20150311 BM1915.2O15
MIAMIBTACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 11,2015
Mayor Philip Levine
Vice-Mayor Jonah Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Vlsrt us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
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Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the Gity Clerk prior to engaging in any lobbying activity
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subject Gode sections. Copies of the Gity Code sections on lobbyists Iaws are available in the
Office of the City Glerk. Questions regarding the provisions of the Code should be directed to
the Office of the City 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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Commission Agenda, March 11,2015
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To lssue Request For Qualifications (RFO) No. 2015-127-JR For Architect
& Engineering Services For The Middle Beach Recreational Corridor - Phase lll Project.
(Environment & Sustainability/Procurement)
CzB Request For Approval To Authorize The lssuance Of An lnvitation To Negotiate (lTN) To Provide
Wellness Services To The City Of Miami Beach Active Employees.
(Human Resources/Procurement)
C2C Request For Approval To lssue Request For Proposals (RFP) No. 2015-126-LR For
Telecommunications Audit Services.
( I nformation Technology/Procu rement)
C2D Request For Approval To Exercise Term Renewal Options On Contracts For Routine Operational
Requirements.
(Procurement)
C4 - Gommission Committee Assignments
C4A Referral To The Neighborhood/Community Affairs Committee - A Discussion Regarding The Use
Of The Barclay Plaza Apartments As A Possible Location For Workforce Housing.
(Housing & Community Services)
C4B Referral To The Planning Board - Proposed Amendment To Chapter 142 Of The City Code
Modifying The Requirements For lndoor Pianos And String lnstruments Within lndoor
Restaurants ln The C-PS2 District.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Planning)
C4C Referral To The Finance And Citywide Projects Committee - A Discussion On The City's
Agreement With Xerox State And Local Solutions For The Red Light Enforcement Program.
(Police)
C4D Referral To The Next Land Use And Development Committee And Planning Board Meeting - The
Prohibition Of Bed And Breakfast Establishments ln The Palmview Historic District.
(Requested by Commissioner Joy Malakoff)
C4E Referral To The Sustainability And Resiliency Committee Regarding Policies For Maintaining The
Alleys By Adjacent Businesses.
(Requested by Commissioner Michael Grieco)
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Commission Agenda, March 11,2015
c4F
C4 - Commission Committee Assignments (Continued)
Referral To The Neighborhood/Community Affairs Committee Regarding The Future Use Of LED
llluminated Lights At Key Crosswalks.
(Requested by Commissioner Michael Grieco)
Referral To Sustainability And Resiliency Committee - Discussion Regarding The "Woosh" Smart
Water Stations Network Proposal.
(Requested by Commissioner Michael Grieco)
C4G
C6 - Commission Committee Reports
COA Report Of The February 2, 2015 Finance And Citywide Projects Committee Meeting: 1.
Discussion Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement.
2. Discussion Regarding The Miami Beach Convention Center Booking Policy. 3. Discussion
Regarding The Management Agreement With SP Plus Municipal Services, A Division Of
Standard Parking Corporation, For Parking Attendants, Specifically: (1) Not Exercising The City's
Option To Renew The Agreement; (2) Extending The Agreement On A Month-To-Month Basis;
And (3) lssuing A New RFP For Parking Attendants For The City's Parking Garages. 4.
Discussion Regarding The Renewal Of The City Manager Jimmy Morales's Employment
Contract. 5. Discussion Regarding The Live Nation Management Agreement For The Jackie
Gleason Theater. 6. Discussion Regarding The Possible Addition Of Personal Watercrafts To Our
Police Department's Fleet. 7. 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
42no Street, Between Jefferson Street And Meridian Avenue. 8. Discussion Regarding A Retail
Lease Agreement Between The Miami Beach Redevelopment Agency (RDA) And ArtConnection
lnternational, lnc. ForSuite#6 ln TheAnchorShops Located At 100 16th, Miami Beach, Florida
33139.9. Discussion Regarding Crowe Honvarth Performance And Operational Audit Report,
Finding PCI - 03 Concurrency Fee Policies And Procedures. 10. Discussion Regarding First
Class Parking Valet Parking Concession Agreement. 11. Referrat To The February 2,2014
Finance And Citywide Projects Committee To Discuss lmplementing A Contractor Prequalification
Program ln An Effort To Expedite lnfrastructure lmprovements. 12. Discussion Regarding
Changes To The Resort Tax Quality Of Life Funding Allocations. 13. Discussion Regarding
Vacation Of Liberty Avenue (Palm Avenue) Between 22nd Street (Ocean Avenue) And 23'd
Street (Atlantic Avenue). 14. Discussion Regarding The Requirement For City Contractors To
Provide Equal Benefits For Domestic Partners. 15. Discussion On Repurposing The Citywide
Public Access WiFi System For Police Equipment Connectivity - Fiscal Year 2014-2015 ln
Accordance With The Options Pursuant To LTC 272-2014. 16. Discussion Regarding A
Resolution Authorizing The City Manager To Exercise The Sole Renewal Option For A Term Of
Six (6) Months, Commencing January 31, 2015 And Ending July 31 , 2015, Pursuant To The
Agreement Between The CityAnd Limousines Of South Florida, lnc., Dated January 31,2014,
For The Maintenance And Operation Of A City Of Miami Beach Trolley Systems For Municipal
Circulator Services. 17. Discussion Regarding lssuing An RFP For Parking Attendants For The
City's Parking Garages With The Term Agreement Commencing On August 16,2015, The Day
Following The Expiration Of The City's Agreement With SP Plus Municipal Services (Contract
No.: RFP 17-10111). 18. Discussion And Referral To Land Use And Development Committee And
Finance And Citywide Projects Committee Regarding Completion Of The Central Bayshore Area
Storm Water And Roadways Construction. 19. Discuss Regarding The lssuance Of Bonds To
Finance The Miami Beach Convention Center Project And For Additional Stormwater Revenue
Bonds.
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Commission Agenda, March 11, 2015
C6 - Commission Committee Reports (Continued)
C6B Report Of The February 18,2015 Land Use And Development Committee Meeting: 1. Discussion
On Washington Avenue Overlay Districts 2. Discussion On Possible Amendments To Chapter 6
And Chapter 142 Of The City Code. 3. Discussion On The Collins Canal Project 4. Discussion
Regarding The Concession Contract With RCI Group, The Management Company Of Miami
Beach Marina. 5. Discussion Regarding Zoning ln Progress. 6. Discussion Regarding Seawall
Height Standards And lts lmpact On Single Family Home Development. 7. Discuss The
Modification Of Special Event Permit Criteria On Ocean Drive Between 9th And 12th Streets. 8.
Discussion Regarding Charging Stations For Plug-ln Vehicles. 9. Referral To The Planning Board
And Land Use And Development Committee Of A Companion ltem To The Parking Plan For
Construction Workers Ordinance. 10. Discussion Of Proposed Amendments To The City Code
Pertaining To Additional Restrictions And An lncrease ln Fees For Single Family Lot Split
Applications. f 1. Discussion Regarding Seawall Conditions, Encroachments lnto Public Property
For Private Use. 12. Discussion Regarding An Ordinance Amendment To Chapter 142, Relating
To Proposed Definition For Entertainment.
COC Report Of The February 27,2015 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 Artist And Non-Profit
Vendor Ordinances. 3) Discussion Regarding Adding Pride/Rainbow Colors To The Street Signs
From 1Oth To 12th Streets On Washington/Collins/Ocean, As Per The Recommendation Of The
LGBT Business Enhancement Committee. 4) Discussion Regarding An Update On The Plans For
The Par 3 Park. 5) Discussion Regarding Potential Solutions At The lntersection Of 17th Street
And Alton Road. 6) Discussion Regarding Art On The Beach. 7) Discussion Regarding The
Conceptual ldeas Relating To Monument lsland. 8) Discussion Regarding Modification To The
Code Relating To Seawalls, ln Particular, To Allow Enforcement ln Multifamily Districts, Not Just
Single Family. 9) Discussion Regarding The Status Of City Funds Given To The Wolfsonian-FlU
Museum. 10) Discussion Regarding Administration's Exploration Of xG Technology lnc. 11)
Discussion Regarding The Lack Of Available Public Parking At 46th And Collins Avenue. 12)
Discussion Regarding Status Of Beach Chair Lock Boxes For Valuables. 13) Monthly Crime
Statistics Report.
COD Report Of The February 18, 2015 Sustainability And Resiliency Committee Meeting: 1) Mayois
Blue Ribbon Panel On Flooding And Sea Rise Update. 2) Sustainability Committee Update. 3)
Referral To Consider Alternative Trash Receptacles ln High-Traffic Areas. 4) Referral Regarding
Use Of Benches And Other Outdoor Furniture Created From Recycled Materials. 5) Referral
Regarding Sanitation Street Teams, Schedules And Overall Approach To Street Litter Collection.
6) Referral Regarding Storm Drain Grates And Litter Accumulation ln The Stormwater System.
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Commission Agenda, March 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 Florida Department Of Transportation For
The Transportation Alternatives Program, ln The Approximate Amount Of $1 Million, For The
Beachwalk ll Project; And Retroactive Approval Of The Following Actions: 2) Submittal Of A
Grant Application To Firehouse Subs, ln The Approximate Amount Of $20,000, For Emergency
Management Equipment; 3) Submittal Of A Grant Application To The Us Department Of Justice,
Smart Policing lnitiative Grant, ln The Approximate Amount Of $700,000; 4) Submittal Of A Grant
Application To Florida Department Of Transportation, For The Police Department's Highway
Safety Program, ln The Approximate Amount Of $374,000; 5) Submittal Of A Grant Application
To The Florida Office Of The Attorney General, ln The Approximate Amount Of $100,000, For
Victim Of Crime Act The Florida (VOCA) Funding; And, 6) Submittal Of Fiscal Year 2015116
Budget lssue Requests To The State Legislature; 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 In Connection With The Aforestated Grants And
Funding Requests, lncluding, Without Limitation, Applications, Grant And Funding Agreements,
And Audits.
(Budget & Performance lmprovement)
(ltem to be Submitted in Supplemental)
C7B A Resolution Approving, ln Substantial Form, The Attached Agreement Between The City And
The President And Fellows Of Harvard College For A Two-Year Sponsored Studio, ln The
Amount Of $99,998, Payable Over Two Years, To Study The lmpacts Of And Potential
Responses To Sea Level Rise For Coastal Communities ln South Florida, Subject To Legal
Review And Form Approval Of The Final Agreement By The City Attorney's Office.
(Budget & Performance lmprovement)
C7C A Resolution Authorizing The City Manager To Negotiate And Execute An Agreement With
lnternational Baccalaureate ("1B") Organization For Professional Development District Workshop
Supporting The Miami Beach lnternational Baccalaureate Primary Year Programs, Middle Year
Programs, And Diploma Program.
(Organ izational Development Performance I n itiatives)
C7D A Resolution Authorizing The City Manager To Approve And Execute Supplemental Work Orders
With BDI Construction For Additional Scope Associated With The Scott Rakow Youth Center lce
Rink Utilizing The Existing National Joint Powers Alliance (NJPA) Contract ln The Not To Exceed
Amount Of $16,379.09 With Previously Appropriated Funding.
(Capital lmprovement Prolects)
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Commission Agenda, March 11, 2015
C7 - Resolutions (Continued)
C7E Appointment Of Chief Special Master1. A Resolution Accepting The Recommendation Of The City Manager, Pursuant To Section
30-36 Of The Code Of The City Of Miami Beach, Concerning The Appointment Of Enrique
Zamora, Esq., To Serve As Chief Special Master, For A Term Commencing On April 24,
2015 And Ending On October 23, 2015; Provided Further That Chief Special Master Zamora
Shall Be Authorized To Hold Hearings And lmpose Fines, Liens And Other Non-Criminal
Penalties Against Violators Of The City And County Codes And Ordinances, And Shall Also
Be Authorized To Appoint Such Other Special Masters As May Reasonably Be Required To
Conduct The Subject Hearings; And Further lncorporating All Other Matters Set Forth Within
Chapter 30 Of The City Code, lncluding, Without Limitation, Sections 30-37 And 30-38
Thereof, Concerning The Compensation And Duties Of The Chief Special Master.
2. A Resolution Approving And Appointing, Pursuant To Section 102-356 Of The City Code,
Enrique Zamora, Esq. (Chief Special Master Appointed Pursuant To Resolution No.
o"o".*.ff "lt#XJ:,1?';',;i,"'^,::':ffi:;"'J+ff T:%,.1""'*.,3'JlS."?''5f iffi i
24,2015 And Ending On October 23,2015.
(Office of the City Clerk)
C7F A Resolution Approving And Authorizing The City Manager To lssue A Certification Of
Consistency With The City's FY 2013-2017 Consolidated Plan To The Housing Authority Of The
City Of Miami Beach (HACMB) For lts Annual Plan For Fiscal Year 2015, To Be Submitted By
HACMB To The U.S. Department Of Housing And Urban Development (HUD); And Further
Authorizing The City Manager To Administratively Approve And lssue Certifications Of
Consistency For Projects Which Comply With The City's Consolidated Plan.
(Housing & Community Services)
C7G A Resolution Authorizing The City Manager And The City Clerk To Execute A Voluntary
Cooperation And Operational Assistance Mutual Aid Agreement With The Town Of Golden
Beach, Florida, For The Purpose Of Coordinating Law Enforcement Planning, Operations, And
Mutual Aid Benefit Between The City Of Miami Beach And The Town Of Golden Beach, Florida.
(Police)
C7H A Resolution Waiving Space Rental Charges ln The Amount Of $4,250 At The Colony Theatre
ForThe Miami GayAnd Lesbian Film Festival A Non Profit 501(cX3) Organization Taking Place
April24 - May 2,2015.
(Requested by Mayor Philip Levine)
(Legislative Tracking: Tourism, Cultural & Economic Development)
A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Short-
Listing Of Proposals With Respect To Phase I Of The RFP Selection Process, Pursuant To
Request For Proposals (RFP) No. 2014-253-YG, For Design Build Services For 54" Redundant
Sewer Force Main.
( Pu bl ic Works/Procu rement)
c7t
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Commission Agenda, March 11,2015
C7 - Resolutions (Continued)
C7J A Resolution Setting A Public Hearing, As Required Pursuant To Section 82-93 Of The City
Code, To Consider Granting A Revocable Permit To Centurian Collins Property Owner, LLC (The
Applicant), For The Aloft Hotel, Located At 2360 Collins Avenue (The Building), To Allow A
Decorative, Triangular-Shaped Concrete "Canopy" With Two Support Columns And Concrete
"Eyebrows" To Extend 19.71 Feet At The North And 2.79 Feet At The South lnto The Public
Right-Of-Way Of Liberty Avenue, Along 101.7 Feet Of The Building, And A Minimum Of Eleven
Feet One lnch (11' 1") Above Ground Level, And An lrrigation Meter And Vent Pipe For A
Drainage Well Located At Ground Level North Of The Canopy, All Encroachments Along 112.75
Feet Of The Building With A Total Area Of 910 Square Feet.
(Public Works)
C7K A Resolution Urging The Governor And Legislature Of The State Of Florida To Pass House Bill
451 And Senate Bill 1046, Enhancing The Florida Film & Entertainment lndustry Financial
lncentive Program With Additional Tax Credits.
(Tourism, Cultural & Economic Development)
C7L A Resolution Retroactively Approving And Authorizing The Acceptance Of Exercise Equipment
Donated By 420 Lincoln Road, LLC. To The City's Fire Department, With A Total Estimated Value
of $38,250.
(Tourism, Cultural & Economic Development)
C7M A Resolution Amending The Approved 2015 List Of Organizations And/Or Groups Eligible To
Receive Complimentary Tickets As Per The City's Complimentary Ticket Policy Adopted
Pursuant To Resolution No. 2014-28638, Adding Douglas Gardens Community Mental Health
Center.
(Tourism, Cultural & Economic Development)
C7N A Resolution Approving And Authorizing The Mayor And City Clerk To Execute The Amendment
No. 1 To Lease Agreement Between The City And Miami Beach Film Society, lnc. DIBIA Miami
Beach Cinematheque, Dated December 9, 2009, For The Use Of Approximately 2,523 Square
Feet Of City-Owned Property, Located At 1 130 Washington Avenue, First Floor South, Miami
Beach, Florida (Premises); Said Amendment Allowing For Alcohol Sales For Consumption At The
Premises, As Permitted Under Resolution No. 2014-28790; And Further Providing For The
Prohibition Of The Sale Or Use Of Expanded Polystyrene Food Service Articles At The Premises.
(Tourism, Cultural & Economic Development)
C7O A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Extend The Concession Agreement With First Class Parking For Valet Parking Services For A
Three (3) Year Period Or Substantial Completion Of The Miami Beach Convention Center
Project, Whichever Occurs First; Further Approving And Authorizing The Administration To
Negotiate Said Extension With First Class Parking.
(Parking)
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Commission Agenda, March 11,2015
c7P
C7 - Resolutions (Continued)
A Resolution Accepting A Donation ln The Amount Of $10,000.00 From The Miami Beach
Education Foundation lnc., From Proceeds Of The Miami Beach Chamber Of Commerce's
Annual Golf Tournament, To Be Utilized By The City Of Miami Beach's lnternational
Baccalaureate ("1B") Educational Program, And Appropriating The $10,000.00 Donation To The
City's lB Program.
(Organization Development Performance lnitiatives)
A Resolution Amending Resolution No. 2014-28485, Which Authorized, Pursuant To Section 2-
367(e) Of The Miami Beach City Code, The Waiving Of The Competitive Bid Requirements, By A
5/7th Vote, For The Continuation Of Leases For The Modular Buildings Currently Housing The
City's Property Management Division, To Extend Said Leases On A Month-To-Month Basis Until
Such Time As The Relocation Of The Property Management Division ls Finalized Upon
Completion Of lts New Facilities.
(Publ ic Works/Procu rement)
A Resolution Approving And Authorizing The Mayor And City Clerk To Add Additional Funds To
The Existing Joint Participation Agreement (JPA) Between The City And The Florida Department
Of Transportation (FDOT) ln The Amount Of $500,000, For Utility Work To lnclude: Construction
Of Water, Sewer And Stormwater Drainage lmprovements Within The Project Area, As Part Of
The State Road 907/Alton Road Project, From Sth Street To Michigan Avenue.
(Public Works)
A Resolution Transferring The Oversight And Management Of The City's Legislative Priorities
Concerning County, State, And Federal Legislation And Governmental Affairs From The City
Manager's Office To The Office Of The Mayor And City Commission, With A Designee To Be
Appointed By The Mayor.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
C7Q
C7R
C7S
C7T Approval Of Fee ln Lieu Of Parking Letter For Pass Due Accounts.
(Office of the City Manager)
(Requested by City Commission on February 11,2015)
(ltem to be Submitted in Supplemental)
End of Consent Agenda
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Commission Agenda, March 11, 2015
REGULAR AGENDA
R5 - Ordinances
RsA 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. 10:20 a.m. Second Readinq Public Hearins
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Office of the City Attorney)
(First Reading on February 11,2015 - RsJ)
RsB An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Entitled
"Administration," By Amending Article ll, Entitled "City Commission," By Amending Section 2-12,
Entitled "Meeting Agendas" By Providing Requirements For Meeting Agenda ltems, Adding
Subsection Headings, And Re-Lettering Subsections; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Offlce of the City Attorney)
RsC An Ordinance Amending Divisions 1 - 4, Of Article lll, "Safe Neighborhood lmprovement
Districts," Contained ln Chapter 34, Entitled "Community Development" To Repeal The Following
Three Districts: The Miami Beach Safe Neighborhood lmprovement District No. 1, Within An Area
Containing Approximately 820 Acres And Comprised Of The South Pointe Redevelopment Area
And By The Nationally Recognized Architectural District lncluding Lincoln Road; District No. 2 For
The North Shore Commercial District, Consisting Of 280 Acres; And District No. 3, Consisting Of
620 Acres ln An Area Comprised Of The North Shore Residential District; And Codifying
Ordinance 93-2881, Creating District No 4, Consisting Of 234 Acres Of Residential Property
Known As The Normandy Shores Neighborhood lmprovement District (District 4); Providing For A
Repealer; Providing For Severability; And Providing For An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
RsD An Ordinance Amending Chapter 62 Ot The City Code, Entitled "Human Relations," By Amending
Article ll, Entitled "Discrimination," By Amending Division 4, Entitled "Exceptions," By Amending
Section 62-113 Thereof, Entitled "Public Accommodations," By Repealing Section 62-113(aX1)
To Remove The Exception To The Nondiscrimination Provisions Of The City's Human Rights
Ordinance For Ce(ain Public Accommodations; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
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Commission Agenda, March 11,2015
R5 - Ordinances (Continued)
RsE An Ordinance Amending Chapter 66, "Marine Structures, Facilities And Vehicles," Article lV,
"Vessels," Section 66-151, "Launching And Hauling," To Prohibit Docking, Securing, Embarking
Or Disembarking Vessels At Municipal Or Public Seawalls, Wharfs, Docks Or Bulkheads ln
Residential Neighborhoods, Creating Exceptions, Providing For Repealer; Codification;
Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
RsF An Ordinance Amending Chapter 82 Ot The Code Of The City Of Miami Beach, Entitled "Public
Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-W?y," By Amending
Division 2, Entitled "Temporary Obstructions," By Amending Section 82-151 Thereof, Entitled
"Permit Required," To Amend The Permit Requirements And To Amend The Enforcement And
Penalty Provisions For Temporary Obstructions Of The Public RightOf-Way ln Violation Of
Permit Requirements; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Parking)
(ltem to be Submifted in Supplemental)
RsG An Ordinance Amending Chapter 2, Article 111, Of The Miami Beach City Code, Entitled
"Agencies, Boards And Committees," Division 32, Entitled "Gay, Lesbian, Bisexual And
Transgender (GLBT) Business Enhancement Committee," And Sections 2-190.144 Through 2-
190.147 Thereto To Change The Name Of The Committee To The "LGBT Advisory Committee;"
And Providing For Codification, Repealer, Severability, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R7 - Resolutions
R7A A Resolution Pursuant To City Code Section 118-563, To Grant A Certificate Of Appropriateness
For The Total Demolition Of The Existing Bandshell And Recreation Center Buildings, And The
Construction Of A Portion Of The Proposed Miami Beach Convention Center Building And
Landscape Plan Within The Boundaries Of the 21't Street Community Center Historic Site.
10:00 a.m. Public Hearinq
(Planning)
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Commission Agenda, March 11,2015
R7 - Resolutions (Continued)
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 5l7th 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. 10:05 a.m. Second Readinq Public Hearinq(Capr@
(First Reading on February 11,2015 - R7B)
R7C A Resolution Following A Duly Noticed Public Hearing, As Required Pursuant To Section 82-93
Of The City Code, Approving The 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, And Authorizing The Mayor And City Clerk To Execute An
Agreement Extending The Revocable Permit, Such Agreement Extending The Term For An
Additional Twenty (20) Years. 10:10 a.m. Public Hearins
(Office of the City Attorney/Public Works)
R7D A Resolution Adopting The Third Amendment To The Capital Budget For Fiscal Year 2014115.
10:15 a.m. Public Hearinq
(Budget & Performance lmprovement)
R7E A Resolution Authorizing The Withdrawal Of Request For Proposal (RFP) No. 2014-187-SR For
Design/Build Services For Neighborhood No. 8: Central Bayshore South Right-Of-Way
lnfrastructure lmprovements And Authorizing The lssuance Of RFP No. 2015-133-YG For These
Same Services.
(Capital lmprovement Projects/Procurement)
R7F A Resolution Authorizing The Mayor And City Clerk To Execute Amendment No. 5 To The
Professional Architectural And Engineering (A/E) Services Agreement With The Joint Venture Of
Zaha Hadid Limited TIA Zaha Hadid Architects And Berenblum Busch Architecture, lnc. Dated
May 3, 2012, For The Collins Park Parking Garage Project (Collins Park Place), For The
Additional Professional Services Required To Redesign The Ground Floor Of The Building To
Base Flood Elevation (BFE) With Provisions To Have All Critical Systems Elevated Up To 20
Feet Or As High As Reasonably Possible, And Building Slabs Designed To Accommodate A
Future lncrease ln Ground Floor Elevation, ln Keeping With The City Of Miami Beach Flood
Mitigation Efforts As lt Relates To Sea Level Rise, In The Lump Sum Amount Of $250,870; And
For The Provision Of A Contamination Assessment Plan (CAP), Site Assessment (SA) And Site
Assessment Report (SAR) For The Prolect Site ln Accordance With Environmental Requirements
By Miami-Dade County Regulatory And Economic Resources (RER) And The Florida Department
Of Environmental Protection (FDEP) To Address The Site Contamination ldentified ln The Phase
ll Environmental Site Assessment Report, ln The Negotiated Lump Sum Amount Of $43,479; For
A Total Cost Of $294,349 With Previously Appropriated Funding.
(Capital Improvement Projects)
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Commission Agenda, March 11,2015
R7 - Resolutions (Continued)
R7G A Resolution Appointing John C. Dellagloria, Esq. To Serve As A Special Master For Appeals Of
Decisions Of The City's Historic Preservation Board ForA Three Year Period, Ending March 10,
2018, And Setting The Compensation At $100.00, Per Hour, With A Maximum Payment Of
$500.00, Per Case.
(Office of the City Manager/Office of the City Attorney)
R7H A Resolution Consenting To The Settlement Of A Personal lnjury Claim Filed By Loida Diaz
Against The City Of Miami Beach, And Authorizing The Payment Of $198,000 From The City's
Risk Management Fund To Settle The Claim, Pursuant To Section 5768.28 Of The Florida
Statutes; And Further Authorizing The Office Of Risk Management To Execute Any And All
Settlement Documents.
(Human Resources)
R7t A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To lssue A Request For Proposals (RFP) For Parking Attendants For The City's Parking System.
(Parking)
R7J A Resolution Adopting The Blueways Master Plan.
(Parks & Recreation)
R7K A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts January 30, 2015 Meeting, And Authorizing The Administration To Proceed With
The Construction Of A Floating Dock For Non-Motorized Marine Vessels At Maurice Gibb Park,
Located At 18th Street And Purdy Avenue, Miami Beach, Florida; Establish A Policy For
Commercial Use Of The Boat Ramp At Maurice Gibb Park; And, ln Consultation With The City
Attorney's Office, To Develop And lmplement A Plan To Limit Access To The Boat Ramp.
(Parks & Recreation)
R7L A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts January 30, 2015 Meeting And Approving The lnclusion Of A Single-Story
Restroom/Storage Building ln Phase I Of The Adopted Conceptual Park Master Plan For The
Park Space Known As Altos Del Mar Park, Located At 7701 Collins Avenue.
(Parks & Recreation)
R7M A Resolution Accepting The Written Recommendation Of The City Manager (As Further Set Forth
ln The City Commission Memorandum Accompanying This Resolution) And Waiving, By 5/7ths
Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be ln The Best
lnterest Of The City, And Authorizing The City Administration To Negotiate An Agreement With
Big Wireless, LLC, ln The Amount Of $17,100.00 (For An lnitial Term Of Six Months), For The
Reconfiguration And Migration Of The Existing City Wireless Network (Wi-Fi) To The Miami
Beach Police Department; lncluding A Provision That Authorizes Service Calls At An Hourly Rate
Of $250.00, To Be Exercised At The Discretion Of The Miami Beach Police Department (And
Subject To Funding Availability); And Further Authorizing The City Manager And City Clerk To
Execute The Agreement, Upon Conclusion Of Successful Negotiations.
(Police)
12
12
Commission Agenda, March 11, 2015
R7 - Resolutions (Continued)
R7N A Resolution Urging The State Legislature And Miami-Dade County School Board (School Board)
To Reduce Class Sizes ln Miami Beach Feeder Pattern Schools To Conform To Article lX,
Section (1Xa) Of The Florida Constitution; And LobbyThe State Legislature To Expand The List
Of "Core Curriculum" Courses Rather Than Continue To Eliminate Core Curriculum Courses, Like
Advanced Placement Classes, From The Class Size Amendment Requirements Of The Florida
Constitution By Calling Such Courses "Extracurricular"; And Call Upon The School Board To
Voluntarily Subject ltself To The Class Size Requirements For All Classes, Whether They Are
Considered Core Curriculum Or Extracu rricula r.
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
R7O A Resolution Authorizing The City Manager To Execute The Settlement Agreement Attached
Hereto As Exhibit A, ln The Matter Entitled: Miami Beach Community Church, lnc. (MBCC) And
South Beach Tristar, LLC (Tristar) V. City Of Miami Beach (City), Et Al, Under Circuit Court
Appellate Case No.: 14-473 AP [Lower Tribunal Case No: HPB SM 14-003; HPB File No.:7424).
(Office of the City Attorney)
R7P Amend Commission Meeting Agenda ltems Policy And Commission Committee Agenda ltem
Requirements.
1.A Resolution Amending Resolution No. 91-20421 To Establish A Policy That ltems
Published ln City Commission Meeting Agendas lnclude Sufficient Detail And lnformation
For The City Commission And The Public To Evaluate The ltems ln A Reasonable And
Timely Manner And Clarifying The Policy Set Forth ln Resolution No. 91 -20421 Regarding
The Submission Schedule For Agenda ltems Considered At City Commission Meetings.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
A Resolution Amending Resolution No. 94-21382 Concerning Commission Committees,
And As Subsequently Amended By Resolution Nos. 97-22607, 98-22693, 2003-25446,
2013-28437, And 2015-28905, By Creating A New Paragraph 5 To Establish A
Requirement That ltems Published ln Commission Committee Agendas Shall lnclude
Sufficient Detail And lnformation For The Committee And The Public To Evaluate The
Items ln A Reasonable And Timely Manner.
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
R7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New
Employment Agreement With City Manager Jimmy Morales For A Four (4) Year Term,
Commencing OnApril 1,2015, And Ending On March 31,2019; Further, As Provided UnderThe
City Manager's Current Employment Agreement, Approving The City Manager's One-Time, Non-
Pensionable Performance lnitiative, To Be Awarded On March 31,2015.
(Office of the City Attorney)
(ltem to be Submitted in Supplemental)
2.
13
13
Commission Agenda, March 11,2015
R7 - Resolutions (Continued)
R7R A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee At lts January 30, 2015 Meeting, And Accepting The Conceptual Plan As The Basis
For A Final Design For A Proposed Neighborhood Park Located At The Former Par 3 Golf
Course, 2795 Prarie Avenue, Miami Beach, Florida 33140, And Authorizing The Administration
To Pursue A Request For Qualifications (RFO) For A Design Consultant To Further Develop The
lnitial Design Elements And Finalize The Master Design Plan For The Proposed Park Project.
(Parks & Recreation)
R9 - New Business and Gommission 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.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
RgD Request A Traffic lmpact Study For The Residential Streets Of North Bay Road, Pine Tree And
La Gorce Drive, Which Are Being Used As Short Cuts By Commuters To Avoid The Traffic On
Alton Road Heading North.
(Requested by Commissioner Joy Malakoff)
(Continued from February 11, 2015 - RgP)
RgE The Committee Of The Whole Will Meet On March 11, 2015 ln The City Manager's Office Large
Conference Room To Discuss The City Manager's And City Clerk's Employment Contract.
(Office of the City Manager)
RgF Update Regarding The Miami Beach Community Development Corporation (MBCDC) Audit
Findings.
(Office of the City Manager)
RgG Discussion Regarding Traffic ln North Beach.
(Requested by Commissioner Micky Steinberg)
14
14
Commission Agenda, March 11,2015
R9 - New Business and Gommission Requests (Continued)
RgH Discussion On Adding Padel Tennis Courts To The Flamingo Park Master Plan.
(Requested by Mayor Philip Levine)
(Legislative Tracking: Parks & Recreation)
Rgl Update On The School Nurse lnitiative lncluding Specific Details On The Children's Trust Recent
School Health Program Request For Proposal.
(Requested by Commissioner Micky Steinberg)
RgJ Discussion Regarding The Homeless, As Our Numbers Are lncreasing Significantly.
(Requested by Commissioner Deede Weithorn)
RgK Presentation By FDOT On The Alton Road Design From The 40's To The 60's Section.
(Requested by Commissioner Deede Weithorn)
RgL Update On Centennial Activities And Budget.
(Office of the City Manager)
RgM Discussion ltem - CIBO Settlement - Continuum Development Agreement - Update.
(Office of the City Attorney)
RgN Discussion Of Scheduling First Reading On April 15,2015, Of An Ordinance Amendment To The
Land Development Regulations Modifying The MXE District Setback Requirements To lnclude
Separate, Reduced Setback Requirements For Commercial Buildings, With A Lot Line On Collins
Avenue, That Do Not Contain Any Hotel Or Residential Units.
(Requested by Commissioners Michael Grieco & Joy Malakoff)
RgO Discussion And/Or Referral To The Land Use And Development Committee Regarding
Consideration Of A Bicycle Path As An Addition To The Beach Walk.
(Requested by Commissioner Edward L. Tobin)
RgP Discussion Regarding A Budget To Provide Urban Planning And Other Appropriate Training For
Land Use Board Members.
(Requested by Commissioner Edward L. Tobin)
RgQ Discussion About Providing Refreshments For The Board And Committee Members That Have
Day Long Meetings.
(Requested by Commissioner Edward L. Tobin)
RgR Discussion Regarding The 63'd Street Bridge And The 2016 Yacht Show And Traffic lmpact.
(Requested by Commissioner Michael Grieco)
15
15
Commission Agenda, March 11, 2015
R9 - New Business and Commission Requests (Continued)
RgS Discussion Regarding Valet Parking.
(Requested by Commissioner Michael Grieco)
RgT Discussion Regarding North Beach Peak Hour Traffic, Multiple Failing lntersections, And
Management Of The Collins Corridor.
(Requested by Commissioner Michael Grieco)
RgU Discussion Regarding Waiving Remaining City Fees And Charges For The Miami Beach Gay
Pride 2015, Which lncludes Square Footage And Lummus Park User Fees.
(Requested by Commissioner Michael Grieco)
RgV Discussion Regarding Miami Beach's Potential Participation ln The U.S. Department Of
Transportation Mayor's Challenge For Safer People, Safer Streets.
(Requested by Commissioner Michael Grieco)
RgW Discussion Regarding Starting Contract Negotiations With The Police And Fire Unions, And
Having An Attorney/Client Closed Session At The April Commission Meeting.
(Requested by Vice-Mayor Jonah Wolfson)
RI0 - Citv Attornev Reports
R10A City Attorney's Status Report.
(City Attorney Office)
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC 094-2014):
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Committees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
End of Reqular Aqenda
16
16
Commission Agenda, March 11,2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
March 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, And Approving And Authorizing The RDA To Enter lnto A Lease Agreement
Between The Miami Beach Redevelopment Agency (Landlord) And ArtConnection
lnternational, lnc. (Tenant), ln Connection With The Use Of Suite No. 6 At The Anchor
Shops, Located At 100 16th Street, Suite No. 6, Miami Beach, Florida (Space), For A Term
Commencing On November 12,2015 And Ending On November 11 ,2025.
(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
i915. ?0i5
\ n i n i { lm ry t- E"4X I?! ?i i J1 ti tl t s $ { F'\ } a ai' Jr l l1 r. Jl l H >* J ! ! tu4i\l 1ii4d,J\I 1!g\l i*&B , !
' Y ]i; \J 3 i]3dMJ E.MS I
CITY CLERK'S OFFICE LOBBYIST LIST
March 11,2015 Special City Gommission Meeting
Lobbyist's Name Retained by Principa!Date
Reqistered
Amount Disclosed
Agreement with Xerox State and Local Solutions for Red Light Enforcement
Brian May Xerox State & Local Solutions lnc.02.24.2009 $5,000 flat fee
Tim Riera-Gomez Xerox State & Local Solutions lnc.08.10.201 1 $5,000 flat fee
Renewal of Permit to Retain Handicap Access Ramp Located at 1460 Ocean Drive
Murray Dubbin Vera Mendez World of Kids 02.19.2015 Out of pocket
expenses
lnclusion of Restroom/Storage at Altos del Mar
Alexander Tachmes General Real Estate Corporation 12.09.2002 $4,200 Flat Fee
Settlement Agreement with Miami Beach Community Church, lnc. (MBCC)
Matthew Amster South Beach Tristar, LLC.05.09.2014 $400 hourly
Daniel Ciraldo MDPL 05.12.2014 Notfor-profit
David Edelstein South Beach Tristar, LLC.05.12.2014 None
Raymond Jungles South Beach Tristar, LLC.05.12.2014 $425 hourly
Michael Larkin South Beach Tristar, LLC.05.09.2014 $500 hourly
Kenneth Stenicky Miami Beach Community Church, lnc.05.09.2014 Not-for-profit
Rev. Harold Thompson Miami Beach Community Church, lnc.05.08.2014 Not-for-profit
Todd Tragash South Beach Tristar, LLC.05.12.2014 $175 hourly
Paddle Tennis Courts addition to Flamingo Park Master Plan
David Custin Miami Beach Tennis Mgmt, lnc.12.13.2013 $1,000 Flat fee
Wayne Pathman Greensquare, lnc.10.28.2013 $400 hourly
F:\CLER\COM MON\20 1 5\031 1 201 5 CM\LOBBYISTS\LOBBYIST LIST 031 1 20 1 5.docx
21
c2
COMPETITIVE BID REPORTS
22
lntended Outcome Su
Enhance Beautification And Cleanliness Of City Owned Corridors
Supporting Data (Surveys, Environmental Scan, etc.): N/A
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO ISSUE A REQUEST FOR QUALTFTCATTONS (RFa) NO.2015-
127-JR FOR ARCHITECT & ENGINEERING SERVICES FOR THE MIDDLE BEACH
RECREATIONAL CORRIDOR - PHASE III PROJECT
ltem Sum
The City is a consultant to provide design, permitting, and owner's representative services for
the proposed Miami Beach Recreational Corridor (MBRC) between 24 Street and 45 Street
(hereinafter referred to as the "Project"). The purpose of the Project is to create a multi-purpose
public access corridor, within the footprint of the existing wooden boardwalk, which extends
along the western edge of the dune immediately east of the oceanfront properties. Generally,
the Project consists of a 15 foot wide paver pathway and corresponding landscaping.
The Project will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The Project will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed
by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The Administration is seeking approval to issue Request for Qualifications (RFO) 2015-127-JR
to solicit proposals from qualified consultants to provide design, permitting, and owner's
representative services for the Project. The RFQ (attached) details the scope of services,
minimum qualifications and evaluation criteria.
The City Manager recommends that the Mayor and City Commission authorize the issuance of
RFQ 2015-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor - Phase lll Proiect.
Clerk's Office Tracki
n-Offs:
T:\AGENDI
SUMMARY
FQ 2015-127-JR -Corridor Phase lll Project -
AGENDA ITEM c2+
3-ll-t5
Board Recommendation:
Financial lnformation :
N/A
Financial Impact Summary: N/A
Alex Denis, Director Ext # 6641
E MIAMIBEACH DATE23
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
the City ssron
SUBJECT: REQUEST APPROVAL TO ISSUE h REOUEST FOR QUALIFICATIONS (RFO) NO.
2015-127-JR FOR ARCHITECT &NEERING SERVICES FOR THE MIDDLE
BEACH RECREATIONAL CORRIDOR - PHASE III PROJECT
ADMINISTRATION RECOMM EN DATION
Approve the issuance of the RFQ.
BACKGROUND
The City is a consultant to provide design, permitting, and owner's representative services for
the proposed Miami Beach Recreational Corridor (MBRC) between 24 Street and 45 Street
(hereinafter referred to as the "Project"). The purpose of the Project is to create a multi-purpose
public access corridor, within the footprint of the existing wooden boardwalk, which e)dends
along the western edge of the dune immediately east of the oceanfront properties. Generally,
the Project consists of a 15 foot wide paver pathway and corresponding landscaping.
The Project will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The Project will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed
by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The Administration is seeking approval to issue Request for Qualifications (RFO) 2015-127-JR
to solicit proposals from qualified consultants to provide design, permitting, and owner's
representative services for the Project. The RFQ (attached) details the scope of services,
minimum qualifications and evaluation criteria.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the Mayor and City Commission authorize the issuance of
RFQ 2015-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor- Phase lll Project.
ATTACHMENTS
nfO ZOtS-127-JR for Architect & Engineering Services for the Middle Beach Recreational
Corridor- Phase lll Project
JLM/KGB/MS/AD
T:\AGENDA\2015\March\Procurement\RFQ 2015-127-JR - Middle Beach Recreational Corridor Phase lll Proiect - ISSUANCE MEMO.docx
24
REQUEST FOR QUAL|F|CAT|ONS (RFe)
Archirecf qnd Engineering Services for the Middle
Beqch Recreqtionql Corridor
RFQ 2OI5.I 27.JR
RFQ ISSUANCE DATE: MARCH 12,2015
STATEMENTS OF QUALIFICATIONS DUE: APRIL 8,2015 AT 3:00 PM
ISSUED BY:
MIAMIBEACH
Joe V. Rodriguez, CPPB, FCCM, Procuremenl Coordinotor
PROCUREMENT DEPARTMENT
17OO Convention Center Drive, Miomi Beoch, FL 33.l39
305.623 .7 490 x.6263 | Fox: 7 86-39 4-5 49 4 | ioerodriguez@miomibeochfl. gov
www.miomibeochfl.gov
25
I/,IAMIBEACH
TABLE OF CONTENTS
SOLIGITATION SEGTIONS:
OlOO NOT UTILIZED
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
O3OO SUBMITTAL INSTRUCTIONS & FORMAT
O4OO STATEMENT OF QUALIFICATIONS EVALUATION
APPENDICES:
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO BID" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E INSURANCE REQUIREMENTS
APPENDIX F SAMPLE CONTRACT
APPENDIX G INTER-LOCAL AGREEMENT WITH MPO & MIAMI BEACH
PAGE
N/A
3
10
13
PAGE
14
21
23
26
28
30
75
RFA 2015-127-JR
26
sEcTloN 0200
MIAMIBEACH
INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and,subsequently,thesuccessful proposer(s) (the"contractor[s]")ifthisRFQresultsinanaward.
The City utilizes PublicPurchase (www.publicpurcha ) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach is soliciting "Statements of Qualifications" that the City may utilize to select a consultant to
complete the demolition and construction of the Middle Beach Recreation Corridor (MBRC) which includes a 15'
wide paver pathway and aesthetic landscape from 24 Street to 45 Street. For the purposes of this RFQ, the
selection process will be based on qualifications. No proposal for specifics to the Middle Beach Recreational Corridor
(MBRC) is being requested, nor will be considered, at this time. The City may utilize the consultant services for the
following tasks;o Conceptual plans, diagrams, material guidelines, and illustrative details that incorporate general elements
and design direction.. Construction Design. Permitting: Florida Department Environmental Protection Coastal Construction Control Line.. OwnersRepresentative
The City is seeking services from a consulting firm or team relative to the design, permitting, and implementation of
the proposed MBRC between 24 Street and 45 Street. The purpose of the Project is to create a multi-purpose public
access corridor, within the footprint of the existing wooden boardwalk, which extends along the western edge of the
dune immediately east of the oceanfront properties.
The corridor will interconnect area business districts, cultural/tourism centers, residential neighborhoods, parking
facilities, parks, schools and the beaches. The corridor will be approximately 6,000 linear feet running in a north-
south direction connecting 24 Street and 45 Street, lt should be noted that there are two segments along this stretch
that will be constructed by the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two
segments are not included in this scope of work.
The corridor will be designed with a minimum width of 1S{eet on-grade path that provide ocean views where the
topography of the dune permits. The pathway will be constructed of pavers with connections at street ends and
other public access areas, The scope of work will include dune restoration and enhancement as part of the prolect.
The City's construction cost budget for the Project is $12,570,000.
For the purposes of this RFQ, the selection process will be based on qualifications. Following the City Manage/s
recommendation and the City Commission's acceptance of the ranking of proposers, the Administration will
negotiate an agreement for services and fees with the Proposer deemed to be most qualified. ln the event the
Administration is unable to negotiate an agreement with the most qualified firm, the Administration will negotiate with
other proposers in order of rank.
This RFQ is issued pursuant to Chapter 287.055, Florida Statutes, the Consultants Competitive Negotiations
Act (CCNA).
RFQ 20 t 5-1271R
27
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued March 12,2015
Pre-Submittal Meeting March 24,2015 at 10:00 AM
Deadline for Receipt of Questions March 31,2015 at 5:00 PM
Responses Due April 8, 2015 al3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations Following Commission Approval
MIAMIBEACH
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date Statement of Qualifications are due as scheduled in Section 0200-3. All responses to
questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:Telephone:Email:
Joe V. Rodriguez, CPPB, FCCM 305-673-7490, EXT 6263 ioerodrisuez@miamibeachfl.qov
Additionally, the City Clerk is to be copied on all communications via e-mail at:
Rafaelq ran ado@miamibeachfl.qov; or via facsimile: 786-394-4 1 88.
5. PRE-STATEMENTS OF QUALIFICATIONS 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 - 4th 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) Dial the 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
RFQ expressing their intent to participate via telephone.
6. PRE.STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions
received by prospective Proposers are not binding on the City and will be without legal effect, including any
Rr-Q 20 t 5-t2/tR
28
MIAMIBEACH
information received at pre-submittal meeting or site visit(s), Only questions answered by written addenda will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at:
http://librarv.municode.com/index.aspx?clientlD= 13097&statelD=9&statename=Florida
Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly
prohibited with the of exception communications with the Procurement Director, or his/her administrative staff
responsible for administering the procurement process for this solicitation providing said communication is limited to
matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be
submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelqranado@miam ibeachfl.qov
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
. CONE OF SILENCE ... CITY CODE SECTION 2486r PROTEST PROCEDURES CITY CODE SECTION 2-371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2485.3
o LOBBYIST REGISTRATION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 2481 THROUGH2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTISSUES,......,.., CITY CODE SECTION 2488. REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2.373
r LIVING WAGE REQUIREMENT..... CITY CODE SECTIONS 2407 THR0UGH2-410r PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374. FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No.2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Statement of Qualifications, will be considered by the City Manager who may recommend to the City Commission
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MIAMIBEACH
the propose(s) s/he deems to be in the best interest of the City or may recommend rejection of all Statement of
Qualifications. The City Manager's recommendation need not be consistent with the scoring results identified herein
and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract.
(2) Whether the proposer can perform the contract within the time specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer,
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications. Upon
approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take
place to arrive at a mutually acceptable Agreement, including cost of services.
13. ACCEPTANCE 0R REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of
Qualifications prior to award. Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date, A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract. lgnorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part
of the Proposer.
15. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility (and shall
be at the sole cost and expense) of the Proposer , and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Propose/s employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
't8. MISTAKES. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Statement of Qualifications being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
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30
I/IAAAIBEACH
20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where consultant is required to enter or go on to City of Miami Beach property to deliver materials or perform work
or services as a result of any contract resulting from this solicitation, the consultant will assume the full duty,
obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies
with all applicable laws, The consultant shall be liable for any damages or loss to the City occasioned by negligence
of the proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
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 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. ASSIGNMENT. The successful proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
25. LAWS. PERMITS AND REGULATIONS. The proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
26. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
27. VOLUME OF WORK TO BE RECEIVED BY CONSULTANT. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the consultant. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions,
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28. 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.
29. INDEMNIFICATION. The consultant shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the consultant or its employees, agents, servants, partners, principals or
subcontractors. The consultant shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The consultant
expressly understands and agrees that any insurance protection required by this Agreement or othenarise provided
by the consultant shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
30. CONTRACT EXTENSION. The City reserves the right to require the Consultant to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additionalextensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the consultant.
31. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s, 24(a), Arl.1 of the State Constitution untilsuch time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Consultant agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
32. MODIFICATIONMITHDRAWALS OF QUALIFICATIONS. A Proposer may submit a modified Statement of
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered. Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writing prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
Rr-Q 20 t 5-t'2/-JR
32
l',1lAMl BEACH
award will not be considered.
33. EXCEPTIONS TO RFQ. Proposals must cleady indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered, AII exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or reject any or all exceptions and alternatives, ln cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFQ).
34. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Proposals shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Statement of Qualifications, Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties,
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sEcTtoN 0300
MIAMIBEACH
SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Statements of Qualifications are to be received on or before the due date established herein for the
receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will
be considered Iate and not be accepted or will be returned to proposer unopened. The City does not accept
responsibility for any delays, natural or othenruise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references. Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ions requirements established in Appendix C, Minimum Requirements and Specificati
ience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services as identified in this solicitation, including experience in
providing scope of services to public sector agencies. Submit at least three (3) references as evidence of the firms
relevant experience for each reference, submit the following:
. Client name, address, phone number, and email. Consultant (Architect or Engineer) name, address, phone number, and email. Description of the scope of the worko Role of the firm and responsibilities. Project commencement and completion dateso Total cost and/or fees paid to your firmo Total estimated and actual construction cost
2.2 Qualifications of Proposer Team (Architects and Engineers). Provide an organizational chart of all perconnel and
consultants to be used for this prolect if awarded, the role that each team member will play in providing the services detailed
herein and each team members' qualifications. A resume of each individual, including education, experience, and any other
pertinent information, shall be included for each respondent team member to be assigned to this contract.
2.3 Qualifications of Proposer Project Manager: Provide a comprehensive summary of the Project Manage/s experience
and qualifications. The Propct Manager must have a minimum of five (5) years' experience in the planning, desiqn, and
RFQ 2015-127)R r0
34
MIAMIBEACH
construction administration of streetscape and utility facilities in a coastalenvironment and managed a minimum of three
(3) previous projects having the same or similar size and scope.
2.4 Standard Form 330. The proposing firm shall submit a completed Standard From 330 (attached). No proposal will
be considered without this required form. ln addition to experience and qualifications considerations, the City may use
this information to consider the firm's previous and current workload.
2.5 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://suoplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly recommended that each
proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible
in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at
800-424-2495.
and
Proposal shall describe its approach and methodology in accomplishing the goals of this RFQ as outlined below:
1. Develop the scope and deliverables of the desired project in conjunction with City officials and other
stakeholders as assigned by the City;
2. Complete the planning, permitting, design and construction management within the agreed to scope and
deliverables,
ln describing its approach and methodology, proposer shall provide detailed responses on how it will accomplish the
desired scopes of the project, by including (but not limited to) the following important elements:
1. Data collection.
2. Conceptual Design Development,
3, Public input.
4. Engineering & Landscape Design.
5. Environmental, sustainability, storm water, sea level rise and flooding concerns.
6, Coastal Permitting,
7. Construction administration.
Proposer shall also address how it plans to incorporate Small or Disadvantaged Firms in its delivery of services.
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
tlRFQ 2015-127)R
35
sEcTtoN 0400
MIAMIBEACH
STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results
to make a recommendation to the City Commission.
2. Step 1 Evaluation. Proposals will be categorized into the discipline areas noted in section 0200-2 (Groups
A & B) prior to evaluation by the committee in order that proposals may be evaluated by category against
other proposers in that category. The first step will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to
the Evaluation Committee results by the Department of Procurement. An Evaluation Committee, appointed by the
City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all Statement of Qualifications received, with or without conducting interview sessions; or. review all Statement of Qualifications received and short-list one or more Proposer to be further considered
during subsequent interview session(s) (using the same criteria).
Experience and Qualifications
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step
1, as follows:
Veterans Preference
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36
AAIAMIBEACH
4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement. Step I and 2
scores will be converted to rankings in accordance with the example below:
Committee
Member 1
Step '1
Points 82 76 80
Step 2
Points 10 5 5
Total 92 81 B5
Rank 1 3 2
Commiftee
Member 2
Step 1
Points 85 85 72
Step 2
Poinfs 10 5 5
Total 95 90 77
Rank 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 10 5 5
Total 90 79 71
Rank 1 2 3
,JJfl *ffi fl f ,31"T3lif J:ffi :l[ffi:iil'J;illiT.1T.1xffi ff i,T'
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.
5, Negotiations. Following the City Manager's recommendation and the City Commission's acceptance of the
ranking of proposers, the Administration will negotiate an agreement for services and fees with the Proposer deemed
to be most qualified. ln the event the Administration is unable to negotiate an agreement with the most qualified firm,
the Administration will negotiate with other proposers in order of rank,
Rr-Q 2O t 5-1'.2/lR t3
37
APPENDIX A
MIAMIBEACH
Response Certificotion,
auestionnoire &
Req uirements Affid ovit
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT,I700 Convention Center Drive
Miomi Beoch, Florido 33,l39
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38
Solicitation No:
RFQ 2015.127.JR
Solicitation Title:
Middle Beach Recreational Corridor (MBRC)
Procurement Contact:
Joe V. Rodriquez, CPPB, FCCM
Tel:
305-673-7000 x. 6263
Email:
ioerodriquez@miamibeachfl ,oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from
Proposals in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proooser lnformationGeneral Proposer lnformation.
FIRM NAME:No. of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
UI IY
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO,:
ACCOUNT REP EMAIL:
FEDERAL TAX IDENTIFICATION NO,:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
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39
2.
Veteran Owned Business. ls proposer claiming a veteran owned business status?f--l ves [--l r,ro
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposals must disclose, in their Statement of Qualifications, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (1 0%) percent or more in the Proposer entity or any of
its affiliates
Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s) in the last ten years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the
court or agency before which the action was instituted, the applicable case or file number, and the 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 filed against your firm(s), please provide a statement to that effect. Truthful and complete
answers to this question may not necessarily disqualify a firm 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.
SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action flled against respondent, or
any respondent team member firm, in the past ten (10) years. lf Respondent has no litigation history or regulatory action in the past
10 years, submit a statement accordingly.
References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
l__-l vEs [-l rrro
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statement of Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as 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 No.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
6.
Rr-Q 2U t 5- 1'.2/)R t6
40
8.
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www. miamibeachfl .gov/procuremenV.
ame may Ue amenOe
below;. eurrently; the heurly living wage rate is $11,28/hr with health benefits ef at least $1,64 an heur; er a living wage ef net
The living wage rate and health eare benefits rate may, by Reselutien ef the eity eemprissien be indexed annually fer inflatien
ssi
@
Prepesers' failure te eemply with this previsien-shall be deemed a material breaeh under this hid, under whieh the eity may, at its
epeser as nen res^ensive, and may further subjeet prepeser te additienal penalties and
rther infermatien abeut tiving Wage requirements,
i+reguired, By vntue ef exeeuting this affidavit deeument, Prepeser agrees
@
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Beneflts" to their
employees with domestic partners, as they provide to employees with spouses. fhe Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contracto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A.
B.
Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?
l__-l vrs l--_l ruo
C. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic pa(ners* or to
domestic partners of employees?
D.f--l vrs [__--] r,ro
E. Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic
partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such
as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
9.
RFa 2015-127)R 17
41
10.
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl . gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s, 287.017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receint
lnitial to Confirm
Receiot
lnitial to Confirm
Receint
Addendum 1 Addendum 6 Addendum 1 1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
11.
RFa 20t 5-t271R IB
42
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval,
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualiflcations submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in{he-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be 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.
RFa 20t 5 127)R t9
43
I hereby certify that. l, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal;
Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this
solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure
and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the
solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to
comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal
with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges
that all information contained herein is part of the public domain as deflned by the State of Florida Sunshine and Public
Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications
Certification, Questionnaire and Affidavit are true and accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Authorized Representative:
Signature of Proposer's Authonzed Representative:Date:
State of FLORIDA )
)
On this
-day
of
-,
20_, personally
appeared before me who
of
Countyof _) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
RFQ 2U t 5- 1',2/1R 20
44
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20 t 5-t'2/lR tt
45
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT
THIS TrME 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:
Lega! Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: Joe V. Rodriguez, CPPB, FCCM
STATEMENTS OF QUALI FICATIONS #201 5.127.JR
1700 Convention Center Drive
MIAMI BEACH, FL 33139
KrQ 2U t 5- t'2/)R 22
46
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT
lZ00 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFa 2015127)R 23
47
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. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
1. Proposer must have a minimum of three (3) years' experience.
2. Proposer must have completed at least three (3) prolects similar in scope and volume in
the last ten (10) years.
3. Proposer and its team members (Architects and Engineers) must be licensed by the
Florida Department of Business and Professional Regulation.
4. The Project Manager must have a minimum of three (3) years' experience in the planning,
design, and construction administration of streetscape and utility facilities in a coastal
environment and managed a minimum of three (3) previous projects having the same or
similar size and scope.
C2. SCOPE OF WORK REQUIRED.
The City of Miami Beach is soliciting "Statements of Qualifications" that the City may utilize to
select a consultant to complete the demolition and construction of the Middle Beach Recreation
Corridor (MBRC) which includes a 15' wide paver pathway and aesthetic landscape from24 Street
to 45 Street. For the purposes of this RFQ, the selection process will be based on qualifications.
No proposal for specifics to the Middle Beach Recreational Corridor (MBRC) is being requested,
nor will be considered, at this time. The City may utilize the consultant services for the following
tasks;
. Conceptual plans, diagrams, material guidelines, and illustrative details that incorporate
general elements and design direction.o Construction Designo Permitting: Florida Department Environmental Protection Coastal Construction Control
Line,. OwnersRepresentative
The City is seeking services from a consulting firm or team relative to the design, permitting, and
implementation of the proposed MBRC between 24 Street and 45 Street. The purpose of the
Project is to create a multi-purpose public access corridor, within the footprint of the existing
wooden boardwalk, which extends along the western edge of the dune immediately east of the
oceanfront properties.
The corridor will interconnect area business districts, cultural/tourism centers, residential
neighborhoods, parking facilities, parks, schools and the beaches. The corridor will be
approximately 6,000 linear feet running in a north-south direction connecting 24 Street and 45
Street. lt should be noted that there are two segments along this stretch that will be constructed by
the upland property owner: 29 Street to 30 Street and 33 Street to 36 Street. These two segments
are not included in this scope of work.
The corridor will be designed with a minimum width of 1S{eet on-grade path that provide ocean
Rr-Q 20 t5 t27tR 24
48
views where the topography of the dune permits, The pathway will be constructed of pavers with
connections at street ends and other public access areas. The scope of work will include dune
restoration and enhancement as part of the project. The City's construction cost budget for the
Project is $1 2,570,000.
Rr-o 2015 t'2/)R 25
49
APPENDIX D
MIAMIBEACH
Speciol Conditions
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RrQ 2015127-JR .Az\_)
50
1. TERM OF CONTRACT. Not Applicable.
2. OPTIONS TO RENEW. Not Applicable.
3. PRICES. Not Applicable.
4. EXAMINATION OF FACILITIES. Not Applicable.
5. !NDEMNIFICATION. Not Applicable.
6. PERFORMANCE BOND. Not Applicable.
7. REQUIRED CERTIFICATIONS. Not Applicable.
8. SHIPPING TERMS. Not Applicable.
9. DELIVERY REQUIREMENTS. Not Applicable.
10. WARRANTY REQUIREMENTS. Not Applicable.
11. BACKGROUND CHECKS. Not Applicable.
12. PRECLUSIONS. Not Applicable.
13. COMPETITIVE SPECIFICATIONS. lt is the goal of the City to maximize competition for the
project among suppliers & contractors. Consultant shall endeavor to prepare all documents, plans
& specifications that are in accordance with this goal. Under no condition shall Consultant include
means & methods or product specifications that are considered "sole source" or restricted without
prior written approval of the City.
RrQ 20 t 5- t'2/)R a7L/
51
APPENDIX E
MIAMIBEACH
I nsuro nce Requirements
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCUREMENT MANAGEMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20 t 5- t'2/1R 28
52
MIAMIBEACH
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
The provider shall furnish to the Human Resources Department, Risk Management Division, City of
Miami Beach, 1700 Convention Center Drive, 3'd 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 Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than $1,000,000 combined single limit per
occurrence for bodily injury and property damage.
D. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible
per claim, if any, not to exceed 10o/o of the limit of liability.
The insurance coverage required above must include a waiver of subrogation in favor of the City. The
insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the provider.
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 "A-" as to management, and no less than "Class
Vll" 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.
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:
CIry OF MIAMI BEACH
17OO 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 limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
29Rro 20 t 5- t'2/1R
53
APPEN DIX F
MIAMIBEACH
Somple Controct
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Rr-Q 20151271R 30
54
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
xxxxxxxxxxxxxxxxxxxxxxxx
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING SERVICES
FOR THE
MTDDLE BEACH RECREATTONAL CORRTDOR (MBRC)
Resolution No.
RFA 20)51271R a1JI
55
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1 DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITYS RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABLE EXPE'VSES
ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
ARTICLE 11. INSURANCE
ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
ARTICLE 13. ERRORS AND OMISSIONS
ARTICLE 14. LIMITATION OF LIABILITY
ARTICLE 15. NOTICE
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
PAGE
2
7
13
16
17
18
19
20
21
22
23
24
25
26
26
27
56
SCHEDULES:
SCHEDULE A SCOPE OF SERVICES
SCHEDULEB CONSULTANTCOMPENSATION
SCHEDULE C HOURLY BILLING RATE
SCHEDULE D CONSTRUCTION COST BUDGET
SCHEDULE E PROJECT SCHEDULE
SCHEDULE F GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
SCHEDULE G INSURANCE AND SWORN AFFIDAVITS
SCHEDULE H BEST VALUE AMENDMENT
33
34
35
36
37
38
39
40
57
TERMS AND COND'T'O'VS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
XXXXXXXXXXXXXXXXXXXXXXXXXXX
FOR
PROFESSIONAL ARCHITECTURE AND ENGINEERING (A/E) SERVICES
FOR THE
MTDDLE BEACH RECREATTONAL CORRTDOR (MBRC)
This Agreement made and entered into this _ day of ,20XX, by and between the CITY OF
MIAMI BEACH, a municipal corporation existing under the laws of the State of Florida, having its
principal offices at 1700 Convention Center Drive, Miami Beach, Florida,33139, (hereinafter referred to
as City), and XXXXXXXXXXXXXXXXXXXXXXXXXXXX, a Florida XXXXXXXXXXX having its principal
officeatffiXXXxXxXXXxxXXX(hereinafterreferredtoasConsultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage
the Consultant to provide specific professional services including, without limitation, A/E services, for the
Project, at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and
agreement herein contained, agree as follows:
34RFO 20 t 5-12/1R
58
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal
corporation having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida,
331 39.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of
the City.
1.3 GITY MANAGER: The "City Manager" shall mean the chief administrative officer of the
City. The City Manager shall be construed to include any duly authorized representatives
designated in writing (including the Project Coordinator) with respect to any specific matter(s)
concerning the Services and/or this Agreement (exclusive of those authorizations reserved to the
City Commission or regulatory or administrative bodies having jurisdiction over any matter(s)
related to the Project, the Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualifications
No. 2015-127-JR, entitled "Middle Beach Recreational Corridor (MBRC)" issued by the City in
contemplation of this Agreement, together with all amendments thereto (if any), and the
Consultant's proposal in response thereto (Proposal), which is incorporated by reference to this
Agreement and made a part hereof; provided, however, that in the event of an express conflict
between the Proposal Documents and this Agreement, the Agreement shall prevail.
1.5 GONSULTANT: The named entity on page 1 of this Agreement, the "Consultant"
shall mean the architecUengineer who has entered into a contract with the City to provide the
Services described under this Agreement. When the term "Consultant" is used in this Agreement
it shall also be deemed to include any officers, employees, sub-consultants, agents, and any
other person or entity acting under the supervision, direction, or control of Consultant. Any sub-
consultants retained by Consultant for the Project shall be subject to the prior written approval of
the City Manager. Consultant shall provide the Project Coordinator with copies of the contract
between Consultant and any sub-consultant's. Any such contracts shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this
Agreement shall create any contractual relationship between the City and sub-consultants. Any
approval of a sub-consultant by the City shall not, in any way, shift the responsibility for the
quality and acceptability by the City of the services performed by the sub-consultant, from the
?<RFa 2015 127)R
59
Consultant to City. Payment of sub-consultants shall be the responsibility of the Consultant, and
shall not be cause for any increase in compensation to the Consultant for payment of the Basic
Services. The quality of services and acceptability to the City of the services performed by such
sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
XXXXXXXXXX)fiXXXXXXXXXX ;
XXXXXXXXXXXXXXXXXXXXXX.
1.6 PROJECT COORDINATOR: The "Project Coordinatod' shall mean the individual
designated in writing by the City Manager who shall be the City's authorized representative to
coordinate, direct, and review (on behalf of the City) all matters related to the Project during the
design and construction of the Project (unless expressly provided otherurrise in this Agreement or
the Contract Documents).
Intentionally Omitted]
1.8 BASIC SERVICES: "Basic Services" shall include those services which Consultant shall
perform in accordance with the terms of the Agreement (and as required to complete the Project),
as further described in Article 2 and Schedule "A" hereto. ln addition any Services not specifically
addressed as Additional Services (as defined herein) shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been
approved by the City Commission and is described in Schedule "A" hereto.
1.9.1 Proiect Cost:The "Project Cost", shall mean the estimated total cost of the
Project, as prepared and established by the City, including the estimated Construction Cost
and Soft Costs. The Project Cost may, from time to time, be revised or adjusted by the City,
in its sole discretion, to accommodate approved modifications or changes to the Project or
scope of work.
1.9.2 Proiect Scope: The "Project Scope" shall mean the description of the
Project in Schedule "A" hereto.
1.7
Rr-ci 20t5 t'2/)R 36
60
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the
actual total cost to the City of the Work (as established in the Contract Documents, as they may be
amended from time to time), including a contingency allowance for unforeseen conditions, not to
exceed ten percent (10%) of the construction cost for new construction, or twenty percent (20o/o) ot
the construction cost for rehabilitation of historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or
competitive bid received and accepted from a responsive and responsible bidder or proposer for
such Work.
l.l0.l GonstructionCostBudqet: The "Construction Cost Budget" shall mean the
amount budgeted by the City for the Construction Cost, as set forth in Schedule "A" hereto.
1.10.2 Statement Of Probable Construction Cost: The "statement of Probable
Construction Cost" shall mean the latest approved written estimate of Construction Cost
submitted by Consultant to the City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction
Cost shall be the same as the Construction Cost.
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or
irresistible force occasioned by violence in nature without the interference of human agency such
as hurricanes, tornadoes, floods, loss caused by fire and other similar unavoidable casualties; or
by changes in Federal, State or local laws, ordinances, codes or regulations enacted after the date
of this Agreement ; or other causes beyond the parties' control which have, or may be reasonably
expected to have, a material adverse effect on the Project, or on the rights and obligations of the
parties under this Agreement and which, by the exercise of due diligence, such parties shall not
have been able to avoid; provided, however, that inclement weather (except as noted above), the
acts or omissions of sub-consultants/sub-contractors, market conditions, labor conditions,
construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force
majeure, the Consultant shall request a time extension from the Project Coordinator within five (5)
business days of said force majeure. Any time extension shall be subject to mutual agreement and
^a
61
shall not be cause for any claim by the Consultant for extra compensation, unless additional
services are required, and approved pursuant to Article 5 hereof.
1.12 CONTRACTOR: "Contractor" shall mean the individual or individuals, firm, company,
corporation, joint venture, or other entity contracting with City for performance of the Work covered
in the Contract Documents.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together
with all exhibits, addenda, and written amendments issued thereto), and the documents prepared
by Consultant in accordance with the requirements of the Scope of Services in Schedule "A" hereto
(that form the basis for which the City can receive bids for the Work included in the documents).
The Contract Documents shall also include, without limitation (together with all exhibits, addenda,
and written amendments issued thereto), the invitation to bid (lTB), instructions to bidders, bid
form, bid bond, the Contract for Construction, surety payment and performance bonds, Conditions
of the Contract for Construction [General, Supplementary, and other Conditions], Divisions 0-17,
Construction Documents, an approved Change Order(s), approved Construction Change
Directive(s), and/or approved written order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: "Contract for Construction" shall mean the legally
binding agreement between City and with Contractor for performance of the Work covered in the
Contract Documents.
1.15 CONSTRUCTION DOCUMENTS: "Construction Documents" shall mean the final plans,
technical specifications, drawings, documents, and diagrams prepared by the Consultant pursuant
to this Agreement, which show the locations, characters, dimensions and details of the Work to be
done, and which are part of the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant,
covering changes, additions, or reductions in the terms of this Agreement including, without
limitation, authorizing a change in the Project, or the method and manner of performance thereof,
or an adjustment in the fee and/or completion dates.
Contract Amendments shall be approved by the City Commission if they exceed fifty thousand
dollars ($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or
Rr-Q 20 t 5- t'2/)R 20
62
other such amount as may be specified by the City of Miami Beach Procurement Ordinance, as
amended). Even for Contract Amendments for less than twenty-five thousand ($25,000.00), the
City Manager reserves the right to seek and obtain concurrence of the City Commission for
approval of any such Contract Amendment.
1.17 ADDITIONAL SERVICES: "Additional Services" shall mean those services, in addition to
the Basic Services in this Agreement, which the Consultant shall perform, at the City's option, and
which have been duly authorized, in writing, by the City Manager or his authorized designee, prior
to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods,
procedures, etc. necessary or convenient to performance by Contractor of all duties and
obligations proposed by the Contract Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant
performed pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than
Construction Cost including, without limitation, Consultant's Basic Services, Additional Services,
surveys, testing, general consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction
Documents recommended by the Consultant (and approved by the City) as being within the
Construction Cost Budget. "Base Bid" shall not include Additive Alternates or Deductive
Alternates.
1.22 SGOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic
Services, and any Additional Services (as approved by the City), all as described in Schedule "A"
hereto.
1.23 SGHEDULES: "Schedules" shall mean the various schedules attached to this
Agreement and referred to as follows:
Schedule A - Scope of Services.
Schedule B - Consultant Compensation.
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Schedule C - Consultant Hourly Billing Rate Schedule.
Schedule D - Construction Cost Budget.
Schedule E - Project Schedule.
Schedule F - General Conditions of the Contract for Construction
Schedule G - lnsurance Requirements and Sworn Affidavits
Schedule H - Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract
Documents and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which
shall be issued by the Project Coordinator and counter-signed by Consultant. Subsequent
Notices to Proceed shall also be issued by the Project Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as
same are set forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City
that it is knowledgeable of Federal, State, and local laws codes, rules and regulations applicable
in the jurisdiction(s) in which the Project is located, including, without limitation, applicable Florida
Statutes, and State of Florida codes, rules and regulations, and local (City of Miami Beach and
Miami-Dade County) ordinances, codes, and rules and regulations (collectively, "Applicable
Laws"). As they relate to the Services and to the Project, the Consultant agrees to comply with all
such Applicable Laws, whether now in effect or as may be amended or adopted from time to time,
and shall further take into account all known pending changes to the foregoing of which it should
reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of the
construction for the Project, the Consultant shall diligently coordinate performance of the Services
with the City (through the Project Coordinator) in order to provide for the safe, expeditious,
economical and efficient completion of the Project, without negatively impacting concurrent work
by others. The Consultant shall coordinate the Services with all of its sub-consultants, as well as
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other consultants, including, without limitation, City provided consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this
Agreement shall be performed in accordance with the standard of care normally exercised in the
design of comparable projects in South Florida. Consultant warrants and represents to the City
that it is experienced, fully qualified, and properly licensed (pursuant to Applicable Laws) to
perform the Services. Consultant warrants and represents to City that it is responsible for the
technical accuracy of the Services (including, without limitation, the Design Documents
contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of planning,
design, bidding/award, construction administration, and Additional Services [as may be
approvedl), all as further described in Schedule "A" hereto; and shall also include any and all of
Consultant's responsibilities and obligations with respect to the Project, as set forth in the General
Conditions of the Contract for Construction (attached as Schedule "F" hereto).
2.5.1 Planninq Services:
Consultant shall provide planning services for the Project, as required by the Contract
Documents and as set forth in Task 'l of Schedule "A" hereto (entitled "Planning
Services").
2.5.2 Design Services:
Consultant shall prepare Design Documents for the Project, as required by the Contract
Documents and as set forth in Task 2 of Schedule "A" hereto (entitled "Design Services")
2.5.3 Biddinq And Award Services:
Consultant shall provide bidding and award services for the Project, as required by the
Contract Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding
and Award Services").
2.5.4 Construction Administration Services:
Consultant shall provide construction administration services for the Project, as required
by the Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled
"Construction Ad ministration Services").
Rr-Q 20t5 t'2/)R 41
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2.5.5 Additional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as
set forth in Task 5 of Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals
issued by the City shall not constitute nor be deemed a release of the responsibility and liability of
the Consultant (or of any of its officers, employees, sub-consultants, agents, and/or servants), for
the accuracy and competency of its/their designs, working drawings, plans, technical
specifications, or other technical documents, nor shall such approval and/or decisions be deemed
to be an assumption of such responsibility by the City for a defect, error or omission in designs,
working drawings, plans, technical specifications, or other technical documents; provided,
however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt is understood that time is of the essence in the completion of the Project and, in
this respect, the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties
(subject to approval of the Agreement by the Mayor and City Commission) (the Effective
Date), and shall be in effect until all Services are completed or until the work and/or services
under the Notices to Proceed in force at the end of the stated period of time have been
completed and the Services accepted, whichever may be later.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with
the standard of professional skill and care required by this Agreement, and the orderly
progress of the Work.
2.7.3 The Services shall be performed in a manner that shall conform with the
approved Project Schedule, attached to as Schedule "E" hereto. The Consultant may
submit requests for an adjustment to the Project Schedule, if made necessary because of
undue delays resulting from untimely review taken by the City (or other governmental
authorities having jurisdiction over the Project) to approve the Consultant's submissions, or
any other portion of the Services requiring approval by the City (or other governmental
authorities having jurisdiction over the Project). Consultant shall immediately provide the
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Project Coordinator with written notice stating the reason for the particular delay; the
requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of completion. Upon receipt and review of Consultant's request (and such other
documentation as the Project Coordinator may require), the Project Coordinator may grant a
reasonable extension of time for completion of the particular work involved, and authorize
that the appropriate adjustment be made to the Project Schedule. The Project Coordinator's
approval (if granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights
to terminate the Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative
working relationship with the Project Coordinator, Contractor, and any and all other individuals
and/or firms that have been contracted, or othenrise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and
professional manner, and shall be responsible to the City for any failure in its performance, except
to the extent that acts or omissions by the City make such performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness,
performance and coordination of all work required under the Agreement (including the work
performed by sub-consultants), within the specified time period and specified cost. The
Consultant shall perform the work utilizing the skill, knowledge, and judgment ordinarily
possessed and used by a proficient consulting with respect to the disciplines required for the
performance of the work in the State of Florida. The Consultant is responsible for, and shall
represent to City that the work conforms to City's requirements, as set forth in the Agreement.
The Consultant shall be and remain liable to the City for all damages to the City caused by the
Consultant's negligent acts or errors or omissions in the performance of the work. ln addition to
all other rights and remedies, which the City may have, the Consultant shall, at its expense, re-
perform all or any portion of the Services to correct any deficiencies which result from the
Consultant's failure to perform in accordance with the above standards. The Consultant shall also
be liable for the replacement or repair of any defective materials and equipment and re-
performance of any non-conforming construction services resulting from such deficient Consultant
services for a period from the Effective Date of this Agreement, until twelve (12) months following
final acceptance of the Work, and for the period of design liability required by applicable law. The
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Project Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve
the method and timing of the corrections. Neither the City's inspection, review, approval or
acceptance of, nor payment for, any of the work required under the Agreement shall be construed
to relieve the Consultant (or any sub-consultant) of its obligations and responsibilities under the
Agreement, nor constitute a waiver of any of the City's rights under the Agreement, or of any
cause of action arising out of the performance of the Agreement. The Consultant and its sub-
consultants shall be and remain liable to the City in accordance with Applicable Laws for all
damages to City caused by any failure of the Consultant or its sub-consultants to comply with the
terms and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct,
unlaMul acts, negligent acts, errors or omissions in the performance of the Agreement. With
respect to the performance of work by sub-consultants, the Consultant shall, in approving and
accepting such work, ensure the professional quality, completeness, and coordination of the sub-
consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective services and any
resulting deficient, defective construction services re-performed within twelve (12) months
following final acceptance and shall be subject to further re-performance, repair and
replacement for twelve (12) months from the date of initial re-performance, not to exceed
twe nty-fou r m onths (24) from fi n a I accepta nce.
2.9.2 Consultant Performance Evaluation: The Consultant is advised that a
performance evaluation of the work rendered throughout this Agreement will be completed
by the City and kept in the City's files for evaluation of future solicitations.
2.10 The City shall have the right, at any time, in its sole and absolute discretion, to submit for
review to other consultants (engaged by the City at its expense) any or all parts of the Services
and the Consultant shall fully cooperate in such review(s). Whenever others are required to
verify, review, or consider any work performed by Consultant (including, without limitation,
contractors, other design professionals, and/or other consultants retained by the City), the intent
of such requirement is to enable the Consultant to receive input from others' professional
expertise to identify any discrepancies, errors or omissions that are inconsistent with industry
standards for design or construction of comparable projects; or which are inconsistent with
Applicable Laws; or which are inconsistent with standards, decisions or approvals provided by the
City under this Agreement. Consultant will use reasonable care and skill, in accordance and
consistent with customary professional standards, in responding to items identified by other
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reviewers in accordance with this subsection. Consultant shall receive comments from reviewers,
in writing, including, without limitation (and where applicable), via a set of marked-up drawings
and specifications. Consultant shall address comments fonrrrarded to it in a timely manner. The
term "timely" shall be defined to mean as soon as possible under the circumstances, taking into
account the timelines of the Project Schedule.
2.11 [ntentionallyOmitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service
which, under Florida Statutes, requires a license, certificate of authorization, or other form of legal
entitlement to practice and/or perform such Service(s), it shall employ and/or retain only qualified
duly licensed certified personnel to provide same.
213 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of
the first Notice to Proceed, a qualified licensed professional to serve as its project manager
(hereinafter referred to as the "Project Managed'). The Project Manager shall be authorized and
responsible to act on behalf of Consultant with respect to directing, coordinating and
administrating all aspects of the Services. Consultant's Project Manager (as well as any
replacement) shall be subject to the prior written approval of the City Manager or his designee
(who in this case shall be the Project Coordinator). Replacement (including reassignment) of an
approved Project Manager shall not be made without the prior written approval of the City
Manager or his designee (i.e. the Project Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice
from the City Manager or his designee (which notice shall state the cause therefore), to
promptly remove and replace a Project Manager, or any other personnel employed or
othenvise retained by Consultant for the Project ( including, without limitation, any sub-
consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any
non-public information concerning the Services or the Project, without the prior written consent of
the City Manager or his designee (who shall be the Project Coordinator), unless such disclosure
is incident to the proper performance of the Services; or the disclosure is required pursuant to
Florida Public Records laws; or, in the course of judicial proceedings, where such information has
been properly subpoenaed. Consultant shall also require its employees and sub-consultants to
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comply with this subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and
minor work task required to be performed by Consultant to complete the Project. lf, during the
course of performing of the Services, Consultant determines that work should be performed to
complete the Project which is, in the Consultant's reasonable opinion, outside the level of effort
originally anticipated in the Scope of Services, Consultant shall promptly notify the Project
Coordinator, in writing, and shall obtain the Project Coordinator's written consent before
proceeding with such work. lf Consultant proceeds with any such additional work without
obtaining the prior written consent of the Project Coordinator, said work shall be deemed to be
within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project
Coordinator shall not constitute authorization or approval by the City to perform such work.
Performance of any such work by Consultant without the prior written consent of the Project
Coordinator shall be undertaken at Consultant's sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and
records pertinent to the Services and shall provide the City, upon request, with copies of any and
all such documents and/or records. ln addition, Consultant shall provide electronic document files
to the City upon completion of the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be
deemed to relieve the Consultant of its professional duties and responsibilities under the Contract
Documents or under Applicable Laws.
2.18 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and
Chapter 100 of the City Code, as both may be amended from time to time, addressing applicable
Leadership in Energy and Environmental Design (LEED) compliance requirements.
2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be
consistent with those commitments made by the Consultant in its Proposal and during the
competitive solicitation selection process and interview. Such services shall be undertaken and
performed pursuant to appropriate written agreements between the Consultant and the sub-
consultants, which shall contain provisions that preserve and protect the rights of the City under
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this Agreement. Nothing contained in this Agreement shall create any contractual relationship
between the City and the sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written
approval of the City Manager, in response to a written request from the Consultant stating the
reasons for any proposed substitution. Any approval of a sub-consultant by the City Manager
shall not in any way shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant from the Consultant to the City. The quality of services
and acceptability to the City of the services performed by sub-consultants shall be the sole
responsibility of Consultant. The Consultant shall cause the names of sub-consultants
responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Prolect Coordinator, in writing, who shall be the City's
authorized representative to coordinate, direct, and review all matters related to this Agreement
and the Prolect during the design and construction of same (except unless othenruise expressly
provided in this Agreement or the Contract Documents). The Project Coordinator shall be
authorized (without limitation) to transmit instructions, receive information, and interpret and
define City policies and decisions with respect to the Services and the Project. However, the
Project Coordinator is not authorized to issue any verbal or written orders or instructions to
Consultant that would have the affect (or be interpreted as having the effect) of modifying or
changing, (in any way) the following:
a) the Scope of Services;
b) the time within which Consultant is obligated to commence and complete the Services;
or
c) the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its
possession pertinent to the Prolect. Consultant hereby agrees and acknowledges that, in making
any such information available to Consultant, the City makes no express or implied certification,
warranty, and/or representation as to the accuracy or completeness of such information. The
Consultant understands, and hereby agrees and acknowledges, that it is obligated to verify to the
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3.3
extent it deems necessary all information furnished by the City, and that it is solely responsible for
the accuracy and applicability of all such information used by Consultant. Such verification shall
include, without limitation, visual examination of existing conditions in all locations encompassed
by the Project, where such examination can be made without using destructive measures (i.e.
excavation or demolition). Survey information shall be spot checked to the extent that Consultant
has satisfied itself as to the reliability of the information.
! ntentionally Omittedl
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and
insurance counseling services for the Project (including, without limitation, auditing services to
verify the Consultant's applications for payment, or to ascertain that Consultant has properly
remitted payment due to its sub-consultants or vendors).
3.5 lf the City observes or otheruvise becomes aware of any fault or defect in the Project, or
non-conformance with the Contract Documents, the City, through the Project Coordinator, shall
give prompt written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity,
shall render any administrative approvals and decisions required under this Agreement, in writing,
as reasonably expeditious for the orderly progress of the Services and of the Work. No City
administrative (proprietary) approvals and/or decisions required under this Agreement shall be
unreasonably conditioned, withheld, or delayed; provided, however, that the City shall at all times
have the right to approve or reject any such requests for any reasonable basis.
3.7 The City Commission shall be the final authority to do or to approve the following actions
or conduct, by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where othenvise expressly noted in the Agreement or the Contract
Documents, the City Commission shall be the body to consider, comment upon, or
approve any amendments or modifications to this Agreement.
3.7.2 The City Commission shall be the body to consider, comment upon, or approve
any assignment, sale, transfer or subletting of this Agreement. Assignment and transfer
shall be defined to also include sale of the majority of the stock of a corporate
RFQ 20)5-)27-JR 4B
72
consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals
from administrative decisions of the City Manager or the Project Coordinator. ln such
cases, the Commission's decision shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Procurement Ordinance, as amended).
3.8 Except where othenivise expressly noted in this Agreement, the City Manager shall serve
as the City's primary representative to whom administrative (proprietary) requests for decisions
and approvals required hereunder by the City shall be made. Except where othenrvise expressly
noted in this Agreement or the Contract Documents, the City Manager shall issue decisions and
authorizations which may include, without limitation, proprietary review, approval, or comment
upon the schedules, plans, reports, estimates, contracts, and other documents submitted to the
City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the Project Manager
(and any replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary)
decisions on matters arising pursuant to this Agreement which are not othenryise
expressly provided for in this Agreement. ln his/her discretion, the City Manager may
also consult with the City Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not
required, to reallocate monies already budgeted toward payment of the Consultant;
provided, however, that the Consultant's compensation (or other budgets established
by this Agreement) may not be increased without the prior approval of the City
Commission, which approval (if granted at all) shall be in its sole and reasonable
discretion.
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3.8.4 flntentionally Omitted]
49
73
3.8.5 The City Manager may approve Contract Amendments which do not
exceed the sum of twenty five thousand dollars ($25,000.00) (or other such amount as
may be specified by the City of Miami Beach Purchasing Ordinance, as amended);
provided that no such amendments increase any of the budgets established by this
Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or
committees, or inquire of, or consult with, persons for the purpose of receiving advice
and recommendations relating to the exercise of the City's powers, duties, and
responsibilities under this Agreement or the Contract Documents.
3.8.7 The City Manager shall be the City Commission's authorized representative with
regard to acting on behalf of the City in the event of issuing any default notice(s) under
this Agreement, and, should such default remain uncured, in terminating the
Agreement (pursuant to and in accordance with Article 10 hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in
Schedule "D", attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared
by Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the
Construction Cost Budget, Statement of Probable Construction Cost, and any other cost
estimates prepared (or othenruise provided) by Consultant for the Project, represent Consultant's
best judgment as an experienced design professional familiar with the construction industry;
provided, however, that Consultant cannot (and does not) guarantee that bids or negotiated
prices will not vary from any estimates of Construction Cost or other cost evaluation(s) prepared
(or otheruvise provided) by Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be
exceeded without fully justifiable, extraordinary, and unforeseen circumstances (such as Force
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Majeure) which are beyond the control of the parties. Any expenditure above this amount shall be
subject to prior City Commission approval which, if granted at all, shall be at the sole and
reasonable discretion of the City Commission. The City Commission shall have no obligation to
approve an increase in the Construction Cost Budget and, if such budget is exceeded, the City
Commission may, at its sole and reasonable discretion, terminate this Agreement (and the
remaining Services) without any further liability to the City.
4.5 lf the lowest and best base bid exceeds the Construction Cost Budget by more than five
percent (5%), the City Commission may, at its sole option and discretion, elect any of the
following options: (1) approve an increase to the Construction Cost Budget; (2) reject all bids, and
(at its option) authorize rebidding of the Project; (3) abandon the Project and terminate the
remaining Services without any further liability to the City; (4) select as many Deductive
Alternatives as may be necessary to bring the lowest and best bid within the Construction Cost
Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost
Budget. ln the event the City elects to reduce the Project Scope, the Consultant shall provide any
required revisions to the Contract Documents (including, without limitation, the Construction
Documents), and provide re-bidding services, as many times as reasonably requested by the
City, at no additional cost to the City, in order to bring any resulting, responsive and
responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written
authorization by the Project Coordinator (which authorization must be obtained prior to
commencement of any such additional work by Consultant). The written authorization shall
contain a description of the Additional Services required; an hourly fee (in accordance with the
rates in Schedule "C" hereto), with a "Not to Exceed" amount; Reimbursable Expenses (if any)
with a "Not to Exceed" amount; the amended Construction Cost Budget (if applicable); the time
required to complete the Additional Services; and an amended Project Schedule (if applicable).
"Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant
shall not exceed without further written authorization of the Project Coordinator. The "Not to
Exceed" amount is not a guaranteed maximum cost for the additional work requested (or, in the
case of Reimbursable, for the expenses), and all costs applicable to same shall be verifiable
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5.2
through time sheets (and, for Reimbursable, expense reviews).
5.2.3
Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent
circumstances and causes which do not currently exist, or which are not contemplated
by the parties at the time of execution of this Agreement (excluding circumstances and
causes resulting from error, omission, inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing,
arbitration proceeding, or legal proceeding, unless the subject matter at issue has
arisen from the error omission, inadvertence, or negligence of Consultant.
I ntentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts
(except for Contract Document revisions and re-bidding services required under
Section 4.5 hereof, which shall be provided at no additional cost to City).
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual
expenditures made by the Consultant in the interest of the Project. The Reimbursable Expenses
allowance, as specified in Schedule "8" hereto, belongs to, and shall be controlled by, the City.
Any money not directed to be used by City for Reimbursable Expenses shall remain with the City
(i.e. unused portions will not be paid to Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized,
in advance, in writing, by the Project Coordinator. lnvoices or vouchers for Reimbursable
Expenses shall be submitted to the Prolect Coordinator (along with any supporting receipts and
other back-up material requested by the Project Coordinator). Consultant shall certify as to each
such invoice and/or voucher that the amounts and items claimed as reimbursable are "true and
correct and in accordance with the Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
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6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans,
specifications, and other Project documents (excluding reproductions for the office use
of the Consultant and its sub-consultants, and courier, postage and handling costs
between the Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having
jurisdiction over the Project (i.e. City permit fees).
ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be XXXXXXXX, with a
Reimbursable Expenses allowance of XXXXXXXX.
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and
approval of an acceptable invoice by the Project Coordinator. Payments shall be made in
proportion to the Services satisfactorily performed, so that the payments for Services never
exceed the progress percentage noted in the Consultant's Progress Schedule (to be submitted
with each invoice). No mark-up shall be allowed on subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates
set forth in Schedul€ "C," attached hereto. Any request for payment of Additional Services shall
be included with a Consultant payment request. No mark-up shall be allowed on Additional
Services (whether sub-contracted or not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to
the "Not to Exceed" Reimbursable allowance amount in Schedule "8" hereto. Any request for
payment of Reimbursable Expenses shall also be included with Consultant's payment request.
No mark-up shall be allowed on Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive
approved and executed by the City Manager, adjust the fees included in the Hourly Billing Rate
Schedule in Schedule "C" hereto, to reflect the change in the Consumer Price lndex (CPl) on a
RFa 20)5127)R 53
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year to year basis. Such adjustment will be based on the cumulative change of the CPI for the
Miami urban area, provided that in no event shall any the annual increase exceed three percent
(3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums
withheld by the City on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator
in a timely manner, but no more than once on a monthly basis. Invoices shall identify the nature
and extent of the work performed; the total hours of work performed by employee category; and
the respective hourly billing rate associated therewith. ln the event sub-consultant work is used,
the percentage of completion shall be identified. lnvoices shall also itemize and summarize any
Additional Services and/or Reimbursable Expenses. A copy of the written approval of the Project
Coordinator for the requested Additional Service(s) or Reimbursable Expense(s) shall accompany
the invoice.
7.7.1 lf requested, Consultant shall provide back-up for past and current invoices that
records hours for all work (by employee category), and cost itemizations for Reimbursable
Expenses (by category).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and
approval of an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior
written approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACGOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or otherwise), correspondence, technical documents,
and any other records or documents related to the Services and/or Project will be available for
examination and audit by the City Manager, or his/her authorized representatives, at Consultant's
office (at the address designated in Article 15 ["Notices"]), during customary business hours. All
such records shall be kept at least for a period of three (3) years after Consultant's completion of
the Services. lncomplete or incorrect entries in such records and accounts relating personnel
services and expenses may be grounds for City's disallowance of any fees or expenses based
RrQ 20 t 5- t'2/7R 54
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upon such entries. Consultant shall also bind its sub-consultants to the requirements of this
Article and ensure compliance therewith
9.1
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
All notes, correspondence, documents, plans and specifications, designs, drawings,
renderings, calculations, specifications, models, photographs, reports, surveys, investigations,
and any other documents (whether completed or partially completed) and copyrights thereto for
Services performed or produced in the performance of this Agreement, or related to the Project,
whether in paper or other hard copy medium or in electronic medium, except with respect to
copyrighted standard details and designs owned by the Consultant or owned by a third party and
licensed to the Consultant for use and reproduction, shall become the property of the City.
Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of the Services (or within thirty (30) days of expiration or earlier termination of this
Agreement as the case may be). However, the City may grant an exclusive license of the
copyright to the Consultant for reusing and reproducing copyrighted materials or portions thereof
as authorized by the City Manager in advance and in writing, ln addition, the Consultant shall not
disclose, release, or make available any document to any third party without prior written approval
from the City Manager. The Consultant shall warrant to the City that it has been granted a
license to use and reproduce any standard details and designs owned by a third party and used
or reproduced by the Consultant in the performance of this Agreement. Nothing contained herein
shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above
subject to prior written approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to
adapt copyrighted material for additional or other work for the City; however, payment to the
Consultant for such adaptations will be limited to an amount not greater than 50% of the original
fee earned to adapt the original copyrighted material to a new site.
9.4 The City shall have the right to modify the Project or any components thereof
without permission from the Consultant or without any additional compensation to the Consultant.
The Consultant shall be released from any liability resulting from such modification.
RFQ 20)5-)27-JR 55
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9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for
re-use of plans and specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject
to the appropriation of funds by its legislative body in an amount sufficient to allow continuation of
its performance in accordance with the terms and conditions of this Agreement. ln the event there
is a lack of adequate funding either for the Services or the Project (or both), the City may
terminate this Agreement without further liability to the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this
Agreement for cause, upon written notice to Consultant, in the event that the Consultant (1)
violates any provision of this Agreement or performs same in bad faith; (2) unreasonably delays
the performance of the Services or any portion thereof; or (3) does not perform the Services or
any portion thereof in a timely and satisfactory manner. ln the case of termination for cause by
the City, the Consultant shall first be granted a thirty (30) day cure period (commencing upon
receipt of the initial written notice of default from the City).
10.2.1 ln the event this Agreement is terminated for cause by the City, the City, at
its sole option and discretion, may take over the remaining Services and complete them
by contracting with another consultant(s), or othenruise. The Consultant shall be liable to
the City for any additional cost(s) incurred by the City due to such termination.
"Additional Cost" is defined as the difference between the actual cost of completion of
the Services, and the cost of completion of such Services had the Agreement not been
terminated.
10.2.2 ln the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of
termination (as such date is set forth in, or can be calculated from, the City's initial
written default notice). Upon payment of any amount which may be due to Consultant
pursuant to this subsection 10.2.2, the City shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to
Consultant under subsection 10.2.2, the Consultant shall promptly assemble and deliver
RFQ 20)5 )ZAR 56
80
to the Project Coordinator any and all Project documents prepared (or caused to be
prepared) by Consultant(including, without limitation, those referenced in subsection 9.1
hereof). The City shall not be responsible for any cost incurred by Consultant for
assembly, copy, and/or delivery of Project documents pursuant to this subsection.
10.3 TERMINATION FOR CONVENIENCE: ln addition to the City's right to terminate for cause,
the City through the City Manager, may also terminate this Agreement, upon fourteen (14) days
prior written notice to Consultant, for convenience, without cause, and without penalty, when (in
its sole discretion) it deems such termination to be in the best interest of the City. ln the event the
City terminates the Agreement for convenience, Consultant shall be compensated for all Services
satisfactorily performed and accepted up to the termination date (as set forth in the City's written
notice), and for Consultant's costs in assembly and delivery to the Project Coordinator of the
Project documents (referenced in subsection 10.2.3 above). Upon payment of any amount which
may be due to Consultant pursuant this subsection 10.3, the City shall have no further liability to
Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement
for cause, upon thirty (30) days prior written notice to the City, in the event that the City willfully
violates any provisions of this Agreement or unreasonably delays payment of the Services or any
portion thereof. ln the event of a termination for cause by Consultant, the City shall pay
Consultant for any Services satisfactorily performed and accepted up to the date of termination;
provided, however, that the City shall first be granted a thirty (30) day cure period (commencing
upon receipt of Consultant's initial written notice).
10.4.1The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause
or for convenience), the Consultant shall immediately, upon receipt of the City's written notice of
termination: (1) stop the performance of Services; (2) place no further orders or issue any other
subcontracts, except for those which may have already been approved, in writing, by the Project
Coordinator; (3) terminate all existing orders and subcontracts; and (4) promptly assemble all
Project documents (for delivery to the Project Coordinator).
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ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following
required insurance coverage in full force and effect. The Consultant shall not commence any
work until satisfactory proof of all required insurance coverage has been furnished to the Project
Coordinator:
(a) Professional Liability lnsurance, in the amount of one million dollars
($1,000,000.00), per occurrence, with a maximum deductible of $150,000 per occurrence,
$450,000 aggregate. Consultant shall notify the Project Coordinator, in writing, within thirty
(30) days of any claims filed or made against its Professional Liability lnsurance policy.
(b) Comprehensive General Liability lnsurance, in the amount of one million dollars
($1,000,000.00), Single Limit Bodily lnjury and Property Damage coverage, for each
occurrence, which shall include products, completed operations, and contractual liability
coverage. The City of Miami Beach, Florida must be named as an additional insured on
this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits
required under Florida law.
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written
notice of cancellation or of substantial modifications in any required insurance coverage. All
certificates and endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its
equivalent, according to Bests' Guide Rating Book, and by insurance companies duly authorized
to do business in the State of Florida, and countersigned by the company's Florida resident
agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all
required insurance policies. The City reserves the right to require a certified copy of such policies,
upon written request to Consultant.
RFQ 20)5-127-JR 5B
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ARTICLE 12. INDEMNIFICATION AND HOLD HARMLESS
Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and
hold harmless the City and its officers, employees, agents, and instrumentalities, from liabilities,
damages, losses, and costs, including, but not limited to, reasonable attorneys'fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and
other persons employed or utilized by the Consultant in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and
defend all claims, suits, or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which
may issue thereon. Consultant expressly understands and agrees that any insurance protection
required by this Agreement or othenruise provided by Consultant shall in no way limit its
responsibility to indemnify, keep, and save harmless and defend the City or its officers,
employees, agents, and instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or
responsible for any claims which may result from any negligent, reckless, or intentionally wrongful
actions, errors or omissions of the Consultant in which the City participated either through review
or concurrence of the Consultant's actions. ln reviewing, approving or rejecting any submissions
by the Contractor, or other acts of the Consultant, the City in no way assumes or shares any
responsibility or liability of the Consultant (including, without limitation its sub-consultants and/or
any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS:It is specifically agreed that any construction
changes categorized by the City as caused by an error, an omission, or any combination thereof
in the Contract Documents that were prepared by the Consultant will constitute an additional cost
to the City that would not have been incurred without the error. The damages to the City for
errors, omissions or any combinations thereof shall be calculated as the total cost of any
damages or incremental costs to the City resulting out of the errors or omissions by the
Consultant.
12.1
RFQ 2015-127-JR 59
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Damages shall include delay damages caused by the error, omission, or any combination thereof.
Should the Consultant disagree that all or part of such damages are the result of errors,
omissions, or any combination thereof, the Consultant may appeal this determination, in writing,
to the City's Capital lmprovement Projects Director (the Director). The Director's decision on all
claims, questions and disputes shall be final, conclusive and binding upon the parties hereto
unless such determination is clearly arbitrary or unreasonable. ln the event that the Consultant
does not agree with the decision of the Director, the Consultant shall present any such objections,
in writing, to the City Manager. The Director and the Consultant shall abide by the decision of the
City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a
court of competent jurisdiction after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its
liability for any cause of action for money damages due to an alleged breach by the City of this
Agreement, so that its liability for any such breach never exceeds the "not to exceed" amount of
the fee paid to Consultant under this Agreement, less any amount(s) actually paid to Consultant
hereunder. Consultant hereby expresses its willingness to enter into this Agreement, with
Consultant's recovery from the City for any damages for action for breach of contract to be limited
to Consultant's "not to exceed" fee under this Agreement, less any amount(s) actually paid by the
City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant
hereby agrees that the City shall not be liable to Consultant for money damages due to an
alleged breach by the City of this Agreement, in an amount in excess of the "not to exceed
amount" of Consultant's fees under this Agreement, which amount shall be reduced by any
amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to
be a waiver of the limitation placed upon City's liability, as set forth in Section 768.28, Florida
Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
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City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXX
With a copy to:
Capital lmprovement Projects Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: XXXXXXXXXXXXXX
All written notices given to the Consultant from the City shall be addressed to:
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
XXXXXXXXXXXXXXX
Attn: XXXXXXXXXXX
AII notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified
mail, return receipt requested.
ARTICLE 16. MISCELLANEOUS PROVISIONS
VENUE: This Agreement shall be governed by, and construed in accordance
with, the laws of the State of Florida, both substantive and remedial, without regard to principles
of conflict of laws. The exclusive venue for any litigation arising out of this Agreement shall be
Miami-Dade County, Florida, if in state court, and the U.S. District Court, Southern District of
F|orida, in federal court. BY ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
6l
16.1
RFA 2015-)27-JR
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CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will
not discriminate against any employee or applicant for employment for work under this
Agreement because of race, color, national origin, religion, sex, gender identity, sexual
orientation, disability, marital or familial status, or age, and will take affirmative steps to ensure
that applicants are employed and employees are treated during employment without regard to
race, color, national origin, religion, sex, gender identity, sexual orientation, disability, marital or
familial status, or age.
16.3 PUBLIC ENTITY CRIMES AGT: ln accordance with the Public Entity Crimes Act (Section
287.133, Florida Statutes), a person or affiliate who is a consultant, who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to the City, may not submit a bid on a contract with the
City for the construction or repair of a public building or public work, may not bid on leases of real
property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor,
or sub consultant under a contract with the City, and may not transact business with the City in
excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two,
for a period of 36 months from the date of being placed on the convicted vendor list. For violation
of this subsection by Consultant, City shall have the right to terminate the Agreement without any
liability to City, and pursue debarment of Consultant
16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for Consultant, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other than a bona fide employee working solely for Consultant, any
fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of this subsection, City shall have
the right to terminate the Agreement, without any liability or, at its discretion, to deduct from the
contract price (or otherwise recover) the full amount of such fee, commission, percentage, gift, or
consideration.
16.5 LAWS AND REGULATIONS:
16.5.1 The Consultant shall, during the Term of this Agreement, be governed by Federal, State,
RFa 2015-127-)R A'
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Miami-Dade County, and City laws, ordinances, and codes which may have a bearing on
the Services involved in the Project.
16.5.2Proiect Documents. ln accordance with Section 119.07 (3) (ee), Florida Statutes,
entitled "lnspection, Examination, and Duplication of Records; Exemptions," all building
plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final
formats, are exempt from the provisions of Section 1'19.07(1), Florida Statutes (inspection
and copying of public records), and s. 24(a), Article I of the State Constitution.
lnformation made exempt by this paragraph, with prior written approval from the City
Manager, may be disclosed to another entity to perform its duties and responsibilities; to a
licensed architect, engineer, or contractor who is performing work on or related to the
Project; or upon a showing of good cause before a court of competent jurisdiction. The
entities or persons receiving such information shall maintain the exempt status of the
information.
16.5.2.1 ln addition to the requirements in this subsection 16.5.2, the
Consultant agrees to abide by all applicable Federal, State, and City procedures,
as may be amended from time to time, by which the documents are handled,
copied, and distributed which may include, but is not limited to, each employee of
Consultant and sub-consultants that will be involved in the Project being required
to sign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2 The Consultant and its sub-consultants agree in writing that the
Project documents are to be kept and maintained in a secure location.
16.5.2.3 Each set of the Project documents are to be numbered and the
whereabouts of the documents shall be tracked at all times.
16.5.2.4 A log is developed to track each set of documents logging in the
date, time, and name of the individual(s) that work on or view the documents.
CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare,
without added compensation, all necessary supplemental documents to correct errors, omissions,
and/or ambiguities which may exist in the Contract Documents prepared by Consultant, including
16.6
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documents prepared by its sub-consultants. Compliance with this subsection shall not be
construed to relieve the Consultant from any liability resulting from any such errors, omissions,
and/or ambiguities in the Contract Documents and other documents or Services related thereto.
16.7 WARRANTY:
under this Agreement shall
profession in the State of
commercial facilities.
The Consultant warrants that the Services furnished to the City
conform to the quality expected of and usually provided by the
Florida applicable to the design and construction of public and
16.8 NON-EXCLUSIVITY: Notwithstanding any provision of this non-exclusive
Agreement, the City is not precluded from retaining or utilizing any other architect, engineer,
design professional or other consultant to perform any incidental Basic Services, Additional
Services, or other professional services within the contract limits defined in the Agreement. The
Consultant shall have no claim against the City as a result of the City electing to retain or utilize
such other architect, engineer, design professional, or other consultant to perform any such
incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this
Agreement to any other person, firm, association or corporation, in whole or in part, without the
prior written consent of the City Commission, which consent, if given at all, shall be at the
Commission's sole option and discretion. However, the Consultant will be permitted to cause
portions of the Services to be performed by sub-consultants, subject to the prior written approval
of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself,
his/her partners, successors, legal representatives and assigns to the other party of the
Agreement and to the partners, successors, legal representatives, and assigns of such party in
respect to all covenants of this Agreement. The Consultant shall afford the City (through the City
Commission) the opportunity to approve or reject all proposed assignees, successors or other
changes in the ownership structure and composition of the Consultant. Failure to do so
constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NEGESSARY TO COMPLETE SERVICES: ln the performance
of the Services prescribed herein, it shall be the responsibility of the Consultant to provide all
salaries, wages, materials, equipment, sub-consultants, and other purchased services, etc., as
RFa 20)5-127-)R 64
88
necessary to complete said Services.
16.12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and
to include all necessary items for the proper completion of such services for a fully functional
Project which, when constructed in accordance with the design, will be able to be used by the
City for its intended purpose. The Consultant shall perform, as Basic Services, such incidental
work which may not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to
a third party beneficiary, to any person, nor does it authorize anyone not a party to the
Agreement to maintain a suit for personal injuries, professional liability, or property damage
pursuant to the terms or provisions of the Agreement.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any
provisions hereof or of any power or right herein reserved to the City or of any rights to
damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained
herein; and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained
in this document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements whether oral
or written. lt is further agreed that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless memorialized in written
document approval and executed with the same formality and of equal dignity herewith.
RFa 20)5127-JR 65
89
lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be
signed in their names by their duly authorized officers and principals, attested by their respective
witnesses and City Clerk on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
CITY CLERK MAYOR
CONS U LTANT: )fiXXXXXXXXXXXXX
Attest
Signature/Secretary Signature/President
Print Name Print Name
F:\PURC\$ALL\Solicitations\2}15\2015-127-JR (RFO) Middle Beach Recreational Corridor Phase lll\03 - Solicitation\01 - DRAFTS\RFQ 2015
MBRC - Phase lll.doc
RFQ 2015-)271R 66
90
SCHEDULE A
SGOPE OF SERVICES
KrQ 2U t 5- t'2/)R 67
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SCHEDULE B
CONSULTANT COM PENSATION
Schedule of Payments
Planning Services *
Design Services*
Bidding and Award Services
Gonstruction Administration *
Reimbursable Allowance***
$ 0.00
$xxxxxxxx
$xxxxxxxx
$xxxxxxxx
$xxxxxxxx
Historic Preservation Board / Design Review Board (if required) $ 0.00
Note*: These services will be paid lump sum based on percentage complete of each phase as
identified in the individual tasks.
Note**: Construction Administration will be paid on a monthly basis upon commencement of
construction.
ln the event that, through no fault of the Consultant, Construction Administration services are
required to be extended, which extension shall be subject to prior City approval, and what shall
be at the City's sole discretion, the Consultant agrees to extend said services for $XXXXXX, per
month, for the duration required to complete the Project.
Note***: The Reimbursable Allowance belongs to the City and must be approved in writing, in
advance, by the Project Coordinator. Unused portions will not be paid to the Consultant.
6BRr-Q 20 t 5- t'2/lR
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SCHEDULE C
HOURLY BILLING RATE SCHEDULE
69
93
. SCHEDULE D
COSTRUCTION COST BUDGET
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SCHEDULE E
PROJECT SCHEDULE
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SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
RFQ 2015 )27)R 7-/^a
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SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFF!DAVITS.
RFQ 2U t 5- 1'.2/lR 7'1
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SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
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APPENDIX G
MIAMIBEACH
lnter-loco! Agreement
MPO ond Miomi Beoch
RFQ No.20l 5-127-JR
Middle Beoch Recreotionol Corridor
(MBRC)
DEPARTMENT OF PROCU REMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33,l39
RrQ 20 t 5- t'2/1R 75
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M ETROPOLIT.AN PLANNiNG ORGANIZATION
{MPol
111 N,W. I STREEI, SUtTt 920
MlAMt, FtoRIOA 33128-1904
(305137s{so7
www.rniamldade; gbv/mpo
September 17,2014
Ms., Judy M. Hoanshelt
Grants Manager
City of MiamiBeach
1700 Convention Centef Drive
Miarni Behch, FL 33J39
Re: Notice to Proceed Letter
Dear Ms. Hoanshelt:
Enclosed is one orlginallnterlooal Agreement awarding the Cityof Miami Beaeh up to
$40,000 to conduct the Miami Beach BoardwalUBeachwalk Feasibility Stridy (Convbrslon
Projeet). The agteementexpires on September 30,,2015. I look forward to working with
you and your staff ort this very important project. Cal! me at (Q05) 375-1837 or by email at
opc@miamidade.gov if Srou have any quesfions,
OsDar Cameio
Finance Manager
Miami-Dade MPO
Enclosure
MPOS4/IIPIMFFY 20I5MGP NTPMiami Beac[r BdardwalkBeachwalk Conierdiqn Project
RFQ 20ls-127-JR 76
100
INTERLOCAL AGREE,MENT
II{IS AOREEMENI, ntade aud entered into t}is 17!n day of Septenber . Z074,by
'and between the Mimi-Dade Metropofitan Plmning Orgmizatior (MPO), heroinaftsr'called.ths
MPO and the ,City of Miaml Beach,hereinafter s allei,' Mlami tseach.
That the MPO and Miumi Beach have detennined to Jointly ftud the Miami Beach
Boardwalk/Beaihwalk Feasibilitv Studv (Gonvercion Pro:iecil and that Miami Beach bas
deternrined fo provide the services fcir zuch study and its share of the costs.thereof as provided
6elow.
WITNE S SETH:
ARTICLE 1,00r T1ne IUPO does hereby retaih Miami Beach 1o provide the serviceg forthe
Mfumi Beach BoardwalVBeachwalk Feasibttttv Stuitv (gonl,version Pruiectl, which services
are d.gsoribed iE Exhi-bit "A": 'iscope of Serviceq"i.and Bxhibit uBr' nTentatiy. Project:schedulei'.
The,parties :further agee that fhe project costs are provided in Exhibit i'C'i' "Pf,oj@t Cost." In
addition, the E-Veriff Certification provided in Exhibit 1D" must be signed by the recipient The
referenced exhibits are:attached herefo aud made put hereof as though fuIly reoited herein.
Article 16.00 goveins each party's obligatioiu for its ponion of the Project CosL
ARITCLE 2,00.' 'The MPO and Mihmi Beacfi mutually agree to furnish, each to the otlet, the
respootive services, infonnatio:r aud iterib as described in Exhibit'!{." Sco,pe of Sinvicss, n*ritit
'18" Tentative Project Schedule, Exhibit "C'r Projeci Cost and ExhibitrD't E-Verify Certification;
The MPO agrees tO nmish ltriiamt Befic-h and its duly designated representativest information
including, but not limited to, existing data and projects related to the sfudy area which may be
available in othq governmental ofiices. Mtami Beach agrees to perform or cause to be
performed, in a timely and professioaal thanner, the work elerhents set forrh in the above"
eoumerated Exhibits, in.accordance with the Schedule set f6dh iu Exhibit 'B'.
RFQ 2015-127JR 77
101
Before initiating the woik described iI1 Exhibits rr4rr, rgir and "C!1, the MPO Director or his
designee shall exeeute.and issue Midrui Beach a Notice-to-Proceed with the work described in
said Exhibits, such work to constitute performance of the lttami Beach BoailwalUBeachwalk
FeasibiW Siltih'(Cdnviriian Proieat) as set forth in said Exhibits.
ARffCLE 3.00: T\e services,to be renderedby Mantl Bmch shall be eommenced zubsequeqt
to tle execution and issuanee of the Notice-to-Proceed and shall be completed vitbtntwelve (12)
ranth s' from'ttre date of exeoutio:r an-d issuance o f the No tice-to.ko qeed.
{RTICLE 4i00: Miami Beuqh :agtreeg to provide Projeot Sohedule progress reports on a
quarrerh'basis a[d'iu a fornrat acceptrible to the MPO Directof. The MPO DircEtor shall. be
entitled'at all times to be advised, rit his requesl as to tte statu of work being'done by Miami
Beachand of the details thereof, ,Coordinatioa sbafl be maiatainedby Miomi Beuah with
represontatives' bf ths MPO. Bittrer parties 1o the agreemenf m4y request and be .granted a
conference.
ARTICLE 5.00; Inthe event flrere are delays on thepart of the IdPO as to the approval of any of
the materials Submitted by Miami Beach.ort if there are delays occasioned by circumstances
beyond the cOntrol of Miami Beach which dblay the Project Schedule completiop date, fte MPO.
Director or his designee may glant lkliami Beaeh,by a letter alr extension of the couhact time,
equal to the aforementio4ed detays, provided there are no changes iu compensatiog or pcqpe of
work.
'It 6hatl be the:resporisibility of Mianti ilench to eiuure at trll 6mes tlut sufficient contract time
remaini witilin which to complete servibes on the projbct aliil each major Task Crtoup as
designated with roman nqmerals on tle Exhibits, In the event"thors have, been delaSrs which
wciuld affeot thE project completion date or the completion date of anyuqior fask Gtoup, iltiami
Beach shall submit a written reguest to the MPO Director or hls designee twenty Q0) drys pt'lor
to tllre schedule conipletion date @ich ideutifles the re-asou(g) fot the delay and'tho'amouut of
tinie related to each reason- Thg MPO Direcfor or his designee will review the toquest and make
.I,iPO54/UPWP Z0I5/&ICPFt 2015 Miaoi BoEch IrtErlqcal Agccmcot
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78
102
Scheduled completion dates shall be determined by the elapsed times shown in Exhibit "B" and
the issue date of the Notice-to-Proceed.
In the event conftact time expires ard Miami Beachhas not requested, or if the MPO Director or
($lesignee has denied an extension of the completion date, partial progress payments will be
stopped on the date time expires. No further pa)4rent for the project will be made until a time
extension is granted or all work has been completed and accepted by the MPO Director or his
designee.
ARTICLE 6.00: Miami Beach shall maintain an adequate and competent professional staff and
may associate with it for the purpose of its services hereunder, without additional cost to the
MPO, other than those costs negotiated within the limits and terms of this Agreement and upon
approval by the MPO Director, zuch specialists as Miami Beach may consider necessaly.
ARTICLE 7.00: The MPO shall not be liable for use by the Miami Beaci of plans, documents,
studies or other data for any pu{pose other than intended by the temrs of this Agreement.
ARTICLE 8.00: Nl tracings, plans, specifications, maps, and/or reports prepared or obtained
under this Agreement shall be considered research and shall become the property of the MPO
without restriction or limitation on their'use; and shall be made available, upon request, to the
MPO at any time. Copies of these documents and records shall be fumished to the MPO upon
request, verbal or written, allowing reasonable time for the production of such copies.
SaB-ARTICLE 8.f0.' Records of costs incurred by Miami Beach and all sub-consultants
performing work on the project, and all other records of Miami Beach and sub-consultants
considered necessary by the MPO for proper audit of project costs, shall be firnrished to the
MPO uponrequest.
Whenever favel costs are included in the performance of services set forth in Exhibits rrArr, rrBrr
and "C", the provisions of Metropolitan Miami-Dade County Administative Order 6-1, shall
govern or Flnrida Stataes, whichever is more restrictive.
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MPOS4/IIPWP 2015/MGP FY 2015 Miatni Beach Intcrlocal Agreemont
RFQ 2015-127-JR 79
103
Miami Beuch shall allow public access to all documents, papers, letters, or other material zubject
to the provisions of Chapter ll9, Florida Statutes, arld made or received by Miami Beach in
conjunction with this Agreement. Failure by Miami Beach to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the MPO Director.
ARTICLE 9.00: Miami Beach shall comply with all federal, state, and local laws and
ordinances applicable to the work orpaynent for work thereof, and shall not discriminate on the
grounds of race, color, religion, se)q or national origin in the performance or work under this
contract.
SUB-ARTICLE 9.10: OnJatruary 4,201L, GovernorRick Scott signed Executive OrderNumber
11-02 relating to verification of employment status (the *Ordet'). The Order directs all agencies
under the direction of the Governor to include as a condition of all state contracts a requirement
that the contracting party utilize the U.S. E-Verify system to 'teriff the employment of: (a) all
percons employed during the contract terur by the conhactor to perform work pursuant to the
contract with the state agency". Miami Beach agrees to comply with the requirements of the
Order and execute Exhibit "D".
ARTICLE 10.00: The MPO agrees to pay Miami Beach compensation as per Article 16.00 of
this Agreement and Exhibits rrAr, rrBrr and "C", attached hereto and made a part hereof.
ARTICLE 11.00: The MPO Director may terminate this Agreement in whole or in part at any
time the interest of the MPO requires such tennination.
SUB-ARTICLE 11.10: If the MPO Director determines that the perforrrance of Miami Beach
is not satisfactory, the MPO Director shall have the option of (a) irnmediately tenninating the
Agreement or (b) notiffing Miami Beach of the deficiency with a requirement that the
deficiency be corrected within a specified time, otherwise the Agreement will be terminated at
the end of such time.
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MPOS4ruPWP 2Ol 5 IGP Fy 20 15 Miami Beach Interlocal Agrcement
RFQ 2015-127-JR 80
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SUB-ARTICLE 11.20: If the MPO Director requires termination of the Agreement for reasons
other than unsatisfactory performance of Miami Beach, the MPO Director shall notiff Miami
Beach of zuch termination, with instructions as to the effective date of termination or specify the
stage of work at which the Agreoment is to be tenninated.
SUB-ARTICLE 11.30: If the Agreement is terminated before performance is completed , Miami
Beach shall be paid for the work satisfactorily perfomred. Payment is not to exceed the prorated
amount of the total share of the project costs to be paid by MPO as provided in Article 16.00
agreement amouat based on work satisfactorily completed. Such determination shall be based
and calculated upon a percentage allocation of total project cost, by major Task Group.
ARTICLE 12.00: Nl words used herein in the singular form shall extend to and include the
plural. All words used in the plural form shall extend to and include the singular. All words
used in any gender shall extend to and include all genders.
ARTICLE 13.00: Miami Beach warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Miami Beach, to solicit or secure
this Agreement, and that it has not paid or agreed to pay any perso& company, corporatiorq
individual or firm any fee, commission, percentage, gift or any other consideration, contingent
upon or resulting from the award or making of this Agreement. It is understood and agreed that
the term "fee" shall also include brokerage fee, however denoted.
SAB-ARTICLE 13.10: For ttre breach or violation of Article 13.00, the MPO Director shall
have the right to terrninate this Agreement without liability, and, at its discretion, to deduct from
the contract price, or otherwise recover, the full amount of such feg commission, percentage, gift
or consideration.
ARTICLE L4.00: Miami Beach agrees that it shall make no statements, press releases or
publicity releases conceming this Agreement or its zubject matter or otherwise disclose or permit
to be disclosed any of the data or other information obtained or fumished in cornpliance with this
Agreement, or any particulars thereof, during the period of this Agreement, without fu'st
Page 5
MPOS4/LJPWP 2015/MGP FY 2015 Miami Beach loterlocal Agreerrent
RFQ 2015-127-JR 81
105
notifying the MPO Director or his designee and securing its consent. Miani Beach also agrees
that it shall not copyrght or patent any of the data and/or infomration furnished in compliance
with this Agreement, it being understood that, under Article 8.00 hereof, such data or
information is the property of the MPO. This Section shall not be construed to limit or restict
public access to documents, papers, letters or other material pursuant to Article 8.10 of this
Agreement.
ARTICLE 15.00: T\e MPO shall not expend money, incur any liability, or enter into any
contract whiclq by its tenns, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure. Any contract, verbal or written, made in violation of this
subsection shall be null and void, and no money shall be paid on such contract.
ARTICLE 16.00: Paymerfi of project costs - It is mutually agreed and understood that the
Project Costs shall be as provided in Exhibit C. MPO shalTpay Miami Beach 80% of such
Project Costs. Miami Beach shall be responsible for the remaining Costs. Miami Betch shall
invoice MPO quarterly for MPO's share of Project Costs in a format acceptable to the MPO
Director or his designee and shall be paid therefore on a percentage of completion basis for each
Task described in the Notice-to-Proceed executed in accordance with Article 2.00. Mis,mi
Beach shall invoice 100% of the MPO's share of the Project Cost upon gsmpletion of all Task
Orders, as indicated under'Exhibit "A". The total compensation to be paid by the MPO to Miami
Beach hereunder shall not exceed $40,000.
SUB-ARTICLE 16.10: By executing this agreement Miami Beach commits to fund the 20%
local share minimum of this agreement as specified in Exhibit C.
SUB-ARTICLE 16.20: It is agreed that said cornpensation provided in Article 16.00 hereof
shall be adjusted to exclude any significant sums where the MPO Direotor shall determine that
reported costs by Miami Beach reflect inaccurate, incomplete or non-current costs. AII such
adjustments shall be made within 60 days following the end of the Agreement, For purpose of
this Agreernent, the end of the Agreement shall be deemed to be the date of final billing or
acceptance of ttre work by the MPO Director or his designee, whichever is later.
Page 6
MPO54ruPW? 2015/MGP FY 2015 Miami Beach tnterlocat Agreenent
RFQ 2015-127-JR 82
106
ARTICLE 17.00: Standads of Conduct - Conflict of Interest - Miami Beach covenants and
agrees that it and its employees shall be bound by the standards ofconductprovided in Florida
Statutes 1,12.313 as it relates to work performed under this Agreement, which standards will be
referred and made a part of this Agreement as though set forlh in full. Miami Beach agrees to
incorporate the provisions of this article in any subconffact into which it might enter with
reference to the work performed.
ARTICLE 18.00: The MPO Director reserves the right to cancel and terminate this Agreement
in the event Miami Beach or any employee, servant, or agent of Miami Beach is indicted or has
direct information issued against him for any crime arising out of or in conjunction with any
work being performed by Miami Beach for or on behalf of the MPO, without penalty. It is
understood and agreed that in the event of such termination, all tracings, plans, qpecifications,
maps, and data prepared or obtained under this Agreement shall immediately be tumed over to
the MPO Director in conformity with the provisions of Article 8.00 hereof. Miami Beach shall
be compensated for its services rendered up to the time of any zuch terrrination in accordance
with Article I 1.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included within
Florida Statutes Section 768.28, Miami Beach shall indemnify and save harmless the MPO
from any and all claims, liability, losses and causes of action arising out of Miami Beach'
negligence or other wrongful acts in the performance of this agreement. However, nothing
herein shall be deemed to indemniff the MPO for any liability or claims arising out of the
negligence, performance, or lack of perfonnance of the MPO.
To the extent permitted by law, and subject to the limitations included within Florida Statutes
Section 768.28, the MPO shall indemnifr and save hannless Miami Beach from any and all
claims, liability, losses and causes of action arising out of the MPO's negligence or other
wrongfirl acts in the performance of this agreement. However, nothing herein shall be deemed to
ndemnrfy Miami Beach for any liability or claims arising out to the negligence, perfonnance, or
lack ofperforrnance of Miami Beach.
Page 7
MPO54/U?WP 20l5lMGP FY 2015 Miemi Beach Intedocal Agrcement
RFQ 2015-127-JR 83
107
ARTICLE 20.00: Thrs Agreement shall
laws of the State of Florida.
ARTICLE 21.00:
Attachments:
Exhibit "A", Scope of Services
Exhibit "8", Project Schedule
Exhibit "C", Project Budget
Exhibit "D ", E-Verify Certification
be governed by and construed in accordance with the
No alteration, change or modification of the terms of this Agreement shall be valid unless made
in writing, signed by both parties hereto, and approved by the Govenring Board of the
Mefropolitan Planning Organization.
This Agreement, regardless of where executed, shall be govemed by and construed asselding to
the laws of the State of Florida and venue shall be in Miami-Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have executed these presents this
September,ZOT4.
17th day of
ATTEST: MIAMI-DADE COUNTY FLORJDA
By The Governing Board of
(MPo)
intName
APPROVEDASTO
FORM & LANGUAGE
PageS . . .
,t (tltS'
-,) -bbHVt Dote
printName Jl"^^^-r L. /t'lo,ra(<+
PrintName
MPOS4ruPWP 20l5iI4GP FY 2015 Mimi Beach [nterlocal Agcement
RFQ 2015-127-JR
€l,a-*5"*^
Miami Beach Project Manager
Clty Attorney
108
Exhibit "A": "Scope of Services"
OBJECTIVE:
The objective of this project is to plan and conduct community outreach lor the demolition of the
boardwalk north of 29 Street and connectivity to Miami Beach Drive in order to improve the
quality of pedestrian and bicycle access to existing segments of the AGN. ln addition, the
project will look to improve connectivity between the boardwalk segment that is slated to remain
lrom 24 Street to 29 Street. This project may result in a higher quality of life for the community
through irnproved mobility, increased alternative transportation options, reduced traffic
congestion, reduced greenhouse gas emissions, improved air quality, and economic
development.
METHODOLOGY:
The following proposed scope of work and budget incorporates the use of proactive public
involvement, development of design that will be permittable east of the coastal construction
control line, and cost analysis of these options.
Task 1: Public involvement
Engaging the public and incorporating public input is a multi-level process that will take
place consistently throughout the duration of the project.
Task 2: Develop Conceptual Plan
Conceptual plan will be developed based on community input and feedback received
from FDEP. This plan will provide plan for this link in the AGN that provides safe
pedestrian and bicycle access, ADA accessibility, protective dune enhancements, and
bicycle and pedestrian amenities.
Task 3: Cost Anatysis
A cost analysis will be conducted that takes into consideration the capital and operating
costs for boardwalk/beachwalk.
Task 4: Executive Summary
The final report will include a summation of all tasks in the form of an executive
summary.
END PRODUCTS:
The end product will be a final report in electronic format that includes an executive summary of
recommendations for improving the quality of pedestrian and bicycle accessibility from 23 Street
to 45 Street and next steps.
PROJECT MANAGEB:
Elizabeth Wheaton, Assistant Building Director
PARTICIPATING AG ENCIES:
Other participating agencies can be determined by the MPO.
RFQ 2015-127-JR 85
109
Exhibit i'B": "Tentative Project $chedule"
Start Dafe:, September 2014
End Date: September AA,2015
RFQ 2015-127-JR 86
110
Exhibit "c"
$40,000 MPO Grant Program Funds
$10;000 Local Match (20%)
$50,000 Total Project Amount
RFQ 20L5-127-JR 87
111
Exhibit (DD' 6E-Verify"
STATE OF FLORIDA DEPARTMENT OF TMNSPORTATION
E-VERIFY
375440-68
PROCT]REMENT
0l/l I
Contract No: A5117
Financial Project No(s): 427605, 002105?
Project Description: FY 2015 Unified Plannino Work Proqram Task 8.6 Municipal Grant
Proqram
Vendor/Consultant Miami Beach acknowledges and agrees to the following:
Vendor/Consultant Miami Beach shall utilize the U.S. Department of Homeland
Security's E-Verify system, in accordance with the terms governing use of the system,
to confirm the employment eligibility of;
1- all persons employed by the Vendor/Consultant Miami Beach during the
term of the Contract to perform employment duties within Florida; and2. all persons, including subcontractors, assigned by the Vendor/Consultant
Miami Beach to perform work pursuant to the contract with the
Department.
Company/Firm: City of Miami Beach
Authorized Signature:
Title: Citv Manaoer
Date:
Page 12
MPO54ruPWP 20 I 5A{GP FY 20 I 5 Miami Beach Interlocal Agreenent
RFQ 2015-127-JR 88
112
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF AN INVITATION TO
NEGOTIATE (lTN) NO. 2015-112-WG TO PROVTDE WELLNESS SERVTCES TO THE ClTy OF
MIAMI BEACH FOR lTS ACTIVE EMPLOYEES.
Ensure e ture trends are sustainable over the lonq term.
Supporting Data (Surveys, Environmenta! Scan, etc.): N/A
Item Su
The Administration desires to seek proposals from fully qualified firms interested in partnering with
the City to provide a wellness program for employees.
The City believes that improvements in employee health, and corresponding health coverage costs,
can be achieved through wellness plan management, disease management, case management,
measuring results, making lifestyle changes, promoting wellness education and promoting healthier
decision making. While the City is interested in improving the health of employees enrolled in its
medical benefits programs, both on a short-term and longterm basis, cost is also a factor.
Through the lTN, the City will be able to evaluate available wellness programs, as well as complete
a cost-benefit analysis for each program considered. The ITN scope has been developed by the
City's health plan and benefits consultant, Arthur J. Gallagher & Company.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of the ITN
2015-112-WG to Provide Wellness Services to the Citv of Miami Beach Active Emolovees.
Board Recommendation:
N/A
Financia! lnformation:
Financia! lmpact Summary: N/A
Alex Denis, Director Ext # 6641
S\March 1 1\Procurement\lTN-201 5-1 12-WG To Provide Services to the City of
AGENDA ITEM
Active Employees
ISSUANCE SUMMARY.docx
czB
3-ll-lsE MIAAAIBEACH DATE113
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISS N MEMORANDUM
TO:
FROM:
DATE:
SUBIECT: REQUEST FOR APPROVAL
INVITATION TO NEGOTIATE
TO THE CITY OF MIAMI BEACH ACTIVE EMPLOYEES.
ADM IN!STRATION RECOMM EN DATION
Authorize the issuance of the lTN.
BACKGROUND
The Administration desires to seek proposals from fully qualified firms interested in
partnering with the City to provide a wellness program for employees.
SCOPE OF SERVICES
The City believes that improvements in employee health, and corresponding health
coverage costs, can be achieved through wellness plan management, disease
management, case management, measuring results, making lifestyle changes,
promoting wellness education and promoting healthier decision making. While the City
is interested in improving the health of employees enrolled in its medical benefits
programs, both on a short-term and longterm basis, cost is also a factor.
Through the lTN, the City will be able to evaluate available wellness programs, as well
as complete a cost-benefit analysis for each program considered. The ITN scope has
been developed by the City's health plan and benefits consultant, Arthur J. Gallagher &
Company.
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFIGATIONS. Please Reference, Appendix C, ITN 2015-
112-WG to Provide Wellness Services to the City of Miami Beach Active
Employees.
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, ITN 2015-
112-WG to Provide Wellness Services to the City of Miami Beach Active
Employees.
o CRITERIA FOR EVALUATION. Please Reference Section 0400, ITN 2015-
112-WG to Provide Wellness Services to the City of Miami Beach Active
Employees.
Mayor Philip Levine and Mem of the City SSION
Jimmy L. Morales, City Manager
March 11,2015
AUTHORIZE THE ISSUANCE OF AN
} TO PROVIDE WELLNESS SERVICES
114
City Commissioner Memorandum - ITN 2015-112-WG to Provide Wellness Services to the City of Miami Beach Active
Employees.
March 1 1,2015
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance
of the ITN 2015-112-WG to Provide Wellness Services to the City of Miami Beach Active
Employees.
o ATTACHMENTS
ITN 2015-112-WG to Provide Wellness Services to the Cityof Miami Beach
Active Employees.
JLM/MT/SCT/AD
T:\AGENOA\201s\March 11\Procurement\lTN lssuance to Provide Wdlness Seruices to the City of Miami Beach Active Employees. - MEMO.doc
Page 2 of 2
115
TNVTTATION TO NEGOTIATE (lTN)
TO PROVIDE WELLNESS SERVICES FOR ACTIVE EMPLOYEES
20r 5-r t 2-wG
ITN ISSUANCE DATE: MARCH 11 , 2015
PROPOSALS DUE: APRIL 10,2015 @ 3:00 PM
ISSUED BY:
* MIAMIBEACH
Williom Gorviso, Procurement Coordinotor
DEPARTMENT OF PROCUREMENT MANAGEMENT
1700 Convention Center Drive, Miomi Beoch, FL 33139
305.6737000 x 6650 | www.miomibeochfl.gov
116
,D ,v\tAAAtBrACr-{
TABLE OF CONTENTS
SOLICITATION SEGTIONS: PAGE
0100 NoT uTrLrzED ......... ..........N/A
0200 TNSTRUCTTONS TO PROPOSERS & GENERAL CONDTTTONS ................................3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 pRoposAL EVALUATTON ....... ............12
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS ..,.,,,14
APPENDIX B "NO PROPOSAL" FORM ,..,....21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..,....,,,,,,,.,...23
APPENDIX D INSURANCE REQUIREMENTS ........,......27
APPENDIX E WELLNESS QUESTIONNAIRE ............,,.29
rTN 20 r 5-r r 2-wG
117
b /V\IAMIBilACH
SECTION O2O() INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS
1. GENERAL. This lnvitation to Negotiate (lTN) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost Proposals (the
"Proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this ITN results in an award.
The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this lTN, Any prospective
Proposer who has received this ITN by any means other than through PublicPurchase must register immediately
wilh PublicPurchase to assure it receives any addendum issued to this lTN. Failure to receive an addendum may
result in disqualification of Proposal submitted.
2. PURPOSE.
A variety of studies confirm the health conditions that contribute most to lost productivity, including depression,
anxiety, migraines, respiratory illness, arthritis, diabetes, and back and neck pain, Employees with multiple chronic
health conditions are especially vulnerable to productivity loss.
To attempt to address the concerns over the correlation between productivity and employee health conditions, the
City of Miami Beach ("the City") wishes to receive proposals from qualified vendors to develop and implement a
wellness program. A wellness program is typically defined as an organized, employer-sponsored program that is
designed to support employees as they adopt and sustain behaviors that reduce health risks, improve quality of life,
enhance personal effectiveness, and benefit the organization's bottom line. The City seeks to establish a
partnership with a qualified provider that facilitates the inherent nature of workplace wellness- a partnership between
employer and employee.
The City's health plan has been sellfunded since January 1,2009, and currently offers two (2) HMO, one (1) POS
and two (2) PPO plans to its employees that are administered and use networks managed by Humana and AvMed.
The intent of this ITN is to receive proposals from qualified vendors who can administer a wellness program for
multiple plans with two carriers,l
Through the lTN, the City will consider Proposer qualifications, proposed scope of services and program approach
and methodology. Costs will be considered during the negotiation phase,
rTN 20 r 5-t I 2-WG
118
ID MIAMiBTACH
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
William Garviso
Telephone:
305 673-7000 #6650
Email:
WilliamGarviso@miamibeachfl .oov
3.The tentative schedule for this solicitation is as follows
ITN lssued March 11 ,2015
Pre-Proposal Meeting
Deadline for Receipt of Questions April 1 ,2015
Proposals Due April 10, 2015 @3:00PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
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 - 4ttt 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
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
ITN expressing their intent to participate via telephone.
119
E AAIAMISTACF{
6. PRE'PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). 0nly questions answered by written addenda will be binding and may supersede
terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been forwarded to the City Commission by the City Manager are under the"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation, Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl,qov/procuremenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE,.,. CITY CODE SECTION 2486
o PROTEST PROCEDURES CITY CODE SECT|ON 2-371. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 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 2487r CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTISSUES.. CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-373
EITY CODE SEETIONS 2 4OT THROUGH 2 410
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374. FALSE CLAIMS 0RD|NANCE.... ctTY CODE sECTtoN z0-300. ACCEPTANCE 0F GIFTS, FAVORS & sERVlcES.... ctrY coDE sECTtoN 2449
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-
37'1 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuantto Cityof Miami Beach Ordinance No.2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
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12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission that negotiations be
approved with one or more Propose(s) s/he deems to be in the best interest of the City or may recommend relection
of all Proposals. The City Manager's recommendation need not be consistent with the scoring results identified
herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manage/s recommendation and may approve such recommendation.
The City Commission may also, at its option, relect the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations, including any costs, between the City and the selected Propose(s)
willcommence.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to relect any or all Proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all Proposals within one-
hundred twenty (120) calendar days after Proposals opening date. A Proposer may not withdraw its Proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of Proposals opening.
14. PROPOSER'S RESPONSIBILITY, Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City,
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Propose/s employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this lTN. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
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19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
submitted in a format consistent with the Purchase Order.
20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes, Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence,
23. ANTI-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,
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24. DEMONSTRATION OF COMPETENCY.
A. 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.B. Proposers must be able to demonstrate a good record of performance for a reasonable period of time,
and have sufficient financial capacity, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.C. The City may consider any evidence available regarding the financial, technical, and other qualifications
and abilities of a Proposer, including past performance (experience), in making an award that is in the best
interest of the City.
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
26. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
28. VOLUME OF WORK T0 BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation, then
D. The Proposer's Proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon, The contractor
expressly understands and agrees that any insurance protection required by this Agreement or 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.
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&AAIAMISTACH
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor,
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Ar1,.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier,
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO ITN. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this lTN, and outline what, if any, alternative is being offered, All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal, The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the ITN to which Proposer took exception to (as
said term and/or condition was originally set forth on the ITN).
35. ACCEPTANCE OF GIFTS, FAVORS. SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties,
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SECTION O3OO PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED PROPOSALS.One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted, The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE PROPOSALS. Proposals are to be received on or before the due date established herein. Any Proposal
received after the deadline established for receipt of Proposals will be considered late and not be accepted
or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or
othenruise.
3. PROPOSAL FORMAT. ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of Proposals, it is strongly recommended that Proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1CoverLetterandTab!eofContents.ThecoverlettermustindicateProposerandProposery
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in C, Minimum Reouirements and Soecificati
ce & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history anO retevant experrence
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies, For each project that the Proposer submits as evidence of
similar experience, the following is required: proyect description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2,3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No Proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility ol the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierporta!.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
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of Services
3.1 Wellness Questionnaire. Proposers shall submit a completed Wellness Questionnaire (Appendix E). No
proposal will be completed without a completed Wellness Questionnaire (Appendix E).
3.2 Scope of Services, Submit detailed information addressing how Proposer will achieve at a minimum, each
portion of the scope of services outlined in Appendix C, Minimum Requirements and Specifications, ln addition to
the scope stated in Appendix C, Proposers are encouraged to submit other proven wellness program components it
can propose for the City's consideration. 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
&TCIAl\^IBTACH
Note: After Proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
H
and Methodol
Submit detailed information on Propose/s approach and methodology to implementing the proposed scope
offerings, facilitating a high level of participation, and maximizing the effectiveness and value of the agreed to
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SECTION O4OO PROPOSAL EVALUATION
1. Evaluation Gommittee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of Proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the Proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager, The results of Step 1 & Step 2
Evaluations will be fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:o review and score all Proposals received, with or without conducting interview sessions; oro review all Proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Veterans Preference
30
40
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ID J\,!AMiSrACr-{
4. 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:
,,-.:,.+r I i,
liiiirlliiiii-:i .,. ==- ,9.,9rn$!!r9gii
= Member f.i:;
Step 1
Points 82 76 80
Step 2
Points 0 5 0
Total 82 8't 80
Reak 1 2 3
. t:..1;,':*7l
..:: ',: , i,
.:iii,li iL i
e., i. ittee,
Mernber-,2 r.rr
Step 1
Pnints 79 85 72
Step 2
Points 0 5 0
Total 79 90 74
:,,Rank 2 1 3
lCpgpifiee
l,:Meinber 3
Step 1
Points 80 74 66
Step 2
Points 0 5 0
Total 80 79 66
Rank 7 2 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results,
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APPENDIX A
g MtAAAtmmAtr*
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
2015-1 12-WG
PROVIDE WELLNESS SERVICES FOR
ACTIVE EMPLOYEES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
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Solicitation No: 2015-'l 12-WG Solicitation Title: PROVIDE WELLNESS SERVICES FOR ACTIVE EMPLOYEES
Procurement Contact: William Garviso Tel: 305 673-7000 # 6650 Email: WilliamGarviso@miamibeachfl ,gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1, General Proposer lnformation.
FIRM NAME:
No of Years in Business:No of Years in Business Locally: I No of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
ut I
STATE:ZIP CODE:
TELEPHONE NO.:
I-OLL FREE NO,:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EIUAIL:
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, flnancial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
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2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
[---] ves [-l r'ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten ('10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling,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, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-oerformance bv anv oublic sector aoencv?[--l vrs '[^l
ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Management Department with its
response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all
applicable governmentalrules and regulations including, among others, the conflictof interest, lobbying and ethics provision of the
City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
3.
6.
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7.Living Wage. Pursuantto Section 2-408of the MiamiBeach City Code, as same may be amended from time to time, proposers
shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below:. Commencing with City fiscal year 2012-13 (October 1,2012), the hourly living rate will be $11.28lhr with health
benefits, and $12.92/hr without benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CP|-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 peicent (3%). Ihe City may also, by
resolution, elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implemeni
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on the Living Wage requiiement is
available at www.miamibeachfl .gov/procuremenU.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more full time employees on their payrolls during 2b 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 Benefrts" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in fne UniteO
States, but outside of the City of Miami Beach limits, who are directly performing work on the contraci within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to gmployees with spouses or to spouses of employees?
l----] vrs [--l r.ro
B. Does your company provide or offer access to any beneflts to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
l__-l vrs [__-l r,ro
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified, Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
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
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
gomply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by'the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on [ne fquat
Benefi ts requirement is available at www.miamibeachfl .gov/procuremenV.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from 1me to time, states that a
8.
9.
132
10.
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, Proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
Proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.0'17 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additlonal submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addenda may result in Proposal disqualification.
lnitial to Confirm
ReceiDl
lnitial to Confirm
Recpint
lnitial to Confirm
Reccinl
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum't4
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
Litigation History. Proposer shall submit a statement of any litigation or regulatory action that has been filed against your firm(s)
in the last five years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the court or
agency before which the action was instituted, the applicable case or file number, and the 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 filed against your firm(s), please provide a statement to that effect. Truthful and complete answers
to this question may not necessarily disqualify a firm 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.
SUBMITTAL REQUIREMENT: Proposer 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.
Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) direcfly to
the Procurement Contact named herein. No proposalwill be considered without receipt, by the City, of the SQR direcfly from Dun
& Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall iequest the
SQR report from D&B at:
https://supplierportal.dnb.comlwebapp/wcs/stores/servleUsupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended that each Proposer
review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation
process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the
City, with bid or within 2 days of request.
11.
12.
133
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any wananty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submifting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-inthe-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make alldisclosures and declarations as requested in this solicitation, By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is kue, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be 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.
tTN 201 5-1 I 2-WG t9
134
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
Proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of Proposal submitted; Proposer has not divulged,
discussed, or compared the Proposal with other Proposers and has not colluded with any other Proposer or party to any
other Proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this Proposal,
inclusive of the Certification, Questionnaire and Requi Affidavit are true and accurate.
Name of Proposefs Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Proposeis Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me who
of
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 Florida
My Commission Expires:
ilN 20r5-I I2-WG 20
135
APPENDIX B
&
€$-4 IAN$mffi&ffih$
"No Bid" Form
2015-1 12-WG
PROVIDE WELLNESS SERVICES FOR
ACTIVE EMPLOYEES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
r N 2U t5-I I2-WG 2)
136
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
DEPT. OF PROCUREMENT MANAGEMENT
ATTN: William Garviso
PROPOSAL#2015.112.WG
1700 Gonvention Center Drive
MIAMI BEACH, FL 33139
il N 2U t5-t | 2-WG 22
137
APPENDIX C
g M\iAft/iiffiffiAilr*
Minimum Requirements
& Specificotions
2015-1 12-WG
PROVIDE WELLNESS SERVICES FOR
ACTIVE EMPLOYEES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
tTN 201 5-t I 2-WG
138
Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
' Provide at least three (3) references for which Wellness Services have been provided to
other public sectors; (for each include organization name, contact person, address,
telephone number, email address, and summary of scope of seruices provided). The City
reserves the right to contact any party that the bidder has worked for in the past and to
reject a bidde(s) based on past poor performance.
C2. Statement of Work Required.
A variety of studies confirm the health conditions that contribute most to lost productivity: depression,
anxiety, migraines, respiratory illness, arthritis, diabetes, and back and neck pain. Employees with multiple
chronic health conditions are especially vulnerable to productivity loss. The inherent nature of workplace
wellness- a partnership between employee and employer-requires trust. Because personal health is such
an intimate issue, investment in wellness can, when executed appropriately, create deep bonds.
The City of Miami Beach ("the City") wishes to receive proposals from qualified vendors to develop and
implement a wellness program, defined as an organized, employer-sponsored program that is designed to
support employees (and, sometimes, their families) as they adopt and sustain behaviors that reduce health
risks, improve quality of life, enhance personal effectiveness, and benefit the organization's bottom line.
EMPLOYER BACKGROUND
The City's health plan has been seltfunded since January 1, 2009, and currently offers two (2) HMO, one
(1) POS and two (2) PPO plans to its employees that are administered and use networks managed by
Humana and AvMed. The intent of this ITN is to receive proposals from qualified vendors who can
administer a wellness program for multiple plans with two carriers. The intent of this ITN is to solicit best-in-
class, competitive proposals from qualified vendors for the management of the City's Wellness plan which
will be offered to employees.
Level of Employer/Employee The City contributes 50 - 71o/o of the total medical funding rate for theirContributions: employees depending upon the plan selected.
ilN 20l5-t t2-WG 24
139
Carrier/Ad mi nistrator
History.
Humana has been the City's medical PPO, POS and HM0 carrier for many
years prior to the funding change. The City went self-funded January 1,
2009. AvMed joined as an additional carrier with the same level of services
and plans as of March 1,2015. Utilization review, case management and
disease management services are also provided under each of the plans by
Humana and AvMed.
The City's retail and mail-order prescription drug program has been
administered by Humana during the same time period as medical
administration, whether the funding arrangement has been fully-insured or
self-funded. AvMed joined as an additional carrier effective March 1, 2015.
Humana currently provides the following services at no cost to the City:o Biometric Screening (voluntary basis, approx. 100 employees). Flu Shot Administered - limited to interested employees at onsite
location who have health care insurance.. Educational Seminars: (i.e. Weight loss, Tobacco cessation,
nutrition).. Health Fair Coordination and Facilitation
WELLNESS
While the City is interested in improving the health of employees enrolled in its medical benefit programs,
both on a short{erm and longterm basis, cost is also a factor. The City believes that improvements in
health can be achieved through ten steps:
. Wellness Plan Management. Disease Management. Measuring Results. Making Lifestyle Changes. Promoting Wellness Education. Promoting Healthier Decision Making
' The ability to provide on-site wellness at all of the City's locations between 3 - 5 days per weeks.
' Creating a platform that is accessible to employees without computer access, in addition to offering
a web based platform.
' Developing and implementing a media diverse communications program designed to overcome
individual apathy, the sensitivity of personal health issues, and the geographic, demographic and
cultural heterogeneity of employees.. lssue a report showing ROI by the end of year (3) three.
Based upon the results of this lTN, improving the health of the City's enrolled health plan population may be
accomplished by having all employees complete the following tasks:
. Complete a confidential health risk assessment;. Participate in a biometric screening (blood draw);. Have weight, height and blood pressure recorded;
' Attest to a tobacco free lifestyle;
' After completion, member participants will receive a report which incorporates the metrics from
each task and provides actlonable information to improve their health, and
' The successful Proposer will be able to provide this report and track compliance results and give
regular updates to the City.
The City is interested in implementing a Wellness program to begin on a mutually established date with a
140
passive enrollment approach. The City will implement the full capabilities of the Wellness vendor chosen
during the 2015-16 open enrollment period.
It is planned that during the 2016-17 open enrollments period employees who do not complete the above
activities will have a higher health care insurance contribution.
It is important that your organization has the ability to partner with the City to accomplish and establish this
type of Wellness Program. The ability to track the compliance results of the selected screening activities is
also a prerequisite. Responses that discuss the viability of a clinic or clinics operated exclusively by the City
for employees and how your organization can best facilitate this process may be factored into scoring. Your
organization must also be able to demonstrate its ability and processes to ensure all confidential and health
information is protected against impermissible access, use and disclosure pursuant to all applicable federal
and state laws.
TERM OF CONTRACT
The contract shall commence upon the date of notice of award and shall be effective for three (3) years.
OPTION TO RENEW
The City, through its City Manager, will have the option to extend for two (2) 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.
I N 2U t5- | I2-WG lo
141
APPENDIX D
&
:&AIAMIffiffi&ilh$
lnsuro nce Requirements
2015-t 12-WG
PROVIDE WELLNESS SERVICES FOR
ACTIVE EMPLOYEES
PROCUREMENT DIVISION
I200 Convention Center Drive
Miomi Beoch, Florido 33.l39
E
27
142
AI':&AIA&AI mm&ilffi
PROFESSIONAL SERVICES
The provider shall furnish to the Human Resources Department, Risk Management Division, City of
Miami Beach, 1700 Convention Center Drive,3'o 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 Beach must be shown as an additional insured with respect to this
coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used in
connection with the work, in an amount not less than 91,000,000 combined single limit per
occurrence for bodily injury and property damage.
D. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible
per claim, if any, not to exceed 10o/o of the limit of liability.
The insurance coverage required above must include a waiver of subrogation in favor of the City. The
insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the provider.
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 "A-" as to management, and no less than "Class
Vll" 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.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
advance notice to the certificate holder.
CERTIFIGATE HOLDER MUST READ:
GITY OF MIAMI BEACH
17OO 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.
rrN 2015-t 12-wG 2B
143
APPENDIX E
&AIA&AI *ffi&CH
Wellness auestion noire
2015-t 12-WG
PROVIDE WELLNESS SERVICES FOR ACTIVE
EMPLOYEES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
I N 2U t5- I I2-WG 29
144
APPENDIX E
WELLNESS QUESTIONNAI RE
Please limit your response to the specific questions asked, However, if you need additional space to provide your
response, please add rows to accommodate this information
1. Provide the following information for the primary contact responsible for
completing and answering questions for this proposal:
Name
Title
Address
Phone
Fax
E-Mail address
2. Provide the following information regarding your corporation:
Orqanization al structure overview
Number of clients
Averaqe client size
Number of clients that have renewed
Client turnover rate (% of clients who terminated their contracts)
Number of employees
Brief history of organization, including mergers, acquisitions, divestitures
to include mission statement
Any anticipated changes in the ownership or organization of the operation
=S#SN*\-rNfffl ffi,q#*ffiH$Sr lrfW,f;j;jaW_li:; a:;: j ffi
1. Provide your program delivery staffing structure to include number of
employees, experience, credentials, education and role in each area.
Health Educators
# of Staff
Avq. Years of Exoerience
Required Credentials and Education
Role in Prooram Deliverv
Exercise Physioloqist
# of Staff
Avq. Years of Experience
Required Credentials and Education
Role in Proqram Delivery
Reqistered Dieticians
# of Staff
Avo. Years of Exoerience
Required Credentials and Education
Role in Proqram Delivery
ltN 20 15- t I 2-WG 30
145
Communication
2. Provide a description on the ongoing management of your services for this
client.
3. ldentify who is designated to monitor and report participation and employer
satisfaction,
4. Provide an implementation plan, including task, timeframes and resources. Do
you have implementation managers or other personnel dedicated to the
implementation process? Provide a brief explanation of this role.
5. lndicate your hours of operation for the following areas (please include time
zone):Hours of Operation, Week and Weekend
Customer Service (automated voice messaging service)
1. List the percentage of your target Health lmprovement Programs clients by size:# of Clients and % of Total Clients
1,501 - 5,000
5,001 - 20,000
2. List Business/lndustry of clients:# of Covered Lives and % of Total Covered
Lives
ilN 2Ut5-t lz-WG 3t
146
Distribution
4. Please provide three active client references and three terminated client
references (name, address, company, telephone number of key contact, and e-mail)
we may contact.
1A. Please indicate each service your organization provides for each delivery
method queried, check all that apply:
Do you use an Outsourced Vendor for any of the services listed above? lf yes,
please provide Vendor name and what service Vendor will provide.
il\ 2U t5- t I 2-WG
147
18. Please indicate each service your organization provides and the availability of
tracking results and providing incentives (incentive management), check all that
apply:
Provide lncentive (gift card, merchandise, etc...
Provide lncentive (gift card, merchandise, etc,..)
lncentives Included in Prici
Provide lncentive (gift card, merchandise, etc...
lncentives lncluded in
Health Education and Awareness
Provide lncentive (gift card, merchandise, etc...)
Provide lncentive (gift card, merchandise, etc...)
Do you use an Outsourced Vendor for any of the services listed above? lf yes,
please provide Vendor name and what service Vendor will provide.
Please indicate which lifestyle management programs you provide including
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
I N 20 t5- | I2-WG Q2
148
Cholesterol
One-on-One
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc..
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc..
34
149
Self-Directed
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
Onsite Seminars, Lunch & Learns, etc...
3. Provide details on how your programs remain current based on research and
industry trends.
4. Describe the medical staff and/ or advisory board who are responsible for
reviewing your programs.
5. Provide your organizations guidelines for program content.
6. Describe enrollment strategies (opt in, opt out, claims data, passive etc,).
7. Describe your "pro active" approach if programs are opt-in or passive enrollment.
B. Provide the process for a participant to dis-enroll in the programs. ls there a
penalty if a member dis-enrolls? lf so please explaln
9. Provide a list of the tools available to program participants (goal setting activities,
interactive tools, action plans, journals, etc...)
10. Describe any programs which would require a minimum amount of employees in
one location to participate. lndicate the number required.
1" Describe all onsite programs available to your employees. Are they incentive
based?
2. lnclude the cost and number of initiatives available annually. You may also list
this in the Wellness Fee Proposal.
3. ldentify incentives available for each
the trackinq and distribution of incentives?
5. Describe your strategy to drive participation and maintain participant
engagement.
6. Provide participation and completion rates for five clients for the following type of
onsite initiatives:
loss challenges (total weight loss
r N 20 r5- I I2-WG 35
150
Nutrition programs (vending machine, employee dining room menu
modifications, etc.
7 . Describe any programs which would require a minimum amount of employees in
one location to participate. lndicate the number required.
8. Describe your capabilities to manage or offer the following services. Please
explain whether you offer, manage, coordinate and/or use an outsourced Vendor:
2. ln the following categories, what lifestyle areas are covered by your personal
health "coaches"?:
3. What are the qualifications of the "coaches"?
4. Who supervises the personal health "coaches"?
5. Do the "coaches" specialize in different areas such as weight loss, tobacco
cessation?
6. Who do you target for receiving personal health coaching?
7. How are the potential
8. How long does the typical coaching session last? How many sessions are
typically offered to participants?
9. What is the average number of sessions per lifestyle area?
10. lf a participant has multiple health risks, how do the personal health "coaches"
prioritize which lifestyle area/s to address flrst?
11. What is the average number of participants working with each coach?
12. ls there a maximum number of sessions for working with an individual? lf yes,
please describe.
rN 2015-t 12-WG 36
151
13. lf a participant has reached the maximum number of sessions and still requires
additional coaching, what does your program do?
1. Provide a brief overview of your onsite biometric screening program. Please
include your program's goals and objectives.
2. Provide answers to the following categories:
3. Please describe if you provide a turnkey marketing program that includes the
followinw programs. Please list the fees associated with each program, if any.
Program Description and Fees Associated
Posters (11 x17 inch) and (8 % x 11 inch)
%x11inch
2. Describe if you can provide enrollment using the following three methods:
Telephone-based using a toll-free number
Sign-up with Site Coordinator (Site coordinator takes appointments and
enters data using lnternet-based system)
Direct patienUcustomer sign-up using Screening Vendo/s proprietary
lnternef based appointment system.
3. Does your on-line appointment system include the following?
Employee Registration by Date and Time
Status (wait list) if Time is Full
E-mail Reminder the Day Prior to the Clinic
E-mail Notification to Client when Registration is nearing "Booked" Status
so Additional Slots can be Scheduled
Notification to Client when Scheduling is 80% Full
4. Describe how you tailor your program to provide a fully customized program
encompassing multiple locations with multiple shifts, with varying numbers of
employees to achieve maximum health improvement for the City.
1. Describe the blood test result process (laboratory testing) including information
and the efficacy and accuracy ofthe test results.
2. List the lab partners you work with and how long the relationship has been in
place.
3" Please list any additional screening tests that will be provided as part of the
ilN 2Ut5-t I2-WG
152
Do you offer follow-up screening tests through your lab network within the same
ex. six-month re-check - currently offered by screening vendor)?
5. Does your program encompass counseling of individuals following their
screening (excluding the participants that were identified as high risk within 48 hours
lf so, please describe and include the
6. Can you administer home screenings?
7. Please indicate those screenings your organization cunently offers through your
Total # of tests in Blood Test Panel that are offered
8. What services are included in
Health Screening Test (as outlined above)
Two to Three Minutes of Counseling with the Health Screening
lndividual Results sent Electronicallv to Third-
9. What services would be offered outside the stated fees?
10. Do you include year over year trending aggregate and personal reports?
11. Outline vour financial ROI
1. Do you allow the clients to run the blood draw screening program costs through
their medical plan? lf so, what CPT codes are being used to bill and what amount is
being billed? What amount is being applied to wellness benefit?
2. Do you bill for an office visit? Why? lf applicable, do you collect the office visit
copay?
3. lf you do bill for an office visit, does that wipe out a patient's ability to visit their
own physician under the same coding since many plans are limited to one annual
wellness visit?
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153
Are you able to hansfer HRA data to the City's Medical/Rx vendor?
3. Describe what type of authorizations will be required in order to transmit results
to third parties and any costs related to this transfer?
4. What are the distinguishing features of your HRA tool that make it effective?
5. Please describe a process flow chart for the proposed biometric screening
program. Please include a separate attachment outlining this process.
1. Provide a list of the performance guarantee parameters you propose if selected
154
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To lssue A Request For Proposals (RFP) For
Telecommunications Audit Services.
lntended Outcome Su
Ensure E ture Trends Are Sustainable Over the Lonq Term
Environmental Scan, etc.
N/A
Item Summary/Recommendation :
The Administration is interested in receiving proposals from qualified and experienced telecom
auditing firms to perform a review of its telecommunication accounts for cost recovery and to
provide recommendations to maximize efficiency of its telecommunication services.
The City currently uses telecommunication services provided by AT&T-under the master
agreement for telephone lines, circuit lines, DSL connections and for Wide Area Network
WAN) circuits that provide services to over 33 buildings and facilities throughout the City. The
City has approximately 1170 phone lines,65 circuit lines, and five (5) DSL connections.
Currently, the City average monthly cost for these services is $141,000. A telecommunications
audit has not been performed in over approximately thirteen (13) years.
This audit shall identify billing errors-and other discrepancies-for cost recovery. The
selected firm will also be required to identify various services that are redundant or no longer
needed, e.g. unused phone lines, and to make recommendations on how to rationalize the
City's account and how to maximize the efficiency of the City's telecom system. Lastly, the
proposer shall evaluate available telecom service providers and propose recommendations for
service providers based on quality and cost, The proposer shall have no financial relationship
with any recommended service providers.
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 2015-126-
LR for Telecommunications Audit Services.
Board Recommendation:
N/A
Financial lnformation :
Source of
Funds:
IT
Financial lmpact Summary:
Agenda ltem C2e
Date 3-l[-lf& MIAMIBEACH 155
MIAMIBEACH
City of Miomi Beoch,1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City
Jimmy L. Morales, City Manager
March 11,2015
SUBJECT: REQUEST FOR APPROVAL TO I SUE A REQUEST FOR PROPOSALS (RFP) FOR
TELECOMMUNICATIONS AUDIT S RVICES.
ADMI NISTRATION RECOMMEN DATION
Authorize the issuance of the RFP.
KEY INTENDED OUTCOME
Ensure Expenditure Trends Are Sustainable Over the Long Term
BACKGROUND
The Administration is interested in receiving proposals from qualified and experienced telecom
auditing firms to perform a review of its telecommunication accounts for cost recovery and to provide
recommendations to maximize efficiency of its telecommunication services.
The City currently uses telecommunication services provided by AT&T-under the master agreement
for telephone lines, circuit lines, DSL connections and for Wide Area Network (WAN) circuits that
provide services to over 33 buildings and facilities throughout the City. The City has approximately
1170 phone lines,65 circuit lines, and five (5) DSL connections. Currently, the City average monthly
cost for these services is $141,000. A telecommunications audit has not been performed in over
approximately thirteen (1 3) years.
SCOPE OF WORK
This audit shall identify billing errors-and other discrepancies-for cost recovery. The selected firm
will also be required to identify various services that are redundant or no longer needed, e.g. unused
phone lines, and to make recommendations on how to rationalize the City's account and how to
maximize the efficiency of the City's telecom system. Lastly, the proposer shall evaluate available
telecom service providers and propose recommendations for service providers based on quality and
cost. The proposer shall have no financial relationship with any recommended service providers.
OTHER RFP REQUIREMENTSo MINIMUM QUALIFIGATIONS. Please Reference, Appendix C, RFP 2015-126-LR for
Telecommunication Audit Services (attached).
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-126-LR for
Telecommunications Audit Services (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-126-LR for
Telecommunications Audit Services (attached).
TO:
FROM:
DATE:
156
City Commissioner Memorandum - Telecommunications Audit
March 11,2015
Page 2 of 3
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP
20 1 5-1 26-LR for Telecom m u n ications Aud it Services.
JLM/MT/AS/AD
T:\AG E N DA\20 1 S\March 1 1 \Procu rement\RFP - Telecom m u nications Memo.doc
157
REQUEST FOR PROPOSALS (RFP)
TELECOMMU N ICATIONS AU DIT SERVIC ES
2015-126-LR
RFP ISSUANCE DATE: MARCH 13,2015
PROPOSALS DUE: APRIL 10, 2015 @ 3:00 PM
ISSUED BY: LOURDES RODRIGUEZ, CPPB
E MIAMIBEACH
lourdes Rodriguez, Senior Procurement Speciolisr
PROCUREMENT DEPARTMENT
1700 Convention Center Drive, Miomi Beoch, FL 33139
305.673.2000 x 6652 | Fox: 786.394-4075 | www.miomibeochfl.gov
158
4 MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SEGTIONS: PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ............................... X
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ........... X
0400 PRoposAL EVALUATTON ....... ............. X
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D REVENUE PROPOSAL FORM
APPENDIX E INSURANCE REQUIREMENTS
RFP 2015-126 LR
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sEcTtoN 0200 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 revenue sharing
proposals (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposalsubmitted.
2. PURPOSE.
The City of Miami Beach is requesting proposals from qualified firms experienced in telecommunications invoice
auditing to perform a review of the City's telecommunication accounts with the purposes of recovering erroneous
payments and to provide recommendations to the City for reducing the cost of the related services.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
Lourdes Rodriguez
Telephone:
305-673-7000 x 6652
Email:
lourdesrodnquez@miamibeachfl .oov
The tentative schedule for this solicitation is as follows:
RFP lssued March 12,2015
Pre-Proposal Meeting March 19, 2015 at 10 a,m,
Deadline for Receipt of Questions March 30, 2015 by 5 p.m.
Responses Due April 10, 2015 @ 3 p.m.
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
RFP 201 5-t 26-LR
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5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled,
A Pre-PROPOSAL conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall - 4ttt Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 5804578
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede
terms noted in this solicitation, Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonararded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov,
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procuremenUscroll.aspx?id=235 1 0
. CONE OF SILENCE CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES... CITY CODE SECTIONS 2481 THROUGH 2-406r CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTISSUES,.,......., CITY CODE SECTION 2488r REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...,.. CITY CODE SECTION 2.373
. LIVING WAGE REOUIREMENT
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CITY CODE SECTIONS 2407 THROUGH2-410
4
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g MTAMIBEACH
. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE.
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374. FALSE CLAIMS 0RDINANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuantto Cityof Miami Beach Ordinance N0.2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINAT]ON OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City 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 select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also relect all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or relect all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
obligation to comply with every detail and with all provisions and requirements of the contract, and will not be
accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the
Proposer.
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15. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals,
or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and
expense) of the Proposer, and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposers hereby acknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the
Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or
agents of the City.
17. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
18. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFP. Failure to do so will
be at the Proposer's risk and may result in the Proposal being non-responsive.
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
20. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the conkact, including its use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work,
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
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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. DEMONSTMTION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenruise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
26. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency,
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
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30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or othenruise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Arl.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenruise provided by law, (c) Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public records in
possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency,
33. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposalto replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered, Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO RFP. Proposers must clearly indicate any exceptions they wish to take to any of the terms in
this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any
or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected, the City shall require
the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as
said term and/or condition was originally set forth on the RFP).
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35. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Page lntentionallv Left Blank
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SECTION O3()() 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.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or otherwise,
3. PROPOSAL FORMAT, ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in
accordance with the sections and manner specified below, Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation,
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
alifications requirements established in Appendix C, Minimum Requirements and
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. Submit at least three (3) projects within the last five (5)
years where the Proposer has performed services similar to the scope of this RFP for a public sector agency. For each
project that the Proposer submits as evidence of similar experience, the following is required: prolect description, agency
name, agency contact, contact telephone & email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submiftal to the City and
as earlv as in the solicitation . For assistance with of the SQR submittal
RFP 2015 r26-LR t0
167
b MIAMIBEACH
Revenue
Submit a Revenue Form ix E).
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
tl
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 a fully review and score the
h and
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: data collection, charge verification,
Rr-P 2U t5- I 20-LR
168
IAMiBEACH
sEcTloN 0400
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 fonruarded 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 qualltative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:. review and score all proposals received, with or without conducting interview sessions; or. review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Revenue Proposal
b ^^
PROPOSAL EVALUATION
35
20
Veterans Preference
RFP 2015-126-LR 12
169
4 MIAMIBEACH
4. Revenue Proposal Evaluation. The revenue proposal points shall be developed in accordance with the following
formula:
Sample Objective Formula for Allocation of Revenue Proposal Points
Vendor Proposed
Revenue
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(highest revenue / revenue of
proposal being evaluated X
maximum allowable points =
awarded points)
Round to
TotalPoints
Awarded
Vendor A $200.00 35 $200/$200X35=35 35
Vendor B $150.00 35 $150/$200X35=26 26
Vendor C $ 100.00 35 $100 / $200 X 15 = 18 't8
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management, Step
1 and 2 scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 22 15 12
Total 101 100 84
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 22 15 12
Total 102 89 78
Rank 1 2 3
RFP 201 5- I 26-LR t3
170
APPENDIX A
g MIAMIBEACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
RFP 2015- I 26-LR
TELECOMMU N ICATION AU DIT
SERVICES
PROCU REMENT DEPARTMENT
lZ00 Convention Center Drive
Miomi Beoch, Florido 33,l39
171
Solicitation No:
201 5-1 26-LR
Solicitation Title:
Telecommunication Audit Services
Procurement Contact:
Lourdes Rodriouez
Tel:
305.673.7000 x 6652
Email:
lourdesrod rio uez@miamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation,
FIRM NAME:
No of Years in Business:No of Years in Business Locally: I No, of Employees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
UI IY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EI\4AIL:
FEDEML TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
172
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
l---l ves [__--] t'to
2.
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3)Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-oerformance bv anv oublic sector aoencv?f--l vrs 'l----l
r'ro
SUBMITTAL REQUIREMENT: lf answer to above is 'YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the 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 regulations including, among others, the conflict of interest, lobbying and ethics
provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
5.
o.
173
e serviees pursuanlte this Agreernent, the heurly living wage rates listed belew:o Cemmeneing with City fiseat year 2012 13 (Oeteber 1
'
2012)' the heurly tiving rate will be $1 1 ,2Uhr with heatth
@s,
The living wage rate and health eare benefits rate may' by Reselutien ef the eity Cemmissien be indexed annually fer inflatienusi dale, issued by ttre U,S, Department ef taber's
may alse, by
ines it weuld net be fiseally seund te implement
@
ies
SUBMITTAt REQUIREMENT: Ne additienal submittal is required, B" virtue ef exeeuting this affidavit deeument, Prepeser agrees
@
8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited
contracts valued at over $100,000 whose contractors maintain 51 or more fulltime employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the Conhacto/s employees located in the United
States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?[--l vrs [-_-i ruo
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
[__--.l ves [_-_l uo
c. Please check all benefits that apply to your answers above and list in the "othe/' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
174
o Public Entity Crimes. Section 287.133(21(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the conskuction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.0'17 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifles it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are
solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receinl
lnitial to Confirm
Receiol
lnitial to Confirm
Receinl
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum'14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover
10.
175
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. AII Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be 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,
176
I hereby certify that: l, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Proposeis Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of _) stated that (s)he is the
of , a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed, Before me:
Notary Public for the State of Florida
My Commission Expires:
Miami Beach
RFP 2015-126-LR
AppendixA-Page6
177
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFP 2015-126-LR
TELECOMMU N ICATION AU DIT
SERVICES
PROCU REMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
178
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR |ND|CATED 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)
Wedo_donot_
of this type product
want to be retained on your mailing list for future proposals
and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by
may result in your company being
PLEASE RETURN TO:
CITY OF MIAMI BEACH
PROCU REMENT DEPARTMENT
ATTN: Lourdes Rodriguez
PROPOSAL #2015-126-LR
1700 Convention Center Drive, 3'd Floor
MIAMI BEACH, FL 33139
submitting a proposal or this completed form,
removed from our vendors list.
Miami Beach
RFP 2015-126-LR
AppendixB-Page'l
179
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFP 2015- I 26-LR
TELECOMMU N ICATION AU DIT
SERV!CES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
180
C1. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed
below. Proposer shall submit detailed verifiable information affirmatively documenting compliance
with each minimum requirement. Proposers that fail to comply with minimum requirements will be
deemed non-responsive and will not be considered.
. Proposer must have been in business for at least five (5) years providing similar services
as described in this RFP by submitting a copy of their Business Tax Receipt.. Proposer must have a minimum of three (3) public sector clients in the last five (5) years of
to whom it has completed work similar in scope to this project. Provide name, title, agency
name, contract dates, email address and telephone number.
C2. Statement of Work Required.
The City is requesting proposals from qualified and experienced telecom auditing firms to perform
a review of our telecommunication accounts. This audit shall identify billing errors-and other
discrepancies-for cost recovery. The selected firm will also be required to identify various services
that are redundant or no longer needed, e.g. unused phone lines, and to make recommendations
to on how to rationalize our account and how to maximize the efficiency of the City's telecom
system. Lastly, the proposer shall evaluate available telecom service providers and propose
recommendations for service providers based on quality and cost. The proposer shall have no
financial relationship with any recommended service providers,
The City currently uses telecommunication services provided by AT&T-under the Master
Agreement statewide contract lTT46- for phone lines, circuit lines, DSL connections, and
pursuant to Request For Proposal (RFP) No. 11-10/11 for Wide Area Network (WAN) circuits that
provide services to over 33 buildings and facilities throughout the City of Miami Beach. The City
has approximately 1170 phone lines,65 circuit lines, and five (5) DSL connections. Currently, the
City's average monthly cost for these services is $141,000. A telecommunications audit has not
been performed in overthirteen (13)years,
o The initial work to review all City telecom accounts and the preparation of said
recommendations shall be at no cost to the City, Upon providing recommendations to the
City, the City will then issue task orders for implementation of recommendations upon City
review and approval. The City shall not be liable for any fees or expenses as a result of all
work performed without a City approved task order. Proposer will be responsible for all
labor and expenses in providing implementation of recommendations and communications
with vendors.
The selected proposer will audit, including but not limited to, the following types of services:. service order chargeso installation chargeso monthly access line charges
o ffieSS?ge unit charges. toll charges. local exchange carrier's discount packageso operator surcharges and rates
181
. calling card surcharges and rates. 800 service charges. Data communication equipment. WATS chargeso incorrectly charged local directory assistance chargeso incorrectly charged State and Federal taxeso US3g0 Chargeso Data networks
o long distance directory assistance chargeso incorrectly charged State and Federal taxes. all the tariff elements which make up monthly line chargeso maintenance associated with all elements that make up the monthly charges. 911 surcharges collections
o PBXs
Review recent billings from service and equipment providers to determine if the City is/was billed
properly. Categories of network services to be considered shall include (but not limited to):
switched voice services provided by local carriers and long distance companies, non-switched
voice and data communication lines and circuits, maintenance services and leased and rented
voice and data communications equipment.
The methodology for conducting telecommunications billing audits should include the following
summary steps:. Acquire and review all customer service records (CSRs) and other invoices to ensure their
compliance with tariffs on file with appropriate State Public Utility/Service Commissionso Review all cunent monthly charges rendered by vendors and carriers to identify
discrepancieso Review previously billed recurring and non-recurring charges rendered by the local
regulated utilityo Conduct a physical inventory of all desired City sites specified in its agreement with the
selected proposer to verify the validity of the billing of all voice and data facilities, such as
leased telephone instruments, devices or ancillary equipment, telephone lines, private
lines, data circuits and equipment, and leased equipment not in use
The selected proposer shall:
Determine the amount of any over-billing or under-billing and confirm that all erroneous charges
are removed from future billing,
Document and prepare the necessary evidence of claims, including any interest fees that may be
applicable,
Negotiate with the service provider for refunds and/or savings should funds be owed to the City.
Verify accuracy of the amount of the refund.
182
Confirm errors are corrected in future billings
Create and provide an inventory of network equipment and services. The inventory will be collected
as a database and the database will be provided to the City at the end of each audit.
Develop recommendations that incorporates cost savings, avoidance, or efficiencies that reduce
the City's costs for telecommunications services going forward.
C3 AdditionalWork
Provide any additional related value added or additional services that the Proposer can offer the
City. lnclude any associated costs or revenue sharing programs for each value added or additional
service proposed.
Miami Beach
RFP 20'15-126-LR
AppendixC-Page3
183
APPENDIX D
b
:MIAMIBEACH
Revenue Proposol Form
RFP 2015-r 26-LR
TELECOMMU N ICATION AU DIT
SERVICES
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.I39
184
APPENDIX D
REVENUE PROPOSAL FORM
Proposer affirms that the Proposed Revenue Sharing Rates stated on the Revenue Proposal Form are
inclusive of all costs borne by the Proposer relating to the scope of the prolect; and Proposer affirms that no
claim will be made on account of any increase in research costs, wages, material prices, delivery delays,
taxes, insurance, cost indexes or on any other account.
The Revenue Proposal Form shall be completed mechanically or, if manually, in ink, Revenue Proposal Form
completed in pencil shall be deemed non-responsive. All corrections on the Revenue Proposal Form shall
be initialed.
Cost Savings Realized by the City as a Result of
Telecommunications Audit
Cost Savings/Avoidance/Efficiencies Realized by the
City as a Result of Recommendations for Future
Efficiencies
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
185
APPENDlX E
I nsuro nce Requirements
RFP 2015-.l26-LR
TELECOMMU N ICATION AU DIT
SERVICES
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
186
b
:MIAMIBEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required to
maintain throughout the term of the contract and any renewal periods.
-
1, Workers' Compensation and Employe/s Liability per the Statutory limits of the state of Florida.
-Z
Comprehensive General Liability (occurrence form), limits of liability $ 1.000,000.00 per occurrence for
bodily injury property damage to include Premises/ Operations; Products, Completed Operations and
Contractual Liability. Contractual Liability and Contractual lndemnity (Hold harmless endorsement
exactly as written in "insurance requirements" of specifications).
-
3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included.
-4.
Excess Liability - $-.00 per occurrence to follow the primary coverages.
-
5. The City must be named as and additional insured on the liability policies; and it must be stated on the
certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_,00_ Liquor Liability $_.00_ Fire Legal Liability $_.00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_.00
_7. Thirty (30) days written cancellation notice required.
_ L Best's guide rating B+:Vl or better, latest edition.
_ 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject
to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
Miami Beach
RFP 2015-126-LR
AppendixF-Pagel
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188
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST APPROVAL TO EXERCISE TERM RENEWAL OPTIONS ON CONTRACTS FOR ROUTTNE
OPERATIONAL REQUIREMENTS
Streamline The Delivery Of Services Through All Departments
upporting Data (Surveys, Environmental Scan, etc.):
Item
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 contracts
for routine operational requirements, awarded through competitive solicitations, with Arpeggio Acoustic
Consulting, LLC; Edward Dugger + Associates, P.A.; Langan Engineering & Environmental Services, lnc.;
and approve the eligibility of the pool of approved firms to provide Undenvriter Services including Bank of
America Merrill Lynch; Citigroup Global Markets, lnc.; Estrada Hinojosa & Company; Fifth Third Securities;
First Southwest; J.P. Morgan; Loop Capital Markets, LLC; MFR Securities, lnc.; Morgan Keegan &
Company, lnc.; Morgan Stanley; Raymond James & Associates; Siebert BrandfordShank & Co. LLC;
Sterne Agee & Leach, lnc.: SunTrust Robinson Humohrev; and Wells Farqo Securities. LLC.
Financia! lnformation :
Source of
Funds:
Amount Account
1 See below See below.
2
3
OBPI Total
Financial lmpact Summary: All expenditures are contingent upon approved budgeted funds being
available.
n-Offs:
t rpartment Director a${fi,Qily Manaser City Manager
AD j-JMr t+-x.!JLyl $r
s - Summary 03-11-1s.doc
NDA ITEM C ZD
DATE 3-II.ISMIAMIBEACH189
r^e'. ^-.r--.
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
^
TO:Mayor Philip Levine and Members oi lne City Co
FROM: Jimmy L. Morales City Manager
DATE: March 11,2015
SUBJECT:REQUEST APPROVAL TO E ERCISE TERM RENEWAL OPTIONS ON
CONTRACTS FOR ROUTINE O ERATIONAL REQUIREM ENTS
ADMI NISTRATION RECOMMENDATION
Approve the recommendation.
BACKGROUND
As is customary, many of the City's agreements resulting from competitive solicitations include
renewal clauses that allow for the extension of contract terms for a certain number of renewal
periods beyond the original contract term, as may be stipulated in the solicitation or resulting
contract. The renewal periods allow the City to continue to acquire the necessary goods and
services from reputable contractors at prices established through competitive solicitations. ln its
due diligence process for consideration of contract renewal options, the Administration has
considered: cost considerations, including any increases to the CPI-U index by the Bureau of
Labor Statistics indicating changes in the supply market pricing conditions, contractor
performance and risk management considerations (e.9., insurance and bonds, as applicable).
Additionally, the contract renewals are applicable to the contract period only and do not alter
other terms and conditions of the contract or the scope of the procurement. Any changes to the
scope of the original contract shall be presented under a separate item individually or require a
new procurement process altogether.
The purpose of this item is to request authority to renew the competitively solicited contract(s)
for routine operational requirements listed herein which are eligible for renewal as stipulated in
each contract's solicitation. The justification for renewing the listed contract(s) is included with
the contract information.
i Title:
1 -$gp_eme_n! Fo1!*\oi_s_e_, A_c..p-.q.qli_c, Afi / o*1Sg_.qgd _S*9rvi.q9.9_i Contractor:
Arpeggio Acoustic Consulting, LLC; Edward Dugger + Associates, P.A.; Langan Engineering &
Environmental Services, lnc.
Brief Scope:
This contract provides for noise, acoustic and/or sound consulting services on an "as-needed
basis", for the review of projects being reviewed by the City's Planning Department staff and the i
Best lnterest Justification:
Contractors have received satisfactory performance evaluations by the Planning Department.
Additionally, pricing was established through a competitive process, and, although the CPI-U
has increased approximately 3.1 1% during the contract term, the City will continue to benefit
from contract pricing established prior to the CPI-U increase. The Planning Department has
190
City of Miami Beach - Commission Memorandum
Contract Renewals for Routine Operational Requirements
i Title:
ii Resolution Accepting the City Manager's Recommendation Pursuant To Request For Proposals :
i
i Contractor:
i
: Bank of America Merrill Lynch; Citigroup Global Markets, lnc.; Estrada Hinojosa & Company; i
: Fifth Third Securities; First Southwest; J.P. Morgan; Loop Capital Markets, LLC; MFR
! Securities, lnc.; Morgan Keegan & Company, lnc.; Morgan Stanley; Raymond James &
i Associates; Siebert Brandford Shank & Co. LLC; Sterne Agee & Leach, lnc.; SunTrust
i Brief Scope:
; The Underwriter's Services which may be required at the time of engagement include, but are
i 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,
timing of the sale, the overall sales approach, the structure of the bonds, the
provisions, and the use of credit enhancement.
4. Lead the undenvriting tea in marketing and distributing the bonds to
institutional investors.
5. Undenvrite the financing based upon terms and conditions agreed to by both the City,
financial advisor, and the undenvriters 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
Best lnterest Justifi cation:
It is in the City's best interest to renew the eligibility of the pool of approved firms to provide
undenruriter services on an "as needed" basis to expedite any bond issuances that the City
Commission
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the extension of
agreements with Arpeggio Acoustic Consulting, LLC; Edward Dugger + Associates, P.A.;
Langan Engineering & Environmental Services, lnc; and approve the eligibility of the pool of
approved firms for Underurriter Services including Bank of America Merrill Lynch; Citigroup
Global Markets, lnc.; Estrada Hinojosa & Company; Fifth Third Securities; First Southwest; J.P.
Morgan; Loop Capital Markets, LLC; MFR Securities, lnc.; Morgan Keegan & Company, lnc.;
Morgan Stanley; Raymond James & Associates; Siebert Brandford Shank & Co. LLC; Sterne
Agee & Leach, lnc.; SunTrust Robinson Humphrey; and Wells Fargo Securities, LLC.
T:\AGENDA\2015\March\Procurement\Contract Renewal Options On Contracts For Routine Operational Requirements - Memo 03-
1 1 -1 S.docx
the :
call r
both retail and
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c4
COMMISSION COMMITTEE
ASSIGNMENTS
193
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: REFERRAL TO THE NEIG
COMMITTEE A DISCUSSION
BARCLAY PLAZA APARTMENTS
WORKFORCE HOUSING
ADMI NISTRATION RECOMM ENDATION
Refer the matter to the Neighborhoods/Community Affairs Committee for discussion.
Backqround
At its September 24, 2014 meeting, the Neighborhoods/Community Affairs Committee
directed the Administration to identify a property for potential development as workforce
housing as part of its broader direction to pursue the development of affordable housing
serving those residents earning 120 to 140 percent of Area Median lncome (AMI) and
employed in the public safety, education and municipal sectors. The Mayor and Commission
accepted this recommendation defining workforce housing via Resolution 2014-28794.
For the past year, the City has been working diligently to proactively address a variety of
operational concerns involving Miami Beach Community Development Corporation
(MBCDC). As part of a broader solution, the City acquired several properties previously
owned by MBCDC but fiscally supported by the City. These properties were:. Barclay Plaza Apartmentso Lottie Apartments. Madeleine Village Apartments. Neptune Apartments
All of the properties, except for the Barclay Plaza Apartments, were acquired fully leased.
These properties are now owned and managed for the City as affordable housing
developments in compliance with the terms of the federal funding utilized to acquire and/or
rehabilitate the properties. The following US Department of Housing and Urban
Development (HUD) funds were used in these properties:. Community Development Block Grant (CDBG)o HOME lnvestment Partnership Program (HOME). Neighborhood Stabilization Program (NSP1)
Unfortunately, the Barclay Plaza Apartments, which were acquired January 30, 2015, have
significant capital needs and ongoing building violations. These violations include the failure
to complete its 4O-year certification which has been in arrears since 2011. ln addition, the
building was the victim of an intentional fire on February 2,2015 which is under investigation
by Miami Beach Police. While the fire damage was contained by the sprinkler system,
Agenda ltem
Date
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
March 11,2015
AND COMMUNITY AFFAIRS
REGARDING THE USE OF THE
AS A POSSIBLE LOCATION FOR
194
Mayor & City Commission
March 11,2015
Refenal to D,bcuss Barclay Apartmenfs as Posslb/e Site for Workforce Housing
Page 2 of 2
vandals had destroyed the electrical box and elevator controls which had been replaced
using HUD funds.
While the City had initially intended to maintain this property as affordable housing, the
extensive and necessary renovations are expected to cost millions of dollars and the City's
affordable housing funds are insufficient to complete the task as it would take multiple years'
allocations and timeliness deadlines make the project unviable. However, the Barclay
Plaza's central location (located across the street from the Convention Center) offers
potential as a possible location for workforce housing that can be developed in conjunction
with private developers in support of Resolution 2014-28794. The property's close proximity
to shopping, dining, recreational and cultural centers, and access to mass transportation
routes makes this location ideal for a workforce wishing to live, work and play in our
community.
Because the property was the recipient of federal funds and the affordability period was not
achieved, the City would have to refund its invested funds to HUD as a condition of
subsequent development as non-affordable housing. The amount subject to repayment to
HUD is $413,152.56. These funds would be returned to the City's line of credit for
subsequent use to develop or rehabilitate affordable housing for households earning up to
80 percent of AMI ($38,880).
The City can issue a Request For Proposals (RFP) to seek a private partner who can
collaborate with the City to rehabilitate the Barclay Plaza Apartments as workforce housing.
The Committee's direction to market workforce housing to people earning 120 to 140
percent AMI ($57,840 to $67,480 in household income) provides significant latitude in
potential rental rates to attract a broader range of developers than would be expected for an
affordable housing project.
Conclusion
While HUD would need to be repaid for its funds used at the Barclay Plaza Apartments, its
location and potential to attract private developers offers a unique opportunity for the City to
embark on the Committee's direction to develop workforce housing for those residents
earning 120to 140 percent AMI and employed in the public safety, education and municipal
sectors.
JMUKGB/MLR
F:\neig\Homeless\CHILDREN\$ALL\Commission Committees\Barclay Workforce Housing Discussion 03202015.doc
195
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ION MEMORANDUM
REFERRAL TO THE PLANNING
PROPOSED AMENDMENT TO CHAPTER 142 OF THE GITY CODE
MODIFYING THE REQUIREMENTS FOR INDOOR PIANOS AND STRING
INSTRUMENTS WITHIN INDOOR RESTAURANTS IN THE C.PS2 DISTRICT
ADMINISTRATION RECOMMENDATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND / ANALYSIS
On February 11, 2015, the City Commission (ltem C4K), at the request of Comm. Michael Grieco,
referred a discussion item to the Land Use and Development Committee (LUDC) proposed
amendments to the City Code pertaining to allowable musical instruments within enclosed
restaurants in the C-PS2 district.
On February 18,2015, the Land Use and Development Committee (LUDC) discussed the item and
proposed the following amendment to Section 1a2-693(c) of the City Code pertaining to permitted
uses in CPS districts:
Additionally, for restaurants located in the C-PS2 district, on the south side of Fifth Street
between Michigan Avenue and Alton Road, non-amplified piano or string instruments,
played at a volume that does not interfere with normal conversation, may be permitted as a
conditional use within the interior of the premises, in accordance with the requirements of
Chapter 118, Article lV, and only during periods in which full meals are being serued, and
no later than 2:00 am.
Attached is a draft Ordinance reflecting this modification.
CONCLUSION
ln accordance with the February 18, 2015 recommendation of the Land Use and Development
CommijtqeT the Administration recommends that the Mayor and the City Commission refer the
attafte$ffrdinance Amendment to the Planning Board.
JLN,TA'MJrrRM
T:\AGENDA\201S\lvlarch\Referral to Planning Board - CPS2 Entertainment MEMO.docx
Agenda ltem C9 B -out"ffi
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Mem the City
Jimmy L. Morales, City Manager
March 11,2015
196
GPS.2 ENTERTAINMENT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRIGTS
AND REGULATIONS;" ARTICLE ll, "DISTRICT REGULATIONS", DIVISION
18, "PS PERFORMANCE STANDARD DISTRICT" TO MODIFY PERMITTED
USES WITHIN THE CPS.2 DISTRICT TO INCLUDE NON-AMPLIFIED PIANO
AND STRING INSTRUMENTS WITHIN RESTAURANT INTERIORS;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes specialized use regulations that address alcoholic beverages; and
WHEREAS, Chapter 142 is proposed to be amended to allow the limited use of non-
amplified string instruments within the interior of restaurants in the CPS-2 district; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations" is amended, as follows:
DIVISION 18. PS PERFORMANCE STANDARD DISTRICT
***
Sec. 142-693. Permitted uses.
(c) 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. Additionallv. for
restaurants located in the C-PS2 district. on the south side of Fifth Street between Michioan
Avenue and Alton Road. non-amplified piano or strino instruments. olaved at a volume that does
not interfere with normal conversation. mav be permitted as a conditional use within the interior
of the premises. in accordance with the requirements of Chapter 1 18. Article lV. and onlv durino
periods in which full meals are beino served. and no later than 2:00 am.
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
197
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.
SEGTION 5. EXCEPTIONS.
This Ordinance shall not apply to an application filed for Land Use Board Approval with
the Planning Department on or before February 241h, 2015.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND I-ANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading
April 15,2015
: May 6, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rikethreush denotes removed language
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I
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-1915.20t5-
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: March 11,2015
f the City
DISCUSSION ON THE GITY'S AGREEMENT WITH XEROX STATE AND LOCAL
SOLUTIONS FOR THE RED LIGHT ENFORCEMENT PROGRAM.
BACKGROUND
On September 23,2009, the City entered into an agreement with ACS State and
Local Solutions, lnc. to implement a photo enforced red light program (the
"Agreement"). A photo enforced red light program is the process by which the
monitoring, identification, and enforcement of red light infractions is facilitated. ln
2010, Xerox State and Local Solutions, lnc. acquired ACS State and Local
Solutions, lnc.
The initial term of the Agreement currently expires on or about May 25,2015. The
Agreement contains two (2) additional, two (2) year renewal terms following the
conclusion of the initialterm. The Administration is seeking guidance regarding the
photo enforced red light program prior to any consideration of the first two (2) year
renewal term.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the
referral to the Finance and City-Wide Projects Committee for a discussion on the
City's Agreement with Xerox State and Local Solutions, lnc. for the red light
enforcement program.
JLM:DJO:WRG
Agendaltem cVC
Date 3-ll- lS200
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201
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: Morch 2,2015
SUBJECT: The Prohibition of Bed ond Breokfost Estoblishments in the Polmview
Historic District for Joint Referrol to the Next Lond Use ond Development
Committee ond Plonning Boord
Pleose ploce the obove item on the Morch 11 ,2015 City Commission Meeting Agendo
for ioint referrol to the next Lond Use ond Development Committee ond Plonning Boord.
lf you hove ony questions, pleose contoct my Aide, Bonnie Stewort ot extension 6722.
JVWM
We ore committed to providing excellent publtc servtce ond sofe\ to oll who live, work, ond ploy in our vibront, tropiccl, historic communii/.
Agenda ltem __C{ D_
Date _2lLlI_202
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203
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: Referral to the Sustainability and Resiliency Committee regarding policies for
maintaining the alleys by adjacent businesses
Please place on the March 11th City Commission Meeting Agenda a Referral to the
Sustainability and Resiliency Committee regarding policies for maintaining the alleys by
adjacent businesses.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore committed to providing excellent' public service ond sofe\t to oll who live, work, ond ploy in our vibront, lroptcol historic communtfv.
Agenda ltem CYE
oate - 3-ll-if204
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205
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3td,2015
SUBJECT: Referral to the Neighborhood/Community Affairs Committee regarding the future
use of LED illuminated lights at key crosswalks
Please place on the March 11th City Commission Meeting Agenda a Referral to the
Neighborhood/Community Affairs Committee regarding the future use of LED illuminated
lights at key crosswalks.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commiffed to providing excellent public selttce ond sofely to oll vvho live, work, ond ploy in our vibront, tropicol, h Agenda ltem C Q Fort"E206
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Mayor Philip Levine and Commissioners
FROM: MichaelGrieco,Commissioner
DATE: March 11,2015
SUBJECT: Referral to Sustainability & Resiliency Committee the "Woosh" Smart Water
Stations Network Proposal
Please refer this item for discussion to the Sustainability & Resiliency Committee meeting for April
2015. Woosh, a possible sole source product, is a patented and licensed product from lsrael, that
provides purified and chilled drinking water at stations on public rights-of-way.
lf you have any questions please contact Daniella Bonini at Ext 6457.
We ore committed to providrng excellent public seruice ond sofefy to oll who live, work, ond ploy rn our vibront, tropicol, hist'oric communif(.
Asenda ttem C!{G-
Date 3-ll-lY208
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c6
GOMMISSION COMMITTEE REPORTS
210
-.-,.-.---
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO:Members of the Finance and Citywide projects Cor(mittee
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING ON FEBRUARY 2, 2015
The agenda is as follows:
SPECIAL ITEMS
1. Discussion regarding The Greater Miami Convention and Visitors Bureau
lnterlocal Agreement
ACTION
The Gommittee recommended that the Greater Miami Convention and Visitors
Bureau bring back a report or presentation to the Finance Committee as to how
they promote Miami Beach.
2. Discussion Regarding The Miami Beach Convention Center Booking Policy
ACTION
The Committee recommended bringing this item back to the Finance Committee
after Administration has had a chance to do outreach to the Convention Center
clients and provide more information before this item is sent to Commission.
OLD BUSINESS
3. Discussion Regarding The Management Agreement With SP Plus Municipal
Services, A Division Of Standard Parking Corporation, For Parking
Attendants, Specifically: (1) Not Exercising The City's Option To Renew
The Agreement; (2) Extending The Agreement On A Month-To-Month Basis;
And (3) lssuing A New RFP For Parking Attendants For The City's Parking
Garages.
Agendattem CGA
Date Zll-tf211
ACTION
The Committee recommended not renewing the option and sending the item to the
April Commission meeting. An RFP will be issued and the contract awarded in
July.
4. Discussion Regarding The Renewal Of The Gity Manager Jimmy Morales's
Employment Contract
ACTION
Item deferred.
NEW BUSINESS
7.
Discussion regarding The Live Nation Management Agreement For The
Jackie Gleason Theater
AGTION
The Committee instructed staff bring this item back showing the potentia!
credits/refunds with the Required City Distribution.
Discussion Regarding the Possible Addition of Persona! Watercrafts to Our
Police Department's Fleet
ACTION
The Committee recommended not moving forward with this item.
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 StreetAnd Meridian
Avenue
ACTION
ltem deferred.
Discussion Regarding A Retail Lease Agreement Between The Miami
Beach Redevelopment Agency (RDA) And ArtConnection lnternational, lnc.
For Suite #6 ln The Anchor Shops Located At lOO 16th, Miami Beach,
Florida 33139
212
ACTION
The Committee recommended a lease term of 9 years that is reassessed at the 5
year mark where the rent would be moved to the prevailing fair market rent rate for
the remaining 4 years and 354 days.
9. Discussion Regarding Crowe Horwarth Performance and Operational Audit
Report, Finding PCI - 03 Concurrency Fee Policies And Procedures
ACT!ON
The Committee recommended retaining a qualified consultant to review the
current concurrency program and issue a recommendation regarding an
alternative mobility fee plan to the Commission in March.
ITEMS REFERRED AT Januarv 14. 2015 COMMISSION MEETING
10. Discussion Regarding First Glass Parking Valet Parking Goncession
Agreement
ACTION
The Gommittee recommended a waiver of competitive bidding to award the
current provider a concession agreement with a term of three (3) years or
substantia! completion of the MBCG renovation project, whichever occurs first.
11. Referral To The February 2,2014 Finance And Citywide Projects Committee
To Discuss lmplementing A Contractor Prequalification Program ln An
Effort To Exped ite I nfrastructu re I m provements
ACTION
Item deferred.
12. Discussion Regarding Changes To The Resort Tax Quality Of Life Funding
Allocations
ACT!ON
The Committee recommended changing the funding allocation of the Resort Tax
Quality of Life Funds as follows:
213
North Beach -
Capital
Mid Beach - Capital
South Beach -
Capital
Arts
Transportation
Proposed ProPosed' Lnange
% to Funding by
All".rti*
15% L,843,275.0O
t5% L,843,275.OO
t5% 1,843,275.00
75% L,843,275.OO
40% 4,9L5,400.OO
L00% 12,288,500.00
ls. Discussion Regarding Vacation Of Liberty Avenue (Palm Avenue) Between
22nd Street (Ocean Avenue) And 23rd Street (Atlantic Avenue)
ACTION
The Gommittee recommended moving forward with the Vacation of Liberty
Avenue (Palm Avenue) between 22nd Street (Ocean Avenue) and 23'd Street
(Atlantic Avenue).
Discussion Regarding The Requirement For City Contractors To Provide
Equal Benefits For Domestic Partners
ACTION
Item deferred.
1s. Discussion On Repurposing The Gitywide Public Access Wifi System For
Police Equipment Connectivity - Fiscal Year 2014-2015 ln Accordance With
The Options Pursuant To LTC 272-2014
ACTION
The Committee recommended moving fonarard with the repurposing of the Wifi
system.
16. Discussion Regarding A Resolution Authorizing The City Manager To
Exercise The Sole Renewal Option For A Term Of Six (6) Months,
Gommencing January 31 ,2015 And Ending July 31 ,2015, Pursuant To The
Agreement Between The City And Limousines Of South Florida, Inc., Dated
January 31, 2014, For The Maintenance And Operation Of A City of Miami
Beach Trolley Systems For Municipal Circulator Services
214
ACT!ON
The Gommittee recommended no action and that the City's Transportation
Department meet with Miami Dade County to evaluate the feasibility of alternate
routes and schedules for a municipal circular service, which can enhance mobility
within the target area while minimizing duplication of existing transit service.
17. Discussion Regarding lssuing An RFP For Parking Aftendants For The
City's Parking Garages With The Term Agreement Commencing On August
16,2015, The Day Following The Expiration Of The City's Agreement With
SP Plus Municipal Services (Contract No.: RFP - 17-10l11l
ACTION
The Committee recommended not renewing the option and sending the item to the
April Commission meeting. An RFP wil! be issued and the contract awarded in
July.
18. Discussion and Referral To Land Use And Development Committee and
Finance and Citywide Projects Committee Regarding Completion Of The
Central Bayshore Area Storm Water And Roadways Construction
ACTION
The Committee recommended starting the bid process over with the updated
Design Criteria and design-builder selection criteria.
ITEMS REFERRED AT Januarv 27. 2015 COMMISSION MEETING
lg. Discuss regarding the lssuance of Bonds to Finance the Miami Beach
Convention Center Project and for additional Stormwater Revenue Bonds
ACTION
Item deferred.
215
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216
MIAMI BEACH
City of Miqmi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Memberspf the Citylpommission
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: REPORT OF THE FEBRUARY
COMMITTEE MEETING
18, 2015 LAND USE AND DEVELOPMENT
A Land Use and Development Committee meeting was held on February 18, 2015. Land
Use Committee Members in attendance were Commissioners Joy Malakoff and Ed Tobin.
Commissioners Michael Grieco and Micky Steinberg were also in attendance. Members
from the Administration, including, Thomas Mooney, Joe Jimenez, RaulAguila, Eve Boutsis,
Eric Carpenter, Jose Gonzalez, Betsy Wheaton, Max Sklar, Saul Frances, and Michael
Belush, as well as members of public, were also in attendance. Please see the attached
sign-in sheet.
The meeting was called to order at 3:05 PM.
1. DISCUSSION ON WASHINGTON AVENUE OVERLAY DISTRICTS
(RETURNTNG FROM THE JANUARY 21, 2015 LUDC MEETING
SPONSORED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 GITY GOMMISSION 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. The panel will provide a
recommendation to the Land Use Committee at the April meeting.
Commissioner Tobin requested more information be provided on TDR incentives for the
rehabilitation of historic buildings on the west side of Washington Ave.
MOTION: Continued to April 2015 LUDC by Acclamation
2. DISCUSSION ON POSSIBLE AMENDMENTS TO GHAPTER 6 AND CHAPTER 142
OF THE CITY CODE.
(RETURNTNG FROM THE JANUARY 21,2015 LUDC MEETING
SPONSORED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM G4O)
VERBAL REPORT
MOTION: Continued to March 3,2015 by Acclamation
Aoendaltem C6B-
D"t"-21--5217
City Commission Memorandum
Repoft of Land Use & Development Committee Meeting of February 18, 2015
Page 2 of 4
3. DISGUSSION ON THE COLLINS CANAL PROJECT
(RETURNING FROM THE JANUARY 21 ,2015 LUDC MEETING
SPONSORED BY CITY COMMISSION
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgG)
AFTER.ACTION:
Eric Carpenter provided an overview of the project and discussed the feasibility of a traffic
circle at the intersection of Dade Blvd. and Michigan Avenue, which would allow for the
removal of the left turn lane. He recommended that the City hold off on the installation of any
substantial landscaping for 6 months while this option is explored.
Commissioner Malakoff indicated support for landscaping with sod and small plantings as
soon as possible.
Jose Gonzalez indicated that the traffic circle concept will be shared with the County for
review, and that a complete plan may be available for the City Commission to review as
soon as May. He also indicated that additional traffic studies would be required to move
forward with this concept.
Sheryl Gold indicated her agreement with City staff on the statements made and supported
expanded landscaping along the entire corridor, including mangrove mitigation.
Betsy Wheaton indicated that, regarding the mangroves, living shorelines are desirable and
a feasibility study is needed as the older studies are no longer valid.
MOTION: ET/JM (3-0)
Motion to proceed with the landscaping as discussed and continued the item toApril 2015
LUDC.
4. DISCUSSION REGARDING THE CONGESSION CONTRACT WITH RCI GROUP, THE
MANAGEMENT COMPANY OF MIAMI BEACH MARINA.
(RETURNTNG FROM THE JANUARY 21, 2015 LUDC MEETING
SPONSORED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CIry COMMISSION MEETING, ITEM RgX)
AFTER.ACTION:
Max Sklar introduced the item.
The item was discussed by the Committee.
No further action was taken by the Committee.
5. DISCUSSION REGARDING ZONING IN PROGRESS.
(RETURNTNG FROM THE JANUARY 21, 2015 LUDC MEETING
SPONSORED BY CITY GOMMISSION
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM G4B)
MOTION: Continued to March 3,2015 by Acclamation
218
City Commission Memorandu m
Report of Land Use & Development Commiltee Meeting of February 18, 2015
Page 3 of 4
6. DISCUSSION REGARDING SEAWALL HEIGHT STANDARDS AND ITS IMPACT ON
SINGLE FAMILY HOME DEVELOPMENT.
(RETURNING FROM THE JANUARY 2{, 2015 LUDG MEETING
SPONSORED BY CITY COMMISSION
DECEMBER 17. 2014 CIry COMMISSION MEETING, ITEM RgI)
AFTER.AGTION:
Comlnissioner Malakoff made remarks on the completed Sea Wall at lOth and Bay Road.
Eric Carpenter made a presentation on completed Sea Walls within the City.
Members of the public addressed the Committee.
The item was discussed by the Committee.
No further action was taken by the Committee.
7. DISCUSS THE MODIFICATION OF SPEGIAL EVENT PERMIT CRITERIA ON OCEAN
DRIVE BETWEEN gTH AND 12TH STREETS.
(RETURNING FROM THE JANUARY 21,2015 LUDC MEETING
SPONSORED BY GITY COMMISSION
DECEMBER 17. 2014 CITY COMMISSION MEETING, ITEM RgO)
VERBAL REPORT
AFTER.ACTION:
Commissioner Malakoff expressed concerns that special events on Ocean Drive should take
place only on private property and not on Ocean Drive.
Members of the public addressed the committee.
No further action was taken by the committee.
8. DISCUSSION REGARDING CHARGING STATIONS FOR PLUG.IN VEHICLES.
(spoNSoRED BY GOMMTSSIONER MICKY STEINBERG
JANUARY 14. 20{5 GITY COMMISSION MEETING, ITEM G4I)
AFTER.ACTION:
Betsy Wheaton introduced the item.
Saul Frances provided details on existing charging stations.
Members of the committee discussed the item.
MOTION: Continued to March 3,2015 by Acclamation
9. REFERRAL TO THE PLANNING BOARD AND LAND USE AND DEVELOPMENT
COMMITTEE OF A COMPANTON ITEM TO THE PARKING PLAN FOR
CONSTRUCTION WORKERS ORDINANCE.
(SPoNSORED BY COMMISSIONER MICHAEL GRIECO)
FEBRUARY 11. 2015 CITY COMMISSION MEETING, ITEM C4H)
AFTER.ACTION:
Eve Boutsis provided an overview of the item.
Members of the committee discussed the item.
MOTION: ET/JM (2-0)
Recommendation that the Planning Board endorse the item.
219
City Commission Memorandum
Report of Land Use & Development Committee Meeting of February 18, 2015
Page 4 of 4
10. DISCUSSION OF PROPOSED AMENDMENTS TO THE CITY CODE PERTAINING TO
ADDITIONAL RESTRICTIONS AND AN INCREASE IN FEES FOR SINGLE FAMILY
LOT SPLIT APPLICATIONS.
(SPoNSORED BY Crry COMMTSSTON
FEBRUARY 11. 2015 CITY COMMISSION MEETING, ITEM C4I)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney introduced the item.
Commissioner Joy Malakoff discussed a series of recommendations regarding limitations
that should be included for single family lots that are split, including a 40o/o limitation on unit
size, and a25o/o limitation on lot coverage for new homes.
MOTION: Continued to April 29,2015 by Acclamation
11. DISCUSSION REGARDING SEAWALL CONDITIONS, ENCROACHMENTS
INTO PUBLIC PROPERW FOR PRIVATE USE.
(SPoNSORED BY Crry COMMTSSTON
FEBRUARY 1I. 20{5 CIry COMMISSION MEETING, ITEM C4J)
AFTER.AGTION:
Eric Carpenter introduced the item.
Members of the committee discussed the item.
MOTION: Continued to March 3,2015 by Acclamation
12. DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO GHAPTER
142 RELATING TO PROPOSED DEFINITION FOR ENTERTAINMENT.
(SPoNSORED BY COMMTSSIONER MTCHAEL GRTECO
FEBRUARY 11.2015 CIry COMMISSION MEETING, ITEM C4K)
VERBAL REPORT
AFTER.ACTION:
Commissioner Grieco provided an overview of the recommendation.
Members of the public addressed the Committee.
Commissioner Tobin indicated that he was voting to move the item forward but not
endorsing it.
MOTION: ET/JM (2-0)
Motion to recommend that the City Commission refer the item to the Planning Board as
amended.
The Meeting Adjourned at 4:40 PM
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OFFICE OF THE CIry MANAGER COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City Cgfnmission
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBIECT: REPORT OF
MEETING ON
THE NEIGHBOR ITY AFFATRS COMMTTTEE (NCAC)
FRIDAY, February 27, 2015
A meeting of the Neighborhood/Community Affairs Committee was held on Friday,
February 27, 2015 at 2:00pm in the Commission Chamber, 3rd Floor of City Hall.
Commissioners in attendance: Commissioners Joy Malakoff, Michael Grieco and Ed
Tobin, and Micky Steinberg. 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 ODPI)
AFTERACTION
Leslie Rosenfeld, Chief Learning and Development Officer and lraida Mendez, from the
Office of lntergovernmental Affairs for Miami-Dade County Public Schools, presented the
item. Rene Bellmas, principal of Nautilus Middle School gave an update on the current action-
plan. He informed the Committee of allthe current improvements Nautilus Middle Schoolhas
made.
Commissioner Grieco inquired if the class sizes fall within the size allowed.
Rene Bellmas informed the Commissioner that there are only a handful of classes that are
overby 1 or2 students.
Commissioner Tobin inquired about the tutoring programs offered by Nautilus Middle School.
Rene Bellmas informed the Committee that 3 days out of the week ESOL students have
tutoring in reading, writing and math. For students that are not ESOL, there is Saturday
academy, which is held 1 1 Saturdays out of the school year.
Commissioner Tobin would like to discuss a better way to continuously monitor the progress
of Nautilus Middle School.
Commissioner Tobin and Commissioner Grieco both stated that they would like to see
conversations that discuss intangible items as well.
Members of the public addressed the Committee.
NO ACTION TAKEN
2. Discussion Regarding Artist and Non-Profit Vendor Ordinances.
Item C4P, April25, 2015
(Requested by Planning Depaftment)
AFTERACTION
Thomas Mooney, Planning Director presented the item. Thomas Mooney suggested
repealing the ordinance.
Commissioner Steinberg stated that she had some concerns regarding repealinq this
Agendaltem CbC
oate 1-l (-tI223
3.
ordinance. Commissioner Steinberg is afraid that if it is repealed it will turn into chaos.
Commissioner Steinberg suggested suspending the ordinance for6 months and then seeing
how it affects the regulation of vendors.
Raul Aguilar, City Attorney suggested that the Panning Department and City Attorney's Office
work together to restructure the ordinance.
Commissioner Tobin expressed the importance of this ordinance to allow the regulation of
what is sold.
Commissioner Grieco inquired why the City has to provide anyone the ability to be a street
vendor.
Robert Rosenwald, Assistant City Attorney stated that yes; the City has to allow this due to
First Amendment rights.
Members of the public addressed the Committee.
DIRECTION: By Commissioner Tobin to have this item brought back in May once the
Planning Department and the City Attorney's Office meet and restructure the ordinance.
Discussion Regarding Adding Pride/Rainbow Golors To The Street Signs From 1Oth to
12th Streets On Washington/Collins/Ocean, As PerThe Recommendation Of The LGBT
Business Enhancement Committee.
Item C4P, July 23, 2014
(Req uested by Com missioner Steinberg)
AFTERACTION
Jose Gonzalez, Transportation Director presented the item. Jose Gonzalez stated that the
Transportation Department met with the GLBT committee and they were to presented their
suggestions regarding the placement of the rainbow street sign toppers.
NO ACTION TAKEN.
Discussion Regarding An Update On The PIans For The Par 3 Park.
Item C4F, December 17, 2014
(Req uested by Commissioner Weithorn)
AFTERACTION
John Rebar, Parks and Recreation Director updated the Committee. John Rebar stated that
Planning is fine-tuning the plans for the Par 3 Park and on March 11th, the item will go the
Commission in order to approve CIP to issue an RFP.
Commissioner Tobin also asked John Rebar to look at the soil that is being dumped in the
Bayshore Golf Course.
Members of the public addressed the Committee.
John Rebar stated that there will be a meeting with the neighborhood at the Scott Rakow
Youth Center with planning and once a final contractor is chosen to build the park and
additional meeting will be held.
DIRECTION: by Commissioner Tobin to have Administration send out an LTC stated what is
being done in conjunction with DERM about the polluted fill at Par 3. ln addition to sending
the LTC to the Commissioner, have the LTC sent to also the Homeowner Associations in the
area.
5. Discussion Regarding Potential Solutions At The lntersection Of lTStreet And Alton
Road.
Commission ltem R9Q, July 23, 2014
(Req uested by Com m issioner G rieco)
AFTERACTION
Jose Gonzalez, Transportation Director presented the item and also distributed a handout
that illustrates their recommendation. The alternative that is being recommended would add a
southbound left turn lane at the intersection and it also adds a dedicated southbound right
4.
224
6.
turn lane.
The Committee agreed that the potential solutions presented are wonderful.
NO ACTION TAKEN.
Discussion Regarding Art On The Beach.
Item C4L, June 11,2014
(Requested by Mayor Levine)
AFTERACTION
Max Sklar, Tourism, Culture and Economic Development Director gave a brief background
regarding the item. Max Sklar informed the Committee that the Art in Public Places Board
voted unanimously against placing art on the trashcans that are on the beach. Max Sklar
stated that due to the wear and tear on the trashcans, this would not be feasible.
Commissioner Grieco also stated that he does not agree with placing art on the trash bins.
Commissioner Tobin also agreed with Commissioner Grieco that this is not a good idea.
Commissioner Tobin passed the gavelto Commissioner Steinberg.
MOTION: by Commissioner Tobin to not move fonruard with this item.
Seconded by Commissioner Grieco.
Members of public addressed the Committee.
Discussion Regarding The Conceptual ldeas Relating To Monument Island.
Item C4E, January 14,2015
(Requested by Parks and Recreation)
AFTERACTION
John Rebar, Parks and Recreation Director and Rogelio Madan gave a presentation
regarding Monument lsland.
John Rebar stated that without staff being dedicated to monitoring Monument lsland, it does
not matter what is placed there without monitoring it will return to its current state.
Rogelio gave three different options for Monument lsland the first would be to restore it back
to its original state with a seawall included. The second suggestion would be to create a park
on Monument lsland that can only be accessed by a boat dock. The third suggestion would
be to relocate the monument and let Monument lsland go back to nature.
Commissioner Grieco stated that the monument is not the problem, the island is the problem.
The island attracts people that participate in illegal activity because it is not monitored.
Commissioner Grieco stated that option 1 is a great option except is would be too expensive.
Commissioner Grieco stated that the Committee needs to see some estimated on how
expensive these options are.
John Rebar stated that he would have to work with Police Department on how to monitor the
island.
DIRECTION: by Commissioner Tobin to have the Parks Department budget what it would
take to keep the island clean and safe.
Discussion Regarding Modification To The Code Relating To Seaewalls- !n Particular-
To Allow Enforcement ln Multifamily Districts, Not Just Single Family.
Item C4L, February 11, 2015
(Req uested by Comm issioner G rieco)
AFTERACTION
Robert Alborna, Code Compliance Assistant Director, and Eve Boutsis presented the item.
Eve Boutsis presented the Committee with a handout detailing this item. Modifying the code
would allow for the City to place signs and for all those that violate the code, they would be
towed.
Shawn Bryant, resident, presented the Committee a handout addressing the issue.
Members of the public addressed the Committee.
7.
8.
225
MOTION: by Commissioner Grieco to have this item move to Commission with positive
recommendation.
Seconded by Commissioner Tobin.
9. Discussion Regarding The Status Of City Funds Given To The Wolfsonian-FlU
Museum.
Item C4M, February 11,2015
(Requested by Commissioner Tobin)
AFTERAGTION
Max Sklar, Tourism, Culture, and Economic Development Director, along with Casey
Stendman, lnterim Co-Director for the Wolfsonian gave the presentation. Casey Stendman
informed the Committee that the Wolfsonian met with the City Manager in February.
Commissioner Tobin would like to know when the Wolfsonian can come back and give a date
when members of the public can go and see the permanent exhibits.
Casey Stendman stated that this is something he can present March 31st, 2015.
DIRECTION: by Commissioner Tobin to have the Wolfsonian come back to the
Neig h borhood/Comm u nity Affairs Committee meeti ng in April.
10. Discussion Regarding Administration's Exploration Of xG Technology lnc.
Item C4N, February 11, 2015
(Requested by Commissioner Tobin)
AFTERACTION
Ariel Sosa, lT Director briefly explained the xG Technology. The system would be bought by
the City; we would own it and xG Technology would maintain it. Representatives of xG
Technology addressed the Committee and gave a brief presentation about the services they
would like to provide. ln addition, they provided a handout to the Committee.
CommissionerTobin suggested that representatives from xG Technology meetwith individual
Commissioners in order to further explain the system.
DIRECTION: By Commissioner Tobin to have Administration facilitate xG Technology
representatives meet with individual Commissioner to further discuss the system they are
proposing and have the item brought back to the Neighborhood/Community Affairs
Committee once they have met with all interested Commissioners.
11. Discussion Regarding The Lack Of Available Public Parking At 46th And Collins
Avenue.
Item C4O, February 11, 2015
(Req uested by Commissioner Stei n berg)
AFTERACTION
Monica Beltran, Assistant Parking Director presented this item to the Committee.
Commissioner Steinberg stated that this item is a lengthy conversation because it is a
constant problem.
Commissioner Steinberg stated that she would be willing to sit with Saul Frances, Parking
Director and Monica Beltran to discuss resolutions to this issue.
Kathie Brooks, Assistant City Manager, stated that transportation is working at implemented a
Mid-Beach shuttle, this will help with the parking situation.
DIRECTION: by Commissioner Tobin to defer this item to the March meeting.
12. Discussion Regarding Status Of Beach Chair Lock Boxes For Valuables.
Item C4P, February 11 , 2015
(Requested by Commissioner Tobin)
226
AFTERACTION
Max Sklar, Tourism, Culture and Economic Development Director and Steve, from Boucher
Brothers presented the item. Max stated that effective next week, the PSA promoting the
lockers will be aired.
Commissioner Tobin inquired how fast something can be established.
Steve and Max Sklar both stated that it could be done immediately.
DIRECTION: by Commissioner Tobin to have this item brought back in March with a
proposal.
13. Monthly Crime Statistics Report.
Commission ltem R9D, April 13,2011
(Requested by Commissioner Tobin)
AFTERACTION
Mark Causey, Police Major gave the update, and presented the Committee with a
handout that presented statistics. He stated that there has been a drop in
robberies, which is a great accomplishment.
Commissioner Tobin stated that he would support the use of cameras in high
crime areas.
Mark Causey informed the Committee that on the next budget request, cameras
are on the list.
NO ACTION TAKEN.
MOTION: By Commissioner Grieco to adjourn the meeting at 4:26pm.
Seconded by Commissioner Tobin.
227
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228
TO
u,i,i,f) l'r",rn1 iBf AC}.-l
OFFICE OF THE CIry MANAGER COMMITTEE MEMORANDUM
SUSTAINABILITY AND RESILIENCY COMMITTEE
Commissioner Michael Grieco, Chair
Commissioner Micky Steinberg, Vice-Chair
Commissioner Deede Weithorn,ber
Commissioner Joy Malakoff,
Jimmy L. Morales, City Manager
March 4,2015
MEETING OF THE SUSTAINAB rTY AND REStLtENCy COMMTTTEE (SRC) ON
FROM:
DATE:
SUBJECT:
WEDNESDAY, FEBRUARY 18, 20
A meeting of the Sustainability and Resiliency Committee was held on Wednesday, Febru ary 1g,2015 in the Commission Chambers,3rd Floor of City Hall. Commissioners in attendance:
Commissioners Michael Grieco, Micky Steinberg, Deede Weithorn, and Joy Malakoff. Members from
the administration and the public were also in attendance
The meeting was called to order at 1:05 pM
OtD BUS,,VESS
1. Mayor's Blue Ribbon Panel on Flooding and Sea Rise Update
AFTER-ACTION
Scott Robins, Committee Chairman presented the item. He gave an overview of the Blue Ribbon
Panel and its objectives. Scott Robins stated that the panel is working on obtaining a portal or
informative website that would provide residents with the purpose of ill ongoing pr6jects.
Commissioner Weithorn expressed concerns over the proper inspection and maintenance of the
main infrastructure systems. She added that it is necessary to have an expected lifespan that is aguide for future improvements.
MOTION: NO ACTION TAKEN
2. Sustainability Committee Update - January 22,2015
Margarita Wells, Environmental Resources Manager, provided an update on the January 22,
201 5 Sustainability Committee meetings.
MOTION: NO ACTION TAKEN
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities,rwiew any document or participate in any city-sponsored proceeding, please contact 305-604-24gg (voice) or 305-673-721iinitiate your request. TTY users may also call 71 1 (Florida Relay Service).
Agenda ltem
Date
cbD
3-'l-t5229
NEI4IBUS'NESS
3. Referral to consider alternative trash receptacles in high-traffic areas.
Commission ltem C4C, January 27, 2015
(Requested by Commissioner Grieco)
AFTER.ACTION
Al Zamora, Sanitation Director presented the item and provided a series of possible receptacle
options. He recommended obtaining aluminum or stainless steel to ensure the longest lifespan.
Commissioner Malakoff inquired about whether the units can be powder coated to extend the life
of current cans.
Al Zamora responded that in that particular environment, powder coating is not the solution. He
added that the option of utilizing Big Belly Solar for compacting receptacles will not work due to the
heat, in which odor can potentially become a problem.
Members of the public addressed the committee and recommended that the City consider utilizing
Big Belly trash receptacles which will hold a larger volume of trash through compacting it. Sensori
on the container will give alerts to staff when it is full and ready to be picked up.
Commissioner Weithorn expressed concerns over the use of advertising to offset receptacle
costs.
MOTION: Commissioner Grieco deferred the item to the March 25,2015, SRC meeting and
requests an open forum for public and private entities to present different receptacle
options.
4. Referral regarding use of benches and other outdoor furniture created from recycled
materials.
Commission ltem C4A, January 27, 2015
(Requested by Commissioner Grieco)
AFTER.ACTION
Elizabeth Valera, Parks and Recreation Deputy Director presented the item. She stated the
current benches are not 100o/o recycled materials. The wooden slats are made from recycled
materials and the frame is aluminum. This option helps mitigate corrosion. She presented an
alternative product that has recycled slats and that is customizable as well as powder coated.
She added that this product is costlier but the expected lifespan is longer.
Commissioner Weithorn recommended that Parks and Recreation ensure that the new design is
able to deter the homeless population and that the Police Department is given the chance to
provide their input.
MOTION: NO ACTION TAKEN
Referral regarding sanitation street teams, schedules and overall approach to street lifter
collection.
Commission ltem C4B, January 27, 2015
(Requested by Commissioner Grieco)
Al Zamora, Sanitation Director presented this item. He gave an overview of the street cleaning
procedures that the department carries out on a daily basis. He proposed the option of alternating
street parking in order to be able to properly clean streets without the use of blowers and other
noise causing machinery. This will also help deter litter from entering the waterways.
Commissioner Weithorn suggested piloting the concept in one area before moving on to a larger
scale.
230
Members of the public addressed the committee.
MOTION: NO ACTION TAKEN
Referral regarding storm drain grates and litter accumutation in the stormwater system.
Commission ltem RLg, February 11, 2015
(Requested by Mayor Philip Levine and Commissioner Grieco)
AFTER.ACTION
Mike Alvarez, Public Works Operations Director presented the item. He explained that a
customized storm grate manufacture came out to the city to take measurements of a couple of
locations. A pilot program will be initiated in which Public Works staff will be installing the storm
grates instead of outsourcing the project. Commissioner Grieco proposed the possibility of City
staff building the storm grates.
Mike Alvarez also gave an updated on the Alton Road project in which a 20" water main be
replaced from 43dStreet to 63'd Street He added that existing storm water pump station
contracts are 95o/o complete. There are currently 25 storm water pump stations and eighty more
will be installed over the span of 3-4 years.
Members of the public addressed the committee.
MOTION: NO ACTION TAKEN
Meeting adjourned at 2:40 PM
d^
.lvlrrEdwnrp
231
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232
c7
RESOLUT!ONS
233
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 Florida Department Of
Transportation For The Transportation Alternatives Program, ln The Approximate
Amount Of $1 Million, For The Beachwalk ll Project; And Retroactive Approval Of The
Following Actions: 2) Submittal Of A Grant Application To Firehouse Subs, ln The
Approximate Amount Of $20,000, For Emergency Management Equipment; 3) Submittal
Of A Grant Application To The Us Department Of Justice, Smart Policing lnitiative
Grant, ln The Approximate Amount Of $700,000; 4) Submittal Of A Grant Application To
Florida Department Of Transportation, For The Police Department's Highway Safety
Program, ln The Approximate Amount Of $374,000; 5) Submittal Of A Grant Application
To The Florida Office Of The Attorney General, ln The Approximate Amount Of
$100,000, For Victim Of Crime Act The Florida (VOCA) Funding; And, 6) Submittal Of
Fiscal Year 2015/16 Budget lssue Requests To The State Legislature; 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)
(ltem to be Submitted in Supplemental)
Agenda ftem C7^
Date Tll-l:TT-234
THIS PAGE INTENTIONALLY LEFT BLANK
235
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Approving and Authorizing an Agreement with the President and Fellows of Harvard
College for a two-year Sponsored Studio, in the amount of $99,998, payable over two years, to study
the impacts of and to sea level rise for coastal communities in South Florida.
Key lntended Outcome Supported:
Ensure reliable stormwater management and resiliency against flooding by implementing select short
and longterm solutions including addressing sea-level rise.
as one of the ways to improve the quality of life in Miami Beach.
Item Summa
The Harvard Graduate School of Design and the City of Miami Beach will be partnering on a two-year
sponsored studio designed to study the impacts of and potential responses to sea level rise for coastal
communities in South Florida.
The sponsored studio between the City and Harvard Graduate School of Design will examine the
implications of rising sea levels and increased storm events on the economy, ecology, infrastructure, and
identity of Miami Beach in relation to its metropolitan and regional contexts. The studio work will seek to
develop planning strategies to anticipate and mitigate present threats. As Miami Beach's coastal barrier
island forms one of the most recognizable and singularly valuable cultural landscapes in the world, this
studio promises to examine the potentials for ecological and infrastructural strategies as alternatives to
large single purpose engineering solutions. The two-year series of sponsored studios is anticipated to
begin in the Fall of 2015 and will involve leading academics and professionals from the fields of
architecture. landscape architecture, urban desiqn. and plannino.
AGENDA InEN C1 B
Financial lnformation:
Source
of
Funds
Amount Account
@
1 $99,998 To be determined annually during the
budget process
TOTAL $99,998
Financial lmpact Summary: N/A
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
MIAMIBEACH DArE 311- It236
MIAMI BEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
CO ION MEMORANDUM
TO:Mayor Philip Levine and Members the Ci mission
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND GITY COMMISSION OF THE CITY
AGREEMENT WITH THE PRESIDENT AND FELLOWS OF HARVARD
COLLEGE FOR A TWO.YEAR SPONSORED STUDIO, IN THE AMOUNT
OF $99,998, PAYABLE OVER TWO YEARS, TO STUDY THE IMPACTS
OF AND POTENTIAL RESPONSES TO SEA LEVEL RISE FOR COASTAL
COMMUNITIES IN SOUTH FLORIDA.
ADMINISTRATION REGOMMENDATION
Adopt the Resolution.
ANALYSIS
The Harvard Graduate School of Design and the City of Miami Beach will be partnering
on a two-year sponsored studio designed to study the impacts of and potential responses
to sea level rise for coastal communities in South Florida.
With its superb faculty and students, the Harvard Graduate School of Design (GSD) is
poised to lead design's global cause. By focusing on a combination of disciplines -
architecture, landscape architecture, and urban planning and design - the GSD is a
leader in alternative and sustainable futures. The school aims to create new
organizational structures, and new forms of collaboration to address the complexities of
contemporary global and environmental issues and solutions. Sponsored studios are
courses in any discipline or collaboration of disciplines that receive a donation from a
sponsor; they are very effective because they offer industry partners an infusion of fresh
ideas from next-generation designers and provide students access to real-world design
challenges.
The sponsored studio between the City and Harvard Graduate School of Design will
examine the implications of rising sea levels and increased storm events on the
economy, ecology, infrastructure, and identity of Miami Beach in relation to its
metropolitan and regional contexts. The studio work will seek to develop planning
strategies to anticipate and mitigate present threats. As Miami Beach's coastal barrier
island forms one of the most recognizable and singularly valuable cultural landscapes in
the world, this studio promises to examine the potentials for ecological and infrastructural
strategies as alternatives to large single purpose engineering solutions. The two-year
series of sponsored studios is anticipated to begin in the Fall of 2015 and will involve
leading academics and professionals from the fields of architecture, landscape
237
Commission Memorandum
Page 2
architecture, urban design, and planning. ln conjunction with the studio site visits, it will
also convene a scholarly and professional colloquium on site in Miami Beach, to gather
and synthesize the best available knowledge on this site and subject.
The Harvard Graduate School of Design propses the sponsored studio on South Florida
and Sea Level as a two-year teaching program. The work of the studio will be
documented and disseminated through studio reports and site visits. GSD will have
multiple opportunities to engage with donors, the media, and the public. The work will
focus exclusively on questions of sea level rise, and will address the specific work being
done by the City of Miami Beach. The final product will include bound documents,
published by Harvard documenting the problem, issues, best practices and potential
solutions. A copy of the agreement is attached as Exhibit "A".
The overall project budget is estimated at $500,000 over two years. Harvard Graduate
School of Design will commit $150,000 in teaching, research and administrative support
to the project in addition to the City's commitment of 999,998. Additionally, the Graduate
School of Design staff members have applied for an additional $250,000 from Harvard
University Alumni and Friends and the City administration has identified grant funding
sources, including the National Science Foundation to support this project. The city's
commitment of $99,998 will be allocated over two fiscal years, funding source to be
determined annually during the budget process.
CONCLUSION
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
approving and authorizing an Agreement with the President and Fellows of Harvard
College for a two-year Sponsored Studio, in the amount of $gg,gg8, payable over two
years, to study the impacts of and potential responses to sea level rise for coastal
communities in South Florida.
JLM/JWJMH
T:\AG EN DA\20 1 5\March\G rants Harvard Memo.docx
238
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL
FORM, THE ATTACHED AGREEMENT BETWEEN THE CITY AND
THE PRESIDENT AND FELLOWS OF HARVARD GOLLEGE FOR A
TWO.YEAR SPONSORED STUDIO, !N THE AMOUNT OF $99,998
PAYABLE OVER TWO YEARS, TO STUDY THE IMPACTS OF AND
POTENTIAL RESPONSES TO SEA LEVEL RISE FOR COASTAL
GOMMUNITIES IN SOUTH FLORIDA, SUBJEGT TO LEGAL REVIEW
AND FORM APPROVAL OF THE FINAL AGREEMENT BY THE CITY
ATTORNEY'S OFFICE.
WHEREAS, the Harvard Graduate School of Design and the City of Miami Beach will be
partnering on a two-year sponsored studio designed to study the impacts of and potential
responses to sea level rise for coastal communities in South Florida; and
WHEREAS, with its superb faculty and students, the Harvard Graduate School of Design
(GSD) focuses on a combination of disciplines - architecture, landscape architecture, and urban
planning and design - and the GSD is a leader in alternative and sustainable futures; and
WHEREAS, the Harvard GSD aims to create new organizational structures, and new
forms of collaboration to address the complexities of contemporary global and environmental
issues and solutions; and
WHEREAS, sponsored studios are courses in any discipline or collaboration of
disciplines that receive a donation from a sponsor; they are very effective because they offer
industry partners an infusion of fresh ideas from next-generation designers and provide students
access to real-world design challenges; and
WHEREAS, the sponsored studio between the City and the Harvard GSD will examine
the implications of rising sea levels and increased storm events on the economy, ecology,
infrastructure, and identity of Miami Beach in relation to its metropolitan and regional contexts.
The studio work will seek to develop planning strategies to anticipate and mitigate present
threats; and
WHEREAS, as Miami Beach's coastal barrier island forms one of the most recognizable
and singularly valuable cultural landscapes in the world, this studio promises to examine the
potentials for ecological and infrastructural strategies as alternatives to large single purpose
engineering solutions; and
WHEREAS, the two-year series of sponsored studios is anticipated to begin in the Fall of
2015 and will involve leading academics and professionals from the fields of architecture,
landscape architecture, urban design, and planning. ln conjunction with the studio site visits, it
will also convene a scholarly and professional colloquium on site in Miami Beach to gather and
synthesize the best available knowledge on this site and subject; and
WHEREAS, the Harvard GSD propses the sponsored studio on South Florida and Sea
Level as a two-year teaching program and the work of the studio will be documented and
239
disseminated through studio reports and site visits and the Harvard GSD will have multiple
opportunities to engage with donors, the media, and the public; and
WHEREAS, the work will focus exclusively on questions of sea level rise, and will
address the specific work being done by the City of Miami Beach. The final product will include
bound documents, published by Harvard documenting the problem, issues, best practices and
potential solutions; and
WHEREAS, a copy of the proposed Agreement between the City of Miami Beach and
the President and Fellows of Harvard College for the two-year sponsored studio project is
attached as Exhibit "A"; and
WHEREAS, the overall project budget is estimated at $500,000 over two years and the
Harvard GSD will commit $150,000 in teaching, research, and administrative support to the
project in addition to the City's commitment of $99,998 and, additionally, the Graduate School
of Design staff members have recently applied for an additional $250,000 from Harvard
University Alumni and Friends and the City Administration has identified grant funding sources,
including the National Science Foundation to support this project; and
WHEREAS, the City's commitment of $99,998 will be allocated over two fiscal years,
with the funding source to be determined annually during the budget process.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE C!ry OF MIAMI BEACH that the Mayor and City Commission hereby approve, in
substantial form, the attached agreement between the City and the President and Fellows of
Harvard College for a two-year sponsored studio, in the amount of $99,998 payable over two
years, to study the impacts of and potential responses to sea level rise for coastal communities
in South Florida, subject to legal review and form approval of the final agreement by the City
Attorney's Office.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
JLM/JWJMH
T:\AG E N DA\20 1 S\March\Grants Harvard Memo.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t- 4' {5
---Dote
240
EXH I BIT A
AGREEMENT
between
City of Miami Beach,
and
President and Fellows of Harvard College
This Firm Fixed Price Agreement ("Agreement") is entered into by and between City of Miami Beach
with offices located at City of Miami Beach, 1700 Convention Center Drive, Miami Beach, FL 33139
("Sponsor") and the President and Fellows of Harvard College, with offices located at Smith Campus
Center, Suite 600, 1350 Massachusetts Avenue, Cambridge, MA 02138 (,,Harvard,,).
In addition to the terms and conditions contained herein, the following documents are incorporated hereto
and made a part of this Agreement:
Attachment 1: Scope of Work
Attachment 2: Budget
Period of Performance
The Period of Performance of this Agreement is 1 July, 2015 - 30 June 2017 ("Agreement End Date")
unless modified in accordance with Article 12.
Firm Fixed Price
The firm fixed price for Harvard's good faith performance of the Scope of Work is $99,998 ("Total
Cost") to be disbursed in accordance with the following payment schedule:
- S 49 ,999 USD due upon execution of this agreement but no later than 3 I January 20 I 5.
-$ 49,999 USD due December 31,2015
Notices
Notices shall be forwarded to:
Harvard Technical and Administrative Contacts
Harvard Principal Investigator
Charles Waldheim
John E. Irving Professor of Landscape Architecture and Chair of the Department of Landscape
Architecture
Harvard University, Graduate School of Design
48 Quincy Street
Cambridge, MA 02138
Tel: 617 -495-2367
eMail : waldheim@gsd.harvard.edu
Harvard Administrative Contact
Heather Carey
Senior Grants and Contracts Specialist
Office for Sponsored Programs
Richard A. and Susan F. Smith Campus Center, Suite 600
1350 Massachusetts Avenue
Cambridge, MA 02138
Tel: 617-496-0232
Fax: 617-496-2524
eMail : heather_carey@harvard. edu
Ver. 8.5.14 I
241
Sponsor Technical and Administrative Contacts
Sponsor Program Director
Jimmy L. Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
j immymorales@miamibeachfl . sov
305-673-7010
Sponsor Administrative Officer and Authorized Signatory
Same as above.
Other Terms and Conditions
1. Either Party may elect to terminate this agreement, providing that it gives advance notice to the
other Party, in writing, a minimum of 30 (hirry) days prior to date of termination. In the event of
early termination of the project, Harvard shall be entitled to reimbursement in full for the costs
incurred up to the date of such termination and for costs incidental to the orderly liquidation of its
services, including those non-cancelable obligations properly incurred prior to the effective date
of termination.
Ownership of all materials developed by Harvard pursuant to this Agreement shall reside with
Harvard. Harvard agrees to grant to Sponsor a royalty-free, worldwide, nonexclusive, irrevocable
license to use, reproduce, disseminate and dispose of said material for non-commercial, academic
or research purposes only.
Each party shall be responsible for its own negligent acts or legal wrong-doing and the negligent
acts or legal wrong-doing of its employees, officers, and director.
Neither Party shall use the name, emblem or official seal of the other in any form of advertising
or promotion without the prior written approval from an authorized representative of the Party
whose name is requested to be used. The Parties may, however, reference Sponsor's support for,
and the nature oi the Scope of Work being pursued under this Agreement. In any such statement,
the relationship ofthe Parties shall be accurately and appropriately described. The parties agree to
obtain approval from the other party prior to issuing press releases using the other party's logo in
any manner. The identification, statement, or display of Harvard's name in any way that may
reasonably be interpreted as implying endorsement, approval or sponsorship by the Harvard or
one of its units, requires prior written approval from Harvard.
Neither party shall be liable for any failure to perform its obligations, or delay in the performance
thereof as a result offorce majeure, meaning any event or cause beyond their reasonable control,
including but not limited to governmental regulations, fire, flood, earthquake, elements of nature
or acts of God, labor disputes, political instability, acts of war, terrorism, riots, civil disorders or
rebellions or other revolutions.
Neither party to this Agreement may assign this Agreement, or any rights or obligations hereunder,
without the prior consent of the other party except as expressly set forth herein. Any and all
assignments made without such consent shall be void.
2.
J.
4.
5.
6.
Ver. 8.5.14
242
7.
8.
For the purposes ofthis Agreement and all services to be provided hereunder, each party shall be
an independent contractor and not an agent or employee of the other party. Neither party shall
have authority to make any statements, representations or commitments of any kind, or to take
any action which shall be binding on the other party, except as may be explicitly provided for
herein or authorized by the other party in writing.
THE PARTIES ACKNOWLEDGE THAT THE WORK IS FOR RESEARCH PURPOSES
ONLY, AND THAT HARVARD MAKES NO WARRANTIES OR REPRESENTATIONS
WHATEVER CONCERNING THE WORK OR ANY WORK PRODUCT, WITHOUT
LIMITING THE FOREGOING, ALL WARRANTIES WITH RESPECT TO THE WORK AND
WORK PRODUCT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED.
9. Educational lntent: Design Studios and Research Seminars at the Harvard Graduate School of
Design have as their fundamental goal the instruction of students and their scholarly
development. Students are encouraged to approach these courses with an open mind,
unconstrained by specific objectives or defined products. While work performed in the classroom
by either the students or the instructors does not constitute professional services, experience has
shown that the body of the students' work often reveals informative and innovative insights into
those design problems and opportunities facing licensed professionals. The GSD provides no
institutional endorsement of the work or of the sponsor.
10. Any form of discrimination based on race, color, gender, sexual orientation, religion, age,
national or ethnic origin, political beliefs or disabilities is contrary to the policies and principles
of Harvard University, and shall be grounds for Harvard's withdrawal from the program.
I 1. The parties agree that this Agreement shall be governed by the laws of the Commonwealth of
Massachusetts and the United States.
12. This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all prior oral or written agreements, commitments or
understandings with respect to the matters provided for herein. No amendment, modification or
discharge of this Agreement shall be valid or binding unless mutually agreed-upon in writing and
signed by both parties.
On behalf of the President and Fellows
of Harvard College:
Date:
/--) /--_ 714 -Jz:L< 2015.01.14 Nc
Ni / / /n&ve.M*
OfioiorlpfrpqnilDate: _O5,OO,
On behalf of the City of Miami Beach
Name:
Title:
Date:
Ver. 8.5.14
243
N)
[p' Harvard UniversityV Graduate Schoolof Design
Sponsored Studio on South Florida and Sea Level:
Adaptive Strategies for Green lnfrastructure, Landscape Ecology, and Cultural Heritage
Between
Sponsor:
City of Miami Beach
And
Principal lnvestigator:
Charles Waldheim
John E. lrving Professor of Landscape Architecture and Chair of the Department of Landscape Architecture
Harvard University, Graduate School of Design
48 Quincy Street
Cambridge, MA 02138
Overview
The Harvard Graduate School of Design and the City of Miami Beach are partnering on a two-year
sponsored studio designed to study the impacts of and potential responses to sea level rise for coastal
communities in South Florida. This studio will examine the implications of rising sea levels and increased storm
events on the economy, ecology, infrastructure, and identity of Miami Beach in relation to its metropolitan and
regional contexts. The studio work will seek to develop planning strategies to anticipate future potentials, and
to mitigate present threats. As Miami's coastal barrier islands form one of the most recognizable and singularly
valuable cultural landscapes in the world, this studio promises to examine the potentials for ecological and
infrastructural strategies as alternatives to large single-purpose engineering solutions. The two-year series of
sponsored studios will begin in Fall 2015 and will involve leading academics and professionals from the fields of
architecture, landscape architecture, urban design, and planning. ln conjunction with the studio site visits, it
will also convene a scholarly and professional colloquium on site in Miami Beach to gather and synthesize the
best available knowledge on this site and subject. The work of the studio will be documented and disseminated
through studio reports, one following each studio, and through a final half-day event on site in Miami Beach.
The topic of urban adaptation to the effects of climate change is among the more pressing areas of
research for those engaged in the built environment. Over the past several years the North American discourse
on the subject has sensibly focused on the significant case studies of New Orleans post Katrina and New York
post Sandy. Both of these cases have engendered a range of public discourse, planning proposals, and design
strategies for living with the ongoing reality of increased storm events, rlsing sea levels, and a host of secondary
and tertiary effects associated with the new reality. ln each of these cases the design disciplines have been
central to the projection of alternative futures for these vulnerable major metropolitan centers. More recently,
Boston has been the focus for equivalent studies of storm effects, urban infrastructure, and planning for a more
resilient future. While each of these cases have provided unique contexts for the advancement of disciplinary
knowledge, professional practices, and societal engagement with the subject of urban adaptation to sea level
rise, they have reinforced a tendency toward the defense of relatively densely concentrated urban
agglomerations through the deployment of large hydrological engineering systems. By contrast, much of the
North American coastline, and its associated urbanization resist such approaches by the realities of their
geography, hydrology, and patterns of urbanization. Among the more extreme cases in this regard is the
present status and uncertain future of South Florida.
244
Harvard University
Graduate School of Design
This proposal seeks support for a two-year teaching program examining questions of urban
adaptation to sea level rise in the context of the low-lying barrier island geography, complex water
infrastructure, and vulnerable natural ecologies of southeast Florida. Using the vehicle of Miami Beach as a case
in point, this work of the studios will examine the implications of sea level rise and increased storm events on
the horizontal urbanism of metropolitan Miami and its numerous municipalities and communlties. Among
those communitles, Miami Beach presently experiences multiple occurrences of so-called blue sky flooding,
that is, flooding In the absence of a storm event. The City of Miami Beach has recently convened a blue-ribbon
panel to advise the Mayor's Office on this issue, and the City is in the midst of a multi-million dollar upgrade to
its drainage infrastructure. This important infrastructural upgrade is planned to mitigate the most immediate
impacts of seasonal flooding. This work can do little to apprehend the larger impacts of sea level rise on the
economies, ecologies, cultures, and communities in its wake. The low-lying coastal conditions and singular
cultural heritage of Miami Beach resist the types of massive civil engineering projects that have recently been
proposed for London, Venice, or other major international examples. Given the reliance of South Florida's
economy and identity upon the specific landscape conditions of Miami Beach, this research project proposes to
use the frameworks of green infrastructure, landscape ecology, and cultural heritage as potential responses to
looming threats associated with climate change.
The Harvard Graduate School of Design proposes the Sponsored Studio on South Florida and Sea
Level as a two-year teaching program. The studios will be led by Pl, Charles Waldheim, and will engage GSD
students across the disciplines of architecture, landscape architecture, urban design, and planning, as well as
students enrolled in the advanced studies and doctoral programs. The Pl will partner with the City of Miami
Beach as sponsor of these studios. The studios, their related site visits, colloquium and studio reports will
gather leading experts from various disciplines and professions in South Florida, and it will convene participants
for discussions of these subjects. The work of these studios will synthesize the best practices and compelling
cases pertaining to this subject internationally, and will propose strategies and solutions for mitigating the
impacts of sea level rise in this context. While many of the social and natural sciences have examined South
Florida in the context of sea level rise over the past decade, the studios will represent the first large
engagement of its kind in which the design and planning disciplines synthesize this knowledge for use in
projecting potential solutions to these challenges. As the leading design school in the world, the Harvard GSD is
uniquely positioned to convene and successfully orchestrate such an interdisciplinary two-year teaching and
research program.
The scope of this proposal is conceived along three parallel and interwoven tracks. First, the Pl will
organize two interdisciplinary design studios, using Miami Beach as a case in the broader questions around
urban adaptation to sea level rise. Through these courses, GSD candidates and students from across campus
will be exposed to a range of subjects attendant to the topic, and will be invited to propose strategies and
solutions for mitigating the impacts of climate change on the communities of South Florida through the lenses
of green infrastructure, landscape ecology, and cultural heritage. The studios will each include a site visit for the
Pl and students, as well as an initial site visit by the Pl and research assistant in order to lay the groundwork for
the studio. Second, the Pl will orchestrate two meetings in South Florida on the subject of urban adaptation to
sea level rlse. These will begin with a colloquium gathering local knowledge and regional centers of research on
the subject in 2015-16, and will conclude with a public presentation of the studios'findings in Miami in 2016-
17. Third, the Pl in conjunction with his research assistant (1 each year) will synthesize the findings of the
studios and its various outputs, and will be responsible for disseminating the work of the studios in two studio
reports, one following each studio.
245
Harvard University
Graduate School of Design
Deliverables
2015-16
. option studio including trip to Miami for 13 students and 1 faculty and trip to Cambridge for 3 guest
critics
colloquium in Miami during field trip to discuss this work
studio report
option studio including trip to Miami for 13 students and L faculty & trip to Cambridge for 3 guest
critics
public event in Miami during field trip to discuss this work
studio report
a
a
20t6-17
a
a
a
Timeline
Two academic years
2015-16 and20t5-t7
December 2074
Agreement in place
Spring 2075
Public announcement
Foll 2075
lnitial Site Visit (Pl + research assistant)
lnterdisciplinary Design Studio, including site visit (Pl + 13 students)
Final Studio Reviews, including 3 guest critics
Studio Report
Spring 20L5
Colloquium (half-day) at Miami Beach (30 ppl)
Fall 2016
lnitial Site Visit (Pl + research assistant)
lnterdisciplinary Design Studio, including site visit (Pl + 13 students)
Final Studio Reviews, including 3 guest critics
Studio Report
Spring 2017
Public Event (half-day) at Miami Beach (50 ppl)
We envision a 2-year resea rchlteachlng effort with a total budget of 599,998, span ning a project period of 9.1.2015 -
8.3L.2OL7. A budget is attached.
246
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247
COMMISSION ITEM SUMMARY
ndation:
As part of the City's Education Compact, the City agreed to identify funding for annual
lnternational Baccalaureate Program operating costs that include required annualfees, ongoing
teacher training, coordinator supplements, books, extra teaching period supplements, and annual
exam registration and fee per student for the Diploma Program. Developed with significant
community input, the Compact reflects the desire of the Miami Beach community to support
excellence in their schools and an investment in the overall enhancement of education for its
residents. Enhanced student achievement includes a seamless curriculum of advanced studies
through the lnternational Baccalaureate (!B) Program from Pre-Kindergarten through twelfth
grade. ln March 2009, the City collaborated with the lnternational Baccalaureate Organization to
provide a professional development workshop for approximately 500 teachers in Miami Beach
public schools to support the implementation of the lB Primary Years Program, Middle Years
Program, and Diploma Program. The City continues to support professional development of
teachers across Miami Beach to ensure every child has equal access to the lB programs. To
sustain the lB programs in Miami Beach, and to increase the numberof students seeking the lB
Diploma at the high school level, the City will collaborate with the lnternational Baccalaureate
Organization and Miami-Dade County Public Schools to provide a professional development
workshop for approximately 150 teachers. The Administration recommends the approval of this
Resolution authorizing the City Manager to negotiate and execute an agreement with
lnternational Baccalaureate ("1B") Organization for professional development district workshop
supporting the Miami Beach lnternational Baccalaureate Primary Year Programs, Middle Years
Proqrams. and Diploma Proqram.
Financial lnformation:
Source of
Funds:
Amount Account Approved
1 s100,000 011-9322-000312
Clerk's Office lative T
Dr. Leslie Rosenfeld, Chief Learning Development Office ,/
v
frGENDA fiEX_C1L
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Authorizing The City Manager To Negotiate And Execute An Agreement With lnternational
Baccalaureate ("1B") Organization For Professional Development District Workshop
Supporting The Miami Beach lnternational Baccalaureate Primary Year Programs, Middle
Year Programs, And Di
Achieve Educational (K-12) Excellence and !nduce Public School Accountability Mainly at
the Middle School
Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Survey, 75o/o of
respondents with children in public schools were either very satisfied or satisfied with the
City's public schools compared to g0% in 2012, 51o/o in 2007 and 53% in 2005. 760/o of low-
income lnternational Baccalaureate diploma graduates go on to get a 4-year degree,
red to 69% in Miami-Dade Public Schools and 63% at Miami Beach Senior H
o*re 3-ll- l-f# IINIAMIBEACH 248
I9l 5 . 2015
MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and of the City
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MAYO CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH INTERNATIONAL
BACCALAUREATE ("t8") ORGANIZATTON FOR PROFESSTONAL
DEVELOPMENT DISTRICT WORKSHOP SUPPORTING THE MIAMI BEACH
I NTERNATIONAL BACCALAU REATE PRIMARY YEAR PROG RAMS, MI DDLE
YEAR PROGRAMS, AND DIPLOMA PROGRAM.
ADM!NISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
As part of the City's Education Compact, the City agreed to identify funding for annual
lnternational Baccalaureate Program operating costs that include required annual fees,
ongoing teacher training, coordinator supplements, books, extra teaching period
supplements, and annual exam registration and fee per student for the Diploma Program.
Developed with significant community input, the Compact reflects the desire of the Miami
Beach community to support excellence in their schools and an investment in the overall
enhancement of education for its residents. The areas of focus in our Compact include:
teacher recruitment and retention, enhanced communication of education and community
events, family involvement and support as well as engaging youth and community, increase
the health and well-being of students, enhance student achievement, improve safety and
perceptions of safety in our schools, and improve access to technology. Enhanced student
achievement includes a seamless curriculum of advanced studies through the lnternational
Baccalaureate (lB) Program from Pre-Kindergarten through twelfth grade. To date,
approximately $440,718 has been expended forapplication fees, professionaldevelopment
for teachers, and other youth related activities. The following is the status of implementation
for each lB program:
Diploma Program as of Fall 2010. As an lB World School, approximately 82 percent
of those eligible in 2012, 89 percent of those eligible in 2013 and 65 percent of
those eligible in2Q14 received the lB Diploma. Currentlythere are 145 students in
the ninth grade seeking the lB Diploma, a 418 percent increase since the program
inception.
249
Commission Memorandum
March 11,2015
I nternational Baccalau reate Professional Development Workshop
Page 2 of 2
authorized to teach the lB MYP Program and attained authorization in 2011.
Fisher, and Treasure lsland Elementary are authorized lB schools as of February
2013. North Beach Elementary and South Point Elementary are in the process of
obtaining their five-year reauthorization.
PROFESSIONAL DEVELOPMENT WORKSHOP
Over the past several years, the City has been working with Miami-Dade County Public
Schools, to ensure every teacher in all public schools has received lB Professional
Development training, and other components of the Education Compact.
!n March 2009, the City collaborated with the lnternational Baccalaureate Organization to
provide a professional development workshop for approximately 500 teachers in Miami
Beach public schools to support the implementation of the lB Primary Years Program,
Middle Years Program, and Diploma Program. The City continues to support professional
development of teachers across Miami Beach to ensure every child has equal access to the
lB programs. To sustain the !B programs in Miami Beach, and to increase the number of
students seeking the !B Diploma at the high school level, the City will collaborate with the
lnternational Baccalaureate Organization and Miami-Dade County Public Schools to provide
a professional development workshop for approximately 150 teachers.
CONCLUSION
The Administration recommends the approval of this Resolution authorizing the City
Manager to negotiate and execute an agreement with lnternational Baccalaureate ("1B")
Organization for professional development district workshop supporting the Miami Beach
lnternational Baccalaureate Primary Year Programs, Middle Years Programs, and Diploma
Program. This approval will assist the Department in accomplishing its measurable
objectives linked to the City's Key lntended Outcomes to Achieve Educational (K-12)
and lnduce Public School Accountability Mainly at the Middle School.
.4
250
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM| BEACH, FLORIDA, AUTHORIZTNG THE
CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH INTERNATIONAL BACCALAUREATE
(,'lB") oRGANIZATION FOR PROFESSTONAL DEVELOPMENT
DISTRICT WORKSHOP SUPPORTING THE MIAMI BEACH
INTERNATIONAL BACCALAUREATE PR!MARY YEAR
PROGRAMS, MIDDLE YEAR PROGRAMS, AND DIPLOMA
PROGRAM.
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in education in the City's public schools and is an investment in the overall
enhancement of education for the City's residents; and
WHEREAS, as a result of the City's Education Compact with Miami-Dade County Public
Schools, all public schools in Miami Beach offer the IB program, which is internationally
recognized as a benchmark for education excellence and also fosters student participation in
community service; and
WHEREAS, the implementation of the lnternational Baccalaureate Program at Miami
Beach public schools depends on appropriate funding for a variety of operating costs such as
teacher training, and student books, supplies, and fees; and
WHEREAS, the enhancement to coordinate and host an lnternational Baccalaureate
(lB) professional workshop for instructional staff at Nautilus Middle and Miami Beach Senior
High School was approved during the FY 2015 budget process;
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 authorize the City Manager to negotiate and execute an agreement with
lnternational Baccalaureate ("1B") Organization for professional development district workshop
supporting the Miami Beach lnternational Baccalaureate Primary Year Programs, Middle Year
Programs, and Diploma Program.
PASSED AND ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine
Mayor
RafaelGranado
City Clerk
#noveoAsro
FORM &I-ANGUAGE
& FORE'(ECUTK)N
! r' o*.'L t.\!-ffiornev Dao
251
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The City Manager
To Approve And Execute SupplementalWork Orders With BDI Construction For Additional Scope Associated With
The Scott Rakow Youth Center lce Rink Utilizing The Existing NationalJoint Powers Alliance (NJPA) Contract ln The
Amount Of $16,379.09 With
ndation:
On August 14, 2014, Thornton Construction Company (TCC) submitted a GMP proposal for the additional scope of work
previously requested by Commission, in the amount of $456,715. This amount exceeded the City's proposed budget.
Negotiation with TCC took place in order to lower the construction amount. Several meetings were held and on August 22,
2014,TCC submitted a revised GMP proposal in the amount of $394,562. Since the City and TCC were not able to negotiate
a final GMP Amendment No. 2; and, in an effort to expedite the additional scope at Scott Rakow Youth Center lce Rink, the
National Joint Power Alliance (NJPA) lndefinite Quantity Contract (lQC) contract was utilized to procure the necessary
construction services, an alternate method of procurement.
On October 29,2014, the Mayor and the City Commission approved Resolution No. 2014-28806 authorizing the City Manager
to execute the work order with BDI Construction Company, in a not to exceed amount of $329,000, for the associated work at
the Scott Rakow Youth Center lce Rink to include new showers, lockers, multi-purpose room and skate rental area utilizing the
NJPA cooperative contract for construction services with the Gordian Group.
During the course of the project, several request for supplemental work orders were presented to the City for unforeseen
conditions and scope not included in the original proposal. BDI Construction Company submitted cost proposals totaling
$11,379.09 to furnish and install additional scope. The additional scope includes re-routing fire alarm conduits found in
existing wall and in conflict with new opening at men's and women's locker room, installation of new 2" empty conduit for
installation of voice/data cables for new multi-purpose room and skate rental room, re-routing of existing electrical conduits
found in existing demolished wall and relocated to adjacentwall to maintain lighting circuit homeruns, and installation of new
sub-electrical panel LC 100A to expand existing capacity of existing electrical panel (See Attachment A).
The Architect of Record, Bermello Ajamil & Partners, lnc., provided their assessment of the proposed costand submitted their
recommendation letter stating that the proposal submitted by BDI is fair and reasonable (see Attachment B).
The Parks & Recreation Department requested to provide windows on the south wall of the recently completed multi-purpose
room. The cost of the windows installation should not exceed $5,000.
The total additional scope shall not exceed the sum of $16,397.09. The total amount of the work order with BDI shall not
exceed $345,397.09.
The NJPA contract requires the Mayor and City Commission approval for any work order exceeding $250,000. On October 29,
2014,hhe Mayor and City Commissioned approved Resolution 2014-2880G and approved a notto exceed amount of $329,000
for the additional scope associated with Scott Rakow Youth Center lce Rink, since the requested amount of $16,397.09 will
increase the work order beyond the established threshold of $250,000 the administration is requesting thatthe Mayorand City
Commission approve the work.
The Administration recommends that the Mavor and Citv Commission approve the Resolution.
Financial I nformation:
Source of
Funds: N
d1'\>
Amount Account
1 $ 16,379.09 306-2054-069357 MB Quality of Life Resort Tax- 1o/o
2
3
Total $ 16,379.09
Build and maintain infrastructure with full accountabili
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that over 87% and
83% of City residents and businesses respectively, rated the appearance and maintenance of public buildings as excellent or
; and over 81% of residents rated
David Martinez, Director ext#6972
T:\AGENDA\201 Rakow - lce Rink NJPA - SUMMAR
NN IAAN IBEACH 252
r -e" ^f.I-,^.n
---E-
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members the City tsston
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MA
MIAMI BEACH, FLORIDA,
AND CITY COMMISSION OF THE CITY OF
THE CITY MANAGER TO
APPROVE AND EXECUTE SUPPLEMENTAL WORK ORDERS WITH BDI
CONSTRUCTION FOR ADDITIONAL SCOPE ASSOCIATED WITH THE
SCOTT RAKOW YOUTH CENTER ICE RINK UTILIZING THE EXISTING
NATIONAL JOINT POWERS ALLTANCE (NJPA) CONTRACT tN THE NOT TO
EXCEED AMOUNT OF $16,379.09 WITH PREVIOUSLY APPROPRIATED
FUND!NG
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build and maintain priority infrastructure with full accountability.
FUNDING
$16,379.09 306-2054-069357 SR Projects for RT-Mid Beach QOL 1%
BACKGROUND
On August 14,2014, Thornton Construction Company (TCC) submitted a GMP proposal for the
additional scope of work previously requested by Commission, in the amount of $456,715. This
amount exceeded the City's proposed budget. Negotiation with TCC took place in order to lower
the construction amount. Several meetings were held and on August 22, 2014, TCC submitted a
revised GMP proposal in the amount of $394,562. Since the City and TCC were not able to
negotiate a final GMP Amendment No. 2; and, in an effort to expedite the additional scope at
Scott Rakow Youth Center lce Rink, the National Joint Power Alliance (NJPA) lndefinite Quantity
Contract (lOC) contract was utilized to procure the necessary construction services, an alternate
method of procurement.
The IQC process is used extensively by the local, state and federal governmental agencies
throughout the United States to expedite the delivery of construction projects. The City, as a
governmental agency member, is authorized to utilize the IQC contract for construction services
competitively awarded by the National Joint Powers Alliance (NJPA) to the Gordian Group.
On September 12,2014, the City met with NJPA vendor, BDI Construction Company (BDl) at the
253
Commission Memorandum -Scott Rakow Youth Center lce Skating Rink - Change Order No.1
Page 2
Scott Rakow Youth Center site and performed a scope meeting. On October 10, 2014, BDI
Construction submitted a bid proposal utilizing the NJPA cooperative contract system in the
amount of $334,001.21. A follow up meeting with BDI took place to review the proposal and
minor revisions were incorporated to the bid proposal. On October 23,2014, a revised proposal
was transmitted to the City in the amount of $329,000.
On October 29, 2014, the Mayor and the City Commission approved Resolution No. 2014-28806
authorizing the City Manager to execute the work order with BDI Construction Company, in a not
to exceed amount of $329,000, for the associated work at the Scott Rakow Youth Center lce Rink
to include new showers, lockers, multi-purpose room and skate rental area utilizing the NJPA
cooperative contract for construction services with the Gordian Group.
The project budget had allocated a ten percent contingency for unforeseen conditions.
ANALYSIS
During the course of the project, several request for supplemental work orders were presented to
the City for unforeseen conditions and scope not included in the original proposal. BDI
Construction Company submitted cost proposals totaling $11,379.09 to furnish and install
additional scope. The additional scope includes re-routing fire alarm conduits found in existing
wall and in conflict with new opening at men's and women's locker room, installation of new 2"
empty conduit for installation of voice/data cables for new multi-purpose room and skate rental
room, re-routing of existing electrical conduits found in existing demolished wall and relocated to
adjacent wall to maintain lighting circuit homeruns, and installation of new sub-electrical panel LC
100A to expand existing capacity of existing electrical panel (See Attachment A).
The Architect of Record, Bermello Ajamil & Partners, lnc., provided their assessment of the
proposed cost and submitted their recommendation letter stating that the proposal submitted by
BDI is fair and reasonable (see Attachment B). City staff also reviewed the proposals and found
that the amount was fair and reasonable.
The Parks & Recreation Department requested to provide windows on the south wall of the
recently completed multi-purpose room. The cost of the windows installation should not exceed
$5,000.
The total additional scope shall not exceed the sum of $16,397.09. The total amount of the work
order with BDI shall not exceed $345,397.09.
The NJPA contract requires the Mayor and City Commission approval for any work order
exceeding $250,000. On October 29, 2014. the Mayor and City Commissioned approved
Resolution 2014-28806 and approved a not to exceed amount of $329,000 for the additional
scope associated with Scott Rakow Youth Center lce Rink, since the requested amount of
$16,397.09 will increase the work order beyond the established threshold of $250,000 the
administration is requesting that the Mayor and City Commission approve the work.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the attached
resolution, approving and authorizing the City Manager to execute Supplemental Work Orders
with BDI Construction Company in the not to exceed amount of $16,379.09.
Attachment A - BDI Construction Company Cost Proposal - SupplementalWork Order
Attac\ment B - Bermello Ajamil & Partners, lnc. Recommendation Letter
lr-rrrrl$orrryse
T:\AGENDA\2O1S\March 11\Scott Rakow - lce Rink Mechanical Repairs and Building Renovation\approval-Memo.doc
254
EffiRBIANmtmrWork Order Signature Document
Approvals
Owner City Manager Date Contractor Date
Department Director Date
NJPA EZIQC Contract No.: FL06-022912-BDI
l_l *"* work order Fl nooitv an Existins work order
Work Order Number.; 024496.01 Work Order Date:
Work Order Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
Owner Name: City of Miami Beach Contractor Name: BDI Construction
Contact: Roberto Rodriguez Contact:
Phone: 3056737000 ext6122 Phone
Work to be Performed
Work to be performed as per the Final Detailed Scope of Work Attached and as per the terms and conditions of NJPA
EZIQC Contract No FL06-022912-BDI.
Brief Work Order Descriotion:
The City Commission directed staff to study the feasibility of incorporating several items such as pro shop, an
accessible lobby at the front of the building, locker rooms with showers within the ice rink building, a multi-purpose
room, and relocation of the current skate rental office. The following existing spaces will be rearranged with the
proposed improvements: -Men's locker room 1 1 9a into skate rental #1 19a -Women's locker room #120a into a
multi-purpose room 120a -Coache's office room # 123a into women's changing room # 123a -Skate rental room # 125
into women's locker room # 125 -Pro-ShoD room # 129 into men's locker room # 129
Time of Performance Estimated Start Date:
Estimated Completion Date:
Liquidated Damages Will apply: tr \Afil nor anntv. E
Work Order Firm Fixed Price: $11,379.09
Owner Purchase Order Number:
Work Order Signature Document
ezlQC-NJPA-FL
Page 1 of 1
212712015
ATTACHMENT - A255
EffiRNIANffirtJfDetailed Scope of Work
To: Carlos Rosell
BDI Construction CO
7270 NW 12 St
Miami, fl 33126
No Data lnput
Date Printed:
Work Order Number:
Work Order Title:
Brief Scope:
From: Roberto Rodriguez
Cig of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
3056737000 ext6122
February 27,2015
024496.01
Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
The City Commission directed staff to study the feasibility of incorporating several
items such as pro shop, an accessible lobby at the front of the building, locker
rooms with showers within the ice rink building, a multi-purpose room, and relocation
of the current skate rental office. The following existing spaces will be rearranged
with the proposed improvements: -Men's locker room 1 19a into skate rental #1 19a
-Women's locker room #120a into a multi-purpose room 120a -Coache's office room
# 123a into women's changing room # 123a -Skate rental room # 125 into women's
locker room # 125 -Pro-Shop room # 129 into men's locker room # 129
n eretiminary Revised
The following items detail the scope of work as discussed at the site. All requirements necessary to accomplish the items
set forth below shall be considered part of this scope of work.
RCO #1 .1 . Re-route fire alarm conduit that are feeding fire alarm horn/strobes in what will become Mens locker 129 &
Womens Locker '125. Conduit was found at new opening at the vestibule between the new men's and women's locker room
and needed to be relocated so that the new openings could be completed. The conduit was unforeseen as it was located
within the masonry walls that were demolished per the drawings. This portion was verbally agreed to not delay the project.
See line item#2 for remainder of change order.2. The above conduit was also associated with the pull station adjacent to
the managers office. The pull station needs to be roughed in with new conduit and run new wiring from the pull station to
the and spliced in to the junction box located in the crawl space above. RCO #2 1. Per the owners request, provide and
install new 2" empty conduit from existing managers office to the new multipurpose room 120A. Two junction boxes will
also be installed and the conduit will be left with a pull string. Conduit will be installed exposed under the panels. See
attached sketch for further details. RCO#3 1. Re-route existing electrical conduit with lighting circuit homeruns. Conduit
was found at multipurpose room new opening and needs to be relocated so that the opening can be completed. The
conduit was unforeseen as it was located within the masonry wall that was demolished per the drawings. We have
identified the conduit and it is a homerun lighting circuit that runs under the concrete all the way back to the panel. We feel
its best to chip out the floor and extend the conduit to the adjacent new partition wall where it can be re-routed and
concealed. 2. Concrete patch at area where concrete is to be chipped out after electrical wiring has been relocated. Steel
rebar will be epoxied into the existing concrete to fortify the patch when complete. RCO# 5 Provide and install: new sub
panel LC 100A, newfeederforpanel LCfeedfrom Panel L3A, new l00Abreakerforpanel LC, conduitandassociated
wiring. Rearrange existing panel L3A breakers to make space for new 100A breaker for panel LC. Provide new label and
panel schedule for panel LC.
Final
Scope of Work
ezlQC-NJPA-FL
Page 1 of 2
212712015
256
Detailed Scope of Work Continues..
Work Order Number: 024496.01
Work Order Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
Contractor Date
Owner City Manager Date
Department Director Date
Scope of Work
ezlQC-NJPA-FL
Page 2 ol 2
2t27t2015
257
Contractor's Price Proposal - Summary
Date:
Re:
February 27,2015
IQC Master Contract #:
Work Order #:
Owner PO #:
Title:
Contractor:
Proposal Value:
FL06-02291 2-BDl
024496.O1
Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
BDI Construclion
$1,984.34
Section - 01 $1,46s.57
Section - 02 $428.45
Section - 03 $591.66
Section - 09 $474.10
Section - 26 $7,990.89
Section - 28 $428.42
Proposa! Total
Thisl total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
$11,379.09
Contractor's Price Proposal - Summary
ezlQC-NJPA-FL
Page 'l of 1
2t27t2015
258
Contractor's Price Proposal - Detail
Date: February 27,2015
Re: leC Master Contract #: FL06-0229'12-BDI
Work Order #: 024496.01
Owner PO #:
Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
C6ntra6t6r: BDI Construction
ProPosal Value: $1,984 34
Sect. ltem Mod. UOM Description Line Total
Labor Equip. Material (Excludes)
Section - 0'l
1 01 22 20 00 0010 HR ElectricianTasks in the CTC include appropriate costs to cover labor. These
tasks will be requested specifically by the owner for miscellaneous work not
covered in the CTC.
Quantity Unit Price Factor Totallnstallation 15.00 x 42.41 x 1.2033= 765.48
lnvestigate fire alarm system to properly address how to re-route conduits and devices that were affected
by the new openings.
$765.48
2 01 22 23 00 0053 WK 30' Electric, Sclssor Platform Litt 8700.09
Factor Total
lnstallation
1 .OO x 581.81 x '1.2033 = 700.09
(1) Week for electrical installation and to paint. Height is approximalely 14'2"
Quantity Unit Price
Subtotal for Section - 01 $1,465.57
Section - 02
3 02 41 19 130049 EA SawCutMinimumChargeForprojectswherethetotal sawcuttingchargeis
less than the minimum charge, use this task exclusively. This task should not
be used in conjunction with any other tasks in this section.
Quantity Unit Price Factor Totallnstallation 1.oo x 356.06 x 1.2033 = 42845
s428.45
Subtotal for Section - 02 $428.4s
Section .03
4 03 01 30 71 0042 SF Patch > 16 SF Decks Or Floors, Rapid Set Concrete Repair Material
Quantity Unit Price
lnstallation
$261.43
Factor Total
6.00 x 36.21 x 1.2033 = 261.43
5 03 21 11 000035 EA Epoxy Coated Straight Dowels, 518" x24" Long, #5 Rebar $39.56
Quantity Unit Price Factor Totallnstallation P.OO x 2.74 x 1.2033 = 39 56
6 03 21 11 00 0035 OO24 MOD For Drilling Hole lnto Concrete, Horizontal, Add Per lnch Of Depth $97.03
Quantity Unit Price Factor Totallnstallation z2.oo x 1.12 x 1 .2033 = 97 03
7 03 21 11 000053 EA #5 (5/8") Reinforcing Bar Clip Splicing, Sleeve And Wedge $1 93.64
Quantity Unit Price Factor Totallnstaflation 6.00 x 26.A2 x 1.2033 = 193.64
Subtotal for Section - 03 $591.66
Section - 09
8 09 91 13 00 0335 LF Paint Conduit, Steel Pipe 2" fo 3-112" Diameter, One Coat Paint
Quantity Unit Price Faclor Totallnstallation 2OO.OO x
$158.84
Contractor's Price Proposal - Detail
ezlQC-NJPA-FL
0.66 x 1.2Oj3 = 1s8.84
Page 1 of 4
212712015
259
Contractor's Price Proposal - Detail Continues..
Work Order Number: 024496.01
Work Order Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
Section - 09
I 09 91 13 000340
Subtotal for Section - 09
Ouantity Unit Price Factor
LF Paint Conduit, Steel Pipe 2" To 3-112" Diameter, Two Coats $31 5.26
$474.',10
Totallnstallation 2OO.OO x '1.31 x 1.2033 = 31s 26
Section - 26
10 26 05 19 1600'12 MLF #12 AWG Cable - Type THHN-THWN, 600 V Copper, Single Solid, Placed ln
Conduit
Quantity Unit Price
$151 .93
Factor Totallnstallation 0.25 x 393.57 x 1.2033 = 118.40
Demolition o.25 1'11.46 x 1.2033 = 33.53
11 26 05 19 160012 MLF #12 AWG Cable - Type THHN-THWN, 600 V Copper, Single Solid, Placed ln
Conduit
Quantity Unit Price Faclor Totallnstallation o.5o x 393.57 x 1.203i = 236.79
Replaced/Re-routed approximately (4) conduit with approximately (10) cables in each conduit X 15 LF
$236.79
12 26 05 19 160274 MLF #8 AWG Cable - Type THHN-THWN 600 v copper, Single Stranded, Placed ln
Conduit
Quantity Unit Price
$44.96
Factor Totallnstallation o.o5 x 747.2g x t.2ol3 = 44.96
13 26 05 19 160282 MLF #3/o AWG Cable - Type THHN-THWN 600 V Copper, Single Stranded, Placed
ln Conduit
Quantity Unit Price Factor Totallnstallation o.2o x 4.511 .64 x 1 .2033 = 1,085.77
$1,085.77
14 26 05 29 00 0075 EA 1-114", One Hole Steel Conduit Strap
Quantity Unit Price Factorlnstallation 4.oo x 2.06 x 1.2033
$9.92
Total
9.92
15 26 05 29 00 0096 EA 3/4", Two Hole Steel Conduit Strap
Quantity Unit Price
s24.31
Factor Totallnstallation 1O.OO x = 24.312.02 x 1.2033
16 26 05 29 00 0096 0459 MOD For Work ln Restricted Working Space, Add $s.s4
Quantity Unit Price Factor Total
5.54lnstallation 1O.OO x 0.46 x 1.2ogg =
17 26 05 29 00 0096 EA 3/4", Two Hole Steel Conduit Strap
Quantity Unit Price Factorlnstallation 4.oo x 2.o2 x 1.2033
$9.72
Total
9.72
18 26 05 33 130047 LF 1-1l4' RGS Conduit With Coupling, Mounted Exposed On Flat Wall
Quantity Unit Price
$1.573.97
Factor Totallnstallation 2O2.gO x 6.4s x 'l .2033 = 1'573 97
19 26 05 33 13 0049 LF 2" RGS Conduit \r'Vith Coupling, Mounted Exposed On Flat Wall
Quantitylnstallation 2OO.OO x
Height is approximalely 14'2"
$2.341.62
Unit Price Factor Total
g.73 x 1.2033 = 2'U1 62
20 26 05 33 13 0049 0326 MOD For lnstallation Above 14', Add
QuantitYlnstallation 2OO.OO x
$154.02
Unit Price Factor Total
Contraclor's Price Proposal - Detail
ezlQC-NJPA-FL
0.64 x 1.2033= 15402
Page 2 oi 4
2t27t2015
260
Contractor's Price Proposal - Detai! Continues..
Work Order Number: 024496.01
Work Order Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
Section - 26
21 26 05 33 13 0062 EA 2'RGS 90 Degree Elbow
Quantity Unit Price Factor Totallnstallalion 6.00 x 37.8.1 x 1.2033 = 272.98
Height is approximately 14'2"
$272.98
22 26 05 33 13 0062 0326 MOD For lnstallation Above 14', Add
Quantitylnstallation 4.OO x
Factor Total
3.23 x 1.2033 = 'ls 55
$15.55
Unit Price
23 26 05 33 130073 EA 1-114" RGS Plastic Bushing SetVvith Locknuts
Quantity Unit Price Factor Totallnstallation 4.oo x 10.34 x 1.2033 = 49.11
$49.77
24 26 05 33 130075 EA 2" RGS Plastic Bushing Set With Locknuts
Quantity Unit Price Factor Totallnstallation 6.00 x 15.31 x 1.2033 = 110 54
Height is approximately 14'2"
$1 10.54
25 26 05 33 13 0075 0326 MOD For lnstallation Above 14', Add $8.76
lnstallation
Quantity
4.00 x
Unit Price Factor
1.82 x 1 .2033
Total
8.76
26 26 05 33 130114 EA 2" RGS Box Connector, lnsulated \Mth Set Screw
Quantity Unit Price
lnstallation
Height is approximalely 14'2"
Fac{or Total
4.OO x 39.97 x 1.2033 = 192.38
$1 92.38
27 26 05 33 130291 LF 3/4' EMT Conduit, Mounted Exposed On Flat Wall s1 56.67
Quantity Unit Price Factor Totallnstallation 5O.OO x 2.48 x 1.2033 = 149 21
0.62 x 1.2033 = 7.46Demolition 10.00
28 26 0s 33 130291 LF 3/4' EMT Conduit, Mounted Exposed On Flat Wall
Quantity Unit Price Factor Total
$261.12
lnstallation 7O.OO x
Demolition 70.00 x
2.48 x 1.2033 = 208 89
0.62 x 1.2033 = 52.22
Re-Pipe new conduit to run new cables that were located in the new opening.
29 26 05 33 13 0291 0156 MOD For Work ln Restricted Working Space, Add $24.85
Quantity Unit Price Factor Totallnstallation 35.00 x 0.59 x 1.2033 = 24.as
30 26 05 33 130302 $15.52EA 3/4'EMT 90 Degree Elbow
Quantitylnstallation 2.OO x
Factor Total
6.45 x 1.2033= 1552
Unit Price
31 26 05 33 13 0302 EA 3/4" EMT 90 Degree Elbow
Quantitylnstallation 8.OO x
$80.09
Unit Price Factor Total
6.45 x 1.2033 = 62'09
8.00 18.00Demolition1.87 x 1.2033 =
32 26 05 33 13 0302 0156 MOD ForWork ln Restricted Working Space, Add
Quantity Unit Price Factorlnstallation 4.OO x 1.40 x 1.2033 =
$6.74
Total
6.74
33 26 05 33 13 0324 EA 3/4" EMT Compression Coupling
QuantitYlnstallation 8.OO x
Demolition 8.00 x
Unit Price Faclor Total
3.15 x 1.2033= 30.32
1.10 x 1.2033= 10.59
Contractods Price Proposal - Oetail
E/QC. NJPA - FL
Page 3 of 4
212712015
261
Contractor's Price Proposal - Detail Continues..
Work Order Number:
Work Order Title:
024496.01
Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
Section - 26
34 26 05 33 130324 0'156 MOD For Work ln Restricted Working Space, Add
Quantity Unit Pricelnstallation 8.OO x 0.82
$7.89
Factor
1.2033
Total
7.89
35 26 05 33 130324 EA 3/4' EMT Compression Coupling
QuantitYlnstallation 4.OO x
$15.16
Unit Price
3.15 x
Factor
1.2033
Total
15.16
36 26 05 33 130884 EA 2" Junction Box Wth Cast lron Cover, GUAB, GUAC, GUAL, GUAN, RGS PVC
Coated, Urethane Lined
$447.46
Quantity Unit Price
185.93 x
Faclor
1.2033
Total
447.46lnstallation 2.OO x
Height is approximately 14'2"
37 26 05 33 130884 0294 MOD For lnstallation Above 14', Add
QuantitYlnstallation 2.OO x
$'13.53
Unit Price
5.62 x
Factor
t.zozs =
Total
't3.53
38 26 05 33 160016 EA 4" Square Steel Box With Covet,2-118" Deep, Flush Mount $102.20
QuantitYlnstallation 3.OO x
Demolition 3.00 x
Unit Price
22.98 x
5.33 x
Factor
1.2033
1.2033
Total
82.96
19.24
39 26 05 33 16 0016 EA 4" Square Steel Box With Cover,2-118" Deep, Flush Mount
Quantity Unit Pricelnstallation 1.OO x
$27.65
22.98 x
Faclor
1.2033
Total
27.65
40 26 24 13 00 0034 EA 100 Amp Single Branch Switch Unit, 240 V, 3 Pole $502.57
QuantitYlnstallation 1.OO x
Unit Price
417.66
Factor
1.2033
Total
502.57
Subtotal for Section - 26 $7,990.89
Section - 28
41 28 3'l 23 00 0518 EA Addressable Single Action Manual Pull Station (Simplex 4099-9001)$214.21
QuantitYlnstallation 1.OO x
Demolition 1.00 x
Re-use existing device
Unit Price
156.67 x
21.35 x
Factor
1.2033
1.2033
Total
188.52
25.59
42 28 31 23 00 0545 EA Wall Mounted Horn Strobe, 75Cd, Red (Simplex 4903-9426)9214.21
QuantitYlnstallation 1.00 x
Demolition 2.00 x
Re-use existing device
Unit Price
146.00 x
16.01 x
Faclor
1.2033
1.2033
Total
175.68
38.53
Subtotal for Section - 28 $428.42
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals,
sub-totals and the proposal total is due to rounding.
$11,379.09
Contracto/s Price Proposal - Detail
ezlQC-NJPA-FL
Page 4 of 4
212712015
262
Subcontractor Listing
EffiRNIANffitmf
Date: February 27,2015
Re: leC Master Contract #: FL06-022912-BD|
Work Order #: 024496.01
Owner PO #:
Title: Scott Rakow Youth Center - lce Rink Mechanical Repairs Supplemental 1, 2, 3, &5
ContraCtor: BDI Construclion
ProPosal Value: $'l '1,379 09
Name of Contractor Duties Amount Yo
No Subcontractors have been
selected for this Work Order
$0.00 0.00
Subcontractor Listing
ezlQC-NJPA-FL
Page 1 of 1
212712015
263
& Partners. lnc.
ba
Bermello Ajamrl
Memorandum
Architecture
Engineering
Planning
Interior Design
Landscape Architecture
To: Roberto Rodriguez / Project Manager
Capital lmprovement Project Office
City of Miami Beach, Florida
Date: February 24,2015
From: ;:xi:;,'iil?=;ft1;"n", ff-\AL
Re: Scott Rakow Youth Center / lce Skating Rink
Mechanical Repairs and Building Renovations
Revision #2 - Change Order Review
2700 Sheridan Avenue
Miami Beach, Florida I 33140
Permit No. 81500723
B&A Project No. 12095.001
To date, the Design Team has received and reviewed 4 Requests for Change Orders from
BDI Construction Company, as follows:. Request for Change Order No. 1 in the Total Amount of ... ... $ 1 ,984.34
Re-route the Fire Alarm Conduits that are feeding the Fire Alarm Horn / Strobes.
. Request for Ghange Order No. 2 in the Total Amount of ..... $ 4,731.03
lnstalla New 2" Empty Conduit from Managers Office to Multipurpose Room.
. Request for Change Order No. 3 in the Total Amount of ... .. $ 1 ,396.76
Re-route Existing Conduit with Lighting Circuit Homeruns.
. RequestforGhangeOrderNo.5intheTotalAmountof ...... $3.266.96
lnstall New Sub-Panel LC 100A.
r Total $11,379.09
Based on the discussions that followed, it is the Design Team's opinion that Requested
Change Orders described above are reasonable and acceptable.
lf you have any questions, please do not hesitate to call me at your convenience.
Thank you for your understanding and patience.
2601 So'rth Bayshore Drive. lOth Floor.Hirmi . Florida. lSll3 ' USA'Main 305 859 2050.Fax 305 860 3700 www.bermelloaiamil.com
ATTACHMENT - B
264
RESOLUTION TO BE SUBMITTED
265
COMMISSION ITEM SUMMARY
Condensed Title:
Reappointment of Enrique Zamora, Esq., as Chief Special Master.
lntended Outcome
Ensure compliance with Code within reasonable period, emphasizing the Code for commercial
development.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2014 CommunitySatisfaction
Survey, 620/o of residents and 69% of businesses thought the City's Code Enforcement efforts were just
Item Summa ndation:
On the determination of City Attorney Raul J. Aguila that Enrique Zamora possesses the knowledge, skills
and attributes to perform as Chief Special Masters, and my concurrence with such determination, I am
recommending Enrique Zamora, Esq. as Chief Special Master. Attached are two Resolutions providing
for the reappointment by the City Commission of Mr. Zamora as Chief Special Master. The first
Resolution reappoints Mr. Zamora as Chief Special Master for Code Enforcement violations under
Chapter 30 of the City Code; the second Resolution reappoints Mr. Zamora to hear appeals from citations
and violations or denials, suspensions, and revocations of certificates of use pursuant to Chapter 102 o'f
the MiamiBeach CityCode. Mr.Zamorawasfirstappointed as Chief SpecialMasterfortheCityof Miami
Beach on the April 23, 2014 Commission Meeting.
Mr.Zamora has a Juris Doctorate Degreefrom the Universityof MiamiSchoolof Law(1985);a Masterof
Business Administration (1975) and a Master of Science Management in Accounting and Taxation (1981)
from Florida lnternational University; and a Bachelor of Science in Electrical Engineering (1971) from the
University of Florida.
Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes the areas
of probate administration, probate litigation, guardianship, estate planning and elder law. He is a certified
civil mediator. Mr. Zamora is an adjunct professor at St. Thomas University School of Law where he
teaches Elder Law. He is the past chair of the Probate and Guardianship Committee of the Dade County
Bar Association, where he also served as Vice-Chair and Secretary. Mr. Zamora was the recipient of the
2000 Put Something Back Pro Bono Award presented by the Dade County Bar Association, and he
received the Leo Plotkin Outstanding Legal Service Award in 1999 from the Assoclation for Retarded
Citizens, South Florida.
The Administration recommends approvinq the Resolutions.
AGE$IBA erem C'l E
Board Recommendation:
Financia! lnformation:
Financial lmpact Summary: Funding for FY 15/16 will be requested during the FY 15/16 Budget Process.
The estimated amount for a six-month
period of Special Master fees, April 24,
2015 through October 23,2015,is
$23,700. Of which, $20,350 will be
expended in FY 14115 and $3,350 will be
in FY 15/16
01 1-0210-000312
$20,350 -FY',t4t15
$ 3,350 - FY 15/16
Rafael E. Granado, City Clerk
Sion-Offs:
Department Director City Attorney City Manager
REG (,;,^=RJAS{&JkF-t*/il(r
Chief Special Master ltem Summary.doc
AAlAfiAIB.EACH DArE 3-ll-l,s-266
AAIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
Raul J. Aguila, City nttornfi*[
DATE: March 11, 2015
SUBJECT: REAPPOINTMENT OF CHIEF SPE MASTER
1. A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE CITY OF
MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON APRIL 24, 2015 AND ENDING ON OCTOBER 23, 2015;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL BE
AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND COUNTY CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO GONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CITY CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
2. A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
sEcTloN 102-356 OF THE C|TY CODE, ENRTQUE ZAMORA, ESQ. (CHIEF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.
102.356o;'J3,lliB#'Hii"5E;il'^=;3^l=.=;##3trf5"'1J3il
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON APRIL 24, 2015 AND
ENDING ON OCTOBER 23, 2015.
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolutions.
ANALYSIS
On the determination of City Attorney Raul J. Aguila that Enrique Zamora possesses the
knowledge, skills and attributes to perform as Chief Special Master, and my concurrence with
such determination, I am recommending Enrique Zamora, Esq. as Chief Special Master.
Attached are two Resolutions providing for the reappointment by the City Commission of Mr.
Zamora. The first Resolution reappoints Mr. Zamora as Chief Special Master for Code
TO:
FROM:
267
Enforcement violations under Chapter 30 of the City Code; the second Resolution reappoints
Mr. Zamora to hear appeals from citations and violations or denials, suspensions, and
revocations of certificates of use pursuant to Chapter 102 of the Miami Beach City Code.
Language has been added to the Resolutions prohibiting the Chief Special Master and each
Special Master from engaging in practice where he/she represents a client in a manner adverse
to the interests of the City of Miami Beach, and from lobbying the City during his/her service with
the City. Mr. Zamora was first appointed as the Chief Special Master for the City of Miami Beach
on the April 23, 2014 City Commission Meeting.
Mr. Zamora is a partner with the law firm of Zamora & Hillman. Mr. Zamora's practice includes
the areas of probate administration, probate litigation, guardianship, estate planning and elder
law. He is also a certified civil mediator. He is the chair of the Guardianship Committee of the
Elder Law Section of the Florida Bar and member of the Guardianship Task Force where he
represents the Elder Law Section. Mr. Zamora is an adjunct professor at St. Thomas University
School of Law where he teaches Elder Law. He is the past chair of the Probate and
Guardianship Committee of the Dade County Bar Association, where he also served as Vice-
Chair and Secretary. Mr. Zamora has served as general counsel, director and president of the
South Florida Guardianship Association. Mr. Zamora has acted as General Master, Guardian
Advocate and Special Public Defender in Baker Act proceedings for the last eight years. Mr.
Zamora was the recipient of the 2000 Put Something Back Pro Bono Award presented by the
Dade County Bar Association, and he received the Leo Plotkin Outstanding Legal Service
Award in 1999 from the Association for Retarded Citizens, South Florida.
Mr. Zamora has a Juris Doctorate Degree from the University of Miami School of Law (1985); a
Master of Business Administration (1975) and a Master of Science Management in Accounting
and Taxation (1981) from Florida lnternational University; and a Bachelor of Science in
Electrical Engineering (1971) from the University of Florida.
A copy of Mr. Zamora's resume is attached for your review.
Statistics:
1. Since September 4,2014, the Special Master hearings have concluded as follows:
4:03 p.m.
6:24 p.m.*
6:45 p.m."
6:56 p.m.*
6:41 p.m.*
7:42 p.m.*
6:46 p.m.*
4:43 p.m.
6:53 p.m.*
6:45 p.m.*
6:16 p.m.*
6:35 p.m.*
3:30 p.m.
7:23 p.m.*
6:24 p.m.*
7:24 p.m.*
3:55 p.m.
7:33 p.m.*
September 4,2014
September 11, 2014
September 18,2014
October 2,2014
October 9,2014
October 16,2014
October 23,2014
November 6,2014
November 13,2014
November 20,2014
December 4,2014
December 11,2014
December 18,2014
January 8,2015 -
January 15,2015
January 22,2015
January 29,2015
February 19,2015 -
Cases labeled with an asterisk (.) include a night session, commencing at 6:00 p.m.
268
2. Neither the Office of the City Clerk, Office of the City Manager, nor the Office of the City
Attorney has received either formal complaints or internal complaints against the Chief
Special or the Special Masters since the appointment of Enrique Zamora as Chief Special
Master on April 23,2014.
CONCLUS!ON
Mr. Zamora has the knowledge, demeanor, skills and abilities, to perform as Chief Special
Master. He will continue to serve this City with honor and distinction, and his reappointment will
best serve the interests of the City. As such, the subject Resolutions should be adopted.
JLM/RJA/REG @
T:\AGENDA\201S\March\Chief Special MasteTZAMORRA CHIEF SPECIAL MASTER MEMO.doc
269
ENruoue Zeuone, EsQ.
3@6 Aviarion Avenue Penrhouse iC Coconur Grove Florida 33733 5 305-285-0285
Lecru,ExpenreNce
ZAMoRA & Hu,l,lax.
3006 Aviation Avenue, Penthouse 4C, Coconut Crove, Florida 33 I 33 - 2000 - present
Areas of Concentration: Elder Law, Probate & Guardianship administratioq litigation
and rnediation, Trust Ariministration & Litigation, Estate Plarming.
LAw OFFrcEs or ENRIQUE ZAMoRA.
I I02 Ponce de Leon Blvd., Coral Gables, Florida 33134 ' 1997 - 2000
Areas of Concentrarion: Elder Law and Probate & Guardianship litigation, Trust
Adndn istration, Estate Planning, Real Estate.
PER.EZ-ABREU, ZAMoRA, HnruaN & Manrnv-LavrELLE, PA
901 Ponce de Leon Blvd., #502, Coral Gables, Fl 33134 - Founding Partner, 1987' 1997
Areas of Concentation: Probate & Guardianship litigation, Elder Law, Trust
Administration, Estate plannisg, Corporate, Contract and Business law and related litigation;
Real Estate.
LecaI ACTIVITIES
$ Past Chair ofthe Elder Law Section of the Florida Bar
$ Past director of the Florida State Guardianship Association
S Past director of the Foundation for Indigent Guardianship
S Member and former chair of the Probate & Guardianship Committee of the Dade
County Bar
S Guardianship Task Force - Elder Law Section Representative
$ Former Chair of the Grievasce Comminee I lt D of the Florida Bar
S Special Master for the City of Miami Beachg Special Magisrate over Baker Act proceedings & Marchman Act proceedings
g Court Appointed Attomey-Ad-Litem for Cuban National Heirs, lle Judicial
Circuit ofthe State of Florida, Miami-Dade County - Probate Division
Tpecurnc Acrtvrres
SL Thomas University School of Law- 2044 - present.
Adjunct Professor of Law - Elder I-aw and Guardianship
Miami-Dade Comm. College-Professional Guardianship Program- I996 - 2004.' Lead Instructor ft planning Committee Chair of the course for Professional Guardians
University of Miami - Koubek Center - September 1989 - 1998
ScTTooI- oF CoNTINUING STUDTES
Adjunct Professor of Business Law
Cgnrrrrcertow
Florida Bar Board Ceftified in Elder Law
Florirla Supreme Court Certified Civil Mediator
270
HoNoRs euoAwa-nos
Super Lawyers list, by Florida Super lawyers Magazine as a top attomey in Florida for
2012,2013 &2014
Top Lawyers of South Florida 2013
St. Thomas University Schoo! of Law - Outstanding Teaching Award - 7013.
SL Thomas Univer:ity School of Law - SBA - adjunct professor award2014. Pro Bono Award from the Dade County Bar Association and the llth Judicial
Circuit 2008 For Guardianship services rendered.
Put Something Back - Richard C. Milstein Excellence Award '200'1
Datle County Bar Association Awarcl (2001-2002)For exceptional sen'ice as CIIAIR of
the Probate & Guardianship Committee.
Dade County Bar Association Award (2000-2001)For exceptional service as CHAIR of
the Probate & Guardianship Committee.
Dade Cou-uty Bar Asociation Award (1999-2000)For exceptional service as CHAIR of
the Probate & Guardianship Committee.
SeN{rNARs / pReseNtRttoNs
Dade County Put Something Back- Fees, Fees and More Fees
Speaker
Offered by the Dade County Bar Association'January i,5, 2014
Elder Law Section - Annual Review - Guardianship
Speaker
January 18,2014
Elder Law Section - Essentials of Elder Law
Speaker
Jarutary 17,2014
' 16tE ANN*-UAL UNPROGRAM...}/[EET THE EXPERTS,,
OFFER.ED BY TIrE ACA.DEIVTY oF F].oRIDA E|-osn L.{w ATTORNEYS. SrgaXT.A
Ocroeen 1 l, 20 I 3
The Probate Team 2013 - Closiug Guardiauships into Estates
SPeaker
Offered by the Florida Legal Education Associatios - October 4,2013
lsm AI\T{UAL UNPROCRAM _..MEET TITF EX?ERTS',
OFFERED BY THE ACA.DEMY OF FLORIDA EI,Df,R LEW ATTOru-*EYS - SPEITTR
DEcEIvfBER 15,2012
Florida State Guardianship Association- 25th Annual Colference:
Offered by the Florida State Guardianship Association- - Spealcer
4-hour Initial Examining Committee training
March 2012
Florida State Guardianship Associatio n- 24th Aonual Conference: Solving the
Mysteries of Guard ian sbip- Spe aker
Offered by the Florida State Guardianship Association- July 201i
271
Personal Trust Fiduciary Training
Offered by Morgan Keegan University - Speakzr
April 5, 2011
Probate & Guardianship: A View from the Bench and Bar
Offered by the Dade County Bar Association Probate & Guardianship Committee and
Legal AidPut Something Back ' Speaker
March I l, 201 I
Elder Law Certification Exam Review Course B Event Chair
Offered by the Florida Bar B January 201 I
Elder Law Section Annual Retreat- Program Co'Chair
Offered by the Florida Bar- October 2010
2010 Florida State Guardianship Annuel Conference
Elder Law Cefiification Exam Review Course
Offered by the Florida Bar - SPeaker
January, 2010
Guardianship Team 2009
Offered by the Florida Legal Education Association- - Speaker
February 2009
EoucertoN
UxIveRSrrY O^. }IIAMI . SCHOOL OF LAW
Conai- GesLrs, Floruoe,
Juan Docroa Drcnte I 98 5, CUM LAUoE - lvlay 1985
FLoRTDA INTERNATIoNAL U \wERslrY
MIAMI, FLORIDA
M,4,$EA OT B USIUESS ADMINISTMTION, 1 97 5
M.astmorScIENzE N MANAGEWNT, (Accounting & Taxation) /981
UrwrnsrrY oF FLoRID.a
GAINESVILLE, FLORIDA
BeCUilONOP SCIENCE IN ELECTRICAL ENGNEENNO, I97I
PRo pgSS TONAL MEMBERSHIP S
The Florida Bar
Executive Committee of the Elder Law Section - Florida Bar (past chair)
The Reat Property, Probate and lrust Law Section - Florida Bar
NAELA (National Academy of Elder Law Attomeys)
AFELA (Academy of Florida Elder Law Attomeys)
Dade County Bar Association
Cuban American Bar Association
Florida State Guardianship Association - former board mernber
South Florida Guardianship Association - past Presideut
272
PusttsHEo Woms
St. Thomas Law Review
Long Term Care Insurance: A Life Raft for Baby Boomers
Volume 26, Fall2013 - lssue I
SL Thomas Law Review
f,p;nining Committee Reports as a Basis to Dismiss Petitions to Determine Incapacity: A
Question of ndmissibiliry and Evidentiary Relevancy
Volume 25, Summer 2013 - Issue 3
St. Thomas Law Review
Impact of the Cuban Embargo on lnheritances by Cuban Nationals
Volume 24, Summer 2012 - Issue 3
Elder Law Advocate-
Two out ofthree reports and you're out - But should you be?
Volnme XX, No.3 - Fall 2012
Elder Law Advocate-
The right to bear arms as a removable right in incapacity proceediugs
Volume XIX B No. I B SPring 201I
Elder Law Advocate-
The issue of standing in guardianship litigation
Volume XWII BNo. 3 B Fall2010
Elder Law AdYocale-
The use of the Baker Act and its alternatives
Volume XVII B No. 3 B Fall 2009
Elder Law Advocate -
Dealing u'ith foreip rvards and their investrnents
Volume XVI - Volume Two - Winter 2008
Florida Journal of International Law, Uuiversity of Florida Levin College of Law' "Obstacles
Encourtered Representing the Interests of Cuban Nationals in the American Courts" - Spring 2003
Volume XV Number 3.
273
RESOLUTION NO.
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE GITY
MANAGER, PURSUANT TO SECTION 30.36 OF THE CODE OF THE CITY
OF MIAMI BEACH, CONCERNING THE REAPPOINTMENT OF ENRIQUE
ZAMORA, ESQ., TO SERVE AS CHIEF SPECIAL MASTER, FOR A TERM
COMMENCING ON APRIL 24,2015 AND ENDING ON OCTOBER 23,2015;
PROVIDED FURTHER THAT CHIEF SPECIAL MASTER ZAMORA SHALL
BE AUTHORIZED TO HOLD HEARINGS AND IMPOSE FINES, LIENS AND
OTHER NON.CRIMINAL PENALTIES AGAINST VIOLATORS OF THE CITY
AND COUNW CODES AND ORDINANCES, AND SHALL ALSO BE
AUTHORIZED TO APPOINT SUCH OTHER SPECIAL MASTERS AS MAY
REASONABLY BE REQUIRED TO CONDUCT THE SUBJECT HEARINGS;
AND FURTHER INCORPORATING ALL OTHER MATTERS SET FORTH
WITHIN CHAPTER 30 OF THE CIry CODE, INCLUDING, WITHOUT
LIMITATION, SECTIONS 30.37 AND 30.38 THEREOF, CONCERNING THE
COMPENSATION AND DUTIES OF THE CHIEF SPECIAL MASTER.
WHEREAS, Section 30-2 of the Code of the City of Miami Beach provides for an
alternative code enforcement system wherein Special Masters are authorized to hold
hearings and impose fines, liens and other non-criminal penalties against violators of
City and County Codes and Ordinances; and
WHEREAS, Section 30-36 of the City Code, entitled "Appointment of Chief
Special Master," provides for the appointment of a Chief Special Master to fulfill the
above referenced duties; and
WHEREAS, pursuant to Section 30-36 of the City Code, appointment of the
Chief Special Master is established upon the City Commission's acceptance, by a
majority vote, of the recommendation for appointment by the City Manager; and
WHEREAS, the City Manager hereby recommends reappointment of Enrique
Zamota, Esq., as Chief Special Master for the City of Miami Beach, for a term
commencing on April 24,2015, and ending on October 23,2015; and
WHEREAS, all other matters set forth within Chapter 30 of the City Code,
including, without limitation, Sections 30-37 and 30-38 regarding compensation and
duties of the Chief Special Master, shall continue to apply and remain in full force and
effect; and
WHEREAS, the Chief Special Master and each Special Master, shall be
prohibited from engaging in practice where he/she represents a client in a manner
adverse to the interests of the City of Miami Beach, and shall further be prohibited from
lobbying the City during his/her service with the City.
274
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager, pursuant to
Section 30-36 of the Code of the City of Miami Beach, concerning the reappointment of
Enrique Zamofa, Esq., to serve as Chief Special Master, for a term commencing on April
24, 2015, and ending on October 23, 2015; provided further that as Chief Special
Master, Mr. Zamora shall be authorized to hold hearings and impose flnes, liens and
other non-criminal penalties against violators of City and County Codes and Ordinances,
and shall also be authorized to appoint such other Special Masters as may reasonably
be required to conduct the subject hearings; and further incorporating all other matters
set forth within Chapter 30 of the City Code including, without limitation, Sections 30-37
and 30-38 thereof, concerning the compensation of the Chief Special Master.
PASSED and ADOPTED this 11th day of March 2015.
ATTEST:
PHILIP LEVINE,
MAYOR
RAFAEL E. GRANADO,
CIry CLERK
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
T:\AGENDA\201S\March\Chief Special Master\ZAMORRA CHIEF SPECIAL MASTER RESO.doc
275
RESOLUTION NO.
A RESOLUTION APPROVING AND REAPPOINTING, PURSUANT TO
SEGTION 102-356 OF THE CtTy GODE, ENRTQUE ZAMORA, ESQ. (CH|EF
SPECIAL MASTER REAPPOINTED PURSUANT TO RESOLUTION NO.iffi -Jlt?,+%18'il#il$g':E,i;;?5i'3[=,il='-t?^trfi f,?'i,'J
ZAMORA'S TERM AS CHIEF SPECIAL MASTER ON APRIL 24, 2015 AND
ENDING ON OCTOBER 23, 2015.
WHEREAS, pursuant to the Section 30-36 of the Code of the City of Miami Beach, upon
prior recommendation of the City Manager, the City Commission, by a majority vote, may
appoint a Chief Special Master, who shall be authorized to hold hearings and impose fines,
liens, and other non-criminal penalties against violations of City Ordinances; and
WHEREAS, at its meeting on March 11, 2015, the Mayor and City Commission adopted
Resolution No., reappointing Enrique Zamora, Esq., as Chief Special
Master, for a term commencing on April 24,2015, and ending on October 23,2015; and
WHEREAS, pursuant to Section 102-356, the City Manager may also approve a
"designee," who shall be authorized to hear appeals from citations for violations of City and
County Codes and Ordinances and to conduct hearings regarding denials, suspensions and
revocations of occupational licenses, certificates of use and permits, as provided by the City
Code, and who shall also be authorized to appoint such other Special Masters as may
reasonably be required to conduct such hearings pursuant to City Ordinances; and
WHEREAS, accordingly, the City Manager hereby recommends Mr. Zamora to serve as
the City Manager's "designee," for a six (6) month term commencing on April 24, 2015, and
ending on October 23,2015; and
WHEREAS, the Chief Special Master (including, as in the instant Resolution, where the
Chief Special Master is acting in his capacity as the City Manager's "designee" under Section
102-356 of the City Code), shall be prohibited from engaging in practice where he/she
represents a client in a manner adverse to the interests of the City of Miami Beach, and shall
further be prohibited from lobbying the City during his/her service with the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby approve and reappoint, pursuant to Section 102-356 of the City Code,
Enrique Zamora, Esq., (Chief Special Master appointed pursuant to Resolution No.
), as the City Manager's "designee" under Section 102-356 of the City Code;
said designation commencing with Mr. Zamora's term as Chief Special Master on April 24,
2015, and ending on October 23, 2015.
PASSED and ADOPTED this 11th day of March 2015.
ATTEST:
PHILIP LEV!NE,
MAYOR APPROVED ASTO
FORM & I-ANGUAGE
&FOR E)(ECUTION
RAFAEL E. GRANADO,
CIry CLERK
T:\AGENDA\201s\March\Chief Special Master\ZAMORA Chief Special Master Resolution Chapter 102.doc
)"'F J-aq-/f
276
THIS PAGE INTENTIONALLY LEFT BLANK
277
Condensed Title:
A resolution authorizing the City Manager to issue a Certification of Consistency with the City's
FY 2013-2017 Consolidated Plan to the Housing Authority of the City of Miami Beach (HACMB),
for their Five-Year and Annual Plan for FiscalYear 2015 to be submitted to the U.S. Department
of Housing and Urban Development (HUD); and further authorizing the City Manager to
administratively process such requests with projects that comply with the City's Consolidated
Plan.
COMMISSION ITEM SUMMARY
lntended Outcome Su
Item ndation:
The Housing Authority of the City of Miami Beach (HACMB) requested a Certification of
Consistency with the City's Consolidated Plan as part of its Five-Year and Annual Plan for Fiscal
Year 2015. HACMB is required by the Public Housing Reform Act of 1998 to submit a Five-Year
and Annual Plan and obtain a Certification of Consistency with the Consolidated Plan from the
entitlement jurisdiction where it operates. ln accordance with the Consolidated Plan adopted by
the City, each request for a Certification of Consistency with the Consolidated Plan requires City
Commission review and approval.
City staff has reviewed HACMB's plan and found it to be consistent with the City's Consolidated
Plan and is, therefore, recommending the issuance of a Certification of Consistency as required
by HUD.
ln addition, the Administration is requesting authorization to enable the City Manager to
administratively issue Certifications of Consistency for those projects which comply with the
Citv's Consolidated Plan.
Ensure that a universal culture of high quality customer service is driving the conduct of the City
Commission and all Citv em
Supporting Data (Surveys, Environmental Scan, etc.):
640/o of businesses rate Miami Beach city government as Good or Excellent in meeting their
expectations
Financial I nformation :
Sourceof | | Amount I AccountFunds: | 1 lrun I
I tt 3t I
oBP! lrotal |
|
Financial lmpact Summary: This action has no fiscal impact on the City.
Maria L. Ruiz, Director, Office of Housing and Community Services
AGENDA XTEIIi| C-7 F& MIAMIBHACH paTs 3-ll-lY278
g MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members offlhe City
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER TO ISSUE A CERTIFICATION OF CONSISTENCY WITH THE
CITY'S FY 2013.2017 CONSOLIDATED PLAN TO THE HOUSING
AUTHORTTY OF THE CITY OF MIAMI BEACH (HACMB) FOR ITS ANNUAL
PLAN FOR FISCAL YEAR 2014, TO BE SUBMITTED BY HACMB TO THE
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD);AND FURTHER AUTHORIZING THE CITY MANAGER TO
ADMINISTRATIVELY APPROVE AND ISSUE CERTIFICATIONS OF
CONSISTENCY FOR PROJECTS WHICH COMPLY WITH THE CITY'S
CONSOLIDATED PLAN.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
On January 21, 2015 the Housing Authority of the City of Miami Beach (HACMB)
requested a Certification of Consistency with the Consolidated Plan for its Annual Plan
for Fiscal Year 2015. HACMB submits documents to U.S. HUD annually to enable it to
continue receiving federal funding for its housing programs. HACMB is required by the
Public Housing Reform Act of 1998, to submit a Five-Year and Annual Plan.
As part of the Consolidated Plan, U.S. HUD requires that housing authorities obtain and
submit a Certification of Consistency with the Consolidated Plan from the entitlement
jurisdiction where they operate. ln accordance with the Consolidated Plan adopted by
the City, each request for a Certification of Consistency with the Consolidated Plan
requires City Commission review and approval.
The Housing Authority's Five-Year and Annual Plan for Fiscal Year 2015 includes a
Capital Fund Program Statement, and delineates the main goals to be implemented by
HACMB. The Plan identifies an estimated $165,972 in Capital Fund repairs per year
and enumerates key programs and activities for HACMB including:
o The replacement of the fire alarm system, shower conversions, and replacement of
appliances (stoves, air conditioners, and refrigerators) at Rebecca Towers.
279
March 11,2015
Certificate of Consistency
Page 2
o Drainage system and parking lot upgrades at Rebecca Towers.
o Addressing housing needs of specific family types by targeting available assistance
to the elderly, continuing Elderly Designation for Rebecca Towers, affirmatively
marketing to races/ethnicities shown to have disproportionate housing needs and
investing efforts and resources to create/locate housing opportunities out of poverty
areas.
To meet the mission and goals in the Five-Year Plan, the HACMB is implementing the
following:
. Special efforts and training to continue to be a high-performing authority.. Continued construction on one (1) new building thatwill provide 21 new affordable
housing units.. Performing significant physical improvements to presently-owned HACMB buildings
and continue the renovation and modernization of the HACMB buildings.o Continuing the development of additional supportive services for its participants,
HACMB through a committee of area community agencies created to discuss and
implement new services and approaches to benefit its tenants and the community in
general.
The City's Consolidated Plan identifies long-term objectives ("lmprovements to Housing
Authority") and a five-year strategic plan where key goals are identified. These include
the expansion of the supply of assisted housing, improving the quality of facilities,
increasing assisted housing choices, promoting self-sufficiency and ensuring equal
opportunities.
The issuance of Certifications of Consistency is a fairly routine matter. ln many
jurisdictions, the issuance of the Certification is handled administratively by staff. While
the City has historically taken these items to Commission for its review, the
Administration is hereby requesting authorization to enable the City Manager to issue
Certifications of Consistency to those projects which comply with the City's Consolidated
Plan. By doing so, the City can ensure that requests may be processed expeditiously
and reduce the amount of staff time to process these requests.
CONCLUSlON
The Administration recommends adoption of the attached Resolution of the Mayor and
City Commission of the City of Miami Beach, Florida, approving and authorizing the City
Manager to issue a Certification of Consistency with the City's FY 2013-2017
Consolidated Plan to the Housing Authority of the City of Miami Beach (HACMB) for their
Five-Year and Annual Plan for Fiscal Year 2015 to be submitted by HACMB to U.S.
HUD. ln addition, the Administration further recommends authorizing the City Manager
to process these requests administratively without the need to return to Commission for
those projects which comply with the City's Consolidated Plan.
JLM/KGB/MLR
280
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CITY MANAGER TO ISSUE A CERTIFICATION OF
CONSISTENCY WITH THE CITY'S FY 2013.2017 CONSOLIDATED
PLAN TO THE HOUSING AUTHORIW OF THE CITY OF MIAMI
BEACH (HACMB) FOR lTS ANNUAL PLAN FOR FTSCAL YEAR 2015,
TO BE SUBMITTED BY HACMB TO THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD); AND FURTHER
AUTHORIZING THE CITY MANAGER TO ADMINISTRATIVELY
APPROVE AND ISSUE CERTIFICATIONS OF CONSISTENCY FOR
PROJECTS WHICH COMPLY WITH THE CITY'S CONSOLIDATED
PLAN.
WHEREAS, on June 5,2013, the Mayor and City Commission approved the City's Consolidated
Plan;and
WHEREAS, the Housing Authority of the City of Miami Beach (HACMB) is proposing to submit a
Five-Year and Annual Plan to the U.S. Department of Housing and Urban Development (U.S. HUD) as
part of the documentation for continued funding for the operation of and subsidies for rental housing
programs administered by HACMB; and
WHEREAS, U.S. HUD requires that local housing authorities obtain and submit a Certification of
Consistency with the Consolidated Plan from the entitlement jurisdiction where the proposed activity is
located;and
WHEREAS, HACMB has submitted to the City its Five-Year and Annual Plan for Fiscal Year
2014; and
WHEREAS, HACMB has requested that the City issue the required Certification of Consistency
with the FY 2013-2017 Consolidated Plan; and
WHEREAS, in accordance with the City's adopted Consolidated Plan, each request for a
Certification of Consistency with the FY 2013-2017 Consolidated Plan requires City Commission review
and approval; and
WHEREAS, HACMB's Five-Year and Annual Plan for Fiscal Year 2015 includes a Capital Fund
Program Statement, and delineates the main goals to be implemented by HACMB;and
WHEREAS, the City routinely receives requests from local agencies which receive HUD funds
and require an annual Certification of Consistency as a condition of ongoing funding; and
WHEREAS, such requests are routine matters of review that can be administratively handled by
Office of Housing and Community Services staff and the City Manager to ensure timely responses to
applicants pursuing federal funds; and
WHEREAS, the Administration has reviewed the proposed activities of the HACMB's Five-Year
and Annual Plan and found them to be consistent with the City's FY 2013-20'17 Consolidated Plan and
further finds that these requests can be efficiently processed administratively by City staff.
281
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 the City
Manager to issue a Certification of Consistency with the City's Consolidated Plan to the Housing Authority
of the City of Miami Beach (HACMB) for its Annual Plan for Fiscal Year 2015, to be submitted by the
HACMB to the U.S. Department of Housing and Urban Development (U.S. HUD) and further authorizing
the City Manager to administratively approve and issue Certifications of Consistency for projects which
comply with the City's Consolidated Plan.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK MAYOR
T:\AGENDA\20'1S\March\Housing & Community Services\Certificate of Consistency RESO
2015.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
\- (-Lt-6
DatE
282
Certification by State or Local
Offrcial ofPIIA Plans Consistency
with the Consolidated Plan
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
o}IB#2577-0226
Expires 08/3012011
Certification by State or Local Official of PHA Plans Consistency with the
Consolidated Plan
I, Jimmy L. Morales the City Manager certify that the Five Year and
Annual PHA Plan gfflqg HousinsAuthorityof thecityof Miami Beach is cOnsiStent with the COnSOlidated Plan Of
City of Miami Beach prepared pursuant to 24 CFR Part97.
Signed /Datedby Appropriate State or Local OfFrcial
OM B Approv al No. 2577 -0226
283
PHA S-Year
Annual Plan
and U.S. Department of Housing and Urban
Development
Oflice of Public and Indian
OMB No. 2577-0226
Expires 8l30l20ll
1.0 PHA Information
PHA Name: The Housing Authoritv of the City of Miami Beach :. PHA Code: FL0l7
PHA Tlpe: E smalt- [ ttigh Performing E Standard E Hcv (Section 8)
PIIA Fiscal YearBeginning: (MM/YYYY): U/2OE
2.0 Inventory (based on ACC units at time ofFY beginning in 1.0 above)
Number ofPH units: 2Q0 Number of HCV units: ll38
3.0 Submission Type
El 5-Year and Annual Plan E Annual Plan Only E 5-Year Plan Only
4.0 PHA Consortia E PHA Consortia: (Check box if submitting a joint Plan and complete table below.)
Participating PHAs PHA
Code
Program(s) Included in the Programs Not in the
Consortia
No. of Units in Each
Proqram
uonsonla PH HCV
PHA I
PHA 2:
PHA 3:
5.0 S-Year Plan. Complete items 5.1 and 5.2 only at 5-Year Plan update
5.1 Mission. State ihe PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's
jurisdiction for the next five years:
To provide those in need with quality affordable housing in an economically mixed setting while promoting resident self-sufficiency
and fostering strong neighborhoods.
Page I of4 form HUD-50075 (4/2008)
284
5.2 GorlsandObjectives. IdentirythePHA'squantifiablegoalsandobjectivesthatwillenablethePHAtoservetheneedsoflow-incomeandvery
low-income, and extremely low-income families for the next five years. Include a report on the progess the PIIA has made in meeting the goals
and objectives described in the previous S-Year Plan.
HUD Goals:
l. Expand the supply ofassisted housing.
2. Inprove the quality ofexisting housing.
3. Increase assisted housing choices.
4. Improve community quality of life and economic vitality.
5. Promote self-sufficiency and asset development of families and individuals.
6. Ensure equal opportunity in housing for all Americans.
PHA Goals:
l. Operate as a high performing authority as measured by both PHAS and SEMAP.
2. Create new affordable rental units.
3. Continue the support and enhancement of Miami Beach Housing Initiatives, Inc. (non-profit organization).
4. Continue the development ofadditional supportive services for our participants.
5. Increase participation and graduation rates in the FSS Program.
6. Continue to support and implement VAWA goals and objectives.
7. Continue expanding staffprofessional knowledge by offering available workshops and training in all areas ofaffordable housing.
Progress report on the previous S-Year Plan
During the last five years the PHA has experienced one ofthe most successful periods in its history, with extraordinary achievements including
the following:
l. ThePHAemergedasthe8thlargestHCVprogramoperatorinttreStateofFlorida. Thenumberofvoucherswasincreasedbyl3.45%,
from 2,766 vouchers to 3,1 38 vouchers currently.
The PHA established the largest and most successful HUD-VASH program in South Florid4 currently operating 260 vouchers.
The PHA operated as a High-Performer as measured by SEMAP.
The PHA has undertaken a comprehensive renovation effort of its properties after leveraging over $ I .5 million for improvements. At the
Rebecca Towers high-rise complex, the enhancements included replacement ofgenerators, roofreplacement, painting offagade,
replacement oftoilets with water conservation toilets in 400 units, replacement ofwater tank heaters with tankless system in 200 units,
installation offire prevention devices, and complete renovation and update ofthe residents' cafeteria and lobby areas.
The PHA has undertaken its first development program since the 1990s. The PHA successfully competed for and leveraged close to $8
million in funding to create additional housing opportunities. The rehabilitation of a five-unit development was completed in 2012 and the
new construction of a 30 unit elderly affordable housing development was completed in 2012. Construction is nearing completion on a
new development that will provide 2 I units of affordable housing for the elderly. The PHA acquired a four unit multifamily property and
also land for future affordable housing development.
The PHA implemented a full scale computer network upgrade.
The PHA developed and went live with a new HACMB webpage.
The PHA continued its Safety Program to ensure a healthy and safe work environment.
The PHA graduated I 8 families from its Family Self-sufficiency program. A series of self-sufficiency oriented activities in combination
with local colleges and community organizations have been established to provide financial management education sessions,
homeownership workshops, employability skills and other important services to our clients.
The PHA, through the homeownership component for the Family Self-Sufficiency program, assisted one family participating in the Section
8 Program becoming a first time homebuyer.
Counseling services to our elderly population. This is an ongoing suppo( to encourage self-sufficiency for our tenants. ln addition, our
agency has sponsored the creation ofa social services providers network group, including the Alliance for Aging, Social Security local
office, Deparhnent of Children and Families, the South Florida Workforce, Department of Vocational Rehabilitation Center for
Independent Living, and other agencies targeting the elderly, the disabled, and those in need ofsupport and orientation.
Fair Housing training for saff: ln cooperation with HOPE, Inc., several fair housing and other discrimination related workshops and group
discussions have been provided to our employees. In addition, management staffhas participated in several fair housing requirements, fair
housing standards, tenant eligibility, and tenant selection workshop/training offered by several organizations.
5.
2.
J.
4.
6.
7.
8.
9.
10.
1t
12.
6.0
PHA Plen Update
(a) Identi! all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission:
There have been no PHA Plan elements revised by the PHA since its last Annual Plan submission.
(b) Identiflthespecificlocation(s)wherethepublicmayobtaincopiesofthe5-YearandAnnualPHAPlan. ForacompletelistofPHAPlan
elements, see Section 6.0 ofthe instructions.
The Housing Authority of the City of Miami Beach
Executive Office
200 Alton Road
Miami Beach, FL 33139
285
7.0
Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing Homeownersbip
Programs, and Project-based Vouchers. Include statemenrs related to lhese programs as applicable.
The Agency currently operates a Section 8 Homeownership Program for 25 participants ofthe Family Self-Sufficiency Program.
The Agency currently provides 20 Project-Based Vouchers at Harding Village (8540 Harding Avenue, Miami Beach, FL 33141) and
15 ProjectBased HUd-VASH Vouchers at Dr. Barbara Carey-shuler Manor (1400 NW 54 Street, Miami, FL 33142).
8.0 Capital Improvements. Please complete Parts 8. I through 8.3, as applicable
8.1 CapitalfunaProgramAnnualstatement/PerformanceandEvrluationRcport AspartofthePHAS-YearandAnnualPlan,annually
complete and submit the Caprtal Fund Program Annual Statement/Performance and Evaluation Report, form HUD-50075.1, for each current and
open CFP grant and CFFP financing.
8.2 Gfital FunO Program Five-Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capilal Fund
Program Five-Year Action Plan, form HUD-50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year
for a five year period). Large capital items must be included in the Five-Year Action Plan.
8.3 Capitrl Fund Financing Program (CFFP).
f] Check ifthe PHA proposes to use any portion of its Capital Fund Program (CFP/Replacement Housing Fadtor (RHF) to repay debt incurred to
fi nance capital improvements.
9.0
Housing Needs. Based on provided by the applicable Consolidated Plan,provided by HUD, and other generally available
dat4 make a reasonable eflort to identi! the housing needs of the low-income, very low-income, and extremely low-income families who reside in
thejurisdiction served by the PHA, including elderly families, families with disabilities, and households ofvarious races and ethnic groups, and
other families who are on the public housing and Section 8 tenant-based assistance waiting lists. The identification ofhousing needs must address
issues ofaffordability, supply, quality, accessibility, size ofunits, and location.
Public Housing (Rebecca Towers South - I 50 Alton Road, Miami Beach, FL 33 139)
Waiting List Total: 429
Income:
Extremely Low Income: 25.00%Very Low Income: 75.00% Low Income: 0.00%
Race:
White: 96.270/o Other: 3.26%o Black/AfricanAmerican: 0.47Yo
Ethnicity:
Hispanic or latino'. 93.71%O$er 3.26%o Not Hispanic or latino: 3.03%
Section 8 Housins Choice Voucher Proeram
Waiting List Total: 302
lncome:
Extremely Low Income: 57.28% Very Low lncome: 24.83o/o low Income: 17.55%
Race:
White: 56.95%
Ethnicity:
Black/Afr ican Americar,'. 39.7 4%o
Not Hispanic or Latino: 71. I 9% Hispanic or latino:
Other: 3.31%
25.50% Other: 3.31%
286
9.1
StmtegyfoiAddressingHousingNeeds. ProvideabriefdescriptionofthePHA'Sstrategyforaddressingthehousingneedsoffamiliesinthe
jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual
Plan submission with the S-Year Plan,
Increase the Supply ofAssisted Housing
a) Apply for additional Section 8 rental vouchers when available
b) Maintain full occupancy of Public Housing
c) Leverage affordable housing resources to crcate new units
Increase Assisted Housing Choices
a) Outreach efforts to potential landlords
b) Pursue housing resources other than Public Housing or Section 8
c) Implement Voucher Mobility Counseling
Specific Family Types
a) Target available assistance to the elderly
b) Continue elderly designation for Rebecca Towers
c) Affirmatively market to raceVethnicities shown to have disproportionate housing needs
d) Invest efforts and resources to create/locate housing opportunities out ofpoverty areas
10.0
Additional Informrtion. Describe the following, as well as any additional information HUD has requested.
(a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5-
Year Plan.
I ) Special efforts and training to be a high performing authority as measured by SEMAP.
2) Construction is nearing corppletion on a new development that will provide 2 I units ofaffordable housing for the elderly.
3) Acquisition ofland for future affordable housing development.
4) Significant physical improvements to our presently owned buildings.
5) Wisely investing capital funds to continue the renovation and modemization of our buildings.
6) To continue the development ofadditional supportive services for our participants, we have created a network ofarea community
agencies, to discuss and implement new services and approaches to benefit our tenants and the community in general.
(b) Sigrificant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "sigaificant amendment" and "substantial' deviatior/modification"
Discretionary changes in plans or policies of the Housing Authority that fundamentally change the mission, goals, objectives, or plans
ofthe agency and which require formal approval ofthe Board ofCommissioners.
11.0 | Required Submission for HUD Field Oflice Revicw. In addition to the PHA Plan D-50075), PHAs must submit the following
documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signahrres, but electronic submission is
encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies ofthese documents will not be accepted
by the Field Office.
(a) Form I{LJD-50077, PHA Certifications of Compliarce with the PHA Plans and Related Regulations (which includes all certifications relating
to Civil Rights)
(b) Form HUD-50070, Certification for a Drug-Free ll/orlqlace (PHAs receiving CFP grants only)
(c) Form HUD-50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP gants only)
(d) Form SF-LLL, Disclosure of l,obbying Actiuiaes (PHAs receiving CFP grants only)
(e) Form SF-LLL-A, Disclosure ofLobbying Actiyities Continuation Sheet (PHAs receiving CFP grants only)
(f) Resident Advisory Board (RAB) comments. Comments received fiom the RAB must be submitted by the PHA as an attachment to the PHA
Plan. PHAs must also include a narrative describing their analysis ofthe recommendations and the decisions made on these recommendations.
(g) Challenged Elements
(h) Form HUD-50075. l, Copital Fund Program Annual Statement/Pedormance and Evaluation Repor, (PHAS receiving CFP grants only)
(i) Form HUD-50075.2, Capital Fund Program Five-Year Action P/an (PHAs receiving CFP grants only)
287
(a) Form HUD-50077
PHA Certifications of Compliunce with
the PHA Pluns und Reluted Regulations
288
PHA Certifications of Compliance
with PHA Plans and Related
Resulations
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
OMBNo.2577-0226
Expires 08&0n0ll
PHA Certifications of Compliance with the PHA Plans and Related Regulations:
Board Resolution to Accompany the PHAS-Yeor and Annual PIIA Plan
Acting on behalf ofthe Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Choirman or other
authorized PIIA fficial ifthere is no Board ofCommissioners, I approve the submission ofthe-[_S-Year and/or-[_Annual PHA
Planfor the PHAfiscal yar beginning hereinfier referred to cts " the Plan", ofwhich this document is a pot and
make thefollowing certifications *td agreements with the Department of Housing md Urban Development (HUD) in cormectionwith
the submission ofthe Plan and implementation thereof
l. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such
strategy) for the jurisdiction in which the PHA is located.
2. The Plan contains a certification by the appropriate State or Iocal officials that the Plan is consistent with the applicable
Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing
Choice, for the PHA's jurisdiction and a description of the manner in which the PIIA Plan is consistent with the applicable
Consolidated PIan.
3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund
Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital
Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if
there is no change.
4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by
the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or
Boards (24 CFR 903,13). The PHA has included in the Plan submission a copy of the recommendations made by the
Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations.
5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45
days before the hearing, published a notice ihat a hearing would be held and conducted a hearing to discuss the Plan and
invited public comment.
6. The PHA certifies that it will carry out the Plan in conformity with Title vI of the Civil Rights Act of 1964, the Fair Housing
Act, section 504 of the Rehabilitation Act of 1973, ar,d title II of the Americans with Disabilities Act of 1990.
7. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any
impediments to fair housing choice within those progmms, address those impediments in a reasonable fashion in view ofthe
resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further
fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions.
8. For PHA Plan that includes a policy for site based waiting lists:
o The PHA regularly submits required data to IfUD's 50058 PIC/IMS Module in an accurate, complete and timely manner
(as specified in PIH Notice 2006-24);
o The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in
which to reside, including basic information about available sites; and an estimate of the period of time the applicant
would likely have to wait to be admiued to units of diflerent sizes and types at each site;
o Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a
pending complaint brought by HUD;
o The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair
housing;
o The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and
certifications, as specified in 24 CFR part 903.7(c)(l).
9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act
of 1975.
I 0. The PIIA will comply with the Architectural Baniers Act of I 968 and 24 CFR Part 4l , Policies and Procedures for the
Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped.
I l. The PHA will mmply with the requirements of section 3 ofthe Housing and Urban Development Act of 1968, Employment
Opportunities for Low-or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135.
12. The PFIA will comply with acquisition and relocation requirements ofthe Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part24 as applicable.
Previous version is obsolete Page I of2 form HLID-5fi)1 7 (4D008)
289
13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24
CFR 5.105(a).
14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry
out its review under the National Environmental Policy Act and other related authorities in accordance with24 CFR Part 58
or Part 50, respectively.
15. With respect to public housing the PHA will comply with Davis-Bacon or HUD determined wage rate requirements under
Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act.
16. The PHA will keep records in accordance with24 CFR 85.20 and facilitate an effective audit to determine compliance with
program requirements.
17. The PHA will comply with the Lead-Based Paint Poisoning Prevention Ac! the Residential Lead-Based Paint Hazard
Reduction Act of 1992, and 24 CFR Part 35.
18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State,
Local and Indian Tribal Govemments), 2 CFR Part 225, utd 24 CFR Part 85 (Administative Requirements for Grants and
Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments).
19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize
covered grant funds only for activities that are approvable under the regulations and included in its Plan.
20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is
available for public inspection. All required supporting documents have been made available for public inspection along with
the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified
by the PHA in its PHA Plan and will continue to be made available at least at the primary business office ofthe PIIA.
21. The PHA provides assurance as part of this certification that:
(D The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs
before implementation by the PHA;
(iD The changes were duly approved by the PHA Board of Directors (or similar governing body); and
(iii) The revised policies and programs are available for review and inspection, at the principal office ofthe PHA during
normal business hours.
22.The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements.
The Housing Authority of the City of Miami Beach
PHA Name
FLO17
5-Year PHA Plan for Fiscal Years 2015 - 2019
Annual PHA Plan for Fiscal Years 2015 - 2016
I hereby certifi th* all the information stated herein, as well m any informdion provided in the accompaniment herewitU is true and accurde. Warning: HUD will
nrosecrrfefalseclaimsandstafements Convicfionmavresultinriminaland/orcivilnenalties.(l8U.S.C. 1001. 1010. 1012:31U.S.C.3729-3802\
Chairperson
Previous version is obsolae Page2of2 form HUD-5fi)77 (4DN8)
290
(b) Form HUD-50070
Certification for u Drug-Free Workpluce
291
Gertification for U.S. Department of Housing
and Urban Development
a Drug-FreeWorkplace
Applicant Name
The Housing Authority of the City of Miami Beach
Program/Activity Receiving Federal Grant Funding
Public Housing, Section I HCV, Sub-Rehab/Mod, Mod Rehab, Section 8 New Construction, CapitalGrant, FSS, Mod-SRO
Acting on behalf of the above named Applicant as its Authorized Official, I make the following certifications and agreements to
the Department of Housing and Urban Development (HUD) regarding the sites listed below:
I certify that the above named Applicant will or will continue
to provide a drug-free workplace by:
a. Publishing a statement notifying employees that the un-
lawful manufacture, distribution, dispensing, possession, or use
of a controlled substance is prohibited in the Applicant's work-
place and specifying the actions that will be taken against
employees for violation of such prohibition.
b. Establishing an on-going drug-free awareness program to
inform employees ---
(1) The dangers of drug abuse in the workplace;
(2) The Applicant's policy of maintaining a drug-free
workplace;
(3) Any available drug counseling, rehabilitation, and
employee assistance programs; and
(4) The penalties that may be imposed upon employees
for drug abuse violations occurring in the workplace.
c. Making it a requirement that each employee to be engaged
in the performance of the grant be given a copy of the statement
required by paragraph a.;
d. Notifying the employee in the statement required by para-
graph a. that, as a condition of employment under the grant, the
employee will ---
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her convic-
tion for a violation of a criminal drug statute occurring in the
workplace no later than five calendar days after such conviction;
e. Notifying the agency in writing, within ten calendar days
after receiving notice under subparagraph d.(2) from an'em-
ployee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice, includ-
ing position title, to every grant officer or other designee on
whose grant activity the convicted employee was working,
unless the Federalagency has designated a central point for the
receipt of such notices. Notice shall include the identification
number(s) of each affected grant;
f. Taking one of the following actions, within 30 calendar
days ofreceiving notice under subparagraph d.(2), with respect
to any employee who is so convicted ---
(l) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfacto-
rily in a drug abuse assistance or rehabilitation program ap-
proved for such purposes by a Federal, State, or local health, law
enforcement, or other appropriate agency;
g. Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs a. thru f.
2. Sites for Work Performance. The Applicant shall list (on separate pages) the site(s) for the performance of work done in connection with the
HUD funding of the program/activity shown above: Place of Performance shall include the street address, city, county, State, and zip code.
Identify each sheet with the Applicant name and address and the program/activity receiving grant funding.)
The Housing Authority of the City of Miami Beach
200 Alton Road
MiamiBeach, FL 33139
Check here fl if there are workplaces on file that are not identified on the attached sheets
I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties.
(18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802)
Name of Authorized Official
Miguell DelCampillo
Title
Executive Director
form HUD-50070 (3/98)
ref. Handbooks 7417.1 ,7475.13, 7485.1 &.3
Signature
292
(c) Form HUD-50071
Certffication of Puyments to
Intl uence F ederul Trunsactions
293
Certification of Payments
to lnfluence Federal Transactions
OMB Approval No. 2577-0157 (Exp. 01131120171
U.S. Department of Housing
and Urban Development .
Office of Public and lndian Housing
The Housing Authority of the City of Miami Beach
Program/Activity Receiving Federal Grant Funding
Public Housing, Section 8 HCV, Sub-Rehab/Mod, Mod Rehab, Section 8 New Construction, Capital Grant, FSS, Mod-SRO
The undersigned certifies, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attenipting to influence an officer or employee of
an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connec-
tion with the awarding of any Federal contract, the making of any
Federal grant, the making ofany 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) If 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 an agency, a
Member of Congress, an officer or employee of Congress, or an
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 subawards
at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all
sub recipients shall certifr and disclose accordingly.
This certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352, Title
31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
I hereby certifo that all the information stated herein, as well as any information provided in the accompaniment herewith,_is_true and accurate.
Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001 ,1010,
1012:31 U.S.C. 3729, 3802)
Name of Authorized Official
Miguell Del Campillo Executive Director
Previous edition is obsolete form HUD 50071 (01/14)
Date (mrn/dd/yyyy)
ref . Handbooks 7 417 .1, 7 47 5.13, 7 485.1, & 7485.3
294
(d) Form SF-LLL
Disclosure of Lobbying Activities
295
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
Approved by OMB
0348-0046
reverse for burden disclosure.
1. Type of Federal Action:
[-_l a. contractII
-
b' g;ant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
I-_la. bid/offer/app I icationub. initialaward
c. poshaward
3. Report Type:
l--l a. initialfiling
L----l' b. material change
For Material Change Only:
year _ quarter
date of last report
4. Name and Address of Reporting Entity:
I erime E subawardee
Tier _, if known:
The Housing Authority of the City of Miarni Beach
200 Alton Road, Miami Beach, FL 33139
Conoressional District. if known: 23
5. lf Reporting Entity in No. 4 is a Subawardee, Enter Name
and Address of Prime:
Conqressional District, if known:
6. Federal DepartmenUAgency:
U.S. Deparhnent of Housing and Urban Development
7. Federal Program Name/Description:
CFDA Number, if applicable:
8. Federa! Action Number, if known:9. Award Amount, if known:
$
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, Ml):
NONE
b. lndividuals Performing Services (including address if
different from No. 10a)
(last name, first name, Ml):
.4 lnformation requesled throgh this fom is author2ed by title 31 U.S.C. sectionI l' t352. Thts disclosura of lirbying activities is a matenal representation of facl
upon which aliane was plaed by the tier above when this transaction was made
or antered into. This disclosure is required pursuant to 31 U.S.C. 1352. This
information will be available for public inspeclion. Any person who fails to file ths
r€quired disclosure shallbesubjecttoa civilpenaltyofnotless than $10,000and
not mors than $100,000 for each such failure.
Signature:
print Name: Miguell DelCampillo
1111s. ExecutiveDirector
Telephone No.:(305) 532-6401, ext. 3020 Date:
Federal Use Only:Authorized for Local Reproduclion
Standard Form LLL (Rev. 7-97)
296
(e) Form SF-LLL-A
Disclosure of Lobbying Activities
Continuution Sheet
297
DrsclosuRE oF LoBBYTNG ACTIVITIES ifXf#lJ',o"
CONTINUATION SHEET
Reporting Entity: The Housing Authority of the City of Miami Beach Page 1 of 1
NONE
Authorized for Local Reproduction
Standard Form - LLL-A
298
(0 Resident Advisory Board (RAB) comments
299
Resident Advisory Board (RAB) meeting
scheduled for January 27 r 2015
300
(g) Challenged Elements
301
No Challenged Elements
302
(h) Form HUD-50075.1
Capital Fand Program Annuul Statement/
Performance und Evuluution Report
303
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THIS PAGE INTENTIONALLY LEFT BLANK
317
Gondensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida authorizing the City
Manager and City Clerk to execute voluntary cooperation and operational mutual aid agreements with the
Town of Golden Beach, Florida, for the purpose of coordinating law enforcement planning, operations, and
mutual benefit between the City of Miami Beach and the Town of Golden Florida.
COMMISSION ITEM SUMMARY
lntended Outcome
Maintain crime rates at or below nationaltrends.
Supporting Data (Surveys, Environmenta! Scan, etc.): Safety was ranked No. 1 by residents a as
>ne of the changes that will make Miami Beach a better place; safety across the City was one of the
nost important areas affecting the quality of life; and 78o/o of residents rated quality of services
lrovided bv Citv Police as excellent or oood.
lssue:
Should the Administration adopt the Resolution?
ltem Summary/Recommendation :
The City of Miami Beach and the Town of Golden Beach, Florida because of the existing and continuing
possibility of the occurrence of law enforcement problems and other natural and man-made conditions
which are or are likely to be beyond the control, personnel, equipment or facilities of the Miami Beach Police
Department or the above listed municipalities believe that it is beneficial for each to participate in a Mutual
Aid Agreement as authorized by Chapter 23, Florida Statues. The Mutual Aid Agreement will allow for the
sharing of law enforcement resources and the rendering of assistance both during routine and intensive law
enforcement situations. This Agreement will take effect when it is signed and will expire on December 31 ,
2020.
Adviso Board Recommendation:
Financial !nformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
Department Director Assistant City Manager City Manager
Chief DanielJ. Oates $Q )^,\
AGENDA ITEM
DATE
c1G
3-tl-tYMIAMIBEACH318
I
I
a
-1915 .2015-
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR
the City C
GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,NG THE CITY MANAGER AND CITY
GLERK TO EXECUTE A VOLUNTARY COOPERATION AND OPERATIONAL
ASSISTANGE MUTUAL AID AGREEMENT WITH THE TOWN OF GOLDEN
BEACH, FLORIDA, FOR THE PURPOSE OF COORDINATING LAW
ENFORCEMENT PLANNING, OPERATIONS, AND MUTUAL AID BENEFIT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND THE TOWN OF
GOLDEN BEACH, FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach and Miami Dade County, Florida because of the existing and
continuing possibility of the occurrence of law enforcement problems and other natural and
man-made conditions which are or are likely to be beyond the control, personnel, equipment
or facilities of the Miami Beach Police Department or the Golden Beach Police Department
believe that it is beneficial for each to participate in a MutualAid Agreement as authorized by
Chapter 23, Florida Statues.
The MutualAid Agreement will allow for the sharing of law enforcement resources and the
rendering of assistance both during routine and intensive law enforcement situations.
This Agreement will take effect when it is signed and will expire on January 1,2020.
CONCLUSION
It is recommended that the Mayor and City Commission adopt this Resolution and authorize
the signing of the Mutual Aid Agreement that will allow for the sharing of law enforcement
resources.
et)JLM:DJO:LH:tr
319
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE A VOLUNTARY
COOPERATION AND OPERATIONAL ASSISTANCE
MUTUAL AID AGREEMENT WITH THE TOWN OF
GOLDEN BEACH, FLORIDA, FOR THE PURPOSE OF
COORDINATING LAW ENFORCEMENT PLANNING,
OPERATIONS, AND MUTUAL AID BENEFIT BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA AND THE TOWN
OF GOLDEN BEACH, FLORIDA.
WHEREAS, it is the responsibility of the respective governments of the City of
Miami Beach and Town of Golden Beach, Florida to ensure the public safety of their
citizens by providing adequate levels of police service to address any foreseeable
routine or emergency situation; and
WHEREAS, there is an existing and continuing possibility of the occurrence of
law enforcement problems and other natural and man-made conditions which are, or are
likely to be, beyond the control of services, personnel, equipment, or facilities of the City
of Miami Beach Police Department and the Town of Golden Beach Police Department;
and
WHEREAS, it is necessary to ensure that these law enforcement agencies will
be adequate to address any and all of these conditions, to protect the public peace and
safety, and to preserve the lives and property of the people of the City of Miami Beach
and the Town of Golden Beach; and
WHEREAS, the City of Miami Beach, Florida and the Town of Golden Beach,
Florida have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to
enter into the attached Voluntary Cooperation and Operational Assistance Mutual Aid
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby authorize the City
Manager and City Clerk execute the a Voluntary Cooperation and Operational
Assistance Mutual Aid Agreement with the Town of Golden Beach, Florida for the
purpose of coordinating law enforcement planning, operations, and mutual aid benefit
between the City of Miami Beach and the Town of Golden Beach, Florida.
PASSED and ADOPTED this _day of
ATTEST:
2015.
PHlLlP LEVINE, MAYOR
APPROVED ASTO
FORM & LANGUAGE
& FOR EXECUTION
z'z'6
Date
RAFAEL GRANADO, CITY CLERK
320
THIS PAGE INTENTIONALLY LEFT BLANK
321
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy Moroles, City Monoger
FROM: Philip Levine, Moyor
DATE: March 3,2015
SUBJECT: Agendo item for Morch | 1 , 2015 City Commission Meeting
Pleose odd to the Morch 11 ,2015 Commission ogendo o discussion to woive the Colony Theotre Fee for the Colony
Theotre during the Miomi Goy & Lesbion Film Festivol.
lf you hove ony questions pleose do not hesitote to coll me.
Fatima Perez
On behalf of Mayor Philip Levine
Chief of Staff
OFFICE OF THE MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
fatimaperez@miamibeachfl .gov
Tel: 305-673-7035 I Cell: 786-375-1463 | www.miamibeachfl .qov
We are comrnifted to providing excellent public service ond sofettT to oll who live, work, ond ploy in our vibront, t'ropicol, hi*^,;. rnnm,nin,
Agenda ltem 9-? H
oate g-ll-t{322
RESOLUTION TO BE SUBMITTED
323
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSTON OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
RANKING OF PROPOSALS WITH RESPECT TO PHASE I OF THE RFP SELECTION PROCESS
PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2014-253-YG, FOR 54" REDUNDANT
SEWER FORCE MAIN
lntended Outcome S
Item Summary/Recommendation:
Build And Maintain lnfrastructure With Full Accountabil
ng Data (Su Environmental Scan, etc.: N/A
To seek proposals for a 54" redundant sewer force main, the City Commission approved the
Administration to issue RFP 2014-253-YG. The RFP was issued on November 12, 2014, with an
opening date of January 21,2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on November 20, 2014. ln response to the RFP, the City received
proposals from the following firms:. David Mancini & Sons. Ric-Man Construction
On February 19, 2015, an Evaluation Committee appointed by the City Manager met to evaluate the
proposals received. The evaluation process resulted in the ranking of proposers as indicated below.
Rank Proooser
OaviO ltttancini& Sons2nd Ric-Man Construction
ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step, phased
evaluation process. The Phase I selection process, which is the reason for this item, relates to the
qualifications, experience and availability of the proposers and key members of the design-build team,
including the lead designer and lead constructor. Only the short-listed proposers during Phase I are
authorized to proceed to Phase ll of the RFP selection process, for evaluation of price and detailed
technical proposals based on the approved Design Criteria Package (the "DCP").
After reviewing all the qualifications of each firm and having considered the Evaluation Committee's
comments and rankings, as well as the fact that only two proposals were received, the City Manager is
recommending that, for Phase I of the evaluation process, the Mayor and the City Commission shortlist
both firms submitting proposals, David Mancini & Sons and Ric-Man Construction, to be further
considered in Phase ll of the evaluation process. Phase ll will consider price and detailed technical
proposals for the project.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida accept the recommendation of the City Manager pertaining to the ranking of proposals with
respect to Phase I of the RFP selection process pursuant to Request for Proposals (RFP) No. 2014-
253-YG for Desiqn Build Services for 54" Redundant Sewer Force Main.
Source of
Funds:
Amount Account
1 NA NA
2
OBPI Total
Financial lmoact Summary:
Financial lnformation :
Clerk's Office
5\March\Procurement\20 1 4-253-
Tracki
- Summary.docx
AGENDA ITEM CI T
Alex Denis. Extension 6641
* MIAMIBTACH
Build Services for 54 Redundant Sewer
DATE 3.II- IT324
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
-t_lTo: Mayor Philip Levine and Members of tt|le City Corllmissionl/\
FRoM: Jimmy L. Morales, City Manager L-^, l*-
DATE: March 11,2015 \ / \
\\
sUBJECT: A RESoLUTIoN oF THE MAYoR {ruo ctw coMMlSSloN oF THE clTY oF
MIAMI BEACH, FLORIDA, ACCEPTTNG THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS WITH RESPECT
TO PHASE I OF THE RFP SELECTION PROCESS PURSUANT TO REQUEST
FOR PROPOSALS (RFP) NO. 2014-253-YG, FOR 54" REDUNDANT SEWER
FORCE MAIN
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Build And Maintain Priority lnfrastructure With FullAccountability
BACKGROUND
On February of 2012, Pure Technologies, the City's consultant in this matter, submitted a
Condition Assessment Report of the existing 54" Pre-Stressed Concrete Cylinder Pipe (PCCP)
force main connecting to the Government Cut force main. lt was discovered of the 260 pipes
analyzed, 8 pipes (3%) were found with electromagnetic anomalies representing broken steel
pre-stressing wire wraps. Although these anomalies do not pose an imminent threat to the
performance of the City's sanitary sewer service, a redundant 54" force main would ensure
sanitary sewer service in the event of an emergency or during maintenance. The force main is
of importance since the existing 54" force main conveys the City's entire sanitary sewer to the
water treatment plant on Virginia Key. ln addition the intent would be to rehabilitate the existing
54" force main's electromagnetic anomalies after bringing the proposed 54" force main into
service.
The City's Public Works Department determined that a design-build methodology would be
best suited for this project, As a result, the Department prepared a Design Criteria Package,
as required by Florida Statutes, for the Project that served to define the design requirements
for development of construction documents by the selected Design Build Firm (DBF), and for
submission of their price proposal. The Project consists of micro-tunneling for the installation
of the 54" force main, open trench construction at the launch and retrieval shafts, possible
replacement, restoration, relocation or abandonment of existing water and/or sewer facilities,
maintenance of traffic, landscaping, restoration of disturbed drainage features, roadway
reconstruction / pavement markings, repair and/or extension of existing sidewalks to comply
with ADA requirements, and the incorporation and the undergrounding of utilities, including
Florida Power and Light (FPL), Atlantic Broadband (ABB) and AT&T.
325
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-253-
YG - 54' Redundant Sewer Force Main
March 11,2015
Page2
On June 11,2014, the City Commission approved the issuance of the subject RFP. However,
the RFP was not advertised until November 12, 2014 for the reasons communicated to the
City Commission via LTC # 372-201{ dated November 5,2014, which included enhancing the
scope of the project in the Design Criteria Package by the City's consultant.
RFP PROCESS
Rfp ZO1+-253-YG was issued on November 12,2014, with an opening date of January21,
2015. A pre-proposal conference to provide information to the proposers submitting a
response was held on November 20,2014.
ln accordance with Section 287.055 of the Florida Statutes, the RFP provides for a two-step,
phased evaluation process. The Phase I selection process, which is the reason for this item,
relates to the qualifications, experience and availability of the proposers and key members of
the design-build team, including the lead designer and lead constructor. Only those Proposers
short-listed during Phase I are authorized to proceed to Phase ll of the RFP selection process,
in which price and detailed technical proposals based on the approved Design Criteria
Package (the "DCP")will be considered. .
The City received proposals in response to the RFP from the following two (2) firms:
. David Mancini & Sons, lnc.o Ric-Man Construction, lnc.
On February 5,2015, the City Manager appointed the Evaluation Committee via LTC # 055-
2015. The Evaluation Committee (the "Committee") consisted of the following individuals:
. Jay Fink, Assistant Director, Public Works Department. Thais Viera, Sr. Project Manager, Office of the City Manager
r Mark Tomczyk, Sr. Capital Projects Coordinator, Office of Capital lmprovement
Projects
The following individuals were appointed as alternates:. David Martinez, Director, Office of Capital lmprovement Projects
. Jose Rivas, Civil Engineer lll, Public Works Department
The Committee convened on February 19,2015 to consider proposals received. Jay Fink was
unable to attend and was substituted by Jose Rivas. The Committee was provided an
overview of the project, information relative to the City's Cone of Silence Ordinance and the
Government Sunshine Law. The Committee was also provided general information on the
scope of services, references, and a copy of each proposal. The Committee was instructed to
score and rank each proposal pursuant to the evaluation criteria established in the RFP. The
evaluation process resulted in the ranking of proposers as indicated below.
: ',RFP# 20{4-253-YG ,
t1lii$ irulla Slivtcas
foilS4l Redundant Sevier
Force Maln (Phase l)4r'
Thais
Viera Rankinq
Mark
Tomczyk Rankino Jose Rivas Flankino
lti
lrl
LOW
AGGREGATE
TOTALS Rank
)avid Mancini & Sons 97 1 92 2 85 4
lic-Man Construction. lnc.96 2 94 1 a2 2 5 2
326
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals with Respect to Phase I of the RFP Selection Process pursuant to RFP 2014-253-
YG - 54' Redundant Sewer Force Main
March 11,2015
Page 3
MANAGER'S DUE DILlGENCE & RECOMMENDATION
After reviewing all the qualifications of each firm and having considered the Evaluation
Committee's comments and rankings, as well as the fact that only two proposals were
received, the City Manager is recommending that, for Phase I of the evaluation process, the
Mayor and the City Commission shortlist both firms submitting proposals, David Mancini &
Sons and Ric-Man Construction, to be further considered in Phase ll of the evaluation
process. Phase ll will consider price and detailed technical proposals for the project.
The following is a brief summary of the qualifications of each recommended firm.
David Mancini & Sons:
lncorporated in 2010, David Mancini & Sons is a heavy civil general contractor and
construction management firm headquartered in Miami Beach, Florida since its inception.
David Mancini & Sons has completed twenty-four (24) projects for various agencies, including
but not limited to Miami-Dade County and Broward County, demonstrating its experience and
qualifications in performing projects similar in scope and volume. David Mancini & Sons is
licensed as a General Contractor and Underground Utility Contractor in the State of Florida.
Ric-Man Construction:
Ric-Man Construction, lnc. was founded in 1965 and incorporated in 1970. Ric-Man
Construction excels in heavy underground construction and delivers a safe environment with
high quality standards established by its founder Richard Mancini. Ric-Man Construction has
completed seven (7) projects for various agencies, including Miami-Dade County, City of Ft.
Lauderdale, Macomb County, Michigan, and City of Dearborn, Michigan, demonstrating its
experience and qualifications in performing projects similar in scope and volume. Ric-Man
Construction is licensed as a General Contractor in the State of Florida.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of
proposals with respect to Phase I of the RFP selection process pursuant to Request for
Proposals (RFP) No. 2014-253-YG for Design Build Services for 54" Redundant Sewer Force
Main.
JLMiMT/EC/AD/YG
T:\AGENDA\201 5\March\Procurement\2014-253-YG RFP - Design Build Services for 54 Redundant Sewer Force Main (Phase l) - Memo.docx
327
RESOLUTION NO. 2015.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE SHORT.LISTING OF PROPOSALS
WITH RESPECT TO PHASE I OF THE RFP SELECTION PROCESS,
PURSUANT TO REQUEST FOR PROPOSALS (RFp) NO. 20f 4-253-yc, FOR
DESIGN BUILD SERVICES FOR 54'' REDUNDANT SEWER FORCE MAIN
WHEREAS, on June 11,2014, the Mayor and City Commission authorized the issuance
of RFP No. 2014-253-YG for Design Build Services for 54" Redundant Sewer Force Main (the
"RFP"); and
WHEREAS, the RFP was issued on November 12, 2014, with an opening date of
January 21,2015; and
WHEREAS, a voluntary pre-proposal conference to provide information to the proposers
submitting a response was held on November 20,2014; and
WHEREAS, the City received proposals from the following two (2) firms: David Mancini
& Sons, lnc, and Ric-Man Construction, lnc.; and
WHEREAS, on February 5,2015, the City Manager, via Letter to Commission (LTC) No.
055-2015, appointed an Evaluation Committee (the "Committee"), which convened on February
19,2015 to consider the proposals; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Sunshine Law; and general information on the
scope of services, references, and a copy of each proposal; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the Phase I evaluation criteria established in the RFP; and
WHEREAS, after reviewing the proposals and the Evaluation Committee's scores and
rankings, the City Manager exercised his due diligence and is recommending that the Mayor
and the City Commission shortlist the top two (2) proposers to proceed to Phase ll of the RFP
evaluation process, in accordance with the Evaluation Committee's rankings, as follows:
(1) David Mancini & Sons, lnc; and
(2) Ric-Man Construction, lnc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the short-
listing of proposals, pursuant to Request for Proposals No. 2014-253-YG for Design Build
Services tor 54" Redundant Sewer Force Main, and shortlisting the two responsive proposers
David Mancini & Sons, lnc. and Ric-Man Construction, lnc, to proceed to Phase ll of the RFP
evaluation process.
328
PASSED AND ADOPTED this
ATTEST:
2015.
Rafael Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\201S\March\ProcuremenM0l4-253-YG RFP - Design Build Services for 54 Redundant Sewer Force Main (Phase l) -
Reso (REVISED).docx
APPROVED AS TO
FORM & LANGUAGE
day of
(5
329
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public
Hearing, As Required Pursuant To Section 82-93 Of The City Code, To Consider Granting A Revocable
Permit To Centurian Collins Property Owner, LLC (The Applicant), For The Aloft Hotel, Located At 2360
Collins Avenue (The Building), To Allow A Decorative, Triangular-Shaped Concrete "Canopy" With Two
Support Columns And Concrete "Eyebrows" To Extend 19.71 Feet At The North And 2.79 Feet At The
South lnto The Public Right-Of-Way Of Liberty Avenue, Along 101.7 Feet Of The Building, And A Minimum
Of Eleven Feet One lnch (11'1") Above Ground Level, And An lrrigation MeterAnd Vent Pipe ForA
Drainage Well Located At Ground Level North Of The Canopy, All Encroachments Along 1 12.75 FeetOl
The Buildinq With A TotalArea Of 910 re Feet.
lntended Outcome Su
Item Summary/Recommendation :
Centurian Collins Property Owner, LLC (the Applicant) is the owner of the Aloft Hotel, located at 2360
Collins Avenue, and is requesting a revocable permit for the construction and maintenance of a triangular-
shaped concrete canopy with two support columns and eyebrows over the drop-off area at the west side of
the hotel, over a portion of the street-end of Libefi Avenue; and an irrigation meter and vent pipe for a
drainage well located at ground level north of the canopy in the street-end of Liberty Avenue.
The hotel has a small drop-off area adjacent to Collins Avenue, but due to the very small frontage in that
area (as lt is wedged between Lake Pancoast and the private property to the south) there is insufficient
room for a proper vehicular drop-off for patrons and guests of the hotel. The Applicant is proposing a drop-
otf at the Liberty Avenue street-end on the west side of the property. The canopy projects at the 2nd floor
level,whichisatoraboveelevenfeetoneinch(11'1")fromthegroundlevel,inatriangularshape. ln
addition, there are two (2) eyebrows at the second and third levels (roughly parallel to the property line) at
or above eleven feet one inch (1 1' 1") above ground level, that extend from the south edge of the triangular
canopy, to close to the south property line. An irrigation meter and vent pipe for a drainage well (where the
drainage well is located on the Applicant's private property) are located at ground level north of the canopy;
the total square footage of all proposed encroachments is 910 square feet.
The Administration's analysis shows that the criteria established under Section 82-94 of the City Code is
satisfied. However, there are some concerns regarding access to perform future seawall repairs. As a
result the Administration is not supportive at this time. This application is supported by the fact that the
canopy and eyebrows are part of the design that was approved by the HPB. The HPB considered the
canopy and eyebrows to be part of the best design solution for this project. The HPB order also stated that
the vent pipe should be located outside of the right of way, as a result the vent pipe as constructed is
contrary to the order.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION TO SET THE PUBLIC
HEARING, BUT IS NOT SUPPORTIVE OF THE REVOCABLE PERMIT UNTIL THE OUTSTANDING
ISSUES ARE RESOLVED.
Financial lnformation :
Source of
Funds:
OBP!
Financial lmpact Summary:
Clerk's Office
T:IAGENDA\201 S\March\PUBLIC WORKSU360 Collins. Sum.doc
Eric Carpenter, Public Works X6012
Department Director
AGENOA
'TEM
C1 T
DATG3HI-N-M fiAIAAAI*TACH 330
@ MIAMIBEACH
City of Miomi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Membersbf the City
FROM: Jimmy Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING, AS REQUIRED PURSUANT TO
SECTION 82.93 OF THE CITY CODE, TO CONSIDER GRANTING A REVOCABLE
PERMTT TO CENTURTAN COLLTNS pROpERTy OWNER, LLC (THE AppLtCANT), FOR
THE ALOFT HOTEL, LOCATED AT 2360 COLLTNS AVENUE (THE BUILDING), TO
ALLOWA DECORATIVE, TRIANGULAR.SHAPED CONCRETE "CANOPY'' WITH TWO
SUPPORT COLUMNS AND CONCRETE "EYEBROWS" TO EXTEND 19.71 FEET AT
THE NORTH AND 2.79 FEET AT THE SOUTH INTO THE PUBLIC RIGHT-OF.WAY OF
LIBERTY AVENUE, ALONG 101.7 FEET OF THE BUILDING, AND A MINTMUM OF
ELEVEN FEET ONE INCH (11' 1") ABOVE GROUND LEVEL, AND AN tRRtcATION
METER AND VENT PIPE FOR A DRAINAGE WELL LOCATED AT GROUND LEVEL
NORTH OF THE CANOPY, ALL ENGROACHMENTS ALONG 112.75 FEET OF THE
BUILDING WITH A TOTAL AREA OF 910 SQUARE FEET.
ADMINISTRATION RECOMMENDATION
The Administration recommends adopting the resolution to set the Public Hearing, but is not
supportive of the revocable permit until the outstanding issues are resolved.
BACKGROUND
Centurian Collins Property Owner, LLC (the Applicant) is the owner of the Aloft Hotel, located at
2360 Collins Avenue, and is requesting a revocable permit for the construction and maintenance of
a triangular-shaped concrete canopy with two support columns and eyebrows overthe drop-off area
at the west side of the hotel, over a portion of the street-end of Liberty Avenue; and an irrigation
meter and vent pipe for a drainage well located at ground level north of the canopy in the street-end
of Liberty Avenue.
The hotel has a small drop-off area adjacent to Collins Avenue, but due to the very smallfrontage in
that area (as it is wedged between Lake Pancoast and the private property to the south) there is
insufficient room for a proper vehicular drop-off for patrons and guests of the hotel. The Applicant is
proposing a drop-off at the LibertyAvenue street-end on the west side of the property. The canopy
projects at the 2nd floor level, which is at or above eleven feet one inch (1 1' 1") from the ground levei,
in a triangular shape. ln addition, there are two (2) eyebrows at the second and third levels (roughly
parallel to the property line) at or above eleven feet one inch (1 1' 1") above ground level, that extend
from the south edge of the triangular canopy, to close to the south property line. An irrigation meter
and vent pipe for a drainage well (where the drainage well is located on the Applicant's private
property) are located at ground level north of the canopy; the total square footage of all proposed
encroachments is 910 square feet.
331
City Commission Memorandum - 2360 Collins Avenue
March 11, 2015
Page 2 of 2
The Administration's analysis shows that the criteria established under Section 82-94 of the City
Code is satisfied. However, there are some concerns regarding access to perform future seawall
repairs. As a result, the Administration is not supportive at this time. This application is supported
by the fact that the canopy and eyebrows are part of the design that was approved by the HPB. The
HPB considered the canopy and eyebrows to be part of the best design solution forthis project. The
HPB order also stated that the vent pipe should be located outside of the right of way, as a result the
vent pipe as constructed is contrary to the order.
CONCLUSION
The Administration recommends adopting the resolution to set the Public Hearing, but is not
supportive of the revocable permit until the outstanding issues are resolved.
Attachments:
a. Plan For Aloft Revocable Permit- Overall Site Plan A-001
b. Sketch And Legal Description Revocable Permit For Aloft 2360 Collins Avenuec. Plan For Aloft Revocable Permit- Partial Site Plan Of Liberty Avenue
JMNv&/JJF/BAM
T:\AGENDA\20'l 5\March\PUBLIC WORKSU360 Collins. Memo.doc
332
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING, AS REQUIRED
PURSUANT TO SECTION 82.93 OF THE CIry CODE, TO CONSIDER
GRANTING A REVOCABLE PERMIT TO CENTURIAN COLLINS PROPERTY
owNER, LLC (THE APPLICANT), FOR THE ALOFT HOTEL, LOCATED AT
2360 COLLTNS AVENUE (THE BU!LD!NG), TO ALLOW A DECORATTVE,
TRIANGULAR.SHAPED CONCRETE "CANOPY" WITH TWO SUPPORT
COLUMNS AND CONCRETE "EYEBROWS" TO EXTEND 19.71 FEET AT
THE NORTH AND 2.79 FEET AT THE SOUTH INTO THE PUBLIC RIGHT.OF.
WAY OF LIBERTY AVENUE, ALONG 101.7 FEET OF THE BUILDING, AND A
MINIMUM OF ELEVEN FEET ONE |NCH (11' 1") ABOVE GROUND LEVEL,
AND AN IRRIGATION METER AND VENT PIPE FOR A DRAINAGE WELL
LOGATED AT GROUND LEVEL NORTH OF THE GANOPY, ALL
ENCROACHMENTS ALONG 112.75 FEET OF THE BUILDING WITH A TOTAL
AREA OF 910 SQUARE FEET.
WHEREAS, Centurian Collins Property Owner, LLC (the Applicant) is the owner of the
Aloft Hotel, located at 2360 Collins Avenue, and is requesting a revocable permit for the
construction and maintenance of a triangular-shaped concrete canopy with two support columns
and eyebrows over the drop-ott area at the west side of the hotel, over a portion of the street-
end of Liberty Avenue; and an irrigation meter and vent pipe for a drainage well located at
ground level north of the canopy in the street-end of Liberty Avenue; and
WHEREAS, the hotel has a small drop-off area adjacent to Collins Avenue, but due to
the very small frontage in that area (as it is wedged between Lake Pancoast and the private
property to the south) there is insufficient room for a proper vehicular drop-off for patrons and
guests of the hotel; and
WHEREAS, the Applicant is proposing a drop-off at the Liberty Avenue street-end on the
west side of the property; and
WHEREAS, the canopy projects at the 2nd floor level, which is at or above eleven feet
one inch (11' 1') from the ground level, in a triangular shape. ln addition, there are two (2)
eyebrows at the second and third levels (roughly parallel to the property line) at or above eleven
feet one inch (11' 1") above ground level, that extend from the south edge of the triangular
canopy, to close to the south property line; and
WHEREAS, an irrigation meter and vent pipe for a drainage well (where the drainage
well is located on the Applicant's private property) are located at ground level north of the
canopy; the total square footage of all proposed encroachments is 910 square feet, and
WHEREAS, the Administration's analysis shows that the criteria established under
Section 82-94 of the City Code is satisfied. However, there are some concerns regarding
access to perform future seawall repairs. As a result, the Administration is not supportive at this
time; and
333
WHEREAS, this application is supported by the fact that the canopy and eyebrows are
part of the design that was approved by the HPB. The HPB considered the canopy and
eyebrows to be part of the best design solution for this project. The HPB order also stated that
the vent pipe should be located outside of the right of way, as a result the vent pipe as
constructed is contrary to the order.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City Commission, hereby set
a public hearing, as required pursuant to Section 82-93 of the City Code, to consider granting a
revocable permit to Centurian Collins Property Owner, LLC (the Applicant), for the Aloft Hotel,
located at 2360 Collins Avenue (the Building), to allow a decorative, triangular-shaped concrete
"canopy" with two support columns and concrete "eyebrows" to extend 19.71 feet at the north
and 2.79 feet at the south into the public right of way of liberty avenue, along 101.7 feet of the
building, and a minimum of eleven feet one inch (11'1") above ground level, and an irrigation
meter and vent pipe for a drainage well located at ground level north of the canopy, all
encroachments along 112.75 feet of the building with a total area of 910 square feet.
PASSED and ADOPTED this day of March, 2015.
ATTEST:
PHILIP LEVINE, MAYOR
RAFAEL E. GRANADO, CITY GLERK
T:\AGENDAU01s\March\PUBLIC WORKS\2360 Collins Ave - Revocable Permit - RESO..docx
We ore commitled to providing excellenl public service ond sofet'y to oll who lire work ond ploy in our vrbronl, lropicol, hisloric communily
334
Attachment - A
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335
Attachment - B
EXHIBIT'A'
LEGAL DESCRIPTION:
A portion of Block 5, AN/ENDED MAP 0F THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
occording to the Plot thereof, os recorded in Plot Book 5 of Poge 7, of the Public Records of Miomi-Dode County,
Florido, being more porticulorly described os follows:
Commence of the Southwest corner of soid Block 3; thence N 90'00'00" E olong the South line of soid Block 3
for 1 85.00 feet; thence N 00'00'00" E olong the Eost right of woy line of Liberty Avenue for 1 86.46 feet to the
Point of Beginning; thence continue N 00'00'00" E olong soid Eost right of woy line of Liberty Avenue for 112.75
feet; thence N 90'00'00" W for 9.96 feet; thence S 00'00'00" W for 5.52 feet; thence N 90'00'00" W for 5.00
feet; thence S 00'00'00" W for 5.52 feet; thence N 90'00'00" W for 4.76 feet; thence S 16'20'08" E for 60.19
feet; thence S 00'00'00" W for 43.95 feet; thence S 90'00'00" ,E for 2.79 feet to the Point of Beginning.
SURVEYOR'S NOTES:
- This site lies in Section 27, Township 55 South,
Florido.
Ronge 42 Eost, City of Miomi Beoch, Miomi-Dode County,
- Beorings hereon ore referred to on ossumed volue of N 00'00'00" E for the Eost right of woy line of
Liberiy Avenue.
- Londs shown hereon were not obstrocted for eosements ond/or rights-of-woy of records.
- Londs shown hereon contoining 910 squore feet, or 0.021 ocres, more or less.
- This is not o "Boundory Survey" but only o grophic depiction of the description shown hereon.
- Dimensions shown hereon ore bosed on Fortin, Leovy, Skiles, sketch #2005- 105.
SURVEYOR'S CERTIFICATION :
lhereby certify thot this "sketch of Description" wos mode under my responsible chorge on Februory 23,2015,
ond meets the opplicoble codes os set forth in the Florido Administrotive Code, pursuont to Section 472.027,
Florido Stoiutes.
"Not valid withoul the slgnature and the orlginal raised
seal ol a Florida Licensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., L83653
R,r :r'/;ff;i''fir*
-' I -o-oniJ c -r";il,a-F--fi; Fir;---
Surveyor ond Mopper, 152853
Stote of Florido.
Drawn By N/Ap
Cad. No. 15OO27
Ret. Dwp.'2005-105
REVTSED: 2/23/15
r 50256
Plotted: 2/2s/15 9:550
LEGAL DESCRIPTION, NOTES & CERTIFICATION
FonrrN, LEAVY, S t<lI-es, rNC.
CONSULTING ENGINEERS, SUR\rEYORS & MAPPERS
FLORIDA CERTIFICATE OF AUTTIORIZATION NUI\,BER: 0OO03653
1 80 1\Iqrtheast 16ath. Strect / I{ortla l\4ir'-{ E}caah, Florida. 3?t62
Plrone: 305-653-4493 / Fu 3 05-65 1 -7152 / E,asil fls@flaswe5r.com
Date 2/23/15
Sca.le p91 TO SCALE
Iob. No. 15OO27
Dwg. No.1015-002-1
Sheet 1 of 3
336
LINE TABLE
LINE t ENGIH FIFARING
L 112.75 NOO'nO'OO"F
I 9.96 Nqn'no'no"w
L]5.52 soo'oo'oo"v
L4 5.O0 NOO'OO'On"W
soo'oo'oo"w
L6 4.76 Nqo'oo'oo"w
L/60. rs s16'20'O8"F
LT 43.95 qoo'no'oo"w
L!2.75 sso'oo'oo"F
EXHIBIT'A'
v
lt/ALOFT PARCEL
FOBTIN, LEAYY, SKILES, INC.
DRAWTNG f2005.105
@
AMENDED MAP OF THE OCEAN FRONT PROPEFITY
OF THE MIAMI BEACH IMPROVEMENT COMPANY
PI.-AT BOOK 5 PAGE 7
ro/
4/l
I
5
L6
L4q
+
\ .t,v/v/o,uo/t vC.l
@
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c_s
0
oJ
@
FIU
EE?
EEH
;grrQtr
'aH
zful
=>o>
tsg-Uo@
hb
POINT OF
BEGINNING
RIGHT OF WAY
PLAT BOOK 5
PAGE 7
RIGHI OF WAY
PLAT BOQK 5
PAGE 7
POINT OF
COMMENCEMENT
GRAPHIC SCALE
15 30
( IN TEET )
1 inch = 30 ft.
SKETCH OF DESCRIPTION
FonrrN, LBA.trY, S KTLES, rNC.
CONSULTING ENGINEERS, SUR\rEYORS & MAPPERS
FLORIDA CERTIFICATE OF AT TIIORIzATION NLTIVIBER: 000O3653
IEO Nortb€a8t 168tla. Slrcet/I\Tortla Ndi-n; Eleach, FlorirF- 33162
Pbone: 305-653-4493 / Fu 305-651-'1152 / Eaail fls@flssurvsl/.coE
Drawn By MAp
Cad.No' rsoo27
ReI.Dwg.
2005- 1 05
REVSED: 2/23/15
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339
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Urging The GovernorAnd Legislature Of The State Of Florida To Pass House Bill451 And Senate Bill '1046,
The Florida Film & Entertainment lndustry Financial lncentive Proqram With Additional Tax Credits.
lntended Outcome Su
Item Summary/Recommendation :
Maximize The Miami Beach Brand As A World Class Destination
Supporting Data (Surveys, Environmental Scan, etc.): N/A
On July 1,2010, the State of Florida's first major Film and Entertainment lndustry Tax Creditwas implemented, ushering in
a whirlwind of new film and television productions to the state, principally in the Southeast region. Miami Beach alone has
seen a 172o/o increase in production dollars spent annually from before the incentive to recent years, when we hosted
productions like "Burn Notice," "Magic City, " "Pain and Gain," "lron Man 3," and several locally produced telenovellas from
Miami-based Telemundo and Venevision. Film permits in Miami Beach have reached new records in annual permits issued
(1123), dollars spent ($127.7 million) and room nights (nearly 29,000) in Miami Beach in the past two years. The $296
million of allocated tax credits has brought in $1.5 billion in new Florida production spending, including $930 million in wages
for over 190,000 Florida production jobs. A recent study prepared by the Motion Picture Association of America (MPPA) in
conjunction with Visit Florida for the Florida Department of Economic Opportunity (DEO) showed 19.SYo of all visitors and
22.7% of leisure visitors to Florida stated viewing a movie or television series filmed in Florida was wither "extremely
important" or "very important" in their decision to travelto Florida and, further, the incentive provides a return on investment
of no less than $5.60 and potentially up to $15.00 for every $1 of incentive tax credit issued.
The allocated credits have now fully been used or allocated and no further credits were added in the 2013 Legislative
session, putting our future in entertainment production in jeopardy. The City's Tourism, Culture, Economic Development
Department's Film Office, serving in leadership of Film Florida, the statewide entertainment industry trade association, has
worked since the end of last year's session to educate the Legislature on the need for enhanced and reliable funding to
compete with states like Georgia, Louisiana and New York. This week, Representative Manny Diazol Hialeah filed H8983,
proposing strong and reliable long term funding for the program. A Senate companion bill, sponsored by Senator Nance
Detert is
N/A
Financial !nformation :
Source of Funds:
N/A
Amount Account
1
Total
Financial lmpact Summary:
N/A
Max Sklar, Tourism Cultural and Economic Director
AGENDA fiEM C7 KMIAMIBEACHo^rE 3-ll-li340
g MIAMIBEACH
City of ,[iomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Honorable Mayor Philip Levine and
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2014
M!AM! BEACH, FLORIDA, URGING THE GOVERNOR AND LEGISLATURE OF THE
STATE OF FLORIDA TO PASS HOUSE BILL 451 AND SENATE BILL 1046,
ENHANCING THE FLORIDA FILM & ENTERTAINMENT INDUSTRY FINANGIAL
INCENTIVE PROGRAM WITH ADDITIONAL TAX CREDITS.
BACKGROUND
On July 1,2010, the State of Florida's first major Film and Entertainment lndustry Tax Credit
was implemented, ushering in a whirlwind of new film and television productions to the state,
principally in the Southeast region. Miami Beach alone has seen a 172o/o increase in production
dollars spent annually from before the incentive to recent years, when we hosted productions
like "Burn Notice," "Magic City, " "Pain and Gain," "lron Man 3," and several locally produced
telenovellas from Miami-based Telemundo and Venevision. Film permits in Miami Beach have
reached new records in annual permits issued (1123), dollars spent ($127.7 million) and room
nights (nearly 29,000) in Miami Beach in the past two years. The $296 million of allocated tax
credits has brought in $1.5 billion in new Florida production spending, including $930 million in
wages forover 190,000 Florida production jobs. A recent study prepared by the Motion Picture
Association of America (MPPA) in conjunction with Visit Florida for the Florida Department of
Economic Opportunity (DEO) showed 19.5o/o of all visitors and 22.7o/o of leisure visitors to
Florida stated viewing a movie or television series filmed in Florida was wither "extremely
important" or "very important" in their decision to travel to Florida and, further, the incentive
provides a return on investment of no less than 95.60 and potentially up to $15.00 for every $1
of incentive tax credit issued.
The allocated credits have now fully been used or allocated and no further credits were added in
the 2013 Legislative session, putting our future in entertainment production in jeopardy. The
City's Tourism, Culture, Economic Development Department's Film Office, serving in leadership
of Film Florida, the statewide entertainment industry trade association, has worked since the
end of last year's session to educate the Legislature on the need for enhanced and reliable
funding to compete with states like Georgia, Louisiana and New York. This week,
Representative Manny Diaz of Hialeah filed HB983, proposing strong and reliable long term
funding for the program. A Senate companion bill, sponsored by Senator Nance Detert is
forthcoming.
RECCOMENDATION
The administration recommends approval of the resolution.
ffil&ffiseB
e83
T:\AGENDA\201S\March\TCED\Film lncentive Support 3-5-14 Commission Memo.doc
341
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, URGING THE GOVERNOR AND
LEGISLATURE OF THE STATE OF FLORIDA TO PASS HOUSE BILL
451 AND SENATE BILL 1046, ENHANCING THE FLORIDA FILM &
ENTERTAINMENT INDUSTRY FINANCIAL INCENTIVE PROGRAM
WITH ADDITIONAL TAX CREDITS.
WHEREAS, the Florida film and entertainment industries have long been coveted around the
world and the City of Miami Beach has been fortunate to host, cultivate, and support this industry for
the past six decades, going back to Frank Sinatra, Jackie Gleason, and Miami Vice; and
WHEREAS, the unmitigated success of the Florida Film & Entertainment lndustry Financial
lncentive Program, passed in 2010, led to Miami Beach having a second consecutive record year in
2013 in terms of film permits issued (1123) and dollars spent on permitted productions (just under
$128 Million), as well as accounting for over 14,600 room nights in Miami Beach alone, including
television projects such as "Burn Notice," "Magic City," and many reality and telenovela productions;
and
WHEREAS, the result of no additional funding in this program the past two legislative sessions
has seen a7.5o/o drop in permits issued and room nights and a 15.25o/o drop in dollars spent in Miami
Beach in 2014, and
WHEREAS, these projects, and those before them, have showcased Miami Beach to the
world and continue to do so in perpetuity, enhancing Miami Beach's brand worldwide and serving as a
diversifier and engine of tourism, the City's primary economy; and
WHEREAS, the current tax credits within the Florida Film & Entertainment lndustry Financial
lncentive Program haven been exhausted with the last incentivized productions completing their work
now, leading to the loss of at least seven major film and television productions that were slated for our
area in the past six months alone to competing states and locations, including Georgia and Louisiana,
New York and Puerto Rico, with more and likely permanent losses expected if funding is not restored
this year,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMTSSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby urge the
Governor and the Legislature of the State of Florida to pass HB 451 and companion SB 1046, which
serve to add additional and sufficient tax credits to the Florida Film & Entertainment lndustry Financial
lncentive Program so that the State of Florida and the City of Miami Beach may retain and enhance
their positions as key entertainment industry production centers.
PASSED and ADOPTED this 11th day of March 2015.
PHILIP LEV!NE, MAYOR
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
FIT_Orive\AGENDA\201,1U,!arch\Film Incentive Support Resotution 201 5.doc
APPROVED AS TO
FORM & IANGUAGE
-
Dote
-$
342
THIS PAGE INTENTIONALLY LEFT BLANK
343
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution retroactively approving and authorizing the acceptance of exercise equipment donated to the fire department
with a value of $38,250.
Board Recommendation:
Ensure Expenditure Trends are Sustainable Over the Long Term.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item S ummary/Recommendation :
On January 2,2015 the City of Miami Beach Fireon January 2,2015 the City of Miami Beach Fire Dcepartment received 23 pieces of gym equipment generously
donated by 420 Lincoln Road, LLC on behalf of Ambassador Paul L. Cejas.
These items have been distributed amongst fire stations for use by the fire department to maintain their fitness.
The items received were as follows:o 7 Treadmills. 2 Stationary Bikeso 1 Smith Machinee 2Lats&Backo 1 Ab Curls. 1 Pec Flys. 1 Multipress. 1 Climber. 1 Leg Press. 1 Bench Press. 1 Bar Rack with Bar Weights. 1 Bench lncline & Declineo 1 Chin Ups. 1 Leg Extensions
Financial lnformation :
Source of Funds:
N/A
Amount Account
1
Total
Financial lmpact Summary:
These donations are providing a total of $38,250 in in-kind contributions to eliminate costs for the Fire Department
Max Sklar, Tourism Cultural and Economic Director
AGENDA lrEM C1 LMIAMIBEACHo^rE 3-l l- t{344
1915.2015
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
March 11,2015
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE GITY OF
MIAMIBEACH, FLORIDA,Y APPROVING AND AUTHORIZING
THE ACCEPTANCE OF EXERCISE EQUIPMENT DONATED TO THE FIRE
DEPARTMENT WITH A VALUE OF $38,250 DOLLARS.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
ANALYSIS
On January 2,2015 the City of Miami Beach Fire Dcepartment received 23 pieces of gym
equipmentgenerouslydonated by42O Lincoln Road, LLCon behalf of AmbassadorPaulL.
Cejas.
These items have been distributed amongst fire stations for use by the fire department to
maintain their fitness.
The items received were as follows:. 7 Treadmillso 2 Stationary Bikes. 1 Smith Machineo 2Lats&Backo 1 Ab Curlso 1 Pec Flyso 1 Multipresso 1 Climber. 1 Leg Presso 1 Bench Press. 1 Bar Rack with Bar Weightso 1 Bench lncline & Decline. 1 Chin Ups. 1 Leg Extensions
345
City Commission Meeting
Sponsorship Acceptance
March 11, 2015
Page 2 of 2
CONGLUSION
The Administration recommends the adoption of the attached Resolution authorizing the
acceptance of these donations made to the City of Miami Beach Fire Department.
346
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OFMIAMI BEACH, FLOR!DA, RETROACTIVELY APPROVING AND
AUTHORIZING THE ACCEPTANCE OF EXERCISE EQUIPMENT DONATED
BY 420 LINCOLN ROAD, LLG. TO THE CIry'S FIRE DEPARTMENT, WITH A
TOTAL ESTIMATED VALUE OF $38,250.
WHEREAS, the City of Miami Beach Fire Department received gym equipment donated
by 420 Lincoln Road, LLC; and
wH E REAS ""'tffii"fi $'J::
the ror rowi ng eq u i pme nt :
o l Smith Machineo 2Lats&Back
| 1ffi:::*,-
WHEREAS, the donation is being used by the City's Fire Department to help the
Department staff maintain a healthy lifestyle; and
WHEREAS, the Administration recommends that the City Commission retroactively
approve and accept the aforestated donation, with a total estimated value $38,250.
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 retroactively accept the donation of exercise equipment from 420 Lincoln
Road, LLC., to the City, for the City's Fire Department, have a total estimated value of $38,250.
PASSED and ADOPTED this 11th day of March, 2OiS.
ATTEST:
MAYOR PHILIP LEVINE
. APPROVED AS TO -FORM & IANGUAGE
& FOR EXECUTION-) o 0.-:L- 2-y',9fB
--Tityetomey Dote
RAFAEL E. GRANADO, CITY CLERK
347
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Amending The Approved 2015 List Of Organizations And/Or Groups Eligible To Receive
Complimentary Tickets As Per The City's Complimentary Ticket Policy Adopted Pursuant To
Resolution No. 2014-28638 Gardens Communitv Mental Health Center.
Board Recommendation:
Financial
lntended Outcome Su
N/A
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
The City Commission adopted a Complimentary Ticket Policy via Resolution No. 2014-28638 on June
11,2014. Pursuant to this policy, the City Manager's Office has an established list of deserving
organizations and/or groups eligible to receive tickets. As per the adopted Policy, the Neighborhoods
and Community Affairs Committee must annually review the list of deserving organizations and/or
groups eligible to receive tickets.
The Neighborhoods and Community Affairs Committee reviewed the list again on December 19,2014
and recommended organizations sign an affidavit acknowledging that tickets are not for resale and
must be fairly and equitably distributed among residents or participants of the organization. The
Commission also recommended the City stamp the ticket "Not For Resale" prior to distribution.
On January 14,2015, the City Commission adopted Resolution No.2015-28895, which established a
list of deserving organizations and/or groups eligible to receive complementary tickets for 2015. The
Administration subsequently realized that Douglas Garden Community Mental Health Center (Douglas
Gardens) was inadvertently left off the list. Douglas Gardens is a Miami Beach based non-profit
organization and should have been included in the final list.
The Administration recommends adopting the Resolution adding Douglas Gardens Mental Health
Center to the list of deserving organizations and/or groups eligible to receive complementary tickets
lor 2015 t to Resolution No. 2014-28638.
N/A
OBPI
Financial Impact Summary: N/A
Max Sklar
Clerk's Office
&
-
AGENDA tr1tn C7 M
DATE 3-'I- I'MIAMIBEACH 348
t915.20r5
MIAMIBEACH
City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Honorable Mayor and Members of
Jimmy L. Morales, City Manager
March 11,2015
A RESOLUTION OF THE MA'AND CITY COMMISSION OF THE
FROM:
DATE:
SUBJECT:
2015 LIST OF ORGANIZATIONS AND/OR GROUPS ELIGIBLE TO
RECEIVE COMPLIMENTARY TICKETS AS PER THE CITY'S
COMPLIMENTARY TICKET POLICY ADOPTED PURSUANT TO
RESOLUTION NO. 2014.28638 ADDING DOUGLAS GARDENS
COMMUNITY MENTAL HEALTH CENTER.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City Commission adopted a Complimentary Ticket Policy via Resolution No. 2014-
28638 on June 11,2014. Pursuant to this policy, the City Manager's Office has an
established list of deserving organizations and/or groups eligible to receive tickets. As
per the adopted Policy, the Neighborhoods and Community Affairs Committee must
annually review the list of deserving organizations and/or groups eligible to receive
tickets.
The list was preliminarily reviewed at the November Neighborhoods and Community
Affairs Committee meeting and the Committee requested clarification regarding the
Miami based organizations. The Miami based organizations were originally included
because, at the time, they were part of the City's service partnership serving youth and
families in Miami Beach. Although these organizations are not based in the City they do
provided services in the City. The attached list has been revised to group the
organization who are part of the service partnership together. Additionally, ASPIRA and
South Florida Center for Family Counseling have been removed because they are no
longer part of the partnership and no longer providing services on Miami Beach. Choices
At Al, lnc. and Get Credit Healthy are both part of the service partnership, but are for
profit companies. lnstitute for Child and Family Health and Switchboard Miami are non-
profit entities who are part of the service partnership program.
The Neighborhoods and Community Affairs Committee reviewed the list again on
349
December 19, 2014 and recommended organizations sign an affidavit acknowledging
that tickets are not for resale and must be fairly and equitably distributed among
residents or participants of the organization. The Commission also recommended the
City stamp the ticket "Not For Resale" prior to distribution.
On January 14,2015, the City Commission adopted Resolution No. 2015-28895, which
established a list of deserving organizations and/or groups eligible to receive
complementary tickets for 2015. The Administration subsequently realized that Douglas
Garden Community Mental Health Center (Douglas Gardens) was inadvertently left off
the list. Douglas Gardens is a Miami Beach based non-profit organization and should
have been included in the final list.
CONCLUSION
The Administration recommends adopting the Resolution adding Douglas Gardens
Mental Health Center to the list of deserving organizations and/or groups eligible to
receive c^omplementary tickets for 2015 pursuant to Resolution No. 2014-28638.o
il,/)
JLM/KGB/MAS
T:\AGENDA\2015\March\TCED\Comp Tickets Non Profit List NCAC Recommendation Memo Douglas Garden
Correction.docx
350
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE APPROVED 2015 LIST OF
ORGANIZATIONS AND'OR GROUPS ELIGIBLE TO
RECEIVE COMPLIMENTARY TICKETS AS PER THE
CIry'S COMPLIMENTARY TICKET POLICY ADOPTED
PURSUANT TO RESOLUTTON NO. 2014-28638f ADDTNG
DOUGLAS GARDENS COMMUNITY MENTAL HEALTH
CENTER.
WHEREAS, on June 11, 2014, the City Commission adopted a Complimentary
Ticket Policy ("Policy") pursuant to Resolution No. 2014-28638; and
WHEREAS, pursuant to this Policy, the City Manager's Office has established a
list of deserving organizations and/or groups eligible to receive complimentary tickets;
and
WHEREAS, pursuant to the Policy, the City Manager has designated the
Neighborhoods/Community Affairs Committee ("Committee") as the advisory committee
to annually review and recommend a list of deserving organizations and/or groups
eligible to receive complimentary tickets, which list is reported to the City Commission
on an annual basis; and
WHEREAS, the Committee reviewed the list at its December 19,2014 meetingi
and recommended the attached list of eligible organizations; and
WHEREAS, on January 14,2015, the City Commission adopted Resolution No.
2015-28895, which established the list of deserving organizations and/or groups eligible
to receive complementary tickets for 2015; and
WHEREAS, the Administration subsequently realized that Douglas Gardens
Community Mental Health Center (Douglas Gardens) was inadvertently left off the list,
and Douglas Gardens is a Miami Beach based non-profit organization that should have
been included in the final list; and
WHEREAS, the Administration recommends adopting this Resolution, adding
Douglas Gardens to the list of deserving organizations and/or groups eligible to receive
complementary tickets for 2015 (pursuant to Resolution No. 2014-28638).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby amend the approved 2015 list
of organizations and/or groups eligible to receive complimentary tickets as per the City's
Complimentary Ticket Policy adopted pursuant to Resolution No. 2014-28638, adding
Douglas Gardens Community Mental Health Center.
351
PASSED and ADOPTED this 11th day of March, 2015.
ATTEST:
MAYOR PHILIP LEVINE
RAFAEL E. GRANADO, CITY CLERK
JLMKGB/MAS
T:\AGENDAt2015\March\TCED\Comp Tickets Non Profit List NCAC Recommendation RESO Douglas Garden Correction.docx
352
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355
COMMISSION ITEM SUMMARY
Condensed Title:
Resolutions authorizing the Mayor and to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, lnc. dlbla Miami Beach Cinematheque, dated December 9, 2009, for the use approximately
2,523 square feet of City-owned property, located at 1130 Washington Avenue, First Floor South, Miami Beach, Florida
(Premises); said Amendment allowing for alcohol sales for consumption at the Premises, as permitted under Resolution
No. 2014-28790; and further providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
Intended Outcome
Financial lnformation:
Data (Surveys, Environmenta! Scan, etc.):
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-27242, approvingffiertain
Lease Agreement (the "Lease Agreement") between the City and Miami Beach Film Society, lnc. dlbtal Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-owned building known as Historic
City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1,2010 and terminating on
February 28,2013, with two (2) additional three (3) year renewal terms.
On November 25, 2012, Tenant exercised its first renewal option, commencing on March 1, 2013 and terminating on
February 28,2016; and
On October 22,2014, the Mayor and the City Commission adopted Resolution No. 2014-28790, allowing for alcohol sales
for consumption on site for O Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at Historic
City Hall.
On July 23,2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884, creating Section 82-7 of the
City Code, providing for the prohibition of the sale or use of expanded polystyrene food service articles by City contractors,
in connection with any City contract, lease, concession agreement or special event permit.
The Administration recommends the approval of Amendment No. 1 to Lease Agreement, allowing Cinematheque to offer
alcohol sales for consumption at the Premises; and further providing for the prohibition of the sale or use of expanded
food service articles at the Premises.
Financial lm pact Summary:
Max , ext. 61 16
Clerk's Office
F:\T Drive\AGENDA h\TCID\C incnralheque\C rnerrratheque
AGENDA ITEM C1 N -
DATE 3-II-[\E MIAMIBEACH 356
MIAMIBEACH
City of Miomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Philip Levine and Membe of the City
Jimmy Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
APPROVING AND AUTHORIZINGCITY OF MIAM! BEACH, F
THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO
LEASE AGREEMENT BETWEEN THE CITY AND MIAMI BEACH FILM
SOCIETY, INC. D/B/A MIAMI BEACH CINEMATHEQUE, DATED
DECEMBER 9, 2009, FOR THE USE OF APPROXIMATELY 2,523
SQUARE FEET OF GITY.OWNED PROPERTY, LOCATED AT 1130
WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI BEACH,
FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS
PERMITTED UNDER RESOLUTION NO. 2014-28790; AND FURTHER
PROVIDING FOR THE PROHIBITION OF THE SALE OR USE OF
EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES AT THE
PREMISES.
ADMINISTRATION RECOMMENDAT ION
Adopt the Resolution.
BACKGROUND
On December 9, 2009, the Mayor and the City Commission adopted Resolution No. 2009-
27282, approving that certain Lease Agreement (the "Lease Agreement") between the City and
Miami Beach Film Society, lnc. dlblal Miami Beach Cinematheque ("Cinematheque") for
approximately 2,523 square feet of ground floor space in the City-owned building known as
Historic City Hall, located at 1130 Washington Avenue, Miami Beach, Florida.
The Lease Agreement was for an initial term of three (3) years, commencing on March 1, 2010
and terminating on February 28,2013, with two (2) additional three (3) year renewal terms. On
November 25,2012, Cinematheque exercised its first renewal option, commencing on March 1,
2013 and terminating on February 28,2016.
On October 22,2014, the Mayor and the City Commission adopted Resolution No.2014-28790,
allowing for alcohol sales for consumption on site for O Cinema Theatre at the Byron Cadyle
Theater and for Miami Beach Cinematheque at Historic City Hall.
On July 23, 2014, the Mayor and the City Commission adopted Ordinance No. 2014-3884,
creating Section 82-7 of the City Code, providing for the prohibition of the sale or use of
expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit.
357
Commission Memorandum
Cinematheque Amendment - Alcohol Sales / Polystyrene Prohibitbn
March 11, 2015
Page 2 of 2
ANALYSIS
Alcohol Sales
As permitted under Resolution No.2Q14-28790, Cinematheque wishes to offer alcohol sales for
consumption at the Premises. Section 1 of Amendment No. 1 to Lease Agreement, attached
hereto and marked "Exhibit 1", authorizes this use under the Lease Agreement
Polvstvrene Prohibition
Since Cinematheque renewed its Lease Agreement prior to the Mayor and City Commission
adopting Ordinance No. 2014-3884, they are not required to comply with Section 82-7 of the
City Code; however, at the request of the City, Cinematheque has voluntarily agreed to do so.
Accordingly, Section 82-7 of the City Code is included in Amendment No. 1 to Lease Agreement
as Section 2.
CONGLUSION AND RECOMME NDATION
The Administration recommends the approval of Amendment No. 1 to Lease Agreement,
allowing Cinematheque to offer alcohol sales for consumption at the Premises; and further
providing for the prohibition of the sale or use of expanded polystyrene food service articles at
the Premises.
/MMM
Amendment No. 1 to Lease Agreement
F:\T_Drive\AGENDA\2015\March\TCED\Cinematheque\Cinematheque MEMO (3-1 1-15).docx
lwffc
358
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO.l TO LEASE AGREEMENT
BETWEEN THE CITY AND MIAMI BEACH FILM SOCIETY, INC. D/B/A MIAMI
BEACH CINEMATHEQUE, DATED DECEMBER 9, 2009, FOR THE USE OF
APPROXIMATELY 2,523 SQUARE FEET OF CITY.OWNED PROPERTY,
LOCATED AT 1130 WASHINGTON AVENUE, FIRST FLOOR SOUTH, MIAMI
BEACH, FLORIDA (PREMISES); SAID AMENDMENT ALLOWING FOR
ALCOHOL SALES FOR CONSUMPTION AT THE PREMISES, AS PERMITTED
UNDER RESOLUTION NO. 2014-28790; AND FURTHER PROVIDING FOR
THE PROHIBITION OF THE SALE OR USE OF EXPANDED POLYSTYRENE
FOOD SERVICE ARTICLES AT THE PREMISES.
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted Resolution
No. 2009-27282, approving that certain Lease Agreement (the "Lease Agreement") between the
City and Miami Beach Film Society, lnc. dlblal Miami Beach Cinematheque, for approximately
2,523 square feet of ground floor space in the City-owned building known as Historic City Hall,
located at 1130 Washington Avenue, Miami Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years, commencing on
March 1,2010 and terminating on February 28,2013, with two (2) additional three (3) year renewal
terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option, commencing on
March 1,2013 and terminating on February 28,2016; and
WHEREAS, on October 22,2014, the Mayor and the City Commission adopted Resolution No.
2014-28790, allowing for alcohol sales for consumption on site for O Cinema Theatre at the Byron
Carlyle Theater and for Miami Beach Cinematheque at Historic City Hall; and
WHEREAS, On July 23, 2014, the Mayor and the City Commission adopted Ordinance No.
2014-3884, creating Section 82-7 of the City Code, providing for the prohibition of the sale or use
of expanded polystyrene food service articles by City contractors, in connection with any City
contract, lease, concession agreement or special event permit; and
WHEREAS, the Administration recommends the approval of Amendment No. 1 to Lease
Agreement, allowing Cinematheque to offer alcohol sales for consumption at the Premises; and
further providing for the prohibition of the sale or use of expanded polystyrene food service articles
at the Premises, substantially in the form attached hereto and incorporated herein as "Exhibit 1".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSTON OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the
Mayor and City Clerk to execute Amendment No. 1 to Lease Agreement between the City and
Miami Beach Film Society, lnc. d/b/a Miami Beach Cinematheque, dated December 9, 2009, for
the use of approximately 2,523 square feet of City-owned property, located at 1130 Washington
Avenue, First Floor South, Miami Beach, Florida (Premises); said Amendment allowing for alcohol
sales for consumption at the Premises, as permitted under Resolution No.2014-28790; and further
359
providing for the prohibition of the sale or use of expanded polystyrene food service articles at the
Premises.
PASSED and ADOPTED this day of
ATTEST:
Rafae! E. Granado, Gity Glerk Philip Levine, Mayor
2015.
T:\AGENDA\201 S\March\Cinematheque\Cinemalheque RESO (3-1 1-15) docx
APPROVED AS TO
FORM & LANGUAGE
360
AMENDMENT NO. 1 TO LEASE AGREEMENT
This Amendment No. 1 to Lease Agreement is entered into this _ day of
, 2015 by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation, (hereinafter referred to as "City" or "Landlord"), and MIAMI
BEACH FILM SOClEry, INC. (dlbla Miami Beach Cinematheque), a Florida not-for-
profit corporation, (hereinafter referred to as "Tenant").
WITNESSETH:
WHEREAS, on December 9, 2009, the Mayor and the City Commission adopted
Resolution No. 2009-27282, approving that certain Lease Agreement (the "Lease
Agreement") between the City and Miami Beach Film Society, lnc. dlblal Miami Beach
Cinematheque, for approximately 2,523 square feet of ground floor space in the City-
owned building known as Historic City Hall, located at 1130 Washington Avenue, Miami
Beach, Florida; and
WHEREAS, the Lease Agreement was for an initial term of three (3) years,
commencing on March 1,2010 and terminating on February 28,2013, with two (2)
additional three (3) year renewal terms; and
WHEREAS, on November 25, 2012, Tenant exercised its first renewal option,
commencing on March 1,2013 and terminating on February 28,2016; and
WHEREAS on October 22,2014, the Mayor and the City Commission adopted
Resolution No. 2014-28790, allowing for alcohol sales for consumption on site for O
Cinema Theatre at the Byron Carlyle Theater and for Miami Beach Cinematheque at
Historic City Hall; and
WHEREAS On July 23, 2014, the Mayor and the City Commission adopted
Ordinance No. 2014-3884, creating Section 82-7 of the City Code, providing for the
prohibition of the sale or use of expanded polystyrene food service articles by City
contractors, in connection with any City contract, lease, concession agreement or
special event permit; and
NOW THEREFORE, the City and Tenant, for and in consideration of the mutual
covenants, agreements and undertakings herein contained, do by these presents
mutually covenant and agree to amend the Lease Agreement, as follows:
1. SubsectionT.2, on page 5 of the Lease Agreement, shall be amended (deleted
items struek+nreaqh and inserted items underlinedl as follows:
7,2 lt is understeed and agreed that the Demised Premises shall be used-by
the Tenant during the Term ef this Agreement enly fer the abeve
tseever,
EXHIBIT
I
361
direetly er indireetly' is ferbidden by law, erdinanee er gevernment
net eemmit (ner permit) waste en the Demised Premises; ner permit the
use ef the Demised Premises fer any illegal purpeses; ner eemmit a
nuisanee en the Demised Premises, ln the event that the Tenant uses the
Demrsed Premises (er etherwise allews the Demised Premises te be
allews any prehibrted use(s) as previded herein, then the City may deelare
this Agreement in default pursuant te Seetien 18 er, wltheut netiee te
Tenant; restrain sueh impreper use by injunetien er ether legal aetien,
7.2 Prohibited Uses:
It is understood and aqreed that the Facilitv shall be used bv Tenant
durinq the term of the Lease Aoreement onlv for the permitted uses set
forth in subsection 7.1. and for no other purposes or uses
whatsoever. Notwithstandinq anvthinq contained in subsection 7.1. or anv
other term or condition of this Lease Aqreement: (1) Tenant will not make
or permit anv use of the Demised Premises that, directlv or indirectlv. is
forbidden bv anv Governmental Requirement. or that mav be danqerous
to life. limb or propertv: (2) Tenant shall not present for observation bv
patrons motion pictures. films, or video media. distinquished or
characterized bv an emphasis on matter depictinq, describinq or relatinq
to sexual conduct or specified anatomical areas ("Adult Motion Picture
Theate/'): (3) Tenant shall not sell books, maoazines. periodicals or other
printed matter: photoqraphs. films. motion pictures, videocassettes, slides
or other visual representations: recordinqs. other audio matter: and
novelties or devices: which have as their primarv or dominant theme
subiect matter depictinq. exhibitinq, illustratinq, describinq or relatinq to
sexual conduct or specified anatomical areas ("Adult Materials"): and (4)
Tenant mav not commit waste on the Demised Premises, use the
Demised Premises for anv illegal purpose. commit a nuisance on the
Demised Premises, or allow anv toxic. hazardous or danqerous substance
to be brouqht into the Demised Premises or stored therein (other than
small quantities of materials customarilv used in the operation of a live
theatrical performance venue, which shall be used and stored in
compliance with applicable law). ln the event that Tenant uses the
Demised Premises for anv purposes not expresslv permitted herein. then
the Citv. throuqh its Citv Manaqer. mav declare this Lease Aqreement in
default and. in addition to all other remedies available to Citv. restrain
such improper use bv iniunction or other leqal action. with or without
notice to Tenant.
A new subsection 7.4, in section 7, entitled "Use and Possession of Demised
Premises", shall be inserted (inserted items underlinedl as follows:
7.4 Beer and Wine Privileqes:
Pursuant to Resolution No. 2014-28790, permission to sell beer and wine
for consumption within the Demised Premises ("Beer and Wine
Privileoes") is limited and herebv qranted onlv for Miami Beach Film
2.
362
Societv. lnc., for so lonq as Miami Beach Film Societv. lnc. (under its
current ownership) shall continue to have a leasehold interest in the
Demised Premises durinq the Term of this Lease Aqreement, and shall
not extend to anv other entitv (includinq anv successors and/or assions of
Miami Beach Film Societv. lnc.). Anv chanqe in ownership includinq.
without limitation. a successor or assiqn of Miami Beach Film Societv, lnc.,
shall be required to secure the prior written consent from the Citv of Miami
Beach Commission in order to continue to maintain these Beer and Wine
Privileqes. Miami Beach Film Societv. lnc.'s Beer and Wine Privileqes are
further subiect to Miami Beach Film Societv, lnc. securinq the requisite
authorization to sell the alcohol for consumption pursuant to Section 6-
4(aX4) of the Citv Code. as mav be amended. which includes, without
limitation, compliance with the followinq criteria:
i. the sale of alcohol for consumption off the Demised
Premises is prohibited:
ii. a Minor Control Plan. settinq forth hours of operation and
alcohol sales. alcohol service and monitorinq procedures,
food service. and staff traininq must be approved bv the Citv
Manaqer or desiqnee orior to issuance of a license for
alcohol sales or consumption,iii. the Demised Premises must have desiqnated alcohol
beveraqe consumption areas:iv. no "Happv Hour'' tvpe of reduced price alcohol beveraoe
promotion shall be allowed:v. Miami Beach Film Societv. lnc. shall obtain the requisite
state licenses:vi. Miami Beach Film Societv, lnc. shall collect and remit resort
taxes to the Citv. as required pursuant to Section 102-306 of
the Citv Code: andvii. Miami Beach Film Societv, lnc. shall not be oermitted to
operate between the hours of 3:00 a.m. and B:00 a.m.
Failure to complv with the provisions of this subsection 7.4 shall be
deemed to be a default under this Lease Aqreement.
A new section 38, entitled "Prohibitions Regarding Sale or Use of Expanded
Polystyrene Food Service Articles", shall be inserted (inserted items underlinedl
as follows:
38. Prohibitions Reqardinq Sale or Use of Expanded Polvstvrene Food
Service Articles.
Pursuant to Section 82-7 of the Citv Code. as mav be amended from time
to time. effective Ausust 2,2014, the Citv has prohibited the use of
expanded polvstvrene food service articles bv Citv Contractors. in
connection with anv Citv contract. lease, concession aoreement or Special
event permit. Additionallv. pursuant to Section 82-385 of the Citv Code.
363
4.
as mav be amended from time to time. no polvstvrene food service articles
will be allowed in the riqhtof-wav, and no polvstvrene food service articles
can be provided to sidewalk caf6 patrons.
Expanded polvsfyrene is a petroleum bvproduct commonlv known as
Stvrofoam. Expanded polvstvrene is more particularlv defined as 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 moldinq, foam moldinq. and
extrusion-blown moldinq (extruded foam polvstvrene).
Expanded polysfyrene food service arficles means plates. bowls, cups.
containers. lids. travs. coolers, ice chests. and all similar articles that
consist of expanded polvstvrene.
Tenant aqrees not to sell. use, provide food in, or offer the use of
expanded polvstvrene food service articles at the Demised Premises or in
connection with this Lease Aqreement. Tenant shall ensure that all
vendors operatinq in the Demised Premises abide bv the restrictions
contained in this Section 38. A violation of this section shall be deemed a
default under the terms of this Lease Aqreement. This subsection shall not
applv to expanded polvstvrene food service articles used for prepackaqed
food that have been filled and sealed prior to receipt bv the Tenant or its
vendors.
Except as othenruise specifically amended herein, all other terms and conditions
of the Lease Agreement by and between the Landlord and Tenant shall remain in
full force and effect. ln the event there is a conflict between the provisions
provided herein and the Lease Agreement, the provisions of this Amendment No.
1 to Lease Agreement shall govern.
[The remainder of this page has been intentionally left blank]
364
lN WITNESS WHEREOF, this Amendment No. 1 to Lease Agreement has been
duly executed by the parties hereto as of the day and year first written above.
Attest:CITY OF MIAMI BEACH, FLORIDA
Rafael E. Granado, City Clerk Philip Levine, Mayor
Signature
Print Name
Attest:
Signature
MIAMI BEACH FILM SOCIEry, INC.
Dana Keith Weekly, President
Print Name
Signature
Print Name
CORPORATE SEAL
(affix seal here)
,8[[[8YiR3tlB'
& FOTEXECUTIoN
A (JL 3-i \b
-
Eiffircv-{1 Dote
F:\RHCD\$ALL\ECON\$ALL\ASSET\Historic City Hall\MB Film Society\Cinematheque - FirstAmendment FINAL (3-2-15).docx
365
COMMISSION IIEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
Recommendation of the Finance and Citywide Projects Committee to extend the Concession Agreement
with First Class Parking for Valet Parking Services for a three (3) year period or substantial completion of
the Miami Beach Convention Center Project, whichever occurs first; further approving and authorizing the
inistration to neqotiate said extension with First Class Pa
lntended Outcome Su
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74o/ool residents and72% of businessesratetheavailabilityof parkingacrosstheCityastoolittleor
much too little. Availability of parking was one of the changes residents identified to make Miami
Beach a better to live, work or
ltem Summary/Recommendation :
On February 25,2009, the Mayor and Commission approved Resolution No. 2009-27017, awarding a
concession agreement to First Class Parking, lnc., to provide valet parking services to the Miami Beach
Convention Center; Fillmore at the Jackie Gleason Theater; Lincoln Road; and other City property, as
required. The initialterm commenced on October 1,2010 and expired on September30,2013. Atwo-year
renewal option was exercised and commenced on October 1 ,2013, and expires on September 30, 2015.
On January 14,2014, the Mayor and Commission approved ltem No. C4A, entitled, "Referral to Finance
and Citywide Prolects Committee Regarding First Class Parking Concession Agreement" and referred to
the Finance and Citywide Projects Committee (FCWPC). On February 2,2015, the FCWPC discussed
Item No. 10, entitled, "First Class Parking -Valet Parking Concession Agreement".
Valet parking is an integral component on the menu of parking options. The two-year renewal option with
First Class Parking is set to expire on September 30, 2015, and there are no renewal options available. As
we know, the Miami Beach Convention Center (MBCC) will experience an unprecedented multiple year
renovation project. The Administration sought guidance as to how to proceed with regard to valet parking
service during MBCC's renovation. The options available are: (1) issue a Request for Proposals (RFP) for
valet parking services in order to ensure no interruption in service upon the expiration of the concession
agreement with the existing provider; (2) extend the concession agreement with the current provider on a
month-to-month basis or (3) approve a waiver of competitive bidding and award the current providerwith a
term of three (3) years or substantial completion the MBCC renovation prolect, whichever occurs first.
The FCWPC recommended Option 3, a waiver of competitive bidding and an extension to the current
provider (First Class Parking) with a term of three (3) years or substantial completion the MBCC renovation
project, whichever occurs first.
The Miami Beach Convention Center will undergo an unprecedented renovation project. lt is deemed
advantageous to have a valet parking service provider that is familiar with the operations and dynamics of
the Center through the construction phase. The Finance and Citywide Projects Committee recommended
a waiver of competitive bidding and an extension to the current provider (First Class Parking) with a term of
three (3) years or substantial completion the MBCC renovation project, whichever occurs first. The
Administration is seeking authorization to negotiate the recommended extension with First Class Parking.
Upon completion of successful negotiations, the Administration will seek ratification of said extension via a
5/7"'vote, approving a waiver of competitive bid by the Mayor and Commission.
Administration Recommendation: Adoot the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Saul Frances
\201 5\March\T:\AGENDAWaTI 1 201 12015.sum.doc
c1c,MIAMIBEACH AGENDA
D^fE 3'lHf366
g MIAMIBEACH
City of Miomi Beoch, 1Z0O Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o the City Co
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO EXTEND THE
CONCESSION AGREEMENT WITH FIRST CLASS PARKING FOR VALET
PARKTNG SERVTCES FOR A THREE (3) YEAR pERtOD OR SUBSTANTTAL
COMPLETION OF THE MIAMI BEACH CONVENTION CENTER PROJECT,
WHICHEVER OCCURS FIRST; FURTHER APPROVING AND AUTHORIZING
THE ADMINISTRATION TO NEGOTIATE SAID EXTENSION WITH FIRST
CLASS PARKING.
BACKGROUND
On February 25,2009, the Mayor and Commission approved Resolution No. 2009-27017,
awarding a concession agreement to First Class Parking, lnc., to provide valet parking
services to the Miami Beach Convention Center; Fillmore at the Jackie Gleason Theater;
Lincoln Road; and other City property, as required. The initialterm commenced on October
1,2010 and expired on September 30, 2013. A two-year renewal option was exercised and
commenced on October 1,2013, and expires on September 30, 2015.
On January 14,2014, the Mayor and Commission approved ltem No. C4A, entitled, "Referral
to Finance and Citywide Projects Committee Regarding First Class Parking Concession
Agreement" and referred to the Finance and Citywide Projects Committee (FCWPC).
On February 2,2Q15, the FCWPC discussed ltem No. 10, entitled, "First Class Parking -
Valet Parking Concession Agreement".
ANALYSIS
Valet parking is an integral component on the menu of parking options. The two-year
renewal option with First Class Parking is set to expire on September 30, 2015, and there
are no renewal options available. As we know, the Miami Beach Convention Center (MBCC)
will experience an unprecedented multiple year renovation project. The Administration
sought guidance as to how to proceed with regard to valet parking service during MBCC's
renovation. The options available are: (1) issue a Request for Proposals (RFP) for valet
parking services in order to ensure no interruption in service upon the expiration of the
concession agreement with the existing provider; (2) extend the concession agreement with
the current provider on a month{o-month basis or (3) approve a waiver of competitive
bidding and award the current provider with a term of three (3) years or substantial
completion the MBCC renovation project, whichever occurs first.
367
City Com m i ssion M e morand u m
March 11, 2015
Recommendation FCWPC - First Class Parking Concession Agreement Extension
Page 2 of 2
The FCWPC recommended Option 3, a waiver of competitive bidding and an extension to
the current provider (First Class Parking) with a term of three (3) years or substantial
completion the MBCC renovation project, whichever occurs first.
The Miami Beach Convention Center will undergo an unprecedented renovation project.
The Center will remain operational through construction. lt is deemed advantageous to have
a valet parking service provider that is familiar with the operations and dynamics of the
Center through the construction phase. The Administration is seeking authorization to
negotiate the recommended extension with First Class Parking. Upon completion of
successful negotiations, the Administration will seek ratification of said extension via a 5l7tn
vote, approving a waiver of competitive bid by the Mayor and Commission.
CONCLUS!ON
The Finance and Citywide Projects Committee recommended a waiver of competitive
bidding and an extension to the current provider (First Class Parking) with a term of three (3)
years or substantial completion the MBCC renovation project, whichever occurs first. The
Administration is seeking authorization to negotiate the recommended extension with First
Class Parking. Upon completion of successful negotiations, the Administration will seek
ratification of said extension via a 5l7th vote, approving a waiver of competitive bid.
,r*,*h,w
T:\AGENDA\2015\Marchl 12015\RecommendationFCWPCFirstClassParkingConcessionAgreement.cme.doc
368
RESOLUTION TO BE SUBMITTED
369
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution accepting a donation of $10,000 from the Miami Beach Chamber of Commerce
to be appropriated by the City to offset annual fees and professional development of staff for
the lnternational Baccalaureate authorized Miami Beach schools.
lntended Outcome
Achieve Educational (K-12) Excellence and lnduce Public School Accountability Mainly at
the Middle School
Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Survey, 75o/o of
respondents with children in public schools were either very satisfied or satisfied with the
City's public schools compared to 90% in 2012, 51o/o in 2007 and 53% in 2005. 76% of low-
income lntemational Baccalaureate diploma graduates go on to get a 4-year degree,
comoared to 69% in Miami-Dade Public Schools and 63% at Miami Beach Senior Hioh.
Source of
Funds:
OBPI
Financial lmpact Summary:
Clerk's Office lative T
AGEIIDA ITE}d C7 P
As part of the City's Education Compact, the City agreed to support discussions with the Miami
Beach Chamber and other appropriate organizations to identify funding for annual lnternational
Baccalaureate Program operating costs. Developed with significant community input, the
Compact reflects the desire of the Miami Beach communityto supportexcellence in theirschools
and an investment in the overall enhancement of education for its residents. The areas of focus
in our Compact include: teacher recruitmenUretention, enhanced communication, family support,
increase well-being, enhance student achievement, improve safety, and improve access to
technology. Enhanced student achievement includes a seamless curriculum of advanced
studies through the lnternational Baccalaureate (lB) Program from Pre-Kindergarten through
twelfth grade. On January 6, 2009, the City made a presentation to the Chamber outlining
additional needs to support the lB programs in Miami Beach Schools. The Chamber understood
that as each school becomes authorized annual fees and professional development of staff are
required to maintain the lB programs. As a result, the Miami Beach Chamber's Education
Foundation has donated $50,620 to date to offset the annualfees and professionaldevelopment
of staff for the lnternational Baccalaureate authorized schools. These funds will be applied to
upcoming annualfees and professional development of staff for Miami Beach public schools. lt
is recommended that the Commission aoorove the resolution acceotino the donation.
Financial lnformation:
# 177-8000-366917
Dr. Leslie Rosenfeld, Chief Learning
# MIAMIBHACH wme,3'll-t{370
l?15 . !*15
MIAAAIBTACH
TO:
FROM:
DATE:
City of Miomi Beoch, ,l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING A DONATION IN THE AMOUNT OF
$1O,OOO.OO FROM THE MIAMI BEACH EDUCATION FOUNDATION FROM
PROCEEDS OF THE MIAM! BEACH CHAMBER OF COMMERCE'S ANNUAL
GOLF TOURNAMENT TO BE UTILIZED BY THE CITY OF M!AM! BEACH'S
INTERNATIONAL BACGALAUREATE (tB) EDUCATIONAL PROGRAM, AND
APPROPRIATING THE $1O,OOO.OO DONATION TO CITY'S IB PROGRAM.
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
As part of the City's Education Compact, the City agreed to facilitate discussions with the
Miami Beach Chamber and other appropriate organizations to identify funding for annual
lnternational Baccalaureate Program operating costs that include required annual fees,
ongoing teacher training, coordinator supplements, books, extra teaching period
supplements, and annual exam registration and fee per student for the Diploma Program.
Developed with significant community input, the Compact reflects the desire of the Miami
Beach community to support excellence in their schools and an investment in the overall
enhancement of education for its residents. The areas of focus in our Compact include:
teacher recruitment and retention, enhanced communication of education and community
events, family involvement and support as well as engaging youth and community, increase
the health and well-being of students, enhance student achievement, improve safety and
perceptions of safety in our schools, and improve access to technology. Enhanced student
achievement includes a seamless curriculum of advanced studies through the lnternational
Baccalaureate (lB) Program from Pre-Kindergarten through twelfth grade. To date,
approximately $440,718 has been expended for application fees, professional development
forteachers, and otheryouth related activities. The following is the status of implementation
for each lB program:
Diploma Program as of Fall 2010. As an lB World School, approximately 82 percent
of those eligible in 2012, 89 percent of those eligible in 2013 and 65 percent of
those eligible in2014 received the lB Diploma. Currentlythere are 145 students in
the ninth grade seeking the lB Diploma, a 418 percent increase since the program
inception.
371
Commission Memorandum
March 5,2015
Miami Beach Chamber of Commerce Donation
Page 2 of 2
authorized to teach the lB MYP Program and attained authorization in 201 1.
Fisher, and Treasure lsland Elementary are authorized lB schools as of February
2013. North Beach Elementary and South Point Elementary are in the process of
obtaining their five-year reauthorization.
CHAMBER SUPPORT
Over the past several years, the Miami Beach Chamber of Commerce has been working
with the City of Miami Beach and the City's public schools, to supportvarious components of
the Education Compact.
On January 6, 2009, the City made a presentation to the Chamber outlining additional needs
to support the lB programs in Miami Beach Schools. The Chamber understood that as
each school is authorized, annual fees and professional development of staff are required to
maintain the lB programs. As a result, the Miami Beach Chamber's Education Foundation
has donated $50,620 as of March 2014 to partially fund lB related expenses for the City's tB
authorized public schools.
CONCLUSION
The Administration recommends the approval of this Resolution accepting a donation for
$10,000 from the MBCC for the implementation of the !B program in Miami Beach schools.
This approval will assist the Department in accomplishing its measurable objectives linked to
the City's Keylntended Outcomes to Achieve Educational (K-12) Excellence and lnduce
Public SchoglAccountability Mainly at the Middle School.
JLM/K
372
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING A
DONATION IN THE AMOUNT OF $1O,OOO.OO FROM THE MIAMI
BEACH EDUCATION FOUNDATION, INC., FROM PROGEEDS
OF THE MIAM! BEACH CHAMBER OF COMMERCE'S ANNUAL
GOLF TOURNAMENT, TO BE UTILIZED BY THE CITY OF
MtAMt BEACH',S TNTERNATTONAL BACCALAUREATE (,,t8")
EDUCATIONAL PROGRAM, AND APPROPRIATING THE
$1O,OOO.OO DONATION TO THE CITY'S IB PROGRAM.
WHEREAS, over the past several years, the Miami Beach Chamber of Commerce has
worked with the City of Miami Beach and the City's public schools to support various
components of the Miami Beach Education Compact ("Education Compact"); and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in education in the City's public schools and is an investment in the overall
enhancement of education for the City's residents; and
WHEREAS, as a result of the City's Education Compact with Miami-Dade County Public
Schools, all public schools in Miami Beach offer the lB program, which is internationally
recognized as a benchmark for education excellence and also fosters student participation in
community service; and
WHEREAS, the implementation of the lnternational Baccalaureate Program at Miami
Beach public schools depends on appropriate funding for a variety of operating costs such as
teacher training, and student books, supplies, and fees; and
WHEREAS, certain proceeds from the Miami Beach Chamber of Commerce's Annual
Golf Tournament were received by the Miami Beach Education Foundation, which Foundation
has generously offered to donate $10,000.00 to the City's lB Program.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE GITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby accept a donation in the amount of $10,000.00 from the Miami Beach
Education Foundation, lnc., which it received from proceeds of the Miami Beach Chamber of
Commerce's Annual Golf Tournament, and which funds shall be utilized by the City of Miami
Beach for its lnternational Baccalaureate Educational Program, and appropriating the
$10,000.00 donation to the City's lB Program.
PASSED AND ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine
Mayor APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Rafael Granado
City Clerk
373
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING RESOLUTION NO.2014-28485, WHICH AUTHORTZED, PURSUANT TO SEGTION 2-367 (E) OE',
THE MIAMT BEACH CITY CODE, THE WAIVING OF THE COMPETITIVE BID REQUIREMENTS, BY A 5/7
VOTE, FOR THE CONTINUATION OF LEASES FOR THE PORTABLE BUILDINGS CURRENTLY HOUSING
THE CITY'S PROPERW MANAGEMENT DIVISION, TO EXTEND SAID LEASES ON A MONTH.TO.MONTH
BASIS UNTIL SUCH TIME AS THE RELOCATION OF THE PROPERW MANAGEMENT DIVISION IS
FINALIZED UPON COMPLETION OF ITS NEW FACILITIES.
lntended Outcome
Ensure well maintained facilities
Supporting Data (Surveys, Environmental Scan, etc.: Build And Maintain Priority lnfrastructure With Full
Item Summary/Recommendation :
The Property Management Division is currently house in three (3) modular buildings, in the western end of
Flamingo Park, currently leased from Williams Scotsman and ModSpace. The modular buildings house the
maintenance supervisory staff, support services and a restroom facility. The restroom facility was installed in
October 2000. ln July 2005, a second modular building was installed to house supervisory staff. Last, and in
June 2006, a third modular building was installed to provide space to warehouse plans, staff and a conference
room.
The annual lease amount are currently approximately $33,8S2.85 for Williams Scotsman for the lease of two (2)
modular buildings, and $15,928.00 for ModSpace for the lease of one (1) modular building for a total annual
amount of $49,785.85. The costs are subject to periodic increases from both providers.
ln February, 2014, through Resolution 2014-28485, the City Commission authorized the continuation of the
subject leases for an additional one (1)year period. However, due to unforeseen delays in the construction of
the new Property Management Division's new facility, currently under construction in the Sunset Harbor area, it
is necessary to continue the leases until such time as the new facility is completed and the division can relocate.
Upon relocation of the division, the City will no longer require the use of the modular buildings; and, as such,
they will be dismantled and removed by either the lessor.
ln order to ensure continuity of services and avoid disruption to Property Management Division's operations, the
Administration recommends the continuation of the leases for the modular buildings from Williams Scotsman
and ModSpace on a month-to-month basis until the Property Management facility is ready to be occupied in
November 2015, or until the certificate of occupancy is issued for this facility. Additionally, the Administration is
seeking authority for the costs relating to the dismantling and removal of the units.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the Resolution accepting the
recommendation of the City Manager to continue the leases for the modular buildings from Williams Scotsman
and ModSpace on a month-to-month basis until the Property Management Division is relocated to the new
facility currently under construction; and, further authorize the City Manager to approve the terms and costs for
the dismantlinq and removal of the units uoon relocation of the t Division.
Advisory Board Recommendation :
Financial lnformation :
T:\AGENDA\201 ent\Bid Waiver Office Trailers Property
EM c7&
FY 1 3 I 1 4 Pro perty Mg mt. Rental 520-17 20 -000323
&
-
MIAMIBEACH AGENDA
onre 3-ll-lf374
MIAMIBEACH
City of Miqmi Beoch, 1700 Convenlion 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
March 11,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING RESOLUTION NO. 2014.28485, WHICH
AUTHORTZED, PURSUANT TO SECTION 2-367 (E) OF THE MIAMT BEACH CtTy
CODE, THE WAIVING OF THE COMPETITIVE BID REQUIREMENTS, BYA5/7
VOTE, FORTHE CONTINUATION OF LEASES FORTHE MODULAR BUILDINGS
CURRENTLY HOUSING THE CITY'S PROPERTY MANAGEMENT DIVISION, TO
EXTEND SAID LEASES ON A MONTH.TO-MONTH BASIS UNTIL SUCH TIME AS
THE RELOCATION OF THE PROPERTY MANAGEMENT DIVISION IS FINALIZED
UPON COMPLETION OF ITS NEW FACILITIES.
ADMIN ISTRATION REGOMMENDATION
Adopt the resolution.
FUND!NG
The annual cost with associated with these leases of modular buildings for Property Management is
subject to funds availability approved through the annual budgeting process. Account information
and availability of funds shall be verified and approved for each request prior to procuring the
services. The funding accounts noted below are the FY2015 budget amounts approved by
Commission.
$49,785.85 FY 14115 Property Management Rental Account 520-1720-000323
Should additional funding be required due to increased need of services, it will be subject to the
review and approval of the Office of Budget and Performance lmprovement (OBPI).
BACKGROU N D INFORMATION
The Property Management Division is currently house in three (3) modular buildings, in the western
end of Flamingo Park, currently leased from Williams Scotsman and ModSpace. The modular
buildings house the maintenance supervisory staff, support services and a restroom facility. The
restroom facility was installed in October 2000. ln July 2005, a second modular building was
installed to house supervisory staff. Last, and in June 2006, a third modular building was installed to
provide space to warehouse plans, staff and a conference room.
The annual lease amount are currently approximately $33,857.85 for Williams Scotsman for the
lease of two (2) modular buildings, and $15,928.00 for ModSpace for the lease of one (1 ) modular
building for a total annual amount of $49,785.85. The costs are subject to periodic increases from
both providers.
DATE:
SUBJECT:
375
Commission Memorandum
Continuation of Leases for Property Management Modular Buildings
March 11, 2015; a ., e 12
ANALYSIS
ln February, 2014, through Resolution 2014-28485, the City Commission authorized the
continuation of the subject leases for an additional one ( 1 ) year period. However, due to unforeseen
delays in the construction of the new Property Management Division's new facilig, currently under
construction in the Sunset Harbor area, it is necessary to continue the leases until such time as the
new facility is completed and the division can relocate. Upon relocation of the division, the City will
no longer require the use of the modular buildings; and, as such, they will be dismantled and
removed by either the lessor.
ln order to ensure continuity of services and avoid disruption to Property Management Division's
operations, the Administration recommends the continuation of the leases for the modular buildings
from Williams Scotsman and ModSpace on a monthto-month basis untilthe Property Management
facility is ready to be occupied in November 2015, or until the certificate of occupancy is issued for
this facility. Additionally, the Administration is seeking authority for the costs relating to the
dismantling and removal of the units.
CITY MANAGER'S REVIEW
After considering the review and recommendation of City staff, the City Manager exercised his due
diligence and is recommending that the Mayor and the City Commission authorize the continuation
of the leases for the modular buildings from Williams Scotsman and ModSpace on a month-to-
month basis until the Property Management Division is relocated to the new facility currently under
construction; and, further authorize the costs for the dismantling and removal of the units upon
relocation of the Property Management Division.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Resolution
accepting the recommendation of the City Manager to continue the leases for the modular buildings
from Williams Scotsman and ModSpace on a month-to-month basis untilthe Property Management
Division is relocated to the new facility currently under construction; and, further authorize the City
Manager to approve the terms and costs for the dismantling and removal of the units upon
relocation of the Property Management Division.
JLM/KGB/ETC/AI(AD
T:\AGENDA\201S\March\Procurement\Bid Waiver Office Trailers Property Mgt - MEMO.doc
376
377
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Add Additional Funds To The Existing Joint Participation
Agreement (JPA) Between The City And The Florida Department Of Transportation (FDOT) ln The
Amount Of $500,000, For Utility Work To lnclude: Construction Of Water, Sewer And Stormwater
Drainage lmprovements Within The ProjectArea, As Part Of The State Road 907/Alton Road Project From
5'h Strelt ro Michioan Avenue.
lntended Outcome Su
Item Summary/Recommendation :
The Florida Department of Transportation (FDOT) and the City executed a Joint Participation Agreement
(JPA) for utility work by an FDOT highway contractor, dated October 2,2012, for utility improvements on
Alton Road/State Road (S. R. ) 907, from 5'n Street to Michigan Avenue (Project), whereby the City agreed to
use the services of an FDOT highway contractor for the Project.
Simultaneously with the execution of the JPA, FDOT, the City, and the Department of Financial Services,
Division of Treasury, executed a Memorandum of Agreement, which established an escrowaccountforthe
deposit of the payments due from the City to FDOT under the JPA, and in which escrow account the City
deposited an initial sum of $2,680,670.52.
The Alton Road construction revealed that the City utilities were in worse condition than originally
anticipated, and that additional utility work was required due to the fragile nature of the aged pipes, as well
as additional improvements.
At its April 23,2014 and July 23,2014 meetings, the City Commission approved additional funds in the
amounts of $240,000 and $500,000 to be added to the existing JPA between the City and FDOT, for utility
work to be performed by the FDOT highway contractor, as part of the State Road 907/Alton Road from Srh
Street to Michigan Avenue project.
The project is under construction and expected to be completed in July 2015. The Project includes
roadway, sidewalk, curb and gutter reconstruction and significant drainage improvements, including
construction of three (3) stormwater pump stations at 5'n, 1O'n, and 14'n Streets, decorative lighting,
landscaping, irrigation, and bonded aggregate improvements. ln order for FDOT to include a City owned
drainage and water main construction improvements, as well as additional replacement of storm drain
pipes, additionalwater meters and water lines, the City is requesting an additional $500,000.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Clerk's Office lative T
n-Offs:
IC WORKS\1700 W 25 ST
AGEIXDA I c1 R
Financial lnformation :
$193,397.00 420-2592-069357 Collins Ave.
main. SP Drive to 72nd St
t 3T$1lttlW3;1 ffittoBPl I rotat l$s
Financial lmpact Summary:
$100,093.00 424-2949-061 357 Upsizing Under
$106,510.00 423-2948-069357 Misc.
$100,000.00 427-2764-069357 Collins Ave
Utilities sth to Lincoln
Eric Carpenter, Public Works X6012
# MIAAAI*TATH aara 3-ll-li378
City of Miqmi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO ADD ADDITIONAL FUNDS TO THE EXISTING JOINT
PARTTCTPATION AGREEMENT (JPA) BETWEEN THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATTON (FDOT) tN THE AMOUNT OF $500,000,
FOR UTILITY WORK TO INCLUDE: CONSTRUCTION OF WATER, SEWER AND
STORMWATER DRAINAGE IMPROVEMENTS WITHIN THE PROJECT AREA, AS
PART OF THE STATE ROAD 907/ALTON ROAD PROJECT FROM sTH STREET TO
MICHIGAN AVENUE.
ADMINISTRATION REGOMMENDATION
The Administration recommends approving the Resolution.
FUNDING
/N
Mayor Philip Levine and Members of
/rre
Cltv Cop{Lission
Jimmy L. Morates, City Manager f- ib
March 11, 2015 t
A RESOLUTION OF THE MEYONIEND GITY COMMISSION OF THE CITY OF
E MIAMIBEACH
$1 93,397.00 - 420-2592-069357
$100,093 00 - 424-2949-061357
$1 06,51 0,00 - 423-2948-069357
$1 00,000.00 - 427-2764-069357
$500,000.00
BACKGROUND
Collins Ave. main. SP Drive to 72nd St.
Upsizing Under Capacity Water Mains
Misc. Wastewater & Water Upgrades
Collins Ave Utilities Sth to Lincoln
Total
The Florida Department of Transportation (FDOT) and the City executed a Joint Participation
Agreement (JPA) for utility work by an FDOT highway contractor, dated October 2,2012, for
utitity improvements on Alton Road/State Road (S.R.) 907, from 5th Street to Michigan Avenue
(Project), whereby the City agreed to use the services of an FDOT highway contractor for the
Project.
Simultaneously with the execution of the JPA, FDOT, the City, and the Department of Financial
Services, Division of Treasury, executed a Memorandum of Agreement, which established an
escrow account for the deposit of the payments due from the City to FDOT under the JPA, and
in which escrow account the City deposited an initial sum of $2,680,670.52.
379
Commission Memorandum - FDOT JPA - Alton Road from sth Street to Michigan Avenue
March 11,2015
Page2 of 2
The Alton Road construction revealed that the City utilities were in worse condition than
originally anticipated, and that additional utility work was required due to the fragile nature of the
aged pipes, as well as additional improvements.'
At its April 23, 2014 and July 23, 2014 meetings, the City Commission approved additional
funds in the amounts of $240,000 and $500,000 to be added to the existing JPA between the
City and FDOT, for utility work to be performed by the FDOT highway contractor, as part of the
State Road 907iAlton Road from sth Street to Michigan Avenue project.
The project is under construction and expected to be completed in July 2015. The Project
includes roadway, sidewalk, curb and gutter reconstruction and significant drainage
improvements, including construction of three (3) stormwater pump stations at Sth, 1Oth, and 14th
Streets, decorative lighting, landscaping, irrigation, and bonded aggregate improvements.
ln order for FDOT to include a City owned drainage and water main construction improvements,
as well as additional replacement of storm drain pipes, additional water meters and water lines,
the City is requesting an additional $500,000.
ANALYSIS
Utilitv Work bv Hiohwav Contractor Aoreement
As part of the FDOT project, a relocation of the City-owned water main system along Alton
Road was required. Considering the age and condition of the City utility infrastructure in this
area, staff determined that it would be advantageous to the City to upgrade the existing water
main system as part of the FDOT project. ln addition, the Project will also include upgrading the
water main laterals that service the side streets along the Project corridor.
During construction, it was determined that the connecting water, sewer and stormwater
infrastructure required upgrading, othenruise failure could occur in the next few years. These
funds will be utilized to make these improvements.
Utilitv Work bv Hiqhwav Contractor Memorandum of Aqreement
This Agreement will add to the existing escrow account established by FDOT with a deposit in
the amount of $500,000 funded by the City for the purpose of the construction of a new water
main system on Alton Road, from Sth Street to Michigan Avenue as part of the Project.
CONCLUSION
The Administration recommends that the proposed stormwater drainage and water main
improvements be constructed with the Alton Road improvements in order to reduce the risk of
failure of the water, sewer and stormwater system, as well as the potential need to perform
repairs in the new roadway shortly after completion. The Administration recommends approving
the Resolution authorizing these funds.
JLM/ETC/JJF/BAM
T:\AGENDA\201S\March\PUBLIC WORKS\FDOT additional funding Alton Road from 5th Street to Michigan Avenue - Memo March
201 5 (2).docx
380
RESOLUTION TO BE SUBMITTED
381
C7 - Resolutions
C7S A Resolution Transferring The Oversight And Management Of The City's Legislative
Priorities Concerning County, State, And Federal Legislation And Governmental Affairs
From The City Manager's Office To The Office Of The Mayor And City Commission,
With A Designee To Be Appointed By The Mayor.
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
(ltem to be Submitted in Supplemental)
Agenda ltem C 7J
Date 3- ll-t{382
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383
C7 - Resolutions
C7T Approval Of Fee ln Lieu Of Parking Letter For Pass Due Accounts.
(Office of the City Manager)
(Requested by City Commission on February 11,2015)
(ltem to be Submitted in Supplemental)
Agenda ltem C ?T -Date 3'll-19384
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385
R5
ORDINANCES
386
@ L,,'\ iAiViiBrACH
-
I / 111
OFFICE OF THE CITY ATTOR.NEY
R,AUI AGUILA, CITY ATTORNEY
TO:HONORABLE MAYOR PHILIP LEVINE
MEMBERS OF THE CIry COMMISSION
JIMMY L. MORALES, CITY MANAGER
COMMISSION MEMORANDUM
SECOND READING
PUBLIC HEARING
FROM:
DATE: MARCH 11,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 18 OF THE
CITY CODE, ENTITLED "BUSINESSES," BY 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 IN
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.
The City Managerand 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 has proposed an Ordinance amendment to better protect those
that might become victims to trafficking for sex or sexual performances in adult
entertainment businesses and establishments. This Amendment is vital to the
protection of the public health, safety and welfare of the citizens and visitors of the City
of Miami Beach. The Amendment will 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 these nude dance establishments.
The Amendment to the Ordinance was presented to the Mayor and City Commission at
their regularly scheduled meeting on February 11, 2015, and was passed after First
Reading without any further modifications.
RAUL J. AGUILA, CITY ArrONrtSI&DU.\ -
RJA/AB/sc Aqenda rtem R SA
Date _-3-ttt5-387
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
18 OF THE CIry 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 PERFORMERSIN 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.
WHEREAS, human trafficking is a growing problem in the State of Florida, and has risen
to the second most common criminal activity behind the illegal drug trade; and
WHEREAS, the Mayor and City Commission passed Ordinance No. 2015-3917, which
sought to address the exploitation of victims that are trafficked for sex or sexual performers in
adult entertainment businesses and establishments; and
WHEREAS, the City has recognized the existence of financial compensation of those
criminals whom are engaged in human trafficking, and has a legitimate governmental interest in
ensuring that workers and performers are directly compensated by the nude dance
establishment; and
WHEREAS, the City acknowledges that workers and performers in nude dance
establishments must be compensated directly, and the enactment of this amendment will
prohibit third parties from receiving the compensation of the workers or performers.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION l. That Chapter 18 of the Code of the City Miami Beach is hereby amended to
create Article XVI thereof, to be entitled "Nude Dance Establishments," as follows:
CHAPTER 18
BUSINESSES
Article XVl. Nude Dance Establishments.
Sec. 18-914. ffiies,Compensation Standards for Workers and
Performers.
388
A nude dance establishments, as defined in Section 142-127 of the Citv Code, and as such
Section mav be amended from time to time, must:
1. Provide direct monetarv or non-monetarv compensation to anv worker or performer at a
nude dance establishment. and shall maintain documentarv proof acknowledqinq that
the monetarv or non-monetary compensation was directlv received bv the worker or
performer. The documentation must identifv the performer or worker receivinq the
compensation, and will acknowledoe that no other individual. person or entitv was
entitled to, or received the compensation on behalf of the worker or performer. The
nude dance establishment shall not compensate anv worker or performer throuqh a
third-partv intermediarv or business entitv.
(a) A nude dance establishment shall maintain these compensation records for
oerformers and workers, and the Citv shall have a rioht to request and insoect
the records for anv and allworkers or performers at a nude dance establishment.
2. A worker or performer who works or performs at a nude dance establishment for a
period of less than four (4) davs within a calendar vear shall be exempt from this
Section.
Sec. 18-915. Enforcement: penalties.
(a) Civil fine for violators. The followino civil fines must be imposed for a violation of
Sections 18-913 and 18-914:
fl) First offense within a 12 month period must be a fine of $5,000.00:(!) Second offense within a 3 vear period must be a fine of $10.000.00:
(!) Third offense and subsequent offenses within a 5 vear period must be a fine
of $20.000.00.
(b) Enforcement. The Code Compliance Division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law
enforcement aoencies or requlatorv bodies from anv action to assure compliance
with this section. and all applicable laws. lf an enforcins officer finds a violation of this
section, the officer mav issue a Notice of Violation to the violator. The Notice of
Violation must inform the violator of the nature of the violation. amount of fine for
which the violator is liable, instructions and due date for pavino the fine, notice that
the Violation mav be appealed bv requestinq an administrative hearinq within ten
davs after service of the Notice of Violation, and that failure to appeal the violation
within the ten davs. shall constitute an admission of the violation and a waiver of the
riqht to a hearinq.
(s) Riohts of violators: pavment of fine: rioht to apoear. failure to pav civil fine or to
appeal.
flf A violator who has been served with a Notice of Violation must elect to either:
a. Pav the civil fine in the manner indicated on the Notice of Violation: or
b. Request an administrative hearinq before a special master to appeal
the Notice of Violation. which must be requested within 10 davs of the
issuance of the notice of violation.
(!) The procedures for appeal bv administrative hearinq of the Notice of Violation
389
shall be as set forth in sections 30-72 and 30-73.
(Q lf the named violator, after issuance of the Notice of Violation, fails to pav the
civil fine, or fails to timelv request an administrative hearinq before a special
master. the special master mav be informed of such failure bv report from the
officer. Failure of the named violator to appeal the decision of the officer
within the prescribed time period must constitute a waiver of the violator's
rioht to an administrative hearino before the special master, and must be
treated as an admission of the violation. which fines and penalties to be
assessed accordinolv.
({) A certified copv of an order imoosinq a fine mav be recorded in the public
records, and thereafter shall constitute a lien upon anv real or personal
propertv owned bv the violator. which mav be enforced in the same manner
as a court iudoment bv the sheriffs of this state, includinq lew aqainst the
violator's real or personal propertv. but shall not be deemed to be a court
iudoment except for enforcement purposes. After two months from the
recordinq of anv such lien that remains unpaid, the Citv mav foreclose or
othenruise execute upon the lien.
(!) Anv partv aqqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
(Q) The Special Master shall be prohibited from hearinq the merits of the Notice
of Violation or the consideration of the timeliness of a request for an
administrative hearinq. if the violator has failed to request the administrative
hearinq within ten (10) davs of the issuance of the Notice of Violation.
(Z) The Special Master shall not have discretion to alter the penalties prescribed
in Section 18-915.
(g) Enhanced penalties. The followinq enhanced penalties must be imposed. in addition
to anv mandatorv fines set forth in Sections 18-915 above. for violations of Sections
18-913 or 18-914:
flf Enhanced Penalties for this Section:
(a) lf the offense is a second offense within the precedinq 3 vear period of
time, in addition to the fine set forth in Subsection 18-915(a). the propertv
owner, companv or business entitv must be prohibited from operatino the
nude dance establishment for a three (3) month period of time.
(D) lf the offense is a third offense, in addition to anv fine set forth in
Subsection 18-915(a), the propertv owner. companv or business entitv
must be deemed a habitual offender. and the Citv Manaqer mav revoke
the business tax receipt or the certificate of use issued to such person.
companv or business entitv that have been deemed habitual offenders
pursuant to this section for a period not to exceed one vear.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are and the same are hereby
390
repealed.
SECTION 3. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," article," or other appropriate word.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect on the _ day of _,2015.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Mayor Philip Levine
Rafael E. Granado, City Clerk
Underscore denotes new language
@ denotes stricken language
(Sponsored by Commissioner Ed Tobin)
APPROVED ASTO
FORM & IANGUAGE
391
HlAlll HERAI0 | MiamilErah.com __lJ-E*_ THgts!lLlE!8!A!Y?L4q _l I5Ne
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE tS HEFEBY given that the following public hearings will be held by the Mayor and City
Commisslon ot the City o, Mlami Beach, Florida, in the Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Rorida, on Wednesday, March 11, 201 5, at lhe
time6 listed, or as soon tiereafter as the rTEtter can be heard;
10:00 a.$,
A R€soiudon Pursuant To Ctty Code Seciton 1 1&563, To Grant A CertirlcatB Of Approprlateness
For The Tshl Demolition Of The Existing Bandshell And Recreation Center Buildings And The
Construction Of A Portlon Of The Propos€d Mlaml Seach Convention Center Eullding And
hndscape Plafl Within The Boundari$ Ol The 21st Street Community Center Historic Site,
lnquiies fiay be directed to the Planning o€{,artment at 305-673.7550.
10:05 a.m.
A Flesolutjm Accepling The Flecornmendaiion Of TI-re Finance And Cityr*ide Projecls Committee
At lts February 2, 2015 Meetlng, Tc Apprcve Th6 Veatlon Of The Rlght Of Way Known As Llb€rty
Avenue (Palm Avenue) Betyreen 22nrj Slreet (Ocean Avenue) And 23d Street (Atianlic Avenue),
Which ls A 50 Foot ln Widlh Blght-Of-Way, Containing Approximably 12,500 Square Feet ln
Toial AIea, As Shown On The Plat Of Amend€d Map Of The Oceail Fr6nt Prop€rty Of The Miaml
Beach lmptovernent Company, Fl€corded ln Plat Book 5 At Page 7, Ol The Public Records Of
Miami-Dade eounty, ln Favor Of The Cify Of Miarni Be5ch, OheApplicanti y/aiving By 5/7th Vote,
The Competitive Bidding And Appraisal Flequirements Pursuant To Section 82-49{a) And (b.) Of
The City Ccd€, Fhding That The Puuic lnterEst \ buE 8s Served 8y Waiving Such Condilions.
lnquin'es may be dirccted to lhe Cepihf knprovements O{fice at 305.673.7071.
10:10 a-m.
A Besolution Follo'ring A Duly Noticd Publle Hearirrg, As Required Pursuant To Section 82-93 Of
The City Code, Approving The Benewal OfAn Exjsting Revocable Permit For Vera lylender And The
Drake Condominium Assocration, lnc., To ContinueTo Retain An Existing Handicap Access Hamp
In The CiV Bight-Of-y/ay Abutting The Drake Ccndominium, Lo€a1€d At 1460 Ocean Drive, Miami
Beach, Florida, And Authorizing The Mayor And Crty Cierk Tc Execute An Agreement Extending
The Hevacabl€ Pernlil. Such Ag€emgnt Exterrding The Term For An Additional Twenty (20) Years,
lnquiries may be drecied to the Ottice of tie Cily Aftorney at 305.673.747C andlor the Public tAtcrks
hpainent d 345.673.70A0.
10:15 a.m.
A Resoli.dion Adopting The Third Anendment To The Caphal Budget For Fiscal Year 2014115.
Inqulrles nay be drccted to tl:E Gfice of Budget and Pedoftnance lmprovement at K5.673.7510.
1A!.23e-ro.
An Ordinance Arnending Chapter 18 OiThe Clty Code, Entiiled "Businesses,'By Amending Article
XVI Titled T'(ude Danc6 Establishrnents,' By Creating Section 1&914 Thereof To Be Entitled
'Compensaiioil Standards ForlltrtrkersAEd Peformers," yJhlch Frovids Requirernents Regarding
The Method Of Comps'eation For Thme Workers And Performers ln Nude Dance Establishments;
And Am€nding S€ction 18-915 EntHed "Enforcemefi; Penatties," ByS€fiing Forth Fenalties For
A Violation Ci Section 18-914; Provididg For Flepealer; Severabiliiy: Codification; And An Efleriive
Daia, lnquides may he diredad to the Oflice of the City AttsRJ at 3O5.673.7470.
Dr. Stanley Sutnick CitizenE Forum - Pursuant'to Besolution Nc, 2013-2844d, the limes for lhe
Dr. Stanley Sutnick Cltizen's Fo(um are 89, a.m. and 1:O0 p.m., or as scon as presible thereafter.
Approximatdy thirty minutes will beallocated to each session. lvith individuais beirE limited to
ns more tnen lhree minutes or for a p€riod established by ihe Mayor. No appointment or advance
notification is needed in order to sp€ak to the Commission during this Forum.
INTEBESTEE PARTIES are inviled to appear at this meeting, or be represented by an agent,
or to express their views in writing addressed to the City Commission, clo the City Clerk, 1700
Coilention Center Drivq td Floor, CiFy Flall, fuliami $each, Florida 33133. Copies of these items
are available fo, publlc inspeotlon during normal business hours in the Otfice oi the City Clerl!
1?00 Convenlicn Center Dri!€, 1' Floo( City Halt, Miami Beach, Florida 33139. This meeting, or
any ilem her€ifl. may be continued, ar'ld under sLrch clrcumstances, additlonat leqal notice need
not be provided.
Pursuant to Section 286.01 05, Fla. Stat., the Cily herraby advises the publio that ifa person decides
to appeal any decision ma@ by the City Commissjon with respecl to any maf€r conddered at
its meeiing or its hearing, such person rnust ensure that a verbatirn record of the proceedingrs is
rnade, which record includss the teslimony and evidence upon which the appeal is to be based.
This notice does not constitijte consent by the City torthe introduction or admisslon of otherwise
inadmisslble or irrelevant evideffce, nor Coes it authorlze challenges or appeals not oiheftvise
allowed by law,
To request this matBrial in alterrEte formal sign languq€ interpreter (fiveday notice required),
informaiion on access for p€rsons wlth dlsabilites, and16r any accommodation lo revlew any
document or parthipale in any gty-sponsorad proceedings, call 305.60.1.2483 and select I for
English or 2 ,or Spanish, then opton 6; TTY users may cali via 71 I (Floida Ftelay Service).
Flafael E. Granado, City Clerk
City of MiamiBeach
392
r.-..-,Ir--
OFFICE OF THE CITY ATTORNEY
RAULJ, AGUIIA, CITY ATTORNEY
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
city Attorney Raur 1. aguitQr J-.-bC--
Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
FIRST READING
March 11,2015
SUBJECT: An Ordinance amending Ghapter 2 ol the Code of the City of Miami
Beach, entitled "Administration," by amending Article ll, entitled
"City Commission," by amending Section 2-12, entitled "Meeting
agendas" by providing requirements for meeting agenda items,
adding subsection headings, and re-lettering subsections; and
providing for Repealer, Severability, Codification, and an Effective
Date.
Pursuant to the request of Commissioner Micky Steinberg, the attached Ordinance
is submitted for consideration by the Mayor and City Commission. The proposed
Ordinance provides greater transparency, efficiency, and meaningful participation by the
members of the City Commission and the public with regard to items published in City
Commission meeting agendas. The Ordinance amends the provisions in Section 2-12
of Article ll, Chapter 2 of the City Code to require that items published in a City
Commission agenda shall include sufficient detail and information for the City
Commission and the public to evaluate the items in a reasonable and timely manner.
The Ordinance also provides minor housekeeping amendments by adding
subsection headings and relettering subsections.
Asenda ltem --858-Date 3-t\-t (
F:\ATTO\TURN\COMMMEMO\re ORD Amendinq Chapter 2 - Citv Commission Meetinq Aqendas.docx
393
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH,
ENTITLED "ADMINISTRATION," BY AMENDING ARTICLEII, ENTITLED "CITY COMMISSION," BY AMENDING
SECTION 2.I2, ENTITLED "MEETING AGENDAS" BY
PROVIDING REQUIREMENTS FOR MEETING AGENDA
ITEMS, ADDING SUBSECTION HEADINGS, AND RE.
LETTERING SUBSECTIONS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, in order to foster greater transparency, efficiency, and meaningful
participation by the City Commission members and by the public with regard to City
Commission meeting agenda items, the Mayor and City Commission wish to establish a
requirement that items published in a City Commission meeting agenda shall include sufficient
detail and information for the City Commission and the pubic to evaluate the agenda items in a
reasonable and timely manner.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 2-12 of Article II of Chapter 2 of the Code of the City of Miami
Beach, Florida, is hereby amended as follows:
CHAPTER 2
ADMINISTRATION
* {. :1.
ARTICLE II. CITY COMMISSION
Sec. 2-12. Meeting agendas.
(a) Statement of legislative intent: Consistent with the City of Miami Beach Charter, this
section will help uphold the principles of separation of powers and checks and balances. It will
also lend to improving transparency in govemment.
(b) Ordinance and charter amendment sponsors: Any proposed ordinance or charter
amendment that appears on the agenda of a city commission meeting for discussion and/or
approval by the mayor and city commission must have the name of the mayor and/or one or
more members of the city commission, placed prominently next to it as the sponsor of the
legislation. This requirement also applies to ordinances or charter amendments on any agenda of
a committee of the city commission.
394
($ The following are excepted from the requirements of this subsection:
(1) Applications for amendments to the land development regulations filed by
appointed boards or property owners pursuant to subsection 118-162(a) or (b) of
the City Code.
(2) Resolutions, discussion items not scheduled for first reading as an ordinance and
referrals to boards or committees proposed by the city manager or city attomey.
(c) leenda l/erns.' Items published in a City Commission meeting agenda shall include
sufficient detail and information for the City Commission and the public to evaluate the items in
a reasonable and timely manner.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered
or relettered to accomplish such intention, and the word "ordinance" may be changed to
"section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the
PASSED AND ADOPTED this
day of _,2015.
day of _,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
Strike{hreugh denotes deletions
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\TURN\Amcnding Chapter 2 Administration, Article II - City Commission Meeting Agendas.docx
& FOR EXECUTION
395
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396
COMMISSION ITEM SUMMARY
Condensed Title:
AnordinanceamendingDivisions1-4ofArticlelll,,.SafeNeighborhoodlmprovement
entitled "Community Development" to repeal the following three districts: Miami Beach Safe Neighborhood
lmprovement Districts No. 1, District No. 2, and District No. 3; and codifying Ordinance 93-2881 creating District No.4
known as the Normandy Shores Neiqhborhood lmorovement District.
Board Recommendation:
Streamline The Delivery Of Services Through All Departments
Supporting Data (Surveys, Environmentalscan, etc.): N/A
ltem Sqmmary/Recommendation :
ln 1988, the State of Florida, in an effort to promote public safety, created a grant program open to any
municipality that had created a Safe Neighborhood lmprovement District that would fund the creation of a Safe
Neighborhood lmprovement Plan. These special districts are designed to reduce crime through the
implementation of crime prevention through environmental design, environmental security, or defensible space
techniques, or through community policing innovations. The districts have the power to levy a special
assessment or millage against property within the district's defined boundaries in orderto fund implementation
of projects and programs contained in an adopted Safe Neighborhood lmprovement Plan. The City took
advantage of this program and created three of these districts each with the powerto levy an ad valorem tax of
up to 2 mills.
Through the years, these districts have remained inactive and information cannot be found as to when the
districts ceased activity or were ever active to begin with. Now today, we have in the Code, three districts that
would be difficult to reactivate and which still require the City to undertake reporting requirements to the State
of Florida's Office of Special District Accountability which also comes with a $175 per district fee (which the
City has gotten waived the last few years).
The City does have one active district of this type, the Normandy Shores Neighborhood lmprovement District.
Created in 1993, this district is responsible for the maintenance of gates and guards in the Normandy Shores
Neighborhood and the collection of a millage levied against the homes in the district to pay for these activities.
This district would not be affected by the proposed ordinance however, in doing the research for the repeal of
Districts Nos. 1 ,2, and 3, it was found that Ordinance 93-2881, which created the Normandy Shores District,
was never codified. ln an effort to insure transparency to the public, the proposed ordinance rectifies this
situation.
Financia! !nformation:
Source of Funds:
N/A
Amount Account
1
Total
Financial lmpact Summary:
Repeal of the districts will eliminate the need to pay annual reporting fee of $175 per district to the
District Accountability Office.
State of Florida's Special
Office of the
AGENDA rreru flSCMIAMIBEACHDArE 3-ll- lf397
g MIAMIBEACH
City of Miomi Beoch, 'l 700 Convention Cenier Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members City Co mission
FRoM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBIECT:AN ORDINANCE OF THE COMMISSION OF THE GITY OF
MIAMI BEAGH, FLORIDA, AME$IDING DtVtStONS I - 4, OF ARTTCLE llt..SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS." CONTAINED IiNT DISTRICTS," CONTAINED IN
Y DEVELOPMENT" TO REPEALCHAPTER 34, ENTITLED "COMMUNIry DEVELOPMENT" TO REPEAL
THE FOLLOWING THREE DISTRICTS: THE MIAMI BEACH SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT NO, 1, WITHIN AN AREA
CONTAINING APPROXIMATELY 820 ACRES AND COMPRISED OF THE
SOUTH POINTE REDEVELOPMENT AREA AND BY THE NATIONALLY
RECOGNIZED ARCHITECTURAL DISTRICT INCLUDING LINCOLN
ROAD; DISTRICT NO. 2 FOR THE NORTH SHORE COMMERCIAL
DISTRICT, CONSISTING OF 28O ACRES; AND DISTRICT NO. 3,
CONSISTING OF 620 ACRES IN AN AREA COMPRISED OF THE NORTH
sHoRE RESTDENTTAL D|STR|CT; AND COD|FYING ORDTNANCE 93-
2881, CREATING DISTRIGT NO 4, CONSISTING OF 234 ACRES OF
RESIDENTIAL PROPERTY KNOWN AS THE NoRMANDY SHoRES
NEIGHBORHOOD IMPROVEMENT DISTRICT (DISTRICT a);- PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILIW; AND PROVIDING
FOR AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM EN DATION
The Administration recommends adoption of the ordinance.
BACKGROUND
ln 1998, the State of Florida, in an effort to promote public safety, created a grant program open
to any municipality that had created a Safe Neighborhood lmprovement District that would fund
the creation of a Safe Neighborhood lmprovement Plan. These districts, are special districts
created by local government where there is a plan to reduce crime through the implementation
of crime prevention through environmental design, environmental security, or defensible space
techniques, or through community policing innovations. The districts have the power to levy a
special assessment or millage against property within the district's defined boundaries in order
to fund implementation of projects and programs contained in an adopted Safe Neighborhood
lmprovement Plan.
The end result of this offering by the State was that the City of Miami Beach created three
separate and distinct Safe Neighborhood lmprovement Districts and was able to obtain funding
to write at least two of the three plans for these districts (research of City records was
inconclusive as to funding for the third district) . These districts are described as:
1) Miami Beach Local Government Neiqhborhood lmprovement District No.1 - This district is
within an area containing approximately 820 acres comprised of the South Pointe
Redevelopment Area and the nationally recognized architectural district including Lincoln
398
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11,2015 Page 2
Road (see attached map);
2) Miami Beach Local Government Neiohborhood lmprovement District No.2 - This district is
within an area containing approximately 280 acres comprised of the North Shore
Commercial District (see attached map);
3) Miami Beach Local Government Neiohborhood lmprovement District No.3 - This district is
within and area containing approximately 620 acres comprised of the North Shore
Residential District (see attached map).
Creation of these districts was codified and each district was authorized to levy against real
property either an ad valorem tax up to 2 mills, the maximum allowed by state statute, or a
special assessment to pay for improvements.
Additionally, in 1993 the City created a fourth district:
4) Normandv Shores Local Government Neiqhborhood lmprovement District - This district is
within an area of approximately 234 acres consisting of single-family residences located
within the northern portion of the lsle of Normandy beginning at the intersection of North
Shore and Fairway Drives to include all parcels west with lndian Creek as the northern
boundary following the shoreline to the Normandy Watenray and including all parcels north
of the Normandy Waterway in an easterly direction to the intersection of Ray Street and
South Shore Drive (see attached map)
This fourth district was not codified and it was authorized to levy an ad valorem tax on real and
personal property up to 2 mills but not to exceed a cost of $500 per parcel of property.
ISSUES
While District Nos. 1, 2 and 3 were created, given taxing authority and codified, it is unclear as
to what efforts were actually undertaken by these districts or if any tax or special assessment
was ever levied against the properties in the districts. Clearly over time, the implementation of
these districts was pushed aside and forgotten.
The abandonment of these districts is exemplified in the creation of the fourth district, the
Normandy Shores Local Government Neighborhood lmprovement District. This district is
actually in conflict with District No. 3 as its approximately 234 acres are wholly contained within
the 620 acres of District No. 3. Additionally, the Normandy Shores District (the fourth district)
has been active since its creation and is currently the entity responsible for the gates and
guards at Normandy Shores and collectlon of taxes to fund these activities. Two districts with
the same purpose could not operate on the same parcels. This issue was not readily noticeable
because, while Districts No. 1,2 and 3 were codified, the fourth district, Normandy Shores, was
not codified.
District Nos. 1 , 2 and 3, while inactive, still exist. ln addition to the potential conflict between
District No. 3 and the Normandy Shores District, there are also reporting requirements for the
districts that still need to be met including reporting to the Florida Special District Accountability
Office. This report to the State also comes with an annual fee of $175 for each district, though
the City has gotten waivers for these fees in recent years. To avoid these issues and to insure
that future research clearly shows the existence of the Normandy Shores District, staff has
prepared the proposed ordinance which outlines changes to Code that will essentially dissolve
District Nos. 1 , 2 and 3 and will codify the Normandy Shores Local Government Neighborhood
lmprovement District.
399
City Commrssion Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 3
CONCLUSION
The Administration recommends the Mayor and City Commission approve the ordinance
amending Chapter 34, entitled Community Development at Article lll Safe Neighborhood
lmprovement Districts at Divisions 1 through 4.
400
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 4
ATTACHMENT A
MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 1t\
^J
401
City Commrssrbn Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 pase S
ATTACHMENT B
MIAM! BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 2
W:
I - DrsrRrcr 2
402
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 6
ATTACHMENT G
MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 3
i::tii:i:ii:;#i:: DISTRICT #3
!:::f.::::::::ii:::ii::
403
City Commrssion Memorandum
Amending Safe Neighborhood lmprovement Districts
March 11, 2015 Page 7
ATTACHMENT D
NORMANDY SHORES LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRICT
404
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING DIVISIONS { .4, OF ARTICLEIII, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS,"
CONTAINED !N CHAPTER 34, ENTITLED "COMMUNITY
DEVELOPMENT" TO REPEAL THE FOLLOWING TWO DISTRICTS:THE MIAMI BEACH SAFE NEIGHBORHOOD IMPROVEMENTDISTRICT NO. 1, WITHIN AN AREA CONTAINING
APPROXIMATELY 820 ACRES AND COMPRISED OF THE SOUTH
POINTE REDEVELOPMENT AREA AND BY THE NATIONALLY
RECOGNIZED ARCHITECTURAL DISTRICT INCLUDING LlNCOLN
ROAD; DISTRICT NO. 2 FOR THE NORTH SHORE COMMERCIAL
DISTRICT, CONSISTING OF 280 ACRES; AND DISTRICT NO. 3,
CONSISTING OF 620 ACRES IN AN AREA COMPRISED OF THE
NORTH SHORE RESIDENTIAL DISTRICT; AND CODIFYING
ORDINANCe 93-2881, CREATING DISTRICT NO 4, CONSISTING OF 234
ACRES OF RESIDENTIAL PROPERTY KNOWN AS THE NoRMANDY
SHORES NETGHBORHOOD TMPROVEMENT DISTR|CT (D!STR!CT 4);
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes Section 163.506 provides that the
governing body of a municipality may adopt an ordinance authorizing the formation of
Safe Neighborhood lmprovement Districts in accordance with the provisions of the
"Safe Neighborhoods Act"; and
WHEREAS, the City Commission of the City of Miami Beach, Florida has
adopted Ordinance No. 88-2605 authorizing the creation of Safe Neighborhood
lmprovement Districts within the C i t y of Miami Beach; and
WHEREAS, on April 6, 1988, the City enacted Ordinance 88-2606, authorizing the
creation of the Miami Beach Safe Neighborhood lmprovement District No. 1, within an
area containing approximately 820 acres and comprised of the South Pointe
Redevelopment Area and the then "Nationally Recognized Architectural District"
including Lincoln Road [description prior to historic designation]; and
WHEREAS, on April 20, 1988, the City enacted Ordinance 88-2607, authorizing the
creation of the Miami Beach Safe Neighborhood lmprovement District No.2, for the North
Shore Commercial District, consisting of 280 acres; and
WHEREAS, on Septembe r 22, 1988, the City enacted Ordinance 88-2628,
authorizing the creation of District No. 3, Consisting Of 620 Acres known as the North
Shore Residential District; and
WHEREAS, on October 30, 1993, the City enacted Ordinance 93-2881, creating
the Normandy Shores Neighborhood lmprovement District, to now be known as District
4, but which District was never codified in the City's Code; and
Page 1 of7
405
WHEREAS, the City would like to repeal Districts 1-3, as they are no longer
serving a purpose; and to Codifying the functioning District 4, in the City's Code of
Ordinances.
WHEREAS, the City continues to pay the State of Florida an administrative fee for
the continued use of these districts, however, these districts have been defunct for several
years, and the City is now seeking to dissolve these Safe Neighborhood Districts, 1, 2, and
3; and to codifying the functioning Safe Neighborhood District 4.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA
Section 1. Chapter 34, entitled Community Development, at Article lll Safe
Neighborhood lmprovement Districts,: at Divisions 1 through 4 are hereby amended as
follows:
CHAPTER 34
COMMUNITY DEVELOPMENT
ARTICLE III _ SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS
DIVISION 1. . GENERALLY
Sec. 34-121. - Established.
Safe neighborhood improvement districts shall be established within the City as
provided for in F S S 163.506, relating to local government improvement districts.
Secs. 34-122-34-145. - Reserved.
DIVISION 2. . RESERVED. DISTRICT 1
Sec 34-146 throush 34-150 Reserved.
See, 34 1'16, Greatien,
F,S, S 163,506; te inelude appreximately 820 aeres in an area eemprised ef the Seuth
Peinte Redevelepment Area and by the natienally reeegnized arehiteetural distrieti@
ming-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
Page 2 of 7
406
See, 3'l 148, Finanees,
(a) The leeal gevernmentneighberheed distriet ereated by this divisien is autherized te
fer a planning grant and up te an additienal $30,000,00 te empler the serviees ef
@
(b) The distriet may utilize a maximum ef twe mills ad valerem taxes er speeial
See, 34 149, Beard ef direeters,
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+ivgien-
(b) The beard ef direeters shall engage in seme er all ef the aetivities speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is established fer the leeal gevernment neighberheed
i
er residents ef the distriet e+ merehants/business persens with their primar}r plaees ef
the beard ef direeters,
direeters and shall submit within the time peried speeified by the beard ef direeters a
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
DIVISION 3. RESERVED. DISTRIGT 2
Sec. 34-171 throuqh 34-175 Reserved.
See, 34 171, ereatien,
163,506; te inelude appreximately 280 aeres in an area eemprised ef the Nerth Shere
Cemmereial Distriet,
Page 3 of 7
407
Wing-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
See, 34 17& Finanees,
(a) The leeal gevernment neighberheed distriet ereated by this divisien is autherized te
fer a planning grant and up t+ an additienal $30,000,00 te empley the serviees ef
@
(b) The distriet may utilize a maximum ef twe mill+ ad valerem taxes er speeial
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+iveien-
(b) The beard ef direeters shall engage in seme er all ef the aetivities speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is hereby established fer the leeal gevernment neighberheed
imprevement distriet ereated by this divisien, The advisery beard shall be eempesed ef
er residents ef the distriet er merehants/business persens with their primary plaees ef
T lth Streets; 71st Street frem Cellins Avenue te lndian Creek (bridge), and 71st
StreeUNermandy Drive frem lndian Greek (bridge) te Rue Netre Dame, These members
will serve at the pleasure ef the beard ef direeters,
(b) The advisery beard shall perferm sueh duties as may be preseribed by the beard ef
direeters and shall submit within the time peried speeified by the heard ef direeters a
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
DIVISION 4. RESERVED DISTRICT 3
ffi
Page 4of7
408
aflt te F,S, S
163,506; te inelude appreximately 620 aeres in an area eemprised ef the Nerth Shere
Residential Distriet,
ming-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
SEc=34-198=-+inanc€s-
(a) The leeal gevernment neighberheed distriet ereated by this divisien is autherized te
@
(b) The distriet may levy a maximum ef twe mills ad valerem taxes en real er persenal
prepe*y-
(eI The distriet is autherized te use speeial assessments pursuant te F,S, Ch, 170 te
(a) The City Cemmissien is designated as the beard ef direeters ef the distriet ereated
Uy+nis+iveien-
(b) The beard ef direeters shall engage in seme er all ef the aetMties speeified in F,S, S
163,513, The beard ef direeters is empewered te undertake any and all aetivities
(a) An advisery beard is established fer the leeal gevernment neighberheed
imprevement distriet ereated by this Divisien, The advisery beard shall be eempesed ef
ne fewer than nine members whe shall be ewners ef real preperty leeated in the distriet,
er residents ef the distriet er merehants/business persens with their primary plaees ef
et tne aavisery UmrA snatl Ue
(b) The advisery beard shall perfenn sueh duties as ma,' be preseribed by the beard ef
direeters and shall submit within the time peried speeified by the beard ef direeters a
he
distriet's ebjeetives, ln fermulating a plan fer serviees er imprevements, the advisery
Gity respensible fer preparatien ef the distriet's plan,
DIVISION 5. DISTRICT 4.
Sec.34-201. Greation.
Page 5of7
409
(a) A
Norma hores
n
Sec. 34-202 Board of Directors.
The Miami Beach Citv Commission is hereby desionated as the Board of Directorsmisiiiffi.
Sec. 34-203 Finances.
(a) District 4 is hereby authorized to levv an ad valorem tax on real and personal
propertv of up to two mills annually, but not to exceed $500 per parcel of propertv
p_eryear, to support planninq and implementation of District 4 improvements.
(b) District 4 is hereby authorized to use special assessments. pursuant to
Section 163.514, Florida Statutes, not to exceed $500.00 per parcel of propertv per
year, tosupportplanninq and implementation of District 4 improvements.
Sec. 34-204 Advisorv Council.
or
residents of District 4, as appointed bv the Mavor and City Commission, is herebv
established.
Sec. 34-205 Powers of District.
ordinance. orohibit the use of
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
direction to the in
Page 6 of 7
410
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. SEVERABIL!ry.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
Underscore denotes new language
S+i*etnreugh denotes deleted language
(Sponsored by Commissioner Malakoff)
F:\ATTO\BOUE\Ordinances\Repeal of Safe Neighborhood District 1 and 2.docx
Page 7 of7
APPROVED AS TC
FOriI. i 8:,,ii.iGLl/\GE
411
THIS PAGE INTENTIONALLY LEFT BLANK
412
a
.r!!rr
OFFICE
lnteroffi
OF THE CITY ATTORNEY, Raul J. Aguila, City Attorney
ce Memorandum
To:
From:
Mayor Philip Levine
Members of the City Commission
8fi;^rr*a.wRI=
Date: March 11,2015
Subject: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE Clry
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CITY
CODE, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE II,
ENTITLED ..DISCRIMINATION," BY AMENDING DIVISION 4, ENTITLED..EXCEPTIONS," BY AMENDING SECTION 62.113 THEREOF, ENTITLED
"PUBLIC ACCOMMODATIONS," BY REPEALING SECTION 62-113(aX1)TO REMOVE THE EXCEPTION TO THE NONDISCRIMINATION
PROVISIONS OF THE CITY'S HUMAN RIGHTS ORDINANCE FOR
CERTAIN PUBLIC ACCOMMODATIONS; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
At its meeting on February 11, 2015, the City Commission approved Resolution No.
2015-28926 urging the Florida Legislature to oppose Florida House Bill 583 (2015),
which would require that the use of single-sex public facilities be restricted to persons of
the sex for which the facilities are designated, provide criminal penalties for knowingly
and willfully entering a single-sex public facility designated for or restricted to persons of
the other biological sex, provide a private cause of action against violators of the
proposed law, and preempt local regulations to the contrary. The City Commission also
voted on February 11,2015 to direct the Office of the City Attorney to draft amendments
to Chapter 62 of the City Code in order to remove the exception in City Code Section
62-113(a)(1) to the nondiscrimination provisions of the Miami Beach Human Rights
Ordinance for restrooms, shower rooms, bathhouses, health spas, and similar facilities.
This Ordinance will conform the City's Human Rights Ordinance to the Miami-Dade
County Human Rights Ordinance, which is applicable in both the incorporated and
unincorporated areas of Miami-Dade County, to the extent that the Miami-Dade County
Human Rights Ordinance makes no exception to its nondiscrimination provisions for
restrooms, shower rooms, bathhouses, health spas, or similar facilities.
Agenda ttem RSD
Date 3-tl-15413
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CITY
CODE, ENTITLED "HUMAN RELATIONS," BY AMENDING ARTICLE It,
ENTITLED "DISCRIMINATION," BY AMENDING DIVISION 4, ENTITLED..EXCEPTIONS," BY AMENDING SECTION 62.113 THEREOF, ENTTTLED
"PUBLIC ACCOMMODATIONS," BY REPEALING SECTTON 62-113(a)(1) TO
REMOVE THE EXCEPTION TO THE NONDISCRIMINATION PROVISIONS OF
THE CITY'S HUMAN RIGHTS ORDINANCE FOR CERTAIN PUBLTC
ACCOMMODATIONS; AND PROVIDING FOR REPEALER, SEVERABIL|TY,
CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City
Code, declares that "there is no greater danger to the health, morals, safety and welfare of the city
and its inhabitants than the existence of prejudice because of differences of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial
status, age, or disability," and that "prejudice, intolerance, bigotry and discrimination and disorder
occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very
institutions, foundations and bedrock of a free, democratic society"; and
WHEREAS, in view of this policy, the Miami Beach Human Rights Ordinance prohibits
discrimination in employment, public accommodations, housing, and public services, on the basis
of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation,
marital and familial status, age, and disability; and
WHEREAS, on December 2, 2014, the Miami-Dade County Board of County
Commissioners amended the Miami-Dade County Human Rights Ordinance to prohibit
discrimination on the basis of gender identity and gender expression in housing, public
accommodations, and employment; and
WHEREAS, at its meeting on February 11,2015, the City Commission approved
Resolution No.2015-28926 urging the Florida Legislatureto oppose Florida House Bill 583 (2015),
which would require that the use of single-sex public facilities be restricted to persons of the sex for
which the facilities are designated, provide criminal penalties for knowingly and willfully entering a
single-sex public facility designated for or restricted to persons of the other biological sex, provide
a private cause of action against violators of the proposed law, and preempt local regulations to the
contrary; and
WHEREAS, at its meeting on February 11,2015, the City Commission also voted to direct
the Office of the City Attorney to draft amendments to Chapter 62 of the City Code in order to
remove the exception to the nondiscrimination provisions of the Miami Beach Human Rights
Ordinance for restrooms, shower rooms, bathhouses, health spas, and similar facilities; and
WHEREAS, this Ordinance conforms the Miami Beach Human Rights Ordinance to the
Miami-Dade County Human Rights Ordinance, which makes no exception to its nondiscrimination
provisions for restrooms, shower rooms, bathhouses, health spas, or similar facilities.
414
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 62-113, entitled "Public accommodations," of Division 4 of Article ll of Chapter
62 of the Miami Beach City Code is hereby amended as follows:
CHAPTER 62
HUMAN RELATIONS
ARTICLE ll. Discrimination
OVlSlOru O. =r""*,or"
Sec. 62-113. Public accommodations.
(a) Nothing in this article shall be applied to+
simila+Jaeditiesr ingfaeilitb+
{2} a religious organization, association or society or any nonprofit institution or organization
operating, supervised or controlled by or in conjunction with a religious organization,
association or society from limiting facilities and accommodations it owns or operates for
other than a commercial purpose to persons of the same religious organization or from
giving preference to such persons. However, this exception shall not apply if such religious
organization, association, society, or any nonprofit, charitable or educational institution or
organization operated, supervised or controlled by or in conjunction with a religious
organization restricts membership in its organization on the basis of race, color. or national
origin.
(b) Nothing in this article shall prohibit the limiting of the use of kindergartens, nurseries, day care
centers, theaters and motion picture houses to persons of a particular age group.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION3. SEVERABILIry.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
415
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the Code
of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of
PASSED and ADOPTED this day of
ATTEST:
2015.
2015.
RAFAEL E. GRANADO, CITY CLERK
(Sponsored by Commissioner Micky Steinberg)
Underline denotes additions
St+ike+n+eugh den otes deletions.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
,i\-- il-ab^15
CityAttorney Date
NK
F:\ATTO\KALN\ORDINANCES\Human Rights Ordinance\Amendments to Exception to Public Accommodations Provisions of HRO.docx
3
416
1915.2015
MIAMIBEACH
City of }liomi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
Raul J. Asuila, city nttorngQ,{S:f-
DATE: March 11,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES," ARTICLE !V,..VESSELS," SECTION 66.151, "LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DlSEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS, DOCKS
OR BULKHEADS IN RESIDENTIAL NEIGHBORHOODS, CREATING
EXCEPTIONS, PROVIDING FOR REPEALER; CODIFIGATION;
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATIVE RECOMMENDATION
Approval on first reading and advertise for second reading public hearing.
BACKGROUND
There have been complaints in certain multifamily districts that there are boats and jet skies
docked and often abandoned near their homes. ln reviewing the issues with Code
Compliance it was determined that the code currently only provides protection from mooring
and such activities in single family home districts. As such, the City proposes to expand this
category to allow Code Compliance to enforce in both single family and multi-family districts.
This item was heard during the Neighborhood /Community Affairs Committee Meeting of
February 27,2015 and supported unanimously by the Board hemembers.
CONCLUS!ON
To approve at first reading, and advertise for second reading, public hearing the proposed
amendment to Chapter 66, of the Code.
Agenda ltem RSE
Date ?-lLl-S417
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,..MARNE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, "LAUNCHING AND HAULING," TO
PROHIBIT DOGKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIG SEAWALLS, WHARFS,
DOCKS OR BULKHEADS IN RESIDENTIAL NEIGHBORHOODS,
CREATING EXCEPTIONS, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Code, Chapter 66, provides for the regulation of vessels
and docking, including limitations on docking at public and private land within the City, as
permitted by State law; and
WHEREAS, the City Commission has received complaints about persons
docking at public seawalls in single family neighborhoods causing problems and
concerns in such neighborhoods; and
WHEREAS, the City Attorney drafted an ordinance at the request of
Commissioner Weithorn that addresses the problem by prohibiting such dockage, with
certain exceptions; and
WHEREAS, the ordinance was presented to the Neighborhoods and Community
Affairs Committee on December 8, 201 1, which recommended its adoption; and
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
Section 1. Chapter 66, "Marine Structures, Facilities and Vehicles," Article lV, "Vessels,"
Section 66-151, "Launching and hauling," is hereby amended as follows:
Sec. 66-151 . - Launching, hauling and docking at public seawall, etc., prohibited.
(a) No person shall launch, dock, or remove any vessel from the waters of the city over
any public seawall, sidewalk, street end, or public property except at locations where a
regular business of launching, dockinq and hauling vessels is conducted, which has the
necessary equipment to do such work, or in areas designated and posted for such
purpose by the city.
(b) Docking at public seawalls in residentialsing+eAamtly neighborhoods prohibited.
(1) No person shall dock or otherwise secure any vessel, or embark or disembark
any passengers or charter parties, at any municipal or public seawall, wharf,
dock, or bulkhead, in a residential singfeAamily neighborhood, except in case of
emergency involving safety to life or property.
(2) Enforcement and penalties.
1of 3
418
a. Civil fine for violators. The following civil fines shall be imposed for a violation of
this section:
1. First offense within a 12-month period a fine of $100.00;
2. Second offense within a 12-month period a fine of $250.00;
3. Third or fourth offenses within a 12-month period a fine of $500.00; and
4. Fifth offense within a 12-month period a fine of $1 ,000.00; and
5. Sixth offense and subsequent offenses within a 12-month period a fine of
$2,500.00.
b. Enforcement. The code compliance division or the Miami Beach Police Department
shall enforce the provisions of this section. This shall not preclude other law enforcement
agencies or regulatory bodies from any action to assure compliance with this section and
all applicable laws. lf an enforcing officer finds a violation of this section, the otficer shall
issue a notice of violation to the violator. The notice of violation shall inform the violator
of the nature of the violation, amount of fine for which the violator is liable, instructions
and due date for paying the fine, notice that the violation may be appealed by requesting
an administrative hearing within ten days after service of the notice of violation, and that
failure to appeal the violation with the ten days shall constitute an admission of the
violation and a waiver of the right to a hearing.
c. Rights of violators; payment of fine; right to appear; failure to pay civil fine or to
appeal.
1. A violator who has been served with a notice of violation shall elect either to:
A. Pay the civil fine in the manner indicated on the notice of violation; or
B. Request an administrative hearing before a special master to appeal the
notice of violation within ten days of the issuance of the notice of violation.
2. The procedures for appeal by administrative hearing of the notice of violation
shall be as set forth in sections 30-72 and 30-73.
3. lf the named violator, after issuance of the notice of violation, 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 officer.
Failure of the named violator to appeal the decision of the officer within the
prescribed time period shall constitute a waiver of the violator's right to
administrative hearing before the special master, and be treated as an admission
of the violation, and fines and penalties may be assessed accordingly.
4. 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 real or 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 which remains
unpaid, the city may foreclose or otherwise execute upon the lien.
2of3
419
5. Any party aggrieved by a decision of a special master may appeal that decision
to a court of competent jurisdiction.
6. 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
days of the issuance of the notice of violation.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. Godification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _day of March, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
3-3- t5
Date
First Reading: 'J'1,
Second Reading:
Underscore denotes new language.
Strikethreugh denetes deleted language.
[Sponsored by Commissioner Michael Grieco].
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R5 - Ordinances
RsF An Ordinance Amending Chapter 82 Of The Code Of The City Of Miami Beach, Entitled
"Public Property," By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way," By
Amending Division 2, Entitled "Temporary Obstructions," By Amending Section 82-151
Thereof, Entitled "Permit Required," To Amend The Permit Requirements And To
Amend The Enforcement And Penalty Provisions For Temporary Obstructions Of The
Public Right-Of-Way ln Violation Of Permit Requirements; And Providing For Repealer,
Severability, Codification, And An Effective Date. First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Parking)
(ltem to be Submitted in Supplemental)
Agenda ttem =_t85F
Date g-_lf - lf421
THIS PAGE INTENTIONALLY LEFT BLANK
422
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: GLBT Business Enhancement Committee's Recommendation to Rename the
committee The LGBT Advisory Committee
Please place on the March 11th City Commission Meeting Agenda above item in the consent
agenda.
Attached, please find Letter to Commission #004-2015.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed to providing excellent public seruice and safety to all who live, work, and play in our vibran'Agenda ltem RSCf_
Date ?-ll-15423
r.-\ --l- o
--.r-Il
iti5.20t5
fu\Ii\i\AIBEACH
OFFICE OF THE CITY MANAGER
No.LTC# ooq-^otf,
To: Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: January 6,2015
SUBJECT: GLBT Business Enhancement
LETTER TO COMMISSION
City Com
s Recommendation To Rename The
Committee The LGBT Advisory Commi
Attached for your information is a request from the Miami Beach GLBT Business
Enhancement Committee to support a recommendation that the City Commission
rename the committee the LGBT Advisory Committee due to their focus on LGBT issues
that affect the community as whole, not just local businesses.
Attachment
FJ
-6f') erl f"!
i-. IE i i.
i- dL *t
11- I -':'-:. ci\ -l':
;'.<; rc ,rn-
(:) :lH "1-i-r t\)a1 |' \."/)1: t\):,{ c)
424
MIAMIBEACH
LGBT Business Enhancement Gommittee
Committee Chair, Thomas Barker.
Members:
Thomas Ba*er
Nellda Banlos
Michael Bath
Cin$ Brcwn
Dale Stine
Edlson Farrow
David Leeds
Jorge Rlcha
Chad Rlchter
Ellzabeth
Schwartz
Laura Veltia
Ronald Wolff
MarkWylle
James Welngarten
SfaffLlalsons;
Vanla Pedrata
Juan Sanchez
Rob Rosenwald
January 6, 201 5
Dear Mayor Levine and Honorable City Commission:
ln an effort to clarify the duties and responsibilities of the GLBT Business
Enhancement Committee, the committee kindly recommends that you support
the request to rename the committee to the LGBT Advisory Committee, due to
the committees focus on the community as a whole, not just as it relates to
businesses.
Thank you for your consideration of this proposal.
425
ORDINANCE TO BE SUBMITTED
426
R7
RESOLUTIONS
427
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission of The City OF Miami Beach, Florida, Pursuant To Miami
Beach City Code Section 118-563, to grant a Certificate Of Appropriateness for the total demolition of the
existing 21't Street bandshell structure and recreation center building and the construction of a portion of
the proposed Miami Beach Convention Center building and landscape plan within the boundaries of the 2'l't
Street Communitv Center Historic Site.
!ntended Outcome Su
lmprove alliance with key business sectors, namely hospitality, arts & international business with
a focus on enhanced culture, entertainment & tourism.
Supporting Data (Surveys, Environmental Scan, etc N/A
Item Summary/Recommendation :
The City of Miami Beach is developing the design and construction documents relating to the Miami Beach
Convention Center Renovation and Expansion Project. Part of the redesign of the Convention Center is to
demolish the existing 21't Street bandshell structure and recreation center building located within the
boundaries of the 21't Street Community Center Historic Site.
On January 13, 2015, the Historic Preservation Board heard File No. 7506, relating to 1901 Convention
Center Drive - Miami Beach Convention Center, in which the applicant, City of Miami Beach, requested a
Certificate of Appropriateness for the total demolition of the existing 2'l't Street bandshell and the recreation
center building, and the construction of a portion of the Convention Center building and landscape plan
located within the boundaries of the 21st Street Community Center Historic Site. At this meeting, the Board
voted unanimously to recommend approval of the subject Resolution.
Pursuant to Miami Beach City Code Section 118-563(i), the actions of the HPB regarding Certificates of
Appropriateness for demolition of any building, structure, improvement, or landscape feature located within
a designated historic site and located on City-owned property, shall be advisory with the right of approval or
disapprovalvested with the City Commission.
The Administration recommends approval of the Resolution.
On January 13, 2015, the Historic Preservation Board recommended approval (7 to 0) of the subject
Resolution (HPB 7506).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
N/A
Thomas Mooney
T:\AGENDA\201 S\March\21 st Street Recreation Center Historic Site - Certificate of Appropriateness for Demolition - Sum.docx
AEE}IDA'"' B7AEAIAMINTACHBATE 3 - I'-I(428
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive. Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY
563, TO GRANT A CERTIFICATE OF APPROPRIATENESS FOR THE
TOTAL DEMOLITION OF THE EXISTING BANDSHELL AND
RECREATION CENTER BUILDINGS, AND THE CONSTRUCTION OF A
PORTION OF THE PROPOSED MIAMI BEACH CONVENTION CENTER
BUILDING AND LANDSCAPE PLAN WITHIN THE BOUNDARIES OF THE
21ST STREET COMMUNlTY CENTER HISTORIC SITE
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The City of Miami Beach is developing the design and construction documents relating
to the Miami Beach Convention Center Renovation and Expansion Project. Part of the
redesign of the Convention Center is to demolish the existing 21't Street bandshell
structure and recreation center building located within the boundaries of the 21't Street
Community Center Historic Site.
There are currently four buildings located within the boundaries of the 21't Street
Community Center Historic Site, including the Carl Fisher Clubhouse, a theater,
bandshell and a recreation center building. Constructed in 1916, the Carl Fisher
Clubhouse is the oldest municipal structure in the City. This 1-story structure, designed
by architect August Geiger in an eclectic Mediterranean Revival style, is defined by a
central hall, flanked on the north and south by loggias. A theater building and bandshell
structure were added to the site in 1937. The theater, often referred to as the 'Little
Stage', was designed by Robert A. Taylor. Taylor's design incorporates some of the
architectural vocabulary employed by Geiger in the Clubhouse. The 1-story recreational
center building, designed by Norman M. Giller & Associates was constructed at the
southeast portion of the site in 1986.
On January 13, 2015, the Historic Preservation Board reviewed an application by the
City of Miami Beach, requesting a Certificate of Appropriateness for the total demolition
of the existing 21't Street bandshell and the recreation center building, and the
construction of a portion of the Convention Center building and landscape plan located
within the boundaries of the 21st Street Community Center Historic Site. At this
meeting, the Board voted unanimously to recommend approval of the subject
Resolution.
429
Commission Memorandum
Resolution - Certificate of Appropriateness - Demolition of structures within 21"t Street Community Center Historic
Sife
March 11, 2015 Page 2 o'f 2
Pursuant to Miami Beach City Code Section 118-563(i), the actions of the HPB
regarding Certificates of Appropriateness for demolition of any building, structure,
improvement, or landscape feature located within a designated historic site and located
on City-owned property, shall be advisory with the right of approval or disapproval
vested with the City Commission.
CONCLUSION
The Administration recommends that the City Commission accept the recommendations
of the Historic Preservation Board, and grant a Certificate of Appropriateness for the
total demolition of the existing 21"'Street bandshell structure and recreation renter
building located within the boundaries of the 21"1Street Community Center Historic Site.Jl.Wl
JLM/JMJ/TRM/DJT
T:\AGENDA\2015\March\21st Street Community Center Hlstoric Site - Certificate of Appropriateness for Demolition - Sum.docx
430
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO CITY
CODE SECTION 118.563, TO GRANT A CERTIFICATE OF
APPROPRIATENESS FOR THE TOTAL DEMOLITION OF THE
EXISTING BANDSHELL AND RECREATION CENTER
BUTLDINGS, AND THE CONSTRUCTION OF A PORTION OF
THE PROPOSED MIAMI BEACH CONVENTION CENTER
BUILDING AND LANDSCAPE PLAN WITHIN THE
BOUNDARIES OF THE 21ST STREET COMMUNIry CENTER
HISTORIC SITE.
WHEREAS, the City of Miami Beach is developing the design and construction
documents relating to the Miami Beach Convention Center Renovation and Expansion Project
("Project"), which Project includes the conversion of the Convention Center's large parking lot
into a City Park, expands and renovates the Convention Center, and proposes to demolish
certain existing structures; and,
WHEREAS, part of the redesign of the Convention Center is to demolish the existing
Bandshell and recreation center buildings in order to expand the design of the Convention
Center and the associated landscape; and
WHEREAS, these structures are located within the boundaries of the 21 Street
Community Center Historic Site and require a Certificate of Appropriates to issue prior to any
demolition proceeding; and
WHEREAS, on January 13, 2015, the Historic Preservation Board heard File No. 7506,
relating to 1901 Convention Center Drive - Miami Beach Convention Center, in which the
applicant, City of Miami Beach, requested a Certificate of Appropriateness for the total
demolition of the existing Bandshell and the Recreation Center building, and the construction of
a portion of the Convention Center building and landscape plan located within the boundaries of
the 21st Street Community Center Historic Site; and
WHEREAS, the Board determined that the Bandshell, although historic, has not retained
any of its identifying features that would require the Board to preserve the structure, and
additionally determined that the recreation center buildings are not contributing structures
requiring preservation; and
WHEREAS, pursuant to Section 118-563(i), the Historic Preservation Board authorized
an advisory opinion relating to the request to demolish the above structures, and recommended
the issuance of the Certificate of Appropriateness to demolish the above structures; and
WHEREAS, pursuant to Section 118-563(i), the final decision on any certificate of
Appropriateness to "demolish any building, structure, improvement, or landscape feature on a
historic site or located within a historic district and located on City-owned property or rights-of-
431
way, and property owned by the Miami Beach Redevelopment Agency"...shall vest with the City
Commission; and
WHEREAS, it is appropriate and consistent with the City's plans to redevelop the
Convention Center, and as such, the City Commission desires to proceed with the demolition as
requested of the Historic Preservation Board under File No. 7506.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY OF MIAMI BEAGH, FLORIDA, pursuant to City Code Section
1 18-563, to grant a Certificate Of Appropriateness for the total demolition of the existing
Bandshell and recreation center buildings, and the construction of a portion of the proposed
Miami Beach Convention Center building and landscape plan within the boundaries of the 21't
Street Community Center Historic Site.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk ,8R"f3[1R8ilB''
a ron EXECUTIoN
*\ Cc!A-\8-tD
F:\ATTO\BOUE\RESOS\MBCC C of A resolution (02-1 7-1 5).docx
432
UilE ] THURSOAY, FEBRUANY 5.295 NE Mhriillenld.corn I illAlll HERAI"o
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CITY OF MIAMI BEACH
NOTICE OF PUELIC HEARING
NOTICE lS HEBEBY given lhat a public hearing will be heard by the Mayor and City Commission of ihe City of Maami Bea&,
Florida. in the eommission Chambers. 3rd Floor, City Hall, 1700 Convention Center Drive. Miami Beaclr. f lorida, on Wednesday,
Mircn fi, 2015 6t 10i00 a.m., or as soon ther€after as the matter can be heard, to .onsider:
A Hssohition PursuantTo Miami Beach City Code Section '11&Sffi,To Consider Granting A Certificate Of Appropriateness For
TheTotal Demolhion Of The fxisling Band*hell And flecreation Center Buildings,AndThe Construetion Of A Portion OfThe
Convention Center Buitding And Landseape Plan LoeatedWithinThe Boundaries Of The 21"'Street Communiry Center Historic
Site.
A copy ol the proposed proiect is available for publie inspection and may be obtained by inquiring at the Planning Depa(ment.
1700 Convention Center Drive.2nd Floor. Miami Beach, Florida 33139. lnquiries may be direcied to the Planning Oepartment
at 305-673-7550.
INTEBESTED PAHTIES are inviled to appear at this meeting. or be repre$ented by an agent, or to express their views ilt wriling
addressed to the Cily Commisston, c/c tha City Clerk, '1700 Convention Center Drive, 1" Floor, Ciry HaU. Miami Beactr, Fiorida
33139.This item is available for publie inspection during normal bssiness hours in the City Clerk's Office, 1?O0 Convention
Center Drive, 1"r Boor, City Hall. Miami Beach, flodda 33139,This meeliog. or any item herein, may be continued, and under
sudt circumstances, additional legal notiee need not he provided.
Pursuent to Section 286.0105, Fla. Stat., the Ciry hereby advises the public that iI a person decides to appeal any decision made
by tlr* City Cornmission wilh respect to sny man€r congidered at its rfieeting or iis hearing. such person rnust en$ure that 6
verhatim reeord of the proeeedingo is made, whicfi record includes the lestrmony and evidefice uBon which the appeal is to
be based. This notice do€s nol constilule consenl by the City for the introduction or admission of otherwise inadmissible or
inelevant evidence. nor does it authoriue {hallenges or appeals rot otherwise allowed by law.
To request this malerial in accessible format, sign lansuage interpreters, inlormalion on access lor persons with disabilities
and/or any aecommodation lo review any documerlt or pariicipaJe in any Cify-sponsored proceediag. please cofitact us five
days in advance at 305,073.7411{voice} orTTY users may also call the Florida ffelay Service at 711.
Bafael E. Granado. Caty Cler*,
City ot Miarni Beach
Ad 985
433
lllAl,ll HEnATD I MiamiHerlu.corn NE IHURSDAY,FEERUARY26,2OE I lsNE
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEBEBY given that the foilowing public hearings witl be held by the Mayor and City
Commission oi the City oi Miaml Beach, Florida, ln lhe Commisston Chambers, Third Floor, City
Hall, 1700 Convention Center Driye, Miami Beacir, Florida, on Wednesday, March 11, ?015, at lhe
times listed, or as soon thereafter as the mater can be heardi
10:00 a,m,
A Resoiuton Pursuant To Clry C6d€ S€cilon t 18-563, To Grant A Cenillcare Ot Appropriateness
For The Totral Demdlition Of The Existing Bancbhell Ard Recreation Cerfier Buildingrq And The
Construction Of A Portion Ot The Proposed Mibml Beach Corivention Center Bulldirig And
Landscape Plan Within The Boundaries Of The 2lst Street Community Center Historic Site,
Inquhles may be ditected to the Planning Department at 3A5.673.7550.
10:05 a.m.
A Besoluiion Acceptlng The Flecornmendation Of The Finance And Cirywlde Proiects Commitiee
At lls February 2, 2O15 Meetlng, Tc Approve The V&atlon Of The Bight Ol Way Known As Ub€dy
Avenue {Palm Av€nue) Between 22nd Street (Ocean Avenue) And 23rd Street (Attanlic AvenueJ,
Which ls A 50 Foot ln Wldth Elght-Of-W€y, Containing Approxlmately 12,5[0 Square Feet tn
Total ArEa, As Shown On ihe ptai Ot lmeni€d Map Of The bcean font eicpery ff The Miaml
Beach lmprolernent Ccmpany, Re€orded ln Pht Book 5 At Page 7, OlThe Public Hecords O,
Miami-Oade eounty, ln Favor Of The City Of Miami Beach, fffre Applican0; Waiving By 5/7th Votq
The Competitive BidCing And Appraisal Flequirements Pursuant To Sectbn 82-39(a) And (b) Of
The City Ccd€, Fhding Thai The Puuic lntsrest l^buE 8e SGrved By Waiviflg Such Conditions.
lnquiies fiay be diiected ta lhe Cepitdl l,,provernents Olfice at 305.573,7071.
10:10 a.m.
,A Besolution Follorrring A Duty Noticed Publh Hearing, As Required Pursuant To Section 82-93 Ol
The Clty CoCe, Approving The Renewal OfAn Exjstlng R€vocable Permit For Vera tvlender And The
Drake Condominium Association, lne., Tc ContinueTo Hatain An Existing Handic€p Access Bamp
In The Gity Hight-Of-ylay Abutting The Drake Ccndominium, Located At 1460 Ocean Drive, Miami
Bech, Florida, And AuthorizirE The Mayor And City Clerk To Execule An Agreement Extending
The Fevocabla Permil, Such Agreqn'lent Extending The Term For An Ackiitional Twenty {20) Years,
lnquiries may be drected to tha Otfice of tl:e Cily ,4ttorney al 3C5.673.717C andlor the Public Wad<s
tuF;r'iment ai 305.673.70eA.
10:15 a.m.
A Resolution Adopting The Third Anendrnent To The Capital Budget For Fiscal Year 2014/15.
lngulfies may be directed to tt:€ Offica of Budget and Perfoman@ lmprovement at 305.673.7510.
1O:2O a.m.
An Ordinance Amending Chapter 18 OiThe Clty Code, Entided "Businesses,' By lvnending Aricle
)CUl Trtled "Nud€ Oance Establishrnents,' By Creating Section 18-914 Thereof To Be Entiiled
"Comp€rEat'on Standards ForWorkers And Pedomers," V,/hich Frovides Feguirements Regarding
Tfle Method Of Compe!"sation For Tncse Wbrkers And Performers ln Nude Dance Establishments;
And Amending Section 18.915 Eniiiled "Enforcemefit; Fenatties," By Sefiing Fortr Penalties For
A Violation Of Section 18-914; Providing For Hepealer; Severabiliiy: Codificaion; And An Effective
Daie, tnqu*'lEs fiay be dirccted ta the Otrice o, the Ciiy Attsney al 3t5,673,7470.
Dr. $taniey Sutnick Citizenl Fonrm - Pursuant to Besolution Nc. 2013-28440, thetimes ror the
Dr. Stanley Sutnick Cldzen's Forum are 8:3{l a-m. and 1:O0 p.m., or as scon as pcssible thereafter.
Approximately tllirty minutes wiil be allocated to each session, ',yith indtviduats being lim'rted to
no more than ihree minutss or lor a period established by th€ Mayor. No appoinlrnent or advance
noiilication is needed in oder to speak to the eornmission during this Forum.
INTEHESTED PARTIES are invited to appear at this meeting, or be represerrted by an ageni,
or to express th€ir vlere in writing add.esssd to the City Commission, cr'o the CiW Clerk, 1700
Conventicn Center Drive, 'ls Ftoor, CiV HaII, Miami Eoach, Florida 33139. Copi€€ of these items
are available for publb insp€ctlon durlng normal business hours in ihe Office of the Ciiy Clerk,
1700 Conv€nlion Center Drive, 13 Floor, City Hall, Miami Beach, FlorlCa 33139. This meeting, cr
any ltem hereln, may be cont,nued, and uodet such circurstances, additlonal legal notice need
not be provided.
Pursuant to Section 286.01 05, Fla- SEat., theCiiy hereby advises the Biblic that if a person decides
to appoal eny decision made by the City Commisgon with resp€ct to any mafler consldered a1
its meeting ar its hearing, such person rnust ensure thai a verbatim record of the prcceedings is
rnade, whieh record includes the tostimony and evidence upon which lhe appeal is to be based.
This nothe does not eonstit,ite conserl by ihe City tor the introductiofi or adrnission of oiherwise
inadmissible or irelevant evidence, nor does it auth,orize challenges or app€,s noi oihenvis
allowed by law.
To request this material in alternate fonnat sign langllq€ inte.rpreter ffive-day notice require{,
information on access for p€rsons with dlsabilifles, and/or any accommodation to revlew any
document or participale in any City-sponsored poc€edings, calt 305.604.2483 and selecl I fcr
English or 2 ,or Spanish, tl:en opton 6: TTY usels may cafi via 711 (Fl6rida flelay Service].
Rafael E. Granado, City Clerk
CiV of Miami Beach
434
435
COMMISSION ITEM SUMMARY
AGENDA ,re^, Rl B
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The
Recommendation Of The Finance And Citywide Projects Committee 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 23rd 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 Propefi 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 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 lnterest
Would Be Served Such Conditions.
Build and maintain infrastructure with full
Supporting Data (Surveys, Environmen etc.): The 2012 Customer Satisfaction Survey indicated that
over 81o/o of residents rated recently completed capital improvement projects as "excellent" or "good". Recently
improvement oroiects (81 %). storm drainao e (37o/o\. and condition of roads
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, see attached Property Legal Description and Sketch (Exhibit A) and Adjacent
Properties Survey (Exhibit B).
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'o 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, see Proposed Collins Park Place Ground Floor Plan (Exhibit C). 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 adjacentto LibertyAvenue between 22no and 23'0 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, therefore there would
be no financial impact to the City. Also, utility easements will be granted, as required.
The City must comply with the requirements of Chapter 82-36 through 8240, of the City Code, which requires
certain actions prior to effectuating a vacation. The City Commission is to hold two separate meeting dates, one of
which, was held on February 11,2015, which was accompanied with a public hearing in which the City obtained
citizen input into the proposed vacation, and also requires the review of the Finance and Citywide Projects
Committee (FCWPC), which item was heard during the FCWPC 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. The Planning Department prepared the analysis of the vacation
(Exhibit D) on February 11,2015. The Planning Department reviewed the six (6) criteria elements for vacating
Liberty Avenue and found these criteria to have been satisfied. This item is being presented at this Commission
meeting to comply with the requirements of Chapter 82, to hold two separate meetings.
The Administration recommends of the resolution.
Financial lmpact Summary: N/A
David Martinez, P.E., LEED AP, Ext. 6972
I:TAGENDA\2015\Feb
AAIAMIBEACH DATE 3-ll- tr436
r ^f. -e.r-,-,
---
.; ;'ii
Mayor Philip Levine and
MMISSION MEMORANDUM
FROM:
DATE:
Jimmy L. Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCE THE RECOMMENDATION OF THE FINANCE AND
CITYWIDE PROJECTS GOMMITTEE AT ITS FEBRUARY 2, 2015 MEETING, TO
APPROVE THE VACATION OF THE RIGHT.OF.WAY KNOWN AS LIBERW AVENUE
(PALM AVENUE) BETWEEN 22ND STREET (OCEAN AVENUE) AND 23RD STREET
(ATLANTIC AVENUE), WHICH lS A 50 FOOT tN WTDTH RIGHT-OF-WAY, CONTATNTNG
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
IMPROVEMENT 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 APPRATSAL REQUTREMENTS PURSUANT TO SECTTON 82-39(A) AND (B) OF
THE CITY CODE, FINDING THAT THE PUBLIC INTEREST WOULD BE SERVED BY
WAIVING SUGH CONDITIONS.
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 ("Parking Garage"). The Parking 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 Parking 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 and2 is Liberty Avenue, a 50 footwide public right-
of-way consisting of approximately 12,500 square feet (Exhibit A).
ANALYSIS
The City's Capital lmprovement Projects Office reviewed the proposed architectural plans with
planning, public works, the Fire Department, and the Building Department. The architectural design
includes the development of a pedestrian plazawithin 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 Garage 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 betwe en 22"d and
23'd Streets (the City owns lots 1-10 on Block 1 and owns lots 7, g, 11, 4,6,8, 10 and 12 of Block2),
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. Additionally, any encroachments of the habitable building into the right-of-way would not be
437
Commission Memorandum - Vacation of Liberty Avenue
March 11,2015
Page 2 of 2
able to obtain a permit under the Florida Building Code ("FBC"). Through the vacation of Liberty
Avenue, those areas of the Parking Garage that would have encroached into the right-of-way will now
be able to obtain a FBC permit.
COMPLIANCE WITH CHAPTER 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 effectuating a vacation. The City Commission is to hold two separate
meeting dates, one of which, was held on February 11,2015, which was accompanied with a public
hearing in which the City obtained citizen input into the proposed vacation, and also requires the review
of the Finance and Citywide Projects Committee ("FCWPC"), which item was heard during the FCWPC
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 forvacating LibertyAvenue and found these criteria to have been satisfied.
This item is being presented at this Commission meeting to comply with the requirements of Chapter
82, to hold two separate meetings.
CONCLUSION
The Administration recommends the approval of a resolution accepting the recommendation of the
Finance and Citywide Projects Committee (FCWPC) 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 lnterest would be served by waiving such conditions.
Exhibit A - Legal Description and Sketch of Survey
Exhibit B - Planning Analysis
lrrr,yffir',r
Weo,cc)ma'ledtopto'iding 6'y6pf9ntpubl;cren,ce cnd.ote\'ooll nho r,,e *or( o"dploy.nalt\tb,onl r6pi1ol.h:,t6,i6 -om-L-\
438
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE AT ITS FEBRUARY 2, 2015
MEETING, TO APPROVE THE VAGATION OF THE RIGHT OF
WAY KNOWN AS LIBERTY AVENUE (PALM AVENUE)
BETWEEN 22ND STREET (OCEAN AVENUE) AND 23R0
STREET(ATLANTIG AVENUE), WHTCH !S A 50 FOOT tN
W!DTH R!GHT.OF-WAY, GONTAINING APPROXIMATELY
12,500 SQUARE FEET IN TOTAL AREA, AS SHOWN ON THE
PLAT OF AMENDED MAP OF THE OCEAN FRONT PROPERryOF THE MIAM! BEACH IMPROVEMENT COMPANY,
RECORDED IN PLAT BOOK 5 AT PAGE 7, OF THE PUBLIC
RECORDS OF MIAMI.DADE COUNTY, IN FAVOR OF THE GIry
OF MIAMI BEACH, (THE APPLICANT); WAIVING BY s/ZrH
VOTE, THE COMPETITIVE BIDDING AND APPRAISAL
REQUIREMENTS PURSUANT TO SECTION 82-39(a) AND (b)
OF THE CITY CODE, FINDING THAT THE PUBLIG INTEREST
WOULD BE SERVED BY WAIVING SUCH CONDITTONS.
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 12,500feet, as setforth 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 LibertyAvenue, 22423 Street, 24522nd Street, 21122nd 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;
439
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 Finance and Citywide Projects Committee recommended that
the City Commission schedule a public hearing to hear from the community as to
whether it is in the public interest to vacate Liberty Avenue between 22 and 23 Streets;
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 22"d and 23'd Streets [the Cityowns lots 1-1d on Block 1 and owns lots 7,9,11,
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 the
Committee recommended to the City Commission to proceed with the vacation);
440
3) ln order for the City Commission and the public to be fully appraised of all
conditions relating to the proposed vacation, the City's Planning Department shall
prepare a written planning analysis, to be submitted to the City Commission
concurrent with its consideration of the proposed vacation; and,4) The City shall obtain an independent appraisal of the fair market value of
the property proposed to be vacated, 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, finding that the
public interest is served by waiving such conditions.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby 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 23id
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 5l7th 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 ..'-day of
ATTEST:
Philip Levine, Mayor
Rafael G. Granado, City Clerk
2015.
APPROVED AS TO
FORM & LANGUAGE
TION
J -) b't'
G Dole
F :\ATTO\BO U E\RESOS\F| rst Readi ng Vacate Liberty Avenue ROW (2-20- 1 5).doc
441
Exhibit A
AREA TO BE VACATED:
LIBERTY AVENUE (PALM AVENUE) RTGHT-OF.WAY BETWEEN 22ND STREET
(ocEAN AVENUE) AND 23RD STREET (ATLANTIC 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 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 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.
442
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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 RAISEO SEAL OF
A FLORIDA LICENSED SURVEYOR
ANO MAPPER.
ia11-l,tORB. OFFICIAL RECORD BOOK OB.(C) CALCULATED DIMENSIoN T\?.NTS NOT TO SCALE
(P) PLAT DIMENSIoN
R/W RTGHT-OF-WAY
DEED BOOK
T\IPICAL
PAGE
DADE COUNTY RECORDS
PLAT BOOK
SKETCH OF LEGAL DESCRIPTION
SCALE: 1"=60'
LEGAL DESCRIPTION:
BEING A RIGHT OF WAY 50 FEET IN WIDTH KNOV\N 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
OESCRIBED 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 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.
LEGEND & ABBREVIATIONS:
PG.
DCR
PB.
ERrAr{ r. EElJtnO
OTY S'R\EYCR
STAIE tr FLORIDA
PROFESS$IAL SUFiVEYOR AND MAPPM
DATE
NO,.1973
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oumoY fl:_
CHECKEO EEI
sillE AS.ShOWN
REVISEO TI]IE
LIBERTY AVENUE, 22ND TO 23RD STREET sM-2014M
SHEEI I OF I
.iWORK'sAtl,\CAD0y/GPROJECTS\SU!SM.2014M (Llb.ny A6 Sldch of O6atlbn RW VMb)
443
HlAl,fi HEnATD I MiamHeGH.coril ___*_I-E_-l!981-0jY,I!-Eq.u-A8IAU_s"115!E
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CITYOF MIAMIBEACH
NOTICE OF PUELIC HEARINGS
NOTICE lS HEHEBY given thai the following public hearings will be held by the Mayor and City
Commission ot the Ciiy of Miarnl Beach, Florida, ih ihe CommisBion Chambers, Third Floor, Ci9
Hail, 1700 Convenlion Center Driye, Miami Beach, Florida, on Wednesday, Msr6h .l1,2015, at the
times listed, or as soon tiereafter as the matter can be heard;
'10:00 a.m.
A Resoiudon Pursuant To clty C6d€ secilon 1 1&563, To Grant A Centlhare 01 Approprlateness
For TIE To-ial Demolition Of The Existing Bandshell And Recreation Center Buildingq And The
Construction Ot A Podion Of Th6 Proposed Miami Beach Ccrvention Center Euilding And
landscape Plan Within The Boundaries Of The 2lst Street Ccmmunity Center Historic Site,
Inquiies may be directed to lhe Plaaning Depertment at 3A5.673.755A.
10:05 a.m.
A Resoiution Accepting The Flecommendation Of The Finance And Cityurtde Prolects Committee
At lts February 2, 2015 Meetlng, To Approve The Veatlon Of The Right Of Way Known As Llb€rty
.Avenue {Palm Avenue) Between 22nd Sfreet (Ocean Avenue) And 23rd Street (Atlan{c Avenue),
Which ls A 50 Foot ln Wldth Bight-Of-Way, Containlng Ap'pro$maEly 12,5tx) Square Feet ln
To^ral Area, As Shown qn Th€ Plat Of Amended Map Of The Ocean Front Prcp€rty Of The Miaml
Beach lmprovement Company, Becorded ln Plat Book 5 At Page 7, O{ The Public Recofis Of
MiamFDade eounty, ln Favor Ol The ety Ot Miarni Beach, frhe Applican{; Waiving By srlth Vote,
The Competitive Bidding And Appraisal Bequirements Pursuant To Section 82-39(a) And h) Ot
The Ciiy Ccde, Finding That The Pubiic lnterEst Would Be Scrved By Walving Such Conditions.
lngulries nay be dirccted t6 the Cepite,l lnlprcvefients Office at 305.673.7071.
10:10 a-rn.
.A Besolulion Follo'r1ing A Duly Noticed Public Hearing, As Reguired Pursuanl To Section 82-93 O,
The City Code, Approving The Benewal OIAn E*sting Bevoeable Permit For Vera luender And The
Drake Condominium Association, lnc., Tc Continu6 To Hotain An Existing Handlcap Accsss Bamp
ln The City Right-Of-Vlay Abuiting The Drake Ccndominium, Localed At 1460 Ocean Drive, Miami
Beach, Florida, And Authorizing The Mayor And City Clerk Tc Execute An AgGement Extending
The Hevocable Permit, Such Agraament Extending The Term Far An Additional Tlventy (20) Years.
lnquiriesmay bedirected tothaOfficeof the City,4tlarneyat3t5.673.717C andlotthePublicWa*s
&pat rnent d 30 5.6 7 3.70e0.
1O:15 a.m.
A Resolutio:r Adcpting The Third AnendmentTo The Capital Budgel For Flscal Year 2014115,
lngulrles may be dirccted to the Office of Eudget and Pefiofinane lmprovement at 345.673.7510.
't0:20 a.m,
An Ordinane Amerding Chapier 18 Of The Cr'ty Code, Entiiled "Businesses,'By Amending Article
XVI lrued "Nude Dance Establishments,' By Creatng Section 1g-914 Tl':ereof To Be EntHed
"Compensatbn Standards ForWorkersAnd Perform€rs," y/hich Provides Requiremenls Regarding
The Method Of Compensation For T;lose Workes And Pedormes ln Nude Dance Establishments;
And Amending Section 18-9.15 Entiiled "Enforcemefit; PenaltEs," By Sefiiflg Forth Penalties For
A Violation Of Section 1&914; Prcviding For Bepealer; Severabiliiy: Codificaton; And An Effective
Daia, ,ngu,7Es rray be dirccted to the Oflice of the CW Atton€y at 305.673.7470.
Dr. Etanley Sutnick Citizenb Forum - Pursuant to Besolution Nc. 2013-28440, thetimes ror the
Dr, Stanley Sulnick Cltizen's Forum are 8*{, €-rn. and 1:00 p.m., oras soon as pGsible tiEr€after.
Approximately tllirly mirutes will be allocated to each session, lyith individuals beiBg limhed to
no more than three minutes or tor a p€riod esiablished by t}le Mayor. No appoir*lment or advance
notiiioation is needed in ord€r to speak to the Commission during this Forum.
INTEHESTED PAFITIES are inviied to appear at this meeting, ot be tepreseotd by an agen!
or tc express their viere in writing addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1d Floor, Ciiy Hail, Miami Beach, Florida 33-139. Copies ol these items
ale available {or publb inspectlon during normal business hours ln the Office cf the City Clerk,
1700 Conventicr! Cefiter Drive, 1' Floo( City Hail Miami Beach, FlcrHa 3iI',39. This rn€eting, or
any ltem her€ln, may be continued, and undet such circunEiances, additional legal notice need
not be provided.
Pursuant to Section 286.01 05, Fla. Slat , theCity hereby advises the public that if a person d€cides
to appeal any decision made by the CiTy Commis$on with r€sp€ct to any mafler considered at
its meetng or iis hearing, such persoE musi ensure that a verbatim record of the proceedings is
made, whach record inclldes the testimony and evidence upon which irte appeal is to be based.
This notice does not constitlite consenl by ihe City iorlhe introduction or admiss'on of othe.lvise
inadmissible or irelevant evidmce, nor do€s It authorlze challenges or appeals noi oihenyise
allowed by law.
Ta request this material in alternate forrnat sign languqp intapreter {five-day notice required},
infofinaiion on acces3 for persons with disabilities, and/or any accommodation to revlew any
docurnent or participale [n any City-sponssred proceedings, cdl 305.604.2489 and select 1 {cr
English or 2 ,or Spanish, then optcn 6; TTY usels may catt via 71.t (Florida Flelay Service).
Bafael E. Granado, City Clerk
City ol Miami Bmch
444
THIS PAGE INTENTIONALLY LEFT BLANK
445
r.f..-.
I.i-'^-.
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OFFICE OF THE CIry ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:
FROM:
DATE:
SUBJECT:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Gommission
City Manager Jimmy Morales
city Attorney Raut .1. Aguirf,-^Lp/, \'-"
March 11,2015
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED
PUBLIC HEARING, AS REQUIRED PURSUANT TO SECTION 82.93 OF
THE CITY CODE, APPROVING THE RENEWAL OF AN EXISTING
REVOCABLE PERMIT FOR VERA MENDER AND THE 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, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT EXTENDING THE
REVOCABLE PERMIT, SUCH AGREEMENT EXTENDING THE TERM
FOR AN ADDTTTONAL TWENTY (20) YEARS.
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 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 the
improvements have been continuously maintained and utilized since 1994, however, the
initial twenty (20) year term of the revocable permit has expired. Ms. Mender and The
Drake Condominium Association, lnc., as the successor in interest to South Beach
Ocean Properties, lnc. wish to continue to maintain the existing Improvements on the
abutting City property and, accordingly, have requested that the Permit be renewed for
an additional twenty (20) year term.
Agenda ltem RJ C
o"," g-ll-tf446
Pursuant to Section 82-93(a) of the City Code, the City Commission passed and
adopted Resolution No. 2015-28917 at its February 11,2015 Commission meeting
authorizing the setting of a public hearing on March 11, 2015 to consider the request for
the renewal of the Permit and, additionally, in accordance with Section 82-93(b) of the
City Code, mailed notice of the public hearing has been provided to owners of land lying
within 375 feet of the existing permit area.
The attached Resolution approves the renewal of the revocable permit so that
the existing handicap access ramp may be retained for an additional twenty (20) year
term and authorizes the Mayor and City Clerk to executed an agreement extending the
revocable permit for such additional term.
F:\ATTO\TURN\COMMMEMO\re Drake Condo Revocable Permit.docx
447
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
NOTICED PUBLIC HEARING, AS REQUIRED PURSUANT TO
SECTION 82.93 OF THE CITY CODE, APPROVING THE
RENEWAL OF AN EXISTING REVOCABLE PERMIT FOR VERA
MENDER AND THE DRAKE CONDOMINIUM ASSOGIATION,
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, AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT
EXTENDING THE REVOCABLE PERMIT, SUCH AGREEMENT
EXTENDTNG THE TERM FOR AN ADDTTIONAL TWENW (20)
YEARS.
WHEREAS, on June 15, 1994, the City Commission passed and adopted 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 righlof-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 Composite 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 30,2034; 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
448
WHEREAS, pursuant to Section 82-93(a) of the City Code, the City Commission passed
and adopted Resolution No. 2015-28917 at its February 11,2015 Commission meeting
authorizing the setting of a public hearing on March 11,2015 to consider the request for the
renewal of the Permit and, additionally, in accordance with Section 82-93(b) of the City Code,
mailed notice of the public hearing has been provided to owners of land lying within 375 feet of
the existing permit area; and
WHEREAS, the Mayor and City Commission find that the criteria set forth in Section 82-
94 of the City Code continue to exist and support the renewal of the Permit.
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, following a duly noticed public hearing, as required pursuant to Section 82-93 of
the City Code, hereby approve the 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, and authorize the Mayor and City Clerk to execute an agreement
extending the Revocable Permit, such agreement extending the term for an additional twenty
(20) years.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
F:IATTO\AGUR\RESOS-ORD\Drake Condominium Revocable Permit (2-12-15).docx
-
Dste
449
RESOLUTIONNO. e4-21188
A RESOLUTION OI THE I,TAYOR AND CITY COMMISSION OF
THE CITY OF lvtlAMl BEACH, FLORIDA, AUTHORTZTNC THE
MAYOR AND CITY CTERK TO EXECUTE A REVOCABLE
PERMIT IN FAVOR OF VERA MENDER AND SOUTH OCEAN
BEACH PROPERTIES, lNC., FOR THE CONSTRUCTTON OF A
HANDICAP ACCESS RAMP ON THE PUBTIC RTCHT OF WAY
ABUTTINC THE NORTH IINE OF THE DRAKE
CONDOMINIUM, LOCATED 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 I460 ocean Drive; and
WHEREAS, the Administration recommends granting the Revocable Permit, attached
hereto and incorporated herein as "Exhibit "A", and the City Attorney has approved it as to
form.
Now, THEREFORE, BE lr DULY RESOLVED BY THE MAYOR AND ctry
coMMlssloN oF THE ctrY oF MtAMt BEACH, FLoRtDA, that the Mayor and Ciry Clerk
are authorized to execute the attached Revocable Permit in favor of Vera Mender and South
Ocean Beach Properties, lnc., for the construction of a handicap access ramp on the public
Right of Way abutting the north line of the Drake Condominiums, located at 1460 Ocean
Drive.
PASSED and ADOPTEp this r5th d3y sf
ATTEST:MAYOR
CITY CLERK
RJA./cnm
Rl,{dsk2\a\mender.rs 4q
FORIT
Compasite Exhibit,,A,,
450
CITY OF MIAMI BEACH
CITYHALL ITMCONVENIIONCENTER ORIVE MIAMIBEACH FLORIOA33139
TO:
FBOM:
Cfy MarrE667
coNcLIrSroNt
The-revocable perrrit^ for the use of a fivesection of the la-ndscaped -oi"i ir-ortn ofshould !-e approvea. -vei-a ieil;; ;il sourhrnc. wltt assume at.t -ieEJ"n"iuiiitv forI iabll lty of the tranalciJ-icce-s"-'r'"'.p.
Att,achments
Rl.tC//DR//vgk
f^"St !V rhlrry feer longt,he Drake condouiniuni
Ocean Beach propertlesthe maint,enanciAcEt{oA /- 2anP
OFfICE OF TXE CITY UATACER
TELEPHOHE: (3ot) a7J-roto
coMMTSSTON MEMORANDUM NO. 4!1g'./
tAr: r30!)r7r'7?t2
Mayor Seymor Golb€r rrd
Members ot the Clty Commlsslon
Boge. M. Cad
su&JE6r:ffi 3"3{:,'d-:I_,i_5_q}iIl.._iiii.ill"3;""J,ff *l"iilffi i:rEurlrlto rEl DR.IXE Corooxrxrun, ireo-oiiii onrrn, IO! 2rEst O' ocE:'t DRr\r, a*axaroxr. B-;cl -#r.rrrrrRs srRt'SUBDrvIsIOx ot tl.tox BErcE.
Attached 1s a Revocable permlt lor vera Hender and sout,h oceanBeach propertles rnc. , o=
-
"o:"ppii"ini; ;;;-;;"#:tocated in tne -oiiie--c.-"i"Ti'"1-"r, - 148; ;:;;;' Blr.,Lrrlr"illAduinistration ls_re.guestlnj tnJ'irre -attached REvocabre pe:mit beexecuted to alron th-e consiru;ii"; or a nina:."ip--"1"""a ra.p oncltv owned rlqht .of way on -t-r," -Iouiri
"ia""'Ii-iiril".rh srreet,abuttins the aipli-ini"i p-itp"iiv.'
IDHr}lr ETRltrou Rtco:{}ttNDlTION !
The Ad:oinlstrat,l0n recornnends that, ,t,he. clty cornnission authorizethe execurion of rire-revociit" pl.ira in ri'voi-Ji-ilr" !{ender andsouth ocEan Beach. rroperttes i;;-., for the consiructron of ahandlcap raEp as snowJ-in iir.Lii'l.
BICxCROUXDt
rn 1988' as part of.the ocean Dri.ve street luproveuent prorect, thearea of pifteenth 5t1ee-t retween bcea-n Drlve -a;;'a;iiin"
Avenue ,asreconstructed vlth 5 feet wtal ranos"ap"d ii""- "iiitrng privatei[?ffiii::""tJr:" .south srae oi-rs1-rr strelt. ir," o.ixl condoniniura,
"rir,.."-rii."ili-,lllffi:ffi..[i:,"l:::if, : IiiiSilJl;*:fi :"lffi;the use of a thirty i*t -'ii,ii's-ecrion nilrrtn rhls f rve f eer::#ililiir."r"", ro construcr'a- nanaltap- iI""I...r"rp ro rhe
ilNLY8I8:
vera Hender and south - ocean Beach pr-opertles rnc. sharr beresponslbre for obtalnlng -iir --irr" relevant perults for theconstructlon of the--raup, -and shali provide tr," i"oJ", lnsurance.rhe appr i cants sh.1l r_
- :_i ;.. ;;- ;;"i;;i;i; -;";.i#". "#j i n rena nce o rS:::.":fi!8"3*ilt n11:: "*'"1''"oinuor ree in t.rrl aiount or s45,
DATE: June 15,1994
ITEM
oor. 6- l5 -q q
i.r3
451
REVOCABTE PERMIT
(RESIDENTIAI- PROPERTn
THIS ACREEMENT, made onthis!)-duv ot 1^J4 ,1994 berween the CtTy
OF MIAMI BEACH, (the City) and VER{ MENDER and SOUTH OCEAN PROPERTIES, tNC.,
(col I ectively the Permittee).
WITNESSETH
WHEREAS, the Permittee is the owner of property abutting the Demised Premises to
the north; i.e., "The Drake condominium", located at l460 ocean Drive, and legally
described as Lots 1 and 2 West of Ocean Drive Extension, and Lots 3 and 4 less portion
beginning Northwest corner lot 3, East 116 feet, Southerly 100 feet, Westerly ,132 feet lvVL,
Northerly to Point of Beginning, Block77, Fishers First Subdivision of Alton Beach, recorded
in Plat Book 2 at page 77 of the Public Records 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 right-of-way, as described in Exhibit ,,A",
attached hereto and incorporated herein, for the period of twenty (20) years commencing on
Julv lst-, 1994 (the Demised Premises).
IT IS FURTHER MUTUALLY UNDERSTOOD AND ACREED BY THE RESPECTIVE
PARTIES HERETO:
That the recitations, statements/ 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
452
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
IMPROVFMENTS BY PERMITTEF
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 rnade 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 Permittee, 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 Brease 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, aclions, damages, loss, cost, liabilities, expenses and judgments
of any nature recovered from or asserted against City on account of injury or damage to
person or property to the extent that any such damage or injury may be incident to, arise out
of, or be caused, either proximately or remotely, wholly or in part, by any act, omission,
negligence or misconduct on the part of lndemnitor or any of its agents, servants, employees,
contractors, guests, 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 remote, of the violation by
lndemnitor or any of its agents, servants, employees, contractors, guests, licensees or invitees
453
of any law, ordinance or governmental order of any kind, or when any such injury or damage
rnay in any other way arise from or out of the use by lndemnitor, its agents, seryants,
employees, contractors, patrons, guests, licensees or invitees of the Premises used hereunder,
or arises out of any aoion challenging the granting or legality of this Revocable Permit.
lndemnitor covenants 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
shalland will pay all costs and expenses, including reasonable attorney's fees and court costs,
incurred by or imposed upon city by virtue of any such litigation, including appeals.
ARTICLE V
NO LIABILIry FOR PERSONAL PROPFRry
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
ctrys RtfrHT oF FNTRY
The City or any of its agents, shall have the right to enter upon the Demised Premises
at any time for the purpose of inspecting 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 subiea of this revocable permit. Additionally, any expenses
incurred by the City, but not paid by the permittee, in removing such improvements or
landscaping shall become a lien upon the permittee's abutting property, which may be
foreclosed within one year of its filing.
454
ARTICLE VII
REVOCATION OF PERMIT
It is understood and agreed beMeen 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 belween the parties hereto that written notice addressed
tothePermitteeandmailedorhanddeliveredto Vera Mender, 1460 0cean Drive, Miami Beach,
ilorida,33139; with copies to:owen FreedEsquire, 150 Flaqler Sti^eet, Sujte 2200,Midmi, Florida 33130 , shall constitute sufficient notice to the
Permittee, and written notice addressed to the Ciry Manager and mailed or delivered to the
Ciry of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, shall
constitute sufficient notlce to the City to comply with the terms of this Permit. Notice by U.S.
Mail shall be deemed effective when mailed.
ARTICLE IX
ASSICNMENT
Without the written consent of the Cily first obtained in each case, the Permittee shall
not sublet, assign, transfer, mortgate, 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
expenses 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
aBrees to reimburse the City for all such expenses within thirty (30) days of mailing of a
statement to the Permittee at the address indicated in Article 8. lf not so paid, the expenses
incurred by the City in so doing shall become a lien upon the Permittee's abutting property
455
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 FORECOINC REVOCABLE PERMIT AND KNOWS THE
CONTENTS THEREOF AND FULLY REALIZES ITS MEANING
AND SICNS THIS REVOCABLE PERMIT OF HIS OWN FREE
WILL.
lN WITNESS WHEREOF, the parties have hereunto executed this Revocable Permit for
the purposes herein expressed the day and year first above written.
ATTEST:
Corporate Seal
RJA"/cnm
RI\dsk l\nhender.rev
City Clerk
PERMITTEE
Witness
tro"<9
456
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457
lat{E I THURSDAY. FEBRUARY 19. 2OS uE IFILIICFS€oI1 I Lr,S$-!!!r,t-9
m"*. **
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,i" Ll.^..'. .1 n f A /.L".,
CMY OT M|AMI BEACH
NONCE OF PUBLIC HEABING
NOTICE lS |{ERE3Y given that a public hearins will be
held by fte Mayor a*d City Comrnissior of the City ot
Miami Beach, Florlda, ln the Commission Ctrambers,
3rd floor, City H6ll, 1700 Convention Canter Driv<,
Miemi Beach. Florids. on Wednrsday, Mamh lI,20t5 st
1$;10 a.rn., or as soolr thereafter as the mater can be
heard. to considar:
A Resolution, Following A Duly Notic€d Public Hearing.fu Fequired Pursuant To Section 82.93 Of The Ciry
Code, ApprovingThe Eenewal OfAn Existing Revocable
Permit for Vara Mender And The Drake Condominium
Association, lnc.. To Continue To Retain An Existing
HandicapAccess Ramp I rThe City Rigtrt-Of-lilrsyAbutti69
The Drake Condorainium. LocatedAt 1460 Ocean Drive.
Miami Beach, Florida. And Arrthori:ing The Mayor And
City Clerk To Ex€cute An Agreement Extending The
Revocable Perrnlt, Such ,,Agreement gxtending TheTerm
For An Additional Twenty {rs}Years.
lnquiries mdy be dilecled to the Office of lhe City
Attofiey a, 345"t73.7470 or the htblic Works Depanment
at 305.873^7080.
INTERESTEO PARTIES are invited to appear Et this
m6etingi or be represented by an agem, or to exprass
their views in writiilg addressed tothe City Commission.
c/o th€ City Clerk, 1700 ConventiDn Center Drive,
1't Floor, City Hall, Mismi Bea*r. Florida 33139.This item
is available for public inspeeion du ring norrnal business
hours in the City Glerk'E Office, 1700 Convention Cent€r
Drive, 1s Floor. City Hall, Miqmi Beach, Florida 33139-
Thls meetlng, or any item herein. rnay be csrtinued. and
under suth circrrryrst*nce+ additional lega[ notice need
not be provided.
Pursuant to S€ction 28ti.0105. Fla. Stat, the City hereby
advises the public thal it a pe.son decides E appeal any
decision made by the City Commission with respect
to sny matter considered et its meeting or its hearing.
suci persan rnust ensure that s verbatifi record o{
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to
bo based. This notice does not constitutc consent by
the City for tho introduction or ddmission of oth€rwise
inadmlssibl6 6r irrelevanl €vidence. *or does it au*torize
drallengas or appeals not otherwis€ allowed by law.
Io reguestthis rnaterial in alternatefo.mat eign language
inlerpreter (five.day notce requiredl. information
on access for persons with dissbilities, and/or any
accommoddtion to revjew any document or pafticipate
in any City-sponsored groceeding$, c{ll 305,S04.2489
and selea I lor English or 2 for Spanish. then option 6;
TTY us*re may call via 711 (Florida Helay Servicel.
f,afael E. Granado, City eferk
City of Mismi Seadr
Ad gs1
458
l,llA!,ll HERA1O I Miamilterau.com NE THURSDAY,FEERUARY26,106 I 15NE
r.-..*.+
::---g:11!1j-
li,'ilA,tuil**Ae $-'f
CITYOF MIAMIBEACH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEHEBY given thal the following public hearings will be held by the Mayor and City
Commission ol the City ot Miami Beach, FlorirCa, in the Commisslon ChambeF, Third Floo[ CiB
Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 11, 2015, at lhe
times lisied, or as soon thereafter as the matter can be heand;
10:00 a.m.
A Resolutlon Pursuant To Clty Code Secdon I 18-563, To Grant A Certillcaie Of Approprlalen€ss
For The Total Demolition Of The Existing Bandshell And Recreation Center Buildings, And The
Construction Ot A Portlon OF The Proposed Miimi Seach Ccnvention Centgr Building And
landscape Han Within The Boundaries Of The 21st Street Community Center Historic Site.
Inqulrles may be dhected to the Plalning Departn€nt at 305.673.7550,
10:05 a.m.
A Flesolution Accepting The Hecqmmenddion Ol Th€ Finance And Cityralde Proiects Commlttee
At lts Februaly 2, 2015 Meetlng, Tc Approve The Veation Of The Right Ol Way Known As Ub€rty
Avenue (PaJm Avenue) Belv*een 22nd Street {Ocean Avenue) And 23rd Street (Atlanlic Avenue),
Which ls A 50 Foot In Widih Bight-Of-Way, Contalnhg Approximaiely 12,500 Square FBet ln
Toial ArBa, As Shown On The Plat Of Amend€d Map Of The Ocean Front Prcp€iry Of The Miami
Beach lmprovernent Company, B€corded ln Plat Eook 5 At Page 7, Ol The Public Becords Ot
Miami-Dade Ccunty, ln Favor Of The eif/ Of Miarni Beach, OheApplican!; Waiving By srlih Vote,
Tire Competi.iive Bidding And Appraisal Flequirements Pursuant To Section 82-39(a) And (b) Of
The City Ccde, Finding Thal The Pubiic lnterest WouE Be Served By Waiving Such Conditions.
lhquirr:* may be diiected to lhe Cepltal lmprovefients Oflice at 305.673.7071.
10:10 a-m.
A Herollttion Following A Duty Notic€d Public Hearing, As Required Pu6uant To Section 82-93 Ot
The Ciiy Code, Approving The Benewat OfAn E$sting Revocable Permit For Vera &lender And The
Draks Condorninium Associaljon, lnc., Tc Continue To Retain An Existing Handicap Access Bamp
ln The CitT Hight-Of-lr'lay Abutting The Drake Ccndominium, Located At 1460 Ocean Drive, Miami
Beach, Florida, And Authorizir€ The Mayor And City Clerk Tc Execute An Agreement Extending
The Hevccabls Permit, $uch Agreement Extendlng The Term For An A*litional Trventy (20) Year,
lnquiries may be directed to the Oftice of lle Cily,\frarney at 3C5.673.717A andlor the Puhlic Wa*s
bpart n sil d 3A5. 673.7080.
1O:15 a.m.
A Resoltitios Adopting The Third Arr€ndn€nt To The Caphal Budget For Fiscal Year 2014115.
lnqulries may be directed to tl:€ Office ot Budget and Pef,orman@ lmprovement at 345.673.7510"
10:2O a.m.
An Ordinance Arnending Chapter-18 Of The Ctty Code, Entided 'Businesses,'By Amending Ariicle
X/l Trued 'Nude Dance Estab,ishments," By Creating Section 18-914 Thereof To Be Entiiled
"Compensaibn Standards Forl lo*ers And Performers," V/hlch Frovides Requkemen+.s Regarding
The Method Oi Compensation For Those Workers And Performers ln Nude Dance Estadishments;
And tun€nding Section 18.915 Enli:led "ErfoEament; Penalties," By Settiag Forth Penalties For
A Violation Of Section 18-914; Prsviding Fo. Hepealei Severabiliiy: Codificaion; And An Effective
Daia, lnquldes may he directad ta the Oflicg ol the City Attafiay at 3O5,673,7470.
Dr, Stanl€y Sutni€k Citizenh Fonrrn - Purs:ant to Resolution Nc. 2013-284.t0, the times for the
Dr. Stanley Sdnick Cltizen's Forum are 8*) a-rn and 1:00 p.m., oras soon as pcsible theEafter.
Approximately thirty mintrtes will be allocated to. each session, lyith individuais beirq limited to
no more than thru€ minutes or for a p€riod esl"ablished by the Mayor No appoir,lment or advance
notification is ne€ded in ord€rto speak to the Commission during this Forurn.
INTEHESTED PAFITIES are invited to appear at this meeting, or be representd by an agen'a
or to expEs their vlews in writing addressed to the City Commission, c/o thE City Clerh 1700
e,anvention Center Drive, 1s Floor, City Hall, Miami Beach, Florida 33-133. Cofies of lhese items
are available lol publlc inspectlon during normal business hours in the Office of the City Clerk,
1700 Convenlicri Center Drive, 1'Flcor, City Hall. Miami Beach, FloriCa 33!39. This rneeting. or
any iiem hereln, may be continued, and under such circunEtances, additional legal notice need
nol be prgvided.
Pursuant to Section 286.01 05, Fla. Stat . theCit/ tEreby advises the public that if a person decides
to apFeal any decision made by the Ciry Commiss:on with r€sp€ctto any mattercorclder€d at
its meetng or its hearing, such person must ensure that a verbadm record of the proceedingrs is
rnadq which rscord includss the testimooy and evidence upon which Ifie appeal is to be based.
This notice does not constitJte consenl by tfe Ciiy Jorlhe introduction or admission of otherwlse
inadmissible or indevilt evidence, nor does it authorize challerges or appeals noi olheftvise
allowed by law,
To request this matBtial in dternate formal sign langu4o interpreter {five.day notice required),
inlormaton on acceEs for persons with disabilities, and/or any acccmmodailon to revlew any
document or par;cipale in any City-sponsored proceedings, call 305.664.248S and selecl I for
English or 2 ror Spanish, then cption 6i TTY users may call via 711 (Florida flelay Service).
Hafaei E. Granado, City Clerk
City of Miami Beach
459
COMMISSION ITEM SUMMARY
Condensed Title:
A Resohltion of lni Uayor and City Commission of the City of Miami Beach, Florida, Adopting the Third
Amendment to the for Fiscal Year 2014115.
@eliveryofQualityCapitalProjects,lmproveStormDrainageCitywide'and
Data Environmental etc.): N/A
Item Summary/Recommendation :
@sisanongoingprocess;asneedschangewithintheCity'capitralprogramsand
prioritiei must be adjusted. The Capital lmprovement Plan ('ClP') serves as the primary planning tool for
systematically identifiing, prioritizing and assigning funds to critical City capitaldevelopment, improvements and
associated needs.
The City's capital improvement plan process begins in the spring when all departments are asked to prepare
capital improvement updates and requests on the department's ongoing and proposed capital projects. lndividual
deparfnents prepare submittals identifying potential funding sources and requesting commitment of funds for
their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2014|15 -2018119 Capital
lmprovement Plan and FY 2014t15 Capital Budget was adopted on December 2,2014 by resolution 2014'28863'
The First Amendment to the FY 2l14t15Capital Budget was also approved on December 2,2014 by resolution
2014-288M. The Second Amendment to the FY 2014115 Capital Budget was also approved on January 14,
2015 by resolution 2015-28901.
Section 166.24'l(4)(c.), Florida Statutes, requires that a municipality's budget amendment must be adopted in the
same manner as the original budget. Administration recommends adopting the resolution for the third
amendment to the FY 2014115 Capital Budget.
The third amendment to the FY 2014115 Capital Budget totals an increase of $4,187,000 and a re-appropriation
of 91,500,000 to provide additional funding to thirteen of the following capital projects and expands the scope of
one.1. Alton Rd Utilities
2. lnfiltration and lnflow Program - Phase 3
3. Miami Beach Golf Course - Golf Cart Path repair
4. Flamingo Park Stadium Scoreboard
5. Revenue Control Equipment - Parking Garages
6. Police Body Camera Project
7. Normandy Pool Repair
8. Bass Museum Weather Seal & Paint'9. Fleet Management lnteriorAttic Roof
10. Police Station Exterior Painting
11. Sanitation Building Paint Exterior
12. Historic City Hall Paint
13. Marine Patrol Boat Lift Replacement
14. Citv Hall Soace Plan
Source of*"0@
OBPI
Amount :::::,:ACCOUnt
$133,000
$124,000
$2,571,000
$402,000
$122,000
s835.000
142 -7'' Street Garage
306 - Mid Beach Quality of Life
480 - Parking Operations
467 - Penn Garage
463- RDA Garage
125- Caoital Renewal & Replacement
:rTotil $ 4.187,000
Financial lnformation:
Clerk's Office
trA rrEM R'l D
DArE 3-tl-ts(s MIAMIBEACH 460
g MIAMI BEACH
Gity of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MTAMI BEACH, FLORIDA, ADOPTING THE THIRD AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2014115.
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
Planning for capital improvements is an ongoing process; as needs change within the City,
capital programs and priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves
as the primary planning tool for systematically identifying, prioritizing and assigning funds to
critical City capital development, improvements and associated needs.
The City's capital improvement plan process begins in the spring when all departments are
asked to prepare capital improvement updates and requests on the department's ongoing and
proposed capital projects. lndividual departments prepare submittals identifying potential
funding sources and requesting commitment of funds for their respective projects.
The CIP is updated annually and submitted to the City Commission for adoption. The 2014115 -
2018119 Capital lmprovement Plan and FY 2014115 Capital Budget was adopted on December
2,2014 by resolution 2014-28863.
The First Amendment to the FY 2014115 Capital Budget was approved on December 2,2014 by
resotution 2014-28864. The Second Amendment to the FY 2014115 Capital Budget was
approved on January 14,2015 by resolution 2015-28901.
Section 166.241(4)(c.), Florida Statutes, requires that a municipality's budget amendment must
be adopted in the same manner as the original budget. Administration recommends adopting
the resolution for the third amendment to the FY 2014115 Capital Budget.
Mayor Philip Levine and Members the
Jimmy L. Morales, City
March 11,2015
461
Resolution Adopting the Third Amendment to the Capital Budget for FY 2014115
March 11,2015
Page 2 of 6
THIRD AMENDMENT TO THE FY 2014/15 GAPITAL BUDGET
The third amendment to the FY 2014115 Capital Budget totals an increase of $4,187,000 and a
re-appropriation of $1,500,000 in order to provide additional funding to the following fourteen
capital projects.
1. AIton Road Utility: This project amendment includes an increase to the joint
participation agreement between the City and FDOT referenced in a companion item
on the March 11, 2015 Commission agenda. As part of the FDOT project, relocation
of the City-owned water main system along Alton Road was required. Considering
the age and condition of the City utility infrastructure in this area, staff determined
that it would be advantageous to the City to upgrade the existing water main system
as part of the FDOT project. ln addition, the Project will also include upgrading the
water main Iaterals that service the side streets along the Project corridor. During
construction it was determined the connecting water, sewer and stormwater
infrastructure required upgrading or failure could occur in the next few years. The
funds provided by this amendment will be utilized to make these improvements.
Funding for this would come from fund balance in 424- Water & Sewer Bonds and
427 -Slormwater Enterprise Fund.
Prior Years' Aoorooriations $4.195.407
March 11. 2015 Budqet Amendment 500.000
Prooosed Total Aoorooriations $4.695,407
2. Infiltration & lnflow Program - Phase 3: At the February 11,2015 Commisson' Meeting, Commission approved item R7D authorizing the re-appropriation
$1,000,000 to fund ongoing sanitary sewer cleaning, televising, repairs, and sanitary
sewer lining needed. 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. Cunent funds for this
project will only permit. continued construction for another month. ln efforts to
continue with the sanitary sewer system improvements without intenuption, Public
Works staff recommends that $1,000,000 be reappropriated from the Pump Station
#1 Sewer Project. Once the funding from the Proposed Water & Sewer bonds are
made available, the Pump Station # 1 project will be re-paid.
Prior Years' Appropriations $2,855,000
March 11. 2015 Budqet Amendment 1.000.000
Proposed Total Appropriations s3.855.000
462
Resolution Adopting the Third Amendment to the Capital Budget for FY 2014115
March 11,20'15
Page 3 of 6
3. Miami Beach Golf Course - Golf Cart Path repair: Replace and repair broken
concrete path flags and curbs throughout the golf course. There are currently 172
flags with various degrees of damage. Of those, approximately 82 flags are
hazardous to users and cause damage to the golf carts. After meeting with
contractors, we have found that the original proposed project funding is not sufficient
to perform work. This amendment is being submitted to request additional funding to
perform the necessary repairs during the slow golf season of FY15. The additional
cost to make these repairs is $124,000 to be funded from fund balance in 306- Mid
Beach Quality of Life.
Prior Years' Appropriations $31.000
March 11.2015 Budqet Amendment 124.000
Proposed Total Appropriations $1s5.000
4. Flamingo Park Basebatl Stadium Scoreboards: The scope of the existing project
is to purchase a new scoreboard for the Flamingo Park Baseball Stadium. This
amendment request is to expand the scope to include a new scoreboard for the
Barbara Medina lce Rink at the Scott Rakow Youth Center. No additional funding is
needed.
Prior Years' Appropriations $25.000
March 11,2015 Budget Amendment 0
Proposed Total Appropriations $2s.000
5. 'Revenue Control Equipment - Parking Garages: The FY 2012 Capital Budget
funded three projects for Revenue Control Equipment Phase !, ll, lll to upgrade the
City's parking garages revenue control systems. No upgrade took place to date and
at this time the Parking Department would like to re-appropriate the funding in the
three projects to one project and do a complete replacement of the Revenue Control
Equipment. !n addition the project would require an additional $3,228,000 that would
come from Fund Balances in Parking funds: 467, 480, 463, and 142.
Prior Years' Aoorooriations $1,004,000
March 11. 2015 Budqet Amendment 3.228.000
Proposed Total Appropriations s4.232.000
463
Resolution Adopting the Third Amendment to the Capital Budget for FY 2014115
March 11,2015
Page 4 of 6
6. Potice Body Camera Project: At the February 11,2015 Commission Meeting, the
Commission was provided with an update on the Body Camera Projects and
Deployment. ln the update it was stated that as part of this project, a special room
must be built within MBPD headquarters to house the cameras docking station for
charging and uploading the videos. The total amount being requested is $60,000
which includes electrical breaker panels, installation of cables & junction boxes,
network modules, constructions expenses, and CCTV to monitor the body camera
depot. Funding from this project will come from balances from the close-out of 125-
Renewal & Replacement projects.
Prior Years' Aopropriations $o
March 11,2015 Budqet Amendment 60.000
Prooosed Total Appropriations $60.000
7. Normandy tsle Pool Electrical Bonding System: An electrical bonding resistance
test was performed on the two Normandy lsle Pools. The findings disclosed some
deficiencies; the most significant findings were the Playground Structure in the
Activity Poot and the ADA Chair Lift in the Lap Pool failing the bonding resistance
test. Mention was also made that the overall bonding system was found to be in very
poor condition as the wires, connections and equipment was severely sulfated.
These findings present a life safety issue requiring closing the Activity Pool and
preventing usage of the ADA Chair Lift and any other items that were found to not be
properly bonded. The estimated cost to make these repairs is $125,000 to be funded
from fund balance in 125- Renewal & Replacement.
Prior Years' Appropriations $0
March 11,2015 Budget Amendment 125.000
Proposed Total Appropriations $125.000
8. Bass Museum Paint & Waterproofing: This project was initially funded in previous
years in the amount of $27,478 for paint and waterproof of the exterior of the Bass
Museum of Art. ln order to complete this project, additional funding is required in the
amount of $100,000. This additional funding is to be funded from fund balance in
125- Renewal & Replacement.
Prior Years' Aopropriations $27.478
March 11,2015 Budget Amendment 100.000
Proposed Total Appropriations $127,478
464
Resolution Adopting the Third Amendment to the Capital Budget for FY 2014115
March 11,2015
Page 5 of 6
9. Fleet Management lnterior Attic Roof: The Fleet Management office building
located on Terminal lsland requires insulation and an encapsulated interior attic roof
structure to further prevent condensation which causing heavy levels of moisture into
the office space. This would be a new project that has no previous funding. Funding
for this project would come from fund balance in 125- Renewal & Replacement.
Prior Years' Appropriations $0
March 11.2015 Budqet Amendment 40.000
Proposed Total Appropriations $40.000
10. Police Station Exterior Painting: This project was funded in previous years in the
amount of $1 11,000 for paint and seal of the exterior of the Police Station. However
this estimate did not take into account the adjacent parking garage. ln order to
complete this project including the adjacent parking garage, additional funding is
needed in the amount of $70,000. This additional funding is to be funded from fund
balance in 125- Renewal & Replacement.
Prior Years' Appropriations $111,000
March 11,2015 Budget Amendment 70.000
Proposed Total Appropriations $181.000
ll.Sanitation Buitding Paint Exterior: This project was initially funded in previous
years in the amount of $64,163 for paint and seal of the exterior of the Sanitation
office building located on Terminal lsland. ln order to complete this project additional
funding is needed in the amount of $65,000. This additional funding is to be funded
from fund balance in 125- Renewal& Replacement.
Prior Years' Aooropriations $64.163
March 11.2015 Budqet Amendment 65,000
Prooosed Total Appropriations $129,163
12. Historic City Hall Paint: This project was funded in the FY 14115 Capital Budget in
the amount of $200,000 for paint and seal of the exterior of Historic City Hall.
However, the estimate for this project determined that this project requires additional
funding in the amount of $35,000. This additional funding is to be funded from fund
balance in 125- Renewal & Replacement.
Prior Years' Aoorooriations 200.000
March 11.2015 Budqet Amendment 35,000
Proposed Total Appropriations ;235.000
465
Resotution Adopting the Third Amendment to the Capital Budget for FY 2014115
March 11,2015
Page 6 of 6
13. Marine Patro! Boat Lift Replacement: This project was funded in the FY 14115
Capital Budget in the amount of $35,000 for the replacement of the Marine patrol
boat lift. However the final and lowest estimate for this project determined that the
project would require additional funding in the amount of $15,000. This additional
funding is to be funded from fund balance in 125- Renewal & Replacement.
Prior Years' Aporopriations $35.000
March 11,2015 Budget Amendment 15,000
Prooosed Total Appropriations $50,000
14. city Halt Space Plan: The Adopted FY 14115 Capital Budget appropriated $265,000
and $170,000 was appropriated in prior years for the City Hall Space Plan
lmplementation which would allow for a new media/press room on the first floor as
well initial funding for various office relocations, build-out, furniture, fixtures and
equipment associated with space plan implementation for City departments in City
Hall. This project requires additional funding of $325,000 to complete this project.
This amendment would be funded from the 125- renewal & Replacement fund
balance.
Prior Years' Aooropriations $435,000
March 11,2015 Budqet Amendment 325,000
Prooosed Total Appropriations $760,000
JLM/JW
@-
466
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE THIRD
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2014115.
WHEREAS, the final Capital lmprovement Plan for FY 2014115 - 2018119 and
the final Capital Budget for FY 2014115 was adopted via Resolution 2014-28863 on
December 2,2014: and
WHEREAS, the first amendment to the Miami Beach Capital Budget for FY
2014115 was adopted on December 2,2014 via Resolution No. 2014-28864; and
WHEREAS, the second amendment to the Miami Beach Capital Budget for FY
2014115 was adopted on January 14,2015 via Resolution No. 2015-28901; and
WHEREAS, the proposed amendment to the FY 2014115 Capital Budget are
included in "Attachment A - Source of Funds" and "Attachment B - Program"; and
WHEREAS, it is recommended the FY 2014115 Capital Budget be amended to
add appropriations totaling $4,187,000 to 11 projects, and re-appropriate $1,500,000
between two existing projects, and expand the scope of one project as highlighted in
"Attachment C - Projects".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and City Commission
hereby adopt the Third Amendment to the Capital Budget for Fiscal Year 2014115 as
shown in Attachment A (Source of Funds), Attachment B (Programs) and Attachment C
(Projects).
PASSED AND ADOPTED this 11th day of March, 2015.
ATTEST:
PH!LlP LEVINE, MAYOR
RAPHAEL E. GRANADO, CITY CLERK
APPROVED AS TO
TCfiTTU & LANGUAGE
&FOR EXECUTION
l- 4-t5
Date
467
ATTACHMENT A
FY 2014115 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 03111115
NOTE: The Alton Road Utilities project and the lnfiltration and lnflow program - Phase 3 project, will be
funded by funds previously appropriated to other projects.
Fundino Source Amended 1115115 Amended 3111115 Revised
2003 GO Bonds - Neighborhood lmprovement $ 160.000 $ 160.000
2003 GO Bonds - Fire Safety
625.000 625,000
2010 Parking Bonds Reso. 2010-27491 2.301.000 2.30'1.000
7th Street Garage 1.217.695 133.000 1.350.695
Capital Projects Financed by Other Funds 2.265.000 2.265.000
Capital Reserve 8.521.285 8.521.285
Convention Center 525,000 525.000
Concunency Mitigation 2.060.000 2.060,000
Equipment Loan/Lease 4.947.000 4.947,000
Fleet Management Fund 50,000 50,000
Half Cent Transit Surtax - County 2.333.000 2.333.000
lnfo & Communications Technology Fund 280,000 280,000
Local Option Gas Tax 336.000 336,000
MB Quality of Life Resort Tax Fund - 1%5.111.900 124.000 5.235.900
Miami-Dade County Bond 54.400.000 54.400.000
NB Quality of Life Resort Tax Fund - 1%2.984.000 2,984.000
Non TIF RDA n1.712.OO0\n1.712.0001
Parking Operations Fund 2.270.000 2.571.000 4.841.000
Pay-As-You-Go 2.863.000 2.863.000
Penn Garage 402.000 402.000
Proposed Future RDA Bonds 310.050.000 310.050.000
Proposed Future ResortTax 1 Bonds 204.500.000 204.500.000
Proposed Future Water & Sewer Bonds 14.476.000 14.476.OOO
Proposed Parking Bonds 59.500,000 59,500,000
Proposed Stormwater Bonds 51.876.000 51,876,000
RDA Garage Fund 2.719.000 122.000 2.841.000
Renewal & Replacement Fund 2.200.120 835,000 3.03s.120
SB Quality of Life Resort Tax Fund - 1%1.870.000 1.870.000
Sanitation Enterprise Fund
375.000 375.000
South Pointe Capital 14.874.000 14.874.000
W&S GBL Series 2010 CMB Reso 2009-
27243 458.000 458.000
Water and Sewer Enterprise Fund
150.000 150.000
Total Aoorooriation as of 03/11/15 $ 7/t4.586.000 $ 4.187.000 s 748.773.000
468
ATTACHMENT B
FY 2014115 CAPITAL BUDGET
PROGRAMS
Amended 03111115
Proqram Area Amended 1115115 Amended 3111115 Revised
Bridges $283.000 $ 283,000
Community Centers 42.000 42,000
Convention Center 522.013.000 522.0'13.000
Environmental 224.OOO 224.000
Eouipment 6.177.000 3.228.OOO 9.405.000
General Public Buildinos 5,588,000 5.588.000
Golf Courses 124.000 124.OOO
lnformation Technoloov 1.780.000 1.780,000
Monuments 233.000 233,000
Parkinq 833.000 833,000
Parkino Garaqes 61.374.214 61.374.214
Parkino Lots 468.000 468.000
Parks 8.159.900 8.159.900
Renewal & Reolacement 5.842.601 835,000 6.677.601
Seawalls 254,000 254,000
Streets/ Sidewalk lmos 98.453.393 98.453.393
TransiU Transoortation 8.771.000 8_771.000
Utilities 24.089.892 24.089.892
Total Appropriation as of
o3t11115 $ 744.586.000 $ 4.187.000 $ 748.773,000
The Alton Roetl I ltilities nroical arul the lnfiltration and lnflow nrooram - Phase 3 nroiect. willNOTE: The Alton Road Utilities project
funded by funds previously appropriated to other projects.
program - Phase 3 project, will be
469
Gapital Project Name Amended
1l1sl15
Amended
3t11115
Revised Capita!
Budget
Alton Road Utilities - Sth to Michigan $ 4.195.407 $ 500,000 $ 4.695.407
Misc. Wastewater and Water Upgrades
3.000.000 (106.510)2.893.490
Upsizing under capacity water mains
Citywide from lndian Creek Drive to 41st.3.135.762 (100.093)3.035.669
Collins Ave Utility from Sth To 15th St
742.986 (100.000)642.986
Collins Ave Main: SP Drive-72nd Street
885,000 ('193.397)691.603
lnfiltration & lnflow Program - Phase 3
2.855,000 1.000.000 3,855.000
Pump Station #1
1.000.000 (1.000.000)
Miami Beach Golf Course - Golf Cart
Path repair 31.000 124.000 155,000
Flamingo Park Baseball Stadium and lce
Rink Scoreboards 25.000 25.000
Revenue Control Equipment - Parking
Garages:1,004.000 3,228.000 4.232.OOO
Police Body Camera Project
60.000 60.000
Normandy lsle Pool Electrical Bonding
System
125,000 125.000
Bass Museum Weather Seal
27.478 100,000 127.478
Fleet Management lnterior Attic Roof
40,000 40,000
Police Station Exterior Painting
111,000 70,000 181,000
Sanitation Building Paint Exterior
64.163 65,000 129,163
Historic City Hall Paint
200,000 35,000 235,000
Marine Patrol Boat Lift Replacement 35,000 15,000 50,000
City Hall Space Plan
435,000 325,000 760,000
Total $ 17,965.796 $ 4,187,000 $ 21,933,796
ATTACHMENT C
GAPITAL BUDGET
PROJECTS
Amended 03111115
NOTE: The Alton Road Utilities project and the lnfiltration and lnflow program - Phase 3 project, will be
funded by funds previously appropriated to other projects.
470
K
r-,
-,{__ r*:3. srf
&41F.,r,11S*,&{1"{
CITY OF MIAMI BEACH
NOTICE OF PUELIC HEABINGS
tlOTlCE lfi HEHEBY given thal the following public hearirqs will be held by the Mayor and City
Commission ot the City ol Mlami Beach, Florida, in lhe Commission Chambers, Third Floor, City
Hall, 1700 Convenlion Center Drive, Miami Beach, Florida, on Wednesday, Mach 11, 2015, at lhe
times llsted, or as soon thereafter as the matter can b€ heard:
10:00 a.m,
A Hesoluton Pursuant To Clty Code S€ctkln 1'18-563, To Grant A Certtticat6 Of Approprlaleness
For The Total Demolition Ol The Existing Bandshell And Recreation Center Buitdings, And The
Construction Of A Poftlon Of The Proposed Miaml Eeach Convention Center Bui,ding And
Landscape Han Within The Boundaries ol The zlst Steet Community Center Historic Site.
lnqulrles may be dlrccted b the Planning Departnant at 3A5.673.7550.
10:05 e,m.
A Resolution Accepting The Flecon:mendalion Of The Finance And Citywide Prolects Committee
Al lls Fsbruary 2, 2015 Meetlng, fo AppBve The Veatlon Of The Right Of vYay KnoIn As Llb€rb/
Avenue (Palm Avenue) Between 22nd Street (Ocean Avanue) And 23rd Street (Allanljc Avenuel,
Which ls A 50 Foot ln Width Blght-Of-Way, Co.{taining Approxlmately 12,500 SquarE FBel ln
Total Area, As Shown On TiE Plat Of Amend€d Map Of rfhe Ocean Front P.op€rty of Th6 Miaml
Beach lmprovernent Company, Becorded In Pht Book 5 At Pag€ 7, Ol The Public Records O,
MiamFDade County, h Favor Of The eit/ Of Miarni Beach, Ohe Applieanq; Waiving By sfith Vote,
The Competitive Bidding And Appraisal Bequiremer(s Pursuant To Section 82-39{a) And (b) Ol
The City Ccd€, Finding That The Puuic lnter.st Wouk Be Servod B)/ WaivirE Such Conditions.
lnqui4es mdy be dii?cted to lhe Capltal lfitptovefients Otllce dt 305.673.7071.
10:10 a-m-
A BeEdlution Follott{lng A Duly Noticed Publh Hearing, As Requked Pursuant To Sec-tion 82-93 0,
The Ctty Code, Approving The Henewd OfAn Existing Revocable Permit For \lera Nlender And The
Drake Condominium Association, lnc., Tc Continus To Hetain An Exi$ting Handicap Access Hamp
In The City Right-Of-Way Ahrtting The Drake Condominium, Located At 1460 Ocrean Drive, Miami
Beach, Florida, And Authorizirg The Mayor And City Clerk To Execub An Agreement Extending
Tha Revocable Permil, Such Agrsem$t Ex.tending The T€rm For An Additional Tlventy (20) Years.
lnqulries may be drected to the afftce of ttr City Attarney at 3a5.673"747A andlor the Pudic Works
Ibpatment d 305.67 3.7080.
1o:15 a.m.
A Resolulion Adopting The Third AnEndrnent To The Caphal Budg€t For Fiscal Year 2014115.
lnqulrles may be dircctad to tlB O'Ace of Budget end Perfoffian@ l,ilprovemefit et fi5.673.7510.
1O22O e-m-
An Ordinace Amending Chapter 18 Of The Ctty Code, Enti{ed "Businesses,'By Arnendirq Article
)0r/l Titled "Nud€ Danc6 Establishments,' By Creating Section 1&914 Theeof To B€ Entitled
"CompeIEatlofl Standards Forl brkersAnd Performers," Which Provid€s R€guir€menls Regarding
The Method Of Compensalion For Those Workers And Perfarmers ln Nude Dance Establishments;
And Amending kion 18-915 Enlilled'Enforcement; Penalti€B," BySefiing Forti Penalties For
AMolation Of Section 18-914; Providing For Hepealer; Severaulily: Codificaton; And An EffecJive
Date', lnquiries may be diracted ta dE Ottleo of tl]€ Ctty Attfiliey at 305.8Ti.7470.
t}r Stanley Sutrick Ciltzenb Forum - Pursuant to Besolution No. 2013-28440, the times for the
Df. Stanley SLrtnick Cltizen's Forum are 8rO a-m. and 100 p.m., or as seon as p6dblB thoEafter-
Approximatdy thirty minuies will be allocated to each session, with individuats beirq limited to
n6 more than ihree minutes or tor a period €6tablish€d by the Mayor. No appoiniment or adyance
noitilication is needed in order to speak to the Commission during this Forurn.
INTEHESTED PARTIES are inviled to appear at this meeting, or be /6pre$ented by an agen!,
or to express their vlews in writing addressed to the City Commission, c/o lirB City Clerk, 1700
Conventlon Center Drivq 1$ Floor, City Hall, Miami Beach, Florida 33139. Copies of thess items
ale avallable lol publb inspe€tion durlng normal business hours in the Offce of the Giiy Clerk,
17m Convenlion Center Drive, 1" Floor, City HaU, Miami Beeh, Florida 33139. This rneeting, or
any ilem her€ln, may be continued, and under such cifcunElances, sdditlonal l€gal notfce n€ed
not be provided.
Pursuant to Section 286.0.105, Fla. Stat., theCity herehy advises the triblic that if a person decides
to appeal any d€cision mad€ by lhe City Commlss;on with rEspscl to arry matter consldered al
its meetjng or its hearing, such person musi ensure that a verbatim record of the proceedingrs is
rnad6, which rec€rd includss th€ testimony and €vidence upon which th€ appeal is to be based.
This notice does nct constitlrta consont by the CiU ior the introdufiion or admission of olhefwiso
inadmissible or irrelevant evidence, nor does it authorize challerpes or app€als not otherwise
allowed by hw,
To request this materhl in alternate format, $ign languqE inlerprster fivo{ay notice required},
inlormation on access for persons wlth dlsabiiifles, and/or any accommodation to revlew any
document or particlpat€ ln any Clty-sponsored proceedings, call 305.604.2489 and select 1 for
Engilish or 2 for Spanish, t1en optofl 6; Try users may call via 711 (Rcrida Relay SeflicE).
Batael E. Granado, Clty Clerk
City oi Miami Beash
471
Clerk's Office
COMMISSION ITEM SUMMARY
Bayshore ROW
AGENDA ITEil R'] E
Condensed Titte:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE WITHDRAWAL OF REQUEST FOR PROPOSAL
(RFP) NO. 2014-187-SR FOR DESTGN/BUTLD SERVTCES FOR NETGHBORHOOD NO. 8:
CENTRAL BAYSHORE SOUTH RIGHT.OF.WAY INFRASTRUCTURE IMPROVEMENTS
AND AUTHORIZING THE ISSUANCE OF RFP NO. 2015.133.YG FOR THESE SAME
SERVICES.
Ensure Reliable Stormwater Management And Resiliency Against Flooding By lmplementing
Select Short And Lonq-Term Solutions lncludinq Addressinq Sea-Level Rise
Su Data (Surveys, Environmenta! Scan, etc.: N/A
Item Sum marv/Recommendation :
Request for Proposal No.2014-187-SR (RFP) for Design/Build Services Neighborhood No. 8: Central
Bayshore South Right-of-Way lnfrastructure lmprovements was issued on May 19,2014, with an initial
opening date of June 26, 2014. A voluntary pre-proposal meeting was held on June 3,2014. On June
9lh, 2014, Addendum No. 1 was published indicating that the project had been delayed until further
notice.
The reason for this hold was to allow for AECOM, the City's Flood Mitigation Consultant, to review and
update the Design-Criteria in order to accommodate the City's new enhanced stormwater criteria,
thereby making the project consistent with current City drainage projects. On or about November 2014,
the project was further delayed pending the identification of additional funds needed for the financial
impact of the enhanced stormwater criteria.
Given the amount of time that has passed since the RFP was issued, it is in the City's best interest to
withdraw the current RFP and authorize the issuance of a new RFP No.2015-133-YG which will
incorporate the updated Design-Criteria as well as changes to the Evaluation Methodology and
Determination of Award sections which have been revised to include a two-step process. lt is expected
that the updated Design-Criteria will be made available to the City Commission for review via a Letter to
Commission ('LTC") prior to the March 11th City Commission meeting.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida authorize the withdrawal of Request for Proposal (RFP) No.2014-187-SR for Design/Build
Services for Neighborhood No. 8: Central Bayshore South Right-of-Way lnfrastructure lmprovements
and authorizing the issuance of RFP No. 2015-133-YG for these same services.
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount Account
1 N/A
2
OBPI Total
Financial lmpact Summary:
Alex Denis, Extension 6641
E MIAMIBEACH
-SR DesignBuild
DArE 3-ll- t'r472
MIAMIBEACH
Cify of Miqmi Beqch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members of City ission
FROM: Jimmy L. Morales, City Manager
March 11,2015
A RESOLUTION OF THE MAYOR JII.IO CITY COMMISSTON OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE WITHDRAWAL OF REQUEST
FOR PROPOSAL (RFp) NO.2014-187-SR FOR DESIGN/BU|LD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF
RFP NO. 2015.133.YG FOR THESE SAME SERVICES.
ADMI NISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Reliable Stormwater Management And Resiliency Against Flooding By lmplementing
Select Short And Long-Term Solutions lncluding Addressing Sea-Level Rise
BACKGROUND
Request for Proposal No. 2014-187-SR (RFP) for Design/Build Services Neighborhood No. 8:
Central Bayshore South Right-of-Way lnfrastructure lmprovements was issued on May 19,
2014, with an initial opening date of June 26, 2014. A voluntary pre-proposal meeting was held
on June 3, 2014. On June 9th, 2014, Addendum No. 1 was published indicating that the
project had been delayed untilfurther notice.
The reason for this hold was to allow for AECOM, the City's Flood Mitigation Consultant, to
review and update the Design-Criteria in order to accommodate the City's new enhanced
stormwater criteria, thereby making the project consistent with current City drainage projects.
On or about November 2014, the project was further delayed pending the identification of
additional funds needed for the financial impact of the enhanced stormwater criteria.
Given the amount of time that has passed since the RFP was issued, it is in the City's best
interest to withdraw the current RFP and authorize the issuance of a new RFP No. 2015-133-
YG which will incorporate the updated Design-Criteria as well as changes to the Evaluation
Methodology and Determination of Award sections which have been revised to include a two-
step process. lt is expected that the updated Design-Criteria will be made available to the City
Commission for review via a Letter to Commission ("LTC") prior to the March 11th City
Commission meeting.
SCOPE OF SERVICES
Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central
Bayshore South Rig ht-of-Way I nfrastructure I m provements (attached ).
DATE:
SUBIECT:
473
Commission Memorandum - Withdrawal of RFP 2014-187-SR and issuance of RFP 2015-133-YG for
Design/Build Services Neighborhood No. 8: Central Bayshore South Right-of-Way lnfrastructure
lmprovements
March 11,2015
Page 2
MINIMUM QUALIFICATIONS
Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No. 8: Central
Bayshore South Righlof-Way I nfrastructure I mprovements (attached).
MINIM UM DOCU M ENTATION SUBMITTAL REQUI REMENTS
Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No.8: Central
Bayshore South Right-of-Way lnfrastructure I mprovements (attached).
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference RFP 2015-133-YG for Design/Build Services Neighborhood No.8: Central
Bayshore South Rig ht-of-Way I nfrastructu re I m provements (attached ).
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida authorize the withdrawal of Requestfor Proposal (RFP) No.2014-187-SRfor
Design/Build Services for Neighborhood No. 8: Central Bayshore South Right-of-Way
lnfrastructure lmprovements and authorizing the issuance of RFP No.2015-133-YG forthese
same services.
ATTACHMENTS
RFP 2015-133-YG for Design/Build Services Neighborhood No.8: Central Bayshore South
Rig ht-of-Way I nfrastructure I m provements.
JLM/MT IDMI AD/YG
T:\AGENDA\2015\March\Procurement\Withdrawal of RFP No. 20'14-187-SR DesignBuild Svcs - Central Bayshore ROW lmprovements -MEMO.doc
474
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE WITHDRAWAL OF REQUEST
FOR PROPOSAL (RFP) NO. 2014-187-SR FOR DESIGN/BUILD SERVICES
FOR NEIGHBORHOOD NO. 8: GENTRAL BAYSHORE SOUTH RIGHT-OF-
WAY INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE
ISSUANCE OF RFP NO.2015.133-YG FOR THESE SAME SERVICES.
WHEREAS, Request for Proposal No. 2014-187-SR (the RFP) was issued on May 19,
2014, with an initial opening date of June 26, 2014; and
WHEREAS, a voluntary pre-proposal meeting was held on June 3,2014; and
WHEREAS, on June gth, 2014, Addendum No. 1 was published indicating that the
project had been delayed until further notice; and
WHEREAS, the reason for this hold was to allow for AECOM, the City's Flood Mitigation
Consultant, to review and update the Design-Criteria in order to accommodate the City's new
enhanced stormwater criteria, thereby making the project consistent with current City drainage
projects; and
WHEREAS, on or about November of 2014, the project was further delayed pending the
identification of additional funds needed for the financial impact of the enhanced stormwater
criteria; and
WHEREAS, given the amount of time that has passed since the RFP was issued, it is in
the City's best interest to withdraw the current RFP and authorize the issuance of a new RFP
No.2015-133-YG which will incorporate the updated Design-Criteria as well as changes to the
selection process; and
WHEREAS, it is expected the updated Design-Criteria will be made available to the City
Commission for review via a Letter to Commission ("LTC") prior to the March 11th 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 authorize the withdrawal of Request for Proposal (RFP) No. 2014-187-SR
for Design/Build Services for Neighborhood No. 8: Central Bayshore Right-of-Way lnfrastructure
lmprovements and authorizing the issuance of RFP No. 2015-133-YG for these same services.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\2015\March\Procurement\Withdrawal of RFP No. 2014-187-SR Desir - . - APPROVED AS TO
rmprovements -RESo.doc
rocurement\withdrawal of RFP No' 2014-187-sR DesignBuild Svcs - central ffif Pyhpounog
TFOR E)GCUTION
J--\1 -(i
r--lrd
Date475
MIAMIBEACH
REQUEST FOR PROPOSALS
DESIGN lEUItD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAT
BAYSHORE SOUTH RIGHT.OF.WAY
I N FRASTRUCTU RE IMPROVEMENTS
RFP No.2Ot5-133-YG
RFP ISSUANCE DATE: MARCH 12,2015
PRE-PROPOSAL MEETING DATE: MARCH 20,2015 AT 10:00 AM
PROPOSAL DUE DATE: APRIL 15,2015 AT 3:00 PM
ISSUED BY: YUSBEL GONZALEZ, CPPB
,n'r"\ IAivi i BEAC H
Alex Denis, Direclor
DEPARTMENT OF PROCUREMENT
I200 Convention Center Drive, Miomi Beoch, FL 33.l39
305.673.7000 x 7490 | odenis@miomibeochfl.gov
www.miomibeochfl.gov
476
MIAMIBEACH
TABLE OF CONTENTS
PAGE
PUBLIC NOTICE FOR PROPOSALS .................... X
OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS .......... X
00200. DEFrNrTroNS............ ............... X
00300. TNSTRUCTTONS TO PROPOSERS............ ................ X
00305. EVALUATTON METHODOLOGY.. .............. x
00315. PROPOSAL SUBMISSION REQUIREMENTS ............ X
OO4O5. CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES ........ X
APPENDIXES:
A. PROPOSALCERTIFICATION, QUESTIONNAIRE&REQUIREMENTSAFFIDAVIT...X
B. "NO BtD" FORM. ...........x
c. BrD TENDER FORM (COST PROPOSAL) .... ............X
D. INSURANCE REQUIREMENTS .......X
E. REQUIRED FORMS ............X
F. SAMPLE CONTRACT............... ................. X
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
DEPARTMENT OF PROCUREMENT
Tel: 305.673.7490, Fax: 786.394.4006
PUBLIC NOTICE
REQUEST FOR PROPOSALS (RFP) No. 2015.133.YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL BAYSHORE SOUTH RIGHT.OF.WAY
INFRASTRUCTU RE IMPROVEMENTS
Miami Beach, Florida
fhe Design/Build Firm (DBF) will be responsible for engineering, design, permitting, construction, testing, and
commissioning services associated with the work related to earthwork, pavement reconstruction, sidewalk
construction, water main improvements, and storm drainage infrastructure installation. A Design Criteria package has
been prepared which includes conceptual specifications and plans for the civil discipline. The work to be performed
under this contract shall consist of providing all tools, equipment, material, supplies, and manufactured articles and
furnishing all labor, transportation, and services, including fuel, power, water and essential commutations, and
performing all work, or other operations required for the fulfillment of the contract in strict accordance with the
contract documents. The work shall be complete, and all work, materials, and series not expressly indicated, or
called for in the contract documents, with may be necessary for the completion and proper design and construction of
the work, in good faith shall be provided by the DBF. The proposed improvements to be performed for this prolect
are based upon the Basis of Design report for Neighborhood No. 8 Bayshore prepared by CH2M Hill as amended,
final plans for Construction - Central Bayshore (Package A) Rightof-Way lnfrastructure lmprovements Date 2010, as
amended, and Design Criteria Package, Central Bayshore South dated March 2015.
The DCP for this prolect shall be available in digital format CDs. Please call Yusbel Gonzalez, CPPB at
305.673,7490, or e-mail yusbelqonzalez@miamibeachfl.oov to secure a CD. The cost for these CDs is $20. One
may purchase a CD through the Finance Cashier located on the 1st Floor in Cig Hall. Please make reference of the
RFP number (RFP 2015-133-YG) and project name (DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8:
CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE IMPROVEMENTS) to the Finance Cashier.
After purchase, CDs are to be collected by the Proposer at the Procurement Office located on the 3rd Floor in City
Hall with presentation of receipt from the Finance Cashier.
A Pre-Proposal Conference, as furtherdetailed in Section 0100-10 of the RFP is scheduled for AM/PM
on _, 2015 in the located at
Sealed proposals will be received by the City of Miami Beach Department of Procurement Management, 3rd Floor,
1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on 2015, for
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS (the Prolect).
Sincerely,
.t
-l--*-/:t* |rl
Alex Denis
Director, Procurement Management Department
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MIAMIBEACH
()1()(). GENERAL INSTRUCTIONS TO PROPOSERS:
1. General: This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, scope of work, technical approach, and price
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 Propose(s) who will be the DESIGN/BUILD FIRM that enters into
Contract with the City if this RFP results in an award. For purposes of this RFP, the terms .DESIGN/BUILD FIRM
(DBF)', "PROPOSER', "PRIME PROPOSER", "FIRM' are used interchangeably and shall refer to the firm that will
contract with the City for the performance of the design services and work for the project.
The City utilizes Public Purchase (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 Public Purchase must register immediately
with Public Purchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of Proposal submitted.
2. Purpose:
By means of this RFP, the City seeks to contract with a Design/Build Firm for Rightof-Way lnfrastructure
lmprovements to Neighborhood No. 8: Central Bayshore South. Proposals received pursuant to this RFP will be
evaluated in a two-phased process (Phase I and Phase ll). Phase I Proposers will be evaluated in accordance with
the criteria established in Section 0305 for Phase I Evaluation. Following City Commission selection of the short-
listed proposers pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to
prepare a detailed technical proposal for the Prolect. Following Phase I short-listing and prior to receipt of proposals
pursuant to Phase ll, the City may issue further information and clarifications via Addenda to the short-listed
proposers, including (but not limited to) any amendments to the Design Criteria Package, cost tender form, form of
contract, and other informational items or requirements necessary for the short-listed proposers to submit its Phase ll
proposals. Additionally, the City will conduct a pre-submittal conference with short-listed proposer to facilitate prolect
understanding and consider any project specific questions from the short-listed proposers. Phase ll proposals will be
evaluated in accordance with the criteria established in Section 0305 for Phase ll Evaluation. Following City
Commission approval of the City Managers recommendation pursuant to Phase ll, the City will enter into contract
negotiations and execution.
3. Scope of Work:
The Design/Build Firm (DBF) will be responsible for the design and construction associated with the work related to
earthwork, pavement reconstruction, sidewalk construction, water main improvements, and storm drainage
infrastructure installation. A Design Criteria package has been prepared which includes conceptual specifications and
plans for the civil discipline. The work to be performed under this contract shall consist of providing all tools,
equipment, material, supplies, and manufactured articles and furnishing all labor, transportation, and services,
including fuel, power, water and essential commutations, and performing all work, or other operations required for the
fulfillment of the contract in strict accordance with the contract documents. The work shall be complete, and all work,
materials, and series not expressly indicated, or called for in the contract documents, with may be necessary for the
completion and proper design and construction of the work, in good faith shall be provided by the DBF. The
proposed improvements to be performed for this prolect are based upon the Basis of Design report for Neighborhood
No. 8 Bayshore prepared by CH2M Hill as amended, final plans for Construction - Central Bayshore (Package A)
Right-of-Way lnfrastructure lmprovements Date 2010, as amended, and Design Criteria Package, Central Bayshore
South dated March 2015.
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The proposed improvements include but are not limited to the construction of the infrastructure site work for
Neighborhood No. 8- Central Bayshore South including, but not limited to, demolition, site preparation, earthwork,
storm drainage, stormwater pump station, stormwater outfall adjustments, road paving and restoration, concrete
sidewalks repairs and valley gutters, and water distribution.
The Design/Build Firm shall provide and pay for all labor, materials, tools, construction equipment, and other
ancillary facilities necessary for proper execution, testing, commissioning, and final restoration work required for the
functional and satisfactory delivery of the work. Any Work and services which may be reasonably assumed as
necessary to accomplish this objective, including but not limited to furnishing shafts, coffer cells, utility relocation,
bypass schemes, maintenance of traffic plans, and site shall be supplied by the Design-Builder.
Proposed Budget: The City of Miami Beach's Capital lmprovement budget for the proposed project is $10.5 Million.
4. Proiect Duration: The Design/Build Firm must complete the Work by the following durations, which exclude the
warranty administrative period.
o Design & Permitting Phase: 120 Days from the issuance of Notice to Proceed 1 (NTP1). Substantial Completion: 240 Calendar Days from the issuance of applicable permits.. Final Completion: 30 Calendar Days from date of attaining Substantial Completion.
lf the Design/Build Firm does not achieve Substantial Completion by the established Substantial Completion Contract
Date, Liquidated Damages (LDs) will be assessed in the amount of $3,500.00 per calendar day, which will be paid to
the City by the Design/Build Firm. lf the Design/Build Firm does not achieve Final Completion by the established
Final Completion Contract Date, LDs will be assessed in the amount of $1,400.00 percalendarday, which will be
paid to the City by the Design/Build Firm. LDs will be cumulative if both the Substantial Completion Contract Date
and the Final Completion Contract Date are exceeded. All assessments of LDs to the Design/Build Firm may be
adjustments to payments due to the Design/Build Firm.
5. Location of Work: The Central Bayshore Neighborhood 8 is located with the mid-Beach area. The project limits
(Central Bayshore - South) includes, but is not limited to the public rights-of-way (ROW) within all areas generally
bounded by W. 28th Street to the south, Prairie Avenue to the west, Sheridan Avenue to the east and W. 34th Street
to the north, as well as North Meridian Avenue between W. 28th Street and Dade Boulevard.
6. Desiqn Criteria Packaqe: The DCP for this prolect shall be available in digital format on CDs. Please call Yusbel
Gonzalez at 305.673.7490, or e-mail yusbelqonzalez@miamibeachfl.qov to secure a CD. The cost for these CDs is
$20. One may purchase a CD through the Finance Cashier located on the 1il Floor in City Hall. Please make
reference of the RFP number (RFP 2015-133-YG) and prolect name (DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY INFRASTRUCTURE
IMPROVEMENTS) to the Finance Cashier. After purchase, CDs are to be collected by the Proposer at the
Procurement Office located on the 3rd Floor in City Hall with presentation of receipt from the Finance Cashier.
5 | RFP 20rs-r33-YG
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MIAMIBEACH
7. Minimum Requirements: ln order for proposals to be deemed responsive, the Proposer must meet the minimum
requirements set forth herein. Non-responsive proposals will be disqualified from consideration.
1 . Design/Build Firm must be licensed as a General Contractor or Underground Utility Contractor in the State
of Florida.
Submittal Requirement: Submit a copy of the required license(s).
2, Design/Build Firm must have completed at least three (3) projects similar in scope and volume in the past
ten (10)years demonstrating the Design/Build Firm's experience in Right of Way (ROW)and infrastructure
improvements.
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion, owner's representative, and owner's representative contact information.
3. Design/Build Firm must have completed at least five (5) projects similar in scope and volume demonshating
the Design/Build Firm's design-build prolectexperience in the pastten (10)years. The required experience
of five (5) similar projects in scope and volume can be combined experience of the Design/Building Firm and
the team.
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion, owner's representative, and owner's representative contact information.
4. Design/Build Firm must have completed three (3) protects similar in scope and volume demonstrating the
Design/Build Firm's experience performing deep excavation/dewatering procedures in a coastal
environment in the past ten (10) years.
Submiftal Requirement: For each project, submit project name, brief description of project, date of
completion, owner's representative, and owner's representative contact information,
5. Lead Designer must have completed five (5) similar projects in the past ten (10) years.
Submittal Requirement: For each project, submit project name, brief description of project, date of
completion, owner's representative, and owner's representative contact information.
6. Design/Build Firm must submit documentation acceptable to the City that the Final Design team member is
pre-qualified under Miami-Dade County, lnternal Services Department, Procurement Management Services
Division, for the following categories:
,3.02 - Highway Systems - Highway Design
. 3.09 - Highway Systems - Signing, Pavement Marking, Channel
. 6.01 - W & S System - Water Distribution and Sanitary Sewage Collection
. 6.02 - W&S - Major Water & Sewer Pumping Facility
. 10.01 - Environmental Engineering - Stormwater Drainage Design
. 16.00 - General Civil Engineering
Submittal Requirement: Submit a copy of the required pre.qualifications.
7 . Proposer must have sufficient bonding capacity for a Payment and Performance Bond in an amount not less
than $10 million.
Submittal Requirement: Provide a letter from a Surety firm affirming that the Proposer has sufficient
bonding capacity to provide performance and payment bonds in an amount not less than $10 million
for the project. The Surety firm shall be rated by AM Best as to be no less than A- (Excellent) and
within a Financial Size Category of no less than Category V ($tO - $25 million). The statement of
bonding capacity shall be directly from the Surety firm on its official letterhead and signed by an
authorized agent of the firm.
6 | RFP 2Ors-r33-YG
481
The tentative schedule for this solicitation is as follows:
Phase I - Qualifications
RFP lssued r:1\l\t-l t_r t i:
Pre-Submittal Meeting rDJl,:1n Ll -- -t t'l -'Llll -l
Deadline for Receipt of Questions I-3DiPRrr d 2Cl 5 AT 5 0C Plvl
Responses Due
Selection Committee Meeting TBDI,IiY '.)r )ilt -l-:l T \Tr'i ='
Commission Approval to Shortlist ivrJJJ\\_ 1\) L ) )
Phase ll - Technical Proposals
Solicitation lssued to Sho(-Listed Proposers
Pre-Submittal Meeting IBE,-liI'. .-'- --'. ll trl.1
Deadline for Receipt of Questions iBDiULv i; 2u15 ^T 5 (]0 Fl',]
Proposals Due -l-:)1 I r ,/ '): )'1: 'T ) - _-' I
Selection Committee Meeting to lnterview sd_Q_!i.i-11_2!_11
Commission Approval of Final Proposer iBlsEPl=l,ttsaR 3 2015
MIAMIBEACH
8 Proposal Submission: One (1) unbound original proposal must be received on or before the date stipulated
herein for the receipt of proposals. Additionally, seven (7) bound copies as well as a CD or flash drive copy
of the complete proposal are to be submitted to the City. The original proposal and all copies must be submitted
to the Department of Procurement in a sealed envelope or container stating on the outside, the Proposer's name,
address, telephone number, RFP number, title, and due date. Any proposals received after time and date
specified will be returned to the Proposer unopened. The responsibility for submitting a proposal before the
stated time and date is solely and strictly the responsibility of the Proposer. The City is not responsible for
delays caused by mail, courier service, traffic, weather or any other occurrence.
9. Procurement Contact: Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-4188. The RFP titlelnumber 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 Solicitation Timeline. All responses to questions/clarifications will
be sent to all prospective Proposers in the form of an addendum.
Procurement Contact:
YusbelGonzalez
Telephone:
305-673-7000 Ext 6230
Email:
yusbel gonzalez@miami beachfl. gov
10. Pre-Proposal Conference: A VOLUNTARY Pre-Proposal Conference is scheduled for2015 in the
_ a.m./p.m. on
located at
Attendance (in person or via telephone) to this meeting is not mandatory but strongly encouraged. Proposers
interested in participating in the meeting via telephone must follow these steps:(1) Dialthe TELEPHONE NUMBER: 888-270-9936 (Toll-free North America)(2) Enter the MEETING NUMBER: 4142489# (note that the number is followed by the pound (#) key).
7 | RFP 20r5-r3s-YG
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11. PRE-PROPOSAL INTERPRETATIONS: Oral information or responses to questions received by prospective
Proposers are not binding on the City and will be without legal effect, including any information received at pre-
submittal meeting or site visit(s). Only questions answered by written addenda formally issued by the City will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any
prospective Proposer who has received this RFP by any means other than through 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.
12. CONE 0F SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonararded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
13. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http.//web. miamibeachfl .qov/procuremenUscroll.aspx?id=235 1 0
a
a
a
a
coNE 0F sr1ENCE.........., C|TY CODE SECTTON 2486
PROTEST PROCEDURES,.. CITY CODE SECTION 2-371
DEBARIVIENT PROCEEDINGS.. CITY CODE SECTIONS 2.397 THROUGH 2485,3
LOBBYIST REGISTMTION AND DISCLOSURE OF FEES..........,....... CITY CODE SECTIONS 2-481 THROUGH 2.406
CAMPAIGN CONTRIBUTIONS BY VENDORS..... CITY COOE SECTION 2487
CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENTtssuEs.........,,,. clTy coDE sECTtoN 2-488
REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS,......,. LIVING WAGE REQUIREMENT................. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE.CERTIFIED SERVICE.
DISABLED VETERAN BUSINESS ENTERPRISES.... FALSE CLAIMS ORD|NANCE,,................. ACCEPTANCE 0F GIFTS, FAVORS & SERVICES....,,
CITY CODE SECTION 2-373
CITY CODE SECTIONS 2407 THROUGH 2410
CITY CODE SECTION 2.374
clTY co0E sEcTroN 70-300
CITY CODE SECTION 2-449
Note: Ordinances may be amended any time prior to the receipt of bids. The most recently approved ordinance or version shall
apply.
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()O2OO. DEFINITIONS:
Please refer to Section 1, - "Certain Definitions and lncorporation of Contract Documents", in Appendix F.
OO3(}(). INSTRUCTIONS TO PROPOSERS:
1. Examination of Contract Documents and Site: lt is the responsibility of each Proposer before submitting a
proposal, to:
Examine the Contract Documents thoroughly,
Visit the site or structure to become familiar with conditions that may affect costs, progress,
performance or furnishing of the Work,
Take into account federal, state and local (City and Miami-Dade County) laws, regulations,
permits, and ordinances that may affect costs, progress, performance, furnishing of the Work,
or award,
1 .4. Study and carefully correlate Proposer's observations with the Contract Documents, and1.5. Carefully review the Contract Documents and notify Consultant of all conflicts, errors or
discrepancies in the Contract Documents of which Proposer knows or reasonably should have
known.
The submission of a proposal shall constitute an incontrovertible representation by Proposer that Proposer
has complied with the above requirements and that without exception, the proposal is premised upon
performing and furnishing the Work required by the Contract Documents and that the Contract Documents
are sufilcient in scope and detail to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
2. Pre-Proposal lnterpretations: Only questions answered by wriften Addenda will be binding and may
supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without
legal effect. All questions about the meaning or intent of the Contract Documents are to be directed to the
City's Procurement Director or designated representative in writing. lnterpretations or clarifications
considered necessary by the City in response to such questions will be issued by the City by means of
Addenda mailed or delivered to all parties recorded by the City's Procurement Director as having received
the Bidding Documents. Wriften questions should be received no less than ten (10) calendar days
prior to the date of the opening of Proposals. There shall be no obligation on the part of City or the
City's Procurement Director to respond to questions received less than ten (10) calendar days prior
to original proposal opening date stipulated in this solicitation.
3. Joint Ventures: Joint Ventures are not allowed. The City will contract with a Prime Contractor only. Each
proposal shall be submitted by the Prime Contractor only. However, proposals may include sub-contractors
or sub-consultants to the Prime Conhactor.
4. Printed Form of Prooosal: All proposals must be made upon the blank Proposal Tender Form included
herein and must give the price in strict accordance with the instructions thereon. The proposal must be
signed and acknowledged by the Proposer in accordance with the directions on the proposal form.
5. Acceptance or Reiection of Proposals: The City reserves the right to reject any or all proposals prior to
award. Reasonable effo(s will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposal opening date. A Proposer may not withdraw its proposal
unilaterally nor change the Conhact Price before the expiration of ninety (90) calendar days from the date of
proposalopening. A Proposer may withdraw its proposal afterthe expiration of one hundred twenty (120)
calendar days from the date of proposal opening by delivering written notice of withdrawal to the
Department of Procurement Management prior to award of the Contract by the City Commission.
1.1.
1.2.
1.3.
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Determination Of Award: Pursuant to F.S. 287.055, the City shall firsl
through the process outlined in Section 0305, -i-,1.-; ,,. ; ) :.-iil,.consider the qualifications of firms
.a:rLI l,l;::,c,ltl-,, r. The Evaluation
of proposals shall proceed in a two.phase process:
A. Phase I - Proposals will be evaluated in accordance with the criteria established in Section 0305 for
Phase I Evaluation. Following the Phase I Evaluation Process, the City Manager may recommend to
the City Commission no less than three respondents to be considered in Phase ll. The number of
respondents recommended to be short-listed for consideration in Phase ll is solely at the discretion of
the City Manager.
B. Phase ll - Short-listed Proposals will be evaluated in accordance with the criteria established in Section
0305 for Phase ll Evaluation.
The results of both Phase I and Phase ll evaluations will be considered by the City Manager who may
recommend to the City Commission the respondent(s) he deems to be in the best interest of the City, or may
recommend rejection of all responses. The City Manager's recommendation need not be consistent with the
scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including
the following considerations:
a) The ability, capacity and skill of the proposer to perform the contract.
b) Whether the proposer can perform the contract within the time specified, without delay or interference.
c) The character, integrity, reputation, judgment, experience and efficiency of the respondent.
d) The quality of performance of previous contracts.
e) The previous and existing compliance by the proposer with laws and ordinances relating to the contract.
The City Commission shall consider the City Manager's recommendation for each phase and may approve
such recommendation. The City Commission may also, at its option, reject the City Manager's
recommendation and select another proposer (or proposers) which it deems to be in the best interest of the
City, or it may also reject all responses.
Once the Phase ll ranking is approved by the City Commission, the City will enter into contract negotiations
with the top ranked firm. lf the City and selected firm cannot agree on contractual terms, the City will
terminate negotiations and begin negotiations with the next ranked firm, continuing this process with each
firm in rank order until agreeable terms can be met or the procurement is terminated. Contract negotiations
and execution will take place as quickly as possible after selection.
Evaluation. An interim performance evaluation of the successful Proposer may be submitted by the Contract
Administrator during construction of the Project. A final performance evaluation shall be submitted when the
Request for Final Payment to the construction contractor is forwarded for approval. ln either situation, the
completed evaluation(s) shall be forwarded to the City's Procurement Director who shall provide a copy to
the successful Proposer. Said evaluation(s) may be used by the City as a factor in considering the
responsibility of the successful Proposer for future proposals with the City.
Contract Price: The Contract Price is the Guaranteed Maximum Price agreed to by the Design/Build Firm
and the City under this Contract, payable to complete the Work in accordance with the DCP, and as may be
increased or decreased by Change Order. The Contract Price is to include the furnishing of all necessary
design, labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and
profit for the completion of the Work except as may be otherwise expressly provided in the Contract
Documents. The cost of any item(s) of Work not covered by a specific Contract unit price or lump sum price
shall be included in the Contract unit price or lump sum price to which the item(s) is most applicable.
7.
8.
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Postponement of Date for Presentinq and Openino Proposals: The City reserves the right to postpone the
date for receipt and opening of proposals and will make a reasonable effort to give at least five (5) calendar
days written notice of any such postponement to each prospective Proposer.
Qualifications of Proposers: Proposals shall be considered only from Proposers which submit their proposal
by the proposal's due date; Proposers who meet the "Minimum Requirements"; and Proposers that submit
all required documentation as requested under this solicitation.
ln determining a Propose/s responsibility and ability to pefform the Contract, City has the right to investigate
and request information concerning the financial condition, experience record, personnel, equipment,
facilities, principal business location and organization of the Proposer, the Proposer's record with
environmental regulations, and the claims/litigation history of the Proposer. The City reserves the right to
consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or similar) in determination of
capacity.
Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven (7)
calendar days prior to proposal opening. All addenda and other modifications made prior to the time and
date of proposal opening shall be issued as separate documents identified as changes to the RFP.
Prevailino Waoe Rates: [N/A] City of Miami Beach Ordinance No, 94-2960 provides that in all non-federally
funded construction contracts in excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the contract, shall not be less than the
prevailing rate of wages and fringe benefit payments or cash equivalence for similar skills or classifications
of work, as established by the Federal Register, in the City of Miami Beach, Florida. The provisions of this
Ordinance shall not apply to the following projects:a. water, except water treatment facilities and lift stations;b. sewer, except sewage treatment facilities and lift stations;c. storm drainage;d. road construction, except bridges or structures requiring pilings; ande. beautification projects, which may include resurfacing new curbs, gutters, pavers,
sidewalks, landscaping, new lighting, bus shelters, bus benches and signage.
Occupational Health and Safetv: ln compliance with Chapter 442, Florida Statutes, any toxic substance
listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be
accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the manufacturer. The
MSDS must include the following information:
13.1 The chemical name and the common name of the toxic substance.
13.2 The hazards or other risks in the use of the toxic substance, including:
13.2.1 The potential for fire, explosion, corrosion, and reaction;
13.2.2 The known acute and chronic health effects of risks from exposure, including the medical
conditions which are generally recognized as being aggravated by exposure to the toxic
substance; and
13.2.3 The primary routes of entry and symptoms of overexposure.
11.
12.
13.
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'13.3 The proper precautions, handling practices, necessary personal protective equipment, and other
safety precautions in the use of or exposure to the toxic substances, including appropriate
emergency treatment in case of overexposure.
13.4 The emergency procedure for spills, fire, disposal, and first aid.
13.5 A description in lay terms of the known specific potential health risks posed by the toxic substance
intended to aleft any person reading this information.
13.6 The year and month, if available, that the information was compiled and the name, address, and
emergency telephone number of the manufacturer responsible for preparing the information.
Environmental Requlations: The City reserves the right to consider a Propose/s history of citations and/or
violations of environmental regulations in investigating a Propose/s responsibility, and further reserves the
right to declare a Proposer not responsible if the history of violations warrant such determination in the
opinion of the City. Proposer shall submit with its Proposal, a complete history of all citations and/or
violations, notices and dispositions thereof. The non-submission of any such documentation shall be
deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify
the City immediately of notice of any citation or violation which Proposer may receive after the Proposal
opening date and during the time of performance of any contract awarded to it.
"0r Equal" Clause: Whenever a material, article or piece of equipment is identifled in the Contract
Documents including plans and specifications by reference to manufacturers' or vendors' names, trade
names, catalog numbers, or othenrvise, City, through Consultant, will have made its best efforts to name at
least three (3) such references. Any such reference is intended merely to establish a standard; and, unless
it is followed by the words "no substitution is permitted" because of form, fit, function and quality, any
material, article, or equipment of other manufacturers and vendors which will perform or serve the
requirements of the general design will be considered equally acceptable provided the materials, article or
equipment so proposed is, in the sole opinion of Consultant, equal in substance, quality and function.
ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT DIRECTOR.
Protested Solicitation Award: Proposers that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Code Section 2-371, which establishes procedures for
resulting protested proposals and proposed awards. Protest not timely pursuant to the requirements of the
City Code shall be baned.
Financial Stabilitv and Strenoth: The Proposer 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.
ln addition to other financial documents required to be submitted, the City may require, after receipt of
proposals, that Proposers shall submit financial statements for each of their last two complete fiscal years
within ten (10) calendar days, upon written request. Such statements should include, at a minimum, balance
sheets (statements of financial position) and statements of profit and loss (statement of net income). When
the proposal submittal is from a joint venture, each Proposer involved in the joint venture must submit
financial statements as indicated above.
The City reserves the right to consider third-party information (e.9., Dun & Bradstreet's Supplier Reports or
similar) in determination of capacity.
15.
16.
17.
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Any Proposer who, at the time of proposal submission, is involved in an ongoing bankruptcy as a debtor, or
in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over
all or a substantial porlion of the property of the Proposer under federal bankruptcy law or any state
insolvency, may be declared non-responsive.
Veteran Business Enterprises. Pursuant to City of Miami Beach Code Section 2-374,[he City shall give a
preference to a responsive and responsible Proposer which is a small business concern owned and
controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within
five percent (5%) of the lowest responsive, responsible Proposer, by providing such Proposer an opportunity
of providing said goods or contractual services for the lowest responsive Proposal amount. Whenever, as a
result of the foregoing preference, the adjusted prices of two (2) or more Proposers which are a small
business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise
constitute the lowest proposal pursuant to an RFP or oral or written request for quotation, and such
proposals are responsive, responsible and othenivise equal with respect to quality and service, then the
award shall be made to the service-disabled veteran business enterprise.
Equal Benefits Code Provision: Proposers are advised that this Proposal and any contract awarded
pursuant to this procurement process shall be subject to the applicable provisions of City Code Section 2-
373, entitled "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners (the "Code
Provision")." The Code Provision applies to all employees of a DESIGN/BUILD FlRMwho work within the
City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States,
but outside of the City of Miami Beach limits, who are directly performing work on the contract withln the City
of Miami Beach.
19.
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OO3O5 EVALUATION METHODOLOGY
The Evaluation Process will be conducted in two phases.
PHASE I EVALUATION PROCESS
1. Two Step Evaluation. The evaluation of responsive proposals in Phase 1 will proceed in a two-step process. The
first step (Step 1) will consist of the qualitative criteria listed below to be considered by the Evaluation Committee.
The second step (Step 2) will consist of quantitative criteria established below to be added to the first step scores by
the Procurement Department. The City reserves the right to engage the advice of its consultant, DCP or other
technical experts in assisting the Evaluation Committee in the review of proposals received.
The evaluation of responses will proceed in a two-step process, as set forth below. Step 1 will consist of the
qualitative criteria listed below to be considered by the Evaluation Committee. Step 2 will consist of the quantitative
criteria established below, to be added to the Evaluation Committee results by the Procurement Department
Management.
2. Phase I / Step 1 Evaluation (100 Points), 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. ln doing so, the Evaluation Committee may:o review and score all proposals received, with or without conducting interview sessions; oro review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposers will be evaluated on the following criteria (100 maximum possible points):. Project Team (30 Points). Design/Build Firm Experience & Qualifications (40 Points). Lead Designer Experience & Qualifications (30 Points)
3. Phase l/ Step 2 Evaluation (10 Points). Following the results of Step 1 Evaluation Qualitative criteria, the
proposers may receive additional points to be added by the Procurement Department to those points earned in Step
1, as follows.o Veterans and State-Certified Service-Disabled Veteran Business Enterprise (5 points). Prime Proposer Volume of Work (0-5 Points). Points awarded to the proposer for volume of work awarded
by the City in the last three (3) years in accordance with the followinq table:
Less than $250,000 5
$250,000.01 - $2,000,000 3
Greater than $2,000,000 0
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4. Determination of Phase I Ranking. Phase 1/Step 1 scores (by the Evaluation Committee) and Phase 1/Step 2
scores (by the Procurement Department) will be converted to rankings in accordance with the following example:
Committee
Member 1
Step 1
Points 82 76 80
Step 2
Points 10 7 5
Total 92 84 85
Rank 1 3 2
Committee
Member 2
Step 1
Points 90 85 72
Step 2
Points 10 7 5
Total 100 92 79
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 10 7 5
Total 90 8'1 72
Rank 1 2 3
The City Manager may submit a recommendation to the City Commission to short-list one or more proposers at the
conclusion of the Phase I evaluation. Following City Commission approval of the City Manage/s recommendation
pursuant to Phase I of the RFP, the short-listed proposers will be allotted approximately 45 days to prepare a detailed
technical proposal for the Prolect. Following Phase I short-listing and prior to receipt of proposals pursuant to Phase
ll, the City may issue further information and clarifications via Addenda to the short-listed proposers, including (but
not limited to) any amendments to the Design Criteria Package, cost tender form, form of contract, and other
informational items or requirements necessary for the short-listed proposers to submit its Phase ll proposals.
Additionally, the City will conduct a pre-submittal conference with short-listed proposer to facilitate project
understanding and consider any project specific questions from the short-listed proposers. Phase ll proposals will be
evaluated in accordance with the criteria established in Section 0305 for Phase ll Evaluation.
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PHASE II EVALUATION PROCESS
The Phase ll evaluation process shall be completed by a Technical Review Committee, appointed by the City
Manager, who may be different than the Evaluation Committee, who shall meet to evaluate each short-listed
response and technical package in accordance with the criteria established below. ln doing so, the Evaluation
Committee will:
a. lnterview short-listed proposers, if deemed necessary.
b. Receive input from a Technical Review by City Staff, the Design Criteria Professional, and other City
advisors
c. Recommend the Voluntary Alternate Proposals to accept, if any
d. Score proposers utilizing the Evaluation Criteria
Proposers will be evaluated on the following criteria (100 maximum possible points):. Technical Proposals (25 Points). Subcontractor Experience & Qualifications (5 Points). Approach & Methodology Plan (10 Points). P@ect Schedule (10 Points). Lowest Guaranteed Maximum Price (50 Points)
Each proposed Guaranteed Maximum Price (GMP) shall be scored as follows:
Final Ranking is presented to the City Manager for further due diligence and recommendation to the City
Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has
made his recommendation to the City Commission, which may be different than final ranking results.
Remainder of Page lntentionally Left Blank
Sample Obiective Formula for Cost
Vendor GMP
Example Maximum
Allowable Points
(Points noted are for illustrative
purposes only. Actual points
are noted above.)
Formula for Calculating Points
(lowest cost / cost of proposal being evaluated X
maximum allowable points = awarded points)
Round to
TotalPoints
Awarded
Vendor A $100.00 20 $100 , $100 X20 = 20 20
Vendor B $150.00 20 $100,$150X20=13 13
Vendor C $200.00 20 $100 / $200 X 20 = 10 10
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00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the following
documents, each fully completed, and signed as required. Proposal packages which do not include all
required documentation, or are not submitted in the required format, or do not have the appropriate signatures
on each document, may be deemed non-responsive. The City reserves the right to request any documentation
omitted, with exception of the Proposal Price form. Proposer must submit the documentation within three (3)
calendar days upon request from the City, or the proposal may be deemed non-responsive. Non-responsive
proposal packages will receive no further consideration.
Proposers may not dictate the circumstances under which the documents are deemed to be confidential. Only
the State Legislature may determine which public records are subject to disclosure and which are not.
Moreover, a private party cannot render public records exempt from disclosure merely by designating as
confidential the material it fumishes to the City. The desire of the private party to maintain privacy of certain
materials filed with the City is of no consequence unless such materials fall within a legislative created
exemption to Chapter 119, Florida Statutes.
2. CONTENTS AND FORMAT 0F PROPOSAL, To facilitate review of proposals, Proposers are requested to
submit proposals in the format stipulated in this section, including clearly identifying each proposal section
(tab).
PHASE I RESPONSE FORMAT
ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of
responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner
specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page
references. Proposers should prepare their submittal on 8.5 x 11 paper. Please feel free to include other materials,
such as covers, appendices, brochures, etc. at your discretion. The recommended number of pages the City desires
for each submittal item is indicated below. These are recommendations only and actual pages may exceed the
recommendation.
The City reserves the right to require additional information to determine financial capability. Proposer shall have ten
calendar to such a
ilEfI Executive Summarv
1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be signed by
same.
2. Proposal Overview. Provide a brief summary describing your firm's, experience and qualifications, staff that will
be assigned to this project, and any other relevant information. (recommend 2-3 pages)
3. Minimum Requirements: Submit verifiable information documenting compliance with the Minimum
Requirements in Section 0100, Paragraph 6.
Proiect Team
Prime Proposer shall submit a design-build team organizational structure that has a sufficient number of professionals
and other personnel to perform the work, including:
1. Organizational Chart. An organizationalchart depicting the structure and lines of authority and communication.
A narrative that describes the intended structure regarding prolect management, accountability and compliance
with the terms of the RFP.
2. Key Personnel. ldentify all key personnel, including the Project Manager, who will be assigned to the Project
and their intended functions and responsibilities. Also indicate the percentaoe of time commitment of each kev
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person on this Prolect.
3. Resumes. Resumes of the team's key personnel who will be assigned to the Prolect that demonstrate their
experience and qualifications, education and performance record.At a minimum, the Prime Proposer shall
include the above listed information for the following proposed prolect team members:
a. Design/Build Pro.lect Manager
b. Lead Designer Design Manager
c. Construction Superintendent
4. Evidence 0f Prior Working Experience. Submit evidence that the proposed team has successfully
collaborated on prior projects. For each prolect, submit prolect name, brief description of project, date of
completion, owner's representative, and owne/s representative contact information.
5. Other. Provide any other information the Proposer believes will help the City understand and evaluate the
team's capabilities.
Firm (Prime Proposer) Experience & Qualifications
Qualifications of Firm. Describe experience and qualifications of the Prime Respondent in providing the services
detailed herein.
1. Company lnformation: Provide background information, including company history, years in business, number
of employees, and any other information communicating capabilities and experience. (recommend 1 page)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and
qualifications with the services detailed herein. Provide a table that includes the following information: agency
name, project name, type of prolect (rightof-way, design/build, etc.), percentage completed, anticipated
completion date, your firm's role (i.e. design/build, lead designer, lead constructor). (recommended 1 page)
3. Relevant Experience: Summarize the company's most similar projects of comparable size and scope where
similar services to those described in this RFP have been provided. Projects must illustrate familiarity with all of
the following aspects: underground utility construction, pipe tapping, storm water collection and disposal, and
site concrete work. All projects must demonstrate experience with existing traveled roads where traffic must
have been maintained. Projects must have a minimum of $1,000,000 each. For each project include.
a. Prolect name and location
b. Prolect descriptionc. Date of prolect completion
d. Awarded contract amount and final contract amount
e. Explanation of differences between awarded and final contract amounts, if difference exceeded 5%f. lf right-otway improvement, please indicate if it included utility installations, pavement restoration, and
streetscaping.g lndicate firm's role in the project (design/builder, lead designer, or lead constructor).
h. lf applicable, a brief description of how the Prime Proposer maintained operations while under
construction.i. The names of the key prolect managers, highlighting any individuals who also worked on this prolect.j. Reference contact information (including name, address, telephone number and e-mail address).
4. Safety Record: Provide the firm's Experience Modification Rate (EMR) data for the previous three (3) full
calendar years (2011,2012, and 2013) on a firm-wide basis, which shall be documented by a signed letter with
contact information from the firm's insurance carrier, or the insurance carrier's agency representative.
5. Dun & Bradstreet Supplier Qualifier Report: Design/Build Firm shall pay D&B to send the Supplier Qualifier
Report (SQR) to the City through electronic means yusbelgonzalez@miamibeachfl.gov. The cost of the
ion of the D&B report shall be the of the Proooser. The oroooser can the
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from D&B at:
https://supplieroortal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=1 1696
6. lnsurance: Provide a letter from Proposer's insurer on the insurer company letterhead that the insurer can
provide levels of coverage to the Proposer as indicated in Appendix E - lnsurance Requirements.
7. MinorityMomen-owned Business Enterprise (MWBE) or Small/Disadvantaged Business Enterprise
(S/DBE). Submit certification from either The State of Florida Office of Supplier Diversity or Miami Dade County.
Lead Experience & Qualifications
Qualifications of Firm. Describe experience and qualifications in providing in providing the services detailed herein.
1. Company lnformation: Provide background information, including company history, years in business, number
of employees, and any other information communicating capabilities and experience. (recommend 1 page)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience in
providing the services detailed herein. Provide a table to include the following information: agency name, project
name, type of project, percentage completed, anticipated completion date, your firm's role (i.e. lead designer)
(recommend 1 one page).
3. Florida Registration: Provide evidence of professional regiskation pursuant to Chapter 287.055, Florida
Statues, the Consultants Competitive Negotiations Act (CCNA).
4. Relevant Experience: Summarize the company's most similar projects in providing the services detailed herein.
Projects must illustrate familiarity with neighborhood / right-of-way related construction. For each prolect include:
a. Prolect name and location
b. Project descriptionc. Date of prolect completion
d. Awarded contract amount and linal contract amount
e. Explanation of differences between awarded and final contract amounts, if difference exceeded 5%f. Years prolect designed (or "Under Design")g. The names of the key prolect architects, highlighting any individuals who will also work on this prolect
h. Reference contact information (including address, telephone number and e-mail address).
Forms
Provide Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and
executed. The Certification, Questionnaire & Requirements Affidavit (Appendix A) must be signed by the Prime
Proposer.
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PHASE II RESPONSE FORMAT (TECHNICAL PROPOSAL)
ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of
responses, it is recommended that responses be organized and tabbed in accordance with the sections and manner
specified below. Hard copy submittals should be bound and tabbed as enumerated below and contain a table of
contents with page references. Electronic copies should also be tabbed and contain a table of contents with page
references. Proposers should prepare narratives, specification etc. on 8.5 x 11 paper. All Plans shall be provided
bound flat not in a 3-ring binder with 1 1"x17" paper containing a title block, drawing titles, dated and numbered. Please
feel free to include other materials, such as covers, appendices, brochures, etc. at your discretion.
Due Dilioence and Site lnsoections: lt is the responsibility of each Proposer, before submitting the Phase ll proposal,
to:o Visit the site or structure to become familiar with conditions that may affect costs, progress, performance or
furnishing of the Work;o Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and
ordinances that may affect costs, progress, performance, furnishing of the Work, or award;. Study and carefully correlate Proposer's observations with the RFP; and
The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer has
complied with the above requirements and understands all terms and conditions for performance and furnishing of the
Work.
The City reserves the right to require additional information to determine financial capability. Proposer shall have ten
(10) calendar days respond to such a request.
Technical
The Technical Proposal shall document team's understanding of the project, major design elements, materials and
methods. The Technical Proposal shall be developed using narratives, tables, charts, plots, drawings and conceptual
sketches as appropriate. The technical proposal shall be insufficient detail to allow the City to evaluate its compliance
with the design criteria package, including major systems and requirements.
Subcontractor & Qualifications
Qualifications of Key Subcontractors. For each key construction subcontractor (whose value of work exceeds
$500,000) describe experience and qualifications as detailed below.
1. Company lnformation: Provide background information, including company history, years in business, number
of employees, and any other information communicating capabilities and experience. (recommend 1-2 pages)
2. Company's List of Similar Experience and Qualifications: Provide a list of the company's experience and
qualifications with the Services detailed herein. Provide a table that includes the following information: agency
name, prolect name, type of prolect right-of-way, design/build, etc.), work assigned. (recommended 1 page)
3. Relevant Experience: Summarize five (5) of the company's most similar projects of comparable size and scope
where similar construction services have been provided. Please list similar sanitary sewer force main projects
first followed by other relevant pqect experience. Projects must illustrate familiarity with: traffic control,
maintenance of access for pedestrians to businesses or residences, underground utility construction, erosion
control and storm water pollution prevention measures, drainage collection and/or disposal system, irrigation
systems, and landscape planting (recommend 1 page per prolect) For each prolect include:
a. Prolect name and location
b. Prolect description
c. Date of prolect completion
d. Reference contact information
20 | RFP 20rs-r33-YG
495
MIAMIBEACH
Plan
Proposer shall, at a minimum, address the following factors:
1. The Proposer shall illustrate complete understanding of the scope of work for all components of the project. The
narrative shall address methodology, sequencing, maintenance of traffic (MOT) and phasing of the various work
efforts.
2. The Proposer shall describe the efforts involved in coordinating with all utilities including but not limited to Florida
Power and Light (FPL), AT&T and Atlantic Broadband (ABB).
3. Proposer shall clearly detail and present its approach to all required permitting issues, including but not limited
to, water distribution system, stormwater drainage system, street lighting system, landscaping etc., relative to the
applicable agency(ies) and entity(ies), e.g. City of Miami Beach, SFWMD, FDOT, FDEP, USACOE, Miami-Dade
County RER, Fl. Dept. of Health, etc.
4. Proposer shall describe their Quality Assurance / Quality Control Plan ("Q//QC Plan") for the Work, including
design, construction, coordination, implementation and completion of the Project. The Proposer shall explain its
QIVQC Plan and the plan for any of its subconsultants or Subcontractors, namely the policies and procedures
that will be used to assure the complete and the accurate management of the Project.
5. Proposer must perform at least sixty percent (60%) of the construction work with the firm's own forces.
6. Proposer shall provide summary narrative inclusive of the propose/s project understanding, scheduling including
key performance and success factors, and the proposed design and construction approach which highlights the
main attributes and benefits of this approach.
7. Proposer shall describe the technical approach, and provide calculations and drawings as applicable, to
sufficiently demonstrate the following:
a. Typical plan and profile of neighborhood streets, roadway cross sections.
b. Anticipated utility or structure relocations, if required.c. Planned supplementary geotechnical investigations, or environmental/ contamination surveys/assessments
by the proposer to support or validate the proposer's design approach, if any.
8. Proposer shall describe the prolect schedule approach utilizing the Critical Path Method
a. Schedule shall utilize calendar days,
b. Weekend and City Holidays shall not be considered work days
9. Proposer shall describe the planned environmental quality management approach by demonstrating the
following:
a. Approach to minimize community impacts from, construction noise, dust and vibration.
b. Correcting any resultant settlement and / or damage to any existing structures that are a consequence of
the Proposer's construction activities.c. Prevention or containment of any discharges from the existing force main during taping, or any other work
performed in, on, or around the existing force main.
d. Pre-treatment of construction water prior to disposal to ensure compliance with permit requirements.
9.1). ,lt is the objective of the City that, at a minimum, 60% of the construction portion of the project defined herein
shall be performed directly by the Prime Contractor (rather than through sub-contractors). To evaluate
compliance with this objective, proposers shall submit a schedule, by Construction Specification lnstitute (CSl)
Division, denoting which sections of the scope shall be performed directly by the Prime Contractor (with its own
forces) and which sections are intended to be subcontracted.
2l I RFP 20r5-r33-YG
496
MIAMIBEACH
1 ' '1 . Describe plan on how construction staging areas, pedestrian paths, vehicular traffic patterns, etc. will be
handled in order to mitigate disruption,
Schedule
The Proposer shall submit a Preliminary CPM Prolect Schedule covering the period from NTP to Final Completion
with the submittal which will be the initial Prolect Baseline Schedule. The Preliminary Project Schedule shall include
all major design, permitting, procurement and construction, testing and commissioning activities and meet the stated
Conhact Dates and any other suggested major milestones. Activities shall indicate their associated phasing and
dependence with other activities, and highlight the main, coordination efforts and issues requiring the City's
involvement and necessary reviews.
At a minimum, the Preliminary Project Schedule must address the following milestones and activities:
Design Schedule & Submittals
Design Phase Reviews by the City - Assume 4 weeks
Community lnvolvement
Permitting
Utility Coordination/Relocation
Start and completion of Construction, Testing and Commissioning
Substantial Completion and Final Completion Dates for all Work.
Guaranteed Maximum Price
Submit a Guaranteed Maximum Price (GMP) for delivering the completed Prolect consistent with the Design Criteria
Package. Utilize Appendix D - Cost Tender Form to submit your GMP.
22 | RFP 20rs-r33-YG
497
MIAMIBEACH
OO4O5. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Each license, permit or fee a Contractor will have to pay the City before or during construction or the percentage
method or unit method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE T0 THE CITY by
virtue of this construction as part of the Contract is as follows:
The City of Miami Beach will require occupational licenses for Contractors as well as sub-contractors.
Licenses, permits and fees which may be required by Miami-Dade County, the State of Florida, or other
governmental entities are not included in the above list, but are listed as attached (next page) and included
as an allowance in the proposal.
1. Occupational licenses from City of Miami Beach firms will be required to be submitted within fifteen (15)days of
notification of intent to award.
2. Occupational licenses will be required pursuant to Chapter 205.065 Florida Statutes.
NOTE: a) lf the Contractor is a State of Florida Certified Contractor the followinq will be required:
1) Copy of State Contractors Certification2) Place of Business Occupational License3) Liability and Property Damage lnsurance Certificate made to City of Miami Beach4) Workers compensation or the exemption
b) lf a Dade Countv Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed2l MunicipalContractorsOccupationalLicense3) Liability and Property damage lnsurance Certificate made to City of Miami Beach4l Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND CORPORATE CERTIFICATES WITH
YOUR PROPOSAL RESPONSE
Remainder of Page lntentionally Left Blank
23 | RFP 2015-133-YG
498
MIAMIBEACH
CITY OF MIAMI BEACH
REQUEST F0R PROPOSALS (RFP) No. 2015.133.YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8:CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
Note: The Proposer shall obtain and pay for all permits required for execution of the work; provided
however, that the City will waive Public Works Department Right.of.Way permit fees.
PERMITS
L MTAMT-DADE CoUNTY DEPARTMENT OF REGULATORY AND ECONoMTC RESoURCES (RER)
(formerly DERM).. Class ll Surface Water Permit. Class V Dewatering Permito Drainage Well Permit. File Notice of commencement with SFWMD and RER
il. FLORTDA DEPARTMENT OF ENVTR0NMENTAL PROTECTION (FDEP)o Notice of lntent to Use Generic Permit for Storm Water Discharge from Large and Small
Construction Activitleso National Pollutant Discharge Elimination System (NPDES) permit
III. MIAMI.DADETRAFFICENGINEERINGDEPARTMENT
IV. MIAMI.DADE WATER AND SEWER DEPARTMENT (WASD)
v. FLORTDA POWER AND L|GHT (FPL)
VI. CITY OF MIAMI BEACH PUBLIC WORKS DEPARTMENTo ROW Permit - Fee to be waived.o Building Department - Plumbing, Structural, Electrical - Fees to be waived with the exception of
Dade County feeso Notice of Commencement Permit
v[. souTH FLoR|DA WATER MANAGEMENT D|STR|CT (SFWMD)
Remainder of Page lntentionally Left Blank
24 | RFP 20rs-r33-YG
499
APPENDIX A
MIAAAIBEACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
REQUEST FOR PROPOSALS (RFP)
No.20l 5-]33-YG
DESIGN IBUI LD SERVICES FOR
NEIGHBORHOOD NO. B: CENTRAL
BAYSHORE SOUTH RIGHT.OF-WAY
IN FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
l70O Convention Center Drive
Miomi Beoch, Florido 33139
zr I nre 20rs-r33-YG
500
Solicitation No:
2015-133-YG
Solicitation Title:
REQUEST FOR PROPOSALS (RFP) No. 2015-133-YG DESIGN/BUILD
SERVICES FOR NEIGHBORHOOD NO. 8: CENTRAL BAYSHORE SOUTH
RIGHT-OF-WAY INFRASTRUCTURE I MPROVEMENTS
Pr0curement u0ntact:
YusbelGonzalez
Tel:
305-673-7000 Ext. 6230
Email:
vusbeloonzaleztOmiamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of
certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of
responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal
Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General Proooser lnformation.General Proposer lnformation.
FIRM NAME:No of Employees:
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS)
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO,:
FIRM LOCAL ADDRESS:
CITY:
UIAIE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT
ACCOUNT REP TELEPHONE NO,:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
26 | RFP 20rs-r33-YG
501
2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
f---l vrs [--_l t'to
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or
immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach.
Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest
of ten (10%) percent or more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers
must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the Proposer entity or any of its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has
completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2)
Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services
Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non-performance by any public sector agency?l--l vrs f-l No
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons
that led to action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a
minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU.
Living Wage. Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time,
Proposers shall be required to pay all employees who provide seruices pursuant to this Agreement, the hourly living
wage rates listed below:
3.
4
5.
6.
7.
27 | RFP 201s-r33-YG
502
8.
. Commencing with City fiscal year 2012-13 (October 1 , 2012), the hourly living rate will be $1 1 .28lhr
with health benefits, and $12.92/hr without beneflts.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for
inflation using the Consumer Price lndex for all Urban Consumers (CP|-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 particular year, if it
determines it would not be fiscally sound to implement same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this proposal, under which the
City may, at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to
additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. Further information on
the Living Wage requirement is available at www.miamibeachfl.gov/procuremenU.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees to the living wage requirement.
Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding
competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more fulltime employees
on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-
3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to
competitive proposals, to provide "Equal Benefits" to their employees with domestic partners, as they provide to
employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the
City of Miami Beach, Florida; and the Contracto/s employees located in the United States, but outside of the City of
Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of
employees?
[-_l vrs [-l r.ro
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 [---l uo
Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not
already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner,
such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical
insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical
Leave
Bereavement
Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no
insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable
Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed
Reasonable Measures Application (attached) with all necessary documentation. Your Reasonable Measures
Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the
City Manager's decision is final. Further information on the Equal Benefits requirement is available at
www. miam ibeachfl . gov/procu remenU.
28 | RFP 20t5-133-YG
503
o Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as curently enacted or as amended from time to time,
states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a proposal, Proposal, or reply on a contract to provide any goods or services to a public
entity; may not submit a proposal, Proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work; may not submit proposals, Proposals, or replies on leases of real property to a public
entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity; and may not transact business with any public entity in excess of the threshold amount provided
in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
10. Have you ever failed to complete any work
l__l vrs
work that the proposer failed to complete?
l__l ves
awardedE to you? lf so, where and why?
NO
SUBMITTAL REQUIREMENT: lf yes, submit information on project, agency, agency contact and reason why
contractor failed to complete work.
11. Has a surety company ever intervened to assist a govemmental agency or other client of the proposer in completing
[-_--.l r,ro
12.
13.
SUBMITTAL REQUIREMENT: lf yes, submit owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have performed work, where your surety has intervened to assist in completion of
the project, whether or not a claim was made.
Bankruptcy. Has the Proposer filed any bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. lnclude in
the description the disposition of each such petition.
l-_-l vrs [__l t'to
SUBMITTAL REQUIREMENT: lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)
years. lnclude in the description the disposition of each such petition.
Litigation History. Has Proposer or any principal or employee of the Proposer (relating to professional endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor organization(s) during the last five (5) years.
[---'J vrs ' 'f-l
r,ro
SUBMITTAL REQUIREMENT: lf yes, list all case names; case, arbitration or hearing identification numbens; the name
of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of
the claim.
Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole
Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal
Government or any State or Local Government or subdivision or agency thereof?
l__l vrs [--l r'ro
SUBMITTAL REQUIREMENT: lf yes, list the specific cases and the charging agency.
14
2? | RFP 20ls-133-YG
504
15.
16
Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of 10o/o or more in a firm. fhe term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural person.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive
to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifies that the Proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in Proposal disqualifi cation.
lnitial to
Confirm
Receiot
lnitial to
Conflrm
Receiot
lnitialto
Confirm
Receiot
Addendum 1 Addendum 6 Addendum
11
Addendum 2 Addendum 7 Addendum
12
Addendum 3 Addendum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
Addendum 5 Addendum
10
Addendum
15
lf additional confirmation of addendum is required, submit under separate cover.
Remainder of Page lntentionally Left Blank.
ro I nre 2ots-r33-YG
505
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses, The solicitation is being provided by the City without any wananty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitatlon who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be 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 conshued in accordance with the laws of the State of Florida.
3r I RFP 20ts-t33-YG
506
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 Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of FLORIDA )
)
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:
of
re I nre 20rs-t33-YG
507
APPENDIX B
4 MIAMIBEACH
"No Bid" Form
REQUEST FOR PROPOSALS (RFP)
No.20l 5-]33-YG
DESIGN IBUI LD SERVICES FOR
NEIGHBORHOOD NO. B: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
I N FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
l70O Convention Center Drive
Miomi Beoch, Florido 33139
ss I nre 20rs-r33-YG
508
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR |NDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this product/service
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT MANAGEMENT
PROPOSAL #2015.133.YG
1700 Convention Genter Drive
MIAMI BEACH, FL 33139
34 | RFP 2Ors-r3s-YG
509
35 | RFP 20r5-r33-YG
510
APPENDIX C
@ MIAMIBEACH
Cost Tender Form
(SAMPLE ONLY)
Acluol Cosl Tender Form sholl be provided lo shorl-lisled firms
ol lhe conclusion of Phose I Evoluolion.
REQUEST FOR PROPOSALS (RFP)
No.20l 5-,l33-YG
DESIGN lBUI LD SERVICES FOR
NEIGHBORHOOD NO. B: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
I N FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
aa I nne 2ors-r33-YG
511
APPENDIX D _ COST TENDER FORM
Section 1 - Certification. The undersigned, as Proposer, hereby declares that the only
persons interested in this proposal as principal are named herein and that no person other than
herein mentioned has any interest in this proposal or in the Contract to be entered into; that this
proposal is made without connection with any other person, firm, or parties making a proposal;
and that it is, in all respects, made fairly and in good faith without collusion orfraud.
The Proposer further declares that it has examined the site of the Work and informed itself fully
of all conditions pertaining to the place where the Work is to be done; that it has examined the
Contract Documents and all addenda thereto furnished before the opening of the proposals, as
acknowledged below; and that it has satisfied itself about the Work to be performed; and all
other required information with the proposal; and that this proposal is submitted voluntarily and
willingly.
The Proposer agrees, if this proposal is accepted, to contract with the City, a political
subdivision of the State of Florida, pursuant to the terms and conditions of the Contract
Documents and to furnish all necessary materials, equipment, machinery, tools, apparatus,
means of transportation, and all labor necessary to construct and complete within the time limits
specified the Work covered by the Contract Documents for the Project entitled:
REQUEST FOR PROPOSALS (RFP) No. 2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD N0.8: CENTRAL BAYSHORE SOUTH RIGHT-OF-WAY
INFRASTRUCTURE IMPROVEMENTS
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or
alternative form of security, if permitted by the City, each for not less than the total proposal
price plus alternates, if any, provided in the RFP Price Form in Section 00408 and to furnish the
req uired Certificate(s) of lnsurance.
ln the event of arithmetical errors between the division totals and the total base proposal in the
RFP Price Form, the Proposer agrees that the total base proposal shall govern. ln the event of
a discrepancy between the numerical total base proposal and the written total base proposal,
the written total base proposal shall govern. ln absence of totals submitted for any division cost,
the City shall interpret as no proposal for the division, which may disqualify the Proposer.
Name of Propose/s Authorized Representative:Title of Proposeis Authorized Representative:
Signafure of Proposeis Authorized Representative:uarc:
State of FLORIDA 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 Florida
My Commission Expires:
512
Section 2 - GUARANTEED MAXIMUM PRICE (GMP) FORM -;.X]fl!E
REQUEST FOR PROPOSALS (RFP)
No.2015-133-YG
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8: CENTRAL BAYSHORE SOUTH
RIGHT.OF.WAY I N FRASTRUCTURE ! M PROVEMENTSFURTH ER BREAKDOWN OF LIN E
ITEMS INDICATED MAY BE PROVTDED AT THE DISCRETION OF THE PROPOSER
1 Professional Services
2 General Gonditions
3 Pavement and Streetscape Construction
4 Water and Sewer Construction
5 Stormwater Gollection and Disposal Facility Construction
6 Allowance: Permit Fees $50,000.00
7 Consideration for lndemnification of City $25.00
8 Cost for compliance to all Federal and State requirements
of the Trench Safetv Act $25.00
Grand Total
(numerical value)
ANY LETTERS, ATTACHMENTS, OR
PART OF THE PROPOSAL MUST BE
WRITTEN TOTAL:
ADDITIONAL INFORMATION TO BE CONSIDERED
SUBMITTED IN DUPLICATE.
PROPOSER (Print):
ADDRESS:
CITY/STATE:ZIP:,
FEDERAL I.D. #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(l certify that I am authorized to execute this proposal and commit the
RFP 2015-133-YG
513
APPENDIX D
g MIAMIBEACH
I nsuro nce Requirements
REQUEST FOR PROPOSALS (RFP)
No.20l 5-.l33-YG
DESIGN IBUILD SERVICES FOR
NEIGHBORHOOD NO. B: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
IN FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
ce I nre 20rs-r33-YG
514
MIAMIBEACH
INSURANCE REQUIREM ENTS
This document sets forth the minimum levels of insurance that the contractor is required
to maintain throughout the term of the contract and any renewal periods.
The contractor shallfurnish to Department of Procurement, City of Miami Beach, 1700 Convention Center
Drive,3'd Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by
Florida Statute 440.
B. Commercial General Liability on a comprehensive basis, including Contractual Liability,
Products/Completed Operations, in an amount not less than $1,000,000 combined single
limit per occurrence for bodily injury and property damage. City of Miami Beach must be
shown as an additional insured with respect to this coverage.
C. Automobile Liability lnsurance covering all owned, non-owned and hired vehicles used
in connection with the work, in an amount not less than $1,000,000 combined single limit
per occurrence for bodily injury and property damage.
D. Professional (Design Errors & Omissions) Liability lnsurance in an amount not less
than $1,000,000 with the deductible per claim, if any, not to exceed 10o/o ol the limit of
liability. The policy must be endorsed to provide coverage for up to three (3) years after
project completion. The policy is to be on a primary basis if other professional liability is
carried.
E. lnstallation Floater lnsurance including coverage for material & equipment to be
installed during the course of this project. City of Miami Beach shall be included as a
Named lnsured on this policy, as its insurable interest may appear. This policy shall
remain in force until acceptance of the prolect by the City.
All deductibles for insurance required in this Agreement are the responsibility of the Contractor.
The coverage required above shall include a Waiver of Subrogation in favor of the City of Miami
Beach.
The insurance coverage required shall include those classifications, as listed in standard liability insurance
manuals, which most nearly reflect the operations of the vendor.
All insurance policies required above shall be issued by companies authorized to do business under the
laws of the State of Florida, with the following qualifications:
The company must be rated no less than "B+" as to management, and no less than "Class
Vll" 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.
4A I RFP 20rs-r33-YG
515
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
17()() CONVENTION CENTER DRIVE
3d FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
this section or under any other section of this agreement.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to
the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
41 | RFP 2Or5-r33-YG
516
APPENDIX E
MIAMIBTACH
Required Forms
REQUEST FOR PROPOSALS (RFP)
No.20l 5-,l33-YG
DESIGN IBUILD SERVICES FOR
NEIGHBORHOOD NO. B: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
I N FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
+z I nre 20rs-r33-YG
517
FORM OO52O SUPPLEMENT TO PROPOSAL TENDER FORM NON-COLLUSION
CERTIFICATE
Submitted this _ day of 20
The undersigned, as Proposer, declares that the only persons interested in this proposal
are named herein; that no other person has any interest in this proposal or in the
Contract to which this proposal pertains; that this proposal is made without connection or
arrangement with any other person; and that this proposal is in every respect fair and
made in good faith, without collusion or fraud.
The Proposer agrees if this proposal is accepted, to execute an appropriate City of
Miami Beach document for the purpose of establishing a formal contractual relationship
between the Proposer and the City of Miami Beach, Florida, for the performance of all
requirements to which the proposal pertains.
The Proposer states that this proposal is based upon the documents identified by the
following number: RFP 201 5-133-YG.
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATTON)
4e I nre 20l5-133-YG
518
FORM OO53O. DRUG FREE WORKPLACE CERTIFICATION
The undersigned Proposer hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlaMul manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:(i) The dangers of drug abuse in the workplace;(ii) The Proposer's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:(i) Abide by the terms of the statement; and(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or othenrvise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:(i) Taking appropriate personnel action against such employee, up to and
including termination; or(ii) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a federal,
state, or local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a drug-free workplace program through
implementation of subparagraphs(1 ) through (6).
SIGNATURE
PRINTED NAME
T|TLE (rF CORPORATTON)
aa I nre 2ors-r33-YG
519
FORM OO54O. SUPPLEMENT TO PROPOSAL TENDER FORM TRENCH SAFETY
ACT
On October 1, 1990 House Bill 3181 , known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised
excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Proposer, by virtue of the signature below, affirms that the Proposer is aware of this
Act, and will comply with all applicable trench safety standards. Such assurance shall be
legally binding on all persons employed by the Proposer and subcontractors.
The Proposer is also obligated to identify the anticipated method and cost of compliance
with the applicable trench safety standards.
PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE
PROPOSAL AND IN THE TOTAL PROPOSAL PRICE ARE COSTS FOR COMPLYING
WITH THE FLORIDA TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF
THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID
SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH PROPOSAL ITEMS IN
THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK.
The Proposer further identified the costs and methods summarized below:
SIGNATURE
PRINTED NAME
TITLE (rF CORPORATION)
Description Quantity U/M Unit Price Extended
Price
Total
(Attach lines as necessary.)
45 | RFP 20rs-133-YG
520
APPEN DIX F
MIAMIBEACH
Somple Controct
REQUEST FOR PROPOSALS (RFP)
No.20l 5-,l33-YG
DESIGN IBUI LD SERVICES FOR
NEIGHBORHOOD NO. 8: CENTRAL
BAYSHORE SOUTH RIGHT-OF-WAY
I N FRASTRUCTU RE IMPROVEMENTS
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
aa I nre 20rs-r33-YG
521
DESIGN/BUILD AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
FOR
DESIGN/BUILD SERVICES FOR NEIGHBORHOOD NO.8: CENTRAL BAYSHORE SOUTH
RIGHT.OF.WAY IN FRASTRUCTURE ! M PROVEM ENTS
Resolution No.
SAMPLE GONTRACT WILL BE PROVIDED
PRIOR TO PHASE II EVALUATION
522
THIS PAGE INTENTIONALLY LEFT BLANK
523
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Authorizing The Mayor And
City Clerk To Execute Amendment No. 5 To The Professional Architectural And Engineering (fuE) Services
Agreement With The Joint Venture Of Zaha Hadid Limited f lA Zaha Hadid Architects And Berenblum Busch
Architecture, lnc. Dated May 3, 2012, For The Collins Park Parking Garage Project (Collins Park Place), For The
Additional Professional Services Required To Redesign The Ground Floor Of The Building To Base Flood Elevation
(BFE) With Provisions To Have All Critical Systems Elevated Up To 20 Feet Or As High As Reasonably Possible,
And Building Slabs Designed To Accommodate A Future lncrease ln Ground Floor Elevation; And For The
Provision Of A Contamination Assessment Plan (CAP), Site Assessment (SA) And Site Assessment Report (SAR)
ForThe Project Site To Address The Site Contamination ldentified ln The Phase ll Environmental Site Assessment
Report
Key lntended Outcome
Build and maintain oriodtv infrastructure with full accountabilitv.
Supporting Data (Surveys, Environmental Scan, etc.): The 2012 Customer Satisfaction Survey indicated that
over 81% of residents rated recently completed capital improvement projects as "excellent" or "good". Recently
completed capital improvement projects (81Yo\, storm drainage (37%\, and condition of roads A4o/o\.
|onMarch21,2012,theCityCommissionadoptedResolutionNo.2O12-27869,appr@
I Agreement between the City and a joint venture of Zaha Hadid Limited Ua Zaha Hadid Architects and Berenblum
I Busch Architecture, lnc. (the Consultant) for the Planning, Architectural, Engineering, Design, Bid and Award, And
I Construction Administration Services for the Collins Park Place Project. The Agreement was executed in the
I amount of $2,951,823. There have been four previous Amendments approved for a total of $295,466.
On December 11,2014, CIP met with the Miami-Dade County Public Works Department (County) to discuss the
encroachment of the proposed elevated walkway of the garage building retail areas onto the County's right-of-way
(ROW), as a result of having to design the building's ground floor at elevation of BFE+3 feet. The County rejected
the plans as designed and did not allow for the encroachment on their right-of-way. On January 26, 2015 City
Administrators met with the County in an attempt to negotiate a viable solution to the encroachment, but the County
upheld its previous decision not to allow their right-of-way to be impacted. On January 27,2015, Administration and
CIP presented to the Mayor's Blue Ribbon Panel on Flooding & Sea Rise with the conclusion of said meeting with
the County Officials and the panel recommended to re-design the building to BFE with the condition that all critical
equipment be designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to
allow the building ground floor to be elevated in the future. On the same day, the City Commission upheld and
approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation.
As a result, several disciplines including architecture, civil engineering, landscape architecture, and structural
engineering design will be impacted. The total negotiated fee requested for this additional effort is $250 870.
Furthermore, additional environmental services aie required to address the site contamination identified on the
Phase ll Environmental Site Assessment Report dated February 19,2014. These efforts will include the installation
of additional monitoring wells and borings to obtain samples for laboratory analysis, and submit the results to RER
and FDEP for their review and evaluation to determine if additional measures are required for final clean up and
closure. The cost for this additional scope for professional services is $43,479.
Therefore, the total amount for the redesign of the project and the additional environmental services under
Amendment No. 5 is $294,349. The Administration believes to be a fair and reasonable cost given the level of effort
required
THE ADMINISTRATION RECOMMENDS APPROVAL OF THIS RESOLUTION.
Advisorv Board Recommendalion :
Source of
Funds:Fund 365 - City Center RDA 365-2801-061357
Financial lmpact Summary:
David P.E., LEED AP ext. 6972
Financial lnformation :
Glerk's Office
Park Place - ZHA and BBA
AGENDA tV" 3l F
DArE t_lFirMIAMIBEACH524
r --. -4.I-,/-'
r,-t/-
CAPITAL IMPROVEMENT PROJECTS OFFICE
MMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
the City
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE
AMENDMENT NO. 5 TO THE PROFESSIONAL ARCHITECTURAL AND ENGINEERING
(A/E) SERVICES AGREEMENT WITH THE JOINT VENTURE OF ZAHA HADID LIMITED
T/A ZAHA HADID ARCHITECTS AND BERENBLUM BUSCH ARCHITECTURE, INC.
DATED MAY 3, 2012, FOR THE COLLINS PARK PARKING GARAGE PROJECT
(coLLlNS PARK PLACE), FOR THE ADDTTTONAL PROFESSIONAL SERVTCES
REQUIRED TO REDESIGN THE GROUND FLOOR OF THE BUILDING TO BASE
FLOOD ELEVATTON (BFE) WITH PROVTSTONS TO HAVE ALL CRIT|CAL SYSTEMS
ELEVATED UP TO 20 FEET OR AS HIGH AS REASONABLY POSSIBLE, AND
BUILDING SLABS DESIGNED TO ACCOMMODATE A FUTURE INGREASE IN GROUND
FLOOR ELEVATION, IN KEEPING WITH THE CITY OF MIAMI BEACH FLOOD
MITIGATION EFFORTS AS !T RELATES TO SEA LEVEL RISE, !N THE LUMP SUM
AMOUNT OF $250,870; AND FOR THE PROVISION OF A CONTAMINATION
ASSESSMENT PLAN (CAP), SITE ASSESSMENT (SA) AND SITE ASSESSMENT
REPORT (SAR) FOR THE PROJECT S|TE rN ACCORDANCE WITH ENVTRONMENTAL
REQUIREMENTS BY MIAM!.DADE COUNTY REGULATORY AND ECONOMIC
RESOURCES (RER) AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (FDEP) TO ADDRESS THE SITE CONTAMTNATTON !DENTIFtED rN THE
PHASE II ENVIRONMENTAL SITE ASSESSMENT REPORT, IN THE NEGOTIATED
LUMP SUM AMOUNT OF $43,479; FOR A TOTAL COST OF $294,349 WITH
PREVIOUSLY APPROPRIATED FUN D!NG.
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUNDING
Previously appropriated funds for this project will be allocated as follows:
$294,349 Fund 365 - City Center RDA 365-2801 -061 357
525
Commission Memorandum - Collins Park Place -ZHA and BBA Amendment No. 5
March 11,2015
Page 2 of 3
BACKGROUND
On March 21, 2012, the City Commission adopted Resolution No. 2012-27869, approving a
ProfessionalServices Agreement between the Cityand a jointventure of Zaha Hadid Limited tlaZaha
Hadid Architects and Berenblum Busch Architecture, lnc. (the Consultant) for the Planning,
Architectural, Engineering, Design, Bid and Award, And Construction Administration Services for the
Collins Park Place Pro1ect. The Agreement was executed in the amount of $2,951,823.
On September 30, 2013, Amendment No. 1 was executed in the amount of $8,935, forthe provision of
additional surveying services, and extended representation during the July City Commission Meeting.
On December 9, 2013, Amendment No. 2 was executed in the amount of $12,1 14,for the provision of
a Phase ll Environmental Site Assessment, forthe investigation of recognized environmental conditions
(RECs) identified on the Phase I Environmental Site Assessment report.
On May 28, 2014, Amendment No. 3 was executed in the amount of $24,969, for the provision of
design studies and a rough order of magnitude cost estimate related to raising the proposed ground
floor elevation two (2) and three (3) feet above Base Flood Elevation.
On June 20,2014, Amendment No. 4 was executed per Resolution 201 4-28615 adopted on June 1 1 ,
2014, in the amount of $249,448, for construction documents revisions associated with raising the
proposed finish floor elevation to Base Flood plus three (3) feet; for the design, permitting and
construction administration services of certain right-of-way improvements required by Miami-Dade
County Public Works (County); and for the design, permitting and construction administration for the
replacement sanitary sewer line (and associated structures if required) along Liberty Avenue, requested
by the City's Public Works Department.
ANALYSIS
On November 28,2014the office of Capital lmprovement Projects (ClP) received 60% Construction
Documents for the Collins Park Place Parking Garage. On December 1 1 ,2014, as part of the review
process, CIP met with the County to discuss the encroachment of the proposed elevated walkway of
the garage building retail areas onto the County's right-of-way (ROW), as a result of having to design
the building's ground floor at the higher elevation of Base Flood Elevation plus three (3) feet, as
requested by the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and approved by City
Commission Resolution2014-28615 adopted on June 11,2014. The County rejected the plans as
designed and did not allow for the elevated pedestrian walkway to encroach on the right-of-way. After a
number of additional studies by the design Consultant, it became clear that in order to keep the
County's sidewalk untouched, the retailspace would be significantly reduced and the elevated (upper)
walkway along the retail area will create a narrow and un-inviting path for pedestrian traffic and
prospective shoppers.
On January 26,2015, following the direction of the Mayor's Blue Ribbon Panel on Flooding and Sea
Rise, City Administrators met with the County in an attempt to negotiate a viable solution to the
encroachment. At said meeting, the County upheld its previous decision not to allow their right-of-way
to be impacted by the construction of the elevated walkway onto a portion of their sidewalk.
On January 27,2015, Administration and CIP presented to the Mayor's Blue Ribbon Panelon Flooding
& Sea Rise with the conclusion of said meeting with the County Officials and the panel recommended
to re-design the building to Base Flood Elevation (BFE) with the condition that all critical equipment be
designed to an elevation of 20 feet, or as high as reasonably possible and the structural provision to
We ore commilted tc providing excellent public service and sofety to oll ,tho live, work, ond ploy in our vibronf, tropicol, historic community'.
526
Commission Memorandum - Collins Park Place - ZHA and BBA Amendment No. 5
March 11,2015
Page 3 of 3
allow the building ground floor to be elevated in the future. On the same day, the City Commission
upheld and approved the Mayor's Blue Ribbon Panel on Flooding and Sea Rise recommendation.
As a result of the mandated redesign, the scope of work includes adapting the geometry to meet
existing sidewalk, adapt, redesign and detail the ground floor storefront including an addition of a knee
wall, adapt and implement changes to back-of-house area, all garage stairs, elevatorcores, site ramps,
site grading and landscape design. The structure will have to be redesigned to account for the
revisions, including the ground floor slab, columns, shearwalls and foundations. The revisions impact
several disciplines including architecture, civil engineering, landscape architecture and structural
engineering. The total negotiated fee requested by the design team (Zaha Hadid Limited tla Zaha
Hadid Architects and Berenblum Busch Architecture, lnc.) for this redesign of the documents is
$250,870.
Furthermore, additionalenvironmentalservices are required to address the site contamination identified
on the Phase ll Environmental Site Assessment Report dated February 19, 2014. Once a
contamination is found, further assessment is necessary to address the limits and extent of such
contamination and ultimately develop a Contamination Assessment Plan (CAP), in full accordance with
requirements by the Miami-Dade County Regulatory and Economic Resources Department (RER) and
the Florida Department of Environmental Protection (FDEP). These efforts will include the installation of
additional monitoring wells and borings to obtain samples for laboratory analysis, and submit the results
to RER and FDEP for their review and evaluation to determine if additional measures are required for
final clean up and closure. The cost for this additional scope for professional services is $43,479.
The total amount to be approved for the redesign of the project and the additional environmental
services under Amendment No. 5 is $294,349 (See Attachment A). The Administration believes the
cost to be fair and reasonable given the level of effort required.
It is also worth mentioning that due to this redesign of the project, an additional constructability review
of the revised 60% construction documents will be required by the Construction Manager at Risk,
Facchina Construction of Florida, LLC. However, Facchina Construction of Florida has advised CIP that
there would be no additional charges to the City by Facchina for this additional effort.
CONCLUS!ON
The Administration recommends approval of the attached Resolution.
Attachment A - Amendment No. 5
JLM/MT/DM
We ore ccmmitled to providing excellent public sen,ice and sofety to oll who li're, work, ond ploy in ourvibronf, tropicol, htstoric cammuntfy
527
Attachment A
AMENDMENT NO.5
TO THE PROFESSIONAL ARCHITECTURAL
AND ENGINEERING (A/E) SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
A JOINT VENTURE OF ZAHA HADID LIMITED TIAZAHA HADID ARCHITECTS AND
BERENBLUM BUSCH ARCHITECTURE, INC.
DATED MAY3RD, 2012,
FOR THE PROVISION OF ADDITIONAL PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR THE GOLLINS PARK GARAGE PROJECT IN THE
AMOUNT OF $294,349
This Amendment No. 5 to the Agreement made and entered this _day of
,2015, by and between the CITY OF MIAMI BEACH, a municipal corporation
existing under the laws of the State of Florida (hereinafter referred to as City), having its principal
offices at 1700 Convention Center Drive, Miami Beach, Florida 33139, and a JointVenture of
Zaha Hadid Limited UaZaha Hadid Architects, a company certified bythe Registrarof Companies
for England and Wales, having its principal office at 10 Bowling Green Lane, London, ECI R OBQ,
United Kingdom (hereinafter referred to as the "Prime Architect"); and Berenblum Busch
Architecture, lnc., a Florida corporation, having its principal office at22OO NW 2nd Avenue, Suite
203, Miami, Florida, 33127 (hereinafter referred to as the "Executive Architect").
RECITALS
WHEREAS, pursuant to Request for Qualifications (RFO) No. 31-10/1 1 , the Mayor and City
Commission adopted Resolution No.2012-27869 on March 21,2012, approving a Professional
Services Agreement (the Agreement) between the City and a joint venture of Zaha Hadid Limited
UaZaha Hadid Architects and Berenblum Busch Architecture, lnc. forthe Planning, Architectural,
Engineering, Design, Bid and Award, And Construction Administration Services for the Collins
Park Garage Project; and
WHEREAS, the Agreement was executed for a not-to-exceed amount of $2,951 ,823; and
WHEREAS, Amendment No.1 to the Agreement, for the provision of additional surveying
services and extended representation during July City Commission meetings, was executed on
September 30,2013, in the amount of $8,935; and
WHEREAS, Amendment No. 2 to the Agreement, for the provision of a Phase ll
Environmental Site Assessment, for the investigation of recognized environmental conditions
(RECs) identified on the Phase I Environmental Site Assessment report, was executed on
December 9, 2013, in the amount of $12,1 14; and
WHEREAS, Amendment No. 3 to the Agreement, forthe provision of design studies and a
rough order of magnitude cost estimate related to raising the proposed ground floor elevation
between two (2) and four (4) feet (Base Flood Elevation plus 2 or 3 feet), was executed on May 28,
2014, in the amount of $24,969; and
WHEREAS, on June 11,2014, pursuantto Resolution No.201 4-28615,the Mayorand City
Commission approved Amendment No. 4 to the Agreement, in the amount of $249,448, for
construction documents revisions associated with raising the proposed finish floor elevation to
Page 1 of 4
Collins Park Garage - Amendment No. 5
528
Base Flood plus three (3) feet; for the design, permitting and construction administration services
of certain right-of-way improvements required by Miami-Dade County Public Works Traffic
Division; and for the design, permitting and construction administration for the replacement of a
sanitary sewer line (and associated structures if required) along Liberty Avenue, requested by the
City's Public Works Department; and
WHEREAS, the following Amendment No. 5 to the Agreement is for the additional
professional services required to redesign the ground floor of the building to Base Flood Elevation
with provisions to have all critical systems elevated up to 20 feet or as high as reasonably
possible, and building slabs designed to accommodate a future increase in ground floorelevation,
in keeping with the City of Miami Beach flood mitigation efforts as it relates to sea level rise, in the
Lump Sum amount of $250,870; and for the provision of a contamination assessment plan (CAP),
site assessment (SA) and site assessment report (SAR) for the project site in accordance with
environmental requirements by Miami-Dade County Regulatory and Economic Resources (RER)
and the Florida Department of Environmental Protection (FDEP) to address the site contamination
identified on the Phase ll Site Assessment Report, in the negotiated fixed amount of $43,479; for a
total cost of $294,349 with previously appropriated funding; and
WHEREAS, the new total amount of the agreement is $3,541,638; and
Page 2 of 4
Collins Park Garage - Amendment No. 5
529
NOW. THEREFORE. the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1, ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No.5.
2. MODIFICATIONS
The Agreement is amended as defined in Schedule "A-5", attached herein.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4, RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 5.
lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST:CITY OF MIAMI BEACH
Rafael Granado
City Clerk
ATTEST:
Signature / Secretary:
Print Name
ATTEST:
Signature / Secretary:
Print Name
Page 3 of 4
Collins Park Garage - Amendment No. 5
Phillip Levine
Mayor
PRrME ARCHTTECT (P.A.y ZAHA HADTD
LIMITED T/A ZAHA HADID ARCHITECTS
Signature / President
Print Name
EXEGUTTVE ARCHTTECT (E.A.y
BERENBLUM BUSCH ARCHITECTURE,
tNc.
Signature / President
Print Name
530
SCHEDULE "A.5"
SGOPE OF SERVICES
Schedule "A" entitled, "Scope of Services", is amended as follows:
Add the following under Task 6 - ADDITIONAL SERVICES
Task 6.6.1 - Re-Design and Revise Gonstruction Documents to Place the Ground Floor
Elevation at Base Flood Elevation +0 Feet and Provide Design to Allow for Future Rise of
Ground Floor Elevation, as Required:
Re-design and revise the construction documents to place the ground floor elevation at Base Flood
Elevation with provisions to have all critical systems elevated up to 20 feet or as high as reasonably
possible and building slabs designed to accommodate a future increase in ground floor elevation, in
keeping with the City of Miami Beach flood mitigation efforts as it relates to future sea level rise.
Task 6.6.2 - Contamination Assessment Plan (CAP), Site Assessment (SA) and Site
Assessment Report (SAR) as Part of Site Cleaning Remediation Efforts:
Preparation of a Contamination Assessment Report (CAP) to be presented to DERM and DER.
Following approval of CAP, Smart-Science, a Sub-Consultant to Berenblum Busch Architecture, will
implement CAP tasks by installing monitoring wells and drilling borings to obtain samples for further
laboratory analysis (SA) and complete a Site Assessment Report (SAR) summarizing the
implemented tasks, which will be presented to DERM and DER for consideration. Following this
review DERM and DER may close the case or require additional remediation tasks, including removal
and disposal plan for the contaminated soil and water.
PAYMENT AN D COMPENSATION
The total fee proposed for this Scope of Work is $294,349 (refer to Exhibit A-5 attached herein).
Page 4 of 4
Collins Park Garage - Amendment No. 5
COMPENSATION
Zaha Hadid
Limited
Berenblum Busch
Architecture
Total
Orioinal Aoreement Amount $1,276,000 $1,675,823 $2.951.823
Amendment No. 1 N/A $ 8,935 $ 8,935
Amendment No. 2 N/A $ 12,114 $ 12,114
Amendment No. 3 $ 17.509 $ 7.460 $ 24.969
Amendment No. 4 $ 109,981 $ 139,467 $ 249.448
Amendment No. 5 $ 144,714.25 $ 149,634.75 $ 294.349
Revised Aoreement Amount $ 1,548,204.25 $ 1,993,433.75 $ 3,541,638
531
Exhibit A-5
BERENELUM BUSCH ARCHIIECTURE. INC
February'13, 2015 [Revised March 02, 2015]
Ms. Sabrina Baglieri
City of Miami Beach
1700 Converlion Center Drive
Miami Seach Fl. 33139
Re: Amendment No.S
Adjustments to the project as follows:
1-Design revisions per city's request to lower the ground iinished floor elevations
from l3l feet above the current Base Flood Elevation [BFE] to [0] feet above
Base Flood Elevation, +6.45 NAVD.
2- Preparation ol a Contamination Assessment Plan (CAP), Site Assessment (SA)
and Site Assessment Report {SAR)
Dear Ms. Baglieri:
Berenblum Busch Architecture, lnc. (3BA) is pleased to present the enclosed proposal for
additional services related to design revisions requested by the City of Miami Beach.
The revisions include the request to lower the ground finished floor elevations to BFE +0 feet per
ctty's direcllve on email dated January 291',20'l5. The scope of work includes adapting the
geometry to meet ex:sting sidewalk, adapt, redesign and detail the ground floor storeJront
including an addrtion to a knee wall at BFE+1 feet, adapt and implement changes to back-of-
house area. all garage stairs, site stairs, elevator cores, site ramps, site grading and landscape
design. The structure will have to be redesigned to account for the revisions. including the
ground floor slab, columns, shear walls and foundations. The revisions impact several
discipltnes including architecture. crvil engineering. landscape architecture and structural
engineering. This amendment will bring the design package up to the full 60% Design
Development Documents. Time extension to the contract: approximately I weeks upon
receiving approval.
The following additional lees are being requested:
ZAHA HADID ARCHITECTS:
BBA:
LANGAN ENGINIERING:
KI M LEY-HORN AND ASSOCIATES
ROSS & BARUZZINI
DE SIMONE:
s144,714.25
s 40,847.75
s 20,508.00
$ 4,800.00s 8,000.00
$_3_?.0-_0_000
$250,870.00TOTAI_ (LUMP SUM)
A proposal for professional environmental services associated with the preparation of a
Contamination Assessment Flan (CAP), Site Assessment (SA)and Site Assessment Report (SAR)
for the Collins Park Place project in accordance with environmental requirements by the
Miami-Dade County and the Florida Department of Fnvironmentai Prolectior.
SMART-SCIENCES
ENVI RONM ENTAL CONSULTI NG:$ 43,479.00
AMENDMENT NO.5 GHAND TOTAL $294,349.00
532
We thank you for the cpport*nity 1o present
you need any additional information.
Submilted by,
thls additional seryrce request. Please lei us know il
Attachments:
1. Zaha Hadid Architects and Eerenblum 3usch Architeciure lnc., {ae schedule for
professional services and billing breakdown.
2. Langan Engineering contract change order for additionai services proposal.
3. Kimley-Hcrn and Associates sub-consultant additjonal services proposal.
4. Ross & Baruzzini proposal lor addltiona! HVAC, Piumbing, Electrical and Fire-Protection
prolessional engineering design services for owner requested revisions to the site
grading, sidewalks and grcund fioor elevalion for the Collins Park parking structure in
Miami Beach, Florida.
5. DeSimone ground floor revisions to BFE+0' Additional Services Proposal 2.
6. Smart-Sciences Environmental Consulting Proposal for Contamination Assessment Plan
and Site Assessment at proposed Collins Park Garage properly located at 340 23'd
Street, Miami Beach. Florida.
C: Humberto Cabaiias, Fernando Paiva, CMB: Chris Lepine, Eva Tiedemann, ZHA; project
fite.
2
bl$m, AlA.
533
Zaha Hadid Architects
1737 COLLINS PARK PLACE MIAMI BEACH
AMENDMENT NO. 5
FEE SCHEDUI.E FOR PROFESSIONAL SERVICES AND BII.LING BREAKDOWN
\'i jn c(i \,'J a,.r,,.2. 2i i -\
Ground Floor Slab Elevation Change to "BFE+o" [=5.45'NAVD] throughout; adapt
geometry to meet existing sidewalk; adapt, redesitn & detail storefront ladding now
required knee wall] and adapt & implement changes to
back-of-house area.
Ta5k 1 Design Concept IZHAI
Task 2 30 Modelling [ZHA]
Task 3 Coordination [ALL]
Task 4 Code Analysis [BBA]
Task 5 lmplementation up to 60% Design Development Documents [ALL]
BERENBLUM
Professional Personnel
Principal
5r. Architect
Architect
CAD
Clerical
Subtotal
TOTAL (Lump Sum)
ZAHA HADID ARCHITECTS
Professional Personnel
Principal
Sr. Architect
Sr. Designer
Sr. Designer
Architect
Clerical
Sub-total
TOTAI (Lump Sum)
r Reflects hourly rate adjustments as per the Agreement, at a CPI average yearly increase ol 2.1o/o
AEEachment L
5r22
5L22
S122
S1o7
S37
534
Studio Londorr
l0 Bowling Green L.ane
London ECl R 0BO
T +442O1253514-l
F +442}72ilA322
mail@zaha-hadid.com
ww.zaha-hadid.com
Ms. Sabrina Baglieri
City Of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
USA
London. 26 February 201 5
RE: 1737 Collins Park Place - Fee Proposal Amendment No.5
Dear Ms. Baglieri,
We can confirm that our fee proposed for Amendment No.S is based on a thorough
review of all items to be amended, adapted and revised following the City's directive to
settle the ground floor elevation throughout the CPP project to BFE+O - and subsequent
conversations with the CMB and consultants.
The work load is anticipated to be more comprehensive and extensive than Amendment 3
and 4 combined. While the latter 2 amendments entailed studies done during the 60%
DDD Phase, this amendment will bring the design package up to the full 60% Design
Development Documents.
It entails additional challenging design work, adapting to existing sidewalk conditions [as
per latest County directivel without losing an extensive amount of area, avoiding ramps
within valuable retail space.
ln addition, the design of the Feature Stair will need to be reviewed as the Public Plaza
design may need to be adapted to revised landscape elevations.
Finally, Amendment 5 now entails the redesign and detailing of the entire Ground Floor
Storefront due to a new directive from Public Works that does not allow the use of flood
panels other than at doors and requires knee walls at BFE+ 1 .
This is reflected in our proposed fee schedule.
List of tasks anticipated:o Review and Analyse impacto Prepare sketches. ln house 3D studieso Sessions with Consultant team for preliminary design. lntegrate BBA input into Design sketcho Adjust geometry and test. lmplications at retail side. lmplications at Urban plaza. Design sketches to resolv€ elevation changes across site. Tsst and Coordinate alternatives fif requiredl. Besearch and test design suitability of new products required as result ol the changeo Distribute results to consultant teamr Coordinate information with BBA to present to CMBr Prepare documentation. Adopt relovant feedback where possibleo Refine designr Coordinate results with consultant team. Update 3D model. Rework Plans, Sections & Elevations. Coordinate drawing set changes with BBA. Coordinate drawing set changos with Consultant team. Update CD drawing set docum€ntation
We trust this clarifies.
Please do not hesitate to call should you have any further guestions.
Kind Regards,
N
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Associate
535
LANGAN ENGINEERING & ENVIRONMENTAL SERVICES
15150 NW 79th Court
Suite 200, Miami Lakes, FL 3301 6
(215) 864-0640 FAX (215) 864-0671
CONTRACT CHANGE ORDER FOR ADDITIONAL SERVICES
Attachment 2
DATE: 11 February 2015 REVISED:
CHANGE ORDER NO:
CONTRACT:
PROJECT NO.: 300089801
PROJECT TITLE: Collins Park Garage
ORDER BY: Gustavo Berenblum
COMPANY: Berenblum Busch Architecture (GLIENT)
STATEMENT OF WORK:
This change order has been prepared to identify additional scope and fees associated with regrading the
proposed site of the Collins Park Garage. Currently the proposed grading reflects finished floor elevations
that are 3 feet above the FEMA base flood elevation. We have been asked by Berenblum Busch
Architecture that the City of Miami Beach would like the finished floor elevation at a lower elevation that is
compatible with the existing perimeter site elevations. This proposal has been prepared to address the
revision of the site grading and drainage plan for the project.
COST:
This additional work will be invoiced on a lump sum basis based upon the fee estimate.
CHANGE ORDER TOTAL:$ 20.508 (See attached man-hour allocation table)
LANGAN will proceed with the above described scope of services upon receipt of this form signed by you
which authorizes Langan to begin work.. lf notified to stop work on these services, the client agrees to pay
Langan for all work completed up to the stop-work notification. All terms of the original agreement remain
in effect.
Agreement Authorized By : Gustavo Berenblum, AIA
cc:
for Langan: Leonardo Rodriguez, P.E.
\\langan.com\dataMAdata8\300089801\N4arketing Data\ProposalsV0l5-02-11 Grading Add ServicesV0l5-02-25 Revised Site Grading ADD Services\2015-02-11
Site Regrading Add Services.docx
536
with Design Team to
conceptual grading plan
50% of the 600/o design
100% of the 60% design
537
Attachment 3
AMENDMENT NUMBER 1 TO THE AGREEMENT BETWEEN THE CLIENT AND KIMLEY.
HORN AND ASSOCIATES, INC.
AMENDMENT NUMBER 1 DATED February 12, 2015 to the agreement between
Berenblum Busch Architecture, lnc. ("BBA") ("Prime") and Kimley-Horn and Associates, lnc.,
("Sub-Consultant") dated May 20th, 2012 ("the Agreement") concerning City of Miami Beach
Collins Park Parking Garage Documents (the "Project").
The Sub-Consultant has entered into the Agreement with Prime for the furnishing of
professional services, and the parties now desire to amend the Agreement.
Therefore, it is mutually agreed that the Agreement is amended to include Additional
Services to be performed by Sub-Consultant and provisions for additional compensation by the
Prime to the Sub-Consultant, all as set forth in Exhibit A hereto. The parties ratify the terms and
conditions of the Agreement not inconsistent with this Amendment, all of which are incorporated
by reference.
PRIME:
BERENBLUM BUSCH
ARCHITECTURE, INC.
SUB-CONSULTANT:
KIMLEY.HORN AND ASSOCIATES, INC.
./ I -',1 ,.',/
r-to,". o;[+lL-
By:By:
Title:
Date:
Title:Vice President
Date: February 12,2015
Rev. ll-08
538
Exhibit A to Amendment Number 1,
Dated February 12,2015
Sub-Consultant will perform the following Additional Services:
Ground Floor Elevation Revisions
Ground Floor Elevation Revisions: This task consists of revisions to the landscape and irrigation plans and
details based on the City of Miami Beach requiring the finish floor elevation be revised to BFE+ 6.45
NAVD.
For the Additional Services set forth above, Prime shall pay Sub-Consultant the following
additional compensation :
FEE AND BILLING
Kimley-Horn will perform the services described in this Scope of Services for the lump sum fees outlined
below. lndividual task amounts are informational only. ln addition to the lump sum labor fee, direct
reimbursable expenses such as express delivery services, large format reproductions (larger than 11" x
L7"1, air travel, and other direct expenses will be billed at cost. Expenses for the project such as in-house
duplicating, facsimile, local mileage, telephone, postage, in-house blueprinting, and word-processing are
included in the lump sum fees. Technical use of computers for design, analysis, GlS, and graphics, etc., will
be included in the labor fees.
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services
completed or actual services performed and expenses incurred as of the invoice date. Payment will be
due within 25 days of your receipt of the invoice.
LUMP SUM LABOR TASK
Description
Ground Floor Elevation Revisions
TOTAL LUMP SUM LABOR FEE
t
t
I
I
I
I
I
I
Lump Sum
$4,800
$4,800
ADDITIONAL SERVICES
The following tasks are not part of the scope of services, but may be performed as additional services, if
requested by the Prime. These services may include, but are not limited to:
I
I
Revisions to the plans due to substantial changes in project scope, budget, and/or concept.
Services required by additional governmental regulations which might be put into effect after the
date of this agreement
Water feature design plans, details and documents
Architectural Design
Electrical Engineering plans, details and documents
Stormwater Pollution Prevention Plan (SWPPP)
Paving, Grading and Drainage Plans and Details
Erosion Control Plans, Notes and Details
Signing and Pavement Marking Plans and Details
Hardscape Plans
Rev. I l-08
539
KimleyDHorn
March 2,2015
RE: Cify of Miami Beach - Collins Park Parking Garage
Additional services requested for the following tasks:
r Coordination with the Projecl Architect regarding the building footprint, access
points and architectural elevations to complete the revisions to the landscape
and irrigation plans and details based on the City of Miami Beach requiring the
finish floor elevation be revised to BFE+ 6.45 NAVD.
r Bringing the design up to the full 60% Design Development Documents (60%
Construction Documents)
Please contact me at (305) 673-2025 or qeorqe.puiq@kimley-horn.com should you have any
questions.
Sincerely,
George Puig, PLA
Associate
540
Attachment 4
RosqS"Baruzzrnr
February 25,2075
Mario Menendez / Project Architect
Berenblum Busch Architecture
22OO NW 2nd Avenue, Suite 203
Miami, FL 33L27
RC: PROPOSAL FOR ADDITIONAL HVAC, PLUMBING, ELECTRICAL AND FIRE-PROTECTTON
PROFESSIONAT ENGINEERING DESIGN SERV!CES FOR OWNER REQUESTED REVISIONS TO THE
SITE GRADING, SIDEWALKS AND GROUND FTOOR ETEVATION FOR THE COILINS PARK
PARKING STRUCTURE IN MlAM!BEACH, FLORIDA.
Dear Mario:
We are pleased to submit our Additional Services Proposal for the professional engineering services for
the above-referenced project.
PROJECT UNDERSTANDING
We understand the project to include modifying the existing MEP-FP design intent documents to
accommodate the Owner requested revisions for changes to the site grading, sidewalks and ground
floor elevation for the future tenant retail spaces. This add-services proposal is based on assumptions
and information conveyed to us during our weekly scheduled project coordination teleconferences,
therefore we reserve to right to modify this proposal, as required, once we receive the actual revised
Architectural floor plans and we can fully evaluate the impact on the existing design intent documents.
SUMMARY OF SERVICES
A. SCOPE OF WORK
Scope includes design of required modifications to the existing MEP design-intent documents.
B. DETIVERABLES
t. Revisions to existing 60% DD design documents addressing the required modifications. One
(1) set of pdf format files for the 50% DD re-submittal.
C. SCHEDUTE
We will work closely with the construction schedule established by the Architect. Our design should be
completed within three (3) weeks of notice to proceed and having the required, complete information
from the other project Consultants.
D. EXCTUSTONS
The following items are not included in R&B's cope of work:
7205 NW lgth Streeq Suite 5OI I Miami, FL 33126 I t 305.477-8338 I f: 305.477.1378
www.tossbar.com
541
Ross[B atuzztnt
1,. Construction cost estimating is by others.
E. FEES:
Ross & Baruzzini proposes to provide the aforementioned additional services to be invoiced on an
hourly basis with a "not-to-exceed" fee of:
S 8,ooo (EightThousand Dollars)
lf this proposal is acceptable, we understand that you will issue an amendment to our Sub-Contract
Agreement for our services. We appreciate the opportunity to continue to provide these services and
look forward to our continued cooperation toward the successful completion of the project.
Respectfully,
Ross & Baruzzini, lnc.-|a*-{'\. -Raul S. Mastrapa, PE, CIPE, LEED AP
Director of Operations, Miami Office
Cc: James M. Mindur
Raul-Arnaldo Mastrapa
542
Re:
RossfrBaruzzrnr
March 2,2OtS
Mario Menendez / Project Architect
Berenblum Busch Architecture
22OO NW 2nd Avenue, Suite 203
Miami, FL 33727
TETTER OF EXPTANATION FOR ADDITIONAL SERVICES FOR ADDENDA # 5: HVAC, PLUMBING,
ELECTRICAT AND FIRE-PROTECTION PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
OWNER REQUESTED REVISIONS TO THE SITE GRADING, SIDEWALKS AND GROUND FLOOR
ELEVATION FOR THE COTLINS PARK PARKING STRUCTURE !N MtAMt BEACH, FLOR!DA.
Dear Mario:
We did not submit an add-services request for the previous Amendment # 4for setting the ground floor
elevation at BFE+3. This had no impact on our design documents as the Mechanical and Electrical
equipment could be mounted on the ground floor slab. We are now submitting an add-services proposal
for Addenda # 5 for modifying the existing MEP-FP design intent documents to accommodate the Owner
requested revisions to lower the ground floor slab elevation to BFE+0. Code requires that any electrical
driven equipment be mounted at one foot above flood elevation. Scope includes design of required
modifications to the existing MEP design-intent documents, coordination with Architect and Civil
Consultant for revising underground utilities services and ground floor Mechanical and Electrical
equipment rooms per Architectural and Civil floor plans and issuing final revised 60% Construction
Documents set.
Our add-services proposal for Addenda # 5 is based on assumptions and information conveyed to us
during our weekly scheduled project coordination teleconferences, therefore we reserve to right to
modify this proposal, as required, once we receive the actual revised Architectural floor plans and we
can fully evaluate the impact on the existing design intent documents.
Respectfully,
Ross & Baruzzini, lnc.
Raul S. Mastrapa, PE, CIPE, LEED AP
Director of Operations, Miami Office
James M. Mindur
Raul-Arnaldo Mastrapa
Miami,FL33126 I t
unnrw.rossba r.com
Cc:
7205 NW lgth Street Suile 5ot I 305.477.8338 I l: 3o5.477337a
543
Attachment 5
Dqte: Februory 24,2015
To: Gustovo Berenblum
BERENBLUM BUSCH ARCHITECTURE
2200 NW 2nd Avenue, Suite 203
Miomi, Florido 33127
Project Nome:Collins Pork Ploce - Porking Goroge
DESIMONE Project No.: 5684
DESIMONE
\::v lCl?(
\,1r A \11
S;1 \ ;?Ai\lC SCO
i-AS VEG AS
FONG KONG
A3T DHABi
tsosToN
COLOMtsiA
Re:Ground Floor Revisions to BFE+0'
Additionol Services Proposo! 2-REVISED
Deor Mr. Berenblum,
We hove received o request from Berenblum Busch Architecture to redesign our structure
to occount for the revisions ossocioted with lowering the ground floor slob from elevotion
N.A.V.D. 9.45' to N.A.V.D. 6.45'. The top of slob elevotion will therefore be of the bose
flood elevotion requiring the slob to be redesigned to resist hydrostotic flood forces.
The required revisions to our drowings ore outlined below:
2X.1 - Coordinote ground floor chonges in elevotion ond revise stoir, romp, ond slob
drop detoils. Provide soil retoining wolls where required.
2X.2 - Redesign ground floor slob os o structurol slob to resist flood loods ond provide
grode beoms to spon between pile cops to support the slob.
2X.3 - Lower foundotions to cleor new ground floor structure.
2X.4 - Redesign columns for toller floor to floor height between Ground Floor ond
Level2.
2X.5 - Redesign sheor wolls to resist wind forces from toller building.
2X.6 - Redesign feoture stoir for toller floor to floor height.
2X.7 - Provide foundotions for flood borriers beyond the building perimeter, or provide
continuous knee wolls ond foundotions oround the building to resist flood loods
of the ground floor.
Fee:
RAIES TAS{ 2X.t TASK 2X.2 TAS|( 2X.3 TA3( 2XI TASX 2X-S TASX 2X_6 TASX 2X_'
{OUro BItTABLf {OUro BILLABTT HOUR!BILLABLE HOURS BII.IAELE 8fl.t A8LE HOURS SIII.ABLE {OUR:BILLABIE
Principals S15o.oo So.oo 5.5 s97S.00 s22S.00 2S s375.OO 2S 375 00 so oo s225 00
Proiect ManaqeB 120 00 5S s780 00 l5 920 00 6q sTao oo s600 00 7S qqoo oo 6q <7ao oo q500 00
Proiect E noineeB ql 01 00 il ?1? OO la Rla OO 1Sn 10 nlooo ,8.5 i3.888.s0 1.313.00 10 S1.o10.oo
Enoinerino ComDuter l'ime
Senior CAD DEfrets s60.00 5.5 s330.00 6.5 S39o.oo 5 s300.00 4 s240.00 6.5 s390.oo s s300.00 2 120.00
CAD DEfteE Sss.oo 27 1.1SS.00 41.S ;2)42.5O 14 5 s797 50 to s550 00 ?o I 5qO OO la sqqo oo s440 00
CAD/BlM Computer Time
Clerical
foti L. hi lrSD l,E{.ri}rl l ,.(Cim6..*'I6i aLrrt i{rffiril E';I68,
tt, .w
DESIMONE CONSULTING ENGINEERS 8OO BRICKELL AVENUE 6TH FLOOR MIAMI, FLORIDA 33I3I P. 305.44I.0755 F.786.383.2329
544
DESIMONE
?oge 2 of 2
The fee for the obove-described structurol engineering services sholl be $32,000 os outlined
in the fee schedule obove.
Terms ond conditions sholl be in occordonce with our originol proposol with Zoho Hodid
Architect on November 03, 2011.
lf the obove is occeptoble, pleose sign on the Approved line below, returning the
executed originol to us ond retoining o copy for your file. lf you hove ony questions
pleose feel free to contoct me.
Gregory Lewis P.E., Project Monoger
Approved:
Berenblum Busch Architecture
545
Morch 2,2015
Sobrino Boglieri
Senior Copitol Projects Coordinotor
CAPITAL IMPROVEMENT PROJECTS OFFICE
1700 Convention Center Drive
Miomi Beoch, FL 33139
DESIMONE
NIW'1ORK
MIAMI
SAN FRANCISCO
I'.]EW HAVTN
LAS VEGAS
HONG KONG
ABU DHABI
SHANGHAI
Re:Collins Porking Goroge - Miomi Beoch, Florido
BFE+0' (Amendment 5) - Additiono! Services Norrotive
DESIMONE Project No. 5684
Deor Ms. Boglieri,
We ore pleosed to continue to provide design services on the Collins Pork Ploce goroge
complex. We hove received o request from Berenblum ond Busch Architecture to
perform o redesign of the structure to occount for the chonge in elevotion of the ground
floor slob.
ln the previous Amendment 4 redesign, the structurol chonges were driven by roising the
ground floor slob to obove the bose flood elevotion. During this redesign, the entire
building wos roised ond the moin structurolchonges occuned of the ground floor. The
structures required to resist flood loods were eliminoted. A simplified ground floor slob on
grode reploced o structurol slob with tie downs. Grode beoms oround the perimeter of
the structurol slob were eliminoted.
Amendment 5 moves the ground floor slob to bose flood elevotion without reducing the
height of ihe building, which wos increosed during Amendment 4. The ground floor slob
is oi o higher elevotion thon prior to Amendment 4 ond os such the flood loods ore lower.
The toller building will require the redesign of the building's sheor wolls to resist the higher
wind loods ond the toller columns will need to be redesigned due to the increose in their
unbroced length. The foundotion will need to be redesigned to occount for the
hydrostotic uplift loods ond the toller building's higher overturning loods. As the
hydrostotic forces will be less thon prior to Amendment 4, the structurol ground floor slob
ond perimeter grode beoms will be optimized for these loods. The foundotions will need
to be lowered to qvoid the lower ground floor slob. The revised feoture stoir loyout will
require o redesign for the lorger spon from ground floor to level 4. New retoining wolls will
be needed oround the building of the revised romp ond stoir locotions. As the ground
floor slob loyout wos chonged during Amendment 4 there will need to be odditionol
foundotions for either flood borriers or knee wolls oround the building's perimeter to resist
the flood loods. These structurol chonges will require coordinotion with the design teom.
The obove covers the work necessory to issue Amendment 5 60% Design Development
Documents 160% Construction Documentsl. The completion of the drowings from 60%
DESIMONE CONSULTING ENGINEERS 8OO BRICKETL AVENUE 6IH FLOOR MIAMI, FLORIDA 33] 3] P. 305.44] .0755 F.212.481 .6108
546
DESIMONE
forword will be per our originol design proposol. We hope this outline clorifies tf," .riffii't'
of our scope in this redesign.
Yours very truly,
DESIMONE CONSUTTING ENGINEERS
Gregory Lewis, P.E.
Project Monoger
547
f-u
RE:
December 29,2014
Mr. Mario Menendez
Berenblum Busch Architecture, Inc.
848 Brickell Avenue, Suite 625
Miami, Florida 33131
REVISED PROPOSAL FOR CONTAMINATION ASSESSMENT PLAN AND SITE
ASSESSMENT AT PROPOSED COLLINS PARK GARAGE PROPERTY LOCATED AT 340
23RD STREET, MIAMI BEACH, FLORIDA
SMART-SCIENCES PROJECT NUMBER 20 14-0065-POI
Dear Mr. Menendez:
Smart-Sciences is pleased to provide you with this proposal for the professional environmental services
associated with the preparation of a Contamination Assessment Plan (CAP), Site Assessment (SA) and Site
Assessment Report (SAR) for the above referenced property in accordance with environmental
requiranents by the Miami-Dade County and the Florida Department of Environmental Protection.
The scope of work for this proposal is based on our review of previous environmental reports provided to
Smart-Sciences and submittal requiranents for petroleum contaminated sites as presented in Chapter 62-780
of the Florida Administrative Code. The proposal includes the scope of work and associated costs to
prepare an approvable CAP which will be reviewed by the Miami-Dade County Department of
Environmental Resources Management (DERM) prior to its implementation.
Please note that this proposal conservatively estimates a certain number of locations for soil and
groundwater analysis to determine the present subsurface conditions. Although we have included
contingencies for some additional work that may be necessary and/or required by DERM, associated costs
to delineate potential off-site contaminant plumes or plumes from other properties are not included.
However, Smart-Sciences is confident that the scope of work to be presented in the CAP to DERM will
meet the assessment requirements.
SCOPE OF WORK
Smart-Sciences recommends to meet with Berenblum, Busch Architecture (Client) to briefly
discuss a course of action for the contamination assessment to be presented in the CAP. Further
investigation by Smart-Sciences may result in a potential recommendation for a Limited
Contamination Assessment on behalf of the Client and the City of Miami Beach. Upon further
investigation ofprevious assessment activities and consensus on the appropriate regulatory course
of action, a CAP will be prepared and presented to Miami-Dade County DERM. Following
approval of the CAP, Smart-Sciences will implement the scope of work for the
assessment.
We will submit a draft CAP to the client within three weeks of authorization. We will submit the
final CAP to DERM within one week of receiving the client's comments on the draft. DERM's
review time is typically between 30 and 60 days.
329 Palermo Avenue I Suite 210 | Coral Gables,FL 33134 | P: 786-313-3977 lF:305.356.4333
www. Smart-Sciences.com
548
Proposalfor Contamination Assessment Plan and Site Assessment
Proposed Collins Park Garage 340 23d Street, Miami Beach, Florida
S mart-S ciences P ropo sal No. 2 0 I 4 -0 0 6 5 -P 0 I (Revised)
December 29,2014
Page 2 of4
Smart-Sciences will schedule a utility clearance and notify DERM of scheduled activities including
specific dates for subsurface drilling and sampling activities. The drilling activities will be
conducted by a licensed environmental driller and supervised by Smart-Sciences personnel. It is
estimated that fifteen (15) soil borings and eleven (11) groundwater monitoring wells will be
advanced in areas including former underground storage tanks (UST), former dispanser islands,
oil/water separator and used oil storage tank. Drilling will be performed using the direct-push
methodology. Soil borings will be advanced in two-foot intervals to the water table (approximately
3 to 5 feet below land surface) and screened in the field for hydrocarbon vapors using an Organic
Vapor Analyzer (OVA) equipped with a flame ionization detector. Soil samples with the highest
OVA readings or from the soiVwater interface will be further analyzed at a laboratory for
parameters of concern. Ten (10) shallow groundwater monitoring wells will be advanced to
approximately thirteen (13) feet below land surface (bls) for the purpose of sample collection and to
determine groundwater conditions at the shallow aquifer. One (1) deep groundwater monitoring
well will be advanced to approximately twenty-five feet bls for sample collection and to determine
groundwater conditions at the intermediate aquifer and delineation of potential contamination.
Soil and groundwater samples will be either collected for laboratory analysis of the
Gasoline/I(erosene Analytical Group or Used Oil Analyical Group as presented in Chapter 62-770
FAC. The first group includes a fulIrange of volatile organic compounds and polynuclear aromatic
hydrocarbons (EPA Methods 8260 and 8270), Total Recoverable Petroleum Hydrocarbons (TRPH)
by FL-PRO, Ethylene dibromide (EPA Method 504) and Lead (EPA Method 6010). ln addition to
the described parameters and analyical methods, the Used Oil Group includes Polychlorinated
biphenyls (EPA Method 8082) and metals; Arsenic, Cadmium and Chromium (EPA Methods 610
and 620). Ethylene dibromide is not included in the Used Oil Group. All sampling activities will
be conducted by trained personnel following sampling operating procedures in accordance with the
Florida Department of Environmental Protection (FDEP). The laboratory analysis will be
performed at a NELAC accredited and State-certified environmental laboratory.
Following hydrogeological field activities to be performed by a State of Florida registered
Professional Geologist, a SAR will be prepared. The SAR summarizes the implanented tasks
pursuant to subsection 62-780 FAC. The SAR will include information such as the history of the
facility, topography of the site and surrounding areas, details of preliminary assessments of source
removal activities, a vicinity map showing features such as drainage, property boundaries, water
supply wells, potential off-site sources of petroleum contamination, a scaled site map showing
surface and subsurface features such as former and current tank farms, integral piping, dispensers,
monitoring wells, buildings, streets, right-of-ways, utilities, sewers, floor drains, and subsurface
drainage in the immediate vicinity. Technical information will include data and calculations used to
determine the top of casing elevations, depth to water and water-level elevations to determine
groundwater flow direction, a scaled site map showing groundwater flow direction, scaled site maps
showing location of new and existing wells, soil borings and concentrations of contaminants, scaled
site maps showing contour lines of the extent of contaminant plumes, figures showing well
construction profiles, summary tables with OVA screening data, and soil and groundwater
analytical data. Other important data that will be reported includes the description of the regional
and site-specific geology, hydrogeology and site-specific lithology based on the soil and
groundwater assessment drilling activities. The SAR will have recommendations in accordance
with Chapter 62-780 and will be signed and sealed by a State of Florida Registered Geologist.
549
Proposalfor Contamination Assessment Plan and Site Assessment
Proposed Collins Park Garage 340 23'd Street, Miami Beach, Florida
S ma rt- Sciences P ropo sa I No. 2 0 I 4 -00 6 5 -P0 I (Revis ed)
December 29,2014
Page 3 of4
PROGRAM COSTS
The following are Smart-Sciences estimated consulting and subcontracting charges. Should additional work
be necessary or required by site-specific conditions or additional requirements by permitting and regulatory
agencies, the client will be informed of work and associated costs prior to the performance of the additional
work and/or materials.
Task Description and Estimated Labor Effort Fee
Contamination Assessment Plan
Research and review of past environmental conditions and
data, tables of data, assessment strategy, meetings with
DERM, Client and City officials, preparation of CAP for
DERM review, revisions and final submittal
Project Manager 25 hours @ $120/trour
StaffScientist l0 hours @ $82lhour
GIS Specialist 3 hours @ $75lhour $ 4,045.00
Drilling (Subcontractor)
Advancement of 15 soil borings and I I well locations
Estimated time2 days @ $1,600/day
Well completions (concrete, manhole, locking cap and
covers) $350/well
Permittine $50/well
$ 7,600.00
Laboratory Analysis (Subcontractor)
Thirteen samples for Gas/I(erosene Group @ $54O/sample
Eleven samples for Used Oil Group @ $590/sample
(includes oualitv assurance/control blank analvsis)
$13,510.00
Contamination Assessment Activities
Activities: Utility clearance, coordination of drilling,
sampling and notifications to DERM, site activities
supervision, OVA screening, soil and groundwater
sampling, surveys, water table and casing elevation surveys,
and hydrological evaluations.
Project Manager 50 hours @ $120/trour
Staff Scientist 22 hours @ $S2lhour
Environmental Technician 15 hours @ S65/hour
$8,779.00
Contamination Assessment Report Preparation
Project Manager 40 hours @ $120/hour
GIS Specialist l5 hours @7llhour
Clerical 8 hours @ $4O/hour
$6,24s.00
Miscellaneous
Survey and sampling equipment rental $1,000
Travel mileage $300
Contingencies for additional drilling and analysis if required
by DERM $ 2,000 $3,300.00
Total $ 43,479.00
550
Proposal for Contamination Assessment Plan and Site Assessment
Proposed Collins Park Garage 340 23d Street, Miami Beach, Florida
Smart-Sciences P roposal No. 20 I 4-00 65 -P0 I (Revised)
AUTHORIZATION
December 29,2014
Page 4 of4
Attached is a copy of our Standard General Conditions for Professional Services Agreement, which is a part
of the proposal. If the above scope of services and fees are acceptable, please sign below and return a
signed, fully executed copy of our proposal.
The above proposal is hereby agreed to by:
Signature:
Name:
Title:
Company:
Date:
We appreciate the opportunity to offer our professional services on this project. If you have any questions
conceming this proposal, please contact me at 786-313-3977.
Sincerely,
SMART-SCIENCES, INCORPORATED
9^4 6e'/-t,/ t ,,n t/'|-t.1.r\1 > ror
Isidro Duque, P.G.
Senior Geologist
Gisele L. Colbert, LEP
Principal Scientist
Attachments
Professional Services Agreement
M:\Proposals\2014 Proposals\2114-0065-P0l Collins Parking Garage ESA\Smart Sciences CAP ard SAR Proposal for Collins Park Garage
rev updated.docx
551
STANDARD GENERAL C ONDITIONS
1.01 Basic Agreemerlr Smart-Sciences, Incorporated (Smart-Sciences) shall provide, or cause to be provided, the services
set forth in this Agreement. If authorized by Client, or if otherwise required, Smart-Sciences shall fumish services in
addition to those set forth in this Agreement. Client shall pay Smart-Sciences for its services as set forth in Paragraphs
7.01 and 8.01.
2.01 PaymentProcedures:
A. Invoices: Smart-Sciences shall prepare invoices in accordance with its standard invoicing practices and submit the
invoices to the Client at least once per month. Invoices are due and payable upon receipt. If Client fails to make any
payment due Smart-Sciences for services and expenses within 30 days after receipt ofSmart-Sciences' invoice, then
the amounts due Smart-Sciences will be increased at the rate of L0% per month (or the maximum rate of interest
permitted by law, if less) from said thirtieth day. In addition Smart-Sciences may, after giving seven days written
notice to Client, suspend services under this Agreement until Smart-Sciences has been paid in full all amounts due for
services, expenses, and other related charges. Client waives any and all claims against Smart-Sciences for any such
suspension and shall be responsible for any attorney's fees incurred in collecting past due amounts. Payments will be
credited first to interest and then to principal. The Client warrants that payment is not dependent on third parties.
3.01 Termination: The obligation to provide services under this agreement may be terminated:
A. By either party upon seven days written notice, in the event of substantial failure on the part of the other party to
perform in accordance with the terms of this agreement, through no fault of the terminating party. Failure to pay
Smart-Sciences for its services is a substantial failure to perform and a basis for termination.
B. By Smart-Sciences, upon seven days written notice, if Client demands that Smart-Sciences furnish or perform services
contrary to Smart-Sciences' responsibilities as a licensed professional; or upon seven days written notice if Smart-
Sciences' services for the Project are delayed for more than 90 days for reasons beyond Smart-Sciences' control.
Smart-Sciences shall have no liability to Client on account of a termination by Smart-Sciences under this section.
C. In the event of any termination, Smart-Sciences will be paid for all services and reimbursable expenses rendered to the
date of termination, in addition to termination expenses.
4.01 Successors, Assigns and Beneficiaries
A. The Client and Smart-Sciences each binds themselves, and their partners, successors, executors, administrators,
assigns and legal representatives to the other party ofthis agreement. Neither party may assign, sublet or transfer any
rights under, or interest in, this agreement without the written consent of the other. Nothing contained in this
paragraph shall prevent Smart-Sciences from employing such independent consultants, associates and subcontractors,
as Smart-Sciences may deem appropriate.
B. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to
any duty owed by Client or Smart-Sciences to any contractor, subcontractor, supplier, other individual or entity, or to
any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit ofClient and Smart-Sciences and not for the benefit ofany other party.
5.01 GeneralConsiderations:
A. Smart-Sciences will perform its services using that degree of skill and care ordinarily exercised under similar
conditions by reputable members of Smart-Sciences' profession practicing in the same or similar locality at the time
Services are performed. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED.
B. Smart-Sciences shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall
Smart-Sciences have authority over or be responsible for the means, methods, techniques, sequences, or procedures of
construction selected or used by any contractor, or the safety precautions and progtams incident thereto, for security or
safety at the project site, nor for any failure ofa contractor to comply with laws and regulations applicable to such
contractor's furnishing and performing of its work. Smart-Sciences neither guarantees the performance of any
contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with
the contract between Client and such contractor. Smart-Sciences is not responsible for variations between actual
construction bids or costs and Smart-Sciences' opinions or estimates regarding construction costs.
C. Smart-Sciences shall not be responsible for the acts or omissions ofany contractor, subcontractor, or supplier, or of
any oftheir agents or employees or ofany other persons (except Smart-Sciences' own employees) at the Project site
or otherwise fumishing or performing any construction work; or for any decision made regarding the construction
contract requirements, or any application, interpretation, or clarification ofthe construction contract other than those
made by Smart-Sciences.
Excerpted from EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services
552
D. All documents prepared or furnished by Smart-Sciences are instruments of service, and Smart-Sciences retains an
ownership and property interest (including the copyright and the right ofreuse) in such documents, whether or not the
project is completed. Client shall have a limited license to use the documents on the project, subject to receipt by
Smart-Sciences of full payment for all services relating to preparation of the documents and subject to the following
limitations: (l) Client acknowledges that such documents are not intended or represented to be suitable for use on the
project unless completed by Smart-Sciences, or for use or reuse by Client or others on extensions ofthe Project, on
any other project, or for any other use or purpose, without written verification or adaptation by Smart-Sciences; (2)
any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation
by Smart-Sciences, as appropriate for the specific purpose intended, will be at Client's sole risk and without liability
or legal exposure to Smart-Sciences; (3) Client shall indemnify and hold harmless Smart-Sciences from all claims,
damages, losses, and expenses, including attorneys' fees, arising out ofor resulting from any use, reuse, or
modification of the documents without written verification, completion, or adaptation by Smart-Sciences; and (4) such
limited license to Client shall not create any rights in third parties.
E. To the fullest extent permitted by law, Client and Smart-Sciences (l) waive against each other, and the other's
employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to
special, incidental, indirect, or consequential damages arising out of resulting from, or in any way related to the
project, and (2) agree that Smart-Sciences total liability to Client under this Agreement shall be limited to $50,000 or
the total amount of compensation received by Smart-Sciences, whichever is greater.
F. Client and Smart-Sciences agree to negotiate each dispute between them in good faith during the 30 days after notice
ofdispute. Ifnegotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. Ifmediation is
unsuccessful, then the parties may exercise their rights at law.
G. This Agreement is to be governed by the law of the State of Florida and the local jurisdiction in which the project is
located.
H. PURSUANT TO FLORIDA STATUTE 558.0035, NO INDIVIDUAL
EMPLOYEE OR AGENT OF SMART-SCIENCES MAY BE HELD
INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING FROM THE
PERFORMANCE OF PROFESSIONAL SERVICES UNDER THIS
CONTRACT. (p*pf,asis in accordance with the statute.)
I. The proposal and fees are valid for thirty (30) days from the date at the top ofthe proposal.
J. Notice to proceed must be within thirty (30) days of signed agreement, unless otherwise specified in the agreement.
K. For purposes of statutes of limitations/repose, our contract services will be considered complete upon delivery of the
last service or instrument described in our agreement.
6.01 Total Agreement: This Agreement (including any expressly incorporated attachments), constitutes the entire
agreement between Client and Smart-Sciences and supersedes all prior written or oral understandings.
7.01 Basis of Payment
A. Fixed price services are based on doing the work one time. Changes due to causes beyond the control of Smart-
Sciences shall be compensated as Additional Services.
B. Fixed fees do not include printing charges. Reimbursable expenses shall be compensated at cost times 1.15.
C. All governmental fees and testing service charges, if any, shall be paid directly by the Client.
D. Any VAT, excise, gross receipts, or sales taxes that may be imposed by government shall be added to the
compensation otherwise due under the professional services agreement.
E. All fees and rates are based on normal eight hour weekday work. Work performed, by request of the Client, on week
nights, weekends, or holidays shall bear a 50olo surcharge.
F. All fees are subject to renegotiation one year from the date ofthe agreement.
8.01 AdditionalServices:
A. Client shall pay Smart-Sciences an amount equal to the cumulative hours charged to the Project by each class of
Smart-Sciences' employees, times standard hourly rates for each applicable billing class; plus reimbursable expenses
and Smart-Sciences' consultants'charges, ifany. Smart-Sciences' standard hourly rates are attached.
B. The Client may wish to establish control procedures for pre-authorization of Additional Services. Any such
procedures shall be communicated to the Smart-Sciences in writing.
Excerpted from EJCDC E-520 Short Form ofAgreement Between Owner and Engineer for Professional Services
553
RESOLUTION TO BE SUBMITTED
554
THIS PAGE INTENTIONALLY LEFT BLANK
555
COMMISSION ITEM SUMMARY
lntended Outcome Su
Protect Historic Building Stock.
Supporting Data (Surveys, Environmental Scan, etc.): ln the 2014 Community Satisfaction
Survey, 74% of the residents who had sufficient knowledge about historic preservation gave it
positive ratings; and 77o/o of business owners rated the City of Miami Beach's historic
efforts as very or somewhat effective.
Condensed Title:
A resolution appointing John C. Dellagloria, Esq. to serve as a Special Master for appeals of
Historic Preservation Board decisions.
Clerk's Office islative Tracki
T:\AGENDA\201
AGE}IDA ilEN' R7 G
Item Summary/Recommendation:
John C. Dellagloria is qualified to serve as a Special Masterfor appeals of Historic Preservation
Board decisions, based upon his experience with the City Code, and in particularwith the City's
Historic Preservation Code. As a practicing attorney, and former City of Miami Beach City
Attorney, Mr. Dellagloria is able to review decisions rendered by the Historic Preservation Board.
lf appointed, Mr. Dellagloria will be one of two Special Masters hearing appeals of decisions of
the City's Historic Preservation Board; the second being Mr. Warren Bittner. The City may hire
more than one Historic Preservation Special Master, and it is important for the City to have more
than one Historic Preservation Special Master to ensure an unbiased review process.
Based on Mr. Dellagloria's knowledge, skills and attributes, the City Attorney and the City
Manager recommend that Mr. Dellagloria be appointed for a three (3) year term, expiring on
March 10,2018; and setting his compensation at $1 00.00 per hour with a maximum payment of
$500.00 per case.
Financial lnformation :
Source of
Funds:
Amount Account
1 $100.00/hour
maximum $500 per
case.
01 1-0210-0003'12
2
3
OBPI Total $1,000 01 1-0210-000312
Financial lmpact Summary: ln FY 2014, there was one such appeal, and payment of $500
was made to the Special MasterforAppeals of Historic Preservation Board decisions. To date
in FY 2015, there have been two such appeals, and payments totaling $1 ,000 have been made
to the Special Master for Appeals of Historic Preservation Board decisions.
Rafael E. Granado, City Clerk
Department Dipector --,City Attorney ity ManagerREG 7ql RJAI "1 Ur".(-JM r
Special Master\Dellagloria ltem Summary.doc
)
{s MIAnAIBEACH B,q,TE 3-l[-ls556
1915.2015
City
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 of
FROM: Jimmy L. Morales, City Manager
Raul J. Aguila, City Attorney*
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPOINTING JOHN C. DELLAGLORIA, ESQ. TO
SERVE AS A SPECIAL MASTER FOR APPEALS OF DECISIONS OF THE
CITY'S HISTORIC PRESERVATION BOARD FOR A THREE YEAR PERIOD,
ENDING MARCH 10,2018, AND SETTING THE GOMPENSATION AT $1OO.OO,
PER HOUR, WITH A MAXIMUM PAYMENT OF $5OO.OO, PER CASE.
ADMINISTRATIVE RECOMMEN DATION
Appoint Mr. John C. Dellagloria, Esq. to serve as Special Masterforappeals of decisions of
the City's Historic Preservation Board. Attached is a Resolution providing for the
appointment by the City Commission of Mr. Dellagloria.
BACKGROUND
City of Miami Beach City Code Section 118-537(b)(1), provides that the applicant, the
owner(s) of the subject property, the City Manager, Miami Design Preservation League,
Dade Heritage Trust, or an affected person may appeal the decisions of the Historic
Preservation Board to a Special Master appointed by the City Commission.
Pursuant to Miami Beach City Code Section 1 18-537(b)(3), the Special Masters appointed to
hear such appeals shall be attorneys who are members in good standing with the Florida
Bar and have expertise in the area of historic preservation. Special Masters shall serve
terms of three years, provided however, that they may be removed without cause upon a
majority vote of the City Commission.
On the determination of City Attorney Raul J. Aguila that John C. Dellagloria possesses the
knowledge, skills and attributes to perform as a Special Master pursuant City Code Section
118-537(b)(3), and my concurrence with such determination, lam recommending Mr.
Dellagloria's appointment as the Special Master for Appeals of Decision of the City's Historic
Preservation Board.
Mr. Dellagloria currently serves as the General Counsel for the Palm Bay Community
Redevelopment Agency; a position he has held since October 2007. Mr. Dellagloria also
served as General Counsel to the South Miami Community Redevelopment Agency and to
the Miami Beach Housing Authority.
557
Mr. Dellagloria has vast municipal experience, having served as CityAttorneyforthe City of
North Miami from November 1995 to October 2004. Mr. Dellagloria also served as Chief
Deputy City Attorney for the City of Miami Beach, City Attorney for South Miami and Deputy
City Attorney for the City of North Miami Beach.
Mr. Dellagloria is a faculty member at the University of Miami School of Business, teaching
undergraduate and graduate sections of Business Law and Real Estate Law. ln 2004, Mr.
Dellagloria received the Excellence in Teaching Award at the University of Miami.
Mr" Dellagloria received his Juris Doctorate from the University of Miami School of Law in
1979; and a Bachelor of Arts in English Literature form the State University of New York at
Binghamton in 1976.
Mr. Dellagloria is the recipient of numerous professional awards, and is the co-author, with
the Honorable Alan R. Schwartz, Chief Judge of the Third District Court of Appeal, of the
1980 Supplement to Productions Liability in Florida.
A copy of Mr. Dellagloria's curriculum vitae is attached hereto.
lf appointed, Mr. Dellagloria will be one of two Special Masters appointed to hear appeals of
decisions of the City's Historic Preservation Board; the second being Mr. Warren Bittner.
CONCLUSION
Mr. Dellagloria is a uniquely qualified individual, based upon his experience with the City
Code, and in particular with the City's Historic Preservation Code. As a practicing attorney,
and former City of Miami Beach City Attorney, Mr. Dellagloria is able to review decisions
rendered by the Historic Preservation Board.
The City may hire more than one Historic Preservation Special Master, and it is importantfor
the City to have more than one Historic Preservation Special Master to ensure an unbiased
review process.
Based on Mr. Dellagloria's knowledge, skills and attributes the City Attorney and I
recommend that Mr. Dellagloria be appointed for a three (3) year term, expiring on March 10,
2018; and setting his compensation at $100.00 per hour with a maximum payment of
$500.00 per case.
-)JM/RJA/RE"lr)
\-,
T:IAGENDA\2015\March\HPB Special MasteADellagloria Commission Memo.doc
558
JOHN C. DELLAGLORIA
Professional Experience
John C. Dellagloria, P.A.
October 2004 - Present.
Full-Time Lecturer, University of Miami School of Business
January 1982 - December 201 I
Faculty for undergraduate and graduate sections of Business Law and Real Estate Law at the
University of Miami School Of Business. Recipient of the 2004 Excellence in Teaching
Award.
General Counsel, Palm Bay Community October 2007-May 20ll
Redevelopment Agency
City Attorney, City of North Miami November 1995 - October 2004
General Counsel, South Miami Community
Redevelopment Agency October 1999 -February 2002
General Counsel, Miami Beach Housing Authority January 1997 - July 2000
Chief Deputy City Attorney, City of Miami Beach March 1990 - February 1996
City Attorney, City of South Miami December 1986 - May 1990
Deputy City Attomey, City of North Miami Beach January 1983 - December 1986
Senior Associate, Cassel & Cassel, P.A. March 1981 - January 1983
Law Clerk, Honorable Alan R. Schwartz February 1980 - March 1981
Chief Judge, Third District Court of Appeal
Education
University of Miami School of Law J.D,1979
Recipient: Book Award: Conflict of Laws: Spring 1978
Book Award: Advanced Criminal Procedure: Spring 1978
Book Award: lnsurance Law: Summer 1978
State University of New York at Binghamton
B.A. English Literature, 197 6
559
Professional Activities
Co-Author, with the Honorable Alan R. Schwartz, Chief Judge Third District Court ofAppeal
Supplement to Products Liability in Florida (1980) (Continuing Legal Education outline series)
AV Martindale Hubble Rating
Alumnus Member, Eugene P. Spellman American Inn of Court
2004, Excellence in Teaching Award, U. of Miami School of Business
2004,2005 Top GovernmentLawyer, South Florida Legal Guide
Who's Who in American Law
Who's Who in America
Who's Who in American Education
Lecturer, University of Miami L.L.M. Real Property Program
Lecturer, Florida Bar, Government Law Section
Moderator, Rachlin, Cohen &}Joltz, Annual Government Law Syrnposium
Personal: Married to Marilyn C. Dellagloria; two children, Rebecca and Caitlin.
560
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPOINTING JOHN C.
DELLAGLORIA, ESQ. TO SERVE AS A SPECIAL MASTER FOR
APPEALS OF DECISIONS OF THE CITY'S HISTORIC
PRESERVATION BOARD FOR A THREE YEAR PERIOD, ENDING
MARCH 10, 2018, AND SETTING THE COMPENSATION AT
$1OO.OO, PER HOUR, WITH A MAXIMUM PAYMENT OF $5OO.OO,
PER CASE.
WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a
process for the review of decisions rendered by the Historic Preservation Board has been
established under City of Miami Beach Code, Section 1 18-537(b)(3); and
WHEREAS, affected parties have the right to seek a review by a Special Master
appointed by the City Commission of projects approved by the Historic Preservation Board; and
WHEREAS, John Dellagloria, is a uniquely qualified individual, based upon his
experience with the City Code, and in particular, with the City's historic preservation code, and
as a practicing attorney, and former City of Miami Beach Chief Deputy City Attorney, is able to
review decisions rendered by the Historic Preservation Board; and
WHEREAS, the City has established compensation for the position at a rate of $100.00,
per hour, with a maximum payment of $500.00, per case; and
WHEREAS, the City may hire more than one historic preservation special master, and it
is important for the City to ensure that the City has more than one historic preservation special
master to ensure an unbiased review process.
NOW, THEREFORE, BE !T RESOLVED BY THE MAYOR AND CIry GOMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that Mr. John Dellagloria, is hereby appointed to
serve as a Special Master for appeals of decisions of the City's Historic Preservation Board for a
period of three (3) years, expiring on March 31, 2018, and setting his compensation at the base
rate of $100.00, per hour, with a maximum payment of $500.00, per case.
PASSED AND ADOPTED this _ day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGEF:\ATTO\BOUE\RESOS\Resolution on HPB SM John Dellagloria.docx
{5
561
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, CONSENTING TO A SETTLEMENT OF A PERSONAL INJURY CLAIM FILED BY
LOIDA DIAZ AGAINST THE CITY OF MIAMI BEACH, AND PAYING $198,000 FROM THE CITY'S
RISK MANAGEMENT FUND, PURSUANT TO FLORIDA STATUTE 5768.28; AND FURTHER
AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK MANAGEMENT OF ANY AND ALL
SETTLEMENT DOCUMENTS.
Ensure Expenditure Trends Are Sustainable Over The Long Term
Item Summary/Recommendation :
Pursuant to Resolution # 90-19982, the City Manager and the City Attorney or their respective
designees are authorized to settle claims up to an amount of $100,000 per claim against the City of
Miami Beach Self lnsurance Fund. All settlements in excess of $100,000 require commission
approval.
Ms. Diaz retained Attorney Paul A. Sack to represent her in resolving a matter with the City of Miami
Beach, and pursuant to Florida Statue 5768.28, filed aclaim on September 17,2014. Currently, the
cap to resolve tort claims is $200,000 per person/300,000 per incident (effective October 1,201'l).
The Risk Management and City Attorney's Offices and the claimant's attorney negotiated a
settlement to resolve the issue, avoiding litigation that could result in a verdict that exceeds the cap.
Subject to the terms of the Settlement Agreement, the claimant and the City, without admission of
liability, have agreed to resolve any and all claims and disputes by and between them, for which the
City will pay $198,000.
It is recommended that the City adopt the proposed resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
Total
Financial lmpact Summary:
Sylvia Crespo-Tabak, Human Resources Director
AGENDA rrEM nl H
EATE 3-I[-ITMIAMIBEACH562
E MIAMIBEACH
City of Miomi Bcoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORAMDUM
Mayor Philip Levine and Members offthe City Cfihmission
Jimmy L. Morales, City Manager
March 11,2015
SUBJECT: A RESOLUTION OF THE MAYOF AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, CONSENTING TO A SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY LOIDA DIAZ AGAINST THE CITY OF
MIAMI BEACH, AND PAYING $198,000 FROM THE GITY'S RISK
MANAGEMENT FUND, PURSUANT TO FLORIDA STATUTE 5768.28; AND
FURTHER AUTHORIZING THE EXECUTION BY THE OFFICE OF RISK
MANAGEMENT OF ANY AND ALL SETTLEMENT DOCUMENTS.
BACKGROUND
Pursuant to Resolution # 90-19982, the City Manager and the City Attorney or their
respective designees are authorized to settle claims up to an amount of $100,000 per claim
against the City of Miami Beach Self lnsrrance Fund. All settlements in excess of $100,000
require commission approval.
Ms. Diaz retained Attorney Paul A. Sack to represent her in resolving a matter with the City
of Miami Beach, and pursuant to Florida Statue 5768.28, filed a claim on September 17,
2014. Currently, the cap to resolve tort claims is $200,000 per person/300,000 per incident
(effective October 1,2011). The Risk Management and the City Attorney's Offices and the
claimant's attorney negotiated a settlement to resolve this matter, avoiding litigation that
could possibly result in a verdict that exceeds the cap. Subject to the terms of the
settlement Agreement, the claimant and the City, without admission of liability, have agreed
to resolve any and all claims and disputes by and between them, for which the City will pay
$198,000.
RECOMMENDATION
llisrcWnended that the City adoptthe proposed resolution.
JLM/KGB/SC-T
T:\AGENDA\201 5\March\Human Resources\L.Diaz Settlement Memo.docx
TO:
FROM:
DATE:
563
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CONSENTING TO THE SETTLEMENT OF A
PERSONAL INJURY CLAIM FILED BY LOIDA DIAZ AGAINST THE CITY
OF MIAMI BEAGH, AND AUTHORIZING THE PAYMENT OF $198,000 FROM
THE GITY'S RISK MANAGEMENT FUND TO SETTLE THE GLAIM,
PURSUANT TO SECTION 5768.28 OF THE FLORIDA STATUTES; AND
FURTHER AUTHORIZING THE OFFICE OF RISK MANAGEMENT TO
EXECUTE ANY AND ALL SETTLEMENT DOCUMENTS.
WHEREAS, Loida Diaz retained Paul A. Sack, Esquire to represent her in resolving a
claim with the City of Miami Beach related to a personal injury on May 5, 2014 and, pursuant to
Section 768.28 of the Florida Statutes, filed said claim with the City on September 17 , 2014; and
WHEREAS, following negotiations between the City's Risk Management Office, the
City Attorney's Office, and the attorney representing Ms. Diaz, a settlement was reached to
resolve all claims between the parties related to the subject personal injury claim and the Mayor
and City Commission consent to the terms of the settlement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
GOMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby consent to the settlement of the personal injury claim filed by Loida Diaz
against the City of Miami Beach, and authorize the payment of $198,000 from the City's Risk
Management fund to settle the claim, pursuant to Section 5768.28 of the Florida Statutes; and
further authorize the execution of any and all settlement documents by the City's Office of Risk
Management.
PASSED AND ADOPTED this -- day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk APPROVED AS TO
FORM & LANGUAGE
EXECUTION
lA-l
Dote
F:\T Drive\AGENDA\201S\IilarchVluman Resources\L.Diaz Settlement - Reso.docx
Atlornev .V
564
THIS PAGE INTENTIONALLY LEFT BLANK
565
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, accepting the
Recommendation of the Finance and Citywide Projects Committee to issue a Request for Proposals
for Parkino Attendants for the CiW's Parki
lntended Outcome Su
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey indicates
74% of residents and72o/o of businesses rate the availability of parking across the City as too little or
much too little. Availability of parking was one of the changes residents identified to make Miami
Beach a better to live, work or
Item S ummarv/Recommendation :
On July 30,2014, the Mayor and Commission approved a referral item requested by Commissioner
Wolfson, ltem No. C4A, entitled, "Referral to the Finance and Citywide Projects Committee to discuss the
Management Agreement with SP Plus Municipal Services, a division of Standard Parking Corporation, for
parking attendants, specifically: (1) Not exercising the City's option to renew the agreement; and (2)
Extending the Agreement on a month-to-month basis; and (3) lssuing a new RFP (Requestfor Proposals)
for parking attendants for the City's parking garages".
On May 11,2011, the Mayor and Commission approved Resolution No. 2011-27658, authorizing the
Mayor and City Clerk to execute an agreement with SP Plus as a result of RFP No. 17-10/1 1 , for parking
attendants for the City's parking garages. An agreement for an initial three (3) year term, commencing on
August 16,2011, and expiring on August 15,2014, was executed.
On April 23,2014, the Mayor and Commission approved ltem No. C2D, authorizing the City Manager to
extend the Agreement with SP Plus Municipal Services, as authorized in the agreement. The first of two
one (1) year renewal options with SP Plus Municipal Services was exercised and commenced on August
16,2014 and will expire on August 15, 2015.
On February 2,2015, the FCWPC discussed this item (ltem No. 3 on the Agenda) and recommended the
issuance of an RFP for Parking Attendants for the City's Parking System. The pursuit of a formal
procurement process for Parking Attendants for the City's Parking System may yield cost savings through
a combination of reduced personnel costs and gated revenue control system technology enhancements.
Currently, the City is seeking to replace its existing gated revenue control system with state-ofthe-art
technology that will further automate operations at municipal garages. An ITN (lnvitation to Negotiate) is in
progress and a recommendation for an award is anticipated at the March 11, 2015, City Commission
meeting.
The Finance and Citywide Projects Committee recommended the issuance of a formal procurement
process for Parking Attendants for the City's Parking System. This, coupled with anticipated technology
enhancements for gated parking revenue control equipment is anticipated to yield cost savings.
Administration Recommendation: Adoot the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! !moact Summarv:
AGENDA ITEM RI.I
orre 3-ll-t\MIAMIBEACH 566
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMI ION MEMORANDUM
Mayor Philip Levine and Members the
Jimmy L. Morales, City
March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,NG THE RECOMMENDATION OF THE
FINANCE AND GITYWIDE PROJECTS COMMITTEE TO ISSUE A REQUEST
FOR PROPOSALS (RFP) FOR PARKTNG ATTENDANTS FOR THE CITY',S
PARKING SYSTEM
BACKGROUND
On July 30, 2014, the Mayor and Commission approved a referral item requested by
Commissioner Wolfson, ltem No. C4A, entitled, "Referral to the Finance and Citywide
Projects Committee to discuss the Management Agreement with SP Plus Municipal
Services, a division of Standard Parking Corporation, for parking attendants, specifically: (1)
Not exercising the City's option to renew the agreement; and (2) Extending the Agreement
on a month-to-month basis; and (3) lssuing a new RFP (Request for Proposals) for parking
attendants for the City's parking garages".
ANALYS!S
On May 11,2011, the Mayor and Commission approved Resolution No. 2011-27658,
authorizing the Mayor and City Clerk to execute an agreement with SP Plus as a result of
RFP No. 17-10111 , for parking attendants for the City's parking garages. An agreement for
an initial three (3) year term, commencing on August 16,2011 , and expiring on August 15,
2014, was executed.
On April 23,2014, the Mayor and Commission approved ltem No. C2D, authorizing the City
Manager to extend the Agreement with SP Plus Municipal Services, as authorized in the
agreement. The first of two one (1) year renewal options with SP Plus Municipal Services
was exercised and commenced on August 16,2014 and will expire on August 15,2015.
On February 2,2015, the FCWPC discussed this item (ltem No. 3 on the Agenda) and
recommended the issuance of an RFP for Parking Attendants forthe City's Parking System.
The pursuit of a formal procurement process for Parking Attendants for the City's Parking
System may yield cost savings through a combination of reduced personnel costs and gated
revenue control system technology enhancements.
Currently, the City is seeking to replace its existing gated revenue control system with state-
of{he-art technology that will further automate operations at municipal garages. An ITN
(lnvitation to Negotiate) is in progress and a recommendation for an award is anticipated at
the March 11,2015, City Commission meeting.
TO:
FROM:
DATE:
567
City Com m ission Me mora nd u m
March 11 , 2015
Recommendation FCWPC - Standard Parking Attendant Agreement
Page 2 of 2
CONCLUSION
The Finance and Citywide Projects Committee recommended the issuance of a formal
procurement process for Parking Attendants for the City's Parking System. This, coupled
with anticipated technology enhancements for gated parking revenue control equipment is
anticipated to yield cost savings.
,,*,*W,",W
T:\AGENDA\2015\Marchl 1201S\RecommendationFCWPCSIandardParkingAttendantsAgreement.cme.doc
568
RESOLUTION TO BE SUBMITTED
569
COMMISSION ITEM SUMMARY
Gondensed Titte:
A Resolution Of The Mayor And Commission Of The City Of Miami Beach, Florida Adopting The
Blueways Master Plan.
Item Summary/Recommendation:
Revitalize Kev Neiqhborhoods. startino with North Beach and Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc
Blueways are a system of canals, rivers, watenruays and lakes connected with a similar
environmental theme. With a grant in the amount of $40,000 from the Florida lnland Navigation
District, and matching general fund dollars, the City contracted with EDSA, a landscape
architectural firm, to conduct a study and develop a conceptual master plan. The objective was to
create a five-year planning document to be used to increase the interaction of residents and
tourists with the watenruays in and around the City of Miami Beach. This master plan document
would serye as a living document and would be revisited and built upon as needed.
The study included a public input process which began with a kick-off meeting held on April 17,
2014. Following this meeting, two additional input workshops were held on June 3, 2014 and
August 5,2014. During the workshops key issues and opportunities were discussed.
Through the use of the proposed master plan document, the City has identified opportunities to
revitalize existing waterfront public spaces and create inviting and interactive experiences along
the water. This document also emphasizes the need to expand pedestrian connectivity throughout,
allowinq everyone to travel from land to water.
Financial lnformation:
Source of
Funds:
Amount Account
,l $0.00
2
OBPI Total
Financial lmpact Summary: None
slative Tr
John Rebar XT. 6644
AGENDA ,re" RJ 59 MIAMIBEACH DATE570
b:MIAMI BEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
BEAGH, FLORIDA ADOPTING THE BLUEWAYS
DATE: March 11, 2015
SUBJECT: A RESOLUTION
CITY OF MIAMI
MASTER PLAN
BACKGROUND
Blueways are a system of canals, rivers, waterways and lakes connected with a similar
environmental theme. They connect people to the water at convenient locations allowing for
aquatic recreational opportunities and transportation by water within a community. With a
grant in the amount of $40,000 from the Florida lnland Navigation District, and matching
general fund dollars, the City contracted with EDSA, a landscape architectural firm, to conduct
a study and develop a Blueways Master Plan. The objective was to create a five-year planning
document to be used to increase the interaction of residents and tourists with the waterurrays in
and around the City of Miami Beach. This master plan document would serve as a living
document and would be revisited and built upon as needed. The goals were as follows:
. Create a sustainable and thriving environment;
. Revitalize waterfront public spaces;
. Connect people from land to water;
. lncrease interaction with the water; and
. Encourage healthy lifestyles
A kick-off meeting was held on April 17, 2014 with staff and the consultant, followed by two
public input workshops which were held on June 3,2014 and August 5,2014. Residents and,
business owners were encouraged to attend the meetings to share their ideas, desires, and
needs related to the City's watenrvays. During the workshops key issues and opportunities
were discussed. Attendees offered suggestions, posed what challenges they saw and what
desires they had related to connectivity with the watenruays.
The most resonated suggestions and concepts were as follows:
. Access to the water/accessibility. lnclusion of the entire community in accessing the water. Wildlife - Natural habitats to be increased. Positive environmental impacts to be considered. Launch points needed
This valuable feedback was compiled by the consultant and used to shape the final product.
571
City Commission Memorandum -Altos Del Mar Master Plan
March 1 1,2015
Page 2 of 2
Through the use of the proposed master plan document, the City has a guide of identified
opportunities to revitalize existing waterfront public spaces and create interactive experiences
along the water. This document also emphasizes the need to expand pedestrian connectivity
throughout, allowing everyone to travel from the land to water. This will allow both residents
and visitors to take advantage of the water, a surrounding amenity, and will lead to healthier
lifestyles throughout. The proposed plan reflects the combined efforts of the design consultant,
City staff and public stakeholders, creating a foundation which will serve as a guide moving
forurard.
The plans suggested improvements starts by addressing underutilized spaces and suggesting
"low-hanging fruit" and less expensive renovations such as landscape and site furnishings that
address the appearance and usefulness of the City's open spaces. This includes installation
of bike racks and trash/recycling receptacles. Additionally, the master plan suggests
enhancements for each identified locations throughout the City, standardizing designs within
comparable locations to help reduce costs by not needing completely new designs. Some of
these recommendations include kayak launches, boat docking facilities, mangrove habitats,
living shorelines, improved maintenance efforts and pedestrian and bicycle networks.
CONCLUSION
The overall objective of the plan is to use the natural resources within the City in order to
connect people to the water at convenient locations, allowing for the enhancement of aquatic
recreational and water-based transportation opportunities within our community, as well as
providing additional opportunities for economic development. The Administration recommends
the City Commission adopt the proposed Blueways Master Plan, which is provided as an
attachment. The proposed master plan provides recommendations to be refined later into
detailed site specific design documents.
^/.-''JLM/JMr/f/EV
Attachment
572
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA ADOPTING THE BLUEWAYS
MASTER PLAN
WHEREAS, the City received matching grant funds, in the amount of $40,000, from the
Florida lnland Navigation District; and
WHEREAS, the City retained EDSA, a landscape architectural firm,to perform a study
and develop a Blueways master plan; and
WHEREAS, the master plan would serve as a five year planning document to increase
interaction of residents and tourists with the watenuays in and around the City of Miami Beach;
and
WHEREAS, two public meetings were held on June 3, 2014 and August 5, 2014,
respectively, to solicit input from stakeholders and feedback was compiled and used to shape
the final plan; and
WHEREAS, the master plan serves to identify opportunities to revitalize existing
waterfront public spaces to enhance recreational aquatic activities and water based
transportation opportunities; and
WHEREAS, the Administration recommends adoption of the Blueways Master Plan; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby adopt the Blueways Master Plan.
PASSED and ADOPTED this _ day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
a-y- t5
Dote
573
COMMISSION ITEM SUMMARY
Condensed Title:
Accept the recommendation of the NCAC at its January 30,2015 meeting and authorize the
Administration to proceed with the design and construction of a floating dock for non-motorized
vessels at Maurice Gibb Park, establish commercial use policy of the boat ramp and implement a plan
to limit access.
lntended Outcome
Item Summary/Recommendation :
The double lane boat ramp at Maurice Gibb Park is a no-fee marine vessel launch facility, with 11
trailer parking spaces, to which access is currently unrestricted. Historically, the City has received
numerous complaints concerning both the commercial use of the boat ramp and conflicts between
operators of motorized and non-motorized vessels.
On January 30,2015, Parks and Recreation Director, John Rebar, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at the
boat ramp at Maurice Gibb Park.
Following the discussion, the NCAC recommended that the Mayor and City Commission direct the
Administration to proceed with construction of a floating dock for non-motorized marine vessels at
Maurice Gibb Park, from which non-motorized vessels including, without limitation, kayaks, canoes,
and paddleboards, may be launched, and to develop and implement a plan to control access to the
boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach residents for non-
commercial uses only.
The Administration recommends the City Commission adopt the resolution to accept the
recommendations of the NCAC.
T:\AGENDA\201
AGENDA slgir RJ K
D^rE 3 -ll-ts
lncrease satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc
Just under four out of five residents 07o/o\ rated the qualitv of life in Miami Beach as excellent or
On January 30,2015, the NCAC recommended Administration proceed with the construction of a
non-motorized, floating dock to launch vessels such as kayaks, canoes, paddle boards, etc. and also
recommended to pursue eliminating commercial use of the boat ramp and designate the boat ramp
for Miami Beach resident use on
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Clerk's Office
-Offs:
DgFp^rtmentDlrg;tot Ass istatf p ity Mar;4ger City Manager
/L/U
-/John Rebar
(TtvyUl+
J. Mark TaxiS
\,
/ llnmv L. Morales
S\March\Parks and Recreation\Accept NCAC Purdy Boat Ramp
I7""'F|NAL
docx
MIAMIBEACH 574
g MIAMI BEACH
Ciry ol Miqmi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
CO SSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE:
SUBJECT:A RESOLUTION OF THE MAYOR
MIAMI BEACH, FLORIDA, ACCE
CITY GOMMISSION OF THE CITY OF
THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AIRS COMMITTEE AT ITS JANUARY
30, 2015 MEETING, AND AUTHORIZING THE ADMINISTRATION TO
PROCEED WITH THE GONSTRUCTION OF A FLOATING DOCK FOR NON.
MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK, LOGATED AT
18th STREET AND PURDY AVENUE, MIAMI BEACH, FLORTDA; ESTABLISH
A POLICY FOR COMMERGIAL USE OF THE BOAT RAMP AT MAURICE
GIBB PARK; AND, lN CONSULTATION WITH THE CITY ATTORNEY,S
OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO LIMIT ACCESS TO
THE BOAT RAMP.
BACKGROUND
The double lane boat ramp at Maurice Gibb Park is a no-fee marine vessel launch facility, with 11
trailer parking spaces, to which access is currently unrestricted. Historically, the City has received
numerous complaints concerning both the commercial use of the boat ramp and conflicts
between operators of motorized and non-motorized vessels. The following are some complaints
received by the City:
. Commercial operations, such as tour vehicles/vessels, often fail to observe the no-wake
zone launch requirements.. Commercialtour boats damage the City's ramp, docks, and facilities.o Small dinghies utilized by sailboats and other small vessels remain tied up to the docks for
hours and/or days at a time.o Conflicts impacting life safety occur between operators of small non-motorized vessels
and larger motorized vessels.
The City's Police Marine Patrol officers located on-site are not always available to resolve issues
and conflicts relating to traffic in and out of the boat ramp, because the Marine Patrol is charged
with patrolling all of the City's waterways. At the request of Commissioner Grieco, a discussionitem concerning the complaints about the boat ramp was referred to the
Neighborhood/Community Affairs Committee (NCAC). This item was discussed at the October
31, 2014 NCAC meeting and the Committee directed the Administration to research and assess
options for regulating the use of the boat ramp. A status report was provided at the December 19,
2015 NCAC meeting concerning possible options. Staff was directed to return in Januarywith a
plan.
March 11,2015
575
City Commission Memorandum -Accept NCAC Purdy Boat Ramp Non-Motorized and Residential-Only Use
March 11,2015
Page 2 of 2
On January 30,2015, Parks and Recreation Director, John Rebar, provided the NCAC with a
presentation and discussion on the potential options to manage and improve marine activities at
the boat ramp at Maurice Gibb Park.
First Steps
. Build a floating dock adjacent to Maurice Gibb Park from which non-motorized marine
vessels may be launched;o Establish a policy for commercial use of the boat ramp; ando Develop and implement a plan, in coordination with the Parking Department, to limit
access to the boat ramp, including electronic permitting and enforcement.
Future Gonsiderations
o Pursue a Request for Proposals (RFP) for a larger-scoped operation;o Potential mooring fields to replace the unregulated anchorages;o Converting some of the seawall to a marina with dockage/slips;. Dingy dockage to accommodate transient boaters;o Transient boater amenities (i.e. shower, etc.); and. Regulation of overboard discharge from anchored vessels, and/or provision of pump out
facilities for both transient and trailered boats.
Following the discussion, the NCAC recommended that the Mayor and City Commission direct
the Administration to proceed with construction of a floating dock for non-motorized marine
vessels at Maurice Gibb Park, from which non-motorized vessels including, without limitation,
kayaks, canoes, and paddleboards, may be launched, and to develop and implement a plan to
control access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach
residents for non-commercial uses only.
CONCLUSION
The Administration recommends that the City Commission accept the recommendation of the
NCAC at its January 30, 2015 meeting and authorize the Administratlon to proceed with the
construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park, establish
a policy for commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the
City Attorney's Office, to develop and implement a plan to limit access to the boat ramp.
JLM/JMr/.N1
U
T:\AGENDA\2O1sWarch\Parks and Recreation\Accept NCAC Purdy Boat Ramp Recommendations Memo FlNAL.docx
576
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFA!RS COMMITTEE AT ITS
JANUARY 30, 20{5 MEETING, AND AUTHORIZING THE ADMINISTRATION
TO PROCEED WITH THE CONSTRUCTION OF A FLOATING DOCK FOR
NON-MOTORIZED MARINE VESSELS AT MAURICE GIBB PARK,
LOCATED AT 18th STREET AND PURDY AVENUE, MIAMI BEACH,
FLORIDA; ESTABLISH A POLICY FOR COMMERCIAL USE OF THE BOAT
RAMP AT MAURIGE GIBB PARK; AND, IN CONSULTATION WITH THE
CITY ATTORNEY'S OFFICE, TO DEVELOP AND IMPLEMENT A PLAN TO
LIMIT ACCESS TO THE BOAT RAMP.
WHEREAS, public access to the double-lane boat ramp at Maurice Gibb Park is currently
unrestricted and unregulated; and
WHEREAS, currently, individuals who wish to launch non-motorized marine vessels,
including kayaks, canoes, and paddleboards, are limited to launching from the boat ramp at
Maurice Gibb Park and the non-motorized vessel ramp at Pinetree Park; and
WHEREAS, the City has received complaints from City residents of conflicts between
commercial and non-commercial operators of motorized and non-motorized vessels due to the
lack of order relative to traffic in and out of the boat ramp at Maurice Gibb Park; and
WHEREAS, in an effort to address the complaints of City residents, the Mayor and City
Commission voted on October 22, 2014, to refer a discussion item to the
Neighborhood/Community Affairs Committee ("NCAC"); and
WHEREAS, at the October 31, 2014 NCAC meeting, the NCAC directed the Administration
to research and assess options for regulating access to and the use of the boat ramp; and
WHEREAS, at the December 19, 2014 NCAC meeting, the Administration provided a
preliminary status report concerning possible solutions to improving the efficiency of traffic to
and from the boat ramp; and
WHEREAS, on January 30, 2015, John Rebar, Parks and Recreation Director, presented
options to the NCAC to improve access for City residents to the boat ramp; and
WHEREAS, based on the analysis conducted by City staff, and the input of the Miami
Beach Marine Waterfront Protection Authority, the Administration recommended the following
initial steps to the NCAC at its January 30, 2015 meeting:
o Build a floating dock adjacent to Maurice Gibb Park from which non-motorized marine
vessels may be launched;o Establish a policy for commercial use of the boat ramp; ando Develop and implement a plan, in coordination with the Parking Department, to limit
access to the boat ramp, including electronic permitting and enforcement; and
577
WHEREAS, the NCAC recommended that the Mayor and City Commission direct the
Administration to proceed with construction of a floating dock for non-motorized marine vessels
at Maurice Gibb Park, from which non-motorized vessels including, without limitation, kayaks,
canoes, and paddleboards, may be launched, and to develop and implement a plan to control
access to the boat ramp at Maurice Gibb Park and to limit its use to City of Miami Beach
residents for non-commercial uses only.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its January 30, 2015 meeting, and authorize the Administration to proceed with
the construction of a floating dock for non-motorized marine vessels at Maurice Gibb Park,
located at 18th Street and Purdy Avenue, Miami Beach, Florida, establish a policy for
commercial use of the boat ramp at Maurice Gibb Park, and, in consultation with the City
Attorney's Office, to develop and implement a plan to limit access to the boat ramp.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Rafael E. Granado
City Clerk
Philip Levine
Mayor
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COMMISSION ITEM SUMMARY
Condensed Title:
Accept Neighborhood/Community Affairs Committee Recommendation to Approve The lnclusion of a
Single Story Restroom/Storage Building in Phase'1 of the Adopted Conceptual Master Plan for the
Park Soace Known as Altos Del Mar Park.
lncrease satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc
Just under four out of five residents (77%) rated the quality of life in Miami Beach as excellent or good
Item Summary/Recommendation :
On July 23,2014, the City Commission adopted Resolution No. 2014-28680 approving the conceptual
master plan design for Altos Del Mar Park Project, located between 77th Street on the north; 76th
Street on the south; Collins Avenue on the west; and the Beachwalk on the east; authorizing the
Administration to move forward with Phase I of the Project and expressed an interest to build
restrooms and storage in the near future. On November 19, 2014, lhe City Commission approved
Request for Qualifications (RFQ) No. 2015-016-YG for architectural and engineering design services
for the Altos Del Mar Park Project. ln an effort to avoid duplication of efforts and cost, when the RFQ
was presented to the City Commission on November 19, 2014, the restroom/storage facility was
included in the scope of services for final design.
At the request of Commissioner Malakoff, a discussion was held at the January 30, 2015 NCAC
meeting. Following the discussion, the NCAC recommended a one-story building with restrooms and
storage be included in Phase I of the project. ln addition, the NCAC requested that landscaping be
included around the one-story building that is consistent with the landscape design of the Park.
Administration recommends the City Commission accept the recommendation of the NCAC and
approve the inclusion of a single story building with restrooms and storage in Phase I of the final
design plan for Altos del Mar Park, and landscaping be included around the single-story building which
is consistent with the landscape design of the Park. Funding for the restroom/storage building will be
included in the FY 15/16 Capital Budget and subject to Commission approval.
On January 30, 2015, the NCAC recommended approving the single-story restroom/storage building
in Phase I of the project.
Financia! lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
AGENDA ITETMIAMIBEACHDATE 2-I I-t \580
g MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Memb"r, J the City
Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE
FLORIDA ACCEPTING THECITY OF MIAMI
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS JANUARY 30, 2015 MEETING AND
APPROVING THE INCLUSION OF A SINGLE-STORY
RESTROOM/STORAGE BUILDING IN PHASE I OF THE ADOPTED
CONCEPTUAL PARK MASTER PLAN FOR THE PARK SPACE
KNOWN AS ALTOS DEL MAR PARK, LOCATED AT 7701 COLLINS
AVENUE.
BACKGROUND
Altos Del Mar Park (Park) is located between 77th Street on the north; 76th Street on the south;
Collins Avenue on the west; and the Beachwalk on the east; and contains approximately 2.5 acres.
The City contracted with AECOM Technical Services to develop a master plan for the Park. The FY
2014115 capital funding allocated for this prolect is approximately $3.075 million and includes the
costs of the architectural/engineering design documents and the construction of the initial phase of the
project scope.
The first phase of the project scope includes the following enhancements to the Park: pedestrian
entrance; enhancement to existing parking area; sand volleyball courts; pedestrian beach access;
multi-use walkways; bocce courts; retaining/sitting walls; open sodded area; landscape; and irrigation
improvements. Future phases include an ADA playground; a building which provides restrooms and
storage; and a multi-purpose entry plaza with an interactive fountain.
On July 23, 2014, the City Commission adopted Resolution No. 2014-28680, approving the
conceptual master plan design for the Altos Del Mar Park Project, and authorized the Administration
to move fonruard with Phase I of the Project. The City Commission expressed an interest in build
restrooms and storage in the near future.
On November 19, 2014, the City Commission approved Request for Qualifications (RFO) No. 2015-
016-YG for architectural and engineering design services for the Altos Del Mar Park Project. ln an
effort to avoid duplication of efforts and increased costs, when the RFQ was presented to the City
Commission on November 19, 2014, the restroom/storage facility was included in the scope of
services for final design.
At the request of Commissioner Malakoff, a discussion item concerning the consideration of including
the restroom/storage facility in Phase I of the project was referred to the Neighborhood/Community
Affairs Committee (NCAC) at the City Commission meeting of January 14, 2015. The item was
discussed at the January 30, 2015 NCAC meeting. Following the discussion, the NCAC
TO:
FROM:
ission
581
City Commission Memorandum -Altos Del Mar Master Plan
March 11, 2015
Page 2 of 2
recommended a single-story building with restrooms and storage be included in Phase I of the project.
ln addition, the NCAC requested that landscaping be included around the single-story building which
is consistent with the landscape design of the Park.
CONCLUSION
Administration recommends the City Commission accept the recommendation of the NCAC and
approve that a single-story building with restrooms and storage be included in Phase I of the final
design plan for Altos del Mar, and landscaping be included around the single-story building which is
consistent with the landscape design of the Park. Funding for the restroom/storage building will be
included in the FY 15116 Capital Budget and subject to Commission approval.
,rrrm$k"
T:\AGENDA\201S\March\Parks and Recreation\Accept NCAC Altos Del Mar Bathroom and Storage Phase I - MEMO.docx
582
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA ACCEPTING THE RECOMMENDATION OF
THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS
JANUARY 30, 2015 MEETING AND APPROVING THE INCLUSION OF A
SINGLE-STORY RESTROOM/STORAGE BUILDING IN PHASE I OF THE
ADOPTED CONCEPTUAL PARK MASTER PLAN FOR THE PARK SPACE
KNOWN AS ALTOS DEL MAR PARK, LOCATED AT 7701 COLLINS
AVENUE.
WHEREAS, Altos Del Mar Park is located between 77th Street on the north; 76th Street on
the south; Collins Avenue on the west; and the Beachwalk on the east; and contains approximately 2.5
acres; and
WHEREAS, the City contracted with AECOM Technical Services to develop a master plan for
the Park; and
WHEREAS, the first phase of the project scope includes the following enhancements to the
Park: pedestrian entrance; enhancement to existing parking area; sand volleyball courts; pedestrian
beach access; multi-use walkways; bocce courts; retaining/sitting walls; open sodded area; and
landscape and irrigation improvements; and
WHERAS, on July 23, 2014, the City Commission adopted Resolution No. 2014-28680,
approving the conceptual master plan design for the Altos Del Mar Park Project, authorizing the
Administration to move fonryard with Phase I of the Project; and
WHEREAS, the City Commission also expressed an interest in building restrooms and
storage in the near future; and
WHEREAS, on November 19, 2014, the City Commission approved Request for
Qualifications (RFQ) No. 2015-016-YG for architectural and engineering design services for the Altos
Del Mar Park Project; and
WHEREAS, the design and construction of a restroom/storage facility is not currently
budgeted in the initial phase of the prolect yet, in an effort to avoid duplication of efforts and cost, when
the RFQ was presented to the City Commission on November 19, 2014, the restroom/storage facility
was included in the scope for the minimum requirements and specifications for the initial design phase;
and
WHEREAS, at the request of Commissioner Malakoff, a discussion item concerning the
consideration of including the restroom/storage facility in Phase I of the project was referred to the
Neighborhood/Community Affairs Committee (NCAC) during the City Commission meeting of January
14,2015; and
WHEREAS, the item was discussed at the January 30,2015 NCAC meeting and following the
discussion, the NCAC recommended a single-story building with restrooms and storage be included in
Phase I of the Project; and
WHEREAS, in addition, the NCAC requested landscaping be included around the single-story
building that is consistent with the landscape design of the Park;
583
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Neighborhood/Community Affairs
Committee at its January 30, 2015 meeting and approving the inclusion of a single-story
building with restrooms and storage in Phase I of the conceptual master park plan for Altos del
Mar Park, and that landscaping be included around the one-story building that is consistent with
the landscape design of the Park. Funding for the restroom/storage building will be included in
the FY 15116 Capital Budget and subject to Commission approval.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECI,,ITION
)'24 - tI
-
Dote
A-(
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585
,h
-
COMMISSION ITEM SUMMARY
AGENDA ITEM R?M
Condensed Title:
A Resolution Waiving, by 5/7ths Vote, The Formal Competitive Bidding Requirement, Finding Such Waiver To Be
ln The Best lnterest Of The City, And Authorizing The City Manager To Negotiate and Execute An Agreement
With Big Wireless LLC For Phase 1, Repurposing, Migration, Training, And Setup Of The Citywide Public Access
Wi-Fi System For Use By The Miami Beach Police Department For Equipment Connectivity, and further authorize
the Administration to negotiate and execute an agreement with Big Wireless LLC, should the City proceed with
Phase 2.
Maintain crime rates at or below national trends.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
ln November 2013, the Police Department expressed interest in repurposing the Wi-Fi system to meet their
needs for connectivity of police equipment (such as mobile command vehicles, computers, cameras, license plate
readers, etc.). The Police Department met with the lnformation Technology (lT) Director Ariel Sosa, senior lT
administrators, Assistant City Manager Mark Taxis, and the City Manager expressing interest in using the
"backhaul" of the system along with other components to gather feedback and feasibility. Responses were
favorable.
The Police Department (the "Department") met with Big Wireless to discuss repurposing the existing system for
the department's use, as well as, to discuss costs, speed, and reliability concerns since they were the sub-
contractors who built and supported the system. Big Wireless would be the most appropriate contractor for this
project because they built and subsequently supported/maintained this system since its inception, have intimate
knowledge of the system setup (it would not be prudent to open this system and the security to other contractors
in order to complete a competitive bidding process). Additionally, Big Wireless is currently contracted to maintain
other City owned microwave communications equipment (the City's Public Safety Radio System), and these
microwaves are collocated on the same roof-top sites as the Wi-Fi system microwaves. Big Wireless staff
members are already vetted and familiar with the security access to these locations.
Therefore, the Administration recommends that the Mayor and City Commission adopt the attached resolution,
waving by 5/7ths vote, the formal competitive bidding requirement, finding such waiver to be in the best interest of
the City, and authorizing the City Manager to negotiate and execute an agreement with Big Wireless LLC, for
Phase 1, repurposing, migration, training, and setup of the Citywide Public Access Wi-Fi System for use by the
Miami Beach Police Department for equipment connectivity, and further authorize the Administration to negotiate
and execute an agreement with Big Wireless LLC, should the City proceed with Phase 2.
RECOMMENDATION
the Resolution.
The Finance and Citywide Projects Committee at its February2,2015 meeting approved the repurposing of the
City Wi-Fi System for use bv the Police Deoartment for eouioment connectivitv.
Financial lnformation :
Source of
Funds:
Amount Account
1 $17,100
2
OBPI Total $17,100
Financial lmpact Summary:
current FY expenditures are estimated at the approved budqeted amount of $1 7,1 00
Chief Daniel
Assistant City Manager
MIAMIBEACH onre 3-ll- l:-586
&MIAMIBEACH
City of Miomi Beoch,1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
CO
the City
SION MEMORANDUM
TO:Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: March 11,2015
SUBJECT: A RESOLUTION WAIVING, BY |5/7THS VOTE, THE FORMAL COMPETITIVE
BIDDING REQUIREMENT, FINDING SUGH WAIVER TO BE !N THE BEST
INTEREST OF THE CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH BIG WIRELESS LLC FOR REPURPOSING, MIGRATION,
TRAINING, AND SETUP OF THE CITYWIDE PUBLIC ACCESS WI.FI SYSTEM FOR
USE BY THE MIAMI BEACH POLICE DEPARTMENT FOR EQUIPMENT
CONNECTIVITY, AND FURTHER AUTHORIZE THE ADMINISTRATION TO
NEGOTIATE AND EXECUTE AN AGREEMENT WITH BIG WIRELESS LLC,
SHOULD THE CITY PROCEED WITH PHASE 2. - IN ACCORDANCE WITH THE
OPTIONS PURSUANT TO LTC 272-2014; AND AS APPROVED BY THE FINANCE
AND CITYWIDE PROJECTS COMMTTTEE ON FEBRUARY 2, 20',5 (ITEMS
REFERRED FROM JANUARY COMMTSSION MEETTNG - |TEM # 15).
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
. ln 2004-2005 the City of Miami Beach began a plan to enact a Citywide open Wi-Fi. The
Miami Beach Wi-Fi Project resulted in a Request for Proposal being issued in July, 2005.
Ultimately, the City awarded the project to IBM in March, 2006.
. IBM was the project manager and contracted Big Wireless to handle the bulk of the
installation and maintenance to include:
o "The Ring" - A microwave backhaul loop where the data transmission would be
sent through encompassing several buildings/sites which were also being used
for the City's radio communications. The microwave transmissions are via a
licensed frequency requested by the City and granted by the Federal
Communications Commission (FCC).
o "Sectors" - At each backhaul site microwave sectors receive/transmit from all of
the ground level gateways.
o "Subscriber Units/ Gateways" - Units on poles which interact with the public
accessing the internet.
o Several pieces of hardware located at the backhaul sites and in the data center
located in the Police Department.o Worked with IBM and the City of Miami Beach lT personnel in various phases of
programming.
o The Wi-Fi system went online for all users in October, 2009 and the City Manager
accepted the network in January, 2010.
587
Competitive Bid Waiver / Finance and Citywide Project Committee Approvat to
Commission - Police Repurposing of City Wi-Fi System - March 11, 2O1S
Page 2 of 3. ln September,2013 the City Commission accepted the recommendation to discontinue
funding the Miami Beach Wi-Fi Project starting in the FY 2014 budget due to information
and statistics provided showing the following:
o The system had failed to eliminate the need for the City to spend $500,000
annually in internet services due to slow speeds and reliability issues.o Few Miami Beach residents were regularly relying on the Wi-Fi system due to
slow speeds, inability to receive Wi-Fi signals above a couple of stories in
buildings, and reliability issues.o Maintenance costs moving forward were projected in the $710,000 range with an
additional estimated $1,250,000 for equipment upgrades every four years not
covered in the original agreement.
. ln early 2014, lhe City and IBM parted ways. ln August, 2014, the City Administration
issued Letter to Commission No. #272-2014 (attached) conveying the information listed
above and establishing May 1,2015 as the date the Wi-Fi system will go offline.
ANALYSIS
. ln November,2013, the Police Department expressed interest in repurposing the Wi-Fi
system to meet their needs for connectivity of police equipment (such as mobile
command vehicles, computers, cameras, license plate readers, etc.).. The Police Department met with the lnformation Technology (lT) Director Ariel Sosa,
senior lT administrators, Assistant City Manager Mark Taxis, and the City Manager
expressing interest in using the "backhaul" of the system along with other components to
gather feedback and feasibility. Responses were favorable.o The Police Department met with Big Wireless to discuss repurposing the existing system
for its use, and further discussed costs, speed, and reliability concerns since they were
the sub-contractors who built and supported the system.. The Police Department has been working through the approval process to move fonvard
with this repurposing.
For the following reasons, Big Wireless would be the most appropriate contractor for this project:
. Big Wireless built and subsequently supported/maintained this system since its inception.. Big Wireless has intimate knowledge of the system setup; it would not be prudent to open
this system and the security to other contractors.. Big Wireless is currently contracted to maintain other City owned microwave
communications equipment for the City's radio system. These microwaves are
collocated on the same roof-top sites as the Wi-Fi system microwaves. Big Wireless staff
members are already vetted and familiar with the security access to these locations.
The Police Department would like to conduct due diligence and proceed in two phases:
. Phase 1: Repurposing set-up and training for Police Department staff with a trial period
evaluating system capabilities. This phase can begin immediately as it will not affect the
public access side, and will allow for testing during upcoming special events. Estimated
cost $17,'100.00 (one-time), contracted with Big Wireless.. Phase 2: An annual maintenance to continue use of the system post trial/evaluation
period if the Police Department staff determines there is value in continuing the project.
Estimated cost $60,000.00 (annually).
ADVISORY BOARD RECOMMENDATION
The Finance and Citywide Projects Committee at
repurposing of the City Wi-Fi System for use
connectivity.
its February 2, 2015 meeting approved the
by the Police Department for equipment
588
Competitive Bid Waiver / Finance and Citywide Project Committee Approval to
Commission - Police Repurposing of City Wi-Fi System - March 11,2015
Page 3 of 3
CONCLUSION AND RECOMMENDATION
The Administration recommends the Mayor and City Commission approve a Resolution waiving,
by 5/7ths Vote, the formal competitive bidding requirement, finding such waiver to be in the best
interest of the City, and authorize the City Manager to execute an agreement with Bid Wireless
LLC for repurposing, migration, training, and setup of the Citywide Public Access Wi-Fi System
for use by the Police Department for equipment connectivity, and further authorize the
Administration to negotiate and execute an agreement with Big Wireless LLC, should the City
proceed with Phase 2.
JLM/DJO/DH
T:\AGENDA\2015\January\Procurement\Referral to Finance and Citywide Projects Committee - Police Repurposing of City Wi-Fi
System FY14-15 - Memo.docx
589
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN
RECOMMENDATTON OF THE C|TY MANAGER (AS FURTHER SET
FORTH IN THE CITY COMMISSION MEMORANDUM
ACCOMPANYING THIS RESOLUTION AND WAIVING, BY 5/7THS
VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE
CIry, AND AUTHORIZING THE CITY ADMINISTRATION TO
NEGOTIATE AN AGREEMENT WITH BIG WIRELESS, LLG, IN THE
AMOUNT OF $17,100.00 (FOR AN lNtTtAL TERM OF StX MONTHS),
FOR THE REGONFIGURATION AND MIGRATION OF THE EXISTING
clw WTRELESS NETWORK (Wt-F!) TO THE MtAMt BEACH POLTCE
DEPARTMENT; INCLUDING A PROVISION THAT AUTHORIZES
SERVICE CALLS AT AN HOURLY RATE OF $250.00, TO BE
EXERCISED AT THE DISCRETION OF THE MIAMI BEACH POLICE
DEPARTMENT (AND SUBJECT TO FUNDING AVAILABILITY); AND
FURTHER AUTHORIZING THE CIry MANAGER AND CITY CLERK TO
EXECUTE THE AGREEMENT, UPON CONCLUSION OF
SUCGESSFU L NEGOTIATIONS.
WHEREAS, the Administration has identified Big Wireless LLC as a licensed contractor
who installs, services, and maintains several large wireless radio infrastructures, and microwave
communication networks; and
WHEREAS, Big Wireless LLC is a competent and reliable contractor that was
responsible for upgrading and maintaining the City's existing Public Safety Radio System's
microwave communications infrastructure; and
WHEREAS, Big Wireless LLC has the appropriate security clearance for, and intimate
knowledge of, all six (6) roof site locations throughout the City, which house both of the City's
wireless communications network links (Public Safety Radio System and the Wi-Fi System); and
WHEREAS, the Agreement between the City and Big Wireless LLC will be for an initial
term of six (6) months for the monetary amount of $17,100.00, and shall permit service calls at
an hourly rate of $250.00 to be determined by the Miami Beach Police Department, subject to
funding availability; and
WHEREAS, the City Manager recommends that the City Commission waive, by 5/7th
vote, the competitive bidding requirement, finding such waiver to be in the best interest of the
City; and
WHEREAS, the Administration has confirmed that Big Wireless, LLC, is the exclusive
contractor who originally installed and continually maintained the existing City Wireless Network,
has all security and network infrastructure knowledge, and is in the best position to migrate the
system through this repurposing process, which is in the best interest of the City.
590
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the written
recommendation of the City Manager (as further set forth in the City Commission Memorandum
accompanying this Resolution and waiving, by 5/7ths vote, the formal competitive bidding
requirement, finding such waiver to be in the best interest of the City, and authorizing the City
Administration to negotiate an agreement with Big Wireless, LLC, in the amount of $17,100.00
(for an initial term of six months), for the reconfiguration and migration of the existing city
wireless network (Wi-Fi) to the Miami Beach Police Department; including a provision that
authorizes service calls at an hourly rate of $250.00, to be exercised at the discretion of the
Miami Beach Police Department (and subject to funding availability); and further authorizing the
City Manager and City Clerk to execute the Agreement, upon conclusion of successful
negotiations.
PASSED and ADOPTED this
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MAYOR PHILIP LEVINE
day of 2015.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Il- 3'4-15
T-rI --EE-
F:\ATTO\BOl(A\Resolutions\Police Repurposing of Wi-Fi System Resolution (3-1 1-15) v1 .docx
591
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Mayor Philip Levine and Commissioners
FROM: Michael Grieco, Commissi on", ,-ir*l>
DATE: March 11,2015
SUBJECT: Lobby State Legislature and Miami-Dade County School Board regarding
compliance with the State's Class Size Amendment
TITLE: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE STATE LEGISLATURE AND MIAM!-DADE
couNTY scHool BoARD (SCHOOL BOARD) TO REDUCE CLASS SIZES rN MIAMI
BEACH FEEDER PATTERN SCHOOLS TO CONFORM TO ARTICLE lX, SECTION (1Xa)
OF THE FLORIDA CONSTITUTION; AND LOBBY THE STATE LEGISLATURE TO
EXPAND THE LIST OF "CORE CURRICULUM" COURSES RATHER THAN CONTINUE
TO ELIMINATE CORE CURRICULUM COURSES, LIKE ADVANCED PLACEMENT
CLASSES, FROM THE CLASS SIZE AMENDMENT REQUIREMENTS OF THE FLORIDA
CONSTITUTION BY CALLING SUCH COURSES -EXTRACURRICULAR,,; AND CALL
UPON THE SCHOOL BOARD TO VOLUNTARILY SUBJECT ITSELF TO THE CLASS
SIZE REQU]REMENTS FOR ALL CLASSES, WHETHER THEY ARE CONSIDERED
CORE CURRICULUM OR EXTRACURRICULAR
ln 2002, voters approved an amendment to the Florida Constitution, at Article lX, Section
(1)(a), which establishes a limit on the number of students that can be placed in a
classroom. The Constitutional "Class Size Amendment" provides the following sized
classrooms:
. 18 students in prekindergarten through grade 3. 22 students in grades 4 through 8. 25 students in grades 9 through 12
The State Legislature also amended several chapters of the Florida Statutes, to implement
the Class Size Amendment. One of the revised statutes defined that the Class Size
Amendment would only apply to "Core Curriculum" courses and not to extracurricular
courses. As a result, class sizes got larger again at the start of the 2010-2011 school year,
after the state re-defined what a core class was. About two-thirds of the 849 "core" classes
offered in Florida elementary, middle and high schools were downgraded to "extra-
We ore commilled to providing excellent publc service ond sofery n oll who iive. work ond ploy in our vibront. troprcal ht''-
ff da ltgm 6 ?AJ
oate 3-ll:JI_592
curricular" status, which has no limit on class size. Classes like calculus, anatomy,
Advanced Placement, and Spanish were affected.
The State of Florida should take the education of our children seriously, and the State
Legislature should comply with the Constitution, and provide the mandates smaller class
rooms. Additionally, Miami-Dade County make the needs of our children a priority and
provide the smaller class room sizes regardless of how the State defines "core curriculum"
or "extracurricular."
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commit'led lo providing excellenl public service ond sof e\ to all who live work ond ploy tn c:ur vibront. fropicol. historic communif/
593
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE STATE
LEGISLATURE AND MIAMI-DADE COUNTY SCHOOL
BOARD (SCHOOL BOARD) TO REDUCE CLASS SIZESIN MIAMI BEACH FEEDER PATTERN SCHOOLS TO
CONFORM TO ARTICLE lX, SECTION (1)(a) OF THE
FLORIDA CONSTITUTION; AND LOBBY THE STATE
LEGISLATURE TO EXPAND THE LIST OF "CORE
CURRICULUM" COURSES RATHER THAN CONTINUE
TO ELIMINATE CORE CURRICULUM COURSES, LIKE
ADVANCED PLACEMENT CLASSES, FROM THE CLASS
SIZE AMENDMENT REQUIREMENTS OF THE FLORIDA
CONSTITUTION BY CALLING SUCH COURSES
" EXTRACU RRICU LAR"; AN D CALL U PON THE
SCHOOL BOARD TO VOLUNTARILY SUBJECT ITSELFTO THE CLASS SIZE REQUIREMENTS FOR ALL
CLASSES, WHETHER THEY ARE CONSIDERED CORE
CURRICULUM OR EXTRACURRICULAR.
WHEREAS, Florida voters concerned with the public school system
and the education of our minor children determined that our public schools
should have smaller student population, per class, to ensure that our
children are provided the attention needed to ensure discipline and
greater education; and
WHEREAS, in 2002 the voters enacted the "Class Size" amendment
to the Florida Constitution, found at Article lX, Section (1)(a), which
amendment provides:
The education of children is a fundamental value of the people of the
State of Florida. lt is, therefore, a paramount duty of the state to make
adequate provision for the education of all children residing within its
borders. Adequate provision shall be made by law for a uniform,
efficient, safe, secure, and high quality system of free public schools
that allows students to obtain a high quality education and for the
establishment, maintenance, and operation of institutions of higher
learning and other public education programs that the needs of the
people may require. To assure that children attending public schools
obtain a high quality education, the legislature shall make adequate
provision to ensure that, by the beginning of the 2010 school year,
there are a sufficient number of classrooms so that:
594
(1) The maximum number of students who are assigned to each
teacher who is teaching in public school classrooms for
prekindergarten through grade 3 does not exceed 18 students;
(2) The maximum number of students who are assigned to each
teacher who is teaching in public school classrooms for grades 4
through 8 does not exceed 22 students; and
(3) The maximum number of students who are assigned to each
teacher who is teaching in public school classrooms for grades 9
through 12 does not exceed 25 students.
The class size requirements of this subsection do not apply to
extracurricular classes. Payment of the costs associated with reducing
class size to meet these requirements is the responsibility of the state
and not of local schools districts. Beginning with the 2003-2004 fiscal
year, the legislature shall provide sufficient funds to reduce the
average number of students in each classroom by at least two
students per year until the maximum number of students per
classroom does not exceed the requirements of this subsection.
WHEREAS, in 2003, the Florida Legislature enacted revisions to the Public
Education Regulations found at Chapter 1003 and 1011, Florida Statutes, which chapters
implement the provisions of the class-size amendment and defines the progress that
school board districts must make in reducing class size; and
WHEREAS, specifically, section 1003.03, Florida Statutes was revised, and
section 1011.685, Florida Statutes, was created to establish the class size operating
categorical fund; and other sections of law were amended to fully implement the
constitutional requirement; and
WHEREAS, Section 1003.01, Florida Statutes provides that the class size
amendment to apply solely to "Core Curriculum" Courses and not to elective courses; and
WHEREAS, over the years the Legislature has redefined Core Curriculum to
continually reduce the number of Core Courses; and
WHEREAS, the legislature defines "extracurricular courses" as all courses that are
not defined as "core-curricula courses," which may include, but are not limited to, physical
education, fine arts, performing fine arts, career education, and courses that may result in
college credit
WHEREAS, as of the 2010-2011 school year, the maximum number of students in
each core curricula class are: 18 students in prekindergarten through grade 3; 22
students in grades 4 through 8; and 25 students in grades 9 through 12; and
595
WHEREAS, class sizes got larger again at the start of the 2010-2011 school year,
after the state re-defined what a core class was, thus, about two-thirds of the 849 "core"
classes offered in Florida elementary, middle and high schools were downgraded to
"extra-curricular" status, which has no limit on class size. Classes like calculus, anatomy
and Spanish were affected; and
WHEREAS, Advanced Placement courses are no longer considered core
curriculum courses and are now considered extracurricular courses for the purpose of the
Class Size Amendment
WHEREAS, the State Legislature should listen to the voters and adhere to the
Florida Constitution, Article lX, Section (1Xa), by ensuring that all class sizes are reduced
to the size contemplated by the Voters, and not continue to circumvent the Florida
Constitution by using such terminology as "core curriculum" and extracurricular courses to
avoid implementing the class size amendment.
NOW, THEREFORE, BE ]T DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to urge the
State Legislature and Miami-Dade County School Board (School Board)
to reduce class sizes in Miami Beach feeder pattern schools to conformto Article lX, Section (1)(a) of the Florida Constitution; to lobby the
State Legislature to expand the list of "core curriculum" courses rather
than continue to eliminate core curriculum courses, like advanced
placement classes, from the class size amendment requirements of the
Florida Constitution by defining such courses as "extracurricular"; and
to call upon the School Board to voluntarily subject itself to the class
size requirements for all classes, whether they are considered core
curriculum or extracurricular.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
I-a{ - {,
-
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19r5.20r5
OFFICE OF THE CITY ATTORNEY MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Raul Aguila, City Attorneyf,. ,L Cy,(-
DATE: March 11,2015
SUBJECT: Settlement Agreement Miami Beach Community Church, lnc. (MBCC)
and South Beach Tristar, LLC (Tristar) v. City Of Miami Beach (City), et al, under
Circuit Court Appellate Case No.: 14-473 AP fiower tribunal case no: HPB SM 14-
003; HPB file no.: 74241.
TITLE: A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SETTLEMENT AGREEMENT ATTACHED HERETO AS
EXHIBIT A, lN THE MATTER ENTITLED: MIAMI BEACH COMMUNtry
CHURCH, INC. (MBCC) AND SOUTH BEACH TRISTAR, LLC (TRISTAR) V.
crry oF MIAM| BEACH (Clry), ET AL, UNDER CIRCUIT COURT APPELLATE
CASE NO.: CASE NO.: 14-473 AP [LOWER TRIBUNAL CASE NO: HPB SM
14-003; HPB FILE NO:74241.
Background:
Miami Beach Community Church, lnc. (MBCC) is the owner of real property located at
1620 DrexelAvenue, Miami Beach, Florida (the "Property"). South Beach Tristar, LLC
(Tristar), is the contract lessee of the Property pursuant to that certain Ground Lease
Agreement dated May 6, 2014, by and between MBCC and Tristar (the "Ground
Lease").
On or about February 2014 (and as amended on May 7,2014), MBCC and Tristarfiled
a Standard Application Form with the Planning Department of the City seeking a
Certificate of Appropriateness from the Miami Beach Historic Preservation Board
("HPB") for the construction of a new, two-story commercial building designed to co-
exist on the Property with the historically designated Church building. On May 13,
2014, after a properly noticed public hearing, the HPB unanimously granted the
We ore commilt'ed lo prouding excellenl public serutce and sa[e\, lo oll who live work ond ploy in our vibront tropicol hi"t^,;-
Agenda ltem
Date598
Certificate of Appropriateness. The HPB's Ordergranting certificate of appropriateness
was rendered on May 20, 2014 (the 'HPB Order Granting Certificate of
Appropriateness").
Thereafter, a few residents, including the Miami Design Preservation League (MDPL),
requested that the City Manager submit a petition for rehearing pursuant to City Code
Section 118-537 and, as a result, the City Manager took the request to the City
Commission. On May 21,2014, the City Commission, after public comment, voted to
have the City Manager file a rehearing request with the HPB. One week later, during a
subsequent City Commission meeting on May 28,2014, after public comment, MBCC
and the City Commission agreed that certain rental payments (2.5 million dollars) by
TriStar would be placed in a trust fund to administer the restoration work to the historic
church building on Miami Beach. Once the City Commission was assured that the
historic structure would be secured, repaired, and maintained, the City Commission
voted to rescind the authorization to the City Manager to submit the petition for
rehearing.
On June 5,2014, pursuant to City Code Section 118-537 , the MDPL filed a Motion for
Rehearing and sought rehearing of the HPB Order Granting Certificate of
Appropriateness. The HPB considered the Motion for Rehearing at a properly noticed
public quasi-judicial hearing on August 12, 2014. The HPB voted four to three against
rehearing and the Orderdenying rehearing was rendered on August 18,2014 (the
"HPB Order Denying Rehearing"). MDPL then sought review of the HPB's Order
Denying Rehearing. Pursuant to City Code Section 118-537(b), the appeal of this
decision was heard by a Special Master. The Special Master, Warren Bittner, after
having reviewed the arguments of the parties, entered a Decision and Order on
October 31,2014, which reversed the August 18th HPB Order Denying Rehearing
("Special Master Decision and Order").
Subsequent to the October 31, 2014 order a dispute arose between the Parties with
respect to the Special Master Decision and Order and, as a result of that dispute, and
to avoid damage and delay in construction, MBCC and Tristar made a formal request
for relief pursuant to Section 70.51, Fla. Stat. (the "Florida Land Use and Environmental
Dispute Resolution Act" or "FLUEDRA") and filed a Petition for Writ of Certiorari in the
Circuit Court of the Eleventh Judicial Circuit under Case No.: 14-473 AP [Lower
Tribunal Case No: HPB SM 14-003; HPB File No.: 74241to preserve MBCC and
Tristar's legal rights (the "Lawsuit"). Under the FLUEDRA claim MBCC and Tristar
allege a challenge to the City's Special Master process, as well as allege violations of
the Religious Land Use and lnstitutionalized Persons Act of 2000 (.RLUlPA") or the
Florida Religious Freedom Restoration Act of 1998 (FRFRA).
On February 17,2015, in compliance with all notice requirements, and pursuant to the
requirements of Section 50.71, Florida Statutes, the parties held mediation before
Murray Greenberg, the Special Magistrate selected by the Parties (the "special
Magistrate"), in which MBCC, Tristar, the City, and substantially affected parties
provided input to the process. During the February 17 ,2015 settlement conference a
proposal for settlement was presented and the parties agreed to take the proposal to
the City Commission for deliberation. The settlement agreement delineated in the
attached Exhibit A encompasses the substantive discussions from the February 17,
201 5 settlement conference.
Weorecommifledloprovidingexcellenl publicseruiceondsofet,too]l wholive.work,ondplayinourvibront tropicol historiccommunit,/.
599
The Parties wish to fully, completely, and amicably settle and resolve all potential
claims and issues between them with respect to the Special Master Decision and Order
- with neither admitting liability or waiving a defense or claim - without incurring the
needless costs and expense of litigation and/or further administrative claims and
proceedings under FLUEDRA. The City believes the HPB Special Master exceeded his
authority; and, as the Parties prefer to avoid the uncertainties and expense of the
FLUEDRA proceedings and Lawsuit the parties seek to execute the attached
Settlement Agreement.
Material Terms of the Settlement Agreement:
1. The City agrees that, upon this Agreement becoming effective, it shall adjust,
supersede and annulthe Special Master Decision and Order (dated October 31,2014),
as authorized by S 70.51(17)(a), Fla. Stat.
2. MBCC and Tristar agree to comply with all conditions set forth in the HPB Order
Granting Certificate of Appropriateness.
3. MBCC and Tristar agree that the following shall become conditions of the
Building Permit:
A. Tristar shall, at its sole cost and expense, submit a structural report prior
to submitting or as part of, its Building Permit application, regarding the
structural integrity of the historic church building. lf deemed necessary by the
City's Building Department, at its sole and reasonable discretion, the City may
select and retain an independent consultant, which shall be paid for by Tristar, to
review Tristar's structural report. lf it is determined by the City's Building
Department that it is necessary, based upon the findings set forth in the
foregoing report, the City consultant's report, or other structural investigation by
the City, the City shall include a requirement as part of the Building Permit that
Tristar shall shore and stabilize the historic church building from the beginning of
construction through the issuance of the certificate of occupancy ("CO") for the
new construction, or such other time frame as determined by the City and, in any
event, shall continue restoration planning subject to Historic Preservation Board
and/or Planning Department staff approval.
B. Tristar shall utilize auger piles, or a similar method of construction, that
will have the least impact on the historic church building. Tristar shall utilize
seismic meters during the course of construction, and take steps to ensure that
no adverse impacts will result from the new construction on the church structure.
C. Tristar shall modify the area on the second story of the new construction,
as depicted on the floor plan presented, to further offset the second floor to the
immediate east of the church building by approximately one window bay, subject
to review and approval of Planning Department staff.
D. Upon release to MBCC of the escrow prepaid base rent underthe Ground
Lease with Tristar, and prior to the City's issuance of the Building Permit, the
Church shall immediately set aside $2.5 Million in an escrow account. Such
We ore comrnilled lo providing excellenl public seruice ond sofe\ lo ctli wha live work. ond ploy tn our vibront. tropical historic cammunity
600
escrowed funds shall be used exclusively for the structural protection, repair and
restoration of the historic church building, and shall be subject to the escrow
agreement to be negotiated and executed between the City and MBCC (which
will include audit, reporting, and/or monitoring requirements).
4. Dismissal of Lawsuit and FLUEDRA Proceedings.
5. MBCC and Tristar to execute a General Release as to any and all claims
against the City.
6. MBCC and Tristar to pay all the City's costs - including the cost of the
Special Magistrate, and court reporter and transcription costs.
7. MBCC and Tristar shall indemnify the City against all third-party claims,
with the City's choice of outside counsel.
Recommendation:
Approval of the settlement agreement attached to the Resolution as Exhibit A.
Thereafter, MBCC and Tristar shall dismiss its petition for certiorari with prejudice.
Tristar shall be required to indemnify the City against all third party causes of action.
We ore commilled lo providing excellent publb service ond sofe\ lo oll who Lve. work ond ploy in our vibronl, tropicol, hisloric cammuntty
601
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT
ATTACHED HERETO AS EXHIBIT A, IN THE MATTER ENTITLED:
MIAMI BEACH COMMUNITY CHURCH, INC. (MBCC) AND SOATH
BEACH TRISTAR, LLC (TRISTAR) V. CITY OF MIAMI BEACH (CITY),
ET AL, UNDER CIRCUIT COURT APPELLATE CASE NO.: CASE NO.:
14-473 AP [LOWER TRIBUNAL CASE NO: HPB SM 14-003; HPB FILE
NO.:74241.
WHEREAS, Miami Beach Community Church, Inc. (MBCC) is the owner of real
property located at 1620 Drexel Avenue, Miami Beach, Florida (the "Property"); and
WHEREAS, South Beach Tristar, LLC (Tristar), is the contract lessee of the Property
pursuant to that certain Ground Lease Agreement dated May 6, 2014, by and between MBCC
and Tristar (the "Ground Lease"); and
WHEREAS, on or about February 2014 (and as amended on May 7,2014), MBCC and
Tristar filed a Standard Application Form with the Planning Department of the City seeking a
Certificate of Appropriateness from the Miami Beach Historic Preservation Board ("HPB") for
the construction of a new, two-story commercial building designed to co-exist on the Property
with the historically designated Church building; and
WHEREAS, on May 13, 2014, after a properly noticed public hearing, the HPB
unanimously granted the Certificate of Appropriateness. The HPB's Order Granting Certificate
of Appropriateness was rendered on May 20,2014 (the "HPB Order Granting Certificate of
Appropriateness"); and
WHEREAS, a few residents, including the Miami Design Preservation League (MDPL),
requested that the City Manager submit a petition for rehearing pursuant to City Code Section
ll8-537 and, as a result, the City Manager took the request to the City Commission; and
WHEREAS' on May 21,2014, the City Commission, after public comment, voted to
have the City Manager file a rehearing request with the HPB; and
WHEREAS, one week later, during a subsequent City Commission meeting on May 28,
2014, after public comment, MBCC and the City Commission agreed that certain rental
payments by TriStar would be placed in a trust fund ($2.5 million dollars) to administer the
restoration work to the historic church building on Miami Beach; and
602
WHEREAS, once the City Commission was assured that the historic structure would be
secured, repaired, and maintained, the City Commission voted to rescind the authorizationto the
City Manager to submit the petition for rehearing; and
WHEREAS, on June 5,2014, pursuant to City Code Section 118-537, the MDPL filed a
Motion for Rehearing and sought rehearing of the HPB Order Granting Certificate of
Appropriateness. The HPB considered the Motion for Rehearing at a properly noticed public
quasi-judicial hearing on August 12,2014. The HPB voted four to three against rehearing and
the Order denying rehearing was rendered on August 18, 2014 (the "HPB Order Denying
Rehearing"); and
WHEREAS, MDPL then sought review of the HPB's Order Denying Rehearing.
Pursuant to City Code Section 118-537(b), the appeal of this decision was heard by a Special
Master. The Special Master, Warren Bittner, after having reviewed the arguments of the parties,
entered a Decision and Order on October 31,2014, which reversed the August 1Sth HPB Order
Denying Rehearing ("Special Master Decision and Order"); and
WHEREAS, a dispute has arisen between the Parties with respect to the Special Master
Decision and Order and, as a result of that dispute, and to avoid damage and delay in
construction, MBCC and Tristar made a formal request for relief pursuant to Section 70.51, Fla.
Stat. (the "Florida Land Use and Environmental Dispute Resolution Act" or "FLUEDRA") and
filed a Petition for Writ of Certiorari in the Circuit Court of the Eleventh Judicial Circuit under
Case No.: 14-473 AP [Lower Tribunal Case No: HPB SM 14-003; HPB File No.: 7424] to
preserve MBCC and Tristar's legal rights (the "Lawsuit"); and
WHEREAS, under the FLUEDRA claim MBCC and Tristar allege a challenge to the
City's Special Master process, as well as allege violations of the Religious Land Use and
Institutionalized Persons Act of 2000 ("RLUIPA") or the Florida Religious Freedom Restoration
Act of 1998 (FRFRA); and
WHEREAS, on February 17,2015, in compliance with all notice requirements, and
pursuant to the requirements of Section 50.71, Florida Statutes, the parties held mediation before
Murray Greenberg, the Special Magistrate selected by the Parties (the "special Magistrate"), in
which MBCC, Tristar, the City, and substantially affected parties provided input to the process;
and
WHEREAS, during the settlement conference a proposal for settlement was presented
and the parties agreed to take the proposal to the City Commission for deliberation; and
WHEREAS, the settlement agreement delineated herein encompasses the substantive
discussions from the February 17,2015 settlement conference; and
603
WHEREAS, the Parties wish to fully, completely, and amicably settle and resolve all
potential claims and issues between them with respect to the Special Master Decision and Order
- with neither admitting liability or waiving a defense or claim - without incurring the needless
costs and expense of litigation and/or further administrative claims and proceedings under
FLUEDRA; and
WHEREAS, as the City believes the HPB Special Master exceeded his authority; and, as
the Parties prefer to avoid the uncertainties and expense of the FLUEDRA proceedings and
Lawsuit the parties seek to execute the attached Settlement Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA to authorize the City
Manager to execute the settlement agreement attached hereto as Exhibit A, in the matter entitled:
Miami Beach Community Church, Inc. (MBCC) and South Beach Tristar, LLC Qristar) v. City
Of Miami Beach (City), et al, under Circuit Court Appellate Case No.: 14-473 AP [ower tribunal
case no: HPB SM 14-003; HPB file no;74241.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk
Philip Levine, Mayor
day of 2015.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
W r''1,.j
"* anun. r;!r$ Doie
F:\ATTO\BOUE\Community Church 1620 Drexel Ave\resolution accepting settlement 2-26-2015 final.docx
604
FINAL DRAFT 2.25.2015
DISCLAIMER
(TO BE DELETED UPON ADOPTTON
BY CrTY COMMTSSTOT{)
THIS DRAFT SETTLEMENT AGREEMENT ("DRAFT')
BETWEEN THE CITY OF MIAMI BEACH (*CITY') AND MIAMI
BEACH COMMUNITY CHURCH, INC. ("MBCC") AND SOUTH
BEACH TRISTAR, LLC ("TRISTAR") HAS BEEN PREPARE,D
FOR PURPOSES OF NEGOTIATING AND COMPLETING A
GLOBAL SETTLEMENT TRANSACTION.
THE DRAFT PROVISIONS ARE INTENDED TO BE A PART OF A
DISCUSSION OF OUTSTANDING ISSUES BETWEEN THE CITY,
MBCC AND TRISTAR. THE INDIVIDUAL PROVISIONS ARE
INTENDED TO BE READ AND UNDERSTOOD AS "IN PARI
MATERIA" WITH EACH AND EVERY OTHER PROVISION OF
THE DRAFT.
NO INDIVIDUAL PROVISION IS INTENDED TO REPRBSENT A
PROPOSED TERM, FINDING, OR CONDITTON OF At[
AGREEMENT, EXCEPT IN THE CONTEXT OF EACH AND
EVERY OTHER PROVISION IN THB DRAFT, AND ONLY IF
INCLUDED IN A WRITTEN AGREEMENT EXECUTED BY THE
PARTIES.
MOREOVER, THE DRAFT PROVISIONS HAVE BEEN
PREPARED BY SHUBIN & BASS, P.A., AND DO NOT REPRESENT
OFFICIAL OR UNOFFICIAL POSITIONS OF MBCC, TRISTAR,
OR THE CITY, ON ANY PARTICULAR SUBJECT UNTIL A FINAL
AGREEMENT IS EXBCUTED.
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FINAL DRAFT 2.25.2015
SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into as of this day of
, 2015, by and between the CITY OF MIAMI BEACH, a Florida
municipal corporation ("City"), MIAMI BEACH COMMUNITY CHURCH, INC
(.'MBCC"), and SOUTH BEACH TRISTAR, LLC ("Tristar") (collectively, the
"Parties").
RECITALS
WHEREAS, the City is a municipal corporation organized and existing under the
laws of the State of Florida with all powers granted to it by its Charter, the Florida
Constitution, and general law; and
WHEREAS, MBCC is the owner of real property located at 1620 Drexel Avenue,
Miami Beach, Florida (the "Property"); and
WHEREAS, Tristar is the contract lessee of the Property pursuant to that certain
Ground Lease Agreement dated May 6, 2014, by and between MBCC and Tristar (the
"Ground Lease"); and
WHERBAS, on or about February 2014 (and as amended on May 7, 2014),
MBCC and Tristar filed a Standard Application Form with the Planning Department of
the City seeking a Certificate of Appropriateness from the Miami Beach Historic
Preservation Board ("HPB") for the construction of a new, two-story commercial
building designed to co-exist on the Property with the historically designated Church
building; and
WHEREAS, on May 13, 2014, after a properly noticed public hearing, the HPB
unanimously granted the Certificate of Appropriateness. The HPB's Order granting
certificate of appropriateness was rendered on May 20,2014 (the "HPB Order Granting
Certificate of Appropriateness"); and
WHEREAS, a few residents, including the Miami Design Preservation League
(:MDPL:), requested that the City Manager submit a petition for rehearing pursuant to
City Code Section I l8-537 and, as a result, the City Manager took the request to the City
Commission; and
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Tristar
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FINAL DRAFT 2.25.2015
WHEREAS, on May 21,2014, the City Commission, after public comment, voted
to have the City Manager file a rehearing request with the HPB-; and
WHEREAS, one week later, during a subsequent City Commission meeting on
May 28, 2014, after public comment, MBCC and the City Commission agreed that
certain rental payments by Tristar would be placed in a trust fund to administer the
restoration work to the historic church building on Miami Beach; and
WHEREAS, once the City Commission was assured that the historic structure
would be secured, repaired, and maintained, the City Commission voted to rescind the
authoization to the City Manager to submit the petition for rehearing; and
WHEREAS, on June 5, 2014, pursuant to City Code Section ll8-537, MDPL
filed a Motion for Rehearing and sought rehearing of the HPB Order Granting Certificate
of Appropriateness. The HPB considered the Motion for Rehearing at a properly noticed
public quasi-judicial hearing on August 12,2014. The HPB voted four to three against
rehearing and the Order denying rehearing was rendered on August 18,2014 (the "HPB
Order Denying Rehearing"); and
WHEREAS, MDPL then sought review of the HPB's Order Denying Rehearing.
Pursuant to City Code Section 118-537(b), the appeal of this decision was heard by a
Special Master. The Special Master, Warren Bittner, after having reviewed the
arguments of the parties, entered a Decision and Order on October 31, 2014, which
reversed the August l8th HPB Order Denying Rehearing ("Special Master Decision and
Order"); and
WHEREAS, a dispute has arisen between the Parties with respect to the Special
Master Decision and Order and, as a result of that dispute, and to avoid damage and delay
in construction, MBCC and Tristar made a formal request for relief pursuant to Section
70.51, Fla. Stat. (the "Florida Land Use and Environmental Dispute Resolution Act" or
"FLUEDRA") and filed a Petition for Writ of Certiorari in the Circuit Court of the
Eleventh Judicial Circuit under Case No.: 14-473 AP [Lower Tribunal Case No: HPSM
14-003; HPB File No.: 74241 to preserve MBCC and Tristar's legal rights (the
"Lawsuit"); and
WHEREAS, under the FLUEDRA claim MBCC and Tristar allege a challenge to
the City's Special Master process, as well as allege violations of the Religious Land Use
and Institutionalized Persons Act of 2000 ("RLUIPA") or the Florida Religious Freedom
Confidential Settlement Draft
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Tristar
City
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FINAL DRAFT 2.25.2015
Restoration Act of 1998 (FRFRA), and the parties desire to resolve all possible claims,
past, present or future; and
WHEREAS, on February 17, 2015, in compliance with all notice requirements,
and pursuant to the requirements of Section 50.71, Florida Statutes, the parties held
mediation before Murray Greenberg, the Special Magistrate selected by the Parties (the
"Special Magistrate"), in which MBCC, Tristar, the City, and substantially affected
parties provided input to the process; and
WHEREAS, during the settlement
presented and the parties agreed to take
deliberation; and
conference a proposal for settlement was
the proposal to the City Commission for
WHEREAS, the settlement agreement delineated herein encompasses the
substantive discussions from the February 17,2015 settlement conference; and
WHEREAS, the Parties wish to fully, completely, and amicably settle and resolve
all potential claims and issues between them with respect to the Special Master Decision
and Order - with neither admitting liability or waiving a defense or claim - without
' incurring the needless costs and expense of litigation and/or further administrative claims
and proceedings under FLUEDRA; and
WHEREAS, the Parties prefer to avoid the uncertainties and expense of the
FLUEDRA proceedings and Lawsuit and instead desire to set forth in this Agreement,
without establishing precedent, the terms and conditions of the settlement of the dispute
and the Lawsuit, in exchange for the consideration described herein; and
WHEREAS, the Parties represent and warrant that they have the authority
necessary to enter into this Agreement and do so in accordance with all necessary
procedures; and
NOW THBREFORE, in consideration of the mutual covenants entered into
between the Parties, and in consideration of the benefits to accrue to each, the receipt and
sufficiency of which is hereby acknowledged, it is agreed as follows:
AGREEMENT
1. Recitals. The above recitals are true and correct and are incorporated
herein. All Exhibits to this Agreement are hereby deemed aparthereof.
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2. Statement of Intent. It is the intent of the Parties that this Agreement shall
resolve all disputes regarding the issuance of the Special Master Decision and Order.
3. No Admission of Liabilitv. It is understood and agreed that the claims
which are the subject of this Agreement are disputed claims and that the execution of this
Agreement by the Parties, and the exclusions set forth in this Agreement, are not intended
to, and shall not in any way, constitute or be deemed an express or implied admission or
acceptance of any negligence, misconduct, responsibility or liability by the Parties, or an
admission against interest by the Parties, and that the Parties expressly and specifically
deny all such claims. Such consideration is being given to reduce the expense,
uncertainties and hazards of litigation and to mitigate damages to each of the Parties.
There shall not be any implication by any trier of fact or law of any admission or
acceptance of liability or admission against interest by the Parties, and it shall not be used
against the City Releasors or the MBCC or Tristar Releasors in any attempt to prove any
future liability claims. In making this Agreement, neither the City, nor MBCC, nor
Tristar admit liability, negligence, or responsibility in any matter related to or arising
from the dispute at issue in the Lawsuit, this FLUEDRA proceeding, or any other
possible action based thereon.
4. Effective Date. This Agreement shall become effective only when all of
the following have occurred: (i) it is approved by the City Commission via an enabling
resolution at a public meeting; and (ii)- it is signed by the authorized agent of each Party.
5. Adiustment of the Special Master Decision and Order. The City agrees
that, upon this Agreement becoming effective, it shall adjust, supersede and annul the
Special Master Decision and Order (dated October 31, 2014), as authonzed by $
7 0.51(17)(a), Fla. Stat.
6. Compliance with HPB Order Granting Certificate of Appropriateness:
Buildine Permit. MBCC and Tristar agree to comply with all conditions set forth in the
HPB Order Granting Certificate of Appropriateness. The City acknowledges that MBCC
and Tristar may proceed to seek a full building permit ("the "Building Permit") based on
the HPB Order Granting Certificate of Appropriateness,- as well as the conditions in
Section 6 below.
7. Voluntary Proffer. MBCC and Tristar agree that the following shall
become conditions of the Building Permit:
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Tristar shall, at its sole cost and expense, submit a structural report prior
to submitting or as part of, its Building Permit application, regarding the
structural integrity of the historic church building. If deemed necessary
by the City's Building Department, at its sole and reasonable discretion,
the City may select and retain an independent consultant, which shall be
paid for by Tristar, to review Tristar's structural report. If it is
determined by the City's Building Department that it is necessary, based
upon the findings set forth in the foregoing report, the City consultant's
report, or other structural investigation by the City, the City shall
include a requirement as part of the Building Permit that Tristar shall
shore and stabilize the historic church building from the beginning of
construction through the issuance of the certificate of occupancy
("CO") for the new construction, or such other time frame as
determined by the City and, in any event, shall continue restoration
planning subject to Historic Preservation Board and/or Planning
Department staff approval.
Tristar shall utilize auger piles, or a similar method of construction, that
will have the least impact on the historic church building. Tristar shall
utilize seismic meters during the course of construction, and take steps
to ensure that no adverse impacts will result from the new construction
on the church structure.
C. Tristar shall modify the area on the second story of the new
construction, as depicted on the floor plan presented, to further offset
the second floor to the immediate east of the church building by
approximately one window bay, subject to review and approval of
Planning Department staff.
D. Upon release to MBCC of the escrow prepaid base rent under the
Ground Lease with Tristar, and prior to the City's issuance of the
Building Permit, the Church shall immediately set aside $2.5 Million in
an escrow account. Such escrowed funds shall be used exclusively for
the structural protection, repair and restoration of the historic church
building, and shall be subject to the escrow agreement to be negotiated
and executed between the City and MBCC (which will include audit,
reporting, and/or monitoring requirements).
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8. Dismissal of Lawsuit and FLUEDRA Proceedinss. The Lawsuit will be
stayed until the issuance of the Building Permit ("the date of issuance of the Building
Permit shall also be referred to herein as the Effective Date"). On the first business day
after the Effective Date, MBCC and Tristar shall file a Notice of Voluntary Dismissal
Without Prejudice of the Lawsuit, in the form substantially attached as Exhibit "A." The
Parties shall also take the appropriate steps to dismiss the FLUEDRA proceedings, and
issue a general release of claims to the City, through the Effective Date.
9. Construction. The language used in this Agreement will be deemed to be
the language chosen by all of the Parties to express their mutual intent, and no rule of
strict construction shall be applied against any Party. Any reference to any federal, state,
local or foreign statute or law shall be deemed also to refer to all rules and regulations
promulgated thereunder, unless the context requires otherwise.
10. Expenses. Tristar shall cover the City's expense for the Special
Magistrate, court reporters and transcription, associated with the attorney-clienVshade
sessions held relating to the underlying litigation. Except as otherwise specified, each of
the Parties will bear its own costs and expenses (including legal fees and expenses)
incurred in connection with the negotiation and consummation of this Agreement and the
transactions contemplated hereby.
I 1. No Third Partv Beneficiaries. Nothing in this Agreement, whether
express or implied, is intended to confer any rights or remedies under or by reason of this
Agreement on afiy persons other than the Parties hereto and their respective
administrators, executors, other legal representatives, heirs, successors, officers,
directors, owners, and permitted assigns. Nothing in this Agreement is intended to
relieve or discharge the obligation or liability of any third persons to any Party to this
Agreement, nor shall any provision give any third persons any right of subrogation or
action over or against any Party to this Agreement.
12. Indemnification of City. In the event that a third party challenge is
brought against the HPB Order Granting Certificate of Appropriateness, the FLUEDRA
proceedings, or this Agreement, or a challenge is brought to any necessary and
implementing action, or work or services, required and/or approved by the HPB Order
Granting Certificate of Appropriateness, the FLUEDRA proceedings, or this Agreement
(collectively, the "Challenges"), Tristar shall indemnify, defend, and hold the City, its
officers, employees, and agents, harmless from any and all costs, liabilities, claims,
losses, and damages (including without limitation, any reasonable attorneys' fees)-,
whether a lawsuit is instituted or not, relating to, resulting from, arising out of, or
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incurred in connection with any such Challenges (collectively, the "Claims"). For
purposes of this Section 12, a "Challenge" shall be broadly construed to not only include
a lawsuit, but shall also include any administrative, quasi-judicial, legislative, or other
action andlor proceeding that impedes the validity of the HPB Order Granting Certificate
of Appropriateness, the FLUEDRA proceedings, or this Agreement, or that impedes the
ability to promptly perform any necessary and implementing action, or work or services,
required andlor approved by the HPB Order Granting Certificate of Appropriateness, the
FLUEDRA proceedings, or this Agreement.
As part of the indemnification provided to City pursuant to this Section 12, Tristar
shall defend any and all Claims asserted against the City, its officers, employees, or
agents. Tristar shall be entitled to select counsel, which shall be mutually agreed upon
between them and further subject to approval of the City Attorney, prior to being
retained, such approval not to be unreasonably withheld, conditioned or delayed. The
duty to defend, as set forth in this paragraph, shall be severable and independent from the
indemnity obligations imposed by this Section 12, to the extent that if any provisions of
this Section are deemed invalid and/or unenforceable, this duty to defend shall remain in
fuIl force and effect.
The provisions of this Section 12 are intended to survive termination and/or
expiration of this Agreement.
13. Relationship of the Parties. The Parties hereto acknowledge that they are
separate and independent entities and nothing herein shall be deemed to create a joint
venture, association, partnership, agency or employment relationship between the Parties.
None of the Parties shall have the power to act in the name of, on behalf of, or incur
obligations binding upon any other Party. Neither Party shall acquire an interest in the
business or operations of the other by virtue of this Agreement. Furthermore, neither
Party endorses or warrants the activities of the other or their business, business practices,
projects, products, services, or other activities.
14. Consideration. The Parties agree that the consideration to them set forth
herein constitutes adequate and ample consideration for the rights and claims they are
waiving under this Agreement, and for the obligations imposed upon them by virtue of
this Agreement.
15. Release and Waiver of Claims. The following Releases shall be delivered
on the first business day after the Effective Date, and the Releases set forth in this Section
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are not effective until the Effective Date. In further consideration of the execution of this
Agreement, the Parties for themselves and their respective parent companies,
subsidiaries, divisions, affiliates, unit owners, insurers, officers, directors, agents,
employees, subcontractors, representatives, successors and assigns (the "City Releasors"
or "MBCC or Tristar Releasors" as the case may be), hereby execute, subject to the
conditions and exclusions set forth in this Agreement, the following Releases:
A. Upon the Effective Date, MBCC and Tristar Releasors hereby
remise, release, acquit, satisfy and forever discharge the City Releasors, which
throughout this settlement includes, but is not limited to, its affiliates,
Commissioners, insurers, sureties, directors, officers, employees, agents and
attorneys, together with its heirs, executors, administrators, associates,
representatives, successors and assigns, of and from any and all manner of past,
present and future claims, actions, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, obligations, damages, judgments,
costs, expenses, causes of action, executions, claims, liabilities, and demands
whatsoever, in law or in equity, whether for compensatory, punitive, or other
damages (collectively referred to in this Paragraph as the "Claims"), which MBCC
or Tristar's Releasors have held or now hold, ever had, now have, or which the
MBCC or Tristar Releasors, hereinafter can, shall or may have against the City
Releasors, for any and all Claims, whether known or unknown, arising from,
pertaining to and/or in any way relating to the underlying matter, for actions that
have occurred up to and including the Effective Date, including all building permit
actions, zoning actions, administrative determinations, litigation, etc.
B. In exchange for the consideration described in this Agreement,
MBCC, its agents, representatives, officers, directors, employees, attorneys,
affiliates, parents, subsidiaries, successors, and assigns, irrevocably, knowingly,
and voluntarily releases, waives, and forever discharges any and all claims,
demands, actions, or causes of action, of any kind whatsoever, known or
unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any
consequences thereof, which it has or may have against the City from the
beginning of the world until the Effective Date, in connection with the issuance of
the Special Master Decision and Order.
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C. In exchange for the consideration described in this Agreement,
Tristar, its agents, representatives, officers, directors, employees, attorneys,
affiliates, parents, subsidiaries, successors, and assigns, irrevocably, knowingly,
and voluntarily releases, waives, and forever discharges any and all claims,
demands, actions, or causes of action, of any kind whatsoever, known or
unknown, foreseen or unforeseen, foreseeable or unforeseeable, and any
consequences thereof, which it has or may have against the City from the
beginning of the world until the Effective Date, in connection with the issuance of
the Special Master Decision and Order.
D. In exchange for the consideration described in this Agreement, the
City irrevocably, knowingly, and voluntarily releases, waives, and forever
discharges any and all claims, demands, actions, or causes of action, of any kind
whatsoever, known or unknown, foreseen or unforeseen, foreseeable or
unforeseeable, and any consequences thereof, which it has or may have against
MBCC or Tristar, their agents, representatives, officers, directors, employees,
attorneys, affiliates, parents, subsidiaries, successors, and assigns, from the
beginning of the world until the Effective Date, in connection with the issuance of
the Special Master Decision and Order.
E. The mutual releases stated in this Section 15 above do not release
the Parties from their obligations under this Agreement.
F. EACH PARTY ACKNOWLEDGES, AGREES, AND
UNDERSTANDS THAT THIS RELEASE IS A FULL AND FINAL BAR TO
ANY AND ALL CLAIMS IN CONNECTION WITH THE ISSUANCE OF
THE SPECIAL MASTER DECISION AND ORDER THAT THEY HAD,
HAVE, OR MAY IN THE FUTURE HAVE AGAINST EACH OTHER
THROUGH THE EFFECTIVE DATE OF THIS AGREEMENT.
EACH PARTY HAS CONSULTED WITH AND HAS BEEN
ADVISED BY AN ATTORNEY PRIOR TO SIGNING THIS AGREEMENT.
16. Enforcement of Settlement Agreement. None of the Parties herein are
releasing their right to bring an action to enforce the terms of this Agreement. If any
legal action or other proceeding is brought for the enforcement of this Agreement or
because of any alleged dispute, breach, default or misrepresentation in connection with
any provisions of this Agreement, the prevailing party shall be entitled to recover
reasonable attorneys' fees, court costs and all expenses incurred in that action or
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proceeding, even if not taxable as court costs (including, without limitation, such fees,
costs and expenses incident to appeals), in addition to any other relief to which such party
may be entitled. Neither party shall be entitled to prejudgment interest. The City shall be
entitled to hire special litigation counsel, and as a prevailing party be entitled to seek the
attorneys' fees associated therewith at that outside counsel's prevailingrate.
17. Conflicts and Amendment of Prior Approvals. In the event of conflicts
between the terms of this Agreement, and/or a previously imposed condition of
development approval, the provisions of this Agreement shall control.
18. Severabilitv. If any provision of this Agreement may be construed in two
or more ways, one of which would render the provision invalid or otherwise voidable or
unenforceable and another of which would render the provision valid and enforceable,
such provision shall have the meaning which renders it valid and enforceable. If any
provision hereunder shall be held unenforceable by a court of competent jurisdiction,
then the remaining provisions of this Agreement shall continue in full force and effect
without being impaired in any way.
19. Survival. All covenants, agreements, representations and warranties made
herein or otherwise made in writing by any party pursuant hereto shall survive the
execution and delivery of this Agreement and the consurlmation of the transactions
contemplated hereby.
20. Waivers. The failure or delay of any Party at any time to require
performance by another Party of any provision of this Agreement shall not affect the right
of such Party to require performance of that provision or any other provision hereunder.
Any waiver by any Party of any breach of any provision of this Agreement should not be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver
of the provision itself or a waiver of any other right or remedy under this Agreement.
Notice to or demand on any Party in any circumstance shall not, of itself, constitute any
other or fuither notice or demand in similar or other circumstances. The rights, remedies,
powers and privileges herein provided are cumulative and not exclusive of any rights,
remedies, powers and privileges provided by law.
21. Complete Agreement. This Agreement, and all the terms and provisions
contained herein, including without limitation the Exhibits hereto, constitute the full and
complete agreement between the Parties hereto to the Effective Date with respect to the
matters expressly set forth herein, and supersede and control over any and all prior
agreements, understandings, representations, corespondence and statements, whether
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written or oral. Any provision of this Agreement shall be read and applied in
materia with all other provisions hereof.
22. Amendments. The provisions of this Agreement may not be amended,
supplemented, waived or changed, other than by a writing signed by the Parties, making
specific reference to this Agreement.
23. Captions. The section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, or describe the scope or
intent of this Agreement or any part thereof, or in any way affect this Agreement or
construe any article, section, subsection, paragraph or provision hereof.
24. Holidays. It is hereby agreed and declared that whenever a notice or
performance under the terms of this Agreement is to be made or given on a Saturday or
Sunday or on a legal holiday observed by the City, it shall be postponed to the next
following business day.
25. Public Purpose. The Parties acknowledge and agree that this Agreement
satisfies, fulfills, and is pursuant to and for a public and municipal purpose, and is in the
public interest, and is a proper exercise of the City's power and authority.
26. Notices. The Parties designate the following persons as representatives to
receive any notices with regard to this Agreement:
For the City:Jimmy L. Morales
City Manager, City of Miami Beach,
1700 Convention Center Drive
Miami Beach, Florida 33139
Raul J. Aguila, Esq.
City Attorney, City of Miami Beach,
1700 Convention Center Drive, Fourth Floor
Miami Beach, Florida 33139
Stephen T. Maher, Esq. and Roland A. Gallor, Esq.
Shutts & Bowen LLP
1500 Miami Center
201 South Biscalme Boulevard
Miami, FL 33131
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With a copy to:
For MBCC:
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For Tristar:John K. Shubin, Esq.
Shubin & Bass, P.A.
46 S"W. First Street, Third Floor
Miami, Florida 33130
And
Michael W. Larkin, Esq.
Bercow, Radell & Fernandez,P.A.
Wachovia Financial Center
200 S. Biscayne Boulevard, Suite 850
Miami, Florida 33131
27. Successors in Interest. The obligations and benefits of this Agreement
shall inure to all successors in interest to the Parties to this Agreement.
28. Further Assurances. The Parties agree to execute and deliver from time
to time such documents, and to perform all actions which may be necessary to effectively
and completely carly out the intended effect of this Agreement, including but not limited
to, Tristar's agreement to defend the Agreement from legal or administrative challenges,
as set forth in Section 12, hereof.
29. Exhibits. Each Exhibit referred to and attached to this Agreement is an
essential part of this Agreement. The Exhibits and any amendments or revisions thereto,
even if not physically attached hereto, shall be treated as if they are part of this
Agreement and incorporated herein.
30. Technical Amendments. In the event that due to minor inaccuracies
contained herein or any Exhibit attached hereto or any other agreement contemplated
hereby, or due to changes resulting from technical maffers arising during the term of this
Agreement, the Parties agree that amendments to this Agreement required due to such
inaccuracies, unforeseen events or circumstances which do not change the substance of
the Agreement, or prejudice any of the Parties, may be made and incorporated herein.
31. Bxecution. The execution, delivery, and perfofinance of this Agreement
have been duly and validly authorized by all necessary representatives of MBCC and
Tristar, and all necessary officials of the City. This Agreement constitutes, and when
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executed and delivered will constitute, a valid and binding obligation of the Parties
enforceable in accordance with the terms set forth herein. The Parties agree that this
Agreement may be executed in counterpart originals with the same force and affect as if
fully and simultaneously executed as a single original document. A facsimile or
electronic copy of this Agreement and any signatures thereon shall be considered for all
purposes as originals.
32. Florida Law. This Agreement shall be governed by, construed, and
enforced in accordance with, the laws of the State of Florida. Either of the Parties hereto
may enforce the terms of this Agreement in Miami-Dade County Circuit Court. The
Parties expressly agree to waive trial by jury in any action to enforce this Agreement.
33. Time is of the Essence. Time is of the essence for each and every
provision of this Agreement.
34. Preservation of Rights. The Parties further acknowledge and agree that
certain provisions of this Agreement will require the City and/or its boards, departments
or agencies, acting in their govemment capacities, to consider goveflrmental action as set
forth herein. The Parties acknowledge and agree that all such actions undertaken by the
City shall be undertaken in strict accordance with established requirements of the general
laws of the State of Florida and City ordinances or regulations. Nothing in this
Agreement or in the Parties' acts or omissions in connection herewith shall be deemed in
any manner to waive, limit, impair, or otherwise affect the authority of the City in the
discharge of its police power or govefirmental power expressly including the land use and
zoning power.
35.Mediation.
A. Before resorting to litigation, the parties agree to use
commercially reasonable, good faith efforts to resolve disputes
without litigation as hereinafter provided. In the event of a
dispute which the parties cannot resolve directly between
themselves within ten (10) days, the parties agree to submit to
non-binding mediation for up to a period of thirty (30) days after
either party sends written notice to the other party demanding
mediation (but no longer unless the parties mutually agree) to
resolve the dispute using an independent, trained mediator agreed
to by both parties. If the dispute remains unresolved after such
thirty (30) day period or if the parties cannot agree upon a
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mediator within fifteen (15) days after the demand for mediation,
either party may proceed to coilrmence litigation. The parties
shall equally split the cost of the mediator.
36. Each of the signatories hereto represents that he or she has authority to
execute this Agreement and to bind the Party on whose behalf he or she has signed.
IN WITNESS THEREOF, the Parties hereto have caused the execution of this
Agreement by their duly authoized officials as of the day and year first written above.
Signed, sealed and delivered in the presence of:
CITY OF MIAMI BEACH
By:
Phillip Levine
Mayor
ATTEST:
By:
Rafael E. Granado
City C1erk
STATE OF FLORIDA )
)SS
coLrNTY OF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of
, 2015, by Philip Levine, the MAYOR of the CITY OF MIAMI
BEACH, who is personally known to ffie, or who has produced
as identification.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
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APPROVED AS TO FORM AND
LANGUAGE & FOR EXECUTION
,r,',-R,J-0s,?- rar$
Raul J. Aguila, Esq.
City Attorney
Attest:Miami Beach Community Church, Inc.
By:By:
Print Name:Title:
Print Name:
STATE OF FLORIDA )
)SS
couNTY oF MrAMI-DADE )
The foregoing instrument was acknowledged before me this _ day of _,
I zot5, by , the of the Miami Beach
Community Church, Inc., who is _ personally known to me, or who has
produced as identification.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
th Beach Tristar, LLC
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Sou
By:-
Attest:
By:-
City
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Print Name:
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Title: Managing Partner
Print Name:
STATE OF FLORIDA )
)SS
couNTY oF MrAMr-DADE )
The foregoing instrument was acknowledged before me this day of _,
I zors, uy , the Managing Partner of South Beach Tristar,
LLC, who is personally known to ffie, or who has produced
as identification.
Notary Seal
Notary Public, State of Florida
Print Name:
My Commission Expires:
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Exhibit A:
I exniui++-
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SCHEDULE OF EXHIBITS
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r.-,.-"
I-r-
OFFICE OF THE CITY ATTORNEY
RAUL]. AGUILA, CITY ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
City Manager Jimmy Morales
FROM:
DATE:
SUBJECT:
1.
2.
Pursuant to the request of Commissioner Micky Steinberg, the attached
companion Resolutions are submitted for consideration by the Mayor and City
Commission. The proposed Resolutions will provide greater transparency, efficiency,
and meaningful participation by the members of the City Commission and the public
with regard to City Commission and Commission Committee meetings.
Resolution 1 amends the City Commission meeting agenda policy established in
Resolution No. 91-20421 with regard to the submission schedule for City Commission
meeting agenda items. This Resolution will amend the policy to require that sufficient
detail and information be provided in published City Commission agenda items so that
March 11,2015
Amend Commission Meeting Agenda ltems Policy And
Commission Commiftee Agenda Item Requirements.
A Resolution amending Resolution No. 91-20421to establish a policy that
items published in City Commission meeting agendas include sufficient
detail and information for the City Commission and the public to evaluate
the items in a reasonable and timely manner and clarifying the policy set
forth in Resolution No. 91-20421 regarding the submission schedule for
agenda items considered at City Commission meetings.
A Resolution amending Resolution No. 94-21382 concerning Commission
Committees, and as subsequently amended by Resolution Nos. 97-22607,
98-22693, 2003-25446, 2013-28437, and 2015-28905, by creating a new
paragraph 5 to establish a requirement that items published in
Commission Committee agendas shall include sufficient detail and
information for the Committee and the public to evaluate the items in a
reasonable and timely manner.
624
the City Commission and the public may evaluate the items in a reasonable and timely
manner. The Resolution will also clarify the policy with regard to the printing of City
Commission meeting agendas to conform to the current practice whereby agendas are
printed on Wednesdays instead of Fridays. Under the amended policy, the initial print
day of the agenda shall be "no later than" the Friday preceding a regularly scheduled
City Commission meeting.
Resolution 2 amends Resolution No. 94-21382, as subsequently amended by
Resolution Nos. 97-22607, 98-22693, 2003-25446, 2013-28437, and 2015-28905, to
create a new paragraph 5 establishing a requirement that items published in
Commission Committee agendas shall include sufficient detail and information for the
Committee and the public to evaluate the items in a reasonable and timely manner.
F:\ATTO\TURN\COMMMEMO\re City Comm Agenda Policy 2015 & Comm Committee Agendas 201 S.docx
625
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 91-20421 TO ESTABLISH A POLICY
THAT ITEMS PUBLISHED IN CITY COMMISSION MEETING
AGENDAS INCLUDE SUFFICIENT DETAIL AND
INFORMATION FOR THE CITY COMMISSION AND THE
PUBLIC TO EVALUATE THE ITEMS IN A REASONABLE
AND TIMELY MANNER AND CLARIFYING THE POLICY SET
FORTH IN RESOLUTION NO. 91.20421 REGARDING THE
SUBMISSION SCHEDULE FOR AGENDA ITEMS
CONSIDERED AT CITY COMMISSION MEETINGS.
WHEREAS, in orderto enable the City Commission to fully review, evaluate and respond to
matters requiring Commission action, it is vital that all such items be contained in Commission
agendas submitted to the Mayor and City Commissioners according to a submission schedule; and
WHEREAS, forpurposesof establishing uniformityinthesubmission of Commission agenda
items and in the compilation of said agendas, the City Commission passed and adopted Resolution
No. 91-20421 on December 18, 1991 which established a policy regarding the submission schedule
for items submitted for City Commission consideration at City Commission meetings; and
WHEREAS, pursuantto Resolution No. 91-20421,the City Commission established a policy
that "... items for Commission consideration shall be published in an agenda and submitted to the
Mayor and City Commissioners on or before the Fridays preceding regularly scheduled City
Commission meetings, and in those instances when a meeting is specially set, submission shall be
at least three working days prior to said meetings, with the further requirement that any item not
meeting this submission schedule shall be discussed at a City Commission meeting only upon a
finding by the Commission by a five-sevenths affirmative vote that such item constitutes an
'emergency matter' and should be considered immediately"; an emergency matter was further
"defined as a matter which, if delayed to a subsequent meeting, may be prejudicial or detrimental to
the best interests of the City of Miami Beach"; and
WHEREAS, the City Commission wishes to amend the policy established in Resolution No.
91-20421 to provide that items published in City Commission meeting agendas shall include
sufficient detail and information for the City Commission and the public to evaluate the items in a
reasonable and timely manner in order to provide greater transparency, efficiency, and meaningful
participation by the members of the City Commission and the public; and
WHEREAS, due to the current practice of printing the City Commission meeting agendas on
Wednesdays instead of Fridays, the following clarification should also be made to the policy set forth
in Resolution No. 91-20421, in addition to the aforestated amendment, as follows:
... items for Commission consideration shall be published in an agenda.
shall include sufficient detail and information forthe Citv Commission and
the public to evaluate the items in a reasonable and timelv manner, and
be submitted to the Mayor and City Commissioners on or before the
f*geys+reeeAmg initial print dav of the aoenda, which shall be no later
than the Fridav precedino a regularly scheduled City Commission
626
mee+ings meetinq, and in those instances when a meeting is specially set,
submission shall be at least three working days prior to said m€€tiflgs
meetino, with the further requirement that any item not meeting this
submission schedule shall be discussed at a City Commission meeting
only upon a finding by the Commission by a five-sevenths affirmative vote
that such item constitutes an "emergency matte/' and should be
considered immediately ... .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEAGH, FLORIDA, that the Mayor and City Commission hereby amend
Resolution No. 91-20421 to establish a policy that items published in City Commission meeting
agendas shall include sufficient detail and information for the City Commission and the public to
evaluate the items in a reasonable and timely manner, and hereby further clarifies the policy
regarding the submission schedule for agenda items considered at City Commission meetings as
set forth herein.
PASSED and ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\TURN\RESOS\City Comm Agenda Policy 201 5.doc
627
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING
RESOLUTION NO. 94-21382 CONCERNING COMMISSION
COMMITTEES, AND AS SUBSEQUENTLY AMENDED BY
RESO LUTT ON N OS. 97 -22607, 98 -22693, 2003-25446, 201 3 -
28437, AND 2015-28905, BY CREATING A NEW
PARAGRAPH 5 TO ESTABLISH A REQUIREMENT THAT
ITEMS PUBLISHED IN COMMISSION COMMITTEE
AGENDAS SHALL INCLUDE SUFFICIENT DETAIL AND
INFORMATION FOR THE COMMITTEE AND THE PUBLIC TO
EVALUATE THE ITEMS IN A REASONABLE AND TIMELY
MANNER.
WHEREAS, pursuant to Resolution No. 94-21382, the City Commission established City
Commission Committees to examine facts and issues relating to matters relating to land use and
development, capital improvements and finance, and community issues; and
WHEREAS, over the years, various amendments have been made to Resolution No. 94-
21382 by Resolution Nos. 97-22607,98-22693, 2003-25446,2013-28437, and 2015-28905 to
amend the provisions for City Commission Committees relative to membership, participation,
purpose, the selection of chairpersons and vice chairpersons, and the calling and holding of
meetings; and
WHEREAS, the Mayor and City Commission wish to provide agenda requirements for the
City Commission Committees, as set forth herein, to provide greater transparency, efficiency, and
meaningful participation by the Committee members and the public on matters coming before City
Commission Committees.
NOW, THEREFORE, BE tT DULY RESOLVED BY THE MAYORAND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
l. That Resolution No. 94-21382, as subsequently amended by Resolution Nos. 97-
22607, 98-22693, 2003-25446, 20 1 3-28437, a nd 20 1 5-28905 i s here by a m en d ed as
follows:
1. Four (4) Committees shall be established to examine in depth facts and
issues relating to matters in which the Mayor and City Commission may need
to act and to advise the Mayor and City Commission of their findings and
their recommendations relating to those matters. The four (4) Committees
shall be as follows and shall generally have the following purposes:
a. the Land Use and Development Committee shall hear matters related
to planning and zoning issues and issues related to specific public
and/or private development projects;
b. the Finance and City-Wide Projects Committee shall hear issues
related to municipal finance and City-wide capital improvements
628
projects;
the Neighborhood/Community Affairs Committee shall address
issues related to the quality of life, including improvement programs
relating to the various neighborhoods throughout the City and shall
address issues of concern or interest to the Miami Beach community;
and
the Sustainability and Resiliency Committee shall address issues
related to general environmental improvement trends, sustainable
development, and green initiatives.
Each Committee shall have three (3) voting members who shall be
comprised of members of the City Commission selected by the Mayor. ln
addition, each Committee shall have an alternate member selected by the
Mayor, provided, however, that the Mayor may serve as one of the three (3)
members of any Committee or may serve as the alternate member on any
Committee on which the Mayor does not serve as a member. ln the event
that one or more of the three (3) members comprising a specific Committee
are not present at a Committee meeting, the alternate member may
participate and vote on any issue before his or her designated committee
and may serve for purposes of establishing a quorum. lf the alternate
member is unable to serve, the Mayor may serve as the alternate member
(provided, however, that the Mayor is not already serving as a member, or
alternate member, of such Committee). Notwithstanding the above, City
Commission members who are not Committee members, or serving as an
alternate member in the place of an absent Committee member, may
participate in the discussion of any issue before any Committee.
The Mayor shall appoint a chairperson and vice chairperson for each
eQommittee. The term of service for each chairperson or vice chairperson
shall be one year.
4. Meetings shall be held when called by the chairperson, or in his /her
absence, by the vice chairperson and shall be held in the City Commission
Chambers unless the chairperson or, in his/her absence, the vice
chairperson determines that good cause exists for the holding of a meeting in
another location. ln addition, meetings shall be video and audio recorded
and shall be broadcast live on the Miami Beach cable channel or videotaped
for posting on the City's website within a reasonable time following the
conclusion of the meeting.
5. ltems published in Committee asendas shall include sufficient detail and
information for the Committee and the public to evaluate the items in a
reasonable and timelv manner.
c.
d.
2.
3.
629
Notwithstanding the foregoing, the Mayor and City Commission reserve the right to assign such
other matters they may deem appropriate, to be addressed by one or all of the aforestated
Committees.
PASSED and ADOPTED this _ day of March, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
(-IJIJDote'
l,
F:\ATTO\TURN\RESOS\Commission Committee agendas 201 5.doc
630
631
R7 - Resolutions
R7Q A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New
Employment Agreement With City Manager Jimmy Morales For A Four (4) Year Term,
Commencing On April 1 , 2015, And Ending On March 31, 2019; Further, As Provided
Under The City Manager's Current Employment Agreement, Approving The City
Manager's One-Time, Non-Pensionable Performance lnitiative, To Be Awarded On
March 31,2015.
(Office of the City Attorney)
(ltem to be Submitted in Supplementa!)
Agenda ttem H? d.
Date 3-ll-/f632
THIS PAGE INTENTIONALLY LEFT BLANK
633
COMMISSION ITEM SUMMARY
Condensed Title:
Accept Neighborhood/Community Affairs Committee Recommendation to Approve the Conceptual
Plan of the Park Design for the Former Par 3 Golf Course And Authorize Administration to lssue an
RFQ for Final
T:\AGENDA
AGENDA ITEM R1 R
lncrease satisfaction with neighborhood character
Supporting Data (Surveys, Environmental Scan, etc
Just under four out of five residents (77%) rated the quality of life in Miami Beach as excellent or good
Item Summary/Recommendation :
On April 30, 2014, the City Commission adopted Resolution #2014-28584, changing the use and
designation of the Par 3 Golf Course into a passive park with recreational elements. Following
adoption of the resolution, the Planning Department was tasked with developing a conceptual design
plan for the park project.
On January 30, 2015, staff from the Planning Department presented a conceptual plan to the
Neighborhood/Community Affairs Committee (NCAC). lf approved by the City Commission, the
conceptual plan will be utilized as the basis for the formal design process to finalize the master plan
for the park project. Furthermore, the Administration will develop a Request for Qualifications (RFQ)
for formal design services to develop a final design plan.
Administration recommends that the City Commission accept the recommendation of the NCAC at its
January 30, 2015 meeting and authorize Administration to utilize the conceptual plan as a basis to
prepare a Request for Qualifications (RFQ) for final design.
On January 30,2015, the NCAC recommended approving the proposed conceptual plan as a basis
to prepare the finaldesign.
Financial !nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Glerk's Office
Orygrt9rytDirggtar A$sistttfiity Managgr 3ity Manager
-/ JOnn h€Dar ffi A'f/\
rmy L. Morales
,V01S\March\Parks and Recreation\Accept NCAC Former Par 3 Proposed Park Proje{t - $UMMARY FTNAL JR.docx
\/
MIAMIBEACH orre 3-l(- lf634
g MIAMI BEACH
City of Miomi Beoch, ,1700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: March 11, 2015
SUBJECT: A RESOLUTION OF THE MAVDR AND CITY COMMISSION OF THE
CITY OF MIAMI BEAC , FLORIDA ACCEPTING THE
RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY
AFFAIRS COMMITTEE AT ITS JANUARY 30, 2015 MEETING AND
ACCEPTING THE CONCEPTUAL PLAN AS THE BASIS FOR FINAL
DESIGN FOR A PROPOSED NEIGHBORHOOD PARK LOCATED
AT THE FORMER PAR 3 GOLF COURSE, 2795 PRAIRIE AVENUE,
MIAMI BEACH, FLORIDA 33140, AND AUTHORIZING THE
ADMINISTRATION TO PURSUE A REQUEST FOR
QUALTFTCATTONS (RFa) FOR A DEStcN CONSULTANT TO
FURTHER DEVELOP THE INITIAL DESIGN ELEMENTS AND
FINALIZE THE MASTER DESIGN PLAN FOR THE PROPOSED
PARK PROJECT
BACKGROUND
On April 30, 2014, the City Commission held a duly noticed public meeting to consider
changes in designation, use, and modification to the plans, approved for the Par 3 Golf Course
located at 2795 Prairie Avenue. By a 6/7ths vote, the City Commission adopted Resolution
#2014-28584, changing the use and designation of the Par 3 property into a passive park with
recreational elements.
Following the April 30, 2014 City Commission meeting, the City's Planning Department was
tasked with developing a conceptual design for the newly designated park project on the
former Par 3 Golf Course property. On December 17 , 2014, a discussion item was referred to
the Neighborhood/Community Affairs Committee (NCAC) to provide a status update of the
project. Representatives from the Planning Department presented their conceptual design,
(currently being referred to as the Banyan Tree Park Project), to the NCAC at its regularly
scheduled meeting on January 30, 2015.
The key components of the conceptual plan include the development of an appropriate range
of spaces and facilities for general and passive recreation, such as, open play areas, walking
paths, landscape areas, etc.; maintaining certain elements of the existing topography and
providing accessibility to the neighboring community. Planning Department staff utilized
examples of various park elements from various well-known parks throughout the country and
incorporated these elements into the conceptual design. They also worked closely with
representatives from the Police Department to ensure that the design contemplated securlty
elements that would ensure safety for park visitors and the neighboring community.
635
City Commission Memorandum -Conceptual Design of former Par 3 Golf Course Project
March 11,2015
Page 2 of 2
The conceptual plan includes the following key elements:o Entrances into the park from main street and direct access from neighborhoodo Main entrance that is aligned with 25th Street and includes a promenade with a
large water fountain. Northwest entrance will include view of existing hill and will create a buffer to
the surrounding neighborhoodo Various entrances from the surrounding neighborhood. Water Featureso Aerated Lakeso Waterfallwith shaded waterslide located in the main entrance promenade. Wetlands (maintained to help purify and clean water)r Educational components to encourage learning and love for natureo Boardwalk connector to walk around and enjoy the beauty of the park with a separate
boardwalk loop located around the historic Banyan Treeo Tennis courts located near Miami Beach High Schoolo Main Plaza surrounded by natural gardens (i.e. Yoga, Zen and Butterfly Gardens)o Restroomso Additional parking areao Public art opportunities. Lighting features throughout the park, providing unique spaces and seating areas for
the public to enjoyo Pavilionso Children's Play Area
o Splash PadMater Feature area. Playground facilities which are enclosed and located away from street. With
access to the Scott Rakow Youth Center (SRYC)r Vita Course. Open greenspace and beautiful landscaping. Dog Park
The NCAC unanimously approved the conceptual plan, yet emphasized that they supported
the proposed plan on a macro level to serve as the basis of conversation for the initial steps of
the public planning process. The NCAC directed the Administration to present the plan to the
City Commission for a more in-depth discussion. Should the City Commission accept the
recommendations of the NCAC to approve the conceptual design of the park, then the
Administration will be instructed to utilize the conceptual plan as a basis to prepare a Request
for Qualifications (RFO) for final design.
CONCLUSION
The Administration recommends that the City Commission accept the recommendation of the
NCAC at its January 30, 2015 meeting and authorize Administration to utilize the conceptual
plan as a basis to prepare a Request for Qualifications (RFO) for final design.
JLM/JMr/r
Attachment
T:\AGENDAV01S\March\Parks and Recreation\Accept NCAC Former Par 3 Proposed Park Project - MEMO Final.docx
636
RESOLUTION TO BE SUBMITTED
637
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
638
r.e..-.
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
From: Rafael E. Granado, City Clerk
Date: March 11, 2015
Subject: BOARDS AND COMMITTEES
ADMINISTRATION RECOMMENDATTON :
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.
BOARD OR COMMITTEE:TOTAL MBRS.APPOINTED BY:
City Commission
TOTAT VAC Page #
2AffordableAdvisory Committee
Budget Advisory Committee 9 City Commission
1B B
2 7
Committee on the Homeless Commissioner Deede Weithorn 10
Review Board City Commission ?
4
1
1Access Committee
Gay, Lesbian, Bisexual and Transgender
(GLBr)
15
1
1
7
t4
15
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Health Advisory Committee 1611City Commission
Historic Preservation Board City Commission 19
Housing Authority Mayor Philip Levine
Marine and Waterfront Protection Authority Mayor Philip Levine
Commissioner Deede Weithorn
Commissioner Ed Tobin
t4 1
1
1
2t
2t
2t
Miami Beach Commission For Women 2t Commissioner Ed Tobin
Mayor Philip Levine
2
1
25
25
Miami Beach Cultural Arts Council 11 City Commission
Miami Beach Human Rights Committee 10 City Commission
Date _3:lL-!5-
Agenda ltem R?A
639
Normandy Shores Local Government
Neighborhood Improvement
City Commission 31
Planning Board City Commission
Transportation, Parking, Bicycle-Pedestrian
Facilities Committee
Mayor Philip Levine
Mayor Philip Levine
Commissioner Ed Tobin
640
VACANCY REPORT
Affordable Housing Advisory Committee
Budget Advisory Committee
Design Review Board
Health Advisory Committee
H istoric Preservation Board
Miami Beach CulturalArts Council
Miami Beach Human Rights Committee
Normandy Shores Local Government Neighborhood
lmprovement
Planning Board
8
2
2
5
1
2
2
3
18
9
7
11
7
11
10
3
7
Committee on the Homeless
Gay, Lesbian, Bisexual and Transgender (GLBT)
Marine and Waterfront Protection Authority
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
1
2
1
9
15
14
14
21
8
Disability Access Committee
Housing Authority
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Production lndustry Council
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
1
1
1
1
1
5
14
21
7
8
Monday, March 02,2015
641
Boards and Committees Current Members
Ad Hoc Committee Centennial Celebration 2014-28531
Composition:
The members of this Ad-Hoc Commitee shall have the duty to provide ideas and recommendations pertaining to all matters with
respect to events and activities related to the City of Miami Beach Centennial on March 26,2015, and who shall report to and
receive direction from the City Commission, and which shall be comprised of seven (7) members who are direct appointments by
the Mayor and City Commission with terms of membership to begin on July 31 , 2013 and expiring on July 31 , 2015 (subject to
earlier or later sunset by the City Commission). Pursuant to Resolution 2014-28531adopted on March 5,2014, the committee
was extended through July 31 ,2015.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Carmen
(Maria)
Dawn
George
Jay
Ray
Reagan
Sheila
Lopez
McCall
Neary
Dermer
Breslin
Pace
Duffy-Lehrman
07t31t2015
07t31t2015
07t31t2015
07t31t2015
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Deede Weithorn
Commissioner Jonah M.
Wolfson
0713'112015 CommissionerMichaelGrieco
0713112015 Mayor Philip Levine
0713112015 Commissioner Ed Tobin
Applicants
Brian Falk
Dr. Barry Ragone
MerylWolfson
Applicants
Dennis Mouyios
Lisa Almy
Friday, February 27, 201 5 1 of41642
r.-..-.---=:=:--
Boards 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 Commissioner.
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 development target area for a minimum of six months.
The remaining eleven (1 1) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
One citizen:
1. 9n" citizen actively engaged in the residential home building industry in connection with affordable housing;
?. 9n" citizen actively engaged in the banking or moilgage 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 witi affordable
housing;
1. 9n" citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
!. 9n" citizen actively engaged as a for-profit provider of affordable housing;
Q. one citizen actively engaged as a not-for-profit provider of affordable housing;
Z. 9n" citizen aclively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.5174 (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;
1 1. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
lf the City, due to the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint
a citizen actively engaged in these activities in connection with affordable housing, a citizen engaged in the activity without
regard to affordable housing may be appointed.
City Liaison: Richard Bowman
Vacancy:
Vacant
To replace Muayad Abbas
To replace Stephanie Berman
To replace Jeremy Glazer
To replace Frank Kruszewski
To replace Juan Rojas
To replace Robert Saland
To replace David Smith
Members:
(1 1) Represents Essential
Services Personnel
(5) For Profit Provider
(6) Not for Profit
(4) Low-lncome Advocate
(8) Actively Serves on Local
Planning Agency
(2) Actively Engaged in
BankingiMortgage lndustry
(1 ) Residential Home Building
(3) Represents Areas of Labor
ln Connection with Affordable
Housing
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
02t24t2012
12t31t2018
12t31t2016
12t31t2014
Friday, February 27, 201 5
Position/Title:First Name Last Name Term Ends:Appointed by:Term Limit:
Alexander
Jane
Orlofsky
Hayes
12t31t2015
12t31t2015
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2021
2of41643
r.-r.-r
I--
Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Henup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
(7) Real Estate Professional
1213112015 CommissionerJoyMalakoff
1213112016 Commissioner Ed Tobin
1213112015 CityCommission
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CityCommission
12t31t2021
12131t2022
12t31t2015
12t31t2021
12t31t2022
't2131t2021
12t31t2021
12t31t2019
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Lawrence Raab
Stephanie Berman
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Prakash Kumar
Friday, February 27, 2015 3of41644
r.-!.-,------
Boards and Committees Current Members
Art in Public Places Committee Sec.82-561
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to be appoinled 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, artisticltructure design andother appropriate art media for display or integration in public places.
City Liaison: Dennis Leyva
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Cathy
Chana
Janda
Megan
Ombretta
Patricia
Susan
Byrd
Sheldon
Wetherington
Riley
Agro Andruff
Frost
Caraballo
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
12t31t2019
12t31t2019
12t31t2016
12t31t2016
12t31t2019
12/31t2019
12t31t2018
Applicants
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francis Trullenque
Laura Levey
MichaelMcManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Applicants
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Francinelee Hand
Keren Bajaroff
Leslie Tobin
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Friday, February 27, 201 5 4of41645
r.-,
I-
Boards and Committees Current Members
Audit Committee FS 218.391 & 2'18.39
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 seiecting an auditor to
conduct the annual financial audit required in FS 218.39; however, the Audit Committee may serve other audit oversight
purposes as determined by the entity's governing body.
Under FS 218.391 the committee shall:
1. Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm;
2. Evaluate proposals provided by qualified firms; and
3. Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the
required services.
City Liaison: James Sutter
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Arthur
Dana
Deede
Marc
Michael
Ronald
Sandford
Unger
Kaufman
Weithom
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
12t31t2017
12t31t2015
12t31t2015
12t31t2017
12t31t2015
12t31t2017
12t31t2015
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Deede Weithom
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
FS.218.391
Friday, February 27, 201 5 5of41646
Boards and Committees Current Members
Board of Adjustment RSA l-2 Sec 118-131
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 mLmbersiepresenting the
professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member
representing general business shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Plannel, 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 5/7th 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:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Barton
Bryan
Heidi
Larry
Noah
Richard
Richard
Goldberg
Rosenfeld TL
Tandy
Colin
Fox
Preira
Baron
Financial Advisor
CPA
At-Large
Genereal Business
Real Estate Developer
Law
At-Large
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1i,31t2019
12t31t2015
12t31t2019
12t31t2019
12t31t2018
12t31t2016
12t31t2019
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
GabrielPaez
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Ray Breslin
Richard Alhadeff
Seth Frohlich
Applicants
Bradley Colmer
David Wieder
Frank DelVecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
MichaelSteffens
Nelson Fox
Ray Breslin
Roberta Gould
Victor Ballestas
Friday, February 27, 201 5 6of41647
-.-,.-.---
Boards and Committees Current Members
Budget Advisory Committee Sec.244
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 "Ag6nda - Agenda Archivis" website is
located at http://miamibeachfl . gov/cityclerUscroll.aspx?id=724g7
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
Vacancy:
To replace Marc Gidney
To replace Brian Harris
Members:
CPA
Financial Advisor
1213112016 CityCommission
City Commission 12t31t2019
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
David
Dushan
Jack
John
Jonathan
Julio
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
1213112016 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMatakoff
1213112015 CommissionerMichaelGrieco
1213112016 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
12131t2018
12t31t2015
12t31t2015
12t31t2016
12t31t2022
12t31t2021
12t31t2021Ronald Starkman 12t31t2016 Commissioner Micky Steinberg
Applicants
Brian Harris
CarlLinder
Elliott Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Stephen Zack
Applicants
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
MichaelLevine
Noah Fox
Robert Schwartz
Monday, March 02,2015 7of41648
r.-,.-,---I--
-.::..""..::_---_-t-jj:
Boards and Committees Current Members
Committee for Quality Education in Miami Beach Sec.2-190.134
Composition:
The Committee shallconsist of fifteen (15) voting members and three non-voting ex-officio members to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-8 Center,
South Pointe Elementary,
Nautilus Middle School,
Miami Beach High School,
Ruth K. Broad K-8 Center,
Treasure lsland Elementary School,
and seven (7) members of the public with knowledge or expertise with regard to education issues who shall be direct
appointments by the Mayor and City Commissioners with no more than three who can be employed or contracted by Miami-Dade
County public schools.
The City Commission shall designate two (2) of its members to serve as City Commission liaisons, who shall report to the City
Commission actions of the Committee for Quality Education. The City Manager shall further designate a member of City staffio
serve as a liaison who shall report the committee's actions to the city Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Members:
City Commission Designee
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Betsy
Beverly
Judith
Karen
Marina
Richard
Tiffany
Beth
Elisa
lvette
Jessica
John
Rosa
Shelley
Mateu
Heller
Berson-
Levinson
Rivo TL
Aviles
Hull
Heckler
Edwards
Leone
Birba
Burns
Aleman
Neely
Groff
12t31t2016
12t31t2015
12t31t2016
't2t31t2015
12t31t2016
12t31t2016
12t31t2015
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Deede Weithom
Commissioner Michael Grieco
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2016
12t31t2021
12t31t2015
12t3',U2022
12t31t2022
12t31t2018
PTA Representative-Nautilus
Middle School 06.30.15
PTA Rep. - Biscayne
Elementary 06.30.14
PTA Rep.-Feinberg Fisher K-8
06.30.15
PTA Rep. South Pointe
Elementary 6.30.15
PTA Rep. -North Beach
Elementary School 06.30.1 5
PTA Rep. -Treasure lsland
Elementary 06.30.14
PTA Rep.- Miami Beach Sr.
High School06.30.15
Friday, February 27, 201 5 8of41649
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Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Dr. Elsa Orlandini
Keren Bajaroff
Laurie Kaye Davis
Oppenheimer PTA Rep. - Ruth K. Broad K-8
Applicants
Joanna-Rose Kravitz
Kristen Rosen Gonzalez
Tashaunda Washington
Friday, February 27, 201 5 9of41650
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-.:- _::.'1l-.-'
Boards 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;
_ Civlc Representation: North Beach (North Beach Development Corporation), 41st Street (Middle Beach Partnership), Lincotn
Road(Marketing Council), Washington Avenue (Miami Beach Development Corporation andior Washington Avenue Taik Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South Pointd (South pointe Advisory
Board to the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
l.j"A Coordinator (ESG Emergency Shelter Grant Provider), City officials, represeniative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfi nkel
Vacancy:
To replace Rachael Zuckerman
Members:
1213112015 CommissionerDeedeWeithorn 12t3112017
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Monica
Kohli
Nagler
Schwartz
Funes
Hanis
Kroner
Leser
Fluke
12t31t2016
12t31t2015
12t31t2015
12131t2016
12t31t20',t6
't2t31t2015
12t31t2016
Commissioner Joy Malakoff
Mayor Philip Levine
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2017
12t31t2021
12t31t20221213112015 Mayor Philip Levine
Applicants
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Zeiven Beitchman
Applicants
Eda Valero-Figueira
MaguiBenitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Friday, February 27, 2015 10 of 41651
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I-
Boards and Committees Current Members
Convention Center Advisory Board Sec.246
Composition:
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non-
voting ex-officio member.
The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a
non-voting ex-officio member.
Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City
Manager's office shall serve as non-voting ex-officio members.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
David
Elizabeth
Kahn
Resnick
Levy
Hollander
Jacqueline Hertz
Jared Galbut
Michael Goldberg
Roger Abramson
Tony Rodriguez
Ita Moriarty
1213112016 Commissioner Ed Tobin
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithom
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerJoyMalakoff
1213112015 Mayor Philip Levine
12t31t2022
12t3112020
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
Joshua
Matt
Ex-officio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-officio, Global Spectrum
Admin. Rep.
Applicants
Barbara Gotlinsky
Howard Weiss
Karen Brown
Lawrence Raab
Mark Wohl
MichaelBemstein
Victor Ballestas
Applicants
CarlLinder
James Weingarten
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Friday, February 27, 2015 11 of 41652
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I--
=::=-,.'at -..,..
Boards and Committees Current Members
Design Review Board
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members shall consist of:
1. Two architects registered in the United States;
2. An architect registered in the State of Florida or a member of the faculty of the school of architecture, urban planning, or urban
design in the State, with practical or academic expertise in the field of design, planning, historic preservation or the hisiory 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 professional practicing in the fields of architectural or urban design, or urban
planning, or a resident with demonstrated interest or background in design issues; or an attorney in good standing licensed to
practice law within the United States; and
5. Two citizens at-large.
One person appointed by the City Manager from an eligibility list provided by the Disability Access Committee shall serve in an
advisory capacity with no voting authority. The Planning Director or designee, and the City Attorney or designee, shall serve in an
advisory capacity.
Residency and place of business in the county. The two (2) citizens at-large members, one of the registered landscape
architects, registered architects, professional designers and/or professional urban planners shall be residents of the iity.
City Liaison: Deborah Tackett
Sec. 118.71
Vacancy:
Vacant
To replace Vincent Filigenzi
To replace Edgar Sarli
Members:
Ex-Officio/Disabil ity Access
Committee
Landscape Architect
Faculty Position
City Commission
City Commission
12,31t2015
12t31t2016 12t31t2019
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Annabel
Carol
Elizabeth
John
Kathleen
Eve
Thomas
Delgado-
Hanington
Housen
Camargo
Turchin
Phang
Boutsis
Mooney
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
12t31t2019
12t31t2019
12t31t2019
Registered Architect
At-large
Registered Architect
At-Large
Attorney
Advisory/City Attomey
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
Deborah Castillo
Francinelee Hand
Friday, February 27, 201 5
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Kahn
Deena Bell
Jean-Francois Lejeune
12 of 41653
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Boards and Committees Current Members
Jeffrey Cohen
Jennifer Lampert
Joseph Furst
Matthew Krieger
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Morales
Jeffrey Feldman
Jessica Conn
Marina Novaes
MichaelSteffens
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Ballestas
Friday, February 27, 201 5 13 of 41654
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Boards and Committees Current Members
Disability Access Com mittee
Composition:
The Committee shall be composed of:
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality restaurant or hotel), and health care (or rehabilitation).
5) O1e non-voting ex-officio member who is either a member of the disabled community or has special knowledge of Americans
with Disabilities Act (ADA) issues.
As per Ordinance 2011-3731, 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 accessibility 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.
City Liaison: Valeria Mejia
Vacancy:
To replace Susana Maroder-
Rivera
Members:
Commissioner Micky Steinberg 1210312021
2006-3500 s 2-31
Firct 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
New TL
McCauley
Orlandini
Solman
Swartz
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2016
Commissioner Deede Weithom
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
1213112015 Commissioner Ed Tobin
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
12t31t2015
12t31t2020
12t3112021
12t31t2019
12t31t2018
12t31t2021
12t31t2021
12t31t2022
12t31t2020
12t31t2021
12t31t2019
12t31t2017
12t31t2016
Applicants
Allison Stone
Jarred Relling
Zachary Cohen
1213112016 Mayor Levine
Applicants
Britta Hanson
RafaelTrevino
Friday, February 27, 201 5 14 of 41655
r.-L .-.r--
Boards and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT)
Composition:
The Committee shall consist of fifteen (1 5) 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 sentenie, the initial
membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development
Committee, choosing to serye 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
Members:
1213'112015 CommissionerDeedeWeithorn 12131t2018
Ord. 2009-3635
First 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
Schwartz
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Barker
12t31t2016
12t31t2019
12t31t2017
12t31t2021
12t31t2016
12t31t2021
12t31t2022
12t31t2021
'12t31t2017
12t31t2016
12t31t2021
12t31t2017
12,31t2016
12t31t2016
1213112016 Commissioner Ed Tobin
1213112015 Commissioner Jonah M.
Wolfson
1213112016 CommissionerJonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112016 CommissionerDeedeWeithorn
Applicants
Eric Hirsch
Karen Brown
RafaelTrevino
Ronald Wolff
Stephen Fox, Jr.
Walker Burttschell
'1213112015 CommissionerJoyMalakoff
Applicants
Janed Relling
Otiss (Arah) Lester
Rebecca Boyce
Ronald Wolff
Steven Adkins
Friday, February 27, 201 5 15of41656
r.-..-.
I--
Boards and Committees Current Members
Health Advisory Committee Sec.2-81 2002-3358
Composition:
Eleven (1 1) 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 Sihai Medical Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Heatth 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 shallbe consumers consisting of:
1. One (1) individual from the corporate level and;
2. One (1) private individual;
One member shall be a physician or an individual with medical training or experience.
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health
Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's
Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant
Vacant
To replace Dr. David Farcy
To replace Anthony Japour
To replace Dr. Daniel Nixon
To replace Rachel Schuster
To replace Steven Sonenreich
Members:
Ex-Officio Fire Rescue
Department
Ex-Officio, Miami-Dade County
Health Department
Private lndividual 1213112015
ACLF
Corporate lndividual 1213112015
ACLF
CEO, Mt. Sinai Medical Center
(NrL)
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
12t31t2019
12t31t2016
First Name Last Name Positon/TiUe:Term Ends:Appointed by:Term Limit:
Maura
Shiffman
Dr. Todd
Jeremy
Mark
Richard
Stacey
Tobi
Maria
Narson
Green
Rabinowitz
Cuello-Fuentes
Kruger
Ash TL
Ruiz
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12131t2022
12t31t2016
12t31t2015
Ex-Officio Health Council of
South Florida Representative
Health Provider
Physician
CEO, Miami Beach Community
Health
Physician
Physician
Nursing Profession
Ex-Officio, Director of
Children's Affairs
Applicants
Christine Butler
Kara White
Zachary Cohen
Monday, March 02,
Applicants
Jared Plitt
Michael Hall
2015 16 of 41657
r.-,.-,---r--
Boards 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 serve as a non-voting advisor to the Authority. Memberc shall be residents of
the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Vacancy:
Vacant
Memb6rc:
Chairperson, Health Advisory
Board
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Arthur
Mark
Michael
Robert
Unger
Sinnreich
Hall
Hertzberg
Goldin
Accountant
Health Provider
Health Provider
Attorney
General Business
06/19/2016
06/19/2016
06/19/2018
06119t2017
06/19/2018
City Commission
City Commission
City Commission
City Commission
FS.1s4.207
F5.154.207
FS.154.207
FS.154.207
FS.154.207Commission
Applicants
David Berger
Dr. Elsa Orlandini
Richard Cuello-Fuentes
Zachary Cohen
Applicants
Dr. David Farcy
Rachel Schuster
Rosalie Pincus
Friday, February 27, 2015 17 of 41658
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--.:.:. 1:_-
l-_L
Boards 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:
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
Christina
David
Francis
Veronica
Femandez
Velasco
Purrinos
LaBuzetta
Cardenas
Trullenque TL
Camacho
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112016 Commissioner Jonah M.
Wolfson
12131120'16 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112015 Commissioner Ed Tobin
1213112015 CommissionerJoyMalakoff
12t31t2021
12t31t2021
12i31t2016
12t31t2021
12t31t2021
12t31t2015
12t31t2021
Applicants
Eneida Mena
Leonor Fernandez
Regina Suarez
Applicants
Josephine Pampanas
RafaelTrevino
Friday, February 27, 201 5 18 of 41659
r.-,.-.---
Boards and Committees Current Members
Historic Preservation Board Sec.118-101
CompGsition:
Two (2) year term, appointed by a minimum of four (4) votes.
Seven (7) members with one member from each of the following categories:
1. A representative from the Miami Design Preservation League (MDPL) selected from three names nominated by the League;
2. A representative from Dade Heritage Trust (DHT) selected from three names nominated by the Trust;
3. Two at-large members who have resided in one of the City's historic districts for at least one year, and have demonstrated
interest and knowledge in architectural or urban design and the preservation of historic buildingi;
4. An architect registered in the State of Florida with practical experience in the rehabilitation oi 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 reha'bilitation 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 pieservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with praitical experience in architeiture 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 members of the Board, shall be residents oi the City; however, the City
Commission may waive this requirement by a 5l7lh vote, in the event a person not meeting these residency iequirements is
available to serye on the Board and is exceptionally qualified by training andlor experience in historic preservation matters.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Members:
MDPL 12t31t2014 City Commission
First Name Last Name Posltion/Title:Term Ends:Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
wyn
Wieder TL
Bailleul
Sosa TL
Gross
Stuart
Attomey
At Large
At Large
Dade Heritage
Registered Architect
Faculty Member
12t31t201s
12t3112016
12t31t2015
12t31t2016
12t31t2015
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2019
12t31t2019Commission
Applicants
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Sam Rabin Jr.
William Lane
Applicants
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
NealDeputy
Richard Alhadeff
Scott Needelman
Friday, February 27, 201 5 19 of 41660
I.-,.-,------
Boards and Committees Current Members
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
Vacancy:
To replace Raymond Adrian Housing Authority
Commissioner
Members:
Mayor Philip Levine 1011112018
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Dr. Barry Ragone Housing Authority 10111t2017 Mayor Philip Levine 10t11t2021
Commissioner
Eugenio Cabreja Tenant Commissioner 10111t20'16 Mayor Philip Levine 1}t11t21't8
Leonor Fernandez Housing Authority 1011112017 Mayor Philip Levine 10t1112021
Commissioner
Peter Chevalier Housing Authority 10111t2015 Mayor Philip Levine 1}t11t2}1g
Commissioner
Applicants
Barbara Gotlinsky
Prakash Kumar
Applicants
Christina LaBuzetta
Friday, February 27, 201 5 20 of 41661
-.-,.-,r--
Boards and Committees Current Members
Marine and Waterftont Protection Authority
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who shall be direct appointments
with the Mayor and city commissioners, each having two (2) direct appointments.
Appointments to the Authority shall consist of a combination of individuals who have had previous experience in:
1. The operation or inspection of marine facilities, including experience in various types of marine vessels and boating activities;
and/or
2. who have an interest in preservation of the city's beaches and waterfronts.
The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical or
other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Sec.2-190.46
1213112014 CommissionerDeedeWeithorn 12t31t2018
1213112014 Commissioner Ed Tobin 12t31t2021
1213112014 Mayor Philip Levine 12t31t2021
Vacancy:
To replace Stephen Bernstein
To replace William Cahill
To replace Monica Casanova
Members:
First Name Last Name PositiorVTitle:Term Ends:Appointed by:Term Limit:
Addison
Albert
Barbara
Daniel
Dr. Morris
Dr. Ronald
Lizette
Maurice
Robert
Robert
Sasha
Sammet
Parron
Herskowitz
Kipnis
Sunshine
Shane
Lopez
Goodbeer
Schwartz
Christoph, Jr.
Boulanger
12t30t2015
12t30t2015
12t31t2015
12t3112015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
Commissioner Deede Weithorn
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
12t31t2019
12t31t2021
12t31t2022
12t31t2018
Adrian Gonzalez
Julio Magrisso
MichaelHall
MichaelHall
Applicants
Eric Lawrence
Mayela Mueller
MichaelLevine
Friday, February 27, 201 5 21 of 41662
r.-, ^-.---
Boards and Committees Current Members
Mayo/s BIue Ribbon Panelon Flooding and Sea Rise Sec. 2-23 (b)
Composition:
The Mayods Blue Ribbon Panel on Flooding Mitigation is created pursuant to the Mayor's authority to establish Blue Ribbon
Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing the City's response to flooding,
including storm water and the effects of sea level rise, and assisting with the implementation ofa compiehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Michael Phang
Dwight Kraai
Scoft Robins
0611412015 Mayor Philip Levine
0611412015 Mayor Philip Levine
0611412015 Mayor Philip Levine
Friday, February 27, 2015 22 of 41663
r--,.-r---=:;:-
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon North Beaci Revitalization Sec. 2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on North Beach Revitalization is created pursuant to the Mayor's authority to establish Blue
Ribbon Panels under Section 2'23(b) of the City Code. The Panel shall have the purpose of overseeing the City's North Beach
Revitalization consistent with the North Beach Master plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Daniel
Margueritte
Veitia
Ramos
Aniola
03/03/2015 Mayor Philip Levine
03/03/2015 Mayor Philip Levine
0310312015 Mayor Philip Levine
03t0?/2u6
03t02t2016
03t02t2016
Friday, February 27, 2015 23 of 41664
r.-5 .-,------
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon Washington Avenue Sec.2-23(b)
Composition:
The Mayor's Blue Ribbon Panel on Washington Avenue 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 tfre City's initiatives and efforts to
revitalize Washington Avenue from Sth Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to serve for a term of one (1) year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Rogelio Madan
Members:
First Name Last Name Position/Tifle:Term Ends: Appointed by:Term Limit:
Brian Falk
Eric Lawrence
Lyle Stern
Saul Gross
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
Friday, February 27, 2015 24 of 41665
r.-..-,---
Boards and Committees Current Members
Miami Beach Commission ForWomen 2oo7-3s70 s 2190-1
Composition:
Twenty-one (21 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
Vacancy:
To replace Gertrude Arfa
To replace Regina Berman
To replace NikkiWeisburd TL
Members:
1213112014 Commissioner Ed Tobin
Mayor Philip Levine
Commissioner Ed Tobin
12t31t2017
12t31t2015
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Adrienne
Carrie
Debra (Debi)
Dona
Dr. Corey
Francinelee
Heather
Jessica
Krieger
Wiesenfeld
Quade
Zemo
Narson
Hand
Davis
Conn
1213112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112015 CommissionerJoyMatakoff
1213112015 Commissioner Ed Tobin
1213112016 Commissioner Jonah M.
Wolfson
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112016 CommissionerJonahM.
Wolfson
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithom
1213112015 Mayor Philip Levine
1213'112015 CommissionerDeedeWeithom
12t31t2021
12t3'U2021
12t31t2019
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2019
1431t2022
12t31t2015
12t31t2021
12t31t2015
10t31t2021
12t31t2018
12t31t2017
't2t31t2015
1431i2017
12t31t2020
Jill Shockeft
Karen Edelstein TL
Laurie Kaye Davis
Leslie Coller TL
Lindsay Genet
Mercedes Carlson
Regina Suarez
Roberta Gould TL
Tiffany Lapciuc
Vanessa Menkes
Applicants
Allee Newhoff
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Joanna Popper
Joyce Garret
M arjorie O' Nei I I -B uttler
Friday, February 27, 201 5
Applicants
Barbara Kaufman
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Josephine Pampanas
Laura Levey
MerylWolfson
25 of 41
666
-.-,.-,---
l..
Boards and Committees Current Members
Monica Matteo-Salinas
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
Monica Casanova
Patricia Valderrama
Rocio Sullivan
Tamra Sheffman
Friday, February 27, 201 5 26 of 41667
r.-..-.r--
=:=:-
Boards and Committees Current Members
Miami Beach CulturalArts Council Sec.2-51
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the Council.
Eleven (11) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concunent 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 appoinmlnts
shall be to fill the vacancy of the one (1) year term expiring on December 31 , 2001 , and three (3) members shall be appointed for
two (2) year terms each. Additionally, effective December 31 , 2002, no Council member may serve more than six (6) '
consecutive years.
City Liaison: Gary Farmer
Vacancy:
To replace lleana Bravo-
Gordon
To replace Gregory Melvin TL
Members:
1213112015 CityCommission
1213112014 CityCommission
12t31t2019
12t31t2015
Filst Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
lsrael
Beatrice
Charles
Dale
Dawn
Marjorie
Merle
Richard
Sands
Homstein TL
Million
Gratz
McCall
O'Neill-Buttler
TL
Weiss
Alhadeff
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
12t31t2022
12t31t2015
12t31t2017
12t31t2022
12t31t2022
12t31t2015
12t31t2017
12t31t2019
12t31t2019Susan Schemer 12131t2016 City Commission
Applicants
Allee Newhoff
Calvin Kohli
Eleanor Ellix
Eugenio Cabreja
Jenna Ward
Joanna Popper
Kevin Kelsick
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Ray Breslin
Sam Rabin Jr.
Wesley Castellanos
Applicants
Bradley Ugent
Dr, DanielNixon
Elliott Alhadeff
Janda Wetherington
JillShockett
Kara White
Marian DelVecchio
MichaelMcManus
Monica Matteo-Salinas
Pedro Menocal
Ray Breslin
Vanessa Menkes
Friday, February 27, 201 5 27 of 41668
r.-,
----r--
Boards and Committees Current Members
Miami Beach Human Rights Committee
Composition:
The Committee shall consist of a minimum of five (5) and a maximum of eleven (1 1) 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 theCity ' '
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appoiniments to
the Committee, the City Manager shall solicit nominations from as many public service groups and other sources,'which he/she
deems appropriate, as possible.
At least one (1) of the Committee members shall possess, in addition to the general qualifications set forth herein for members, a
license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have
experience in civil rights law. The attorney member shall also serve as Chair of the Committee.
City Liaison: Marcia Monserrat
201 0-3669
City Commission
143112015 CityCommission
Vacancy:
To replace Rafael Trevino
To replace Bradley Ugent
Members:
12t31t2016
12t31t2018
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
David
Alan
Amy
lvan
Monica
Rachel
Walker
William
Mardini
Fishman
Rabin
Cano
Harvey
Umlas
Burttschell
Warren Jr.
Law
1213112016 Mayor Philip Levine
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2022
12t31t2016
'12t31t2019
12t31t2019
12t3'U2018
12i31t2018
12t31t2016
12t3'U2019
Applicants
Andrea Travaglia
Deborah Robins
Jarred Relling
Michael Levine
Stephen Fox, Jr.
Applicants
Christine Butler
Dr. Andrew Nullman
Lisa Almy
Rafael Leonor
Friday, February 27, 201 5 28 of 41669
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-::.-"---.lr:.:11.:
Boards 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:
1. One (1) representatives per Sister City affiliation; and
2. 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 Comhittee upon
approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee
Chairperson.
Jlese members are appointed by the Mayor of the City of Miami Beach for two (2) years.
City Liaison: Dessiree Kane
Members:
First Name Last Name PositiorVTitle:Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jacquelynn
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Michelle
Nuccio
Omar
Samantha
Steven
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Ricci
Nobel
Caiola
Bratter
Adkins
12131t2021
12t31t2021
12t3'U2021
12t31t2016
12t31t2021
12t31t2021
12t31t2021
12t31t2021
't2t31t2021
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Rio de Janeiro, Brazil
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Forlaleza, Brazil
Pescara, ltaly
Cozumel, Mexico
Other
Other
Other
1213112015 Mayor Philip Levine
1213'112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112015 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
1213112016 Mayor Philip Levine
Applicants
Bernardo Collado
Christopher Todd
Darin Feldman
Elizabeth Camargo
Jared Plitt
Laura Levey
Rebecca Boyce
Tamra Sheffman
Friday, February 27, 201 5
Applicants
Charles Million
Christopher Pace
Dr. Andrew Nullman
GabrielPaez
Joseph Hagen
Raymond Adrian
Rocio Sullivan
Tiffany Heckler
29 of 41670
-.-,.-.---
::-"-
Boards and Committees Current Members
Wesley Castellanos
Friday, February 27, 201 5 30 of 41671
r.-: .-.---
Boards and Committees Current Members
Normandy Shores Local Govemment Neighborhood lmprovement 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 Homeowners 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 beqomposed of three (3) 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
Vacancy:
To replace John Bowes
To replace Ronald Loring
To replace Mark Wojak
Members:
City Commission
City Commission
City Commission
12t31t2018
12t31t2014
12t31t2014
Applicants
LoriNieder
Applicants
Monday, March 02,2015 31 of 41672
r.-..-,---
-:,,-:l-:.-.-.:.
.
Boards and Committees Current Members
Parks and Recreational Facilities Board Sec.2-171
Composition:
The Parks and RecreationalFacilities Board shallbe 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 ownparticipation or the participation of a member of their immediate family. Consideration should also be-given to individuals who
have special knowledge or background related to the field of parks and recreation.
City Liaison: Elizabeth Valera
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Jenifer
Jonathan
Lee
Leslie
Lori
Paul
Ronald
Stephanie
Growald
Turken
Berger
Soffer
Halpryn TL
Caplan
Groff
Zimmerman
Graff TL
Nieder
Stein
Krongold
Rosen
12t31t2021
12t31t2019
12t31t2019
12t3'U2021
12t31t2015
12t31t2019
12t31t2017
12t31t2021
12t31t2015
12t31t2021
12t31t2021
12t31t2019
12t31t2019
Tennis
Scott Rakow Youth Center
Tennis
Golf
No. Shore Park Youth Center
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CommissionerMichaetGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CityCommission
1213112016 CommissionerDeedeWeithom
1213112015 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112015 Commissioner MickySteinberg
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112016 CityCommission
Applicants
Beverly Heller
Christopher Todd
Eneida Mena
Joseph Conway
Mark Balzli
Nawaz Gilani
Tiffany Heckler
Applicants
Bruce Reich
DanielNagler
Joseph Hagen
Lindsay Genet
Mojdeh Khaghan
Sam Rabin Jr.
Wesley Castellanos
Friday, February 27, 201 5 32 of 41673
r-,.-,---
Boards and Committees Current Members
Personnel Board Sec.2-190.66
Composition:
Ten (10) members appointed by a 5/7th vote:
1. Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation;
2. 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 DepartmLnt and Beach patrol Department;
Group ll shall consist of employees who are in clerical and executive positions;
Group lll shall consist of all other employees,
The Personnel Director is a non-voting member.
City Liaison: Sylvia Crespo-Tabak
Members:
First Name Last Name PositiorVTitle:Term Ends:Appointed by:Term Limit:
Gabriel
lvette lsabel
Lori
Matthew
Mojdeh
Rosalie
Sylvia
Alex
Eduardo
Evette
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak
Bello
Cananza
Phillips
Human Resources Director
Group I
Group ll
Group lll
12t31t2015
12t31t2015
12131t2016
12t31t2015
12t31t2016
12t31t2015
07t31t2017
07t31t2016
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t201s
12t31t2019
12t31t20't8
12t31t2019
12t31t2016
12t31t2015
Applicants
Christine Butler
Michael Perlmufter
Richard Preira
Applicants
Dr. Elsa Orlandini
Nancy Wolcott
Friday, February 27, 201 5 33 of 41674
r.-,.-.r------- -','-.: -..
l
Boards and Committees Cur:rent Members
Planning Board Sec.118-51
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) regular voting members shall have considerable experience in general business, land development, land development
practices or land use issues; however, the board shall at a minimum be comprised of:
1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect
registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning;
2. One developer who has experience in developing real property; or an attomey in good standing licensed to practice taw witnin
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. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
_ c..ls recognized by the city commission for contributions to historic preservation, education or planning; and
5. Three (3) 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 yeai shall be eligible for appointment to the
Planning Board. The City Commission may waive the residency requirements by a 5/7th vote in the6vent 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
Vacancy:
To replace Jean-Francois
Lejeune
Members:
Architect City Commission 12t3',U2017
First Name Last Name Posltion/Title:Term Ends:Appointed by:Term Limit:
Brian Elias
Jack Johnson
Jeffrey Feldman
Jonathan Beloff TL
General Business
Historic Preservation
Developer
Attorney
General Business
GeneralBusiness
Randolph
Reagan
Gumenick
Pace
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2018
12t31t2019
't?i31t2015
12t31t2019
12t31t2020Commission
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Jack Benveniste
Jared Galbut
Jennifer Lampert
Madeleine Romanello
Mark Alhadeff
Nelson Fox
Richard Alhadeff
Seth Frohlich
Friday, February 27, 201 5
Applicants
Brian Ehrlich
DanielHertzberg
David Wieder
Dominique Bailleul
James Silvers
Jeffrey Cohen
Jessica Conn
Marina Novaes
Muayad Abbas
Noah Fox
Robert Sena
Suzanne Hollander
34 of 41675
Boards and Committees Current Members
Police/Citizens Relations Committee Sec.2-190.36
Composition:
The Committee shall consist of fourteen (14) voting members. The members shall be direct appointments with the Mayor and
City Commissioners each making two (2) individual appointments.
As per Sec. 2-190.40, the voting members of the Committee shall have knowledge of and interest in Police Community Relations
and their impact on the City of Miami Beach. Recommendation for appointment to all voting and nonvoting membership selected
by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League Against Discrimination
(S.A.L.A.D-);the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation Leagu-e (n.O.t-.); 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 Oates
Members:
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
John
Antonio
Bruce
Claire
Daniel
Jared
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Kanter
Hernandez Jr.
Reich
Warren
Aronson
Plitt TL
Sheepard-
Broad
Wolfson
Perlmutter
Gonzalez TL
Lopez
Oppenheimer
Leser
Lucero
1213112015 Mayor Philip Levine
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112016 CommissionerMichaelGrieco
1213112016 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithom
1213112016 Commissioner Ed Tobin
1213112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerJonahM.
Wolfson
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithom
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2015
12t31t2021
12t31t2021
12t31t2020
12t31t2015
1231t2021
12131t2017
12t31t2021
12t31t2019
Applicants
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
JillShockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
MichaelBemstein
Nawaz Gilani
Rachel Schuster
Friday, February 27, 201 5
Applicants
DanielNagler
Eric Lawrence
Heather Davis
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
35 of 41676
r.-..-,---
]'."."'..,
Boards and Committees Current Members
Richard Preira
Zeiven Beitchman
Stephen Fox, Jr.
Friday, February 27, 201 5 36 of 41677
r-,.-.------
--.-.:.::.j,:.
i
Boards and Committees Current Members
Production I ndustry Council
Composition:
The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of
the City.
Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly
involved with that industry.
City Liaison: Graham Winick
Sec.2-71
12131120'14 Mayor Philip Levine
Vacancy:
To replace Aleksandar
Stojanovic
Members:
Production 12t31t202',1
First Name l€st Name Position/Title:Term Ends:Appointed by:Term Limit:
Belkys
Bruce
Daniel
Joanna
Joanna-Rose
Noreen
Nerey
Orosz TL
Davidson
Popper
Kravitz
Legault-
Mendoza
Production
Fashion
Fashion
News Media
Recording lndustry
TV/Film
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
Commissioner Deede Weithom
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
12t31t2018
12t3'U2015
12t31t2021
12t31t2021
12t31t2021
12t31t2017
Applicants
Samantha Bratter
Applicants
Friday, February 27, 201 5 37 of 41678
r.-..-,---
=:.._l
Boards and Committees Current Members
Sustainability Gommittee 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 membeiand shail serve as the
Chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general
environmental improvement trends, or "Green lnitiatives," and "sustainable Development," which is herein defined as a plttern
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 CiVwide Green
lnitiatives and to promote and provide plans for Sustainable Development in the City of Mlami Beich.
City Liaison: Elizabeth Wheaton
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Cheryl
David
Debra
Lily
Michael
Steve
Susan
Jacobs
Doebler
Leibowitz TL
Furst TL
DeFilippi
Vincenti
Hart
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithorn
1213112015 CommissionerJonahM.
Wolfson
'1213112016 Commissioner Ed Tobin
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
12t31t2021
12t31t2020
12t31t2015
1i/31t2015
12t31t2021
12t31t2021
12t31t2021
Applicants
Amy Rabin
Jenifer Caplan
Russell Hartstein
Applicants
Andrea Travaglia
Marivi lglesias
Walker Burttschell
Friday, February 27, 2015 38 of 41679
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Boards and Committees Current Members
Transportation, Parking, Birycle-Pedestrian Facilities Committee Sec.2-190.91
Composition:
The Committee shall consist of fourteen (14) voting members.
The Mayor and City Commissioners shall each make one (1 ) direct appointment, with the other seven (7) members of the
Committee to be composed of members from the following community organizations, each of which musi designate a permanent
coordinating representative:
1. Miami Beach Chamber of Commerce's Transportation and Parking Committee (MBCC);
2. Miami Beach Community Development Corporation (MBCDC);
3. Ocean Drive Association (ODA);
4. Miami Design Preservation League (MDPL);
5. North Beach Development Corporation (NBDC);
6. Mid-Beach Neighborhood or Business Association (MBNBA);
7. Lincoln Road Marketing, lnc. (LRMt).
On an annual basis, the members of the Committee shall elect a Chairman and such other officers as may be deemed necessary
or desirable, who shall serve at the will of the Committee. Seven (7) members of the Committee shall consist of a quorum of the
Committee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City' The members designaled by their respective community organization shall provide a letter from suC-h organization certifying
that designation to the City Clerk.
City Liaison: Saul Frances
Vacancy:
Vacant
To replace Hector Fontela
Members:
Member Lincoln Road
Marketing lnc.
Commissioner Ed Tobin
Mayor Philip Levine 12t31t2021
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Eric
AI
Deborah
Delvin
Frederick
Charles
Jo
Madeleine
Mark
Montes de Oca
Feola
Ruggiero
Fruit
Sake
Asmundsson
Romanello
Weithom
Breslin
Diffenderfer TL
Wasserman
Hahne
Ray
Scott
Member Ocean Drive
Association
Member Mid-Beach
Neighborhood or Bus Assc.
Member MBCDC
Member MBCC
Member No.Beach
Development Corp.
Commissioner Ed Tobin 12t31t2022
Commissioner Micky Steinberg 12131t2021
Commissioner Deede Weithorn 12131 12022
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2015
12t31t2015
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
12t31t2021
12t31t2015
12t31t2016Seth
William Bill
Applicants
Allison Stone
Lila lmay
Lisa Almy
Friday, February 27, 201 5
Applicants
Leif Bertrand
Lindsay Genet
Mayela Mueller
Member MDPL
39 of 41680
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Boards and Committees Current Members
Rafael Leonor Robert Lopez
Friday, February 27, 201 5 40 of 41681
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Boards and Committees Current Members
Visitor and Convention Authority Sec.102-246
Composition:
Two (2) year term appointed by a minimum of four (4) votes.
Seven (7) members 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 thanthree (3) members shall be representative of the hotel industry;
2. 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 thereof violating or failing to comply with provisions of this article shall be deemed tohave vacated his office or position.
City Liaison: Grisette Roque
Members:
First Name Last Name PositiorVTitle:Term Ends:Appointed by:Term Limit:
Mark
Aaron
Adrian
Daniel
Margaret
(Peggy)
Stephen
Tim
Tamis
Perry
Gonzalez
Hertzberg
Benua
Hertz
Nardi
At-Large
At-Large
At-Large
At-Large
Hotellndustry
At-Large
Hotellndustry
12t31t2016
12t31t2016
12t31t2l',t5
12131t2015
12t31t2016
12t31t2015
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2022
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12t31t2019
12t31t2019Commission
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Seth Feuer
Friday, February 27, 201 5 41 of41682
Cit)r Commission Committees
Finonce & Citywide Proiecis Committee
Position Nome Appointed by
Choir
ViceChoir
Member
Alternote
Lioison
Commissioner Jonoh Wolfson
Commissioner Joy Molokoff
Moyor Philip Levine
Commissioner Micky Ross
Steinberg
Potricio Wolker
Moyor Levine
Moyor Levine
Moyor Levine
Moyor Levine
Lond Use & Development Committee
Position Nome Appointed by
Choir
ViceChoir
Member
Alternote
Lioison
Commissioner Joy Molokoff
Commissioner Jonoh Wolfson
Commissioner Ed Tobin
Moyor Philip Levine
Thomos Mooney
Moyor Levine
Moyor Levine
Moyor Levine
Moyor Levine
Neighborhood/Community Affoirs Committee
Position Nome Appointed by
Choir
ViceChoir
Member
Alternote
Lioison
Commissioner Ed Tobin
Commissioner Micky Ross
Steinberg
Commissioner Michoel Grieco
Deede Weithorn
Vonio Pedroio
Moyor Levine
Moyor Levine
Moyor Levine
Moyor Levine
Sustqinobility ond Resiliency Committee
Position Nome Appointed by
Choir
ViceChoir
Member
Alternote
Lioison
Commissioner Michoel Grieco
Commissioner Micky Ross
Steinberg
Deede Weithorn
Commissioner Joy Molokoff
Elizobeth Wheoton
Moyor Levine
Moyor Levine
Moyor Levine
Moyor Levine
Morch I I, 2Ol5
F:\cLER\coMMoN\2015\03I I 2015 cM\oz city commission comminees.Doc
683
r?15.7015
NON.CITY COMMISSION COMMITTEES
Moyor Philip Levine
. Miomi-Dode Metropoliton Plonning Orgonizotion. U.S. Conference of Moyors
Commissioner Deede Weithorn
o Miomi-Dode Couniy Homeless Trust Boord
. Miomi-Dode County Leogue of Cities
Commissioner Joy Molokoff
o FIU Wolfsonion Advisory Boord
Vicfor Dioz
o Miomi-Dode County Chorter Review Tosk Force
Ricky Arriolo, Richord Milstein ond Lorry Colin. The Adrienne Arsht Center for the Performing Arts center Trust
Christine A. Gudqitis qnd Bqrbqro Herskowitz. Public Librory Advisory Boord
VACANT:
o Citizens' Oversight Committee/lnterlocol Agreement for Public School Focility
Plonning MDC
. Florido Leogue of Cities
. Girl Power Honorory Member
o Greoter Miomi Convention ond Visitors Bureou Executive Committeeo lnternotionol Hisponic Network
o lnternotionol Women's Forum - Arvo Moore Porkso Miomi-Dode County Tourist Development Councilo Notionol Leogue of Cities
. South Florido Eost Coost Corridor Coolition
F:\CLER\COMMON\2015\031 12015 CM\Non-City Commission.Docx
684
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City of Miomi Beoch, lZO0 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk @DATE: March 11, 2015
SUBJECT: BOARD AND GOMMITTEE APPOINTMENTS - Clry GOMMISSION 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 COMMTTTEE
vAcANT CATEGORTES (8):
. 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 in the banking or mortgage banking industry in connection
with affordable housing.
City Clerk's Note: Juan Rojas'term ended 12.31.2014; however, he rs etigibte for
reappointment for a term limit of 12.31.2016.
. One citizen actively engaged as a for-profit provider of affordable housing.
City Clerk's Note: Muayad Abbas's term ended 12.31.2014; however, he is eligible for
reappointment for a term limit of 12.31.2017.
. 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.
. One citizen who actively serves on the local planning agency pursuant to Florida
Statute S163.3174 (Planning Board member).
. One citizen who represents essential services personnel, as defined in the local
housing assistance plan.
F:\CLER\COMMON\2015\0311201sCM\BCAPPOTNTMENTSATLARGEFORMARCHII2OI5COMM|SStONMEET|N Agendattem (gAI-^_
Date _3:lLt-t-.685
2.BUDGET ADVISORY GOMMITTEE
vAcANT CATEGORY (2):
. One financial advisor.
Gity Clerk's Note: Brian Harris's term ended 12.31.2014; however, he is etigible for
reappointment for a term limit of 12.31.2019.
o One certified public accountant.
DESIGN REVIEW BOARD
vAcANT CATEGORTES (2):
. One landscape architect registered in the State of Florida.
. An architect registered in the State of Florida or a member of the faculty of the school of
architecture, urban planning, or urban design in the State, with practical or academic
expertise in the field of design, planning, historic preservation or the history of
architecture, or a professional practicing in the fields of architectural design, or urban
planning.
HEALTH ADVISORY GOMMITTEE
vAcANT CATEGORTES (5):
o Two (2) members shall be an administrator from an Adult Congregate Living Facility
(ACLF), and/or an Assisted Living Facility (ALF).
City Clerk's Note: Rachel Schusferb term ended 12.31.2014; however, she rs eligible
for reappointment for a term limit of 12.31.2016
Anthony Japouls term ended 12.31.2014; however, he is eligible for
reappointment for a term limit of 12.31.2016.
o One (1) private individual.
o One (1) individualfrom the corporate level.
. One member shall be the chief executive officer (CEO's) or a designated administrator
from Mount Sinai Medical Center.
Gity Clerk's Note: Sfeven Sonenreich's term ended 12.31.2014; however, he is eligible
for reappointment. There is no term limit on this position.
HISTORIC PRESERVATION BOARD
vAcANT CATEGORTES (1):
o A representative from the Miami Design Preservation League (MDPL) selected from
three names nominated by the League.
3.
4.
5.
F:\CLER\COMMON\2015\03112015 CM\BCAPPOINTMENTSAT LARGE FOR MARCH 11 2015 COMMISSION MEETING.DOCX Page2
686
6.MIAMI BEACH CULTURAL ARTS COUNCIL
vAcANT CATEGORTES (2):
o Two (2) to be appointed At-Large.
Gity Clerk's Note: Gregory Melvin's term ended 12.31.2014; however, he is eligible for
reappointment for a term limit of 12.31.2015.
MIAMI BEACH HUMAN RIGHTS COMMITTEE
vAcANT CATEGORTES (2):
o Two (2) to be appointed At-Large.
City Glerk's Note: Rafael Trevino's term ended 12.31 .2014; however, he is eligible for
reappointment for a term limit of 12.31 .2016.
8. NORMANDY SHORES LOCAL GOV. NEIGHBORHOOD IMPROVEMENT DISTRICT
vAcANT CATEGORTES (3):
o Composed of three members of the Executive Committee of Normandy Shores
Homeowner Association.
City Clerk's Note: John Bowes term ended 12.31.2014; however, he is etigibte for
reappointment for a term limit of 12/31/2018.
Mark Wojak's term ended 12.31.2014. He rs being replaced by
Breft Hanis for a term limit of 12.31 .2018.
Ronald Loring is term limited and he is being requested to be
replaced by Carmen Browne.
9. PLANNING BOARD
vAcANT CATEGORTES (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.
City Clerk's Note: Jean-Francois Lejeune's term ended 12.31.2014; however, he rs
eligible for reappointment for a term limit of 1y31/2017.
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 iamibeachfl.qov/citvclerUscroll. aspx?id=82 1 1 7
Alternatively, the Releases can be found by going to the City's main portal located at
http://miamibeachfl.qov; and under the City Clerk section, located on the bottom right hand side of
the webpage, click on the "Agenda Archives" link; thereafter choose the first listed Commission
meeting and click on City Commission At-Large Nominations.
7.
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R9 - New Business and Gommission Requests
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM RqgI.L
DATE 34I.Ii
689
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R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(City Manager's Office)
Asenda ltem RfC
Date 3-ll-lS691
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692
R9 - New Business and Commission Requests
RgD Request A Traffic lmpact Study For The Residential Streets Of North Bay Road, Pine
Tree And La Gorce Drive, Which Are Being Used As Short Cuts By Commuters To
Avoid The Traffic On Alton Road Heading North.
(Requested by Commissioner Joy Malakoff)
(Continued from February 11,2015 - RgP)
Agenda ltem lQ9l't
Date & I l_t,693
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694
R9 - New Business and Commission Requests
RgE The Committee Of The Whole Will Meet On March 11,2015 ln The City Manager's
Office Large Conference Room To Discuss The City Manager's And City Clerk's
Employment Contract.
(Office of the City Manager)
Asenda ltem Kf E -
oate 3-{l-lf -695
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696
R9 - New Business and Gommission Requests
RgF Update Regarding The Miami Beach Community Development Corporation (MBCDC)
Audit Findings.
(Office of the City Manager)
Agenda nem frQF
oarc 3il1{-697
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698
E MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: 2119120'15
SUBJECT: North Beach Traffic
Please place on the March 11,2015 City Commission agenda a discussion regarding
traffic in North Beach. As you are aware, traffic eongestion - especially during morning
and aftemoon rush hour - is of great concern affecting the quality of life of North Beach
Residents.
I would like staff to present options including how we could obtain a comprehensive
analysis (i.e., traffic counts and simulations) to optimize the timing of the lights from 63rd
to 72nd street and limit opening of the bridge during rush hour (similar to what has been
done downtown with the Miami River bridges).
I also believe it would be helpful to have a representative from the County (as they
control lights) and from the Coast Guard (as they control the draw bridge) there so we
can work together to reduce congestion.
Thank you!
lf you have any questions please do not hesitate to call our office.
MIAMIBEAGH
Com m I ss io ner M ic ky Stel n berg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7103 / Fax 305-673-7096 / www.miamibeachft.oov
We arc commltted to provldlng excellent publlc servlca ancl safety to att who ltve, work and play ln our vlbnnt, troptcal, historlc
communlty.
Agenda ltern RQ &=
Date 3-tl-ts699
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City of Miomi Beoch,1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Jimmy L. Morales, City Manager
FROM: Mayor Philip Levine
DATE: March 11,2015
SUBJECT: Discussion on Constructing Padel Tennis
Please place an item on the March 11,2015 Commission Agenda, a discussion on adding
Padel Tennis Courts (aka Padel) to the Flamingo Park Master Plan.
Padel is one of the fastest growing sports in the world. A variation of tennis, the sport can
be played by all ages and abilities. The addition of courts would provide a fun and sociable
fitness activity for our residents and visitors.
lf you have any questions please contact Fatima Perez at extension 6465 or John Rebar,
Parks and recreation Director at 305-673-7730.
PL:jr
Aoenda ttem RqH _
oate 3-l[-lf701
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702
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: February 26,2015
SUBJECT: Update on School Nurse lnitiative
Please add to the March 11,2015 Commission Meeting Agenda an update on the School
Nurse lnitiative including specific details on The Children's Trust recent school health
program request for proposal.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
MIAMiffiH&&M
Commissioner Micky Stei nberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I Fax: 305-673-7096 / www.miamibeachfl .qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore committed to providing excelbnf public servtce ond sofely to oll who hve, work, ond ploy in our vibront, froptcol, historic communitv.
Asenda ltem Rl f
Date 3-tl-tS703
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704
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: Morch 02,2015
SUBJECT: Discussion ltem
Pleose ploce on the Morch 11 , 2Ol5 City Commission Meeting ogendo o discussion
item on Homeless os our numbers ore increosing significontly.
lf you hove ony questions, pleose contoct me ot extension 7030.
D\V
We ore commitled to providing excellenl public service ond sofeSt to oil who live, work, ond ploy in our vibronf , lropicol, fii.tn,ir eammrnitu.
Agenda ltem
Date
Rl r
3-tt-\r705
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706
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: Morch 03, 20]5
SUBJECT: Discussion ltem - Request presentotion from FDOT regording Alton rood
from the 4O's to the 60's section.
Pleose ploce on the Morch 11,2015 Ciiy Commission Meeting ogendo os o
discussion item.
lf you hove ony questions, pleose contoct me ot extension 7030.
Best Regords,
Loydo Hernondez
On beholf of Commissioner Weithorn
We ore comnitted to providing excellent public service ond sofel to oll who live, work, and ploy in our vibronf , fropicol, ht:'^''^
Agenda ltem R1!i
Date }\LtS_707
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708
R9 - New Business and Commission Requests
RgL Update On Centennial Activities And Budget.
(Office of the City Manager)
Agenda ften fr?L
oate 341-lS709
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710
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r915 . 20r5
OFFICE OF THE CIry ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy Morales, City Manager
Rafael Granado, City Clerk
FROM: Raul Aguila, City nttorneZ* I Crr(
DATE: March 11,2015
SUBJECT: Discussion ltem - CIBO Settlement - Continuuni Development
Agreement - Update
Background:
ln 1999 South Beach Ocean Parcel, Ltd, ("Developer") of the Continuum
Condominiums and associated commercial frontage located aL200 South Pointe Drive,
executed an Amended and Restated Ocean Parcel Development Agreement (the
"Development Agreement"), dated March 5, 1999, with the City of Miami Beach. This
Development Agreement was drafted in order to resolve an underlying lawsuit relating to
Developer's claims of a Bert J. Harris taking by the City, due to the City's rezoning of the
South Pointe area. As a result, the Developer could proceed with constructing the
Continuum Condominiums and the commercial components to the site while utilizing the
1984 Zoning Code.
As you are aware, due to residential concerns, the City, in 2009, enacted
Ordinance No. 2009-3649, which limits outdoor seating to 40 persons, and restricts the
hours of outside operation of such facilities until 8:00 p.m. Based on the underlying site
plan and building permits, it is clear Developer is seeking to lease a commercial unit
subject to the Development Project to CIBO Restaurant. The tenant originally proposed
to operate the Restaurant, at 200 South Pointe Drive, with a 176-seat outdoor rooftop
caf6 at that location, until 5:00 a.m. The operation would be inconsistent with Ordinance
2009-3649.
Agenda ltem RIM
Date .3.LiE-711
Discussion ltem: CIBO Settlement - Update
Date: March 11,2015
Page: 2 of 3
The City Attorney discussed the concern over compliance with the City Code and
the Development Agreement with the City Commission during the regularly scheduled
June 2014 City Commission meeting. The City Commission directed for the City
Attorney to proceed with enforcement of the City's Code and the provisions of the
Development Agreement. During the City Commission discussion, it has been the City's
position that the Developer is to ensure that its tenant CIBO, which seeks to operate the
Restaurant's outdoor caf6 until 5:00 a.m., complies with Ordinance No. 2009-3649. lt is
the City's position that the 1984 Code itself limits the sale of alcoholic beverages at
outdoor cafes to beer and wine, and to operate such a caf6, the applicant must apply for
a Conditional Use Permit under Sections 7 and 29 of the Development Agreement.
As a result, on July 1, 2014, the City issued a "Notice of Conflict with City and
State Law pursuant to Section 8 of the Development Agreement (the "Notice of Conflict")
to Developer and CIBO, the Developer's tenant and operator of CIBO Restaurant (the
"Restaurant"). The City provided Developer and CIBO with notice pursuant to Section 8
of the Development Agreement, of a change in the law which may produce a conflict
between the Development Agreement and City Ordinances, as governed by Section
163.3233 Florida Statutes. Although the Development Agreement provides that the
City's 1984Zoning Code (the "1984 Code") should applyto the development, Section 8
of the Development Agreement, in conjunction with Florida Statutes S 163.3233,
delineates the criteria for applying changes in the law to development agreements.
Over the next few months the City convened several meetings to negotiate in
good faith to reasonably attempt to modify the Development Agreement to address
compliance with the change in law. Often six of the adjoining condominium associations
were involved in the negotiations, and include: Continuum on South Beach Master
Association, lnc.; Continuum South Beach The North Tower Association, lnc.;
Continuum on South Beach Condominium, The South Tower Association, lnc.; South
Pointe Towers I Condominium Association lnc.; Portofino Towers Condominium
Association, lnc.; and South Pointe Portofino Tower Master Association, lnc. ("Six
Associations"). Months of negotiations culminated in a Letter Proposal for Settlement,
attached hereto as Exhibit A, that requires the Parties (CIBO and the City) to execute a
formal settlement agreement, and which this document is the memorialization of all the
terms and conditions of the Parties.
The Developer has refused to negotiate with the City or the neighbors. lt is the
Developer's position that the Development Agreement controls and that he has no
obligation to comply with the City's Ordinance No. 2009-3649.
Mr. Nick Di Donato, the principal of CIBO, has consistently met with the City and
has been willing to compromise. However, Mr. Di Donato has declined to execute the
712
Discussion ltem. CIBO Settlement - Update
Date: March 11,2015
Page: 3 of 3
final settlement, as he objects to one condition - although that condition was previously
contained in the proposal for settlement. A copy of the proposed settlement agreement is
enclosed as Exhibit B. The specific provision that he objects to provides as follows:
During the early stage of construction of the building containing the
Restaurant, the South Pointe/Portofino Association's long white fence,
which divides the Continuum Parcel from Portofino and South Pointe
Towers, was damaged and left in a non-vertical position by the
Restaurant project's General Contractor. See attached Exhibit "C".
CIBO agrees to provide a proper repair of the damaged fence at its
expense. The fence shall be repaired within g0 days of execution of
this S&R Agreement.
Mr. Di Donato alleges to have completed an investigation and believes his contractors
did not damage the fence separating the neighbor's property. The City was under the
understanding that the Landlord, although not a signatory to the Agreement, would repair
the fence, and Mr. Di Donato would execute the proposal for settlement under that
understanding (he would go to the Landlord to pay for the repair). Mr. Di Donato is
willing to modify the provisions of the settlement agreement to indicate a willingness to
work with the neighbors in having the Landlord fix the fence but he will not undertake the
repair. Please note: that the neighboring properties are currently in litigation with the
Continuum Developer (Landlord) over the fence issue.
Discussion ltem:
At this point the City Attorney is seeking direction from the City Commission. The parties
are at an impasse as to the execution of the settlement agreement, which agreement is
consistent with the July 2014 discussion of the City Commission.
713
EXHIBIT A
714
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t915 - 2015
MIAMIBEACH
Ci1,1r of llliomi Beochr I 700 Convenlion Cenler Drive, Miomi Beoch, Florido 331 39. wrrr,v,miomibeochll,gov
December 1,2014
l/ia Cerlified Mail, Return Receipt Requested
Revised and xtpd(ited proposal foi settletnent letter
Nick Di Donato Mike Merola
CIBO Wine Bar h,Iiami, LLC General Counsel
200 South Pointe Drive The Continuum Company
tr,Iiami Beach, FL 33 i39 30 \\/est 2i Street, 1 lt Floor
NYC,NY iOOIO
CIBO Wine Bar lvliami, LLC Bruce Eichner
997 Nort.h Greenlvay Drive Continuum Company, LLC
Coral Gables, FL 33134 667 I\,{adison Avenue
14s Floor
trIoraitis, George RJR., Esquire NYC, lrry 10021
Registered Agent
915 Middle River Drive, Suite 506
Ft. Lauderdale, FL 33304 Joseph L. Rebak
Alierman LLP
1 SE 3'd Avenue, Suite 2500
Miami, Florida 33i3i
Nathan Hong
Continuum Compan1., LLC
One Sout} Pointe Drive
tr4iami Beach. Florida 33139
Yia: E-ntail to Niek Di Donato: nicl(Q.libertusroup.com
E ma i { t o Ja.r ep h Reb ak: .i o s eph. f_e b a k@ a ke r nt a n. co m
Re: CIBO R.estawant: 100-200 SouthPointeDriveProposal For SettlementRelating
to Prior Issued Notice of Conflict with City and State Larv pursuant to Section 8
of the Amended and Restated Ocean Parcel Deveiopment Agreement, dated
i\Iarch 5. 1999
715
Revised Lelter to Nick Di Donato
Cibo lYine Ba.r Marui, LLC
Revtsed P roposal for Settlement
December l, 2014
Page 2 of 4
Dear Gentlemen:
This revised letter is sent to you as the managing partner of Cibo Wine Bar Nliami, LLC,
("CIBO") as a possible resolution of the City's prior issued No+;ice of Conflict rvith City and
State Larv referenced above.
As you may be ar,1,are, last week I advised the lvlayor and City Con mission on the statrs
of proposeci settlemeut discussions in the above referenced matter. Based upon the foregoing,
the lVlayor and Cit1, Commissi.on have provided our office u,ith policy directives and u'e are
ar"rthorized to present the follou,ing proposal for settlement to you. To better assist you rt ith
understaading the Citv's settlement offer, enolosed please find a copl, of theNovember?d',2014
letter issued by the six neighboring condominium association presidents (hereinafter the
"Associations') +,o the CilJ, relating to this matter (h.ereinafter "Associations Letter"), attached
hereto as Exhibit 1.
I have been notified that the Associations would agree to CIBO's proposed hours of
operations (11:00 p.m. N,londay -Thursday for last seating, 30 additionalminutes for cessation of
operations; and 12:00 a.m. Friday- Sunday for iast seating. 30 additional minutes for cessation
of operations); provided, however, certai-n conditions are met. Th.e hours of operation q,oul4
appiv to all outdoor dining areas. rvhether on the rooftop or first floor. There r.vould be no use of
the door dinins areas after 11:00 p.m. N,Ionda)'-Thursdar,. and midnisht. Fridar, - Sundar,.
Upon acceptance ofthose conditions, the Associations u,ould also agree to your request for eight
(8) speciai events, per year, three (3) of whioh may be held during the month of December.
Based upon the foregoing, the Ci[, proposes a settlement, based upon the above
referenced hours of operation; provided, hou,ever, the follorving terms and conditions are
inciuded in the settlement:
CIBO agrees to the "penalties for non-compliance ofrooftop operating hours," as
delineated in the attached Associations Letter. The ofl'ense schedule x'ould be
basei upon a revolving hvo (2) year "offense" period. In other words, the first
offense ri,ouid trigger the begiruring of the tu,o year period.
CIBO agrees to comply'"vitl-r ths "Valet Location," "Valet. Plan" and "TrafFrc
PLan," as contemplated in ths Associations Letler. The City Adminisrration r.vill
assist CiB O in resolving the remaining \/alet and Traffic Plan related issues, and
u,ould u,ork on ensuring the change in location of the valetramp and bagging of
the applicable meters. The City rvould be responsible for restoring the alieged
"illegal" curb cut identified in the Associations Letter.
3. CIBO agrees to comply'*ith the "Deliveries". "Fence" and "Signage" sections of
the Associations Letter. It is m1, understanding that y6u, sigrage planis cun'ently' being reviewed by the Planning Department. The City shall lvork r.vith CIBO on
ensuring compliance r.viththis provision, and the City shall have final regulatory
We oo camrllled b prcviding et<celbal public selice ond so[ety lo all who liw, vro*. ond ploy ln our vibon!,lapicol, hlgotic anmunily.
1.
2
716
Re:tised Letter to Nick Di Donato
Cibo lYine Bar Miami, LLC
Revisecl Proposal for Settlenrcnt
Decentber I, 2014
Pctge j af 4
control over soiid r.vaste operations.
CIBO agrees to remove the single bench closest to the sireet from the pians that
are described in the Section entitled '?lanter Locations" of the Associations
Letter. The Citl. will install a rail to replace the benches.
CIBO, prior to obtaining a Certificate of Occupancy, shall properly screen the
rooftop A./C units, as delineated in the section entitled "Rooftop A"/C Units" of
the Associations Letter. Screening of the A/C unit is a requirement of the Cig,'s
Code.
6. Ciosure of the first floor outdoor dining shall require the same hours of operation
as for the rooftop outdoor restaurant/bar use. Any outdoor seating on first floor shall
be brought into the establishment at closing of the interior of the restaurant, every
evening. Should any person congregate (due to valel smoking of a cigarette, etc.)
along the first floor outdoor dining are4 r.r,ithout the service of any food or drinks
ftom the restaurant, after the agreed upon houls ofoperation ofthe outdoor areas,
then any possible violations of noise ordinance emanating from this first floor
outdoor area will not count to the si-x listed violations in Paragraph 2, above. Any
rriolations of the noise ordinance would. be treated as a regular noise complaints and
not part of the sl',c possible 'violations identified in Paragraph 2. if there is a violation
of the hours of operation as to the sen ice of food or drink at the first floor outdoor
dining area, then that violation u,ould count towards the six violations idenffied in
Paragraph 2.
Acceptance of the above tenas and conditions, b), December 2,2014, on behalf of the
Olvner and assigns of the CIBO Wine Bar Miami, LLC, and final execution of a formal
settlement agreement and general release with CIBO Wine Bar \4iami, LLC, thereafter, r.vould
resolve all issues and setfle all claims raised in the City's July 1, 2014, Notice of Conflict
pursuant to Section I of the underiying "Amended and Restated Oceau Parcel Development
Agreement, dated March 5, 1999." Acceptance of the above terms and conditions by CIBO
would ensure that the rooftop use u,ould receive a temporary certificate of occupancy (TCO), or
certificate of occupanc), (CO), as ma1, be applicable, for the rooftop use. The TCO or CO for the
rooftop ryould be revoked, if after executing this letter, the parties do not execute a formal, final
settlement agreement, arrd general reiease, within 15 calendar days of this date. Theparlies
specificalll, understand that they cio not n,aive any rights under the underll,ing development
agreement or under and count1,, ciq', or state [au,.
If you accept the terrns and conCitions of this letter on behalf of Cibo Wine Bar lvliami,
LLC, 1 ask that you sign beiorv, r.vhere indicated.
Otherr,vise, the Ciqv u,il[ have no choice but to proceed with filing a declarutory reiief
action in State Court.
We are comnillad n providtng excellent public xrvice ond nlety nc o{l wlw live, v.ork. aad pby in our vibront, lrclpkol, hislodc rciln ani!.
4.
5.
717
.l ,".-" *Revised Letter to Nick Di Danato
Cibo Wine Bar Nfiatni, LLC
Revised Proposal for Settlement
December 1,2014
Page 4 of 4
Thankyou.
City Attorney
Bv: Ni6k DiDonato
ar M6oug"r of CIBO Wine Bar }vfiami, LLC
Copies rria e-mail:
Ma1,or and City Commissioners
Jimmy Morales, CitY Manager
Joe Jimenez, Assistant City Manager
Tom Mooney, Planning Director
Eve Boutsis, Deput-v CitY AttorneY
Rick Ovelman, Outside Counsel
Rosa Dela Camara
continrrum on south Beach L{aster Association, Ioc., Presiderrt
Continuum on South Beach Condominium, The North Tori'er Association, Inc", President
Continuum on South Beach Condominium, The South Tower Associatio4 Inc. President
South Pointe Towers i Condominium Association,lnc., Presidelt
Portofino Torvers Condominium Ass o ci ation, Inc -, Pres ident
South Pointe Portofino Tower lr4aster Association, Inc., President.
We ore commiyed to providing excellenl publtc se1ica and sofery b oll who live, v,ork, ond phy tn our vtbronl, ,oPiral, hfdofu conrounilY,
718
LETTER TROM TTIT SOUTH OF }'IFTH COh,I]VTLINITY TO TIIE IWAYOR
A}ID COIVIL,IISSION RE CIBO OPEI?*A.TIONS
Ivlayor Philip Levine
Ivliami Beach City Hail, 4th Floor
i?00 Convention Center Drive
lvliami Beach, Florida 33139
Dear Mayor Levine,
November 7,'t914
We wanted to get back to you and the City Attorney as soon as we had developed a
conrmunity consensus regarding the CIBC Restauraat operating hours and other
related isstres. As we previously advised, the Presidents of the six immediateiy
adjacent South of Fifth Condominium Associations (Continuum lvlaster Association,
Conlinuium South Tolver Association, Continunrn North Tower Association, South
Pointe Condominium Association and Portofino Tolver Association, and South
Fointe Portofi.no Master Assooiation) met ti,vo rveeks ago among themselves and also
u,ith lvIr. Di Donato to discuss CiBO's hours of operation and other outstanding
operational concems.
The Presidents met again on Novernber 4, 2074, to allor.v the South Pointe and
Portofino Associations - lvho had never been conlacted by lvfr. Di Donato - io
consult th.eir Boards and their residents on the major outstanding issues. The
leadership of the six (6) neighboringAssociation wished to develop a consensus so
that so lve can provide you and the City leadership a uniform, consistent
neighborhood position on the CIBO operations. \Ye feel substantial progress has been
made.
Pl.ease revi.ew the attachecl document entitled "Joint Response Document" ivhich sets
foch in great detail the positions of the six (6) referenced'associations. As you oan
see, the Presidents of these neighboring associations have signed off on the dooumeni
shou,ing not oniy their unified position, but aiso their good faith atten:pt to reach a
resolution i,vith the CIBO operator. \\re r,vill norv be presenting this proposal to our
Boards ancl residents for approval.
i
Thank you for your lead.ership and continu.f ,lrpport of the need to protect our
residents quairty of life, ra,hile accom:rrodating fhis nerv restaurant operation.
I
719
JOINT RESPOI{SE DOCIIIyIENT TO CITY FROI\I CONTNLI-ffi\{ IVIASTER,
COi'{TINUUVI S OUTH, CONTIYUUI\{ NORTfl
PORTOX',TNO, SOUTH POnlrE TOWERS, AND
SOUTHPOIT\TTE/}ORre)FINOJ\,IASTERASS..O_CIATIONS
The signatories herein represent the six South of Fifth Condorninium Associations
u,hich are adjacent to the CIBO Restaurant - Continuum Master Association,
Continuum Souft Tou,er Association, Continur"rm North Tor,ver Association, Soutl:
Pointe Condominium Association, Portofino Toy,,er Association and South
Poi ntelPortofino Master ("Ass ociations").
The Associations are responsible for tire care, operation, maintenance, repair,
replacement, administration and protection of their respective condominiums.
Th.e Boards of Dkectors of the Associations are responsible for carrying out the day-
to-day affairs of the Associations and, as fiduciaries oftheir constituent Unit Ownerc,
are charged r.vith ensuring the weli'being and stability of their communities.
BACKGROIIT\D:
The Associations of the surround"ing communities within the immediate radius of the
CIBO restaurant comprise over 1500 tax pal.ing families of ivliami Beach. lVe have
expressed to the city over the last several years otlr concems over a 400* seat
commercial operation in a high-density residentiai communiry with zero onsite
parking for f,reir cLientele- 1Ve have been shocked by - and have vehemently opposed
the position of the Developer - who believes that any leasehoid of the property has
the legal rights to operate the commercial rooftop till 5am oontrary to ourent zoning -
rvhich requires a Spm closing time - or the applicabie provisions of the original
Development Agreement - lvhich incorporated the 1984 zoning code and required a
Commission issued Conditionai Use Permit (after pubiic hearing) .
The city for its part has been an open padner in our dialogue to find a corrunon
resolution to the community concems. To this effort we have made strides in moving
from a strictly adversarial position between the community and CIBO to
one where a compromise agreement has the potential to be reached. To that end the
Presidents of the six (6) directiy affbcted communities have met to discuss our
common concerns so th-ai lve can provide the City a consolidated position on the
issues at hand that need resolution betrveen the Ciqr, the neighboring
Associations and CIBO.
121
720
RQ qTTOP qOUBS Or OPEFATTOi\
The Presidents met on November 4,20L4 and agreed to a single posilion of rooftop
hours. As ofthe date of this letier the position agreed upon by alt Associations is:
i\{onday-Thursday L0:30pm Friday-Sunday 11:30pm
A-lI Associations agree to provide the operator with an additionai 30 minutes for staff
closing and cleanup. This limitaiion rvould mean total Iiglrts out and no personnel on
the roof after 1 1 pm weekdays and midnight on weekends.
We also all agreed that CIBO can have up to 8 special rooflop events total per
calendar year with ihe hours based on nonnal operating hours of the rooftop, limited
to one event per month except the month of December, lvhen a maximurn of three
would be allorved.
pShTALTrE S F OR IYON-_C OiUPLrANqlC. pF RO OFTOP OPERATtr\G
IIOURS
ANY BREACH OF TT{E ROOFTOP HOURS BY CIBO WILL BE PENALIZED
AS FOLLOWS:
lST DOCLIJT,IEj'rTED OFFE}iSE REPORTED BY ]ViB CODE COJVIPLTANCE TO
CIBO - \,VARNIIIG LETTER \ytTH REQUm.B'[4E]IT TO CITRE.
2ND DoCIINaENTED oFFENSE REPORTED BY MB CODE COMPLIANCE To
CIBO _ $5OO FINE
:rc PCCIN.CENTED OFFEI{SE REPORTED BY ]VIB CODE COMPLIANCE TO
CIBO _ $1OOO FFIE
4TH DOCuMENTED OFFE}ISE REPoRTED BY MB CODE CO]vIPLIA-NCE TO
CIBO. LOSS OF ONE SPECIAL EVENT In DECEMBER
sM nOCUivgivTED oFFENSE REPORTED BY MB CoDE CoMPLIANCE TO
CIBO I\4ANDATORY CLOSURE OF ROOFTOP FORA 1 \YEEK TIN4E PEzuOD"
r?'TL-J
721
em oocULGNTED OFFENSE REpoRTED Btr MB coDE coMpLIANCE To
CIBO _ PERIVTANEN,T REVERSION OF T"OOFTOP HOIIRS TO 8PM PER
CIIRRENT CITY CODE.
YALET Lgg.tTrOI{
The developer placed the cu:rent cut out for the CiBO \raiet Station in a location
which is not approved per City cod.e and state.
The curtent cutout is for 2 cars at a locatioa of approximately i0 ft. from the
intersectior: stop sign. The response by the city to resoive this critical issue has been
to mark the space closest to the stop with a yellow 'Do Noi Park" wording. A11 six
(6) affeoted Associations find the current city response to the improper valet cutout
location insufficient. We respecffully request that the "illegally permitted" out-out be
restored to its orighal configuration. We further request that no valet stand or bagged
parking spaces for valet be placed within 30ft of an I::tersection Stop Sign. See
Florida Statute 316.1945 (5).
In order to aocomnrodate the heavy vaiet usage CIBO will require, rlre do support the
City gratrting up to 5 additional bagged parking spaces parallel to South Pointe Drive
to the valet operator to provide additional space for clueuing and to avoid iilegai
blockage of South Pointe Drive.
VALET PLAN
The Associations have not seen a revised Yalet Plan fbr CIBO nor have an update
from the city on its status for approval.
The valet issues that need resolution before any community agreement can be
reached r.vith CIBO are:
City verification of the Valet Parking locations and number of reseryed parking
spaces held per contract vdth CIBO and its Valet Service Company.
City review .with the community presidents of the submitted traftic flow p1an.
We haye great concern with U-Tums that may be pianned by Valet at our stop
sign intersection to traverse to the parking location reserved for CIBO"
$a improperly designed valet plan will create a traffic probiem for the citizens
of our community. Given the requirement to have up to 14 valet cirivers on
busy days at CIBO, per their own submitted traffi,c pian, y/e request the city
t4l
722
roquire a new valet plan that cau adequately and comprehensively address the
issues required to avoid congestion or blockage of SouthPointe Drive.
TR.A-tr',F''IC PLAN
The last status the community has conceming the CiBO Traffic Plan submitted to the
ci{y r.vas that the first submitted plan rvas deemed insuffioient by both the City and
the community revies, and a new Traffic Plan would be submitted by CIBO to the
City. The Associations have not seen a new plan and cannot approye any agreement
with CIBO and the Cify untii we have seen, reviewed and coffxr.ented on ihe revised
Traffic Plan submission.
CIBO is 100 percent refiant upon Valet for its clients' parking needs- The
comrnunity cannot allorv a violation to stand that endangers the life and safety of
its community residents including the many pedestrians, families and children
'who traflic this area as an entrance into and out of their homes and the adjacent
South Pointe Park and Sunrise Plaza Beach Promenade,
DEI-I\rERmS
Portofino and South Pointe Towers share a concem over the location of CIBO
deliveries. The utilization of trucks up Continuum's private access on the Ocean
Extension is limited by the length and weight of the trucks. No truck larger than a 5
ton truck (comparable to a FedEx or UPS Van) is ailor.ved up our entrance
driveway. The consensus seem.s to be that it ra,ould be best to require deliveries on
the bagged parking spaces in front of CIBO paraiiel to South Pointe Drive.
We also insist that the operator adhere to the previously agreed to reskictions on the
hours and location of all lvaste and recycling remorral,
FENCE
During the early siage of construction of the CIBO building the long white fence
rvhich is owned by the South Pointe/Portofino Association which divides the
Continuum Parcel from Portofino and South Pointe Towers was damaged and left in
a non-vertical position by the General Confuactor for the CIBO project. The
Presidents of the six adjacent associations are united in our position that ure cannot
back a City Settlernent Agreement with CIBO that does not include a proper repair of
the dalaaged Fence.
tstL-l
723
SIGNAGE
The community understands that CIBO has rights to operate its commercial
operations in a mzu:ner conducive to a for-profit business. \Yith that in mind lve also
have a tremendous obligation as a communify to maintain the standards for the
several Billion Dollars in residential reai estate investroents of
our residents. Accordingiy, the outside signage for CIBO must be small, unobtrusive
and elegant to reflect the area in which it operates and consistent rvith the signage
restrictions observed by the adjoining business in the Continuum Master Property.
PLANTEB-ILOCATTONS
The Developer has placed concrete planters and benches on Continuum properf for
CIBO (some of them un1awfu11y placed on Conlinuum Master properry) that do not
appear on the originaliy approved cilv plans. These exteior benches have become an
invitation to night-time vagrants and ioiter and pose a threat to become areas for large
exlerior congregation of CIBO customers. 'We need the city to provide us with Lne
proper documentation and approvals for changes to the Development Pian for CIBO
thai are not apparent in any records we can find. \Ye lequest that the exterior benches
be removed.
ROOFTOP AJC TNITS
The Developer/ClBO has installed large A/C uoits, which are visible from the street
Ievel. 'W'e request the City require the installation of a proper enclosure to be placed
around the entire area of ihe A/C units rvith a rear access gate. We are arivised that
t5l
724
this request is supported by City Code and is also a requirement of rhe original
Devel opment Agreement.
We thank the Mayor and City Commission of Miami Beach for their contiued
vigilence in protecting the quality of life our communify and, in particular, for
your expressed support for the concerns our our residents .
We present this unified community posifion statement and urge your support.
On behalf of our L500 residents, thankyou for your service to our community.
SIGNED FOR - A-r\D Ol{ BEHALF Otr'- THE NIEMBERS Ai\D BOARD OF
DIRECTORS O}':
C ontinuum,on S o uth B each Nlaster Asso ciat i on, Inc.Bv: il;, ffiTit]e: ?fvdrlfltt ptzkt/ A/F ?,tzEzdf
Date: t/t/l,H
Continpgm osSprilh Beach CondominiugroThe Not'Jr Tower Assooiation, Inc.
di:, @#M*
lx)
725
S::ir*iy y*n Beach Condominium, The Sorith Torver Association, Inc.
il: ftq ' //t'ritie: {AEgAV,uz; DnrtzD // a,lf,ztutt*Date: ,r/, /S-r,
South Pointe Towets I Condon:inium Association Inc
ili", 'ffifu(ffi^.a,, !.n"L.1
D;;;, ttf -t f zar'{
P ortofi.no Towers Condominium Association, Inc
By,
Tiile:
Date:
P
tr f -r 11+
irite. Portofino Tor,ver lvlaster Association l-rcSouth
By,
Title:
Date:,, f r l'+
Vice }v{ayor, Mickey Steinberg
Commissioner, Michael Grieco
Cornmissi oner, Joy Malakoff
Commissioner, Jonah Wolfson
Comnrissioner, Ed Tobin
Cornmissioner, Deede Waithhom
Raul Aguila, Esq., City Attorney
Jirr,rny Morales, City Manager
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726
Discussion ltem: CIBO Settlement - Update
Date: March 11,2015
Page: 5 of 5
EXHIBIT B
727
EXHIBIT B
728
SETTLEMENT AND RELEASE AGREEMENT BETWEEN
CIBO WINE BAR MIAMI. LLC AND THE CITY OF MIAMI BEACH. FLORIDA
This Settlement and Release Agreement (the "S&R Agreement") is made and entered
into this _ day of February, 2015,by and between CIBO Wine Bar Miami, LLC, a Florida
limited liability company (hereinafter, *CIBO"), and the CITY OF MIAMI BEACH, FLORIDA,
a Florida Municipal Corporation (hereinafter, the "City"). CIBO and the City may also be
refened to individually as a "Party," and collectively as the "Parties."
RECITALS
WHEREAS, on July l, 2014, the City issued a "Notice of Conflict with City and State
Law pursuant to Section 8 of the Amended and Restated Ocean Parcel Development Agreement,
dated March 5, 1999" (hereinafter, the "Notice of Conflict") to South Beach Ocean Parcel, Ltd,
(hereinafter "Developer") and CIBO, the Developer's tenant and operator of CIBO Restaurant
(the "Restaurant"), located at 200 South Pointe Drive, Miami Beach, Florida; and
WHEREAS, the City provided Developer and CIBO with notice pursuant to Section 8 of
the Amended and Restated Ocean Parcel Development Agreement (the "Development
Agreement"), dated March 5, 1999, of a change in the law which may produce a conflict
between the Development Agreement and City Ordinances, as govemed by Section 163.3233
Florida Statutes; and
WHEREAS, the City convened several meetings to negotiate in good faith to reasonably
attempt to modify the Development Agreement to address compliance with the change in law;
and
WHEREAS, the City understands, based on the underlying site plan and building
permits, that Developer is seeking to lease a commercial unit of the underlying project as
identified at Exhibit D to the Agreement; and
WHEREAS, the tenant CIBO proposes to operate the Restaurant, at 200 South Pointe
Drive, with an 176-seat outdoor rooftop caf6 at that location, until 5:00 a.m.; and
WHEREAS, in 2009, the City enacted Ordinance No. 2009-3649, which limits outdoor
seating to 40 persons, and restricts the hours of outside operation of such facilities until 8:00
p.m.; and
WHEREAS, although the Development Agreement provides that the City's 1984 Zoning
Code (the "1984 Code") should apply to the development, Section 8 of the Development
729
Agreement, in conjunction with Florida Statutes $ 163.3233, delineates the criteria for applying
changes in the law to development agreements; and
WHEREAS, it has been the City's position that the Developer is to ensure that its tenant
CIBO, which seeks to operate the Restaurant's outdoor cafe until 5:00 a.m., complies with
Ordinance No. 2009-3649; and
WHEREAS, it is the City's position that the 1984 Code itself limits the sale of alcoholic
beverages at outdoor cafes to beer and wine, and to operate such a cafe, the applicant must apply
for a Conditional Use Permit under Sections 7 and29 of the Development Agreement; and
WHEREAS, neither Developer nor CIBO have agreed with the position of the City, or
applied for (or received) a Conditional Use Permit; and
WHEREAS, based upon the foregoing, CIBO entered into a letter proposal for
settlement, attached hereto as Exhibit A, that requires the Parties to execute a formal settlement
agreement, and which this document is the memorialization of all the terms and conditions of the
Parties; and
WHEREAS, the Parties desire to settle claims, disputes, past, present, or future
regarding the Development Agreement and the issued Notice of Conflict, regardless of
responsibility; and
WHEREAS, the six (6) neighboring condominium and homeowner's associations voiced
their concerns over various matters relating to the Development Agreement and have advised the
City and CIBO of certain concems: Continuum on South Beach Master Association, Inc.;
Continuum South Beach The North Tower Association, Inc.; Continuum on South Beach
Condominium, The South Tower Association, Inc.; South Pointe Towers I Condominium
Association Inc.; Portofino Towers Condominium Association, Inc.; and South Pointe Portofino
Tower Master Association, Inc. (hereinafter, "Six Associations"); and
WHEREAS, the Parties believe it would be in their best interests and the best interests of
the citizens of the City to agree to the provisions of this S&R Agreement.
NOW THEREFORE, in consideration for the exchange of promises contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged by the Parties, the Parties agree as follows:
1. Recitals: The above Recitals are true and correct and are incorporated herein.
3',l121942.2
730
2. Settlement: The Parties hereby settle and compromise all claims of any kind or
nature (including any claims for attomey's fees and costs), relating to, arising out of and/or in
connection with the City's July 7,2014 Notice of Conflict, except as set forth herein.
3. Settlement Terms: In consideration for the releases executed herein, the Parties
agree as follows:
(a) CIBO's proposed hours of operations for outdoor dining shall be until I 1:00 p.m.
Sunday through Wednesday with 30 additional minutes (to I 1:30 p.m.) for a cessation of
operations; and until 12:00 a.m. Thursday through Saturday with an 30 additional
minutes (to 12:30 a.m. Friday through Sunday) for cessation of operations; provided,
however, certain conditions are met. The hours of operation shall apply to any outdoor
dining areas, whether on the rooftop or first floor. There shall be no use ofthe outdoor
dining areas after 11:00 p.m. Sunday through Wednesday, and midnight, Thursday
through Saturday. The last 30 minutes shall only be utilized for staffclosing and clean-
up. This limitation would mean total lights out and no persons on the roof after l1:30
p.m. weekdays and 12:30 a.m. on weekends.
(b) The parties agree pursuant to Section 12-5 ofthe City Code, to eight (8) special
events, per year, three (3) of which may be held during the month of December.
(c) Closure ofthe first floor outdoor dining area shall be subject to the same hours of
operation as for the rooftop outdoor Restaurant. Any outdoor seating on the first floor
shall be brought into the Restaurant at closing of the interior of the Restaurant, every
evening. Should any person congregate (due to valet, smoking ofa cigarette, etc.) along
the first floor outdoor dining area, without the service of any food or drinks from the
Restaurant, after the hours of operation of the outdoor areas, as set forth in subsection
3(a) hereof, then any possible violations of noise ordinance emanating from this first
floor outdoor area will not count to the six (6) listed violations in Paragraph (c), below.
Any violations of the Noise Ordinance, found at Chapter 46, Division 4 of the City's
Code, would be treated as a regular noise complaints and not part of the six (6) possible
violations identified in Paragraph (d). Ifthere is a violation ofthe hours ofoperation as
to the service of food or drink at the first floor outdoor dining area, then that violation
would count toward the six (6) violations identified in Paragraph (d).
(d) CIBO agrees to the following "Penalties for Non-Compliance of Rooftop
Operating Hours." The offense schedule would be based upon a revolving two (2) year
"offense" period. In other words, the first offense would trigger the beginning of the two
year period. Once two (2) years have run since the first offense, a new two (2) year
3742t942.2
731
offense period would begin, and the initial offense occurring after the new period began
would be regarded as a hnal offense.
PENALTIES FOR NON-COMPLIANCE OF ROOFTOP OPERATING HOURS
Any breach of the roof-top hours of operation by CIBO will be penalized as follows:
1st documented offense reported by the City's Code Enforcement Department- Issuance
of a Waming Letter by a Code Inspector, with a requirement to cure the violation.
2nd documented offense reported by the City's Code Enforcement Department -
Issuance ofa citation for a $500.00 fine by a Code Inspector, payable within 30 days.
3'd Documented offense reported by the City Code Enforcement
of a citation for a $1,000.00 fine, payable within 30 days.
4th Documented offense reported by the City Code Enforcement
of citation by a Code Inspector providing for the "loss of one
identified under paragraph (a), of the three (3) possible events
December, for the applicable year."
Department - Issuance
Department - Issuance
special event, of the 8
proposed for month of
5th Documented offense reported by the City Code Enforcement Department - Issuance
of a citation by a Code Inspector providing for "Mandatory Closure of outdoor dining
areas for a seven (7) calendar day period".
6th Documented offense reported by the City Code Enforcement Department - Issuance
ofa citation by a Code Inspector providing for the "permanent reversion ofrooftop hours
from those identified at paragraph (a) to 8:00 p.m., per the current City Code."
All citations for documented offenses may be appealed to the Special Master pursuant to
the requirements of Chapter 30, City of Miami Beach Code of Ordinances. Any citation
that is dismissed or voided by the Special Master shall not be considered a "valid
citation" that may be considered towards the foregoing "Penalties for Non-Compliance of
Rooftop Operating Hours," and any subsequent citation shall vert to an earlier type
documented offense ifthe appeal is sustained.
(e) CIBO's Landlord placed the current cut out for the CIBO valet station in a
location which must be modified. The existing cut out fronting South Pointe Drive is for
two (2) cars at a location of approximately 10 feet from the intersection stop sign. See
732
attached Exhibit "A" Existing Cut Out Fronting South Pointe Drive. The City at its
expense, will repair and restore the curb-cut area closest to the stop sign that
currently is marked with a yellow "Do Not Park" sign, and attached as Exhibit "B"..
The cut-out area will berestored to its original configuration as previously authorized
under the Master Permit plan initially submitted by CIBO. The City shall
restore the cut-out within two years of execution of this S&R
Agreement. CIBO will not request nor will the City gralt a valet stand or bagged
parking space area for valet within 30 feet of the intersection stop sign along South
Pointe Drive ("preclusion area"). In order to accommodate the heavy valet usage
CIBO will be provided by the City up to five (5) additional bagged parking spaces
parallel to South Pointe Drive for CIBO's valet operator to provide additional space
for queuing and to avoid illegal blockage of South Pointe Drive beyond the identified
30 foot preclusion area.
(0 The City shall verify that the Valet Parking locations and number of reserved
parking spaces held per contract between CIBO and its valet service company satisfies
the City's valet parking requirements. The City will review the valet plan with the
community presidents of the Six Associations, along with the submitted traffic
flow plan. The City will review the plan to ensure that U-Turns are not utilized by the
valet company at the stop sign intersection in front of the Continuum, and to
preclude the valet service company from traversing to the valet car storage facility
reserved for the Restaurant valet patrons. An improperly designed valet plan will
create a traffic problem for the citizens of our community. Given the requirement to
have up to 14 valet drivers on busy days at the Restaurant, per CIBO's submitted traffic
plan, the Parties understand and agree that the City may require a new valet plan that
can adequately and comprehensively address the issues required to avoid
congestion or blockage of South Pointe Drive. CIBO shall provide the Valet
Parking Plan to the City within 30 days of execution of this S&R Agreement. The
City shall have 30 days to review the plans and provide any comments necessary to
ensure that the Parking Plan adequately and comprehensively addresses the traffic
concerns to the area.
(g) CIBO is reliant upon the use of valet services for its clients' parking needs. To
ensure the safety of the community and the City's residents, including the many
pedestrians, families and children who traffic this area as an entrance into and out of their
homes and the adjacent South Pointe Park and Sunrise Plaza Beach Promenade, CIBO
will submit to the City a new Traffic Plan to be reviewed by the City to determine if
the new plan is sufficient. CIBO shall submit the new Traffic Plan within 60 days of
execution of the S&R Agreement. The plan will be shared with the Six
Condominium Associations adjacent to the Restaurant. City Administration will assist
CIBO in resolving the remaining Valet and Traffic Plan related issues, and timely work
on ensuring the change in location of the valet ramp and bagging of the applicable
meters. The City will be responsible for restoring the curb cut identified above at
subsection (e).
f7421942.2
733
(h) CIBO agrees that no truck larger than a five (5) ton truck, comparable to a
Federal Express or UPS van, shall be allowed up the entrance driveway across the
Continuum's private access on the Ocean Extension area. All CIBO deliveries via
any trucks over five (5) tons shall be from the bagged parking spaces in front of
CIBO parallel to South Pointe Drive. CIBO shall adhere to the restrictions on the
hours and location of all waste and recycling removal, which shall be along the street
of South Pointe Drive. The location of all solid waste and recycling removal may be
modified by the City Administration, at the City's sole discretion.
(D During the early stage of construction of the building containing the
Restaurant, the South Pointe/Portofino Association's long white fence, which
divides the Continuum Parcel from Portofino and South Pointe Towers, was
damaged and left in a non-vertical position by the Restaurant project's General
Contractor. See attached Exhibit "C". CIBO lagree{ t9 pigyl{g q ptgp9l tgp?if gt!!-lg _
damaged fence at its expense. The fence shall be repaired within 90 days of
execution of this S&R Agreement.
0) CIBO agrees to remove the bench (s) closest to the street from the plans and the
City will install a rail to replace it. See attached Exhibit *D". CIBO agrees to remove the
uencrr lwittridsg 4evl ql slesyliq4 qf thic Q&B -4ge_eqs+!,_T_ e Qity s_t_,pl-1_!qq!?,1_l lhe rqi!_.,
within 180 days of execution of this Agreement.
(k) The Developer/ClBO has installed large A/C units, which are visible from the
street level. CIBO will install a proper and approved enclosure around the entire area of
the A/C units with a rear access gate. This requirement is supported by City Code and is
also a requirement of the Agreement. CIBO, prior to obtaining a Certificate of
Occupancy, shall properly screen the rooftop A/C units. Screening ofthe A/C unit is a
requirement of the City's Code pursuant to Ordinance No. 2009-3649.
4. Releases: In further consideration of the execution of this S&R Agreement, the
Parties for themselves and their respective parent companies, subsidiaries, divisions, affiliates,
unit owners, insurers, officers, directors, agents, employees, subcontractors, representatives,
successors and assigns (the "City Releasors" or "CIBO Releasors" as the case may be), hereby
execute, subject to the conditions and exclusions set forth in this S&R Agreement, the following
Releases:
(a) CIBO Releasors' Release of City Releasors: Upon execution of this Settlement,
CIBO Releasors hereby remise, release, acquit, satisfy and forever discharge the City Releasors,
which throughout this S&R Agreement includes, but is not limited to, its afhliates,
Commissioners, insurers, sureties, directors, officers, employees, agents and attorneys, together
with its heirs, executors, administrators, associates, representatives, successors and assigns, of
and from any and all manner of past, present and future claims, actions, suits, debts, dues, sums
37421942.2
Comment [AlI: Nick, in the letter you already
signed you agreed to this provision. I cannot cha4ge
it now. lt is my understanding you agreed as the
Landlord will actually do the repair. But as landlord
is not signatory to this agreement, and as you
agreed to this condition, it stays in.
Comment [A2]: This was in original letter you
executed and cannot be taken out.
734
of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies,
agreements, promises, variances, trespasses, obligations, damages, judgments, costs, expenses,
causes of action, executions, claims, liabilities, and demands whatsoever, in law or in equity,
whether for compensatory, punitive, or other damages (collectively referred to in this Paragraph
as the "Claims"), which the CIBO Releasors have held or now hold, ever had, now have, or
which the CIBO Releasors, hereinafter can, shall or may have against the City Releasors, for any
and all Claims, whether known or unknown, arising from, pertaining to and/or in any way
relating to the underlying matter, including all building permit actions, zoning actions,
administrative determinations, etc.
(b) City Releasors' Release of CIBO Releasors: The City Releasors hereby remise,
release, acquit, satisfy and forever discharge the CIBO Releasors, which throughout this S&R
Agreement includes, but is not limited to, its affiliates, insurers, sureties, directors, offrcers,
employees, agents and attorneys, together with its heirs, executors, administrators, associates,
representatives, successors and assigns, of and from any and all manner of past, present and
future claims, actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills,
specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses,
obligations, damages, judgments, costs, expenses, causes of action, executions, claims and
liabilities, and demands whatsoever, in law or in equity, whether for compensatory, punitive, or
other damages (collectively referred to in this Paragraph as the "Claims"), which the City
Releasors have held or now hold, ever had, now have, or which the City Releasors, hereinafter
can, shall or may have against the CIBO Releasors, for any and all Claims, whether known or
unknown, arising from, pertaining to and/or in any way relating to the hours of operation, and
more specifically, the claims raised in the Notice of Conflict.
5. Bindins Effect: Subject to City Commission approval and execution by the
Parties, this S&R Agreement shall be binding upon the Parties and their respective successors
and assigns. However, execution and notarization by all Parties shall be a condition precedent to
the effectiveness of this S&R Agreement as binding against any Party. If the City Commission
does not issue the approval, the S&R Agreement shall be null and void and of no force and
effect.
6. No Admission of Liabiliw: It is understood and agreed that the claims which are
the subject of this S&R Agreement are disputed claims and that the execution of this S&R
Agreement by the Parties, and the exclusions set forth in this S&R Agreement, are not intended
to, and shall not in any way, constitute or be deemed an express or implied admission or
acceptance of any negligence, misconduct, responsibility or liability by the Parties or an
admission against interest by the Parties, and that the Parties expressly and specifically deny all
such claims. Such consideration is being given to reduce the expense, uncertainties and hazards
of litigation and to mitigate damages to each of the Parties. There shall not be any implication
3'7421942.2
735
by any trier of fact or law of any admission or acceptance of liability or admission against
interest by the Parties and it shall not be used against the City Releasors or the CIBO Releasors
in any attempt to prove any future liability claims.
7 . Attorney's Fees: If any legal action, proceeding, or hearing is brought by the City
Releasors, or the CIBO Releasors to resolve a dispute regarding enforcement of the terms of this
S&R Agreement, then the prevailing party as between the City Releasors, and the CIBO
Releasors shall be entitled to recover reasonable attorney's fees and court costs incurred. The
Parties shall bear their own fees and costs relating to the negotiation and execution ofthis S&R
Agreement to date.
8. Miscellaneous: The Parties further agree as follows:
(a) The Parties acknowledge and agree that this S&R Agreement is fully and
adequately supported by consideration and is fair and reasonable. The Parties
further acknowledge and agree that: (i) each Party has had the opportunity to
consult with, and has in fact consulted with, such professionals, experts and legal
counsel of its choice as such Party may have desired with respect to a1l matters
settled and resolved hereiry (ii) each Party has participated fully in the negotiation
and preparation of this S&R Agreement; (iii) each Party has carefully reviewed
this S&R Agreement and is entering into same freely; and (iv) this S&R
Agreement is entered into in good faith and was not obtained by fraud,
misrepresentation, or deceit. Accordingly, this S&R Agreement shall not be more
strictly construed against any Party.
(b) The Parties hereto understand and agree that this S&R Agreement will not
be binding on the Parties to this S&R Agreement until such time as the City
Commission of the City of Miami Beach has approved same, and the S&R
Agreement is fully executed by the Parties to tne SAn Agreement. City
Commission approval is a material condition precedent to the execution and
enforceability of this S&R Agreement, without which the City does not agree to,
and is not subject to, the terms and conditions contained herein.
(c) Each of the signatories hereto represents that he or she has authority to
execute this S&R Agreement and to bind the Party on whose behalf he or she has
signed.
(d) This S&R Agreement is being consummated in the State of Florida, and
the performance by the Parties hereto is in the State of Florida. This S&R
Agreement shall be construed and govemed in accordance with the laws of the
3'7421942.2
736
State of Florida and the sole and exclusive venue for any lawsuit relating to this
S&R Agreement is Miami-Dade County, Florida. The Parties expressly agree to
waive trial by jury in any action to enforce this S&R Agreement.
(e) Before resorting to litigation, the parties agree to use commercially
reasonable, good faith efforts to resolve disputes without litigation as hereinafter
provided. In the event of a dispute which the parties cannot resolve directly
between themselves within ten (10) days, the parties agree to submit to non-
binding mediation for up to a period of thirty (30) days after either party sends
written notice to the other party demanding mediation (but no longer unless the
parties mutually agree) to resolve the dispute using an independent, trained
mediator agreed to by both parties. Ifthe dispute remains unresolved after such
thirty (30) day period or if the parties cannot agree upon a mediator within fifteen
(15) days after the demand for mediation, either party may proceed to commence
litigation. The parties shall equally split the cost of the mediator.
(0 In construing this S&R Agreement, the singular shall be held to include
the plural, the plural shall be held to include the singular, the use of any gender
shall be held to include every other and all genders, and captions and paragraph
headings shall be disregarded.
(g) Any exhibits attached to this S&R Agreement are incorporated in, and
made a part of, this S&R Agreement.
(h)Time is of the essence in the performance of this S&R Agreement.
9. Entire Asreement: This S&R Agreement, together with any documents
referenced herein, constitutes the full and entire agreement and understanding between the
Parties as related to the Project, and there are no agreements, representations or warranties except
as specifically set forth herein. This S&R Agreement replaces any prior or contemporaneous
written or oral representation or understanding about the terms of this S&R Agreement. All prior
discussions, negotiations, letters, demands and writings of any kind are fully merged into this
S&R Agreement and are to be construed to be of no further force or effect, it being the intention
of the Parties that this S&R Agreement shall serve as the sole and entire expression of their
agreement and understanding. This S&R Agreement shall be binding on, and shall inure to the
benefit of, the respective successors and assigns, if any, of each Party.
10. Modification: No Waiver: This S&R Agreement may only be modified in writing
signed by the Parties. No waiver or modification of the S&R Agreement or of any covenant,
condition or limitation contained herein, shall be valid unless in writing and signed by all Parties
37421942.2
737
to the S&R Agreement, or their authorized counsel. If the City or CIBO excuses or condones
any breach or default by the other Party of any obligation under this S&R Agreement, this shall
not be a waiver of such obligation with respect to any continuing obligation or subsequent breach
or default and no such waiver shall be implied.
11. Counterparts: This S&R Agreement may be executed in one or more
counterparts, each ofwhich shall be deemed an original, but all ofwhich together represent one
instrument binding on the Parties, notwithstanding that all of the Parties are not signatories to the
same counterpart. The Parties further agree that this S&R Agreement may be signed and
submitted via facsimile or electronic mail.
12. Severabilitv: If any provision of this S&R Agreement is held or rendered illegal
or unenforceable, it shall be considered separate and severable from this S&R Agreement and the
remaining provisions of this S&R Agreement shall remain in full force and effect and bind the
Parties as though the illegal or unenforceable provision had never been included in the S&R
Agreement.
13. Captions: References: The captions of this S&R Agreement are for the purpose
of convenience ofreference only and in no way define, limit or describe the scope or intent of
the S&R Agreement or in any way affect the terms and conditions of this S&R Agreement. All
references in the S&R Agreement to the terms "herein," "hereunder," "hereof' and words of
similar import shall refer to this S&R Agreement, as distinguished from the Paragraph, Section
and/or Subsection within which such term is located.
14. Third Parties: Nothing express or implied in this S&R Agreement is intended or
should be construed to confer upon or give any person or entity, other than the City and CIBO,
any rights or remedies under, or by reason of, this S&R Agreement.
IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date
first written above:
lRemainder of page intentionally left blank.)
3',7421942.2
738
CIBO
Florida
WINE BAR MIAMI, LLC, A
limited liability company
By:
Print Name:Nicola Di Donato, President
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI.DADE
The foregoing instrument was acknowledged before me this _ day of _,
2014,by Nicola Di Donato, President of CIBO Wine Bar Miami, LLC, who is personally known
to me or who has produced (type of identification).
Name:
(Print Name)
Notary Public - State of Florida
My Commission Expires:
3',7421,942.2
739
THE CITY OF MIAMI BEACH,
FLORIDA, a political sub-division of the
State ofFlorida
By:
Print Name:Name:
Title:
Print Name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of
2014, by of CITY OF MIAMI BEACH, FLORIDA, a
political sub-division of the State of Florida, who is personally known to me or who has
produced (type of identifi cation).
Name:
(Print Name)
Notary Public - State of Florida
My Commission Expires:
ATTEST:
City Clerk
Approved
Planning Director Date
Approved as to form and language and for
execution
City Attorney Date
Exhibit "A"
37121912.2
Date
740
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
FROM:
DATE:March 11,2015
SUBJECT: Discussion of Scheduling First Reading on April 15, 2015, of an Ordinance
Amendment to the Land Development Regulations modifying the MXE district setback
requirements to include separate, reduced setback requirements for commercial buildings,
with a lot line on Collins Avenue, that do not contain any hotel or residential units
TITLE:An Ordinance Amending The Land Development Regulations Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division
13, "MXE Mixed Use Entertainment District," Section 142-547, "Setback Requirements," By
Amending The Setback Requirements To lnclude Separate, Reduced Setback Requirements For
Commercial Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For
Codification; Repealer; Severability, And An Effective Date.
I originally sponsored this item. This exact ordinance was heard on October 22,2014, as a First
Reading item and was approved by the City Commission. The item died for lack of a second during
the November 19, 2014 City Commission meeting. As the item has already been vetted by the Land
Use and Development Committee, as well as the Planning Board, I am asking that the City bypass
returning this item to the Land Use and Development Committee, as well as the Planning Board, and
allow this item to be re-introduced to the City Commission for action, as a first reading of the
ordinance at the April 15th, 2015 Commission meeting.
We ore commilled lo providing excellenl publb service ond sofely lo oll who live work ond ploy in our vibronl, tropicol, hist Agenda ltem
Mayor Philip Levine and Commissioners
Michael Grieco, Commissi on"@-
Date .4-741
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:Mayor Philip Levine and Commissioners
FROM: Joy Malakoff, Commissioner
DATE: March 11,2015
SUBJECT: Discussion of Scheduling First Reading on April 15, 2015, of an Ordinance
Amendment to the Land Development Regulations modifying the MXE district setback
requirements to include separate, reduced setback requirements for commercial buildings,
with a lot line on Collins Avenue, that do not contain any hotel or residential units
TITLE:An Ordinance Amending The Land Development Regulations Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations," Division
13, "MXE Mixed Use Entertainment District," Section 142-547, "Setback Requirements," By
Amending The Setback Requirements To lnclude Separate, Reduced Setback Requirements For
Commercial Buildings That Do Not Contain Any Hotel Or Residential Units; Providing For
Codification; Repealer; Severability, And An Effective Date.
This item was originally sponsored by Commissioner Michael Grieco. This exact ordinance was
heard on October 22, 2014, as a First Reading item and was approved on first reading by the City
Commission. The item died for lack of a second during the November 19, 2014 City Commission
meeting. As the item has already been vetted by the Land Use and Development Committee, as
well as the Planning Board, I am asking that the City bypass returning this item to the Land Use and
Development Committee, as well as the Planning Board, and allow this item to be re-introduced to
the City Commission for action, as a first reading of the ordinance at the April 1sth, 2015 Commission
meeting.
We ore commtlled lo providing excellent public service ond sofel'1 to oll who live. work. ond ploy in our vibront tropicol hisforic communil,y'
742
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: March 4rd,2015
SUBJECT: Agenda item for March 11th, City Commission Meeting
Please place on the March 11th City Commission Meeting Agenda a referral to Land Use
Development Commitee andlor a discussion regarding consideration of a bicycle path as an
addition to the beach walk.
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 ccnnilled lo providing excellent g,tblic serwce ood sofelr to oi! w&o iive. wak. ond ploy ln our vibrant, hopicol. historic canmunity
Asenda rtem R1 O
oate 3^l[-lS743
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744
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO; Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: March 4rd,2015
SUBJECT: Agenda item for March 11th, City Commission Meeting
Please place on the March 11th City Commission Meeting Agenda a discussion regarding a
budget to provide urban planning and other appropriate training for Land Use board
members.
This training could also benefit staff and perhaps other municipalities that may attend.
Miami Beach could become a leader in initiating a more progressive dialogue regarding
South Florida Urban Planning.
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 cqnmilted lo providing exceilenl pub/r'c sewic.e and salety lc> alt who liue, w,ork, and piay in cu vibronl, ftopico!. histaric @nmuoity
Agendaltem ,R?P
oate 3-ll-lS745
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746
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: March 4rd,2015
SUBJECT: Agenda item for March 11th, City Commission Meeting
Please place on the March 11th City Commission Meeting Agenda a discussion about
providing refreshments for the Board and Committee Members that have day long meetings.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We oe camnitled to provding excellenl public sewtce and sa[e$ a oll who live. work, and p{ay in our vibrant, ttopica!, historic cotnmunity
Agenda ttem R?A
oate 3 -/l-lf747
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748
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: Discussion regarding the 63'd Street Bridge and the 2016 Yacht Show and
Traffic lmpact
Please place on the March 11th City Commission Meeting Agenda a discussion item
regarding the 63'd Street bridge and the 2016 Yacht Show and the traffic impact it will have.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commilted to providing excellenf public seruice ond sofely to oll who live, work, ond play in our vibrant, tropicol histnrir.^mmt,ni^, ,^ A (t
Agenda ltem ln"l ta=
Date 3-11-t5-749
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750
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: Discussion regarding valet parking
Please place on the March 11th City Commission Meeting Agenda a discussion item
regarding valet parking.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore committed fo providing excellent public service ond sofenT b oll who live, work, ond play in our vibront, tropicol histaric communitv
751
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752
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd, 2015
SUBJECT: Discussion regarding North Beach peak hour traffic
Please place on the March 11th City Commission Meeting Agenda a discussion item
regarding North Beach peak hour traffic, multiple failing intersections and management of
the Collins corridor.
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 play in our vibront, rroO,.o, Ag"nda ltgm RqT
Date 3-ll-lS753
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754
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: Discussion waiving city fees and charges for Miami Beach Gay Pride 2015
Please place on the March'l1th City Commission Meeting Agenda a discussion concerning
waiving remaining city fees and charges for Miami Beach Gay Pride which includes square
footage and Lummus Park user fees.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore commifted to providing excellenl public service ond sofettT to oll who live, work, ond ploy in our vibront, tropicol hi.storie eommtnihr
Agenda ltem -R3 !L
Date 3-ll-15755
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756
b:MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: March 3'd,2015
SUBJECT: Discussion regarding Miami Beach's potential participation in the US Department
of Transportation Mayors' Challenge for Safer People, Safer Streets
Please place on the March 11th City Commission Meeting Agenda a discussion item
regarding Miami Beach's potential participation in the US Department of Transportation
Mayors' Challenge for Safer People, Safer Streets
Attached, please find report released by United States Department of Transportation,
"Mayor's Challenge for Safer People, Safer Streets".
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are committed lo providing excellent public service and safety to all who live, work, and ptay in our vibrant tl ^;--t at-,^-;^
Ag;naa ftem R4V
Date 3.ll-lf757
Mayors'Challenge for Safer People, Safer Streets I Department of Transportation
U nited Sloles
Deportment of Tronsportotion
Page 1 of4
Mayors' Chattenge f or Safer Peopte, Safer Streets
Photo Caption: U.S. Transportation Secretary Anthony Foxx atthe 2014 Pro Walk. Pro Bike. Pro
Place Conference
Secretary Foxx is challenging mayors and local elected officials to take significant action to
improve safety for bicyclists and pedestrians of all ages and abilities over the next year. Mayors'
Challenge pafticipants will be invited to attend the Mayors' Summit for Safer People, Safer
Streets in March, and their cities will spend a year helping their communities undertake
seven activities to improve safety. The challenge is based on the 2010 USDOT Policv Statement
on Bicvcle and Pedestrian Accommodation. Click here for an executive summary of the Mayors'
Challenge.
Cities can join the challenge here or by emailing their Team Leader's contact information to
oed b i kesafetv@dot. oov
Mayors and other elected city officials can participate by leading a call to action and helping
their cities take on the Challenge activities outlined below.
Call to Action
http ://www. dot. gov/mayors-challenge 313120r5758
Mayors' Challenge for Safer People, Safer Streets I Department of Transportation Page 2 of 4
. Issue a public statement about the importance of bicycle and pedestrian safety. Form a Ioca! action team to advance safety and accessibility goals
. Take local action through the Challenge activities (listed below)
Mayors' Challenge Activities
. Take a Comolete Streets aporoach
. Identifo and address barriers to make streets safe and convenient for all road users.
includino people of all aoes and abilities and those usino assistive mobility devices
o Gather and track bikino and walkino data
. Use desions that are approoriate to the context of the street and its uses. Take advantaoe of oooortunities to create and comBlete oed-bike networks throuoh
maintenance
. Improve walkino and bikino safetv laws and requlations
. Educate and enforce orooer road use behavior bv all
Take a Complete Streets approach
Complete streets make it safe and convenient for people of all ages and abilities to reach their
destination whether by car, train, bike, or foot. A Complete Streets approach stafts with a
policy commitment to prioritize and integrate all road users into every transportation project.
Read more about Take a Complete Streets approach
Back to Top
ldentify and address barriers to make streets safe and convenient for all
road users, including people of all ages and abilities and those using
assistive mobi lity devices
The ability for older adults, young children, and people with disabilities to travel safely is critical
to freedom of mobility and quality of life. People may have challenges with eyesight, reaction
times, cognitive ability and muscle dexterity that travel difficult.
Read more about Identify and address barriers
Back to Top
Gather and track biking and walking data
The lack of systematic data collection related to walking and bicycling transportation, such as
count data, travel survey data, and injury data, creates challenges for improving non-motorized
transpoftation networks and safety. Communities that routinely collect walking and biking data
are better positioned to track trends and prioritize investments.
http ://www. dot. gov/mayors-challenge 31312015759
Mayors' Challenge for Safer People, Safer Streets I Department of Transportation Page 3 of4
Read more about data collection
Back to Too
Use designs appropriate to the context of the street and its uses
Transpoftation agencies are encouraged, when possible, to go beyond designing walking and
bicycling facilities to the minimum standards. It is more effective to plan for increased usage
than to retrofit an older facility. Planning projects for the long-term should anticipate likely
future demand for bicycling and walking facilities and not preclude the provision of future
improvements.
Read more about aoprooriate street desiqn
Back to Too
Take advantage of opportunities to create and complete ped-bike
networks through maintenance
Expanding and improving existing roads and facilities to build biking and walking networks as
part of regular and routine resurfacing and other maintenance programs can be a low cost
alternative to building new roads or widening existing roads.
Read more about create networks
Back to Top
lmprove walking and biking safety laws and regulations
Traffic laws such as reduced speed, failure to yield, passing, and helmet laws can be effective in
improving safety for pedestrians, bicyclists, and others.
Read more about walkino and bikino safetv laws and reoulations
Back to ToB
Educate and enforce proper road use behaviors by all
Highly-visible and well publicized targeted enforcement tied with educational campaign has
shown to be effective in reducing crashes.
Read more about education and enforcement
Back to Too
http ://www. dot. gov/mayors-challenge 3l3l20ts760
Mayors' Challenge for Safer People, Safer Streets I Department of Transportation
Updated: Tuesday, February 24,2075
Click on the slide below to view the Mayors'Challenge lnformationalWebinar
Related Links
. Mavors' Challenoe Executive Summarv
. Mavors' Challenoe O's & A's
o Mavors' Challenoe Cities
Pedestrian and Bicycle Sofrty
US Department of Transportation
1200 New Jersey Ave, SE
Washington, DC 20590
United States
oedbi kesafetv@dot. oov
Business Hours:
9:00am-5:00pm ET, M-F
Page 4 of4
Sign up lor theMayors' ChatLenge!
http ://www. dot. gov/mayors-challenge 3/312015761
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762
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: Morch 4, 2015
Re: Commission Agendo ltem - Discussion ltem
Pleose ploce on the Morch 11 , 2Ol5 Commission Agendo the following item:
I would like to discuss storting controct negotiotions with the Police ond Fire Unions os
soon os possible, but first would like to hove on ottorney/client closed session ot the
April Commission Meeting.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony
questions.
JW
Aoenda ltem RqU- Drt"-T4T1f763
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764
R1 0
CITY ATTORNEY REPORTS
765
MIAMIBEACH
C,fy of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Raul Aguila, City Attor neyZ*rl- *.1
March 11,2015
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1. Wells Farqo Bank. N.A. vs UV Cite. LLC. et al.. Case No. 14-13745 CA 59 (Circuit
Court - 11m Judicial Circuit in and for Miami-Dade County, Florida)
This is an ac,tion to foreclose a mortgage on real property located 5445 Collins
Avenue, Unit 522, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on February 10, 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 February 10, 2015.
2. J.P. Morsan Alternative Loan Trust vs Suthus Khamkhanq. et al.. Case No. 15-
Dade County,
Florida)
This is an action to foreclose a mortgage on real property located 7124 SW 62 Ct.,
Miami, Florida. The Summons and Verified Complaint were served on the City on
February 11,2015.
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 February 17,2015.
3. Ocwen Loan Se4{icins. LLC vs Ricardo Lameira. et al.. Case No. 15-3360 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 549 Meridian
Avenue, Unit 12, Florida. The Summons and Verified Complaint were served on the
City on February 26,2A15.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer services, demolition
or board-up liens, and resort taxes will be timely filed.
TO:
FROM:
DATE:
Asenda ltern -(10&-oate 3-ll- tS-766
City Attorney's Report
March 11,2015
Page 2
Cul of Miami Case #
15-1585 CA
County).
01 (Circuit Court - 11 Judicial Circuit in and for Miami Dade
The City was served with this complaint on February 19,2015 alleging that on
July 29, 2013, the plaintiff, Monica Culpepper, fell on the sidewalk of 211
Lincoln Road, Miami Beach, Florida 33139 as a result of stepping on a
recessed lighting flxture that was improperly installed, improperly maintained,
broken, improperly designed and othenuise dangerous, thereby creating a
hidden hazard over which Plaintiff Monica Culpepper tripped and fell. The
Plaintiff is alleging that she sustained bodily injuries and is also suing for loss
of consortium although she did not provide us with a pre-suit notice of her
consortium claim as required by Florida Statute 768.28. We shall file our
answer and propound discovery. We shall atso be sending out tender letters to
SureTec insurance company (the bonding company) who took over the
installation of the lighting fixtures from M. Vila and are yet to hand over the
project to the City at the time the accident occurred. We shall also inquire to
see if the contractor retained to complete the project by SureTec, Donclay lnc.,
obtained a general liability insurance policy naming the City as an additional
named insured. ln the event that they did, we shall go ahead and also tender
to their insurance carrier.
RA\SR\IT
F'\ATTO\AAO F F\AAOF F\FI LE.#SU0 1 s\Status Report CAO 03 1 1 1 5. docx
767
REPORTS
AND
INFORMATIONAL ITEMS
768
1. Reports and Informational ltems
(see LTC 094-2014)
Agenda ltem /
Date g,flT769
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770
r.-..-.I-.e,
--e
LETIER IO COMMISSION
To: Mayor Philip Levine and Members
From: Jimmy L. Morales, City Manager
Date: March 11,2015
088-2015
the City
Subject: List of Projects Covered by the Cone Silence Ordinance
ln an effort to disseminate information to elected officials and City staff relative to projects that
are covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the
Cone of Silence is in effect from the date the solicitation is advertised, as indicated below,
through date of award by the City Commission.
Agenda ltem
Date
2
3Ji-lr
2014-187-RFP-SR 5119114
Design/Build Services for Neighborhood No. 8:
Central Bayshore South Right-of-Way
lnfrastructure
Requesfed to be cancelled
CIP
2014-346-RFQ-YG 9t18t2014
Professional Architectural and Engineering
Services in Specialized Categories on an "As-
Needed-Basis"
Citywide
2014-253-RFP-YG 1111212014 Design/Build Services for 54" Redundant Sewer
Force Main
Public Works
2015-043-RFQ-WG 12119t2014 Resort Taxes Audit Services lnternalAudits
2015-081-|TN-LR 01t27t2015 lnvestment Advisory Services Finance
2015-055-tTN-WG 01t16t2015 Property Management Services
Office of Housing
and Community
Services
2015-060-tTN-LR 112712015
Lease of City Owned Buildings and Rooftops for
the Replacement of Telecommunications
Equipment
Tourism, Culture
and Economic
Develooment
2015-061-RFP-LR 01t16t2015 Background Checks Police/Fire/HR
2015-086-RFQ-YG 02103t2015 Master Planner of North Beach District City Manager
771
2015-095-RFP-MT 0211312015 Elevator lnspection and Plan Review
Services Building
2015-073-RFQ-JR 02113t2015
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
Department
Building
2015-090-RFQ-JR 0212112015 Facilities Maintenance Services Property
Manaqement
2015-103-RFP-ME 01t29t2015
The Development of a Convention
Headquarter Hotel Adjacent to the Miami
Beach Convention Center
City Manager
2015-012-tTB-AK 0210412015 Bulk Mailing Services Citywide
2015-107-tTB-JR 02t20t2015 7th Street Parking Garage Renovation CIP
2015-133-RFP-YG 03t13t2015
(Tentative)
Design/Build Services for Neighborhood
No. 8: Central Bayshore South Right-of-
Way lnfrastructure
CIP
2015-126-RFP-LR 0311312015
(Tentative)Telecommunications Audit Services IT
2015-112-RFP-WG 0311312015
(Tentative)
To Provide Wellness Services to the City
of Miami Beach for its Active Employees
and their Dependents
Human
Resources
2015-093-tTB-JR 03t09t2015
(Tentative)
Moving of Office Furniture Supply and
Eouioment Procurement
2015-046-ITB-JR 03t09t2015
(Tentative)
Replace Driving Range Netting at the
Miami Beach Golf Club
Parks and
Recreation
2015-129-RFP-ME 02t27t2015
(Tentative)
CM at Risk for the Miami Beach
Convention Center City Manager
2015-127-RFQ-JR 0311312015
(Tentative)
Architect and Engineering Services for
the Middle Beach Recreational Corridor
Environmental
Sustainability
Pa;e 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.
,arrrrriB,
f :\AG EN
PA\20
1 5\M arch\Procu reme nt\M arch Cone LTC
772
MIAMI BEACH
City of Miomi Beoch, lZ00 Conveniion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of tde City Commi
Jimmy L. Morales, City Manager
March 11,2015
REPORT FROM GOMMISSION COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WTTHTN (6) StX MONTHS FRoM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withd rawn.
Attached is a list of item(s) that were automatically withdrawn for March 2015:
Neiqhborhood/Gommunitv Affairs Gommittee
There are no items to be automatically withdrawn at this time.
Finance & Citvwide Proiects Commiftee
There are no items to be automatically withdrawn at this time.
Sustainabilitv & Resiliencv Commiftee
There are no items to be automatically withdrawn at this time.
Land Use & Development Gommittee
There are no items to be automatically withdrawn at this time.
JLM/REG
T:\AGENDA\2O 1 S\March\Com mittee I tems Removed after 6 months.docx
Agenda ltem
Date
TO:
FROM:
DATE:
SUBJECT:
?
-
3-U^15773
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774
RDA
775
REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A Resolution Of The Miami Beach Redevelopment Agency, 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 Art
Connection lnternational, lnc. (Tenant), ln Connection With The Use Of Suite No.6 At The Anchor Shops, Located At 100 16th Street, Suite No. 6,
Miami Beach. Florida For a term on November 12.2015 and on November 11,2025.
Ensure E Trends Are Sustainable Over The Lonq 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 Qusiness and 61% of the same group would recommend Miami Beach as a place to do business
The Miami Beach RedevglgpT:llAg"19y^S.%):yrrently hasa retail lease with ArtConnection lnternational, lnc. who occup6s 7Z sqr.rarefeet of
space at the Anchor Shops, located at 100 16'" 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. ArtConnection was originally created by a husband wife team Mario and Gabriella Provenzano
selling custom designed jewelry from Switzerland and other small European gift items. ln June 2004 the Provenzanos advised the City they were
pursuing divorce and the City and RDA ultimately approved Resolution No. 492-200, which approved a new Retail Lease Agreement with
ArtConnection, with Gabriella Provenzano as Owner, for a term of approximately eleven 1 1 years. The lease expires on Novembei 1 1 , 2015 and
does not have any renewal options.
ANALYS!S
ln anticipation of the lease expiration, the City, on behalf of the RDA, began discussions and negotiations with the Tenant during the summer of
2014. Subsequent to these negotiations, both parties approved the attached letter of intent (Tenant's Offer), setting forth the malerial terms for a
new lease, a copy of which is attached as Exhibit "1". The material terms set forth in the Tenant's Offer are as follows:
lnitial Lease Term: Five (5) years
Base Rent:The Base Rent shall be $65.00 per square foot, payable in monthly installments of $3,905.42, plus applicable sales tax.
Base Rent lncreases: Three percent (3%) fixed annual increases
CAM Pass-Through: Tenant shall pay its proportionate share of Property Taxes and lnsurance on the Anchor Shops and Parking Garage.
lmprovements:
Security Deposit:
Tenant agrees to accept the Premises in as-is condition
Two month's rent in the total amount of $7,810.83
Financial Records: Landlord shall have the right to periodically review Tenant's Financial Records and statements of operation.
Personal Guaranty: Tenant's responsibilities under the Lease shall be personally guaranteed by individual owners and/or officers. Tenant
shall provide personal financial statements for said owners/officers for Landlord's review and approval.
It is important to also note that although the Tenant has agreed to the terms outlined above and in the LOl, Hanna Rabenseifner, Esq, on behalf of
Tenant, submitted a letter on January 21 , 2015, Exhibit "2", requesting a lease with a term of 9 years and 364 days instead of an initial term of 5yearswithlrenewal optionof4yearsand364days. TenantcurrentlyhasanE-2TreatylnvestorVisaandisseekingtorenewtheVisa. Staffhas
reviewed the E-2 Visa requirements and nothing precludes the City from entering into a 5 year initial lease term, but the Tenant may have to apply to
renew the Visa again at the time of lease renewal.
TheFinanceandCitywideProjectsCommittee(FCWPC)consideredthisitemattheirFe
and enter into a Lease Agreement with Art Connection lnternational, lnc. for Unit No. 6 at the Anchor Shops fbr one term of nine (g) years anb gO+
a reassessment of rent after the fifth (5'") year to the prevailing fair market rent rate for the remainder of the lease.
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: See above summary.
AGENDA ITEIII
DATE
/A
3-ll-lrg MIAMIBEACH 776
tb
-
MIAAAIBEACH
City of Miomi Beoch, I 700 Conveniion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
REDEVELOPME AGENCY MEMORANDUM
Chairperson and Members of the Miami Bbach Agency
FRoM: Jimmy L. Morales, Executive Director
DATE: March 11,2015
SUBJECT: A RESOLUTION OF THE CHAIRPERSqN 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 INTO A LEASE AGREEMENT BETWEENTHE MIAMI BEAGH REDEVELOPMENT AGENGY (LANDLORD) AND
ARTCONNEGTION INTERNATIONAL, INC. (TENANT), !N CONNEGTION WITH THE
USE OF SUITE NO. 6 AT THE ANCHOR SHOPS, LOGATED AT 1OO 16TH STREET,
sutTE No. 6, MtAMt BEACH, FLORTDA (SPACE), FOR A TERM COMMENCING ON
NOVEMBER 12, 2015 AND END!NG ON NOVEMBER 11, 2025.
BACKGROUND
The Miami Beach Redevelopment Agency (RDA) currently has a retail lease with ArtConnection
lnternational, lnc. who occupiesT2l square feet of 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 squarefeet of ground retail space (collectively,
Anchor Garage and Shops), located on 16th Street, between Collins Avenue and Washington
Avenue. ArtConnection was originally created by a husband wife team Mario and Gabriella
Provenzano selling custom designed jewelry from Switzerland and other small European gift
items.
ln June 2004 the Provenzanos advised the City they were pursuing divorce and the City and
RDA ultimately approved Resolution No. 492-200, which approved a new Retail Lease
Agreement with ArtConnection, with Gabriella Provenzano as Owner, for a term of
approximately eleven 11 years. The lease expires on November 11,2015 and does not have
any renewal options.
ANALYSIS
ln anticipation of the lease expiration, the City, on behalf of the RDA, began discussions and
negotiations with the Tenant during the summer of 2014. Subsequent to these negotiations,
both parties approved the attached letter of intent (Tenant's Offer), setting forth the material
terms for a new lease, a copy of which is attached as Exhibit "1". The materialterms set forth in
the Tenant's Offer are as follows:
1OO 16th Street, Suite 6
Miami Beach, Florida 33139
Premises:
777
Redevelopment Agency
Anchor Shops - Art Connection lnternational, lnc. lJnit #6 Lease
March 11, 2015
Page 2 of 3
Size:721 square feet
Commencement Date: The date the Lease is fully executed by Landlord and
Tenant
Base Rent lncreases: Three percent (3%) fixed annual increases
!nitial Lease Term:
Renewal Option:
Base Rent:
CAM Pass-Through:
lmprovements:
Security Deposit:
Financial Records:
Personal Guaranty:
Five (5) years
None
The Base Rent shall be $65.00 per square foot, payable in
monthly installments of $3,905.42, plus applicable sales tax.
Tenant shall pay its proportionate share of Property Taxes and
lnsurance on the Anchor Shops and Parking Garage.
Tenant agrees to accept the Premises in as-is condition.
Two month's rent in the total amount of 97,810.83
Landlord shall have the right to periodically review Tenant's
Financial Records and statements of operation.
Tenant's responsibilities under the Lease shall be personally
guaranteed by individual owners and/or officers. Tenant shall
provide personal financial statements for said owners/officers for
Landlord's review and approval.
Neither Landlord nor Tenant are represented by a broker in this
transaction.
Agency Disclosure:
It is important to also note that although the Tenant has agreed to the terms outlined above and
in the LOl, Hanna Rabenseifner, Esq, on behalf of Tenant, submitted a letter on January 21,
2015, Exhibit "2", requesting a lease with a term of 9 years and 364 days instead of an initial
term of 5 years with 1 renewal option of 4 years and 364 days. Tenant currently has an E-2
Treaty lnvestor Visa and is seeking to renew the Visa. Staff has reviewed the E-2 Visa
requirements and nothing precludes the City from entering into a 5 year initial lease term, but
the Tenant may have to apply to renew the Visa again at the time of lease renewal.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
The Finance and Citywide Projects Committee (FCWPC) considered this item at their February
2, 105 meeting and recommended the RDA approve and enter into a Lease Agreement with Art
Connection lnternational, lnc. for Unit No. 6 at the Anchor Shops for one term of nine (9) years
and 364 days with a reassessment of rent after the fifth (Sth) year to the prevailing fair market
rent rate for the remainder of the lease.
778
Redevelopment Agency
Anchor Shops - Art Connection lnternational, lnc. Unit #6 Lease
March 11 , 2015
Page 3 of 3
RECOMMENDATION
As per the FCWPC recommendation, the Administration recommends a lease agreement
between the Miami Beach Redevelopment Agency (Landlord) and Art Connection lnternational,
lnc. (Tenant), in connection with the Anchor Shops, located at 100't6th Street, Suite No.6,
Miami Beach, Florida (Space), for a term commencing on November 12, 2015 and ending on
November 11,2025.
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,::r:m:approved durins and as part of the RDA Board's resular asenda.
T:\AGENDAUOI5\I/IARCH\TCED\UNIT 6 NEW LEASE RDA MEMO 2015,DOC
Enclosures:
Exhibit 1 - Lefter of lntent
Exhibit 2 - Draft Lease Agreement
779
RESOLUTION NO.
A RESOLUTION OF THE GHAIRPERSON AND MEMBERS OF THE
M|AM! BEACH REDEVELOPMENT AGENCY (RDA), ACCEPTING THE
RECOMMENDATIONS OF THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE, AND APPROVING AND AUTHORIZING THE RDA TO
ENTER INTO A LEASE AGREEMENT BETWEEN THE MIAMI BEACH
REDEVELOPMENT AGENCy (LANDLORD) AND ARTCONNECTTON
TNTERNATIONAL, !NC. (TENANT), tN CONNECTTON WITH THE USE OF
SUITE NO.6 AT THE ANCHOR SHOPS, LOCATED AT 1OO 16TH
STREET, SUTTE NO. 6, MtAMt BEACH, FLORTDA (SPACE), FOR A
TERM COMMENCING ON NOVEMBER 12, 2015 AND ENDING ON
NOVEMBER 11,2025.
WH E REAS, the M ia m i Beach Redevelopment Agency ( RDA), successor-in-interest
to MB Redevelopment, lnc., has Suite No.6, located at 100 16th Street, Miami Beach,
Florida 33139, which space has approximately 721 square feet of retail space (Space)
which will be available for rent November 12,2015; and
WHEREAS, ArtConnection lnternational, lnc. (Tenant) is desirous of entering into a
new lease with the RDA for the Space, based upon a letter of intent (Tenant's Offer)
containing the following material terms and conditions: 1. a lease term commencing on
November 12,2015 through November 11,2025;2.the Minimum Rent, commencing at the
initial rate of $65.00 per square foot forthe first year, with annual escalations bythe greater
of 3o/o or CPI; 3. operating expenses (Operating Expenses), including common area
maintenance (CAM), adjustable every year, commencing year 2; and 4. a guaranty of the
lease by Tenant; and
WHEREAS, on February 2,2015, Staff presented Tenant's Offer to the Finance and
Citywide Projects Committee (FCWPC) and recommended acceptance of Tenant's Offer;
and directed Staff to finalize a new retail lease, for approval by the RDA Board;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that the Chairperson
and Members of the Miami Beach Redevelopment Agency hereby authorize the
Chairperson and Secretary to accept the recommendation of the City's Finance and
Citywide Projects Committee (FCWPC), and approve and authorize the Chairperson and
Secretary to execute a lease agreement between the Miami Beach Redevelopment
Agency (Landlord) and ArtConnection lnternational, lnc. (Tenant), in connection with the
use of Suite No.6 atthe AnchorShops, located at 100 16th Street, Suite No.6, Miami
Beach, Florida (Space), for a term commencing on November '12, 2015 and ending
November 11,2025, substantially in the form attached hereto and incorporated herein as
Exhibit "1".
780
PASSED and ADOPTED this 11th day of March, 2015.
ATTEST:
Rafael E. Granado, Secretary Philip Levine, Ghairperson
JLM\KGB\MS\GNT
T:\AGENDA\2015\March\TCED\Unit 6 New Lease RDA RESO 2015.doc
,gFffgffiR8f,Ig,
& FOR EXECUTION
Q*,f- a.'zt'6Citvettor lT E
781
/\AIAMI BIACH
City of Mlaml Beach, '1700 Convpnlion Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
TOURISM, CULTURE AND ECONOMIC DEVELOPMENT DEPARTMSNI
Ofiics ot Real Eslate
TeL 305-673-7193 I FEx; 786-394-4539
November 26,2014
Ms. Gabriella Provenzano
ArtGonnection lnternational, lnc.
100 16'h Street, Suite 6
Miami Beach, FL 33139
Non-Binding Letter of lntent
100 l6th Sheet, Suite 6
Miami Beach, Florida 33{39
Re:
Dear Ms. Provenzano:
This Non-Binding Letter of lntent shall set forth the basic terms and conditions under
which the Miami Beach Redevelopment Agency (the .Landlord") is willing to enter into a
lease agreement (the "Lease") with Art0onnection lnternational, lnc. {the "Tenant").
Premises:
Size:
Gommencement Date:
lnitial Lease Term:
RenewalOption:
Base Rent:
Base Rent lncreases:
CAM Pass-Through;
100 16m Street, $uite 6
Miami Beach, Florida 33139
721 square feet
The date the Lease is futly executed by Landlord and
Tenant
Five (5) years
So long as Tenant has never been in an uncured default of
the Lease, upon providing Landlord written notice six (6)
months prior to the expiration of the lnitial Lease Term,
Tenant shall have one {1) renewal option, for a period of
four (4) years and 364 days, at the then prevailing fair
market rent.
The Base Rent shall be $65.00 per square foot, payable in
monthly installments of $3,905.42, plus applicable sales
tax.
Three percenl (3%) fixed annual increases
Tenant shall pay its proportionate share of Property Taxes
and lnsurance on the Anchor Shops and Parking Garage.
EXH IBIT782
ArtConnection lnternational, lnc.
Non-Binding LOI
November25,2014
Page 2
lmprovements:
Security Deposit:
Financial Records:
Personal Guarantlr:
Tenant agrees to accept the Premises in as-is condition.
Two month's rent in the total amount of $7,810.83
Landlord shall have the right to periodically review
Tenant's Financial Records and statements of operation.
Tenant's responsibilities under the Lease shall be
personally guaranteed by individual owners and/or officers.
Tenant shall provide personal financial statements for said
owners/officers for Landlord's review and approval.
Neither Landlord nor Tenant are represented by a broker
in this transaction.
Agency Disclosure:
The terms and conditions of this Non-Binding Letter of lntent are subject to availability ol
the Premises and approval by the City of Miami Beach Commission. This Non-Binding
Letter of lntent is non-binding to either party and may be modified or withdrawn by
Landlord, without notice, at any time. Only a fully executed and delivered Lease, which
shall be negotiated in good faith by both parties, shall serve as a binding agreement in
this regard. lt is understood that no legal rights or obligations will arise between the
parties until the execution and delivery of such formal documents. Any reliance upon
this Non-Binding Letter of lntent or any of its terms and conditions shall be at your risk
and expense in allrespects.
Agreed to and Accepted by:
Tiile ftklfio{ .. * .
o^t", At /n*/W4
Tenant: ArtCpnnection lnternational, lnc.
F:\RHCD\$ALL\ECON\$ALL\ASSET\AncLor*RetlArt Connection\Art Conneclion LOI {1 1-25-14ldocx
783
LANDLORD:
TENANT:
DATE OF EXECUTION:
Miami Beach Redevelopment Agency, a public body
corporate and politic
1700 Convention Center Drive
Miami Beach, Florida 33139
ArtConnection lnternational, lnc.
100 16th Street, Suite 6
Miami Beach, FL 33139
2015
ANCHOR SHOPS AT SOUTH BEACH
RETAIL LEASE
EXHIBIT
I.o!
(i)
Lease Oraft - 201 5
784
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 anO made a part of
this Summary.
1. Date of Lease Execution:2015.
2. "Landlord": Miami Beach Redevelopment Agency
3. Landlord's Address: Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Max Sklar, Tourism, Culture and Economic
Development Director
with a copy to:
City of Miami Beach
Miami Beach Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Legal Department
4. "Ig-nanl": ArtConnection lnternational, lnc.
5. Tenant's Address : 100 16th Street, Suite 6
MiamiBeach, FL 33139
6. "Guarantor": Gabriela Myrtha provenzano
7. Guarantor's Address: c/o Hanna Rabenseifner, Esq.
905 Brickell Bay Drive, Suite 730
Miami, FL 33131
8. Premises (section 1.1): 100 16th Street - Suite #6
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): 3 .517o/o
12. Permitted Use of
Premises (section 3.1): First-class retail store selling upscale fine custom_made
jewelry (and subject to the prohibited uses described in
Exhibit "D" to the Lease)
Lease Draft - 2Ol 5
( ii)
785
13. Term of Lease (section '1 .1):
14. "Minimum Rent" (section 2.2):
MONTHS
Rent Commencement Date -
next succeeding twelve months "
LEASE YEAR
1
Lease Draft - 2015
Nine (9)years and 364 days.
"Commencement Date": November 12, 201 5.
"Rent Commencement Date": November 12,2015.
"Expiration Date": November 1 1, 2025.
MONTHLY PAYMENT
(PLUS SALES TAX)
N/A
N/A
$7,810.83 (excludes sales tax) (due upon execution of
Lease)
Proportionate share of Property Taxes and lnsurance (as
Determined by Landlord, as Landlord self-insures) on
the Anchor Shops and Parking Garage.
ANNUAL MINIMUM RENT
$46,865 $3,905.42
* Beginning with the thirteenth (13th) month after the Rent Commencement Date, and thereafter at the
beginning of each succeeding year, during years two (2) through four (4) of the Term of the Lease, the Minimum
Rent shall be increased annually in increments of three percent (3%) annually. Effective month 4g of the Term of
the Lease, the Minimum Rent shall be adjusted (Year Five Rent Adjustment), based upon the fair market rents in
effect as of month 49 of the Term of the Lease (Fair Market Rent). The Fair Market Rent shall be determined by
Landlord, by securing an independent and licensed appraisal firm, at Landlord's discretion, to determine Fair
Market Rent accordingly; however, the Year Five Rent Adjustment shall not be less than the Minimum Rent for the
immediately prior year (year four (4) of the Lease Term), plus three percent (3%). The cost of said appraisal shall
be paid by Tenant as additional rent. Thereafter, at the beginning of each succeeding year, commencing with year
six and continuing through the end of the Term of the Lease, the Minimum Rent shall be increased annually by
three percent (3%) above the Minimum Rent payable for the immediately prior year. Minimum Rent shall continue
to be payable in monthly installments as otherwise described above until Landlord notifies Tenant of the new
monthly Minimum Rent installment amount. Landlord shall attempt to so notify Tenant prior to the commencement
of each adjustment date. However, failure of Landlord to timely notify Tenant of the new monthly Minimum Rent
installment amount shall not be deemed a waiver by Landlord of the increased rental; the new monthly amount (or
any portion to previously paid) shall be payable, retroactive to the commencement of the new adjustment date,
upon notification by Landlord to Tenant of the new monthly Minimum Rent installment amount. Notwithstanding
the foregoing, the annual Minimum Rent shall not be increased by more than three percent (3%) from the
Minimum Rent payable for the immediately prior year.
15. Percentage Rental (section 2.3):
16. Preoaid Rent (section 2.2):
17. Securitv Deoosit (section 2.7):
18. CostPass-Throuqhs(section2.4):
coMMoN AREA MATNTENANCE (CAM)
COST PER SQUARE FOOT-
MONTHLY/ANNUAL
PAYMENT
$88/$1,053$1.46
(iii)
786
2 - End of Lease Term See Note (*)See Note (*)
Note (*) Beginning on November 12,2016, and atthe beginning of each succeeding LeaseYearthereafterduring
the Term of the Lease, the CAM rate shall be adjusted to reflect the actual pro-rata share of property taxes and
insurance costs to be determined by Landlord, in its sole discretion and judgment, to be sufficient to self-
insure the Garage and Retail Space for hazard, flood, windstorm, and liatility insurance for the previous
calendar year.
19. ComprehensiveGeneral
Liabilitv lnsurance (section 6.1 ):$2,000,000.00
20.
21.
22.
23.
Monthly Promotional Charge
(section 13.1):
Broker(s) (section 1 4.1 2):
Comoletion Date for Tenant's Work
(section 5.1):
Trade Name (section 3.1):
N/A
N/A
N/A
ArtConnection lnternational, lnc.
Lease Draft - 2015
(iv)
787
THIS LEASE (the "Lease"), dated the
-
day of , 2015, is made between the Miami
Beach Redevelopment Agency, a public body corporate and politic (the "Landlord"), and Artconnection
lnternational, lnc. (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 iollins
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 arld 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 or will cause the completion of the shell improvements to the Retail
Space as more particularly described on Exhibit "B-1," 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 right to modify the plans and specifications for the Shell lmprovements in response to building code
requirements and/or 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 five (5) business days following the Commencement Date, 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.
1.3 Tenant's Work. Landlord acknowledges that the Current Tenant has made improvements and
had signage installed prior to the execution of this Lease, 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.
788
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 five (5) days following 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 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 Operatinq 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 18 of the
Lease Summary. Tenant's proportionate share means a fraction, the numerator of which is the square footage of
rentable space being occupied by Tenant, and the denominator of which is the total square footage of the rentable
area in the Retail Space, which shall be deemed to be four percent (4%).
2.5 Payment of Personal Property 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) 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 (18%) 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 iiability 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
789
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.l," 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.
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 at 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 eompliance 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
790
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."
3.4 Environmental Provisions.
(a) Tenant shall not knowingly incorporate into, use, or otherwise place or dispose of at the
Premises or in the Retail Space (or allow others to incorporate into, use, or othenvise 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 affect 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 seo.; the Hazardous Materials
Transportation Act, as amended, 49 U.S.C. S 1801, et seo.; 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 12S1, 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 otherwise 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.
791
3.5 Hours: Continued Occuoancy. 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 on the
Commencement Date, and shallcontinuously, actively, and diligently 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 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 anyrvhere 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 lntentionally 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 upscale fine
custom-made jewelry.
ARTICLE IV. ACCESS AND ENTRY.
4.1 Right of Examination. Landlord shall be entitled at all reasonable times and upon reasonable
notice (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
792
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 Rioht to Show Premises. Landlord and its agents have the right to enter the Premises at all
reasonable times and upon reasonable notice 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 circumstances, in such manner so as to
minimize interference with Tenant's use and enjoyment of the Premises and Tenant's property.
ARTICLE V. MAINTENANCE, REPAIRS, AND ALTERATIONS.
5.1. (lntentionallyOmitted)
5.2 Maintenance and Reoairs bv Landlord. lt is hereby acknowledged and agreed that Landlord shall
maintain and repair certain portions of the Retail Space. 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 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 Reoairs bv Tenant. Tenant shall, at its sole cost, repair and maintain the
Premises exclusive of base building mechanical and electrical systems, all to a standard consistent with a first
class retail center, with the exception only of those repairs which are the obligation of the Landlord pursuant to this
Lease. Without limiting the generality of the foregoing, Tenant is specifically required to maintain, make repairs
and to replace as needed (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. 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
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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 lmorovements 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. Terrant 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
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. Additionally, if at Landlord's discretion, Landlord
provides waste collection services (including recycling) for the Retail Space, Tenant shall pay its proportionate
share of said service. 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 and/or
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, lts 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
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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 business, 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; (li) 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.
Certificates of insurance on Landlord's standard form or, if required by a mortgagee, copies of such insurance
policies certified by an authorized officer 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.
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 property 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 Subrooation. 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
795
otherwise) 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 property 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.
6.4 lndemnification. Tenant shall indemnify and hold harmless the Landlord and the City of Miami
Beach, and their respective officers, employees, agents and instrumentalities (collectively "lndemnitees;; from any
and all liability, losses or damages, including attorneys' fees and costs of defense, whiCh lndemnitees'may incur
as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising but of,
relating to or resulting from the performance of this Lease by the Tenant or its employees, agents, iervants,
partners principals or subcontractors, or relating to or resulting from the operation of Tenant's business at the
Premises. Tenant 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 any of the lndemnitees, where ipplicable, including
appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Tenant
expressly understands and agrees that any insurance protection required by this Lease or otherwise provided by
Tenant shall in no way limit the responsibility to indemnify, keep and hold harmless and defend lndemnitees as
herein provided.
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, Minimum 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 diligently perform
all other work required to fully restore the Premises for use in Tenant's business, in every case at Tenant's cost
and without 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 Prentises. 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 Damaoe. 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 may, at its option, terminate this Lease on notice to Tenant 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 (g0) 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.
796
ARTICLE VIII. ASSIGNMENT, LEASES, AND TRANSFERS.
8.'l 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 be granted or withheld
in Landlord's sole and absolute discretion for any reason or for no reason. For purposes of this Lease, "Transfer"
means an assignment of this Lease in whole or in part; the execution of a management agreement relating to all
or any part of the Premises; 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 in the stock of the corporation or partnership interests, as applicable. 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 Landlordof 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.
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 when due whether or not any 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
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 property
of Tenant on the Premises, to store such property 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 otherwise. 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.
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(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 untit 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 terminatingthis Lease under subsection (A) above, and Landlord so elects, the rent hereunder shall be accelerated andTenant 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 Citiba;k, 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
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 bv 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 ipecifying
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)
11
798
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 liabllity 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, officers, 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: SUBORDtNAT|ON.
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 passirrg 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
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
confirming its attornment.
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 over leases entered into by Landlord with respect to the Retail Space, and no subordination shall be
effective without a corresponding nondisturbance agreement.
12
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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 entiled
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. Additionally,
Tenant acknowledges that although the Garage has 800 available parking spaces, the Garage is subject to the
following Garage EasementAgreements: 1. Lowe's Hotel Garage EasementAgreement, dated as of September
20, 1996 ("Lowe's Garage Easement Agreement"), recorded in Official Records Book 11362, at Page 130, of the
Public Records of Miami-Dade County, Florida; and 2. The Garage Easement Agreement between RDp Royal
Palm Hotel Limited partnership and Miami Beach Redevelopment Agency, dated as of May 28, lgg8 and recorded
in O.R. Book 18170, Page 1082, of the Public Records of Miami-Dade County, Florida. These Garage Easement
Agreements, if exercised simultaneously by both Grantees, to the fullest extent possible, have the effect of
reducing the available parking spaces at the Garage for use by the general public (including monthly and daily
parking users) from 800 to approximately 66 spaces.
11.2 Alterations by Landlord. Landlord and/or the City may (but shall not be obligated to) (i)atter, 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.
11.3 Tenant Relocation. Landlord shall have the right, at any time upon sixty (60) days' written notice to
Tenant, to relocate Tenant into other space within the Retail Space comparable to the Premises. Upon such
relocation, such new space shall be deemed the Premises and the prior space originally demised shall in all
respects be released from the effect of this Lease. lf Landlord elects to relocate Tenant as above described,
(i) the new space shall contain approximately the same as, or greater usable area than the original space,
(ii) Landlord shall improve the new space, at Landlord's sole cost, to at least the standards of the original space,
(iii) Landlord shall pay the reasonable costs of moving Tenant 's trade fixtures and furnishings from the original
space to the new space, (iv) as total compensation for all other costs, expenses, and damages which Tenant may
suffer in connection with the relocation, including but not limited to, lost profit or business interruption, no Minimum
Rent shall be due or payable for the first two (2) full calendar months of Tenant's occupancy of the new space, and
Landlord shall not be liable for any further indirect or special expenses of Tenant resulting from the relocation,
(v) Minimum Rent and all other charges hereunder shall be the same for the new space as for the original space,
13
800
notwithstanding that the new space may be larger than the original space, and (vi) all other terms of this Lease
shall apply to the new space as the Premises, except as otherurise provided in this paragraph.
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. PBOMOTION.
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 lnvaliditv. 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 Recordinq. 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.
14
801
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. 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 Caotions 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 Aoreement: Governino Law: Time. This Lease and the Exhibits and Riders, if any, attached
hereto are incorporated herein and set forth the entire agreernent 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. The Executive
Director of the Miami Beach Redevelopment Agency shall have the authority to execute modifications to the
Lease, on behalf of the Landlord. 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 Enioyment. 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
15
802
arising from or out of any breach of the foregoing representation and warranty. Landlord recognizes the broke(s)
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.
EXECUTED as of the day and year first above written.
WITNESSES: LANDLORD:
MIAMI BEACH REDEVELOPMENT AGENCY, a public
body corporate and politic
Rafael E. Granado, Secretary
WITNESS
Philip Levine, Chairman
Print Name:
TENANT:
WITNESS
Name:
Title:
By:
By:
Print Name:
16
803
EXHIBIT ''A"
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, Page77 of the Public Records of Dade County, Florida, togetherwith 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
RightotWay 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 Draft - 201 5
804
EXHIBIT ''B''
Site Plan of Retail Space and Location of Premises
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805
EXHIBIT ''C''
RULES AND REGULATIONS
1. Security. 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 relitive 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 lmorovements. 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. Heavv 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, equiprnent, 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 Retail Space.
10. Food and Beveraqes. Only persons approved from time to time by Landlord may prepare, solicit
orders for, sell, serye, or distribute foods or beverages in the Retail Space, or use the common areas for any suchpurpose. 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, stairwells, 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, stainvells, 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
806
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. Prooer Conduct. Tenant shall not conduct itself in any manner which is incorrsistent 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. Agents, 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.
807
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 clothing for men, women and
juniors, resort wear, eye wear, souvenirs, designer shoes and accessories.
3. ln no event may the primary business at the Premises engage in the sale of swimwear, beach attire or
related accessories.
4. ln no event may the primary business at the Premises be used to display and sell athletic footwear,
apparel and accessories.
808
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 10volt 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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FIRHCD\$ALL\ECON\$ALL\ASSET\AnChor Ret\Art Connection\Lease Draft - 201s.doc _ i
809
Receiving Door Signs
Each store shall have a sign identifying their receiving door, adjacent to the latch side of the their door.
Tenant shall provide acid etched aluminum panel with blind studs, silicone cemented to the wa!! at 5'-O"
above the finished floor. Tenant name copy shall be acid-etched and paint filled.
/ z \ ELEvATroN.REcErvtNG oooR slGN
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TENANT NAME
LAYO UT- RECEIVING DOOR SIGI'I
FIRHCO\$ALL\ECON\$ALL\ASSET\AnChor Ret\Art Connection\Lease Draft - 201s.doc _ ii _
810
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
. 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).. Entry doors to be provided with hardware (not to modified by Tenant).. 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 Drywall with taped seams (UL Assembly U-485).
4. Exterior Walls
. Exposed, unfinished masonry or concrete.
5. Floor Slab
. Concrete slab included as per Project Plans and Specifications.
6. Plumbinq
. 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.
: " o*:T:T:,9lii?l;3?311.;:i:?;?'i,i3io dispenser)
* Grease waste connection (except spaces along 16th Street).
* Condensate drainage (1 Yo" line).
Naturalgas service (except spaces along 16th Street).
7. Electrical
. 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).
FIRHCD\$ALL\ECON\$ALL\ASSET\AnChor Ret\Art Connection\Lease Draft - 20'ls.doc _ iii _
811
d. One sq. "D" NEHB 2771489 vott., 42 pole panel 2254.e. One sq. "D" NQOD 1201208 volt. MCB 225A panel.f. One 75 KVA transformer 480 to 1201208 volt.g. Greenfield - I - y4" + 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- To".h. Same as "h" above.i. Same as "i" above.
o Lighting is excluded.o Exit signs are included.
8. Mechanical
o Bathroom exhaust as per Project Plans and Specifications.. 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 Equioment
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" throwawayfilters.
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.
- /2" thick armaflex fire retardant piping insulation on fuC condensate lines and Tc" lhick
on refrigerant suction lines (paint white when exposed to sun light).
- Service valves on suction and liquid lines.
FIRHCD\$ALL\ECON\$ALL\ASSET\Anchor Ret\ArtConnection\LeaseDraft-20lS.doc _ iV _
812
Dw,
b. Rooftop Packaoe Eouipment
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.
r Excluded is any distribution (i.e., ductwork)
9. Fire Sprinklers
. 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
. As per Signage Guidelines established by Landlord.
o 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 anylor utility impact fees, connection fees/charges and/or deposits as
may be required in connection with Tenant's Work.
FIRHCD\$ALL\ECON\$ALL\ASSET\AnChor Ret\ArrConnection\Lease Draft-201S.doc _ V _
813
UNCONDITIONAL GUARANTY
THIS UNCONDITIONAL GUARANTY (the "Guaranty") is made as of this _ day
of-,2015,byGabrielaMyrthaProvenzano,individually,(the..Guarantor',),infavorof
MIAMI BEACH REDEVELOPMENT AGENCY, a public body corporate and politic (the
"Landlord"), and is executed pursuant to that certain Anchor Shops at South Beach Retail
Lease, dated , 2015 (the "Lease"), between Landlord and
ArtConnection lnternational, lnc., a Florida corporation (the "Tenant"). The Lease is with
respect to those certain Premises, as defined in the Lease, located in Anchor Shops at South
Beach, having a physical address of 100 16th Street, Suite 6, Miami Beach, FL 33139 (the
"Premises"). All terms used in the Lease and defined therein shall have the same meaning
when used herein.
FOR VALUE RECEIVED, the receipt whereof is hereby acknowledged, in
consideration of, and as an inducement to Landlord's entering into the Lease with Tenant, the
undersigned Guarantor, in consideration of the benefits that flow to the Tenant and to the
undersigned as stockholder, officer, and/or director of said Tenant, do hereby irrevocably and
unconditionally guarantee to Landlord the full and faithful performance of all of the obligations,
duties and liabilities of the Tenant under that certain Lease for the Premises, for the duration of
the Lease ("Guaranty Term").
This Guaranty is a guarantee of payment and not of collectibility, is not in any way
conditional or contingent and constitutes a valid obligation of Guarantor, and shall not be
terminated, affected or impaired by reason of the assertion by Landlord against Tenant of any of
the rights and remedies reserved to Landlord pursuant to the provisions of the Lease. The
validity of this Guaranty shall not be terminated, affected or impaired by reason of any action
which Landlord may take or fail to take against Tenant or by reason of any waiver of or failure to
enforce any of the rights or remedies reserved to Landlord in the Lease Agreement or for any
other cause or circumstance whatsoever, including but not limited to any subletting of the
Premises, assignment of the Lease or waiver of any breach by the Tenant.
This liability of Guarantor hereunder shall be primary and independent of the obligatiorrs
of Tenant, and Landlord may proceed against Guarantor without commencing any actiort
against Tenant. Landlord shall not be required to make any demand upon or pursue and
exhaust any of its rights or remedies against Tenant, before, simultaneously with, or after
enforcing its rights or remedies against Guarantor under this Guaranty; and Guarantor agree
that Landlord may enforce any or all of its remedies hereunder at such time or tirhes or in such
manner as it shall deem appropriate.
This Guaranty shall remain and continue in full force and effect during the Guaranty
Term, notwithstanding any modification, amendment, renewal or extension of the Lease or any
provision thereof and notwithstanding any assignment of interest therein.
The Guarantor consents to all of the terms and provisions of the Lease, as the same
may be from time to time hereafter amended, and expressly waives (i) any and all notices of
proof of non-payment, non-performance or non-observance by Tenant of any covenant or
provision of the Lease, (ii) any and all demands, notices, rights or remedies of any kind which
may be required to be given or which may inure to the benefit or a Guarantor under applicable
law, and (iii) any and all notices of default or events of default hereunder or under the Lease.
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Anchor Shops at South Beach
ArtConnection International, Inc.
Unconditional Guaranty
Page 2 of 2
LANDLORD AND GUARANTOR AGREE THAT IN ANY ACTION OR PROCEEDING
BROUGHT BY EITHER LANDLORD OR GUARANTOR AGAINST THE OTHER ON ANY
MATTERS WHATSOEVER ARISING OUT OF, UNDER, OR BY VTRTUE OF THIS
GUARANTY ("LEGAL PROCEEDING"), LANDLORD AND GUARANTOR SHALL AND DO
HEREBY WAIVE TRIAL BY JURY.
ln addition, the venue, in connection with any such Legal Proceeding, shall be in Miami-Dade
County, Florida. Should it become necessary to enforce the terms and conditions of this
Guaranty, the prevailing party shall be entitled to collect court costs and attorney's fees in
connection with said prosecution, including any appeals resulting from said Legal Proceeding.
Following the expiration of the Guaranty Term and payment in full of all payments due
under the Lease, upon written request by Tenant, the original of this Guaranty shall be marked
as "cancelled" and returned to Guarantor. This Guaranty shall inure to the benefit of Landlord,
its heirs, executors, successors and assigns and shall bind the heirs, executors, successors and
assigns of Guarantor.
EXEGUTED as of the day and year first above written, to be effective as of the date of
the Lease.
GUARANTORS:
By: Gabriela Myrtha Provenzano
1OO 16th Street, Suite 6
Miami Beach, FL 33139
STATE OF FLORIDA
MIAMI-DADE COUNTY
The foregoing instrument was
)
acknowledged before me this day of
She is personally known to me or
)
)ss:
2015. by
produced a valid driver's licenses as identification.
Notary Public, State of Florida
Print Name:
My commission expires:
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