Agenda_11Feb20151915.2015
MIAMIBEACH
City Gommission Meeting
City Hall, Commission Chambers,3rd Floor, 1700 Convention Center Drive
February '|.1,2015
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
Vislt us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
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the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Committee, or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
Office of the City Clerk. Questions regarding the provisions of the Code should be directed to
the Office of the Gity Attorney.
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ln order to ensure adequate public consideration, if necessary, the Mayor and City Commission may move
any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
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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C2B
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Commission Agenda, February 11, 2015
CONSENT AGENDA
G2 - Competitive Bid Reports
Request For Authorization To lssue Request For Proposals (RFP) 2015-095-MT For Elevator
lnspection And Plan Review Services.
( Build ing/Procurement)
Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) 2015-052-WG
For Temporary Staffing Services And To Authorize The City Manager To Execute Agreements.
(Citywide/Procurement)
Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2015-042-JR
For Aggregate, Top Soil And Sand.
( Pa rks & Recreation/Public Works/Procurement)
c4A
C4 - Commission Committee Assiqnments
Referral To The Finance And Citywide Projects Committee - A Discussion Regarding The
Concession Agreement For The Management And Operation Of A Food And Beverage
Concession, Currently Operated By Blissberry, LLC., Located ln A Portion Of The South Pointe
Park Pavilion Building.
(Tourism, Culture & Economic Development)
Referral To The Finance And Citywide Projects Committee - A Discussion Regarding The
Concession Agreement For The Management And Operation Of Concession Stand Buildings And
Beachfront Concession Areas, Currently Operated By Tim Wilcox, lnc., Located At 21"1And 46th
Streets.
(Tourism, Culture & Economic Development)
Referral To The Finance And Citywide Projects Committee - A Discussion Regarding The
Construction Of A Parking Garage At The 27th Street And Collins Avenue Parking Lot.
(Parking)
Referral To The February 24,2015 Planning Board Meeting - Review Of Waiver Of Development
Regulations Pertaining To A General Advertising Sign For A Playground At Crespi Park Located
At 7801 Crespi Boulevard, Miami Beach, Florida.
(Parks & Recreation)
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C2D Request Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
c4D
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Commission Agenda, February 1 1, 2015
C4 - Gommission Committee Assiqnments (Continued)
C4E Referral To The Planning Board - Proposed Amendments To Chapter 142 Of The City Code
Modifying The Adjusted Grade Of Required Yards ln Single Family Districts.
(Sponsored by Vice-Mayor Joy Malakoff)
C4F Referral To The Planning Board - Proposed Amendments To Chapter 142 Ot The City Code
Modifying The Maximum Height Restrictions In The CD-3 Zoning District For Properties Located
ln The Architectural District.
(Sponsored by Commissioner Jonah Wolfson)
C4G Referral To The Planning Board - Proposed Amendments To Chapter 118 Of The City Code
Pertaining To Revisions To Lot Split And Form Of Ownership.
(Sponsored by Commissioner Edward L. Tobin)
C4H Referral To The Planning Board And Land Use And Development Committee Of A Companion
Item To The Parking Plan For Construction Workers Ordinance.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning )
C4l Referral To The Land Use And Development Committee - Discussion Of Proposed Amendments
To The City Code Pertaining To Additional Restrictions And An lncrease ln Fees For Single
Family Lot Split Applications.
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Planning)
C4J Referral To The Land Use And Development Committee - Discussion Regarding Seawall
Conditions, Encroachments lnto Public Property For Private Use.
(Public Works)
C4K Referral To The Land Use And Development Committee Regarding Ordinance Amendment To
Chapter 142 Relating To Proposed Definition For Entertainment.
(Sponsored by Commissioner Michael Grieco)
C4L Referral To The Neighborhood/Community Affairs Committee Regarding Modification To The
Code Relating To Seawalls - ln Particular - To Allow Enforcement ln Multifamily Districts, Not Just
Single Family.
(Sponsored by Commissioner Michael Grieco)
C4M Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding Status Of
City Funds Given To The Wolfsonian-FlU Museum.
(Sponsored by Commissioner Edward L. Tobin)
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C4O Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding The Lack
Of Available Public Parking At 46th And Collins Avenue.
(Sponsored by Commissioner Micky Steinberg)
Commission Agenda, February 11, 201 5
G4 - Commission Gommittee Assiqnments (Continued)
C4N Referral To The Neighborhood/Community Affairs Committee - Discussion Regarding
Administration's Exploration Of The New xG Technology.
(Sponsored by Commissioner Edward L. Tobin)
C6 - Gommission Committee Reports
COA Report Of The January 7,2015 Finance And Cityride Projects Committee Meeting: 1) Discussion
Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement. 2)
Discussion Regarding Whether Or Not To Pursue Food And Beverage Concessions For
Soundscape Park, Collins Park, And The Miami Beach Botanical Garden. 3) Discussion
Regarding The Live Nation Management Agreement For The Jackie Gleason Theater. 4)
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. 5) Discussion Regarding The Miami Beach Convention
Center Booking Policy. 6) Discussion To Consider Approving And Authorizing The RDA To Enter
lnto A Lease Agreement Between The Miami Beach Redevelopment Agency (Landlord) And Mr.
R Sports, lnc. (Tenant), In Connection With The Use Of Suite "J" At The Anchor Shops, Located
At 100 16th Street, Suite No. 5, Miami Beach, Florida (Space), For An lnitial Term Ending On
October 1, 2015, With Two (2) Renewal Option Of Three (3) Years And Three (3) Years And 364
Days Respectively. 7) Discussion Regarding City Manager Jimmy Morales' Letter Dated
December 1,2014 Regarding His Employment Contract. 8) Discussion Regarding Entering lnto
An Employment Agreement With The City Clerk. 9) Discussion Regarding Changes ln lndexes
Used ForReimbursementOf Travel Expenses. 10) Discussion Regarding Partial Payments Of
Annual And Sick Leave For Participants Of The Deferred Retirement Option Plan (DROP). 1 1)
Discussion Regarding Options To Reintegrate The Baptist Hospital Network Among Providers
Available To City Employees.
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Commission Agenda, February 1 1, 2015
CG - Commission Committee Reports (Continued)
COB Report Of The January 21, 2015 Land Use And Development Committee Meeting: 1) Discussion
On Washington Avenue Overlay Districts. 2a) Discussion On Proposed Amendments To The
Single Family Home Ordinance (Rear Yard Swimming Pools). 2b) Discussion Of A Proposed
Amendment To The Adjusted Grade Of Required Yards ln Reference To Seawall Built At 5'7"
NAVD. 3) Discussion Regarding Seawall Height Standards And lts lmpact On Single Family
Home Development. 4) Discussion On Possible Amendments To Chapter 6 And Chapter 142 Of
The City Code. 5) Discussion Regarding The Concession Contract With RCI Group, The
Management Company Of Miami Beach Marina. 6a) Annual Evaluation Of Parking lmpact Fee
Structure. 6b) Discussion Regarding The Philosophy Behind Parking lmpact Fees. 7) Definition
Of Unified Development Site An Ordinance Amending The Land Development Regulations Of
The City Code, By Amending Chapter 118, "Administration And Review Procedures," Article l, "ln
General," Section 118-5, "Unity Of Title; Covenant ln Lieu Thereof," By Amending The
Requirements And Standards For A Covenant ln Lieu And By Providing A Definition For Unified
Development Site; Providing For Codification, Repealer, Severability And Effective Date. 8)
Discussion Regarding Zoning ln Progress. 9) Discuss The Modification Of Special Event Permit
Criteria On Ocean Drive Between 9th And 12th Streets. 10) Discussion On General Height
Restrictions ln CD-3 Districts. 11) Discussion Regarding Completion Of The Central Bayshore
Area Storm Water And Roadways Construction. 12) Discussion On The Collins Canal Project.
COC Report Of The January 30,2015 Neighborhood/Community Affairs Committee Meeting: 1) Report
From Miami-Dade County Public Schools On The Status Of The Action Plan Related To Nautilus
Middle School And Progress To Date. 2) Discussion Regarding The Purdy Boat Ramp. 3)
Discussion Regarding An Update On The Plans For The Par 3 Park. 4) Discussion Regarding
The lmplementation Of A Memorial Tree Program. 5) A Discussion To lnclude Restrooms And
Storage Building Ln The First Phase Of The Altos Del Mar Park Plan. 6) Discussion Regarding A
Way To Streamline The Process So That Miami Beach Senior High School Band Can Play In
Public Venues. 7) 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. 8)
Discussion Regarding The Continuation Of The Alton-West Trolley Route. 9) Discussion
Regarding Solutions For Failing lntersections. 10) Discussion Regarding Long Term Problems
That Need To Be Addressed At 17th Street And Alton Road lntersection. 11) Discussion
Regarding Adding Pride/Rainbow Colors To The Street Signs From 1Oth Street To 12th Street On
Washington/Collins/Ocean, As Per The Recommendation Of The LGB Business Enhancement
Committee. 12) Monthly Crime Statistics Report.
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Commission Agenda, February 11, 2015
C7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To Take The
Following Actions: 1) Submit A Grant Application To The Florida Department Of Environmental
Protection, Land And Water Conservation Fund, ln The Approximate Amount Of $200,000 For
Altos Del Mar Park, 2) Submit A Grant Application To The National Emergency Management
Association (NEMA) ln The Approximate Amount Of $10,000 For Automated External
Defibrillators, And 3) Submit Requests To The State Legislature For Water Projects Funding;
Approving And Authorizing The Appropriation Of The Above Grants And Funding Requests,
lncluding Any Requisite Matching Funds And City Expenses; And Further Authorizing The City
Manager, Or His Designee, To Take All Necessary Steps And To Execute All Necessary
Documents ln Connection With The Aforestated Grants And Funding Requests, lncluding,
Without Limitation, Applications, Grant And Funding Agreements, And Audits.
(Budget & Performance lmprovement)
C7B A Resolution Electing Commissioner Jonah Wolfson, Group lV, As Vice-Mayor, For A Term
Commencing On March 1,2015 And Terminating On June 30,2015, Or On Such Date When A
New Vice-Mayor ls Thereafter Elected.
(Office of the City Clerk)
C7C A Resolution Approving The City's Fiscal Year 2015/16 Federal Legislative Agenda.
(Office of the City Manager)
C7D A Resolution Approving The City Manager's Recommendation Of Undenruriters For Bonds The
City Anticipates Will Be lssued ln 2015, lncluding Stormwater Revenue Bonds And Bonds
Relating To The Miami Beach Convention Center Renovation And Expansion Project ("MBCC
Project"), lncluding Miami Beach Redevelopment Agency Tax lncrement Bonds, Resort Tax
Revenue Bonds, And Parking Revenue Bonds.
(Finance)
C7E A Resolution Authorizing The City Manager To lssue A Request For Proposals (RFP) For Eligible
Public Service, Housing, And Capital Activities To Be Funded From The City Of Miami Beach
Fiscal Year 201512016 Community Development Block Grant (CDBG) And Home lnvestment
Partnerships (HOME) Entitlement Allocations From The U.S. Department Of Housing And Urban
Development (HUD).
(Housing & Community Services)
C7F A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Negotiate Staggered-Term Employment Agreements With The City Clerk And The City
Manager, With The City Clerk's Agreement Concluding ln 2018 And The City Manager's
Agreement Concluding ln 2019; With Mayor To Represent The City Commission ln The
Negotiations Of The Employment Agreement With The City Clerk And The Mayor Or His
Designee To Represent The City Commission ln The Negotiations Of The Employment
Agreement With The City Manager; And For The Final Compensation And Contract Terms For
Each To Be Discussed At A Committee Of The Whole Workshop And A Summary Of The
Committee Of The Whole Recommendations Announced At The Following City Commission
Meeting.
(Human Resources)
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Commission Agenda, February 1 1, 2015
C7 - Resolutions (Continued)
C7G A Resolution Amending Resolution No. 2012-28082, Authorized Pursuant To Section 2-367 (d)
Of The Miami Beach City Code, The Sole Source Purchase Of Alliant Techsystems (ATK)
Ammunition, From Florida Bullet lnc., The Sole Source Distributor, To Amend The Annually
Estimated Contract Amount For Ammunition From $44,676.70 To The Amount That ls Annually
Available ln The Police Department's Budget For Ammunition.
(Police/Procurement)
C7H A Resolution Amending A Contract Award Pursuant To lnvitation To Bid (lTB) No. 10-10111 To
Amend The Annually Estimated Contract Amount For Electric Motor Rewind And Repair Services
For The Public Works Department From $60,000 To The Amount That ls Annually Available ln
The Public Works Department's Budget For Such Services.
(Public Works/Procurement)
c7t A Resolution Waiving, By 5/7th Vote, The Formal Competitive Bidding Requirement, Finding Such
Waiver To Be ln The Best lnterest Of The City, And Authorizing The City Manager To Negotiate
And Execute A Service Contract With MAI Engineering Services, lnc. To lnstall A Hybrid Sheet
Piling Seawall System Manufactured By Truline, ln The Amount Of $390,000 Plus A Total Project
Contingency ln The Amount Of $19,500; For A Total Amount Of $409,500.
(Public Works)
C7J A Resolution Setting A Public Hearing, As Required Pursuant To Section 82-93(a) Of The City
Code, To Consider Renewal Of An Existing Revocable Permit For Vera Mender And The Drake
Condominium Association, lnc., To Continue To Retain An Existing Handicap Access Ramp ln
The City Right Of Way Abutting The Drake Condominium, Located At 1460 Ocean Drive, Miami
Beach, Florida.
(Office of the City Attorney)
End of Consent Aqenda
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Commission Agenda, February 11, 2015
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For
Security Guard Services.
(Emergency ManagemenVProcurement)
R5A
R5B
R5 - Ordinances
An Ordinance Amending Chapter 70 Of The Code Of The City Of Miami Beach, Entitled
"Miscellaneous Offenses," By Amending Article ll, Entitled "Public Places," By Amending Division
2, Entitled "Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of
Transportation"; By Amending Section 70-67, Entitled "Prohibited Activities," By Prohibiting
Bicycling, Roller Skating, ln-Line Skating, And Skateboarding On The East Side Of Ocean Drive
From Sth To 1Sth Streets; 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; By Amending Section 70-71, Entitled
"Enforcement; Penalties," By Amending The Enforcement And Penalty Provisions Therein; And
Providing For Repealer, Severability, Codification, And An Effective Date. 10:10 a.m. Second
Readinq Public Hearinq
(Sponsored by Commissioners Jonah Wolfson & Michael Grieco)
(Legislative Tracking: Transportation)
(Continued from January 14,2015 - RsC)
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. 10:15 a.m. Second
Readinq Public Hearinq
(Sponsored by Vice-Mayor Joy Malakoff & Commissioner Michael Grieco)
(Legislative Tracking: Planning)
(First Reading on January 14,2015 - RsF)
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Commission Agenda, February 11, 2015
R5C
R5 - Ordinances (Continued)
An Ordinance Amending Subpart A - General Ordinances, Chapter 106 "Traffic And Vehicles", At
Article I, 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. 10:20 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Parking)
(First Reading on January 14,2015 - RsG)
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 Of
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 Amend The Definition Of "City Contractor," Define The Term "Polystyrene," Amend The
Definition Of "City Facility" To lnclude City Marinas, Piers, Docks, And Boat Ramps, Amend The
Definitions Of "City Facility" And "City Property" To lnclude Property Leased To The City, And
Clarify The Effective Date Of Section 82-7; Amending Chapter 82 O'f 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. 10:25 a.m. Second
Readinq Public Hearins
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney/Environment & Sustainability)
(First Reading on January 14,2015 - Rsl)
R5D
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Commission Agenda, February 11, 2015
R5 - Ordinances (Continued)
RsE Telecommunications Rights Of Way
An Ordinance Amending The City Code, Chapter 104, "Telecommunications," Article l,
"Communications Rights Of Way," By Amending And Providing Definitions; Amending The
Registration Process; Amending The Permit Application Process To Require The lssuance Of
Permits; To Require Design And Appropriateness Review And Approval By The Design Review
Board And Historic Preservation Board; Creating Standards For Communications Facilities
Design, Location And Collocation; Adding Standards For Site lmprovements, Use Of And
Restoration Of Sites And Rights-Of-Way, lncluding Distance Separation Between
Communications Facilities And Between Such Facilities And Residential Uses And Contributing
Buildings ln Historic Districts; To Provide For Compensation To The City For The Use Of Public
Rights-Of-Way For These Purposes; And Amending Such Other Sections As Are Appropriate To
Protect The Public Health, Safety And Welfare; And Amending The Land Development
Regulations Of The City Code, Chapter 118, Article ll, "Boards," Divisions 3 And 4, "Design
Review Board" And "Historic Preservation Board," Sections 118-71 And 118-102, "Powers And
Duties," To Add Review And Approval Of lmprovements ln The Rights-Of-Way As Being Within
The Jurisdiction Of The Design Review Board And Historic Preservation Board Respectively; And
Chapter 118, Article Vl, "Design Review Procedures," Section 118-251, "Design Review Criteria,"
And Article X, "Historic Preservation," Division 3, "lssuance Of Certificate Of Appropriateness/
Certificate To Dig/Certificate Of Appropriateness For Demolition," Section 1 18-564, "Decisions On
Certificates Of Appropriateness," Adding Criteria For Such Review For Telecommunications
Equipment And Facilities; Providing For Codification; Repealer; Severability And An Effective
Date. 10:30 a.m. Second Readinq Public Hearinq
(Sponsored by Vice-Mayor Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
(First Reading on December 17,2014 - RsK)
RsF Short Term Rentals ln Collins Waterfront District
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 142, Entitled "Zoning Districts And Regulations," Article lV, Entitled "supplementary
District Regulations," Division 3, Entitled "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.5:01 p.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Planning )
(First Reading Public Hearing on January 14,2015 - RsE)
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Commission Agenda, February I 1, 2015
R5 - Ordinances (Continued)
RsG 226 87th Terrace - Parking Category Comprehensive Plan And Rezoning
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Comprehensive Plan - Parking Category
An Ordinance Amending Policy 1.2 Of The Future Land Use Element Of The
Comprehensive Plan Pursuant To The Procedures ln Section 163.3184(3), Florida
Statutes, By Modifying The Parking (P) Future Land Use Category To Allow For
Residential Uses When Abutting A Land Use Category That Permits Such Uses;
Providing For lnclusion ln The Comprehensive Plan; Transmittal; Repealer; Severability;
And An Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from December 17, 2014 - R5D1)
Rezoning - 226 87th Terrace
An Ordinance Amending The Official Zoning District Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Located At 226 87th Terrace, From The Current Zoning
Classification Of GU, "Government Use District", To The Proposed Zoning Classification
Of RM-2, "Multifamily Residential, Medium lntensity;" Providing For Codification;
Repealer; Severability; And An Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from December 17,2014 - R5D2)
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Commission Agenda, February 1 1, 201 5
R5 - Ordinances (Continued)
RsH RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore
Open Space Park (NSOSP)
1.RM-2 Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 142,"Zoning Districts And Regulations," Article ll, "District Regulations," Division
3 "Residential Multifamily Districts," Subdivision lV, "RM-2 Residential Multifamily, Medium
lntensity," By Amending Sections 142-215, "Prohibited Uses," And 142-218, "setback
Requirements," ln Order To Permit Outdoor Bar Counters As Accessory Uses ln
Oceanfront Hotels ln The RM-2 District; Allowing For Modification Of lnterior Side Setback
Requirements For Drives Or Sidewalks; Providing Access Between Parcels ln The RM-2
District; Modifying The lnterior Side Tower Setback Requirements For Oceanfront RM-2
Parcels Within 250 Feet Of North Shore Open Space Park; By Amending Chapter 142,
"Zoning Districts And Regulations," Article lV, "Supplementary District Regulations,"
Division 3 "Accessory Uses," By Amending Section 142-902, "Permitted Accessory Uses,"
To Permit Neighborhood lmpact Establishments, As Conditional Uses For Oceanfront
Hotels ln The RM-2 District Within 250 Feet Of North Shore Open Space Park; Providing
For Codification; Repealer; Severability; And An Effective Date. 5:03 p.m. First Readins
Public Hearins
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning )
(Continued from December 17, 2014 - R5E1)
Parking Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 130, "Off-Street Parking," Article lll, "Design Standards," By Amending Section
130-68, "Commercial And Noncommercial Parking Garages," To Establish Regulations
For Main Use Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District
With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For
Codification; Repealer; Severability; And An Effective Date. 5:03 p.m. First Readinq
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning )
(Continued from December 17, 2014 - R5E2)
Signage Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 138, "Signs," Article V, "Sign Regulations By District" And Article Vl, "specific Use
Signs," By Amending Section 138-172, "Schedule Of Sign Regulations For Principal And
Accessory Use Signs," ln Order To Establish Sign Criteria For Ground Floor Commercial
Uses ln Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District, With A
Property Line Within 250 Feet Of North Shore Open Space Park; And Creating Section
'138-206, Entitled "City ldentification Signs At City Entrance And Exit Points," ln OrderTo
Establish The Process By Which The City May Erect City ldentification Signs Near The
City's Entry And Exit Points; Providing For Codification; Repealer; Severability; And An
Effective Date. 5:03 p.m. First Readinq Pubtic Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Leg islative Tracking : Planning)
(Continued from December 17, 2014 - R5E3)
2.
3.
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R5t
Commission Agenda, February 11, 2015
R5J
R5 - Ordinances (Continued)
Definition Of Unified Development Site
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administration And Review Procedures," Article l, "ln General," Section 118-5,
"Unity Of Title; Covenant ln Lieu Of Unity Of Title," By Amending fhe Requirements And
Standards For A Covenant ln Lieu And By Providing A Definition For Unified Development Site;
Providing For Codification, Repealer, Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
(Continued from December 17 ,2014 - RsJ)
An Ordinance Amending Chapter 18 Of The City Code, Entitled "Businesses," By Amending
Article XVI Titled "Nude Dance Establishments," By Creating Section 18-914 Thereof To Be
Entitled "Compensation Standards For Workers And Performers," Which Provides Requirements
Regarding The Method Of Compensation For Those Workers And Performers ln Nude Dance
Establishments; And Amending Section 18-915 Entitled "Enforcement; Penalties," By Setting
Forth Penalties For A Violation Of Section 18-914; Providing For Repealer; Severability;
Codification; And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
R7 - Resolutions
R7A A Resolution Adopting The Second Amendment To The General Fund, Enterprise Fund, lnternal
Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2014115 And Accepting
The Recommendation Of The Finance And Citywide Projects Committee Regarding Resort Tax
Quality Of Life Funding Allocation. 10:05 a.m. Public Hearinq
(Budget & Performance lm provement)
(Memorandum to be Submitted in Supplemental)
R7B A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
At lts February 2, 2015 Meeting, To Approve The Vacation Of The Right Of Way Known As
Liberty Avenue (Palm Avenue) Between 22nd Street (Ocean Avenue) And 23'd Street (Atlantic
Avenue), Which ls A 50 Foot ln Width Right-Of-Way, Containing Approximately 12,500 Square
Feet ln Total Area, As Shown On The Plat Of Amended Map Of The Ocean Front Property Of
The Miami Beach lmprovement Company, Recorded ln Plat Book 5 At Page 7, Of The Public
Records Of Miami-Dade County, ln Favor Of The City Of Miami Beach, (The Applicant); Waiving
By 5t7th Vote, The Competitive Bidding And Appraisal Requirements Pursuant To Section 82-
39(a) And (b) Of The City Code, Finding That The Public lnterest Would Be Served By Waiving
Such Conditions. 10:35 a.m. First Readinq Public Hearinq
(Capital lm provement Prolects)
13
13
Commission Agenda, February 1 1, 2015
R7 - Resolutions (Continued)
R7C A Resolution Accepting The Recommendation Of The Mayor's Blue Ribbon Panel On Flooding
And Sea Rise, And Approving A Desired Minimum Elevation For The Crown Of Roads ln The City
To Be One Foot (1') Higher Than The Tailwater Design Criteria, For Proper Drainage Within The
City And Protection From Tidal Flooding.
(Public Works)
R7D A Resolution Approving And Authorizing The Mayor And City Clerk To Reappropriate Sewer
Funds Totaling $1,000,000 Towards The Sanitary Sewer lnfiltration And lnflow (l&l) Program -
Phase 3, ln Order To Fund Ongoing Sanitary Sewer Cleaning, Televising, Repairs, And Sanitary
Sewer Lining Needed To Comply With Miami-Dade Consent Decree Requirements.
(Public Works)
R7E A Resolution Authorizing A Policy Direction Towards Collecting Delinquent Account Payments
Under The Fee ln Lieu Of Parking Program, Under Section 130-131, Of The City Code; To
Provide The Planning Director, City Manager And City Attorney The Authority To Negotiate And
Execute Payment Plans For Delinquent Accounts Under The Following Conditions: (1) The
Delinquent Account Holder Must Pay The Current Fiscal Year Fee Prior To Entering lnto A
Payment Plan For Delinquent Fees; (2) The Delinquent Account Holder Must Repay The Entire
Amount Due To The City, Regardless Of The Year The Delinquency Occurred; (3) The
Delinquent Account Must Have An Active And Correct Business Tax Receipt (BTR); ( ) No
Payment Plan May Exceed 36 Months ln Length; (5) Failure To Comply With The Plan Shall
Result ln A Revocation Of The Business Tax Receipt (BTR), And/Or Revocation Of The
Certificate Of Occupancy/Certificate Of Use (CO/CU) For The Delinquent Account; (6) The Total
Outstanding Balance Shall Become Due And Payable lf Payment Under The Plan ls Not
Received By The 1Oth Of The Applicable Month; And (7) Authorize The City Manager To Take
Such Action To Execute Any And All Necessary Documents To Coordinate The Execution Of
Payment Plans
(Office of the City Manager)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
R9A1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
14
14
Commission Agenda, February 11, 2015
R9 - New Business and Commission Requests (Continued)
RgD Update On Police Department Policy On Body Camera Deployment.
(Police)
RgE Discussion Regarding Life Guard Stands ln Miami Beach.
(Requested by Commissioner Jonah Wolfson)
RgF Discussion Regarding The Collection Of Delinquent Parking lmpact Fees (lncluding Pre 2010);
And A Written Progress Report, With An Alphabetical List Of All Corporations, LLCs And Their
Named Principles Associated With Said Accounts.
(Requested by Commissioner Edward L. Tobin)
RgG Discussion Regarding Payment ln Lieu Of Parking Program; And Providing List Of The Top 25
Accounts ln Arrears With A Listing Of Principals Associated With Said Accounts.
16fice of the City Attorney)
RgH Report From Atlantic Broadband Cable.
(Requested by Mayor Philip Levine)
(Requested on January 14,2015 - RgH)
R9l Discussion Regarding Motorcycle/Scooter Parking ln Conventional Parking Spots.
(Requested by Commissioner Micky Steinberg)
(Pulled from January 14,2015 - RgO)
RgJ Discussion Regarding A Work Program For Adults With Disabilities.
(Requested by Commissioner Jonah Wolfson)
RgK Discussion Regarding Planning Board Resolution - A Resolution Of The Planning Board Of The
City Of Miami Beach, Florida, Requesting That The Mayor And City Commission Authorize An
lmpact Study Relating To Traffic, Operations, And Relating To The Various Types Of Medical
Type Uses Proposed, lncluding But Not Limited To Urgent Care, Outpatient Surgery, Diagnostics,
Medical Offices, Etc., To Be Utilized ln Conjunction With Analyzing The ProjectAt 709, 721, And
745 Alton Road, Under Planning Board File No. 2151; On Behalf Of Applicant South Beach
Heights ll, LLC And KMB Equities, LLC.
(Office of the City Manager)
RgL Discussion Regarding The City Of Miami Beach Sustainability Objectives And Priorities For The
Calendar Year Of 2015.
(Requested by Commissioner by Michael Grieco)
RgM Discussion Regarding Awareness Program "Don't Text And Drive, lt Can Save A Life."
(Requested by Commissioner by Michael Grieco)
15
15
Commission Agenda, February 1 1, 2015
R9 - New Business and Commission Requests (Continued)
RgN Status Update On The Park Ranger Program.
(Parks & Recreation)
RgO Discussion Regarding The Unbelievable Staff Design For The Par 3.
(Requested by Commissioner Edward L. Tobin)
RI0 - Gitv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
R10B Notice Of Closed Executive Session
Pursuant To Section 768.28, Florida Statutes, A Closed Executive Session Will Be Held During
Recess Of The City Commission Meeting On Wednesday, February 11,2015, ln The City
Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion Relative To Risk
Management.
(Human Resources)
Reports and lnformational ltems
1. Reports And lnformational ltems (see LTC 049-2015)
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 Agenda
16
16
Commission Agenda, February 1 1, 2015
Miami Beach Redevelopment Agency
Gity Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
February 11,2015
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
AGENDA
Call to Order - 2:00 p.m.
1. NEW BUSINESS
A A Resolution Of The Chairperson And Members Of The Miami Beach Redevelopment
Agency (RDA), Accepting The Recommendations Of The Finance And Citywide Projects
Committee Approving And Authorizing The RDA To Enter lnto A Lease Agreement
Between The Miami Beach Redevelopment Agency (Landlord) And Mr. R Sports, lnc.
(Tenant), ln Connection With The Use Of Suite No. 5 At The Anchor Shops, Located At
100 16th Street, Suite No. 5, Miami Beach, Florida (Space), ForAn lnitialTerm Ending On
October 1, 2015, With Two (2) Renewal Option Of Three (3) Years And Three (3) Years
And 364 Days Respectively.
(Tourism, Culture & Economic Development)
17
17
18
19
2015 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA)
MEETING DATES
Commission/RDA Meetings Alternate (Presentation) Meetings
January 14 (Wednesday) January 27 (Tuesday)
February 11 (Wednesday) February 25 (Wednesday)
March 11 (Wednesday) March 18 (Wednesday)
April 15 (Wednesday) April 29 (Wednesday)
May 6 (Wednesday) May 20 (Wednesday)
June 10 (Wednesday) None
July 8 (Wednesday) July 29 (Wednesday)
August - City Commission/RDA in recess
September 9 (Wednesday) (September TBA) 2nd Rdg of Budget
October 14 (Wednesday) October 21 (Wednesday)
November 9* (Monday) November 23* (Monday)
December 9 (Wednesday) December 16 (Wednesday)
* Meeting(s) for election related items only.
20
c2
COMPETITIVE BID REPORTS
21
COMMISSION ITEM SUMMARY
Condensed Title:
NEOUEST FOR AUTHORIZATION TO ISSUE REQUEST FOR PROPOSAL (RFP) NO.
2015-O95.MT FOR ELEVATOR INSPECTTON AND PLAN REVIEW SERVICES.
Item Summa
lntended Outcome Su
Streamline the Delivery of Services through All Departments.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
On May 9, 2012, the City Commission approved the contract with Miami Elevator
lnspections, lnc, A-1 Elevator lnspection, lnc., and Up & Down Elevator lnspections
pursuant to ITB 33-11 112, for Elevator lnspection Services. The agreement with these firms
is currently effective through May 30, 2015 and no more options for renewal are available.
Given that these services are still needed by the Building Department, a new solicitation
needs to be issued to establish a new contract.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFP 2015-095-MT for Elevator ln ion and Plan Review Services.
Board Recommendation:
N/A
Financial lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
Clerk's Office islative Tracki
ebruary\PROCUREMENT\RF INSPECTION AND
AGENDA ITEfut
DATE
CAA
2-//- /Y* MTAMTBEACH 22
MIAMI BEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
ro: Mayor Philip Levine and Members of thp City Com
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REQUEST FOR AUTHORIZATION TOUSSUE REQUEST FOR PROPOSALS (RFP}
NO. 2015-O95.MT FOR ELEVATOR INSPECTION AND PLAN REVIEW SERVICES.
ADM!NISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
On May 9,2012, the City Commission approved the contract with Miami Elevator lnspections,
lnc, A-1 Elevator lnspection, lnc., and Up & Down Elevator lnspections pursuant to ITB 33-
11t12, for Elevator lnspection Services. The agreement with these firms is currently effective
through May 30, 2015 and no more options for renewal are available.
Given that these services are still needed by the Building Department, a new solicitation needs
to be issued to establish a new contract.
SCOPE OF SERVICES
Please Reference RFP 2015-095-MT for Elevator lnspection and Plan Review Services
(attached).
MINIMUM QUALIFICATIONS
Please Reference RFP 2015-095-MT Elevator lnspection and Plan Review Services
(attached).
MINIM UM DOCUM ENTATION SUBMITTAL REQUI REMENTS
Please Reference RFP 2015-095-MT Elevator lnspection and Plan Review Services
(attached).
EVALUATION/SELECTION PROCESS: GRITERIA FOR EVALUATION
Please Reference RFP 2015-095-MT for Elevator lnspection and Plan Review Services
(attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of RFP
2015-095-MT for Elevator lnspection and Plan Review Services (attached).
ATTACHMENTS
RFP 2015-095-MT Elevator lnspection and Plan Review Services
(attached).
JLM/JJ/MT/MF/AD
T:\AGENDA\2015\February\PROCUREMENT\RFP No. 2015-095-MT FOR ELEVATOR INSPECTION AND PLAN REVIEW
SERVICES - lssuance Memo.docx
23
REQUEST FOR PROPOSALS (RFP)
FOR ELEVATOR INSPECTION AND PIAN REVIEW
SERVICES
RFP No. 2OI5'095'MT
RFP ISSUANCE DATE: FEBRUARY 12,2015
PROPOSALS DUE: MARCH 6,2015 @ 3:00 PM
ISSUED BY:
EA*A/\AIBTATH
Mqrtho L. Torres, Procuremenl Coordinqlor
PROCU REMENT DEPARTMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l39
305.67 3.7OOO x 6263 | Fox: 7 86.39 4.549 4 | morthotorres@miomibeochfl.gov
24
MIAMIBTACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
01oo NoT uTlLlzED ......... .......... N/A
o2oo TNSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ..........1O
0400 PRoPoSAL EVALUATION ......... ..........12
APPENDICES:PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS .,......14
APPENDIX B 'NO PROPOSAL" FORM ...,.,..21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ...,,,..,...,.,,,.,23
AppENDtX D SPECIAL CONDITIONS ........... .-.......-.-...26
APPENDIX E COST PROPOSAL FORM ......28
APPENDIX F INSURANCE REQUIREMENTS ..............30
RFP 2015-095MT
25
AAIAMISilACH
sEcTloN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CIND]IIoNS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
nneans tor prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach is accepting Proposals from those qualified parties interested in providing the City with
Elevatoi lnspection and Plan review Services for the City of Miami Beach Building Department on an "as needed
basis" and an on-going basis from a successful proposer that will provide these services in a timely manner.
for solicitation i follows:LICITATION TIMETABLE. The tentative schedule tor thls sollcltaton ls as
RFP lssued February 12,2015
Pre-Proposal Meeting February 18, 20'15 @ 2:00 PM
Deadline for Receipt of Questions Wednesday, February 25,2015 @
5:00PM
Responses Due Thursday, March 6,2015 @ 3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
RFP 2015-095 MT
26
AAIAAAIBTACH
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
procurement Contact n-r*O f,.r.in, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl,qov; or tacsimite: Z8O-994-+189. The Bid title/number shall be referenced on all
questsforclarificationmustbereceivednolaterthanseven(7)calendardays
prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
Martha L. Torres
Telephone:
305-673-7000 x6858
Email:
marthatorres@miam ibeachfl . gov
5. PRE.PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the city, a pre-proposal meeting or
site visit(s) may be scheduled.
A pre-pROpOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
CitY Hall '4tt' Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory.
'proposers
interested in pariicipating 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 4142489
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
willbewithoutlegaleffect,includinganyinformationreceivedatpre-
submittal meeting or site'rirlt1.;. Onli questions answered bywritten 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 untit anaward 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
ndex.D=1 3097 =9&s ida. Any communication or
nyC',employeeorCityofficialisstrictlyprohibitedwiththeofexcept|on
communications with the Procurement Direttor,-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'
27
i\\tAMISTACFI
g. SPECIAL NOTICES. you are hereby advised that this solicitation is subject to the following
ordina.ces/resolutions, which may be found on the City Of Miami Beach website:
. CONE OF S|LENCE.... CITY CODE SECTION 2486
o pROTEST pn0C80Unri..,.,...,......,.........,........ clTY coDE SECTION 2-371
. DEBARMENT PROCEEDINGS ctTy coDE SECT|ONS 2-397 THROUGH 2-485 3
o LOBBYIST REGISTMTION AND DISCLOSURE OF FEES ' CITY CODE SECTIONS 2481 THROUGH 2-406
. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES . ... .... CITY CODE SECTION 2488
. REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS. .... CITY CODE SECTION 2'373
o LIVING WAGE REQUIREMENT. . .... ., CITY CODE SECTIONS 2407 THROUGH 2-410
r PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2'374
. FALSE CLAIMS ORDINANCE. .. CITY CODE SECTION 70-300
r ACCEPTANCE OF GIFTS, FAVORS & SERVICES.,. CITY CODE SECTION 2449
9. posTpoNEMENT OF DUE DATE FOR RECEIPT OF PROPqSALS. The City reserves the right to postpone the
deadlineforsubmittalbleefforttogiveatleastthree(3)calendardayswritten
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 C6de 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 BUSTNESS ENTERPRTSES PREFERENCE. Pursuant to city of Miami Beach ordinance No, 2011-
rencetoareSponSiVeandreSponSibleProposerwhichisaSmall
business concern owned and conirolled 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 0400, Evaluation of
eCityManagerwhomayrecommendtotheCityCommissionthePropose(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.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the contract'
The city commission shall consider the city Manager',s recommendation and may approve such
recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and
28
A,{iA,\AIBTAC}-I
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,
The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its
entirety. fne City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in
the event that 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;
2) it is in the best interest of the City to do so regardless of reason.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
willbemadetoeitherawardtheContractorrejecta|lproposalswithinone-'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
uations,andexaminations,asitdeemsneceSSary,toascertainallconditions
and re-quirements affecting tne tutt performance of the contract, lgnorance of such conditions and requirements,
and/or iailure to make suih 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
acc6pted as a basls for any iubsequent 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,
ctiontherewith,shallbethesoleresponsibility(andshallbeatthesolecostand
expense) of the Proposer, and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE ClTy. lt is the intent of the city, and Proposers hereby acknowledge and agree, that
the@sideredtobeanindependentcontractor,andthatneithertheProposer,northe
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.
1g. MISTAKES. proposers are expected to examine the terms, conditions, specifications, delivery schedules,
p.p.*d pn6rg, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive,
1g. PAYMENT. payment will be made by the City after the goods or services have been received, inspected, and
fornd to comply wiih 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
off.rce@s,and/oragents,fromliabilityofanynatureorkind,includingcostandexpensesfor,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the iontijct, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letteri, 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.
29
I,{iAAA}BilACTi
21. MANNER OF PERFORMANCE. proposer agrees to perform its duties and obligations in a professional manner
and in accordance *ltn att appticaUte Local, Stat-e, Couniy, 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
1..rponr',bility. proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, an"d licensed in all areas encompassed within their designated duties, Proposer agrees to
fuinish to the City any and all documentation, certificaiion, authorization, license, permit, or registration currently
required by appliiabls laws, rules, and regulations. Proposer further certifies that it and its employees willleep all
licenses, p.rritr, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effeci 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 resriting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary liienses, permits, and insurance, and assure all work complies with all
applicable laws. The cont-ractor shall be liable for any damages or loss to the City occasioned by negligence of the
iropor.r, 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
contained in Section-2g2;xecutive 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.
@theProposeisfacilitymaybemadepriortotheawardofcontract.
B. proposals wili only be considered from firms whlch are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
6. 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 *itf, tne 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 (eiperience), 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
cortractj'rchJdilrfny 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
7
30
&AIAMIBtrATL{
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
inpurchasespursuanttotheawardofthiscontractattheoptionoftheunitof
government or non-profit agencY.
28. VOLUME OF WORK TO BE RECETVED By CONTRACTOR. lt is the intent of the city to purchase the goods
fromthecontractor.However,theCityreSerVeStherightto
purchase any goods oi 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,
@tiesfromanyandallliability,iossesordamages,includingattorney,sfeesandcostsof
d6fense, which the City or its officeis, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions o, proceedings of any kind or nature arising out of, relating to or resulting from the
pedormance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The c6ntractor shill pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any liind 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 ,n'd ,gr..t that iny insurance protection required by this Agreement or othenrvise provided
by the contractor shall in no ui.y limit the responsibility to indemnify, keep and save harmless and defend the City or
iti officers, employees, agents and instrumentalities is 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 Oate top period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additionalextensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
a.d all
'r,formailon
and documentation submitted therewith, are exempt from public records requirements under
Section 11g.07(i), 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,
,gr..r.ni to 1u; Keep a-"nO maintain public records that ordinarily and necessarlly would be required by the public
,[.n.y in order'to perform the services; (b) provide the public with access to public records on the same terms and
conditrons that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwije provided by law; (c) Ensure that public records that are exempt or confidential and
exempt irom public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requiiements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contraitor upon termination of the contract and destroy any duplicate public records that are
31
l,,1iA^Al BilAC$-l
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. MODIFICATIONA'VITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
theProposalduedateandtime.Modificationsreceived
after ihe proposal due date'and time will not be considered. Proposals shall b_e irrevocable until contract award
unless wlthdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of proposals without a coitract award. Letters of withdrawal received after the Proposal due date and before said
expiraiion 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
ffiany,alternativeisbeingoffered.Allexceptionsandalternativesshallbeincludedand
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or allLxceptions and alternitives. 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).
35. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
theCity,forthepurpoSeofinfluencingconsideratronofthis
proposai. pursuant to sec. 2-44g of ine city CLde, 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
9
32
,\AtAAAiSrACr"l
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. .ontr-i*r on or before the due date establ'shed 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 ti1e, 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 *ceired 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 reviewJi 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
-
1.1CoverLetteranorserandProposerPrimaryContactforthe
purposes of this solicitation.
1.2 proposal certification, euestionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum eualifications Requirements. Submit veriflable information documenting compliance with the minimum
lifications requirements established in Appendix C, Minimum Requirements and Specifications.
& Qualifications
2.1 eualifications 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 idbntified in this solicitation, including exPerience in
providing similar scope of servicesio public sector agencies. This experience should include at least three (3) years in
proviOing services oulined in the RFP. For each project (at least three) that the proposer submits as evidence of similar
fxperierice, the following is required: project description, agency name, agency contact, contact telephone & email, and
yea(s) and term of engagement.
2.2 eualifications of proposing Firm's Team Members, Proposer shall include resumes, copies of licenses and
certifications for Elevator lnspectirs, Plan Reviewers, and all key personnel to be used for services under this contract'
Resumes of each individual team member shall include education, experience, and any other pertinent information that
will assist in determining the qualifications,
2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualifrcation !eport
(SOR) direcly to ine piocurement Contact named hirein. No proposal will be considered without receipt, by the City, of
in. sOn direcly 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:
for the accuracv of the information contained in its sQR. lt is h
RFP 2015 095-MT t0
33
and
erequiredScopeofservices,includingdetailed
information, as applicable, which addresses, but need not be limited to: implementation plan, project timeline,
phasing opiions, testing and risk mitigation options for assuring project is implemented on time and within budget.
Firms selected under this RFp will not be able to perform private elevator inspections and testing services for
private clients for the duration of the contract with the City of Miami Beach. Proposer must divest itself of all such
services at the time it is selected. Proposer shall include a statement indicating Proposer's understanding of this
preclusion and acceptance that provision and either does not provide such services in the City of Miami Beach or
will divest itself of all such services at the time it is selected.
tu\tAMlmffit*-{
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.
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
propor.r team'members or sub-consuitants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
il
Cost
Submit a Cost Form
34
AAIAAAISTAC$-"{
SECTION O4()O PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements setforth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Procurement Department, An Evaluation Committee, appointed by the City
Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for
Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all proposals received, with or without conducting interview sessions; or
. review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
. Experience and Qualifications
. Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step '1, as follows.
Cost Proposal
Veterans Preference
RFP 2015-095 MT 12
35
tu\iAMlBrAC$"i
4. Cost proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Formula for Cost
Formula for Calculating Points
(lowest cost / cost of proposal being evaluated X
maximum allowable points = awarded points)
Round to
Example Maximum
Allowable Points
(Points noted are for illustrative
purposes only. Actual Points
100 / $100 x2o -- 20
$100/$150X20=13
$100, $200 X 20 = 10
S. 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 Procurement Department. Step l and2 scores
will be converted to rankings in accordance with the example below:
i1 ..'-=-., ''::=
Cornmifiee
Membei'-1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
l: :::::::::=
Committee .
Membel 2=
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Comrnltte"e'.,
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 '15 12
Total 102 89 78
Rank 1 2 3
anager 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.
t3
36
APPENDIX A
$dlAMl mffiAtr$d
Elevotor lnspection ond
Plon Review Services
RFP 2015-095-MT
PROCU REMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
14
37
Solicitation No:
RFP 2015-095-MT
Solicitation Title:
Elevator lnspection and Plan Review S lryl999
Procurement Contact;
Martha L. Torres
Tel:
305-673-7000 x6858
Email:
marthatorres@miam ibeachfl . gov
PROPOSAL CERTI FICATION, QUESTION NAIRE & REQU IREMENTS 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
irropor.r, in order that certain portions of responsiveness; responsibility ary other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REeUIRED FbRM that must be submitted fully completed and executed.
1. General Proposer lnformation.
No of Years in Business LocallY:No of Years in
HAS OPERATED UNDER IN THE LAST'10
ATIVE FOR THIS
TOLL FREE NO,:
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 io evaluate the capacity of the Proposer to perform in accordance with contract requirements.
t5
38
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
f--l vrs NO
SUBMITTAL REQUIREMENT: proposers claiming veteran owned business status shall submit a documentation proving thqt 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 imployee w'ho 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)whoisalsoanemployeeoftheiiiyofMiimiBeach. Proposersmustalsodisclosethenameof
any City employee who owns, either directly or indirectly, an interest irf 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.
SUBMTTTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Tifle, 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 puPlic sector agency?f--lves I lruo
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 cooiheo in Sections 2-487 through 2-4g0 oi the city code. Proposers shall be solely responsible for ensuring that all
appltable 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 disquatiflcition of their Proposals, in the event of such non-compliance.
suBMITTAL REQUTREMENT: 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
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulaiions including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
suBMtTTAL REQUIREMENT: proposer shail 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.
t6
6.
39
Living Wage. pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers
shall 5e reqiuired to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:
. the hourly tiving rate wilt 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 tnJconiumer price lndex for all Urban consumers (cPl-u) Miami/Ft. Lauderdale, issued by the U.S. Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any [articular 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 iis sole option, immediaiely deem said proposer as non-responsive, and may further subject Proposer to additional penalties
and fines, as provided in the bity's Living Wage ordinance, as amended. Further information on the Living Wage requirement is
available at www,miamibeachfl .gov/procuremenV.
suBMITTAL REQUIREMENT: No additional submittat 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 or.i $tbO,OOO whoie contractors maintiin 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 pritn.rr, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of tn. City of Miami Beach, Florida; and the Contractor's employees locatedin 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 benejlg tojmployees with spouses or to spouses of employees?
[---lves I lruo
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 vrs [-_-] r.ro
c. please check all benefits that apply to your answers above and list in the "othed' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse 0r
domestic partner, iuch 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.g-', there are no insurance
provid'ers 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 equivileni and submit a completed Reasonable Measures Application
(attached) with all necessary docum-entation. Vbur Reasonable Measures Application will be reviewed for consideration by the City
Mrnug.r,'or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl.gov/procuremenU.
l7
40
o public Entity crimes. Section 2g7.133(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 serrices to a public entity; may not submit a proposal,
proposal, or reply on a contiact with a public entity for the consiruction 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 *itn uny public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 ror'iRtgcoRY 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 ceilfies 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 ano ail addendum isiued pursuant to solicitation. This Acknowledgement of
Addendum section certifies tniat tn'e proposer has reieived all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
10.
lnitial to Conflrm
Receiot
lnitial to Conflrm
Receiot
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum B Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
tt aOOltionat connrmation of addendum is required, submit under separate cover.
41
-
Thesolicitationref.,en..dBeach(the''City,.)fortherecipient,sconVenience.
Any action taken by the City in response-to Proposals made pursuanito tnit solicitation, or in making ,.1::11-:j"'tjfllnJ'#:11%:?Ally dul,lull (dNsllvy trrv v
make any award pursuant io 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 llability 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 deviite from the soticitaiion, as it deems appropriate and in it! best interest' ln its sole dtscretion, 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 disctosure daia, relating to the proposat and ine 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 u..u*t. and complete. The Citydoes 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. Thb 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 warianty or representation is made by the city
or its agents that any proposal confoiming to these requirements wlll 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 whb 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
soticitition 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 partiei, and then o.nly pursuant to the terms of the definitive
agreements executed among the parties Any response to this solicitation may be accepted or reiected 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 ,uo*itt.o in sealed proposal form and ihall 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 inquiiy or investigation it deems appropriate to substantiate or supplement
information contained in the proposal, and authorizes the release to thebity 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 ludgment
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 liabitity'shaitue tirlteo to $lo,ooo.oo as agreed-upon and liquidated damages The
previous sentence, howevei, shall not be construed to circumvent any of the other provisions
-ot
tnis 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 andbisilaimer shallalways govern. The solicitation and any disputes arising from the solicitation shallbe
governed by and construed in accordance with the laws of the state of Florida.
l9
42
er,amSubmittingthefollowinginformationasmyfirm'S
propo.il; profoser 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 reiult in disqualification of proposal submitted, Proposer has not divulged,
discussed, or compared the proposat with other Proposers and has not colluded with any other Proposer or party to any
other proposal; proposer acinowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and puflic Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposeis Authorized Representative:Title of Proposeis Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of FLORIDA )
)
On this
-day
of
-,
20-, PersonallY
appeared before me
county of
--)
stated that (s)he is the
-.-.-of , a corporation, and that the instrument was signed in behalf ol
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
43
APPENDIX B
$s|&&&x mffiAtrffi
"No Bid" Form
RFP 2015-095-MT
Elevotor lnspection ond Plon Review
Services
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
21
44
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
-
Workload does not allow us to proposal
-lnsufficient
time to resPond
-
Specifications unclear or too restrictive
-
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
PROCUREMENT DEPARTM ENT
ATTN: Martha L. Torres
PROPOSAL #2015.095.MT
1700 Convention Center Drive
MIAMI BEACH, FL 33139
22
45
APPENDIX C
,&l\i&f\A|ffiffiAffiN
inimum Requirements
& Specificotions
RFP 2015-095-MT
Elevotor inspection ond Plon Review
Services
PROCUREMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
23
46
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.
that fail to complv with minimrrn lequirements will be
considered.
1. proposer shall have a minimum of three (3) years' experience providing the services outlined in the RFP
and must provide at least three (3) refeiehces. References shall include the name of organization;
organization contact name, telephone number and email address; and, a brief description of the work
provided.
2. The inspectors and plan reviewers shall meet the definition of "Elevator Personnel" in ASME A17.1 Section
1.3 and have documented training and at least one (1) year of experience performing inspections and
performing witnessing of tests as specified in ASME A'17.1 and A18.1.
3. The inspectors and flan reviewers must be in possession of current ASME QEI certification issued by a
certifying organization and a valid State of Florida, Department of Business and Professional Regulations
CEI (Certified Elevator lnspector) License.
4. eualification and duties oi the inspector shall meet or exceed the requirements of ASME QEI-1-2004, Part
2.
C2. Statement of Work Required.
The proposer, hereinafter referred to as Contractor, will be required to provide elevator inspectors and
elevator plan reviewers to the Building Department on an "as-needed basis" and an "on-going basis".
Contractor shall supply certified elevitor rnspectors and certified elevator plan reviewers to conduct
inspections and plan ieviews for new construction and alteration/remodeling of existing buildings. ln
addition, Contractor shall supply certified elevator inspectors to perform annual certification inspections and
witnessing tests for City of Miami Beach facilities.
C2.1. ELEVATOR INSPECTIONS
The proposer shall perform inspections of elevators pursuant to ANSI/ASME A17.1 and A18.1a as
appropriate.
Conduct technical field inspections of elevators during various phases of new construction and
alteration/remodeling, if found in compliance with applicable codes and regulations, and provide written
comments, if found not in compliance with applicable codes and regulations.
C2.2.PLAN REVIEW
Review elevator plans, specifications and materials listed for residential and commercial projects, if found in
compliance with applicable codes and regulations, and provide written comments, if found not in compliance
with applicable codes and regulations'
Evaluate alternate methods, procedures, materials and products for compliance with the Florida Building
Code requirements, whichevei is applicable, depending on the date of the application or construction.
Approve and disapprove proposed plans in accordance with the applicable Code and other regulatory
requirements and discuss disapproved items with architects, engineers, contractors and/or owner builders to
obtain plan changes necessary for approval.
Render information concerning the applicable Code and make interpretations of its contents. Make
decisions as to the feasibility of deviations from the Codes under various conditions'
Perform related work as required by the Building Department.
24
47
APPENDIX D
f\AiAAAI ffiffi&ffih{
Speciol Conditions
RFP 2015-095-MT
Elevotor lnspection ond Plon Review
Services
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
25
48
1. TERM OF CONTRACT. The term of the contract shall be for THREE (3) years
2. OPT|ONS TO RENEW. Two (2) one (1) year options to renew upon written mutual
agreement.
3. pRtcES. All prices shall be negotiated with the selected PRoPOSER(s).
4 EXAMINATION OF FACILITIES. lntentionally omitted.
5. INDEMNtFICATION. lntentionally omitted'
6. PERFORMANCE BOND. lntentionally omitted.
7. REQUIRED CERTIFICATIONS. lntentionally omitted.
8. SHIPPING TERMS. lntentionally omitted.
9. DELIVERY REQUIREMENTS. lntentionally omitted.
10. WARRANTY REQUIREMENTS. lntentionally omitted'
1 1. BACKGROUND CHEGKS. lntentionally omitted.
12. PRECLUSIONS. PRIVATE INSPECTION AND TESTING SERVICES IN THE CITY
OF MIAMI BEACH TO PRIVATE CLIENTS: Firms selected under this RFP will not be able to
perform private elevator inspections and testing seruices for private clients for the duration of the contract
with the City of Miami Beach. Proposer must divest itself of all such services at the time it is selected.
26
49
APPENDIX E
eAlA/Wl mffi&#N
Cost Proposol Form
RFP 2015-095-MT
Elevotor lnspection ond Plon Review
Services
PROCUREMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
27
50
APPENDIX A
PROPOSAL TENDER FORM
-rriEllrr-5
Bidderaffirmstnattnentstheentirecostoftheitemsin
full accordance with the requirements of this iTB, 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-, 9o-tt 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. B_id Price Forms (Section 5) completed in pencil
shall be deemed non-responsive. All corrections on the Bid Price Form (Section 5) shall be initialed'
Authorized Representative's Signature:
51
APPENDIX F
/ulA&,elffiffi&ffN
lnsuronce Requirements
RFP 2015-095-MT
Elevotor lnspection ond Plon Review
Services
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
29
52
&slAtu4imm&ffH
INSURANCE REQUIREMENTS
INSURANCE
The vendor shall furnish to the Procurement Department, City of Miami Beach, '1700 Convention Center Drive, 3rd
Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute
440.
B. Commercial General Liability lnsurance on a comprehensive basis, to include Contractual Liability,
and Products/Completed Oferations, in an amount not less than $1,000,000 combined single limit
per occurrence for bodily injury and property damage. City of Miami Beach must be included as
an additional insured with respect to this coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and propertY damage.
lnsurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required
above shall be issued by companies authorized to do business under the laws of the State of Florida, with the
following qualifications:
The company must be rated no less than "8" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's lnsurance Guide, published by A.M. Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
0r
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All
lnsurance Companies Authorized or Approved to Do Business in Florida" issued by the State of
Florida Department of lnsurance and are members of the Florida Guaranty Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance
notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17O() CONVENTION CENTER DRIVE
3'd FLOoR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this
section or under any other section of this agreement.
The City of Miami Beach is self.insured. Any and all claim payments made.from self insurance are subject to
the lim]ts and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
53
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO tNVtTATtON TO BID (rrB)
2015.052.WG FOR TEMPORARY STAFFING SERVICES AND TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AGREEMENTS.
Ensure e trends are sustainable over the lono term
Supporting Data (Surveys, Environmental Scan, etc.): N/A
The purpose of this bid is to establish a Contractwith lowest responsive, responsible bidder(s) to provide
the City of Miami Beach, on an as needed basis, with temporary personnel with the skill, knowledge and
experience required by the City to perform as a temporary agency employee the duties, functions and
responsibilities of the positions requested. Compliance with the City of Miami Beach Living Wage is a
requirement of this solicitation.
With the above stated goal in mind, lnvitation to Bid (lTB) 2015-052-WG, was issued on November 14,
2014. Notices were sent to approximately forty-nine (49) firms. Following a pre-bid conference and
necessary addenda to clarify ITB requirements and respond to bidder questions, nine (9) bids were
received on December 8, 2014 from: Worksquare LLC., Creative Staffing, SNI Companies Corp.,
Academy Design and Technical Services, Kemp Group lnternational Corporation, GDKN, Eagle
Resources Group lnc., Transhire and TS Staffing Services. The bid tabulation is attached.
The City Manager has considered the bids received pursuant to ITB 2015-052-W G, and recommends
that the Mayor and Ci$ Commission of the City of Miami Beach, Florida, approve the award of contract
folas tollows and authorize the C to execute men s) as nece
Primarv Secondarv Tertiary
Administrative Type
Temporarv Staff
Academy Design and
Technical Services
Worksquare LLC Transhire
lndustrial Type
Temoorarv Staff
Academy Design and
Technical Services
Worksquare LLC Creative Staffing
RECOMMENDATION
The Administration recommends that the Mayorand CityCommission of the Cityof MiamiBeach, Florida
approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-052-
WG, for Temporary Staffinq Services.
Board Recommendation:
N/A
Financial !nformation:
Source of
Funds:
Financial lmpact Summary: The annual cost associated with the acquisition of temporary staffing
services is subiect to funds availabilitv approved throuqh the Citv's budqetinq orocess.
Alex Denis, Director Ext # 6641
n-Offs:
Der rtment Director Assistant Citv Manaqer Gitv Ma rager
AD)Zsqali KGB JLM;il_
T:\AGI4\DA\201S\February 11\Procurement\lTB 2015-052-WG Temporary Staffing[Qervices -suuuARY.ooc "\
I
AGENDA trEM CeB
DArE L'll- ItE MIAMIBEACH 54
MIAMIBEACH
Gity of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members City SSION
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REQUEST FOR
INVITATION TO
SERVICES AND
AGREEMENTS.
APPROVAL AWARD A CONTRACT PURSUANT TO
BrD (rTB) 2015-052-WG FOR TEMPORARY STAFFTNG
TO AUTHORIZE THE CITY MANAGER TO EXECUTE
KEY INTENDED OUTCOME SUPPORTED
Ensure expenditure trends are sustainable over the long term.
FUNDING
The annual cost associated with the acquisition of temporary staffing services is subject to
funds availability approved through the City's budgeting process.
BACKGROUND
The purpose of this bid is to establish a Contract with lowest responsive, responsible bidder(s)
to provide the City of Miami Beach, on an as needed basis, with temporary personnel with the
skill, knowledge and experience required by the City to perform as a temporary agency
employee the duties, functions and responsibilities of the positions requested. Compliance
with the City of Miami Beach Living Wage is a requirement of this solicitation.
ITB PROCESS
With the above stated goal in mind, lnvitation to Bid (lTB) 2015-052-WG, was issued on
November 14, 2014. Notices were sent to approximately forty-nine (49) firms. Following a
pre-bid conference and necessary addenda to clarify ITB requirements and respond to bidder
questions, nine (9) bids were received on December 8,2014 from: Worksquare LLC., Creative
Staffing, SNI Companies Corp., Academy Design and Technical Services, Kemp Group
lnternational Corporation, GDKN, Eagle Resources Group lnc., Transhire and TS Staffing
Services. The bid tabulation is attached.
As required in the lTB, bids were evaluated for compliance with minimum qualifications and
specification req uirements, including :
1. Minimum Requirements: Bidders shall provide the following:
. The bidder shall provide a Dun and Bradstreet (D&B) report indicating a Supplier Risk
Score rating of not more than 4.
Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and
Transhire have Supplier Evaluation Risk Scores of not more than 4 and have the
financial resources to ensure that they can satisfactorily provide the services required
55
Commission Memorandum - ITB No. 2015-052-WG, Temporary Staffing Services
February 11,2015
Page 2
in the lTB.
. The bidder shall maintain an office within the geographical boundaries of Miami-Dade,
Palm Beach, Broward or Monroe Counties.
Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and
Transhire met the minimum requirements noted above.
. Provide listing of at least three (3) contracts of similar size and scope that have been
awarded to bidder by public and private sector clients within the last three (3) years,
(for each include organization name, contact person, address, telephone number,
email address, and summary of scope of services provided).
Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and
Transhire provided satisfactory references to the City.
. Firm or Principal shall not have, or have been principal to any firm that has, had a
contract terminated by the City for default.
Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and
Transhire met the minimum requirements noted above.
. Firm or Principal shall not have, or have been principal to any firm that has, been party
to a corporate bankruptcy within the last ten (10) years.
Academy Design and Technical Services, and Worksquare LLC, Creative Staffing, and
"Transhire met the minimum requirements noted above.
TS Staffing Services withdrew its bid. The bid response for TS Staffing Services stated that
their firm had no litigation history or regulatory action to report. However, as part of the City's
due diligence extensive litigation history was found. TS Staffing Services failed to provide an
explanation of the litigation found and subsequently withdrew their bid.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received pursuant to ITB 2015-052-WG, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of contract as follows and authorize the City Manager to execute
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bid received,
pursuant to ITB 2015-052-WG, for Temporary Staffing Services.
JLM/MT/JR/AD
T:\AGENDA\201S\February\Procurement\lTB 2015-052-WG Temporary Stafflng Services - Memo.doc
eemenl(s AS
Primarv Secondarv Tertiarv
Administrative Type
Temoorarv Staff
Academy Design and
Technical Services
Worksquare LLC Transhire
lndustrial Type
Temoorarv Staff
Academy Design and
Technical Services
Worksquare LLC Creative Staffing
56
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57
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
NO. 2015.042.JR FOR AGGREGATE. TOP SOIL AND SAND.
Ensure Exoenditure Trends Are Sustainable Over The Lonq Term
Data (Survevs. EnvironmentalScan. etc: N/ASu
Item Summary/Recommendation:
The purpose of this bid is to establish a contract, for the supply and delivery of aggregate top soil
and sand for the City of Miami Beach on an as needed basis. All material supplied to the City of
Miami Beach under this contract shall meet the requirements of the FDOT Standard Specifications
for Road and Bridge Construction, most recent edition. The pro.lect includes FDOT and Non-FDOT
materials utilized by the Public Works and Parks and Recreation Departrnents for their daily
operations to maintain the streets and parks throughout the City. Materials under this contract
include but not limited to; ballast rock, lime rock, screening sand, topdressing material, mix soil,
river rock, florida native red baseball clay, etc.
ITB No. 2015-042-JR, was issued on November 25,2014, with a bid opening date of December
15,2014. No addenda were issued. The Procurement Department issued bid notices to twenty
four (24) companies utilizing www.publipurchase.com website. Fourteen (14) prospective bidders
accessed the advertised solicitation. The notices resulted in the receipt of two (2) responses from
ABC Transfer, lnc. and Florida Superior Sand, lnc. and one (1) no bid from Pro Grounds, lnc. The
bid tabulation is attached, Appendix A.
The City Manager has considered the bids received, pursuant to ITB 2015-042-JR, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the
award of contracts to ABC Transfer, lnc. for materials under the Public Works category items 1
through 5 and emergency items also 1 through 5, and Florida SuperiorSand, lnc. forallmaterials
Parks and Recreation category items 6 through 17, the lowest responsive, responsible bidders to
the ITB; and, further, authorize the Mayor and City Clerk to execute the contracts.
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 2015-042-JR, for Top Soiland Sand.
Financial lnformation:
Source ofW Amount Account
1 $18.000.00 01 1 -0840-000342 (Public Works)
2 $7,000.00 425-041 0-000342 ( Public Works)
3 $10,000.00 425-0420-000342 ( Pu blic Works)
4 $13.000.00 01 1-0950-000343 (Parks & Recreation)
OBPI Total $48,000.00
Financial lmpact Summary:
-Offs:
llenartment Director Assistant Citv Manaqer Citv lUlanaqer*M Ec2lL MT JtMJ fr_
ND/@01s\February\PROCUREMENflITB 2015-042-JR Aggregate, Top Soil & Sand - Summary.doc
AGENDA nEn C) cMIAMIBEACHolrre 2-//-/(58
MIAMIBEACH
City of Miomi Beoch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISS MEMORANDUM
To: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT:AWARD A CONTRACT PURSUANT TO
5.042.JR FOR AGGREGATE, TOP SOIL AND
KEY INTENDED OUTCOME
Ensure Expenditure Trends Are Sustainable Over The Long Term
FUNDING
The funding for this project is as follows:
Public Works Department:
011-0840-000342 Amount$ 18,000.00
425-0410-000342 Amount $ 7,000.00
425-0420-000342 Amount$10,000.00
Total Amount for Public Works: $ 35,000.00
Parks and Recreation Department:
011-0950-000343 Amount$ 13,000.00
Total Amount for Parks & Recreation: $ 13,000.00
BACKGROU ND INFORMATION
The purpose of this bid is to establish a contract, for the supply and delivery of aggregate top
soil and sand for the City of Miami Beach on an as needed basis. All material supplied to
the City of Miami Beach under this contract shall meet the requirements of the FDOT
Standard Specifications for Road and Bridge Construction, most recent edition.
The project includes FDOT and Non-FDOT materials utilized bythe PublicWorks and Parks
and Recreation Departments for their daily operations to maintain the streets and parks
throughout the City. Materials under this contract include but are not limited to; ballast rock,
lime rock, screening sand, topdressing material, mix soil, river rock, florida native red
baseball clay, etc.
lTB PROCESS
ITB No. 2015-042-JR, was issued on November 25, 2014, with a bid opening date of
December 15,2014. No addenda were issued. The Procurement Department issued bid
notices to twenty four (24) companies utilizing www.publipurchase.com website. Fourteen
(14) prospective bidders accessed the advertised solicitation. The notices resulted in the
receipt of two (2) responses from ABC Transfer, lnc. and Florida Superior Sand, lnc. and
one (1) no bid from Pro Grounds, lnc. The bid tabulation is attached, Appendix A.
As required in the lTB, Veteran Status was considered during the tabulation of the bids
received. Veteran Status was not applicabte to either one of the bidders.
REQUEST FOR APPROVAL
TNVTTATTON TO BrD (rrB) NO.
SAND.
59
Commission Memorandum
ITB 2015-042-JR Aggregate Top Soil and Sand
January 1,2015:, . 12
ln its due diligence, the Procurement Department verified the following:
1. Previous Experience: Bidders shall submit at least three (3) individual references
for completed work similar in size and nature of work referenced in this solicitation.
ABC Transfer, lnc. and Florida Superior Sand, lnc. submitted three (3) individual
references respectively, which demonstrate their experiences in projects similar
in scope and volume to the work indicated in the lTB.
2. 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.
e ABC Transfer, lnc. has an average 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 5 out of 9.
The lower the score, the lower the risk.
. Florida Superior Sand, lnc. has a good record of performance and has the
financial resources to ensure that they can satisfactorily provide the goods
and/or services required in the lTB. Their latest Supplier Qualifier Report from
Dun & Bradstreet indicates that they have a Supplier Evaluation Risk (SER)
rating of 2 out of 9. The lower the score, the lower the risk.
Accordingly, ABC Transfer, lnc. has been deemed the lowest responsive and responsible
bidder meeting all terms and conditions of the ITB for all materials under Public Works
category listed from 1 through 5 and allemergency materials category listed from 1 through
5. Furthermore, Florida Superior Sand, lnc. has been deemed the lowest responsive and
responsible bidder meeting all terms, conditions, and specifications of the ITB for all
materials under Parks and Recreation category listed from 6 through 17.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB 2015-042-JR, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the awards of a contract to ABC Transfer, lnc. for materials under the Public Works
category items 1 through 5 and emergency materials also 1 through 5, and Florida Superior
Sand, lnc. for all materials Parks and Recreation category 6 through 17, the lowest
responsive, responsible bidders to the ITB; and further authorize the Mayor and City Clerk to
execute the contracts.
RECOMMENDAT!ON
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 2015-042-JR, for Aggregate, Top Soil and Sand.
EC/AD/MT
T:\AGENDA\201S\February\PROCUREMENT\|TB-2015-042-JR Aggregate, Top Soil & Sand - Memo.doc
60
Appendix A
ITB 2015-042-IR . AGGREGATE, TOP SOIL & SAND
Description Qty/Tons
ABC Transfer Fla. Superior
Price Total Price Total
Public Works
L Concrete Screening Sand 2000 s 26.s0 S 53,ooo.oo S S
2 Crushed Lime Rock Base 1500 S zo.gs S 3o,5z5.oo S S
3 Ballast Rock # 4 150 S ze.so S 3,975.00 S S
4 Pea Rock 150 s 26.s0 S 3,975.00 S S
5 ASTM Rock # 57 1000 s 26.s0 s 26,500.00 S S
P.W. Total S ttz,gzs.oo s
Pa ks and Recreation
6 Mix Soil 70130 25 s s S 33.s0 5 837.s0
7 Mix Soil 8Ol2O 25 S S S sz.zs S aoe.zs
8 Seminole Chips 5 s s S S
9 River Rock 5 s s s S
1_0 Mexican Beach Pebbles 5 s s S S
L7 Chattahoochee River Rock 5 s s s S
L2 Sand PGP 25 S as.oo S szs.oo S zs.zo S ogo.oo
13 80% Sand / 20%Peat 75 s s s 38.L0 s 2,857.50
L4 fop Dressing 400 S ss.oo S 14,ooo.oo s 2s.20 S 1o,o8o.oo
15 3/8" Fine chrushed brick 5 s S S S
16 Silica 100 S 3s.oo S 3,5oo.oo s 2s.20 s 2,520.00
L7 Florida Native Red Baseball Clay 725 S ss.oo S 10,625.00 S gz.so $ 4,062.50
P&R Total s 29,ooo.oo 5 2L,79?.zs
Public Works Emergency Materials
1 Concrete Screening Sand s00 s 28.s0 S 14,250.00 S S
2 Crushed Lime Rock Base 1000 5 22.3s s 22,350.00 S s
3 Ballast Rock # 4 50 s 28.s0 S 1,425.00 s s
4 Pea Rock 50 s 28.s0 s 1,425.00 S s
5 ASTM Rock# 57 500 S 28.s0 S 14,250.00 s s
Emergencv Total S 53,7oo.oo s
Grand Total s 200,675.00 $ 2L,793.75
61
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTINE
OPERATIONAL REQUIREMENTS
Item Summary/Recommendation :
Streamline The Delivery Of Services Through All Departments
upporting 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 contract(s) for routine
operational listed herein which are eligible for renewal. The justification for renewing the listed contract(s)
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 Zambelli Fireworks
Manufacturino Co.
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1 See below.See below.
2
3
OBPI Total
Financial Impact Summary: All expenditures are contingent upon approved budgeted funds being
available.
T:\AGENDAV01S\February\PROCUREMENT\Contract Renewal Options On Contracts For Routine
Summary 02-1 1-15.doc
AGENDf,ITEil, C2 DMIAAAIMHACHDATE ,-,1-ls62
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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: February 11,2015
the City
SUBJECT:REQUEST APPROVAL TO ERCISE TERM RENEWAL OPTIONS ON
CONTRACTS FOR R TIONAL REQUIREMENTS
ADMI NISTRATION RECOM M EN 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 contract(s)
for routine operational requirements listed herein which are eligible for renewal as stipulated in
each contract's solicitation. The justification for renewing the listed contract(s) is included with
the contract information.
Contract Number:
RFP_ 68_:!1/12
Title:
i Renewal Period:
Agreement To Provide
Fourth Of Juty Eve_n!
Electric Fireworks And Pyrotechnics For The City Of Miami
Contractor:
Zambelli Fireworks Manufacturing Co.
Brief Scope:
This contract provides for fireworks and pyrotechnics display for the
I n d e p_en_d en ce_ Day_ Cel eblatio_n,
Best lnterest Justification:
Zambelli Fireworks has now handled the City's July 4th fireworks for 5 years and continues to
i
do an excellent job. The team works closely with the US Coast Guard, FWC, DEP, and local
i
authorities for to meet all permitting and safety requirements. The lead technician, Phil Beirne, is :
a local resident of the City of Miami Beach and they continue to produce a high quality show for
i
the City. Additionally, while the prices paid by the City remain as awarded, the CPI-U has 1
increased approximately 2.11% since contract inception. Based on the aforementioned, the
i
Tourism & Cultural Development recommends the renewal of the agreement for one (1) year ,
j ,T,h1ough 0412312016
Beach r
i
City's Fourth of July :
i
63
City of Miami Beach - Commission Memorandum
Contract Renewals for Routine Operational Requirements
I through April 24, 2016.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the extension of
agreement with Zambelli Fireworks Manufacturing Co.
JLM / JMT/ AD / RA
T:\AGENDA\201S\February\PROCUREMENT\Contract Renewal Options On Contracts For Routine Operational Requirements -
Memo 02-1 1-1S.docx
64
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Ciry of iniomi Eeo(h, I700 Conven,ion Cenler Drive, Miorni Beoch, Fiorldo 3313?, www.mionibeoch8lgov
PROCUREMENT DEPARTM:NT Tel: 305673-1,190, Fox: 78&3e{-401 C
Submitted via E-mail to : Masonmever@zambellifi reworks, cpm
Ana Esturitho @zambell ifireworks.com
January 27,2015
Zambelti Fireworks Manufacturing Co.
Mr. Mason Meyer, Regional Manager
1 West Camino Real Boulevard
Boca Raton, Florida 33432
Subject: REHEWAL OF AGREEMENT PURSUANT TO REAUEST FOR PROPOSALS
{RFp} 5S-1li1t FOR ELECTRTC FInEWORKS AND PYROTECHNICS FOR THE
GITYS FOURTH &F JULY CELEBRATION
Dear lvir. Meyer;
Agreement RFP 68-11/12 (the "Agreernent") between the City of Miami Beach (the "Citt'') and
Zarnbelli Fireworks Manufacturing Co" ("Contractor"), pursuani to the above-referenced
solicitaiion, expires on April 23,20i5. Section 3 of the agreement allows for the Agreement to
be extended for an additional one (1) year period through April 23, 2016-
The purpose of this letter is to seek Contractor's concurrence to extend the Agreement, at the
same terms, conditions, and pricing as set forth in the Agreement. lf Contractor agreet to
extend the term of the Agraement for the additional period, please sign in the space provided
below and return ihis document to Yolanda Ciniado-Seiglie at the City's Procurement
Department by January 29,2415.
This letter does not constitute an extensisn to the Agreemenl lf Contractor agrees to
extend the Agreern*nt, the City ManagarlCity Commission will consider the extension
and, if approved, Ccntractsr will be noiified of said extension of Agreement under
separate cover.
Should you have any questiona CIr need additional information, please contacl Yolanda Cintado'
Seiglie at 305-673'7490 or volandacintado seiglie@qriamibeachfl.qov.
I agree to a revised term for lhe above referenced
through April 23, l0-1Q"
I ,':1 !
sisnature: -1 ,;' .,1 it:|"{-l;{. {'/ l'Y:'
conti"act at the same terms and conditions
Printed Name; i
Title:
65
c4
COMMISSION COMMITTEE
ASSIGNMENTS
66
MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
- A DISCUSSION REGARDING THE CONCESSION AGREEMENT
FOR THE MANAGEMENT AND OPERATION OF A FOOD AND
BEVERAGE CONCESSION, CURRENTLY OPERATED BY
BLISSBERRY, LLC, LOCATED IN A PORTION OF THE SOUTH
PO!NTE PARK PAVILLION BUILDING.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance & Citywide Projects Committee for discussion.
BACKGROUND
On September 15, 2010, the Mayor and City Commission adopted Resolution No. 2010-27485,
authorizing the Administration to enter into negotiations with Blissberry, LLC; and further
authorizing the Mayor and City Clerk to execute a Concession Agreement, upon conclusion of
successful negotiations.
The Concession Agreement was for an initial term of two (2) years commencing December 1,
2010 and expiring November 30,2012, with three (3) additional renewal options for one (1) year
each. Tenant has exercised all three (3) renewal options with the final renewal option
scheduled to expire November 30, 2015.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Finance & Citywide Projects Committee for discussion and further direction.
,.r,frr^thh,*r,
T:\AGENDA\20'1 S\February\Blissberry Concession Agreement REFERRAL.docx
Aqenda tltrJm c t/A
Date J''t-/f
Mayor Philip Levine and Mem
Jimmy Morales, City Manager
February 11,2015
of the City
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68
MIAMIBEACH
Jimmy Morales, City
February 11,2015
City of Miomi Beoch, ,l700 Conveniion Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Mem of the City
REFERRAL TO THE FINANC & CITYWIDE PROJECTS COMMITTEE
- A DISCUSSION REGARDING THE CONCESSION AGREEMENT
FOR THE MANAGEMENT AND OPERATION OF GONCESSION
STAND BUILDINGS AND BEACHFRONT CONCESSION AREAS,
CURRENTLY OPERATED BY TIM WILCOX, INC., LOCATED AT 21ST
AND 46TH STREETS.
ADMINISTRATION RECOMMENDATION
Refer the matter to the Finance & Citywide Projects Committee for discussion.
BACKGROUND
On May 12, 2010, the Mayor and City Commission adopted Resolution No. 201 0-27391,
authorizing the Administration to enter into negotiations with Tim Wilcox, lnc.; and further
authorizing the Mayor and City Clerk to execute a Concession Agreement, upon conclusion of
successful negotiations.
The Concession Agreement was for an initial term of two (2) years commencing November 1,
2010 and expiring October 31,2012, with three (3) additional renewal options for one (1) year
each. Tenant has exercised all three (3) renewal options with the final renewal option
scheduled to expire October 31,2015.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the matter to the
Finance & Citywide Projects Committee for discussion and further direction.
JLM/KGB/MAS
Agenda trcm C ?R
oate 2-//^E
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MIAM! BEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMM!SS MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
February 11,2015
REFERRAL TO THE FINANCE
DISCUSSION REGARDING THE CONSTRUCTION OF A PARKING GARAGE
AT THE 27TH STREET AND COLLINS AVENUE PARKING LOT
BACKGROUND
Walker Parking Consultants, lnc. is in the process of conducting a parking study for Middle
Beach. The Collins Avenue corridor between 23'd & 41st street is an area that is undergoing
significant redevelopment. Preliminary results showthat parking occupancy atthe 27th Street
and Collins Avenue Municipal Lot P55 was at 94o/o and higher, with some exceptions during
a weekday noon count and a Saturday count at 10:00 AM, showing occupancy at 90% and
87% respectively. On-street parking in the area was even higher, with evening counts
ranging between 94o/o and 111o/o occupancy, due to vehicles parked in non-metered spaces
and vehicles waiting for parking.
ANALYSIS
Municipal Parking Lot P55 has 120 parking spaces. Given the high parking demand in the
area, this lot would be a great location for construction of a multi-story parking garage with
ground floor retail space. lnterest has been expressed by more than one entity, including a
national pharmaceutical company, to lease such space. lt is recommended that this garage
be built and owned by the City, which will produce revenue from leased retail space and
parking fees. Being a City owned property;joint venture partners are neither necessary nor
recommended.
CONCLUSION
The Administration is requesting referral to the Finance and Citywide Projects Committee for
further/irection on this item.
fr)
JLM/KGd/IfrB/
CITYWIDE PROJECTS GOMMITTEE . A
Agenda ttem Ct/C
Date a?-//-/Y
TO:
FROM:
DATE:
SUBJECT:
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City of Miomi Beoch, 1/00 Convention Cenler Drive Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A REFERRAL TO THE FEB 24, 2015 PLANNING BOARD MEETING:
REVIEW OF WAIVER OF DE ENT REGULATIONS PERTAINING TO A
GENERAL ADVERTISING SIGN FOR A PLAYGROUND AT GRESPI PARK
LOCATED AT 7801 CRESPI BOULEVARD, MIAMI BEACH, FLORIDA.
BACKGROUND
On December 17, 2014, the City Commission adopted Resolution # 2014-28872, authorizing
the acceptance of a sponsorship donation from KaBOOM!, lnc., for the Community Built
Playground project to build a new playground at Crespi Park with the active support and
involvement of the community. To achieve this purpose, the City of Miami Beach has entered
into a Community Partner Playground Contract (Attachment "A") with KaBOOM! lnc. and
JetBlue to secure funds not to exceed $100,000 for the construction of this playground. ln
exchange for this donation, the City will contribute $8,500 towards the purchase of playground
equipment, will process all related permits, will demolish the playground currently onsite, and
will assume responsibility for the maintenance of the playground facility once built. ln addition,
the project will require the active participation of approximately 75 volunteers along with
entertainment to motivate participants on Build Day. To support this effort, the lrie Foundation
will take an active role by providing the required volunteers and the entertainment needed for
Build Day estimated to take place on March 19,2015.
Pursuant to Section 1.(f) entitled , Signageof the Community Partner Playground Contract, "The
City shall allow the names and logos of KaBOOM!, the lrie Foundation, and the Funding
Partner, as well as its name to be displayed on permanent playground signage, which shall be
substantially in the form provided to the Community Partners during the application process and
shall be 12 % inches wide by 30 % inches tall and mounted on poles in a mutually agreed
location." The specifications of the proposed signage are provided as Attachment "B".
Miami Beach City Code Section 138-73 entitled, "General advertising signs", states, "No general
advertising sign shall be constructed, erected, used, operated or maintained in the city." The
Administration is seeking a waiver of development requirements from the Planning Board in
order to fulfill this element of the contract, as the purpose of the sign is not to provide
advertisement but to acknowledge the valuable contribution done by KaBOOM! lnc. JetBlue and
the lrie Foundation to the City of Miami Beach by providing a free playground to a community
that is greatly in need of a playground renovation.
CONCLUSION
mends the item be referred to the Planning Board for consideration.
Agenda ltem- Date
C?D
a4/-/f
The
al to Planning Board Crespi Park Sign Waiver Memo.docx
73
ATTACHMENT A
@OIIRSilTY PAfiIilEM PLAYGRU'ND OO$IIRAGT
January 5, 201 5
KaBOOM!, lnc. (referred to herein as KaBOOMI) is pleased that lrie Foundation ("lrie Foundation") and the City of Miami
Beach (the 'City"), (collectively refened to herein as the "Community Partners") have agreed to collaborate with KaBOOM!
and JetBlue (referred to herein as the "Funding Parlnei') in the construction of a new playground at Crespi Park, located at
7801 Crespi Blvd, Miami Beach, FL 33139 (the "Project"). This Community Parlners Playground Contract (this
"Agreement"), which sets forth the Community Partners' obligations in connection with the Project and certain matters on
which the padies have agreed, will, when executed by the duly authorized representatives of each party, supersede any
prior agreements and represent the complete legally binding agreement between the parties regarding the Project.
1. Oblioations of the Communitv Partners. The Community Partners shall work with KaBOOM! and the Funding Partner
as well as community residents to design, plan and build the Project. By executing this Agreement, the Community
Partners are unconditionally agreeing to each of the following obligations, in each case meeting the requirements
provided by KaBOOM!:
(a) Fundraising. ln support of the Project, the City must contribute $8,500 to KaBOOM!, which will apply the funds
directly to the purchase of playground equipment for the Project. KaBOOM! will invoice the City for such amount
promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days
prior to the Project's Build Day (as defined below).
(b) Proiect Site.
(i) Ownershio. At the time of execution of this Agreement, the City shall provide KaBOOM! with proof of land
ownership evidenced by either a deed granting title to the properly to the City or a letter from the property
owner, which in this case is also the City, showing approval for the Project. The City is the owner of the
playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing
purchased by KaBOOM! and/or the Funding Partner.
(ii) Permits. Prior to Build Day, the City shall obtain all necessary permits and licenses regarding the
installation, possession and use of the playground in compliance with applicable laws and regulations.
(iii) Preoaration. The Community Partners shall ensure that the Project site is safe for volunteers and children.
lrie Foundation shall recruit fifteen (15) adult volunteers to participate in preparation activities two to three
days prior to Build Day. The City shall fulfill and satisfy the Community Parters' obligations pursuant to this
Section (b)(iii) by: (1) preparing the site for the installation of the Project at least two weeks before Build Day,
which includes removing existing playground equipment, footers and safety surfacing, grading the land,
removing fencing and performing soil tests; (2) conducting up to two (2) utility checks as reasonably
requested by KaBOOM! with the appropriate utility companies, with the first test being completed on or
before Design Day (as defined below) and with all utility check documentation provided upon completion to
the KaBOOM! project manager who shall supervise the planning and installation of the playground (the
"Project Manage/'); and (3) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!,
with the first test being completed on or before Deslgn Day and with all soil check documentation provided to
the Project Manager upon completion. The City is responsible for undertaking any necessary risk mitigation
should the soil be deemed unsafe for children and volunteers.
(iv) Saletv and Security. fhe Community Partners shall ensure the security of equipment, tools, supplies and
well being of the adults and children from the beginning of the preparation activities until the conclusion of
Build Day, including any postponement.
(v) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility
of the City. The City shallcollaborate with KaBOOM! during the Project planning process to develop a
maintenance program for the playground and shall maintain the playground and the property before
74
(c)
(d)
(e)
and after the Build Day to ensure a safe and attractive play space. ln furtherance of the foregoing, in
the event any playground equipment included in the Project is no longer permitted for any reason to be
located at its original site of construction or such site is no longer controlled by the City for any reason,
then the City promptly shall notify KaBOOM! following its becoming aware of such situation and shall, al
the City's sole cost and expense, take such steps as may be necessary to promptly and safely relocate
the playground equipment (including any permanent signage and other fixtures) to an alternate site that
serves children or to ensure that the successor controlling person of such site shall continue to make
such playground available to children in the same manner contemplated as of the Build Day and
maintain (or permit the City to maintain) such playground in accordance with the maintenance
program. ln addition, the City shall accept and maintain engineered wood fiber as playground safety
surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the
lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan
for the playground are available, upon request, from the playground equipment and safety surfacing
manufacturers, including Playworld Systems, lnc,
The City will finance, install, and maintain alternative sudacing in the form of rubber tile or pour in place
rubber as playground safety surfacing meeting all safety guidelines as established by the American
Society for Testing and Materials (ASTM F2223 and ASTM-1292) and the Consumer Product Safety
Commission's Handbook for Playground Safety, for the lifetime of the playground. (1) The rubber
surfacing must be installed within two (2) weeks following Build Day. (2) The City will identify the
surfacing vendor who must meet current safety standards in partnership with the KaBOOM! Project
Manager. (3)The Citywillcoordinatedeliveryand installationof thesafetysurfacing. (a) The City ,
with the supporl of KaBOOM!, will provide site preparation and the required sub- surfacing of asphalt or
concrete, for the alternative surfacing as deemed appropriate by the surfacing manufacturer using
technical guidance from the KaBOOM! Prolect Manager. (5) The City will ensure that a representative of
the surfacing vendor is coordinating with the KaBOOM! Project Manager pre-build and is present on the
Bulld Day. This will help assure that the representative's specifications are being met before and during
the pouring of cement if a new slab is needed. ln which case, the representative will approve the
plumbness of the decks and the height to which cement is being poured in the holes to avoid potential
problems after the playgroundis installed. (6) T h e C it y will secure the playground, prohibiting
children from playing on it until the sudacing is in place and is safe to play on.
(Vl) Volunteers/lndependent Contractors, The lrie Foundation shall ensure that all volunteers and independent
contractors who assist, work or perform any activity at the site in connection with this Project, execute a
Release and Hold Harmless Agreement in the form attached hereto and incorporated herein by reference as
Exhibit "A".
Desiqn Day. The lrie Foundation agrees to host a KaBOOM!-facilitated "Design Day" with at least twenty (20)
adult volunteers and twenty (20) children. Such adult volunteers shall remain engaged in the planning activities
throughout the Project's planning process.
Build Day. fhe lrie Foundation shall recruit 100 adult volunteers f rom the community to participate in a one-day
installation event for the Project, which is scheduled to occur on Thursday, March 19, 2015 and which is referred
to herein as the Build Day. On the Build Day, the lrie Foundation shall provide food, water, and music. 0n the
Build Day, the City shall provide tools, dumpsters, and restroom facilities for all volunteers.
Promotion: lntellectual Prooerty. The Community Partners shall seek prior approval from KaBOOM! and/or the
Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks,
logos and other intellectual property (collectively, and together with all goodwill attached or which shall become
attached to any of the them, the "Marks") of KaBOOMI and/or the Funding Partner, including press releases,
fliers and promotional materials. The Community Partners acknowledge and agree that each of KaBOOM! and
the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties
acknowledge that KaBOOM! and the Funding Partner may take all steps to protect their Marks as they deem
appropriate. Any use of the Marks will inure to the sole benefit of KaBOOM! or the Funding Paftner (as
applicable). The Community Partners shall not use the Marks in any manner that would harm the reputation of
2
75
KaBOOMI or the Funding Partner or disparage or negalively reflect upon the Marks. Upon expiration of or
termination of this Agreement for any reason, the Community Partners shall cease all use of the Marks. The
Community Partnersihall collaborate with KaBOOM! and the Funding Parlner to secure media coverage for the
Project.
(f) Siqnaqe. Ihe City shall allow the names and logos of KaBOOM!, the lrie Foundation, and the Funding Padner
as wett as its name to be displayed on permanent playground signage, which shall be substantially in the form
provided to the Community Partners during the application process and shall be 12 l+ inches wide by 30 la
inches tall and mounted on poles in a mutually agreed location.
(g) Playqround Costs, The Community Partners are solely responsible for and shall hold KaBOOM! and the Funding
partner harmlesJfrom any costs, as to each of their respective responsibilities under this Agreement, including
costs incurred by the City ior any prior site preparation, upgrades or improvements or any equipment or materials
purchased to supplement those secured by KaBOOM!.
(h) Warrantv. The playground equipment and the safety-surfacing related to the Project may be covered under
-arranty by the ap[ticabte manufacturers, a copy of which may be obtained, upon request, from such
manufatturers. The Community Partners acknowledge that any warranties and/or guarantees on any equipment
or material are subject to the respective manufacture/s terms thereof , and the Community Partners agree to look
solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding
Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders,
employees, agents or representatives, have made nor are in any manner responsible or liable for any
represlntation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material,
including its quality, mechanical condition or fitness tor a particular purpose.
(i) lnsurance. KaBOOMI acknowledges that the City is self-insured and is responsible for providing coverage for its
o-n employees and against liability for bodily injury, death and property damage that may arise out of or be
based on the use of the playground at the City-owned original site ol construction, from 7 (seven) calendar days
before the Build Day and for a minimum of one year aftenivard. This self-insurance shall be primary over any
other insurance covering KaBOOM! and its funding partners.
The lrie Foundation shall maintain and carry no less than seven (7) days prior to the Build Day and through the first
anniversary of the Build Day, in full force in connection with this Agreement, the tollowing insurance:
(i) General Liability, in the amount of $1,000,000; and
(ii) Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance
policies must be issued by companies rated no less than "B+" as to management and not_less than "Class Vl" as to
strength by the latest editibn of Best's lnsurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent.
The City, KaBOOM!, and the Funding Partner shall be named as an additional insured under the General Liability policy.
The original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or
services commencing) and will be kept on file in the Office of the Risk Manager.
Compliance with the foregoing requirements shall not relieve the lrie Foundation of the liabilities and obligations under this
Section or under any other portion of this Agreement.
(i)lndemnification. To the extent allowable under Florida Law, and subject to the limitation on the City's liability,
as set forlh tn Section 768.28, Florida Statutes, the City shall indemnify and hold harmless KaBOOM|, the
Funding Paftner and their respective affiliates, directors, officers, managers, partners, members, shareholders,
employees, agents and representatives from any and all losses, liabilities, claims, actions, fees and expenses
linituding interest and penalties due and payable with respect thereto and reasonable attorneys' and
accountants' fees and any other reasonable out-of-pocket expenses incuned in investigating, preparing,
defending or settling any action), including any of the foregoing arising under, out of or in connection with any
breach oi tnis lgreement, any actions associated with this Project or resulting from the use of any playground
76
2.
property and equipment, including those for personal injury, death, or property damage, except to the extent
i.rrtting from the willful miscondu-ct of such indemnified person. This provision shall survive any termination or
expirati6n of this Agreement. The City does not waive any limitations on liability as authorized by Florida Statute
768.28. This paragiaph is not intended and does not to convey any rights to third padies.
lrie Foundation hereby agree to indemnify and hold harmless the City, KaBOOM!, and the Funding Partner and
their respective elected ifficials, officers, agents and employees, agents and representatives from and against
any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and
payable with respect thereto and reasonable attorneys' and accountants'fees and any other reasonable out-of-
pork.t .*p.nses incuned in investigating, preparing, defending or settling any action), including any of the
ioregoing arising under, out of or in c6nneition with any breach of this Agreement or any actions associated with
this Froj6ct, inctuOing those for personal injury, death, or property damage, except to the extent resulting f rom the
willful misconduct of such indemnified peisoh. This provision shall survive any termination or expiration of this
Agreement, but shall not apply to events which occur after completion of the Project.
Obliqations of KaBOOMI.
(a) playground Build. KaBOOMI shall provide technical and organizational leadership and guidance for the Project
and shall:
(i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings,
and work with veniors to procure'equipment and materials in a timely manner, except to the extent that
satety surfacing other than engineeied wood fiber is used, which shall be procured by the Community
Partners.
(ii) Manage construction logistics for the Project, coordinate playground site preparation activities with the
Comriunity pafiner, inve:ntory equipment and materials, and assure that the necessary tools and materials
are available on the Build DaY.
(iii) Lead the Build Day activities, including the coordination ol Build Day captains and volunteers.
(iv) provide educational and promotional materials to supporl the Project, including the KaBOOM! Tool Kit (a 4-
book set), KaBOOM! online Playground Planner, nametags and other general supplies.
(b) lnspection. KaBOOMI, in collaboration with the Community Partners, will secure a Certified Playground Safety
ffiecto, to review the playground structure at the conclusion of the Build Day (or, if KaBooMl assumes
responsibility for the ptaygrounO construction going beyond one day, at the conclusion of .the installation) to
ensure that the structurelJ safe and built to all ippropriate standards and guidelines, unless the Build Day is not
completed on the Build Day due to failure of the community Partners, in which case the City shall secure the
Certified Playground Safety lnspector.
(c) promotion. KaBoOMl will provide proposed promotional materials relating to the Project for the Community
partners' review and approval, which approval shall not be unreasonably withheld or delayed.
(d) Website Listinq. KaBOoMl will place the playground on its list of KaBOOM! builds on the KaBOoMl website and
KaBOOMI will send information to the comhunity Partners on playground maintenance programming and
enhancements.
Build Day postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize
@rsorthreatenihestructuralintegrityoftheplayground,Thed-ecisiontopostponetheBuild
Day will be made by majority agreement of the representatives of KaBOOMI, the Community Partners and the
runoing partner, except' wnere- such decision must be made by KaBOOM! on the construction site and
,.pr.rJnt.tir.s oithe Community partner and the Funding Partner are not available for consultation. ln the event that
tnb guito Day is postponed, KaBoOM!, the Community Fafiners and the Funding Partner shall develop a plan for
reschedulingihe build Day at the next earliest date posiible for each party. The Funding Partner shall be responsible
for all addir:ronal expensei related to the rescheduled Build Day, including, without limitation, equipment, labor and
materials, storage and travel costs and expenses; provided, however,that the Funding Partner shall be notified of the
estimated amount of such additional expenses in connection with rescheduling ol the Build Day- ln the event that the
Build Day is cancelled or changed, solely and directly related to the City or lrie Foundation's failure to satisfy its
4
77
l+.
respective obligations in connection with the Project, then the City or lrie Foundation, as applicable, shall be liable for
all such additional expenses related to the rescheduled Build Day, subject to verification of said additional expenses
and for a sum not to exceed $15,000.00.
Fundinq Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the
Funding Partner has agreed to provide financial and human resources for the Project. ln recognition of the Funding
Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition
materials developed for the Project, including playground signage, banners, T-shirts, press releases, website and
newsletter stories, and flyers, and the Community Partners shall not solicit sponsors or donors in relation to the
Project whose products or services directly compete with the products or services of the Funding Partner as identified
to the Community Partners by KaBOOM! and/or the Funding Partner. ln the event the Community Padner solicits
other sponsors or donors, then the Community Partners shall not permit such sponsors or donors to compete with the
Funding Partner for signage and sponsorship recognition.
Termination. ln the event thatthe City fails to make the payments required under Section 1(a) orthe Community
Partners otherwise breach this Agreement, KaBOOM! may terminate this Agreement upon written notice to the
Community Pafiners of such termination. Fur,thermore, if either party is delayed or prevented from fulfilling any of its
obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or
military authorities, fire, strike, flood, riot, act of tenorism, war, transportation delay, or inability due to such causes to
obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either
party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than
ten (10) calendar days due to such force majeure event, in which case KaBOOM! shall refund to the City any amounts
paid to KaBOOM|, less expenses already committed and/or incurred prior to the date of such termination. lf, upon
termination as provided herein, the sum due KaBOOM! the by Community Partners exceeds the sum paid to
KaBOOM| hereunder, the Community Partners shall pay KaBOOM! for any such additional sum due upon
presentation of appropriate documentation within thirty (30) days of invoice. Except as set forth above, upon any
termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other
pady, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to
such termination.
General Provisions. The Community Partners represent to KaBOOM! that all information provided by it to KaBOOM!,
including in the Playground Profile Application, is true, conect and complete in all respects and does not omit any
information relevant to the Project. Each party has all requisite power and authority, including any necessary approval
by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This
Agreement may not be assigned or transferred by either party without the prior written consent of the other party
hereto, This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective
successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement
shall be governed by and construed under the laws of the State of Florida, without regard to conflicts of laws principles
to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may
be altered, modified or amended only by a written document signed by both parties. This Agreement may be
executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall
constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force
and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given
hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed
to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address
set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of
Sections 1(b), (e), (f), (g), (h), (i) and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its
rights under such sections as if it were a party to this Agreement.
78
By executing this Community Parlners Playground Contract where indicated below, each of KaBOOMl and the Community
Partners agree, as of the date identified above, to be legally bound by all of the terms and provisions set fodh above.
City of KaBOOM!,lnc.
By:
Name:
Title:
Address:
Address:
City of
'410 Sunset Harbeur 9rive; Euile "12
Miami Beach, FL 33139
Phone:
Fax:
Email:
lrie Foundation
Name: Shobie Callaghan
Title: Managing Director
Address:
1410 Sunset Harbour Drive, Suite 210
Miami Beach, FL 33139
Phone:305-986-2325
Fax:954-829-7602
Email: shobie@djirie.com
Contact information for the person who should receive KaBOOM! invoices:
Name: Tatiana Escobar Telephone number:
Fax number:
Mailing Address: Email: fatianaEscobar@miamibeachfl.gov
City of Miami Beach
1410 Sunset Harbour Drive, Suite 212
Miami Beach, FL 33139
Beach l*@ a.*s,Lar GnhrD. il'i:J^ffiiJ,','$Al?J*
suite ML-1
,n, ,[ l,nUr,,Qb{-
I: (202) 464- 61 80
F: (202) 659-021 0
e-mail : omeoas@kaboom.oro
ATTESN
APPROVED AS TO
FORM & LANGUAGE
"n'\?e
79
EXHIBIT "A''
KaBOOMI 2015 Waiver
80
KaBOOM! PLAYGROUND PROJECT - VOLUNTEER WAIVER AND RELEASE
This form must be signed by or on behalf of each volunteer who will participate in or othenryise be involved with the construction of the
Playground Build (the "Playground Build" or the "Project"), resulting from the collaboration of JetBlue, the City of Miami Beach and the lrie
Foundation orwill be on the construction site of the Playground Build, occurring on Thursday, March 19, 20'15 at 7801 Crespi Boulevard in
Miami Beach,FL33139. lfyouareunabletoreadthisprint,pleasespeakwiththepersonhandlingvolunteerregistrationforassistance.
The KaBOOM! project and activities will include the playground construction, side projects and play enhancement projects on and in the periphery of the
playground construction site including, without limitation, building interiors at or nearthe site. The "playground construction site" is the physical space
where the playground is being installed; the playground construction projects are any activities directly related to the installation and placement ofthe
playgroundequipment,themixingofconcrete,and/ormovingsafetysurfacingontotheplaygroundsite. VolunteersunderagelS(orunderlginALandNE)
may not work on the 'playground construction site', as deflned above, Vo{unteers under 18 but who meet this slate's minimum age for employment may work on the side
projects, such as beautification and play enhancement projects, and other non-playground construction site projects and may help with preparation for the build day only if
they have received and delivered KaBOOM! written approval from a parent or legal guardian for participation. Any children under state's minimum age for employment
will not be supervised by KaBOOM! in any way or be allowed to participate in playground or non-playground conskuction projects managed by KaBOOtull; however
KaBOOtul! will work with the City of Miami Beach and the lrie Foundation to procure supplies for use by these children and to help them plan projects that are
occurring on a site that is distinctly separated from the playground construction site. No children under this state's legal working age should be on the playground
construction site.
I understand that I will be spending the day(s) as a volunteer for the Project and will suits, losses, damages, costs, expenses, and fees, including, without limitation, court
be participating at my own risk, I acknowledge that my participation is voluntary and costs and attorneys'fees, of any and every nature of character, including, without
does not constitute a condition or requirement of employment. I further acknowledge limitation, for death, personal in.jury and/or loss of property, whether anticipated or
that the Project will occur at a construction site and that the conskuction site will be a unanticipated, directly or indirectly, whether caused, in whole or in part, by the sole
potentially dangerous place. I attest that I am physically fit and prepared for this or concurrent negligence or wrongdoings, strict liability or fault of the Released
event and these activities.Parties or olherwise, arising out of or connected in any way with my pailcipation in
I will not create an unsafe situation for other individuals or myself nor will I use any the Project or any side projects in connection with the Prqect.
tool or engage in any task with which I am not completely comfortable. I will abide I acknowledge that I have read the foregoing paragraph and know and understand
byall applicablefederal,stateandlocal laws,aswell astherulesanddirectionsof thefull contentsandeffectsof it. IFBUILDISINCALIFORNIAADD: lunderstand
the sponsors and coordinators, lf I see any siluation that I feel is unsafe, I will the full nature, extent, and import of Section 1542 of the QeIQ1q|g.,1Qjy!l..1Qg1lC, and of
immediately call it to the attention of KaB00M! or a safety coordinator. lf I bring any the entire release stated in the foregoing paragraph. Accordingly, I waive and
children 0r young adults with me to participate in the Project, I will be solely relinquish, any and all rights or benefits that I may have under the provisions of
responsible for providing for their safety and will keep them under close supervision Section 1542 of the California Civil Code, which reads as follows: 'A general release
at all times, FOR EACH PARTICIPANT UNDER 18 (19 in AL and NE), THE does not extend to claims which the creditor does not know or suspect to exist in its
PARENT 0R GUARDIAN MUST FILL OUT A SEPAMTE WAIVER. I understand favor al the time of executing the release, which if known by him must have
that a volunteer may be at the Project to provide medical treatment in the event of an materially affected his settlement with the debtor.'
injury, and if necessary to assist in arranging transportation to medical facilities, bul I hereby grant KaBOOM!, JetBlue and City of Miami Beach, lrie Foundation full and
acknowledge that neither KaB0OM! nor any other of the Released Parties (as complete permission to use my name and likeness, including any photographs,
defined below) are in any way responsible for providing such medical volunteer or videography and interview footage and quotations from me obtained in connectionkeatment. with the Project (whether or not at the Project Build or othenrvise) in legitimate
On behalf of myself, as well as my heirs, executors, administrators and assigns, I promotions of the Project and to further the mission and vision of KaB0OM!. in any
hereby forever release, discharge, waive and agree to indemnify and hold harmless and all media now known or hereinafter developed without restriction or
KaBOOM!, JetBlue, City of Miami Beach, lrie Foundation, Playworld Systems lnc., compensation.
and any additional sponsors ofthe Project, along with their respective ofiicers, I understand that I have given up substantial rights by signing this Waiver and
directors, agents, employees, conkactors, successors and assigns, and any have signed it freely and voluntarilywithout any inducement, assurance or
volunteers to whom I give my consent to provide medical treatment to me or to any guarantee being made to me and I INTEND MY SIGNATURE T0 BE A
children or young adults under my supervision ('Released Parties'), from and C0MPLETE AND UNCONDITIONAL RELEASE of all liability of Released Parties
and all claims,causes liabilities,to the extent allowed bv law.
Adult Volunteer (Aoe '18+Volunteer UnderAoe 18 (Or under 19 in AL and
I am here to volunteer Please fill out a SEPARI IE waiver for your child-use fhls secfion ONLY
_ City of Miami Beach (l am a: _staff member / _non-staff member)
_ lrie Foundation
- Local Community
_ JetBlue
Signature of Parent or Legal Guardian of Participant
Signature of Participanl
Printed Name of Participant Printed Name of Parent or Legal Guardian
Do you affirm that your child or dependent meets this state's minimum age
requirements for employment?
Yes, my child may volunteer - No, my child cannot volunteer
- I would not like to receive information about KaBOOM! in the future.
Printed Name of Child Paficipant
81
RTTRCHMENT B
Wetcome Sign Samples
A sign welcoming visitors to the playground will be installed near your playground. The
Welcome Sign is two-sided and measures 30.25 inches by 12.25 inches. The language on the
sign be updated to include the appropriate age range of the playground as decided by your
team as well as to include your logo and your funding partner's logo.
Have Fun!
Play Safcly!
Watch Out for
Each Other!
Laugh A Lot!
n
r
rii.o
thirCffis
dad{n dktu
rsei.6M
M o'
1l
i
-t
"]i "
An example of the location and look of
the Welcome Sign from our recent
Community Partners in Tampa
IBB6StdeLr.p
fler0lhqn
htu*e dffi
rdlf66lhdr..l.
(C6.ne.rwl, grcOll.
sddramffilt
Page 9
82
MIAMIBEACH
C:iy of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
MISSION MEMORANDUM
DATE: February 11,2015
SUBJECT: REFERRAL TO THE PLANNING RD-
PROPOSED AMENDMENTS
MODIFYING THE ADJUSTED
FAMILY DISTRIGTS
CHAPTER 142 OF THE CIry CODE
GRADE OF REQUIRED YARDS !N SINGLE
ADMINISTRATION RECOMM ENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On September 17,2014, at the request of Commissioner Malakoff, the City Commission referred a
discussion to the Land Use Committee regarding proposed amendments to the maximum elevation
of required yards in reference to increased seawall height requirements (ltem C4B). On November
5,2014, the Land Use Committee discussed proposed amendments and continued the discussion
to the December 10,2014 meeting. On December 10, 2014 the Land Use Committee discussed
the proposed amendments and, due to a separate discussion regarding the possible modification
of recently adopted regulations regarding seawall heights, continued the discussion to a date
certain of January 21,2015.
On January 21, 2015, the Land Use Committee recommended that the proposed Ordinance be
transmitted to the Planning Board for consideration.
ANALYSIS
Currently, within single family districts, the maximum elevation of a required yard is limited to no
higher than 'adjusted grade', which is the midpoint between the minimum required flood elevation
and 'grade'. Grade is the sidewalk elevation at the center of the property. For example, if grade is
4' NGVD, and the minimum flood elevation is 8' NGVD, then adjusted grade is 6' NGVD. ln this
instance the maximum elevation of a required yard could not exceed 6' NGVD.
The limitation on the elevation of a required yard helps to ensure that a new house is not
constructed on a 'pedestal' that is much higher than the grade of an adjacent property. The
proposed amendments will address these concerns by allowing portions of required rear yards for
waterfront properties to be elevated to the minimum required flood elevation, while retaining
limitations on the maximum elevation of required side and front yards, where transitions to
neighboring property elevations is critical.
Agenda nem C ?E
Date g-//-/S
TO:
FROM:
Mayor Philip Levine and
Jimmy L. Morales, City Manager
of the City
83
Commission Memorandum
Referral to Planning Board - SF Elevated Yards
February 11, 2015 Page 2 of 4
A single family home constructed today will have a life expectancy of over 50 years, and in every
case the elevation of the yards is tied closely to and designed as an integral component of
accessory structures including pools and decks. Additionally, as new homes are required to be
constructed substantially higher than grade, due to increasing minimum flood elevation
requirements, the transition to accessory pools, decks, and cabanas becomes complicated. lf for
example all of these structures are designed based upon a lower seawall height and in a few years
the City requires a retrofit of existing seawalls that are now designed to accommodate a future
higher elevation, this would also require raising all of such accessory structures to at or above the
future seawall height. Allowing the higher yards now will reasonably 'future-proof these areas to
accommodate higher seawall heights in the coming years. Because the proposed amendments
also have transition area requirements for yard elevations adjacent to existing properties with a
lower elevation, such higher elevations will not be as overwhelming to neighboring properties as
they otherwise could be.
The proposed amendments also envision a changing, more elevated City over time, with
contextually appropriate requirements based also upon the average grade elevation of abutting
properties. For example, under the proposed Ordinance, a proposed new home constructed next
to a more recent home (which constructed the required yards up to the adjusted grade elevation,
as now permitted), would be allowed to build up the required side yards and rear yard to 30 inches
above adjusted grade.
The alternative, of allowing the entire rear or side yards to be raised to the flood elevation, would
result in overbearing retaining walls when viewed from existing properties with older homes. For
example, there are portions of the City where the sidewalk elevation is located at 3' NGVD and the
minimum flood elevation is located at 10'NGVD. ln this instance, just raising the yard to flood
elevation would result in a 7 foot tall retaining wall along the property line, with a minimum 42 inch
safety fence or wall on top of that, or approximately 10.5 feet high as viewed from an abutting
property with older home where the site was not yet elevated.
The proposed amendments would also allow abutting property owners, through the submission of
concurrent Building Permits, to agree on a higher elevation than would otherwise be allowed (up to
the minimum required flood elevation). ln this instance the height of any walls or fence along the
jointly elevated grade would be measured from the new grade elevation, as such height is relative
to the adjacent grade and would not negatively impact either neighbor.
Previously, concerns have been expressed with a disproportionate amount of non-pool hardscape
being located in a rear yard, especially when located at an increased elevation. Also, concerns
have been raised with respect to the impact that larger pools and decks are having on the ability to
adequately retain water on site. ln order to address this, the proposed amendment requires that
when located above adjusted grade, the water portion of a swimming pool may count towards 50%
of the landscaped pervious open space requirement, provided that adequate infrastructure is
incorporated into the design of the pool to fully accommodate on-site storm water retention.
SUMMARY
Below is a summary of the proposed changes within the attached Ordinance:
r Definitions have been added for adjusted grade and average grade:
o Grade, adusted means the midpoint elevation between grade and the minimum required
flood elevation for a lot or lots.
84
Commission Memorandum
Refenal to Planning Board - SF Elevated Yards
February 11,2015 Page 3 of 4
o Grade, average means the average grade elevation calculated by averaging spot
elevations of the topography taken at 10 foot intervals along the property lines.
Varying maximum elevations, based upon the elevation of the abutting properties, are
proposed as follows:
1. Front Yard. The maximum elevation within a required front yard shall not exceed
adjusted grade, or 30 inches above grade, whichever is greater.
2. lnterior Srde Yards (between the front setback line and rear property line). The maximum
elevation for each required side yard shall be calculated according to the following:a. When the average grade of adjacent lot is lower than adjusted grade, the
maximum elevation shall not exceed adjusted grade, or 30 inches above grade,
whichever is greater.
b. When the average grade of adjacent lot along the abutting side yard is equal
or greater than adjusted grade, the maximum elevation within the required side yard
shall not exceed 30 inches above adjusted grade.c. When abutting a vacant property, the maximum elevation within the required
side yard shall not exceed 30 inches above adjusted grade.d. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both interior side yards of the abutting properties may
be elevated to the same higher elevation through the submission of concurrent
building permits, not to exceed the minimum required flood elevation. ln this
instance the maximum height of any fences or walls along the adjoining property
lines, constructed in accordance with Section 142-1132 (h), Allowable
encroachments within required yards, shall be measured from the new average
grade of the required side yards.
3. Side Yard Facing a Sfreef. The maximum elevation within a required side yard facing a
street shall not exceed adjusted grade or 30 inches above grade, whichever is greater.
4. Rear Yard. The maximum elevation for a required rear yard, (not including portions
located within a required sideyard or sideyard facing the street), shall be calculated
according to the following:
a. Waterfront. The maximum elevation shall not exceed the minimum required flood
elevation.
b. Non-waterfront. The maximum elevation shall be calculated according to the
following:i. When the average grade of adjacent lot along the abutting rear yard is lower
than adjusted grade, the maximum elevation shall not exceed adjusted grade, or 30
inches above grade, whichever is greater.ii. When the average grade of adjacent lot along the abutting rear yard is equal
or greater than adjusted grade, the maximum elevation within the required rear yard
shall not exceed 30 inches above adjusted grade.iii. When abutting a vacant property, the maximum elevation within the required
rear yard shall not exceed 30 inches above adjusted grade.iv. Notwithstanding the above, when abutting property owners have jointly
agreed to a higher elevation, both rear yards of the abutting properties may be
elevated to the same higher elevation through the submission of concurrent building
85
Commission Memorandum
Referral to Planning Board - SF Elevated Yards
February 11,2015 Page 4 o'f 4
permits, not to exceed the minimum required flood elevation. ln this instance the
maximum height of any fences or walls along the adjoining property lines,
constructed in accordance with Section 142-1132 (h), Allowable encroachments
within required yards, shall be measured from the new average grade of the
required rear yards.
5. ln all instances where the existing elevation of a site is modified, a site shall be
designed with adequate infrastructure to retain all storm water on site in accordance with all
applicable state and local regulations.
ln no instance shall the maximum elevation of a required yard exceed the minimum flood
elevation.
. Thirty inches above grade was included as a grade change of 30 inches or less would not
require a guardrail or railing. Limiting the higher elevations to the portion of the rear yard that is
internal to the site (not including the areas within the required side setbacks), allows for a more
appropriate transition area to existing neighboring properties, which are often only slightly
elevated above the sidewalk elevation.
. The current regulations allowing pool water to count toward the minimum 7Oo/o of a required
rear yard being sodded or landscaped pervious open space are proposed to be modified.
UPDATE
On January 21,2015, the Land Use and Development Committee recommended that the proposed
Ordinance be referred to the Planning Board. ln addition to the foregoing, the draft Ordinance
attached also includes the following modifications recommended by the Land Use Committee:
1. The location of 'abutting' side and rear yards has been clarified;
2. The pervious are requirements and water portions of swimming pools have been updated to
expressly contain on-site water retention requirements.
3. The minimum on-site water retention requirements for elevated yards have been further
clarified.
CONCLUSION
ln accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
Ordinance Amendment to the Planning Board.
T:\AGENDA\201S\February\Referral to PB - SFR Max Grade - MEM.docx
86
SINGLE FAMILY DEVELOPMENT REGULATIONS - ADJUSTED GRADE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER
114, "GENERAL PROVISIONS," SECTION 114.1, ,.DEFINITIONS," BY INCLUDING
DEFINITIONS FOR ADJUSTED GRADE AND AVERAGE GRADE; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 2, "RS.l,
RS-2, RS.3, RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS,'' BY AMENDING
AND CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD, AND
BY AMENDING AND CLARIFYING WHEN THE WATER PORTION OF A POOL IS
COUNTED TOWARDS THE OPEN SPACE PERVIOUS REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City; and
WHEREAS, the City has previously implemented increased height requirements
for sea walls in order to more fully protect the City from flooding; and
WHEREAS, it is appropriate to amend the maximum elevation requirements
within required yards of single family districts to eliminate or mitigate any conflict with
corresponding legislation enacted to address sea level rise and flood mitigation; and
WHEREAS, the regulation of grade elevations in single family districts is
necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the
public health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 114-l, "Definitions", is hereby amended as follows:
Grade. adusfed means the midpoint elevation between qrade and the minimum
required flood elevation for a lot or lots.
Grade. averaqe exisf,no means the averaoe orade elevation calculated bv
averaqinq spot elevations of the existino topooraphv taken at 10 foot intervals
alono the propertv lines.
87
SEGTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows:
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(8) Exterior building and lot standards. The following shall apply to all buildings and
properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
a. Exterior bars on entryways, doors and windows shall be prohibited on front and
side elevations, which face a street or right-of-way.
b. ndjus+ed€red+ ln ne instanee shall the elevatien ef any required yard be higher
The maximum elevation of a required vard
shall be in accordance with the followinq. however in no instance shall the
elevation of a required vard, exceed the minimum flood elevation:
1. Fronf Yard. The maximum elevation within a required front vard shall not
exceed adiusted orade. or 30 inches above orade. whichever is qreater.
2. /nfenbr Srde Yards (located between the front setback line and rear propertv
line). The maximum elevation for each required side vard shall be calculated
accordinq to the followinq:
a. When the averaoe qrade of adiacent lot is lower than adiusted qrade, the
maximum elevation shall not exceed adiusted orade, or 30 inches above
orade. whichever is oreater.
b. When the averaoe orade of adiacent lot alono the abuttinq side vard is
equal or qreater than adiusted qrade. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted qrade.
c. When abuttino a vacant propertv. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted orade.
d. Notwithstandino the above. when abuttino propertv owners have iointlv
aoreed to a hioher elevation. both interior side vards of the abuttino
properties mav be elevated to the same hiqher elevation throuoh the
submission of concurrent buildino permits. not to exceed the minimum
required flood elevation. ln this instance the maximum heioht of anv
fences or walls alono the adioininq propertv lines. constructed in
accordance with Seclion 142-1132 (h\. Allowable encroachments within
requ,red vards. shall be measured from the new averaqe qrade of the
required side vards.
3. Srde Yard Facrno a Sfreef. The maximum elevation within a required side vard
facino a street shall not exceed adiusted orade or 30 inches above orade,
whichever is qreater.
4. Rear Yard. The maximum elevation for a required rear vard. (not includinq
portions located within a required sidevard or sidevard facinq the street). shall
be calculated accordino to the followino:
88
a. Waterfront. The maximum elevation shall not exceed the minimum reouired
flood elevation.
b. Non-waferfronf. The maximum elevation shall be calculated accordino to
the followinq.
i. When the averaqe qrade of adiacent lot alonq the abuttinq rear vard is
adiusted qrade, or 30 inches above qrade. whichever is oreater.
ii. When the averase qrade of adiacent lot alons the abuttino rear vard is
equal or oreater than adiusted orade, the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted orade.
iii. When abuttino a vacant propertv. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted orade.
iv. Notwithstandino the above. when abuttino propertv owners have iointlv
aqreed to a hiqher elevation. both rear vards of the abuttino properties
mav be elevated to the same hioher elevation throuqh the submission of
concurrent buildino permits, not to exceed the minimum required flood
elevation. ln this instance the maximum heiqht of anv fences or walls
alono the adioinino propertv lines. constructed in accordance with Section
142-1132 (h\. Allowable encroachments within required vards. shall be
measured from the new averaqe orade of the required rear vards.
5. ln all instances where the existino elevation of a site is modified, a site shall be
desioned with adequate infrastructure to retain all storm water on site in
accordance with all criteria and methodoloov in the Citv of Miami Beach Public
Works Manual.
SECTION 3. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended as follows:
The setback requirements. for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family residential districts are as follows:
(3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum,
50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped
pervious open space; the water portion of a swimming pool may count toward this requirement,
provided adequate infrastructure is incorporated into the desiqn of the pool to fullv
accommodate on-site storm water retention. in accordance with all criteria and methodoloov in
the Citv of Miami Beach Public Works Manual.
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 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.
89
SEGTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SEGTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: April 15, 2015
Second Reading: May 6, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rit<e+nreugh = deleted language
T:\AGENDA\201S\February\Referral to PB - SFR Max Grade - ORD LUDC Jan 201S.docx
4
90
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REFERRAL TO THE PLANNING
MODIFYING THE MAXIMUM HEIGHT RESTRICTIONS !N THE GD.3 ZONING
DISTRICT FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRIGT
ADMI NISTRATION REGOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On January 14, 2015, at the request of Commissioner Wolfson, the City Commission referred a
discussion to the Land Use Committee regarding general height restrictions in the CD-3 districts.
On January 21, 2015, the Land Use Committee discussed the item and recommended that an
Ordinance be transmitted to the Planning Board for consideration.
ANALYSIS
Currently, the maximum height limit for properties located in the Architectural District, and zoned
CD-3 (Commercial, High lntensity) is 5 stories / 50 feet. Attached is a copy of Section 142-337 of
the Code, pertaining to the development and height regulations in the CD-3 district.
Within a more particular area of the City, bounded by 17th Street and Lincoln Road, between
Collins Avenue and James Avenue (see attached map), a proposal has been put forward by a
property owner to consider increasing the maximum height within this defined overlay to 7 stories /
75 feet. This proposal is to accommodate the proposed new construction of a parking structure,
with accessory retail and restaurant space, on a lot located on the east side of James Avenue, and
currently functioning as a surface parking lot.
SUMMARY
On January 21, 2015, the Land Use and Development Committee, after much discussion,
recommended an Ordinance amendment to allow for a modest increase in height for properties
zoned CD-3 and located in the Architectural District be referred to the Planning Board. However,
some concern was expressed by the Committee as it pertains to the intensification of the site
owned by the proposer, as well as the potential for increased height on other properties within the
overlay.
City
Agenda ltem -4%,Date &-//-/f91
Commission Memorandum
Referral to Planning Board - CD3 Height Limits
February 11,2015 Page 2 of 2
While supportive of studying this amendment further at the Planning Board level, the
Administration recognizes the concerns expressed regarding increased height within an area
consisting of lower buildings. lt should be noted, though, that immediately outside this proposed
overlay, the current, and maximum building heights permitted, do vary. Specifically, to the
immediate north along 17th Street, new buildings are permitted to be 8 stories / 80 feet.
The proposer of the Ordinance change seeks to develop a parking structure, with accessory retail
and restaurant uses. As the floor area proposed could be accommodated within 5 stories, if a
portion of the existing building on the east side of the property is demolished, the proposal seeks to
redistribute allowable development rights. ln this regard, the existing surface parking lot proposed
for development is one of the few lots that can accommodate a multi-story parking structure within
the immediate area. Such a significant increase in parking could benefit the multitude of hotels in
the immediate area that have little to no parking on site.
ln this regard, another option might be to limit the proposed height increase to structures built and
operated primarily as parking facilities. The following language could also be considered, if referred
to the Planning Board:
For lots fronting on James Avenue, bounded by 1lh Sfreef to the North and Lincoln Road to
the South, the Historic Preseruation Board may allow new construction, from the ground up,
to have a maximum height of 7 stories / 75 feet, provided the proposed building contains at
least five floors of parking.
CONCLUSION
ln accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer an
Ordinance Amendment to the Planning Board.
.f,l
JLI\4A'MJ/TRM
T:\AGENDA\201S\February\Referral to PB - CD3 Arch District Heights - MEM.docx
92
Sec. 142-337. - Development regulations and area requirements.
(a) The development regulations in the CD-3 commercial, high intensity district are as follows:
(1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than 45,000 sq. ft.-
2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0.
(2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of
2.O.
(3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and between
16th Street and 17th Street shall have a maximum FAR of 2.75.
(4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14,
1998), are oceanfront lots with a lot area greater than 100,000 sq. ft. with an existing building, shall
have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing
hotel amenities as follows: the lesser of 0.15 FAR or 20,000 sq. ft.
(b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the
architectural district shall be 2.50.
(c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high
intensity district are as follows:
Minimum
Lot Area
[Square Feet)
Minimum
-ot Width
Feet)
Minimum
Jnit Size
Square Feet)
Average
Jnit Size
iSquare Feet)
Maximum
)uilding
{eight
Feet)
Vlaximum
!umber
rf Stories
Sommercial-
None
Residential-
7,000
Commercial-
None
Residential-
50
3ommercial-N/A
New construction-
t50
Rehabilitated
cuildings-400
Non-elderly and
rlderly low and
moderate income
rousing: See
;ection 142-1183
lotel unit:
15%: 300-335
85%:335+
:or contributing
rotel structures,
3ommercial-
\/A
\ew
:onstruction-
300
lehabilitated
ruildings-550
\on-elderly
rnd elderly low
rnd moderate
ncome
rousing: See
;ection 142-
t183
lotel units-
75
Oceanfront lots-
200
Oceanfront lots
within the
architecturaldist.,
new construction-
120; ground floor
additions to
existing structures
on oceanfront
lots-50
80
Lots fronting on
17th Street
7
0ceanfront lots-
22
Oceanfront lots
within the
architecturaldist.,
new
construction-13;
3round floor
additions to
-.xisting structures
ln oceanfront
ots-5
7
Lots fronting on
93
cated within a
cal historic
strict or a
Secretary of the
nterior Standards
nd Guidelines for
Rehabilitation
tructures as
mended, retaining
ation shall
a minimum of
square feet.
ures may be
inimum unit size
maintained.
on-oceanfront
within the
itecturaldist.
y Center Area
bounded by Drexel
., 16th st.,
llins Ave., the
property line
f lots fronting on
south side of
incoln Rd.,
ashington Rd.,
nd Lincoln Rd.);
the height
lots fronting on
ncoln Rd. and
15th St. between
ashington are
imited to 50'for
first 50' of lot
and except
height for lots
ing on Drexel
are limited
50' for the first
5' of lot depth
except as provided
n section 142-11,6L
7th Street
on-oceanfront
ts within the
tectural dist.
ity Center Area
Ave., 16th
, Collins Ave.,
rty line of
fronting on
south side of
ington Ave.,
nd Lincoln Rd.),
ect to the
pplicable height
except as
rovided in
tion \42-1,1.61
94
95
THIS PAGE INTENTIONALLY LEFT BLANK
96
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o[ the City
FRoM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REFERRAL TO THE PLANNING BOARD -
PERTAINING TO REVISIONS TO LOT SPLIT AND FORM OF OWNERSHIP
ADM! NISTRATION REGOMM ENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUNDd;Iffif, 2013, at the request of Commissioner Tobin, the City Commission referred a
discussion item to the Land Use and Development Committee, pertaining to the section of the City
Code governing Unities of Title and Covenants in Lieu of Unity of Title. On April g, 2014, the Land
Use and Development Committee recommended that an Ordinance be referred to the Planning
Board to amend the requirements and standards for a 'Covenant-ln-Lieu' by providing a definition
for a "Unified Development Site." On September 10, 2014, the City Commission referred the
subject Ordinance to the Planning Board.
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed Ordinance
to the City Commission with a favorable recommendation. On October 22, 2014, the City
Commission, at First Reading, referred the Ordinance back to the Land Use Committee for further
discussion and input.
On January 21, 2015, the Land Use Committee discussed the subject Ordinance, as well as a
companion Ordinance related to Lots Splits and Form of Ownership. The Land Use Committee
recommended that the proposed Ordinances be transmitted to the Planning Board for
consideration.
ANALYS!S
During the review of the modifications proposed for Section 118-5 under separate Ordinance,
pertaining to Covenants in Lieu and Unified Development Sites, staff noticed that an inconsistency
with the requirements of Section 118-321, pertaining to a "Division of Land and Lot Splits" existed,
as it pertains to covenants in lieu of unity of title. ln order to address this, a companion Ordinance,
with proposed modifications to Section 118-321, is attached. Specifically, text has been added
Agenda nem C/G
Date A-lkld97
Commission Memorandum
Referral to Planning Board - lof Sp/lfs & Form of Qwnership
February 11,2015 Page 2 of 2
clarifying that the use of a covenant in lieu of unity of title for a building site or unified development
site would not be considered a transfer of ownership requiring planning board review.
CONCLUSION
ln accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
,.44
JLIUIilMJ/TRM
T:\AGENDAV01S\February\Referral to PB - Lot Split - MEM.docx
98
Revision to Lot SpliUForm of Ownership
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry GODE, BY AMENDING GHAPTER ,l 18,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE lV, "DlVlStON
OF LAND/LOT SPL!T", AT SECTION 118.321, ENTITLED "PURPOSE,
STANDARDS AND PROCEDURE" IN ORDER TO GLARIFY THE
REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
CHANGE !N THE FORM OF OWNERSHIP OF BUILDING SITES OR UNIFIED
DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN INDIVIDUAL, OR
VIA A COVENANT IN LIEU OF UNITY OF TITLE WITHOUT REQUIRING A
LOT SPLIT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern a
covenant in lieu of unity of title (otherwise known as a "declaration of restrictive covenants in lieu
of unity of title") and unified development sites; and
WHEREAS, the Land Development Regulations also regulate the splitting of an
improved or unimproved developable site, or a unified development site; and
WHEREAS, as currently worded, Section 118-321 of the Land Development Regulations
requires a lot split procedure to be utilized even if the only action is to change the form of
ownership of the developable site or unified development site from a single entity to several
entities. via a covenant in lieu of unity of title; and
WHEREAS, a lot split is intended to regulate the possible separate and district
ownership of the property that was once a larger site, and authorizing those separate uses and
separate ownership with no legal or construction connection between the lots; and
WHEREAS, a covenant in lieu of unity of title, maintains the entire parcel intact; requires
all parties to the covenant to agree to develop as one lot; requires cross access easements to
ensure the entire parcel is utilized as one legal entity; and requires consent of all the parties to
the covenant as to any development; and
WHEREAS, requiring a lot split simply because of the change of ownership style to allow
more than one owner through a covenant in lieu of unity of title, is an unnecessary process for a
property owner to have to undergo and does not protect the City or its building sites from lot
splits, but rather creates additional bureaucracy, without any safeguards; and
1of 4
99
WHEREAS, the City would like to clarify section 118-321 to continue to require lot split
review may be owned by multiple persons, jointly and severally, under a covenant in lieu of unity
of title; and
WHEREAS, the administration recommends the clarification of section 118-321, of the
Land Development Regulations.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. The City of Miami Beach Land Development Regulations, at Chapter 118,
"Administration and Review Procedures," Article lV, "Division of Land/Lot Split"," under Section
118-321, entitled "Purpose, standards and procedure" is hereby amended as follows:
ARTICLE VII. . DIVISION OF LAND/LOT SPLIT
Sec. 118-321. - Purpose, standards and procedure.
ln order to maintain open space and neighborhood character, wherever there may exist a
main permitted structure and any accessory/auxiliary building or structure including, but not
limited to, swimming pools, tennis courts, walls, fences, or any other improvement that was
heretofore constructed on property containing one or more platted lots, or portions thereof, such
lots shall thereafter constitute only one building site and no permit shall be issued for the
construction of more than one main permitted structure on the site unless the site is approved
for the division or lot split by the planning board.
No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved, or building site,
unified development site, as defined herein, designated by number, letter or other description in
a plat of a subdivision, shall be further divided or split, for the purpose, whether immediate or
future, of transfer of ownership or development, without prior review and approval by the
planning board. The use of a covenant
of restrictive covenants in lieu of unitv of title") for an improved or unimproved lot. plat. parcel of
land buildino site, or unified development site is not considered a transfer of ownership requirinq
plannino board review. Lots shall be divided in such a manner that all of the resulting lots are in
compliance with the regulations of these land development regulations. All lot lines resulting
from the division of a lot shall be straight lines and consistent with the configuration of the
adjoining lots.
lf a main permitted structure is demolished or removed therefrom, whether voluntarily,
involuntarily, by destruction or disaster, no permit shall be issued for construction of more than
one main permitted structure on the building site unless the site is approved for the division or
lot split by the planning board.
A. Procedure.
(1) All applicants shall provide as part of the application process copies of all deed
restrictions, reservationsr or covenants applicable to the unified development site,
building site, lot, plot or parcel of land being considered for division or split, and an
attorney's opinion of title that, as of a date not more than 120 days before the
2of4
100
B.
planning board's decision upon the application, none of such matters prevent or
serve as exceptions to the division or split requested. No variance from this
requirement shall be allowed.
(2) Any applicant requesting the establishment or separation of lot. plat, parcel of land,
buildino site. of unified development site buildingrsites shall pay the fee for division
of lot or lot split as provided in appendix A. The fees in this section are for the
purpose of defraying expenses of public notices and other administrative costs in
connection with processing applications. An additional fee as provided in appendix
A shall be required for an after-the-fact application.
(3) lf a deferment or an extension of time is requested by the applicant, an additional
fee as provided in appendix A shall be assessed.
(4) lf a request for a deferral is submitted by the planninq department aelministratien 6p
the planning board, and not at the request of an applicant, there will be no
additional charge.
(5) lf the applicant withdraws the application after it has been accepted by the planning
department, but prior to the public noticing of the request, the city shall refund 50
percent of required fees.
Review criteria. ln reviewing an application for the division of lot and or lot split, the
planning board shall apply the following criteria:
(1) Whether the lots that would be created are divided in such a manner that they are
in compliance with this section and the applicable zonino district reoulationsthe
(2) Whether the building site that would be created would be equal to or larger than the
majority of the existing building sites, or the most common existing lot size, and of
the same character as the surrounding area.
(3) Whether the scale of any proposed new construction is compatible with the as-built
character of the surrounding area, or creates adverse impacts on the surrounding
area; and, if so, how the adverse impacts will be mitigated. To determine whether
this criteriaen is satisfied, the applicant shall submit massing and scale studies
reflecting structures and uses that would be permitted under the land development
regulations as a result of the proposed division or lot split, even if the applicant
presently has no specific plans for construction.
(4) Whether the building site that would be created would result in existing structures
becoming nonconforming as they relate to setbacks and the requlations of the
specific zonino district,
r€gu{ationq and how the resulting nonconformities will be mitigated.
(5) Whether the building site that would be created would be free of encroachments
from abutting buildable sites.
(6) Whether the proposed division or lot split adversely affects architecturally significant
or historic homes, and if so, how the adverse effects will be mitigated. The planninq
board shall have the authority to require the full or partial retention of structures
constructed prior to 1942 and determined by the planning director erdes€inee to be
architecturally significant under subsection 142-108(a).
Final decision. ln granting a division or lot split, the planning board may
prescribe appropriate conditions and safeguards; including, but not limited to. a condition
restricting the size of new structures to be built on the resulting lots, based upon the
C.
3of4
101
application's satisfaction of and consistency with the criteria in subsection B above, and
the board's authority under section 118-51. Violation of such conditions and safeguards,
when made a part of the terms under which the division of land/lot split is granted, shall
be deemed a violation of this section 1 18-321. iens,
The decision of the planning board shall be final and there shall be no further review
thereof except by resort to an appellate court of competent jurisdiction by petition for writ of
certiorari.
warrant sueh an adjustment, The request fer a fee
@e adjusted after the faet fee shall net be less than the regular
eppliea+ien+ee=
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ikettqreugh denotes deleted lang uage
F:\ATTO\BOUE\Ordinances\lot split - ORD First Read OC
2015.
Philip Levine, Mayor
1-8-2015.docx
APPROVED AS TO
FORM & TANGUAGE
4of4
102
l?'15.2015
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Commissioners
FROM: Commissioner Michael Grieco
DATE: February 11,2015
SUBJECT: Referral To The Planning Board And Land Use And Development
Gommittee On A Companion ltem to the Parking Plan For Construction Workers
Ordinance
Second Reading of the construction parking plan ordinance is scheduled for the
Commission meeting of February 11,2015, at agenda item RSC. A companion item is
being proposed, to ensure that the fines and penalties received under that ordinance
(RsC), would be designated to be deposited and tracked under the Fee ln Lieu of
Parking Program, so that any funds collected could be used towards traffic and parking
mitigation. Further, the Code is proposed to be amended to require the Parking Plan for
Construction Workers to ensure that the plan is submitted and reviewed as part of the
Building Permit process.
A copy of the draft ordinance is included for your reference. I ask that this item be
referred to both the Planning Board and the Land Use and Development Committee.
historic commLtnilv
Agenda ltem CV4--
oate 7y'k/f
We are commifled to providing excellent public service ond sofetV to oll who live, wcrk, ond plcy in our vibronf , t'ropicol
103
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION II4-4
ENTITLED *COMPLIANCE WITH REGULATIONS REQUIRED;"
CREATING SUBSECTION (I2) PROVIDING THAT NO BUILDING
PERMIT OR BOARD ORDER SHALL BE ISSUED FOR ANY LOT OR
SITE WITH A BUILDING PERMIT VALUED AT $250,000 OR MORE
WITHOUT A CONSTRUCTION PARKING AND TRAFFIC
MANAGEMENT PLAN (CPTMP) APPROVED BY THE PARIilNG
DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II, DIVISION 3,
ENTITLED "CONSTRUCTION MANAGEMENT PLAN,,; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED *FEE IN LIEU
oF PARKING', BY AMENDING SECTTON 130-134, ENTITLED*DEPOSIT OF FUNDS/ACCOUNT,,; BY AUTIIORIZING THE
PLACEMENT OF THE FINES OR PENALTIES COLLECTED FROM
ENFORCEMENT OF CHAPTER 106 CPTMP,INTO THIS ACCOUNT TO
BE UTILIZED FOR THE PURPOSES PROVIDED THEREIN;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WIIEREAS, 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 offenses 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
WIIEREAS, that the conditions and impacts mentioned above reduces parking
availability and creates blighted or deteriorated residential areas; and
WHEREAS, the City has established under Chapter 106 of the Code, at Article II,
Division 3, 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 ofchildren and other pedestrians; and
WHEREAS, to ensure that no building permit issues or development order proceeds
without the required Construction Management Plan, for those premises seeking a permit valued
104
over $250,000, Chapter ll4, of the Land Development Regulations is being amended to reflect
the requirement of having a Construction Management Plan, as a condition precedent to
obtaining the applicable permits; and
WHEREAS, the fines or penalties received pursuant to a violation of Chapter 106,
Article II, Division 3, shall be accounted for and placed in the fee in lieu of parking fund,
designated as funds derived from Chapter 106 enforcement, and used as provided under Chapter
130, Article V; and
WHEREAS, the proposed modification to Chapter ll4 and Chapter 130 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:
SECTION 1. Chapter 114, "General Provisions," at Section lt4-4, entitled "Compliance with
Regulations Required;" and Chapter 130, "Off Street Parking" at Article V, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
***
CHAPTER tr4 -."rTrYL PRovrsroNs
Section ll4-4 Compliance with Regulations Required.
Except as provided in these land development regulations:
**r.
(11) No building permit shall be issued for any lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No building permit or board order shall be issued for any lot or site with a
buildine permit valued at $250.000 or more without a Construction Parking And
Traffic Manaeement Plan approved by the Parkine Director pursuant to Chapter
106. Article II. Div. 3 Construction Manaeement Plan.
Sec. 130-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected prior to March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking and related
improvements in the vicinity (within the north, middle or south district, as applicable) of the
subject property. Expenditures from these funds shall require city commission approval.
(b) Funds generated by the fee-in-lieu program pursuant to subsection 130-132(a) and (b)
above, collected after March 20, 2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking, transportation
105
and mobility related improvements and programs in the vicinity (within the north, middle and
south district, as applicable) of the subject property. Expenditures from these funds shall require
city commission approval.
(c) Such parking, transportation and mobility related improvements and programs may
include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase ofbuses for circulator routes.
b. Bus shelters.
c. Transitinfrastructure.
(3) Traffi c improvements:
a. Traffic signals.
b. Signal timing operations.
c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) Intelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Bayr,valk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) In addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, nonadministrative
costs only, i.e., drivers, fuel, maintenance and insurance) maybe included if expressly
approved by the city commission.
(d) The planning department shall maintain a map which includes a listing of the north,
middle and south districts and accounts.
(e) Anlz fines or penalties collected pursuant to Chapter 106" Article II. Division 3. Entitled
"Construction Management Plan." after administrative expenses shall be placed in the Fee in
Lieu of Providine Parkins account. and credited to the proper party. and utilized as provided
under subsection (.c). above.
*{<{<
106
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.
A11 ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEYERABILITY.
If 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 thrs day of ,2015.
First Reading:
Second Reading:
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
Underscore denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Michael Grieco)
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MIAMIBEACH
City of Miqmi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
REFERRAL TO THE LAND USE DEVELOPMENT COMMITTEE -
DISCUSSION OF PROPOSED ENDMENTS TO THE CITY CODE
PERTAINING TO ADDITIONAL RESTRICTIONS AND AN INCREASE IN FEES
FOR SINGLE FAMILY LOT SPLIT APPLICATIONS
ADMINISTRATION RECOMMENDATION
Refer the discussion item to the Land Use and Development Committee.
BACKGROUND ANALYSIS
On January 21, 2015, the Land Use Committee discussed an Ordinance related to Lots Splits and
Form of Ownership. As part of this discussion, at the request of Commissioner Malakoff, the Land
Use Committee recommended that a separate discussion item pertaining to additional restrictions
and fees for single family lot split applications be referred to the Land Use Committee.
CONCLUSION
!n accordance with the January 21, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
discussion item to the Land Use Committee.
dt
JLM/JMJ/TRM
T:\AGENDAV01S\February\Referral to LUDC - Adiitional Restrictions and Application Fees for SF Lot Splits - MEM.docx
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
the City C
Agenda ltem CV 7
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g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISS N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy Morales, City Manager
DATE: February 11,2015
the City C1
REGARDING SEAWALL CONDITIONS, ENCROAGHMENTS INTO PUBLIC PROPERTY
FOR PRIVATE USE.
BACKGROUND
The City of Miami Beach is surrounded by approximately 60 miles of sea wall, which enables
protection from storm surges, sea level rise and soilerosion prevention. These seawalls fall under
City, State and/or private jurisdiction.
During recent inspections, it has been discovered that a number of seawalls are suffering from
structural damage and/or are in deteriorating conditions. lt has also been noted during the
construction permitting process (those applying for a City permit are required to provide a property
survey in order to identify property/City limits), that many property owners' existing sea walls
encroach into public property by as much as four feet, without a permit on record. This essentially
has provided public property for private use.
CONCLUSION
The Administration recommends approving the referral to the Land Use & Development Committee
for discussion and further direction.
JM/C/JJF/FRS/BAM
T:\AGENDA\201S\February\PUBLIC WORKS\LUDC referral, seawall condition, encroachments. Memo.doc
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: February 3'd,2015
SUBJECT: Referral to the Land Use and Development Committee regarding ordinance
amendment to Chapter 142 relating to proposed definition for entertainment
Please place on the February 11th City Commission Meeting Agenda a Referral to the Land
Use and Development Committee regarding a proposed language change in Chapter 142
relating to proposed definition for entertainment. Attached, please find Draft to presented to
the Committee.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commitled fo providtng excellent pubfic servtce ond sofely to oll who live, work, ond ploy in our vibront, tropicol, hisloric communifl.
Agenda ltem C(/ K
-Date 221,1:D-113
Chapter 142
Zoning Districts and Regulations
Article V. Specialized Use Regulations
Division 6 - Entertainment Establishments
L42-L36L - Definitions
Entertainmenf means any live show or live performance or music amplified or non-amplified.
Exceptions; lndoor movie theater; big screen television; and/or background music (live music
will be limited to piano and string instruments), amplified or non-amplified, played at a
volume that does not interfere with normal conversation.
Chapter 142
ZONING DISTRICTS AND REGULATIONS
Article !1. District Regulations
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
Sec. 142-693. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
(b) For purposes of this section, pawnshops and dance halls and entertainment
establishments are not permitted as a main permitted or accessory use south of Fifth
Street; however, in the C-PS3 and C-PS4 districts, dance halls and entertainment
establishments shall be permitted as an accessory use within a hotel of 250 rooms or
more with access to the dance hall or entertainment establishment only from the
interior lobby and not from the street, . and for restaurants located in the C-PS2 district
between Michigan Avenue and Alton Road adiacent to the southern boundary of Fifth
Street. onlv during periods in which full meals are beine served and no later than 2:00
a.m.. indoor entertainment consisting solelv of piano or string instruments plaved at a
volume that does not interfere with norma! conversation may be permitted as a
conditional use.
114
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Commissioners
FROM: MichaelGrieco,Commissioner
DATE: February 11,2015
SUBJECT: Referral to the Neighborhood/Community Affairs Committee regarding
modification to the code relating to seawalls - in particular - to allow enforcement in
multifamily districts, not just single family
I am asking that the following item be referred to the next Neighborhood/Community Affairs
Committee meeting. I would like to explore a modification to the City Code, Chapter 66,
relating to seawalls. ln particular, I am seeking to modify the Code to Allow Code
Compliance to enforce regulations relating to docking, etc., in multifamily districts. Currently
the Code provides enforcement authority to Marine Patrol and Code Compliance in solely
single-family districts. The proposed revision and discussion would concentrate on a
modification to Section 66-151, of the City Code; to enhance definitions contained therein
and allow for enhanced enforcement. ln pafticular, the Code would be amended to provide
Compliance to remove boats, jet skis "parked" or moored by multifamily seawalls that have
been abandoned along seawalls within multifamily zoning districts..
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 sofety to oll who live, work, ond ploy rn our vibront, tropicol, historic cammunitv.
Aoenda ltem C/L" Drt"Z/aE115
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g MIAMIBEACH
OFFICE OFTHE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissio"d
DATE: February Ath,2015
SUBJECT: Agenda item for February 11th,2}15City Commission Meeting
Please place on the February 11th,2015 Agenda for City Commission Meeting a referral to
the Neighborhoods and Community Affairs Committee a discussion regarding status of city
funds given to the Wolfsonian-FlU Museum.
Please refer to attached agenda item dated December 2nd,2013.
Please include agreement with Wolfsonian-FlU Museum at presentation to the
Neighborhood s Com m ittee.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ote commued tc proicling excellent public selice and n{ey to all who live, work, cnd ploy ln aur vibronl, hopicol, hisroric communily.
/q
Asenda ttem LV Pl
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g MIAAAI BEACH
OFFICE OI THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: December znd,2019
SUBJECT: Agenda item for December 11th, 2013 City Commission Meeting
Please place on the December 11th City Commission Meeting a discussion regarding an
update for prograrnmatic plan for renovation and expansion of the Wolfson-FlU Museum
specifically; what is the master plan? How is the 10 million dollars frorn Miami Dade County
being allocated on Miami Beach? How the $150,000 donation from the City of Miami Beach
is being spent? ls this in compliance with all other city conditions.
Attached please find an email with after action from the September 27n City Commission
Meeting.
lf you have any questions please do not hesitate to calt our office.
Best Regards,
Dessiree Kane
on behalf of Comrnissioner Ed Tobin
Wo orc cqnmrlled lo prond,rg exr:relirnl;xrbrc rierw* r:ncJ solery, m ot! wiro [rt, wryl. ord pny rn ou vlixonl kapr.lii. &islorc c'gnnulif 7(
118
Kane. Dessiree
From:
Sent:
lo:
Subject:
Cardillo, Lilia
Wednesday, November 20, 201 3 1 1:18 AM
Kane, Dessiree
PER YOUR REOUEST
Clerk's Ref: # 917
Grant Agreement Between The city of .Miami Beach Florida {City) and the Florida lnternational University Board of
Trustees For the Btsnefit of the Wolfsonian-FlU (Grantee) For Oevelopment of a Programmatic Plan for the Renovatlon
and Expansion of the Wolfsonian-FlU. (Original kept wlth resolution 20t2-281lq 6rant amount: $1S0,O0O.O0.
SEPTEM BER 27, 2AT2 COMMISSION M EETI NG
6:07:57 p.m.
fi70 A Resolution Adopting Fiscal Year lFYt 2AL2/13 Budgets For Specia I &evenue Funds For Resort Tax; The 7th Street
Parking Garage Operations; The 5th & Alton Parking Garage Operations; Art ln Public Places {AiPP), Tourisrn And
Hospitality Scholarship Program, Green/Sustainability Funds, Waste Hauler Additlonalservices And Public Benefit Funds,
Education Compact Funds, Red Ught Camera Funds, And Emergency 911 Funds.
(Budget & Performance lmprovement)
ACTION: Resolution 2012-28018 adopted as amended. Motion made by Commissioner Wolfson; seconded by
Commissioner Libbin; Voice vote: 6-0; Absent: Vice-Mayor Exposito. Kathie 6, Brooks to handle.
Amendment
1) Add language to the agreement that the facilhy will be made more accessible to the public
2) That the $10 million be spent within Miami Beach.
End
Kathie G. Brooks, lnterim City Manager, introduced the item.
Commissioner Tobin informed that he had met with Cathy Leff, Director of The Wolfsonian Museum, and she assured
him, and is in the audience to confirm, that the StO million from Miami-Dade County will be used to make the
Wolfsonian on Washington Avenue more accessible to the public. He asked tha City Attorney to draft an itern so that
the City is assured that the $150,000 that the City is giving for the planning, as well as the $10 million The lVolfsonian is
also receiving from iMiami-Dade County is to be used to make that facility more accessible. City Attorney's Office to
handle.
Discussion held.
Jorge Gornez, Assistant City Manager, clarified that the $fO million capitat bonds the Wolfsonian is getting from the
County is to be spent in Miami Beach, and the main goal is to create {with funds from the City of Miaml Eeachi the
facillties master plan so that they can increase the size of the publlc exhibition space in The Wolfsonian.
Jose Smith, City Attorney, thought that the concern expressed at Finance committee was whether the $75,000 or
S150,000 was necessary in order to obtain the $10 million from the County.
Commissioner fobin explalned that in corresponding with the County's CulturalArts Department he was informed that
plans are underway, and that there is $t.Z mitlion allocated for soft costs out of the $10 million, so the $150,000 is not
necessary, and could come from the Wolfsonian itself. He thinks the Wolfsonlan needs to be made into more of a public
%Tt
119
amenity; hovrever, he is satisfied if there ls a tight agreement in place that $10 milllon will be spent on making that
facllity more accessible to the public.
Jose Smlth, City Attorney, clarified that the two conditions the City is asking are: 1) add language to the agreement that
the facility ls to be more accessible to the public, and 2)that the $10 million be spent within Miami Beach,
Discussion held.
Commlssioner Libbin asked Ms. Leff lf the bonds have actually been sold already.
Ms. Cathy Leff, Director, The Wolfsonian Museum, explained that the money will not be available untll September 2013,
so there might be funds for bonds already sold that could be used for the project. She clarified that they are eligible to
apply for the funds in September 201.3.
Discussion continued.
Commissioner Libbin stated that the goal in mind was to have a great project for $10 million and helping to address
sorely needed'improvements in the Washington Avenue vicinity, and he hopes this project will be a catalyst to other
owners on Washington Avenue to rnake improvements.
Ms. Leff explained that some of the money might be spent in the annex, and she did not want everyone to think it will
be only spent on L0th Avenue, but the idea is to turn the 10th Avenue into a more much publicly accessible place and it
willbe a great catalyst forWashington Avenue.
Discusslon continued,
Commissioner Weithorn asked the Administration lf administrative expenses including administrative fees, if those are
transferred to lnternal Servlce Funds.
Kathie G. Brooks, lnterim City Manager, explained that those are transferred to the General Fund for administrative
support provided by the City Manqge/s Office and other departments.
Cornmissioner Weithorn asked about the Special Eveflts GoodwillAmbassador for $2.8 million.
Ms. Brooks explained lhat those funds are for Memorial Day, Spring Break, New Year's Eve, Fourlh of Juiy, and include
staffing by police and fire, which are primarily overlime dollars, rental and/or security contracts, etc.
Commissioner Weithorn requested a detailed by event list. Kathie G. Brooks to handle.
City Clerk's Note: crant Agreement between CMB and FLORIDA INTERNATIONAL UNIVEPSIW BOARD OF TRUSTEES for
the benefit of the Wolfsonian-FlU dated July 26, 2013, executed July 26,2013.
ENTERED BY REG/LH LOI29/73
MIAMIBEAC*{
Lllla Cadll&o, Aguda Coordinaor
OFFICE OF THE CITY CLERK
1700 Conv€nllon C€nter Drive, Mlami Boach, FL 33139
Tal: 305{73-7411 / F€K 788-394-4139 / ext 6780 l4},r,r,.m,amlbgaQifl.q0la
We aH comnrinqd ro pro$dtugexeellerrt publtc serqlx and m/eq' tpo11 *1ro ,'ru,woilt ond ploy ln our ibrant, tropie{tl, hislorlc comnnnily
wY(
120
g MIAMIBEACH
OFFICE OF THE MAYOR AND COA,1/\ lSSlON
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commission
DATE: February 41h,2015
SUBJECT: Agenda item for February 11th,2015 City Commission Meeting
Please place on the February 11b,2015 Agenda for City Commission Meeting a referralto
the Neighborhoods and Community Affairs Committee a discussion regarding
Administration's exploration of this new technology. Please see attached letter and refer the
item to the Neighborhood's Committee for analysis
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 comnilted lo providiog excellent public service ond nfety to ctll who l^,e, wo*, ond ploy in our vibronl. hopicol, histortc commultty.L/
Agenda ltem CU/Uoate L-il-l{121
tr\#G"
TECHNOLOGY INC.
xG Technology Proposal Summary
The Current Situation: Miami Beach Vulnerability
The City of Miami Beach Emergency Management Department is highly dependent on the public cellular LTE
network for its data and video communications needs. While commercial cellular networks tend to work well
during times of normal levels of use, they provide no guaranteed level of service or priority - the very things
that Miami Beach first responders need in an emergency. They are also highly susceptible to outages during
natural disasters and manmade events like active shooters or terrorist attacks. Moreover, in many cases,
commercial networks become overwhelmed during large-scale public events. Because Miami Beach
welcomes over 13 million visitors a year and hosts numerous highly-attended public events, like the Wine &
Food Festival, Miami Marathon, and in particular, the Miami Beach Centennial taking place this year, public
users could choke and compete for the very same public LTE networks that emergency responders rely upon.
The xMax Solution: Mitigating the Risk to Lives and Property
The xG Technology xMax system is a high-speed private wireless network engineered from the ground up to
satisfy the video and data needs of Miami Beach's Emergency Management department. Unlike commercial
cellular systems, xMax has been designed to provide exceptional resilienry and redundancy in unpredictable
environments and during fluid situations. lt is a network that only first responders can access, so regardless
of the crisis or disaster that occurs, they will always have a secure, high-speed connection for all their data
and video requirements. xMax is easy to set up and be can quickly deployed as a fixed, mobile or
expeditionary system, allowing it to be custom-tailored to first responder mission needs.
xG's Offer to Miami Beach
Beyond the high reliability and rapid-deployment capabilities the xMax system provides, xG Technology
offers the following to further mitigate the risk to the City of Miami Beach:
r xMax is a hijhly-affordable system: xMax is all-lP system designed for easy interoperability. lt supports
all smartphones, tablets, and laptops, so Miami Beach's first response teams can continue to use the
devices, applications and databases they are familiar with, which keeps costs under control.
o Elimination of technical and financial risk to Miami Beach: xG is highly confident in its solution and
ability to meet the needs of Miami Beach, and thus will provide a Performance Bond to the City
guaranteeing that the xMax system will perform as promised.
r A rellable local partner: xG Technology is a Florida-based company that has based its entire operational,
development and deployment teams in South Florida for over 10 years. At the same time, xG is an
aggressive, nimble organization that dedicates significant resources to working closely with customers
like Miarni Beach to deploy, test and validate its system at every step, ensuring that it meets and
surpasses customer requirements during every phase of business engagement.
ln summary by partnering with xG Technology, the City of Miami Beach will have the benefit of a significantly
improved emergency response capability, greater protection and safety to the its residents and visitors, and
the unwavering support and service of a committed local firm at its disposal,
122
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: February 4,2015
SUBJECT: Referral to Neighborhood/Community Affairs Committee
Please place on the February 11,2015 City Commission agenda a referral to the
Neighborhood/Community Affairs Committee of a discussion item regarding the lack of
available public parking at 46th and Collins Avenue.
Thank you!
lf you have any questions please do not hesitate to call our office.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / u.rww.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic
community.
Agenda ltem C{O
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c6
COMMISSION COMMITTEE REPORTS
125
r.-,.-,
---E
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
To: Members of the Finance and C Projects
FRoM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REPORT OF THE FINANCE D CITYWIDE PROJECTS
COMMITTEE MEETING ON
The agenda is as follows:
Y 7,2015
OLD BUSINESS
1. Discussion regarding The Greater Miami Convention and Visitors
Bureau lnterlocal Agreement
ACTION
Item deferred to February.
2. Discussion regarding whether or not to pursue food and beverage
concessions for Soundscape Park, Collins Park, and the Miami
Beach Botanical Garden
ACTION
The Gommittee recommended moving forward with the Soundscape Park
term sheet presented. The Committee also determined that Collins Park
will go out as a Request for Letter of lnterest for a pop up or a temporary
food concession concept and the results are to be brought back to the
Finance Gommittee. ln reference to the Botanical Gardens the Committee is
waiting for staff to bring back additional concepts.
3. Discussion regarding The Live Nation Management Agreement For
The Jackie Gleason Theater
ACTION
Item deferred to February.
Agenda ltem Cb A
'Date 2-tl-tf126
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 February.
5. Discussion Regarding The Miami Beach Convention Center Booking
Policy
ACTION
Item deferred to February.
NEW BUSINESS
6. Discussion to consider approving and authorizing the RDA to enter
into a lease agreement between the Miami Beach Redevelopment
Agency (landlord) and Mr. R Sports, !nc. (tenant), in connection with
the use of suite "J" at the Anchor Shops, Iocated at 100 16th street,
suite no. 5, Miami Beach, Florida (space), for an initial term ending
on October 1,2015, with two (2) renewal option of three (3) years and
three (3) years and 364 days respectively
ACTION
The Committee recommended moving forward with authorizing the
Redevelopment Agency to enter into a lease agreement between the Miami
Beach Redevelopment Agency (landlord) and Mr. R Sports, !nc. (Tenant), in
connection with the Anchor Shops, located at 100 16s Street, Suite No. 5,
Miami Beach, Florida (Space), for an initial term ending on October 1, 2015,
with two (2) renewal options of three (3) years and three (3) years and 364
days respectively. This term coincides with the lease term for the other
space occupied by Mr. R Sports, lnc. and would essentially have both
leases following concurrent terms.
ITEMS REFERRED AT DECEMBER 17. 2014 COMMISSION MEETING
7. Discussion Regarding City Manager Jimmy Morales' Letter Dated
December 1,2014 Regarding His Employment Contract
ACTION
The Committee recommended moving this item to the Gommission with
staggered terms for the City Manager, Gity Clerk and the City Aftorney. City
Attorney date set tor 2017, the City Clerk set for 2018 and the City Manager
127
set for 2019. Chairperson Deede Weithorn has volunteered to work on
developing the contract for the City Glerk. lt was also recommended that
the compensation and contract terms be discussed at an informal meeting
open to the public.
8. Discussion Regarding Entering lnto An Employment Agreement With
The City Glerk
ACTION
The Committee recommended moving this item to the Commission with
staggered terms for the City Manager, Gity Clerk and the Gity Attorney. City
Attorney date set tor 2017, the City Clerk set for 2018 and the Gity Manager
set for 2019. Chairperson Deede Weithorn has volunteered to work on
developing the contract for the City Clerk. lt was also recommended that
the compensation and contract terms be discussed at an informal meeting
open to the public.
9. Discussion Regarding Ghanges in lndexes Used For Reimbursement
Of Travel Expenses
ACTION
The Committee moved this item without recommendation because they
wanted to see the difference between the Runzheimer lndex and the U.S.
General Service Administration rate. ltem will be presented at the January
14,2015 City Commission meeting.
10. Discussion Regarding Partial Payments Of Annual And Sick Leave
For Participants Of The Deferred Retirement Option Plan (DROP)
ACTION
Item deferred to February.
tt. Discussion Regarding Options To Reintegrate The Baptist Hospital
Network Among Providers Available To City Employees
ACTION
The Gommittee recommended:
1. Humana and AvMed coexist March 1,2015 through September 30, 2015
2. AvMed becomes the sole ASO carrier October 1,2015 through
September 30, 2016
3. The City issues an invitation to negotiate (lTN) and the results go into
effect October 1,2016.
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129
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REPORT OF THE JANUARY 21 2015 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on January 21, 2015. Land Use
Committee Members in attendance were Commissioners Joy Malakoff, Ed Tobin, and Jonah
Wolfson. Members from the Administration, including, Thomas Mooney, Joe Jimenez, Eve
Boutsis, Eric Carpenter, Bruce Mowry, David Martinez, Michael Belush, and Rogelio Madan
as well as members of public, were also in attendance. Please see the attached sign-in
sheet.
The meeting was called to order at 3:14 PM.
1. DISCUSSION ON WASHINGTON AVENUE OVERLAY DISTRICTS
(RETURNTNG FROM THE DECEMBER 10,2014 LUDG MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 CITY COMMISSION MEETING, ITEM C4B)
AFTER.ACTION:
Thomas Mooney introduced the item and provided the dates for future meetings of the
Mayor's Blue Ribbon Panel on Washington Avenue
MOTION: Continued to February 18,2015 by Acclamation.
2. a) DISGUSSION ON PROPOSED AMENDMENTS TO THE SINGLE FAMILY HOME
oRDTNANCE (REAR YARD SWIMMING POOLS).
(RETURNING FROM THE DECEMBER 10,2014 LUDC II'IEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
JULY 23. 2014 CITY COMMISSION MEETING, ITEM C4H)
2. b) DtscusstoN oF A pRoPosED AMENDMENT TO THE ADJUSTED GRADE OF
REQUIRED YARDS IN REFERENCE TO SEAWALL BUILT AT 5'7" NAVD.
(RETURNING FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 17. 2014 CITY COMMISSION MEETING, ITEM C4B)
Agenda ltem CO I
Date 9-//-lf130
City Commission Memorandu m
Report of Land Use & Development Commiltee Meeting of January 21, 2015
Page 2 of 4
AFTER.AGTION:
Thomas Mooney introduced the item and provided a description on the effect of each of the
proposed ordinances.
Commissioner Wolfson suggested that the heights of fences not exceed a certain amount,
should the adjusted grade be significantly higher than the grade.
Commissioner Tobin, suggested that there be certainty that storm water be retained on site.
Eric Carpenter described requirements and methods for the retention of storm water on site.
Concerns were raised over the ability of a pool to retain water.
Commissioners Tobin and Wolfson suggested that if it were possible for a pool to retain
storm water then a pool should count towards the impervious area.
Commissioner Malakoff expressed concerns about the effect of raised fences due to
measuring height of fences from adjusted grade on existing homes.
Commissioner Tobin suggested that if grade is raised that retaining walls be required to
keep water from flowing into abutting parcels.
Members of the public addressed the committee.
MOTION: JWJM (3-0)
Recommendation that the items be referred to the Planning Board.
3. DISCUSSION REGARDING SEAWALL HEIGHT STANDARDS AND ITS IMPACT ON
SINGLE FAMILY HOME DEVELOPMENT.
(REQUESTED BY CITY GOMMTSSTON
DECEMBER 17. 2014 CITY COMMISSION MEETING, ITEM RgI)
AFTER.ACTION:
Eric Carpenter introduced the item.
Members of the public addressed the committee.
Commissioner Malakoff expressed a desire to have elevations to be represented in both
NAVD and NGVD.
MOTION: No further action taken.
4. DISGUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND GHAPTER 142
OF THE CITY CODE.
(RETURNING FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4O)
VERBAL REPORT
MOTION: Continued to February 18,2015 by Acclamation.
5. DISCUSSION REGARDING THE CONCESSION CONTRACT WITH RCI GROUP, THE
MANAGEMENT COMPANY OF MIAMI BEACH MARINA.
(RETURNTNG FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgX)
VERBAL REPORT
131
City Com mission Memorandum
Report of Land Use & Development Committee Meeting of January 21 , 2015
Page 3 of 4
MOTION: Continued to February 18,2015 by Acclamation.
6. a) ANNUAL EVALUATION OF PARKING IMPACT FEE STRUCTURE.
(RETURNTNG FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
SEPTEMBER 17, 2014 CITY COMMISSION MEETING, ITEM R7E)
b) DrscusstoN REGARDTNG THE PHTLOSOPHY BEHTND PARKTNG TMPACT FEES
(RETURNTNG FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM C4J)
AFTER.ACTION:
Thomas Mooney introduced the item.
Commissioner Wolfson expressed concerns with extending the annual parking fee
requirements to existing buildings in historic districts.
Commissioners requested a fiscal impact.
MOTION: Continued to February 18,2015 by Acclamation.
7. DEFINITION OF UNIFIED DEVELOPMENT SITE AN ORDINANCE AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU THEREOF,"
BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A COVENANT IN
LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED DEVELOPMENT SITE;
PROVIDING FOR CODIFIGATION, REPEALER, SEVERABILITY AND EFFECTIVE
DATE.
(RETURNTNG FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 22,2014 CITY COMMISSION MEETING, ITEM RsH)
AFTER.ACTION:
Thomas Mooney introduced the item.
MOTION: ET/JM (3-0)
Motion to send both Ordinances to the Planning Board and refer an item related to the fee
for Lot Split applications for single family homes to the Land Use Development Committee.
8. DISGUSSION REGARDING ZONING IN PROGRESS.
(RETURNING FROM THE DECEMBER 10,2014 LUDG MEETING
ORIGINALLY REQUESTED BY CIry COMMISSION
NOVEMBER 19. 2014 CIry COMMISSION MEETING, ITEM C4B)
VERBAL REPORT
AFTER.AGTION:
Commissioner Wolfson introduced the item and requested that the City Attorney prepare a
report on the implementation of zoning in progress.
132
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of January 21, 2015
Page 4 of 4
MOTION: Continued to February 18,2015 by Acclamation.
9. DISGUSS THE MODIFICATION OF SPECIAL EVENT PERMIT CRITERIA ON OCEAN
DRIVE BETWEEN gTH AND 12TH STREETS.
(REQUESTED BY GrrY GOMMTSSTON
DEGEMBER 17. 2014 CITY COMMISSION MEETING, ITEM RgO)
VERBAL REPORT
MOTION: Continued to February 18,2015 by Acclamation.
10. DISCUSSION ON GENERAL HEIGHT RESTRICTIONS IN CD.3 DISTRICTS.
(REQUESTED BY COMMTSSTONER JONAH WOLFSON)
JANUARY 14. 2015 CITY COMMISSION MEETING, ITEM C4L)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney introduced the item.
Monica Entin provided information regarding a proposed code amendment.
Commissioner Tobin expressed concerns over the increase in intensity that could occur.
MOTION: JWJM (2-1)
Motion to refer an Ordinance to the Planning Board.
11. DISGUSSION REGARDING COMPLETION OF THE CENTRAL BAYSHORE AREA
STORM WATER AND ROADWAYS CONSTRUCTION.
(REQUESTED BY VICE-MAYOR JOY MALAKOFF
JANUARY 14. 2015 CITY COMMISSION MEETING, ITEM RgS)
VERBAL REPORT
AFTER-ACTION:
David Martinez provided an update on the item.
Eric Carpenter provided information on the updating of criteria for the prolect.
MOTION: No further action taken.
12. DISCUSSION ON THE COLLINS CANAL PROJECT
(RETURNTNG FROM THE DECEMBER 10,2014 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgG)
MOTION: Continued to February 18,2015 by Acclamation.
me
ffilng
Adjourned at 5:35 PM
JLII*J*MTTRM/MAB/RAM
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OFFICE OF THE CITY MANAGER
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBIECT: REPORT OF
MEETING ON
THE NEIGHBORHO
SION MEMORANDUM
MUNTTY AFFATRS COMMTTTEE (NCAC)
Agenda,tem CGC
of City
FRIDAY, JANUARY 30, 2015
A meeting of the Neighborhood/CommunityAffairs Committee was held on Friday, January
30,2015 at 2:00pm in the Commission Chamber, 3rd Floor of City Hall. Commissioners in
attendance: Commissioners Joy Malakoff, Michael Grieco and Ed Tobin. Members from
the Administration and the public were also in attendance.
THE MEETING OPENED AT 2:09 P.M.
1. Report From Miami-Dade County Public Schools On The Status Of The Action Plan
Related To Nautilus Middle SchoolAnd Progress To Date.
Item R9E, October 22, 2014
(Requested by OBPI)
AFTER.ACTTON
Leslie Rosenfeld, Chief Learning and Development Officer informed the Committee that this
item will be deferred till February due to the School Board's requested. The School Board will
be able to provide mid-year data during the February meeting.
ltem Deferred to February 27,2015.
2. Discussion Regarding The Purdy Boat Ramp.
Item R9P, October 22, 2014
(Requested by Commissioner Grieco)
AFTER.ACTION
John Rebar, Parks and Recreation Director presented the item. He provided the Committee
with a handout detailing the current issues with Purdy Boat Ramp and the proposed
solutions.
Commissioner Grieco stated that he believes commercial operation on the Purdy Boat Ramp
should be eliminated and it should be residents only.
MOTION: by Commissioner Grieco to move this item to the Commission with positive
recommendation.
REGOMMENDATION: by Commission Grieco to include in the plans for the Purdy Boat
Ramp the elimination of commercial use, the installation of a gate that will only allow
residential use and the installation of a non-motorized ramp.
Second by Commissioner Tobin.
i'ra a'a :':\t1tTt fiSC :C pravrdrng 3x6p]/prt plpi;1 jei,,,ice O.Ci .sCit.r ::r ail ^,n1 I ;g 1.y. ,:uit plCu t., .)tt .r'latonl lst]1;lii:1t I
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-721 I
initiate your request. TTY users may also call 71 1 (Florida Relay Service).
Date 2-/l-lf136
3.Discussion Regarding An Update On The Plans For The Par 3 Park.
Item C4F, December 17,2014
(Requested by Commissioner Weithorn)
AFTER.ACTION
John Rebar, Parks and Recreation Director and Rogelio Madan Principle Planner, presented
a PowerPoint presentation detailing the preliminary plans for the Par 3 Park. John Rebar
explained that this park will be a dawn till dusk park with no activity allowed at night.
Commissioner Grieco stated that he envisions the security for this park to be much like South
Pointe Park where police do loops throughout the park at night and there is low level lighting
to illuminate a path for the police officers. The expectation is that there is 24hour security at
the park.
John Rebar stated that in order to get this item moving fonarard, Administration would ask the
Committee to give direction to Administration to take to Commission the concept shown at
today's meeting to serve as a basis for CIP to begin the RFP process.
Commissioner Tobin suggested bringing this item back to NCAC in February in order to
address the issues brought up by residents.
John Rebar stated that community meetings will be part of the finalizing phase of the Par 3
Park.
David Martinez clarified that if CIP were to issue a RFP now, the City could begin the process
of engaging the community bringing on a consultant and working out the details before
finalized plans are drawn up.
Eric Carpenter clarified that the material being dumped at the Par 3 Park has come from the
Alton Road project; these materials were tested to be clean fill. As of right now, the City has
sent the material to be sent to a regulatory committee to test the material. lf the fill comes
back with negative marks, it will be removed. Administration will share the results of the
regulatory committee with the public and City Commission once it becomes available.
Members of the public addressed the Committee.
DIRECTION: by Commissioner Tobin to have this item brought back to the February NCAC
meeting as a status update.
MOTION: by Commissioner Grieco to move this item to Commission with positive
recommendation to issue the RFP for consultants to design the park based on concept including
community outreach and taking into account comments at today's meeting, given that there are
certain concepts that need to addressed.
Seconded by Commissioner Tobin.
Discussion Regarding The lmplementation Of A Memorial Tree Program.
Item C4A, April 23, 2015
(Req uested by Commissioner Weithorn)
AFTER.ACTION
Eric Carpenter, Public Works Director presented this item to the Committee. Eric Carpenter
clarified that this memorial tree program being presented would not include placing plaques in
public spaces. The memorial tree program would allow for individuals to purchase a tree and
donate it to the City in honor of someone. lt would mirror the Chicago Green Deed Program.
Members of the public addressed the Committee.
Commissioner Grieco suggested that this program be called a commemorative tree program.
MOTION: by Commissioner Grieco to move this item to the City Commission with positive
recommendation.
Seconded by Commissioner Tobin.
4.
137
5.A Discussion To lnclude Restrooms And Storage Building ln The First Phase Of The
Altos Del Mar Park Plan.
Item C4G, January 14, 2015
(Requested by Commissioner Malakoff)
AFTER.ACTION
John Rebar, Parks and Recreation Director presented this item. John Rebar inquired what
the Committee would like the building in the plans to look like; this is a question he forgot to
ask the last time this item was heard.
Commissioner Tobin and Commissioner Malakoff both stated that the single storage building
with restrooms is more than enough.
Members of the public addressed the Committee.
MOTION: By Commissioner Grieco to move the single story building with direction to find
funding to add bathrooms to the first phase of the Altos Del Mar Park Plan.
Seconded by Commissioner Tobin.
Discussion Regarding AWay To Streamline The Process So That Miami Beach Senior
High Schoo! Band Can Play ln Public Venues.
Item C4F, October 22, 2014
(Requested by Commissioner Tobin)
AFTER.ACTION
Marcia Monserrat, Special Projects Administrator presented this item to the Committee. She
provided a solution to allow the Miami Beach Senior High School Band an opportunity to play
on Lincoln Road and solicit the funds that they need in order to fund their national trips. The
special permit fees have been waived, and the Lincoln Road Property Owners provided the
deposit necessary for the permit. ln addition, they will be allowed to provide those that are
watching the performance information regarding a fundraising page that will allow them to
collect donations.
NO ACTION TAKEN
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.
Item C4F, January 14, 2015
(Requested by Commissioner Grieco)
AFTER.ACTION
Marcia Monserrat, Special Projects Administrator presented the item to the Committee.
Marcia described this program as a way to engage residents in the process of taking care of
their neighborhoods. The Mind Your Block program would be able to be launched through the
City's current app. ln addition, Administration would engage in bimonthly task force walks.
There would also be a campaign to inform residents of the program; it would be similar to the
way the recycling campaign was marketed.
Commissioner Grieco expressed his desire to see this program take off as a positive initiative
to have residents takes responsibility for their neighborhoods and become more engaged.
Commissioner Tobin suggested having this program take off as a pilot program and engage
HOAs. ln addition, Commissioner Tobin requested to see a budget for the implementation of
this program.
MOTION: by Commissioner Grieco to move this item to the City Commissionerwith positive
recommendation
6.
7.
138
RECOMMENDATION: by Commissioner Tobin to have a budget proposed with this item.
Seconded by Commissioner Tobin.
8. Discussion Regarding The Continuation Of The Alton-West Trolley Route.
Commission ltem C7K, January 14,2015
(Requested by Commissioner Mal akoff)
AFTER.ACTION
Jose Gonzalez, Transportation Director presented this item to the Committee. Jose Gonzalez
expressed the high ridership with the trolley. ln addition, Jose clarified that this program was
started as a traffic mitigation program through the County due to the Alton Road construction; thus
the contract is set to expire this year.
Kathie Brooks, Assistant City Manager informed the Committee that in order to renew the trolley
system, a different approach has to be taken. The City can work with County between now and
when the contract expires to create a new route for the trolley.
Commissioner Grieco would like to see this as a permanent fixture in the City; however, the route
needs to be restructured in order to accommodate the needs of all of the residents.
Commissioner Grieco and Commissioner Tobin both agree that the continuation of the trolley is
vital to the City.
MOTION: by Commissioner Grieco to have this item come back to NCAC after a route has been
decided on and a discussion is held with the County.
Seconded by Commissioner Tobin.
9. Discussion Regarding Solutions For Failing lntersections.
Referral ltem from the December 19, 2014 NCAC meeting
(Requested by Commissioner Tobin)
AFTER.ACTION
Jose Gonzalez, Transportation Director and Josiel Ferrer Diaz, Transportation Coordinator briefly
presented this item. Josiel explained that the Transportation department created different models
with tweaking the lights in addition to assessing the geometric conditions. The concept that was
devised created a second left-turning lane at Michigan. By adding this second leftturning lane in
the southbound direction improved the intersection from an F to a C. Howeverthe concept needs
to be developed a little more in order for it to be brought back for review.
Members of the public addressed the Committee.
DIRECTION: by Commissioner Tobin to have this item brought back next month with a more
developed concept.
10. Discussion Regarding Long Term Problems That Need To Be Addressed At 17th
Street And Alton Road lntersection.
Commission ltem R9Q, July 23,2014
(Requested by Commissioner Grieco)
AFTER.ACTION
Jose Gonzalez, Transportation Director presented information regarding the current plan to
improve the intersection on Alton Road and 17'n Street. The current plan includes intelligent
transportation systems in addition to mass transit. Jose Gonzalez expressed that there are current
solutions in the motion to improve the traffic.
Commissioner Grieco stated that the current issue is a traffic management issue that needs to be
addressed by Public Works and the Police department.
Commissioner Tobin agreed that there needs to be comprehensive planning in order to ensure
that traffic flows throughout the City.
Members of the public addressed the Committee.
Commissioner Tobin suggested incorporating planning into the transportation workshop.
MOTION: by Commissioner Grieco to include a planning portion to the scheduled transportation
workshop that is being held for the City Commission.
Seconded by Commission Tobin.139
11. Discussion Regarding Adding Pride/Rainbow Colors To The Street Signs From 1Oth
Street to 12th Street On Washington/Collins/Ocean, As Per The Recommendation Of
The LGB Business Enhancement Committee.
Commission ltem C4P, July 23, 2014
(Req uested by Commissioner Steinberg)
AFTER.ACTION
Jose Gonzalez, Transportation Director briefly presented this item. Jose Gonzalez
stated that the crosswalks are currently being painted rainbow on a temporary basis,
and inquired if it is the Committee's recommendation is to have this done on a
permanent basis.
DIRECTION: by Commissioner Grieco to defer this item until the following meeting in
order to have Commissioner Steinberg present.
12. Monthly Crime Statistics Report.
Commission ltem R9D, April 13, 2011
(Requested by Commissioner Tobin)
AFTER.ACTION
Mark Causey, Police Major and Daniel Oates, Police Chief discussed this item with the
committee. Mark Causey presented preliminary crime statistics that compare2013 and 2014.
Police Chief Daniel Oates stated that there has been a slight decrease in crime from 2013 to
2014.|n addition, Major Causey has pushed fonruard efforts to reduce the crime rate in the
entertainment district. Major Causey described the current efforts in reducing the crime rate in
the entertainment district.
CommissionerTobin suggested making a referralto the Commission to discuss implementing
cameras in high crime areas where there is evidence that thefts take place.
Police Chief Daniel Oates stated that the police department is currently proposing a 2015
budget that will include advances in technology, this will include police camera in high impact
areas as well as license plate readers.
NO ACTION TAKEN.
MOTION: by Commissioner Grieco to adjourn the meeting at 4:41pm.
Seconded by Commissioner Tobin.
140
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141
c7
RESOLUTIONS
142
COMMISSION IIEM SUMMARY
Gondensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept two grants and one
est for water oroiects fundi
lntended Outcome S
1) Revitalize key neighborhoods, starting with North Beach and Ocean Drive; 2) N/A; and,3) Ensure
reliable stormwater management and resiliency against flooding by implementing select short and long-
term solutions includino addressino sea-level rise
Supporting Data: Community Satisfaction Survey: 1) N/A; 2) The Miami Beach Fire Department
received positive ratings from over nine out of ten resident (93%), and ratings in 2014 were higher than
in 2012 (91% positive); over nine out of ten residents (92%) rated emergency medical response as
excellent of good, compared to 89% of residents who did so in 2012; and 3) Only 25o/o of residents
rated storm drainaqe as excellent or
Item Summary/Recommendation :
Approve and authorize to take the following actions: 1) Submit a grant to Florida Department of
Environmental Protection, Land and Water Conservation Fund, in the approximate amount of $200,000
for Altos Del Mar Park;2) Submit a grant to the National Emergency Medicine Association (NEMA) for
funding in the approximate amount of $10,000 for automated external defibrillators; and 3) Submit
requests to the State Legislature for water projects funding; approving and authorizing the appropriation
of the above grants and funding requests, including any requisite matching funds and city expenses;
and further authorizing the City Manager or his designee to take all necessary steps and execute all
necessary documents in connection with the aforestated grants and funding requests, including, without
limitation, applications, grant and funding agreements and audits.
Financial lnformation:
Financial lmpact Summary: N/A
Florida Department of Environmental
Protection, Land and Water Conservation
Fund/Altos Del Mar Park
Matching funds
in the amount of
$200,000 willbe requested
through the FY
2015116 capital
National Emergency Medicine Association
( N EMA)/Automated External Defibrillators
State Leg islatureA/y'ater Projects Fundi ng
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
AGENDA ITEi'c?fr
e-tL tfMIAMIBEACHOATE143
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
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
the City ission
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,NG AND AUTHORIZING THE
CIry MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING
ACTIONS: 1) SUBMIT A GRANT APPLICATION TO FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND
WATER GONSERVATION FUND, IN THE APPROXIMATE AMOUNT OF
$200,000 FOR ALTOS DEL MAR PARK; 2) SUBMIT A GRANT
APPLICATION TO THE NATIONAL EMERGENCY MANAGEMENT
ASSOGTATTON (NEMA) rN THE APPROXIMATE AMOUNT OF $10,000
FOR AUTOMATED EXTERNAL DEFIBRILLATORS; AND, 3) SUBMIT
REQUESTS TO THE STATE LEGISLATURE FOR WATER PROJECTS
FUNDING; 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
NEGESSARY STEPS AND EXECUTE ALL NECESSARY DOCUMENTS IN
CONNECTION WITH THE AFORESTATED GRANTS AND FUNDING
REQUESTS, !NCLUDING, WITHOUT LIMITATION, APPLICATIONS,
GRANT AND FUNDING AGREEMENTS AND AUDITS
ADMI NISTRATION RECOMM EN DATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to Florida Department of Environmental
Protection, Land and Water Conservation Fund, in the approximate amount of
$200,000 for Altos Del Mar Park.
The Land and Water Conservation Fund (LWCF) provides financial assistance for the
acquisition or development of land for public outdoor recreation. The program was
established in 1965 to stimulate a nationwide action program to assist in preserving,
developing, and assuring quality outdoor recreation resources; it provides matching
grants to States, and through States to local units of government, for the acquisition and
development of public outdoor recreation sites and facilities.
144
Commission Memorandum
Page 2
The Administration intends to apply to LWCF for the City's Altos Del Mar Park project.
City staff members and consultants have held community workshops to identify potential
program elements for the project; the park will be accessible to everyone. The
Administrative Rule for the LWCF program states that differences in admission or other
fees, based on residence, including preferential reservation, membership or annual
permit systems is prohibited; the Rule however, states that DEP may provide an
exception for reasonable difference. As such, it is the Administration's intent is to use
this grant on elements that do not charge a program or entrance fee.
The Administration intends to apply for funding in the approximate amount of $200,000
and the grant requires matching funds. lf awarded, matching funds in the amount of
$200,000 will be requested through the FY 2015116 capital budget process. This project
supports the key intended outcome revitalize key neighborhoods, starting with North
Beach and Ocean Drive.
2. Approval to applv to the National Emerqencv Medicine Association (NEMA)
Grants Proqram for fundinq in the approximate amount of $10,000 for public
Automated External Defibrillators (AEDs)
The National Emergency Medicine Association (N.E.M.A.) is a 501(c)(3) non-profit
organization founded in 1982. lts mission is the prevention of injury and illness by
addressing health and social issues through education, applied research, technology,
and equipment. The Association is concerned with emergency at every stage of trauma,
with particular attention paid to the excellence of first response at the time and place of
emergency. Priority is provided to projects that address coronary trauma and heart
wellness.
Accordingly, the Administration plans to submit an application to request funds in the
amount of $10,000 for AEDs to automatically diagnose life threatening heart-related
conditions. The Fire Department will oversee the project. Matching funds are not
required for this grant.
3. Approval to submit Requests to the State Leoislature for Water Proiects Fundino
The Florida House of Representatives is accepting Water Project funding applications
through the Agriculture and Natural Resources Appropriations Subcommittee. The
Administration intends to apply for funding for eligible water projects in the approximate
amount of $10 million. Potential projects to be submitted include stormwater
infrastructure improvement projects and water main replacement projects. Matching
funds are not required but are encouraged. 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.
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
approving and authorizing the City Manager or his designee to submit grant applications
to: 1) Florida Department of Environmental Protection, Land and Water Conservation
Fund, in the approximate amount of $200,000 for Altos Del Mar Park; 2) The National
Emergency Medicine Association (NEMA) grant program for funding in the approximate
amount of $10,000 for public automated external defibrillators (AEDs); and 3) Approval
145
Commission Memorandum
Page 3
to submit requests to the State Legislature for water projects funding; 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 deslgnee to take all necessary steps and execute all necessary documents in
connection with the aforestated grants and funding requests, including, without limitation,
applications, grant and funding agreements and audits.
JLM/JWJMH
T:\AGENDA\201 5\February\Grants Memo.docx
146
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO TAKE THE FOLLOWING
ACTIONS: 1) SUBMIT A GRANT APPLICATION TO THE FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, LAND AND WATER
CONSERVATION FUND, IN THE APPROXIMATE AMOUNT OF $2OO,OOO
FOR ALTOS DEL MAR PARK, 2) SUBMTT A GRANT APPLTCATTON TO
THE NATTONAL EMERGENCY MANAGEMENT ASSOCTATTON (NEMA) tN
THE APPROXIMATE AMOUNT OF $1O,OOO FOR AUTOMATED
EXTERNAL DEFIBRILLATORS, AND 3) SUBMIT REQUESTS TO THE
STATE LEGISLATURE FOR WATER PROJECTS FUNDING; 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
TO EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH
THE AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT L!MITATION, APPLICATIONS, GRANT AND FUNDING
AGREEMENTS, AND AUDITS.
WHEREAS, the City Administration requests approval to submit an application to the
Florida Department of Environmental Protection, Land and Water Conservation Fund, in the
approximate amount of $200,000 for Altos Del Mar Park, the details of which are as follows:
o The Land and Water Conservation Fund (LWCF) provides financial assistance for the
acquisition or development of land for public outdoor recreation. The program was
established in 1965 to stimulate a nationwide action program to assist in preserving,
developing, and assuring quality outdoor recreation resources; it provides matching
grants to States and through States to local units of government, for the acquisition and
development of public outdoor recreation sites and facilities.
. The Administration intends to apply to LWCF for the City's Altos Del Mar Park project.
City staff members and consultants have held community workshops to identify potential
program elements for the project; the park will be accessible to everyone. The
Administrative Rule for the LWCF program states that differences in admission or other
fees, based on residence, including preferential reservation, membership or annual
permit systems is prohibited; the Rule however, states that DEP may provide an
exception for reasonable difference. As such, it is the Administration's intent is to use
this grant on elements that do not charge a program or entrance fee.
o The Administration intends to apply for funding in the approximate amount of $200,000
and the grant requires matching funds. lf awarded, matching funds in the amount of
$200,000 will be requested through the FY 2015116 capital budget process. This project
supports the key intended outcome revitalize key neighborhoods, starting with North
Beach and Ocean Drive; and
147
WHEREAS, the City Administration requests approval to apply to the National Emergency
Medicine Association (NEMA) Grants Program for funding in the approximate amount of
$10,000 for public Automated External Defibrillators (AEDs), the details of which are as follows:
o The National Emergency Medicine Association is a non-profit organization founded in
1982. lts mission is the prevention of injury and illness by addressing health and social
issues. The Association is concerned with responding to emergencies at every stage of
trauma, with particular attention to the excellence of first response to an emergency.
Priority is provided to projects that address coronary trauma and heart wellness.
. The Administration plans to submit an application to request funds in the approximate
amount of $10,000 for AEDs to automatically diagnose life threatening heart-related
conditions. The Fire Department will oversee the project. Matching funds are not
required; and
WHEREAS, the City Administration requests approval to submit requests to the State
Legislature for water projects funding, the details of which are as follows:
o The Florida House of Representatives is accepting Water Project funding applications
through the Agriculture and Natural Resources Appropriations Subcommittee. The
Administration intends to apply for funding for eligible water projects in the approximate
amount of $10 million and potential projects to be submitted include stormwater
infrastructure improvement projects and water main replacement projects.
o Matching funds are not required, but are encouraged. This project supports the key
intended outcome to ensure reliable stormwater management and resiliency against
flooding by implementing select short and longterm solutions including addressing sea-
level rise; and
WHEREAS, the grant and funding requests set forth herein would benefit the health, safety,
and welfare of the City and its residents.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH that the Mayor and City Commission hereby approve and
authorize the City Manager, or his designee, to take the following actions: 1) Submit a grant
application to the Florida Department of Environmental Protection, Land and Water
Conservation Fund, in the approximate amount of $200,000 for Altos Del Mar Park;2) Submit a
grant application to the National Emergency Medicine Association (NEMA) for funding in the
approximate amount of $10,000 for public automated external defibrillators (AEDs); and, 3)
Submit requests to the State Legislature for water projects funding 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 to execute all necessary documents in connection with the aforestated
grants and funding requests, including, without limitation, applications, grant and funding
agreements, and audits.
148
PASSED and ADOPTED this day of 2014.
ATTEST:
Rafael E. Granado, City Clerk
JLM/JW/JMH
T:\AGENDA\20 1 5\February\Grants Reso.docx
Philip Levine, Mayor
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150
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Electing Commissioner Jonah Wolfson, Group lV, As Vice-Mayor, For A Term Commencing
On March 1, 2015 And Terminating On June 30, 2015, Or On Such Date When A New Vice-Mayor ls
Thereafter Elected.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item S ummary/Recommendation :
The City Commission has established a policy of rotating the position of Vice-Mayor every four (4) months.
Since 1994, the rotation has been by Commission group number, in the following sequence: Group l, ll, lll,
lV, V and Vl.
Based on this direction, the nextVice-Mayor Group is Group lV. The term forthe nextVice-Mayor is March
1,2015 and terminating on June 30, 2015. Commissioner Jonah Wolfson is next in the rotation to serve as
Vice-Mayor.
Financia! lnformation :
Source of I I
Funds:t ,-T--lli-++oBPr I rotal
I
Financial lmpact Summary:
Rafael E. Granado, City Clerk
AGENDA.TEn CTRMIAMIBEACHD^TE A- IFIS151
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MAY D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ELEGTING COMMISSIONER JONAH WOLFSON,
GROUP IV, AS VICE.MAYOR, FOR A TERM COMMENCING ON MARCH 1,
2015 AND TERMINATING ON JUNE 30, 2015, OR ON SUCH DATE WHEN A
NEW VICE.MAYOR IS THEREAFTER ELECTED.
ANALYSIS
The City Commission has established a policy of rotating the position of Vice-Mayor every
four(4) months. Since 1994, the rotation has been byCommission group number, in the
following sequence: Group l, ll, lll, lV, V and Vl.
Based on this direction, the next Vice-Mayor Group is Group lV. The term for the next Vice-
Mayor is March 1 ,2015 through June 30, 2015. Commissioner Jonah Wolfson is next in the
rotation to serve as Vice-Mayor.
JLM/REG @
T:\AG EN DAU0 1 5\February\City Clerk's Officevice-MayorVice-mayor. cm. doc
152
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ELECTING COMMISSIONER JONAH
WOLFSON, GROUP IV, AS VICE.MAYOR, FOR A TERM COMMENCING
ON MARCH 1, 2015 AND TERMINATING ON JUNE 30,2015, OR ON
SUCH DATE WHEN A NEW VICE.MAYOR IS THEREAFTER ELECTED.
WHEREAS, the Mayor and City Commission established a policy of rotating the position of
Vice-Mayor every four months; and
WHEREAS, for the term commencing on March 1,2015 and terminating on June 30, 201S,
the Mayor and City Commission herein elect Commissioner Jonah Wolfson as Vice-Mayor.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that Commissioner Jonah Wolfson is hereby elected
as Vice-Mayor of the City of Miami Beach, Florida, for a term commencing on March 1,2015 and
terminating on June 30,2015, or on such date when a new Vice-Mayor is thereafter elected.
PASSED and ADOPTED THIS 1lth day of February 2015.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CITY CLERK
T:\AGENDA\2015\February\City Clerk's Officevice-Mayorvice-mayor - RES.doc
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FORM & IANGUAGE
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153
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154
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the City's 2015116 Federal Legislative Agenda
Kev lntended Outcome Supported:
Supports Multiple KlOs
Supporting Data: Community Satisfaction Survey: Nearly one out of four residents (23o/o) feels the
issue the City should focus on to improve the overall quality of life is parking and traffic. One out of five
residents (19o/o) feels the issue the City should focus on to improve the overallquality of life is improving
infrastructure. One out of ten residents (1 1%) feels that the best way to improve the overall quality of
life in Miami Beach is to address flooding problems. Responses from residents for the "Top 5 Ways to
lmprove the City" were: 'l-lmprove traffic; 2-lmprove infrastructure; 3-lmprove parking; 4-Speed up
construction: S-Address floodinq issues
Item Summarv/Recommendation :
Each year, the Mayor and City Commission adopt the City's funding and legislative prioritles that will be
pursued by the City's representatives in Washington D.C. during the annual Congressional session.
The proposed priorities include project, authorization and policy requests, which will continue to evolve
as the Congressional process continues.
This year, the proposed agenda includes the following:o Coastal Flooding and Sea Level Riseo Transportation. Beach Renourishmento Miami Beach Convention Center. Education. North Beach Revitalization. Flood Insurance. Atlantic Greenway Networko Municipal Bond. Suooort of Local Fundino Proorams
Source
of
Funds
lmpact Summary: N/A
E
Financial
Financial lnformation:
Joe Jimenez, City Manager's Office/Judy Hoanshelt, OBPI
AGENDA .rili c7eMIAMIBEACHoere ro-lhtf155
g MIAMI BEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
OF MIAMI BEACH, FLORIDA, APPROVING
201 5116 FEDERAL LEGISLATIVE AGENDA
COMMISSION OF THE CITY
THE CITY'S FISGAL YEAR
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Each year, the Mayor and City Commission adopt the City's funding and legislative
priorities that will be pursued by the City's representatives in Washington D.C. during the
annual Congressional session. The proposed priorities include project, authorization,
and policy requests which will continue to evolve as the Congressional process
continues. The proposed Federal Legislative Agenda below includes the following items:
Coastal Flooding/Sea Level Rise
The City of Miami Beach urges the Federal Government to identify and fully fund
programs to address coastal flooding caused by sea level rise, climate change, high
tides, and any other source. The City needs resources and funding support to deal with
flooding issues, including improvements and upgrading the stormwater system to include
stormwater pump stations, injection wells, and other technology that increases the
capacity flow of the stormwater system. Additional support to address coastal flooding
including dune system restoration and maintenance, and improving seawalls is also a
necessary component to achieve full infrastructure resilience. Areas with high
groundwater elevation and drainage basins that are barely above sea level should be a
priority, since flooding occurs in many of these basins during periods of high tides when
there has not been any rain. Recurring flooding has a significant environmental, health
and economic impact, causing businesses to be inaccessible and resulting in the
additional cost of replacing and repairing damaged property. The City of Miami Beach
urges the federal government to provide funding for a Federal lnteragency Partnership
related to Sea Level Rise. Additionally, the City strongly supports the establishment of a
National Catastrophe Fund.
Transportation
On December 16, 2014 the President signed the Consolidated and Further Continuing
Appropriations Act, 2015. The bill includes a $500 million authorization for National
lnfrastructure lnvestments, referred to by the U.S. Department of Transportation
(USDOT) as TIGER Discretionary Grants. The City is seeking funding through this
authorization for the following priority transpiration projects:
TO:
FROM:
DATE:
156
Commission Memorandum
February 11,2015
Federal Legisl ative Priorities
1. Beach Corridor Transit Proiect Development (Rapid Transit). The roadways between Miami and Miami Beach are typically heavily
congested. This high ridership corridor has been identified as a
candidate for consideration for premium transit to address east-west
directional travel demands.. The project will serve the cities of Miami and Miami Beach along a 6.5
mile corridor crossing Biscayne Bay to link downtown Miami to Miami
Beach.
2. Enhanced Transit Service (Trollev)
3. lntellioent Transportation Svstem. To relieve traffic congestion and improve traffic flow by retrofitting
intersections with Real Time Signal Control Technology, installing
cameras on high traffic demand/high incident zones and installing travel
time devices along arterial roadways.
Beach Renourishment
The City urges the Army Corps of Engineers to initiate this project and apply for the
necessary permits from the State of Florida to secure the necessary amount of domestic
sand. The City may also pursue options at the federal level to obtain sand from other
sources.
Miami Beach Convention Center
There is a need for federal support for high-impact tourism industry infrastructure
investments, especially in attracting an increased share of worldwide meeting and
convention business. lnfrastructure, such as convention and meeting facilities and related
support systems, including transportation access and energy efficiency are critical to
enhancing the United States' competitiveness in this international marketplace. Providing
support, especially for this large, transformational project will provide a significant return
on investment. The Miami Beach Convention Center is South Florida's third largest
economic engine after Miami lnternational Airport and the Port of Miami. Discussions
about enhancements to the Miami Beach Convention Center have been ongoing for
almost ten years, culminating in a plan of action that was agreed upon by the City of Miami
Beach and Miami-Dade County, in conjunction with interested stakeholders, to develop a
long-term vision and master plan for this regional facility.
The City is seeking to identify opportunities for Federal partnership related to:
o Economic Development with the Department of Commerce
o Water, Sewer and Transportation lnfrastructure with the Department of
Transportation/Convention Center Access and Infrastructure lmprovements
with the Departments of Transportation and Commerceo Security System with the Department of Homeland Security which will be a
Model Security System for Destination Cities.o Sustainability, LEED, Renewable Energy and Green Building Components
with the Department of Energy and the EPA;
o Debt and Equity Funding Opportunities through New Market Tax Credits and
the Department of Treasury;
157
Commission Memorandum
February 11,2015
Federal Legi sl ative Priorities
Education
The City is seeking to identify funds for educational programs through a coordinated
grant development campaign to include funding and legislation. Focus will be on Middle
School AchievemenUNautilus Middle School and STEM education (science, technology,
engineering and mathematics).
North Beach Revitalization
The City proposes to lead an effort to develop a comprehensive plan for revitalization of
the North Beach area of the City. This area is considered blighted and the revitalization
effort is designed to review existing conditions, prepare a vision for the area's future, and
design an implementation strategy to move towards the vision. Federal funds, in the
area of Economic Development are needed for this major revitalization effort.
Flood lnsurance
The City seeks to secure relief from Flood lnsurance changes inordinately affecting
Miami Beach residents, primary and secondary home-owners, and real estate markets.
Atlantic Greenway Network
The City seeks authorization of $12 million for the Atlantic Greenway Network in the new
Transportation Authorization Bill to provide continued funding for alternative modes of
transportation that connect the workforce and consumers with employment, cultural and
tourism centers, parking facilities, parks, and schools. Effective modes of transportation
are crucial to the City's continued economic success. The return on investment of
alternative modes of transportation in dense urban areas is significant since these areas
have already demonstrated the local population's acceptance of the modes.
Municipal Bonds
The City supports the current tax exemption for municipal bonds, and opposes its
elimination. The City further opposes the proposed cap of the exemption at28o/o.
Local Funding Programs
The City opposes funding reductions to programs such as the Community Development
Block Grant, HOME Housing Partnerships, Energy Efficiency Block Grant, Urban Area
Security lnitiative, Hazard Mitigation and Pre-Disaster Mitigation programs. The City will
monitor, report and advocate for full funding of budget allocations which fund social
services and other programs provided by Miami Beach organizations. The City strongly
encourages and supports the direct allocation of federal funding to local governments,
without state and/or county pass-through. The City further feels that this position should
be a key element of the White House's new Urban Policy. The City will pursue funding
under the following specific grant programs/agencies: 1) EDA - Department of
Commerce; 2) Environmental Protection Agency, and 3) Homeland Security.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the City's
fiscal year 2015116 federal legislative agenda.
JLM/JMJ/JMH
T:\AGENDA\201 s\February\Federal Legislative Agenda.docx
158
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING THE CITY'S FISCAL YEAR
201 51 16 FEDERAL LEGISLATIVE AG ENDA
WHEREAS, each year, the Mayor and City Commission adopt the City's funding and
legislative priorities that will be pursued by the City's representatives in Washington D.C. during
the annual Congressional session; and
WHEREAS, it is important that the City of Miami Beach work with its representatives in
Washington D.C. to secure funding for City projects, to implement and change legislation that is
in the best interest of the City, and to liaison with federal agencies on issues that impact the
City; and
WHEREAS, it is imperative that the City's legislative consultant is aware of, and has a
list of, City priorities; and
WHEREAS, the City's legislative consultant has met with the Mayor and City
Commissioners, and the Administration to identify priorities; and
WHEREAS, the proposed priorities include project, authorization, and policy requests
which will continue to evolve as the Congressional process continues.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and
authorize the City's Fiscal Year 2015/16 federal legislative agenda, as attached in Exhibit "A" to
this Resolution.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
T:\AGENDA\201 S\February\Federal Leglslative Reso.docx
flffiffiq#s
159
Exhibit "A"
Federal Legislative Agenda for Fiscal Year 2015116 includes, but is not limited to:
. Coastal Flooding/Sea Level Rise;. Transportation;. Beach Renourishment;. Miami Beach Convention Center;. Education;. North Beach Revitalization;. Flood lnsurance;. Atlantic Greenway Network;o Municipal Bonds; and. Support of Local Funding Programs.
160
COMMISSION ITEM SUMMARY
Condensed Title:
APPROVING THE CITY MANAGER'S RECOMMENDATION OF UNDERWRITERS FOR THE MIAMI
BEACH REDEVELOPMENT AGENCY TAX INCREMENT BONDS, THE RESORT TAX REVENUE
BONDS, THE PARKING REVENUE BONDS FOR THE MIAMI BEACH CONVENTION CENTER
PROJECT AND FOR THE STORMWATER REVENUE BONDS
lntended Outcome
AGENDA trEM c 7D
Maximize the Miami Beach Brand as a Wodd Class Destination
Ensure Reliable Stormwater Management and Resiliency Against Flooding By lmplementing
Select Short and Lono Term Solutions
pporting Data (Surveys, Environmental Scan, etc
Item Summary/Recommendation :
The Mayor and City Commission accepted the City Manager's recommendation to create a pool of 15
firms for underwriting services at their meeting on April 14,2010.
The process to select firms to serve as a senior or co-manager for a particular issue involves a review
of work previously assigned to the various firms during the term of the pool, experience in and
commitment to Florida municipal finance, the capability of a firm to senior manage complex credit
structures, the size of the bond issue to be sold, and the various markets that the firm has access to
for marketing and distribution. A firm's response to other business requests, such as the City's Line of
Credit, and resulting commitment to the City is also considered. The list of firms is recommended by
the City Manager following consultation with the City's Chief Financial ffiicer and Financial Advisor.
Since the time that the 15 firms were originally selected for the underwriting pool, two firms no longer
have public finance representatives in Florida and one firm has withdrawn. All of the 12 remaining
firms are included in the recommended teams for the 2015 financings.
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation of underwriters for the Miami Beach
Redevelopment Agency Tax lncrement Bonds, the Resort Tax Revenue Bonds, the Parking Revenue
Bonds for the Miami Beach Convention Center and for the Stormwater Revenue Bonds
Financial !nformation:
Source of
Funds:
Amount Account
1 To be paid from bond proceeds at the time of
issuance
2
3
OBPI Tota!
Financia! lmpact Summary:
T:\AGENDA\201S\February\mbcc and stormwater underwriting teams - summary.docx
MIAMIBEACH n^fE a-lh t{161
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochf .gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
the City
OF MIAMI BEACH, FLORIDA, APPROVING THE CITY MANAGER'S
RECOMMENDATION OF UNDERWRITERS FOR THE MIAMI BEACH
REDEVELOPMENT AGENGY TA)( INGREMENT BONDS, THE RESORT
TA)( REVENUE BONDS, THE PARKING REVENUE BONDS FOR THE
MIAMI BEACH CONVENTION CENTER PROJECT AND FOR THE
STORMWATER REVENUE BONDS
ADM!NISTRATION RECOMMENDAT!ON
Approve the resolution.
BACKGROUND
On December 9, 2009, the Administration recommended that the Mayor and City Commission
authorize the issuance of a Request for Proposals (RFP) to select a pool of investment banking
firms to provide Undenruriter Services for the issuance of various long-term municipal bonds.
RFP No. 15-09i10 for Underwriter Services for a Five Year Period, with five one year renewals
was issued on January 27, 2010, with an opening date of February 24, 2010. The Mayor and
City Commission accepted the City Manager's recommendation to create a pool of 15 firms for
undenruriting services at thelr meeting on April 14,2010.
The selected firms participate in the bond issues by assisting the City, its Chief Financial Officer
and its Financial Advisor, Julie Santamaria RBC Capital Markets, with the development of
financing structures, preparation of preliminary and final official statements, bond resolutions,
and other documentation as may be required. The undenruriters price, market and sell the
bonds to investors in municipal securities.
Additionally, firms appointed as the senior managing undenrvriter are required to provide the
services listed below throughout the proposed engagement. Co-managing undenarriters provide
assistance as requested and support in the marketing, distribution and undenrvriting of the
assigned transactions. The City, at its sole discretion, may select one or more firms to serve as
senior manager or co-manager from the undenarriting team for each of its bond financings. The
City reserves the right to assign less than all of the members of the underwriting pool for a
particular financing, and reserves the right to remove any undenarriter from participation in the
underwriting syndicate if the underwriter and the City are unable to agree on any provision of
162
the bond purchase contract. All fees are contingent upon the issuance of the proposed bonds.
The required services include, but are not limited to, the following:
1. Participate in drafting of all bond documents, including the Official Statement.
2. Assist in preparation and discussions with rating agencies and bond insurers, if
requested.
3. Make recommendations for the proposed financing, including, but not limited to, the
timing of the sale, the overall sales approach, the structure of the bonds, the call
provisions, and the use of credit enhancement.
4. Lead the underwriting team in marketing and distributing the bonds to both retail and
institutional investors.
5. Underwrite the financing based upon terms and conditions agreed to by both the City,
financial advisor, and the underwriters in the Bond Purchase Agreement.
6. Assist with the closing of the financing, including reviewing all closing documents and
providing a post-financing report to the City which highlights the key characteristics of
the financing.
ANALYS!S
The process to select firms to serve as a senior or co-manager for a particular issue involves a
review of work previously assigned to the various firms during the term of the pool, experience
in and commitment to Florida municipal finance, the capability of a firm to senior manage
complex credit structures, the size of the bond issue to be sold, and the various markets that the
firm has access to for marketing and distribution. A firm's response to other business requests,
such as the City's Line of Credit, and resulting commitment to the City is also considered. The
list of firms is recommended by the City Manager following consultation with the City's Chief
Financial Officer and Financial Advisor. Since the time that the 15 firms were originally selected
for the underwriting pool, two firms no longer have public finance representatives in Florida and
one firm has withdrawn. All of the 12 remaining firms are included in the recommended teams
for the 2015 financings. The firms proposed are as follows:
$350.000.000 Redevelopment Aqency Tax lncrement Revenue Bonds
Senior Manager
Co-Manager
Senior Manager
Co-Manager
$205.000.000 Resort Tax Revenue Bonds
- Morgan Stanley
- Wells Fargo Securities, lnc.- Bank of America Merrill Lynch- Raymond James Morgan Keegan
- Loop Capital Markets
- Bank of America Merrill Lynch
- Citigroup- Morgan Stanley- MFR Securities, lnc. (Ramirez)
- Siebert Brandford Shank
163
$60.000.000 Parkinq Revenue Bonds
Senior Manager - JP MorganCo-Manager - SunTrust Robinson Humphrey- Estrada Hinojosa & Co.
$1 00.000.000 Stormwater Revenue Bonds
Senior Manager - Wells Fargo Securities, lnc.Co-Manager - Citigroup- MFR Securities, lnc. (Ramirez)
- Siebert Brandford Shank
A list of the undenruriter's previous transactions with the City during the term of the pool and the
resulting total participation in the City's bond financings based on this recommendation is
provided on the following page.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation of undenryriters for the Miami
Beach Redevelopment Agency Tax lncrement Bonds, the Resort Tax Revenue Bonds, the
Parking Revenue Bonds for the Miami Beach Convention Center Project and for the Stormwater
Revenue Bonds.
JLM/PDW
164
Firm
Se nior
Manaqer Co Manaqer Total
Proposed 201 5 Transactions
Senior Co
Manager Manager Total
# lssues # lssues # lssues
City of Miami Beach, Florida
Current Team of lnvestment Banking Firms
As ol 212115
Undenrvriting Experience with the City
Since 2010
Total After Proposed 2015
Transactions
Senior
Manager Co Manager Total
###
lssues Year lssues Year lssues
##
lssues Year lssues
#
Year lssues
1
2
3
4
5
6
7
Bank of America Merrill Lynch 0
Citigroup
Estrada Hinojosa
Fifth Third*
JP Morgan
Loop Capital Markets
MFR Securities (Ramirez)
8 Morgan Stanley
9 Raymond James Morgan Keegan
10 Siebert Brandford Shank
11 Steme Agee.
12 SunTrust Robinson Humphrey
1 2011
1 2010
1
1
2
2
1
0
I
I
2
2
1
2
n
1
2
1
2
1
0
0
1
2
1
1
2
0
1
1
0
0
0
I
0
0
I
0
0
0
0
1
I
0
1
1
0
1
2
0
1
1
0
1 2015
2015,
2011
201s,
2010
2015,
2011
2015,
2010
2015
2015,
201 1
2015,
2010
2015
2015,
2011
2015
0
0
0
2
0
0
1
1
0
1
0
1
2
a
2
0
0
2
2
2
2
2
0
2
1
3
3
2
0
2
2
2
3
3
2
1
2
2
0
0
1 2011
0
0
0
1 2011
0
1 2011
1 2010
0
0
2015,
2011
2015
2011
2010
2015
2010
2011
2010
2011
1
0
0
1
0
13 Wells Fargo Securities 0 0
'No longer has public finance representatires based in Florida.
FirstSouthwestresigned from the City's underwriting pool during fie ln\€stmentAdvisorprocurementprocess in20'14.
165
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, APPROVING THE CITY MANAGER'S
RECOMMENDATION OF UNDERWRITERS FOR BONDS THE CITY
ANTICIPATES WILL BE ISSUED IN 2015, INCLUDING STORMWATER
REVENUE BONDS AND BONDS RELATING TO THE MIAMI BEACH
CONVENTION CENTER RENOVATION AND EXPANSION PROJECT
("MBCC PROJECT"), INCLUDING MtAMt BEACH REDEVELOPMENT
AGENCY TAX INCREMENT BONDS, RESORT TAX REVENUE BONDS,
AND PARKING REVENUE BONDS.
WHEREAS, on January 27, 2010, the City issued RFP No. 15-09110 for Underurrriter
Services for a Five Year Period, with five-one year renewals, to select a pool of investment
banking firms to provide Undenvriter Services for the issuance of various longterm municipal
bonds; and
WHEREAS, on April 14, 2010, the Mayor and City Commission accepted the City
Manager's recommendation to create a pool of 15 firms for undenruriting services; and
WHEREAS, the process to select firms to serve as a senior or co-manager for a
particular issue involves a review of work previously assigned to the various firms during the
term of the pool, experience in and commitment to Florida municipal finance, the capability of a
firm to senior manage complex credit structures, the size of the bond issue to be sold, and the
various markets that the firm has access to for marketing and distribution; and
WHEREAS, after considering the foregoing factors, the list of firms attached hereto as
Exhibit "A" is recommended by the City Manager following consultation with the City's Chief
Financial Officer and its Financial Advisor RBC Capital Markets.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida approve the City Manager's recommendation of
undenvriters set forth in Exhibit "A" attached hereto, for bonds the City anticipates will be issued
in 2015, including Stormwater Revenue Bonds and bonds relating to the MBCC Project,
including Miami Beach Redevelopment Agency Tax lncrement Bonds, Resort Tax Revenue
Bonds, and Parking Revenue Bonds.
PASSED and ADOPTED this 11th day of February,2015.
MAYOR
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
L- + -t5
Doter=H*t
166
Exhibit "A"
PROPOSED LIST INVESTMENT BANKING FIRMS TO
PROVIDE UNDERWRITER SERVICES
FOR THE ISSUANCE OF THE PROPOSED LONG-TERM MUNICIPAL BONDS
$350.000.000 Redevelopment Aoencv Tax Increment Revenue Bonds
Senior Manager - Morgan StanleyCo-Manager - Wells Fargo Securities, lnc.- Bank of America Merrill Lynch
- Raymond James- Loop
$205,000.000 Resort Tax Revenue Bonds
Senior Manager - Bank of America Merrill LynchCo-Managet - Citigroup- Morgan Stanley- MFR Securities, lnc. (Ramirez)
- Siebert Brandford Shank
$60.000,000 Parkinq Revenue Bonds
Senior Manager - JP MorganCo-Manager - SunTrust Robinson Humphrey- Estrada Hinojosa & Co.
$1 00.000.000 Stormwater Revenue Bonds
Senior Manager - Wells Fargo Securities, lnc.Co-Managet - Citigroup- MFR Securities, lnc. (Ramirez)
- Siebert Brandford Shank
167
THIS PAGE INTENTIONALLY LEFT BLANK
168
COMMISSION ITEM SUMMARY
Condensed Title:
@CityCommissionauthorizingtheCityManagertoissueanRFPforeligiblepublicservice,
housing, and capital activities to be funded from the City of Miami Beach FY 201512016 entitlement allocations from the U.S.
of inq & Urban
Supporting Data (Surveys, EnvironmentalScan, etc.: N/A
Item Summary/Recommendation :
As an entitlement community, the City receives an annual allocation of HUD funding. HUD requires the City (and all
participating jurisdictions) to submit a Five-Year Consotidated Plan establishing the strategic framework upon which the City
will utilize funOs. The Consotidated Plan is refined each year through the required submission of the One-Year Action Plan
which specifically defines the projects and activities funded by that year's HUD allocation. Historically, the City's CDBG funds
have been used for public services, housing, code enforcement, and public facilities improvements; while HOME funds have
been used for affordable rental housing and first-time homeownership.
The City must submit the FY 2015/2016 One-Year Action Plan lor HUD's approval by August 14, 2015. As such, it is
necessary to begin the screening process for proposed activities. The process includes: release of the RFP; review by staff to
determine comflete/eligible RFP submissions; evaluation/scoring/recommendations by the Affordable Housing Advisory
Committee (AHAC); review of AHAC recommendations with the Administration; 30-day Comment Period to receive public
input; City Commission approval; and, finally, submission to HUD.
FY 201512016 funding allocations have not been announced by HUD. However, based on the HUD-imposed timeline for
preparation and submission of the Action Plan, lhe Administration recommends authorizing the City Manager to issue the
ittached Requests for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY 201512016
entilement aliocations from HUD. Based on current projections, the RFPs will be issued with a 5% reduction from actual FY
2014t2015 allocations. The RFPs will be issued with a qualification that the award of funds is subject to the actual HUD
funding allocations.
Financial lnformation :
Source of Funds:Amount Account
1 N/A
2
3
Total
Financial lmpact Summary: N/A
Maria L. Ruiz/Housing & Community Services
Department Director Assistant Ci$r Manager \ Gity lllanager
MLR. -y'C *""[l ill/-(,,(JLM kl\
AGENDA trE|flt c7 E
o^rE &/l-tfE MIAMIBEACH 169
E MIAMI BEACH
City of Miomi Beqch, ,l700 Convenlion Cenier Drive, Miomi Beoch, Florido 33,] 39, ly:gy..np!0ibcsehfkav
CO SSION MEMORANDUM
Mayor Philip Levine and Members o the City
Jimmy L. Morales, City Manager
February 11,2015
A RESOLUTION OF THE MAYOR AND CIry COMMISSION AUTHORIZING
THE CITY MANAGER TO ISSUE A REQUEST FOR PROPOSALS (RFP)
FOR ELIGIBLE PUBLIC SERVICE, HOUSING, AND CAPITAL ACTIVITIES
TO BE FUNDED FROM THE C!ry OF M!AM! BEACH FISCAL YEAR
2015t2016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIPS (HOME) ENTITLEMENT
ALLOCATIONS FROiN THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD).
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
The City of Miami Beach is a U.S. Housing and Urban Development (HUD)-designated
entitlement community as determined by the decennial census information on population growth
lag, age of housing stock, and poverty. The City was designated a Community Development
Block Grant (CDBG) Program entitlement jurisdiction in 1975, and has been receiving HOME
lnvestment Partnerships (HOME) Program funds since the program's inception in 1992. While
the CDBG Program provides funding for public services, housing, and capital projects; the
HOME Program provides funding specifically designated for affordable housing to strengthen
public/private housing partnerships and expand the supply of decent, safe, sanitary, and
affordable housing for low- and moderate-income individuals and families.
As an entitlement community, the City receives an annual allocation of HUD funding. To receive
the funds, HUD requires the City (and all participating jurisdictions) to submit a Five-Year
Consotidated Ptan which establishes the strategic framework upon which the jurisdiction will
utilize its funds. The Consolidated Planis refined each yearthrough the required submission of
the One-Year Action P/an which specifically defines the projects and activities funded by that
year's HUD allocation. Historically, the City's CDBG funds have been used for public services,
housing, and public facilities improvements; while HOME funds have been used for affordable
rental housing and first-time homeownership.
ANALYSIS
The City must submit the FY 2015/2016 One-Year Action Plan to HUD for its approval by
August 14, 2015. To allow enough time to complete the development process of the Action
TO:
FROM:
DATE:
SUBJECT:
170
HOME and CDBG RFP Release
Page 2
February 11,2015
Plan, it is necessary to begin the proposal screening process as soon as possible. The process
includes the following steps:
o Release of Request for Proposals(RFP) for 3O-days. lnitial RFP review by staff to determine complete/eligible submissions
o Evaluation/Scoring/Recommendations by the Affordable Housing Advisory
Committee(AHAC) absorbing the functions previously performed by the Community
Development Advisory Committee for CDBG-funded activities. Review of AHAC recommendations with the Administrationo 30-day Comment Period to receive public input. City Commission approval. Submission to HUD
The City has not yet been notified of the amount of funding that it will receive for FY 201512016.
HUD will nonetheless hold the City to the required timeline for completion and submission of the
Action Plan. Therefore, staff is proposing the issuance of the CDBG and HOME RFPs indicating
estimated funds available and a qualifying statement that the award of funds is subject to the
actual allocations of HUD.
For FY 201412015 the HUD allocations were $935,610 and $460,426 for CDBG and HOME,
respectively. Based on the current trend toward funding reductions in HUD programs, staff is
recommending release of the RFPs with five percent (5%) reductions in the amount of funds
available. This would mean available funds of $888,829 for CDBG and $437,404 for HOME.
Last year, the City set aside funds for specified internally-managed activities (i.e. North Beach
Fagade lmprovement Program; emergency rent, utility and food assistance). These funds were
excluded from consideration for competitive award. The Administration seeks to continue this
practice and include the necessary funding to install security cameras at North Shore Open
Space Park, a public park serving North Beach, the City's designated CDBG entitlement area.
CONCLUSION
The Administration recommends authorizing the City Manager to issue the attached Requests
for Proposals (RFPs) for eligible activities to be funded from the City of Miami Beach FY
201512016 CDBG and HOME entitlement allocations from the U.S. Department of Housing and
Urban Development (HUD).
JLM/KGB/MLR
T:\Agenda/201 S/february/housing & community services/FY201 5-16 CDBG-HOME RFP lssuance Memo
171
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO TSSUE A REQUEST FOR PROPOSALS (RFP) FOR ELIGIBLE PUBLIC SERVICE,
HOUSING, AND GAPITAL ACTIVTTIES TO BE FUNDED FROM THE CITY OF MIAMI BEACH
FISCAL YEAR 201512016 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME
TNVESTMENT PARTNERSHIPS (HOME) ENTITLEMENT ALLOGATIONS FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
WHEREAS, the City is an entitlement recipient of HUD formula grant programs as follows:
Community Development Block Grant (CDBG) funds, and HOME lnvestment Partnerships (HOME)
funds; and
WHEREAS, CDBG funds are used to provide vital public services, housing activities, code
enforcement, and improvements to public facilities and HOME funds are used for affordable housing
activities, including multi-family rentals and first-time homeownership; and
WHEREAS, the City expects to continue to receive entitlement funds from these grant
programs to operate the City's housing and community development activities; and
WHEREAS, the City will issue a Request for Proposals (RFP) for the FY 201512016 CDBG
funds and the FY 2015t2016 HOME funds to ensure compliance with the HUD rules and regulations;
and
WHEREAS, the City will prepare and submit to HUD an AnnualAction Plan, approved by the
City Commission, based on activities that the City wishes to fund from the FY 201512016 entitlement
allocations; and
WHEREAS, the Annual Action Plan for Federal funds is a requirement under the HUD
formula grant programs, which include the CDBG and HOME Programs; and
WHEREAS, the City Manager is the designated agent for all HUD formula grants, and
executes the grant applications, grant agreements, and other applicable HUD documents on behalf
of the Ci$.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE C|TY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission authorize the City
Manager to issue a Request for Proposals (RFP) for eligible pubtic service, housing, and capital
activities to be funded from the City of Miami Beach fiscal year 201512016 Community Development
Block Grant (CDBG) and HOME lnvestment Partnerships (HOME) entitlement allocations from the
U.S. Department of Housing and Urban Development (HUD).
PASSED AND ADOPTED this
-day
of.2015.
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
EXECUTION
I-1-\5
-
Dote
CITY CLERK MAYOR
City Attorney
, l-
172
Annual Federal Entitlement Funds Application- February 2015
b
--
:MIAMIBEACH
City of Miami Beach
Request for Proposals (RFP)
FY L5/ 16 HOME !nvestment Partnership (HOME) Funds
Deadline for Submissions:
Frid dy , April 3, 2015 at 3:00pm
must be received by 3:O0pm on Friday, April 3, 2015. Any application received after that time will not
. The responsibility for submitting applications on or before the stated time and date is solely the responsi
the Applicant. The City wil! not be responsible for delays caused by mail, courier services or any other entity
City of Miami Beach
Office of Housing & Community Services
555 -17th Street
Miami Beach, Florida 33139
Telephone: ?05-673-7260 Fax:305-504-2421
Website: www.miamibeachfl.gov Email: mariaruiz@miamibeachfl.gov
City of Miami Beach/
Housing and Community Services173
Annual Federal Entitlement Funds Application- February 2015
Mayor & Members of the City Commission:
Philip Levine, Mayor
Michael Grieco, Commissioner
Joy Malakoff, Commissioner
Micky Steinberg, Commissioner
Edward L. Tobin, Commissioner
Deede Weithorn, Commissioner
Jonah Wolfson, Commissioner
City Administration:
Jimmy L. Morales, City Manager
Kathie G. Brooks, Assistant City Manager
Jose Jimenez, Esq., Assistant City Manager
Mark Taxis, Assistant City Manager
Housing & Community Development Staff:
Maria L. Ruiz, Director
Alejandro Ballina, CDBG Coordinator
A. Richard Bowman, HOME Coordinator
Alice Waters, Financial Analyst
Omar Barrera, Office Associate V
Gianina Ghirardi, Office Associate lll
g MIAMIBEACH
City of Miami Beach/
Housing and Community Services174
Annual Federal Entitlement Funds Application - February 2015
Notice of Funding Availability (1 of 3)
The City of Miami Beach is an entitlement grantee of federal funds. lt receives an annual allocation of funding for the HOME
lnvestment Partnership Program (HOME) and Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD). The City is entitled to these funds because its population, housing
and/or demographic characteristics meet the formula requirements needed to obtain funding.
HUD requires the City complete a five-year Consolidated Plan that includes a housing assessment, market analysis and
assessment of community development needs. The Consolidated Plan is meant to address the needs of low- and moderate-
income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and
objectives for community development programs and sets the framework for subsequent One Year Action Plans that
describe specific activities that will be funded through the City's HUD-funded grant programs.
As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum
feasible priority to activities which:
I Benefit low- and moderate-income persons and households;
, Aid in the prevention or elimination of slums and blight; or
i Meet other community development needs having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those
which have no other financial resources available.
The City of Miami Beach is projecting the availability of the following FY 2075/16 funds subject to the availability and
allocation by HUD:
HOME Entitlement
City Administration (10%)
CHDO Set Aside (15%)
s
5
s
437,404
46,042
55,611
The City obtained authorization from the Mayor and City Commission on February LL,2OLS to issue the attached Request For
Proposals (RFP) to solicit eligible affordable housing, capital and public service projects within the City.
February tL,2OtS Authorization from the Mayor & Commission to issue RFp
February 13,2015 RFP lssued
February 26,zOtS Applicant conference to address RFP questions convened - Attendance is Mandatory
March 2O,2Ol5 Last day for written questions
April3,2015 Deadline for receipt of RFP applications
April 5 - April 17, 2015Staff review of applications
May 13,2015
June 10,2015
June 11,2015
Meeting of Affordable Housing Advisory Committee to review applications and make
funding recommendations to the Mayor and Commission
Submit funding recommendations to Mayor & Commission for award
Commence 30-Day Comment Period
City of Miami Beach/
Housing and Community Services175
Annual Federal Entitlement Funds Application - February 2015
Notice of Funding Availability (2 of 3)
Eligible Categories for Use of HOME Program funds under this RFP
. Rehabilitation of existine multi-familv buildinss (more than 4 units)
Rehabilitation of existing multi-family buildings to provide safe, decent, sanitary rental housing to income-eligible tenants.
Construction activities must commence within 12 months of entering into a contract with the City for HOME Program funds.
Projects may be proposed to provide all HOME-assisted units or mixed-income units.
. Acquisition and rehabilitation of existine multi-familv buildines (more than 4 units)
Existing multi-family buildings may be acquired and rehabilitated to provide safe, decent, sanitary rental housing to income-
eligible tenants. Construction activities must commence within 12 months of entering into a contract with the City for HOME
Program funds. Projects may be proposed to provide all HOME-assisted units or mixed-income units.
. Acquisition and rehabilitation of existins scattered units
Single-family housing (including condominium units) may be acquired and rehabilitated to provide safe, decent, sanitary
rental housing to income-eligible tenants and first-time eligible homebuyers.
HOME-Assisted Units
Proposed projects which contain all HOME-assisted units or mixed-income units will be considered. Refer to CPD Notice 98-
02 "Allocating Costs and ldentifying HOME Assisted-Units in Multi-Unit Projects". The number of HOME-assisted units in a
project is based on the number of units that are acquired or rehabilitated with HOME funds. These units are subject to rent,
occupancy, per unit subsidy limits, and resale/recapture restrictions.
Period of Affordability
Under the HOME Program, HOME-assisted units must meet certain Minimum Affordability Requirements beginning after
project completion. However, the City of Miami Beach requires that the affordability period be extended for a minimum term
of thirty (30) years. The affordability requirements apply without regard to the term of any loan or mortgage or the transfer
of ownership. To enforce the affordability and income eligibility requirements, the City will require the property owner to
execute a Mortgage and Security Agreement, and a Promissory Note, which will be recorded in the public records as a lien
against the property.
HOME Income timit Set-Aside Requirements
The HOME Program requirements for unit occupancy and affordability apply at the time of occupancy or at the time HOME
funds are invested, whichever is later, and throughout the period of affordability. HUD periodically publishes income limits
for the HOME Program.
At the time of the initial rent-up, housing will qualify as affordable only if the project is configured as follows:
1) At least 20 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent
or less of the Area Median lncome, adjusted for family size; and
2) At least 90 percent of the HOME assisted rental units must be occupied by families with household income of 50 percent
or less of the Area Median lncome, adjusted for family size.
City of Miami Beach/
Housing and Community Services176
Annual Federal Entitlement Funds Application - February 2015
Notice of Funding Availability (3 of 3)
Long Term Occupancy Requirements
After projects are initially occupied, owners are required to maintain occupancy of units by low and very low-income persons
for the period of affordability as specified above. Project owners are responsible for maintaining the correct number of High
and Low HOME rent units, establishing systems to recertify tenant income on an annual basis, and adjusting rents for over-
income tenants when required.
Applicant Conference - Mandatory
Applicant's responding to this RFP must attend the Applicant Conference scheduled for February 26,2015 at 9am at the
Housing & community services conference Room, located at 555 - 17th street.
The conference will review application requirements, use of the provided form, and address applicant questions. This is the
only public event for the purposes of addressing questions, concerns or clarification regarding the RFP.
At the conference, attendees will be provided with a submission code that must be inserted in the designated area within the
Applicant lnfo(rmation) tab to enable submission of the application.
Once the RFP is issued, comments raised outside of the Applicant Conference will be addressed via email. euestions can be
posed by sending an email to mariaruiz@miamibeachfl.sov. Replies will be provided and shared with all Applicant
Conference attendees within 48 business hours. The last date to submit written questions is March 20,2OLS.
City of Miami Beach/
Housing and Community Services177
Annual Federal Entitlement Funds Application - February 2014
Priorities
ln order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable
success in project implementation, the following broadly defined priorities and operational imperatives have been
established in the City's FY 2013-17 Consolidoted Plon and summarized for purposes of this RFP as:
i Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach
I Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and
provide planning and administrative support.
) Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the
preservation of historic structures.
Operational lmperatives
ln order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have
been established in the FY 2013-77 Consolidoted Plan and City processes:
) Recipient organizations must have acceptable past and/or current performance on similar projects.
) As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed
project.
) Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and
demonstrated past financial stability (as evidenced in its past two agency fiscal audits).
, Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed
project, i.e. City funds are the last needed to complete the project.
) Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review
which includes a certified Sources and Uses Summary
) Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed
project
, Housing development and property improvement programs are expected to use quality, long-lasting methods and
materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the
proposed project
, The cost of providing housing or services will be considered in evaluating applications and must meet HUD
guidelines
+ Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional
services.
i Funded activities must meet a National Objective within two years of funding award.
Further priority is given to those established housing needs for which there is currently insufficient assistance including:
1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers
2 Multi-family Housing rehabilitation
ln addition, the City will prioritize awards to those projects that align with its Key lntended Outcomes (KtO) as defined in
its current Strategic Plan .The City's l(lOs can be found in its own tab within this workbook.
City of Miami Beach/
Housing and Community Services178
Annual Federal Entitlement Funds Application - February 2015
Eligible Activities
The primary objective of the HOME program is to provide safe, decent and affordable housing to low- and moderate-income
persons and households who earn at or below 80% of the median income.
Funded activities must deliver affordable, decent, safe and sanitary housing for tow- and moderate-income househotds in
the City of Miami Beach.
Applicable lncome Tables are referenced in the corresponding tab in this workbook.
City of Miami Beach/
Housing and Community Services179
Annual Federal Entitlement Funds Application - February 2015
Application lnstructions (1 of 2)
This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only
applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency
name in the Applicant lnformation tab, the name will automatically populate in all other required areas.
Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas
shaded in red are auto-filled. Grey shaded areas require a text input by the applicant.
Threshold items determining the Applicant's responsiveness are indicated as Required
Items requiring signatures are noted as Signatures Needed.
A drop-down menu is provided for each item to enable easy labeling as submitted or not.
Please ensure to update the status for each item.
ln addition, we have left open spaces in the event that the applicant wishes to attach
additional items not uested in the RFP
Checklist
All shaded areas require a response. Those areas in require a manual input.
Items shaded in green require use of the drop-down menu provided.
Applicant lnfo(rmation) Do NoT ALTER ANy AREA SHADED !N RED.
Make sure that both the person preparing the application and the agency's authorized
signatory sign this section once printed in hard copv format.
The Applicant name is auto-populated once you have completed the previous tab.
As you provide the Project Synopsis in the green shaded space provided, please be succinct
but complete in your narrative and run spellcheck before finalizing.
lf you have a Physical Needs Assessment for the proposed project, please include as an
Project Overview attachment.
For Project Partners, list each entity separately and use the drop-down menu to indicate
the type of support provided from each. ln the final column, please list the cash value of
the entity's support.
DO NOT ATTER ANY AREA SHADED IN RED.
Please note there are two pages to this section.
Project lmpact Be certain to answer the questions asked fully. Be succinct but complete in your narrative
and run spellcheck before finalizing.
Please note there are two pages to this section.
Applicant Experience Be certain to answer the questions asked fully. Be succinct but complete in your narrative
and run spellcheck before finalizing.
The Budget form has five columns. The first column should list all of the entities providing
cash, financing or in-kind leverage to the proposed project.
The second column, "Confirmed Receipt", enables you to insert the dollar value of any
commitment that has been secured.
Proiect Budget The third column, "Pending Receipt", enables you to insert the value of any projected
funds that have yet to be secured but may be reasonably expected.
The fourth column, "City Request" enables you to insert the value of funds requested from
the City through this RFP process.
DO NOT ALTER ANY AREA SHADED IN RED.
City of Miami Beach/
Housing and Community Services180
Annual Federal Entitlement Funds Application - February 2015
Application lnstructions (2 of 2l
ln the column labeled "Line ltem Category," list the various project expenses using
drop-down menu provided.
ln each of the following columns to the right, and under "Fund Source", insert the name
Sources & Uses the funding entity and then below the respective amounts allocated to each line item.
A second page is provided if your project has more than five (5) funding sources.
Make sure that both the person preparing the application and the agency's authorized
tory sign this section once printed in hard copy format.
Using the drop-down menus provided, answer each area shaded in green.
Provide a brief but succinct narrative in the space provided that explains how you
agency will measure its impact on the City's Key lntended Outcomes selected.
Affidavit 1 Review and provide signatures requested.
Affidavit 2 Review and provide signatures
Affidavit 3 Review and provide signatures requested.
Review and4
The following attachments are required and must be submitted with the one (1) original hard copy application and two
copies. These attachments should be placed directly following Affidavit 4 with the hard copies.
1. Agency's Articles of lncorporation in their entirety.
2. A current list of the Applicant's Board of Directors and their respective affiliation(s).
3. The Applicant's last two (2) annual financial audits.
4. Letters of commitment/award, contracts or other documents attesting to the evidence of matching/in-kind funds.
Resources or financing.
ile a Subsidy Layering Review is not required at the time of application, it is encouraged as a means of reviewing the
project's fiscal viability. lf provided, this document should follow the required attachments.
lf the applicant wishes to submit additional documents, they may do so. lf provided, these should follow the required
attachments.
Applicants must submit their application(s) as follows:
! One (1) original hard copy with authorizing signatures in blue ink.
! One (1) duplicate hard copy of the original hard copy application.
! One digitalcopy in Excelformat of the application with attachments in PDF format on CD ROM.
Via Hand Delivery: Office of Housing & Community Development, 555 - 17th Street, Miami Beach, Florida 33139. Receipt is
made weekdays, 9am to 4pm excluding legal holidays.
Via Mail Delivery: Office of Community Development, 1700 Convention Center Drive, Miami Beach, Florida 33139
City of Miami Beach/
Housing and Community Services181
Annual Federal Entitlement Funds Application - February 2015
General lnformation (1 of 4)
The following funding is available through this RFP:
HOME Entitlement
City Administration (10%) S
CHDO Project Set Aside (15%) S
460,426
46,O42
69,064
Please note thot these funds ore estimates ond subject to ovailability ond ollocation by HUD.
Determination of Appropriateness
Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible
activity as defined by HUD regulations. Projects must result in the creation of safe, sanitary, decent and affordable housing to
low- and moderate-income persons and households who earn at or below 80% of the median income.
Deadline for Submission
Responses to this RFP are due Friday, April 3, 201,4 at 3:00pm at the Office of Housing & Community Services located at 555 -
17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community
Development, Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139.
Late applications will not be accepted.
FatalFlaws
The following errors, omissions and/or conditions are considered fatal flaws preventing applications from consideration for
funding:
! lncomplete applications (missing any section of the application or omission of required attachments)
! Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership
! erolects with funding gaps despite the potential award of City funds
Submission Requirements
Applicants must submit their application(s) as follows:
n One (1) original hard copy with authorizing signatures in blue ink.
! One (1) duplicate hard copy of the original hard copy application.
tr One digital copy in Excel format of the application with attachments in PDF format on CD ROM.
Directions for Completing the Application
This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only
applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency
name in the Applicant lnformation tab, the name will automatically populate in all other required areas.
Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas
shaded in red are auto-filled. Grey shaded areas require a text input by the applicant.
City of Miami Beach/
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Annual Federal Entitlement Funds Application - February 2015
General Information (2 of 4)
Modifications/Withdrawals of Proposals
An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until
the Application due date and time. Modifications received after the Application due date and time will not be considered.
Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after
expiration of !2O calendar days from the opening of Applications without a contract award. Letters of withdrawal received
after the Application due date and before said expiration date, and letters of withdrawal received after contract award will
not be considered.
RFP Postponement/Cancel lation/Rejection
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFp;
postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a
result of this RFP.
Costs !ncurred by Applicants
All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith,
shall be the sole responsibility (and shall be at the sole cost and expense)of the Applicant, and shall not be reimbursed by the
City.
Exceptions to RFP
Applicants 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
Application. 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 Applicant to comply with the particular term
and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on
the RFP).
Florida Public Records Laws
Applicants are hereby notified that all Applications including, without limitation, any and all information and documentation
submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida public
Records Law including, without limitation, Chapter 119, Florida Statues.
Negotiations
The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding,
the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to
negotiate a contract. lt is also understood and acknowledged by Applicants that by submitting a Application, no property
interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the
City; and executed by the parties.
Observance of Laws
Applicants are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes,
rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner,
may affect the scope of services and/or project contemplated by this RFA (including, without limitation, the Americans with
Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines).
lgnorance of the law(s) on the part of the Applicant will in no way relieve it from responsibility for compliance.
City of Miami Beach/
Housing and Community Services183
Annual Federal Entitlement Funds Application - February 2015
General lnformation (3 of 4)
Conflict of tnterest
All Applicants must disclose, in their Application, 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 Applicants must disclose
the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Applicant entity or any of its affiliates. These same provisions apply for any vendors contracted with these funds who may
have an interest, directly or indirectly, with the Applicant. Disclosures must be submitted in writing, on Applicant letterhead,
at the time of proposal submission.
Applicant's Responsibility
Before submitting a Application, each Applicant 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 Applicant 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 Applicant.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity , and may not transact business with any public entity in excess of the threshold amount
provided in Sec. 287.OL7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
American With Disabilities Act (ADA)
Call (305) 673-726O|VO|CE to request material in accessible format; sign language interpreters (five days in advance when
possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the
Public Works Department, at 305-673-763L.
Acceptance of Gifts, Favors, Services
Applicants 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 Application. 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.
Procurement
While all funded agencies will be required to adhere to procurement guidelines established by HUD, Applicants are advised
that the City reserves the right to proactively review your procurement practices including review of your bid documents
prior to public issuance.
Developer's Fees
Developer's Fees are capped at 15 (fifteen) percent of project costs, proportional to each funding source.
City of Miami Beach/
Housing and Community Services184
Annual Federal Entitlement Funds Application - February 2015
General lnformation (4 of 4)
Contingency Funds
The City reserves the right to require prior City Manager approval for the expenditure of any funds assigned as contingency.
Please note that executed Professionol Justification Affidovits will be required for any expense drawn from contingency
funds.
Proiects with Multiple Funding Sources
Funded projects with two or more funding sources will be required to submit to the City copies of draws/reimbursement
packages submitted to other funding sources to ensure fidelity to single billing standards.
Leadership in Energy and Environmental Design (tEEDl
The U.S. Green Building Council is a non-profit community of leaders working to make green buildings available to everyone.
The U.S. Green Building Council developed the Leadership in Energy and Environmental Design (LEED) Green Building Rating
System to encourage sustainable green building and development practices. LEED is a third-party certification program and
the nationally-accepted benchmark for the design, construction and operation of high-performance green buildings. LEED
promotes a whole-building approach to sustainability by recognizing performance in five key areas of human and
environmental health: 1. Sustainable site developmen! 2. Water savings; 3. Energy efficiency; 4. Materials selection; and 5.
lndoor environmental quality.
LEED is a point-based system where projects earn LEED points for satisfying specific green building criteria. Within each of the
six LEED credit categories, projects must satisfu particular prerequisites and earn points. The six categories include: 1.
Sustainable Sites; 2. Water Efficiency; 3. Energy & Atmosphere;4. Materials & Resources; 5. lndoor Environmental Quality;
and 5. lnnovation in Design.
The number of points the project earns determines the level of LEED Certification the project receives. LEED certification is
available in four progressive levels: 1. Platinum; 2. Gold; 3. Silver; and 4. Certified Environmental benefits.
LEED offers several benefits to the developer, tenant and community including, but not limited to:
. Enhances and protects ecosystems and biodiversity
. lmproves air and water quality
. Reduces solid waste
. Conserves natural resources
. Reduces operating costs
. Enhances asset value and profits
. lmproves employee productivity and satisfaction
. Optimizes life-cycle economic performance
. lmproves air, thermal, and acoustic environments
. Enhances occupant comfort and health
. Minimizes strain on local infrastructure
. Contributes to overall quality of life
The City will award bonus points for projects that include LEED certification as a project outcome.
City of Miami Beach/
Housing and Community Services185
Annual Federal Entitlement Funds Application - February 2015
Application Scoring
Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit
corporations or partnerships. Applicants must have a minimum of five (5) years of experience in the acquisition and
rehabilitation of owner-occupied affordable housing and/or first-time homebuyer programs.
Selection criteria will include, but is not limited to:
1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if
applicable
2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal
regulations
3. Ability to comply with the City's reporting requirements
4. Total project cost
5. Total number of units
6. Leveraging
7. Ability to conform to the City's plan for spatial de-concentration
8. Ability to provide homeowners with HUD-Certified Homeownership Counseting
9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting
10. Ability to demonstrate that the organization participates in the Welfare Transition Program
The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the
requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated plan. All eligible
applications will be submitted to the City's Affordable Housing Advisory Committee. The Committee will review all
applications in accordance with the criteria as outlined in the RFp.
Sections within the RFP are weighted and their respective values are noted below:
Applicant lnfo(rmation)
Project Overview
Project lmpact
Applicant Experience
Project Budget
Sources & Uses
5
20
20
25
20
5
5
100
City of Miami Beach/
Housing and Community Services186
Annual Federal Entitlement Funds Application - February 2015
Scoring Criteria
Proposals are scored based on the viability, fiscal soundness and capacity of the applicant. The following factors are
considered by staff in evaluating applications:
Site Control
The Applicant should have site control of the property being improved. This can be either as the owner of the property or as
the Developer (memorialized through Memoranda Of Understanding or development agreement).
Permits
Have permits been obtained for the project? This provides progress context for the evaluation.
lnfrastructure
ls there appropriate infrastructure or access to infrastructure? This provides viability perspective.
Project Size
How many units of affordable housing will be created/preserved? This determines impact.
Funding
Has all project funding been secured? This addresses viability and Applicant capacity.
Leverage
How much money is needed from the City? The lower the ratio to cash-in-hand, the stronger the proposal.
Experience
How long has the Applicant developed affordable housing? What success has been achieved? This speaks to experience,
capacity and project viability.
Work History
How many units of affordable housing has the Applicant produced? This speaks to capacity and experience.
Energy Efficiency Features
Has the Applicant incorporated energy efficient features whenever possible? This speaks to project longevity.
City of Miami Beach/
Housing and Community Services187
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188
Annual Federal Entitlement Funds Application - February 2015
Uniform Relocation Assistance (URA)
lf a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is
occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the
URA.
1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is
made.
2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to
understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances
are changed by a project - either by higher rents or involuntary moves - must be protected and compensated.
3. The relocation rules are not all one-sided. There are actions that can be taken to control costs and prevent displacement.
These actions include informing tenants about the project, treating them fairly during the process, staging work if it is
feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the
process.
4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers
can alltake actions which can incur a financial liability. Displaced tenants are entitled to 42 ot 50 months of rental assistance
depending on the situation. Many claims exceed 510,000. Although some claims are unavoidable, there is no reason to incur
these costs by failure to follow the rules.
5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction
timing and project feasibility can be considered before they are a crisis.
6. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work.
The Developer and the City must work together.
7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information
about the pending application. lf the project is approved, they must be advised about any changes that will occur to their
situation. lf they are not advised - and move - they could claim that they were displaced even if that was not intended and
they could be eligible for considerable financial compensation. lf they must be displaced, they must be offered a comparable
replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days
notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to
them.
City of Miami Beach/
Housing and Community Services189
Annual Federal Entitlement Funds Application - February 2015
Applicant lnformation
Applicant Name:
Applicant Address:
Telephone Number:
Executive Director:
Contact Person:
Board Secretary:
Employer ldentification Number:
ls applicant a CHDO for the City of Miami Beach:
Fax Number:
E-MailAddress:
E-MailAddress:
E-MailAddress:
Corporate Status:
Submission Code:
Applicant's Articles of lncorporation
nternal Revenue Services (lRS) Designation Letter
3urrent Board of Director's Membership with Professional Affiliations
Proposed Project Summary
Project Location (Address & Zip Code):
Project Category:
Project Type:
#of Units to be Created/Rehabilitated:
Project Budget:
Amount of Secured Funding:
Amount of Funding Requested from City:
Agency Budget:s
S
s
Subsidy Layering Review completed within past sixty (50) days
On behalf of the applicant organization, we certify that all of the information contained in this application is true and
accurate. We further understand that the material omission or inclusion of false information contained in this application
constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an
application, we, as the authorized representatives for the organization, are accepting the terms and conditions as they
appear in the Request For Proposals February 2015.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Project Funding Level:
City Funding level:
Cost P/Unit:
Project Outlook:
#Dtv/o!
#Drv/o1
City of Miami Beach/
Housing and Community Services
5 Points
190
Annual Federal Entitlement Funds Application - February 2015
Submission Checklist
Please verify that the following has been completed and submitted by the submission deadline as noted:
Applica nt I nfo( rmation) (Signatures Needed) - Req u i red
Submission Checklist (Signatures Needed) - Required
Project Overview - Required
Project lmpact - Required
Applicant Experience - Required
Project Budget - Required
Sources & Uses (Signatures Needed) - Required
Priority Alignment - Required
Affidavit 1{Signatures Needed) - Required
Affidavit 2 (Signatures Needed) - Required
Affidavit 3 (Signatures Needed) - Required
Affidavit 4 (Signatures Needed) - Required
Applicant's Articles of lncorporation - Required
Applicant's lnternal Revenue Services Designation Letter - Required
Current Board of Director's with Professional Affiliations - Required
Physical Needs Assessment - Required
Applicant Agency's Last Two Annual Audits - Required
Evidence of Matching Funds/Leverage - Required
Title, Mortgage or Other Proof of Property Ownership/Control - Required
Subsidy Layering Review - Optional
Project Renderings - Optional
Building Permits, if obtained - Optional
Property Appraisal - Optional
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services191
Annual Federal Entitlement Funds Application - February 2015
Project Overview
Applicant: 0 Project Type:
Project Synopsis
ln the spoce below, provide o brief synopsis of your proposed project including current stotus, locotion, scope ond beneficiories.
Project's IEED Certification Sought:
Physical Needs Assessment (conducted by third party)
Title, Mortgage or Other Proof of Property Ownership/Control
Pleose list the entities providing cosh, financing ond other support to proposed proiect.
FiscalCheck:#VALUE!
20 Points
City of Miami Beach/
Housing and Community Services192
Annual Federal Entitlement Funds Application - February 2015
Project lmpact ( 1 of 2)
Applicant:
ln the spoce below, onswer the following questions ond provide ony odditionol informotion regarding the project's impoct:
1. Describe the scope of your proposed project including a summary of planned construction goals.
2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent).
City of Miami Beach/
Housing and Community Services
10 Points
193
Annual Federal Entitlement Funds Application - February 2015
Project lmpact (2 of 2l
Applicant: 0
ln the spoce below, onswer the following questions ond provide any odditional informotion regording the project's impact:
1. Describe if tenants will be relocated and, if so, summarize relocation plan.
2. Provide a brief project timeline.
City of Miami Beach/
Housing and Community Services
10 Points
194
Application for Recaptured Federal Funds - February 2014
Applicant Experience (1 of 2)
Applicant: 0
ln the spoce below, onswer the following questions ond provide any odditionol informotion regarding opplicant experience.
1. Describe experience in developing, rehabilitating and/or managing affordable housing.
2. Provide specific examples of successful projects.
City of Miami Beach/
Housing and Community Services
10 Points
195
Application for Recaptured Federal Funds - February 2014
Applicant Experience (2 of 2l
Applicant: 0
ln the spoce below, onswer the following questions ond provide any odditionol informotion regarding applicont experience.
1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples.
City of Miami Beach/
Housing and Community Services
15 Points
196
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199
Annual Federal Entitlement Funds Application - February 2015
Operating Budget Overview
Pleose provide informotion regording the operating budget for the project once completed ond operationol.
Gross Rent
Vacancy Allowance
Other lncome
# of Units
(Amount may not exceed 70 %)
Describe:
S
S
s
S
s
S
S
S
S
S
Management Fee
AdditionalAdmin Costs
Monthly Maintenance
Extermination
Landscaping
Waste/Trash Removal
Property lnsurance
Real Estate Taxes
Other: Specify in next cell
Other: Specify in next cell
Other: Specify in next cell
Other: Specify in next cell
Other: Specify in next cell
Assign fixed monthly volue
(This moy include legol, occounting, odvertising, etc.)
lf less than monthly, pro-rote
lf less thon monthly, pro-rote
Provide estimated volue, if opplicable
s
S
s
s
s
s
s
s
s
S
s
s
S
Mortgage: lnsert Bank in Next Cell
Mortgage: lnsert Bank in Next Cell
Other: Specify in Next Cell
Other: Specify in Next Cell
Other: Specify in Next Cell
s
S
s
S
s
City of Miami Beach/
Housing and Community Services200
Annual Federal Entitlement Funds Application - February 2015
Priority Alignment
Housing Type Being Proposed:
Project Location:
Beneficiaries (List All):
The City of Miami Beach has achieved a great deal by staying focused on its mission, vision and strategic priorities. By using
performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have
seen significant improvements since its plan was chartered.
As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan. At a minimum,
you must select one Key lntended Outcome (KlO) that your project will address. Extra points will be awarded for your ability
to address additional KlOs.
Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals.
Primary KIO Proposed Project WillAddress:
Secondary KIO Proposed Project WillAddress:
Tertiary KIO Proposed Project WillAddress:
ln the space provided below, please describe the measures you will use to quantify your impact on the selected KlOs above.
Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants
served.
City of Miami Beach/
Housing and Community Services
5 Points
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Annual Federal Entitlement Funds Application - February 2015
Acknowledgement of Application Submission
Applicant:
As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami
Beach Request For Proposals for Recaptured HOME funds and agree to the terms, specific limitations, and conditions
expressed herein. ln addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer as
attached.
Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied,
we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the
premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of
relocation assistance that may be needed.
BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and
labeled as "Affidavits" and, if awarded HOME funds, the Applicant will be able to comply fully with the provisions of those
certifications and will be able to comply with all additional applicable federal, state and local requirements, including
procurement and financial management. Applicant also acknowledges that if a funding recommendation is made for less
than the full amount applied for, additional documentation including a revised budget, scope of work and sources and uses
may be requested prior to final finding determinations.
The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant
and may require Applicant to submit documentation verifying such authority.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
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Affidavit of Compliance with Federal, State and Local Regulations
Applicant: 0
The undersigned certify that the information in this application is true and correct. The undersigned further certify that they
are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions
or intentionally misrepresented facts on tihs application, this application will be rejected and the applicant agency may be
unable to participate in any City-funded program for two (2) complete fiscal years.
lf applying for HOME lnvestments Partnership Program funds, the applicant via the undersigned certify that it has read,
understands and agrees to comply with the provisions of 24 CFR 92, and all federal regulations issued thereto by the United
States Department of Housing and Urban Development (HUD).
The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and
laws.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
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Disclosure and Disclaimer
Applicant:
This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's
information and convenience. Any action taken by the City in response to applications made pursuant to this RFA or in
making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in
withdrawing or canceling this RFA, either before or after issuance of an award(s), shall be without any liability on the part of
the City. The contents of this RFA are neither warranted nor guaranteed by the City. Applicants interested in pursuing this
development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions
concerning statements made in this RFA and any supplements thereto. The City reserves the right to reject any and all
applications for any reason, or for no reason, without any resultant liability to the City.
ln its sole discretion, the City may withdraw the RFP either before or after receiving applications, may accept or reject
applications, and may accept applications which deviate from the RFP 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 applications in
response to this RFP.
Following submission of an application, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the application and the applicant including 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 housing development entities. lt is
the responsibility of the applicant 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 RFp.
Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. prospective
applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP 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 application conforming to these requirements will be
selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any
award will be made. Any applicant to this RFP 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
applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the
party submitting such application.
This RFP is made subject to correction of errors, omissions, or withdrawal without notice. lnformation is for guidance only
and does not constitute all or any part of an agreement.
The City and all applicants will be bound only as, if and when an application, 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.
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Disclosure and Disclaimer
Applicant:
Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant
liability to the City.
The City is governed by the Government-in-the-sunshine Law, and all applications and supporting documents shall be subject
to disclosure as required by such law. All documents received by the City shall become public records.
Applicants are expected to make all disclosures and declarations as requested in this RFA. By submission of an application,
the applicant 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 application, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application
is true, accurate and complete to the best of its knowledge and belief.
Notwithstanding the foregoing or anything contained in the RFP, all applicants 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 RFP or any response
thereto or any action or inaction by the City with respect thereto, such liability shall be limited to S1O,OOO.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 RFP, it is
understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from
the RFP shall be governed by and construed in accordance with the laws of the State of Florida.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
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General HOME Program Requirements (1 of 3)
HOME Per-Unit Subsidy Amount
The maximum amount of HOME funds that may be invested on a per-unit basis may not exceed a per-unit dollar amount
established by HUD.
Rental Housing
Referto the HOME Program Final Rule,24 CFR Part92,992.252 and $92.253 for Rental Housing project eualification and for
Tenant Protections.
Eligible Costs
Refer to the HOME Program Final Rule, 24 CFR Part92, 592.205 for a list of eligible project costs.
Prohibited Activities
Refer to the HOME Program Final Rule, 24 CFR Part92,592.2t4 for a list of prohibited activities.
Propefi Standards
Property that is rehabilitated with HOME funds must meet all applicable local codes, rehabilitation standards, ordinances,
and zoning ordinances prior to occupancy. Following rehabilitation, owners will be required to maintain projects in
accordance with all applicable State and local quality standards and code requirements. Proposed rehabilitation projects
must propose to remedy all outstanding code deficiencies. The project owner is responsible for ensuring compliance with
these standards throughout the period of affordability. The City will conduct inspections of all HOME-assisted units according
to the schedule required by the HOME Rule.
Handicapped Accessibility Standards
Rehabilitation projects funded with HOME funds are subject to the Uniform Federal Accessibility Standards (UFAS) under
Section 504 of the Rehabilitation Act of 1973. Alterations are divided into two types:
Substantial Alteration: (Regulatory Citation 24 CFR S.23(a)) Alteration in which the cost of the alterations to a facility of 15 or
more dwelling units (including scattered site housing) equals or exceeds 75 percent of the replacement cost of the completed
facility. Substantial alterations are subject to new construction accessibility requirements.
Alterations that do not meet the definition of substantial (i.e., the development altered has less than 15 units, or the costs
are less than 75 percent of the replacement cost of the completed facility) are covered by "other alterations."
Other Alterations: (Regulatory Citation 24 CFR S.23(b)) Applies to multifamily housing developments of 5 or more dwelling
units (including scattered site housing). These alterations to dwelling units must, to the maximum extent feasible, be made
accessible to and usable by individuals with disabilities. A minimum of 5 percent of the total dwelling units in a building or
development, with a minimum of one unit, must be made accessible for individuals with mobility impairments. ln addition to
providing access to those with mobility impairments, when possible, the unit(s) shall also be pre-wired to facilitate the
installation of auxiliary devices to assist the hearing and the visually impaired.
Alterations to common areas such as entrances, lobbies, and recreation rooms must be made accessible to and usable by
individuals with disabilities to the maximum extent feasible.
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General HOME Program Requirements (2 of 3)
Labor Standards/Prevailing Wages
Every contract for the construction (or rehabilitation) of housing that includes 12 or more units assisted with HOME funds is
required to comply with federal regulations pertaining to labor standards, including the prevailing wage requirements as
determined pursuant to Davis-Bacon (40 USC 276a-5).
Equal Opportunity and Fair Housing
Entities receiving HOME funds are required to comply with all City ordinances, federal laws, executive orders and regulations
pertaining to fair housing and equal opportunity.
Affirmative Marketing
The City has adopted affirmative marketing policies and requirements for rental and homebuyer projects containing S or
more HOME-assisted housing units. Affirmative marketing consists of efforts to provide information and otherwise attract
eligible persons in the housing market area to the available housing without regard to race, color, religion, sex, sexual
orientation, handicap, familial status or national origin. Affirmative marketing requires that entities receiving HOME funds
take every reasonable step to inform and solicit applications from persons in the available housing market who are not likely
to apply for the housing without special outreach and advertising efforts. Entities receiving HOME funds will be required to
comply with the City's affirmative marketing policies and will be required to submit an affirmative marketing plan for the
funded project.
Minority/Women Business Outreach
Entities receiving HOME funds are required to undertake minority/women business outreach to ensure the inclusion, to the
maximum extent possible, of minorities and women, and entities owned by minorities and women, including, without
limitation, real estate firms, construction firms, appraisal firms, management firms, financial institutions, investment banking
firms, underwriters, accountants and providers of legal services.
Section 3
Section 3 of the Housing and Urban Development Act of 1958, as amended in L992, requires that economic opportunities
generated by HUD financial assistance for housing and community development programs be targeted toward low and very
low-income persons. Entities receiving HOME funds are required to comply with Section 3 which provides that, to the
greatest extent feasible, opportunities for training and employment shall be given to lower-income residents of Miami Beach,
and that contracts for work in connection with such projects be awarded to business concerns which are located in or are
owned in substantial part by lower income Miami Beach residents.
Lead-Based Paint
Housing assisted with HOME Program funds is subject to the requirements of 24 CFR Part 35, as amended, and the Lead-
Based Paint Poisoning Prevention Act as amended by Title X of the Housing and Community Development Act of 1992.
Projects assisted with HOME funds may require notification to tenants, disclosure of lead-based paint information,
identification of defective paint surfaces, treatment of defective surfaces, and response to children with elevated blood lead
levels. On September 15, 1999, U.S. HUD issued the final rule entitled "Requirements for Notification, Evaluation and
Reduction of Lead-Based Hazards in Federally Owned Residential Property and Housing Receiving Federal Assistance". This
regulation sets new requirements to prevent childhood lead poisoning in housing assisted or being sold by HUD and other
Federal agencies.
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General HOME Program Requirements (3 of 3)
Debarment/Suspension
Participants in the HOME Program must certify, pursuant to 24 CFR Part24, that neither they or their principals are presently
debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the covered
transaction.
Other Federal Requirements
There are a number of other federal requirements that apply to all HUD-funded programs including the implementation of
HOME Program rental housing activities.
Please acknowledgement acceptance and understanding of General HOME Program Requirements below.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
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Annual Federal Entitlement Funds Application- February 2015
b
--
:MIAMIBEACH
City of Miami Beach
Request for Proposals (RFP)
FY L5/16 Community Development Block Grant (CDBG) Funds
Deadline for Submissions:
Frid dy, April 3,20L5 at 3:00pm
must be received by 3:00pm on Friday, April 3, 2015. Any application received after that time will not
The responsibility for submitting applications on or before the stated time and date is solely the
the Applicant. The City will not be responsible for delays caused by mail, courier services or any other entity
City of Miami Beach
Office of Housing & Community Services
555 -17th Street
Miami Beach, Florida 33139
Telephone: 305-673-7260 Fax: 305-604-242L
website: www.miamibeachfl.gov Email: mariaruiz@miamibeachfl.gov
City of Miami Beach/
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Annual Federal Entitlement Funds Application- February 2015
Mayor & Members of the City Commission:
Philip Levine, Mayor
Michael Grieco, Commissioner
Joy Malakoff, Commissioner
Micky Steinberg, Commissioner
Edward L. Tobin, Commissioner
Deede Weithorn, Commissioner
Jonah Wolfson, Commissioner
City Administration:
Jimmy L. Morales, City Manager
Kathie G. Brooks, Assistant City Manager
Jose Jimenez, Esq., Assistant City Manager
Mark Taxis, Assistant City Manager
Housing & Community Development Staff:
Maria L. Ruiz, Director
Alejandro Ballina, CDBG Coordinator
A. Richard Bowman, HOME Coordinator
Alice Waters, Financial Analyst
Omar Barrera, Office Associate V
Gianina Ghirardi, Office Associate lll
g MIAMIBEACH
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Annual Federal Entitlement Funds Application - February 2015
Notice of Funding Availability (1 of 1)
The City of Miami Beach is an entitlement grantee of federal funds. lt receives an annual allocation of funding for the HOME
lnvestment Partnership Program (HOME) and Community Development Block Grant (CDBG) from the United States
Department of Housing and Urban Development (HUD). The City is entitled to these funds because its population, housing
and/or demographic characteristics meet the formula requirements needed to obtain funding.
HUD requires the City complete a five-year Consolidated Plan that includes a housing assessment, market analysis and
assessment of community development needs. The Consolidated Plan is meant to address the needs of low- and moderate-
income persons and families, including homeless individuals. The Plan establishes the City's program priorities, goals and
objectives for community development programs and sets the framework for subsequent One Year Action Planes that
describe specific activities that will be funded through the City's HUD-funded grant programs.
As an entitlement grantee, the City develops its own programs and funding priorities. However, it must give maximum
feasible priority to activities which:
I Benefit low- and moderate-income persons and households;
+ Aid in the prevention or elimination of slums and blight; or
I Meet other community development needs having a particular urgency because existing conditions pose a
serious and immediate threat to the health or welfare of the community. Urgent needs are defined as those
which have no other financial resources available.
The City of Miami Beach is projecting the followingFY 2OL5/L5 funds subject to the availability and allocation by HUD:
CDBG Entitlement
City Administration (20%)
Public Services Cap (15%)
5
s
$
888,829
L77,766
L33,324
The City obtained authorization from the Mayor and City Commission on February LL,2OL5 to issue the attached Request For
Proposals (RFP) to solicit eligible affordable housing, capital and public service projects within the City.
February l1.,2OLs
February 13,2015
February 26,2O!5
March 20,2OLs
April 3,2015
April6 -L7,2OLs
May 13,2015
June 10,2015
June 11,2015
Authorization from the Mayor & Commission to issue RFP
RFP lssued
Applicant conference to address RFP questions convened - Attendance is Mandatory
Last day for written questions
Deadline for receipt of RFP applications
Staff review of applications
Meeting of Affordable Housing Advisory Committee to review applications and make
funding recommendations to the Mayor and Commission
Submit funding recommendations to Mayor & Commission for award
Commence 30-Day Comment Period
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Annual Federal Entitlement Funds Application - February 2015
Priorities
ln order to guide outside agencies that are seeking funding, establish parameters for the project selection process and enable
success in project implementation, the following broadly defined priorities and operational imperatives have been
established in the City's FY 2OL3-17 Consolidated Plan and summarized for purposes of this RFP as:
) Affordable housing and compliance with Equal Opportunity and Fair Housing Laws in the City of Miami Beach
) Minimize displacement, promote job creation/retention, ensure adequate benefits, encourage private development, and
provide planning and administrative support.
-) Revitalize neighborhoods, remove architectural barriers, eliminate slum and blighted conditions, and encourage the
preservation of historic structures.
Operational lmperatives
ln order to ensure accountability and the judicious use of finite, public resources, the following operational imperatives have
been established in the Five-Year Consolidated Plan and City processes:
) Recipient organizations must have acceptable past and/or current performance on similar projects.
t As this is a reimbursable grant, recipient organizations must have the fiscal capacity to undertake the proposed
project.
t Activities will not be funded unless the organization has developed realistic cost estimates and timelines, and
demonstrated past financial stability (as evidenced in its past two agency fiscal audits).
+ Agency must demonstrate that the use of awarded City funds will ensure the required funding for the proposed
project, i.e. City funds are the last needed to complete the project.
, Organizations requesting funds from more than one agency will be required to submit a Subsidy Layering Review
which includes a certified Sources and Uses Summary
) Recipients will be expected to provide matching funds and/or otherwise participate in the cost of their proposed
project
, Housing development and property improvement programs are expected to use quality, long-lasting methods and
materials that require a minimum of maintenance or upkeep and provide a Physical Needs Assessment for the
proposed project
+ The cost of providing housing or services will be considered in evaluating applications and must meet HUD
guidelines
t Recipients must adhere to HUD and City guidelines for procurement of goods and services including professional
services.
, Funded activities must meet a National Objective within two years of funding award.
Further priority is given to those established housing needs for which there is currently insufficient assistance including:
1 Acquisition for affordable rental housing and low-and moderate-income first-time homebuyers
2 Multi-family Housing rehabilitation
Prioritv will be given to proiects that serve the North Beach area (33141) or predominantlv serve residents of this area.
ln addition, the City will prioritize awards to those projects that align with its Key lntended Outcomes (KtO) as defined in its
current Strotegic Plan .The City's KlOs can be found in its own tab within this workbook.
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Eligible Activities/ Priority Needs (Housing Needs - Page 1 of 2)
Housing Needs in Miami Beach (Source: Carras Community lnvestment based on data from the 2000 U.S. Census, Claritas,
lnc. and the U.S. HUD Comprehensive Housing Affordability Strategy (CHAS).
.t l{tlrlna f,..d R.nbr ttlrrnr ?adlll
ExEemdv Lowl neotne H ousdtol ds
Elderly Households Households with any
housino oroblems 65o/o 73o/o 67o/o
With cost burden 65%7 1o/o 660/o
With extreme cost
burden
47%56%49o/o
SmallRelated
(24 memberc
households)
Households with any
housing problems 87o/o 52o/o 83o/o
With cost burden 760/o 52o/o 73o/o
With extreme cost
burden
7Oo/o 460/o 67o/o
Large Related
(5 or morc memberc
householdsl
Households with any
housing problems lOOo/o 100%'looo/o
With cost burden 8Oo/o lOOo/o 81o/o
With extreme cost
burden
80o/o lOOo/o 81o/o
Other Households Households with any
housino oroblems 59o/o 54o/o 58o/o
With cost burden 55o/o 52o/o 54o/o
With extreme cost
burden
51%5Oo/o 51o/o
Total Households Households with any
housino oroblems 680/o 65o/o 68%
With cost burden 640/o 630/o 64o/o
With extreme cost
burden
54o/o 54o/o 54o/o
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Application lnstructions (1 of 3)
This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only
applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency
name in the Applicant lnformation tab, the name will automatically populate in all other required areas.
Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas
shaded in red are auto-filled. Grey shaded areas require a text input by the applicant.
Threshold items determining the Applicant's responsiveness are indicated as Required
Items requiring signatures are noted as Signatures Needed.
Submission Checklist A drop-down menu is provided for each item to enable easy labeling as submitted or not.
Please ensure to update the status for each item.
ln addition, we have left open spaces in the event that the applicant wishes to attach
additional items not specifically requested in the RFP.
All shaded area require a response. Those areas in require a manual input.
Items shaded in green require use of the drop-down menu provided.
Applicant lnfo(rmation) DO NOT ATTER ANY AREA SHADED tN RED.
Make sure that both the person preparing the application and the agency's authorized
signatory sign this section once printed in hard copy format.
The Applicant name is auto-populated once you have completed the previous tab.
As you provide the Project Synopsis in the green shaded space provided, please be succinct
but complete in your narrative and run spellcheck before finalizing.
lf you have a Physical Needs Assessment for the proposed project, please include as an
Project Overview attachment.
For Project Partners, list each entity separately and use the drop-down menu to indicate
the type of support provided from each. ln the final column, please list the cash value of
the entity's support.
DO NOT ATTER ANY AREA SHADED IN RED.
Please note there are two pages to this section.
Proiect lmpact Be certain to answer the questions asked fully. Be succinct but complete in your narrative
and run spellcheck before finalizing.
Please note there are two pages to this section.
Applicant Experience Be certain to answer the questions asked fully. Be succinct but complete in your narrative
and run spellcheck before finalizing.
The Budget form has five columns. The first column should list all of the entities providing
cash, financing or in-kind leverage to the proposed project.
The second column, "Confirmed Receipt", enables you to insert the dollar value of any
commitment that has been secured.
Proiect Budget The third column, "Pending Receipt", enables you to insert the value of any projected
funds that have yet to be secured but may be reasonably expected.
The fourth column, "City Request" enables you to insert the value of funds requested from
the City through this RFP process.
DO NOT ATTER ANY AREA SHADED IN RED.
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Application Instructions (2 of 3)
ln the column labeled "Line ltem Category," list the various project expenses using the
drop-down menu provided.
ln each of the following columns to the right, and under "Fund Source", insert the name
the funding entity and then below the respective amounts allocated to each line item.
Sources & Uses
A second page is provided if your project has more than five (5)funding sources.
Make sure that both the person preparing the application and the agency's authorized
this section once printed in hard coov format.
Using the drop-down menus provided, answer each area shaded in green.
Alignment Provide a brief but succinct narrative in the r:'1,:r sp?c€ provided that explains how your
agency will measure its impact on the City's Key lntended Outcomes selected.
Run spellcheck before finalizing your narrative.
Affidavit 1 Review and provide signatures requested.
Affidavit 2 Review and provide signatures requested.
Affidavit 3 Review and provide signatures requested.
Affidavit 4 Review and provide siqnatures requested.
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General lnformation (1 of 3)
The following funding is available through this RFP, contingent upon final approval by HUD:
CDBG Entitlement s 989,829
City Administration (20%) S r77,766
Public Services Cap (15%) S f 33,324
Determination of Appropriateness
Prior to preparing an application for funds, applicants are strongly advised to determine if the proposed project is an eligible
activity as defined by HUD regulations. CDBG projects must meet one of the three NationalObjectives.
Deadline for Submission
Responses to this RFP are due Friday, April 3, 2015 at 3:00pm at the Office of Housing & Community Services located at S55 -
17th Street, Miami Beach, Florida 33139. Mailed applications should be sent to Office of Housing & Community Services,
Attention: Maria Ruiz, Miami Beach City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139.
Late applications wil! not be accepted.
FatalFlaws
The following errors, omissions andlor conditions are considered fatal flaws preventing applications from consideration for
funding:
! lncomplete applications (missing any section of the application or omission of required attachments)
! Factual errors resulting in the misrepresentation of an organization's experience, capacity or ownership
! Rrolects with funding gaps despite the potential award of City funds
Submission Requirements
Applicants must submit their application(s) as follows:
! One (1) original hard copy with authorizing signatures in blue ink.
tr One (1) duplicate hard copy of the original hard copy application.
D One digitalcopy in Excelformat of the application with attachments in RDP format on CD ROM.
Directions for Completing the Application
This workbook has been designed to minimize completion time and ensure consistency of applications submitted. Only
applications completed on an Excel platform will be accepted. To minimize duplicative efforts, once you input the agency
name in the Applicant lnformation tab, the name will automatically populate in all other required areas.
Applicants must complete all shaded areas. For your convenience, areas shaded in green have drop-down menus and areas
shaded in red are auto-filled. Grey shaded areas require a text input by the applicant.
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General lnformation (2 of 3)
Modifications/Withdrawals of Proposals
An Applicant may submit a modified Application to replace all or any portion of a previously submitted Application up until
the Application due date and time. Modifications received after the Application due date and time will not be considered.
Applications shall be irrevocable until contract award unless withdrawn in writing prior to the Application due date, or after
expiration of L2O calendar days from the opening of Applications without a contract award. Letters of withdrawal received
after the Application due date and before said expiration date, and letters of withdrawal received after contract award will
not be considered.
RFP Postponement/Cancel lation/Rejection
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Applications; re-advertise this RFP;
postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Applications received as a
result of this RFP.
Costs lncurred by Applicants
All expenses involved with the preparation and submission of Applications, or any work performed in connection therewith,
shall be the sole responsibility (and shall be at the sole cost and expense) of the Applicant, and shall not be reimbursed by the
City.
Exceptions to RFP
Applicants 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
Application. 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 Applicant to comply with the particular term
and/or condition of the RFP to which Applicant took exception to (as said term and/or condition was originally set forth on
the RFP).
Florida Public Records Laws
Applicants are hereby notified that allApplications including, without limitation, any and all information and documentation
submitted therewith, will be available for public inspection after opening of Applications, in compliance with Florida Public
Records Law including, without limitation, Chapter 119, Florida Statutes.
Negotiations
The City reserves the right to enter into further negotiations with the selected Applicant(s). Notwithstanding the preceding,
the City is in no way obligated to enter into a contract with the selected Applicant(s) in the event the parties are unable to
negotiate a contract. lt is also understood and acknowledged by Applicants that by submitting an Application, no property
interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the
City; and executed by the parties.
Observance of Laws
Applicants are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes,
rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner,
may affect the scope of services and/or project contemplated by this RFA (including, without limitation, the Americans with
Disabilities Act, Title Vll of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines).
lgnorance of the law(s) on the part of the Applicant will in no way relieve it from responsibility for compliance.
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Conflict of Interest
All Applicants must disclose, in their Application, 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 Applicants must disclose
the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Applicant entity or any of its affiliates.
Applicant's Responsibility
Before submitting a Application, each Applicant 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 Applicant 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 Applicant.
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property
to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a
contract with a public entity , and may not transact business with any public entity in excess of the threshold amount
provided in Sec. 287.0L7, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
American With Disabilities Act (ADA)
Call (305) 673-726O/VOICE to request material in accessible forma! sign language interpreters (five days in advance when
possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the
Public Works Department, at 305-573-7637.
Acceptance of Gifts, Favors, Services
Applicants 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 Application. 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.
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Guidelines for Evaluating Economic Development Projects (1 of 3)
I 570.209 Guidelines for evaluating and selecting economic development projects.
The following guidelines are provided to assist the recipient to evaluate and select activities to be carried out for economic
development purposes. Specifically, these guidelines are applicable to activities that are eligible for CDBG assistance under
$570.203. These guidelines also apply to activities carried out under the authority of 5570.204 that would otherwise be
eligible under S570.203, were it not for the involvement of a Community-Based Development Organization (CBDO). (This
would include activities where a CBDO makes loans to for-profit businesses.) These guidelines are composed of two
components: guidelines for evaluating project costs and financial requirements; and standards for evaluating public benefit.
The standards for evaluating public benefit are mandatory, but the guidelines for evaluating projects costs and financial
requirements are not.
(a) Guidelines and objectives for evaluating project costs and financial requirements. HUD has developed guidelines that are
designed to provide the recipient with a framework for financially underwriting and selecting CDBG-assisted economic
development projects which are financially viable and will make the most effective use of the CDBG funds. These guidelines,
also referred to as the underwriting guidelines, are published as appendix A to this part. The use of the underwriting
guidelines published by HUD is not mandatory. However, grantees electing not to use these guidelines would be expected to
conduct basic financial underwriting prior to the provision of CDBG financial assistance to a for-profit business. Where
appropriate, HUD's underwriting guidelines recognize that different levels of review are appropriate to take into account
differences in the size and scope of a proposed project, and in the case of a microenterprise or other small business to take
into account the differences in the capacity and level of sophistication among businesses of differing sizes. Recipients are
encouraged, when they develop their own programs and underwriting criteria, to also take these factors into account. The
objectives of the underwriting guidelines are to ensure:
(1) That project costs are reasonable;
(2) That all sources of project financing are committed;
(3) That to the extent practicable, CDBG funds are not substituted for non-Federal financial support;
(4) That the project is financially feasible;
(5) That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and
(5) That to the extent practicable, CDBG funds are disbursed on a pro rata basis with other finances provided to the project.
(b) Standards for evaluating public benefit. The grantee is responsible for making sure that at least a minimum level of public
benefit is obtained from the expenditure of CDBG funds under the categories of eligibility governed by these guidelines. The
standards set forth below identify the types of public benefit that will be recognized for this purpose and the minimum level
of each that must be obtained for the amount of CDBG funds used. Unlike the guidelines for project costs and financial
requirements covered under paragraph (a) of this section, the use of the standards for public benefit is mandatory. Certain
public facilities and improvements eligible under 5570.201(c) of the regulations, which are undertaken for economic
development purposes, are also subject to these standards, as specified in 5570.208(aXaXviXfX 2 ).
(1) Standards for activities in the aggregate. Activities covered by these guidelines must, in the aggregate, either:
(i) Create or retain at least one full-time equivalent, permanent job per 535,000 of CDBG funds used; or
(ii) Provide goods or services to residents of an area, such that the number of low- and moderate-income persons residing in
the areas served by the assisted businesses amounts to at least one low- and moderate-income person per $3S0 of CDBG
funds used.
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Guidelines for Evaluating Economic Development Projects (2 of 3)
(2) Applying the aggregate standards. (i) A metropolitan city, an urban county, a non-entitlement CDBG grantee in Hawaii, or
an lnsular Area shall apply the aggregate standards under paragraph (bX1) of this section to all applicable activities for which
CDBG funds are first obligated within each single CDBG program year, without regard to the source year of the funds used for
the activities. For lnsular Areas, the preceding sentence applies to grants received in program years after Fiscal Year 2OO4. A
grantee under the HUD-administered Small Cities Program, or lnsular Areas CDBG grants prior to Fiscal Year 2005, shall apply
the aggregate standards under paragraph (bX1) of this section to all funds obligated for applicable activities from a given
granU program income obligated for applicable activities will, for these purposes, be aggregated with the most recent open
grant. For any time period in which a community has no open HUD-administered or lnsular Areas grants, the aggregate
standards shall be applied to all applicable activities for which program income is obligated during that period.
(ii) The grantee shall apply the aggregate standards to the number of jobs to be created/retained, or to the number of
persons residing in the area served (as applicable), as determined at the time funds are obligated to activities.
(iii) Where an activity is expected both to create or retain jobs and to provide goods or services to residents of an area, the
grantee may elect to count the activity under either the jobs standard or the area resident's standard, but not both.
(iv) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support
services, the jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying
the aggregate standards.
(v) Any activity subject to these guidelines which meets one or more of the following criteria may, at the grantee's option, be
excluded from the aggregate standards described in paragraph (bX1) of this section:
(A) Provides jobs exclusively for unemployed persons or participants in one or more of the following programs:
1 )Jobs Training Partnership Act (JTPA);
2 )Jobs Opportunities for Basic Skills (JOBS); or
3 ) Aid to Families with Dependent Children (AFDC);
(B) Provides jobs predominantly for residents of Public and lndian Housing units;
(C) Provides jobs predominantly for homeless persons;
(D) Provides jobs predominantly for low-skilled, low- and moderate-income persons, where the business agrees to provide
clear opportunities for promotion and economic advancement, such as through the provision of training;
(E) Provides jobs predominantly for persons residing within a census tract (or block numbering area) that has at least 20
percent of its residents who are in poverty;
(F) Provides assistance to business(es) that operate(s) within a census tract (or block numbering area) that has at least 20
percent of its residents who are in poverty;
(G) Stabilizes or revitalizes a neighborhood that has at least 70 percent of its residents who are low- and moderate-income;
(H) Provides assistance to a Community Development Financial lnstitution that serve an area that is predominantly low- and
moderate-income persons;
(l) Provides assistance to a Community-Based Development Organization serving a neighborhood that has at least 70 percent
of its residents who are low- and moderate-income;
(J) Provides employment opportunities that are an integral component of a project designed to promote spatial
deconcentration of low- and moderate-income and minority persons;
(K) With prior HUD approval, provides substantial benefit to low-income persons through other innovative approaches;
(L) Provides services to the residents of an area pursuant to a strategy approved by HUD under the provisions of 591.215(e)
of this title;
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(M) Creates or retains jobs through businesses assisted in an area pursuant to a strategy approved by HUD underthe provisions of
591.215(e) of this title.
(N) Directly involves the economic development or redevelopment of environmentally contaminated properties.
(3) Standards for individual activities. Any activity subject to these guidelines which falls into one or more of the following
categories will be considered by HUD to provide insufficient public benefit, and therefore may under no circumstances be assisted
with CDBG funds:
(i) The amount of CDBG assistance exceeds either of the following, as applicable:
(A) 550,000 per full-time equivalent, permanent job created or retained; or
(B) 51,000 per low- and moderate-income person to which goods or services are provided by the activity.
(ii) The activity consists of or includes any of the following:
(A) General promotion of the community as a whole (as opposed to the promotion of specific areas and programs);
(B) Assistance to professional sports teams;
(C) Assistance to privately-owned recreational facilities that serve a predominantly higher-income clientele, where the recreational
benefit to users or members clearly outweighs employment or other benefits to low- and moderate-income persons;
(D) Acquisition of land for which the specific proposed use has not yet been identified; and
(E) Assistance to a for-profit business while that business or any other business owned by the same person(s) or entity(ies) is the
subject of unresolved findings of noncompliance relating to previous CDBG assistance provided by the recipient.
(a) Applying the individual activity standards. (i) Where an activity is expected both to create or retain jobs and to provide goods or
services to residents of an area, it will be disqualified only if the amount of CDBG assistance exceeds both of the amounts in
paragraph (bX3Xi) of this section.
(ii) The individual activity standards in paragraph (bX3Xi) of this section shall be applied to the number of jobs to be created or
retained, or to the number of persons residing in the area served (as applicable), as determined at the time funds are obligated to
activities.
(iii) Where CDBG assistance for an activity is limited to job training and placement and/or other employment support services, the
jobs assisted with CDBG funds shall be considered to be created or retained jobs for the purposes of applying the individual activity
standards in paragraph (bX3Xi) of this section.
(c) Amendments to economic development projects after review determinations. lf, after the grantee enters into a contract to
provide assistance to a project, the scope or financial elements of the project change to the extent that a significant contract
amendment is appropriate, the project should be reevaluated under these and the recipient's guidelines. (This would include, for
example, situations where the business requests a change in the amount or terms of assistance being provided, or an extension to
the loan payment period required in the contract.) lf a reevaluation of the project indicates that the financial elements and public
benefit to be derived have also substantially changed, then the recipient should make appropriate adjustments in the amount,
type, terms or conditions of CDBG assistance which has been offered, to reflect the impact of the substantial change. (For example,
if a change in the project elements results in a substantial reduction of the total project costs, it may be appropriate for the
recipient to reduce the amount of total CDBG assistance.) lf the amount of CDBG assistance provided to the project is increased,
the amended project must still comply with the public benefit standards under paragraph (b) of this section.
(d) Documentation. The grantee must maintain sufficient records to demonstrate the level of public benefit, based on the above
standards, that is actually achieved upon completion of the CDBG-assisted economic development activity(ies) and how that
compares to the level of such benefit anticipated when the CDBG assistance was obligated. lf the grantee's actual results show a
pattern of substantial variation from anticipated results, the grantee is expected to take all actions reasonably within its control to
improve the accuracy of its projections. lf the actual results demonstrate that the recipient has failed the public benefit standards,
HUD may require the recipient to meet more stringent standards in future years as appropriate.
[60FR L947,Jan.5,1995, asamendedat60FR t7445,Apr.6, 1995;7L FR3OO35, May24,2006;72 FR 12535, Mar. 15,2007;72FR
46370, Aug. L7,2OO7l
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Contractual Scope of Services ( 1 of 12)
The following is a sample of Attachment A (General Requirements) for awarded contracts provided as reference:
EXHIBIT "A" - "SCOPE OF SERVICES"
Related Definitions:
Davis-Bacon Act Compliance - The Davis-Bacon Act applies to contractors and subcontractors performing on federally
funded or assisted contracts in excess of 52,000 for the construction, alteration, or repair (including painting and decorating)
of public buildings or public works. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers
and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding
work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally
prevailing wage rates. Affordable housing rehabilitation projects of eight (8) or more units using CDBG funds must ensure
Davis-Bacon Act compliance. Affordable housing rehabilitation projects of L2 or more units using HOME funds must ensure
Davis-Bacon Act compliance.
Environmenta! Review - Projects must have an Environmental Review unless they meet criteria specified in HUD regulations
that would exempt or exclude them from Request for Release of Funds (RROF) and environmental certification requirements
(24 CFR sections 58.1,58.22,58.34, 58.35 and 570.504).
Evidence of Procurement - All expenses incurred with grant funds require evidence of procurement according to this
Agreement. Please carefully read the Agreement and related HUD rules to ensure compliance.
HUD lncome Limits - The Sub-Recipient must ensure that HUD lncome Limits (household income) are utilized when
determining client eligibility for HUD-funded services. lncome limits are posted further below.
Monthly Progress Report - The Sub-Recipient is required to submit a monthly project progress report by thel0th of the
following month. The report must be signed by the person who prepared the report as well as the agency's authorizing party.
The report summarizes the progress made, expenses incurred and deliverables completed. This report must be completed
regardless of whether or not funds are requested.
Monthly Financial Report - The Sub-Recipient is required to submit a monthly financial report by the 10th of the following
month regardless of whether or not funds are requested. The report delineates project expenses incurred including non-City
funds and must include the corresponding evidence of expense incurred for any expense which is being submitted for
reimbursement.
Monthly Proformas - All Capital projects with multiple (more than one) funding sources require the submission of monthly
proformas to the City.
Professional Services Contracts - Professional services funded through this Agreement must adhere to procurement
guidelines as appropriate and have executed written agreements between the Sub-Recipient and the respective Vendor.
Contracts must, at a minimum, specify the cost, timeline and scope of service. A copy of all professional service contracts
must be submitted to the City prior to reimbursement request.
Proof of lnsurance - Evidence of appropriate and required insurance must be submitted prior to contract execution. No City
funds will be disbursed prior to submission of required insurance coverage.
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Retainage - All capital projects are subject to the withholding of 10 percent of appropriate expenses in the form of a
retainage. All retained funds will be released when the project fulfills its National Objective.
Section 3 Compliance - Any Agreement greater than 5200,000 that involves rehabilitation, housing construction, or other
public construction, requires the Sub-Recipient complete and submit to the City Form HUD 60002, Section 3 Summary
Report, Economic Opportunities for Low- and Very-Low lncome Persons (OMB No. 2529-0043).
Applicable Federal Regulations
The Sub-Recipient must apply to all applicable federal regulations including:
l. Non-Discrimination and Equal Access
No person in the United States shall on the grounds of race, color, national origin, religion or sex be excluded, denied benefits
or subjected to discrimination under any program funded in whole or in part by CDBG/HOME funds. The Provider must take
measures to ensure non-discriminatory treatment, outreach and access to program resources. This applies to employment
and contracting, as well as to marketing and selection of program participants.
Fair Housing and Equal Opportunity
The Provider must comply with all the following Federal laws, executive orders and regulations pertaining to fair housing and
equal opportunity. They are summarized below:
Title Vl of the Civil Rights Act of 1964, As Amended (42 USC 2000d et seq.): States that no person may be excluded from
participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving Federal
financial assistance on the basis of race, color or national origin. The regulations implementing the Title Vl Civil Rights Act
provisions for HUD programs may be found in 24 CFR Part 1.
The Fair Housing Act (42 USC 3501-3620): Prohibits discrimination in the sale or rental of housing, the financing of housing or
the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap of
familial status. Fair Housing Act implementing regulations may be found in 24 CFR Part 100-115.
Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order 122591: Prohibits discrimination
against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of
residential property, or in the use or occupancy of housing assisted with Federal funds. Equal Opportunity in Housing
regulations may be found in 24 CFR Part 707.
Age Discrimination Act of 1975, As Amended (42 USC 5101): Prohibits age discrimination in programs receiving Federal
financial assistance. Age Discrimination Act regulations may be found in 24 CFR Part 145.
Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no person shall be excluded
from participation in, denied the benefits of, or be subjected to discrimination under any program or activity funded with
CDBG/HOME funds on the basis of race, color, religion, national origin or sex.
Affirmative Marketing
The Provider must adopt affirmative marketing procedures and requirements for all CDBG/HOME-assisted housing with five
or more units. Requirements and procedures must include:
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1. Methods for informing the public, owners and potential tenants about fair housing laws and the Provider's policies (for
example: use of the Fair Housing logo or equal opportunity language);
2. A description of what owners and/or the Provider will do to affirmatively market housing assisted with CDBG/HOME funds;
3. A description of what owners and/or the Provider will do to inform persons not likely to apply for housing without special
outreach;
4. Maintenance of records to document actions taken to affirmatively market CDBG/HOME-assisted units and to assess
marketing effectiveness; and
5. A description of how efforts will be assessed and what corrective actions will be taken where requirements are not met.
Handicapped Accessibility
The CDBG/HOME regulations also require adherence to the three following regulations governing the accessibility of
Federa I ly-assisted buildings, facilities a nd progra ms.
Americans with Disabilities Act (42 USC L2131; 47 USC L55, ?.OL, 218 and 225): Provides comprehensive civil rights to
individuals with disabilities in the areas of employment, public accommodations, state and local government services and
telecommunications. The Act, also referred to as the ADA, also states that discrimination includes the failure to design and
construct facilities (built for first occupancy after January 25, 1993) that are accessible to and usable by persons with
disabilities. The ADA also requires the removal of architectural and communication barriers that are structural in nature in
existing facilities. Removal must be readily achievable, easily accomplishable and able to be carried out without much
difficulty or expense.
Fair Housing Act: Multi-family dwellings must also meet the design and construction requirements at 24 CFR 100.205, which
implement the Fair Housing Act (42 USC 3601-19)
Section 504: Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis
of handicap. Section 504 imposes requirements to ensure that "qualified individuals with handicaps" have access to
programs and activities that receive Federal funds. Under Section 504, recipients and Sub-Recipients are not required to take
actions that create unique financial and administrative burdens or after the fundamental nature of the program. For any
Provider principally involved in housing or social services, all of the activities of the agency - not only those directly receiving
Federal assistance -- are covered under Section 504. Contractors or vendors are subject to Section 504 requirements only in
the work they do on behalf of the Provider or the City. The ultimate beneficiary of the Federal assistance is not subject to
Section 504 requirements.
The Architectural Barriers Act of L968 (42 USC 4151-4157): Requires certain Federal and Federally-funded buildings and other
facilities to be designed, constructed or altered in accordance with standards that ensure accessibility to, and use by,
physically handicapped people.
ll. Employment and Contracting
The Provider must comply with the regulations below governing employment and contracting opportunities. These concern
equal opportunity, labor requirements and contracting/procurement procedures.
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Equal Opportunity
The Provider must comply with the following regulations that ensure equal opportunity for employment and contracting:
Equal Employment Opportunity, Executive Order L7246, as amended: Prohibits discrimination against any employee or
applicant for employment because of race, color, religion, sex or national origin. Provisions to effectuate this prohibition
must be included in all construction contracts exceeding 510,000. lmplementing regulations may be found at 41 CFR Part 60.
Section 3 of the Housing and Urban Development Act of 1968: Requires that, to the greatest extent feasible, opportunities
for training and employment arising from CDBG/HOME funds will be provided to low-income persons residing in the program
service area. Also, to the greatest extent feasible, contracts for work (all types) to be performed in connection with
CDBG/HOME will be awarded to business concerns that are located in or owned by persons residing in the program service
area.
Minority/Women's Business Enterprise: Under Executive Orders 7L625, t2432 and 12138, the City and the Provider must
prescribe procedures acceptable to HUD for a minority outreach program to ensure the inclusion, to the maximum extent
possible, of minorities and women, and entities owned by minorities and women, in all contracts (see 24 CFR 85.36(e)).
Labor Requirements
The Provider must comply with certain regulations on wage and labor standards. ln the case of Davis-Bacon and the Contract
Work Hours and Safety Standards Acts, every contract for construction (in the case of residential construction, projects with
eight or more units) triggers the requirements.
Dovis-Bocon and Reloted Acts [40 USC 276(N-7): Ensures that mechanics and laborers employed in construction work under
Federally-assisted contracts are paid wages and fringe benefits equal to those that prevail in the locality where the work is
performed. This act also provides for the withholding of funds to ensure compliance, and excludes from the wage
requirements apprentices enrolled in bona fide apprenticeship programs.
Contract Work Hours and Sofetv Standords Act, as amended (40 USC 327-3331: Provides that mechanics and laborers
employed on Federally-assisted construction jobs are paid time and one-half for work in excess of 40 hours per week, and
provides for the payment of liquidated damages where violations occur. This act also addresses safe and healthy working
conditions.
Copelond (Anti-Kickbock) Act (40 USC 276d: Governs the deductions from paychecks that are allowable. Makes it a criminal
offense to induce anyone employed on a Federally assisted project to relinquish any compensation to which he/she is
entitled, and requires all contractors to submit weekly payrolls and statements of compliance.
Foir Lobor Stondards Act gf 7938, As Amended (29 USC 201, et. seq.): Establishes the basic minimum wage for all work and
requires the payment of overtime at the rate of at least time and one-half. lt also requires the payment of wages for the
entire time that an employee is required or permitted to work, and establishes child labor standards.
Contracting and Procurement Practaces
The CDBG/HOME programs are subject to certain Federal procurement rules. ln addition, the City and the Provider must
take measures to avoid hiring debarred or suspended contractors or Sub-Recipients and conflict-of-interest situations. Each
is briefly discussed below.
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Procurement: For the City, the procurement standards of 24 CFR 85.36 apply. For non-profit organizations receiving
CDBG/HOME funds, the procurement requirements at 24 CFR Part 84 apply.
Conflict of lnterest: The CDBG regulations require grantees (the City), state recipients and Sub-Recipients (the Provider) to
comply with two different sets of conflict-of-interest provisions. The first set of provisions comes trom24 CFR Parts 84 and
85. The second, which applies only in cases not covered by 24 CFR Parts 84 and 85, is set forth in the CDBG regulations. Both
sets of requirements are discussed below.
- The provisions at 24 CFR 85.35 and 24 CFR 84.42 apply in the procurement of property and services by grantees (the City),
state recipients, and Sub-Recipients (the Provider). These regulations require the City and the Provider to maintain written
standards governing the performance of their employees engaged in awarding and administering contracts. At a minimum,
these standards must:
- Require that no employee, officer, agent of the City or the Provider shall participate in the selection, award or
administration of a contract supported by CDBG/HOME if a conflict-of-interest, either real or apparent, would be involved;
- Require that employees, officers and agents of the City or the Provider not accept gratuities, favors or anything of monetary
value from contractors, potential contractors or parties to Sub-Agreements; and
- Stipulate provisions for penalties, sanctions or other disciplinary actions for violations of standards.
HOME-funded projects must comply with 24 CFR 92.356.
A conflict would arise when any of the following has a financial or other interest in a firm selected for an award:
- An employee, agent or officer of the City or the Provider;
- Any member of an employee's, agent's or officer's immediate family;
- An employee's, agent's or officer's partner; or
- An organization that employs or is about to employ an employee, agent or officer of the City or the Provider.
- The CDBG/HOME regulations at 24 CFR 570.611 governing conflict-of-interest apply in cases not covered by 24 CFR 85.35
and 24 CFR 84.42. These provisions cover employees, agents, consultants, officers and elected or appointed officials of the
grantee (the City), state recipient or Sub-Recipient (the Provider). The regulations state that no person covered who
exercises or has exercised any functions or responsibilities with respect to CDBG/HOME activities or who is in a position to
participate in decisions or gain inside information:
- May obtain a financial interest or benefit from a CDBG activity; or
- Have an interest in any contract, subcontract or agreement for themselves or for persons with business or family ties.
This requirement applies to covered persons during their tenure and for one year after leaving the grantee (the City), the
state recipient or Sub-Recipient (the Provider) entity.
Upon written request, exceptions to both sets of provisions may be granted by HUD on a case-by-case only after the City has:
- Disclosed the full nature of the conflict and submitted proof that the disclosure has been made public; and
- Provided a legal opinion from the City stating that there would be no violation of state or local law if the exception were
granted.
Debarred contractors: ln accordance with 24 CFR Part 5, CDBG/HOME funds may not be used to directly or indirectly employ,
award contracts to or otherwise engage the services of any contractor or Sub-Recipient during any period of debarment,
suspension or placement of ineligibility status. The City should check all contractors, subcontractors, lower-tier contractors
or Sub-Recipients against the Federal publication that lists debarred, suspended and ineligible contractors.
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lll. Environmental Requirements
The City is responsible for meeting a number of environmental requirements, including environmental reviews, flood
insurance, and site and neighborhood standards.
Environmental Review
The City is responsible for undertaking environmental reviews in accordance with the requirements imposed on "recipients"
in 24 CFR 58. Reviews must be completed, and Requests for Release of Funds (RROF) submitted to HUD before CDBG/HOME
funds are committed for non-exempt activities. Private citizens and organizations may object to the release of funds for
CDBG/HOME projects on certain procedural grounds relating to environmental review (see 24 CFR 58.70 - 58.771. To avoid
challenges, grantees (the City) and Sub-Recipients (the Provider) should be diligent about meeting procedural requirements.
Flood Insurance
Section 2O2 of the Flood Disaster Protection Act of 1973 (42 USC 4106): Requires that CDBG/HOME funds shall not be
provided to an area that has been identified by the Federal Emergency Management Agency (FEMA) as having special flood
hazard, unless: The community is participating in the National Flood lnsurance Program, or it has been less than a year since
the community was designated as having special flood hazards; and Flood insurance is obtained.
!V. Lead-based Paint
On September 15, 1999, the "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in
Federally Owned Residential Property and Housing Receiving Federal Assistance; Final Rule" was published within title 24 of
the Code of Federal Regulations as part 35 (24 CFR 35). The regulation was issued under sections 1012 and 1013 of the
Residential Lead-Based Paint Hazard Reduction Act of L992, which is Title X (ten) of the Housing and Community
Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of
1971, which is the basic law covering lead-based paint in federally associated housing.
The regulation sets hazard reduction requirements that give much greater emphasis to reducing lead in house dust. Scientific
research has found that exposure to lead in dust is the most common way young children become lead poisoned. Therefore,
the new regulation requires dust testing after paint is disturbed to make sure the home is lead-safe. Specific requirements
depend on whether the housing is being disposed of or assisted by the federal government, and also on the type and amount
of financial assistance, the age of the structure, and whether the dwelling is rental or owner occupied.
On April 22,2008, the EPA issued a rule requiring the use of lead-safe practices and other actions aimed at preventing lead
poisoning to protect against the hazards created by exposure to lead dust in existing structures built prior to 1978. Under the
rule, all contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care
facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination.
This rule (40 CFR Part 745) is enforced as of April 22,2010. The rule must be executed by all sub-contractors.
City of Miami Beach/
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Contractual Scope of Services ( 7 of 12)
Property Exempt from Lead-based paint regulation:
. Housing built since January 7,7978, when lead paint was banned for residential use;
. Housing exclusively for the elderly or people with disabilities, unless a child under age 6 is expected to reside there;
. Zero-bedroom dwellings, including efficiency apartments, single-room occupancy housing, dormitories or military barracks;
. Property that has been found to be free of lead-based paint by a certified lead-based paint inspector;
. Property where all lead-based paint has been removed;
o Unoccupied housing that will remain vacant until demolished;
. Non-Residential property; and
. Any rehabilitation or housing improvement that does not disturb a painted surface.
Types of housing subject to 24 CFR 35:
. Federally-Owned housing being sold;. Housing receiving a federal subsidy that is associated with the property, rather than with the occupants (project-based
assistance);
o Public housing;
. Housing occupied by a family (with a child) receiving tenant-based subsidy (such as a voucher or certificate);
. Multifamily housing for which mortgage insurance is being sought; and
e Housing receiving federal assistance for rehabilitation, reducing homelessness, and other special needs.
lf you want copies of the regulation or have general questions, you can call the National Lead lnformation Center at (800) 424-
LEAD, or TDD (800) 526-5456 for the hearing impaired. You can also download the regulation and other educational
materials at http://www.hud.gov/offices/lead/index.cfm. For further information, you may call HUD at (202) 755-1785, ext.
LO4, or e-mail HUD at lead_regulations@hud.gov.
V. Displacement, Relocation, Acquisition and Replacement of Housing
CDBG/HOME projects involving acquisition, rehabilitation or demolition may be subject to the provisions of the Uniform
Relocation Act (UDA). Demolition or conversion of units with CDBG funds may trigger section 104 (d) (also known as the
"Barney Frank Amendment" requirements.)
Vl. Compliance with National Objective
The Provider will ensure and maintain evidence that activities assisted with CDBG/HOME funds from the City of Miami Beach
comply with the primary National Objective, "Benefit to Low and Moderate lncome Persons" and will provide services or
activities that benefit at least 51% low and moderate income persons. A low or moderate-income household is defined as: a
household having an income equal to or less than the limits cited below. lndividuals who are unrelated but are sharing the
same household shall each be considered as one-person households.
City of Miami Beach/
Housing and Community Services228
Annual Federal Entitlement Funds Application - February 2015
Contractual Scope of Services ( 8 of 12)
HUD lncome Limits, pending HUD updating:
$13,7s0 $15,700 $17,650 $19,600 $2',1,200 $22,7sO $24,3s0 $25,900
$22,900 $26,200 $29,450 $32,700 $35,350 $37,950 $40,s50 $43,200
$27,480 $31, 440 $35,340 $39,240 $42,420 $45,540 $48,660 $51,840
$36,650 $41,850 $47,100 $s2,300 $56,500 $60,700 $il,900 $69,050
Change Orders/Budget Amendments
The goal should be to limit the use of Change Orders or Budget Amendments. Change Orders and Budget Amendments
require prior written approval by the City Manager.
To request a Change Order or Budget Amendment, a written request for changes must be submitted to your Grant Monitor
delineating the changes and providing a detailed justification for making the request. Approvals of any changes are at the
sole discretion of the City Manager.
No budget amendment will be processed after June 30, 2OL4 for Public Service Projects. No budget amendment will be
processed for Capital Projects Budgets after eighty (80) percent of the available funds have been drawn.
Budget amendments or Change Orders that deviate from the original scope will be rejected and the funds in question may be
subject to recapture at the sole discretion of the City Manager.
Compliance with Local Rules, Regulations, Ordinances and Laws
The Sub-Recipient must remain incompliance with all local rules, regulations, ordinances and laws (including having an active
business license and the resolution of all Code Compliance and Building Department violations) in addition to those specified
in the body of the Agreement. ln addition, the Sub-Recipient must not owe any monies to the City at the time of Agreement
execution or final release of grant funds. The City will verify with the Finance Department to ensure that no monies are due
the City prior to Agreement execution.
Furthermore, the Sub-Recipient must not have any outstanding and/or open Code Compliance or Building Department
violations at the time of the Agreement's execution. Any pending issues must be disclosed. Those violations which are open
at the time of the Agreement's execution and are expected to remain open for the foreseeable future require the submission
and approval of a remediation plan submitted to the City.
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Annual Federal Entitlement Funds Application - February 2015
Contractual Scope of Services ( 9 of 12)
Employee/ Contractor File Review
The following documentation must be included in the Sub-Recipient's employee/contractor file for those
em ployees/contractors provid ing services u nder this contract.
The following must be included in the employee files:
. Employment Application
. Evidence of degree/credentials
. Job Description Signed by Employee
. Evidence of Required Experience
o Florida Background Criminal Screening, if applicable
o National FBI Background Criminal Screening (Level 2), if applicable
o Affidavit of Good Moral Character, if applicable
. Proof of Knowledge of Policies & Procedures, if applicable
. l-9 Verification on File
The City reserves the right to inspect those employee/contractor files whose salaries are funded in part or in whole by its
funds.
Evaluation
ln its continuing effort to ensure contract compliance and performance, the City will evaluate the Sub-Recipient in its
fulfillment of the terms of this agreement including, but not limited to, the following measures:
. Agreement compliance
. Leverage and fiscal soundness
. Accuracy and timeliness of Monthly Progress Reports
. Accuracy and timeliness of Monthly Financial Reports
. Adherence to project timelines
. Fulfillment of prescribed outcomes
FiscalStability
The Sub-Recipient is required to maintain fiscal stability throughout the terms of this Agreement. This is to ensure the Sub-
Recipient's ability to fulfill the terms of this Agreement and meeting of the National Objective.
For affordable housing developers, fiscal stability policies are encouraged in anticipation of additional HUD guidance
regarding fiscal oversight for rental projects. More so, as projects have extended lives, fiscal stability underscores the long-
term viability of the housing units.
teverage
For HOME-funded projects, the Sub-Recipient must demonstrate the commitment of other sources of funds committed to
the City-funded project. Furthermore, all other identified funds must be in place prior to the use of HOME funds.
The documentation that demonstrates this fiscal leverage is the Subsidy Layering Review and underwriting.
City of Miami Beach/
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Annual Federal Entitlement Funds Application - February 2015
Contractual Scope of Services ( 10 of L2l
Monitoring & Performance Reviews
The City reserves the right to inspect, monitor and/or audit the Sub-Recipient to ensure contractual compliance. This
includes, but is not limited to:
o Review of on-site service delivery. lnspection and review of client, budgetary and employee files (for those employees providing services under this
Agreement)
Monitoring visits will take place within 120 days of the commencement of services. The City will notify the Sub-Recipient a
minimum of three (3) business days prior to a monitoring visit.
Performance Ratings
The Sub-Recipient agrees that its Performance Rating, the score awarded for performance on the following measures, will be
posted on the City's website on an annual basis:
. Timely and accurate submission of Monthly Progress Report
. Timely and accurate submissions of Monthly Financial Reports (reimbursement requests)
o Delivery of contracted service units
Ratings will be given for each performance measure based on the following:
Proformas
Capital projects must submit certified monthly proformas that indicate project funding sources and correlating
Proformas must be certified by the preparing party as well as the agency's signatory as reflected within this Agreement.
Reporting Requirements
The Contractor will provide the City with a Monthly Progress Report and Monthly Financial Report by the 10th of the
following month. ln the event that the 10th of the month lands on a Saturday, Sunday or holiday, the report must be
submitted the following business day.
City of Miami Beach/
Housing and Community Services
Timely and accurate submission of > "0" for failing to submit on time
> "25" for submittino on time
Timely and accurate submissions of
Monthly Financial Report (reimbursement
requests)
> "0" for failing to submit accurate report
with back-up material on time
> "25" for submitting accurate report on
time
Delivery of contracted service units within
contracted timeframe
Possible score of 0 to 50 based upon
completion of projected service units.
Score is pro-rated if total projected
service units are not met.
231
Annual Federal Entitlement Funds Application - February 2015
Contractual Scope of Services ( 11 of Lzl
Monthly reports will be submitted via any of the following methods:
. Standard mail
. Hand delivery
Monthly reports will not be considered acceptable unless the following is met:
. Forms are completely and accurately filled
. Necessary back-up materials are included (evidence of expense incurred, invoices, time logs, executed AIA Forms, etc.)
. Reports bear the signature of the person preparing the report and the Sub-Recipient's authorized signatory
Monthly Progress Reports should encapsulate a project's progress in alignment with the funds expended.
Rent RollSubmissions
Sub-Recipients using City funds for the creation or rehabilitation of affordable housing must submit tenant rent rolls within
thirty (30) days of meeting the National Objective and every year thereafter for a minimum of fifteen (15) years in adherence
with the affordability period required with use of these funds. For completed projects, certified tenant rolls must be
submitted annually by November 1st. Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory.
Those projects with a longer affordability period require annual tenant rolls for the period of affordability established in the
City's Restrictive Covenant and/or mortgage. These tenant rolls must be submitted by November 1st of each year of
affordability. Tenant rolls must be certified by the Sub-Recipient Agency's authorized signatory.
Retainage
All capital projects utilizing HUD funds are subject to a ten (10) percent retainage that will not be released until the National
Objective is met. Retainage will be held as appropriate from all submitted reimbursement requests.
Subsidy Layering Review
All affordable housing projects using CDBG/HOME funds require the completion of an independent Subsidy Layering Review
and underwriting. These reviews must be completed prior to the project being submitted via HUD's lDlS system and precedes
the incurrence of any related funds. Therefore, no capital projects will be deemed eligible for reimbursement until the
Subsidy Layering Review and underwriting have been received and accepted by the City.
The expense for the Subsidy Layering Review and underwriting services are eligible for reimbursement if the project proceeds
but is not eligible for reimbursement otherwise.
City of Miami Beach/
Housing and Community Services232
Annual Federal Entitlement Funds Application - February 2015
Contractual Scope of Services ( 12 of tzl
Timeliness of Reimbursement Requests
Reimbursement requests must be submitted no later than sixty (50) days from the incurrence of the expense. The City will
strictly monitor this element. Please note that cancelled checks must be submitted in conjunction with all reimbursement
requests. Therefore, the Sub-Recipient should calendar itself accordingly to ensure that reimbursement requests are
submitted to the City in a timely manner.
Training Requirements
The Sub-Recipient must ensure that the person responsible for preparing the Monthly Progress Report and Monthly Financial
Report attends the City's Sub-Recipient Reporting Training and places the attendance certificate in the employee's personnel
file for inspection by the City during its monitoring visit.
Additional Documentation
The following documentation must be submitted with this executed agreement:
. All required insurance certificates
. Copy of current audit
. Copy of required business licenses and permits
City of Miami Beach/
Housing and Community Services233
Annual Federal Entitlement Funds Application - March 2014
Application Scoring (1 of 2)
Minimum requirements for application submission: Applicants submitting applications may be not-for-profit or for-profit
corporations or partnerships. Applicants requesting affordable housing acquisition and/or rehabilitation funds must have a
minimum of five (5) years of experience in the acquisition and rehabilitation of owner-occupied affordable housing and/or
first-time homebuyer programs.
Selection criteria will include, but is not limited to:
1. Ability to provide strong construction management practices and to provide first quality materials, including landscaping if
applicable
2. Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal
regulations
3. Ability to comply with the City's reporting requirements
4. Total project cost
5. Total number of units
5. Leveraging
7. Ability to conform to the City's plan for spatial de-concentration
8. Ability to provide homeowners with HUD-Certified Homeownership Counseling
9. Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting
10. Ability to demonstrate that the organization participates in the Welfare Transition Program
The Office of Housing and Community Development will review all responses to the RFP to ensure compliance with the
requirements of the RFP as well as under applicable Florida Statutes, Resolutions and the Consolidated Plan. All eligible
affordable housing applications will be submitted to the City's Affordable Housing Advisory Committee and reviewed with
HOME submissions. All applications for funding will be reviewed by the Affordable Housing Advisory Committee Committee
in accordance with the criteria as outlined in the RFP.
Applicant lnfo(rmation)
Project Overview
Project lmpact
Applicant Experience
Project Budget
Sources & Uses
Priority Alignment
City of Miami Beach/
Housing and Community Services
5
20
20
25
20
5
5
100
234
Annual Federal Entitlement Funds Application - March 2014
Application Scorine,Q of 2l
Applicant !nformation
lnformation provided must be complete and accurate and include the required attachments.
Project Overview
This section provides overall summary of the project from an objective and fiscal context. Please ensure to be succinct but
clear about your proposed project as well as indicate the community-based partners who will help you achieve your
proposal. Make sure to complete the Objective, Outcome and Activity Code section. Double-check for accuracy.
Project lmpact
This is the section that most describes the viability, impact, purpose and overall leverage for your project within a holistic
context. ln this section, please ensure to provide operational details for your project including specific beneficiaries, eligibility
criteria, timelines, progress measures and outcome measures. lf your project creates secondary benefits, i.e. creates new
jobs or sustainable services for an area, provide such detail.
Applicant Experience
This section provides the applicant an opportunity to sell themselves as worthy recipients of public resources. Be specific in
providing achievements, success stories, experience and expertise.
Project Budget
The project budget must be sound, practical, achievable and sustainable. Your budget should provide the fiscal perspective of
what was described in your project Overview and Project lmpact sections.
Sources & Uses
This section serves to detail the Project Budget section by assigning costs to specific funding sources. Assignments should
comply with funding source guidelines.
Priority Alignment
This section enables the applicant to identify the proposed project's alignment to the City's Strotegic Plon. For more
information about the City's Strotegic Plon ,visit www.miamibeachfl.gov
City of Miami Beach/
Housing and Community Services235
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236
Annual Federal Entitlement Funds Application - February 2015
City of Miami Beach Census Tracts (1 of 2)
North Beach
Stillwater/Biscayne Poi nUNorth
Shore 77th N
Normandy/North Shore 71
La Gorce/Alton Road
North Bay Road
North Shore 71"'to 6
44'n to 6
Total North Beach
Middle Beach
Middle Beach (38 to Lake)
Total Middle Beach
o'to
77th
City of Miami Beach/
Housing and Community Services
39.01-5
39.01-6
19,197
237
Annual Federal Entitlement Funds Application - February 2015
City of Miami Beach/
Housing and Community Services238
Annual Federal Entitlement Funds Application - February 2015
City of Miami Beach Census Tracts (2 of 2l
City of Miami Beach/
Housing and Community Services
South Beach
Bayshore, Sunset lslands
Mid Beach
33'd -41"1 Street,
Ocean to lndian Creek Drive
41.O1-1 1047 764 75.6
41.O1-2 2987 1344 47.8
41.O1-3 1407 552 36.6
41.01-4 1 565 414 24.3
41.01-5 1466 241 17.2
lslands 41.O2-1 2255 324 14.8
41.O2-2 821 64 7.9
Lincoln Road West 42.O1-1 898 429 45.3
42.O1-2 1617 1068 68.2
42.O1-3 1 880 704 37.8
42.O1-4 1228 609 49.8
Lincoln Road East 42.O2-1 2121 1428 73.2
42.O2-2 1409 649 48.9
42.02-3 1 856 1045 54.7
Flamingo (1O111 43.00-1 566 347 64.3
43.O0-2 204 129 63.2
43.00-3 2060 1 139 54.1
43.O0-4 762 349 47.7
43.00-5 1345 491 37.9
43.00-6 432 130 36.2
43.OO-7 3007 1484 47.3
Flamingo West (3'to 10-)44.O1-1 2164 716 35.2
44.O1-2 1704 1102 62.8
44.O1-3 1827 1 158 65.5
44.O1-4 468 326 68.3
Flamingo East (3'to 11*)44.02-1 634 289 47.3
44.O2-2 1707 957 62.9
44.O2-3 836 735 83.1
44.O2-4 779 355 53.9
44.02-5 1572 1112 68.4
South Pointe, Fisher lsland,
Coast Guard
45.00-1 781 376 46.8
45.OO-2 1187 668 72.1
45.00-3 61 0 0
Total South Beach 44.653 21-498 48.14
239
Annual Federal Entitlement Funds Application - February 20L5
City of Miami Beach/
Housing and Community Services240
Annual Federal Entitlement Funds Application - February 2015
Uniform Relocation Assistance (URA)
lf a project proposed in response to this RFA includes the purchase of a building or an offer to purchase a building which is
occupied, the tenants are entitled to the benefits provided by the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (URA). The following information is provided to assist the applicant in complying with the
URA.
1. URA preparation needs to start early. A URA notice needs to be given to the Seller when the purchase offer/option is
made.
2. HUD and the City of Miami Beach care about this. Developers who are working on HUD-funded projects need to
understand that the URA is basic consumer legislation that addresses "fairness" issues. Tenants whose living circumstances
are changed by a project - either by higher rents or involuntary moves - must be protected and compensated.
3. The relocation rules are not all one-sided. There are actions that can be taken to control costs and prevent displacement.
These actions include informing tenants about the project, treating them fairly during the process, staging work if it is
feasible, and keeping their rents affordable. Tenants must continue to pay rent and comply with the lease during the
process.
4. Mistakes can be costly. Planning for relocation and tenant concerns is critical because grantees, owners and developers
can all take actions which can incur a financial liability. Displaced tenants are entitled to 42 or 50 months of rental assistance
depending on the situation. Many claims exceed 510,000. Although some claims are unavoidable, there is no reason to incur
these costs by failure to follow the rules.
5. Planning is critical. Relocation concerns must be thought out early in the process so decisions about rents, construction
timing and project feasibility can be considered before they are a crisis.
5. Cooperation is Essential. All parties involved in the project must do the right thing in order to make the process work.
The Developer and the City must work together.
7. There are three basic requirements for tenants in rental rehabilitation projects. They must be given timely information
about the pending application. lf the project is approved, they must be advised about any changes that will occur to their
situation. lf they are not advised - and move - they could claim that they were displaced even if that was not intended and
they could be eligible for considerable financial compensation. lf they must be displaced, they must be offered a comparable
replacement unit (as defined by HUD). Moving expenses must be paid. No one can be required to move without 90 days
notice. Tenants who will stay in the property after work is complete must be offered a suitable unit that is affordable to
them.
City of Miami Beach/
Housing and Community Services241
Annual Federal Entitlement Funds Application - February 2015
Applicant lnformation
Applicant Name:
Applicant Address:
Telephone Number:
Executive Director:
Contact Person:
Board Secretary:
Employer ldentification Number:
ls applicant a CHDO for the City of Miami Beach:
Fax Number:
E-MailAddress:
E-MailAddress:
E-MailAddress:
Corporate Status:
Submission Code:
nt's Articles of lncorporation
al Revenue Services (lRS) Designation Letter
Board of Director's Membership with Professional Affiliations
Proposed Project Summary
Project Category:
National Objectives:
# of Project Beneficiaries:
Project Budget:
Amount of Secured Funding:
Amount of Funding Requested from City:
Agency Budget:s
S
s
For Affordable Housing Proiects Only: Subsidy Layering Review completed within past sixty (60) days
On behalf of the applicant organization, we certify that all of the information contained in this application is true and
accurate. We further understand that the material omission or inclusion of false information contained in this application
constitutes grounds for disqualification of the application and Applicant. We further understand that by submitting an
application, we, as the authorized representatives for the organization, are accepting the terms and conditions as they
appear in the Request For Proposals February 2015.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Project Funding Level:
City Funding level:
#Drv/o!
#Drv/o!
Cost P/Unit:
Proiect Outlook:
#Drv/o!
#Drv/o!
City of Miami Beach/
Housing and Community Services
5 Points
242
Annual Federal Entitlement Funds Application - February 2015
Submission Checklist
Please verify that the following has been completed and submitted by the submission deadline as noted:
Applicant lnfo(rmation) (Signatures Needed) - Required
Submission Checklist (Signatures Needed) - Required
Project Overview - Required
National Objective - Required
Project lmpact - Required
Applicant Experience - Required
Project Budget - Required
Sources & Uses (Signatures Needed) - Required
Priority Alignment - Required
Affidavit 1 (Signatures Needed) - Required
Affidavit 2 (Signatures Needed) - Required
Affidavit 3 (Signatures Needed) - Required
Certification 1 (Signatures Needed) - Required
Certification 2 (Signatures Needed) - Required
Certification 3 (Signatures Needed) - Required
Certification 4 (Signatures Needed) - Required
Certification 5 (Signatures Needed) - Required
Certification 6 (Signatures Needed) - Required
Applicant's Articles of lncorporation - Required
Applicant's lnternal Revenue Services Designation Letter - Required
Current Board of Director's with Professional Affiliations - Required
For Capital Projects Only: Physical Needs Assessment - Recommended
Applicant Agency's Last Two Annual Audits - Required
Evidence of Matching Funds/Leverage - Required
For Capital Projects Only: Subsidy Layering Review - Optional
For Capital Projects Only: Project Renderings - Optional
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services243
Annual Federal Entitlement Funds Application - February 2015
Project Overview
Applicant: 0
Project Synopsis
ln the spoce below, provide o brief synopsis of your proposed project including current stotus, location, scope ond beneficiories.
Outcomes:
Pleose list the entities providing cosh, financing ond other support to proposed project.
FiscalCheck:#Dtv/o!
20 Points
City of Miami Beach/
Housing and Community Services244
Annual Federal Entitlement Funds Application - February 2015
National Objectives
CDBG-funded activites must meet one of three National Objectives. Please check one:
tr check Box 1 National Objective A: Principally benefits low and moderate income persons
tr check Box 2 Nationa! Obiective B: Aids in the prevention or elimination of slums or blight
tr Check Box g National Objective C: Qualifies as an urgent need
lf National Objective A is selected above, please select one subcategory below to describe proposed activity:
tr CheckBox4 Area Benefit Activities are those carried out in a neighborhood consisting predominantly of LMI
persons and providing services for such persons, yet could be available to other non-income-eligible
persons in the area
tr check Box s Limited Clientete Activities are those which benefit a specific group of people (rather than all the
residents in a particular area) who are, or presumed to be, income eligible. The specific groups
presumed by HUD to be income-eligible include: abused children, battered persons, elderly persons,
handicapped persons, homeless persons, illiterate persons, migrant farm workers, and persons living
with AIDS.
tr check Box 6 lncome Eligibte Housing Activities add or improve a permanent residential structure wherein, upon
completion, income eligible persons will occupy StYo ot more of the housing units
n check Box 7 lob Creation or Retention Activities create or retain permanent jobs, of which at least SLYo arc either
taken by or available to income eligible persons
City of Miami Beach/
Housing and Community Services245
Annual Federal Entitlement Funds Application - February 2015
Project lmpact (L of 2l
Applicant:
ln the space below, onswer the following questions and provide any odditional information regording the project's impoct:
1. Describe the scope of your proposed project including a summary of planned service goals including beneficiaries.
2. Describe the impact of your project on the immediate neighborhood and possible jobs created (temporary and permanent).
City of Miami Beach/
Housing and Community Services
10 Points
246
Annual Federal Entitlement Funds Application - February 2015
Project lmpact (2 of 2l
Applicant:
ln the space below, onswer the following questions and provide ony odditionol informotion regording the project's impact:
1. ForAffordable Housing Projects: Describe if tenantswillbe relocated and, if so, summarize relocation plan.
2. Provide a brief project timeline.
City of Miami Beach/
Housing and Community Services
10 Points
247
Application for Recaptured Federal Funds - February 2015
Applicant Experience (1 of 2)
Applicant: 0
ln the spoce below, onswer the following questions and provide ony odditionol informotion regording applicant experience.
1. Describe experience in providing the service proposed.
2. Provide specific examples of successful projects.
City of Miami Beach/
Housing and Community Services
1O Points
248
Application for Recaptured Federal Funds - February 2015
Applicant Experience (2 of 2)
Applicant: 0
ln the spoce below, onswer the following questions ond provide ony additionol information regording opplicant experience.
1. Fiscal capacity to successfully complete project including previous receipt of HUD funds. Provide specific examples.
City of Miami Beach/
Housing and Community Services
15 Points
249
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252
Annual Federal Entitlement Funds Application - February 20L5
Priority Alignment
Funding Category:
Project Location:
Beneficiaries (List All):
The City of Miami Beach has achieved a great deal by staying focused on its mission, vision and strategic priorities. By using
performance measurements to gauge how well it is managing resources and delivering services, the City has areas that have
seen significant improvements since its plan was chartered.
As a recipient of public resources, please indicate below how your project aligns with the City's Strategic Plan. At a minimum,
you must select one Key lntended Outcome (KlO) that your project will address. Extra points will be awarded for your ability
to address additional KlOs.
Please note that awarded projects will be required to measure and report their progress on meeting identified KIO goals.
Primary KIO Proposed Project WillAddress:
Secondary KIO Proposed Project WillAddress:
Tertiary KIO Proposed Project WillAddress:
ln the space provided below, please describe the measures you will use to quantify your impact on the selected KlOs above.
Please note that all measures must be numerical in nature, i.e., the number of units developed, the number of tenants
served.
City of Miami Beach/
Housing and Community Services
5 Points
253
Annual Federal Entitlement Funds Application - February 2015
Acknowledgement of Application Submission
Applicant:
As the duly authorized signatory and preparer, respectively, for the agency listed above, we have read the City of Miami
Beach Request For Proposals for Annual Federal Entitlement Funds and agree to the terms, specific limitations, and
conditions expressed herein. ln addition, we have read, relied upon, acknowledge, and accept the City's Disclosure Disclaimer
as attached.
Further, if our proposed project includes the rehabilitation or construction of a residential building that is currently occupied,
we hereby authorize the staff of the City of Miami Beach Office of Housing and Community Development to enter the
premises and interview residents. We realize that the purpose of the interviews is to determine the estimated amount of
relocation assistance that may be needed.
BY signing below, the undersigned acknowledge that they have read and understand the Certifications attached hereto and
labeled as "Affidavits" and, if awarded CDBG and/or HOME funds, the Applicant will be able to comply fully with the
provisions of those certifications and will be able to comply with all additional applicable federal, state and local
requirements, including procurement and financial management. Applicant also acknowledges that if a funding
recommendation is made for less than the full amount applied for, additional documentation including a revised budget,
scope of work and sources and uses may be requested prior to final finding determinations.
The City of Miami Beach reserves the right to verify that the authorized signatures above are authorized to bind the Applicant
and may require Applicant to submit documentation verifying such authority.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services254
Annual Federal Entitlement Funds Application - February 2015
Affidavit of Compliance with Federal, State and Local Regulations
Applicant: 0
The undersigned certifli that the information in this application is true and correct. The undersigned further certify that they
are aware that if the City of Miami Beach finds that the applicant agency or undersigned have engaged in fraudulent actions
or intentionally misrepresented facts on this application, this application will be rejected and the applicant agency may be
unable to participate in any City-funded program for two (2) complete fiscal years.
lf applying for HOME lnvestments Partnership Program/Community Development Block Grant funds, the applicant via the
undersigned certify that it has read, understands and agrees to comply with the provisions of 24 CFR 92, and all federal
regulations issued thereto by the United States Department of Housing and Urban Development (HUD).
The undersigned understand and agree to abide by the provisions of the applicable, federal, state and local regulations and
laws.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
City of Miami Beach/
Housing and Community Services255
Annual Federal Entitlement Funds Application - February 2015
Disclosure and Disclaimer
Applicant:
This Request for Proposals (RFP) is being furnished to the applicant by the City of Miami Beach (City) for the applicant's
information and convenience. Any action taken by the City in response to applications made pursuant to this RFP or in
making any award or in failing or refusing to make any award pursuant to such applications, or in canceling awards, or in
withdrawing or canceling this RFP, either before or after issuance of an award(s), shall be without any liability on the part of
the City. The contents of this RFP are neither warranted nor guaranteed by the City. Applicants interested in pursuing this
development opportunity are urged to make such evaluations as they deem advisable and to reach independent conclusions
concerning statements made in this RFP and any supplements thereto. The City reserves the right to reject any and all
applications for any reason, or for no reason, without any resultant liability to the City.
ln its sole discretion, the City may withdraw the RFP either before or after receiving applications, ffioy accept or reject
applications, and may accept applications which deviate from the RFP 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 applications in
response to this RFP.
Following submission of an application, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the application and the applicant including 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 housing development entities. lt is
the responsibility of the applicant 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 RFP.
Any reliance on these contents, or on any communications with City officials, shall be at the applicant's own risk. Prospective
applicants should rely exclusively on their own investigations, interpretations and analyses. The RFP 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 application conforming to these requirements will be
selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this RFP, the selection and the award process or whether any
award will be made. Any applicant to this RFP 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
applications submitted to the City or its advisors pursuant to this RFP are submitted at the sole risk and responsibility of the
party submitting such application.
This RFP is made subject to correction of errors, omissions, or withdrawal without notice. lnformation is for guidance only
and does not constitute all or any part of an agreement.
The City and all applicants will be bound only as, if and when an application, 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.
City of Miami Beach/
Housing and Community Services256
Annual Federal Entitlement Funds Application - February 2015
Disclosure and Disclaimer
Applicant:
Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant
liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all applications and supporting documents shall be subject
to disclosure as required by such law. All documents received by the City shall become public records.
Applicants are expected to make all disclosures and declarations as requested in this RFP. By submission of an application,
the applicant 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 application, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each applicant certifies that the information contained in the application
is true, accurate and complete to the best of its knowledge and belief.
Notwithstanding the foregoing or anything contained in the RFP, all applicants 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 RFP or any response
thereto or any action or inaction by the City with respect thereto, such liability shall be limited to 510,000.00 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 RFP, it is
understood that the provisions of this disclosure and disclaimer shall always govern. The RFP and any disputes arising from
the RFP shall be governed by and construed in accordance with the laws of the State of Florida.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
City of Miami Beach/
Housing and Community Services257
Annual Federal Entitlement Funds Application - February 2015
FY l4ltS Certification Regarding Lobbying Activities
Applicant:
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract, the making
of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. lf any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or
any employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its
instructions.
3' The undersigned shall require that the language of this certification be included in the award documents for all sub-awards
at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all
individuals receiving sub-awards shall certify and disclose accordingly.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
City of Miami Beach/
Housing and Community Services258
Annual Federal Entitlement Funds Application - February 2015
FY 14lLS Drug-Free Workplace Requirements
Applicant: 0
The Provider shall insert in the space provided below the site(s) expected to be used for the performance of work under the
grant covered by the certification:
Site l Address:
Site 2 Address:
Site 3 Address:
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Chair/ Date Signature of Board Secretary/ Date
Name/Title:Name/Title:
City of Miami Beach/
Housing and Community Services259
Annual Federal Entitlement Funds Application - February 2015
FY L4ILS Acknowledgement of Disability Nondiscrimination Affidavit
Applicant: 0
, being duly first sworn state that the above named form, corporation or organization
is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor
under this project complies with all applicable requirements of the laws listed below including, but not limited to, those
provisions pertaining to employment, provision of programs and services, transportation, communications, access to
facilities, renovations, and new construction.
. The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327,42 U.S.C. 12101-L22L3 and 547 U.S.C.
Sections 225 and 611 including Title l, Employmen! Title ll, Public Services; Title lll, Public Accommodations and Services
Operated by Private Entities; Title lV, Telecommunications; and Title V, Miscellaneous Provisions.
. The Rehabilitation Act of 1973:29 U.S.C. Section794.
. The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
. The Fair Housing Act as amended: 42 U.S.C. Section 3501-3631.
SUBSCRIBED AND SWORN TO (or affirmed) before me on
(Date)
. He/She is personally known to me or has
(Affiant)
presented
(Type of identification)
Signature of Notary
SerialNumber
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and
submit this Affidavit with the firm, corporation or organization's bid or application or fails to have this Affidavit on file
with the City of Miami Beach.
City of Miami Beach/
Housing and Community Services
by
as identification.
260
Annual Federal Entitlement Funds Application - February 2015
lead-Based Paint Certification
Applicant: 0
Applicability:
A. The lead based paint rule applies to CDBG-funded housing activities involving construction, purchase and rehabilitation.
B. The following housing rehabilitation activities are excepted:
l. Emergency repairs (but not lead based paint-related emergency repairs)
2. Weatherizing
3. Water andlor sewer hookups
4. lnstallation of security devices
5. Facilitation of tax exempt bond issuances for funds
6. Other single-purpose activities that do not include physical repairs or remodeling of applicable surfaces
7. Other activities that do not involve applicable surfaces and do not exceed 53,000 per unit.
lnspection and Testing Requirements:
The Provider shall be required to test the lead content of chewable surfaces of an apartment building to be rehabilitated, if there is a
family residing in one of the units with a child under seven years of age with an identified elevated blood level condition (concentration of
lead in blood of 25 micrograms per deciliter or greater) and the building was constructed prior to 1978.
Chewable surfaces are defined as all exterior surfaces of a residential structure, up to five feet from the floor or ground, such as: a wall,
stairs, deck, porch, railing, windows or doors that are readily accessible to children under seven years of age, and all interior surfaces of a
residential structure.
Lead content shall be tested by using an x-ray fluorescence analyzer or other method approved by HUD. Test readings of 1 mg/cm or
higher shall be considered positive for presence of lead based paint.
Required Treatment:
Treatment of lead based paint conditions must be included as part of the proposed rehabilitation work. All chewable surfaces in any room
found to contain lead based paint must be treated before final inspection and approval of work. Similarly, all exterior chewable surfaces
must be treated when they are found to contain lead based paint.
Minimum treatment involves covering or removing the painted surfaces. Washing and repainting without thorough removal or covering
does not constitute adequate treatment. Covering can be achieved by adding a layer of gypsum wallboard or fiberglass cloth barrier.
Depending on the wall condition, permanently attached, non-strippable wallpaper may be applied. Covering or replacing trim surfaces is
also permitted. Removal can be accomplished by scraping, heat treatment (infrared or coil type heat guns) or chemicals. Machine sanding
and propane torch use are not allowed.
I hereby acknowledge that I have read the specific requirements for lead based paint contained in this Certification, and understand that
my organization's project eligibility depends upon compliance with the requirements contained in this document.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Secretary/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services
Name/Title:
Signature of Board Chair/ Date
261
Annual Federal Entitlement Funds Application - February 2015
Certification Regarding Religious Activities
Applicant: 0
ln accordance with First Amendment of the U.S. Constitution - "church/state principles", CDBG assistance may not, as a
general rule, be provided to primarily religious entities for any secular or religious activities.
Therefore, the following restrictions and limitations apply to any provider which represents that it is, or may be deemed to
be, a religious or denominational institution or an organization operated for religious purposes which is supervised or
controlled by or operates in connection with a religious or denominational institution or organization.
A religious entity that applies for and is awarded CDBG funds for public service activities must agree to the following:
1. lt will not discriminate against any employee or applicant for employment on the basis of religion and will not limit
employment or give preference in employment to persons on the basis of religion;
2. lt will not discriminate against any person applying for such public services on the basis of religion and will not limit such
services or give preference to persons on the basis of religion;
3. lt will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious
proselytizing, and exert no other religious influence in the provision of such public services;
4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no
sectarian or religious symbols or decorations; and
The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned
by the Provider and in which the public services are to be provided. However, minor repairs may be made if such repairs are
directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in
dollar terms, only a minor portion of the CDBG expenditure for the public services.
I hereby acknowledge that I have read the specific requirements contained in this Certification, and that eligibility of my
organization's project depends upon compliance with the requirements contained in this document.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Secretary/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services
Name/Title:
Signature of Board Chair/ Date
262
Annual Federal Entitlement Funds Application - February 2015
Certification Regarding CDBG-Funded Construction & Rehabilitation Projects (1 of 2)
Applicant:
lf the Provider anticipates using CDBG funds for construction or rehabilitation, the following federal and City of Miami Beach
requirements must be acknowledged:
A. All construction or rehabilitation plans and specifications for the project must be approved by the City's departments of:
Planning; Office of Real Estate, Housing & Community Development; Public Works; Building; Code Compliance; and Fire. lf
the project is located in the Miami Beach Architectural District, or affects a building listed or eligible for listing on the National
Register of Historic Places, all plans and specifications must be approved by the State Historic Preservation Office (SHPO), in
accordance with the Memorandum of Understanding between the SHPO and the City.
B. The City shall not be obligated to pay any funds to the project prior to the completion by the City of an environmental
review of the project, and said review is approved by any government agencies as may be required by law.
C. The Provider will assure all wages paid to construction workers by it or its subcontractors are in compliance with federal,
state and local labor requirements. The Provider agrees to include in the construction bid specifications in connection with
this agreement the applicable Federal Wage Determination assigned to this project by HUD. The Provider must also inform
his contractor/subcontractors that they will be required to submit documents after a city-conducted pre-construction
conference and prior to construction. Weekly and/or monthly reports must be submitted thereafter, as required by the
federal government.
D. The Provider agrees to comply with, and to assure that its subcontractors comply with, the federal Office of Management
and Budget (OMB) Circular Number A-102 Attachment E for programs funded in whole or in part by CDBG funds; with federal
OMB Circular A-LO2 Attachment O for the procurement of supplies, equipment, construction and services; and with Federal
Management Circular A-87; or any other applicable OMB circular.
E. Pursuant to Section 109 of the Act, the Provider specifically agrees that no person shall be denied the benefits of the
program on the grounds of race, color, sex, religion or national origin.
F. The Provider agrees, on its own behalf and on behalf of its contractors and subcontractors, to take affirmative action in
attempting to employ low income and minority persons, as mandated by law.
G. As required by OMB Circular Number A-L02, and by Florida Statutes Section 287.O55, professional services must be
competitively selected. The competitive selection process must include a public advertisement; issuance of a request for
application and a competitive review based on uniform criteria. Selection criteria must consider the basic qualifications,
professional competence, experience and suitability of each firm. Fees for professional services must be requested as a fixed
sum and not stated as a percentage of construction costs.
H. Alldocuments, bid specifications, notices and construction drawings must be submitted forthe review and approvalof the
Neighborhood Services Department prior to public advertisement.
City of Miami Beach/
Housing and Community Services263
Annual Federal Entitlement Funds Application - February 2015
Certification Regarding CDBG-Funded Construction & Rehabilitation Projects (2 of 2l
l. The bidding process for construction contracts must include a formal advertisement, published in The Miami Review,
Dodge Reports and The Miami Builder's Exchange. This announcement must include the following:
1. The date, time and place that bid documents are available, and the same information for any pre-bid conferences and
receipt of bids.
2. The requirement of bid surety in the amount of ten percent (10%) of the bid, and a performance and payment bond equal
to LOO% of the award.
3. A standard statement regarding the "in whole or in part" federal funding of the project and the various applicable federal
regulations.
J. The City reserves the right to be present at the time of bid openings. lf City CDBG monies are the sole funding source, the
City may require that bids be received and opened by the City's Procurement Department.
K. The Provider agrees to submit to the City's Office of Real Estate, Housing & Community Development all documentation of
the steps followed in the selection of professional services and construction contracts.
L. The Provider agrees to specifo a time of completion and include a liquidated damage clause in all construction contracts.
Cost plus a percentage of cost, and percentage of construction cost contracts will not be permitted.
M. lf the Provider is awarded CDBG funds, other conditions and requirements will be specified in the funding agreement.
N. The Provider agrees that it will not start construction until an official "Notice to Proceed" has been issued.
O. Pursuant to 570.608 of the CDBG Regulations, and the new provisions in the Economic and Community Development Act
of L974 as amended, the Provider agrees to comply with the inspection, notification, testing and abatement procedures
concerning lead-based paint.
I hereby acknowledge that I have read the specific requirements contained in this Certification, and that eligibility of my
organization's project depends upon compliance with the requirements contained in this document.
Signature of Preparing Party/ Date
Name/Title:
Signature of Authorizing Party/ Date
Name/Title:
Signature of Board Secretary/ Date
Name/Title:
City of Miami Beach/
Housing and Community Services
Name/Title:
Signature of Board Chair/ Date
264
Condensed Title:
A resolution accepting the recommendation of the Finance and Citywide Projects Committee to negotiate
staggeredterm employment agreements with the City Clerk and the City Manager, with the Clty Clerk's
agreement concluding in 2018 and the City Manager's agreement concluding in 2019; with Mayor to
represent the City Commission in the negotiations of the employment agreement with the City Clerk and
the Mayor or his designee to represent the City Commission in the negotiations of the employment
agreement with the City Manager; and for the final compensation and contract terms for each to be
discussed at a Committee of the Whole workshop and a summary of the Committee of the Whole
recommendations announced at the following City Commission meeting.
COMMISSION ITEM SUMMARY
Item ndation:
On January 7, 2015, the Finance and Citywide Projects Committee (FCWPC) members discussed
employment agreements with the three Charter employees: the City Manager, the City Attorney and the
City Clerk. The City Clerk is the only Charter employee who is, and has been, working without a contract.
The FCWPC unanimously agreed that employment agreements should reflect staggered terms. The
agreement with the City Attorney, Raul J. Aguila, expires at midnight May 15,2017.
The employment agreement with City Manager, Jimmy L. Morales, expires at midnight March 31, 2015.
The Committee members also unanimously agreed that a four-year agreement be negotiated with the
Manager, resulting in an expiration date in 2019.
The agreement with the City Clerk would have an expiration date in 2018.
At the February 2, 2015, FCWPC meeting, members agreed Commissioner Jonah Wolfson would
represent the City Commission in negotiations with the City Manager. He will report back to the FCWPC.
The FCWPC also agreed that the final compensation and terms for each employee could be discussed at
a Committee of the Whole, with the recommendation announced publiclv at a Citv Commission meetinq.
Ensure expenditure trends are sustainable over the long term; lmprove City's managerial leadership to
Atthe January 7,2015, Finance and Citywide Projects Committee meeting, members voted to take the
actions set forth in the
Financial lnformation :
Source of
Funds:
Amount Account
1
2
Total
Financial lmpact Summary:
Clerk's Office
Sylvia Crespo-Tabak, Human Resources Director
n-Offs:
Department Director ACM/CFO City Mthager
SC-T-LO4i7 KGB-JLHIV ,
AGEIIDA 'IE$
C7 FMIAMIBEACHsnre 3'//-/{265
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
ISSION MEMORANDUM
TO:Mayor Philip Levine and Member of t City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION AGCEPTING THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO NEGOTIATE STAGGERED.TERM
EMPLOYMENT AGREEMENTS WITH THE CITY CLERK AND THE CITY MANAGER,
WITH THE CITY CLERK'S AGREEMENT CONCLUDING !N 2018 AND THE CITY
MANAGER'S AGREEMENT CONCLUDING lN 2O19; WITH MAYOR TO REPRESENT
THE CITY COMMISSION IN THE NEGOTIATIONS OF THE EMPLOYMENT
AGREEMENT WITH THE CIry CLERK AND THE MAYOR OR HIS DESIGNEE TO
REPRESENT THE CITY GOMMISSION IN THE NEGOTIATIONS OF THE
EMPLOYMENT AGREEMENT WITH THE CITY MANAGER; AND FOR THE FINAL
COMPENSATION AND CONTRACT TERMS FOR EACH TO BE DISCUSSED AT A
COMMITTEE OF THE WHOLE WORKSHOP AND A SUMMARY OF THE COMMITTEE
OF THE WHOLE RECOMMENDATIONS ANNOUNCED AT THE FOLLOWING CITY
COMMISSION MEET!NG.
BACKGROUND
On January 7,2015, the Finance and Citywide Projects Committee (FCWPC) members discussed
employment agreements with the three Charter employees: the City Manager, the City Attorney
and the City Clerk. The City Clerk is the only Charter employee who is, and has been, working
without a contract.
DISCUSSION
The FCWPC unanimously agreed that employment agreements should reflect staggered terms.
The agreement with the City Attorney, Raul J. Aguila, expires at midnight May 15,2017.
The employment agreement with City Manager, Jimmy L. Morales, expires at midnight March 31,
2015. The Committee members also unanimously agreed that a four-year agreement be
negotiated with the Manager, resulting in an expiration date in 2019.
The agreement with the City Clerk would have an expiration date in 2018.
At the February 2,2015, FCWPC meeting, members agreed Commissioner Jonah Wolfson would
represent the City Commission in negotiations with the City Manager. He will report back to the
FCWPC.
CO
266
Commission Memorandum
Acce pti ng F CWPC's Reco m me n d ati o n
February 1 1, 201 5 Page 2 of 2
The FCWPC also agreed that the final compensation and terms for each employee could be
discussed at a Committee of the Whole, with the recommendation announced publicly at a City
Commission meeting.
JLM/KGB/SC-T
267
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE TO NEGOTIATE STAGGERED-TERM EMPLOYMENT
AGREEMENTS WITH THE CITY CLERK AND THE CITY MANAGER, WITH THE CITY
CLERK'S AGREEMENT CONCLUDING IN 2018 AND THE CITY MANAGER'S AGREEMENT
CONCLUDING lN 2019; WITH MAYOR TO REPRESENT THE CITY COMMISSION lN THE
NEGOTIATIONS OF THE EMPLOYMENT AGREEMENT WITH THE CITY CLERK AND THE
MAYOR OR HIS DESIGNEE TO REPRESENT THE CITY COMMISSTON IN THE
NEGOTIATIONS OF THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER; AND
FOR THE FINAL COMPENSATION AND CONTRACT TERMS FOR EACH TO BE
DISCUSSED AT A COMMITTEE OF THE WHOLE WORKSHOP AND A SUMMARY OF THE
COMMITTEE OF THE WHOLE RECOMMENDATIONS ANNOUNCED AT THE FOLLOWING
CITY GOMMISSION MEETING.
WHEREAS, the City of Miami Beach has employment agreements with the City
Manager and City Attorney, two of the current three Charter City employees, and
WHEREAS, the City wishes to have an employment agreement with its third Charter
employee, the City Clerk, to expire in 2018; and
WHEREAS, the employment agreements between the City and the City Manager, City
Attorney, and the City Clerk should be staggered in terms of their expiration; and
WHEREAS, the City Manager's current agreement expires at midnight, March 31, 2015,
and the City wishes to enter into a four-year agreement with an expiration date in 2019; and
WHEREAS, the City Attorney's agreement expires at midnight May 15,2017; and
WHEREAS, at its January 7, 2015 meeting, the Finance and Citywide Projects
Committee members agreed and recommended that employment agreements should be
entered into between the City and all three of the City's Charter employees, that the terms of
such agreements should be staggered, that a four-year agreement should be entered into with
the City Manager with an expiration date in 2019, that the employment agreement with the City
Clerk should have an expiration date in 2018, and that the final compensation and contract
terms for the employment agreements with the City Manager and City Clerk be discussed at a
Committee of the Whole meeting, with the recommendations announced publicly at a City
Commission meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendations of the Finance and Citywide Projects
Committee to negotiate staggered-term employment agreements with the City Clerk and the
City Manager, with the City Clerk's agreement concluding in 2018 and the City Manager's
agreement concluding in 2019; with Mayor to represent the City Commission in the negotiations
of the employment agreement with the City Clerk, and the Mayor, or his designee, to represent
the City Commission in the negotiations of the employment agreement with the City Manager;
and direct that the final compensation and contract terms for the City Manager and City Clerk to
268
be discussed at a Committee of the Whole meeting, and a summary of the Committee of the
Whole recommendations announced at a City Commission meeting.
PASSED AND ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
269
THIS PAGE INTENTIONALLY LEFT BLANK
270
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE M.AYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMEN D ING RESOLUTION NO. 201 2. 28O82,WHICH AUTHORIZE D, PU RSUANT TO
SECTION 2.367 (D) OF THE MIAMI BEACH GITY CODE, THE SOLE SOURCE PURCHASE OF
ALLIANT TECHSYSTEMS (ATtq AMMUN|ION, FROM FLORTDA BULLET tNC., THE SOLE
SOURCE DISTRIBUTOR, TO AMEND THE ANNUALLY ESTTMATED CONTRACT AMOUNT
FOR AMMUNITION FROM $44,676.70 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN
JHE POLTCE DEPARTMENT'S BUDGET FOR AMMUNIT|ON,
lntended Outcome
Item Sum mary/Recommendatio n :
Maintain crime rates at or below national trends.
Data (Surveys, Environmental Scan, etc: N/A
AtitsDecember12,2012,meeting,theCityCommissionauthorizeo,puM
2012-28082, the sole source purchase of Alliant Techsystems (ATK) ammunition, from Florida
Bullet lnc., pursuant to Section 2-367 (d), of the Miami Beach City Code, in the amount of
$44,676.70. ATK ammunition is the Police Department's standard ammunition,
As a result, purchase orders have been issued up to the amountauthorized pursuantto Resolution
No. 2012-28082. However, the department has submitted additlonal purchase request which
requires the authorized annual amount to be increased.
RECOMMENDATION.
ADOPT THE RESOLUTION
Financial I nformation:
Source of
Funds:
Amount Account
1 *Subject to available funds in the Police Departments
budqet for Alliant Techsvstems ammunition.
2
OBP!Total
Financial lmpact Summarv:
City Glerk's Office
Alex Denis. Ext.6641
AGEMDA IIEM C 7 -G ,(s MIAMIBEACH onw 2-l/-l{
271
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR
City Com
N MEMORANDUM
SSiON
CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMEN RESOLUTTON NO. 2012-28082, WHTCH
AUTHORTZE PURSUANT TO SECTTON 2-367 (D) OF THE M!AM! BEACH CrTy
coDE, THE SOLE SOURCE PURCHASE OF ALLTANT TECHSYSTEMS (ATK)
AMMUNITION, FROM FLORIDA BULLET INC., THE SOLE SOURCE
DISTRIBUTOR, TO AMEND THE ANNUALLY ESTIMATED CONTRACT
AMOUNT FOR AMMUNITION FROM $44,676.70 TO THE AMOUNT THAT IS
ANNUALLY AVAILABLE !N THE POLICE DEPARTMENT'S BUDGET FOR
AMMUNITION.
ADMIN ISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
At its December 12,2012, meeting, the City Commission authorized, pursuant to Resolution
No. 2012-28082, the sole source purchase of Alliant Techsystems (ATK) ammunition, from
Florida Bullet lnc., pursuant to Section 2-367 (d), of the Miami Beach City Code, in the
amount of $44,676.70. ATK ammunition is the Police Department's standard ammunition.
As a result, purchase orders have been issued up to the amount authorized pursuant to
Resolution No. 2012-28082. However, the department has submitted additional purchase
request which requires the authorized annual amount to be increased.
CITY MANAGER'S RECOMMEN DATION
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission to adopt a resolution
amending the annually estimated contract amount for the purchase of Allied Techsystems
(ATK) ammunition, from $44,676.70 to the amount that is annually available in the Police
Department's budget for ATK ammunition.
CONCLUSlON
The Administration recommends that the Mayor and Commission adopt a resolution
increasing the annually estimated contract amount for the purchase of Allied Techsystems
(ATK) ammunition from $44,676.70 to the amount that is annually available in the Police
Department's budget for ammunition.
JLM/ DJO / MT/ AD
T:\AGENDA\201 S\February 1 1 \PROCUREMENT\Ammunition - Memo.doc
272
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING RESOLUTION NO. 2012.28082,
AUTHORTZED PURSUANT TO SECTTON 2-367 (D) OF THE MIAM| BEACH
CITY CODE, THE SOLE SOURCE PURCHASE OF ALLIANT TECHSYSTEMS
(ATK) AMMUNITION, FROM FLORTDA BULLET lNC., THE SOLE SOURCE
DISTRIBUTOR, TO AMEND THE ANNUALLY ESTIMATED CONTRACT
AMOUNT FOR AMMUNITION FROM $44,676.70 TO THE AMOUNT THAT IS
ANNUALLY AVAILABLE IN THE POLICE DEPARTMENT'S BUDGET FOR
AMMUNITION.
WHEREAS, at its December 12, 2012, meeting, the City Commission authorized
pursuant to Resolution No. 2012-28082, the sole source purchase of Alliant Techsystems (ATK)
ammunition, from Florida Bullet lnc., pursuant to Section 2-367 (d), of the Miami Beach City
Code, in the amount of $44,676.70; and
WHEREAS, ATK ammunition is the Police Department's standard ammunition; and
WHEREAS, as a result purchase orders have been issued up to the amount authorized
pursuant to Resolution No. 2012-28082;
WHEREAS, however, the department has submitted additional purchase request which
requires the authorized annual amount to be increased;
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and recommends to the Mayor and City Commission the
adoption of a resolution amending the contract to change the annually estimated contract
amount from $47,676.70 to the amount that is annually available in the Police Department's
budget for ammunition.
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
accept the recommendation of the City Manager to amend Resolution No. 2012-28082, to
increase the annually estimated contract amount for ammunition for the Police Department from
$44,676.70, to the amount that is annually available in the Police Department's budget for
ammunition.
PASSED AND ADOPTED THIS DAY OF 2015.
ATTEST:
Philip Levine, Mayor
APPROVED AS TO
FORM & I3NGUAGE
& FOR EXECUTION
,\- \-21-(5
Rafael E. Granado, City Glerk
Date
273
RESOLUTION NO.2012-28082
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF TI-IE
CITY OF MIAMI BEACH, FLORIDA" APPROVING, PURSUANT TO
sEcTtoN 2-367 (d) OF THE MrAMr BEACH C|TY CODE, THE SOLEsouRcE PURCHASE OF ALLIANT TECHSYSTEMS (ATK)
AMMUNITICNI, FROM FLORIDA BULLET INC., THE SOLE SOURGE
DISTRIBUTOR IN THE STATE OF FLORIDA, IN AN AMOUNT NOT TO
EXCEED $M,767.70.
WHEREAS, pursuant to Section 2-367(d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and/or services where only one source for
the products or service is evident; and
WHEREAS, the purchase of Alliant Techsystems (ATK) Ammunition, is available
from Florida Bullet lnc., the sole authorized State of Florida distributor; and
WHEREAS, the Police Department's issued duty firearm ammunition is Speer Gold
Dot Brand, and for duty rifles it is Federal Bonded, both of which are manufactured and
distributed by ATK; and
WHEREAS, the Procurement Director has determined that Florida Bullet is the
sole source and only authorized distributor for the State of Florida of Alliant Techsystems
(ATK)Ammunition; and
WHEREAS, additionally, the Administration has complied with the requirements for
sole source purchases, pursuant to Section 2-367(d) of the Miami Beach City Code.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of
the Miami Beach City Code, the sole source purchase of Alliant Techsystems (ATK)
Ammunition, from Florida Bullet lnc., the sole authorized State of Florida distributor, in an
amount not to exceed $44,767.70.
APPROVED AS TO
FORM & ISNGUAGE
& FOR E)(ECUTION
'ASSED
AND ADoprED THts lo?*l, ssy sp D!.Ccnbe( ,2012.
CLERK
ATTEST:
fl\?$.^\\//--'.
fuP,#
T:\Agenda\201 2\Decem ber 1 2\ATKAmmu nitionSoleSource\Reso.
?
274
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Approving,
Pursuant To Section 2-367(d) Of The Miami Beach City Code, The Sole Source Purchase Of Alliant
Techs s (ATK) Ammunition. From Florida Bullet lnc.
Ke lntended Outcome
Maintain crime rates at or below national trends.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendataon:
The Police Department has standardized, pursuant to Section 2-391(a) of the Miami Beach City Code, on
the ammunition manufactured byAlliant Techsystems (ATK) The Police Department's issued dutyfirearm
ammunition is Speer Gold Dot Brand, and for duty rifles it is Federal Bonded, both of which are
manufactured and distributed by Alliant Techsystems (ATK). This ammunition was selected based on FBI
testing and past field performance, and is one of the best performing police duty cartridges in the law
enforcement market.
Further, the training ammunition is the standard ammunition of most SWAT teams and military special
operations troops. The training ammunition was selected for reliability and performance in the
department's SWAT rifles, as it provides the most realistic performance when compared to their standard
duty rifle cartridge. Additionally, the selected ammunition is approved by the firearms manufacturers for
use in their weapon systems. ATK requires that all Florida agencies purchasing ATK brand ammunition do
so from Florida Bullet lnc., the sole authorized distributor for the region.
The purpose of this request is to authorize the Police Department to continue purchasing ATK brand
ammunition, in accordance with the manufacturer's distribution requirements, as a sole source purchase
pursuant to Code Section 2-367(d). ln its due diligence process, the Procurement Division publically
released an lntent to Award Pursuant to Sole Source Exemption (lTS) requesting that should any firm
believe it can meet the requirements of this procurement they should provide written notification to the
contracting officer for consideration. No responses to the ITS were received.
APPROVE SOLE SOURCE PURCHASE.
Financial lnformation :
Source of
Funds:
Amount Account
1 $44,767.70 01 '1-1 130-000343 Ammunition
2
3
OBPI Tota!$44,767.70
Financial lmpact Summary: Current FY expenditures are estimated at the approved budgeted
amount of $44,768. Future purchases will be based on approved budgeted amounts.
Alex Denis, ext. 7490
Assistant Gity
MIAMIBEACH
275
E MIAMIBEACH
City of Miqmi Beoch, ,l700
Convention Center Drive, Miomi Beoch,.Florido 331 39, www.miomibeoch{l.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FRoM: Kathie G. Brooks, lnterim City Manag * /^ ,b
DATE: December 12,2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING A SOLE SOURCE
PROCUREMENT, PURSUANT TO SECTTON 2-367 (d) OF THE MIAMI
BEACH CITY CODE, FROM FLORIDA BULLET, INC., THE SOLE SOURCE
DISTRIBUTOR IN THE STATE OF FLORIDA, FOR THE PURCHASE OF
ALLIANT TECHSYSTEMS (ATK) AMMUN|TION, FOR THE DEPARTMENT
oF POL|CE, tN AN AMOUNT NOT TO EXCEED $44,767.70.
ADMIN!STRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
Maintain crime rates at or below nationaltrends.
AMOUNT AND FUNDING
Account Code: 011.1'130.000343 - $44,767.70 - Ammunition
Current FY expenditures are estimated at the approved budgeted amount of $85,300.
Future purchases will be based on approved budgeted amounts.
BACKGROUND AND ANALYSIS
The Police Department has standardized, pursuant to Section 2-391(a) of the Miami
Beach City Code, on the ammunition manufactured by Alliant Techsystems (ATK) The
Police Department's issued duty firearm ammunition is Speer Gold Dot Brand, and for
duty rifles it is Federal Bonded, both of which are manufactured and distributed by Alliant
Techsystems (ATK). This ammunition was selected based on FBI testing and past field
performance, and is one of the best performing police duty cartridges in the law
enforcement market.
Further, the training ammunition is the standard ammunition of most SWAT teams and
military special operations troops. The training ammunition was selected for reliability
and performance in the department's SWAT rifles, as it provides the most realistic
performance when compared to their standard duty rifle cartridge. Additionally, the
selected ammunition is approved by the firearms manufacturers for use in their weapon
systems. ATK requires that all Florida agencies purchasing ATK brand ammunition do so
from Florida Bullet lnc., the sole authorized distributor for the region.
276
December 12,2012
Commission Memorandum
Ammunition Sole Source
Page 2 ot 2
The purpose of this request is to authorize the Police Department to continue purchasing
ATK brand ammunition, in accordance with the manufacturer's distribution requirements,
as a sole source purchase pursuant to Code Section 2-367(d). Attached is a letter sent
by Altiant Techsystems, lnc. (ATK), stating that they use a regional distribution system
that has designated Florida Bullet lnc., as the only approved State of .Florida distributor.
ATK does not sell directly to law enforcement agencies, therefore, these products can
only be purchased from their designated distributor. ln its due diligence process, the
Procurement Division publically released an lntent to Award Pursuant to Sole Source
Exemption (lTS) requesting that should any firm believe it can meet the requirements of
this procurement they should provide written notification to the contracting otficer for
consideration. No responses to the ITS were received.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the
attached resolution, authorizing a sole source procurement, pursuant to Section 2-367
(d) of the Miami Beach City Code, from Florida Bullet lnc., the sole authorized distributor
in the State of Florida, for the purchase of Alliant Techsystems (ATK) ammunition.
T:\AGENDAlo91 2\12-12-1 2\AmmunitionSole Source Memo.doc
277
THIS PAGE INTENTIONALLY LEFT BLANK
278
COMMISSION ITEM SUMMARY
Item Summary/Recommendation :
At its December 14, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to lnvitation to Bid (lTB) No. 10-
10111 for the repair and replacement of various types of electric motors on an as-needed basis for
the Public Works Department. Consequently, the item was passed and adopted authorizing the
Administration to execute an agreement, in the annually estimated amount of $60,000.
As a result, purchase orders have been issued up to the amount authorized by City Commission on
December 14,2011. However, the department has submitted additional purchase requestwhich
requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to issue a
solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 201412015 expenditures.
RECOMMENDATION
ADOPT THE RESOLUTION
Adviso Board Recommendation:
Source of
Funds:
Amount Account
1 Subject to available funds in the Public Works
Department's budqet for these services.
2
OBPI Total
Financial lmpact Summary:
Clerk's Office islative Trac
n-Offs:
T:\AGENDA\201 5\F REMENT\Electric and Repair lncrease -
Summary.doc
AGETIIT}A fiEM C7 H
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING A CONTRACT AWARD PURSUANT TO TNVTTAT|ON TO BtD (tTB) NO.
10-10111 TO AMEND THE ANNUALLY ESTIMATED CONTRACT AMOUNT FOR ELECTRIC
MOTOR REWIND AND REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
lncrease Community Satisfaction with Citv Services
Data (Surveys, Environmental etc: N/A
Financial I nformation:
Alex Denis, Ext. 7490
# A*IAnAIMMCH axsx &l/-l{279
MIAMIBEACH
City of Miqmi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR
MIAMI BEACH, FLORIDA, AMENDING A CONTRACT AWARD PURSUANT TO
INVITATTON TO BtD (tTB) NO. 10-10t11 TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELEGTRIC MOTOR REWIND AND
REPAIR SERVICES FORTHE PUBLIC WORKS DEPARTMENT FROM $60,000
TO THE AMOUNT THAT IS ANNUALLYAVAILABLE IN THE PUBLIC WORKS
DEPARTMENT'S BUDGET FOR SUCH SERVICES.
ADMIN ISTRATION RECOMMEN DATION
Adopt the resolution.
BACKGROUND
At its December 1 4, 2011, meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of a contract pursuant to lnvitation to Bid (lTB) No.
10-10111 for the repair and replacement of various types of electric motors on an as-needed
basis for the Public Works Department. Consequently, the item was passed and adopted
authorizing the Administration to execute an agreement, in the annually estimated amount of
$60,000.
As a result, purchase orders have been issued up to the amount authorized by City
Commission on December 14,2011. However, the department has submitted additional
purchase request which requires the authorized annual amount to be increased.
The Contract for these professional services expires in January 2016. The City intends to
issue a solicitation in anticipation of the contract expiring.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the Fiscal Year 201412015 expenditures.
CITY MANAGER'S RECOMMENDATION
After considering the review and recommendation of City staff, the City Manager exercised
his due diligence and recommends to the Mayor and City Commission to adopt a resolution
amending the annually estimated contract amount, increasing the annually estimated
contract amount per contract, pursuant to lnvitation to Bid (lTB) No. 10-10111, from $60,000
to an amount up to the Public Work's annually budgeted amount for such services.
CONCLUSION
The Administration recommends that the Mayor and Commission adopt a resolution
increasing the annually estimated contract amount per contract, for electric motor rewind and
repair services from $60,000 to an amount up to the Public Works Department's annually
budgeted amount for such services.
JLM/MT/EC/AD
T:\AGENDA\201S\February\PROCUREMENT\Electric Motor Rewind and Repair Services Authority lncrease - Memo.doc
COMMISSION MEMORANDUM
CITY COMMISSION OF THE CITY OF
280
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING A CONTRACT AWARD PURSUANT
TO TNVTTATTON TO BID (tTB) NO. 10-10t1l TO AMEND THE ANNUALLY
ESTIMATED CONTRACT AMOUNT FOR ELECTRIC MOTOR REWIND AND
REPAIR SERVICES FOR THE PUBLIC WORKS DEPARTMENT FROM
$60,000 TO THE AMOUNT THAT IS ANNUALLY AVAILABLE !N THE PUBLIC
WORKS DEPARTMENT'S BUDGET FOR SUCH SERVICES.
WHEREAS, at its December 14,2011, meeting, the City Commission accepted the City
Manager's recommendation pertaining to the award of contracts pursuant to lnvitation to Bid
(lTB) No. 10-10111 for Electrlc Motor Rewind and Repair Services, for the City's Public Works
Department; and
WHEREAS, Contract award was passed and adopted by the City Commission
authorizing the Administration to enter into an agreement with Condo Electric Motor Repair,
Corp. as primary vendor, and TAW Miami Service Center, lnc. as secondary vendor; and further
Authorizing the Mayor and City Clerk to execute agreements in the annually estimated amount
of $60,000; and
WHEREAS, Purchase Order No. 021128 was created on February 8,2013, in the
amount of $65,000; and
WHEREAS, in October 16,2013 purchase order No. 022660 in the amount of $143,000
and in October 14, 2014 purchase order 025672 in the amount of $80,000 were created,
reflecting the increase needs in these services; and
WHEREAS, after considering the review and recommendation of City staff, the City
Manager exercised his due diligence and recommends to the Mayor and City Commission the
adoption of a resolution amending the contract to change the annually estimated contract
amount from $60,000 to the amount that is annually available in the Public Works Department
budget for such services.
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
accept the recommendation of the City Manager to amend Contract award pursuant to lnvitation
to Bid (lTB) No. 10-10111 to increase the annually estimated contract amount for electric motor
rewind and repair services for the Public Works Department from $60,000 to the amount that is
annually available in the Public Works Department budget for such services.
PASSED AND ADOPTED THIS DAY OF
ATTEST:
2015.
Philip Levine, Mayor
APPROVED AgTO
FORM & I-ANGUAGE
& FOR D(ECUTIOI{
t-Lt-\,
rrr.-....4
Dats
Rafael E. Granado, Gity Clerk
281
r-'.3r
_: t9.13.?Dri
''
",i'i i.i BEACi-i
City of Xliomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www-miomibeochfl.gov
I
Jimmy L.tloroles, City Monoger
tIel:3O5473J010 , Fox: 305473-7782
December 22,2014
Mr. Hector Gomez
Condo Electric Motor Repair, Corp.
3615 East 10u Court
Hialeah, Florida 33013
Submifted via E-mail: condosales@bellsouth. net
Subject: RENEWAL OF AGREEMENT PURSUANT TO ltlVlTAnON TO BID NO. 10-10/11
CONDO ELECTRIC MOTOR REWND AND REPAIR SERVICE
Dear Mr. Gomez:
This letter shall serve as notification that the City has approved a one (1) year extension of the
agreement with Condo Electric Motor Repair, Corp., for motor rewind and repair service, pursuant to
the above-referenced lTB. The Agreement shall now be effective through January 16, 2016-
Should you have any questions or need additional information please contact Yolanda Cintado-
Seigl ie at 305{ 73-7490 or volandacintado.spiglie@miami beachfl .oov.
We ore annined o proading excelbnt public service and sofety to oll who live, v,<:l*, od day in ou wbronl, lropicol, historic corrrmunaty
!.,
282
CIry of tliomi Beach, I T0O Gnrrentton Cenlar Drive; Micimi Bedch, Flori& 93 l 99, wwrrr.miqmibcoclil,g.o,
PRoCUREMENI DEP/IRTMENi Te k 3oss7!749o. nu*: zs6"3ea.ao1 o
Subrnitbd via E-mai[ltoi eondosaleSj0b6llsdUth:.nef
December 15,?0,14
Gondo.Electria'Motoi Rep.ail Oorp.
Mr. Hector Gom6z'
aOIS east 10h'Court
Hialeah, FloriCa :$301 g
Subject RENEWAL OF AGREEIUIENT PURSUANT TO INVIT,ATION TO BI,D'NO. .1OTI$I11
coNtro ELECTRTG MOTOR'REWIHo aruo drFnrn sEnvlde -
Dear Mr. Gomez
Agreement ITB-10..10/11 (t!.re {Agr:eemenfl),between'the Cf[y of Miami Beaoh (the "Gltf) and
Condo Electic Motor Repbh, coip. 1'contrbctof), pursuant?o the:above-reference.O siiticitrition,
expires on January 16, 20-1 5, Section 2.2 ctf the agreement allows,br the Agreement to be
exiended for an additional, one (1 ) year perfod through January 1 6, Z0 I 6.
The purBose of $is letter iS to seek Coniaelor's soncuRence to -a;<.tend the {greement, at the
same terms, conditions, and pricing as set forth ln the Agreement. lf Conthctor agrees to'
exteind the term of the Agreernent for the addftional period, pleaseslgn in the.sp,ace [rwidedbelow and refum this document to Yolanda Gintado-Seiglie ai lthe C!ty's' Pr:ocurement
Departm ent by'Dece.rnbe r 19, 2A1 4.
This lett6r dseS not coJlstitute an extensiOn to the Agreernent. lf Contraetor agirpes to
extend the Agieement, (he city Manag"riCttv comrniliion *ur il;id.a th; .ft-"*i""
and, if approved, Contractor will be notified of said extension of Agreement under
separate cover.
Should you haye any questions or need additional infornation, please contact Yolanda Cintado-
Seiglie at 305-67,4-7490 or- lolandaeintado-seiglie@rriiamibeachfl .qov.
through January 17i 2016.
FH;EHffi* .
rIIi.II.IJJ'EN.L
283
COMMISSION ITEM SUMMARY
Condensed Title;
Request For ApprovalTo Award Contracts To Motor Repair, Corp, As Primary Vendor, And
TAW MiamiService Center, lno. As Secondary Vendor, PursuantTo lnvitation To Bid (lTB) No, 1O-10/1'1, For
Electric Motor Rewlnd A49!.Sep4 servlqqsln The Annual Estimated Amount of $60,000.
Supporting Data (Surveys, Envlronmental Scan, etc.):
lssue:
Shall the Citv Commission
to TGioff
201 1 . The purpose this ITB is to establish a contract, by means of sealed bids, to a qualifled supplier(i) for
the repair and replacement of various types of electric motors on an as-needed basis. The repaii dervices to
be provided are the rewlnding of statorc and rotors, replacements of bearlngs and seals, complete motor
repair, rewindlng of transformers, machining, crane service and additional services when required.
The awarded contrac-ts shall remain in effect for a period of (1) year from date of contract execution by the
Mayor and City Clerk, and may be renewed by mutual agreement by the Clty Manager and contract awarded
vendor, for three (3) addltlonal years, on a year to year basis.
A Technical Revlew Panel (the "Panel'), comprbed of Clty staff members, convened on Sepbmber 28,2011
to review and evaluate all responsive bids. Condo Electric recelved high scores in quallfications from panel
'members. Condo has been ln business since 1952, and has contracts with Miaml-Dade Water and Sewer
Department, Martin county, city of sunrise, city of Miami, city of Hollywood, among others.
The Panel recommended award of a contract to Condo Electric. Additionally, it ls recommended that TAW
Miami Service be awarded as Secondary Vendor.
APPROVETHEAWARD
Board Recommendation:
Source of
Funds:[-tl#e Itt
OBPI
Public Works Water Accounl425441
Public Works Storm Account 427-0427-AA$42.
Financlal lmpact Summary:
Gus Lopez Ext, 6&ll
#S MtAMtB:EAfiH ,47
AEEilDA *am C AD
284
€. MIAMIBEACH
Clfy of Miomi Beoch, 1700 Convenllon Conler Drive, Mlomi Beoch, Florido 33 I 39, www.miomibeochfl,gov
COMMISSION MEMORANDUM
Mayor Matti Herrera Bower and Members of the C,i y Commission
FRoft Jorge M. Gonzalez, City Manager
DATEr December 14,2A11
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS TO CONDO ELEGTRIC
IUTOTOR REpAlR, CORP. AS PRh'tARy VENDOR, AND TAVI' MtAMt SERVTCE
CENTER, lNC. AS SECONDARY VENDOR, PURSUANT TO tNVtTATtON TO
BtD (tTB) NO. 10-{0rt{, FOR ELEGTRIG iTOTOR REWND AND REpAtR
SERV|CES, tN THE ANNUAL ESTTMATED AMOUNT OF $60,000.
ADMINISTRATION RECOMMENDANON
Approve the Award of contracts.
KEY INTENDED OUTCOTUIE
Maintain City's lnfrastructure.
FUNDING
$45,000 PublicWorksSewerAccount425=0420-000342
$5,000 PublicWorksWaterAccount425-0410-000342
$10.000 _ PubligWorks StormAccount,42T-M27-000342
$60,000 Total
The funding information is based on actual Purchase Orders issued during Fiscal Year
2011. Additional funding may required due to increased need of services, subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
ANALYSIS
The purpose of lnvitation to Bid (the nlTB") No, 10-10111 is to establish a contract, by means
of sealed bids, to a qualified supplie(s) for the repair and replacement of various types of
electric motors on an as-needed basis. The repairservices to be provided arethe rewinding
of stators and rotors, replacements of bearings and seals, complete motorrepair, rewinding
of transformers, machining, crane service and additional seruices,when required.
This contract shatl remain in effect for a period of (1) year from Oate of contract Execution by
the Mayor and City Clerk, and may be renewed by mutual agreement by the City Manager
and contract awarded vendor, for three (3) addltional years, on a year to year basis.
48
285
Commission Memorandum
ITB 10-1 0/1 1 - Electric Motor Rewlnd and Repair Services
December 14, 2011
Page 2
Prp PROCESS
ITB No. 10-10111, was issued on June 13,2011 with a bid opening date of July 14,2011.
Three (3) addenda were issued to provide additional information and to respond to all
questions submitted bythe prospective bidders, thusextending the bid opening due dateto
July 21 ,2011.
Bldsync issued bid notices to 210 prospective bidders, The notices resulted in the receipt of
4 bids from the following companies:
. Condo Electric Motor Repalr Corp.. TAC Armature and Pumps Corp.. TAW Miami Service Center, lnc.. Electrix USA, lnc.
The ITB stipulated that award of this contract may be made to the primary and secondary
lowest and best bidders. Should the primary vendor fail to comply with the Terms and
Conditlons of this Contracl, the City reserves the right to award to the secondary vendor, lf il
is deemed to be in the best interest of the City.
ln determining the lowest and best bidder, the City utilized the *Best Value' Procurement
process to select a contrador with the experience and qualifications; the ability; capability,
and capacity; and proven past successful performance for the electric motor rewind and
repair servicEs. A Technical Review Panel (the oPanel"), comprised of City staff members,
convened on September 28,2011 to review and evaluate all responsive bids. Bids were
evaluated and ranked according to the followlng criteria:
Experience and qualifications of the Bidder (20 points);
Coq! (50 pol1tts).
Operation Plan 1ZO points).
Past perficrmance based on number and
Evaluation Surveys (10 points).
quality of the Performance
The Panel scored all bidders as follows:
Condo Electric received high scores in experience and qualifications from panel members, Their
1 8,000 sq. ft, facility is an EASA (Electrical Apparatus Service Association) certified repair shop
that services and repairs electric motors, pumps, generators, hoist, transformers, gear motors,
speed reducers and many products.
1.
2.
3.
4.
EIie Fakie Julian Perez
Anthony
Minev
Baby
Thomas
Low
Aooreqate
Totals
Rankino
OrderRank
Total
Polnts Rank
Total
Pninlc Rank
Totel
Points Rank
Totel
Palnh
Condo Electric 1 83 1 100 2 7S 1 B5 5 1
TAW Miami
Serulca 2 a2 2 100 1 81 3 70 I 2
TAC Armature
and Pumps 3 80 4 80 3 77 2 80 12 3
Electrix USA 4 78 3 85 4 67 4 65 15 4
o break as histop ranked,EA
49
286
Commission Memorandum
ITB 10-10/11 - Electdc Motor Rewlnd and Repair Servlces
Deoember 14,2011
Page 3
Condo has been in business since 1952, and has contracts with Miami-Dade Water and
Sewer Department, Martin County, City of Sunrise, City of Miami, City of Hollywood, among
others.
The Panel recommended award of a contract to Condo Electric. Additionally, it is
recommended that TAW Miami Service be awarded as Secondary Vendor. See attached
Bid Tabulation.
COST COITIIPARISON
The table below shows a cost comparison between the cunent rates and the unlt prices
received pursuant to the lTB, for various sizes of motors:
Descrlptlon
Cost Per
Thls ITB
Gurent
Contract
3 Phase Motor. 30 HP. 460 V. Raconditionino $695 $750
3 Phase Motor. 75 HP.460 V. Reconditionino $1,150 $1.360
3 Phase Motor. 75 HP. 460 V. ReBuildino $2.100 $2.250
3 Phase Motor. 125 HP. 460 V. Reconditionino $1.890 $1.924
3 Phase Motor. 250 HP. 460 V. Reconditionlno $2.700 $3.175
Submersible Pumo. 15 HP. 3 Phasa. Recondltionlno s1.200 s1.553
Since lt is unknown what size ortype of motors will need repairs during theyear, it is difflcult
to ascertain or estimate the savings. However, the results of this ITB are that cost savings
will be reallzed when compared to current contract rates.
CONCLUSION:
Based on the aforementioned, the Adminisfation recommends that the Mayor and Clty
Commission award contracts to Condo Electric Motor Repair, Corp. as primary vendor, and
TAW Miami Service Center, lnc. as secondary vendor, pursuant to ITB No. 10-10/11 for
Motor Rewind and Repair Services, in the estimated annual amount of $60,000.
T:\AGENDA\2011\12-14-11\lTB '10-1G11 Motor Rewlnd and Repalr Services MEMO.doc
50
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289
S MIAAAIBEACH
TITLE:
CONTRACT NO.:
EFFECTIVE DATE(S): This Contract shall remain in effect for one (1) year from date of
Contract execution by the Mayor and City Clerk and may be renewed,
at the sole discretion of the City, through its City Manager, for three
(3) additional one (1) year term.
SUPERSEDES:ITB No, 10-06107
CONTRACTOR(S): Condo Electric Motor Repair, Corp.
ESTIMATED ANNUAL CONTRACT AMOUNT: $60,000
CTTY OF MIAMT BEACH I
CERTIFICATION OF CONTRACT
Electric Motor rewind and Repair Service
10-10t11
A.
B.
AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida, on December 14, for approval to award a contract, upon
execution between the City of Miami Beach, Florida, and Contractor.
EFFECT - This Contract is entered into to provide electric motor rewind and repair
service, pursuant to City lnvitation to Bid No. 10-10/11 and any addenda thereto(the
ITB), and Contractor's bid in response thereto (this Contract, the lTB, and Contractor's
bid in response thereto may hereinafter collectively be referred to as the "Contract
Documents").
ORDERING INSTRUCTIONS - AII blanket purchase orders shall be issued in
accordance with the City of Miami Beach Procurement Division policies and procedures,
at the prices indicated, exclusive of all Federal, State and local taxes. All blanket
purchase orders shall show the City of Miami Beach Contract Number 10-10111.
CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to Fred Beckmann, City of Miami Beach, Public Works
Director at 305-673-7000 ext. 6012.
INSUMNCE CERTIFICATE(S) - The Contractor shall file lnsurance Certificates, as
required, which must be signed by a Registered lnsurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F, ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. ln addition, Contractor shall not subcontract delivery of supplies, or
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
C.
D.
E.
290
Certification of Contract
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation,
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contracto/s
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS - Excellent Customer Service is the standard of
the City of Miami Beach, As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES - ln accordance with the Public Crimes Act, Section 287.133,
Florida Statutes, a person or affiliate who is a contractor, consultant or other provider,
who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to the
City, may not submit a bid on a contract with the City for the construction or repair of a
public building or public work, may not submit bids on leases of real property to the City,
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the City, and may not transact any business with the
City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
category two purchases for a period of 36 months from the date of being placed on the
cQnvicted vendor list Violation of this section by Contractor shall result in cancellation of
the Contract and may result in Contractor debarment.
INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. ln providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents.
The parties expressly acknowledge that it is not their intent to create any rights or
obligations in any third person or entity under this Contract and/or the Contract
Documents.
J.
291
Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified, The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Gus Looez. Procurement Director' Citv of Miami Beach
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
With copies to:
Fred Beckmann. Public Works Director
Citv of Miami Beach
Public Works
1700 Gonvention Center Drive
Miami Beach. Florida 33{39
For Contractor:
Gondo Electric Motor Repair. Corp.
3615 East 10th Gourt
Hialeah. Ft 33013-
Attn: Hector A. Gomez. President
Phone: 305-69{ -5400
Fax: 305-69{-6564
E-mail: condosales@bellsouth. net
MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
SEVERANCE - ln the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
L.
M.
292
Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Gontract, Contractor and Gity hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Gontractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
O. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shalt prevail.
293
Certification of Contract
lN WITNESS WHEREOF the Citv and.Contractor have caused this Certification of Contract to
be signed and attested on this'-ru- day of {fr'fJ , zofL, by their respective duly
authorized representatives.
CONTRAGTOR CITY OF MIAMI BEACH
4rrroa- Gorn,InaLt*rtl l7, al tt
DatePrint Name
I *.-r- /o//
ATTEST:
Print Name
Gity Clerk
6otnur{,,
/-s-/0//,
F:\PURC\$ALL\MARTA\Bids\10-11\MotorRewind\Conhact\lTB-10-10-ll MotorRewindcont.doc
APPHOVED AS TO
FORM & LANGUAGE
UTION
l#1"
294
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Waiving, By
5/7ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best
Interest Of The City, And Authorizing The City Manager To Negotiate And Execute A Service Contract
With Mai Engineering Services, Inc, To lnstall A Hybrid Sheet Piling Seawall System Manufactured By
Truline, ln The Amount Of $390,000 Plus A Total Project Contingency ln The Amount Of $'19,500; For A
Total Amount Of $409. 500.
COMMISSION ITEM SUMMARY
Advisory Board Recommendation:
Financial lnformation:
lntended Outcome Su
Ensure a viable seawall
Supporting Data (Surveys, Environmental Scan, etc: The seawall at Muss Park is structurally
Item Summary/Recommendation:
ln December 2013, the City contracted the services of Atkins North America, lnc., to design the
rehabilitation of a 330 linear foot of seawall at Muss Park. An evaluation of the seawall discovered that
the wall had cracks and structural deficiencies, and even some portions of the wall had fallen off. Atkins
North America, lnc. designed a wall with a traditional steel sheet pile system, incorporating tie-back
anchors, The design was completed in May 2014.
ln June 20'14, Public Works staff members attended an engineering conference where they were
introduced to Truline, a manufacturing company specializing in industrial valves. One oi highlights of the
presentation was a hybrid sheet piling system. Staff took special interest in this product for its potential
usage for seawall construction, including the following benefits:
. lt is a steel-reinforced, concrete filled, polymer U-channel that provides the strength of a traditional
wall;. The installation method is efficient and boasts a 50 year service life (a kaditional seawall service
life lasts approximately 30-a0 years); andr The cost estimate to construct a traditional sheet pile system at Muss Park is approximately
$776,000, The cost estimate to construct a Truline hybrid sheet pile system is $390;000,
representing a \Qo/o cost saving for the City.
The proposed hybrid sheet pile system is manufactured by Truline and installed by MAI Engineering
Services. Their experience with using this product in the past few years in the State of Florida has prorren
to be successful. Public Works staff would like to try out a pilot program for the Muss Park seawall, and
execute a contract agreement with MAI Engineering Services to construct the hybrid seawall.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION.
302-276'l -069357 caoital - contracts
City Clerk's Office Legislative Tracking:
Sign-Offs: Department
_ Director
AssistaftEd 'lt{anager
r\City lv nager
ETC Y(tuT u/JLM l^
S\February\PUBLIC WORKS\Bid Waiver - suMMARY.docx
(
* MIAMIBTACH --AGENDA ,rz* C7I
olrre 2'll'l{
295
g MIAMIBEACH
City of Miomi Beoch, I200 Convenlion Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflthe City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTTON OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST
OF THE CITY, AND AUTHORIZING THE GITY MANAGER TO NEGOTIATE AND
EXECUTE A SERVICE CONTRACT WITH MAI ENGINEERING SERVICES, INC. TO
INSTALL A HYBRID SHEET PILING SEAWALL SYSTEM MANUFACTURED BY
TRULINE, IN THE AMOUNT OF $39O,OOO PLUS ATOTAL PROJECT CONTINGENCY
lN THE AMOUNT OF $19,500; FOR A TOTAL AMOUNT OF $409,500.
FUNDING
$409.500 302-2761-069357 Capital- Contracts
$409,500
BACKGROUND
Total
ln December 2013, the City contracted the services of Atkins North America, lnc., to design the
rehabilitation of a 330 linear foot of seawall at Muss Park. An evaluation of the seawall discovered
that the wall had cracks and structural deficiencies, and even some portions of the wall had fallen
off. Atkins North America, lnc. designed a wall with a traditional steel sheet pile system,
incorporating tie-back anchors. The design was completed in May 2014.
ln June 2014, Public Works staff members attended an engineering conference where they were
introduced to Truline, a manufacturing company specializing in industrial valves. One of highlights of
the presentation was a hybrid sheet piling system. Staff took special interest in this product for its
potential usage for seawall construction, including the following benefits:
o lt is a steel-reinforced, concrete filled, polymer U-channel that provides the strength of a
traditional wall;o The installation method is efficient and boasts a 50 year service life (a traditional seawall
service life lasts approximately 30-40 years); and. The cost estimate to construct a traditional sheet pile system at Muss Park is approximately
$776,000. The cost estimate to construct a Truline hybrid sheet pile system is $390,000,
representing a 50% cost saving for the City.
296
Commission Memorandum
Muss Park pilot program
February 1 1, 201 5
F*15* l2
The proposed hybrid sheet pile system is manufactured by Truline and installed by MAI Engineering
Services. Their experience with using this product in the past few years in the State of Florida has
proven to be successful. Public Works staff would like to try out a pilot program for the Muss Park
seawall, and execute a contract agreement with MAI Engineering Services to construct the hybrid
seawall.
CONCLUSION
The Administration recommends approving the Resolution.
rLMtMrt#HR
T:\AGENDA\201S\February\PUBLIC WORKS\Bid Waiver_Muss Park Seawall_Truline_MAl - MEMO.doc
297
RESOLUTION TO BE SUBMITTED
298
r ^f. ^e. ,c
I-,^(-,
t915.20r5
it,lii,lMiBfACH
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITYATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FRoM: RAUL J. AGUIUQ-Q-Cg'I-
CITY ATTORNEY
DATE: FEBRUARY 4,2015
suBJEcr: A RESOLUTION oF THE MAYOR AND ctrY coMMtsstoN oF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION S2-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER ANDTHE DRAKE CONDOMINIUM ASSOCIATION, INC., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
The above referenced Resolution pertains to the renewal of an existing Revocable
Permit to maintain a handicap access ramp on a portion of the public right of way
abutting the Drake Condominium, located at 1460 Ocean Drive, Miami Beach, Florida;
which ramp has been there for twenty years.
Even though this is a request for renewal of an existing Revocable Permit, and not a
new application, I would nevertheless recommend that, in accordance of the
requirements of City Code Section 82-93(a), the City Commission approve the attached
Resolution setting a public hearing to consider such renewal.
Agenda lt" --Cl d
Date 411:l{299
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING, AS REQUIRED PURSUANT TO SECTION S2-93(a)
OF THE CITY CODE, TO CONSIDER RENEWAL OF AN
EXISTING REVOCABLE PERMIT FOR VERA MENDER AND
THE DRAKE CONDOMINIUM ASSOClATlON, ING., TO
CONTINUE TO RETAIN AN EXISTING HANDICAP ACCESS
RAMP IN THE CITY RIGHT OF WAY ABUTTING THE DRAKE
CONDOMINIUM, LOCATED AT 1460 OCEAN DRIVE, MIAMI
BEACH, FLORIDA.
WHEREAS, on June 15, 1994, the City Commission approved Resolution No. 94-21188
(the "Resolution"), granting a Revocable Permit (the "Permit") to Vera Mender and South Ocean
Beach Properties, lnc. to allow for construction of a handicap access ramp (the "lmprovements")
on a portion of the City right of way abutting the Drake Condominium, located at 1460 Ocean
Drive, Miami Beach, Florida, for handicap access to the condominium (the "Resolution and
Permit" are attached as Exhibit "A" hereto); and
WHEREAS, the lmprovements were constructed in 1994, following approval and
execution of the Permit, on a five (5) by thirty (30) foot section of the City right of way; and
WHEREAS, the lmprovements have been continuously maintained and utilized since
1994; and
WHEREAS, the Permit provides for an initial term of twenty (20) years, as allowed
pursuant to Section 82-95(c) of the City Code; with such term having commenced on July 1,
1994, and ending on June 30,2014; and
WHEREAS, Ms. Mender and The Drake Condominium Association, lnc., as the
successor in interest to South Beach Ocean Properties, lnc. (collectively, Mender and the
Condominium Association are also referred to herein as the "Permittee"), wish to continue to
maintain the existing lmprovements on the abutting City property and, accordingly, have
requested that the existing Permit be renewed for an additional twenty (20) year term; and
WHEREAS, other than the request for extension of the initial term (which has expired),
all other terms and conditions of the original Permit would remain unchanged including, without
limitation, Permittee's continued obligation to maintain the lmprovements; and
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission shall
schedule a public hearing to consider the request and, additionally, pursuant to Code Section
300
82-93(b), shall provide at least fifteen (15) days'notice of such hearing to owners of land lying
within 375 feet of the existing permit area.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that a public hearing, as required
pursuant to Section 82-93(a) of the City Code, to consider renewal of an existing Revocable
Permit for Vera Mender and the Drake Condominium Association, lnc., to continue to retain an
existing handicap access ramp in the City right of way abutting the Drake Condominium, located
at 1460 Ocean Drive, Miami Beach, Florida.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F:\ATTO\AGU R\RESOS-ORD\Drake Condomin ium Revocable Permit (2-4-1 5).docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
z- 4' t5
-
Dote
301
RESOLUTIONNO. e4-2rr88
A RESOTUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF M!AM! BEACH, TLORIDA, AUTHORTZTNG THE
MAYOR, AND CITY CLERK TO EXECUTE A REVOCABTE
PERMIT IN FAVOR OF VERA MENDER AND SOUTH OCEAN
BTACH pROpERTtEt tNC., FOR rHE CONSTRUCTTON OF A
HANDICAPACCESS RAMP ON THE PUBTIC RTGHT OF WAY
ABUTTING THE NORTH IINE OF THE DRAKE
coNDoMtNtuM, tocATED AT 1460 OCEAN DRIVE.
WHEREAS, Vera Mender and South Ocean Beach Properties, lnc. have requested a
Revocable Permit for the construction of a handicap access ramp on the public right of way
abutting the North line of the Drake condominium, located at l460 ocean Drive; and
WHEREAS, the Administration recommends granting the Revocable Permit, attached
hereto and incorporated herein as "Exhibit "A', and the city Attomey has approved it as to
form.
NOW THEREFORE, BE tT DUty RESOIVED By THE MAYOR AND CITY
coMMlssloN oF THE clrY or MlAMt BEACH, FtoRtDA, that the Mayor and city clerk
are authorized to o(ecute the attached Revocable Permit in favor of Vera Mender and South
Ocean Beach Properties, tnc., for the construction of a handicap access ramp on the pubtic
Right of Way abutting the north line of the Drake Condominiums, located at l4G0 Ocean
Drive.
PASSED and ADOPTED this 15th day of June 1994.
ATTEST:MAYOR
. CITY CLERK
RJA/cnm
R,lAdsk2\a:Vrendeeres
Exhibit "A"
4q
302
CITY C]F MIAMI BEACH
CITY HALL ITOOCONVEI{TION CENTEF ORIVE MIAMI BEACH FLORIOA 3i}139
oF?rcc ot Txc ctrY IAXAOIi
TEIITHOII* (tGl a7}r0t0
IO:
DATE:June 15,1994
Fhoil:
Attachnente
RucrzDR/vgk
ooMMTSSTON MEMOMNDUM NO. 4!L?4'^r:(t0r)f'&zra
Uep Seyrnour GCbe? uld
lletnben oa the Ory Com.nbllonW
sirBrECr: fril[-H{ii fi*lilid&rliri$,,"*3I"i,1il3lEi:lEurlltro !E! Dnrrr corDoxrrrut, ill;-oafu Dnrv!, ro! 2rr8! ot ocErtr DBtv! rrrrrgroi, ;irci-iilrr"reRg DrnarEuBDrvrttor ot lLror EllcE.
*:ffn?1.*r."r.1t"tcab1e Petmlt for vera lrender and south ocean
rocacea--fi --ai]lill"i.ffi;:f.n"'r1fr '"r..#BH:i;ii;i.;."rfi iAdulnlatratlon ls
-
re.sucetlns - rh;;'ir," Lttiiilo iJiJilurr pcrmtt bcexecutcd to aLlos tfr]e cons[,ruciloi*ii-or";-riil; .ot way- on -.,ri-"3"3,i 3rl!"31.?,rrri:ffil'"t?tl:abuttins thc aiptt-iniri pilpliivl
lDllf llrarRlllor nlclorolllpmror r
Th€ Ad,rnlrtratron- reconnende that.the. clty connlssl0n authorlzethe execution or the_ revoc-ibie p"-r-rt in iaioi-ii-ilr. lrender andsouth occan Beach. rroperttee i;;'., ror-iiJ JJneiructron of ahandlcap ralp aB arrorn -tn iir,llii'l.
BTCICIOInIDt
fn 1988, aa part of the Ocean Drlve Etr:eq iuprowenent proJect, thaarea ol Flfteenth _etreet uetween ilcea-n orrvc-ie-c"iii"s Av€nue waarcconstructcd rlth 5 feet wral iinascatia iii.-il-"itlng privatefiiffr:lii".tnrl. south erae oirstli atrelt. ir,. or.ri'condouinlun,,rtrr--"-coir,#!-rlilffi:ffi"d1:r.::::.dt :ili r5ilJl accese dooitrre usJ-;i-i-t-nrity'i.-;! -iiiE""=."rron wrthrn .nrti lrrffi":::g::l!ffitsiir..t.", ro- congtru"i'a- na"aic.p--it?rl..-..rp to tho
ll'tll.YgfSr
Vera Uendsr and qouqh . Oc€an Beach pr-opertles fnc. shall beresponslbrc for obtalnlng - ii.r, - trr" relevant per:ulta for theconstructlon of the ranp, ina shaiiTl:;ppir".it-",-i.F;i;";;iiJfi SffI"'T":o?f.'"f..r1*;."f9" j;
;:::"':f;EB"il"lli tt':: i::"I;"6ir.i-i,,-ii-" lio..t or se i,
coltcLoaroxr
rhe rcvocable perait for the use of 1ii"e^ cg-et !y thirty feet 10ng rrgBection of thi ra.naetlpet--.;;; -n-ortn ot rh€ oi.tie-'"ondouiniuu,
il!: : lif, "i35ff:' il' T" y;."*
", * "
"::l,ii"$,*::' il6;;t i ;lllabtttty of the nanafcap-ic-ce-ET-;;;. ^-' "'= eitt%
o^rr-1or15-99
303
REVOCABTE PERMIT
(RESIDENTIAT PROPERTY)
THIS ACREEMENT, made onthis/f-d* d
ry------,'1994
between the CtTy
OF MlA ,ll BEACH, (the City) and VERA MENDER and SOUTH OCEAN PROPERTIES, lNC.,
(colleaively the Permittee).
WITNESSETH
WHEREAS, the Permiftee is the owner of property abutting the Demised Premises to
the north; i.e., "The Drake Condominium", located at '1450 Ocean Drive, and legally
described as Lots 1 and2 West of Ocean Drive Extension, and Lots 3 and 4less portion
beginning Northwest corner lot 3, East 116 feet, Southerly 100 feet, Westerly 132 feet lWL,
Northerly to Point of Beginning Blcrck 77 , Fishers First SuMivision of Alton Beach, recorded
in Plat Book 2 at page 77 ol the Public Recods of Dade County, Florida; and
WHEREAS, the Permittee wishes to make an improvement on the Demised Premises;
and
WHEREAS, the City, for and in consideration of the restrictions and covenants herein
contained, hereby permits the exclusive use of a City rightof-way, as described in Exhibit "A",
athched hereto and incorporated herein, for the period of twenty (20) years commencing on
.lrrl v I ct 1994 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND ACREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statemeflts, covenants, warranties and agreements hereinabove
captioned and set forth hereinabove and in the attached Articles are true and binding upon
the respective parties hereto.
ARTICLE I
USE OF DEMISED PREMISES BY PERMITTEE
The Permittee shall use the Demised Premises for the construction of a handicap access
ramp in the exact configuration as described in Exhibit "A", attached hereto and incorporated
304
herein. No other improvement of any kind shall be made to the Demised Premises without
the prior written consent of the Mayor and City Commission.
ARTICLE II
IMPROVEMENTS BY PERMITTEE
The Permittee shall have sole responsibility for obtaining all regulatory approvals,
permits or licenses required for the placement of such improvements upon the Demised
Premises. All improvements made by Permittee shall be removed from the premises at the
expiration or termination of this permit. Removal by the City of any improvements made by
the Permittee or portions thereof shall be at the sole expense of the Permittee and governed
by Article X hereunder.
ARTICLE III
CONDITION OF PREMISES AND MAINTENANCE
The Permiftee, at its own expense, shall cause the Demised Premises to be in a state
of good condition from the commencement of this Permit. The Permittee shall maintain and
keep the entire Demised Premises in a safe, clean condition, free of grease or refuse and
debris. Determination of the condition of said Demised Premises shall be made by the City.
ARTICLE IV
INDEMNIFICATION
Permittee agrees that it will indemnify, hold and save the City, their officers, agents,
contractors and employees whole and harmless and at City's option defend same, from and
against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments
of any nature recovered from or asserted against City on account of injury or damage to
peruon or property to the extent that any such damage or injury may be incident tq arise out
of, or be caused, either proximately or remotely, wholly or in pa4 by any act, omission,
negligence or misconduct on the part of lndemnitor or any of its agents, seryants, employees,
contractors, Suests, licensees or invitees or of any other person entering upon the Demised
Premises used hereunder with the express or implied invitation or permission of lndemnitor,
or when any such injury or damage is the result, proximate or remotg of the violation by
lndemnitor or any of its agents, servants, employees, contraclors, guests, licensees or invitees
305
of any law, ordinance or governmental order of any kind, or when any such injury or damage
may in any other way arise from or out of the use by lndemnitor, its agents, servants,
employees, contractors, patrons, guests, licensees or invitees of the Premises used hereunder,
or arises out of any action challenging the granting or legality of this Revocable Permit.
lndemnitor covenanB and agrees that in case City shall be made party to any litigation against
lndemnitor, or in any litigation commenced by any party against any party other than
lndemnitor relating to this Agreement or to the Premises used hereunder, then lndemnitor
shall and will pay all costs and expenses, including reasonable attomey's fees and couft costs,
incuned by or imposed upon City by virtue of any such litigation, including appeals.
ART]CLE V
NO tIABILIry FOR PERSONAL PROPERry
All personal property placed or moved on the Demised Premises shall be at the risk
of the Permittee or the owner thereof. The City shall not be liable to the Permittee or owner
for any damage to said personal property.
ARTICLE VI
CIry'S RIGHT OF ENTRY
The City or any of its agents, shall have the right to enter upon the Demised Premises
at any time for the purpose of inspec-ting or to gain access to or repair any utilities located
within any City easement. Such right of entry shall, likewise, exist for the purpose of
removing structures, improvements, alterations or landscaping which do not conform to this
permit. Any removal of the above, or damage to the allowed improvement or landscaping
made by the City and necessitated by the Permittee's use of said Demised Premises, shall be
at the sole expense of the Permittee. Further, the City shall not be responsible for the
restoration of the premises, its fixtures, fences, walls, or landscaping, in the event such are
damaged or removed by the City in order to inspect, repair or gain access to its utilities located
on the land which is the subjeA of this revocable permit. Additionally, any expenses
incuned by the City, but not paid by the Permittee, in removing such improvements or
landscaping shall become a lien upon the Permittee's abutting prcperty, which may be
foreclosed within one year of its filing.
306
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed between the parties hereto, that the City may, in its sole
discretion, upon ten days' written notice to the Permittee, cancel or terminate this permit.
ARTICLE VIII
NOTICES
It is understood and agreed between the parties hereto that written notice addressed
to the Permiftee and mailed or hand delivered to Vera Mender, 1460 Ocean Drlve, illami Beach,
Elorida, 39139; wlth copies to: 0wen FreedEsquire,150 Flasler Sti'eet, Suite 2200,llidni, Florida 33130 , shal! constitute sufficient notice to the
Permittee, and written notice addressd to the City Manager and mailed or delivered to the
City of Miami Beach,1TOO Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notice to the City to comply witlr the terms of this Permit. Notice by U.S.
Mail shall be deemed effective when mailed.
ARTICLE IX
ASSIGNMENT
Without the written consent of the City fi6t obtained in each case, the Permittee shall
not sublet, assign, transfer, mortgage, pledge, or dispose of this permit for the term hereof.
ARTICLE X
SURRENDER OF PREMISES
At the expiration of this Permit or cancellation thereof, Permittee shall, without
demand, quietly and peaceably deliver possession of the Demised Premises free of any walls,
fences or other like fixtures or improvements. The Permittee shall be responsible for the
elQenses of putting the Demised Premises in said condition. lf said premises are not in such
condition, at the expiration or cancellation of this permit, Permittee hereby agrees that the
City shall have the right to restore the Demised Premises to such condition. The Permittee
agrees to reimburse the City for all such expenses within thifi (30) days of mailing of a
statement to the Permittee at the address indicated in Article 8. lf not so paid, the expenses
incuned by the City in so doing shall become a lien upon the Permittee's abutting property
307
and/or leasehold and may be foreclosed within one year from the filing of such a lien, or the
City, at its option, may seek such other remedies as may be allowable by law.
PERMITTEE FURTHER STATES THAT HE HAS CAREFULLY READ
THE FOREGOING REVOCABLE PERMIT AND KNOWS THE
CONTENTS THEREOF AND FULLY REALIZES ITS MEANING
AND SIGNS THIS REVOCABTE PERMIT OF HIS OWN FREE
WILL.
lN WTNESS WHEREOF, the parties have hereunto executed this Revocable Permit for
the purposes herein expressed the day and year first above written.
ATTEST:
City Clerk
w
RJA/cnm
RJAdskl\a:Vnander,lrv
Corporate Seal
PERMlTTEE
Witness
308
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309
THIS PAGE INTENTIONALLY LEFT BLANK
310
R2
COMPETITIVE BID REPORTS
311
COMMISSION ITEM SUMMARY
Condensed Title:
NCOUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR
PROPOSAL (RFP) NO. 2015.013.WG FOR SECURITY OFFICER SERVICES.
Item Summarv/Recommendation :
lntended Outcome Su
Reform Policinq Culture With Customer Service E SIS
Supporting Data (Surveys, Environmental Scan, etc.): NiA
The City of Miami Beach requires security guard services to augment law enforcement efforts City-
wide and during special events. As a result, the Administration is seeking approval to issue the
aforementioned RFP to seek proposals from qualified firms to provide security officer services to the
City.
The successful propose(s) will be responsible for providing security officer services in an effort to
create a visible presence of security personnel within the City of Miami Beach, to improve the
perception of public safety, provide assistance and information to citizens and visitors, provide
assistance to law enforcement through deterrence, observance and reporting of suspected criminal
activity, address issues associated with the homeless, safeguard citizens, visitors and employees,
and property of the City of Miami Beach. Staffing levels shall have the capability to expand and
contract to meet the staffing needs of the City for routine and special events.
CITY MANAGER'S RECOMMENDATION
To seek proposals from interested parties, the Administration recommends that the Mayor and City
Commission of the City of Miami Beach, Florida authorize the issuance of RFP 2015-013-WG for
Officer Services.
Board Recommendation:
NiA
Financial lnformation :
Source of
Funds:
Financial lmpact Summary:The annual cost associated with the acquisition of Security Officer
Services is subiect to funds
Clerk's Office
Alex Denis, Director Ext # 6641
AGENDA lrclut R2A* MIAMTBTACH onrr J-//-ts312
MIAMIBEACH
City of Miomi Beqch, l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
N MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REQUEST FOR APPROVAL T THE ISSUANCE OF A REQUEST
FOR PROPOSALS (RFP) FOR URITY OFFICER SERVICES.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
The City of Miami Beach requires security guard services to augment law enforcement
efforts City-wide and during special events. As a result, the Administration is seeking
approval to issue the aforementioned RFP to seek proposals from qualified firms to
provide security officer services to the City.
SCOPE OF SERVICES
The successful propose(s) will be responsible for providing security officer services in
an effort to create a visible presence of security personnel within the City of Miami
Beach, to improve the perception of public safety, provide assistance and information to
citizens and visitors, provide assistance to law enforcement through deterrence,
observance and reporting of suspected criminal activity, address issues associated with
the homeless, safeguard citizens, visitors and employees, and property of the City of
Miami Beach. Staffing levels shall have the capability to expand and contract to meet the
staffing needs of the City for routine and special events.
OTHER RFP REQUIREMENTS. MINIMUM QUALIFIGATIONS. Please Reference, Appendix C, RFP 2015-013-
WG for Security Officer Services (attached).
. SUBMITTAL REQUTREMENTS. Please Reference Section 0300, RFP 2015-
013-WG for Security Officer Services (attached).
. CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-
013-WG for Security Officer Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance
of the RFP 2015-013-WG for Security Officer Services.
o ATTACHMENTS
RFP 2015-013-WG for Security Officer Services.
JLM/MT/CT/AD
T;\AGENDAt201 S\February 1 5\Procurement\RFP lssuance for Security Ofricer Seruices - MEMO.doc
TO:
FROM:
the City ssion
313
REQUEST FOR PROPOSALS (RFP)
SECURITY OFFICER SERVICES
20 r 5-01 3-wG
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RFP ISSUANCE DATE:' FEBRUABY 11, 2015
PROPOSALS DUE: MARGFI 11, 201'5@ 3:00 PM
:
ISSUED BY: WILLIAM GARVISO, CPPB
# E*IAAAIBTACH
WIILIAM GARVISO, PROCUREMENT COORDINATOR
PROCU REMENT DEPARTMENT
1700 Convention Cenler Drive, 3'd Floor, Miomi Beoch, FL 33.l 39
30 5 .67 3 .7 OOO X6650 | www. m iomibeochfl.gov
314
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TABLE OF CONTENTS
SOLIGITATION SEGTIONS: PAGE
0100 Nor urLlzED ......... .......... N/A
0200 TNSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ................................3
0300 suBMlrTAL INSTRUCTIONS & FORMAT ,,,=r, i,,....................10
': ' ,,,..120400 PROPOSAL EVALUATION ....... -5
APPENDICES: ,Z -u='=1,
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APPENDIXA PROPOSALCERTIFICATON, QUESTIONNAIREIANDAFFI.DAVITS
APPENDIX B -NO PROPOSAL'FORM
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APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .. H
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APPENDIX D SPECIAL CONDITIONS
- -l===..,,,=.APPENDIX E COST PROPOSAL FORIETB;,,,...,,,,-
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APPENDIX F INSURANCE REQUIREMENTS "..====.. j
RFP 2015-0r 3-WG
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SECTION O2OO 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, c-q,,,.q$tions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]') if thiB=RFP results in an award.
.:
The City utilizes PublicPurchase (www.publicpurchase.com) for autom.gffe notificatipn of competitive solicitation
opportunities and document fulfillment, rncluding the issuance of any'"i$H'denduillF*: it RFP. Any prospective
Proposer who has received this RFP by any means other than through Pib$cPurchaSd must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure td-ir ive an addendum
may result in disqualification of proposal submitted. ,,. -,;a.
2. PURPOSE. The City of Miami Beach is soliciting responses"fu proposers for Security Offi€i Services in an
effort to improve public safety, address quality of life issues and&crease crime by assisting law enforcement
through deterrence and reporting of suspected criminal activity.
schedule for solicitation i follows
+. pnOCUnemEruf COUflCf. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact poted below:
Procurement Contact:
William Garviso
Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ;
or facsimile: 786-394-41 88.
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.
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
Telephone:
305.673 7000 x6650
Email:
williamgarviso@miamibeachfl .gov
3.Ihe tentatlve scnedule tor.mts soltcttatton ls as
RFP lssued F,,ebruary 11,2015
Pre-Proposal Meeting Febiuary'18;2015 at 10 a.m.
Dead I i n e, fffieiF.t of Qu estion s March 2,2015
Rdtpnses Due March 11,2015 @ 3:00PM
TBD
Proposer Pffidntatiohe ;TBD
Tentative Commission Approval $uthorizing TBD
Coritract N eg dliatio ns Following Commission Approval
RFP 20 r5 01 3-WG
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site visit(s) may be scheduled.
A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall - 4tt'FIoor
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
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,,,,
' ,
Proposers who are interested in participating via telephone should send an+mail to the contact person listed in this
RFPexpressingtheirintenttoparticipateviatelephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or reSp-iBes to questions received by prospective
Proposers are not binding on the City and will be without legal effect; inoluding 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 PublicPurchaffi . i
7. CONE OF SILENCE. Pursuant to Section 2-486 af the Ci Code, all procuiement solicitations once advertised
and until an award recommendation hal 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.comfindex.aspx?CIientlD= 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 exception
of communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solieitation providin$ sai$ 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 l.:.,f, with a
1o 1ne
CitV Clerk at RafaelGranado@miamibeachfl.gov.
8. SPECIA.L NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may Db found on the City Of Miami Beach website:
http://web.miamibeachfl.qov/procuremenUscroll.aspx?id=2351 0
. CONE 0F SILENCE..'...;.,,... . .. ,.,,.,,;.....,.,.,. PROTEST PROCEDURtr,S
o DEBARMENT PROCEEDINGS,.:...,...,,....,...,,. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES.. .. CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES....,. .... REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS . . .
CITY CODE SECTION 2486
CITY CODE SECTION 2-37,1
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2-406
CITY CODE SECTION 2-487
CITY CODE SECTION 2488
CITY CODE SECTION 2-373
. LIVING WAGE REQU|REMENT....... . . CITY CODE SECTIONS 2407 THR0UGH2-410
r PREFERENCE FOR FLORIDA SI/ALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374
o FALSE CLAIMS ORDINANCE ... CITY CODE SECTION 70-300
RTH 2U I5.U I 3.WG
317
. ACCEPTANCE OF GIFTS FAVORS & SE
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CITY CODE SECTION 2449
&
RVICES. . .
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, A '
.::.
.::::::::=
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to Clty iif=.B+,qrni Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and respollig,,!-q!q. Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a servipisablednebrar business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of 'Step 1 & 2 outlined in Sd0tion V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commissiono;f$e;Propose(s)
he/she deems to be in the best interest of the City or may recommend relection of all proposals. Thi$€ity Manage/s
recommendation need not be consistent with the scoring results iOehtifieO herein and takes into con'iideration 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 perfoffi the contract within the time specified, without delay or
interference
(3) The character, integrity, reputatiorilfuOgmeiltlHxperience and efficiency of the Proposer.
(4) The quality ofperformance of previ@ conHcts.
(5) The previousEnd existing compliance'by'the Propos@ith laws and ordinances relating to the
contract, .',
The City Commission shalf consider the City Manager's recbmmgndation 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,,1ldeems to be.in'the best interest of thelity, or it may also reject all Proposals. Upon approval of
selection bylhe'Gffi','0 ission, negotiations betWeen'the City and the selected Propose(s) will take place to
arrive at a m-tually acceptab,le Agreem0nt=
The 0ity=ffiv;ward up to three*ndors (primary, secondary, tertiary), as available, by line item, by group or in its
entirety. f ily will endeavor tffilize vendors in order of award. However, the City may utilize other vendors in
the event that:1) a contract vendo@not or is unable to be in compliance with any contract or delivery requirement;
2) it is in the best inter, f the City-.itb do so regardless of reason.
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13. ACCEPTANCE OR'REIEeiiON OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. ReasonabFfforts 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,
andior 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
318
accepted as a basis for any
Proposer.
,i'{iA,'\,\i SfAil*-'{
whatsoever for any monetary consideration on the part of the
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 circumstanc 'ft,considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise aq-qCtate taies,,
18. MISTAKES. Proposers are expected to examine the termsftnditiohs, specifictti$, delivery schedules,
proposed pricing, and all instructions pertaining to the goods qr.d services relative to this RF,i..r,pr;lure to do so will
be at the Proposer's risk and may result in the Proposal bein@+esponsivg, .,,,,. i
19. PAYMENT. Payment will be made by the City after the goodC oi services have been receiveil, inspected, and
found to comply with contract, specifications, free of damage or defedJnd are properly invoiced. lnvoices must be
consistent with Purchase Order format. \
,
,,,.,
20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless thffiity-5 Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind; including cost and expenses for,
or on account of, any copyrighted, patented, or unpatehted invention, process, or article manufactured or used in the
performance of the contract, including,its use by the Ci$'of Miami Beach, Florida, lf the Proposer uses any design,
device or materials covered by.tettersfttent, or copyright, it is mutually'understood and agreed, without exception,
that the proposal prices s.,haf! include al@alties or cost arising from the use of such design, device, or materials in
any way involved in the work.
. ni*t l.
21. MANNER OF PERFORMANC,E Pr:dpd$ei ag,T..e to peilorm its duties and obligations in a professional manner
and in accordance with all applicable Local, State, C6unty, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by, the Propri$,,,,i with/oJ applicable laws will in no way be a cause for relief from
responsibiiit . Proposer agrees that the sefutces prdvided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all ar,e,-,,aS encompassed within their designated duties. Proposer agrees to
furnish to the City any and all doCilmentat'r'6'n, certification, authorization, license, permit, or registration currently
required by appticabte laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, re$istrations, authdrizations, or certifications required by applicable laws or regulations in full force
and effect during thelerm 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,
b
subsequent claim
RFP 2015 01 3-WG
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23. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
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 l! the industry, and-as determined by the City
of Miami Beach. =":" :'
E. The City may consider any evidence available regardin@financLl, technical, and other qualifications and
abilities of a Proposer, including past performance (experiencg), in making an award that is in the best interest of
F. The City may require Proposers to show proof that they haVabeen de'SigEated 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 quHlity, packaging, and characteristics of the
products to be supplied to the City.
lrt-
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, iuOtet 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 ANU.=:BEGULAf::tgNS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to ffiete the nd shall comply with all applicable laws.
27. OPTIONAL CONTRACT USAGE. WhEh ttre successful Proposer (s) is in agreement, other units of government
or non-profit agencie's may participate in chases purSuant to the award of this contract at the option of the unit of
governm1,Yr non-profit agency "':
28. VoLuflE OF WORK TO BE RECEIVED. BY CONTRACT IT is the intent of the city to purchase the goods
ontromthecontiactor'However,theCityreSeryeStherightto
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 eVenl 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,
RFP 2015 OI 3 WG
320
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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 allcosts, 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 Contiactor to extend contract past the
stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet
been awarded. Additional extensions past the 120 calendar days may orcui as needed by the City and as mutually
agreed upon by the City and the contractor, .=
=r,i:i,r32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Proposals including, without
limitation, any and all information and documentation submitted therewjth, are exempt from public records
requirements underSection 119.07(1), Florida Statutes, and s.24(a), Art. 1 of the State Constitution until such time
as the City provides notice of an intended decision or until thirty (30) calendar days after opening'of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 1 1 9.0701 including,
but not limited to, agreement to (a) Keep and.q.raintain public recordS that ordinarily and necessarily would be
required by the public agency in order to performE$ervrces; (b) provide the public with access to public records on
the same terms and conditions that the public age--y wo'u'l#.p,.rpvide the record$d at a cost that does not exceed
the cost provided in this chapter or as othenruise provided bi ; (c) Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirer,nents are not dlsclosed except as authorized by law;
(d) Meet all requirements for retaining public records and transfer, at no:.cOst, to the public agency all public records
in possession of the contractor upon termination of the contract and de$troy any duplicate public records that are
exempt or confidential and exempt from public records di$closure requirements. All records stored electronically
must be provided to the pubtiC:gency in a format that is compatible wlth the information technology systems of the
public agency.
33. MODIFICATIONffiTHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
theProposalduedateandtime'Modificationsreceived
after thefuposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unlesS wit"Flfl?hwn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposal-Without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and |fiff: of withdiiiwal received after contract award will not be considered.
34. EXCEPTIONS TO'RF?. Pro@rs must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline whdtlLlirlaRy, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writindiiin the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alterhatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term andior condition of the RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
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 to improperly influence him/her in the discharge of his official duties.
m
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Balance of Page lntentionallv Left Blank
RFP 2015 O1 3 WG
322
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SECTION ()3OO 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. 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. Proposals are to be delivered to City of Miami Beach
Procurement Department, 1700 Convention Center Drive, 3'd Floor, Miami Beach, Florida 33139,
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 proposafs will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept iesponsibility 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 recorqpended that prgposals be organized and tabbed in
accordance with the sections and manner specified belovfi"'Hard copy submittals should be tabbed as enumerated
below and contains a table of contents with page references. Electrfinie copies should also be tabbed and contain a
table of contents with page references, Proposals that do not includE#lfequired information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications irements
ustindicateProposerandProposerPrimaryContactforthe
purposes of this solicitation. :t:
1.2 Proposal Certification, Quegti.or-r,tlaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed. =.::::,:::: ': i'::::= ' ::
1.3 Minimum Qualificatio*E*quireme-h Submit veriflable information documenting compliance with the minimum
alifications reouirements established in AEmndix C, Minimum Requirements and Specifications.
Exoerience & Qualifications
Zf Ouaiiiications of Proposing Firm, qlbmit detailed information regarding the firm's history and relevant experience
and proven track record of providJng the 5$p;p-,8 of services similar as identified in this solicitation, including experience in
providing.-imilar scope of servi to publidit$bctor agencies. For each proiect that the Proposer submits as evidence of
similar: experience, the following ii required: project description, agency name, agency contact, contact telephone &
2.2 Qualifications of Proposer fei*. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that €ach team member will play in providing the services detailed herein and each team
members' qualificationS.,-.A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accu ior to submittal to the City and
RFP 2015 OI 3 WG t0
323
b l.ri I ,'\ ,\ 4 i RF Af*Hr Y l,J t, Y t MkJ Iv* I
Cost
Submit a completed Cost Prooosal Form (Aooendix E).
Note: After proposal submrttal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to ietermine: 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 n*.r ,:j ..r:h of their last two complete fiscal years).
' ::: ird,\ . li
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
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 full review and score the proposed scope of services,
and Methodol
issues affecting Miami Beach, crime prevention and retaininq sufficient to meetithO,Citv's needs.
Submit detailed information on how Proposer plans to accomplish the requiredt$eiope of services, including detailed
information, as applicable, which addresses, but need not be limited t"o,: uie of innovative technology, training
received by security officers above basic licensing requirements, proactive approach todealing with quality of life
Rl-P 20 t5-O I 3-WG
324
sEcTtoN 0400
lb ,n .11 a,',,,\ I RF sru
=: I V \lI \: / 'r UL' l\vl I
PROPOSAL EVALUATION
Proposer Experience and Qualiflcations, including Financiat Capability
Scope of Services Proposed
Approach and Methodology
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 forwarded to the City Manager who will utilize the results to ma1ce a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed hElow to be considered by the
Evaluation Committee. The second step will consist of quantitative eriteria 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 Evaluatieiil ommittee may:
. review and score all proposals received, with or'ffitlout conducting interview sessions; or
. review all proposals received and short-list one ofurefroposers to be further considered during
subsequent interview session(s) (using the same critdria},:,
3. Step 2 Evaluation. Following the res*I!s.of Step
ad d ition al q u an titative criteri a poi n!s. to t b6: deGb,v
earned in Step 1, as llows, 1, :
1 Evaluation of qualitatlve criteria, the Proposers may receive
.,tii,ir.Ornrent
of Procurement Management to those points
Cost Proposal
Veterans Preference
4. Cost Proposal Evaluilion. 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 Galculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $1 00 00 20 $100 / $100 X20 = 20 20
Vendor B $150.00 20 $100/$150X20=13 13
Vendor C $200.00 20 $100 / $200 X 20 = 10 10
RFP20I5O13WG 12
325
&iutlAi\,\i *fAil$-l
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:
Committee
Membei:1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 9'1 92
Rank 1 3 2
-.;, llrl
,'t l' =
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank I 2 J
C mittee
Mcmber 2
Step 1
Points 80 74 66
Step 2
Points i22 15 12
Total 1A2 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 d6. +ot constitute
an award recommendation until such time as the City Managei has made his
recommendation to the City Commission, which may be different than final
ranking results.
''i}ia
#r
itli:tn
326
APPENDIX A
,h
.g Mg&,w$ wffieffiN
P ro poso l, C ertlfic o tio n,
auestio=fuoire &
Req uire mehts Affid ovit
P*.Er.; s*f'*j;;: lllilh 2015_0 l3_WG,-i. =,
....,. ..- SECU@ITY OFFICER SERVICES
PROCU REMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33139
327
Solicitation No:
2015-013-WG
Solicitation Title:
SECURITY OFFICER SERVICES
Procurement Contact:
William Garviso
Tel:
305.673 7000 x 6650
Email:
wil liamo arviso[D miam ibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
General Proposer lnformation.
FIRM NAME:
No of YeaE in Business:No ofYears in Business Locally: I No, of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:,t,'t
FIRM PRIIVARY ADDRESS (HEADAUARTERS):
CITY:
STATE:ZIP.CODE:
TELEPHONE NO,:
..r:Ljlt'
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE EORTTIIS ENGAGEMENT:
i F;:ilLi
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO.:
'A0€OUNT REP El\ilAlL:
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 capacify of the Proposer to perform in accordance with contract requirements.
328
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
YES f--l No
2.
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submii 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, diiector, 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
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, fhE$h.wing information is required: 1) Firm Name,2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Emaili{ftd16) Narrative on Scope of Services Provided.
Litigation History. Proposer shall submit a statement of any litigation or r@t{atory action that has b_een filed against your firm(s)
in the last five years. lf an action has been filed, state and describe the litigatidMfegulatory action flled, and identify the court or
agency before which the action was instituted, the appticable case or file numbei,'andthe status or disposition for such reported
action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No" litigation or
regulatory action has been flled against your firm(s), please provide a statement to that effect. Truthful and complete answers to
this question may not necessarily disqualify a fiim from consideration but will be a factor in the selection process.
Untruthful, misleading or false answers to this question shall result in'the disqualification of the firm for this project.
eruf: Pfioser shall submit history of litigation or regulatory action filed against proposer, or any
proposer team member firm, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit
a statement accordingly.
Suspension, Oeb3lment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
[-_l vrs [--l No
SUBfrl|ffAL REQU|REMENT,i lf answer to@ve is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributioh5, Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-48? through 2-490 of the City Code, including a prohibition against any vendor giving a campaign
contribution direCtly or..indireellf to a candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. ProposeiS,:shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance
Reform laws are compiied 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.A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation.
"Vendo/' shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock
in any corporation or a direct or indirect interest of ten percent or more in a firm.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (to which the definition of vendor as defined above
may apply), including your sub-consultants), who 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.
5.
329
7.Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl . gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be arnended from time to time, Proposers
shall be required to pay all employees who provide services pursuant to this Agreement, thg-..liotirlV,.,ltving wage rates listed below:
The City Commission approved Ordinance 2014-3897 on September 30, 201{..,;1110reasing the living wage rate to
$13.31/hourlywithouthealth benefitsor$11.62/hourlywith health benefitswith ?,..rylPff6ctivedafeof January I,2015.
The living wage rate and health care benefits rate may, by Resolution of the€ity Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) MiamilFt. Laudeidale, issued by&e-U.S. Department of Labo/s
Bureau of Labor Statistics. Notwithstanding the preceding, no annual.index shallexceed three percent'(3%). The City may a1so, by
resolution, elect not to index the living wage rate in any particular yOar, if it determines it would not be ftscally sound to implement
same (in a particular year). ':i:
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, unddi which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines, as provided in the City's Living Wag-q rdinance, as amended. Further information on the Living Wage requirement is
available at www. miamibeachfl .gov/procurementl.
SUBMITTAL REQUIREMENT: No additional submittal is red'*.i-=e-.dJy virtue of executing$is affidavit document, Proposer agrees
to the living wage requirement
8.
9.Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over$'100,000whose contractors maintain 51 or more fullilfime employees on their payrolls during 20 or more
calendar work weeks, therEqual Benefits for Domestic Partne.r:s Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are -awarded a contract piiisuant to competitive proposals, to provide "Equal Benef(s" to their
employees with domestic partners, as fuy provide to emplol€..es. th spouses. The Ordinance applies to all employees of a
Contractor who work within the City limiMf the City of Miami Beffi Florida; and the Contractor's employees located in the United
States, but outside of the City of Miami Beach limrts, who are directly performing work on the contract within the City of Miami
Beach ;n '
A. -Does your company pt-g,,,vtOe or offer access to any benefits to gmployees with spouses or to spouses of employees?
,,1,i? t""'?,,.. f'. .ves [-_l ruo
B Does your company provi€or offer acc'e$s to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
330
10.
C Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as
bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lnitial to Confirm
Receiot
{nitial to Confirm
., -: q"a",ot
lnitial to Conflrm
Rcccinl
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
AddendUm 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confiifiation of addendum is required, submit under separate cover.
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 MeasuresApplication willbe reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Enagels,decision is flnal. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procurefnEhU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as curlently enacteds as amended from timE to,time, states that a
person or affiliate who has been placed on the convicted vendor list to, lg a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or.Seiruim to a plblic entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction oriepairlf 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.Say.pot transact business with any public entity
in excess of the threshold amount provided in s.287.017 for CATEGORY TWO foiaperiod of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. ay virtue'=Oiexecuting this affidavit document, Proposer agrees
with the requirements of Sec!1on 28,,]{, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Aiidendum. Afiei issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additi-o{ral informa@ to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received citation t@1gh the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assurin$ they have receive-d- any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum seclion certifies that the PropoSdi.has*cg d al[''bddendum released by the City pursuant to this solicitation. Failure
to obtain andacknowledge receipt of 6fLaddendum may result in proposal disqualification.
a4tt
331
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 timitation, 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. tt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does notlrovide 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 recipienls own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. Ihe solicitation is being provided by the City wlthout any warranty
or representation, express or implied, as to its content, its accuracy, orits compteteness. N'(i rranty or representation is,made by the City
or its agents that any Proposal conforming to these requirements will be selectbd fdr, nside n, 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 thdrproliSions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Pl,gposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such ProPo-Q$ i, . .=
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. !,,, |
:;i.:
The City and all Proposers will be bound only as, if and when a Propo.slir'(or Proposalsli as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed bi the parties, afid tnen only pursuant to the terms of the deflnitive
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 Govemment-in-the-sunshine Law, and all Proposals and suppo(ing documents shall be subject to disclosure as
required by such law. All Proposals shall be subrnited 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*ildi'sclosures and declaraiions as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledgei and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information ed in the Proposal, and althorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposffiertifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregbing or anything cantained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent juihdiction 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 res_pect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shalli6ot 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.
332
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 Cerlification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representaiive:
Signature of Proposet,s Authorized Representative:
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
.:!.:'?ffi
"t.;
t::1\:;
tl:,
rili,,;l i{
,$*'
333
APPENDIX B
M!&,W$ffim&ffi$d
"No =Bid" F.'b,r-m
ilr5-013-wG
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
SECARITV OFFICER SERVICES
334
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
.,.=
-
Specifications unclear or too restrictive
.
_ Unable to meet specifications
::
_Unable to meet insurance requirements
-Do
not offer this producVservice ,,:
-OTHER
(Please specify) i
_liralr -',.,..:.;1t1f;i:
We do do not '':'waot to be retained on your mailing list for future proposals
Signature:
Tft i,. "
.#dt ::,,,..,.
l,rdffi Legal Compang{ame:
Notefailure to re-pond, either by submitting a proposal or this completed form,
,rV t"q,lll]n-rou, company being removed from our vendors list.
PLEASE RETUEN TO:
CITY OF MIAMISEACH
PROCU REMENT DEPARTM ENT
ATTN: William Garviso
RFP PROPOSAL #201 5.013-WG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
335
APPENDIX C
g AAI&M$ wffi&ffih{
Mi n i m U rTl=Re q uirem e n ts
:::::':'] 'i]"''"""'-& Spe6iffuotidhs
,
: ::t '.,r
:::: 2015-€13-WG.
SE@URITY OFFICER SERVICES
- _riili,
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
336
The City of Miami Beach is seeking proposals from qualified firms for Security Officer Services in a manner
that ensures the highest level of security for a diverse number of posts, while performing a variety of
functions and duties.
The objective is to accomplish the following:
. Create a visible presence of security personnel within the City of Miami Beach to improve the
perception of public safety. ..::=. Provide assistance and information to citizens and visitors.. Provide assistance to law enforcement through deterrence, observance and reporting of suspected
criminal activity.. Address issues associated with the homeless and others whose-fthavior conflicts with acceptable
. Safeguard the citizens, visitors, employees and property of the City of Miami Beach.. Expand and contract to meet the staffing needs of thq i$ and demonstrate where they have done
so previously iS
The City of Miami Beach is very interested in innovative approach&incorporating industry best
practices, which exceed the requirements listed below.
#*..l!:=.t.::.:t::::.
C1. Minimum Requirements. The Minimum Eligibility Requiremei*t'ior this solicitation are listed below.
Proposer shall submit detailed verifiable ihformation affirmatively dmumenting compliance with each
minimum requirement. Proposers that fail to comply with minimum reQili,E-m,g!,. will be deemed non-
responsive and will not be considered.
a. Proposer shall be licensed in accordance with Clrapter 493, Florlda Statutes to perform Security
Services. .= ,='
I
b. Proposer shall have proVkfiricontinuous security guard services for a minimum of five (5) years for
other public'seetr entitieEfiith similar scope. Provide at least five (5) references for which like
services have been performed within the past five (5) years. The City reserves the right to contact
any party that thehjdder ha$ uugrkedJs,r.i{J$p past and to reject a bidde(s) based on past poor
Performance. '',; '
.:. c. Proposer shall have a Dun and Bradstreet (D&B) Supplier Evaluation Risk (SER) score rating of
C2. Statement of Work ReQuired,
The SuccessfU..?,,,. actor ShaII Provide:
a. A minimii*#thiee (3) roving LevelV Secunty fficers equipped with an automobile on duty within the
City limits ol trliami Beach at all times. The Lsd V Seqxty Ofices must be able to respond to any site
within 15 minutes. A list must be submitted in writing, identifying the name(s) of each roving shift l-ad
VSeqdyOfuas, and all security personnel under their supervision, b tre Contract Administrator or their
designee.
b. Written activity and incident reports, maintenance requests, visitor logs, etc. as dictated by the
post assignment. Preference will be given to Bidders who utilize web-based security officer
reporting software.
337
c. A guard tour system (Deggy or near field communications (NFC) tags) at contracted posts to
ensure security officers are making required rounds at assigned frequencies and times. Preference
will be given to Bidders who utilize web-based security officer reporting software.
d. A weekly report, downloaded from Deggy's or NFC tags installed at each post, to the Contract
Administrator or its designee. Preference will be given to Bidders who utilize web- based guard
tour tracking software.
"=e. The location of the Deggy's or NFC tags to the Contract Administr,at6inr,,,fheir designee for
approval.
r y
..:=-::':"=,,f. A Project Manager who will be required to meet with City representativ€SUpon request.
g Att uniforms, radios, firearms, rain gear, traffic vests, tools and "liipr.nt...l [*t perform the
required security services in accordance with the bid{ocuments.
,.:,.:. . ....
h. Uninterrupted services under all conditions, to include, but not limited to the threat or the dually of
a strike, adverse weather conditions, a disaster, or emergency situations, at the agiEed upon
hourly contractual rate.
i. Rules and Regulations Manual for $ U$-ty,,,,.9 icers.
't-j. Pro1ect Manager to work with the Cdntradt@$rninistrator or their designee to review and/or
develop Post Orders for all locations whefe Secriri$'Ofiicerwill be utilized with the City of Miami
Beach. . iii
,i "==
k. A written, quarterly ieport of security incidents to the ContractAdministrator or its designee.
ln addition, the'successful Contractor will be responsibEftii advertising and recruiting qualified security
officers, training the security offic , preparing paych.q,,q , payroll taxes, Social Security and withholding
taxes, prepari.ng,=..@'s, unemployment and woikmenjd compensation claims and liability insurance. The
obligation of th6=e@f,Miami Beach will be solely to compensate the Successful Contractor for the number
c,,f ours provided mOnthly in accordance with the contract price schedule. The Successful Contractor will
BfuOe a Schedule of Values/Payment Schedule to the City's Contract Administrator for review and
aB@val, prior to the commen6ement of work.
Any costs incurred in order to perform the Services required by the City of Miami Beach, is a business
expense the Successful Contractor must assume.
C3, Specifications:,,.=::
tocation of nequired SArvices
It is the intent of the City to award the provision of Security Officers for selected facilities as well as for other
facilities as may be required by the City during the term of the contract. Security officers are needed for a
diverse number of posts within the City of Miami Beach to perform a variety of functions and duties. Posts
include, but are not limited to, Lincoln Road Mall, City Hall campus, parking lots and garages, the beach and
board walks, the Bass Museum, and the Normandy Shores Gatehouse. ln addition, security officers are
sometimes needed to assist with special events.
The amount of service hours, officer levels, required service type and duties shall be determined solely by
338
the City in its best interests. The City reserves the right to add or delete sites that need to be covered by
security guard services.
The City shall approve all prospective Proposer personnel prior to their assignment to the City. The City
reserves the right to interview any prospective employee of the selected proposer prior to the person being
assigned to City assignment. The City additionally reserves the right to relieve any employee from a duty
assignment, and/or bar the employee from fufther service under this solicitation.
Personnel Requirements and Services ,.g;
All personnel employed by the selected propose(s) to perform duties as a result bf this solicitation shall be
approved prior to performing said duties. Contractor personnel shall keep.adtiU,e, and possess at all times
while on duty, those professional, technical licenses or certificates as requiie 'dl Federal and Florida
State Statutes. This includes a company-issued photo l.D. Card. All are to be conspicuously displayed at
all times while on duty. The selected proposer shall provide in all instances radio equip,ped, uniformed
Security Officers, and armed if requested, to provide security service at the designated loc#i0ns.
Adherence to Law i,:'4,.=
The selected propose(s) shall adhere to all Federal, State, and Local Laws that apply to the provisiOn of
Security Officer Services, as a result of this solicitation, as well as those laws that regulate the general
public. This shall include, but not be limited to, compliance withfederal Tax Laws (e.9. payment of
FederalWithholding Taxes) State of Florida,Unemployment Taxes, Workers Compensation Federal Wage
and Hour Regulations, Living Wage OrdinafiL$ d other applicable laws and regulations.
Backqround Checks i
Prior to assigning personnel to the City, the Cdn:tractor, at no cost to the City, shall perform background
checks on its personnelwhich complies with, at a minimum, Section 10.12 65, Florida Statutes' By virtue
of submitting a proposal to this RFP, the Contract6F'{ul$'indemnifieS*d holds the City harmless for any
and all actions and damages resulting from its failure to comply with this requirement. Any findings shall be
reported to the City, through its Human Resources Director, who shall have the ultimate discretion to allow
or not any Contractor personnel on C[ty property. Additiohq!.! the City may require, at any time (including
annual contract anniversary, change in assignment or any other instance for which an additional
background check is deemed necessary by the City thiough its Human Resources Director), that any
Contractor pe.rs-4.*-nelrubmit to additional background screenings as deemed necessary by the City. The
Cofrtradtor shdlf=iffifurse the Clty for the cost of said background check, plus an administrative fee of
10%)
T@ity shall have the right to refuse to allow any Contractor personnel to work on City propeily when it
deems tft0t their presence on'City property is not in the City's best interest.
Prior to assignlng personnel{$ the City, the Contractor, at no cost to the City, shall perform and proposed
personnel shall passa drug trist following the protocols outlined in 49 CFR, Paft 40. The following panel of
ten drugs shall be te*ted for at the Successful Contractor's expense. Bidder shall bear all cost associated
with the initial drug tests. Any findings shall be reported to the City, through its Human Resources Director,
who shall have the ultimate discretion to allow or not any Contractor personnel on City property.
339
a.
b.
The Cily"s cunen l Sprne} drug ieet rnd out-aff leveis are ffi follssie:
9ss lniti*lTs*t
ieml
GClliSConfim
?s*l L*lel
Arnphelamher 1000 ndml Sffimlrnt
Berhifurat?!300 ndrnl 1!0 tEyml
EerEodiezeoinac 3ff1 n<rrml {5tr1 m,tml
eocain* mslEbolnEa 3e rsfml 150 nofnl
l,lariiuane rneiabodites 58 nalml l5 nalmi
Lkfisdolr*3[H m$rnl 3()f m/ml
Medraoualon*300 ndm|150 rulml
ODiatEs 2000 nolml 20Snrlml
Phmerclidins 25 no{ml 25 ndml
Froooxvuhene 3ffi ndrrli {50mjml
in ttre ca*o of an alcohol tesl e r€$ull of 0.Or* er praater conslilitet 8 positive resull- A
roflth$*tion kaathrty:er te3l ihrlt be idftiilisterqd folh*ing the initiat test in atcsfdants wilh
,fieproeedures in Ti0e d9 Code of Federal Regulali*ns.,Pal 40,
ln addition, Security Officers shall meet the specific requirements for each level as specified below.
SecurityOfficerLevell-AnunarmedindividualwithaClassDlicense. Minimum one (1) year of
experience as a licensed Security Officer.
Security Officer Level Il - An unarmed individual with a Class D license. A minimum of two (2)
years experience as a Class D, Licensed Security Officer or in the military or law enforcement are
required.
Possess a valid Class "D" security officer license pursuant to F.S. 493. All officers shall maintain
this license on their person at all times while providln$*rvice Io the Oity under the Contract.
Shall be a citizen of the United States of America, or an allen who has been laMully admitted for
permanent residend** evidenced by ResidenUAlien Registration Receipt Card Form 1-151, or
who presents{ther eniat6nce from U.S. Citizenship and lmmigration Services that employment will
not affect'Ei$/ er immigdon status. Acceptable evidence shall consist of a birth certificate or
appropriate naturalization papers.
Shall have a Valid State of=.F.=ta{d,q Driver's license. (Required if Security Officer is assigned to
vehicular patrol (e.9. motor vehiCies or golf cart).
Shall be at least 21 yeans of age.
Shall have a high schtlUlllrftlploma or a GED. High school diploma or GED shall be from an
accredited and venfi able insiitution.
Successfully pass i test for dfug*d illegal substance use.
Be able to communicate effecti$6ly in English (multilingual preferred).
Ability to write a report in English.
Ability to communicate, provide information and directions in a coudeous manner.
frained and certified in basic first aid and Cardiopulmonary Resuscitation (CPR).
Trained in the use of Automated External Defibrillators (AEDs).
Physically capable of pursuing and detaining individuals who have committed criminal acts.
Pass criminal background checks, FDLE and NCIC lll.
b.
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c. Security Officer Level lll - An Armed individual with Class D and Class G licenses. A minimum two
(2) years experience, either as Class D, Iicensed Security Officer or in the military or law
enforcement.
d. Security Officer Level lV - An armed individual with Class D and Class G licenses. A minimum five
(5) years experience, as a Class D licensed Security Officer and two(2) years experience as a
Class G licensed Security Officer or five (5) years in the military or law enforcement.
.. t:;')t 'e. Security Officer Level V - An armed or unarmed individual with Class,D bnd Cfass G licenses. A
minimum of five (5) years experience, either as a licensed Class"GJecurity Officer or in the
military or law enforcement, are required. The individual shblt heVF.,......1,9 ability to supervise,
monitor, and regulate Security Officers with Class D and Clais C ticeniEifueir performance of
assigned duties. This level of Security Officer may be a site supervisor wl]& multiple Security
Officers are required present at the same time, to coordinate Security Service n*T,.,
""1::,;.:::,, ..f. Security Officer Level Vl - An armed or unarmed individual with Class D and Class GliCerrses A
minimum of ten (10) years experience either as a licensed Class G Security Officer r'1n the
military or law enforcement are required. The individualshall haVe the ability to supervise; monitor,
and regulate Security Officers with Class D and Class G'lhenses in their performance of assigned
duties. This level of Security Officer may be a prolect manager when multiple site supervisors are
required for large or complex sites, to co.o!9inate Security Service efforts.
Personnel Probation
All security officers working for the City of Miami Beach arei$Ubject to a thirty (30) day probation period. lf
during this probation period, the City of Miami Beach is fiot sbtis-fi. ;;qu-l- the performance of a security
officer, the City of Miami Beach will notify the $uc06ssful Contraitor of such performance and the
Successful Contractor will replace the security officer immediately. :
Additionally, the City of Miami Beach reserves the right tq OernanO in writing that the Successful Contractor
relieve an employee fiom a duty assignment, and/or bdn'1he employee from further service under the
contracl at fhf
,so!
discretionoJ the Oity 0f Miami Beach
Persohhbl employed',hyge Suc sful Contractor are ineligible to work for the City of Miami Beach for the
following reasons: ,.,.== ,,
,i:.
a.=- .Jilitary conduct resulting in dishonorable or undesirable discharge.
b. = ny pattern of irreef'bnsible behavior including, but not limited to, bad driving or employment'"ffi1
'i'l
Securitv Officel ll' fgls l-lV'Duties
1. Report td #6rkEn time and remain on assigned post until relieved or as required.
2. Maintain a professional appearance. Uniforms shall be clean, pressed and include a name tag;
shoes polished.
3. Maintain a courteous attitude to the public and City employees at all times.
4. While assigned to a fixed post, patrol of an area or a facility, detect and prevent individuals or
groups from committing acts injurious to others or to property.
5. lntervene to terminate injurious acts to persons or to property and detain individuals for fufther
investigation or arrest in accordance the State of Florida's Security Officers Handbook (F.S.S.
Chapter 493).
6. Communicate effectively with the public and City of Miami Beach personnel to provide directions
341
and assistance.
7. Conduct patrols in accordance to post orders. Where applicable, a guard tour system shall be
used to record and repoft security officers' presence at designated posts.
8. Raise and lower flags at designated times where applicable.
9. Lock and unlock gates and doors at designated times.
10. Turn on and off lights as required.
11. Ensure that only authorized personnel are permitted access to closed or restricted facilities or
12. Respond to reports of sick or injured persons and notify appropriate autho-ltiti s.'13. Report safety hazards, malfunctioning equipment, spills and othersilch matters to appropriate
individuals.
14. Monitor and operate fire alarm systems, intrusion detection $!stems- d CCTV systems as
required. : ,,.-15. Respond to fire/burglar alarms and emergency situations.'{valuate the-ituation and take
appropriate action as prescribed in Post Orders and/or facility dmergency pioiedure/evacuation
plan.
16. lnvestigate questionable acts and behavior on City properly. Question witnesses and suspects to
ascertain or verify facts and notify appropriate autharities if warranted .
17 . Operate a vehicle (bicycle, golf cart, motor vehicle) as,iequired. jr'
18. Maintain daily logs, prepare daily and incident repofts.
19. Provide escorls to City employees and visitors to their vehicles when requested.
20. Perform any other duties or functiols4 specifically mentioned above, but which are identified as
falling within the scope and responsibi$ths of a security office/s responsibilities.
',Security Officers LevelV Duties + -'*'iiii==t""-.=,.=
ln addition to the duties listed above Security Offi$halhl,' =
,
.i ,..:::=:. ti1. Patrol area of assignment and actively supeF,ise all security officers under their command.
3. Ensure proper inventory of keys, electronic key cards and supplies.4. Conduct daily inspections to verify all posts arefunned and all security officers are fully equipped
5. Be knowledgeable of all sedurity officer positionS'?nd duties.
6. Be know-ledgeable of all City/County ordinances related to quality of life issues.
Security Officers LevelVl Duties "=:..
1-"1., Functions as the Project Mana$er for the City of Miami Beach.
1.",:,:.' Prolect Manager will be required to meet with City representatives upon request.
3. : Project Manager will work with the Contractor Administrator or their designee to review and/or
develop Post Orders for all locations where Security Officers will be utilized with the City of Miami
Beach.4. lmmediatety report any unusual incident to the Contract Administrator or their designee.
5. Coordinate with Contract Administrator or its designee all security operations and seruices for
regular and special events to insure proper staffing.6. lnstall guard tour system sensors where directed by the City of Miami Beach Contract
Administrator or its designee.7. Provide weekly downloads of all the City of Miami Beach posts where guard tour system sensors
are installed. The downloaded information will accompany the weekly invoices.
8. Be knowledgeable of all security officer positions and duties.9. Be knowledgeable of all City/County ordinances related to quality of life issues.
342
Limitation on Emplovee-Hours and Assiqnments
No personnel assigned to the City shall provide more than twelve (12) hours of service, including all break
periods, in any twenty-four (24) hour period, unless the work periods are separated by an eight (8) hour non-
duty period. This limitation may be waived by the City in emergency situations that are beyond the control
of the Contractor, (e.g, weather conditions, civil disturbances, natural disasters, etc.) which prevents the
next shift from getting to their assignment. Each occurrence will require an individual waiver provided by the
City.
0vertime
No overtime for either regularly scheduled or special events will be paid by Cily of Miami Beach for security
personnel supplied by the Successful Contractor unless pre-approved bylhe City of Miami Beach Contract
Administrator or its designee. :.,,:.::' ,
, ,
,.
Traininq
Specialized training may be required to assume the duties and,r:esponsibilities of some posts within the City
of Miami Beach.
The cost for such training will be considered part of tn$:tii&gslul Contractor's operational expenses and
should be considered when proposing an overall hourly rate. W[ii|e qttending training, security officers must
be paid at the City's living wage rate. Time spent in training, althdu$h'iequired, is not billable to the City of
Miami Beach. When required, security ofiicers must successfully compl,e-.,te training prior to assuming duty
under this contract.
Written documentation of having successfully completed the training is to be included in the employee's
Personnel file'
. .--.::,:::::.r,.
The Successful Contractor E@ulr.ed to ensure that all security officers providing traffic control and code
enforcement serviqe$l2rg certified.ib! Miami Dade College-Southeast lnstitute of Criminal Justice at the
Norlh - Dade Cathpus, ln addition,security officers p@ing traffic control and code enforcement services
would be required to aftend training= ided by the City iOlated to enforcing City of Miami Beach ordinance
and codes.
;.
Special Equipment E*
The selected propo-er(s) may be,recutred to provide licensed and insured motor vehicles, off street
,motorized carts, Segway's and bicycEs*an additional cost. Such posts or duty assignments shall be
requested as needed, and'when appro@e, the selected proposer shall receive additional compensation.
The selected propose(s) may also be required by the City to provide Security Officers equipped with
specialized equipment, including, but not limited to, firearms, Guard Tour systems, Body Cameras and other
specialized technologies..,r Such posts or duty assignments shall be requested as needed, and where
appropriate, the setecte{ p'roposer shall receive additional compensation.
Contractor Furnished ltems
The selected Propose(s) shall provide all working materials necessary for proper performance including,
but not limited to, items such as bound log books, with preprinted consecutive numbered and lined pages,
notebooks, pens, and pencils. The selected Proposer, at no charge to the City, shall supply these materials,
unless otherwise specified by the City. All post orders, logbooks, incident reports and records are the sole
property of the city of Miami Beach. These records are subject to inspection by the City at any time. Upon
termination of any contract issued as a result of this solicitation and all renewals thereof, the selected
Propose(s) shall surrender all records or documents (e.9. log books, incident reports, etc) to the City within
343
thirty (30) days of the contracts termination date.
Communication
The Successful Contractor will be responsible for the following:
a. HAND-HELD RADIOS
Two-way hand-held radios, licensed for use by the Federal Communications Commission (FCC),
will be provided by the Successful Contractor to all on-duty contract.security officers and
supervisors as required unless othenivise exempted by the City o-f==!M,|qr-ni Beach Contract
=ib. CENTRAL DISPATCH ,1 i',r,.
The Successful Contractor will provide a centralized dispatching serviie:through use of a local
(Miami Beach) base station manned by experienced personndl on a 24- hour per day basis, to
include a taped back-up system. A mobile transmitter/receiver, operated by field#rsonnel, will
not be considered sufficient to adequately provide such service. Note: Repeatei niu$tbe located
within the city limits of Miami Beach. However, dispatch does not have to be on Miami&ach,,6u1
must reside in Miami- Dade County
Successful Contractor personnel must be available at the Miami Beach Central Dispatch Station
with the ability and authority to take immediate action on behalf of the Successful Contractor. The
Successful Contractor will provid6:,the names, with all pertinent information, of these assigned
personnel to the City of Miami Beach Cor1ti,,-ae,.!,,.,, inistrator.
c. SYSTEM QUALITY
The Successful Contractor will at all time$ maintain'high lua radio communications (transmitting
and receiving). Tte Successful Contractoi will be totally res@nsible for providing and maintaining
required system luality, as follows:
1. The Successful Cohtractor will provide/lease a network of transceivers and repeaters of
sufficient strength and capacity to service all areas of Miami Beach.
2. The Successful Contractor must provide/lease an exclusive radio frequency operated' :"e,xe sively by the Contractor. Radios will have printout identification and emergency
".' 3, ThFsubcessful,Contractor must implement a program of maintenance and repair for all
,- 'r,.,, equipment;used in the performance of this contract, Such a program will ensure the
,, optimum pedormance of all equipment at all times, thereby allowing the system to meet'"= the servic*requirements and quality standards specified above.
4 ,.,. The Successful Contractor will ensure that all radio equipment has sufficient operating
=, power at Hll times during a tour of duty. lt may be necessary for the Successful
=,'Contractor to implement a system by which fresh batteries, adequate supply of flashlights
or char$ed radios, are delivered to the posts in order to meet this requirement.
d. EVALUATION OF RADIO COMMUNICATIONS SYSTEM
All aspects of the Successful Contractor's radio communications system will be evaluated by the
City of Miami Beach prior to award of Contract. Should the system be judged inadequate to
provide service within the contractual standards specified herein, and the Successful Contractor is
unable and/or unwilling to make changes deemed necessary by the City of Miami Beach, then the
Successful Contractor will be considered non-responsive to the required Terms and Conditions of
this Contract. Likewise, should there be a deterioration of performance during the term of this
contract, and the Successful Contractor is unable or unwilling to make the required improvements,
344
the City of Miami Beach may terminate, in accordance with the Termination for Default Clause of
this Contract. The City of Miami Beach will address, in writing to the Contractor, any/all identified
inadequacies of the required radio communications prior to any termination procedures.
Key Control
The Successful Contractor will establish and implement methods of ensuring that all keys issued to the
Successful Contractor by the City are not lost, or misplaced, and are not used by unauthorized person(s).
No keys issued the Successful Contractor by the City will be duplicated. The Sugcessful Contractor will
develop procedures covering key control that will be included in his/her quality,cglfiitipl plan, which will be
submitted to the City's Contract Administrator and Procurement Director. The Succes5ful Contractor may
be required to replace, re-key, or reimburse the City for replacement of ,lffi-keying as a result of
Successful Contractor losing keys. 7ki
ln the event a master key is lost or duplicated, all locks and keys for that System will be:'mplaced by the City
and the total cost deducted from the monthly payment due the Successful Contractor. =
The Successful Contractor will immediately report a lost key the Contract Administrator, Ort i-'ffiaithgn'the
next workday.
Uniforms ,,. i
All security officers fumished to the City o!..,Miami Beach will be well.$roomed and neatly uniformed. Each
security officer supplied by the SuccessfutiContractor will wear a nameplate bearing the guard's name.
Successful Contracto/s name will appear either on guarp-s nameplate or as a patch on the security officer's
uniform. Uniforms will be readily distinguishable from tfi$iq1*gj Miami Beach Police uniforms.
r-:
Uniforms must be provided at the contractor's expense or may bb Charg0d to the employee (guard), but
must not be deducted from lhe'ernployees' paycheck t@fore reduci66s hourly pay rate to less than the
Photo ldentificatio#{rL ir E
Work hereunder requii$s Srccessf.q[ Contractor's employees to have photo identification on their person at
all times. The City of Miami Beach%serves the right to veiity a guard's identity and required credentials.
' -
'.=", illlr',, rr rLl
lf for any reason, any Successful{ontractor employee is terminated, the Contract Administrator will be
advised in writing.
Records
The Successful Contractor:*ill submit all invoices to the City of Miami Beach containing an itemized
employeeffie record, to inctude the employee name and hours worked/shift, for the time period identified
on the inv6ffi lf applicable, the computenzed printout from the guard tour system will accompany the
weekly invoiceS. These printouts will be the same date and time frame of the submitted invoices and
submitted in a hard copy or digital (preferred) format.
All correspondence, records, vouchers and books of account, insofar as work done under this Contract is
concerned, will be open to inspection by an authorized City of Miami Beach representative during the course
of the Contract and for a period of two (2) years after expiration of the Contract.
The Successful Contractor will maintain a personnel file for each employee employed under the Miami
Beach contract. At a minimum, this file will, include:
. Personal information of the employee, sex/race/DOB/ and social security number.
345
. Copies of Florida Driver license, Class "D" Security Guard license and Class "G" Firearms License
(if applicable).. Copies or notification of all disciplinary actions taken by the Contractor or City of Miami Beach to
include verbal or written warnings.. Training records.. Proof of successful Background Check and Drug Screening.
The City reserves the right to perform an audit of the Successful Contracto/s payroll and related records of
employees assigned to the City of Miami Beach to ascerlain that such employees- eords correctly reflect
payment received for the specific hours worked for the City. Such audit will be at the discretion and option
of the City.
Successful Contractor will be required to provide any and all records in its poSsession which contain
information concerning hours worked and payment received based on the contractor's invoices to the City of
Miami Beach. All required documentation and personnel files will be readily available for inspection by any
authorized City of Miami Beach representative, during initial research and during the course of lhis Contract.
Failure to have the required documentation will be deemed as non-compliance to the Terms ahd Conditions
of the contrac
Liquidated Damaqes
The selected Propose(s) shall be liable for damages, indirect or dirc-€,;,esulting from its failure to meet all
contractual requirements or standards. The City, in its sole discretioh; determine the damages arising
from such failure. The City assessment of atl Liquidated Damages willti$ final.,:Repeated violations or
patterns of violations will result in a doubling or tripling of the amount of LiqUif,ated Damages. Subsequent
violations will result in a Vendor Non-Performance. Any of these violations may result in selected Proposer's
personnel being removed from the post and/or Contract rssued as a result of this solicitation at the request
of the City. A written notice#a violation and intent to lmpose liquidated damages shall be provided to the
selected Propose(s),,i* the form of an lnfraction Report. lnfraction Reports shall be issued to the selected
Propose(s) prompt$fu the Citffi order to afford the selected Propose(s) time to notify the City of
extenuating circumstafiees. The @uation of Liquidated Damages will occur with the involvement of the
same facility, selected=E=t6,poseis*lp3rs-ontrel and a pattem of the same incidents at multiple posts (i.e.
repeated violations of the' e ti'ii$irij . tions oommitted by selected Propose(s)'s personnel may
result in the suspension or re{dilal from duty:d,5-id personnel at the discretion of the City. Violations that
may result in the assessment oftiUl]!.A!9d Damages include, but are not limited to, the following;
ManagemenUAdministrative Violationi {$tAO per infraction) :
1. -, , Not properly equipped for specffe detail.
2. '" ' No radio or inoperative radio.
3. Failure to fix an inoperative guard tour system or system component.
4. Leaving a post unattended or failure to fill post assignment within one hour of a scheduled
assignment or event.
5. Lack of contract supervision.
6. Excessive hours on duty (more than a 10 hour shift if not approved in advance by the Contract
Administrator).
7. Utilization of a security officer previously suspended from duty by the Contract Administrator.
8. Failure to follow allVendor Rules and Regulations.
Security Officer Violations ($'100 per infraction):
1. Unprofessional appearance or behavior.
2. lnappropriate behavior (reading, Iounging, talking and texting on cell phone, etc.)
3. Failing to promptly prepare written repo(s.
346
4. Notcompleting required rounds.
5. Failing to follow post orders.
6. Failure to adhere to City of Miami Beach policies and procedures.
Security Officer Significant Violations ($250.00):
1. Late for duty.
2. Sleeping on duty.
3. Abandoning post. :=
5. Any action that would cause the City harm, physically, financially, or rerputational:'
..:::::::::i-it'i:l!'a=
Once a violation is identified and written notification of intent to fine (i nt Discrepancy Report") is
issued to the Successful Contractor. The Successful Contractor will have seven {7) days to provide a
written response to the Contract )
1.: ' ,, .
Repeated violations will be taken as proof of a general incapacity on the part of the SuccessfUllColtractor to
perform in accordance with contract requirements.
Should it not be possible to reach the contractor or supervisOi and/or should remedial action not f. trt .n
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 alRropriate reductions iE the contract payment.
The Successful Contractor will be directly reSponsible for iqstructing employees in utilities conservation
practices. The Successful Contractor will be respnsible foi'ryt1X,9- ,nOer conditions, which preclude the
::]:::i:i;:;:'
Successful Contractor will abide by all ordinances and lHws pertaining to his operation and will secure, at his
;:::::. ff-#.!#;;*
ecessary ror these operations
@signaContractManagertomeetwiththeCityofMiamiBeachContract
Adrninistratoi iegulail't and as reqtil+d. A mutual effo( will be made to resolve all problems identified. The
written minutes of theii meetings will be signed by the Successful Contracto/s Contract Administrator and
fie{ity's Contract Adm@rator, and a copy will be forwarded to the Procurement Director. Should the
Su@essful Contractor not'@ur with the minutes, he will state in writing to the Procurement Director any
areaSw.herein he does not cenCIur.
Standards
Excellent Custd r'Elnservice iS the standard of the City of Miami Beach. As contract employees of the City,
security officers vfitf'be r:equired to conduct themselves in a professional, courteous and ethical manner at all
times and adhere toithe City's Service Excellence standards.
Post Order, Rules and Requlation Manual
The City of Miami Beach will provide to Successful Contractor, for the duration of the contract, the Post
Order and Rules and Regulation Manual. Changes to Post Orders, if needed, will be provided by the
Contract Administrator through written addendum to these orders. All Security Personnel shall have access
to these Post Orders and any updates at all times while on duty. This may be accomplished by storing the
Post Orders on site or, in the instance in which no secure storage is available, delivering them to the site at
the beginning of each tour of duty.
347
Should the City elect to utilize the services of the Security Officers for code enforcement, the City will
provide guidance, direction and specific training related to the enforcing of City of Miami Beach City
ordinances and codes.
Additionally, the City of Miami Beach reserves the right to have any security officer removed from Miami
Beach posts for violations of the Post Orders.
Court Appearances
The selected Propose(s) personnel may be required to testify in various judle[al'proce6dings on behalf of
the City. These personnel shall coordinate all Contract-related court appear:ance,g with the City when such
appearances are required. Any selected Propose(s) personnel required to make a ourt appearance shall
be remunerated by the selected Propose(s) at the same hourly rate'as would-E ,,., ned while on duty
under any Contract issued as a result of this solicitation and all extensions or ren6Wd+.Jhereof, and the
selected Propose(s) shall in turn be remunerated by the City at the stipulated billin$t\ratsJhe selected
Propose(s) shall invoice for the actual hours the employee spent at court, of whethef or ,not his/her
testimony was used and/or provided. (Courl delays are common, and multiple appearances b| the&s.t8inS
employee may be required). A copy of the original subpoena shall be submitted with the corresponding
invoice. Contract-related Court testimony on behalf of the City shall take priority over all other scheduled
duties, and the selected Propose(s) shall coordinate with the City to ensure that this is done with no impact
to daily operations. Selected Propose(s) personnel scheduled to testifu on behalf of the City due to their
Contract related duties shall appear for court
weapons, batons, handcuffs or firearms.
testimony in full Uniform however, without chemical
i{i
ffi
348
Estimated W Service Hours U
POST LE1/EL ESTIMATED WEEKLY
SERVICE HOURS
Open Spaces (Parks, Boardwalks, etc.)1 Officer Lerel V (Supervisor)1 12 Hours
Parking Facilities 2 Offcers Lercl V (Supervisor)224 Hours
7tn Street Garage 1 Offcer Level I or ll 168 Hours
17th Street Garage 1 Officer Levrel I or ll 168 Hours
16tn Street Garage 1 Officer Lewl I or ll 168 Hours
South Beach Walk (14-21 St.)1 Officer Level I or ll 105 Hours
Alaska Bay Walk (1-4 St.)1 Officer Lelel I or..ll 42 Ho0rs
N. Beach Recreation Corridor (64-79 St.)2 Officer LeveLjd ll 176 Hours
City Hall Campus
'1 Officerlevel lll
3 Offcers Lerel lV '
1 Supervisor Level V
168 Hours
120 Hours
40 Hours
3 Offcers Lerel lV 120 Hours
1 Offcer Level V (Supervisor)40 Hours
Normandy Shores Gatehouse 1 Offcer Level.f,.,oi.It 168 Hours
Bass Museum 5 Offcers Lelel I or ll 150 Hours
Sanitation Detail""::.-.-=..-= lg,1 Offcer Level I or ll 9 Hours
x.
i.i:::
Offcer Lerrel Vl/Project Manager 40 Hours
Sec Officer Levels
349
APPENDIX D
ffi$,&tu&$mffi&ffiNN
SpecioL Conditions
,', 20] 5-013-WG
S ECU RITY OFFICER SERVICES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
350
1.TERM OF CONTRACT. The contract shall commence upon the date of notice of award
and shall be effective for two (2) years.
OPTION TO RENEW. The City, through its City Manager, will have the option to extend
for three (3) additional one-year periods subject to the availability of funds for succeeding
fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
bidder, This prerogative will be exercised only when such continuation is clearly in the
best interest of the City. \
PRICES SHALL BE FIXED AND FIRM: All prices quotbilln tnd%warOee's bid submittal
shall remain firm and fixed, unless amended in writin ...b,,l CitV
,i,
COST ESCALATION. The hourly rates propr$d by successful vendo(S)'ffill remain
fixed for the term of the contract, howevefL:ffie. City maf'.consider requests foi markup
adjustment in the event of unforeseen goveftEental ma [es (e.9., taxes, healthcare
mandates, Living Wage, etc.) imposed upon thetont@r. Requests for adjti'itment to
hourly rates shall be submitted to the City's Procui@nt Department for review. lf the
requested adjustment is appr:oved, the Procurement Department will formalize the
It shall be further understood that rthe City reserves the right to reject any adjustment
submitted by the vendor, and/or terminate the contract with the vendor based upon such
price adjustments.
ADDITIQN:AL SERVleffi Services not specifically identified in this request may be
added to eteted from, any resultant contract upon successful negotiations and mutual
consent of the contracting parties.
rnLUnE To PEI{iQEU-1. L. cii .r.s the right to take any action necessary to
ensure ihittne securi[Ff*orces are fully staffed in order to protect the City of Miami Beach
property, persdnnel, and aisets. This may include contractual arrangements with others
contractors for the purpose of obtaining alternative resources in the event that the
successful contractor cannot perform
lf Such arrangements are deemed necessary, then the successful contractor may, at the
sole dlscretion of the City of Miami Beach, be terminated, and any cost incurred by the City
of Miami Beach may be withheld from funds owed to the Successful Contractor.
SUB.CONTRACTING. Contractors/Proposers may subcontract to qualified security
guards/firms, with the prior written approval by the City, when requested to provide
additional guards for special/major events or on an "as needed" basis.
Should the Successful Contractor provide security guards employed by a sub-contractor,
the Successful Contractor will be required to provide a Labor and Materials (Payment
Bond), in the amount of $100,000. The successful contractor will also provide an
4.
7.
351
9.
Employee Dishonesty Bond in the amount of $25,000. Additionally, the City reserves the
right to deduct payment(s) in an amount specified in the bid/contract documents for either
non-qualified security guard, and/or for unsatisfactory performance in accordance with the
specified Terms and Conditions of the RFP,
SERVICE LOCATIONS AND ASSIGNMENT HOURS. lt will be the sole discretion of the
City of Miami Beach as to locations, number of guards and hours of services needed, The
City of Miami Beach reserves the right to change possible locations asrd the required hours
of service during the term of the Contract. :=
,itl ,t all times guardPROTECTION OF PROPERTY. The Successful Contractor
against damage to or loss of property belonging to the City of Miami Beach. lt is the
responsibility of the Successful Contractor to replace or repair any property lost or
damaged by any of its employees. The City oJ Miami Beach may withhold.-,payment or
make such deductions as it might deem necessary to ensure reimbursemeht.1qr loss or
damage to property through negligencerf Successful Contractor, its emplqyees or
PERFORMANCE BOND ==#
The vendor to whom a contingent award is made shall dE@-xecute and deliver to the City
a Performance and Payment Bond in an amount that repiedp.ptsl00% of the vendor's
offer price. The Performance and Payment Bond Form supptied by the City shall be the
only acceptable form for these bonds. No other form will be bccepted, The completed
form shall be delivered to the City within '15 calendaidays@r formal notice of award, lf
the vendor fa]]@ deliver the payment and performance bond within this specified time,
including -g=@d eiGdsions, the City shall declare the vendor in default of the contractual
terms a=e onditions, ffi tfre vendor shall surrender its offer guaranty/bid bond, and the
City shall nEi ept an-@Jfer from that vendor for a twelve (12) month period following
such default ln, ,,1
The folloWinO sOec ftd ll apply'to any bond provided:
All bonds shall be written thE@h surety insurers authorized to do business in the State of
Florida as surety, with the fofhwing qualifications as to management and financial strength
according to the latest edition of Best's lnsurance Guide, published by A.M. Best
Company, Oldwick, New Jersey:
10.
Bond Amount Best Rating
500,001 to 1,500,000 B V
1,500,001 to 2,500,000 A Vl
2,500,001 to 5,000,000 A Vll
5,000,001 to 10,000,000 A Vlll
Over 10,000,000 A lX
On contract amounts of $500,000 or less, the bond provisions of Section 287.0935, Florida
Statutes (2007) shall be in effect and surety companies not othenruise qualifying with this
352
paragraph may optionally qualify by:
1. The surety company is licensed to do business in the State of Florida;
2. The surety company holds a certificate of authority authorizing it to write surety
bonds in this state;
Providing evidence that the surety has twice the minimum surplus a dcapital required by
the Florida lnsurance Code at the time the solicitation is issued; ='-:'::"':"':'"-
Certifying that the surety is otherwise in compliance with the'Fffidp rance Code; and
Providing a copy of the currently valid Certificate of Authority issued'by, the United States
Department of the Treasury under SS. 31 USC 9304-9308.
i,'' l[t='
Surety insurers shall be listed in the latest Circular 570 of the U,S. DepartitieEkfthe
Treasury entitled "surety Companies Acceptabte, Federal Bonds", published !nnually.
The bond amount shall not exceed the undenrvritin$,limitations as shown in this circular,
For contracts in excess of 500,00{ the provisions of SectiOn B will be adhered to plus the
company must have been listed$r at least three consecutiVe years, or holding a valid
Certificate of Authority of at least 1.5 million,do:1.9.=, 0 on the Treasury List.
Surety Bonds guaranteed through U-S. qoveinment'Smafl Business Administration or
Contractors Training and Development lnc. will also be acceptable.
ln lieu ota:bond, an irrevocable letter of dredit or a cash bond in the form of a certified
cashie/s fuk made out to the City of Miami.Beach will be acceptable. All interest will
accrue to the Gily of t\4iami Eeach during thb lite of this contract and/or as long as the
funds are being h6ld by. the City: ,"',"',;,
The attoi@inJact or other officer who signs a contract bond for a surety company must
file with such'bond a certifibd copy of power of attorney authorizing the officer to do so.
The contract boh'd:must be counter signed by the surety's resident Florida agent.
353
APPENDIX E
& eA!&eAtmw&ffM:- f v t$f \J Y \lN#&*, \kE $
..-:1.: -
.il.:i;::::::::::;;;
Cost Proposol$'Form
20r s-Or 3-wG
:,
S ECURITH WFICER S ERVICES
lr,-
I . ,l's=. . PROCUREMENT DIVISION' ]700 Convention Center Drive
Miomi Beoch, Florido 33139
354
APPENDIX E
PROPOSAL TENDER FORM
Bidder affirms that the pnces 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, matedal 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. This Proposal Tender Form shall be completed mechanically or, if
manually, in ink. Proposal Tender Form completed in pencil shall be deemed non-responsive, All corrections
DESCRIPTION EST QTY ANNUAL EST QTY TOTAL
1 Security Officer Level I 30,004 hours $ /Hour $
2 Security Officer Level ll 30,004 hours $ lHour $
3 Security Officer Level lll 8,736 hours \rr:$;-1HoUr:,$
4 Security Officer Level M 12,480 hours $' ir/,.,Hour $
5 Security Officer LevelV 21,632 hours
L rfls_/p,rflr$r $
6 Security Officer Level Vl 2080 hours $ ,-. /Hour $
7 Vehicle 2 each $ _ '_/monthly $
Ootion $ / hourly
8 Bicycle fgach $ lmonthly $
$ / hourlv
9 Golf Cart 4.,ea,eh $ /monthlY $
Option $ / hourlv
TOTAT s
Company:
Authorized Representative:
Telephone;
Email:
Authorized Representative's Signature:
Prompt Payment Terms % _Days
355
APPENDIX F
.silil
l],r''
& eA$&&Arffi$-&flM=- $v\$/ \ivt$Mks \M$ B
I ns u ro n c d'",Re q u ire m e n ts
201 5-0 ltQ,,,,r G
S EC U RITYOFFICER S ERVIC ES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
356
ffiiAMXmWeffiN
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
The provider shallfurnish to the Human Resources Department, Risk Management Division, City of Miami
Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance
which indicate that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation and Employer's Liability lnsurance for all employees of the provider as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined
single limit per occurrence, for bodily injury and property damage. City of Miami Beaeh must be shown as an
additional insured with respect to this co-verage.
C. Automobile Liability lnsurance covering all owned, iion-6 and hi vehicles used ih connection with
the work, in an amount not less than $1,010,000 combined sffii6limitFer Uccurrence for bodily injury and
property damage. {
&.
D. Professional Liability tnsurance in an amount not less than $1,000,000 ifuith th9 deductible per claim, if any,
not to exceed 10% of the limit of liability.
-:r::: = :. ::.r ..,. ..i.]:lf'
The insurance coverage required above must iiituOe a Waiver of subrogation in favor of the City. The
insurance coverage required shall include those clasSifications, aS listed in standard liability insurance
manuaii, which most nearly reflect the operations of the provider.
.
All insurance policies redUiieC abov6=6hall be issued by companies authorized to do business under the
IawS-F of FIorida, with the following qualifications:
The company must be rated no leiE'=fu,"B+" as to management, and no less than "Class Vll" as to financial
strengih, Uy ttre latest edition of Beit;tlfnsurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent, subj ffiit-o, the approval of the City Risk Management Division.
Certificates will indicate no modification or change in insurance shall be made without thirty (30)days
' advance notice to the certificate holder.
:
CERTIFICATE HOLDER MUST READ:
CITY OF MIAM] BEACH
17OO CONVENTION CENTER DRIVE
3rd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other section of this agreement.
357
R5
ORDINANGES
358
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Chapter 70 Of The Code Of
The City Of Miami Beach, Entitled "Miscellaneous Offenses,' By Amending Article ll, Entitled 'Public Places," By Amending
Division 2, Entitled 'Bicycling, Skateboarding, Roller Skating, ln-Line Skating, And Motorized Means Of Transportation," By
Amending Section 70-67, Entitled 'Prohibited Acitivities," By Prohibiting Bicycling, Roller Skating, ln-Line Skating, And
Skateboarding On The East Side of Ocean Drive from sth to 15h Streets; 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 Fo(h 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; By Amending Section 70-71 , Entitled "Enforcement; Penalties,'By Amending The Enforcement And Penalty
Provisions Therein: And Providinq For 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 1 0 residents (39%) claimed they would ride bicycles; this is considerably lower
Item Summarv/Recommendation :
At its October 24,2012 meeting, the City Commission passed and adopted Ordinance No.2012-3780 and Resolution No.
2012-28041 which provided various regulations concerning electric personal assistive mobility devices (also known as
Segways or EPAMDs). The Ordinance amended Chapter 70, Article ll, Division 2 of the City Code, and in particular, Sections
70-66, 70-67, 70-68, 70-69, 70-70, and Section 7O-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 Dr. between South Pointe Drive and 1Sth St.
ln addition to City Code regulations contained in Chapter 70 and in the City's Administration Rules, Section 82-438 of the City
Code prohibits wheeled conveyances on the wooden elevated Boardwalk, between 246 and 45s Streets, exceptwhen required
by disabled persons, strollers, or as required by fire, police, ocean rescue, or other city employees and agents as may be
authorized by the City Manager.
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/ortours. Atthe July23,
2014 City Commission meeting, the Commission refened the matterof EPAMDS and motorized means of transportation to the
Neighborhood/Community Affairs Committee (NCAC) for further amendments and to bring an Ordinance back to the City
Commission in October.
Pursuant to the above direction, an Ordinance was presented to the City Commission on Oclober22,2014 and the NCAC on
October 31, 2014. Subsequent to the City Commission meeting on October 22, 2014 and during the NCAC meeting on
October 31,2014, additional modifications to the Ordinance were discussed and recommended by the NCAC. Those
modifications have been incorporated as part of the Ordinance. Additionally, several amendments which had been included in
First Reading 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 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, such as motorized skateboards.
The Ordinance was adopted on First Reading at the Decembet 17,2014 City Commission meeting. At the Second
Reading/Public Hearing atthe January 14,2015 Commission meeting, amendmentswere made and approved on thefloor by
the Commission. The proposed ordinance was revised to reflect the approved amendments. ln the interest of public safety, the
Administration is recommending that the additional regulations and housekeeping amendments set forth in the proposed
Ordinance be
This item was presented to the NCAC for discussion on October 31,2014. The NCAC approved the proposed ordinance
with recommendations for additional amendments.
Financial !nformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmoact Summarv: None.
Deoartment Director Assistant Afv Ugn3ggl_Citv lanaqer
JRGlP.6 KGB ry JLM yl
a
-,
AAIA/\N[BEACH 359
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
CO MEMORANDUM
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA" AMENDING CHAPTER 70 OF THE
CODE OF THE CITY OF MIAMI 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
SECTION 70.67, ENTITLED "PROHIBITED ACTIVITIES," BY
PROHIBITING BICYCLING, ROLLER SKATING, IN.LINE SKATING,
AND SKATEBOARDING ON THE EAST SIDE OF OCEAN DRIVE FROM
srH ro 15rH STREETS; By AMENDTNG sEcfloN 70-70, ENTITLED..RESPONSIBILIT!ES OF PERSONS AND BUS!NESS ENTITIES
PROVIDING RENTALS, LEASES, AND/OR TOURS OF ELEGTRIC
PERSONAL ASSISTIVE MOBILITY DEVICES," BY AMENDING THE
RESPONSIBILITIES SET FORTH THEREIN AND TO INCLUDE
PERSONS AND BUSINESS ENTITITIES PROVIDING RENTALS,
LEASES, AND/OR TOURS OF OTHER MOTORIZED MEANS OF
TRANSPORTATION, AND CORRECTING SCRIVENER'S ERRORS
THEREIN; BY AMENDING SECTION 70-71, ENTITLED..ENFORCEMENT; PENALTIES,,, BY AMENDING THE ENFORCEMENT
AND PENALTY PROVISIONS THEREIN; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE
DATE.
This Ordinance is sponsored by Commissioners Jonah Wolfson and Michael Grieco.
ADMINISTRATION RECOMMENDATION
This Ordinance was adopted on First Reading on December 17, 2014. At the Second
Reading/Public Hearing on January 14,2015, amendments were made and approved by the
City Commission and the public hearing was continued to February 11, 2015. 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.
FROM:
DATE:
SUBJECT:
NG/PUBLIC HEAR!NG
360
Commission Memorandum - New Motorized Means of Transportation Ordinance
February 11,2015
Page 2 of 6
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, Iinking residential
neighborhoods, commercial centers, and parks. The Beachwalk and Baywalk are major
components of the AGN system and facilitate the use of alternative and sustainable forms of
transportation throughout the City.
The dense urban environment of Miami Beach leads to a high percentage of users competing
for public space, including pedestrian pathways and sidewalks. Recently, the use has increased
with Electric Personal Assistive Mobility Devices (also known as Segways or "EPAMDs") along
the City's Beachwalk, sidewalks, and rights-of-way. Complaints with regard to EPAMD use in
the City have ranged from the speed at which the users pass pedestrians, often without any
warning to the pedestrian; careless and reckless behavior by the users causing congestion and
fear of injury on heavily traveled pedestrian walkways; and collisions with pedestrians causing
personal injuries. ln addition to persons operating EPAMDS, persons that utilize 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.
361
Commission Memorandum - New Motorized Means of Transportation Ordinance
February 11,2015
Page 3 of 6
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 1sth and 23'd Streets. Beachwalk between 64th and 79th Streetso Beachwalk south of 5th Streeto Lummus Park Promenade (also known as the Lummus Park Serpentine Walkway)
between Sth and 15th Streets. Sidewalks on the east side of Ocean Drive between South Pointe Drive and 1Sth Streeto South Pointe Park cutwalk adjacent and parallel to Government Cuto Marina Baywalk adjacent and parallel to Biscayne Bay and South of Sth Street
Attached as Exhibit A is a map depicting the City's coastal pathways, both existing and planned,
where motorized means of transportation are currently 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. 201 4-3883
To address additional safety concerns and accidents already experienced in the City, Ordinance
No.2014-3883was adopted on July 23,2014 tofurtheramend 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. ln addition, events held
during high impact periods can increase pedestrian traffic by the thousands, and it is unsafe for
any vehicle or motorized means of transportation to operate on streets closed by the Police
Department for such events as those streets are then utilized by dense pedestrian traffic. Thus,
a provision was added to prohibit motorized means of transportation on any street or road
closed to motor vehicular traffic by the Police Department for events during high impact periods.
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.
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Commission Memorandum - New Motorized Means of Transportation Ordinance
February 11,2015
Page 4 of 6
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. 201 4-3908
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:
. Adding a definition of "high impact periods" in Sec. 70-66 because these periods,
currently defined and cross-referenced in Sec. a6-92(g)(1)(b), are being deleted from
Sec. 46-92(gXtXO) in another unrelated ordinance concerning commercial handbills. A
corresponding amendment is made in Sec. 70-67(9).. Amending the definition of motorized means of transportation to exempt motorized
devices and wheelchairs when used by disabled persons, and making corresponding
amendments throughout Division 2.o Amending Sec. 70-67 to add South Pointe Park Pier to the list of areas where motorized
means of transportation are prohibited, as well as making certain clarifying clean-up
amendments.o Making the responsibilities applicable to EPAMDs users in Sec. 70-69 also applicable to
users of other motorized means of transportation.o Amending Sec. 70-70, regarding the responsibilities of persons and entities that rent
EPAMDS, to strengthen the licensing, certification, and document requirements; expand
the requirements regarding the providing of a combined release, hold harmless and
acknowledgments by renters; and adding regulations regarding tours and prohibitions
regarding towed objects or persons.. Amending Sec. 7O-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:
. 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
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Commission Memorandum - New Motorized Means of Transportation Ordinance
February 11,2015
Page 5 of 6
were not included in the printed NCAC agenda for Octobet 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)).
o Removing the requirement that EPAMD operators only travel in single file during a tour
(see Sec. 70-69(cX5)).. 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.
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.
PROPOSED ORDINANCE
At the November 19, 2014 City 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 motorized means of transportation
other than EPAMDs, such as motorized skateboards. Currently, the regulations in Section 70-
70 only apply to businesses or persons that rent or lease EPAMDS. 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 proposed 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.
At the Second Reading/Public Hearing at the January 14, 2015 Commission meeting, the
following amendments were made and approved on the floor by the City Commission:
o Section 70-67 (b) was amended to add the sidewalk on the east side of Ocean Drive
between Sth and 15th Streets as a location where bicycling, roller skating, in-line
skating, and skateboarding are prohibited.. Section 70-71was amended to provide that the chaining of bikes to objects other than
bike racks on Lincoln Road and Ocean Drive (see Sec. 70-69(b)) may be enforced by
either code or police officers as a code violation that carries a fine. Currently this
offense may only be enforced by police officers as a noncriminal infraction under
Florida law.
Thus, the proposed Ordinance was revised to reflect the above-reference amendments, and
Sections 70-66, 70-68, and 70-69, which were not amended, were set forth in the Ordinance for
reference purposes.
Subsequent to the January 14,2015 Commission meeting, a new proposal was submitted by
Mr. Henry Stolar as set forth in Exhibit B. The proposal would amend the enforcement and
penalty provisions in Section 70-71to provide that all violations of the provisions in Division 2 of
Article !l of Chapter 70 would be enforced by code compliance officers (which include police
officers) with fines and penalties provided solely under the City's Special Master system.
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Commission Memorandum - New Motorized Means of Transportation Ordinance
February 11,2015
Page 6 of 6
Under the present version of the Ordinance, certain violations are enforced by police officers
with statutory penalties under Florida Law, and other violations are City Code violations which
are enforced by code compliance officers under the City's Special Master system. As the nature
of many of the violations in Division 2 concern persons engaged in operating or traveling on
wheeled or motorized devices ("moving violations"), as opposed to other "stationary" violations
(regarding business insurance, device certifications, and document requirements, etc.), the
enforcement of the former only by police officers that possess the authority to stop, detain, and,
if necessary, arrest violators establishes a more efficient and complete method of enforcement.
"Moving violations" have a more immediate potential to endanger the safety of pedestrians and
the public (e.9., operating a motorized means of transportation on a prohibited sidewalk or on
the Beachwalk, Cutwalk, etc.). ln addition, the enforcement by police officers for these types of
offenses results in more serious statutorily prescribed penalties and prosecution in County
Court.
RECOMMENDATION
ln the interest of public safety, the Administration recommends that the additional regulations
and housekeeping amendments set forth in the proposed Ordinance be adopted.
Attachments: Exhibit A. Map of Prohibited Areas
Exhibit B. Alternative Proposed by Mr. Stolar
&:uo
KGB/JRG/XRF
365
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry 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 SECTION 70-67, ENTITLED..PROHIBITED ACTIVIT!ES," BY PROHIBITING BICYCLING,
ROLLER SKATING, IN-LINE SKATING, AND SKATEBOARDING ON
THE EAST SIDE OF OCEAN DRIVE FROM sTH TO 15TH STREETS;
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 INCLUDE PERSONS AND
BUSINESS ENTITIES PROVIDING RENTALS, LEASES, AND/OR
TOURS OF OTHER MOTORIZED MEANS OF TRANSPORTATION,
AND CORRECTING SCRIVENER'S ERRORS THEREIN; BY
AMENDING SECTION 7O-71, ENTITLED ..ENFORCEMENT;
PENALTIES," BY AMENDING THE ENFORCEMENT AND PENALW
PROVISIONS 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 to regulate the operation of
bicycles and 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, 2014-3883, and
2014-3908; and
366
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 businesses entities that provide rentals, leases, and/or tours of other types of
motorized means of transportation, as defined in Chapter 70 of the City Code, are necessary in
the interest of safety; and
WHEREAS, in furtherance of pedestrian safety concerns on the sidewalks on the east
side of Ocean Drive between Sth and 15th Streets, the Mayor and City Commission have
determined that bicycling, roller skating, in-line skating, and skateboarding should be prohibited
at alltimes on such sidewalks; and
WHEREAS, the Mayor and City Commission have also determined that amendments to
the enforcement and penalty provisions in this Ordinance are needed in the interest of the public
health, safety, and welfare.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, THAT CHAPTER 70, ARTICLE II OF THE GODE
OF THE CITY OF MIAMI BEACH IS AMENDED AS FOLLOWS:
SECTION 1. That Division 2 of Article ll of Chapter 70 of the Code of the City Miami Beach is
hereby amended as set forth herein. ln addition, the provisions in Sections 70-66, 70-68, and
70-69 are provided for reference purposes.
CHAPTER 70
MlSCELLANEOUS OFFENSES
ARTICLE ll. Public Places
DIVISION 2. Bicycling, Skateboarding, Roller Skating, ln-Line Skating,
and Motorized Means of Transportation
Sec. 70-66. Definitions.
The following definitions are applicable to this division:
Bicycle means every vehicle propelled solely by human power, having two
tandem wheels, and including any device generally recognized as a bicycle though
equipped with two front or two rear wheels. The term does not include such a vehicle
with a seat height of no more than 25 inches from the ground when the seat is adjusted
to its highest position or a scooter or similar device. The term does not include non-
motorized vehicles for hire as defined in section 106-463 of the City Code.
Bicycle path means any road, path or way that is open to bicycle travel which
road, path, or way is physically separated from motorized vehicular traffic by an open
367
space or by a barrier and is located either within the highway right-of-way or within an
independent right-of-way, and as defined and authorized by state law and the City Code,
and includes the city's coastal pathways, beachwalk, baywalk, and cutwalk that are
within the Atlantic Greenway Network as set forth in appendix A.
Code compliance officer means a code inspector as defined in Section 30-3 of
the City Code and, for purposes of this division, shall include, without limitation, police
officers.
Electric personal assisfrve mobility device means any self-balancing, two non-
tandem wheeled device, designed to transport only one person, with an electric
propulsion system, and includes the definition set forth in Section 316.003(83) Fla. Stat.,
as may be amended.
Grinding means the process by which a skater or skateboarder attaches to a
curb or rail and slides along the edge of the curb or rail.
High impact periods means those periods of time as annually designated by the
city manager during which one or more of the following occur:
(i) There is a designated major event period;
(ii) A maintenance of traffic plan is required (e.9., including, but not limited to,
street closures, lane closures, shuttle service);
(iii) Hotel occupancy levels are anticipated to be greater than 75 percent;
(iv) Mutual aid or other assistance from outside agencies is required to provide
for the safety and well-being of residents and visitors to the destinations; or
(v) An event on public property is anticipated to result in more than 25,000
visitors to the destination.
Launching means using any angled or elevated surface which the skater,
skateboarder, or cyclist can jump from in order to get airborne.
Motorized means of transportation means any devices or means of transportation
which are propelled other than solely by human power and includes, but is not limited to,
electric personal assistive mobility devices, motorized skateboards, motorized skates,
and any other motorized device not defined as a vehicle in Section 316.003, Fla. Stat.,
as may be amended; but shall not include motorized devices and wheelchairs when
used by disabled persons.
Rail sliding means an activity similar to curb or edge grinding. Handrails are often
used for rail sliding, in which the skater jumps to the top of the rail and slides down the
decline.
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Stalling means the process by which a skater or skateboarder attaches to a curb
or edge in the space between the second and third wheel of the in-line skate or any part
of the skateboard.
Sec. 70-67. Prohibited activities.
It shall be unlavvful for any person to engage in skateboarding, roller skating, and in-
line skating at any time, to operate any motorized means of transportation at any
time, or to engage in bicycling between 9:00 a.m. and 2:00 a.m., in, on, or upon any
portion of Lincoln Road Mall lying west of the westerly line of Washington Avenue to
the easterly line of Alton Road.
It shall be unlaMul for any person to engage in bicycling, roller skating, in-line
skating, or skateboarding, in, on, or upon any portion of the sidewalk on the west
side of Ocean Drive between South Pointe Drive and 1sth Street and on the east side
or ocean orive oetwffi at any time.
It shall be unlaMul to operate, at any time, any motorized means of transportation;
in, on, or upon any portion of:
the Beachwalk between 15th and 23'd Streets, between 64th
and 79th Streets, south of Sth Street, and on any additional
segments of the Beachwalk that may be constructed in the
future;
the Lummus Park Promenade (also known as the Lummus
Park Serpentine Walkway) between Sth and 15th Streets;
(3) the sidewalks on the east and west sides of Ocean Drive
between South Pointe Drive and 15th Street;
the South Pointe Park Cutwalk adjacent and parallel to
Government Cut;
the Marina Baywalk adjacent and parallel to Biscayne Bay
and south of Sth Street;
the interior pathways within South Pointe Park and Collins
Park; and
(7) the South Pointe Park Pier.
It shall be unlaMul to operate any motorized means of transportation; in, on, or upon
any sidewalk or sidewalk areas in the city, except for (a) wheelchairs or other
motorized means of transportation when used by disabled persons and (b) electric
personal assistive mobility devices, where otherwise not prohibited, which shall be
restricted to a maximum speed of eight miles per hour.
It shall be unlaMul to operate an electric personal assistive mobility device on any
bicycle path in the city, where othenruise not prohibited, at a speed greater than eight
miles per hour.
(a)
(b)
(c)
(d)
(1)
(2)
(4)
(5)
(6)
(e)
369
(0 lt shall be unlaMul to grind, rail slide, launch, stall or to engage in any other such
type of activity on a skateboard, in-line skates, or roller skates which results in the
damage of public or private property.
(g) lt shall be unlawful to operate any motorized device defined as a vehicle in section
316.003, Fla. Stat. and any motorized means of transportation on any street or road
that is closed to motor vehicle traffic by the Police Department for events during high
impact periods.
(h) All of the prohibitions in this section shall apply to the areas identified
notwithstanding any change in the name of the street, right-of-way, or facility.
Sec.70-68. Exemptions.
Police department and code compliance department bicycle, in-line skate, and electric
personal assistive mobility device patrol units, vehicles, and motorized means of transportation;
city service and transit vehicles; city-contracted security and maintenance service vehicles;
service vehicles authorized by the city for use by city lessees, concessionaires, or other city
contractors operating pursuant to any agreement with the city; and a person dismounted from
and walking a bicycle, shall be exempt from the restrictions of this division.
Sec. 70-69. Responsibilities of bicyclists, skaters, and persons operating motorized
means of transportation.
(a) lt shall be unlawful for any person to engage in bicycling, skateboarding, in-line
skating, roller skating, or operating a motorized means of transportation in the
following areas:
(1) On the grounds of any public facility including, but not
limited to, city hall, municipal parking garages, city police
and fire stations, city public works yards, and historically
designated city properties; and
(2) On any public walls, ramps, fountains, or other fixtures or
structures.
(b) Bicycles shall not be chained or otherwise secured to any tree, fixture, or object
which is not a bicycle rack on any portion of Lincoln Road or Ocean Drive.
(c) Whenever any person is riding a bicycle, skateboarding, in-line skating, roller
skating, or operating a motorized means of transportation where otherwise not
prohibited, such person:
(1) shall engage in such activity at a safe speed which does
not endanger the safety of pedestrians or others;
(2) shall not obstruct or endanger pedestrian or vehicular
traffic;
(3) shall yield the right-of-way to any pedestrian, and shall give
an audible signal before overtaking and passing such
370
pedestrian; and
(4) shall not engage in such activity with a trailer or any other
passenger or towed object or person except for the lawful
use of a child seat on a bicycle.
(d) Whenever a person is operating a motorized means of transportation* such
person:
(1) Shall immediately report any accident with a pedestrian or other person to
the Miami Beach Police Department and Miami Beach Fire Rescue. ln
addition, the operator must:
(a) remain on the scene until a police officer arrives;
(b) identify himself/herself to the victim and to the police officer; and
(c) provide to the victim and to the police officer the name of the person or
business that leased or rented the device; and
(2) Shall not operate the motorized means of transportation between sunset
and sunrise or during inclement weather.
(e) Whenever a person is operating a motorized means of transportation, such
person shall comply with all applicable federal, state, and county regulations,
administrative rules, and laws, and all applicable administrative rules established
by the city.
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 followino 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 eteetrie-pe+sen+
ass+strye-mebillty m oto rized m eans of tra ns portati on devices sh a I I :
(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
371
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
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@ive
mebit*V-aeviee 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 ot
the City Code, the map of prohibited areas, the training provided, and the offer of
a helmet as required by Sec. 70-70(gX0 and Sec. 70-70(hxg), 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=;
(fl (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
372
amended;
(g)ft}Providetrainingastothesafeoperationof
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;
(hXD 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;
(i)() 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;;
(Xk) 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;
(kX+) 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 transportation device;
(2) act with reckless disregard or indifference to the safety of
Others; and/or
(3) are incompetentto operate@ive
mebility a motorized means of transportation device;
(lxm) Promptly report any accidents involving leased or rented ele€ti€--personal
aseis+ive-mebt+r+y motorized means of transportation devices to the Miami Beach
Police Department and Miami Beach Fire Rescue;
(mXn) 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
(nXe) Comply with all administrative rules that may be established by the city regardingrentals,leaSes,tourS,andthesafeoperationof@ive
mobility motorized means of transportation devices.
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Sec. 70-71. Enforcement; penalties.
A violation of the provisions in sections 70-67 and 70-69e"+e G)-and-Id by
persons operating electric personal assistive mobility devices or engaged in
bicycling, skateboarding, in-line skating, roller skating, or operating any
motorized means of transportation, shall be enforced by a police officer and shall
be deemed a noncriminal infraction as defined in F.S. S 318.13(3) and shall be
subject to the penalties set forth in F.S. S 316.655, as may be amended.
A violation of the provisions in sections 70-69(bl-and (d)-(e) and 70-70 shall be
enforced by a code compliance officer (which, as defined in Sec. 70-66, includes
a police officer) in accordance with the following procedures and penalties:
(1) lf a code compliance officer finds a violation, the compliance officer shall
issue a notice of violation to the violator as provided in chapter 30. The notice
shall inform the violator of the nature of the violation, amount of fine for which
the violator may be liable, instructions and due date for paying the fine, notice
that the violation may be appealed by requesting an administrative hearing
within ten (10) days after service of the notice of violation, and that failure to
do so shall constitute an admission of the violation and waiver of the right to a
hearing.
(2) A violator who has been served with a notice of violation shall elect either to:
a. Pay the civil fine as follows for violations of sections 70-69(b)-an<l
(d)-(e):(i) Firstoffense..........$100.00;(ii) Second offense.....$250.00;(iii) Third offense .........$500.00;(iv) Fourth and subsequent offenses .....$1,000.00;
b. Pay the civil fine as follows for violations of sections 70-70(a) and
(c)€S-@:(i) First offense .........$250.00;(ii) Second offense .....$500.00;(iii) Thirdoffense......$1,000.00;(iv) Fourth and subsequent offenses .....$2,000.00;
c. Pay the civil fine as follow for violations of Section 70-70(b):(i) First offense .........$1,000.00;(ii) Secondoffense.....$2,500.00;(iii) Third and subsequent offenses .....$5,000.00; or
d. Request an administrative hearing within ten 10 days before a
special master appointed as provided in article ll of chapter 30 to
appeal the decision of the code compliance officer which resulted
in the issuance of the notice of violation. lf the offense is a
violation of section 70-70(b), the operation of the business must
cease untilthe required insurance is obtained.
(a)
(b)
9
374
lf the offense is a fourth or subsequent offense of section 70-69(D_or (d)-
(e) or 70-7A@) or (c)-(n), it shall also be considered an habitual offender
offense and, in addition to the penalty set forth in subsections 70-
71(b)(2)a.(iv) and 70-71(bX2)b.(iv).; the city manager may issue an
administrative complaint for the suspension or revocation of a business
tax receipt and certificate of use as provided in sections 102-383 through
1 02-385.
lf the named violator, after notice, fails to pay the civil fine or fails to timely
request an administrative hearing before a special master, the special
master shall be informed of such failure by report from the code
compliance officer. Failure of the named violator to appeal the decisions
of the code compliance officer within the prescribed time period shall
constitute a waiver of the violator's right to administrative hearing before
the special master. A waiver of the right or an administrative hearing shall
be treated as an admission of the violation and penalties may be
assessed accordingly. The special master shall be prohibited from
hearing the merits of the notice of violation or consideration of the
timeliness of the request for an administrative hearing if the violator has
failed to request an administrative hearing within ten (10) days of the
issuance of the notice of violation.
Any party aggrieved by the decision of the special master may appeal the
decision in accordance with law.
The city may institute proceedings in a court of competent jurisdiction to
compel payment of civil fines.
A certified copy of an order imposing a civil fine may be recorded in the
public records and thereafter shall constitute a lien upon any other real or
personal property owned by the violator and it may be enforced in the
same manner as a court judgment by the sheriffs of this state, including
levy against the personal property, but shall not be deemed to be a court
judgment except for enforcement purposes. After two months from the
filing of any such lien which remains unpaid, the city may foreclose or
othenruise execute upon the lien.
The procedures for appeal of the notice of violation by administrative
hearing shall be as set forth in sections 30-72 and 30-73.
SECTION 2. REPEALER.
That all ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
(3)
(4)
(5)
(6)
(7)
(8)
10
375
SECTION 4.coDrFrcATtoN.
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 _ day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+it<e+n+eugh denotes deletio ns
Dsubie-unclerlme denotes additions after First Reading
@ denotes deletions after First Reading
(Sponsored by Commissioners Jonah Wolfson and Michael Grieco)
2015
APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\TURN\ORDINANC\Segway - Motorized Means Regulations V. Rental Businesses 'l-21-1S.docx
11
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376
Exhibit A
Collins Park
South Pointe Park
Path: M:\$CMB\GlS\Projects\14_SegwayProhibitedAreas\ArcMap\Segway (revised).mxd377
Exhibit B
Alternative Proposed bv Mr. Stolar
Sec. 70-71. Enforcement; penalties.
(a) A violation of the provisions of this Division 2 i
in
ing--€ny
(b) A vielatien ef the previsiens in seetiens 70 69(d) (e) and 70 70 shall be enforced
by a code compliance officer (which, as defined in Sec. 70-66, includes a police
officer) in accordance with the following procedures and penalties:
378
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380
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modifying and clarifying allowable additions
to non-conforminq buildinqs
AGETTTDA rrem Bs-B
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 550/o of
businesses rate the effort put forth bv the Citv to is "about the rioht amount."
Item S ummary/Recommendation :
SECOND READING - PUBLIC HEARING
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.
On January 14,2015, the City Commission approved the subject Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
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 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 long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\201S\February\Non Conforming Bldgs - Balconies - SUM Second Read.docx
MIAMIBEACH o^rc 2.ll-l{381
MIAMIBEACH
City of Aliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSTON OF THE CITY
OF MIAM! BEACH, FLORIDA, AMENDING THE GODE OF THE CITY OFMIAMI BEACH, FLORIDA BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROCEDURES", ARTICLE IX, ENTITLED..NONCONFORMANCES," BY AMENDING SECTTON 118.395, ENTITLED.,REPAIR AND/OR REHABILITATION OF NONCONFORMING BUTLDINGS
AND USES," BY MODIFYING AND GLARIFYING ALLOWABLE ADDTTIONS
TO NON-CONFORMING BUILDINGS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; APPLICABILTTY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On Octobet 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
district in which they are located. Therefore, balconies that require structural columns
Mayor Philip Levine and Members of City C
Jimmy L. Morales, City Manager
February 11,2015
Nonconforming Buildings -
READING - PUBLIC HEARING
382
Commission Memorandum
Ordinance Amendment - Nonconforming Buildings - Balconies
February 11,2015 Paqe 2 ol 2
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.
SUMMARY
On January 14,2015, the subject Ordinance was approved at First Reading. The only
change requested was to clarify that the subject balcony addition is for'non-conforming'
buildings. This change is included in the Ordinance text.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDAVO1S\February\Non Conforming Bldgs - Balconies - MEM Second Read.docx
383
NON CONFORMING BUILDINGS - BALCONIES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THECIry OF MIAMI BEACH, FLORIDA BY AMENDING CHAPTER 118,..ADMINISTRATIVE AND REVIEW PROGEDURES", ARTICLE IX,
ENTITLED "NONCONFORMANCES," BY AMENDING SECTTON 118-395, ENTITLED "REPAIR AND/OR REHABILITATTON OF
NONCONFORMING BUILDINGS AND USES," BY MODIFYING AND
CLARIFYING ALLOWABLE ADDITIONS TO NON.CONFORMING
BUILDINGS; PROVIDING FOR CODTFTCATION; REpEALER;
SEVERABILITY; APPLICABILITY; AND AN EFFECTIVE DATE.
WHEREAS, chapter 118, of Article lX; at section 118-39s, 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 118-395 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 CIry
COMMISSION OF THE GITY 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.
Nonconformrng 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
384
(b)No nconform i ng b u ild in g s.
(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 and/or 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 Qeode.
e. Anv new construction shall comply with the existino eurrent
development requlations in the zoning district in which the
propertv is located, provided however.
batconies.
baleenie+ including proiectino balconies and balconies
supported by columns. not to exceed a depth of 30 feet from an
existino buildino wall. and-mav be permitted_as_a_ieight
exceotion. fne aOO
ine{+ldinq-up to the heioht of the hiqhest habitable floor for a
buildinq non-conformino in heioht. provided such balconies
meet applicable FAR and setback reoulations*= Any_addition_of
a balconv in a nonco subiect to the
review and approval of the desiqn review board or historic
preservation board. as mav be aoplicable.
Nonconforming buildings which are repaired or rehabilitated by more
than fiftv (50) percent of the value of the building as determined by the
building official, 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 additien construction shall
meet all requirements of the City property maintenance
standards, the applicable Florida Building Code and the Fire
Safety Code.
a.
b.
c.
d.
(2)
2of3
385
c. The entire building and any new additien 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 14,2015
Second Reading: February 11,2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
(Sponsor Commissioner Joy Malakoff)
T:\AGENDA\2O'1S\February\Non Conforming Bldgs - Balconies - ORD Second Read.docx
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386
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388
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,
ilitv. and an effective date
Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations (From Non-
Vehicular to Vehicular and lncludinq P
Supporting Data (Surveys, Environmental 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
residents identified to Make Miami Beach better to live. work or
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, the 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). On January 14,
2015, the Mayor and City Commission held the First Reading and Public Hearing of this proposed
Ordinance and approved Alternative 2 - Threshold Value of $250,000. 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 of $250,000, have an approved
Construction Management Plan (CMP) in order to obtain a building and/or grading and shoring permit.
Furthermore, the City Attorney's Office and Administration, including representatives from the City
Manager's Office, Building Department, Code Compliance, Planning Department, and Parking Department,
met with the Construction lndustry on January 7,2015, and a second industry meeting is scheduled for
January 27, 2015. The results of which will be reported at the second public hearing. Additionally,
provisions for enhanced accountability from the related developer and/or development order, if applicable,
has been included in the proposed ordinance. The Administration recommends that the Gity
Commission the Ordinance at Second and final
On January 5,2015, the Transportation, Parking & Bicycle-Pedestrian Facilities Commlttee endorsed a
recommendation to amend the City Code and require a Construction Parking and Traffic Management
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary: Alternative Two - Threshold Value of $250,000+: This analysis is based
on 883 (50% of 1,766) annual building permits with related CMPs. Revenues generated by this program are
estimated to be 9127,000 in permit fees and $205,000 in fine revenues, for total annual revenues of
$332,000 and $1,660,000 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 vears.
Clerk's Office
142015.sum.docx
AGENDA rrem RSC
D,JE 2-ll-lf(s AAIAMIBEACH 389
b:MIAMIBEACH
City of Miomi Beoch, 1Z0O Convention Center Drive, Miomi Beoch, Florido 33.139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
To: Mayor Philip Levine and the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015 OND AND FINAL PUBLIC HEARING
SUBIECT: AN ORDINANCE OF THE MAYO
MIAMI BEACH, FLORIDA,
AND CITY COMMISSION OF THE CITY OF
NG SUBPART A GENERAL
oRDINANCES, CHAPTER 106 ,,TRAFF|C AND VEHICLES", AT ARTICLE il
ENTITLED "METERED PARKING; CREATING DIVISION 3 ENTITLED "-
GONSTRUCTION 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 BUILDING AND
PARKTNG DEPARTMENT(S) pRtOR TO OBTAINING A BU|LDING OR
GRADING AND SHORING PERMIT FOR ALL PROJECTS OVER A $25O,OOO
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. [Sponsored by Commissioner Michae! Grieco]
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve the attached Ordinance
at Second and final public hearing.
First Reading - January 14,2015
On January 14,2015, the Mayor and City Commission held the first reading of this proposed
ordinance and approved Alternatiye 2- Threshold Value of $250,000.
The City Attorney's Office and Administration, including representatives from the City
Manager's Office, Building Department, Code Compliance, Planning Department, and
Parking Department, met with the Construction lndustry on January 7,2015 and a second
industry meeting is scheduled for January 27 ,2015. The results of which will be reported at
the second public hearing.
Additionally, provisions for enhanced accountability from the related developer and/or
development order, if applicable, has been included in the proposed ordinance.
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, vehiculartraffic
congestion on commercialand residentialstreets, impedes the movement of traffic,
390
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 2 of 7
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".
On December 10, 2014, the Land Use and Development Committee 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.
ANALYSIS
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 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 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 (GMP)
ln orderto maintain a Building Permit andior 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;. Reduce construction noise impacts to the greatest extent technically and
economically feasible; and. 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.. Construction Employee Vehicle (CEV) means a motor vehicle operated in or parked
by an employee, or subcontractor of a construction contractor for extended periods
391
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 3 of 7
of the day, which result in an impact on the community as identified below as a
CEVPI.. Construction Employee Vehicle Parking lmpact (CEVPI) means:
and for extended periods of the day factually occupied Monday
through Saturday, of any month by construction employee, contractor
or subcontractor vehicles; and
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.
o Residential 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 residential areas. 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 GMP:
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
392
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 4 of 7
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 priorto
start of work, to review CMP implementation.
2. The Construction Site Parking and Staging Plan shall provide the following
specific information:
a. All construction related parking (whetherfor 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 approval of 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 part 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:
1. 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.
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February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 5 of 7
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
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 duty 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 otherurise
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,
394
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 6 of 7
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.
Gonstruction Value Thresholds:
The chart below illustrates the volume of building permits at varying construction value
thresholds issued in FY 2013114. 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)
1011 12013 to 09/30/201 4
Month $100.000 $2s0,000 $500.000 s750.000 s1.000.000
Oct-13
Nov-13
Dec-13
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-'t4
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 835 392 236 178 125
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 g1 ,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
395
February 11, 2015 City Commission Memorandum
Construction Parking Plan Amendments to the City Code - Second Reading
Page 7 of 7
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 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, fortotal annual revenues of $159,000 and $795,000 overfive
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 years.
CONCLUSION
ln conclusion, the Administration recommends that the City Commission approve the
attached Ordinance at Second Reading, approve an amendment to Chapter 106, "Traffic
and Vehicles" at Article Il, 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
public hearing.
JLM/KGB/SF
T:\AGENDA\2015\January142015\ConstructionParkingPlanFirstReadingJanl420l5.cme.doc
396
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SUBPART A. GENERAL ORDINANCES, GHAPTER
106 "TRAFFIC AND VEHICLES", AT ARTICLE !, DIVISION 1 ENTITLED,,GENERALLY", TO CLARIFY THAT A PARKING ENFORCEMENT SPECIALIST 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 106-115 THROUGH 106-130; PROVIDING FOR LEGISLATIVE INTENT;
DEFINITIONS; CREATING A REQUIREMENT THAT ALL CONTRACTORS PROVIDE
TRAFFIG 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.
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 offenses 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 MIAMIBEACH, FLORIDA:
397
SECTION 1. Chapter 106, "Traffic and Vehicles," Article l, at Division 1 entitled "Generally," is hereby
amended; and Article ll entitled, "Metered Parking," is amended to create Division 3, entitled
"Construction Parking And Traffic Management Plan" as follows:
CHAPTER 106 TRAFFIC AND VEHICLES
o*rora,
DIVISION I. GENERALLY
Sec. 106-53. - 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 106-48.
( ) 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. CONSTRUCTION PARKING AN; TR;FFI; MANAGEMENT PLAN
Sec. 106-116. Declaration of necessitv and purpose.
It is herebv found and declared that:
(a) There exists in areas of the Citv, heaw concentration of construction activity and related
construction employee vehicles that park for extended periods usurpino parkinq availabilitv all
day: conqreqatinq at various points, and committinq offenses aqainst the peace and diqnitv of
the Citv and the residents thereof.
(b) The presence of these vehicles cause vehicular traffic 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.
398
(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
assist the City in preservino the residents' qualitv of life: ensure the hioh qualitv of our
residential and commercial neiohborhoods, would preserve property values: and oreserve the
safety of children and of all pedestrians in the City.
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 clearly indicates a different meaninq:
Commerclal area means a contiquous or nearlv contiquous area containino public streets or parts thereof
primarilv abutted bv commercial. or retail propertv. Commercial area shall contain at least half a city block
bordered bv three public streets, and. if there is an allevwav. also by the alleyway.
Consfrucflon Emplovee Vehicle (CEV) means a motor vehicle operated in or parked by an emplovee. or
subcontractor of a construction contractor for e(ended 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 whereby:
a. Municipal (on and otf-street) parkinq spaces are limited in quantities and for extended
oeriods of the day factuallv occupied Monday throuqh Saturday, of any month bv
construction emplovee, contractor or subcontractor vehicles: and
b. CEVs park on municipal on and off-street parkinq spaces. intended for commercial or
residential uses: or
(2) A condition whereby any 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.
Resrdenfia/ areas means a contiguous or nearlv contiquous area containino public streets or parts thereof
primarilv abutted bv residential property or residential and nonbusiness propertv 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 alleywav, also bv the alleyway.
Sec. 106-118. Creation of Gonstruction Manaqement PIan (GMP).
(1) ln order to obtain-or maintain a Buildinq and/or Gradinq and Shorinq Permit for all projects with a
value in excess of $250J00J0, 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 Shorinq 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 parkino within the proiect site, whenever possible:
c. Document where the parkinq areas will be provided for the emplovees. subcontractors,
and contractors. if not on site: and
399
d. The contractor. owner of the propertv, and tenant are required to sion, under oath, the
proposed CMP, confirminq their understandinq of the plan, and the penalties associated with non-
compliance.
(Zt Oevelooment oru
ths llsion_L
Sec. 106-119. Requirements of CMP.
(1) The CMP shallcontain the followinq required elements to address the CEVPI:
a. A copv of the buildino permit application/processinq number, that is not expired. with the
Buildinq Department.
b. A svstem to minimize the effect of CEV oarkinq in commercial and residential neiqhborhoods.c. Document the number of workers. identifu by description and vehicle license plate number all
vehicles that will be present on the site durinq various phases of construction: and indicate
whether sutficient privatelv ownedioperated off-street parkinq 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
Citv staff after permit issuance. but prior to start of work. to review CMP implementation.
(2) The Construction Site Parkino and Staoinq Plan shall provide the followinq specific information:
a. All construction related parkinq (whether for emplovees. contractors, subcontractors,
suopliers, 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 right-of-way, or parkino
metered locations mav be oermitted, upon approval of the Parkinq Director, to be used for
loadinq, deliveries. and supplies. However, this temporarv authorization shall not be
considered a proper oarkinq area for emplovees, subcontractors or contractors under the
CMP.b. Delineate the details as to the number of proposed vehicles: type of vehicles accessinq the
construction site, identify the vehicles bv vear, make, model, and Florida license plate
number.c. ldentify where all on-site parkinq 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 parkinq is required to accommodate emplovee, subcontractor or contractor parkinq
needs. identifv the off-site location to be used and how the emplovees, 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 anv fencinq around the construction site and all access points. A site plan mav be
requiredo. ldentify material staqinq area(s).h. Provide any other notes necessarv to clarifv the CMP, as may be applicable.
Sec. 106-120. Review and approval.
The CMP shall be reviewed and require the approvalof the Parkinq Director.
Sec. 106-121. lssuance of permit.
1. A CMP permit shall be issued upon approval of the CMP and payment of fees.2. A CMP permit fee in the amount of $144.00, shall be assessed for each CMP and related buildino
permit.
3. Thereafter a buildinq or a qradino and shorinq permit may issue. Failure to obtain Parkino
Department authorization of a CMP permit shall preclude the issuance of buildinq permit.
400
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, vear, color, and license plate to the Parkinq
Department.
(2) CEVs shall prominently display a parkinq permit for the correspondinq parkinq facility(ies) related
to the buildinq permiUconstruction proiect identified in the underlyinq CMP. Such parkinq permit shall be
displaved so as to be clearlv visible to the Citv's enforcement personnel.
(3) CEVs found at any location other than those stipulated in the CMP shall be in violation of this
section
Sec. 106-123. Enforcement.
(1) A Citv Code lnspector may issue a citation for a violation of this Chapter. Enforcement shall be
throuqh Chaoter 30 of the Citv's Code. A City Code lnspectors means the Code Compliance Otficers,
parkinq department emplovees. a Parkinq Enforcement Specialist. or anv authorized aqent or employee
of the City 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 offense, 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 propertv owner/tenant.
(c) For a third offense, a $15.000.00 fine issued to both contractor and propertv owner/tenant.
(d) For each additional/subsequent offense a one day stop work order issued bv the Citv's
Buildinq Official.
(e) For purposes of this section, an offense shall be deemed to have occurred on the date that
the violation occurred.
(f) The failure of anv oerson to pay 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 soecial
master and fines mav be accessed accordinqly.
(g) A certified copy of an order imposinq a fine mav be recorded in the public records and
thereafter shall constitute a lien upon any real or personal oropertv owned by the violator and
it mav be enforced in the same manner as a court iudqment bv the sheriffs of this state,
includino levy aqainst the violator's personal oropertv, but shall not be deemed to be a court
iudqment except for enforcement purposes. After two months from the recordino of any 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.
Anv Contractor, subcontractor, property owner or tenant who has obtained a valid citation under section
106-123, and who has failed to pav the fine, and failed to cure the violation. shall have the Buildinq
Permit revoked. Failure to comply shall subiect such participant to enforcement procedures bv the City
and mav result in fines of up to an additional $500.00, per dav. and liens as provided by law.
Sec. 106-125. Use of Funds.
All fines collected and all CMP fees collected shall be first utilized to fund administrative expenditures of
the City in administerinq the proqram. includinq Parkinq Department review. Code Compliance
Enforcement and Buildino Department Review. Any remaininq funds shall be transferred to the Fee in
Lieu of Parkinq fund to assist the Citv in providino enhanced parkino facilities. Anv transfer of funds to
the Fee in Lieu of Parkinq fund shall be documented to reflect the fine source, and amount.
401
Sec. 106-125. Appeals.
Appeals of a citation shall be pursuant to Chapter 30, before the City's Special Master. The procedures
relatino to a Code Compliance citations under Chapter 30 shall control the appeal period, notice
requirements, and rules relatinq to same.
SECTION 2. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained
that the provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such
intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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 2015.
First Reading:
Second Reading:
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
L-r'19
Underscore denotes new language
Strikethrough denotes removed language
(Sponsored by Commissioner Michael Grieco)
402
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404
COMMISSION ITEM SUMMARY
Condensed Title:
Second 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
marinas, piers. docks, and boat
DA ITEI!{ N5 D
Enhance the Environmental Sustainability of the Community.
Supporting Data: 2o/o of residential respondents indicated trash and litter is an area that the City needs to
improve. ln the 20'l 4 Community Satisfaction Survey, residential respondent and business owner
4o/o and2%from2O12,
SECOND READING - PUBLIC HEAR]NG
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
wateruuays. 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 watenarays 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 watenauays. 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 wateruyays 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 watenrvays 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 to 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"
Advisorv Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
OBPI Total
Financial lmpact Summary:
Elizabeth Wheaton x61 2 1
(B nAIAnAIB.EACH omc 2-//-/,r405
g MIAMI BEACH
FROM: Jimmy L. Morales, City Man
DATE: February 11,2015
SUBJECT:AN ORDINANCE OF THE ]UTIAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLqRIDA, AMENDTNG CHAPTER 46 OF THE
CODE OF THE CITYOF I BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE I!I, ENTITLED "LITTER," BY AMENDING
DIVISION 1, ENTITLED "GENERALLY," BYAMENDING SECTION 46.
92 THEREOF, ENTITLED "LITTER; DEFINITIONS; PROHIBITIONS ON
LITTER; PENALTIES FOR LITTER AND COMMERCIAL HANDBILL
VIOLATIONS; COMM E RCIAL HAN DBILL REGU LATIONS, Fl N ES, AN D
REBUTTABLE PRESUMPTIONS; SEIZURE AND REMOVAL OF
LITTER BY THE GITY; ENFORCEMENT; APPEALS; LIENS,, TO
AMEND SUBSECTTON (A) TO DEFTNE 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 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 SERVICE
ARTICLES BY GITY 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 GLARIFYING 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 !N
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 5, ENTITLED..SIDEWALK CAFES," BY AMENDING SUBDIVISION I, ENTITLED..GENERALLY," BY AMENDING SECTION 82.366 THEREOF,
ENTITLED "DEFINITIONS," TO DEFINE THE TERMS
" POLYSTYREN E, " " EXPAN DED POLYSTYREN E," AN D,, EXPAN DED
POLYSTYRENE FOOD SERVICE ARTICLES"; AND PROVIDING FOR
City of Miqmi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and the City
SEC READING . PUBLIC HEARING
406
Polystyrene Ordinance Memo - Second Reading
February 1 1, 201 5
Page 2 of 3
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
ADMIN ISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve the Ordinance on Second
Reading.
BACKGROUND
Miami Beach is a barrier island with approximately 70 miles of shoreline along numerous canals and
watenr,rays, 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 watenruays 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 wateruuays. 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 waterways 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 prope(ies, 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 seruice 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.
407
Polystyrene Ordinance Memo - Second Reading
February 11,2015
Page 3 of 3
The proposed Ordinance also amends Chapter 82 of the City Code by amending Section 82-7 to
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 watenruays and enhance the City's environmental sustainability.
FIVE YEAR FISCAL 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 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
Vr*---.-
JMJ/MVF/ESW
T:\AGENDA\201S\February\Environmental\Polystyrene Ordinance (UPDATED) - MEM Second Reading.doc
408
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE
GODE OF THE CITY OF MIAM! BEACH, ENTITLED "ENVIRONMENT,"
BY AMENDING ARTICLE lll, ENTITLED ,,L!TTER," 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; ENFORGEMENT; APPEALS; LIENS,, TO
AMEND SUBSECTION (A) TO DEFTNE THE TERMS,,POLYSTYRENE"
AND "EXPANDED POLYSryRENE" AND TO AMEND SUBSEGTION
(c) To PROHTBTT ANY PERSON FROM CARRYING ANy EXPANDED
POLYSWRENE PRODUCT ONTO ANY CIry MARINA, PIER, DOCK,
OR BOAT RAMP; AMENDING GHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIC PROPERTY," BY
AMENDING ARTICLE I, ENTITLED "IN GENERAL," BY AMENDING
SEGTION 82-7 THEREOF, ENTITLED ..PROHIBITIONS REGARDING
SALE OR USE OF EXPANDED POLYSryRENE FOOD SERVICE
ARTICLES BY GITY CONTRACTORS AND SPECIAL EVENT
PERMITTEES," TO AMEND THE DEFINITION OF ..C!TY
GoNTRACTOR," DEFINE THE TERM "POLYSWRENE," AMEND THE
DEFINITION OF "C!ry FACILITY" TO INCLUDE GITY MARINAS,
PIERS, DOCKS, AND BOAT RAMPS, AMEND THE DEFINITIONS OF*CITY FACILITY'' AND "CITY PROPERW" TO INCLUDE PROPERTY
LEASED TO THE C!TY, AND CLARIFY THE EFFECTIVE DATE OF
SECTION 82-7; AMENDING CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH, ENTITLED "PUBLIG PROPERTY," BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.
wAY," BY AMENDING DIVISION 5, ENTITLED ,'SIDEWALK CAFES,"
BY AMENDING SUBDIVISION I, ENTITLED "GENERALLY," BY
AMENDING SEGTION 82.366 THEREOF, ENTITLED "DEFINITIONS,"TO DEFINE THE TERMS "POLYSTYRENE," "EXPANDED
POLYSryRENE," AND "EXPANDED POLYSWRENE FOOD SERVICE
ARTICLES,,; AND PROVIDING FOR REPEALER, SEVERABTLITY,
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
409
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-contentpaper 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 GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SEGTION 1. That Section 46-92 of Division 1 of Article lll of Chapter 46 of the Code of the
City Miami Beach is hereby amended as follows:
CHAPTER 46
ENVIRONMENT
ARTICLE lll. Litter
DIVISION 1. Generally
Sec. 46-92. Litter; definitions; prohibitions on titter; penatties for titter and commercial
handbill violations; commercial handbill regulations, fines, and rebuttabte
presumptions; seizure and removal of litter by the city; enforcement;
appeals; !iens.
(a) Definitions. The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(5) Litter means any paper, handbill, commerciar handbiil, garbage, botle
caps, chewing gum, tobacco products, including, but not limited to, used
410
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.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at
least 80 percent stvrene or para-methvlstvrene bv weiqht.
Expanded polvsfvrene means blown polvstvrene and expanded and
extruded foams that are thermoplastic petrochemical materials utilizinq 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).
(c) Prohibitions on beaches, maritas-pjers, docks. boat ra 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 ma
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"nred polystyrene food service
articles by city contractors and special 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
(a
€)
411
(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, egmmercjal lessee, concessionaire
of the City, or operator of a City facility or property.
(2) Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least
80 percent stvrene or para-methvlstvrene bv weight.
0(3) 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).
(O (o Expanded polystyrene food service 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.
(6) (D 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, 2014ffihis-seetian or any special event permit issued prior to Agqust_.,L
2014 th€.€tre€tive-dE+e-€#-thi€-€e€ti€'r+ shall not be subject to the requirements of this
section, unless the City contractor or special event permittee voluntarily agrees thereto.
(c)
(d)
4
412
SECIION 3. That Section 82-366 of Subdivision I of Division 5 of Article tV of Chapter 82 ofthe Code of the City Miami Beach is hereby amended as follows and Section 82-38S(p) is
provided for reference purposes:
CHAPTER 82
PUBLIC PROPERry
ARTICLE lV. Uses in Public Rights-of-Way
DIVISION 5. Sidewalk Cafes
Subdivision l. Generally
Sec. 82-366. Definitions.
Code compliance officer means the code compliance officers, fire inspectors, or any
other authorized agent or employee of the city whose duty it is to assure code compliance.
Permittee means the recipient of a sidewalk caf6 permit under the terms and provisions
of this division.
Polvsfvrene means a thermoplastic polvmer or copolvmer comprised of at least BOpercent stvrene or para-methvlstvrene bv weiqht.
Subdivision !1. Permit
Sec.82-385. Minimum standards, "1,,".,", "nO *naitions for operation of sidewalk
cafes.
(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.
5
413
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 renumberedor 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 shalltake effect on the
PASSED AND ADOPTED this
ATTEST:
day of 2015.
day of 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
Dsuble-urulerline denotes additions after First Reading
S+ike+nrc+tgh den otes deleti ons
APPROVED AS TO
rONU & LANGUAGE
& FOR EXECUTION
0 0-F rtl-u\-)t-ffi Dote
NK
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416
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-
MIAMIBEACH
FROM: Raul Aguila, City Attorn "RJimmy Morales, City Maffiel
l_
Clty ol Mloml Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Levine and City Commission
DATE: February 11,2015
SUBJECT: Telecommunications Ordinance Second Reading
TITLE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C!ry OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, CHAPTER 104,,,TELECOMMUNICATIONS," ARTICLE l, ,'COMMUNICATTONS RIGHTS OF WAy,"
BY AMENDING AND PROVIDING DEFINITIONS; AMENDING THE REGISTRATION
PROCESS; AMENDING THE PERMIT APPLICATION PROCESS TO REQUIRE THE
ISSUANCE OF PERMITS; TO REQUIRE DESIGN AND APPROPRTATENESS
REVIEW AND APPROVAL BY THE DESIGN REVIEW BOARD AND HISTORIC
PRESERVATION BOARD; CREATING STANDARDS FOR COMMUNICATIONS
FACILITIES DESIGN, LOCATION AND COLLOCATION; ADDTNG STANDARDS
FOR SITE IMPROVEMENTS, USE OF AND RESTORATION OF SITES AND
RIGHTS.OF.WAY, INGLUDING DISTANCE SEPARATION BETWEEN
COMMUNICATIONS FACILIT!ES AND BETWEEN SUGH FACTLITTES AND
RESIDENTIAL USES AND CONTRIBUTING BUILDINGS IN HISTORIC DISTRIGTS;
TO PROVIDE FOR COMPENSATION TO THE CITY FOR THE USE OF PUBLIC
RIGHTS.OF.WAY FOR THESE PURPOSES; AND AMENDTNG SUGH OTHER
SECTIONS AS ARE APPROPRIATE TO PROTECT THE PUBLTC HEALTH,
SAFETY AND WELFARE; AND AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE C!ry CODE, CHAPTER 118, ARTICLE II, "BOARDS,"
DIVISIONS 3 AND 4, "DESIGN REVIEW BOARD" AND "HISTORIC
PRESERVATION BOARD," SECTIONS 118-71 AND 118.102, "POWERS AND
DUTIES," TO ADD REVIEW AND APPROVAL OF IMPROVEMENTS IN THE
RIGHTS.OF.WAY AS BEING WITHIN THE JURISDICTION OF THE DESTGN
REVIEW BOARD AND HISTORIC PRESERVATION BOARD RESPEGTTVELY; AND
CHAPTER 118, ARTICLE VI, "DESIGN REVIEW PROCEDURES," SECTION 118.251, "DESIGN REVIEW GRITERIA," AND ARTICLE X, ,,HISTORIC
PRESERVATION," DIVISION 3, "ISSUANCE OF CERTIFTCATE OF
APPROPRIATE N ESS/CERTI FICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," SEGTION 118.564, "DECISIONS ON
CERTIFICATES OF APPROPRIATENESS," ADDING CRITERIA FOR SUCH
REVIEW FOR TELECOMMUNICATIONS EQUIPMENT AND FAGILITIES;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY AND AN
EFFECTIVE DATE.
Agenda ltem RSE
Date 2-ll4{417
City Commission Memorandum
Telecommunications Ordinance - Second Reading
February 11,2015
RECOMMENDATION:
The City Commission should review the ordinance and if accepted, approve the ordinance on
first reading and set a second reading public hearing for adoption.
BACKGROUND:
On January 15, 2014, the City Commission directed the drafting of an ordinance to address the
issues raised by the Crown Castle applications. This referral provided an opportunity for
members of the City Commission to review the draft ordinance and provide policy guidance to
the City Attorney's Office and Administration. The ordinance was originally discussed by the
Committee on its March 19, 2014 agenda, continued to the April 9, 2014 meeting, and was
further continued to the May 7,2014 meeting.
At the May 7, 2014 meeting the Land Use and Development Committee adopted a motion to
refer this Ordinance to the Planning Board, and to bring the Ordinance back for further
discussion to the Committee on June 12, 2014 following review by the Planning and Public
Works Departments. On May 21, 2014 the City Commission adopted a motion to schedule the
Ordinance for review by the Planning Board at its July 22, 2014 meeting. On July 22, the
Planning Board reviewed the ordinance, adopted changes, and recommended it to the City
Commission for adoption. Zoning in progress for 150 days based on the Planning Board
recommendation expires on December 19, 2014.
On September 1 7, 2014 the City Commission adopted a resolution setting a six-month
moratorium on the acceptance of applications and the issuance of permits or approvals for
wireless personal telecommunications services towers ("Towers) in the public right-of-way to
give additional time to review the regulations applicable to Towers, due to the rapid changes in
Tower technology and concerns over the design and placement of the Towers within the City's
right-of-way. The changing technology may require or provide for an extensive proliferation of
street furniture within the City's rights-of-way. The City desires time to review the draft
ordinance in order to develop a mechanism that would minimize adverse impacts to the City's
public rights-of-way. The six-month moratorium was set to expire on March 16,2015. At first
reading of the Ordinance, which was held on December 17, 2014, the City Commission moved
to end the moratorium, which is reflected under Resolution
Prior to first reading on December 17th, the city vetted the draft ordinance:
The Land Use and Development Committee discussed the ordinance during the October 1,
2014 meeting. At that time the LUDC requested that a joint workshop of the City Commission
and Planning Board be held on October 28,2014. A Power Point presentation was presented
at that time. Commissioner Joy Malakoff attended the joint workshop. The workshop attendees
recommended a one-for-one replacement of street furniture with collocated equipment - having
a replacement light pole installed, with the telecommunications equipment internalized within the
pole; to limit the large telecommunications boxes from being placed in the ROW; for the City to
develop sample "light" pole designs for the various City districts; and to work with the State on
state roads to utilize a similar street furniture "swap."
Page 2 ot 7
418
City Commission Memorandum
Te leco m m u n icatio n s O rd i n a nce - Second R e ad i n g
February 11,2015
Prior to the enactment of the moratorium in September, Crown Castle filed applications with the
City to obtain permits for Distributed Antenna System (DAS) nodes, a type of wireless personal
telecommunications services tower, at twenty-five locations throughout the City, in public rights-
of-way. To date, the Design Review Board has approved five applications, with one pending on
appeal to the City Commission. Twenty applications were filed for Certificates of
Appropriateness from the Historic Preservation Board. Upon lifting of the moratorium, the City
understands that Crown Castle may submit additional applications for DAS node approval in
other locations around the City. This DAS system is intended to supplement existing wireless
communications networks in the City by strengthening the signal between existing antenna
towers providing cellular and digital communications signals to the modern digital network of
smartphones, tablets and computers.
Due to the action on December 17,2014, to liftthe moratorium, the City is now processing the
remaining applications of Crown Castle. Several will be scheduled for hearing before the
Historic Preservation Board, under the guidelines of the ordinance as approved at first reading.
At first reading, the attorney for Crown Castle orally affirmed to the City Commission that the
applications to be processed by the City would comply with the ordinance approved at first
reading.
Crown Castle is the successor in interest to Sprint and Nextel, which already have
telecommunications systems in the City, both at a fixed location, the City parking garage at
1550 Collins Avenue, and at45 other locations in the City's rights-of-way, which Crown Castle
acquired from Nextel. These former Nextel sites are still run by Nextel for use by the City, but
are now controlled by Crown Castle.
AT&T, a wireless personaltelecommunications service provider, has also recently contacted the
City to provide comments on the draft ordinance, requesting to modify some of the proposed
language. The revisions requested are encompassed in the ordinance for second reading.
FPL and FPL Fiber Net have also provided input into the draft ordinance, which input is also
reflected in the second and final reading of the ordinance.
During the December 17, 2014 first reading of the ordinance the Commission provided direction
to ensure that the code provides additional and stronger language relating to the removal of
obsolete or dated equipment or poles from the rights-of-way. This language was inserted into
the Ordinance. At Page 2, under the definition of "abandonment" the following sentence was
added: "lt mav also mean the discontinued use of obsolete technoloqy in favor of new
technologv, which would require the removal of the discontinued, abandoned.
technoloqv." Sections 104-6(c)(9) and (10) and 104-16 were also modified. These
proposed revisions were moved by Commissioner Malakoff and accepted by the
Commission.
APPLICABLE LAWS GUIDING DRAFTING OF ORDINANGE:
State law relating to telecommunications:
Page 3 of 7
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City Commission Memorandum
Telecomm unication s Ordinance - Second Readi ng
February 11,2015
Section 337.401, Florida Statutes provides: "Local governmental entities that have jurisdiction
and control of public roads are authorized to prescribe and enforce reasonable rules or
regulations as to the placement and maintenance (in, under, across or over) utility or
communications services lines."
Section 337.401(3Xa), Florida Statutes provides: "ln order to foster competition federal and
state law require municipalities to treat providers in a nondiscriminatorv and competitivelv
neutral manner in imposing rules or regulations governing placement or maintenance of utilities
in ROW." (emphasis added)
Section 337.401(3Xb), Florida Statutes provides: "Cities still retain their police power to
regulate and manage municipal rights-of-way. However, the rules as to communication services
"must be related to the placement and maintenance of facilities in the ROW, must be
reasonable and nondiscriminatorv, and may include only those matters necessary to manaqe
the ROW." (emphasis added)
The City may collect the state Communications Services tax under Section 202.20, Florida
Statutes. The City does collect this statutorily determined tax.
Federal laws relating to telecommunications:
47 USC Section 332(c)(7) - 1996 Federal Telecommunications Act- Creates Federal Shot
Clocks and FCC regulation of New Towers/Antennas/DAS
The Act provides that localzoning principles generally not affected, and allows a City to regulate
aesthetics. lt allows a City to control of number, height, safety issues, and concerns relating to
historic areas. The Act precludes unreasonable discrimination and precludes a city ordinance
from prohibit service (from creating a gap in service) by providers.
Health Risks cannot be considered:
The 1996 Federal Telecommunications Act provides that local governments are precluded from
regulating radio frequency (RF) emissions of a telecommunications facility - provided the facility
complies with FCC regulations. The FCC exempts telecommunications facilities from having to
demonstrate compliance with the standards if located 10 meters above ground level. The FCC
does not conduct measurements of RF radiation from conventional cellular antenna sites. The
FCC could reverse a zoning decision if there is any evidence showing concern over radiation as
the basis, in part, for the decision.
Shot Clocks
The FCC provides a City: (1) 90 days for revlew of a completed application for collocation; and
(2) 150 days for other completed applications. Failure to meet these "shot clock" deadlines
creates a legal presumption that the zoning agency "failed to act" under federal law and will give
an applicant the ability to bring legal action, in an expedited process, within 30 days of the
deadline having passed.
State law provides City 90 business days after receipt of a complete application to approve the
request, or it is "deemed approved." Section 365.172(d), Florida Statutes.
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City Commission Memorandum
Te leco m m u n ication s O rd i n a nce - Second Re ad i ng
February 11,2015
47 USC Section 1455(a) - alVa Section 6a09(a) of the Middle Class Tax Relief Act - Regutates
existing facilities and specifically provides:
"Notwithstanding [the Telecom Act], a local government [1] may not deny, and shall approve,
any [2] eligible facilities request for a modification of an [3] existing wireless tower or base
station that does not [4] substantially change the physical dimensions of such tower or base
station."
FGC Order 14-153 (10-17-20141
This FCC order provides "clarification" on the application of the FTA and the Middle Class Tax
Relief Act. The order streamlines rules on collocation - and provides "categorical exclusion"
from review for collocations. The order specifies that the same shot clocks for DAS technology
as for towers. lt provides more flexibility for DAS in Historic Districts. Further, Collocation
defined broadly to allow collocations on poles and in utility/communication ROWs.
DRAFT ORDINANGE:
Below is a synopsis of the material modifications proposed to the telecommunications
ordinance, including all revisions made during first reading of the Ordinance on December 17,
2014.
Section 104-2, provides the intent of the ordinance specifies that anyone seeking to place or
maintain communications facilities in the right-of way must comply with the ordinance.
Section 104-3, modifies the definitions and adds definitions for arterial roadway, collector
roadway, collocation, communications facility, communication facility providers, pass-through
providers, "repurposed structures", stealth design, and wireless service. The definition of a
"repurposed structure" is new to the draft ordinance, and it encompasses the vocalized intent of
the Land Use and Development Committee to allow a provider to conduct a one-to-one swap-
out of light poles so that the City does not experience any additional street furniture being
placed in the rights-of-way.
Section 104-4 requires registration for placing or maintaining communications facilities in public
rights-of-way, and requires an annual update of all equipment in the City's rights-of-way held by
a single provider.
Section 104-5 requires the provider to provide notice to the City of any transfer, sale or
assignment of assets in the City's rights-of-way.
Section 104-6 provides for the review of an application to place equipment in the right-of-way,
including collocation or repurposed structures requests. The ordinance requires specific
information as to the location and size of equipment to be installed; proof that collocation cannot
occur; and safeguards for the city as to aesthetics, safety, and efficient management of the
City's rights-of-way. The ordinance provides a 500 feet distance requirement between facilities,
unless collocation is to occur, or a specific service coverage need is documented. The provider
must comply with Americans with Disabilities Act and Florida Building Code. The provider must
document that the use could not first be placed on private property. Thereafter, once that
Page 5 of 7
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City Commission Memorandum
Telecommunications Ordinance - Second Reading
February 11,2015
criteria is met, then collocation or a repurposed structure is the preferred mechanism for utilizing
the right-of-way by a provider. The application would be heard either by the Design Review
Board or the Historic Preservation Board, depending on which board would have jurisdiction.
The provider's equipment (facility) would be required to be located either on an arterial or
collector road, and not directly fronting a residential property, and should be landscaped, if
possible. Stealth designs, like a repurposed structure, are recommended. Equipment boxes,
if needed may not exceed two feet wide, by feet deep, by three feet in height. ln short, this
section proposes the following:
o Review of sufficiency of space in ROW;. Ensures ADA and FBC Compliance;. Analyzes traffic and pedestrian safety;. Precludes placement of equipment in front of a residential building;o Requires placement of equipment on opposite site from residential structures;o Ensures residential view corridor is not impaired;o Ensures proper pedestrian pathways; ando Limits ground equipment or elevated equipment on the rights-of-way.
Many of the other sections of the Code relating to suspension of permits, appeals, involuntary
termination of registration, existing communication facilities in rights-of-way, insurance,
indemnification, construction bond, security fund, enforcement of remedies, abandonment of a
communications facility, force majeure, reservation of rights and remedies, establishment of the
rate of the communications services tax were not materially modified.
Section 104-20 was substantially modified and relates to pass-through providers and
communications facility provider fees and charges. lt provides for a $500 fee per pole, on
annual basis.
The revisions to section 118-71,118-251, 118-102, and 118-564 provide the powers to the
Design Review Board and the Historic Preservation Board to hear the applications identified in
Section 104-6.
Please note, both Crown Castle and AT&T have provided input in the drafting of this ordinance.
To meet the intent of the Planning Board/Commission during the October workshop, the
ordinance now reflects a definition for "repurposed structure." Not all requests for modifications
to the ordinance were included, but, those that appeared to enhance the ordinance were. For
example, rather than reiterating the same code provisions in the DRB and HPB sections of the
code, the Telecommunications Ordinance was simply referenced. ln that case, the new
language was stricken in order to prevent the same standard from being reiterated three times
in the Code.
Additionally, due to a request by FPL and FPL Fiber Net, the ordinance was clarified at second
reading, that the intent for a "repurposed" structure, was to allow for the repurposing of the
City's street furniture. Obviously, street furniture (poles) owned by FPL, or another entity, cannot
be repurposed without the consent of the owner of that pole. As such, the ability to repurpose
the City's street lights (street furniture) has been clarified.
Additionally, the draft ordinance proposes no more than a 40 foot height for street furniture,
Page 6 of 7
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City Commission Memorandum
Telecommunications Ordinance - Second Reading
February 11,2015
except for the light poles within Lincoln Road. Those poles measure at 60 feet in height. As
such, the repurposing of those poles, will be to the height as currently maintained by the City -
to 60 feet.
The City Commission specifically directed that there be language in the ordinance relating to
removal of the street furniture, upon the discontinuance of use of the telecommunications facility
or equipment. This provision can be found at section 104-14.
There are other edits to the draft ordinance that reflect both underlining and strike throughs. The
reason for this edit to show the evolution of the ordinance over the past year. These provisions
with both underling, and a complete strike through reflects the efforts to modify and enhance the
ordinance. lt includes the edits requested by the Planning Board, the Historic Preservation
Board, the Design Review Board, and the joint Planning/City Commission workshop.
Page 7 of 7
423
Teleconauururcenorus Rlcxrs or Wey ORolrueruce
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND G!ry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CIry GODE, GHAPTER 104,..TELECOMMUNICATIONS," ARTICLE !, "COMMUNICATIONS RIGHTS OF
WAY,,, BY AMENDING AND PROVIDING DEFINITIONS; AMENDTNG THE
REGlsrRATloN PROGESS; AMENDING THE pERMtr AppLrcATtoN
PROGESS To REQUIRE THE lssuANcE oF pERMtrS; To REeurRE
DESIGN AND APPROPRIATENESS REVTEW AND APPROVAL BY THE
DESIGN REVIEW BOARD AND HISTORTC PRESERVATION BOARD;
CREATING STANDARDS FOR COMMUNICATIONS FAGILITIES DESIGN,
LOCATION AND COLLOCATION; ADDTNG STANDARDS FOR S|TE
IMPROVEMENTS, USE OF AND RESTORATION OF SITES AND RIGHTS-OF.
WAY, INCLUDING DISTANCE SEPARATION BETWEEN COMMUNICATTONS
FACILITIES AND BETWEEN SUCH FACILITIES AND RESIDENTIAL USES
AND CONTRIBUTING BUILDINGS lN HlsroRtc DlsrRtcrs; To pRovtDE
FOR COMPENSATION TO THE CITY FOR THE USE OF PUBLIC RIGHTS.OF.
WAY FOR THESE PURPOSES; AND AMENDING SUCH OTHER SECTIONS
AS ARE APPROPRIATE TO PROTECT THE PUBLIC HEALTH, SAFETY AND
WELFARE; AND AMENDING THE LAND DEVELOPMENT REGULATIONS oF
THE ClTy CODE, CHAPTER 119, ARTTCLE !!, ,,BOARDS," DIVISIONS 3 AND
4, "DESIGN REVIEW BOARD" AND "HISTORIC PRESERVATTON BOARD,"
sEcTloNS 119-71AND { 1g-1O2,,,POWERS AND DUT|ES," TO ADD REVIEW
AND APPROVAL OF IMPROVEMENTS IN THE RIGHTS.OF.WAY AS BEING
WITHIN THE JURISDIGTION OF THE DESIGN REVIEW BOARD ANDHlsroRlc PRESERVATION BOARD RESPEGIVELY; AND cHAprER 118,
ARTICLE VI, "DESIGN REVIEW PROCEDURES," SECTION 118-251,
"DESIGN REVIEW CRITERIA," AND ARTICLE X, ,,HISTORIC
PRESERVATION," DIVISION 3, "ISSUANCE OF CERTIFICATE OF
APPROPRIATEN ESS/CERTI F!CATE TO DIG/CERTIFIGATE OF
APPROPRIATENESS FOR DEMOLITION," SECTION 118.564, "DECTSIONSON CERTIFICATES OF APPROPRIATENESS," ADDING CRITERIA FORSUCH REVIEW FOR TELECOMMUNICATTONS EQUIPMENT AND
FAGILITIES; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the provision of telecommunications services to residents of and visitors to
the City of Miami Beach ("City") is both an important amenity and often necessity of public and
private life in the City; and
WHEREAS, the demand for telecommunications services has grown exponentially in
recent years, requiring the continual upgrading of telecommunications equipment and services
to satisfy such demand; and
WHEREAS, the placement of telecommunications equipment and poles in the public
rights-of-way to satisfy the demand for telecommunications services raise important issues with
respect to the City's responsibility to manage its public rights-of-way; and
424
WHEREAS, the City has reviewed its ordinances and has concluded that they must be
updated in order to address the issues that new and expanded telecommunications equipment
and poles in the rights-of-way present; and
WHEREAS, adoption of the following amendments to Chapter 104 are necessary to
satisfy the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 104, "Telecommunications," Article l, "Communications Rights-
of-Way," is hereby amended as follows:
ARTICLE I. COMMUNICATIONS RIGHTS.OF.WAY
Sec. 104-f . Title.
This Article shall be known and may be cited as the "City of Miami Beach Communications
Rights-of-Way Ordinance."
Sec. 104-2. lntentand purpose.
It is the intent of the City to promote the public health, safety and general welfare by: providing
for the placement or maintenance of communications facilities in the public rights-of-way within
the City; adopting and administering reasonable rules and regulations not inconsistent with state
and federal law, including#.. but no!_limtled 'tg-Florida Statutes g 337.401, 47 USC $ 1455(a)
and Orders issued bv the FCC€O0OI-as thev i$may be amended from time to time, the City'shome-ruleauthority,andinaccordancewiththeprovisionsoftheffiiens
Communications Act of +996193+. as amended.and otherfederal and state law; establishing
reasonable rules and regulations necessary to manage the placement or maintenance of
communications facilities in the public rights-of-way by a{l-communications services providers,
communications facility providers and pass{hrough providers; and minimizing disruption to the
public rights-of-way. ln regulating its public rights-of-way, the City shall be governed by and
shall comply with all applicable federal and state laws.
Persons seekinq to place or maintain communications facilities on private propertv or propertv
oYvned, leased or controlled bv the Citv. includino riohts-of-wav shall complv with the provisions
of Subpart B, Land Development Requlations. of the Code of the Citv of Miami Beacll. Persons
seekino to place or maintain communications facilities in the public riqhts-of-wav also shall
complv with the provisions of this Chapter.
Sec. I 04-3. Definitions.
For purposes of this Article, the following terms, phrases, words and their derivations shall have
the meanings given. Where not inconsistent with the context, words used in the present tense
include the future tense, words in the plural number include the singular number, and words in
the singular number include the plural number. The words "shall" and "will" are mandatory, and
"may" is permissive. Words not othenruise defined shall be construed to mean the common and
ordinary meaning.
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Abandonment shall mean the permanent cessation of the use e+l--uses of a communications
facility; provided that this term shall not include cessation of all use of a facility within a physical
structure where the physical structure continues to be used. By way of example, and not
limitation, cessation of all use of a cable within a conduit, where the conduit continues to be
used, shall not be "abandonment" of a facility in public rights-of-way. lt mav also mean the
OiscontinueO use o
removat ot tne Oisco
Ca6le serviee shall mean the kansmissien ef videe; audie, er ether ^regramming serviee te
pu+ehaserq- and the purehaser interaetien; if any; required fer the seleetien er use ef any sueh
pregramminglserviee; regardless ef whether the pregramming is transmitted ever faeilities
ewned er eperated by the eable serviee previder er ever faeilities ewned er eperated by ene er
ierewave
musie
seR*i€es=
Arfenal roadway shall mean anv street or roadwav that constitutes the hiqhest deqree of
mobilitv at the hiohest speed. for lonq. uninterrupted travel, and constitutes the laroest
proportion of total travel as per the Federal Functional Classification Map maintained bv the
State of Florida Department of Transportation District Six Office. as amended.
C/y shall mean the City of Miami Beach, Florida.
Cemmsnieafiens faelrfy er faefl,ry er sysfem shall mean any permanent er temperary prant,equi ables; wiresi c€nduits; duets; fiber epties;
er te be plaeed er maintained in the publie rights ef way ef the City and used er eapable ef being
iee+
mobilitv and land access functions, linkinq maior land uses to each other or to the arterial
hiohwav svstem as per the Federal Functional Classification Map maintained bv the State of
Florida Department of Transportation District Six Office, as amended.
Col/ocafion shall mean the situation in which a communications services provider or a pass-
throuoh provider uses an existinq structure to locate a second or subsequent antenna. The term
includes the oround, platform, or roof installation of equipment enclosures. cabinets. or
buildinqs. and cables, brackets, and other equipment associated with the location and operation
of the antenna.
Communicafions facffiy shall mean a facilitv that mav be used to orovide communications
services, as per Florida Statutes $ 337.401, as amended. Multiple cables, conduits, strands. or
fibers located within the same conduit shall be considered one communications facilitv.
Communicafions facltfv provrder shall mean a person (other than a communications services
provider operatino one or more communications facilities located within the Citv) who is
enqaqed. directlv or indirectlv, in the business of leasino. licensinq. subleasinq, sublettinq or
hirinq to one or more communications service oroviders all or a portion of the tanqible personal
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Drooertv used in a communications facilitv, includino but not limited to. towers, poles. tower
sDace, antennas. transmitters. and transmission line. Provisions of this Article that applv onlv to
communications facilitv providers shall not applv to communications services providers even if
the communlcation services provider also operates. licenses, leases. subleases. or sublets
communications facilities.
Communications seryrces shall mean the transmission, conveyance, or routing of voice, data,
audio, video, or any other information or signals, includinq video services, to a point, or between
or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other
medium or method now in existence or hereafter devised, regardless of the protocol used for
such transmission or conveyance, Netwithstanding the feregeing, fer purpeses ef this Article
"eable serviee;" is net ineluded in the definitien ef "eemmunieatiens serviees," and eable serviee
previders-+ay be subjeet te ether erdinanees ef the City@ Article
"eemmunieatiens serviees" shall net inelude pa" telephenes, and nething eentained herein shall
e publie rights ef way, Sueh terrn alse@ Florida Statutes $ 202.11, as amended. The term includes such
transmission, convevance, or routinq in which computer processino applications are used to act
on the form. code, or protocol of the content for purposes of transmission, convevance. or
routinq without reoard to whether such service is referred to as voice-over-lnternet-protocol
services or is classified bv the Federal Communications Commission as enhanced or value-
added. The term does not include:
(a) lnformation services.(b) lnstallation or maintenance of wiring or equipment on a customer's premises.(c) The sale or rental of tangible personal property.
(d) The sale of advertising, including, but not limited to, directory advertising.(e) Bad check charges.(0 Late payment charges.(g) Billing and collection services.(h) lnternet access service, electronic mail service, electronic bulletin board service, or
similar on-line computer services.
iee
Communications serytbes provider shall mean aflyA person (other than a communications
fr.ilitu ororid"r" or. " omr{hroroh provider)_ineluding a mun ing
t+ng
a+t#r€ipa+t:ty-er€eunty"-as that
way but dees net previde eemmunieatiens serviees, term is used in Florida Statutes $ 337.401.
as amended.
Communications services fax shall mean the local communications services tax authorized tobeleviedandcollectedbycountiesandmunicipalities@,uponcharges
for communications services, pursuant to Florida Statutes S 202.20, as amended.
Exrsfino Sfrucfure shall mean a structure that exists at the time an application for permission toplace antennas on the structure is filed with the Citv. The term includes anv structure that can
structurallv support the attachment of antennas in compliance with applicable codes.
FCC shall mean the Federal Communications Commission.
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ln public rights-of-way or in the public rights-of-way shall mean in, on, over, under or across the
public rights-of-way.
Order. as used in the definition of "wireless provider". shall mean:
(a) The followinq orders and rules of the FCC issued in FCC Docket No. 94-102:(i) Order adopted on June 12. 1996, with an effective date of October 1.
1996, the amendments to s. 20.03 and the creation of s. 20.18 of Title 47 Code
of Federal Reoulations adopted bv the FCC pursuant to such order.(ii) Memorandum and Order No. FCC 97-402 adopted on December 23.
1 998.(iii) Order No. FCC DA 98-2323 adopted on November 13. 1998.(iv) Order No. FCC 98-345 adopted December 31. 1998.
(b) Orders and rules subsequentlv adopted bv the FCC relatino to the provision of
911 services, includinq Order Number FCC-05-116, adopted Mav 19.2005 and Order
Number FCC-2014-001 1, adopted November 4, 2014.
(c)
Pass-fhrouqh provrder shall include anv person (other than a communications services provider)
who places or maintains a communications facilitv in the roads or riqhts-of-wav of a municipalitv
or countv that levies a tax pursuant to Florida Statutes $ 202 and who does not remit taxes
imposed bv that municipalitv or countv pursuant to Chapter 202 as per Florida Statutes Q
337.401. as amended. A "pass-throuqh provide/' does not provide communications services to
retail customers in the Citv. Provisions of this Article that applv onlv to pass{hrouqh providers
shall not applv to communications services providers that provide the services identical or
similar to those provided bv pass-throuoh providers.
Permtt shall include, but not be limited to Miami Beach public rioht-of-wav permits board or staff
issued, desiqn review approval and board or staff issued certificates of appropriateness.
Person shall include any individual, €h+lCrenr firm, association, joint venture, partnership, estate,
trust, business trust, syndicate, fiduciary, corporation, organization or legal entity of any kind,
successor, assignee, transferee, personal representative, and all other groups or combinations,
and shall include the City to the extent the City acts as a communications services provider.
Place or maintain or placement or maintenance or placing or maintaimng shall mean to erect,
construct, install, maintain, place, repair, extend, expand, remove, occupy, locate or relocate. AperSonthatownsorexercisesphysicalcontroloVer
communications facilities in public rights-of-way, such as the physical control to maintain and
repair, is "placing or maintaining" the facilities. A person providing service only through resale or
only through use of a third party's unbundled network elements is not "placing or maintaining"
the communications facilities through which such service is provided. The transmission and
receipt of radio frequency signals through the airspace of the public rights-of-way does not
constitute "placing or maintaining" facilities in the public rights-of-way.
Publicrights-of-wayshallmeanapublicright-of-way,@highway,street,
bridge, tunnel or alley for which the City is the authority that has jurisdiction and control and may
lawfully grant access to pursuant to applicable law, and includes the surface, the air space over
the surface and the area below the surface. "Public rights-of-way" shall not include private
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property-or easements over p "Public rights-of-way" shall not include any real or
personal City property except as described above and shall not include City buildings, fixtures,
poles, conduits, facilities or other structures or improvements, regardless of whether they are
situated in the public rights-of-way.
Registrant shall mean a communications services provider, communications facility provider or
pass-through provider that has registered with the City in accordance with the provisions of
Section 104-4 this Article and holds an effective reqistration.
Registration or regisfer shall mean the process described in this Article whereby a
communications services provider, communications fu
provides certain information to the City.
Repurposed Sfrucfure shall mean an Existinq Structure owned bv the Citv that has been
renovated, reconfioured. or replaced with a similar structure so as to continue servino its
existino purpose while also supportinq the attachment of communication facilities or antennas
throuqh Stealth Desiqn that is approximatelv in the same location as the Existino Structure and
in such a manner that does not result in a net increase in the number of structures located
within the public riqht-of-wav. shall be installe
of-Wa to the exten and does not interfere with pedestrian or vehicular accesg is
Americans with Disabilities Act, Florida Buildinq Code, and Florida Depad
ltaintenance tor Str
Bv wav of illustration onlv. where a liqht pole existino within the public riqht of wavls removed
and is replaced with a new lisht pole that is substantiallv similar to the old lioht pole but now
suDDorts the attachment or inteqration of communication facilities. the new lioht pole shall be
cohsidered a "repurposed structure." Unless stated othenryise. all references to
"comffiunications facilities" or "wireless communications facilities" shall also applv to repurposed
Structures. To "repurpose an existinq structure" shall mean the act of renovatino, reconfiourinq,
or replacino an Existino Structure as described above. The provider that later removes a
reDurDosed structure shall reinstall a new lioht pole. or other applicable pole in the ROW, at the
direction of the Citv. Durino the life of the use of the repurposed structure the provider shall pav
all costs associated with the electricitv, liqht bulbs. maintenance. and replacement of the
repurposed structure.
Sfea/fh desrqn shall mean a method of camouflaoino anv tower. antenna or other
telecommunications facilitv, including, but not limited to. supportino electrical or mechanical
equiDment, which is desioned to enhance compatibilitv with adiacent land uses and be as
visuallv unobtrusive as possible. Stealth desion mav include a repurposed structure.
Iower shall mean anv structure desioned solelv or primarilv to support a communications
services provider's antennas.
Wi'7eless provrder shall mean a person who provides wireless service and is either (a) subiect to
the provisions of the order or (b) elects to provide wireless 911 service or Eg11 service in
Florida. A wireless provider is a tvpe of communications services provider.
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W7eless service shall mean "commercial mobile radio service" as provided under $$ 3(27) and
332(d) of the Federal Telecommunications Act of 1996, 47 U.S.C. SS 151 et seq., and the
Omnibus Budqet Reconciliation Act of 1993. Pub. L. No. 103-66. Auqust 10. 1993. 107 Stat.
312. as perFlorida Statutes S365.172, as amended. Theterm includes service provided bv anv
wireless real-time two-wav wire communication device, includino radio-telephone
communications used in cellular telephone service: personal communications service: or the
functional or competitive equivalent of a radio-telephone communications line used in cellular
telephone service. a personal communications service. or a network radio access line. The term
does not include communications services providers that offer mainlv dispatch service in a more
localized. non-cellular confiquration: providers offerinq onlv data. one-wav, or stored-voice
services on an interconnected basis: providers of air-to-oround services: or public coast
stations.
Sec. 104-4. Registration for placing or malntaining communications facilities in public
rights-of-way.
Reoistration application and all information require therein. shall be included in anv Desiqn
Review Board or Historic Preservation Board application, as required under sections 104-6.
118-251. orffi118-564. of the Citv's Land Development Requlations.
(a) A communications services provider, communications facility provider or pass-
through provider that desires to place or maintain a communications facility in public
rights-of-way in the City shall first register with the City in accordance with this Article.
This Chapter provides no riqht of access to the public riqhts-of-wav for (i) persons other
than communications service providers or (ii) businesses other than providinq
communications services. Other uses of the public riohts-of-wav reasonablv related to
the provision of communications services mav be allowed in the reasonable discretion of
the Citv. Subject to the terms and conditions prescribed in this Article, a registrant may
place or maintain a communications facility in public rights-of-way.
(b) A registration shall not convey any title, equitable or legal, to the registrant in the
public rights-of-way. Tanqible personal property placed in the public riqhts-of-wav
pursuant to this Article shall retain its character as tanoible personal propertv and shall
not be reqarded as real propertv, fixtures or mixed propertv. Registration under this
Article governs only the placement or maintenance of communications facilities in public
rights-of-way. Other ordinances, codes or regulations may apply to the placement or
maintenance in the public rights-of-way of facilities that are not communications facilities.
Registration does not excuse a eemmuni from
obtaining appropriate access or pole attachment agreements before locating its facilities
on the City's or another person's facilities. Registration does not excuse a
eemmunieatiens serviees previder reqistrant from complying with all applicable City
ordinances, codes or regulations, including this Article.
(c) Each communications services provider, communications facility provider or
pass-through provider that desires to place or maintain a communications facility,
includinq without limitation a collocation, in public rights-of-way in the City shall file a
single registration with the City which shall include the following information:
(1) Name of the applicant;
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430
(2) Name, address and telephone number of the applicant's primary contact
person in connection with the registration, and the person to contact in case of an
emergency;
n;(4O Evidence of the insurance coverage required under this Article and
acknowledgment that registrant has received and reviewed a copy of this Article,
which acknowledgment shall not be deemed an agreement; and
65) The number of the applicant's certificate of authorization or license to
provide communications services issued by the Florida Public Service
Commission or the Federal Communications Commission. An applicant
proposino to place or maintain a wireless communications facilitv operatino on
spectrum licensed bv the FCC shall supplv the file number of the FCC license
authorizino such wireless service.
(d) Registration application fees: no registration application fees shall be imposed for
registration under this Article.
(e) The City shall review the information submitted by the applicant. Such review
shall be by the City Manager or his or her designee. lf the applicant submits information
in accordance with subsection (c) above, the registration shall be effective and the City
shall notify the applicant of the effectiveness of registration in writing. lf the City
determines that the information has not been submitted in accordance with subsection
(c) above, the City shall notify the applicant of the non-effectiveness of registration, and
reasons for the non-effectiveness, in writing. The City shall so reply to an applicant
within 30 days after receipt of registration information from the applicant. Non-
effectiveness of registration shall not preclude an applicant from filing subsequent
applications for registration under the provisions of this section. An applicant has 30
days after receipt of a notice of non-effectiveness of registration to appeal the decision
as provided in section 104-8 hereof.
(0 A registrant may cancel a registration upon written notice to the City stating that it
will no longer place or maintain any communications facilities. includinq without limitation
collocations. in public rights-of-way within the City and will no longer need to obtain
permits to perform work in public rights-of-way. A registrant cannot cancel a registration
if the registrant continues to place or maintain any communications facilities in public
rights-of-way.
(g) Registration does not in and of itself establish a right to place or maintain or
priority for the placement or maintenance of a communications facility in public rights-of-
way within the City but shall establish for the registrant a right to apply for a permitjf
.Registrationsareexpresslysubjecttoanyfuture
amendment to or replacement of this Article and further subject to any additional City
ordinances, as well as any state or federal laws that may be enacted from time to time.
(h) Registrant shall renew its registration with the City, annually, by the anniversary
of the date of initial registration. Each renewal shall include an inventorv of the
communications facilities, poles. towers, underqround lines and equipment cabinets
reoistrant installed in public riqhts-of-wav in the Citv durino the last term of the
reoistration and an inventorv of the wireless communications facilities, poles. towers and
equipment cabinets reqistrant abandoned in the public riohts-of-wav in the Citv durino
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the last term of the reqistration. Within 30 days of any change in the informationrequiredtobesubmittedpursuanttosubsection(c)hereof,@
@aregistrantshallprovideupdatedinformationtotheCity-J{-ne
i@FailuretorenewaregistrationmayresultintheCityrestricting
the issuance of additional permits until the
reqistrant has complied with the registration requirements of this Article.
(i) ln accordance with applicable City ordinances, codes or regulations, a permit
mey+els required of a that desires to place
or maintain a communications facility, includinq, without limitation, a collocation. in public
rights-of-way. An effective registration shall be a condition precedent to obtaining
Historic Preservation or Desiqn Review Board approval or a riqht-of-Wav permit.
Notwithstanding an effective registration, all permitting requirements of the City shall
apply. A permit may be obtained by or on behalf of a registrant having an effective
registration if all permitting requirements are met.
Sec. 104-5. Notice of transfer, sale or assignment of assets in pubtic rights-of-way.lfef registrant its
assets located in public rights-of-way flq€iden+-exge! to a person holdinq a valid reqistration
issued pursuantto Section 104-4, hereof. Written notice of anv such proposed transfer, sale orassignment . alonq with assignee-shalt*e
with the requirements of this Article, Written netiee ef any sueh transfer, sale er assignment,shallbeprovidedbysuchregistranttothecitydaysafte+pdor.]q
the effective date of the transfer, sale or assignment. lf the transferee, buyer er assignee is a
ignree is net required te re register, lf the
sh€lH€gisieHs-Previded in ^^^+i^^ {n hereef within 60 days ef the transfer, sale er
assignmen+-lf permit applications are pending in the registrar+U€-name of the
transferor/assignor, the transfereer$uyer-er-lassignee shall notify the City Manager that the
transferee-buy6rr-6rslassignee is the new applicant. Violation of the requirements of this Section
104-5 will subiect the reoistrant to a fine of up to $500.00 for each dav the reoistrant fails to
comOlv: provided however, Citv does not claim the rioht to approve or denv reqistrants' asset
transfers or assiqnments to communications services providers operatino at least one
communications facilitv within the Citv, and the failure to complv with this section does not void
anv such asset transfer or assionment. The Citv reserves the rioht to exclude persons other
than communications services providers from its riqhts of wav. Transfers or assionments of a
communications facilitv to persons other than a communications services provider who will
oDerate at least one communications facilitv within the Citv require compliance with this section
to insure continued use of the public riqhts-of-wav.
Sec. 104-6. Placement or maintenance of a communications facitity in public rights-of-
way.
(a) A registrant shall at all times comply with and abide by all applicable provisions of
the state and federal law and City ordinances, codes and regulations in placing or
maintaining a communications facility in public rights-of-way, including, but not limited to,
Articles ll and lll of Chapter 98, and Article V of Chapter 1 10 of this Code.
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432
(b) Registrant shall not commence to place or maintain a communications facility.
includino without limitation a collocation, in public rights-of-way until all applicable
permits, if any, have been issued by the City or other appropriate authority--exeept;
provided. however, in the case of an emergency, a reqistrant mav restore its damaoed
facilities in the rioht-of-wav to their Dre-emeroencv condition or renlaee ife r{cefrnrrar{
fa.c.ilities,in the riqhts-of-wav with facilities of the same size. character and qualitv, all
without first applvino for or receivino a permit. The term "emergency" shall mean a
condition that affects the public's health, safety or welfare, which includes an unplanned
out-of-service condition of a pre-existing service. Registrant shall provide prompt noticetotheCityoftheplaeementrepairor@ofacommunications
facility in public rights-of-way in the event of an emergency, and shall be required to
obtain an afterthe-fact permit if a permit would have originally been required to perform
the work undertaken in the public rights-of-way in connection with the emergency.
Registrant acknowledges that as a condition of granting permits, the City may impose
reasonable rules or regulations governing the placement or maintenance of a
communications facility in public rights-of-way. Permits shall apply only to the areas of
public rights-of-way specifically identified in the permit. The City may issue a blanket
permit to cover certain activities, such as routine maintenance and repair activities, that
may otherwise require individual permits.
(c) As part of any permit application to place a new or replace an existing wireless
communications facility in public rights-of-way, includinq. without limitation, a collocation,
the registrant shall provide the following:
(1) The location of the proposed facilities, including a description of the
facilities to be installed, where the facilities are to be located, and the
approximate size of the facilities that will be located in public rights-of-way;
(2) With respect to proposals to locate a new tower or replace an existino
tower or wireless communication facilitv in the riqht-of-wav. enoineerinq
documentation demonstratinq either: (i) how the proposed tower or wireless
communications facilitv can accommodate multiple collocations: (ii) whv the
Citv's interest in safe. aesthetic, efficient and effective manaoement of the public
lights-of-wav is better served bv the proposed tower or wireless communications
facilitv than bv a communications facilitv that could accommodate multiple
collocations: or (iii) whv a repurposed structure is not better suited to or feasible
for the site:
(3) A description of the manner in which the facility will be installed (i.e.
anticipated construction methods or techniques);
(4) A maintenance of traffic plan for any disruption of the public rights-of-way;
Cqmmunication facl
acfnowteOoe tnat t
ellvsioundaries-
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(5) For purposes of assessinq impact on riqht of wav resources, effects on
neiqhborino properties and potential for collocations or repurposed structures,
information on the abilitv of the public riohts-of-wav to accommodate the
proposed facilitv, includino information that identifies all above-qround and below
qround structures (includinq liqht poles. power poles. equipment boxes and
antenna), currentlv existinq in the public riohts-of-wav in the Citv within a 500-
feet radius of the proposed facilitv, if available (such information mav be provided
without certification as to correctness, to the extent obtained from other
reqistrants with facilities in the public riqhts-of-wav): however, if the applicable
Board determines that it either: (1) better serves the Citv's interests in safe.
aesthetic. efficient and effective manaqement of the public riohts-of-wav, (2) is
necessary to address a documented lack of capacitv for one or more carriers: or
(3) will help minimize the total number of communication facilities necessarv to
serve a particular area, then the 500-foot distance requirement mav be modified.
The applicant shall provide competent substantial evidence to reflect that the
above conditions are met, in order to waive the 500 foot distance requirements,
and ensure compliance with all the other requirements of this Chapter;
(6) lf appropriate given the facility proposed, an estimate of the cost of
restoration to the public rights-of-way;
(7) The timetable for construction of the project or each phase thereof, and
the areas of the City which will be affected;
t8I Fer purpeses ef assessing impaet en right ef way reseurees' effeets ennei iat ter eetteea
in er autherized ien appties;
(e) Whether all or any portion of the proposed facilities will be rented, hired.
leased, sublet or licensed from or to anv third partv and, if so. the identitv. and
contact information of that third partv: and
(g) Prior to instal
inctuOing but not l
orovider or oass throuoh orovider shall be reouired to remove anv and all
obsolete. unutill
additional eouioment shall identifv the abandoned. obsolete or unutilized
eouioment that shall be removed orior to the installation of anv new or additional
technoloov or eouioment in the riohts-of-wav.
(10) lf there exists a telecommunication facilitv bv the same orovider or oass
throuoh orovider within the rioht-of-wav that is adiacent to or within 15 feet of the
proposed new tete im
orovider or oass throuoh orovider shall be reouired to remove and consolidate
the eouioment into one facilitv. so as to not create a second location for street
furniture within such a minimal distance.
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434
fl-Q Such additional information as the City finds reasonably necessary with
respect to the placement or maintenance of the communications facility that is
the subject of the permit application to review such permit application.
(d) To the extent not othenruise prohibited by state or federal law, the City shall have
the power to prohibit or limit the placement of new or additional communications facilities
within a particulat area of public rights-of-way- and mav consider, a
and without limitation. the sufficiencv of space to accommodate all of the present
communications facilities and pendinq applications prej
place and maintain facilities in that area of the public riqhts-of-wav. the sufficiencv of
sDace to accommodate Citv announced plans for public improvements or proiects that
the Citv determines are in the public interest, the impact on traffic and traffic safetv. and
the impact upon existinq facilities in the riqhts-of-wav. The Citv Manaoer or the
Manaqer's desiqnee mav impose additional reasonable reoulations and conditions to
ensure the public health. safetv and welfare, and peaceful eniovment of Citv residents
and businesses.
(e) All communications facilities shall be placed or maintained so as not to
unreasonably interfere with the use of the public rights-of-way by the public and with the
rights and convenience of property owners who adjoin any of the public rights-of-way.
The use of trenchless technology (i.e., directional bore method) for the installation of
facilities in the public rights-of-way as well as joint trenching or the co-location of facilities
in existing conduit is strongly encouraged, and should be employed wherever feasible.
To the extent not prohibited by federal and state law, the City shall require any
eemmunieatiens serviees previders "eqistrant that does not have communications
facilities in the City as of the date of adoption of this Article to place any new cables,
wires, fiber optics, splice boxes and similar communications facilities underground,
unless such communications facilities can be co-located on existing poles. The City
Manager may promulgate reasonable rules and regulations concerning the placement or
maintenance of a communications facility in public rights-of-way consistent with this
Article and other applicable law.
(0 All safety practices required by applicable law or accepted industry practices and
standards shall be used during the placement or maintenance of communications
facilities.
(g) After the completion of any placement or maintenance of a communications
facility in public rights-of-way or each phase thereof, a registrant shall, at its own
expense, restore the public rights-of-way to its original condition before such work. lf the
registrant fails to make such restoration within 30 days, or such longer period of time as
may be reasonably required under the circumstances, following the completion of such
placement or maintenance, the City may perform restoration and charge the costs of the
restoration against the registrant in accordance with FS_Florida Statutes S 337.402(200+* as it may be amended. For 12 months following the original completion of the
work, the registrant shall guarantee its restoration work and shall correct any restoration
work that does not satisfy the requirements of this Article at its own expense.
(h) Removal or relocation at the direction of the City of a registrant's communications
facility in public rights-of-way shall be governed by the provisions of FSElorida Stalutes
SS 337.403 and 337.404{200+* as they may be amended from time to time. SuOlect to
the aforementioned ' Florida Statutes SS 337.403 and 337.404 and other provisions of
12 of 40
435
law, whenever existing overhead utility distribution facilities are converted to
underground facilities pursuant to Article V of Chapter 110 of this Code, any
eemmunieatiens serviees previders reqistrant having communications facilities on poles
that are to be removed shall arrange for the conversion to underground facilities on the
same terms and conditions as the other utilities that are being converted to underground
facilities.
(i) A permit from the City constitutes authorization to undertake only certain
activities in public rights-of-way in accordance with this Article, and does not create a
property right or grant authority to impinge upon the rights of others who may have an
interest in the public rights-of-way.
0) A registrant shall maintain its communications facilities in public rights-of-way in a
manner consistent with accepted industry practice and applicable law.
(k) ln connection with excavation in the public rights-of-way, a registrant shall, where
applicable, comply with the underground facility damage prevention and safety act set
forth in F,S, Gh, Florida Statutes. Chapter 556,-(2000),-as it may be amended from time
to time.
(l) Registrant shall use and exercise due caution, care and skill in performing work
in the public rights-of-way and shall take all reasonable steps to safeguard work site
areas.
(m) Upon request of the City, and as notified by the City of the other work,
construction, installation or repairs referenced below, a registrant may be required to
coordinate placement or maintenance activities under a permit with any other work,
construction, installation or repairs that may be occurring or scheduled to occur within a
reasonable timeframe in the subject public rights-of-way, and registrant may be required
to reasonably alter its placement or maintenance schedule as necessary so as to
minimize disruptions and disturbance in the public rights-of-way.
(n) A registrant shall not place or maintain its communications facilities so as to
interfere with, displace, damage or destroy any facilities, including but not limited to,
sewers, gas or water mains, storm drains, pipes, cables or conduits of the City or any
other person's facilities lavtrfully occupying the public rights-of-way of the City.
(o) The City makes no warranties or representations regarding the fitness, suitability,
or availability of the City's public rights-of-way for the registrant's communications
facilities and any performance of work, costs incurred or services provided by registrant
shall be at registrant's sole risk. Nothing in this Article shall affect the City's authority to
add, vacate, modifv. abandon or otherwise dispose of public rights-of-way, and the City
makes no warranties or representations regarding the availability of any added, vacated,
modified or abandoned public rights-of-way for communications facilities.
(p) The City shall have the right to make such inspections of communications
facilities placed or maintained in public rights-of-way as it finds necessary to ensure
compliance with this Article.
(q) A permit application to place a new or replace an existing communications facilityin public rights-of-way shall include plans showing the location of the proposed
13 of40
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installation of facilities in the public rights-of-way. lf the plans so provided require
revision based upon actual installation, the registrant shall promptly provide revised
plans. The plans shall be in a hard copy format or an electronic format specified by the
City, provided such electronic format is maintained by the registrant. Such plans in a
format maintained by the registrant shall be provided at no cost to the City. Upon
completion of any communications facilities, the communications services provider shall
furnish to the City, at no cost to the City, one complete set of sealed "as built" plans, or
in the case of any underground communications facilities, a sealed survey showing the
exact location of such communications facilities, including their depth; or in either case,
such other documentation describing the location (including height or depth, as the case
may be), of communications facilities as the City Manager, or his or her designee, may
approve. This requirement shall be in addition to, and not in lieu of, any filings the
eemmunieatiens serviees previder reoistrant is required to make under the Underground
FacilityDamagePreventionandSafetyActsetforthin@Chapter
556-(200+* as amended from time to time. The fact that such plans or survey is on file
with the City shall in no way abrogate the duty of any person to comply with the
aforesaid Underground Facility Damage Prevention and Safety Act when performing
work in the public rights-of-way. Any proprietary confidential business information
obtained from a registrant in connection with a permit application or a permit shall be
held confidential by the City to the extent provided in F.S{ Florida Statutes L 202.195
ee00f* as amended from time to time.
(r) The City reserves the right to place and maintain, and permit to be placed or
maintained, sewer, gas, water, electric, storm drainage, communications, and other
types of facilities, cables or conduit, and to do, and to permit to be done, any
underground and overhead installation or improvement that may be deemed necessary
or proper by the City in public rights-of-way occupied by the registrant, and the City also
reserves the right to reserve any portion of the public rights-of-way for its own present or
future use. The City further reserves without limitation the right to alter, change, or cause
to be changed, the grading, installation, relocation, or width of the public rights-of-way
within the limits of the City and within said limits as same may from time to time be
altered.
(s) A registrant shall promptlv, at the request of any person holding a permit issued
by the City, temporarily raise or lower its communications facilities to permit the work
authorized by the permit. The expense of such temporary raising or lowering of facilities
shall be paid by the person requesting the same, and the registrant shall have the
authority to require such payment in advance. The registrant shall be given not less than
30 days advance written notice to arrange for such temporary relocation.
(t) The followino additional requirements applv when a reoistrant seeks authoritv to
locate a wireless communications facilitv in the public riqhts-of-wav:
(1) Reoistrants seekino to locate wireless communications facilities within the
Citv are encouraged to locate on private propertv or oovernment-owned propertv
outside of the riqhts-of-wav. An application for a permit to locate wireless
communications facilities within the riqhts-of-wav shall explain whv the applicant
is unable to locate the proposed facilities on private propertv or qovernment
owned propertv. The Citv mav not denv an application based solelv on the fact
that the applicant is proposinq to place a wireless telecommunications facilitv in
the riqhts-of-wav.
14 of 40
437
(2) Reqistrants seekinq to place, construct or modifv a wireless
communications facilitv in the rioht-of-wav shall either:
a. collocate wireless communications facilities with the wireless
communications facilities of other wireless providers, as set out in Florida
Statutes S 365.172, as amended. or
b. install their wireless communications facilities on existino
structures within the riqht-of-wav. includinq without limitation existinq
power poles. lioht poles and telephone poles or
c. repurpose an existinq structure. With respect to proposals to
locate a new tower or replace an existinq tower or wireless
communications facilitv in the riqht-of-wav, enoineerinq documentation
demonstratinq either: (i) how the proposed tower communications facilitv
can accommodate multiple collocations: (ii) whv the Citv's interest in safe.
aesthetic, efficient and effective manaoement of the public riqhts-of-wav
is better served bv the proposed tower or wireless communications facilitv
than bv a communications facilitv that could accommodate multiple
collocations: or (iii) whv ether a repurposed structure is not would be
better suited to or feasible for to the site.
Genstruot a netJv ant i€,r1s
facility te be leeat
ffi unabte te eetteo iens
faeility with the w
unaOte te eenstru*
(3) Reoistrants seekinq to construct wireless communications facilities within
the riqhts-of-wav shall locate their wireless communication facilities in the riohts-
of-wav of arterial or collector roadwavs, whenever possible. An application for a
Dermit to place wireless communication facilities in riohts-of-wav other than those
of arterial or collector roadwavs shall explain whv the applicant is unable to
locate the wireless communications facilities in the riohts-of-wav of an arterial or
collector roadwav and shall include an enqineerino analvsis from the applicant
demonstratino to the satisfaction of the Citv enqineer the need to locate the
wireless communication facilities in the areas proposed in the application.
(4) Whenever wireless communications facilities must be placed in a rioht-of-
wav with residential uses on one or both sides. neither towers. poles, equipment,
antennas or other structures shall be placed directlv in front of a residential
structure. lf a riqht- of-wav has residential structures on onlv one side. the
wireless communications facilities shall be located on the opposite side of the
rioht-of-wav. whenever possible. All wireless communications facilities shall be
located such that views from residential structures are not impaired. Newlv
installed poles and towers for wireless communications facilities should be
located in areas with existinq foliaqe or other aesthetic features in order to
obscure the view of the pole or tower. The requirements of this subparaoraph
shall not applv to repurposed structures, when there is a oneto-one repurposino
of an existino structure (ie: existino liqht pole).
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(5) Reqistrants are required to locate wireless communications facilities
within riohts-of-wav in a manner that minimizes their impact in the Citv, includinq
without limitation Miami Beach Historic Districts. Whenever a reoistrant applies
for a permit to locate a wireless communications facilitv in a rioht-of-wav within a
Miami Beach Historic District. a copv of the permit application shall be
simultaneouslv served on the Citv of Miami Beach Historic Preservation staff. All
other applications for permits to locate a wireless communications facilitv within
the Citv shall be simultaneouslv served on the Desiqn Review staff. Reqistrant
must obtain the approval of the Desiqn Review Board or the Historic Preservation
Board (dependino on the prooosed facilitv's location and each board's respective
iurisdiction) for the desiqn and location of the wireless communications facilitv. in
accordance with their respective desiqn review or appropriateness criteria. The
Citv reserves the riqht to condition the orant of anv permit to locate a wireless
communications facilitv within the rioht-of-wav upon the reqistrant takinq such
reasonable measures. consistent with the Citv authoritv's iurisdiction, as the Citv
mav determine are necessarv to mitiqate the impact of the wireless
communications facilitv on a Miami Beach Historic District-cr-othe+-+earbv
faellities-anC-+ses. lnstallation of a pole or tower under this Chapter shall not
interfere with a clear pedestrian path. at a minimum the width required bv the
Americans with Disabilities Act and Florida Buildinq Code.
(6) Stealth desiqn shall be utilized wherever possible in order to minimize the
visual impact of wireless communications facilities. Each application for a permit
to place a wireless communications facilitv in the riqht-of-wav shall include:
a. photographs clearlv showinq the nature and location of the site
where each wireless communications facilitv is proposed to be located,
b. photooraphs showino the location and condition of properties
adiacent to the site of each proposed wireless communications facilitv.
and
c. a description of the stealth desion techniques proposed to
minimize the visual impact of the wireless communications facilitv and
shall include qraphic depictions accuratelv representino the visual impact
of the wireless communications facilities when viewed from the street and
from adiacent properties.
facilities to be located on existino structures other than towers shall minimize the
need to locate anv qround equipment or elevated equipment (other than
antennas) on the exterior of the structure. The use of foliaqe and veoetation
around anv approved qround equipment mav be required bv the Citv based on
conditions of the specific area where the oround equipment is to be located and
in accordance with Subpart B, Land Development Requlations. Chapter 126.
Landscapinq.
(7) Stealth desiqn of communications facilities to be located on new towers or
wireless communications facilities in the riqhts-of-wav shall eliminate the need to
locate anv qround or elevated equipment (other than antennas) on the exterior of
a tower or wireless communications facilitv. Stealth desiqn of communications
16 of 40
439
(8) Stealth desiqn of communications facilities to be located on structures in the
riOhts-of-wav shall (a) top mount antennas within enclosures that do not extend
the diameter of the supportinq structure at the level of antenna attachment and
(b) shall side mount antennas within enclosures that do not extend more than two
feet bevond the exterior dimensions of the supportino structure at the level of
antenna attachment. Under no circumstances shall antennas be mounted less
than eioht feet above oround level. For purposes of calculatinq (a) and (b).
above, the dimensions of the supportinq structure do not include anv platform.
rack. mount or other hardware used to attach an antenna or antenna enclosure
to the supportinq structure.
(9) The followinq additional requirements shall applv to wireless
communications facilities located in the riohts-of-wav:
a. Each application to locate equipment at oround level on or
adiacent to the exterior of a pole or tower and each proposal to locate
elevated equipment (other than antennas) on or adiacent to the exterior of
a tower or pole shall include enqineerinq documentation demonstratino to
the satisfaction of the Citv enoineer that the facilitv cannot emplov stealth
desiqn and that the prooosed exterior location and confiouration of
eOuipment proposes the minimum equipment necessary to achieve
needed function. ln order to avoid the clusterinq of multiple items of
aooroved Oround equipment or elevated equipment in a sinqle area. onlv
one equipment box mav be located in anv sinqle location.
b. Where a reqistrant demonstrates that stealth desion cannot be
emploved, the individual approved exterior equipment boxes shall not
exceed 12 cubic feet in volume
three (3) feet high in size.
c. Wireless communications facilities in the riqhts-of-wav must be
sDaced a minimum of 500 linear feet of rlqht-of-wav apart from each other
exceDt that no distance requirement shall applv to repurposed structures.
This subsection mav be waived upon a factual showinq, supported bv
sworn testimonv or matters subiect to official notice. demonstratinq to the
satisfaction of the Citv, as determined bv the Desion Review Board or
Historic Preservation Board, dependino upon which has iurisdiction. that
locatino a specific wireless communications facilitv less than 500 feet
from other wireless communications facilities either: (1) better serves the
Citv's interests in safe. aesthetic, efficient and effective manaoement of
the public riqhts-of-wav than application of the 500 feet limitation: (2) is
nec€ssarv to address a documented lack of coveraoe or capacitv for one
or more carriers. or (3) will help minimize the total number of wireless
communication facilities necessarv to serve a particular area. See
Section 104-6(cX5).
d. The size and heiqht of new wireless communications facilitv
towers and poles in the riohts-of-wav shall be no qreater than the
maximum size and heioht of anv other utilitv or liqht poles located in the
same portion of the riqht-of-wav within the Citv: provided however that
reqistrants proposinq wireless communications facilities with antennas to
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be located on existino poles or repurposed structures mav increase the
heiqht of the existino pole or repurposed structure up to 6 (six) feet, if
necessarv, to avoid adverselv affectinq existino pole attachments: and
provided further that the overall heioht above qround of anv wireless
communications facilitv shall not exceed fortv (40) feet or_exeeealthe
existing heioht of , which
ever neight is greatff. Any repuroosed stru
snalt not exceeO OO
tne center of tne oe
e. Wireless communications facilities installed on poles or towers
that are not liqht poles. and repurposed structures that were not orioinallv
lioht poles, shall not be lit unless liqhtinq is required to complv with FAA
requirements.
f. Reoistrants shall not place advertisinq on wireless
communications facilities installed in the riohts-of-wav. provided.
however, that repurposed structures that lawfullv supported advertisino
before beino repurposed mav continue to support advertisino as
otherwise permitted bv law.
(10) The Citv's action on proposals to place. construct or modifv wireless
communications facilities shall be subiect to the standards and time frames set
out in Florida Statutes $ 365.172,47 USC S 1455(a). and Orders issued bv the
FCC, as thev mav be amended.
(u) The oblioations imposed bv the requirements of subsections 104-6(tX1) throush
104-6(tX9). above. upon reoistrants proposinq to place or maintain wireless
communications facilities in the public riqhts-of-wav shall also applv to reqistrants
oroOosino to place or maintain anv other tvpe of communications facilitv in public-riqhts-
of-wavs. if that other tvpe of communications facilitv involves placement of overthe-air
radio transmission or reception equipment in the public-rights-of-wav.
(v) Prior to the issuance of anv permit pertaininq to the placement and maintenance
of communications facilities within the public riohts-of-wav, the Citv mav require the
reoistrant to issue notice of the work to propertv owners who adioin such riqhts-of-wav
(the "notification area"). and based on the scope of the proposed work, the number of
affected propertv owners and the potential severitv of the impact to such propertv
owners, mav further require the reoistrant to hold a public information meetino for
DurDoses of answerinq questions and taking comments from affected propertv owners.
The notification area mav be expanded at the Citv's discretion and notice shall be
effected in a manner deemed appropriate bv the Citv: provided, however. the notification
area, as exDanded. shall not exceed a radius of 375 feet from the site of the proposed
communications facilities. Should a public information meetinq be required. the
reoistrant shall meet with Citv staff as soon as practical to review comments received at
the public information meetinq, and attempt to resolve all neqative comments or issues
raised.
(w) Pursuant to ES Florida Statutes S 337.401(cXtXb€00O) and other appticabte
provisions of law, and notwithstanding any other provisions of this Code, the City hereby
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elects not to charge permit fees to any registrant for permits to do work in the public
rights-of-way.
Sec. 104-7. Suspension of permits.
The City may suspend a permit for work in the public rights-of-way for one or more of the
following reasons:(1) Violation of permit conditions, including conditions set forth in the permit, this
Article or other applicable City ordinances, codes or regulations governing placement or
maintenance of communications facilities in public rights-of-way;(2) Misrepresentation or fraud by registrant in a registration or permit application to
the City;(3) Failure to properly renew or ineffectiveness of registration: or(4) Failure to relocate or remove facilities as may be lawfully required by the City.
The City Manager shall provide notice and an opportunity to cure any violation of (1) through (4)
above, each of which shall be reasonable under the circumstances.
Sec. 104-8. Appeals.
Any person aggrieved by any action or decision of the City Manager, or his or her designee,
with regard to any aspect of registration under this Article may appeal to the special master
appointed pursuant to Article ll of Chapter 30 of this Code by filing with the special master,
within 30 days after receipt a written decision of the City Manager, or his or her designee, a
notice of appeal, which shall set forth concisely the action or decision appealed from and the
reasons or grounds for the appeal. No requests for extension of time for filing an appeal will be
permitted. The only appeal that shall be considered are those appeals that allege that there is
error in any order, requirement, decision, or determination made by an administrative official in
the enforcement of this Article. The special master shall set such appeal for hearing on the very
next available date following such notice of appeal and cause notice thereof to be given to the
appellant and the Citv Manaoer, or his or her designee shall present the case on behalf of the
City. The special master shall hear and consider all facts material to the appeal and render a
decision within 20 calendar days of the date of the hearing. The special master may affirm,
reverse or modify the action or decision appealed from; provided, that the special master shall
not take any action which conflicts with or nullifies any of the provisions of this Article. Any
person aggrieved by any decision of the special master on an appeal shall be entitled to apply
to the Circuit Court for a review thereof by Petition for Writ of Certiorari in accordance with the
applicable court rules.
Sec. 104-9. lnvoluntary termination of registration.
(a) The City may terminate a registration if:(1) A federal or state authority suspends, denies, er-revokes or othenryise
fails to orant a registran+b-qiglranl :py certification or license required to
provide communications services;(2) The registrant's placement or maintenance of a communications facility in
the public rights-of-way presents an extraordinary danger to the general public or
other users of the public rights-of-way and the registrant fails to remedy the
danger promptly after receipt of written notice;-er(3) The reqistrant violates Florida Statutes S 843.025, as amended:(4) The reoistrant violates Florida Statutes S 843.165. as amended: or
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(!) The abandonment by the registrant of all of its communications facilities
in public rights-of-way and noncompliance with section 104-16 hereof.
(b) Prior to termination, the registrant shall be notified by the City Manager, or his or
her designee, with a written notice setting forth all matters pertinent to the proposed
termination action, including which of (1) through (3O above is applicable as the reason
therefore, and describing the proposed action of the City with respect thereto. The
registrant shall have 60 days after receipt of such notice within which to address or
eliminate the reason or within which to present a plan, satisfactory to the City Manager
to accomplish the same. lf the plan is rejected, the City Manager shall provide written
notice of such rejection to the registrant and shall make a recommendation to the mayor
and City Commission regarding a decision as to termination of registration. The City
Manager, or his or her designee, shall provide notice to registrant of any resolution or
other action to be taken up at any meeting of the mayor and City Commission and
registrant shall be granted the opportunity to be heard at such meeting. A decision by a
City to terminate a registration may only be accomplished by an action of the mayor and
City Commission. A registrant shall be notified by written notice of any decision by the
Mayor and City Commission to terminate its registration. Such written notice shall be
sent within seven days after the decision.
(c) ln the event of termination, the former registrant shall: (1) notify the City of the
assumption or anticipated assumption by another registrant of ownership of the
registrant's communications facilities in public rights-of-way; or (2) provide the City with
an acceptable plan for disposition of its communications facilities in public rights-of-way.lf a registrant fails to comply with this subsection (c), which determination of
noncompliance is subject to appeal as provided in section 104-8 hereof, the City may
exercise any remedies or rights it has at law or in equity, including but not limited to
requiring the registrant within 90 days of the termination, or such longer period as may
be agreed to by the registrant, to remove some or all of the facilities from the public
rights-of-way and restore the public rights-of-way to its original condition before the
removal.
(d) ln any event, a terminated registrant shall take such steps as are necessary to
render safe every portion of the communications facilities remaining in the public rights-
of-way of the City.
(e) ln the event of termination of a registration, this section does not authorize the
City to cause the removal of communications facilities used to provide another service
for which the registrant or another person who owns or exercises physical control over
the facilities holds a valid certification or license with the governing federal or state
agency, if required for provision of such service, and is registered with the City, if
required.
Sec. 104-10. Existing communications facilities in public rights-of-way.
A communications services provider, communications f
with an existing communications facility in the public rights-of-way of the City has 60 days from
the effective date of this Article to comply with the terms of this Article, including, but not limited
to, registration, or be in violation thereof. The City Manager may grant reasenable extensiens ef
time fer existing faeilities te eeme inte eemplianee er, in the alternative, may grandfather any
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443
existing nen eenferming eemmunieatiens faeilities whieh eannet be breught inte eemplianee
Sec. 104-1 1. lnsurance.
(a) A registrant shall provide, pay for and maintain satisfactory to the City the types
of insurance described herein. All insurance shall be from responsible companies duly
authorized to do business in the State of Florida and having a rating reasonably
acceptable to the City. All liability policies shall provide that the City is an additionat
insured as to the activities under this Article. The required coverages must be evidenced
by properly executed certificates of insurance forms. The certificates must be signed bythe authorized representative of the insurance company and shall be filed and
maintained with the City annually. Thirty days advance written notice by registered,
certified or regular mail or facsimile as determined by the City must be given to the City
of any cancellation, intent not to renew or reduction in the policy coverages. The
insurance requirements may be satisfied by evidence of self-insurance or other types of
insurance acceptable to the City.
(b) The limits of coverage of insurance required shall be not less than the following:(1) Worker's compensation and employer's liability insurance.
Worker's compensation-Florida statutory requirements.(2) Comprehensivegeneralliability.
Bodily injury and property damage. $1,000,000.00 combined single limit
each occurrence.(3) Automobile liability.
Bodily injury and property damage: $1,000,000.00 combined singre rimit
each accident.
Sec. 1 04-1 2. lndemnification.
(a) A registrant shall, at its sole cost and expense, indemnify, hold harmless, and
defend the City, its officials, boards, members, agents, and employees, against any and
all claims, suits, causes of action, proceedings, judgments for damages or equitable
relief, and costs and expenses incurred by the City arising out of the placement or
maintenance of its communications+ys{sm-€r-facilities in public rights-of-way, regardless
of whether the act or omission complained of is authorized, allowed or prohibited by this
Article, provided, however, that a registrant's obligation hereunder shall not extend to
any claims caused by the negligence, gross negligence or wanton or willful acts of the
City. This provision includes, but is not limited to, the City's reasonable attorneys'fees
incurred in defending against any such claim, suit or proceedings. The City agrees to
notify the registrant, in writing, within a reasonable time of the City receiving notice, of
any issue it determines may require indemnification. Nothing in this section shall prohibit
the City from participating in the defense of any litigation by its own counsel and at its
own cost if in the City's reasonable belief there exists or may exist a conflict, potential
conflict or appearance of a conflict. Nothing contained in this section shall be construed
or interpreted: (1) as denying to either party any remedy or defense available to such
party under the laws of the State of Florida; or (2) as a waiver of sovereign immunity
beyond the waiver provided in FS-Elorida_statules S 768.28{200+, as it may be
amended from time to time.
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(b) The indemnification requirements shall survive and be in effect after the
termination or cancellation of a registration.
Sec. 104-{3. Construction bond.
(a) Prior to issuing a permit where the work under the permit will require restoration
of public rights-of-way, a City may require a construction bond to secure proper
performance under the requirements of any permits and the restoration of the public
rights-of-way. Twelve months after the completion of the restoration in public rights-of-
way in accordance with the bond, the registrant may eliminate the bond. However, the
City may subsequently require a new bond for any subsequent work in the public rights-
of-way. The construction bond shall be issued by a surety having a rating reasonably
acceptable to the City; shall be subject to the approval of the City's risk manager; and
shall provide that: "Fortwelve (12) months after issuance of this bond, this bond may not
be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by
certified mail, return receipt requested, of a written notice from the issuer of the bond of
intent to cancel or not to renew." Notwithstandi
not be required if the cost of restoration is less than the amount of the securitv fund filed
bv reoistrant under Citv Code Section 104-14.
(b) The rights reserved by the City with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the City may have
under this Article, or at law or equity.
(c) The rights reserved to the City under this section are in addition to all other rights
of the City, whether reserved in this Article, or authorized by other law, and no action,
proceeding or exercise of a right with respect to the construction bond will affect any
other right the City may have.
Sec. {04-14. Security fund.
At the time of registration, the registrant shall be required to file with the City, for City approval,
an annual bond, cash deposit or irrevocable letter of credit in the sum of $25,000.00, having as
a surety a company qualified to do business in the State of Florida, and acceptable to the City
Manager, or his or her designee, which shall be referred to as the "security fund." The security
fund shall be maintained from such time through the earlier of: (a) transfer, sale, assignment or
removal of all communications facilities in public rights-of-way; or (b) 12 months after the
termination or cancellation of any registration. The security fund shall be conditioned on the full
and faithful performance by the registrant of all requirements, duties and obligations imposed
upon registrant by the provisions of this Article. The security fund shall be furnished annually or
as frequently as necessary to provide a continuing guarantee of the registrant's full and faithful
performance at all times. ln the event a registrant fails to perform its duties and obligations
imposed upon the registrant by the provisions of this Article, subject to_section 104-i5 of this
Article, there shall be recoverable, jointly and severally from the principal and surety of the
security fund, any damages or loss suffered by the City as a result, including the full amount of
any compensation, indemnification or cost of removal, relocation or abandonment of any
facilities of the registrant in public rights-of-way, plus a reasonable allowance for attorneys' fees,
up to the full amount of the security fund. Notwithstanding the foregoing, the City may in its
discretion not require a security fund or may accept a corporate guarantee of the registrant or its
parent company.
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Sec. 104-15. Enforcement remedies.
(a) A registrant's failure to comply with provisions of this Article shall constitute a
violation of this Article and shall subject the registrant to the code enforcement
provisions and procedures as provided in Chapter 30 of this Code, including the
provisions of Chapter 30 that allow the City to seek relief as otherwise provided by law.
(b) Failure of the City to enforce any requirements of this Article shall not constitute a
waiver of the City's right to enforce that violation or subsequent violations of the same
type or to seek appropriate enforcement remedies.
Sec. 104-16. Abandonment of a communications facility.
(a) negistrants shall
to abandoned eouio pon abandonment
of a communications facility owned by a registrant in public rights-of-way, the registrant
shall notify the City, in-luriting within 90 days. nOOitionattv, regl
tne orovisions of s
(b) The City r+ay shall direct the registrant by written notice to remove all or any
portion of such abandoned facility at the registrant's sole expense if the City determines
that the abandoned facility's presence interferes with the public health, safety or welfare,
which shall include, but shall not be limited to, a determination that such facility: (1)
compromises safety at any time for any public rights-of-way user or during construction
or maintenance in public rights-of-way; (2) prevents another person from locating
facilities in the area of public rights-of-way where the abandoned facility is located when
other alternative locations are not reasonably available; or (3) creates a maintenance
condition that is disruptive to the public rights-of-way's use. ln the event of (2) above, the
City may require the third person to coordinate with the registrant that owns the existing
facility for joint removal and placement, where agreed to by the registrant.
(c) ln the event that the City does not direct the removal of the abandoned facility,
the registrant, by its notice of abandonment to the City, shall be deemed to consent to
the alteration or removal of all or any portion of the facility by the City or another person
at such third party's cost.
(d) lf the registrant fails to remove all or any portion of an abandoned facility as
directed by the City within a reasonable time period. not to exceed sixty as
may be required by the City under the circumstances, the City may perform such
removal and charge the cost of the removal against the registrant and utilize the bond
rezuireO oursuant to S is+utBosc.
Sec. 104-17. Force majeure.
ln the event a registrant's performance of or compliance with any of the provisions of this Article
is prevented by a cause or event not within the registrant's control, such inability to perform or
comply shall be deemed excused and no penalties or sanctions shall be imposed as a result,
provided, however, that such registrant uses all practicable means to expeditiously cure or
correct any such inability to perform or comply. For purposes of this Article, causes or events
not within a registrant's control shall include, without limitation, acts of god, floods, earthquakes,
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landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil
disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or
court. Causes or events within registrant's control, and thus not falling within this section, shall
include, without limitation, registrant's financial inability to perform or comply, economic
hardship, and misfeasance, malfeasance or nonfeasance by any of registrant's directors,
officers, employees, contractors or agents.
Sec. 104-18. Reservation of rights and remedies.
(a) The City reserves the right to amend this Article as it shall find necessary in the
lawful exercise of its police powers.
(b) This Article shall be applicable to all communications facilities placed in the
publicrights-of-wayonoraftertheeffectivedateofthis
this Artiele, te the full extent permitted b..state and federal law.
(c) The adoption of this Article is not intended to affect any rights or defenses of the
City or a communications service provider under any existing franchise, license or other
agreements with a communications services provider.
(d) Nothing in this Article shall affect the remedies the City or the registrant has
available under applicable law.
(e) Any person who uses the communications facilities of a registrant, other than the
registrant that owns the facilities, shall not be entitled to any rights to place or maintain
such facilities in excess of the rights of the registrant that places or maintains the
facilities.
Sec. 104-19. Establishment of the rate of the communications services tax.
(a) For the fiscal year of the City commencing on October 1,2001, and ending on
September 30, 2002, the City hereby establishes the rate of the communications
services tax as the base rate of 5.10 percent established by +Eloricla Stglutes SS
202.19 and 202.20, plus 0.40 percent, as permitted by Section 13 of Chapter 2OO1-140
of the Laws of Florida, plus 0.12 percent, as permitted by FS Florida Statutes S
337.401, for a total of 5.62 percent.
(b) On and after October 1, 2002, the City hereby establishes the rate of the
communications services tax as the base rate of 5.10 percent established by FS{
Florida Statutes S 202.20, plus 0.12 percent, as permitted by Florida Statutes g
337 .401, for a total of 5.22 percent.
(c) The City hereby instructs the Florida Department of Revenue to collect the
communications services tax at the rates set forth in subsections (a) and (b) of this
section.
Sec. 104-20. Pass-Through Provider and Communications Facility Provider Fees and
Gharges
@) Passthrough providers and communications facility providers that maintain one or
more communications facilities in the City's roads or rights-of-way shall pay the City
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the maximum annual amount allowed under-FS Florida Statute S 337.40'1. as
omended. For purposes of calculatinq pavments hereunder, each separate pole or
tower installed or maintained bv a pass-throuqh provider or communications facilitv
provider for purposes of supportino antennas or other over-the-air radio transmission
or reception equipment in the public riqhts-of-wav shall comprise a separate
communications facilitv subiect to assessment of a separate permit fee in the amountof$500.00upallowedunderspecifiedinFlorida
Statutes S 337.401, whichever is higher, to the extent that Florida Statutes 5337.401
is applicable.
@) The annual amount referenced in subsection 104-20(a), above, shall be due and
payable on October 1 of every vear. Fees not paid within ten davs after the due date
shall bear interest at the rate of one percent per month from the date due until paid.
The acceptance of anv pavment required hereunder bv the Citv shall not be
construed as an acknowledqement that the amount paid is the correct amount due,
nor shall such acceptance of pavment be construed as a release of anv claim which
the Citv mav have for additional sums due and pavable or authorization to install anv
facilities in the Citv's riqhts-or-wav.
SECTION 2. City Code Chapter llS, "Administration and Review Procedures," Article ll,
"Boards," Division 3, "Design Review Board," Section 118-71, "Powers and duties," is hereby
amended as follows:
Sec. 118-71. Powers and duties.
The Design Review Board shall have the following powers and duties:
(1)To promote excellence in urban design.
(2)To review all applications requiring design review approval for all properties not
located within a designated historic district or not designated as a historic site. For works
of art in the art in public places program, the Design Review Board shall serve as
advisor to the City Commission, and may impose binding criteria, as provided in Chapter
82, Article Vll, 'Art in Public Places," Division 4, "Procedures.] This authoritv shall
include review and approval of desion and location within public riohts-of-wav outside of
locallv desiqnated historic districts of all wireless communications facilities,
struetureslas defined in Chapter 104. "Telecommunication." Article l, "Communications
Rights-of-Wav" under the standards provided therein.
(3)To prepare and recommend adoption of design plans pertaining to neighborhood
studies.
(4)To promote reduced crime and fear of crime through the use of crime prevention
through environmental design guidelines and strategies, as approved by the City
Commission.
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(5)To hear and decide appeals of the planning director when deciding matters pursuant
to section 118-260.
SECTION 3. City Code Chapter llS, "Administration and Review Procedures," Article ll,
"Boards," Division 4, "Historic Preservation Board," Section 118-102, "Powers and duties," is
hereby amended as follows:
Sec. 118-102. Powers and duties.
The Historic Preservation Board shall:
(1) Recommend to the planning board, and City Commission, the designation of
historic buildings, structures, improvements, landscape features, public interiors, and
historic sites or districts.
(2) Prepare and recommend for adoption specific guidelines for each designated site
or district to be used to evaluate the appropriateness and compatibility of proposed
alteration or development within designated historic sites or historic districts.
(3) lssue or deny certificates of appropriateness, certificates to dig and certificates of
appropriateness for demolition in accordance with procedures specified in this division,
excluding certificates of appropriateness for demolition for City-owned buildings and
other improvements as hereinafter specified on City-owned property and public rights-of-
ways, and property owned by the Miami Beach Redevelopment Agency, for which
properties the Historic Preservation Board shall serve as advisor to the City
Commission. This authoritv shall include review and approval of desiqn and location
within public riohts-of-wav inside of locallv desionated historic districts of all wireless
communications facilities. imprevements and f
Mas defined in Chapter 104, "Telecommunication." Article l.
"Communications Riohts-of-Wav." and under the standards provided therein. at section
104(6Xt).
(4) Recommend restoration of property to its prior condition as required by section
1 18-533 when the property has been altered in violation of this division.
(5) Advise the board of adjustment with regard to variances associated with
properties designated as historic sites, historic buildings, historic structures, historic
improvements, historic landscape features or any building or structure located within a
historic district or a National Register District through written recommendation to be read
into the record by the planning and zoning director at the board of adjustment's hearing.
(6) Facilitate the redevelopment of historic sites and districts by directing the
planning department, and other City departments, to provide advisory and technical
assistance to property owners, applicants for certificates of appropriateness.
(7) Make and prescribe by-laws and application procedures that are reasonably
necessary and appropriate for the proper administration and enforcement of the
provisions of this division. The board shall prescribe forms for use by applicants when
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requesting action under this division. The board may authorize any one of its members
to administer oaths and to certify official documents.
(8) Award historic markers or plaques upon the recommendation of the City
manager and with the consent of the City Commission.
(9) Update and revise the historic properties database.
(10) Advocate that the City administration explore and advise the Historic
Preservation Board and the building official as to alternatives available for stabilizing and
preserving inadequately maintained and/or unsafe buildings or structures within the
City's designated historic districts or on designated historic sites.
(11) Review all new construction, alterations, modifications and improvements to any
building, structure, improvement, landscape feature, public interior or site individually
designated in accordance with Sections 118-591 , 118-592 and 118-593, or located
within an historic district.
(12) To review any and all amendments to this Code affecting historic preservation
issues; specifically division 4 of Article ll of Chapter 118 entitled "Historic Preservation
Board," and Article X of Chapter 1 18 entitled "historic preservation," pursuant to Section
1 1 8-1 63.
SECTION 4. City Code Chapter llS, "Administration and Review Procedures," Article Vl,
"Design Review Procedures," Section 118-251, "Design Review Criteria," is hereby amended as
follows:
Sec. 118-251. Desiqn review criteria.
(a) Design review encompasses the examination of architectural drawings for
consistency with the criteria stated below, with regard to the aesthetics, appearances,
safety, and function of any new or existing structure and physical attributes of the project
in relation to the site, adjacent structures and surrounding community. The board and
the planning department shall review plans based upon the below stated criteria, criteria
listed in neighborhood plans, if applicable, and design guidelines adopted and amended
periodically by the Design Review Board and/or Historic Preservation Board.
Recommendations of the planning department may include, but not be limited to,
comments from the building department and the public works department. lf the board
determines that an application is not consistent with the criteria, it shall set forth in
writing the reasons substantiating its finding. The criteria referenced above are as
follows:
(1) The existing and proposed conditions of the lot, including but not necessarily
limited to topography, vegetation, trees, drainage, and watenuays.
(2) The location of all existing and proposed buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services, landscaping
structures, signs, and lighting and screening devices.
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450
(3) The dimensions of all buildings, structures, setbacks, parking spaces, floor area
ratio, height, lot coverage and any other information that may be reasonably necessary
to determine compliance with the requirements of the underlying zoning district, and any
applicable overlays, for a particular application or project.
(4) The color, design, selection of landscape materials and architectural elements of
exterior building surfaces and primary public interior areas for developments requiring a
building permit in areas of the City identified in section 118-252.
(5) The proposed site plan, and the location, appearance and design of new and
existing buildings and structures are in conformity with the standards of this Article and
other applicable ordinances, architectural and design guidelines as adopted and
amended periodically by the Design Review Board and Historic Preservation Board and
all pertinent master plans.
(6) The proposed structure, and/or additions or modifications to an existing structure,
indicates sensitivity to and is compatible with the environment and adjacent structures,
and enhances the appearance of the surrounding properties.
(7) The design and layout of the proposed site plan, as well as all new and existing
buildings shall be reviewed so as to provide an efficient arrangement of land uses.
Particular attention shall be given to safety, crime prevention and fire protection,
relationship to the surrounding neighborhood, impact on contiguous and adjacent
buildings and lands, pedestrian sight lines and view corridors.
(8) Pedestrian and vehicular traffic movement within and adjacent to the site shall be
reviewed to ensure that clearly defined, segregated pedestrian access to the site and all
buildings is provided for and that all parking spaces are usable and are safety and
conveniently arranged; pedestrian furniture and bike racks shall be considered. Access
to the site from adjacent roads shall be designed so as to interfere as little as possible
with traffic flow on these roads and to permit vehicles a rapid and safe ingress and
egress to the site.
(9) Lighting shall be reviewed to ensure safe movement of persons and vehicles and
reflection on public property for security purposes and to minimize glare and reflection
on adjacent properties. Lighting shall be reviewed to assure that it enhances the
appearance of structures at night.
(10) Landscape and paving materials shall be reviewed to ensure an adequate
relationship with and enhancement of the overall site plan design.
(11) Buffering materials shall be reviewed to ensure that headlights of vehicles, noise,
and light from structures are adequately shielded from public view, adjacent properties
and pedestrian areas.
(12) The proposed structure has an orientation and massing which is sensitive to and
compatible with the building site and surrounding area and which creates or maintains
important view corridor(s).
(13) The building has, where feasible, space in that part of the ground floor fronting a
street or streets which is to be occupied for residential or commercial uses; likewise, the
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upper floors of the pedestal portion of the proposed building fronting a street, or streets
shall have residential or commercial spaces, shall have the appearance of being a
residential or commercial space or shall have an architectural treatment which shall
buffer the appearance of the parking structure from the surrounding area and is
integrated with the overall appearance of the project.
(14) The building shall have an appropriate and fully integrated rooftop architectural
treatment which substantially screens all mechanical equipment, stairs and elevator
towers.
(15) An addition on a building site shall be designed, sited and massed in a manner
which is sensitive to and compatible with the existing improvement(s).
(16) All portions of a project fronting a street or sidewalk shall incorporate an
architecturally appropriate amount of transparency at the first level in order to achieve
pedestrian compatibility and adequate visual interest.
(17) The location, design, screening and buffering of all required service bays,
delivery bays, trash and refuse receptacles, as well as trash rooms shall be arranged so
as to have a minimal impact on adjacent properties.
(18) ln addition to the foreooinq criteria, Section 104-6(t) of the Citv Code the
fellewine Griteria
Odinanee-shall applv to the Desion Review Board's review of anv proposal to place.
construct, modifv or maintain a wireless communications facilitv or other over the air
radio transmission or radio reception facilitv in the public-riqhts-of-wav.
fi) With respeot to
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te censtruet a new a
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SECTION 5. City Code Chapter llS, "Administration and Review Procedures," Article X,
"Historic Preservation," Division 3, "lssuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition," Section 1 18-564, "Decisions on certificates of
appropriateness," is hereby amended as follows:
Sec. 118-564. Decisions on certificates of appropriateness.
(a) A decision on an application for a certificate of appropriateness shall be based
upon the following:
(1) Evaluation of the compatibility of the physical alteration or improvement
with surrounding properties and where applicable compliance with the following:
a. The Secretary of lnterior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings as revised from time to time; and
b. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission.
(2) ln determining whether a particular application is compatible with surrounding
properties the Historic Preservation Board shall consider the following:
a. Exterior architectural features.
b. Generaldesign, scale, massing and arrangement.
c. Texture and material and color.
d. The relationship of subsections a., b., c., above, to other structures
and features of the district.
e. The purpose for which the district was created.
f. The relationship of the size, design and siting of any new or
reconstructed structure to the landscape of the district.
g. An historic resources report, containing all available data and historic
documentation regarding the building, site or feature.
h. The original architectural design or any subsequent modifications that
have acquired significance.
(3) The examination of architectural drawings for consistency with the criteria
stated below, with regard to the aesthetics, appearances, safety, and function of
any new or existing structure, public interior space and physical attributes of the
33 of 40
456
project in relation to the site, adjacent structures and properties, and surrounding
community. The Historic Preservation Board and planning department shall
review plans based upon the below stated criteria and recommendations of the
planning department may include, but not be limited to, comments from the
building department. The criteria referenced above are as follows:
a. The location of all existing and proposed buildings, drives, parking
spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping structures, signs, and lighting and
screening devices.
b. The dimensions of all buildings, structures, setbacks, parking spaces,
floor area ratio, height, lot coverage and any other information that
may be reasonably necessary to determine compliance with the
requirements of the underlying zoning district, and any applicable
overlays, for a particular application or project.
c. The color, design, surface finishes and selection of landscape
materials and architectural elements of the exterior of all buildings and
structures and primary public interior areas for developments requiring
a building permit in areas of the City identified in section 1 18-503
d. The proposed structure, and/or additions to an existing structure is-are
appropriate to and compatible with the environment and adjacent
structures, and enhaneesflhance the appearance of the surrounding
properties, or the purposes for which the district was created.
e. The design and layout of the proposed site plan, as well as all new
and existing buildings and public interior spaces shall be reviewed so
as to provide an efficient arrangement of land uses. Particular
attention shall be given to safety, crime prevention and fire protection,
relationship to the surrounding neighborhood, impact on preserving
historic character of the neighborhood and district, contiguous and
adjacent buildings and lands, pedestrian sight lines and view
corridors.
f. Pedestrian and vehicular traffic movement within and adjacent to the
site shall be reviewed to ensure that clearly defined, segregated
pedestrian access to the site and all buildings is provided for and that
any driveways and parking spaces are usable, safely and
conveniently arranged and have a minimal impact on pedestrian
circulation throughout the site. Access to the site from adjacent roads
shall be designed so as to interfere as little as possible with vehicular
traffic flow on these roads and pedestrian movement onto and within
the site, as well as permit both pedestrians and vehicles a safe
ingress and egress to the site.
g. Lighting shall be reviewed to ensure safe movement of persons and
vehicles and reflection on public property for security purposes and to
minimize glare and reflection on adjacent properties and consistent
with a City master plan, where applicable.
34 of 40
457
h. Landscape and paving materials shall be reviewed to ensure an
adequate relationship with and enhancement of the overall site plan
design.
i. Buffering materials shall be reviewed to ensure that headlights of
vehicles, noise, and light from structures are adequately shielded from
public view, adjacent properties and pedestrian areas.
j. Any proposed new structure shall have an orientation and massing
which is sensitive to and compatible with the building site and
surrounding area and which creates or maintains important view
corridor(s).
k. All buildings shall have, to the greatest extent possible, space in that
part of the ground floor fronting a sidewalk, street or streets which is
to be occupied for residential or commercial uses; likewise, the upper
floors of the pedestal portion of the proposed building fronting a
sidewalk street, or streets shall have residential or commercial
spaces, or shall have the appearance of being a residential or
commercial space or shall have an architectural treatment which shall
buffer the appearance of a parking structure from the surrounding
area and is integrated with the overall appearance of the project.
l. All buildings shall have an appropriate and fully integrated rooftop
architectural treatment which substantially screens all mechanical
equipment, stairs and elevator towers.
m. Any addition on a building site shall be designed, sited and massed ina manner which is sensitive to and compatible with the existing
improvement(s).
n. All portions of a project fronting a street or sidewalk shall incorporate
an amount of transparency at the first level necessary to achieve
pedestrian com patibility.
o. The location, design, screening and buffering of all required service
bays, delivery bays, trash and refuse receptacles, as well as trash
rooms shall be arranged so as to have a minimal impact on adjacent
properties.
p.
+ ln addition to the foreooinq criteria. Section 104-6(t), and the
requirements of chapter 104. of the citv code shall applv to the
Historic Preservatlm Desien-Review-Board's review of anv proposal
to place. construct, modifv or maintain a wireless communications
facilitv or other over the air radio transmission or radio reception
facilitv in the public-riohts-of-wav
threush 3(e); the frem Ghapter 10 | s
35 of 40
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e discernible ehM
SECTION 6. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 7. 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 8. SEVERABILITY.
lf any section, subsection, clause or provision
remainder shall not be affected by such invalidity.
SECTION 9. EFFECTIVE DATE.
of this Ordinance is held invalid, the
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underscore denotes new language
S+ike+n+eugh denotes stricken lang uage
(Sponsored by Commissioner Joy Malakoff)
First Reading:
Second Reading:
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COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment to modify the regulations and requirements for
short{erm rentals to include properties located within the Collins Waterfront Local Historic District.
Item Summary/Recommendation :
Clerk's Office
T:\AGENDA\2015\February\RM-1 Collins Park STR - SUM Second Read.docx
AGENDA rren RS F
onrs 2-ll-tf
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
growth management across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to is "about the riqht amount."
SECOND 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 1g,
2014. On November 19,2014, the item was continued to December 17,2014, atwhich time it was
continued to January 14, 2015. On January 14, 2015, the City Commission approved the subject
Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2204).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
MIAMIBEACH 465
MIAMIBEACH
Cify of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry CODE, BY AMENDING GHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS'" ARTICLE IV,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", AT DIVISION
3, ENTITLED "SUPPLEMENTARY USE REGULATIONS", TO MODTFY THE
REGULATIONS AND REQUIREMENTS FOR SHORT TERM RENTALS TO
INCLUDE PROPERTIES LOCATED WITHIN THE GOLLINS WATERFRONTLOCAL HISTORIC DISTRIGT; PROVIDING FOR REpEALER;
SEVERABILITY; CODIFICATION; AND AN EFFEGT|VE DATE.
ADMTNISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
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{erm 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
February 11,2015
Short Term Rentals in the
READING - PUBLIC HEARING
Waterfront H istoric District
the
466
Commission Memorandum
Ordinance Amendment - Shod Term Rentals in the Cottins Wateiront Historic Distict
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-'I 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{erm rentals
of apartments. Ordinance 2010-3685, adopted by the City on June g, 2010, clarified
this, while grandfathering-in a small number of existing short term rentals in very limited
circumstances within the Flamingo Park neighborhood. Section 142-1111 of this
Ordinance contains a provision that would allow other neighborhoods to permit short
term rentals in the future by action of the City Commission.
The attached Ordinance would allow short term rentals in the RM-1 areas in the Collins
Waterfront Historic District, under similar limited circumstances. Apparently there are
already several buildings in this area (roughly bounded by Collins Canal on the south,
Pinetree Drive on the west, 25th Street on the north, and Lake Pancoast on the east)
already engaged in short-term rentals. This ordinance would legalize those properties
currently operating such transient operations.
Attached, is a map showing the subject RM-1 zone, as well as the adjacent zoning
districts. The subject area is bounded by more intense commercial and high density
multi-family districts to the immediate south (CD-3 zone across Collins Canal) and east
(RM-3 District across Lake Pancoast). To the west of the subject area are Government
(Fire Station 2) and lnstitutional (Hebrew Academy) uses. The area to the immediate
north of West 25th Street is zoned single-family.
The proposed Ordinance would provide more flexibility in terms of allowable uses for
recently restored historic buildings within the RM-1 zoned area of the Collins Waterfront
Local historic district. ln order to provide an appropriate buffer from the more low scale
single family district, it is suggested that any property within this district that has a
property line on West 25th Street not be permitted to have short term rentals. Also, the
eligibility for short term rentals should be limited to fully restored, 'Contributing' buildings
within the district.
ln summary, with appropriate safeguards, and given the intensity of the districts and
uses on the west, south and east sides of the subject RM-1 district, the proposal for a
limited short-term rental eligibility window is not expected to have any detrimental
impacts on the surrounding area. The Ordinance attached includes the safeguards and
eligibility limitations delineated herein.
467
Commission Memorandum
Ordinance Amendment - Shoi Term Rentals in the Cottins Wateiront Historic District
February 11,2015 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
Commission meeting.
On November 19, 2014 the matter was opened
December 17,2014.
raised at the October 22, 2014
and continued to a date certain of
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, at which time it was approved at First Reading. At First Reading
approval, the requirement for on-site management was 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 adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\2015\February\RM-1 Coilins Park STR - MEM Second Read.docx
468
Commission Memorandum
Ordinance Amendment - Shod Term Rentals in the Collins Wateiront Histoic District
February 11, 2015 page 4 of 4
469
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SHORT TERM RENTALS IN COLLINS WATERFRONT DISTRICT
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLOR!DA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRIGTS AND
REGULATIONS", ART!CLE !V, ENTITLED "SUPPLEMENTARY
DISTRIGT 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 HISTORIC DISTRICT; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE
DATE.
WHEREAS, the Cityg Land Development C€de Reoulations 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 ef Mia+ni Beaeh 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 de+ed on 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
GOMMISSION OF THE CIry 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.
(1) 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,
471
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.
€L "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.
(b) Previously existing short-term rentals in specified disfrrcfs. For a period of six (Q
months afterthe effeetive date ef the erdinanee enaeting this seetien (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
e*V-eemmise+e+
ftt Bistriets; Prep
(!) Eligibility: Properties within the RM-1 and TH zoning districts in the
Flamingo Park and Espanola Way Historic Districts. e[gibilit]-Those properties
that can demonstrate a current and consistent history of shortterm renting, and
that such short-term rentals are the primary source of income derived from that
unit or building, as defined by the requirements listed below.
(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
(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.
472
For properties containing more than one apartment building, eligibility
may apply to an individual building satisfying subsections a-+h+eugh-+,
(bX1XA) (i)-(iii) 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
state license. 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.
({)(A) 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.
($(Dwithin three (3) months of the effeetive date ef the erdinanee
@June19,2010},eligibleownerSshallapplytoobtainall
necessary approvals to comply with the Florida Building Code, Florida Fire
Prevention Code and with all other applicable life safety standards.
(3Xg) Compliance with the applicable requirements of the Florida
Building Code and Florida Fire Prevention Code shall be demonstrated by
October 1, 2011, or rights to engage in shortterm rental under this section shall
be subject to restrictions and/or limitations as directed by the building official
and/or fire marshal. This subsection shall not prevent these officials from
undertaking enforcement action prior to such date.
(4Xp) Applications under this €i'rd.inan€e section may be accepted until 60
days after April 11, 2012;€04ays-expne
June+fr-2012), upon determination to the planning director that a government
licensing error prevented timely filing of the application.
(3) Elioibilitv within the Collins Waterfront Local Historic District. Owners of
propertv located in the Collins Waterfront Local Historic District shall be elioible to
applv for approval of a certificate of use permittinq shortterm rental of apartment
and townhome residential units under the requirements and provisions set forth
below:
(A) Onlv those properties located south of West 24th Terrace shall be
eliqible for short term rentals:
(B) Onlv buildinos classified as 'Contributinq' in the Citv's Historic
Properties Database shall be eliqible for short term rentals. The buildino
and propertv shall be fullv renovated and restored in accordance with the
Secretarv of the lnterior Guidelines and Standards. as well as the
473
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 this ordinance.
(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 effective date of
this Ordinance.
(E) Short-term rental use shall be based on a sinqle use for the
propertv. No buildinq or propertv seekino to have shortterm rentals will
be permitted to have mixed residential uses.
(F) Anv oropertv seekinq to have short term rental will need to
demonstrate that there is on-site manaqement. 24 hours oer dav, 7 days
alveek.
fCt fne snort term re
reseruatioo
(4) Time period to applv for short{erm rental approvals for those properties
located in the Collins Waterfront Architectural District.
(A) Owners demonstratino compliance with subsection (bX3), above,
shall applv for a certificate of use permittinq shortterm rental as detailed
in subsection 142-1111(e) within a time period of three (3) months from
the effective date of this ordinance. or be deemed ineliqible to proceed
throuoh the process specified herein for leoalization of short{erm rentals.
(B) Within three (3) months of the etfective date of this ordinance, elioible
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 Buildino
Code and Florida Fire Prevention Code, shall be demonstrated bv the
effective date of this ordinance, or riohts to enqaqe in short-term rental
under this section shall be subiect to restrictions and/or limitations as
directed bv the buildino official and/or fire marshal. This subsection shall
not prevent the Buildinq or Fire Departments from undertakinq
enforcement action prior to such date.
(5) ln the event a buildino approved for shortterm rentals in accordance with
subsections (bX3) and (4). above is demolished or destroved. for anv reason, the
future use of anv new or future buildinq on that propertv shall not be permitted to
enqaoe in short-term rentals. nor applv for short-term rental aporoval.
(CXO Regulations. For those properties eligible for short term rental use as per (b)
above, unless etherwise expressly previded fer in these land develepment regulatiens,
474
shall be permitted,
provided that the following mandatory requirements are followed:
(1) Approvals required: applications. Owners, lessees, or any person with interest
in the property seeking to engage in shortterm rental, must obtain a certificate of
use permitting short-term rental under this section. The application for approval
to engage in 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 short-term rentals shall be
accompanied by an application fee of $600.00.
(2) Time period. All shortterm rentals under this section must be pursuant to a
binding written agreement, license or lease. Each such document shall contain,
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 (7) 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) Rules and procedures. The City manager or designee may adopt
administrative rules and procedures, including, but not limited to, application and
permit fees, to assist in the uniform enforcement of this section.
(6) Signs. No signs advertising the property for short-term rental are permitted on
the exterior of the property or in the abutting right-of-way, or visible from the
abutting public right-of-way.
(7) Etfect of violations on /icensure. Approvals shall be issued for a one (lf 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 anv building owned by the
same owner or managed by the same person or entity, of this section, issued to
475
the short-term rental licensee were adjudicated either by failure to appeal from a
notice of violation or a special master's determination of a violation, within the 12
months preceding the date of filing of the application.
(8) Resorf 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 applieant, after best efferts,
i
ffi
(10) Variances. No variances may be granted from the requirements of this
section.
(e) (O Enforcement.
(1) Violations of section 142-1111(b) shall be subject to the following fines. The
special master may not waive or reduce fines set by this section.
aA. lf the violation is the first violation: $500.00.
bE. lf the violation is the second violation within the preceding 12 months.
$1,500.00.
eQ. lf the violation is the third violation within the preceding 12 months:
$5,000.00.
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
142-1111(b) as provided in chapter 30 of this Code. Violations shall be issued to the
owner, manager, real estate broker or agent, or authorized agent, or any other individual
or entity that participates in or facilitates the violation of this section. ln the event the
record owner of the property is not present when the violation occurred or notice of
violation issued, a copy of the violation shall be served by certified mail on the owner at
its mailing address in the property appraise/s records and a courtesy notice to the
contact person identified in subsection (dg)(3) above.
476
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
repealed.
SECTION4. SEVERABILIry.
lf any section, subsection, clause or provision
remainder shall not be affected by such invalidity.
herewith be and the same are hereby
of this Ordinance is held invalid, the
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: January 14,2015
Second Reading: February 11,2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
$ri**nreush = deleted language
(Sponsor Commissioner Michael Grieco)
F:\ATTO\BOUE\Ordinances\RM-1 Collins Park STR - ORD Second Read 2-4-201S.docx
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478
8HE I IHUaS0AY, -IANUARY 2q,20E \E MiamiHerald.com I l.A^iil lllRAfD
n-L -e.*rr.-.
AAIAt\4lBfACH
CITY OF MIAMI BEACH CITY COMMISSION
NOTIGE OF PUBLIC HEARING
AN ORDINANCE TO AMEND THT
SU PPLEMENTAHY U$E R EGUI.ATIONS
FOT SHORT.TERM HENTALS TO INCTUDH
PROPERTIE$ LOCATED WITHIN THE
COLLI N$ $'ATERFRONT HISTORIC DI$TRICT
NOfiCE lS HEREBY given lhat a Second Reading / Public Hearing will be heard
by the Mayor and City Gommissbn of the City of Miami Beach, Florida, in lhe
Commi$sion Chambers, Third Floor, City Hall, 1700 Convention Cenler Drive,
Miami Beach, Flodda, on Yt ednesday, February ll, 2015 at 5Ol p.m.r or as
soon th6rBafter as ths matter can be heard, to corsider
Shorl T*rm Renlals ln Qollins ll/aterfront Blskict.
An Ordirance Amending The Land Development Begulaiions Of The City Cods,
By Amending Chapter 14e, Entitled "Zoning Districts And Begulations," Article M,
Entitled"SupplemeilaryDistrictBegulations," Division3, Entitled "$upplementary
Use Regulations," Io Modify The Regulations And Requirements For Short Term
RenlalsTo lnclude Praperties LocatedWithinThsCollinsWaterfroniLocal Hisloric
District; Prouiding For Hepealer;Severability Codificalior; And An Effective Date.
lnguiies rnay be directed to the Planning Depafinent at 3A5.673,7550.
INTEBESTED PARTIE$ are invltsd to appear at this meeting, or be represenied by
an agent, or to express their views in w:itiag addressed lo ihe City Commission,
c/o the City Cler&, 1700 Conventircn Center Drive, 'l* Floor, Ciiy Hall, Miami
Beach, Florida 33139. This item is available for public irspection dudng normal
busiress hours in the City Clerk's Office, 1 700 Convention Center Drive, 1" Floor,
City Hall, Miarnl Beach, Florida 33139. This item may be continmd, and under
such circumstances, additional legal notice need not be provlded,
Pursuant to Secdion 286"S105, Fla. Stat., the City hereby advises ihe public that
if a persorr decide$ to appeal any decision made by the City Commission with
lespeci to any meuer considered at its meeting or its tBaring, such psrson mus{
ensure lhat a verbaiim record of the proc€sdings is made, which recod includer
th6 testimony and evidencs upon which the appeal is to be based, This notice
does noi constitule conseni by ihe City for the intrcduciion or admission ol
olherwise inadmissible or inelevant eviderre, nardoes it authorize challenges or
appeals rot otherwise allowed by lau
To reqEst this matedal in accessible formal, slgn language hlerprelers,
information on access for persons with disabilities and/or any accommodation
lo reviow any document or participato in any City"sponsorBd proco€dirlg, ploase
contact us five days ln advance at 305.6?3.741l{voice) orTTY usels may also
call lhe Florida Helay Seruice at 71 L
Bafael E. Granado, City Clert
Cily oi Miami Beach
479
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480
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the
of Miami Beach Comprehensive Plan and Chanqes to the Zoninq Districts
Glerk's Office islative
T:\AGENDA\2015\FebruaryV26 87th Terrace Comp Plan Amnd and Zoning Change - 1,st\SUM O&C.docx
AGENDA rrEi, RS 6-
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Suppo(ing Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the City to is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING. PUBLIC HEARING
The proposed Ordinance amendments would:
1. Amend Policy 1.2 of the Future Land Use Element of the Comprehensive Plan of the City of
Miami Beach by modifying the Parking (P) Future Land Use Category to allow for residential
uses when abutting a land use category that permits such uses.
2. Change the Zoning District Classification for a parcel of land located at226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
lntensity" District;
The Administration recommends that the City Commission open and continue the item to date certain
of Aoril 15.2015.
On August 26, 2014 the Planning Board recommended approval of the subject Ordinances by a vote
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
MIAMIBEACH oerc 2'll- l{481
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of he City Com
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: 226 87th Terrace
FIRST READING PUBLIC HEARING
Parking Category - Comprehensive Plan Amendment
226 87rh Terrace Zoning Map Change
Parking (P) Gategory - Gomprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 oI the Future
Land Use Element of the Comprehensive Plan of the City of Miami Beach
pursuant to the procedures in section 163.3184(3), Florida Statutes, by modifying
the Parking (P) Future Land Use Category to allow for residential uses when
abutting a land use category that permits such uses.
226 87th Terrace - Zoning Map Ghange. The applicant, the City of Miami
Beach, is requesting an amendment to the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida,
pursuant to Section 118-162, "Petitions for Changes and Amendments," by
changing the Zoning District Classification for a parcel of land located at226 87th
Terrace, and which is comprised of less than 10 acres, from the current GU,
"Government Use District", to RM-2, "Residential, Multifamily Medium lntensity"
District.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
BACKGROUND
On June 11, 2014, at the request of Commissioner Deede Weithorn, the City
Commission referred a discussion item to the Land Use and Development Committee
(ltem C4J), regarding the rezoning of City-Owned land. Additionally the matter was
referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed rezoning.
A proposal has been put forward, in combination with the privately held parcel to the
482
Commission Memorandum
226 |y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page 2 of 9
immediate south, for a new main use parking structure. A re-zoning of the City owned
'GU' property is necessary in order to provide a consistent zoning designation for the
combined, larger site. Additionally, a Comprehensive Plan Amendment to allow for
residential uses in the 'Parking (P)' future land use category when it abuts a land use
category that allows residential uses is required to maintain consistency between the
Land Development Regulations and the Comprehensive Plan as required by Section
163.3201, Florida Statutes.
On November 19, 2014, the City Commission opened and continued the item on First
Reading to a date certain of December 17,2014. On December 17,2014, the item was
continued to a date certain of February 11, 2015.
ANALYS!S
The Proposal
The subject property al 226 87th Terrace is currently zoned "GU Government Use
District" and is owned by the City. The subject site, which is sandwiched between Collins
and Harding Avenue on the northern boundary of the City, contains an open lot on the
west and a public parking lot on the east side. To the immediate south of the subject GU
site is a parking lot (zoned RM-2) owned by 8701 Collins Development, LLC, which is
also the owner of the "Biltmore Terrace" and adjacent parking lot to the east at 8701
Collins Avenue.
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. The following is requested as
part of the subject applications:
1. A Comprehensive Plan Amendment to allow for residential uses in the Parking
(P) Category future land use designation, to allow that designation to be
compatible with the surrounding residential categories.
2. A re-zoning of the City owned 'GU' property to 'RM-2', which is necessary in
order to provide a consistent zoning designation for the combined, larger site.
A separate code amendment is pending before the Planning Board that proposes to: (i)
establish regulations for main use garages and sign criteria for ground floor commercial
uses in parking garages located in the RM-2 district adjacent to North Shore Open
Space Park; and (ii) establish a process in which the City may erect City ldentification
Signs near the City's main entry points.
The proposed main use garage would include a mix of at least 100 public parking
spaces, private parking spaces, ground floor commercial uses, and residential uses. The
proposed building would also incorporate entrance signage for the City. The goal of the
development is to provide a signature building at the entrance to the City that will
facilitate pedestrian activity in the area, encourage the public's use of the beach and the
North Shore Open Space Park, while enhancing the supply of public parking in the area.
Regardless of the subject ordinance, any development proposed for the site will be
subject to design review and site plan approval.
483
Commission Memorandum
226 8lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page 3 of I
Planning and Zoning lssues
The "Parking (P)" future land use category provides for the following:
Purpose: to provide development oppoftunities for existing and new parking
facilities.
Uses which may be permitted; Parking facilities and commercial uses when
located on frontage opposite a land use category that permits commercial use.
The proposed development complies with this purpose, as it will be a main use garage.
However, residential uses are presently not permitted in this category. This can result in
garages that are incompatible with surrounding communities, especially if a garage is
located in an area that is primarily residential. Therefore an amendment is required in
order to ensure that main use garages that are compatible with the surrounding
residential districts. lt should be noted that for other sites with a future land use
designation of Parking (P), a zoning change or amendment will be required if they are
designated GU in order to have residential uses.
The GU zoning only allows government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and
culturalfacilities; monuments and memorials. Residential uses within a main use garage
would not be permitted by the present Comprehensive Plan and zoning regulations, and
requires an amendment to the permitted uses in the future land use category and a
change to the zoning designation that would allow the desired residential use as a main
permitted use.
It is proposed that the Parking (P) future land use category be amended to allow for
residential uses subject to the density of the lowest abutting residential land use
category. lt is also proposed that the subject property be rezoned from "GU Government
Use District" to the 'RM-2 Residential, Medium lntensity" district, as that would allow
both the residential use and parking garages. The proposed changes are compatible
with the properties abutting the site along Collins Avenue and Harding Avenue which are
zoned for multifamily residential uses.
City Charter lssues
The request for changing the Zoning Map of the City is affected by the following City
Charter provision: Sections 1.03 (c), which partially states:
The floor area ratio of any property or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as ff exisfs on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by viftue of development agreements through the full term of
such agreements, unless such increase ln zone floor area ratio for any such
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
ln review of the floor area ratio (F.A.R.) limitation on the subject parcels, which are
currently zoned GU (Government Use), the following applies:
Sec. 142-425 (a). Development regulations.
484
Commission Memorandum
226 ?lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
trchn tanr 1 1 2O1 5 Peaa 4 ol I
The development regulations (setbacks, floor area ratio, sbns, parking, etc.) in
the GU governmenf use district shall be the average of the requirements
contained in the surrounding zoning dr'sfrlcfs as determined by the planning and
zoning director, which shall be approved by the city commission.
The abutting zoning of the subject parcel, which is used to calculate the F.A.R. of the
parcel, is RM-2, which allows a maximum F.A.R. o12.0. As the proposed zoning change
to RM-2 does not increase the established F.A.R. for the subject parcels, the requested
amendment complies with the requirements of the referenced Charter provision, subject
to City Commission approval. ln addition, the proposal is for a main use garage, which
is not subject to the F.A.R. limits of the underlying zoning district pursuant to Section
130-68 (6) of the Land Development Regulations.
Gomprehensive Plan lssues
This application includes a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shallfollow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
lnterlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The Parking (P) future land use category as
proposed will allow a density limited by the lowest abutting residential district, which in
this case will be that of RM-1 or 60 units per acre. The lot area of this parcel is 0.35
acres. Based upon this data, the maximum number of units that could be developed for
this area is 21 units. The 0.35 acre lot to the south (7925 Collins Avenue) with an
underlying RM-2 future land use designation allows for a maximum density of 100 units
per acre, or a total of 35 units. At this time, it is expected that the proposal for the
combined site will contain approximately 24 units, which is less than the maximum
number of units allowed on the existing RM-2 site.
Final site plan approval is contingent upon meeting Public School Concurrency
requirements and the applicant will be required to obtain a valid School Concurrency
Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools.
Such Certificate will state the number of seats reserved at each school level. !n the
event sufficient seats are not available, a proportionate share mitigation plan shall be
incorporated into a tri-party development agreement and duly executed prior to the
issuance of a Building Permit.
PLANNING BOARD REVIEW
On August 26,2014, the Planning Board (by a 6-0) transmitted the proposals to the City
Commission with a favorable recommendation
485
Commission Memorandum
226 7lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page 5 ot 9
FISCAL 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, and
should increase the property's value, as new development is added to the City's tax
rolls.
SUMMARY
The proposed amendment to Policy 1.2 of the Future Land Use Element of the City's
Comprehensive Plan and the change to the Zoning Map will allow for a main use parking
garage with residential and commercial components, which would add value to the site
as well as be a visual and aesthetic improvement to the neighborhood. These
amendments must be processed together, as they are interrelated to one another,
however, separate motions must be made for each application.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
JLM/JMJ/TRI,URAM
T:\AGENDA\2O15\February\226 87th Terrace Comp Plan Amnd and Zoning Change - 1st Reading MEM O&C.docx
486
Commission Memorandum
226 ?fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page 6 of 9
Aerial
Location:
22687th Terrace
487
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 1 1, 201 5 Page 7 ol 9
Future Land Use
300 Feet Location:
22647l}l. Terrace
f-S.u.r-f-s
CitY Limits
488
Commission Memorandum
226 ?y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page I ot 9
Zontng (Existing)
T o w n lo-f-S.u.r-f-s-i'il e
CitY Limits
75 150 Location:
226871h Terrace
489
Commission Memorandum
226 |lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
February 11,2015 Page 9 ot 9
Zoning (Proposed)
Location:
226A7fi Terrace
f-5.il.r-f-s-
CitY Limits
490
COMPREHENSIVE PLAN - PARKING CATEGORY
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY ,l.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES tN SECTTON 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE PARKING (P) FUTURE
LAND USE CATEGORY TO ALLOW FOR RESIDENTIAL USES WHEN
ABUTTING A LAND USE GATEGORY THAT PERMITS SUCH
USES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABIL!TY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, the City of Miami Beach seeks to ensure that main use parking
garages are compatible with surrounding neighborhoods and uses; and
WHEREAS, amending the Future Land Use category of the subject parcel as
provided herein is necessary to ensure the development of that property will be
compatible with development in adjacent and surrounding areas, and will contribute to
the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the subject parcel as provided herein will ensure that new
development is compatible and in scale with the built environment, and is in the best
interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive PIan Future Land Use Element:
Parking (P)
Purpose. to provide development opportunities for existing and new parking facilities.
Uses which may be permitted; Parking facilities. residential and commercial uses when
located on frontage opposite a land use category that permits residential or commercial
uses.
Densitv Limits for anv residential use shall be equivalent to the least intense densitv limit
of the abuttinq residential future land use district.
491
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION3. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SEGTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3184(3) F.S.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading/Transmittal: March 11, 2015
Second Reading/Adoption: April 1 5, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rike$reugh = deleted language
T:\AGENDA\2015\February\226 87th Terrace Comp Plan Amnd - 1st Reading ORD.docx
2015.
492
REZONING _226 87TH TERRACE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENCED IN SECTION 142.72 OF THE
CODE OF THE CITY OF MIAMI BEAGH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFIGATION FOR THE PARCEL
LOCATED AT 226 87TH TERRACE, FROM THE CURRENT ZONING
CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO THE
PROPOSED ZONING CLASSIFICATION OF RM.2, "MULTIFAMILY
RESIDENTIAL, MEDIUM INTENSIW"; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, changing the zoning classification of the subject parcel as provided
herein is necessary to ensure the development of that property will be compatible with
development in adjacent and surrounding areas, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that new development
is compatible and in scale with the built environment, and is in the best interest of the
City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. MAP AMENDMENT. The following amendments to the City's zoning map
designations for the properties described herein are hereby approved and adopted and
the Planning Director is hereby directed to make the appropriate changes to the zoning
map of the City:
A parcel of land generally located at 226 87th Terrace, of approximately
15,313 square feet (0.35 acres), as depicted in Exhibit uA,'from the
current GU "Government Use District," to the proposed zoning
classification RM-2, "Residential Multifamily, Medium lntensity".
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
493
SECTION3. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the Future Land Use Map of the City's Comprehensive Plan.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: March 11,2015
Second Reading: April 15,2015
Verified By
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\20't5\February\226 87th Terrace Rezone - 1st Reading ORD.docx
2015.
494
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495
l{lAl,{ HERAI"D I MiamiH€nld.com rE TI]URSDAY.JANUARY2g,20E I st{E
r.-. r-, i
::_tli;rsl.{
CITY OF MIAMI BEACH CITY COMMISSION
NOTICE OF PUBLIG HEARINGS
NOTICE OF AMENDMENTTO THE FUTUBE
LAND U$E MAP (FLUM} OFTHE
CIW OF MIAMI BEACH COMPHEHENSIVE PLAN
AND ZONING MAP CHANGES
NOTICE lS HEREEY given that publlc hearings wlll be heard by the Mayor and City
Comrnission of the City of Miami Beach, Florida, in the Commission Chambers.3rd Floor,
CityHall, lTOOConvention CenterDrive, Miami Beactr, FIorida, onWednesday, February tl,
2Ol5 at 5:02 p,m., or as soon thereafter as the matter can be heard, to consider:
226 87thl€rrace - Parking (P) Category Comprehensive Plen Amendment
An OrdinanceArnending Policy 1.2 OfThe Fqture Land Use ElementOfTh€ Comprehensive
Plen PursuantToThe Procedures ln Section 163.3184(3), Florida Statutes, By Modifying
The Parking {F) Future Land Use CategoryToAliow For Residential UsesWhenAbuttingA
Land Use CategoryThat Permits Such Uses; Providing For Inclusion lnThe Comprehensive
Plan;Transmittal; Repealer; Severability; And An Effectjve Date.
226 STthTerrace - Zoning Map Changes
An OrdinanceAmendingThe Official Zoning Distrkt Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By ChangingThe Zoning District
Classification For The Parcel Locsted At 226 87fi Terrace, From The Current Zoning
Classification Of GU. 'Government Use District;ToThe Proposed Zoning Classification Of
RM-2, "Multifamily Sesidential, Medium lntens'ity;" Providing For Codification; Repealer;
Severabi lity; And An Effectlve DAe.
lnquiries may be directed to the Planning Depaftment at 3A5.673.755A.
INTERESTED PARTIES are invhed to sppear at this me€ting, or be represented by an
agent, or to express their views in writing addressed to the City Commisslon, cJo the
Clty Clerk, 1700 Convention Center Drive. 1"'Floor. City Hall, Miami Besch, Florida 33139.
These items are av6ilable for public inspeaion during normal business hours in the City
Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida
33139. These items may be continued, and under such circumstances, additlonal legal
notice fleed not be provided.
Pursuant to Section 286.0105, Fl€. Stat.. the City hereby advises the public thet if a person
decides to appeal any decision made by the C'rty Commisslon with respect to any mstter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which recorrd includes the testirnony end evldence upon
which the sppesl is to b* based.This notice does not constltute consent by the City for
the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does
it outhorize challenges or appesls not otherlyise ollowed by law,
To requestthese material in alternate forrnat, sign language interpreter (five-day notice
required), information on accessfor personswith disabilities, and/or any accommodationto review any document or particip€te in any city-sponsored proceedings, call
305.604.2489 and select 1 for English or 2 for Spanish, then option 6;TTY users may call
via 711 (Florida Relay Service).
Rafael E. Granado. City Clerk
City of Miami tseech
496
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Land Development Regulations by amending
the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the
RM-2 zoning district, and amending the regulations for signage and main use parking garages located
on non-oceanfront lots in the RM-2 district.
Clerk's Office
T:\AGEN DA\20 1 5\February\RM-2 Modifi cations 250 feet from - 1st Reading
AGENDA ITEM R5 H
o,ril 2-ll-l{
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o oi residential respondents and
businesses rate the effort put forth by the City to is "about the rioht amount."
Item Summary/Recommendation :
FIRST READING- PUBLIC HEARING
The proposed Ordinance amendments would:
1. Amend the list of accessory uses, conditional uses, and setback requirements for oceanfront
properties in the RM-2 zoning district;
2. Amend the regulations for signage located on non-oceanfront lots in the RM-2 district;
3. Amend the regulations for main use parking garages located on non-oceanfront lots in the
RM-2 district.
The Administration recommends that the City Commission open and continue the proposed
Ordinance to a date certain of April 15.2015.
On August 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2201).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet
Thomas Mooney
MIAMIBEACH 497
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Ordinance Amendments:
1. Ghapter 142 - RM-2
Space Park (NSOSP)
regulations within 250' of North Shore Open
2. Ghapter 130 - RM-2 main use garage regulations within 250' of NSOSP
3. Ghapter 138 - RM-2 main use garage signage regulations within 250'
of NSOSP and Gity ldentification Signs
ADMINISTRATION RECOMM EN DATION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
BACKGROUND
On June 11, 2014, at the request of Commissioner Deede Weithorn, the City
Commission referred this request to the Land Use and Development Committee (ltem
C4K). Additionally, the matter was referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed ordinances.
On November 19, 2014, the City Commission opened and continued the items on First
Reading to a date certain of December 17,2014. On December 17,2014, the item was
continued to a date certain of February 11,2015.
ANALYSIS
Three separate ordinances are attached. The first amends Chapter 142 to modify RM-2
regulations within 250' of North Shore Open Space Park (NSOSP). The second amends
Chapter 130 to establish regulations for RM-2 main use garage with at least 100 public
spaces within 250' of NSOSP. The third amends Chapter 138 to modify RM-2 main use
garage signage regulations within 250' of NSOSP and establish procedures for City
!dentification Signs.
The attached Ordinance amending Chapter 142 proposes the following modifications for
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
the City
FIRST READING - PUBLIC HEARING
498
Commission Memorandum
Ordinance Amendment - Regulations adjacent to North Shore Open Space Park
February 11,2015 Pase 2 of 3
properties zoned RM-2, located within 250 feet of North Shore Open Space Park, and
fronting the Atlantic Ocean:o Allows for outdoor bar counters as an accessory for hotels.o Allows for a 0 foot setback for driveway or walkways not exceeding 30 feet in
width that provide access between lots.o Modifies Tower setbacks to 0.1 feet for every foot in height above 50 feet up to a
maximum of 50 feet.o Allows for neighborhood impact establishments as an accessory use to hotels
through a conditional use permit.
The attached Ordinance amending Chapter 130 proposes the following regulations for
non-oceanfront main use garages with at least 100 public parking spaces for properties
zoned RM-2 located within 250 feet of North Shore Open Space Park:o Allows for residential or commercial uses to be incorporated into the garage, not
exceeding 35 percent of the total floor area.o Requires that a minimum of 50 percent of the total floor area be used for parking,
exclusive of any required parking for other on-site uses.. Requires that parking for any on-site commercial or residential uses be provided
on site.. Removes parking requirements for ground floor restaurant or retail uses.o Allows for a75 foot height limit.o Allows for front and side street setbacks to be 0 feet.
Finally, the proposed Ordinance amending Chapter 138 proposes the following
regulations:o Allows for ground floor commercial uses to follow CD-2 signage standards in
non-oceanfront main use garages on properties zoned RM-2 within 250 feet of
North Shore Open Space Park.. Establishes procedures for the City to erect City ldentification signs at City
Entrance Points with approval by the Design Review Board (DRB) or Historic
Preservation Board (HPB) as applicable.
The proposals allow for additional flexibility in the design of residential towers and main
use garages. The City expects a proposal for a mixed-use main use parking garage on
87th Terrace to be brought forth for consideration soon. Additionally, any and all new
development found under the purview of this ordinance amendment must still comply
with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposal to the City
Commission with a favorable recommendation
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
499
Commission Memorandum
Ordinance Amendment - Regulations adjacent to North Shore Open Space Park
trahnnnr 11 )O15 Pene ?af 3
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property values, as it will encourage new development to be added
to the City's tax rolls.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
JLM/JMJ/TRM/RAM
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500
RM.2 REGULATIONS WITHIN 250 OF NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRIGTS AND
REGULATIONS," ARTICLE ll, "DISTRIGT REGULATIONS," DIVISION 3
"REStDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION lV, "RM-2
RESIDENTIAL MULTIFAM!LY, MED!UM INTENSITY," BY AMENDING
SEGTIONS 142-215, "PROHIBITED USES," AND 142-219, "SETBACK
REQUIREMENTS," IN ORDER TO PERMIT OUTDOOR BAR COUNTERS AS
ACCESSORY USES IN OCEANFRONT HOTELS IN THE RM.2 DISTRIGT;
ALLOWING FOR THE MODIFICATION OF INTERIOR SIDE SETBACK
REQUIREMENTS FOR DRIVES OR SIDEWALKS; PROVIDING ACCESS
BETWEEN PARCELS IN THE RM-2 DISTRICT; MODIFYING THE INTERIOR
SIDE TOWER SETBACK REQUIREMENTS FOR OCEANFRONT RM.2
PARGELS WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 3
"ACCESSORY USES," BY AMENDING SECTION 142-902, "PERMITTED
ACGESSORY USES," TO PERMIT NEIGHBORHOOD IMPACT
ESTABLISHMENTS, AS CONDITIONAL USES FOR OCEANFRONT HOTELS
IN THE RM.2 DISTRICT, WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILIW; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage uses within oceanfront
hotels in the RM-2 zoning district in a manner consistent with other oceanfront hotel uses in the
City; and
WHEREAS, the Mayor and City Commission seek to limit the creation of new curb cuts
RM-2 zoning district by permitting internal driveways and walks to link adjacent parcels;
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
215, "Prohibited Uses," is hereby amended, as follows:
in the
and
501
Sec. 142-215. Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, and accessory open air entertainment
establishment,aSsetforthinarticleV,division6ofthischapter
Atlantic Ocean and located within 250 feet of North Shore Open Space Park.
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
218, "Setback requirements" is hereby amended as follows:
Sec. 1 42-21 8. Setback requirements.
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade parking
lot on the same
lot except where
(b) below is
applicable
20 feet 5 feet, or 5% of lot
width, whichever
is greater.
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfront
lots-S feet
Oceanfront lots-50 feet from
bulkhead line
Subterranean 20 feet 5 feet, or 5% of lot
width, whichever
is greater. (0 feet
if lot width is 50
feet or less)
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfront
lots-O feet
Oceanfront lots-50 feet from
bulkhead line
Pedestal 20 feet Except
lots A and 1-30
of the Amended
Plat lndian Beach
Corporation
Subdivision and
lots231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
Sum of the side
yards shall equal
160/o ol lot width;
Minimum-7.5
feet or 8% of lot
width, whichever
is greater. fo1
oroperties frontinq
the Atlantic
Ocean and
located within 250
feet of North
Shore Ooen
Soace Park. 0
feet for drivewavs
or walkways not
exceedinq 30 feet
in width providinq
access between
lots.
Sum of the side
yards shall equal
16% of lot width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots- 10% of lot
depth Oceanfront
lots-2O% of lot
depth, 50 feet
from the bulkhead
line whichever is
greater
502
Tower 20feet+ l foot
for every 1 foot
increase in height
above 50 feet, to
a maximum of 50
feet, then shall
remain constant.
Except lots A and
1-30 of the
Amended Plat
lndian Beach
Corporation
Subdivision and
lots231-237 of
the Amended PIat
of First Ocean
Front Srrbdivision
required
pedestal setback
plus 0.10 of the
height of the
tower portion of
the building. Thetotal required
setback shall not
exceed 50 feet.For orooerties
frontino the
Sum of the side
yards shall equal
16% of the lot
width Minimum-
7.5 feet or 8o/o of
Iot width,
whichever is
greater
Non-oceanfront
lots- 15% of lot
depth Oceanfront
lots-2S% of lot
depth, 75 feet
minimum from the
bulkhead linewhichever is
greater
Atlantic Ocean
and located within
250 feet of North
Shore Open
Soace Park. the
required pedestal
-50 feet setback plus 0.10
feet for every 1foot in heioht
above 50 feet to a
maximum of 50
feet.
SECTION 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations" Article
lV, "Supplementary District Regulations," Division 2 "Accessory Uses," Section 142-902 is
hereby amended as follows:
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a.Hotels not located in the RM-1 or RM-2 district are permitted to have
any accessory use that is customarily associated with the operation of a
hotel or apartment building.
Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open air entertainment establishments. Notwithstandino
the foreqoino, for properties frontinq the Atlantic Ocean and located within
250 feet of North Shore Open Space Park. neiohborhood impact
establishments mav be permitted as accessorv uses for hotels, in
accordance with the Conditional Use procedures in Chapter 1 18. of these
Land Development Reoulations.
b.
503
SEGTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION6. 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 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
20_.
Philip Levine, Mayor
First Reading
Second Read
. March 11,2015
ing: April 15,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2015\February\RM-2Chapterl42Modification250feetfromNSOSP -lstReadingORD.docx
504
PARKING REGULATIONS WITHIN 250 OF NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING GHAPTER 130, "OFF€TREET
PARKING," ARTICLE !!!, "DESIGN STANDARDS," By AMENDING SECTION
130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES," TO
ESTABLISH REGULATIONS FOR MAIN USE PARKING GARAGES
LOCATED ON NON.OGEANFRONT LOTS IN THE RM.2 DISTRICT WITH A
PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR GODIFIGATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage the development of
innovative mixed-use parking garages that will provide additional public parking in the area
adjacent to North Shore Open Space Park; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE GITY OF MIAM! BEACH, FLORIDA:
SECTION 1. Chapter 130 of the City Code, entitled "Off Street Parking" Article lll, "Design
Standards," Section 130-68, entitled "Commercial and noncommercial parking garages," is
hereby amended, as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall
be subject to the following regulations, in addition to the other regulations of this article:
(10) Parkino oaraoes orovidinq at least one hundred (100) public parkino spaces. located on
non-oceanfront lots in the RM-2 district. with a propertv line within 250 feet of a North
Shore Open Space Park:
a. Residential or commercial uses mav be incorporated into the qaraqe structure. ln
no instance shall the combined residential and commercial space exceed 35
percent of the total floor area of the structure.
505
b. ln no instance shall the amount of floor area of the structure used for parkinq,
exclusive of the required parkinq for the residential or commercial space in the
structure, be less than 50 percent of the total floor area of the structure. so as to
ensure that the structure's main use is as a parkino oaraqe.
c. All required parkino for anv commercial or residential use shall be provided within
the structure. Restaurant or retail uses open to the oeneral public that are located
on the first floor of the structure shall not be subiect to a parkino requirement.
d. The maximum heioht for the structure shall be 75 feet.
e. Setbacks shall be the same as the setbacks required for the RM-2 zonino district.
except that front and side street setbacks shall have a required setback of 0 feet.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECT!ON 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: March 11,2015
Second Reading: April 15,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2015\February\RM-2Chapterl30Modification250feetfromNSOSP -lstReadingORD.docx
20
506
SIGNAGE REGULATIONS WITHIN 250 OF NSOP
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING CHAPTER 138, "SIGNS," AT ARTICLE V,
"SIGN REGULATIONS BY DISTRICT"; AND ARTICLE Vl, "SPECIFIC USE
SIGNS," BY AMENDING SECTION 138.172, ENTITLED "SCHEDULE OF
SIGN REGULATIONS FOR PRINGIPAL AND ACCESSORY USE SIGNS," IN
ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND FLOOR
COMMERCIAL USES IN PARKING GARAGES LOCATED ON NON.
OCEANFRONT LOTS !N THE RM.2 DISTRICT, WITH A PROPERTY LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; AND CREATING
SECTION 138.206, ENTITLED "CITY IDENTIFICATION SIGNS AT CITY
ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROGESS
BY WHICH THE CITY MAY ERECT GIry IDENTIFICATION SIGNS NEAR THEClffS ENTRY AND EXIT POINTS; PROVIDING FOR GODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFEGTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission want to encourage the installation of
innovative City identification signs at the City's entry and exit points; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION {. Chapter 138 of the City Code, entitled "Signs," at Article V, "Sign Regulations by
District," under Section 138-172, entitled "Schedule of sign regulations for principal and
accessory use signs," is hereby amended, as follows:
507
Zoning
District
Number Awning/
Marquee
Flat Projecting Detached
(Monument)
Accessory Signs Special
Conditions
RS-1
RS-2
RS-3
RS4
Residential use:
One sign per
street frontage
that has copy
limited to the
name of the
building.
Not
permitted.
Residential use:
Six-inch letters.
Not
permitted.
Not
permitted.
Not permitted.30 square
feet for a
religious
institution,
public and
semipublic
USCS,
clubs or
schools.
RM-1
RM-2
RM-3
R-PS 1
R-PS 2
R-PS 3
R-PS 4
RO
TC-3
No more thanone sign
identifying the
main permitted
uses for each
street frontage.
Unless
otherwise listed
in section 138-
171, all signs
must front on a
street; however,
multiple street
front facing signsfor the same
licensed
oceanfront hotelor apartment
building within
the RM-3 districtmay be
permittedthrough the
design review or
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
Siqns for qround
floor commercial
uses in parkinq
qaraqes.
providinq atleast one
hundred (100)
public parkinq
spaces located
Ten
square
feet; the
height of
the letters
shall not
exceed 12
inches.
Not
permitted
in the RM-
3 district.
Not
permitted
in RO.
One per street
frontage; 20
square feet for
every 50 feet of
linear frontage, or
fraction thereof,
up to maximum
of 30 square feet.
Flat signs shall
not be located
above the ground
floor, except in
hotels and
apartment
buildings within
the RM-3 district.
Flat signs in
hotels and
apartment
buildings within
the RM-3 district
shall be limited to
the name of the
building or the
use that
encompasses the
largest amount of
floor area in the
building. Within
the RM-3 district,
and subject to the
review and
approval of the
design review
board or historic
preservation
board, as
applicable, one
building
identification sign
for hotels and
apartment
buildings two
stories or hiqher,
15 square
feet
Not
permitted
in RO.
15 square
feet,
however, if
sign is set
back 20 feetfrom front
propertyline, ateamay be
increased toa maximum
of 30 squarefeet. Polesigns are
not
permitted.
Existing pole
signs may
be repairedonly as
provided in
section 138-
10.
Notwithstanding theabove, a
detached
sign locatedona
perimeter
wall shall be
limited to
five squarefeet andshall nothave to
comply with
the setback
requirement
s of section
138-9. The
height and
size of the
monument
One sign for
each licensed
accessory use;
area of sign
shall not exceed75 percent of
the main use
sign, 20 square
feet maximum.
For hotels and
apartment
buildings in theRM-3 district,
one street front
facing flat signper every
licensed
accessory use
facing or having
direct access toa street or
sidewalk, 20
square feet for
every 50 feet of
linear frontage,or fraction
thereof, up to
maximum of 30square feet.
However,
multiple streetfront facing
signs for the
same licensed
accessory useof oceanfronthotel and
apartment
buildings within
the RM-3 districtmay be
permitted
through the
desiqn review or
1.
Maximumsize for
schools is
30 square
feet.2. Signs
shall not
have copy
indicating
prices.
3. An
exterior
directory
sign,
attachedto the
building
up to six
square
feet,
listing the
names of
all
licensed
uses
within the
building is
permitted;
sign
material
and
placement
shall be
subject to
approval
through
the design
review
process.
508
oceanfront lotsin the RM-2
district, with apropertv line
within 250 feet
of North ShoreOpen Space
Park shall be
subject to the
CD-2 standards.
located on the
parapet facing a
street, is
permitted with an
area not to
exceed one
percent of the
wallarea on
which it is placed.
Corner buildings
may provide one
combined sign
instead of the two
permitted signs.
This sign shall be
located on the
corner of the
building visible
from both streets
and shall have a
maximum size of
40 square feet.
Sions for qround
floor commercial
uses in oarkinq
oaraoes,
orovidino at least
one hundred
(100) oublic
parkino spaces
located on non-
oceanfront lots in
the RM-2 district.
with a prooertv
line within 250
feet of North
Shore Open
Soace Park shall
be subiect to the
CD-2 standards.
structureshall be
determined
under the
design
review
process
except as
provided
herein. lnthe RO
districts,sign arcashall not
exceed ten
square feet,and the
monument
structureshall not
exceed fivefeet in
height.
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
SECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by
Districts," Section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby
created to read as follows:
Sec. 138-206. Citv ldentification Sions at Citv Entrance and Exit Points.
The Citv mav erect freestandino or flat identification siqns on public or private prooertv at
or near the entrance and exit points to the Citv. The size, location, orientation, and desion of anv
such sions. whether located on public or private propertv. shall be aoproved bv the Desiqn
Review Board or. if the sions are located within an historic district, the Historic Preservation
Board.
509
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION5. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: March 11,2015
Second Reading: April 15,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
T:\AGENDA\2015\February\RM-2 Chapter 138 Modification 250 feet from NSOSP - 1st Reading ORD.docx
20
510
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I6}IE I THURSDAY,JANUARY29.2O]5 NE $'!nifl_€fa!{:!9m l-"x4u-.{Et tD
r--,,-..
liiriAl/rlSIACH
GITY OF MIAMI BEACH CITY COMMIS$ION
NOTICE OF PUBLIC HEARINGS
AN OHDINANCE TO AMEND THE LIST OF
ACCESSOHY USES, CONDITIONAL USES,
AND SETBACK REQUIREMENTS FOH
OGEANFRONT PROPERTIES IN THE RM-2
zoNtNG DtsTRrcl AND TO AMEND THE
REGULATIONS FOR MAIN USE PAHKING
GARAGES LOCATED ON NON.OCEANFHONT
LOTS IN THE RM-2 DISTRICT
i1O'IICE l$ HEHEBY given hd frblic hearLEE will be herd ry fte Mays drd City Cammbsidt of the City of
Mhmi 8ea*, Florida, h the Commissi:n ChanberX 3rd fbof City Hall, 17m Convention Certer Drive, Miami
Beach, Florila, g}ltlefio€dry, February 1'1,2015 d5S3 trm,or6 soon fieregfbr6 tlEmatte.can iE heard,
to corEhe:
RM.2 R€guffio{,s Wr$h 250 Feet Of NSO$P
An OrdlnnceAnpndhglhaCodeOfTheCity 0l hliamiBeactr, Florija, ByAmendirB Chaoter'l42, "Zmirg Distrjcls
A1d Rqulathnq" Atide Il, 'Distrbt Begu,atiirf,s," Divisbn 3 "R€sileflbl Muftiramily Disficts,' SJbdrvlsi$ lV,
'HM-2 Besideflthl Muhifznity, Medium lntensrty,' By Anredhg SectiorE 142-215, 'ffiribited !ses,'Afld 142-
218, "SstbackRequken€nb," ,n fte.Io Pemit Outdoor BarCoungsAsAcce€€ory U$€s ln Oceanfront l-h(eb
h Ih6 RM-2 Dtsbicii Allowhg For Modmcation Of Intsior Side Setback B€qulrcnEnts For Drives Or Sidanalks;
Providktg Access 8*wort Farcsls ln The RM-2 Obtict; l.,todifuhg'fte lntrior Sido TowerSetbackflequlernents
For Oceaflfmt f,M-2 Pareb Wiftin 250 Fmt Of Notir Shre Opn Spae Pari; By Amding Chaot* 142,
"Zorhg Disfbls And ReguhtlDns.'' Articb M "SuOplefilentny oisuict Be$]lati:ns,. Divisbn 3 'Accssory lJses,"
EyAmerdhg Sectim 142-902, "Permitted Accessory tJseao To Permit Nei;hbahood lmpact Establi.trmerts, As
Conditifial Uses For oceafro.rt Hobls tn The RIV!-2 Drstnct Wihin 250 Feet Of llorth Shore &sfl Space Parki
ProvUirp Fu Codificatim; Repeab{ Ssverabilrtyi A{d An Efecti!ts BatE.
PrLtlg RegrMonowlt,lln 250 Fe6l SI{SOSP
Ar Ordharce Arnendhg 'lhe Code Of lhe Ctty Of Mlaai Beeh, Florlda 8y Amendlng Chapter 130, "Cfi-Ete€t
Parkinq,'Atlcle lll,'Deslw Srandads," Bylsnendhg S€ctim 13tr68,'CornrErcialArd f{oncorrnerclal Parking
Gtr4e6," Io Eslablish Roguletions For Main Use Parkhg Ganges. Locabd 0n Non-oceaflfont LotB h The
RM-? 0lsilct Wlfi A Pmpetty LlnoW$rh ?50 Feet Ol lhrh Stnreop€rr Spaee Park; Providlng Fcroodncatiot!;
ffepeabq Severability; Ard An Effective Date,
,|q/'/,d?s rey be diqcredb lhe Plan{ng DerE,finert. et305.673.7550.
1NTEBESTED PAHTIES ffi invlEd to appe4 at ihls m€ethg, or b€ rcilBsEnted ry e agent, tr to erp6 treir
vi*{s h writi4g ddressed tofie City Comnhsion, c/o $E City Chrk 1700 Convention Cefltrr Dive, Ic Floor, City
liall, Miami Bsach, Flodda 33139. IhEse iterrc alts availabb for oublic hsp€ctior dwhg rEnnal hrshess hours h
lhe O[]c*0t fie CilyC$k, 1700 Convelrticn Cs]H Ddve, 1irFloor, City Hall, lvfinniBeactr, Fbrida 33130, Tfi66
itffls mqy be c6ntintEd, ald und€r gtlch cirDumstanceq additlonal legal notice ne€d not be prwid6d.
fursuait io S€ctsr ,80,01ffi, Fla Sfat., he Crty her€ry advEes hs Dublb thd if a p€rson docldes h appaal
any dBciEbn mad6 by fio City Cdrrnissbn with re6pect to any matEr cof,6idered at ib m€€thg or its h€arhg,
stich p€rson nusf sNre tl* a wbatim record of ti'E proceedhgs b rnads, whEh rEcdd hcludes lie testimfiy
atd evidence uoor wirich the app€ai b to be based. Ihis notiee does not constifute consefit by he City hr fie
irfrodJction or a*]lissbn o, other..vise hacnlllslble or itlekdlt ev6s16e, nor does it althoilze ciallenges or
apoeals not otrwis albwed by law.
To reqJest fise mderial h alternata format, sign tanguage intsprets (ffle,day flotlcsrBqui€d), iTfcrmatim on
ac'cess for perscns witr disbilitieB, rrd/or any accommodatbn b review any doa:rnsrt or oartbipale h aly
clty-sponsorcd prueeedhgs, call 305.604.2489 ad selec{ I for English or2 lo{ SFanish, rhefi oatim 6i TfY l.E€rs
mry call vla 71 ,, (Fl.rida Helay srvice)
Bdael E.Gril ado, citytb*
512
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to the Land Development Regulations by
amending the requirements and standards for a covenant in lieu and by providing a definition for
unified site.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
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 Summarv/Recommendation :
FIRST READING
The proposed Ordinance amendment would create a definition for a "Unified Development Site".
The Administration recommends that the City Commission: 1) open and continue First Reading for the
proposed Ordinance to a date certain of April 15,2015; and 2) Refer the item to the Planning Board
for further modifications.
Board Recommendation:
Financia! !nformation:
On September 23, 2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2214).
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 long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
A.ssistant C ity Manager
T:\AGENDA\201S\February\Unified Development Site - 1st Reading O&C SUM.docx
MIAMIBEACH AGENDA ,r., 85J -o^rE 2-ll- li513
MIAMIBEACH
City of ltiqmi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: February 11,2015
SUBJECT: Definition of a Unified
AN ORDINANCE OF THE MAYOR AND CIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER I18,..ADMINISTRATION AND REVIEW PROCEDURES," ARTIGLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A GOVENANT !N LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFIGATION, REPEALER,
SEVERABIL!ry AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue First
Reading for the proposed Ordinance to a date certain of April 15, 2015; and refer the
item to the Planning Board for further modifications.
HISTORY / BACKGROUND
On March 1, 2013, the Board of Adjustment granted an appeal of an Administrative
Decision of the Planning Director, which denied a proposed transfer of Floor Area (FAR)
for a project on a multi-property site. The Administrative Determination, dated April 10,
2012, concluded that a proposed unification of three properties on Collins Avenue
through the use of a proposed 'Covenant in Lieu of Unity of Title' was not a true "Unified
Development Site" as required by Section 118-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded that
the language of section 118-5 did not restrict the proposed unification and granted the
appeal. The Board then suggested that refinements be considered to more clearly
restrict the unification of unrelated properties for transfer of floor area.
On June sth, 2013, at the request of Commissioner Tobin, the City Commission referred
a discussion item to the Land Use and Development Committee, pertaining to the
section of the City Code governing Unities of Title and Covenants in Lieu of Unity of
Title. On April 9, 2014, the Land Use and Development Committee recommended that
an Ordinance be referred to the Planning Board to amend the requirements and
standards for a 'Covenant-ln-Lieu' by providing a definition for a "Unified Development
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the city.(,,rr,o.
D)
FI READING - OPEN & GONTINUE
Site
514
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 2 of 4
Site." On September 10, 2014, the City Commission referred the subject Ordinance to
the Planning Board.
The following is a summary of the relevant Charter and City Code provisions, and
instruments, pertaining to a Unity of Title and a Covenant in Lieu of Unity of Title:
Miami Beach Citv Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio
of any property from being increased by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists currently, without being approved by a public
referendum. This underlying principal has been a critical component in the overall
policymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of growth and development.
This Charter provision does include an exception for the division of lots, or the
aqqreqation of develooment riqhts on unified abuttinq parcels. as mav be
permitted bv ordinance. The ordinance referred to is Section 118-5 of the Land
Development Regulations of the City Code, which discusses unities of title, or covenants
in lieu of unity of title, for multiple buildings proposed for a single lot or for single or
multiple buildings proposed for a unified development site consisting of multiple lots.
Section 1 18-5 - Unitv of Title: Covenant in Lieu Thereof
When a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owner(s) of the [phase] or portion of the property
for which modification is sought, all owners within the original unified
development site, or their successors, whose consent shall not be unreasonably
withheld, and the director of the city's planning department; provided the director
finds that the modification would not generate excessive noise or traffic, tend to
create a fire or other equally or greater dangerous hazard, or provoke excessive
overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the
modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owner(s) of the
phase or portion of the property for which modification is sought shall be
permitted to seek such modification by application to modify the plan or covenant
at public hearing before the appropriate city board or the city commission of
Miami Beach Florida, (whichever by law has jurisdiction over such matters). Such
application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation,
physical condition or site plan shall also be required to return to the appropriate
development review board or boards for consideration of the effect on prior
approvals and the affirmation, modification or release of previously issued
approvals or imposed conditions.
515
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 3 of 4
2. That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, provisions and
conditions of the declaration of restrictive covenants. The owner shall further
agree that he or she will not convey portions of the subject property to such other
parties unless and until the owner and such other party or parties shall have
executed and mutually delivered, in recordable form, an instrument to be known
as an "easement and operating agreement" which provides for easements
between the parcels. These can contain among other things:
a. Easements in the common area of each parcel for ingress to and egress
from the other parcels;
b. Easements in the common area of each
parking of vehicles;c. Easements in the common area of each
accommodation of pedestrians;
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
areas in each such parcel;f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
g. Easements upon each such parcel in favor of each adjoining parcel for
the installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footings, supports and
foundations;
Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;
Appropriate reservation of rights to grant easements to utility companies;
Appropriate reservation of rights to road right-of-ways and curb cuts;
Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as to
the obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
ANALYSIS
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes,
and do not always have floor area implications. ln some instances they are just for the
unification of properties of multiple ownerships for easement purposes. However, when
floor area is implicated, it becomes important to examine the charter language, where
the phrase "unified abutting parcels" becomes pertinent.
When the phrase "unified abutting parcels" is used, along with the covenant in lieu of
unity of title, it becomes possible to transfer floor area between different ownerships of
parcel for the passage and
parcel for the passage and
h.
i.
j
k.
t.
m.
516
Commission Memorandum
Ordinance Amendment - Definition of Unified Development Site
February 11,2015 Page 4 of 4
abutting parcels. The term "abutting parcels" usually refers to parcels that have lot lines
that touch, not separated by a street or alley. However, regardless of ownership, the
amount of FAR permitted by the Code cannot be increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an
effective planning tool in terms of providing flexibility for the distribution of allowable floor
area within a defined site. Moreover, the existing code does not permit a net increase in
overall FAR, should multiple sites be combined through either a covenant in lieu, or
other legal mechanisms. ln order to continue to provide a flexible planning mechanism, it
is recommended that the term "Unified Development Site" be defined as follows:
"A site where development is proposed comprising multiple lots with all
lots touching and not separated by another lot, street, sidewalk or alley".
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY / UPDATE
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use Committee for further discussion and input. The subject
Ordinance, based upon the initial referral, pertains only to the creation of a definition for
a "Unified Development Site". After further review of the relevant section of the City
Code (section 118-5), and in consultation with the City Attorney's Office, the
Administration suggested further review and modifications to the whole Section, as
opposed to simply adding a definition.
On January 21, 2015, the Land Use Committee discussed the proposed revisions to the
Ordinance, as well as a companion Ordinance pertaining to Lot Splits and Form of
Ownership. The Land Use Committee recommended that both items be referred to the
Planning Board for consideration. As such, the Administration would recommend that
the Commission open and continue the item, and re-refer the matter back to the
Planning Board to allow for additional study and appropriate modifications.
GONGLUSION
ln accordance with the January 21,2015 recommendation of the Land Use Committee,
the Administration recommends that the City Commission:
1. Open and continue First Reading for the proposed Ordinance to a date certain of
April 15,2015; and
2. Refer the item to the Planning Board for further modifications.
JLM/JMJ/TRM
T:\AGENDA\201S\February\Unified Development Site - 1st Reading O&C MEM.docx
517
DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MlAM! BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry CODE, BY AMENDING GHAPTER 118,
"ADM!NISTRATION AND REVIEW PROCEDURES," ARTICLE l, ,,lN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU OF
UNITY OF TITLE," BY AMENDING THE REQUIREMENTS AND STANDARDS
FOR A COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR
UNIFIED DEVELOPMENT SITE; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILIry AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the City's Land Development Regulations have been promulgated to
provide for compatibility of new development within the built context of the City of Miami Beach;
and
WHEREAS, the Land Development Regulations contain certain provisions that govern
Covenants in Lieu of Unity of Title and Unified Development Sites.
WHEREAS, the City seeks to define "Unified Development Site" and to further clarify the
provisions relating to Unity of Title or Covenant in Lieu of Unity of Title.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter llS, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 1 18-5. Unified Development Site defined: Unity of title; covenant in lieu thereof.
The term "unified development site" shall be defined as a site where a development is proposed
and consists of multiple lots, with all lots touchino and not separated bv a lot under different
ownership, or bv a public riqht of wav. A "Unified Development Site" does not include anv lots
separated bv a public riqht-of-wav or anv non-adiacent. non-contiguous parcels.
All applications for building permits where ms{tipb buildings are proposed for a single lot or
where sins{€-€r-mul+ipl,a a buildinq or buildinos are proposed for a unified development site
@,shallbeaccompaniedbyoneofthefollowingdocuments:
Fer purpeses ef thl
bY anether lot: str
1of5
518
(1) Unitv of Title. A unitv of title shall be utilized when there is onlv one owner of the entire
unified development site. TheA unity of title. which shall be approved for legal form and
sufficiency by the eCity afttorney, whieFshall run with the land and be binding upon the owner's
heirs, successors, personal representatives and assigns, and upon all mortgagees or lessees.
and others presently or in the future having any interest in the property; or
(2) Covenant in Lieu of Unitv of Title. A covenant in lieu of unitv of title or a A declaration of
restrictive covenants, shall be utilized when the unified develooment site is owned bv multiple
owners or is proposed for multiple ownership includino, but not limited to, a condominium form
of ownership. alse-ealled-a The covenant in lieu of unity of title shall be approved for legal formandsufficiencybytheeCityaAttorney.shallrunwith
the land and be binding upon the owner's heirs, successors, personal representatives and
assigns, and upon all mortgagees and lessees and others presently or in the future having any
interest in the property. The deela+atien covenant shall contain the following necessary
elements:
a. The subjeet-+ite unified development site shallwill be developed in substantial
accordance with the appr€ved site plan; after ene has been submitted and appreved
iens which shall be submitted to the City's
planning department and shall be approved by the department.
b-++a+-tNo modification shall be effectuated without the written consent of the then
owner(s) of the unified development site for which
modification is sought-;g
c. Standards for reviewinq a modification. A modification mav be requested, provided
all owners of within the original unified development site, or their successors, u/hese
execute the application for modification.
l'he -anC-+hedirector of the city's planning department shall review the application
and determine whether the request is for a minor or substantial modification. lf the
request is a minor modification. the modification mav be approved administrativelv bv
the plannino director. lf the modification is substantial. the request will be reviewed
bv the applicable board. after public hearinq. This application shall be in addition to
all other required approvals necessarv for the modification souqht.
O A minor modification ffirevi ien is one
lha!_would not generate excessive noise or traffic;, tend to create a fire or
other equally or greater dangerous hazard;, er-provoke excessive
overcrowding of people;, er tend to provoke a nuisance;, ner nor be
incompatible with the area concerned, when considering the necessity and
reasonableness of the modification in relation to the present and future
development of the area concerned. Sheuld the direeter withheld sueh
medifieatien is s ien-by
(whiehever by law has jurisdietien ever sueh matters)r W
ien
@iens te the preperty's use, eperatien, physieal
ier
2of5
519
@iens=
(l) A substantial modification is one that would create the conditions identified
above at subsection (i). A substantial modification also includes a request to
modifv the uses on the unified development site: the operation: phvsical
condition: or site plan. All such substantial modifications shall be required to
return to the appropriate development review board or boards for
consideration of the effect on prior approvals and the affirmation. modification
or release of previouslv issued approvals or imposed conditions.
db. if lf the unified development site@ is to be developed in phases,
that each phase will be developed in substantial accordance with the approved site
plan.
Ce. Thatiln the event of multiple ownerships subsequent to site plan approval, that each
of the subsequent owners shall be bound by the terms, provisions and conditions of
the covenant in lieu of unity of title . The ownerg
shall further agree that thev will not convey portions of the subje€t property
to sueh other parties. unless and until the owners and such other pady e+ parties
shall have executed and mutually delivered, in recordable form, an instrument to be
known as an "easement and operating agreement" which shall include, but not be
limited toeentain arneng eth ings:
i. Easements for in the common area(s) of each parcel within the unified
development site for ingress to and egress from the other parcels;ii. Easements in the common area(s) of each parcel within the unified
development site for the passage and parking of vehicles;iii. Easements in the common area(q) of each parcel within the unified
development site for the passage and accommodation of pedestrians;iv. Easements for access roads across the common area(s) of the unified
development site {eaen}pared to public and private roadways;v. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate areas in the
u n ified devel opm ent s ite eaeh-euehl+areel;vi. Easements on each sueh parcel within the unified development site for
construction of buildings and improvements in favor of each sueh other parcel;
vii. Easements upon each sueh parcel within the unified development site in
favor of each other aCiein+ng parcel for the installation, use, maintenance, repair,
replacement and removal of common construction improvements such as
footings, supports and foundations;
viii. Easements on each parcel within the unified development site for attachment
of buildings;
ix. Easements on each parcel within the unified development site for building
overhangs and other overhangs and projections encroaching upon such parcel
from the other adjeining parcels such as, by way of example, marquees,
canopies, lights, lighting devices, awnings, wing walls and the like;
x. Appropriate reservation of rights to grant easements to utility companies;
xi. Appropriate reservation of rights to road right-of-ways and curb cuts;
xii. Easements in favor of each sueh parcel within the Unified Development Site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
3of5
520
xiii. Appropriate agreements between (or amonq) the owners of the several
pe+€e+s unified development site as to the obligation to maintain and repair all
private roadways, parking facilities, common areas and common facilities and the
like.
xiv. Such other provisions with respect to the operation. maintenance and
development of the unified development site as to which the parties thereto mav
aqree. or the planninq director mav require, all to the end that althouqh the
unified development site mav have several owners, it will be constructed,
conveved. maintained and operated in accordance with the approved site plan.
The plannino department shall treat the unified development site as one site
under these Land Development Requlations. reqardless of separate ownerships.
These provisions or portions thereof may be waived by the plannino director if they are not
applicable to the subject property (such as for conveyances to purchasers of individual
condominium units). These provisions of the easement and operating agreement shall not be
amendedwithoutpriorwrittenapprovalofthee9itya{ttorney.
eperating agreement shall eentain sueh ether previsiens with respeet te the eperatien,
Aireeter may requirc
The department shall treat the unified site as ene sile under these land develepment
ips,
fd The covenant in lieu of unitv of title shall be in
effect for a period of 30 years from the date the documents are recorded in the
public records of Miami-Dade County, Florida, after which time they shall be
extended automatically for successive periods of ten years unless released in
writing by the then owners and the director, acting for and on behalf of Miami
Beach, Florida, upon the demonstration and affirmative finding that the same is no
longer necessary to preserve and protect the property for the purposes herein
intended.
fe Enforcement of the covenant in lieu of unitv of
title shall be by action at law or in equity with costs and reasonable attorneys' fees
to the prevailing party.
***
SEGTION 2. 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 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
4of5
521
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: February 11, 2015
Second Reading: March 11,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ike+nreugh denotes deleted language
- ORD First Read OC.docx
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
F:\ATTO\BOUE\Ordinances\Unifi ed Development Site
5of5
522
b
-OFFICE
tu\iA,V\lBIACH
OF THE CITY ATTORNEY
RAUI AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: ALEKSANDR BOKSNER, FTRST ASSISTANT CITY ATTORNEP
DATE: FEBRUARY 11,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY AMENDING ARTICLE XVI
TITLED "NUDE DANCE ESTABLISHMENTS," BY GREATING
SECTION 18.914 THEREOF TO BE ENTITLED "COMPENSATTON
STANDARDS FOR WORKERS AND PERFORMERS," WHICH
PROVIDES REQUIREMENTS REGARDING THE METHOD OF
COMPENSATION FOR THOSE WORKERS AND PERFORMERS IN
NUDE DANCE ESTABLISHMENTS; AND AMENDING SECTION 18-915
ENTITLED ..ENFORCEMENT; PENALTIES,,, BY SETTING FoRTH
PENALTIES FOR A VIOLATION OF SECTION 18-914; PROVIDINGFOR REPEALER; SEVERABTLTTY; COD|F|CATION; AND AN
EFFECTIVE DATE.
The City Manager and City Commission passed Ordinance No. 2015-3917, to prevent
the possibility of human trafficking in those nude dance establishments operating within
the City of Miami Beach. The State of Florida has experienced elevated incidents of
human trafficking, which includes the exploitation of victims that are trafficked for sex or
sexual performances, in adult entertainment businesses and establishments.
Commissioner Tobin seeks a further vital protection of the public health, safety and
welfare, and is proposing this Ordinance amendment to better protect those that might
become victims to trafficking for sex or sexual performances in adult entertainment
businesses and establishments.
This Ordinance will serve to establish compensation requirements, and protect workers
and performers in nude dance establishments, and prohibit third persons or parties from
receiving monetary compensation for those workers or performers at the nude dance
establishments.
AB/sc
FIRST READING
PUBLIC HEARING
Agenda rtem Rff,-
oate 2-ll-l{523
ORDINANCE TO BE SUBMITTED
524
R7
RESOLUTIONS
525
R7 - Resolutions
R7A A Resolution Adopting The Second Amendment To The General Fund, Enterprise Fund,
lnternal Service Fund And Special Revenue Fund Budgets For Fiscal Year (FY) 2014115
And Accepting The Recommendation Of The Finance And Citywide Projects Committee
Regarding Resort Tax Quality Of Life Funding Allocation. f 0:05 a.m. Public Hearinq
(Budget & Performance lmprovement)
(Memorandum to be Submitted in Supplemental)
Agenda ltem R7 A
O^rr 2.!-!.,!{-526
THIS PAGE INTENTIONALLY LEFT BLANK
527
rh. .f. (B)
I^t-.l-,
TO:
FROM:
DATE:
r91 5 . 20r5
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
February 11,2015
COMMISSION MEMORANDUM
the City
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEAGH, FLORIDA, ACCEPTING RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO
APPROVE THE VACATION OF THE RIGHT OF WAY KNOWN AS LIBERTY AVENUE
(PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET
(ATLANTIC AVENUE), WHICH lS A 50 FOOT lN WIDTH RIGHT-OF-WAY, CONTAINTNG
APPROXIMATELY 12,500 SQUARE FEET !N TOTAL AREA, AS SHOWN ON THE PLAT
OF AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY, RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE
PUBLIC RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THE GITY OF MIAMI
BEACH, (THE APPLIGANT); WAIVING BY 5/7TH VOTE, THE COMPETITIVE BIDDING
AND APPRATSAL REQUTREMENTS PURSUANT TO SECTTON 82-39(A) AND (B) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAIVING SUCH COND!T!ONS.
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).
ANALYS!S
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. ln
order for the proposed parking garage structure be able to obtain a building permit, the right-of-way
needs to be vacated. As Liberty Avenue 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 and
23'd Streets (the City owns lots 1-10 on Block 1 and owns lots 7,9,11,4,6,8, 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.
Agenda ftem fl78
Date
"/
f528
Commission Memorandum - Vacation of Liberty Avenue
February 11,2015
Page 2 of 2
GOMPLIANCE WITH GHAPTER 82 OF THE CITY'S CODE
The City must comply with the requirements of Chapter 82-36 through 82-40, of the City Code, which
requires certain actions prior to etfectuating a vacation. The City Commission is to hold two separate
meeting dates, one of which is to be accompanied with a duly noticed public hearing in orderto obtain
citizen input into the proposed vacation, and also requires the review of the Finance and Citywide
Projects Committee (FCPC), which item was heard during the FCPC meeting of February 2,2015, and
which Committee recommended to the City Commission to proceed with the vacation. Section 82-38
requires the Planning Department to prepare an analysis of the vacation. A copy of the planning
analysis is attached as Exhibit B. The Planning Department reviewed the six (6) criteria elements for
vacating Liberty Avenue and found these criteria to have been satisfied.
CONCLUSION
The Administration recommends Vacation of Liberty Avenue (Palm Avenue) between 22nd Street
(Ocean Avenue) and 23'd Street (Atlantic Avenue).
Exhibit A - Legal Description and Sketch of Survey
Exhibit B - Planning Analysis
JLM/MT/DM
yls srs 66pryr'isd lo ptou,d,rg excellent pubt,c 5errrce ord sofe|o ol n/,o .e ^o.l ond p.oy ,n 6s' ,,[1olt ttoptcot htslatrc conmvn]\
529
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015
MEETING, TO APPROVE THE VACATION OF THE RIGHT OF
WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE)
BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD
STREET(ATLANT|C AVENUE), WHTCH tS A 50 FOOT tN
W!DTH R!GHT.OF.WAY, CONTAINING APPROXIMATELY
12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERTYOF THE MIAMI BEACH IMPROVEMENT COMPANY,
RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI.DADE COUNry, IN FAVOR OF THE CITY
OF MIAMI BEACH, (THE APPLICANT); WAIVING BY 5/7rH
VOTE, THE GOMPETITIVE B!DDING AND APPRAISAL
REQUTREMENTS PURSUANT TO SECTION 82-39(A) AND (B)
OF THE CITY CODE, FINDING THAT THE PUBLIC INTEREST
WOULD BE SERVED BY WAIVING SUGH CONDITIONS.
WHEREAS, the City of Miami Beach holds a right-of-way dedication to a street
and sidewalks along Liberty Avenue (Palm Avenue) between 22nd Street (Ocean
Avenue) and 23'd Street (Atlantic Avenue), of a 50 foot in width right-of-way, consisting
of 12,500 feet, as set forth in the sketch attached as Exhibit "A" hereto, recorded in the
plat of the "Amended Map of the Ocean Front Property of the Miami Beach lmprovement
Company" ('City Right-of-Way or "City ROW"); and
WHEREAS, the City of Miami Beach is the owner of the adjacent properties to
the City ROW, which properties bear the following addresses: 227 22nd Street, 340 23'd
Street, 2200 Liberty Avenue, 224 23 Street, 245 22nd Street, 211 22"d Street; and
WHEREAS, the City adopted Resolution No. 2012-27869 authorizing the
construction of the five story parking garage with first floor retail, to be known as the
"Collins Park Garag e" on 22nd Street and 23'd Street, abutting Liberty Avenue; and,
WHEREAS, on November 20, 2012, the Historic Preservation Board approved
File No.: 7329, authorizing a Certificate of Appropriateness for the Collins Park Garage"
and associated pedestrian plaza for Liberty Avenue; and
WHEREAS, renowned architect Zaha Hadid has designed the Collins Park
Garage, which garage structure encroaches into Liberty Avenue, along the first floor in
order to provide pedestrian access to the proposed first floor commercial units, and
WHEREAS, the air rights over Liberty Avenue are proposed to be used to extend
the parking garage structure across Liberty Avenue;
530
WHEREAS, the City plans to create a pedestrian plaza within the area to be
vacated, and use some of the area towards the Collins Park Garage; and
WHEREAS, during the February 2, 2015 Finance and Citywide Projects
Committee meeting, the Committee supported the vacation, due to pedestrian safety
concerns, the desire to create a pedestrian plaza, and to ensure the complete
construction of the parking garage; and
WHEREAS, without vacating the right-of-way, the City cannot complete
construction of the parking garage, as the Building Official cannot issue permits for
habitable construction within a right-of-way; and,
WHEREAS, upon vacation of the City right-of-way, the City will record a unity of
title for all the properties, and join the properties in ownership, thus ensuring that the
properties are tied to a Unified Development Site, consistent with the City's land
development regulations, and
WHEREAS, the proposed parking garage structure should have a building
permit, however, in order to obtain a building permit, the structure cannot encroach on
the right-of-way, and would need to be re-designed, or the right-of-way needs to be
vacated; and
WHEREAS, as Liberty Avenue has been contemplated to be a pedestrian public
plaza, with no vehicles, and as the City owns all the parcels adjacent to Liberty Avenue
between 22nd and 23'd Streets [the City owns lots 1-10 on Block 1 and owns loti 7 , g, 11,
4, 6, 8, 10 and 12 of Block 21, 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
WHEREAS, pursuant to the City's existing Administrative policies and
procedures to consider the vacation of the City streets, alleys, and/or rights-of-way,
which also require compliance with Article ll, Sections 82-36 through 82-40 of the City
Code, which establish procedures governing the sale or lease of public property, in
addition to the previously mentioned application, prior to considering a request for
vacation, the following requirements must be satisfied.
1) The title of the Resolution approving the proposed vacation shall be heard
by the City Commission on two separate meeting dates, with the second reading
to be accompanied by a duly noticed public hearing, in order to obtain citizen
input into the proposed vacation;2) The proposed vacation shall be transmitted to the Finance and Citywide
Projects Committee ("Committee") for its review (the item was heard during the
Finance and Citywide Projects Committee meeting of February 2, 2015, and
which Committee recommended to the City Commission to proceed with the
vacation);3) ln order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed vacation; and,
531
4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated, which shall include a definition of the
property based on the proposed and possible issues, including, without limitation,
the highest and best use of the property by the Applicant (this provision to be
waived by the City Commission); and,
WHEREAS, although the City's procedures for the lease of sale or sale of public
property also require an advertised public bidding process, and an appraisal, the
requirements may be waived by 5t7th vote; in this case, and due to the nature of the law
pertaining to the vacation of rights-of-way, the City Administration recommends that the
Mayor and City Commission waive the competitive bidding requirement, and require for
appraisal, finding that the public interest is served by waiving such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee at its February 2,2015 meeting, to approve the vacation of the right of way
known as Liberty Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23'd
Street (Atlantic Avenue), which is a 50 foot in width right-of-way, containing
approximately 12,500 square feet in total area, as shown on the Plat of Amended Map of
the Ocean Front Property of the Miami Beach lmprovement Company, recorded in Plat
Book 5 at Page 7, of the public records of Miami-Dade County, in favor of the City of
Miami Beach, (the applicant); waiving by 5/7th vote, the competitive bidding and
appraisal requirements pursuant to Section 82-39(a) and (b) of the City Code, finding
that the public interest would be served by waiving such conditions.
PASSED and ADOPTED this
ATTEST:
RafaelG. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
day of
L-1'(5
-
Dote
F:\ATTO\BOUE\Collins Park Parking Garage\Collins Avenue Parking Garage\First Reading Vacate Libery
Avenue ROW REVISED TITLE 1-20-15-Rev-ClP.doc
532
Exhibit A
AREA TO BE VAGATED:
LIBERTY AVENUE (PALM AVENUE) RIGHT.OF-WAY BETWEEN 22ND STREET
(ocEAN AVENUE) AND 23RD STREET (ATLANTTC AVENUE):
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE
LABELED ON THE PLAT AS ''PALM AVENUE'' ACCORDING TO THE PLAT OF
''AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH
IMPROVEMENT COMPANY'' AS RECORDED IN PLAT BOOK 5, PAGE 7, OF THE
PUBLIC RECORDS OF DADE COUNTY , FLORIDA SAID RIGHT OF WAY BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BOUNDED ON THEWEST BYTHE EASTERLY LINE OF BLOCK 1; BOUNDED ON
THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF BLOCK 2;
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12,500 SQUARE FEET MORE OR LESS.
533
ti,
LOCATION SKETCH
NTS
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY.
2, THIS SKETCH OF DESCRIPTION IS
NOT VALID WITHOUT THE SIGNATURE
AND THE ORIGINAL RAISED SEAL OF
A FLORIOA LICENSED SURVEYOR
AND MAPPER.
I
(ot J
3^k
oqtry
rrtrrr
SKETCH OF LEGAL DESCRIPTION
SCALE:1"=60'
LEGAL DESCRIPTION:
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOWN AS LIBERTY AVENUE LABELED ON THE PLAT AS'PALM AVENUE" ACCORDING TO
THE PLAT OF "AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY" AS RECORDED
IN PLAT BOOK 5, PAGE 7, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA SAID RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BOUNDED ON THE WEST BY THE EASTERLY LINE OF BLOCK 1;
BOUNDED ON THE EAST BY THE WESTERLY LINE OF BLOCK 2;
BOUNDED ON THE NORTH BY THE EASTERLY PROLONGATION OFTHE NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE NORTHERLY LINE OF BLOCK 2:
BOUNDED ON THE SOUTH BY THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 1 AND THE WESTERLY
PROLONGATION OF THE SOUTHERLY LINE OF BLOCK 2.
CONTAINING 12.500 SQUARE FEET MORE OR LESS,
LEGEND & ABBREVIATIONS:
ORB. OFFICIAL RECORD BOOK DB.(C) CALCULATED DIMENSIoN TT/P.NTS NOT TO SCALE(P) PLAT DtMENStoN
R/w RtcHT-oF-wAY
DEED BOOK
T'/PICAL
PAGE
DADE COUNTY RECORDS
PLAT BOOK
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BRIAN T. EEIJINO DATE
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STAIE OF FLORIDA
PROFESEXO{AL SURVEYOR AND MAPPM NO..1973
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535
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
Proper D Within The Citv And Protection From Tidal Floodi
lntended Outcome Su
Well maintained infrastructure
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.
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 in the Stormwater Management Master Plan for all tidal
boundary conditions. The result of this modification creates a condition where engineering principles
dictate that inlet elevations be set no lower than the 2.7 leet NAVD. Since the inlets are placed at the
lowest point in the road, the crown of road will typically be a minimum of four to eight inches above that
elevation. Setting the crown of road one foot above the tailwater criteria is already consistentwith the prior
direction.
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. Setting this criteria 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.
The City 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 Land
Development lnc. (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.
Atthe December 10,2014 Flooding Mitigation Committee meeting, a presentation of thesefourscenarios
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.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Financia! lmpact Summary:
Clerk's Office
Eric Carpenter, Public Works X6012
T:\AGEN DA\201 S\February\PUBLIC WORKS\Elevation.
AfiENDAYTEffi R7C# MIAMISTACH Dlrll 2rtl-t{536
g MIAMIBEACH
City of Miomi Beqch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33I39. www.miomibeochfl.gov
COMMIS MEMORANDUM
TO: Mayor Philip Levine and of the
FROM: Jimmy Morales, City Manager
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
THE RECOMMENDATION OF THE FLOODINGBEACH, FLORIDA, ACC
MITIGATION COMMITTEE, KNOWN AS THE (SUSTAINABILITY AND REStLtENCy
GoMMITTEE), AND APPROVING A DESIRED M|NIMUM ELEVATTON FOR THE
cRowN oF RoADS rN THE CITY TO BE ONE FOOT (1') HtcHER THAN THE
TAILWATER DESIGN CRITERIA, 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.
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 in the Stormwater Management Master
Plan for all tidal boundary conditions. The result of this modification creates a condition where
engineering principles dictate that inlet elevations be set no lower thanthe2.T feet NAVD. Since the
inlets are placed at the lowest point in the road, the crown of road willtypically be a minimum of four
to eight inches above that elevation. Setting the crown of road one foot above the tailwater criteria
is already consistent with the prior direction.
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. Setting this criteria 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.
The City is currently working on a project on West Avenue, from 5th 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 Land Development lnc. (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 withi n this project area.
537
City Commission Memorandum - Street Elevations
February 11,2015
Page 2 of 2
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.
CONGLUSION
The Administration recommends adopting the Resolution.
JMIMv#JJJFIBAM/FRS
T:\AGENDA\201 5\February\PU BLIC WORKS\Elevation.memo.doc
538
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
MAYOR'S BLUE RIBBON PANEL ON FLOODING AND SEA RISE, AND
APPROVING A DESIRED MINIMUM ELEVATION FOR THE CROWN OF ROADS
lN THE CITY TO BE ONE FOOT (1',) HTGHER THAN THE TAILWATER DESIGN
GRITERIA, FOR PROPER DRAINAGE WITHIN THE CITY AND PROTECTION
FROM TIDAL FLOODING.
WHEREAS, at its February 12, 2014 meeting, the City Commission approved the
recommendation of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise to amend the
Stormwater Management Master Plan's tailwater elevation design criteria from 0.5 FT-NAVD to2.7
FT-NAVD, which dictates a higher crown of road elevation than what exists in some of the areas of
the City; and
WHEREAS, at its January 13,2015 meeting, the Mayor's Blue Ribbon Panel on Flooding
and Sea Rise unanimously approved a desired minimum elevation for the crown of roads in the City
to be one foot (1') higher than the tailwater design criteria; and
WHEREAS, the recommended elevation will maximize the effectiveness of City drainage
systems and minimize flooding on the streets, and will set elevations of the cross section of the road
in order to maintain better drainage and storm water inlet for safer travel during potential flooding
events that may occur; and
WHEREAS, in orderto maintain access to adjacent properties and obtain the overalldesired
infrastructure, a harmonization or transition from the proposed roadway elevation down to an
existing finished floor elevation will be required in some cases.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission
hereby accept the recommendation of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise,
and approve a minimum elevation for the crown of roads in the City to be one foot (1') higher than
the tailwater design criteria, for proper drainage within the City and protection from tidalflooding.
PASSED AND ADOPTED this _ day of
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
APPROVEDAS!O
ronnrr i r,rmoueog
s ronpcEunoilT:\AGENDA\201 5Uanuary\PUBLIC WORKS\Elevation.reso.doc
2 *ciuAilflll,
539
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Reappropriate Sewer Funds Totaling $1,000,000 Towards
The Sanitary Sewer lnfiltration And lnflow (l&l) Program - Phase 3, ln Order To Fund Ongoing Sanitary
Sewer Cleaning, Televising, Repairs, And Sanitary Sewer Lining Needed To Comply With Miami-Dade
Consent Decree Requirements.
COMMISSION ITEM SUMMARY
Item Summary/Recommendation:
At its December 11 , 2013 meeting, the City Commission approved the award of a contract for routine
and emergency repairs for water, sanitary sewer, and storm water pipe breaks, sewer lining, and
rehabilitation of sewer manholes to EnviroWaste Services Group, lnc., pursuant to lnvitation To Bid
(lTB) No. 2013-113-|TB-LR. This contract is currently being used by the Public Works Department in an
ongoing effort to reduce infiltration and inflow (l&l), and to improve the sanitary sewer system, in
accordance with the requirements of Miami-Dade County consent decree.
An amount totaling $2,855,000 was appropriated in FY 14115 for the lnfiltration & lnflow Program -
Phase 3. However, these funds will not be made available until late this year due to the bonding
schedule. Current funds for this project will only permit continued construction for another month. ln
efforts to continue with the sanitary sewer system improvements without interruption, Public Works staff
recommends that $1,000,000 be reappropriated from the Pump Station #1 Sewer Project, rebuilding a
concrete chamber for the pump station located at 11'n Street and Jefferson. This money will fund the
ongoing sanitary sewer cleaning, televising, repairs, and sanitary sewer lining.
Project funding will be returned when the funding becomes available, contingent upon the FY15 3'd
Capital Amendment.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION
Advisory Board Recommendation :
Financial lnformation:
Source of
Funds:
Amount Account
FROM $1,000,000 425-2770-069357 Pump Station #1 Sewer
uD # KL)TO $1,000,000 425-2768-069357 lnfiltration & lnflow Program
Phase 3oBPr\_/ I Total I $t,OOO,OOO ;
Financial lmpact Summary: Project funding will be reimbursed when funding becomes available
Ensure value and deliverv of qual
S Data (Su Environmental Scan, etc.): N/A
T:\AGENDA\201S\February\PUBLIC WORKS\Sanitary Sewer lnfiltration & lnflow Program Budget
SUMMARY.docx
AGENDA 'TEfi, R? D
BA\TE540
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
February 11,2015
A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AP AND AUTHORIZING THE MAYOR AND
CITY CLERK TO REAPPROPRIATE SEWER FUNDS TOTALING $l,OOO,OOO
TOWARDS THE SANITARY SEWER |NFILTRATION AND TNFLOW (t&!) PROGRAM. PHASE 3, !N ORDER TO FUND ONGOING SANITARY SEWER CLEANING,
TELEVISING, REPAIRS, AND SANITARY SEWER LINING NEEDED TO COMPLY
WITH MIAMI.DADE CONSENT DECREE REQUIREMENTS.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends adopting the Resolution.
From Account Number
425-2770-069357
Pump Station #1
Sewer Project
BACKGROUND
At its December 11,2013 meeting, the City Commission approved the award of a contract for
routine and emergency repairs for water, sanitary sewer, and storm water pipe breaks, sewer
lining, and rehabilitation of sewer manholes to EnviroWaste Services Group, lnc., pursuant to
lnvitation To Bid (lTB) No. 2013-113-|TB-LR. This contract is currently being used by the Public
Works Department in an ongoing effort to reduce infiltration and inflow (l&l), and to improve the
sanitary sewer system, in accordance with the requirements of Miami-Dade County consent
decree.
An amount totaling $2,855,000 was appropriated in FY 14115 for the lnfiltration & lnflow
Program - Phase 3. However, these funds will not be made available until late this year due to
the bonding schedule. Current funds for this prolect will only permit continued construction for
TO:
FROM:
DATE:
SUBJECT:
FUNDING
Amount
$ 1,000,000
City Co
To Account Number
420-2768-069357
lnfiltration & lnflow Program -
Phase 3
541
Commission Memorandum - Sanitary Seurer lnfiltration & lnflow Program Budget Reappropriation
Page 2 of 2
another month. ln efforts to continue with the sanitary sewer system improvements without
interruption, Public Works staff recommends that $1,000,000 be reappropriated from the Pump
Station #1 Sewer Project, rebuilding a concrete chamber for the pump station located at 11th
Street and Jefferson. This money will fund the ongoing sanitary sewer cleaning, televising,
repairs, and sanitary sewer lining.
Project funding will be returned when the funding becomes available.
COST ANALYSIS
As pa( of the Capital Plan for FY 14115, funding in the amount of $2,855,000 was appropriated
towards the lnfiltration & lnflow (l&l) Program - Phase 3. However, funds have yet to be made
available. Public Works staff is recommending that we take unused moneys from the Pump
Station #1 Water and Sewer Project, totaling $1,000,000 to temporarily supplement the l&l
Program - Phase 3.
CONCLUSION
The Administration recommends adopting the Resolution
JLMIMTIKJMAIBAM/EA
T:\AGENDA\201s\February\PUBLIC WORKS\Sanitary Sewer lnfiltration & lnflow Program Budget Reappropriation Memo.docx
542
RESOLUTION TO BE SUBMITTED
543
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA,AUTHORZINGAPOLICY DIRECTION TOWARDS COLLECTING DELINQUENTACCOUNT
PAYMENTS UNDER THE FEE IN LIEU OF PARKING PROGRAM.
lntended Outcome Su
Supporting Data (Surveys, Environmental Scan, etc.):
lssue:
Parking Fee ln Lieu Program Collection
Item Summary/Recommendation :
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING A POLICY DIRECTION TOWARDS COLLECTING DELINQUENTACCOUNT
PAYMENTS UNDERTHE FEE IN LIEU OF PARKING PROGRAM, UNDERSECTION {30.131, OFTHE
CITY CODE; TO PROVIDE THE PLANNING DIRECTOR, CITY MANAGERAND CITYATTORNEYTHE
AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT PLANS FOR DELINQUENT AGCOUNTS
UNDER THE FOLLOWING CONDITIONS: ({) THE DELINQUENT AGCOUNT HOLDER MUST PAY
THE CURRENT FISCAL YEAR FEE PRIOR TO ENTERING INTO A PAYMENT PLAN FOR
DELINQUENT FEES; (2) THE DELINQUENT ACCOUNT HOLDER MUST REPAY THE ENTIRE
AMOUNT DUE TO THE CITY, REGARDLESS OF THE YEARTHE DELINQUENCY OGGURRED; (3)
THE DELINQUENT ACCOUNT MUST HAVE AN ACTIVE AND CORRECT BUSINESS TAX RECEIPT
(BTR); (4) NO PAYMENT PLAN MAY EXCEED 36 MONTHS lN LENGTH; (5) FAILURE TO COMPLY
WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE BUSINESS TAX RECEIPT (BTR),
AND/OR REVOCATION OF THE CERTTFTCATE OF OCCUPANCY/CERTIFTCATE OF USE (CO/CU)
FOR THE DELTNQUENT ACCOUNT; (6) THE TOTAL OUTSTANDING BALANCE SHALL BECOME
DUE AND PAYABLE IF PAYMENT UNDER THE PLAN !S NOT RECEIVED BY THE 1OTH OF THE
APPLICABLE MONTH; AND (7) AUTHORIZE THE CITY MANAGER TO TAKE SUCH AGTION TO
EXECUTE ANY AND ALL NECESSARY DOCUMENTS TO COORDINATE THE EXECUTION OF
PAYMENT PLANS
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
E MIAMIBEACH DA rrEM R7 g-
544
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
City Coftmission
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,A POLICY DIRECTION
TOWARDS COLLEGTING DELINQUENT ACCOUNT PAYMENTS UNDER THE
FEE IN LIEU OF PARKING PROGRAM, UNDER SECTION 130.131 , OF THE CITY
CODE; TO PROVIDE THE PLANNING DIRECTOR, CITY MANAGER AND GITY
ATTORNEY THE AUTHORITY TO NEGOTIATE AND EXECUTE PAYMENT
PLANS FOR DELINQUENT ACCOUNTS UNDER THE FOLLOWING
CONDITIONS: (1) THE DELINQUENT ACCOUNT HOLDER MUST PAY THE
CURRENT FISCAL YEAR FEE PRIOR TO ENTERING INTO A PAYMENT PLAN
FOR DELINQUENT FEES; (2) THE DELINQUENT ACCOUNT HOLDER MUST
REPAY THE ENTIRE AMOUNT DUE TO THE CITY, REGARDLESS OF THE
YEAR THE DELINQUENCY OGGURRED; (3) THE DELINQUENT AGGOUNT
MUST HAVE AN AGTIVE AND GORRECT BUSINESS TAx RECEIPT (BTR); (a)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS lN LENGTH; (5) FAILURE TO
COMPLY WITH THE PLAN SHALL RESULT IN A REVOCATION OF THE
BUSTNESS TAX RECETPT (BTR), AND/OR REVOCATTON OF THE CERTTFTCATE
oF occupANcy/cERTlFtcATE oF usE (co/cu) FoR THE DELTNQUENT
ACCOUNT; (6) THE TOTAL OUTSTANDING BALANGE SHALL BECOME DUE
AND PAYABLE IF PAYMENT UNDER THE PLAN IS NOT RECEIVED BY THE
10TH OF THE APPLIGABLE MONTH; AND (71 AUTHORIZE THE CIw
MANAGER TO TAKE SUCH ACTION TO EXECUTE ANYAND ALL NECESSARY
DOCUMENTS TO COORDINATE THE EXECUTION OF PAYMENT PLANS
ADMINISTRATION REGOMMENDATION
Adopt the Resolution
ANALYSIS
ln an effort to collect delinquent fees from the Parking Fee in Lieu of Program (the
"Program"), the Administration has met with several property owners owing such fees.
Consistently, there has been a demand for a payment plan to pay the sometime large fees.
ln order to expedite the collection of these fees, the Administration is recommending the
adoption of the attached Resolution authorizing payment plans under strict and non-
negotiable conditions. lf a property owner wishes to amend any of the conditions in the
Resolution, that owner would have to seek City Commission approval of that settlement
545
offer. However, if the property owner agrees to the conditions, this Resolution would
authorize the City Manager to execute the settlement offer without any further Commission
actionrequired. Theconditionsfortheseproposedpaymentplansettlementsareasfollows:
(1) The current fiscal year fee must be paid by prior to entering into payment plan for
delinquent fees.
(2) The delinquent account must repaythe entire amount due to the City, regardless of year
delinquency occurred.
(3) The delinquent account must have an active and correct Business Tax Receipt (BTR).
(a) No payment plan may exceed 36 months in length.
(5) Failure to comply with the payment plan shall result in a revocation of the account's
BTR, revocation of CO/CU.
(6) Demand for immediate payment of the total outstanding balance becomes due and
payable if payment is not received by the 1Oth of the month.(7) Authorizing the City Managerto take such action and execute any and all necessary
documents to coordinate the execution of payment plans.
CONGLUSION
The Administration recommends that the City Commission approve the attached Resolution.
*@yl
T:\AGENDA\20't S\February\Fee in Lieu of Parking Delinquincy.doc
546
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING A
POLICY DIRECTION TOWARDS COLLECTING DELINQUENT
ACCOUNT PAYMENTS UNDER THE FEE IN LIEU OF PARKING
PROGRAM, UNDER SECTION f 30-131, OF THE CITY CODE; TO
PROVIDE THE PLANNING DIRECTOR, CITY MANAGER AND
CITY ATTORNEY THE AUTHORITY TO NEGOTIATE AND
EXECUTE PAYMENT PLANS FOR DELINQUENT ACCOUNTS
UNDER THE FOLLOWING CONDITIONS: (1) THE DELINQUENT
ACCOUNT HOLDER MUST PAY THE CURRENT FISCAL YEAR
FEE PRIOR TO ENTERING INTO A PAYMENT PLAN FOR
DELINQUENT FEES; (21 THE DELINQUENT ACCOUNT
HOLDER MUST REPAY THE ENTIRE AMOUNT DUE TO THE
CITY, REGARDLESS OF THE YEAR THE DELINQUENCY
OCCURRED; (3) THE DELINQUENT ACCOUNT MUST HAVE AN
ACTIVE AND GORREGT BUSINESS TAx REGEIPT (BTR); (a)
NO PAYMENT PLAN MAY EXCEED 36 MONTHS IN LENGTH;
(5) FATLURE TO COMPLY WITH THE PLAN SHALL RESULT rN
A REVOCATTON OF THE BUSTNESS TAX RECEIPT (BTR),
AND'OR REVOCATION OF THE CERTIFICATE OF
occuPANcY/GERTTFTCATE OF USE (CO/CU) FOR THE
DELINQUENT ACCOUNT; (6) THE TOTAL OUTSTANDING
BALANCE SHALL BECOME DUE AND PAYABLE IF PAYMENT
UNDER THE PLAN IS NOT RECEIVED BY THE 1OTH OF THE
APPLICABLE MONTH; AND (7) AUTHORIZE THE clTY
MANAGER TO TAKE SUCH ACTION TO EXECUTE ANY AND
ALL NECESSARY DOCUMENTS TO COORDINATE THE
EXECUTION OF PAYMENT PLANS
WHEREAS, at the beginning of 2014, the Planning Department initiated
an on-going internal review of all Planning processes and procedures
commencing with the Fee in Lieu Parking program; and
WHEREAS, the review included a pool of approximately 180 Fee in Lieu
of Parking accounts managed by the department; and
WHEREAS, during the review of the selected accounts staff observed
irregularities ranging from minor to material deficiencies in the management of
the program which were outlined in the report submitted to City Commission on
Septembe r 171h, 2014; and
547
WHEREAS, based upon that report, the City Commission directed the
following measures be taken: Partial invoicing occurred in 2010, these accounts
should be re-billed, for those accounts that have not paid; and continue to invoice
all accounts for 2011- to the present; to bring back to the Commission finalize
settlements for the release of funds held in escrow; continue to collect any fees
included in "Agreements" based on the terms contained therein; and file suit on
those accounts that refuse to pay, after invoicing; and
WHEREAS, the Planning Department, in its collection efforts has met with
many of the principals and representatives of entities participating in the Fee ln
Lieu of Parking program who have inquired about payment plans that would
allow account to become current over time; and
WHEREAS, the Planning Department would like to expand its collection
efforts to consider full payment of outstanding balances through payment plans
under the following conditions:
(1) The current fiscal year fee must be paid by prior to entering into
payment plan for delinquent fees.
(2) The delinquent account holder must repay the entire amount due to
the City, regardless of the year the delinquency occurred.(3) The delinquent account holder must have an active and correct
Business Tax Receipt (BTR).
(4) No payment plan may exceed 36 months in length.
(5) Failure to comply with the payment plan shall result in a revocation of
the account holder's BTR, and a revocation of the Certificate of Occupancy
and/or Certificate of Use (CO/CU).
(6) City shall require immediate payment of the total outstanding balance
if payment under the payment plan is not received by the 1Oth of the month.(7) Authorize the City Manager to take such action and execute any
and all necessary documents to coordinate the execution of payment plans.
and
WHEREAS, the Administration recommends that the City Commission
authorizes the Department to implement payment plans to recapture unpaid Fee
ln Lieu Of Parking accounts, under the above guidelines.
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 authorize a policy direction towards collecting
delinquent account payments for the Fee ln Lieu of Parking Program, under
Section 130-131, of the City Code; to provide the Planning Director, City
Manager and City Attorney the authority to negotiate and execute payment
plans for delinquent accounts under the following conditions: (1) the delinquent
account holder must pay the current fiscal year fee prior to entering into a
548
payment plan for delinquent fees; (2) the delinquent account holder must repay
the entire amount due to the City, regardless of the year the delinquency
occurred; (3) the delinquent account must have an active and correct Business
Tax Receipt (BTR); (4) no payment plan may exceed 36 months in length; (5)
failure to comply with the plan shall result in a revocation of the Business Tax
Receipt (BTR), and/or revocation of the Certificate of Occupancy/Certificate of
Use (CO/CU) for the delinquent account; (6) the total outstanding balance shall
become due and payable if payment under the plan is not received by the 1Oth
of the applicable month; and (7) authorize the City Manager to take such action
to execute any and all necessary documents to coordinate the execution of
payment plans.
PASSED and ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
day of 2015.
APPROVED AS TO
FORM & LANGUAGE
, (-.r'Ll -
--Dole
549
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
550
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.oov
OFFICE OF THE CITY CLERK, Rafael Granado, City Clerk
Tel: (305) 673-7411, Fax: (305) 673-72U
To:Moyor Philip Levine
From: Rofoel E. Gronodo,
Dote:Februory I l, 20.l5
COMMISSION MEMORANDUM
ond Members of the City Commission
citycrerk
H
Subiect: BOARD AND COMMITTEES
ADMINISTRATION RECOMMENDATION :
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and
Committee appointments.
VACANCIES
BOARD OR COMMITTEE: TOTAL MBRS. APPo|NTED BY:
Affordable Housing Advisory 18 City Commission
Committee
TOTALVAC PAGE
7 Page2
Page 3
Budget Advisory Com mittee City Commission 1 paget
Design Review Board City Commission 2 Pagelz
Gay, Lesbian, Bisexual and
Transgender (GLBT)
15 Commissioner Deede Weithorn 1 Page16
We are committed to providing excetlent public service and safety to all who live, work and play in ourvibrant, frol Agenda ltem 8?A
-551
BOARD OR COMMITTEE:
Health Advisory Committee
VACANCIES
TOTAL MBRS. APPOINTED BY:
11 City Commission
TOTALVAC PAGE
2 Page'tt
Historic Preservation Board City Commission 1 Page 20
Marine and Waterfront Protection
Authority
Commissioner Jonah M. Wolfson
Commissioner Michael Grieco
14 1 Page23
1
Miami Beach Commission For
Women
21 Commissioner Ed Tobin 1 Pagezt
Miami Beach CulturalArts Council 11 City Commission 3 Page 28
Transportation, Parking, Bicycle-Ped
Fac. Comm.
14 Commissioner Ed Tobin 1 Page q1
Visitor and Convention Authority City Commission 1 Page +3
Attached is breakdown by Commissioner or City Commission:
JLM:REG/sp
552
Vacancy Report
Full Name Board Name
City Commission
Affordable Housing Advisory Committee T
Budget Advisory Committee 1
Design Review Board 2
Health Advisory Committee 2
Historic Preservation Board 1
Miami Beach CulturalArts Council 3
Visitor and Convention Authority 1
Commissioner Deede Weithorn
Gay, Lesbian, Bisexualand Transgender (GLBT) 1
Commissioner Ed Tobin
Miami Beach Commission For Women 1
Transportation, Parking, Bicycle-Ped. Fac. Comm. 1
Commissioner Jonah M. Wolfson
Marine and Waterfront Protection Authority 1
Commissioner Michael Grieco
Marine and Waterfront Protection Authority 1
Friday, January 30, 2015
Vacancy
553
Board and Committees Current Members
Ad Hoc Committee Centennial Celebration 2014'28531
Composition:
The members of this Ad-Hoc Comitee shall have the duty to provide ideas and recommendations
pertaining to all matters with respect to events and activities related to the City of Miami Beach
Centennial on March 26,2075, 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 31,20t3 and expiring on July
31, 2015 (subject to earlier or later sunset by the City Commission).
Resolution 2014-28531adopted on March 5,2074 extending the committee untilJuly 31,2015,
City Liaison: Max Sklar
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Carmen (Maria) Lopez
Dawn McCall
George Neary
Jay Dermer
Ray Breslin
Reagan Pace
Sheila Duffy-Lehrman
713112015 CommissionerMickySteinberg
713112015 CommissionerJoyMalakoff
713112015 CommissionerDeedeWeithom
713112015 Commissioner Jonah M. Wolfson
713112015 CommissionerMichael Grieco
713112015 Mayor Philip Levine
713112015 Commissioner Ed Tobin
Applicants
Brian Falk
Dr. Barry Ragone
Meryl Wolfson
Position/Title Applicants Position/Title
Dennis Mouyios
Lisa Almy
Friday, January 30,2015 Page I of43
554
Board and Committees Current Members
Affordable Housing Advisory Committee Sec' 2'167
Composition:
The committee shall consist of eighteen (18) voting members with two-year terms.
Seven (7) members of the Affordable Housing Advisory Committee shall be direct
appointments, one made by the Mayor and each commissioners. The direct appointee
shall either be:(i) a resident of a locally designated community development target area for a
minimum of six months; or(ii) demonstrate ownership/interest for a minimum of six months in a business
established in a locally designated community develoment target area for a
minimum of six months.
The remaining eleven (11) members shall be appointed at large by a majority vote of
the Mayor and City Commission, as follows:
One citizen:
1) One citizen actively engaged in the residential home building industry in connection with affordable
housing;
2) One citizen actively engaged in the banking or 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 serves on the local planning agency pursuant to Florida Statute 5163.3774
(Planning Board member);
9) One citizen who resides within the jurisdiction of the local governing body making the
appointments;
10) One citizen who represents employers within the jurisdiction;
11) One citizen who represents essential services personnel, as defined in the local housing assistance
plan.
If the city, due to the presence of a conflict of interest by prospective appointees, or other reasonable
factor, is unable to appoint a citizen actlvely 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
Muayad Abbas (5) For Profit
1213112014 Mayor Philip Levine
1213112014 City Commission
Juan Rojas (2) Banking/Mortgage 1213112014 City Commission
Vacancy:
To replace (6) Not for Profit l2l3ll20t4 City Commission
Stephanie Berman
To replace Robert (1) Res. Home BIdg. L2|3U20L4 City Commission
Saland
12t31t21
12t31t17
12t31t16
Friday, January 30, 2015 Page 2 of43
555
Bourd und Committees Current Members
To replace Adrian
Adorno
To replace Frank
Kruszewski
To Replace David
Smith
To replace Karen
Fryd
To replace Jeremy
Glazer
(9) Res. Juris Local Gov
(8) Local Planning
(3) Rep. Labo H. Bld.
(1 1 ) Rep. Essential Ser.
(4) Low-lncome Adv
L2/3L12015 City Commission
L2l3tl20l6 City Commission
l2l3ll20L6 City Commission
l2l3Ll20l5 City Commission
l2l3u20l5 City Commission
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alexander
Jane
Karen
Keren
Laurence
Michael
Seth
Suzanne
Orlofsky
Hayes
Fryd
Bajaroff
Herrup
Bernstein
Feuer
Hollander
't2t3',U2015
12t3',U2015
1213112015
'1213112016
(10) Rep. Empl. With/jurisdic '1213'112015
12t31t2015
1213112016
(7) Real Estate Professional 1213112015
CommissionerMickySteinberg 1213'll2'l
Commissioner Jonah M. Wolfson 1213'll2'l
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131122
City Commission 12131115
CommissionerDeedeWeithom 12131121
CommissionerMichaelGrieco 1213112'l
City Commission 12131119
Applicants
Britta Hanson
Dr. Barry Ragone
Gotlinsky Barbara
Howard Weiss
Joseph Landesman
Lawrence Raab
Stephanie Berman
Position/Title Applicants
Dale Gratz
Eric Lawrence
Guy Simani
Jordan Nadel
Josephine Pampanas
Prakash Kumar
Position/Title
Friday, January 30,2015 Page 3 of43
556
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 City 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
Ombrefta Agro Andruff
Patricia Frost
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission 12131119
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Laura Levey
Lori Nieder
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Francinelee Hand
Keren Bajaroff
Leslie Tobin
Michael McManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Frklay, January 30,2015 Puge 4 of 43
557
Board and Committees Current Members
Audit Committee
Composition:
The members of this committee shall consist of seven (7) voting members, one each to be directly
appointed by the Mayor and each City Commissioner. The primary purpose of the committee is to
assist the governing body in selecting an auditor to conduct the annual financial audit required in FS
218.39; however, the audit committee may serue other audit oversight purposes as determined by
the entity's governing body.
Under FS 218.391 the committee shall:
1. Establish factors to use for the evaluation of audit services to be provided by a ceftified public
accounting firm;
2)Evaluate proposals provided by qualified firms; and
3) Rank and recommend in order of preference no fewer than three flrms deemed to be the most
highly qualified to perform the required services.
City Liaison: James Sutter
Members:
Last Name Position/Title Term Ends: Appointed by:Term Limit:
FS 218.391 &
2,tR ?q
Name
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandy
Unger
Kauftnan
Weithom
Gidney
Weil
Starkman
Hont/E
CPA
CPA
CPA
CPA
1213112017
1213112015
1213112015
12131t2017
12t31t2015
12131t2017
12t31t2015
FS 218.39
FS 218.39
FS 218.39
FS 281.39
FS 218.39
FS 218.39
FS 2't8.39
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Deede Weithorn
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Michael Grieco
Commissioner Jonah M. Wolfson
Friday, January 30,2015 Page 5 of43
558
Bourd and Committees Current Members
Board of Adjushent RSA r'2 Sec 1r8'
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 Certifled 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
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit:
Barton Goldberg Financial Advisor 1213112015 City Commission 12131119
Bryan Rosenfeld CPA 1213112015 City Commission 12131115
Heidi Tandy At-Large '1213112015 City Commission '12131119
Larry Colin Gen. Business 1213112015 City Commission 12131119
Noah Fox Real Estate Developer 1213112016 City Commission 12131fi8
Richard Preira Law 1213'112016 City Commission 12131116
Richard Baron At-Large 1213112016 City Commission 12131119
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
Gabriel Paez
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Richard Alhadeff
Seth Frohlich
Friday, January 30,2015
Position/Title Applicants Position/Title
Bradley Colmer
David Wieder
Frank Del Vecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Michael Steffens
Nelson Fox
Roberta Gould
Victor Ballestas
Page 6 of43
559
Board and Committees Current Members
Budget Advisory Committee Sec. 2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one
(1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission
At-Large Nominations listing current information about which applicants have actually been
nominated. The Agenda - Agenda Archives website is located at
http ://miamibeachfl . gov/citycler(scroll.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 Hanis Financial Adv. 1213112014 City Commission 12131119
Vacancy:
To replace Marc C.P.A. l2l3L/20t6 City Commission
Gidney
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David Lancz
Dushan Koller
Jack Benveniste
John Gardiner
Julio Magrisso
Ronald Starkman
Stephen Zack
1213112016 CommissionerDeedeWeithom 12131118
1213'112015 CommissionerJonah M. Wolfson 121311'15
1213112015 CommissionerJoyMalakoff 12131115
1213'112015 CommissionerMichaelGrieco 12131116
1213112016 Commissioner Ed Tobin '1213112'l
1213112016 CommissionerMickySteinberg 12131121
1213112015 Mayor Philip Levine 12131122
Applicants Position/Title AryI.""t' r":{fylt!
Cad Linder
Ellioft Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
Michael Levine
Noah Fox
Robert Schwartz
Friday, January 30, 2015 Page 7 of43
560
Bourd 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 expertise with regard to education issues
who shall be direct appointments by the mayor and city commissioner with no more than three who
can be employed or contracted by Miami-Dade County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons who
shall report to the City Commission actions of the Committee for Quality Education; the City Manager
shall fufther designate a member of city staff to serve as a liaison who shall report the Committee's
actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Members:
City Comm. Designee
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Betsy
Beverly
Judith
Karen
Marina
Richard
Tiffany
Mateu
Heller
Berson-Levinson
Rivo
Aviles
Hull
Heckler
12131t2016
1213112015
1213112016
1213',V2015
1213',U2016
1213112016
1213112015
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
CommissionerDeedeWeithom 12131115
CommissionerMichaelGrieco 12131122
Commissioner Ed Tobin 12131122
Commissioner Jonah M. Wolfson 12131118
Beth Edwards Rep. of the PTA for Nautilus Middle School06/30/15
Dr. Leslie Rosenfeld ACM/City Manager designee
Elisa Leone Rep. of the PTA for Biscayne Elementary 06130115
Ivette Birba Rep. of the PTA for Feinberg Fisher K-8 06/30/15
Jessica Burns Rep. of the PTA South Pointe Elementary 06/301L5
John Aleman Rep. of PTA North Beach Elem. School 061301L5
Rosa Neely Rep. of PTA forTreasure Island Elem. 06/301L5
Shelley Groff Rep. of the PTA for MB Sr. High School 06/30/15
Tamar Oppenheimer Rep. PTA for Ruth K. Broad KB-06i30/15
Friday, January 30, 2015 Page 8 of 43 (Contirued....
561
Board and Committees Current Members
Applicants Position/Title Applicants Position/Title
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Kristen Rosen Gonzalez
Tashaunda Washington
Jessica Burns
Keren Bajaroff
Laurie Kaye Davis
Friday, January 30,2015 Page 9 of 43
562
Board 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: Noth Beach (North Beach Development Corp), 41st Street (Middle Beach
Paftnership), Lincoln Rd (Marketing Council), Washington Ave (Miami Beach Dev. Corp. and /or
Washington Ave Task Force), Ocean Dr (Ocean Drive Improvement Association), Collins Ave (Hotel
Association), South Pointe (South Pointe Advisory Board to the Redevelopment Agency); member of
the general public with personal experience with homeless issues CDBG Project Coordlnator (ESG
Emergency Shelter Grant Provider), city officials, representative from the Police Depaftment and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfinkel
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Mirta
Rachael
Kohli
Nagler
SchwarE
Funes
Harris
Kroner
Leser
Limonta
Zuckerman
12t3112016
1213112015
1213',U2015
1213112016
1213112016
1213112015
1213112016
12t31t2015
1213112015
CommissionerJoyMalakoff 12131122
Mayor Philip Levine 1213112'l
Mayor Philip Levine 12131121
CommissionerMickySteinberg 1213112'l
Commissioner Ed Tobin 12131116
CommissionerMichaelGrieco 12131117
Commissioner Jonah M. Wolfson 12131121
Mayor Philip Levine '12131121
CommissionerDeedeWeithom 12131117
Applicants PositionlTitle Applicants Position/Title
Deborah Robins
Helen Swartz
Marina Aviles
Monica Casanova
Rocio Sullivan
Stephanie Berman
Eda Valero-Figueira
Magui Benitez
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Friduy, January 30, 2015 Page 10 of43
563
Bourd and Committees Current Members
Sec. 2-46Convention Center Advisory Board
Composition:
The board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The chairperson of the board of directors of the Miami Beach Chamber of Commerce or his/her
designee shall serue as a non voting ex-officio member.
The Chairperson of the board of directors of the Greater Miami Convention and Visitors Bureau or his
designee shall serve as a non voting ex-officio member.
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
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit:
David Kahn
Elizabeth Resnick
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Tony Rodriguez
Ita Moriarty ex-officio, GMCVB Adm Rep
Joshua Levy ex-officio, Chair Bd. Dir. MBCC
Matt Hollander ex-officio, Global Spectrum Adm Rep.
Vacant ex-officio member of the City Manager's Office
1213112016 Commissioner Ed Tobin 12131122
1213112015 CommissionerJonah M. Wolfson 12131120
1213112015 CommissionerMickySteinberg 12131121
1213112015 CommissionerDeedeWeithom 12131121
1213112016 CommissionerMichaelGrieco 1213112'l
1213112015 CommissionerJoyMalakoff 12131116
1213112015 Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Carl Linder
Howard Weiss
Karen Brown
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Gotlinsky Barbara
James Weingarten
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Friday, January 30, 2015 Page II of43
564
Board and Committees Current Members
Design Review Board Sec' 118'71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members. The seven (7) regular members shall consist of:
1) two architects registered in the United States;
2) an architect registered in the state of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the state, with practical or academic expertise in the
field of design, planning, historic preseruation or the history of architecture, or a professional
practicing in the fields of architectural design, or urban planning;
3) one landscape architect registered in the state of Florida;
4) one architect registered in the United States, or a profesional practicing in the flelds of architectural
or urban design, or urban planning, or a resident with demonstrated interest or background in design
issues; or an attorney in good standing licensed to practice law within the United States; and
5) two citizens at large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access
Committee shall serve in an advisory capacity with no voting authority. The Planning Director, or
designee and the City Attorney or designee shall serve in an advisory capacity.
Residency and place of business in the county. The two (2) citizen-at-large members and one of the
registered landscape architects, registered architects, professional designer or professional urban
planners shall be residents of the city.
City Liaison: Deborah Tackett
Vacancy:
To replace Vincent Landscape Architect L2/3112015 City Commission
Filigenzi
To replace Edgar Faculty Position l2/3L120L6 City Commission
Sarli
Members:
Name Last Name PositioniTitle Term Ends: Appointed by: Term Limit:
Annabel Delgado- Registered Architect 1213112015 City Commission 'l 2131119
Harrington
Carol Housen At-large 1213112016 City Commission 12131116
Elizabeth Camargo Registered Architect 1213112015 City Commission 12131119
John Turchin At-Large 12131120'15 City Commission 12131119
Kathleen Phang Attorney 1213112016 City Commission 12131119
Eve Boutsis advisory/City Attorney Designee
Thomas Mooney advisory/ Planning Dept. Director
Vacant ex-officio/Disability Access Committee
Applicants
Andres Asion
Brian Ehrlich
Clotilde Luce
"Fiw, tiiiiiyioiinis
Position/Title Applicants Position/Title
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Daniel Hertzberg
Poge l2 oJ43 (Contintrcd....
565
Board and Committees Current Members
David Kahn
Deena Bell
Jean-Francois Lejeune
Jeffrey Feldman
Jessica Conn
Marina Novaes
Michael Steffens
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Morales
Deborah Castillo
Francinelee Hand
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Matthew Krieger
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Ballestas
Page 13 of43
566
Bourd and Committees Current Members
Disability Access Committee
Composition:
The Committee shall be composed of:
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fouteen (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 20lt-3731, in addition to other power and duties, the chairperson of the committee
may designate a committee member to attend meetings of other city agencies, boards, or committees
for the purpose of providing and obtaining input regarding accessibilty related issues and reporting to
the disability access committee on matters set forth in subsection (b) so that the disability access
committee may provide recommendations to the city departments specified in subsection (b) or to the
city commission.
Ordinance 2012-3757 amended Sec. 2-31(D) to increase the number of members from seven(7) to
fourteen (14) and amended the quorum requirement.
City Liaison: Valeria Mejia
Appointments To Be Made :
2006-3500 s 2-31
12131 12014 Commissioner Micky Steinberg 12t31t21Susana
Vacancy:
Members:
Maroder-Rivera
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
Wendy
McCauley
New
Orlandini
Solman
SwarE
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
Unger
TIL 12t31t15
12t31t2016
1213112015
1213112015
1213112015
1213112015
1213112015
12t31t2015
12t31t2016
12131t2015
1213112016
1213112015
1213112016
1213112016
CommissionerJoyMalakoff 12131120
CommissionerDeedeWeithom 12131115
CommissionerMichaelGrieco 12131121
CommissionerDeedeWeithorn 12131119
CommissionerJoyMalakoff 12131118
CommissionerMickySteinberg 12131121
Commissioner Jonah M. Wolfson 1213'1 121
Commissioner Jonah M. Wolfson 12131 122
Commissioner Ed Tobin 12131120
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131119
Commissioner Ed Tobin 121311',7
Mayor Philip Levine 12131116
Ex-officio member
Friday, January 30, 2015
Position/Title Applicants
Page 14 of 43 (Continued..
*$-r-n-|i-,c=,artg Position/Title
567
Board and Committees Current Members
Allison Stone
Jarred Relling
Zachary Cohen
Britta Hanson
Rafael Trevino
Friday, January 30, 201 5 Page 15 of43
568
Board and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT)Ord. 2009-3635
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be directly
appointed by the Mayor, and two (2) members to be directly appointed by each City Commissioner.
Notwithstanding the preceding sentence, the initial membership of the Committee shall be comprised
of those current members of the Mayor's Gay Business Development Committee, choosing to serve on
the Committee, with any additional members (as required to complete the total number of members
of the Committee) to be appointed at large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Vacancy:
To replace Marivi
lglesias
l2l3ll20l5 Commissioner Deede Weithorn
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Gayle
James
Jorge
Laura
Mark
Michael
Nelida
Thomas
Richter
Brown
Stine
Leeds
Farrow
SchwarE
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Barker
12t31t2016
1213112015
1213112016
1213112016
1213112015
1213112016
1213112015
12t31t2015
12t31t2015
12t31t2016
12t31t2015
1213112016
1213112016
1213112015
Commissioner Ed Tobin 12131116
Commissioner Jonah M. Wolfson 12131119
Commissioner Jonah M. Wolfson 12131117
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131116
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131122
Commissioner Ed Tobin 12131121
Mayor Philip Levine 12131117
CommissionerMichaelGrieco 12131116
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131117
CommissionerDeedeWeithorn 12131ho
CommissionerJoyMalakoff '12131116
Applicants Position/Title Applicants Position/Title
Eric Hirsch
Karen Brown
Rafael Trevino
Stephen Fox, Jr.
Walker Burttschell
Friday, January 30, 2015
Jarred Relling
Otiss (Arah) Lester
Rebecca Boyce
Steven Adkins
Page 16 of43
569
Board and Committees Current Members
Health Advisory Committee
City Liaison: Sonia Bridges
Appointments To Be Made :
Rachel Schuster ACLF
Dr. Stacey Kruger Physician
Anthony Japour ACLF
Dr. Jeremy Green Physician
Sec. 2-81 2002-
1?5n
Composition:
Eleven (11) voting members. Appointed by the City Commission at-large, upon recommendations of
the City Manager:
One (1) member shall be the chief executive officer (CEO's) or a designated administrator from Mount
Sinai Medical Center,
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health
Center or his/her designee administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or
an Assisted Living Facility (ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shall be physicians;
Two (2) members shall be consumers consisting of:
1) one (1) individual from the corporate level and;
2) one (1) private individual.
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami
Dade County Health Department, the Health Council of South Florida, and the Fire Rescue
Depaftment. The director of the Office of the Children's Affairs shall be added as a non-voting ex-
officio member of the board.
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
12131116
12131116
12131116
12t31t19
Steven Sonenreich CEO/MI. Sinai/MH (NTL) 1213112014 City Commission
Vacancy:
Vacant CEO/MB Comm. Heatth L2/3112015 City Commission
Dr. Andrew Nullman Physician 12/31/2016 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
lulie Zaharatos Rep. from the Health Council of South Fla
Maria Ruiz ex-officio, Director of Children's Affairs
Position/Title Applicants Position/TitleApp_li!111!
Christine Butler
Dr. Richard Cuello-Fuentes
Kara White
" r,i affi" tTi ii,y i [Toii'*-
Dr. Michael Hall,
Jared Plitt
Zachary Cohen
Page 17 of43
570
Board and Committees Current Members
Health Facilities Authority Board Sec. 2-1 1 1
Composition:
Four (4) year terms.
Five (5) members shall consist of;
two (2) health providers,
one (1) individual in the field of general business who possesses good standing in the community;
one (1) accountant and;
one (1) attorney.
The chairperson of the Health Advisory Board shall serue as a non-voting advisor to the Authority.
Members shall be residents of the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit:
Arthur Unger Accountant 61191201|6 City Commission FS 154-207
Dr. Mark Sinnreich Health Provider 6119120'15 City Commission FS 154-207
Dr. Michael Hall, Health Provider 6l'1912018 City Commission FS 154-207
Robert HerEberg Attorney 611912017 City Commission FS 154-207
Sidney Goldin General Business 6l'1912018 City Commission FS 154-207
vacant Chairperson, Health Advisory Board
Applicants Position/Title Applicants Position/Title
David Berger Dr. David Farcy
Dr. Richard Cuello-Fuentes
Rosalie Pincus
Dr. Elsa Orlandini
Rachel Schuster
Zachary Cohen
Friday, January 30, 2015 Page l8 of43
571
Board and 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
Members:
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
David
Eneida
Francis
Veronica
Femandez
Velasco
Purrinos
Cardenas
Mena
Trullenque
Camacho
't2t31t2015
12t31t2016
't2t31t2016
1213112016
'1213112016
1213112015
1213112015
CommissionerDeedeWeithorn 12131121
CommissionerMichaelGrieco 12131121
Commissioner Jonah M. Wolfson 12131116
CommissionerMickySteinberg 12131121
Mayor Philip Levine 12131121
Commissioner Ed Tobin 12131115
CommissionerJoyMalakoff 12131121
Applicants Position/Title Applicants Position/Title
lsrael Sands
Leonor Femandez
Regina Suarez
Josephine Pampanas
Rafael Trevino
Friday, January 30, 2015 Page 19 of43
572
Board and 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 Preseruation 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 expeftise
in the field of design and historic preservation or the history of architecture, with a preference for an
individual with practical experience in architecture and the preservation of historic structures.
All members of the board except the architect, engineer, landscape architect, professional practicing
in the field of architectural or urban design or urban planning and university faculty member of the
board shall be residents of the city, provided; however, that the City Commission may waive this
requirement by a 5/7ths vote in the event a person not meeting these residenry 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
Jane Gross
Herb Sosa
Vacancy:
Members:
AFlarge
Dade Heritage
MDPL
To replace At-large
Josephine Manning
1213112014 City Commission
1213112014 City Commission
1213112014 City Commission
L2l3ll20l6 City Commission
12131116
12t31t16
1213'U15
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
David
John
wyn
Wieder
Stuart
Bradley
1213112015
1213112015
1213112015
12131115
12131119
12131119
Attorney
Registered Architect
Faculty Member
City
City
City
Commission
Commission
Commission
Applicants Position/Title Applicants Position/Title
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
""i; ;i;;;);;, *;-i o, ;nff
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Page 20 of 43 (Contiruted.
573
Board and Committees Current Members
Marina Novaes
Michael Steffens
Raymond Adrian
Richard Kimball
Scott Needelman
Mark Alhadeff
Neal Deputy
Richard Alhadeff
Sam Rabin Jr.
William Lane
Friday, Januory j0, 20 I 5 Page2I of4j
574
Bourd and Committees Current Membeys
Housing Authority Reso 7031 421.05
FS
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: Tenn Limit:
Dr. Barry Ragone HA Commissioner 1011112017 Mayor Philip Levine 10111121
Eugenio Cabreja Tenant Commissioner 1011112016 Bower Levine 10111118
Leonor Fernandez HA Commissioner '1011112017 Mayor Philip Levine 10111121
Peter Chavelier HA Commissioner 1011112015 Bower Levine 10111119
Applicants Position/Title Applicants Position/Title
Goflinsky Barbara Prakash Kumar
Friday, January 30, 2015 Page 22 of43
575
Board and Committees Current Members
Marine and Waterfront Protection Authority Sec. 2-190.46
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who
shall be direct appointments with the Mayor and City Commissioners each having two (2) direct
appointments.
Appointments to the authority shall consist of a combination of individuals who have had previous
experience in the 1) operation or inspection of marine facilities, including experience in various types
of marine vessels and boating activities, and/or 2) who have an interest in preseruation of the city's
beaches and watefronts. The members of the authority shall have the right and duty to consult with
any member of the city administration for technical or other information peftaining to the matters
before them.
AS PER ORDINANCE 2074-384I, NEW COMPOSITION EFFECTIVE O5I3U2O74:
City Liaison: Mercedes Carcasses
Appointments To Be Made :
William Cahill
Monica Casanova
Stephen Bernstein
Vacancy:
To replace
Christopher Todd
Lizette Lopez Vacant
Members:
1213112014 Commissioner Ed Tobin
1213112014 Mayor Philip Levine
1213112014 Commissioner Deede Weithorn
1213L12016 Commissioner Michael Grieco
l2l3ll20t4 Commissioner Jonah M. Wolfson
12131121
12t31t21
12t31t18
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Addison Sammet
Albert Panon
Barbara Herskowitz
Daniel Kipnis
Dr. Ronald Shane
Maurice Goodbeer
Morris Sunshine
Robert SchwarE
Sasha Boulanger
Sgt. Luis Sanchez ex-officio MB Marine Patrol
12t30t20't5
12t3012015
12t31t2015
12t31t2015
12t31t201s
12131t2016
12131t20',t6
12131t2016
12131t2015
CommissionerDeedeWeithom 12131121
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
Commissioner Jonah M. Wolfson 1213'1116
CommissionerJoyMalakoff 1213'1121
CommissionerMickySteinberg 12131119
CommissionerMichaelGrieco 12131121
CommissionerJoyMalakoff 12131121
Commissioner Ed Tobin 12131118
Applicants Position/Title Applicants Position/Title
Adrian Gonzalez
Eric Lawrence
Julio Magrisso
Michael Levine
Dr. Michael Hall,
John Kanter
Mayela Mueller
Friday, January 30, 20 1 5 Page 23 of43
576
Board and Committees Current Members
Mayors Blue Ribbon Panel for Washington Avenue sec' 2'23(b)
Composition:
The Mayor's Blue Ribbon Panel on Washington Avenue (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under section 2-23(b) of the City Code. The Panel shall have
the purpose of overseeing the City's initiatives and efforts to revitalize Washington Avenue from 5th
Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to 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 Position/Title Term Ends: Appointed by: Term Limit:
Brian Falk
Eric Lawrence
Lyle Stern
Saul Gross
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
71912015 Mayor Philip Levine
Friday, January 30, 20 I 5 Page 24 of 43
577
Board and Committees Current Members
Mayors Blue Ribbon Panel on Flooding and Sea Rise sec' 2'23 (b)
Composition:
The Mayor's Blue Ribbon Panel on Flooding Mitigation (Panel) is created pursuant to the Mayor's
authority to establish blue ribbon panels under Section2-23 (b) of the City Code. The Panel shall have
the purpose of overseeing the City's response to flooding, including storm water and the effects of
sea level rise, and assisting with the implementation of a comprehensive flood management plan for
the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to
serue for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the
Mayor.
City Liaison: Bruce Mowry
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dr. Michael Phang
Dwight Kraai
Scott Robins
611412015 Mayor Philip Levine
611412015 Mayor Philip Levine
611412015 Mayor Philip Levine
Friday, January 30, 2015 Page 25 of43
578
Board and Committees Current Members
Mayors Blue Ribbon Panel onNorth Beach Revital. Sec'2'23(b)
Composition:
The Mayor's Blue Ribbon Panel on Nofth 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 Nodh
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 flve (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
Marguerifte Ramos
Ricky Arriola
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
31312015 Mayor Philip Levine
Friday, January 30, 201 5 Page 26 of43
579
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.
City Liaison: Leonor Hernandez
Appointments To Be Made :
2007-3570 S 2190-
.l
Regina Berman
Nikki Weisburd
Jessica Conn
Vacancy:
To replace
Gertrude Arfa
Members:
1213112014 Mayor Philip Levine
1213112014 Commissioner Ed Tobin
1213112014 Commissioner Jonah M. Wolfson
l2l3l/20t4 Commissioner Ed Tobin
't2t31t17
12131115
12t31t19
Name Last Name Position/Title Term Ends: Appointed by:Term Limit:
Adrienne
Canie
Debra
Dona
Dr. Corey
Francinelee
Heather
Jiil
Karen
Laurie Kaye
Leslie
Lindsay
Mercedes
Regina
Roberta
Tiffany
Vanessa
Krieger
Wiesenfeld
Quade
Zemo
Narson
Hand
Davis
Shockett
Edelstein
Davis
Coller
Genet
Carlson
Suarez
Gould
Lapciuc
Menkes
12t31t2016
1213112016
12t31t201s
12t31t20't6
12t31t2015
12t31t20',t5
12t31t2015
12131t2016
1213112016
1213112016
1213',Y2015
1213112016
1213112015
1213112015
12t31t2015
1213112015
1213112015
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131121
CommissionerMickySteinberg 12131119
Mayor Philip Levine 12131121
CommissionerMickySteinberg 12131121
CommissionerJoyMalakoff 12131116
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 12131122
CommissionerMickySteinberg 12131115
Commissioner Jonah M. Wolfson 12131121
CommissionerDeede Weithom 12131115
CommissionerMichaelGrieco 12131121
CommissionerMichaelGrieco 1213'1118
Commissioner Jonah M. Wolfson 12131117
CommissionerDeedeWeithom 12131115
Mayor Philip Levine 12131117
CommissionerDeedeWeithom'12131120
Applicants Position/Title Applicants Position/Title
Allee Newhoff
Britta Hanson
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Josephine Pampanas
Laura Levey
Marjorie O'Neill-Buttler
Monica Casanova
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Barbara Kaufman
Dale Gratz
Elizabeth Resnick
Helen SwarE
Joanna Popper
Joyce Ganet
Marina Aviles
Meryl Wolfson
Monica Matteo-Salinas
Patricia Valdenama
Rocio Sullivan
Tamra Sheffman
Friday, January 30, 2015 Page 27 of43
580
Board and Committees Current Members
Miami Beach Cultural Arts Council Sec' 2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 37, 2007, concurrent with the expiration of the terms of six (6) members of the
council, and the resulting vacancies thereon, three (3) members shall be appointed for three (3) year
terms each, provided that one of those appointments shall be to fill the vacancy of the one (1) year
term expiring on December 31, 2001, and three (3) members shall be appointed for two (2) year
terms each. Additionally, effective December 31,2002, no council member may serve more than six
(6) consecutive years.
City Liaison: Gary Farmer
Appointments To Be Made :
Gregory Melvin 1213112014 City Commission 12131115
Vacancy:
To replace Eda 1213112016 City Commission
Valero-Figueira
To replace Zoila L2l3Ll20l6 City Commission
Datone
To replace Alan L2l3Ll20L6 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
Calvin Kohli
Dr. Daniel Nixon
Elliott Alhadeff
lsrael Sands
Jenna Ward
Joanna Popper
Kevin Kelsick
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Richard Kimball
Vanessa Menkes
Bradley Ugent
Dale Gralz
Eleanor Ellix
Eugenio Cabreja
Janda Wetherington
Jill Shockett
Kara White
Marian Del Vecchio
Michael McManus
Monica Matteo-Salinas
Pedro Menocal
Sam Rabin Jr.
Wesley Castellanos
"n*iii"y)iii,*iy{'i)i:i:ii
Page 28 of 43
581
Bourd and Committees Current Members
Miami Beach Human Rights Committee 62'34
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 seruice groups and other sources, which he/she deems
appropriate, as possible.
At least one (1) of the committee members shall possess/ in addition to the general qualifications set
forth herein for members, a license to practice law in the State of Florida; be an active member of
and in good standing with the Florida Bar, and have experience in civil rights law. The attorney
member shall also serve as chair of the committee.
City Liaison: Marcia Monserrat
Appointments To Be Made :
Rachel Umlas '1213112014 City Commission 121311'18
Monica Harvey 1213112014 City Commission 12131118
Rafael Trevino 1213112014 City Commission 12131116
Amy Rabin 1213112014 City Commission 12131119
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Alan Fishman Law
Bradley Ugent
David Mardini
lvan Cano
Walker Burttschell
William Warren Jr.
1213112015 City Commission 12131116
12131120'15 City Commission 12131118
1213112016 Mayor Philip Levine 12131122
1213112015 City Commission 12131119
1213112015 City Commission 12131116
1213112015 City Commission 12131119
Applicants
Andrea Travaglia
Deborah Robins
Jarred Relling
Lisa Almy
Rafael Leonor
PositionlTitle Applicants Position/Title
Christine Butler
Dr. Andrew Nullman
Lisa Almy
Michael Levine
Stephen Fox, Jr.
Friday, January 30, 2015 Page 29 of 43
582
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
Omar Caiola other
Samantha Bratter other
Maria Maltagliati
Lidia Resnick
Jacquelynn Powers
Members:
Fortaleza, Brazil
Santa Marta, Colombia
Nahariya, lsrael
1213112014 Mayor Philip Levine
1213112014 Mayor Philip Levine
1213112014 Mayor Philip Levine
1213112014 Mayor Philip Levine
1213112014 Mayor Philip Levine
1213112014 Mayor Philip Levine
12131t21
12131121
12t31t21
12t31t21
12131t21
12131t21
Name
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jessica
Lisa
Magui
Michelle
Monica
Nuccio
Steven
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Londono
Desmond
Benitez
Ricci
Fluke
Nobel
Adkins
1213112015
't213112015
't213',U20',\5
12131t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t311201s
12t3112015
12131t2015
12t31t2015
12t31t2015
12t31t2016
't2131121
't2131121
12131t21
12t31t16
12t31t21
12131121
12131121
12131121
12131121
12t31t21
12t31t21
12t31121
12t31t16
12t31122
Last Name Position/Title Term Ends: Appointed by:Term Limit:
Brampton, Canada
Almonte, Spain
Basel, Switzerland
other
Rio de Janeiro, Brazil
Fujisawa, Japan
other
other
other
other
Pescara, ltaly
other
Cozumel, Mexico
other
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Phllip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Applicants Position/Title Applicants Position/Title
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsrael Sands
Joseph Hagen
Lila lmay
Rebecca Boyce
Tamra Sheffman
*i+ td;; i ; ;;; 3 o,\' 6i i ;
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
Page 30 of 43 (Conrinued...
583
Board and Committees Current Members
Wesley Castellanos
Friday, January 30, 2015 Page 31 of43
584
Board and Committees Current Members
Normandy Shores Local Gov. Neighborhood Impv.Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of
three members of the Executive Committee of the Normandy Shores Homeowner Association. On
behalf of the Board of Directors, the City Clerk shall solicit from the Executive Committee the eligibity
list of its members for appointment consideration. The Advisory Council shall be composed of the
three members of the Executive Committee of the Normandy Shores Homeowners Association as per
Resolution No. 97-22449 adopted July 2, 1997.
City Liaison: John Woodruff
Appointments To Be Made :
Ronald Loring 1213'112014 City Commission Sec. 34-1
John Bowes 1213112014 City Commission Sec 34-17
Mark Wojak 1213'1120'14 City Commission Sec34-1i
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit:
New Member 1213112016 City Commission Sec. 34-175
Applicants
Lori Nieder
Position/Title Applicants Position/Title
Friday, January 30, 2015 Page 32 of43
585
Bourd and Committees Current Members
Parks and Recreational Facilities Board
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
expertise in the sport of tennis.
Members of the board shall demonstrate interest in the city's parks and recreational facilities and
programs through their own pafticipation or the participation of a member of their immediate family.
Consideration should also be given to individuals who have special knowledge or background related
to the field of parks and recreation.
Sec. 2-171
City Liaison: Elizabeth Valera
Appointments To Be Made :
Chris Growald Tennis
Stephanie Rosen No. Shore Park Youth Ct.
Ronald Krongold Golf
Memtrers:
1213112014 City Commission
1213112014 City Commission
12131120'14 City Commission
1213'U21
12t3'U19
12t3'U19
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Dana
David
Eliane
Haniet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Turken
Berger
Soffer
Halpryn
Caplan
Groff
Zimmerman
Graff
Nieder
Stein
1213112015
12t31t2015
12t31t2015
12t3112016
12131t2015
12t31t2016
12131t2l',ts
12t31t2016
12131t2015
12t31t2016
12131t19
12131119
12131121
12131h5rL
121311',tg
12131117
12131121
12t31h5T/L
12t31t21
12131121
Scott Rakow Youth Ct
Tennis
rL 1213112015
Golf
rL 12t31t2015
City Commission
City Commission
Commissioner Michael Grieco
Commissioner Jonah M. Wolfson
City Commission
Commissioner Deede Weithom
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Micky Steinberg
Mayor Philip Levine
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
Friday, January 30, 2 01 5 Page 33 of 43 (Continued....
586
Bourd and Committees Current Members
Mojdeh Khaghan
Sabrina Cohen
Tiffany Heckler
Friday, January 30, 201 5
Nawaz Gilani
Sam Rabin Jr.
Wesley Castellanos
Page 34 of43
587
Board snd 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: Tenn Limit:
Ivette lsabel Borrello
Matthew Krieger
Rosalie Pincus
Alex Bello eleded 7l3Il20l4 exp.7l3L/2017 Group I
Eduardo Carranza elected 8/2912014 exp.07/3112016 Group II
Evette Phillips elededTl09/20l2exp.7l3L/2015GroupIII
Sylvia Crespo-Tabak Human Resources Director
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission '12131115
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Position/Title Applicants Position/Title
Dr. Elsa Orlandini
Nancy Wolcott
Friday, January 30, 2015 Page 35 of43
588
Board and Committees Current Members
Planning Board Sec"r18-51
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 expeftise in the fleld of design, planning, historic
preseruation 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 preservation;
B) Is responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
C) Is recognized by the city commission for contributions to historic preseruation, education or
planning; and
5) three persons who are citizens at large or engaged in general business in the city
No person except a resident of the city, who has resided in the city for at least one year shall be
eligible for appointment to the planning board. The City Commission may waive the residency
requirements by a 5/7ths vote in the event a person not meeting these requirements is available to
serve on the board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Appointments To Be Made :
Jean-Francois Lejeune Architect 1213112014 City Commission 12131117
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Brian Elias General Business 1213112015 City Commission 12l31hg
Jack Johnson Historic Preservation 1213112016 City Commission 12131118
Jeffrey Feldman Developer 1213112015 City Commission '12131119
Jonathan Beloff Attorney 1213112015 City Commission 12131115
Randolph Gumenick General Business 1213112015 City Commission 12131119
Reagan Pace General Business 1213112016 City Commission 12131120
Applicants
Andres Asion
Christine Florez
Daniel Veitia
David Wieder
Dominique Bailleul
James Silvers
Jeffrey Cohen
"i;;i;tr" t*i;;T o;;b:ii
Position/Title Applicants Position/Title
Brian Ehrlich
Daniel Hertzberg
David Kahn
Deborah Castillo
Jack Benveniste
Jared Galbut
Jennifer Lampert
Page 36 of 43 (Continued....
589
Bourd and Committees Current Members
Jessica Conn
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Sabrina Cohen
Suzanne Hollander
Friduy, Junuary 30, 2015
Kathleen Phang
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Seth Frohlich
Page 37 of 43
590
Board and Committees Current Members
Police Citizens Relations Committee
Composition:
The committee shall consist of fourteen (14) voting members. The members shall be direct
appointments with the Mayor and City Commissioners, each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the committee shall have knowledge of and interest in
Police Community Relations and their impact on the City of Miami Beach. Recommendation for
appointment to all voting and nonvoting membership selected by the Mayor and Commission shall be
encouraged to be obtained from the Spanish-American League Against Descrimination (S.A.L.A.D.);
the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation League (A.D.L.); the
Dade Action Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the
League of Women Voters and the other organizations deemed appropriate.
City Liaison: Chief Daniel J. Oates
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Limit:
Sec. 2-190.36
Antonio
Bruce
Claire
Daniel
Jared
John
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Hernandez Jr.
Reich
Warren
Aronson
Ptitt
Kanter
Sheppard-Broad
Wolfson
Perlmutter
Gonzalez
Lopez
Oppenheimer
Leser
Lucero
12t31t2016
1213112015
1213112016
1213112016
1213112015
1213112015
12t31t2016
1213112016
12131t2016
12131t2015
'12131t2015
12t31t2016
12t31t201s
12t31t2015
Commissioner Joy Malakoff 12131121
CommissionerMickySteinberg 12131121
CommissionerMichaelGrieco 12131121
CommissionerMickySteinberg 12131121
CommissionerDeedeWeithom 12131115
Mayor Philip Levine 12131122
Commissioner Ed Tobin 12131121
CommissionerJoyMalakoff 12131121
CommissionerMichaelGrieco 12131120
Commissioner Ed Tobin 12131115
Mayor Philip Levine 12131121
Commissioner Jonah M. Wolfson 12131117
Commissioner Jonah M. Wolfson 1213'1121
CommissionerDeedeWeithom 12131119
Applicants
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
lrene Valines
Joseph Hagen
Larry Colin
Lee Zimmerman
Lori Gold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Richard Preira
Zeiven Beitchman
F, ii;;; n;;;;,,y r o, 2 u s
Position/Title Applicants
Daniel Nagler
Eric Lawrence
Heather Davis
Jill Shockett
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
Stephen Fox, Jr.
Position/Title
Page 38 of 43
591
Board and Committees Current 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
Members:
Name Last Name Position/Title Term Ends: Appointed by: Tenn Lhnit:
Belkys Nerey Production 1213112015 Commissioner Deede Weithom 12131118
Bruce Orosz Fashion TlL20'15 1213112015 Commissioner Ed Tobin 'l2l31h5f lL
Daniel Davidson Fashion 1213112016 Commissioner Michael Grieco 12131121
Joanna Popper News Media 1213112016 Commissioner Joy Malakoff 12131121
Joanna-Rose KraviE Recording lndustry 1213112015 Commissioner Micky Steinberg 12131121
Noreen Legault-Mendoza TV/Film 1213112015 CommissionerJonah M. Wolfson 12131117
Applicants Position/Title Applicants Position/Title
lrene Valines Samantha Bratter
Friday, Junuary 30, 2015 Page 39 of43
592
Board and Committees Current Members
Sustainability Committee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the
Mayor and each City Commissioner. A Commissioner, appointed by the Mayor, shall serve as a non-
voting member and shall serue as the chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to
provide and promote general environmental improvement trends, or "Green Initiatives," and
"Sustainable Development", which is herein defined as a pattern of resource use that aims to meet
community needs while preserving the environment so that these needs can be met, not only in the
present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City
Manager to promote Citywide Green Initiatives and to promote and provide plans for Sustainable
Development in the City of Miami Beach.
City Liaison: Elizabeth Wheaton
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Cheryl
Commissioner
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Grieco
Doebler
Leibowitz
Furst
DeFilippi
Vincenti
Hart
't2t31t2016
't2t31t2015
1213112015
12t31t2015
12t31t2015
12t31t2016
1213112016
1213112015
CommissionerJoyMalakoff 12131121
Mayor Philip Levine
CommissionerMickySteinberg'12131120
CommissionerDeedeWeithom 12131115
Commissioner Jonah M. Wolfson 12131115
Commissioner Ed Tobin 12131121
CommissionerMichaelGrieco 12131121
Mayor Philip Levine 12131121
Applicants Position/Title Applicants Position/Title
Amy Rabin
Jenifer Caplan
Russell Hartstein
Friday, January 30, 2015
Andrea Travaglia
Marivi lglesias
Walker Burttschell
Page 40 of 43
593
Board and Committees Current Members
Transportation, Parking, Bicycle-Ped. Fac. Comm.Sec. 2-190.91
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 Transpoftation and Parking Committee,
2) Miami Beach Community Development Corporation,
3) Ocean Drive Association,
4) Miami Design Preseruation League,
5) North Beach Development Corporation,
6) Mid-Beach Neighborhood or Business Association,
7) Lincoln Rd Marketing, Inc.,
On an annual basis, the members of the committee shall elect a chairman and such other officers as
may be deemed necessary or desirable, who shall serve at the will of the committee. Seven (7)
members of the committee shall consist of a quorum of the committee and shall be necessary in
order to take any action.
The members of the voting committee shall have knowledge of and interest in transpoftation and
parking and their impact on the city. The members designated by their respective community
organization shall provide a letter from such organization certifying that designation to the city clerk.
AS PER ORDINANCE 2074-3847, NEW COMPOSION EFFECTIVE 0513U2074:
City Liaison: Saul Frances
Appointments To Be Made :
Hector Fontela
Vacancy:
To replace Maria
Mayer
Members:
1213112014 Mayor Philip Levine
12/3112015 Commissioner Ed Tobin
1213112',1
Member Lincoln Road M
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Deborah Ruggiero
Frederick Sake
Charles
Ray Breslin
Scoft Diffenderfer
Seth Wasserman
Al Feola Member
Delvin Fruit Member
Jo Asmundsson Member
Madeleine Romanello Member
Mark Weithorn Member
William "Bill" Hahne Member
1213112016 CommissionerMickySteinberg 12131121
1213112016 CommissionerDeedeWeithorn 12131122
1213112015 CommissionerJoyMalakoff 12131121
1213112015 CommissionerJonah M. Wolfson 12131115
1213112015 CommissionerMichaelGrieco 12131116
Ocean Drive Association
MBNA
MBCDC
MBCC
NBDC
MDPL
Friday, January 30, 20 I 5
594
Bourd and Committees Current Members
Applicants Position/Title Applicants Position/Title
Allison Stone
Lila lmay
Lisa Almy
Marina Aviles
Rafael Leonor
Leif Bertrand
Lindsay Genet
Lisa Almy
Mayela Mueller
Robert Lopez
Friday, January 30, 2015 Page 42 of43
595
Board and Committees Current 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 article 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
Vacancy:
To replace Steven At-Large L2/3I120L6 City Commission
Adkins
Members:
Name Last Name Position/Title Term Ends: Appointed by: Term Limit:
Adrian Gonzalez AfLarge
Daniel Hetberg At-Large
Stephen Hertz Allarge
1213112015 City Commission 12131119
1213112015 City Commission 12131119
1213112015 City Commission 12131119
Tim Nardi Hotel lndustry 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
Friday, January 30,2015 Page 43 of43
596
Neighborhood/Community Affairs Commiftee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Vice-Chair
Member
Alternate
Liaison
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Jonah Wolfson
Commissioner Joy Malakoff
Mayor Philip Levine
Commissioner Micky Steinberg
Patricia Walker, CFO
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney, Planning Director
Commissioner Ed Tobin
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Vania Pedraja, City Manager's Offlce
lpmhffi [y
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Sustainability & Resiliency Comm ittee
Chairperson
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Grieco Mayor Levine
Commissioner Micky Steinberg Mayor Levine
Commissioner Deede Weithorn Mayor Levine
Commissioner Joy Malakoff Mayor Levine
Elizabeth Wheaton, City Manager's Office
Gity Gommi$sion Gommittees
tnmmlttss Posftm l}tt llams
Finance & Citywide Projects Committee
Land Use & Development Gommittee
Chairperson Commissioner Joy Malakoff
Wednesday, February 02, 2015
F:\CLER\BOARD AND COMMITTIES DATABASE\COMMISSION COMMITTEES\City Commission Committees As Of O,l142o15.Docx
597
NON.CITY COMMISSION COMMITTEES
Moyor Philip Levine
. Miomi-Dode Metropoliton Plonning Orgonizotion
Commissioner Deede Weithorn
o Miomi-Dode County Homeless Trust Boord
Commissioner Joy Molokoff
o FIU Wolfsonion Advisory Boord
Victor Diqz
. Miomi-Dode County Chorter Review Tosk Force
R.icky Arriolq, Richord Milstein ond Lony Colin. The Adrienne Arsht Center for the Performing Arts Center Trust
Christine A. Gudoitis qnd Borboro 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 Porks
o Miomi-Dode County Leogue of Cities
o Miomi-Dode County Tourist Development Councilo Notionol Leogue of Cities
o South Florido Eost Coost Corridor Coolition
. U.S. Conference of Moyors
F:\CLER\BOARD AND COMMITTIES OATABASE\NON CITY COMMISSIONS MASTER\Non-City Commission As Of January 2O'tS.Dod
598
r--. --.I--
City of Miomi Beoch, ,l700
Convention Center Drive, Miomi Beoch, Florido 33 139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
I
FROM: Rafael E. Granado, City Clerk rc{l-l
DATE: February 11,2015 I t
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS
ADMINISTRATION RECOMMENDATION
Make appointments as indicated.
ANALYSIS
The applicants that have filed with the Office of the City Clerk for the below At-Large appointments
are included herein:
BOARDS AND COMMITTEES
1, AFFORDABLE HOUSING ADVISORY COMMITTEE
vAcANT CATEGORTES (7):
o One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is a representative of those areas of labor actively engaged in home
building in connection with affordable housing.
. One citizen 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 actively serves on the local planning agency pursuant to Florida
Statute S163.3174 (Planning Board member).
. One citizen who resides within the jurisdiction of the local governing body making the
appointments.
. One citizen who represents essential services
housing assistance plan.
personnel, as defined in the local
F:\CLER\COMMON\201s\02112015CM\BCAPPOINTMENTSATLARGEFORFEBll 2olsCOMM|SS|ONMEET|NG.D^^- Da^^'r
Agendattem RQAl-
Date 2-ll-lf-599
POSSTBLE REAPPOINTMENTS TO BE MADE (2):
. One citizen actively engaged as a for-profit provider of affordable housing.
Muayad Abbas For Profit 12t31t2014 12t31t17
. One citizen actively engaged in the banking or mortgage banking industry in connection
with affordable housing.
Juan Rojas Banking/Mortgage 12131t2014 12131116
2. ART IN PUBLIC PLACES COMMITTEE
vAcANT CATEGORTES (0):
POSSTATE REAPPOINTMENTS TO BE MADE @):
o Members 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.
Cathy Byrd 12131t2014 12t31t19
Janda Wetherington 12t31t2014 12t31t16
Susan Caraballo 12t3112014 12l3it1!
Megan Riley 12131t2014 12t3jt16
3. BUDGET ADVISORY COMMITTEE
vAcANT CATEGORY (1):
o One certified public accountant.
POSSTBLE REAPPOINTMENTS TO BE MADE (1):
o One financial advisor.
Brian Harris FinancialAdv. 12131t2014 12131119
4. DESIGN REVIEW BOARD
vAcANT CATEGORTES (2):
. One landscape architect registered in the State of Florida.
o 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.
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5. HEALTH ADVISORY COMMITTEE
vAcANT CATEGORTES (2):
. One member shall be the Chief Executive Officer (CEO) from Miami Beach Community
Health Center or his/her designee administrator.
. One member shall be a physician or an individual with medical training or experience.
POSSTBLE REAPPOINTMENTS TO BE MADE (5):
o Two members shall be physicians.
Dr. Stacey Kruger Physician 1213112014 12131t16
Dr. Jeremy Green Physician 12131t2014 12t31119
o Two members shall be an administrator from an Adult Congregate Living Facility
(ACLF), and/or an Asslsted Living Facility (ALF)RachelSchusfe ACLF 12t31t2014 12t31t16
Anthony Japour ACLF 1213112014 12t91t16
. One member shall be the chief executive officer (CEO's) or a designated administrator
from Mount Sinai Medical Center.
Sfeyen Sonenreich CEO/Mt. Sinai 12131t2014 N/A
6. HISTORIC PRESERVATION BOARD
vAcANT CATEGORTES (1):
o At-Large member who has resided in one of the City's historic districts for at least one
year, and has demonstrated interest and knowledge in architectural or urban design
and the preservation of historic buildings.
POSSTBLE REAPPOINTMENTS TO BE MADE (3):
o A representative from the Miami Design Preservation League (MDPL) selected from
three names nominated by the League.
Herb Sosa MDPL 12131t2014 12t31t15
o fl representative from Dade Heritage Trust (DHT) selected from three names
nominated by the Trust.
Jane Gross Dade Heritage12t31t2014 12t31t16
. An At-Large member who has 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.
Dominique Bailleul At-Large 12t31t2014 12t3il16
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601
7. MIAMI BEACH CULTURAL ARTS COUNCIL
vAcANT CATEGORTES (3):
o To be appointed At-Large.
POSSTBIE REAPPOINTMENTS TO BE MADE (1):
o At-Large
Melvin Gregory 12131t2014 12t31t15
8. MIAMI BEAGH HUMAN RIGHTS COMMITTEE
vAcANT CATEGORTES (0):
possrBlE REAPP0INTMENTS TO BE MADE @):
. To be appointed At-Large.
Rachel Umlas 12t31t2014 1Zt31t1B
Monica Haruey 12t31t2014 1Zt3il1|RafaelTrevino 12131t2014 12t31t16
Amy Rabin 12131t2014 12t31t19
9. NORMANDY SHORES LOCAL GOV. NEIGHBERHOOD IMPROVEMENT DISTRICT
vAcANT CATEGORTES (0):
POSSTBIE REAPPOINTMENTS TO BE MADE (3):
. Composed of three members of the Executive Committee of Normandy Shores
Homeowner Association.
Ronald Loring 12t3112014 N/A
John Bowes 12131t2014 N/A
Mark Wojak 12t31t2014 N/A
10. PARKS AND RECREATIONAL FACILITIES BOARD
vAcANT CATEGORTES (0):
possrBl-E REAPPOINTMENTS TO BE MADE (3):
o Tennis: A member who has demonstrated a high degree of interest, participation and/or
expertise in the sport of tennis.
Chris Growald Tennis 12t3112014 12t31t21
o Youth Center: A member having an affiliation with the city's youth centers, with one
member affiliated with the Scott Rakow Youth Center (SRYC), and one member with the
North Shore Park Youth Center (NSPYC).
StephanieRosen NSPYC 12t31t2014 j2t31t19
. Golf: A member who has demonstrated a high degree of interest, participation and/or
expertise in the sport of golf.
Ronald Krongold Golf 12t31t2014 12t31t19
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602
11. PERSONNEL BOARD (5/7th Vote Required)
vAcANT CATEGORTES (0):
possrBtE REAPPOINTMENTS TO BE MADE (3):
o Citizens of Miami Beach
vocation.
Mojdeh Khaghan
Gabriel Paez
Lori Gold
not in the employment of the city, each having a different
12t31t2014 12t31t16
12t31t2014 12t31t15
12t31t2014 12t31t18
12. PLANNING BOARD
vAcANT CATEGORTES (0):
possrBtE REAPPOINTMENTS TO BE MADE (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.
J e an- F rancoi s Leje u n e Architect 1213112014 12t31t17
13. VISITOR AND CONVENTION AUTHORIry
vAcANT CATEGORTES (1):
o At-Large - none of whom shall be representative of the hotel industry.
possrBrE REAPPOINTMENTS TO BE MADE (2):
r A representative of the hotel industry.
Margaret Benua Hotel lndustry 1213112014 12131111
o At-Large - none of whom shall be representative of the hotel industry
Aaron Perry At-Large j2t31t2014 12t31t16
Please see the 'Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Archives website is located at:
http://m iam i beachfl. 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 ihe bottom right hand side of
the webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission
meeting and click on City Commission At-Large Nominations.
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R9 - New Business and Commission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM R,q BbL
DArE 2'll-lf
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R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Agenda ltem R!19-
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MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and the City
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: Agenda ltem R9D - Update on
Camera Deployment
ice Department Policy on Body
This memorandum is prepared to advise the Commission that the Police Department has
drafted a policy for the use of body cameras by police olficers during an initial pilot phase of
the program. The attached policy addresses all elements of use, recording, storage,
retention and distribution of digital material captured by the cameras.
The deployment of body cameras by law enforcement agencies is a new and evolving issue
in American policing. ln arriving at this initial policy, the Department reviewed a wide variety
of similar polices from around the state and country, as well as a national study conducted
by the Police Executive Research Forum (PERF). Because this technology is so new, there
isnosettled"bestpractice"intheindustry. lnstead,thereisavarietyofapproachesbypolice
departments on several important issues, such as whether to record crime victims' and
witness' statements, whether to turn the camera on in a home, and how long to keep
records.
The attached policy has been reviewed by the City Attorney's office, which concurs that it is
appropriate for an initial pilot program. The Chief of Police is awaiting comment from the
Fraternal Order of Police (FOP) regarding the proposal and will consider the comments by
the FOP before settling on any final policy.
The Chief and the MBPD Command Staff fully expect that this policy will almost certainly
undergo revisions during the pilot phase of deployment. There will be feedback and lessons
learned -- from officers, their supervisors and residents that are impacted by the pilot
program. Also, there arc a host of logistical challenges associated with capturing,
downloading, storing and retrieving the digital recordings, all of which will impact the
determination of a final policy.
An initial shipment of cameras has arrived. Officers must still be trained on camera
operations and on their policy for use. ln addition, a special room must be built within MBPD
headquarters to secure the cameras during the time between shifts, when they are
downloading data. At the moment, the Department is hopeful that the first cameras will be
deployed sometime in March, 2015.
Agenda Item R9D-
oate 2-Jl:15-
.rr-nr@tr
609
MIAMIBEACH
YryYYtrre,
STANDARD OPERATING PROCEDURE soP #xxx
PORTABLE VIDEO RECORDERS
CALEA Standard(s):
:.44'
PURPOSE: To establish guidelines and procedures for the uie, maintenance and management of body-
worn portable video recorders (PVR).
:SCOPE: This Standard Operating Procedure (SgPl appties to all Department employees.
POLICY: lt is the policy of the Department to uiitize pVn devices to documenl law enforcement
interactions with the public by providing recorded evidence of actions, conditions and
statements. Employees have a legal right to capture and'record footage during all official
interactions.
DEFINITIONS: =,'
CALL FOR SERVICE - Any dispatched or self-initiated activlty by any employee to resolve, correct or assist
a particular situation.
CITIZEN INTERACTION - Any call for service, consensual encounler, investigatory stop, traffic stop, arrest,
pursuit, use of force, search, interview, or any other form of contact with, or observation of, a member of the
public or person under investigation or detention.
FOOTAGE - Refers to all sounds, images, and associated metadata.
l. Operati6n'and Use
A. Use of$e issued PVR is mandatoiy for all employees working in a uniformed assignment as
follows:
1. Regular On-duty or Overtime assignments: Reserve Officers, Police Officers, and Sergeants;
and
2. Off-duty Oeta ll s*orh*i""rs up to and including the rank of Major.
B. PVR User ProceOuredii,s.ilt
1. PVR mounting and placement on the officer shall be determined by the Chief of Police and/or
the Training Unit with appropriate consideration given to practical factors such as the PVR
configuration and tactical applications.
2. The PVR shall be activated during all citizen interaction and investigations, whether officers
are in contact with a citizen or not, except as set forth herein. Officers shall not activate the
PVR:
a. While performing administrative functions such as report writing;
b. While on breaks;
Effective Dale: 1 1231201 5
Revised Date:
SOP #XXX
Page 1 of 6
MtAlruEEACllPOLTEE
610
c. When discussing a specific case or exploring investigative strategies or options with
other officers. However, the PVR shall not be turned off for this purpose during the initial
police response to a call for service, crime scene or other police event; and
d. Employees are not expected to record informal interactions or conversations with the
public that are routine in police work, such as exchanging pleasantries with passersby,
providing directions, making friendly conversation with local merchants, attending
community meetings, etc.
3. Employees are not legally obligated to advise a person that he or she is being recorded by
the PVR. lf asked, the employee shall acknowledge that the PVR is recording.
4. ln all cases where an incident is generated on the CAD, whether dispatched or self-initiated,
employees shall document use of the PVR in all related ieports, or in the CAD notes if no
report is required.
5. Employees who fail to activate the PVR when required shall:
a. Notify their immediate supervisor as soon as practiCabie, but no later than the end of
their tour of duty or detail; and
b. Document the name of the supervisor notified and the reasons for failing to activate the
PVR on all reports related to the incident. When no reports are required, an incident
shall be generated on the CAD and documented in the CAD notes.
6. The PVR shall only be deactivated upon the conclusioh of ine citizen interaction, incident or
the call for service.
7. Employees using a PVR during interviews, interrogations, statements, confessions, and/or
utterances shall: 1t.z.la,u,c1
a. Document the existence of a recorded stbtement on all applicable reports; [84.1.ic]
,b. Properly record Miranda warnings;
c. Attempt to secure a signed consent @;r"r form(i)from the individual(s); and
d. Document all c1L1nts,waivers and/of fafusals on camera and in writing.
8. Employees shall only use theii issued PVR oi::a replacement authorized and configured by
the PVR Sli$t€'m AdminiStrator. '
9. Employees shall notify his/her supervisor at the conclusion of any encounter that may
$6'nerate a complaint. ,ii,i,
10. VieWing, Data Transfei and Categorizing PVR Recordings
a. ReCordings may be viewed by:
1) Employees, supervisors, and investigators when preparing incident reports to
enSilidLthe accuracy and consistency of the incident documentation;
2) An involved employee prior to making a statement concerning a recorded incident
that might be used in an administrative review or court proceeding; and
3) The City Attorney or his/her designee with notice to the Chief of Police.
b. Recordings may be accessed:
1) lmmediately, via the issued portable media player (PMP); or
2) By accessing the storage seryer once all the data has been uploaded.
c. Employees shall accurately categorize and label PVR recordings at the conclusion of
each incident, but no later than the end of their tour of duty or detail. tsl.r.raI
Effective Date: I 12312015
Revised Date:
SOP #XXX
Page 2 of 6
MlAle{8EAC}|POLICH
611
1) Employees shall contact their supervisor if they need assistance with categorization
of recordings or retention guidelines.
2) PVR recordings may document the discovery and/or collection of evidence.
Employees, investigators or supervisors shall categorize PVR recordings to
preserve footage of evidentiary value. 183.2.21
3) Employees shall label each recording with the CAD incident number if one was
generated.
d. PVR devices shall be placed in the secure transfer dock at the conclusion of each
employee's on-duty, off-duty, or overtime detail. Once docked, the PVR shall not be
removed until the upload process has been complete-d-
e. Supervisors may review video footage in the following circumstances:
1) lndependently or when requested by an:employee to document exemplary
performance, heroic actions and/or other:praiseworthy service for appropriate
recognition and commendation;
2) To investigate a complaint again$t,ran officer or a ipecific incident in which the
officer was involved; .,.?i,
_..,..3) When there is a pattern of allegations of abuse, misconduct or the Personnel Early
Warning System (PEWS) has triggered;
4) To identify videos for, |qaining purposes and instructional use; ',,
5) When officers are on probationary status or with a field training officer; or
6) When officers agree to a more intensive review as, a condition of employment.
f. Designated supervisors, at thq directionrof:the Chief of Police, may conduct random
audits of PVR footage to monitor compliance with the program and assess overall officer
performance: Audits shall be truly random-and not he used to target a specific officer.
C. Prohibited Actions and Conduct
1. Prohibited Recordings ' :i
?= lt shal e prohibited to use the PVR to re :
i==' 'l ) Discussion of a case with other offieers;
',',, 2) Conversations with fellgw agency personnelwithout their knowledge during routine-',,,.,, ron-"nforcementactivities;
3) Confidential informants or undercover officers;
4) Strip searches; or
5) nny iootage in places where there is a commonly held expectation of privacy, such
as locker rooms, dressing rooms or restrooms.
b. The prohibitions set forth in this section do not apply in circumstances where the PVR is
recording conduct pursuant to official law enforcement action.
2. Releasing, posting, or sharing any footage on any social media site is prohibited.
3. Making copies of any PVR recording for personal or any other use; or using a secondary
recording device, such as a camera or cell phone, to record images or sound captured by the
PVR is prohibited.
4. Tampering with the PVR or employing any device which interferes with its operation is
prohibited.
5. Erasing, altering, modifying, or tampering with any recording captured by a PVR is prohibited.
Effective Date: I l23l2O1 5
Revised Date:
SOP #XXX
Page 3 of 6
MIAMEEAf,}IPCDLTEE
612
D.
E.
6. Allowing citizens to review any recordings is prohibited, except when appropriate in response
to a public records request or court order.
7. Using personal or privately-owned PVRs while working in an on-duty or off-duty capacity is
prohibited.
The Chief of Police or designee may authorize the release of specific PVR footage when he or she
deems it to be in the best interest of the Department.
Employees shall notify their immediate supervisor and provide details of any restricted and/or
prohibited footage captured by their PVR.
Supervisory Responsibilities
1. Supervisors shall ensure that employees comply with all PVR-related training.
2. Supervisors shall document circumstances in which ah:-employee failed to activate the PVR,
improperly deactivated the PVR or captured restriCted/p-rohibited footage. The supervisor
shall submit a memorandum to his or her Division$mmahderdetailing the findings.
a. lf the Division Commander determines the action was intentiolal or avoidable, he or she
b. lf the Division Commander determines a restricted/prohibited iecorOing was inadvertent
or unavoidable, the details of the incideht shall be provided to the Chief of Police who
shall provide further direction to the PVR System Administrator.
3. ln cases where the immediate retrieval of PVR footage is required, supervisors shall collect
the PVR from the employee and foll0W data transfer procedures. Upon completion of the data
transfer, the PVR shall be returned to the employee ahd involved personnel shall be notified
when the footage is available for review.
4. Supervisors shall reYiew PVR footage in all cases where there:was a use of force, pursuit,
injury to officer, injury to prisoner, citizen complaint, or any other circumstance where the
recording may clarify events.
..a. lf an Officer is involved ihia shooting or other incident that results in serious bodily harm
or death to anyone, an on-scene supervisor shall immediately take custody of the
inVolvedpfficer's PVR for dvidence preservation pu rposes.
,b. 'Supervis6B,shall notify their Chain :of Command of instances where a controversial
citizen-poliie encounter has occurred. The employee's Captain shall review the
encounter and set the appropriate category for retention in conjunction with the City
Attorney or his/her designee.
5. Supervisnrs have an obli@tion to cohfer with officers at the end of each tour of duty or detail
to provide guidance and ensure that PVR recordings are categorized and preserved
consistent with this policy; i:
PVR System Administrator shall be responsible for:
1. Setting and maintaining user and group authority levels, passwords, and any other required
configuration of the evidence storage system under direction of the Chief of Police or
designee; t41.3.sbl
2. Managing inventory, issuing devices, and updating device settings;
3. Assisting with manual downloads to the storage server, when necessary;
4. Handling recordings of restricted/prohibited footage pursuant to direction from the Chief of
Police. A log shall be maintained of all deleted, copied and/or edited recordings, which shall
be kept in perpetuity;
5. Managing the list of categories and notifying supervisors when users fail to categorize their
PVR recordings or othenruise fail to properly use, store or maintain their issued PVR;
F.
G.
Effective Dale: 1 1231201 5
Revised Date:
SOP #XXX
Page 4 of 6
MIAMISEiO{peLIere
613
6. Providing support to Department employees in all aspects of the PVR and evidence storage
sYstem;
7. Maintenance of an audit system that monitors and logs access to recorded data;
8. Maintenance of a system for the management of data retention and data purging; and
9. Conducting forensic reviews when directed by the Chief of Police or designee to determine
whether PVR equipment and/or recorded data have been tampered with.
ll. Maintenance[17.5.31
A. User
1. Employees shall inspect and test their PVR and allassociaied equipment at the beginning of
their shift.
2. Employees shall ensure that the PVR lens and miCrophone are clear of debris that may
obstruct or in any way degrade images or audio- -.:: i=ir,,
3. Employees shall ensure the PVR battery is fully:charged at th6,start of their assignment.
4. Any damage, malfunction or other operational'problem shall be,ieported to the employee's
supervisor and the PVR System Administratot.
B. Supervisor
1. When notified that a PVR is damaged or malfunctioning, the supervisor shall inspect the
device and decide whether to Cdntinue using the PVR.or return it for repair or replacement.
Supervisors must consider the extent of damage and the availability of spare or replacement
devices.
2. PVR devices shall be inspected durihg semi=annu={.Line lnspeclions.
C. PVR System Administlator Shall evaluate all devices tUiried in due to damage or malfunction.
1. The PVR Syst@ Administrator shall make any repairs theyidre qualified to perform.
2. Any device whi€h cannot be'iepaired by.:{hs PVR System Administrator shall be sent for
A. Employees shall receive,handS"on training by the:.Training Unit prior to being issued a PVR. lnitial
training shall include at a minimum:
1. Thorough review of :this SOP and relevant state and federal laws governing consent,
evidence,,p.rivacy, and puhl disclosure;
2. Hardware operation, charging, docking, malfunctions, lost or damaged equipment;
3. Categorization, data tra'h*r procedures, data access, security, retention guidelines,
reporting improper+ecordings, and preparing and presenting digital evidence for court; and
4. Hands-on exercises that replicate operating the PVR.
B. Training shall be given to the following employees:
1. All personnel issued a PVR;
2. Supervisors of officers who wear PVRs;
3. Command Staff;
4. Records Management Unit;
5. Property and Evidence Unit;
6. Training Unit;
Effective Dale: 1 12312015
Revised Date:
SOP #XXX
Page 5 of 6
MIAMISE.AC}IpoLa€iru
614
7. lnternal Affairs Unit; and
8. PVR System Administrator.
C. Annual refresher training shall be provided by the Training Unit.
D. The PVR System Administrator shall ensure that all PVR training meets current manufacturer
guidelines and specifications.
lV. Data Retention Guidelines and Public Records Requests [41.3.sc]
A. All digital recordings collected using the PVR system are official records, and are the exclusive
property of the Miami Beach Police Department. The Department will retain any video captured by
Department issued PVRs for 30 days, except as set forth belo-w:
1. Recorded data associated with an arrest, use of force, pursuit, criminal investigation, lnternal
Affairs investigation and/or complaint against an employee shall be retained pursuant to the
General Records Retention Schedules established by the Florida Department of State and
instructionsfromtheCityAttorneyorhis/herdesignee.
2. Vehicle crashes involving an employee and events involving injury to an employee and/or
citizen, or any recording of an event or public interaction the officer or his or her supervisor
reasonably believe could lead to litigatioh'against the officer or the City of Miami Beach shall
be retained for five (5) years.
3. Police interaction or delivery of police services that may be perceived as controversial shall
be reviewed by the employeeis Captain. The Captain shall set the appropriate category for
retention in conjunction with the Olty Attorney or his/her designee.
B. The Departmentwill invoke appropriate exemptions setforth in Florida Statutes, Chapter 119, or
any other statutory provision limiting or restricting access to vide6 recordings or metadata in cases
involving officer-involved shootings, serious use of force, officer misconduct, or any other
circumstances as determined by the Chief of Police or deSignee.
1. This section $hall not be read to obstruct or interfere with an employee's rights as provided by
Florida Statutes or Department Policy.
C. All PVR recordings shall be uploaded to the contiacted storage service provider's system. The
Department reserves the obtion to utilize alternative storage methods on a case-by-case basis at
D. Relb5ie of PVR recordings shall be governed:bf Chapter 119 of the Florida Statutes or other
Florida or Federal law.
E. ffre pVRl.System Administrator shall redact exempt or confidential footage pursuant to the
applicable state or federal statute prior to releasing any recording(s).
V. Discipline
A. Employees who fait:to'comply with this SOP may be subject to progressive disciplinary action up to
and including termination.:
DO/LHAruRG/J B/J E/DM/JAB/PS/EMG
FIPOLl\TECHSER\APSUSOESOP\SOP Portable Video Recorders\SOP XXX - Portable Video Recorders5.docx
APPROVED BY:
DanielJ. Oates
Chief of Police
References to Forms: None
Effective Dale: I 1231201 5
Revised Date:
SOP #XXX
Page 6 of 6
MIAMSEAOIPC)LNEE
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616
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: Februory 3, 2015
Re: Commission Agendo ltem - Discussion regording life Guqrd
Stonds on Miqmi Beqch
Pleose ploce on the Februory 11,2015 Commission Agendo the following item:
Originolly life guord stonds in Miomi Beoch were locoted where there wos o
public beoch. Over the yeors, os beoch renourishment ond sond dunes progroms
hove been implemented the beoch hos grown ond [illed in. As o result, more life
guord stonds were needed ond were instolled in locotions thot were not originolly
public beoches in the post.
ln 2007, l0 new life guord stond locotions were identified ond proposed to
be implemented in phoses. lbelieve sometime in2007, the Commission opproved
the oddition of three new life guord stond locotions ot 5th street, l6'h street ond I Bth
street beoches.
Now is the perfect time to complete the implementotion of this originol plon. I
recently toured the beoch ond identified thot these 6 locotions should receive life
guord stonds (ln my order of priority):
t.Between 64th qnd 53'd Slreets: Currently there is no life guord
stonds between these streets, o spon of 2,056 yords, 6,168 feet or I .l Z
miles. Cleorly this oreo needs ot leost 'l if not 2 new life guord stonds for
public sofety reosons. Eight people hove drowned in this oreo since 2004.
Befween 30th ond 2l't Slreels: 3,600 feet or.68 miles seporote
the life guord stond in this oreo of the beoch. Nine people hove drowned
in this oreo since 2004.
Between 46th ond 4l"t Slreels: For o spon of 964 yords or
2,892 feet, there is no life guord stond. This oreo of mid-beoch gets heovy
use from hotel visitors. Two people hove drowned in this oreo since 2004.
Agenda ttem R?E
Date 4-lt-tf
2.
3.
617
4. Between 53'd qnd 46th Slreels: For o distonce of 3,720 feet or
1,240 yords no life guord stond is in this oreo. Three people hove
drowned in this oreo since 2004.
5. Between 69'h ond 64th Streels: Around 600 yords is the distonce
between life guord stonds in this oreo. Three people hove drowned in this
oreo since 2004.
6. 4th Slreet Beoch: A totol of 514 yords seporote the 5$ street ond 3'd
street life guord stonds. This is the lorgest distonce between life guord
stonds in South Beoch. Public sofety reosons ond high volume beoch goers
suggests thot o new life guord stond should be ploced in this oreo.
With resort tox collection ot on oll+ime high oddition of life guord stonds to
these beoches for our residents ond visitors, is simply common sense.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
618
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, CommissionePf
DATE: February 4th,2015
SUBJECT: Agenda item for February 1'lth,2015 City Commission Meeting
Please place on the February 11th,2A15 City Commission Meeting agenda, a discussion
regarding the collection of delinquent parking impact fees (including pre 2010). A written
progress report, with an alphabetical list of all corporations, LLCs and their named
principles associated with said accounts would be extremely helpful.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We are committd to provlding excellent public service ond sofe\ to oll who live, work, ond ploy in ou ibront, tropicol, historic camnuni\.
Asenda *em R4F
oate 2-ll-l(619
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620
R9 - New Business and Commission Requests
Discussion Regarding Payment ln Lieu Of Parking Program; And Providing List Of The
Top 25 Accounts ln Arrears With A Listing Of Principals Associated With Said Accounts.
(Office of the City Attorney)
Agenda ltem
Date621
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622
R9 - New Business and Commission Requests
RgH Report From Atlantic Broadband Cable.
(Requested by Mayor Philip Levine)
(Requested on January 14,2015 - RgH)
Agenda ltem RQh -oate 2'//'l{623
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624
R9 - New Business and Commission Requests
R9l Discussion Regarding Motorcycle/Scooter Parking ln Conventional Parking Spots.
(Requested by Commissioner Micky Steinberg)
(Pulled from January 14,2015 - RgO)
Agenda ltem 8?f
Date 2'lk t{625
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: Februory 3, 2015
Re:
progrom for qdults wirh disobilities
MEMORANDUM
Pleose ploce on the Februory 11,2015 Commission Agendo the following item:
I would like to discuss with my fellow commissioners storting o progrom where by
odults living with disobilities con work with the city. Hoving such o progrom could fill
the need lost by the nursery up in North Beoch os well os the voluoble lessons to the
porticiponts ond our employees. I hove some ideos but would like to run them by ,y
fellow commissioners in o full commission setting so thot stoff con begin to set up such
o Progrom.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JV/
Agendaltem 8?I
Date 2' ll-t {627
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628
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO SSION MEMORANDUM
February 11,2015
DISCUSSION: PLANNING RESOLUTION
A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF MIAMI BEACH,
FLORIDA, REQUESTING THAT THE MAYOR AND CIry COMMISSION
AUTHORIZE AN IMPACT STUDY RELATING TO TRAFFIC, OPERATIONS,
AND RELATING TO THE VARIOUS TYPES OF MEDICAL TYPE USES
PROPOSED, INCLUDING BUT NOT LIMITED TO URGENT CARE,
OUTPATIENT SURGERY, ETC., TO BE UTILIZED IN CONJUNCTION WITH
ANALYZING THE PROJECT AT 709, 721, AND 745 ALTON ROAD, UNDER
PLANNING BOARD FILE NO. 2151; ON BEHALF OF APPLICANT SOUTH
BEACH HEIGHTS II, LLC AND KMB EQUITIES, LLC
ADM!NISTRATION RECOMMENDATION
Discuss the Planning Board recommendation and provide appropriate policy direction..
BACKGROUND / ANALYSIS
On Wednesday, January 28, 2015, the Planning Board heard almost five hours of testimony
relating to Planning Board File no 2151, for applicants, South Beach Heights ll, LLC and KMC
Equities, LLC, for the prolect at 709, 721 and 745 Alton Road. The applicants sought substantial
modification of a conditional use approval previously granted on February 25,2014. The proposed
uses contemplated appear to be different in scope and intensity, and currently our code does not
provide a definition other than medical office or hospital, and the Planning Board after hearing the
testimony has concerns over the possible impacts to the neighborhood and seeks further
clarification to determine if there is or is not an impact from the various proposed medical-type
uses, identified as, amongst other things, an urgent care center, outpatient surgery center;
diagnostic center. The Code does not define urgent care, outpatient surgery or a diagnostic
center.
The Planning Board unanimously requested the City Commission authorize the expenditure of
funds in order to obtain an lndependent Study of the lmpacts to the Community, and specifically,
the Neighborhood, as it relates to these types of medical uses, and location. A copy of the
resolution of the Board is attached. The Planning Board asks that the City retain a medical
consultant, along with other consultants to address the impact of the uses, the operational plans for
such uses, the traffic relating to such issues, and the intensity of the uses.
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
629
Commission Memorandum
Planning Board Resolution - 709 Alton Road
February 11,2015 Page 2 of 2
The Planning Board has continued File 2151, so that it may obtain the study and better understand
the impacts relating to the project. Based upon the foregoing, the Planning Board asks that the
City Commission authorize the expenditure of funds to conduct the necessary study and move
forward with same, so that the Planning Board may make an informed decision on the pending
application.
CONCLUSION
ln accordance with the January 28, 2015 recommendation of the Planning Board, the
Administration recommends that the Mayor and the City Commission discuss the item further and
provide appropriate policy direction.
JLM/JMJ/TRM
T:\AGENDA\201S\February\Planning Board Referal - 709 AR Analysis - MEM.docx
630
RESOLUTION NO.
A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF MIAINIBEACH, FLORIDA, REQUESTTNG THAT THE MAYOR AND CIry
COMMISSION AUTHORIZE AN IMPACT STUDY RELATING TO TRAFFIC,
OPERATIONS, AND RELATING TO THE VARIOUS ryPES OF MEDICAL
TYPE USES PROPOSED, INCLUD]NG BUT NOT LIMITED TO URGENT
CARE, OUTPATIENT SURGERY, DIAGNOSTICS, MEDICAL OFFICES,ETC., TO BE UTILIZED IN CONJUNCTION WTH ANALYZING THEPR0JEGT AT 709, 721, AND 745 ALTON ROAD, UNDER PLANNTNG
BOARD FILE No. 2tE1; oN BEHALF oF AppLtcANT sourH BEACH
HEIGHTS II, LLC AND KMB EQUITIES, LLC.
WHEREAS, on Wednesday, January 28,2015, the Planning Board heard almost five
hours_of testimony relating toPlanning Board Fite no 2151,1or appticints, South Beach Heightsll, LLc and KMC Equities, LLC, for the project at 70g, 721 and z4s nlton Road; and
WHEREAS, the applicants sought substantial modification of a conditional use approvalpreviously granted on February 25,2014 ("CUp,); and
WHEREAS, the uses contemplated appear to be different in scope and intensity, and
currently our code does not provide a definition other than medical office or hospital, anO ttrePlanning Board afier hearing the testimony, has concerns over the possible impacts to theneighborhood and seeks further clarification to determine if and to whai extent there is or is notan increased impact from the various proposed medical-type uses, identified as, amongst other
things, an urgent care center, outpatient surgery center; diagnostic center; and
WHEREAS, the Planning Board unanimously requested the City Commission authorizethe expenditure of funds in order to obtain an lndependent Study of the impacts to the
Community, and specifically, the Neighborhood, as it ielates to these types of medical uses
which were not contemplated in the existing CUp; and
WHEREAS, the Planning Board asks that the City retain a medical consultant, along
with other consultants reasonably necessary to address the impact of the uses, the operationa-l
plans for such uses, the traffic relating to such uses, and the intensity of the uses; and
WHEREAS, the Planning Board has continued File 2151, so that it may obtain the study
and better understand the impacts relating to the project; and
WHEREAS, the Planning Board asks that the City Commission authorize the
expenditure of funds to conduct the necessary study and move forward with same so that the
Board may proceed with a complete analysis of the project with all relevant information.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING BOARD OF THE CIT/
OF MIAMI BEACH, FLORIDA, AS FOLLOWS: that the Planning Board request that the Mayor
and City Commission authorize an impact study anatyzing the project with emphasis on traffie,
operations, and the impact of the various types of enhanced medical type uses, including buinot limited to urgent care, outpatient surgery, diagnostics, medical offtc6s, etc. to be utilized inthe project at 709, 721, and 745 Alton Road, under Ptanning Board File No. 2151; for
o.631
applicants, South Beach Heights tl, LLC and KMB Equities, LLC.
PASSED AND ADOPTED this Li day of February, 201S.
Secretary to the Plannlng Board
Beloff, Chalr
2
632
g AAIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: February 3'd, 2015
SUBJECT: Discussion regarding The City of Miami Beach sustainability objectives and
priorities for the calendar year of 2015
Please place on the February 11th City Commission Meeting Agenda a discussion item
regarding The City of Miami Beach sustainability objectives and priorities for the calendar
year of 2015.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilled to providing excellent public service ond sofely lo oll who live, work, ond ploy in our vibronf, tropicol, historic cammunilv.
Agenda ttem 119 L
Date 2-ll{-633
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634
@ MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: February 3td, 2015
SUBJECT: Discussion regarding Awareness Program "Don't text and drive, it can save a
life'
Please place on the February 11th City Commission Meeting Agenda a discussion item
regarding the creation of an awareness program "Don't text and drive, it can save a life" that
has been brought forth by a group of students within the community who attend Hebrew
Academy, headed by Alix Klein.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commttted to provtdtng excellent public service ond sofety to oll who live, work, ond play in our vtbront, tropicol, historic comyly
,:::"#(
635
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636
r.-..-.
I-./-,
City of Micmi Beqch, I 700 Convention Center Drive, Miomi Beoch, Florido 33.l 39, www.miomibeochfl.gov
MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: STATUS UPDATE ON THE PAR RANGER PROGRAM
BACKGROUND
An enhancement was approved in the adopted FY 2014115 General Operating Budget to create
a Park Ranger Program in response to a growing need to provide improved security at our
parks. The allocated amount to fund the new program is $208,000. Representatives from Police
and the Parks and Recreation Department have been collaborating to develop a program that
ensures operational synergy between both departments. The program will be housed in the
Parks and Recreation Department. The Police Department will fund one dedicated Police
Sergeant position who will be assigned to work out in the field and oversee the operations of the
program.
A companion item is being presented at the February 11,2015 City Commission meeting
regarding Request for Proposal (RFP) No. 2015-013-WG for security guard services. The total
amount allocated in the FY 2014115 Police Department budget for contracted security services
is $1,382,766 ($947,804 General Fund and $434,962 RDA). ln lieu of providing contracted
security services to the parks, the Administration is recommending to reallocate a portion of the
FY 2014115 funding in order to fund a successful Park Ranger Program. This program would
provide in-house security services at the following City parks:
Soundscape Park
South Pointe Park and Pier
Flamingo Park
North Shore Park & Youth Center
North Beach Area Parks
The Park Ranger Program will provide staffing at the above referenced parks during peak
hours, including weekends and holidays in order to provide enhanced safety and security to our
park patrons. Job descriptions are currently being developed for the newly created positions
and will include job duties which mirror those of a Code Compliance Officer with respect to
issuing code violations.
a
a
a
a
a
Agenda ttem RQ ll
Date 2-ll-ts.637
Commission Memorandum - Status Update on Park Ranger Program
February 'J.L,2015
Page 2 of 2
The proposed staffing for the Park Ranger Program is as follows:
o 1 dedicated Police Sergeant tasked with field work and operational oversight of the
program (funded by Police)
. 1 Park Ranger Field Supervisor (Full-Time)
. 5 Park Rangers (Full-Time)
o Part-Time Park Rangers - FY 2015116 = 22,130* hours (*estimated hours/14 PT
Rangers)
This proposed staffing will provide approximately 3,189 hours a month of security coverage at
the aforementioned parks during the current fiscal year (FY 2014115). This number will increase
to approximately 3,264 hours a month for FY 2015116. The dedicated Police Sergeant and the
civilian supervisor will both be assigned to work out in the field overseeing Park Ranger
personnel. These estimated figures are consistent with the current level of service being
provided through the existing contracted security services. The joint efforts from Police and
Parks and Recreation will help to ensure the City is providing the highest level of security
services for our park patrons. By maintaining oversight of the program, the City will gain better
control over the quality of staffing and customer service being provided. Administration
recommends the City Commission approve the reallocation of existing funding from contracted
services in order to implement the proposed Park Ranger Program. lf approved, the
Administration will finalize the necessary steps in order to begin the recruitment process as
t:\agenda\201S\february\status update on park ranger program memo 2-1 1-15.docx
638
g AAIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner\
DATE: February 4th,2015
SUBJECT: Agenda item for February 11th,2015 City Commission Meeting
Please place on the February 11th,2015 Agenda for City Commission Meeting a discussion
regarding the unbelievable staff design for the Par 3.
lf you have any questions please Oo not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ore conmitled lo proiding excellal public sewice ond sofery b oll who live, worl ond ploy in our vibronl, tropicol, hiJoic cc:lnmunily
Agenda ltem
Date639
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640
Rl 0
GITY ATTORNEY REPORTS
641
MIAMI BEACH
Crty of iliomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: RaulAguila, City Attorney
DATE: February 11,2015
sUBJECT: city Attorney's Status neporqQt (": [-
LAWSU]TS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
2.
vs Cata R.Case No. 14-
30487 CA 23 (Circuit
County, Florida)
Court - 11 Judicial Circuit and for Miami-Dade
This is an action to foreclose a mortgage on real property located 733 85th
Street, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on January 6, 2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services,
demolition or board-up liens, and resort taxes was filed on January 12,2015.
Marcia Chappell v. Citv of Miami Beach. Case # 14-030938 CA 01 (Circuit Court -
11th Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 8,2015 alleging that on May 17,
2014, the plaintiff, Marcia Chappell, was using the bathroom at the North Shore Open
Space Park at Collins Avenue and 81 Street, Miami Beach, Florida when the
bathroom fell on the plaintiff/the defective door caused injury to the plaintiff. We shall
file our response and propound discovery to the plaintiff.
Brvan Silber. individuallv and on behalf of others similarlv-situated. v. Citv of
North Miami. Citv of Miami Beach. Florida Dep?rtment of Revenue. American
Traffic Solutions. lnc. ATS Consolidated. Inc.. American Traffic Solutions. LLC.
American Traffic Solutions Consolidated. LLC. and Xerox State and Local
Solutions. lnc. f/Ua ACS State and Local Solutions Case No. 1:14-cv-24760-UU
(United States District Court Southern District of Florida)
The City of Miami Beach was seryed with a Federal Summons and Class Action
complaint (the "class Action complaint") on January 16, 2015. The class Action
Complaint asserts that the City of Miami Beach's Red Light Camera Program
pursuant to Section 316.0083 of the Florida Statutes, is an unlawful delegation of
municipal (Police Power) authority. The Class Action Complaint further asserts that
the City of Miami Beach should be enjoined from the issuance of violations pursuant
to Section 316.0083, and that the City's Red Light Camera Program be declared an
improper and unlawful delegation of police power, rendering the issuance of any
violations unlawful under Florida Law.
Agenda ltem
Date
3.
Rl0 t+-2t117642
City Altorney's Report
February 11,2015
Page 2
The City has requested that Xerox (the City's Vendor) indemnify, hold harmless,
assert defenses on its behalf, and continue defending the City through the conclusion
of the pending Federal Class Action Lawsuit pursuant to the Agreement. The Class
Action Lawsuit directly challenges the City's Red Light Camera Enforcement Program
("the Program") pursuant to the Agreement between Xerox and the City, which
expressly authorized the issuance of violations against owners of those motor
vehicles who proceeded into an intersection equipped with a traffic control signal
monitoring system operated by Xerox. In that regard, the Class Action Lawsuit seeksto invalidate the City's Program and any violations issued accordingly, and to
disgorge those monetary payments received under the Program.
The City estimates that the amount of losses will be those monetary payments that
have been received under the Photo Red Light Enforcement Program, and the
awarding of attorneys'fees, if any, and costs of litigating the Class Action Lawsuit. At
present, the Federal Court has dismissed the Class Action Complaint without
prejudice, but it is expected to be refiled.
Case # 15-000806 CA 01(Circuit Court
Judicial Circuit in and for Miami Dade County).
The City was served with this complaint on January 16, 2015 alleging that the City
entered into a landscaping contract with Southem Landscaping Enterprises in May of
2011 and required the contractor to provide a General Liability and Automobile
lnsurance Policies of one million dollars each and name the City as an additional
named insured on both policies. The bid stipulates that the contracting company shall
have been in continuous service and incorporated in the State of Florida for a
minimum of four (4) years. The complaint alleges that Southern Landscaping was
inactive and administratively dissolved on September 25, 2009. The complaint alleges
that the contract was offered to Southern Landscaping without checking to see that
Southern Landscaping was validly in business and the contract with offered to
Southern Landscaping in contravention of the bid requirement that the company
offered the contract be in continuous service and incorporated in the State if Florida
for a minimum of four (4) years. Further, the complaint alleges that Southern
Landscaping provided forged and fraudulent insurance certificates in compliance with
the insurance requirements stipulated in the contract.
On June 6th 2013, a worker for Southern Landscaping while working in Bandshell
Park doing landscaping work pursuant to the contract drove a Southern Landscaping
F-150 with an attached trailer off the paved area and unto the grassy area in the Park
and ran over the Plaintiff, Otoniel Hernandez, who was lying on the grass. The plaintiff
was attended to by City of Miami Beach Fire Rescue and transported to Ryder
Trauma Center where he was pronounced paraplegic and is permanently paralyzed
from the thoracic spine down to both lower limbs. The Plaintiff is suing the City under
the theory of breach of contract by a third party beneficiary, negligent hiring and
retention of Southern Landscaping by the City and negligence-premises liability as
owner. We shall file our answer to the complaint and propound discovery.
The City is in the process of exploring possible settlement of the case.
643
City Afiorney's Repoft
February 11,2015
Page 3
RA\SR\EB\ABUT
F'\ATTO\AAOF F\AAO F F\F I LE.#S\20 1 s\Status Report CAO 02 1 1 1 S.docx
5.Wilminqtq,n Trust. N.A. vs Rami ohana. et al.. Case No. 14-sz| cA 20 (Circuit
Court - 11'Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 750 Collins Avenue,
Suite 203, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on January 22,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition
or board-up liens, and resort taxes was filed on January 29,2015.
U.S. Bank National Association. etc. vs Frank Alvarez. et al.. Case No. 14-585 CA
04 (Circuit Court - 11'Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 2222 NW 1 Street,
Miami, Florida. The Summons and Verified Complaint were served on the City on
January 27,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition
or board-up liens, and resort taxes was filed on January 28,2015.
6.
644
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645
R10 - Citv Attornev Reports
R10B Notice Of Closed Executive Session
Pursuant To Section 768.28, Florida Statutes, A Closed Executive Session Will Be Held
During Recess Of The City Commission Meeting On Wednesday, February 11, 2015, ln
The City Manager's Large Conference Room, Fourth Floor, City Hall, For A Discussion
Relative To Risk Management.
(Human Resources)
Agenda ttem 8loB
Date 2'll-tS646
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647
REPORTS
AND
INFORMATIONAL ITEMS
648
1. Reports & lnformational ltems
(see LTC 049-201 5)
Agenda ltem _ /
o^t. J-IrJT649
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650
,D
6
t /qd-eo/{
LE
the City
R TO COMMISSION
To:Mayor Philip Levine and Members
From: Jimmy L. Morales, City Manager
Date: February 11, 2015
Subject: List of Projects Covered by the
ln an effort to disseminate information to elected officials and City staff relative to projects that
are covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the
Cone of Silence is in effect from the date the solicitation is advertised, as indicated below,
through date of award by the City Commission.
Agenda ltem
Date
of Silence Ordinance
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
crP
2014-294-RFP-ME 810512014
Design-Builder Services for the Miami Beach
Convention Center Renovation and Expansion
Proiect
City Manager
2014-236-ITB-YG 911812014 Miami Beach Convention Center Bus Duct
Replacement
Convention
Center
2014-346-RFQ-YG 9t1812014
Professional Architectural and Engineering
Services in Specialized Categories on an "As-
Needed-Basis"
Citywide
2014-253-RFP-YG 11t12t2014 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 11114t2014 Temporary Services Citywide
2015-0'16-RFQ-YG 11t20t2014 Architectural and Engineering Design Services
for the Altos del Mar Park Project
CIP
651
:::,;r, l2
Please note that lTBs, RFPs, and RFQs are being issued on a daily basis. Therefore, it is
recommended that you or your staff view the list of projects under the Cone of Silence on a regular
basis. Should you have any questions or need additional information, please feel free to contact
me.
2015-043-RFQ-
WG 12t19t2014 Resort Taxes Audit Services lnternalAudits
2015-081-tTN-LR 01127t2015 lnvestment Advisory Services
2015-055-|TN-WG 01t16t2015 Property Management Services
Office of
Housing and
Community
Services
2015-013-RFP-WG 0211112015
(Tentative)Security Guard Services Emergency
Manaoement
2015-060-tTN-LR 1t23t2015
Lease of City Owned Buildings and
Rooftops for the Replacement of
Telecommunications Eo uioment
Tourism, Culture
and Economic
Develooment
2015-061-RFP-LR 0111612015 Background Checks Police/Fire/HR
2015-086-RFQ-YG 0112812015
(Tentative)Master Planer of North Beach District City Manager
2015-095-RFP-MT 02t12t2015
(Tentative)
Elevator lnspection and Plan Review
Services Building
2015-073-RFQ-JR 0211212015
(Tentative)
Plans Review, lnspections and Permit
Clerk Services to Provide Professional
Services on an "As-Needed Basis" and on
an "On-Going Basis" for the Building
Deoartment
Building
2015-090-RFQ-JR 01t21t2015 Facilities Maintenance Services Property
Manaqement
2015-112-RFP-WG 0212312015
(Tentative)
To Provide Wellness Services to the City
of Miami Beach for its Active Employees
and their Deoendents
Human
Resources
2015-113-tTN-LR 02t27t2015
(Tentative)Lease of City Owned Light Poles lT/Public Works
2015-103-RFP-ME 01t29t2015
(Tentative)
The Development of a Convention
Headquarter Hotel Adjacent to the Miami
Beach Convention Center
City Manager
2015-012-tTB-LR 0112612015
(Tentative)Bulk Mailing Services Citywide
.,a-m
T :\AGENry2O1 SVanuary\PROCUREMEN^January Cone LTC
652
MIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City Co
Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: REPORT FROM COMMI
HEARD WTTHTN (6) SrX
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 February 2015:
Neiqh borhood/Commu n itv Affai rs Committee
There are no items to be automatically withdrawn at this time.
Finance & Citvwide 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 Committee
There are no items to be automatically withdrawn at this time.
JLM/REG
T:\AGENDA\201 S\February\Commiftee ltems Removed after 6 months.docx
Agenda ltem 3
Date 2-//-/?*
TO:
FROM:
COMMITTEES OF WITHDRAWN ITEMS NOT
FROM REFERRAL DATE.
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RDA
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REDEVELOPMENT AGENCY IIEM SUMMARY
Condensed Title:
A Resolution of The Miami Beach Redevelopment Agency, Accepting The Recommendations Of The Finance And Citywide Projects
Committee ApprovtlgAnd Authorizing The Rda To Enter lnto A Lease Agreement Between The Miami Beach RedevelopmentAgency
(Landlord) And Mr. RlSports, lnc. (Tenant), ln Connection With The Use Of Suite No. 5 At The Anchor Shops, Located At 100 16th
Street, Suite No. 5, MiamiBeach, Florida (Space), ForAn lnitialTerm Ending On October 1,2015, With Two (2) RenewalOption Of
Three (3) Years And Three (3) Years And 364
Ensure Trends Are Sustainable Over The Lono Term
Supporting Data (Surveys, Environmental Scan, etc.): Approximately 40o/o of retail businesses surveyed, rank Miami Beach as one of the
best places to do business and 610/o of the same group wotild recommend Miami Beach as a place to do business.
The prior tenant, Vacation Tours, entered into a retail sublease with MB Redevelopment, dated as of August 12, l ggSJor a term of
fifteen (15) years, which ended March 17 ,2014. ln March 2014, the Redevelopment Agency adopted Resotution No. 603-2014 which
approved a new lease with Vacation Tours for three (3) years, with one (1) renewal option of three (3) years, at the initial base rent of
$55.00/sq. ft., plus applicable Sales Tax and Common Area Maintenance. Following the March approvalVacation Tours failed to
execute the new lease and did not commence paying the new rent payment. The RDA and City of Miami Beach immediately filed for
eviction and subsequently entered into a settlement with the tenant. The settlement included full and complete payment of the past due
rent amount, payment for the costs incurred by the RDA with filing for eviction, and double rent payment through October 31,2014.
Vacation Tours vacated the premises on October 31,2014.
Once the Settlement was approved, the City, on behalf of the RDA, began negotiating with several prospective tenants for the space.
Ultimately, Mr. R Sports, lnc. agreed to the most favorable lease terms. Those terms are summarized below and are attached as
Exhibit 1.
Commencement Date: The date Lease is fully executed by Landlord and Tenant
Rent Commencement Date: Sixty (60) days following the Commencement Date.
lnitial Lease Term: From the commencement date through october 1,201s.
Base Rent: The minimum of $65.00lsq. ft (721 square feet); 93,905.42
per month; $46,865.00 per year, plus applicable Sales Tax.
Rent lncreases:Fixed three percent (3%) annual increases
Tenant lmprovements: Tenant to accept the Premises in as-is condition.
CAM Pass-Through: Proportionate share of Property Taxes and lnsurance on the Anchor Shops and Parking Garage.
Renewal Options: Two (2) options of three years and three years and 364 days respectively, after the Expiration dafe of the
initial Lease Term. Tenant must notify Landlord in writing no laterthan one hundred and eighty (180)
days prior to Expiration Date of its intention of exercising the Renewal Option.Rent: Rent for the renewal option shall be increased by 3% annually.
Total of $7,810.84 (two months)
Mr. R Sports, lnc.
The Landlord shall have the right to periodically review Tenant's Financial Records and statements.
As you may recall, the City secured an appraisal of the space prior to negotiations with Vacation Tours. The appraisal (Appraisal) was
prepared by Blazejack & Company ("Blazejack") concluded that the market rent for this Space, as of November 1,2013, was $55.00
per square foot and the typical operating costs for a similar space was approximately $15.00 per square foot. The negotiated Base
Rent with Mr. R Sports is $10 per square foot higher than the appraised value.
Mr. R Sports has been in business on Miami Beach since 1973, operating one of the largest independent retailers of athletic footwear
and apparel in South Florida. Owner and longtime Miami Beach resident, Jose Raij, relocated his store from his original Lincoln Road
location to the AncholglgPq rn?!1?lccupying Units 1 - 4. He has been an excellent tenant and has always paid timety.
RenewalOption
Security Deposit:
Guarantee:
Financial Records:
Advisory Board Recommendation:
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: See above summary.
Max Sklar Culture, and Economic Director
b
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2-tt-t{MIAMIBEACH 656
&
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MIAA^IBEACH
City of Miomi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
REDEVELOPME AGENCY MEMORANDUM
TO:
FROM:
Chairperson and Members of the Miami
Jimmy L. Morales, Executive Director
Agency
DATE: February 11,2015
SUBJECT: A RESOLUTION OF THE CHAI
BEACH REDEVELOPMENT
AND MEMBERS OF THE MIAMIY (RDA), ACCEPTTNG THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE APPROVING AND AUTHORIZING THE RDA TO ENTER INTO
A LEASE AGREEMENT BETWEEN THE MIAMI BEACH REDEVELOPMENT
AGENCY (LANDLORD) AND MR. R SPORTS, tNC. (TENANT), lN
CONNECTION WITH THE USE OF SUITE NO. 5 AT THE ANCHOR SHOPS,
LOCATED AT 1OO 16TH STREET, SUITE NO.5, MIAMI BEACH, FLORIDA
(spAcE), FoR AN tNtTtAL TERM ENDTNG ON OCTOBER 1 , 2015, W|TH
TWO (2) RENEWAL OPTTON OF THREE (3) YEARS AND THREE (3) YEARS
AND 364 DAYS RESPECTIVELY.
BACKGROUND
The Miami Beach Redevelopment Agency (RDA) currently has a vacant retail space at the
Anchor Shops, located at 1OO 16th Street, Suite No.5, Miami Beach, Florida (Space). This
Space is part of a project which has a parking garage and approximately 19,776 square feet of
ground retail space (collectively, Anchor Garage and Shops), located on 16th Street, between
Collins Avenue and Washington Avenue. The prior tenant, Vacation Tours, entered into a retail
sublease with MB Redevelopment, dated as of Augu st 12, 1998, for a term of fifteen (15) years,
commencing March 18, 1999 and ending March 17,2014. ln March 2014, the Redevelopment
Agency adopted Resolution No. 603-2014 which approved a new lease with Vacation Tours for
three (3) years, with one (1) renewal option of three (3) years, at the Landlord's sole and
absolute discretion at the initial base rent of $55.00/sq. ft., plus applicable Sales Tax and
Common Area Maintenance. This lease also included annual increases of the greater of CPI or
3o/o.
Following the March approval Vacation Tours failed to execute the new lease and did not
commence paying the new rent payment. The RDA and City of Miami Beach immediately filed
for eviction and subsequently entered into a settlement with the tenant. The settlement included
full and complete payment of the past due rent amount, payment for the costs incurred by the
RDA with filing for eviction, and double rent payment through October 31,2014. Vacation Tours
vacated the premises on October 31, 2014.
657
Redevelopment Agency
Anchor Shops - Mr. R Sporfs, lnc. Unit #5 Lease
February 11,2015
Page 2 of 3
Once the Settlement was approved, the City, on behalf of the RDA, began negotiating with
several prospective tenants for the space. Ultimately, Mr. R Sports, lnc. agreed to the most
favorable lease terms. Those terms are summarized below and are attached as Exhibit 1.
ANALYSIS
On December 8, 2014, the owner of Mr. R Sports, lnc. provided Staff with a letter of intent
(Tenant's Offer), setting forth the material terms for a new lease, a copy of which is attached as
Exhibit "2". The material terms set forth in the Tenant's Offer are as follows:
Commencement Date: The date Lease is fully executed by Landlord and Tenant
Rent Commencement Date. Sixty (60) days following the Commencement Date.
lnitial Lease Term: From the commencement date through October 1,2015.
Base Rent: The minimum of $65.00/sq. ft (721square feet); 93,905.42
per month; $46,865.00 per year, plus applicable Sales Tax.
Rent lncreases:Fixed three percent (3%) annual increases
Tenant lmprovements: Tenant to accept the Premises in as-is condition.
CAM Pass-Through: Proportionate share of Property Taxes and lnsurance on the
Anchor Shops and Parking Garage.
Renewal Options:Two (2) options of three years and three years and 364 days
respectively, after the Expiration date of the lnitial Lease Term.
Tenant must notify Landlord in writing no later than one hundred
and eighty (180) days prior to Expiration Date of its intention of
exercising the Renewal Option.
Rent for the renewal option shall be increased by 3o/o annually.
Total of $7,810.84 (two months)
Mr. R Sports, lnc.
The Landlord shall have the right to periodically review Tenant's
Financial Records and statements of operation.
As you may recall, the City secured an appraisal of the space prior to negotiations with VacationTours. The appraisal (Appraisal) was prepared by Blazelack & Company ("Blazejack")
concluded that the market rent for this Space, as of November 1,2013, was $55.00 per square
foot and the typical operating costs for a similar space was approximately $15.00 per squarefoot. The negotiated Base Rent with Mr. R Sports is $10 per square foot higher than the
appraised value.
Mr. R Sports has been in business on Miami Beach since 1973, operating one of the largest
Renewal Option Rent:
Security Deposit:
Guarantee:
Financial Records:
658
Redevelopment Agency
Anchor Shops - Mr. R Sporfs, lnc. Unit #5 Lease
February 11, 2015
Page 3 of 3
independent retailers of athletic footwear and apparel in South Florida. Owner and long{ime
Miami Beach resident, Jose Raij, relocated his store from his original Lincoln Road location to
the Anchor Shops in 2Q12 occupying Units 1 - 4. He has been an excellent tenant and has
always paid timely.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
The Finance and Citywide Projects Committee (FCWPC) considered this item at their January
7, 2015 meeting and recommended the RDA approve and enter into a Lease Agreement with
Mr. R Sports, lnc. for Unit No. 5 at the Anchor Shops.
RECOMMENDAT!ON
The Administration concurs with the FCWPC recommendation and recommends a lease
agreement between the Miami Beach Redevelopment Agency (Landlord) and Mr. R Sports, lnc.
(Tenant), in connection with the Anchor Shops, located at 100 16th Street, Suite No. 5, Miami
Beach, Florida (Space), for an initial term ending on October 1,2015, with two (2) renewal
option of three (3) years and three (3) years and 364 days respectively. This term coincides
with the lease term for the other space occupied by Mr. R Sports, lnc. and would essentially
have both leases following concurrent terms.
It should further be noted that since Anchor Garage and Shops is owned by the RDA, it is not
subject to the public hearing requirements set forth under Section 82-39 of the City Code that
would normally apply to the lease of City property. Proposed retail leases involving the Anchor
shops4ay be approved during and as part of the RDA Board's regular agenda.
lr-urffiirrlrs
t'
F:\RHCD\$ALL\ECON\$ALL\ASSET\ANCHOR_REnMR R NIKE SToRE\UNIT 5 NEW LEASE FcWPc MEMo 2015.Doc3-5-2014
Enclosures:
Exhibit 1 - Letter of lntent
Exhibit 2 - Draft Lease Agreement
Exhibit 3 - Complaint for Tenant Eviction and for Damages
Exhibit 4 - Stipulation for Settlement
659
EXHIBIT 1
MIAMI BEACH
Clty o,I[rl Bflch, 1700 Convoniim Ctlttr BivG, Marfii Bcrdl, Fbrldr 33138. w*ry mirmhochflgov
TOT'RISTi. CttrNNE AilD ECONOMrc DEVELOFT'ENT DEPARTMEI{T
Ofnc. ot R.d E!td.
Td: 3GIOI$7'lt3 / Fos 78&30a-f5:10
December 8,2014
Mr. Joee Raij
Mr. R Sports, lnc.
1720w.28n Sfieet
Miami Baach, Florida 33140
Re: Lettcr of lntont for Leaea of 100 l6s StrcGt - Suitc 5, Miami Beach, Florida
33139
Dear Mr. Raij:
This htter ("letter agreement") shall set forth certain business terme and conditions
under which the Miami Beach Redeveloprnent Agency ("The City", Landlord) propose to
enter into a lease of 100 16u Street - Suite 5, Miami Beach, Florida 33139 ("Property')
with Mr. R Sports, lnc. ('Tenant"). This letter is not a contractual offer to lease and
neither party shall be bound by an agreement until a Lease Agreement ("Lease') is
executed by both parties. The following summarizes certain business terms and
conditions to be included in a Lease for Tenant's revbw and execution.
Commencement Date: The date Lease is fully executed by Landlord and Tenant
Rent Commenement Date: Sixty (60) days following the Commencement Date.
lnitial Lease Tenn: From the commencement date through October 1, 2015.
Base Rent The minimum of $65.00/sq. fi (721 square feet): $3.905.42
per monlh: $46,865.00 per year, plus applicable Sales
Tax.
Rent lncreases: Fixed three percent (30/o) annual increases
Tenant lmprovements: Tenant to accept the Premises in ae-is condition.
CAM Paes-Through: Proportionate share of Property Taxes and lnsurance on
the Anchor Shops and Parking Garage.
Renewal Options: Two (2) options of three years and three years and 364
days respectively, after the Expiration data of the lnitiat
Lease Term. Tenant must notify Landlord in writing no
later than one hundred and eighty (180) days prior to
660
Expimtion mc of its lntcntion of exercirirqg the Reruwel
option.
Renewal Opdon Rcnt Rant for tho rpncwal optitm rhall ba insemod by 3%
annually.
Sccurity Dcpoclt:
Guarailcc:
Flnandal Reoordr:
Totalof 17,810.E4 (tuto morilfis)
Mr. R Sporb, lnc.
Thc Lendlord shall hare $e rbht to pcriodbdly rcview
Tenante FinandalRecords and daterrentt of opcretbn.
Thlt lctlr rhall not comfrUtc and b nd intcndcd to bc a lcgally Urding agracmcnt, and
fia tllmrectlon conbmdatcd hsain lr rut{cct to thc exccutbn of a mutually.cccptaHr
l€ato, hdt lhto d dl othcr docurnontr naoBlsary to acoomflbh trG hanaecilion
conbmpldsd hcrdn, lt ir undsrtood, of counc, that no lcgal righb or oHigaUons will
arbc bdtrcn ur unlil thc cxccutbn end ddhory of ruch fmnal doanmcntr. Any
rdien€ upon thb lcfrcr or .ny of itc t flnr rhdl be at your rl* and oponcc in all
rllprcl!.
end Econsnic Darolopmcnt Dcpartncnt
Aelt d b rnd AcepDd by:
Tanert Mr. R Sportr, lnc.
THc:
o*: lzltsfl
A.
661
EXHIBIT 2
LANDLORD: Miami Beach Redevelopment Agency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
TENANT: Mr. R Sports, lnc.
407 Lincoln Road
Miami Beach, Fl. 33139
DATE OF EXECUTION:2014
ANCHOR SHOPS AT SOUTH BEACH
RETAIL LEASE
(i)
Anchor Shops LeaseAgreement - Mr. R Sports lnc
662
LEASE SUMMARY
The following is a summary of basic lease provisions with respect to the Lease. lt is an integral part of the
Lease, and terms defined or dollar amounts specified in this Summary shall have the meanings or amounts as
stated, unless expanded upon in the text of the Lease and its Exhibits, which are attached to and made a part of
this Summary.
1. Date of Lease Execution:2014.
2. "Landlord": Miami Beach Redevelopment Agency
3. Landlord's Address: Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Otfice of Real Estate, Housing & Com. Dev.
with a copy to:
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Legal Department
4. "I@!": Mr. R Sports, lnc.
5. Tenant's Address'. 407 Lincoln Road
Miami Beach, Fl. 33139
6. "G.UeIa.nlgI": Mr. R Sports, lnc.
7. Guarantor's Address: 1TZOW.28th Street
Miami Beach, Fl. 33140
8. Premises (section 1 .1): 1OO 16th Street - Suite #5
Miami Beach, FL 33139
As shown on Exhibit "B"
9. Gross Rentable Area of
Premises (section 1.1): Approximately 721 square feet.
10. Gross Rentable Area of
Retail Space (section 1.1): Approximately 20,500 rentable square feet
11. Tenant's Proportionate
Share (section 2.4): N/A
12. Permitted Use ofPremises(section3.1): Premises shall be used to display and sell athletic
footwear, apparel and accessories, (and subject to the
prohibited uses described in Exhibit "D" to the Lease).
Anchor Shops Lease Agreement - Mr. R Sports lnc
(ii)
663
13. Term of Lease (section '1 .1):lnitial Lease Term is from the Commencement Date
through October 1, 2015.
"Commencement Date": The date the Lease is fully
executed by Landlord and Tenant.
"Rent Commencement Date": Sixty (60) days following
Commencement Date.
"Renewal Options": Two (2) options of three years and
three years and 364 days respectively, after the
Expiration Date of the lntial Lease Term. Tenant must
notify Landlord in writing, no later than one hundred and
eighty (180) days prior to Expiration Date of its intention
of exercising the Renewal Option.
14. "Minimum Rent" (section 2.2):
MONTHLY PAYMENTMONTHS ANNUAL MINIMUM RENT (PLUS SALES TAX)
Rent Commencement Date -
next succeeding twelve months * $46,865 $3,905.42
* Commencing on the first anniversary of the Rent Commencement Date, and at the beginning of each
succeeding year thereafter during the Term of the Lease, the Minimum Rent shall be increased annually in
increments of three (3%) annually.
15. Percentaqe Rental (section 2.3): N/A
16. Prepaid Rent (section 2.2): $7,450.00 (plus applicable sales tax) due upon execution
of Lease; to be applied to first full month Minimum Rent
is due.
17 . Securitv Deposit (section 2.7): $7,810.84 (excludes sales tax), the equivalent of two (2)
months rent (due upon execution of Lease).
18. Cost Pass-Throuqhs (CAM) (section 2.4): Proportionate share of Property Taxes and lnsurance
on the Anchor Shops and Parking Garage.
COMMON AREA MAINTENANCE (CAM) MONTHLY/ANNUALLEASEYEAR COST PER SQUARE FOOT- PAYMENT
1 $r.so $94/$1,1252-3 See Note (*) See Note (*)
Note (.) Beginning on June 1, and at the beginning of each succeeding Lease Year thereafter during the Term of
the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of property tax and insurance costs
incurred by the Landlord during the previous calendar year.
Anchor Shops Lease Agreement- Mr. R Sports lnc.
(iii)
664
19. ComprehensiveGeneral
Liability lnsurance (section 6.1): 92,000,000.00
20. MonthlyPromotionalCharge
(section 13.1):
21. Broker(s) (section 14.12):
22. Completion Date for Tenant's Work
(section 5.1):
23. Trade Name (section 3.1):
N/A
Mr. R. Sports OR 1973 by Mr. R. Sports
N/A
N/A
Anchor Shops LeaseAgreement- Mr. R Sports lnc
(iv)
665
THlSLEASE(the..Lease',),datedthe-dayof-,2o14,ismadebetweentheMiami
Beach Redevelopment Agency, a public body corporate and politic (the "Landlord"), and Mr. R Sports, lnc. a
Florida Corporation (the "Tenant").
RECITALS:
A. The Landlord is the fee simple owner of a certain facility (the "Facility") containing a
municipal parking garage and appurtenances containing approximately eight hundred (800) parking spaces
(the "Garage") and certain retail space (the "Retail Space") located in an area bounded by Washington and Cotlins
Avenues in the proximity of 16th Street, City of Miami Beach, Metropolitan Dade County, Florida, as more particularly
described in Exhibit "A," attached hereto and made a part hereof (the "Land"). The Landlord is the fee simple owner
of the Land and the Facility.
B. Landlord and Tenant desire to enter into this Lease for a portion of the Retail Space, on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant
hereby agree as follows:
ARTICLE I. TERM.
1.1 Grant: Term. ln consideration of the performance by Tenant of its obligations under this Lease,
Landlord leases to Tenant, and Tenant leases from Landlord, for the Term, the "Premises." A site plan showing
the location of the Retail Space within the Facility, as well as the location of the Premises within the Retail Space,
is attached hereto and made a part hereof as Exhibit "B." The gross rentable area of the Premises and Retail
Space shown on the Lease Summary do not represent accurate measurements of the square footage contained in
the Premises or the Retail Space, but are mere estimates.
The "Term" of the Lease is the period from the Commencement Date as specified in the Lease
Summary, through the Expiration Date, as specified in the Lease Summary.
1.2. Landlord's Work. Tenant acknowledges and agrees that it is accepting possession of the
Premises in as-is condition and that, except as otherwise expressly hereinafter set forth, Landlord has no
obligation to furnish, render, or supply any money, work, labor, material, fixture, equipment, or decoration with
respect to the Premises. Landlord has caused the completion of the shell improvements to the Retail Space as
more particularly described on Exhibit "F," attached hereto and made a part hereof (the "Shell lmprovements"),
pursuant to plans and specifications therefor prepared by Landlord's architect and engineer (the "Project Plans
and Specifications") and made available to Tenant prior to the date hereof. Landlord reserves the righf to modify
the plans and specifications for the Shell lmprovements in response to building code requirements and/oi
construction conditions. Tenant is responsible for any and all utility impact fees and connection fees, charges,
and/or deposits as may be required in connection with Tenant's Work, as hereinafter defined.
Upon the expiration of ten (10) business days following the the delivery of the Premises with existing Shell
improvements (as delineated in Exhibit "F" hereto), the Premises shall be conclusively deemed to be accepted by
Tenant unless Tenant shall have given Landlord written notice of any contended defects in the Premises.
ARTICLE II. RENT.
2.1 Covenant to Pay. Tenant shall pay to Landlord all sums due hereunder from time to time from the
Rent Commencement Date without prior demand, together with all applicable Florida sales tax thereon; however,
unless otherwise provided in this Lease, payments other than Tenant's regular monthly payments of Minimum
Rent shall be payable by Tenant to Landlord within ten (10) days following written demand. All rent or other
charges that are required to be paid by Tenant to Landlord shall be payable at Landlord's address indicated on the
666
Lease Summary. Minimum Rent and additional rent (which is all sums payable to Landlord other than Minimum
Rent) for any "Lease Year" consisting of less than twelve (12) months shall be prorated on a per diem basis,
based upon a period of 365 days. "Lease Year" means the twelve (12) full calendar months commencing on the
Commencement Date. However, the final Lease Year may contain less than twelve (12) months due to expiration
or sooner termination of the Term. Tenant agrees that its covenant to pay rent and all other sums under this Lease
is an independent covenant and that all such amounts are payable without counterclaim, set-off, deduction,
abatement, or reduction whatsoever, except as expressly provided for in this Lease.
2.2 Minimum Rent. Subject to any escalation which may be provided for in this Lease, Tenant shall
pay Minimum Rent for the Term in the initial amount specified in the Lease Summary, which, except for the first
installment, shall be payable throughout the Term in equal monthly installments in advance on the first day of each
calendar month of each year of the Term, such monthly installments to be in the amounts (subject to escalation)
specified in the Lease Summary. The first monthly installment of Minimum Rent shall be due on the date of this
Lease. The Minimum Rent described above shall be adjusted during the Term of this Lease as provided in the
Lease Summary.
2.3. PercentaqeRental. lntentionallyOmitted.
2.4 Operatino Costs: Taxes. Tenant shall remit together with regular monthly payments of Minimum
Rent, its proportionate share of Common Area Maintenance (CAM) payments as determined in Section 19 of the
Lease Summary.
2.5 Pavment of Personal Propertv Taxes: Sales Tax Reports. Tenant shall pay, when due, all taxes
attributable to the personal property, trade fixtures, business, occupancy, or sales of Tenant or any other occupant
of the Premises and to the use of the Retail Space by Tenant or such other occupant. Tenant shall provide
Landlord with copies of Tenant's sales tax reports provided to the State of Florida, as and when such reports are
provided to the State. Landlord shall have the right to disclose such reports to any person or entity having an
interest or prospective interest in the Retail Space.
2.6 Rent Past Due. lf any payment due from Tenant shall be overdue more than five (5) business
days, a late charge of five (5%) percent of the delinquent sum may be charged by Landlord. lf any payment due
from Tenant shall remain overdue for more than fifteen (15) days, an additional late charge in an amount equalto
the lesser of the highest rate permitted by law or one and one-half (1 112%) percent per month (eighteen (1A%)
percent per annum) of the delinquent amount may be charged by Landlord, such charge to be computed for the
entire period for which the amount is overdue and which shall be in addition to and not in lieu of the five (5%)
percent late charge or any other remedy available to Landlord.
2.7 Security Deposit. Landlord acknowledges receipt of a security deposit in the amount specified on
the Lease Summary to be held by Landlord, without any liability for interest thereon, as security for the
performance by Tenant of all its obligations under this Lease. Landlord shall be entitled to commingle the security
deposit with Landlord's other funds. lf Tenant defaults in any of its obligations under this Lease, Landlord may at
its option, but without prejudice to any other rights which Landlord may have, apply all or part of the security
deposit to compensate Landlord for any loss, damage, or expense sustained by Landlord as a result of such
default. lf all or any part of the security deposit is so applied, Tenant shall restore the security deposit to its original
amount on demand of Landlord. Subject to the provisions of section 2.4, within thirty (30) days following
termination of this Lease, if Tenant is not then in default, the security deposit will be returned by Landlord to
Tenant.
Notwithstanding the foregoing, for purposes of the security deposit described in the Lease Summary and
the above paragraph, Tenant, at its option, shall have the right to post an irrevocable, unconditional, and
transferable Letter of Credit, which Letter of Credit shall comply with the provisions of Exhibit"2.7," attached
hereto and made a part hereof. lf Tenant delivers the Letter of Credit to Landlord, then Landlord will return the
cash security deposit promptly after Landlord's receipt of the Letter of credit.
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2.8 Landlord's Lien. To secure the timely construction and installation of all improvements to the
Premises by tenant and to secure the payment of all rent and other sums of money due and to become due
hereunder and the faithful performance of this Lease by Tenant, Tenant hereby gives to Landlord an express first
and prior contract lien and security interest on all property now or hereafter acquired (including fixtures, equipment,
chattels, and merchandise) which may be placed in the Premises and also upon all proceeds of any insurance
which may accrue to Tenant by reason of destruction of or damage to any such property. Such property shall not
be removed therefrom without the written consent of Landlord until all arrearages in rental and other sums of
money then due to Landlord hereunder shall first have been paid; provided, Tenant may operate its business in
the ordinary course and the removal of merchandise from the Premises by customers of Tenant shall not be a
default under this section. All exemption laws are hereby waived in favor of said lien and security interest. This
lien and security interest is given in addition to Landlord's statutory lien and shall be cumulative thereto. Landlord
shall, in addition to all of its rights hereunder, also have all of the rights and remedies of a secured party under the
Uniform Commercial Code as adopted in the State in which the Premises is located. To the extent permitted by
law, this Lease shall constitute a security agreement under Article 9 of the Florida Uniform Commercial Code.
ARTICLE III. USE OF PREMISES.
3.1 Permitted Use. The Premises shall be used and occupied only for the sale of retail of goods or
services as specified in the Lease Summary. The business of Tenant in the Premises shall be carried on under
the name specified in the Lease Summary and under no other name unless approved by Landlord in writing.
Tenant shall carry on its business on the Premises in a reputable manner and shall not do, omit, permit, or suffer
to be done or exist upon the Premises anything which shall result in a nuisance, hazard, or bring about a breach of
any provision of this Lease or any applicable municipal or other governmental law or regulation, or would otherwise
be inconsistent with a first-class retail center or incompatible with retail uses ancillary to a first-class convention
center hotel. Tenant shall observe all reasonable rules and regulations established by Landlord from time to time
for the Retail Space. The rules and regulations in effect as of the date hereof are attached to and made a part of
this Lease as Exhibit "C." Landlord will provide a copy of any amendments to the rules and regulations at least
seven (7) days prior to the effective date of any such amendments. Tenant shall display such name as Landlord
may from time to time designate for the Retail Space in its stationery used upon the Premises, and in material
which is given, visible, or available to customers of Tenant. Tenant shall promote such name in any
advertisements or promotional material published or initiated by Tenant in regard to its business from the
Premises. The names for the Retail Space and the project of which the Retail Space is a part, which Landlord
may from time to time adopt, and every name or mark adopted by Landlord in connection with the Retail Space
shall be used by Tenant only in association with the business carried on in the Premises during the Term and
Tenant's use thereof shall be subject to such reasonable regulation as Landlord may from time to time impose.
3.2 Compliance with Laws. The Premises shall be used and occupied in a safe, careful, and proper
manner so as not to contravene any present or future laws, rules, regulations, constitutions, orders, ordinances,
charters, statutes, codes, executive orders, and requirements of all governmental authorities having jurisdiction over
the Premises or any street, road, avenue, or sidewalk comprising a part of, or lying in front of, the Premises or any
vault in or under the Premises (including, without limitation, any of the foregoing relating to handicapped access or
parking, the local building codes, and the laws, rules, regulations, orders, ordinances, statutes, codes, and
requirements of any applicable Fire Rating Bureau or other body exercising similar functions), the temporary and/or
permanent certificate or certificates of occupancy issued for the Premises as then in force, and any and all provisions
and requirements of any property, casualty, or other insurance policy required to be carried by Tenant under this
Lease. lf due to Tenant's use of the Premises repairs, improvements, or alterations are necessary to comply with
any of the foregoing, Tenant shall pay the entire cost thereof.
3.3 Siqns. Tenant, at Tenant's expense, shall erect and maintain identification signage upon the
storefront of the Premises. The design and specification of such signage shall be subject to Landlord's sign
criteria as adopted from time to time and such design and specification (including camera-ready artwork) shall be
submitted for Landlord's prior approval. Except with the prior written consent of Landlord, Tenant shall not erect,
install, display, inscribe, paint, or affix any signs, lettering, or advertising medium upon or above any exterior
portion of the Premises or in or on Tenant's storefront or storefront window. Landlord's signage criteria is attached
hereto and made a part hereof as Exhibit "E."
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3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or othenivise place or dispose of at the
Premises or in the Retail Space (or allow others to incorporate into, use, or otherwise place or dispose of at the
Premises or in the Retail Space) any Hazardous Materials, as hereinafter defined, unless (i) such Hazardous
Materials are for use in the ordinary course of business (i.e., as with office or cleaning supplies), (ii) notice of and a
copy of the current material safety data sheet is provided to Landlord for each such Hazardous Material (except for
Hazardous Materials used by Tenant in the ordinary course of business (i.e., as with office or cleaning supplies)),
and (iii) such materials are handled and disposed of in accordance with all applicable governmental laws, rules,
and regulations. lf Landlord or Tenant ever has knowledge of the presence in the Premises or the Retail Space of
Hazardous Materials which atfect the Premises, such party shall notify the other thereof in writing prompfly after
obtaining such knowledge. For purposes of this Lease, "Hazardous Materials" shall mean: (a) petroleum and its
constituents; (b) radon gas, asbestos in any form which is or could become friable, urea formaldehyde foam
insulation, transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls
in excess of federal, state or local safety guidelines, whichever are more stringent; (c) any substance, gas, material or
chemical which is or may hereafter be defined as or included in the definition of "hazardous substances," "hazardous
materials," "hazardous wastes," "pollutants or contaminants," "solid wastes," or words of similar import under any
applicable governmental laws, rules, and regulations including, but not limited to, the Comprehensive Environmental
Response, Compensation and Liability Act, as amended, 42 U.S.C. S 9061 et seq.; the Hazardous Materials
Transportation Act, as amended, 49 U.S.C. S 1801, et seq.; the Resource Conservation and Recovery Act, as
amended, 42 U.S.C. S 6901, et seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. S 1251, et seq.;
and Florida Statutes, Chapters 376 and 403; and (d) any other chemical, material, gas, or substance, the exposure to
or release of which is regulated by any governmental or quasi-governmental entity having jurisdiction over the Retail
Space or the operations thereon.
(b) lf Tenant or its employees, agents, or contractors shall ever violate the provisions of
subsection (a), above, then Tenant shall clean-up, remove, and dispose of the Hazardous Material causing the
violation, in compliance with all applicable governmental standards, laws, rules, and regulations and repair any
damage to the Premises or Retail Space within such period of time as may be reasonable under the
circumstances after written notice by Landlord, provided that such work shall commence not later than thirty (30)
days from such notice and be diligently and continuously carried to completion by Tenant or Tenant's designated
contractors. Tenant shall notify Landlord of its method, time, and procedure for any clean-up or removal of
Hazardous Materials under this provision; and Landlord shall have the right to require reasonable changes in such
method, time, or procedure or to require the same to be done after normal business hours or when the Retail
Space is othenrvise closed (i.e., holidays) if reasonably required for the protection of other tenants or occupants of
the RetailSpace.
(c) Tenant agrees to defend, indemnify, and hold harmless Landlord, and the City of Miami
Beach (the "City") against any and all claims, costs, expenses, damages, liability, and the like, which Landlord may
hereafter be liable for, suffer, incur, or pay arising under any applicable environmental laws, rules, and regulations
and resulting from or arising out of any breach of the covenants contained in this section 3.4, or out of any act,
activity, or violation of any applicable environmental laws, rules, and regulations on the part of Tenant, its agents,
employees, or assigns. Tenant's liability under this section 3.4 shall survive the expiration or any termination of this
Lease.
3.5 Hours: Continued Occupancy. During the Term, Tenant shall conduct its business in the
Premises, at a minimum, on all days and during all hours established by Landlord from time to time as store hours
for the Retail Space. Tenant may conduct business on the Premises, in addition to the foregoing times, in Tenant's
reasonable judgment in order to maximize sales from the Premises, at Tenant's sole expense. However, Landlord
shall not be responsible for providing common area or other services during such additional hours. Tenant shall
open the whole of the Premises for business to the public, fully fixtured, stocked, and staffed within 60 days of the
Completion Date set forth in item22 of the Lease Summary, and shall continuously, actively, and diligenfly carry
on the business specified in section 3.1 on the whole of the Premises during the Term, during such hours and
upon such days as are herein required, except when prevented from doing so by force majeure. Tenant
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acknowledges that its continued occupancy of the Premises and the regular conduct of its business therein are of
utmost importance to neighboring tenants and to Landlord in the renting of space in the Retail Space, the renewal
of other leases therein, the efficient and economic supply of services and utilities. Tenant acknowledges that
Landlord is executing this Lease in reliance thereupon and that the same is a material element inducing Landlord
to execute this Lease. Tenant shall not keep or display any merchandise on or otherwise obstruct the common
areas and shall not sell, advertise, conduct, or solicit business anywhere within the Retail Space other than in the
Premises. Tenant shall ship and receive supplies, fixtures, equipment, furnishings, wares, and merchandise only
through the appropriate service and delivery facilities provided by Landlord; and shall not park its trucks or other
delivery vehicles or allow suppliers or others making deliveries to or receiving shipments from the Premises to
park in the parking areas, except in those parts thereof as may from time to time be allocated by Landlord for such
purpose. Tenant shall maintain available a substantial stock of goods, wares, and merchandise adequate to
ensure successful operation of Tenant's business, and shall employ and maintain sales and other personnel
sufficient at all times for proper service to customers.
3.6 Prohibited Uses. Notwithstanding any other provisions of this Lease, Tenant shall not use the
Premises nor permit them to be used for any of the following purposes: (A) for the sale by Tenant, as its principal
business purpose, of any merchandise which Tenant, in the course of its normal business practice, purchases at
manufacturers' clearances or purchases of ends-of-runs, bankruptcy stock, seconds, or other similar
merchandise; (B) for the sale of second-hand goods, war surplus articles, insurance salvage stock, fire sale stock,
merchandise damaged by or held out to be damaged by fire, except merchandise damaged by fire or smoke
occurring in the Retail Space, and then only for thirty (30) days after the date of any such damage; (C) as an
auction or flea market; (D) for a bankruptcy sale or going-out-of-business sale or liquidation sale or any similar
sale, unless Tenant is in fact in bankruptcy or is going out of business or is in liquidation, in which case such sale
shall not continue beyond thirty (30) days; (E) a business primarily used for an order office, mail order office, or
catalogue store; or (F) any business in which Tenant is engaged in intentionally deceptive or fraudulent advertising
or selling practices or any other act or business practice contrary to honest retail practices.
3.7 lntentionaly Omitted.
3.8 Exclusive Use. So long as Tenant is in actual occupancy of the Premises and using the Premises
for the permitted use set forth in the Lease Summary, Landlord agrees not to enter into any leases for space in the
Retail Space with persons or entities whose primary business at the Retail Space would be the sale of athletic
and/or other types of sporting footwear, retail apparel and related general merchandise.
ARTICLE IV. ACCESS AND ENTRY.
4.1 Riqht of Examination. Landlord shall be entitled at all reasonable times and upon reasonable
written notice, not less than 24 hours (but no notice is required in emergencies) to enter the Premises to examine
them if Landlord reasonably believes that Tenant is not complying with any of its obligations hereunder; to make
such repairs, alterations, or improvements thereto as Landlord considers necessary or reasonably desirable; to
have access to underfloor facilities and access panels to mechanical shafts and to check, calibrate, adjust, and
balance controls and other parts of the heating, air conditioning, ventilating, and climate control systems. Landlord
reserves to itself (and others acting on behalf of Landlord including, without limitation, the City) the right to install,
maintain, use, and repair pipes, ducts, conduits, vents, wires, and other installations leading in, through, over, or
under the Premises and for this purpose, Landlord may take all material into and upon the Premises which is
required therefor. Tenant shall not unduly obstruct any pipes, conduits, or mechanical or other electrical equipment
so as to prevent reasonable access thereto. Landlord reserves the right to use all exterior walls and roof area.
Landlord shall exercise its rights under this section, to the extent possible in the circumstances, in such manner so
as to minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property.
4.2 Riqht to Show Premises. Landlord and its agents have the right to enter the Premises at all
reasonable times and upon reasonable written notice not less than 24 hours to show them to prospective
purchasers, lenders, or anyone having a prospective interest in the Retail Space, and, during the last six (6)
months of the Term (or the last six (6) months of any renewal term if this Lease is renewed), to show them to
prospective tenants. Landlord shall exercise its rights under this section, to the extent possible in the
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circumstances, in such manner so as to minimize interference with Tenant's use and enjoyment of the Premises
and Tenant's property.
ARTICLE V. lNlTlAL CONSTRUCTION: MAINTENANCE, REPAIRS, AND ALTERATIONS.
5.1. Tenant'sConstructionObliqations.
(a) Subject to the provisions hereof, Tenant shall, at its expense, cause the construction and
installation of all improvements to the Premises in accordance with Tenant's Plans, as hereinafter defined, and as
necessary to permit Tenant to occupy same and conduct normal business operations (such improvements being
referred to herein as " Tenant's Work"). The plans for such improvements shall be submitted to the Landlord for
the Landlord's prior written consent, which will not be unreasonably withheld or delayed.
(b) All permanent (fixed) improvements to the Premises shall remain the property of the Landlord
upon termination of the Lease. Upon the lawful termination of the Lease, all personal property and trade fixtures
may be removed by the Tenant from the Premises without damage to the Premises.
(c) Any damage to the existing finishes of the Retail Space shall be patched and repaired by Tenant,
at its expense, and all such work shall be done to Landlord's satisfaction. lf any patched and painted area does
not match the original surface, then the entire surface shall be repainted at Tenant's expense. Tenant agrees to
indemnify and hold harmless Landlord, its agents, and employees from and against any and all costs, expenses,
damage, loss, or liability, including, but not limited to, reasonable attorneys' fees and costs, which arise out of, is
occasioned by, or is in any way attributable to the build-out of the Premises or any subsequent improvements or
alterations by Tenant pursuant to this Lease. Tenant, at its expense, shall be responsible for the maintenance,
repair, and replacement of any and all items constructed by Tenant's contractor.
(d) Tenant shall not alter the existing fire alarm system in the Premises or the Retail Space. Tenant's
Plans shall include detailed drawings and specifications for the design and installation of Tenant's fire alarm (and
security) system(s) for the Premises. Such system(s) shall meet all appropriate building code requirements, and
the fire alarm system shall, at Tenant's expense, be integrated into Landlord's fire alarm system for the Retail
Space. (Landlord is not required to provide any security system.) Landlord's electrical contractor and/or fire alarm
contractor shall, at Tenant's expense, make all final connections between Tenant's and Landlord's fire alarm
systems. Tenant shall insure that all work performed on the fire alarm system shall be coordinated at the job site
with the Landlord's representative.
(e) Tenant will permit no liens to attach to the Premises arising from, connected with or related to the
construction of the improvements. Moreover, such construction shall be accomplished through the use of
licensed, reputable contractors who are acceptable to Landlord. Any and all permits and or licenses required for
the installation of improvements shall be the sole responsibility of Tenant.
(0 The above requirements for submission of plans and the use of specific contractors shall not
apply to improvements, maintenance or repairs which do not exceed $20,000.00, provided that the work is not
structural, and provided that it is permitted by applicable law.
(g) Landlord acknowledges that the Current Tenant has made improvements and had signage
installed prior to the execution of this Lease Agreement, and as such, said improvements and signage are
acceptable to Landlord, to the extent that same were properly permitted, and done in compliance with all
applicable building codes, and any other Municipal, county, state and Federal laws.
5.2 Maintenance and Repairs by Landlord. lt is hereby acknowledged and agreed that Landlord shall
maintain and repair certain portions of the Retail Space as delineated in Exhibit "F" hereto. Tenant will notify in
writing of any necessary repairs that are the obligation of Landlord. Landlord shall not be responsible for any
damages caused to Tenant by reason of failure of any equipment or facilities serving the Retail Space or delays in
the performance of any work for which the Landlord is responsible to perform pursuant to this Lease.
Notwithstanding any other provisions of this Lease, if any part of the Retail Space is damaged or destroyed or
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requires repair, replacement, or alteration as a result of the act or omission of Tenant, its employees, agents,
invitees, licensees, or contractors, Landlord shall have the right to perform same and the cost of such repairs,
replacement, or alterations shall be paid by Tenant to Landlord upon demand. ln addition, if, in an emergency, it
shall become necessary to make promptly any repairs or replacements required to be made by Tenant, Landlord
may re-enter the Premises and proceed forthwith to have the repairs or replacements made and pay the costs
thereof. Upon demand, Tenant shall reimburse Landlord for the cost of making the repairs. Landlord shall
exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
5.3 Maintenance and Repairs by Tenant. Tenant shall, at its sole cost, repair and maintain the
Premises, all to a standard consistent with a first class retail center, with the exception of base building,
mechanical and electrical systems, roof and foundation, which are the obligation of the Agency Landlord pursuant
to this Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain and make
repairs to (i) the portion of any pipes, lines, ducts, wires, or conduits contained within the Premises; (ii) windows,
plate glass, doors, and any fixtures or appurtenances composed of glass (including, without limitation, interior and
exterior washing of windows and plate glass and the installation of hurricane shutters as provided by the
Landlord); (iii) Tenant's sign; (iv) any heating or air conditioning equipment serving the Premises ("HVAC") (which
shall include, without limitation, a preventive maintenance HVAC service contract. Such service contract shall
include, without limitation, preventive HVAC maintenance no less than quarterly); and (v) the Premises or the
Retail Space when repairs to the same are necessitated by any act or omission of Tenant, or the failure of Tenant
to perform its obligations under this Lease. All repair and maintenance performed by Tenant in the Premises shall
be performed by contractors or workmen designated or approved by Landlord, which approval shall not be
unreasonably withheld or delayed. At the expiration or earlier termination of the Term, Tenant shall surrender the
Premises to Landlord in as good condition and repair as Tenant is required to maintain the Premises throughout
the Term, reasonable wear and tear excepted. Tenant shall also furnish, maintain, and replace all electric light
bulbs, tubes, and tube casings located within or serving the Premises and Tenant's signage, all at Tenant's sole
cost and expense.
5.4 Aoproval of Tenant's Alterations. Unless othenrise provided herein, No alterations (including,
without limitation, improvements, additions, or modifications to the Premises) shall be made by Tenant to the
Premises without Landlord's prior written approval, which, as to exterior or structural alterations may be withheld in
Landlord's sole discretion. Any alterations by Tenant shall be performed at the sole cost of Tenant, by contractors
and workmen approved by Landlord, which approval shall not be unreasonably withheld or delayed, in a good and
workmanlike manner, and in accordance with all applicable laws and regulations.
5.5 Removal of lmprovements and Fixtures. All leasehold improvements and fixtures (other than
unattached, movable trade fixtures which can be removed without damage to the Premises) shall at the expiration
or earlier termination of this Lease become Landlord's property. Tenant may, during the Term, in the usual course
of its business, remove its trade fixtures, provided that Tenant is not in default under this Lease; and Tenant shall,
at the expiration or earlier termination of the Term, at its sole cost, remove such of the leasehold improvements
(except for improvements installed by Landlord prior to the Commencement Date) and trade fixtures in the
Premises as Landlord shall require to be removed and restore the Premises to the condition existing prior to such
removal. Tenant shall at its own expense repair any damage caused to the Retail Space by such removal. lf
Tenant does not remove its trade fixtures at the expiration or earlier termination of the Term, the trade fixtures
shall, at the option of Landlord, become the property of Landlord and may be removed from the Premises and sold
or disposed of by Landlord in such manner as it deems advisable without any accounting to Tenant.
5.6 Liens. Tenant shall promptly pay for all materials supplied and work done in respect of the
Premises by, through, or under Tenant so as to ensure that no lien is recorded against any portion of the Retail
Space or against Landlord's or Tenant's interest therein. lf a lien is so recorded, Tenant shall discharge it
promptly by payment or bonding. lf any such lien against the Retail Space or Landlord's interest therein is
recorded and not discharged by Tenant as above required within fifteen (15) days following written notice to
Tenant, Landlord shall have the right to remove such lien by bonding or payment and the cost thereof shall be paid
immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of
Landlord in the Premises or the Retail Space shall be subject to any lien for improvements made by Tenant in or
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for the Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, such liability
being expressly prohibited by the terms of this Lease. ln accordance with applicable laws of the State of Florida,
Landlord has filed in the public records of Dade County, Florida, a public notice containing a true and correct copy
of this paragraph, and Tenant hereby agrees to inform all contractors and material suppliers performing work in or
for or supplying materials to the Premises of the existence of said notice.
5.7 Utilities. Tenant shall pay to Landlord, or as Landlord directs, all gas, electricity, water, and other
utility charges applicable to the Premises as separately metered. Tenant shall, at its own cost, install, maintain
and repair, as required, its electrical meter for the Premises. ln addition, Tenant's electrical equipment and lighting
shall be restricted to that equipment and lighting which individually does not have a rated capacity and/or design
load greater than the rated capacity andior design load of the Retail Space. lf Tenant's consumption of electrical
services exceeds either the rated capacity and/or design load of the Retail Space, then Tenant shall remove the
equipment and/or lighting to achieve compliance within ten (10) days after receiving written notice from Landlord,
or such equipment and/or lighting may remain in the Premises, so long as (a) Tenant shall pay for all costs of
installation and maintenance of submeters, wiring, air-conditioning, and other items required by Landlord, in
Landlord's reasonable discretion, to accommodate Tenant's excess design loads and capacities; and (b) Tenant
shall pay to Landlord, within thirty (30) days after rendition of a bill, the cost of the excess consumption of electrical
service at the rates charged to Landlord by Florida Power & Light, which shall be in accordance with any applicable
laws.
ARTICLE VI. INSURANCE AND INDEMNITY.
6.1 Tenant's lnsurance. Tenant shall, throughout the Term (and any other period when Tenant is in
possession of the Premises), maintain at its sole cost the following insurance:
(A) All risks property insurance, containing a waiver of subrogation rights which Tenant's
insurers may have against Landlord and against those for whom Landlord is in law responsible including, without
limitation, its directors, officers, agents, and employees, and (except with respect to Tenant's chattels)
incorporating a standard New York mortgagee endorsement (without contribution). Such insurance shall insure
property of every kind owned by Tenant in an amount not less than the full replacement cost thereof (new), with
such cost to be adjusted no less than annually. Such policy shall include as additional insureds Landlord and its
affiliates and any mortgagee of Landlord, the City, and any mortgagee of the Landlord in connection with a mortgage
on the Facility.
(B) Comprehensive general liability insurance. Such policy shall contain inclusive limits per
occurrence of not less than the amount specified in the Lease Summary; provide for severability of interests; and
include as additional insureds Landlord and its affiliates and any mortgagee of Landlord, the City, and any
mortgagee of Landlord in connection with a mortgage on the Facility.
(C) Worker's compensation and employer's liability insurance in compliance with applicable
legal requirements.
(D) Business interruption insurance, sufficient to insure Tenant for no less than one(1) full
year of loss of buslness, with the Landlord named thereon as loss payee to the extent permitted by applicable law.
(E) Any other form of insurance which Tenant or Landlord, acting reasonably, requires from
time to time in form, in amounts, and for risks against which a prudent tenant would insure, but in any event not
less than that carried by comparable retail establishments in Dade County, Florida.
All policies referred to above shall: (i) be taken out with insurers licensed to do business in Florida
and reasonably acceptable to Landlord; (ii) be in a form reasonably satisfactory to Landlord; (iii) be
non-contributing with, and shall apply only as primary and not as excess to any other insurance available to
Landlord or any mortgagee of Landlord; (iv) contain an undertaking by the insurers to notify Landlord by certified
mail not less than thirty (30) days prior to any material change, cancellation, or termination, and (v) with respect to
subsection (A), contain replacement cost, demolition cost, and increased cost of construction endorsements.
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Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance
policies certified by an authorized otficer of Tenant's insurer as being complete and current, shall be delivered to
Landlord promptly upon request. lf Tenant fails to take out or to keep in force any insurance referred to in this
section 6.1, or should any such insurance not be approved by either Landlord or any mortgagee, and Tenant does
not commence and continue to diligently cure such default within two (2) business days after written notice by
Landlord to Tenant specifying the nature of such default, then Landlord has the right, without assuming any
obligation in connection therewith, to effect such insurance at the sole cost of Tenant and all outlays by Landlord
shall be paid by Tenant to Landlord as additional rent without prejudice to any other rights or remedies of Landlord
under this Lease. Tenant shall not keep or use in the Premises any article which may be prohibited by any fire or
casualty insurance policy in force from time to time covering the Premises or the Retail Space. Landlord
represents that Tenant's permitted use doesn't violate any policy carried by the Landlord.
6.2 Loss or Damaqe, Tenant acknowledges that the Landlord will be performing any maintenance and
repairs required of Landlord hereunder. Landlord shall not be liable for any death or injury arising from or out of any
occurrence in, upon, at, or relating to the Retail Space or damage to property of Tenant or of others located on the
Premises or elsewhere in the Retail Space, nor shall it be responsible for any loss of or damage to any propefi of
Tenant or others from any cause, unless such death, injury, loss, or damage results from the gross negligence or
willful misconduct of Landlord. Without limiting the generality of the foregoing, Landlord shall not be liable for any
injury or damage to persons or property resulting from fire, explosion, falling plaster, falling ceiling tile, falling
fixtures, steam, gas, electricity, water, rain, flood, or leaks from any part of the Premises or from the pipes,
sprinklers, appliances, plumbing works, roof, windows, or subsurface of any floor or ceiling of the Retail Space or
from the street or any other place or by dampness, or by any other cause whatsoever, unless resulting from the
gross negligence or willful misconduct of Landlord. Tenant agrees to indemnify Landlord and hold it harmless from
and against any and all loss (including loss of Minimum Rent and additional rent payable in respect to the
Premises), claims, actions, damages, liability, and expense of any kind whatsoever (including attorneys' fees and
costs at all tribunal levels), unless caused by the gross negligence or willful misconduct of Landlord, arising from
any occurrence in, upon, or at the Premises, or the occupancy, use, or improvement by Tenant or its agents or
invitees of the Premises or any part thereof, or occasioned wholly or in part by any act or omission of Tenant its
agents, employees, and invitees or by anyone permitted to be on the Premises by Tenant.
6.3 Waiver of Subroqation. Landlord and Tenant each hereby waives on behalf of itself and its
insurers (none of which shall ever be assigned any such claim or be entitled thereto due to subrogation or
othenuise) any and all rights of recovery, claim, action, or cause of action, against the other, its agents, officers, or
employees, for any loss or damage that may occur to the Premises, or any improvements thereto or the Retail
Space, or any improvements thereto, or any personal propefi of such party therein, by reason of fire, the
elements, or any other causes which are, or could or should be insured against under the terms of the standard
fire and extended coverage insurance policies referred to in this Lease, regardless of whether such insurance is
actually maintained and regardless of the cause or origin of the damage involved, including negligence of the other
party hereto, its agents, officers, or employees. Landlord and Tenant shall each obtain from their respective
insurers, under all policies of fire, theft, public liability, worker's compensation, and other insurance maintained by
either of them at any time during the term hereof insuring or covering the Retail Space or any portion thereof or
operations therein, a waiver of all rights of subrogation which the insurer of one party might have against the other
party, and Landlord and Tenant shall each indemnify, defend, and hold harmless the other against any loss or
expense, including reasonable attorneys' fees (appellate or otherwise) resulting from the failure to obtain such
waiver.
ARTICLE VII. DAMAGE AND DESTRUCTION.
7.1 Damaqe to Premises. Tenant acknowledges that if the Premises are partially or totally destroyed
due to fire or other casualty, any repairs to or rebuilding of the damaged portions of the Retail Space will be
performed by Landlord and in any event only to the extent that Landlord is required to repair or rebuild the Retail
Space. lf Landlord repairs or rebuilds, Rent shall abate proportionately to the portion of the premises, if any,
rendered untenantable from the date of destruction or damage until the repairs have been substantially completed.
Upon being notified that the repairs have been substantially completed, Tenant shall diligenly perform ali other
work required to fully restore the Premises for use in Tenant's business, in every case at Tenani's cost and without
674
any contribution to such cost by Landlord, whether or not Landlord has at any time made any contribution to the
cost of supply, installation, or construction of leasehold improvements in the Premises. Tenant agrees that during
any period of reconstruction or repair of the Premises, it will continue the operation of its business within the
Premises to the extent practicable. lf all or any part of the Premises shall be damaged by fire or other casualty
and the fire or other casualty is caused by the fault or neglect of Tenant or Tenant's agents, guest, or invitees, rent
and all other charges shall not abate.
7.2 Termination for Damaqe. Notwithstanding section 7.1, tf damage or destruction which has
occurred to the Premises or the Retail Space is such that in the reasonable opinion of Landlord such
reconstruction or repair cannot be completed within one hundred twenty (120) days of the happening of the
damage or destruction, Landlord or Tenant may, at its option, terminate this Lease on notice to the other given
within thirty (30) days after such damage or destruction and Tenant shall immediately deliver vacant possession of
the Premises in accordance with the terms of this Lease.
ln addition, if Landlord undertakes the reconstruction or repair, and does not complete same within
nine (9) months after the date of the fire or other casualty (subject to the time required to prepare plans for
reconstruction, to obtain building permits, to receive distribution of insurance proceeds, and to complete the likely
contract bidding process and all other relevant factors, but not to exceed an additional ninety (90) days), then
Tenant shall have the right to terminate this Lease by written notice to Landlord delivered within thirty (30) days
after the expiration of such nine (9) month period (or as extended), whereupon both parties shall be relieved of all
further obligations hereunder, except as otherwise expressly set forth herein.
ARTICLE VIII. ASSIGNMENT, LEASES, AND TRANSFERS.
8.1 Transfer by Tenant. Tenant shall not enter into, consent to, or permit any Transfer, as hereinafter
defined, without the prior written consent of Landlord in each instance, which consent may not be unreasonably
withheld. For purposes of this Lease, "Transfer" means an assignment of this Lease in whole or in part; a
sublease of all or any part of the Premises; any transaction whereby the rights of Tenant under this Lease or to the
Premises are transferred to another; any mortgage or encumbrance of this Lease or the Premises or any part
thereof or other arrangement under which either this Lease or the Premises become security for any indebtedness
or other obligations; and if Tenant is a corporation or a partnership, the transfer of a controlling interest (greater
than 50%) in the stock of the corporation or partnership interests, as applicable provided transfers to family
members and transfers to third parties of less than 50% of the stock of the Tenant are permitted without Landlord
consent. lf there is a permitted Transfer, Landlord may collect rent or other payments from the transferee and
apply the net amount collected to the rent or other payments required to be paid pursuant to this Lease but no
acceptance by Landlord of any payments by a transferee shall be deemed a waiver of any provisions hereof
regarding Tenant. Notwithstanding any Transfer, Tenant shall not be released from any of its obligations under
this Lease. Landlord's consent to any Transfer shall be subject to the further condition that if the Minimum Rent
and additional rent pursuant to such Transfer exceeds the Minimum Rent and additional rent payable under this
Lease, the amount of such excess shall be paid to Landlord. lf, pursuant to a permitted Transfer, Tenant receives
from the transferee, either directly or indirectly, any consideration other than Minimum Rent and additional rent for
such Transfer, either in the form of cash, goods, or services, Tenant shall, upon receipt thereof, pay to Landlord an
amount equivalent to such consideration. Landlord acknowledges that any proceeds received in connection with
the sale of Tenant's business (which sale shall include a corresponding assignment of this Lease) shall belong
exclusively to the Tenant and/or its principals).
ARTICLE IX. DEFAULT.
9.1 Defaults. A default by Tenant shall be deemed to have occurred hereunder, if and whenever:
(i) any Minimum Rent is not paid within 5 days from notice or demand for payment has been made by Landlord;
(ii) any other additional rent is in arrears and is not paid within five (5) days after written demand by Landlord;
(iii)Tenant has breached any of its obligations in this Lease (other than the payment of rent) and Tenant fails to
remedy such breach within thirty (30) days (or such shorter period as may be provided in this Lease), or if such
breach cannot reasonably be remedied within thirty (30) days (or such shorter period), then if Tenant fails to
immediately commence to remedy and thereafter proceed diligently to remedy such breach, in each case after
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notice in writing from Landlord; (iv) Tenant becomes bankrupt or insolvent; (v) any of Landlord's policies of
insurance with respect to the Retail Space are canceled or adversely changed as a result of Tenant's use or
occupancy of the Premises; or (vi) the business operated by Tenant in the Premises shall be closed by
governmental or court order for any reason.
9.2 Remedies. ln the event of any default hereunder by Tenant, then without prejudice to any other
rights which it has pursuant to this Lease or at law or in equity, Landlord shall have the following rights and
remedies, which are cumulative and not alternative:
(A) Landlord may cancel this Lease by notice to Tenant and retake possession of the
Premises for Landlord's account, or may terminate Tenant's right to possession of the Premises without
terminating this Lease. ln either event, Tenant shall then quit and surrender the Premises to Landlord. lf Landlord
terminates Tenant's right to possession of the Premises without terminating this Lease, Tenant's liability under all
of the provisions of this Lease shall continue notwithstanding any expiration and surrender, or any re-entry,
repossession, or disposition hereunder.
(B) Landlord may enter the Premises as agent of Tenant to take possession of any propefi
of Tenant on the Premises, to store such propefi at the expense and risk of Tenant or to sell or otherwise dispose
of such property in such manner as Landlord may see fit without notice to Tenant. Re-entry and removal may be
effectuated by summary dispossess proceedings, by any suitable action or proceeding, or othenrise. Landlord
shall not be liable in any way in connection with its actions pursuant to this section, to the extent that its actions are
in accordance with law.
(C) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, Tenant shall remain liable (in addition to accrued liabilities) to the extent
legally permissible for all rent and all of the charges Tenant would have been required to pay until the date this
Lease would have expired had such cancellation not occurred. Tenant's liability for rent shall continue
notwithstanding re-entry or repossession of the Premises by Landlord. ln addition to the foregoing, Tenant shall
pay to Landlord such sums as the court which has jurisdiction thereover may adjudge as reasonable attorneys'
fees with respect to any successful lawsuit or action instituted by Landlord to enforce the provisions of this Lease.
(D) Landlord may relet all or any part of the Premises for all or any part of the unexpired
portion of the Term of this Lease or for any longer period, and may accept any rent then attainable; grant any
concessions of rent, and agree to paint or make any special repairs, alterations, and decorations for any new
tenant as it may deem advisable in its sole and absolute discretion. Landlord shall be under no obligation to relet or
to attempt to relet the Premises, except as expressly set forth below.
(E) lf Landlord terminates Tenant's right to possession of the Premises without terminating
this Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated and
Tenant shall pay Landlord damages in the amount of any and all sums which would have been due for the
remainder of the Term (reduced to present value using a discount factor equal to the stated prime lending rate on
the date of Tenant's default by Landlord's then existing mortgagee or, if there is no mortgagee, by Citibank, N.A.,
New York). Prior to or following payment in full by Tenant of such discounted sum prompfly upon demand,
Landlord shall use good faith efforts to relet the Premises. lf Landlord receives consideration as a result of a
reletting of the Premises relating to the same time period for which Tenant has paid accelerated rent, such
consideration actually received by Landlord, less any and all of Landlord 's cost of repairs, alterations, additions,
redecorating, and other expenses in connection with such reletting of the Premises, shall be a credit against such
discounted sum, and such discounted sum shall be reduced if not yet paid by Tenant as called for herein, or if
Tenant has paid such discounted sum, such credited amount shall be repaid to Tenant by Landlord (provided said
credit shall not exceed the accelerated amount).
(F) Landlord may remedy or attempt to remedy any default of Tenant under this Lease for the
account of Tenant and to enter upon the Premises for such purposes. No notice of Landlord's intention to perform
such covenants need be given Tenant unless expressly required by this Lease. Landlord shall not be liable to
Tenant for any loss or damage caused by the reasonable acts of Landlord in remedying or attempting to remedy
such default and Tenant shall pay to Landlord all expenses incurred by Landlord in connection with remedying or
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attempting to remedy such default. Any expenses incurred by Landlord shall accrue interest from the date of
payment by Landlord until repaid by Tenant at the highest rate permitted by law.
9.3 Costs. Tenant shall pay to Landlord on demand all costs incurred by Landlord, including attorneys'
fees and costs at all tribunal levels, incurred by Landlord in enforcing any of the obligations of Tenant under this
Lease. ln addition, upon any default by Tenant, Tenant shall be also liable to Landlord for the expenses to which
Landlord may be put in re-entering the Premises; repossessing the Premises; painting, altering, or dividing the
Premises; combining the Premises with an adjacent space for any new tenant; putting the Premises in proper
repair; protecting and preserving the Premises by placing watchmen and caretakers therein; reletting the Premises
(including attorneys' fees and disbursements, marshall's fees, and brokerage fees, in so doing); and any other
expenses reasonably incurred by Landlord.
9.4 Additional Remedies: Waiver. The rights and remedies of Landlord set forth herein shall be in
addition to any other right and remedy now and hereinafter provided by law. All rights and remedies shall be
cumulative and non-exclusive of each other. No delay or omission by Landlord in exercising a right or remedy
shall exhaust or impair the same or constitute a waiver of, or acquiescence to, a default.
9.5 Default by Landlord. ln the event of any default by Landlord, Tenant's exclusive remedy shall be
an action for damages or injunction, but prior to any such action Tenant will give Landlord written notice specifying
such default with particularity, and Landlord shall have a period of thirty (30) days following the date of such notice
in which to cure such default (provided, however, that if such default reasonably requires more than thirty (30)
days to cure, Landlord shall have a reasonable time to cure such default, provided Landlord commences to cure
within such thirty (30) day period and thereafter diligently prosecutes such cure to completion). Notwithstanding
any provision of this Lease, Landlord shall not at any time have any personal liability under this Lease. ln the event
of any breach or default by Landlord of any term or provision of this Lease, Tenant agrees to look solely to the
equity or interest then-owned by Landlord in the Retail Space, and in no event shall any deficiency judgment be
sought or obtained against Landlord. lt is expressly understood that the obligations of Landlord under this Lease
are solely corporate obligations, and that, except for conversion, fraud, or willful misconduct, no personal liability
will attach to, or is or shall be incurred by, the incorporators, stockholders, otficers, directors, or employees, as
such, of the Landlord, or of any successor corporation, or any of them, under or by reason of the obligations,
covenants, or agreements of Landlord contained in this Lease or implied therefrom; and, except for conversion,
fraud, or willful misconduct, that any and all such personal liability, either at common law or in equity or by
constitution or statute, of, and any and all such rights and claims against, every such incorporator, stockholder,
officer, director, or employee, as such, or under or by reason of the obligations, covenants or agreements
contained in this Lease or implied therefrom are expressly waived and released as a condition of, and as a
consideration for, the execution of this Lease.
ARTICLE x. ESTOPPEL CERTIFICATE: SUBORDINATION.
10.1 Estoppel Certificate. Within ten (10) days after written request by Landlord, Tenant shall deliver in
a form supplied by Landlord, an estoppel certificate to Landlord as to the status of this Lease, including whether
this Lease is unmodified and in full force and effect (or, if there have been modifications, that this Lease is in full
force and effect as modified and identifying the modification agreements); the amount of Minimum Rent and
additional rent then being paid and the dates to which same have been paid; whether or not there is any existing or
alleged default by either party with respect to which a notice of default has been served, or any facts exist which,
with the passing of time or giving of notice, would constitute a default and, if there is any such default or facts,
specifying the nature and extent thereof; and any other matters pertaining to this Lease as to which Landlord shall
request such certificate. Landlord, and any prospective purchaser, lender, or ground lessor shall have the right to
rely on such certificate.
10.2 Subordination; Attornment. This Lease and all rights of Tenant shall be subject and subordinate
to any and all mortgages, security agreements, or like instruments resulting from any financing, refinancing, or
collateral financing (including renewals or extensions thereof), and to any and all ground leases, made or arranged
by Landlord of its interests in all or any part of the Retail Space, from time to time in existence against the Retail
Space, whether now existing or hereafter created. Such subordination shall not require any further instrument to
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evidence such subordination. However, on request, Tenant shall further evidence its agreement to subordinate
this Lease and its rights under this Lease to any and all documents and to all advances made under such
documents. The form of such subordination shall be made as required by Landlord, its lender, ground lessor, the
City. Tenant shall, if requested by Landlord, or a mortgagee, owner, or purchaser, or by any person succeeding to
the interest of such mortgagee, owner, or purchaser, as the result of the enforcement of the remedies provided by
law or the applicable instrument held by Landlord, such mortgagee, owner, or purchaser, automatically attorn to
and become the tenant of Landlord or any such mortgagee, owner, purchaser, or successor-in-interest, without
any change in the terms or other provisions of this Lease; provided, however, that Landlord, said mortgagee,
owner, purchaser, or successor shall not be bound by (a) any payment of rent or additional rent for more than
one(1) month in advance, or (b)any security deposit or the like not actually received by Landlord, such
mortgagee, owner, or purchaser, or successor, or (c) any amendment or modification in this Lease made without
the consent of Landlord, such mortgagee, owner, purchaser, or successor, or (d) any construction obligation, free
rent, or other concession or monetary allowance, or (e) any set-off, counterclaim, or the like otherwise available
against Landlord, or (f) any act or omission of any prior landlord (including Landlord). Upon request by Landlord,
said mortgagee, owner, or purchaser, or successor, Tenant shall execute and deliver an instrument or instruments
confirm ing its attorn ment.
Notwithstanding the foregoing, any such subordination of this Lease shall be conditioned on the Landlord
obtaining a nondisturbance agreement in favor of Tenant from all mortgagees and ground lessors regarding any
financings or overleases entered into by Landlord with respect to the Retail Space, and no subordination shall be
effective without a correspond i n g nond istu rbance ag reement.
ARTICLE XI. CONTROL OF RETAIL SPACE BY LANDLORD.
11.1 Use and Maintenance of Common Areas. Tenant and those doing business with Tenant for
purposes associated with Tenant's business on the Premises, shall have a non-exclusive license to use the
common areas for their intended purposes during normal business hours in common with others entitled thereto
and subject to any rules and regulations imposed by Landlord. Landlord shall use reasonable efforts to keep the
common areas in good repair and condition and shall clean the common areas when necessary. Tenant
acknowledges that any common areas of the Retail Space shall at all times be under the exclusive control and
management of Landlord. For purposes of this Lease, "common areas" shall mean those areas, facilities, utilities,
improvements, equipment, and installations of the Retail Space which serve or are for the benefit of tenants of
more than one component of the Retail Space and which are not designated or intended by Landlord to be leased,
from time to time, or which are provided or designated from time to time by Landlord and/or the City for the benefit
or use of all tenants in the Retail Space, their employees, customers, and invitees, in common with others entitled
to the use or benefit of same. Tenant acknowledges that the Garage portion of the Facility is not a part of the
Retail Space, and that Tenant has no right or license to use the Garage pursuant to this Lease. Any use by
Tenant or its invitees of the Garage is subject to the rules and regulations in connection therewith imposed by
Landlord (or successor owner) and/or the operator of the Garage. No portion of the garage is under Landlord's
control or supervision, and Landlord shall not be liable for any damage to automobiles of any nature whatsoever
to, or any theft of, automobiles or other vehicles or the contents thereof, while in or about the Garage.
11.2 Alterations bv Landlord. Landlord and/or the City may (but shall not be obligated to) (i) alter, add
to, subtract from, construct improvements on, re-arrange, and construct additional facilities in, adjoining, or
proximate to the Retail Space; (ii) relocate the facilities and improvements in or comprising the Retail Space or
erected on the Land; (iii) do such things on or in the Retail Space as required to comply with any laws, by-laws,
regulations, orders, or directives affecting the Land or any part of the Retail Space; and (iv) do such other things
on or in the Retail Space as Landlord and/or the City, in the use of good business judgment determines to be
advisable, provided that notwithstanding anything contained in this section 11.2, access to the Premises shall be
available at all times. Landlord shall not be in breach of its covenants for quiet enjoyment or liable for any loss,
costs, or damages, whether direct or indirect, incurred by Tenant due to any of the foregoing; provided, Landlord
shall exercise its rights under this section in a manner so as to minimize any disruption or interference with the
operation of Tenant's business and property.
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ARTICLE XII. CONDEMNATION.
12.1 Total or Partial Takinq. lf the whole of the Premises, or such portion thereof as will make the
Premises unusable for the purposes leased hereunder, shall be taken by any public authority under the power of
eminent domain or sold to public authority under threat or in lieu of such taking, the Term shall cease as of the day
possession or title shall be taken by such public authority, whichever is earlier ("Taking Date"), whereupon the rent
and all other charges shall be paid up to the Taking Date with a proportionate refund by Landlord of any rent and
all other charges paid for a period subsequent to the Taking Date. lf less than the whole of the Premises, or less
than such portion thereof as will make the Premises unusable for the purposes leased hereunder, the Term shall
cease only as to the part so taken as of the Taking Date, and Tenant shall pay rent and other charges up to the
Taking Date, with appropriate credit by Landlord (toward the next installment of rent due from Tenant) of any rent
or charges paid for a period subsequent to the Taking Date. Minimum Rent and other charges payable to
Landlord shall be reduced in proportion to the amount of the Premises taken.
12.2 Award. All compensation awarded or paid upon a total or partial taking of the Premises or Retail
Space including the value of the leasehold estate created hereby shall belong to and be the property of Landlord
without any participation by Tenant; Tenant shall have no claim to any such award based on Tenant's leasehold
interest. However, nothing contained herein shall be construed to preclude Tenant, at its cost, from independently
prosecuting any claim directly against the condemning authority in such condemnation proceeding for damage to,
or cost of removal of, stock, trade fixtures, furniture, and other personal property belonging to Tenant and for
Tenant's moving expenses; provided, however, that no such claim shall diminish or otherwise adversely affect
Landlord's award or the award of any mortgagee.
ARTICLE XIII. PROMOTION.
13.1 Promotional Fund: Merchants' Association. lntentionally Omitted.
ARTICLE XIV. GENERAL PROVISIONS.
14.1 Delay. Whenever a period of time is herein prescribed for the taking of any action by Landlord or
Tenant, as applicable, Landlord or Tenant, as applicable, shall not be liable or responsible for, and there shall be
excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of
labor or materials, war, or governmental laws, regulations, or restrictions in the nature of a prohibition or
moratorium, or any bona fide delay beyond the reasonable control of Landlord or Tenant, as applicable. The
foregoing shall not apply to any payments of money due under this Lease.
14.2 Holdinq Over. lf Tenant remains in possession of the Premises after the end of the Term without
having executed and delivered a new lease or an agreement extending the Term, there shall be no tacit renewal of
this Lease or the Term, and Tenant shall be deemed to be occupying the Premises as a Tenant from month to
month at a monthly Minimum Rent payable in advance on the first day of each month equal to twice the monthly
amount of Minimum Rent payable during the last month of the Term, and otherwise upon the same terms as are
set forth in this Lease, so far as they are applicable to a monthly tenancy.
14.3 Waiver: Partial lnvalidity. lf Landlord excuses or condones any default by Tenant of any obligation
under this Lease, this shall not be a waiver of such obligation in respect of any continuing or subsequent default
and no such waiver shall be implied. All of the provisions of this Lease are to be construed as covenants even
though not expressed as such. lf any provision of this Lease is held or rendered illegal or unenforceable it shall be
considered separate and severable from this Lease and the remaining provisions of this Lease shall remain in
force and bind the parties as though the illegal or unenforceable provision had never been included in this Lease.
14.4 Recordino. Neither Tenant nor anyone claiming under Tenant shall record this Lease or any
memorandum hereof in any public records without the prior written consent of Landlord.
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14.5 Notices. Any notice, consent, or other instrument required or permitted to be given under this
Lease shall be in writing and shall be delivered in person, or sent by certified mail, return receipt requested, or
overnight express mail courier, postage prepaid, addressed (i) if to Landlord, at the address set forth in the Lease
Summary; and (ii) if to Tenant, at the Premises or, prior to Tenant 's occupancy of the Premises, at the address
set forth on the Lease Summary, with a copy to Training Camp, lnc. at 25 West 45th Street, New York, NY 10036.
Any such notice or other instruments shall be deemed to have been given and received on the day upon which
personal delivery is made or, if mailed, then forty-eight (48) hours following the date of mailing. Either party may
give notice to the other of any change of address and after the giving of such notice, the address therein specified
is deemed to be the address of such party for the giving of notices. lf postal service is interrupted or substantially
delayed, all notices or other instruments shall be delivered in person or by overnight express mail courier.
14.6 Successors: Joint and Several Liability. The rights and liabilities created by this Lease extend to
and bind the successors and assigns of Landlord and the heirs, executors, administrators, and permitted
successors and assigns of Tenant. No rights, however, shall inure to the benefit of any transferee unless such
Transfer complies with the provisions of Article Vlll. lf there is at any time more than one Tenant or more than one
person constituting Tenant, their covenants shall be considered to be joint and several and shall apply to each and
every one of them.
14.7 Captions and Section Numbers. The captions, section numbers, article numbers, and table of
contents appearing in this Lease are inserted only as a matter of convenience and in no way affect the substance
of this Lease.
14.8 Extended Meaninqs. The words "hereof," "hereto," "hereunder," and similar expressions used in
this Lease relate to the whole of this Lease and not only to the provisions in which such expressions appear. This
Lease shall be read with all changes in number and gender as may be appropriate or required by the context. Any
reference to Tenant includes, when the context allows, the employees, agents, invitees, and licensees of Tenant
and all others over whom Tenant might reasonably be expected to exercise control. This Lease has been fully
reviewed and negotiated by each party and their counsel and shall not be more strictly construed against either
party.
14.9 Entire Aqreement: Governinq Law: Time. This Lease and the Exhibits and Riders, if any, attached
hereto are incorporated herein and set forth the entire agreement between Landlord and Tenant concerning the
Premises and there are no other agreements or understandings between them. This Lease and its Exhibits and
Riders may not be modified except by agreement in writing executed by Landlord and Tenant. This Lease shall be
construed in accordance with and governed by the laws of the State of Florida. Time is of the essence of this
Lease.
14.10 No Partnership. The parties hereby acknowledge that it is not their intention under this Lease to
create between themselves a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership, or
agency relationship. Accordingly, notwithstanding any expressions or provisions contained herein, nothing in this
Lease, whether based on the calculation of rental or otherwise, shall be construed or deemed to create, or to
express an intent to create, a partnership, joint venture, tenancy-in-common, joint tenancy, co-ownership or
agency relationship of any kind or nature whatsoever between the parties hereto. The provisions of this section
shall survive expiration of the Term.
14.11 Quiet Enjoyment. lf Tenant pays rent and other charges and fully observes and performs all of its
obligations under this Lease, Tenant shall be entitled to peaceful and quiet enjoyment of the Premises for the
Term without interruption or interference by Landlord or any person claiming through Landlord.
14.12 Brokeraqe. Landlord and Tenant each represent and warrant one to the other that except as set
forth in the Lease Summary, neither of them has employed any broker in connection with the negotiations of the
terms of this Lease or the execution thereof. Landlord and Tenant hereby agree to indemnify and to hold each
other harmless against any loss, expense, or liability with respect to any claims for commissions or brokerage fees
arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the broker(s)
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specified in the Lease Summary as the sole broker(s) with whom Landlord has dealt in this transaction and agrees
to pay any commissions determined to be due said broker(s).
14.13 Radon Notice. Chapter 88-285, Laws of Florida, requires the following notice to be provided with
respect to the contract for sale and purchase of any building, or a rental agreement for any building:
"RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding
radon and radon testing may be obtained from your county public health unit.
14.14 Execution. This Lease has been submitted for discussion purposes only and shall not be deemed
an offer by either party to the other to enter into this Lease unless and until this Lease shall have been executed by
both parties, indicating their acceptance of the terms and conditions contained herein.
14.15 TRIAL BY JURY. LANDLORD AND TENANT EACH HEREBY WAIVES ITS RIGHT TO A JURY
TRIAL OF ANY ISSUE OR CONTROVERSY ARISING UNDER THIS LEASE.
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EXECUTED as of the day and year first above written.
ATTEST: LANDLORD:
MIAMI BEACH REDEVELOPMENT AGENCY, a public
body corporate and politic
SECRETARY CHAIRMAN
(Print Name)
By:
By:
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EXHIBIT ''4"
Legal Description
Lots 8, 9, 10, 11, 12 and 13, Block 57, Fisher's First Subdivision of Alton Beach, according to the Plat thereof, as
recorded in Plat Book 2, Page 77 of the Public Records of Dade County, Florida, together with all of 16th Street
(Avenue "C"), less and except the following described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher's First Subdivision of Alton Beach Plat; thence
North 88" 0' 53" East along the South line of said Block 54, a distance of 443.08 feet, to the Southeast corner of
said Block 54; thence South 07" 35' 04" West, a distance of 96.26 feet, to a point of cusp with a tangent curve
concave to the Southwest; thence along the arc of said curve to the left, having a radius of 25.00 feet and a central
angel of 90' 00' 00", an arc distance of 39.27 feet, to a point of tangency; thence North 82' 24' 52" West, a
distance of 24.75 feet; thence South 88' 00' 53" West along a line 8.00 feet North of and parallel with, as
measured at right angles to the North line of Block 57 of said plat, a distance of 382.18 feet to a point on the
Easterly Right-of-Way line of Washington Avenue; thence North 01" 59'11" West along said Easterly
Right-of-Way line, a distance of 62.00 feet to the Southwest corner of said Block 54 and the Point of beginning.
Said lands lying and being in the City of Miami Beach and containing 65,910 square feet (1.5131 Acres) more or
less.
Lease Agreoment - Mr R Sports Unit s.doc
683
EXHIBIT "B"
Site Plan of Retail Space and Location of Premises
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EXHIBIT "C"
RULES AND REGULATIONS
1. SecuriV. Landlord may from time to time adopt appropriate systems and procedures for the
security or safety of the Retail Space, any persons occupying, using, or entering the same, or any equipment,
furnishings, or contents thereof, and Tenant shall comply with Landlord's reasonable requirements relative thereto.
2. Return of Kevs. At the end of the Term, Tenant shall promptly return to Landlord all keys for the
Retail Space and Premises which are in the possession of Tenant. ln the event any Tenant fails to return keys,
Landlord may retain $100.00 of Tenant's security deposit for locksmith work and administration.
3. Repair. Maintenance, Alterations, and lmprovements. Tenant shall carry out Tenant's repair,
maintenance, alterations, and improvements in the Premises only during times agreed to in advance by Landlord
and in a manner which will not interfere with the rights of other Tenant's in the Retail Space.
4. Water Fixtures. Tenant shall not use water fixtures for any purpose for which they are not
intended, nor shall water be wasted by tampering with such fixtures. Any cost or damage resulting from such
misuse by Tenant shall be paid for by Tenant.
5. Personal Use of Premises. The Premises shall not be used or permitted to be used for
residential, lodging, or sleeping purposes or for the storage of personal effects or property not required for
business purposes.
6. Heavy Articles. Tenant shall not place in or move about the Premises without Landlord's prior
written consent any safe or other heavy article which in Landlord's reasonable opinion may damage the Premises,
and Landlord may designate the location of any such heavy articles in the Premises.
7. Bicvcles, Animals. Tenant shall not bring any animals or birds into the Retail Space, and shall not
permit bicycles or other vehicles inside or on the sidewalks outside the Retail Space except in areas designated
from time to time by Landlord for such purposes.
8. Deliveries. Tenant shall ensure that deliveries of supplies, fixtures, equipment, furnishings, wares,
and merchandise to the Premises are made through such entrances, elevators, and corridors and at such times
as may from time to time be designated by Landlord, and shall promptly pay or cause to be paid to Landlord the
cost of repairing any damage in the Retail Space caused by any person making improper deliveries.
9. Solicitations. Landlord reserves the right to restrict or prohibit canvassing, soliciting, or peddling in
the RetailSpace.
10. Food and Beveraqes. Only persons approved from time to time by Landlord may prepare, solicit
orders for, sell, serve, or distribute foods or beverages in the Retail Space, or use the common areas for any such
purpose. Except with Landlord's prior written consent and in accordance with arrangements approved by
Landlord, Tenant shall not permit on the Premises the use of equipment for dispensing food or beverages or for
the preparation, solicitation of orders for, sale, serving, or distribution of food or beverages.
11. Refuse. Tenant shall place all refuse in proper receptacles provided by Tenant at its expense in
the Premises or in receptacles (if any) provided by Landlord for the Retail Space, and shall keep sidewalks and
driveways outside the Retail Space, and lobbies, corridors, stairuvells, ducts, and shafts of the Retail Space, free of
all refuse.
12. Obstructions. Tenant shall not obstruct or place anything in or on the sidewalks or driveways
outside the Retail Space or in the lobbies, corridors, stairwells, or other common areas, or use such locations for
any purpose except access to and exit from the Premises without Landlord's prior written consent. Landlord may
685
remove at Tenant's expense any such obstruction or thing caused or placed by Tenant (and unauthorized by
Landlord) without notice or obligation to Tenant.
13. Proper Conduct. Tenant shall not conduct itself in any manner which is inconsistent with the
character of the Retail Space as a first quality retail center or which will impair the comfort and convenience of
other Tenant's in the Retail Space,
14. Employees, Aqents, and lnvitees. ln these Rules and Regulations, "Tenant" includes the
employees, agents, invitees, and licensees of Tenant and others permitted by Tenant to use or occupy the
Premises.
15. Pest Control. ln order to maintain satisfactory and uniform pest control throughout the Retail
Space, Tenant shall engage for its own Premises and at its sole cost, a qualified pest extermination contractor
either designated or approved by Landlord, who shall perform pest control and extermination services in the
Premises at such intervals as reasonably required or as may be directed by Landlord.
686
EXHIBIT ''D''
Prohibited Uses
1 ln no event may the primary business at the Premises engage in the sale of food, alcoholic and non-
alcoholic beverage items.
2. ln no event may the primary business at the Premises be the sale of motorcycle-related clothing
and accessories.
3. ln no event may the primary business at the Premises engage in the sale of custom or designer jewelry.
4. . ln no event may the primary business at the Premises engage in the sale of swimwear, beach attire or
related accessories.
687
EXHIBIT "E''
Landlord's Signage Criteria
Tenant Sign Standards - 16th Street and Washington Avenue Frontages
Tenant signage is to be located in the 6'-0" wide transom panel above the entrance doors to each space.
One 15amp 1 1Ovolt AC electrical circuit has been provided at the designated sign location above the entrance
doors for illuminated tenant signage. The area of the sign shall not exceed twenty (20) square feet.
Three (3) tubular aluminum mounting rails are provided on the transom framing, in front of the glass line. The
tenant sign shall mount to the rails and shall be composed of individual letters, symbols, or decorative elements
The individual letters are encouraged to be neon illuminated.
No box signs are allowed so as to maintain maximum transparency of the storefront line.
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688
Receiving Door Signs
Each store shal! have a sign identifying their receiving door, adjacent to the latch side of the their door.
Tenant shal! provide acid etched aluminum panel with blind studs, silicone cemented to the wal! at 5'-O"
above the finished floor. Tenant name copy shall be acid-etched and paint filled.
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F:\RHCD\$ALL\ECON\$ALL\ASSET\Anchor RetWr R Nike Store\Lease AgreemqnL- Mr R Sports Unit S.doc
689
4.
EXHIBIT ''F"
Description of Landlord's Shell lmprovements
Landlord will minimally provide the following improvements, consistent with the Project Plans and Specifications (a
copy of which has been provided to Tenant):
1. Storefront and Doors
o As shown on Project Plans and Specifications.o lnterior of storefront and doors to be finished with standard color (not to be modified by Tenant).. EntU doors to be provided with hardware (not to modified by Tenant).o Rear service door to be provided.
(Storefront sills are excluded.)
2. Ceilinq
. Exposed to structure except bathroom.. Ceiling included in bathroom (2'x 2'acoustic tile suspended).
3. Demisinq Walls (between tenant spaces)
. Metal studs at 3 e".o Drywallwith taped seams (UL Assemb[ Ua85).
Exterior Walls
. Exposed, unfinished masonry or concrete.
Floor Slab
o Concrete slab included as per Project Plans and Specifications.
Plumbinq
o lncludes one ADA compliant bathroom with:a. Standard lavatory and water closet.b. VCT flooring.c. 36" 1 y2" dia. grab bar and 42" 1 y2" dia. grab bar.d. Walls to be painted drywall.e. Accessories (mirror, paper dispenser, soap dispenser).* Cold water domestic service (Yo" line)." Grease waste connection (except spaces along 16th Street).* Condensate drainage (1 /n" line).* Natural gas service (except spaces along 16th Street).
Electrical
o For typical space, includes electric service as follows:
Food service tenant:a. Four 3/0 CU in 2"C.b. One 200 amp fusible disconnect switch with fuses 600 volt.c. Four "Polaris" gutter taps (UL listed).
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6.
7.
690
d. One sq. "D" NEHB 2771489 volt., 42 pole panel 225A.e. One sq. "D" NQOD 1201208 volt. MCB 225Apanel.f. One 75 KVA transformer 480 to 1201208 volt.g Greenfield - 1 - y1" + 2" with feeders to transformer.h. Grounding conductor (transformer to CWP).i. Nipples, lockouts, and fasteners at meter room.
Dry goods tenant:a. Four#3/0 CU in 2"C.b. One 100 amp fusible disconnect switch with fuses 600 volt.c. Same as above.d. Use 100 amp panel M.L.O.e. Use 100 amp panel M.C.B.f. Use 30 KVA transformer.g Use all 1- /n".h. Same as "h" above.i. Same as "i" above.
. Lighting is excluded.o Exit signs are included.
8. Mechanical
o Bathroom exhaust as per Project Plans and Specifications.o Air conditioning system (either split DX or package system with determination dependent upon tenant
space and as per Project Plans and Specifications) based upon one ton cooling per 300 sq. ft., based
upon the following criteria (with Trane or equivalent assumed):
a. Split DX Unit Equipment
1. Air handling units shall be fully insulated draw through type, with direct drive blower and
filter rack.
2. Air handlers shall match characteristics and capacities specified on schedules and shall
be provided with 1" throwaway filters.
3. Air cooled condensing units shall be of weatherproof construction, with galvanized steel
cabinets, hermetic compressor, internal high temperature motor overload protection, and
high efficiency design. Units shall be supplied with sufficient refrigerant charge for a
complete functional system.
4. The system shall be provided with the following:
- Liquid line filter-dryer sight glass and solenoid valve.
- Short cycle protection circuit for compressor.
- Disconnect switch.
- Proper vibration isolation as per plans or manufacturer's recommendations.
- Proper size refrigerant piping as per manufacturer's recommendations to provide listed
totaland sensible MBH.
- Condensate drains with trap as per plans.
' Tz" lhick armaflex fire retardant piping insulation on A/C condensate lines and Ya" thick
on refrigerant suction lines (paint white when exposed to sun light).
- Service valves on suction and liquid lines.
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691
Dw,
b. Rooftop Packaqe Equipment
1. Combination heating and cooling rooftop units shall be completely factory assembled as a
unitary package consisting of electric cooling section, electrical heating section, air
handling-filtering section and complete controls section. Cabinet shall be of galvanized
weatherproof construction with floor providing backup protection to prevent water leakage.
Service access panels shall be furnished as standard to allow service and inspection of
internal components.
2. Cooling section shall be equipped with refrigerant circuits with multistage compressors
and crankcase heaters. The refrigeration system shall be factory charged, providing
stage cooling capacity. Minimum compressor protection shall include high pressure
control, low pressure control and anticycle control.
3. The electrical heating section shall be of heavy duty nickel-chromium elements with
automatic reset high limit control and unitary control processor staging. Electric heating
modules shall be UL listed.
4. Each unit shall have permanently lubricated motors with multiple blade fans. Motors shall
be equipped with overload protection and shall be mounted on removable panels for easy
access. Condenser air shall discharge vertically.
5. Provide 2" thick throwaway type air filters.
6. lnclude automatic fan shutdown control installed in R/A section of units.
o Excluded is any distribution (i.e., ductwork)
9. Fire Sprinklers
o Lines and heads as required by code, with layout as per Project Plans and Specifications. (Changes,
if any, are Tenant's obligation.)
10. Exterior Awninqs
. Per Project Plans and Specifications. (Not to be modified by Tenant.)
11. Exterior Siqns
o As per Signage Guidelines established by Landlord.
. Electrical junction box provided within storefront, to provide power with conduit from exterior box to
interior of Tenant space.
Landlord reserves the right to modify its Project Plans and Specifications in response to building code
requirements and/or construction conditions.
Tenant is to assume full responsibility for any/or utility impact fees, connection fees/charges and/or deposits as
may be required in connection with Tenant's Work.
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692
Filing ;r 17862405 Elcctronrcalll' Fih,.d 09i04i2014 0l:53:4ll PM
MIAMI BEACH REDEVELOPMENT
AGENCY. a Florida public body
corporate and politic,
EXHIBIT 3
IN THE COUNW COURT IN AND FOR
MIAMI-DADE COUNW, FLORIDA
CIVIL DIVISION
CASE NO.
Plaintiff,
vs.
VACATION TOURS, lNC., a Florida
corporation,
Defendants.
COiiPLAINT FOR TENANT EVICTION AND FOR DAIIIAGES
COMES NOW Plaintiff, Miami Beach Redevelopment Agency, a Florida public
body corporate and politic, by and through its undersigned counsel, and states:
1. Plaintiff, Miami Beach Redevelopment Agency ("MBRA"). is a Florida
public body corporate and politic organized and existing pursuant to Chapter 163, part
lll, Florida Statutes.
2. Plaintiff owns the follo^,ang described real property in Miami-Dade County.
Florida:
Lots 8,9, 10, 11,12 and 13, Block 57, Fisher's First Subdivision of Alton
Beach, according to the Plat thereof, as recorded in Plat Book Z, page 7l
of the Public Records of Dade County, Florida, together with all of 16th
Street (Avenue "C"), less and except the follonring described parcel:
BEGINNING at the Southwest corner of Block 54 of said Fisher's First
Subdivision of Alton Beach Plat. thence North 88o O' 53" East along the
South line of said Block 54, a distance of 443.08 feet, to the Southeast
corner of said Block 54; thence South 07" 35' O4" West, a distance of
96.26 feet, to a point of cusp with a tangent curve concave to the
Southwest; thence along the arc of said curve to the left, having a radius
of 25.00 feet and a central angel of g0' 00'00", an arc distance of 3g.27
feet, to a point of tangency; thence North 82" 24'52" West, a distance of
O'Frct Of IHI CITY AITOINEY - I'OO CONVEIIITION CENIEN DtfYT - MIAM! *AC}I, TLONIDA 33I39
693
24.75 feet; thence South 88" 00'53"Westalong a line 8.00feet North of
and parallelwith, as measured at right angles to the North line of Block 57
of said plat, a distance of 382.18 feet to a point on the Easterly Right-of-
Way line of Washington Avenue, thence North 01' 59' 11" West along said
Easterly Right-of-Way line, a distance of 62.00 feet to the Southwest
corner of said Block 54 and the Point of beginning. Said lands lying and
being in the City of Miami Beach and containing 65,910.square feet (1
.5131 Acres) more or less.
3. Vacation Tours, lnc. ("Vacation Tours"), is a Florida corporation, licensed
to and doing business in Miami-Dade County, Florida.
4. All material facts as herein alleged occurred in Miami-Dade County,
Florida.
5. Al! conditions precedent have been performed or waived.
COUNT I
TENANT EVICTION
Plaintiff realleges and adopts all preceding allegations herein, and further states:
6. This is an action to evict a tenant from real property in Miami-Dade
County.
7. Plaintiff owns the real property described in Paragraph 2, above.
8. Defendant has possession of the property under the Anchor Shops at
South Beach Retail Sublease Agreement entered into on August 12, 1998 by MB
Redevelopment, lnc., as manager and sublandlord, and Budget Reservation Services,
Corp., as subtenant, (the "Lease') and is obligated to pay rent and all other sums under
the Lease, payable on the first day of each and every month. A copy of the Lease is
attached as Exhibit "A".
2
offlcl of n# clrY ArronNEr - 1700 col{wr{Irotrr €EifrEn Dtlvr - rf,nmt !trAcH, rtonDA 33t39
694
9. Subsequent to the execution of the Lease, and pursuant to Court Order
Budget Reservation Services, Corp. was ordered to relinquish its assets to its partner,
Vacation Tours of South Beach, lnc.
10. Pursuant to Resolution 404-2001, MBRA authorized its manager/sub-
landlord to enter into an assignment of lease to Vacation Tours of South Beach, lnc.,
Exhibit "B."
11. Vacation Tours of South Beach, lnc. was administratively dissolved on or
about September 21, 2001 and the surviving entity, and sublease, after a series of
name changes, was assumed by Vacation Tours, lnc.
12. Defendant breached its Lease with Plaintiff by failing to deliver possession
of the Property at the termination of the Lease.
13. Plaintiff served Defendant with a Notice of Termination of Tenancy on or
aboul June 25, 20141o vacate the Property, or deliver possession to Plaintiff. Defendant
has refused to comply with Plaintiffls request. A copy of the Notice of Termination of
Tenancy is attached as Exhibit "C".
14. Prior to filing this lavrrsuit, Plaintiff, through counsel, attempted in good faith
to make arrangements to re-enter the subject premises and anange for the return of the
keys, as reflected in Exhibil "D".
15. Defendant, failed to comply with Plaintiffs requests and, as a result, was
required to file this action. The MBRA has have incurred and will continue to incur
substantial damages, attorney's fees and court costs.
3
OF ICE O; Itfi CIIY ArOnilSY - troo COt{vIXllOltl CIxIEi Dlrvl - mnml UACH, FtOttDA t3t 39
695
WHEREFORE, Plaintiff demand Judgment for Possession of the property against
Defendant, its assignees and subtenants, along with costs, and reasonable attorney's
fees and court costs, as provided for in the Lease Agreement.
COUNT II
DAi'AGES
Plaintiff realleges and adopts all allegations contained in Paragraphs 1 through
15 above, and further states:
16. This is an action for damages that do not exceed $15,000.00.
17. Defendant breached its Lease with Plaintiff by failing to vacate the
Property as the termination of the Lease, failing to negotiate a new lease agreement,
and as a hold-over tenancy, failed to pay double rent pursuant to Fla. Stat. 983.06 and
Section 14.2 ol the Lease.
18. Defendant owes Plaintiff $1,714.40 for the month of August, 2014,
$3,428.80 for the month of Septembr,2014, and $3,428.80 each month thereafter.
19. Plaintiff has retained the undersigned attorneys and has agreed to pay
them a reasonable attomey's fee for their services in this action, Plaintiff is entitled to
recover its attorney's fees pursuant to the Lease Agreement sued upon in this cause.
WHEREFORE, Plaintiff demand Judgment for Damages against Defendant,
Vacation Tours, lnc., itrs assignees and subtenants for past due rent, future rent,
interest, costs and reasonable attorne/s fees.
couNT m
SUIT FOR FORECLOSURE OF LANDLORDS'SECURITY TNTEREST AGAINST
DEFENDANT.VACATION TOURS. INC.. A FLORIDA CORPORATION
Plaintiff realleges and adopts all allegations contained in paragraphs 1 through
19 above, and further states:
4
oftlcl ot ll{l clrY ArIomlEY - 17@ CO1tfV.tXflO]{ C$ar[t Drtyr - mtaril DEACH, FtOttDA 33t39
696
20. Defendant breached its Lease with Plaintiff by failing to vacate the
Property as the termination of the Lease, failing to negotiate a new lease agreement,
and as a hold-over tenancy, failed to pay double rent pursuant to Fla. Stat. $83.06 and
Section '14.2 of the Lease.
21. As a result of said breach, Plaintiff has elected to accelerate the to
foreclose their security interest pursuant to Florida Statute 583.08 (1995) and pursuant
to Paragraph 2.8 of the Lease Agreement.
WHEREFORE, Plaintiff demands that its security interest be foreclosed. and that
the court award reasonable attorney's fees and court costs
./dl i
DATED at Miami, Miami-Dade County, Florida, this I day of September,2014.
Respectfully s ubm itted,
RAUL J. AGUIIA, CITY ATTORNEY
CITY OF MIAMI BEACH
1700 Convention Center Drive,4th Floor
Miami Beach, Florida 33139
Tel: (305) 673-7470lFax (305) 673-7002
E-mail : stevenrothstein@miamibeachfl . gov
,'Steven H. Rothstein
First Assistant City Attomey
Florida Bar No. 727il7
5
OffrcE of ?]ll CIIY ltlot}{tY - trOO Cortrvtlallolil cl}{lEt DI]YI - tul,|u lrAcH, floilDA 33t39
697
EXHIBIT 4
OFFICE OFTHE CITY ATTORNEY
RAUL J. AGUILA
Gity Attorney
W/%)"*u@*ru{,
October 7,2014
James S. Robertson, Esq.
Gaebe, Mullen,Antonelli & DiMatteo
420 South Dixie Highway. Third Floor
CoralGables, FL 33146
Re: Miami Beach Receveloprnent Agency v. Vacation Touts, lnc.
Case #14-3604 CC 24
Dear Mr. Robertson.
Enclosed is the signed Stipulation for Settlement
At your earliest convenience, please fonrard the coet check rn the amount of
$248.00 to my attention.
Thank you for your assistance in resolving this matter.
Very truly yours,
tuffim
First Assistant City Attorney
SHRlag
Enclosurecc: Max Sklar, Director
Tourism, Culture and Economic Development Department
Telephone: (305)67.+^7470
Facsimlle: (305)673-7002
t 700 Convanton Ccnta Drivc - Fourtt Ftoor - Miaml Bcactr, Flo.ida 33i 39
698
IN THE COUNTY COURT IN AND FOR
MIAMI.DADE COUNTY, FLOR]DA
MIAMI BEACH REDEVELOPMENT CIVIL DIVISION
AGENCY, a Florida public body
corporale and politic, CASE NO. 14-3604 CC24
Plaintiff,
vs.
VACATION TOURS, lNC., a Florida
corporation,
Defendants.
I
STIPULATION FOR SETTLEMENT
Plaintitf, Miamr Beach Redevetoprnent Agency ("MBRA") and Defendant,
Vacation Tours, lnc. ("Vacation Tours'), stipulate as follows:
1. MBRA and Vacation Tours have amicably settled all drsputes between
them and hereby move the Court to approve this Strpulation for Settlement (the
"Stipulation").
2 Yacation Tours shall pay MBRA the sum of S3.a28 B0 as full and complete
seltlement of past due rents througlr August 31 2014 prior to the close of business on
September '19.2014
3. Vacation Tours shall reinlburse MBRA the sunr of $2 B 00 for the costs
incurred by MBRA tn the prosecution of this action upon executron of the Strpulation
4. Vacation Tours shall pay MBRA tlre sum of $3.428.80 representing double
rentforthemonthof October.2014onorbeforeOctober 1,2014. andshall remainin
possession of the prentises through October 31,2O14, at wnrch time, Vacation Tours
699
Case No. 14-3604 CC24
shall vacate the premises and MBRA shall be entitled to change the locks and take
possession and controlof the premrses.
5. Said payments, unless instructed in writing, shall be in the form o{ a
cashier's check. made payable to the "City of Miami Beach" and ddivered to Steven H.
Rothstein, First Assistant City Attorney. 1700 Convention Center Drive. 4'h Floor - Legal
Department, Miami Beach, Florida 331 39.
6. Vacation Tours agrees to operate and maintain the premises in
compliance with all applicable codes, statutes and regulations, and is prohibited frorn
sub-leasing the premises without the written consent of MBRA. Said consent shall not
unreasonably be withheld by MBRA.
7. lf Vacation Tours fails to make any of the payments required hereunder,
MBRA shall notify Vacation Tours, at its last known address. by regular mail. of the
default and dernanc, that it cures the default within three (3) days. lf Vacation Tours fails
to cure the default within three (3) days from the date of the mailing of the Notice of
Default, MBRA rnay apply for the entry of a Final Judgment of Possession and
Damages against Vacation Tours. MBRA shall submit an Affidavit specifying the nature
of the default and give notice of the hearing to Vacetion Tours by regular mait or
personal delivery to the premises, The Final Judgment shall be for the balance of the
sums owed, induding interest. court costs and attorney's fees incurred rn obtaining the
entry of said Final Judgment and in execution of said Final Judgment
8. Thts Stipulaton constitutes the entrre agreement between these parties
regarding the rnatters in dispute and now resolved arising under MBRA's Complaint
Any prior or contemporaneous agreements. whether written or oral, between and
2 ol4
700
Case No. 14-3604 CC 24
among MBRA and Vacation Tours, shall be deemed merged herewith Vacatron Tours
acknowledges that it has been afforded the opporturlty of seeking the advce of legal
counsel rn connection with this settlement.
L Upon full compliance with this Stipulation, MBRA shallfile a dismissalwrth
pre,iudice with each party lo bear its own attorneys'fees.
10. The Courl shall retain lurisdiclion to enforce the terms of thrs Stipulation.
ln that regard, the parties waive the effect of Rule 1.420(e), Florrda Rules of Civil
Procedure. and will agree to the entry of an order approving this Stipulation
lN WITNESS WHEREOF, we have hereunto set our hands and seals on this
day ol September,2014
MIAMI BEACH REDEVELOPMENT RS. INC
AGENCY
on behalf of
Tours, lnc.
4201 S.
Coral FL 33134
STATE OF FLORIDA )
) ss:
couNTY oF M|AM|-DADE )
swoRN ro and suBscRlBED BEFoRE ME *ris @ day of 8$s5,
201a, by Jrmmy L. Morales, Executive Director of Mrami Beach RedevelopmentAgency,
personally known to me or who produced identification and who did { OiO n6t
take an oath,
My Commissron Expires 4nufi.trr,.r
3of4
701
Case No 14-3604 CC 24
STATE OF FLORIDA
COUNTY OF MIAM!.DADE
personally known
take an oath.
My Commission Expires
N TO an{ $UBSCRIBED BEFORE ME thrs L) day of September,
, as _ of Vacation Tours, lnc.
identification and who _ did Y did not
Notary Public, State of Florida
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Ciff ol iliomi 3ooch, I ZO0 Convention Center Drive, Miomi Beoch. Florido 33 I 39. www.miomibeochll.gov
COMMITTEE MEMORANDUM
TO: Finance and Citywrde Projects Committee
FROM: Jimmy L. Morales, City Manager
DATE: January 7,2015
SUBIECT: DISCUSSION REGARDING CHANGES !N INDEXES USED FOR REIIUIBURSEiIIENT
OF TRAVEL EXPENSES
The followtng discussion item was refened at the Deember 17 ,2014 City Commrssion
meeting.
BACKGROUND
On July 30, 2003, the City Commission adopted Resolution 2003-25266 confirming the City's
Policy to use the Runzheimer's Meal and Loclging Cost lndex for per diem and travel expenses
(including lodging, meals and ground transporation). 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 rermbursement to
outside contracted consultants.
ANALYSIS
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 govemmental 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. 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 fior the
Runzheimer's index do not reflect seasonal rates.
The mileage rate used for reimbursement of travel is based upon the rate provrded in the Florida
State Statutes wftich 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 cunent rate. The IRS
updates its mileage index annually and the rate for 2015 will be $0.575. Having an index
updated annually more a@urately reflects the actual costs associated with operating a vehicle
coNcLustoN
It is recommended that the City's travel policy be changed to include reasonable conference
rates or govemment 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. lt is also recommended that City's travel policy
include that the City's contracted consultants utilize 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 ttems. ln addition, the mileage rate used for reimbursement should be tied to
the lRS mileage rate
JLM/JW
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711