Agenda_15April2015r915.2015
MIAMIBEACH
Gity Gommission Meeting
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Genter Drive
April 15,2015
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
Vrslf us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
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the Office of the City Attorney.
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discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
Call to Order - 8:30 a.m.
lnspirational Message and Pledge of Allegiance
Requests for Additions, Withdrawals, and Deferrals
Recess for lunch at approximately 12:00 p.m.
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We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
1
Commission Agenda, April 15,2015
CONSENT AGENDA
G2 - Competitive Bid Reports
C2A Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) To Provide
Parking Meter Collection Services For The City Of Miami Beach.
(ProcuremenUParking)
C2B Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) For City
Website Design, Development, And lmplementation.
( Procu remenUl nformation Tech nology)
C2C Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) No. 2015-107-JR
For The 7th Street Parking Garage Renovation.
(ProcuremenUCapital lmprovement Projects)
C2D Request Approval To Continue The City's Current Lease Agreement For Golf Carts Utilized ln
The Miami Beach Golf Club And Normandy Shores Golf Club, On A Month To Month Basis Until
Such Time As The New Agreement, Pursuant To ITB 2015-010-WG, ls Completed And Can Be
Executed.
(Office of the City Attorney)
C4 - Commission Commiftee Assiqnments
C4A Referral To The April 24,2015 Neighborhood/Community Affairs Committee Meeting To Discuss
The Waiver Of Competitive Bid To Repurchase Shelter Beds At Miami Rescue Mission, An
Emergency Shelter Provider.
(Housing & Community Services)
C4B Referral To The Neighborhood/Community Affairs Committee For A Discussion On The Proposed
Route And Service Plan For The Middle Beach Trolley.
(Transportation)
C4C Referral To The Land Use And Development Committee And The Planning Board - An
Amendment To The Applicable Section Of The City Code Clarifying That The lncentives
Ordinance For The Retention Of Architecturally Significant Single Family Homes, Does Not Apply
To Single Family Homes Located Within A Local Historic District.
(Sponsored by Commissioner Joy Malakoff)
C4D Referral To The Land Use And Development Committee - Discussion Pertaining To Membership
Requirements For Design Professionals Serving On The City's Land Use Boards.
(Sponsored by Commissioner Joy Malakoff)
2
Commission Agenda, April 1 5,2015
C4 - Gommission Committee Assignments (Continued)
C4E Referral To The May 27,2015 Land Use And Development Committee Meeting, And The May
26,2015 Planning Board Meeting Of The Proposed Ocean Terrace Overlay District, Bounded By
73'd Street On The South, 75th Street On The North, Ocean Terrace On The East And Collins
Avenue On The West.
(Sponsored by Vice-Mayor Jonah Wolfson)
C4F Referral To The Planning Board - Ordinance Amendment Pertaining To Required Enclosures For
Rental Car Facilities.
(Sponsored by Vice-Mayor Jonah Wolfson)
C4G Referral To The Sustainability And Resiliency Committee - Discussion Regarding The Provision
Of Renewable Energy Sources ln New Construction Projects.
(Sponsored by Commissioner Micky Steinberg)
C6A
C6B
G6 - Commission Committee Reports
Report Of The March 2,2015 Finance And Citywide Projects Committee Meeting: 1. Discussion
Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement. 2.
Discussion Regarding The Live Nation Management Agreement For The Jackie Gleason Theater.
3. Discussion Asking The Commission For $10,000 For 2015 Senior Group Programs (per
Stanley Shapiro's Request). 4. Discussion Regarding The Miami Beach Convention Center
Booking Policy. 5. Discussion Regarding The Renewal Of The City Manager Jimmy Morales'
Employment Contract. 6. Discussion Regarding The Concession Agreement For The
Management And Operation Of A Food And Beverage Concession, Currently Operated By
Blissberry, LLC., Located ln A Portion Of The South Pointe Park Pavilion. 7. Discussion
Regarding The Concession Agreement For The Management And Operation Of Concession
Stand Buildings And Beachfront Concession Areas, Currently Operated By Tim Wilcox, lnc.,
Located At 21"t And 46th Streets. 8. Discussion Regarding The Construction Of A Parking Garage
At The 27th Street And Collins Avenue Parking Lot. 9. Discussion Regarding The lssuance Of A
Solicitation For The Placement Of ATM Machines On City Owned Property (1.E. City Owned
Parking Garages, Etc. 10. Discussion Regarding Approval To Authorize The lssuance Of A
Request For Proposals (RFP) For Security Guard Services. 11. Discussion Regarding Lifeguard
Stands ln Miami Beach. 12. Discussion Regarding The lssuance Of Additional Stormwater
Revenue Bonds.
Report Of The March 3,2015 Land Use And Development Committee Meeting: 1. Discussion On
Possible Amendments To Chapter 6 And Chapter 142 Of The City Code. 2. Discussion
Regarding Zoning ln Progress. 3. Discussion Regarding Charging Stations For Plug-ln Vehicles.
4. Discussion Regarding Seawall Conditions, Encroachments lnto Public Property For Private
Use. 5. Discussion Regarding An Ordinance Amendment Pertaining To The Expansion Of The
Landscape Architect Membership Category On The Design Review Board (DRB).
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Commission Agenda, April 1 5,2015
c6c
C6 - Commission Gommittee Reports (Continued)
Report Of The April 1 ,2015 Land Use And Development Committee Meeting: f . Discussion On
Washington Avenue Overlay Districts. 2. Discussion On Possible Amendments To Chapter 6 And
Chapter 142 Ot The City Code. 3. Discussion On The Collins Canal Project. 4. Discussion
Regarding Zoning ln Progress. 5. Discussion Of Proposed Amendments To The City Code
Pertaining To Additional Restrictions And An lncrease ln Fees For Single Family Lot Split
Applications. 6. Discussion Regarding Seawall Conditions, Encroachments lnto Public Property
For Private Use. 7. Discussion Regarding The Prohibition Of Bed And Breakfast Establishments
ln The Palm View Historic District. 8. Discussion On Amending The Land Development
Regulations To Permit The Outdoor / lndoor Storage / Parking Of Rental Agency Vehicles ln The
TC-1 Zoning District.
Report Of The March 20, 2015 Neighborhood/Community Affairs Committee Meeting: 1)
Discussion Regarding Creating A Community Vegetable Garden Through Our Parks &
Recreation Program For Miami Beach Elderly ln Our Senior Centers; To lnclude Regular
Transportation To The Garden. 2) Discussion On The Beautification Of The Alton Road Flyover
Bridge At The Eastern End Of l-395. 3) Discussion Regarding The Possible Appointment Of A
Dedicated Liaison To The 41't Street Corridor. 4) Discussion Regarding The Lack Of Available
Public Parking At 46th And Collins Avenue. 5) Discussion Regarding Status Of Beach Chair Lock
Boxes For Valuables. 6) Discussion Regarding The Use Of The Barclay Plaza Apartments As A
Possible Location For Workforce Housing. 7) Monthly Crime Statistics Report. 8) Discussion On
The Blueways Master Plan. 9) Discussion Regarding The Future Use Of LED llluminated Lights
At Key Crosswalks.
Report Of The March 25,2015 Sustainability And Resiliency Committee Meeting. 1) Mayor's Blue
Ribbon On Flooding And Sea Rise Update. 2) Sustainability Committee Update. 3) Referral To
Consider Alternative Trash Receptacles ln High-Traffic Areas. 4) Referral Regarding Sanitation
Street Teams, Schedules And Overall Approach To Street Litter Collection. 5) Referral Regarding
Policies For Maintaining Alleys By Adjacent Businesses. 6) Referral Regarding The Whoosh
Smart Water Stations Network Proposal. 7) Referral Regarding The Blueways Master Plan.
C6D
C6E
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Commission Agenda, April 15, 2015
G7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager, Or His Designee, To Take The
Following Actions: 1) Submit An Application To The National Endowment For The Humanities For
Funding ln The Approximate Amount Of $6,000 For The City's Archival Photographs And
Records Preservation Program; And To Retroactively Approve The Following: 2) The Submittal
Of A Grant Application To Florida lnland Navigation District, ln The Approximate Amount Of
$75,000, For A Non-Motorized Vessel Docl</Launch At Maurice Gibb Park; 3) The Submittal Of A
Grant Application To Florida lnland Navigation District For Funding ln The Approximate Amount
Of $420,000 For The Publicly Owned Portions Of The lndian Creek Seawall From 26th To 41't
Street; 4) The Submittal Of An Application For Funding ln The Approximate Amount Of $15,000
To The Miami Foundation, Public Space Challenge For Funding To Enhance Alleys ln The North
Beach Area; Approving And Authorizing The Appropriation Of The Above Grants And Funding
Requests, lncluding Any Requisite Matching Funds And City Expenses; Approving And
Authorizing The Resolutions For Assistance Under The Florida lnland Navigation District
Watenruays Assistance Program Attached Hereto As Exhibits 1 And 2; And Further Authorizing
The City Manager, Or His Designee, To Take All Necessary Steps And To Execute All Necessary
Documents ln Connection With The Aforestated Grants And Funding Requests, lncluding,
Without Limitation, Applications, Grant, And Funding Agreements And Audits.
(Budget & Performance lmprovement)
C7B A Resolution Accepting The Recommendation Of The City Manager To Purchase Additional
Conducted Electronic Weapons And Other Accessories (The "Equipment") From Taser
lnternational, lnc. ln The Total Amount Of $499,309.76, Previously Approved As A Sole Source
Purchase Pursuant To Resolution No. 2014-28726, And Further Authorizing The City To Defer
Payment Of The Equipment Over A Five (5) Year Period Through Suntrust Equipment Finance
And Leasing Corp., And Repealing City Of Miami Beach Resolution No.2015-28900 That
Authorized The Purchase Of The Equipment On January 14,2015.
(Police)
C7C A Resolution Authorizing The Miami Beach Chief Of Police To Execute A Multi-Agency Minor
Vice Task Force Memorandum Of Understanding (MOU) Between The Miami Beach Police
Department And The Federal Bureau Of lnvestigations (FBl) For The Child Exploitation Task
Force That Will lnvestigate Those Violations Of Federal Law Committed Against Children, And
That Which Seeks To Address Crimes Of Child Prostitution, Aggravated Sexual Abuse, Or The
Exploitation Of Children, And For These Violent Offenders To Be Prosecuted ln Both Federal
Court And State Court.
(Police)
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Commission Agenda, April 15, 2015
G7 - Resolutions (Continued)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications No. 2015-016-YG (The RFQ), For
Architectural And Engineering Design Services For The Altos Del Mar Park Project; Authorizing
The Administration To Enter lnto Negotiations With Stantec Consulting Services, lnc.; Should The
Administration Not Be Successful ln Negotiating An Agreement With Stantec Consulting
Services, lnc., Authorizing The Administration To Enter lnto Negotiations With Calvin, Giordano &
Associates, lnc.; Should The Administration Not Be Successful ln Negotiating An Agreement With
Calvin, Giordano & Associates, lnc., Authorizing The Administration To Enter lnto Negotiations
With AECOM Technical Services, lnc.; Should The Administration Not Be Successful ln
Negotiating An Agreement With AECOM Technical Services, lnc., Authorizing The Administration
To Enter lnto Negotiations With Chen Moore And Associates, lnc.; And Should The
Administration Not Be Successful ln Negotiating An Agreement With Chen Moore And
Associates, lnc., Authorizing The Administration To lssue A New RFQ; And Further Authorizing
The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful
Negotiations By The Administration.
(Procu remenUCapital I mprovement Pro1ects)
C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To lnvitation To Negotiate No. 2015-055-WG For Management And
Maintenance Services For City Owned Residential Properties (The ITN); Authorizing The
Administration To Enter lnto Negotiations With The Top Ranked Proposer, Royal American
Management, lnc.; And Further Authorizing The Mayor And City Clerk To Execute An Agreement
Upon Conclusion Of Successful Negotiations By The Administration.
( Procu remenUCom m u nity Services)
C7F A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Sole
Proposal Received, Pursuant To Request For Proposals No.2015-061-LR (The RFP), For
Background lnvestigation Services; Authorizing The Administration To Enter lnto Negotiations
With The Sole Proposer, Andrews lnternational, LLC; And Further Authorizing The Mayor And
City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The
Administration.
( Procu rement/H uman Resources/Emergency ManagemenUPolice/Fi re)
C7G A Resolution Approving And Authorizing The Mayor And City Clerk To Execute An Agreement
Between The City Of Miami Beach, Florida, And The Cat Network, lnc., To Provide Low-Cost
Spay/Neuter Services For Stray, Homeless And Abandoned Cats; ln The Estimated Amount Of
$96,050 Over Two Years, Funded By The Petsmart Charities@ Grant To The City Of Miami
Beach; Said Agreement Approval ls Subject To The Successful Execution Of The Grant
Agreement With Petsmart Charities@.
(Public Works)
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Commission Agenda, April 15, 2015
C7 - Resolutions (Continued)
C7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 2 To The Agreement With David Mancini & Sons, lnc. (DMSI), Dated April 1, 2015 (The
Agreement); For Additional Engineering Services, Seawall Replacement, Enhancement
Landscaping, Milling And Repaving And Bridge Repair For The Biscayne Point Neighborhood
Right-Of-Way lmprovements Project, As Part Of The Flooding Mitigation Project On Crespi
Boulevard, For A Total Construction Cost Of $325,000.
(Public Works)
c7l A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A Termination
And Abandonment Of Easement Between 6480 Allison Road, LLC, As The Owner ("Owner") Of
The Property Located At 6480 Allison Road, Miami Beach, And The City, And Further Accepting
A New Grant Of Easement From Owner On The Aforestated Property, For The lnstallation,
Maintenance, Construction And Repair Of City Drainage Outfall Pipes And Appurtenances; Said
Termination And Grant Of Easement, Respectively, Subject To The Following Conditions All
Costs For Engineering And Construction Work For The Relocation Of The Existing Outfall Pipe
To The New Proposed Easement To Be Paid For By Owner; And, All New Construction Of The
New Pipe Be ln Accordance With City And Applicable Codes And Specifications.
(Public Works)
C7J A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To lmplement A Pilot Program To Evaluate The Use Of LED (Light Emitting Diode)
llluminated Lights At Key Crosswalks.
(Transportation)
C7K A Resolution Amending The Contract Awarded Pursuant To lnvitation To Bid (lTB) No. 268-2013-
TC To Amend The Contract Amount For Dune Restoration Services For The Environment &
Sustainability Division Department From $237,389 To $262,809 For Additional Trimming Of Dune
Vegetation.
(ProcuremenUEnvironment & Sustainability)
(ltem to be Submitted in Supplemental)
End of Consent Aqenda
7
Commission Agenda, April 1 5,2015
REGULAR AGENDA
R2 - Competitive Bid Reports
R2A Request For Approval To Authorize The lssuance Of A Request For Proposals (RFP) To Provide
Parking Attendants For City Parking Garages.
(ProcuremenVParking)
R5A
R5B
R5 - Ordinances
1 100 1sth Street - FLUM Change And Zoning Map Change
1. 1 100 1sth Street - FLUM Change
An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan
Pursuant To Section 118-166 Of The Code And Sections 163.3181, And 163.3187,
Florida Statutes, By Changing The Future Land Use Designation For A Parcel Of Land
Located At 11OO 15th Street, Which Parcel ls Comprised Of Less Than 10 Acres, From
The Current "Low Density Multifamily Residential Category (RM-1)," 1o The Future Land
Use Category Of "Low lntensity Commercial Category (CD-1);" Providing For lnclusion ln
The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date.
10:00 a.m. First Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning )
2. 1 100 1Sth Street - Zoning Map Change
An Ordinance Pursuant To Section 118-162, "Petitions For Changes And Amendments,"
Amending The Official Zoning District Map, Referenced ln Section 142-72 Of The City
Code By Changing The Zoning District Classification For A Parcel Of Land Located At
1100 1sth Street, And Which ls Comprised Of Less Than 10 Acres, From The Current RM-
1, "Residential Multifamily Low lntensity District," To CD-1, "Commercial, Low lntensity
District;" Providing For Codification, Repealer, Severability And An Effective Date. 10:00
a.m. First Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
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 And The
Effect Of Noncompliance, Adding Subsection Headings, And Re-Lettering Subsections; And
ProvidingForRepealer,Severability,Codification,AndAnEffectiveDate.@
Readinq Public Hearinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
(First Reading on March 11, 2015 - R5B)
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Commission Agenda, April 15, 20'15
R5 - Ordinances (Continued)
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; Providing For Codification; And Providing For An Effective
Date. 10:10 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Office of the City Attorney)
(First Reading on March 11,2015 - RsC)
RsD An Ordinance Amending Chapter 62 Of 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 Certain Public Accommodations; And Providing For Repealer, Severability,
Codification, And An Effective Date. 10:15 a.m. Second Reading Public Hearinq
(Sponsored by Commissioner Micky Steinberg)
(Legislative Tracking: Office of the City Attorney)
(First Reading on March 11, 2015 - RsD)
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. 10:20 a.m. Second Readinq Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on March 11, 2015 - RsE)
RsF An Ordinance Amending Chapler 2, Article 111, Of The Miami Beach City Code, Entitled
"Agencies, Boards And Committees," Division 32, Entitled "G"y, 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. 1_0:25 a.m.
Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on March 11, 2015 - RsG)
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Commission Agenda, April 15, 2015
R5G
R5 - Ordinances (Continued)
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-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. 10:30 a.m. Second Readinq Public Hearing
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking : Parking)
(First Reading on March 11, 2015 - RsF)
226 87th Terrace - Parking Category Comprehensive Plan And Rezoning1. Comprehensive Plan - Parking Category
An Ordinance Pursuant To The Procedures ln Section 163.3184(3), Florida Statutes, To
Amend Policy 1.2 Ot The Future Land Use Element Of The Comprehensive Plan By
Modifying The Parking (P) Future Land Use Category To Allow For Residential Uses
When Abutting A Land Use Category That Permits Such Uses; Providing For lnclusion ln
The Comprehensive Plan; Transmittal; Codification; Repealer; Severability; And An
Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from February 11,2015 - RsG1)
2. Rezoning - 226 87th Terrace
An Ordinance Amending The Official Zoning District Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By Changing The Zoning District
Classification For The Parcel Located Al 226 87th Terrace, From The Current Zoning
Classification Of GU, "Government Use District", To The Proposed Zoning Classification
Of RM-2, "Multifamily Residential, Medium lntensity;" Providing For Codification;
Repealer; Severability; And An Effective Date. 5:02 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from February 11, 2015 - R5G2)
R5H
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10
Commission Agenda, April 15, 2015
R5t
R5 - Ordinances (Continued)
RM-2 Regulations, Parking Regulations And Signage Regulations Within 250 Of North Shore
Open Space Park (NSOSP)
1.RM-2 Chapter 142 Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The City Code Chapter 142, "Zoning Districts And Regulations,"
Article ll, "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision
lV, "RM-2 Residential Multifamily, Medium lntensity," At Sections 142-215, "Prohibited
Uses," And 142-218, "Setback Requirements," ln Order To Permit Outdoor Bar Counters
As Accessory Uses ln Oceanfront Hotels ln The RM-2 District; Allowing For The
Modification Of lnterior Side Setback Requirements For Drives Or Sidewalks; Providing
Access Between Parcels ln The RM-2 District; Modifying The lnterior Side Tower Setback
Requirements For Oceanfront RM-2 Parcels Within 250 Feet Of North Shore Open Space
Park; By Amending Chapter 142, "Zoning Districts And Regulations," Article lV,
"Supplementary District Regulations," Division 3 "Accessory Uses," At Section 142-902,
"Permitted Accessory Uses," To Permit Neighborhood lmpact Establishments, As
Conditional Uses For Oceanfront Hotels ln The RM-2 District, Within 250 Feet Of North
Shore Open Space Park; Providing For Codification; Repealer; Severability; And An
Effective Date. 5:03 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Leg islative Tracking: Planning )
(Continued from February 11,2015 - R5H1)
Parking Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 130, "Off-Street Parking," Article lll, "Design Standards," By Amending Section
130-68, "Commercial And Noncommercial Parking Garages," To Establish Regulations
For Main Use Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District
With A Property Line Within 250 Feet Of North Shore Open Space Park; Providing For
Codification; Repealer; Severability; And An Effective Date. 5:03 p.m. First Readins
Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Leg islative Tracking: Planning)
(Continued from February 11, 2015 - R5H2)
Signage Regulations Within 250 Feet Of NSOSP
An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending
Chapter 138, "Signs," Article V, "Sign Regulations By District" And Article Vl, "Specific Use
Signs," By Amending Section 138-172, "Schedule Of Sign Regulations For Principal And
Accessory Use Signs," ln Order To Establish Sign Criteria For Ground Floor Commercial
Uses ln Parking Garages Located On Non-Oceanfront Lots ln The RM-2 District, With A
Property Line Within 250 Feet Of North Shore Open Space Park; And Creating Section
138-206, Entitled "City ldentification Signs At City Entrance And Exit Points," ln Order To
Establish The Process By Which The City May Erect City ldentification Signs Near The
City's Entry And Exit Points; Providing For Codification; Repealer; Severability; And An
Effective Date. 5:03 p.m. First Readinq Public Hearinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Continued from February 11,2015 - R5H3)
2.
3.
11
11
Commission Agenda, April 15, 2015
R5 - Ordinances (Continued)
RsJ Definition Of Unified Development Site
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter llS, "Administration And Review Procedures," Article l, "ln General," Section 118-5,
"Unity Of Title; Covenant ln Lieu Thereof," By Amending The Requirements And Standards For A
Covenant ln Lieu And By Providing A Definition For Unified Development Site; Providing For
Codification, Repealer, Severability And An Effective Date. Etg!-Beadlng
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
(Continued from February 11, 2015 - Rsl)
RsK Unsafe Structures Board
An Ordinance Amending Chapter 14 Entitled "Building Regulations" Of The City Code By
Creating Division 4 Entitled "Unsafe Structures"; Creating Sections 14-500 Through 14-502
Relating To Notice And Process For Unsafe Structures And Creating A Municipal Unsafe
Structure Panel; And Appeal Process; Providing For Codification; Repealer; Severability;
Applicability; And An Effective Date. First Readinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Building/Office of the City Attorney)
RsL Single Family Home Development Regulations Unit Size And Lot Coverage For Accessory
Structures
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, By
Amending Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations,"
Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Amending And
Modifying The Unit Size And Lot Coverage Exceptions For Accessory Structures, And By
Clarifying And Amending The Requirements For Skylights; Providing For Repealer; Codification;
Severability; And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
RsM Fence Heights
An Ordinance Amending The Land Development Regulations (LDR) Of The Code Of The City Of
Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article lV,
"Supplementary District Regulations," Division 4, "Supplementary Yard Regulations," By
Amending Section 142-1132, "Allowable Encroachments Within Required Yards," By Amending
And Clarifying The Measurement Of Fences, Walls, And Gates Within A Required Yard;
Providing Codification; Repealer; Severability; And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning )
12
12
Commission Agenda, April 1 5,2015
R5N
R5 - Ordinances (Continued)
Demolition Procedures For Historic Structures
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, By
Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic
Preservation," Division 3, "lssuance Of Certificate Of Appropriateness/Certificate To
Dig/Certificate Of Appropriateness For Demolition," Section 118-563, "Review Procedure;" And
By Amending Section 118-564, "Decisions On Certificates Of Appropriateness;" By Amending
The Procedures For The lssuance Of A Demolition Permit, By Establishing Criteria To Obtain A
Demolition Permit Prior To The lssuance Of A Full Building Permit For Structures That Are
Located Within Local Historic Districts, lndividually Designated As A Historic Site Or lndividually
Designated As A Historic Structure; Providing For Codification; Repealer; Severability; And An
Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning )
Demolition Procedures Outside Of Historic Districts
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, By
Amending Chapter 114, "General Provisions," Section 114-1, "Definitions," By lncluding A
Definition For A Phased Building Permit; By Amending Chapter 142, "Zoning Districts And
Regulations," Article ll, "District Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," Section 142-108, "Provisions For The Demolition Of Single-Family Homes
Located Outside Of Historic Districts;" By Amending The Requirements And Procedures For The
lssuance Of A Demolition Permit And By Modifying The Criteria To Obtain A Demolition Permit
Prior To The lssuance Of A Full Building Permit For Architecturally Significant Pre-1942 Single
Family Homes; By Amending Chapter 142, "Zoning Districts And Regulations," Article lV,
"Supplementary District Regulations," By Creating Division 8, "Demolition Rules And
Procedures," To Establish Formal Demolition Rules And Procedures For Structures That Are Not
Located Within A Local Historic District, That Are Not lndividually Designated As A Historic Site,
That Are Not lndividually Designated As A Historic Structure Or That Are Not Architecturally
Significant Pre-1942 Single-Family Homes; Providing For Codification; Repealer; Severability;
And An Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning)
MXE Setbacks
An Ordinance Amending The Land Development Regulations (LDR) 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. First Readinq
(Sponsored by Commissioners Michael Grieco & Joy Malakoff)
(Legislative Tracking: Planning)
R50
R5P
13
13
Commission Agenda, April 1 5,2015
R7 - Resolutions
R7A A Resolution Adopting The Fourth Amendment To The Capital Budget For Fiscal Year 2014115.
9:55 a.m. Public Hearinq
(Budget & Performance lmprovement)
R7B A Resolution Approving A Revocable Permit For Centurian Collins Property Owner, LLC, As The
Owner Of The Aloft Hotel, Located At 2360 Collins Avenue (The Hotel), To Construct And
Maintain A Decorative, Triangular-Shaped Concrete "Canopy," With Two Support Columns And
Concrete "Eyebrows," Extending 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 Hotel, With A Minimum Of
Eleven Feet One lnch (11' 1") Above Ground Level; And An lrrigation Meter, Located At Ground
Level North Of The Canopy; All Encroachments Along 107.22 Feet Of The Hotel, With A Total
Area Of 855 Square Feet. 10:35 a.m. Public Hearins
(Public Works)
R7C A Resolution Authorizing The lssuance Of Not To Exceed $100,000,000 ln Aggregate Principal
Amount Of City Of Miami Beach, Florida Stormwater Revenue Bonds, Series 2015, For The
Principal Purpose Of Paying A Part Of The Cost Of Certain lmprovements To The Stormwater
Utility, Pursuant To Section 209 Of Resolution No. 2000-24127 Adopted By The City On October
18, 2000; Providing That Said Series 2015 Bonds And lnterest Thereon Shall Be Payable Solely
As Provided ln Said Resolution No.2000-24127 And This Resolution; Providing Certain Details
Of The Series 2015 Bonds; Delegating Other Details And Matters ln Connection With The
lssuance Of The Series 2015 Bonds, lncluding Whether The Series 2015 Bonds Shall Not Be
Secured By The Reserve Account And Whether To Secure A Credit Facility And/Or A Reserve
Account lnsurance Policy, To The City Manager, Within The Limitations And Restrictions Stated
Herein; Permitting Conditional Optional Redemption Of The Series 2015 Bonds; Appointing
Undenruriters, A Bond Registrar And A Disclosure Dissemination Agent; Authorizing The
Negotiated Sale Of The Series 2015 Bonds And Approving The Form Of And Authorizing The
Execution Of A Bond Purchase Agreement; Authorizing And Directing The Bond Registrar To
Authenticate And DeliverThe Series 2015 Bonds; Approving The Form Of And Distribution Of A
Preliminary Official Statement And An Official Statement And Authorizing The Execution Of The
Official Statement; Providing For The Application Of The Proceeds Of The Series 2015 Bonds
And Creating Certain Funds, Accounts And Subaccounts; Authorizing A Book-Entry Registration
System With Respect To The Series 2015 Bonds; Covenanting To Provide Continuing Disclosure
ln Connection With The Series 2015 Bonds And Approving The Form Of And Authorizing The
Execution And Delivery Of A Continuing Disclosure Agreement; Authorizing Officers And
Employees Of The City To Take All Necessary Related Actions; And Providing For An Effective
Date. 10:40 a.m. Second Readinq Public Hearinq
(Finance)
(First Reading Public Hearing on March 18,2015 - R7B)
R7D A Resolution Amending Resolution No. 2014-28842, Setting The Dates For The Year 2015
Commission Meetings, By Authorizing A Change ln The Commission Meeting Date Of
Wednesday, September 9,2015 To Wednesday, September 2,2015.
(Office of the City Clerk)
14
Commission Agenda, April 15, 2015
R7 - Resolutions (Continued)
R7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications (RFO) No.2015-086-YG, For Master
Planner Of The North Beach District.
( Plann i n g/Procurement)
R7F A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Change Order
No. 4 To The Agreement With Bergeron Land Development, lnc., Dated April 30, 2014 (The
Agreement), Related To The Completion Of Approximately 120 Feet Of Sea Walls And
lmprovements To Alton Court, From 17th Street To The Collins Canal, As Part Of The Pump
Station And Street lmprovements Presently Under Construction, Further lncreasing The Cost Of
The Agreement By $1,265,152.
(Public Works)
R7G A Resolution Creating, Subject To The Approval Of A Majority Of The Affected Property Owners,
A Special Assessment District To Be Known As The Lincoln Road Business lmprovement District,
For A Period Of Ten (10) Years, To Stabilize And lmprove The Lincoln Road Retail Business
District, Which ls Located Within A Nationally Recognized Historic District, Through Promotion,
Management, Marketing, And Other Similar Services; Providing For The Levy And Collection Of
Special Assessments; lndicating The Location, Nature, And Estimated Cost Of Those Services
Whose Costs Are To Be Defrayed By The Special Assessments; Providing The Estimated Cost
Of The Services To Be Defrayed By The Special Assessments; Providing The Manner ln Which
Such Special Assessments Shall Be Made; Providing When Such Special Assessments Shall Be
Made; Designating The Lands Upon Which The Special Assessments Shall Be Levied; Providing
For Publication Of This Resolution; And Authorizing Related Actions.
(Office of the City Attorney)
(ltem to be Submitted in Supplemental)
R7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute Amendment No.
5, To The Existing Professional Services Agreement Between The City Of Miami Beach And
Schwebke-Shiskin & Associates, lnc. For Additional Pump Station Design Modifications Plus
Extended Resident Project Representative And Construction Administration Services For Twenty
Additional Months, For The Venetian lslands Bid Package 13C Right-Of-Way Neighborhood
lmprovement Project; ln The Negotiated Not-To-Exceed Amount Of $665,962 Plus An Amount Of
$500 For Reimbursables; For A Total Amount Of $666,462; With Previously Appropriated
Funding ln The Capital Budget From Fund 304 - Capital Reserve.
(Capital lmprovement Projects)
(ltem to be Submitted in Supplemental)
R7t A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New
Employment Agreement With City Clerk Rafael E. Granado For A Three (3) Year Term,
Commencing On May 1 ,2015, And Ending On April 30, 2018.
(Office of the City Attorney)
(ltem to be Submitted in Supplemental)
15
15
Commission Agenda, April 15, 2015
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
RgAl Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
RgB1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
R9B2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
RgD Report To The City Commission, Pursuant To Section 5.04 Of The City Charter, Entitled "Budget,
Finance And Pre-Collective Bargaining Analysis," Detailing The Current Status And Related
Financial lmpact Of Fringe Benefits, lncluding Pension And Health lnsurance Plans, Provided By
The City To lts Officers And Employees. 10:45 a.m. Public Hearinq
(Human Resources)
(ltem to be Submitted in Supplemental)
RgE Discussion Regarding The Management And Operation Of Concession Stand Buildings, And
Beachfront Concession Areas, Currently Operated By Tim Wilcox, lnc. ("Concessionaire"),
Located Adjacent To The Public Parking Lots At 21't And 46th Streets.
(Tourism, Culture & Economic Development)
RgF Presentation By FDOT On The Alton Road Design From The 40's To The 60's Section.
(Requested by Commissioner Deede Weithorn)
(Deferred from March 11, 2015 - RgK)
RgG Discussion Regarding The Proposal To Expand The License Plate Readers (LPR) Project To
lnclude The MacArthur Causeway, ln An Effort To Decrease Crime On Miami Beach.
(Police)
RgH Discussion Regarding The Potential Use Of Low Floor Trolley Vehicles For The City Of Miami
Beach Trolley System.
(Transportation)
Rgl Update On The Miami Beach Centennial.
(Office of the City Manager)
16
16
Commission Agenda, April 15,2015
R9 - New Business and Commission Requests (Continued)
RgJ Discussion Regarding A North Beach Safety Plan.
(Requested by Mayor Philip Levine)
RgK Discussion On Creating And Appointing Members To An Advisory Group ln Accordance With
Chapter 259.032(10) Of The Florida Statutes To Review And Provide lnput On The City's
Beachfront Management Plan And Commencing Upon Execution Of A Resolution And
Concluding Upon Final State Approval Of The Beachfront Management Plan.
(Environment & Sustainability)
R10 - Citv Attornev Reports
R10A City Attorney's Status Report.
(Office of the City Attorney)
Reports and lnformational ltems
1. Reports and lnformational ltems (see LTC No. 136-2015)
2. List of Projects Covered by the Cone of Silence Ordinance - LTC.
(Procurement)
3. Report From Commission Commlttees Of Withdrawn ltems Not Heard Within (6) Six Months
From Their Referral Date.
(Office of the City Clerk)
End of Regular Aqenda
17
17
Commission Agenda, April 15,2015
Miami Beach Redevelopment Agency
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
April 15,2015
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), Amending Resolution No. 606-2014, Setting The Dates For The Year
2015 RDA Meetings, By Authorizing A Change ln The RDA Meeting Date Of Wednesday,
September 9, 2015 To Wednesday, September 2, 2015. Joint Citv Gommission and
Redevelopment Agencv
(Office of the City Clerk)
'18
18
19
20
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.
21
915. ?01.5
CITY CLERK'S OFFICE LOBBYIST LIST
April 15,2015 City Commission Meeting
Lobbyist's Name Retained by Principal Date
Reoistered
Amount Disclosed
Architectural and design services of Altos del Mar
Maria Gralia Farid and Jennifer Suleman 03.10.201 5 $450 per hour
Alexander Tachmes General Real Estate Corporation 12.09.2002 $4,250 flat fee
Termination and abandonment of easement of 6480 Allison Road
Ralph Choeff 6480 Allison Road LLC 09022014 $1 75 per hour
.;,
"':' :;tiffi*Til.ffi .tNffiffiffiffiIffl *ifi* lltl$.#flZlx
1 100 15'n Street FLUM and zoning map changes
Michael Larkin ARRP Miami, LLC 12.04.2014 $500 per hour
Approving the owner of 2360 Collins Avenue of constructing a triangular-shaped concrete canopy
Alfredo Gonzalez JMH Madden Development 07.03.2012 $450 per hour
F:\CLE R\COM MON\20 1 5\04 1 520 1 5 CM\LOBBYISTS\LOBBYIST LIST 041 820 1 5.docx
22
c2
COMPETITIVE BID REPORTS
23
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE
PROPOSALS (RFP) NO. 2015-135-WG TO PROVIDE PARKING
SERVICES FOR THE CITY OF MIAMI BEACH.
OF A REQUEST FOR
METER COLLECTION
COMMISSION ITEM SUMMARY
Item Su mendation:
On December 14, 2011, the Mayor and City Commission awarded RFP 43-10111 tor Parking Meter
Collection Services to SP Plus Municipal Services, a division of Standard Parking Corporation. The
start date of the initial three (3) year term was January 13, 2012, and expired January 13, 2015.
On January 14,2015, the Mayor and Commission opted not to exercise the City's option to renew
the agreement, authorized the extension of the agreement on a month to month basis, and
requested staff re-issue a new RFP for parking meter collection services.
The Administration desires to seek proposals from qualified firms interested in partnering with the
City for parking meter collection services, of single space parking meters and/or multiple space pay
stations owned and located within the City of Miami Beach. Collection Service shall transport all
coins, bills, and/or data collected to the designated place within the City of Miami Beach, for the
purpose of counting, storing, depositing or any combination thereof. Collection services will be
required for a system containing approximately 8,500 parking spaces.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP
2015-135-WG to Provide Parkinq Meter Collection Services for the Citv of Miami Beach.
Build And Maintain Prioritv lnfrastructure With Full Accountabilitv.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Financial lnformation :
N/A.
Alex Denis, Director Ext # 6641
T:
ISSUANCE SUMMARY
-2015-1 35-WG To Provide Parking Meter Collection Services for the City of Miami Beach
AGENDA ITEME MIAMIBEACH olrre ?-rf /.(24
MIAMIBEACH
City of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,) 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of t
Jimmy L. Morales, City Manager
April 15,2015
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A
REQUEST FOR PROPOSAL (RFp) TO PROVIDE PARKING METER
COLLECTION SERVICES FOR THE CITY OF MIAMI BEACH.
ADMINISTRATION RECOMM EN DATION
Authorize the issuance of the RFP.
BACKGROUND
On December 14,2011, the Mayor and City Commission awarded RFP 43-10111 for
Parking Meter Collection Services to SP Plus Municipal Services, a division of Standard
Parking Corporation. The start date of the initial three (3) year term was January 13,
2012, and expired January 13, 2015.
On January 14,2015, the Mayor and Commission opted not to exercise the City's option
to renew the agreement, authorized the extension of the agreement on a month to
month basis, and requested staff re-issue a new RFP for parking meter collection
services.
SCOPE OF SERVICES
Successful Proposer shall provide Collection Service for single space parking meters
and/or multi-space pay stations owned by the City of Miami Beach, located at sites
designated herein within the City of Miami Beach. Collection Service shall transport all
coins, bills, and/or data collected from single space parking meters and/or multi-spaces
pay stations to any place within the City of Miami Beach deemed acceptable to the
Parking Director, for the purpose of counting, storing, depositing, or any combination
thereof.
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-
135-WG to Provide Parking Meter Collection Services.
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP
2015-135-WG to Provide Parking Meter Collection Services.
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-
135-WG to Provide Parking Meter Collection Services.
FROM:
DATE:
25
City Commissioner Memorandum - RFP 2015-135-WG to Provide Parking Meter Collection Services for the City of
Miami Beach.
April 15, 20'15
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance
of the RFP 2015-135-WG to Provide Parking Meter Collection Services for the City of
Miami Beach.
o ATTACHMENTS
RFP 2015-135-WG to Provide Parking Meter Collection Services for the City
of Miami Beach.
JLM/MT/SF/AD
T:\AGENDA\201S\April 1s\Procurement\RFP lssuance to Provide Parking Meter Collection Seruices for the City of Miami Beach. - MEMO.doc
Page 2 of 2
26
REQUEST FOR PROPOSALS (RFP)
PARKING METER COLLECTION SERVICES
20 t s-r 35-wG
RFP ISSUANCE DATE: APRIL 17,2015
PROPOSALS DUE: MAY 21,2015 @ 3:00 PM
ISSUED BY: WILLIAM GARVISO, CPPB
g MIAMIBEACH
WIIIIA'YI GARVISO, PROCUREMENT COORDINATOR
PROC UREMENT DEPARTMENT
17OO Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33-l 39
305.673.7OOO X6650 | www.miomibeochfl.gov
27
4 ,!iiAir/IBEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ............,..3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 PRoposAL EVALUATTON ....... ............12
APPEND!CES:
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
14
21
23
30
32
34
RFP 2015-135-WG
28
b lliiAlhlBEACH
SECTION (}2()()INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s]")if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposa! submitted.
2. PURPOSE. The City of Miami Beach is soliciting responses from proposers for parking meter collection services,
of single space parking meters and/or multiple space pay stations owned and located within the City of Miami Beach.
Collection Service shall transport all coins, bills, and/or data collected to the designated place within the City of
Miami Beach, for the purpose of counting, storing, depositing or any combination thereof.
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 x6650
Email:
williamgarviso@miamibeachfl .gov
Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ;
or facsimile: 786-394-41 88.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
The tentative schedule for this solicitation is as follows:
RFP lssued April 17,2015,2015
Pre-Proposal Meeting April28, 2015,2015 at 10 a.m,
Deadline for Receipt of Questions May 11 ,2015,2015 @ 5 P.M.
Responses Due March 21,2015 @ 3:00PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
RFP 2015-135-WG
29
ID ivriiAldiBEACH
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). 0nly if deemed necessary by the City, a pre-proposal meeting or
site visit(s) may be scheduled.
A Pre-Proposal conference will be held as scheduled in Solicitation Timeline above at the following address:
City of Miami Beach
City Hall- 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 TELEPH0NE 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 exception
of 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.
RFP 2015-135-WG Page 4
30
b l"tiAlv^iiBEACH
L SPECIAL NOTICES. You are hereby advised that this solicitation is subject
ordinances/resolutions, which may be found on the City Of Miami
http :/iweb. miamibeachfl.qov/procu remenUscrol l. asox?id=235 1 0
. CONE 0F SILENCE.... CITY CODE SECTION 2-486
o PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2.485.3
. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES... CITY CODE SECTIONS 2481 THROUGH2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES,.. CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS..... CITY CODE SECTION 2.373. LlVlNGWAGEREQUIREMENT.......... CITYCODESECTIONS240TTHROUGH2-410
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.... CITY CODE SECTION 70-300
o ACCEPTANCE OF 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. 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 the Propose(s)
he/she 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 Manager's recommendation and may approve such recommendation,
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. Upon approval of
selection by the City Commission, negotiations between the City and the selected Propose(s) will take place to
arrive at a mutually acceptable Agreement.
to the following
Beach website:
RFP 2015-135-WG Page 5
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g l,,4lA^,^,iBEACH
The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its
entirety, The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in
the event thal 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;
2) it is in the best interest of the City to do so regardless of reason.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
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
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 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.
RFP 2015-135-WG Page 6
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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 conkactor 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. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposers 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 supplied to the City.
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenrise 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.
RFP 2015-135-WG PageT
33
b
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 govemmental 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 Propose/s proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 calendar days in the event that a subsequent contract has not yet
been awarded. Additional extensions past the 120 calendar days may occur as needed by the City and as mutually
agreed upon by the City and the contractor.
RFP 2015-135-WG Page 8
34
b l',ilAM,lBEACH
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Proposals including, without
limitation, any and all information and documentation submitted therewith, are exempt from public records
requirements under Section 119.07(1), Florida Statutes, and s.24(a), Art. 1 of the State Constitution until such time
as the City provides notice of an intended decision or until thirty (30) calendar 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 0F 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 cleady 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).
35. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec, 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend to improperly influence him/her in the discharge of his official duties.
Balance of Page lntentionallv Left Blank
RFP 2015-135-WG Page 9
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SECTION O3O() PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten
(10) bound copies and one (1)electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected. Proposals are to be delivered to City of Miami Beach
Procurement Department, '1700 Convention Center Drive, 3'd Floor, Miami Beach, Florida 33139.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of 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 submittals should be tabbed as enumerated
below and contains a table of contents with page references. Elechonic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation,
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
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. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer's Team. Provide an organizational chart of all personnel 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 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
review the information contained in its SQR for to submittal to the Citv and
RFP 2015-135-WG 10
36
b lvn'lltl,rri BEACH
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: operational plan, innovative technology,
recruiting and retaining quality employees, employee training, safety, pro-active approach to dealing with issues
Miami Beach.
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).
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
of Services
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a full review and score the orooosed scooe of services.
Cost
Submit a completed Cost Form
RFP 2015-135-WG Page 1 1
37
lb i,,,\lAl,r,\i BEACH:
PROPOSAL EVALUATIONsEcTtoN 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 fonrvarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:o review and score all proposals received, with or without conducting interview sessions; or. review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
30
25
3. Step 2 Evaluation. Following the results of Step
additional quantitative criteria points to be added by
earned in Step 1, as follows.
1 Evaluation of qualitative criteria, the Proposers may receive
the Department of Procurement Management to those points
Cost Proposal
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Samole Obiective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100, $100 X 20 = 20 20
Vendor B $150.00 20 $100, $150 X 20 = 13 13
Vendor C $200.00 20 $100, $200 X 20 = 10 10
RFP 2015-135-WG 12
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TD l'11Ai\,41BEACH
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and2 scores will be converted to rankings in accordance with the example below:
* 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 2015-135-WG Page 13
39
APPENDIX A
MIAMIBTACH
Proposo I Certificotion,
Ouestionnoire &
Req uirements Affid ovit
2015-.l35-WG
PARKING METER COLLECTION
SERVICES
PROCUREMENT DEPARIMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 2015-135-WG Page 14
40
Solicitation No:
2015-135-WG
Solicitation Title:
PARKING METER COLLECTION SERVICES
Procurement Contact:
William Garviso
tet:
305.673.7000 x 6650
Email:
wi ll iamo arviso(O miam i beachfl .qov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
General Proposer lnformation,
FIRM NAME:
No of 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):
CITY:
STATE:ZIP CODE:
IELtsPI1UNE NU.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
SIAIE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO,:
AUUUUN I KEP IULL FT{EE NU.:
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, flnancial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with conkact requirements.
RFP 2015-135-WG Page 15
41
4.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
l__-l vgs l--l uo
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.
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.
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 [-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, including a prohibition against any vendor giving a campaign
contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. 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, A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation.
"Vendor" shall include natural persons and/or entities who hold a conkolling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock
in any corporation or a direct or indirect interest of ten percent or more in a firm.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (to which the definition of vendor as defined above
may apply), including your sub-consultants), who has contributed to the campaign either directly or indirectly, of a candidate who
5.
6.
RFP 2015-135-WG Page 16
42
8.
has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations includlng, 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 services pursuant to this Agreement, the hourly living wage rates listed below:
The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to
$13.31/hourly without health benefits or $1 't.62ihourly with health benefits with an effective date of Janu ary 1,2015.
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 ves [-_l ruo
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
[---l ves [_-l r'ro
RFP 2015-135-WG Page 17
43
10.
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
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval rs not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenU.
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real prope(y 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 kansact 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 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
Receiot
lnitial to Confirm
Receiot
lnitial to Confirm
Receiol
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.
RFP 2015-135-WG Page 18
44
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 Clty 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 wananty 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 obligatlon 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. 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 construed in accordance with the laws of the State of Florida.
RFP 2015-135-WG Page 19
45
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 Proposeds Authorized Representative:
Signature of Propose/s Authorized Representative:0ate:
State of on this
-day
of
-,
2o-, personally
appeared before me who
) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
County of
of
RFP 2015-135-WG Page 20
46
APPENDIX B
4 MIAMIBTACH
"No Bid" Form
2015-,l35-WG
PARKING METER COLLECTION
SERVICES
PROCU REMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP 2015-135-WG Page21
47
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TNDTCATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this 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
PROCUREMENT DEPARTMENT
ATTN: William Garviso
RFP PROPOSAL #2015-135-WG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFP 2015-135-WG Page22
48
APPENDIX C
b
:MIAMIBEACH
Minimum Requirements
& Specificotions
2015-135-WG
PARKING METER COLLECTION
SERVICES
PROCUREMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP 2015-135-WG Page 23
49
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.
1. Proposer shall maintain commercial office within Miami-Dade, Palm Beach, Broward or Monroe
Counties.
SUBMITTAL REQUIREMENT: Submit the business tax receipt or occupational license for the
Proposer's location which complies with this requirement.
2. Proposer shall have been awarded at least three (3) contracts of similar scope and size within the
last five (5) years. Similar size and scope may include municipal parking departments, parking
authorities, and/or parking systems, including colleges/ universities; and/or hospitals with single
space electronic parking meter mechanisms and multi-space pay stations, including experience
with uploading/downloading data for auditing functions, and experience with electronic parking
meter vault door locking systems.
SUBMITTAL REQUIREMENT: For each of the three (3) required contracts, submit: the name of
the awarding agency, agency contact person, address, telephone number, email address, and
summary of scope of services provided.
C2. Statement of Work Required. Successful Proposer shall provide collection service for single space
parking meters and/or multi-space pay stations owned by the City of Miami Beach, collection service shall
transpo( all coins, bills, and/or data collected from single space parking meters and/or multi-spaces pay
stations to any place within the City of Miami Beach deemed acceptable to the Parking Director, for the
purpose of counting, storing, depositing, or any combination thereof.
C3. Specifications
1. Number of Parking Meters: Collection services will be required for a system containing approximately
8,500 parking spaces.
2. Parking Meter Collection Procedures and Requirements: The City of Miami Beach presently has a sealed
parking meter collection system. The general Standard Operating Procedure (SOP) for single space meter
and multi-space pay station collection is described below:
The Successful Proposer is required to adhere to the following SOP:
Single Space Meter: Unlock the parking meter vault door by utilizing an electronic Medeco key for the
electronic locking system. The sealed (locked) coin can is removed from the meter vault area and inserted
into a sealed cylindrical collection device that engages (unlocks) the coin can from the meter. The coin can's
contents are deposited into the collection device. Once the contents of the coin can have been deposited, it
is returned to the corresponding parking meter and the meter vault door is locked. Once the meter is
collected, retrieve parking meter revenue data via use of a hand held device.
This process is repeated at all parking meters scheduled for collection. All cylindrical collection devices are
returned to the Parking Department for the sorting, counting, bagging, and deposit of parking meter
revenue. lf any problem is encountered during the collection process, a meter technician must be notified
immediately. Additionally, any issues encountered should be clearly noted in the daily collection reports.
Meters that have been bagged thru the City's meter rental program must be opened and collected if the
area is on the collection scheduled for the day.
RFP 2015-135-WG Page 24
50
Multi-Space Pay Stations: The City of Miami Beach Parking Department currently operates the Digital Luke
ll model pay station; however, the City reserves the right to retain or replace any and all single space and/or
multi-space pay stations, in its sole and absolute discretion. The successful proposer shall be required to
make reasonable adjustments in order to perform the collection duties described herein as a result of any
new and/or replacement single space meters and/or multi-space pay stations.
Unlock the collection door by inserting the electronic key into the appropriate area. This will unlock the
collection door where both coin and bill canisters are accessed for replacement. Swap out used bill and coin
canisters for a new (empty) canister.
3. Number of Collections: Collections are based on single space meter and/or multi-space pay station
utilization; therefore, fluctuations in collection frequencies may be expected. Collections are scheduled by
the City of Miami Beach Parking Department. The City's Parking Department reserves the right to adjust its
inventory of single space meters and multi-space pay stations; including their collection frequency; type of
collection (single space or multi-space); and ratio between the two types of systems (single space and multi-
space pay stations).
The Successful Proposer shall invoice and the City shall only pay for successful collections. Successful
collections are defined as collections that have satisfied all requirements contained herein. Unsuccessful or
partial completion of a collection or an attempt to collect shall neither be billable by the Collection Seruice
Provider nor paid by the City.
4.Equipment: The Successful Proposer shall be responsible for the coded collection keys, sealed coin
collection buckets, bill canisters, and data retrieval hand held devices and/or cards, and/or any other
equipment issued by the City. Successful Proposer shall be financially responsible for repair or replacement,
including parts and labor, of any equipment required due to being damaged, lost, or stolen while in his/her
care, custody, and/or control. This includes both electronic and manual keys, hand held computers, sealed
coin collection buckets, bill canisters, and any other cost associated with securing all parking equipment
affected by the breach. Any of the aforementioned property, including but not limited to, locks, hand held
computer devices, sealed coin collection buckets, bill canisters, and data retrieval cards/devices, must be
replaced within seven calendar days of invoice or notice.
The City of Miami Beach Parking Department will furnish electronic keys, hand held computers, sealed coin
collection canisters and sealed bill canisters to the Collection Service personnel at the start of each
collection day at the time specified by the Parking Director. This equipment will be issued at the
Administration Offices of the City of Miami Beach Parking Department, located at 1755 Meridian Avenue,
Suite 100. All equipment will be signed for by the Service Provide/s Collection Service Personnel receiving
the equipment. The equipment will be returned when the Collection Service has completed its duties at the
end of that day. The City in its sole and absolute discretion reserves the right to schedule collections on
Saturdays, Sundays, and holidays. The Successful Proposer shall be solely responsible for any overtime
incurred by its employees. Daily schedules shall be assigned by the City and collection services shall
typically take place within an eight (8) hour shift between the hours of 6:00 AM and 2:30 PM, however, the
City reserves the right to alter days and/or collection hours as it deems necessary. All keys and equipment
are to be fastened to the Collector's person; such fastening shall be subject to the approval of the Parking
Director or designee.
5. Damages: All equipment supplied by the City to the Collection Service for the purpose of this contract will
be replaced at the Collection Service's expense in the event of damage caused while in the Collection
Service's care, custody, and control.
6. General Provisions:
RFP 2015-135-WG Page 25
51
A. Collection Service Personnel shall be unarmed at all times while engaged in the collection
of and transportation of parking meter revenue.
B. Collection Service shall collect coins, bills, and data from parking meters on routes and
schedules provided by the Parking Director of the City of Miami Beach, or designee.
C Route schedules and collection frequencies may change periodically, as required by
fluctuations in utilization; meter installations/removals and/or rate changes, or when the
Parking Director and/or its designee request a special collection. Collection frequency is
determined at the sole and absolute discretion of the Parking Director or designee.
D. Collection Service shall provide secure and safeguarded vehicles. These vehicles must
be supplied daily and additional vehicles should be provided as needed to perform
collection and supervision services. All vehicles shall contain the required equipment and
safeguards as outlined herein.
E. he Collection Service personnel will wear ldentiflcation tags, provided by the City of Miami
Beach, at all times. The Successful Proposer shall provide Superviso(s) who must remain
in two-way communications with the City's designee as well as the collection service
personnel.
F. Each vehicle is to be equipped with, at a minimum, the following security system features:
1) A web-based electronic vehicle tracking system, such as a GPS (Global
Positioning System). The City shall have access to the web-based system at all
times.2) Alarm system with sirens covering allentry points.3) Each vehicle must be equipped with compartments or containers that would
secure all collection canisters and handheld equipment preventing them from
getting damaged or lost.4) Enclosed vehicles to keep contents from public view.5) Each vehicle passenger must adhere to all safety requirements, including the
use of seat belts at all times for the safety of all collection personnel.6) All vehicles must be unmarked.7) All doors are to lock remotely when closed and be equipped with an alarm
system as specified above.8) Collection Service shall employ all of the personnel safety procedures and/or
devices necessary to transpo( monies, data, and equipment safely from parking
meters and multi-space pay stations to any place designated by the City of Miami
Beach for the purpose of counting, storing, depositing, or any combination
thereof.9) Each and every collector must be equipped with a two-way communication
device compatible with the City's provider for communication purposes from one
collector to another collector and to designated City of Miami Beach personnel.10) Each vehicle shall be properly maintained and in good working order and their
interior and exterior shall be aesthetically maintained throughout the term of the
Agreement, including all optional terms.
7. Zones: Collection requirements are itemized by zones (or routes) and/or individual meter number.
8. Zone Assignments: Zone assignments shall be issued daily at the Parking Department at the time the
RFP 2015-135-WG Page 26
52
collection equipment is issued. Wheeled carts for collection are to be provided by the City of Miami Beach
Parking Department and are to be returned at the close of each day's regular collection. The City in its sole
and absolute discretion may assign specific zones/routes to specific collection service personnel.
9. Transporting of Funds: All funds collected will be transported to the revenue processing facility for
consolidation. Revenues to be consolidated shall be counted by City personnel and then, at the option of the
City, delivered by the Collection Service to a designated Miami Beach depository no later than the first
business day following the collection by the Collection Service.
10. Reports: Collection Service will be required to complete and submit to the City on a daily basis, copies of
the report forms, including Key Report Form; Daily Parking Meter Non-Collection Repod; and Collection
Sheets. Collection Service shall complete appropriate forms, as provided by the City, for coins found out of
canisters. The City reserves the right to add/amend forms, as required.
11. Revenue Responsibilities: Collection Service shall be completely and totally responsible for the security
of all collected revenues (coin, bills, and/or data) while in their care, custody, or control. The Collection
Service shall be required to reimburse the City for any and all property, funds, and/or valuables damaged,
lost, or stolen while under their care, custody, and control of the Collection Service, upon notification to the
Collection Service.
12. The Successful Proposer shall designate a lead collector to coordinate all duties, functions, and respond
to all inquiries, as required, with the City of Miami Beach Parking Director, or designee.
13. City of Miami Beach Employees: The Successful Proposer agrees not to hire any existing City employee
herein in providing parking meter collection services to the City of Miami Beach.
14. City Monitoring: The City of Miami Beach Parking Department shall have the right to have its personnel,
as deemed appropriate, at the sole discretion of the Parking Director or designee, closely monitor the
collection service for any and all security reasons.
15. Loaner Equipment: The Collection Service shall be responsible for returning any loaned equipment to
the City. Any equipment damaged while in the custody of the Collection Service will be repaired or replaced
at the Collection Service's expense.
16. Collection Service Personnel: All collection service personnel must:A. Maintain a neat, well-groomed appearance at all times.B. Collect all assigned single space parking meters and multi-space pay stations, and
perform related duties.C. Be bonded and insured.D. Be in uniform consisting of the following: SporUpolo shirt or collared shirt (no t-shirts), dark
pants, shorts or skirt, and including but not limited to jackeUcold weather gear and rain
gear. The Successful Proposer's employees will be issued official City of Miami Beach
photo identifications and shall be required to be worn prominently on a daily basis as part
of the employee's official uniform. The Successful Proposer must include its name on the
badge or uniform. The City reserves the right for final approval of the uniform selected by
the Firm.E. Not smoke and/or eat on the job and/or in the Collection Vehicle.F. CollecUtransfer data as part of the collection process, as may be required.G. Provide directions and general information to the public.
H. Maintain a friendly, courteous and service-oriented attitude at all times.l. Demonstrate the ability to communicate effectively in the English language with the
RFP 2015-135-WG Page 27
53
J.
K.
general public, supervisors, and City management.
Be qualified to complete all required forms and reports.
The Successful Proposer must perform a background check, random yearly drug tests,
and Driver License checks every six months, firm/type of background check to be
approved by the City, on all of its employees, including psychological and/or aptitude
examinations as part of their employment process. The successful Proposer may also be
required to conduct other screening and/or investigative measures, at the request of the
City.
Perform all other related duties as assigned by the City.
Collection Staff must be fully trained before performing their duties. lt will be the
responsibility of the assigned collection service supervisor to train any new employee as
needed.
Perform all other related duties as assigned by the City.
L.
M.
N.
1 7. Performance Standards
A.
B.
Uniforms/Nametags: All employees must be in full uniform with their respective nametag
at the start and throughout the balance of their shift. Failure to do so may result in the
City's request to replace said employee with one in full uniform/name-tag.
Customer Service/Conduct: All employees must comport themselves in a respectful and
courteous manner when addressing the public/customers. Conduct unbecoming shall
include. rudeness, belligerence, hostility, quarrelsome, antagonistic, aggression, sarcasm,
contempt, and mocking. All employees shall further refrain from smoking, eating, and/or
drinking while on-duty. Complaints pertaining to customer service, including but not limited
to the behavior outlined above shall be immediately addressed by the Successful
Proposer. The City reserves the right at its sole discretion to determine if the employee is
unfit or incompetent to perform the duties and may require the immediate removal of the
employee and replacement with another within one (1) hour of said request.
Most Favored Customer: The Successful Proposer warrants and represents that the
prices, warranties, benefits and terms set forth in this Agreement are at least equal to or
more favorable to the City than the prices, warranties, benefits and terms now charged or
offered by the Firm, or that may be charged or offered during the term of this Agreement
for the same or substantially similar services as defined in this Agreement. lf at a time
during the term of this Agreement, the successful Proposer enters into an agreement that
provides prices, warranties, benefits and terms more favorable than those provided the
City hereunder, then the successful Proposer shall within thirty (30) calendar days
thereafter notify the City of such fact, and regardless of whether such notice is sent by the
successful Proposer or received by the successful Proposer or received by the City, this
contract shall be deemed to be automatically amended, effective retroactively to the
effective date of the more favorable agreement, to provide the same prices, warranties,
benefits and terms to the City; provided that the City shall have the right and option to
decline to accept any such change, in which event such amendment shall be deemed null
and void. lf the successful Proposer is of the opinion that an apparently more favorable
price, warranty, benefit or term of this Agreement is not in fact more favored treatment,
the successful Proposer will promptly notify the City in writing, setting forth in detail the
reasons that the successful Proposer believes said apparently more favored treatment is
not in fact more favored treatment. The City after due consideration of such written
explanation may decline to accept such explanation and thereupon this Agreement shall
be deemed to be automatically amended effective retroactively to the effective date of the
more favorable agreement, provide the same prices, warranties, benefits and terms to the
City. The provisions of this Article shall survive the closing and termination of this
Agreement.
C.
RFP 2015-'135-WG Page 28
54
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the
aforesaid evaluation/selection process until and unless a contract has been agreed to and
signed by both parties.
RFP 2015-135-WG Page 29
55
APPENDIX D
g MIAMIBEACH
Speciol Conditions
2015-r 35-WG
PARKING METER COLLECTION
SERVICES
PROCUREMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP 201s-135-WG Page 30
56
1.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
fiscalyears,
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.
COST ADJUSTMENTS: The initial contract prices resulting from this RFP shall remain
constant for one (1) year from the contract's initial effective date, 90 days prior to each
anniversary date of the contract the City may consider an adjustment to the preceding
year's unit costs for the subsequent year. Only request for increases based on a
corresponding increase in the Consumers Price lndex for the local urban market (CP|-U),
as established by the United States Bureau of Labor Statistics, or material adjustments to
the scope or requirements of the RFP by the City (e.9., material reductions in the number
of meters, collection schedule, etc,), will be considered. ln the event that the City
determines that the requested increase is unsubstantiated, the Contractor agrees to
perform all duties at the current cost terms.
It is the vendor's responsibility to request any pricing adjustment under this provision, For
any adjustment to commence on the first day of any exercised option period, the vendor's
request for adjustment should be submitted 90 days prior to expiration of the then current
contract year. The vendor adjustment request must clearly substantiate and support with
documentation the requested increase. lf no adjustment request is received from the
vendor, the City will assume that the vendor has agreed that the optional term may be
exercised without pricing adjustment. Any adjustment request received after the
commencement of a new option period may not be considered.
ADDITIONAL SERVICES. Services not specifically identified in this request may be
added to, or deleted from, any resultant contract upon successful negotiations and mutual
consent of the contracting parties, and approval by the City Manager.
PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against
damage to or loss of property belonging to the City of Miami Beach. lt is the responsibility
of the Successful Contractor to replace or repair any property lost or damaged by any of its
employees. The City of Miami Beach may withhold payment or make such deductions as
it might deem necessary to ensure reimbursement for loss or damage to property through
negligence of the Successful Contractor, its employees or agents.
THIRD PARTY FIDELITY BOND. Third Party Fidelity Bond in the amount of $500,000.00
will be required of the Successful Proposer. The Fidelity Bond shall be renewable annually
and on the options. The form of the bond shall be approved by the City Attorney and shall
be a corporate surety bond company licensed to do business in the State of Florida. The
City of Miami Beach must be included as the oblige for this bond.
3.
RFP 20'15-135-WG Page 31
57
APPENDIX E
AAIAMIBEACH
Cost Proposol Form
2015-r35-WG
PARKING METER COLLECTION
SERVICES
PROCUREMENT DIVISION.l700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 2015-135-WG Page 32
58
APPENDIX E
PROPOSAL TENDER FORM
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery
delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been
exercised by the City Manager in advance. This Proposal Tender Form shall be completed mechanically or, if
manually, in ink. Proposal Tender Form completed in pencil shall be deemed non-responsive. All conections
shall be initialed.
*Total Cost shall be used to calculate Cost Points as noted in Section 0400 Proposal Evaluation.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Aulhorized Representative's Signature:
PromptPaymentTerms % Days
RFP 2015-135-WG Page 33
59
APPEN DIX F
AAIAMIBEACH
I nsuro nce Requirements
2015-r 35-WG
PARKING METER COLLECTION
SERVICES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch. Florido 33.l39
RFP 2015-135-WG Page 34
60
MIAMIBEACH
INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention
Center Drive, 3'd Floor, Miami, Florida 33139, Certificate(s) of lnsurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida
Statute 440.
B. Commercial General Liability lnsurance on a comprehensive basis, including Personal
lnjury 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.
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.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List
of All lnsurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of lnsurance and are members of the Florida Guaranty
Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in
advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3RD FLOoR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation
under this section or under any other section of this agreement.
RFP 2015-135-WG Page 35
61
COMMISSION ITEM SUMMARY
Condensed Title:
Request For Approval To lssue A Request For Proposals (RFP) For Website Design,
and lmolementation.
Enhance External and lnternal Communication From and Within the Citv.
Environmental Scan
N/A
!tem mendation:
The City of Miami Beach is requesting proposals from qualified vendors to update the City's
website assets with a new design that represents the prestige of our vibrant City and to replace
the existing proprietary website Content Management System (CMS) with a non-proprietary
open source CMS. The sites that need to be redesigned and implemented include:
www. m iam ibeachfl. oQ.v and www. m bcu ltu re. com,
Currently, the online content has been decentralized to multiple content editors across all City
departments that are supported by two technical website administrators. lt is the City's intent to
preserve this mode of operation. The City has been running its websites in the current CMS
since 2006. Since then, much has changed in the architecture and security of open source
CMS, as well as the level of expectations of services provided by local government websites.
The goal is to enhance user experience by implementing a design that has an appealing look
and feel, making information easy to find by implementing user friendly navigation that is also
responsive to mobile devices, and improving the administration of the sites by implementing a
CMS that simplifies content management. The website must also conform to current ADA,
section 508, accessibility standards.
The proposed CMS needs to be robust, secure, and will support large amounts of content. The
current site hosts approximately 20,000 pages and has over 400,000 page views per month.
The information on the City's website is directed towards the City's citizens, businesses, and
visitors. Proposers are strongly encouraged to carefully review the City's existing websites,
which will define the baseline requirements.
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 2015-163-
LR for Website Desiqn, Development and lmplementation.
Clerk's Office islative Tracki
T:\AGEN I\RFP 2015-163-LR Website Design,
lmplem E SUMMARY.doc
Agenda ltem
Date
N/A
Financial lnformation :
Source of
Funds:
IT
Financial lmpact Summary:
Alex Denis, Ariel Sosa
(B MIAMIBEACH 62
MIAMIBEACH
City of Miomi Beoch, 'l 200 Conveniion Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
N MEMORANDUM
Mayor Philip Levine and Members df the City
Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: REQUEST FOR APPROVAL
PROPOSALS (RFP) FOR
IMPLEMENTAT!ON.
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
KEY INTENDED OUTCOME
CITY WEBSITE DESIGN, DEVELOPMENT, AND
Enhance External and lnternal Communication From and Within the City.
BACKGROUND
The City of Miami Beach is requesting proposals from qualified vendors to update the City's website
assets with a new design that represents the prestige of our vibrant City and to replace the existing
proprietary website Content Management System (CMS) with a non-proprietary open source CMS.
The sites that need to be redesigned and implemented include: www.miamibeachfl.qov and
www.mbculture.com
Currently, the online content has been decentralized to multiple content editors across all City
departments that are supported by two technical website administrators. lt is the City's intent to
preserve this mode of operation. The City has been running its websites in the current CMS since
2006. Since then, much has changed in the architecture and security of open source CMS, as well as
the level of expectations of services provided by local government websites. The goal is to enhance
user experience by implementing a design that has an appealing look and feel, making information
easy to find by implementing user friendly navigation that is also responsive to mobile devices, and
improving the administration of the sites by implementing a CMS that simplifies content management.
The website must also conform to current ADA, section 508, accessibility standards.
The selected firm wilt be responsible for:
1. Providing three (3) website design concepts that are in accordance with the City's design
standards.
2. Server installation and configuration of the CMS.
3. lmplementation of CMS security.
4. lmplementation of the approved design proposal in the proposed CMS as specified in the
scope of services section.
5. Migration of all content that currently exists in both City sites.
6. Training of website administrators and content editors.
7. CMS and server support services.
TO:
FROM:
63
City Commissioner Memorandum - City Website Design, Development, and lmplementation.
April 15,2015
Page 2 of 2
The proposed CMS needs to be robust, secure, and will support large amounts of content. The current
site hosts approximately 20,000 pages and has over 400,000 page views per month. The information
on the City's website is directed towards the City's citizens, businesses, and visitors. Proposers are
strongly encouraged to carefully review the City's existing websites, which will define the baseline
requirements.
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-163-LR for Website
Design, Development and lmplementation (attached).
o SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP 2015-163-LR for
Website Design, Development and lmplementation (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-163-LR for
Website Design, Development and lmplementation (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP
for Website Design, Development, and lmplementation.
ATTACHMENTS
AttachmentA: RFP 2015-163-LRforWebsite Design, Development, and lmplementation.
JLM/MT/AS/AD
64
REQUEST FOR PROPOSALS (RFP)
WEBSITE DESIGN, DEVELOPMENT AND IMPLEMENTATION
RFP #20 r 5-t 63-LR
RFP ISSUANCE DATE: APRIL 16,2015
PROPOSALS DUE: MAY 12,2015 @ 3:00 PM
ISSUED BY: LOURDES RODRIGUEZ, CPPB
E MIAMIBEACH
LOURDES RODRIGUEZ, SENIOR PROCURE'YIENT SPECIATIST
PROCUREMENT DEPARTMENT
1700 Convention Center Drive, Miomi Beoch, FL 33.l39
305.673.7000 x 6652 | Fox: 786.394.4075 | www.miomibeochfl.gov
65
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TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTtLrzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ........ .......3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ..........11
0400 PRoPoSAL EVALUATTON ....... ............14
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS
APPENDIX B "NO PROPOSAL" FORM
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS
APPENDIX D SPECIAL CONDITIONS
APPENDIX E COST PROPOSAL FORM
APPENDIX F INSURANCE REQUIREMENTS
RFP 201 5-t 63-LR
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SECTION ()2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s)(the "contractor[s]") if this RFP results in an award,
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposalsubmitted.
2. PURPOSE.
The City of Miami Beach is seeking proposals from qualified vendors interested in providing website design and
content management system services, The City's goal is to replace the existing proprietary Content Management
System (CMS) with a non-proprietary, open source CMS, update our website to enhance the user experience,
simplify content management, and provide better information and customer service to the community, while meeting
high standards for design quality, visual appeal and new design that represents the prestige of our vibrant City. The
sites that need to be redesigned and implemented include: www.miamibeachfl.qov and www.mbculture.com.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
The tentative schedule for this solicitation is as follows:
RFP lssued April '16, 2015
Pre-Proposal Meeting April 23, 2015 at 10 a.m.
Deadline for Receipt of Questions May 1,2015by 5 p,m,
Responses Due l{iay 12,2015 al3 p.m.
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
TBD
Contract Negotiations Following Commission Approval
305-673-7000 x 6652
RFP 2015 r63-LR
67
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receivednolaterthanten(10)calendardayspriortothedateproposalsaredueasscheduledinSection0200-3. 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 Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 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 fonrvarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City 0f Miami Beach website:
http://web. miamibeachfl.qov/procuremenUscroll.aspx?id=2351 0
. CONE 0F SILENCE....r PROTEST PROCEDURES............,.................,.,.,....
o DEBARMENT PROCEEDINGS
r LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES....
o CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
tssuES..........
CITY CODE SECTION 2486
CITY CODE SECTION 2-37,1
CITY CODE SECTIONS 2.397 THROUGH 2.485.3
CITY CODE SECTIONS 2.481 THROUGH 2.406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
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o REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EOUAL
BENEFITS FOR DOMESTIC PARTNERS.. ... CITY CODE SECTION 2.373
o LIVING WAGE REQUIREMENT... . CITY CODE SECTIONS 2-407 THR0UGH2-410
. 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 ACCEPTANCE0FGIFTS,FAVORS&SERVICES.... .... CITYCODESECTION2449
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. MIAMI BEACH-BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No, 201 1-3747 ,
a five (5) point preference will be given to a responsive and responsible Miami Beach-based Proposer.
12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
13. DETERMINATION 0F AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(a) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal
or Proposals which it deems to be in the best interest of the City, or it may also 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.
14. ACCEPTANCE OR REJECTION 0F 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 re.yect all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
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15. 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.
16. 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.
17. 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,
18. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
19. 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.
20. 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,
21. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its
officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,
or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the
performance of the contract, including its use by the City of Miami Beach, Florida, lf the Proposer uses any design,
device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception,
that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work.
22. MANNER 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
RFP 20 I 5-t 63-LR
70
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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.
23. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
24. ANTI-DISCRIMINATION. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
25. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Propose/s facility may be made prior to the award of contract.
B. 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.
26. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or othenrvise dispose of the
contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation, without the prior written consent of the City.
27. LAWS. PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws.
28. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
29. VOLUME OF WORK TO BE RECEIVED BY 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.
30. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. Thesolicitation;then
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D. The Propose/s proposal in response to the solicitation.
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31. 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,
32. CONTRACT EXTENSION. The City reseryes 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.
33. 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), Afi.,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,
34. MODIFICATIONMITHDRAWALS 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 conhact 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.
35. 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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36. 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 O3OO 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 ('l) 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 relected.
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 wil! 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 othenrvise.
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.
il
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
s requirements established in Appendix C, Minimum Requirements and Specificati
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identlfied 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: 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 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 Proposal team member to be assigned to this contract,
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=11696
Proposers are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and
as early as possible in the solicitation process. For assistance with any portion of the SQR submitta! process,
contact Dun & Bradstreet at800-424-2495.
RFP 201 5-t 63-LR
75
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, including website
design, server installation, Content Management System (CMS) installation and implementation, content migration,
training and support services.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
a fullv review and score the
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: proposed timeline, outline project phases
and City's role, design process, content editor, website administrator training, post website go live communications,
ability to integrate existing municipal branding into new sites, and ongoing technical assistance and training
Cost
Submit a com Cost Form
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
Ktr 2u t5- to3-LK 12
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SECTION O4O() PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only, The Evaluation
Committee does not make an award recommendation to the City Manager, The results of Step 1 & Step 2
Evaluations will be 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 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.
Cost Proposal
30
30
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample 0biective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 20 $100 / $100 X20 =20 20
Vendor B $150.00 20 $100/$150X20=13 13
Vendor C $200.00 20 $100/$200X20=10 10
RFP 2015-r63 LR r3
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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 furlher 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
Pnints 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
Rt-P 20 l5-t63-LR 14
78
APPENDIX A
@ MIAMIBEACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
RFP 2015-r 63-LR
Website Design, Development ond
lmplementotion
PROCU REMENT DEPARTMENT
I200 Conveniion Center Drive
Miomi Beoch. Florido 33139
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Solicitation No:
201 5-1 63-LR
Solicitation Title:
Website Desiqn. Develooment and lmolementation
Procurement Contact:
Lourdes Rodriquez 305-673-7000 x 6652
T Email:
LourdesRodriouez(Omiamibeachfl .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:NoofYearsinBusinessLocally: I No.of Employees:
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 NU,:
FIRM LOCAL ADDRESS:
CITY:
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.
RIP 20 I5 I63 LR t6
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3.
4.
b lv'ilAll,lBEACH
Veteran Owned Business. ls Proposer claiming a veteran owned business status?[--l vrs [__-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 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entlty 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---l ves 'fi
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 conkolling
financial interest as defined in solicitation. For each individual or entity with a conholling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the 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.
b.
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7.
t, the heurly living wage rates listed belew;. eemmeneing with eityfisealyear 2012 13 (Oeteber 1;2012); the heurly living rate willbe $'11,28/hrwith health
The living wage rate and health eare benefits rate may, by Reselutien ef the eity eemmissien be indered annually fer inflatien
ity may alse; by
weuld net be fiseally seund te implement
@
ive, and ma" further subjeet Prepeser te additienal penalties
age requirement ts
SUBMITTAt REQUIREMENT: Ne additienal submittal is required, By 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 full time employees on their payrolls during 20 or more
calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business
with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits" to their
employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a
Contractor who work within the City limits of the City of Miami Beach, Florida; and the 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 within the City of Miami
Beach.
A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees?f--l vrs [__--] 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 vrs [-l rrro
c. Please check all benefits that apply to your answers above and list In the "othe/' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave, other benefits are provided directly to the spouse or domestic
partner, such as medical insurance,
BENEFIT Firm Provides for
Employees with
Soouses
Flrm 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
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.miamibeachfl .qov/procuremenV.
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10.
b lvilAl'l\iBEACH
Public Entity Crimes. Section 287.133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity
in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of
being placed on the convicted vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
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 cefifies 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 Conflrm
Receinl
lnitial to Confirm
Rccpinl
lnitial to Confirm
Receiot
Addendum 1 Addendum 6 Addendum '1'1
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover
11.
RFP 20 I 5- I 63-LR t9
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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 pa( 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-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 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 cou( 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.
RrP 20 l5-t63-LR 20
84
b ,\lIAMIBEACH
Name of Propose/s Authorized Representative:Title of Proposer's Authorized Representative:
Signature of Proposef s Authorized Representative:Date:
State of On this _day of _, 20_, personally
appeared before me who
County of _) stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires:
of
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 disqualiflcation 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.
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APPENDIX B
MIAMIBEACH
"No Bid" Form
RFP 2015-t 63-LR
Website Design, Development ond
lmplementotion
PROCUREMENT DEPARTMENT
lZ00 Convention Center Drive
Miomi Beoch, Florido 33139
Rr-P 2U r5- r03 LR 22
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b iltAt4lBIACH
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR INDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future proposals
of this type product and/or service.
Signature:
Title:
Legal Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form,
may result in your company being removed from our vendors list.
PLEASE RETURN TO:
City of Miami Beach
Procurement Department
ATTN: Lourdes Rodriguez
RFP No. 2015-163-LR
1700 Convention Center Drive
Miami Beach, FL 33139
Rl-P 20 l5- t63-LR 23
87
APPENDIX C
g MIAMIBEACH
Minimum Requirements
& Specificotions
RFP 2015-t 63-LR
Website Design, Development ond
lmplementotion
PROCU REMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
24
88
b rvn'lAlv/ii BEACH
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.
1. Proposer must have produced a minimum of five (5) websites using proposed Content
Management System (CMS).
SUBMITTAL REQUIREMENT: For each web site listed, provide: CMS used; client;
client representative; client representative email address and telephone number;
contract dates, and a brief scope of work.
2. Proposer must have a minimum of three (3) municipal or public sector clients in the last
five (5) years where it has completed work similar in scope to this project using the
proposed Content Management System (CMS).
SUBMITTAL REQUIREMENT: For each client listed, provide: agency name; agency
representative; client representative email address and telephone number; contract
dates, and a brief scope of work.
C2. Statement of Work Required.
The City of Miami Beach is requesting proposals from qualified proposers to update the City's
website assets with a new design that represents the prestige of our vibrant City and to replace the
existing proprietary Content Management System (CMS) with a non-proprietary, open source
CMS. The sites that need to be redesigned and implemented include: www.miamibeachfl.qov and
www.mbculture.com.
C3. Specifications
Website Desiqn
1. The selected firm will be responsible for providing three (3) website design concepts that are in
accordance with the City's design standards and branding requirements. The look and feel
implemented need to be consistent throughout the City's website. For this task, the vendor is
required to propose a detailed approach and methodology for the website design,
2. The selected firm will be responsible for proposing navigation design wireframes that includes
an updated architecture of the content of the website in order to simplify its management. This
architecture must be designed by keeping in mind that the content presented will be directed
towards the City's citizens, businesses, and visitors. For this task, the vendor is required to
propose a detailed approach and methodology for the architecture design.
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b l,llAil,iBrACH
3. An integration strategy with existing City applications, third-party applications, and transitions
to external sites and other services need to be proposed in order to maintain a consistent flow
of information with the look and feel of the site. The selected firm will be responsible for
providing the templates, style sheets, and other files necessary for the implementation of the
recommendations made. For this task, the vendor is required to propose a detailed approach
and methodology for the integration strategy.
Seruer lnstallation
The websites will be hosted on premises in the City's VMware infrastructure. The selected vendor
will be responsible for the installation and configuration of the servers. The City will require the
following:
1. The operating system and database to be installed will be dictated by the proposed
Content Management System (CMS) best practices recommendations.
The database of the Content Management System will be installed on a separate server.
The selected vendor must provide details on the configuration needed for each of the
servers required to install the new Website/ Content Management System.
The vendor must specify the additional requirements such as licenses, certificates, etc,
Vendor is required to implement a development environment that is identical to the
production environment.
Content Manaoement System (CM$, lnstallation and lmplementation
The selected vendor must deliver to the City a new, fully operational Website/Content Management
System. Proposers are encouraged to carefully review the City's existing websites which will define
the baseline requirements. The proposed Content Management System needs to support large
amounts of content. The current site hosts approximately 20,000 pages and has over 400,000
page views per month.
1. Content Management System (CMS) Solution
a. Provide a comprehensive "full function", easy to use web based solution that
includes, but is not limited to, template creation, security and approval levels,
WYSIWYG content editor, versioning, content scheduling, etc. Use of the Content
Management System should not require content editors to know HTML, CSS,
XML, XSL, PHP, etc.
b. Provide the ability to update content automatically upon approval of edited pages.
c. Provide ability for City staff to both edit and approve content (through an agreed
upon workflow and based on user rights) for their assigned areas of responsibility,
d. Ensure that deleted pages will not be accessible via search.
e. Provide the ability during editing to resize pictures proportionately once
downloaded on a page.
f. Provide spell-check and grammar correction functionality.
2.
3.
4.
5.
RFP 20 I 5.I 63-LR 26
90
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l/rlAlviiBEACH
g. Due to ADA requirements, implement features that would not allow creating or
saving changes to a page if it does not contain all ALT tags and/or other required
Metadata.
h, Provide the ability to post multiple file types on web pages for viewing and/or
downloading (e.9. .jpg, .gif, pdf, etc.).
i. Provide ability to upload content to enable the public to view video, listen to audio,
and/or view photo galleries.j. Provide staff the flexibility to determine size and position of page features such as
photographs.
k. Provide solution that supports replicating navigation and menu changes to all
related pages automatically with no additional data entry or steps.l. Provide the ability for staff to add, change, and/or delete links between pages
and/or to other websites as needed.
m. Provide ability to access the Content Management System from the lnternet.
n. Support the optimization of pictures and graphic files for quickest page loading.
o. Provide the capability to create and manage document libraries/galleries to
support organizing and publishing documents according to subject matter.
p. Support the versioning and indexing of content to meet legal and policy-based
records retention schedules.
q. Ability to support multi-lingual content integration with Google Translate.
r. Ability to allow third party applets, such as widgets, to extend the functionality of
the website.
2. WebsiteRequirements
a. Conform to current American with Disabilities Act (ADA), Section 508 accessibility
standards.
b.
c,
d.
f.
Provide uniformity of design that is visually appealing, intuitive, and easy to use.
Provide features and functionality that exist on current website (Proposers are
strongly encouraged to carefully review the City's existing web presence).
Provide the ability for departments to have the flexibility to differentiate their pages
from the City's primary home page without compromising the consistent look and
feel of the overall site.
Provide a citizen-centric navigation scheme that improves the ability for users to
quickly find and navigate desired services or information.
Provide the capability for selected pages (i.e. City's home page and selected
departmenflevel home pages) to display a "slideshow" or "slider" where fresh
pictures and information are displayed and change automatically in a repetitive
fashion.
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g. Provide users an easy to use site search capability (i.e. Google or similar look and
feel and functionality preferred) that prioritizes and places the most relevant and
recent content at the top of the search results screen.
h. Provide a site map feature that automatically updates to reflect any site
adds/changes/deletions.
i. Provide consistent dropdown menus on all pages, with the ability for City trained
staff to change the menus as needed.j. Provide users with a printer-friendly page capability on every site page.
k. Support all major operating systems (i.e. Windows, Apple, iOS, Android, etc.) as
well as current and future versions of commonly used browsers (e.9, lnternet
Explorer, Safari, Firefox, and Chrome).
l. Provide responsive design in order to provide seamless access to the website
from all major mobile devices (i.e. iPhones, iPads, Android phones, tablets, etc.)
so that pages render efficiently and are easy to view and navigate regardless of
screen size.
m. Provide integration to social media and networking (i.e. Twitter, Facebook, Flickr,
YouTube, lnstagram, etc.) sites.
n. Provide the ability to display rotating or scrolling banners with associated
hyperlinks.
o. Provide site usage and other statistics to allow the City to analyze and optimize
the site based on user behaviors. The City currently uses Google Analytics.
p. Provide "breadcrumb" or similar navigation aide.
q. Provide common or quick links on the home page.
r. Support ability to display streaming video from the City's streaming video provider
Telvue.
s. Provide seasonal background/color/style themes that can be quickly and easily be
changed by City's website administrators.
t. Provide a solution that eliminates or minimizes the potential for duplicate
documents, forms, and other material as various pages are updated.
u. Provide innovative ideas and recommendations for maximizing the City's web
presence.
v. Provide any additional recommendations that may not be covered in the prior
requirements.
Content Miqration
The selected vendor will be responsible for the migration of all content of www.miamibeachfl.qov
and www.mbculture.com to the new sites. City content editors and website administrators will be
available to assist the selected vendor in this task. For this task, the vendor is required to propose
a detailed approach and methodology for the content migration from the existing sites to the new
sites.
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Traininq
The selected vendor will be responsible to train the City's content editors and website
administrators on how to use and manage the Content Management System. Additional training,
for server administration, may be required. For this task, the vendor is required to propose a
detailed training approach and methodology.
Supporf Servlces
The City is requiring that the selected vendor provide support services for the original three (3) year
term of Agreement. The service must include server 0S patches and upgrades, CMS patches and
upgrades, additional website design support and refresher training for content editors and website
administrators. Additionally, Proposer shall stipulate the cost of support for the renewal terms.
Rl-P 20 t5- t63-LR 29
93
APPENDIX D
g MIAMIBEACH
Speciol Conditions
RFP 2015-t 63-LR
Website Design, Development ond
lmplementotion
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20 I 5.I 63 LR 30
94
b i'/lAl/TIBEACH
1. TERM 0F CONTRACT. The contract shall commence upon the date of notice of award and shall
be effective for three (3) years.
2. OPTIONS T0 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.
3. ADDITIONAL SERVICES. The City may require additional services, similar in scope to the
requirements of this RFP, from time to time. Services not specifically identified in this RFP may be added by
mutual agreement of the Parties and approval of the City Manager.
4. AMERICAN WITH DISABILITIES ACT (ADA). Proposer will conform to current American with
Disabilities Act (ADA), Section 508 accessibility standards.
Rf-P 20 I 5- I 63.1R 3l
95
APPENDIX E
b
:MIAMIBEACH
Cost Proposol Form
RFP 2015-r 63-LR
Website Design, Development ond
lmplementotion
PROCU REMENT DEPARIMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
96
A/lAlvliBEACH
APPENDIX E
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full
accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and other requirements
stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays,
taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised
by the City Manager in advance. The Bid Price Form (Appendix E) shall be completed mechanically or, if manually, in
ink. Cost Proposal Form (Appendix E)completed in pencil shall be deemed non.responsive. Allcorrections on the
Proposal Tender Form (Appendix E) shall be initialed.
b
COST PROPOSAL FORM
Licenses and Certificates (specify any
97
b IdIAI/IBEACH
* Grand Total for all groups will be utilized to calculate the Cost Points as described in Section 0400(4),
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
98
APPENDIX F
I nsuro nce Requirements
RFP 2015-t 63-LR
Website Design, Development ond
lmplementotion
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
99
g MIAMIBEACH
INSURANCE REQUIREMENTS
The provider shall furnish to the Human Resources Department, Risk Management Division, City of Miami Beach,
1700 Convention Center Drive,3d Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that
insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation 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 100/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:
CITY OF MIAMI BEACH
17(}O CONVENTION CENTER DRIVE
3,4 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.
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101
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO TNV|TAT|ON TO BtD (lTB) NO.
2015.107.JR FOR THE Zth STREET PARKING GARAGE RENOVATION.
Build and Maintain Priority lnfrastructure with Full Accountability.
Data Environmental Scan. etc: N/A
Item Su mmary/Recommendation :
The City is seeking to renovate the 7'n Street Parking Garage. The project scope consists of
renovating the existing structural deficiencies at the Parking Garage located on 7th Street and
Collins Ave. The deficiencies and failures are in the waterproofing, traffic coating, planter drainage,
storm drainage, miscellaneous structural repairs, and repairs to recertify the electrical lighting
protection system. The scope of work will also include restriping of the parking stalls, removal and
replacement of plant material in the planter, repairs to the irrigation system in the planters,
miscellaneous repairs to the staircases, and repairs and painting of the existing fiberglass trellis.
The work set forth within the bid documents includes the furnishing of all labor, materials, shoring,
equipment, services, and incidentals for the construction of this project.
ITB No. 2015-107-JR was issued on February 20,2015, with a bid opening date of April 2,2015.
Five (5) addenda were issued. The Procurement Department issued bid notices to 301 companies
utilizing www.oublipurchase.com website. 104 prospective bidders accessed the advertised
solicitation. The notices resulted in the receipt of nine (9) responses from Allied Contractors, lnc.,
Emerald Construction, Tagarelli Construction, Gutknecht Construction, TGSV Enterprises, lnc,
Concrete Protection & Restoration (CP&R), ABC Construction, Contracting Specialist (CSl) and
Tendon Systems, LLC. See tabulation sheet (Appendix A).
The City Manager has considered the bids received, pursuant to ITB 2015-107-JR, and
recommends that the Mayorand City Commission of the City of Miami Beach, Florida, approve the
award of a contract to Allied Contractor, lnc., the lowest responsive, responsible bidder to the ITB;
and further authorize the Mayor and City Clerk to execute the contract.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to
ITB 2015-107-JR, for the 7th Street Parking Garage Renovation.
Financial lnformation :
Source of
Funds:,
Amount Account
1 $ 1,900,000.00 1 42-61 99-000676r.\zaD
OBPI L--.
2 $ 26.179.07 1 42-61 99-069357
Total $ 1 ,926,179.07
Financial lmoact Summarv:
T:\AGENDA\2O1S\April\PROCUREMENT\ITB 2015-107-JR Ztn StrEip"rring Garage Renovation -
AGENDA 11s6 C2C
DA;; o-t--tTMIAMIBEACH102
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
April 15,2015
REQUEST FOR APPROVAL TO AWARD
TNVITATION TO BtD (rTB) NO.201s-107-JR
GARAGE RENOVATION.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure with Full Accountability
FUNDING
The funding for this project is as follows:
142-6199-000676 Amount $1,900,000.00
142-6199-069357
Total Bid Amount:
BACKGROU ND I N FORMATION
The City is seeking to renovate the 7th Street Parking Garage. The project scope consists
of renovating the existing structural deficiencies at the Parking Garage located on 7th Street
and Collins Ave. The deficiencies and failures are in the waterproofing, traffic coating,
planter drainage, storm drainage, miscellaneous structural repairs, and repairs to recertify
the electrical lighting protection system. The scope of work will also include restriping of the
parking stalls, removal and replacement of plant material in the planter, repairs to the
irrigation system in the planters, miscellaneous repairs to the staircases, and repairs and
painting of the existing fiberglass trellis. The work set forth within the bid documents includes
the furnishing of all labor, materials, shoring, equipment, services, and incidentals for the
construction of this project.
ITB PROCESS
ITB No. 2015-107-JR, was issued on February 20,2015, with a bid opening date of April2,
2015. Five (5) addenda were issued. The Procurement Department issued bid notices to
301 companies utilizing www.publipurchase.com website. 104 prospective bidders
accessed the advertised solicitation. The notices resulted in the receipt of nine (9)
responses from Allied Contractors, lnc., Emerald Construction, Tagarelli Construction,
Gutknecht Construction, TGSV Enterprises, lnc, Concrete Protection & Restoration (CP&R),
ABC Construction, Contracting Specialist (CSl) and Tendon Systems, LLC. See tabulation
sheet (Appendix A).
The ITB stated that the lowest responsive, responsible bidder meeting all terms, conditions,
and specifications of the ITB will be recommended for award. Veteran Status was
considered during the tabulation of the bids received. Veteran status was not applicable to
Allied Contractors, lnc.
TO:
FROM:
DATE:
SUBJECT:A CONTRACT PURSUANT TO
FOR THE Zth STREET PARKING
$___26J_29-02
$1,926.179.07
103
Commission Memorandum
ITB 201 5-107-JR f Street Parking Garage Renovation
April 15, 2015
P a g e l2
ln its due diligence, the Procurement Department verified the following:
1. Licensing Requirements: Bidders shall be State certified and licensed General
Contractors to be considered for award and submit evidence of licensing with their
bid.
Allied Contractors, lnc. is a State certified as a General Contractor. State license
number is: CGC060070 and expires on August 31,2016.
2. Previous Experience: Bidders shall submit at least five (5) individual references
exemplifying their experience in projects similar in scope and volume involving
multi-level concrete restoration proiects. References must be projects completed
or in progress within the last five (5) years.
Allied Contractors, lnc. submitted five (5) individual references which
demonstrate their experience in projects similar in scope and volume to the work
indicated in the lTB.
3. Bidder must have the capability to provide a five (5%) percent bid bond for the
project. The City reserves the rightto require performance and payment bonds from
the successful bidder.
Allied Contractors, lnc., bid response was accompanied by a Bid Bond from Axis
lnsurance Company, dated March 25,2015. The Bid Bond has been issued for
five (5%) percentof Allied Contractors, lnc. of the Total Bid Amount. TheirSurety
is Alter Surety Group. Axis lnsurance Group will provide the necessary
Performance and Payment Bond in the amount of $1 ,926,179.07 for Allied
Contractors, lnc., for the project known as 7b Street Parking Garage Renovation.
4. Financial Stability and Strength: The Bidder must be able to demonstrate a good
record of performance and have sufficientfinancial resources to ensure that they can
satisfactorily provide the goods and/or services required herein.
Allied Contractors, lnc. has a good record of performance and has the financial
resources to ensure that they can satisfactorily provide the goods and/orservices
required in the lTB. Their latest Supplier Qualifier Report from Dun & Bradstreet
indicates that they have a Supplier Evaluation Risk (SER) rating of 2 out of 9.
The lower the score, the lower the risk.
Accordingly, Allied Contractors, lnc., has been deemed the lowest responsive and
responsible bidde(s) meeting all terms, conditions, and specifications of the ITB.
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received, pursuant to ITB 2015-107-JR, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve the award of a contract to Allied Contractor, lnc., the lowest responsive, responsible
bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract.
104
Commission Memorandum
ITB 201 5-107-JR lh Street Parking Garage Renovation
April 15, 201 5
Page l3
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the City Manager's recommendation pertaining to the bids received,
pursuant to ITB 2015-107-JR, for the 7th Street Parking Garage Renovation.
JLM/MT/DM/AD
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r.-. "-,I/IL,-,
--m
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUIIA, CITY ATTORNEY COMMISSION MEMORANDUM
LTO:
FROM:
DATE:
Mayor Philip Levine
Memberc of the City Commission
City Aftorney RaulJ. Aguila?
City Manager Jimmy Morales
April 15,2015
AGREEIUIENT FOR GOLF CARTS UTILIZED IN THE II'IAMI BEACH GOLF
CLUB AND NORMANDY SHORES GOLF CLUB, ON A MONTH TO MONTH
BASIS UNTIL SUGH TIi,IE AS THE NEW AGREEMENT, PURSUANT TO ITB
2015.01o-WG, IS COITiPLETED AND CAN BE EXECUTED.
On December 17,2A14, the City Commission approved the Administration to
negotiate the terms of a lease agreement with Textron, lnc. for the replacement of the
golf carts utilized in the Miami Beach Golf Club and Normandy Shores Golf Ctub,
pursuant to lnvitation to Bid (lTB) 2015-010-WG. The City Attorney's Office is currently
negotiating and finalizing the said lease agreement, with TCF Equipment Finance,
Textron's leasing agent. As a result, it is necessary to continue the City's current
agreement until such time as negotiations on the new lease agreement can be finalized
and the new agreement can be executed.
Agenda ltem C3D
Date ?45_lf106
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107
c4
COMMISSION COMMITTEE
ASSIGNMENTS
108
g MIAMIBEACH
City of Miomi Beoch, I700 Convenlion Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of fthe City Commi
Jimmy L. Morales, City Manager
April 15,2015
COMMITTEE MEETING TO DISCUSS THE WAIVER OF COMPETITIVE BID TO
REPURCHASE SHELTER BEDS AT MIAM! RESCUE MISSION, AN EMERGENCY
SHELTER PROV!DER
As part of its ongoing efforts to end homelessness in our community, the City purchases emergency
shelter beds from several providers. The current purchased beds by providers are:
ln 2013, when The Salvation Army contract was set to expire, the City issued a Request For Proposal
(RFP) to seek shelter providers that could provide the shelter services reflective of our community's
homeless population: men, women and families with children (albeit in a much smaller scale than
previously planned for). As a result of this RFP, the City entered into vendor agreements with three
providers: Camillus House, Lotus House and The Salvation Army. AII three of these agencies have
entered into agreements Beds at these three shelters will cost $25.56 per bed per day in FY 2015t16.
Miami Rescue Mission's current contract will expire September 30,2015. The current bed rate for
Miami Rescue Mission is $15 per bed per day.
While all shelter providers provide basic shelter and case management services, Miami Rescue
Mission has one of the highest bed utilization rates and has the highest success rate because of our
ability to identify and terminate failing clients at a faster rate. ln addition, unlike most of the other shelter
providers, Miami Rescue Mission is more flexible in accepting clients with no identification, past criminal
histories (including violent offenses) and existing drug use. This flexibility in admission standards has
enabled us to place some of our hardest-to-serve clients at Miami Rescue Mission.
The Administration is requesting a discussion item be referred to the April 24, 2O1S
Neighborhood/Community Affairs Committee meeting to discuss the merits of waiving competitive bid
for the renewal of emergency shelter beds purchased by the City at Miami Rescue Mission to ensure
the availability of beds for the most hard-to-place homeless clients.
JLM/KGB/MLR
T:\AGENDA\201S\April\Housing & Community Services\Referral to NCAC to discussMiami Rescue Mission.doc
TO:
FROM:
DATE:
Men. Women. Children
Agenda ltem C VA
Date q-,s_ts_109
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110
r.*r .*.. 4
I-..-,
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l; j1'.. ]i.;;
.r, i. .,n, :. l",,il, T_- fru {*' ,.:-\, ; iil*! j.....-,1'*1.t.*? I
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch. Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
':;" ffi :'l::"J:;il:f;" " ;A77DATE: April 15,2015
SUBJECT: REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE FOR
A DISCUSSION ON THE PROPOSED ROUTE AND SERVICE PLAN FOR THE
MIDDLE BEACH TROLLEY.
BACKGROUND
On October 22, 2014, the City Commission made a motion directing the Administration to
proceed with planning and developing a Middle Beach Trolley Loop as part of a citywide
interconnected trolley system.
On February 2, 2015, the Transportation Department presented a proposed Middle Beach
Trolley route and service plan to the Transportation, Parking and Bicycle-Pedestrian Facilities
Committee (TPBPFC) for inpuUfeedback.
On February 24, 2015, the Transportation Department held a public workshop at the Miami
Beach Golf Course to present a proposed trolley route and service plan to the community and
obtain additional feedback. Approximately fifteen (15) residents attended the public meeting and
an additional ten (10) residents submitted feedback via email. The vast majority of residents
who provided feedback supported the proposed route.
The Administration would like to present the proposed Middle Beach Trolley route to the
Neighborhood/Community Affairs Committee (NCAC) for discussion and input. The route to be
presented to the NCAC will incorporate the suggestions received by the Transportation
Department at the TPBPFC meeting and the public workshop.
CONCLUS!ON
The Administration recommends this item be referred to the NCAC for discussion.
h tki,7'
JLM/KGB/JRG/JFG
T:\AGENDA\2015\April\Transportation\Referral to NCAC for Presentation of Proposed Middle Beach Trolley Route.doc
Asenda ttem 116-
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112
G4 - Gommission Committee Assiqnments
C4C Referral To The Land Use And Development Committee And The Planning Board - An
Amendment To The Applicable Section Of The City Code Clarifying That The lncentives
Ordinance For The Retention Of Architecturally Significant Single Family Homes, Does
Not Apply To Single Family Homes Located Within A Local Historic District.
(Sponsored by Commissioner Joy Malakoff)
Agenda lltem C/C-
D;t"V/s-/{113
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114
n*"its
I-"-,ll{*1ffirc
=ffi,,ll,1:-1it-!5*.,"1 i): ./,," ! II '',i I i_,"\i".. il
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: Morch 19, 2015
SUBIECT: Referrol to the Lond Use ond Development Committee: Discussion
pertoining to membership requirements for Design Professionols serving on
the City's Lond Use Boords
Pleose ploce the obove on the April 1 5,2015 City Commission ogendo.
lf you hove ony questions, pleose contoct me of extension 6622.
JWVM
We ore commilted to providing excellent public senice ond sofely to oll who live, work, ond ploy tn our vtbront, rr"O,.",
I;;;;H I q h. Dil.W115
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116
C MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April T, 2015
Re: Commission Agendq hem - Consenf ltem
Pleose ploce on the April 1 5,2015 Commission Consent Agendo:
A referrol of rhe proposed Oceon Terroce Overloy Districl, bounded by
73'd Streei on the south,75'h Street on lhe north, Oceon Terroce on the
eosl ond Collins Avenue on lhe wesl, lo lhe Moy 27, 2Ol5 Lond Use &
Developmeni Committee meeting, ond the Moy 26,2015 Plonning
Boord meeting.
JW
\le ore conniled to prcviding excellent public senice and sofeitT lo oll who live, work, ond pla,7 in our vibrcni, fropico!, hisfcnc ccmnuniiy.
Agenda ltem CVE
DateT_rqt-tT117
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118
MIAMIBEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33,l 39. www.miomibeochfl.gov
ISSION MEMORANDUM
Mayor Philip Levine and Members of,the City
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
PERTAINING TO REQUIRED ENCLOSURES FOR RENTAL CAR FACILITIES
ADM! NISTRATION RECOMMEN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND / ANALYSIS
On March 11,2015, the City Commission (ltem C4l), at the request of Comm. Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (LUDC) regarding
proposed amendments to the City Code pertaining to the parking of rental cars in commercial
districts.
On April 1,2015, the Land Use Committee discussed the item and recommended that the attached
Ordinance Amendment be referred to the Planning Board.
CONCLUS!ON
ln accordance with the April 1,2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
'rwce Amendment to the Planning Board.
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Asenda ttem C{F
Da:r- {{fl{119
Required Enclosures for Rental Car Facilities
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114.1, "DEFINITIONS", BY MODIFYING THE
DEFINTION OF GOMMERCIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE !V,
"SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 1,,,GENERALLY"
TO MODIFY THE REQUIREMENTS FOR REQUIRED ENCLOSURES TO
CREATE AN ALLOWANCE FOR THE OUTDOOR EXPOSURE OF RENTAL
CAR VEHICLES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes supplementary district regulations that address enclosures; and
WHEREAS, Chapter 142 is proposed to be amended to allow the outdoor storage of
rental cars; 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 114, "General Provisions," Section 114-1, "Definitions," is
amended, as follows:
Commercial vehicle means any vehicle, including but not limited to trucks, trailers, semitrailers,
tractors* and motor homes, and vehicles for rent or lease utilized in connection with the
operation of a commerce, trade, or business, or automobile rental aqencv (as defined in Sec.
102-356) and not utilized as a dwelling.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations", Article lV, "Supplementary
District Regulations," Division 1, "Generally," is amended, as follows:
Sec. 142-874. - Required enclosures.
(a) Store enclosures. ln all use districts designated in these land development regulations,
the sale, or exposure for sale or rent, of any personal property, including merchandise,
groceries or perishable foods, such as vegetables and fruits, is prohibited, unless such
sale, or exposure for sale, is made from a substantially enclosed, permanent building;
provided, however, that nothing herein contained shall be deemed applicable to rooftop
areas not visible from the right-of-way, filling stations, automobile service stations.
vehicles for rent or lease utilized in connection with the operation of an automobile rental
aqencv (as defined in Sec. 102-356) provided that the exposure of the vehicles is on the
same site at which the automobile rental aqencv is located, and that such exposed
vehicles are fullv screened from view as seen from anv riqht-of-wav or adioinino prooertv
when viewed from five feet six inches above qrade. with aporopriate landscapino not
120
less than six feet in heiqht, or repair shops; uses having revocable permits or beach
concessions operated or granted by the city, newsracks or newspaper stands, or
displays at sidewalk cafes as permitted in subsection 82-384(ff), wherever such uses are
otherwise permissible.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. 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 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: ,2015
Second Reading:,2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
Stnke+nreush denotes removed lang uage
T:\AGENDA\2O1S\April\Referral to Planning Board - Sec. 142-874 Required Enclosures ORD.docx
121
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122
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: April 8, 2015
SUBJECT: Agenda item for the April 15,2015 City Commission Meeting
Please add to the April 15,2015 City Commission agenda a referral to the Sustainability and
Resiliency Committee a discussion regarding the provision of renewable energy sources in
new construction projects.
lf you have any questions please do not hesitate to call our office.
Thank you.
Tathiane Trofino
il,4tAMtSffi&Sffi
On behalf of Commissioner Micky Steinberg
OFFICE OF MAYOR AND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7 103 I F ax: 305-673-7096 / www.miamibeachfl .qov
We are commifted to providing excellent public seNice and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffeC to providing excellent publtc service ond soiefy to ol! who live,'tork, ond play in our vibront, fropical, hisroric communifv.
Agenda ltem C/ (r
oate /4f({123
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124
c6
COMMISSION COMMITTEE REPORTS
125
H:::ffi:ffi ^*ill::tr:i*-
t'',, il, i'v :li::"t !:.. lttl\,,.,!" :
City of Miomi Beoch, I700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
ffi r*L .*"nrcffi
TO:
FROM:
DATE:
SUBJECT:
Members of the Finance and
Jimmy L. Morales, City Manager
April 15,2015
REPORT OF THE FINANCE AND
MEETING ON MARCH 2,2015
Projects ittee
CITYWIDE PROJECTS COMMITTEE
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding The Greater Miami Gonvention and Visitors Bureau
lnterlocal Agreement
ACT!ON
The Committee recommended bringing this item back to the Finance Gommiftee
with a budget presentation explaining how funds are being spent.
Discussion Regarding The Live Nation Management Agreement For The
Jackie Gleason Theater
ACTION
The Commiftee recommended bringing this item back to the Finance Gommittee
after Administration has re-negotiated the contract terms.
Discussion asking the Commission for $10,000 for 2015 Senior Group
Programs. He wants to reach out to senior citizens throughout Miami
Beach
ACTION
The Committee recommended not moving forwarded with the item.
Discussion Regarding The Miami Beach Convention Genter Booking Policy
ACTION
The Committee recommended staff bring this item back to the Finance Committee
with the recommended changes.
Agenda ltem QpADate-WlT126
Discussion Regarding The Renewal Of The City Manager Jimmy Morales's
Employment Contract
ACTION
The Committee recommended moving forward with the City Manager Contract
Term Sheet that states the following:
Duration:4 vear term at $262,650.00 annual salarv
Bonus:10% ($25,500.00) onetime non-pensionable to be awarded on March 31,
2015
COLA increase:3% one-time increase on salarv to $262.650.00
457 Fundinq:lncrease city contributions from $3,900.00 to $24,000.00 for term of contract
ITEMS REFERRED AT Februarv 11. 2015 COMMISSION MEETING
6. Discussion Regarding The Goncession Agreement For The Management
And Operation Of A Food And Beverage Concession, Currently Operated
By Blissberry, LLC., Located ln A Portion Of The South Pointe Park
Pavilion Building
ACTION
The Committee recommended extending the Concession Agreement for a period
of five (5) years, maintaining the Concession Fee at fifteen percent (15%l of gross
sales with an increase to the Minimum Guarantee of twenty five thousand dollars
($25,000) annually, payable in quarterly installments of six thousand two hundred
and fifty dollars ($6,ZSO1 each.
7. Discussion Regarding The Concession Agreement For The Management
And Operation Of Concession Stand Buildings And Beachfront Concession
Areas, Currently Operated By Tim Wilcox, lnc., Located At 21st And 46th
Streets
ACT!ON
The Committee recommended bringing this item to Commission to decide if it
should go out for bid.
8. Discussion Regarding The Construction Of A Parking Garage At The 27th
Street And Collins Avenue Parking Lot
ACTION
The Gommiftee recommended staff involve the Walker Parking Gonsultants that
conducted the study to provide the numbers again, check for accuracy of the
study and to bring those results back to the Finance Committee. Mr. Sklar was
asked to further investigate the valet parking in Municipal Parking Lot No. P55.
127
10.
Discussion Regarding The lssuance Of A Solicitation For The Placement Of
ATM Machines On City Owned Property (i.e. City Owned Parking Garages,
etc.)
ACTION
The Committee recommended not moving forward with this item.
Discussion Regarding Approval To Authorize The lssuance Of A Request
For Proposals (RFP) For Security Guard Services
ACTION
The Committee recommended staff reconvene the working group to review the
changes recommended by David Custin, lobbyist for G4S Security, and bring back
a draft of the RFP 2015-013-WG for Security Officer Services with any proposed
changes.
tt. Discussion Regarding Life Guard Stands ln Miami Beach
ACTION
The Committee recommended moving forward with building life guard stands at
the following 6 locations: 43'd Street, 58th Street, 25th Street, s0th Street, 66th Street
and 4th Street. This will be added as an enhancement during the budget process
maybe using resort tax collections to fund additional expenses. Also, staff was
instructed to see if hotels are willing to partake in contributing to the funding of
the stands in which they would receive small advertisement on the actual stands.
NEW BUSINESS
tz. Discussion Regarding the lssuance of Additional Stormwater Revenue
Bonds
ACTION
The Committee recommended moving forward with the issuance of the bonds.
Per the provisions of Section 2-278 Procedures (a) 3, two public hearings wil! be
held for this proposed Stormwater Revenue Bond issue. The dates of the public
hearings are proposed for March 18 and April 15, 2015, and each date will be
advertised at least fifteen (15) days prior to the public hearing date. Additionally
we expect to price and close in May 2015. The City has applied for $7.5 million of
additional Stormwater funding from the State Revolving Fund and anticipates
applying for additional amounts as funding becomes available.
128
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129
MIAMIBEACH
City of Miomi Beoch, 1 200 Convention Cenler Drive, Miomi Beoch, Florido 33-l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o the City C mission
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: LAND USE AND DEVELOPMENT C4IMITTEE MEETTNG OF MARGH 3, 2015
A Land Use and Development Committee meeting was held on March 3,2015. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Ed Tobin.
Members from the Administration, including, Thomas Mooney, Eve Boutsis, Betsy Wheaton,
Eric Carpenter, and Rogelio Madan, as well as members of public, were also in attendance.
Please see the attached sign-in sheet.
The meeting was called to order at 3:14 PM.
1. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND CHAPTER 142
OF THE CITY CODE.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY GOMMISSION MEETING, ITEM G4O)
VERBAL REPORT
MOTION: Continued to the April 1 ,2015 meeting by Acclamation.
2. DISCUSSION REGARDING ZONING IN PROGRESS.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
NOVEMBER {9. 2014 CtTy COMMTSSTON MEETING, |TEM C4B)
MOTION: Continued to the April 1 ,2015 meeting by Acclamation.
3. DISCUSSION REGARDING CHARGING STATIONS FOR PLUG.IN VEHICLES.
(SPoNSORED By COMMTSSTONER MrCKy STETNBERG
FEBRUARY 18. 2015 CITY COMMISSION MEETING, ITEM C4I)
AFTER.AGTION:
Betsy Wheaton introduced the item. Different methods to require the encouragement and
Agenda ltem C0 B
oate ?-tf-/{130
Report of the Land Use & Development Committee Meeting of March 3, 2015
Page 2 of 3
construction of charging stations were discussed. lt was noted that electric vehicles are
more efficient than hybrid vehicles. Commissioner Malakoff indicated that many car
companies were beginning to produce electric vehicles, and suggested that Land
Development Regulations require that2o/o to 10o/o of parking spaces in new development be
required to accommodate electric vehicles. lt was suggested that additional thought be
given to incentivize existing development to provide electric vehicle parking stations.
MOTION: ET/JM (2-0)
Recommend that the City Commission refer an Ordinance to the Planning Board to amend
the City Code to establish electric vehicle parking requirements for new development.
4. DISCUSSION REGARDING SEAWALL CONDITIONS, ENCROACHMENTS
INTO PUBLIC PROPERTY FOR PRIVATE USE.
(SPoNSORED BY Crry COMMTSSTON
FEBRUARY 11. 20{5 CITY COMMISSION MEETING, ITEM C4J)
AFTER.AGTION:
Eric Carpenter introduced the item.
Members of the public addressed the Committee.
Betsy Wheaton described various options for living sea walls.
MOTION: The item was continued to April 1 ,2015 by Acclamation.
5. DISCUSSION REGARDING AN ORDINANCE AMENDMENT PERTAINING TO THE
EXPANSION OF THE LANDSCAPE ARCHITECT MEMBERSHIP CATEGORY ON
THE DESTGN REVTEW BOORD (DRB).
(SPoNSORED BY COMMTSSTONER JOY MALAKOFF
FEBRUARY 25. 2015 CITY COMMISISON MEETING, ITEM C4B)
AFTER.ACTION:
The Committee discussed the item.
Commissioner Malakoff suggested that the requirement for a Landscape Architect on the
DRB be expanded to allow for an Environmental Scientist.
Members of the public addressed the Committee.
Sheryl Gold suggested that members of the Historic Preservation Board be allowed to serve
on the Design Review Board and vice versa, and that the requirement for a Landscape
Architect was necessary.
Commissioner Tobin expressed concerns that allowing members to serve on two boards
would require a voter referendum.
MOTION: ET/JM (2-0)
Motion to recommend that the City Landscape Architect staff participate in the Land Use
Board Hearings.
MOTION: ET/JM (2-0)
Motion to recommend that the Ordinance be sent to the Planning Board with a favorable
recommendation.
131
Report of the Land Use & Development Commiltee Meeting of March 3, 2015
Page 3 of 3
Meeting adjoWned at 3:45 p.m.hrWl
JLM/(DrJTTRM/RM
M:\$CMB\CCUPDATES\Land Use and Development Commiftee\2O1S\lVlarch 3, 20'1S\Report of the March 3, 2015 LUDC
Meeting.docx
132
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MIAMI BEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: LAND USEAND DEVELOPMENT E MEETING OF APRIL 1,2015
A Land Use and Development Committee meeting was held on April 1, 2015. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Jonah Wolfson.ln addition Commissioner Michael Greico was in attendance. Members from the
Administration, including, Joe Jimenez, Thomas Mooney, Raul Aguila, Eve Boutsis, Eric
Carpenter, Michael Belush, and Rogelio Madan, as well as members of public, were also in
attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:05 PM.
1. DISCUSSION ON WASHINGTON AVENUE OVERLAY DISTRICTS.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JOY MALAKOFF
MAY 21.2014 CITY COMMISSION MEETING, ITEM C4B)
AFTER.ACTION:
Members of the committee discussed the item.
MOTION: The item was continued to April 8, 2015 by Acclamation.
2. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND CHAPTER f42
OF THE CITY CODE.
(RETURNTNG FROM THE MARCH 3,2015 LUDC MEETTNG
SPONSORED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4O)
VERBAL REPORT
MOTION: The item was continued to May 27,2015 by Acclamation.
3. DISCUSSION ON THE COLLINS CANAL PROJECT.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
Agenda ttem CQC
Date (r4F/ f134
Repoft of the Land Use & Development Commiltee Meeting of April 1, 2015
Page 2 of 3
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgG)
AFTER.ACTION:
Eric Carpenter introduced the item.
Members of the public addressed the committee.
MOTION: The item was continued to May 27, 2015 by Acclamation.
4. DISCUSSION REGARDING ZONING IN PROGRESS.
(RETURNTNG FROM THE MARCH 3,2015 LUDG MEETTNG
SPONSORED BY GIry COMMISSION
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM C4B}
AFTER.AGTION:
The committee discussed the item.
Commissioner Wolfson expressed concerns that Zoning in Progress allows delegated
officials to enact laws that impact property owners.r Qommissioner Malakoff described how Zoning in Progress can be quickly overturned by the
Commission if the regulations are not practical.
MOTION: No further action taken.
5. DISCUSSION OF PROPOSED AMENDMENTS TO THE CITY CODE PERTATNING TO
ADDITIONAL RESTRIGTIONS AND AN INGREASE IN FEES FOR SINGLE FAMILY
LOT SPLIT APPLIGATIONS.
(RETURNTNG FROM THE FEBRUARY 18,2015 LUDC MEETTNG
SPONSORED BY GITY COMMISSION
FEBRUARY 11. 2015 GITY COMMISSION MEETING, ITEM C4!)
MOTION: The item was continued to April 8, 2015 by Acclamation.
6. DISCUSSION REGARDING SEAWALL CONDITIONS, ENCROACHMENTS
INTO PUBLIC PROPERW FOR PRIVATE USE.
(RETURNTNG FROM THE MARCH 3,20{5 LUDC MEETTNG
SPONSORED BY CITY COMMISSION
FEBRUARY 11. 2015 C!ry COMMISSION MEETING, ITEM C4J)
VERBAL REPORT
MOTION: The item was continued to April 8, 2015 by Acclamation.
7. DISCUSSION REGARDING THE PROHIBITION OF BED AND BREAKFAST
ESTABLISHMENTS IN THE PALMVIEW HISTORIC DISTRICT.
(spoNSoRED By COMMTSSTONER JOy MALAKOFF
MARGH 11. 2015 CITY COMMISSION MEETING, ITEM C4D)
AFTER.ACTION:
135
Report of the Land Use & Development Committee Meeting of April 1, 2015
Page 3 of 3
Thomas Mooney introduced the item.
Sheryl Gold expressed concerns that bed and breakfast inns locating within the Palm View
Historic District could have a negative impact on the neighborhood.
A property owner expressed concerns that removing the ability to have a bed and breakfast
inn on his property would conflict with State Law and could reduce his property values.
Commissioner Grieco stated that a legal opinion was necessary to determine if a bed and
breakfast inn qualifies as a short-term rental pursuant to State Law.
Commissioner Malakoff mentioned that it was important to have a legal opinion available for
the Planning Board consideration of the Ordinance.
MOTION: The item was continued to April 8, 2015 by Acclamation.
8. DISCUSSION ON AMENDING THE LAND DEVELOPMENT REGULATIONS TO
PERMIT THE OUTDOOR / INDOOR STORAGE / PARKING OF RENTAL AGENCY
VEHICLES IN THE TC.l ZONING DISTRICT.
(SPoNSORED BY VrCE-MAYOR JONAH WOLFSON
MARCH 11. 2015 CITY COMMISSION MEETING, ITEM C4T)
VERBAL REPORT
AFTER.AGTION:
Ralph Andrade introduced a proposal for a text amendment.
The committee discussed the item.
MOTION: (JW/JM)
Recommend that the City Commission refer an Ordinance Amendment to the Planning
Board in accordance with the draft text provided by Mr. Andrade.
Meeting adjourned at 3:50 p.m.*@,**
M:\$CMB\CCUPDATES\Land Use and Development Committee\2015\April 1, 2015\Report of the April 1, 2015 LUDC
Meeting.docx
136
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OFFICE OF THE CIry MANAGER
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
COMMISSION MEMORANDUM
the City
SUBJECT: REPORT OF
MEETING ON
THE NEIGHB oMMUNTTY AFFATRS COMMTTTEE (NCAC)
FRIDAY, MARCH 20,2015
A meeting of the Neighborhood/CommunityAffairs Committee was held on Friday, March
20,2015 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 2:23 P.M.
1. Discussion Regarding Greating A Community Vegetable Garden Through Our Parks
& Recreation Program For Miami Beach Elderly ln Our Senior Centers; To lnclude
Regular Transportation To The Garden.
Item C4K, December 11,2013
(Requested by Commissioner Tobin)
AFTERACTION
Elizabeth Valera, Parks and Recreation Assistant Director presented the item.
Elizabeth Valera stated that the senior citizens would like to participate in this program. The
program would take place in the North Beach area, by the Parkview annex.
DIRECTION: by Commissioner Steinberg to bring this item back in June with a status report.
NO ACTION TAKEN
2. Discussion On The Beautification Of The Alton Road Flyover Bridge At The Eastern
End Of l-395.
Item R9M, October 22, 2014
(Req uested by Com missioner Mal akoff)
AFTERACTION
Eric Carpenter presented the item.
Eric Carpenter stated that the City has partnered with FIU to create a plan for the flyover.
There have also been some unsolicited offers to improve the flyover.
DIRECTION: by Commissioner Tobin to have this item brought back in May with the
preliminary drawings from FIU and Mr.DeBerry, the unsolicited offer to beautify the flyover^
3. Discussion Regarding The Possible Appointment Of A Dedicated Liaison To The 41st
Street Corridor.
Item C4H, October 16, 2013
(Requested by Commissioner Tobin)
AFTERACTION
Eric Carpenter, Public Works Director presented the item.
Eric Carpenter stated that there is a current Public Works employee that is dedicated to 41't
Street. A list of necessities to keep 41't Street presentable will be presented and with the
Agenda ltem CGD
oate ?-ls- l{138
approval of the City Commission will be added onto the budget.
Commissioner Grieco stated that parking in the alleys is an issue on 41" Street.
Eric Carpenter stated that he will add this to the list of responsibilities for the 41't Street
liaison.
Commissioner Tobin suggested doing a survey of the 41't Street property owners.
Eric Carpenter stated that Lynn Bernstein has been tasked with working on this to get
feedback from the property owners.
DIRECTION: by Commissioner Tobin to come back to NCAC in two months with a status
update on the survey.
NO ACTION TAKEN.
4. Discussion Regarding The Lack Of Available Public Parking At 46th And Gollins
Avenue.
Item C4O, February 11, 2015
( Req u e sted by Co m m i ssione r Ste i n be rg )
Item deferred.
5. Discussion Regarding Status Of Beach Chair Lock Boxes For Valuables.
Item C4P, February 11, 2015
(Requested by Commissioner Tobin)
AFTERACTION
Max Sklar, Tourism, Culture and Economic Development Director presented the item.
Max Sklar requested this item be deferred.
Commissioner Grieco stated that this does not fully solve the issue of beach theft.
Kathie Brooks, Assistant City Manager stated that administration will meet with police and
come back with some suggestions on how to reduce beach thefts.
DIRECTION: by Commissioner Tobin to have this item brought back to NCAC once a deal
has been negotiated with Boucher Brothers and bring back recommendations on whatwould
mitigate beach thefts.
6. Discussion Regarding The Use Of The Barclay Plaza Apartments As A Possible
Location For Workforce Housing.
Item C4A, March 11, 2015
(Requested by Community Services)
AFTERACTION
Maria Ruiz, Community Service Director presented the item.
Maria informed the committee that this property would require thousands of affordable
housing dollars to bring it back to code. However, the Barclay apartments would be an ideal
property for workforce housing that has different requirements from affordable housing. ln
order for this site to be developed, a private-public partnership will be sought.
MOTION: by Commissioner Grieco to move this item with positive recommendation to go
fonruard with an RFP.
Seconded by Commissioner Steinberg.
7. Monthly Crime Statistics Report.
Commission ltem R9D, April 13,2011
(Requested by Commissioner Tobin)
AFTERACTION
Mark Causey, Police Major presented the item.
Mark Causey stated that crime rates have gone down. He provided the committee with a
handout detailing the crime statistics report. During the month of March, license plate readers
are being utilized and alcohol confiscations have been happening on South Beach.
Commissioner Grieco suggested a crime mapping study.
Major Causey stated that this is in the works.
139
NO ACTION TAKEN.
8. Discussion On The Blueways Master Plan.
Item R7J, March 11,2015
(Requested by Parks and Recreation)
AFTERACTION
John Rebar and Rodney Knowles presented the item.
John Rebar explained that this master plan is a way to connect the community's waterways.
Rodney Knowles discussed this items background.
MOTION: by acclamation to move this item to Commission with positive recommendation for
formal adoption of the master plan.
9. Discussion Regarding The Future Use Of LED lltuminated Lights At Key Crosswalks.
Item C4F, March 11, 2015
(Req uested by Com missioner G rieco)
AFTERAGTION
Jose Gonzalez, transportation director presented the item.
Commissioner Grieco stated that he would like to see the same crosswalks that the Miami
lnternationalAirport has, especially on crosswalks that are not signalized.
Jose Gonzalez stated that administration has done research on these crosswalks and two
products have been identified that could be used.
Jose Gonzales stated that there are four intersections that these illuminated crosswalks will
be tested on. These intersections are listed under Attachment A.
MOTION: by acclamation to move this item forward to Commission with positive
recommendation.
MOTION: By Commissioner Grieco to adjourn the meeting at 3:40pm.
Seconded by Commissioner Tobin.
140
THIS PAGE INTENTIONALLY LEFT BLANK
141
A1 IAAAIBEACH
OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM
SUSTAINABILITY AND RESILIENCY COMMITTEE
Commissioner Michael Grieco, Chair
Commissioner Micky Steinberg, Vice-Chair
Commissioner Deede Weithorn, Member
Commissioner
FROM: Jimmy L. Mora
, Alternate
, city
DATE: April 8,2015
SUBJECT: MEETING E SUSTATNAB|L|TY AND RESILIENCY COMMTTTEE (SRC) ON
WEDNESDA 25,2015
in the Commission Chambers, 3'd Floor of City Hall. Commissioners in attendance: Commissioner
Michael Grieco, Commissioner Micky Steinberg, and Commissioner Deede Weithorn. Membersfrom
the administration and the public were also in attendance
The meeting was called to order at 5:03 PM
OtD BUS,,VESS
1. Mayor's Blue Ribbon on Flooding and Sea Rise Update
AFTER.ACTION
Bruce Mowry, City Engineer presented the item. He provided an update on the March 17,2015
Mayor's Blue Ribbon Panel.
David Martinez, Capital lmprovement Program Director gave an update on the on-going
construction projects related to flooding including Sunset lslands 3 & 4, Palm & Hibiscus lslands,
and Central Bayshore. He added that a community meeting willtake place on April 14 to update
the Sunset lslands' community on the projects in this neighborhood.
Commissioner Weithorn inquired about the possibility of providing residents with full plans and
information on future pump installations and how these structures and associated electrical
panels will look like.
Commissioner Grieco stated that he empathizes with resident's aesthetic concerns; howeverthe
stormwater infrastructure upgrades, including pumps are what will help keep properties in the City
insurable.
Commissioner Grieco inquired about protected bike lanes in West Avenue. Bruce Mowry
responded by stating that this option can be considered in areas where the right of way is wider.
We ore commttted to provtding excellent public service ond sofefV to oll who live, work, ond ploy in our vibronf, t'ropicol, histn,;- -^66,,^;^,
To request this material in accessible format, slgn language interpreters, information on access for persons with disabilities, "
Agenda ltem
review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice) or 305-673-721A (' Fra+ainitiate your request. TTY users may also call 711 (Florida Relay Service). Ltars
TO:
142
These could potentially be the first protected bike lanes in the county. A recommendation was
made to eliminate the parking on the west side of West Avenue in order to allow these lanes to
be installed.
MOTION: NO ACTION TAKEN
2. Sustainability Committee Update
AFTER.ACTION
Dave Doebler, Committee Chairman presented the item. He provided an update on the February
26, 201 5 Sustainability Committee meeting.
MOTION: NO ACTION TAKEN
3. Referral to consider alternative trash receptacles in high-traffic areas.
Commission ltem C4C, January 27, 2015
(Req uested by Commissioner G rieco)
MOTION: ltem was deferred.
4. Referral regarding sanitation street teams, schedules and overall approach to street litter
collection.
Commission ltem C4B, January 27,2015
(Req uested by Com missioner G rieco)
AFTER.ACTION
Al Zamora, Sanitation Director presented the item. He explained that the methodology that the
Sanitation Department follows ensures that litter and sanitation concerns are addressed in a
proper and timely manner. He added that the general approach to street cleaning should include
a pilot program that will allow for the alternating of street parking.
Commissioner Weithorn stated that tangible results should be considered when carrying out a
pilot program for alternate street parking including cost savings and traffic concerns. She added
that if the program is initiated a smaller area should be used.
Commissioner Steinberg expressed concerns on the potential negative feedbackfrom residents
that would be impacted by this program. Al Zamora added that if scheduled correctly, most
residents will not be at home and street parking will not be as in demand.
Commissioner Grieco added that there are ongoing concerns from the public that sanitation
employees are perceived to be loafing when taking their breaks. Al Zamora stated that
employees are allowed to take 15 minute breaks and that it is not feasible to have them return the
Sanitation Department building located at Terminal lsland for this purpose.
Commissioner Weithorn added that there should be a certain decorum followed by employees
that take their breaks and that certain conditions can be added when renegotiating union
contracts.
MOTION: NO ACTION TAKEN
143
,VEYYBUS"VESS
5. Referral regarding policies for maintaining alleys by adjacent businesses.
Commission ltem C4D, March 11, 2015
(Req uested by Com missioner G rieco)
AFTER.ACTION
Roberto Santos-Alborna, Assistant Code Compliance Director presented this item. He stated that
alleyways are inspected twice a day and that each officer conducts a minimum of one hour
sanitation inspections. He added that the alley ways are deteriorating due many factors including
aging infrastructure.
Commissioner Weithorn proposed revisiting the green alleys concept from previous City
meetings. Eric Carpenter stated that from an infrastructure perspective, the alleys are in poor
conditions and that there are programs in place to help resurface these areas. Once the
engineering portion is cared for, it will be easier to move forward with improving and maintaining
the alleys as a whole.
Robert Santos-Alborna added that code efforts are continuous when dealing with the alleys and
citations are issued when necessary. Code Officers also help educate property owners on proper
maintenance. Commissioner Steinberg stated that repeat offenders must be addressed through
higher citations.
MOTION: Staff to review the current fine schedule for sanitation related violations
including bio hazardous violations and make recommendations to increase the fine
schedule as a method to improve alleyway cleanliness.
Motion made by Commissioner Weithorn, seconded by Gommissioner Steinberg.
6. Referral regarding the Whoosh Smart Water Stations network proposal
Commission ltem C4G, March 11,2015
(Req uested by Com missioner G rieco)
MOTION: ltem was deferred.
7. Referral regarding the Blueways Master Plan
Commission ltem R7J, March 11,2015
(Req uested by Commissioner G rieco)
AFTER.ACTION;
John Rebar, Parks and Recreation Director presented the item. He stated that proposed plan
serves as a guideline for the final outcome.
Commissioner Weithorn stated that standards should be set from a sustainability standpoint for
areas such as planned vegetation and materials used within the parks. Rodney Knowles,
Greenspace Director responded that vegetation would be composed of native Florida plants that
are salt tolerant and do not require excessive maintenance.
Commissioner Grieco stated that additional details and standards should be added to the current
plan to avoid just having a conceptual design.
John Rebar added that he will move fonruard with adding a second phase to the current Blueways
144
Master Plan to address allthe concerns, including adding design standards.
MOTION: Continued to April 22,2015 by Acclamation.
Meeting adjourned 6:32 PM
d,--t
JM/JJ/EdW^rP
145
c7
RESOLUTIONS
146
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Authorizing The City Manager or his designee to apply for and accept four (4) grants.
Kev lntended Outcome Supported:
1) N/A; 2) Ensure comprehensive mobility addressing all modes throughoutthe City; 3) Ensure reliable
stormwater management and resiliency against flooding by implementing select short and long-term
solutions including addressing sea-level rise; 4) Revitalize key neighborhoods, starting with North
Beach and Ocean Drive.
Supporting Data: Community Satisfaction Survey: 1)and 2) N/A; 3) 11% of residents stated that
"Addressing flooding problems" would best improve the quali$ of life in Miami Beach; 4) When asked
"ls there any geographic area of Miami Beach that needs to be improved?" ,74o/o of residents responded
"North Beach".
Item Summary/Recommendation :
Approve and authorize the City Manager or his designee to take the following actions: 1) Submit a grant
application to the National Endowment for the Humanities for approximately $6,000 for the City's
Archival Photographs and records preservation; and retroactively for 2) Florida lnland Navigation
District for approximately $75,000 for the Maurice Gibb Park Dock and Launch project; 3) Florida lnland
Navigation District for approximately $420,000 for the lndian Creek Greenway and Seawall project; 4)
The Miami Foundation Public Space Challenge for funding for the beautification of city alleys; approving
and authorizing the appropriation of the above grants and funding requests, including any requisite
matching funds and city expenses; and further authorizing the City Manager or his designee, to take all
necessary steps and execute all necessary documents in connection with the aforestated grants and
fundi includinq, without limitation, applications, grant and fundi and audits.
Financial lnformation :
Grant Name/Project Approximate Match
AmounUSource
Financial lmpact Summary: N/A
National Endowment for the
Humanities/Archival P
Florida lnland Navigation
DistricUMaurice Gibb Dock and
Launch
$75,000 Funding will be
requested through the FY 15/16
Caoital Budoet Process.
Florida lnland Navigation
DistricUlndian Creek Seawall and
$420,000 Funding will be
requested through the FY 15/16
ital Budqet Process.
The Miami Foundation Public Space
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
c7AAGENDA ITEiTMIAMIBEACHDATE147
MIAMI BEACH
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City mrssron
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CIry
oF MrAMr BEACH, FLORTDA; APPROVTNG AND AUTHORTZTNG THE
CITY MANAGER OR HIS DESIGNEE TO TAKE THE FOLLOWING
AGTIONS: 1) SUBMIT A GRANT APPLICATION TO THE NATIONAL
ENDOWMENT FOR THE HUMANITIES FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $6,000 FOR THE CITY'S ARCHIVAL
PHOTOGRAPHS AND RECORDS PRESERVATION PROGRAM; AND
RETROACTIVELY FOR: 2) SUBMITTAL OF A GRANT APPLICATION TO
FLORIDA INLAND NAVIGATION DISTRICT, IN THE APPROXIMATE
AMOUNT OF $75,000, FOR A NON.MOTORIZED VESSEL
DOCK/LAUNCH AT MAURTCE GIBB PARK, AND 3) SUBMITTAL OF A
GRANT APPLICATION TO FLORIDA INLAND NAVIGATION DISTRICT
FOR FUNDING IN THE APPROXIMATE AMOUNT OF $42O,OOO FOR THE
PUBLICLY OWNED PORTIONS OF THE INDIAN CREEK SEAWALL
FRoM 26rH To 41sr STREET; a) SUBM|TTAL oF AN AppLtcATtoN FoR
FUNDING IN THE APPROXIMATE AMOUNT OF $15,OOO TO THE MIAMI
FOUNDATION, PUBLIC SPACE CHALLENGE FOR FUNDING TO
ENHANCE ALLEYS IN THE NORTH BEACH AREA; APPROVING AND
AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS AND
FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS
AND CIry EXPENSES; AND FURTHER AUTHORIZING THE CITY
MANAGER OR HlS DESIGNEE TO TAKE ALL NECESSARY STEPS AND
EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING,
WITHOUT LIMITATION, APPLICATIONS, GRANT AND FUNDING
AGREEMENTS AND AUDITS
ADMINISTRATION REGOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Application to the National Endowment for the Humanities for fundino in the
approximate amount of $6.000 for the Citv's Archival Photoqraphs and
Records Preservation Proqram
148
Commission Memorandum
Page 2
The National Endowment for the Humanities, Division of Preservation and Access,
provides funding, through the Preservation Assistance Grants for Smaller lnstitutions
program, to help small and mid-sized institutions to improve their ability to preserve and
care for their humanities collections. These collections can include archives,
manuscripts, prints, photographs, moving images and sound recordings. The City of
Miami Beach has many significant and historic historical records, photographs and
documents under the care of the City Clerk's Office. The City Clerk's Office is currently
working with Florida lnternatlonal University to digitize, catalogue and upload 10,000
images to an archival database. The Administration intends to apply for funding to
procure necessary equipment for the archival project.
This maximum available under this grant is $6,000, and the funding agency does not
require matching funds.
2. Retroactive approval for the submittal of an application to Florida lnland
Naviqation District, in the approximate amount of $75,000, for a Non-
Motorized Vessel Dock/Launch at Maurice Gibb Park.
Over the past 26 years, Florida lnland Navigation District (FIND) has provided a total of
over $179 million in funding assistance to local governments through the Waterways
Assistance Program. FIND provides funding for improvement projects directly related to
the watenrvays, such as public navigatlon, public watenray access facilities, public
recreation, environmental education and boating safety. Accordingly, the Administration
has submitted an application to Florida lnland Navigation District for the construction of a
non-motorized vessel dock/launch at the west end of Maurice Gibb Park. The Kayak
non-motorized vessel dock/launch will be ADA compliant, to allow safe and easy access
in and out of the water.
FIND requires that the City Commission approve a Resolution certifying that the City will
accept the terms and conditions in the FIND Rule, including maintaining the project for
public use. A copy of the Resolution is attached to this agenda item (Exhibit 1).
The cost of this project is estimated at $150,000 and the City has submitted an
application for FIND funding in the amount of $75,000. Matching funds will be requested
through the FY 15116 capital budget process. This project supports the key intended
outcome to ensure reliable stormwater management and resiliency against flooding by
implementing select short and longterm solutions including addressing sea-level rise.
The lndian Creek seawall from 26th to 41't Street is along approximately one mile of the
lndian Creek Watenrvay with Lake Pancoast to the south and the 41st Street Bridge to the
north. The seawall has been rated as "Serious" condition.
The City has submitted an application for funding for the design portion of this project, in
the approximate amount of $420,000. The phase 1, design portion will include seawall
design, greenway design and permitting and is estimated to cost $840,000; matching
funds in the amount of $420,000, and the balance of funding to complete this project will
be requested the FY 2015/16 capital budget process. The Administration anticipates
149
Commission Memorandum
Page 3
applying to FIND for construction funding in next year's application cycle. lndian Creek
seawall is comprised of both publicly and privately owned seawalls; FIND funding will be
used for the publicly owned portions only. FIND requires that the City Commission
approve a Resolution certifying that it will accept the terms and conditions in the FIND
Rule, including maintaining the project for public use. A copy of the Resolution is
attached to this agenda item (Exhibit 1). This project supports the key intended outcome
to ensure reliable stormwater management and resiliency against flooding by
implementing select short and long-term solutions including addressing sea-level rise.
4. Retroactive approval for the submittal of an application for fundinq in the
approximate amount of $15.000 to The Miami Foundation's Public Space
Challenqe for fundinq to enhance allevs in the North Beach area
The Miami Foundation's Public Space Challenge uncovers the best ideas for creating,
improving and activating parks, plazas and local gathering places. Together with Health
Foundation of South Florida and Baptist Health South Florida, they have invested over
$300,000 in the program.
The Administration has submitted a request for funding to improve alleyways in the
North Beach area. lf selected, thefinalistswill be announced in lateApril 2015, and at
that time, the finalists will be required to provide a budget and additional details on the
proposal. Matching funds are not required, and this project supports the key intended
outcome to revitalize key neighborhoods, starting with North Beach and Ocean Drive.
Gonclusion
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
Approving and Authorizing the City Manager or his Designee to take the following
actions: 1) Submit an application to the National Endowment for the Humanities for
funding in the approximate amount of $6,000 for the City's Archival Photographs and
Records Preservation Program; and retroactively for2) Submittal of a grant application
to Florida lnland Navigation District, in the approximate amount of $75,000, for a non-
motorized vessel dock/launch at Maurice Gibb Park, and 3) Submittal of a grant
application to Florida lnland Navigation District for funding in the approximate amount of
$42O,OOO for the publicly owned portions of the lndian Creek Seawall from 26th to 41't
street; 4) Submittal of an application for funding in the approximate amount of $15,000 to
The Miami Foundation, Public Space challenge for funding to enhance alleys in the
North Beach Area; approving and authorizing the appropriation of the above grants and
funding requests, including any requisite matching funds and city expenses; and further
authorizing the City Manager or his designee to take all necessary steps and execute all
necessary documents in connection with the aforestated grants and funding requests,
including, without limitation, applications, grant and funding agreements and audits.
JLM/JWJMH
T:\AG E N DA\20 1 S\April\Grants Memo. docx
150
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER, OR HlS
DESIGNEE, TO TAKE THE FOLLOWING AGTIONS: 1) SUBMIT AN APPLICATION TO
THE NATIONAL ENDOWMENT FOR THE HUMANITIES FOR FUNDING IN THE
APPROXIMATE AMOUNT OF $6,000 FOR THE CITY'S ARCHIVAL PHOTOGRAPHS
AND RECORDS PRESERVATION PROGRAM; AND TO RETROAGTIVELY APPROVE
THE FOLLOWING: 2) THE SUBMITTAL OF A GRANT APPLICATION TO FLORIDA
INLAND NAVIGATION DISTRICT, !N THE APPROXIMATE AMOUNT OF $75,000, FOR
A NON-MOTORIZED VESSEL DOCK/LAUNCH AT MAURICE GIBB PARK; 3) THE
SUBMITTAL OF A GRANT APPLICATION TO FLORIDA INLAND NAVIGATION
DISTRICT FOR FUNDING IN THE APPROXIMATE AMOUNT OF $42O,OOO FOR THE
PUBLICLY OWNED PORTIONS OF THE INDIAN CREEK SEAWALL FROM 26TH TO
41sr STREET; a) THE SUBMITTAL oF AN AppLtcATloN FoR FUNDING tN THE
APPROXIMATE AMOUNT OF $15,OOO TO THE MIAMI FOUNDATION, PUBLIC SPACE
CHALLENGE FOR FUNDING TO ENHANCE ALLEYS IN THE NORTH BEACH AREA;
APPROVING AND AUTHORIZING THE APPROPRIATION OF THE ABOVE GRANTS
AND FUNDING REQUESTS, INCLUDING ANY REQUISITE MATCHING FUNDS AND
CITY EXPENSES; APPROVING THE RESOLUTIONS FOR ASSISTANCE UNDER THE
FLORIDA INLAND NAVIGATION DISTRICT WATERWAYS ASSISTANCE PROGRAM
ATTACHED HERETO AS EXHIBITS I AND 2; AND FURTHER AUTHORIZING THE
CITY MANAGER, OR HIS DESIGNEE, TO TAKE ALL NEGESSARY STEPS AND TO
EXECUTE ALL NECESSARY DOCUMENTS IN CONNECTION WITH THE
AFORESTATED GRANTS AND FUNDING REQUESTS, INCLUDING, WITHOUT
LIMITATION, APPLICATIONS, GRANT, AND FUND!NG AGREEMENTS AND AUD!TS.
WHEREAS, the City Administration requests approval to submit an application to the
National Endowment for the Humanities for funding in the approximate amount of $6,000 for the
City's Archival Photographs and Records Preservation Program, the details of which are as
follows:
. The National Endowment for the Humanities, division of Preservation and Access,
provides funding through the Preservation Assistance Grants for Smaller lnstitutions
program to help small and mid-sized institutions improve their ability to preserve and
care for their humanities collections;
. These collections can include archives, manuscripts, prints, photographs, moving
images and sound recordings;
. The City of Miami Beach has many significant and historic historical records
photographs and documents under the care of the City Clerk's Office. The City Clerk's
Office is currently working with Florida lnternational University to digitize, catalogue, and
upload 10,000 images to an archival database;
151
The Administration intends to apply for funding to procure necessary equipment for the
archival project;
The maximum available under this grant is $6,000 and the funding agency does not
require matching funds; and
WHEREAS, the City Administration requests retroactive approval for the submittal of an
application to Florida lnland Navigation District, in the approximate amount of $75,000, for a
Non-Motorized Vessel DocUlaunch at Maurice Gibb Park, the details of which are as follows:
o Over the past 26 years, Florida lnland Navigation District (FIND) has provided a total of
over $179 million in funding assistance to local governments through the Watenruays
Assistance Program;
. FIND provides funding for improvement projects directly related to the waterways, such
as public navigation, public waterway access facilities, public recreation, environmental
education and boating safety;
o Accordingly, the Administration has submitted an application to Florida lnland Navigation
District for the construction of a non-motorized vessel docUlaunch at the west end of
Maurice Gibb Park. The Kayak non-motorized vessel dock/launch will be ADA
compliant, to allow safe and easy access in and out of the water;
. FIND requires that the City Commission approve a Resolution certifying that it will accept
the terms and conditions in the FIND Rule, including maintaining the project for public
use. A copy of the Resolution is attached to this agenda item (Exhibit 1);
o The cost of this project is estimated at $150,000 and the City has submitted an
application for FIND funding in the amount of $75,000. Matching funds will be requested
through the FY 15116 capital budget process. This project supports the key intended
outcome to ensure reliable stormwater management and resiliency against flooding by
implementing select short and longterm solutions including addressing sea-level rise;
and
WHEREAS, the City Administration requests retroactive approval to submit an application
to Florida lnland Navigation District for funding in the approximate amount of $420,000 for the
publicly owned portions of the lndian Creek Seawall from 26th to 41't Street, the details of which
are as follows:
r The lndian Creek seawall from 26th to 41't Street is along approximately one mile of the
lndian Creek Watenray with Lake Pancoast to the south and the 41't Street Bridge to the
north. The seawall has been rated as "Serious" condition;
152
The City has submitted an application for funding for the design portion of this project, in
the approximate amount of $420,000. The phase 1 design portion will include seawall
design, greenway design, and permitting and is estimated to cost $840,000; matching
funds in the amount of $420,000, and the balance of funding to complete this project, will
be requested the FY 2015/16 capital budget process. The Administration anticipates
applying to FIND for construction funding in next year's application cycle. lndian Creek
seawall is comprised of both publicly and privately owned seawalls; FIND funding will be
used for the publicly owned portions only;
FIND requires that the City Commission approve a Resolution certifying that it will accept
the terms and conditions in the FIND Rule, including maintaining the project for public
use. A copy of the Resolution is attached to this agenda item (Exhibit 2). This project
supports the key intended outcome to ensure reliable stormwater management and
resiliency against flooding by implementing select short and long-term solutions
including addressing sea-level rise; and
WHEREAS, the City Administration requests retroactive approval for the submittal of an
application forfunding in the approximate amount of $15,000 to The Miami Foundation Public
Space Challenge for funding to enhance alleys in the North Beach area, the details of which are
as follows:
The Miami Foundation's Public Space Challenge uncovers the best ideas for creating,
improving and activating parks, plazas, and local gathering places. Together with Health
Foundation of South Florida and Baptist Health South Florida, they have invested over
$300,000 to make the top ideas a reality;
The Administration has submitted a request for funding to improve alleyways in the
North Beach area. lf selected, the finalists will be announced in late April, and at that
time, the finalists will be required to provide a budget and additional details on the
proposal. Matching funds are not required, and this project supports the key intended
outcome to revitalize key neighborhoods, starting with North Beach and Ocean Drive.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH that the Mayor and City Commission hereby approve and
authorize the City Manager, or his designee, to take the following actions: 1) submit an
application to the National Endowment for the Humanities for funding in the approximate
amount of $6,000 for the City's Archival Photographs and Records Preservation Program; and
to retroactively approve the following: 2) submit a grant application to Florida lnland Navigation
District, in the approximate amount of $75,000, for a non-motorized vessel docUlaunch at
Maurice Gibb Park; 3) submit a grant application to Florida lnland Navigation District for
funding in the approximate amount of $420,000 for the publicly owned portions of the lndian
Creek Seawall from 26th to 41't street; and 4) submit an application for funding in the
approximate amount of $15,000 to The Miami Foundation, Public Space challenge for funding to
enhance alleys in the North Beach Area; approve and authorize the appropriation of the above
grants and funding requests, including any requisite matching funds and city expenses; approve
the Resolutions for Assistance under the Florida lnland Navigation District Waterways
Assistance Program attached hereto as Exhibits 1 and 2; and further authorize the City
153
Manager, or his designee, to take all necessary steps and execute all necessary documents in
connection with the aforestated grants and funding requests, including, without limitation,
applications, grant and funding agreements and audits.
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\April\Grants Reso.docx
APPROVED AS TO
FdilM'& GNeunoE;tffr:)(ul 6
-
Dote
154
Exhibit I
ATTACHMENT E-6
RESOLUTION FOR ASSISTANCE 2015
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS, THE City of MiamiBeach is interested in carrying out the
(Name of Agency)
following described
and the State of Flor
project for the enjoyment of the citizenry of city of Miami Beach
Project Title
ida:
Maurice Gibb Memorial Park DocUlaunch Project
Total Estimated Cost g 150,000
Brief Description of Project:
The City of Miami Beach will construct a floating dock for non-motorized marine vessels at
Maurice Gibb Memorial Park located at 18th Street and Purdy Avenue (east of the
lntra-coastal Waterway).
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
Now THEREFoRE, be it resolved by the city of Miami Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said city of Miami Beach
(Name of Agency)
make application to the Florida Inland Navigation District in the amount of 50 %o of the
actual cost ofthe project in behalfofsaid City of Miami Beach
(Name of Agency)
AND, be it funher resolved by the City of Miami Beach
(Name ofAgency)
that it certifies to the following:
l. That it will accept the terms and conditions set forth in FIND Rule 668-2
F.A.C. and which will be a part of the Project Agreernent for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(l)
Form No. 90-21 (Effective date 12-17-90, Rev. l0-14-92)
155
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Miami Beach for public use.
(Name ofAgency)
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964,P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses
incurred on the project prior to, or in conjunction with, request for the final l0% of the
funding agreed to by FND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by gr" Mayor and City commission of the City of Miami B at a legal meeting
held on this 15th day of APril ,lE
2A',u
Attest Signature
City Clerk Mayor
Title Title
APPROVED AS TO
FORM & I.ANGUAGE(2)
Form No. 90-21 (Effective date 12-77-90, Rev. 10-14-92)
156
Exhibit 2
ATTACHMENT E-6
RESOLUTION FOR ASSISTANCE 2015
UNDER THE FLORIDA INLAND NAVIGATION DISTRICT
WATERWAYS ASSISTANCE PROGRAM
WHEREAS,THE City of Miami Beach is interested in carrying out the
(Name of Agency)
following described project for the enjoyment of the citizenry og Miami Beach
and the State of Florida:
Project Title lndian Creek Shoreline lmprovements and Greenway
Total Estimated Cost g 84o,ooo
Brief Description of Project:
To create a mile-long greenway along a new seawall for public use. Cunently, there is no
continuous public walkway along the lndian Creek Waterway. The project is intended to
provide public access along the entire section of the lndian Creek Waterway from 24th Street
to the 41st Street Bridge.
AND, Florida Inland Navigation District financial assistance is required for the program
mentioned above,
Now THEREFoRE, be it resolved by the city of Miami Beach
(Name of Agency)
that the project described above be authorized,
AND, be it further resolved that said city of Miami Beach
(Name of Agency)
make apptication to the Florida Inland Navigation District in the amount of 50 % of the
actual cost ofthe project in behalfofsaid City of Miami Beach
(Name of Agency)
AND, be it further resolved by the City of Miami Beach
(Name of Agency)
that it certifies to the following:
l. That it will accept the terms and conditions set forth in FIND Rule 66B-2
F.A.C. and which will be a part of the Project Agreement for any assistance awarded under
the attached proposal.
2. That it is in complete accord with the attached proposal and that it will carry out
the Program in the manner described in the proposal and any plans and specifications attached
thereto unless prior approval for any change has been received from the District.
(l)
Form No. 90-21 (Effective date 12-17'90,Rev. 10-14-92)
157
3. That it has the ability and intention to finance its share of the cost of the project
and that the project will be operated and maintained at the expense of said
City of Miami Beach for public use.
(I'{ame o.f Agency)
4. That it will not discriminate against any person on the basis of race, color or
national origin in the use of any property or facility acquired or developed pursuant to this
proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of
1964, P. L. 88-352 (1964) and design and construct all facilities to comply fully with statutes
relating to accessibility by persons with disabilities as well as other federal, state and local
laws, rules and requirements.
5. That it will maintain adequate financial records on the proposed project to
substantiate claims for reimbursement.
6. That it will make available to FIND if requested, a post-audit of expenses
incurredontheprojectpriorto,orinconjunctionwith,requestforthefinal l0%ofthe
funding agreed to by FIND.
This is to certify that the foregoing is a true and correct copy of a resolution duly and
legally adopted by the City of Miami Beach Commission at a legal meeting
held on this 15 day of APril 20 15
Attest Signature
City Clerk Mayor
Title Title
APPROVED AS TO
FORM & LANGUAGE(2)
Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92)
158
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO PURCHASE ADDITIONAL CONDUCTED ELECTRONIC WEAPONSAND OTHER ACCESSORTES (THE *EQUIPMENT") FROM TASER
INTERNATIONAL, ING. IN THE TOTAL AMOUNT OF $499,309.76, PREVIOUSLY
APPROVED AS A SOLE SOURGE PURCHASE PURSUANT TO RESOLUTTON
2014.28726, AND AUTHORIZING THE CITY ADMINISTRATION TO NEGOTTATE
AN AGREEMENT WITH TASER INTERNATIONAL, INC., FOR THE PURCHASE
OF THE EQUIPMENT; AND FURTHER AUTHORIZING THE CITY MANAGER TO
EXECUTE THAT AGREEMENT WITH TASER INTERNATIONAL WHICH SHALL
DEFER PAYMENT OF THE EQUIPMENT OVER A FIVE (5) YEAR PERIOD, UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS.
COMMISSION ITEM SUMMARY
This matter was previously brought to the Commission, in January 2015, and unanimously
approved as a Consent ltem. However, a new financing arrangement has since been identified
and secured, requiring the Commission's approval.
It is crucially important that officers have access to tools that protect them in the course of their
duties. Another equally critical element includes safeguarding the health and safety of those we
serve, including those we have to arrest or detain. The new Taser technology will provide an
appropriate balance to protect both the officer and the community from unexpected tragedy or
unintended consequences.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami Beach,
Florida approve the Ci$ Manage/s recommendation to purchase additional conducted electronic
from Taser lnternational lnc. (previously approved as a sole source purchase pursuant to
Resolution No. 201 4-28726\.
Source of
Funds:
oB@
Amount Account
1 $499,309.76 Subject to budget appropriation.
Total $499,309.76
Financial lmpact Summary:
The financing program will allow the Miami Beach Police Department to outfit its patrol officers
with new ECWs through SunTrust Equipment Finance and Leasing Corp. ("STEFL"). After the
initial down payment of $187,000, the financing at 67% of the 6 month LIPOR rate plus 74 basis
points, which is currently al1.77Yo, will occur over a five (5) year period.
AGENDA nEn CTA
lnsist on Police and Skilled Ma
Financial lnformation :
n-Offs:
Department Director Assistant City Manager Gjty Manager
DJO PJO 4h5 ln duM
MIAMIBEACH alrra ?49t{159
City of Miomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch. Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members of the City Cqpmission
Jimmy L. Morates, city Manaser /t/ /U
April 1s,2015
- /' / '7
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO PURCHASE
ADDITIONAL CONDUCTED ELECTRONIG WEAPONS AND OTHER
ACCESSORIES (THE "EQUIPMENT") FROM TASER
INTERNATIONAL, INC. IN THE TOTAL AMOUNT OF $499,309.76,
PREVIOUSLY APPROVED AS A SOLE SOURCE PURCHASE
PURSUANT TO RESOLUTION 2014.28726, AND AUTHORIZING
THE CITY ADMINISTRATION TO NEGOTIATE AN AGREEMENT
WITH TASER INTERNATIONAL, !NC., FOR THE PURCHASE OF
THE EQUIPMENT; AND FURTHER AUTHORIZING THE CITY
MANAGER TO EXECUTE THAT AGREEMENT WITH TASER
INTERNATIONAL WHICH SHALL DEFER PAYMENT OF THE
EQUIPMENT OVER A FIVE (5) YEAR pERtOD, UPON CONCLUSION
OF SUCGESSFUL NEGOTIATIONS
ADMINISTRATION RECOMMEN DATION
Adopt the Resolution
ANALYSIS
Since 2003, the Miami Beach Police Department has utilized the Taser weapons
system as one tool in use of force encounters. There is ample research to
support the effectiveness of this technology in reducing injuries and deaths to
police officers and citizens. The Taser has become a very effective device to
gain compliance when force is necessary to physically detain a subject.
The model originally purchased by the Department, the Taser X-26 Electronic
Control Weapon (ECW), has reached the end of its service life and as of
December 31,2014, Taser lnternational will no longer manufacture or maintain
it. ln preparation, two years ago the department began a transition phase to a
new Taser Smart-weapon, the X-2, and has been pleased with the product.
The X-2 ECW is a significant upgrade from the Taser X-26 in both technology
and safety. This is a critically important factor from the perspective of community
160
relations and public perception. ln this same spirit, the new model now includes a
variety of features that will aid in the Department's ability to deploy a more
effective, less lethal weapon. ln short, the X-2 model contains the latest
technology in ECWs and uses less energy to produce the same neuromuscular
incapacitation.
The cost of upgrading and outfitting all patrol officers with the new unit presents
some fiscal challenges. However, in late 2014, Taser lnternational began a
program that allows agencies to upgrade from the X-26 through a specific
financing agreement. By using funding that is currently budgeted as a down
payment, the Department can replace all ECW's immediately.
This matter was previously brought to the Commission, in January 2015, and
unanimously approved as a Consent ltem. However, a new financing
arrangement has since been identified and secured, requiring the Commission's
approval.
The financing program will allow the Miami Beach Police Department to outfit its
patrol officers with new ECWs through SunTrust Equipment Finance and
Leasing Corp. ("STEFL"). After the initial down payment of $187,000, the
financing at 67% of the 6 month LIPOR rate plus 74 basis points, which is
currently at 1.77o/o, will occur over a five (5) year period.
The Department will need a total of 345 ECW's to fully equip all sworn
personnel, including Reserve Officers. This will also provide for a small inventory
of ECW's as spares and replacements when units require service. lt should also
be noted that the financing agreement, as proposed by Taser, would replace all
55 of our previously purchased blackX-2 ECWs and all new X-2s purchases with
the yellow-colored version, allowing immediate identification of the device as an
ECW and not a firearm.
Essentially for the cost of slightly more than what is normally budget annually for
Taser maintenance, the Department can replace all existing Taser X-26s with a
newer, safer product. The only additional cost is that of replacement batteries
and cartridges for the ECWs.
CONCLUSION
As a police department, it is crucially important that officers have access to tools
that protect them in the course of their duties. However, another equally critical
element includes safeguarding the health and safety of those we serve, including
those we have to arrest or detain. lt is my belief that the deployment of the new
Taser technology will provide an appropriate balance to protect both the officer and
the community from unexpected tragedy or unintended consequences.
9SO
JLM:DJO:wrg
161
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE CITY MANAGER TO PURGHASE
ADDITIONAL CONDUCTED ELECTRONIC WEAPONS AND OTHER
ACCESSORTES (THE "EQUIPMENT") FROM TASER
INTERNATIONAL, INC. IN THE TOTAL AMOUNT OF $499,309.76,
PREVIOUSLY APPROVED AS A SOLE SOURCE PURCHASE
PURSUANT TO RESOLUTION NO. 2014-28726, AND FURTHER
AUTHORIZING THE CIry TO DEFER PAYMENT OF THE EQUIPMENT
OVER A FIVE (5) YEAR PERIOD THROUGH SUNTRUST EQUIPMENT
FINANGE AND LEASING CORP., AND REPEALING CITY OF MIAMI
BEACH RESOLUTION NO. 2015.28900 THAT AUTHORIZED THE
PURCHASE OF THE EQUIPMENT ON JANUARY 14, 2015.
WHEREAS, Section 2-367(d) of the Miami Beach Code authorizes the City Commission
to negotiate contracts for the purchase of goods and/or services in those circumstances where
one source for the products or service is evident; and
WHEREAS, TASER brand products, which includes the Taser X-2 Conducted Electrical
Weapons (CEWs) and all department-issued accessories (extended warranties, battery packs,
holsters, cartridges, etc.) (hereinafter identified as "the Equipment"), is manufactured and solely
distributed by Taser lnternational lnc.; and
WHEREAS, on September 10, 2014, the City Commission approved Resolution No.
2014-28726 that recognized Taser lnternational, lnc. as the sole source and only authorized
distributor of TASER brand products; and
WHEREAS, the Police Department requires the purchase of the Equipment from Taser
lnternational, lnc., in the total amount of $499,309.76, which will serve to provide the Police
Department with CEWs that are a significant upgrade in technology; and
WHEREAS, Taser lnternational, lnc. implemented a program that allowed Law
Enforcement agencies to immediately upgrade their existing CEWs X-26 to the technologically
advanced X-2 model, and these law enforcement agencies had the ability to defer the costs for
the CEWs over a five (5) year period of time; and
WHEREAS, on January 14,2015, the City Commission approved Resolution No.2015-
28900 that authorized the Police Department to purchase the CEWs, but omitted the actual
purchase amount for the Equipment and the entity that would have financed this expenditure;
and
WHEREAS, the financing program will allow the Miami Beach Police Department to
outfit its patrol officers with new CEWs, and allow the City to finance this equipment through
SunTrust Equipment Finance and Leasing Corp. ("STEFL") over a five (5) year period; and
162
WHEREAS, the repealing of Resolution No. 2015-28900 will be effective immediately
upon passage by the Mayor and City Commission of this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accepting the
recommendation of the City Manager to purchase additional conducted electronic weapons and
other accessories (the "Equipment") from Taser lnternational, lnc. in the total amount of
$499,309.76, previously approved as a sole source purchase pursuant to Resolution No. 2014-
28726, and further authorizing the City to defer payment of the Equipment over a five (5) year
period through SunTrust Equipment Finance and Leasing Corp., and repealing City of Miami
Beach Resolution No.2015-28900 that authorized the purchase of the Equipment on January
14,2015.
PASSED AND ADOPTED THIS
-
DAY OF ,2015.
ATTEST:
Mayor Philip Levine
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
&
163
THIS PAGE INTENTIONALLY LEFT BLANK
164
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing The Miami Beach Chief Of Police To Execute A Multi-Agency Minor Vice Task Force
Memorandum Of Understanding Between The Miami Beach Police Department And The Federal Bureau Of
lnvestigations (FBl) For The Child Exploitation Task Force That Will lnvestigate Those Violations Of Federal Law
Committed Against Children, And That Which Seeks To Address Crimes Of Child Prostitution, Aggravated Sexual
Abuse, Or The Exploitation Of Children, And For These Violent Offenders To Be Prosecuted ln Both Federal
Court And State Court.
lntended Outcome Su
Maintain crime rates at or below national trends
Supporting Data (Surveys, Environmental Scan, etc.): According to the Center For Research and
)ublic Policy, and Business Residential Satisfaction Survey of City of Miami Beach residents in 2009,
ndicated that their three top most important areas of for the City of Miami Beach to address in an effort to
mprove public safety throughout the City is Preventing Crime 44.9o/o, Enforcing Traffic Laws 36.1% and
ncreasino Visibilitv of Police in Neiohborhoods 32.4o/o.
lssue:
Shall the Commission adopt this Resolution?
Item Summarv/Recommendation :
The Minor Vice Child Exploitation Task Force will be responsible for the investigation of violent crimes committed
against children and will enhance the effectiveness of Federal, State and Local Law Enforcement resources in
order to convict and incarcerate dangerous offenders committing these violent acts against children. The task
force will provide for the designated oversight of those investigations involving violent crimes against children,
and will delineate the responsibilities of the Task Force participants in order to maximize inter-agency cooperation
in identifying and prosecuting those offenders.
The City of Miami Beach seeks to protect children from becoming victims of these violent crimes, and the Miami
Beach Police Department seeks to assign those detective(s), to liaison with other law enforcement agencies of
the Task Force in identifying, locating and apprehending individuals who commit these crimes against children in
the City of Miami Beach and South Florida. The Task Force is a great benefit to the Miami Beach Police
Department because of the increased investigative resources of the participating law enforcement agencies, and
thereby improves the effectiveness of the Miami Beach Police Department law enforcement resources
surrounding the investigation of these crimes.; and
The Miami Beach Police Department wishes to execute the Memorandum of Understanding for the Task Force,
commencing upon the signature of the Miami Beach Police Department Chief of Police, and shall remain in full
force until terminated by the parties or upon Miami Beach Police Department withdrawing from the Task Force.
NA
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
NA
islative Tracki
DepartmentDirector -,Assistant City Manager City Manager
DanielJ. Oates, Chief#
Miami Beach Police Dadt.ff
MIAMIBEACH rcXoe nEM C7L
DA;; q-8"7(165
MIAMIBEACH
Cify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2015
SUBJECT: A RESOLUTION AUTHORIZING THE BEACH CHIEF OF POLICE TO EXECUTE
A MULTI.AGENCY MINORVICE TASK FORCE MEMORANDUM OF UNDERSTANDING
BETWEEN THE MIAMIBEACH POLICE DEPARTMENTANDTHE FEDERAL BUREAU
oF TNVESTIGATION (FB!) FORTHE CHTLD EXPLOITATTON TASK FORCE THATWILL
INVESTIGATE THOSE VIOLATIONS OF FEDERAL LAW COMMITTEED AGAINST
CHILDREN, AND THAT WHICH SEEKS TO ADDRESS CRIMES OF CHILD
PROSTITUTION, AGGRAVATED SEXUAL ABUSE, OR THE EXPLOITATION OF
CHILDREN, AND FOR THESE VIOLENT OFFENDERS TO BE PROSECUTED IN BOTH
FEDRAL COURT AND STATE COURT.
ADM INISTRATION RECOMMENDATION
Approve the Resolution.
ANALYSIS
The Minor Vice Child Exploitation Task Force will be responsible for the investigation of
violent crimes committed against children and will enhance the effectiveness of Federal,
State and Local Law Enforcement resources in order to convict and incarcerate dangerous
offenders committing these violent acts against children. The task force will provide for the
designated oversight of those investigations involving violent crimes against children, and
will delineate the responsibilities of the Task Force participants in order to maximize inter-
agency cooperation in identifying and prosecuting those offenders.
The City of Miami Beach seeks to protect children from becoming victims of these violent
crimes, and the Miami Beach Police Department seeks to assign those detective(s), to
liaison with other law enforcement agencies of the Task Force in identifying, locating and
apprehending individuals who commit these crimes against children in the City of Miami
Beach and South Florida. The Task Force is a great benefit to the Miami Beach Police
Department because of the increased investigative resources of the participating law
enforcement agencies, and thereby improves the effectiveness of the Miami Beach Police
Department law enforcement resources surrounding the investigation of these crimes.; and
The Miami Beach Police Department wishes to execute the Memorandum of Understanding
for the Task Force, commencing upon the signature of the Miami Beach Police Department
Chief of Police, and shall remain in full force untilterminated by the parties or upon Miami
Beach Police Department withdrawing from the Task Force.
166
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MIAM!
BEACH CHIEF OF POLICE TO EXECUTE A MULT!.AGENCY MINOR
VICE TASK FORCE MEMORANDUM OF UNDERSTANDING
BETWEEN THE MIAMI BEACH POLICE DEPARTMENT AND THE
FEDERAL BUREAU OF TNVESTTGATIONS (FB!) FOR THE cHtLD
EXPLOITATION TASK FORCE THAT WILL INVESTIGATE THOSE
VIOLATIONS OF FEDERAL LAW COMMITTED AGAINST CHILDREN,
AND THAT WHICH SEEKS TO ADDRESS CRIMES OF CHILD
PROSTITUTION, AGGRAVATED SEXUAL ABUSE, OR THE
EXPLOITATION OF CHILDREN, AND FOR THESE VIOLENT
OFFENDERS TO BE PROSECUTED IN BOTH FEDERAL COURT AND
STATE COURT.
WHEREAS, the Minor Vice Child Exploitation Task Force will be responsible for the
investigation of violent crimes committed against children, and will enhance the effectiveness of
Federal, State and Local Law Enforcement resources in order to convict and incarcerate
dangerous offenders committing these violent crimes against children; and
WHEREAS, the Task Force will provide for the designated oversight of those
investigations involving violent crimes against children, and will delineate the responsibilities of
the Task Force participants in order to maximize inter-agency cooperation in identifying and
prosecuting those offenders; and
WHEREAS, the City of Miami Beach seeks to protect children from becoming victims of
these violent crimes, and the Miami Beach Police Department seeks to assign those
detective(s), to liaison with other law enforcement agencies of the Task Force in identifying,
locating and apprehending individuals who commit these crimes against children in the City of
Miami Beach and South Florida; and
WHEREAS, the Task Force is a great benefit to the Miami Beach Police Department
because of the increased investigative resources of the participating law enforcement agencies,
and thereby improves the effectiveness of the Miami Beach Police Department law enforcement
resources surrounding the investigation of these crimes; and
WHEREAS, the Miami Beach Police Department wishes to execute the Memorandum of
Understanding for the Task Force, commencing upon the signature of the Miami Beach Police
Department Chief of Police, and shall remain in full force until terminated by the parties or upon
Miami Beach Police Department withdrawing from the Task Force.
167
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, authorizing the Miami Beach
Chief of Police to execute a Multi-Agency Minor Vice Task Force Memorandum of
Understanding between the Miami Beach Police Department and the Federal Bureau of
lnvestigation (FBl) for the Child Exploitation Task Force that will investigate those violations of
federal law committed against children, and that which seeks to address crimes of child
prostitution, aggravated sexual abuse, or the exploitation of children, and for these violent
offenders to be prosecuted in both Federal court and State court.
PASSED and ADOPTED this day of April, 2015.
ATTEST BY:
MAYOR PHILIP LEVINE
RALPH E. GRANADO, CITY CLERK
APPROVED AS TO
FOR}/I & LANGUAGE
-z- t5
Date
& FOR EXECUTION
Q 0,-,; 1
168
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFO) NO. 2015-016-YG, FOR ARCHTTECTURAL AND ENGTNEERTNG
DESIGN SERVICES FOR THE ALTOS DEL MAR PARK PROJECT.
Revitalize Kev Nei Startinq With North Beach And Ocean Drive
Supporting Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation :
The Administration issued RFQ 201 5-016-YG to seek the proposals from a qualified consultant to
provide architectural and engineering design services forthe Altos del Mar Park Project. The RFQ
was approved for issuance by the City Commission on November 19, 2014. The RFQ was
released on November 20, 2014. A pre-proposal conference to provide information to the
proposers submitting a response was held on December 2,2014. On January 13,2015, the City
received proposals from: AECOM Technical Services, lnc., Calvin, Giordano & Associates, lnc.,
Chen Moore and Associates, lnc., and Stantec Consulting Services, lnc.
On March 4,2015, the Evaluation Committee appointed bythe City Managerconvened to consider
the responsive proposals received. The Committee was instructed to score and rank the proposals
received pursuant to the evaluation criteria established in the RFQ. The results of the evaluation
committee process were presented to the City Manager for his recommendation to the City
Commission.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the
City Manager recommends that the Mayor and the City Commission, pursuant to RFQ No. 2015-
016-YG, for Architectural and Engineering Design Services for the Altos del Mar Park Project,
authorize the Administration to enter into negotiations with the top ranked proposer, Stantec
Consulting Services, lnc. Should negotiations be unsuccessfulwith the top ranked proposer, the
City Manager recommends the Administration be authorized to negotiate with the following firms in
order of rank: Calvin, Giordano & Associates, lnc., AECOM Technical Services, lnc., and Chen,
Moore, and Associates, lnc. Further, the City Manager recommends the Mayor and City Clerk be
authorized to execute an Agreement upon conclusion of successful negotiations by the
Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Board Recommendation:
Fi nancial Information :
Source of
Funds:
Amount Account
1 The cost of the related services, determined upon
successful negotiations, are subject to funds availability
approved throuqh the Citv's budoetinq orocess.
2
OBPI
3
Total
Financial Impact Summary:
Alex Denis, Extension 6641
'D-
AGENDA fiEn c7 [\MIAMIBTACH oarc ?'t?K169
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS PURSUANT TO
REQUEST FOR QUALTFTCATTONS (RFO) NO. 2015-016-YG, FOR
ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE ALTOS
DEL MAR PARK PROJECT.
ADMI NISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
FUNDING
The cost of the related seryices, determined upon successful negotiations, are subject to funds
availability approved through the City's budgeting process.
BACKGROUND
A Master Plan for the Altos del Mar Park was developed by AECOM on August 2014. The park
is located between 77th St. on the north, 76th St on the south, Collins Ave on the west and the
Beachwalk on the east and contains approximately 2.5 acres.
The key issues taken in consideration while developing the Master Plan included:
o The development of an appropriate range of spaces and facilities for general and passive
recreation, such as, open play areas (non-lighted and lighted), walking paths, landscape
areas, etc.;. Performance area with possible movable stage;. Opportunities and constraints for the park presented by the adjacent Public Library and
parking lot property;o Accessibility for the surrounding neighborhood via street end connectivity to existing
Beachwalk;. Provide input for arts in public place initiatives (art works by others).
Upon execution of the agreement, City officials and Parks and Recreation Department
representatives determined that it would be prudent to delay the actual project start date until
the end of calendar year 2013 such that all residents, both year-round and seasonal, would be
available for participation in the stakeholder workshop approach to be deployed by the
consultant team.
170
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of
P_roposals pursuant to Request For Proposals (RFP) No. 2015-016-YG, for Architectural and Engineering Design
Services for the Altos del Mar Park Project.
April 15,2015
Page 2
Parks and Recreation Department leadership assembled the consultant team for an internal
workshop on December 13, 2013 to provide overview guidance and the establishment of City
Goals and Objectives. With this information and directives in-hand, the consultant team began
their initial project due-diligence, site analysis and opportunities and constraints analysis of the
subject property and its outlying areas. Several team meetings were conducted on-site with
various city agencies including representatives from Law Enforcement, Planning and Zoning,
Parks and Rec and a special meeting was held with the City Manager and Assistant Managers
for their input and guidance.
The consultant team then began the process of organizing a series of interactive public
workshops to gain input from the Stakeholders and concerned citizens and to develop the
overall goals and objectives for the park from the neighbors and potential park users. Three
interactive workshops were conducted as follows:
1. Stakeholder Goals and Objectives and park program elements, February 27,2014.
a. This first session was held with approximately 40 citizens and was intended to
familiarize the stakeholders with the inherent attributes of the park, its potential for
development, discussions concerning 'active and passive' uses and the overall
development of potential program elements that would be used in the next session of
concerning development alternatives exploration. The overall consensus was that this
park should be PASSIVE and should be designed as a NEIGHBORHOOD park (vs
Community or Regional Park). lncreasing user safety was a primary consideration for
the future park design.
2. Development Alternatives Exploration, May 1,2014.
a. The second workshop was attended by approximately 30 citizens and the consultant
team presented three alternative plans; Alternative 1 was summarized as a more
formal Beaus Art style layout with native plantings in a traditional Florida hammock
style such as one might find at Fairchild Gardens. Alternative 2 was expressed as the
"Great Lawn" solution and featured native plantings with a substantial lawn area tilted
up towards the dune highpoint. Alternative 3 featured a more avant-garde approach
with a sweeping wall that separated the park from the dune and featured a bridge
element to connect the main park to a beach observation platform. The workshop
ended in an interactive voting exercise with the Stakeholders voting unanimously for
Alternative 1.
3. Preferred Alternative Presentation, June 10,2014.
a. This workshop was attended by 35 citizens and was conducted in an open house
style so that Stakeholders could spend a considerable amount of time reviewing the
Preferred Plan in an extensive question and answer session. The consultant team
stressed that it is critical that the Stakeholders clearly articulate their vision for the park,
and that the park would be a phased over a period of time. A final interactive session
was conducted to determine the Stakeholder priorities for 25 program elements.
Priorities were categorized as 1st, 2nd and 3rd and voting tallies were recorded.
Primary challenges encountered during the master plan development efforts focused on the
inclusion of several "lighting rod" program elements including public restrooms, observation
pavilion, interactive fountain and sand volleyball courts. These elements were debated, both
pro and con, at virtually every workshop with citizens being fairly evenly split on all issues.
171
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of
Proposals pursuant to Request For Proposals (RFP) No. 2015-016-YG, for Architectural and Engineering Design
Services for the Altos del Mar Park Project.
April 15,2015
Page 3
The consultant team developed a final plan that included all these elements, however the team
stressed that the master plan is not directing that each of these elements be included in the
final design and construction plans, but if these elements are ultimately included in the park
construction, the master plan has appropriately located each element in the best possible
area.
Solutions/Conclusions of the consultant team, stakeholders and City representatives can be
generalized that this is the Vision that the stakeholders, City staff and consultant team have
crafted together in a fair and democratic process. No one gets everything; everyone gets
something.
The park features a safe and accessible public open space that is unique to this location, but
is in harmony with the high standards of quality demanded by the stakeholders, citizens and
city leadership of Miami Beach. The net result will offer a beautiful, safe and functional city
park that serves the residents, the visitors, the local food, retail and hotel establishments and
will provide people of all ages and abilities a new and exciting venue for enjoying the best that
the City of Miami Beach has to offer.
RFQ PROCESS
ln order to prepare the master plan for construction, design services are required. On
November 19, 2014, the City Commission approved to issue the Request for Qualifications
(RFO) No. 2015-016-YG Architectural and Engineering Design Services for the Altos del Mar
Park Project. On November 20, 2014, the RFQ was issued. A voluntary pre-proposal
conference to provide information to the proposers submitting a response was held on
December 2,2014. RFQ responses were due and received on January 13,2015. The City
received a total of four (4) proposals.
The City received proposals from the following firms:
AECOM Technical Services, lnc.
Calvin, Giordano & Associates, lnc.
Chen Moore and Associates, lnc.
Stantec Consulting Services, lnc.
On February 10, 2015, the City Manager via Letter to Commission (LTC) No. 061-2015,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:o Elizabeth Valera, Deputy Director, Parks and Recreationo Rogelio Madan, Principal Planner, Planning Departmento Humberto Cabanas, Division Director, Office of Capital lmprovement Projects
The Committee convened on March 4,2015 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
172
Commission Memorandum Accepting the Recommendation of the City Manager Pertaining to the Ranking of
Proposals pursuant to Request For Proposals (RFP) No. 2015-016-YG, for Architectural and Engineering Design
Services for the Altos del Mar Park Project.
April 15,2015
Page 4
RFQ # 201 5-01 6-YG
Architectural and
Engineering Servlces
Design Services for
Altos del Mar Park
Proiect
Elizabeth
AanLina
Rogelio
Rankino
Hunberto
Rankino
LOW
AGGREGATE
TrlTAI S Rank
Stantec Consulting
Services. lnc.102 1 102 1 oo 1 3
Calvin, Giordano &
Associetes. lnc-98 2 96 2 94 3 7 2
AECOM Technical
Services, lnc.88 3 88 3 95 2 I 3
Chen Moore and
75 4 75 4 86 4 12 4
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with the top ranked proposer, Stantec Consulting Services, lnc. Should
negotiations fail, the City Manager recommends that the Administration be authorized to enter
into negotiations with the second ranked proposer, Calvin, Giordano & Associates, lnc. Should
negotiations fail with the second ranked proposer, the City Manager recommends that the
Administration be authorized to enter into negotiations with the third ranked proposer, AECOM
Technical Services, lnc. Should negotiations fail with the third ranked proposer, the City
Manager recommends that the Administration be authorized to enter into negotiations with the
fourth ranked proposer, Chen Moore and Associates. Should negotiations fail with the fourth
ranked proposer, the City Manager recommends that the Administration be authorized to issue
a new RFQ.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Qualifications No. 2015-016-YG (the RFQ), for Architectural and
Engineering Design Services for the Altos del Mar Park Project.
JLM/MT/DM/AD/YG
T:\AGENDA\201 SlApril\PROCUREMENT\RFQ-201 5-016-YG Altos del Mar Park - Memo.doc
173
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUALTFTCATIONS NO. 20f5-016-yc (THE
RFQ), FOR ARCHITECTURAL AND ENGINEERING DESIGN SERVTCES FORTHE ALTOS DEL MAR PARK PROJECT; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH STANTEC
CONSULTING SERVICES, INC; SHOULD THE ADM|N|STRAT|ON NOT BE
SUCGESSFUL IN NEGOTIATING AN AGREEMENT WITH STANTEC
CONSULTING SERVICES, INC., AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH CALVIN, GTORDANO & ASSOCIATES,
lNG.; SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL lN
NEGOTIATING AN AGREEMENT WITH CALVIN, GIORDANO &
ASSOCIATES, INC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH AECOM TECHNICAL SERVICES, tNC; SHOULD THE
ADMINISTRATION NOT BE SUGCESSFUL IN NEGOTIATING AN
AGREEMENT WITH AECOM TECHNICAL SERVICES, !NC., AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CHEN
MooRE AND ASSOCIATES, lNc; AND sHouLD THE ADMtNrsrRATroN
NOT BE SUCGESSFUL IN NEGOTIATING AN AGREEMENT WITH CHEN
MOORE AND ASSOCIATES, tNC., AUTHORIZING THE ADMINISTRATION TO
ISSUE A NEW RFQ; AND FURTHER AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications No. 2015-016-YG (the RFQ) was issued on
November 20,2014, with an opening date of January 13,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on December 2,2014; and
WHEREAS, the City received a total of four (4) proposals; and
WHEREAS, on February 10, 2015, the City Manager via Letter to Commission (LTC)
No. 061 -2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
o Elizabeth Valera, Deputy Director, Parks and Recreation. Rogelio Madan, Principal Planner, Planning Department. Humberto Cabanas, Division Director, Office of Capital lmprovement Projects
WHEREAS, the Committee convened on March 4, 2015 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
174
WHEREAS, the Committee's ranking was as follows: Stantec Consulting Services, lnc.,
top-ranked, Calvin, Giordano & Associates, lnc., second highest ranked; AECOM Technical
Services, lnc., third highest ranked; Chen Moore and Associates, lnc., fourth highest ranked;
and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and recommends that the Administration
be authorized to enter into negotiations with Stantec Consulting Services, lnc.; should
negotiations fail with Stantec Consulting Services, lnc., the City Manager recommends that the
Administration be authorized to enter into negotiations with Calvin, Giordano & Associates, lnc.;
should negotiations failwith, Calvin, Giordano & Associates, the City Manager recommends that
the Administration be authorized to enter into negotiations with AECOM Technical Services, lnc;
should negotiations fail with AECOM Technical Services, lnc., the City Manager recommends
that the Administration be authorized to enter into negotiations with Chen Moore and
Associates, lnc; should negotiations fail with Chen Moore, and Associates, lnc., the City
Manager recommends that the Administration be authorized to issue a new RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept
the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Qualifications No. 2015-016-YG (the RFQ), for Architectural and Engineering
Design Services for the Altos del Mar Park Project; authorizing the Administration to enter into
negotiations with Stantec Consulting Services, lnc; should the Administration not be successful
in negotiating an agreement with Stantec Consulting Services, lnc., authorizing the
Administration to enter into negotiations with Calvin, Giordano & Associates, lnc; should the
Administration not be successful in negotiating an agreement with Calvin, Giordano &
Associates, lnc., authorizing the Administration to enter into negotiations with AECOM Technical
Services, lnc; should the Administration not be successful in negotiating an agreement with
AECOM Technical Services, lnc., authorizing the Administration to enter into negotiations with
Chen, Moore, and Associates, lnc; should the Administration not be successful in negotiating an
agreement with Chen, Moore, and Associates, lnc., authorizing the Administration to issue a
new RFQ; and further authorize the Mayor and City Clerk to execute an agreement upon
conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\AGENDA\201 S\April\PROCUREMENT\RFQ-2o15-016-YG Altos del Mar Park - Resolution.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
'.1 l\rp
Dote
175
THIS PAGE INTENTIONALLY LEFT BLANK
176
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida,
Accepting The Recommendation Of The City Manager Pertaining To The Sole Proposal
Received, Pursuant To lnvitation To Negotiate (lTN) No. 2015-055-WG for Management
and Maintenance Services for City Owned Residential Properties.
lntended Outcome Su
Data (Surveys, Environmental Scan, etc: N/A
Item Summarv/Recommendation :
On January 14, 2015, the City Commission approved the issuance of the subject
lnvitation To Negotiation (lTN). On January 14,2015, the ITN was issued with an opening
date of February 19, 2015. A pre-proposal conference to provide information to the
proposers submitting a response was held on January 21 ,2015. A pre-proposal site visit
to allow potential bidders the opportunity to attain a general overview of the present
condition of the facilities was held on February 2, 2015. The City received one (1)
proposal from Royal American Management, lnc.
On February 24,2015, the City Manager appointed, via Letter to Commission (LTC) No.
080-2015, an Evaluation Committee (the Committee), which convened on March 25,
2015, to considerthe sole proposal. The Committee was instructed to score and rank the
sole proposal received pursuant to the evaluation criteria established in the lTN. The
results of the evaluation committee process were presented to the City Manager for his
recommendation to the City Commission.
After reviewing the submission and the Evaluation Committee's rankings of the sole
proposal received, the City Manager recommends that the Mayor and the City
Commission, pursuant to lnvitation To Negotiation (lTN) No.2015-055 WG, for
Management and Maintenance Services for City Owned Residential Properties, authorize
the Administration to enter into negotiations with the sole proposer (who has been
deemed by the Committee to be qualified), Royal American Management, lnc., and
further authorize the City Manager to execute an Agreement upon conclusion of
successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial Information:
Source of
Funds:
Amount Account
1 $23,496 1 1 6-4001 -000349, Lottie Apartments
2 $23,496 1 1 6-4002-000349, Madeleine Apartments
6*r,g)3 $24,000 1 1 6-4003-000349, Neptune Apartments
Total $70,992
Financial lmpact Summarv:
Clerk's Office
Alex Denis, Extension 6641
AGENDA neu C7 EE MIAMIBEACH oerc t*(s-t{
177
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of tllflCit
FROM: Jimmy L. Morales, City Manag",
[I\bDATE: April 15,2015
SUBJECT:A RESOLUTION OF THE MAYOR AND Clw COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO
TNVITATION TO NEGOTTATE (tTN) NO. 20f 5-055-WG FOR MANAGEMENT AND
MAINTENANCE SERVICES FOR CITY OWNED RESIDENTIAL PROPERTIES.
FUNDING
The Funding will be derived from rent collection.
BACKGROUND
The City currently owns the affordable housing residential property known as London House.
Additionally, on September 17,2014 the City Commission adopted Resolution No. 2014-
28756 directing the City Manager to proceed with the purchase of the following residential
properties from Miami Beach Community Development Corporation (MBCDC): Allen
Apartments, Barclay Plaza Apartments, Lottie Apartments, Madeleine Village Apartments, and
Neptune Apartments. These properties represent a total of 189 residential units.
The anticipated acquisition of these affordable residential properties and the expected
rehabilitation of the London House Apartments, will trigger a need for maintenance services to
ensure that these properties are adequately maintained and that tenant service requests for
maintenance are addressed in a timely, professional manner. Since all of the buildings were
acquired and/or rehabilitated with U.S. Department of Housing and Urban Development (HUD)
funds, these properties will need to be maintained in working order to ensure the provision of
safe, sanitary housing in accordance with HUD requirements.
RFP PROCESS
On January 14,2015, the City Commission approved the issuance of the subject lnvitation to
Negotiate (lTN). On January 14,2015, the ITN was issued with an opening date of February
19, 2015. A pre-proposal conference to provide information to the proposers submitting a
response was held on January 21,2015. A pre-proposal site visit to allow potential bidders
the opportunity to attain a general overview of the present condition of the facilities was held
on February 2,2015. The City received one (1) proposal from Royal American Management,
lnc.
On February 24,2015, the City Manager appointed, via Letter to Commission (LTC) No. 080-
2015, an Evaluation Committee (the "Committee") consisting of the following individuals:
o Anthony Kaniewski, Division Director, Property Management, City of Miami Beacho Humberto Cabanas, Director, ClP, City of Miami Beach. Mariano Fernandez, Director, Building Department, City of Miami Beach
178
Commission Memorandum - ITN 201 5-05*WG for Management and Maintenance Servlces for City Owned Residential
Properties
April 15, 201 5
Page 2
r Richard Bowman, Housing Specialist, Department of Housing and Community
Services, City of Miami Beach
The following alternates were also appointed:
. Mark M. Milisits, Leasing Specialist, Tourism, Culture and Economic Development
Department, City of Miami Beach. Antonio Gonzalez, Operations Manager, Building Department, City of Miami Beach
The Committee convened on March 25, 2015, to consider the sole proposal received. After
proposer's presentations and interview, the Committee discussed the proposers'qualifications,
experience, and competence, and further scored the proposer in accordance with the
evaluation criteria established in the lTN.
Total Points Evaluation Criteria
30 Proposer Experience and Qualifications, including Financial
Caoabilitv
20 Scope of Services
20 Aooroach and Methodoloov
30 Cost Proposal
The Committee pointed out the importance to the City to attain on-site staff dedicated to City of
Miami Beach properties in an effort to ascertain service levels, as well as the importance of
having the appropriate licensing for maintenance and repairs, when applicable.
The ITN also stipulated that additional points would be applied, if applicable, pursuant to the
City's Veteran's Preference Ordinance. However, the proposer was not eligible for Veteran's
preference.
The evaluation process resulted in the following ranking of proposals.
ITN 2015-055-WG for Management
and Maintenance Services for Gity
Owned Properties
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Royal American Manaoement, lnc.85 1 83 1 85 1 90 1
A brief summary of the firm and their proposal is provided below for informational purposes.
Royal American Management, lnc. (RAM) has been providing residential property
management services to public and private agencies since 1979. They hold certifications such
as HOME Program Specialist Certification, Housing Choice Voucher Specialists, Low lncome
Housing Tax Credits Property Manager or their equivalent.
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to ITN 2015-055-WG for
Management and Maintenance Services for City Owned Properties, and the results of the
Evaluation Committee process, and recommends that the Mayor and City Commission of the
City of Miami Beach, Florida, authorize the Administration to enter into negotiations with Royal
179
Commission Memorandum - ITN 2015-055-WG for Management and Maintenance Serylces for City Owned Residential
Properties
April 15, 2015
Page 3
American Management, lnc.; and further authorize the Mayor and City Clerk to execute an
agreement upon completion of successful negotiations by the Administration.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida approve the resolution accepting the recommendation of the City Manager,
pursuant to Invitation to Negotiate (lTN) No. 2015-055-WG for Management and Maintenance
Services for City Owned Residential Properties.
JLM / MT / KGB / MR /AD
T:\AGENDA\201SlApril15/1TN2015-055-WG Management and Maintenance Services for City Owned Residential Properties -
Memo Final.doc
180
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THECIry MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO INVITATION TO NEGOTIATE NO. 2015.055.WG FOR
MANAGEMENT AND MAINTENANCE SERVICES FOR CITY OWNED
RESIDENTIAL PROPERTIES (THE ITN); AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE TOP
RANKED PROPOSER, ROYAL AMERICAN MANAGEMENT, INC.; AND
FURTHER AUTHORIZING THE MAYOR AND GITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, lnvitation to Negotiate No. 2015-055-WG (the ITN) was issued on January
14,2015, with an opening date of February 19,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on January 21,2015; and
WHEREAS, the City received one (1) proposal; and
WHEREAS, on February 24, 2015, the City Manager via Letter to Commission (LTC)
No. 080-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:o Anthony Kaniewski, Division Director, Property Management, City of Miami Beach;o Humberto Cabanas, Director, ClP, City of Miami Beach;o Mariano Fernandez, Director, Building Department, City of Miami Beach;o Richard Bowman, Housing Specialist, Department of Housing and Community Service,
City of Miami Beach;
The following alternates were also appointed:
. Mark M. Milisits, Leasing Specialist, Tourism, Culture and Economic Development
Department, City of Miami Beach;o Antonio Gonzalez, Operations Manager, Building Department, City of Miami Beach; and
WHEREAS, the Committee convened on March 25, 2015 to consider the proposal
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of the proposal; and engaged in a question
and answer session after the presentation of the proposer; and
WHEREAS, the Committee was instructed to score and rank the proposal pursuant to
the evaluation criteria established in the ITN; and
WHEREAS, the Committee ranked Royal American Management, lnc., as the top-
ranked firm; and
181
WHEREAS, after reviewing the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with Royal American Management, lnc.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to lnvitation to Negotiate No.2015-055-WG for Management and
Maintenance Services for City Owned Residential Properties; authorize the Administration to
enter into negotiations with RoyalAmerican Management, lnc.; and further authorize the Mayor
and City Clerk to execute an agreement upon conclusion of successful negotiations by the
Administration.
PASSED AND ADOPTED this
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
day of 2015.
F8RffiUR8I,IB'
f n:i'r:''*4 -t-r5
a.-
DoteCity AttorneY
T:\AGENDA\201 S\Aprill 5\Procurement\lTN 2015-055-WG Management and Maintenance Services for City Owned Residential
Properties - Resolution.doc
182
COMMISSION II LM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting
The Recommendation Of The City Manager Pertaining To The Sole Proposal Received, Pursuant
To Request For Proposals (RFP) No. 2015-061-LR, For Background lnvestigation Services forthe
of Miami Beach.
lntended Outcome Su
Adviso Board Recommendation:
T:\AGENDA\201 \Background stigation Services -Summary.doc
AGE}IDA 1:j66 C7 F
lnsist On Police Department Accountability And Skilled ManagemenVleadership
Reform Policinq Culture With Customer Service Emphasis
Data Environmental Scan, etc: N/A
ltem Su mmarv/Recommendation :
The City of Miami Beach is contracting the professional services of an experienced and qualified
firm to conduct pre-employment background investigation services forthe Police, Fire and Human
Resources Departments for the following groups: Sworn, Non-Sworn, Public Safety
Communications Unit, Fire Department, General Employees and Contracted Personnel.
On January 14,2015, the City Commission approved the issuance of the RFP, which was issued
on January 15,2015, with an opening date of February 18,2015. A pre-proposal conference was
held on January 22,2015. The City received one (1) proposal.
On February 24,2015, the City Manager appointed an Evaluation Committee (the "Committee"),
which convened on March 19, 2015, to consider proposals received. The Committee was
instructed to score and rank the sole proposal received pursuant to the evaluation criteria
established in the RFP. The results of the evaluation committee process were presented to the City
Manager for his recommendation to the City Commission.
After reviewing the submission and the Evaluation Committee's rankings of the sole proposal
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Proposal (RFP) No. 2015-061-LR, for Background lnvestigation Services, authorize
the Administration to enter into negotiations with the sole proposer (who has been deemed by the
Committee to be qualified), Andrews lnternational, LLC; and further authorize the Mayor and City
Clerk to execute an Agreement upon conclusion of successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial Information :
Source of
Funds:
Amount Account
1
2
OBPI
3
Total
Financial lmpact Summary: The annual cost associated with the acquisition of background
investigation services is subject to funds availability approved through the City's budgeting
orocess.
Alex Denis, Extension 664
{s AAIAMIBTACH DArE q-tgt {
183
i
b:MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of t
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF THE SOLE PROPOSAL
RECEIVED, PURSUANT TO REQUEST FOR PROPOSAL NO. 2015-061-LR (THE
RFP), FOR BACKGROUND INVESTIGATION SERVICES; AND FURTHER
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT
UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRAT!ON.
ADMIN ISTRATION RECOMM ENDATION
Adopt the Resolution.
FUNDING
The annual cost associated with the acquisition of background investigation services is
subject to funds availability approved through the City's budgeting process.
BACKGROUND
The City of Miami Beach is contracting the professional services of an experienced and
qualified firm to conduct pre-employment background investigation services for the Police, Fire
and Human Resources Departments for the following groups: Sworn, Non-Sworn, Public
Safety Communications Unit, Fire Department, General Employees and Contracted
Personnel.
RFP PROCESS
On January 14, 2015, the City Commission approved the issuance of the RFP, which was
issued on January 15, 2015, with an opening date of February 18, 2015. A pre-proposal
conference was held on January 22,2015.
The City received one (1) proposal from Andrews lnternational, LLC. At total of thirty-five
(35) firms downloaded the RFP document in Public Purchase. Although a high number of
firms viewed the solicitation documents most agencies conduct their own background
investigation services, and most firms conduct online background investigations services
rather than the services outlined in the solicitation, therefore, the field is limited.
On February 24, 2015, the City Manager appointed an Evaluation Committee (the
"Committee") consisting of the following individuals:
. Digna Abello, Division Chief, Fire Departmento Clarise Ferguson, Communications Manager, Emergency Management Departmento Michael George, Lieutenant of Police, Police Departmento Yvette Thornton, Assistant Director, Human Resources Department
184
Commission Memorandum - RFP 201 5-061-LR Background lnvestigation Services
April 1 5,2015
Page2
Alternates:o Virgil Fernandez, Fire Chief, Fire Department. lnes Ferreiro, Human Resources Specialist, Human Resources Department. Colin Pfrogner, Police Sergeant, Police Department, City of Miami Beach
The Committee convened on March 19, 2015 to consider the sole proposal received. The
Committee was provided an overview of the project, information relative to the City's Cone of
Silence Ordinance and the Government Sunshine Law. The Committee was also provided
general information on the scope of services, references, and a copy of each proposal. The
Committee was instructed to score and rank the proposal pursuant to the evaluation criteria
established in the RFP.
The evaluation process resulted in the following:
ENW!
#N$Digna
Abello
Clarise
Ferouson
Michae!
Georoe
Yvette
Thornton
Andrews lnternational 69 78 70 74
Cost Proposal
Veterans Preference
20 20 20 20
0 0 0 0
TOTAL
Andrews lnternational, LLC (Al) has been in the business for twenty-seven (27) years. Al has
performed in-depth investigative services like those of the City for many companies worldwide.
Al specializes in business intelligence on a global scale. The core team being propose for the
City includes industry veterans with decades of experience who have held senior positions
with local South Florida Police, the Federal Bureau of lnvestigations (FBl), Drug Enforcement
Administration (DEA), United States Customs and various Fortune 500 companies.
MANAGER'S DUE D!LIGENGE & RECOMMENDATION
After reviewing the submissions and the Evaluation Committee's scoring of the sole proposal
received, the City Manager recommends that the Mayor and the City Commission, pursuant to
Request for Proposal (RFP) No. 2015-061-LR, for Background lnvestigation Services,
authorize the Administration to enter into negotiations with the top-ranked proposer, Andrews
lnternational, LLC; and, further, authorize the Mayor and City Clerk to execute an Agreement
upon conclusion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, approve the
resolution accepting the recommendation of the City Manager, pursuant to Request for
eroOoffiRFP) No. 2015-061-LR, for Background lnvestigation Services.
JLM / KB6 IMT ISCT / VF IDOI CTI AD
T:\AGENDA\201S\April 1S\Procurement\RFP 2015-061-LR Background lnvestigation Services - Memo.doc
89 98 90 94
185
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CIry MANAGER PERTAINING TO THE SOLE PROPOSAL RECEIVED,
PURSUANT TO REQUEST FOR PROPOSALS NO. 2015-051-LR (THE RFP)I
FOR BACKGROUND INVESTIGATION SERVICES; AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SOLE
PROPOSER, ANDREWS INTERNATIONAL, LLC; AND FURTHER
AUTHORIZING THE MAYOR AND CITY GLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Proposal (RFP) No. 2015-061-LR was issued on January 15,
2015, with an opening date of February 18,2015; and
WHEREAS, a pre-proposal conference was held on January 22,2015; and
WHEREAS, the City received one (1) proposal from Andrews lnternational, LLC (Al);
and
WHEREAS, on February 24, 2015, the City Manager via Letter to Commission
appointed an Evaluation Committee (the''Committee"), consisting of the following individuals:
. Digna Abello, Oivision Chief, Fire Department, City of Miami Beach. Clarise Ferguson, Communications Manager, Emergency Management, City of Miami
Beach. Michael George, Lieutenant of Police, Police Department, City of Miami Beach. lvette Thornton, Assistant Director, Human Resources Department, City of Miami Beach
Alternates:
. Virgil Fernandez, Fire Chief, Fire Department, City of Miami Beach. lnes Ferreiro, Human Resources Specialist, Human Resources Department, City of
Miami Beach. Colin Pfrogner, Police Sergeant, Police Department, City of Miami Beach
WHEREAS, the Committee convened on March 19,2015 to consider the Al proposal;
and
WHEREAS, the Committee was provided an overview of the project, information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of the proposal; and
WHEREAS, the Committee was instructed to score and rank the Al proposal pursuant to
the evaluation criteria established in the RFP; and
WHEREAS, the Committee ranked Al and found Al to be qualified under the RFP; and
186
WHEREAS, after reviewing all the submissions and the Evaluation Committee's and
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with Andrews lnternational, LLC as a
responsive and responsible bidder.
NOW, THEREFORE, BE !T DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the sole
proposal received, pursuant to Request for Proposals No.2015-061-LR (the RFP), for
Background lnvestigation Services; authorize the Administration to enter into negotiations with
the sole proposer, Andrews lnternational, LLC; and further authorize the Mayor and City Clerk to
execute an Agreement upon conclusion of successful negotiations by the Administration.
PASSED AND ADOPTED this _ day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & IANGUAGE
,w
Dote
fSiii*iiffiffiflS* *,r, W;:
187
THIS PAGE INTENTIONALLY LEFT BLANK
188
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing
The Mayor And City Clerk To Execute An Agreement Between The City Of Miami Beach, Florida, And The Cat
Network, lnc., To Provide Low-Cost Spay/Neuter Services For Stray, Homeless And Abandoned Cats; In The
Estimated Amount Of $96,050 Over Two Years, Funded By The Petsmart Charities@ Grant To The City Of Miami
Beach; Said Agreement Approval ls Subject To The Successful Execution Of The Grant Agreement With Petsmart
Charities@
Item Summary/Recommendation :
At its December 17,2014 meeting, the City Commission adopted Resolution No.2014-28865, approving and
authorizing the City Manager or his designee to submit a grant application to PetSmart Charities@ in the approximate
amount of $96,050, to support the funding of the City's feral cat spay/neuter program and to continue to expand the
program being implemented with The Cat Network, lnc. The free-roaming cat grant offered by PetSmart Charities@ is
intended to provide funding, strategic planning and mentoring for a comprehensive trap-neuter-return (TNR) program
for free-roaming cats. The goal is to build a program that is community-wide in scope, effective in reducing the local
feral and stray cat population, efficient in its use of resources, measurable in impact and sustainable over a period of
years to come.
The Cat Network lnc. is a Florida not-for-profit corporation dedicated to humanely reduce cat overpopulation by
educating the public about the need to sterilize their pets and strays; provide access to low-cost spay/neuter services
for stray, homeless and abandoned cats; help members in their efforts to place adoptable cats in loving homes; and
advocate non-lethal population control and humane public policy. They provide this type of service on a routine basis
and on the scale required by the City's program (costs associated with The Cat Network's services for spay/neutering
are funded by Petsmart Charities@ at $55.65 each the City will pay for the remaining $9.35 each).
The City has been collaborating with The Cat Network, lnc. for about five years, addressing animal issues within the
community, particularly the spay and neutering of feral cats. Monthly and/or bi-monthly spay and neuter events have
been held since then and to date, an approximate 3,000 cats have been sterilized. The Cat Network, lnc. brought its
first mobile surgical unit called the Miami Meow Mobile to Miami Beach in March 2009, providing low cost spay and
neuter services to Miami Beach for pets, strays and feral cats. For the past five years, The Cat Network, lnc. has been
receiving annual funding from the City in the amount of $5,000 dedicated to sterilize stray and feral cats.
The City is working closely with The Cat Network, lnc. in identifying dates and locations for the placement of its mobile
unit, storage of trapped and treated cats, as well as additional funds to expand this effort. The goal is to secure enough
funds to sterilize 1000 cats per year. PetSmart Charities@ Grant program has been identified as a program to support
this cause and as such, the City has applied for this grant in partnership with The Cat Network, lnc. On October 11,
2011, the City received notification that it had been selected to receive the requested grant amount in the amount of
$40,000 per year for two years, or a total of $80,000. On March 3, 2015, the City was notified that a grant in the amount
of $96,050 ($48,025 per year for two years) had been awarded. The City Attorney has approved the grant agreement
and it has been sent back to PetSmart Charities@ for final execution. Once the grant agreement with PetSmart
Charities@ is fully executed, the City will be able to start utilizing the funds. lt is necessary to have an agreement in
place with The Cat Network, lnc. for this purpose.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Financial lnformation :
Source of
Funds:
OBP!
Financial : Fund to become available once nt aqreement has been executed
Eric ter, Public Works X6012
AGENDA tr*fi cic
ome l't {-( {# AAIAMIBTACH 189
# MIAAAIBEACH
Ci?y of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
OMMISSION MEMORANDUM
TO:
FROM:
DATE: April 15,2015
SUBJECT: A RESOLUTION OF THE MA
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City $ommission
,-
AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH, FLORIDA, AND THE CAT NETWORK, INC., TO
PROVIDE LOW.GOST SPAY/NEUTER SERVICES FOR STRAY, HOMELESS
AND ABANDONED CATS; lN THE ESTIMATED AMOUNT OF $96,050
OVER TWO YEARS, FUNDED BY THE PETSMART CHARITIES@ GRANT
TO THE CITY OF MIAMI BEACH; SAID AGREEMENT APPROVAL lS
SUBJECT TO THE SUCCESSFUL EXECUTION OF THE GRANT
AGREEMENT WITH PETSMART CHARITIES@
ADMINISTRATION RECOMMEN DAT!ON
Adopt the Resolution.
FUNDING
Funds in the amount of $96,050 will become available from the PetSmart Charities@ Grant once
the contract agreement has been executed. The City will provide $18,700 in matching funds.
BACKGROUND
At its December 17,2014 meeting, the City Commission adopted Resolution No. 2014-28865,
approving and authorizing the City Manager or his designee to submit a grant application to
PetSmart Charities@ in the approximate amount of $96,050, to support the funding of the City's
feral cat spay/neuter program and to continue to expand the program being implemented with
The Cat Network, lnc.
The free-roaming cat grant offered by PetSmart Charities@ is intended to provide funding,
strategic planning and mentoring for a comprehensive trap-neuter-return (TNR) program for
free-roaming cats. The goal is to build a program that is community-wide in scope, effective in
reducing the local feral and stray cat population, efficient in its use of resources, measurable in
impact and sustainable over a period of years to come.
190
Commission Memo Cat Network
Apil 15,2015
Page 2 of 3
THE CAT NETWORK INC.
The Cat Network lnc. is a Florida not-for-profit corporation dedicated to humanely reduce cat
overpopulation by educating the public about the need to sterilize their pets and strays; provide
access to low-cost spay/neuter services for stray, homeless and abandoned cats; help
members in their efforts to place adoptable cats in loving homes; and advocate non-lethal
population control and humane public policy. They provide this type of service on a routine basis
and on the scale required by the Clty's program (costs associated with The Cat Network's
services for spay/neutering are funded by Petsmart Charities@ at $55.65 each the City will pay
for the remaining $9.35 each).
The City has been collaborating with The Cat Network, lnc. for about five years, addressing
animal issues within the community, particularly the spay and neutering of feral cats. Monthly
and/or bi-monthly spay and neuter events have been held since then and to date, an
approximate 3,000 cats have been sterilized.
The Cat Network, lnc. brought its first mobile surgical unit called the Miami Meow Mobile to
Miami Beach in March 2009, providing low cost spay and neuter services to Miami Beach for
pets, strays and feral cats. For the past five years, The Cat Network, lnc. has been receiving
annualfunding from the City in the amount of $5,000 dedicated to sterilize stray and feral cats.
The City is working closely with The Cat Network, lnc. in identifying dates and locations for the
placement of its mobile unit, storage of trapped and treated cats, as well as additional funds to
expand this effort. The goal is to secure enough funds to sterilize 1000 cats per year. PetSmart
Charities@ Grant program has been identified as a program to support this cause and as such,
the City has applied for this grant in partnership with The Cat Network, lnc.
On October 11,2011, the City received notification that it had been selected to receive the
requested grant amount in the amount of $40,000 per year for two years, or a total of $80,000.
On March 3,2015, the City was notified that a grant in the amount of $96,050 ($48,025 per year
for two years) had been awarded. The City Attorney has approved the grant agreement and it
has been sent back to PetSmart Charities@ for final execution. Once the grant agreement with
PetSmart Charities@ is fully executed, the City will be able to start utilizing the funds. lt is
necessary to have an agreement in place with The Cat Network, lnc. for this purpose.
SCOPE OF SERVICE
Pursuant to the grant application, The Cat Network, lnc. will perform the following activities:. ldentify and secure veterinarians to provide low cost (max of $65) spay/neuter serviceso Schedule, in coordination with the City of Miami Beach, at least two (2) spay/neuter
events each montho Work with City to identify location to park Spay/Neuter Mobile Unito Work with City to identify storage needs. Coordinate volunteer efforts for trappingo Develop training program for volunteerso Coordinate volunteer efforts for each spay/neuter event. Develop a voucher program with local participating veterinarians to enhance the
numbers of cats that can receive spay/neuter services throughout the month
191
Commission Memo Cat Netvvork
April 15,2015
Page 3 of 3
o Provide, as available, traps to be used by volunteerso Secure additional medications necessary for spay/neuter events, as well as to address
common feral cat illnesseso Promote, in coordination with the City of Miami Beach, the bi-monthly spay/neuter
events, including placement of the spay/neuter events in The Cat Network, lnc. website.. Provide monthly reports to the City on the number of spays/neuters performed the prior
month, and since grant inception and all other documents and reports, as required by
the grant.
CONCLUSION
The Administration recommends that the Mayor and City Commission authorize the Mayor and
City Clerk to execute an Agreement between the City of Miami Beach, and The Cat Network,
lnc., to provide low-cost spay/neuter services for stray, homeless and abandoned cats, in the
estimated amount of $96,050, funded by PetSmart Charities@. The execution of the Agreement
between the City and The Cat Network, lnc. will be subject to the execution of the grant
agreement between the City and PetSmart Charities@.
T:\AGENDA\201 s\April\PUBLIC WORKS\CatNetwork.Memo.docx
192
Grantee Name The Cat Network, lnc.
Contact Person Charlene Grall
Contact Phone Number 305-421-4119
Grantee Address
3301 Ponce de Leon Boulevard, Suite 210
Coral Gables, FL 33134
c.orall@miami.edu
TotalAmount of Grant $5,000.00
W nAIAMIBTACH
LETTER OF GRANT AGREEMENT
DEADLINES
CONTRACT DEADLINE WITH BUDGET SUBMITTAL: October 1,2014
EXPENDITURE DEADLINE: September 30, 2015
lN WITNESS WHEREOF, the parties hereto have executed this Agreement
Authorized Signature
For Miami Beach
Citv Manaoer
Title of Signatory Title of Signatory
Jimmv Morales
Type or Print the above Signature Type or Print the above Signature
Date Date
The above signatory certifies that all information provided in the Letter of Agreement and all
attachments are true and accurate.
Authorized Signature
For The Cat Network, lnc.
!
193
GENERAL COND!T!ONS
1. PROJECT AND BUDGET DESCRIPTION
Upon being awarded grant funds by the City, the Grantee is required to submit a budget to the
City's Grant Administrator or designee for approval detailing how the grant monies received are
to be spent. The Grantee may only use the award for the purposes described below:
The Cat Network, lnc will apply the funds to a spay/neuter program in the City of Miami
Beach. Eight hundred and twenty seven cats will be sterilized in each of two consecutive
years at a cost of $65 per animal. A PetSmart Charities Grant will apply up to $55.65 per cat
for the sterilizations. The City of Miami Beach will contribute up fo $9.35 per cat. The
program will operate with veterinarians contracted through The Cat Network lnc. The Meow
Mobile willcome to Miami Beach at least twice a month. Vouchers will also be distributed by
The Cat Network, lnc. and presented to veterinarians that have agreed to peiorm seryices
within the program to increase the ability to get as many cats sterilized as possib/e. Grant
funds may be used for surgeries and vaccinations at $65.00 per cat if there are funds
remaining in the current fiscal year outside of the $9.35 allocation per cat.
The submitted budget must be approved by the City before any grant funds will be disbursed.
The Grantee's expenditure of grant funds is to be used only for the specific items identified in
the budget approved by both parties. Any changes must be reported in writing to the City of
Miami Beach Grant Administrator or designee and approved before being implemented or the
corresponding grant monies may need to be repaid or future funding may be jeopardized at the
City's discretion.
2. PAYMENT SCHEDULE AND REPORTING
Once the Grantee's budget has been approved and the Agreement signed, then the Grantee
must prepare an invoice and deliver it to the City's Finance Department located at 1700
Convention Center Drive. lf all this documentation is not completed and submitted prior to the
end of the fiscal year (September 30th;, then the monies are forfeited and will not be paid to the
Grantee.
The Grantee who receives monies is required to submit each paid invoice attached to a copy of
their proof of payment (canceled check, credit card statement, wire transfer, bank statement,
etc.) by the end of the fiscal year to the Grant Administrator or designee. All invoices and proof
of payments submitted must be complete and agree to the budget previously approved by the
City.
lnvoices incurred prior to the beginning of the fiscal year are not reimbursable. Similarly,
invoices incurred after the end of the fiscal year are not acceptable unless previously approved
in writing by the City of Miami Beach.
The City of Miami Beach assumes no obligation to provide financial support of any type in
excess of the total grant amount. All amounts submitted to the City of Miami Beach must not be
submitted to any other funding agency for payment.
Reports need to include expenditures by month based on number of cats spayed and
neutered.
2
194
3. FINANCIAL REVIEW
The Grantee must keep accurate and complete books and records of all receipts and
expenditures of Grant funds in conformance with reasonable accounting standards. These
books and records, as well as all documents pertaining to payments received and made in
conjunction with this grant shall be retained in Miami-Dade County in a secure place and in an
orderly fashion by the Grantee for at least two years after the expenditure deadline.
The City of Miami Beach or its designee at the Grantee's local offices may examine the books,
records and documents during regular business hours and upon reasonable notice.
Furthermore, the City of Miami Beach may, at its own expense, audit or have audited upon
reasonable notice, all the financial records of the Grantee, whether or not purported to be
related to this Grant.
4. FISCAL YEAR
The fiscal year shall be defined as October 1, 2014 through September 30, 2015. All conditions
that must be met shallfall within those dates,
5. CONTMCT REPRESENTS TOTAL AGREEMENT
This contract, including its general and special conditions, represents the whole and total
agreement of the parties. No representations, except those contained within this grant
agreement and its attachments, are to be considered in construing its terms. No modifications
or amendments may be made to this Agreement unless made in writing and signed by both
parties.
6. LIABILITY AND INDEMNIFICATION
It is expressly understood and intended that the Grantee, as the recipient of grant funds, is not
an officer, employee or agent of the City of Miami Beach. Further, for purposes of the
Agreement and the grant project or activity, the parties hereto agree that the Grantee, its
officers, agents and employees are independent contractors.
The Grantee shall take all actions as may be necessary to ensure the its officers, agents,
employees, assignees and/or subcontractors shall not act as nor give the appearance of that of
an agent, servant, joint venture, collaborator or partner of the City of Miami Beach.
The Grantee shall indemnify and hold harmless the City of Miami Beach and its officers,
employees, agents and instrumentalities from any and all liability, losses or damages, including
attorneys' fees and costs of defense, which the City or its officers, employees, agents or
instrumentalities may incur as a result of claims, demands, law 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 Grantee or its employees, agents, servants, partners, principals or
subcontractors. The Grantee 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
attorneys'fees which may issue thereon.
3
195
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA
AND
THE CAT NETWORK, INC.
TO PROVIDE
LOW COST SPAY AND NEUTER SERVICES,
This Professional Services Agreement ("Agreement") is entered into this _ day of _,2015 (Effective Date), between the GITY OF MIAMI BEACH, FLORIDA, a municipat corporation
organized and existing under the laws of the State of Florida, having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida,33139 ("City"), and THE CAT NETWORK, lNC., a
Florida not-for-profit corporation whose address is 3301 Ponce de Leon Boulevard, Suite 210, Coral
Gables FL 33134 ("Contracto/').
Agreement:
City Manager:
Contractor:
Grant:
Services:
Fee:
Risk Manager:
SECTION 1
DEFINIT!ONS
This Agreement between the City and Contractor, including any exhibits and
amendments thereto.
The chief administrative officer of the City.
For the purposes of this Agreement, contractor shall be deemed to be an
independent contractor, and not an agent or employee of the City.
The PetSmart Charities Grant received by the City to provide spay and neuter
services to cats, and attached hereto as Exhlbit 1, as well as any and all future
grants and/or grant statements that is/are executed between the City and PetSmart
Charities for the purpose of funding the services delineated in this Agreement.
All services, work and actions by the Contractor performed or undertaken pursuant
to the Agreement.
Amount paid to the Contractor as compensation for Services.
The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third
Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext.6415:
and fax number (305) 673-7023.
SECTION 2
SCOPE OF SERVICES (SERVICES)
2.1 ln consideration of the Fee to be paid to Contractor by the City, Contractor shall provide the work
and services described in this Section 2 (and as more specifically described in subsection 2.2 below).
2.2 During the Term (as hereafter defined), the Contractor will perform the following services:a. ldentify and secure veterinarians to provide low cost spay/neuter services (maximum cost of $65)
to cats in the City of Miami Beach
b. Provide 827 spays or neuters for cats in Miami Beach in Year 1 of the Agreement; Provide 827
spays or neuters for cats in Miami Beach in Year 2 of the Agreement.i. All cats receiving spay/neuter services to have their ears "tipped"
c. Schedule, in coordination with the City, at least two (2) spay/neuter events in the City of Miami
Beach each month using the Contractor's Spay/Neuter Mobile Unit
196
i. Work with City to identify location to park Spay/Neuter Mobile Unitii. Work with City to identify storage needs
d. Coordinate volunteer efforts for trappingi. Develop training program for volunteersii. Coordinate volunteer efforts for each spay/neuter event
e. Purchase traps for up to $1,500. Contractor to provide any additional traps as needed to be used
by volunteers.f. Secure, through other grants or donations, additional medications necessary for the spay/neuter
events, as well as to address common feral cat illnesses.g. Promote, in coordination with the City, the bi-monthly spay/neuter events in the City of Miami
Beach, including promotion of the spay/neuter events on the Contractor's Website.
h. Develop and implement marketing program with prior City approval. Submit invoices and receipts
for reimbursement up to $1,250 over two year period.i. Maintain documentation (including receipts and consents, as may be required) on all spay/neuter
services provided to cats in Miami Beach pursuant to this Agreement.j. Provide monthly reports to the City on the number of spays/neuters performed on cats in Miami
Beach in the prior month, and since Grant inception, and all other documents and reports as
required by the Grant and by the City.k. Provide any additional reports as may be necessary for the City to meet its reporting obligations
under the Grant, within five (5) business days after the date of City's written request.l. Grant funds not expended on traps or marketing may be reallocated to additional spay/neuter
surgeries including rabies vaccines, at $55.65 per surgery.
2.2 Contractor's Services and any deliverables incident thereto, shall be completed in accordance
with the approved timeline and/or schedule, which shall be provided by Contractor to the City for review
and approvalwithin ten (10) days of the Effective Date of this Agreement, and which will be incorporated
as Exhibit 2 hereto.
SECTION 3
TERM
The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties
hereto, as referenced in the Effective Date of page t hereof, and shall have a term of two (2) years.
Notwithstanding the Term provided herein, Contractor shall adhere to any specific timelines, schedules,
dates, and/or performance milestones for completion and delivery of the Services, as same isiare set
forth in the timeline and/or schedule referenced in Exhibit 2.
SECTION 4
FEE
4.1 ln consideration of the Services to be provided, Contractor shall be compensated a total of
$96,050, as follows:
4.1.1. Contractor shall be reimbursed a maximum of $48,025 in each year of the Agreement.
4.1.2. Contractor shall be paid on a reimbursement basis.
4.1.3. Contractor shall be reimbursed $65 for each spay or neuter performed on a cat from Miami
Beach pursuant to a spay/neuter event in the City of Miami Beach; or for each spay/neuter of a
cat from Miami Beach performed by a participating veterinarian, as such spay/neuter service for a
cat from Miami Beach may be coordinated by the Contractor.
4.1.4 Contractor shall be reimbursed $1,500 for the purchase of 20 traps
4.1.5 Contractor
2
197
4.2 The Contractor will utilize the Agreement fee only for the Grant purpose and within the Term of
the Agreement. No part of the Agreement fee will be used for lobbying or political activities. ln the event
that the Contractor cannot use the Agreement fee for the Grant purpose or within the Agreement Term,
the Contractor must notify the City immediately.
4.3 tNVOtCtNG
Upon receipt of an acceptable and approved invoice, payment(s) shall be made within thirty (30) days for
that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular
invoice).
lnvoices shall include a detailed description of the Services, or portion thereof, performed, including, but
not limited to: the date the service was provided; the location of where the service was provided; the
number of cats (by gender) that received services; the types of services provided (e.g. spay, neuter,
hookworm medication administered, etc.); and the cost of the services to be reimbursed. The invoice
shall be submitted to the City at the following address:
Lynn W. Bernstein
City of Miami Beach
Public Works Department
Sustainability and Outreach Coordinator
1700 Convention Center Drive
Miami Beach, FL 33139
305.673.7080
lvn nbernstein@m iam ibeachfl. oov
SECTION 5
TERMINATION
TERMINATION FOR CAUSE
lf the Contractor shall fail to fulfill in a timely manner, or othenruise violates, any of the covenants,
agreements, or stipulations material to this Agreement, the City, through its City Manager, shall
thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to
terminate for cause, the City shall notify the Contractor of its violation of the particular term(s) of
this Agreement, and shall grant Contractor ten (10) days to cure such default. lf such default
remains uncured after ten (10) days, the City may terminate this Agreement without further notice
to Contractor. Upon termination, the City shall be fully discharged from any and all liabilities,
duties, and terms arising out of, or by virtue of, this Agreement.
Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by any breach of the Agreement by the Contractor. The City, at its sole
option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to
be in its best interest in order to enforce the City's right and remedies against Contractor. The
City shall be entitled to recover all costs of such actions, including reasonable attorneys'fees.
TERMINATION FOR CONVENIENCE OF THE CITY
THE CITY MAY ALSO, THROUGH tTS CITY MANAGER, AND FOR ITS CONVENTENCE AND
WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURTNG THE TERM BY
5.1
5.2
198
GIVING WRITTEN NOTICE TO CONTRACTOR OF SUCH TERMTNATION; WHICH SHALL
BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWTNG RECEIPT By THE
CONTRACTOR OF SUCH NOTICE. IF THE AGREEMENT tS TERMINATED FOR
CONVENIENCE BY THE CITY, CONTRACTOR SHALL BE PAID FOR ANY SERVICES
SATISFACTORILY PERFORMED UP TO THE DATE OF TERMTNATION; FOLLOWING
WHICH THE CITY SHALL BE DTSCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,
AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT.
5.3 TERMINATION FOR INSOLVENCY
The City also reserves the right to terminate the Agreement in the event the Contractor is placed
either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors.
ln such event, the right and obligations for the parties shall be the same as provided for in
Section 5.2.
SECTION 6
INDEMNIFICATION AND INSURANCE REQUIREMENTS
5.1 INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees,
agents, and contractors, from and against any and all actions (whether at law or in equity), claims,
liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal,
economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged
to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Contractor, its
officers, employees, agents, contractors, or any other person or entity acting under Consultant's control
or supervision, in connection with, related to, or as a result of the Contractor's performance of the
Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses
and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims
and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.
The parties agree that one percent (1o/o) of the total compensation to Contractor for performance of the
Services under this Agreement is the specific consideration from the City to the Consultant for the
Contractor's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall
survive termination or expiration of this Agreement.
6.2 INSURANCE REQU!REMENTS
The Contractor shall maintain and carry in full force during the Term, the following insurance:
1. Contractor General Liability, in the amount of 91,000,000;
2. Contractor Professional Liability, in the amount of $200,000; and
3. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes.
The insurance must be furnished by insurance companies authorized to do business in the State of
Florida. All insurance policies must be issued by companies rated no less than "B+" as to management
and not less than "Class Vl" as to strength by the latest edition of Best's lnsurance Guide, published by
A.M. Best Company, Oldwick, New Jersey, or its equivalent.
All of Contractor's certificates shall contain endorsements providing that written notice shall be given to
the City at least thirty (30) days prior to termination, cancellation or reduction in coverage in the policy.
199
Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any
work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City
shall have the right to obtain from the Contractor specimen copies of the insurance policies in the event
that submitted certificates of insurance are inadequate to ascertain compliance with required coverage.
The Contractor is also solely responsible for obtaining and submitting all insurance certificates for any
sub-consultants.
Compliance with the foregoing requirements shall not relieve the Contractor of the liabilities and
obligations under this Section or under any other portion of this Agreement.
The Contractor shall not commence any work and or services pursuant to this Agreement until all
insurance required under this Section has been obtained and such insurance has been approved by the
City's Risk Manager.
SECTION 7
LITIGATION JURISDICTIONruENUE/JURY TRIAL WAIVER
This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement
shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with
respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the
enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement,
Contractor and the City expressly waive any rights either party may have to a trial by jury of any civil
litigation related to or arising out of this Agreement.
SECTION 8
LIMITATION OF CIry'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's
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 sum of $10,000. Consultant
hereby expresses its willingness to enter into this Agreement with Contractor's recovery from the City
for any damage action for breach of contract to be limited to a maximum amount of $10,000.
Accordingly, and notwithstanding any other term or condition of this Agreement, Contractor hereby
agrees that the City shall not be liable to the Contractor for damages in an amount in excess of $10,000
for any action or claim for breach of contract arising out of the performance or non-performance of any
obligations imposed upon the City by this Agreement.
Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver
of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes.
SECTION 9
PUBL!CITY
9.1 The Contractor hereby grants PetSmart Charities the right, in connection with the Grant, and any
other Grant or Grant Statement that is executed by the City and PetSmart Charities for the purposes of
funding the Services delineated in this Agreement, to publish, print, transmit, display or otherwise use the
Contractor's name, logo, and photographs, or any other representation of the Contractor, including, but
not limited to, its facilities and activities, via all forms of media now known or hereafter devised
worldwide, in perpetuity, without notice, attribution or compensation to the Contractor. The Contractor
agrees to provide and/or obtain such written releases, assignments or other documents for itself and/or
200
from any third parties (for themselves and/or their pets) as may be necessary to enforce the rights of
PetSmart Charities granted in the Grant without any compensation of any kind to the Contractor or such
third parties. The Contractor agrees that PetSmart Charities may require the Contractor to recognize
PetSmart Charities and/or certain donors to PetSmart Charities (including, without limitation, naming or
affixing some object of recognition). Unless othenrvise agreed to by the parties, such recognition shall
remain in place in perpetuity or until removal is requested by PetSmart Charities.
9.2 lf the Contractor desires to publicize any information relating to this Agreement or otherwise
disclose the terms of this Agreement, the Contractor must first contact the City and obtain advanced
written permission. Notwithstanding the above, this Agreement is subject to disclosure, inspection, or
copying pursuant to Florida Public Records law (including, w/o limitation, Chapter 119, Florida Statutes)
and/or a legally binding order from a court or administrative body vested with jurisdiction over the subject
matter. All media materials (e.9., press releases, annual reports, newsletters, invitations, etc.) that include
any reference to the Agreement and/or Grant (including, but not limited to, information relating to the
Agreement fees, Grant Funds, Grant Purpose or PetSmart Charities) must be reviewed and approved by
the City in advance, and may not be made publicly available until such time as the City provides written
consent to the Contractor to do so and then only in accordance with the City's written consent.
9.3 The Contractor shall obtain the prior written consent from the City prior to granting to any entity or
individual any publicity or sponsorship rights in connection with the Contractor's activities that in any way
relate to this Agreement or the Grant.
SECTION 1O
GENERAL PROVISIONS
10.1 AUDlT AND INSPECTIONS
Upon reasonable verbal or written notice to Contractor, and at any time during normal business hours
(i.e. 9AM - sPM, Monday through Fridays, excluding nationally recognized holidays), and as often as
the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be
made available to the City Manager, and/or such representatives as the City Manager may deem to act
on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records
relating to all matters covered by this Agreement. Contractor shall maintain any and all such records at
its place of business at the address set forth in the "Notices" section of this Agreement.
10.2 UNTENTTONALLYDELETEDI
10.3 ASSIGNMENT. TRANSFER OR SUBCONSULTING
Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under
this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall
be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision
hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any
attempt to make such assignment (unless approved) shall be void.
10.4 PUBLIC ENTITY CRIMES
Prior to commencement of the Services, the Contractor shall file a State of Florida Form PUR 7068,
Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's
Procurement Division,
10.5 EQUAL EMPLOYMENT OPPORTUNITY
201
ln connection with the performance of the Services, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, national origin, religion, sex, gender
identity, sexual orientation, disability, marital and familial status, or age.
10.6 CONFLICT OF INTEREST
The Contractor herein agrees to adhere to and be governed by all applicable Miami-Dade County
Conflict of lnterest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, and
as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some
may be amended from time to time); both of which are incorporated by reference herein as if fully set
forth herein.
The Contractor covenants that it presently has no interest and shall not acquire any interest, direct or
indirectly, which could conflict in any manner or degree with the performance of the Services. The
Contractor further covenants that in the performance of this Agreement, no person having any such
interest shall knowingly be employed by the Contractor. No member of or delegate to the Congress of
the United States shall be admitted to any share or part of this Agreement or to any benefits arising
there from.
SECTION 11
NOTICES
All notices and communications in writing required or permitted hereunder, shall be delivered personally
to the representatives of the Contractor and the City listed below or may be mailed by U.S. Certified
Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery
service.
Until changed by notice in writing, all such notices and communications shall be addressed as follows:
TO CONSULTANT:Charlene Grall
Executive Director
The Cat Network, lnc.
3301 Ponce de Leon Boulevard, Suite 210
Coral Gable, FL 33134
786.223.6828
Eric Carpenter
Public Works Director
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
305.673.7080
TO CITY:
Notice may also be provided to any other address designated by the party to receive notice if such alternate
address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery.
ln the event an alternate notice address is properly provided, notice shall be sent to such alternate address
in addition to any other address which notice would otherwise be sent, unless other delivery instruction as
specifically provided for by the party entitled to notice.
202
Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S.
certified mail or overnight delivery.
SECTION 12
MISCELLAN EOUS PROVISIONS
12.1 CHANGES AND ADDITIONS
This Agreement cannot be modified or amended without the express written consent of the parties. No
modification, amendment, or alteration of the terms or conditions contained herein shall be effective
unless contained in a written document executed with the same formality and of equal dignity herewith.
12.2 SEVERABIL!TY
lf any term or provision of this Agreement is held invalid or unenforceable, the remainder of this
Agreement shall not be affected and every other term and provision of this Agreement shall be valid and
be enforced to the fullest extent permitted by law.
12.3 ENTIRETY OF AGREEI,VIENT
The City and Contractor agree that this is the entire Agreement between the parties. This Agreement
supersedes all prior negotiations, correspondence, conversations, agreements or understandings
applicable to the matters contained herein, and there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained in this document.
Title and paragraph headings are for convenient reference and are not intended to confer any rights or
obligations upon the parties to this Agreement.
IREMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
203
By:
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first entered above.
FOR CITY: CITY OF MIAMI BEACH, FLORTDA
ATTEST:
City Clerk Mayor
FOR CONTRACTOR: THE CAT NETWORK, lNC.
ATTEST:
Secretary President
Print Name Print Name / Title
By:
9
204
EXHIBIT 2
Ag reement Timel i ne/Sched u le
10
205
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND THE CAT NETWORK, INC., TO PROVIDE LOW.COST
SPAY/NEUTER SERVICES FOR STRAY, HOMELESS, AND ABANDONED CATS,
IN THE TOTAL ESTIMATED AMOUNT OF $96,050 OVER TWO YEARS, FUNDED
BY THE PETSMART CHARITIES@ GRANT TO THE CITY OF MIAMI BEACH;
SAID AGREEMENT APPROVAL IS SUBJECT TO THE EXECUTION OF THE
GRANT AGREEMENT WITH PETSMART CHARITIES@.
WHEREAS, at its December 17,2014 meeting, the City Commission adopted Resolution
No.2014-28865, approving and authorizing the City Manager, or his designee, to submit a grant
application to PetSmart Charities@, in the approximate amount of $96,050, to support the funding of
the City's feral cat spay/neuter program and to continue to expand the program being implemented
with The Cat Network, lnc.; and
WHEREAS, the free-roaming cat grant offered by PetSmart Charities@ is intended to
provide funding, strategic planning, and mentoring for a comprehensive trap-neuter-return (TNR)
program for free-roaming cats. The goal is to build a program that is community-wide in scope,
effective in reducing the local feral and stray cat population, efficient in its use of resources,
measurable in impact, and sustainable over a period of years to come; and
WHEREAS, the Cat Network, lnc. is a Florida not-for-profit corporation dedicated to
humanely reducing cat overpopulation by educating the public about the need to sterilize pets and
strays; providing access to low-cost spay/neuter services for stray, homeless, and abandoned cats;
helping members in their efforts to place adoptable cats in loving homes; and advocating non-lethal
population control and humane public policy; and
WHEREAS, the Cat Network, lnc. provides this type of service on a routine basis and on
the scale required by the City's program (costs associated with The Cat Network's services for
spay/neutering are funded by Petsmart Charities@ at $55.65 each; the Citywill pay forthe remaining
$9.35 each); and
WHEREAS, the City has been collaborating with The Cat Network, lnc. for about five
years, addressing animal issues within the community, particularly the spay and neutering of feral
cats. Monthly and/or bi-monthly spay and neuter events have been held since then and, to date,
approximately 3,000 cats have been sterilized; and
WHEREAS, the Cat Network, lnc. brought its first mobile surgical unit called the "Miami
Meow Mobile" to Miami Beach in March 2009, providing low cost spay and neuter services to Miami
Beach for pets, strays, and feral cats. For the past five years, The Cat Network, lnc. has been
receiving annual funding from the City in the amount of $5,000 dedicated to sterilizing stray and feral
cats; and
WHEREAS, the City is working closely with The Cat Network, lnc. in identifying dates and
locations for the placement of its mobile unit, storage of trapped and treated cats, as well as
additional funds to expand this effort. The goal is to secure enough funds to sterilize 1000 cats per
year. The PetSmart Charities@ Grant program has been identified as a program to support this
cause and, as such, the City has applied for this grant in partnership with The Cat Network, lnc.; and
206
WHEREAS, on Octobet 11,2011, the City received notification that it had been selected to
receive the requested grant in the amount of $40,000 per year for two years, or a total of $80,000.
On March 3,2015, the City was notified that a grant in the amount of $96,050 ($48,025 per year for
two years) had been awarded; and
WHEREAS, the City Attorney has approved the grant agreement and it has been
submitted to PetSmart Charities@ for final execution. Once the grant agreement with PetSmart
Charities@ is fully executed, the City will be able to start utilizing the funds for the aforestated
purposes.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA, that the Mayor and City Commission
hereby approve and authorize the Mayor and City Clerk to execute an agreement between the City
of Miami Beach, Florida, and the Cat Network, lnc., to provide low-cost spay/neuter services for
stray, homeless, and abandoned cats, in the total estimated amount of $96,050 over two years,
funded by the Petsmart Charities@ grant to the City of Miami Beach; said agreement approval is
subject to the execution of the grant agreement with Petsmart Charities@.
PASSED AND ADOPTED this _ day of
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDA\201 S\April\PUBLIC WORKS\The Catnetwork reso.doc
4gE
Dole
207
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208
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Approving And Authorizing The
Mayor And City Clerk To Execute Change Order No.2 To David Mancini & Sons, lnc. (DMSI), Dated April 1, 2015; Said
Change Order, For Additional Engineering Services, Seawall Replacement, Enhancement Landscaping, Milling And
Repaving And Bridge Repair For The Biscayne Point Neighborhood Right-Of-Way lmprovements Project, As Part Of A
Flood Mi iect On Crespi Boulevard, For A Total Cost Of $325,000,
COMMISSION ITEM SUMMARY
The Biscayne Point Neighborhood Right of Way improvement Project is currently in the process of being closed out.
One of the intents of the project was to correct the storm water drainage within the neighborhood, but after further
assessment, additional improvements needed to be made, including drainage on Crespi Boulevard, from 79th Street to
84"'Streets, and a water main replacement, from 79'n to 85'n Streets.
AtitsOctober29,2014 meeting,theCityCommissionapprovedResolutionNo.20l4-28816 authorizingtheexecution
of a change order to David Mancini & Sons, lnc. (DMSI), for additional engineering services, drainage structure
modification, drainage pipe, storm water pump station, pollution control structure, milling and repaving and water main
replacement for the Biscayne Point Neighborhood Right-Of-Way lmprovements Project, as part of a Flood Mitigation
Project on Crespi Boulevard, for a total construction cost of $3,550,876 that included a contingency of $500,000. The
said contingency has been used up due to the modification of the original design resulting in upsizing of pipes from 36
inch to 72 inch and additional linear foot of pipes in some areas.
ln order to complete the pump station phase of the project, including the outfall, it is necessary to replace the seawall
and raise the elevation to meet the current City approved standard of 5.7 NAVD. An enhancement of the landscaping is
also being proposed, to give the area more of a park-like appearance. Other areas of the neighborhood improvement
that are in need of immediate attention have also been.added, including milling and repaving at the intersection of
Crespi Boulevard and Hawthorne Avenue, as well as 77'n Street bridge repairs.
Public Works statf has requested an additional scope of work from DMSI to include: The 81't Street end seawall
replacement, enhanced landscaping for the pump station, milling and repaving at the intersection of Crespi Boulevard
and Hawthorne Avenue as well as77"'Street bridge repairs.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Board Recommendation:
Clerk's Office islative Trackin
-Offs:
Item Summary/Recommendation :
Financial lnformation :
Source of
Funds:
302-2452-069357
302-2452-061357
OBPI
Financial
431-2321-069357
Eric Public Works X6012
T:\AGENDA\201
AGENDA N"* C7 H
ome U-lftf209
@ MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
A RESOLUTION OF THE MA
MIAM! BEACH, FLORIDA, APP NG AND AUTHORIZING THE MAYOR AND
CIry CLERK TO EXECUTE CHANGE ORDER NO.2 TO THE AGREEMENT WITH
DAVTD MANC|N! & SONS, tNC. (DMS!), DATED ApRtL 1, 2015 (THE
AGREEMENT); FOR ADDITIONAL ENGINEERING SERVICES, SEAWALL
REPLACEMENT, ENHANCEMENT LANDSCAPING, MILLING AND REPAVING
AND BRIDGE REPAIR FOR THE BISCAYNE POINT NEIGHBORHOOD RIGHT.OF.
WAY IMPROVEMENTS PROJECT, AS PART OF THE FLOODING MITIGATION
PROJECT ON CRESPI BOULEVARD, FOR A TOTAL COST OF $325,000.
ADMINISTRATION RECOMM ENDATION
The Administration recommends adopting the Resolution
FUNDING
$ 15,000 302-2452-000356
$ 8,000 302-2452-061351
$150,000 302-2452-069357
$ 12,000 302-2452-061357
$140.000 431-2321-069357
$325,000 TOTAL
BACKGROUND
The Biscayne Point Neighborhood Right of Way improvement Project is currently in the process
of being closed out. One of the intents of the project was to correct the storm water drainage
within the neighborhood, but after further assessment, additional improvements needed to be
made, including drainage on Crespi Boulevard, from 79th Street to 84th Streets, and a water
main replacement, from 79th to 85th Streets.
At its October 29,2014 meeting, the City Commission approved Resolution No. 2014-28816
authorizing the execution of a change order to David Mancini & Sons, lnc. (DMSI), for additional
engineering services, drainage structure modification, drainage pipe, storm water pump station,
TO:
FROM:
DATE:
SUBJECT:AND CITY GOMMISSION OF THE CITY OF
210
Commission Memorandum -Crespi Boulevard Neighborhood lmprovements
Page 2 of 2
pollution control structure, milling and repaving and water main replacement for the Biscayne
Point Neighborhood Right-Of-Way lmprovements Project, as part of a Flood Mitigation Project
on Crespi Boulevard, for a total construction cost of $3,550,876 that included a contingency of
$500,000. The said contingency has been used up due to the modification of the original design
resulting in upsizing of pipes from 36 inch to 72 inch and additional linear foot of pipes in some
areas.
ln order to complete the pump station phase of the project, including the outfall, it is necessary
to replace the seawall and raise the elevation to meet the current City approved standard of 5.7
NAVD. An enhancement of the landscaping is also being proposed, to give the area more of a
park-like appearance. Other areas of the neighborhood improvement that are in need of
immediate attention have also been added, including milling and repaving at the intersection of
Crespi Boulevard and Hawthorne Avenue, as well as 77th Street bridge repairs.
Public Works staff has requested an additional scope of work from DMSI to include: The 81't
Street end seawall replacement, enhanced landscaping for the pump station, milling and
repaving at the intersection of Crespi Boulevard and Hawthorne Avenue as well as 77th Street
bridge repairs.
COST ANALYSIS
Public Works has negotiated the additional scope of work with DMSI in the amount of $325,000.
CONCLUSION
The Administration recommends adopting the Resolution.
Attachment - DMSI cost proposal
JLM/MT/ETC/BAM/FRS
211
l)\\ ll) \1,\\r I "rl.\ .'.t.t\.:, l\jt. .
rero washington Ave, suite e5o. Miami Beach, o" r",rf;ENERAL
CONTRACTOR
PH: (so5) 1se-aae1 FAX: (eo5) 5se-88s5
April2, 2015
Eugene Egemba, PE
Civil Engineer III
City of Miami Beach
1.700 Convention Center Drive
Miami Beach, FI33139
Proposed Lump Sum
Cost:
Scope B:
Proposed Lump Sum
Cost:
Scope C:
Proposed Lump Sum
Cost:
1939 N.w .1o.h Ct. Pompano Beach, FL 9906,1
PHr (954,) 97?-3556 FAX: (95,!) 94.1-eo,ro
Re: Crespi Blvd Improvements - Breakdown of proposals for additional work to be
performed
Mr. Egemba,
Please see below the breakdown for the proposals for additional work to be performed in the
above referenced project:
Scope A:Construction repairs to the 77th Street Bridge consisting in the restoration of
delaminated concrete and repairing cracks on selected bridge substructure
components including piles, pile caps, beams and slabs, as per
CES, lnc. plans issued for bid (02-20-741as amended.
S 65,000.oo
Mill and Resurface the intersection of Hawthorn Avenue and Crespi Blvd.
including restoration of all traffic signal loops, and pavement markings.
S ss,ooo.oo
Design/Build of Enhanced landscape and Hardscape improvements to
81st Street Pedestrian Bridge approach.
s 23,ooo.oo
212
l),\\ ll ) ,\1,\\( l\l
(\ :t:\). i\..l .
GENERAL CONTRACTOR
l9to Washington Ave, Suite 95o. Miami Beach, FL sgtgg
PH: (so5) 5se-EE97 FAX: (3o5) 5s9-88s5
Scope D:
Proposed Lump Sum
Cost:
lgsg NW 4,o,tr Ct. Pompano Beach, FL 3806,1
PH: (D5.r) 9z?-s556 FAX: (95,r,) e44-eo,lo
Design/Build of approximately 60 LF of Seawall at Street-end of 81st Street
and Crespi Blvd. to and final elevation of 5.7 NAVD utilizing Tru-Line System
or equal.
s 182,000.00
Respectfully,
213
RESOLUTION TO BE SUBMITTED
214
COMMISSION ITEM SUMMARY
6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, LLC; legallydescribed by
metes and bounds recorded in the Official Record Book 1811, at page 417, of the Public Records of Miami-Dade
County, Florida. The City's existing drainage outfall easement is within the area that the property owner would like to
build his new home and was previously located under the owner's driveway, sidewalk and pool deck, Due to the
property owner desires to build a new home on the property he has asked that the drainage easement be relocated to
within four feet of the north property line.
The City has not used the existing easement in some time but is amenable to obtaining a new drainage easement that
would not interfere with the construction so that the City may continue its drainage use at the new easement location,
which easement would provide for the construction, installation, maintenance, repair and replacement of City drainage
outfall pipes.
lf the new easement is accepted, the property owner, at his expense shall install and connect a new drainage pipe
within the easement area and the City shall abandon the old pipe located within the original easement area. The City
and Owner have accordingly negotiated a newGrant of Easement, (ATTACHMENTA), providing fora five (5)foot
easementto be located approximately four feet from the north property line and approximately eight feet away from the
easement to be vacated, (ATTACHMENT B) and which new easement will be north of the proposed building, see
sketch (ATTACHMENT C).The new easementwill accommodatetherelocationoftheexisting utilitieseasement, and for
the installation, continued maintenance, construction and repair of stormwater outfall pipes, and appurtenances.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Clerk's Office islative Tracki
n-Offs:
Allisson. Sum
AGENDA N"* C7 I
oaw t/-l9l{
Gondensed Title:
A Resolution Of The MayorAnd CityCommission Of The CityOfMiamiBeach,Florida,ApprovingAndALlthorzmg
The Mayor And City Clerk To Execute ATermination And Abandonment OfEasement Between O4gO nltison Road-,
LLC, Asthe Owner("Owner")Of The Property LocatedAt6430AllisonRoad,MiamiBeach,AndTheCity,And Further
Accepting A New Grant Of Easement From Owner On TheAforestated Property, For The lnstallation, Maintenance,
Construction And Repair Of City Drainage Outfall Pipes And Appurtenances; Said Termination And Grant Of
Easement, Respectively, Subject To The Following Conditions All Costs For Engineering And Construction Work
For The Relocation Of The Existing Outfall Pipe To The New Proposed Easement To Be Paid For By Owner;
And, All New Construction Of The New Pipe Be ln Accordance With City And Applicable Codes And
Specifications.
Item Summary/Recommendation:
Board Recommendation:
Financial lnformation:
Source of
Funds:
OBPI
Financial
Eric Public Works X6012
* MIAMI&rACH 215
g MIAMIBEACH
City of Miomi Beqch, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ION MEMORANDUM
TO: Mayor Philip Levine and Mem
FROM: Jimmy Morales, City Manager
DATE: April 15, 2015
of the City
SUBJECT: A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORTZING THE MAYOR AND
CITY CLERK TO EXECUTE A TERMINATION AND ABANDONMENT OF
EASEMENT BETWEEN 6480 ALLTSON ROAD, LLC, AS THE OWNER (,,OWNER")
OF THE PROPERTY LOCATED AT 6430ALLISON ROAD,MIAMT BEACH, ANDTHE
CITY, AND FURTHERACCEPTING ANEWGRANT OF EASEMENT FROM OWNER
ONTHEAFORESTATED PROPERTY, FOR THE INSTALLATION, MATNTENANCE,
CONSTRUCTION AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND
APPURTENANCES; SAID TERMINATION AND GRANT OF EASEMENT,
RESPECTIVELY, SUBJECT TO THE FOLLOWING CONDITIONS ALL COSTS FOR
ENGINEERING AND CONSTRUCTION WORK FOR THE RELOCATION OF THE
EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT TO BE PAID
FOR BY OWNER; AND, ALL NEW CONSTRUCTION OF THE NEW P|PE BE !N
ACCORDANCE WITH CITY AND APPLICABLE CODES AND SPECIFICATIONS.
6480 Allison Road, LLC ("Owner"), is the owner of real property located at 6480 Allison Road, LLC,
legally described by metes and bounds recorded in the Official Record Book 181 1 , at page 417 , of
the Public Records of Miami-Dade County, Florida. The City's existing drainage outfall easement is
within the area that the property owner would like to build his new home and was previously located
under the owner's driveway, sidewalk and pool deck. Due to the property owner desires to build a
new home on the property he has asked that the drainage easement be relocated to within four feet
of the north property line.
The City has not used the existing easement in some time but is amenable to obtaining a new
drainage easement that would not interfere with the construction so that the City may continue its
drainage use at the new easement location, which easement would provide for the construction,
installation, maintenance, repair and replacement of City drainage outfall pipes.
lf the new easement is accepted, the property owner, at his expense shall install and connect a new
drainage pipe within the easement area and the City shall abandon the old pipe located within the
original easement area. The City and Owner have accordingly negotiated a newGrant of Easement,
(ATTACHMENTA), providing forafve(S)footeasementto be located approximatelyfourfeetfrom the
north property line and approximately eight feet away from the easement to be vacated,
(ATTACHMENT B) and which new easement will be north of the proposed building, see sketch and
legal (ATTACHMENT C).
216
City Commission Memorandum - 6480 Allison Road, easement vacation
April 15, 2015
Page 2 of 2
The new easement will accommodate the relocation of the existing utilities easement, and for the
installation, continued maintenance, construction and repair of sto rmwate r o utf a ll , p ipes,
and appurtenances
Accordingly, the Administration would recommend thatthe Mayor and City Commission authorize the
Mayor and City Clerk to execute the attached Termination and Abandonment of Easement, attached
as Exhibit "8" hereto, and accept the new Grant of Easement, as set forth in Exhibit 'A"; all subject to
the conditions set forth in this Resolution.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
A. New Grant of Easement
B. Termination and sketch and legal description of recorded easement
C. Sketch and legal
JM/MT/ETC/JJF/EB
T:\AGENDAt201 S\April\PUBLIC WORKS\6480 allison. Memo 0406201 5.doc
217
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A
TERMINATION AND ABANDONMENT OF EASEMENT BETWEEN
6480 ALmN rcAq U-q AS THE OWNER (,,OWNER") OF THE
PROPERTY LOCATED AT 6480 ALLISON ROAD, MIAMI BEACH,
AND THE CITY, AND FURTHER ACCEPTING A NEW GRANT OF
EASEMENT FROM ot,\,IGR ON THE AFORESTATED PROPERTY,
FOR THE INSTALLATION, MAINTENANCE, CONSTRUCTION
AND REPAIR OF CITY DRAINAGE OUTFALL PIPES AND
APPURTENANCES; SAID TERMINATION AND GRANT OF
EASEMENT, RESPECTIVELY, SUBJECT TO THE FOLLOWING
GONDITIONS: ALL COSTS FOR ENGINEERING AND
CONSTRUCTION WORK FOR THE RELOCATION OF THE
EXISTING OUTFALL PIPE TO THE NEW PROPOSED EASEMENT
TO BE PAID FOR BY OWNER; AND THAT CONSTRUCTION OF
THE NEW PIPE BE !N ACCORDANCE WITH CITY AND OTHER
APPLICABLE CODES AND SPECIFICATIONS.
WHEREAS, 6480 Allison Road, LLC ("Owne/'), is the owner of real property
located at 6480 Allison Road, Miami Beach, Florida, legally described by metes and
bounds recorded in the Official Record Book 181 1 , at page 417, of the Public Records of
Miami-Dade County, Florida (the Property); and
WHEREAS, the City's existing drainage outfall easement (the City Easement) is
located within an area on the Property that the Owner would like to build a new home on;
and
WHEREAS, the Owner has requested that City's Easement be relocated to
within four feet of the north Property line; and
WHEREAS, the City is amenable to obtaining a grant of a new drainage
easement (the New Easement) (in a location on the Property that would not interfere
with the construction), which easement would provide for the construction, installation,
maintenance, repair and replacement of City drainage outfall pipes; and,
WHEREAS, if the New Easement is accepted, the Owner, at its sole cost and
expense shall install and connect a new drainage pipe within the easement area and the
City shall abandon the old pipe located within the original easement area.
WHEREAS, the City and Owner have negotiated a new Grant of Easement,
attached as Exhibit "A" hereto, providing for a fve (5) foot easement to be located
approximately four feet from the north property line and approximately eight feet away
218
from the easement to be vacated, (vacation attached as Exhibit "B"); which new
easement will be north of the proposed building;
WHEREAS, accordingly, the Administration would recommend that the Mayor
and City Commission authorize the Mayor and City Clerk to execute the attached
Termination and Abandonment of Easement, attached as Exhibit "8" hereto, and accept
the new Grant of Easement, as set forth in Exhibit '4"; all subject to the conditions set
forth in this Resolution.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission approve and authorize the Mayor to execute a termination and
abandonment of easement between 6480 Allison Road, LLC, as the owner of the property
("Owner") located at 6480 Allison Road, Miami Beach, and the City, and further
accepting a new grant of easement from O^/ner on the aforestated property, for the
installation, maintenance, construction and repair of City drainage outfall pipes and
appurtenances; said termination and grant of easement, respectively, subject to the
following conditions: all costs forengineering and construction work forthe relocation
of the existing outfall pipe to the new proposed easement to be paid for by Owner;
and that construction of the new pipe be in accordance with City and other
applicable codes and specifications.
PASSED and ADOPTED this _day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
'88-f8[P-S'lB'['Ugo*a{.15
Dote
F:\ATTO\BOUE\RESOS\ReIease of easement area & accept new easement area resolution [6480 Allison Rd LLC].doc
219
This instrument was prepared by
Name:Eve A. Boutsis
Address: Office of City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33 139
(Space reserved for Clerk)
Grant of Easement
This Grant of Easement entered into this _ day of 2015, by 6480 Allison Road, LLC,
with its address at:(hereinafter referred to as Grantor) and the City of
Miami Beach, Florida, a Municipal Corporation with its address at 1700 Convention Center
Drive, Miami Beach, FL 33139 (hereinafter referred to as Grantee) its successors and assigns.
1. Grantor is the owner, in fee simple, of the Real Property legally described as:
Folio: 02-3211-003-0380
The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot
41, of Indian Creek Subdivision, according to the Plat thereof, as
recorded in Plat Book 31 at page 75 of the public records of Miami
Dade County, Florida
In consideration of the sum of ONE and no/100 ($1.00) DOLLAR and other good and
valuZrble consideration, the receipt and suffrciency of which is hereby acknowledged, the
Grantor hereby grants and conveys to the Grantee, over, under and across the Easement
Atea, rnore fully described in Exhibit A, an exclusive Easement for the installation,
maintenance, construction and repair of a storm water drainage outfall pipes, and
appurtenances, the costs and expenses associated with same to be paid by Grantee. The
City of Miami Beach, its employees, contractors, or representatives shall have the
permanent right and license for purposes of ingress and egress to and from the Easement
for the purposes enumerated herein.
Grantee, its successors and assigns, agree to indemniff and hold Grantor, its successors
and assigns, harmless from any and all liability, loss and against all claims or actions
based upon or arising out of damage or injury (including death) to person(s) or property
that Grantor, its successors and assigns may suffer as a result of claims, demands, costs,
or judgments against it arising from Grantee's, its successors' and assigns' installation,
use and maintenance of the Easement.
4. It is intended that this Easement shall be recorded in the Public Records of Miami-Dade
County, Florida, and that this Easement shall be construed and shall be enforced in
accordance with the laws of the State of Florida.
2.
a
EXHIBlTIA
220
5.
6.
Page 2 of3
The easement herein granted shall constitute a covenant running with the parcel of Real
Property described herein and shall be binding upon and shall inure to the benefit of the
Grantor and the Grantee, and their respective successors and assigns.
The rights and benefits of the Grantee under this Easement shall be freely assignable by
the Grantee, in whole or in part.
7. To the extent that the Easement granted herein is no longer required by Grantee, Grantee
hereby agrees to execute and record in the Public Records of Miami-Dade County,
Florida, appropriate documentation to abandon and terminate this Grant of Easement.
Signed, witnessed, executed and acknowledged on thrs
2015
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
fls
Date
IN WITNESS WHEREOF, thE
by their proper officials.
Signed, sealed and delivered
in the presence of:
day of
Seller has caused these presents to be signed in its name
6480 ALLISON ROAD, LLC
a Florida limited partnership
Print Name:
Title:
Witness:By:
Print Name:
Witness:
Print Name:
221
Page 3 of3
STATE OF FLORIDA )
SS:
corJNTY oF MrAMr-DADE)
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument
was acknowledged before me by ,BS of 6480 Allison Road,
LLC, a Florida Limited Liability Corporation, who is personally known to me or who has
produced a valid driver's license as identification.
WITNESS my hand and official seal in the County and State last aforesaid this _ day
of ,2015.
Notary Public, State of Florida
My Commission Expires:
222
This instrument was prepared by:
Name: Eve A. Boutsis
Address: Office of City Attorney
1700 Convention Center Drive
Miami Beach, Florida 33139
(Space reserved for Clerk)
TERMINATION AND ABANDONMENT OFEASEMENT
ThisterminationandabandonmentofEasementisenteredintothisdayof-,
2015, by 6480 Allison Road, LLC, with its address at:(hereinafter referred to as
Owner) and the City of Miami Beach, Florida, a Municipal Corporation with its address at 1700
Convention Center Drive, Miami Beach, FL 33139 (hereinafter referred to as City) its successors and
assigns.
WHEREAS, Owner is the owner of the Real Property, commonly known as 6480 Allison Road,
Miami Beach, Florida, legally described as follows to wit:
Folio: 02-3211 -003-0380
The South 20 feet of Lot 39, Lot 40 and the North 15 feet of Lot 41, of
Indian Creek Subdivision, according to the Plat thereof, as recorded in Plat
Book 31 at page 75 of the public records of Miami Dade County, Florida
and
WHEREAS, an Easement appears on the property as reflected in the Official Records Book 1811
at pages 417-4t8, of the Public Records of Miami-Dade County. Florida, the Easement being more
particularly described in Exhibit A, attached and incorporated by reference herein.
WHEREAS, said Easement provides the City certain storm water sewer outfall rights relating to
constructing and maintaining the stormwater sewer; and
WHEREAS, the City wishes to terminate all of its right, title and interest in and to the
Easement.
NOW, THEREFORE, in consideration of the sum of TEN AND N0 ($10.00) DOLLARS and
othergood and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
ClTYagrees as follows:
EXHIBlTIE
l. That the above captioned recitals are incorporated herein by this reference.
223
Page2 of2
2. That the Easement and its terms, conditions
terminated, abandoned and released from the
further force and effect.
and provisions set forth in the Easement are hereby
Real Property described above and shall have no
IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and
year first above written.
Signed, sealed and delivered
in the presence of:
Witnesses: City of Miami Beach
By:
Print Name Philip Levine, Mayor
By:
Print Name
STATE OF FLORIDA)
COLINTY OF MIAMI-DADE)
Theforegoinginstrumentwasacknowledgedbeforemethis-dayof-,20l5by
Philip Levine, as Mayor of the City of Miami Beach, who is personally known to me or who has
produced as identification and did (did not) take an oath.
Notary Public, State of Florida
City of Miami Beach
Rafael E. Granado, City Clerk
224
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Attachment - C
FAX No. 561-314-O77OTELEPHONE No. 561 -314-OZes,
3460 FAIRI ANE FARMS ROAD. S
LEGAL DESCRIPTION OF:
A s-FOOT WIDE DRAINAGE EASEMENT
A PORTION OF LOT 39, INDIN{ CREEK SUBD'Y'S'ON
P.B. 31, PG. 75, M.D.C.R.
IN THE N.W. 114 OF SECT'ON 11 , TOWNSHIP 53 SOUTH, RANGE 42 EAST
CITY OF MINII BEACH, MINN\DME COUNry, FLORIDA
A PIRCEL OF l./iND BANC A PORNON OF LOT J9,
'NO'AN
CREEK SUBDMS'ON, rcCORDING TO THE PUT
THEREOF, AS RECORDED IN P|./T BOOK 31, PACE 75, OF THE P{IBLIC RECORDS OF MIAKII-MDE COUNTY,
FLORIDA SA'D PARCEL BANG MORE PARNCUURLY DFSCRIBED AS FOIIOTTS:
COMMENCE AT THE SOUIHEqSI CORI.'ER OF SA'D LOT 39;
7HE{CE NORIH 0&4/'15' WES-T, ALONC THE EISTERLY UNE OF SA'D LOT 39 NID THE }?ESTERTY RICHT OF
wAy UNE oF ArusoN RaAD (UATR WEW ROAD PER PUT), A D'STATVCE OF 2.6E FEEI rO THE PON| OF
8E6INNIN6;
THENCE NORT}' 65'37,46. WEST, A D'STANCE OF 15.22 FEEI TO A PONT ON E LINE 1'.OO FEET NAfiH OF
N,ID PIRALIEL WITH THE SOUTH LINE OF SAID LOT J9;
THENCE SOUTH 8I'15,45. WEST, ALONG SAID PARAILEL UNE A D'STAA'CE OF 194.64 FEEI;
THENCE SOUTH 35'47,23, }I,EST, A DISTAI,ICE OF 11.57 FEET TO A PONT ON 7}'E }YESTERIY LINE OF SAID LOT
J9;
THENCE I.JORTH 0844,15, WEST, ALON6 S4,D I,IESTERLY L,NE, A D,SIAA,CE OF 7.13 FEEI:
THANCE NORTH 35'47,23. ilST, A D'STANCE OF E.56 FEET TO A POIM ON A UNE 16.00 FEET NORTH OF
AIID PARAIJEL WMl THE SOUIH t'NE OF SAID LOT 39;
THENCE
'VORIH
EI'15,45. EIST, //-:ONE SND PARALLEL UNE, A DIS7|N,ICE OF 198.22 FEFT;
THENCE SOUIH 65'37'46' EAST, A DISI
^tCE
OF 13.45 FEET TO 9qrD FT4SIERLY UNE OF LOT 39;
TH&''CE SOWH 0844,15. E{S]i ATONO SA'D E4STMLY UNE, A ASTNICE OF 5.97 FEET TO THE PO//NT OF
BEGrl,rN,NC.
SA'D TANDS STruATE WTHIN THE CITY OF M'AMI BEACH, IIIAMI-DIOE COUNTY, FLORIDA COMNNINC 1,104
sSuARE FEET), MORE OR LESS.
sun/Er r{orE$
1. THE EE^R,,VGS SHOWN HEREON ARE BASED ON A PIAT BilRING OF N. 08'44'15. W., ALONG THE WESIERLY
RtcHT OF WAy UNE OF ALI'SON ROAD (WATER WEv( PRADO, PER PUT), AS SHOWN
'N 'ND'AN
CREEK
SUEOMS'ON, RECORDED IN PUT BOOK J|, PAOE 75, OF THE PUBUC RECORDS OF MIATII-DADE COUNTT,
FLORIDL
THE PROPERIY SHOWN HEREON tryAS NOT ABSTP{/ICTED FOR OWNERSHIP, R'OHIS-OF-WAY OF OTHER
[r/4nERS OF RECORD BY A(/rCTL
TH|S SKETCH DOES NOr REPRESEM A FTELD SURver (iHrS
'S
NOT A SURVHT).
THE LECAL DESCR'P77ON SHOltN HEREON WN AUTHORED BY AACTA COMMERCIAL SURVE}ORS,
'NC.,WM1OW THE BEI{ENT OF A TITLE SARCH.
2.
J.
4.
H'S IS TO CERTIFf IHAT THE SKETCH AND IEGAI DESCRIPNO'V SHOT}IV
HEREON IS
'CCURATE
AA'D CORRECT IO I}TE EEST OF MY KNOIILEDEE
N,ID BELIEF, I FUtrIHER CERIIFy TIIAT THIS SKETCfi AXO IEGAI
DESCR'PIION T'EErS IHE SIA^'OARDS OF PRACNCE ESTABI.'SHEO $/ 7}IE
FLOflOA AOARD OF PROFESS'O'VAI SURYEYORS A'VD A/APPERS
'NCHAFTER 5J-17, FLORIDA ADM'MSI&(7II/€ COOE, PURSUN,IT TO SECI'O'V
472.07, FLORTDA SrArUrES.
JAVIER DE I.A a.L1/
PROFESSO{^L SURVFIOR AI{D IAPPER IIO. 6OEO - STAIE OF TLOAO^
SEAL
NOT YAUO UNLESS
ST/ALEO T'ERE
AN EMEOSSED
SUM/EYOR,S SE4L
SHEET I OF 2
lrto
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NbN
Io
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228
TELEPHONE No. 561-314-0769 FA)< No. 561-314-OZ7O
3460 FAIRL.ANE FARMS ROAD, SIJITE 6. \NELLINGT()N. FL 3341.4
;: '*P '",,, *''* "B:i.'
.,{:,;,.j"'rU-te4\u" i e
:1,:,.;,::.1-.- i'.' -i-; :r--.-:
1.8. 7551
SKETCH OF DESCRIPTION OF:
A S.FOOT WTDE DRAIIIIAGE IASEHEIIIT
A PORTION OF LOT 39, INDIAAI CREEKSUED'Y'S'OA/
P,B. 31, PG. 75, M.D,C.R,
IN THE N.W. 114 OF SECI'OA/ 11, TOWNSHIP 53 SOUTH, RANGE 42 EA,,ST
CITY OF MIAMI BEACH, MIN/II.DADE COUNTY, FLORIDA
I#
il'- 30'
I.EGE'VDJ
M.D.C.R- MIAMI_DADE COUNTY RECORDS
P,B.
-PUT
SOOK
PG.
-PAGE
P.O,C.
-POINT
OF COMMENCEMENTP.O.S.-POINT OF BE6'NN'N6Lt _UNE f 1 (SEE L|NE TABLE)
6494 NIJSON ROAD
MIAMI BEACH, FL 33141
LOT 39
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THIS PAGE INTENTIONALLY LEFT BLANK
230
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 Neighborhood/Community Affairs Committee To lmplement A Pilot Program To Evaluate The Use Of LED
llluminated At Key Crosswalks.
ltem Su mmary/Recommendation :
At the NCAC meeting on March 20,2015, the Committee made a motion supporting the use of LED-illuminated lights at
key crosswalks to enhance pedestrian safety. The Committee endorsed the Administration's recommendation to select
up to four (4) locations from the list of potential locations provided, test the two (2) available products from the Florida
Department of Transportation Approved Products List, and provide updates to the City Commission on the progress of
the pilot project. Pursuant to the direction provided by the City Commission, Transportation Department staff has
completed an analysis in regards to the potential implementation of illuminated crosswalks (i.e., ln-Roadway Light
Assembly (IRLA)) at key unsignalized crosswalk locations. IRLA's are used to enhance the safety of pedestrians
crossing at unsignalized crosswalks. The IRLA includes in-roadway lights, signs, sign support structures, cabinet,
electronics, wiring, and pedestrian detectors for a complete crossing. When a pedestrian enters the crosswalk, the LED
strobe lights embedded in the roadway pavement are activated. Pedestrian detection/activation occurs by one of four
ways: pedestrian push button, microwave detection, laser bollards, and pedestrian pad. The flashing amber LED strobe
lights alert oncoming motorists that they are approaching an occupied crosswalk and should immediately reduce speed.
The flash of the amber LED strobe lights is easily seen by the approaching motorists at a sufficient distance to permit
vehicles to slow down and come to a safe stop.
Transportation Department staff has reached out to the Florida Department of Transpo(ation (FDOT) and Miami-Dade
County in regards to IRLA's. Currently, two (2) devices are listed on the FDOT Approved Product List and approved for
installation on FDOT roadways. Two (2) companies (Traffic Safety Corp. and Temple, lnc.) currently manufacture the
two (2) proprietary devices on FDOT's Approved Product List. lt is important to note that the only type of activation
currently approved by FDOT is a pedestrian push button. Thus, infrared detection, laser bollards, and pedestrian pads
have not been approved for use on state roads.
The City's Transportation Department works closely with the Miami-Dade County and FDOT on improving safety and
operational conditions of the City's transportation network. Considering Miami-Dade County currently does not have any
device on its Qualified Product List and that FDOT approval might take some time, the Administration recommends
moving fonryard with a pilot project in the immediate lerm from the list of feasible locations identified in Attachment A.
The locations to be selected will not be affected by ongoing or imminent construction projects and preferably on streets
under the City's jurisdiction. For implementation on a state road under FDOT jurisdiction, a permit from the state would
be required. lt is recommended that the duration of the pilot project be a minimum of six (6) months. Prior to the
implementation of the devices at the selected pilot locations, staff would conduct a "pre" study consisting of observations
in regards to the level of motorists' compliance at unsignalized crosswalks. After the initial 6-month trial period, staff will
conduct a "post" analysis to determine the effectiveness of the devices for each pilot location (i.e., motorists' compliance
at illuminated crosswalks in comparison to unsignalized crosswalks).
Additionally, the Administration recommends testing the two (2) FDOT-approved IRLA devices in order to obtain a better
understanding in terms of capital cost, maintenance, and reliability of the devices. While the Administration initially
recommended a pilot project consisting of up to four (4) locations, based on additional research of installation costs, the
Administration is recommending that the pilot prolect consist of two (2) locations at this time. Funding for a pilot project
can be provided from the existing Crosswalks capital project. Transportation staff will work with FDOT and the County to
identify the two (2) most appropriate locations for implementation of the pilot project and provide an update to the
Commission via a forthcoming Letter to Commission.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Ensure Comprehensive Mobility Addressing All Modes Throughout
Supporting Data (Surveys, Environmental Scan, etc
Financial lnformation:
Source of
Funds:
Amount Account
1 $1s0,000 187-2363-069357
2
Total $150,000
AGEI,'IDA ITETIIAAIAMIBEACHDATE
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OFFICE OF THE CITY MANAGER
To: Honorable Mayor Philip Levine and
FROM: Jimmy L. Morales, City Manager
DATE: April 1 5,2015
SUBJECT: A RESOLUTION OF THE MAYOR
SSION MEMORANDUM
City Commission
D CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AcCEpTtNG THE RECOMMENDATION OF THE NEIGHBORHOOD/
COMMUNITY AFFAIRS COMMITTEE TO IMPLEMENT A PILOT PROGRAM TO
EVALUATE THE USE OF LED ILLUMINATED LIGHTS AT KEY CROSSWALKS.
This item was referred to the Neighborhood/Community Affairs Committee by Commissioner
Michael Grieco at the March, 11 , 2015 City Commission meeting.
NEIGHBORHOOD/COMMUNIW AFFAIRS COMMITTEE (NCAC) RECOMMENDATION
At the NCAC meeting on March 20,2015, the Committee made a motion supporting the use of LED-
illuminated lights at key crosswalks to enhance pedestrian safety. The Committee endorsed the
Administration's recommendation to select up to four (4) locations from the list of potential locations
provided, test the two (2) available products from the Florida Department of Transportation
Approved Products List, and provide updates to the City Commission on the progress of the pilot
project.
BACKGROUND
Pursuant to the direction provided by the City Commission, Transportation Department staff has
completed an analysis in regards to the potential implementation of illuminated crosswalks (i.e., ln-
Roadway Light Assembly (IRLA)) at key unsignalized crosswalk locations. IRLA's are used to
enhance the safety of pedestrians crossing at unsignalized crosswalks. The IRLA includes in-
roadway lights, signs, sign support structures, cabinet, electronics, wiring, and pedestrian detectors
for a complete crossing. When a pedestrian enters the crosswalk, the LED strobe lights embedded
in the roadway pavement are activated. Pedestrian detection/activation occurs by one of four ways:
pedestrian push button, microwave detection, laser bollards, and pedestrian pad. The flashing
amber LED strobe lights alert oncoming motorists that they are approaching an occupied crosswalk
and should immediately reduce speed. The flash of the amber LED strobe lights is easily seen by
the approaching motorists at a sufficient distance to permit vehicles to slow down and come to a
safe stop.
ANALYSIS
Transportation Department staff has reached out to the Florida Department of Transportation
(FDOT) and Miami-Dade County in regards to IRLA's. Currently, two (2) devices are listed on the
FDOT Approved Product List and approved for installation on FDOT roadways. Two (2) companies
(Traffic Safety Corp. and Temple, lnc.) currently manufacture the two (2) proprietary devices on
FDOT's Approved Product List. lt is important to note that the only type of activation currently
approved by FDOT is a pedestrian push button. Thus, infrared detection, laser bollards, and
pedestrian pads have not been approved for use on state roads. Miami-Dade County has accepted
232
Commission Memorandum Accepting the Recommendation of the NCAC Regarding the Future use of LED
llluminated Lights at Key Crosswalks
April 15, 2015
Page 2 of 2
a request for consideration of IRLA with pedestrian push button activation manufactured by Traffic
Safety Corp. and certified by FDOT. While approved by FDOT, the product has not yet been
approved by Miami-Dade County due to some concerns with product design and longterm
maintenance.
Currently, more than 10 agencies in Florida have installed IRLA's. Allimplementations in Florida are
using a Traffic Safety Corp. product. The most recent installations completed in2014 include Palm
City and Fort Lauderdale. Other cities in Florida have installed IRLA's which have not been certified
by any agency. lt is important to note that the only location in Miami-Dade County where these
devices have been installed is Miami lnternationalAirport (MlA). Staff research has indicated that
the devices installed at MIA have not been approved by FDOT or Miami-Dade Countyand have had
some longstanding operational and maintenance issues.
Please refer to Attachment A for a list of unsignalized crosswalk locations in the City where
implementation of IRLA's has been found to be feasible. Approximatelyfifteen locations have been
identified and are listed in Attachment A. The locations were identified based on the potential to
enhance pedestrian safety and implementation timeline. Attachment B depicts the various devices,
types of activation, and associated capital costs.
CONCLUSION
The City's Transportation Department works closely with the Miami-Dade County and FDOT on
improving vehicular and pedestrian safety and operational conditions of the City's transportation
network. Considering Miami-Dade County currently does not have any device on its Qualified
Product List and that FDOT approval might take some time, the Administration recommends moving
forward with a pilot project in the immediate term consisting of up to four (4) locations from the list of
feasible locations identified in Attachment A. The locations to be selected will not be affected by
ongoing or imminent construction projects and preferablyon streets underthe City's jurisdiction. For
implementation on a state road under FDOT jurisdiction, a permit from the state would be required.
It is recommended that the duration of the pilot project be a minimum of six (6) months. Prior to the
implementation of the devices at the selected pilot locations, staff would conduct a "pre" study
consisting of observations in regards to the level of motorists' compliance at unsignalized
crosswalks. Aftertheinitial6-monthtrialperiod,staffwillconducta"post"analysistodeterminethe
effectiveness of the devices for each pilot location (i.e., motorists' compliance at illuminated
crosswalks in comparison to unsignalized crosswalks).
Additionally, the Administration recommends testing the two (2) FDOT-approved IRLA devices in
order to obtain a better understanding in terms of capital cost, maintenance, and reliability of the
devices. While the Administration initially recommended a pilot project consisting of up to four (4)
locations, based on additional research of installation costs, the Administration is recommending
that the pilot project consist of two (2) locations at this time. Funding for a pilot project can be
provided from the existing Crosswalks capital project.
Transportation staff will work with FDOT and the County to identify the most feasible locations for
implementation of the pilot project and provide an update to the Commission via a forthcoming
Letter to Commission.
Attachments:
A: llluminated Crosswalk Locations
B: llluminated Crosswalk Devices and Cost
,rrr,&N&^,,
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RESOLUTION TO BE SUBMITTED
238
C7 - Resolutions
A Resolution Amending The Contract Awarded Pursuant To lnvitation To Bid (lTB) No.
268-2013-TC To Amend The Contract Amount For Dune Restoration Services For The
Environment & Sustainability Division Department From $237,389 To $262,809 For
Additional Trimming Of Dune Vegetation.
(ProcuremenUEnvironment & Sustainability)
(!tem to be Submitted in Supplemental)
Agenda ltem
Date
c'7 K
239
THIS PAGE INTENTIONALLY LEFT BLANK
240
R2
GOMPETITIVE BID REPORTS
241
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AUTHORTZE THE TSSUANCE OF A REQUEST FOR PROPOSALS (RFP)
NO.2O15-146.WG FOR PARKING ATTENDANTS FOR CITY PARKING GARAGES.
Build And Maintain lnfrastructure With Full Accou
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
On May 5,2011, the Mayor and City Commission awarded RFP 17-10111 for Parking Attendants for City
Parking Garages to SP Plus Municipal Services, a division of Standard Parking Corporation. The start date of
the initial three (3) year term was August 16, 2011, and expired August 15, 2014. 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 July 30, 2014, the Mayor and Commission considered and approved an item referring to the Finance and
Citywide Projects Committee discussion on the management agreement with SP Plus Municipal Services, a
division of Standard Parking Corporation, for parking attendants. Specifically; the referral requested a
decision on: (1) Not exercising the City's option to renew the agreement; and (2) Extending the Agreement on
a monthto-month basis; and (3) lssuing a new RFP (Request for Proposals) for parking attendants for the
City's parking garages.
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 is anticipated to yield cost savings through a
combination of reduced personnel costs and gated revenue control system technology enhancements,
including a central monitoring station. A central monitoring approach is anticipated to yield a 40o/o reduction in
cashier/attendant hours which translates to an equivalent cost savings through the attached RFP. The
Administration desires to seek proposals from fully qualified firms interested in partnering with the City to
provide parking attendants for City parking garages.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of the RFP 2015-
146-WG for Attendants for C
Board Recommendation:
The Finance and Citywide Projects Commlttee recommends the issuance of a formal procurement process for
Parking Attendants for the City's Parking System. This, coupled with anticipated technology enhancements
Financia! lnformation :
Source of
Funds:
Amount Account
1 N/A
Total
Financial Impact Summary: N/A
Alex Denis, Director Ext # 664'1
FP-2015-146-WG Parking Attendants for City Parking Garages- ISSUANCE SUMMARY.docx
AGENDA ITEM N'AE MIAMIBEACH opre /-tI-t{242
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
MIAMIBEACH
FROM:
DATE:
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morares, city Manas - ,ff-M{^
April 15,2015
SUBJECT: REQUEST FOR APPROVAL TO AUTHORIZE THE ISSUANCE OF A
REQUEST FOR PROPOSAL (RFp) TO PROVIDE PARKING
ATTENDANTS FOR CIry PARKING GARAGES.
ADMINISTRATION RECOMM EN DATION
Authorize the issuance of the RFP.
BACKGROUND
On May 5,2011, the Mayor and City Commission awarded RFP 17-10111 for Parking
Attendants for City Parking Garages to SP Plus Municipal Services, a division of
Standard Parking Corporation. The start date of the initial three (3) year term was
August 16,2011, and expired August 15,2014. 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 July 30, 2014, the Mayor and Commission considered and approved an item
referring to the Finance and Citywide Projects Committee discussion on the
management agreement with SP Plus Municipal Services, a division of Standard Parking
Corporation, for parking attendants. Specifically; the referral requested a decision on:
(1) Not exercising the City's option to renew the agreement; and (2) Extending the
Agreement on a monthto-month basis; and (3) lssuing a new RFP (Request for
Proposals) for parking attendants for the City's parking garages.
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 is anticipated to yield cost savings through a combination of
reduced personnel costs and gated revenue control system technology enhancements,
including a central monitoring station. A central monitoring approach is anticipated to
yield a 40% reduction in cashier/attendant hours which translates to an equivalent cost
savings through the attached RFP. The Administration desires to seek proposals from
fully qualified firms interested in partnering with the City to provide parking attendants for
City parking garages.
243
City Commissioner Memorandum - RFP 2015-146-WG Parking Attendants for City Parking Garages.
April 15, 2015
SCOPE OF SERVICES
Successful Proposer shall provide trained and uniformed parking attendants for the City
of Miami Beach Parking System, Monday through Sunday, including holidays and during
special events. The attendants will be expected to collect parking fees, validate tickets,
and perform related duties.
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-
146-WG Parking Attendants for City Parking Garages.
. SUBMITTAL REQUIREMENTS. Please Reference Section 0300, RFP
2015-146-WG Parking Attendants for City Parking Garages.
o GRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-
146-WG Parking Attendants for City Parking Garages.
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance
of the RFP 2015-146-WG Parking Attendants for City Parking Garages.
o ATTACHMENTS
RFP 2015-146-WG Parking Attendants for City Parking Garages.
JLM/MT/SF/AD
T:\AGENDA\2015\April '1s\Procurement\RFP lssuance Parking Attendants for City Parking Garages. - MEMO.doc
Page 2of2
244
REQUEST FOR PROPOSALS (RFP)
PARKING ATTENDANTS FOR CITY PARKING GARAGES
201s-r 46-WG
RFP ISSUANCE DATE: APRIL 15,2015
PROPOSALS DUE: MAY 15,2015 @ 3:00 PM
ISSUED BY: WILLIAM GARVISO, CPPB
E MIAAAIBEACH
WIIIIAM GARVISO, PROCUREMENT COORDINATOR
PROCU REMENT DEPARTMENT
1700 Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33139
3O5.673J000 X6650 | www.miomibeochfl.gov
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TABLE OF CONTENTS
SOLICITAT!ON SECTIONS:PAGE
0100 NoT uTtLtzED ......... .......... N/A
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS ...............3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
O4OO PROPOSAL EVALUATION ....... ,,,,,,..,.,.12
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS ,,,.....14
APPENDIX B "NO PROPOSAL" FORM. ,,........,21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .,,,,,,.,23
APPENDIX D SPECIAL CONDITIONS ... ........,,29
APPENDIX E COST PROPOSAL FORM ......,,,.34
APPENDIX F INSURANCE REQUIREMENTS ..........36
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SECTION ()2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, conditions and obligations of the
Proposers and, subsequently, the successful Proposer(s)(the "contractor[s]")if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective
Proposer who has received this RFP by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE. The City of Miami Beach is soliciting responses from proposers to supply trained uniformed
attendants for the City of Miami Beach Parking System garages and lots. Attendant shall be responsible for a variety
of garage/lot supportive functions which include (but may not be limited to): customer service, cashiering, preparing
bank deposits assisting with the public, managing capacity of garages/lots, handling of money, operating revenue
control equipment, filling out reports, opening and closing of booths.
The City anticipates any resulting agreement will be awarded on a management fee plus agreed to reimbursable
costs.
The tentative schedule for this solicitation is as follows:
RFP lssued April 16, 2015
Pre-Proposal Meeting
Deadline for Receipt of Questions
Responses Due
Evaluation Committee Review
Proposer Presentations
Tentative Commission Approval Authorizing
Negotiations
Contract Negotiations Following Commission Approval
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 x6650
Email:
williamgarviso@miamibeachfl.gov
Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ;
or facsimile: 786-394-4 1 88.
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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- 4tt Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dialthe TELEPHONE NUMBER: '1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER: 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 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 exception
of communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at RafaelGranado@miamibeachfl.gov.
8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procu remenVscroll.aspx?id=235 1 0
. CONE 0F SILENCE.... CITY CODE SECTION 2486
o PROTEST PROCEDURES CITY CODE SECTION 2-371
o DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485,3
o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES ... CITY CODE SECTIONS 2481 THROUGH 2-406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENTISSUES........... CITY CODE SECTION 2488r REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL CITY CODE SECTION 2-373
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BENEFITS FOR DOMESTIC PARTNERS
o LIVING WAGE REQUIREI/ENT ......... CITY CODE SECTIONS 2407 THR0UGH2-410
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
o FALSE CLAIMS 0RD|NANCE.... CITY CODE SECTION 70-300
o ACCEPTANCE OF 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. 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 0F 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 the Propose(s)
he/she 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,
(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.
The City may award up to three vendors (primary, secondary, tertiary), as available, by line item, by group or in its
entirety, The City will endeavor to utilize vendors in order of award. However, the City may utilize other vendors in
the event that: 1) a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;
2) it is in the best interest of the City to do so regardless of reason.
13. ACCEPTANCE OR REJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or reject all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
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14. PROPOSER'S RESPONSIBILITY. Befoie 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 T0 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 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
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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.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation.
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposers 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 supplied 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 City or non-
profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of City 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 Cityal 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
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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 othenrrrise 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 calendar days in the event that a subsequent contract has not yet
been awarded. Additional extensions past the 120 calendar 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 Proposals including, without
limitation, any and all information and documentation submitted therewith, are exempt from public records
requirements underSection 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) calendar days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including,
but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the services; (b) provide the public with access to public records on
the same terms and conditions that the public agency would provide the records and at a cost that does not exceed
the cost provided in this chapter or as othenruise provided by law; (c) Ensure that public records that are exempt or
confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law;
(d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records
in possession of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements, All records stored electronically
must be provided to the public agency in a format that is compatible with the information technology systems of the
public agency.
33. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified 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.
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34. EXCEPTIONS TO RFP. Proposers musiclearly 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).
35. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or
service that might reasonably tend to improperly influence him/her in the discharge of his official duties,
Balance of Pase lntentionallv Left Blank
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sEcTloN 0300
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 relected. Proposals are to be delivered to City of Miami Beach
Procurement Department, 1700 Convention Center Drive, 3d Floor, Miami Beach, Florida 33139.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of 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 othenrvise.
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 submittals should be tabbed as enumerated
below and contains 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.
4 iv\lAi,AlBEACH
PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
ions requirements established in Appendix C, Minimum Requirements and Specificati
& Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Gapacity. 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
review the information contained in its SQR for to submittal to the Citv and
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as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
of Services
Submit detailed information addressing how Proposer will achieve each portion of the scope of services and
technical requirements outlined in Appendix C, Minimum Requirements and Specifications.
Responses shall be in sufficient detail and include supporting documentation, as applicable, which will allow the
Evaluation Committee to complete a full review and score the proposed scope of services.
b:TilIAIIIBTACH
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).
Approach and Methodology
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: use of innovative technology, training
received by attendants, communication protocols, and retaininq sufficient to meet the Citv's needs,
Cost
Submit a com Cost Form
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SECTION O4O() PROPOSAL EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Proposal in accordance with the requirements set forth in the solicitation. lf further information is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only. The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the
Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the
Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:. review and score all proposals received, with or without conducting interview sessions; oro review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Cost Proposal
35
20
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Oblective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points
(lowest cost / cost of proposal
being evaluated X maximum
allowable points = awarded
points)
Round to
Total
Points
Awarded
Vendor A $100.00 25 $100 , $100 X25 = 25 25
Vendor B $150.00 25 $100/$150X25=16 16
Vendor C $200 00 25 $100/$200X25=13 13
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b ,',t'i- ',' BEACH
5. Determination of Final Ranking. At theionclusion of tne fvaluation Committee Step 1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and2 scores will be converted to rankings in accordance with the example below:
* 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 25 16 13
Total 107 92 93
Rank 3 2
Committee
Member 2
Step 1
Points 79 85 72
Step 2
Points 25 16 13
Total 104 101 85
Rank 1 2 3
Committee
Member 2
Step 1
Points 80 74 66
Step 2
Points 25 16 13
Total 't05 90 79
Rank ,|2 3
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APPENDIX A
MIAMIBEACH
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
2015-1 46-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCUREMENI DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
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Solicitation No:
2015-146-WG
Solicitation Title:
PARKING ATTENDANTS FOR CITY PARKING GARAGES
Procurement Contact:
William Garviso
Tel:
305.673.7000 x 6650
Emarl:
williamqarviso@miamibeachfl.qov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
General Proposer lnformation.
FIRM NAME:
No of 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):
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 conkact requirements.
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2.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
YES l__l ruo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal City, 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.
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.
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 vgs [__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, including a prohibition against any vendor giving a campaign
contribution directly or indirectly to a candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. 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. A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of giving or depositing a contribution in violation of this section shall constitute a separate violation.
"Vendor" shall include natural persons and/or entities who hold a controlling financial interest in a vendor entity. The term
"controlling financial interest" shall mean the ownership, directly or indirectly, of ten percent or more of the outstanding capital stock
in any corporation or a direct or indirect interest of ten percent or more in a firm.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (to which the definition of vendor as defined above
may apply), including your sub-consultants), who has contributed to the campaign either directly or indirectly, of a candidate who
has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
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9.
Code of Business Ethics, Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
Cityal 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. 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:
The City Commission approved Ordinance 2014-3897 on September 30, 2014 increasing the living wage rate to
$'13.3't/hourly without health benefits or $1 '1.62/hourly with health benefits with an effective date of January 1,2015.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's
Bureau of Labor Statistics. Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by
resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement
same (in a particular year).
Proposers' failure to comply with this provision shall be deemed a material breach under this 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. Fu(her 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 requrrement.
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 conhact 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 ves f--l t'to
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
[--.] ves l__--] uo
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Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already
specified. Note: some beneflts 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
SDouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefi ts requirement is available at www.miamibeachfl . gov/procuremenU.
Public Enti$ Crimes. Section 287.133(2)(a), Florida Statutes, as cunently 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.
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
Rcmint
lnitial to Confirm
Receiot
lnitial to Confirm
Receiol
Addendum'l 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.
11.
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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 City-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 respectthereto, such liability shallbe limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
RFP 20r5-r 46-WG Poge 1 9
263
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 Certiflcation, Questionnaire and Requi 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
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
of
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264
APPEND
tb
:MIAM
XB
BEACH
"No Bid" Form
2015-1 46-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCU REMENT DEPARTMENT,l700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20r 5-r 46-WG Poge 21
265
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR !NDTCATED 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
PROCU REMENT DEPARTMENT
ATTN: William Garviso
RFP PROPOSAL #201 5-1 46-W G
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFP-20r 5-r 46-WG Poge 22
266
APPENDIX C
g MIAMIBEACH
Minimum Requirements
& Specificotions
2015-.l43-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch. Florido 33.l39
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APPENDIX C
CI. 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.
1. Proposer shall maintain commercial office within Miami-Dade, Palm Beach, Broward or Monroe
Counties.
SUBMITTAL REQUIREMENT: Submit the business tax receipt or occupational license for the
Proposer's location which complies with this requirement.
2. Proposers shall have been awarded at least three (3) contracts of similar scope and size within the
last five (5) years. Similar size and scope may include municipal parking Departments, parking
authorities, and/or parking systems, including colleges/ universities; and/or hospitals.
SUBMITTAL REQUIREMENT: For each of the three (3) required contracts, submit: the name of
the awarding agency, agency contact person, address, telephone number, email address, and
summary of scope of services provided.
C2.Statement of Work Required.
The successful Proposer shall be responsible for the following:
1. Providing trained and uniformed parking attendants at each of the designated parking
facilities below, Monday through Sunday, including holidays and during special events.
The parking facilities are located at:. G1 - 7th StreeUCollins Avenue. G2 - 12th Sheet/DrexelAvenue. G3 - 13th StreeUCollins Avenue. G4 - 16th StreeUCollins Avenue. G5 - 17th Street Garage. G6 - 42nd Street Garage. G7 - 18th and Meridian (City Hall Garage). G8 - Sth Street and Alton Garage. G9 - Pennsylvania Avenue Garageo G10 - Sunset Harbor Garage. Multiple municipal surface parking lots, including during special events
and/or seasonally.
2. Propose/s parking Attendants I must:A. Collect parking fees, validate tickets, and perform related duties.B. Provide financial and ticket reports at the conclusion of each shift.C. Submit all monies representative of the shift's activity to the shifUfacility
Attendant ll's, and assist in the recordation and deposit of the daily shift cash
receipts.D. Maintain a clean work area, including the adjacent booth area and access control
equipment. Each shift shall be responsible to maintain the fee computer as to
cleanliness, dust, and appropriate use.E. Provide directions and general information to the public.F. Maintain a neat, well-groomed appearance at all times.
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268
G. Maintain a friendly, courteous and service-oriented attitude at all times.H. Consistently demonstrate the ability to communicate effectively in the English
language with the general public, supervisors, and City management.l. Be qualified to complete all required cash and ticket reports to ensure the
accurate and complete recordation of such reports. Demonstrate ability to add,
subtract, multiply, and divide in a consistent and accurate manner.J. Be familiar with City parking policies pertinent to:
o Monthly Parking Program. City Decals and Permit Parkers
: itr{il:ifu:,'J:'ffi;:1,* by,hec,y
K. Be familiar with the location, hours of operation, and rates of all City parking
facilities.L. Trained in operating the City's gated parking revenue control equipment and
related mobile applications.M. Perform all other related duties as assigned by the City.
3. Proposer shall provide and require its employees to wear a uniform:A. SporUpolo shirt or collared shirt (no t-shirts), dark pants, shorts or skirt.B. The firm's employees will be issued official City of Miami Beach photo
identifications and these shall be required to be worn daily as part of the
employee's official uniform.C. The Proposer must include its name on the badge or uniform.D. The City reserves the right of final approval of the uniform selected by the
Proposer.
4. Proposer will provide Attendants ll as requested by the City.
5. Attendant ll will perform the following duties, including all Attendant I duties, as required:A. Attendance verification: Verify at the beginning of each shift that all booths are
staffed. lf personnel are absent or call in sick, it is the responsibility of the
Attendant ll to replace the Attendant I immediately. The Attendant ll shall issue a
bank for each Attendant l, whose duties are to cashier, per shift.B. Scheduling of shift locations and replacements for daily and weekly schedule and
scheduling for vacations and emergencies.C. The shift shall serve as the City contact for any problems or questions during
each shift.D. Provide required assistance to parking attendants during shift closeout
procedures. Prepare all deposits for shift cash receipts.E. Perform the duties of a Parking Attendant l, when and if necessary.F. Assist in central monitoring station.G. Perform other related duties as requested by City staff.
6. Contractor shall use best efforts to transition employees of the existing service provider
who choose to migrate to the Contractor. The City shall bear no responsibility for any
transitioned employee.
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269
7 Proposer shall provide a full-time on-site Project Manager with experience
handling the type of services requested by the City, who will have full authority to
act on behalf of the firm. The Project Manager shall be scheduled at the sole and
absolute discretion of the City and shall be available to respond to requests from
the City, on an as needed basis, 24 hours a day/seven days a week.
All Contractor employees must report any facility maintenance issues, including but not
limited to graffiti; light bulb replacement; reskiping; signage; etc. that needs to be
addressed.
Contractor shall schedule monthly performance meetings with City management to review
performance issues.
Contractor shall notify the City immediately upon any change in its contractor
management team that impacts services to the City. A minimum of two (2) contract
representative names must remain on file with the City at all times.
Contractor shall respond to any complaint received from the general public or the City
Administration, in writing, within 24 hours of receipt of complaint.
All training is the sole responsibility of the Contractor. Contractor will provide written rules
of conduct for its personnel, which must be approved by the City's Parking Director.
'13. Contractor must provide a Facilities Operation Manual to each employee and a
permanent manual containing standard operating procedures shall be stored in each
cashier booth and central facility office.
Smoking, eating, and/or mobile phone use on the job is strictly prohibited.
Contractor must supply a $100.00 bank foreach shift at each facility. The $100.00 bank
shall consist of sufficient variety of currency and/or coin to properly provide change. The
City reserves the right to alter the composition of the $100 bank; however, typically, eighty
(80) one-dollar bills and two (2) rolls of quarters will be required.
Contractor shall be responsible for all pay-on-foot stations, including but not limited to:
providing all funds necessary for replenishing all cash for change bins (two bins per pay
on foot station and $5,000.00 per bin is required); balancing all transactions at all pay-on-
foot stations at applicable facilities; and pefforming all other related duties pertaining to
pay-on-foot stations, as assigned by the City. Contractor must have sufficient cash on
hand to ensure that at no time any pay-on-foot stations are depleted of change (smaller
bill denominations). Contractor shall use best efforts to keep all pay on foot stations
operational at all times including, but not limited to, minor repairs such as misread tickets;
billjams; receipt rolls, etc.
Contractor shall be responsible for any cash shoftages or missing tickets. Missing tickets
shall be calculated at the maximum daily parking rate. All shortages shall be delivered to
the City of Miami Beach Parking Department, c/o the Finance Manager, within 72 hours of
notice of the shortage by the City.
Contractor shall provide continuous and on-going procedural and equipment training to its
employees. Proposer shall provide a roster of all trained employees to the City.
8.
9.
10.
11.
12.
14.
15.
16.
17
18.
RFP 20r 5-r 46-WG Poge 26
270
B.
Employees receiving training at the City's parking facilities must be scheduled to work at
City parking facilities. Under no circumstances is the Proposer to train employees at City
parking facilities and relocate the employee to another contract or client for any period of
time without the prior written consent of the City.
19. Contractor shall provide sufficient vehicles, (in such number as reasonably determined by
the City) for its employees to ensure the effective and efficient transport of attendants to
assigned locations throughout all shifts.
20. Contractor shall perform a background check, in such manner as approved by the City, on
all of its employees, as part of its employment process. Contractor may also be required
to conduct other screening and/or investigative measures at the request of the City. The
City has the right to refuse any personnel supplied by the firm. Any person employed by
the successful Proposer whom the Parking Director, in sole and reasonable discretion,
may deem temporarily or permanently incompetent or unfit to perform the work, shall be
removed promptly from the job and such person shall not again be placed with the City.
21. Contractor shall include its audit and internal controls including, but not limited to, the
following: code of conduct and a confirmation process; hiring and promoting of
employees; continuous training; fair and balanced discipline; implementing and monitoring
internal controls; having a strong and independent audit committee; and hiring effective
internal auditors. The City reserves the right to require Proposer to conduct investigative
measures, including audits, and/or surveillance, to ensure the integrity of the system and
their employees.
22. Contractor shall provide samples of its standard monthly, quarterly, and annual, reporting
forms. Said reporting may include, but is not limited to, any and all financial and/or
operational reporting to the City, including invoicing; employee attendance; etc.
23. The City will at no time be responsible for any overtime payroll expense incurred by the
Proposer unless the City authorizes said overtime in advance, in writing.
MOST FAVORED CUSTOMER
The successful proposer shall warrant and represent to the City that the prices, warranties,
benefits and terms set forth in the resulting contract negotiated between Proposer and the
City shall be at least equal to (or more favorable to) the City than the prices, warranties,
benefits and terms now charged or offered by the firm, or that may be charged or offered
during the term of the City contract for the same or substantially similar services as defined
in the contract.
lf at a time during the Term of the City contract, the successful Proposer enters into another
agreement on a basis that provides prices, warranties, benefits and terms more favorable
than those provided the City hereunder, then the successful Proposer shall, within thirty (30)
calendar days thereafter, notifo the City of such fact and, regardless of whether such notice
is sent by the successful Proposer or received by the successful Proposer or received by
the City, the City contract shall be deemed to be automatically amended, effective
retroactively to the effective date of the more favorable agreement, to provide the same
prices, warranties, benefits and terms to the City; provided that the City shall have the right
and option to decline to accept any such change, in which event such amendment shall be
deemed null and void.
RFP 20r 5-r 46-WG Poge 27
271
C.PERFORMANCE STANDARDS
Uniforms/Name-tags:
Proposer's employees must be in full uniform with their respective name{ag at the start of
their shift. Failure to do so may result in a request to replace said employee with one in
full uniform/nametag.
Customer Service/Conduct:
Employees must comport themselves in a respectful and courteous manner when
addressing the public/customers. Conduct unbecoming shall include: smoking, eating,
mobile phone use, rudeness, belligerence, hostility, quarrelsome, antagonistic,
aggression, sarcasm, contempt, and mocking. All employees shall further refrain from
smoking, eating, and/or drinking while on-duty. Complaints pertaining to customer service
including, but not limited to, the behavior outlined above shall be immediately addressed
by the firm.
The City reserves the right, at its sole discretion, to determine if the employee is unfit or
incompetent to perform the duties and may require the immediate removal of the
employee and replacement with another within one (1) hour of said request.
RESPONSIBILITY OF THE CITY
The City shall be responsible for the following:
The City will provide a clean and safe workplace.
The City shall provide Contractor with a calendar of events at the City of Miami Beach
Convention Center, The Fillmore at the Miami Beach Jackie Gleason, and New World
Symphony. The City shall also provide Contractor with a copy of the City of Miami Beach
annual calendar.
The City shall use reasonable business efforts to notify Proposer of any special events
and their specific parking requirements at least one week (seven calendar days) prior to
commencement of the event.
The City shall provide a comprehensive list of events requiring the staffing of surface
parking lots.
The City shall be responsible for all preventive maintenance; regular maintenance; and
repairs of all pay on foot stations.
The City shall provide a Parking Procedures Manual.
1.
2.
D,
1.
2.
3.
4.
5.
6.
RFP 20r 5-r 46-WG Poge 28
272
APPENDIX D
g MIAMIBEACH
Speciol Conditions
2015-1 46-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch. Florido 33,l39
RFP 2015-146-WG Poge 29
273
1.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.
PAYMENT FOR SERVICES RENDERED.
The City shall pay the Contractor a management fee, the direct cost of labor, plus any
authorized reimbursable expenses as indicated below.
1. Management Fee. The Proposer shall stipulate the management fee to be charged by
the Contractor, on a monthly basis, to the City for the services rendered under any
contract resulting from this RFP.
a. Management Fee lnclusions. The following shall be included in the proposed
Management Fee: profit and overhead costs; general and administrative
expenses; office rent and utilities; telephone and internet service; employee
training, including customer service, gated revenue control equipment; office
supplies; salaries, benefits and bonuses for office personnel and
management; depreciation on equipment; licenses and permits; advertising;
tools, equipment and vehicles (unless approved by City); taxes; insurances
(including workmen's compensation and unemployment insurance); charitable
and other contributions; travel and entertainment; public relations, gifts, dues
and memberships; any penalties, assessments or fines issues by any
regulatory agency, court or the city; employee social functions; employees
severance pay; fringe benefits not earned or accrued during the time of this
agreement or while employee has worked for the operator other than at the
facilities; charge-backs which resulted from the failure to apply controls as
described in the parking procedures manual; and any other cost not included
in the approved reimbursable list.
b. Management Fee Adjustment. The proposed management fee shall remain
constant for one (1) year from the contract's initial effective date. 60 days
prior to each anniversary date of the contract, the Contractor may submit to
the City a request for an adjustment to the preceding year's management fee
for the subsequent year. Only request for increases based on a corresponding
increase in the Consumers Price lndex for the local urban market (CP|-U), as
established by the United States Bureau of Labor Statistics will be considered.
ln the event that the City determines that the requested increase is
unsubstantiated, the Contractor agrees to perform all duties at the then current
cost terms. Requests for management fee adjustments shall be submitted to
the City's Procurement Department. lf the requested adjustment is approved
by the City Manager, the Procurement Department will notify the Contractor in
writing.
RFP 20r s-r 46-WG Poge 30
274
2.Direct Labor Costs. At the beginning of each contract year, or as modified during the
year by the City with 72 hour notice to Contractor, the City will stipulate to Contractor
the quantity and level (Attendant I or ll) of personnel required at each facility. The
number of Attendants I and ll shall be determined by the City. For the agreed to
personnel, the City shall reimburse the Contractor for direct labor costs as follows:
a. Attendant l. The City shall reimburse the Contractor the cost of Attendant I
personnel, on an hourly basis worked, in accordance with the City's then
current Living Wage rate, Should the Contractor choose to pay its employees
an hourly rate higher than the City's then current Living Wage rate, the City
will only be responsible for the applicable Living Wage rate.
b. Attendant ll, The City shall reimburse the Contractor the cost of Attendant ll
personnel, on an hourly basis worked, in accordance with the following
formula:
Attendant I Rate + 5% = Attendant ll Rate,
Reimbursable Expenses. The Contractor shall submit a proposed Reimbursable
Expense Budget to the City 30 days prior to the commencement of each contract year.
Prior to the commencement of each contract year, the Contractor and the City shall
agree on a budget for reimbursable expenses. On a monthly basis, the successful
proposer shall submit to the Parking Department a monthly expense report, certified by
an officer of the operator and in the format specified by the City. This report will serve
as a summary of the monthly reimbursable expenses, and as a monthly invoice. Only
expenses for which proof of payment is provided shall be reimbursed. Only actual
expenses shall be reimbursed; and, the use of estimates to substantiate monthly
expenses will be prohibited.
a. Authorized Reimbursable Expenses. The following services are required
and will be included as a reimbursable expense:
i. Pgect Manager Annual Salary - Proposer shall provide a full-time
on-site Project Manager with experience handling the type of
services requested by the City, who will have full authority to act on
behalf of the firm. The Project Manager shall be scheduled at the
sole and absolute discretion of the City and shall be available to
respond to requests from the City, on an as needed basis, 24 hours
a day/seven days a week. Prolect Manager's salary shall be
approved by the City and should be within the range of $55,000 to
$65,000,
ii. Payroll taxes, social security, Medicare taxes and other related
expenses that Contractor is required to withhold and/or to pay on
behalf of Attendant I and ll employees assigned to the City
employees. These must be itemized by employee.
iii. Government mandated insurance costs for Attendant I and ll
employees assigned to the City employees. These must be itemized
by employee.
RFP 20r 5-r 46-WG Poge 31
275
4.
5.
iv. Any training the City deems relevant and appropriate in its sole
discretion.
v. Motorist Assistance Program (MAP) which includes but is not limited
to flat tire assistance/repair, lock-out; fuel; battery jump start, and/or
towing of the vehicle to a service facility.
vi. Cardio Pulmonary Resuscitation (CPR) Certification for all contract
personnel,
vii. Mystery Shopper Reporting - An independent third party to perform
a minimum of ten (10) "Shopper" reports per month, system-wide. A
sample "Shopper" survey must be included in the Firm's proposal.
Shopper reports must specify that these are actual customers and
must be documented visits to one of the facilities where labor is
provided. Telephone calls for information or visits/interaction with
city staff is not permitted.
viii. Other expenses requested or approved by the City for items not
included in the management fee, including (but not limited to):
uniforms; dedicated vehicle; gas and maintenance for dedicated
vehicle; supplies utilized on City facilities; signs,
ADDITIONAL SERVICES. Services not specifically identified in this request may be
added to, or deleted from, any resultant contract upon successful negotiations and mutual
consent of the contracting parties, and approval by the City Manager.
PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against
damage to or loss of property belonging to the City of Miami Beach. lt is the responsibility
of the Successful Contractor to replace or repair any property lost or damaged by any of its
employees. The City of Miami Beach may withhold payment or make such deductions as
it might deem necessary to ensure reimbursement for loss or damage to property through
negligence of the Successful Contractor, its employees or agents.
CONT!NUITY OF SERVICES.
(a)The Contractor recognizes that the services under this contract are vital to the City and
must be continued without interruption and that, upon contract expiration, a successor,
either the City or another contractor, may continue them, The Contractor agrees to (1)
furnish phase-in training and (2) exercise its best efforts and cooperation to effect an
orderly and efficient transition to a successor,
(b)The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in,
phase-out services for up to 90 days after this contract expires and (2) negotiate in good
faith a plan with a successor to determine the nature and extent of phase-in, phase-out
services required. The plan shall specify a training program and a date for transferring
responsibilities for each division of work described in the plan, and shall be subject to the
Contracting Office/s approval. The Contractor shall provide sufficient experienced
personnel during the phase-in, phase-out period to ensure that the services called for by
this contract are maintained at the required level of proficiency.
6.
RFP 20r 5-r 46-WG Poge 32
276
7.
(c) The Contractor shall allow as many personnel as practicable to remain on the job to
help the successor maintain the continuity and consistency of the services required by this
contract, The Contractor also shall disclose necessary personnel records and allow the
successor to conduct on-site interviews with these employees. lf selected employees are
agreeable to the change, the Contractor shall release them to the successor at the
contract transition date mandated by the City.
THIRD PARTY FIDELITY BOND, Third Party Fidelity Bond in the amount of $500,000.00
will be required of the Successful Proposer. The Fidelity Bond shall be renewable annually
and on the options. The form of the bond shall be approved by the City Attorney and shall
be a corporate surety bond company licensed to do business in the State of Florida. The
City of Miami Beach must be included as the oblige for this bond,
RFP 20r 5-r 46-WG Poge 33
277
APPENDIX E
MIAMIBEACH
Cost Proposol Form
2015-1 46-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
RFP 20r 5-r 46-WG Poge 34
278
APPENDIX E
COST PROPOSAL FORM
Proposer affirms that the prices stated on this form represents the entire cost of the items, except as otherwise allowed
in this RFP, in full accordance with the requirements of this RFP, inclusive of its terms, conditions, specifications and
other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material
prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein
and has been exercised by the City Manager in advance. This Cost Proposal Form shall be completed mechanically
or, if manually, in ink. Proposal Tender Form completed in pencil shall be deemed non-responsive. All
corrections shall be initialed.
MANAGEMENT FEE PROPOSAL
* The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals.
Company:
Authorized Representative:
Address:
Telephone:
Email:
Authorized Representative's Signature:
RFP 20r 5-r 46-WG Poge 35
279
APPENDIX F
4 MIAMIBEACH
I nsuro nce Requirements
2015-1 46-WG
PARKING ATTENDANTS FOR CITY
PARKING GARAGES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
RFP 20r 5-r 46-WG Poge 36
280
g MIAMIBTACH
INSURANCE REQUIREMENTS
The Provider shall furnish to the Department of Procurement, City of Miami Beach, 1700 Convention
Center Drive, 3'd Floor, Miami, Florida 33139, Certificate(s) of lnsurance which indicate that insurance
coverage has been obtained which meets the requirements as outlined below:
A. Worker's Compensation lnsurance for all employees of the vendor as required by Florida
Statute 440.
B. Commercial General Liability lnsurance on a comprehensive basis, including Personal
lnjury 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.
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.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List
of All lnsurance Companies Authorized or Approved to Do Business in Florida" issued by
the State of Florida Department of lnsurance and are members of the Florida Guaranty
Fund.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in
advance notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17OO CONVENTION CENTER DRIVE
3RD FLOOR
MIAM! 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.
RFP 20r 5-r 46-WG Poge 37
281
R5
ORDINANCES
282
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Future Land Use Map (FLUM) and Zoning Map amendments from RM-1 to
CD-1 forthe block located along the southern boundary of 1Sth Street between LenoxAve and Lenox
Court.
T:\AGENDA\201S\April\1100 1sth Street FLUM and Zoning 1st Reading SUM.docx
AoENn* rreru 85A
Increase satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
ltem Summary/Recommendation :
FIRST READING PUBLIC HEARING
The proposed Ordinances would amend the designation on the Future Land Use Map (FLUM) of the
Comprehensive Plan and of the Zoning Atlas of the Land Development Regulations for the properties
located along the southern boundary of 15th Street between Lenox Ave and Lenox Court. The
proposed Ordinances would amend the designations from RM-1 (Low Density Multifamily Residential)
to CD-1 (Low lntensity Commercial).
On December 10, 2014, the Land Use and Development Committee recommended in favor of the
proposal.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) approve the proposed Future Land Use
Map amendment at First Reading and set the Adoption Public Hearing for May 6, 2015; and 3)
approve the Zoning Map amendment at First Reading and set a Second Reading Public Hearing for
2015.
On February 24, 2015, the Planning Board, via separate motions (vote of 6-0), transmitted the
attached proposals to the City Commission with a favorable recommendation. (Planning Board File
Nos. 2237 &2238\.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Clerk's Office
Thomas Mooney
MIAAAIBEACH DATE q-ls:/7283
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
CATEGORY PURSUANT TO SECTION 118.166 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, SECTION 163.3181, FLORIDA
STATUTES, AND SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF
LAND LOCATED AT 11OO 15TH STREET, AND WHICH tS COMPRISED OF
LESS THAN {O AGRES, FROM THE CURRENT "LOW DENSITY
MULTIFAM|LY RESTDENTTAL CATEGORY (RM-1)," TO THE FUTURE LAND
usE GATEGORY OF ,,LOW tNTENStry COMMERGTAL CATEGORY (cD-
1l;" PROVIDING FOR INCLUSION lN THE GOMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE G!ry
OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, REFERENCED IN SECTION 142.72 OF THE CODE OF THE
CIry OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 118.162,..PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE
ZONING DISTRICT CLASSIFICATION FOR A PARCEL OF LAND LOGATED
AT 11OO {sTH STREET, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT RM.I, "RESIDENTIAL MULTIFAMILY LOW
INTENSITY DISTRICT," TO CD-l, ,,COMMERCIAL, LOW INTENSITY
DISTRICT;" PROVIDING FOR CODIFICATION, REPEALER, SEVERABTL!ry
AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION :
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
approve the proposed Future Land Use Map amendment at First Reading and set the
Adoption Public Hearing for May 6,2015; and 3) approve the Zoning Map amendment at
First Reading and set a Second Reading Public Hearing for May 6,2015.
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
April 15,2015
1100 15th Street - Future Land
Map Amendment
READING - PUBLIC HEARING
Map (FLUM) Amendment and Zoning
284
Commission Memorandum
1 100 1 5th Streef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
Apfl 15,2015 Page 2 ol I
BAGKGROUND
On October 29, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred an item to the Planning Board and the Land Use and Development
Committee (ltem C4A), regarding the zoning classification of the south side of 15th Street
between Lenox Court and Lenox Avenue.
On December 10, 2014, the Land Use and Development Committee recommend that
the item be approved and referred to the Planning Board for consideration.
ANALYSIS
Currently, the south side of the 1 100 block of 1sth Street (that portion between Lenox
Avenue and Lenox Court) has a Zoning and Future Land Use Classification of RM-1
(Residential Multi-Family, Low lntensity). See attached map. Notwithstanding this land
use classification, the existing property contains legal non-conforming commercial uses.
The owner of the property has proposed that the site be re-zoned to CD-1 (Commercial,
Low lntensity), which is the same zoning and future land use classification of the
properties to the immediate north (across 15th Street) and west. The properties to the
immediate south and east are zoned RM-1, and would continue to provide a buffer from
single family zoned properties to the south of 1Sth Street along Lenox Avenue.
The CD-1 classification is a low intensity district that allows retail sales, personal
services, and shopping, designed to provide service to surrounding residential
neighborhoods. The existing uses within the subject property are consistent with this
purpose.
Planning and Zoning lssues
The RM-1 Future Land Use and Zoning designation generally only allows for residential
uses. The site currently contains a 'Contributing' commercial building in the Flamingo
Park Historic District. The building contains several retail and restaurant uses. The
current commercial uses on the site are not permissible uses pursuant to the
Comprehensive Plan and zoning regulations. The uses are legal non-conforming, since
they were in existence prior to the adoption of the Comprehensive Plan and Zoning
regulations. The proposed changes are necessary to make the existing uses
conforming.
Gity Gharter lssues
The request for changing the Zoning Map of the City, as well as the Future Land Use
Map of the City's Comprehensive Plan is affected by the following City Charter provision:
Sections 1.03 (c), which partially states:
The floor area ratio of any propefty or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as rt exrsfs on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by virtue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
285
Commission Memorandum
1100 1sth Sfreef - Future Land use Map (FLUM) Amendment and zoning Map Amendment
April15,2015 Page 3 of I
ln review of the floor area ratio limitation on the subject parcels, which are currently
zoned RM-1 (Residential Multifamily Low lntensity District), the following applies:
Sec. 142-155. - Development regulations and area requirements.
(a) The development regulations in the RM-l residential multifamily, tow density
district are as follows:
(1) Max. FAR:1.25
ln review of the proposed floor area ratio limitations on the subject parcels, with the
proposed CD-1, Commercial, Low lntensity District designation, the following would
apply:
Sec. 142-276. - Development regulations.
The development regulations in the CD-l commercial, low intensity district are
as follows:
Marximum Floor Area Ratio
1.0
Sec. 142-277. - Setback requirements.
d) Mixed use buildings: Calculation of setbacks and floor area ratio:
(2) Floor area ratio. When more than 25 percent of the total area of a
building is used for residential or hotel units, the floor area ratio range
shall be as sef forth in the RM-1 district.
The maximum FAR for buildings in the CD-1 district is 1.0, unless the building is mixed-
use, in which case, the FAR is guided by the maximum permissible FAR in the RM-1
district, which is the current designation of the site. Therefore, there is no change in the
maximum F.A.R. by the proposed zoning map change.
As the proposed zoning change to CD-1 does not increase the established F.A.R. for the
subject parcels, the requested amendment complies with the requirements of the
referenced Charter provision.
Comprehensive Plan lssues
The total land area involved in this application is 8,250 SF (0.189 acres). Under Section
163.3187 F.S., land use map amendments of less than 10 acres in size may be
considered "small-scale" amendments, which require only one public hearing before the
City Commission, which shall be an adoption hearing. Upon adoption, the local
government shall send a copy of the adopted small scale amendment to the State Land
Planning Agency so that the Agency can maintain a complete and upto-date copy of the
City's Comprehensive Plan. The amendment is effective 31 days after it is adopted if
there are no appeals.
286
Commission Memorandum
1 100 1sth Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 1 5. 2015 page 4 ol 8
lnterlocalAgreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The RM-1 future land use category allows a
density of 60 units per acre. The proposed CD-1 designation allows for the same
maximum residential density. Therefore a preliminary school concurrency review is not
necessary.
Currently there is no proposal for redevelopment on the site. lf there were a modification
that established residential units, final site plan approval is contingent upon meeting
Public School Concurrency requirements and the applicant will be required to obtain a
valid School Concurrency Determination Certificate (Certificate) issued by the Miami-
Dade County Public Schools. Such Certificate will state the number of seats reserved at
each school level. ln the event sufficient seats are not available, a proportionate share
mitigation plan shall be incorporated into a tri-party development agreement and duly
executed prior to the issuance of a Building Permit.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board by a vote of 6-0, transmitted the attached
proposals to the City Commission with a favorable recommendation.
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as uses will become conforming.
SUMMARY
The proposed amendment to the Future Land Use Map of the City's Comprehensive
Plan and the change to the Zoning Map will allow for the existing legally non-conforming
uses on the site to become conforming.
These amendments must be processed together, as they are interrelated to one
another; however, separate motions must be made for each application. The zoning
change proposed by these applications would enable the continued adaptive reuse of
the existing building.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the proposed Future Land Use Map amendment at First Reading and
287
Commission Memorandum
1 100 1 5th Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
Apfl 15,2015 page Sof I
set the Adoption Public Hearing for May 6,2015.
3. Approve the Zoning Map amendment at First Reading and set a Second Reading
Public Hearing for May 6, 2015.
rLMtmRMlRAM
T:\AGENDA\2015\April\1100 'lSth Street FLUM and Zoning -'lst Reading MEM.docx
288
Commission Memorandum
1100 1sth Sfreet - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 15, 2015 Page 6 ot I
Cig d Miami Beach Planning Board
File Nos.223l &2238
1100 1Sth street
t777,1 The gpplcant, BellSouth Telecommunications LLC, dft/a AT&T Florida, is requesting a
i//.t1t mqdili.rlion to a peviously issued Conditional Use Permit to rrcdify the layout and reduce
he size of the existing main use parking lot, F.rrsuant to Sedion 118 Article lV.
MIAMIBEACH
PLA Nt.I II{ G D E PA RTMEI{ T
colwENTloN CEMER m.NE U!{iil 8E{CH FLORJDA 3139 p 305. 6-13.7560
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Commission Memorandum
1 100 1 sth slreet - Future Land use Map (FLUM) Amendment and zoning Map Amendment
Apnl 15,2015 Paoe 7 ol I
Future l-and Use
(Existing)
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290
Commission Memorandum
1 100 1 5th Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 15, 2015 Page I of I
Future Land Use
(Proposed)
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RM.I
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Addrts3:
1100 llth Strcct
291
11OO lsTHSTREET - FLUM CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN PURSUANT TO
SECTION 1{8.166 OF THE CITY AND SEGTIONS 163.3181, AND
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FOR A PARGEL OF LAND LOCATED AT 11OO
15TH STREET, WHICH PARCEL IS COMPRTSED OF LESS THAN 10
ACRES, FROM THE CURRENT "LOW DENSIW MULTIFAMILY
RESTDENTTAL CATEGORY (RM-l)," TO THE FUTURE LAND USE
GATEGORY OF ,,LOW tNTENStTy COMMERCTAL CATEGORY (CD-
1);" PROVIDING FOR INCLUSION lN THE COMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the applicant, the City of Miami Beach, seeks to change the Future
Land Use Map category for the parcel located 1100 1sth Street, from the current "Low
Density Multifamily Residential Category' (RM-1), to the Future Land Use Category of
"Low lntensity Commercial Category" (CD-1); and
WHEREAS, amending the Future Land Use category relating to the subject
parcel as provided herein is necessary to ensure the use and development of the
property will be compatible with development in adjacent and surrounding areas, and will
contribute to the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the parcel as provided herein will ensure that new development is
compatible and in scale with the built environment, and is in the best interest of the City;
and
WHEREAS, the full legal description of the parcel is contained in Exhibit "A"
attached to this Ordinance, and a shortened description of the parcel will be codified in
the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the City's Future Land Use Map designations
for the property described herein is hereby approved and adopted and the Planning
Director is hereby directed to make the appropriate changes to the Future Land Use
Map of the City:
The parcel located at'1100 1Sth Street. approximatelv 8,250 square feet
(0.189 acres). deemed to be a small-scale amendment. from the current
"Low Densitv Multifamilv Residential Cateqorv" (RM-1). to the Future
Land Use Cateoorv of "Low lntensitv Commercial Cateqory" (CD-1). See
Exhibit A.
292
SECTION 2.REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECT!ON3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. INCLUSION IN COMPREHENSIVE PLAN
It is the intention of the City Commission, and it is hereby ordained that the
amendment provided for in Section I is made part of the Future Land Use Map of the
City of Miami Beach Comprehensive Plan, as amended; that the sections of this
Ordinance may be renumbered or relettered to accomplish such intention; and that the
word "ordinance" may be changed to "section" or other appropriate word.
SECTION 5. TRANSMITTAL
The Planning Director is hereby directed to submit this ordinance to the
appropriate state, regional and county agencies as may be required by applicable law.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect 31
163.3187 (2), Florida Statutes.
days after adoption pursuant to Section
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\2O1 5\April\1 1 00 15th Street FLUM - 1st Reading ORD.docx
-2-
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
293
Exhibit A
1100 1sth Street
0
I
75 150 300 Feet
rrrlrrrl
294
11OO lsTHSTREET - ZONING MAP CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 118.162,,.PETITIONS FOR CHANGES AND AMENDMENTS,'' AMENDING THE
OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142.
72 OF THE GIry CODE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT 11OO
15TH STREET, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT RM.l, "RESIDENTIAL MULTIFAMILY
LOW INTENSITY DISTRIGT," TO CD-l, "COMMERCIAL, LOW
INTENSITY DISTRIGT;" PROVIDING FOR CODIFIGATION,
REPEALER, SEVERABILIry AND AN EFFECTIVE DATE.
WHEREAS, the applicant, the City of Miami Beach, seeks to amend the Official
Zoning District Map designation for a parcel located 11OO 1sth Street, from the current
RM-1, "Residential Multifamily Low lntensity District," to CD-1, "Commercial, Low
lntensity District;" and
WHEREAS, amending the zoning designation of the subject parcel as provided
herein is necessary to ensure that the development of the property will be compatible
with development in adjacent and surrounding areas, and will contribute to the general
health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that rezoning of the subject
parcel will ensure that new redevelopment and renovation of existing structures are
compatible and in scale with the built environment, and is in the best interest of the City;
and
WHEREAS, the full legal description of the parcel being rezoned is contained in
Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will
be codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA:
SEGTION 1. The following amendments to the City's zoning map designations for the
properties described herein are hereby approved and adopted and the Planning Director
is hereby directed to make the appropriate changes to the zoning map of the City:
The parcel located at 1100 15th Street. aporoximatelv 8.250 square feet
(0.189 acres). from the current RM-1. "Residential Multifamilv Low
lntensitv District." to CD-1, "Commercial. Low lntensitv District." See
attached Exhibit A.
SECTION 2. REPEALER
,,All Ordinances or parts of Ordinances in conflict herewith be and the same are
295
hereby repealed.
SECT!ON3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. COD!FICAT!ON
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the amendment to the Future Land Use Map of the City's
Comprehensive Plan.
PASSED and ADOPTED this day of ,2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3$'15
Date
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\20'I S\April\1 100 15th Street Zoning Change - 1st Reading ORD.docx
-2-
296
Exhibit A
1100 1sth Street
75 '1500
I
300 Feet
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OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CIry ATTORNEY
TO:
COMMISSION MEMORANDUM
Mayor Philip Levine
Members of the City Commission
Gity Manager Jimmy Morales
FROM:
DATE: April 15,2015
SUBJEGT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 2 OF THE CODE OF THE
clTY oF MIAM| BEACH, ENTITLED "ADMINISTRATION," BY AMENDING
ARTIGLE I!, ENTITLED "GIry COMMISSION," BY AMENDING SECTION 2.12,
ENTITLED "MEETING AGENDAS" BY PROVIDING REQUIREMENTS FOR
MEETING AGENDA ITEMS AND THE EFFECT OF NONCOMPLIANGE,
ADDING SUBSECTION HEADINGS, AND RE.LETTERING SUBSECTIONS;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFIGATION, 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 Il, Chapter 2 of the City Code to require that items published in
a City Commission agenda shall include reasonably sufficient detail and information to
inform the City Commission and the public regarding the subject matter of the items in a
timely manner.
The Ordinance also provides minor housekeeping amendments by adding
subsection headings and relettering subsections. On first reading, the Ordinance was
amended by adding subsection 2-12(d) which provides that a failure to comply with the
city Attorney Raut J. Aguit;R Qgt l-a="oND READTNG /
Gity Clerk Rafael E. Granado U PUBLIC HEARING
Agenda ltem R,SB
Date Y-t s-,5301
provisions in Section 2-12 shall not invalidate any action or determination of the City
Commission or any City personnel, board, or committee.
As this Ordinance codifies housekeeping amendments and a best practices
policy, no fiscal impact is expected.
F:\ATTO\TURN\COMMMEMO\Commission Meetinq Aqenda 2nd Readinq.docx
302
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 ARTICLE
II, ENTITLED "CITY COMMISSION," BY AMENDING
SECTION 2-I2, ENTITLED "MEETING AGENDAS" BY
PROVIDING REQUIREMENTS FOR MEETING AGENDA
ITEMS AND THE EFFECT OF NONCOMPLIANCE, 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 best
practices 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
,F ,t ,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 government
303
(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 rulme 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.
(e) 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 attorney.
(c.) ,4genda irezs.' 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.
(d) 4ffecr: The validity of an), action or determination of the City Commission or City
personnel. board" or committee shall not be affected bv the failure of any person to comply with
the provisions of this section.
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.
304
SECTION 5. EFFECTIVE DATE.
Thisordinanceshalltakeeffectonthedayof-,20|5.
PASSED AND ADOPTED this _ day of _,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
Underline denotes additions
S+ri*e+*eugh denotes deletions
(Sponsored by Commissioner Micky Steinberg)
APPROVED AS TO
FORM & TANGUAGE
& FOR EXECUTION#jw,y
F:\ATTO\TURN\ORDINANC\Chaptor 2 Administration, Article II - City Comm Meeting Agenda 4-15-15 2'd Reading .docx
305
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306
Gondensed Title:
An ordinanceamending Divisions 1-4of Article lll, "Safe Neighborhood lmprovementDistricts,'contained in Chapter34
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 Shores Neiqhborhood lmorovement District.
COMMISSION ITEM SUMMARY
SEGOND READING PUBLIC HEARING
The Mayor and Commission voted in favor of the ordinance at its first reading at the March 11,2015
Commission meeting. This item is the second and final reading of the ordinance.
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 thatwould 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 power to 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 forthe 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.
Board Recommendation:
Streamline The Delivery Of Services Through All Departments
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item S ummary/Recommendation :
Financial lnformation:
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 State of Florida's Special
District Accountabilitv Office.
-Offis:
Department Director Assistanlcity Manager Gity Manager
#)4 Z fz*t
AGENDA rrem RSC
oor= /-/s_/ sMIAMIBEACH307
g MIAMI BEACH
FROM:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends adoption of the ordinance.
PREVIOUS ACTION
The Commission voted in favor of adopting this ordinance, with no amendments or concerns
raised, at its first reading at the March 11,2015 Commission Meeting. This item is the second
and final reading 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.
City of Miomi Beqch, I 200 Convention Center Drive. Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
Jimmy L. Morares, city Manag - 7@4>
April 15,2015 / (
SECOND READING PUBLIC HEARING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
M_laul BEAqH, ELOR|DA, AMENDTNG DIVISIONS I - 4, OF ARTICLE l[,..SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS," GONTAINED IN
CHAPTER 34, ENTITLED "COMMUNITY DEVELOPMENT" TO REPEALTHE FOLLOWING THREE DISTRICTS: THE MIAMI BEACH SAFE
NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 1, WITHIN AN AREA
CONTAINING APPROXIMATELY 820 AGRES AND COMPRISED OF THE
SOUTH POINTE REDEVELOPMENT AREA AND BY THE NATIONALLY
RECOGNIZED ARCHITEGTURAL DISTRIGT INCLUDING LINCOLN
ROAD; DISTRICT NO. 2 FOR THE NORTH SHORE COMMERCIALql_STBlgf, _CONSISTING OF 280 AGRES; AND DISTRIGT 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 PROPERW KNOWN AS THE NoRMANDY SHoRES
NEIGHBORHOOD IMPROVEMENT DISTRIGT (DISTRICT 4);- PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDINGFOR AN EFFECTIVE DATE.
308
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
April 15, 2015 Page 2
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 Neiohborhood 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
Road (see attached map);
2) Miami Beach Local Government Neiqhborhood 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 lmorovement 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 Neiohborhood 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 Waterway 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 collection 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.
309
City Commisslon Memorandum
Amending Safe Neighborhood I mprovement Districts
April 15, 2015 Page 3
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.
CONCLUSION
The Administration recommends the Mayor and City Commission approve the ordinance on this
second reading, which would be final approval for amending Chapter 34, entitled Community
Development at Article lll Safe Neighborhood lmprovement Districts at Divisions 1 through 4.
310
City Commrssion Memorandum
Amending Safe Neighborhood lmprovement Districts
April 15, 2015 Page 4
ATTACHMENT A
MIAMI BEAGH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 1
Y
l'frcorflIOAD -IALL -
311
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
April 15, 2015 Page S
ATTACHMENT B
MIAMI BEAGH SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT NO. 2
W
312
City Commission Memorandum
Amending Safe Neighborhood I mprovement Districts
April 15, 2015 Page 6
ATTACHMENT C
MIAMI BEAGH SAFE NEIGHBORHOOD IMPROVEMENT DISTRIGT NO. 3
mt DlsrBrcr *3
313
City Commission Memorandum
Amending Safe Neighborhood lmprovement Districts
April 15,2015 Page 7
ATTACHMENT D
NORMANDY SHORES LOCAL GOVERNMENT
NEIGHBORHOOD IMPROVEMENT DISTRIGT
314
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING DIVISIONS 1 .4, OF ARTICLEIII, "SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS,"
CONTAINED IN CHAPTER 34, ENTITLED *COMMUNITY
DEVELOPM ENT" 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 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 DTSTRICT (DISTR|CT a);
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY;
CODIFICATION;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 September 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
315
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 nowseeking 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 throuqh 34-150 Reserved.
ffi
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 distrietW
WinS-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
Page 2 of 7
316
(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 rnembers 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
and tineeln Read) eemprising the distriet; 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 beard ef direeters a
dget te aeeemplish the
distriet's ehieetives, ln fermulating a plan fer serviees er imprevements, the advisery
Gity respensible fer preparatien ef the distriet's plan,
DIVISION 3. RESERVED. _ DISTRrcT 2
Sec. 34-171 throuqh 34-175 Reserved.
See, 34 171, Greatien,
163,506; te inelude appreximately 280 aeres in an area eemprised ef the Nerth Shereffi
Page 3 of 7
317
ming-
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
See, 34 173, Finanees,
(a) The leeal gevernment neighberheed distriet ereated by this divisien is at+theri-ed te
fer a planning grant and up te an additienal $30,000,00 te empley the serviees ef
@
(a) The Gity Cernmissien is designated as the beard ef direeters ef the distriet ereated
by+his-divisien-
(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 e+npewered te undertake any and all aetivities
(a) An advisery beard is hereby established fer the leeal gevernment neighberheed
i
er residents ef the distriet er rnerehants/business persens with their primary plaees ef
74th 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 subrnit 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 4. RESERVED DISTRICT 3
ffi
Page 4of7
318
is created pursuant te F,S, S
163,506; te inelude appreximately 620 aeres in an area eernprised ef the Nerth Shere
Residential Distriet,
@
The leeal gevernment neighberheed imprevement distriet ereated by this divisien shall
ffi
(a) The leeal gevernment neighberheed distriet ereated by this divisien is autherized te
@
pr€pe*f
(e) The distriet is autherized te use speeial assessments pursuant te F,S, Ch, 170 te
(a) The City Gemmissien is designated as the beard ef direeters ef the distriet ereated
by+his-divisien-
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
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
direeters and shall submit within the time peried speeified by the beard ef direeters a
City respensible fer preparatien ef the distriet's plan,
DIVISION 5. DISTRICT 4.
Sec.34-201. Creation.
Page 5of7
319
Sec. 34-202 Board of Directors.
Sec. 34-203 Finances.
(a) District 4 is hereby authorized to levy an ad valorem tax on real and personal
orooertv of uo to two mills annuallv. but not to exceed $500 per parcel of property
to
) District 4 i
ion 163.514. Florida
rovements
ments
year, tosupportplanninq and implementation of District 4 improvements.
Sec. 34-204 Advisorv Council.
Sec. 34-205 Powers of District.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
Page 6 of 7
320
and it is hereby ordained that the provisions of this ordinance shall become and be
made part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or relettered to accomplish such intention, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SEGTION 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: March 11,2015
Second Reading: April 15, 2015
Underscore denotes new language
S+it<et++eugh denotes deleted language
(Sponsored by Commissioner Malakoff)
F:\ATTO\BOUE\Ordinances\Repeal of Safe Neighborhood District 1 and 2 [CORRECTED TITLE] 4-8-201S.docx
Page 7 of7
321
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OFFICE OF THE CITY ATTORNEY, Raul J. Aguila, City Attorney
lnteroffice Memorandum
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: April 15,2015
3il;*1A:le.- r 0s'(
Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CIry
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(a)(1)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. This Ordinance
was approved on First Reading by the Mayor and City Commission on March 11,2015.
Agenda ltem RSD
Date {-lS-15323
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 62 OF THE CIry
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(a)(1) TO
REMOVE THE EXCEPTION TO THE NONDISCRIMINATION PROVISIONS OF
THE CIry'S HUMAN RIGHTS ORDINANCE FOR CERTAIN PUBLIC
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,
maritaland 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 meetlng 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.
324
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry 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
OlVfSlOru O. =r""O,,on=
Sec. 62-113. Public accommodations.
(a) Nothing in this article shall be applied to+
(1) Diseriminatien en the basis ef sex in restreems' shewer reems, bathheuses, health spas er
similar faeilities; whieh are by their nature distinetly private; er dermitery ledging faeilities,
(2)' g 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. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
325
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
Strit<e+n+eugh denotes deleti ons.
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
t-ab^15
CityAttorney Date
NK
F:\ATTO\KALN\ORDINANCES\Human Rights Ordinance\Amendments to Exception to Public Accommodations Provisions of HRO.docx
3
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r.-r.-,
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OFFICE OF THE CIry ATTORNEY
RAULJ, AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
u,
TO:
FROM:
DATE:
Mayor Philip Levine and Members offrhe City C
Jimmy L. Morales, City Manager
Raul J. Aguila, City Attorney e
April 15,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF M!AM! BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES," ARTICLE !V, ,,VESSELS,"
SECTION 66.151, "LAUNCHING AND HAULING," TO PROHIBIT DOCKING,
SECURING, EMBARKING OR DISEMBARKING VESSELS AT MUNICIPAL
OR PUBLIC SEAWALLS, WHARFS, DOCKS OR BULKHEADS IN
RESIDENTIAL NEIGHBORHOODS, CREATING EXCEPTIONS, PROVIDING
FOR REPEALER; CODIFICATION; 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 Members. This item was approved
at First Reading on March 11,2015 by the City Commission.
GONCLUSION
To approve at second reading, after public hearing, the proposed amendment to Chapter 66, of
the Code.
Agenda nem RS E
oate !-lElji329
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING GHAPTER 66,..MARINE STRUGTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-151, ,,LAUNCHING AND HAULING," TO
PROHIBIT DOCKING, SECURING, EMBARKING OR DISEMBARKING
VESSELS AT MUNICIPAL OR PUBLIC SEAWALLS, WHARFS,
DOCKS OR BULKHEADS IN RESIDENTIAL NEIGHBORHOODS,
CREATING EXCEPTIONS, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILIry 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 8,2011, 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
COMMISSION OF THE CIry 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 residential sing+eaami$ 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 single-famt{y neighborhood, except in case of
emergency involving safety to life or property.
(2) Enforcement and penalties.
1of 3
330
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 department 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 officer 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
331
Any party aggrieved by a decision of a special master may appeal that decision
to a court of competent jurisdiction.
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. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. Severability.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of March, 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
3-l- tt
Date
First Reading.
Second Reading:
Underscore denotes new language.
Strikethreugh denetes deleted lang uage.
[Sponsored by Commissioner Michael Grieco].
F:\ATTO\BOUE\Ordinances\Docking Ordinance All Residential - Neighborhoods 12-5-12.doc
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334
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 safely to all who live, work,
335
I.-. /-- aI-'rl-r
1915.20t5
M\I/\AAIBEACH
OFFICE OF THE CIIY MANAGER
No.LTC# 00q-20tf LETTER TO COMMISSION
TO: Mayor Philip Levine and Members of
FROM; Jimmy L. Morales, City Manager
City Com
DATE: January 6,2015
SUBJECTT GLBT Business Enhancement '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
tsJ-€) cn Y"!
i-. }! ,i
i- dL --tn- I t:.i', C'\ I t
<r\ rc ,:l
c) :3H ri-q l\)a1 t' *-Jri l\)l..i c3
336
MIAMI BEACH
LGBT Business Enhancement Committee
Committee Chair, Thomas Barker.
Members:
Thomas Barl<er
Nellda Barrlos
Michael Bath
Cindy Brcwn
Dale Stine
Edlson Farrow
David Leeds
Jorge Richa
Chad Rlchter
Ellzabeth
Schwarlz
Laura Veltla
RonaldWoltr
MarkWylle
JamesWelngaften
SfaffLlalsons;
Vanla Pedrala
Juan Sanchez
Roh Rosenwald
January6,2015
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 Gommittee, 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.
337
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 2, ARTICLE 111, OF THE MIAMI BEACH CITYCODE, 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.
WHEREAS, the GLBT Business Enhancement Committee serves many
important functions related to the lesbian, gay, bisexual, and transgender community
in the City of Miami Beach; and
WHEREAS, at its regular meeting in February 2015, the Committee passed a
motion requesting that the Mayor and City Commission change the name of the
Committee to "LGBT Advisory Committee."
NOW, THEREFORE, BE !T DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CIry OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Chapter 2, Article III, of the Miami Beach City Code, Division 32
thereof, and Sections 2-190.144 through 2-190.147 thereto, is hereby amended as
follows:
DIVISION 32, (LGBT)
ADVISORY COMMITTEE BUSINESS ENHANCEMENT EOMMITTEE
SECTION2-190.144. CommitteePurpose.
The purpose of the LGBT Advisorv Committee is to
provide guidance and advice to the City Commission and the City Manager with
recommendations on initiatives to be implemented and supported by the City
regarding a variety of issues to ensure the welfare and future of the Miami Beach
GLBF LGBT Community.
SECTION 2-190-145. Powers and Duties.
The Committee shall make advisory recommendations to the City Commission and
the City Manager on initiatives to be implemented and supported by the City
regarding a variety of issues to ensure the well being and quality of life of the Miami
Beach GtBf LGBT Community.
338
SECTION 2-190-146. Composition.
The Committee shall consist of fifteen (15) voting members, with three (3) members
to be directly appointed by the Mayor, and two (2) members to be directly appointed
by each City Commissioner. Notwithstanding the preceding sentence, the initial
membership of the Committee shall be comprised of those current members of the
Mayor's Gay Business Development Committee, choosing to serve on the
Committee, with any additional members (as required to complete the total number
of members of the Committee) to be appointed at large by a majority vote of the City
Commission.
SECTION 2-190-147. Supporting Departments.
The Office of the City Manager will provide staff support for the Committee. The
City Attorney's Office shall serve as legal counsel to the Committee.
SECTION 2. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid; the
remainder shall not be affected by such invalidity.
SECTION 4. 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:
Underline denotes additions
S+ri*e$reugh de notes de letions
[Sponsored by Commissioner Grieco]
F:\ATTO\BOUE\Ordinances\Ordinance renaming GLBT Bus Enhancement Comm to LGBT Advisory Committee.docx
13'15
339
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lntended Outcome S
Item Summary/Recommendation :
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending Chapter 82, entitled, "Uses in Public Right-of-Way" Division 2,
entitled, "Temporary Obstructions"; amending permit requirements; enforcement and penalty
provisions for temporary obstructions on the public right of way in violation of permit
ents, providinq for codification , severabilitv, and an effective date.
(1) Enhance Pedestrian Safety Universally; and (2) Ensure Comprehensive Mobility
Addressing All Modes Throuqhout the City.
Supporting Data (Surveys, Environmenta! Scan, etc.)
Citywide procedure was implemented on January 2015 to ensure the maximization of traffic
flow on Major Thoroughfares (MT), particularly during Rush Hours Monday through Friday,T
a.m. through 7 p.m. ln addition, 74o/o of residents and72o/o of businesses rate the availability
of parking across the City as "too little or much too little."
On March 11,2015, the Mayor and Commission discussed the proposed ordinance and
unanimously approved the ordinance on First Reading. The unregulated obstruction of
streets and sidewalks pose a hazard and inconvenience to pedestrians and motorists within
the City of Miami Beach. Section 82-151 of the City Code provides that "no person or entity
shall obstruct or cause to be obstructed any street or sidewalk in this city or impede the
general movement of vehicular or pedestrian traffic thereon without first obtaining a permit
from the city's public works department". Sections 82-151(c) and (d) impose several
requirements on applicants for permits for temporary obstruction of the public right-of-way.
The only penalty identified in Section 82-151 is that a willful violation of the permit conditions
shall render the permit null and void. ln the interest of promoting the free flow of vehicular
and pedestrian traffic, this Ordinance provides that the City's Code Compliance Department
and Parking Department shall enforce Section 82-151 and amends the penalty provisions for
violations of Section 82-151.
Administration Recommendation: Approve the attached Ordinance at Second and
Final Public Heari
Financial lnformation :
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmpact Summary: Marginal. Will be addressed with currenUexisting resources.
extension
Department DirqQtor 4 pt City Man;ger Gity I anager
EC 7i'SFV Hc \x.,MIT
KGB H (%JLM -[x
T:\AGENDAI20't 5\April 1 S\ROWT :cond FinalPub'l-rcHearingApr'1 520 1 5.sum.dof
I
AGEILI rrem RS C-E MIAMIBEACH oare 9-ts lS341
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISS MEMORANDUM
To: Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: April 1 5,2015
SUB]ECT: AN ORDINANCE OF THE MAY
MIAMI BEACH, FLORIDA,NG CHAPTER 82 OF THE CODE OF THE
CITY OF MIAMI BEACH,D "PUBLIC PROPERTY," BY AMENDING
ARTICLE IV, ENTITLED "USES IN PUBLIG RlGHTS.OF.WAY," BYAMEND!NG
DIVISION 2, ENTITLED "TEMPORARY OBSTRUCTIONS," BY AMENDING
SECTION 82.151THEREOF, 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, CODIFIGATION, AND AN
EFFECTIVE DATE. [Sponsored by Commissioner Michae! Grieco]
ADMINISTRATION REGOMMEN DATION
The Administration recommends that the City Commission approve the attached Ordinance
on Second and Final Public Hearing.
BACKGROUND
On March 11,2015, the Mayor and Commission discussed the proposed ordinance and
unanimously approved the ordinance on First Reading.
The unregulated obstruction of sidewalks and streets poses ahazard and inconvenience to
pedestrians and motorists within the City of Miami Beach. Section 82-151 of the City Code
provides that "[n]o person or entity shall obstruct or cause to be obstructed any street or
sidewalk in this city or impede the general movement of vehicular or pedestrian traffic
thereon without first obtaining a permit from the city's public works department." Sections 82-
151(c) and (d) impose several requirements on applicants for permits for temporary
obstruction of the public right-of-way. The only penalty identified in Section 82-151 is that a
willful violation of the permit conditions shall render the permit null and void.
ANALYSIS
ln the interest of promoting the free flow of vehicular and pedestrian traffic, this Ordinance
provides that the City's Code Compliance Department and Parking Department shall enforce
Section 82-151 and amends the penalty provisions for violations of Section 82-151. The
proposed penalties include civil fines of $1 ,000 for a first violation within a 12-month period,
$5,000 for a second violation within a 12-month period, and $10,000 for a third violation
within a 12-month period.
D AND FINAL PUBLIC HEARING
CITY COMMISSION OF THE CITY OF
342
City Com m ission Me mora n d u m
ROW Temporary Obstructions Requirements, Enforcement, & Penalties -
Second Final Public Hearing
April 15, 2015
Page 2 of 2
The Ordinance provides that a fourth or subsequent violation within a 12-month period shall
constitute an offense enforceable pursuant to Section 1-14 of the City Code, which would be
deemed a second degree misdemeanor pursuant to Florida Penal Law. The Police
Department shall enforce the Ordinance to the extent that the Ordinance provides that a
fourth or subsequent violation shall subject a violator to the enforcement provisions of
Section 1-14.
Due to the serious public safety implications of obstructing sidewalks and streets, the
Ordinance also provides for enhanced penalties against persons or entities violating the
ordinance. lf a violation occurs within the course and scope of the violator's employment, a
notice of violation shall be issued to both the violator and the person or entity employing the
violator, who shall be jointly and severally liable for the violation. Additionally, the Public
Works Department shall decline to issue, for the period of one year, atemporary obstruction
of right-of-way permit to any person or entity that has violated Section 82-151three or more
times within a 12-month period.
CONCLUSION
The Administration recommends the Mayor and Commission approve the attached
Ordinance on Second and Final Public Hearing.
,.rrrrrrr,krdgiltrp
T:\AGENDA\201S\April15201S\ROWTemporaryObstructionsSecondReadingAprl520l5.cme.doc
343
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82 OF THE
CODE OF THE CITY OF MIAMI BEACH, ENTITLED "PUBLIC
PROPERTY," BY AMENDING ARTICLE IV, ENTITLED "USES IN
PUBLIC RIGHTS.OF.WAY," BY AMENDING DIVISION 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 IN VIOLATION OF PERMIT
REQUIREMENTS; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the unregulated obstruction of sidewalks and streets pose a hazard and
inconvenience to pedestrians and motorists within the City of Miami Beach; and
WHEREAS, Section 82-151 of the City Code provides that "[n]o person or entity shall
obstruct or cause to be obstructed any street or sidewalk in this city or impede the general
movement of vehicular or pedestrian traffic thereon without first obtaining a permit from the city's
public works department"; and
WHEREAS, Sections 82-151(c) and (d) impose several requirements on applicants for
permits for temporary obstruction of the public right-of-way; and
WHEREAS, currently, the only penalty identified in Section 82-151 is that a willful
violation of the conditions of a permit issued under Section 82-151 shall render the permit null
and void; and
WHEREAS, in the interest of promoting the free flow of vehicular and pedestrian traffic,
this Ordinance provides that the City's Parking Department and Code Compliance Department
shall enforce Section 82-151 and amends the penalty provisions for violations of Section 82-
151.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Division 2 of Article lV of Chapter 82 of the Code of the City Miami Beach is
hereby amended as follows:
CHAPTER 82
PUBLIC PROPERTY
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344
DIVISION 2. Temporary Obstructions
Sec. 82-151. Permit required.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Right-of-way means land in which the state, the state department of transportation, the
county or the city owns the fee or has an easement devoted to or required for use as a
transportation facility or street.
Sidewalk means that portion of the right-of-way located between the curbline on the
lateral line of a street and the adjacent property line and which is intended for use by
pedestrians.
Sfreef means that portion of the right-of-way improved, designed or ordinarily used for
vehicular and/or pedestrian traffic.
(b) Permit required. No person or entity shall obstruct or cause to be obstructed any
street or sidewalk in this city or impede the general movement of vehicular or pedestrian traffic
thereon without first obtaining a permit from the city's public works department as provided in
this section.
(c) Permit requiremenfs. Permits for temporary obstruction of the public right-of-way
shall be issued within ten days ef the filing ef a-eempleted applieatien and upon completion of
the following requirements:
(1)The applicant shall file a completed application and shall execute a form
approved by the city attorney agreeing to indemnify, defend, save and hold
harmless the city, its officers and employees, from any and all claims, liability,
lawsuits, damages and causes of action which may arise out of this permit, or the
permittee's activity on the demised premises.
(2) The permittee agrees to obtain and maintain for the entire period, at its own
expense, the following:
a. Commercial general liability insurance in the amount of $500S00S0
$1.000,000.00 per occurrence for bodily injury and property damage for
construction activities located on city property. The city must be named as an
additional insured on this policy, and an endorsement must be issued as part
of the policy reflecting this requirement.
b. Workers' compensation and employersl liability insurance as required by the
state.
All policies must be issued by companies authorized to do business in the state
of Florida and rated B+; or better for financial strenqth and classed as financial
size cateqory Vl or better per the latest edition of Best's Key Rating Guider-latest
editioe. The city must receive 30 days' written notice prior to any cancellation,
nonrenewal. or material change in the coverage provided.
345
The permittee must provide and have approved by the city's risk manager an
original certificate of insurance as evidence that the above requirements have
been met prior to receivinq a p-ermit and commencing the proposed activity.
The city's risk manager shall be authorized to lower the amount of general liability
insurance required upon a showing by the applicant that the amount set forth
above is excessive under the circumstances for a particular activity.
(3) The applicant shall post a cash deposit with the public works director in the
estimated amount needed to pay for any damage to public property and costs for
garbage, trash. and debris removal which may be necessary as a result of the
applicant's use of the right-of-way for the proposed activity; the amount of the
required deposit shall be determined by the public works director. The deposit
shall be used by the city only if the applicant fails to repair any damage and/or
remove garbage, trash. and debris resulting from the permitted activity. Any
unused portion the+eef of the deposit shall be promptly returned to the applicant.
(4) A fee as specified in appendix A shall accompany each application. Additionally,
any cost for obstruction of metered parking spaces will be determined as a
separate cost by the metered parking director and must be deposited with the
city prior to issuance of a permit. Following submittal of the application, the public
works department shall determine the final permit fee, which shall be the higher
of:
a. A fee as specified in appendix A; or
b. The market value of the area to be closed or occupied, pursuant to a
certified appraisal.
The applicant shall pay, prior to permit issuance, any additional permit fee
required if the final permit fee based on market value is higher than the fee as
specified in appendix A. Unless the department determines that seeking a
certified appraisal would not be cost effective, the department must obtain an
appraisal; if no certified appraisal is obtained. the fee as specified in appendix A
shall apply.
(5) No permit shall be issued if the public works, police, and/or fire departments
determine that such activity would constitute a danger to public health and/or
safety.
16) Appeals. Appeals from the determination of the deposit amount required bv the
public works director and appeals from the denial of a permit shall be to the citv
manaoer or his desiqnee. Alternativelv. the citv commission mav, bv resolution,
appoint a special master to hear such appeals. The appeals shall be conducted
pursuant to the procedures set forth in sections 102-384 and 102-385.
Applications for hearinqs must be accompanied bv a fee as approved bv a
resolution of the citv commission, which will be refunded if the applicant prevails
in the appeal.
(d) Permit conditions. Permits issued pursuant to this section shall set forth any
conditions necessary for the protection of property and public safety. Willful violation of the
346
permit conditions shall render the permit null and void, and subiect the violator to enforcement
and oenalties. as provided in subsection (e\.
e
102 384 and 102 385, Applieatiens fer hearings must be aeeempanied by a fee as appreved by
P e n alti e s and e nfo rce ment.
(l-) Penalties for violations. The followinq penalties shall be imposed for a violation of
subsections (b), (c)(1) throuqh (cXS). or (d):
a. The penaltv for the first violation bv a person or entitv within a 12-month
period shall be a civil fine of $ 1,000.00:
b. The penaltv for the second violation bv a person or entitv within a 12-
month period shall be a civil fine of $ 5.000.00:
c. The penaltv for the third violation bv a person or entitv within a 12-month
period shall be a civilfine of $ 10,000.00:
d. The fourth or subsequent violation bv a person or entitv within a 12-month
period shall constitute an offense enforceable pursuant to section 1-14 of
this Code.
(!) Enforcement. The Code Compliance Department or Parkino Department shall
enforce subsections (b). (c)(1) throuqh (c)(5). and (d). This shall not preclude
other law enforcement agencies or reoulatory bodies from anv action to assure
compliance with this section and all applicable laws. lf a parkinq enforcement
specialist or a code compliance officer finds a violation of subsections (b). (cX1)
throuqh (cX5), or (d). the parkinq enforcement specialist or the code compliance
officer shall issue a notice of violation in the manner prescribed in chapter 30 of
this Code. The notice shall inform the violator of the nature of the violation.
amount of fine for which the violator is liable, instructions and due date for payino
the fine. that the violation mav be appealed bv requestins an administrative
hearinq before a special master 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 rioht to a hearinq.
(Q Riohts of violators: oavment of fine: riqht to appear: failure to pav civil fine or to
appeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect to
either
pav the civil fine in the manner indicated on the notice of violation,
or
request an administrative hearino before a special master to
t
ii.
347
appeal the notice of violation, which must be requested within ten
davs of the service of the notice of violation.
b. The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73. Applications for
hearinqs must be accompanied bv a fee as approved bv a resolution of
the citv commission, which shall be refunded if the named violator
prevails in this appeal.
c. lf the named violator, after issuance of the notice of violation, fails to pav
the civil fine. or fails to timelv request an administrative hearino before a
special master. the special master mav be informed of such failure bv
report from the officer. The 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 rioht to an administrative hearing before the
special master, and shall be treated as an admission of the violation, for
which fines and penalties shall be assessed accordinslv.
d. A certified copv of an order imposinq a fine mav be recorded in the public
records, and thereafter shall constitute a lien upon anv real or personal
propertv owned by the violator, which mav be enforced in the same
manner as a court iudgment bv the sheriffs of this state, includinq levv
aoainst the violator's real or personal propertv, but shall not be deemed to
be a court iudoment except for enforcement purposes. On or after the
sixtv-first dav followinq the recordinq of anv such lien that remains unpaid,
the Citv mav foreclose or otherwise execute upon the lien.
e. Anv partv aoqrieved bv a decision of a special master mav appeal that
decision to a court of competent iurisdiction.
L The special master shall be prohibited from hearinq the merits of the
notice of violation or considering the timeliness of a request for an
administrative hearinq if the violator has failed to request an
administrative hearino within ten davs of the service of the notice of
violation.
91, The special master shall not have discretion to alter the penalties
prescribed in subsection (e)(1) or (e)(4).
([) Enhanced penalties. The followinq enhanced penalties shall be imposed, in
addition to anv mandatorv fines set forth in subsection (e)(1) above. for violations
of subsection (b), (cX1) throuqh (c)(5), or (d):
a. Enhanced penalties for violations of subsection (b). (c)(1) throuqh (c)(5),
or (d):
!. A notice of violation of subsection (b), (c)(1) throuqh (cXS), or (d)
shall be issued to the person or entitv obstructino or causino to
obstruct anv street or sidewalk in this citv or impedinq the oeneral
movement of vehicular or pedestrian traffic thereon and. if the
violation occurred within the course and scope of the violator's
348
emplovment, a notice of violation shall also be issued to the
person or entitv emplovinq the violator, who shall be iointlv and
severallv liable for the violation.
ii. The public works director shall decline to issue, for a period of one
vear from the date of the violation, a temporarv obstruction of
riqht-of-wav permit to such person or entitv that has violated
subsection (b), (c)(1) throuqh (c)(5), or (d) three or more times
within a 12-month period.
(0 Exemptions. The requirements of this section shall not apply to parades as
defined in section 106-346, filming, newsracks, sidewalk cafes, special events, telephones.and
or to any other person obstructing the public rightof-way pursuant to a city permit or franchise.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby 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. EFFECTIVE DATE.
This Ordinance shalltake effect on the
PASSED AND ADOPTED this
ATTEST:
day of 2015.
day of ,2015.
Mayor Philip Levine
Rafael E. Granado, City Clerk
(Sponsored by Commissioner Michael Grieco)
Underline denotes additions
S+ike+n+eugh denotes deletions
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COMMISSION ]TEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the
City of Miami Beach Comprehensive Plan and Chanqes to the Zoninq Districts Mao.
T:\AGENDA\201 87th Terrace Comp Plan Amnd and Zoning Change - 1st SUM O&C.docx
AGENDA rrErr 85 H
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
oroMh manaoement across the Citv.
SupportingData(Surveys,EnvironmentalScan,etc48o/oofresidentialre@
businesses rate the effort put forth bv the Citv to reoulate
Item Summary/Recommendation:
FIRST READING. PUBLIC HEARING
The proposed Ordinance amendments would:1. Amend Policy 1.2 of the Future Land Use Elementof the Comprehensive Plan of the City of
Miami Beach by modifying the Parking (P) Future Land Use Category to allow for residential
uses when abutting a land use category that permits such uses.
2. Change the Zoning District Classification for a parcel of land located at226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
lntensity" District;
The Administration recommends that the City Commission open and continue the item to date certain
ofJune 10.2015
On August 26,2014 the Planning Board recommended approval of the subject Ordinancei nV a vote
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Financial lnformation:
Source of
Funds:
Amount Account
I
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
MIAMIBEACH DArE q-l\-(S351
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: April 15, 2015
SUBJECT: 226 87rh Terrace
Plan Amendment
Parking (P) Category - Comprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 of the Future
Land Use Element of the Comprehensive Plan of the City of Miami Beach
pursuant to the procedures in section 163.3184(3), Florida Statutes, by modifying
the Parking (P) Future Land Use Category to allow for residential uses when
abutting a land use category that permits such uses.
226 87th Terrace - Zoning Map Change. The applicant, the City of Miami
Beach, is requesting an amendment to the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida,
pursuant to Section 118-162, "Petitions for Changes and Amendments," by
changing the Zoning District Classification for a parcel of land located at 226 BTth
Terrace, and which is comprised of less than 10 acres, from the current GU,
"Government Use District", to RM-2, "Residential, Multifamily Medium lntensity"
District.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the item to
a date certain of June 10,2015.
BACKGROUND
On June 11, 2014, at the request of Commissioner Deede Weithorn, the City
Commission referred a discussion item to the Land Use and Development Committee
(ltem C4J), regarding the rezoning of City-Owned land. Additionally the matter was
referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed rezoning.
A proposal has been put forward, in combination with the privately held parcel to the
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
the City
READING PUBLIC HEARING
Parking Category - Gomprehensirie I
226 87tn Terrace Zoning Map Ghange
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Commission Memorandum
226 9/h Terrace - Parking category comprehensive plan Amendment & Zoning Map change
April 15, 2015
immediate south, for a new main use parking structure. A re-zoning of the City owned
'GU' property is necessary in order to provide a consistent zoning designation for the
combined, larger site. Additionally, a Comprehensive Plan Amendment to allow for
residential uses in the 'Parking (P)' future land use category when it abuts a land use
category that allows residential uses is required to maintain consistency between the
Land Development Regulations and the Comprehensive Plan as required by Section
163.3201, Florida Statutes.
On November 19, 2014, the City Commission opened and continued the item on First
Reading to a date certain of December 17,2014. On December 17,2014, the item was
continued to a date certain of February 11,201s. On February 11r,2ols, the item was
continued to a date certain of April 15, 2015.
ANALYSIS
The Proposal
The subject property at 226 87th Terrace is currently zoned "GU Government Use
District" and is owned by the City. The subject site, which is sandwiched between Collins
and Harding Avenue on the northern boundary of the City, contains an open lot on the
west and a public parking lot on the east side. To the immediate south of the subject GU
site is a parking lot (zoned RM-2) owned by 8701 Collins Development, LLC, which is
also the owner of the "Biltmore Terrace" and adjacent parking lot to the east at 8701
Collins Avenue.
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. The following is iequested as
part of the subject applications:
1. A Comprehensive Plan Amendment to allow for residential uses in the parking
(P) Category future land use designation, to allow that designation to be
compatible with the surrounding residential categories.
2. A re-zoning of the city owned 'GU' property to 'RM-2', which is necessary in
order to provide a consistent zoning designation for the combined, larger site.
A separate code amendment is pending before the Planning Board that proposes to: (i)
establish regulations for main use garages and sign criteria for ground floor commercial
uses in parking garages located in the RM-2 district adjacent to North Shore Open
Space Park; and (ii) establish a process in which the City may erect City ldentification
Signs near the City's main entry points.
The proposed main use garage would include a mix of at least 100 public parking
spaces, private parking spaces, ground floor commercial uses, and residential uses. The
proposed building would also incorporate entrance signage for the City. The goal of the
development is to provide a signature building at the entrance to the Ciiy tnat witt
facilitate pedestrian activity in the area, encourage the public's use of the beach and the
North Shore Open Space Park, while enhancing the supply of public parking in the area.
Regardless of the subject ordinance, any development proposed for the site will be
subject to design review and site plan approval.
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226 8/h Terrace - Parking category comprehensive Plan Amendment & Zoning Map change
April 15, 2015 Page 3 ot 9
Planning and Zoning lssues
The "Parking (P)" future land use category provides for the following:
Purpose: to provide development opportunities for existing and new parking
facilities.
Uses which may be permitted; Parking facilities and commercial uses when
located on frontage opposite a land use category that permits commercial use.
The proposed development complies with this purpose, as it will be a main use garage.
However, residential uses are presently not permitted in this category. This can result in
garages that are incompatible with surrounding communities, especially if a garage is
located in an area that is primarily residential. Therefore an amendment is required in
order to ensure that main use garages that are compatible with the surrounding
residential districts. lt should be noted that for other sites with a future land use
designation of Parking (P), a zoning change or amendment will be required if they are
designated GU in order to have residential uses.
The GU zoning only allows government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and
culturalfacilities; monuments and memorials. Residential uses within a main use garage
would not be permitted by the present Comprehensive Plan and zoning regulations, and
requires an amendment to the permitted uses in the future land use category and a
change to the zoning designation that would allow the desired residential use as a main
permitted use.
It is proposed that the Parking (P) future land use category be amended to allow for
residential uses subject to the density of the lowest abutting residential land use
category. lt is also proposed that the subject property be rezoned from "GU Government
Use District" to the "RM-2 Residential, Medium lntensity" district, as that would allow
both the residential use and parking garages. The proposed changes are compatible
with the properties abutting the site along Collins Avenue and Harding Avenue which are
zoned for multifamily residential uses.
City Gharter lssues
The request for changing the Zoning Map of the City is affected by the following City
Charter provision: Sections 1.03 (c), which partially states:
The floor area ratio of any propefty or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as rt exlsfs on the date of adoption of this Chafter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by virtue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
ln review of the floor area ratio (F.A.R.) limitation on the subject parcels, which are
currently zoned GU (Government Use), the following applies:
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Commission Memorandum
226 8/h Terrace - Parking category comprehensive plan Amendment & zoning Map change
April 15, 2015
Sec. 142-425 (a). Development regulations.
The development regulations (setbacks, floor area ratio, sryns, parking, etc.) in
the GU governmenf use district shatt be the average of the reqiirements
contained in the surrounding zoning dr.sfricfs as determined by the ptanning and
zoning director, which shall be approved by the city commission.
The abutting zoning of the subject parcel, which is used to calculate the F.A.R. of the
parcel, is RM-2, which allows a maximum F.A.R. of 2.0. As the proposed zoning change
to RM-2 does not increase the established F.A.R. for the subject parcels, the requested
amendment complies with the requirements of the referenced Charter provision, subject
to City Commission approval. ln addition, the proposal is for a main use garage, wfricn
is not subject to the F.A.R. limits of the underlying zoning district pursuint to Section
130-68 (6) of the Land Development Regulations.
Gomprehensive Plan lssues
This application includes a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
lnterlocalAgreement for Public Schoot Facility ptanning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The Parking (P) future land use category as
proposed will allow a density limited by the lowest abutting residential district, wniin in
this case will be that of RM-1 or 60 units per acre. The lot area of this parcel is 0.35
acres. Based upon this data, the maximum number of units that could be developed for
this area is 21 units. The 0.35 acre lot to the south (7925 Collins Avenue) with an
underlying RM-2 future land use designation allows for a maximum density of 100 unitsper acre, or a total of 35 units. At this time, it is expected that the proposal for the
combined site will contain approximately 24 units, which is less than the maximum
number of units allowed on the existing RM-2 site.
Final site plan approval is contingent upon meeting Public School Concurrency
requirements and the applicant will be required to obtain a valid School Concurrency
Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools.
Such Certificate will state the number of seats reserved at each school level. ln the
event sufficient seats are not available, a proportionate share mitigation plan shall be
incorporated into a tri-party development agreement and duly ex-ecuted prior to the
issuance of a Building Permit.
PLANNING BOARD REVTEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposals to the City
Commission with a favorable recommendation
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226 8/h Terrace - Parking category comprehensive plan Amendment & Zoning Map change
Apnl 15,2015
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluited the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
SUMMARY
The proposed amendment to Policy 1.2 of the Future Land Use Element of the City's
Comprehensive Plan and the change to the Zoning Map will allow for a main use parking
garage with residential and commercial components, which would add value to the siteas well as be a visual and aesthetic improvement to the neighborhood. These
amendments must be processed together, as they are interrelated to one another,
however, separate motions must be made for each application.
CONCLUS!ON
The Administration recommends that the City Commission open and continue the item to
a date certain of June 10,2015.
*ffin**,**
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226 |fh Terrace - Parking category comprehensive plan Amendment & Zoning Map changeApfl 15,2015 Page 6 of 9
Aerial
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Future Land Use
CitY Limits
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Location:
226 87th Terrace
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226 9/: Terrace - Parking category comprehensive plan Amendment & zoning Map change
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CitY Limits
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Location:
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359
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226 8/h Terrace - Parking category comprehensive plan Amendment & zoning Map change
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Zoning (Proposed)
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CitY Limits
Location:
22687th Terrace
360
COMPREHENSIVE PLAN - PARKING CATEGORY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE
PROGEDURES !N SECTION 163.3184(3), FLORIDA STATUTES, TO
AMEND POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE
GOMPREHENSIVE PLAN BY MODIFYING THE PARKING (P) FUTURE
LAND USE CATEGORY TO ALLOW FOR RESIDENTIAL USES WHEN
ABUTTING A LAND USE CATEGORY THAT PERMITS SUGH
USES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERAB!LITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, the City of Miami Beach seeks to ensure that main use parking
garages are compatible with surrounding neighborhoods and uses; and
WHEREAS, amending the Future Land Use category of the subject parcel as
provided herein is necessary to ensure the development of that property will be
compatible with development in adjacent and surrounding areas, and will contribute to
the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the subject parcel as provided herein will ensure that new
development is compatible and in scale with the built environment, and is in the best
interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE C!ry OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive Plan Future Land Use Element:
arking (P)
Purpose: to provide development opportunities for existing and new parking facilities.
Uses which may be permitted; Parking facilities, residential and commercial uses when
located on frontage opposite a land use category that permits residential or commercial
USES.
Densitv Limits for anv residential use shall be equivalent to the least intense densitv limit
of the abuttino residential future land use district.
361
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SEGTION4. CODIFICATION
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinancer'
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 5. TRANSMITTAL
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days
163.3184(3) F.S.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
after adoption pursuant to Section
2015.
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
R^I-P):E*=^T:'$-''
U
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+it<e$reugh = deleted language
[Sponsored by Commissioner Weithorn]
T:\AGENDA\2015\April\226 87th Terrace Comp ptan Amnd - .1st Reading ORD.docx
362
Rezoning - 226 87th Terrace
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENGED IN SECTION 142.72 OF THE
CODE OF THE CITY OF M!AM! BEACH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL
LOCATED AT 226 87TH TERRAGE, FROM THE CURRENT ZONING
CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO THE
PROPOSED ZONING CLASSIFIGATION OF RM.2, "MULTIFAMILY
RESIDENTIAL, MEDIUM INTENSITY"; PROVIDING FOR
GODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, changing the zoning classification of the subject parcel as provided
herein is necessary to ensure the development of that property will be compatible with
development in adjacent and surrounding areas, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that new development
is compatible and in scale with the built environment, and is in the best interest of the
City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA:
SEGTION 1. MAP AMENDMENT The following amendments to the City's zoning map
designations for the properties described herein are hereby approved and adopted and
the Planning Director is hereby directed to make the appropriate changes to the zoning
map of the City:
A parcel of land generally located at 226 87th Terrace, of approximately
15,313 square feet (0.35 acres), as depicted in Exhibit uA,'from the
current GU "Government Use District," to the proposed zoning
classification RM-2, "Residential Multifamily, Medium lntensity".
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
363
SECT!ON 3. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
sEcTtoN 4. coptFtcATloN
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the Future Land Use Map of the City's Comprehensive plan.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
[Sponsored by Commissioner Weithorn]
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
T:\AGENDAV015\April\226 87th Terrace Rezone - 1st Reading ORD.docx
364
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365
THIS PAGE INTENTIONALLY LEFT BLANK
366
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Land Development Regulations by amending
the list of accessory uses, conditional uses, and setback requirements for oceanfront properties in the
RM-2 zoning district, and amending the regulations for signage and main use parking garages located
on non-oceanfront lots in the RM-2 district.
Clerk's Office
T:\AG E N DA\201 S\April\RM-2 250 feet from NSOSP - 1st Reading SUM
AGE!'|DA ,r=* RS f.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to
Item Summary/Recommendation :
FIRST READING. PUBLIC HEARING
The proposed Ordinance arhendments would:
1. Amend the list of accessory uses, conditional uses, and setback requirements for oceanfront
properties in the RM-2 zoning district;2. Amend the regulations for signage located on non-oceanfront lots in the RM-2 district;3. Amend the regulations for main use parking garages located on non-oceanfront lots in the
RM-2 district.
The Administration recommends that the City Commission open and continue the proposed
Ordinance to a date certain of June 10,2015.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No.2201).
Financia! lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
MIAMIBEACH DATE q-ISIT367
MIAMIBEACH
Cify of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
within 250' of North Shore Open
2. Ghapter 130 - RM-2 main use garage regulations within 250' of NSOSP3. Ghapter 138 - RM-2 main use garage signage regulations within 250'
of NSOSP and City ldentification Signs
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the items
to a date certain of June 10,2015.
BACKGROUND
On June 11, 2014, at the request of Commissioner Deede Weithorn, the City
Commission referred this request to the Land Use and Development Committee (ttem
C4K). Additionally, the matter was referred to the Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed ordinances.
On November 19, 2014, the City Commission opened and continued the items on First
Reading to a date certain of December 17, 2014. On December 17, 2014, the item was
continued to a date certain of February 11,2015. On February 11,2015, the item was
continued to a date certain of April 15,2015.
ANALYSIS
Three separate ordinances are attached. The first amends Chapter 142 to modify RM-2
regulations within 250' of North Shore Open Space Park (NSOSP). The second amends
Chapter 130 to establish regulations for RM-2 main use garage with at least 100 public
spaces within 250'of NSOSP. The third amends Chapter 138 to modify RM-2 main use
garage signage regulations within 250' of NSOSP and establish procedures for City
ldentification Signs.
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
April 15,2015
Ordinance Amendments:
1. Chapter 142 - RM-2
Space Park (NSOSP)
T READING - PUBLIC HEARING
368
Commission Memorandum
Ordinance Amendment - Regulations adjacent to North Shore Open Space Park
April15,2015 Page 2 ol 3
The attached Ordinance amending Chapter 142 proposes the following modifications for
properties zoned RM-2, located within 250 feet of North Shore Open Space Park, and
fronting the Atlantic Ocean:r Allows for outdoor bar counters as an accessory for hotels.. Allows for a 0 foot setback for driveway or walkways not exceeding 30 feet in
width that provide access between lots.. Modifies Tower setbacks to 0.1 feet for every foot in height above 50 feet up to a
maximum of 50 feet.o Allows for neighborhood impact establishments as an accessory use to hotels
through a conditional use permit.
The attached Ordinance amending Chapter 130 proposes the following regulations for
non-oceanfront main use garages with at least 100 public parking spaces for properties
zoned RM-2 located within 250 feet of North Shore Open Space Park:o Allows for residential or commercial uses to be incorporated into the garage, not
exceeding 35 percent of the total floor area.. Requires that a minimum of 50 percent of the total floor area be used for parking,
exclusive of any required parking for other on-site uses.. Requires that parking for any on-site commercial or residential uses be provided
on site.o Removes parking requirements for ground floor restaurant or retail uses.. Allows tor a75 foot height limit.o Allows for front and side street setbacks to be 0 feet.
Finally, the proposed Ordinance amending Chapter 138 proposes the following
regulations:o Allows for ground floor commercial uses to follow CD-2 signage standards in
non-oceanfront main use garages on properties zoned RM-2 within 250 feet of
North Shore Open Space Park.o Establishes procedures for the City to erect City ldentification signs at City
Entrance Points with approval by the Design Review Board (DRB) or Historic
Preservation Board (HPB) as applicable.
The proposals allow for additional flexibility in the design of residential towers and main
use garages. The City expects a proposal for a mixed-use main use parking garage on
87'n Terrace to be brought forth for consideration soon. Additionally, any and all new
development found under the purview of this ordinance amendment must still comply
with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposal to the City
Commission with a favorable recommendation
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
369
Commission Memorandum
Ordinance Amendment - Regulations adjacent to Norlh Shore Open Space Park
Apil 15,2015
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property values, as it will encourage new development to be added
to the City's tax rolls.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of June 10,2015.
tffil^*,*t
T:\AGENDA\201S\April\RM-2 Modifications 250 feet from NSOSP - 1st Reading MEM O&C.docx
370
RM-2 Ghapter 142 Regulations within 250 Feet of NSOP
ORD!NANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE CITY CODE CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE ll, "DISTRICT
REGULATIONS,'' DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS,"
SUBDIVISION IV, "RM.2 RES!DENTIAL MULT!FAMILY, MEDIUM
INTENSIW," AT SECTIONS 142-215, "PROHIBITED USES," AND 142-219,..SETBACK REQUIREMENTS," IN ORDER TO PERMIT OUTDOOR BAR
COUNTERS AS ACCESSORY USES IN OCEANFRONT HOTELS IN THE RM-
2 DISTRICT; ALLOWING FOR THE MODIFICATION OF INTERIOR SIDE
SETBACK REQUIREMENTS FOR DRIVES OR SIDEWALKS; PROVIDING
ACCESS BETWEEN PARCELS lN THE RM-2 DISTRICT; MODIFYING THE
INTERIOR SIDE TOWER SETBACK REQUIREMENTS FOR OCEANFRONT
RM.2 PARCELS WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK;
AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE lV, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 3 "ACCESSORY USES," AT SECTTON 142-902,..PERMITTED ACCESSORY USES,'' TO PERMIT NEIGHBORHOOD IMPACT
ESTABLISHMENTS, AS CONDITIONAL USES FOR OCEANFRONT HOTELS
IN THE RM.2 DISTRICT, WITHIN 250 FEET OF NORTH SHORE OPEN SPACE
PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage uses within oceanfront
hotels in the RM-2 zoning district in a manner consistent with other oceanfront hotel uses in the
City; and
WHEREAS, the Mayor and City Commission seek to limit the creation of new curb cuts
in the RM-2 zoning district by permitting internal driveways and walks to link adjacent parcels;
and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
371
SECTION 1. Chapter 142 of the City Code, entitled "Zoning
ll, "Zoning Districts and Regulations," Division 3 "Residential
215, "Prohibited Uses," is hereby amended, as follows.
Districts and Regulations," Article
Multifamily Districts", Section 142-
Sec. 142-21 5. Prohibited uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are
accessory outdoor entertainment establishment, and accessory open air entertainment
establishment,aSsetforthinarticleV,division6ofthischapter
Atlantic Ocean and located within 250 feet of North Shore Open Space Park.
SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
ll, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
218, "Setback requirements" is hereby amended as follows:
Sec. 1 42-21 8. Setback requirements.
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade parking
lot on the same
lot except where
(b) below is
applicable
20 feet 5 feet, or 5% of lot
width, whichever
is greater.
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfrontlots-S feet
Oceanfront lots-50 feet from
bulkhead line
Subterranean 20 feet 5 feet, or 5% of lot
width, whichever
is greater. (0 feet
if lot width is 50
feet or less)
5 feet, or 5% of lot
width, whichever
is greater
Non-oceanfront
lots-0 feet
Oceanfront lots-50 feet from
bulkhead line
Pedestal 20 feet Except
lots A and 1-30
of the Amended
Plat lndian Beach
Corporation
Subdivision and
lots 231-237 of
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
Sum of the side
yards shall equal
16% of lot width;
Minimum-7.5
feet or 8% of lot
width, whichever
is greater. For
properties frontino
the Atlantic
Ocean and
located within 250
feet of North
Shore Open
Soace Park, 0
feet for drivewavs
or walkways not
exceedinq 30 feet
in width providinq
access between
Sum of the side
yards shall equal
160/o ol lot width
Minimum-7.5
feet or 8% of lot
width, whichever
is greater
Non-oceanfront
lots- 10% of lot
depth Oceanfront
lots-2O% of lot
depth, 50 feet
from the bulkhead
line whichever is
greater
372
lots.
Tower 20feet+1foot
for every 1 foot
increase in height
above 50 feet, to
a maximum of 50
feet, then shall
remain constant.
Except lots A and
1-30 of the
Amended Plat
lndian Beach
Corporation
Subdivision and
lots231-237 ol
the Amended Plat
of First Ocean
Front Subdivision
-50 feet
required
pedestal setback
plus 0.10 of the
height of the
tower portion of
the building. Thetotal required
setback shall not
exceed 50 feet.For properties
frontinq the
Atlantic Ocean
and located within
250 feet of NorthShore Open
Space Park, the
required pedestal
setback plus 0.10
feet for every 1foot in heiqht
above 50 feet to a
maximum of 50
feet.
Sum of the side
yards shall equal
160/o ol the lot
width Minimum-
7.5 feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots- 15% of lot
depth Oceanfront
lots-2S% of lot
depth, 75 feet
minimum from the
bulkhead line
whichever is
greater
SECTION 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations" Article
lV, "Supplementary District Regulations," Division 2 "Accessory Uses," Section 142-902 is
hereby amended as follows:
Sec. 142-902. Permitted accessory uses.
The following are permitted accessory uses:
(1) a.Hotels not located in the RM-1 or RM-2 district are permitted to have
any accessory use that is customarily associated with the operation of a
hotel or apartment building.
Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open air entertainment establishments. Notwithstandinq
the foreqoinq. for properties frontino the Atlantic Ocean and located within
250 feet of North Shore Open Space Park. neiohborhood impact
establishments mav be permitted as accessorv uses for hotels, in
accordance with the Conditional Use procedures in Chapter 1 18, of these
Land Development Reoulations.
b.
373
sEcTtoN4. coDtFtcATtoN
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SEGTION 5. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECT!ON6. SEVERAB!LITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading:
Second Readi
April 15,2015
ng: May 6,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
T:\i\GENDA\2015\i\pril\RM-2Chapterl42Modilication250feetfromNSOSP -lstReadingORD.docx
4
ANID FOR EXECUTTON
y1F- j .t)-t|
374
Parking Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE CHAPTER 130,..OFF.STREET PARKING,'' ART!CLE III, ..DESIGN STANDARDS," AT
SECTION 130.68, "COMMERCIAL AND NONCOMMERCIAL PARKING
GARAGES,'' TO ESTABLISH REGULATIONS FOR MAIN USE PARKING
GARAGES LOCATED ON NON.OCEANFRONT LOTS IN THE RM.2 DISTRICT
WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN
SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission seek to encourage the development of
innovative mixed-use parking garages that will provide additional public parking in the area
adjacent to North Shore Open Space Park; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. Chapter 130 of the City Code, entitled "Off Street Parking" Article lll, "Design
Standards," Section 130-68, entitled "Commercial and noncommercial parking garages," is
hereby amended, as follows:
Sec. 130-68. Commercial and noncommercial parking garages.
Commercial and noncommercial parking garages as a main use on a separate lot shall
be subject to the following regulations, in addition to the other regulations of this article:
***
375
(10) Parklns qaraqes providino at least one hundred ('100) public parkinq spaces, located on
non-oceanfront lots in the RM-2 district, with a propertv line within 250 feet of a North
Shore Open Space Park:
a. Residential or commercial uses mav be incorporated into the qaraqe structure. ln
no instance shall the combined residential and commercial space exceed 35
percent of the total floor area of the structure.
b. ln no instance shall the amount of floor area of the structure used for parkinq.
exclusive of the required parkino for the residential or commercial space in the
structure. be less than 50 percent of the total floor area of the structure. so as to
ensure that the structure's main use is as a parkino qaraoe.
c. All required parkino for anv commercial or residential use shall be provided within
the structure. Restaurant or retail uses open to the general public that are located
on the first floor of the structure shall not be subiect to a parkinq requirement.
d. The maximum heioht for the structure shall be 75 feet.
e. Setbacks shall be the same as the setbacks required for the RM-2 zoninq district,
except that front and side street setbacks shall have a required setback of 0 feet.
SECTION 2. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 3. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
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.
2
376
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
AND FOR EXECUTION
T:\AGENDAVOI S\April\RM-2 Chapter 130 Modification 250 feet from NSOSP - 1st Reading ORD.docx
377
Signage Regulations within 250 Feet of NSOP
ORDINANGE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSTON OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING THE CIry CODE CHAPTER 138,,,slGNS," AT ARTICLE V, ,,SIGN REGULATIONS By D|STRIGT"; AND
ARTICLE V!, ,'SpEClFlC USE SIGNS," AT SECTTON 139_172, ENTITLED..SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL AND ACCESSORY
USE SIGNS," IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND
FLOOR COMMERCIAL USES IN PARKTNG GARAGES LOGATED ON NON.
OCEANFRONT LOTS IN THE RM.2 DISTRICT, WITH A PROPERTY LINE
wlrHlN 250 FEET oF NORTH sHoRE OPEN spAcE pARK; AND CREATING
SEGTION 138.206, ENTITLED "CITY IDENTIFTCATION SIGNS AT CITY
ENTRANCE AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS
BY WHICH THE CITY MAY ERECT CITY IDENTIFICATION SIGNS NEAR THEclrY's ENTRY AND Exlr PoINTS; PRovtDrNG FoR coDtFtcATtoN;
REPEALER; SEVERABILITY; AND AN EFFECTTVE DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the City
in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area; and
WHEREAS, the Mayor and City Commission want to encourage the installation of
innovative city identification signs at the city's entry and exit points; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 138 of the City Code, entitled "Signs," at Article V, "Sign Regulations by
District," under Section 138-172, entitled "schedule of sign regulations for principal and
accessory use signs," is hereby amended, as follows:
378
Zoning
District
Number Awning/
Marouee
Flat Projecting Detached
(Monument)
Accessory Signs Special
Conditions
RS-1
RS-2
RS-3
RS-4
Residential use:
One sign per
street frontage
that has copy
limited to the
name of the
building.
Not
permitted.
Residential use:
Six-inch letters.
Not
permitted.
Not
permitted.
Not permitted 30 square
feet for a
religious
institution,
public and
semipublic
USES,
clubs or
schools.
RM-1
RM-2
RM-3
R.PS 1
R.PS 2
R-PS 3
R-PS 4
RO
TC-3
srgn
identifying the
main permitted
uses for each
street frontage.
Unless
otherwise listed
in section 138-
171, all signs
must front on a
street; however,
multiple street
front facing signsfor the same
licensed
oceanfront hotelor apartment
building within
the RM-3 districtmay be
permittedthrough the
design review or
certificate of
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
Siqns for qround
floor commercial
uses in parkinq
qaraqes,
providinq atleast one
hundred (100)
public parkinq
spaces locatedon non-
oceanfront lots
No Ten
square
feet; the
height of
the letters
shall not
exceed 12
inches.
Not
permitted
in the RM-
3 district.
Not
permitted
in RO.
One per street
frontage; 20
square feet for
every 50 feet of
linear frontage, or
fraction thereof,
up to maximum
of 30 square feet.
Flat signs shall
not be located
above the ground
floor, except in
hotels and
apartment
buildings within
the RM-3 district.
Flat signs in
hotels and
apartment
buildings within
the RM-3 district
shall be limited to
the name of the
building or the
use that
encompasses the
largest amount of
floor area in the
building. Within
the RM-3 district,
and subject to the
review and
approval of the
design review
board or historic
preservation
board, as
applicable, one
building
identification sign
for hotels and
apartment
buildings two
stories or higher,
located on the
I 15 square
I feet
| ruot
I permitted
linRo
15 square
feet,
however, if
sign is set
back 20 feetfrom front
propertyline, areamay be
increased toa maximum
of 30 squarefeet. Polesigns are
not
permitted.
Existing pole
signs may
be repairedonly as
provided in
section 138-
10.
Notwithstanding theabove, a
detached
sign locatedona
perimeter
wall shall be
limited to
five squarefeet andshall nothave to
comply with
the setback
requirement
s of section
138-9. The
height and
size of the
monument
structure
One sign foreach licensed
accessory use;
atea of sign
shall not exceed75 percent ofthe main use
sign, 20 squarefeet maximum.
For hotels and
apartment
buildings in theRM-3 district,
one street front
facing flat signper every
licensed
accessory use
facing or having
direct access toa street or
sidewalk, 20
square feet for
every 50 feet of
linear frontage,or fraction
thereof, up to
maximum of 30square feet.
However,
multiple streetfront facing
signs for the
same licensed
accessory useof oceanfront
hotel and
apartment
buildings within
the RM-3 districtmay be
permittedthrough the
design review orcertificate of
1.
Maximumsize for
schools is
30 square
feet.2. Signs
shall not
have copy
indicating
prices.
3. An
exterior
directory
sign,
attachedto the
building
up to six
square
feet,
listing the
names of
all
licensed
USCS
within the
building is
permitted;
sign
material
and
placement
shall be
subject to
approval
through
the design
review
process.
379
in the RM-2
district, with apropertv line
within 250 feet
of North ShoreOpen Space
Park shall be
subiect to the
CD-2 standards.
parapet facing a
street, is
permitted with an
area not to
exceed one
percent of the
wallarea on
which it is placed.
Corner buildings
may provide one
combined sign
instead of the two
permitted signs.
This sign shall be
located on the
corner of the
building visible
from both streets
and shall have a
maximum size of
40 square feet.
Sions for qround
floor commercial
uses in parking
qaraqes,
providino at least
one hundred
(100) public
parkinq spaces
located on non-
oceanfront lots in
the RM-2 district.
with a property
line within 250
feet of North
Shore Open
Space Park shall
be subiect to the
CD-2 standards.
shall be
determined
under the
design
review
process
except as
provided
herein. lnthe RO
districts,sign areashall not
exceed ten
square feet,and the
monument
structureshall not
exceed fivefeet in
height.
appropriatenessprocess as
applicable if the
aggregate sign
area does notexceed the
maximum size
permitted under
this subsection.
9ECTION 2. Chapter 138 of the City Code, entitled "Signs" Article V, "Sign Regulations by
Districts," Section 138-206, "City ldentification Signs at City Entrance and Exit Points," is hereby
created to read as follows:
380
SEGTION3. GOD!FICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECT!ON5. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
First Reading:
Second Reading.
April 15,2015
May 6, 2015
APPROVED AS TO FORM
A TANDSP=?i3r'fr3fiiil-I-Q*f J-23-ti' ''Kyr)
l)
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
[Sponsored by Commissioner Weithorn]
T:!AGENDA\201S!\pril\RM-2Chapter138Modilication250feetfromNSOSp -lstReadingORD.docx
381
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FirstReadingtoconsideranordinancethatprovidesaoetin@ntsite-
lncreasesatisfactionwithneighborhoodcharactei
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Supporting Data (Surveys, Environmentat S
businesses rate the effort put forth by the City to regulate development is "aboutihe riqht amount.,,
COMMISSION ITEM SUMMARYCondensed Title:
Clerk's Office Iative Tracki
The subject Ordinance would create a definition for a 'Unified Development' site. Additionally, text
clean-up language modifications are proposed.
The Administration recommends that the City Commission open and continue the item to a date
99rtai1 of May 6,2015, so that it can be heard togetherwith a companion item regarding Section 11g-32'l of the Land Development Regulations that was transmitted by the Planningboard on March 24,2015.
On March 24,2015, the Planning Board (vote of s
commission with a favorable recommendation. (planning Board File No. 2241).
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial !mpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall considerthe longterm economic impact (at least 5 years) of proposed legislitive actions," this shall confirmthat the City Administration evaluated the long{erm economiC impact (at teast 5 years) of thisproposed legislative action, and determined that there will be no measurable impact on the City,slqqget
Thomas Mooney
T:\AGENDA\201S\April\Unified Dev Site - First Reading SUM.docx
AGEI.IDA ITEIf,
DATE
Rsrl-r::-rTMIAMIBEACH383
MIAMIBEACH
Ciry of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Definition of Unified Site
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CIry
OF MIAM! BEACH, FLORIDA, AMENDTNG THE LAND DEVELOPMENT
REGULATIONS OF THE GITY CODE, BY AMENDING CHAPTER 118,,.ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE t, "IN
GENERAL," SECTION 118-S, ,,UNlTy OF TTTLE; COVENANT !N LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A GOVENANT IN LIEU AND BY PROVIDTNG A DEFINTTION FOR UNIFIED
DEVELOPMENT slrE; PRovlDtNG FoR coDrFtcATtoN, REpEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission open and continue the item to
a date certain of May 6,2015.
BACKGROUND
On June sth, 2013, at the request of Commissioner Tobin, the City Commission referreda discussion item to the Land Use and Development Committee, pertaining to the
section of the City Code governing Unities of Title and Covenants in Lieu of Unity ofTitle. On January 22,2014, the Land Use Committee discussed the item and continued
it to the February 19, 2014 meeting in order for staff to properly address the definition of
a 'Unified Development Site'. The item was moved from the February 19,2014 agenda
to the March 19, 2014 agenda.
On March 19, 2014, the matter was discussed briefly and continued to a date certain ofApril 9, 2014. on April g, 2014, the Land use and Development committee
recommended that an Ordinance be referred to the Planning Board to amend the
requirements and standards for a 'Covenant-ln-Lieu' by providing a definition for a
"Unified Development Site."
On September 10, 2014, the City Commission referred the subject Ordinance to the
Planning Board. on september 23, 2014, the planning Board (by a vote of 6-0)
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
the City mtsston
F!RST READING
384
Commission Memorandum
Definition of Unified Development Site
transmitted the proposed Ordinance to the City Commission with a favorable
recommendation.
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use Committee for further discussion and input.
On January 21, 2015 the Land Use and Development Committee recommended that the
subject Ordinance, as well as a companion Ordinance pertaining to ownership and
covenants in lieu related to lot splits, be referred to the Planning Board. On February 11,
2015, at the request of Commissioner Tobin, the City Commission referred both of these
items to the Planning Board.
ANALYSIS
On March 1, 2013, the Board of Adjustment granted an appeal of an Administrative
Decision of the Planning Director, which denied a proposed transfer of Floor Area (FAR)
for a project on a multi-property site. The Administrative Determination, dated npiit tO,
2012, concluded that a proposed unification of three (3) properties on Collins Avenue
through the use of a proposed 'Covenant in Lieu of Unity of Title' was not a true "unified
development site" as required by Section 1 18-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded thatthe language of section 118-5 did not restrict the proposed unification, granted the
appeal, and then the Board suggested that refinements be considered to more clearly
restrict the unification of unrelated properties for transfer of floor area.
The following is a summary of the relevant Charter and City Code provisions, and
instruments, pertaining to a Unity of Title and a Covenant in Lieu of Unity of Tile:
Miami Beach Citv Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio
of any property from being increased by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists currently, without being approved by a public
referendum. This underlying principal has been a critical component in the overall
policymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of growth and development.
This Charter provision does include an exception for the division of tots, "@
aqgreqation of development riqhts on unified abuttino parcels. as mav be
Eemitted bv ordinance." The ordinance referred to is Section 118-5 of the Land
Development Regulations of the City Code, which discusses unities of title, or covenants
in lieu of unity of title, for multiple buildings proposed for a single lot or for single or
multiple buildings proposed for a unified development site consisting of multiple lots.
Section 1 18-5 - Unitv of Title: Covenant in Lieu Thereof
lvhen a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
385
Commission Memorandum
Definition of Unified Development Site
April 15, 2015
2.
3.
Page 3 ot 5
approved site plan, after one has been submitted and approved under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owner(s) of the [phase] or portion of the propertyfor which modification is sought, all owners within the original unified
development site, or their successors, whose consent shall not be unreasonably
withheld, and the director of the city's planning department; provided the director
finds that the modification would not generate excessive noise or traffic, tend to
create a fire or other equally or greater dangerous hazard, or provoke excessive
overcrowding of people, or tend to provoke a nuisance, or be incompatible with
the area concerned when considering the necessity and reasonableness of the
modification in relation to the present and future development of the area
concerned. Should the director withhold such approval, the then owner(s) of thephase or portion of the property for which modification is sought shall be
permitted to seek such modification by application to modify the plan or covenant
at public hearing before the appropriate city board or the city commission of
Miami Beach Florida, (whichever by law has jurisdiction over such matters). Such
application shall be in addition to all other required approvals necessary for the
modification sought. Proposed modifications to the property's use, operation,
physical condition or site plan shall also be required to return to the appropriate
development review board or boards for consideration of the effect on prior
approvals and the affirmation, modification or release of previously issued
approvals or imposed conditions.
That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, provisions and
conditions of the declaration of restrictive covenants. The owner shall further
agree that he or she will not convey portions of the subject property to such other
parties unless and until the owner and such other party or parties shall have
executed and mutually delivered, in recordable form, an instrument to be knownas an "easement and operating agreement" which provides for easements
between the parcels. These can contain among other things:a. Easements in the common area of each parcel for ingress to and egress
from the other parcels;
b. Easements in the common area of each
parking of vehicles;c. Easements in the common area of each
accommodation of pedestrians;
parcel for the passage and
parcel for the passage and
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
areas in each such parcel;f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;g. Easements upon each such parcel in favor of each adjoining parcel for
the installation, use, maintenance, repair, repracement and removal of
common construction improvements such as footings, supports and
foundations;
386
Commission Memorandum
Definition of Unified Development Site
April15,2015
h. Easements on each parcel for attachment of buildings;i. Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting devices,
awnings, wing walls and the like;j Appropriate reservation of rights to grant easements to utility companies;k. Appropriate reservation of rights to road right-of-ways and curb cuts;l. Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
m. Appropriate agreements between the owners of the several parcels as tothe obligation to maintain and repair all private roadways, parking
facilities, common areas and common facilities and the like.
A Unity of Title, and Covenant in Lieu of Unity of Title, are used for various purposes,
and do not always have floor area implications. ln some instances they are just for the
unification of properties of multiple ownerships for easement purposes. However, when
floor area is implicated, it becomes important to examine the charter language, where
the phrase "unified abutting parcels" becomes pertinent.
When the phrase "unified abutting parcels" is used, along with the covenant in lieu of
unity of title, it becomes possible to transfer floor area between different ownerships of
abutting parcels. The term "abutting parcels" usually refers to parcels that have lot lines
that touch, not separated by a street or alley. However, regardless of ownership, the
amount of FAR permitted by the Code cannot be increased within an overall unified site.
The Administration believes that the current language in the Ordinance can be an
effective planning tool in terms of providing flexibility for the distribution of allowable floor
area within a defined site. Moreover, the existing code does not permit a net increase in
overall FAR, should multiple sites be combined through either a covenant in lieu, or
other legal mechanisms. ln order to continue to provide a flexible planning mechanism, it
is recommended that the term "Unified Development Site" be defined within Section 118-
5 as follows:
"A site where a development ls proposed and consisfs of multipte lots, all
lots touching and not separated by a lot under different ownership, or apublic right of way. A "Unified Development Site" does not include any/ofs separated by a public right-of-way or any non-adjacent, noi-
contiguous parcels".
ln addition to providing this definition within Section 118-5, the CityAttorney's office has
taken a closer look at the remainder of this Section of the Code and has proposed
clarifying text modifications. These proposed modifications are included in the draft
Ordinance attached.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
ordinance to the city commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
387
Commission Memorandum
Definition of Unified Development Site
15,2015
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
ln addition to the modifications proposed herein for Section 118-5, staff noticed that an
inconsistency with the requirements of Section 118-321, pertaining to a "Division of Land
and Lot Splits" existed, as it pertains to covenants in lieu of unity of title. ln order to
address this, a companion Ordinance, with proposed modifications to Section 11A-32]r,
has been referred to the Planning Board; the Planning Board recently transmitted this
companion Ordinance to the City Commission with a favorable recommendation.
Specifically, text has been added clarifying that the use of a covenant in lieu of unity of
title for a building site or unified development site would not be considered a transfer of
ownership requiring Planning Board review.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of May 6,2015. The Administration would recommend that the subject
Ordinance be heard at the same time as the aforementioned companion Ordinance.
*#1^*/MAB/RAM
T:\AGENDA\2O1S\April\Unified Dev Site - First Reading MEM.docx
388
DEFINITION OF UNIFIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEAGH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY GODE, BY AMENDING CHAPTER 118,,.ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A
COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILIW AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern
Covenants in Lieu of Unity of Title and Unified Development Sites.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA
SECTION 1. Chapter llS, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 1 18-5. Unity of title; covenant in lieu thereof.
The term "Unified Development Site" shall be defined as a site where a development is
proposed and consists of multiple lots. all lots touchinq and not separated bv a lot under
different ownership, or a public riqht of wav. A "Unified Development Site" does not include anv
lots separated bv a oublic rioht-of-wav or anv non-adiacent. non-contiquous parcels.
All applications for building permits where msltiple buildings are proposed for a single lot or
where sing+e+F+u{tiple buildinq(s) are proposed for a unified development site eensisting ef
mu+ipe-Us, shall be accompanied by one of the following documents:
Fer purpeses ef thl
where develepment l
bv anether lot, stre
1of5
389
(1) Unitv of Title. A unitv of title shall be utilized when there is onlv one owner of the entire
Unified Development Site. TheA unity of title, approved for legal form and sufficiency by the city
attorney, whieh shall run with the land and be binding upon the owner's heirs, successors,
personal representatives and assigns, and upon all mortgagees or lessees and others presently
or in the future having any interest in the property; or
(2) Covenant in Lieu of Unitv of Title. A Covenant in Lieu of Unitv of Title or a A declaration of
restrictive covenants, shall be utilized when the Unified Development Site is owned bv. or is
proposed for multiple ownership. includinq but not limited to a condominium form of ownership.
alse-ealleC-a The covenant in lieu of unity of title shall be approved for legal form and sufficiencybythecityattorney.shallrunwiththelandandbe
binding upon the owner's heirs, successors, personal representatives and assigns, and upon all
mortgagees and lessees and others presently or in the future having any interest in the
property. The deela+atien covenant shall contain the following necessary elements:
a. The suQeet-site unified development site shallwill be developed in substantial
accordance with the approved site plan; after ene has been submitted and appreved
O. +na+gNo modification shall be effectuated without the written consent of the then
owner(s) of the unified development site for which
modification is sought-rg
c. Standards for reviewino a modification. A modification mav be requested, provided
all owners. or as required bv the condominium association bvlaws, as mav be
applicable, within the original unified development site, or their successors, whose
consent shall not be unreasonably withheld, execute the application for modification.
I'he #{hedirector of the city's planning department shall review the application
and determine whether the request is for a minor or substantial modification. lf the
request is a minor modification, the modification mav be approved administrativelv bv
the planninq director. lf the modification is substantial, the request will be reviewed
bv the applicable Board. after public hearinq. This application shall be in addition to
all other required approvals necessarv for the modification souqht.
A minor modification ;+revi+ b+ would not
generate excessive noise or traffic;r tend to create a fire or other equally or greater
dangerous hazard;, e+provoke excessive overcrowding of people;; er tend to
provoke a nuisance;; nor be incompatible with the area concerned when considering
the necessity and reasonableness of the modification in relation to the present and
future development of the area concemsd.
appreval; the then ewner(s) ef tlt+ phase er pertien ef the preperty fer whieh
medifieatien is seught shall be termitted te seek sueh medifieatien by applieatien te
medify the Blan er eevenant at publie hearing befere the apprepriate eity beard er the
eity eemmissien ef Miarni Beaeh Flerida; (whiehever by law has jurisdietien ever sueh
maters)-
neeessary fer the medifieatien seught, Prepesed medifieatiens te the preperty'e use,
eperatien; physieal eenditien er site plan strall alse be required te retur+ te the
prier apprevals and th+ affirmatien; medifieatien er release ef previeusly issued
@iens=
2ofS
390
A substantial modification would create the conditions identified above. A substantial
modification also includes a request to modifv the uses on the unified development
site: the operation. phvsical condition or site plan. All such substantial modifications
shall be required to return to the appropriate development review board or boards for
consideration of the effect on prior aporovals and the affirmation, modification or
release of previouslv issued approvals or imposed conditions.
db. That if the unified development site@ is to be developed in
phases, that each phase will be developed in substantial accordance with the
approved site plan.
g€. +ru the event of multiple ownerships subsequent to site plan approval that each
of the subsequent owners shall be bound by the terms, provisions and conditions of
fhg covenant in lieu of unitv of title . The owner
shall further agree that he or she will not convey portions of the subject property to
such other parties unless and until the owner and such other party or parties shall
have executed and mutually delivered, in recordable form, an instrument to be
known as an "easement and operating agreement" which shall include, but not be
limited toeentain ameng etheffiings:
i. Easements for i+ the common area(g) of each parcel for ingress to and egress
from the other parcels;
ii. Easements in the common area(s) of each parcel for the passage and parking
of vehicles;iii. Easements in the common area(g) of each parcel for the passage and
accommodation of pedestrians;
iv. Easements for access roads across the common area(s) of the unified
development site teaenlparcet to public and private roadways;v. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate areas in the
u n ified development site eaeh-sueh+a+eel;vi. Easements on each sueh parcel within the unified development site for
construction of buildings and improvements in favor of each such other parcel;
vii. Easements upon each such parcel within the unified development site in
favor of each adjoining parcel for the installation, use, maintenance, repair,
replacement and removal of common construction improvements such as
footings, supports and foundations;viii. Easements on each parcel within the unified development site for
attachment of buildings;
ix. Easements on each parcel within the unified development site for building
overhangs and other overhangs and projections encroaching upon such parcel
from the adjoining parcels such as, by way of example, marquees, canopies,
lights, lighting devices, awnings, wing walls and the like;
x. Appropriate reservation of rights to grant easements to utility companies;
xi. Appropriate reservation of rights to road right-of-ways and curb cuts;
xii. Easements in favor of each such parcel within the unified development site
for pedestrian and vehicular traffic over dedicated private ring roads and access
roads; and
3of5
391
xiii. Appropriate agreements between the owners of the sever€lfar€els unified
development site as to the obligation to maintain and repair all private roadways,
parking facilities, common areas and common facilities and the like.xiv. Such easement and operatinq aqreement shall contain such other
provisions with respect to the operation. maintenance and development of the
propertv as to which the parties thereto mav aqree. or the director mav require,
all to the end that althouqh the propertv mav have several owners, it will be
constructed, conveved. maintained and ooerated in accordance with the
aporoved site plan. The planninq department shall treat the unified site as one
site under these land development requlations, reqardless of separate
ownerships.
These provisions or portions thereof may be waived by the director if they are not
applicable to the subject property (such as for conveyances to purchasers of
individual condominium units). These provisions of the easement and operating
agreement shall not be amended without prior written approval of the city
attorney. ln additien; sueh easement and eperating agreement shall eentain sueh
the preperty as te whieh the parties therete may agree; er the direeter may
ips,
fd The declaration of restrictive covenants shall be in effect for a period of 30 years
from the date the documents are recorded in the public records of Miami-Dade
County, Florida, after which time they shall be extended automatically for
successive periods of ten years unless released in writing by the then owners and
the director, acting for and on behalf of Miami Beach, Florida, upon the
demonstration and affirmative finding that the same is no longer necessary to
preserve and protect the property for the purposes herein intended.
g.fe Enforcement of the declaration of restrictive covenants shall be by action at law or
in equity with costs and reasonable attorneys'fees to the prevailing party.
***
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABIL!TY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
t9
First Reading:
Second Reading:
February 11,2015
March 11,2015
r&
^J(.City Attorney
Verified by.
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ike$+eugh denotes deleted lang uage
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2015.docx
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THIS PAGE INTENTIONALLY LEFT BLANK
394
Condensed Title:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 14 ENTITLED "BUILDING REGULATIONS" OF THE CITYCODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES"; CREATING SECTIONS 14-500
THROUGH 14-502 RELATING TO NOTICE AND PROCESS FOR UNSAFE STRUCTURES AND
CREATING A MUNICIPAL UNSAFE STRUCTURE PANEL.
COMMISSION ITEM SUMMARY
lntended Outcome
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
Item Summary/Recommendation :
Section 8-5(a)(1 ) of the County Code provides that a municipality may select to establish, by ordinance, its
own administrative process to address unsafe structures within municipal boundaries, including the
process for appeal of decision of the Building Official that structures are unsafe. Following adoption of
such ordinance, the City would be solely responsible for the conduct of its own process and appeals, and
for the enforcement of the laws governing unsafe structures within its jurisdiction.
The Miami Dade Unsafe Structure Board costs around $5,000 per case, requires three (3) Building
Department staff members and a representative of the City Attorney's office to attend a daylong meeting
while the Board retains control of procedures.
The Miami Beach Unsafe Structure Panel costs $300 per case, it would last maximum three (3) hours, no
travelwill be needed, and the Panelwill preserve control.
On August 29, 2014, the Finance and Citlrwide Projects Committee recommended approval of the
proposed $50,000 budget increase to establish an Unsafe Structure Board Pane in the City of Miami
Beach.
Financial ! nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
Glerk's Office
Mariano Fernandez, P.E.
AGENDATTeu RSKMIAMIBEACHDATE q{ T IS395
g MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Gity Commission A
Gity Attorney Raut Aguila /l| / I
nmyMorares +hffiApril 15,2015 \
Unsafe Structure Panel \
FIRST READING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14
ENTITLED "BUILDING REGULATIONS" OF THE CITY CODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES'';
CREATING SECTIONS 14.500 THROUGH 14.502 RELATING TO
NOTICE AND PROCESS FOR UNSAFE STRUCTURES AND
CREATING A MUNICIPAL UNSAFE STRUCTURE PANEL; AND
APPEAL PROCESS; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILIW; APPLICABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading.
HISTORY/BACKGROUND
On August 29, 2014, the Finance & Citywide Projects Committee reviewed and
recommended for approval a budget proposal to increase the Building Department budget
by $50,000 to establish an Unsafe Structure Panel. As part of the 2014-2015 Budget, the
City Commission approved an enhancement to the Building Department, totaling $50,000 to
establish an Unsafe Structures Panel, which "will streamline the unsafe structures process
that is currently coordinated by Miami-Dade County." The funding was provided to fund an
Office Associate lV to manage the case files for the Panel and work as the primary point of
contact for members of the public involved with scheduled hearings before the Unsafe
Structure Panel.
ANALYSIS
The Unsafe Structure Panel is modeled after Miami-Dade County and the City of Miami's
396
Memorandum to the City Commission
First Reading - Public Hearing: Unsafe Structure Panel
April 15,2015 Page2
Panels. The County actually has two processes - the Unsafe Structure Board which is used
for municipal cases and the Unsafe Structure Panel, which is utilized for unincorporated
Miami-Dade County. The County Code, at Chapter 8, specifically authorizes municipalities
to create their own unsafe structure procedures. Specifically, section 8-5(a)(1) of the County
Code provides that a municipality may select to establish, by ordinance, its own
administrative process to address unsafe structures within municipal boundaries, including
the process for appeal of decision of the Building Official that structures are unsafe.
Following adoption of such an ordinance the City would be solely responsible for the
conduct of its own process and appeals, and for the enforcement of the laws governing
unsafe structures within its jurisdiction. The County Code does require that if the structure
has been designated historic and is under the County's historic preservation jurisdiction,
demolition procedures shall still abide by the process as set out in the Miami-Dade County's
historic preservation ordinance as found in Chapter 15A of the Miami-Dade County Code.
The City's ordinance would also require that its own rules and regulations relating to the
City's Historic Structures and Historic Districts, shall control, where applicable, the
demolition of historically designated structures or structures within historic districts and shall
be utilized during the City's Unsafe Structure Panel process.
The ordinance defines an unsafe structure consistent with the provisions of the Florida
Building Code, and consistent with the Miami-Dade County Code. The code addresses the
physical criteria for finding a building unsafe; requires notice by certified mail, first class mail
and posting; provides an appeal process to a three person hearing officer process. All three
hearing officers shall be required to participate in each hearing. The hearing officers shall
be selected from the Miami-Dade County Clerk of Court's list of hearing officers, and shall
be randomly selected by the Clerk to be the City's three hearing officers on a specific date.
This random selection ensures that the officers are impartial. Annually the County appoints
a series of hearing officers to hear code compliance, animal cruelty, unsafe structure, and
other appeals. The officers are extensively trained in the procedures and are each paid an
hourly rate of $50.00/per hour; for a total fee of $400.00, per day; $1,200/per day for all
three hearing officers. The City would piggy-back off of the County contract with these
hearing officers.
FINANCIAL IMPACT
Currently, to utilize the County's unsafe structure Board process, the City is charged over
$3,000, at the beginning of the process, regardless of whether there is a quick resolution
due to compliance, or a final adversarial hearing. Additionally, both the Building Official and
a representative of the City Attorney's office would have to spend most of the day in the
County, as the City would have it wait to have its items called (as the County's Unsafe
Structure Board covers all municipalities utilizing its services); and due to travel time, etc.
The City would also be responsible for the court reporter and administrative costs of the
County, which appear to be greater than the costs the City would incur if the City utilized its
own program. Ultimately, all the hard costs are recoverable against the property owner, and
the property may be liened. Nevertheless, the City's immediate out-of-pocket expenditure
would be greatly reduced by utilizing the new process.
The startup costs for the USP breakdown is as follows:
397
Memorandum to the City Commission
First Reading - Public Hearing: Unsafe Structure Panel
April 1 5,2015 Page 3
Hearing officers - based on the language in
the e-mail below, the panel is to consist of
three (3) hearing officers from the list of
panel members available from the County
Court
Over estimate of each panel cost is max
daily rate for each officer ($400.00 per day
as per Miami-Dade County Administrative
Order No. 2-5, hourly rate of $50.00; =
$1200 per hearinq (12 hearinqs per vear).
Hearing stenographer No cost - not required, all hearings are only
required to have audio recording which is
available in the City Commission Chambers.
Additional staff req uirements No additional staff required - existing
Violations staff currently facilitating the
Miami-Dade County Unsafe Structures
Board cases will be utilized.
Cost of advertisements (required published
notices)
Est. Daily Business Review ad to run for two
weeks based on the language in the e-mail
below
(four date run) $184.90 per case
Certified Mail costs - to property owner and
all others affected
$5.75 each
Recordino fees for Board Order $18.50 per case
Filing and Satisfaction of Lien (if costs not
recovered)
$37.00 per case
Again, all costs incurred pursuant to any of the provisions of this section shall be paid by the
owner, interested party, or occupant of the premises on which the violation
occurred. Recovery of cost would include lien rights, foreclosure, and sale of the underlying
property.
CONCLUSION
The Administration recommends approval of the ordinance on first reading and scheduling a
Second, Public Hearing.
F:\ATTO\BOUE\Ordinances\Unsafe Structure Board Ordinance- MEMO April 2015 agenda.docx
:1
!r
398
UNSAFE STRUCTURES BOARD
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
14 ENTITLED "BUILDING REGULATIONS" OF THE CIry CODEBY CREATING DIVISION 4 ENTITLED "UNSAFE
STRUCTURES"; CREATING SECTTONS 14-SOO THROUGH 14-
502 RELATING TO NOTICE AND PROCESS FOR UNSAFE
STRUCTURES AND CREATING A MUNICIPAL UNSAFE
STRUCTURE PANEL; AND APPEAL PROCESS; PROVIDINGFOR CODIFICATION; REPEALER; SEVERABILITy;
APPLICABILITY; AND AN EFFECTTVE DATE.
WHEREAS, chapter 14, entitled "Building Regurations" provides the
authority of the City to regulate Buildings, Structures and Unsafe Structures; and
WHEREAS, currently the City utilizes the Miami-Dade County Unsafe
Structure Board created pursuant to Chapter 8 of the [rlliami-Dade County Code,
which code provides municipalities the option of using the County's process; and
WHEREAS, utilization of the County's Unsafe Structure Board process
creates many delays and loss of staff time by requiring staff to leave the City to
attend County hearings, where many other items and other municipalities may
also have pending agenda items; and
WHEREAS, section 8-5(a)(1) of the county code provides that a
municipality may select to establish, by ordinance, its own administrative process
to address unsafe structures within municipal boundaries, including the process
for appeal of decision of the Building Official that structures are unsafe;
WHEREAS, following adoption of such an ordinance the municipality shall
be solely responsible for the conduct of its own process and appeals, and for the
enforcement of the laws governing unsafe structures within its jurisdiction; and,
WHEREAS, the City, upon adoption of such an ordinance, shall also be
authorized to establish its own standards for declaring a structure to be unsafe,
and for the repair or demolition of an unsafe structure, all consistent with the
provisions of the Florida Building Code; and
WHEREAS, if the structure has been designated historic and is under the
County's historic preservation jurisdiction, demolition procedures shall still abide
by the process as set out in the Miami-Dade County's historic preservation
ordinance as found in chapter 15A of the Miami-Dade county code; and
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399
WHEREAS, the City of Miami Beach has its own rules and regulations
relating to the City's Historic Structures and Historic Districts, which shall also
control, where applicable, the demolition of such structures and shall be utilized
during the City's Unsafe Structure Panel process; and
WHEREAS, the city of Miami Beach desires to amend chapter 14, to
create Division 4, Sections 14-500 through 14-502 to create procedures, notice,
an Unsafe Structure Panel, the powers and duties of the Panel, and an appeal
processes from a ruling of the Panel.
WHEREAS, the amendments set forth below are necessary to accomplish
all of the above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 14, entitled "Building Regulations" shall be amended to
create Division 4, Section 145-500 through 14- 502, relating to the creation of the
City's Unsafe Structure Panel are hereby amended as follows:
***
CHAPTER 14
BUILDING REGULATIONS
Secs. 14-445-14-499598. - n"""*"4.
*
Division 4. Unsafe Structure Panel
Sec. 15-500. Unsafe structures panel.
(a) General Provisions.
(1)
ls of of the Official
properties and their structures and accessory structures to be unsafe
to the health. safetv. and
all in division.
structure has been desiqnated historic and is under the City's historic
Dreservation iurisdiction. demolition procedures shall, whenever possible,
reservati
ordinance as found in Chapter 118, Article lX. Sections 11g-so1 throuqh
117-700. of this Code, unless there is an immediate threat of danqer, as
2ot27
400
determined bv the Buildinq official. Thereafter, a property within an
historic district or with an historic desionation shall have to complv with the
requirements of 1 18 after the demolition for an unsafe structure process is
completed.
(2) Buildinqs or structures that are. or hereafter shall become, unsafe,
unsanitary or deficient, and dilapidated facilities. with inadequate means of
eQress. or which constitute a fire or windstorm hazard, or are othenruise
danqerous to human life or public welfare by reason of illeqal or improper
use. occupancy or maintenance. or which have been substantially
damaqed by the elements. acts of God, fire, explosion or othen^/ise, shall
be deemed unsafe structures and a permit shall be obtained to demolish
the structure, or where specifically allowed bv this division, to brinq the
buildinq into compliance with the applicable codes as provided herein.
(3) lncomplete buildinos commenced without a permit or for which the
Dermit has expired, or completed buildinqs commenced without a permit
or for which the permit has expired. prior to completion and no certificate
of occupancy has been issued. shall be presumed and deemed unsafe
and a permit shall be obtained to demolish the structure or brino the
buildinq into compliance with the applicable codes as provided herein.
(4) Buildinqs which meet the physical criteria of unsafe structures. set
forth in this section, and are ordered to be repaired by the Buildino Official
or the unsafe structures panel, in the manner more particularly set forth
below, which are not completed or repaired and brouqht into full
comDliance with the Florida Buildinq Code within the reasonable time
allowed by the Buildinq Official or the unsafe structures panel. will be
demolished.
(5\ swimminq pools that contain staqnant water are deemed
unsanitarv and danqerous to human life and the public welfare. lf the
staqnant water is not removed and all repairs made and brouqht into full
comDliance with the Florida Buildinq Code within a reasonable time, as
allowed by the Buildinq official. then these swimminq pools will be
demolished and filled in.
(6) Buildinqs or structures subiect to the recertification requirements in
subsection 8-11(fl of the Miami-Dade CounV Code which the owner fails
to timely respond to the notice of required inspection or fails to make all
reouired repairs or modifications found to be necessary resultinq from the
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401
recertification inspection bv the deadline specified in the Code or anv
written extension oranted bv the Buildinq Official will be demolished.
(b) Phvsical criteria.
(1) A buildinq shall be deemed a fire hazard or unsafe when anv of the
followinq criteria are met:
a. lt is vacant, unouarded and open at doors or windows.
b. There is an accumulation of debris or other material therein
representinq a hazard of combustion.
c. The buildino condition creates hazards with respect to means of
earess and fire protection as provided herein for the particular
occupancv.
d. lt meets the criteria of a vacant and abandoned property under
ChaDter 14 of this Code or under Chapter 8 of the Miami-Dade
County Code.
(2) A buildinq. or part thereof, shall be presumed to be unsafe if:
a. There is a fallinq away, hanqino loose or looseninq of any
sidins, block. brick. or other buildino material.
b. There is a deterioration of the structure or structural parts.
c. The buildinq is partiallv destroyed.
d. There is an unusual saqoinq or leanino out of plumb of the
buildino or anv parts of the buildinq and such effect is caused bv
deterioration or over-stressinq.
e. The electrical or mechanical installations or systems create a
hazardous condition contrary to the standards of the Florida
Buildinq Code.
f. An unsanitarv condition exists by reason of inadequate or
malfunctioning sanitary facilities or waste disposal svstems.
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402
q. By reasons of use or occupancv the area, heiqht, tvpe of
construction. fire-resistivity, means of eqress. electrical equipment.
Dlumbino. air conditioninq or other features requlated bv this Code
do not comply with this code for the use and qroup or occupancv.
h. The construction. installation of electrical, plumbinq or other
equipment therein or thereon. or the partial construction or
installation of electrical, plumbinq or other equipment has been
commenced or completed without a permit therefore havino been
obtained or where the permit has expired prior to completion and
the issuance of a certificate of occupancv or certificate of
completion.
i. The buildino or structure is vacant and abandoned, and
covered at doors or windows with materials not previouslv
approved by the Buildino official, or for a period exceedinq the
maximum limitations set forth in this division (see subdivision h.
below).
i. Bv reason of illeqal or improper use, occupancv or maintenance
does not complv with the Florida Buildino code, or the code in
effect at the time of construction.
k. The buildinq or part thereof meets the phvsical criteria of an
unsafe structure set forth above and has not been repaired and
brouqht into compliance with the Florida Buildinq Code followinq
the exDiration of the reasonable periods allowed bv the Buildinq
Official. or an unsafe structures panel for such repairs.
(3) Grow houses. A buildinq or structure that has been identified by anv
law enforcement officer as beino used to qrow or manufacture controlled
substances as defined bv Florida statutes chapter 893 or any druqs, as
defined in Florida Statutes Chapter 499 (a "qrow house") shall be
presumed to be unsafe if any one of the followinq criteria has been
satisfied:
a. There is an open and obvious modification or addition to anv of
the structure's electrical wirinq or electrical components, or there
exists any exposed wires or exoosed electrical components;
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b. There is an open and obvious modification or addition to anv of
the structure's plumbinq, and/or anv discharoe of water or other
effluent that is not into an ordinarily available drain:
c. The structure's interior walls have been destroved, moved. or
modified in anv wav. This mav be evidenced by marks on the
ceilinq and/or floor that are indicative of a wall havinq been moved
or removed, holes or passages in a wall that are not ordinary, and
maY be unfinished in appearance. This list shall not be considered
exhaustive such that any other evidence of walls beinq destroved,
moved or modified shall be proper:
d. Anv exterior window has been modified or covered in such a
waY. so as to inhibit or reduce eqress or which inhibits or prevents
normal use for ventilation purposes: this shall not include curtains
and other ordinary window coverinqs: or
e. Anv of the structure's exterior or interior doors have been
modified or covered in such a wav to prevent or inhibit inqress or
eqress.
(c) Notice.
UDon observation of anv one of the above criteria in subsection (b\. any City
enforcement personnel shall be authorized to post and shall post a notice in a
conspicuous location on the buildinq or structure that has been determined to be
unsafe.
(1) The posted notice shall read substantially as follows:
UNSAFE BUILDING. This buildinq or structure is, in the opinion of the City
of Miami Beach, unsafe. THts BUILDTNG SHALL BE VACATED-SHALL
NOT BE OCCUPIED. The owner should contact the Citv of Miami Beach
Buildinq Department immediatetv. THrs NoICE sHALL Nor BE
REMOVED EXCEPT BY THE BUILDING OFFICIAL. DATE (insert date
posted).
(2) Entry to anv structure posted with such a notice shall be prohibited
exceDt bv an order issued bv a court of competent iurisdiction, until such
time as all necessary inspections listed in subsection (4) have been
completed.
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(3) Within 24 hours of the notice beinq posted bv the Buildino Official,
the Miami Beach Police Department shall notifu the buildino department of
anY tresDass violations. Upon receivinq such notification from the Miami
Beach Police Department the buildinq department shall immediately send
a notice of violation in accordance with the provisions of this division. This
notice shall also state that Buildinq Official will conduct an inspection of
the structure and issue a notice of violation within five business davs.
(4) All structures that meet any of the criteria from subsection (cx1t
above and have been posted with the requisite notice. must be approved
bY the buildinq department based upon all of the followinq inspections
before the structure can be deemed safe for use:
a. An electrical inspection:
b. A plumbinq inspection: and
c. An inspection by a structural engineer.
U0on completion of the inspections described herein. an inspection report
shall be filed with the buildinq department for approval. The buildinq
official shall proscribe the forms to be used for the inspections described
herein and shall be authorized to charqe a fee for the review of the
inspection reports. Each inspection report shall certify that there is
currentlv no unsafe or hazardous conditions currentlv existino in the
structure, all Florida Buildinq Code violations corrected and the structure is
safe for occupancv. No buildinq deemed unsafe pursuant to this section
shall be occupied until the results from the required inspections have been
reviewed. and all permits have been obtained to brino the structure back
into compliance with the Florida Buildinq Code. Nothino herein shall
relieve the owner from the requirement to obtain permits for anv repairs
required to meet the requirements of this section.
(5) Within ten (10) workinq days of postinq the notice of violation and
notice of hearinq, the Buildinq Official shall send written notice of violation
and notice of hearino to the owner and any interested party. For these
Our0oses, the owner shall be the taxpayer as reflected in the most recentlv
certified real property ad valorem tax roll of Miami-Dade Countv: provided
however. where the records of the Dade Countv Propertv Appraiser
indicate that ownership has chanqed, the owner shall be the taxpayer as
reflected in those records. An interested party shall be the owner and anv
other Derson or entitv who has previouslv requested real propertv ad
valorem tax notices with respect to the subject propertv in accordance with
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Section 197.344 of the Florida Statutes, as the same may be renumbered
or amended from time to time. The notice of violation and notice of hearinq
shall be sent by certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Propertv
ADDraiser. Failure to receive such notice, or the lack of a sioned return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the Notice of
Violation, the Buildinq Official mav file an appropriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of this County. indicatinq that the property is in violation of the Buildinq
Code. The recordinq of the notice shall constitute constructive notice of
the violation to all concerned. subsequent purchasers. transferees,
mortaaoees, lessees, qrantees and all persons claimino or acquirinq
interest in the propertv. ln the event that the violation is corrected, the
Buildinq Official shall file proof of the same upon pavment for fees
incurred.
(7) The Buildinq Official shall publish a notice in a newspaper of oeneral
circulation once a week for two (2) consecutive weeks. The published
notice shall contain the address of the subiect property and the names of
the owner and any interested party, and state that the subiect propertv has
been found to be in violation of the Buildinq Code and subject to
demolition. The published notice shall also state the time and place of the
hearinq scheduled before the citv's Unsafe structures Board.
(8) The notices orovided in this Section are intended to serve as full and
effective notice of the hearinq and the violations related to the structure.
Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided by other means pursuant to this Section.
(d) Valuation criteria.
(1) lf the cost of completion. alteration, repair and/or replacement of an
unsafe buildinq or structure or part thereof exceeds 50 percent of its value,
such buildinq shall be demolished and removed from the premises. If the
cost of completion, alteration. repair and/or replacement of an unsafe
buildino or structure or part thereof does not exceed 50 percent of its
value, such buildinq or structure mav be repaired and made safe, as
provided herein.
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(2) For purposes of application of this formula, value shall be the
estimated cost to replace the buildinq in kind, excludinq depreciation. The
estimate shall be derived from multiplvinq the value of the square footaqe
of construction used bv the buildinq department to calculate the applicable
Dermit fee. That estimate shall be broken down on a percentaqe basis into
an estimate of the followinq critical elements of construction. as
aDDlicable: structural, roofino, electrical, plumbinq and mechanical, and
other buildino components ("valuation of construction components"). The
cost of completion. alteration. repair or replacement shall be estimated bv
aDDlication of the percentaqe of deterioration found on site for each of the
critical elements of construction to the valuation of construction
comDonents for the structure. to arrive at an overall estimated cost to
reDair the affected structure. The appointing authoritv shall bv
administrative order provide a form for the application of the formula set
forth above for the various tvpes of construction.
(3) lf a buildinq or structure may be repaired and made safe pursuant
to the valuation criteria set forth above, and the buildinq or structure is
otherwise unsafe in accordance with the physical criteria set forth in this
division, the Buildinq Official mav order such buildinq or structure to be
temDorarilv secured in the manner and subject to the limitations set forth
in this division. Such buildinq must be completed and brouqht into full
compliance with the Florida Buildinq Code within such time as the Buildinq
Official or unsafe structures panel mav determine to be reasonable for
such completion. lf the buildinq or structure is not temporarily secured,
comDleted and brouqht into full compliance with the Florida Buildinq Code
within the reasonable periods allowed. such buildinq or structure shall be
demolished and removed from the premises.
(e\ lnspection of unsafe buildinqs and structures.
The Buildinq Official. on his own initiative or as a result of reports by others. shall
examine or cause to be examined every buildino or structure appearinq or
reDorted to be unsafe. and if such is found to be an unsafe buildinq or structure
as defined in this division, the Buildinq Official shall proceed in the manner set
forth in this division.
(fl Emerqencv action.
When in the opinion of the Buildinq Official. there is actual or immediate danqer
of the failure or collapse of a buildino or structure. or there is a health, windstorm
or fire hazard. he may order the occupants to demolish, vacate, temporarilv close
for use or occupancv the riqhts-of-way thereto, sidewalks. streets or adiacent
buildinos or nearbv area and institute other such temporarv safequards, includinq
9of27
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securinq the buildino or structure or anv demotition or partial demolition, as he
rnaY deem n€cessary under the circumstances, and mav emoloy the necessarv
labor and materials to perform the required work as expeditiously as possible. !n
such event, the operation of the notice and hearinq requirements of this division
shall be suspended as reasonablv necessarv in the opinion of the Buildinq
Official to redress the emerqencv situation. Costs incurred in the performance of
such emerqencv work shall be paid bv the appropriate owner of the oropertv and
uDon the recordinq in the public records of Miami-Dade Countv, a certificate
executed by the Buildinq Official, certifyinq the amount so expended. the same
shall become a special assessment lien aqainst the property involved.
@\ Unsafe structures meetinq valuation criteria for immediate demolition.
(1) The provisions below shall applv to buildinqs or structures meetinq
the valuation criteria for demolition.
(2) The Buildinq Official shall prepare a notice of violation. The notice
shall state in summary form the nature of the defects which constitute a
violation of this division and shall order the structure to be demolished
within such time as is reasonable, subject to extension when requested in
writino within the reasonable discretion of the Buildinq Official. The notice
shall state that the specific details concerninq the violations can be
obtained in writinq from the Buildinq Official upon request. ln addition. the
notice will explain the riqht of appeal of the decision of the Buildinq Official
to the unsafe structures panel. in its appellate capacity, and advise that
unless the decision is appealed. the buildinq or structure shall be
demolished without further notice.
(3\ The notice of violation shall be affixed to the structure concerned.
The Buildinq Official shall also affix to the structure notice of the hearinq of
the unsafe structures panel scheduled to consider anv apoeal of the
decision of the Buildinq Official in connection with the structure. The notice
of hearinq shall be issued bv the director of the buildinq department or his
desiqnee for appeals to an unsafe structures panel advisinq persons to
aD0ear before the panel to show cause why the decision of the Buildinq
Official should not be carried out. The hearinq shall not be scheduled
earlier than 30 days followinq the date of postinq of the notice of hearinq
and notice of violation.
(4) The Buildinq Official shall post a notice bearino his or her sionature
in a conspicuous location on the buildinq or structure that has been
determined to be unsafe. The posted notice shall read substantiallv as
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follows: "UNSAFE BUILDING". This buildinq or structure is, in the opinion
of the Buildinq official. unsafe. "THIS BUILDTNG sHALL BE VACATED-
sHALL Nor BE occUPlED." Action shall be taken bv the owner as
prescribed bv written notice. "THls NoICE sHALL Nor BE REMovED
EXCEPT BY THE BUILDING oFFlclAL. DATE (insert date posted)."
(5) Within ten workinq davs of postino the notice of violation and notice
of hearinq, the Buildinq Official shall send written notice of violation and
notice of hearinq to the owner and any interested party. For these
DurDoses, the owner shall be the taxpaver as reflected in the most recenflv
certified real propertv ad valorem tax roll of Miami-Dade County: provided
however. where the records of the Dade County propertv Appraiser
indicate that ownership has chanoed, the owner shall be the taxpaver as
reflected in those records. An interested party shall be the owner and any
other oerson or entity who has previously requested real propertv ad
valorem tax notices with respect to the subject property in accordance with
Florida statutes Section 197.344, as the same mav be renumbered or
amended from time to time. The notice of violation and notice of hearinq
shall be sent bv certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Propertv
ADpraiser. Failure to receive such notice, or the lack of a siqned return
receipt shall not invalidate the notice.
(6) Upon expiration of the period of appeal provided in the notice of
violation. the Buildino Official mav file an appropriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of Miami-Dade Countv. indicatinq that the property is in violation of the
Florida Buildinq Code. The recordinq of the notice shall constitute
constructive notice of the violation to all concerned, subsequent
Durch?sers, transferees. mortqaqees, lessees. qrantees and all persons
claimina or acquirinq interest in the property. ln the event that the violation
is corrected, the Buildinq Official shall file proof of the same upon payment
for fees incurred.
(7) The Buildinq official shall publish a notice in a newspaper of
qeneral circulation once a week for two (2) consecutive weeks. The
Oublished notice shall contain the address of the subiect propertv and the
names of the owner and anv interested partv. and state that the subiect
DroDertv has been found to be in violation of the Florida Buildino Code,
and subiect to demolition. The published notice shall also state the time
and Olace of the hearino scheduled before the unsafe structures panel.
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(8) The notices provided in this section are intended to serve as full
and effective notice of the hearino and the viotations related to the
structure. Failure of one form of notice shall not invalidate or impair the full
effectiveness of notice provided bv other means pursuant to this section.
(h\ Unsafe structures not meeting the valuation criteria for immediate
demolition.
(1) lf a buildino or structure mav be repaired and made safe pursuant
to the valuation criteria set forth above, and the buildinq or structure is
otheMise unsafe in accordance with the physical criteria set forth in this
section. the Buildinq Official mav order such buildinq or structure to be
temDorarily secured in the manner and subject to the limitations set forth
in this section. Such buildinq must be completed and brouqht into full
comDliance with the Florida Buildinq Code within such time as the Buildino
Official or the unsafe structures panel may determine to be reasonable for
such completion. lf the buildino or structure is not temporarily secured, or
once served, not completed and brouqht into compliance with the Florida
Buildinq Codes within the reasonable periods allowed, such buildinq or
structure shall be demolished and removed from the premises.
(2) The Buildino Official shall prepare a notice of violation. This written
notice shall state in summarv form the nature of defects which constitute a
violation of this section and shall prescribe the action to be taken to
comDlv and the time within which compliance must be accomplished, in
such time not to exceed ten davs to secure an open structure to the
reasonable satisfaction of the Buildinq Official, 90 davs to obtain permits
to repair the structure, and 120 davs to brinq it into compliance with the
Florida Buildinq Code. This notice shall also state that the specific details
concerninq the violations can be obtained in writinq from the Buildino
Official on request. ln addition, this notice will explain the riqht of appeal of
the decision of the Buildinq Official to the unsafe structures panel, in its
aDDellate capacitv and also advise that unless there is compliance with the
directions of the Buildinq Official, a case will be commenced before the
unsafe structures after time for compliance has expired. or that the
Buildins Official's order will be enforced.
(3) The notice of violation shall be affixed to the structure concerned.
(4\ Within ten workino days of postinq the notice of violation, the
Buildinq Official shall send the written notice of violation to the owner and
anv interested partv, in the same manner provided in above.
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410
(5) ln the event that the buildinq or structure is not secured or brouqht
into compliance with the requirements of the Florida Buildinq Code within
the Deriods specified in the notice of violation, and no application for
extension is made in the manner set forth in this section. the Buildinq
Official mav schedule the case for hearinq before the unsafe structures
Danel to secure an order for demolition of the buildinq or structure or to
obtain anv other appropriate remedv.
(6) ln the event that the Buildinq Official requests that the director of
the buildinq department or his designee schedule a hearino. or in the
event that the owner or interested party files a timelv appeal of the
decision of the Buildinq Official, the secretarv to the board or director of
the buildinq department or his designee shall issue a notice of hearinq
which shall be affixed to the property, mailed to the owner and interested
DartY, in the same manner provided in subsection (q) above. Notice of the
hearino shall be published in the same manner provided in subsection (q)
above.
(il UDon expiration of the period of appeat provided in the notice of
violation, if the property has not been secured or permits for repair
obtained in the manner stipulated in the notice. the Buildino Official may
file an appropriate instrument in the public records in the manner provided
in subsection (g) above.
(8) The periods set forth in the notice of violation for brinoinq the
structure into compliance with the Florida Buildinq Code may be extended
bv the Buildino Official for one or more additional periods which in the
aoqreqate do not exceed an additional 180 davs. provided ail of the
conditions of this subsection are met. Application for the extension must
be made in writinq by the interested partv to the Buildino Official prior to
the expiration of the period allowed for compliance, and shall set forth to
the reasonable satisfaction of the Buildinq Official that the extension is
warranted by one or more of the followinq circumstances:
a. The interested partv has a demonstrated financial hardship that
will prevent the interested party from completino a buildinq or
structure:
b. The interested partv has filed a completed applicable land
development requlation board (Desiqn Review Board, Historic
Preservation Board. Board of Adjustment or planninq Board)
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411
hearinq application which affects the final completion of the buildinq
or structure and which land development reoulation board hearinq
re0uest has not received final approval or reiection from the City or
aDDlicable oovernmental aqency, includinq anv or all appeals to
court, for circumstances outside of the control for the interested
party:
c. The building or structure is a multiple dwellino structure as
defined in the Florida Buildinq Code and demolition of anv unit
comprisinq that structure compromises the structural inteoritv of the
entire multi-unit structure, where the completion of the structure is
outside of the control of the interested party:
d. The buildino or structure is the subject of pendino litioation that
renders it impossible for the buildino or structure to be completed:
e. The buildinq or structure is the subiect of a qood faith insurance
claim. the proceeds of which are intended to be utilized for repair
and completion:
f. The buildino or structure is the subject of a pendins sale to be
closed within a reasonable time from the date the extension is
reeuested, where the buyer has executed a written commitment to
the Buildinq Official to complete the structure within the applicable
extension period.
The written application for extension shall further represent to the Buildinq
Official that the buildinq or structure is and has at atl times been in full
compliance with all of the conditions set forth in this subsection.
(9) Upon receipt of the written application, the Buildinq Official shall be
authorized to extend the date of full completion and compliance with the
Florida Buildinq Code provided:
a. The completed written application demonstrates to the
reasonable satisfaction of the Buildinq Official that one or more of
the conditions set forth above exist with respect to the buildino or
structure:
b. The buildinq or structure is not open. vacant or abandoned,
havinq been secured at doors and windows in a manner acceptable
to the Buildins Official: and
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c. The interested partv has paid all reasonable costs of
enforcement.
(10) Any interested party may appeal to the unsafe structures panel a
decision to qrant or deny the extension. Such appeal must be filed within
30 davs of the date of mailinq of the Buildinq Official's written notice of his
or her decision with respect to the application for extension.
(i) Public hearins.
(1) On the dav established in the notice of public hearino the unsafe
structures panel shall review all pertinent evidence and hear all testimonv
from the Buildinq Official or his/her desisnee. the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel mav order repair. securinq, and/or
demolition of the structure upon application of the standards set forth in
this division. The unsafe structures panel mav modifv, rescind. or uphold
the decision of the Buildino Official as recited in the notice of violation. The
unsafe structures panel shall modifu or rescind a decision of the Buildinq
Official onlv upon a findinq that the Buildins Official was in error in the
interpretation or application of the Florida Buildinq Code. The unsafe
structures panel shall not exceed the time frames allowed for repair and
comDletion of buildinqs and structures specificallv set forth in this division,
exceDt where the work involved reasonablv requires such additional time.
(3) A copy of the order shall be fonrvarded to the owner. and all
interested parties bv reoistered or certified mail, and a copy thereof posted
on the property.
(4\ lf the owner or interested partv fails to complv with the order of the
unsafe structures panel within the time stipulated therein and such order is
to reDair, complete or secure the buildinq to make safe, then the Buildinq
Official shall cause such buildinq to be vacated. if occupied: and shall
throuqh his emplovees or throuqh a contractor enforce the order of the
unsafe structures panel or Buildinq Official. Buildinqs shall be secured with
concrete block or other materials of the same durability as determined bv
the Buildino Official. Swimmino pools shall be secured by fencino or bv
usino another approved method as determined by the Buildino Official.
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(5) lf the order of the unsafe structures panel is to demolish the
buildinq or structure and to remove or salvaoe contents. debris and
abandoned property from the premises, and the owner or those
resDonsible shall have failed to comply with such order, then the Buildinq
Official may do so. Swimminq pools shall be demolished bv removal of
anv staonant water and any above oround parts of the structure. breakino
open the bottom and fillinq with sand or clean fill level to the existino
qrade.
(i) Multi-unit structures.
(1\ This subsection shall be applicable to all multi-unit structures. As
used in this subsection, the term multi-unit structures means all
townhouses and other structures which contain units divided bv one or
more common walls, where the structural inteority of any component unit
deDends upon the structural inteoritv of one or more other units in the
same structure. ln the event that the owner or other interested party fails
to comDlY with anv order of the unsafe structures panel in connection with
anY multi-unit structure. then in addition to anv other riqht or remedv
contained in this section. the City shall be authorized. but not required, to
secure the structure in the manner set forth in this subsection. ln addition,
and not in deroqation of the use of other methods contemplated by this
section for enforcino the Florida Buildinq Code with respect to anv
structure. multi-unit structures may be secured by performinq whatever
work the Buildino Official mav determine is reasonablv necessary to
0reserve the structural inteqritv. water-tightness, or safety of adiacent
units or the surroundinq communitv which work may include. but not be
limited to roofino. windows, and electrical.
(2t The Drocedure for enforcement of this Code set forth above shall
be in addition to. and not in deroqation of, other procedures available to
the Buildinq Official pursuant to the Florida Buildinq Code. The provisions
of this subsection are not intended to exonerate any owner or other
interested Dartv from compliance with the Florida Buildinq Code or any
order of an unsafe structures panel.
(k) Recoverv of cost.
(1) All costs incurred pursuant to anv of the provisions of this section
shall be paid bv the owner. interested party, or occupant of the premises
on which the violation occurred.
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(2\ The Buildino Official shall file amonq his records an affidavit statinq
with fairness and accuracv the items of expense and the date of execution
of actions authorized by this section.
(3) Anv other emplovee. official or aqencv who incurs costs while
executina anv provision within this division shall create an affidavit statinq
with fairness and accuracy the items of expense and the date of execution
of actions authorized bv this section. That affidavit shall be qiven to the
Buildinq Official responsible for the unsafe structure at issue and filed
amonq his records for that propertv.
(4) The enforcinq aqencv mav institute a suit to recover such expenses
aqainst any liable person or mav cause such expenses to be charqed
aqainst the propertv on which the violation occurred as a lien or as a
sDecial assessment lien collectible accordinq to established procedures.
(5) Anv lien imposed pursuant to this division shall be a lien qreater in
dionitv to all liens, exceotinq IRS tax liens. Such existino lieni or liens
ifnposed hereafter shall be treated as special assessment liens aoainst
!hC-subject real property, and until fullv paid and discharqed, shall re{"nain
liens equal in rank and diqnitv with the lien of ad valorem taxes. and shall
be superior in rank and diqnity to all other liens. encumbrances, titles anddfuinJo or aoainst the real property involred: the maximum rate of
interest allowable bv law shall accrue to such delinquent accounts. Such
liens shall be enforced bv anv of the methods provided in Florida Statr.rteG
chapter 86: or, in the alternative. foreclosure proceedinqs mav be
instituted and prosecuted under the provisions applicable to practice,
?leadino and procedure for the foreclosure of mortqaqes on real estate set
forth in.tate.tatrt"s, o, mrv b" for"clor"d p"r F.s.ch. 173. or the
collection and enforcement of payment thereof mav be accomplished bv
anv other method authorized by law. The owner and/or operator shall pav
all costs of collection, includinq reasonable attorney fees, incurred in tfie
collection of fees, service charqes, penalties and liens imposed bv virtue
of this article.
(6) Liens created pursuant to this section mav be discharqed and
satisfied by payinq to the City the amount specified in the notice of lien.
toqether with interest thereon from the date of the filins of the lien
comDuted at the maximum statutorv interest rate, tooether with the
administrative costs. filinq and recordinq fees and fees paid to file a
satisfaction of the lien in the public records. When anv such lien has been
discharqed. the City shall promptly cause evidence of the satisfaction and
discharqe of such lien to be recorded in the public records.
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(7) The remedies and procedures for recoverv of costs provided in this
division shall be in addition to and not in deroqation of other provided in
the Florida Buildinq Code or otherwise provided by law.
(l) Unsafe structure panels.
Unsafe structures panels are hereby created to conduct hearinqs as provided for
under this section.
(1) ComposrTion. Unsafe structures panel(s) shall consist of three
members from the list of panel members available from the Countv Clerk
pursuant to Miami-Dade county Administrative order No. 2-5. as
amended. A buildinq department representative will serve as an ex-officio,
non-votin0 member of each panel, to act as a liaison. The ex-officio
member shall not count toward a quorum of the panel.
(2\ Desfunafion. At the request of the director of the buildinq
de0artment. the county clerk shall desiqnate three members to constitute
one or more unsafe structures panel(s) to conduct hearinqs on the dates
scheduled by the director of the buildinq department or his desiqnee. At
least one of the members on each panel shall have knowledoe of
construction qained from experience as an architect, enqineer. qeneral
contractor or lawyer. The director of the building department shall not have
anv inDut into which members are desiqnated to comprise a particular
Panel.
(3\ Orqanization of the unsafe structures panels.
a. The director of the buildinq department mav utilize one or
more unsafe structures panel(s) as needed to conduct hearinqs.
b. Quorum.All three (3\ unsafe structures panel members must
be present to conduct a hearing or take anv action.
c. A maioritv vote of unsafe structures panel members present
and votinq shall be sufficient to overrule. modify or affirm anv action
or decision of the Buildinq official or to take anv action within the
scope of the powers and duties of the panel.
d. No member of an unsafe structures panet shall sit as a
votinq member in anv hearing on a matter in which he has a
personal or financial interest.
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e. The director of the City Buildinq Department, or his
desiqnee. shall assist the unsafe structures panel, but shall have no
vote.
f. The director of the citv Buildinq Department or his desionee
mav call and schedule unsafe structures hearings.
q. Audio record shall be kept of all unsafe structures hearinqs
and all hearinqs shall be public.
h. All hearings shall be open to the public, and any person
whose interest may be affected by the matter on appeal shall be
qiven an opportunity to be heard in person. or throuqh his attorney.
i. witnesses mav be sworn and subpoenaed by the unsafe
structures panel in a like manner as they are subpoenaed bv the
court or courts in Miami-Dade Countv.
i. The hearinqs shall be informal and need not be conducted
accordinq to technical rules relatino to evidence and witnesses.Anv
relevant evidence shall be admitted if it is the tvpe of evidence on
which responsible persons are accustomed to rely in the conduct of
serious affairs reqardless of the existence of any common law or
statutory rules which mioht make improper the admission of such
evidence over obiection in civil actions.
k. Hearsay evidence mav be used for the purpose of
supplementinq or explaininq anv direct evidence but shall not be
sufficient in itself to support a findino unless it would be admissible
over objection in civil actions.
l. The rules of privileoe shall be effective to the same extent
that thev are now, or hereafter mav be. recoqnized in civil actions:
and irrelevant and unduly repetitious evidence shall be excluded.
m. The director of the citv buildinq department shail provide
adequate and competent clerical and administrative personnel and
such technical or scientific personnel as mav be reasonably
required by the unsafe structures panels for the proper
performance of their duties. subiect to budqet limitations. The
director of the citv buildinq department shall maintain a record of all
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Droceedinqs. includinq but not limited to a court reporter's transcript
of the proceedinq, and may clarifv the same as a true copy and
make a reasonable charqe therefore: provided, the court reporter
shall certifu the copy of his or her transcript.
n. The director of the City buildinq department shall provide a
reqular meeting place for the panel.
(4\ Duties. powers and compensation of the unsafe structures panels.
The unsafe structures panels and shall have the followinq duties,
functions, powers and responsibilities:
a. Hear and determine appeals from actions and decisions of
the Buildinq Official pursuant to the provisions of this section.
b. Hear and review the application of the Buildino Official for
the review of his or her action where his or her decision as
indicated in a notice of violations has not been complied with.
c. Affirm. modify or reverse the decision of the Buildinq Official
upon appeal or on application for review.
d. In the event of judicial review of an unsafe structure panel
order. the director of the City buildinq department or his desiqnee
shall transmit the records with all exhibits, instruments, oapers and
transcripts of its proceedinqs to the reviewinq authoritv if so
requested.
e. The members of the unsafe structures panels shall be
compensated as provided for under Miami-Dade countv
Administrative Order No. 2-5. as amended. Moreover. the members
shall not be emplovees of the City.
(5) Dufies of fhe CrTv affomey. The Citv attorney shall either be counsel
to the unsafe structures panel or shall represent the Citv by presentinq
cases to the unsafe structures panel, but in no case shall the Citv attorney
serve in both capacities.
(m) Requests for extensions of time.
AnY owner or authorized representative may seek an extension of the timeframes
set forth in an order of the unsafe structures panel. Such request for a hearinq to
seek such extension must be in writinq. directed to the unsafe structures panel.
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The unsafe structures panel shall not be authorized to extend any deadline for
comDliance, set forth in the order, unless the secretary of the unsafe structures
Danel receives the written request for extension prior to the deadline specified in
the initial order. For example. in the event the unsafe structures panel order
states that a permit must be obtained within a specified period. the request for
extension of the deadline to obtain the permit must be received prior to the
expiration of that specified period. lf the same order orovides a deadline for
comoletion of the structure. the request for the extension for the deadline of
comDletion must be received prior to the deadline for completion, provided that
the aoDlicant has complied with the permit deadline. ln no event may the unsafe
structures Oanel orant more than one extension of time for each initial order.
To obtain an ex'tension. the owner or applicant must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is
the subiect of the order is secure at the time the extension is souoht and that the
owner or aDDlicant has made a oood faith attempt to complv with the order which
has been impeded bv chanqed circumstances or other circumstances outside of
the owner or applicant's control. As a further condition of the extension. the
owner or aDDlicant must submit in writing, toqether with the petition for an
extension. a written timetable for compliance with the substantive provisions of
the order and for completion of all necessarv repairs. The unsafe structures
Oanel shall not reconsider the order. limitinq its consideration of the petition to
decidina whether the orounds for an extension have been satisfied in the manner
set forth in this subsection.
(n) Judicial review.
Anv owner or authorized representative aoqrieved bv a decision of the unsafe
structures panel may seek iudicial review of that decision in accordance with
Rule 9.110(c) of the Florida Rules of Appellate Procedure. Accordinolv, anv
order, requirement, decision. denial of a request for extension of time. or
determination of the unsafe structures panel shall be reviewed bv the filinq of a
notice of appeal in the circuit court appellate division of the Eleventh Judicial
Circuit in and for Miami-Dade Countv. Florida, within 30 days of rendition of the
order.
(o) Definitions.
BurTdrnq or sfrucfures shall be svnonvmous.
/nferesfed parfies shall be defined as stated in Chapter 14 of this Code.
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All other definitions shall be defined as stated in Chapter 14 of this Code or
Chapter 8 of the Miami-Dade Countv Code.
Sec. 10-501. Maintenance of vacant lots after demolition of structures.
(a) lntent.
It is the intent of this section to requlate an improved or unimproved lot that has
become vacant or the qround has been left in disarray or excavated due to
demolition of a structure(s) on the lot and to implement requlations to:
(1) Ensure the lot is rehabilitated in a park-rike appearance:
(2) Reduce neiqhborhood bliqht and its nesative effects bv requlatino
the aesthetic character of vacant lots. formerry improved lots: or
(3) Ensure the lot does not have portions of land which have been
excavated and not returned to a uniform and level orade after a
demolition.
(b) Definitions.
For the Durpose of this section. the followinq words and phrases shall have the
meaninq respectively ascribed to them by this subsection:
(1) Vacanf /of; As defined in City Code section 46-91, as amended, a
lot, tract, or other parcel of land in the Citv that does not have a structure
or buildinq on the land.
(2) Sfrucfure: As defined in City Code section 114-1, as amended. a
structure or buildinq as defined bv the Florida Buildino Code, as amended.
(3) Iree: As defined in City Code Chapter 46, as amended. anv self-
supDortina woodv plant or palm which usuallv has a sinole main axis or
trunk. with a minimum trunk diameter at breast heiqht of two inches and a
minimum overall heioht of 12 feet. This definition excludes plants which
are defined as shrubs, hedqes, vines. or qround covers. Palms shall have
a minimum height of 14 feet in order to be classified as a tree.
(4) Lof: A parcel of land: a portion of land: propertv.
(b) Minimum requirements.
When a structure has been demolished and real propeil
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420
lot or a Oortion of a lot has been left in disarray or excavated because of a
demolition, the owner of the lot shall. at a minimum:
(1) Remove all debris resultinq from the demolition of the
structure, along with anv other qarbaoe from the lot.
(2\ Refill and qrade the lot in accordance with subsection (dt.
and laY down sod or hydroseed on anv exposed dirt on the lot.
Nothin0 in this section shall be construed to require the removal of
trees from the lot.
(3) If the owner, fails to complv with the provisions of this
section. the City. mav issue a notice of violation. Moreover. after
DroDer notice to the owner of record as listed in the Miami-Dade tax
roll, certified mail return receipt reouested. the Citv mav refill. qrade.
and sod the lot and impose a lien on the propertv for the work done.
(d) Fill requirements.
The re-fillinq, qradinq. and soddinq of the lot shall comply with the Florida
Buildins Code. as amended.
(e) Enforcement provision.
This section mav be enforced in accordance with the Florida Buildinq Code.
Nothinq in this section precludes the Buildinq Official or his/her desiqnee from
enforcinq this section bv anv and all means provided bv law, includinq but not
limited to, anv actions in Circuit Court.
(fl Special assessment provision.
(1) Under the lawful authority qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166, the City herebv authorizes the
lew and collection of special assessments to the fund the costs of any
work done bY the City to enforce compliance with the requirements of this
section.
(2) Anv work undertaken bv the Citv under this section shall be treated
as sDecial assessment liens aqainst the subiect real property, and until
fullv Daid and discharqed. shall remain liens equal in rank and dionity with
the lien of ad valorem taxes, and shall be superior in rank and diqnity to all
other liens. encumbrances. titles and claims in. to or aqainst the real
DroDertY involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced by any
23 ot27
421
of the methods provided in Florida Statutes Chapter 85, as amended. or.in the alternative, foreclosure proceedinos may be instituted and
Drosecuted under the provisions applicable to practice. pleadinq and
Orocedure for the foreclosure of mortqaqes on real estate set forth in state
statutes. or mav be foreclosed pursuant to Florida Statutes Chapter 173.
as amended. or the collection and enforcement of payment thereof may
be accomplished bv any other method authorized bv law. The propertv
owner shall pay all costs of collection, includinq reasonable attorney fees,
incurred in the collection of fees, service charqes. penalties and liens
imposed bv virtue of this section. Additionallv. the Citv mav elect to utilize
the uniform method for the lew, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes Section 197.3632, as
mav be amended from time to time.
(o) Best efforts.
The Citv, when at all possible, will use best efforts to complv with the provisions
of this section when demolishinq propertv within the City. reqardless of
ownership.
Sec. 14-502. Maintenance of lots or propertv containing excavated
construction sites or excavated sites in considerable non-compliance with
the Florida Buildins Code.
(a) lntent.
It is the intent of this section to requlate property containinq excavated
construction sites or excavated sites that have become a nuisance or a danoer to
the communitv and are in considerable non-compliance with the Florida Buildinq
Code. pursuant to the Buildins Official. This section seeks to implement
requlations to:
(1\ Reduce neiqhborhood bliqht and its neqative effects by reoulatins
the aesthetic character of lots or property containinq excavated
construction sites or excavated sites: or
(2) Ensure the lots or property containino excavated construction sites
or excavated sites do not have portions of land which have been
excavated are returned to a uniform and level qrade.
(b) Definitions.
For the purpose of this section, the followinq words and phrases shall have the
meaninq respectively ascribed to them by this subsection:
24 of 27
422
(1) Consfrucfion sife; A lot or site on which a structure is beino built or
constructed.
(2) Excavafion: excavafed slfe; A site that has been unearthed: a site
made hollow bv removing the inner part: a site which has a hole or cavity
in or formed into a hollow. as by diqqinq.
(3) Excavafed consfrucfion sife; A construction site which has an
excavation or hole.
(4) F/onda Buldrno Code; The unified buildino code for the State of
Florida. adopted by the Florida Buildino Commission pursuant to Fla. Stat.
Section 553.73 et. seq., as the same mav be amended from time to time.
(5) Lof; A parcel of land: a portion of land: property.
(c) Minimum requirements.
When an excavated construction site or an excavated site has been left derelict
and in disarrav for more than three months, to the point that the propertv is
deterioratinq and poses a danoer to the community, the Buildinq Official shall
make a determination as to whether the propertv is in substantial non-compliance
with the Florida Buildinq Code and Chapter 8 of the Miami-Dade Countv Code
and at such time, order the property owner. via a notice of violation, that such
violations must be corrected within the time set on the notice.
(1) lf the property owner refuses to correct the violations on the
DroDertv. as stated in subsection (d) below or commence construction on
the DroDerty, the Buildins Official shall be authorized to return the property
to a uniform and level qrade.
(2) The Buildinq Official shall order the property to be refilled and
araded in accordance with subsection (d) below. Moreover, the Buildinq
Official shall order sod or hydroseed on any exposed dirt on the propertv.
(3) Nothino in this section shall be construed to require the removal of
trees from the lot. Nothinq in this section shall prevent the propertv owner
from performinq this re-filling on his/her own.
(d) Fill requirements. The re-fillinq, oradinq, and soddinq of the lot shall
complv with the Florida Buildinq Code, as amended.
25 of 27
423
(e) Enforcement provision. This section mav be enforced in accordance
with ChaDter 30, entitled "code enforcement." Nothino in this section precludes
the CitY from enforcino this section bv anv and all means provided by law.
includinq but not limited to. anv actions in the circuit court.
(fl Special assessment provision.
(1) Under the lavuful authoritv qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166. the City herebv authorizes the
levY and collection of special assessments to the fund the costs of any
work done bv the City to enforce comoliance with the requirements of this
section.
(2) AnY work undertaken bv the City under this section shall be treated
as sDecial assessment liens aqainst the subject real property. and until
fullv paid and discharqed, shall remain liens equal in rank and diqnitv with
the lien of ad valorem taxes, and shall be superior in rank and diqnitv to all
other liens, encumbrances, titles and claims in, to or aoainst the real
DroDertv involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced bv anv
of the methods provided in Florida Statutes Chapter 85. as amended, or,in the alternative, foreclosure proceedinqs mav be instituted and
Drosecuted under the provisions applicable to practice, pleadinq and
Drocedure for the foreclosure of mortqages on real estate set forth in state
statutes, or may be foreclosed pursuant to Florida Statutes Chapter 173,
as amended, or the collection and enforcement of pavment thereof mav
be accomplished bv anv other method authorized bv law. The propertv
owner shall Day all costs of collection, includino reasonable attornev fees.
incurred in the collection of fees, service charqes, penalties and liens
imDosed bY virtue of this section. Additionally, the Citv mav elect to utilize
the uniform method for the lew, collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes $ 197.3632. as mav be
amended from time to time.
Sec 14-503 throuqh 14-698 Reserved.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
26 of 27
424
sEcTtoN 3. coDtFtcATtoN
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the
City of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake 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:
[Sponsored by Commissioner Wolfson]
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426
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oevetoprnent anO
SupportingData(Surveys,EnvironmentalScan,etc48%ofresidentialW
businesses rate the effort put forth by the City to regulate development is "about the rioht amount."
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance amending and modifying the unit size and lot coverage
exceptions for accessory structures, and by clarifying and amending the requirements for skylights.
AGENDA rrem RSL
Item S ummary/Recommendation :
FIRST READING
The subject Ordinance would place a cap on the maximum size of a covered terrace associated with
an allowable accessory structure within the required rear yard, to no more than 2o/o of the lot area.
Portions beyond 2o/o would have to be counted towards the unit size. The Ordinance would place a
cap on the size of the outdoor covered areas not counted in lot covera ge to 2o/o of the lot area. ln
addition, a definition for'Pergolas' has been incorporated into the proposed legislation, along with a
limit on the size of 'skylights', which are an allowable height exception for single family home.
On December 10, 2014 lhe Land Use Committee discussed the proposed Ordinance and
recommended that the Planning Board transmit it to the City Commission with a favorable
recommendation.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a Second Readinq Public for Mav 6. 2015.
Board Recommendation:
Financial lnformation:
onFebruary24,2015,thePlanningBoard(voteof5-0),transmittedtheary
City Commission with a favorable recommendation. (Planning Board File No. 2232).
Source of
Funds:
Amount Account
I
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
!udSet.
Thomas Mooney
T:\AGENDA\201S\April\SF Dev Regs Accessory Lot Cov and Unit Size - First Reading SUM.docx
MIAMIBEACH orre V-/Flf427
MIAMI BEACH
City of Miomi Beach, I200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE; April 15,2015
SUBJECT: Single Family Development Reg - Lot Goverage and Unit Size
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRS) OF THE CITY GODE, AT
CHAPTER 142, ..ZONING DISTRTCTS AND REGULATIONS,"
ARTICLE ll, "DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2,
RS-3, RS-4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY
AMENDING AND MODIFYING THE UNIT SIZE AND LOT COVERAGE
EXCEPTIONS FOR ACCESSORY STRUGTURES, AND BY
CLARIFYING AND AMENDING THE REQUIREMENTS FOR
SKYLIGHTS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6,2015.
BAGKGROUND
On February 12, 2014, the Commission adopted comprehensive revisions to the single
family development regulations. on September 30, 2014, at the request of
Commissioner Joy Malakoff, the City Commission referred an item to the Planning Board
and the Land Use and Development Committee (ltem C4A), pertaining to additional
refinements to the single family development regulations regarding lot coverage and
units size for Accessory Structures.
On December 10, 2014 the Land Use Committee discussed the proposed Ordinance
and recommended that the Planning Board transmit it to the City Commission with a
favorable recommendation.
FIRST READING
428
Commission Memorandum
Single Family Development Regulations - Lot Coverage and lJnit Size
April 15, 2015 Paqe 2 of 3
ANALYSIS
Unit Size
When the comprehensive revisions to the single family development regulations were
adopted on February 12, 2014, portions of covered terraces projecting more than 10 feet
from a building were required to be counted in the unit size calculations of the home.
This also included typical accessory structures, which often consist of a single story
cabana structure with a bathroom and an associated covered terrace area. ln order to
create a reasonably sized outdoor terrace area, these covered terraces often project
more than 10 feet from the enclosed portion of a cabana building or accessory structure.
Covered portions projecting beyond 10 feet are required to be counted toward the unit
size.
As part of more comprehensive changes to the single family regulations, a separate
Ordinance recently adopted by City Commission clarifies that the inclusion of covered
terraces beyond 10 feet in the unit size requirements applies to the main home
building(s) only.
The subject Ordinance would place a cap on the maximum size of a covered terrace
associated with an allowable accessory structure within the required rear yard, to no
more than 2o/o of the lot area. Portions beyond 2o/o would have to be counted towards the
unit size. Using the example of a typical 60'x 175', 10,500 sF waterfront lot, the
maximum area of any accessory structures in the required rear yard is 25o/o of lhe
required rear yard area (1,575 SF), or 393 SF. With a 2o/o limitation on covered terraces,
in this example the covered terrace area could not exceed 210 SF. This allows
reasonably sized covered terrace area as part of an accessory structure that
proportional to the size of the lot.
Lot Goveraqe
Currently outdoor covered areas that are open on at least 2 sides and not covered by a
floor above are not included in the lot coverage calculations. Concerns have been
expressed with the size of these outdoor covered areas, which presently are not counted
towards the maximum lot coverage requirements of a home. While portions projecting
more than 10 feet from a building are counted in the unit size, with the new exception
noted above, covered areas open on all sides are not counted in either the unit size or
lot coverage of a home, regardless of their size. The subject Ordinance would place a
cap on the size of the outdoor covered areas not counted in the overall lot coverage to
2o/o of the lot area. Beyond this, the covered area would count toward the overall lot
coverage.
Lastly, a definition for'Pergolas' has been incorporated into the proposed legislation,
along with a limit on the size of 'skylights', which are an allowable height exception for a
single family home.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
a
is
429
Commission Memorandum
Single Family Development Regulations - Lot Coverage and tJnit Size
April15,2015 Page 3 ol 3
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6,2015.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201S\April\sF Dev Regs Accessory Lot cov and unit size - First Reading MEM.docx
430
Single Family Home Development Regulations
Unit Size And Lot Coverage For Accessory Structures
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATTONS (LDRS) OF THE Ctry CODE, AT CHAPTER 142, ,,ZON|NG
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DlvlsloN 2, "Rs-l, RS-2, RS-3, RS-4 SINGLE-FAMILy RESTDENTIAL
DISTRICTS," BY AMENDING AND MODIFYING THE UNIT SIZE AND LOT
GOVERAGE EXCEPTIONS FOR ACCESSORY STRUCTURES, AND BY
GLARIFYING AND AMENDING THE REQUIREMENTS FOR SKYLIGHTS;
PROVIDING FOR REPEALER; GODIFICATION; SEVERABILITY; AND AN
EFFEGTIVE DATE.
WHEREAS, the regulation of additions and new construction in single-family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the single-family
home development regulations; and
WHEREAS, it is appropriate to update the lot coverage and unit size regulations to
include limits on covered structures; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated February 24,2015, by a vote of
5 to 0 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-105, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-105. Development regulations and area requirements.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
431
($ Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless otherwise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered terraces, breezeways, or open porches, that do
not project more than ten feet from the main home building(s).
4. Sinole-storv covered terraces and porches. which, with the exception of
supportinq structures. are open on at least three (3) sides, and are part of
a detached sinqle storv accessory structure located within a rear vard.
provided such terrace or porch does not exceed two percent (2%) of the
lot area.
4.5. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
5.6. Those portions of covered exterior unenclosed private balconies, that do
not project more than six feet from the building.
(5) Lot coverage (building footprint).
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof. lnternal courtyards, which are open to the sky, but which
are substantially enclosed by the structure on three or more sides, shall be
included in the lot coverage calculation. However, outdoor covered areas, such
as, but not limited to, loggias, covered patios, pergolas, etc., that are open on
at least two sides, and not covered by an enclosed floor above, shall not be
included in the lot coverage calculation, in accordance with the followinq:
1. When attached to the main home buildinq(s) with a proiection of 10 feet or
less. such outdoor covered areas shall not be included in the lot coveraqe
calculation.
2. When detached from the main home buildinqs(s). or part of an attached
structure proiectino more than 10 feet from the main home buildinos(s), such
outdoor covered areas shall not be included in the lot coveraoe calculation.
2432
provided that such outdoor covered area(s) do not exceed two percent (2%) of
the lot area.
For purposes of this section, a peroola shall be defined as a qarden walk or
terrace formed bv two rows of columns or posts with an open framework of
beams and cross rafters over which plants mav be trained.
(7) Height exceptions. The height regulation exceptions contained in section 142-
1161 shall not apply to the RS-1, RS-2, RS-3 and RS-4 zoning districts. The
following exceptions shall apply, and unless otherwise specified in terms of
height and location, shall not exceed ten feet above the roofline of the structure.
ln general, height exceptions that have not been developed integral to the
design intent of a structure shall be located in a manner to have a minimal visual
impact on predominant neighborhood view corridors as viewed from public
rights-of-way and watenrays.
a. Chimneys and air vents, not to exceed five feet in height.
b. Decorative structures used only for ornamental or aesthetic purposes such
as spires, domes, belfries, and covered structures, which are open on all
sides, and are not intended for habitation or to extend interior habitable
space. Such structures shall not exceed a combined area of 20 percent of
the enclosed floor area immediately one floor below, and shall be setback
a minimum of ten feet from the perimeter of the enclosed floor below.
c. Radio and television antennas.
d. Parapet walls, only when associated with a habitable roof deck, not to
exceed three and one-half feet above the finished roof deck height, and set
back a minimum of ten feet from the perimeter of the enclosed floor below.
e. Rooftop curbs, not to exceed one foot in height.
f. Elevator bulkheads shall be located as close to the center of the roof as
possible and be visually recessive such that they do not become vertical
extensions of exterior building elevations.
g. Skylights, not to exceed five feet above the main roofline, and provided
that the area of skvliqht(s) does not exceed 10% of the total roof area of
the roof in which it is placed.
h. Air conditioning and mechanical equipment not to exceed five feet above
the main roofline and shall be required to be screened in order to ensure
minimal visual impact as identified in the general section description
above.
i. Rooftop wind turbines, not to exceed ten feet above the main roofline.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
433
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECT!ON4. SEVERAB!LITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shalltake effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Stri*e$+eugh denotes deleted language
[Sponsored by Commissioner Malakoffl
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4434
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance that amends and clarifies the measurement of fences, walls,
and gates within a required yard in Single-Family Residential Districts.
Financial
AcENDA rrem RSM
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the Citv to
Item Summary/Recommendation :
FIRST READING
The subject Ordinance would allow the overall height of fences, walls and gates in Single-Family
Residential Districts to be measured from adjusted grade, provided that the portion of such fences,
walls or gates above 4 feet in height consist of aluminum pickets with a minimum spacing of 3 inches.
On December 10, 2014 the Land Use Committee discussed the proposed amendments and
recommended that a modification to the measurement of fence heights be referred to the Planning
Board. On December 17,2014, the City Commission referred the item to the Planning Board.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Public Hearinq for May 6, 2015.
On February 24, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2230).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGEN DA\201 S\April\Fence heights - First Reading SUM.docx
MIAMIBEACH D^rE c{-l trlS435
MIAMI BEACH
Ciry of ,tiiomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33 i 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City Com
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2015
SUBJECT: Single Family Home Regulations Heights
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATTONS (LDR) OF THE CtTy CODE,
CHAPTER 142, "ZONING DISTRIGTS AND REGULATIONS,"
ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS,'' AT
SECTION 142.1132, "ALLOWABLE ENCROACHMENTS WTTHIN
REQUIRED YARDS," BY AMENDING AND CLARIFYING THE
MEASUREMENT OF FENCES, WALLS, AND GATES WITHIN A
REQUIRED YARD; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6, 2015.
BAGKGROUND
On September 17,2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to
the maximum elevation of required yards in reference to increased seawall height
requirements (ltem C4B). On November 5, 2014, the Land Use Committee discussed
proposed amendments and continued the discussion to the December 10, 2014
meeting.
On December 10, 2014 the Land Use Committee discussed the proposed amendments
and recommended that a modification to the measurement of fence heights be referred
to the Planning Board. On December 17,2014, the City Commission referred the item to
the Planning Board.
FIRST READING
436
Commission Memorandum
Single Family Home Regulations - Fence Heights
April15,2015
ANALYS!S
Currently, within single family districts, the maximum elevation of a required yard is
limited to no higher than 'adjusted grade', which is the midpoint between the minimum
required flood elevation and 'grade'. Grade is the sidewalk elevation at the center of the
property. For example, if grade is 4' NGVD, and the minimum flood elevation is 8'
NGVD, then adjusted grade is 6' NGVD. ln this instance the maximum elevation of a
required yard could not exceed 6' NGVD, or 2' above sidewalk grade.
On December 10th, 2014, as part of a related Ordinance amendment potentially allowing
increased elevations within required yards, the Land Use Committee recommended that
the heights of fences, walls and gates within interior and rear yards be modified by
measuring such heights from adjusted grade rather than grade as currently required.
Currently, within the required rear or side yard, fences and walls are measured from
grade.
As proposed, within single family districts zoned RS-1 or RS-2, the overall height of
fences, walls and gates would be measured from the adjusted grade, provided that the
portion of such fences, walls or gates above 4 feet in height consist of aluminum pickets
with a minimum spacing of 3 inches. Requiring a more open type picket fence above 4
feet in height will help minimize what could otherwise be a very tall solid structure when
viewed from a neighboring property with a much lower elevation.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the proposed Ordinance be limited to homes located in
RS-1 and RS-2 districts.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6,2015.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201 S\April\Fence heights - First Reading MEM.docx
437
Fence Heights
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR) OF THE
CITY GODE, CHAPTER 142, "ZONING DISTRIGTS AND REGULATIONS," ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4,,,SUPPLEMENTARY YARD
REGULATIONS,'' AT SECTION 142-1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS," BY AMENDING AND GLARIFYING THE MEASUREMENT OF FENCES,
WALLS, AND GATES WITHIN A REQUIRED YARD; PROVIDING CODIFICATION;
REPEALER; SEVERABIL!TY; AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City, and the City
has previously implemented increased height allowance for single family homes in recognition
of rising sea levels; and
WHEREAS, the raising of required yards in single family districts to adjusted grade is
allowed and encouraged in order to minimize impacts from future flooding events; and
WHEREAS, it is appropriate to amend the amend the height regulations for fences, walls,
and gates within the required side and rear yards based upon the higher yard elevations; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-1132, "Allowable encroachments within required yards", is
hereby amended as follows:
(h) Fences, wal/s, and gates. Regulations pertaining to materials and heights for fences,
walls and gates are as follows:
(1) All districts except l-1 :
a. Within the required front yard, fences, walls and gates shall not exceed five
feet, as measured from qrade. The height may be increased up to a maximum
total height of seven feet if the fence, wall or gate is set back from the front
property line. Height may be increased one foot for every two feet of setback.
For properties zoned multifamily and located within a locally designated
historic district or site, fences shall be subject to the Certificate of
Appropriateness review procedure, and may be approved at the administrative
level.
b. Within the required rear or side yard, fences, walls and gates shall not exceed
seven feet, as measured from qrade, except when such yard abuts a public
right-of-way, watenruay or golf course, the maximum height shall not exceed
five feet. Within RS-1 or RS-2 sinole familv districts. in the event that a
propertv has approval for adiusted orade, the overall heioht of fences. walls
438
and qates mav be measured from adiusted orade, provided that the portion of
such fences. walls or oates above four (4) feet in heiqht consists of aluminum
pickets with a minimum spacinq of three (3) inches. unless otherwise approved
bv the desion review board or historic preservation board, as applicable.
All surfaces of masonry walls and wood fences shall be finished in the same
manner with the same materials on both sides to have an equal or better
quality appearance when seen from adjoining properties. The structural
supports for wood fences, walls or gates shall face inward toward the property.
Chainlink fences are prohibited in the required front yard, and any required
yard facing a public right-of-way or waterway (except side yards facing on the
terminus of a dead end street in single-family districts) except as provided in
this section and in section 142-1134.
Chainlink fences may be erected to surround vacant lots or vacant buildings to
minimize the possibility of the property becoming a dumping area. Such fence
shall be permitted on a temporary basis for a period not to exceed one year
and subject to its removal prior to the issuance of a certificate of use or a
certificate of occupancy for a main permitted use on the property. ln the
architectural district, such a fence shall be vinyl coated.
Barbed wire or materials of similar character shall be prohibited.
g. Vacant lots in the CD-1 , CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS4, RM-1,
RM-2, RM-3, R-PS1, R-PS2, R-PS3, R-PS4, RM-PS1, and MXE districts must
be secured against motor vehicle entry at all entry points by a chain, hedge,
fence, or other such material approved by the planning and zoning director.
(2) ln l-1 light industrial districts, within the front, rear or side yard a fence shall not
exceed seven feet, as measured from qr , excluding barbed wire or materials of
similar character. Barbed wire or materials of similar character shall be elevated
seven feet above grade and be angled towards the interior of the lot. The combined
height of a wall or fence plus barbed wire or materials of similar character shall not
exceed nine feet. Vacant lots in the l-1 district must be secured against motor
vehicle entry at all entry points by a chain, hedge, fence or other such material
approved by the planning and zoning director.
(3) For government facilities in GU and CCC districts, a fence surrounding the property
may be located on the property line, not to exceed six feet in height, as measured
from qrade. The height may be increased up to a maximum total height of eight feet
if the fence is set back one foot from the property line, subject to design review
approval; fence(s) shall be constructed in a manner such that there is substantial
visibility through the fence.
c.
d.
e.
f.
439
SECTION2. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERAB!LIry
lf any section, subsection, clause or provision of this
remainder shall not be affected by such invalidity.
SEGTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
Ordinance is held invalid, the
PASSED AND ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified By:
Thomas R. Mooney, AlCp
Planning Director
Underline = new language
StrifeHreugh = deleted language
[Sponsored by Commissioner Malakoff]
T:\AGENDA\2O1 s\April\Fence Heights - First Reading ORD.docx
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
2015.
Philip Levine, Mayor
440
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance amendment regarding the procedures for the issuance of
demolition permits for structures that are located within local historic districts and historic sites in order
with the requirements of the Florida Buto comply with the requirements of the Florida Buildinq Code.
AGEr{DA rreru RSnJ
DArE (-ts-ls
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate
ltem Summary/Recommendation :
FIRST READING
The proposed Ordinance would amend the requirements to obtain a full building permit prior to
obtaining a demolition permit for structures that are located within local historic districts or individually
designated as an historic slte, in order to comply with the requirements of the Florida Building Code.
Rather than require a full building permit, the modification requires that a building permit process
number be issued, that the building permit application be reviewed and approved by the Planning
Department, and that all applicable fees for new construction be paid.
On June 12,2014, the Land Use Committee discussed the proposal, and recommended that the City
Commission refer an Ordinance Amendment to the Planning Board.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Readinq and schedule a Second Public Hearinq for May 6, 2015.
On February 24, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the
City Commission with a favorable recommendation. (Planning Board File No. 2198).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
Clerk's Office
T:\AGENDA\201S\April\Demolition Procedures For Historic Strrictures - First Reading
MIAMIBEACH 441
MIAMIBEACH
City of Miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE: April 15, 2015
SUBJECT: Demolition Procedures for Hi
FIRST READING
Properties
AN ORDINANCE OF THE MAYOR AND CITY GOMMTSSION OF THE CIry OF
MIAM! BEAGH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) oF THE clrY coDE, By AMENDTNG cHAprER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X, "HISTORIC
PRESERVATION,'' DIVISION 3, "ISSUANCE OF CERTIFICATE OF
APPROPRIATENESS/ CERTIFICATE TO DIG/GERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION," AT SECTION 118.563, "REVIEW
PROCEDURE;" AND BY AMENDING SECTTON ii8-064, ,,DEC!S!ONS ON
CERTIFICATES OF APPROPRIATENESS;,' BY AMENDING THE
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT, BY
ESTABLISHING GRITERIA TO OBTAIN A DEMOLITION PERMIT PRTOR TO
THE ISSUANCE OF A FULL BUILDING PERMTT FOR STRUCTURES THAT
ARE LOCATED WITHIN LOCAL HISTORIC DISTRICTS, INDIVIDUALLY
DESIGNATED AS AN HISTORIC SITE OR TNDIVIDUALLY DESIGNATED AS
AN HlsroRlc srRUcrURE; PRovtDtNG FoR coDtFtcATroN; REpEALER;
SEVERABILITY; AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6, 2015.
BACKGROUND
On March 11,2014, the Historic Preservation Board (HPB) discussed the issuance of
demolition permits for structures located outside of local historic districts. The Land
Development Regulations (LDRs) of the City Code do not currently provide for any
formal demolition process or procedure when a total demolition permit is requested for
any commercial or multi-family structure which is not locally designated, or within a
locally designated historic district. The HPB requested that the Mayor and City
Commission consider having the Administration develop a format process to be included
in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
442
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic properties
April15,2015 Pase 2 ot 4
On April 23, 2014, at the request of the Historic Preservation Board, the City
Commission referred this request to the Land Use and Development Committee. On
June 12, 2014, the Land Use Committee discussed the proposal, and recommended
that the City Commission refer an Ordinance Amendment to the Planning Board. On
July 23, 2014, the City Commission referred an Ordinance Amendment to the Planning
Board, which incorporated the following:
1. Modifications to Sectionl42-108(f)(2) and Section 118-564(0(6) to eliminate any
conflict with the Florida Building Code, including the benchmarks proposed
herein.
2. Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
3. Creation of a definition for'Phased Building permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this
item:
1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use& Development Committee to revise a proposed amendment to the Land
Development Regulations to establish demolition procedures for all properties in
the City. As part of this referral, Commissioner Grieco requested that a
requirement for the recycling of material generated by demolished homes be
explored.
2. ltem C4N: At the request of Commissioner Wolfson, direction and authorization
was given for the City Manager to withdraw Planning Board File No. 2199
concerning a proposed ordinance to establish demolition procedures outside of
historic districts, and refer the Ordinance back to the Land Use and Development
Committee (LUDC) to discuss the potential impact on property rights.
On October 1, 2014, the Land Use Committee discussed the item and recommended
that the City Commission re-refer Ordinance Amendments to the Planning Board
incorporating the following :
1. Modifications to Sectionl42-108(f)(2) and Section 118-564(0(6) to eliminate any
conflict with the Florida Building Code, including the benchmarks proposed
herein.
Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
Creation of a definition for'Phased Building Permit'.
A requirement for the posting of any single family property where the demolition
2.
3.
4.
443
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic properties
April15,2015 Paoe 3 ol 4
of a home is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
On November 19, 2014, the City Commission referred the Ordinance amendments to
the Planning Board. The current sponsor of the Ordinance is Commissioner Joy
Malakoff.
ANALYS!S
Currently, all structures located within local historic districts or individually designated as
historic sites or historic structures, are required to obtain a Certificate of Appropriateness
for Demolition from the Historic Preservation Board and be issued a full building permit
for the new construction, prior to the issuance of a demolition permit. City Code Sec.
118-564(0(6) states:
A building permit shall not be issued for the demolition of any building, structure,
improvement, landscape feature, public interior or site individuatty designated in
accordance with sections 118-591, 118-592 and 118-593, or located within an
historic district until the new or replacement construction for the property has
been approved and a full building permit for the new construction has been
issued.
Additionally, it should be noted that the Historic Preservation Board has the discretion to
waive this requirement for structures classified as 'Non-Contributing'.
With regard to the above noted City Code requirements for a obtaining a demolition
permit, Planning Staff has been made aware that this regulation is in conflict with
procedures set forth in the Florida Building Code (FBC), which require the demolition of
a structure prior to the issuance of a permit for new construction that would replace the
structure in its entirety. The policy of requiring Historic Preservation Board approval and
the issuance of a full building permit for proposed new construction prior to the issuance
of a total demolition permit is in the best interest of the City as it reduces speculative
demolition. Due to this conflict, however, the proposed Ordinance amendments include
minor modifications to the current demolition procedures set forth in the LDR's.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 1 18-564(0(6)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit, provided that certain minimum benchmarks be
achieved, prior to the issuance of a demolition permit. These benchmarks include:
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction
shall be reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not
limited to, building permit and impact fees, as well as applicable concurrency
and parking impact fees.
444
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic Propeilies
April 15, 2015
These benchmarks represent a substantial investment of resources, which would
significantly reduce property speculation.
ln summary, a defined set of predictable rules and procedures for demolition would allowfor consistency with the applicable building code. lt would also discourage the
demolition of viable structures for speculation and prevent an excess of vacant lots.
Finally, it should be noted that none of the changes suggested herein would limit or
impact the ability of the Building Official to exercise discretion under the Florida Building
Code to issue Emergency Demolition Orders.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
Article f, Section 1.06 of the City Charter states that "whether through amendment,
exemption, repeal, or otherwise, redltces the powers and duties of the City's Historic
Preseruation Board, or creates /ess stringent historic preseruation standards or
regulations, shall, before becoming effective be approved by a majority of the voters in a
Citywide referendum." The City Attorney has determined that a referendum is not
required for the proposed Ordinance amendment, because it brings the Land
Development Regulations into compliance with State Law.
CONCLUS!ON
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6, 2015.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201S\April\Demolition Procedures For Historic Structures - First Reading MEM.docx
445
DEMOLITION PROCEDURES FOR HISTORIC STRUCTURES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDRs) OF
THE CITY CODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PRoGEDURES," ARTICLE X, "HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE
OF GERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFIGATE OF
APPROPRIATENESS FOR DEMOLITION," AT SECTION 118.563, "REVIEW
PROCEDURE;" AND BY AMENDING SECTION 118-564, "DECISIONS ON
CERTIFIGATES OF APPROPRIATENESS;,, BY AMENDING THE PROGEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT, BY ESTABLISHING CRITERIA TO
OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR STRUCTURES THAT ARE LOCATED WITHIN LOCAL HISTORIC
DISTRIGTS, INDIVIDUALLY DESIGNATED AS AN HISTORIG SITE OR INDIVIDUALLY
DESIGNATED AS AN HISTORIC STRUCTURE; PROVIDING FOR CODIFIGATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is authorized to enact laws which promote the
public health, safety and generalwelfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's LDRs requirement to obtain a full building permit for
replacement construction prior to the issuance of a demolition is in conflict with procedures
set forth in the Florida Building Code (FBC), which requires demolition prior to the issuance
of a permit for construction; and
WHEREAS, the Planning Board, at its meeting dated February 24,2015, by a vote of
6-0, recommended in favor of the Ordinance; and
WHEREAS, it is appropriate for the City to adopt criteria in the LDRs by which formal
demolition rules and procedures are codified for all structures located within the City and
can be used by the Planning Department Staff in the review of demolition permits; and
WHEREAS, it is appropriate to update the definitions in the LDRs to include a
definition of a Phased Building Permit; and
WHEREAS, Section 1.06 of the City Charter requires a public vote referendum prior
to enacting reduced power and duties of Historic Preservation Board ('HPB'), or less
stringent historic preservation standards or regulations; and
WHEREAS, the City's Building Official, in interpreting and reviewing the Florida
Building Code ("FBC") has determined that a full construction permit cannot issue while the
structure remains as the FBC requires the City permit to specifically identify current site
conditions which site conditions would not be consistent with a vacant lot; and
WHEREAS, if the building remains, the Building Official cannot sign-off on the plans
that should reflect a vacant lot when the lot is not vacant, and
WHEREAS, demolition could change the lot conditions due to unknown obstacles or
conditions; and
446
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC; and
WHEREAS, due to this conflict, the City Code relating to HPB is not being "lessened"
but rather it is being enhanced to comply with FBC requirements; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1 That Chapter 118, "Administration and Review Procedures," Article X, "Historic
Preservation," Division 3, "lssuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition," of the Land Development Regulations of
the Code of the City of Miami Beach, Florida is hereby amended as follows:
DIVISION 3. ISSUANCE OF CERTIFIGATE OF APPROPRIATENESS/CERTIFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION
Sec. 118-563. Review procedure
All applications for a certificate of appropriateness for the demolition or partial
demolition of any building, structure, improvement, significant landscape
feature, public interior or site individually designated in accordance with
sections 118-591 ,118-592 and 118-593, or located within an historic district
and all applications for a certificate of appropriateness for new building
construction, alteration, rehabilitation, renovation, restoration or any other
physical modification of any building, structure, improvement, significant
landscape feature, public interior or site individually designated in accordance
with sections 118-591 ,118-592 and 118-593, or located within an historic
district shall only be considered by the board following a public hearing. At
least 30 days prior to the public hearing date, a description of the request with
the date, time, and place of such hearing shall be (i) posted on the property,
(ii) advertised in a paper of general paid circulation in the community, and (iii)
be given by mail to the owners of record of land lying within 375 feet of the
property. The mail notification requirement shall be the responsibility of the
applicant. The historic preservation board shall decide, based upon the
criteria set forth in subsection 118-564(0(4), whether or not to issue a
certificate of appropriateness for demolition. A demolition permit shall not be
issued until , all
(c)
2447
of the followinq criteria are satisfied, except as permitted under subsection
1 18-56a(fl(6);
i. the issuance of a buildinq permit process number for new
construction:
ii. the buildino permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department,
iii. all applicable fees for the new construction shall be paid. includino but
not limited to, buildinq permit and impact fees. as well as applicable
concurrencv and parkino impact fees.
iv. all debris associated with the demolition of the structure shall be re-
cvcled, in accordance with the applicable requirements of the Florida
Buildins Code.
Sec. 1 18-564. Decisions on certificates of appropriateness
(f) Certificate of appropriateness for demolition.
A building permit shall not be issued for the demolition of any building,
structure, improvement, landscape feature, public interior or site individually
designated in accordance with sections 118-591 , 118-592 and 118-593, or
located within an historic district until the new or replacement construction for
the property has been approved and
ffi until all of thefollowinq criteria are satisfied:
a. the issuance of a buildinq permit process number for new
construction:
b. the buildinq permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
c. all applicable fees for the new construction shall be paid, includinq but
not limited to. buildino permit and impact fees, as well as applicable
concurrencv and parkinq impact fees:
d. all debris associated with the demolition of the structure shall be re-
cvcled, in accordance with the applicable requirements of the Florida
Buildino Code.
For noncontributing structures located in one of the city's historic districts, this requirement
may be waived or another permit substituted at the sole discretion of the historic
preservation board.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
(6)
3448
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
s-Lr-15
Date
First Reading: April 15, 2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S++*e+nreugh denotes deleted language
[Sponsored by Commissioner Malakoffl
T:\AGENDA\201swril\Oemolition Procedures For Historic Structures - First Reading -ORD.docx
4
city Atto-rn"rt$
449
THIS PAGE INTENTIONALLY LEFT BLANK
450
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance amendment regarding tne procedures for the iss.rance of
demolition permits forarchitecturally significant pre-1942 single family homes in orderto complywiththe requirements of the Florida Building Code, and establish formal demolition procedures for
structures that are not located within a local historic district or as a historic site.
lncrease satisfaction with neighborhood character. lncrease satisfaction witn devetoprnent anO
SupportingData(Surveys,EnvironmentalScan,etc48o/oofresioentiatreM
businesses rate the effort put forth by the Citv to reoulate d is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would amend the requirements to obtain a full building permit prior to
obtaining a demolition permit for architecturally significant pre-1942 single family homes in order to
comply with the requirements of the Florida Building Code. Rather than require a full building permit,
the modification requires that a building permit process number be issued, that the building permit
application be reviewed and approved by the Planning Department, and that all applicable -fees for
new construction be paid. ln addition, the proposed Ordinance creates formal demolition procedures
for structures located outside of historic districts.
On June 12,2014, the Land Use Committee discussed the proposal, and recommended that the City
Commission refer an Ordinance Amendment to the planning Board.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a second Readinq Public Hearinq for Mav 6. 2015.
onFebruary24,2015,thePlanningBoard(voteof5-0),trans
City Commission with a favorable recommendation. (Planning Board File No. 21gg).
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\201S\April\Demolition Procedures outside of Historic Districts - First
AGENDA rrEii R50MIAMIBEACHDArE {/-ts{(451
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
FROM:
DATE:
SUBJECT f Historic Districts
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) oF THE clrY coDE, BY AMENDING cHAprER
114, ,,GENERAL PROVISIONS," SECTION 114-1, ,,DEFINITIONS," By
INGLUDING A DEFlNlrloN FoR A PHASED BUILD|NG pERMrr; By
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE !!, "DISTRICT REGULATIONS," DIVISION 2, "RS.l, RS.2, RS-3,
RS.4 SINGLE-FAMILY RESIDENTIAL DISTRICTS," SECTION 142.108,..PROVISIONS FOR THE DEMOLITION OF SINGLE-FAMILY HOMES
LOCATED OUTSIDE OF HISTORIC DISTRIGTS;,, By AMENDTNG THE
REQUIREMENTS AND PROCEDURES FOR THE ISSUANCE OF A
DEMOLITION PERMIT AND BY MODIFYING THE CRITERIA TO OBTATN A
DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.1942 SINGLE
FAMILY HOMES; BY AMENDING GHAPTER 142, "zoNrNG DrsrRrcrsAND REGULATIONS," ART!CLE !V, "SUPPLEMENTARY DISTRICT
REGULATIONS," BY CREATING DIVISION 8, "DEMOLITION RULES AND
PROGEDURES," TO ESTABLISH FORMAL DEMOLITION RULES AND
PROCEDURES FOR STRUCTURES THAT ARE NOT LOCATED WTTHIN ALOCAL HISTORIC DISTRICT, THAT ARE NOT TNDIVTDUALLY
DESIGNATED AS A HISTORIG SITE, THAT ARE NOT INDIVIDUALLY
DESIGNATED AS A HISTORIC STRUCTURE OR THAT ARE NOT
ARCHITECTURALLY SIGNIFICANT PRE.I942 SINGLE.FAMILY HOMES;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITy; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6,2015.
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
Demolition Procedures Outside
F!RST READING
452
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April 15, 2015 Page 2 of 5
BACKGROUND
On March 11,2014, the Historic Preservation Board (HPB) discussed the issuance of
demolition permits for structures located outside of local historic districts. The Land
Development Regulations (LDRs) of the City Code do not currently provide for any
formal demolition process or procedure when a total demolition permit is requested for
any commercial or multi-family structure which is not locally designated, or within a
locally designated historic district. The HPB requested that the Mayor and City
Commission consider having the Administration develop a formal process to be included
in the LDRs, which outline a procedure for the review of demolition permits for potentially
architecturally significant structures which are not locally designated.
On April 23, 2014, at the request of the Historic Preservation Board, the City
Commission referred this request to the Land Use and Development Committee. On
June 12, 2014, the Land Use Committee discussed the proposal, and recommended
that the City Commission refer an Ordinance Amendment to the Planning Board. On
July 23, 2014, the City Commission referred an Ordinance Amendment to the Planning
Board, which incorporated the following:
1. Modifications to Sectionl42-108(f)(2) and Section 118-564(f)(6) to eliminate any
conflict with the Florida Building Code, including the benchmarks proposed
herein.
2. Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
3. Creation of a definition for'Phased Building Permit'.
4. Establishment of procedures for the removal of specimen trees.
On September 10, 2014, the City Commission took the following actions regarding this
item:
1. ltem C4L: At the request of Commissioner Weithhorn, a referral to the Land Use
& Development Committee to revise a proposed amendment to the Land
Development Regulations to establish demolition procedures for all properties in
the City. As part of this referral, Commissioner Grieco requested that a
requirement for the recycling of material generated by demolished homes be
explored.
2. ltem C4N: At the request of Commissioner Wolfson, direction and authorization
was given for the City Manager to withdraw Planning Board File No. 2199
concerning a proposed ordinance to establish demolition procedures outside of
historic districts, and refer the Ordinance back to the Land Use and Development
Committee (LUDC) to discuss the potential impact on property rights.
On October 1,2014, the Land Use Committee discussed the item and recommended
that the City Commission re-refer Ordinance Amendments to the Planning Board
incorporating the following:
1. Modifications to Sectionl42-108(0(2) and Section 118-564(fX6) to eliminate any
453
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April15,2015 Pase 3 ol 5
conflict with the Florida Building Code, including the benchmarks proposed
herein.
2. Modifications to the LDR's that include formal demolition rules and procedures
for all structures which are not historically designated and not located within a
single family zoning district.
3. Creation of a definition for'Phased Building Permit'.
4. A requirement for the posting of any single family property where the demolition
of a home is proposed.
5. A requirement for the recycling of material generated by demolished homes.
6. Further study and evaluation of procedures for the removal of specimen trees.
On November 19, 2014, the City Commission referred the Ordinance amendments to
the Planning Board.
ANALYS!S
Currently, the Land Development Regulations (LDRs) in the City Code do not provide a
process for the approval of a demolition permit, with the exception of structures that
satisfy one of the following:
. The structure is located within the boundaries of a Local Historic District;r The structure is an individually designated Historic Site or Historic Structure;. The structure has been determined to be an Architecturally Significant Single
Family Home constructed prior to 1942.
On April 10, 2002, the City Commission adopted an Ordinance establishing demolition
procedures for single family homes which were constructed prior to 1942 and
determined to be architecturally significant, which would require Design Review Board
approval for the new construction. Further, City Code Section 118-108(0(2) requires
that a full building permit for new construction be issued prior to the issuance of a total
demolition permit.
With regard to the above noted City Code requirements for a obtaining a demolition
permit, Planning Staff has been made aware that this regulation is in conflict with
procedures set forth in the Florida Building Code (FBC), which require the demolition of
a structure prior to the issuance of a permit for new construction that would replace the
structure in its entirety. The policy of requiring Design Review Board approval and the
issuance of a full building permit for proposed new construction prior to the issuance of a
total demolition permit is in the best interest of the City as it reduces speculative
demolition. Due to this conflict, however, the proposed Ordinance amendments include
minor modifications to the current demolition procedures set forth in the LDR's.
The proposed Ordinance amendment includes modifications to the existing applicable
code section (Sec. 142-108(f)(2)), to allow a total demolition permit to be issued prior to
the issuance of a full building permit, provided that certain minimum benchmarks be
achieved, prior to the issuance of a demolition permit. These benchmarks include:
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Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
Apnl 15,2015 Paqe 4 of 5
1. The issuance of a building permit process number for new construction; and
2. The building permit application and all required plans for the new construction
shall be reviewed and approved by the Planning Department; and
3. All applicable fees for the new construction shall be paid, including but not
limited to, building permit and impact fees, as well as applicable concurrency
and parking impact fees.
These benchmarks represent a substantial investment of resources, which would
significantly reduce property speculation. Also, language has been added regarding the
recycling of debris created by the demolition of a structure.
Second, the Ordinance amendment includes the introduction of formal demolition rules
and procedures, similar to those set forth in the single family home development
regulations, within the Land Development Regulations for buildings located within
multi0family and commercial districts, which are not individually designated historic or
located within a local historic district. These rules and procedures utilize the same
benchmarks noted above.
As it pertains to single family homes, a previous recommendation of the Land Use
Committee was to require the posting of any single family property where the demolition
of a home is proposed. This would apply, primarily to properties with existing homes
constructed after the year 1942. Currently, any home built before 1942 already has a
posting requirement as part of either DRB review, or as part of any formal determination
for Architectural Sig nificance.
Separate from the proposed Ordinance amendments, but as part of a revised Tree
Ordinance recently adopted by the City Commission, the initial procedures for the
removal of large, specimen trees are designed to be as follows:
1. When a new application for tree removal/relocation is sought as part of new
construction or a demolition project, an official tree survey will be required to be
submitted by the property owner/applicant to the Public Works Department
showing any proposed impacts to tree resources onsite.
2. The survey would then be reviewed by Public Works Staff (Urban Forester and or
designee) for accuracy and scope to determine if the proposed activities can
proceed or need revisions.
ln addition to this new procedure, as part of the single family demolition permitting
process, specific conditions can be inserted stating that a Greenspace Management
Division plan review shall be required and a tree work permit shall be obtained from the
City prior to any existing tree or palm removals, relocations or impacts onsite.
ln summary, a defined set of predictable rules and procedures for demolition would allow
for consistency with the applicable building code. lt would also discourage the
demolition of viable structures for speculation and prevent an excess of vacant lots.
Finally, it should be noted that none of the changes suggested herein would limit or
impact the ability of the Building Official to exercise discretion under the Florida Building
455
Commission Memorandum
Ordinance Amendment - Demolition Procedures Outside of Historic Districts
April15,2015 Page 5 of 5
Code to issue Emergency Demolition Orders.
PLANNING BOARD REVIEW
On February 24, 2015, the Planning Board (by a 5-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6,2015.
,r@^*/rirAB/RAM
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456
DEMOLITION PROCEDURES OUTSIDE OF HISTORIC DISTRICTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR,s) OF
THE CIry CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION
114.1, "DEFINITIONS,'' BY INCLUDING A DEFINITION FOR A PHASED BUILDING
PERMIT; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRIGT REGULATIONS," DIVISION 2, "RS.l, RS.2, RS.3, RS.4 SINGLE.
FAMILY RESIDENTIAL DISTRICTS," SECTION 142.108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF HISTORIC
DISTRICTS;,, BY AMENDING THE REQUIREMENTS AND PROCEDURES FOR THE
ISSUANCE OF A DEMOLITION PERMIT AND BY MODIFYING THE CRITERIA TO
OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR ARCHITECTURALLY SIGNIFICANT PRE.I942 SINGLE FAMILY HOMES;
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE
IV, "SUPPLEMENTARY DISTRICT REGULATIONS," BY GREATING DIVISION 8,,,DEMOLITION RULES AND PROCEDURES," TO ESTABLISH FORMAL DEMOLITION
RULES AND PROCEDURES FOR STRUCTURES THAT ARE NOT LOCATED WITHIN A
LOCAL HISTORIC DISTRICT, THAT ARE NOT INDIVIDUALLY DESIGNATED AS A
HISTORIC SITE, THAT ARE NOT INDIVIDUALLY DESIGNATED AS A HISTORIC
STRUCTURE OR THAT ARE NOT ARCHITECTURALLY SIGNIFICANT PRE.1942
SINGLE-FAMILY HOMES; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote
the public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, the City's LDRs do not currently provide for any formal demolition rules
or procedures when a total demolition permit is requested for any structure that is not
located within the boundaries of a Local Historic District, not individually designated as an
Historic Site or Historic Structure or has not been determined to be an Architecturally
Significant Pre-1942 Single Family Home, and is located within a Single Family Zoning
District; and
WHEREAS, it is appropriate for the City to adopt criteria in the LDRs by which formal
demolition rules and procedures are codified for all structures located within the City and
can be used by the Planning Department Staff in the review of demolition permits; and
WHEREAS, it is appropriate to update the definitions in the LDRs to include a
definition of a Phased Building Permit; and
WHEREAS, the Planning Board, at its meeting dated February 24,2015, by a vote of
6-0, recommended in favor of the Ordinance; and
WHEREAS, Section 1.06 of the City Charter requires a public vote referendum prior
to enacting reduced power and duties of Historic Preservation Board ('HPB'), or less
stringent historic preservation standards or regulations; and
457
WHEREAS, the City's Building Official, in interpreting and reviewing the Florida
Building Code ('FBC") has determined that a full construction permit cannot issue while the
structure remains as the FBC requires the City permit to specifically identify current site
conditions which site conditions would not be consistent with a vacant lot; and
WHEREAS, if the building remains, the Building Official cannot sign-off on the plans
that should reflect a vacant lot when the lot is not vacant, and
WHEREAS, demolition could change the lot conditions due to unknown obstacles or
conditions; and
WHEREAS, due to this conflict between State law and City Code, the City Code is
recommended to be modified to require compliance with all building permit payments,
impact fees, etc., but not require a final issued building permit as doing so would conflict
with the FBC; and
WHEREAS, due to this conflict, the City Code relating to HPB is not being "lessened"
but rather it is being enhanced to comply with FBC requirements; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. The Miami Beach City Code, Chapter 1 14, "General Provisions," Section 114-
1, "Definitions," is hereby amended as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context cleady indicates a
different meaning:
Phased buildrno permll means a permit issued bv the deeisna+ed buildinq official, his/hcr
desionee or the authorized aqe allows for the
construction of foundations or anv other part of a buildinq or structure to be erected,
constructed, demolished, altered. moved. converted. extended. enlarqed, or used. for anv
purpose, in conformitv with applicable codes and ordinances before the construction
documents for the whole buildinq or structure have been submitted. The holder of such a
permit for the foundation or other parts of a buildinq or structure shall proceed at the pemnjt
holder's own risk* with the buildino operation and without assurance from the Buileling
Otficiattnat a perm
SECTION 2. That Chapler 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
2458
DIVISION 2. RS.1, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL DISTRICTS
Sec. 142-108. - Provisions for the demolition of single-family homes located outside
of historic districts.
(0 lssuance of demolition permits for architecturally significant homes and homes
constructed after 1942.
(1) Emergency demolition orders. This section shall not supersede the
requirements of the applicable building code with regard to unsafe structures
and the issuance of emergency demolition orders, as determined by the
building official.
(2) A demolition permit for the total demolition of an architecturally significant
single-family home constructed prior to 1942, shall not be issued unless aJull
all of the followinq
criteria are satisfied:
a. the issuance of a buildinq permit process number for new
construction:
b. the buildinq permit application and all required plans for the new
construction shall be reviewed and approved bv the Planninq
Department:
c. all applicable fees for the new construction shall be paid. includinq but
not limited to, buildino permit and impact fees. as well as applicable
concurrencv and parkinq impact fees:
d. all debris associated with the demolition of the structure shall be re-
cvcled. in accordance with the applicable requirements of the Florida
Buildino Code.
(3) A demolition permit for the total demolition of a sinole-familv home constructed
after 1942 shall onlv issue after notice of demolition is posted at the subiect
propertv for at least 10 consecutive davs.
SECTION 3. The Miami Beach City Code, Chapter 142, "Zoning Districts and
Regulations", Article lV, "Supplementary District Regulations", Division 8, "Demolition Rules
and Procedures" is hereby created as follows:
DIVISION 8. DEMOLITION RULES AND PROCEDURES
Sec. 142-1221. Purpose.
The purpose of this section is to establish formal demolition rules and procedures for
structures citv wide.
459
Sec. 142-1 222. Applicabilitv.
This division shall applv to all structures located in a CD-1. CD-2. CD-3. TC-1. TC-2, TC-3.
RM-1, RM-2 and RM-3 districts. which are not located within a local historic district and are
not individuallv desiqnated as an historic site.
Sec. 142-1223. Rules and Procedures
Notwithstandinq the development reoulations contained in chapters 118 and 142. the
followino shall applv to all applicable structures, with the exception of accessorv buildinqs
and accessory structures, located within the Citv:
(a) Prior to the issuance of a permit for the total demolition of a structure specified in
section 142-1222. the followinq criteria shall be satisfied:
(1) A replacement proiect for the propertv shall be reviewed and approved bv the
Desiqn Review Board.
(2) A buildinq permit process number for the replacement proiect shall be issued.
(2) The buildins permit application and required plans for the replacement proiect
shall be reviewed and approved bv the Plannino Department:
(3) All applicable fees for the replacement proiect shall be paid. includinq but not
limited to. buildinq permit and impact fees. as well as applicable concurrencv
and parkino impact fees:
(4) all debris associated with the demolition of the structure shall be re-cvcled. in
accordance with the applicable requirements of the Florida Buildinq Code.
(b) Emeroencv demolition orders. This section shall not supersede the requirements of
the applicable buildinq code with reoard to unsafe structures and the issuance of
emeroencv demolition orders, as determined bv the building official.
SECTION 4. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTTON 5. CODIF!CATION
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.
SECTION6. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
4460
SECTION 7. EFFEGTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
2015.
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
3-L5'1,
Date
First Reading: April 15, 2015
Second Reading. May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
Strike$rcugh denotes deleted lang uage
Double-unclerlinc denotes additions after First Reading
@ denotes deletions after First Reading
[Sponsored by Commissioner Malakoffl
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COMMISSION ITEM SUMMARY
Condensed Title:
FirstReadingtoconsideranordinancethatestablishesseparate,reauc@
commercial buildings that do not contain any hotel or residential units within the MXE (Mixed Use
Entertainment) District
lncrease satisfaction with neighborhood character. lncrease satistaction wrtn Oevetopment aM
Supporting Data (Surveys, Environmentat Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to
Item Summary/Recommendation :
FIRST READING
The subject Ordinance would allow for more appropriate, context sensitive retail development, byreducing the front and side facing the street setback requirements for a purely retail development ot
2-stories or less, to five (5) feet.
The Land Use and Development Committee discussed the proposed Ordinance on September 3,
2014, and recommended approval of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22, 2014. At Second Reading on
November 19,2014, the item did not move forward due to the lack of a second to a motion to applove.
On March 11,2015, at the request of Commissioners Michael Grieco and Joy Malakoff, tnb City
Commission agreed to have the matter placed on the April 15, 2015 Commission agenda, for a new
First Reading.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and schedule a second Reading public Hearinq for Mav 6.201s.
Board Recommendation:
Financial lnformation :
onSeptember23,2014,thePlanningBoard(voteof5-1),tri
City Commission with a favorable recommendation. (Planning Board File No. 2211).
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
NDA\201S\April\MXE Setbacks - First Reading SUM.docx
MIAMIBEACH AGENOA ITEiT RSP
463
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2015
SUBJECT: MXE Setback Regulations
the City
FIRST READ!NG
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRs) OF THE ctTY CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ..DISTRICT REGULATIONS"" DIVISION 13, "MXE
MIXED USE ENTERTAINMENT DISTRICT," AT SECTION {42.547, "SETBACK REQUIREMENTS," By AMENDING THE
SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR
RESIDENTIAL UNITS; PROVIDING FOR COD|FICAT|ON;
REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for May 6,2015.
BACKGROUND
On July 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred an amendment to the Land Development Regulations in the MXE Zoning
District, as they apply to non-hotel uses, to the Land Use and Development Committee
and the Planning Board (item C4N). The Land Use and Development Committee
discussed the proposed Ordinance on September 3,2014, and recommended approval
of the Ordinance as proposed.
The Ordinance was approved at First Reading on October 22,2014. At Second Reading
on November 19, 2014, the item did not move forward due to the lack of a second to a
motion to approve.
On March 11, 2015, at the request of Commissioners Michael Grieco and Joy Malakoff,
the City Commission agreed to have the matter placed on the April 15, 2015
464
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
April 15, 201 5 page 2 of 2
Commission agenda, for a new First Reading. The Commission also requested that the
Historic Preservation Board review the Ordinance prior to April 15, 2015, in order to
provide input.
ANALYSIS
The setback regulations in the MXE zoning district were created based upon the historic
pattern of typical hotel development along Collins Avenue. Elevated front porches along
the front elevations, with open courtyards along the street side elevations, characterize
such historic fabric. The MXE district provides requirements as to the depth and length
of such porches as well as the length and square footage of the required courtyard
spaces.
While these regulations have been successful and can readily be accommodated when
applied to larger residential, hotel, or mixed-use developments, they have not been as
effective when applied to smaller, single tenant retail projects. For stand-alone retail
buildings, such requirements create an awkward building typology. For instance, if a
project does not provide the required porch and open space, the required front setback
is 20 feet, which for a retail project, is antitheticalto good urban design.
The proposed Ordinance amendment would allow for more appropriate, context
sensitive retail development, by reducing the front and side facing the street setback
requirements for a purely retail development of 2-stories or less, to five (5) feet. Such a
setback would allow for an expanded sidewalk up to the building line, and the
incorporation of street trees along the street fronts.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISGAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On April 14, 2015, the Historic Preservation Board is scheduled to discuss the proposed
Ordinance and provide feedback. The Administration will provide a verbal summary of
the Historic Preservation Board recommendations at the April 15,2015 City Commission
meeting.
CONCLUSION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the attached Ordinance at First Reading and schedule a Second Reading
Public Hearing for May 6, 2015.
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465
MXE Setbacks
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OFMIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY CODE, GHAPTER i42, ,,ZON!NG
DISTRICTS AND REGULATIONS," ARTTCLE II,..DISTRICT
REGULATIONS"" DIVISION 13, "MXE MIXED USE ENTERTAINMENT
DISTRICT," AT SECTION 142.547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL BUILDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNTTS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTTVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - Collins Avenue MXE district and the Ocean Terrace MXE district; and
WHEREAS, the MXE district is composed of a mixture of uses, including hotels,
residential, and commercial development; and
WHEREAS, the current setback regulations, including porch and courtyard requirements
are most applicable to hotel, residential, and mixed-use development; and
WHEREAS, the City recognizes that for purely lower scale retail development, different
setback regulations are warranted in order to ensure an active urban design character; and
WHEREAS the Planning Board, at its meeting dated September 23,2014 by a vote of 5-
1 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the
above objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
gEC'[OlLL Chapter 142, "Zoning Districts And Regulations," Article lt, "District Regulations",
Division 13,'MXE Mixed Use Entertainment District," section 142-547, "Setback requirements,"
is hereby amended as follows:
Sec. 1 42-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
Oceanfront: Pedestal and tower, 50 feet; however, sculptures, fountains or architectural
features when approved by the design review board are permitted in the required front
yard.
Non-oceanfront:
1. Pedestal, ten feet.
b.
466
2. Lots 100 feet in width or greater, 20 feet; for buildings with a ten-foot-deep covered
front porch running substantially the full width of the building front, the front setback
shall be five feet. Furthermore, for lots 100 feet in width or greater_[ha! contqi1-fqle|ql
apartment units, the front setback shall be extended to include at least one courtyard,
open to the sky, with a minimum width of ten feet and a minimum area of three square
feet for every linear foot of lot frontage.
3. Tower, 50 feet.
4. Notwithstandinq the foreqoinq, for a buildinq containino exclusivelv retail uses, not
exceedinq two (2) stories in heiqht, with a lot line on Collins Avenue. the minimum
pedestal setback shall be five (5) feet.
(2) Side, interior.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width.
b. Nonoceanfront:
1. Architectural district, five feet.
2. All other areas:
i. Pedestal, five feet.
ii. Tower, 7.5 feet.
(3) Side, facing a street.
a. Oceanfront: Pedestal and tower, 15 percent of the lot width, plus five feet.
b. Nonoceanfront: Ten percent of the lot width plus five feet, not to exceed 25 feet. However,
lots less than 100 feet in width shall have a minimum setback of five (!) feet.
1. Nonoceanfront structures may comply with these requirements or have the option of
the following:
i. Pedestal, five (!) feet.
ii. Tower, 7.5 feet.
2. Provided that nonoceanfront lots 100 feet or greater in width shall incorporate the
following, which may be waived at the discretion of the historic preservation board,
consistent with the certificate of appropriateness criteria, contained in chapter 118,
article X, for a buildinq containinq exclusively retail uses, not exceedino two (2) stories
in heiqht. with a lot line on Collins Avenue:
i. A ten-foot-deep porch running substantially the full side length of the building,
with a minimum floorto-ceiling height of 12 feet; and
ii. One courtyard, open to the sky, with a minimum of 1,000 square feet and a
minimum average depth of 20 feet. The long edge of the courtyard shall be along
the side property line. The area of the courtyard shall be increased by an
additional 50 square feet for every one foot of building height above 30 feet as
measured from grade.
(4) Rear.
a. Oceanfront: 25 percent of the lot depth or 75 feet minimum from the bulkhead line,
whichever is greater.
b. Nonoceanfront:
1. Architectural district, zero (Q) feet if abutting an alley, otherwise ten feet.
2. All other areas, ten feet.
(b) Existing structures which are being substantially renovated are permitted to retain the existing
setback areas; however, the setback area shall not be reduced. When additional floors are
467
constructed, they shall be permitted to retain the same setbacks as the existing floors. The
provisions of section 118-398 relating to bulk shall not be applicable to the foregoing setback
requirements.
(c) For the setback criteria above that aoplies exclusivelv to retail uses, a restrictive covenant in a form
acceDtable to the city attorney. committinq the propertv to such use, shall be recorded prior to the
issuance of any buildino permit for such retail use.
**
SECT!ON 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 201s
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
[Sponsored by Commissioner Grieco]
F:\T_Drive\AGENDA\201S\April\MXE Setbacks - First Reading ORD [3-16-1S].docx
AND FOR EXECUTION
468
R7
RESOLUTIONS
469
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Adopting the Fourth
Amendment to the Capital Budqet for Fiscal Year 2014115.
Ensure Value and Timely Delivery of Quality Capital Projects, lmprove Storm Drainage Citywide, and
Data (Surveys, Environmental Scan, etc.): N/A
Item Summarv/Recommendation :
Planning for capital improvements is an ongoing process; as needs change within the City, capital programs and
priorities must be adjusted. The Capital lmprovement Plan ("ClP") serves as the primary planning tool for
systematically identifying, prioritizing and assigning 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 20'14115 - 2018119 Capital
lmprovement Plan and FY 2014115 Capital Budget was adopted on December 2,2014 by resolution 2014-28863.
The First Amendment to the FY 2014115 Capital Budget was also approved on December 2,2014 by resolution
2014-28864. The Second Amendment to the FY 2014115 Capital Budget was also approved on January 14,
2015 by resolution 2015-28901. The Third Amendment to the FY 2014115 Capital Budget was approved on
March 1 1 , 2015 by resolution 2015-28951 .
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 fourth
amendment to the FY 2014115 Capital Budget.
The fourth amendment to the FY 2014115 Capital Budget adds appropriation of $7,500,000 to appropriate funding
for a loan from the Clean Water State Revolving Fund program to implement a Storm Water System Planning
Project and a re-appropriation of $35,000 for Data Center lmprovements as mandated by the Florida Department
of Law Enforcement (FDLE).
Source of
Funds:
Amount Account
$7,500,000 Clean Water State Revolving Loan Fund
Total $ 7,s00,000
AsElrrBA nun n1Atr;;?7s-if{S MIAMI BTACH 470
E MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
MIAMI BEACH, FLORIDA, ADOPTING THE FOURTH AMENDMENT TO THE
CAPITAL BUDGET FOR FISCAL YEAR 2014115.
ADMINTSTRATION RECOMMEN DATION
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
resolution 2014-28864. The Second Amendment to the FY 2014115 Capital Budget was
approved on January 14, 2015 by resolulion 2015-28901. The Third Amendment to the FY
2014115 Capital Budget was approved on March 11, 2015 by resolution 2015-28951.
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 fourth amendment to the FY 2014115 Capital Budget.
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
471
Resolution Adopting the Fourth Amendment to the Capital Budget for FY 2014115
April 15,2015
Page 2 of 2
FOURTH AMENDMENT TO THE FY 2014/15 CAPITAL BUDGET
The fourth amendment to the FY 2014115 Capital Budget totals an increase of $7,500,000 and a
re-appropriation of $35,000 in order to provide additionalfunding to the following capital project.
1. Storm Water System Planning Project: This budget amendment appropriates a
$7.5 million loan from the Clean Water State Revolving Fund program administrated
through the Department of Environmental Protection. This program provides low-
interest loans for planning, designing, and constructing water pollution control
facilities. The City of Miami Beach has received a planning loan to provide funding
for the preparation of a comprehensive facilities plan and related documents. These
funds can also be used as local matching requirements for most EPA grant funded
treatment works projects. The loan will be repaid from the Storm Water Fund over a
twenty-year period at an annual interest rate of 1.620/o. Funding for this amendment
would come from fund balance in the Clean Water State Revolving Loan Fund.
Prior Years' Approoriations $0
Aoril 15.2015 Budoet Amendment 7,500,000
Proposed Total Appropriations $7.500.000
Data Center lmprovements: This budget amendment would fund a new capital
project to address compliance issues associated with a Florida Department of Law
Enforcement (FDLE) Technical Audit completed in January 2015. This project would
secure the cage areas in the Verizon Terremark Data Center, where the City hosts
all of its network, server, and data infrastructure, to meet FDLE requirements.
Funding for this amendment would be realigned from the lT Tech Contingency
Project - lT Tech Fund 552.
Prior Years' Aoorooriations $0
Aoril 15.2015 Budoet Amendment 35.000
Prooosed Total Aoorooriations $35.000
2.
JLM/JW
@
472
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAM! BEACH, FLORIDA, ADOPTING THE FOURTH
AMENDMENT TO THE CAPITAL BUDGET FOR FISCAL YEAR
2014115.
WHEREAS, the final Capital lmprovement Plan for FY 2014115 - 2018/19 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 14,2015via Resolution No.2015-28901;and
WHEREAS, the third amendment to the Miami Beach Capital Budget for FY 2014115
was adopted on March 11,2015 via Resolution No. 2015-28951; 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 $7,500,000 and re-appropriate $35,000 between existing
projects as highlighted in "Attachment C - Projects" and further detailed in the attached
Commission Memorandum.
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 Fourth Amendment to the Capital Budget for Fiscal Year 2014/15 as
. shown in Attachment A'(Source of'Funds), Attachment B (Programs) and Attachment C
(Projects).
PASSED AND ADOPTED this 156 day of April, 2015.
ATTEST:
PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
RAPHAEL E. GRANADO, CITY CLERK
,@u4plrfro CltY AtlorPY
473
ATTACHMENT A
FY 2014115 CAPITAL BUDGET
SOURCE OF FUNDS
Amended 04115115
Rrnding Source Amended 3111115
Amended
4115115 ReMsed
2003 GO Bonds - Neighborhood lmprovement $ 160,000 $ 160,000
2003 GO Bonds - Fire Safety 625,000 625,000
201 0 Parking Bonds Reso. 201 0-27491 2,301,000 2,301,000
7th SteetGarage 1,350,695 1,350,695
Capital Projects Financed byOther Funds 2,265,000 2,265,000
Capital Resene 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 Trans it Surtax - County 2,333,000 2,333,000
lnfo & Com munications Technology Fund 280,000 280,000
Local Option Gas Tax 336,000 336,000
MB Qualityof Life ResortTaxFund - 1%5,235,900 5,235,900
Miami-Dade CountyBond 54,400,000 54,400,000
NB Qualityof Life ResortTaxFund - 1%2,984,000 2,984,000
Non TIF RDA (11,712,000 (11,712,000",
Parking Operations Fund 4,841,000 4,841,000
PapAs-You-Go 2,863,000 2,863,000
Penn Garage 402,000 402,000
Proposed Future RDA Bonds 310,050,000 310,050,000
Propos.ed Future ResortTaxl Bonds 204,500,000 204,500,000
Proposed Future Water & Sewer Bonds 14,476,000 14,476,000
Proposed Parking Bonds 59,500,000 59,500,000
Proposed Sormwater Bonds 51,876,000 51,876,000
RDAGarage Fund 2,941,000 2,941,000
Renewal & Replacement Fund 3.035.120 3,035,120
SB Quality of Life Resort Tax Fund - 1 %1,970,000 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
Clean Water State Rerclving Loan Fund 7,500,000 7,500,000
Total Appropriation as of 04/15/15 $ 748,773,000 $ 7,500,000 $ 756,273,000
474
ATTACHMENT B
FY 2014115 CAPITAL BUDGET
PROGRAMS
Amended 04115115
Program Area
Amendeo
3111115
Amenoeo
4t1st1s Revised
Bridges $283,000 $283,000
Com m unity Centers 42,000 42,000
Convention Center 522,013,000 522,013,000
Environmental 224,000 224,000
Equipment 9,405,000 9.405,000
General Public Buildings 5,588,000 5,588,000
Golf Courses 124,000 124.000
lnformation Technology 1,780,000 1,780,000
Monuments 233,000 233,000
Parking 833,000 833,000
Parking Garages 61,374,214 61,374,2'.t4
Parking Lots 468,000 468,000
Parks 8,159,900 8,159,900
Renewal & Replacement 6,677,601 6,677,601
Seawalls 254,000 254,000
Streets/Sidewalk lmps 98,453,393 98,453,393
Tra ns iU Tra n s portation 8,771,000 8,771,000
Utililies 24,089,892 7,500,000 31,589,892
fotal Appropriation as of 04/15/15 $ 748,773,000 $ 7,50o,ooo $ 756,273,000
475
ATTACHMENT C
CAPITAL BUDGET
PROJECTS
Amended 04115115
Capital Project Name Amended
3111115
Amended
4t15t1s
Revised Capital
Budget
Storm Water Svstem Plannine Prosram $$ 7,500,000 $ 7,500,000
lnfo & Comm Tech Continsencv $ 479,722 $ (35,ooo $ 444,722
Data Center I mprovements 35,000 35,000
Total $ 479,722 $ 7,500,000 $ 7,979,722
476
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477
COMMISSION ITEM SUMMARYCondensed Title:
A Resolution Of The MlVorAn!
[equest By centurian collins lroperty owner, Llc., As Thebwner of The nroperty ib'.'"t"0 At 2360 coilins Avenue(The Hotel), To Construct A Decorative, Triangular-shaped Concrete "Canopy" With Two Support Columns Andconcrete "Eyebrows" To Extend 19.71 Feet At The North And 2.79 Feet At The bbuth tnto The pubtic Right-of-way ofLiberty Avenue, Along 101 .7 Feet of The Hotel, And A Minimum of Eleven Feet one lnch (1 ,1 , 1,,) Above Ground Levet;
ii nr",{g ioi;#J;iorHdHotelWith A TotalArea Of 855 Square Feet.
Centurian Collins Property Ownei
^131"].):.?11,.:j::.:::tlg_1
revocabl3 permit for tire construction and maintenance of a triangutar-shaped concretecanopy with two support columns and eyebrows over the drop-off area at the west side of the -hotel, ordr "
portion otthe street-end of Liberty Avenue, and an irrigation meter located at ground level north of the canopy.
- - '-
The Owner's 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 rooi for a propervehicular drop-off for patrons and guests of the hotel.
The owner is proposing a drop,-off at the Liberty Avenue street-end on the west side of the Hotel. Further the owner,sHotel canopy projects at the 2no floor level, whiCh is at or above eleven feet one incl-L (i 1; 1"1 from tne ground level, in atriangular shape. ln addition, there are two (2) eyebrows at the second and third tevets lrorignly paraliel to the propertyline) at or above eleven feet one inch (11' 1") above ground level, that extend from the south edge of the triangularcanopy, to close to the south property line. Also, there is an irigation meter located at ground level north of the canopy.The total square footage of all proposed encroachments is ads square feet.
On September 10,2013, the Historic Preservation Board issued, under File Number #1B4O,an orderwhich approvedthe Owner's Plans to construct the Hotel with the proposed encroachments. The Owner applied to tne iity tor arevocable permit to be allowed to maintain the aforestated encroachments upon the right-olway
Pursuant to Section 82-93 of the City Code, following submittal of an application for a Revocable permit to the public
Works Department, the City Administration shall review the request and prepare a recommendation, and the CityCommission, at the public hearing shall consider the request forthe proposed Revocable permit.
Pursuant to Section 82-93(a) of the City Code, the City Commission passed and adopted Resolution No. 2015-2g938 atits March 11,2015 Commission meeting authorizing the setting of a public hearing on April 15, 2O1S to consider therequest for the Revocable Permit and, additionally, in accordance with Section 82-93(b) oitne Crty Code, mailed notice
of the public hearing has been provided to owners of land lying within 375 feet of the existing permit aiea.
THE ADMINISTRATION RECOMMENDS ADOPTTNG THE RESOLUTION.
Financial lnformation :
Source of
Funds:
OBPI
Financial
Eric ter, Public Works X6012
tc woRKS\l700
# MIAMIBTACH AGEN,A rrEM R1 B
ooiu-lEI-l478
g MIAMIBEACH
City of Miqmi Beoch, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE:
SUBJECT:
f the City
April 15,2015
A RESOLUTION OF THE MAYOR AIiID CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING A REVOGABLE PERMIT REQUEST BY
CENTURIAN COLLINS PROPERTY OWNER, LLC, AS THE OWNER OF THE
PROPERTY LOCATED AT 2360 COLLINS AVENUE (THE HOTEL), TO CONSTRUCT
A DECORATIVE, TRIANGULAR.SHAPED CONCRETE "CANOPY'' WITH TWO
SUPPORT COLUMNS AND CONCRETE "EYEBROWS" TO EXTEND 19.71 FEETAT
THE NORTH AND 2.79 FEET AT THE SOUTH INTO THE PUBLIC RIGHT.OF.WAY
OF LIBERTY AVENUE, ALONG 101.7 FEET OF THE HOTEL, AND A MINIMUM OF
ELEVEN FEET oNE lNcH 111' 1"1ABovE GROUND LEVEL; AND AN IRRtcATtoN
METER LOCATED AT GROUND LEVEL NORTH OF THE CANOPY; ALL
ENCROACHMENTS ALONG 107.22 FEET OF THE HOTEL WITH A TOTAL AREA
OF 855 SQUARE FEET.
Centurian Collins Property Owner, LLC (the Owner) is the owner of the Aloft Hotel, located at 2360
Collins Avenue (The "Hotel"), 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 Liberty Avenue, and
an irrigation meter located at ground level north of the canopy.
The Owner's 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.
The Owner is proposing a drop-off at the Liberty Avenue street-end on the west side of the Hotel.
Further the Owner's Hotel canopy projects at the 2nd floor level, which is at or above eleven feet one
inch (1 1' 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
(1 1 ' 1') above ground level, that extend from the south edge of the triangular canopy, to close to the
south property line. Also, there is an irrigation meter located at ground level north of the canopy. The
total square footage of all proposed encroachments is 855 square feet.
479
Commission Memorandum - 6480 Allison Road Easement Vacation
April 15, 2015
Page 2 of 2
On September 10, 2013, the Historic Preservation Board issued, under File Number #1840, an
order which approved the Owner's Plans to construct the Hotel with the proposed
encroachments. The Owner applied to the City for a revocable permit to be allowed to maintain
the aforestated encroachments upon the right-of-way.
Pursuant to Section 82-93 of the City Code, following submittal of an application for a Revocable
Permit to the Public Works Department, the City Administration shall review the request and prepare
a recommendation, and the City Commission, at the public hearing shall consider the request for the
proposed Revocable Permit.
Pursuant to Section 82-93(a) of the City Code, the City Commission passed and adopted Resolution
No.2015-28938 at its March 11,2015 Commission meeting authorizing the setting of a public
hearing on April 15,2015 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 City's Public Works Department has reviewed the Owner's request for a revocable permit,
based upon the criteria for granting/denying revocable permits set forth in Section 82-94 of the City
Code, and recommends that the City Commission approve the permit request.
CONCLUSION
The Administration recommends approving the Resolution.
Attachment: Sketch and Legal
MT\ETC\BAM\BTB
T:\AGENDA\201S\April\PUBLIC WORKS\6480 Allison lsaland Easement Memo.doc
480
Attachment -
EXHIBIT ''A''
LEGAL DESCRIPTION:
A portion of Block 5, AMENDED MAP OF THE OCEAN FRONT PROPERTY OF THE MIAMI BEACH IMPROVEMENT COMPANY,
occording to the Plot thereof, os r€corded 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 185.00 feet thence N 00'00'00" E olong the Eost right of woy line of Liberty Avenue for 186.46 feet to the
Point of Beginning; thence continue N 00'00'00" E olong soid Eost right of woy line of Liberty Avenue for 107.22
feet; thence N 9O'OO'OO" W for 14.96 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 53 South, Ronge 42 Eost, City of Miomi Beoch, Miomi-Dode County,
Florido.
- Beorings hereon ore referred to on ossumed volue of N 00'00'00" E for the Eost right of woy line of
Liberty Avenue.
- Londs shown hereon were not obstrocted for eosements ond/or rights-of-woy of records.
- Londs shown hereon contoining 855 squore feet, or 0.0196 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.
SU RVEYOR'S CERTIFICATION :
I hereby certify thot this "sketch of Description" wos mode under my _responsible chorge^on..Morch_2&.2015, ond
meets ihe opflicoble codes os set forth in the Florido Administrotive'Code, pursuont to Section 472.027, Florido
Stotutes.
"Not valid without the signature and the original raised
LEGAL DESCRIPTION, NOTES & CERTIFICATION
FoRtrt.t, Learry, S KtI-Es, rNC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
FLORIDA CERTIFICATE OF AIJTTIoRIZATION NITMEIER: OO0O3653
180 Northeast 168th. Street / \Iorth IVIiami Beach, Florida. 33162
Phone: 305-6534493 / F* 3o5-651-'7152 / Bmail fls@flssuwey.com
iel C. Fortin, For
Drava By MAp
Cad. llo. rcOO27
Ret. Dws. oSloJE.Dl rc- 2005-105
REMSED: 3/20/15
i50434
Plottod: 3/20/15 9:2Oo
Date 3/19/15
lcale p91 TO SCALE
Iob.llo. 15OO27
)vg.No.1o15-oo2-J
Sheet 1 ol 3
481
ALOFT PARCEL
FORTIN, LEAVY, SKILES, INC.
DRAWTNG #2005-105
,MENDED MAP OF THE OCEAN FFIONT PF|OPERTY
OF THE MIAMI BEACH IMPROVEMENT COMPANY
PLAT BOOK 5 PAGE 7
NING N
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RAPHIC SCALE
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Dvg.No.1015-002-3
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SKETCH OF DESCRIPTIONDrawa By MAp
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2005-1 05
REVISED: 3/20/15
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Plotted: 3/20/15 9:2Oo
FoRtnv, Lea.wy, S KTLES, rNC.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
ELORIDA CERTIFICATE OF AI-ITIIORIZATION NUIVIBER: 000O3653
18O Northeast 168tJa. Sfeet / I\lorth \zIimi Bedr, Florida. 33162
Phone: 305-6534493 / Fu 305-651-7152 / EmaTl fls@flssuruey.com
482
EXHIBIT ''A''
LOCATION SKETCH
FoRrrx, LeavY, S KTLES, n\trc.
CONSULTING ENGINEERS, SURVEYORS & MAPPERS
ELOILIDA CERTIFICATE ()F AIJTTIORIZATION NUMBER: 0O()03653
1 80 Northeast 168ttr. SrEet ,/ lrlorth l\uIimi Berch, Florida. 33162
Plrone: 305-653-4493 / Fu 305-651-7152 / Enail fls@flssuruey.com
Drawa By MAp
Cad. llo, 1SOO27
Ret. Dvs. oSloJE.DsG- 2005-105
REVISED: 3/20/15
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Plotted: 3/20/15 9:2Oo
Date 3/19/15
Scale pg1 TO SCALE
Iob. No. 15OO27
Dvg.No.1015-oo2-3
Sheet 3 ot 3
483
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, APPROVING A
REVOCABLE PERMIT FOR CENTURIAN COLLINS PROPERW
OWNER, LLC, AS THE OWNER OF THE ALOFT HOTEL,
LOCATED AT 2360 GOLLTNS AVENUE (THE HOTEL), TO
CONSTRUCT AND MAINTAIN A DECORATIVE, TRIANGULAR.
SHAPED CONCRETE "CANOPY," WITH TWO SUPPORT
GoLUMNS AND CONCRETE "EYEBROWS," EXTENDING
{9.71 FEET AT THE NORTH AND 2.79 FEET AT THE SOUTH,
INTO THE PUBLIC RIGHT.OF.WAY OF LIBERW AVENUE,
ALONG 101.7 FEET OF THE HOTEL, WITH A MINIMUM OF
ELEVEN FEET ONE INCH (1l', 1"1ABOVE GROUND LEVEL;
AND AN IRRIGATION METER, LOCATED AT GROUND LEVEL
NORTH OF THE CANOPY; ALL ENCROACHMENTS ALONG
107.22 FEET OF THE HOTEL, WITH A TOTAL AREA OF 855
SQUARE FEET.
WHEREAS, Centurian Collins Property Owner, LLC (the Owner) is the owner of the Aloft
Hotel, located at 2360 Collins Avenue (hereinafter "Hotel"); 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 Owner is proposing a drop-off at the Liberty Avenue street-end, on the
west side of the Hotel; and
WHEREAS, the Owner has applied for 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 Liberty
Avenue, and an irrigation meter located at ground level north of the canopy; and
WHEREAS, the proposed canopy projects at the 2nd floor level, which is at or above
eleven feet one inch (1 1' 1") from the ground level, in a triangular shape; and
WHEREAS, in 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, there is an irrigation meter located at ground level north of the canopy; and
WHEREAS, the total square footage of the aforestated proposed encroachments is 855
square feet (collectively, the canopy, the support columns, concrete eyebrows, and the irrigation
meter also referred to as the "Encroachments"); and
484
WHEREAS, on September 10, 2013, the Historic Preservation Board issued, under File
Number #1840, an order which approved the Owner's plans to construct the Hotel, including the
proposed Encroachments, subject to Owner obtaining a revocable permit from the City to
construct and maintain such Encroachments; and
WHEREAS, pursuant to Section 82-93 of the City Code, following submittal of an
application for a revocable permit to the Public Works Department, the City Administration shall
review the request and prepare a recommendation, and the City Commission, at a duly noticed
public hearing, shall consider the request for the proposed revocable permit; and
WHEREAS, on March 11,2015, the City Commission adopted Resolution No. 2015-
28938, setting a public hearing, pursuant to City Code Section 8293(a), to consider Owner's
request; and
WHEREAS, as required by Section 82-93 (b) of the City Code, notice of the public
hearing was sent to owners of land within 375 feet of the proposed permit area; and
WHEREAS, such duly noticed public hearing was held at the City Commission meeting
on April 15,2015; and
WHEREAS, the City's Public Works Department has reviewed the Owner's request for a
revocable permit, based upon the criteria for granting/denying revocable permits set forth in
Section 82-94 of the City Code, and recommends that the City Commission approve the permit
request.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA, that following a duly noticed public hearing on
April 15, 2015, the Mayor and City Commission approve a revocable permit request by
Centurian Collins Property Owner, LLC, as the owner of the Aloft Hotel, located at 2360 Collins
Avenue (the Hotel), to construct a decorative, triangular-shaped concrete "canopy" with two
support columns and concrete "eyebrows," to extend 19.71feet 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 Hotel, and a
minimum of eleven feet one inch (11' 1") above ground level, and an irrigation meter located at
groundlevel northof thecanopy; all encroachmentsalong 107.22feetof theHotel,withatotal
area of 855 square feet.
PASSED and ADOPTED this day of April,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
F:\ATTO\BOUE\RESOS\ALoft revocable permit reso 4-15 second reading public hearing final (2).docx
485
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487
COMMISSION ITEM SUMMARY
Should the City Commission approve the resolution?
Item Summary/Recommendation: SEGOND READING PUBLIG HEARING
The Administration, in concert with the City's Financial Advisor, has determined that the City now has the
need and the capacity to issue additional Stormwater Revenue Bonds for new capital projects. At the
Special Finance and Citywide Projects Committee (FCWPC) meeting of May 20,2014 the Administration
presented the funding strategy forthe Stormwater program recommending issuing three separate $100
million Stormwater bonds. The first issue would be in FY 2014115 and the other issues would follow as
funding was needed. The Stormwater Enterprise fund must issue tax-exempt debt in the amount of $100
million, plus issuance costs, this fiscal year to cover the costs of Stormwater improvement projects
committed from the line of credit. The need for future bond issues may be reduced by the establishment
of Stormwater impact fees, the removal of certain restrictions on capital funds currently held by the City
and any grant funds for which the City may be eligible. The security for the repayment of these amounts
will be the net revenues generated from the Stormwater System.
AGENDA IIEM R7C
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE
ISSUANCE OF NOT TO EXCEED $1OO,OOO,OOO IN AGGREGATE PRINCTPAL AMOUNT OF CITY OF MIAMI BEACH,
FLORIDA STORMWATER REVENUE BONDS, SERIES 2015, FOR THE PRINCIPAL PURPOSE OF PAYING A PART OF THE
COST OF CERTAIN IMPROVEMENTS TO THE STORMWATER UTILITY, PURSUANT TO SECTION 209 OF RESOLUTION
NO. 2000-24127 ADOPTED BY THE CITY ON OCTOBER 18, 2000; PROVIDING THAT SAID SERIES 2015 BONDS AND
INTEREST THEREON SHALL BE PAYABLE SOLELY AS PROVIDED IN SAID RESOLUTION NO. 2000.24127 AND THIS
RESOLUTION; PROVIDING CERTAIN DETAILS OF THE SERIES 2015 BONDS; DELEGATING OTHER DETAILS AND
MATTERS IN CONNECTION WITH THE ]SSUANCE OF THE SERIES 2015 BONDS, INCLUDING WHETHER THE SERIES
2015 BONDS SHALL NOT BE SECURED BY THE RESERVE ACCOUNT AND WHETHER TO SECURE A CREDIT FACILITY
AND/OR A RESERVE ACCOUNT INSURANCE POLICY, TO THE CITY MANAGER, WITHIN THE LIMITATIONS AND
RESTRICTIONS STATED HEREIN; PERMITTING CONDITIONAL OPTIONAL REDEMPTION OF THE SERIES 2015 BONDS;
APPOINTING UNDERWRITERS, A BOND REGISTRAR AND A DISCLOSURE DISSEMINATION AGENT; AUTHORIZING THE
NEGOTIATED SALE OF THE SERIES 2015 BONDS AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
OF A BOND PURCHASE AGREEMENT; AUTHORIZING AND DIRECTING THE BOND REGISTRAR TO AUTHENTICATE AND
DELIVER THE SERIES 2015 BONDS; APPROVING THE FORM OF AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE EXECUTION OF THE OFFICIAL STATEMENT;
PROVTDING FOR THE APPLICATION OF THE PROCEEDS OF THE SERIES 2015 BONDS AND CREATING CERTAIN
FUNDS, ACCOUNTS AND SUBACCOUNTS; AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM wlTH RESPECT TO
THE SERIES 2015 BONDS; COVENANTING TO PROVIOE CONTINUING DISCLOSURE IN CONNECTION WITH THE SERIES
2015 BONDS AND APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING
DISCLOSURE AGREEMENT; AUTHORIZING OFFICERS AND EMPLOYEES OF THE CITY TO TAKE ALL NECESSARY
RELATED ACTIONS: AND PROVIDING FOR AN EFFECTIVE DATE.
Ensure well-maintained infrastructure.
Supporting Data (Surveys, Environmental Scan, etc.): According to the 2009 Community
Satisfaction Survey, only 43o/o of residents rated the City's storm drainage (to avoid flooding) as
Finance and e Proiects Committee March 2.2015
Financial lnformation :
Source of Funds:
OBPI
Amount Account Approved
To be appropriated from the
Stormwater Revenues
Total
Patricia Walker. Chief Financial Officer
5 Summary Memo 4-15-1s.docx
E MIAMIBEACH orre t/-l *ls488
g MIAMI BEACH
City of Miomi Beoch, lZOO Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members o
FROM: Jimmy L. Morales, City Manager
DATE: April 15, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AIID CITY COMMISSION OF THE
CITY OF MIAMI BEAGH, FLORIDA'AUTHORTZING THE ISSUANCE
OF NOT TO EXCEED $1OO,OOO,OOO !N AGGREGATE PRINCIPAL
AMOUNT OF CITY OF MIAMI BEACH, FLORIDA STORMWATER
REVENUE BONDS, SERIES 2015, FOR THE PRINCIPAL PURPOSE
OF PAYING A PART OF THE COST OF CERTAIN IMPROVEMENTS
TO THE STORMWATER UTILITY, PURSUANT TO SECTION 209 OF
RESOLUTION NO. 2000.24127 ADOPTED BY THE CITY ON
OCTOBER 18,2000; PROVIDING THAT SAID SERIES 2015 BONDS
AND INTEREST THEREON SHALL BE PAYABLE SOLELY AS
PROVIDED IN SAID RESOLUTION NO. 2000.24127 AND THIS
RESOLUTION; PROVIDING CERTAIN DETAILS OF THE SERIES
2015 BONDS; DELEGATING OTHER DETAILS AND MATTERS lN
CONNECTION WITH THE ISSUANCE OF THE SERIES 2015 BONDS,
INCLUDING WHETHER THE SERIES 2015 BONDS SHALL NOT BE
SECURED BY THE RESERVE ACCOUNT AND WHETHER TO
SECURE A CREDIT FACILITY AND/OR A RESERVE ACCOUNT
INSURANCE POLICY, TO THE GITY MANAGER, WITHIN THE
LIMITATIONS AND RESTRICTIONS STATED HEREIN; PERMITTING
CONDITIONAL OPTIONAL REDEMPTION OF THE SERIES 2015
BONDS; APPOINTING UNDERWRITERS, A BOND REGISTRAR
AND A DISCLOSURE DISSEMINATION AGENT; AUTHORIZING THE
NEGOTIATED SALE OF THE SERIES 2015 BONDS AND
APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION
OF A BOND PURCHASE AGREEMENT; AUTHORIZING AND
DIRECTING THE BOND REGISTRAR TO AUTHENTICATE AND
DELIVER THE SERIES 2015 BONDS; APPROVING THE FORM OF
AND DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT
AND AN OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF THE OFFICIAL STATEMENT; PROVIDING FOR
THE APPLICATION OF THE PROCEEDS OF THE SERIES 2015
BONDS AND CREATING CERTAIN FUNDS, ACCOUNTS AND
SUBACCOUNTS; AUTHORIZING A BOOK-ENTRY REGISTRATION
SYSTEM WITH RESPECT TO THE SERIES 2015 BONDS;
COVENANTING TO PROVIDE CONTINUING DISCLOSURE IN
CONNECTION WITH THE SERIES 2015 BONDS AND APPROVING
THE FORM OF AND AUTHORIZING THE EXECUTION AND
DELIVERY OF A CONTINUING DISCLOSURE AGREEMENT;
AUTHORIZING OFFICERS AND EMPLOYEES OF THE CITY TO
TAKE ALL NECESSARY RELATED ACTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
SEGOND READING
PUBLIC HEARING
489
Commission Memorandum - April 15,2015
Stormwater Revenue Bonds
Page 2 of 5
ADMINISTRATION RECOMME NDATION
Approve the resolution on second reading public hearing. The first public hearing was
held at the March 18,2015 Commission Meeting. At the first public hearing, the City
Commission changed the delegation of authority to negotiate the issuance of the bonds
from the Mayor to the City Manager. These changes are incorporated in the attached
resolution scheduled for the second public hearing.
BACKGROUND
ln November 2007, the Mayor and City Commission approved Ordinance 2007-3582
which amended the procedures that the City followed in connection with the approval of
a bond issue and added the following Section to Chapter 2 of the Miami Beach City
Code, entitled "Administration"; Article V entitled "Finance"; Sec. 2-278, entitled
"Procedures goveming the issuance of bonds.
Sec. 2-278. Procedures governing the issuance of bonds.
(a) Prior to the adoption by the city commission of the final resolution approving the
issuance of any bonds by the city, the following requiremenfs sha// be complied
with:
(1) ln order for the city commission and the public to be fully informed on all
matters relating to the proposed r'ssuance of bonds, the city manager shall
prepare, or cause to be prepared, a fiscal analysis of the economic impact of
the proposed bond rssuance using the following criteria:a) The estimated cost of the project or projects on account of which such
bonds are to be issued;
b) The estimated annual revenues, if any, to be generated by such project or
projects; and
c) The estimated annual cosf of maintaining, repairing and operating such
project or projects.
(2) Upon completion of the fiscal analysrs rn subsection (a)(1), the proposed
issuance of bonds shall be first considered and reviewed by the city's finance
and citywide projects committee.
(3) The city commission shall hold two public hearings, each advertised nof /ess
than 15 days prior to the hearing, in order to obtain citizen input into the
proposed bond issuance.
ln November 2000, the City issued its first series of Stormwater Bonds in the amount of
$52.17 million. ln December 2011, the City issued an additional $52.13 million in
Stormwater Bonds along with $26.6 million to refund the outstanding Stormwater Series
2000 Bonds. The Administration, in concert with the City's Financial Advisor, has
determined that the City now has the need and the capacity to issue additional
Stormwater Revenue Bonds for new capital projects.
At the Special Finance and Citywide Projects Committee (FCWPC) meeting of May 20,
2014 the Administration presented the funding strategy for the Stormwater program
recommending issuing three separate $100 million Stormwater bonds. The first issue
would be in FY 2014115 and the other issues would follow as funding was needed.
ln an effort to defer issuing debt and to expedite the spend down of existing Stormwater
490
Commission Memorandum - April 15,2015
Stormwater Revenue Bonds
Page 3 of 5
bond proceeds and to comply with State law requirements that funds be available at the
time a contract is awarded, the City renewed a Line of Credit (LOC) for $60 million to
award scheduled Stormwater projects in anticipation of the new bond issue. On May 21,
2014, the City Commission authorized the execution of the LOC agreement between the
City and Wells Fargo Bank, National Association, and to date we have committed
approximately $SO million from this line for Stormwater projects.
ANALYSIS
ln accordance with the provisions of Section 2-278 Procedures governing the issuance
of bonds, the Administration prepared the required fiscal analysis which included the
following breakdown of the proposed Stormwater Revenue Bond issue.
ln response to Sec. 2-278 (a) 1(a): The Stormwater program will design and implement
the upgrade of the City's storm drainage system to meet the new design criteria set by
the City Commission with a potential estimated cost of $300 million and with a target
completion timeframe of approximately 5 years. The estimate includes the Stormwater
portion of future neighborhood projects, the retrofit of some previously constructed
neighborhood Stormwater systems, and miscellaneous Stormwater upgrades that have
been identified by the Public Works Department. The upgrades include the installation
of approximately 60 new pump stations and the conversion of 21 injection pumps. The
estimated portion of the projects, for which the bonds are to be issued, is $100 million.
ln response to Sec. 2-278 (a) 1(b): the estimated revenues to be generated by the
projects. These projects will either replace or enhance portions of the existing storm
water system; the operation of such system is funded entirely by user fees. No
additional fees are anticipated to be eamed as a result of these projects and no
additional increase in the user fee is required at this time.
ln response to Sec. 2-278 (a) 1(c): the estimated annual cost of maintaining, repairing
and operating such projects. Operating and maintenance costs for these enhancements
were included in the cost model that resulted in the stormwater rate increase from $9.06
per ERU to $16.67 per ERU that became effective October 1,2014. However, additional
operating or maintenance costs may require future increases to user fees.
The Stormwater Enterprise fund must issue tax-exempt debt in the amount of $100
million, plus issuance costs, this fiscal year to cover the costs of Stormwater
improvement projects committed from the line of credit. The need for future bond issues
may be reduced by the establishment of Stormwater impact fees, the removal of certain
restrictions on capital funds currently held by the City and any grant funds for which the
City may be eligible. Additionally, the City has applied for $7.5 million of additional
stormwater funding from the State Revolving Fund and anticipates applying for
additional amounts as funding becomes available.
At the February 11, 2015 meeting of the Mayor and City Commission, a resolution
approving the undenuriters for the proposed Stormwater Revenue Bonds Series 2015
was approved. MFR Securities, lnc. ("MFR") was approved as a co-manager; however,
we were subsequently advised that MFR no longer offers public finance services. As a
result we are recommending the substitution of JP Morgan as a replacement co-
manager on this team. This will bring JP Morgan to three transactions during the term of
this selection consistent with Bank of America Merrill Lynch, Citigroup, Morgan Stanley,
491
Commission Memorandum - April 15,2015
Stormwater Revenue Bonds
Page 4 of 5
and Raymond James Morgan Keegan.
At the March 2, 2015, meeting of the Finance and Citywide Projects Committee, the
Committee voted to recommend approval of the issuance of the Stormwater bonds to
finance the construction of certain improvements to the Stormwater program in
accordance with Sec. 2-278(a)2.
The Commission may approve by resolution other improvements as part of the Series
2015 Project in addition to and/or in lieu of one or more of the above improvements.
The security for the repayment of these amounts will be the net revenues generated
from the Stormwater System.
Because of the character of the Series 2015 Stormwater Bonds, the prevailing market
conditions, the complexity of structuring a new system-wide financing program for the
Stormwater System and the recommendations of the Financial Advisor, it was further
determined that the sale of the Series 2015 Stormwater Bonds on the basis of a
negotiated sale rather than a public sale by competitive bid is in the best interest of the
City.
The Resolution for the issuance of the Series 2015 Stormwater Bonds delegates to the
City Manager, relying upon the recommendation of the Chief Financial Officer and RBC
Capital Markets (the City's Financial Advisor), the determination of various terms of the
Series 2015 Bonds, including whether to secure one or more Credit Facilities and/or
Reserve Account lnsurance Policies with respect to the Series 2015 Bonds, the final
award of the Series 2015 Bonds, the dates of redemption of the Prior Bonds to be
redeemed prior to maturity, the payment of all related costs and expenses in connection
with the issuance of the Bonds and all other actions necessary or desirable in
connection with the issuance of the Series 2015 Bonds.
The execution of the Series 2015 Mayor's Certificate shall be conclusive evidence of the
City's approval of the details of the Series 2015 Bonds. The Mavor is authorized, after
consultation with the City Attorney, to enter into, execute and deliver such agreements
as may be necessary to secure such Credit Facility and/or Reserve Account lnsurance
Policy, the execution and delivery by the Mayor of any such agreements for and on
behalf of the City to be conclusive evidence of the City's approval of securing such
Credit Facility and/or Reserve Account lnsurance Policy and of such agreements.
The Chief Financial Officer is further authorized to establish procedures in order to
ensure compliance by the Citywith the Series 2015 Continuing Disclosure Agreement,
including the timely provision of information and notices. Prior to making any filing in
accordance with such agreement, the Chief Financial Officer may consult with, as
appropriate, the City Attomey or Bond Counsel. The Chief Financial Officer, acting in
the name and on behalf of the City, shall be entitled to rely upon any legal advice
provided by the City Attorney or Bond Counsel in determining whether a filing should be
made.
ln order to describe and specify the terms of the City's continuing disclosure agreement,
the Chief Financial Officer is hereby authorized and directed to enter into and deliver, in
the name and on behalf of the City, a Disclosure Dissemination Agent Agreement (the
"Series 2015 Continuing Disclosure Agreement"), with Digital Assurance Certification,
L.L.C. ("DAC"), which is hereby appointed as disclosure dissemination agent with
492
Commission Memorandum - April 15,2015
Stormwater Revenue Bonds
Page 5 of 5
respect to the Series 2015 Bonds, in substantially the form presented at the meeting at
which this Series Resolution was considered, subject to such changes, modifications,
insertions and omissions and such filling-in of blanks therein as may be determined and
approved by the Chief Financial Officer, after consultation with the City Attorney. The
execution of the Series 2015 Continuing Disclosure Agreement, for and on behalf of the
City by the Chief Financial Officer, shall be deemed conclusive evidence of the City's
approval of the Series 2015 Continuing Disclosure Agreement.
U.S. Bank National Association is hereby appointed as Bond Registrar for the Series
2015 Bonds.
The officers, agents and employees of the City, the Bond Registrar and DAC are hereby
authorized and directed to do all acts and things and execute and deliver all documents,
agreements and certificates required of them by the provisions of the Series 2015
Bonds, the Bond Resolution, the Series 2015 Bond Purchase Agreement, the Series
2015 Continuing Disclosure Agreement and this Series Resolution, for the full, punctual
and complete performance of all the terms, covenants, provisions and agreements of the
Series 2015 Bonds, the Bond Resolution, the Series 2015 Bond Purchase Agreement,
the Series 2015 Continuing Disclosure Agreement and this Series Resolution.
Additionally, the proposed Resolution provides the structure for the issuance of other
Bonds and other forms of indebtedness of the City payable from the Net Revenues of
the Stormwater System for the purpose of paying all or any part of the cost of any other
improvements to the Stormwater System or to refund or refinance all or a portion of the
Bonds or any other series or other indebtedness of the City incurred with respect to the
Stormwater System then outstanding. All such additional actions would require approval
of the Mayor and City Commission.
Conclusion
The Administration recommends that the Mayor and City Commission of the City of
Miami Beach, Florida, approve the resolution on second reading public hearing. The
first reading public hearing was held at the March 18,2015 Commission meeting.
JLM/PDW/GE/JAR
Attachments:
Bond Purchase Agreement
Disclosure Dissemination Agreement
The Preliminary Official Statement (POS)
T:\AGENDA\201 S\April\Stormwater Bonds Series 2015 - Comm Memo 4-1 5-1 5 Second Reading.Docx
493
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE ISSUANCE OF NOT
TO EXCEED $IOO,OOO,OOO IN AGGREGATE PRINCIPAL AMOUNT OF
CITY OF MIAMI BEACH, FLORIDA STORMWATER REVENUE BONDS,
SERIES 2015, FOR THE PRINCIPAL PURPOSE OF PAYING A PART OF
THE COST OF CERTAIN IMPROVEMENTS TO THE STORMWATER
UTILITY, PURSUANT TO SECTION 209 OF RESOLUTION NO. 2OOO-24127
ADOPTED BY THE CITY ON OCTOBER 18, 2000; PROVIDING THAT SAID
SERIES 2OI5 BONDS AND INTEREST THEREON SHALL BE PAYABLE
SOLELY AS PROVIDED IN SAID RESOLUTION NO. 2OOO-24127 AND THIS
RESOLUTION; PROVIDING CERTAIN DETAILS OF THE SERIES 2OI5
BONDS; DELEGATING OTHER DETAILS AND MATTERS IN
CONNECTION WITH THE ISSUANCE OF THE SERIES 2OI5 BONDS,
INCLUDING WHETHER THE SERIES 2OI5 BONDS SHALL NOT BE
SECURED BY THE RESERVE ACCOUNT AND WHETHER TO SECURE A
CREDIT FACILITY AND/OR A RESERVE ACCOUNT INSURANCE
POLICY, TO THE CITY MANAGER, WITHIN THE LIMITATIONS AND
RESTRICTIONS STATED HEREN; PERMITTING CONDITIONAL
OPTIONAL REDEMPTION OF THE SERIES 2015 BONDS; APPOINTING
UNDERWRITERS, A BOND REGISTRAR AND A DISCLOSURE
DISSEMINATION AGENT; AUTHORIZING THE NEGOTIATED SALE OF
THE SERIES 2OI5 BONDS AND APPROVING THE FORM OF AND
AUTHORIZING THE EXECUTION OF A BOND PURCHASE AGREEMENT;
AUTHORIZING AND DIRECTING THE BOND REGISTRAR TO
AUTHENTICATE AND DELIVER THE SERIES 2OI5 BONDS; APPROVING
THE FORM OF AND DISTRIBUTION OF A PRELIMINARY OFFICIAL
STATEMENT AND AN OFFICIAL STATEMENT AND AUTHORIZING THE
EXECUTION OF THE OFFICIAL STATEMENT; PROVIDING FOR THE
APPLICATION OF THE PROCEEDS OF THE SEzuES 2015 BONDS AND
CREATING CERTAIN FUNDS, ACCOUNTS AND SUBACCOUNTS;
AUTHORIZING A BOOK-ENTRY REGISTRATION SYSTEM WITH
RESPECT TO THE SERIES 2015 BONDS; COVENANTING TO PROVIDE
CONTINUING DISCLOSURE TN CONNECTION WITH THE SERIES 2OI5
BONDS AND APPROVING THE FORM OF AND AUTHORIZING THE
EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE
AGREEMENT; AUTHORIZING OFFICERS AND EMPLOYEES OF THE
CITY TO TAKE ALL NECESSARY RELATED ACTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") currently owns, maintains and
operates a Stormwater Utility (as such term and all other capitalized terms used in this resolution
and not defined herein are defined in the hereinafter described Original Resolution); and
4304534/4/MtAMl 494
WHEREAS, the City has heretofore issued its (i) S16,185,000 original principal amount
of City of Miami Beach, Florida Stormwater Revenue Refunding Bonds, Taxable Series 20091-
2, currently Outstanding in the principal amount of $10,375,000, pursuant to Resolution No.
2000-24127 adopted by the Commission on October 18, 2000 (the "Original Resolution" and as
amended and supplemented from time to time, the "Bond Resolution"), a116 Resolution No.
2009-27242 adopted by the Commission on October 14, 2009, and (ii) $52,130,000 original
principal amount of City of Miami Beach, Florida Stormwater Revenue Bonds, Series 20llA, all
of which are currently Outstanding, and 526,575,000 original principal amount of City of Miami
Beach, Florida Stormwater Revenue Refunding Bonds, Series 20llB, currently outstanding in
the principal amount of $26,240,000, pursuant to the Original Resolution and Resolution No.
20lI-27782 adopted by the Commission on October 19, 2011; and
WHEREAS, the City has determined that certain capital improvements to the Stormwater
Utility as more particularly described in Exhibit A attached hereto and made a part hereof
(collectively, the "Series 2015 Project") are necessary and desirable for the furtherance of the
health, safety and welfare of the users of the Stormwater Utility and the residents of the City; and
WHEREAS, Section 209 of the Original Resolution provides for the issuance of
Additional Bonds under the Bond Resolution for the principal purpose of paying all or any part
of the Cost of any lmprovements, upon meeting certain conditions contained in said Section 209;
and
WHEREAS, the Series 2015 Project constitutes Improvements under the Bond
Resolution; and
WHEREAS, the City has determined that it is desirable to issue Additional Bonds (the
"Series 2015 Bonds") pursuant to the provisions of Section 209 of the Original Resolution and
this resolution, which constitutes a Series Resolution for the Series 2015 Bonds under the Bond
Resolution, for the purpose of paying, together with any other available moneys of the City, a
part of the Cost of the Series 2015 Project and funding as necessary the Reserve Account; and
WHEREAS, the Commission has determined that it is in the best interest of the City to
delegate to the City Manager, who shall rely upon the recommendations of the Chief Financial
Officer of the City (the "Chief Financial Offlrcer"), who is the offrcer succeeding to the principal
functions of the Finance Director, and RBC Capital Markets, LLC, the City's financial advisor
(the "Financial Advisor"), the determination of various terms of the Series 2015 Bonds, whether
the Series 2015 Bonds shall not be secured by the Reserve Account, whether to secure a Credit
Facility and/or Reserve Account Insurance Policy with respect to the Series 2015 Bonds, the
final award of the Series 2015 Bonds, and certain other actions in connection with the issuance
of the Series 2015 Bonds, all as provided and subject to the limitations contained herein; and
WHEREAS, the City has determined that due to the character of the Series 2015 Bonds,
current favorable market conditions, the uncertainty inherent in a competitive bidding process
and the recommendations of the Financial Advisor, it is in the best interest of the City to
authorize the negotiated sale of the Series 2015 Bonds; and
4304534/4iMtAMr 495
WHEREAS, in connection with the issuance of the Series 2015 Bonds, the requirements
of Ordinance No. 2007-3582, adopted by the Commission on November 21, 2007, including the
holding of two public hearings, have been complied with prior to the adoption of this Series
Resolution;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The above recitals are incorporated herein as findings.
SECTION 2. A Series of Additional Bonds of the City in an aggregate principal amount
not to exceed $100,000,000 is authorized to be issued pursuant to, and subject to the conditions
of, Section 209 of the Original Resolution and the authority granted to the City by the Act, for
the purpose of paying, together with any other available moneys, a part of the Cost of the Series
2015 Project and funding as necessary the Reserve Account. The Series 2015 Bonds shall be
designated "City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2015," shall be
issued as Current Interest Bonds, shall be issued in fully registered form as provided in Section
202 of the Original Resolution, shall be in the denominations of $5,000 or any whole multiple
thereof and shall be numbered R-l upwards.
The Series 2015 Bonds shall be issued in such aggregate principal amount, shall be dated
and issued at such time or times, shall be in the form of Serial Bonds and/or Term Bonds, shall
have such Interest Payment Dates, shall bear interest at such fixed rates, but not to exceed the
maximum rate permitted by law, shall be stated to mature on such dates, but not later than
September 30,2045, as to any Term Bonds, shall have Amortization Requirements payable in
such amounts and on such dates, and shall be subject to redemption prior to maturity, all as shall
be determined by the City Manager, after consultation with the Chief Financial Officer and the
Financial Advisor, and specified in a certificate of the Mayor executed on or prior to the date of
initial issuance of the Series 2015 Bonds (the "Series 2015 Mayor's Certificate"). Term Bonds,
if any, will be subject to mandatory redemption at par, without premium, each year in amounts
equal to the respective Amortization Requirements therefor. Principal of and interest and
redemption premium, if any, on the Series 2015 Bonds shall be payable in accordance with the
provisions of the Bond Resolution. The execution of the Series 2015 Mayor's Certificate shall
be conclusive evidence of the City's approval of the details of the Series 2015 Bonds.
If the City Manager determines, in reliance upon the recommendations of the Chief
Financial Officer and the Financial Advisor, that there is an economic benefit to the City to
secure and pay for a Credit Facility and/or a Reserve Account Insurance Policy with respect to
all or a portion of the Series 2015 Bonds, the City Manager is authorized to secure a Credit
Facility and/or a Reserve Account Insurance Policy with respect to all or a portion of the Series
2015 Bonds. The City Manager is authorized to provide for the payment of any premiums for
such Credit Facility and/or Reserve Account Insurance Policy from the proceeds of the Series
2015 Bonds. The Mayor is authorized, after consultation with the City Attorney, to enter into,
execute and deliver such agreements as may be necessary to secure such Credit Facility and/or
Reserve Account [nsurance Policy, the execution and delivery by the Mayor of any such
agreements for and on behalf of the City to be conclusive evidence of the City's approval of
securing such Credit Facility and/or Reserve Account Insurance Policy and of such agreements.
43045s4/4/MtAMt 496
Any agreements with any providers of Credit Facility andlor Reserve Account Insurance Policy
shall supplement and be in addition to the provisions of the Bond Resolution.
SECTION 3. In accordance with the provisions of the Bond Resolution, the Series 2015
Bonds shall be limited obligations of the City payable solely from the Net Revenues and, to the
extent provided in the Bond Resolution, from certain Funds and Accounts which are pledged to
the payment thereof in the manner provided in the Bond Resolution, and nothing shall be
construed as obligating the City to pay the principal, interest and premium, if any, thereon except
from the Net Revenues and, to the extent provided in the Bond Resolution, said Funds and
Accounts or as pledging the full faith and credit of the City or any form of taxation whatever to
such payments; provided, however, that notwithstanding anything to the contrary contained in
the Bond Resolution, to the extent so determined by the City Manager, in reliance upon the
recommendations of the Chief Financial Officer and the Financial Advisor, the Series 2015
Bonds shall not be secured by, nor payable from moneys, Reserve Account Insurance Policies or
Reserve Account Letters of Credit on deposit in, the Reserve Account created under the Bond
Resolution and in which case the Reserve Account Requirement with respect to the Series 2015
Bonds shall be $0.00.
SECTION 4. In the case of an optional redemption of the Series 2015 Bonds, the
redemption notice may state that (a) it is conditioned upon the deposit of moneys with the Bond
Registrar or with a bank, trust company or other appropriate fiduciary institution acting as
escrow agent (the "escrow agent"), in amounts necessary to effect the redemption, no later than
the redemption date, or (b) the City retains the right to rescind such notice on or prior to the
scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and
optional redemption shall be of no effect if such moneys are not so deposited or if the notice is
rescinded as described in this Section. Any such notice of Conditional Redemption shall be
captioned "Conditional Notice of Redemption." Any Conditional Redemption may be rescinded
at arry time prior to the redemption date if the City delivers a written direction to the Bond
Registrar directing the Bond Registrar to rescind the redemption notice. The Bond Registrar
shall give prompt notice of such rescission to the affected Bondholders. Any Series 2015 Bonds
subject to Conditional Redemption where redemption has been rescinded shall remain
Outstanding, and neither the rescission nor the failure by the City to make such moneys available
shall constitute an Event of Default under the Bond Resolution.
SECTION 5. It is hereby found and determined that due to the character of the Series
2015 Bonds, current favorable market conditions, the uncertainty inherent in a competitive
bidding process and the recommendations of the Financial Advisor, the negotiated sale of the
Series 2015 Bonds is in the best interest of the City. The negotiated sale of the Series 2015
Bonds to Wells Fargo Bank, National Association (the "Senior Managing Underwriter") on
behalf of itself and Citigroup Global Markets Inc., J.P. Morgan Securities LLC ( replacing MFR
Securities, Inc.) and Siebert Brandford Shank & Co., LLC (collectively with the Senior
Managing Underwriter, the "Underwriters") is hereby authorized at a purchase price (not
including original issue premium or original issue discount) of not less than 99%;o of the
aggregate principal amount of the Series 2015 Bonds (the "Minimum Purchase Price") and at a
true interest cost rate ("TIC") not to exceed 5.25% (the "Maximum TIC"). The City Manager,
after consultation with the Chief Financial Officer and the Financial Advisor, is hereby
authorized to award the Series 2015 Bonds to the Underwriters at a purchase price of not less
4304534/4/MrAMr
497
at a TIC not in excess of the Maximum TIC. The execution and delivery of the Series 2015
Bond Purchase Agreement for and on behalf of the City by the Mayor shall be conclusive
evidence of the City's acceptance of the Underwriters' proposal to purchase the Series 2015
Bonds.
SECTION 6. Upon compliance with the requirements of Section 218.385, Florida
Statutes, by the Underwriters, the Commission hereby authorizes the Mayor to execute and
deliver a Bond Purchase Agreement for the Series 201 5 Bonds (the "Series 2015 Bond Purchase
Agreement") for and on behalf of the City, in substantially the form presented at the meeting at
which this Series Resolution was considered, subject to such changes, modifications, insertions
and omissions and such filling-in of blanks therein as may be determined and approved by the
City Manager, after consultation with the Chief Financial Officer and the City Attorney. The
execution of the Series 2015 Bond Purchase Agreement for and on behalf of the City by the
Mayor shall be conclusive evidence of the City's approval of the Bond Purchase Agreement.
SECTION 7. The Bond Registrar is hereby authorized and directed to authenticate the
Series 2015 Bonds and to deliver the Series 2015 Bonds to or upon the order of the Underwriters
upon payment of the purchase price, as shall be set forth in the Series 2015 Bond Purchase
Agreement, and satisfaction of the conditions contained in Section 209 of the Original
Resolution.
SECTION 8. The proposed Preliminary Offrcial Statement (the 'oSeries 2015
Preliminary Official Statement") and Offrcial Statement (the "Series 2015 Ofhcial Statement")
in connection with the issuance of the Series 2015 Bonds are hereby approved in substantially
the form of the Series 2015 Preliminary Official Statement presented at the meeting at which this
Series Resolution was considered, subject to such changes, modifications, insertions and
omissions and such filling-in of blanks therein as may be determined and approved by the City
Manager, after consultation with the Chief Financial Officer and the City Attorney. The
execution of the Official Statement, for and on behalf of the City by the Mayor and the City
Manager shall be conclusive evidence of the City's approval of the Series 2015 Preliminary
Official Statement and the Series 2015 Official Statement. The distribution of said Series 2015
Preliminary Official Statement and Series 2015 Official Statement in connection with the
marketing of the Series 2015 Bonds and the execution and delivery of the Series 2015 Official
Statement by the Mayor and the City Manager are hereby authorized. The Mayor or his
designee, after consultation with the Chief Financial Officer and the City Attorney, is hereby
authorized to make any necessary certifications to the Underwriters regarding a near final or
deemed final official statement, if and to the extent required by Rule l5c2-12 of the United
States Securities and Exchange Commission (the o'Rule").
SECTION 9. The proceeds of the Series 2015 Bonds shall be applied in accordance
with the provisions of Section 209 of the Original Resolution and this Series Resolution, all as
specified in a certificate of the Chief Financial Officer delivered concurrently with the issuance
of the Series 2015 Bonds, including, to the extent provided in such certificate, for the payment of
interest accruing on the Series 2015 Bonds prior to, during and after construction of the Series
2015 Project.
4304534/4/MtAMl 498
ln accordance with the provisions of the Bond Resolution, there is hereby created within
the Construction Fund a "series 2015 Construction Account" and within said Series 2015
Construction Account, a "series 2015 Construction Subaccount" for the deposit of proceeds of
the Series 2015 Bonds to be applied to the payment of a part of the Cost of the Series 2015
Project, other than the portion of such part representing expenses incurred in the issuance of the
Series 2015 Bonds, and a "series 2015 Cost ofIssuance Subaccount" for the deposit ofproceeds
of the Series 2015 Bonds to be applied to the payment of expenses incurred in the issuance of the
Series 2015 Bonds.
The proceeds of the Series 2015 Bonds shall be invested in accordance with the
provisions of Section 602 of the Original Resolution in Investment Obligations as determined by
the Chief Financial Officer.
SECTION 10. In connection with the issuance of the Series 2015 Bonds and for the
purpose of complying with the covenants contained in Section 605 of the Original Resolution,
there is hereby created a special fund designated "Series 2015 Arbitrage Rebate Fund," which
shall be held by the City and constitute an Arbitrage Rebate Fund under the Bond Resolution.
SECTIONII. The Series 2015 Bonds shall be executed in the form and manner
provided in the Bond Resolution. The Series 2015 Bonds are hereby authorized to be issued
initially in book-entry form and registered in the name of The Depository Trust Company, New
York, New York ("DTC"), or its nominee which will act as securities depository for the Series
2015 Bonds. The Chief Financial Officer is hereby authorized and directed to execute any
necessary letters of representations with DTC and, notwithstanding the provisions of the Bond
Resolution, to do all other things, comply with all requirements and execute all other such
documents as are incidental to such book-entry system. In the event a book-entry system for the
Series 2015 Bonds ceases to be in effect, the Series 2015 Bonds shall be issued in fully
certificated form.
SECTION 12. For the benefit of the Holders and beneficial owners from time to time of
the Series 2015 Bonds, the City agrees, in accordance with and as the only obligated person with
respect to the Series 2015 Bonds under the Rule, to provide or cause to be provided certain
financial information and operating data, financial statements and notices, in such manner, as
may be required for purposes of paragraph (bX5) of the Rule. [n order to describe and specify
the terms of the City's continuing disclosure agreement, the Chief Financial Officer is hereby
authorized and directed to enter into and deliver, in the name and on behalf of the City, a
Disclosure Dissemination Agent Agreement (the 'oSeries 2015 Continuing Disclosure
Agreement"), with Digital Assurance Certification, L.L.C. ("DAC"), which is hereby appointed
as disclosure dissemination agent with respect to the Series 2015 Bonds, in substantially the form
presented at the meeting at which this Series Resolution was considered, subject to such changes,
modifications, insertions and omissions and such filling-in of blanks therein as may be
determined and approved by the Chief Financial Officer, after consultation with the City
Attomey. The execution of the Series 2015 Continuing Disclosure Agreement, for and on behalf
of the City by the Chief Financial Officer, shall be deemed conclusive evidence of the City's
approval of the Series 2015 Continuing Disclosure Agreement. Notwithstanding any other
provisions of the Bond Resolution, including this Series Resolution, any failure by the City to
comply with any provisions of the Series 2015 Continuing Disclosure Agreement shall not
4304534/4/MlAMl 499
constitute an Event of Default under the Bond Resolution and the remedies therefor shall be
solely as provided in the Series 2015 Continuing Disclosure Agreement.
The Chief Financial Officer is further authorized to establish procedures in order to
ensure compliance by the City with the Series 2015 Continuing Disclosure Agreement, including
the timely provision of information and notices. Prior to making any filing in accordance with
such agreement, the Chief Financial Officer may consult with, as appropriate, the City Attorney
or Bond Counsel. The Chief Financial Officer, acting in the name and on behalf of the City,
shall be entitled to rely upon any legal advice provided by the City Attorney or Bond Counsel in
determining whether a filing should be made.
SECTION 13. U.S. Bank National Association is hereby appointed as Bond Registrar for
the Series 2015 Bonds.
SECTION 14. The officers, agents and employees of the City, the Bond Registrar and
DAC are hereby authorized and directed to do all acts and things and execute and deliver all
documents, agreements and certificates required of them by the provisions of the Series 2015
Bonds, the Bond Resolution, the Series 2015 Bond Purchase Agreement, the Series 2015
Continuing Disclosure Agreement and this Series Resolution, for the full, punctual and complete
performance of all the terms, covenants, provisions and agreements of the Series 2015 Bonds,
the Bond Resolution, the Series 2015 Bond Purchase Agreement, the Series 2015 Continuing
Disclosure Agreement and this Series Resolution.
SECTION 15. This Series Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this day of ,2015.
Mayor
(Seal)
Attest:
City Clerk
APPRO\/ED AS TO
FORM & LANGUAGC
4304534/4/MlAMl 500
EXHIBIT A
SERIES 2OI5 PROJECT
The Series 2015 Project includes the following:
o Repair, replace and/or install curbs and gutters
o Reconstruct and/or raise streets and sidewalks
. Repair, replace and/or install collection systems (including, but not limited to,
catch basins, manholes and storage facilities)
o Construct pumping stations and water quality treatment devices
o Repair and/or upgrade existing outfalls (including, but not limited to, tidal
backfl ow prevention devices)
The Commission may approve by resolution other Improvements as part of the Series
2015 Project in addition to and/or in lieu of one or more of the above Improvements.
4304534/4/MtAMt
A-1
501
$_
CITY OF MIAMI BEACH, FLORIDA
Stormwater Revenue Bonds,
Series 2015
BOND PURCHASE AGREEMENT
201,5
Mayor and City Commission
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beactr, Florida 33139
Ladies and Gentlemen:
Wells Fargo Bank National Association (the "Senior Managing Underwriter"), acting on
behalf of itself and Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Siebert
Brandford Shank & Co., LLC (collectively, with the Senior Managing Underwriter, the
"Ljndernrriters"), offer to enter into this Bond Purchase Agreement (this "Purchase Agreement")
with the City of Miami Beach, Florida (the "City"), for the sale by the City and the purchase by
theUnderwritersoftheCity,s$-StormwaterRevenueBonds,Series2015(the,,Series
2015 Bonds"). This offer is made subject to acceptance by the City prior to 5:00 p.m. (Eastem
Time) on the date hereof. Upon such acceptance, this Purchase Agreement will be in full force
and effect in accordance with its terms and will be binding on the City and the Underwriters. If
this offer is not so accepted, it is subject to withdrawal by the Underwriters upon written notice
delivered to the City at any time prior to such acceptance. In conformance with Section 218.385,
Florida Statutes, as amended, the Underwriters hereby deliver the Disclosure and Truth-in-
Bonding Statement attached hereto as Exhibit "A." Capitalized terms used in this Purchase
Agreement, but not defined, are used with the meanings ascribed to them in the Bond
Resolution hereinafter described.
The Senior Managing Underwriter represents that it is authorized on behalf of itself and
the other Underwriters to enter into this Purchase Agreement and to take any other actions that
may be required on behalf of the Underwriters.
SECTION 1.
(a) Upon the terms and conditions and upon the basis of the representations and
warranties herein set forth, the Underwriters hereby agree to purchase from the
59100/00987622.DOCv5
502
City, and the City hereby agrees to sell to the Underwriters all (but not less than
all) of the Series 2015 Bonds for a purchase price equal to $(which
purchase price is the aggregate principal amount of the Series 2015 Bonds of
$,p1us/minusanetoriginalissuepremium/discountof$-
andlessanUnderwriters,discountof$-).Thepurchasepriceforthe
Series 2015 Bonds shall be payable to the City in immediately available funds.
(b) In connection with the execution of this Purchase Agreement, the Senior
Managing Underwriter, on behalf of the Underwriters, has delivered to the
City a wire transfer credited to the order of the City in immediately available
federal funds in the aggregate amount of Dollars
($-)(the''GoodFaithDeposit''),whichisbeingdeliveredtotheCity
on account of the purchase price of the Series 2015 Bonds and as security for
the performance by the Underwriters of their obligation to accept and to pay
for the Series 2015 Bonds. If the City does not accept this offer, the Good Faith
Deposit shall be immediately returned to the Senior Managing Underwriter by
wire transfer credited to the order of the Senior Managing Underwriter in the
amount of the Good Faith Deposit, in federal funds to the Senior Managing
Underwriter. In the event the hereinafter defined Closing takes place, the
amount of the Good Faith Deposit shall be credited against the purchase price
of the Series 2015 Bonds pursuant to Section t(a). In the event of the City's
failure to deliver the Series 2015 Bonds at the Closing, or if the City shall be
unable at or prior to the Closing to satisfy the conditions to the obligations of
the Underwriters contained in this Purchase Agreement (unless such
conditions are waived by the Senior Managing Underwriter), or if the
obligations of the Underwriters shall be terminated for any reason permitted
by this Purchase Agreement, the City shall immediately wire to the Senior
Managing Underwriter in federal funds the Good Faith Deposit without
interest, and such wire shall constitute a full release and discharge of all claims
by the Underwriters against the City arising out of the transactions
contemplated by this Purchase Agreement. In the event that the Underwriters
fail other than for a reason permitted under this Purchase Agreement to accept
and pay for the Series 20L5 Bonds upon their tender by the City at the Closing,
the amount of the Good Faith Deposit shall be retained by the City and such
retention shall represent full liquidated damages and not a penalty, for such
failure and for any and all defaults on the part of the Underwriters and the
retention of such funds shall constitute a full release and discharge of all
claims, rights and damages for such failure and for any and all such defaults.
It is understood by both the City and the Underwriters that actual damages in
the circumstances as described in the preceding sentence may be difficult or
impossible to compute; therefore, the funds represented by the Good Faith
Deposit are a reasonable estimate of the liquidated damages in this type of
situation.
59100100987622.DoCv5
z
503
(c)The Series 2015 Bonds will be issued pursuant to Chapter 166, Florida Statutes, as
amended, the City of Miami Beach Charter and Section 403.0893(1), Florida
Statutes, and other applicable provisions of law (collectively, the " Act"), and
pursuant and subject to the terms and conditions of Resolution No.2000-24127
adopted by the Mayor and City Commission of the City of Miami Beach,
Florida (the "Commission") on October 18, 2000, as amended and
supplemented from time to time, and as particularly supplemented by
Resolution No. 2015-_ adopted by the Commission on ,
2015 (collectively, "Bond Resolution"). The Series 2015 Bonds will be secured
as provided in the Bond Resolution. The Series 2015 Bonds shall mature and
have such other terms and provisions as are described on Exhibit "B" hereto.
Proceeds of the Series 2015 Bonds will provide funds, together with other
available funds, to (i) pay the costs of certain capital improvements to the
Stormwater Utility as described in the Bond Resolution (the "series 2015
Project"), (ii) [fund required reserves, and (iii)] pay costs of issuance of the
Series 2015 Bonds. It shall be a condition to the obligation of the City to sell
and deliver the Series 2015 Bonds to the Underwriters, and to the obligation of
the Underwriters to purchase and accept delivery of the Series 2015 Bonds,
that the entire aggregate principal amount of the Series 2015 Bonds shall be
sold and delivered by the City and accepted and paid for by the Underwriters
at the Closing. [Upon delivery of the Series 2015 Bonds, the County shall
deposit into the Reserve Account a Reserve Account Insurance Policy issued
by-(the''Insurer'')(the''2015ReserveAccountInsurancePolicy'').}
The Underwriters agree to make a bona fide public offering of substantially all
of the Series 2015 Bonds to the public at initial public offering prices not
greater than (or yields not less than) the initial public offering prices (or
yields) set forth in the Official Statement; provided, however, that the
Underwriters reserve the right to make concessions to certain dealers, certain
dealer banks and banks acting as agents and to change such initial public
offering prices as the Underwriters shall deem necessary in connection with
the marketing of the Series 2015 Bonds.
At the Closing, the Underwriters shall deliver to the City a certificate, in a
form acceptable to Bond Counsel, stating the facts of the sale of the Series 2015
Bonds in a manner such that the issue price can reasonably be established.
The Official Statement shall be provided for distribution, at the expense of the
City, in such quantity as may be requested by the Underwriters no later than
the earlier of (i) seven (7) business days after the date hereol or (ii) one (1)
business day prior to the Closing date, in order to permit the Underwriters to
comply with Rule 15c2-12 (the "Rule") of the Securities and Exchange
Commission ("SEC"), and the applicable rules of the Municipal Securities
(d)
(e)
59100/00987622.DOCv5
504
Rulemaking Board ("MSRB"), with respect to distribution of the Official
Statement
The Senior Managing Underwriter agrees to file the Official Statement with the
Electronic Municipal Market Access system ("EMMA") (accompanied by a
completed Form G-32) by the date of Closing. The filing of the Official Statement
with EMMA shall be in accordance with the terms and conditions applicable to
EMMA.
(0 From the date hereof until the earlier of (i) ninety days from the "end of the
underwriting period" (as defined in the Rule), or (ii) the time when the Official
Statement is available to any person from the MSRB (but in no case less than
twenty-five (25) days following the end of the underwriting period), if any event
ocflrrs or a condition or circumstance exists which may make it necessary to
amend or supplement the Official Statement in order to make the statements
therein, in the light of the circumstances under which they were made, not
misleading, the party discovering such evenf condition or occurrence shall
notify the other party and il in the reasonable opinion of the City or the
reasonable opinion of the Senior Managing Underwriter, such event requires the
preparation and publication of an amendment or supplement to the Official
Statement, the City, at its expense, will promptly prepare an appropriate
amendment or supplement thereto, in a form and in a manner reasonably
approved by the Senior Managing Underwriter (and file, or cause to be filed, the
same with the MSRB, and mail such amendment or supplement to each record
owner of the Series 2015 Bonds) so that the statements in the Official Statement,
as so amended or supplemented, will not, in light of the circumstances under
which they were made, be misleading. Each party will promptly notify the other
parties of the occurrence of any event of which it has knowledge or the discovery
of such conditions or circumstance, which, in its reasonable opinion, is an event
described in the preceding sentence. Notwithstanding the foregoing, if prior to
the Closing either the City or the Underwriters hereto does not in good faith
approve the form and manner of such supplement or amendment, the other may
terminate this Purchase Agreement. The parties agree to cooperate in good
faith with regard to the form and manner of the supplement or amendment to
the Official Statement. Unless the City is otherwise notified by the Underwriters
in writing on or prior to the date of Closing, the end of the underwriting period
for the Series 2015 Bonds for all purposes of the Rule and this Purchase
Agreement is the date of Closing. In the event the written notice described in the
preceding sentence is given by the Underwriters to the City, such written notice
shall specify the date after which no participating underwriter, as such term is
defined in the Rule, remains obligated to deliver Official Statements pursuant to
paragraph (b)( ) of the Rule.
59/00100987622.DOCv5
505
(g) The City hereby approves and authorizes the delivery and distribution of the
Preliminary Official Statement and the execution, delivery and distribution of the
Official Statement in substantially the form of the Preliminary Official Statemen!
together with such other changes, amendments or supplements as shall be made
and approved in writing by the Senior Managing Underwriter and the City prior
to the Closing in connection with the public offering and sale of the Series 2015
Bonds.
SECTION 2.
The City represents and warrants to and agrees with the Underwriters as follows:
The Bond Resolution and the Rate Instrument (as hereinafter defined) were
adopted and/or enacted by the Commission at meetings duly called and held in
open session upon requisite prior public notice pursuant to the laws of the State
of Florida and the standing resolutions and rules of procedure of the
Commission. The City has full right, power and authority to adopt and/or enact
the Bond Resolution and the Rate Instrument. On the date hereof, the Bond
Resolution and the Rate Instrument are, and, at the Closing shall be, in full force
and effect and no portions thereof have been or shall have been supplemented,
repealed rescinded or revoked. The Bond Resolution and Rate Instrument
constitute the legal, valid and binding obligations of the City, enforceable in
accordance with their terms. The Bond Resolution creates a lien upon and
pledge of Net Revenues, for the payment of principal and interest on the Series
2015 Bonds on parity and equal status with the City's Stormwater Revenue
Refunding Bonds, Taxable Series 2009I-2, Stormwater Revenue Bonds, Series
201,14, and Stormwater Revenue Refunding Bonds, Series 200118 and any other
Bonds hereinafter issued under the Bond Resolution (the "Parity Bonds").
As of their respective dates and, with respect to the Official Statement, at the time
of Closing, the statements and information contained in the Preliminary Official
Statement and the Official Statement are and will be accurate in all material
respects for the purposes for which their use is authorized, and do not and will
not contain any untrue statement of a material fact or omit to state any material
fact necessary to make the statements thereiry in the light of the circumstances
under which they were made, not misleading. In additioru any amendments to
the Preliminary Official Statement and the Official Statement prepared and
furnished by the City pursuant hereto will not contain any untrue statement of a
material fact or omit to state any material fact necessary to make the statements
thereiry in the light of the circumstances under which they were made, not
misleading. The Series 2015 Bonds, the Bond Resolutiory the Rate Instrument
and the Disclosure Dissemination Agent Agreement relating to the Series 2015
Bonds (the "Continuing Disclosure Agreement") conform to the descriptions
thereof set forth in the Official Statement.
(a)
(b)
59100/00987622.DOCv5
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(c)The City is not in breach of or default under any applicable constitutional
provision, law or administrative regulation of the State of Florida or the United
States, or any agency or department of either, or any applicable judgment or
decree or any loan agreement, indenfure, bond, note, resolution, agreement or
other instrument to which the City is a party or to which the City or any of its
properties or other assets is otherwise subject, and no event has occurred and is
continuing whictu with the passage of time or the giving of notice, or bottr,
would constifute a default or event of default under any such instrument, in any
such case to the extent that the same would have a material and adverse effect
upon the business or properties or financial condition of the City or the
Stormwater Utility, including the City's receipts of the Net Revenues in the
amount contemplated by the Official Statement; and the execution and delivery
of the Series 2015 Bonds, the Continuing Disclosure Agreement, [the Financial
Guaranty Agreement between the City and the Insurer relating to the 2015
Reserve Account Insurance Policy (the "Financial Guaranty Agreement");l and
this Purchase Contract and the adoption of the Bond Resolutiory the adoption
and/or enactment of the Rate Instrument, and compliance with the provisions on
the City's part contained in each, will not conflict with or constitute a breach of
or default under any constitutional provision, law, administrative regulatiory
judgment, decree, loan agreement, indenture, bond, note, resolutiory agreement
or other instrument to which the City is a party or to which the City or any of its
properties or other assets is otherwise subject nor will any such execution,
delivery, adoption or compliance result in the creation or imposition of any liery
charge or other security interest or encumbrance of any nafure whatsoever upon
any of the properties or the assets of the City under the terms of any such law,
regulation or instrument except as provided or permitted by the Series 2015
Bonds and the Bond Resolution.
As of its date, the Preliminary Official Statement was deemed "final" (except for
permitted omissions) by the City for purposes of paragraph (bX1) of the Rule.
On the date hereof, the Commission is the governing body of the City and the
City is, and will be on the date of the Closing, duly organized and validly
existing as a municipality under the Act, with the power and authority set forth
therein.
The City has full right, power and authority to issue, sell and deliver the Series
2015 Bonds to the Undenrrriters as described herein; to provide funds to finance
the Series 2015 Project; to have enacted and/or adopted the ordinances and/or
resolutions which established the rates, fees, rentals, charges and other income
which comprise Revenues of the Stormwater Utility, (collectively, the "Rate
Instrument"); to enter into this Purchase Agreement, [the Financial Guaranty
AgreementJ and the Continuing Disclosure Agreement (collectively, the "Bond
Documents"), to issue and deliver the Series 2015 Bonds as provided in this
(d)
(e)
(0
59100100987622.DOCv5
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(g)
Purchase Agreement and the Bond Resolution, to apply the proceeds of the sale
of the Series 2015 Bonds for the purposes described herein and in the Official
Statement, to execute and deliver the Bond Documents, and to carry out and
consummate the transactions contemplated by the aforesaid documents.
At meetings of the Commission that were duly called and at which a quorum
was present and acting throughout, the Commission approved the execution and
delivery of the Series 2015 Bonds and the Bond Documents; authorized the
execution and delivery of the Official Statemenq and authorized the use of the
Official Statement in connection with the public offering of the Series 2015 Bonds.
The City represents that it will have no bonds or other indebtedness outstanding
that are secured by the Net Revenues, other than as described in the Official
Statement. All conditions and requirements of the Bond Resolution relating to
the issuance of the Series 2015 Bonds have been complied with or fulfilled, or
will be complied with or fulfilled on the date of Closing.
Since September 30, 201,4, there has been no material adverse change in the
financial positiory results of operations or condition, financial or otherwise, of the
City or its Stormwater Utility other than as disclosed in the Official Statement
and the City has not incurred liabilities that would materially adversely affect its
ability to discharge its obligations under the Bond Resolution or the Bond
Documents, direct or contingent other than as disclosed in the Official
Statement.
No authorization, approval, consent or license of any govemmental body or
authority, not already obtained, is required for the valid and lawful execution
and delivery by the City of the Series 2015 Bonds, the Bond Documents, the
Official Statement, the adoption of the Bond Resolution and the adoption and/or
enactment of the Rate Instrument, and the performance of its obligations
thereunder or as contemplated thereby; provided, however, that no
representation is made concerning compliance with the registration requirements
of the federal securities laws or the securities or Blue Sky laws of the various
states.
The City is not and has not been in default on any bond issued since
December 3"1, 1975 that would be considered material by a reasonable investor,
and the City has not served as a conduit issuer of bonds since such date.
Except as disclosed in the Official Statement, there is no claim, actiory sui!
proceeding, inquiry or investigation, at law or in equity, before or by any court,
govemmental agency, or public board or body, pending or, to the best of its
knowledge, threatened: (i) contesting the corporate existence or powers of the
Commissiory or the titles of the officers of the Commission to their respective
offices; (ii) seeking to prohibit, restrain or enjoin the sale, issuance or delivery of
(h)
(i)
0)
(k)
59100100987622.DOCv5
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(l)
the Series 2015 Bonds or the collection of the Net Revenues, pledged to pay the
principal of and interest on the Series 2015 Bonds in the manner and to the extent
provided in the Bond Resolution, or the application of the proceeds of the Series
2015 Bonds or in which an unfavorable decisiory ruling or finding would
materially adversely affect the financial position of the City or the operations of
its Stormwater Utility or the validity or enforceability of the Series 2015 Bonds,
the Bond Resolutiory the Rate Instrument or the Bond Documents; (iii) contesting
in any way the completeness or accuracy of the Official Statement; (iv) adversely
affect the exclusion of interest on the Series 2015 Bonds from gross income for
federal income tax purposes; or (v) challenging the City's ownership or operation
of the Stormwater Utility, nor, to the best knowledge of the City, is there any
basis therefor.
When duly executed and delivered, the Series 2015 Bonds, and the Bond
Documents will have been duly authorized, executed, issued and delivered and
will constitute valid and binding obligations of the Clty, enforceable in
accordance with their respective terms, except insofar as the enforcement thereof
may be limited by bankruptcp insolvency or similar laws relating to the
enforcement of creditors' rights.
The City will furnish such informatiory execute such instruments and take such
other action in cooperation with the Senior Managing Underwriter as the Senior
Managing Underwriter may reasonably request to: (i) qualify the Series 2015
Bonds for offer and sale under the "blue sky" or other securities laws and
regulations of such states and other;'urisdictions of the United States of America
as the Senior Managing Underr,rrriter may designate; (ii) determine the eligibility
of the Series 2015 Bonds for investment under the laws of such states and other
jurisdictions; and (iii) continue such qualifications in effect so long as required
for the distribution of the Series 2015 Bonds; provided that the City will not be
required to qualify to do business or submit to service of process in any such
jurisdiction.
The City has not been notified of any listing or the proposed listing of the City by
the Intemal Revenue Service as an issuer whose arbitrage certifications may not
be relied upon.
A.y certificate signed by any official of the City and delivered to the
Underwriters will be deemed to be a representation by the City to the
Underwriters as to the statements made therein.
The City will undertake, pursuant to the Continuing Disclosure Agreemen! to
provide or cause to be provided to the MSRB certain annual financial
information and operating data of the Stormwater Utility, and certain notices of
(m)
(n)
(o)
(p)
59100/00987622.DOCv5
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(q)
material events, as more fully set forth in the Continuing Disclosure Agreement.
A description of the undertaking will be set forth in the Official Statement.
The Financial Statements included in the Official Statement have been prepared
in accordance with generally accepted accounting principles applied on a
consistent basis with that of the audited combined financial statements of the
City and fairly present the financial condition and results of the operations of the
City and the Stormwater Utility at the dates and for the periods indicated.
The City will provide to the rating agencies rating the Series 2015 Bonds
appropriate periodic credit information necessary for maintaining the ratings on
the Series 2015 Bonds.
Except as disclosed in the Official Statement, within the last five (5) years, the
City has not failed to comply in all material respects with any continuing
disclosure undertaking made by it pursuant to the Rule in connection with
outstanding bond issues for which the City has agreed to undertake continuing
disclosure obligations.
At the time of Closing the City will be in compliance in all respects with the
covenants and agreements contained in the Bond Resolution and no Event of
Default, nor an event which, with the lapse of time or giving of notice, or both,
would constitute an Event of Default under the Bond Resolution will have
occurred or be continuing.
The City will not take or omit to take any action which action or omission will in
any way cause the proceeds from the sale of the Series 2015 Bonds to be applied
in a manner contrary to that provided for or permitted in the Bond Resolution
and as described in the Official Statement.
No representation or warranty by the City in this Purchase Agreement, nor any
statemenf certificate, document or exhibit furnished to or to be fumished by the
City pursuant to this Purchase Agreement contains, or will contain on the
Closing date, any untrue statement of material fact.
Between the date of this Purchase Agreement and the date of Closing, the City
will not, without the prior written consent of the Senior Managing Underwriter,
offer or issue any bonds, notes or other obligations for borrowed money, and the
City wilt not incur any material liabilitie+ direct or contingent, nor will there be
any adverse change of a material nature in the financial position, results of
operations or conditiory financial or otherwise, of the City, other than (i) as
contemplated by the Official Statement or (ii) in the ordinary course of business.
(r)
(s)
(0
(u)
(v)
(w)
59100100987622.DOCv5
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SECTION 3.
On or before the acceptance by the City of this Purchase Agreemenf the Undervrrriters
shall receive from the City certified copies of the Bond Resolution and the Rate Instrument.
SECTION 4.
At 10:00 a.m. (Eastem Time) on . 201.5, or at such earlier or later time or
date as the parties hereto mutually agree upon (the "Closing"), the City will cause to be
delivered to the Underwriters, at the offices of Squire Patton Boggs (US) LLP ("Bond Counsel"),
in the City of Miami, Florida or at such other place upon which the parties hereto may agree,
the documents mentioned in Section 5(b) of this Purchase Agreement and shall release the
Series 2015 Bonds, in the form of one typewrittery fully registered bond with a CUSP
identification number thereon for each maturity of the Series 2015 Bonds, duly executed and
authenticated and registered in the name of Cede & Co., as nominee for DTC, through the DTC
FAST System to the Underwriters. At the Closing the Underwriters shall evidence their
acceptance of delivery of the Series 2015 Bonds and pay the purchase price of the Series 2015
Bonds as set forth in Section 1(a) of this Purchase Agreement.
SECTION 5.
The Underwriters have entered into this Purchase Agreement in reliance upon the
representations and agreements of the City herein and the performance by the City of its
obligations hereunder, both as of the date hereof and as of the date of Closing. The City's and
the Underwriters' obligations under this Purchase Agreement are and will be subject to the
following further conditions:
(a) at the time of Closing: (i) the Bond Resolutiory the Rate Instrument and the Bond
Documents will be in full force and effect and will not have been amended,
modified or supplemented, except as may have been agreed to in writing by the
Senior Managing Undenvriter; (ii) the proceeds of the sale of the Series 2015
Bonds shall be applied as described in the Official Statemeng and (iii) the
Commission shall have duly adopted and there shall be in full force and effec!
resolutions as, in the opinion of Bond Counsel, shall be necessary in connection
with the transactions contemplated hereby;
(b) at or prior to the Closing, the Underwriters shall receive the following
documents:
(i) the opinion of Bond Counsel with respect to the Series 2015 Bonds, dated
the date of Closing, substantially in the form attached to the Official
Statement as Appendix - either addressed to the Underwriters and the
City or accompanied by a letter addressed to the Underwriters indicating
that it may rely on said opinion as if it were addressed to them;
59100/00987622.DOCv5
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511
(iv)
(ii) a supplemental opinion of Bond Counsel, dated the date of the Closing
and addressed to the Underwriters to the effect that: (A) they have
reviewed the statements in the Official Statement under the captions
["INTRODUCTION", "PURPOSE OF THE SERIES 2015 BONDS",
"THE SERIES 2015 BONDS" (except for information under the
subheading "Book-Entry Only System"), and "SECURITY FOR THE
SERIES 20L5 BONDS" (except for the information under the
subheading "RESERVE ACCOUNT EXISTING RESERVE
(iii)
ACCOUNT INSURANCE POLICY"),] and believe that, insofar as such
statements purport to summarize certain provisions of the Series 2015
Bonds and the Bond Resolutiory such statements present an accurate
summary of such provisions; (B) they have reviewed the statements in the
Official Statement under the caption "TAX MATTERS" and believe that
such statements are accurate; and (C) the Series 2015 Bonds are exempt
from the registration requirements of the Securities Act of 1933, as
amended (the "1933 Act") and the Bond Resolution is exempt from
qualification under the Trust Indenture Act of 1939, as amended (the
"1939 Act");
the opinion of the Law Offices of Steve E. Bullock, P.A., Disclosure
Counsel to the City, dated the date of Closing and either addressed to the
Underwriters and the City or accompanied by a letter addressed to the
Underwriters indicating that it may rely on said opinion as if it were
addressed to them, in form and substance acceptable to the City and the
Underwriters, (i) to the effect that nothing has come to its attention which
leads it to believe that the Official Statement contains any untrue
statement of a material fact or omits to state a material fact required to be
stated therein or necessary to make the statements therein, in light of the
circumstances under which they were made, not misleading, (ii) the
Continuing Disclosure Agreement complies, in all material respects, with
the requirements of Rule 15(c)2-12(b)(5), and (iii) the Series 2015 Bonds
are exempt from the registration requirements of the 1933 Act and the
Bond Resolution is exempt from qualification under the 1939 Ac!
the opinion of Raul Aguila Esq., Counsel to the City, dated the date of
Closing and addressed to the Underwriters and the City, to the effect that:
(A) the Commission is the governing body of the City and the City is
validly existing as a municipality under the Act, with all corporate power
necessary to conduct the operations described in the Official Statement
and to carry out the transactions contemplated by this Purchase
Agreement; (B) the City has obtained all govemmental consents,
approvals and authorizations necessary for execution and delivery of the
Bond Documents, for issuance of the Series 2015 Bonds and for execution
and delivery of the Official Statement and consummation of the
59100100987622.DOCv5
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512
transactions contemplated thereby and hereby; (C) the City has full legal
right, power and authority to pledge and grant a lien on the Net
Revenues, for the security of the Series 2015 Bonds on parity and equal
status with the Parity Bonds; (D) the Commission has duly adopted the
Bond Resolution and duly enacted and/or adopted the Rate Instrument
and approved the form, executiory distribution and delivery of the
Official Statemen! (E) the Series 2015 Bonds and the Bond Documents
have each been duly authorized, executed and delivered by the City and,
assuming due authorization, execution and delivery thereof by the other
parties thereto, if any, each constifutes a valid and binding agreement of
the City, enforceable in accordance with its terms; (F) the information in
the Official Statement with respect to the City (excluding financial,
statistical and demographic information and information relating to DTC,
as to which no opinion need be expressed) is, to the best knowledge of
such counsel after due inquiry with respect thereto, correct in all material
respects and does not omit any matter necessary in order to make the
statements made therein regarding such matters, in light of the
circumstances under which such statements are made, not misleading
and, based on its participation as counsel to the City, such counsel has no
reason to believe that the Official Statement (excluding financial,
statistical and demographic information (and information relating to DTC
[and the Insurer]) contained as of its date or contains any untrue
statement of a material fact or omitted or omits to state any material fact
necessary to make the statements therein, in light of the circumstances
under which they were made, not misleading; (G) except as disclosed in
the Official Statement under the caption "LITIGATION," there is no
actiory suit, proceeding or investigation at law or in equity before or by
any court, public board or body pending or, to the best of knowledge of
such counsel, threatened, against or affecting the Commission or the City
challenging the validity of the Series 2015 Bonds, the Bond Resolutiory
the Rate Instrument, the Bond Documents, or any of the transactions
contemplated thereby or by the Official Statemenf or challenging the
existence of the City or the respective powers of the several offices of the
officials of the City or the titles of the officials holding their respective
offices, or challenging the City's ownership or operation of the
Stormwater Utility or the pledge of the Net Revenues for the payment of
the Series 2015 Bonds in the manner and to the extent provided in the
Bond Resolution, nor is there any basis therefor; (H) the execution and
delivery of the Bond Documents and the issuance of the Series 2015
Bonds, and compliance with the provisions thereof, under the
circumstances contemplated thereby, do not and will not in any material
respect conflict with or constitute on the part of the City a breach of or
default under, or result in the creation of a lien on any property of the
59100100987622.DOCv5
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City (except as contemplated therein) pursuant to any note, mortgage,
deed of trusf indenfure, resolution or other agreement or instrument to
which the Commission or the City is a party, or any existing law,
regulatiory court order or consent decree to which the Commission or the
City is subject;
(v) a certificate, dated the date of Closing, signed on behalf of the City by the
Mayor and the City Manager of the City, setting forth such matters as the
Senior Managing Underwriter may reasonably require, including that
each of the representations of the City contained in Section 2 hereof were
true and accurate in all material respects on the date when made, has
been true and accurate in all material respects at all times since, and
continues to be true and accurate in all material respects on the date of
Closing as if made on such date; and stating that to the best of their
knowledge, no event affecting the City, the Series 2015 Project, the
Stormwater Utility or the Series 2015 Bonds has occurred since the date of
the Official Statement which should be disclosed therein for the purpose
for which it is used or which is necessary to disclose therein in order to
make the statements and information therein not misleading in any
material respect as of the date of Closing;
(vi) a customary signature certificate, dated the date of Closing, signed on
behalf of the City by the City Clerk of the City;
(vii) evidence satisfactory to the Senior Managing Underwriter that the
requirements of Section209 of the Bond Resolution have been satisfied;
(viii) Ietters from Moody's Investors Service, Inc. ("Moody's") and Standard &
Poor's Ratings Services ('S&P") addressed to the City, to the effect that
the Series 20L5 Bonds have been assigned ratings of " _" and " _"
with a "_ outlook," respectively, which ratings shall be in effect as
of the Closing date;
(ix)
(x)
a customary authorization and incumbency certificate, dated the date of
Closing signed by authorized officers of the Bond Registrar;
copies of the Blue Sky Survey and Legal Investment Survey, if any,
prepared by Counsel to the Underwriters, indicating the jurisdictions in
which the Series 2015 Bonds may be sold in compliance with the "blue
sky" or securities laws of such jurisdictions;
such additional documents as may be required by the Bond Resolution to
be delivered as a condition precedent to the issuance of the Series 2015
Bonds;
(xi)
59100100987622.DOCv5
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514
(xii) one executed copy of a letter from the Consulting Engineers consenting to
the references to them in the Official statement and inclusion of its Report
of Consulting Engineer as Appendix _ to the Official Statement;
(xiii) one executed copy of certificates of each of the Public Works Director and
the Consulting Engineers to the effect that the information contained in
the Official Statement under the caption "THE STORMWATER UTILITY"
is accurate and does not omit to state a material fact necessary in order to
make the statements made thereiry in light of the circumstances under
which they were made, not misleading;
(xiv) [a true and correct copy of the 2015 Reserve Account Insurance Policy; I
(*v) [an opinion, dated the date of the Closing and addressed to the Issuer
and the Underwriters, of counsel for the Insurer and/or a certificate or
certificates of the Insurer, in such form as is mutually and reasonably
acceptable to the Issuer and the Underwriters; andl
(x) such additional legal opinions, proceedings, instruments and other
documents as the Senior Managing Underwriter, Underwriters' Counsel
or Bond Counsel may reasonably request.
All of the opinions, letters, certificates, instruments and other documents mentioned in
this Purchase Agreement shall be deemed to be in compliance with the provisions of this
Purchase Agreement if, but only if, in the reasonable judgment of the Senior Managing
Underwriter and Undern riters' Counsef they are satisfactory in form and substance.
SECTION 6.
If the City shall be unable to satisfy the conditions to the Underwriters' obligations
contained in this Purchase Agreement or if the Underwriters' obligations are terminated for any
reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and the
Underwriters and the City shall have no further obligation hereunder, except that the respective
obligations of the parties hereto provided in Section 7 hereof shall continue in full force and
effect and the City shall return the Good Faith Deposit as provided in Section 1(b).
SECTION 7.
(a) The following costs and expenses relating to the transaction contemplated or
described in this Purchase Agreement shall be borne and paid by the City
regardless of whether the transaction contemplated herein shall close: printing of
Series 2015 Bonds; printing or copying of closing documents (including the
Preliminary Official Statement and the Official Statement) in such reasonable
quantities as the Underwriters may reques! fees and disbursements of Bond
Counsel; fees and disbursements of the City's Financial Advisor; any accounting
59100/00987622.DOCv5
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fees; the Bond Registrar fees; fees of the rating agencies; and any other fees as
described in Schedule A-L hereto. The City shall pay any expenses incurred by
the Underwriters on behalf of the City and its staff in connection with the
marketing, issuance and delivery of the Series 2015 Bonds, including, but not
limited to, meals, transportation and lodging of the City's employees and
representatives; the City's obligations in regard to these expenses survive even if
the underlying transaction fails to close or consummate.
(b) The Underwriters will pay: (i) the fees and disbursements of Underwriters'
Counsel; (ii) all advertising expenses in connection with the public offering of the
Series 2015 Bonds; and (iii) the cost of preparing, printing and distributing the
Blue Sky and Legal Investment Surveys, if any, and the filing fees required by the
"blue sky" laws of various jurisdictions.
SECTION 8.
The City acknowledges and agrees that (i) the transactions contemplated by this
Purchase Agreement are arm's length, commercial transactions between the City and the
Underwriters in which the Underwriters are acting solely as a principal and are not acting as a
municipal advisor, financial advisor or fiduciary to the City; (ii) the Underwriters have not
assumed any advisory or fiduciary responsibility to the City with respect to the transactions
contemplated hereby and the discussions, undertakings and procedures leading thereto
(irrespective of whether the Underwriters or their affiliates have provided other services or are
currently providing other services to the City on other matters); (iii) the only obligations the
Underwriters have to the City with respect to the transaction contemplated hereby expressly are
set forth in this Purchase Agreemen! (iv) the City has consulted its own financial and/or
municipal, legal, accounting, tax, and other advisors, as applicable, to the extent it has deemed
appropriate and (v) the Underwriters have financial and other interests that differ from those of
the City. The primary role of the Underwriters, is to purchase the Series 2015 Bonds, for resale
to investors, in an arm's-length commercial transaction between the City and the Underwriters.
SECTION 9.
The Underwriters shall have the right to cancel their obligations hereunder by if the
Senior Managing Underwriter notifies the City in writing of their election to do so between the
date hereof and the Closing if, at any time hereafter and on or prior to the Closing:
(a)A committee of the House of Representatives or the Senate of the Congress of the
United States shall have pending before it legislation, or a tentative decision with
respect to legislation shall be reached by a committee of the House of
Representatives or the Senate of the Congress of the United States of America, or
Iegislation shall be favorably reported by such a committee or be introduced, by
amendment or othenrrise, iry or be passed by, the House of Representatives or
the Senate, or recommended to the Congress of the United States of America for
59/00/00987622.DOCv5
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516
(b)
(c)
passage by the President of the United States of America, or be enacted by the
Congress of the United States of America, or an announcement or a proposal for
any such legislation shall be made by a member of the House of Representatives
or the Senate of the Congress of the United States, or a decision by a court
established under Article III of the Constitution of the United States of America
or the Tax Court of the United States of America shall be rendered, or a ruling,
regulation, or order of the Treasury Department of the United States of America
or the Intemal Revenue Service shall be made or proposed having the purpose or
effect of imposing federal income taxatiory or any other event shall have
occurred which results in or proposes the imposition of federal income taxatiory
upon revenues or other income of the general character to be derived by the City,
any of its affiliates, state and local governmental units or by any similar body or
upon interest received on obligations of the general character of the Series 2015
Bonds which, in the Senior Managing Underwriter's opiniory materially and
adversely affects the market price of the Series 2015 Bonds.
Any legislatiory ordinance, rule, or regulation shall be introduced in or be
enacted by any govemmental body, department, or agency of the United States
or of any state, or a decision by any court of competent jurisdiction within the
United States or any state shall be rendered which, in the Senior Managing
Underwriter's reasonable opinion, materially adversely affects the market price
of the Series 2015 Bonds.
A stop order, ruling regulatiory or official statement by, or on behalf of, the SEC
or any other governmental agency having jurisdiction of the subject matter shall
be issued or made to the effect that the issuance, offering, or sale of obligations of
the general character of the Series 2015 Bonds, or the issuance, offering, or sale of
the Series 2015 Bonds, including all the underlying obligations, as contemplated
hereby or by the Official Statement, is in violation or would be in violation of any
provisions of the federal securities laws as amended and then in effect, including
without limitation the registration provisions of the 1933 Act, or the registration
provisions of the Securities Exchange Act of 1934 (the "1,934 Act"), or the
qualification provisions of the 1939 Act.
Legislation shall be introduced by amendment or otherwise in, or be enacted by,
the Congress of the United States of America, or a decision by a court of the
United States of America shall be rendered to the effect that obligations of the
general character of the Series 2015 Bonds, including all the underlying
obligations, are not exempt from registration under or from other requirements
of the 1933 Act or the 1934 Act, or with the purpose or effect of otherwise
prohibiting the issuance, offering, or sale of obligations of the general character
of the Series 2015 Bonds, as contemplated hereby or by the Official Statement.
(d)
59100100987622.DOCv5
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(e)
(0
(g)
Any event shall have occurred, or information shall have become knowry which,
in the Senior Managing Underwriter's reasonable opinion, makes untrue in any
material respect any representation by or certificate of the City hereunder, or any
statement or information furnished to the Underwriters by the City for use in
connection with the marketing of the Series 20L5 Bonds or any material
statement or information contained in the Official Statement as originally
circulated contains an untrue statement of a material fact or omits to state a
material fact necessary in order to make the statements made, in light of the
circumstances under which they were made, not misleading; provided, however,
that the City shall be granted a reasonable amount of time in which to cure any
such untrue or misleading statement or information.
Additional material restrictions not in force as of the date hereof shall have been
imposed upon trading in securities generally by any governmental authority or
by any national securities exchange.
The New York Stock Exchange or any other national securities exchange, or any
govemmental authority, shall impose, as to Series 2015 Bonds or obligations of
the general character of the Series 2015 Bonds, Erny material restrictions not now
in force, or increase materially those now in force, with respect to the extension
of credit by, or a change to the net capital requirements of the Underwriters.
A general banking moratorium or suspension or limitation of banking services
shall have been established by federal, Florida or New York authorities or a
major financial crisis or material disruption in commercial banking or securities
settlement or clearance services shall have occurred.
Any proceeding shall be pending, or to the knowledge of the Underwriters,
threatened, to restrairy enjoin, or otherwise prohibit the issuance, sale, or
delivery of the Series 2015 Bonds by the City or the purchase, offering, sale, or
distribution of the Series 201,5 Bonds by the Underwriters, or for any
investigatory or other proceedings under any federal or state securities laws or
the rules and regulations of the National Association of Securities Dealers, Inc.
relating to the issuance, sale, or delivery of the Series 2015 Bonds by the City or
the purchase, offering, sale, or distribution of the Series 2015 Bonds by the
Undervrrriters.
There shall have occurred any new outbreak or escalation of hostilities, any
declaration by the United States of war or any national or intemational calamity
or crisis, the effect of such outbreak, escalatiory declaratiory calamity or crisis
being such as would cause a major disruption in the municipal bonds market
and as, in the reasonable judgment of the Senior Managing Underwriter, would
make it impracticable or inadvisable for the Underwriters to market the Series
2015 Bonds or to enforce contracts for the sale of the Series 2015 Bonds.
(h)
(i)
0)
59100100987622.DOCv5
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518
Prior to Closing, any of the rating agencies which have rated the Series 2015
Bonds shall inform the City or the Underwriters that the Series 2015 Bonds will
be rated lower than the respective rating published in the Official Statement or
there shall have occurred or any notice shall have been given of any
downgradin& suspension, withdrawal, or negative change of credit watch status
by any national rating service to any Bonds.
There shall have occurred, after the signing hereof, either a financial crisis with
respect to the City or any agency or political subdivision thereof or proceedings
under the bankruptcy laws of the United States or the State of Florida shall have
been instituted by the City, in either case the effect of which, in the reasonable
judgment of the Senior Managing Underwriter, is such as to materially and
adversely affect the market price or the marketability of the Series 2015 Bonds or
the ability of the Underwriters to enforce contracts of the sale of the Series 2015
Bonds.
(m) [The Insurer shall inform the City or the Underwriters that it will not deliver
the 2015 Reserve Account Insurance Policy at Closing.l
SECTION 10.
Any notice or other communication to be given under this Purchase Agreement may be
given by delivering the same in writing as follows:
To the City at:
City of Miami Beach, ftorida
1700 Convention Center Drive
Miami Beach, FL 33139
Attention: Patricia D. Walker, Chief Financial Officer
To the Underwriters (as the Senior Managing Underwriter, the representative on behalf
of the Underwriters) at:
Wells Fargo Bank, National Association
2363 Gulf-to-Bay Boulevard
Clearwater, Florida 33765
Attention: ]. Michael Olliff
(k)
(l)
59100/00987622.DOCv5
18
519
SECTION 11.
This Purchase Agreement is made solely for the benefit of the City and the Underwriters
(including the successors or assigns of the Underwriters), and no other persory partnership,
association or corporation shall acquire or have any right hereunder or by virtue hereof.
SECTION 12.
All the representations, warranties and agreements of the Underwriters and the City in
this Purchase Agreement shall remain operative and in full force and effect and shall survive
delivery of and payment for the Series 2015 Bonds hereunder regardless of any investigation
made by or on behalf of the Underwriters.
SECTION 13.
This Purchase Agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
SECTION 14.
This Purchase Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
agreemenf such counterparts may be delivered by facsimile transmission.
[Signature Page to Follow]
59/00/00987622.DOCv5
19
520
If the foregoing is acceptable to you, please sign below and this Purchase Agreement
will become a binding agteement between the City and the Underwriters.
Very Truly Yours,
WELLS FARGO BANK NATIONAL
ASSOCIATION, on behalf of itself and
CITIGROUP GLOBAL MARKETS INC., ].P.
MORGAN SECURITIES LLC ANd SIEBERT
BRANDFORD SHANK & CO., LLC
Name:
Title:
Accepted and confirmed as of the
date first above written:
CITY OF MIAMI BEACH, FLORIDA
Name: Philip Levine
Title: Mayor
By,
By'
59100100987622.DOCv5
20
521
EXHIBIT A
(Disclosure and Truth-in-Bonding Statement)
c_
CITY OF MIAMI BEACH, FLORIDA
Stormwater Revenue Bonds
Series 2015
20]5
Mayor and City Commission
City of Miami Beactr, Florida
1.700 Convention Center Drive
Miami Beactu Florida 33139
Ladies and Gentlemen:
In connection with the proposed execution and delivery of the $City of
Miami Beach, Florida Stormwater Revenue Bonds, Series 2015 (the "Series 2015 Bonds"), Wells
Fargo Bank, National Association (the "Senior Managing Underwrite{'), acting on behalf of
itself Citigroup Global Markets Inc., J.P. Morgan Securities LLC and Siebert Brandford Shank &
Co., LLC (collectively, with the Senior Managing Underwriter, the "I-Jnderwriters"), has agreed
to underwrite a public offering of the Series 2015 Bonds. Arrangements for underwriting the
Series 2015 Bonds will include a Bond Purchase Agreement between the City of Miami Beactu
Florida (the "City") and the Underwriters which will embody the negotiations in respect thereof
(the "Purchase Agreement").
The purpose of this letter is to furnish, pursuant to the provisions of Section 218.385,
Florida Stafutes, as amended, certain information in respect of the arrangements contemplated
for the undern riting of the Series 2015 Bonds as follows:
(a) The nature and estimated amounts of expenses to be incurred by the
Underwriters in connection with the purchase and reoffering of the Series 2015
Bonds are set forth in schedule A-1 attached hereto.
No person has entered into an understanding with the Underwriters or, to the
knowledge of the Underwriters, with the City for any paid or promised
compensation or valuable consideratiory directly or indirectly, expressly or
implied, to act solely as an intermediary between the City and the Underwriters
or to exercise or attempt to exercise any influence to effect any transaction in
connection with the purchase of the Series 2015 Bonds by the Underwriters.
(b)
s9 I OO I 00987 622.DOCv5Exhibit A- 1
522
The total underwriting spread is $($ /$1,000 of Bonds).
The Management Fee is $_ ($J$1,000 of Bonds).
The Underwriters'Expenses are $($ /$1,000 of Bonds).
No other fee, bonus or other compensation has been or will be paid by the
Underwriters in connection with the issuance of the Series 2015 Bonds to any
person not regularly employed or retained by the Underwriters, except
Underwriters' Counsel, Bryant Miller Olive P.A., as shown on Schedule A-1
hereto, including any "finder" as defined in Section 218.386(1Xa), Florida
Statutes, as amended.
The names and addresses of the Underwriters are:
Wells Fargo Bank, National Association
2363 Gulf-to-Bay Blvd, Suite 200
Clearwater, Florida 33765
Attn: J. Michael Olliff
Citigroup Global Markets Inc.
100 North Tampa Street, Suite 3750
Tampa, Florida 33602
Atbr: Kevin Dempsey
].P. Morgan Securities LLC
1450 Brickell Ave, 33rd Floor
Miami, FL 33131
Attn: T.J. Whitehouse
Siebert Brandford Shank & Co., LLC
1025 Connecticut Avenue NW, Suite 1202
Washingtorr DC 20036
Attn: Jon Kim
(h)TheCityisproposingtoissue$-principalamountoftheSeries2015
Bonds, as described in the Official Statement dated 2015 relating
to the Series 2015 Bonds (the "Official Statement"). These obligations are
expected to be repaid over a period of approximately _ years. At a true interest
cost rate of
-"h,
total interest paid over the life of the Series 2015 Bonds
will be Proceeds of the Series 2015 Bonds will provide funds,
together with other available funds, to (i) pay the costs of certain improvements
to the City's Stormwater Utility, (ii) [fund required reserves, and (iii)] pay costs
of issuance of the Series 2015 Bonds.
se lw I 0oe87522.DoCv5Exhibit A-2
(c)
(d)
(e)
(0
(g)
523
The anticipated source of repayment or security for the Series 2015 Bonds is the
Net Revenues (as defined in the Bond Resolution, which in turn is defined in the
Purchase Agreement). Authorizing these obligations will result in an annual
amountofapproximateIy$-(totaldebtservicedividedby-years)of
the aforementioned funds not being available each year to finance the other
services of the City over a period of approximately _ years, with respect to the
Series 2015 Bonds.
[Remainder of page intentionally left blank]
(i)
se I 00 lme87 5z2.DOCv5Exhibit A-3
524
We understand that you do not require any further disclosure from the Underwriters
pursuant to Section 218.385, Florida Statutes, as amended.
Very Truly Yours,
WELLS FARGO BANK NATIONAL
ASSOCIATION, on behalf of itself and
CITIGROUP GLOBAL MARKETS INC., I.P.
MORGAN SECURITIES LLC and SIEBERT
BRANDFORD SHANK & CO., LLC
Name:
Title:
By,
se 100 I 00e87 622.DoCvSExhibit A-4
525
SCHEDULE'A-1."
DETAILED BREAKDOWN OF UNDERWRITERS' DISCOUNT
CITY OF MIAMI BEACH, FLORIDA
Stormwater Revenue Bonds
Series 2015
Soread Breakdown
-
Underwriterff akedown :
Expenses:
Total
Expense Breakdown
Total
$/$1.000 Amount
$/51.000 Amount
s
59 100 1009s7 622.DOCv5Schedule A-1
526
EXHIBIT B
$_
CITY OF MIAMI BEACH, FLORIDA
Stormwater Revenue Bonds
Series 2015
MATURITIES, PRINCIPAL AMOUNTS,INTEREST RATES, YIELDS AND PRICES
$_ Serial Bonds
Maturity Principal
(September 1) Amount Interest Rate Yield Price
$--Y"TermBondDueSeptemberL,)Yield-%;Price-%
$--"/"TermBondDueSeptember7,iYield-%;Price-%
[Insert Redemption Provisions]
59 I 00 I 00987 522.DOCvS {5910 0 I 00987 622.DOCvS }
Exhibit B-1
527
of
DISCLOSURE DISSEMINATION AGENT AGREEMENT
This Disclosure Dissemination Agent Agreement (the "Disclosure Agreement"), dated as
2015, is executed and delivered by the City of Miami Beach, Florida (the
"Issuer") and Digital Assurance Certification, L.L.C., as exclusive Disclosure Dissemination
Agent (the "Disclosure Dissemination Agent" or "DAC") for the benefit of the Holders
(hereinafter defined) of the Bonds (hereinafter defined) and in order to provide certain
continuing disclosure with respect to the Bonds in accordance with Rule 15c2-12 of the United
States Securities and Exchange Commission under the Securities Exchange Act of 1934, as the
same may be amended from time to time (the "Rule").
The services provided under this Disclosure Agreement solely relate to the execution of
instructions received from the lssuer through use ofthe DAC system and do not constitute
"advice" within the meaning of the Dodd-Frank Wall Street Reform and Consumer Protection
Act (the "Act"). DAC will not provide any advice or recommendation to the Issuer or anyone on
the Issuer's behalf regarding the "issuance of municipal securities" or any "municipal financial
product" as defined in the Act and nothing in this Disclosure Agreement shall be interpreted to
the contrary.
SECTION l. Definitions. Capitalized terms not otherwise defined in this Disclosure
Agreement shall have the meaning assigned in the Rule or, to the extent not in conflict with the
Rule, in the Official Statement (hereinafter defined). The capitalized terms shall have the
following meanings:
"Annual Filing Date" means the date, set in Sections 2(a) and2(D,by which the Annual
Report is to be filed with the MSRB.
"Annual Financial Information" means annual financial information as such term is used
in paragraph (b)(5)(i) of the Rule and specified in Section 3(a) of this Disclosure Agreement.
"Annual Report" means an Annual Report described in and consistent with Section 3 of
this Disclosure Agreement.
"Audited Financial Statements" means the financial statements (if any) of the Issuer for
the prior Fiscal Yeat, certified by an independent auditor as prepared in accordance with
generally accepted accounting principles or otherwise, as such term is used in paragraph (b)(5xi)
of the Rule and specified in Section 3(b) of this Disclosure Agreement.
"Bonds" means the bonds as listed on the attached Exhibit A, with the 9-digit CUSIP
numbers relating thereto.
"Certification" means a written certification of compliance signed by the Disclosure
Representative stating that the Annual Report, Audited Financial Statements, Voluntary Report,
Notice Event notice or Failure to File Event notice delivered to the Disclosure Dissemination
Agent is the Annual Report, Audited Financial Statements, Voluntary Report, Notice Event
notice or Failure to File Event notice required to be submitted to the MSRB under this Disclosure
Agreement. A Certification shall accompany each such document submitted to the Disclosure
4304536/ZMtAMt 528
Dissemination Agent by the Issuer and include the full name of the Bonds and the 9-digit CUSIP
numbers for all Bonds to which the document applies.
"Disclosure Dissemination Agent" means Digital Assurance Certification, L.L.C, acting
in its capacity as Disclosure Dissemination Agent hereunder, or any successor Disclosure
Dissemination Agent designated in writing by the Issuer pursuant to Section t hereof.
"Disclosure Representative" means the Chief Financial Officer of the Issuer or his or her
designee, or such other person as the Issuer shall designate in writing to the Disclosure
Dissemination Agent from time to time as the person responsible for providing Information to
the Disclosure Dissemination Agent.
"Failure to File Event" means the Issuer's failure to file an Annual Report on or before
the Annual Filing Date.
"Force Majeure Event" means: (i) acts of God, war, or terrorist action; (ii) failure or shut-
down of the Electronic Municipal Market Access system maintained by the MSRB; or (iii) to the
extent beyond the Disclosure Dissemination Agent's reasonable control, intemrptions in
telecommunications or utilities services, failure, malfunction or effor of any telecommunications,
computer or other electrical, mechanical or technological application, service or system,
computer virus, intemrptions in Intemet service or telephone service (including due to a virus,
electrical delivery problem or similar occurrence) that affect Intemet users generally, or in the
local area in which the Disclosure Dissemination Agent or the MSRB is located, or acts of any
government, regulatory or any other competent authority the effect of which is to prohibit the
Disclosure Dissemination Agent from perforrnance of its obligations under this Disclosure
Agreement.
"Holder" means any person (a) having the power, directly or indirectly, to vote or consent
with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds
through nominees, depositories or other intermediaries) or (b) treated as the owner of any Bonds
for federal income tax purposes.
o'Information" means the Annual Financial Information, the Audited Financial Statements
(if any), the Notice Event notices, the Failure to File Event notices and the Voluntary Reports.
"MSRB" means the Municipal Securities Rulemaking Board established pursuant to
Section 158(bX1) of the Securities Exchange Act of 1934.
"Notice Event" means any of the events enumerated in paragraph (b)(s)(ixC) of the Rule
and listed in Section 4(a) of this Disclosure Agreement.
"Obligated Person" means any person, including the Issuer, who is either generally or
through an enterprise, fund, or account of such person committed by contract or other
arrangement to support payment of all, or part of the obligations on the Bonds (other than
providers of municipal bond insurance, letters of credit, or other liquidity facilities).
"Offrcial Statement" means that Offrcial Statement prepared by the Issuer in connection
with the Bonds.
4304536/ZMtAMt 529
"Voluntary Report" means the information provided to the Disclosure Dissemination
Agent by the Issuer pursuant to Section 7.
SECTION 2. Provision of Annual Reports.
(a) The Issuer shall provide, annually, an electronic copy of the Annual Report and
Certification to the Disclosure Dissemination Agent, not later than 30 days prior to the Annual
Filing Date. Promptly upon receipt of an electronic copy of the Annual Report and the
Certification, the Disclosure Dissemination Agent shall provide an Annual Report to the MSRB
not later than two hundred torty (240) days after the end of each Fiscal Year, commencing with
the Fiscal Year ended September 30,2015. Such date and each anniversary thereof is the Annual
Filing Date. The Annual Report may be submitted as a single document or as separate documents
comprising a package, and may cross-reference other information as provided in Section 3 of this
Disclosure Agreement.
(b) If on the fifteenth (15th) day prior to the Annual Filing Date, the Disclosure
Dissemination Agent has not received a copy of the Annual Report and Certification, the
Disclosure Dissemination Agent shall contact the Disclosure Representative by telephone and in
writing (which may be by e-mail) to remind the Issuer of its undertaking to provide the Annual
Report pursuant to Section 2(a). Upon such reminder, the Disclosure Representative shall either
(i) provide the Disclosure Dissemination Agent with an electronic copy of the Annual Report and
the Certification no later than two (2) business days prior to the Annual Filing Date, or (ii)
instruct the Disclosure Dissemination Agent in writing that the Issuer will not be able to file the
Annual Report within the time required under this Disclosure Agreement, state the date by which
the Annual Report for such year will be provided and instruct the Disclosure Dissemination
Agent that a Failure to File Event has occurred and to immediately send a notice to the MSRB in
substantially the form attached as Exhibit B.
(c) If the Disclosure Dissemination Agent has not received an Annual Report and
Certification by 12:00 noon on the first business day following the Annual Filing Date for the
Annual Report, a Failure to File Event shall have occurred and the Issuer irrevocably directs the
Disclosure Dissemination Agent to immediately send a notice to the MSRB in substantially the
form attached as Exhibit B, without reference to the anticipated filing date for the Annual
Report.
(d) If Audited Financial Statements of the Issuer are prepared but not available prior
to the Annual Filing Date, the Issuer shall, when the Audited Financial Statements are available,
provide in a timely manner an electronic copy to the Disclosure Dissemination Agent,
accompanied by a Certification, for filing with the MSRB.
(e) The Disclosure Dissemination Agent shall:
(i) verify the filing specifications of the MSRB each year prior to the Annual
Filing Date;
(ii) upon receipt, promptly file each Annual Report received under Sections
2(a) and 2(b) with the MSRB;
4304536/2/MtAMt 530
(iii) upon receipt, promptly file each Audited Financial Statement received
under Section 2(d) with the MSRB;
(iv) upon receipt, promptly file the text of each Notice Event received under
Sections 4(a) and 4(bxii) with the MSRB, identifying the Notice Event as instructed by
the Issuer pursuant to Section 4(a) or 4(b)(ii) (being any of the categories set forth below)
when filing pursuant to the Section of this Disclosure Agreement indicated:
l. "Principal and interest payment delinquencies," pursuant to
Sections 4(c) and a(aXl);
2. 'Non-Payment related defaults, if material," pursuant to Sections
4(c) and a@)Q);
3. "Unscheduled draws on debt service reserves reflecting financial
difficulties," pursuant to Sections 4(c) and a(a)(3);
4. "Unscheduled draws on credit enhancements reflecting financial
difficulties," pursuant to Sections 4(c) and a@)@);
5. "Substitution of credit or liquidity providers, or their failure to
perform," pursuant to Sections 4(c) and a(a)(5);
6. "Adverse tax opinions, the issuance by the Internal Revenue
Service of proposed or final determinations of taxability, Notices of Proposed
Issue (IRS Form 5701-TEB) or other material notices or determinations with
respect to the tax status of the security, or other material events affecting the tax
status of the security," pursuant to Sections 4(c) and a(a)(6);
7 . "Modifications to rights of securities holders, if material," pursuant
to Sections 4(c) and a@)Q);
8. o'Bond calls, if material, and tender offers" pursuant to Sections
4(c) and a(a)(8);
9. "Defeasances," pursuant to Sections 4(c) and a@)Q);
10. "Release, substitution, or sale of property securing repayment of
the securities, if material," pursuant to Sections 4(c) and a(a)(l0);
I l. "Rating changes," pursuant to Sections 4(c) and a(a)(l1);
12. "Bankruptcy, insolvency, receivership or similar event of the
obligated person," pursuant to Sections 4(c) and a@)Q2);
13. "The consummation of a merger, consolidation, or acquisition
involving an obligated person or the sale of all or substantially all of the assets of
the obligated person, other than in the ordinary course of business, the entry into a
4304536/2/MtAMt 531
definitive agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material," pursuant to Sections 4(c) and a(a)(l3); and
14. "Appointment of a successor or additional trustee or the change of
name of a trustee, if material," pursuant to Sections 4(c) and a@)QQ.
(v) upon receipt (or irrevocable direction pursuant to Section 2(c) of this
Disclosure Agreement, as applicable), promptly file a completed copy of Exhibit B to this
Disclosure Agreement with the MSRB, identifuing the filing as "Failure to provide
annual information as required" when filing pursuant to Section 2(bxii) or Section 2(c) of
this Disclosure Agreement;
(vi) upon receipt, promptly file the text of each Voluntary Report received
under Section 7 with the MSRB.
(vii) provide the Issuer evidence of the filings of each of the above when made,
which shall be by means of the DAC system, for so long as DAC is the Disclosure
Dissemination Agent under this Disclosure Agreement.
(0 The Issuer may adjust the Annual Filing Date upon change of its Fiscal Year by
providing written notice of such change and the new Annual Filing Date to the Disclosure
Dissemination Agent and the MSRB, provided that the period between the existing Annual
Filing Date and new Annual Filing Date shall not exceed one year.
(g) Any Information received by the Disclosure Dissemination Agent before 6:00
p.m. Eastern time on any business day that it is required to file with the MSRB pursuant to the
terms of this Disclosure Agreement and that is accompanied by a Certification and all other
information required by the terms of this Disclosure Agreement will be filed by the Disclosure
Dissemination Agent with the MSRB no later than 11:59 p.m. Eastem time on the same business
day; provided, however, the Disclosure Dissemination Agent shall have no liability for any delay
in filing with the MSRB if such delay is caused by a Force Majeure Event, provided that the
Disclosure Dissemination Agent uses reasonable efforts to make any such filing as soon as
possible.
SECTION 3. Content of Annual Reports.
(a) Each Annual Report shall contain the following Annual Financial lnformation
with respect to the Stormwater Utility for the prior Fiscal Year: the information in the Offrcial
Statement under the captions ["THE STORMWATER UTILITY - Rates. Fees and Charqes" and..HISTORICAL AND FORECASTED SCHEDULE OF NET REVENUE, DEBT SERVICE AND
DEBT COVERAGE'"I
(b) Audited Financial Statements prepared in accordance with generally accepted
accounting principles ("GAAP") will be included in the Annual Report, but may be provided in
accordance with Section 2(d).
4304536/2/MtAMt 532
Any or all of the items listed above may be included by specific reference to other
documents, including offrcial statements of debt issues with respect to which the Issuer is an
Obligated Person, which have been previously filed with the Securities and Exchange
Commission or available to the public on the MSRB Intemet Website. If the document
incorporated by reference is a final official statement, it must be available from the MSRB. The
Issuer will clearly identify each such document so incorporated by reference.
Any Annual Financial Information containing modified operating data or financial
information is required to explain, in narrative form, the reasons for the modification and the
impact of the change in the type of operating data or financial information being provided.
SECTION 4. Reporting of Notice Events.
(a) The occurrence of any of the following events with respect to the Bonds
constitutes a Notice Event:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults, if material;
3. Unscheduled draws on debt service reserves reflecting financial
difficulties;
4. Unscheduled draws on credit enhancements relating to the Bonds
refl ecting financial diffi culties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
5701-TEB) or other material notices or determinations with respect to the tax status of the
security, or other material events affecting the tax status of the Bonds;
7. Modifications to rights of Bond holders, if material;
8. Bond calls, if material, and tender offers;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Bonds,
if material;
I l. Rating changes on the Bonds;
12. Bankruptcy, insolvency, receivership or similar event of the Obligated
Person;
Note: for the purposes of the event identified in this subsection a@)(12), the event is considered to
occur when any of the following occur: the appointment of a receiver, fiscal agent or similar fficer for an
4304536/ZMlAMt 533
Obligated Person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state
orfederal lan inwhich a court or governmental authority has assumedjurisdiction over substantially all of
the assets or business of the Obligated Person, or if such jurisdiction has been assumed by leaving the
existing governmental body and fficials or fficers in possession but subject to the supervision and orders
of a court or governmentol authority, or the entry of qn order confirming a plan of reorganization,
alrangement or liquidation by a court or governmental authority having supervision or jurisdiction over
substantially all of the assets or business of the Obligated Person.
13. The consummation of a merger, consolidation, or acquisition involving an
Obligated Person or the sale of all or substantially all of the assets of the Obligated
Person, other than in the ordinary course of business, the entry into a definitive agreement
to undertake such an action or the termination of a definitive agreement relating to any
such actions, other than pursuant to its terms, if material; and
14. Appointment of a successor or additional trustee or the change of name of
a trustee, if material.
The Issuer shall, in a timely manner not in excess of ten (10) business days after its occurrence,
notifr the Disclosure Dissemination Agent in writing of the occurrence of a Notice Event. Such
notice shall instruct the Disclosure Dissemination Agent to report the occurrence pursuant to
subsection (c) and shall be accompanied by a Certification. Such notice or Certification shall
identiff the Notice Event that has occurred (which shall be any of the categories set forth in
Section 2(e)(iv) of this Disclosure Agreement), include the text of the disclosure that the Issuer
desires to make, contain the written authorization of the Issuer for the Disclosure Dissemination
Agent to disseminate such information, and identifiz the date the Issuer desires for the Disclosure
Dissemination Agent to disseminate the information (provided that such date is not later than the
tenth (1Oth) business day after the occurrence of the Notice Event).
(b) The Disclosure Dissemination Agent is under no obligation to notifu the Issuer or
the Disclosure Representative of an event that may constitute a Notice Event. In the event the
Disclosure Dissemination Agent so notifies the Disclosure Representative, the Disclosure
Representative will within two business days of receipt of such notice (but in any event not later
than the tenth (l0th) business day after the occurrence of the Notice Event, if the Issuer
determines that a Notice Event has occurred), instruct the Disclosure Dissemination Agent that
(i) a Notice Event has not occurred and no filing is to be made or (ii) a Notice Event has occurred
and the Disclosure Dissemination Agent is to report the occurrence pursuant to Section 4(c),
together with a Certification. Such notice or Certification shall identify the Notice Event that has
occurred (which shall be any of the categories set forth in Section 2(e)(iv) of this Disclosure
Agreement), include the text of the disclosure that the Issuer desires to make, contain the written
authorization of the Issuer for the Disclosure Dissemination Agent to disseminate such
information, and identiff the date the Issuer desires for the Disclosure Dissemination Agent to
disseminate the information (provided that such date is not later than the tenth (l0th) business
day after the occurrence of the Notice Event).
(c) If the Disclosure Dissemination Agent has been instructed by the Issuer as
prescribed in subsection (a) or (bXiD of this Section 4 to report the occurrence of a Notice Event,
the Disclosure Dissemination Agent shall promptly file a notice of such occurrence with the
MSRB in accordance with Section 2(e)(iv) hereof.
4304536/ZMtAMt 534
SECTION 5. CUSIP Numbers. Whenever providing information to the Disclosure
Dissemination Agent, including but not limited to Annual Reports, documents incorporated by
reference to the Annual Reports, Audited Financial Statements, notices of Notice Events, Failure
to File Events and Voluntary Reports filed pursuant to Section 7(a), the Issuer shall indicate the
full name of the Bonds and the 9-digit CUSP numbers for the Bonds as to which the provided
information relates.
SECTION 6. Additional Disclosure Obligations. The Issuer acknowledges and
understands that other state and federal laws, including but not limited to the Securities Act of
1933 and Rule l0b-5 promulgated under the Securities Exchange Act of 1934, may apply to the
Issuer, and that the failure of the Disclosure Dissemination Agent to so advise the Issuer shall not
constitute a breach by the Disclosure Dissemination Agent of any of its duties and
responsibilities under this Disclosure Agreement. The Issuer acknowledges and understands that
the duties of the Disclosure Dissemination Agent relate exclusively to execution of the
mechanical tasks of disseminating information as described in this Disclosure Agreement.
SECTION 7. Voluntary Reports.
(a) The Issuer may instruct the Disclosure Dissemination Agent to file information
with the MSRB, from time to time pursuant to a Certification of the Disclosure Representative
accompanying such information (a "Voluntary Report").
(b) Nothing in this Disclosure Agreement shall be deemed to prevent the Issuer from
disseminating any other information through the Disclosure Dissemination Agent using the
means of dissemination set forth in this Disclosure Agreement or including any other
information in any Annual Report, Audited Financial Statements, Voluntary Report, Notice
Event notice or Failure to File Event notice, in addition to that required by this Disclosure
Agreement. If the Issuer chooses to include any information in any Annual Report, Audited
Financial Statements, Voluntary Report, Notice Event notice, or Failure to File Event notice in
addition to that which is specifically required by this Disclosure Agreement, the Issuer shall have
no obligation under this Disclosure Agreement to update such information or include it in any
future Annual Report, Audited Financial Statements, Voluntary Report, Notice Event notice or
Failure to File Event notice.
SECTION 8. Termination of Reporting Oblieation. The obligations of the Issuer and
the Disclosure Dissemination Agent under this Disclosure Agreement shall terminate with
respect to the Bonds upon the legal defeasance, prior redemption or payment in full of all of the
Bonds, when the Issuer is no longer an Obligated Person with respect to the Bonds, or upon
delivery by the Disclosure Representative to the Disclosure Dissemination Agent of an opinion
of nationally recognized bond counsel to the effect that continuing disclosure is no longer
required.
SECTION 9. Disclosure Dissemination Agent. The Issuer has appointed Digital
Assurance Certification, L.L.C. as exclusive Disclosure Dissemination Agent under this
Disclosure Agreement. The Issuer may, upon thirty days written notice to the Disclosure
Dissemination Agent, replace or appoint a successor Disclosure Dissemination Agent. Upon
termination of DAC's services as Disclosure Dissemination Agent, whether by notice of the
4304536/ZMtAMr 535
Issuer or DAC, the Issuer agrees to appoint a successor Disclosure Dissemination Agent or,
alternately, agrees to assume all responsibilities of Disclosure Dissemination Agent under this
Disclosure Agreement for the benefit of the Holders of the Bonds. Notwithstanding any
replacement or appointment of a successor, the Issuer shall remain liable until payment in full for
any and all sums owed and payable to the Disclosure Dissemination Agent. The Disclosure
Dissemination Agent may resign at any time by providing thirty days' prior written notice to the
lssuer.
SECTION 10. Remedies in Event of Default. In the event of a failure of the Issuer or
the Disclosure Dissemination Agent to comply with any provision of this Disclosure Agreement,
the Holders' rights to enforce the provisions of this Disclosure Agreement shall be limited solely
to a right, by action in mandamus or for specific performance, to compel performance of the
parties' obligation under this Disclosure Agreement. Any failure by a party to perform in
accordance with this Disclosure Agreement shall not constitute a default on the Bonds or under
any other document relating to the Bonds, including the Bond Resolution, and all rights and
remedies shall be limited to those expressly stated herein.
SECTION I l. Duties. Immunities and Liabilities of Disclosure Dissemination Aeent.
(a) The Disclosure Dissemination Agent shall have only such duties as are
specifically set forth in this Disclosure Agreement. The Disclosure Dissemination Agent's
obligation to deliver the information at the times and with the contents described herein shall be
limited to the extent the lssuer has provided such information to the Disclosure Dissemination
Agent as required by this Disclosure Agreement. The Disclosure Dissemination Agent shall
have no duty with respect to the content of any disclosures or notice made pursuant to the terms
hereof. The Disclosure Dissemination Agent shall have no duty or obligation to review or verify
any Information or any other information, disclosures or notices provided to it by the Issuer and
shall not be deemed to be acting in any fiduciary capacity for the Issuer, the Holders of the
Bonds or any other party. The Disclosure Dissemination Agent shall have no responsibility for
the Issuer's failure to report to the Disclosure Dissemination Agent a Notice Event or a duty to
determine the materiality thereof. The Disclosure Dissemination Agent shall have no duty to
determine, or liability for failing to determine, whether the Issuer has complied with this
Disclosure Agreement. The Disclosure Dissemination Agent may conclusively rely upon
certifications of the Issuer at all times.
The obligations of the Issuer under this Section shall survive resignation or removal of
the Disclosure Dissemination Agent and defeasance, redemption or payment of the Bonds.
(b) The Disclosure Dissemination Agent may, from time to time, consult with legal
counsel (either in-house or external) of its own choosing in the event of any disagreement or
controversy, or question or doubt as to the construction of any of the provisions hereof or its
respective duties hereunder, and shall not incur any liability and shall be fully protected in acting
in good faith upon the advice of such legal counsel. The reasonable fees and expenses of such
counsel shall be payable by the Issuer.
4304536/2yMtAMt 536
(c) All documents, reports, notices, statements, information and other materials
provided to the MSRB under this Disclosure Agreement shall be provided in an electronic format
and accompanied by identiSing information as prescribed by the MSRB.
SECTION 12. Amendment: Waiver. Notwithstanding any other provision of this
Disclosure Agreement, the Issuer and the Disclosure Dissemination Agent may amend this
Disclosure Agreement and any provision of this Disclosure Agreement may be waived, if such
amendment or waiver is supported by an opinion of counsel expert in federal securities laws
acceptable to both the Issuer and the Disclosure Dissemination Agent to the effect that such
amendment or waiver does not materially impair the interests of Holders of the Bonds and would
not, in and of itself, cause the undertakings herein to violate the Rule if such amendment or
waiver had been effective on the date hereof but taking into account any subsequent change in or
offrcial interpretation of the Rule; provided neither the Issuer or the Disclosure Dissemination
Agent shall be obligated to agree to any amendment modifuing their respective duties or
obligations without their consent thereto.
Notwithstanding the preceding paragraph, the Disclosure Dissemination Agent shall have
the right to adopt amendments to this Disclosure Agreement necessary to comply with
modifications to and interpretations of the provisions of the Rule as announced by the Securities
and Exchange Commission from time to time by giving not less than 20 days written notice of
the intent to do so together with a copy of the proposed amendment to the Issuer. No such
amendment shall become effective if the Issuer shall, within 10 days following the giving of such
notice, send a notice to the Disclosure Dissemination Agent in writing that it objects to such
amendment.
SECTION 13. Sources of Payments: No Personal Liability. Not'withstanding anything to
the contrary contained in this Disclosure Agreement, the lssuer shall be required to use only
Revenues to pay any costs and expenses to be incurred in the performance of this Disclosure
Agreement by it, and the performance of its obligations hereunder shall be subject to the availability
of Revenues for that purpose; provided, that any such costs and expenses shall constitute Current
Expenses under the Bond Resolution. This Disclosure Agreement does not and shall not constitute
a general obligation of the Issuer. No covenant, stipulation, obligation or agreement of the lssuer
contained in this Disclosure Agreement shall be deemed to be a covenant, stipulation, obligation or
agreement of any present or future officer, agent or employee of the Issuer in other than that
person's official capacity.
SECTION 14. Beneficiaries. This Disclosure Agreement shall inure solely to the
benefit of the Issuer, the Disclosure Dissemination Agent, the Underwriter, and the Holders from
time to time of the Bonds, and shall create no rights in any other person or entity.
SECTION 15. Govemins Law. This Disclosure Agreement shall be governed by the
laws of the State of Florida.
SECTION 16. Counterparts. This Disclosure Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the
same instrument.
4304536/ZMtAMt
10
537
The Disclosure Dissemination Agent and the Issuer have caused this Disclosure
Agreement to be executed, on the date first written above, by their respective officers duly
authorized.
DIGITAL ASSURANCE CERTIFICATION,
L.L.C., as Disclosure Dissemination Agent
Name:
Title:
CITY OF MIAMI BEACH, FLORIDA,
as Issuer
Patricia D. Walker
Chief Financial Officer
By:
By:
1t
4304536/ZMtAMt 538
EXHIBIT A
NAME AND CUSIP NUMBERS OF BONDS
Name of Issuer: City of Miami Beach, Florida
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: Stormwater Revenue Bonds, Series 2015
Date of Issuance:
Date of Official Statement:
CUSIP Numbers:
,2015
,2015
A-1
4s04536/ZMtAMt 539
EXHIBIT B
NOTICE TO MSRB OF FAILURE TO FILE ANNUAL REPORT
City of Miami Beach, Florida
NOTICE IS HEREBY GIVEN that the Issuer has not provided an Annual Report with
respect to the above-named Bonds as required by the Disclosure Dissemination Agent
Agreement, dated as of , 2015, between the Issuer and Digital Assurance
Certification, L.L.C., as Disclosure Dissemination Agent. The Issuer has notified the Disclosure
Dissemination Agent that it anticipates that the Annual Report will be filed by
Dated:
Digital Assurance Certification, L.L.C., as
Disclosure Dissemination Agent, on behalf
of the Issuer
cc: City of Miami Beach, Florida
Issuer:
Obligated Person: City of Miami Beach, Florida
Name of Bond Issue: Stormwater Revenue Bonds, Series 2015
Date of Issuance:20t5
B-l
4304535/2/MtAMt 540
AGENDA DRAFT - O4l08/15
PRELINIINARY OFFICIAL STATENIENT DATED -,2015
NEW ISSUE - Book-Entry-Only Ratings: Moody's: "_"
S&P: "
(See "RATNGS" herein)
In the opinion of Squire Patton Boggs (US) LLP, Bond Counsel, under existing law (i) assuming
continuing compliance with certain covenants and the accuracy of certain representations, interest on the
Series 2015 Bonds is exchtdedfrom gross incomeforfederal income tax purposes and is not an item of
tax preferencefor purposes of thefederal alternative minimum tax imposed on individuals and corporations
and (ii) the Series 2015 Bonds and the income thereon are exemptfrom taxation under the laws of the State
of Florida, except estate taxes imposed by Chapter 198, Florida Statutes, as amended, and net income and
franchise taxes imposed by Chapter 220, Florida Statutes, as amended. Interest on the Series 2015 Bonds
may be xbject to certain federal taxes imposed only on certain corporations, including the corporate
alternative minimum tax on a portion of that interest. For a more complete discttssion of the tax aspects
relating to the Series 2015 Bonds, see the discussion under the heading "TAX MATTERS" herein.
r.- .i,r
--.-$90,000,000*
CITY OF MIAMI BEACH, FLORIDA
STORMWATER REVENUE BONDS
SERIES 2015
i,]li"'3lil*": 1-r-:-":-:I1 i----::-:Ti-:i::.. :.:1. t:- t!:t.-- ::i..""i I {
Dated: Date of Delivery Due: September 1, as shown on inside cover page
The City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2015 (the "Series 2015
Bonds") will be issued by the City of Miami Beach, Florida (the "City") as fully registered bonds, without
coupons, in denominations of $5,000 or any whole multiple thereof. When issued, the Series 2015 Bonds
will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), which will act as securities depository for the Series 2015 Bonds. Purchasers will not
receive certificates representing their ownership interests in the Series 2015 Bonds purchased. See
"DESCRIPTION OF THE SERIES 2015 BONDS - Book-Entry Only System" herein. Interest on the
Series 2015 Bonds will accrue from their date of delivery and will be payable on September 1, 2015 and
semiannually on each March 1 and September I thereafter. U.S. Bank National Association, Miami,
Florida, will serve as the initial bond registrar and paying agent (collectively, the "Bond Registrar") for the
Series 2015 Bonds. While the Series 2015 Bonds are registered through the DTC book-entry only system,
principal of and interest on the Series 2015 Bonds will be payable by the Bond Registrar to DTC.
The Series 2015 Bonds are being issued for the purpose of providing funds to (i) finance a portion
of the costs of improving and upgrading the City's Stormwater Utility, and (ii) pay the costs of issuing the
Series 2015 Bonds. See "PIIRPOSE OF THE ISSUE" herein.
The Series 2015 Bonds are payable from and secured by a first lien on and a pledge of the Net
Revenues derived from the City's ownership and operation of the Stormwater Utility and certain other
moneys held under the Resolution (as such terms are defined herein). Such first lien on and pledge of Net
Revenues and certain other moneys held under the Resolution, as described herein (the "Pledged
Revenues"), shall be on a parity with the first lien on and pledge of the Pledged Revenues (i) granted in
favor of the City of Miami Beach, Florida Stormwater Revenue Refunding Bonds, Taxable Series 2009J-2,
the City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2011A and the City of Miami Beach,
Florida Stormwater Revenue Refunding Bonds, Series 20118, and (ii) that may be granted by the City in
541
favor of Additional Bonds, Refunding Bonds, Alternative Parity Debt and parity Short-Term Indebtedness;
provided, however, that no deposit to the Reserve Account shall be made in connection rvith the
issuance of the Series 2015 Bonds and the Series 2015 Bonds shall not be secured by, or entitled to
any benefit from, amounts held in the Reserve Account for the benefit of other Bonds issued and
Outstanding under the Bond Resolution (as such terms are defined herein). See "SECURITY AND
SOURCES OF PAYMENT" herein.
The Series 2015 Bonds are subject to optional and mandatory sinking fund redemption prior to
maturity as described herein.
THE CITY IS OBLIGATED TO PAY THE PRINCIPAL OF AND INTEREST ON THE SERIES
2015 BONDS SOLELYFROMTHEPLEDGEDREVENUES. THE SERIES 2OI5 BONDS SHALLNOT
CONSTITUTE AN INDEBTEDNESS OF THE CITY, MIAMI-DADE COLTNTY, FLORIDA, THE
STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF WITHIN THE MEANING OF
ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION AND THE FAITH AND
CREDIT OF THE CITY, MIAMI.DADE COLINTY, FLORIDA, THE STATE OF FLORIDA OR ANY
POLITICAL SUBDIVISION THEREOF IS NOT PLEDGED TO THE PAYMENT OF THE PRINCIPAL
OF OR INTEREST ON THE SERIES 2OI5 BONDS. ISSUANCE OF THE SERIES 2OI5 BONDS
SHAIL NOT DIRECTLY, INDIRECTLY OR CONTINGENTLY OBLIGATE THE CITY, MIAMI-DADE
COLINTY, FLORIDA, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF
TO LEVY OR TO PLEDGE ANY TAXES WHATEVER THEREFOR, OR TO MAKE ANY
APPROPRIATION FOR THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES
2015 BONDS, EXCEPT AS PROVIDED IN THE RESOLUTION.
This cover page contains certain information for quick reference only. It is not a summary
of this issue. Investors must read the entire Official Statement to obtain information essential to the
making of an informed investment decision.
The Series 2015 Bonds are offeredwhen, as and if isrued by the City, subject to the opinion on
certain legal matters relating to their issuance of Squire Patton Boggs (US) LLP, Miami, Florida, Bond
Counsel. Certain legal matters will be passed upon for the City by Raul J. Aguila, Esquire, City Attorney,
and certain legal matters relating to disclosure will be passed upon for the City by the Law Offices of Steve
E. Bullock, P.A., Miami, Florida, Disclosure Counsel. Certain legal matters will be passed upon for the
Undenvriters by Bryant Miller Olive P.A., Miami, Florida, as Counsel to the (Jnderutiters. kBC Capital
Markets, LLC, Miami, Florida, is sertting as Financial Advisor to the City in connection with the issuance
of the Series 2015 Bonds. It is expected that the Seies 2015 Bonds will be available for delivery through
DTC in New York, New York on or about , 2015.
Wells Fargo Securities
Citigroup J.P. Morgan Siebert Brandford Shank & Co., LLC
Dated:20t5
* Preliminary, subject to change
542
Red herring: This Prelirninary Official Statentent and the information contained herein are subject to
amendment and completion tvithout notice. The Series 2015 Bonds mq!- not be sold and offers to buy may
not be accepted prior to the tinte the Official Statement is delivered in final form. IJnder no circurnstances
shall this Preliminary Official Statement constitute on ofer to sell or the solicitation of an o.ffer to buy, nor
shall there be any sale oJ-the Series 201 5 Bonds in any jurisdiction in yvhich such offer, solicitation or sale
wotild be unluwful prior to registration or qualification wtder the securities la**s of any such jurisdiction.
543
MATURITIES, PRINCIPAL AMOUNTS, INTEREST RATES,
PRICES, YIELDS AND INITIAL CUSIP NUMBERS*t
$ Series 2015 Serial Bonds
Due
GSplemUer U
2016
2017
2018
2019
2020
202t
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
204s
Principal
Amount
$
Interest
Rate
%
Initial
CUSIP Number
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
s9324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
59324-
s9324-
59324-
59324
Price Yield
%
544
$_ _% Term Series 201 5 Bonds Due Septemb er l, 20-- Price: _ I Yield: _o/o
Initial CUSIP Number: 59324
* Preliminary, subject to change.
t Neither the City nor the Underwriters is responsible for the use of CUSIP Numbers, nor is a representation made
as to their correctness. The CUSP Numbers are included solely for the convenience of the readers of this
Official Statement.
545
CITY OF MIAMI BEACH, FLORIDA
MAYOR
Philip Levine
CITY COMMISSION
Jonah Wolfs on, Vice-May or
Michael Grieco, Commissioner
Joy Malakoff, Commissioner
Micky Steinberg, Commissioner
Edward L. Tobin, Commissioner
Deede Weithorn, Commissioner
ADMINISTRATION
City Manager
Jimmy L. Morales, Esquire
Chief Financial Ofticer
Patricia D. Walker, C.P.A., C.G.M.A.
City Attorney
RaulJ. Aguila, Esquire
City Clerk
Rafael E. Cranado, Esquire
Bond Counsel
Squire Patton Boggs (US) LLP
Miami, Florida
Disclosure Counsel
Law Offices of Steve E. Bullock, P.A.
Miami, Florida
Assistunt City Manager
John M. Taxis
Public lVorks Director
Eric T. Carpenter, P.E.
CONSULTANTS
Independent Auditors
Crowe Horwath LLP
Fort Lauderdale, Florida
Financial Advisor
RBC Capital Markets, LLC
Miami, Florida
Consulting Engineers
AECOM
Coral Gables, Florida
546
No dealer, broker, salesman or other person has been authorized by the City or the Underwriters
to make any representations, other than those contained in this Official Statement, in connection with the
offering contained herein, and if given or made, such other information or representations must not be
relied upon as having been authorizedby any of the foregoing. This Official Statement does not constitute
an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Series 2015 Bonds
by any person in any jurisdiction in which it is unlawful for such person to make such offer, solicitation
or sale. The information contained in this Official Statement has been obtained from public documents,
records and other sources considered to be reliable and, while not guaranteed as to completeness or
accuracy, is believed to be correct. Any statement in this Official Statement involving estimates,
assumptions and opinions, whether or not so expressly stated, are intended as such and are not to be
construed as representations of fact, and the Underwriters and the City expressly make no representation
that such estimates, assumptions and opinions will be realized or fulfilled. Any information, estimates,
assumptions and matters of opinion contained in this Official Statement are subject to change without
notice, and neither the delivery of this Official Statement, nor any sale hereunder, shall, under any
circumstances, create any implication that there has been no change in the affairs of the City since the date
hereof.
The Underwriters have provided the following sentence for inclusion in this Official Statement.
The Underwriters have reviewed the information in this Official Statement in accordance with, and as part
of, their responsibilities to investors under the federal securities laws as applied to the facts and
circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of
such information.
The order and placement of materials in this Official Statement, including the Appendices, are not
to be deemed a determination of relevance, materiality or importance, and this Official Statement, including
the Appendices, must be considered in its entirety. The captions and headings in this Official Statement
are for convenience only and in no way define, limit or describe the scope or intent, or affect the meaning
or construction, of anyprovisions or sections in this Official Statement. The offering of the Series 2015
Bonds is made only by means of this entire Official Statement.
Certain statements included or incorporated by reference in this Official Statement constitute
"forward-looking statements." Such statements generally are identifiable by the terminology used, such
as "plan," "expect," "estimate," "project," "forecast," "budget" or other similar words. The achievement
of certain results or other expectations contained in such forward-looking statements involve known and
unknown risks, uncertainties and other factors that may cause actual results, performance or achievements
described to be materially different from any future results, performance or achievements expressed or
implied by such forward-looking statements. The City does not plan to issue any updates or revisions to
those forward-looking statements if or when its expectations or events, conditions or circumstances on
which such statements are based occur.
THE SERIES 2015 BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT
OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAW, NORHAS THE BOND RESOLUTION
BEEN QUALIFIED UNDERTHE TRUST INDENTURE ACT OF 1939, AS AMENDED,IN RELIANCE
UPON EXEMPTIONS CONTAINED IN SUCH ACTS. THE EXEMPTION OF THE SERIES 2OI5
BONDS FROM REGISTRATION OR QUALIFICATION IN CERTAIN STATES CANNOT BE
REGARDED AS A RECOMMENDATION THEREOF. IN MAKING AN INVESTMENT DECISION,
INVESTORS MUST RELY ON THEIR OWN EXAMINATION OF THE CITY AND THE TERMS OF
THIS OFFERING,INCLUDING THE MERITS AND RISKS INVOLVED. NEITHER THE SECURITIES
AND EXCHANGE COMMISSION NOR ANY OTHER FEDERAL, STATE OR GOVERNMENTAL
ENTITY OR CITY WILL HAVE PASSED UPON THE ACCURACY OR ADEQUACY OF THIS
547
OFFICIAL STATEMENT OR APPROVED OR RECOMMENDED THE SERIES 2015 BONDS FOR
SALE. ANY REPRESENTATION TO THE CONTRARY MAY BE A CRIMINAL OFFENSE.
IN CONNECTION WITH THIS OFFERING, THE LTNDERWRITERS MAY OVERALLOT OR
EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF THE
SERIES 2OI5 BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE
OPEN MARKET, AND SUCH STABILZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY
TIME. THE TINDERWRITERS MAY OFFER AND SELL THE SERIES 2015 BONDS TO CERTAIN
DEALERS AND OTHERS AT PRICES LOWER THAN THE PUBLIC OFFERING PRICES STATED
ON THE INSIDE COVERPAGE OF THIS OFFICIAL STATEMENT, AND SUCH PUBLIC OFFERING
PRICES MAY BE CHANGED FROM TIME TO TIME BY THE UNDERWRITERS.
THIS OFFICIAL STATEMENT SHALL NOT CONSTITUTE A CONTRACT BETWEEN THE
CITY OR THE UNDERWRITERS AND ANY ONE OR MORE HOLDERS OF THE SERIES 2OI5
BONDS.
THIS OFFICIAL STATEMENT IS BEING PROVIDED TO PROSPECTIVE PIIRCHASERS
EITHER IN BOUND PRINTED FORM ("ORIGINAL BOUND FORMAT'') OR IN ELECTRONIC
FORMAT ON THE WEBSITE: WWW.MUNIOS.COM. THIS OFFICIAL STATEMENT MAY BE
RELIED UPON ONLY IF IT IS IN ITS ORIGINAL BOLIND FORMAT OR IF IT IS PRINTED IN FULL
DIRECTLY FROM SUCH WEBSITE.
THIS PRELIMINARY OFFICIAL STATEMENT IS IN A FORM DEEMED FINAL BY THE
CITY FOR PURPOSES OF RULE l5c2-12 UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS
AMENDED, EXCEPT FOR CERTAIN FINANCIAL INFORMATION PERMITTED TO BE OMITTED
PURSUANT TO RULE l5c2-12(bXl).
548
TABLE OF CONTENTS
Page
INTRODUCTION. I
PURPOSE OF THE ISSUE. 2
General.
Series 2015 Project..
ESTIMATED SOURCES AND USES OF FUNDS.
DESCRIPTION OF THE SERIES 2OI5 BONDS.
General.
Redemption Provisions..
Book-Entry-Only System
Discontinuance of Book-Entry Only System.
SECURITY AND SOURCES OF PAYMENT.
General.
FlowofFunds. ...
Reserve Account.
RateCovenant.....
Additional Bonds.
Refunding Bonds.
Limited Liability..
Other Parity Indebtedness
Subordinated Indebtedness
Modifications or Supplements to Bond Resolution.
THE STORMWATER UTILITY.
General.
Public Works Department.
Existing Stormwater Utility.
Capital Improvement Program.
Govemment Regulations.
Rates, Fees and Charges
Billing andCollection. . . . .
DEBT SERVICE SCHEDULE
HISTORICAL AND FORECASTED SCHEDULE OF NET REVENUES. .
FINDINGS AND CONCLUSIONS OF CONSULTING ENGINEERS.. . . .
LITIGATION.....
LEGAL MATTERS.
ENFORCEABILITY OF REMEDIES.. .
TAX MATTERS. .
General.
Risk of Future Legislative Changes and/or Court Decisions. . .
Original Issue Discount and Original Issue Premium.. . . .
CONTINUING DISCLOSURE. .
RATINGS.
UNDERWRITING..
EXPERTS.
FINANCIAL STATEMENTS. . . .
FINANCIAL ADVISOR.
CONTINGENT FEES.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY LAWS
2
2
J
J
3
4
5
l
8
8
9
10ll
t2
t4
t4
t4
l5
l5
T6
l6
t7
t9
20
24
27
28
30
31
JJ
34
34
35
35
35
37
37
38
39
39
40
40
40
4t
4t
lll
549
AUTHORZATIONCONCERNINGOFFICIALSTATEMENT.... ... 41
MISCELLANEOUS.. ....41
APPENDX A - General lnformation and Economic Data Regarding the City of Miami Beach,
Florida and Miami-Dade County, Florida
APPENDIX B - City of Miami Beach, Florida Engineer's Report for the Stormwater Revenue
Bonds, Series 2015
APPENDIX C - Basic Financial Statements of the City of Miami Beach, Florida for the Fiscal Year
Ended September 30, 2014
APPENDIX D - The Resolution
APPENDIX E - Proposed Form of Opinion of Bond Counsel
APPENDX F - Proposed Form of Opinion of Disclosure Counsel
APPENDX G - Form of Disclosure Dissemination Agent Agreement
1V
550
OFFICIAL STATEMENT
reloting to
$90,000,000*
CITY OF MIAMI BEACH, FLORIDA
STORMWATER REVENUE BONDS
SERIES 2015
INTRODUCTION
The purpose of this Official Statement, including the cover page and all appendices, is to set forth
certain information relating to the City of Miami Beach, Florida (the "City''), its stormwater management
utility system, which is owned and operated by the City (the "stormwater Utility") and the sale by the City
of its $90,000,000x aggregate principal amount of Stormwater Revenue Bonds, Series 2015 (the "series
2015 Bonds"). The Series 2015 Bonds are being issued pursuant to the Constitution and Laws of the State
of Florida, including Chapter 166 and Section 403.0893(l), Florida Statutes, and the City of Miami Beach
Charter (collectively, the "Act") and other applicable provisions of law and pursuant and subject to the
terms and conditions of Resolution No. 2000-24127 adopted by the Mayor and City Commission of the
City (collectively, the "City Commission") on October 18, 2000 (the "Bond Resolution"), and Resolution
No. 2015-_ adopted by the City Commission on April _, 2015 (the "Series 2015 Resolution" and,
collectively with the Bond Resolution, the "Resolution"). For a complete description of the terms and
conditions of the Series 2015 Bonds, and the provisions of the Resolution, see "APPENDIX D - The
Resolution."
The Series 2015 Bonds will be issued in book-entry only form and purchasers of the Series 2015
Bonds will not receive certificates representing their interest in the Series 2015 Bonds purchased. The
Series 2015 Bonds will contain such other terms and provisions, including provisions regarding redemption,
as described in "DESCRIPTION OF THE SERIES 2015 BONDS" herein.
The City has previously issued pursuant to the Bond Resolution its (i) $16,185,000 original
principal amount of City of Miami Beach, Florida Stormwater Revenue Refunding Bonds, Taxable Series
2009J-2 (the "Series 2009 Bonds"), $11,885,000 of which are currently Outstanding; (ii) $52,130,000
original principal amount of City of Miami Beach, Florida Stormwater Revenue Bonds, Series 2011A (the
"Series 2011A Bonds"), all of which are currently Outstanding; and (iii) $26,575,000 original principal
amount of City of Miami Beach, Florida Stormwater Revenue Refunding Bonds, Series 2011B (the "series
20118 Bonds" and, together with the Series 2011A Bonds, the "Series 20ll Bonds"),526,240,000 of
which are currently Outstanding. The Series 2009 Bonds and the Series 2011 Bonds are collectively
referred to as the "Outstanding Bonds." The Series 2015 Bonds, the Outstanding Bonds and any Additional
Bonds and Refunding Bonds hereafter issued are collectively referred to as the "Bonds."
The principal of and interest on the Series 2015 Bonds will be secured by a first lien on and pledge
of the Pledged Revenues as described herein, on a parity with the Outstanding Bonds and any other Bonds,
Alternative Parity Debt or parity Short-Term Indebtedness that may be issued from time to time under the
Bond Resolution; provided, however, that no deposit to the Reserve Account shall be made in
connection with the issuance ofthe Series 2015 Bonds and the Series 2015 Bonds shall not be secured
by, or entitled to any benefit from, amounts held in the Reserve Account for the benefit of the Series
* Preliminary, subject to change.
551
2011 Bonds or any other Bonds that may be issued under the Bond Resolution. See "SECURITY
AND SOURCES OF PAYMENT - General and - Reserve Account" herein.
This introduction is intended to serve as a brief description of this Official Statement and is
expressly qualified by reference to this Official Statement as a whole. A full review should be made of
this entire Official Statement, as well as the documents and reports summarized or described herein. The
description of the Series 2015 Bonds, the documents authorizing and securing the same, including, without
limitation, the Resolution, and the information from various reports contained herein are not comprehensive
or definitive. All references herein to such documents and reports are qualified by the entire, actual content
of such documents and reports. Copies of such documents and reports may be obtained from the City.
Capitalized terms used but not defined in this Official Statement shall have the meanings ascribed to such
terms in the Resolution. See "APPENDIX D - The Resolution."
PURPOSE OF THE ISSUE
General
The Series 2015 Bonds are being issued by the City for the purpose of providing funds to (i)
finance aportion of the costs of certain capital improvements currentlycontemplated aspart of the City's
five-year program to improve and enhance the effectiveness of the Stormwater Utility (the "Series 2015
Project"), and (ii) pay the costs of issuance of the Series 2015 Bonds.
Series 2015 Project
The improvements to the Stormwater Utility expected to be made with a portion of the proceeds
of the Series 2015 Bonds are part of the additions and upgrades recommended in the master plans for the
Stormwater Utility. The master plans were prepared by engineering consultants retained for such purpose
by the City. See "THE STORMWATER UTILITY - Capital Improvement Program" herein. The
improvements comprising the Series 2015 Project include the following:
(i) Repair, replacement and/or installation of curbs and gutters;
(ii) Reconstruction and/or raising of streets and sidewalks;
(iii) Repair, replacement and/or installation of collection systems (including, but not limited to,
catch basins, manholes and storage facilities);
(iv) Construction of pumping stations and water quality treatment devices;
(v) Repair and/or upgrade of existing outfalls (including, but not limited to, tidal backflow
prevention devices); and
(ri) Any additional improvements to the Stormwater Utility the City Commission may approve
by resolution as part of the Series 2015 Project in addition to and/or in lieu of one or more
of the foregoing improvements.
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ESTIMATED SOURCES AND USES OF FUNDS
The following table sets forth the estimated sources and uses of funds in connection with the
issuance ofthe Series 2015 Bonds:
Sources of Funds
Par Amount of Series 2015 Bonds
Net Original Issue Premium/Discount
Total Estimated Sources of Funds
Uses of Funds
Deposit to Series 2015 Construction Subaccount(')
Deposit to Series 2015 Cost of Issuance Subaccount(')
Underwriters' Discount
Total Estimated Uses of Funds
(1) See "PURPOSE OF THE ISSUE - Series 2015 Project" herein.(2) To pay certain costs of issuance of the Series 201 5 Bonds, including, without limitation, printing costs, bond
counsel fees, disclosure counsel fees, fees ofthe financial advisor and fees ofthe Consulting Engineers.
DESCRIPTION OF THE SERIES 2015 BONDS
General
The Series 2015 Bonds will be dated their date of delivery. The Series 2015 Bonds will bear
interest at the rates and will mature on the dates and in the amounts set forth on the inside cover page of
this Official Statement. lnterest on the Series 2015 Bonds is payable semiannually commencing on
September 1,2075 and on each March 1 and September I thereafter. Such interest shall be calculated on
the basis of a 360 day year consisting of twelve 30-day months. The City has appointed U.S. Bank
National Association, Miami, Florida, to serve as the paying agent and as the bond registrar for the Series
2015 Bonds (collectively, the "Bond Registrar").
In any case where the maturity date of, or the date for the payrrrent of the principal of or interest
on the Series 2015 Bonds, or the date fixed for redemption of the Series 201 5 Bonds shall not be a business
day, then payment of such interest or principal or redemption price need not be made by the Bond Registrar
on such date but may be made on the next succeeding business day with the same force and effect as if
made on the date of maturity or the date fixed for redemption, and no interest shall accrue for the period
after such date of maturity or redemption.
The Series 2015 Bonds will be issued as fully registered bonds, without coupons, in denominations
of $5,000 or any whole multiple thereof, and when issued, will be registered in the name of Cede & Co.,
as registered owner and nominee of The Depository Trust Company, New York, New York ("DTC").
Purchases of beneficial interests in the Series 2015 Bonds will be made in book-entry-only form, without
certificates. Unless a securities depository other than DTC is selected by the City, so long as the Series
2015 Bonds shall be in book-entry-only form, the principal of and interest on the Series 2015 Bonds will
be payable to Cede & Co. (or such other nominee selected by DTC), as registered owner thereof, and will
553
be distributed by DTC and the DTC Participants to the Beneficial Owners (as such terms are hereinafter
defined). See "THE SERIES 2015 BONDS - Book-Entry Only System" herein.
Redemption Provisions
Optional Redemption
The Series 2015 Bonds maturing on or before September 1,2025 are not subject to redemption
prior to maturity. The Series 2015 Bonds maturing on or after September I, 2026 are subject to
redemption prior to maturity, at the option of the City, on or after September l, 2025, in whole or in part
at any time, in any order of maturity selected by the City and by lot or by such other manner as the Bond
Registrar shall deem appropriate within a maturity, at a redemption price equal to one hundred percent
(100%) of the principal amount of the Series 2015 Bonds to be redeemed, together with accrued interest
to the date fixed for redemption and without premium.
Mandatorv Sinking Fund Redemption
The Series 2015 Bonds maturing on September 1,20- are subject to mandatory sinking fund
redemption in part prior to maturity, by lot, or by such other manner as the Bond Registrar shall deem
appropriate, through the application of Amortization Requirements, at a redemption price equal to one
hundred percent (100%) of the principal amount thereof, plus accrued interest to the redemption date, on
September I of each year in the following amounts and in the years specif,red:
Due
(September 1)
*
Amortization
Requirement
$
* Final maturity.
Notice of Redemption
Mailing of Notice of Redemption. At least thirty (30) days, but not more than sixty (60) days,
before the redemption date, a notice of redemption (a) shall be filed by the City with the Bond Registrar
and (b) shall be mailed by the Bond Registrar, first class mail, postage prepaid, to all registered owners of
Series 2015 Bonds (which, so long as DTC shall act as securities depository for the Series 2015 Bonds,
shall be Cede & Co.) to be redeemed at their addresses as they appear on the registration books of the
Bond Registrar, but failure so to mail any such notice to any registered owner shall not affect the validity
of the proceedings for such redemption.
Each such notice shall specify the redemption date and the place or places where amounts due upon
such redemption will be payable and, if less than all of the Series 2015 Bonds are to be redeemed, the
numbers or other distinguishing marks of such Series 201 5 Bonds to be redeemed in part and the respective
portions thereof to be redeemed. Such notice shall further state that on such date there shall become due
and payable upon each of the Series 2015 Bonds to be redeemed the redemption price or the specified
portions thereof in the case of Series 2015 Bonds to be redeemed in part only, together with interest
accrued to the redemption date, and that from and after such date interest thereon shall cease to accrue and
be payable on such Series 2015 Bonds or portions thereof so redeemed.
554
In the case of an optional redemption of the Series 2015 Bonds, the redemption notice may state
that (a) it is conditioned upon the deposit of moneys with the Bond Registrar or with a bank, trust company
or other appropriate fiduciary institution acting as escrow agent (the "escrow agent"), in amounts necessary
to effect the redemption, no later than the redemption date, or (b) the City retains the right to rescind such
notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such
notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice
is rescinded as described in this paragraph. Any such notice of Conditional Redemption shall be captioned
"Conditional Notice of Redemption." Any Conditional Redemption may be rescinded at any time prior
to the redemption date if the City delivers a written direction to the Bond Registrar directing the Bond
Registrar to rescind the redemption notice. The Bond Registrar shall give prompt notice of such rescission
to the affected Bondholders. Any Series 2015 Bonds subject to Conditional Redemption where redemption
has been rescinded shall remain Outstanding, and neither the rescission nor the failure by the City to make
such moneys available shall constitute an Event of Default under the Bond Resolution.
Effect of Calling for Redemption. On the date so designated for redemption, notice having been
filed and mailed in the manner and under the conditions described above, the Series 2015 Bonds so called
for redemption shall become and be due and payable at the redemption price provided for redemption of
such Series 2015 Bonds on such date, and, moneys for payment of the redemption price being held in
separate accounts by the Finance Director or by the Bond Registrar in trust for the Holders of the Series
2015 Bonds to be redeemed, all as provided in the Resolution, interest on the Series 2015 Bonds so called
for redemption shall cease to accrue, such Series 2015 Bonds shall cease to be entitled to any lien, benefit
or security under the Resolution, and the Holders or registered owners of such Series 2015 Bonds shall
have no rights in respect thereof except to receive payment of the redemption price thereof and accrued
interest thereon.
Book-Entry Only System
The following description of the procedures and record keeping with respect to beneficial
ownership interests in the Series 2015 Bonds, payment of the principal of and interest on the Seies 2015
Bonds to DTC Participants or Beneficial Owners (as strch terms are hereinafter defined) of the Series 201 5
Bonds, confirmation and transfer of beneficial ownership interest in the Series 2015 Bonds and other
related trqnsactions by and between DTC, the DTC Participants and the Beneficial Owners of the Series
2015 Bonds is based solely on informationfurnished by DTC on its websitefor inclusion in this Official
Statement. Accordingly, neither the City nor the Undenyriters can make qny representation concerning
these matters or tqke any responsibility for the accuracy or completeness of snch information.
DTC will act as securities depository for the Series 2015 Bonds. The Series 2015 Bonds will be
issued as fully-registered securities registered in the name of Cede & Co., as DTC's partnership nominee,
or such other name as may be requested by an authorized representative of DTC. One fully-registered
Series 2015 Bond certificate will be issued for each maturity of the Series 2015 Bonds, each in the
aggregate principal amount of such maturity, as set forth on the inside cover page of this Official
Statement, and will be deposited with DTC.
DTC, the world's largest depository, is a limited-purpose trust company organized under the New
York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a
member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A
of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues
of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments
from over one hundred (100) countries that its participants ("Direct Participants") deposit with DTC. DTC
555
also facilitates the post-trade settlement among Direct Participants of sales and other securities transactions
in deposited securities, through electronic computerized book-entry transfers and pledges between Direct
Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct
Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing
corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust
& Clearing Corporation ("DTCC"). DTCC is the holding company for DTC, National Securities Clearing
Corporation and Fixed lncome Clearing Corporation, all of which are registered clearing agencies. DTCC
is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others
such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies and clearing
corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly
or indirectly ("Indirect Participants" and, together with Direct Participants, "DTC Participants"). DTC has
Standard & Poor's rating of AA+. The DTC rules applicable to the DTC Participants are on file with the
Securities and Exchange Commission. More information about DTC can be found at www.dtcc.colq and
www.dtc.org.
Purchases of Series 2015 Bonds under the DTC system must be made by or through Direct
Participants, which will receive a credit for the Series 2015 Bonds on DTC's records. The ownership
interest of each actual purchaser of each Series 201 5 Bond ("Beneficial Owner") is in turn to be recorded
on the DTC Participants' records. Beneficial Owners will not receive written confirmation from DTC of
their purchase but Beneficial Owners are expected to receive written confirmations providing details of the
transaction, as well as periodic statements of their holdings, from the DTC Participant through which the
Beneficial Owner entered into the transaction. Transfers of ownership interests in the Series 2015 Bonds
are to be accomplished by entries made on the books of DTC Participants acting on behalf of Beneficial
Owners. Beneficial Owners will not receive certificates representing their ownership interests in Series
2015 Bonds, except in the event that use of the book-entry system for the Series 2015 Bonds is
discontinued.
To facilitate subsequent transfers, all Series 2015 Bonds deposited by Direct Participants with DTC
are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be
requested by an authorized representative of DTC. The deposit of Series 2015 Bonds with DTC and their
registration in the name of Cede & Co., or such other DTC nominee, will not effect any change in
beneficial ownership of the Series 2015 Bonds. DTC has no knowledge of the actual Beneficial Owners
of the Series 2015 Bonds; DTC's records reflect only the identity of the Direct Participants to whose
accounts such Series 2015 Bonds are credited, which may or may not be the Beneficial Owners. The DTC
Participants will remain responsible for keeping account of their holdings on behalf of their customers.
Conveyance of notices and other communications by DTC to Direct Participants, by Direct
Participants to Indirect Participants, and by DTC Participants to Beneficial Owners, will be govemed by
arrangements among them, subject to any statutory or regulatory requirements as may be in effect from
time to time. Beneficial Owners of Series 2015 Bonds may wish to take certain steps to augment the
transmission to them of notices of significant events with respect to the Series 2015 Bonds, such as
redemptions, defaults and proposed amendments to the documents securing the Series 2015 Bonds. For
example, Beneficial Owners of the Series 2015 Bonds may wish to ascertain that the nominee holding the
Series 2015 Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the
altemative, Beneficial Owners may wish to provide their names and addresses to the Bond Registrar and
request that copies of notices are provided directly to them.
Redemption notices shall be sent by the Bond Registrar to DTC. If less than all of the Series 2015
Bonds within an issue are being redeemed, DTC's practice is to determine by lot the amount of the interest
of each Direct Participant in such issue to be redeemed.
556
Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to
Series 2015 Bonds unless authorized by a Direct Participant in accordance with DTC's Procedures. Under
its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date.
The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose
accounts the Series 2015 Bonds are credited on the record date (identified in a listing attached to the
Omnibus Proxy).
Principal and interest payments on the Series 2015 Bonds will be made to Cede & Co., or to such
other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit
Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the
City or the Bond Registrar on the payable date in accordance with their respective holdings shown on
DTC's records. Payments by DTC Participants to Beneficial Owners will be governed by standing
instructions and customary practices, as is the case with securities held for the accounts of customers in
bearer form or registered in "street name," and will be the responsibility of such Participant and not of
DTC, nor its nominee, the Bond Registrar or the City, subject to any statutory or regulatory requirements
as may be in effect from time to time. Payment of principal and interest to Cede & Co. (or such other
nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or
the Bond Registrar, disbursement of such payments to Direct Participants shall be the responsibility of
DTC, and disbursement of such payments to the Beneficial Owners shall be the responsibility of DTC
Participants.
When reference is made to any action which is required or permitted to be taken by the Beneficial
Owners, such reference shall only relate to those permitted to act (by statute, regulation or otherwise) on
behalf of such Beneficial Owners for such purposes. When notices are given, they shall be sent by the City
only to DTC.
NEITHER THE CITY NOR THE BOND REGISTRAR WILL HAVE ANY
RESPONSIBILITY OR OBLIGATION TO ANYDIRECT OR INDIRECT PARTICIPANT OR THE
PERSONS FOR WIIOM THEY ACT AS NOMINEES WITH RESPECT TO THE SERIES 2015
BONDS IN RESPECT OF THE ACCURACY OF ANY RECORDS MAINTAINED BY DTC OR
ANY DIRECT OR INDIRECT PARTICIPANT, THE PAYMENT BY DTC OR ANY DIRECT OR
INDIRECT PARTICIPANT OF ANY AMOUNT IN RESPECT OF THE PRINCIPAL OF OR
INTEREST ON THE SERIES 2015 BONDS, ANY NOTICE WHICH IS PERMITTED OR
REQUIRED TO BE GIVEN TO BONDHOLDERS UNDER THE BOND RESOLUTION, THE
SELECTION BY DTC OR ANY DIRECT OR INDIRECT PARTICIPANT OR ANY PERSON TO
RECEIVE PAYMENT IN THE E\'ENT OF A PARTIAL REDEMPTION OF THE SERIES 2015
BONDS, OR ANY CONSENT GIVEN OR OTHER ACTION TAKEN BY DTC AS BONDHOLDER.
SO LONG AS CEDE & CO. IS THE REGISTERED OWNER OF THE SERIES 2015 BONDS, AS
NOMINEE OF DTC, REFERENCES IN THIS OFFICIAL STATEMENT TO THE
BONDHOLDERS OR REGISTERED OWNERS OF THE SERIES 2OI5 BONDS SHALL MEAN
CEDE & CO., AND SHALL NOT MEAN THE BENEFICIAL OWNERS OF THE SERIES 2015
BONDS.
Discontinuance of Book-Entry Only System
ln the event the City determines that it is in the best interest of the Beneficial Owners to obtain
Series 2015 Bond certificates, the City may notify DTC and the Bond Registrar, whereupon DTC will
notify the DTC Participants, of the availability through DTC of Series 2015 Bond certificates. In such
event, the City shall prepare and execute, and the Bond Registrar shall authenticate, transfer and exchange,
Series 2015 Bond certificates as requested by DTC in appropriate amounts and within the guidelines set
557
forth in the Bond Resolution. DTC may also determine to discontinue providing its services with respect
to the Series 2015 Bonds at any time by giving written notice to the City and the Bond Registrar and
discharging its responsibilities with respect thereto under applicable law. Under such circumstances (if
there is no successor securities depository), the City and the Bond Registrar shall be obligated to deliver
Series 2015 Bond certificates as described herein.
In the event Series 2015 Bond certificates are issued, the provisions of the Bond Resolution shall
apply to, among other things, the transfer and exchange of such certificate and the method of payment of
principal of and interest on such certificates. Whenever DTC requests the City and the Bond Registrar to
do so, the City will direct the Bond Registrar to cooperate with DTC in taking appropriate action after
reasonable notice (i) to make available one or more separate certificates evidencing the Series 201 5 Bonds
to any DTC Participant having Series 2015 Bonds credited to its DTC account; or (ii) to arange for another
securities depository to maintain custody of certificates evidencing the Series 2015 Bonds.
SECURITY AND SOURCES OF PAYMENT
General
The Bonds issued under the Bond Resolution are limited obligations of the City, payable solely
from and secured by a first lien upon and pledge of Net Revenues and, to the extent provided in the Bond
Resolution, from Impact Fees and Special Assessments, and all moneys held in the respective Funds and
Accounts established under the Bond Resolution other than the Subordinated Indebtedness Account and
the fubitrage Rebate Fund (collectively, the "Pledged Revenues"). See APPENDX D - The Resolution
for a further description of the sources of funds pledged as security for the Bonds and referred to herein
as the Pledged Revenues. The Series 2015 Bonds are payable from and secured by the Pledged Revenues
on a parity with the Outstanding Bonds and any other Bonds, Altemative Parity Debt or parity Short-Term
lndebtedness that may be issued from time to time under the Bond Resolution; provided, however, that
no deposit to the Reserve Account shall be made in connection with the issuance of the Series 2015
Bonds and the Series 2015 Bonds shall not be secured by, or entitled to any benefit from, amounts
held in the Reserve Account for the benefit of the Series 2011 Bonds or any other Bonds that may
be issued under the Bond Resolution.
With respect to the Series 2015 Bonds, there will be no Special Assessments or Impact Fees
available to pay principal of and interest on the Series 2015 Bonds. Therefore, as applied to the Series
2015 Bonds, "Pledged Revenues" shall not be deemed to include Special Assessments or Impact Fees.
"Net Revenues" is defined in the Bond Resolution as being, for any particular period, the amount
ofRevenues for such period less Current Expenses for such period.
"Revenues" is defined in the Bond Resolution as all moneys received by the City in connection
with or as a result of its ownership or operation of the Stormwater Utility, including the income derived
by the City from the provision of stormwater management utility services. any proceeds of use and
occupancy insurance on the Stormwater Utility or any part thereof, payments made to the City under
Interest Rate Swap arrangements, income from investments made under the Bond Resolution and, except
for certain purposes related to the issuance of Additional Bonds under the Bond Resolution, amounts
transferred or to be transferred from the Rate Stabilization Account; provided, however, Revenues shall
not include grants, contributions or donations, investment income from investments of moneys on deposit
in the Construction Fund, the Subordinated Indebtedness Account, the Impact Fee Account and the Special
Assessment Account, proceeds of insurance (except use and occupancy insurance) and condemnation
awards, moneys held in the Subordinated Indebtedness Account and in any Arbitrage Rebate Fund created
558
pursuant to the Bond Resolution, proceeds of sales of property constituting a part of the Stormwater Utility,
Special Assessments, the proceeds of Bonds or other Utility Debt and Impact Fees.
"Current Expenses" is defined in the Bond Resolution as the City's reasonable and necessary
current expenses of maintenance, repair and operation of the Stormwater Utility and shall include, without
limiting the generality of the foregoing, all ordinary and usual expenses of maintenance and repair, which
may include expenses not annually recurring, any reasonable payrnents to pension or retirement funds
properly chargeable to the Stormwater Utility, insurance premiums, engineering expenses relating to
maintenance, repair and operation, fees and expenses ofthe Bond Registrar, legal and accounting expenses,
any fees, fines, or penalties lawfully imposed on the Stormwater Utility, any taxes which may be lawfully
imposed on the Stormwater Utility or its income or operations and reserves for such taxes, annual fees for
the maintenance of Credit Facilities, Liquidity Facilities, Reserve Account lnsurance Policies, Reserve
Account Letters of Credit or Interest Rate Swaps (other than pa).rnents due under an Interest Rate Swap
on a parity with interest due on the Bonds and termination payments thereunder), and any other expenses
required to be paid by the City in connection with the Stormwater Utility under the provisions of the Bond
Resolution or by law, including any amounts required from time to time to pay arbitrage rebate to the
United States of America or to fund the Arbitrage Rebate Fund, but shall not include any reserves for
extraordinary maintenance or repair, or any allowance for depreciation, or any administrative expenses
payable to the City's General Fund, or any deposits or transfers to the credit of the Debt Service Account,
the Reserve Account, the Rate Stabilization Account, the Subordinated Indebtedness Account, the Impact
Fee Account or the Special Assessment Account.
Flow of Funds
The City maintains a special fund designated the "Stormwater Utility Fund" (the "Enterprise
Fund"). The Bond Resolution establishes within the Enterprise Fund the Debt Service Account (and within
the Debt Service Account, the Bond Service Subaccount and Redemption Subaccount), Reserve Account,
Rate Stabilization Account, Subordinated Indebtedness Account, Impact Fee Account and Special
Assessment Account. The Bond Resolution also establishes the Construction Fund. A11 such funds and
accounts will be held by the City, and no independent trustee has been appointed to hold the moneys in
such funds for the benefit ofthe Bondholders.
The City deposits all Revenues collected from the operation of the Stormwater Utility into the
Enterprise Fund. Not later than the twentieth (20'h) day of each month, the City will withdraw from the
Enterprise Fund (except for an amount equal to the next two (2) month's Current Expenses under the
Annual Budget, which amount shall be held for the payrnent of Current Expenses) and deposit the funds
withdrawn in the following order:
(a) To the Bond Service Subaccount of the Debt Service Account, an amount which,
together with amounts concurrently deposited therein from Impact Fees pursuant to the Bond
Resolution and from Special Assessments pursuant to the Bond Resolution, will equal one-sixth
(1/6) of interest payable on the Bonds of each Series on the next lnterest Payment Date, and one-
twelfth (lll2) or, if principal is payable semiannually, one-sixth (1/6), of the next maturing
installment of principal on all Serial Bonds then Outstanding; provided, however, that in each
month intervening between the date of delivery of Bonds and the next succeeding lnterest Payment
Date or principal payment date, respectively, the amount specified in this subparagraph shall be
the amount which when multiplied by the number of deposits to the credit of the Bond Service
Subaccount required to be made during such respective periods as provided above will equal the
amounts required (taking any amounts received as accrued interest or capitalized interest from the
559
proceeds of the Bonds) for such next succeeding interest pa)rynent and next maturing installment
of principal, respectively;
(b) To the Redemption Subaccount of the Debt Service Account, an amount which,
together with amounts concurrently deposited therein from Impact Fees pursuant to the Bond
Resolution and from Special Assessments pursuant to the Bond Resolution, will equal one-twelfth
(lll2) or, if any Bonds are required to be retired semiannually in satisfaction of the Amortization
Requirements therefor, one-sixth (1/6), of the principal amount of Term Bonds of each Series
required to be retired in satisfaction of the Amortization Requirements, if any, for such Fiscal Year;
(") To the Reserve Account, the amount, if any, as may be required to make the
amount deposited to the credit of the Reserve Account in such month equal to the Reserve Account
Deposit Requirement for such month; provided, however, that if the Reserve Account Deposit
Requirement is being satisfied by the restoration of any amounts drawn or paid under a Reserve
Account Insurance Policy or a Reserve Account Letter of Credit, there shall be paid to the provider
thereof such amount, if any, of any balance remaining after the deposits under clauses (a) and (b)
above, as may be required to cause the Reserve Account Deposit Requirement to be satisfied;
(d) To the Rate Stabilization Account, amounts determined from time to time by the
City Commission; and
(e) To the Subordinated Indebtedness Account, an amount, if any, equal to the sum
of one-twelfth (lll2) of the principal, redemption premium, if any, and interest coming due on any
Subordinated Indebtedness during the succeeding twelve (12) month period and the amount, if any,
required to be deposited in any special reserve subaccount established within the Subordinated
Indebtedness Account.
Impact Fees are required to be deposited to the Impact Fee Account, and Special Assessments are
required to be deposited to the Special Assessment Account, and the amounts in such accounts are required
to be used for the specific purposes for which such Impact Fees or Special Assessments have been levied.
For a further description of such Accounts, see APPENDIX D - The Resolution.
Reserve Account
General
Under the Bond Resolution, the City has established the Reserve Account within the Enterprise
Fund. The Reserve Account is held for the benefit of all Bonds Outstanding except that the Series
Resolution for one or more particular Series of Bonds may establish a separate subaccount within the
Reserve Account for such particular Series of Bonds and, in such event, such Series of Bonds shall be
secured only by the moneys held for the credit of such subaccount and by no other amounts held for the
credit of the Reserve Account, and the Bonds Outstanding of any other Series will have no claim
whatsoever on the moneys held for the credit of such separate subaccount in the Reserve Account.
The Reserve Account Requirement under the Bond Resolution is an amount equal to the lesser of
(i) the Maximum Principal and Interest Requirements for all Bonds Outstanding in the current or any
subsequent Fiscal Year, or (ii) the maximum amount allowed to be funded from Bond proceeds under the
Code; provided that if the Series Resolution corresponding to a Series of Bonds provides for the
establishment of a separate subaccount in the Reserve Account to secure only such Series of Bonds (lvith
such Series of Bonds having no claim on the other moneys deposited to the credit of the Reserve Account),
10
560
the Reserve Account Requirement for such Series of Bonds shall be calculated as set forth in the
corresponding Series Resolution.
Notwithstanding anyhing to the contrary contained in the Bond Resolution, (i) the Series 2009
Bonds are not secured by the Reserve Account or any separate subaccount therein, and (ii) the Reserve
Account Requirement is computed without regard to the Series 2009 Bonds.
No Deposit for Series 2015 Bonds
The Series 2015 Resolution provides that, notwithstanding anything to the contrary contained in
the Bond Resolution, the City may determine that no deposit to the Reserve Account shall be made in
connection with the issuance of the Series 2015 Bonds. The City has made such determination. Therefore,
no deposit has been made to the Reserve Account in connection with the issuance of the Series 2015 Bonds
and no separate subaccount in the Reserve Account has been created for the benefit ofthe Series 2015
Bonds. As a result, the Series 2015 Bonds shall not be secured by any separate subaccount in the
Reserve Account nor entitled to any benefit from amounts held in the Reserve Account for the benefit
of the Series 2011 Bonds or any other Bonds that may be issued under the Bond Resolution.
Amounts on deposit in the Reserve Account upon issuance of the Series 2015 Bonds shall be held solely
for the benefit of the holders of the Outstanding Series 201 I Bonds and not for the benefit of the holders
of the Series 2009 Bonds or the Series 2015 Bonds.
Rate Covenant
The City has covenanted in the Bond Resolution that it will fix, charge and collect reasonable rates
and charges for the use of the services and facilities fumished by the Stormwater Utility and that from time
to time, and as often as it shall appear necessary, it will adjust such rates and charges by increasing or
decreasing the same or any selected categories of rates and charges so that the Net Revenues (excluding
from the computation of Current Expenses for any Fiscal Year any amount received from any source other
than Revenues and applied to the payment of Current Expenses in such Fiscal Year) will be sufficient to
provide an amount in each Fiscal Year at least equal to one hundred ten percent (Il0%) of the Principal
and Interest Requirements on all Bonds for such Fiscal Year and one hundred percent (100%) of all
amounts required to be deposited to the Reserve Account (or paid to the provider of a Reserve Account
Insurance Policy or Reserve Account Letter of Credit), Rate Stabilization Account and Subordinated
Indebtedness Account for such Fiscal Year.
If the City has covenanted to levy Special Assessments or Impact Fees against property to be
benefitted by any Improvements (which levy is done in accordance with State law), and if in the case of
Special Assessments, the City has pledged such Special Assessments to the payment of Bonds or portions
thereof and if, in the case of Impact Fees, such Impact Fees are legally available for application with
respect to the payment of Bonds or portions thereof, then the Net Revenues in any Fiscal Year for purposes
of the rate covenant shall be increased by the amount which the Consulting Engineers estimate will be
received from the levy of said Special Assessments or Impact Fees, as the case may be, during such Fiscal
Year, said amount to be the installment payments on the Special Assessments or Impact Fees, as the case
may be, plus, in the case of Special Assessments, any interest payable on the unpaid portion of the Special
Assessments during such Fiscal Year.
If in any Fiscal Year the Net Revenues are less than the amount required under the preceding
paragraphs, within thirty (30) days of the receipt of the audit report for such Fiscal Year (which may be
the City's Consolidated Audited Financial Report relating to the Stormwater Utility), the City is required
to either cause the Chief Financial Officer, or employ a Rate Consultant, to review and analyze the
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financial status and operations of the Stormwater Utility, and to submit, within sixty (60) days thereafter,
a written report to the City recommending revisions of the rates, fees and charges of the Stormwater Utility
and the methods of operation of the Stormwater Utility that will result in producing the amount so required
in the following Fiscal Year. Promptly upon its receipt of such recommendations, the City is required to
transmit copies thereof to the City Manager and Chief Financial Officer and to revise its rates, fees and
charges, or alter its methods of operation and take such other action as will conform with such
recommendations.
If the City fails to comply with the recommendations of the Chief Financial Officer or Rate
Consultant, as applicable, the registered owners of not less than ten percent (10%) in principal amount of
all Bonds then Outstanding may institute and prosecute an action or proceeding in any court or before any
board or commission having jurisdiction to compel the City to comply with the recommendations and the
requirements of the preceding paragraph.
If the City complies with all recommendations of the Chief Financial Officer or Rate Consultant,
as applicable, in respect to its rates, fees, charges and methods of operation, the failure of Net Revenues
to meet the rate covenant described above will not constitute an Event of Default so long as the Revenues,
together with available moneys in the Funds and Accounts created under the Bond Resolution, other than
the Construction Fund and the Arbitrage Rebate Fund, are sufficient to pay in cash the Current Expenses
and to pay the Principal and Interest Requirements on all Bonds Outstanding under the Bond Resolution
and other Utility Debt for such Fiscal Year.
Additional Bonds
Additional Bonds of the City may be issued from time to time under and secured by the Bond
Resolution, on a parity as to the pledge of the Net Revenues with the Bonds and any Altemative Parity
Debt and parity Short-Term Indebtedness that may be issued under the Bond Resolution, subject to the
conditions described below, for the purpose of paying all or any part of the Cost of any Improvements and
the funding of the Reserve Account and/or the Rate Stabilization Account.
Before any Additional Bonds are permitted to be issued under the Bond Resolution, the City
Commission shall adopt a Series Resolution authorizing the issuance of such Additional Bonds and there
shall be filed with the City, among other things, the following:
(a) a certificate of the Chief Financial Officer, an Accountant or the Rate Consultant,
demonstrating that either (i) the percentage derived by dividing the Net Revenues projected for the
Stormwater Utility for the Fiscal Year following the Fiscal Year in which the Completion Date of
the Improvements to be financed by the Additional Bonds then to be delivered is expected to
occur, as certified by the Rate Consultant, adjusted as permitted below, by the Maximum Principal
and Interest Requirements, including the Principal and Interest Requirements with respect to the
Additional Bonds then to be delivered, for any future Fiscal Year is not less then one hundred ten
percent (110%); or (ii) the percentage derived by dividing the Net Revenues for any period of
twelve (12) consecutive months selected by the City out of the eighteen (18) months preceding the
delivery of such certificate, by the Maximum Principal and Interest Requirements, including the
Principal and lnterest Requirements with respect to the Additional Bonds then to be delivered, for
any future Fiscal Year is not less than one hundred ten percent (ll0%) (the period during which
Net Revenues are determined being referred to hereinafter as the "Measurement Period"); and
(b) if the certificate described in (a)(i) above is being delivered, a certificate of the
Rate Consultant setting forth the projected Net Revenues for the Fiscal Year following the Fiscal
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Year in which the Completion Date of the lmprovements to be financed by the Additional Bonds
then to be delivered is expected to occur; and
(c) a certificate of the Chief Financial Officer to the effect that no event of default
under the Bond Resolution and no event which with the passage of time, the giving of notice or
both would become an event of default, has occurred within the twelve consecutive calendar
months prior to the date of such certificate and is continuing, or, if any such event or events has
occurred and is continuing, that the issuance of such Series of Additional Bonds will cure the same.
ln determining whether to execute and deliver the certificate mentioned in paragraph (a) above, the
following adjustments to Net Revenues may be made:
(1) If the City, prior to the issuance of the proposed Additional Bonds, shall have increased
the rates, fees, rentals or other charges for the services of the Stormwater Utility, the Net Revenues for the
Measurement Period shall be adjusted to show the Net Revenues which would have been derived from the
Stormwater Utility in such Measurement Period as if such increased rates, fees, rentals or other charges for
the services of the Stormwater Utility had been in effect during all of such Measurement Period.
(2) If the City shall have acquired or has contracted to acquire any privately or publicly owned
existing stormwater management utility system, then the Net Revenues derived from the Stormwater Utility
during the Measurement Period shall be increased by addition to the Net Revenues for the Measurement
Period of the Net Revenues which would have been derived from said existing stormwater management
utility system as if such existing stormwater management utility system had been a part of the Stormwater
Utility during the Measurement Period. For the purposes of this paragraph, the Net Revenues derived from
said existing stormwater management utility system during the Measurement Period shall be adjusted by
deducting the cost of operation and maintenance of said existing stormwater management utility system
from the gross revenues of said existing stormwater management utility system in the same manner
provided in the Bond Resolution for the determination of Net Revenues.
(3) If the City, in connection with the issuance of Additional Bonds, shall enter into a contract
(with a duration not less than the final maturity of such Additional Bonds) with any public or private entify
whereby the City agrees to furnish services in connection with any stormwater management utility system
then the Net Revenues of the Stormwater Utility during the Measurement Period shall be increased by the
least amount which said public or private entity shall guarantee to pay in any one (l) year for the
fumishing of said services by the City, after deducting therefrom the proportion of operating expenses and
repair, renewal and replacement cost attributable in such year to such services. Such payments shall be
deemed to be Net Revenues of the Stormwater Utility and ptedged for the Bonds in the same manner as
other Net Revenues of the Stormwater Utility.
(4) If the City has covenanted to levy Special Assessments or Impact Fees against property
to be benefited by any Improvements (which levy must be done in accordance with State law), and if, in
the case of Special Assessments, the City has pledged or pledges such Special Assessments to the payment
of Bonds or portions thereof and if, in the case of Impact Fees, such Impact Fees are legally available for
application with respect to Bonds or portions thereof, then solely for purposes of clauses (a) and (b) above
the Net Revenues during the Measurement Period shall be increased by the amount which the Consulting
Engineers estimate will be received from the levy of said Special Assessments or Impact Fees, as the case
may be, during any Fiscal Year occurring within three (3) years of the date of the sale of such Additional
Bonds, said amount to be the installment payments on the Special Assessments or lmpact Fees, as the case
may be, plus, in the case of Special Assessments, any interest payable on the unpaid portion of the Special
Assessments during such Fiscal Year.
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The Series 2015 Bonds are being issued as Additional Bonds [and the rates for services of the
Stormwater Utility which became effective on October 1,2014 were used to calculate the Net Revenues
available to satisfo the requirements set forth in subparagraph (a) above, as permitted by the Bond
Resolution and described in subparagraph (1) above. For a description of the rate increase that became
effective on October 1,2014, see "THE STORMWATER UTILITY - Rates, Fees and Charges" herein.l
In the future, the City intends to issue Additional Bonds in accordance with its Capital
Improvement Program. See "THE STORMWATER UTILITY - Capital Improvement Program" herein.
Refunding Bonds
Under the provisions of the Bond Resolution, Refunding Bonds of the City may be issued under
and secured by the Bond Resolution, on a parity as to the pledge of the Net Revenues with the Bonds and
any Altemative Parity Debt and parity Short-Term lndebtedness that may be issued under the Bond
Resolution, for the purpose of refunding all or a portion of any Bonds Outstanding of any one or more
Series, funding the Reserve Account and/or the Rate Stabilization Account and paying any expenses in
connection with such refunding.
Before any Refunding Bonds are permitted to be issued under the Bond Resolution, the City
Commission shall adopt a Series Resolution authorizing the issuance of such Refunding Bonds and there
shall be filed with the City, among other things, either: (i) a certificate of the Chief Financial Officer that
the issuance of the Refunding Bonds will result in a decrease in total Principal and lnterest Requirements
for all Bonds Outstanding, or (ii) the certificates required by (a), (b) and (c) under the caption "Additional
Bonds" above, provided, however, that with respect to the certificates required bV (a)(i) and (b), the
projected Net Revenues shall be computed for the Fiscal Year immediately following the issuance of the
Refunding Bonds.
Limited Liability
The City is not obligated to pay the Series 2015 Bonds or the interest thereon except from the
Pledged Revenues and neither the faith and credit nor any physical properties of the City are pledged to
the payment of the Series 2015 Bonds. The issuance of the Series 2015 Bonds does not directly or
indirectly or contingently obligate the City to levy any form of taxation whatever therefor or to make any
appropriation for their payment except from the Pledged Revenues. Neither the full faith and credit nor
the taxing power of the City, Miami-Dade County, Florida (the "County"), the State of Florida or any
political subdivision thereof is pledged to the payment of the Series 2015 Bonds.
Other Parity Indebtedness
In addition to the issuance of Additional Bonds and Refunding Bonds, the City may issue other
obligations on a parity with the Series 201 5 Bonds and other Bonds Outstanding under the Bond Resolution
as long as such obligations are issued in accordance with the provisions of the Bond Resolution authorizing
their issuance as parity indebtedness. Such obligations include the issuance of Short-Term lndebtedness
without the delivery of the certificates described under the caption "Additional Bonds" above as long as
immediately following the issuance of such Short-Term Indebtedness, the outstanding principal amount of
all Short-Term Indebtedness does not exceed ten per cent (10%) of the Net Revenues of the Stormwater
Utility, as shown on the Annual Budget for the current Fiscal Year.
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For a more detailed description of the other types of indebtedness that may be issued from time
to time on a parity with the Series 2015 Bonds and other Bonds Outstanding under the Bond Resolution,
in addition to Additional Bonds and Refunding Bonds, and the tests applicable to the issuance of such other
types of indebtedness, see "APPENDIX D - The Resolution" and, in particular, Sections 211 and 212 of
the Bond Resolution.
Subordinated Indebtedness
The City may issue obligations under the Bond Resolution that are secured by the Net Revenues
without satisfuing the conditions for the issuance of Additional Bonds, Refunding Bonds or Altemative
Parity Debt so long as such obligations are issued as Subordinated Indebtedness. Subordinated
Indebtedness is payable solely from amounts on deposit in the Subordinated Indebtedness Account. Net
Revenues may be deposited in the Subordinated Indebtedness Account only after the deposit of amounts
required to be made to the accounts securing the Bonds or Altemative Parity Debt, including the Rate
Stabilization Account. As a result, the lien on Net Revenues in favor of Subordinated Indebtedness is
junior and subordinate to the pledge of and lien on Net Revenues in favor of the Outstanding Bonds, the
Series 2015 Bonds and any other Bonds or Altemative Parity Debt issued under the Bond Resolution.
In addition to the Outstanding Bonds, in connection with the implementation of the Capital
Improvement Program for the Stormwater Utility, the City has entered into a loan agreement to borrow
$7.5 million in aggregate principal amount of funds from the State of Florida, Department of
Environmental Protection Clean Water Revolving Loan Fund (the "SRF"). [The City anticipates that it will
apply for approximately $30 million of additional loans from the SRF to finance future Stormwater Utility
capital projects. Under the City's current loan agreement with the SRF (the "SRI] Loan Agreement"), the
City's repayment obligation is treated as Subordinated Indebtedness. The repayment obligations for future
loans contemplated to be requested from the SRF to finance Stormwater Utility capital projects are also
expected to be treated as Subordinated Indebtedness.l
Modifications or Supplements to Resolution
Except as set forth in the third (3'd) succeeding paragraph below, no supplemental resolution may
be adopted by the City Commis:ion for the purpose of modifying, altering, amending, adding to or
rescinding, in any particular, any of the terms or provisions of the Bond Resolution or of any resolution
supplemental thereto without the consent in writing of the Holders of not less than a majority in aggregate
principal amount of the Bonds then Outstanding; provided, however, that no such supplemental resolution
shall permit (i) an extension of the maturity of the principal of or the interest on any Bond, (ii) a reduction
in the principal amount of any Bond or the redemption premium or the rate of interest thereon, (iii) the
creation of a superior or parity lien upon or a pledge of Revenues other than the lien and pledge created
by the Bond Resolution, (iv) a preference or priority of any Bond or Bonds over any other Bond or Bonds,
or (v) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental
resolution without, in each case, the consent of the Holders of all the Bonds Outstanding.
For purposes of providing the written consent of the Holders of any Series of Bonds to any
supplemental resolution modifuing, altering, amending, adding to or rescinding, in any particular, any of
the terms or provisions of the Bond Resolution or of any resolution supplemental thereto, the consent of
the Holders of any Series of Additional Bonds or Refunding Bonds shall be deemed given if the
underwriters or initial purchasers for resale consent in writing to such supplemental resolution and the
nature of the amendment effected by such supplemental resolution is disclosed in the official statement or
other offering document pursuant to which such Series of Additional Bonds or Refunding Bonds is offered
and sold to the public.
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In addition, for purposes of providing the written consent of the Holders of any Series of Bonds
to any supplemental resolution modifying, altering, amending, adding to or rescinding, in any particular,
any of the terms or provisions of the Bond Resolution or of any resolution supplemental thereto, to the
extent any Series of Bonds is secured by a Credit Facility, so long as the issuer of such Credit Facility shall
not be in default in its obligations under such Credit Facility, the consent of the Credit Facility Issuer for
such Series of Bonds shall constitute the consent of the Holders of such Bonds.
Notwithstanding the foregoing, the City may, from time to time, without the consent of the Holders
of any Series of Bonds, amend, change, modify or alter the Bond Resolution for any of the specifically
authorized reasons set forth in Sections 1001(a) through (j) of the Bond Resolution. See "APPENDIX D -
The Resolution."
THE STORMWATER UTILITY
The following is intended to provide only a summary description of the Stormwater Utility. For
a more detailed description of the Stormwater Utility, see the Engineer's Report dated _, 2015
(the "Engineer's Report") prepared by AECOM, as consulting engineers for the City (the "Consulting
Engineers") in connection with the issuance of the Series 2015 Bonds. The Engineer's Report is included
in this Official Statement as "APPENDIX B - City of Miami Beach, Florida Engineer's Report for the
Stormwater Revenue Bonds, Series 2015."
General
The City is a highly urbanized coastal community located in southeast Florida and a major
economic resource to the region. Bounded by the Atlantic Ocean and the environmentally sensitive
Biscayne Bay Aquatic Preserve, which is also one of the Outstanding Florida Waters, the Stormwater
Utility covers an area of approximately 4,200 acres. See "THE STORMWATER UTILITY - Govemment
Regulations - Florida Department of Environmental Protection" herein. The area has relatively low-lying
topography that is intersected by intracoastal waterways. The area has a subtropical climate with high
intensity rainfall, sigrrificant tidal influence, limited soil storage for infiltration, high amounts of impervious
area, and limited available surface storage. Such factors have historically and have the potential in the
future to cause tidal events. Tidal events can produce flooding and erosion.
The City is comprised of a group of islands and the City has a perimeter of seawalls around its
island system. Topographic elevations range from approximately 10 feet referenced to North American
Vertical Datum of 1988 ("feet-NAVD") to 0.0 feet-NAVD. Much of the City's stormwater system
infrastructure and roads lie at or below 6 feet-NAVD. Low street gutter elevations range as low as 0.5 feet-
NAVD.
On June 18, 1991, through the adoption of Ordinance 9l-66, the Board of County Commissioners
of Miami-Dade County, Florida established a county-wide stormwater utility. On Septemb er 2, 1992, the
City Commission adopted Resolution No. 92-20579, which authorized the execution of an lnterlocal
Agreement with the County (the "Stormwater Interlocal Agreement"). The Stormwater Interlocal
Agreement formalized the relationship between the County and the City and established responsibilities
for the planning, control, operation, construction, maintenance, repair, and enhancement of stormwater
systems within the City limits. In March 1996, the City Commission adopted Resolution 96-21923, which
notified the County that the City desired to be excluded from the County stormwater utility and, through
enactment of Ordinance No. 96-305 1, on September I I , 1 996, the City established the Stormwater Utility.
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Currently, the City owns the Stormwater Utility, which exist within the geographical boundaries
of the City and also includes a number of discrete islands located in Biscyane Bay. The City's stormwater
management system consists of City maintained outfalls served by swales, inlets, storm drains, culverts,
bridges, gravity and pumped recharge wells, exfiltration systems, channels, canals, pump stations, and
retention/detention storage systems.
The City exercises exclusive jurisdiction, control and supervision over the Stormwater Utility. The
City Commission has the legal authority to fix, charge and collect from its customers, rates, fees, and
charges, and to acquire, construct, finance and operate the Stormwater Utility, without supervision or
regulation by any other commission, board, bureau, agency or other political subdivision of the County or
the State; provided, however, that environmental impacts are regulated by various govemmental entities.
See "THE STORMWATER UTILITY - Govemment Regulations" herein.
Public Works Department
The Public Works Department is a large, full service organization providing planning, design,
construction, maintenance, repairs and operation services for City infrastructure, including utility systems,
roadways, facilities, and the City's fleet. The department oversees City cleanliness and manages the Solid
Waste/Recycling Collection and Disposal Program. The department is represented by professional, semi-
professional and licensed disciplines working in Administration, Engineering, Transportation, Streets and
Streetlights, Environmental Resources, Property, Fleet, Water Distribution, Sewer Collection, Stormwater
Management, and Sanitation. The Public Works Department was designated as an Accredited Public
Works Agency by the American Public Works Association in May 2007 and re-accredited in June 2011.
The Public Works Department is responsible for the operation and maintenance of the facilities of
the Stormwater Utility. Eric T. Carpenter, P.E. is the Director of the department. Mr. Carpenter reports
to John M. Taxis, the Assistant City Manager responsible for the City's parks and recreation, information
technology, capital improvement projects and public works.
Michael Alvarez, the Director of the City's lnfrastructure Division of the Public Works Department,
is responsible for the daily operations of the Stormwater Utility. The lnfrastructure Director oversees the
Operation and Maintenance Sections within the Public Works Department, warehouse operations for the
department and minor construction of the following:
. Sewer collection system,. Water distribution system,. Stormwater collection and disposal system,. Pump stations and. Water metering.
Other divisions within the Public Works Department are overseen by Jay J. Fink, P.E., the Assistant
Public Works Director. Mr. Fink reports directly to the Public Works Director. Bruce A. Mowry, Ph.D.,
P.8., the City Engineer, is responsible for the daily operations of the divisions overseen by Mr. Fink. Such
divisions provide the following services:
. Planning and Engineering of the following:
- Sewer collection system,
- Water distribution system,
- Stormwater collection and disposal system,
- Pump stations and
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. Righror*#;:.*TiliXlhenrorcement,. Transportation management,. Environmentalresourcesmanagement,. Property Management Division,. Sanitation Division and. Geographic Information Systems.
The Public Works Department is also supported by other departments within the City and the City
Manager's office provides managerial and administrative guidance. The Finance Department performs the
utility billing functions. The Procurement Departrnent performs several functions, including, among others,
handling all requests for proposals for engineering consultant contracts and requests for payment of
invoices received by the Public Works Department, advertising and awarding all construction contracts and
facilitating purchases of equipment. The Office of Budget and Performance Improvement approves all
spending requests and allocates funding for all water, wastewater and stormwater operations. The Parks
Department handles green space restoration. The Fleet Maintenance and Properly Management Department
performs vehicle fleet maintenance and building maintenance, respectively. The Human Resources
Department handles all personnel functions. The Capital Improvement Project Office provides planning,
design review, fiscal and construction management services of all City capital projects.
The following table provides a brief summary of
management offrcials of the City who are responsible for the
the background and experience of those
operation of the Stormwater Utility:
Experience
TO BE PROVIDED
TO BE PROVIDED
TO BE PROVIDED
Name
Jimmy L.
Morales,
Esq.
John M.
Taxis
Title
City
Manager
Assistant
City
Manager
Patricia D. Chief Appointed Chief Financial Officer for the City of Miami Beach, FloridaWalker, Financial in March L997;Director of Airports, Broward County, Floida,7994-C.P.A., Officer 1997;Director of Broward County Aviation Department, 199l-1997,
C.G.M.A. and Dade County Aviation Department, 1978-1990, Price Waterhouse
& Co-, 1973-1978. Education: Florida State University, B.S.
Accounting; Florida Intemational University, M.S.M. Accounting.
Certification: Certified Public Accountant, Florida, 1974, Chartered
Global Management Accountant, _ (year of certification).
Eric T. Public
Carpenter, Works
P.E. Director
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Jay J. Fink,
P.E"
Bruce A.
Mowry,
Ph.D., P.E.
Assistant
Public
Works
Director
City
Engineer
TO BE PROVIDED
TO BE PROVIDED
Existing Stormwater Utility
In 1903, the United States Army Corps of Engineers dredged the first opening to the Atlantic
Ocean in South Florida, cutting through mangrove swamps at the Government Cut section of the area. The
dredging project allowed for a safer, more direct access to the Port of Miami. Through the 1900s, Miami
Beach was dredged and built. The beach, on the east side, is the highest part of the City. The west side,
along West Avenue, is the lowest. The majority of the storm drainage for the City was constructed
between the 1930s and 1960s during the City's initial population booms. Generally, the drainage system
flows by gravity from east to west, where water drains into Biscayne Bay or one of its tributary waterways.
Under present day conditions, when Biscayne Bay is at high tide or groundwater conditions are high, the
City experiences flooding. During storm events, flooding occurs due to excess runoff as well as the
inundation of the stormwater network by tidal backflow, elevated groundwater and heavy rainfall.
The City installed the current stormwater collection and disposal system beginning in the early
1940s. The infrastructure consist of a network of catch basins, conveyance piping, and positive outfalls
that discharge stormwater into the surrounding waterways. The installation of the Stormwater Utility
paralleled development of the City and was focused initially in the South Beach and Mid-Beach areas. ln
addition to the City's drainage network, the Florida Department of Transportation has installed several
independent drainage systems within the City.
The Stormwater Utility is responsible for protecting the waterways in and around the City from
pollution, for flood protection within the City and for the removal of stormwater from the City's roadways.
The City meets its flood protection objectives through three (3) methods: (i) filling land and constructing
new buildings and improvements at elevations above the anticipated flood elevation; (ii) lowering the water
table through the construction of canals; and (iii) constructing storm sewers and other stormwater collection
and conveyance systems to remove stormwater from land surfaces and discharge it into the surrounding
waterways or into the groundwater.
The filling or elevating of land prior to the improvement of property is accomplished by
maintaining building codes that require all new construction to be completed with a finished floor elevation
above the 100-year flood stage elevation.
A canal network is also utilized as part of the City's stormwater management program. The canals
are constructed along natural drainage features and connect salt water bodies at the same elevation.
Continuous concrete bulkheads (seawalls) are used in the construction process to reduce erosion of soil of
the adjacent filled lands. Water movement through these canals is accomplished by tidal flushing action
only. The Collins Canal connects the southem end of Indian Creek Waterway with Biscayne Bay at Belle
Island. Stormwater runoff enters this canal from Dade Boulevard to the north and from the end of various
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sfeets to the south. The canals are designed in conjunction with the storm sewer system and are stated
to have been sized to handle a 25-year storm having a Z4-hour duration.
The third method of stormwater management is through the use of storm sewers and other
stormwater collection and conveyance devices. Storm sewers serve to collect and dispose of excess water
after a rainfall event through containment and/or rapid disposal by positive gravity-driven outlets. Storm
sewers are comprised of a complex system of collection devices (tlpically catch basins), pipes, and outfalls
that collect, convey and discharge stormwater runoff directly into surface water bodies.
The Stormwater Utility currently operates under the Florida Department of Environmental
Protection (the "FDEP") Municipal Separate Storm Sewer System ("MS4") Permit No. FLS000003-003,
which adheres to the National Pollutant Discharge Elimination System C'NPDES') requirements of the
United States Clean Water Act (the "Clean Water Act"). The Stormwater Utility includes approximately
4,750 stormwater inlets, 7,900 conduits (gravity pipes and force mains),2,575 manholes, 25 pumping
stations, and 340 stormwater outfalls. The City also has 3 pump stations under construction and an
additional 12 in final design or currently under contract to be constructed. In addition, several private,
County and State owned pump stations and outfalls exist within the City limits.
Capital Improvement Program
General
The existing facilities of the Stormwater Utility are inadequate in many areas of the City. In most
areas of the City, the existing stormwater system is based on the development pattems, groundwater and
coastal conditions of the 1930s and 1960s, and has localized improvements to address flooding issues.
Those systems, constructed between the 1930s through 1960s, have served their design life. Due to age,
development, and updated regulatory requirements, the City's overall stormwater system has been
determined to require upgrades to improve stormwater quality and conveyance.
Approximately every ten (10) to fifteen (15) years the City updates its stormwater master plan to
determine if there are deficiencies within the Stormwater Utility and to review, and determine compliance
with, updated permitting and regulatory requirements. The City retained the engineering firm CH2M Hill
to provide the 1997 City of Miami Beach Comprehensive Stormwater Management Program Master Plan
(the "1997 SWMP") for the Stormwater Utility. The 199'7 SWMP identified thirty-four (34) drainage
basins as high priority basins. The City's Capital Improvement Program for the Stormwater Utility, as
originally presented in the 1997 SWMP, identified proposed projects by stormwater basin number.
In 2000 the City issued its Stormwater Revenue Bonds, Series 2000 in the aggregate principal
amount of $52, 170,000 (the "Series 2000 Bonds") to provide financing for implementation of the highest
priority projects identified in the 1997 SWMP. The Series 2000 Bonds are no longer outstanding and were
refunded in part by issuance of the Series 2009 Bonds. The completion of capital improvements from the
1997 SWMP, facilitated by the issuance of the Series 2000 Bonds, has improved the performance and
operation of the stormwater system in several areas of the City.
The City retained the engineering firm CDM Smith Inc. ("CDM Smith") to conduct a review and
update of the 1997 SWMP, which resulted in preparation of the 2011 City of Miami Beach Cityr,vide
Comprehensive Stormwater Master Plan (the "20ll SWMP") for the Stormwater Utility. Among other
things, the 201I SWMP redefined the capital improvement program for the Stormwater Utility to provide
for projects to be grouped together and reclassified as neighborhood projects or by general community.
The objective of the improvements recommended in the 2011 SWMP is to provide a higher level of service
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for the Stormwater Utility, as defined by flood protection and control of pollutant loading in the stormwater
system (sometimes referred to as "Level of Service").
Subsequent to the adoption of the 2011 SWMP, the City adopted policy changes related to flood
mitigation and Level of Service to be more responsive to rises in sea levels experienced worldwide ("Sea
Level Rise") and the annual highest tide events ("King Tide"), rainfall depth, intensity and distribution.
As a result, the drainage designs contained in the 201I SWMP were determined to be inadequate to serve
the City's current needs. In addition, as a result of the predicted increase in groundwater levels resulting
from Sea Level Rise, the City has implemented a working policy to reduce and/or eliminate the use of
exfiltration trenches, gravity drainage wells and stormwater injection wells due to concems over reliability
and decreasing capacity. Such reduction and/or elimination will occur over the course of several years,
in conjunction with other improvements and upgrades currently planned as part of the City's multi-year
capital improvement program for the Stormwater Utility (the "CIP"). Consequently, the drainage
component of the neighborhood improvements contemplated in the 20ll SWMP have been re-evaluated
based on Sea Level Rise and higher groundwater conditions.
The vast majority of the areas of the City lie below an elevation of 2.2 feetNAVD. In addition
to the significant flooding problems resulting from King Tide, these areas will be inundated during normal
high tide with the adopted 5O-Year Sea Level Rise of 1.50 feet. With a projected mean high water level
for the City at 1.50 feet-NAVD and a normal high tide cycle of 0.70 feet, the water level in Biscayne Bay
would be at 2.20 feet-NAVD. At such elevated Bay and groundwater levels, current gravity drainage
systems and conventional best management practices for the Stormwater Utility will not be effective.
Planned Improvements
The CIP projects listed below are a combination of active projects pre-defined by the 1997 SWMP,
project-specific Basis of Design Reports, and projects identified as part of the 2011 SWMP. In most
instances, the stormwater improvements were coordinated with components of the City's Neighborhood
Right-of-Way projects, which included improvements to other neighborhood utilities such as water, sewer,
streetscape and street lighting. Emphasis was given to avoid re-entering a neighborhood rvhich had recently
completed neighborhood improvements.
The purpose of these improvements is to provide a higher Level of Service for the Stormwater
Utility. The cost of implementing the improvements is expected to be financed from proceeds of the Series
2015 Bonds, Bonds currently contemplated to be issued in Fiscal Years 2017 and 2079, each in the
approximate aggregate principal amount of $100,000,000, funds provided under the current SRF Loan
Agreement and future loans from the SRF, and Net Revenues available for CIP projects, as reflected in the
City's adopted budgets. The improvements consist of one or a combination of the following:
(D Repair, replacement and/or installation of curbs and gutters;
(ii) Reconstruction and/or raising of streets and sidewalks;
(iii) Repair, replacement and./or installation of collection systems (including, but not limited to,
catch basins, manholes and storage facilities);
(iv) Construction of pumping stations and water quality treatment devices;
(v) Repair and/or upgrade of existing outfalls (including, but not limited to, tidal backflow
prevention devices); and
21
571
("i) Any additional improvements to the Stormwater Utility the City Commission may approve
by resolution as part of the CIP in addition to and/or in lieu of one or more of the
foregoing improvements.
Set forth below is a summary of the neighborhood projects currently included in the CIP and
expected to be financed in part from proceeds of Bonds, including the Series 2015 Bonds. The listed
projects are expected to provide comprehensive solutions for improving the Stormwater Utility's
performance for the next fifty (50) years. During development of the CIP, consideration was given to the
water quality of the Biscayne Bay and the operation and maintenance of an expanded stormwater system.
The capital improvements listed below are expected to allow the Stormwater Utility to meet the increasing
performance, permitting and regulatory demands of the system, while modemizing the Stormwater Utility
to meet the flood control Level of Service established by the City.
For a more detailed discussion of the projects comprising the CIP and the funding expected to
required for such projects, see "APPENDX B - City of Miami Beach, Florida Engineer's Report for the
Stormwater Revenue Bonds, Series 2015."
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
22
572
City of Miami Beach, Florida
Stormwater Utility Capital Improvement Program
Improvement
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood lmprovements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Neighborhood Improvements
Existing Pump Station
Conversion
New Pump Station
New Pump Station
New Pump Station
New Pump Station
New Pump Station / Existing
Pump Station Conversion
Estimated
Project
CostsLocation
Flamingo Park 6'h Street (5'h / 7'h Streets)
West Avenue and Bay Road
Lower North Bay Road
LaGorce / Upper Bay Road
Sunsetlslands3 &4
Sunset Harbour
Venetian Islands
Palm and Hibiscus Islands
Central Bayshore South
City Center (Tier 4 FDOT Alton Road
Integrated Solution) (2)
Flamingo Park "A" (Tier 4 FDOT Alton
Road Integrated Solution) ('z)
Flamingo Park "C" (Tier 4 FDOT Alton
Road Integrated Solution) ('?)
North Shore
LaGorce Island / Allison Island
Biscayne Point
South Point
Lincoln Road (Washington Avenue to
Lenox Avenue)
Normandy Isle South
Normandy Shores
Nautilus
Central Bayshore Neighborhood
Star Island
Middle Bay Road
Sunsetlslands 1 &2
Town Center
Belle Island
Total
Source: City of Miami Beach, Florida.
* Tier 4 FDOT Alton Road Integrated Solution constitutes
23
$ 13,469,860
26,124,315
77,268,835
31,239,579
18,830,018
I 1,196,690
9,108,000
10,000,000
10,300,000
31,428,531
32,308,911
31,428,531
27,488,796
11,752,503
\2,750,368
12,062,490
5,034,679
28,519,606
28,5t9,606
17,453,773
7,963,155
4,251,475
9,992,025
7,537,563
5,519,500
3.243,000
$424J31J3e
573
City of Miami Beach, Florida
Stormwater Utility Capital Improvement Program
Estimated Sources of Funding
Funding Source
Series 2015 Bonds
Stormwater Revenue Bonds, Series 2017
Stormwater Revenue Bonds, Series 2019
SRF Loans
Current Revenues
Total $4243uf,32
Source: City of Miami Beach, Florida.
Government Regulations
The Stormwater Utility is subject to federal, State and local regulations.
Federal
U.S. Environmental Protection Agency. The U.S. Environmental Protection Agency (the "EPA")
was mandated by the U.S. Congress through Section 405 of the Water Quality Act of 1987 to promulgate
a NPDES permitting program for municipal stormwater discharge. Pursuant to the Stormwater Interlocal
Agreement the City is a co-permitee with the County and coordinates with the County for compliance
purposes. As it has done with many states, the EPA has delegated the NPDES permitting authority to the
FDEP.
During development of the 201 I SWMP, the EPA was in the process of updating the MS4 permit
program. The new rule developed as a result of such updating contained additional requirements for the
best management practices to be followed by permitees and the documentation of their performance. The
recommendations provided in the 2011 SWMP accounted for the requirements of the proposed new rule,
including the requirements of the new numeric nutrient criteria for all discharges. Since its initial proposal
of new rules for the MS4 permit program, the FDEP has provided additional updates and has implemented
the new rules to be followed and the new requirements to be met as each MS4 permit is updated. See
"THE STORMWATER UTILITY - Govemment Regulations - State - Florida Deparlment of Environmental
Protection" herein.
Federal Emergenqt Management Agency. The mission of the Federal Emergency Management
Agency ("FEMA') is to support citizens and first responders of natural disasters to ensure that the United
States, as a nation, works together to build, sustain, and improve its capability to prepare for, protect
against, respond to, recover from, and mitigate all hazards. The Robert T. Stafford Disaster Relief and
Emergency Assistance Ac| PL 700-707, signed into law November 23, t988, amended the Disaster Relief
Act of 1974, PL 93-288. This act constitutes the statutory authority for most federal disaster response
activities.
Estimated Proiect Costs
$
24
574
FEMA regulates riverine (stormwater) and coastal (tidal) floodplains and floodways under the
National Flood Insurance Program. When preparing the 2011 SWMP, CDM Smith used tools developed
by FEMA to identify and quantify flood risks, including Flood Insurance Studies, Flood Insurance Rate
Maps, and the HAZUS Program (a nationally applicable standardized methodology that contains models
for estimating potential losses from earthquakes, floods and hurricanes), coupled with the models of the
City's Primary Stormwater Management System, to estimate structural and economic damage costs from
the 2- through 100-year design storm events. The coordination with FEMA allows for the support of flood
map revisions and communication of economic impacts in a manner recognized by the federal govemment
for cost-benefit comparisons.
United Stqtes Army Corps of Engineers. The United States Army Corps of Engineers ("USACE")
is the primary federal agency that develops guidance parameters for civil infrastructure design consideration
for projects impacting environmentally sensitive water and Outstanding Florida Waters, like Biscayne Bay.
See "THE STORMWATER UTILITY - Govemment Regulations - Florida Department of Environmental
Protection" herein.
A nationwide permit from the USACE is required when up to one-half acre of waters of the United
States (e.g. Biscayne Bay or its tributary canals) are impacted, and the USACE requires that original grades
are restored to the site after completion of construction. Under the USACE's nationwide permit program
a pre-construction notification submittal is required. The Regional Conditions and General Condition for
the nationwide permit require that the pre-construction notification include the following information:
' A map of the entire corridor, including a delineation of all wetlands and waters of the
United States within the corridor;
' An alternative analysis which addresses the selection of an altemative which avoids and
minimizes wetland impacts to the maximum extent practicable;
' For all submerged utility lines across navigable waters of the United States, a location map
and cross-sectional view showing the utility line crossing from bank to bank is required.
In addition, the location and depth of the Federal Project Channel must be shown in
relation to the proposed utility line. ln general, all utility lines shall be buried at least six
(6) feet below the authorized bottom depth ofthe federal project channel and at least three
(3) feet below the bottom depth in all subaqueous areas; and
o d delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g.,
submerged aquatic vegetation, seagrass beds). This work must be conducted between
April I through September 30 due to the growth season of aquatic vegetation.
In general, permitting coordination with USACE is required when modifications to stormwater
outfalls or seawalls result in impacts to Outstanding Florida Waters. See "THE STORMWATER UTILITY
- Government Regulations - Florida Department of Environmental Protection" herein. More localized
impacts are permitted at the State and local level.
The following is a summary of the State agencies with which coordination is required to develop
and implement an effective stormwater management program.
State
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575
Florida Department of Environmental Protection. The Florida Department of Environmental
Protection ("FDEP") regulates environmental programs in the State and has been delegated NPDES MS4
permit authority. As a result, the FDEP is responsible for implementing the stormwater element of the
federal municipal NPDES program as part of the FEDP's Wastewater Facility and Activities Permiuing
program. The stormwater element of the NPDES program is mandated by the Clean Water Act.
Authorized by Section 403.0885, Florida Statutes, the FDEP's federally approved NPDES stormwater
program is included in various provisions within Chapters 62-4, 62-620, 62-621 and 62-624 of the Florida
Administrative Code. Chapter 62-624, of the Florida Administrative Code specifically addresses MS4's
permit requirements.
The City is one of the thirty-three (33) entities authorized for stormwater discharge under the
comprehensive Miami-Dade County NPDES MS4 permit (Permit Number FLS000003-003). The City is
authorized to discharge to waters of the State per the approved Stormwater Management Program, effluent
limitations, monitoring requirements, and other provisions set forth in the comprehensive County MS4
permit. The City has actively fulfilled the requirements of the permit related to its existing outfalls. The
measures utilized by the City to fulfill such requirements are documented in annual reports submitted by
the City to the FDEP.
The NPDES permit under which the City is a co-permittee expires June 20,2016.
The FDEP also regulates underground injection control permits for wells (gravity recharge wells
and pumped injection wells). In addition, the FDEP desigrrates Outstanding Florida Waters pursuant to
Section 403.061(21), Florida Statutes, and Rule 62-302.700(9) of the Florida Administrative Code.
Outstanding Florida Waters are bodies of water within the State designated by the FDEP as worthy of
special protection because oftheir natural attributes. The special protection afforded Outstanding Florida
Waters generally prohibits direct discharges into such waters and imposes stringent limitations on activities
that may cause an indirect discharge into any Outstanding Florida Waters.
Sottth Florida W'ater Management District. The South Florida Water Management District (the
"SFWMD') has responsibilities for stormwater management under Florida Administrative Code Chapters
408-4, 408-40 and 40E-400 through the issuance of an Environmental Resource Permit (.'ERP"). In 20 I 3,
the Statewide ERP Rule (Chapter 62-330, Florida Administrative Code) was adopted, unifying the ERP
rules for the State. The SFWMD also regulates surface water management under Florida Administrative
Code Chapters 40E-40 and 40E-41. In addition, its responsibilities include regulation of dredge and fill
activities. Since the SFWMD has jurisdiction, its criteria and standards will be used as guidelines for
conceptual planning of both water quality and quantity improvements. These guidelines are provided in
the South Florida Water Management District Environmental Resource Permit Information Manual 2014.
Local
The Miami-Dade County Department of Regulatory and Economic Resources ("DRER") oversees
various environmental permitting requirements for the construction or modification of stormwater-related
infrastructure in the County. Specifically for stormwater management, DRER requires a Class II permit
for related stormwater improvement projects and outfalls.
Al1 required stormwater permits have been secured for projects representing approximately _%
of the Series 2015 Project value. Projects with stormwater permits in the process of being secured
represent approximately _% of Series 2015 Project value, for a combined total of _% of Series 201 5
Project value having secured, or being in the process of securing, the permits required to implement the
contemplated improvements. The balance of the Series 2015 Projects are primarily in the design phase and,
26
576
upon completion of design, applications for stormwater permits will be submitted. Such permits are
expected to be received in the ordinary course ofbusiness.
Pending Federal and State Rezulations
During the past few years, several significant regulations related to water quality and stormwater
management have been adopted or proposed for adoption by various federal, State and local regulatory
agencies. Such regulations, when finalized and fully implemented, are expected to impact the City, its
operation of the Stormwater Utility generally and its completion of projects in the CIP. However, the 2011
SWMP and the projects currently included in the CIP include conditions, requirements and Levels of
Service to comply with the newly adopted and proposed regulatory requirements of federal, State and local
govemment agencies.
For a detailed discussion of the proposed changes to regulatory requirements and the litigation
relating to the imposition of such requirements, see Section 3.2, "Permitting Requirements" in "APPENDX
B - City of Miami Beach, Florida Engineer's Report for the Stormwater Revenue Bonds, Series 2015."
Rates, Fees and Charges
General
Effective October 1,2014, the City Commission approved an increase in the service charge for the
Stormwater Utility from $9.06 per month per Equivalent Residential Unit ("ERU") to $16.67 per ERU.
The ERU is the estimated average horizontal impervious area of residential developed property per
dwelling unit. This estimated average is calculated by dividing the total estimated impervious area of four
(4) residential categories (single family, mobile home, multi-family and condominium) by the estimated
total number of dwelling units. For the City, one ERU is equal to 791 square feet. For the purpose of the
Stormwater Utility, the minimum number of ERUs per dwelling unit is one. The service charge for the
Stormwater Utility is structured as a flat rate for all residential customers.
The City had maintained a steady Equivalent Residential Unit (ERU) rate from 2003 to 2008 of
$5.80 per month. In recent years the City has faced significant increases in expenditures for construction
of projects, as well as operation and maintenance of the current infrastructure. As a result, in 2008, the
Consulting Engineers provided recommendations to support proper funding and debt service to expand,
operate and maintain the Stormwater Utility through a series of utility rate adjustments, which resulted in
an ERU rate increase to $9.06 per month, effective October 1,2009.
On June 9, 2010, the City authorized development of a Citywide Comprehensive Stormwater
Management Master Plan (the "SWMMP") to evaluate and update its Stormwater management practices,
infrastructure, funding and regulatory policies. The SWMMP was intended to be a guide for improving
the City's Stormwater management system performance for the next twenty (20) years, with considerations
to potential sea level rise over this time period. The SWMMP was adopted by the City Commission on
November 14,2012.
To accommodate significant improvements recommended to the Stormwater Utility, including
implementation of the Series 2015 Project, an ERU rate increase to $16.67 per month was implemented
on October I , 2014. Such increase represented an eighty-four percent (84%) increase in the service charge
for the Stormwater Utility. The 2014 rate increase was in response to the findings in the SWMMP and the
recommendations of the Mayor's Blue Ribbon Panel on Flooding and Sea Rise and of the City's Flooding
Mitigation Committee to upgrade the existing storm drainage system in the City and implement
27
577
enhancements to the Stormwater Utility within the next three (3) to five (5) years, with a potential
estimated cost of $300 million. To provide for all of such improvements, future rate increases of
approximately thirty-eight percent (38%) in Fiscal Year 2017 and nineteen percent (19%) in Fiscal Year
2019 arc currently forecasted to be required. No action has been taken by the City Commission, however,
and no current determination has been made concerning such future rate increases.
The City has a policy of operating the Rate Stabilization Account to transfer into operations
annually sufficient amounts to generate debt service coverage of at least one hundred twenty percent
(120%), and to subsequently transfer out from operations to such account any excess amounts not required
to meet annual cash needs.
Comparative Rates
Based on monthly stormwater utility fees for Florida local governments, as compiled in 2014 by
the Florida Stormwater Association, the current and projected fees for services of the Stormwater Utility
are higher than the fees charged for such services by other cities and counties in Florida. The average ERU
rate for Florida cities and counties in the 2014 Florida Stormwater Association Report is $5.68. Not
including the City's current ERU rate of $16.67, the Florida Stormwater Association Report provides a
range in monthly rates per ERU from $0.75 to $13.77.
For a list of the Florida local governments included in the 2014 Florida Stormwater Association
Report and the stormwater utility fees charged by each govemmental entity, see "APPENDIX B - City of
Miami Beach, Florida Engineer's Report for the Stormwater Revenue Bonds, Series 2015" and, in
particular, Table 5.8 of the Engineer's Report.
Billing and Collection
A Stormwater Utility fee is assessed against each property in the City based on existing City utility
accounts, application for service, and County Tax Assessor property information or other ownership
records. Each account is assigned a number of ERUs that are used to determine the Stormwater Utility fee.
The ERU is the estimated average horizontal impervious area of residential developed property per
dwelling unit.
To receive water, sewer, and stormwater services from the City, property owners fiIl out an
Application for Water Service at the City's Finance Department and pay a deposit according to an
established schedule. The Finance Department is responsible for preparing and issuing one itemized bill
for water, sewer, stormwater, and garbage disposal (except for commercial accounts) services provided by
the City. All of such services are billed on a monthly basis.
Stormwater Utility fees for properties within the City that meet one of the following criteria may
be reduced by fifty percent (50%):
l. The property is subject to a valid NPDES permit.
2. The property is served by a private disposal system meeting State, County, and City
criteria.
3. A portion of the property is served by a private disposal system meeting State, County, and
City criteria. The fee reduction only applies to that portion of the property.
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578
The fees collected by the City with respect to the Stormwater Utility, including investment
earnings, are deposited in the Enterprise Fund and used for planning, constructing, financing and operating
and maintaining the Stormwater Utility and the infrastructure of the stormwater management system. The
Enterprise Fund tracks the operations, capital expenditures, and revenues of the Stormwater Utility.
The City has streamlined and improved the system that was in place to capture ERU changes in
the review and approval of construction plans. The resulting method enhances communication and
coordination of the several departments included in the process such as Public Works Department, the
Office of Budget and Performance Improvement and the Finance Department.
The City bills monthly for water, wastewater, stormwater, and sanitation services on the same bill.
There are four (4) cycle of bills each month. The prioritization of applying payments is first to stormwater,
second to sanitation, third to wastewater, and last to water.
Bills are due within fifteen (15) days from the date of the bill. A ten percent(10%) penalty is
added to all current charges on the bills if not paid within the fifteen (15) days.
Customers for whom a check has been returned by the bank are notified to replace their check with
either cash, cashier's check or money order within five (5) days. The customer's account will be charged
a minimum of $20.00 or five percent (5%) of the amount of the check, whichever is greater.
The charges for utilities services constitute a lien against the premises and become effective and
binding as such lien from the date upon which the account becomes due, unpaid and in arrears. Liens
accrued as set out in the City Code are of the same dignity as liens acquired by virtue of the City Charter
whereby an interest rate of ten percent (10%) accmes to such delinquent accounts. Based on recent
historical performance, utility collections are approximately ninety-eight percent (98%) of billings.
For detailed information relating to the customers of the Stormwater Utility, current and projected
billings, see "APPENDIX B - City of Miami Beach, Florida Engineer's Report for the Stormwater Revenue
Bonds, Series 2015" and, in particular, Section 3.4 and Table 5.1 of the Engineer's Report.
IREMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
29
579
DEBT SERVICE SCHEDULE
Set forth below are the debt service requirements of the Series 2015 Bonds, all other Bonds
Outstanding upon issuance of the Series 2015 Bonds and the total combined debt service on all Bonds
Outstanding immediately following issuance of the Series 2015 Bonds.
Fiscal Year
Ending
September 30
2015
2016
2011
201 8
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
Total
Series Series
2015 Bonds 2015 Bonds
Principal Interest
$$
Series
2015 Bonds
Total
$ -0- $
Total Series
2015 Bonds
Outstanding andOutstanding
Bonds Bonds
6,g2g,2gg
6,829,261
6,815,508
6,819,1 l3
6,912,937
6,8 15,559
6,807,434
6,982,346
6,974,359
6,978,546
6,976,911
6,974,37r
6,979,809
6,979,629
6,980,509
6,982,r65
3,496,56s
3,492,290
3,492,135
3,491,925
3,496,395
3,495,075
3,492,950
3,495,700
3,492,000
3,496,939
3,494,500
-0-
-0-
-0-
-0-
$_
30
$.14!J7_3.084
580
HISTORICAL AND FORECASTED SCHEDULE OF NET REVENUE,
DEBT SERVICE AND DEBT COVERAGE
The following table sets forth the historical and forecasted revenues, expenditures and debt service
coverage of the Stormwater Utility. This table does not show adjustments necessary to meet the additional
bonds test for Additional Bonds expected to be issued in Fiscal Years 2017 and2019. The following tables
must be read in conjunction with the Engineer's Report. See "APPENDIX B - City of Miami Beach,
Florida Engineer's Report for the Stormwater Revenue Bonds, Series 2015."
TO BE PROVIDED
3l
581
The following table shows the debt service coverage of the Stormwater Utility based on the actual
results from the Fiscal Year ended September 30, 2014, based on the Maximum Principal and Interest
Requirements for all Bonds Outstanding upon issuance of the Series 20 15 Bonds, calculated in accordance
with the requirements for Additional Bonds under the Bond Resolution. The following table must be read
in conjunction with the Engineer's Report. See "APPENDIX B - City of Miami Beach, Florida Engineer's
Report for the Stormwater Revenue Bonds, Series 2015."
TO BE REVISED
Revenues
Operating
Non-Operating
Investment Earnings(r)
Total Revenues
Total Operating Expenses(2)
Net Revenues
Maximum Principal and Interest
Requirements(3)
Net Revenues Coverage of Maximum
Principal and Interest Requirements(a)
Funds Available for Subordinated Debt,
Administration Fees and Transfers
Annual Subordinated Debt Service
Administration Fees
Transfers Out
Funds Available After Subordinated Debt,
Administration Fees and Transfers Out
Fiscal Year ended
September 30. 2014
$11,709,000
426,000
130,000
12,265,000
4,288,158
7,976,842
6.982.346
l.l4x
994,496
-0-
433,000
-0-
(l)
(2)
(3)
$ s61.496
Unrelated to Construction Fund.
Excludes amortization, depreciation and administration fees.
Maximum Principal and Interest Requirements for the Series 2009 Bonds, the Series 2011
Bonds and the Series 2015 Bonds will occur in Fiscal Year 20-. This differs from
Schedules _ and _ of the Engineer's Report, which includes debt service on
Additional Bonds expected to be issued in Fiscal Years 2017 and 2019, using the
assumptions described in such Report. See "APPENDIX B - Ciry of Miami Beach, Florida
Engineer's Report for the Stormwater Revenue Bonds, Series 2015."
The debt service coverage requirement in the Bond Resolution is one hundred ten percent
(110%) of the Principal and Interest Requirements for the Fiscal Year, not the Maximum
Principal and Interest Requirements.
(4)
32
582
FINDINGS AND CONCLUSIONS OF CONSULTING ENGINEERS
AECOM (the "Consulting Engineers") has been engaged by the City to serve as consulting
engineers for the StormwaterUtility in cormection with the issuance of the Series 2015 Bonds and, in such
capacity, have prepared the Engineer's Report. The Engineer's Report provides a summary of the overall
condition of the Stormwater Utility to support the issuance of the Series 2015 Bonds. The information
contained in the Engineer's Report is a combination of information obtained from recent investigations and
discussions with management and operations personnel of the Stormwater Utility and includes a review
of, among other sources, the CIP, the 1997 SWMP, the 2011 SWMP, the comprehensive annual financial
reports of the City for Fiscal Years ended September 30,z}_through 2014,the City's annual operating
budgets for Fiscal Years September 30,2)_through 2015, the MS4 permit issued by the FDEP relating
to the Stormwater Untility, the financial, billing and operating data of the City relating to the Stormwater
Utility and other files of the City and of the Stormwater Utility maintained by or provided to the
Consulting Engineers.
Set forth below are certain conclusions reached by the Consulting Engineers in the Engineer's
Report. Reference is made to the complete Engineer's Report for a more detailed discussion of the
information relied upon by the Consulting Engineers to reach the following conclusions and the
assumptions upon which such conclusions are based. See "APPENDIX B - City of Miami Beach, Florida
Engineer's Report for the Stormwater Revenue Bonds, Series 2015." In the opinion of the Consulting
Engineers, the assumptions upon which the following conclusions are based are reasonable.
1. The capital improvement program is necessary to improve the flood protection level of
service and water quality of the City's primary stormwater management system.
2. Continuation of the City's planned capital improvement program will entail the need for
significant additional funding.
3. The City's stormwater management system is well maintained, well managed and in good
operating condition. Effective planning policies provide for the necessary inspection, repair, improvement
and replacement of the City's stormwater management facilities and have enabled the City to comply with
state and federal regulations.
4. The City's stormwater management system has the physical capacity to meet existing
demands. Implementation of the projects included in the capital improvement program will enable the
City's stormwater management system in the areas served by those projects to meet projected demands and
comply with state and federal regulations expected to be in effect during the study period of the Engineer's
Report (Fiscal Years 2015 through 2020) (the "Study Period").
5. The financial plan for improvements to the City's stormwater management system, as
described in the Engineer's Report, includes adequate funding for improvements to be constructed from
the proceeds ofthe Series 2015 Bonds.
6. In the event the City elects to issue additional Stormwater Revenue Bonds inFY 207l ,rate
increases applicable to the stormwater system customers may be necessary prior to the issuance of such
Bonds.
7. Key staff of the City in charge of the operations and maintenance of the stormwater
management system and the implementation of improvements to the system are well qualified and capable
of effectively managing the responsibilities of such operations, maintenance and implementation.
JJ
583
8. The methodology used to develop the capital improvement program for the City's
stormwater management system, the timing of the implementation of the program and the cost of its
improvements was an appropriate methodology for such purposes.
9. Revenues of the City's stormwater management system projected in the Engineer's Report
will be sufficient to meet all operating and other expenses of the system during the Study Period and to
satisfo all of the requirements of the rate covenant set forth in the Bond Resolution. Such Revenues will
also provide sufficient funds for planned capital improvement expenditures of the City's stormwater
management system that are expected to be funded from current Revenues.
10. The amounts projected in the Engineer's Report for Revenues and Current Expenses of the
City's stormwater management system and the sources of funds projected to be available to fund scheduled
or anticipated improvements with the proceeds of the Series 2015 Bonds throughout the Study Period are
reasonable.
I l. Improvements to be made to the City's stormwater management system have been or are
expected to be designed in accordance with usual and customary engineering practices and involve proven
technology and proven configurations ofthat technology.
12. The projected cost and time periods for implementing the improvements to the City's
stormwater management system to be financed with proceeds of the Series 2015 Bonds are reasonable.
13. In the opinion of the Consulting Engineers, the City's issuance of the Series 2015 Bonds
in the aggregate principal amount set forth in this Official Statement, at the time and for the purposes
described in the Engineer's Report, is an advisable undertaking.
LITIGATION
There is no litigation or controversy of any nature now pending for which the City has received
service of process or, to the actual knowledge of the City Attomey, threatened against the City that seeks
to restrain or enjoin the issuance or delivery of the Series 2015 Bonds or contesting the proceedings or
authority under which they are to be issued or the creation, organization or existence of the City or, if
determined adversely to the City, would have a material adverse impact on the ability of the Stormwater
Utility to generate sufficient Net Revenues to pay debt service on the Series 2015 Bonds.
LEGAL MATTERS
Certain legal matters incident to the issuance of the Series 2015 Bonds and with regard to the tax-
exempt status of the interest on the Series 2015 Bonds (see "TAX MATTERS" herein) are subject to the
legal opinion of Squire Patton Boggs (US) LLP, Bond Counsel to the City. The signed legal opinion of
Bond Counsel, substantially in the form attached hereto as APPENDIX E, dated and premised on law in
effect as of the date of issuance of the Series 2015 Bonds, will be delivered on the date of issuance of the
Series 2015 Bonds. The actual legal opinion to be delivered may vary from the form attached hereto to
reflect facts and law on the date of delivery. The opinion will speak only as of its date, and subsequent
distribution of it by recirculation of this Official Statement or otherwise shall create no implication that
Bond Counsel has reviewed or expresses any opinion conceming any of the matters referenced in the
opinion subsequent to its date ofissuance.
While Bond Counsel has participated in the preparation of certain portions of this Official
Statement, it has not been engaged by the City to confirm or verify such information. Except as may be
34
584
set forth in an opinion of Bond Counsel delivered to the Underwriters, Bond Counsel expresses and will
express no opinion as to the accuracy, completeness or faimess of any statements in this Official Statement,
or in any other reports, financial information, offering or disclosure documents or other information
pertaining to the City or the Series 2015 Bonds that may be prepared or made available by the City, the
Underwriters or others to the Holders of the Series 2015 Bonds or otherparties.
Certain legal matters incident to the issuance of the Series 2015 Bonds relating to disclosure will
be passed on for the City by the Law Offices of Steve E. Bullock, P.A., Miami, Florida, whose legal
services as Disclosure Counsel have been retained by the City. The signed legal opinion, dated and
premised on law in effect as of the date of original delivery of the Series 2015 Bonds, will be delivered
to the City by Disclosure Counsel at the time of original delivery of the Series 2015 Bonds.
The proposed text of the form of the legal opinion of Disclosure Counsel is set forth as
APPENDIX F to this Official Statement. The actual legal opinion to be delivered may vary from that text
if necessary to reflect facts and law on the date of delivery. The opinion will speak only as of its date, and
subsequent distribution of it by recirculation of this Official Statement or otherwise shall create no
implication that Disclosure Counsel has reviewed or expresses any opinion conceming any of the matters
referenced in the opinion subsequent to its date ofissuance.
Certain legal matters will be passed on for the City by Raul J. Aguila, Esquire, Miami Beach,
Florida, City Attomey, and for the Underwriters by their counsel, Bryant Miller Olive P.A., Miami, Florida.
The legal opinions and other letters of counsel to be delivered concurrently with the delivery of
the Series 201 5 Bonds express the professional judgment of the attomeys rendering the opinions or advice
regarding the legal issues and other matters expressly addressed therein. By rendering a legal opinion or
advice, the giver of such opinion or advice does not become an insurer or guarantor of the result indicated
by that opinion, or the transaction on which the opinion or advice is rendered, or of the future performance
of parties to the transaction. Nor does the rendering of an opinion guarantee the outcome of any legal
dispute that may arise out of the transaction.
ENFORCEABILITY OF REMEDIES
The remedies available to the owners of the Series 2015 Bonds upon the occurence of a default
under the Resolution are in many respects dependent upon judicial actions which are often subject to
discretion and delay. Under existing constitutional and statutory law and judicial decisions, the remedies
specified by the Resolution and the Series 2015 Bonds may not be readily available or may be limited.
The various legal opinions to be delivered concurrently with the delivery of the Series 2015 Bonds
(including Bond Counsel's approving opinion) will be qualified, as to the enforceability of the various legal
instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws
affecting the rights of creditors enacted before or after such delivery and to general principles of equity
(whether sought in a court of law or equity).
TAX MATTERS
General
In the opinion of Squire Patton Boggs (US) LLP, Bond Counsel, under existing law: (i) interest
on the Series 2015 Bonds is excluded from gross income for federal income tax purposes under Section
103 of the Intemal Revenue Code of 1986, as amended (the "Code"), and is not an item of tax preference
for purposes of the federal alternative minimum tax imposed on individuals and corporations; and (ii) the
35
585
Series 201 5 Bonds and the income thereon are exempt from taxation under the laws of the State of Florida,
except estate taxes imposed by Chapter 198, Florida Statutes, as amended, and net income and franchise
taxes imposed by Chapter 220, Florida Statutes, as amended. Bond Counsel expresses no opinion as to
any other tax consequences regarding the Series 2015 Bonds.
The opinion on tax matters will be based on and will assume the accuracy of certain representations
and certifications, and continuing compliance with certain covenants, of the City contained in the transcript
ofproceedings and that are intended to evidence and assure the foregoing, including that the Series 2015
Bonds are and will remain obligations the interest on which is excluded from gross income for federal
income tax purposes. Bond Counsel will not independently verify the accuracy of the City's
representations and certifications or the continuing compliance with the City's covenants.
The opinion of Bond Counsel is based on current legal authority and covers certain matters not
directly addressed by such authority. It represents Bond Counsel's legal judgment as to exclusion of
interest on the Series 2015 Bonds from gross income for federal income tax purposes but is not a guaranty
of that conclusion. The opinion is not binding on the Intemal Revenue Service ("lRS") or any court. Bond
Counsel expresses no opinion about (i) the effect of future changes in the Code and the applicable
regulations under the Code or (ii) the interpretation and the enforcement of the Code or those regulations
by the IRS.
The Code prescribes a number of qualifications and conditions for the interest on state and local
govemment obligations to be and to remain excluded from gross income for federal income tax purposes,
some of which require future or continued compliance after issuance of the obligations. Noncompliance
with these requirements by the City may cause loss of such status and result in the interest on the Series
2015 Bonds being included in gross income for federal income tax purposes retroactively to the date of
issuance of the Series 2015 Bonds. The City has covenanted to take the actions required of it for the
interest on the Series 2015 Bonds to be and to remain excluded from gross income for federal income tax
pu{poses, and not to take any actions that would adversely affect that exclusion. After the date of issuance
of the Series 2015 Bonds, Bond Counsel will not undertake to determine (or to so inform any person)
whether any actions taken or not taken, or any events occurring or not occurring, or any other matters
coming to Bond Counsel's attention, may adversely affect the exclusion from gross income for federal
income tax purposes of interest on the Series 2015 Bonds or the market value of the Series 2015 Bonds.
A portion of the interest on the Series 2015 Bonds eamed by certain corporations may be subject
to a federal corporate alternative minimum tax. In addition, interest on the Series 2015 Bonds may be
subject to a federal branch profits tax imposed on certain foreign corporations doing business in the United
States and to a federal tax imposed on excess net passive income of certain S corporations. Under the
Code, the exclusion of interest from gross income for federal income tax purposes may have certain adverse
federal income tax consequences on items of income, deduction or credit for certain taxpayers, including
financial institutions, certain insurance companies, recipients of Social Security and Railroad Retirement
benefits, those that are deemed to incur or continue indebtedness to acquire or carry tax-exempt obligations,
and individuals otherwise eligible for the eamed income tax credit. The applicability and extent of these
and other tax consequences will depend upon the particular tax status or other tax items of the owner of
the Series 2015 Bonds. Bond Counsel will express no opinion regarding those consequences.
Payrnents of interest on tax-exempt obligations, including the Series 2015 Bonds, are generally
subject to IRS Form 1099-INT information reporting requirements. If a Series 2015 Bond owner is subject
to backup withholding under those requirements, then payments of interest will also be subject to backup
withholding. Those requirements do not affect the exclusion of such interest from gross income for federal
income tax purposes.
36
586
Bond Counsel's engagement with respect to the Series 2015 Bonds ends with the issuance of the
Series 2015 Bonds, and, unless separately engaged, Bond Counsel is not obligated to defend the City or
the owners of the Series 2015 Bonds regarding the tax status of interestthereon in the event of an audit
examination by the IRS. The IRS has a program to audit tax-exempt obligations to determine whether the
interest thereon is includible in gross income for federal income tax purposes. If the IRS does audit the
Series 2015 Bonds, under current IRS procedures, the IRS will treat the City as the taxpayer and the
beneficial owners of the Series 2015 Bonds will have only limited rights, if any, to obtain and participate
in judicial review of such audit. Any action of the IRS, including but not limited to selection of the Series
2015 Bonds for audit, or the course or result of such audit, or an audit of other obligations presenting
similar tax issues, may affect the market value of the Series 2015 Bonds.
Prospective purchasers of the Series 2015 Bonds upon their original issuance at prices other than
the respective prices indicated on the inside cover of this Official Statement, and prospective purchasers
of the Series 2015 Bohds at other than their original issuance, should consult their own tax advisers
regarding other tax considerations such as the consequences of market discount, as to all of which Bond
Counsel expresses no opinion.
Risk of Future Legislative Changes and/or Court Decisions
Legislation affecting tax-exempt obligations is regularly considered by the United States Congress
and may also be considered by the State legislature. Court proceedings may also be filed, the outcome of
which could modify the tax treatment of obligations such as the Series 2015 Bonds. There can be no
assurance that legislation enacted or proposed, or actions by a court, after the date ofissuance ofthe Series
2015 Bonds will not have an adverse effect on the tax status of interest on the Series 2015 Bonds orthe
market value or marketability of the Series 2015 Bonds. These adverse effects could result, for example,
from changes to federal or state income tax rates, changes in the structure of federal or state income taxes
(including replacement with another type of tax), or repeal (or reduction in the benefit) of the exclusion
of interest on the Series 2015 Bonds from gross income for federal or state income tax purposes for all or
certain taxpayers.
For example, recent presidential and legislative proposals would eliminate, reduce or otherwise alter
the tax benefits currently provided to certain owners of state and local govemment bonds, including
proposals that would result in additional federal income tax on taxpayers that own tax-exempt obligations
if their incomes exceed certain thresholds. Investors in the Series 2015 Bonds should be aware that any
such future legislative actions (including federal income tax reform) may retroactively change the treatment
of all or a portion of the interest on the Series 201 5 Bonds for federal income tax purposes for all or certain
taxpayers. ln such event, the market value of the Series 2015 Bonds maybe adversely affected and the
ability of holders to sell their Series 20 1 5 Bonds in the secondary market may be reduced. The Series 201 5
Bonds are not subject to special mandatory redemption, and the interest rates on the Series 2015 Bonds are
not subject to adjustment in the event ofany such change.
Investors should consult their own financial and tax advisers to analyze the importance of these
risks.
Original Issue Discount and Original Issue Premium
Certain of the Series 2015 Bonds ("Discount Bonds") as indicated on the inside cover page of this
Official Statement were offered and sold to the public at an original issue discount ("OID"). OID is the
excess of the stated redemption price at maturity (the principal amount) over the "issue price" of a Discount
Bond. The issue price of a Discount Bond is the initial offering price to the public (other than to bond
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587
houses, brokers or similar persons acting in the capacity of underwriters or wholesalers) at which a
substantial amount of the Discount Bonds of the same maturity is sold pursuant to that offering. For
federal income tax purposes, OID accrues to the owner of a Discount Bond over the period to maturity
based on the constant yield method, compounded semiannually (or over a shorter permitted compounding
interval selected by the owner). The portion of OID that accrues during the period of ownership of a
Discount Bond (i) is interest excluded from the owner's gross income for federal income tax purposes to
the same extent, and subject to the same considerations discussed above, as other interest on the Series
2015 Bonds, and (ii) is added to the owner's tax basis for purposes of determining gain or loss on the
maturity, redemption, prior sale or other disposition of that Discount Bond. The amount of OID that
accrues each year to a corporate owner of a Discount Bond is taken into account in computing the
corporation's liability for federal altemative minimum tax. A purchaser of a Discount Bond in the initial
public offering at the price for that Discount Bond stated on the inside cover page of this Offrcial Statement
who holds that Discount Bond to maturity will realize no gain or loss upon the retirement of that Discount
Bond.
Certain of the Series 2015 Bonds ("Premium Bonds") as indicated on the inside cover page of this
Official Statement were offered and sold to the public at a price in excess of their stated redemption price
at maturity (the principal amount). That excess constitutes bond premium. For federal income tax
pu{poses, bond premium is amortized over the period to maturity of a Premium Bond, based on the yield
to maturity of that Premium Bond (or, in the case of a Premium Bond callable prior to its stated maturity,
the amortization period and yield may be required to be determined on the basis of an earlier call date that
results in the lowest yield on that Premium Bond), compounded semiannually. No portion of that bond
premium is deductible by the owner of a Premium Bond. For purposes of determining the owner's gain
or loss on the sale, redemption (including redemption at maturity) or other disposition of a Premium Bond,
the owner's tax basis in the Premium Bond is reduced by the amount of bond premium that is amortized
during the period of ownership. As a result, an owner may realize taxable gain for federal income tax
purposes from the sale or other disposition of a Premium Bond for an amount equal to or less than the
amount paid by the owner for that Premium Bond. A purchaser of a Premium Bond in the initial public
offering at the price for that Premium Bond stated on the inside cover page of this Officiat Statement who
holds that Premium Bond to maturity (or, in the case of a callable Premium Bond, to its earlier call date
that results in the lowest yield on that Premium Bond) will realize no gain or loss upon the retirement of
that Premium Bond.
Owners of Discount Bonds and Premium Bonds shotrld consult their own tux advisers as to the
determination for federal income tsx purposes of the amount of OID or bond premium properly
uccruable or amortizable in any period with respect to the Discount Bontls or Premium Bonds and as
to other federal tax consequences and the treatment of OID and bond premium for purposes of state and
local tqxes on, or based on, income.
CONTINUING DISCLOSURE
The City will covenant for the benefit of the holders of the Series 2015 Bonds to provide certain
financial information and operating data relating to the Stormwater Utility not later than two hundred forty
(240) days following the end of each Fiscal Year ending September 30, 2015 (the "Annual Report"), and
to provide, or cause to be provided, notices ofthe occurrence ofcertain enumerated events. The Annual
Report and notices of events will be filed with the Municipal Securities Rulemaking Board. Digital
Assurance Certification, L.L.C. ("DAC") will act as disclosure dissemination agent for the City. The
specific nature of the information to be contained in the Annual Report and the notices of events is
contained in "APPENDX G - Form of Disclosure Dissemination Agent Agreement." These covenants
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588
have been made in order to assist the Underwriters in complying with Rule l5c2-12 of the Securities and
Exchange Commission (the "SEC").
During the past five years, the City has complied in all material respects with its undertakings
under SEC Rule l5c2-12(bX5).
Information regarding the Series 2015 Bonds may be found at the DAC intemet site,
"http//www. dacbond. com. "
RATINGS
Moody's Investors Service, Inc. has assigned to the Series 2015 Bonds a rating of " " and
Standard & Poor's Ratings Services has assigned a rating of " " with a "_ outlook." Such
ratings reflect the view of such organizations and an explanation of the significance of such ratings may
be obtained only from Moody's and S&P, respectively. An explanation of the ratings given by Moody's
maybe obtained fromMoody'sati World Trade Center,250 Greenwich Street,23'd Floor, NewYork,
New York 10007, (212) 553-0300. An explanation of the ratings given by S&P may be obtained from
S&P at 55 Water Street, 38'h Floor, New York, New York 10041, (212) 438-2124.
There is no assurance that the ratings provided by Moody's and S&P, respectively, will continue
for any given period of time or that they will not be revised downward or withdrawn entirely by such rating
agencies if, in their judgment, circumstances so warrant. Any such downward revision or withdrawal of
such ratings may have an adverse effect on the market price of the Series 2015 Bonds.
UNDERWRITING
The Series 2015 Bonds are being purchased by Wells Fargo Bank, National Association, Citigroup
Global Markets Inc., J.P. Morgan Securities LLC and Siebert Brandford Shank & Co., L.L.C. (collectively,
the "Underwriters"), subject to certain terms and conditions set forth in the purchase contract between the
City and the Underwriters, including the delivery of opinions on cerlain legal matters relating to the
issuance of the Series 2015 Bonds by Bond Counsel and the existence of no material adverse change in
the condition of the City or the Stormwater Utility from that set forth in the Official Statement.
The Series 2015 Bonds are being purchased at a purchase price of$(which
represents the $principal amount of the Series 2015 Bonds, [plus / minus a net
original issue premium / discount of $,] minus an Underwriters' discount of
$ ). The Series 2015 Bonds are offered for sale to the public at the prices and yields
set forth onthe inside coverpage of this Official Statement. The Series 2015 Bonds maybe offered and
sold to certain dealers at prices lower than or yields highcr than such offering prices and yields. After the
initial public offering, such public offering prices and yields may be changed, from time to time, by the
Underwriters.
Wells Fargo Securities is the trade name for certain securities-related capital markets and
investment banking services of Wells Fargo & Company and its subsidiaries, including Wells Fargo Bank,
National Association. Wells Fargo Bank, National Association ("WFBNA"), one of the Underwriters of
the Series 2015 Bonds, has entered into an agreement (the "Distribution Agreement") with its affiliate,
Wells Fargo Advisors, LLC ("WFA"), for the distribution of certain municipal securities offerings,
including the Series 2015 Bonds. Pursuant to the Distribution Agreement, WFBNA will share a portion
of its underwriting or remarketing agent compensation, as applicable, with respect to the Series 201 5 Bonds
with WFA. WFBNA also utilizes the distribution capabilities of its affiliates, Wells Fargo Securities, LLC
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589
("WFSLLC") and Wells Fargo lnstitutional Securities, LLC ("WFIS"), for the distribution of municipal
securities offerings, including the Series 2015 Bonds. In connection with utilizing the distribution
capabilities of WFSLLC, WFBNA pays a portion of WFSLLC's expenses based on its municipal securities
transactions. WFBNA, WFSLLC, WFIS, and WFA are each wholly-owned subsidiaries of Wells Fargo
& Company. Certain subsidiaries of Wells Fargo & Company (parent company of Wells Fargo Banlg
National Association), have provided, from time to time, investment banking services or commercial
banking services to the City, for which they have received customary compensation. Wells Fargo &
Company or its subsidiaries may, from time to time. engage in transactions with and perform services for
the City in the ordinary course of their respective businesses.
J.P. Morgan Securities LLC C'JPMS"), one of the Underwriters of the Series 2015 Bonds, has
entered into negotiated dealer agreements (each, a "Dealer Agreement") with each of Charles Schwab &
Co., lnc. ("CS&Co.") and LPL Financial LLC ("LPL")") for the retail distribution of certain securities
offerings at the original issue prices. Pursuant to each Dealer Agreement (if applicable to this transaction),
each of CS&Co. and LPL will purchase Series 2015 Bonds from JPMS at the original issue price less a
negotiated portion of the selling concession applicable to any Series 2015 Bonds that such frm sells.
Siebert Brandford Shank & Co., L.L.C., one of the Underwriters of the Series 2015 Bonds, has
entered into a separate agreement with Credit Suisse Securities USA LLC for retail distribution of certain
municipal securities offerings, at the original issue prices. Pursuant to said agreement, if applicable to the
Series 2015 Bonds, Siebert Brandford Shank & Co., L.L.C. will share a portion of its underwriting
compensation with respect to the Series 2015 Bonds, with Credit Suisse Securities USA LLC.
EXPERTS
The references herein to AECOM, as the Consulting Engineers, have been approved by such firm.
The Engineer's Report has been included as APPENDIX B to this Official Statement in reliance upon such
Report and upon the Consulting Engineers as experts in engineering, stormwater system planning and
financial analysis. References to and excerpts herein from the Engineer's Report do not purport to be
adequate summaries of such Report or complete in all respects. The Engineer's Report is an integral part
of this Official Statement and should be read in its entirety for complete information with respect to the
subjects discussed therein.
FINANCIAL STATEMENTS
The Basic Financial Statements of the City for the Fiscal Year ended September 30, 2014 and the
report of Crowe Horwath LLP, independent certified public accountants, in connection therewith, dated
March 30,2015, are included in APPENDIX C as part of the public records of the City. Such financial
statements and report contain information relating to the City and the Stormwater Utility. No separate
financial statements for the Stormwater Utility have been prepared.
The consent of Crowe Horwath LLP was not requested for the reproduction of its audit report in
this Official Statement. The auditor has performed no services in connection with the preparation of this
Official Statement and is not associated with the offering of the Series 2015 Bonds.
FINANCIAL ADVISOR
RBC Capital Markets, LLC, Miami, Florida is serving as Financial Advisor to the City and has
acted in such capacity with respect to the sale and issuance of the Series 2015 Bonds. The Financial
Advisor assisted in the preparation of this Official Statement and in other matters relating to the planning,
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590
structuring and issuance of the Series 2015 Bonds. RBC Capital Markets, LLC did not engage in any
underwriting activities with regard to the issuance and sale of the Series 2015 Bonds.
CONTINGENT FEES
The City has retained Bond Counsel, Disclosure Counsel and the Financial Advisor with respect
totheauthorization,sale,executionanddeliveryoftheSeries2015Bonds. Paymentofthefeesofsuch
professionals and an underwriting discount to the Underwriters (including the fees of Underwriters'
Counsel) are each contingent upon the issuance ofthe Series 2015 Bonds.
DISCLOSURE REQUIRED BY FLORIDA BLUE SKY LAWS
Section 517.051, Florida Statutes, and Rule 3E400.003, Florida Administrative Code, requires the
City to disclose each and every default as to payment of principal and interest after December 31,1975
with respect to obligations issued or guaranteed by the City. Rule 3E400.003 further provides, however,
that if the City in good faith believes that such disclosure would not be considered material by reasonable
investors, such disclosure may be omitted. The City has not defaulted on the payment of principal or
interest with respect to obligations issued or guaranteed by the City after December 37,1975.
AUTHORIZATION CONCERNING OFFICIAL STATEMENT
The delivery of this Official Statement has been duly authorizedby the City Commission. At the
time of the delivery of the Series 2015 Bonds, the Mayor of the City will fumish a certificate to the effect
that nothing has come to his attention which would lead him to believe that this Official Statement, as of
its date and as of the date of delivery of the Series 2015 Bonds, contains an untrue statement of a material
fact or omits to state a material fact which should be included therein for the purpose for which this
Official Statement is intended to be used, or which is necessary to make the statements contained herein,
in the light of the circumstances under which they were made, not misleading.
A limited number of copies of the final Official Statement will be provided, at the City's expense,
on a timely basis.
MISCELLANEOUS
All information included in this Official Statement has been provided by the City, except where
attributed to other sources. The summaries of and references to all documents, statutes, reports, and other
instruments referred to herein do not purport to be complete, comprehensive or definitive, and each such
reference or summary is qualified in its entirety by reference to each such document, statute, report or other
instrument. The information in this Official Statement has been compiled from official and other sources
and, while not guaranteed by the City, is believed to be correct. To the extent that any statements made
in this Official Statement and the appendices attached hereto involve matters of opinion or of estimates,
whether or not expressly stated, they are set forth as such and not as representations of fact, and no
representation is made that any of the estimates will be realized.
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This Official Statement has been duly executed and delivered by the Mayor and the City Manager
of the City of Miami Beach, Florida.
CITY OF MIAMI BEACH, FLORIDA
PHILIP LEVINE, Mayor
JIMMY L. MORALES, City Manager
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APPENDIXA
General Information and Economic Data
Regarding the City of Miami Beach, Florida
and Miami-Dade County, Florida
593
GENERAL INFORMATION REGARDING
THE CITY OF MIAMI BEACH
AND MIAMI-DADE COUNTY, FLORIDA
The following information pertaining to the City of Miami Beach, Florida (the "City") and Miami-
Dade County, Florida (the "County'') is set forth for purposes of providing background information only.
The Series 2015 Bonds are payable only from the Net Revenues of the City's Stormwater Utility, and other
amounts constituting Pledged Revenues, as defined in this Official Statement. The Series 2015 Bonds do
not constitute a debt, liability or obligation or a pledge of the faith, credit or taxing power of the City, the
County, the State of Florida, or any political subdivision thereof.
INTRODUCTION
The City
The City is located on a barrier island surrounded by the Atlantic Ocean to the east and Biscayne
Bay to the west. The City comprises seven (7) square miles of land area and ten (10) square miles of
Biscayne Bay. The City is connected to the mainland by four (4) causeways.
The climate of the City is tropical, with an average annual temperature of 75 degrees Fahrenheit,
24 degrees Celsius. The City is the home of the Art Deco Historic District, consisting of one of the
greatest concentrations of Art Deco architecture in the United States. Within the Art Deco Historic District
is the world famous Ocean Drive, which has been called the "Riviera" of Florida. The economy of the area
is based on tourism. For Fiscal Year 2014, hotel, food and beverage sales accounted for an estimated $2.2
billion in sales within the City. The demographics of the City have drastically changed over the last thirty-
five (35) years. In the 1980 Census, the average age of the City's population was 65.3 years old. That
average declined to 43.7 years of age by the 2000 Census and to 40.3 years of age by the 2010 Census.
Afterthe significant changes between 1980 and 2010, the City's demographics are beginning to stabilize
with a younger, more affluent population. Based on information provided by the U.S. Census Bureau for
2013 (the most recent year for which City estimates are currently available from the U.S. Census Bureau),
the median age in the City was estimated to be 39.3 years of age and the median family income was
estimated to be $52,576.
The County
The County is the largest county in the southeastern United States in terms of population and one
of the largest in terms of land area. The County consists of 2,209 square miles of land area. The
population of the County is clustered mainly along the coastal, eastem areas, with the western area of the
County comprising a part of the Florida Everglades. The County was created on January 18, 1836 under
the Territorial Act of the United States. It included the land area now forming Palm Beach and Broward
Counties, together with the land area of the present Miami-Dade County. In 1909, Palm Beach County
was established from the northern portion of what was then Dade County. In 1915, Palm Beach County
and then Dade County contributed nearly equal portions of land to create what is now Broward County.
There have been no significant boundary changes to the County since 1915. There are thirty-five (35)
incorporated municipalities in the County and the County serves as a municipal government for its
unincorporated areas. ln addition to the City, the municipalities in the County include the cities of Miami,
Hialeah and Coral Gables.
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594
POPULATION
The U.S. Census Bweau estimated the population of the City and of the County to be 91,026 and
2,641,866, respectively, in 2013. For 2014, the population in the County is estimated tobe 2,662,874.
The U.S. Census Bureau population estimates for the City for 2014 have not been released. Projections
by the Nielsen Company, a leading provider of demographic and economic data, provide for the City's
population to grow to 96,484 by the year 2020. Set forth below are general population statistics for the
City and the County and age data relating to the City's population growth.
Population, City of Miami Beach
and Miami-Dade County 1980 - 2014
Calendar Year
City of
Miami Beach
Miami-Dade
Percent Chanse Countv Percent Chanse
1980
1990
2000
2010
2013*
2014*
96,298
92,639
87,933
87,779
91,026
N/A
10.6%
(3.8)
(s.3)
(0.1)
0.4
1,625,598
r,937,094
2,260,000
2,496,435
2,641,866
2,662,874
28.2%
1,9.2
16.7
10.5
5.8
6.7
Source: U.S. Department of Commerce, Bureau of Census.
* Estimated as of July 1,2013 for City population and as of July 1, 2014 for County population. Population
estimates for the City for 2014 are not yet available.
Population Breakdown
City of Miami Beach, 1990 - 2013
Age Group r990 2010 2013*2000
Source: U.S. Department of Commerce,
* 2013 is the most recent year for which
13.4%
86.6
84.1
19.2
39.0
Bureau of Census.
information is available.
Under l8
18 and over
21 and over
65 and over
Median Age:
14.2%
85.8
83. I
23.4
44.5
12.8%
87.2
84.9
16.2
40.3
15.6%
84.4
82.1
16.0
39.3
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GOVERNMENT
The City was incorporated as a municipal corporation on March 26,1915. The City operates under
a Commissionlciry Manager form of government. The City Commission consists of the Mayor and six
(6) Commissioners who serve as the policy-making body of the City. Authority is vested in the City
Commission to enact ordinances, hold public hearings, approve contracts, establish the City's budget and
tax assessments, and authorize construction of all public improvements.
The Mayor and City Commission are elected on a citywide, nonpartisan basis. Elections are held
in odd numbered years, with the Mayor elected to serve two-year terms with a limit of three (3) consecutive
terms. Commissioners are elected to serve four-year terms with a limit of two (2) consecutive terms. City
Commission terms are staggered so that not all Commissioners are up for re-election at the same time. On
a rotating basis, the City Commission selects one (l) of its members to serve as Vice Mayor for a three-
month term. The Mayor, who is the presiding officer at City Commission meetings, may vote on all
matters that come before the City Commission, but has no power of veto. The City Commission appoints
the City Manager, the City Attomey and the City Clerk. All other department heads are appointed by the
City Manager, with the consent of the City Commission.
The City Manager is vested with the responsibility to ensure that policies, directives, resolutions,
and ordinances adopted by the City Commission are enforced and implemented. As the City's Chief
Executive Officer, the City Manager is responsible for providing executive level leadership, vision and
guidance to the organization, providing recommendations to the City Commission and implementing policy
directives in an efftcient and effective manner. In addition, the City Manager is responsible for the daily
operations of the City, preparing and administering the budget, planning the development of the City,
supervising City employees, interacting with citizen groups and other units of govemment, and is otherwise
responsible for the health, safety, and welfare of the residents of and visitors to the City. With the
exception of the City Attomey's Office and the City Clerk's Office, the City Manager has the power to
appoint or remove all heads of the various departments of the City.
SCOPE OF SERVICES
The City provides a full range of municipal services, including police and fire protection,
recreational activities, parks, cultural events, sanitation services, water, sewer and storm water services,
neighborhood and community services, and the construction and maintenance of streets and infrastructure.
ECONOMIC AND DEMOGRAPHIC DATA
Family Income
The estimated median family income for the City has been consistently higher than the median
family income for the County. During the last five years, the median family income for the City has
ranged from being 9.60/" higher than the median family income for the County in 2010 to being 20.7%
higher in 2011.
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Estimated
City of
Calendar Year Miami Beach
Median Family Incomes, 2009 - 2013(r)
Percent Chanee
Miami-Dade
Countv Percent Chanee
2009
2070
20tt
2072
2013Q\
2.3%
(7.1)
12.9
(l.s)
(6.e)
$47,697
46,126
46,57',7
47,382
46,904
(7.8)%
(3.3)
1.0
t.'7
(1.0)
$54,643
50,758
57,318
56,451
52,576
Miami-Dade
County % of U.S.
Source: U.S. Department of Commerce, Bureau of Census.
(l) Amounts are presented in dollars, adjusted for inflation.(2) 2013 is the most recent year for which information is available.
Per Capita Personal Income
Between 2009 and 2013,the estimated per capita personal income for the County increased by 12.9
percent, from $35,329 in2009 to $39,880 in 2013. Such increase is slightly higher than the rate of growth
in the State of Florida, which experienced a per capita personal income growth rate of approximately 1 1.1
percent during the same period, and generally consistent with the rate of growth in the United States, which
experienced a per capita personal income growth rate of approximately 13.7 percent during the same
period.
Per Capita Personal Income, 2009 - 2013(r)
Yea/')
State of
Florida % of U.S.United States
2009
2010
20tt
2012
2013(')
$35,329
36,592
38,242
39,467
39,880
89.7%
91.2
90.3
89.3
89. I
$37,350
38,478
40,215
44,041
41,49',7
94.8%
95.8
95.0
92.9
92.7
$39,379
40,144
4) ?7)
44,200
44,765
Source: U.S. Department of Commerce, Bureau of Economic Analysis/Regional Economic Information System.
(l) Information provided as of the last available update, dated November 20,2014.
(2) Estimates for 2013 are new estimates. Amounts for 2009 through 2012 are revised from estimates previously
provided for such years.
(3) 2013 is the most recent year for which information is available.
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EMPLOYMENT
The following tables provide information relating to the City's labor force and the principal
employers in the County for the fiscal year ended September 30, 2074 and comparative data for the fiscal
year ended September 30, 2005.
City of Miami Beach Employment2009 -2014*
Labor Force 2009 2010 20ll 2012 2013 2014
Labor Force Employed
Labor Force Unemployed
Total Labor Force
Unemployment Rate
42,447
4,315
46,762
9.2Y.
44,129
4,088
48,217
8.5%
46,295
3,237
49,532
6.s%
46,992
3,042
50,034
6.lYo
47,630 49,191
2,477 2,344
50,107 51,535
4.9% 4.5%
Source: U.S. Department of Labor, Bureau of Labor Statistics.
* Data provided for December of each year. [Data for years 2010 to 2014 represents provisional data, which is
subject to change.]
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Employers
Miami-Dade County Public Schools
Miami-Dade County
Federal Govemment
Florida State Government
Jackson Health System
City of Miami
Florida lntemational University
Homestead Air Force Base
Miami VA Medical Center
Miami-Dade College
City of Miami Beach
TOTAL
Percentage
of Total
County
Rank Emplovment
I 2.74%
2 2.08
3 l.5l
4 1.40
5 0.80
6 0.33
7 0.29
8 0.27
9 0.20
l0 0.20
Miami-Dade County
Ten Largest Public Employers
2014 2005
Employees Rank
54,387 I
?) )6< )
20,100 3
18,900 4
I 1,700 5
3,954 8
5,000 7
2,078 9
7,500 6
1,839 l0
157.633
Emplovees
33,477
25,502
19,200
17,100
9,791
3,997
3,534
3,250
2,500
2,390
120J47-9.88%
Source: CityofMiamiBeachComprehensiveAnnualFinancialReportfortheFiscalYearendedSeptember30,2014.
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Emplovers
University of Miami
Baptist Health South Florida
American Airlines
Camival Cruise Lines
Miami Children's Hospital
Mount Sinai Medical Center
Florida Power & Light Co.
Royal Caribbean Intemational
Wells Fargo Bank
Bank of America Merrill Lynch
United Parcel Service
Bellsouth
Winn-Dixie Stores
Precision Response Corporation
Publix Super Markets
Burdines-Macy's
TOTAL
Miami-Dade County
Ten Largest Private Employers
2014 200s
Employees Rank
9,079 2
10,300 1
9,000 3
3,665 g
Emplovees
12,818
I 1,353
I 1,031
3,500
3,500
3,321
3,011
2,989
2,050
2,000
Percentage
of Total
County
Emplorrrnent
1.05%
0.93
0.90
0.29
0.29
0.27
0.25
0.24
0.17
0.16
5,000 4
4,800 5
4,616 6
4,796 7
4,000 g
3,368 10
58.0U.
Rank
I
2
J
4
5
6
7
8
9
10
4.55%
Source: City of Miami Beach Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2014.
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BUILDING PERMITS
The following is a calculation of the total value of the Building Permits issued by the City during
the past ten (10) years.
City of Miami Beach, Florida
Value of Building Permits Issued
Fiscal Years 2005 - 2014
Fiscal Year
Ended
Seotember 30. Number of Permits Total Value
2005
2006
2007
2008
2009
20t0
20tt
2012
2013
2014
12,837
12,226
12,729
11,056
10,277
10,188
I 1,159
12,580
I3,898
13,972
$ 1,235,909,151
1,177,266,348
1,165,346,118
1,109,923,131.
567,660,72r
299,508,078
373,852,763
417,811,132
506,646,472
81 8,83 I ,235
Source: City of Miami Beach Building Department.
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PROPERTY TAXES
The following table summarizes the direct and overlapping tax (millage) rates for the past ten (10)
years. The table reflects the fact that, except during the years when millage rates needed to increase in
response to the significant reduction in assessed values experienced throughout Florida and the United
States during the economic downturn, millage rates in the City have generally decreased during the past
ten (10) years.
City of Miami Beach, Florida
Direct and Overlapping Tax Rates
($1 per $1,000 of Assessed Value)
Fiscal Years 2005 - 2014
City of Miami Beach
Direct Rates Overlapping Rates
School
District County State
Millaee Millaee Millaee Total
Tax Roll Fiscal Year
Year as of Ended Operating
January I September 30 Millaee
Debt Total
Service Direct
Millaee Millaee
200s
2006
2007
2008
2009
2010
20tl
2012
2013
2014
2006
2007
2008
2009
20t0
2011
2012
20t3
2014
20r5
7.4810
7.3740
5.6555
5.6555
s.6555
6.2155
6.1655
6.0909
5.8634
5.7942
0.s920
0.2990
0.2415
0.237s
0.2568
0.2810
0.2884
0.2568
0.2529
0.2295
8.0730
'7.6730
5.8970
s.8930
5.9123
6.5025
6.4539
6.3477
6.tl63
6.0237
8.4380
8. I 0s0
7.9480
7.7970
7.9950
8.2490
8.0050
7.9980
7.9770
7.9740
7.0348 0.7355 24.28t3
6.8083 0.7355 23.3218
5.67 t| 0.6585 20.17 46
5.9263 0.6s8s 20.2148
6.0051 0.6585 20.5709
6.6565 0.6585 22.0665
5.169s 0.4708 20.6992
5.6610 0.4634 20.4701
5.7980 0.4455 20.3368
5.9009 0.4t87 20.3173
Source: City of Miami Beach Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2014 and
Miami-Dade County Property Appraiser's Millage Tables.
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The following table summarizes the tax levies and collections in the City for the past ten (10)
years.
Tax Roll Fiscal Year
Year as of Ended
City of Miami Beach, Florida
Property Tax Levies and Collections
Fiscal Years 2005 - 2014
Collected within
Fiscal Year of Lew
Taxes
Levied for
Collections
in
Percentage Subsequent
Total Collections to Date
Percentage
January I September 30 Fiscal Year Amount of Levy Years Amount of Levy
2004
2005
2006
2007
2008
2009
2010
20rl
2012
2013
2005 $l 10,739,153
2006 135,910,295
2007 165,759,439
2008 150,418,073
2009 150,588,328
2010 139,703,567
2011 136,549,296
2012 734,753,401
2013 739,133,369
2014 143,266,670
$ 97,731,071 88.25%
t32,487,342 97.48
163,120,484 99.41
t45,433,238 96.69
144J21,499 95.94
131,355,903 94.70
128,719,932 94.27
129,572,373 96.76
134,848,787 9s.62
t4r ,557,552 97 .s3
$1,086,183 $ 98,817,254 99.23%
1,814,064 134,301,406 gg.g2
2,145,835 165,266,319 99.70
4,646,716 150,079,954 99.18
4,633,049 148,954,548 98.92
3,550,990 134,906,893 97.26
290,254 129,010,186 94.49
125,152 129,697,525 96.25
3,403,910 139,252,697 99.37
N/A 741,551,552 98.80
Source: City of Miami Beach Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2014 and
Miami-Dade Counfy Property Appraiser's Office.
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The following tables summarize the ten (10) largest taxpayers in the City, the type of properry
owned by such taxpayers and the assessed value ofsuch properfy for the Fiscal Year ended September 30,
2014 and, for comparison, for the Fiscal Year ended September 30,2005.
City of Miami Beach
Ten Largest Taxpayers
Fiscal Year 2014
Percentage of
Taxable City's Certified
Assessed Taxable
Value Assessed ValueTaxpayer
Fountainbleau Florida Hotel LLC
MB Redevelopment Inc. / Lowes Hotel
2201 Collins Fee LLC
Florida Power & Light Company
Di Lido Beach Hotel Corp.
2377 Collins Resort LP
VCP Lincoln Road LLC
Eden Roc LLP
MCZ lCentrum Flamingo II LLC
MCZ lCentrum Flamingo III LLC
TOTAL
Type of Property
Hotel
Hotel
Apartments
Industrial
Hotel
Hotel
Retail
Hotel
Apartments
Apartments
$ 327,513,062
229,900,000
200,811,436
186,802,731
112,960,000
110,925,385
98,000,000
97,429,200
95,590,000
79,860,000
$1J3tu9].&14
1.33%
0.93
0.81
0.76
0.46
0.45
0.40
0.40
0.39
0.32
625%
Source: 2013 Miami-Dade County, Florida Ad Valorem Assessment Roll for the City of Miami Beach and City
of Miami Beach, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September
30,20t4.
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Taxpayer
Loews Miami Beach Hotel
Morton Towers
Fountainbleau Hotel
Sandy Lane Residential LLC
Di Lido Beach Hotel Corp.
Eden Roc Acquisition LP
Shore Club
Morton Towers Expansion
South Gate Apartments
2201 Collins Fee LLC
City of Miami Beach
Ten Largest Taxpayers
Fiscal Year 2005
Twe of Propertv
Hotel
Apartments
Hotel
Hotel
Hotel
Hotel
Hotel
Apartments
Apartments
Apartments
Taxable
Assessed
Value
$143,400,000
I10,675,000
104,449,118
72,230,700
61,900,000
49,500,000
48,500,000
48,325,000
48,000,000
44,s83.667
$?-3L5i3i1$
Percentage of
City's Certified
Taxable
Assessed Value
1.02%
0.79
0.14
0.51
0.44
0.35
0.35
0.34
0.34
0.32
s20%TOTAL
Source: 2004 Miami-Dade County, Florida Ad Valorem Assessment Roll for the City of Miami Beach and City
of Miami Beach, Florida Comprehensive Annual Financial Report for the Fiscal Year Ended September
30,2014.
LOCAL ECONOMY
Tourism is the largest sector of the City's economy, with over $2.2 billion in direct tourist spending
on hotel, food and beverage, and constitutes a large portion of the City's $l billion retail marketplace. In
Fiscal Year 2013, the City's hotels hosted more than 5 million overnight visitors, and approximately 7
million tourists visited South Beach and the Art Deco Historic district. Results reported for Fiscal Year
2014 evidence a continued upward trend.
Hotel room sales in the City for Fiscal Year 2014 increased by 7% from Fiscal Year 2013,
following the 9o/o increase a year earlier, demonstrating the continued strength of the City's lodging market
and its major role in the robust tourist economy of South Florida. The City's hotel room occupancy rates
remained stable in Fiscal Year 2014 at 77o/o, as was the case in Fiscal Year 2013, reflecting continued
absorption of an inventory of hotel rooms that has increased significantly in recent years, from 13,506
rooms at the beginning of 2008 to 17,751 in 2014. This additional inventory has provided the City with
additional hotel room resources and product that is expected to continue to attract future visitors to and
investment in the City. Evidence of the strength of the local economy is the fact that, with the exception
of a de minimis l% decline in the first quarter of 2008, hotel room demand has increased every quarter
from the third quarter of 2007 through the fourth quarter of 2014.
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The City is also a regional destination, with approximately 7 to 9 million day trips by residents of
the surrounding area, making it one of the most popular destinations in Florida. However, in recent years,
the City has diversified beyond its traditional tourism based economy to become a leading multi-industry
business center, with entertainment, health care, culhrre, and professional services industries. The City
serves as host for several major television shows, including Burn Notice (USA), Magic City (Starz) and
Ballers (HBO), and has been the host for several recent feature productions, including Iron Man 3, Step
Up Revolution, Pain & Gain and Ride Along 2. In addition, the City hosted the inaugural eMerge
Americas Conference, showcasing the best and brightest technology innovators and entrepreneurs, including
Rokk3rlabs, a tech hub that is based in the City. In December 2014, the world's most prestigious art fair,
Art Basel, based in Switzerland, celebrated the thirteenth anniversary of its Miami Beach exhibition. Over
250 of the world's leading art galleries participate in Art Basel Miami Beach and an estimated 73,000
intemational visitors attended the 2014 event. Art Basel Miami Beach has increased in attendance and
sales every year since inception.
Retail tenants continue to open locations and expand in the City, joining established operations,
such as Armani Exchange, Kenneth Cole, Urban Outfitters, Diesel, Nicole Miller, Forever 21, H&M and
Gap, which recently opened its new two story location in the City. New retailers that joined the Miami
Beach market in20l4 included Athleta & Intermix, with Lululemon, Zadiqand Voltaire and Kiko Milano
scheduled to join in 2015. As of September 30 2014, Class A office space in prime locations continues
to generate interest, with a vacancy rate at the low level of approximately 9.9%. Such office space is
anchored by corporate tenants, such as LNR Property Corporation, Terranova, and Benetton.
Although there are factors beyond the City's control that have impacted the production of
entertainment projects, the entertainment industry continues as an important part of the City's economy.
The City remains a key location for the production of movies, fashion campaigns and television series.
Many international talent and model agencies have established and continue operations in the City and the
City continues to grow as an intemational destination for major events. In addition to Art Basel Miami
Beach, Design Miami, the South Beach Food and Wine Festival, the Miami Intemational Auto Show, the
South Beach Comedy Festival, the Miami Beach Intemational Boat Show and the Winter Music Conference
continue to provide a strong base for the special events, meeting and trade show segment of the City's
economy.
The City also remains a leader in the real estate industry, as the median price of homes and
condominiums continued to stabilize through 2014. Development in the City continues to grow,
specifically in North Beach, aL area historically overlooked for significant projects by developers. Growth
management initiatives in the late 1990's resulted in more limited supply, somewhat reducing the exposure
of excess new residential inventory that was experienced in some other cities. Since the end of 2008, as
recessionary pressures eased on the economy, the City has experienced quarterly increases of units sold,
and a decline in the number of condominium units for sale, from over 4,000 in early 2008, to 1,470 in
December 2013. In 2014 however, due to rising prices and a strengthening dollar, the sales velocity of the
market has eased, with the condo listing inventory increasing to 3,409 in 2014 from record lows in 2013.
MIAMI BEACH VISITOR AND CONVENTION ACTIVITY
Miami-Dade County and the Miami Beach Convention Center host a large number of conventions
and the City welcomes a large number of ovemight visitors each year. Set forth below is information
relating to convention center attendance and ovemight visitor activity.
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City of Miami Beach, Florida
Convention Center Attendance and Overnight Visitors
Fiscal Years 12004 - 2013 or 2005 - 20141
Convention Center
Fiscal Year Attendance
Ovemight
Visitors
Total Ovemight
Visitor Soendins
2004
2005
2006
2007
2008
2009
20t0
20tt
2012
2013
2014
649,677
707,133
889,695
632,700
708,875
661,625
667,327
589,663
5,143,740
4,894,053
4,963,569
5,383,09i
5,559,409
5,539,010
5,841,672
5,69',7,053
$ 7,889,608,756
7,344,719,992
7,468,633,814
7,524,151,558
8,104,378,579
8,088,739,484
9,207,340,602
10,614,159,967
Source: City of Miami Beach Finance Department.
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Oriein
Tourism and Visitor Activity
Domestic and International Overnight Visitors
Miami-Dade County Fiscal Years [2009 - 2013 or 2010 - 20141
(in 000)
Fiscal Year Ended Seotember 30.
2010 2011 20122009 2013
Domestic Regions
Northeast
Southern
Midwest
Westem
Total Domestic Visitors
International Regions
South America
Caribbean
Central America
Europe
Canada
Other Intemational Regions
Total Int ernational Visitors
Total Overnight Visitors
Expenditures*
Domestic Overnight Visitors
lntemational Ovemight Visitors
Total Expenditures
3,082.0
1,487.9
1,144.0
537.6
6,251.5
2,549.5
682.1
517.3
1,279.0
537.7
I18.8
5.684.4
r tj3ss
$ 5,954.1
1 1,1 56.5
$l_7-Ll-0.6
3,196.0
1,568.5
1,220.6
558.9
6,948.5
2,836.8
688.5
525.1
1,306.5
581.4
I15.8
6,060.1
12.604)
$ 6,484.7
12,428.6
$ 18.913.3
3,362.1
1,700.1
1,291.2
595.1
6,948.5
3,182.9
702.8
537.6
1,324.7
627.9
1 19.8
6,495.7
134442
$ 7,088.7
14.528.6
$ru.
3,423.2
1,7 50.6
1,300.9
600.2
1,014.9
3,435.6
718.8
550.1
1,364.4
640.5
120.3
6,833.7
13.9085
$ 1,482.3
15,183.0
$22.66s.3
3,401.4
1,781.0
1,263.6
641.2
1,087.2
3,737.1
719.2
561.5
1,332.4
660.6
120.9
7 .131.7
142189.
$ 7,839.9
1s,954.1
$23.794.0
Source: Greater Miami Convention and Visitors Bureau.
+ Average Daily Expenditures.
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608
Overnight Visitors by Region
Fiscal Years 12009 -2013 or2010 -20141*
Fiscal Year Ended September 30.Region 2009 2010 20ll 2012 2013
Miami Beach
Downtown Miami
Airport Area
North Miami-Dade/Sunny Isle
South Miami-Dade
Coral Gables
Key Biscayne
Coconut Grove
Doral
Total
45.1%
17.6
tt.4
12.5
2.6
N/A
100%
44.1%
18.7
13.8
9.5
1.3
N/A
100%
41.2%
21.7
13.0
9.8
0.8
0.7
700%
42.0%
t7.6
r7.2
10.0
5.0
4.9
2.7
0.9
0.7
r00%
43.6%
18. l
16.5
10.8
4.7
4.2
1.3
0.5
0.9
100%
5.8
5.7
2.4
5.8
5.4
2.5
3.9
5.1
2.6
Source: Greater Miami Convention and Visitors Bureau.
* Numbers may not add, due to rounding.
TRANSPORTATION
Surface Transportation
The County has a comprehensive transportation network designed to meet the needs of residents,
travelers and area businesses. The County's internal transportation system includes (i) Metrorail , a24.8
mile above-ground, electric rail system connecting South Miami-Dade and the City of Hialeah with the
downtown Miami and civic center areas; (ii) Metromover, a fully automated, 4.4 mile above-ground,
electric rail, double-loop people mover system that carries passengers around downtown Miami's central
business center, south to the Brickell Avenue business and intemational banking centers and north to the
Andrienne Arsht Performing Arts Center and Omni shopping center areas; and (iii) the County's Metrobus
system, which operates over approximately 29.3 million revenue miles per year and provides over 76.8
million passenger trips annually. The County also provides para-transit services to qualified elderly and
handicapped riders. The County's para-transit services supply over 1.68 million passenger trips annually.
In addition, cargo rail service is available from both Miami International Airport and the Port of Miami,
and Amtrak has a passenger station in the City of Miami. Tri-Rail, a 72-mlle train system, links the City
of West Palm Beach, the Town of Boca Raton, the City of Fort Lauderdale, the City of Hollywood and
Miami Intemational Airport.
Miami International Airport
Miami International Airport is one of the busiest airports in the world for both passenger and cargo
traffrc. It ranks twelfth (12'h) in the nation and twenty-fifth (25'h) in the world in passenger traffic and has
the second highest intemational passenger traffic in the United States. The airport ranks third (3'd) in the
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nation and eleventh (l 1'h) in the world in tonnage of domestic and intemational cargo movement. During
Fiscal Year 2014 Miami Intemational Airport handled 40,844,964 passengers and2,187,943 tons of air
freight. More than 88 airlines serve Miami Intemational Airport, flfng passengers to more than 150
destinations around the globe.
Port of Miami
The Port of Miami, known as the "cruise capital of the world," is an island port that encompasses
649 acres of land. It is the world's largest multi-day cruise port and is operated by the Seaport Departrnent
of Miami-Dade County. Embarkations and debarkations on cruise ships totaled over 4.7 million passengers
at the Port of Miami during Fiscal Year 2014. The Port of Miami is currently home to twenty-eight (28)
cruise ships that operate throughout the year. Such ships, owned by eight (8) separate cruise ship
companies, include some of the largest cruise ships in the world.
The Port of Miami is also a hub for Caribbean and Latin American commerce. These countries
accounted for over one-half of the 7.6 million tons of cargo transferred through the Port of Miami during
Fiscal Year 2014. The Port of Miami has also expanded its relationships in the global community. As a
result, trade with the Far East, Asia and the Pacific coast accounted for almost 39o/o of the total cargo
handled at the Port of Miami during Fiscal Year 2014.
RECREATION
There are numerous parks and playgrounds in the City. Each park provides different amenities,
from tennis and bocce courts to swimming pools and tot lots, to Vita courses and barbecue pits. There are
four (4) Vita courses, two (2) public swimming pools, and numerous tennis courts, including the Holtz
Tennis Stadium, which hosts championship, professional and amateur toumaments.
Offshore, the Gulf Stream provides a variety of game fish, while the Miami Beach Marina provides
an abundance of space to house boats as well as direct access to the Atlantic Ocean and the Gulf Stream.
The Marina is a private development on City owned, bay front land in the South Pointe area of the City.
Renovation has increased the number of boat slips to 388, making the Marina a first class facility and the
largest marina in the area.
In the north part of the City, the public can enjoy a leisurely sail in the quiet waters of Biscayne
Bay from the Miami Beach Sailport. The facility, though open to all ages, was specially designed to teach
young adults the basic art of sailing on small prams.
The City owns two (2) championship golf courses that are open to the public. The two (2)
championship courses, Miami Beach Golf Course and Normandy, offer a clubhouse complete with a
restaurant, lounge and pro shop.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
A-17
610
APPENDIX B
City of Miami Beach, Florida Engineer's Report for the
Stormwater Revenue Bonds, Series 2015
611
APPENDIX C
Basic Financial Statements of the City of Miami Beach, Florida
for the Fiscal Year Ended September 30,2014
612
APPENDIXD
The Resolution
613
APPENDIXE
Proposed Form of Opinion of Bond Counsel
614
APPENDIX F
Proposed Form of Opinion of Disclosure Counsel
615
Date of Delivery
City Commission of the
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
City of Miami Beach, Florida
Stormwater Revenue Bonds
Series 2015
Ladies and Gentlemen:
We have served as Disclosure Counsel in connection with the issuance by the City of Miami
Beach. Florida (the "City") of its $in aggregate principal amount of Stormwater Revenue
Bonds, Series 2015 (the "Series 2015 Bonds"). The Series 2015 Bonds are being issued with the terms,
for the purposes and subject to the conditions set forth in Resolution No. 2000-24127 adopted by the
Mayor and City Commission of the City (collectively, the "City Commission") on October 18, 2000 (the
"Bond Resolution"), and Resolution No. 2015-_adopted by the City Commission on April _, 2015
(the "Series 2015 Resolution" and, collectively with the Bond Resolution, the "Resolution"), as described
in the Official Statement dated ,2015 relating to the Series 2015 Bonds (the "Official
Statement'). A11 capitalized terms used in this opinion that are not defined herein and not normally
capitalized shall have the meaning ascribed to such terms in the Official Statement.
In connection with the issuance and delivery of this opinion, we have considered such matters of
law and fact and have relied upon such certificates and other information fumished to us as we have
deemed appropriate. We are not expressing any opinion or views herein on the authorization, issuance,
delivery or validity of the Series 2015 Bonds. To the extent that the opinions expressed herein relate to
or are dependent upon the determination that the proceedings and actions related to the authorization,
issuance and sale of the Series 2015 Bonds are lawful and valid under the laws of the State of Florida, or
that the Series 2015 Bonds are valid andbinding obligations of the City enforceable in accordance with
their terms, or that interest on the Series 2015 Bonds is excluded from the gross income of the owners
thereof for federal income tax purposes, we understand that you are relying upon the opinions delivered
on the date hereof of Squire Patton Boggs (US) LLP and no opinion is expressed herein as to such matters.
The scope of our engagement with respect to the issuance of the Series 2015 Bonds was not to
establish factual matters and, because of the wholly or partially non-legal character of many of the
determinations involved in the preparation of the Official Statement, we are not passing on and do not
assume any responsibility for, except as set forth in the last sentence of this paragraph, the accuracy or
completeness of the contents of the Official Statement (including, without limitation, its appendices) and
we make no representation that we have independently verified the accuracy, completeness or fairness of
such contents. As your counsel, we have participated in the preparation of the Official Statement and in
discussions and conferences with officials of the City, Bond Counsel for the City, the Consulting Engineers
for the City, the Financial Advisors for the City, the Underwriters for the issuance of the Series 201 5 Bonds
and Bryant Miller Olive P.A., Counsel to the Underwriters, in which the contents of the Official Statement
and related matters were discussed.
F-1
616
City Commission of the
City of Miami Beach, Florida
Date of Delivery
Page 2
Solely on the basis of our participation in the preparation of the Offrcial Statement, our examination
of certificates, documents, instruments and records relating to the City and the issuance of the Series 2015
Bonds and the above-mentioned discussions, nothing has come to our attention which would lead us to
believe that the Official Statement (except for the financial, statistical and demographic data and
information in the Official Statement, including, without limitation, the appendices thereto, and the
information relating to DTC, its operations and the book-entry only system, as to which no opinion is
expressed) contains an untrue statement of a material fact or omits to state a material fact that is necessary
to make the statements therein, in light of the circumstances under which they were made, not misleading.
We are also of the opinion that the continuing disclosure undertaking set forth in the Resolution
and in the Disclosure Dissemination Agent Agreement of the City dated , 2015 and
delivered at the closing for the Series 2015 Bonds, satisfies the requirements set forth in Rule 15c2-12(b)(5)
of the United States Securities and Exchange Commission, as such requirements apply to the issuance of
the Series 2015 Bonds.
ln reaching the conclusions expressed herein we have, with your concurrence, assumed and relied
on, without independent verification, the genuineness and authenticity of all signatures not witnessed by
us, the authenticity of all documents, records, instruments and letters submitted to us as originals, the
conformity to originals of all items submitted to us as certified or photostatic copies, the legal capacity and
authority of the persons who executed such items, the accuracy of all warranties, representations and
statements of fact contained in the documents and instruments submitted to us, and the continuing accuracy
on this date of any certificates or other items supplied to us regarding the matters addressed herein. As
to questions of fact material to our opinions, we have relied upon and assumed the correctness of the public
records and certificates by, and representations of, public officials and other offrcers, and representatives
of the parties to this transaction. We have no actual knowledge of any factual information that would lead
us to form a legal opinion that the public records or certificates which we have relied upon contain any
untrue statement of a material fact.
The opinions expressed herein are based upon existing law as of the date hereof and we express
no opinion herein as of any subsequent date or with respect to any pending legislation. We assume no
obligation to supplement this opinion if any applicable laws change after the date hereof or if we become
aware of any facts that might change the opinions expressed herein after the date hereof. The opinions
expressed herein represent our professional judgment, are not a guarantee of result, and are limited to the
laws of the State of Florida and the United States of America.
The opinions expressed herein are fumished by us as Disclosure Counsel to our client, the City,
and solely for the use of the addressee named above. Such opinions shall not extend to, and may not be
relied upon by, any other persons, firms, or corporations without our express prior written consent. The
opinions expressed herein are limited to the matters set forth herein, and to the documents referred to
herein, and do not extend to any other agreements, documents or instruments executed by the City. No
other opinion should be inferred beyond the matters expressly stated herein.
Respectfully submitted,
LAW OFFICES OF STEVE E. BULLOCK, P.A.
F-2
617
APPENDIX G
Form of Disclosure Dissemination Agent Agreement
618
t8t{! THUISDAY. MARCII 25. 2015 t\F MiamiHeEld.com I l,llAr{l IIERALD
r.-,.-,,
---
::. lrr'f,g*; . ] CTTT OF MIAMIBEACH
NOTICE OF SECOND PUBLIC HEARING
NOTICE E HEREBY given that a second reading,/public hearing will be held by the Mayor
and Clty Commisslon of the City ot Miami Beach, Florida, in the Commission Chambers,
3rd Floor, Clty Hall, 1700 Convention Center Drive, Miami Beac+1, Florida, on Wednesday,
Aprll 15, A)15 at 10i4O a.m,, or as soon thereafter as the matter can be heard, to consider
th6 adoption of:
A Resolutlon Of The Mayor And Clty Commlsgon Of The Clty Ol Mtaml Beach, Flortda
Authorizing The lssuance Of Not To Exceed $100,000,m0 ln Aggregate Principal Amount
Of City Of Miami Beach, Florida Stormwats Revenue Bmds, Seri€s 2015, For The Principat
Purpose Of Paying A Part Of The Cost Of Certain lmpovernents To The Stormwater Utility,
Pursuant To Section 209 Oi Resolution No. 2mG24127 Adopted By The Gity On October
18, 2000; Provldlng That Said Serles 2015 Bonds And lnterest Thereon Shall Be Payable
Solely As Provided ln Said Resolutlon No. 2000-24127 And Thls Resoh.rtion; Prwidlng Certain
Detalls Of The Series 2015 Bonds; Delegating Oth€r Details And Matters ln Connectlon With
The lssuance Ol The Series 2015 Bonds, lncluding Whether The Series 2015 Bonds Shall
Not Be Secured By The ReseNe Account And Mrether To Secure A Credit Facility ArrU
Or A Resele Account lnsurance Policy, To The Clty Manager, Within The Umitations And
R€strlctions Stated Horeln; P€rmltting Conditional Optlonal Bedemption Of Th€ Serios 2O1S
Bonds; Appolntlng Undenudterc, A Bond Rogistrar And A Dsclooure Disseminatlon Agent;
Authorizlng Ths Negotated Sal€ Ot The Serios 2015 Bonds And Approvlng The Form Of And
Authorizlng Ths Ex€cutlon Of A Bond Purchase Agreernent; ArnhorElng And Drectlng The
Bond Reglstrar To Authonllcab And DellverThe Series 2015 Bords; Approving The Form Ol
And Dlstrlbution Of A Prelimlnary OfflcialStatemert AndAnOflbiatStatementAndArborizlng
The Execution Of The fficlal Slalement; Provldlng For The Applicatlon Of The Proeeds Ol
The Series Z)15 Bonds And Creatlng Gertain Funds, Accounts And Subaccounls;Arfiorizing
A Bmk-Entry Reglstratlon System With Respect To The S€rles 2015 Bonds; Covenanting To
Provlde Contnulng Dlsclosureln Conn€ctlon Wth The Serles 2015 BondsAnd ApprovlngThe
Form OI And Authorlzlng The Executlon .And Deliwry Of A Continuirg Disclosure Agreement;
Authorizing Officers And Employees O{ The City To Take All Necessary Related Actions; And
Providing For An Effectlve Dale. lnquiries nay be dircctd to the Flnance De@fti,f,nt et
g]/5.6n.7574.
INTERESTED PABTIES are invited to appeal at this meEting, or be represented ry an agent,
or to express their vi€r,s in writing addressed to lhe Cily Commission, e/o the City CleIk,
1700 Convention Center Drlve, 15. Floor, CiV Hall, Miami Beach, Florida gl139. This item is
a/ailable for public inspection during normal business hours in the Office of the City Clerk,
1700 C,onventlon Center Drive, 1d Floor, City Hall, Miami Beach, Florida 33 139. This meeting,
or any item herein, may be contlnued, and under srch circumstancEs, additlonal legal notice
need mt be provided.
Pursuant to Section 286.0105, Fla. Stat., theCity herebyadvise the public that il a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeling or lts hearing, such person must ensure that a wrbatim record ol
the proceedlngs is made, whlch record includ€s the testimony and evidence upon which the
app€al ls to be based. Thls notlc€ does not consthute consent bythe City for the introductlon
ffadnlsslon of othelwlse lnadnissible or irrelevant evidence, nor does it authorize challenges
or appeals not oth€rwbs allow€d by law.
To request thls materlal ln alternate format, sign l:mgu4e hterpreter (ffvday notice Equlrsd),
information on acc€ss for p€rsons wlth dlsabllltles, arrl/or any accommodatlon to rcview any
documenl or particlpate in any clty-sponsored proceedings, call 305.604.2439 and select 1
for Engllsh or 2 for Spanish, then optlon 6; TTY users may call via 71 1 (Florida Relay Service).
Rafud E. Grando, Clty Clerk
Clty of Mlaml Beach
Ad rflt4
Publbh ln Thurcdayb Naighbors Secdon ol The Miami Herald, March 26, 2015.
619
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621
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Authorizing A Change ln The Commission Meeting Date Of Wednesday,
tember 9,2015 To Wednesdav, September 2.2015.
Supports multiple KIO's.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summa ndation:
Section 2.04 of the Miami Beach City Charter states that, "The City Commission shall meet at
such times as may be prescribed by ordinance or resolution." On November 19,2014, the City
Sommission adopted Resolution 2014-28842, setting the dates for the 2015 Commission
neetings. Said resolution set the September 2015 meeting date for Wednesday, September 9,
2015.
Pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the public hearing on the
croposed operating millage rate and tentative budget for FY 2015116 on the same day as the
cudget hearing for Miami-Dade County or the School Board of Miami-Dade County. The School
3oard has announced that it will hold its budget hearing on September 9. Therefore, the
Administration proposes that the Wednesday, September 9, 2015 Commission meeting be moved
:o Wednesday September 2,2015 to avoid a conflict. When selecting September 2,2015 as the
rroposed new meeting date, the Administration took into consideration, amongst otherthings, that
.here were no Federal or Religious holidays that conflict.
Financial lnformation :
Source of I IFunds: t- 1 TNIt- ,-T-I sloBPt I rotat
I
Financial !mpact Summary:
Clerk's Office
Rafael E. Granado, City Clerk
T:\AGENDA\201slApril\CITY CLERK\201S-Commission date change September SUM REG.doc
fiffE$.,A nttu R-l DAAlAfi/tIBEACH mrE Gtf-t(622
r915.2015
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT:
City of Miomi Beoch, .l700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
April 15,2015
City
A RESOLUTION AMENDING R NO.2014.28842, SETTING THE DATES
FOR THE YEAR 2015 COMMI MEETINGS, BY AUTHORIZING A CHANGE IN
THE GOMMISSION MEETING
WEDNESDAY, SEPTEMBER 2,
DATE OF WEDNESDAY, SEPTEMBER 9, 2015 TO
20'15.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Section 2.04 of the Miami Beach City Charter states that, "The City Commission shall meet at such
times as may be prescribed by ordinance or resolution." On November 19, 2014, the City
Commission adopted Resolution 2014-28842, setting the dates forthe 2015 Commission meetings.
Said resolution set the September 2015 meeting date for Wednesday, September 9, 2015.
Pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the public hearing on the
proposed operating millage rate and tentative budget for FY 2015/16 on the same day as the budget
hearing for Miami-Dade County or the School Board of Miami-Dade County. The School Board has
announced that it will hold its budget hearing on September 9. Therefore, the Administration
proposes that the Wednesday, September 9,2015 Commission meeting be moved to Wednesday
September 2,2015 to avoid a conflict. When selecting September 2,2015 as the proposed new
meeting date, the Administration took into consideration, amongst other things, that there were no
Federal or Religious holidays that conflict.
An additional benefit of changing the September Commission date to September 2,2015 is that it will
allow the City additional time to consider placing Charter Amendments and Non-Charter Questions
on the November 3,2015 General Election ballot. The deadline to submit such Election Resolution(s)
to the Supervisor of Elections is no later than September 4, 2015. (See attached LTC # 112-2015.)
As it currently stands, the last regular meeting dates prior to the September 4 Department of Election
deadline are July 8,2015 (Commission Meeting) and July 29, 2015 (Presentation & Awards Meeting).
A change of the September Commission Meeting date to September 2,2015 will give the City an
additional 35 days (from July 29 to September 2) to consider ballot questions for placement on the
November 3,2015 General Election.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the change.
JLM/&)ffiEG@
T:\AGEIIQZ!201S\April\CITY CLERK\2015 - Commission date change September MEMO REG.doc
623
t ^-. ^-.6iI .-rE-,
lI--aIE-lr--
-
l9'15.2015
itt\ i ilri,Al [] [:4i". r- I
OFFICE OF THE CIry CLERK
LTC No. I l2-2Ot 5
TO:Mayor Philip Levine and Members of tffre City Comfnission
FROM: Jimmy L. Morales, City Manager
Raul J. Aguila, City Attorne$"A-
LETTER TO COMMISSION
DATE:
Rafael E. Granado; City Clerk
March 16,2015
SUBJECT: DEADLINES TO PLACE AN |TEM(S) ON THE NOVEMBER 3, 2015 BALLOT
ELEGTION BALLOT DEADLINES
Below are the deadlines to place an item(s) on the November 3 ,2015 City of Miami Beach General Election.
The deadlines must be complied with in order to allow the Miami-Dade County Supervisor of Elections
sufficient time for ballot preparation and to meet State-mandated deadlines to mail absentee ballots to
overseas voters.
DEADLINE TO SUBMIT
RESOLUTION
TO THE SUPERVISOR OF
ELEGTIONS
FOR CHARTER AMENDMENTS
No earlier than
Monday, July 6, 2015
No later than
Friday, September 4, 2015
DEADLINE TO SUBMIT
RESOLUTION
TO THE SUPERVISOR OF
ELECTIONS
FOR NON.CHARTER QUESTIONS
No later than
Friday, September 4, 2415
We are c)mmitted to providlng excellent public service and safety ta all who liva, wot\ and play ln our vlbtant, troplcal, hlstoric comnunlty
624
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 2014.28842, SETTING THE
DATES FOR THE YEAR 20'5 COIIIMISSION MEETINGS, BY AUTHORIZING A
CHANGE IN THE COMMISSION MEETING DATE OF WEDNESDAY,
SEPTEMBER 9, 2015 TO WEDNESDAY, SEPTEMBER 2,2015.
WHEREAS, pursuantto Section 2.04 of the Miami Beach City Charter, the City Commission
shall meet at such times as may be prescribed by ordinance or resolution; and
WHEREAS, on November 19, 2014, the City Commission adopted Resolution 2014-28842,
setting the dates for the 2015 Commission meetings; and
WHEREAS, said resolution set the September 2015 meeting date for Wednesday,
September 9, 2015; and
WHEREAS, pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the
public hearing on the proposed operating millage rate and tentative budget for FY 2015116 on the
same day as the budget hearing for Miami-Dade County orthe School Board of Miami-Dade County;
and
WHEREAS, the School Board has announced that it will hold its budget hearing on
September 9,2015; and
WHEREAS, the Administration proposes that the Wednesday, September 9, 2015
Commission meeting be moved to Wednesday September 2,2015 to avoid a conflict; and
NOW, THEREFORE, BE IT DULY RESOLVED BYTHE MAYORAND CIryCOMTUISSION
OF THE CITY OF ltllAltll BEACH, FLORIDA, that the Mayor and City Commission hereby approve
a change in the Commission meeting date of Wednesday, September 9,2015 to Wednesday,
September 2,2015. (See Exhibit "A.)
PASSED and ADOPTED this _ day of
PHILIP LEVINE, MAYOR
ATTEST:
RAFAEL E. GMNADO, CITY CLERK
T:\AGENDA\201S\April\ClW CLERK\201s-Commission date change September -RESO REG.doc
APPROVED AS TO
FORM & I.ANGUAGE
& FOR E)GCUTION
2015.
MN-
City Attomey Date
625
EXHIBIT "A"
2015 COMMISSION iIEETING DATES
Commission Meetinss
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July 8 (Wednesday)
August - City Commission in recess
@
September 2 (Wednesdav)
October 14 (Wednesday)
November 9* (Monday)
December 9 (Wednesday)
* Meeting(s) for election related items only.
Altern ate ( P r?sent?tionl Meeti n os
January27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September TBA) ld Rdg of Budget
October 21 (Wednesday)
November 23" (Monday)
December 16 (Thursday)
626
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627
lntended Outcome S
Revitalize Key Neighborhoods, Startinq With North Beach And Ocean Drive
rtinq Data (S Environmental Scan, etc: N/A
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR
QUALIFICATIONS (RFO) NO. 2015-086-YG, FOR MASTER PLANNER OF THE NORTH BEACH
DISTRICT.
Item Summa mendation:
The Administration issued RFQ 2015-086-YG to seek the proposals from a qualified master
planner for the North Beach District. The RFQ was approved for issuance by the City Commission
on January 27 ,2015. The RFQ was released on February 3,2015. A pre-proposal conference to
provide information to the proposers submitting a response was held on February 10,2015. On
February 26,2015, the City received proposals from: Cooper, Robertson & Partners Architects
LLP., The lmage Network, lnc., of Delaware d/b/a Dover Kohl& Partners, EDSA, lnc., HKS, lnc.,
Perkins + Will, Zyscovich, lnc.
On March 30, 2015, the Evaluation Committee appointed by the City Manager convened to
consider the responsive proposals received. The Committee was instructed to score and rank the
proposals received pursuant to the evaluation criteria established in the RFQ. The results of the
evaluation committee process were presented to the City Managerfor his recommendation to the
City Commission.
After reviewing the submission and the Evaluation Committee's rankings of proposals received, the
City Manager recommends that the Mayor and the City Commission, pursuant to RFQ No. 2015-
086-YG, for a Master Planner of the North Beach District, authorize the Administration to enter into
negotiations with the top ranked proposer, The lmage Network, lnc., of Delaware, lnc., d/b/a Dover
Kohl & Partners. Should negotiations be unsuccessful with the top ranked proposer, the City
Manager recommends the Administration be authorized to negotiate with the following firms in
order of rank: Zyscovich, lnc., EDSA, lnc., and Perkins + Will. Further, the City Manager
recommends the Mayor and City Clerk be authorized to execute an Agreement upon conclusion of
successful negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Source of
Funds:
Amount Account
1 The cost of the related services, determined upon
successful negotiations, are subject to funds availability
approved throuqh the Citv's budoetino orocess.
2
OBPI
3
Total
Financial lmpact Summary:
Clerk's ative Tracki
T:\AGENDA\201 ENT\RFQ-201 5-086-North Beach District - Summarl
A6Er,rBArefir R7E
Board Recommendation:
Financial Information:
ion 6641
Assistant Ci
g MIAMISTACH orrr U-lJ:/ f628
MIAMIBEACH
City of Miomi Beqch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: APRIL 15,2015
the City mission
MANAGER PERTAINING TO THE RANKING OF PROPOSALS
REQUEST FOR QUALTFTCATTONS (RFO) NO. 2015-086-yG,
PLANNER OF THE NORTH BEACH DISTRICT.
OF THE C!ry
PURSUANT TO
FOR MASTER
ADMI NISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Revitalize Key Neighborhoods, Starting With North Beach And Ocean Drive
FUNDING
The cost of the related services, determined upon successful negotiations, are subject to
funds availability approved through the City's budgeting process.
BACKGROUND
The City has been studying ways to encourage and promote appropriate, redevelopment
activity for the 71st Street Corridor and Ocean Terrace, as well as encourage the preservation
and restoration of contributing buildings in the North Shore and Normandy lsles National
Register Districts. ln addition the City will be looking at appropriate ways to develop the City-
owned "West Lots".
At the request of the Mayor's Blue Ribbon Panel on North Beach the City seeks a qualified
world class consultant to establish a North Beach Master Plan. Once a qualified consultant is
selected, the City expects to work with the consultant to determine the scope of services for
and refined study area for the North Beach Master Plan.
The study area will be the North Beach section of the City, which is located north of 63rd
Street to the northern city limit at 87th Terrace. Major developments have been built and
historic structures have been restored in all parts of the City in the recent past with the
exception of the North Beach area, where investment has been lagging.
RFQ PROCESS
ln order to select a qualified master planner, on January 27, 2015, the City Commission
approved to issue the Request for Qualifications (RFO) No. 2015-086-YG for a Master Planner
of the North Beach District. On February 3, 2015, the RFQ was issued. A voluntary pre-
proposal conference to provide information to the proposers submitting a response was held
on February 10,2015. RFQ responses were due and received on February 26,2015. The City
received a total of six (6) proposals.
629
Commission Memorandum - Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals Pursuant to Request for Qualifications (RFQ) No. 2015-086-YG, for Master
Planner of the North Beach District
April 1 5,2015
Page 2
The City received proposals from the following firms:
Cooper, Robertson & Partners Architects LLP
The lmage Network, lnc., of Delaware d/b/a Dover Kohl & Partners
EDSA, lnc.
HKS, lnc.
Perkins + Will
Zyscovich, lnc.
On March 9,2015, the City Manager via Letter to Commission (LTC) No. 100-20'15, appointed
an Evaluation Committee (the "Committee"), consisting of the following individuals:
. Nancy Liebman, Miami Beach resident and member of Miami Beach United. Daniel Veitia, Miami Beach resident and member of the Mayor's Blue Ribbon Panel on
North Beach Revitalization. Jeff Oris, Director, Economic Development Division, Tourism, Culture And Economic
Development Department. Rogelio Madan, Principal Planner, Planning Department. Josiel Ferrer Diaz, Transportation Coordinator, Transportation Department
The Committee convened on March 30,2015 to consider proposals received and interview the
proposers. The Committee was provided an overview of the project, information relative to the
City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee also
provided general information on the scope of services, references, and a copy of each
proposal. Additionally, the Committee engaged in a question and answer session after the
presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
u &s#'=!{3 ---\ffi,#i*+sffi Daniel
Rankim
Nancy
R .leff Oris
Rogelio Josiel
Ferer R
LOW
AGGREGATE
Rank
lover. Kohl & Patuec 92 98 93 93
Zvscovich 90 2 98 AA aq 5 q,1 2
60 70 q1 q3 1 16
a5 60 74 4 92 2 90 4 17
+(S- lnc.4 60 4 73 5 86 6 83 )t
70 m 6 51 6 qo 4 80 A )7 6
MANAGER'S DUE DILIGENCE & RECOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with the top ranked proposer, The lmage Network, lnc., of Delaware d/b/a Dover,
Kohl & Partners. Should negotiations fail with the top ranked proposer, the City Manager
recommends that the Administration be authorized to enter into negotiations with the second
ranked proposer, Zyscovich, lnc. Should negotiations fail with the second ranked proposer, the
City Manager recommends that the Administration be authorized to enter into negotiations with
the third ranked proposer, EDSA, lnc. Should negotiations fail with the third ranked proposer,
the City Manager recommends that the Administration be authorized to enter into negotiations
630
'r' I
Commission Memorandum - Accepting the Recommendation of the City Manager Pertaining to the
Ranking of Proposals Pursuant to Request for Qualifications (RFQ) No. 2015-086-YG, for Master
Planner of the North Beach District
April 1 5,2015
Page 3
with the fourth ranked proposer, Perkins + Will. Should negotiations fail with the fourth ranked
proposer, the City Manager recommends that the Administration be authorized to issue a new
RFQ.
GONCLUS!ON
The Administration recommends that the Mayor and City Commission hereby accept the
recommendation of the City Manager pertaining to the ranking of proposals, pursuant to
Request for Qualifications No. 2015-086-YG (the RFQ), for Master Planner of the North Beach
District.
JLM/JJ IMT I TM/AD/YG
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631
RESOLUTION TO BE SUBMITTED
632
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633
Gondensed Title:
AResolutionofTheMayorAndCityCommissionofTheCityoftvtlamiBeacrl5rymgThe
Mayor And City Clerk To Execute Change Order No. 4 To The Agreement With Bergeron Land Development, Inc.,
Dated April 30,2014 (The Agreement), Related To The Completion Of Approximately 120 Feet Of Sea Walls And
lmprovements To Alton Court, From 17'n Street To The Collins Canal, As Part Of The Pump Station And Street
lmprovements Presently Under Construction, Further lncreasinq The Cost Of The ment By $1,265,152.
COMMISSION ITEM SUMMARY
At its February 12,2014 meeting, Resolution number 2014 -28498 was adopted by the City Commission, accepting the
findings and recommendation of the City Manager in declaring an emergency, pursuant to Subsection
287.055(9)(c)(6)(a)(1) of the Florida statute, and as permitted, pursuantto Section 2-367(e) of the City Code, waiving,
by 5/7ths vote, the competitive bidding requirement, and authorizing the City Manager to take the following actions: To
procure the necessary emergency design and construction services, pursuant to a negotiated design-build contract for
the remaining stormwater [ump stations for 6th, 1Oth and 14th Streets, with Berjeron Land bevelopment, lnc.
(Bergeron), a Florida Department of Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an
amount not to exceed $1 1 ,250,000 to: 1) Prepare, whether through the City's Public Works Department or through
retention of a outside design consultant, as determined by the City Manager, a Design Criteria Package (DCP) which
complies with the specification set forth under Section 287 .055(2X.1) of the Florida Statue; 2) Upon comptetion of the
DCP, authorizing the City Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the
pQect, with a guaranteed maximum price (GMP) for services; and further, if the City Manager is successful in
negotiating the contract, authorizing the Mayor and City Clerk to execute the contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami Beach, and to improve
the overall stormwater conveyance and discharge, the Public Works Department requested an additional scope of work
to the existing Bergeron contract to repair/replace existing sea walls along the Collins Canal that are currently
deteriorating.
CURRENT STATUS
During the drainage phase of the construction, it was noted that the sea walls along the Collins Canal were overtopped
during recent high tides and as a result, they are deteriorating structurally. The rising sea levels and deterioration of the
sea wall on the north side of the Collins Canal, between Convention Center Drive and Washington Avenue has also
caused additional structural damage to Dade Boulevard and corrective action is required. Public Works staff
recommends that additional drainage structures be added to these sea walls in conjunction with the Alton Road
lmprovement, in order to minimize future construction impacts of this neighborhood.
Public Works is submitting a request to execute Change Order No. 4, for additional scope of services to be performed
by Bergeron (A'fTACHMENT) along the Collins Canal. The work shall include the replacement of City owned sea walls
and other aspect of a typical neighborhood improvement such as sidewalks. The City staff has negotiated the additional
scope of work with Bergeron in the amount of $1,115,152, plus a $'150,000 contingency, for a total amount of
$1,265,152.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisorv Board Recommendation:
Financial lnformation :
Source of Amount Account Approved
Funds;r^ \ t 1 985,996 1 87-2950-069357
AJ,l).
'4-
I 2 279.156 384-2950-069357\-/
OBPI lTota! I 1,265,152 I I
Financial !mpact Summary:
Clerk's Office lative Trac
T:\AGENDA\201 S\April\PUBLIC WORKS\Bergeron CO No tf .Summary.doc
& nnIAAAIRtrACH
!!eqr Summary/Recommendation :
Eric Ca Public Works X6012
Assistant Citv Man
Agenda ltem nl Fo"t"lr4FjF634
@ MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City C
Jimmy L. Morales, City Manager
April 15,2015
A RESOLUTION OF THE MAY AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE CHANGE ORDER NO. 4 TO THE AGREEMENT WITH
BERGERON LAND DEVELOPMENT, tNC., DATED ApRtL 30, 2014 (THE
AGREEMENT), RELATED TO THE COMPLETTON OF AppROXtMATELy 120 FEET
OF SEA WALLS AND TMPROVEMENTS TO ALTON COURT, FROM 17TH STREET
TO THE COLLINS CANAL, AS PART OF THE PUMP STATION AND STREET
IMPROVEMENTS PRESENTLY UNDER CONSTRUCTION, FURTHER
INCREASING THE COST OF THE AGREEMENT BY $1,265,152.
ADMINISTRATION RECOMM ENDATION
The Administration recommends adopting the Resolution.
TO:
FROM:
DATE:
SUBJECT:
FUNDING
FY 2014t15
Amount
$ 985,996
Account Number
187-2950-069357
$ 279.156 384-2950-069357
$1 ,265,152 Total
BACKGROUND
At its February 12, 2014 meeting, Resolution number 2014-28498 was adopted by the City
Commission, accepting the findings and recommendation of the City Manager in declaring an
emergency, pursuant to Subsection 287.055(9Xc)(6)(aX1) of the Florida statute, and as
permitted, pursuant to Section 2-367(e) of the City Code, waiving, by 5/7ths vote, the
competitive bidding requirement, and authorizing the City Manager to take the following actions:
To procure the necessary emergency design and construction services, pursuant to a
negotiated design-build contract for the remaining stormwater pump stations for 6th, 1Oth and
14th Streets, with Bergeron Land Development, lnc. (Bergeron), a Florida Department of
Transportation (FDOT) contractor for the Alton Road lmprovements Project, in an amount not to
exceed $11,250,000 to: 1) Prepare, whether through the City's Public Works Department or
through retention of a outside design consultant, as determined by the City Manager, a Design
635
Commission Memorandum -Bergeron pump sfaflons lmprovements - Change Order No. 4
Page 2 of 3
Criteria Package (DCP) which complies with the specification set forth under Section
287.055(2)O of the Florida Statue; 2) Upon completion of the DCP, authorizing the City
Manager to negotiate and, if successful, execute a design-build contract with Bergeron for the
project, with a guaranteed maximum price (GMP) for services; and further, if the City Manager is
successful in negotiating the contract, authorizing the Mayor and City Clerk to execute the
contract.
As a continuation of the initiative to protect residents from tidal flooding within the City of Miami
Beach, and to improve the overall stormwater conveyance and discharge, the Public Works
Department requested an additional scope of work to the existing Bergeron contract to
repair/replace an existing sea walls along the Collins Canal that are currently deteriorating.
CURRENT STATUS
During the drainage phase of the construction, it was noted that the sea walls along the Collins
Canal were overtopped during recent high tides and as a result, they are deteriorating
structurally. The rising sea levels and deterioration of the sea wall on the north side of the
Collins Canal, between Convention Center Drive and Washington Avenue has also caused
additional structural damage to Dade Boulevard and corrective action is required. Public Worksstaff recommends that additional drainage structures be added to these sea walls in
conjunction with the Alton Road lmprovement, in order to minimize future construction impacts
of this neighborhood,
Public Works is submitting a request to execute Change Order No. 4, for additional scope of
services to be performed by Bergeron (ATTACHMENT) along the Collins Canal. The work shall
include the replacement of City owned sea walls and other aspect of a typical neighborhood
improvement such as sidewalks.
Items being considered are:
. As part of the DCP, the proposed project is to be carried out simultaneously with the
FDOT's Alton Road Project. To fulfill this request, Bergeron will incur additional
mobilizations and magnify its resource procurement efforts as the Alton Road Project is
currently under an accelerated schedule and will remain under a constricted schedule
through August of 2015.
o lt is also to the best interest of the City that the proposed improvements are completed
simultaneously with the Alton Road Project. However, this will demand considerable
amount of additional resources from the Design/Build Team.
. The sea wall at the 17th Street Pump Station (Exhibit A), will be a concrete pile and panel
sea wall in front of the existing sea wall. The cap will be wide enough for the proposed
"CanalWalk." This section is approximately 70 Linear Feet (LF).
o The sea wall at the Alton Court Area (Exhibit B), will be a concrete pile and panel sea
wall in front of the existing sea wall. The cap will be wide enough for the proposed
"CanalWalk." This section is approximately 50 LF.
636
Commission Memorandum -Bergeron pump sfafions lmprovements - Change Order No. 4
Page 3 of 3
o Alton Court adjustment, includes removing and replacing underground utilities and
raising the roadway meet the elevations of 17tn Street that is presently under
construction.
The City staff has negotiated the additional scope of work with Bergeron in the amount of
$1 ,1 15,152, plus a $150,000 contingency, for a total amount of $1 ,265,152.
CONCLUSION
The Administration recommends adopting the Resolution.
JLM/MT/ETC/BAM/FRS
T:\AGENDA\201 s\April\PuBLIC WORKS\Bergeron CO No {.MEMO.docx
637
r-)-!rYftfrIfiDt,''l__,
LAND DEVELOPMENT,INC.
April3, 2015
To: Bruce Mowry, PhD
City Engineer, City of Miami Beach
Subject Seawall and Pedestrian Bridge Proposal
Mr. Mowry,
Bergeron Land Development is pleased to present the following proposal for work on Miami Beach:
This proposal offers the installation of Seawalls along the 176 Street pump station, Alton Court and along Dade
Blvd between Convention Center Drive and Washington Avenue. The proposal also includes a Pedestrian Bridge
and associated seawall. The estimated proposed work is valued at $4,725,000.00. The works to be performed w-ithin
6 months of full permit approval (see attachment for full description) and associated costs are aetaitea bebw:
I ) I 7m Street Pump Station Seawall (Exhibit A) S366,240.00
This quote involves the installation of a new concrete panel seawall along Collins Canal approximately
70LF long. There will be a sidewalk and a cap that encapsulates the seawall.
2) Alton Court Seawall (Exhibit B) $261,600.00
Price includes the installation of a new concrete panel seawall with a cap, at Alton Court and Collins Canal.
Approximately 50 LF of seawall.
3) Convention Center Seawall (Exhibit C) $2,558,801.40
Quote includes the installation of a new concrete panel seawall along Collins Canal, between Convention
Center Drive and Washington Avenue on the North Side. Approximately l0 l0 LF of seawall.
4) Alton court Adjustment (between l7m st. and collins canal) $4g7,31 1.70
This quote involves the reconstruction of Alton Court between 17fi and Collins Canal.
5) Pedestrian Bridge and Seawall (Exhibir D) SI,051,046.90
Price includes installing a concrete pedestrian bridge from Lincoln Cotut to Dade Blvd. New concrete
panel seawall will be placed in front ofthe existing seawall on the South. Approximately 100 LF of
Seawall.
All dates are based on an award of no later than May l, 2015.
Ifyou have any questions please feel free to contact me.
,d,9{U/,(
Chad Widup
Operations Director
Bergeron Land Development
638
Page 2 of3
STAIIDARD TERMS AND CONDITIONS
l. Unless otherwise stated in this proposal, bond is not included.
2. Unless otherwise stated in this proposal testing, testing fees are by others.
3. Permit fees by others.
4. All material is guaranteed to be as specified.
5. All work to be completed in a workmanlike manner according to standard practices.
6. Any alteration or deviation from above specifications involving extra costs, will be executed only upon
written orders, and will become an extra charge over and above the proposal.
7- All agreements contingent upon sftikes, accidents or delays beyond our control.
8. Unless otherwise indicated in writing this proposal expires Thirry (30) days from date of quote if not
accepted in uriting before that time. At the sole option of Bergeron Land Development, Inc. (Hereinafter
Bergeron), this proposal may be extended for additional periods of time.
9. It is expressly agreed that there are no promises, agreements, or understandings not set out in this proposal.
This is a guaranteed max price proposal based on the items included by Bergeron. Any subsequent cancellations or
modifications must be mutually agreed upon in writing.
10. Changes in labor classification or assignment of work by anyone other than Bergeron will establish a basis
for renegotiation of prices set forth in this contract. At the sole option of Bergeron, this pioposal may be canceled in
the event that said changes or assignment occur or in the event that saia rene[otiation is'deemed unsatisfactory by
Bergeron.
I 1. In the event of a misunderstanding or conflict between the terms and conditions stated in the plans and
specifications, this proposal shatl govern.
12. Unless a time for the performance of Bergeron's work is specified, Bergeron shall undertake its work in the
course of its norrnal op€rating schedule. Bergeron shall not be liabie for any failure to undertake or complete work
due to causes beyond its conEol, including but not limited to fire, flood, or other casualty, labor disputes, accidents
and Acts of God, whether directly or indirectly affecting this wort or other operations in which Bergeron is
involved.
13. Unless otherwise agreed herein, payment tems are net cash, upon receipt of Bergeron's invoice. All monies
not paid when due bear interest at the maximum rate allowed by law at'the project.
14. If an agent and./or attorney is employed by Bergeron for collection of any delinquent pa)rment, Customer
agre€s to PaY, h additionro the service charge, all fees for the services ofsuch agent and/or rtio*"y (including butnot limited to, all fees and costs incidental to any appeals) together with all costslcharges and expenses, regaoJiess
ofwhether or not suit be brought.
15. This proposal and agre-ement shall be governed by the laws of the State of Florida without regard toprinciples of conflicts of laws. Venue of all proceedings shatl be in Broward County, Florida and Customer waiveswhatever rights it may have in the selection of venue and hereby consents to jurisdi;tion.
639
Page 3 of3
INCLUSIONS
l. The installation of approximately I100 lf of seawall on the North side of Collins Canal from Convention
Center Drive to the corner of Washington Ave and Dade Blvd.
2. This includes backfilling behind the sea wall and re-grading slope adjacent to Dade Boulevard.
3. Sodding disturbed areas.
4. Surveying and As-builts included.
5. Anticipated duration for project is 6 months after permits and notice to proceed.
6. Demolition of existing guardrail, trees and asphalt based on foundation footprint.
7. The installation ofpiles and foundation.
8. Installation of pre-fabricated pedestian bridge.
9, Installation of approach slabs.
10. The installation of sidewalk and restoration of asphalt pavement and sod.
EXCLUSIONS
l. Landscaping.
2. Lighting
3. Any excess material that is not contaminated will be placed at a location of the City's choosing within 5
miles of the worksite.
4. Protection of existing utilities.
5. Permitting
6. Any cost associated with possible contamination.
7. Cost to hannonize with existing parking lots or driveways.
8. Accelerated working hours.
9. Mitigation costs
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as
specified. Payment will be made fifteen days after approved invoice is received.
SIGNATURE:
DATE:
These prices are firm for 30 DAYS AFTER BID DATE.
640
641
642
643
RESOLUTION TO BE SUBMITTED
644
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645
R7 - Resolutions
R7G A Resolution Creating, Subject To The Approval Of A Majority Of The Affected Property
Owners, A Special Assessment District To Be Known As The Lincoln Road Business
lmprovement District, For A Period Of Ten (10) Years, To Stabilize And lmprove The
Lincoln Road Retail Business District, Which ls Located Within A Nationally Recognized
Historic District, Through Promotion, Management, Marketing, And Other Similar
Services; Providing For The Levy And Collection Of Special Assessments; lndicating
The Location, Nature, And Estimated Cost Of Those Services Whose Costs Are To Be
Defrayed By The Special Assessments; Providing The Estimated Cost Of The Services
To Be Defrayed By The Special Assessments; Providing The Manner ln Which Such
Special Assessments Shall Be Made; Providing When Such Special Assessments Shall
Be Made; Designating The Lands Upon Which The Special Assessments Shall Be
Levied; Providing For Publication Of This Resolution; And Authorizing Related Actions.
(Office of the City Attorney)
(ltem to be Submitted in Supplemental)
Agenda ltem fl? -r-
oate ?-/ S-/ f646
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647
R7 - Resolutions
R7H A Resolution Approving And Authorizing The Mayor And City Clerk To Execute
Amendment No. 5, To The Existing Professional Services Agreement Between The City
Of Miami Beach And Schwebke-Shiskin & Associates, lnc. For Additional Pump Station
Design Modifications Plus Extended Resident Project Representative And Construction
Administration Services For Twenty Additional Months, For The Venetian lslands Bid
Package 13C Right-Of-Way Neighborhood lmprovement Project; ln The Negotiated Not-
To-Exceed Amount Of $665,962 Plus An Amount Of $500 For Reimbursables; For A
TotalAmount Of $666,462; With Previously Appropriated Funding ln The Capital Budget
From Fund 304 - Capital Reserve.
(Capital I m provement Pro.lects)
(ltem to be Submitted in Supplemental)
Agenda ttem R1HDate ({-t s-(r648
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649
R7 - Resolutions
R7l A Resolution Approving And Authorizing The Mayor And City Clerk To Execute A New
Employment Agreement With City Clerk Rafael E. Granado For A Three (3) Year Term,
Commencing On May 1 ,2015, And Ending On April 30, 2018.
(Office of the City Attorney)
(ltem to be Submitted in Supplementa!)
Agenda ltem r?7-fDate V-fSIf650
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651
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
652
r.-,.-.
I.-l-
BOARD OR COMMITTEE:
Ad Hoc Committee Centennial Celebration
APPOINTED BY:
Commissioner Joy Malakoff
TOTAL VAC Page #
11
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
From: Rafael E. Granado, City Clerk
Date: April 1 5,2015
Subject: BOARDS AND COMMITTEES
ADMINISTRATION RECOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments.
TOTAL MBRS.
7
Affordable Housing Advisory Committee 1B City Commission
Board of Adjustment City Commission
Budget Advisory Committee City Commission
Committee on the Homeless Commissioner Deede Weithorn
Disability Access Committee t414Commissioner M icky Steinberg
Gay, Lesbian, Bisexual and Transgender
(GLBr)
15 Commissioner Deede Weithorn 15
Health Advisory Committee City Commission 16
Hispanic Affairs Committee Commissioner M icky Steinberg 1B
Historic Preseruation Board City Commission 19
Housing Authority Mayor Philip Levine 20
Marine and Waterfront Protection Authority Mayor Philip Levine
Commissioner Ed Tobin
t4 1
1
2t
2t
Miami Beach Commission For Women 27 Commissioner Ed Tobin 25
Agenda ltem
Date653
Miami Beach Cultural Arts Council 11 City Commission 27
Miami Beach Human Rights Committee ZB
28
11 City Commission
Mayor Philip Levine
1
1
Planning Board City Commission
Production Industry Council Mayor Philip Levine
Tra nsportation, Pa rking, Bicycle-Pedestria n
Facilities Committee
Mayor Philip Levine
Commissioner Ed Tobin
40
40
F:\CLER\BOARD AND COMMITTIES OATABASE\COMMISSION
MEMO\08 Commission Memorandum For Vacancies By Board
And Committees.Doc
654
VACANCY REPORT
Board of Adjustment
Budget Advisory Com mittee
Health Advisory Committee
Historic Preservation Board
Miami Beach CulturalArts Council
Miami Beach Human Rights Committee
Planning Board
Committee on the Homeless
Gay, Lesbian, Bisexual and Transgender (GLBT)
Affordable Housing Advisory Committee 7
1
1
4
1
1
1
1
18
7
I
12
7
11
11
7
9
15
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
1
2
1
14
21
8
Ad Hoc Committee Centennial Celebration
Disability Access Committee
Hispanic Affairs Committee
1
1
14
7
Housing Authority
Marine and Waterfront Protection Authority
Miami Beach Human Rights Committee
Production lndustry Council
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
1
1
1
1
1
5
14
11
7
8
Monday, April06,2015
655
r.-L, .-,---
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, 201b'(subject to
earlier or later sunset by the City Commission). Pursuant to Resolution 2014-28531 adopted on March 5,2014, the committee
was extended through July 31 ,2015.
City Liaison: Max Sklar
Vacancy:
Vacant
Members:
0713112015 CommissionerJoyMalakoff 12131t2022
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Carmen
(Maria)
George
Jay
Ray
Reagan
Sheila
Lopez
Neary
Dermer
Breslin
Pace
07t31t2015
07t31t2015
07t31t2015
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah M.
Wolfson
0713112015 CommissionerMichaelGrieco
0713112015 Mayor Philip Levine
0713112015 Commissioner Ed TobinLehrman
Applicants
Brian Falk
Dr. Barry Ragone
MerylWolfson
Applicants
Dennis Mouyios
Lisa Almy
Tuesday, April 07,2015 1 of42656
r.-,.-.---=F::
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 mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
1. 9n" citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6, one citizen actively engaged as a not-for-profit provider of atfordable housing;
Z. 9n" citizen actively 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 S163.4174 (planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10. One citizen who represents employers within the jurisdiction;
11. One citizen who represents essential services personnel, as defined in the local housing assistance plan.
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 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
(6) Not for Profit
(4) Low-lncome Advocate
(8) Actively Serves on Local
Planning Agency
(2)Actively Engaged in
Banking/Mortgage I ndustry
(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
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
12t31t2018
12t31t2016
12t31t2014
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alexander
Allison
Jane
Orlofsky
Stone
Hayes
12t31t2015
12t31t2016
12t3112015
Commissioner Micky Steinberg
City Commission
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2020
12t31t2021
2of42Tuesday, April 07,2015
(5) For Profit Provider
657
r.-,
-.---
===:
Boards and Committees Current Members
Flrst Name Last Name Position/Title: Term Ends: Appointed by:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Herrup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
1213112015 CommissionerJoyMalakoff
1213112016 Commissioner Ed Tobin
1213112015 CityCommission
1213112016 Mayor Philip Levine
1213112016 CityCommission
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichael Grieco
1213112015 CityCommission
12t31t2021
12t31t2022
12t31t2015
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t312A19) Real Estate Professional
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Juan Rojas
Prakash Kumar
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Lawrence Raab
Stephanie Berman
Tuesday, April 07,2015 3of42658
r--,.-.I--
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 appointed by a majority of the entire City Commission, and who shall possess a high degree of
competence in evaluation of art history and architectural history, art, architecture, sculpture, painting, artisticltructure design and
other 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
12t31t2019
12t31t2018
Applicants
Adrian Gonzalez
Alexander Orlofsky
Calvin Kohli
Cindy Brown
Elizabeth Schwartz
Francinelee Hand
Keren Bajaroff
Leslie Tobin
MichaelMcManus
Mirta Limonta
Scott Robins
Vanessa Menkes
Applicants
Adrienne Krieger
Allee Newhoff
Carolyn Baumel
Dale Stine
Eric Montes de Oca
Francis Trullenque
Laura Levey
Marjorie O'Neill-Buttler
Michelle Ricci
Monica Matteo-Salinas
Susan Schemer
Veronica Camacho
Tuesday, April 07,2015 4of42659
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Boards and Committees Current Members
Audit Committee FS 218.391 & 218.39
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 selecting an auditor io
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
Weithorn
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
12t31t2017
12t31t2015
12t31t2015
12t31t2417
12t31t2015
12t31t2017
12t31t2015
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Deede Weithorn
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
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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, Aichitecture, Engineering, Real Estate
Development, Certified Public Accountant, Financial Consultation, and General Business. The mlmbers-representing the
professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member
representing general bu,siness shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial Planner, a Chartered
Financial Consultant or investment advisor registered with the Securities and Exchange Commission, or someone recognized as
having similar credentials and duly licensed by the State of Florida.
Members shall be appointed for a term of two years by a 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
Vacancy:
To replace Richard Preira Law
Members:
1213112016 CityCommission 12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Barton Goldberg FinancialAdvisor
Bryan Rosenfeld TL CPA
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
Heidi Tandy
Larry Colin
Noah Fox
At-Large
Genereal Business
RealEstate Developer
12t31t2019
12t31t2015
12t31t2019
12t3112019
12t31t2018
12t31t2019Richard Baron At-Large 12t91t2016 City Commission
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
GabrielPaez
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Nelson Fox
Ray Breslin
Roberta Gould
Victor Ballestas
Applicants
Bradley Colmer
David Wieder
Frank DelVecchio
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Muayad Abbas
Ray Breslin
Richard Alhadeff
Seth Frohlich
Tuesday, April 07,2015 6of42661
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Boards and Committees Current Members
Budget Advisory Committee Sec.2-44
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1)appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financialadvisor.
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 ArchivLs" website is
located at http://miamibeachfl. gov/cityclerUscroll.aspx?id=7 2497
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
Members:
CPA 1213112016 CityCommission
First Name Last Name Positionffltle:Term Ends:Appointed by:Term Limit:
Brian
David
Dushan
Jack
John
Jonathan
Julio
Ronald
Harris
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
Starkman
Financial Advisor 1213112016 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112016 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMickySteinberg
12t31t2019
12t31t2018
12t31t2015
12t31t2015
12t31t2016
12t31t2022
12t31t2021
12t31t2021
Applicants
Brett Harris
Carl Linder
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
Tuesday, April 07,2015 7of42662
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Boards and Committees Current Members
Committee for Quality Education in Miami Beach Sec.2-190.134
Composition:
The Committee shall consist of fifteen ('15) voting members and three non-voting ex-officio members to be comprised as follows.
A representative from each of the following eight schools, selected by the Parent Teacher Association:
North Beach Elementary,
Biscayne Elementary,
Feinberg-Fisher K-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 Posltion/Title: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
12t31t2015
12t31t2016
12t31t2016
12t31t2015
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Joy Malakotf
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2016
12t31t2021
12t31t2015
12t31t2022
12t31t2022
12t31t2018
PTA Representative-Nautilus
Middle School06,30.15
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
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Boards and Committees Current Members
First Name Last Name Positionffitle: Term Ends: Appointed by: Term Limit:
Tamar Oppenheimer PTA Rep. - Ruth K. Broad K-8
06.30.1s
Dr. Leslie Rosenfeld ACM/City Manager designee
Applicants
Dr. Elsa Orlandini
Joanna-Rose Kravitz
Kristen Rosen Gonzalez
Tashaunda Washington
Applicants
Eric Montes de Oca
Keren Bajaroff
Laurie Kaye Davis
Tuesday, April 07,2015 9of42664
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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;
Civic Representation: North Beach (North Beach Development Corporation),41st Street (Middle Beach Partnership), Lincoln
Road(Marketing Council), Washington Avenue (Miami Beach Development Corporation and/or Washington Avenue Task Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South Pointe (South Pointe Advisory
Board to the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
froject Coordinator (ESG Emergency Shelter Grant Provider), City officials, representative from the Police Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfinkel
Vacancy:
To replace Rachael Zuckerman
Members:
1213112015 CommissionerDeedeWeithorn 12131t2017
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Calvin
Daniel
Debra
Freddy
Gail
Jonathan
Lior
Kohli
Nagler
Schwartz
Funes
Harris
Kroner
Leser
Fluke
12t31t2A16
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
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
12t31t2022Monica
Applicants
Dale Gratz
Eda Valero-Figueira
Magui Benitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Zeiven Beitchman
Philip Levine
Applicants
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Valerie Navarrete
Tuesday, April 07,2015 10 of 42665
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Boards and Committees Current Members
Convention Center Advisory Board
Composition:
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall 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 shallserve as non-voting ex-officio members.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Sec.2-46
David
Elizabeth
Joshua
Matt
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 CommissionerDeedeWeithorn
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerJoyMalakoff
1213112015 Mayor Philip Levine
12t31t2022
12t31t2020
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
Ex-officio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-officio, Global Spectrum
Admin. Rep.
Applicants
Barbara Gotlinsky
Gayle Durham
James Weingarten
Keren Bajaroff
Lee Zimmerman
Mark Wohl
Nawaz Gilani
Applicants
Carl Linder
Howard Weiss
Karen Brown
Lawrence Raab
Mark Wylie
Michael Bernstein
Victor Ballestas
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Boards and Committees Current Members
Design Review Board Sec. 118.7'1
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 oi tfre nisiory ot
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 urbanplanning, 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 iesigners aircilor professionil urban planners shall be residents of the iity.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Members:
Ex-Off icio/Disabil ity Access
Committee
First Name Last Name Posltion/Title:Term Ends:Appointed by:Term Limit:
Annabel
Carol
Deena
Elizabeth
John
Kathleen
Michael
Eve
Thomas
Delgado-
Harrington
Housen
Bell
Camargo
Turchin
Phang
Steffens
Boutsis
Mooney
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
12t31t2020
12t31t2019
12t31t2019
12t31t2019
12t31t2020
Registered Architect
At-large
Landscape Architect
Registered Architect
At-Large
Attorney
Registered Architect
Advisory/City Attorney
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
Deborah Castillo
Jean-Francois Lejeune
Tuesday, April 07,2015
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Kahn
Francinelee Hand
Jeffrey Feldman
12 of 42667
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Boards and Committees Current Members
Jeffrey Cohen
Joseph Furst
Matthew Krieger
Seth Frohlich
Stacy Kilroy
Terry Bienstock
victor Ballestas
Jessica Conn
Marina Novaes
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Morales
Tuesday, April 07,2015 13 of 42668
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Boards and Committees Current Members
Disabi ! ity Access Committee
Composition:
The Committee shall be composed of:
A board guorum 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) deal 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).
S) OE 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 fortli 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
First Name Last Name Position/Title:Term Ends:Appointed by:
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2015
Commissioner Deede Weithorn
Commissioner Joy Malakotf
Commissioner Michael Grieco
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
Term Limit:
12t31t2015
12t31t2020
12t31t2021
12t31t2019
12t31t2018
12t31t2021
12t31t2021
12t31t2022
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
New TL
McCauley
Orlandini
Solman
Swartz
Fuller
Benrand
Koller
Meyer
Stern
Hartstein
Cohen
Unger
12t31t2016
1213112015 Commissioner Ed Tobin 12t31t2020
1213112016 CommissionerMichaelGrieco 12t31t2021
1213112015 Mayor Philip Levine 12t31t2019
1213112016 Commissioner Ed Tobin 12t31t2017
Applicants
Allison Stone
Jarred Relling
Zachary Cohen
1213112016 Mayor Philip Levine
Applicants
Britta Hanson
RafaelTrevino
12t31t2016
Tuesday, April 07,2015 14 of 42669
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Boards and Committees Current Members
Gay, Lesbian, Bisexual and Transgender (GLBT)
Composition:
The Committee shall consist of fifteen (15) voting members, with three (3) members to be direcfly 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 serve on the Committee, with any additional members (as required to iomplete 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:
1213112015 CommissionerDeedeWeithorn 1213112018
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
12t31t2419
12t31t2017
12t31t2021
12t31t2016
12t31t2021
12t31t2022
12t31t2021
12t31t2017
12t31t2016
12t31t2021
12t31t2017
12t31t2016
12t31t2016
1213112016 Commissioner Ed Tobin
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
12131nA16 CommissionerJoyMalakotf
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
1213112016 CommissionerMickySteinberg
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
Applicants
Eric Hirsch
Karen Brown
RafaelTrevino
Ronald Wolff
Stephen Fox, Jr,
Walker Burttschell
Applicants
Jarred Relling
Otiss (Arah) Lester
Rebecca Boyce
Ronald Woltf
Steven Adkins
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Boards and Committees Current Members
Health Advisory Committee Sec.2-81 2002-3358
Composition:
Eleven (11) voting members appointed by the City Commission at-large upon recommendations of the City Manager:
One (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sihai Medical Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee
administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility
(ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members shallbe physicians;
Two (2) members shall be consumers consisting of:
1, One (1) individual from the corporate level and;
2. One (1)private individual;
One member shall be a physician or an individual with medical training or experience,
There shall be one (1) non-voting ex-officio representative from each of the following: The Miami-Dade County Health
Department, the Health Council of South Florida, and the Fire Rescue Department. The director of the Office of the Children's
Affairs shall be added as a non-voting ex-officio member of the board.
City Liaison: Sonia Bridges
Vacancy:
Vacant
Vacant
To replace Dr. David Farcy
To replace Anthony Japour
To replace Dr, Daniel Nixon
To replace Rachel Schuster
Members:
Ex-Officio Fire Rescue
Department
Ex-Officio, M iami-Dade County
Health Department
Private lndividual 1213112015
ACLF
Corporate lndividual 1213112015
ACLF
City Commission
City Commission
City Commission
City Commission
12t31t2019
12t31t2016
12t31t2019
12t31t2016
First Name Last Name Positionffitle:Term Ends:Appointed by:Term Limit:
Dr. Todd
Jeremy
Mark
Maura
Richard
Stacey
Steven
Tobi
Maria
Narson
Green
Rabinowitz
Shiffman
Cuello-Fuentes
Kruger
Sonenreich
Ash TL
Ruiz
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12t31t2016
12t31t2022
12t31t2016
12t31t2020
12t31t2015
Health Provider
Physician
CEO, Miami Beach Community
Health
Ex-Officio Health Council of
South Florida Representative
Physician
Physician
CEO, Mt. Sinai MedicalCenter
(NrL)
Nursing Profession
Ex-Officio, Director of
Children's Affairs
Applicants
Christine Butler
Kara White
Zachary Cohen
Tuesday, April07,
Applicants
Jared Plitt
MichaelHall
2015 16 of 42671
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Boards and Committees Current Members
Health Facilities Authority Board Sec. 2-111
Composition:
Four (4) year terms.
Five (5) members shallconsist of:
Two (2) health providers;
Qne (1) individual in the field of general business who possesses good standing in the community;
One (1) accountant;and
One (1) attorney;
The Chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of
the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Vacancy:
Vacant
Members:
Chairperson, Health Advisory
Board
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Arthur Unger Accountant
Mark Sinnreich Health Provider
Michael Hall Health Provider
Robert Hertzberg Attorney
0611912016 City Commission FS.154.207
06/19/2016 City Commission FS.154.207
06/19/2018 City Commission FS.154.207
0611912017 City Commission FS.154.207
Sidney Goldin General Business 06/19/2018 City Commission FS.154.207
Appllcants
David Berger
Dr, Elsa Orlandini
Richard Cuello-Fuentes
Zachary Cohen
Appllcants
Dr. David Farcy
Rachel Schuster
Rosalie Pincus
Tuesday, April 07,2015 17 of 42672
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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
Vacancy:
To replace David Cardenas
Members:
1213112016 CommissionerMickySteinberg 1213112021
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
Christina
Francis
Veronica
Fernandez
Velasco
Purrinos
LaBuzetta
Trullenque TL
Camacho
12t31t2015
12131t2016
12t31t2016
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2015
12t31t2021
1213112016 Mayor Philip Levine
1213112015 Commissioner Ed Tobin
1213112015 CommissionerJoyMalakoff
Applicants
David Cardenas
lsraelSands
Leonor Fernandez
Regina Suarez
Applicants
Eneida Mena
Josephine Pampanas
RafaelTrevino
Tuesday, April 07,2015 18 of 42673
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-,-e----
Boards and Committees Current Members
H istoric Preservation Board Sec.118-101
Composition:
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 rehabilitation of
historic structures; or an attorney at law licensed to practice in the United States, or an engineer licensed in the State of Florida,
each of the foregoing with professional experience and demonstrated interest in historic preservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with praciical experience in architecture and
the preservation of historic structures.
All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural
or urban design or urban planning and university faculty members of the Board, shall be residents oi the City; however, the City
Commission may waive this requirement by a 5/7th vote, in the event a person not meeting these residency iequirements is
available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Members:
MDPL 1213112014 CityCommission
First Name Last Name Position/Tltle:Term Ends: Appointed by:Term Limit:
David
Dominique
Herb
Jane
John
Wieder TL
Bailleul
Sosa TL
Gross
Stuart
Attorney
At Large
At Large
Dade Heritage
Registered Architect
Faculty Member
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2019
12t31t2019
Applicants
Bradley Colmer
Dona Zemo
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Samuel Rabin, Jr.
Stephen Sauls
Applicants
Deborah Castillo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
NealDeputy
Richard Alhadeff
Scott Needelman
William Lane
Tuesday, April 07,2015 19 of 42674
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Boards and Committees Current Members
Housing Authority
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
Reso 7031 421.05 FS
Vacancy:
To replace Raymond Adrian
Members:
Housing Authority
Commissioner
Mayor Philip Levine 10t11t2018
First Name Last Name Positionffitle:Term Ends:Appointed by:Term Limit:
Dr. Barry
Eugenio
Leonor
Peter
Ragone
Cabreja
Fernandez
Chevalier
Housing Authority
Commissioner
Tenant Commissioner
Housing Authority
Commissioner
Housing Authority
Commissioner
1011112017 Mayor Philip Levine
1011112016 Mayor Philip Levine
1011112017 Mayor Philip Levine
1011112015 Mayor Philip Levine
10t11t2021
10t11t2018
10t11t2021
10t11t2019
Applicants
Barbara Gotlinsky
Prakash Kumar
Applicants
Christina LaBuzetta
Tuesday, April 07,2015 20 of 42675
Boards and Committees Current Members
Marine and Waterfront Protection Authority Sec.2-190.46
Composition:
The Marine and Waterfront Protection Authority shall consist of fourteen (14) voting members, who shall be direct appointments
with the Mayor and city commissioners, each having two (2) direct appointments.
Appointments to the Authority shall consist of a combination of individuals who have had previous experience in:
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 preseruation 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
Vacancy:
To replace William Cahill
To replace Monica Casanova
Members:
1213112014 Commissioner Ed Tobin
1213112014 Mayor Philip Levine
12t31t2021
12t31t2021
First Name Last Name Position/Title: Term Ends: Appointed by:Term Limit:
Addison Sammet
Manon"Marie" Hernandez
Maurice Goodbeer
Robert Schwartz
Robert Christoph, Jr.
Sasha Boulanger
Stg. Luis Sanchez ex-officio MB Marine Patrol
1213012015 CommissionerDeedeWeithorn
1213012015 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112015 Commissioner Jonah M.
Wolfson
1213112016 CommissionerMichael Grieco
1213112015 CommissionerJoyMalakoff
1213112016 Commissioner Jonah M,
Wolfson
1213112016 CommissionerDeedeWeithorn
1213112016 CommissionerMickySteinberg
1213112016 CommissionerJoyMalakotf
1213112016 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
12t31t2022
12t31t2019
12t31t2021
12t31t2022
12t31t2018
Albert
Barbara
Daniel
Dr. Morris
Dr. Ronald
Lizette
Parron
Herskowitz
Kipnis
Sunshine
Shane
Lopez
Applicants
Adrian Gonzalez
Jennifer Lampert
Julio Magrisso
MichaelLevine
Michael Hall
Applicants
Eric Lawrence
John Kanter
Mayela Mueller
Michael Hall
Tuesday, April 07,2015 21 of 42676
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Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon Flooding and Sea Rise Sec.2-23 (b)
Composition:
The Mayor's 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 of a comprehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Dr. Michael Phang TL
Dwight KraaiTL
Scott Robins TL
0611412015 Mayor Philip Levine 0011412015
0611412015 Mayor Philip Levine 0611412015
0611412015 Mayor Philip Levine 0611412015
Applicants
Stephen Sauls
Applicants
Tuesday, April 07,2015 22 of 42677
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==:=:::=
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon North Beach Revitalization Sec. 2-23 (b)
Composition:
The Mayo/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
Arriola
03t02t2arc
03t02t2016
03t02t2016
Mayor Philip Levine
Mayor Philip Levine
03t0212016
03t02t2016
03t02t2016RiMayorLevine
Tuesday, April 07,2015 23 of 42678
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Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon Washington Avenue
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 the City's initiatives and efforts to
revitalize Washington Avenue from Sth Street to Lincoln Road.
The Panel shall inititally consist of (4) members, all of whom shall be appointed by the Mayor to 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/Title:Term Ends: Appointed by:Term Limit:
Sec.2-23(b)
Brian
Eric
Lyle
Falk TL
Lawrence TL
Stern TL
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
0710912015 Mayor Philip Levine
07t09t2015
07t09t2015
07t09t2015
07t09t2015Saul Gross TL 07109t201s Mayor philip Levine
Tuesday, April 07,2015 24 of 42679
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Boards and Committees Current Members
Miami Beach Commission ForWomen
Composition:
Twenty-one (21 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
2007-3570 S 2190-1
Vacancy:
To replace Gertrude Arfa
To replace NikkiWeisburd TL
Members:
1213112014 Commissioner Ed Tobin
Commissioner Ed Tobin
12t31t2014
12t31t2015
First Name Last Name Position/Title:Tenn Ends:Appointed by:Term Limit:
Adrienne Krieger
Carrie Wiesenfeld
Debra (Debi) Quade
Dona Zemo
Dr. Corey Narson
Francinelee Hand
Heather Davis
Jessica Conn
Jill Shockett
Karen Edelstein TL
Laurie Kaye Davis
Leslie Coller TL
Lindsay Genet
Mercedes Carlson
Regina Suarez
Regina Berman
Roberta Gould TL
Tiffany Lapciuc
Vanessa Menkes
1213112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaelGrieco
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
1213112015 CommissionerMickySteinberg
1213112015 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112016 Commissioner Jonah M.
Wolfson
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112016 Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithorn
1213112016 CommissionerMichael Grieco
1213112015 CommissionerMichaelGrieco
1213112015 Commissioner Jonah M.
Wolfson
1213112016 Mayor Philip Levine
1213112015 CommissionerDeedeWeithorn
1213112A15 Mayor Philip Levine
1213112015 CommissionerDeedeWeithorn
12t31t2021
12t31t2021
12t31t2019
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2019
12t31t2022
12t31t2015
12t31t2021
12t31t2015
10t31t2021
12t31t2018
12t31t2017
12t31t2017
12t31t2015
12t31t2017
12t31t2020
Applicants
Allee Newhoff
Bonnie Crabtree
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Tuesday, April 07,2015
Applicants
Barbara Kaufman
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Lampert
Josephine Pampanas
Laura Levey
25 of 42680
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Boards and Committees Current Members
Marjorie O'Neill-Buttler
Monica Matteo-Salinas
Pan Rogers
Rebecca Boyce
Samantha Bratter
Tashaunda Washington
MerylWolfson
Monica Casanova
Patricia Valderrama
Rocio Sullivan
Tamra Sheffman
Tuesday, April 07,2015 26 of 42681
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Boards and Committees Current Members
Miami Beach CulturalArts Council
Composition:
Three (3) year term.
Vacancies submitted by slate of candidates provided by the Council.
Eleven (1 1) members to be appointed at-large by a majority vote of the Mayor and City Commission.
Effective December 31, 2001, concurrent with the expiration of the terms of six (6) members of the Council, and the resulting
vacancies thereon, three (3) members shall be appointed for three (3) year terms each, provided that one of those appointments
shall be to fill the vacancy of the one (1) year term expiring on December 31, 2001, and three (3) members shall be appointed for
two (2) year terms each. Additionally, effective December 31,2002, no Council member may serve more than six (6)
consecutive years.
City Liaison: Gary Farmer
Sec. 2-51
1213112014 CityCommission
Vacancy:
To replace Gregory Melvin TL
Members:
12t31t2015
First Name Last Name Positionffitle:Term Ends: Appointed by:Term Limit:
Beatrice
Charles
Dale
Dawn
lsrael
Marjorie
Merle
Richard
Samuel
Susan
Hornstein TL
Million
Gratz
McCall
Sands
O'Neill-Buttler
TL
Weiss
Alhadeff
Rabin, Jr.
Schemer
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2015
12t31t2017
12t31t2022
02t11t2022
12t31t2022
12t31t2015
12t31t2017
12t31t2019
12t31t2020
12t31t2019
Applicants
Allee Newhoff
Calvin Kohli
Eleanor Ellix
Eugenio Cabreja
Jenna Ward
Joanna Popper
Kevin Kelsick
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Ray Breslin
Vanessa Menkes
Applicants
Bradley Ugent
Dr. Daniel Nixon
Elliott Alhadeff
Janda Wetherington
Jill Shockett
Kara White
Marian DelVecchio
Michael McManus
Monica Matteo-Salinas
Pedro Menocal
Ray Breslin
Wesley Castellanos
Tu*day, April07,2015 27 of 42682
-.-,.-.---
Boards and Committees Current Members
Miami Beach Human Rights Committee 201 0-3669
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 the City
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. 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 serye as Chair of the Committee.
City Liaison: Marcia Monserrat
Vacancy:
Vacant
To replace Rafael Trevino
Members:
1213112016 Mayor Philip Levine
1213112016 CityCommission 12t31t2016
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Alan Fishman Law
Amy Rabin
Bradley Ugent
David Mardini
lvan Cano
Monica Haruey
Rachel Umlas
Walker Burttschell
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112016 Mayor Philip Levine
1213112015 CityCommission
1213112016 CityCommission
12131nA16 CityCommission
1213112015 CityCommission
12t3112016
12t31t2019
12t31t2018
12t31t2022
12t31t2019
12t31t2018
12t31t2018
12t31t2016
12t31t2019william warren Jr. 121311201s city commission
Applicants
Andrea Travaglia
Deborah Robins
Jarred Relling
Michael Levine
Stephen Fox, Jr.
Applicants
Christine Butler
Dr. Andrew Nullman
Lisa Almy
Rafael Leonor
Tuesday, April 07,2015 28 of 42683
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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 Committee upon
approval by the Coordinating Council. To qualify, the person shall present a resume and a letter of interest to the Committee
Chairperson.
These members are appointed by the Mayor of the City of Miami Beach for two (2) years.
City Liaison: Dessiree Kane
Members:
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Carolyn
Deborah
Faye
George
Guy
Harvey
Howard
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Michelle
Nuccio
Omar
Samantha
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Ricci
Nobel
Caiola
Bratter
Jacquelynn Powers
Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Rio de Janeiro, Brazil
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Fortaleza, Brazil
Pescara, ltaly
Cozumel, Mexico
Other
Other
1213112015 Mayor Philip Levine
1213112015 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
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022steven Adkins other 12t31t2016 Mayor phitip Levine
Applicants
Bernardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsraelSands
Joseph Hagen
Monica Fluke
Rebecca Boyce
Tuesday, April 07,2015
Applicants
Charles Million
Christopher Todd
Dr. Andrew Nullman
GabrielPaez
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
29 of 42684
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===:
Boards and Committees Current Members
Tamra Sheffman
Wesley Castellanos
Tiffany Heckler
Tuesday, April 07,2015 30 of 42685
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Boards and Committees Current Members
Norma ndy Shores Loca I Govemment Neig hborhood I m provement 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 be
composed 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
Members:
First Name Last Name Position/Title: Term Ends: Appointed by:Term Limit:
Brett
Carmen
John
Harris
Browne
Bowes
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2022
12t31t2022
12t31t2018
Applicants
Lori Nieder
Applicants
Tuesday, April 07,2015 31 of 42686
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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 own
participation or the participation of a member of their immediate family. Consideration should also be given to individuals who
have special knowledge or background related to the field of parks and recreation.
City Liaison: Elizabeth Valera
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Growald
Turken
Berger
Soffer
Halpryn TL
Tennis
Scott Rakow Youth Center
Tennis
1213112016 City Commission 1213112021
1213112015 City Commission 1213112019
1213112015 City Commission 1213112019
1213112015 CommissionerMichaelGrieco 12131t2021
1213112015 Commissioner Jonah M. 12131/2015
Wolfson
Jenifer Caplan Golf
Jonathan Groff
Lee Zimmerman
Leslie Graff TL
Lori Nieder
Paul Stein
Ronald Krongold Golf
1213112015 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112015 CommissionerMickySteinberg
1213112016 Mayor Philip Levine
1213112016 CityCommission
12t31t2019
12t31t2017
12131t2021
12t31t2015
12t31t2021
12t31t2021
12t31t2019
12t31t2019Stephanie Rosen No. Shore Park Youth Center 1219112016 City Commission
Applicants
Beverly Heller
Bruce Reich
Daniel Nagler
Joseph Conway
Lindsay Genet
Mojdeh Khaghan
Samuel Rabin, Jr.
Wesley Castellanos
Tuesday, April 07,2015
Applicants
Brett Harris
Christopher Todd
Eneida Mena
Joseph Hagen
Mark Balzli
Nawaz Gilani
Tiffany Heckler
32 of 42687
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=--j-
Boards and Committees Current Members
Personnel Board Sec. 2-190.66
Composition:
Ten (10) members appointed by a 5/7th vote:
1' 9i, tOl 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 Department 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 Position/Title:Term Ends:Appointed by:Term Limit:
Gabriel
lvette lsabel
Lori
Matthew
Mojdeh
Rosalie
Sylvia
Alex
Eduardo
Bello
Carranza
Group I
Group ll
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak Human Resources Director
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
07t31t2017
07t31t2A16
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2019
12t31t2018
12t31t2019
12t31t2016
12t31t2015
Evette Phillips Group ltt
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Applicants
Dr. Elsa Orlandini
Nancy Wolcott
Tuesday, April 07,2015 33 of 42688
-.-. .-.---
Boards and Committees Current Members
Planning Board
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 shallat a minimum be comprised of:
1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect
registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning;
2. One developer who has experience in developing real property; or an attorney in good standing licensed to practice law 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
_ 9. ls rec_ognized 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 year shall be eligible for appointment to the
Planning Board, The City Commission may waive the residency requirements by a 5/7th vote in the Lvent a peison not meeting
these requirements is available to serve on the Board and is exceptionally qualified by training and/or experience.
City Liaison: Michael Belush
Sec. '1 '18-51
Vacancy:
To replace Jean-Francois
Lejeune
Memberc:
Architect City Commission 12t31t2017
Flrst Name Laet Name Posltlon/Tltle:Term Ends: Appolnted by:Term Limit:
Brian
Jack
Jeffrey
Jonathan
Randolph
Reagan
Elias
Johnson
Feldman
Beloff TL
Gumenick
Pace
General Business
Historic Preservation
Developer
Attorney
General Business
General Business
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
12/31t2019
12t31t2018
12t31t2019
12t31t2015
12t31t2019
12t31t2020
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Jack Benveniste
Jared Galbut
Jessica Conn
Madeleine Romanello
Mark Alhadeff
Muayad Abbas
Noah Fox
Robert Sena
Tuesday, April 07,2015
Applicants
Brian Ehdich
Daniel Hertzberg
David Wieder
Dominique Bailleul
James Silvers
Jeffrey Cohen
Jonathan Fryd
Marina Novaes
MichaelSteffens
Nelson Fox
Richard Alhadeff
Seth Frohlich
34 of 42689
r.-L, .-,---
=::::--
Boards and Committees Current Members
Suzanne Hollander
Tuesday, April 07,2015 35 of 42690
r.-..-!---
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, th_e 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 MqVor and Commission shall be encouraged to be obtained from the Spanish-AmerIcan League Alainst Discrimination(S.A'L'A.D.);the League of United Latin American Citizens (L.U.L.A.C.); the Anti-Defamation Leagui (n.d.l.); the Dade Action
Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League o=f Women Voters and the otherorganizations deemed appropriate.
City Liaison: Chief Daniel Oates
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Antonio
Bruce
Claire
Daniel
Jared
John
Melissa
Meryl
Michael
Nelson
Robert
Steven
Tiva
Walter
Hernandez Jr.
Reich
Warren
Aronson
Plitt TL
Kanter
Sheepard-
Broad
Wolfson
Perlmutter
Gonzalez TL
Lopez
Oppenheimer
Leser
Lucero
12t31t2021
12t31t2021
12t31t2021
12t31t2021
12t31t2015
12t31t2022
12t31t2021
12t31t2021
12t31t2020
12t31t2015
12t31t2021
12t31t2017
12t31t2021
12t31t2019
1213112016 CommissionerJoyMalakoff
1213112015 CommissionerMickySteinberg
1213112016 CommissionerMichaelGrieco
1213112016 CommissionerMickySteinberg
1213112A15 CommissionerDeedeWeithorn
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaetGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 Commissioner Jonah M.
Wolfson
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithorn
Applicants
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
Jill Shockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
Tuesday, April 07,2015
Applicants
DanielNagler
Eric Lawrence
Heather Davis
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Rafael Leonor
36 of 42691
r.-,.-.
I--
===:
Boards and Committees Current Members
Richard Preira
Zeiven Beitchman
Stephen Fox, Jr.
Tuesday, April 07,2015 37 of 42692
r.-.
----
Boards and Committees Current Members
Production lndustry 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.2-7'l
1213112014 Mayor Philip Levine
Vacancy:
To replace Aleksandar
Stojanovic
Members:
Production 12t31t2021
First Name Last 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 Weithorn
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
12t31t2018
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2017
Applicants
Aleksandar Stojanovic
Applicants
Samantha Bratter
Tuesday, April 07,2015 38 of 42693
r.-L, .-,---
Boards and Committees Current Members
Susta I nability Com m ittee 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 pltern
of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only
in the present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green
lnitiatives and to promote and provide plans for Sustainable Development in the City of Mlami Belch.
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
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t201s
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Jonah M.
Wolfson
Commissioner Ed Tobin
Commissioner Michael Grieco
12t31t2021
12t31t2020
12t31t2015
12t31t2015
12t31t2021
12t31t2021
12t31t2021Levine
Applicants
Amy Rabin
Jenifer Caplan
Russell Hartstein
Applicants
Andrea Travaglia
Marivi lglesias
Walker Burttschell
Tuesday, April 07,2015 39 of 42694
--, -.---
Boards and Committees Current Members
Transportation, Pa rki n g, Bicycle-Pedestria n Facilities Committee
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. (LRMI).
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 coniist of a quorum of the
Committee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City. The members designated by their respective community organization shall provide a letter from suCh organization certifying
that designation to the City Clerk.
City Liaison: Saul Frances
Sec.2-190.91
Commissioner Ed Tobin
Mayor Philip Levine
Vacancy:
Vacant
To replace Hector Fontela
Members:
Member Lincoln Road
Marketing lnc,
12t31t2021
First Name Last Name Posltion/Title:Term Ends: Appointed by:Term Limit:
AI
Deborah
Delvin
Eric
Frederick
Charles
Jo
Madeleine
Mark
Seth
William Bill
Feola
Montes de Oca
Sake
Asmundsson
Romanello
Weithorn
Breslin
Diffenderfer TL
Wasserman
Hahne
Ruggiero
Fruit
Member Ocean Drive
Association
Member Mid-Beach
Neighborhood or Bus Assc.
Member MBCDC
Member MBCC
Member No,Beach
Development Corp.
1213112016 CommissionerMickySteinberg 12t31t2021
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
Commissioner Ed Tobin 12131t2022
Commissioner Deede Weithorn 1213112022
Ray
Scott
Commissioner Joy Malakotf
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
12t31t2021
12t31t2015
12t31t2016
Applicants
Allison Stone
Lila lmay
Lisa Almy
Tuesday, April 07,2015
Applicants
Leif Bertrand
Lindsay Genet
Mayela Mueller
Member MDPL
40 of 42695
r.-,.-,---
Boards and Committees Current Members
Rafael Leonor Robert Lopez
Tuesday, April 07,2015 41 of42696
r.-L, .-.
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 than three (3) members shall be representativ6 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 to
have vacated his office or position.
City Liaison: Grisette Roque
Members:
First Name Last Name Position/Title: 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
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2022
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12t31t2019
12t31t2019Hotel
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Seth Feuer
Tuesday, April 07,2015 42 of 42697
City Commission Committees
Finance & Citywide Projects Committee
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Land Use & Development Committee
Commissioner Jonah Wolfson
Commissioner Joy Malakoff
Mayor Philip Levine
Commissioner Micky Ross Steinberg
Patricia Walker
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Name Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Neighborhood/Community Affairs Committee
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Sustainability and Resiliency Committee
Commissioner Ed Tobin
Commissioner Micky Ross Steinberg
Commissioner Michael Grieco
Deede Weithorn
Vania Pedraja
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
Position Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Commissioner Michael Grieco
Commissioner Micky Ross Steinberg
Deede Weithorn
Commissioner Joy Malakoff
Elizabeth Wheaton
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
698
r^-..f,,u,
I-.-.
---II--
-:
1915.2015
NON.CITY COMMISSION COMMITTEES
Moyor Philip Levine
Miomi-Dode Metropoliton Plonning Orgonizotion
U.S. Conference of Moyors
Commissioner toy Molokoff. FIU Wolfsonion Advisory Boord
Commissioner Deede Weithorn. Miomi-Dode County Homeless Trust Boord. Miomi-Dode County Leogue of Cities, Post Presidenl
Bqrbqrq Herskowitz, Christine Gudoitis. Public Librory Advisory Boord
Ricky Arriolo, lorry Colin, Richord Milsteino The Adrienne Arsht Center for the Performing Arts Center Trust
a
a
F:\CLER\BOARD AND COMMITTIES DATABASE\NON CIry COMM\NON CITY COMMISSION COMMITTEES 4O715.DOCX
699
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700
r.-. ^-.---
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM: Rafael E. Granado, City Clerk /A
DATE: April 15,2015
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOTNTMENTS
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 in item R9A.
BOARDS AND COMMITTEES
1. AFFORDABLE HOUSING ADVISORY COMMITTEE
vAcANT CATEGORTES (7):
. 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.
. 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\2o15\04152015 CM\BC APPOINTMENTS AT LARGE FOR APRIL 15 2015 COMMISSION MEETING.D 'o' Ag"nd, [:tfl+t+701
3.
4.
5.
6.
7.
8.
BOARD OF ADJUSTMENT
vAcANT CATEGORY (1):
. One member in the Law category.
BUDGET ADVISORY COMMITTEE
vAcANT CATEGORY (1):
. One certified public accountant.
HEALTH ADVISORY COMMITTEE
vAcANT CATEGORTES (4):
. Two (2) members shall be an administrator from an Adult Congregate Living Facility
(ACLF), and/or an Assisted Living Facility (ALF)
. One (1) private individual.
. One (1) individualfrom the corporate level.
HISTORIC PRESERVATION BOARD
vAcANT CATEGORY (1):
o A representative from the Miami Design Preservation League (MDPL) selected from
three names nominated by the League.
MIAM! BEACH CULTURAL ARTS COUNCIL
vAcANT CATEGORY (1):
. One (1) member to be appointed At-Large.
MIAM! BEACH HUMAN RIGHTS COMMITTEE
vAcANT CATEGORY (1):
. One (1) member to be appointed At-Large.
PLANNING BOARD
vAcANT CATEGORTES (1):
o 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.
F:\CLER\COMMONUOl5\04152015 CM\BC APPOINTMENTS AT LARGE FOR APRIL 15 2015 COMMISSION MEETING.DOCX Page2
702
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City
Commission At-Large Nominations listing current information about which applicants have actually
been nominated. The Agenda-Agenda Archives website is located at:
http.//m iam ibeachfl. o ov/citvclerk/scrol l. 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.
F:\CLER\COMMON\20,I5\04152015 CM\BC APPOINTMENTS AT LARGE FOR APRIL 15 2015 COMMISSION MEETING.DOCX Page 3
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704
R9 - New Business and Commission Requests
RgBl Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDA ITEM Rq B bL
DArE {^ts-ts
705
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706
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Asenda ttem RQ C .Date q-,S-lt707
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708
R9 - New Business and Gommission Requests
RgD Report To The City Commission, Pursuant To Section 5.04 Of The City Charter, Entitled
"Budget, Finance And Pre-Collective Bargaining Analysis," Detailing The Current Status
And Related Financial lmpact Of Fringe Benefits, lncluding Pension And Health
lnsurance Plans, Provided By The City To lts Officers And Employees. 10:45 a.m.
Public Hearins
(Human Resources)
(ltem to be Submitted in Supplemental)
Agenda ltem RQ D
oate \-t5-lf709
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710
Cily ol ltiomi Bcoch, l7O0 Convenlion Cenler Drive, Miomi Beoch, f lorido 33 I 39, www.miomibeochfl.gov
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Jimmy Morales, City Manag
", ff7,April 15,2015
TO:
MIAMIBEACH
Concession Area:
lnitialTerm:
RenewalOptions:
Concession Fee:
SUBJECT: A DISCUSSION REGARDING THE IUANAGEMENT AND OPERATION
OF CONCESSION STAND BUILDINGS, AND BEACHFRONT
CONCESSION AREAS, CURRENTLY OPERATED BY TIIT'I WILCOX,
!NC. ("CONCESS|ONAIRE"), LOCATED ADJACENT TO THE PUBLIC
PARKING LOTS AT 21ST AND 46TH STREETS.
ADMINISTRATION RECOMME NDATION
Adopt either Resolution A or Resolution B, attached hereto and incorporated herein by
reference.
BACKGROUND
On October 14,2009, the City Commission authorized the issuance of a Request for Proposals
(RFP) to solicit proposals for the management and operation of concession stand buildings, and
beachfront concession areas, located adjacent to the public parking lots at 21st and 46th
Streets. RFP No. 05-09/10 was issued on October 20, 2009, and proposals were sent or
provided to over eigh$-five (85) firms and concessionaires.
On May 12,2010, the City Commission adopted Resolution No. 2010-27391, accepting the
recommendation of the City Manager pertaining to the ranking of firms; authorized the
Administration to enter into negotiations with the top-ranked firm of Tim Wilcox, lnc.; and further
authorized the Mayor and City Clerk to execute a concession agreement (the Agreement) upon
completion of successful negotiations by the Administration.
ANALYSIS
The Agreement contains the following material terms:
Concession stand buildings, and beachfront conoession areas,
located adjacent to the public parking lots at 21't and 46th Streets
Two (2)years commencing on November 1,2010, and ending on
October 31,2012
Three (3) renewal options for one (1) year each (Note: the third,
and last, renewal option will expire on October 31, 2015).
A percentage of gross sales exceeding $250,000 as follows:
Aoenda ttem RqEDate-Ft=l=711
@mmissbn Memqandum
Tim Wilcox, lnc. - Beachfronf Conoessbn Agrcement
Apfl 15, 2015
Page 2of 3
Gross Receiots PG
$250.000 260/o
$300.000 27o/o
$350,000 28o/o
$400,000 29o/o
$450.000 30o/o
tlnlmum Guarantee: Forty eight thousand dollars ($48,000) annually, paid at the
beginning of each contract year
For the first four (4) years of the Agreement, Concessionaire's gross sales, at each con@ssion
locations, are itemized in the following chart:
For the fir$ four (4) years of the Conoession Agreement, Concessionaire's gross sabs, and the
conesponding fees paid to the City, are illustrated in the following chart:
(% of Gross
C,ontract Gross Minimum Over25(X)
Year Perlod Sales % Incrcase Guanntee 26flo
1* LULO-LOILL 158,356 - 48,m 0
2 LilLL-L0lL2 202,224 2W6 ,$,m0 0
3 tutz-Loll3 275,M 7% ,18,m0 0
4 tLlLS-L0lt4 281,%2 3L% 48,m 8F08
861,r4L
*Reflects Nine (9) Months of Sales Due to Delayed Opening
Total
Rent
48,m0
48,m0
48,000
Concessionaire is cunently in its final renewal term, ending on October 31,2015, and has
submitted a letter to the City (attached hereto as 'Exhibit A'), requesting to extend the
concession agreement for a period of five (5) years. Actually, since the Agreernent is in its final
renewal term, the Goncessionaire's request must entail negotiation of a new concession
agreement.
ln the event the City Commission agrees to waive the competitive bidding requirement and
grant Concessionaire a new Agreement, the City Manager would recommend such waiver
subject to said new agreement containing the following minimum terms:
Contract
Year
1*
2
3
4
Pedod
lyto- tolLl
tuLt- Loltz
1L172- t0lt3
Llls- toh4
Reflects Nine (9) Months of Sales Due to Delayed Opening
21st Street
Concession Chairs
73,124 59,453
6L198 96,629
Gross
Sales
168,355
202,224
215,M
48th Strcet
Concession Chairc
1&933 15,836
29,883 42,1q
19,535 38,U7
712
Commission Memorandum
TimWihox, lnc. - Beachfronl Concessbn Agreement
Aprill5, 2015
Page3d3
o Term: lnitial three (3) year term, with two (2) one (1) year renewal options, at the City's
sole discretion;
Minimum Guarantee: $65,000 annually, payable in equal quarterly installments of
$16,250 each; and
@:
6ross
Receipts
Percentage of
Gross Receipts
so- S2so.(m 26%
S2s0.m1- $m.mo 27%
s300.001- s3s0,m 28%
$so.ml- S4m.(m 2996
S4m.m1and over w6
Each incremental increase in Gross Receipts shall result in the conesponding percentage rate
contained above. For example, if Concessionaire's Gross Receipts are $325,000, the
Conession Fee paid for the first $250,000 shall be 260/0 ($65,000), the Concession Fee paid for
the next $50,000 shall be 27o/o ($13,500) and the Concession Fee paid for the last $25,000 shall
be 28o/o ($7,000), resulting in a total Concession Fee of $85,500.
ln the alternative, if the Ci$ Commission elects not to waive the competitive bidding
requirement, the Administration seeks authorization to preparc and issue a Request for
Proposals for the management and operation of concession stand buildings and beachfront
concession areas, located adjacent to the Public Parking Lots at 213t and 46n Streets.
The Finance and Citywide Projects Committee (FCWPC) considered this matter at its March 2,
2015 meeting and refened the matterto the Commission without a recommendation.
CONCLUSION AND RECOIIUENDATION
The Administration seeks a recommendation from the City Gommission regarding the
management and operation of concession stand buildings and beachfrcnt concession areas,
focated adjacent to the Public Parking Lots at 21"t and 46h Streets, and recommends that the
Mayor and City Commission authorize the Administration to negotiate a new conoession
agreement with Concessionaire, pursuant to Resolution A; or, in the atternative, authorize the
Administration to pursue a Request for Proposals, pursuant to Resolution B.
JLIIVKGB/MAS/MMM
Exhibits:A Letter From Concessionaire
Resolution A
Resolution B
T:\AGENDA\20'l S\ApriltTCED\Tim Wilcox\Tim Wilcox MEMO (,1-1 5-l 5).docx
713
Exhibit A
714
February 77,20!5
Dear Mr. Morales,
I would like to requestthat my beach conoession agreement be renaled for an additionalflve years.
My contract e4clres in October 31,2015, I feel that we are Just now capturlng the progress of the
Colllns Park neighborhood. When we started lt was a realconstruction zone wlth very lltth parklng. ln
the last 18 months as par*ing and hotel rooms have ome on line our buslness also lmproved, as urcll as
the rent we pay to the Oty. We had 30 percent growth last year and expeA the same for period thls
year.
I will be speaking at the finance committee on Monday where I will tay out a detalled plan for growing
the business over tfie next five years. My company has worked hard b give the beach goers a first class
experience when they come to use the beach at 22nd skeet and 45 street. Still45 street ls very
challenging due to the beach erosion and lack of pa*ing. At this time I feel we are the best company for
thls Job. We have gotten to know these beaches so well over the last flve years and have great ldeas to
contlnue growlng the beach experlence. We have relnvested in equlpment and our constantly lmprovlng
our customer servlce experlence.
lf you would like to meEt to discuss anything about thls agreemant or my proJectlons for the future
growth of these concessions please feef free to contact me. I can be reached anytlme at 305-970-7147 .
715
RESOLUTION A
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COiIiiISS!ON OF THE CITY OF TIAMI
BEACH, FLORIDA, AqCEPTING THE RECOMMENDATION OF THE CITY i'ANAGER
AND wArvtNG, ByszrH vorE, THE cotpETlnvE BtoDtNG REeurREmENT, FINDTNG
SUCH WAIVER TO BE IN THE BEST INTEREST OF THE GITY, AND AUTHORZING THE
ADi'INISTRATION TO NEGOTIATE A CONCESSION AGREEMEI{T, BASED UPON THE
MINIiIUU TERTS SET FORTH IN THIS RESOLUTION, BETWEEN THE CTTY AND TlT
WILCOX, ING., FOR THE MANAGEiIENT AND OPERATION OF CONCESSION STAND
BUILDINGS AND BEACHFRONT CONCESSTON_ AREAS, LOCATED ADJACENT TO
THE puBlrc pARKrNc Lors AT zrs lro lerH stReErs; AND rF succEssFuL,
AUTHORIZING THE CITY ITIANAGER AND CITY CLERK TO EXECUTE THE
AGREEMENT.
WHEREAS, on October 14,2009, the City Commission authorized the issuance of a Request
for Proposab (RFP) to solicit proposals for the management and operation of concession stand
buildings, and beachfront concession areas, located adjacent to the public parking lots at 21st and
46th Streets; and
WHEREAS, RFP No. 05-09/10 was issued on October 20,2009, and proposals were sent or
provided to over eighty-five (85) firms and concessionaires; and
WHEREAS, on May 12, 2010, the City Commission adopted Resoh.rtion No. 2010-27391,
acoepting the recommendation of the City Manager pertaining to the ranking of firms; authorized
the Administration to enter into negotiations with the top-ranked firm of Tim Wilcox, lnc.
(Concessionaire); and further authorized the Mayor and City Clerk to execute an agreernent upon
completion of successful negotiations by the Administration; and
WHEREAS, the City and Concessionaire executed a conoession agreement, dated November
22,2010, foran initial term of two (2) years commencing on November 1,2010 and ending on
October 31,2012, with three (3) renewal options for one (1) year each (the Agreement); and
UUIIEREAS, Concessionaire exercised allthree (3) of its renewal options, and the Agreement is
scheduled to end on October 31, 2015; and
VYIIEREAS, Concessionaire submitted a letter to the Gity requesting to extend the Agreement
for a period of five (5) yeas; and
VUIIEREAS, the Administration submitted Concessionaire's request to the Finance and
Citywide Projects Committee (FCPC) at its March 2,2015 meeting, and the FCPC refened the
request to the City Commission; and
W{EREAS, in the event the City Commission agrees to waive the competitive bidding
requirernent and authorize the Administration to negotiate a new agreernent with Concessionaire,
the City Manryer would recommend such waiver subject to the new agreement containing the
following minimum terms:
716
. Term: lnitial three (3) year term, with two (2) one (1) year renewal options, at the City's
sole discretion;o Minimum Guarantee: $65,000 annually, payable in equal quarterly installments of $16,250
each; and. Concession Fees, as follows:
6rcss
RecelsB
Percentage of
Gross Receiots
s0- s2s0.000 26%
S2so m1- s3rn.trn 2n6
S3m.m1- S3so-mo 2896
s350.m1- qrn.(m 2Yo
Szlfl).01and over w6
NOW, THEREFORE, BE ]T DULY RESOLVED THAT THE MAYOR AND CITY COTITISSION
OF THE CITY OF illAtl BEACH, FLORIDA, hereby accept the recommendation of the City
Manager, and waive, by 5l7s vote, the competitive bidding requirament, finding sudt waiver to be
in the best interest of the City, and authorize the Administration to negotiate a nc,w concession
agreement, based upon the minimum terms set forth in this Resolution, between the Ci$ and Tim
Wilcox, !nc., for the management and oper:ation of concession stand buildings and beachfront
concession areas, located adjacent to the public parking lots at 21"t and 46m streets; and if
successful, authorize the City Manager and City Clerk to execute the Agreement.
PASSED and ADOPTED this day of
AfiEST:
Rafael E. Granado, Gity Clerk Philip Levine, iiayor
2015.
T:\AGENDA\201 5\Aprll\TGED\Tim Wilcox\Tim Wllcox RESO 1 (4-1 5-1 5).docx
717
RESOLUTION B
A RESOLUTION OF THE MAYOR AND CITY COi'TIISSION OF THE CITY OF
MIATI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADil|NISTRATION TO ISiSUE A REQUEST FOR PROPOSALS (RFP) FOR THE
TANAGEUENT AND OPERATION OF GONCESSION STAND BUILDINGS AND
BEACHFRONT CONCESSION AREAS, LOCATED ADJACENT TO THE PUBLIC
PARKING LOTS AT 21ST AND 46IH STREETS.
UV}IEREAS, on Octobet 14,2009, the City Commission authorized the issuance of a Request
for Proposals (RFP) to solicit proposals for the management and operation of concession stand
buildings, and beachfront concession areas, located adjacent to the public parking lots at 21st and
46th Streets; and
WHEREAS, RFP No. 05-09/10 was issued on October 20, 2009, and proposals were sent or
provided to over eighty-five (E5) firms and concessionaires; and
WHEREAS, on May 12, 2010, the City Commission adopted Resolution No. 201G27391,
accepting the recommendation of the City Manager pertaining to the ranking of firms; authorized
the Administration to enter into negotiations with the top-ranked firm of Tim Wilcox, lnc.
("Concessionaire"); and further authorized the Mayor and City Clerk to execute an agreement upon
completion of sucoessful negotiations by the Administration; and
UI}IEREAS, the City and Concessionaire executed a Concession Agreement, dated November
22,2010, for an initial term of two (2) years commencing on November 1,2010 and ending on
October 31,2012, with three (3) renewal options for one (1) year each (the Agreement); and
YY}IEREAS, Concessionaire exercised allthrce (3) of its renewal options and the Agrcement is
scheduled to end on Odober 31, 2015; and
UTIIEREAS, Concessionaire submifted a letter to the City requesting to extend the Agreement
for a period of five (5) yearc, which would entail a Sflh waiver of the competitive bidding
requirement;ard
UUIIEREAS, in the event the City Commission does not approve the waiver of the competitive
bidding reguirement, the Administration would recommend that the City Commission approve the
issuance of a new Request for Proposals (RFP), for the management and operation of conoession
stand buildings and beachfront concession aneas, located adjacent to the public parking lots at
21st and 46th Streets.
718
NOW THEREFORE, BE 1T DULY RESOLVED THAT THE MAYOR AND CITY COillllSSlON
OF THE GffY OF tllAMl BEACH, FLORIDA, hereby approve and authorize the Administration to
issuance a Request for Proposals (RFP) for the management and operation of concession stand
buildings and beachfront concession areas, located adjaent to the public parking lots at 21st and
46th Streets.
PASSED and ADOPTED this day of 2015.
ATTEST:
Raf;ael E. Granado, Glty Glerk Philip Levine, liayor
T:\AGENDA\201 5\April\TCED\Tim Wihor\Tim Wilcox RESO 2 ('l-'l 5-1S).docx
719
T.\AGENOA\201 5\April\TCED\Tinr Wilcox\Tim Wrlcox SUM (4-1 5-1 5).docx
COMMISSION ITEM SUMMARY
Condeneed TlUe:
A discussion regarding the management and operalion of concession stand buildings, and beachfront conoession areas,l
curenfy operated by Tim Wilcox, lnc. (Concessionaire), located adjacent to the public parking lots at 21' and 46"'
Streets.
Il/A
Suppordng Data (Surveys, Environmental Scan, etc.):
N/A
On Odober 14, 2C[}9, the City Commission authorized the issuance of a Request for Proposals (RFP) to sdldt proposals
for the manag€ment and operation of concession stand buildings, and beachfont concession areas, located adjacent to
the public parkirp lots at 21st and 46th Streets. RFP No. 0$09/10 was issued on Oclober 20,2W9, and propoeals were
s€nt or provided to over eighty-five (85) frms and concessionaires.
On May 12,2010, the City Cornmission adopted Resolution No. 201G27391, ampting the recommendation of the City
Manager pertaining to the ranking of firms; authorized the Administration to enter into negotiations witr the topranked firm
of Tim Wilcox lnc.; and further authorized the Mayor and City Clerk to execute a concession agreernent upon completion
of successful negotiatiors by the Administration.
The concession agreernent was for an initial term of two (2) years, commercing on Novernber 1, 2010 and terminating on
Odober 31,2012, with three (3) additional one (1) year renewallerms. Concessionaire is ornently in its final renanral
term, @mmencing on Novernber 1,2014 and ending on October 3'1, 2015, and has requested an additional fve (5) year
exlension.
Concessionaire a.rrenUy pays a concession fee, based on a percentage of gross sales, ranging fiorn 260/0 to 30p/o,
induding a minimum guarantee of $48,000 annually.
ln tre errent the City Commission agrees to waive the compditive bidding requirement and grant Concessionaire a nai,
agreement, the City Manager would reoommend sudr waiver subject to said nsrv agreement containlngr 1) a term of three
(3) years with tu,o (2) additional one (1) years renerval terms, at the Cit/s sole discretion, 2) a mirimum guarantee of
$66,000 annually and 3) a revised schedule of percentage rent resultirB in addUonal fees to the City.
ln the altemative, if he City Commission elects not to waive the competitive bidding requiranent" th€ Administration s€eks
authorization b prepare and issue a Request for Proposals for the managernent and operation of concession stand
buildings and beacfifont concesslon areas, located adjacent to the Public Parking Lots at 21st and 46th Streets.
The Administration seeks a re@mmendation fiom the City Commission regarding the managernent and operation of
concession stand buildings and beachfiont ooncession areas, located adjacent to the Public Parking Lots at 21st and 46tit
Streets, and recommends that the Mayor and City Commission authorize the Adminisilrdion to negotido a neu, concessiofl
agreement wih Concessionaire; or, in the altemative, authorize the Admini$ration to pursue a Request for Proposals.
N/A
Sklar, ext.61
E MIAMIBEACH AGENDA |?Eill
720
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMESIoN OF THE CITY OF ilIIATI
BEACH, FLORIDA, ACCEPTING THE REGOMTENDATION OF THE CITY IIANAGER
AND wArvrNG, By srt'vorE, THE coirpETtnvE BTDDING REeutREtENT, FINDTNG
SUCH WAIVER TO BE !N THE BEST INTEREST OF THE C]TY, AND AUTHORZING THE
ADMINISTRATION TO NEGOTIATE A GONCESSION AGREETENT, BASED UPON THE
MINN,IUM TERMS SET FORTH IN THIS RESOLUTION, BETUVEEN THE CITY AND TIII'
wlLCOX, ING., FOR THE ilIANAGEMENT AND OPERATION OF CONCESSION STAND
BUILDINGS AND BEACHFRONT CONCESSTON AREAS, LOCATED AIUACENT TO
THE puBLrc pARKTNG Lors AT 2rst AND mn sTREETS; AND rF succEssFul,
AUTHOR'ZING THE CITY i'IANAGER AND C]TY CLERK TO EXECUTE THE
AGREEI'ENT.
WHEREAS, on October 14,2009, the City Commission authorized the issuance of a Request
for Proposals (RFP) to solicit proposals for the management and operation of concession stand
buildings, and beachfront concession areas, located adjacent to the public parking lots at 21st and
46th Streets; and
WHEREAS, RFP No. 05-09/10 was issued on October 20,2009, and proposals were sent or
provided to over eighty-five (85) firms and concessionaires; and
WHEREAS, on May 12, 20'10, the City Commission adopted Resolution No. 2010-27391,
accepting the recommendation of the City Manager pertaining to the ranking of firms; authorized
the Administration to enter into negotiations with the top-ranked firm of Tim Wilcox, lnc.
(Concessionaire); and further authorized the Mayor and City Clerk to execute an agreement upon
completion of successful negotiations by the Administration; and
WHEREAS, the City and Concessionaire executed a concession agreement, dated November
22,2010, for an initial term of two (2) years commencing on November 1,2010 and ending on
October 31,2012, with three (3) renewal options for one (1) year each (the Agreement); and
WHEREAS, Concessionaire exercised allthree (3) of its renewal options, and the Agreement is
scheduled to end on October 31, 2015; and
UV}IEREAS, Concessionaire submitted a letter to the City requesting to extend the Agreement
for a period of five (5) yearc; and
WHEREAS, the Administration submifted Concessionaire's request to the Finance and
Citywide Projects Committee (FCPC) at its March 2,2015 meeting, and the FCPC refened the
request to the City Commission; and
WHEREAS, in the event the City Commission agrees to waive the competitive bidding
requirement and authorize the Administration to negotiate a new agreement with Concessionaire,
the City Manager would recommend such waiver, subject to the new agreement containing the
following minimum terms:
. Term: lnitial three (3) year term, with two (2) one (1) year renewal options, at the Clty's
sole discretion;o Minimum Guarantee: $65,000 annually, payable in equal quarterly installments of $16,250
each; and
721
. Concession Fees, as follows:
Gross
Receiots
Percentage of
Gross Receipts
s0 - s2s0,000 26%
S2so.m1- s3oo.ooo 27%
s300.m1- s3s0.000 28%
s3s0,001- 900.0m 29/o
Srt00,001and over 3Mo
NOW THEREFORE, BE IT DULY RESOLVED THAT THE ITIIAYOR AND CITY COTUMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the City
Manager, and waive, by 5t7h vote, the competitive bidding requirement, finding such waiver to bi
in the best interest of the City, and authorize the Administration to negotiate a new concession
agreement, based upon the minimum terms set forth in this Resolution, between the City and Tim
Wilcox, lnc., for the management and operation of concession stand buildings and beachfront
concession areas, located adjacent to the public parking lots at 21't and 46th streets; and if
successful, authorize the City Manager and City Clerk to execute the Agreement.
PASSED and ADOPTED this day of 2015.
ATTEST:
Rafael E. Granado, City Glerk Phillp Levine, Mayor
T:\AGEN DA\201 SBpril\TCED\Tim Wilcox\Tim Wilcox RESO 1 (4-1 $1 5). docx
APPROVED AS TO
FORM & LANGUAGE
4-t-t5
-
Dote
722
RESOLUTION NO.
A RESOLUTION OF THE iIAYOR AND CITY COMi'ISSION OF THE CITY OF
T,IIAiiI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADilIN|STRATION TO TSSUE A REQUEST FOR PROPOSALS (RFp) FOR THE
iiANAGEiIIENT AND OPERATION OF CONCESSION STAND BUILDINGS AND
BEACHFRONT CONCESSION AREAS, LOCATED ADJACENT TO THE PUBLIC
PARKTNG LOTS AT 213TAND 46II{ STREETS.
WHEREAS, on October 14,2009, the City Commission authorized the issuance of a Request
for Proposals (RFP) to solicit proposals for the management and operation of concession stand
buildings, and beachfront concession areas, located adjacent to the public parking lots at 21st and
46th Streets;and
WHEREAS, RFP No. 05-09/10 was issued on October 20,2009, and proposals were sent or
provided to over eighty-five (85) firms and concessionaires; and
WHEREAS, on May 12, 2010, the City Commission adopted Resolution No. 201&27391,
accepting the recommendation of the City Manager pertaining to the ranking of firms; authorized
the Administration to enter into negotiations with the top-ranked firm of Tim \Mlcox, lnc.
('Concessionaire"); and further authorized the Mayor and City Clerk to execute an agreement upon
completion of successful negotiations by the Administration; and
WHEREAS, the City and Concessionaire executed a Concession Agreement, dated November
22,2010, for an initial term of two (2) years commencing on November 1,2010 and ending on
October 31, 2012, with three (3) renewal options for one (1) year each (the Agreement); and
WHEREAS, Concessionaire exercised allthree (3) of its renewal options and the Agreement is
scheduled to end on October 31, 2015; and
WHEREAS, Concessionaire submitted a letter to the City requesting to extend the Agreement
for a period of five (5) years, which would entail a 5/7b waiver of the competitive bidding
requirement;and
WHEREAS, in the event the City Commission does not approve the waiver of the competitive
bidding requirement, the Administration would recommend that the City Commission approve the
issuance of a new Request for Proposals (RFP), for the management and operation of concession
stand buildings and beachfront concession areas, located adjacent to the public parking lots at
21st and 46th Streets.
723
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMIIIIISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the Administration to
issue a Request for Proposals (RFP) for the management and operation of concession stand
buildings and beachfront concession areas, located adjacent to the public parking lots at 21st and
46th Streets.
PASSED and ADOPTED this
ATTEST:
day of _2015
T:\AGENDA\201 S\AprihTCED\Tim Wilcox\Tim Wlcox RESO 2 (4-1 5-1 s).docx
Rafael E. Granado, City Glerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOREXECUTION).L0*,f - 4't-5
CityAtlorpy
-
Dole
724
@ MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: Morch 03,20'15
SUBJECT: Discussion ltem - Request presentotion from FDOT regording Alton rood
from the 40's to the 6O's section.
Pleose ploce on the Morch 11 , 201 5 City 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 commiffed to providing excellent public service ond sofefy to oll who live, vtork, ond plcy in our vibront, tropical, ht:'^''^
Asenoa ttem RLF
o"t".TIS{S_725
THIS PAGE INTENTIONALLY LEFT BLANK
726
-1915.2ff1 {-"" .t, t,-" i {r_rt!tt[
iJ L_ y'*\\,--" tr ,
City of Miomi Beoch, 1700 Convention Center Drivi, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members the
FROM:
DATE:
SUBJECT:
Jimmy L. Morales, City Manager
April 15,2015
A DISCUSSION REGARDING E PROPOSAL TO EXPAND THE LICENSE
MAGARTHUR
BEACH.
PLATE READERS (LPR)ECT TO INCLUDE THE
CAUSEWAY, IN AN EFFORT TO REASE CRIME ON M!AM!
ADMINISTRATION RECOMMEN DATION
Approve the proposal to purchase additional License Plate Readers (LPRs) in order to expand
the program to cover the MacArthur Causeway.
ANALYSIS
The City has invested in a fixed LPR system which is currently being installed on the Venetian
Causeway (expected to be completed within the next few months). The Miami Beach Police
Department (MBPD) has also used five police vehicles equipped with LPR systems for the past two
years. The use of these LPR equipped vehicles has yielded the recovery of stolen vehicles and
many felony as well as misdemeanor arrests. Other local municipalities have successfully deployed
fixed LPR systems at their jurisdictional entry/exit points. These systems have allowed their police
departments to use the data to solve crimes, recover stolen property, and locate missing persons.
Our City and Police Department would also like to use the proposed LPR system in the same
manner. Expanding the system to secure every entry/exit point to the City would be ideal, but the
funding and process required to complete the construction and other required tasks is probably best
distributed across several fiscal years because of the total expense. Some data from use of the
LPRs in the past year is provided below:
Mobile/ln-Vehicle LPR Statistics for Miami Beach Police (March 25,2014 - March 25,2015):o Recoveries (stolen vehicles/tags, missing persons): 57o Felony arrests:1 5o Misdemeanor arrests: 67. UTC:4333o Parking Citations: 374o Tows:160e Tags Queried: 860,220
727
PROPOSAL
Upon approval, the Police Departmentwill expand the LPR system conceptto include the MacArthur
Causeway, two additional patrol vehicles, and two portable kits, in an effort to maximize intelligence
and ultimately reduce crime citywide.
Based on the Venetian Causeway Project, the estimated cost of an LPR installation is approximately
$35,000 per camera/location. The estimated cost of construction per pole/location is $30,000. We
estimate six cameras will be mounted to cover the multiple lanes of two-way traffic on this
causeway. This includes all associated hardware/software/licensing and a five-year maintenance
plan. These estimated costs are exclusive of related infrastructure construction costs for poles,
trenching/construction, power delivery, mounting, and permits. State of Florida and Miami-Dade
County Departments of Transportation prohibit us from using their existing infrastructure/poles for
the purpose of LPR or cameras. (DOT only permits municipalities to install traffic signal and toll
enforcement equipment. )
The Miami Beach Police Department's current LPR hardware, software, and database operate via
Vigilant Solutions, a leader in LPR technology. Vigilant Solutions is also the provider used by the
City of Miami and Miami-Dade Police Departments. Use of the same product to expand oursystem
will allow for successful integration of all of our systems and facilitate the beneficial sharing of data.
Purchasing our expansion hardware and software via another provider is not an option, as
integration/interfacing between products will unnecessarily complicate this process and lead to
failures. Hence, if approved, we will pursue a sole source contract for this expansion with Vigilant
Solutions.
FUNDING
The current FY 2014l15 budget does not include funding for additional License Plate Readers.
Additional LPR's will be submitted as potential enhancements for the FY 2015116 budget process.
CONCLUSION
The Police Department requests that the Commission consider an expansion of the License Plate
Reader (LPR) program, to specifically include the MacArthur Causeway, at an estimated cost
between $291,000 and $391,000.
No
JLM:DJO:WRG:dh
728
lf.*, ,*. ,;.x.m-re
ffireffi
Ciry of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morales, City Manager K/ / /,
DATE: April 15,2015 /- ( I
SUBJECT: DISCUSSION REGARDING THE POTENTIAL USE OF LOW FLOOR TROLLEY
VEHICLES FOR THE CITY OF MIAMI BEACH TROLLEY SYSTEM.
BACKGROUND
As a result of some feedback received from users of the Alton-West Trolley and North Beach
Trolley loop, the Administration has been working with the trolley Contractor to identify
amenities and service improvements that would enhance the quality of service provided. The
Contractor has recently identified that one of the main challenges to the on-time performance of
the service and that could use improvement is the operation of the current ln-step wheelchair lift
(hydraulic platform housed and deployed from within the trolley steps), which causes prolonged
stops and requires more space for passenger drop-off due to its design and operation.
The trolley vehicles currently being used for the Alton-West Trolley and North Beach Trolley
Loop are Classic American trolleys manufactured by Specialty Vehicles lnc. Given that a Middle
Beach Trolley route is under development and taking into consideration the aforementioned
operational challenges with the existing trolley vehicles, the Administration is considering the
possibility of discontinuing the current trolley vehicles and exploring the potential use of low-floor
trolley vehicles that can operate more efficiently in the constrained rights-of-way of Miami
Beach. The use of a low floor vehicle will allow for more convenient pick-up/drop-off of
passengers (including passengers with disabilities) in constrained rights-of-way. Low-floor
vehicles drop off passengers at grade, avoiding the need to deploy large wheelchair lifts for
disabled passengers. Low-floor vehicles are generally more expensive due to a heavier duty
chassis. All Miami-Dade Transit buses, for example, are low-floor buses.
ANALYSIS
The trolley vehicles used to provide service in Miami Beach are standard high-floor Classic
American vehicles that require the use of a wheelchair lift for disabled passengers. The price of
a new Classic American trolley is approximately $210,000.
Prior to 2015, only one type of low-floor trolley vehicle was available in the market - the Gillig
trolley replica, which is in essence a heavy duty bus wrapped with decals and branded to look
like a Classic American style trolley car. This type of vehicle is quoted at $450,000, more than
twice the capital cost of a Classic American Trolley. However, on January 2015, Hometown
Trolley manufactured its first low-floor vehicle. Upon request from City staff, Hometown provided
Agenda ttem Rq Hoatel-l-S-iF729
Commission Memorandum - Discussion Regarding the Potential Use of Low-floor Vehicles for the City of
Miami Beach Trolley System
April 1 5,2015
Page2 of 2
an estimated price range of $330,000 to $360,000 for a new low-floor trolley vehicle. Each
Hometown trolley can cost as much as $150,000 more than a Classic American Trolley. Both
trolley vehicles are equipped with an easy access foldable ramp. Brochures of both the Gillig
and Hometown Trolley vehicles have been attached for reference.
It is important to note that the capital cost of the trolley vehicles currently in service is being
amortized over the life of the contract with the City's trolley operator, Limousines of South
Florida lnc. (LSF) and that this capital cost is factored in the negotiated hourly rate of the
contract. Should the City Commission wish to discontinue the use of the Classic American
trolleys currently in service in lieu of low-floor trolley vehicles, LSF's hourly operating rate is
anticipated to increase by approximately 10-1SYo. For example, the annual operating cost of the
North Beach Trolley could increase from $1.6M to $1.84M. Additionally, a contract amendment
would be required.
CONCLUSION
The Administration is bringing this item before the City Commission for discussion.
Attachments:
A: Low-Floor Gillig Trolley Brochure
B: Low-Floor Hometown Trolley Brochure
tJioJt?e,
/JRG/JFG
T:\AGENDA\201S\April\Transportation\Discussion Regarding Low Floor Trolleys.doc
)Ne ore commifted ro prcviding excellent public servlce ond sofely tc all who li.,e, work, onC ploy in our vibront, tropicol, htsioric community-
730
,*r,t****r**;
Attachment A
t,tIllj
Trolley Charm with Modern Conveniences
Cl.i'ttec'..':t so id o.'l< r-.r:;tt::.'nIfisr;' stl't'c'rior'':; c.;1-'e I
:igi:t:rq, ar-:d co',',rcatchor'. {.\LI -lr'ollt;' 1q'p1,"f. ilacj(.rge
co::tlliles clrssrc troiil";'x11i.1i1;11 '.,.,i1.it trtD Q;iility,:11f i] c,J'rir'1rr-
Oc:-il'y features of o.r, sliinclard tr';rnsit bus. Urrrier''',rlltg it:
'rcsiaigic si),lrng is ilre uilnro t,irir')sit"pr"oveir. reiiiii:le,
'reav)"-dLrt)/ btls iLal )/oLr i1il1r'U Conrt 1(] dCp;er-rii Ott. A GILIIG
CLiS \'rrtl Our il Clle), r'eplica rl;tCl<age ',r'iii C{: A Seflrniesl;
acicJitrol to yoLr {icct.
Or;r 'li'oiie;r rs available ir-r 29. 35. a;rd.i0 lerrgths, po'.,veteci
by Ciean Diese o:.Diesei'Electric f-lynr;d"
7.h,a*{ourbr.5u,*y*tti1tir{qer.icru,.Jo,.95,i)@
731
A unitized stainless steel chassis with unique side impact
barrier adds strength and corrosion resistance to the Low Floor
bus and protects passengers in the event of a collision.
GILLIG's Low Floor body structure of lightweight, high-strength
aluminum with anodized side posts resists corrosion and
greatly simplifies collision repairs. lts reduced weight saves on
fuel costs and its aluminum components are recyclable.
The Driver's Station is comforl-
able and ergonomic. Controls
are convenient, easy-to-read,
and logically located to ensure
better vehicle control, ride
comfofi, and safety.
The Front Vestibule Area is
designed for quick and easy
entry and is one of the largest
in the industry. A 1:6 ramp
makes access even easier
and reduces dwell time.
Quick-Change Skid Panels
keep the bus out of the body
repair shop and back on the
road {or a potential collision
repair savings o{ $10.000/bus
over 12 years.
Standard-Sized Tires last up to
60% longer than low profile
tires, and their lower rolling
resistance saves fuel. Coupled
with a lighter body and an
efficient drivetrain, the labor
and fuel savings could equal
$24,000/bus over'l 2 years.
Maximum Seating
Maximum Height
Outside Turning Radius
Maximum Fuel Capacity
GVWR (lbs.)
28
(D) 132',. (H) 136"
30'
75 gal
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25800 Clawiter Road
Hayward, CA 94545
510.785.1500
www.gillig.com
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734
R9 - New Business and Commission Requests
Update On The Miami Beach Centennial.
(Office of the City Manager)
Agenda ltem
Date735
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736
r.-..-.------
OFFICE OF IHE MAYOR At-tD COMMTSSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
PUIh
Jimmy Moroles, City Monoger
Moyor Philip Levine
April 7, 2O1S
Please place on the {pril]5, 2a15, commission Meeting Agenda a discussion itemon a North Beach Safety plan.
lf you have any questions, please contact Leonor Hemandez at extension 6142.
we ore comnilled to prcviding exceliettt pubiic snice ond sfetv to oll whc ih,e, work, ard piay i, *tr yibranl. fioftic*!, hisrotic Agenda ftem R Q I
oate t|737
THIS PAGE INTENTIONALLY LEFT BLANK
738
g MIAMIBEACH
City of Miomi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members o the City C
FROM: Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: DISCUSSION ON CREATING AND APPOINTING MEMBERS
TO AN ADVISORY GROUP IN ACCORDANCE WITH
CHAPTER 259.032(10) OF THE FLORTDA STATUTES TO
REVIEW AND PROVIDE INPUT ON THE CITY'S
BEACHFRONT MANAGEMENT PLAN AND COMMENCUING
UPON EXECUTION OF A RESOLUTION AND CONCLUDING
UPON FINAL STATE APPROVAL OF THE BEACHFRONT
MANAGEMENT PLAN.
The City of Miami Beach leases the property eastward of the erosion control line (ECL)
from the State of Florida. As part of this lease agreement, the City is required to submit a
land management plan every 10 years for the State's approval. The City's land
management plan, also known as the City's Beachfront Management Plan, must outline
the property's uses, management activities, and planned projects. As such, the Plan
details the City's concession operation rules and regulations, special event permit
requirements, dune management strategy, and other key beach management activities.
The City is in the process of preparing the latest update to the Plan. In accordance with
Chapter 259.032(10) of the Florida Statutes, the City must create an advisory group of
community stakeholders to review the draft Plan and provide comments at a minimum of
one public meeting. Specifically, the advisory group shall include, at a minimum,
representatives of:
. The lead land managing agency;. Co-managingentities;. Local private property owners;. The appropriate soil and water conservation district;. A local conservation organization; and,. A local elected official.
CONCLUSION
The Administration recommends the creation of advisory group and the appointment of
its members in accordance with Chapter 259.032(10) of the Florida Statutes at the
discretion of the City Commission.
Attachments:
A: Chapter 259.032(10) of the Florida Statutes
JJ/MF/ESW/MKW
Aoenda ltem Al K- Dut"W739
Statutes & Constitution :View Statutes : Online Sunshine Page 1 ofS
ATlACll#/Srf A
Select Year: E0i4 q [-co]
The zor4 Florida Statutes
Titte XVlll Chapter 259
LAND ACQUISITIONS FOR CONSERVATION OR
RECREATION
View Entire
ChaoterPUBLIC LANDS AND
PROPERry
259.O32 Conservation and Recreation Lands Trust Fund; purpose.-
(1) lt is the poticy of the state that the citizens of this state shatI be assured pubtic ownership of
natural areas for purposes of maintaining this state's unique naturaI resources; protecting air, [and, and
water quatity; promoting water resource devetopment to meet the needs of natural systems and citizens
of this state; promoting restoration activities on pubtic lands; and providing [ands for natural resource
based recreation. ln recognition of this policy, it is the intent of the Legistature to provide such pubtic
lands for the peopte residing in urban and metropotitan areas of the state, as wetl as those residing in
less populated, rural areas. lt is the further intent of the Legistature, with regard to the lands described
in paragraph (3)(c), that a high priority be given to the acquisition, restoration, and management of
such lands in or near counties exhibiting the greatest concentration of poputation and, with regard to
the [ands described in subsection (3), that a high priority be given to acquiring lands or rights or
interests in lands that advance the goals and objectives of the Fish and Witdtife Conservation
Commission's approved species or habitat recovery ptans, or lands within any area designated as an area
of critical state concern under s. 380.05 which, in the judgment of the advisory council estabtished
pursuant to s. 259.035, or its successor, cannot be adequately protected by application of land
devetopment regulations adopted pursuant to s. 380.05. Finatty, it is the Legistature's intent that lands
acquired through this program and any successor programs be managed in such a way as to protect or
restore their natural resource vatues, and provide the greatest benefit, including pubtic access, to the
citizens of this state.
(2)(a) The Conservation and Recreation Lands Trust Fund is estabtished within the Department of
Environmenta[ Protection. The fund shat[ be used as a nonlapsing, revotving fund exctusivety for the
purposes of this section. The fund shatl be credited with proceeds from the fottowing excise taxes:
1. The excise taxes on documents as provided in s. 201.15; and
2. The excise tax on the severance of phosphate rock as provided in s. 21 1 .3't03.
The Department of Revenue shall credit to the fund each month the proceeds from such taxes as
provided in this paragraph.
(b) There shatl annuatty be transferred from the Conservation and Recreation Lands Trust Fund to
the Land Acquisition Trust Fund that amount, not to exceed 520 mittion annualty, as shatl be necessary
to pay the debt service on, or fund debt service reserve funds, rebate obligations, or other amounts with
respect to bonds issued pursuant to s. 375.051 to acquire tands on the established priority list devetoped
pursuant to ss. 259.101(4) and 259.105; however, no moneys transferred to the Land Acquisition Trust
Fund pursuant to this paragraph, or earnings thereon, shatt be used or made avaitabte to pay debt
service on the Save Our Coast revenue bonds. Amounts transferred annuatty from the Conservation and
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Recreation Lands Trust Fund to the Land Acquisition Trust Fund pursuant to this paragraph shall have the
highest priority over other payments or transfers from the Conservation and Recreation Lands Trust
Fund, and no other payments or transfers shat[ be made from the Conservation and Recreation Lands
Trust Fund until such transfers to the Land Acquisition Trust Fund have been made. Moneys in the
Conservation and Recreation Lands Trust Fund also shatl be used to manage lands and to pay for retated
costs, activities, and functions pursuant to the provisions of this section.
(3) The Governor and Cabinet, sitting as the Board of Trustees of the lnternal lmprovement Trust
Fund, may altocate moneys from the fund in any one year to acquire the fee or any [esser interest in
lands for the following pubtic purposes:
(a) To conserve and protect environmentalty unique and irreptaceabte [ands that contain native,
relatively unaltered ftora and fauna representing a natural area unique to, or scarce within, a region of
this state or a larger geographic area;
(b) To conserve and protect lands within designated areas of critical state concern, if the proposed
acquisition relates to the natural resource protection purposes of the designation;
(c) To conserye and protect native species habitat or endangered or threatened species,
emphasizing long-term protection for endangered or threatened species designated G-1 or G-2 by the
Ftorida Natural Areas lnventory, and especiatty those areas that are special locations for breeding and
reproduction;
(d) To conserve, protect, manage, or restore important ecosystems, landscapes, and forests, if the
protection and conservation of such lands is necessary to enhance or protect significant surface water,
groundwater, coastat, recreationat, timber, or fish or wildtife resources which cannot otherwise be
accomptished through [ocaI and state regutatory programs;
(e) To promote water resource devetopment that benefits natural systems and citizens of the state;
(f) To facilitate the restoration and subsequent heatth and vitatity of the Ftorida Evergtades;
(g) To provide areas, inctuding recreationat trails, for natural resource based recreation and other
outdoor recreation on any part of any site compatibte with conservation purposes;
(h) To preserve significant archaeotogicaI or historic sites;
(i) To conserve urban open spaces suitabte for greenways or outdoor recreation which are
compatibte with conservation purposes; or
(j) To preserve agricultura[ lands under threat of conversion to devetopment through [ess-than-fee
acquisitions.
(41 Lands acquired under this section shatt be for use as state-designated parks, recreation areas,
preseryes, reseryes, historic or archaeotogical sites, geotogic or botanicaI sites, recreationaI traits,
forests, witderness areas, witdtife management areas, urban open space, or other state-designated
recreation or conseryation lands; or they shatt quatify for such state designation and use if they are to
be managed by other governmental agencies or nonstate entities as provided for in this section.
(5) The board of trustees may attocate, in any year, an amount not to exceed 5 percent of the
money credited to the fund in that year, such atlocation to be used for the initiation and maintenance of
a natural areas inventory to aid in the identification of areas to be acquired pursuant to this section.
(6) Moneys in the fund not needed to meet obtigations incurred under this section shatl be deposited
with the Chief Financial Officer to the credit of the fund and may be invested in the manner provided by
taw. lnterest received on such investments shatl be credited to the Conservation and Recreation Lands
Trust Fund.
(7) The board of trustees may enter into any contract necessary to accomptish the purposes of this
section. The [ead land managing agencies designated by the board of trustees also are directed by the
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Legislature to enter into contracts or interagency agreements with other governmentaI entities,
including [oca[ soil and water conservation districts, or private land managers who have the expertise to
perform specific management activities which a lead agency lacks, or which woutd cost more to provide
in-house. Such activities shat[ inctude, but not be timited to, controtted burning, road and ditch
maintenance, mowing, and witdtife assessments.
(8) Lands to be considered for purchase under this section are subject to the setection procedures of
s. 259.035 and retated rules and shatl be acquired in accordance with acquisition procedures for state
lands provided for in s. 259.041, except as otherwise provided by the Legistature. An inhotding or an
addition to a project setected for purchase pursuant to this chapter is not subject to the selection
procedures of s. 259.035 if the estimated vatue of such inhotding or addition does not exceed 5500,000.
When at least 90 percent of the acreage of a project has been purchased pursuant to this chapter, the
project may be removed from the list and the remaining acreage may continue to be purchased. Moneys
from the fund may be used for titte work, appraisal fees, environmental audits, and survey costs retated
to acquisition expenses for lands to be acquired, donated, or exchanged which quatify under the
categories of this section, at the discretion of the board. When the Legislature has authorized the
Department of Environmental Protection to condemn a specific parcel of land and such parcel has
already been approved for acquisition under this section, the [and may be acquired in accordance with
the provisions of chapterT3 or chapter 74, and the fund may be used to pay the condemnation award
and at[ costs, inctuding a reasonable attorney's fee, associated with condemnation.
(9) Att tands managed under this chapter and s. 253.034 shatl be:
(a) Managed in a manner that witt provide the greatest combination of benefits to the pubtic and to
the resources.
(b) Managed for pubtic outdoor recreation which is compatibte with the conservation and protection
of pubtic lands. Such management may inctude, but not be timited to, the fotlowing pubtic recreationat
uses: fishing, hunting, camping, bicycting, hiking, nature study, swimming, boating, canoeing, horseback
riding, diving, modet hobbyist activities, birding, saiting, jogging, and other retated outdoor activities
compatibte with the purposes for which the lands were acquired.
(c) Managed for the purposes for which the lands were acquired, consistent with paragraph (11)(a).
(d) Concurrent with its adoption of the annual Conservation and Recreation Lands tist of acquisition
projects pursuant to s. 259.035, the board of trustees shalt adopt a management prospectus for each
project. The management prospectus shat[ delineate:
1. The management goats for the property;
2. The conditions that wi[[ affect the intensity of management;
3. An estimate of the revenue-generating potentiaI of the property, if appropriate;
4. A timetabte for imptementing the various stages of management and for providing access to the
pubtic, if appticabte;
5. A description of potential muttipte-use activities as described in this section and s. 253.034;
6. Provisions for protecting existing infrastructure and for ensuring the security of the project upon
acquisition;
7. The anticipated costs of management and projected sources of revenue, inctuding legistative
appropriations, to fund management needs; and
8. Recommendations as to how many emptoyees witl be needed to manage the property, and
recommendations as to whether [oca[ governments, votunteer groups, the former landowner, or other
interested parties can be invotved in the management.
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(e) Concurrent with the approva[ of the acquisition contract pursuant to s. 259.041 (3)(c) for any
interest in lands except those lands being acquired under the provisions of s. 259.1052, the board of
trustees shatl designate an agency or agencies to manage such [ands. The board sha[[ evatuate and
amend, as appropriate, the management poticy statement for the project as provided by s. 259.035,
consistent with the purposes for which the lands are acquired. For any fee simple acquisition of a parcel
which is or wit[ be leased back for agricuttura[ purposes, or any acquisition of a less-than-fee interest in
[and that is or witl be used for agricultural purposes, the Board of Trustees of the lnternal lmprovement
Trust Fund shat[ first consider having a soiI and water conservation district, created pursuant to chapter
582, manage and monitor such interests.
(f) State agencies designated to manage [ands acquired under this chapter except those [ands
acquired under s. 259.1052 may contract with [oca[ governments and soil and water conservation
districts to assist in management activities, including the responsibitity of being the lead land manager.
Such tand management contracts may inctude a provision for the transfer of management funding to the
local government or soi[ and water conservation district from the Conservation and Recreation Lands
Trust Fund in an amount adequate for the [oca[ government or soiI and water conservation district to
perform its contractual land management responsibitities and proportionate to its responsibilities, and
which otherwise would have been expended by the state agency to manage the property.
(g) Immediately fottowing the acquisition of any interest in lands under this chapter, the Department
of Environmental Protection, acting on behatf of the board of trustees, may issue to the lead managing
entity an interim assignment letter to be effective until the execution of a formal lease.
(10)(a) State, regionat, or [oca[ governmenta[ agencies or private entities designated to manage
lands under this section shatl devetop and adopt, with the approva[ of the board of trustees, an
individua[ management ptan for each project designed to conserye and protect such lands and their
associated naturaI resources. Private sector invotvement in management ptan devetopment may be used
to expedite the ptanning process.
bd*
d#bin,adu,isory.group sha[[ include, at.qn
Wthetead{andmanaging,ag€ncy,cornanagingentities,loca[privatB
ffity owners, the appropriaf,q,;git and.water conservation district, a locat conservation organizatiory
orygroupsha[tconductat[eastonepub[ichearingwithinthe
county in which the parce[ or project is [ocated. For those parcets or projects that are within more than
one county, at least one areawide pubtic hearing shatt be acceptabte and the lead managing agency shatl
invite a [oca[ etected officiat from each county. The areawide pubtic hearing shatl be hetd in the county
in which the core parcets are located. Notice of such pubtic hearing shatl be posted on the parcel or
project designated for management, advertised in a paper of general circutation, and announced at a
scheduled meeting of the [oca[ governing body before the actual pubtic hearing. The management
prospectus required pursuant to paragraph (9)(d) shatt be availabte to the pubtic for a period of 30 days
prior to the public hearing.
(c) Once a ptan is adopted, the managing agency or entity shat[ update the ptan at least every 1 0
years in a form and manner prescribed by rute of the board of trustees. Such updates, for parcets over
160 acres, shatl be devetoped with input from an advisory group. Such ptans may include transfers of
leasehotd interests to appropriate conseryation organizations or governmental entities designated by the
Land Acquisition and Management Advisory CounciI or its successor, for uses consistent with the
purposes of the organizations and the protection, preservation, conservation, restoration, and proper
management of the lands and their resources. Votunteer management assistance is encouraged,
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inctuding, but not limited to, assistance by youths participating in programs sponsored by state or [oca[
agencies, by votunteers sponsored by environmental or civic organizations, and by individuats
participating in programs for committed detinquents and adutts.
(d)1. For each project for which lands are acquired after Juty 1, 1995, an individua[ management
ptan shat[ be adopted and in place no [ater than 1 year after the essentiaI parceI or parcets identified in
the priority list devetoped pursuant to ss. 259.101(4) and 259.105 have been acquired. The Department
of Environmental Protection shatl distribute only 75 percent of the acquisition funds to which a budget
entity or water management district woutd otherwise be entitted from the Preservation 2000 Trust Fund
to any budget entity or any water management district that has more than one-third of its management
ptans overdue.
2. The requirements of subparagraph 1. do not apply to the individual management ptan for the
Babcock Crescent B Ranch being acquired pursuant to s. 259.1052. The management ptan for the ranch
shatt be adopted and in place no later than 2 years fotlowing the date of acquisition by the state.
(e) lndividual management ptans shatl conform to the appropriate poticies and guidetines of the
state land management plan and shatl inctude, but not be limited to:
1. A statement of the purpose for which the tands were acquired, the projected use or uses as
defined in s. 253.034, and the statutory authority for such use or uses.
2. Key management activities necessary to achieve the desired outcomes, including, but not timited
to, providing pubtic access, preserving and protecting naturat resources, protecting cuttural and
historicaI resources, restoring habitat, protecting threatened and endangered species, controlting the
spread of nonnative ptants and animals, performing prescribed fire activities, and other appropriate
resource management.
3. A specific description of how the managing agency ptans to identify, locate, protect, and
preserye, or otherwise use fragile, nonrenewabte natural and cuttural resources.
4. A priority schedute for conducting management activities, based on the purposes for which the
[ands were acquired.
5. A cost estimate for conducting priority management activities, to inctude recommendations for
cost-effective methods of accomptishing those activities.
6. A cost estimate for conducting other management activities which woutd enhance the natural
resource vatue or pubtic recreation vatue for which the lands were acquired. The cost estimate shatl
include recommendations for cost-effective methods of accomplishing those activities.
7. A determination of the pubtic uses and pubtic access that woutd be consistent with the purposes
for which the lands were acquired.
(f) The Division of State Lands shat[ submit a copy of each individuat management ptan for parcets
which exceed 160 acres in size to each member of the Acquisition and Restoration Counci[, which shatt:
1. Within 60 days after receiving a ptan from the division, review each plan for comptiance with the
requirements of this subsection and with the requirements of the rutes estabtished by the board
pursuant to this subsection.
2. Consider the propriety of the recommendations of the managing agency with regard to the future
use or protection of the property.
3. After its review, submit the ptan, atong with its recommendations and comments, to the board of
trustees, with recommendations as to whether to approve the plan as submitted, approve the ptan with
modifications, or reject the ptan.
(g) The board of trustees shat[ consider the individuat management ptan submitted by each state
agency and the recommendations of the Acquisition and Restoration CounciI and the Division of State
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Lands and sha[[ approve the plan with or without modification or reject such ptan. The use or possession
of any tands owned by the board of trustees which is not in accordance with an approved individua[
management ptan is subject to termination by the board of trustees.
By Juty 1 of each year, each governmenta[ agency and each private entity designated to manage [ands
shatl report to the Secretary of Environmental Protection on the progress of funding, staffing, and
resource management of every project for which the agency or entity is responsible.
(1 1 )(a) The Legislature recognizes that acquiring lands pursuant to this chapter serves the pubtic
interest by protecting [and, air, and water resources which contribute to the pubtic heatth and wetfare,
providing areas for natural resource based recreation, and ensuring the survival of unique and
irreptaceabte ptant and animal species. The Legistature intends for these lands to be managed and
maintained for the purposes for which they were acquired and for the pubtic to have access to and use
of these lands where it is consistent with acquisition purposes and woutd not harm the resources the
state is seeking to protect on the public's behatf.
(b) An amount of not less than 1.5 percent of the cumutative total of funds ever deposited into the
Ftorida Preservation 2000 Trust Fund and the Ftorida Forever Trust Fund shatt be made avaitable for the
purposes of management, maintenance, and capital improvements not etigibte for funding pursuant to s.
1 1 (e), Art. Vll of the State Constitution, and for associated contractual services, for lands acquired
pursuant to this section, s.259.101, s. 259.105, s.259.1052, or previous programs for the acquisition of
lands for conservation and recreation, including state forests, to which titte is vested in the board of
trustees and other conservation and recreation lands managed by a state agency. Of this amount,
5250,000 shatt be transferred annuatty to the Ptant lndustry Trust Fund within the Department of
Agricutture and Consumer Services for the purpose of imptementing the Endangered or Threatened
Native Flora Conservation Grants Program pursuant to s. 581.'185(11). Each agencywith management
responsibitities shatl annua[[y request from the Legistature funds sufficient to futfitt such responsibitities
to imptement individuaI management ptans. For the purposes of this paragraph, capitaI improvements
sha[[ inctude, but need not be timited to, perimeter fencing, signs, firetanes, access roads and traits,
and minimat pubtic accommodations, such as primitive campsites, garbage receptactes, and toilets. Any
equipment purchased with funds provided pursuant to this paragraph may be used for the purposes
described in this paragraph on any conservation and recreation lands managed by a state agency. The
funding requirement created in this paragraph is subject to an annual evatuation by the Legistature in
order to ensure that such requirement does not impact the respective trust fund in a manner that woutd
prevent the trust fund from meeting other minimum requirements.
(c) At[ revenues generated through muttipte-use management or compatibte secondary-use
management shatl be returned to the lead agency responsibte for such management and shatt be used to
pay for management activities on a[[ conservation, preservation, and recreation [ands under the
agency's jurisdiction. ln addition, such revenues shatl be segregated in an agency trust fund and shall
remain avaitable to the agency in subsequent fiscal years to support land management appropriations.
For the purposes of this paragraph, compatibte secondary-use management shat[ be those activities
described in subsection (9) undertaken on parcets designated as singte use pursuant to s. 253.034(2)(b).
(d) Up to one-fifth of the funds provided for in paragraph (b) shatt be reserved by the board of
trustees for interim management of acquisitions and for associated contractuaI services, to ensure the
conservation and protection of natural resources on project sites and to altow limited public
recreational use of lands. lnterim management activities may include, but not be timited to, resource
assessments, control of invasive, nonnative species, habitat restoration, fencing, [aw enforcement,
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Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 8
controtled burning, and public access consistent with preliminary determinations made pursuant to
paragraph (9)(g). The board of trustees shall make these interim funds available immediately upon
purchase.
(e) The department shatl set [ong-range and annua[ goats for the control and removal of nonnative,
invasive ptant species on pubtic lands. Such goats shatl differentiate between aquatic plant species and
uptand ptant species. ln setting such goals, the department may rank, in order of adverse impact,
species that impede or destroy the functioning of natural systems. Notwithstanding paragraph (a), up to
one-fourth of the funds provided for in paragraph (b) may be used by the agencies receiving those funds
for control and removal of nonnative, invasive species on public lands.
1(f) For the 2014-2015 fiscatyear onty, moneys in the Conservation and Recreation Lands Trust Fund
may be transferred to the Ftorida Forever Trust Fund for the Ftorida Forever program and to the Save
Our Evergtades Trust Fund to support Evergtades restoration projects inctuded in the final report of the
Setect Committee on lndian River Lagoon and Lake Okeechobee Basin, dated November 8,2013,
pursuant to nonoperating budget authority under s. 216.181(121. This subsection expires Juty 1 ,2015.
(12)(a) Beginning Juty'1, 1999, the Legistature shatl make availabte sufficient funds annuatly from
the Conservation and Recreation Lands Trust Fund to the department for payment in lieu of taxes to
quatifying counties and [oca[ governments as defined in paragraph (b) for atl actua[ tax losses incurred
as a result of board of trustees acquisitions for state agencies under the Florida Forever program or the
Ftorida Preservation 2000 program during any year. Reserved funds not used for payments in [ieu of
taxes in any year sha[[ revert to the fund to be used for land management in accordance with the
provisions of this section.
(b) Payment in lieu of taxes shatl be availabte:
1. To atl counties that have a poputation of 150,000 or fewer. Poputation levets shatl be determined
pursuant to s. 1 1.031.
2. To all [oca[ governments located in etigibte counties.
3. To Gtades County, where a privatety owned and operated prison leased to the state has recentty
been opened and where privately owned and operated juvenite justice facitities leased to the state have
recently been constructed and opened, a payment in lieu of taxes, in an amount that offsets the loss of
property tax revenue, which funds have atready been appropriated and attocated from the Department
of Correction's budget for the purpose of reimbursing amounts equal to lost ad vatorem taxes.
(c) lf insufficient funds are avaitable in any year to make futl payments to a[[ quatifying counties and
local governments, such counties and [oca[ governments shatl receive a pro rata share of the moneys
avaitabte.
(d) The payment amount shatl be based on the average amount of actua[ taxes paid on the property
for the 3 years preceding acquisition. Applications for payment in lieu of taxes shatt be made no later
than January 31 of the year fotlowing acquisition. No payment in [ieu of taxes shatl be made for
properties which were exempt from ad vatorem taxation for the year immediately preceding
acquisition.
(e) lf property which was subject to ad vatorem taxation was acquired by a tax-exempt entity for
uttimate conveyance to the state under this chapter, payment in lieu of taxes shatt be made for such
property based upon the average amount of taxes paid on the property for the 3 years prior to its being
removed from the tax rotts. The department sha[[ certify to the Department of Revenue those properties
that may be etigibte under this provision. Once etigibitity has been established, that county or [oca[
government shatl receive annual payments for each tax loss untiI the quatifying county or local
government exceeds the poputation threshotd pursuant to this section.
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(f) Payment in lieu of taxes pursuant to this subsection shal[ be made annuatty to quatifying counties
and [oca[ governments after certification by the Department of Revenue that the amounts apptied for
are reasonabty appropriate, based on the amount of actual taxes paid on the etigibte property. With the
assistance of the [oca[ government requesting payment in lieu of taxes, the state agency that acquired
the [and is responsibte for preparing and submitting apptication requests for payment to the Department
of Revenue for certification.
(g) lf the board of trustees conveys to a [oca[ government titte to any land owned by the board, any
payments in lieu of taxes on the land made to the [oca[ government sha[[ be discontinued as of the date
of the conveyance.
For the purposes of this subsection, "tocal government" inctudes municipatities, the county school
board, mosquito control districts, and any other [oca[ government entity which levies ad vatorem taxes,
with the exception of a water management district.
(13) Moneys credited to the fund each yearwhich are not used for management, maintenance, or
capitalimprovements pursuant to subsection (11); for payment in lieu of taxes pursuant to subsection
(12); or for the purposes of subsection (5), shalt be avaitabte for the acquisition of land pursuant to this
section.
(14) The board of trustees may adopt rules to further define the categories of land for acquisition
under this chapter.
(15) Within 90 days after receiving a certified letter from the owner of a property on the
Conservation and Recreation Lands list or the priority [ist estabtished pursuant to s. 259.105 objecting to
the property being inctuded in an acquisition project, where such property is a project or part of a
project which has not been listed for purchase in the current year's land acquisition work ptan, the
board of trustees shatl detete the property from the list or from the boundary of an acquisition project
on the [ist.
History.-s.8,ch.79-255; s.16, ch.80-356; s.5, ch.81-35; s.1, ch.81-2'10; s.165, ch.81-259; s.1, ch.82-152; s.2, ch.
83-80; s.'1, ch.83-114;s.10, ch.84-330; s.13, ch.86-178i s.6, ch. 86-294; s. 1, ch.87-96;s.1, ch.88-387; s.'13, ch.89-
116; s. 1, ch.89-276; s. 2, ch. 90-1; s. 8, ch.90-2'17; s. 1, ch. 91-62; s.5, ch.91-420; s. 2, ch. 97-288; s. 45, ch. 93-206; s. 4,
ch.94:197; s.'1, ch.94-2'12; s.1, ch.94-240; s.65, ch.94-356; s.5, ch.95-349; ss.19,20, ch.95-430; s.3, ch.96-389; s.19,
ch.96-420; s.23, ch.97-94;ss.27,29,ch.97-153; s.6, ch.97-164; ss.26,38, ch.98-46; s.'10, ch.99-4;s.34, ch.99-13; ss.
28,33,53, ch.99-278; s.13, ch.99-247; s.20, ch.99-292; s.7, ch.2000-170; s.61, ch.20OO-171; s.45, ch.2001-61;s.7,
ch. 7002-2; s. 28, ch. 2002-402; s. I 5, ch. 2003-6; s. 280, ch. 2003-261; s. 6, ch. 2003-394; s. 1 8, ch. 2004-5; ss. 42, 75, ch.
2004-269; s. 41, ch. 2005-71; ss. 31, 42, ch. 2006-26; s. 4, ch. 2006-231; s. 5, ch. 2008-5; s. 9, ch. 2008-229; s. 21, ch. 2009-
21; s. 36, ch. 2013-15; s. 37, ch. 7014-53.
1Note.-section 37, ch. 2014-53, added paragraph (f) to subsection (11) "ti]n order to imptement Specific Appropriations
'l 583 and 1627A and sections 53 and 54 of the 2014-201 5 General Appropriations Act. "
Note.- Former s. 253.023.
Copyright o 1995-2015 The Ftorida Legistature . Privacv Statement . Contact Us
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748
R1 0
GITY ATTORNEY REPORTS
749
MIAMIBEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members of the City Commission
FROM: RaulAguila, City Attorn"yn ,A t
DATE: Aprir 15,2015 -tl*-t
Cr, l---
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMT BEACH SINCE THE LAST
REPORT
1. U.S. BANK NATIONAL ASSOCIATION V. JOSE L. IUIARTINEZ Case No. 15-
ounty)
This is an action to foreclose a mortgage on real property located at 1228 West
Avenue, Unit 1103, Miami Beach, Florida. The Summons and Verified Complaint to
Foreclose Mortgage were served on the City on March 2,2015.
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 March 4,2015.
Case No. 15-004877 CA01
(Circuit Court - 11* Judicial Circuit in and for Miami-Dade County, Florida)
The City was served with this complaint on March 4,2015, alleging that on August 15,
2013, the plaintiff, Juan Dominguez, was picked up from his vacation condominium at
6969 Collins Avenue, Miami Beach, Florida, and was taken to the Miami Beach Police
station wherein he was interrogated for and ultimately arrested for making three
phone calls on August 10,2013 to the non-emergency line threatening to harm CMB
police officers and specifically threatened to kill Officer Jorge Mercado. He was
charged with assault on a police officer and transported to TGK Correction Center
where he remained until he was released on bond on August 17,2019.
The complaint alleges that had the investigating officers taken the time to simply listen
and review the department's own telephone recordings of the incident prior to
detaining the plaintiff, it would have been plainly evident that the plaintffi had no
involvement whatsoever in making the alleged threatening telephone calls to the
department, but rather made three calls on the same date to report certain individuals
he noticed breaking into a boarded up building next to his condominium and gathering
in the building drinking and carrying on. On November 18,2013, the charges against
the plaintiff were dismissed and the case was nolle prossed because the City of
Miami Beach PD's own records documented the incident undisputedly proved that the
plaintiff did not make any threatening telephone calls to the department; nor did the
plaintiff make any threatening telephone calls specifically directed to Officer Jorge
Mercado. We shallfile our answer and propound discovery.
Agenda ttem R l0Ao^t"-Fli:l{750
City Attorney's Report
April15,2015
Page 2
3. ADRIENNE SAMANTHA EVANS V. CITY OF MIAIUII BEACH MISHART TORRES
Civil Action No. 15 -CV-20864 in the United States District Court for the Southern
District of Florida
Plaintiff sued the City alleging false arrest and excessive force. The City will
vigorously defend the suit. Because Plaintiff suffered a broken arm and required
surgery as a result of her claimed injury, a judgment in this case could exceed
$100,000.
ET. AL.LT.4.
KOTSIOPOULOS. ET AL.. Case No. 15-2461 CA 24 (Circuit Court - 11
Circuit in and for Miami-Dade County, Florida)
Judicial
5,
6.
This is an action to foreclose a mortgage on real property located 1458 Ocean Drive,
Unit 302, Miami Beach, Florida. The Summons and Verified Complaint were served
on the City on March 18,2015.
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 March 24,2015.
BARRY GOLLOP V. ALEXANDER -TORRES. INDIVIDUALLY. iIIORTON EATON.
INDIVIDUALLY. AND THE CITY OF MIAMI BEAGH, Case No. 15CV20914-
Ungaro/Otazo-Reyes (United States District Court for the Southern District of Florida)
Plaintiff sued the City alleging false anest and excessive force. The City will
vigorously defend the suit. A judgment in this case would likely be less than $100,000.
BANK OF AMERICA. N.A. V. DANIEL FERNANDEZ A'K/A DANIEL FERNANDES.
Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 11700 SW 18th
Street, Unit 411-2, Miami, Florida. The Summons and Amended Complaint were
served on the City on March 24,2015.
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 March 31,2015.
This is an action to foreclose a mortgage on real property located 5445 Collins
Avenue, Unit 502, Miami Beach, Florida. The Summons and Verified Complaint were
served on the City on March 24,2015.
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 March 30, 2015.
ASSOCIATION. !NC.. ETC.. ET AL.. Case No. 15-4499 CA 05 (Circuit Court - 11
Judicial Circuit in and for Miami-Dade County, Florida)
751
City Attorney's Repoft
April 15,2015
Page 3
8. CHRISTOPHER PARKER. ET AL v. ATS GONSOLIDATED. lNC.. ET AL Case No.
1:14CY-24010 (United States District Court for the Southern District of Florida)
The first Federal Lawsuit against the City of Miami Beach was dismissed by the
Court. This is the secondary Federal lawsuit that was pending in the South District of
Florida, and was amended to include the City of Miami Beach as a Co-Defendant.
The City was served with a Federal Summons and Class Action Complaint (the
"Class Action Complaint") on March 25,2015. This Class Action Complaint asserts
that the City of Miami Beach's Red Light Camera Program pursuant to Section
316.0083 of the Florida Statutes, is an unlawful delegation of municipal (Police
Power) authority that is legally prohibited pursuant to Florida law. The Class Action
Complaint further asserts that the City of Miami Beach should be enjoined from the
issuance of any further violations pursuant to Section 316.0083, and that the City's
Red Light Camera Program must be declared an improper and unlawfuldelegation of
its police power, rendering the issuance of any notices of violation(s) or uniform traffic
citation(s) ("UTC') unlawful under Florida Law.
The City has requested that Xerox State and Local Solutions, lnc. (the City's Vendor)
formally known as ACS State & Local Solutions, lnc. ('Xerox") indemnify, hold
harmless, assert defenses on its behalf, and continue defending the City through the
conclusion of the pending Federal Class Action Lawsuit pursuant to the Contractual
Agreement. The Class Action Lawsuit directly challenges the City's Red Light
Camera Enforcement Program ("the Program") pursuant to the Agreement between
Xerox and the City, which expressly authorized the issuance of violations against
owners of those motor vehicles who proceeded into an intersection equipped with a
traffic control signal monitoring system operated by Xerox. ln that regard, the Class
Action Lawsuit seeks to invalidate the City's Program and any violations or UTC's
issued accordingly, and to disgorge those monetary payments received under the
Program.
The City estimates that the amount of losses will be those monetary payments that
have been received under the Photo Red Light Enforcement Program, and the
awarding of attorneys' fees, if any, and costs of litigating the Class Action
Lawsuit. The City Attorney's ffice will be vigorously defending the merits of this
lawsuit, and a Motion to Dismiss will be filed seeking the dismissal of the matter with
Prejudice.
ET AL., Case No. 154141 CA
59 (Circuit Court - 11'n Judicial Circuit in and for Miami-Dade County, Florida)
This is an action to foreclose a mortgage on real property located 2600 NW 28 Street,
Unit 206-2, Miami, Florida. The Summons and Verified Complaint were served on the
City on March 25,2015.
The City's Answer and Affirmative Defense, asserting priority for any special
assessments, including, but not limited to, utility water and sewer seryices, demolition
or board-up liens, and resort taxes was filed on March 31,2015.
752
City Attorney's Repoft
April15,2015
Page 4
10.
11.
CITY OF irllAMl BEACH. ET AL. ETC. VS PENN 17. LLC. ET AL.. Case No. 15-530
CC 24 (County Court - in and for Miami-Dade County, Florida)
This is an eviction action filed against Penn 17, LLC for the premises located at 1661
Pennsylvania Avenue, Miami Beach, FL. The Complaint contains a count for
possession, damages and foreclosure of the landlord's lien.
ANNA M DE SOUZA v CITY OF MIAMI BEACH. Case No. 2015-005787-CA-01
e County, Florida)
The City was served with this complaint on March 31, 2015, alleging that on March 1,
2014, the plaintiff, Anna De Souza, tripped and fell over an uneven slab of sidewalk
while walking on the south side sidewalk located on 71 Street approaching Byron
Avenue, Miami Beach, FL, causing injuries to the plaintiff. The sidewalk and roadway
of 71 Street is owned by FDOT, but the City of Miami Beach is responsible for
maintenance of the location pursuant to an agreement we signed with FDOT for
maintenance of 71 Street sidewalk area and curbs after we improved the sidewalk
and curbs as a result of the North Beach Street Scape lmprovement Project that the
City embarked on in 1993. We shall file our answer and propound discovery to the
plaintiff.
ISAAG BENAYON. as Parent and Natural Quardian of JEREllllY BENAYON. a
mlnor. and ISAAG BENAYON. individuallv v. CITY OF ltllAMl BEACH Case No.
CountY,
Florida)
The City was served with this complaint on April 3, 2015, alleging that on December
12,2013, the plaintiff, The Plaintiff, Jeremy Benayon, a minor, tripped and fell over an
exposed and open electrical box located directly east of the intersection of Lincoln
Road and Pennsylvania Avenue while watching a break dancing exhibition causing
injury to the plaintiff. The Plaintiff is suing for negligence, attractive nuisance and Loss
of Filial Consortium against Defendant, City of Miami Beach.
We shallfile our answers to the complaint and propound discovery to the plaintiff. The
claim file from Risk Manager, Sonia Bridges, contains an email dated Tuesday,
August 12,2014 from Fernando Pestana wherein he indicated that Street Performers
have a free flowing permit given by Code Compliance on a first come-first serve
basis. We shall inquire from Kenny Varela and Randi Macbride of Code Compliance
to find out what break dancing performer was issued a permit to perform at Lincoln
Road and Pennsylvania Avenue at about 5 p.m. 12-25-2013, on Christmas day to see
if we can tender to an insurance carrier if the performers are obligated to obtain
insurance pursuant to the issuance of the permit.
MIAMI DESIGN PRESERVATION LEAGUE. lNC. v. lUllAMI BEACH COMMUNITY
H TRIST
BEAGH, Case No. 15-6698 CA-04 (Circuit Court - 11'n Judicial Circuit in and for
Miami Dade County, Florida)
The Miami Design Preservation League, lnc. served the City with a motion for
injunctive relief, and immediately thereafter with an amended complaint seeking
injunctive relief, alleging that the City did not have the power to executed the March
12.
13.
753
City Attomey's Repoft
April l5,2015
Page 5
11, 2015 settlement agreement with the Miami Beach Community Church, lnc. and
South Beach Tristar, LLC, under the FLUEDRA proceeding, pursuant to section
70.51, Florida Statutes.
A status conference is scheduled for April 15, 2015 before Judge Bronwyn C. Miller.
The FLUEDRA settlement agreement provides indemnification of the City, and
requires Miami Beach Tristar LLC to pay for our legal expenses. The City has hired
Raoul Cantero, of White and Case, the Former Florida Supreme Court Justice, as
counsel in this matter. The City shall respond to the amended complaint and attend
the status conference.
14. MIAIUII BEACH COMIU.UNITY CHURCH. INC. AND i'IIAMI BEACH TRISTAR LLC V.
RVA
Case No.14473 AP (Florida 11'n Circuit Court Appellate Division).
Miami Beach Community Church, lnc. and Miami Beach Tristar LLC filed an appeal, a
petition for certiorari review, in Circuit Court, Appellate Division, to review the October
31,2014 decision of the Historic Preservation Special Master. Simultaneously, Miami
Beach Community Church, lnc. and Miami Beach Tristar LLC filed their alternative
dispute resolution proceeding under FLUEDRA, pursuant to 70.51, Florida Statutes.
Due to FLUEDRA proceeding the appealwas stayed. City's response is due on April
24, 2015. However, due to the settlement agreement executed in the FLUEDRA
alternative dispute resolution process, the petition for certiorari will be dismissed.
15. BOOS DEVELOPMENT GROUP. lNC.. a Flori4a Corporation. and CVS 10346 FL.
LLC. a Florida limited liabilitv companv v. 1500 9CEAN DRIVE GgNDOMINIUM
ASSOCIATION. lNC.. a Florida Corporation. JONATHAN PLUTZIK. BETSY
ROSS OWNER. LLC. a Florida limited liability companv. Ocean Gourt. LLC. a
Florida limited liabilitv companv: and GITY OF MIAMI BEACH, Case No. 3D15-
315 (Florida Third District Court of Appeal)
ln 2014,1500 Ocean Drive Condominium Association, lnc., and Jonathan Plutzik, as
the Representative/Owner of Betsy Ross Owner, LLC, Ocean Court, LLC, (hereinafter
collectively "Betsy Ross") filed a petition for certiorari over certain variances granted
to the CVS by the City's Board of Adjustment. On January 8, 2015, the Eleventh
Judicial Circuit Appellate Panel in and for Miami-Dade County ruled in favor of the
Betsy Ross. Boos Development Group, lnc. and CVS 10346 FL, LLC, filed an appeal
of that decision, via discretionary review under a second tiered petition for certiorari,
alleging that Betsy Ross lacked standing to challenge the variances. The City's
response brief is due April 30, 2015. The City shall defend standing as to Jonathan
Plutzik, Besty Ross Owner, LLC and Ocean Court, LLC, as these parties have special
injury standing. However, 1500 Ocean Drive Condominium Association, lnc. never
appeared at the hearing, and the City agrees with Boos Development Group, lnc. and
CVS 10346 FL, LLC as to their lack of standing. Oral Argument has not been
scheduled.
754
City Attorney's Repoft
April15,2015
PageT
20. KING DAVID TOWERS. lNC., and THIAGO GUERRA v. CITY OF MIAMI BEACH
and 3425 COLLINS. LLG, 15-0083-AP-01 (Florida 11th Circuit Court, Appellate
Division).
On December 5, 2014, the City's Board of Adjustment granted the Respondent, 3425
Collins, LLC's (Faena) requests for 18 varian@s, concluding that the application
satisfied the variance standards in the Code, in order to restore the historic
Contributing building known as the Versailles Hotel (Versailles) and to construct a
companion building. King David Towers, Inc. and Thiago Guerra have filed an
appeal, via a petition for certiorari review, of the decision to grant the variances. The
City's response brief is due May 6, 2015. Oral argument has not been scheduled.
21. BEL AIRE QN THE OCEAN CONDOMINIUii ASSOGIATION. lNC.. a Florida not
fOr prOfit Corporation v. CITY OF MIAMI BEACH AND MIMOSA RESTDENCES
CONDOilIINIUM ASSOCIATION. lNC., Case No. 15-087 AP (Florida 11th Circuit
Court, Appellate Division)
On February 23, 2015, the HPB issued an order granting variances to Mimosa
Residences Condominium Association, lnc. (Hereinafter Mimosa), for the property
located at 6525 Collins Avenue. Bel Aire on the Ocean Condominium Association,
lnc., (Bel Aire) filed an appeal, via a petition for certiorari, challenging the HPB Order
to grant the variances. ln the interim, Mimosa abandoned its variances, and as a
result, BelAire has voluntarily dismissed its petition. This matter is now resolved.
22. lN RE: 1775 JAMES AVENUE, Appealto HPB Special Master, Case No.: 15-001.
Mr. Mato Colak filed an appeal to the HPB Special Master of the February 23, 2015
decision of the Historic Preservation Board, as to a certificate of appropriateness
order issued for the Jade Hotel, located at 1775 James Avenue. Briefing schedule
has issued by the Special Master. Oral argument scheduled for June 1 ,2015.
23. lN RE: 42$ EUCLID AVENUE, Appealto the HPB Special Master, Case No. 15-002
Sunset Parking Systems, lnc. has filed an appeal to the HPB Special Master of the
certificate of appropriateness order entered on March 16, 2015 by the HPB on behalf
of Sofi Partners, LLC, located at 426 Euclid Avenue. A scheduling order has issued.
Oral argument scheduled for June 8, 2015.
RA\SR\EB\RR\AB\IT
F :\ATTO\\AOFF\AAO F F\F I LE.#S\201 s\Status Report CAO 04 1 5 1 5. docx
755
REPORTS
AND
INFORMATIONAL ITEMS
756
1. Reports and lnformational ltems
(see LTC No. 136-2015)
Agenda ltem I
oate {-/S-l(757
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r.-. --.r--
LETTER TO COMMISSION 133-2015
To:Mayor Philip Levine and Members of the Cj y Commission
From: Jimmy L. Morales, City Manager
Date: April 15,2015
Subject: List of Projects Covered by the Cone of Silence Ordinance
ln an effort to disseminate information to elected officials and City staff relative to projects that
are covered by the requirements of the City's Cone of Silence Ordinance, following is a list of all
current solicitations (i.e., lnvitation for Bids ("Bids"), Request for Proposals (RFPs), and Request
for Qualifications (RFQs), that, to date, are covered by the ordinance. Please note that the
Cone of Silence is in effect from the date the solicitation is advertised, as indicated below,
through date of award by the City Commission.
2014-346-RFQ-YG 9118t2014
Professional Architectural and Engineering
Services in Specialized Categories on an "As-
Needed-Basis"
Citywide
2014-253-RFP-YG 11t12t2014 Design/Build Services for 54" Redundant Sewer
Force Main - Phase ll
Public Works
2015-043-RFQ-WG 1211912014 Resort Taxes Audit Services lnternalAudits
2015-081-|TN-LR 01127t2015 I nvestment Advisory Services Finance
2015-055-|TN-WG 01t16t2015 Property Management Services
Office of Housing
and Community
Services
2015-060-tTN-LR 1t27t2015
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-RFO-YG 02103t2015 Master Planner of North Beach District City Manager
2015-095-RFP-MT 0211312015 Elevator lnspection and Plan Review Services Building
2015-073-RFQ-JR 0211312015
Plans Review, lnspections and Permit Clerk
Services to Provide Professional Services on an
"As-Needed Basis" and on an "On-Going Basis"
for the Buildinq Department
Building
2015-090-RFQ-JR 0212112015 Facilities Maintenance Services Property
Management
Aoenda ltem V- o*"T*lf759
Page l2
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
2015-126-RFP-
LR 03t12t2015 Telecommunications Audit Services IT
2015-112-RFP-
WG
03t13t2015
(Tentative)
To Provide Wellness Services to the
City of Miami Beach for its Active
Emplovees and their Deoendents
Human Resources
2015-093-tTB-MC 03t25t2015 Moving of Office Furniture Supply and
Equipment Citywide
2015-046-tTB-MC 03t25t2015 Replace Driving Range Netting at the
Miami Beach Golf Club Parks and Recreation
2015-129-RFP-
ME 02t27t2015 CM at Risk for the Miami Beach
Convention Center City Manager
2015-127-RFQ-
JR 03t20t2015
Architect and Engineering Services for
the Middle Beach Recreational
Corridor
Environmental
Sustainability
2015-11s-RFQ-
JR 0312012015
Program Manager for the lntelligent
Transportation System and Parking
Manaqement Svstems
Transportation
2015-133-RFP-
YG
0410712015
(Tentative)
Design/Build Services for
Neighborhood No. 8: Central Bayshore
South Riq ht-of-Wav I nfrastructu re
CIP
2015-144-RFQ-
YG 04t15t2015 Public lnformation Services on Right ctP
2015-145-|TB-AK 04t06t2015
(Tentative)
Emergency Board Up and Security
Services
Building/Code
Compliance
2015-137-tTB-AK 04106t2015
(Tentative)
Pre-Qualification of Bidders for Pour in
Place and Bonded Aqqreqate Parks and Recreation
2015-146-RFP-
WG
04t17t2015
(Tentative)Parking Attendants Parking
2015-135-RFP-
WG
04t17t2015
(Tentative)Parking Meter Collection Services Parking
2015-117-|TB-MT 04t09t2015
(Tentative)
Annual lnspection, Testing,
Certification Repairs and Maintenance
for the Citywide Fire Sprinkler
Systems, Fire Pumps, Standpipes and
Fire Backflow Preventers
Property
Management
2015-118-|TB-MT 0410912015
(Tentative)
lnspection, Testing, Certification
Repairs & Maintenance for Fire Alarm
Systems
Property
Management
2015-119-tTB-MT 04t09t2015
(Tentative)
I nspection, Testing, Certification
Repairs & Maintenance for Fire
Extinquishers
Property
Management
2015-163-RFP-
LR
04t16t2015
(Tentative)
City Website Design, Development
and imolementation IT
760
Pa,;e l3
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.
*t*.Prkr1s\Aprit\procurement\ApritconeLrc
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MIAMI BEACH
City of Miomi Beoch, I200 Convention Center Drive, Miomi Beoch, Florido 33,I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members 0f the City C
Jimmy L. Morales, City Manager
DATE: April 15,2015
SUBJECT: REPORT FROM COMMISSIONI COMMITTEES OF WITHDRAWN ITEMS NOT
HEARD WTTHTN (6) StX MONTHS FROM REFERRAL DATE.
Pursuant to Resolution No. 2013-28147, items that are referred to Commission Committees to
be reviewed, but are not heard by that Committee within (6) six months of its referral date are
automatically withdrawn.
Attached is a list of item(s) that were automatically withdrawn for April 2015:
N ei g hborhood/Gommu n itv Affai rs 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 Committee
There are no items to be automatically withdrawn at this time.
Land Use & Development Committee
There are no items to be automatically withdrawn at this time.
JLM/REG
T:\AGE N DA\20 1 S\April\Com mittee ltems Removed aft er 6 m onths.docx
AsendarD#&t
TO:
FROM:
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RDA
765
REDEVELOPMENT AGENCY ITEM SUMMARY
Condensed Title:
A Resolution Authorizing A Change ln The Redevelopment Agency Meeting Date Of
Wednesday, September 9,2015 To Wednesday, September 2,2015.
lntended Outcome Su
Supports multiple KIO's.
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
Item Summary/Recommendation :
The Mayor and City Commissioners sit as the Miami Beach Redevelopment Agency Board, and
schedule the Redevelopment Agency (RDA) meetings to coincide with the City Commission
meetings. Pursuant to the Miami Beach Redevelopment Agency By-Laws, the RDA shall meet at
such times as prescribed by resolution.
On November 19,2014, the Chairperson and Members of the RDA adopted Resolution 606-2014,
setting the dates for the 2015 RDA meetings. Said resolution set the September 2015 meeting date
for Wednesday, September 9, 2015.
Pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the public hearing on the
proposed operating millage rate and tentative budget for FY 2015116 on the same day as the
budget hearing for Miami-Dade County or the School Board of Miami-Dade County. The School
Board has announced that it will hold its budget hearing on September 9. Therefore, the
Administration proposes that the Wednesday, September g, 2015 RDA meeting be moved to
Wednesday September 2,2015 to avoid a conflict. When selecting September 2,2015 as the
proposed new meeting date, the Administration took into consideration, amongst otherthings, that
there were no Federal or Relioi that conflict.
Financial lnformation:
Source of I IFunds: I ,1,tt
oBPl I rotat
I
Financial !mpact Summary:
Clerk's Office
Rafael E. Granado, City Clerk
^Bqpartment Directors City Attorpey Qlty Manager
tP ) REG/rw(<l)nla (r.[_J..J.'l-JLM )?/\
T:IAGENDA\201S\ApriI\CITY CLERK\2015 - RDA date change September SUM REG.doc
ASE!'IDA tTElH / AMIA&IIIBEACH BArE q-ls-/t766
t915 .20r5
MIAMIBEACH
City of Miomi Beoch, I200 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
REDEVELOPMENT AGENCY MEMORANDUM
TO: Chairperson Philip Levine and of the Beach Redevelopment Agency
FROM: Jimmy L. Morales, City Manager
DATE: April 1 5,2015
SUBJECT: A RESOLUTION OF THE CH SON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), AMENDTNG RESOLUTTON NO. 606-2014, SETTTNG
THE DATES FOR THE YEAR 2015 RDA MEETINGS, BY AUTHORIZING A CHANGE IN THE
RDA MEETING DATE OF WEDNESDAY, SEPTEMBER 9, 2015 TO WEDNESDAY,
SEPTEMBER2,2015.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
The Mayor and City Commissioners sit as the Miami Beach Redevelopment Agency Board, and schedule
the Redevelopment Agency (RDA) meetings to coincide with the City Commission meetings. Pursuant to the
Miami Beach Redevelopment Agency By-Laws, the RDA shall meet at such times as prescribed by
resolution.
On November 19,2014, the Chairperson and Members of the RDA adopted Resolution 606-2014, setting
the dates forthe 2015 RDA meetings. Said resolution setthe September2015 meeting dateforWednesday,
September 9, 2015.
Pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the public hearing on the proposed
operating millage rate and tentative budget for FY 2015116 on the same day as the budget hearing for Miami-
Dade County or the School Board of Miami-Dade County. The School Board has announced that it will hold
its budget hearing on September 9. Therefore, the Administration proposes that the Wednesday, September
9, 2015 RDA meeting be moved to Wednesday September 2, 2015 to avoid a conflict. When selecting
September 2,2015 as the proposed new meeting date, the Administration took into consideration, amongst
other things, that there were no Federal or Religious holidays that conflict.
An additional benefit of changing the September RDA date to September 2,2015 is that it will allow the City
additional time to consider placing Charter Amendments and Non-Charter Questions on the November 3,
2015 General Election ballot. The deadline to submit such Election Resolution(s) to the Supervisor of
Elections is no later than September 4,2015. (See attached LTC # 112-2015.) As it currently stands, the last
regular meeting dates prior to the September 4 Department of Election deadline are July 8,2015 (RDA
Meeting) and July 29,2015 (Presentation & Awards Meeting). A change of the September RDA Meeting date
to September 2,2015 will give the City an additional 35 days (from July 29 to September 2) to consider ballot
questions for placement on the November 3,2015 General Election.
CONCLUSION
The Administration recommends that the Mayor and City RDA approve the change.
JLM/JW/REG A},,rurt15v6ri*efY cLERKuol5 - RDA date change september MEMo REG.doc
767
l9'15.2015
,ir*iAi,Al{3iiA{:i-i
OFFICE OF THE CITY CLERK
LTC No. I l2-2015
TO: Mayor
FROMr Jimmy
LETTER TO COMMISSION
Philip Levine and Members of tfte City Com
L, Morales, City Manager
Raul J. Aguila, City Attorne$J-
citycterk @Rafael E. Granado,
DATE: March 16,2015
SUBJECT: DEADLINES TO PLACE AN |TEM(S) ON THE NOVEMBER 3, 2015 BALLOT
ELECTION BALLOT DEADLINES
Below are the deadlines to place an item(s) on the November3,2015 City of Miami Beach General Election.
The deadlines must be complied with in order to allow the Miami-Dade County Supervisor of Elections
sufficient time for ballot preparation and to meet State-mandated deadlines to mail absentee ballots to
overseas voters.
DEADLINE TO SUBMIT
RESOLUTION
TO THE SUPERVISOR OF
ELECTIONS
FOR CHARTER AMENDMENTS
No earlier than
Monday, July 6, 2015
No later than
Fr:iday, September 4, 2015
DEADLINE TO SUBMIT
RESOLUTION
TO THE SUPERVISOR OF
ELECTIONS
FOR NON.CHARTER OUESTIONS
No later than
Friday, September 4, 2415
We are committed to providlng excellent public soruice and saib ty tc all vtho live, work and play ln our vihtant, tropical, hlslcric ccnnunlty
768
RESOLUTION NO.
A RESOLUTION OF THE CHAIRPERSON AND MEMBERS OF THE MIAMI BEACH
REDEVELOPMENT AGENCY (RDA), AMENDTNG RESOLUTTON NO. 606-2014,
SETTING THE DATES FOR THE YEAR 2OI5 RDA MEETINGS, BY AUTHORIZING A
GHANGE IN THE RDA MEETING DATE OF WEDNESDAY, SEPTEMBER 9, 2O{5 TO
ESDAY, SEPTEMBER 2, 20I5.
WHEREAS, the Mayorand City Commissioners sit as the Miami Beach RedevelopmentAgency
Board, and schedule the Redevelopment Agency (RDA) meetings to coincide with the City Commission
meetings;and
WHEREAS, pursuant to the Miami Beach Redevelopment Agency By-Laws, the RDA shall meet
at such times as prescribed by resolution; and
WHEREAS, on November 19, 2A14, the RDA adopted Resolution 606-2014, setting the
dates for the 2015 RDA meetings; and
WHEREAS, said resolution set the September 2015 meeting date for Wednesday,
September 9, 2015; and
WHEREAS, pursuant to Florida Statute S 200.065 (2)(e)2, the City may not schedule the
public hearing on the proposed operating millage rate and tentative budget for FY 2015116 on the
same day as the budget hearing for Miami-Dade County or the School Board of Miami-Dade Coung;
and
WHEREAS, the School Board has announced that it will hold its budget hearing on
September 9, 2015; and
WHEREAS, the Administration proposes that the Wednesday, September 9, 2015 RDA
meeting be moved to Wednesday September 2,2015 to avoid a conflict; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRPERSON AND MEMBERS
OFTHE IIiIAIUIBEACH REDEVELOPMENTAGENCY(RDA), thatthe Chairperson and Members
of the RDA hereby approve a change in the RDA meeting date of Wednesday, September 9, 2015
to Wednesday, September 2, 2015. (See Exhibit'A.')
PASSED and ADOPTED this _ day of 2015.
PHILIP LEVINE, MAYOR
ATTEST:
MFAEL E. GRANADO, CITY CLERK
T:\AGENDA\201S\April\ClW CLERK\2015- RDA date change September-RESO REG.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR DGCUTION
LLr=t-
Date
769
EXHIBIT .,A"
2OI5 RDA MEETING DATES
RDA Meetinqs
January 14 (Wednesday)
February 11 (Wednesday)
March 11 (Wednesday)
April 15 (Wednesday)
May 6 (Wednesday)
June 10 (Wednesday)
July 8 (Wednesday)
August - RDA in recess
@
S.eptember9 (Wednesdav)
October 14 (Wednesday)
November 9" (Monday)
December 9 (Wednesday)
* Meeting(s) for election related items only.
Alternate (Pr*entationl Meeti nss
January27 (Tuesday)
February 25 (Wednesday)
March 18 (Wednesday)
April29 (Wednesday)
May 20 (Wednesday)
None
July 29 (Wednesday)
(September TBA) td Rdg of Budget
October 21 (Wednesday)
November 23. (Monday)
December 16 (Thursday)
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