE OPERATING BUDGET FOR
THE CITY CENTER REDEVELOPMENT AREA, FOR FISCAL YEAR 2014115
Kev lntended Outcome Supported:
Ensure expenditure trends are sustainable over the long term
ng Data (Surveys, Environmental Scan, etc.):
ln the 2014 Community Survey, both residents and businesses reported the following area for the City related to
value for taxes paid:
. Percentage of residents rating the Overall Value of City services for tax dollars paid as excellent or good
(Residents: 58%; Businesses 54%)
Item Summary/Recommendation :
The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2014115 was adopted on December 2,
2014with the adoption of Resolution No.608-2014.
The preliminary year-end analysis for FY 2013114 shows that the City Center Redevelopment Area revenues
totaled $43.5 million and total expenditures were $39.0 million resulting in a $4.5 million surplus. The first
amendment would allowfor the funding of $135,000 of encumbrances for good and services procured, but not yet
received and expended at the end of FY 2013114. The remaining $4.399 million would be appropriated to the
reserve for capital projects/debt service/contingency to cover the new debt service for the remaining items in the
City Center Capital Plan, as well as for the $274.3 million in debt for the Convention Center Project.
Financial lmpact Summary: The first amendmentwould allowfor the funding of $135,000 of encumbrances
for good and services procured, but not yet received and expended at the end of FY 2013/14. The remaining
$4.399 million would be appropriated to the reserve for capital projects/debt service/contingency to cover the new
debt service for the remaining items in the City Center Capital Plan, as well as for the $274.3 million in debt for the
Convention Center Project.
RDA Fund 168
Clerk's Office
John Woodruff, OBPI Director
AGENDA fiEn l +
DArE 1-l9{r* MIAEAIBEACH 652
g MIAMI BEACH
City of Miomi Beoch, 'l 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
RE DEVELOPME NT AGENCY MEMORANDUM
TO:Chairperson and Members of the Miami peach Agency
FRoM: Jimmy L. Morales, Executive Director
DATE: January 1q,2015
REDEVELOPMENT AGENGY ADOPTING AND APPROPRIATING THE FIRST
AMENDMENT TO THE OPERATING BUDGET FOR THE CITY CENTER
REDEVELOPMENT AREA, FOR FISCAL YEAR 2014115.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
ANALYSIS
The budget for the City Center Redevelopment Area (RDA) for Fiscal Year 2Q14115 was adopted on
December 2,2014 with the adoption of Resolution No. 608-2014.
City Center Redevelopment Area revenue sources include City and County Tax lncrement, Resort
Tax contributions; a % mill levy set aside for the Children's Trust pursuant to an lnterlocal
Agreement, dated August 16,2004 between the RDA, the City of Miami Beach and Miami-Dade
County; and an estimate interest income.
City Center Redevelopment Area expenses include community policing initiatives in City Center to
continue to provide enhanced levels of staffing and services throughout the area, capital projects
and maintenance of RDA capital projects. Administrative Expenses comprising a managementfee
allocated to the General Fund to pay for direct and indirect staff support for the RDA; operating
expenses; a set aside for on-going planning and consulting work related to the Convention Center
expansion master plan; capital renewal and replacement projects under $25,000.
The City Center Redevelopment Area also annually assumes the combined debt service on the
2005 Series Bonds and the Parity Bonds accounts for approximately $8.4 Million annually. City
Center also continues assuming debt service payments on the portion of the Gulf Breeze Loan used
to pay for the Bass Museum expansion and renovation, and the portion of the Sunshine State Loan
Program used for Lincoln Road improvements.
PUBLIC HEARING
653
First Amendment to the FY 2014/15 Operating Budget for City Center Redevelopment Area
January 15,2015
Page 2 of 2
The preliminary year-end analysis for FY 2013114 shows that the City Center Redevelopment Area
revenues totaled $43.5 million and total expenditures were $39.0 million resulting in a $4.5 million
surplus. The first amendment would allow for the funding of $135,000 of encumbrances for good and
services procured, but not yet received and expended at the end of FY 2013114. The remaining $4.399
million would be appropriated to the reserve for capital projects/debt service/contingency to coverthe
new debt service for the remaining items in the City Center Capital Plan, as well as for the $274.3
million in debt for the Convention Center Project.
The RDA Operating Budget including the FY 2013114 actual revenues and expenditures and proposed
amendment to the FY 2014115 budget is attached in Exhibit A.
CONCLUSION
The Executive Director recommends adopting the Resolution.
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