Agenda 05-06-2015 redor --. -e. o
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1915.20rs
MIAMIBEACH
City Commission Meeting
City Hall, Commission Chambers, 3rd Floor, '1700 Convention Center Drive
May 6, 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
Vrsff us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article VIl, Division 3 of the Gity Code of Miami Beach, entitled "Lobbyists," requires
the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity
with the City Commission, any City Board or Gommittee, or any personnel as defined in the
subject Code sections. Copies of the City Code sections on lobbyists laws are available in the
Office of the City Clerk. Questions regarding the provisions of the Code should be directed to
the Office of the City Attorney.
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any agenda item to an alternate meeting date. ln addition, the Mayor and City Commission may, at their
discretion, adjourn the Commission Meeting without reaching all agenda items.
AGENDA
1. Call to Order - 8:30 a.m.
2. lnspirational Message and Pledge of Allegiance
3. Requests for Additions, Withdrawals, and Deferrals
4. Recess for lunch at approximately 12:00 p.m.
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropicat, historic community.
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Commission Agenda, May 6, 2015
CONSENT AGENDA
C2 - Competitive Bid Reports
C2A Request For Approval To lssue A Request For Qualifications (RFO) No. 201 5-144-YG For Public
lnformation Outreach Services On Right Of Way And Facilities Construction Projects.
(ProcuremenUCapital I mprovement Projects)
CzB Request For Approval To Award A Contract Pursuant To lnvitation To Bid (lTB) 2015-012-AK For
Printing And Bulk Mailing Services And To Authorize The Mayor And City Clerk To Execute
Agreements.
( ProcuremenUCom m un ications)
C2C Request For Approval To lssue Request For Qualifications (RFQ) No.2015-160-YG For
Constructability, Cost And Value Engineering Review Services.
(ProcuremenVCapital lmprovement Projects)
C4 - Gommission Committee Assiqnments
C4A Referral To The Planning Board - Ordinance Amendment Pertaining To Additional Restrictions
And Requirements For Single Family Lot Split Applications.
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
C4B Referral To The Land Use And Development Committee And Planning Board To Modify Section
142-1OB Of The Land Development Regulations ln Order To Eliminate Any Conflict With The
Florida Building Code.
(Sponsored by Commissioner Joy Malakoff)
C4C Referral To The Neighborhoods/Community Affairs Committee - Discussion Regarding Children
Who Attend Miami Beach Public Schools Getting Discounts ln Miami Beach Parks And
Recreation Program.
(Sponsored by Commissioner Edward L. Tobin)
C4D Referral To The Planning Board - CD3 Height Regulations For Parking Garages ln The Miami
Beach Architectural District.
(Sponsored by Commissioner Joy Malakoff)
C4E Referral To The Finance And Citywide Projects Committee - Parking Meter Collection Fees - SP
Plus Request.
(Parking)
2
Commission Agenda, May 6, 2015
G4 - Commission Committee Assignments (Continued)
C4F Referral To The Land Use And Development Committee And Sustainability And Resiliency
Committee - Discussion Regarding AECOM's Progress On The Development Of The City's
Comprehensive Resiliency Program.
(Sponsored by Commissioner Michael Grieco)
C4G Referral To The Sustainability And Resiliency Committee Regarding The Endorsement Of The
Floridians For Solar Choice Ballot lnitiative.
(Sponsored by Commissioner Michael Grieco)
C4H Referral To The Land Use And Development Committee A Discussion Regarding The Provision
Of Renewable Energy Sources ln New Construction Projects.
(Sponsored by Commissioner Micky Steinberg)
C4l Referral To The Land Use And Development Committee Concerning lncreasing The Maximum
Allowable Building Height On The West Side Of Alton Road Between Sth Street And 17th Street.
(Sponsored by Vice-Mayor Jonah Wolfson)
C4J Referral To The May 27,2015 Land Use And Development Committee Meeting To Review The
Following Ordinances: 1) Signage Regulations Within 250 Feet Of NSOP; And 2) Parking
Regulations Within 250 Feet Of NSOP.
(Sponsored by Commissioner Deede Weithorn)
3
Commission Agenda, May 6, 2015
G6 - Gommission Gommittee Reports
COA Report Of The April 8, 2015 Finance And Citywide Projects Committee Meeting: 1. Discussion
Regarding The Greater Miami Convention And Visitors Bureau lnterlocal Agreement. 2.
Discussion Regarding A Resolution Approving The Purchase Of Flood lnsurance, All-Risk
Property lnsurance, lncluding Windstorm, Boiler & Machinery lnsurance For City Buildings And
Contents (lncluding New Construction); And Fine Arts lnsurance (Bass Museum), As Proposed
By Arthur J. Gallagher Risk Management Services, lnc., The City's Broker Of Record. 3.
Discussion Regarding Approval To Authorize The lssuance Of A Request For Proposals (RFP)
For Security Guard Services. 4. Discussion Regarding The Miami Beach Convention Center
Booking Policy. 5. Discussion Regarding Entering lnto An Employment Agreement With The City
Clerk. 6. Discussion Regarding Exploring lssues Brought Up ln An lnternal Audit Of The Miami
Beach Police Athletic League (PAL). 7. Discussion Regarding The Concession Agreement For
The Management And Operation Of A Food And Beverage Concession, Currently Operated By
Blissberry, LLC., Located ln A Portion Of The South Pointe Park Pavilion Building. 8. Discussion
Regarding The Audit Committee Recommendations Regarding Fee ln Lieu Of Parking. 9.
Discussion Regarding The City's Agreement With Xerox State And Local Solutions For The Red
Light Enforcement Program. 10. Discussion Regardlng The lssuance Of A Solicitation For The
Placement Of ATM Machines On City Owned Property (i.e. City Owned Parking Garages, Etc.).
11. Discussion Regarding Valet Parking. 12. Discussion Regarding A Resolution Urging The
State Legislature And Miami-Dade County School Board (School Board) To Reduce Class Sizes
ln Miami Beach Feeder Pattern Schools To Conform To Article lX, Section (1XA) Of The Florida
Constitution; And Lobby The State Legislature To Expand The List Of "Core Curriculum" Courses
Rather Than Continue To Eliminate Core Curriculum Courses, Like Advanced Placement
Classes, From The Class Size Amendment Requirements Of The Florida Constitution By Calling
Such Courses "Extracurricular"; And Call Upon The School Board To Voluntarily Subject ltself To
The Class Size Requirements For All Classes, Whether They Are Considered Core Curriculum
Or Extracurricular. f 3. Discussion Regarding A Public Private Partnership For A Two-Story
Parking Structure To Be Erected Over Both City Parking Lot P62 And A Private Parking Lot, On
42nd Street, Between Jefferson Street And Meridian Avenue.
G7 - Resolutions
C7A A Resolution Approving And Authorizing The City Manager Or His Designee To Submit The
Following Applications: 1) U.S. Department Of Transportation, Transportation lnvestment
Generating Economic Recovery (TIGER) Grant Program, ln The Approximate Amount Of $10
Million, For The City's lntelligent Transportation System (lTS), 2) Florida Department Of
Transportation, Public Transit Program, ln The Approximate Amount Of $1,450,000, For The
Middle Beach Trolley Loop Transit Route, 3) Florida Department Of Agriculture, Urban Forestry
Program For Funding ln The Approximate Amount Of $15,000 For The City's Tree lnventory
Program; And, 4) Execute An lnterlocal Agreement And Annual Affidavit With Miami-Dade County
For The FY 2014115 Municipal Parking Fines Reimbursement Program, ln The Approximate
Amount Of $85,838, To lmprove Accessibility And Equal Opportunity To Qualified Persons Who
Have Disabilities; Approving And Authorizing The Appropriation Of The Above Grants And
Funding Requests, lncluding Any Requisite Matching Funds And City Expenses; And Further
Authorizing The City Manager, Or His Designee, To Take All Necessary Steps And To Execute
Documents In Connection With The Aforestated Grants And Funding Requests, lncluding,
Without Limitation, Applications, Grant And Funding Agreements, And Audits.
(Budget & Performance lmprovement)
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Commission Agenda, May 6, 2015
C7 - Resolutions (Continued)
C7B A Resolution Accepting The Recommendation Of The City Manager, As Well As The
Neighborhood And Community Affairs Committee, And Waiving, By 5l7th Vote, The Formal
Competitive Bidding Requirements, Finding Such Waiver To Be ln The Best lnterest Of The City,
And Authorizing The City Manager, To Negotiate And Execute An Agreement With Miami Rescue
Mission, lnc., ln An Amount Not To Exceed $100,000 Per Year, For A Period Of Three (3) Years,
To Provide Emergency Shelter Beds To Serve The Homeless.
(Housing & Community Services)
C7C A Resolution Authorizing The Mayor And City Clerk To Enter lnto A Memorandum Of
Understanding (MOU), Acceptable To The City Attorney And The City Manager, Between The
City Of Miami Beach, The Miami Beach Chamber Education Foundation, lnc., North Bay Village,
The Town Of Bay Harbor lslands, The Town Of Surfside, And Bal Harbour Village To Support
And Enhance The Nurse lnitiative For The 2015-2016 School Year And Authorizing The
Appropriation Of $15,400 From The Miami Beach Education Compact Fund For The City Of
Miami Beach's Proportionate Share Of Funding For The Nurse Enhancement lnitiative Subject To
Approval ln The City's FY 2015/16 Annual Budget.
(Sponsored by Commissioner Micky Steinberg)
(Leg islative Tracki ng : Organization Development Performance I nitiatives)
C7D A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Request For Qualifications (RFO) No. 2015-043-WG For Audit
Services For Resort Taxes And lnternal Audits; Authorize The Administration To Enter lnto
Negotiations With SKJT&G, BCA Watson Rice, Kilgour & Associates, RGL Forensics, For The
Resort Tax Audits Portion Of The RFQ; Crowe Hon,rath, Protiviti, BCA Watson Rice, For The
lnternal Audits Portion Of The RFQ; And Further Authorize The Mayor And City Clerk To Execute
Agreements With These Firms Upon Conclusion Of Successful Negotiations By The
Administration.
( ProcuremenUBudget & Performance I m provemenUl nternal Aud it)
C7E A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Received, Pursuant To Request For Proposals No. 2015-126-LR (The RFP), For
Telecommunications Audit Services; Authorizing The Administration To Enter lnto Negotiations
With The Top-Ranked Proposer, Eric Ryan Corporation; And Should The Administration Be
Unsuccessful ln Negotiating An Agreement With The Top-Ranked Proposer, Authorizing The
Administration To Negotiate With The Second Highest Ranked Proposers, S2K Consulting, lnc.
And Telanalysis, LLC; And Further Authorizing The Mayor And City Clerk To Execute An
Agreement Upon Conclusion Of Successful Negotiations By The Administration.
(ProcuremenUl nformation Technology)
C7F A Resolution Accepting The Recommendation Of The City Manager To Amend The Contracts
With All Power Generators, Corp., And TAW Power Systems, lnc., Pursuant To lnvitation To Bid
(lTB) No. 64-11112, For Preventive Maintenance Services For Emergency Generators, By
Amending The Annually Estimated Contract Amount From $31,000.00 To The Amount That ls
Annually Available ln The Various End-User Department's Budget For The Subject Services, And
Authorizing The Mayor And City Clerk To Execute The Amendment.
(ProcuremenUPublic Works)
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Commission Agenda, May 6, 2015
C7 - Resolutions (Continued)
C7G A Resolution Approving And Authorizing The Administration To Accept $40,050 From Penrod
Brothers, lnc. For The Re-Design And Development Of Construction Documents For The
Reconstruction Of Surface Lot 01A - Penrods At One Ocean Drive.
(Tourism, Culture & Economic Development)
C7H A Resolution Accepting The Recommendation Of The Finance And Citywide Projects
Commission Committee And Of The City Manager, And Waiving, By 5/7th Vote, The Competitive
Bidding Requirement, Finding Such Waiver To Be ln The Best lnterest Of The City; And
Approving And Authorizing The Mayor And City Clerk To Execute A Concession Agreement
Between The City And Blissberry, LLC For The Management And Operation Of The Food And
Beverage Concession, Located ln A Portion Of The South Pointe Park Pavilion Building,
Consisting Of Approximately 240 Square Feet; Said Concession Agreement Having A Term Of
Five (5) Years, Without Any Renewal Options, Commencing On December 1, 2015 And Ending
November 30,2020.
(Tourism, Culture & Economic Development)
c7l A Resolution Creating 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)
C7J A Resolution Approving And Authorizing The Mayor And The City Clerk To Execute A Non-
Exclusive Utility Easement To Florida Power And Light (Grantee) At The Property Management
Facility, 1833 Bay Road, For The Construction, Operation And Maintenance Of A Transformer
And Associated Underground Electric Utility Facilities (lncluding Cables, Conduits, Appurtenant
Equipment, And Appurtenant Above-Ground Equipment) That Will Serve The Property
Management Facility.
(Capital lmprovement Projects)
C7K A Resolution Accepting The Recommendation Of The City Manager To Terminate RFP No. 2015-
095-MT For Elevator lnspections And Plans Review Services (Given That No Proposals Were
Received ln Response Hereto), And Approving The lssuance Of A New Request For Proposal
(RFP) No.2015-176-JR For Elevator lnspections And Plans Review Services; Authorizing A
Continuing Month-To-Month Extension Of Contract Number ITB 33-11112 For Elevator
lnspections.
(ProcuremenVBuilding)
C7L A Resolution Waiving Space Rental Charges At The Miami Beach Convention Center And
Special Event Fees (Square Footage Fee, Vehicle Beach Access Pass Fees, Lummus Park User
Fee, And Police And Fire Administrative Fees) For The South Florida College Football
Championship Task Force, ln Connection With The College Football Championship Games To
Be Held ln South Florida January 2Q18 Or January 2020.
(Tourism, Culture & Economic Development Department)
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Commission Agenda, May 6, 2015
C7 - Resolutions (Continued)
C7M A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Issue Request For Proposals (RFP) 2015-178-WG, To Provide The lnstallation And Operation
Of Citywide Automated Teller Machines (ATM) At Various City-Owned Facilities.
( Procu remenUTourism Culture & Econom ic Development)
C7N A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals, Pursuant To Invitation To Negotiate (lTN) No.2015-090-JR, For Facilities
Maintenance Services For The Property Management Division.
(ProcuremenUPublic Works)
C7O A Resolution Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code,
Purchase Of Forms + Surfaces, Light Fixtures, Bollards, Poles, And All Replacement Parts From
Forms + Surfaces, The Sole Source Manufacturer And Distributor For The State Of Florida.
(ProcuremenUPublic Works)
C7P A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking
Of Proposals Pursuant To Request For Qualifications (RFO) No. 2014-346-YG, For Professional
ArchitecturalAnd Engineering Services ln Specialized Categories On An As-Needed-Basis.
(Procurement)
(ltem to be Submitted in Supplemental)
End of Consent Aqenda
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Commission Agenda, May 6, 2015
REGULAR AGENDA
R5 - Ordinances
RsA 1100 1Sth Street - FLUM Change And Zoning Map Change
1 . 1 100 15th Street - FLUM Change
An Ordinance Amending The Future Land Use Map Of The Comprehensive Plan
Pursuant To Section 1 18-166 Of The City And Sections 163.3181, And 163.3187, Florida
Statues, By Changing The Future Land Use Designation For A Parcel Of Land Located At
1100 1sth Street, Which Parcel ls Comprised Of Less Than 10 Acres, From The Current
"Low Density Multifamily Residential Category (RM-1)," To 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. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning )
(First Reading Public Hearing on April 15,2015 - RsA)
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
1 100 1 5th 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. Second Reading Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading Public Hearing on April 15,2015 - R5A)
RsB 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. 10:05 a.m. Second Readinq Public Hearinq
(Sponsored by Vice-Mayor Jonah Wolfson)
(Legislative Tracking: Building/Office of the City Attorney)
(First Reading on April 15,2015 - RsK)
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Commission Agenda, May 6, 2015
R5 - Ordinances (Continued)
RsC 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, At
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. 10:10 a.m. Second Readinq Public Hearinq
akoff)
(Legislative Tracking: Planning)
(First Reading on April 15,2015 - RsL)
RsD Fence Heights
An Ordinance Amending The Land Development Regulations (LDR) Of The City Code, Chapter
142, "Zoning Districts And Regulations," Article lV, "Supplementary District Regulations," Division
4, "Supplementary Yard Regulations," At 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.
10:15 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning)
(First Reading on April 15,2015 - RsM)
R5E 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, Individually Designated As A Historic Site Or lndividually
Designated As A Historic Structure; Providing For Codification; Repealer; Severability; And An
Effective Date. 10:20 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking: Planning)
(First Reading on April 15,2015 - R5N)
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Commission Agenda, May 6, 2015
R5F
R5 - Ordinances (Continued)
36 Ocean Drive - Historic Site Designation
An Ordinance Amending The Land Development Regulations Of The Miami Beach City Code; By
Amending Section 118-593(e), Entitled "Delineation On Zoning Map" By Designating One Or
More Buildings At 36 Ocean Drive As A Historic Site To Be Known As "36 Ocean Drive Historic
Site," As More Particularly Described ln The Ordinance; Providing That The City's Zoning Map
Shall Be Amended To lnclude 36 Ocean Drive As A Historic Site; Adopting The Designation
Report Attached To The Staff Report As Appendix "A"; Providing For lnclusion ln The Land
Development Regulations Of The City Code; Repealer; Severability; And An Effective Date. ft!
Readinq
(Sponsored by a Private Application - 36 Ocean Drive Holdings, LLC.)
(Legislative Tracking: Planning)
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. F-ifS! Xegglilg
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking : Planning)
(Continued from on April 15,2015 - RsJ)
Revision To Lot SpliUForm Of Ownership
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending
Chapter 118, "Administration And Review Procedures," Article lV, "Division Of Land/Lot Split", At
Section 118-321, Entitled "Purpose, Standards And Procedure" In Order To Clarify The
Requirements And Standards For A Lot Split To Allow A Change ln The Form Of Ownership Of
Building Sites Or Unified Development Sites To Allow Ownership By An lndividual, Or Via A
Covenant ln Lieu Of Unity Of Title Without Requiring A Lot Split; Providing For Codification,
Repealer, Severability And An Effective Date. First Readinq
(Sponsored by Commissioner Edward L. Tobin)
(Legislative Tracking: Planning)
Parking Plan For Construction Workers
An Ordinance Amending Section 114-4 Entitled "Compliance With Regulations Required;"
Creating Subsection (12) Providing That No Building Permit Or Board Order Shall Be lssued For
Any Lot Or Site With A Building Permit Valued At $250,000 Or More Without A Construction
Parking And Traffic Management Plan (CPTMP) Approved By The Parking Director Pursuant To
Chapter 106, Article ll, Division 3, Entitled "Construction Management Plan"; And Modifying
Chapter 130, Article lV Entitled "Fee ln Lieu Of Parking" ByAmending Section 130-134, Entitled
"Deposit Of Funds/Account"; By Authorizing The Placement Of The Fines Or Penalties Collected
From Enforcement Of Chapter 106 CPTMP, lnto This Account To Be Utilized For The Purposes
Provided Therein; Providing For Repealer; Severability; Codification; And An Effective Date.
First Readinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Planning)
R5G
R5H
R5t
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10
Commission Agenda, May 6, 2015
R5 - Ordinances (Continued)
R5J Single Family Development Regulations - Adjusted Grade
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami
Beach, Florida, By Amending Chapter 114, "General Provisions," Section 114-1, "Definitions," By
lncluding Definitions For Adjusted Grade And Average Grade; By Amending Chapter 142,
"Zoning Districts And Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts," By Amending And Clarifying The Maximum Elevation Within A Required
Yard, And By Amending And Clarifying When The Water Portion Of A Pool ls Counted Towards
The Open Space Pervious Requirements; Providing Codification; Repealer; Severability; And An
Effective Date. First Readinq
(Sponsored by Commissioner Joy Malakoff)
(Legislative Tracking : Planning)
RsK Amend Chapter 6 - Alcoholic Beverages And Chapter 82
Ordinance - Alcohol Regulations
Public Property Sidewalk Caf6
1.Chapter 6 - Alcoholic Beverages
An Ordinance Amending Chapter 6, Entitled "Alcoholic Beverages," Of The Code Of The
City Of Miami Beach, Florida, Article I, Entitled "ln General," Section 6-3 Thereof, Entitled
"Hours Of Sale," To Terminate The Sale And Consumption Of Alcoholic Beverages At
Sidewalk Cafes At 2:00 a.m., Prohibit The Granting Of Variances From The Provisions Of
Section 6-3(3Xd), And Provide For Penalties; And Providing For Repealer, Severability,
Codification, And An Effective Date. First Readinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
Chapter 82 - Public Property Sidewalk Caf6 Ordinance - Alcohol Regulations
An Ordinance Amending Chapter 82, Entitled "Public Property," Of The Code Of The City
Of Miami Beach, Florida, By Amending Article lV, Entitled "Uses ln Public Rights-Of-Way,"
Division 5, Entitled "Sidewalk Cafes," Subdivision ll, Entitled "Permit," By Creating Section
82-388 Thereof, Entitled "Hours Of Sale Of Alcoholic Beverages; Enforcement," To
Terminate The Sale And Consumption Of Alcoholic Beverages At Sidewalk Cafes At 2:00
A.M., And Provide That Section 82-388 Shall Be Enforced Pursuant To Section 6-3(8) Of
The City Code; And Providing For Repealer, Severability, Codification, And An Effective
Date. First Readinq
(Sponsored by Mayor Philip Levine)
(Legislative Tracking: Office of the City Attorney)
R7 - Resolutions
R7A A Resolution Approving And Authorizing The City Manager To Re-capture The Following Funds:
1) $Zt ,329 ln Community Development Block Grant (CDBG) Funds From FY 2012113 Awarded
To UNIDAD Of Miami Beach (UNIDAD) For The Renovation Of The Coral Rock House; 2)
$3,000 ln CDBG Funds From FY 201412015 Awarded To UNIDAD For "Project Link;" And 3)
$23,920.13 ln CDBG Funds From FY 201112012 Awarded To UNIDAD For The North Shore
Senior Center; Further Amending The FY 201112012, FY 2012113 And FY 201412015 Action
Plans, And The FY 2013 Through 2017 Consolidated Plan, To Reallocate The Aforesaid CDBG
Funds, Totaling $48,249.13, For The London House Apartments Rehabilitation Project.
(Housing & Community Services)
2.
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11
Commission Agenda, May 6, 2015
R7 - Resolutions (Continued)
R7B A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs
Committee To lssue A Request For Proposals To ldentify A Public Private Partnership With The
City, ln OrderTo Develop The City-Owned Property Located At 1940 ParkAvenue (The Barclay
Plaza Apartments), As Workforce Housing Serving Persons Earning Between 120 And 140
Percent Of Area Median lncome (AMl) And Employed ln The Public Safety, Education And
Municipal Sectors.
(Housing & Community Services)
R7C A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
And Authorizing The City Manager, Through The City Of Miami Beach Police Department And
The City Attorney's Office, To Negotiate The First Two (2)Year Renewal Term Of The Agreement
Between The City And Xerox State And Local Solutions, lnc. For The Photo Red Light
Enforcement Program; With The Renewal Term To Have An Amendment To lnclude At A
Minimum, A Provision For Five (5) Additional Red Light Camera Designated lntersections;
Relocation And Upgrade Of Certain Existing Designated lntersection(s); And The Full
lndemnification, Holding Harmless And Defense Of The City By Xerox For Any Pending Or Future
Litigation; Further Authorizing That The lnitial Term Of The Agreement Shall Continue On The
Same Terms And Conditions, Subject To Termination For Convenience Without Cause By The
City Manager, Until Completion Of Negotiations Or July 8, 2015, Whichever ls Earlier.
(Police/Office of the City Attorney)
R7D A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To Have The Administration And City Attorney's Office Explore A Potential Public-Private
Partnership With LSN Partners, LLC For The Development Of A Parking Garage On 42nd Street
And Jefferson Avenue, And Report Back To The Committee.
(Parking)
R7E A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee
To lssue Request For Proposal (RFP) No. 2015-013-YG For Security Officer Services.
(Procurement)
R7F A Resolution To Accept The Finance And Citywide Projects Committee's April 8, 2015,
Recommendation To Approve The Purchase Of Flood lnsurance, All-Risk Property lnsurance,
(lncluding Windstorm), And Boiler & Machinery lnsurance For City Buildings And Contents
(lncluding New Construction); And Fine Arts lnsurance (Bass Museum And Art ln Public Places),
As Proposed By Arthur J. Gallagher Risk Management Services, lnc., The City's Broker Of
Record.
(Human Resources)
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12
Commission Agenda, May 6, 2015
R7 - Resolutions (Continued)
R7G A Resolution Approving And Authorizing The City Manager To Execute Change Order No. 2 To
The Construction Contract Between The City Of Miami Beach, Florida, And Lanzo Construction
Co., Florida, For The Construction Of The City Of Miami Beach Right-Of-Way lnfrastructure
lmprovement Program, Venetian lslands Bid Package 13C (Project), Dated March 13,2013 (The
Contract); The Change Order lncludes: 1) Construction Work Associated With A Redesigned
Stormwater Conveyance System That Will Meet The New Stormwater Criteria ln The Not-To-
Exceed Amount Of $4,090,094 Plus Time Extension Of 422 Calendar Days Required To
Complete This Work Within San Marino, Dilido And Rivo Alto lslands; And 2) lncreasing The
Owner's Contingency ln The Amount Of $409,009; The Resulting Amount Of $4,499,103 Will Be
Added To The Construction Contract; With Previously Appropriated Funding.
(Capital lmprovement Projects)
R7H A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Proposals
Received, Pursuant To lnvitation To Negotiate (lTN) No.2015-060-LR (The ITN), For The
Leasing Of City-Owned Buildings And Rooftops For The Placement Of Telecommunications
Equipment; Authorizing The Administration To Bypass The Evaluation Committee Process Since
There ls Solely One Proposal; And Authorize The Administration To Negotiate With The Sole
Proposer, Crown Castle; And Once Negotiations Are Completed, Place The Negotiated
Agreement On A Commission Agenda For City Commission Review And Approval.
( Procurement/Tourism, Cu lture & Econom ic Development)
R7t A Resolution Approving, Pursuant To Section 2-367 (d) Of The Miami Beach City Code,
Purchase Of Flowserve Pumps, And All Replacement Parts From Carter Verplanck, lnc.,
Sole Authorized Dealer Of Flowserve Pumps And Related ltems ln The State Of Florida.
( Procu rement/Pu blic Works)
R9 - New Business and Commission Requests
RgA Board And Committee Appointments.
(Office of the City Clerk)
RgA1 Board And Committee Appointments - City Commission Appointments.
(Office of the City Clerk)
R9B1 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 Update On The Miami Beach Centennial.
(Office of the City Manager)
The
The
13
13
Commission Agenda, May 6, 2015
R9 - New Business and Commission Requests (Continued)
RgE Discussion Regarding Update On The Transportation Master Plan.
(Legislative Tracking: Transportation Department)
(Requested by Commissioner Michael Grieco on April 15,2015 - RgM)
RgF Discussion Regarding Unlicensed Use Of Residential Units For Transient (Hotel) Use And
Related Accessibility lssues At 220 21"t Street, And City's Position Concerning Special Master
Case No.: JC15000225.
(Requested by Vice-Mayor Jonah Wolfson)
(Deferred from April 15,2015 - RgU)
RgG Discussion Regarding The Status Of Money Owed By City Of Miami Beach To CDM For Work
Completed.
(Requested by Vice-Mayor Jonah Wolfson)
(Deferred from April 15,2015 - RgY)
RgH Discussion Regarding Florida Department Of Law Enforcement (FDLE) Taking Over lnvestigation
Of Police Shootings.
(Requested by Vice-Mayor Jonah Wolfson)
Rgl Discussion Regarding UNIDAD And The North Beach Senior Center.
(Requested by Vice-Mayor Jonah Wolfson)
RgJ Discussion On A Motion To Reconsider The MXE Setback Regulations Ordinance Voted On At
The April 15,2015 (ltem RsP).
(Requested by Vice-Mayor Jonah Wolfson)
RgK Discussion On How To lmprove Our Parks Summer Camp Registration Process For Our
Residents.
(Requested by Commissioner Micky Steinberg)
RgL Discussion Regarding A Citywide Challenge For Great ldeas.
(Requested by Commissioner Michael Grieco)
RgM Discussion Regarding A Mayor's Blue Ribbon Panel On Ocean Drive And Deferring Establishing
A Special Assessment District For Ocean Drive.
(Requested by Mayor Philip Levine)
RgN Discussion Concerning Beach Erosion And Beach Re-Nourishment Along The City's Beaches,
Particularly Between 21't And 29th Streets.
(Requested by Vice-Mayor Jonah Wolfson)
14
14
Commission Agenda, May 6, 2015
R9 - New Business and Commission Requests (Continued)
RgO Discussion Regarding A Resolution Approving The Term Sheet Attached And lncorporated As
Exhibit "A" To This Resolution, And Authorizing The City Attorney's Office To Negotiate A
Purchase And Sale Agreement (PSA) Between The City And 8701 Collins Development, LLC
("8701") For The Sale Of The City Property Located A1226 87 Street To 8701 (City Parcel), And
To Develop Both The City Parcel And 7925 Collins Avenue (The "8701 Parcel") Under A Unified
Development Project (The "Project"); Which PSA Will lnclude The Design, Development And
Construction Of The Project, At 8701's Sole Cost And Expense, A Main Use Parking Garage,
Which Shall lnclude (l) Commercial Uses Such As Spa, Restaurants, And Similar Uses; (ll) One
Or More Levels Of Parking Garage Directly Above The First Floor, lncluding Mechanical Parking
Elements With Valet Service; (Except For The City Unit); (lll) Approximately 12,000 Square Feet
Of Retail On The First Floor; And (lV) A City Municipal Parking Condominium Unit (The "City
Unit") Of 75 Parking Spaces Which May Be Located ln The Basement; And Pursuant To Section
82-37 Of The City Code, Directing The City Manager To Transmit The Term Sheet And Draft PSA
To The Finance And Citywide Projects Committee For Review Prior To City Commission Final
Approval Of The PSA; And The Term Sheet And Draft PSA Shall Also Be Reviewed By The
Planning Board As Required By Section 1.03(B)( ) Of The City Charter.
(Sponsored by Vice-Mayor Jonah Wolfson)
(Office Of The City Attorney)
R10 - Gitv Attornev Reports
R10A City Attorney's Status Report.
(Office of the City Attorney)
Reports and lnformational ltems
Reports and lnformational ltems (see LTC 178-2015)
List Of Projects Covered By The Cone Of Silence Ordinance - LTC.
(Procurement)
1.
2.
3.Report From Commission
From Their Referral Date.
Committees Of Withdrawn ltems Not Heard Within (6) Six Months
(Office of the City Clerk)
End of Resular Aqenda
15
15
16
2015 CITY COMMISSION/REDEVELOPMENT AGENCY (RDA)
MEETING DATES
Commission/RDA Meetings Alternate (Presentation) Meetings
(Start at 8:30 a.m.) (Start at 5:00 p.m.)
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 2 (Wednesday)
September 10 (Thursday) 1st Budget Reading at 5:01 p.m.
September 30 (Wednesday) 2nd Budget Reading at 5:01 p.m.
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.
Unless noticed otherwise, meetings are held in the City Commission Chambers, Third Floor, City
Hall, 1700 Convention Center Drive, Miami Beach, Florida.
Dr. Stanley Sutnick Citizens' Forum will be held during the first Commission meeting each month.
The Forum will be split into two (2) sessions, 8:30 a.m. and 1:00 p.m. Approximately thirty (30)
minutes will be allocated per session for each of the subjects to be considered, with individuals being
limited to no more than three (3) minutes. No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
17
c2
COMPETITIVE BID REPORTS
18
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUAL!F|CATIONS (RFO) NO.2015-144-
YG FOR PUBLIC INFORMATION OUTREACH SERVICES ON RIGHT OF WAY AND FACILITIES
CONSTRUCTION PROJECTS.
Neighborhood right of way improvements, parking lots, parking garages, structural and park
facilities, as well as capital renewal and replacement projects are underurray in each of the three (3)
City districts. The additional activity produced by these projects in turn generates an exponential
need for proper and timely notification to the City's stakeholders. Keeping residents, business
owners and civic organizations well informed and actively involved is a key factor of the City's
ongoing and growing commitment to maintain residents informed at all times. The City's present
contract, established pursuant to RFQ 19-11112 expires October 1,2015 and all renewal options
have been exhausted.
To seek proposals for a subsequent agreement and a continuation of seryices, the
Administration is seeking approval to issue RFQ 2015-144-YG. Approval to issue this RFQ will
enable the City to establish a pool of qualified consultants that will serve to facilitate the assignment
of these services for all neighborhood and facility projects. The RFQ (attached) details the scope
of services, minimum qualifications and evaluation criteria.
The City Manager recommends that the Mayor and City Commission authorize the issuance of RFQ
2015-144-YG for Public information Outreach Services on Right of Way and Facilities Construction
Enhance ExternalAnd lnternal Communication From And Within The C
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Board Recommendation:
Financial I nformation:
N/A
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
T:\AGENDA\201 S\May\PROCUREMENT\RFQ 201 5-1
Projects - ISSUANCE SUMMARY.docx
AGENDA fiEM C2 AE MIAMIBEACH o^re s-6-/{19
MIAMIBEACH
City of Miomi Becch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMIS ON MEMORANDUM
TO:Mayor Philip Levine and Members of/lhe City
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
NO.2015.144.YG FOR PUBLIC INFORMATION OUTREACH SERVICES ON RTGHT
OF WAY AND FACILITIES CONSTRUCTION PROJECTS.
ADMINISTRATION RECOMMEN DATION
Authorize the issuance of the RFQ.
BACKGROUND
Neighborhood right of way improvements, parking lots, parking garages, structural and park
facilities, as well as capital renewal and replacement projects are underway in each of the three
(3) City districts. The additional activity produced by these projects in turn generates an
exponential need for proper and timely notification to the City's stakeholders. Keeping residents,
business owners and civic organizations well informed and actively involved is a key factor of
the City's ongoing and growing commitment to maintain residents informed at all times.
The City's present contract, established pursuant to RFQ 19-11112 expires October 1,2015 and
all renewal options have been exhausted. A new RFQ has been prepared and approval to issue
this RFQ will enable the City to establish a pool qualified consultants that will serve to facilitate
the assignment of these services for all neighborhood and facility projects.
SCOPE OF SERVICES
Please Reference Appendix C, Sub-Section C2 of RFQ 2015-144-YG for Public lnformation
Outreach Services on Right of Way and Facilities Construction Projects (attached).
M!NIMUM QUALIFIGATIONS
Please Reference Appendix C, Sub-Section C1 of RFQ 2015-144-YG for Public lnformation
Outreach Services on Right of Way and Facilities Construction Projects (attached).
MI NIM UM DOCUMENTATION SU BMITTAL REQUI REM ENTS
Please Reference Section 0300 - Submittal lnstructions and Format of RFQ 2015-144-YG for
Public lnformation Outreach Services on Right of Way and Facilities Construction Projects
(attached).
20
City Commission Memorandum - RFQ for Public lnformation Outreach Seryices on Right of Way and Facilities
Construction Projects
May 6, 201 5
Page 2 of 2
EVALUATION/SELECTION PROCESS AND CRITERIA FOR EVALUATION
Please Reference Section 0400 - Statements of Qualifications Evaluation of RFQ 2015-144-YG
for Public lnformation Outreach Services on Right of Way and Facilities Construction Projects
(attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2015-144-YG for Public lnformation Outreach Services on Right of Way and Facilities
Construction Projects.
ATTACHMENTS
RFQ 201 5-144-YG for Public lnformation Outreach Services on Right of Way and Facilities
Construction Projects.
JLM/MT/AD
T:\AGENDA\201S\May\PROCUREMENT\RFQ 20'15-144-YG - Public lnformation Services on Right-of-Way and Facitities
Construction Projects - ISSUANCE MEMO.docx
21
THIS PAGE INTENTIONALLY LEFT BLANK
22
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO
BrD (lTB) 2015-012-AK FOR pRtNTtNG AND BULK MA|LING SERVICES.
lntended Outcome Su
Maximize efficient deli of services.
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The purpose of this bid is to establish a Contract with lowest responsive, responsible bidde(s)
to provide the City of Miami Beach, on an as needed basis, with printing and bulk mailing
services.
With the above stated goal in mind, lnvitation to Bid (lTB) 2015-012-AK was issued on
February 4,2015. Notices were sent to approximately one hundred forty-seven (147) firms,
which resulted in the receipt of two (2) bids:Arrowmail Presort Co. lnc. and A&B Bulk Mailers,
lnc. The bid tabulation is attached.
The City Manager has considered the bids received pursuant to ITB 2015-012-AK, and
recommends that the Mayor and City Commission approve the award of contract to A&B Bulk
Mailers, lnc. and Arrowmail Presort Co. lnc., as noted on the attached award summary.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission approve the City
Manager's recommendation pertaining to the bids received, pursuant to ITB 2015-012-AK, for
Printinq and Bulk Mailinq Services.
Board Recommendation:
Financial lnformation :
N/A
Source of
Funds:
Amount Account
1 Citv Wide
Financial lmpact Summary: The annual cost associated with the acquisition of printing and
bulk mailing services is subject to funds availability approved through the City's budgeting
process.
Clerk's Office
Alex Denis, Director Ext # 6641
tnV
AGENDA n:rx C2 B
o*ze {-6- lfMIAMIBTACH23
MIAMIBEACH
Cify of Miqmi Beqch, 17OO Convention Center Drive, Miomi Beoch, Florido 33-l39,
www.miomibeochfl.gov
COMMISSIO MEMORANDUM
CommissionTO:Mayor Philip Levine and Memberspf the Ci
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBIECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT
TO TNVTTATTON TO BrD (rTB) 2015-012-AK FOR PRTNTTNG AND
BULK MAILING SERVICES AND TO AUTHORIZE THE MAYOR AND
CITY CLERK TO EXECUTE AGREEMENTS.
KEY INTENDED OUTCOME SUPPORTED
Maximize efficient delivery of services.
FUNDING
The annual cost associated with the acquisition of printing and bulk mailing services is
subject to funds availability approved through the City's budgeting process.
BACKGROUND
The purpose of this bid is to establish a contract with the lowest responsive,
responsible bidder(s) for the provision of printing and bulk mailing services, on an "as
needed" basis such as printing Miami Beach magazines, Parks and Recreation
magazine, Public Hearing Notifications etc.
ITB PROCESS
lnvitation to Bid (lTB) 2015-012-AK was issued on February 4,2015. Notices were
sent to approximately one hundred forty-seven (a7) firms, which resulted in the
receipt of two (2) bids: Arrowmail Presort Co. lnc., and A & B Bulk Mailers, lnc. A
summary of the prices submitted by the bidders is shown in the attached tabulation.
Staff has verified that A&B Bulk Mailers, lnc. and Arrowmail Presort Co. lnc. have met
the minimum requirements and are responsive to the requirements of the lTB. A&B
Bulk Mailers, lnc. and Arrowmail Presort Co. lnc. provided satisfactory references to
the City.
24
Commission Memorandum - ITB No. 2015-012-AK Printing and mailing services
May 6, 2015
Page2
CITY MANAGER'S REVIEW AND RECOMMENDATION
The City Manager has considered the bids received pursuant to ITB 2015-012-AK, and
recommends that the Mayor and City Commission approve the award of contract as
follows:
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the City
Manager's recommendation pertaining to the bids received pursuant to ITB 2015-012-
AK for Printing and bulk mailing services.
ATTACHMENTS
ITB 2015-012-AK Printing And Bulk Mailing Services Tabulation.
JLM/MT/JR/AD
Group Primarv Vendor Secondarv Vendor
A; MB magazine A&B Bulk Mailers, lnc.Arrowmail Presort Co. lnc.
B: Recreation review maqazine Arrowmail Presort Co. lnc.A&B Bulk Mailers. Inc.
C.1 : Annual publication A&B Bulk Mailers, lnc.Arrowmail Presort Co. lnc.
C.2: Postcards Arrowmail Presort Co. lnc.A&B Bulk Mailers, lnc.
C.3: Public hearinq notifications Arrowmail Presort Co. lnc.no bid
D.1: Renewal letters Arrowmai Presort Co. lnc no bid
D.2 : Postcards advertisino Arrowmai Presort Co. lnc no bid
E.1: Elevator billinq Arrowmai Presort Co. lnc no bid
E.2: CRS outreach Arrowmai Presort Co. lnc no bid
E.3: CRS outreach #2 Arrowmai Presort Co. lnc.no bid
F: Mavor's office Arrowmai Presort Co. lnc.no bid
G: Central services Arrowmai Presort Co. lnc.no bid
H. 1 :Condo courtesv notices Arrowmail Presort Co. lnc.no bid
H.2: Public hearino notification Arrowmail Presort Co. lnc.no bid
25
Tabulation ITB 2015-012 AK Printing and bulk mailing services
3/!2/20Ls @3:00PM
Prices afer clarification
GROUP A: Communications Department ARROWMAIL.INC.A&B BULK MAILERS, INC.
MB..d,4Uti}irieX$l E-ilri.:i lffi.iiti-::iioliliA,ffi [81-iii,1.#ls+:;i
i4 pg. (45 lb.) + 4 pages cover (70 lb.) Saddle Stitched. Finat Size: I % x 1 I
,ublishes 4 times a year; each issue prints approximately 65,000 copies.
*N/A
= INCLUDED
N/C = No Charge
-N/A
= INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
1 Pick Up from location 65,000 INC $
2 Data Processing: Address Standardization 65,000 $ 1,560.00 $ 2.499.44
,Presort, Barcode-Zip+4, Merqe/Purge 65,000 $ 1,560.00 INC
4 Metering 65,000 $ 1,3oo.oo INC
5 Duplications, CASS Certification 65.000 $ 1,560.00 INC
6 Addressinq 65.000 $ 3,120.00 $ 2,124.52
7 !abeling 65,000 $ 3j20.00 INC
8 Sort 65,000 $ r,560.00 INC
9 3undle 6s,000 INC INC
i0 Sack 6s.000 INC INC
l1 Deliver 5o USPS/Miami BMAU 65.000 INC $ 800.00
12 Drop Ship to: Post Office Miami Beach Stations 6s,000 $ 100.00 $ 600.00
Total Group A $13.880.00 $ . -6,023.90
GROUP B: Parks and Recreation Department ARROWMAIL.INC.A&B BULK MAILERS. INC
&i .R.*.*.*.*.*.*.*.*.*.*.*.*.*.*.*dlgEiia affiiie:*iii.$S-.ffi.".$1! iliF;tti$::igfiRi$ Xri41+i.Effi S"i"ilijffii,m#.i+i**n.}lB$"1*r$$bffi&*;*,iNHil.
4E pg. (70 lb.) self-cover. Saddle Stitched. Final Size: 8%x11
Publishes 1 time a year; Annually Estimated Quantity: 14,000 copies.
-N/A
= INCLUDED
N/C = No Charge
-N/A
= INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
13 Pick Up from location 4,000 INC N/C
t4 Data Processinq: Address Standardization 4,000 $ 84.00 $ 71.23
l5 Presort, Barcode-Zip+4, Merqe/Purqe 4.000 $ 84.00 INC
t6 Vletering 4,000 $ 7o.oo $ 617.34
t7 Duplications, CASS Certification 4,000 INC INC
18 Addressing 4,000 $ 168.00 INC
19 Labelinq 4.000 $ 168.00 INC
20 Sort 4,000 $ 84.00 tNc
21 Bundle 4.000 INC INC
22 Sack 4-000 INC INC
L)Deliver to USPS/Miami BMAU 4.000 INC $ 50.00
aAL+Drop Ship to: Post Office Miami Beach Stations 4,000 $ 25.00 $ 50.00pt -Pal $683.00 $ 788.57
26
GROUP C: CIP Office ARROWMAIL.INC.A&B BULK MAILERS. INC
O,iti.Aii.Eual:RiibfiEa-1i6ri.tR=e=]F-A.rti)rtdi:thd:,c-dffifi'tihiti,I:*ffi
36 pg. (aslb) + Cover (701b) Saddle Stitched. Final Size: 8lzx10
Publishes once a year.
Annually estimated quantities: 60,000
-N/A
= INCLUDED
N/C = No Charge
-N/A
= INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
Qry ANNUALLY ANNUALLY
25 Pick Up from location 60.00(INC N/C
26 Data Processinq: Address Standardization 60.00($ 360.00 s 62.92
27 Presort, Barcode-Zip+4, Meroe/Puroe 60.00c $ 360.00 INC
28 Meterinq 60.00c $ 300.00 INC
29 fuplications, CASS Certification (Staqe 1 & ll)60,00c INC INC
30 Addressing 60,00c $ 720.00 rNc
31 Labeling 60-00c $ 720.00 $ 522.10
)z Sort 60-00($ 360.00 INC
JJ Bundle 60.00(tNc INC
34 Sack 60.00c INC INC
35 Deliver to USPS/Miami BMAU 60,000 INC $ 200.00
36 )rop Ship to: Post Office Miami Beach Stations 60,00c $ 25.00 $ 150.00
$ 2.84s.00 $ ,935.02
ARROWMAIL.INC.A&B BULK MAILERS. INC
G..- E ,lljl-E$#1,r l),:-,i,3,,.,! lt:S$...rr..1:,::.l 1'iiii.:{., "j."i.cn;li hiq i;-SttTPSfr Htli:".ilir""WilHi**r+iie
5" x 7" Anticipated frequency: 6x per year
Average mailing: 1500 (varies) Annually Estimated euantity: 9,000
Postcards
'N/A = INCLUDEO
NiC = No Charge
-N/A = INCLUDED
NiC = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
31 Pick Up from location 9.00t INC $ 50.00
38 Data Processing: Address Standardization 9.00c $ 54.00 $ 125.00
39 Presort, Barcode-Zip+4, Merqe/Purqe 9,000 $ 54.00
40 Meterinq 9-00c $ 45.00
4t Duplications, CASS Certification (Staqe I & ll)9.00(INC
42 {ddressing 9.00($ 108.00 $ 250.00
43 -abeling 9.00($ 108.00
AAa+Deliver to USPS/Miami BMAU 9.00c INC $ 50.00
45 Drop Ship to: Post Office Miami Beach Stations 9,00c $ 25.00
otal $394.00 $ 475.00
27
ARROWMAIL.INC.A&B BULK MAILERS,INC
C.3;:PublicHearingsNotifications - : ' ,;:,r;;,1:,; , '$.1:1.-.1 Wii,:ii: rii:rr.!iiii+ii!.==: : r.-4..,"i{-]-, *..." Lla-.,.. -.i $(j: :.:
Sent to Miami Beach residents within (375 ft.) radius of property for DRB,
HPB, and other Planning Boards. Bidder shall provide a list of effected
property owners in said radius.
Print standard 8%by 11 letter (1 page). lnsert in standard #10 envelope. print
address on label.
Annually Estimated Quantity: 25,000 per year (may vary)
*N/A = INCLUDED
N/C = No Charge
-lNC = INCLUDED
NiC = No Charge
ITEM DESCRIPTION EST
ory ANNUALLY ANNUALLY
46 Print standard 8 % bV 'l '1 letter 25.00c $ 1,000.00 non responsive
47 Data Processinq: Address Standardization 25.000 $ 1,750.00 non responsrve
48 rresort, Barcode-Zip+4, Meroe/Puroe 25,00c $ 150.00 non responsrve
49 Vetering 25.00($ 125.00 non responsrve
50 Addressinq - Print address on label 25.00($ 300.00 non responsrve
51 Folding 25.00t $ 125.00 non responsive
52 lnsert in standard #10 envelope (one oiece)25.00r $ 125.00 non responsive
53 lnserting (each additional piece)25,00c s 125.00 non responsive
54 Deliver to USPS/Miami BMAU 25.00c INC non responsrve
55 Drop Ship to: Post Office Miami Beach Stations 2s.00c $ 25.00 non responsrve
$ 3,725.00 no bid
GROUP D: Parkinq Department ARROWMAIL.INC.A&B BULK MAILERS, INC,
*"$itti:Rc,iigW f- d"It:@q ic-e.=ir,iilrrilllf{$}t#"i}::....! rliXli . ,ll';li::iil:.: :,i;:r::il,tliit ilrilnr Kenewat or Nouces on 5.5" x 11" (provtoeo tn electrontc lormat: Form
Letter and Database) The Parking Department may have recurring (bi-weekly)
mail in smaller volume and/or larger mail volume targeting a large area of
the City. lnsert in #10 envelope with window. Annually Estimated Quantity:
15.000 to 20.000 letters
'N/A = INCLUDED
N/C = No Charge
.lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
56 Print standard 8%by 11 letter 20,00c $ 800.00 non responsrve
57 Data Processinq: Address Standardization 20,00c $ 120.00 non responsrve
58 Presort, Barcode-Zip+4, Meroe/Puroe 20.00c $ 120.00 non responsrve
59 Vletering 20,00c $ 100.00 non responsrve
60 Adciressing - Print address on envelope 20.00r $ 240.00 non responsive
6l Foldinq 20_00i $ 100.00 non responsive
62 lnsert in standard #10 envelope (one piece)20.00t $ 100.00 non responsrve
63 lnserting (#9 return envelope with window)20.00c $ 100.00 non responsrve
64 lnserting (each additional piece)20,00c $ 100.00 non responstve
65 Deliver to USPS/Miami BMAU 20.000 INC non responstve
66 Drop Ship to: Post Office Miami Beach Stations 20,00c $ 25.00 non responslve
$'," 1,805,00 no bid
28
ARROWMAIL.INC.A&B BULK MAILERS. INC,
*!2;':,F,_el. id -$dta*i3iE5ffi)lf,bii. ;:ii.'i$,r',:;i*$#iiffiNri.ft-l-!"*::ri-i:;i. Hl,ii$1,!:;iir ,li{r*S$litY,rt1l,..1 ;iiil*Fi*ii
5" x 7" Postcards Anticipated frequency: Once a year.
Annually Estimated Quantity: 65,000 postcards
-N/A
= INCLUDED
NIC = No Charge
'lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
67 Pick Up from location 65.00c INC s 50.00
68 Data Processinq: Address Standardization 65.000 $ 390.00 $ 160.00
69 Presort, Barcode-Zio+4. Meroe/Puroe 65,00c $ 390.00
70 Vetering 65.00($ 325.00
71 )uplications, CASS Certification (Stage I & ll)65.00(INC
72 Addressino 65,00($ 780.00 $ 780.00
17,Labelinq 65.00($ 780.00 $ 50.00
74 Deliver to USPS/Miami BMAU 65.00c INC b
75 Drop Shio to: Post Office Miami Beach Stations 65 00c $ 25.00 $
g : 2,690.00 $ 1,040.00
GROUP E: Buildinq / Code Compliance Departments ARROWMAIL.INC.A&B BULK MAILERS. INC,
$*llEl.H,f.efa!.B.f!tl r)i.,ll , lrili,$*sii.,ii;::=:1..,=\S;fi$i" :iEi$rffiF-=,.rii-i::i;S . r!. .: .:"s:.i .., ....rI.^,::r:^!ar1.rffii:s-:i
Print Elevator bill on perforated paper. lnsert in #10 envelope with window;
lnclude #9 return envelope with window. Mailed to all facilities in Miami
Beach with licensed elevators
Annually Estimated Quantity: 1000 bills issued in three batches (August,
September and October)
*N/A = INCLUDED
N/C = No Charge
'lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
76 Print Elevator Bill on perforated paper 1-00($ 65.00 non responsrve
'77 lata Processinq: Address Standardization 00($ 6.00 non responsrve
18 olding .00c $ s.00 non responsive
79 Presort, Barcode-Zio+4, Merqe/Puroe r.00c s 5.00 non responsrve
80 Meterinq 00c $ 5.00 non responsrve
81 Addressinq - Print address on envelooe 00c s 12.00 non responsive
82 lnsert in standard #10 envelope 00c $ s.00 non responsrve
83 nserting (#9 return envelope with window)00c $ 5.00 non responstve
84 nserting (each additional piece)00c $ 5.00 non responsrve
85 Deliver to USPS/Miami BMAU 00(INC non responstve
86 Drop Ship to: Post Office Miami Beach Stations 00($ 25.00 non responsrve
TOTAL E.1 $ , 138.00 no Dro
29
ARROWMAIL.INC.A&B BULK MAILERS, INC
&:.qBS gtitr:b=aah.jte.rd-?tEi*-i**ulds t.tiai*ililiq,efia'iiifif-O,i,.+ii#l litir:'
Sent to Miami Beach residents. Print standard 8,hby 11 letter (2 pages).
lnsert in standard #10 envelope. Print address on envelope (addresses will
be provided)
Annually Estimated Quantity: 200 notices
-N/A = INCLUDED
NIC = No Charge
-lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY ANNUALLY ANNUALLY
87 Print standard 8 % by 1 1 letter (2 pages)20c $ 16.00 non responsrve
88 Data Processino: Address Standardization 20c $ 1.20 non responsrve
89 Presort, Barcode-Zip+4, Merge/Purge 20($ 1.20 non responsrve
90 Meterino 20($ 1.00 non responsrve
91 Addressing - Print address on envelope 20($ 2.40 non responsive
92 Folding 20c $ 1.00 non responsrve
93 lnsert in standard #1 0 envelope (one piece)20($ 1.oo non responsrve
94 lnserting (each additional piece)20c $ 1.00 non responsrve
95 feliver to USPS/Miami BMAU 20(INC non responsrve
OA Drop Ship to: Post Office Miami Beach Stations 20($25.00 non responsrve
E,2 $49-80 no bid
ARROWMAIL,INC.A&B BULK MAILERS. INC.
iliG-RS=.-O:iilt*itae,+AldHit6t :HiffiiiiilS uil ifE0.tlE*#ii,?,N i..j:S=';ii$il--iif .tli;..i;-==:.Hi j .i, . '. .:'Xrlx . ,, , -:t.a)::i .),"1
Sent to Miami Beach business owners. Print standard 8 % by 11 latter
(1 page).
lnsert in standard #10 envelope. Print address on envelope (addresses will
be provided)
Annually Estimated Quantity: 175 notices
*N/A = INCLUDED
N/C = No Charge
*lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
97 Print standard 8 % bv 1 1 letter (2 paqes)15 $ 14.00 non responsrve
98 Data Processinq: Address Standardization 75 $ 1.05 non responsive
99 Presort, Barcode-Zio+4, Meroe/Puroe 7:$ 1.05 non responsrve
00 Metering 7<$ 0.88 non responsrve
0l Addressing - Print address on envelope 7:$ 2.10 non responsrve
02 Foldinq '7 :,$ 0.88 non responsrve
03 lnsert in standard #10 envelope (one piece)75 $ 0.88 non responstve
04 lnserting (each additional piece)15 $ 0.88 non responsrve
05 Deliver to USPS/Miami BMAU 75 INC non responstve
06 Drop Ship to: Post Office Miami Beach Stations 75 $ 25.00 non responstve
TOTAL E.3 $: 46-7A no bid
30
GROUP F: Mayor's Office ARROWMAIL.INC.A&B BULK MAILERS. INC,
t ette.l*:tol iRd$iilehts-: ::::: r. il',ii rti
Pnnt Letters (provicled in electronic format - PDF) lnsert in #10 envelope with
ivindow. Annuallv Estimated Ouantitv: 20.000 - 25.000 letters
^N/A = INULUUEU
N/C = No Charqe
.INC = INCLUDED
N/C = No Charoe
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
0'7 Print standard 8 % bv 1 1 letter 25.00c $ 1,000.00 non responsrve
08 Data Processino: Address Standardization 25.00c $ 150.00 non responsrve
09 Presort, Barcode-Zip+4, Merge/Purge 25,00c $ 150.00 non responsive
10 \rletering 25.00c $ 12s.00 non responsive
t1 Addressing - Print address on envelope 25,00c $ 300.00 non responsrve
taLL Foldinq 25.00c $ 12s.00 non responsrve
t3 lnsert in standard #10 envelooe (one piece)25.00($ 12s.00 non responsrve
t4 lnsertinq (each additional piece)25.00($ 125.00 non responsrve
15 DEIiVCT tO USPS/MiAMi BMAU 25.00(rNc non responsive
16 Drop Ship to: Post Office Miami Beach Stations 25.00c $ 25.00 non responsive
TAL GROUP F $ 2,125.00 no bid
GROUP G: Central Services ARROWMAIL.INC.A&B BULK MAILERS. INC.
$'lSf-#*iiA!{,:;.*li*::.::
lize 4'x 6' Annually Estimated Quantity: 500 (varies)
*NiA = INCLUDED
N/C = No Charqe
*lNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
ory ANNUALLY ANNUALLY
l7 Pick Up from location 50t INC non responsive
l8 Data Processino: Address Standardization 50c $ 3.00 non responsrve
L9 Presort, Barcode-Zip+4, Merqe/Purqe 50c $ 3.00 non responstve
20 Metering 50c a 2.50 non responsrve
2l Duplications, CASS Certification 50c INC non responsive
22 Addressino 50c s 6.00 non responsrve
23 Labeling 50c $ 6.00 non responsrve
AAL1 Deliver to USPS/Miami BMAU 50c INC non responsrve
25 Drop Ship to: Post Office Miami Beach Stations 50c $ 2s.00 non responsrve
TOTAL GROUP G $ 4s.50 no bid
GROUP H: Planninq Department ARROWMAIL.INC.A&B BULK MAILERS. INC.
FIi fif,c i.ido' 6-au-r1-Esy: N te'es:{:B.e,"dtd-dii,s$,#.4i rl,{: ff #l 1', :" i-.; ; r
Sent to Miami Beach residents. Annual Estimated Quantity: 10,000 (Varies)
Print 5"x 7" Postcard. Print address in postcards or label
*N/A = INCLUDED
N/C = No Charge
-lNC
= INCLUDED
NiC = No Charge
ITEM DESCRIPTION EST
OTY
ANNUALLY ANNUALLY
26 Pick Up from location 0-00c rNc non responsrve
27 Data Processinq: Address Standardization 0.00c $ 60.00 non responsrve
/.6 Presort, Barcode-Zip+4, Merge/Purge 0.00($ 60.00 non responsrve
29 Metering 10.00r $ 50.00 non responsive
30 Duplications, CASS Certification 0.00i INC non responsrve
31 Addressinq 10.00($ 120.00 non responsrve
J!Labelinq or orint address in oostcards 0.00c $ 120.00 non responsrve
33 Deliver to USPS/Miami BMAU 0.00c INC non responstve
J+Drop Ship to: Post Office Miami Beach Stations 0,00c $ 25.00 non responsrve
TOTAL H.1:$435;00 no bid
31
ARROWMAIL.INC.A&B BULK MAILERS, INC
FI.l2:l'P-iub.liEltfd5i{iriw ctrfi tioti's l;;l1f;-ii;5ll;;.f i:i=:i::r:,i::l r:uil$tc,llffi$,li$#s$[Hi
ient to Miami Beach residents. Annually Estimated Quantity: 50,000 (Varies)
rrint standard 81/z by 11 letter. lnsert in standard #10 envelope
.N/A
= INCLUDED
N/C = No Charge
tlNC = INCLUDED
N/C = No Charge
ITEM DESCRIPTION EST
QTY
ANNUALLY ANNUALLY
35 Pick Up from location 50.00(INC non responsive
36 Data Processinq :Address Standardization 50,00($ 300.00 non responsive
3l Presort, Barcode-Zio+4, Merqe/Purqe 50.00($ 300.00 non responsive
38 V'letering 50.00($ 250.00 non responsrve
39 Addressing - Print address on envelope or label 50.00($ 600.00 non responstve
40 oldino 50.00($ 250.00 non responslve
4t lnsert in standard #10 envelope (one piece)s0.00($ 250.00 non responslve
+/lnsertinq (each additional piece)50,00c $ 250.00 non responsive
43 Deliver to USPS/Miami BMAU 50.00c INC non responsrve
44 Droo Ship to: Post Office Miami Beach Stations 50.00c $ 25.00 non responsrve
TOTAL H.2:S =2:225.00 no bid
32
COMMISSION ITEM SUMMARY
Condensed Title:
REQUEST FOR APPROVAL TO ISSUE REQUEST FOR QUALTF|CATIONS (RFQ) NO. 2015-160-
YG FOR CONSTRUCTABILITY, COST. AND VALUE ENGINEERING REVIEW SERVICES.
Clerk's Office lative Track
T:\AGENDA\201 EMENflRFQ 201 5-'160-YG Constructability, Cost, and Value Engineering - ISSUANCE
SUMMARY.docx
AGENDA ITEM
Build And Maintain lnfrastructure With Full Accountabi
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
The City's Capital lmprovement Program has grown from approximately $400 million to over $1.8 billion. The
active projects are valued at approximately $500 million. Quality improvement opportunities can be found by
having the ability to identify constructability issues and minimize unforeseen conditions which will mitigate the
attendant impact on project costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality control
initiatives utilizing dedicated in-house resources, as well as outside expertise from construction industry
professionals that would be pre-selected as a result of the Request for Qualifications (RFa) selection process.
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood projects
located throughout the City that are in various stages of design, bid, and construction. The probable cost
estimates and construction drawings are developed by the design consultants during the design phase of the
work and reviewed by the stakeholder City Departments prior to the issuance of the lnvitation to Bid, (lTB).
The proposed quality control enhancements would utilize construction industry professionals, as needed,
during various phases of a project to provide construction cost estimates; constructability reviews; identify
value engineering alternatives; review pricing on bid submittals and provide overall input on construction
quality control issues. This involvement of independent industry professionals during the design process to
properly address the residents' needs, review alternate construction means and methods, establish quality
assurance/quality control procedures, provide comprehensive peer review of construction documents to
identify design deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying the
monetary requirements for construction allows the City to forecast the monies required prior to issuance of any
necessary construction bonds and/or capital budget requirements.
Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a pool of qualified
successful proposer(s) for the provision of Constructability, Cost, and Value Engineering Review Services.
After City Commission award approval, the City will negotiate and establish contracts with the successful
proposers for a term of three (3) years, with options to renew for two (2) additional one (1) year periods.
RECOMMENDATION
The Administration recommends that the Mayor and Commission authorize the issuance of RFQ 2015-160-YG
for Constructabilitv. Cost, and Value Enqi Review Services.
N/A
Financial lnformation:
Source of
Funds:
Financial lmpact Summary: N/A
Alex Denis, Director Ext # 6641
Cac* MIAAAIBTACH DAT€33
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members of City Co
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: REQUEST FOR APPROVAL TO uE REQUEST FOR QUALTFTCATTONS (RFO)
ABILITY, COST, AND VALUE ENGINEERINGNO. 2015.160-YG FOR CONSTRU
REVIEW SERVICES.
ADMI NISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
The City's Capital lmprovement Program has grown from approximately $400 million to over
$1.8 billion. The active projects are valued at approximately $500 million. Quality improvement
opportunities can be found by having the ability to identify constructability issues and minimize
unforeseen conditions which will mitigate the attendant impact on project costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous
quality control initiatives utilizing dedicated in-house resources, as well as outside expertise
from construction industry professionals that would be pre-selected as a result of the Request
for Qualifications (RFO) selection process.
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood
projects located throughout the City that are in various stages of design, bid, and construction.
The probable cost estimates and construction drawings are developed by the design
consultants during the design phase of the work and reviewed by the stakeholder City
Departments prior to the issuance of the lnvitation to Bid, (lTB).
The proposed quality control enhancements would utilize construction industry professionals, as
needed, during various phases of a project to provide construction cost estimates;
constructability reviews; identify value engineering alternatives; review pricing on bid submittals
and provide overall input on construction quality control issues. This involvement of independent
industry professionals during the design process to properly address the residents' needs,
review alternate construction means and methods, establish quality assurance/quality control
procedures, provide comprehensive peer review of construction documents to identify design
deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately
identifying the monetary requirements for construction allows the City to forecast the monies
required prior to issuance of any necessary construction bonds and/or capital budget
requirements.
34
City Commission Memorandum - RFQ for Constructability, Cost, and Value Engineering Review Servrces
May 6, 201 5
Page 2 of 2
Approval of this RFQ will enable the City to solicit Statements of Qualifications to establish a
pool of qualified successful proposer(s) for the provision of Constructability, Cost, and Value
Engineering Review Services. After City Commission award approval, the City will negotiate and
establish contracts with the successful proposers for a term of three (3) years, with options to
renew for two (2) additional one (1) year periods.
SCOPE OF SERVICES
Please Reference Appendix C, Sub-Section C2 of RFQ 2015-160-YG for Constructability, Cost,
and Value Engineering Review Services (attached).
MINIMUM QUALIFICATIONS
Please Reference Appendix C, Sub-Section C1 of RFQ 2015-160-YG for Constructability, Cost
and Value Engineering Review Services (attached).
MINIM UM DOCUMENTATION SUBMITTAL REQUI REM ENTS
Please Reference Section 0300 - Submittal lnstructions and Format of RFQ 2015-160-YG for
Constructability, Cost and Value Engineering Review Services (attached).
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference Section 0400 - Statements of Qualifications Evaluation of RFQ 2015-160-YG
for Constructability, Cost and Value Engineering Review Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission authorize the issuance of
RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services.
ATTACHMENTS
RFQ 2015-160-YG for Constructability, Cost and Value Engineering Review Services.
JLM/MT/AD
T:\AGENDA\2015\May\PROCUREMENT\RFQ 2015-160-YG - RFQ 2015-160-YG Constructability, Cost, and Value Engineering
Services - ISSUANCE MEMO.docx
35
REQUEST FOR QUALTFTCATTONS (RFa)
CONSTRUCTABILITY, COST, AND VATUE ENGINEERING REVIEW SERVICES
RFQ No. 2015-160-YG
RFQ ISSUANCE DATE: MAY 8,2015
STATEMENTS OF QUALIFICATIONS DUE: JUNE 1,2015 @ 3:00 PM
ISSUED BY: YUSBEL GONZALEZ, CPPB
MIAMIBEACH
Yusbel Gonzolez, CPPB
Senior Procurement Speciolist
DEPARTMENT OF PROCUREMENT
17OO Convention Center Drive, Miomi Beoch, FL 33,l39
30 5 .67 3 .7 0OO Ext. 62 3 0 yusbelgonzo lez@m io m i beochfl. gov
www.miomibeochfl.gov
36
MIAMIBEACH
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NoT uTrLrzED ......... .......... N/A
O2OO INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS ..........3
O3OO SUBMITTAL INSTRUCTIONS & FORMAT .............10
0400 EVALUATTON PROCESS ........... ..........12
APPENDICES: PAGE
APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ........14
APPENDIX B "NO BID" FORM .....21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS ..,,,,,...,......,,23
APPENDIX D SPECIAL CONDITIONS ........... ,,,,...,,,,,,..26
APPENDIX E INSURANCE REQUIREMENTS ,.............28
APPENDIX F SAMPLE CONTRACT..... ......30
RFA 2015 160-YG
37
MIAMIBEACH
SECTION O2()() INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Qualifications (RFO) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of
Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of
services and requirements as noted herein. All documents released in connection with this solicitation, including all
appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and
are complementary to one another and together establish the complete terms, conditions and obligations of the
Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award.
The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to this RFQ, Any prospective
proposer who has received this RFQ by any means other than through PublicPurchase must register immediately
with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach is soliciting Statements of Qualifications to establish a pool of qualified successful
propose(s) for the provision of Constructability, Cost, and Value Engineering Review Services. After City
Commission award approval, the City will negotiate and establish contracts with the successful proposers for a term
of three (3) years, with options to renew for two (2) additional one (1) year periods.
The successful proposers will be assisting the City with: constructability reviews, value engineering analysis to
identify potential cost savings, technical specification reviews, identifying alternate construction means and methods,
establishing accurate project scheduling, establishing quality assurance/quality control guidelines, meeting with the
design team and City during the development of a project, and participating in the review of bids or proposals, These
review services will be for the various current and up-coming, Right of Way (ROW) neighborhood improvement
projects, underground utility and facilities projects under development by the City. When professional services are
required, a proposed project will be analyzed in terms of the predominant professional specialty required, and a firm
will be selected from the appropriate specialization list.
3. SOLICITATION TIMETABLE. The tentative schedule for this solicitation is as follows:
Solicitation lssued May 8, 2015
Pre-Submittal Meetinq May 15, 2015 at 10:00 AM
Deadline for Receipt of Questions May 19, 2015 at 5:00 PM
Resoonses Due June 1 ,2015 at 3:00 PM
Evaluation Committee Review & Proposer Presentations
(lf Required)
June 10,2015
Tentative Commission Aporoval June 20, 2015
Contract Neootiations Followinq Commission Aoproval
RFG 2015160-YG
38
MIAMIBEACH
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement contact noted below:
Procurement Contact:
Yusbel Gonzalez, CPPB
Telephone: Email:
305-673-7490Ext.6230 yusbelqonzalez@miamibeachfl.qov
Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.qov;
or via facsimile: 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
received no later than seven (7) calendar days prior to the date proposals are due as scheduled in Section 0200-3,
All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
5. PRE-STATEMENTS OF QUALIFICATIONS MEETING OR SITE VISIT(S). Only if deemed necessary by the City,
a pre-proposal meeting or site visit(s) may be scheduled.
A pre-proposal conference will be held as scheduled in the Solicitation Timetable above at the following address:
City of Miami Beach
City Hall- 4ttt Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not
mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow
these steps:
(1) Dial the TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER'.4142489
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFQ expressing their intent to participate via telephone.
6. PRE-STATEMENTS OF QUALIFICATIONS INTERPRETATIONS. Oral information or responses to questions
received by prospective Proposer are not binding on the City and will be without legal effect, including any
information received at pre-submittal meeting or site visit(s). Only questions answered by written addenda will be
binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase.
7. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the
"Cone of Silence." The Cone of Silence ordinance is available at
http://library.municode.com/index.asox?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.
RFA 2015 160-YG
39
MIAMIBEACH
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 :l/web. miamibeachfl.qov/procu remenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE.... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371r DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3. LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES.. . CITY CODE SECTIONS 2481 THROUGH 2-406. CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
ISSUES.,..,.,.... CITY CODE SECTION 2488. REQUIREMENT FOR CITY CONTMCTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-373. LIVING WAGE REQUIREMENT.,.,...... CITY CODE SECTIONS 2407 THROUGH2-410
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
r ACCEPTANCE OF GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT 0F QUALIFICATIONS. The City reserves the right to
postpone the deadline for submittal of Statement of Qualifications and will make a reasonable effort to give at least
three (3) calendar days written notice of any such postponement to all prospective Proposers through
PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred,
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Statements of
Qualifications Evaluation, 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 relection of all Statement of
Qualifications, The City Manager's recommendation need not be consistent with the scoring results identified herein
and takes into consideration Miami Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the proposer to perform the contract
(2) Whether the proposer can perform the contract within the time specified, without delay or
interference
(3) The character, integrity, reputation, judgment, experience and efficiency of the proposer
(4) The quality of performance of previous contracts
(5) The previous and existing compliance by the proposer with laws and ordinances relating to the
contract
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposer
(s) which it deems to be in the best interest of the City, or it may also reject all Statement of Qualifications. Upon
RFG 2015 I 60-YG
40
MIAMIBEACH
approval of selection by the City Commission, negotiations between the City and the selected Proposer (s) will take
place to arrive at a mutually acceptable Agreement, including cost of services.
13. ACCEPTANCE OR REJECTION OF RESPONSES. The City reserves the right to reject any or all Statement of
Qualifications prior to award, Reasonable efforts will be made to either award the Contract or reject all Statement of
Qualifications within one-hundred twenty (120) calendar days after Statement of Qualifications opening date. A
proposer may not withdraw its Statement of Qualifications unilaterally before the expiration of one hundred and
twenty (120) calendar days from the date of Statement of Qualifications opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Statement of Qualifications, each Proposer shall be
solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract, lgnorance of such conditions
and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the
Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,
and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part
of the Proposer,
15. COSTS INCURRED BY RESPONDENTS. All expenses involved with the preparation and submission of
Statement of Qualifications, or any work performed in connection therewith, shall be the sole responsibility (and shall
be at the sole cost and expense) of the Proposer , and shall not be reimbursed by the City.
16. RELATIONSHIP TO THE CITY. lt is the intent of the City, and Proposals hereby acknowledge and agree, that
the successful Proposer(s) is considered to be an independent contractor, and that neither the Propose(s), nor the
Proposer's employees, agents, and/or contractors, shall, under any clrcumstances, 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. Proposals are expected to examine the terms, conditions, specifications, delivery schedules,
proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will
be at the Proposer's risk and may result in the Statement of Qualifications being non-responsive,
19. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and
found to comply with contract, specifications, free of damage or defect, and are properly invoiced. lnvoices must be
consistent with Purchase Order format.
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,
6RFQ 20r5-r60-YG
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experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of proposer to comply with this paragraph shall constitute a
material breach of this contract,
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
22. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
23. ANTI-DISCRIMINATION. The proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Statement of Qualifications will only be considered from firms which are regularly engaged in the business of
providing the goods and/or services as described in this solicitation.
C. Proposals must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the
City of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require 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 otherwise 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.
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27. OPTIONAL CONTRACT USAGE. When the successful proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor. However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The 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 othenrvise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement,
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposals are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24($, Art..1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier,
Additionally, Contractor agrees to be in full compliance with Florida Statute 1'19.0701 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
RFG 2015-160-YG
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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 QUALIFICATIONS, A Proposer may submit a modified Statement of
Qualifications to replace all or any portion of a previously submitted Statement of Qualifications up until the
Statement of Qualifications due date and time. Modifications received after the Statement of Qualifications due date
and time will not be considered, Statement of Qualifications shall be irrevocable until contract award unless
withdrawn in writlng prior to the Statement of Qualifications due date, or after expiration of 120 calendar days from
the opening of Statement of Qualifications without a contract award. Letters of withdrawal received after the
Statement of Qualifications due date and before said expiration date, and letters of withdrawal received after contract
award will not be considered.
34. EXCEPTIONS TO RFQ. Proposals must clearly indicate any exceptions they wish to take to any of the terms in
this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and
clearly delineated, in writing, in the Statement of Qualifications. The City, at its sole and absolute discretion, may
accept or reject any or all exceptions and alternatives. ln cases in which exceptions and alternatives are rejected,
the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer
took exception to (as said term and/or condition was originally set forth on the RFQ).
35. ACCEPTANCE OF GIFTS. FAVORS, SERVICES. Proposals shall not offer any gratuities, favors, or anything of
monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this
Statement of Qualifications. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept
any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties.
Balance of Pase lntentionallv Left Blank
RFA 2015-160-YG 9
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sEcTtoN 0300 SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted
in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals.
Additionally, seven (7) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The
following information should be clearly marked on the face of the envelope or container in which the proposal is
submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications
received electronically, either through email or facsimile, are not acceptable and will be rejected,
2. LATE BIDS. Statement of Qualifications are to be received on or before the due date/time established herein for
the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications
will be considered late and not be accepted or will be returned to proposer unopened. The City does not
accept responsibility for any delays, natural or othenarise.
3. STATEMENTS OF QUALIFICATIONS FORMAT. ln order to maintain comparability, facilitate the review process
and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that
Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below.
Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references.
Electronic copies should also be tabbed and contain a table of contents with page references, Statement of
Qualifications that do not include the required information will be deemed non-responsive and will not be considered.
Cover Letter & Minimum Qualifications
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and propose/s primary contact for
the purposes of this solicitation.
1.2 Response Certification, Questionnaire and Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed,
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
irements established in Appendix C, Minimum Requirements and Specifications.
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history, relevant experience and
proven track record of providing the scope of services as identified in this solicitation to public sector clients (i,e.
municipal governments, agencies or levels of government). Proposer must submit relevant projects, performed in the
last five (5) years as evidence of experience; the following is required for each project: project name and description,
assigned tasks and responsibilities, agency (client) name, agency (client) contact, contact telephone and email, month
and year services were started and completed, term of engagement, total cost and/or fees paid to your firm, total cost of
construction (estimated and actual).
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel, support personnel and sub-
consultants to be used, if awarded, and the role that each team member will play in providing the services detailed
herein. A resume of each individual, including education, experience, applicable licenses, and any other pertinent
information, shall be included for each respondent team member on the organizational chart who is assigned a role on
this contract.
Proposer shall also provide a list of a minimum of three (3) pro.lects, performed in the last flve (5) years, which
demonstrates the teams' experience in providing constructability, cost, and value engineering services for right-of-way
improvement projects, including but not limited to: stormwater improvements, water main improvements, enhanced
landscape/streetscape treatments, asphalt paving/resurfacing, street signage/striping, sidewalk construction/repair.
RFA 20 r s-r 6GYG t0
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2,3 Qualifications of Project Manager. Provide a comprehensive summary that elaborates on the experience and
qualifications of the individual who will be selected to serve as the firm's project manager for this contract,
(recommended 1 to 2 pages)
2.4 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 submitta! to the City and as
early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
&
Submit detailed information on the approach and methodology of how the proposer plans to accomplish the scope
of services outlined in the RFQ.
Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or
proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
RFA 2015-160-YG 1l
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SECTION O4OO STATEMENTS OF QUALIFICATIONS EVALUATION
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
Statement of Qualifications in accordance with the requirements set forth in the solicitation. lf further information is
desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral
presentations to the Evaluation Committee, The evaluation of Statement of Qualifications will proceed in a two-step
process as noted below. lt is important to note that the Evaluation Committee will score the qualitative portions of the
Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City
Manager. The results of Step 1 & Step 2 Evaluations will be 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. An Evaluation Committee, appointed by the City
Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria
established below for Step 1, Qualitative Criteria, ln doing so, the Evaluation Committee may:. Review and score all Statement of Qualifications received, with or without conducting interview
sessions; or. Review all Statement of Qualifications received and short-list one or more Proposer to be further
considered during subsequent interview session(s) (using the same criteria).
Experience and Qualifications
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive
additional quantitative criteria points to be added by the Department of Procurement to those points earned in Step
1, as follows,
Veterans preference
RFA 2015 t60YG toIL
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4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 points will
be added to each evaluation committee member's scores by the Department of Procurement. Step 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 I
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
srep z
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
RFA 201 5-t 60 YG 'I .)
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APPENDIX A
MIAMIBEACH
Response Certificotion,
auestionnoire &
Req uirements Affidovit
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
49
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Solicitation No:
RFO No 2015-160-YG
Solicitation Title:
Constructabilitv, Cost, and Value Enoineerino Review Services
Procurement Contact:
YusbelGonzalez, CPPB
Tel:
305-673-7000 Ext.6230
Email:
vus belo onzalez(O miam i beachfl . oov
STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Response 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 to confirm that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire
and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and
executed.
1. General 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):
L;I I Y:
STATE:ZIP UUUE:
TELEPHONE NO,:
I-OLL FREE NO.:
FAX NO,:
FIRM LOCAL ADDRESS:
IY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements.
RFA 201 5-t 6GYG AppendixA-Poge 1
50
2.
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Veteran Owned Business. ls proposer claiming a veteran owned business status?f--l vrs [--] tto
SUBMITTAL REQUIREMENT: Proposals claiming veteran owned business status shall submit a documentation proving that firm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict 0f lnterest. All Proposals must disclose, in their Statement of Qualiflcations, 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. Fufter, all
Proposals must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or
more in the Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposals must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposals must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates
References and 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
individual name and title 3) address 4) telephone 5) contact's email and 6) narrative on scope of services provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance by any public sector agency?
l-_--] vrs [__-l ruo
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposals are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposals shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Statement of Qualifications, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a conkolling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its proposal/response
or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www.miamibeachfl .gov/procuremenU.
The living wage rate and health eare henefits rate may, by Reselutien ef the eity eemmissien be indexed annually fer inflatien
us+ng the eensumeFPd
5.
6.
7.
RFQ 2015-r60-YG AppendixA-Poge2
51
8.
MIAMIBEACH
@
fines; as previded in the City's tiving Wage Ordinanee, as amended, Further infermatien en the tiving Wage requirement is
@
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---l vrs [__-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?
l__-l vrs l---l r,ro
C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement
leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit(s)
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl.gov/procuremenU.
Public Entity Crimes, Section 287 .133(2)(a), Florida Statutes, as currently enacted or as amended from time to time, states that a
person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit
a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit
proposals, Statement of Qualifications, or replies on leases of real property to a public entity; may not be awarded or perform work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with
any public entity in excess of the threshold amount provided in s. 287017 for CATEGORY TWO for a period of 36 months
following the date of being placed on the convicted vendor list.
9.
RFA 2015 r60YG AppendixA-Poge3
52
'10.
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SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, proposer agrees
with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation
which may provide additional information to Proposer or alter solicitation requirements. The City will strive to reach every Proposer
having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposals are solely
responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of
Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendums may result in proposal disqualification.
lnitial to Confirm
Receiot
lnitial to Confirm
Receinl
lnitial to Confirm
Rcnpinl
Addendum 1 Addendum 6 Addendum 11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover.
RFA 2015-160-YG AppendixA-Poge4
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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 Statement of Qualifications made pursuant to this solicitation, or in making any award, or in failing
or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this
solicitation, either before or after issuance of an award, shall be without any liability or obligation on the part of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject
Statement of Qualifications, and may accept Statement of Qualifications which deviate from the solicitation, as it deems appropriate and in its
best interest. ln its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Statement of
Qualifications in response to this solicitation.
Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances,
including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the
applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposals. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or
approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Statement of Qualifications submitted to the City
pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmentin-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be
subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain
confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all
documents received by the City shall become public records.
Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of
Qualifications, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to
substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all
information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is
true, accurate and complete, to the best of its knowledge, information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposals agree that in the event of a final unappealable judgment
by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any
action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The
previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
RFa 2015-t60YG AppendixA-Poge5
54
MIAMIBEACH
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 undenstand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or pafty 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 Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and
accurate.
Name of Proposer's Authorized Representative:Title of Proposer's Authorized Representative:
Signature of Proposer's Authorized Representative:Date:
State of FLORIDA )
)
County of _)
On this _day of _, 20_, 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 Florida
My Commission Expires:
RFA 2015 r60YG AppendixA-Poge6
55
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFQ No .20] 5-144-YG
Constructobility, Cost, ctnd Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
56
MIAMIBEACH
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS 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)
Wedo_do
type product
not _ want to be retained on your mailing list for future proposals of this
and/or service.
Signature:
Title:
Lega! Company Name:
Note: Failure to respond, either by submitting a proposal or this completed form, may
result in your company being removed from our vendors list.
PLEASE RETURN TO:
CITY OF MIAMI BEACH
DEPT. OF PROCUREMENT
ATTN: Yusbel Gonzalez, CPPB
STATEMENTS OF QUALI FICATIONS #201 5.1 6O.YG
1700 Convention Center Drive, 3'd Floor
MIAMI BEACH, FL 33139
RFQ 20r5-r60-YG AppendixB-Poge 1
57
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
58
C1. Minimum Requirements: The Minimum Eligibility Requirements forthis solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposals that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered,
1. Proposer must be a State of Florida Certified General Contractor, State of Florida Certified
Under Ground Utility Contractors or licensed engineering or architectural firm by the State of
Florida Department of Business and Professional Regulation, regularly engaged in the
business of providing the professional specialization services as described in this RFQ.
Submittal Requirement: Provide a copy of the required Iicense(s).
2. Proposer must have a minimum of five (5) years' experience providing the services outlined in
the RFQ and must have successfully completed at least three (3) projects for public sector
clients (i.e, municipal governments, agencies or other levels of government) demonstrating
experience in providing constructability, cost, and value engineering review services.
Submittal Requirement: for each project, submit project name and description,
assigned tasks and responsibilities, agency (client) name, agency (client) contact,
contact telephone and email, month and year the services were started and completed,
term of engagement, total cost and/or fees paid to your firm, total cost of construction
(estimated and actual).
3. Prolect Manager must have a minimum of five (5) years' experience providing the services
outlined in the RFQ and must have successfully completed at least three (3) prolects for public
sector clients (i.e. municipal governments, agencies or other levels of government)
demonstrating experience in providing constructability, cost, and value engineering review
services.
Submittal Requirement: for each project, submit project name and description, project
manager duties and responsibilities, agency (client) name, agency (client) contact,
contact telephone and email, month and year services were started and completed, and
the term of engagement.
C2. Statement of Work Required
I. BACKGROUND
The City's Capital lmprovement Program has grown from approximately $400 million to over $1.8 billion,
The active projects are valued at approximately $500 million. Quality improvement opportunities can be
found by having the ability to identify constructability issues and minimize unforeseen conditions which will
mitigate the attendant impact on pgect costs and schedules.
The City recognizes the value of pursuing a two-pronged approach to implement more rigorous quality
control initiatives utilizing dedicated in-house resources, as well as outside expertise from construction
industry professionals that would be pre-selected as a result of the Request for Qualifications (RFQ)
selection process.
59
The Right of Way (ROW) portion of the program has been subdivided into several neighborhood prolects
located throughout the City that are in various stages of design, bid, and construction. The probable cost
estimates and construction drawings are developed by the design consultants during the design phase of
the work and reviewed by the stakeholder City Departments prior to the issuance of the lnvitation to Bid,
(rTB)
The proposed quality control enhancements would utilize construction industry professionals, as needed,
during various phases of a project to provide construction cost estimates; constructability reviews; identify
value engineering alternatives; review pricing on bid submittals and provide overall input on construction
quality control issues. This involvement of independent industry professionals during the design process to
properly address the residents' needs, review alternate construction means and methods, establish quality
assurance/quality control procedures, provide comprehensive peer review of construction documents to
identify design deficiencies, identify potential value engineering alternatives and establish accurate project
timelines, will allow the City to more precisely identify capital budget requirements. Accurately identifying
the monetary requirements for construction allows the City to forecast the monies required prior to issuance
of any necessary construction bonds and/or capital budget requirements.
II, STATEMENT OF WORK REQUIRED.
The successful propose(s) will be required to provide the City with constructability reviews, value
engineering analysis to identify potential cost savings, technical specification reviews, identify alternate
construction means and methods, establish accurate project scheduling, and establishing quality
assurance/quality control guidelines. The successful proposers will meet with the design team and the City
during the development of a project and participate in the review of bids or proposals as needed.
Furthermore, the successful proposers will be required, but not limited to:. Provide detailed quantity take off of materials required to complete various projects in accordance
with Technical Specifications and design documents,o Provide detailed estimate of labor and material costs in an Excel spreadsheet format showing unit
prices, based on past comparable unit costs specifically associated with the South Florida Marketo Provide detailed constructability review with recommendations for alternate means and methods of
construction activities, value engineering, scheduling and construction sequencing that will
potentially reduce costs of the project,o Provide a cost comparison to a recognized construction cost estimating servlce adjusted for South
Florida construction, (RS Means or equivalent). The estimates will be contained in a single
spreadsheet showing cost comparisons individually tabulated.o ldentify any comparable prolects, including completion dates that were used to develop the
construction cost estimate,. Support City Staff and participate in the value engineering reviews with contractor.. Support City Staff in the bidding and award phase of pqects.
60
APPENDIX D
MIAMIBEACH
Specio! Conditions
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
61
MIAMIBEACH
f . TERM OF CONTRAGT. Three (3) Years
2. OPTIONS TO RENEW. Two (2) additional one (1) year options
3. PRICES. Not applicable.
4. EXAMINATION OF FAGILITIES. Not applicable
5. INDEMNIFICATION. Not applicable
6. PERFORMANCE BOND. Not applicable
7. REQUIRED CERTIFICATIONS. Not applicable
8. SHIPPING TERMS. Not applicable
9. DELIVERY REQUIREMENTS. Not applicable
10. WARRANTY REQUIREMENTS. Not applicable
11. BACKGROUND CHECKS. Not Applicable
12. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Sample
Contract, contains all the terms and conditions applicable to any service being provided to the
City resulting from award of contract. By virtue of submitting a proposal, consultant agrees not
to require additional terms and conditions at the time services are requested, either through a
separate agreement, work order, letter of engagement or purchase order.
13. PRECLUSION. Successful Proposer and sub-consultants contracted to provide
constructability, cost, and value engineering services for a particular project are precluded from
bidding/responding to the competitive solicitation for the design and/or construction of the
project.
RFG 2015-160-YG AppendixD-Poge 1
62
APPENDIX E
MIAMIBEACH
I nsuro nce Req uirements
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCUREMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33'139
63
MIAMIBEACH
INSURANCE REQUIREMENTS
This document sets forth the minimum levels of insurance that the contractor is required
to maintain throughout the term of the contract and any renewal periods.
XXX 1. Worker's Compensation lnsurance for all employees of the vendor as required by Florida
Statute 440,
XXX 2. 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,
XXX 3. 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.
XXX 4. Professional Liability lnsurance in an amount not less than $1,000,000 with the deductible per
claim, if any, not to exceed 10o/o of the limit of liability.
XXX 5, The City must be named as and additional insured on the liability policies; and it must be
stated on the certificate.
_ 6. Other lnsurance as indicated:
_ Builders Risk completed value $_.00_ Liquor Liability $_.00_ Fire Legal Liability $_,00_ Protection and lndemnity $_.00_ Employee Dishonesty Bond $_.00_ Other $_,00
XXX 7, Thirty (30) days written cancellation notice required.
XXX 8. Best's guide rating A-:Vll or better, latest edition.
XXX 9. The certificate must state the proposal number and title
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are
subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any
other applicable Statutes,
RFA 20I5 I6GYG AppendixE-Poge 1
64
APPENDIX F
MIAMIBEACH
Somple Controct
RFQ No.20l 5-144-YG
Constructobility, Cost, ond Volue
Engineering Review Services
DEPARTMENT OF PROCU REMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33.l39
65
AGREEMENT BETWEEN
CITY OF MIAMI BEACH
AND
ITNSERT CONSULTANT NAMEI
FOR
CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES
Resolution No.
AppendixE-Poge 1
66
TABLE OF CONTENTS
DESCRIPTION
ARTICLE 1. DEFINITIONS
ARTICLE 2. BASIC SERVICES
ARTICLE 3. THE CITY'S RESPONSIBILITIES
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
ARTICLE 5. ADDITIONAL SERVICES
ARTICLE 6. REIMBURSABLE EXPENSES
ARTICLE 7. COMPENSATION FOR SERVICES
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
ARTICLE 10. TERMINATION OF AGREEMENT
ARTICLE 11. INSURANCE
PAGE
3
8
15
21
22
22
23
25
26
26
27
28
28
18
19
20
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
ARTICLE 16.
INDEMNIFICATION AND HOLD HARMLESS
ERRORS AND OMISSIONS
LIMITATION OF LIABILITY
NOTICE
MISCELLANEOUS PROVISIONS
SCOPE OF SERVICES
SPECIAL TAXING DISTRICT MAP
CONSU LTANT COMPENSATION
HOURLY BILLING RATE
CONSTRUCTION COST BUDGET
PROJECT SCHEDULE
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
INSURANCE AND SWORN AFFIDAVITS
BEST VALUE AMENDMENT
SCHEDULES:
SCHEDULE A
SCHEDULE A-1
SCHEDULE B
SCHEDULE C
SCHEDULE D
SCHEDULE E
SCHEDULE F
SCHEDULE G
SCHEDULE H
34
49
50
51
52
53
54
83
84
RFA 2015-160-YG AppendixE-Poge2
67
TERMS AND CONDITIONS OF AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH
AND
UNSERT CONSULTANT NAME]
FOR
CONSTRUCTABILITY, COST, AND VALUE ENGINEERING REVIEW SERVICES
This Agreement made and entered into this _ day of _, 2015, by and between the CITY OF MIAMI
BEACH, a municipal corporation existing under the laws of the State of Florida, having its principal offices at
1700 Convention Center Drive, Miami Beach, Florida,33139, (hereinafter referred to as City), and [ENTER
CONSULTANT NAMEI, a [ENTER STATE OF INCORPORATION] corporation having its principal office at
IENTER ADDRESSI (hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, the City intends to undertake a project within the City of Miami Beach, which is more
particularly described in the Scope of Services attached as Schedule "A" hereto, and wishes to engage the
Consultant to provide specific professional services including, without limitation, fuE services for the Project,
at the agreed fees set forth in this Agreement; and
WHEREAS, the Consultant desires to contract with the City for performance of the aforestated
professional services relative to the Project, as hereinafter set forth; and
NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and agreement
herein contained, agree as follows:
ARTICLE 1. DEFINITIONS
1.1 CITY (OR OWNER): The "City" shall mean the City of Miami Beach, a Florida municipal corporation
having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139.
1.2 CITY COMMISSION: "City Commission" shall mean the governing and legislative body of the City.
1.3 CITY MANAGER: The "City Manager" shall mean the chief administrative officer of the City. The City
Manager shall be construed to include any duly authorized representatives designated in writing (including the
RFA 20 r 5-t 6GYG AppendixE-Poge3
68
Project Coordinator) with respect to any specific matte(s) concerning the Services and/or this Agreement
(exclusive of those authorizations reserved to the City Commission or regulatory or administrative bodies
having jurisdiction over any matte(s) related to the Project, the Services, and/or this Agreement).
1.4 PROPOSAL DOCUMENTS: "Proposal Documents" shall mean Request for Qualification No. 2015-
160-YG, entitled "Request for Qualification for Constructability, Cost, and Value Engineering Review Services,
together with all amendments thereto (if any), and the Consultant's proposal in response thereto (Proposal),
which is incorporated by reference to this Agreement and made a part hereof; provided, however, that in the
event of an express conflict between the Proposal Documents and this Agreement, the Agreement shall
prevail.
1.5 CONSULTANT: The named entity on page 1 of this Agreement, the "Consultant" shall mean the
architecUengineer who has entered into a contract with the City to provide the Services described under this
Agreement. When the term "Consultant" is used in this Agreement it shall also be deemed to include any
officers, employees, sub-consultants, agents, and any other person or entity acting under the supervision,
direction, or control of Consultant. Any sub-consultants retained by Consultant for the Project shall be subject
to the prior written approval of the City Manager. Consultant shall provide the Project Coordinator with copies
of the contract between Consultant and any sub-consultant. Any such contracts shall contain provisions that
preserve and protect the rights of the City under this Agreement. Nothing contained in this Agreement shall
create any contractual relationship between the City and sub-consultants. Any approval of a sub-consultant
by the City shall not, in any way, shift the responsibility for the quality and acceptability by the City of the
services performed by the sub-consultant, from the Consultant to City. Payment of sub-consultants shall be
the responsibility of the Consultant, and shall not be cause for any increase in compensation to the
Consultant for payment of the Basic Services. The quality of services and acceptability to the City of the
services performed by such sub-consultants shall be the sole responsibility of Consultant.
The following sub-consultants are hereby approved by the City Manager for the Project:
1.6 PROJECT COORDINATOR: The "Project Coordinator" shall mean the individual designated in writing
by the City Manager who shall be the City's authorized representative to coordinate, direct, and review (on
behalf of the City) all matters related to the Project during the design and construction of the Project (unless
expressly provided otherurise in this Agreement or the Contract Documents).
RFA 2015-t60YG AppendixE-Poge4
69
1.7 flntentionallyOmitted]
1.8 BASIG SERVICES: "Basic Services" shall include those services which Consultant shall perform in
accordance with the terms of the Agreement (and as required to complete the Project), as further described in
Article 2 and Schedule "A" hereto. ln addition any Services not specifically addressed as Additional Services
(as defined herein)shall be considered Basic Services.
1.9 PROJECT: The "Project" shall mean that certain City capital project that has been approved by the
City Commission and is described in Schedule "A" hereto.
1.9.1 Proiect Gost: The "Project Cost", shall mean the estimated total cost of the Project, as
prepared and established by the City, including the estimated Construction Cost and Soft Costs. The
Project Cost may, from time to time, be revised or adjusted by the City, in its sole discretion, to
accommodate approved modifications or changes to the Prolect or scope of work.
1.9.2 ProiectScope: The "Project Scope" shall mean the description of the Project in
Schedule "A" hereto.
1.10 CONSTRUCTION COST: The "Construction Cost" shall mean the sum which is the actual total
cost to the City of the Work (as established in the Contract Documents, as they may be amended from time to
time), including a contingency allowance for unforeseen conditions, not to exceed ten percent (10%) of the
construction cost for new construction, or twenty percent (20o/o) of the construction cost for rehabilitation of
historic buildings.
For Work not constructed, the Construction Cost shall be the same as the lowest bona fide bid or competitive
bid received and accepted from a responsive and responsible bidder or proposer for such Work.
1 .10.1 Construction Cost Budqet: The "Construction Cost Budget" shall mean the amount budgeted
by the City for the Construction Cost, as set forth in Schedule "D" hereto.
1.10.2Statementof ProbableGonstructionCost:The "Statement of Probable Construction Cost"
shall mean the latest approved written estimate of Construction Cost submitted by the Consultant to the
City, in a format approved by the Project Coordinator.
For Work which bids or proposals have not been let, the Statement of Probable Construction Cost shall
be the same as the Construction Cost.
RFQ 2015-160-YG AppendixE-Poge5
70
1.11 FORCE MAJEURE: "Force Majeure" shall mean any delay occasioned by superior or irresistible force
occasioned by violence in nature without the interference of human agency such as hurricanes, tornadoes,
floods, loss caused by fire and other similar unavoidable casualties; or by changes in Federal, State or local
laws, ordinances, codes or regulations enacted after the date of this Agreement ; or other causes beyond the
parties' control which have, or may be reasonably expected to have, a material adverse effect on the Project,
or on the rights and obligations of the parties under this Agreement and which, by the exercise of due
diligence, such parties shall not have been able to avoid; provided, however, that inclement weather (except
as noted above), the acts or omissions of sub-consultants/sub-contractors, market conditions, labor
conditions, construction industry price trends, and similar matters which normally impact on the construction
process SHALL NOT be considered a Force Majeure.
lf the Consultant is delayed in performing any obligation under this Agreement due to a force majeure, the
Consultant shall request a time extension from the Project Coordinator within five (5) business days of said
force majeure. Any time extension shall be subject to mutual agreement and shall not be cause for any claim
by the Consultant for extra compensation, unless additional services are required, and approved pursuant to
Article 5 hereof.
1.12 CONTRACTOR: "Contractod' shall mean the individual or individuals, firm, company, corporation, joint
venture, or other entity contracting with City for performance of the Work covered in the Contract Documents.
With regard to this Agreement, in particular, the term "Contractor" shall refer to the Design-Build firm
contracting with the City for performance of the design services and Work for the Project.
1.13 CONTRACT DOCUMENTS: "Contract Documents" shall mean this Agreement (together with all
exhibits, addenda, and written amendments issued thereto), and the documents prepared by Consultant in
accordance with the requirements of the Scope of Services in Schedule "A" hereto (that form the basis for
which the City can receive bids for the Work included in the documents). The Contract Documents shall also
include, without limitation (together with all exhibits, addenda, and written amendments issued thereto), the
invitation to bid (lTB), instructions to bidders, bid form, bid bond, the Contract for Construction, surety
payment and performance bonds, Conditions of the Contract for Construction [General, Supplementary, and
other Conditionsl, Divisions 0-17, Design Criteria Package, an approved Change Order(s), approved
Construction Change Directive(s), and/or approved written order(s) for a minor change in the Work.
1.14 CONTRACT FOR CONSTRUCTION: ln this Agreement, the term "Contract for Construction" shall
mean the legally binding agreement between City and with Contractor, which is intended to be a Design-Build
contract for performance of the design services and Work for the Prolect.
AppendixE-Poge6
71
1.15 CONSTRUGTION DOCUMENTS: "Construction Documents" shall mean the final plans, technical
specifications, drawings, documents, and diagrams prepared by the Contractor pursuant to its Contract for
Construction, which show the locations, characters, dimensions and details of the Work to be done, and
which are in compliance with the Contract Documents.
1.16 CONTRACT AMENDMENT: "Contract Amendment" shall mean a written modification to the
Agreement approved by the City (as specified below) and executed between City and Consultant, covering
changes, additions, or reductions in the terms of this Agreement including, without limitation, authorizing a
change in the Project, or the method and manner of performance thereof, or an adjustment in the fee and/or
completion dates.
Contract Amendments shall be approved by the City Commission if they exceed fifty thousand dollars
($50,000.00) or the City Manager if they are fifty thousand dollars ($50,000.00) or less (or other such amount
as may be specified by the City of Miami Beach Procurement Ordinance, as amended). Even for Contract
Amendments for less than fifty thousand ($50,000.00), the City Manager reserves the right to seek and obtain
concurrence of the City Commission for approval of any such Contract Amendment.
1.17 ADDITIONAL SERVIGES: "Additional Services" shall mean those services, in addition to the Basic
Services in this Agreement, which the Consultant shall perform, at the City's option, and which have been
duly authorized, in writing, by the City Manager or his authorized designee, prior to commencement of same.
1.18 WORK: "Work" shall mean all labor, materials, tools, equipment, services, methods, procedures, etc.
necessary or convenient to performance by Contractor of all duties and obligations proposed by the Contract
Documents.
1.19 SERVICES: "Services" shall mean all services, work, and actions by the Consultant performed
pursuant to or undertaken under this Agreement.
1.20 SOFT COSTS: "Soft Costs" shall mean costs related to the Project other than Construction Cost
including, without limitation, Consultant's Basic Services, Additional Services, surveys, testing, general
consultant, financing, and permitting fees, etc.
1.21 BASE BID: "Base Bid" shall mean the elements contained in the Construction Documents
recommended by the Consultant (and approved by the City) as being within the Construction Cost Budget.
"Base Bid" shall not include Additive Alternates or Deductive Alternates.
RFG 2015-t60YG Appendix E-Poge7
72
1.22 SCOPE OF SERVICES: "Scope of Services" shall include the Project Scope, Basic Services, and any
Additional Services (as approved by the City), all as described in Schedule "A" hereto.
1.23 SCHEDULES: "Schedules" shall mean the various schedules attached to this Agreement and referred
to as follows:
Schedule A
Schedule B
Schedule C -
Schedule D
Schedule E
Schedule F
Schedule G
Schedule H
Scope of Services.
Consultant Compensation.
Consultant Hourly Billing Rate Schedule.
Construction Cost Budget.
Project Schedule.
General Conditions of the Contract for Construction
lnsurance Requirements and Sworn Affidavits
Best Value Amendment
ARTICLE 2. BASIC SERVICES
2.1 The Consultant shall provide Basic Services for the Project, as required by the Contract Documents
and as set forth in Schedule "A" hereto.
2.2 The Services will be commenced upon issuance of the first Notice to Proceed which shall be issued by
the Project Coordinator and counter-signed by Consultant. Subsequent Notices to Proceed shall also be
issued by the Project Coordinator.
A separate Notice to Proceed shall be required prior to commencement of each Task (as same are set
forth in Schedule "A" hereto).
2.3 As it relates to the Services and the Project, Consultant warrants and represents to City that it is
knowledgeable of Federal, State, and local laws codes, rules and regulations applicable in the jurisdiction(s)
in which the Project is located, including, without limitation, applicable Florida Statutes, and State of Florida
codes, rules and regulations, and local (City of Miami Beach and Miami-Dade County) ordinances, codes, and
rules and regulations (collectively, "Applicable Laws"). As they relate to the Services and to the Project, the
Consultant agrees to comply with all such Applicable Laws, whether now in effect or as may be amended or
adopted from time to time, and shall further take into account all known pending changes to the foregoing of
which it should reasonably be aware.
Recognizing that the construction of other projects within the City may affect scheduling of the construction for
the Project, the Consultant shall diligently coordinate performance of the Services with the City (through the
RFA 2015-160-YG AppendixE-PogeB
73
Project Coordinator) in order to provide for the safe, expeditious, economical and efficient completion of the
Project, without negatively impacting concurrent work by others. The Consultant shall coordinate the Services
with all of its sub-consultants, as well as other Consultants, including, without limitation, City provided
Consultants (if any).
2.4 The Consultant warrants and represents to City that all of the Services required under this Agreement
shall be performed in accordance with the standard of care normally exercised in the design of comparable
projects in South Florida. Consultant warrants and represents to the City that it is experienced, fully qualified,
and properly licensed (pursuant to Applicable Laws) to perform the Services. Consultant warrants and
represents to City that it is responsible for the technical accuracy of the Services (including, without limitation,
the Contract Documents contemplated in Schedule "A" hereto).
2.5 The Consultant's Basic Services shall consist of five (5) Tasks (inclusive of Planning Services, Design
Services, Bidding and Award Services, Construction Administration - Contractor's Design Phase, and
Construction Administration - Construction Phase, all as further described in Schedule "A" hereto; and shall
also include any and all of Consultant's responsibilities and obligations with respect to the Project, as set forth
in the General Conditions of the Contract for Construction (attached as Schedule "F" hereto).
2.5.1 PlanningServices:
Consultant shall provide a Planning Services for the Project, as required by the Contract Documents
and as set forth in Task 1 of Schedule "A" hereto (entitled "Planning Services").
2.5.2 Desiqn Services:
Consultant shall prepare design documents for the Project, as required by the Contract Documents and
as set forth in Task 2 of Schedule t'A" hereto (entitled "Design Services")
2.5.3 Biddinq and Award Services:
Consultant shall provide bidding and award services for the Project, as required by the Contract
Documents and as set forth in Task 3 of Schedule "A" hereto (entitled "Bidding and Award Services").
2.5.4 Gonstruction Administration - Contractor's Design Phase:
Consultant shall provide construction administration services for the Project, as required by the
Contract Documents and as set forth in Task 4 of Schedule "A" hereto (entitled "Construction
Administration - Contractor's Design Phase").
2.5.5 Construction Administration - Construction Phase:
Consultant shall provide construction administration services for the Project, as required by the
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Contract Documents and as set forth in Task 5 of Schedule "A" hereto (entitled "Construction
Administration - Construction Phase").
2.5.6 Additional Services:
lf required (and so approved) by the City, Consultant shall provide Additional Services, as set forth in
Schedule "A" hereto.
2.6 RESPONSIBILITY FOR CLAIMS AND LIABILITIES: Written decisions and/or approvals issued by
the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant (or of
any of its officers, employees, sub-consultants, agents, and/or servants), for the accuracy and competency of
its/their designs, working drawings, plans, technical specifications, or other technical documents, nor shall
such approval and/or decisions be deemed to be an assumption of such responsibility by the City for a defect,
error or omission in designs, working drawings, plans, technical specifications, or other technical documents;
provided, however, that the Consultant shall be entitled to reasonably rely upon the accuracy and validity of
written decisions and approvals furnished by the City pursuant to this Agreement.
2.7 TIME: lt is understood that time is of the essence in the completion of the Project and, in this respect,
the parties agree as follows:
2.7.1 Term: The term of this Agreement shall commence upon execution by the parties (subject to
approval of the Agreement by the Mayor and City Commission) (the Effective Date), and shall be in
effect until all Services are completed or until the work and/or services under the Notices to Proceed in
force at the end of the stated period of time have been completed and the Services accepted,
whichever may be later.
2.7.2 The Consultant shall perform the Services as expeditiously as is consistent with the standard of
professional skill and care required by this Agreement, and the orderly progress of the Work.
2.7.3 The Services shall be performed in a manner that shall conform to the approved Project
Schedule, attached to as Schedule "E" hereto. The Consultant may submit requests for an
adjustment to the Project Schedule, if made necessary because of undue delays resulting from
untimely review taken by the City (or other governmental authorities having jurisdiction over the Project)
to approve the Consultant's submissions, or any other portion of the Services requiring approval by the
City (or other governmental authorities having jurisdiction over the Project). Consultant shall
immediately provide the Project Coordinator with written notice stating the reason for the particular
delay; the requested adjustment (i.e. extension) to the Project Schedule; and a revised anticipated
schedule of completion. Upon receipt and review of Consultant's request (and such other
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documentation as the Project Coordinator may require), the Project Coordinator may grant a
reasonable extension of time for completion of the particular work involved, and authorize that the
appropriate adjustment be made to the Project Schedule. The Project Coordinator's approval (if
granted) shall be in writing.
2.7.4 Nothing in this Section 2.7 shall prevent the City from exercising its rights to terminate the
Agreement, as provided elsewhere herein.
2.8 Consultant shall use its best efforts to maintain a constructive, professional, cooperative working
relationship with the Project Coordinator, Contractor, and any and all other individuals and/or firms that have
been contracted, or othenvise retained, to perform work on the Project.
2.9 The Consultant shall perform its duties under this Agreement in a competent, timely and professional
manner, and shall be responsible to the City for any failure in its performance, except to the extent that acts or
omissions by the City make such performance impossible.
The Consultant is responsible for the professional quality, technical accuracy, completeness, performance
and coordination of all work required under the Agreement (including the work performed by sub-consultants),
within the specified time period and specified cost. The Consultant shall perform the work utilizing the skill,
knowledge, and judgment ordinarily possessed and used by a proficient consulting with respect to the
disciplines required for the performance of the work in the State of Florida. The Consultant is responsible for,
and shall represent to City that the work conforms to City's requirements, as set forth in the Agreement. fhe
Consultant shall be and remain liable to the City for all damages to the City caused by the Consultant's
negligent acts or errors or omissions in the performance of the work. ln addition to all other rights and
remedies, which the City may have, the Consultant shall, at its expense, re-perform all or any portion of the
Services to correct any deficiencies which result from the Consultant's failure to perform in accordance with
the above standards. The Consultant shall also be liable for the replacement or repair of any defective
materials and equipment and re-performance of any non-conforming construction services resulting from such
deficient Services for a period from the Effective Date of this Agreement, until twelve (12) months following
final acceptance of the Work, and for the period of design liability required by applicable law. The Project
Coordinator shall notify the Consultant, in writing, of any deficiencies and shall approve the method and timing
of the corrections. Neither the City's inspection, review, approval or acceptance of, nor payment for, any of
the work required under the Agreement shall be construed to relieve the Consultant (or any sub-consultant) of
its obligations and responsibilities under the Agreement, nor constitute a waiver of any of the City's rights
under the Agreement, or of any cause of action arising out of the performance of the Agreement. The
Consultant and its sub-consultants shall be and remain liable to the City in accordance with Applicable Laws
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for all damages to City caused by any failure of the Consultant or its sub-consultants to comply with the terms
and conditions of the Agreement or by the Consultant or any sub-consultants' misconduct, unlaMul acts,
negligent acts, errors or omissions in the performance of the Agreement. With respect to the performance of
work by sub-consultants, the Consultant shall, in approving and accepting such work, ensure the professional
quality, completeness, and coordination of the sub-consultant's work.
2.9.1 The Consultant shall be responsible for deficient, defective Services and any resulting deficient,
defective construction services re-performed within twelve (12) months following final acceptance and
shall be subject to further re-performance, repair and replacement for twelve (12) months from the date
of initial re-performance, not to exceed twenty-four months (24) from final acceptance.
2.9.2 Gonsultant Performance Evaluation: The Consultant is advised that a performance
evaluation of the work rendered throughout this Agreement will be completed by the City and kept in the
City's files for evaluation of future solicitations.
210 The City shall have the right, at any time, in its sole and absolute discretion, to submit for review to
other consultants (engaged by the City at its expense) any or all parts of the Services and the Consultant
shall fully cooperate in such review(s). Whenever others are required to verify, review, or consider any work
performed by Consultant (including, without limitation, contractors, other design professionals, and/or other
consultants retained by the City), the intent of such requirement is to enable the Consultant to receive input
from others' professional expertise to identify any discrepancies, errors or omissions that are inconsistent with
industry standards for design or construction of comparable projects; or which are inconsistent with Applicable
Laws; or which are inconsistent with standards, decisions or approvals provided by the City under this
Agreement. Consultant will use reasonable care and skill, in accordance and consistent with customary
professional standards, in responding to items identified by other reviewers in accordance with this
subsection. Consultant shall receive comments from reviewers, in writing, including, without limitation (and
where applicable), via a set of marked-up drawings and specifications. Consultant shall address comments
foruvarded to it in a timely manner. The term "timely" shall be defined to mean as soon as possible under the
circumstances, taking into account the timelines of the Project Schedule.
2.1 1 [ntentionally Omitted]
2.12 Consultant agrees that when any portion of the Services relates to a professional service which, under
Florida Statutes, requires a license, certificate of authorization, or other form of legal entitlement to practice
and/or perform such Service(s), it shall employ and/or retain only qualified duly licensed certified personnel to
provide same.
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2.13 Consultant agrees to designate, in writing, within five (5) calendar days after issuance of the first Notice
to Proceed, a qualified licensed professional to serve as its project manager (hereinafter referred to as the
"Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of Consultant
with respect to directing, coordinating and administrating all aspects of the Services. Consultant's Project
Manager (as well as any replacement) shall be subject to the prior written approval of the City Manager or his
designee (who in this case shall be the Project Coordinator). Replacement (including reassignment) of an
approved Project Manager shall not be made without the prior written approval of the City Manager or his
designee (i.e. the Project Coordinator).
2.13.1 Consultant agrees, within fourteen (14) calendar days of receipt of written notice from the City
Manager or his designee (which notice shall state the cause therefore), to promptly remove and replace
a Project Manager, or any other personnel employed or othenvise retained by Consultant for the Project
( including, without limitation, any sub-consultants).
2.14 Consultant agrees not to divulge, furnish or make available to any third party(ies), any non-public
information concerning the Services or the Project, without the prior written consent of the City Manager or his
designee (who shall be the Project Coordinator), unless such disclosure is incident to the proper performance
of the Services; or the disclosure is required pursuant to Florida Public Records laws; or, in the course of
judicial proceedings, where such information has been properly subpoenaed. Consultant shall also require its
employees and sub-consultants to comply with this subsection.
2.15 The City and Consultant acknowledge that the Services do not delineate every detail and minor work
task required to be performed by Consultant to complete its work on the Project. lf, during the course of
performing of the Services, Consultant determines that work should be performed to complete its work on the
Project, and which is, in the Consultant's reasonable opinion, outside the level of effort originally anticipated in
the Scope of Services, Consultant shall promptly notify the Project Coordinator, in writing, and shall obtain the
Project Coordinator's written consent before proceeding with such work. lf Consultant proceeds with any such
additional work without obtaining the prior written consent of the Project Coordinator, said work shall be
deemed to be within the original Scope of Services, and deemed included as a Basic Service (whether or not
specifically addressed in the Scope of Services). Mere notice by Consultant to the Project Coordinator shall
not constitute authorization or approval by the City to perform such work. Performance of any such work by
Consultant without the prior written consent of the Project Coordinator shall be undertaken at Consultant's
sole risk and liability.
2.16 Consultant shall establish, maintain, and categorize any and all Project documents and records
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pertinent to the Services and shall provide the City, upon request, with copies of any and all such documents
and/or records. ln addition, Consultant shall provide electronic document files to the City upon completion of
the Project.
2.17 The City's participation in the design and construction of the Project shall in no way be deemed to
relieve the Consultant of its professional duties and responsibilities under the Contract Documents or under
Applicable Laws.
218 GREEN BUILDING STANDARDS:
The Consultant shall comply with the requirements of Section 255.2575, Florida Statutes, and Chapter 100 of
the City Code, as both may be amended from time to time, addressing applicable Leadership in Energy and
Environmental Design (LEED) compliance requirements.
2.19 SUB-CONSULTANTS: All services provided by sub-consultants shall be consistent with those
commitments made by the Consultant in its Proposal and during the competitive solicitation selection process
and interview. Such services shall be undertaken and performed pursuant to appropriate written agreements
between the Consultant and the sub-consultants, which shall contain provisions that preserve and protect the
rights of the City under this Agreement. Nothing contained in this Agreement shall create any contractual
relationship between the City and the sub-consultants.
The Consultant shall not retain, add, or replace any sub-consultant without the prior written approval of the
City Manager, in response to a written request from the Consultant stating the reasons for any proposed
substitution. Any approval of a sub-consultant by the City Manager shall not in any way shift the responsibility
for the quality and acceptability by the City of the services performed by the sub-consultant from the
Consultant to the City. The quality of services and acceptability to the City of the services performed by sub-
consultants shall be the sole responsibility of Consultant. The Consultant shall cause the names of sub-
consultants responsible for significant portions of the Services to be inserted on the plans and specifications.
ARTICLE 3. THE CITY'S RESPONSIBILITIES
3.1 The City Manager shall designate a Project Coordinator, in writing, who shall be the City's authorized
representative to coordinate, direct, and review all matters related to this Agreement and the Project (except
unless othenvise expressly provided in this Agreement or the Contract Documents) during the design and
construction of same. The Project Coordinator shall be authorized (without limitation) to transmit instructions,
receive information, and interpret and define City policies and decisions with respect to the Services and the
Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or
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instructions to Consultant that would have the affect (or be interpreted as having the effect) of modifying
changing, (in any way) the following:
the Scope of Services;
the time within which Consultant is obligated to commence and complete the Services; or
the amount of compensation the City is obligated or committed to pay Consultant.
3.2 The City shall make available to Consultant all information that the City has in its possession pertinent
to the Project. Consultant hereby agrees and acknowledges that, in making any such information available to
Consultant, the City makes no express or implied certification, warranty, and/or representation as to the
accuracy or completeness of such information. The Consultant understands, and hereby agrees and
acknowledges, that it is obligated to verify to the extent it deems necessary all information furnished by the
City, and that it is solely responsible for the accuracy and applicability of all such information used by
Consultant. Such verification shall include, without limitation, visual examination of existing conditions in all
locations encompassed by the Project, where such examination can be made without using destructive
measures (i.e. excavation or demolition). Survey information shall be spot checked to the extent that
Consultant has satisfied itself as to the reliability of the information.
3.3 [ntentionally Omitted]
3.4 At any time, in his/her sole discretion, the City Manager may furnish accounting, and insurance
counseling services for the Prolect (including, without limitation, auditing services to verify the Consultant's
applications for payment, or to ascertain that Consultant has properly remitted payment due to its sub-
consultants or vendors).
3.5 lf the City observes or otherurise becomes aware of any fault or defect in the Project, or non-
conformance with the Contract Documents, the City, through the Project Coordinator, shall give prompt
written notice thereof to the Consultant.
3.6 The City, acting in its proprietary capacity as Owner and not in its regulatory capacity, shall render any
administrative approvals and decisions required under this Agreement, in writing, as reasonably expeditious
for the orderly progress of the Services and of the Work. No City administrative (proprietary) approvals and/or
decisions required under this Agreement shall be unreasonably conditioned, withheld, or delayed; provided,
however, that the City shall at all times have the right to approve or reject any such requests for any
reasonable basis.
The City Commission shall be the final authority to do or to approve the following actions or conduct,
a)
b)
c)
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by passage of an enabling resolution or amendment to this Agreement:
3.7.1 Except where othenruise expressly noted in the Agreement or the Contract Documents, the City
Commission shall be the body to consider, comment upon, or approve any amendments or
modifications to this Agreement.
3.7.2The City Commission shall be the bodyto consider, comment upon, orapprove anyassignment,
sale, transfer or subletting of this Agreement. Assignment and transfer shall be defined to also include
sale of the majority of the stock of a corporate Consultant.
3.7.3 Upon written request from Consultant, the City Commission shall hear appeals from administrative
decisions of the City Manager or the Project Coordinator. ln such cases, the Commission's decision
shall be final and binding upon all parties.
3.7.4 The City Commission shall approve or consider all Contract Amendments that exceed the sum of
fifty thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami
Beach Procurement Ordinance, as amended).
3.8 Except where otherurise expressly noted in this Agreement, the City Manager shall serve as the City's
primary representative to whom administrative (proprietary) requests for decisions and approvals required
hereunder by the City shall be made. Except where othenruise expressly noted in this Agreement or the
Contract Documents, the City Manager shall issue decisions and authorizations which may include, without
limitation, proprietary review, approval, or comment upon the schedules, plans, reports, estimates, contracts,
and other documents submitted to the City by Consultant.
3.8.1 The City Manager shall have prior review and approval of the Project Manager (and any
replacements) and of any sub-consultants (and any replacements).
3.8.2 The City Manager shall decide, and render administrative (proprietary) decisions on matters
arising pursuant to this Agreement which are not othenvise expressly provided for in this Agreement. ln
his/her discretion, the City Manager may also consult with the City Commission on such matters.
3.8.3 At the request of Consultant, the City Manager shall be authorized, but not required, to
reallocate monies already budgeted toward payment of the Consultant; provided, however, that the
Consultant's compensation (or other budgets established by this Agreement) may not be increased
without the prior approval of the City Commission, which approval (if granted at all) shall be in its sole
and reasonable discretion.
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3.8.4 [ntentionally Omitted]
3.8.5 The City Manager may approve Contract Amendments which do not exceed the sum of fifty
thousand dollars ($50,000.00) (or other such amount as may be specified by the City of Miami Beach
Purchasing Ordinance, as amended); provided that no such amendments increase any of the budgets
established by this Agreement.
3.8.6 The City Manager may, in his/her sole discretion, form a committee or committees, or inquire
of, or consult with, persons for the purpose of receiving advice and recommendations relating to the
exercise of the City's powers, duties, and responsibilities under this Agreement or the Contract
Documents.
3.8.7 The City Manager shall be the City Commission's authorized representative with regard to acting
on behalf of the City in the event of issuing any default notice(s) under this Agreement, and, should such
default remain uncured, in terminating the Agreement (pursuant to and in accordance with Article 10
hereof).
ARTICLE 4. RESPONSIBILITY FOR CONSTRUCTION COST
4.1 The City has established the Construction Cost Budget for the Project, as set forth in Schedule "D",
attached hereto.
4.2 Consultant shall certify and warrant to the City all estimates of Construction Cost prepared by the
Consultant.
4.3 Consultant shall warrant and represent to the City that its review and evaluation of the Construction
Cost Budget, Statement of Probable Construction Cost, and any other cost estimates prepared (or othenivise
provided) by Consultant for the Project, represent Consultant's best judgment as an experienced design
professional familiar with the construction industry; provided, however, that Consultant cannot (and does not)
guarantee that bids or negotiated prices will not vary from any estimates of Construction Cost or other cost
evaluation(s) prepared (or othenvise provided) by Consultant.
4.4 The Construction Cost Budget (as established in Schedule "D" hereto) shall not be exceeded without
fully justifiable, extraordinary, and unforeseen circumstances (such as Force Majeure) which are beyond the
control of the parties. Any expenditure above this amount shall be subject to prior City Commission approval
which, if granted at all, shall be at the sole and reasonable discretion of the City Commission. The City
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Commission shall have no obligation to approve an increase in the Construction Cost Budget and, if such
budget is exceeded, the City Commission may, at its sole and reasonable discretion, terminate this
Agreement (and the remaining Services) without any further liability to the City.
4.5 lf the lowest and best base bid exceeds the Construction Cost Budget by more than five percent (5%),
the City Commission may, at its sole option and discretion, elect any of the following options: (1) approve an
increase to the Construction Cost Budget; (2) reject all bids, and (at its option) authorize rebidding of the
Project; (3) abandon the Project and terminate the remaining Services without any further liability to the City;
(4) select as many Deductive Alternatives as may be necessary to bring the lowest and best bid within the
Construction Cost Budget; or (5) work with the Consultant to reduce the Project Scope, construction schedule,
sequence of Work, or such other action, as deemed necessary, to reduce the Construction Cost Budget. ln
the event the City elects to reduce the Project Scope, the Consultant shall provide any required revisions to
the Contract Documents (including, without limitation, the Construction Documents), and provide re-bidding
services, as many times as reasonably requested by the City, at no additional cost to the City, in order to
bring any resulting, responsive and responsible bids within five percent (5%) of the Construction Cost Budget.
ARTICLE 5. ADDITIONAL SERVICES
5.1 Additional Services shall only be performed by Consultant following receipt of written authorization by
the Project Coordinator (which authorization must be obtained prior to commencement of any such additional
work by Consultant). The written authorization shall contain a description of the Additional Services required;
an hourly fee (in accordance with the rates in Schedule "C" hereto), with a "Not to Exceed" amount;
Reimbursable Expenses (if any) with a "Not to Exceed" amount; the amended Construction Cost Budget (if
applicable); the time required to complete the Additional Services; and an amended Project Schedule (if
applicable). "Not to Exceed" shall mean the maximum cumulative hourly fees allowable (or, in the case of
Reimbursable Expenses, the maximum cumulative expenses allowable), which the Consultant shall not
exceed without further written authorization of the Project Coordinator. The "Not to Exceed" amount is not a
guaranteed maximum cost for the additional work requested (or, in the case of Reimbursables, for the
expenses), and all costs applicable to same shall be verifiable through time sheets (and, for Reimbursables,
expense reviews).
5.2 Additional Services may include, but not be limited to, the following:
5.2.1 Providing additional work relative to the Project which arises from subsequent circumstances and
causes which do not currently exist, or which are not contemplated by the parties at the time of
execution of this Agreement (excluding circumstances and causes resulting from error, omission,
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inadvertence, or negligence of Consultant).
5.2.2 Serving as an expert witness in connection with any public hearing, arbitration proceeding, or
legal proceeding, unless the subject matter at issue has arisen from the error omission, inadvertence, or
negligence of Consultant.
4 5.2.3 [ntentionally Omitted]
5.2.4 Assistance in connection with bid protests, re-bidding, or re-negotiating contracts (except for
Contract Document revisions and re-bidding services required under Section 4.5 hereof, which shall be
provided at no additional cost to City).
ARTICLE 6. REIMBURSABLE EXPENSES
6.1 Reimbursable Expenses are an allowance set aside by the City and shall include actual expenditures
made by the Consultant in the interest of the Prolect. The Reimbursable Expenses allowance, as specified in
Schedule "B" hereto, belongs to, and shall be controlled by, the City. Any money not directed to be used by
City for Reimbursable Expenses shall remain with the City (i.e. unused portions will not be paid to
Consultant).
Notwithstanding the above, any Reimbursable Expenses in excess of $500 must be authorized, in advance,
in writing, by the Project Coordinator. lnvoices or vouchers for Reimbursable Expenses shall be submitted to
the Project Coordinator (along with any supporting receipts and other back-up material requested by the
Project Coordinator). Consultant shall certify as to each such invoice and/or voucher that the amounts and
items claimed as reimbursable are "true and correct and in accordance with the Agreement."
6.2 Reimbursable Expenses may include, but not be limited to, the following:
6.2.1 Cost of reproduction, courier, and postage and handling of drawings, plans, specifications, and
other Project documents (excluding reproductions for the office use of the Consultant and its sub-
consultants, and courier, postage and handling costs between the Consultant and its sub-consultants).
6.2.2 Costs for reproduction and preparation of graphics for community workshops.
6.2.3 Permit fees required by City of Miami Beach regulatory bodies having jurisdiction over the
Project (i.e. City permit fees).
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ARTICLE 7. COMPENSATION FOR SERVICES
7.1 Consultant's "Not to Exceed" fee for provision of the Services shall be , including a
Reimbursable Expenses allowance of $
7.2 Payments for Services shall be made within forty-five (45) calendar days of receipt and approval of an
acceptable invoice by the Project Coordinator. Payments shall be made in proportion to the Services
satisfactorily performed, so that the payments for Services never exceed the progress percentage noted in
the Consultant's Progress Schedule (to be submitted with each invoice). No mark-up shall be allowed on
subcontracted work.
7.3 Approved Additional Services shall be compensated in accordance with the hourly rates set forth in
Schedule "G" attached hereto. Any request for payment of Additional Services shall be included with a
Consultant payment request. No mark-up shall be allowed on Additional Services (whether sub-contracted or
not).
7.4 Approved Reimbursable Expenses shall be paid in accordance with Article 6 hereto, up to the "Not to
Exceed" Reimbursable allowance amount in Schedule "B" hereto. Any request for payment of Reimbursable
Expenses shall also be included with Consultant's payment request. No mark-up shall be allowed on
Reimbursable Expenses.
7.5 ESCALATION: During the Term of this Agreement, the City may, by written directive approved and
executed by the City Manager, adjust the fees included in the Hourly Billing Rate Schedule in Schedule "C"
hereto, to reflect the change in the Consumer Price lndex (CPl) on a year to year basis. Such adjustment will
be based on the cumulative change of the CPI for the Miami urban area, provided that in no event shall any
the annual increase exceed three percent (3%).
7.6 No retainage shall be made from the Consultant's compensation on account of sums withheld by the City
on payments to Contractor.
7.7 METHOD OF BILLING AND PAYMENT. Consultant shall invoice the Project Coordinator in a timely
manner, but no more than once on a monthly basis. lnvoices shall identify the nature and extent of the work
performed; the total hours of work performed by employee category; and the respective hourly billing rate
associated therewith. ln the event sub-consultant work is used, the percentage of completion shall be
identified. lnvoices shall also itemize and summarize any Additional Services and/or Reimbursable
Expenses. A copy of the written approval of the Project Coordinator for the requested Additional Service(s) or
Reimbursable Expense(s) shall accompany the invoice.
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7 .7.1 lf requested, Consultant shall provide back-up for past and current invoices that records hours
for all work (by employee category), and cost itemizations for Reimbursable Expenses (by category).
7.7.2 The City shall pay Consultant within forty-five (45) calendar days from receipt and approval of
an acceptable invoice by the Project Coordinator.
7.7.3 Upon completion of the Services, Consultant's final payment shall require the prior written
approval of the City Manager before disbursement of same.
ARTICLE 8. CONSULTANT'S ACCOUNTING AND OTHER RECORDS
8.1 All books, records (whether financial or othenvise), correspondence, technical documents, and any
other records or documents related to the Services and/or Project will be available for examination and audit
by the City Manager, or his/her authorized representatives, at Consultant's office (at the address designated
in Article 15 ["Notices"]), during customary business hours. All such records shall be kept at least for a period
of three (3) years after Consultant's completion of the Services. lncomplete or incorrect entries in such
records and accounts relating personnel services and expenses may be grounds for City's disallowance of
any fees or expenses based upon such entries. Consultant shall also bind its sub-consultants to the
requirements of this Article and ensure compliance therewith
ARTICLE 9. OWNERSHIP OF PROJECT DOCUMENTS
9.1 All notes, correspondence, documents, plans and specifications, designs, drawings, renderings,
calculations, specifications, models, photographs, reports, surveys, investigations, and any other documents
(whether completed or partially completed) and copyrights thereto for Services performed or produced in the
performance of this Agreement, or related to the Project, whether in paper or other hard copy medium or in
electronic medium, except with respect to copyrighted standard details and designs owned by the Consultant
or owned by a third party and licensed to the Consultant for use and reproduction, shall become the property
of the City. Consultant shall deliver all such documents to the Project Coordinator within thirty (30) days of
completion of the Services (or within thirty (30) days of expiration or earlier termination of this Agreement as
the case may be). However, the City may grant an exclusive license of the copyright to the Consultant for
reusing and reproducing copyrighted materials or portions thereof as authorized by the City Manager in
advance and in writing. ln addition, the Consultant shall not disclose, release, or make available any
document to any third party without prior written approval from the City Manager. The Consultant shall
warrant to the City that it has been granted a license to use and reproduce any standard details and designs
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owned by a third party and used or reproduced by the Consultant in the performance of this Agreement.
Nothing contained herein shall be deemed to exclude any document from Chapter 1 19, Florida Statutes.
9.2 The Consultant is permitted to reproduce copyrighted material described above subject to prior written
approval of the City Manager.
9.3 At the City's option, the Consultant may be authorized, as an Additional Service, to adapt copyrighted
material for additional or other work for the City; however, payment to the Consultant for such adaptations will
be limited to an amount not greater than 50% of the original fee earned to adapt the original copyrighted
material to a new site.
9.4 The City shall have the right to modify the Project or any components thereof without permission from
the Consultant or without any additional compensation to the Consultant. The Consultant shall be released
from any liability resulting from such modification.
9.5 The Consultant shall bind all sub-consultants to the Agreement requirements for re-use of plans and
specifications.
ARTICLE 10. TERMINATION OF AGREEMENT
10.1 TERMINATION FOR LACK OF FUNDS: The City is a governmental entity and is subject to the
appropriation of funds by its legislative body in an amount sufficient to allow continuation of its performance in
accordance with the terms and conditions of this Agreement. ln the event there is a lack of adequate funding,
either for the Services or the Project (or both), the City may terminate this Agreement without further liability to
the City.
10.2 TERMINATION FOR CAUSE: The City, through the City Manager, may terminate this Agreement for
cause, upon written notice to Consultant, in the event that the Consultant (1) violates any provision of this
Agreement or performs same in bad faith; (2) unreasonably delays the performance of the Services or any
portion thereof; or (3) does not perform the Services or any portion thereof in a timely and satisfactory
manner. ln the case of termination for cause by the City, the Consultant shall first be granted a thirty (30) day
cure period (commencing upon receipt of the initial written notice of default from the City).
10.2.1 ln the event this Agreement is terminated for cause by the City, the City, at its sole option and
discretion, may take over the remaining Services and complete them by contracting with another
Consultant(s), or othenruise. The Consultant shall be liable to the City for any additional cost(s) incurred
by the City due to such termination. "Additional Cost" is defined as the difference between the actual
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cost of completion of the Services, and the cost of completion of such Services had the Agreement not
been terminated.
10.2.2 ln the event of termination for cause by the City, the City shall only be obligated to pay
Consultant for those Services satisfactorily performed and accepted prior to the date of termination (as
such date is set forth in, or can be calculated from, the City's initial written default notice). Upon
payment of any amount which may be due to Consultant pursuant to this subsection 10.2.2, the City
shall have no further liability to Consultant.
10.2.3 As a condition precedent to release of any payment which may be due to Consultant under
subsection 10.2.2, the Consultant shall promptly assemble and deliver to the Project Coordinator any
and all Project documents prepared (or caused to be prepared) by Consultant(including, without
limitation, those referenced in subsection 9.1 hereof). The City shall not be responsible for any cost
incurred by Consultant for assembly, copy, and/or delivery of Project documents pursuant to this
subsection.
10.3 TERMINATION FOR CONVENIENCE: ln addition to the City's right to terminate for cause, the City
through the City Manager, may also terminate this Agreement, upon fourteen (14) days prior written notice to
Consultant, for convenience, without cause, and without penalty, when (in its sole discretion) it deems such
termination to be in the best interest of the City. ln the event the City terminates the Agreement for
convenience, Consultant shall be compensated for all Services satisfactorily performed and accepted up to
the termination date (as set forth in the City's written notice), and for Consultant's costs in assembly and
delivery to the Project Coordinator of the Project documents (referenced in subsection 10.2.3 above). Upon
payment of any amount which may be due to Consultant pursuant this subsection 10.3, the City shall have no
further liability to Consultant.
10.4 TERMINATION BY CONSULTANT: The Consultant may only terminate this Agreement for cause,
upon thirty (30) days prior written notice to the City, in the event that the City willfully violates any provisions of
this Agreement or unreasonably delays payment of the Services or any portion thereof. ln the event of a
termination for cause by Consultant, the City shall pay Consultant for any Services satisfactorily performed
and accepted up to the date of termination; provided, however, that the City shall first be granted a thirty (30)
day cure period (commencing upon receipt of Consultant's initial written notice).
10.4.1 The Consultant shall have no right to terminate this Agreement for convenience.
10.5 IMPLEMENTATION OF TERMINATION: ln the event of termination (whether for cause or for
convenience), the Consultant shall immediately, upon receipt of the City's written notice of termination: (1)
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stop the performance of Services; (2) place no further orders or issue any other subcontracts, except for those
which may have already been approved, in writing, by the Project Coordinator; (3) terminate all existing orders
and subcontracts; and (4) promptly assemble all Project documents (for delivery to the Project Coordinator).
ARTICLE 11. INSURANCE
11.1 At all times during the Term of this Agreement, Consultant shall maintain the following required
insurance coverage in full force and effect. The Consultant shall not commence any work until satisfactory
proof of all required insurance coverage has been furnished to the Project Coordinator:
(a) Professional Liability lnsurance, in the amount of [ENTER AMOUNT], per claim, with a
maximum deductible of [ENTER AMOUNT] per claim, $450,000 aggregate. Consultant shall notify the
Project Coordinator, in writing, within thirty (30) days of any claims filed or made against its
Professional Liability I nsurance policy.
(b) Comprehensive General Liability lnsurance, in the amount of [ENTER AMOUNT], Single Limit
Bodily lnjury and Property Damage coverage, for each occurrence, which shall include products,
completed operations, and contractual liability coverage. The City of Miami Beach, Florida must be
named as an additional insured on this policy.
(c) Worker's Compensation and Employer's Liability coverage within the statutory limits required
Florida law.
under
11.2 The Consultant must give the Project Coordinator at least thirty (30) days prior written notice of
cancellation or of substantial modifications in any required insurance coverage. All certificates and
endorsements shall contain this requirement.
11.3 The insurance must be furnished by an insurance company rated B+:Vl or better, or its equivalent,
according to Bests' Guide Rating Book, and by insurance companies duly authorized to do business in the
State of Florida, and countersigned by the company's Florida resident agent.
11.4 Consultant shall provide the Project Coordinator with a certificate of insurance of all required insurance
policies. The City reserves the right to require a certified copy of such policies, upon written request to
Consultant.
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ARTICLE 12. !NDEMNIFICATION AND HOLD HARMLESS
12.1 Pursuant to Section 725.08, Florida Statutes, the Consultant shall indemnify and hold harmless the
City and its officers, employees, agents, and instrumentalities, from liabilities, damages, losses, and costs,
including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness,
or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant
in the performance of this Agreement.
The Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits, or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Consultant
expressly understands and agrees that any insurance protection required by this Agreement or otherurise
provided by Consultant shall in no way limit its responsibility to indemnify, keep, and save harmless and
defend the City or its officers, employees, agents, and instrumentalities as herein provided.
12.2 The Consultant agrees and recognizes that the City shall not be held liable or responsible for any
claims which may result from any negligent, reckless, or intentionally wrongful actions, errors or omissions of
the Consultant in which the City participated either through review or concurrence of the Consultant's actions.
ln reviewing, approving or rejecting any submissions by the Contractor, or other acts of the Consultant, the
City in no way assumes or shares any responsibility or liability of the Consultant (including, without limitation
its sub-consultants and/or any registered professionals (architects and/or engineers) under this Agreement).
ARTICLE 13. ERRORS AND OMISSIONS
13.1 ERRORS AND OMISSIONS: lt is specifically agreed that any construction changes categorized by
the City as caused by an error, an omission, or any combination thereof in the Contract Documents that were
prepared by the Consultant will constitute an additional cost to the City that would not have been incurred
without the error. The damages to the City for errors, omissions or any combinations thereof shall be
calculated as the total cost of any damages or incremental costs to the City resulting out of the errors or
omissions by the Consultant.
Damages shall include delay damages caused by the error, omission, or any combination thereof. Should the
Consultant disagree that all or part of such damages are the result of errors, omissions, or any combination
thereof, the Consultant may appeal this determination, in writing, to the City's Capital lmprovement Projects
Director (the Director). The Director's decision on all claims, questions and disputes shall be final, conclusive
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and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable. ln the
event that the Consultant does not agree with the decision of the Director, the Consultant shall present any
such objections, in writing, to the City Manager. The Director and the Consultant shall abide by the decision
of the City Manager. This paragraph does not constitute a waiver of any party's right to proceed in a court of
competent jurisdiction after the above administrative remedies have been exhausted.
ARTICLE 14. LIMITATION OF LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit on its liability for any
cause of action for money damages due to an alleged breach by the City of this Agreement, so that its liability
for any such breach never exceeds the "not to exceed" amount of the fee paid to Consultant under this
Agreement, less any amount(s) actually paid to Consultant hereunder. Consultant hereby expresses its
willingness to enter into this Agreement, with Consultant's recovery from the City for any damages for action
for breach of contract to be limited to Consultant's "not to exceed" fee under this Agreement, less any
amount(s) actually paid by the City to the Consultant hereunder.
Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees
that the City shall not be liable to Consultant for money damages due to an alleged breach by the City of this
Agreement, in an amount in excess of the "not to exceed amount" of Consultant's fees under this Agreement,
which amount shall be reduced by any amount(s) actually paid by the City to Consultant hereunder.
Nothing contained in this subsection, or elsewhere in this Agreement, is in any way intended to be a waiver of
the limitation placed upon City's liability, as set forth in Section 768.28, Florida Statutes.
ARTICLE 15. NOTICE
All written notices given to City by Consultant shall be addressed to:
City Manager's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn:City Manager
With a copy to:
Procu rement Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attn: Alex Denis, Director
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All written notices given to the Consultant from the City shall be addressed to:
[ENTER CONSULTANT NAME AND ADDRESS]
All notices mailed to either party shall be deemed to be sufficiently transmitted if sent by certified mail, return
receipt requested.
ARTICLE 1 6. MISCELLANEOUS PROVISIONS
16.1 VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of
the State of Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County, Florida, if in state
court, and the U.S. District Court, Southern District of Florida, in Federal Court. BY ENTERING INTO THIS
AGREEMENT, CONSULTANT AND CITY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE
TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS
AGREEMENT.
16.2 EQUAL OPPORTUNITY EMPLOYMENT GOALS: Consultant agrees that it will not discriminate
against any employee or applicant for employment for work under this Agreement because of race, color,
national origin, religion, sex, gender identity, sexual orientation, disability, marital or familial status, or age,
and will take affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, national origin, religion, sex, gender identity, sexual orientation,
disability, marital or familial status, or age.
16.3 PUBLIC ENTITY CRIMES ACT: ln accordance with the Public Entity Crimes Act (Section287.133,
Florida Statutes), a person or affiliate who is a Consultant, who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to the City, may not submit a bid on a contract with the City for the construction or repair of a public
building or public work, may not bid on leases of real property to the City, may not be awarded or perform
work as a contractor, supplier, subcontractor, or sub-consultant under a contract with the City, and may not
transact business with the City in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor
list. For violation of this subsection by Consultant, City shall have the right to terminate the Agreement
without any liability to City, and pursue debarment of Consultant
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16.4 NO CONTINGENT FEE: Consultant warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for Consultant, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm,
other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of this subsection, City shall have the right to terminate the Agreement, without any
liability or, at its discretion, to deduct from the contract price (or othenvise recover) the full amount of such
fee, commission, percentage, gift, or consideration.
16.5 LAWS AND REGULATIONS:
16.5.1.The Consultant shall, during the Term of this Agreement, be governed by Federal, State, Miami-Dade
County, and City laws, ordinances, and codes which may have a bearing on the Services involved in the
Project.
16.5.2... Proiect Documents. ln accordance with Section 119.07 (3) (ee), Florida Statutes, entitled
"lnspection, Examination, and Duplication of Records; Exemptions," all building plans, blueprints,
schematic drawings, and diagrams, including draft, preliminary, and final formats, are exempt from the
provisions of Section 119.07(1), Florida Statutes (inspection and copying of public records), and s.
24(a), Article lof the State Constitution. lnformation made exempt bythis paragraph, with priorwritten
approval from the City Manager, may be disclosed to another entity to perform its duties and
responsibilities; to a licensed architect, engineer, or contractor who is performing work on or related to
the Project; or upon a showing of good cause before a court of competent jurisdiction. The entities or
persons receiving such information shall maintain the exempt status of the information.
16.5.2.1 ln addition to the requirements in this subsection 16.5.2, the Consultant agrees to abide by all
applicable Federal, State, and City procedures, as may be amended from time to time, by which
the documents are handled, copied, and distributed which may include, but is not limited to,
each employee of Consultant and sub-consultants that will be involved in the Project being
required to sign an agreement stating that they will not copy, duplicate, or distribute the
documents unless authorized by the City Manager, in writing.
16.5.2.2The Consultant and its sub-consultants agree in writing that the Prolect documents are to be
kept and maintained in a secure location.
16.5.2.3Each set of the Project documents are to be numbered and the whereabouts of the documents
shall be tracked at all times.
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16.5.2.4A log is developed to track each set of documents logging in the date, time, and name of the
individual(s) that work on or view the documents.
16.6 CORRECTIONS TO CONTRACT DOCUMENTS: The Consultant shall prepare, without added
compensation, all necessary supplemental documents to correct errors, omissions, and/or ambiguities which
may exist in these Contract Documents prepared by Consultant, including documents prepared by its sub-
consultants. Compliance with this subsection shall not be construed to relieve the Consultant from any
liability resulting from any such errors, omissions, and/or ambiguities in the Contract Documents and other
documents or Services related thereto.
16.7 WARRANTY: The Consultant warrants that the Services furnished to the City under this Agreement
shall conform to the quality expected of and usually provided by the profession in the State of Florida
applicable to the design and construction of public and commercial facilities.
16.8 NON-EXCLUSIVIW: Notwithstanding any provision of this non-exclusive Agreement, the City is not
precluded from retaining or utilizing any other architect, engineer, design professional or other Consultant to
perform any incidental Basic Services, Additional Services, or other professional services within the contract
limits defined in the Agreement. The Consultant shall have no claim against the City as a result of the City
electing to retain or utilize such other architect, engineer, design professional, or other Consultant to perform
any such incidental Services.
16.9 ASSIGNMENT: The Consultant shall not assign, transfer or convey this Agreement to any other
person, firm, association or corporation, in whole or in part, without the prior written consent of the City
Commission, which consent, if given at all, shall be at the Commission's sole option and discretion. However,
the Consultant will be permitted to cause portions of the Services to be performed by sub-consultants, subject
to the prior written approval of the City Manager.
16.10 SUCCESSORS AND ASSIGNS: The Consultant and the City each binds himself/herself, his/her
partners, successors, legal representatives and assigns to the other party of the Agreement and to the
partners, successors, legal representatives, and assigns of such party in respect to all covenants of this
Agreement. The Consultant shall afford the City (through the City Commission) the opportunity to approve or
reject all proposed assignees, successors or other changes in the ownership structure and composition of the
Consultant. Failure to do so constitutes a breach of this Agreement by the Consultant.
16.11 PROVISION OF ITEMS NECESSARY TO COMPLETE SERVICES: ln the performance of the
Services prescribed herein, it shall be the responsibility of the Consultant to provide all salaries, wages,
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materials, equipment, sub-consultants, and other purchased services, etc., as necessary to complete said
Services.
16,12 INTENT OF AGREEMENT:
16.12.1 The intent of the Agreement is for the Consultant to provide design services, and to
include all necessary items for the proper completion of such services for a fully functional Project
which, when constructed in accordance with the design, will be able to be used by the City for its
intended purpose. The Consultant shall perform, as Basic Services, such incidental work which may
not be specifically referenced, as necessary to complete the Project.
16.12.2 This Agreement is for the benefit of the parties only and it does not grant rights to a
third party beneficiary, to any person, nor does it authorize anyone not a party to the Agreement to
maintain a suit for personal injuries, professional liability, or property damage pursuant to the terms or
provisions of the Agreement.
16.12.3 No acceptance, order, payment, or certificate of or by the City, or its employees or
agents, shall either stop the City from asserting any rights or operate as a waiver of any provisions
hereof or of any power or right herein reserved to the City or of any rights to damages herein provided.
16.13 This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein; and the parties agree that there
are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are
not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements whether oral or written. lt is further agreed that
no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless
memorialized in written document approval and executed with the same formality and of equal dignity
herewith.
[REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
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lN WITNESS WHEREOF, the parties hereto have hereunto caused these presents to be signed in their
names by their duly authorized officers and principals, attested by their respective witnesses and City Clerk
on the day and year first hereinabove written.
Attest CITY OF MIAMI BEACH:
CITY CLERK MAYOR
CONSULTANT: [ENTER CONSULTANT NAME]
Attest
Signature/Secretary Signature/President
Print Name Print Name
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SCHEDULE A
SCOPE OF SERVICES
AGREEMENT BETWEEN
THE C|TY OF MrAMr BEACH & [ENTER CONSULTANT NAME]
CONSTRUCTABILIry, COST, AND VALUE ENGINEERING REVIEW SEVICES
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SCHEDULE B
CONSULTANT COMPENSATION
AGREEMENT BETWEEN
THE CITY OF MtAMr BEACH & [ENTER CONSULTANT NAMEI
CONSTRUGTABILIW, COST, AND VALUE ENGINEERING REVIEW SEVICES
Project Name and No:
Scope of Services:
Fee for this Service Order:
Note: These services will be paid lump sum based on percentage of work complete as identified in the
Gonsultant Service Order.
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SCHEDULE C
HOURLY BILLING RATE SCHEDULE
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SCHEDULE D
COSTRUCTION COST BUDGET
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SCHEDULE E
PROJECT SCHEDULE
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SCHEDULE F
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
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SCHEDULE G
INSURANCE REQUIREMENTS AND SWORN AFFIDAVITS.
SEE ATTACHED
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SCHEDULE H
BEST VALUE AMENDMENT
The Consultant agrees to abide by all the required documentation of the City's Performance lnformation
Procurement System and submit the weekly reports.
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c4
COMMISSION GOMMITTEE
ASSIGNMENTS
105
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
CO ISSION MEMORANDUM
SUBIECT: REFERRAL TO THE PLANNI BOARD ORDINANCE AMENDMENT
AND REQUIREMENTS FORPERTAINING TO ADDITIONAL RESTRICTIONS
SINGLE FAMILY LOT SPLIT APPLICATIONS
ADMI N ISTRATION RECOMM EN DATION
Refer the proposed Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND / ANALYSIS
On February 11,2015, the City Commission (ltem C4G), at the request of Comm. Joy Malakoff,
referred a discussion item to the Land Use and Development Committee (LUDC) regarding
proposed amendments to the City Code pertaining to additional restrictions and requirements for
single family lot split applications.
On April 8,2015, the Land Use Committee discussed the item and recommended that the attached
Ordinance Amendment be referred to the Planning Board. Additionally, the Land Use Committee
recommended that the application fee for certain types of Lot Split applications be increased to
between $5,000.00 and $10,000.00, with appropriate exceptions.
CONCLUSION
ln accordance with the April 8, 2015 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board, with further instruction to adjust the lot split
:il#fih
in accordance with the direction of the committee.
T:IAGENDA\201S\May\Referral to Planning Board - SF Lot Split Amendments MEMO.docx
Agenda ttem C {A
Date S_6_/S
TO:Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
the City Co
FROM:
DATE:
106
SINGLE FAMILY HOME DEVELOPMENT REGULATIONS FOR LOT
SPLITS
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY
OF MTAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS,'' DIVISION 2, "RS.l, RS.2, RS.3, RS.4 SINGLE.FAMILY
RESIDENTIAL DISTRICTS," BY AMENDING THE MAXIMUM UNIT SIZE
AND LOT COVERAGE FOR ALL HOMES ON LOTS RESULTING FROM ALOT SPLIT; PROVIDING FOR REPEALER; CODIFIGATION;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the Single Family
Home development regulations; and
WHEREAS, it is appropriate for the City to amend the regulations for homes on lots
resulting from a lot split in order to ensure compatibility with existing neighborhood
character; 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
of _ recommended in favor of the Ordinance; and
by a vote
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 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.
107
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
**
(9)Lof spif. All new construction for homes on lots resulting from a lot split application
approved by the Planning Board shall be subject to the review and approval of the
design review board (DRB) or historic preservation board (HPB), as applicable. The
maximum lot coveraqe for a new home on all newlv created lots shall not exceed
25% of the lot area and the maximum unit size shall not exceed 40% of the lot area,
or such lesser number, as determined bv the Planninq Board. inlhe_Iollowing
rnstances-
t. Wnen tne new tots
lotsi-or
Z. Wnen tne lot nein
home, that is orooosed to be demolished.
This limitation sha
heme, eenstrueted .
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
2
CITY CLERK
108
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: ,2015
Second Reading: ,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+i*e+nrcugh denotes deleted language
T:\AGENDA\20'1S\May\Referral to Planning Board - SF Lot Split Amendments ORD.docx
3109
r
-
. --i,
=.:.
lit5.:2dt9
/\.41A1,,,\rBIACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
the Plonning Boord to modiFy Section 142-108 of the Lond Development
Regulotions in order to eliminote ony conflict with the Florido Building
Code.
Pleose ploce the obove item on the Moy 6,2015 City Commission ogendo.
Attoched is o copy of the proposed ordinonce.
lf you hove ony questions, pleose contoct me ot extension 6622,
JWVM
We orc ammiited lo providing excelbttt public senice ond sabry to all who live, work, and play h our vibrortt, tropical, hisloric conmunity
Jimmy L. Moroles, City Monoger
fI I rY, #Jr
Ji;n"Iilii:ri1:^Ytur'; 4q 4/'
Referrql of on Ordinonce to fie Lond Use ond D"r/op."nt Committee ond
Agenda ttem C/8
Date {-G -/ {110
DEMOLITION PROCEDURES FOR PRE.{942 SF HOMES
oRD|NANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS (LDR's) OF
THE CITY CODE, By AMEND|NG CHAPTER 142, l,ZONtNc DISTRTCTS AND
REGULATIONS," ARTTCLE ll, "DISTRICT REGULATIONS," D|VISION 2, ',RS.l, RS.2,
RS.3, RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS,' $ECTION 142.108,
"PROVISION8 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 PRIOR TO THE
ISSUANOE OF A FULL BUILDING PERMIT FOR ARCHITECTURALLY SIGNIFICANT
PRE-{942 SINGLE FAMILY HOMES; PROVIDING FOR CODIFIGATION; 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 Gity; and
buildingbe da on a site,
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, the Planning Board, at its meeting dated_, 2015, by a vote of
_, recommended in favor of the Ordinance; and
WHEREAS, the amendments sat forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
sEcTtoN 1.
That Chapter l42, "Zoung Districts and Regulations," Afiicle II, "Distict Regulations,'' Division 2,
"Single Family Residential Disfticts," of the Land Development Regulations of the Code of the City
111
(0
ofMiami Beaoh, Irlorida is hereby amended as follows:
DIVISION 2. RS.{, RS.2, RS.3, RS.4 SINGLE.FAMILY RESIDENTIAL DISTRICTS
Sec. {42-{08. - Provieions for the demolition of single-family homes located outside
of historic districts.
lssuance of demolition permits for architecturally significant homes.
(1) Emeryency 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.
(4. A demolition permit for the total demolition of an Architecturallv significant
g[pgle-family home constructed orior to 1942, shall not be jgsued unleqs a*ll
ins
criteria are satisfied:
a the issuance of a building_p€LndL@
construction;
h" the building_permit appliealion_and_all_required plAnler$eJew
construction shall be reviewed and approved by_lic_flannmg
Depedment;
c. all applicable fees for the new construction shall be paidjncluqing
but .not limited to,_ lUjlding_rermi!-_antl-nlpactleeg. €s=tuelt_as
aBplisablilqlgurcnev and pa$iag rmp€glfeeg;
d. A tree survey. if required. shall be submitted and, a repleggtrg!
glan jltgeluired,@oproyed bylheGreenspace
L4enagementllvlsjgtr;
e. all deb[s associated with the demolition of the structure shall be re-
qtglee[. in accordance with the applicable requirements of the Florida
Building Code.
SECTION 2.REPEALER
All ordinances or parts of ordinances and all section and parts of sections ln 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.
112
SECTION 4. SEVERABILITY
[.gny-S!ign, subsection, clau provision of this Ordinance ls hetd invalid,
the remainder shall not be affected by such invalidity.
sEcTroN 5. EFFEqIVE 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
APPROVEDAS TO
FORM AND
LANGUAGE
& FOR EXECUTION
113
City Attorney Date
First Reading: , 2015
Second Reading: ,2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
Stritetnreugh denotes deleted language
[Sponsored by Commissioner Malakofil
T:\AGENDAUOI5Way\Refunal to PB - Pro 1942 SF Homo Demolilion Requirements oRD.docx
2
114
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115
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: Ed Tobin, Commissioner
DATE: April2gth, 2015
SUBJECT: Agenda item for May 6th ,2015 City Commission Meeting
Please ptace on the May 6th ,z}1lAgenda for City Commission Meeting a refenal to the
Neighborhoods and Community Affairs Committee a discussion regarding children who
attend Miami Beach Public Schools getting discounts in Miami Beach Parks and Recreation
Programs.
lf you have any questions please do not hesitate to call our office.
Best Regards,
Dessiree Kane
on behalf of Commissioner Ed Tobin
We ot'e comnitted to providiag excdlenl public service and nfety n ol! whc i;ve, ',so*, ond ploy in ovr vibrani ttcpical, hislodc coi'anunif/
Agenda ltem C?C
Date J-6-(f116
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117
r " **;t-r.-,.-r
1-tt!-!!-
-k#;,.ff ti{5:*$t5ffi
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Joy V. W. Molokoff, Commissioner
DATE: April 29, 20.15 "V {r
SUBjECT: CD3 Height Regulotions for Porking Goroges in the Miqmi Beoch
Architecturol Dishict for Referrol to the Plonning Boord
Pleose ploce fhe obove item on the Moy 6,2015 City Commission ogendo.
Attoched is o copy of the proposed omendments.
lf you hove ony questions, pleose conlocl me of extension 6622.
JWVM
We ore connitted tct providinSs excellenl public sewice oncl sofety to oll who live, woil, oncl play in out vibpnl, ttopicol, hlstaic community.
Agenda ltem CVD
Date {-G/{118
Sec. 142-337. - Development regulations and area requirements.
(a) The developrnent regulations in the CD-3 commercial, high intensity district are as follows:
(1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than 45,000 sq.
ft.-2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0.
(2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of
2.0.
(3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and
between 16th Street and 'l7th Street shall have a maximum FAR of 2.75.
(4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14,
1998), are oceanfront lots with a lot area greaterthan 100,000 sq. ft. with an existing building,
shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole
purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 sq. ft.
(b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the
architectural district shall be 2.50.
(c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high
intensity district are as follows:
Minimum
Lot Area
(Square Feet)
Minimum
Lot Width
(Feet)
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Maximum
Building
Height
(Feet)
Maximum
Number
of Stories
Commercial-
None
Residential-
7,OOO
Commercial-
None
Residential-
50
Commercial-
N/A
New
construction-
5s0
Rehabilitated
buildings-400
Non-elderly and
elderly low and
moderate
income housing:
See section 142-
1183
Hotel unit:
15%:300-335
85%:335+
For contributing
hotel structures,
located within a
local historic
Commercial-
N/A
New
construction-
800
Reha bilitated
buildings-550
Non-elderly
and elderly
low and
moderate
income
housing: See
section 142-
1183
Hotel units-
N/,q
Oceanfront lots -
75
€'€e€€fr€"a+
+e+sQgeanfront!
lots within the
architectural
district -200
€|€e€n{r€int+*s
within the
o#€hit€€tr*Hldist.,
new
construction-
pq
ground floor
additions to
existing structures
on oceanfront
lots-50
Lots frontine on
1
Oceanfront lots-
D-7
Oceanfront lots
within the
architectural dist.,
22
new
construction-i.3;
ground floor
additions to
existing structures
on oceanfront
lots-5
+
Lots fronting on
17th Street_;_1
5
Non-oceanfront
Page L
119
lots within the
architectural dist'
Notwithstandins
lots fronting on
James Avenue'
bounded bv rzth
Street to the
North and Lincoln
Road to the South'
the Historic
Preservation
Board shall have
discretion to allow
up to seven (7)
stories for those
proPerties that
minimum of five
(5) stories of
a minimum of 250
spaces must be
unencumbered bv
anv use atthe
propertv,.
CitY Center Area
(bounded bY
DrexelAve',16th
St., Collins Ave',
the south
property line of
lots fronting on
the south side of
Lincoln Rd',
Washington Ave',
and Lincoln Rd'):
!! subject to the
t€t€*ontiff€€{+
Non-oceanfront
lots within the
district - 50
Non-€€eafffren+
le+€r#ithi++he
+r€h*edrrral.dis'h
lse
Notwithstanding
tlots frontine on
James Avenue,
.
bounded bv tTth
Street to the
North and Lincoln
Road to the South'
Preservation
Board shall have
discretion to allow
up to 75 feet in
oarkine. of which
spaces must be
anv use at the
proPertv.
CitY Center Area
(bounded bY
DrexelAve.,l6th
St., Collins Ave',
a minimum of 250
district or a
national register
district, which
are being
renovated in
accordance with
the Secretary of
the lnterior
Standards and
Guidelines for
the
Rehabilitation of
Historic
Structures as
amended,
retaining the
existing room
configuration
shallbe
permitted,
provided all
rooms are a
minimum of 200
square feet'
AdditionaltY,
existing room
configurations
for the above
described hotel
structures maY
be modified to
provided the
200 square feet
minimum unit
Page 2
120
maintained.the south
property line of
lots fronting on
the south side of
Lincoln Rd.,
Washington Rd.,
and Lincoln Rd.);
!Q$ except the
height for lots
fronting on
Lincoln Rd. and
16th St. between
Drexel and
Washington are
limited to 50'for
the first 50' of lot
depth; and except
the height for lots
fronting on Drexel
Avenue are
Iimited to 50'for
the first 25' of lot
depth (except as
provided in
section t42-1,1,6L
applicable height
restrictions
(except as
provided in
section 742-1,167
(Ord. No.89-2665, S6-8(AX1), (B), eff. 10-1-89; Ord. No.90-2722,eff.11-21-90; Ord. No.92-2778,
eff.3-28-92; Ord. No.92-2784,ef|.6-28-92; Ord. No.94-2949, eff. 10-15-94; Ord. No.94-2954,eff.
11-30-94;Ord. No.96-3050, S 2,7-17-96;Ord. No. 97-3097, $2, 10-8-97; Ord. No.98-3107, S 1, 1-
21-98', Ord. No. 3149, S 1, 11-4-98; Ord. No. 98-3150, S 1, 11-4-98;Ord. No.2005-3483, $ 7, 5-18-
05; Ord. No. 2011-3744, S 9, 10-19-11; Ord. No. 2014-3851, S 2, 4-23-14)
Page 3
121
g MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMISSJON MEMORANDUM
TO:Mayor Philip Levine and Members of/|he City Qommission
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: REFERRAL TO THE FINANCE A D CITYWIDE PROJECTS COMMITTEE -
PARKING METER COLLEGTION EES - SP PLUS REQUEST
BACKGROUND
Parking meter collections services are necessary in orderto operate the City's parking meter
plant. Under the existing Agreement, SP Plus, a division of Standard Parking Corporation,
has provided parking meter collection services to the City's Parking System since May 11,
2011.
On January 14,2015, the Mayor and Commission directed the Administration to issue a
Request for Proposals (RFP) for Parking Meter Collection Services for the City's Parking
System and extended the existing Agreement on a month-to-month basis, untilan award is
approved. i
ANALYSIS:
SP Plus has submitted a request (see attached) to increase parking meter collection fees.
CONCLUSION
The Administration is seeking direction from the Finance and Citywide Projects Committee
regarding this request.
a_
,r*,rrffirff
T:\AGENDA\2015\May062015\ReferralFCWPCSPPlusMeterCollectionFees.cme.doc
Agenda ltem C ?t
Da:re <16-/f122
+\Sto<-/MUNICIPAL SERVICES
AprilS, 2015
Mr. Saul Frances
Parking Director
City of Miami Beach Parking Department
1755 Meridian Avenue, Suite 200
Miami Beach, Fl. 33139
Ref: Meter collection rate increase request
Dear Saul,
As we've discussed in numerous meetings, we are hereby requesting an increase to our current
per meter collection fees due to the decrease in the monthly collections requested by the City.
Our adjusted per meter collection rate is $1.35 per single space meter and $13.50 per multi-
space meters. The increase in our rate will assist us in paying our fixed operational and
overhead costs.
Our justification for our requested adjustment is based on the decrease in the projected number
of monthly collections that were disclosed in the original RFP (RFP 43- 10111) document issued
in 2012 by the City which we used to develop our per meter collection rate. Those original
projections have been substantially decreased as a result of the City's pay-by-phone initiative.
It's our intent to continue to be the City's partner for parking related services during the current
RFP process. Feel free to contact me should you have any questions or concerns.
Sincerely,
;' t['rtl-+-\_ .t^L--
Chester Escobar
Regional Manager, South Florida
SP Plus Corp.
INNOVATION OPERATION
123
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: April 29, 2015
SUBJECT: A Referralto the Land Use and Development Committee and Sustainability and
Resiliency Committee regarding the discussion of AECOM's Progress on the Development
of the City's Comprehensive Resiliency Program
Please place on the May 6th City Commission Meeting Agenda a Referral to the Land Use
and Development Committee And Sustainability And Resiliency Committee regarding the
discussion of AECOM's progress on the development of the City's Comprehensive
Resiliency Program.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We are crsmmiffeci to provtcling excelient public servtce ond sofefy to oll who iive, work, ond ploy in our vibront, froprcol, Ar+on-3" ifJ; C ?F'.,-'--;;;e *677124
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125
E MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO. Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: April 29, 2015
SUBJECT: A Referralto the Sustainability and Resiliency Committee regarding the
endorsement of the Floridians for Solar Choice ballot initiative
Please place on the May 6th City Commission Meeting Agenda a Referral to the
Sustainability and Resiliency Committee regarding the endorsement of the Floridians for
Solar Choice ballot initiative.
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 sevice and safety to all who live, work, and ptay in our vibrant, f.pL Agenda ttgm C f G
Date *6-/ {126
Floridians for
Solar Choice
Floridians for Solar Choice Endorsement Form
Thank you for endorsing the Floridians for Solar Choice ballot petition initiative - giving
Floridians a voice and choice on energy in the Sunshine State. ln order to confirm that you have
endorsed the Floridians for Solar Choice ballot initiative, please complete the information
below. Your name and unit of government, as they appear below, will be listed on the
Endorsement page of the Floridians for Solar Choice website. Thank you for putting your name
behind solar choice in Florida!
Please email completed form to endorse@flsolarchoice.orq.
Your nome ond title or role:
Unit of government:
Your email oddress:
127
g MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: April 30, 2015
SUBJECT: Agenda item for the May 6,2015 City Commission Meeting
Please add to the May 6,2015 City Commission agenda a referral to the Land Use and
Development 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
MtAh4tffiffiesw
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 committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic
community.
We ore commiffed to proviCing excellenl public service and soienT b oll who iive, work, ond ploy in our vtbront', lropicol, historic communilY.
Agenda ltem
Date128
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129
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April 30, 2015
MEMORANDUM
Re: Commission Consent Agendq ltem - Referrql ltem - lncreqse Mqximum
Allowqble Building Heighr on Wesr Side of Alron Roqd
Pleose ploce on the Moy 6, 2O15 City Commission Consent Agendo:
A referrol to the Lond Use ond Development Committee concerning increosing the moximum
ollowoble building height on the West side of Alton Rood between 5th Street ond 'lZth
Street.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore commiited to providing exceilent public sen-ice ond sofety to oll vtho live, work, ond ptoy in our vibronf , tropicol, hi",frr#I;Ti",,., C qr
Date 9-6'lf130
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131
ff** *,er--:l|ryIrrry.
:-*"ffi- li:l:tlrl
,'ri,r , L.i;/,r".Lij : :l.,,'-"ii';r ii :L]L.F.t\* $ t
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
TO: Jimmy L. Moroles, City Monoger
FROM: Deede Weithorn, Commissioner
DATE: April 30, 2015
SUBJECT: Commission Consent Agendo - Referrol of ordinonces to Lond Use ond
Development Committee
Pleose ploce on the Moy 6, 2015 City Commission consent ogendo:
A referrol item to the Moy 27,2015 LUDC meeting to review the following ordinonces:
Number One:
Signage Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CITY CODE CHAPTER ]-38, "SIGNS," AT ARTICLE V, "SIGN
REGULATIONS BY DISTRICT"; AND ARTICLE Vl, "SPECIFIC USE SlGNS," AT SECTION 138-772,
ENTITLED ,,SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL AND ACCESSORY USE SIGNS,"
IN ORDER TO ESTABLISH SIGN CRITERIA FOR GROUND FLOOR COMMERCIAL USES
IN PARKING GARAGES LOCATED ON NON-OCEANFRONT LOTS IN THE RM-2 DISTRICT, WITH
A PROPERry LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; AND
CREATING SECTION 738-206, ENTITLED "CITY IDENTIFICATION SIGNS AT CITY ENTRANCE
AND EXIT POINTS," IN ORDER TO ESTABLISH THE PROCESS BY WHICH THE CITY MAY ERECT
CITY IDENTIFICATION SIGNS NEAR THE CITY'S ENTRY AND EXIT POINTS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
Number Two:
Parking Regulations within 250 Feet of NSOP
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CIry CODE CHAPTER 130, "OFF-STREET PARKING," ARTICLE
We are commilled to providing excellent pttblic sertice and sofefy lo all who hve, 'work, ond ploy in our vibront, tropicol hisroric comnuniN.
Agenda ttem CeT
Date F-6-/f132
III, ,,DESIGN STANDARDS," AT SECTION ].30-68, "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.
lf you hove ony questions, pleose contoct me of extension 6528.
Loydo Hernondez
On beholf of Commissioner Weithorn
We are commiffed to providing excellent pttblic seruice and so{ety lo oll who live, wcrk, ond ploy in our vibrant, iropico!, historic communby'
133
G6
GOMMISSION GOMMITTEE REPORTS
134
r-,.-,
-a-l-
City of Miomi Beoch, I 700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMITTEE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
The agenda is as follows:
OLD BUSINESS
1. Discussion regarding The Greater Miami Gonvention and Visitors Bureau
lnterlocal Agreement
ACTION
The Committee recommended The Greater Miami Gonvention and Visitors Bureau
continue to work on the performance standards with the groups they have been
working with so that the agreement can be finalized and brought back to the
Committee for final review.
2. Discussion Regarding A Resolution Approving The Purchase Of Flood
lnsurance, All-Risk Property Insurance, lncluding Windstorm, Boiler &
Machinery lnsurance For City Buildings And Contents (lncluding New
Construction); And Fine Arts lnsurance (Bass Museum), As Proposed By
Arthur J. Gallagher Risk Management Services, lnc., The City's Broker Of
Record
ACTION
The Committee recommended an increase in the named windstorm insurance limit
of $5 million to obtain a total of $20 million in named windstorm coverage at an
estimated additional premium of $368,000, which is included in the FY 2014115
budget.
3. Discussion Regarding Approval To Authorize The lssuance Of A Request
For Proposals (RFP) For Security Guard Services
Agenda ttem C6 ADate 5:-Z-F135
ACTION
The Committee recommended approving the RFP 2015-013-WG with revisions for
Security Officer Services adding that security guards must be a Level 1 and have
a minimum experience of one year and move the item to Commission.
4. Discussion Regarding The Miami Beach Convention Genter Booking Policy
AGTION
The Committee recommended approval of the revisions to the Convention Center
Booking Policy subject to final review by the City Attorney. The Committee also
requested an agreement between the City and the Boat Show be included and
brought to Commission at the same time.
5. Discussion Regarding Entering lnto An Employment Agreement With The
City Clerk
ACTION
The Committee recommended a three (3) year term agreement with 20 weeks'
severance pay for $f 90,000 to be brought before the April Commission meeting.
6. Discussion Regarding Exploring lssues brought up in an lnternal Audit of
the Miami Beach Police Athletic League (PAL)
ACTION
The Committee recommended lnternal Audit continue to monitor the progress of
the interna! control issues as stated in the audit report with some items being
deferred until a new executive director is hired.
7. Discussion Regarding The Concession Agreement For The Management
And Operation Of A Food And Beverage Concession, Currently Operated
By Blissberry, LLG., Located ln A Portion Of The South Pointe Park
Pavilion Building
ACTION
The Committee recommended changing the Goncession Fee to ten percent (10%)
of gross sales with an increase to the Minimum Guarantee of twenty five thousand
dollars ($25,000) annually.
NEW BUSINESS
ITEMS REFERRED AT Februarv 25. 2015 COMMISSION MEETING
8. Discussion Regarding The Audit Committee Recommendations Regarding
Fee in Lieu Of Parking
ACTION
136
The Committee recommended staff bring to the May Finance Gommittee meeting a
detailed status update on all the fee in lieu of parking accounts that categorizes all
payments.
ITEMS REFERRED AT March 11.2015 COMMISSION MEETING
9. Discussion Regarding The City's Agreement With Xerox State And Local
Solutions For The Red Light Enforcement Program
ACTION
The Committee recommended negotiating the contract renewal with Xerox State
and Loca! Solutions for a defined period of time and allow an expansion of five
additional cameras.
to. Discussion Regarding The lssuance Of A Solicitation For The Placement Of
ATM Machines On City Owned Property (i.e. Gity Owned Parking Garages,
etc.)
ACTION
The Committee recommended putting out an RFP for qualified companies to bid
on placement of ATM machines throughout the City.
11. Discussion Regarding Valet Parking
ACTION
The Committee recommended bringing this item back to the Finance Gommittee
with further research and recommendations.
ITEMS REFERRED AT March 18. 2015 COMMISSION MEETING
tz. Discussion Regarding A Resolution Urging The State Legislature And
Miami-Dade County School Board (School Board) To Reduce CIass Sizes !n
Miami Beach Feeder Paftern Schools To Conform To Article IX, Section
(lXa) Of The Florida Constitution; And Lobby The State Legislature To
Expand The List Of "Core Curriculum" Courses Rather Than Continue To
Eliminate Core Curriculum Courses, Like Advanced Placement Classes,
From The Glass Size Amendment Requirements Of The Florida
Constitution By Calling Such Gourses "Extracurricular"; And Gall Upon
The School Board To Voluntarily Subject ltself To The CIass Size
Requirements For All Classes, Whether They Are Considered Core
Curriculum Or Extracurricular
ACTION
The Committee referred this item to Commission with no recommendation.
137
EMERGENCY ITEM
tt. Discussion Regarding A Public Private Partnership For A Two-Story
Parking Structure To Be Erected Over Both City Parking Lot P62 And A
Private Parking Lot, On 42nd Street, Between Jefferson Street And Meridian
Avenue
ACTION
The Gommiftee recommended staff meet with LSM Partners to put together an
analysis that would demonstrate if a parking structure should be erected at the
Parklng Lot P62 and the Private Parking Lot on 42nd Street between Jefferson
Street and Meridian.
138
c7
RESOLUTIONS
139
COMMISSION ITEM SUMMARY
Gondensed Title:
A Resolution Authorizinq The Citv Manaqer or his desiqnee to applv for and accept four (4) qrants.
Key lntended Outcome Supported:
1) and 2) Commission a comprehensive mobility plan which gives priority recommendations (from non-
vehicular to vehicular and including parking; and, 3) Maintain Miami Beach public areas and rights of
and. 4) N/A
Supporting Data: Community Satisfaction Survey: 1) and 2) "lmprove traffic" and "lncrease and
improve public transportation" were both among the top ten recommendations of how to best improve
the quality of life in Miami Beach; and, 3) The Parks and Recreation Department has completed the
fourth year's goal for the reforestation plan with over 400 trees planted, bringing the program total to
4,250 trees installed to date; The rating of the maintenance of parks increased from 81% rating as
"Good" or "Excellent" in 2005 to 82o/o in 2012. and. 4) N/A
Item Summary/Recommendation :
Approve and authorize the City Manager or his designee to submit applications to: 1) U.S. Department
of Transportation, Transportation lnvestment Generating Economic Recovery (TIGER) Grant Program,
in the approximate amount of $'10 Million, for the City's lntelligent Transportation System (lTS); 2)
Florida Department of Transportation, Public Transit Program, in the approximate amount of
$1,450,000, for the Middle Beach Trolley Loop Transit Route, 3) Florida Department of Agriculture,
Urban Forestry Program, in the approximate amount of $15,000, for the City's Tree lnventory Program;
and, 4) Execute an lnterlocal Agreement and Affidavit with Miami-Dade County for the FY 2014115
Municipal Parking Fines Reimbursement Program, in the approximate amount of $85,838, to improve
accessibility and equal opportunity to qualified persons who have disabilities.
AGENDA fiETT C1 A
Financial lnformation:
Grant Name/Project Approximate Match
AmounUSource
USDOT/ Transportation I nvestment
Generating Economic Recovery (lTS)
$10 Million $2,060,000
Mitigation
$2,500,000
Operations
$4,560,000
in Concurrency
Fund andin Parking
Fund (Total
AJ\
FDOT Public Transit Program/ Middle
Beach Trollev Loop Transit Route
$1,450,000 $1 ,450,000/Qual[ty,, of Life
Transportation 4.-/
Florida Department of Agriculture/
Urban Forestry Program
$1 5,000/Landscape
# 01 1-0940-000312
MDC ADA Parking Fines/ Programs
for Persons with Disabilities
Judy Hoanshelt, Grants Officer, Office of Budget and Performance lmprovement
MIAMIBEACH DArE s-6-lr140
MIAMI BEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
the City
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CIry MANAGER OR HIS DESIGNEE TO SUBMIT THE FOLLOWING
APPLICATIONS: 1) U.S. DEPARTMENT OF TRANSPORTATION,
TRANSPORTATION !NVESTMENT GENERATING ECONOM!C
RECOVERY (TTGER) GRANT PROGRAM, rN THE APPROXTMATE
AMOUNT OF $10 MILLION, FOR THE C!ry'S INTELLIGENT
TRANSPORTATTON SYSTEM (lTS), 2) FLORIDA DEPARTMENT OF
TRANSPORTATION, PUBLIC TRANSIT PROGRAM, IN THE
APPROXIMATE AMOUNT OF $1,450,000, FOR THE MIDDLE BEACH
TROLLEY LOOP TRANSTT ROUTE, 3) FLORTDA DEPARTMENT OF
AGRICULTURE, URBAN FORESTRY PROGRAM FOR FUNDING !N THE
APPROXIMATE AMOUNT OF $15,OOO FOR THE CITY'S TREE
INVENTORY PROGRAM; AND, 4l EXECUTE AN INTERLOCAL
AGREEMENT AND ANNUAL AFFIDAVIT WITH MIAMI.DADE COUNry
FOR THE FY 2014115 MUNICIPAL PARKING FINES REIMBURSEMENT
PROGRAM, IN THE APPROXIMATE AMOUNT OF $85,838, TO IMPROVE
ACCESSIBILITY AND EQUAL OPPORTUNIW TO QUALIFIED PERSONS
WHO HAVE DISABILITIES; APPROVING AND AUTHORIZING THE
APPROPRIATION OF THE ABOVE GRANTS AND FUNDING REQUESTS,
INCLUDING ANY REQUISITE MATCHING FUNDS AND CITY
EXPENSES; AND FURTHER AUTHORIZING THE CITY MANAGER, OR
HIS DESIGNEE, TO TAKE ALL NECESSARY STEPS AND TO EXECUTE
DOCUMENTS IN CONNECTION WITH THE AFORESTATED GRANTS
AND FUNDING REQUESTS, INCLUDING, WITHOUT LIMITATION,
APPLICATIONS, GRANT AND FUNDING AGREEMENTS, AND AUDITS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
1. Approval to submit an application to U.S. Department of Transportation,
Transportation lnvestment Generatinq Economic Recoverv (TIGER) Grant
Prooram, in the approximate amount of $10 Million, for the Citv's lntelliqent
Transportation Svstem (lTS).
141
Commission Memorandum
Page 2
The TIGER program provides funds for transportation projects that better connect
communities to centers of employment, education, and services that hold promise to
stimulate long-term job growth, strengthen opportunities to expand the middle class and
have a significant impact on the nation, a metropolitan area, or a region.
The Administration intends to submit an application for the implementation of lntelligent
Transportation Systems (lTS) as well as a Parking Management System. The project will
include various components such as traffic monitoring cameras, bluetooth/wi-fi readers
for travel time estimation, real-time traveler's information systems and adaptive traffic
control systems. ln previous studies, travel times were reduced between 7o/o and 230o/o
and average speed increased between 8% and 58% as a result of ITS implementation.
The Administration intends to apply for funding in the amount of $10 million for the
implementation of this project and will use matching funds in the approximate amount of
$4,560,000. Matching funds in the amount of $2,060,000 are available in Concurrency
Mitigation Funds, and matching funds in the amount of $2,500,000 are available in the
Parking Operations Fund. This project supports the key intended outcome to
commission a comprehensive mobility plan, which gives priority recommendations (from
non-vehicular to vehicular and including parking).
2. Approval to submit an application to Florida Department of Transportation, Public
Transit Proqram. in the approximate amount of $1.450.000 for the Middle Beach
Trollev Loop Transit Route.
The Public Transit Service Development Program was enacted by the Florida
Legislature to provide initial funding for special projects. The Public Transit Service
Development Program is authorized in Chapter 341, Florida Statutes. The program goal
is to provide new and innovative techniques or measures that can be used to improve or
expand public transit services. Service Development Projects include projects involving
the use of new technologies; services, routes, or vehicle frequencies; the purchase of
special transportation services; and other such techniques for increasing service to the
riding public.
The City of Miami Beach is requesting FY 2016 funding in the amount of $1,450,000
over three (3) years for the Operating & Maintenance for costs of a new public transit
trolley service in Middle Beach. The trolley will provide a uniquely configured local
circulator route to complement the existing Miami Dade Transit bus service while
providing support for future transportation plans. The Miami Dade MPO Middle Beach
Transit Study as well as Miami Dade Transit's 2007 Coastal Communities Transit Plan
support the need for the proposed service. The route is intended to serve hotels as well
as carry residents and visitors to/from work and non-work destinations such as
restaurants, entertainment venues, shopping centers, and recreation and education
facilities.
This grant requires matching funds and the City has matching funds in the amount of
$1,450,000 in Quality of Life Transportation funds. This project supports the key
intended outcome to commission a comprehensive mobility plan, which gives priority
recommendations (from non-vehicular to vehicular and including parking).
142
Commission Memorandum
Page 3
3. Approval to submit an application to Florida Department of Aqriculture, Urban
Forestry Proqram, in the approximate amount of $15.000. for the Citv's Tree
lnventory Proqram.
Florida Urban and Community Forestry Grant Program provides funding through the US
Forest Service to organizations to develop or enhance their urban and community
forestry programs. Grant funds can be used for tree planting on public land, tree
protection projects, tree inventories and tree management plans.
The City has an ongoing tree inventory program and was awarded funding last year
through the Urban Forestry program to continue the program. This year, the
Administration intends to apply for Phase 2 funding for the City's tree inventory program,
which will take place in North Beach. Florida Department of Agriculture requires the City
to enter into a Maintenance Memorandum of Agreement (Attachment A), in support of
the Tree lnventory Program, which is part of the City's Reforestation Plan. As such, the
Administration intends to request funding in the approximate amount of $15,000.
Matching funds are available in the Landscape Maintenance Operating Budget. This
grant supports the key intended outcome to maintain Miami Beach public areas and
rights of way citywide.
4. Approval to execute an lnterlocal Aqreement and Annual Affidavit with Miami-
Dade Countv for the FY 2014115 Municipal Parkinq Fines Reimbursement
Proqram, in the approximate amount of $85,838, to improve accessibilitv and
equal opportunitv to oualified persons who have disabilities.
Each year the City participates in Miami-Dade County's Parking Fines Reimbursement
Program. The Program is based on Section 316.008, Florida Statutes, and Section 30-
447 of the Code of Miami-Dade County, which authorizes the charging of fines for
misuse of specially marked parking spaces for people with disabilities. The City has
entered into an interlocal agreement with Miami-Dade County for the distribution of these
funds. The agreement requires that the City annually submit an affidavit sworn by the
Chief Administrative Officer that expenditures will meet the program criteria.
The Atfidavit stipulates that municipal parking fines funds shall be used to improve
accessibility and equal opportunity to qualified persons who have disabilities in the
municipality and to conduct public awareness programs in the municipality concerning
persons who have disabilities. The Administration requests approval to execute the
Affidavit for Fiscal Year 2014/15 Parking Fines funds. This project does not require
matching funds.
CONCLUSION
A Resolution of the Mayor and City Commission approving and authorizing the City
Manager or his designee to submit applications to:1) U.S. Department of Transportation,
Transportation lnvestment Generating Economic Recovery (TIGER) Grant Program, in
the approximate amount of $10 Million, for the City's lntelligent Transportation System
2) Florida Department of Transportation, Public Transit Program, in the approximate
amount of $1,450,000, for the Middle Beach Trolley Loop Transit Route, 3) Florida
Department of Agriculture, Urban Forestry Program, in the approximate amount of
$15,000, for the City's Tree lnventory Program; and, 4) Execute an lnterlocalAgreement
and Affidavit with Miami-Dade County for the FY 2014115 Municipal Parking Fines
143
Commission Memorandum
Page 4
Reimbursement Program, in the approximate amount of $85,838, to improve
accessibility and equal opportunity to qualified persons who have disabilities; approving
and authorizing the appropriation of the above grants and funding requests, including
any requisite matching funds and city expenses; and further authorizing the City
Manager, or his designee, to take all necessary steps and to execute all necessary
documents in connection with the aforestated grants and funding requests, including,
without limitation, applications, grant and funding agreements, and audits.
JLM/JWJMH
T:\AGEN DA\201 S\May\Grants Memo.docx
144
RESOLUTION TO BE SUBMITTED
145
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution, waiving by 5/7ths vote, the competitive bidding process to contract with Miami Rescue
Mission for emeroencv shelter beds
Ensuring Workforce Housing for Key lndustry Workers is Available in Suitable Locations
Supporting Data: Gommunity Satisfaction Survey: 39o/o of businesses cited satisfaction with the
City's ability to address homelessness
ltem Sum dation:
Miami Rescue Mission (MRM) is an emergency shelter provider located in Miami. Since 2003, MRM has
provided the City with 15 shelter beds at a rate of $15 per bed. MRM's current contract expires
September 30,2015.
ln 2014, the City issued a Request For Proposals (RFP) for emergency shelter services. As a result of
this RFP, the City contracted with The Salvation Army, Camillus House, lnc., and Sundari
Foundation/Lotus House. The rates for the first year of the three-year contracts with these providers
range from $24.82 to $28.00 per bed per day. The cost rises by three (3) percent each subsequent
year.
Miami Rescue Mission has specialized in serving those homeless men (and occasionally women) who
have no legal identification and may present addiction and other issues (including arrest histories that
include violent offenses) that impede access to one of our other three contracted shelter providers.
More so, MRM has enabled placement of clients with physical disabilities (primarily wheelchair-bound)
rejected for placement by other shelters because the clients were deemed a liability to the shelter, its
operations and other clients.
The Administration is seeking a waiver of competitive bid for MRM because the shelter has agreed to
renew its contract at $16.50 per bed - which is $8.32 per bed per day less than the City's next lowest
price provider - and because it meets a critical need in providing a welcoming environment for clients
who would otherwise remain on the streets. ln addition, Miami Rescue Missionhas offered the
availability of additional beds at the same rate should the City need overflow beds. Other shelters
charqe a premium price of up to $30 per day per bed when in overflow status.
A$EITIDA fiw C 7R
Financial lnformation:
Financial lmpact Summary: Emergency shelter beds are currently funded in the General Fund
Grant Name/Project
General Fund/ Emergency Shelter Beds/
01 1 -0560-000349
Maria L. Ruiz, Department Director, Office of Housinq and Communitv Services, Extension 6491
AAIAMIBEACH tr^rE t-6-t{146
MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
issionTO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: May6,2015
SUBJECT: A RESOLUTION OF THE MAYOR CITY GOMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, WAIVTNG BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING
REQUIREMENTS, FTNDING SUCH WAIVER TO BE !N THE BEST INTEREST OF THE
CITY, AND AUTHORIZING THE CIry MANAGER, OR HIS DESIGNEE, TO NEGOTIATE
AND EXECUTE AN AGREEMENT WITH MIAMI RESCUE MISSION, INC., IN AN
AMOUNT NOT TO EXCEED $IOO,OOO PER YEAR FOR A PERIOD OF THREE (3)
YEARS, TO PROVIDE EMERGENCY SHELTER BEDS TO SERVE THE HOMELESS.
ADMI NISTRATION RECOMMEN DATION
Approve the resolution.
BACKGROUND
Miami Rescue Mission (MRM) is an emergency shelter provider located in Miami. Since 2003, MRM
has provided the City with 15 shelter beds at a rate of $15 per bed. MRM's current contract expires
September 30, 2015.
ln 2014, the City issued a Request For Proposals (RFP) for emergency shelter services. As a result of
this RFP, the City contracted with the following providers:
Each of these shelters offers a unique and distinct environment for the clients they serve:
. Camillus House serves single men and women including those with addiction and homeless
chronicity issue. Sundari Foundation (Lotus House) serves single women and women with children (male
children under 7) in a low-demand environmento The Salvation Army serves single men and women as well as families with children in
dedicated lodges within their campus next to Miami Jackson Senior High School
Each of the three shelters above has escalation clauses that increase the Year Two and Year Three
costs by three (3) percent each year:
Sundari Foundation (Lotus House
147
City Commissioner Memorandum - Bid Waiver for Miami Rescue Mission
May 6, 201 5
3 pages
Miami Rescue Mission has specialized in serving those homeless men (and occasionally women) who
have no legal identification and may present addiction and other issues (including arrest histories that
include violent offenses) that impede access to one of our other three contracted shelter providers.
More so, MRM has enabled placement of clients with physical disabilities (primarily wheelchair-bound)
which were rejected for placement by other shelters because the clients were deemed a liability to the
shelter, its operations and other clients. One of these cases involved a man with amputated legs with
no legal status and no financial resources. Through MRM's willingness to provide him shelter, City
staff was eventually able to reunite him with his family in Central America.
The Administration is seeking a waiver of competitive bid for MRM because the shelter has agreed to
renew its contract at $16.50 per bed -- which is $8.32 per bed per day less than the City's next lowest
price provider - and because it meets a critical need in providing a welcoming environment for clients
who would otherwise remain on the streets. The annualized cost for the current roster of beds would
be $90,337.50. Rev. Ronald Brummitt, MRM's Executive Director, has reiterated that his organization's
mission is to serve the homeless. He feels that the City's contract supports his overall effort and, for
this reason, is willing to renew its contract at a rate that is considerably lower than those approved in
our last RFP. Rev. Brummitt also offered the availability of additional beds at the same rate should the
City need overflow beds. Other shelters charge a premium price of up to $30 per day per bed when in
overflow status.
The issue of waiver of competitive bid was taken before the Neighborhoods/Community Affairs
Committee on April 21, 2015. The Committee unanimously endorsed the waiver as serving the City's
best interests.
CONCLUSION
The Administration supports the bid waiver and fixed price contract of $16.50 per bed per day with
Miami Rescue Mission because of the agency's longstanding commitment to accept homeless clients
rejected or prohibited by other shelters as well as its overall cost effectiveness as compared to those
shelters currently contracted as a result of the 2014 RFP for emergency shelter services.
JLM/KGB/MLR
T:\AGENDA\201 SWay\HOUSING & COMMUN ITY SERVICES/MRM Bid Waiver 05201 5
Sundari Foundation (Lotus House
148
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, AS
WELL AS THE NEIGHBORHOOD AND COMMUNITY AFFAIRS COMMITTEE, AND
WAIVING, BY 5/7THS VOTE, THE FORMAL COMPETITIVE BIDDING REQUTREMENTS,
FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY, AND
AUTHORIZING THE GITY MANAGER, TO NEGOTIATE AND EXECUTE AN AGREEMENT
WITH MIAMI RESCUE MISSION, INC., IN AN AMOUNT NOT TO EXCEED $IOO,OOO PER
YEAR, FOR A PERIOD OF THREE (3) YEARS, TO PROV|DE EMERGENCY SHELTER
BEDS TO SERVE THE HOMELESS.
WHEREAS, the City is committed to reducing homelessness in the community; and
WHEREAS, in order to reduce homelessness, the City provides a variety of services to
the homeless including street outreach, joint outreach with Police, provision of employment and
identification document services, relocation and emergency shelter placement; and
WHEREAS, the City has issued with Miami Rescue Mission since 2003 for the provision
of 15 emergency shelter beds serving homeless males, at a rate of $15 per bed, per day; and
WHEREAS, Miami Rescue Mission accepts shelter placements for clients without valid
government-issued identification, criminal histories and addiction histories; and
WHEREAS, the current contract with Miami Rescue Mission expires on September 30,
2015; and
WHEREAS, the City conducted a Request For Proposals (RFP) for emergency shelter
beds in 2014 which yielded sheltei'agi'eements three shelter providers: The Salvation Ai.my,
Camillus House, lnc. and Sundari Foundation (Lotus House); and
WHEREAS, the daily bed cost for these three shelters range from 924.82 to $28.00 per
day, per bed for contracted beds; and
WHEREAS, the three shelter providers agreed to three-year contracts, which escalate
their daily bed rates by three percent (3%) each subsequent year; and
WHEREAS, the Miami Rescue Mission has agreed to renew its contract for the City at a
rate of $16.50 per bed per day, or $8.32 per bed per day, less than the next lowest-priced
provider; and
WHEREAS, the Miami Rescue Mission's willingness to accept homeless clients who
may othenarise be rejected by other shelter providers because of identification, criminal history
or physical impairments, ensures that the City can place its most vulnerable and hardto-serve
homeless in shelter as the first step in ending their personal homelessness; and
WHEREAS, the City Manager recognizes that a bid waiver ensures the availability of the
beds currently available at Miami Rescue Mission while ensuring that the cost per bed is far less
than what is being currently paid to other contracted shelter providers; and
149
WHEREAS, the Neighborhood/Community Affairs Committee unanimously endorsed the
bid waiver as serving the city's best interests at its April21, 2o1s meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIry COMMISSION OF
THE GITY OF MIAMI BEACH, FLORIDA, waiving by 5/7ths vote, the formal competitive
bidding requirements, finding such waiver to be in the interest of the City, and authorizlng theCity Manager, or his designee, to negotiate and execute an agreement witfr Miami Rescue
Mission, lnc., in an amount not too exceed $100,000 per year for a period of three (3) years, toprovide emergency shelter beds to serve the homeless.
PASSED AND ADOPTED this _day of 2015.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
APPR.OVED AS TO
F'ORM & LANGUAGE
& FOR EXEGUTION
4 - tl-rt
DateCity Attorney
T:\AG EN DA\20 1 S\May\H OUS I NG & COM M U N tTy S ERVI CES
150
THIS PAGE INTENTIONALLY LEFT BLANK
151
Condensed Title:
A Resolution Authorizing The Mayor And City Clerk To Execute The Memorandum Of Understanding
Attached Hereto Between The City Of Miami Beach, The Miami Beach Chamber Of Commerce, North Bay
Village, The Town Of Bay Harbor lslands, The Town Of Surfside, And Bal Harbour Village To Support And
Enhance The Nurse lnitiative For The 2015-2016 School Year And Authorizing The Appropriation Of
$15,400 From The Miami Beach Education Compact Fund For The City Of Miami Beach's Proportionate
Share Of Funding For The Nurse Enhancement lnitiative Subject To Approval ln The City's FY 2015116
Annual
COMMISSION ITEM SUMMARY
Item ndation:
Motions made by the Quality Education Committee regarding the funding of a registered nurse at
underserved public schools in the feeder pattern were discussed in 2012. The Finance Committee
recommended funding. The City's proportionate share was $30,500 for the 2013-14 school year,
appropriated for FY 2012113 in the Education Compact Fund by Resolution2012-28018 redirected at the
May 8, 2013 Commission meeting per Resolution 20'13-28219 to support the Nurse lnitiative. The effort to
support the Nurse lnitiative included the Cityof Miami Beach, North BayVillage, Town of Surfside, Town of
Bay Harbor lslands, and Bal Harbour Village, to converge efforts to secure the funding needed for the full-
time registered nurse. The Nurse lnitiative was continuedin2Ol4-15. Byapproval of Resolution201542
on February 9,2015, The Children's Trust Board of Directors approved the release of RFP 2015-17 School
Health Programs to fund improved access to quality health care through providers delivering
comprehensive services in the public schools to 145 pre-selected schools for SchoolYears 2015-16, 2016-
17 , and 2017-18; the programs which are the subject of the RFP include all three (3) Miami Beach schools
in the City's original Nurse lnitiative. Due to the success of the Nurse lnitiative during the 2013-2014 and
2014-15 School Years, the City of Miami Beach and the other Participating Municipalities wish to support
an enhanced Nurse Enhancement lnitiative for the 2015-2016 School Year as the underlying nurse
initiative will now be provided by The Children's Trust via School Health Programs. The funding provided
by the Participating Municipalities will enhance The Children's Trust School Health Programs for the
schools, to include, but not be limited to, services such as behavioralhealth and/ortelehealth/telemedicine
during the 2015-2016 School Year. As of April 2015, funds committed for 2015-16 school year are as
follows: Town of Surfside $3,667, Town of Bay Harbor lslands $3,667, Bal Harbour Village $3,667, and
North Bay Village $6,600, Miami Beach Chamber $7,000. An agreement, acceptable to the City Attorney
and the City Manager, should be entered into between the MBCC, The Children's Trust, North BayVillage,
the Town of Surfside, the Town of Bay Harbor lslands, Bal Harbour Village, and the City, with the
exoectation that all of the participating municipalities will contribute to the Nurse Enhancement lnitiative.
c7L- s-647
Kev lntended Outcome Supoorted:
Supporting Data (Surveys, Environmental Scan, etc.):
The2012and2O14 CommunitySatisfaction showed that91% and75o/o respectivelyof residentswith
children are very satisfied or satisfied with our City's public schools compared to 51o/o in 2007. ln the
2013-14 and 2014-15 school year, the City of Miami Beach in partnership with neighboring
municipalities funded a Nurse lnitiative providing service to over 4,000 children/visits, an average of
80% of the total school populations visiting the Miami Beach funded HCIOS in2013-14and2014-15,
and maioritv of students to class.
Finance and Citywide Projects Committee supports Nurse lnitiative. Resolution 2013-28219 May8, 2013
MiamiBeach portion in the FY 2015fi6 annual
Financia! lnformation:
177-6881-000343 (Subject to appropriation in the FY
Financial lmpact Summary:
MIAMIBTAf,H DATE152
i,, !. t f'..., 4lt{'*" li t'Lili',.t \;l -i,'" i!L)2"^{*'r\*E !
City of Miomi Beoch, I700 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI MEMORANDUM
r.#. /-.6i':xffirrnrum
3Xffi
FROM:
DATE:
SUBJECT:
t9'$ . 20;i
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6,2015
A RESOLUTION OF THE MAYOR
mrssron
D CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA,THE MAYOR AND CITY GLERK TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING (MOU), ATTACHED
HERETO AND INCORPORATED HEREIN, BETWEEN THE CITY OF MIAMI
BEACH, THE MTAMI BEACH CHAMBER OF COMMERCE, NORTH BAY
VILLAGE, THE TOWN OF BAY HARBOR ISLANDS, THE TOWN OF SURFSIDE,
AND BAL HARBOUR VILLAGE TO SUPPORT AND ENHANCE THE NURSE
INITIATTVE FOR THE 2015.2016 SCHOOL YEAR AND AUTHORIZING THE
APPROPRIATION OF $15,400 FROM THE MIAMI BEACH EDUGATION
COMPACT FUND FOR THE CITY OF MIAMI BEACH'S PROPORTIONATE
SHARE OF FUNDING FOR THE NURSE ENHANCEMENT INITIATIVE SUBJECT
TO APPROVAL IN THE CITY'S FY 2015/16 ANNUAL BUDGET
ADMINISTRATION RECOMMENDATION
Approve the Resolution.
BACKGROUND
On December 11 , 2013, the Commission discussed (ltem R9K) the continuation of the Nurse
lnitiative forthe 2014-15 school year, approved on July 17,2013, per Resolution#2013'28258 (ltem
C7N) funding the Nurse lnitiative for the 2013-14 school year. On October 24, 2012, the
Commission requested the motion made by the Committee for Quality Education regarding health
care in feeder pattern public schools be referred to the Finance and Citywide Projects Committee to
discuss consideration of the request to strengthen Education Compact activities as they relate to
health and well-being. The Committee for Quality Education made the following motion at the
September 24,2012, meeting regarding health care in our public schools:
The heatth and wetl-being of our children are of paramount importance and should be
considered a community priority and responsibility. Therefore, the Committee for Quality
Education recommends fhe Mayor and City Commission reviewthe Health and Well-being
activities in the Education Compact to strengthen them and consider funding support.
The Education Compact with Miami-Dade County Public Schools (M-DCPS), established on
January 16,2008, includes the outcome to increase the health and well-being of students in Miami
153
Commission Memorandum
May 8, 2015
Nurse Enhancement lnitiative
Page 2 of 4
Beach public schools. The activities included in the Compact agreement to support this outcome
include the following:o The school District will maintain health clinics (nurse practitioners and/or registered
nurses) at Fienberg-Fisher, Biscayne, Nautilus, and Miami Beach Senior High,
subject to continued available funding, and will work with all Miami Beach schools to
coordinate visits from the Health Connect on Wheels service (as available) orsimilar
service to schools and/or Miami Beach recreation centers;
. The District and the City will collaborate to deliver information regarding health and
wellness education, prevention and intervention strategies regarding nutrition,
physical activity levels, and health maintenance in accordance with the District's
Wellness Initiative;o The City will explore the development of a middle school-level after-school program.
The District will collaborate with the City by assisting with the recruitment of students,
including providing space within District-owned facilities as needed, and exploring
expanded transportation options for participating students; and,
o District will explore the expansion of fulltime nurse practitioners and/or registered
nurses at schools without health clinics, subject to available funding.
Of the eight Miami Dade County Public Schools that fall within the City of Miami Beach feeder
pattern, there is Health Connect in Our Schools (HCIOS) Suites in five of them: Biscayne
Elementary, South Point Elementary, Fienberg-Fisher K-8 Center, Nautilus Middle School, and
Miami Beach SeniorHigh School. Forstudents thatdo not require routine medications, the HCIOS
is used for nursing assessments, administration of first aide, consulting with parents and caregivers,
etc. These are considered Non-Routine Medication visits and they account for over 90% of all the
services provided amongst the HCIOS health suites.
Each of the schools above with health services has one medical assistant (health aide) on site full-
time to provide the day{o-day services in the health suites. The equivalent of two full time higher-
level nurses provides services to all five schools. Additionally, a social worker serves each school;
however, M-DCPS provides this portion at Biscayne Elementary, South Pointe Elementary, and
Miami Beach Senior High School. The remaining schools have HCIOS socialworkers.
During the December 2012 Finance and Citywide Projects Committee meeting, motions made by
the Quality Education Committee regarding the funding of a registered nurse at underserved public
schools in the feeder pattern were discussed. The Finance and Citywide Projects Committee
recommended funding the City's proportionate share of the estimated $62,000 for a full-time
registered nurse with benefits for the 2013-14 school year subject to neighboring municipalities also
contributing their proportionate share of the nurse for the three underserved schools in the feeder
pattern. The City's proportionate share was approximately $30,500 for the 2013-14 school year.
These funds were appropriated for FY 2012113 in the Education Compact Fund adopted by
Resolution 2012-28018 anticipated to be used for teacher development programs and fees to the
lnternational Baccalaureate Organization redirected at the May 8,2013 Commission meeting per
Resolution 2013-28219 to support the Nurse lnitiative.
ln the 2013-14 School Year, a municipal Nurse lnitiative was implemented pursuant to a
Memorandum of Understanding between the Participating Municipalities to provide a HCIOS team of
professionals including a shared Registered Nurse, a full-time Medical Assistant, and a social
worker, which is already funded by Miami-Dade County Public Schools for the 2013-14 School Year
and the 2014-15 SchootYear. The registered nurse rotates between each of the aforementioned
154
Commission Memorandum
May 8, 2015
Nurse Enhancement lnitiative
Page 3 of 4
schools (or as per Children's Trust recommendation) so that accessibility is equal amongst all three
schools. Utilization of the HCIOS have remained high throughout the 201 4-1 5 school year, with 52
percent of the 3,044 unduplicated students utilizing the services from Augustz914 through February
2015, an average of eleven visits per day per school resulting in 3,836 visits this school year
The benefits of HCIOS health teams include: a coordinated level of school-based healthcare,
expanded health screenings, and assessments with access to follow-up care, mental and behavioral
health services to identify and solve student health and educational issues, nutrition and health
counseling, heath services for uninsured students with no other option for access to health care,
emergency first aid/CPR, and chronic disease management
By approval of Resolution 201 5-42 on February 9,2015, The Children's Trust Board of Directors
approved the release of RFP 2015-17: School Health Programs to fund improved access to quality
health care through providers delivering comprehensive services in the public schools to 145 pre-
selected schools for School Years 2015-16,2016-17, and 2017-18; the programs which are the
subject of the RFP include all three (3) Miami Beach schools in the City's original Nurse lnitiative
Due to the success of the Nurse lnitiative during the2013-2014 and 2014-15 SchoolYears, the City
of Miami Beach and the other Participating Municipalities wish to support an enhanced Nurse
Enhancement lnitiative for the 2015-2016 School Year, as the underlying nurse initiative will now be
provided by The Children's Trust via the School Health Programs.
As of April 2O15,each of the neighboring municipalities has committed approximate funding forthe
Nurse Enhancement tnitiative for the 2015-16 school year as follows: Town of Surfside $3,667,
Town of Bay Harbor lslands $3,667, Bal Harbour Village $3,667, and North Bay Village $6,600. The
Miami Beach Chamber Education Foundation (MBCEF) shall provide funding for the 2015-2016
Nurse Enhancement lnitiative from the unused funds ($21,000) provided by the Aetna Voices of
health prize funds pursuant to the 2013-2014 Nurse lnitiative Memorandum of Understanding, which
unused funds shall be carried over for use during the 2015-2016 School Year at $7,000 per year
and which may be carried over for an additional two years at $7,000 per year through the 2017-18
School Year.
The funding provided by the Participating Municipalities will enhance The Children's Trust School
Health Programs for North Beach Elementary, Treasure lsland Elementary, and Ruth K. Broad Bay
Harbor K-8 Center, to include, but not be limited to, services such as behavioral health and/or tele
health/telemedicine during the 201 5-2016 School Yearateach of the Schools. The Children's Trust
funding will provide for a full-time registered nurse and/or licensed practical nurse at each of the
Schools for the 2015-2016,2016-17, and 2017-18 School Years.
It is anticipated that the Memorandum of Understanding will be entered into between the City of
Miami Beach, the Miami Beach Chamberof Commerce, The Children'sTrust, North BayVillage, the
Town of Surfside, the Town of Bay Harbor lslands, and Bal Harbour Village, with the Participating
Municipalities contributing to support the Nurse Enhancement !nitiative program for the 2015-2016
School Year
155
Commission Memorandum
May 8, 2015
Nurse Enhancement lnitiative
Page 4 of 4
CONCLUSION
The Administration recommends the approvalof this Resolution. An agreement, acceptable to the
City Attorney and the City Manager, should be entered into between the Miami Beach Chamber of
Commerce, North Bay Village, the Town of Surfside, the Town of Bay Harbor lslands, Bal Harbour
Village, and the City of Miami Beach, subject to all of the participating municipalities contributing to
assist
201511 Budget.
in accomplishing its measurable objectives and approval in the City's FY
156
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAM! BEACH, FLORIDA, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A MEMORANDUM
oF UNDERSTANDTNG (MOU), ACCEPTABLE TO THE CITY
ATTORNEY AND THE CITY MANAGER, BETWEEN THE CIryOF MIAMI BEACH, THE MIAMI BEACH CHAMBER
EDUCATION FOUNDATION, INC., NORTH BAY VILLAGE, THE
TOWN OF BAY HARBOR ISLANDS, THE TOWN OF
SURFSIDE, AND BAL HARBOUR VILLAGE TO SUPPORT
AND ENHANCE THE NURSE INITIATIVE FOR THE 2015.2016
SCHOOL YEAR AND AUTHORIZING THE APPROPRIATION
OF $15,400 FROM THE MIAMI BEAGH EDUGATION COMPACT
FUND FOR THE CITY OF M!AM! BEACH'S PROPORTIONATE
SHARE OF FUNDING FOR THE NURSE ENHANCEMENT
INITIATIVE SUBJECT TO APPROVAL IN THE CITY'S FY
2015116 ANNUAL BUDGET.
WHEREAS, in January 2008, the City of Miami Beach entered into an Education
Compact with the Miami-Dade County Public Schools to enhance learning opportunities for
youth; and
WHEREAS, the Education Compact reflects the desire of the Miami Beach community
to support excellence in the City's public schools and enhance the health and well-being of our
City's youth; and
WHEREAS, as a result of the City's Education Compact with Miami-Dade County Public
Schools, all public schools in Miami Beach offer the lnternational Baccalaureate program which
is internationally recognized as a benchmark for education excellence and also fosters student
participation in community service; and
WHEREAS, in the 2012-13 School Year, five of the eight schools in our educational
feeder pattern had Health Connect in Our Schools (HCIOS) suites which are supported by The
Children's Trust and which provide a full-time MedicalAssistant and a shared Registered Nurse
on campus; and
WHEREAS, for students who do not require routine medications, the HCIOS suites
used for nursing assessments, administration of first aid, and other purposes such as consulting
with parents and caregivers; and
WHEREAS, the City of Miami Beach, North Bay Village, the Town of Bay Harbor
lslands, the Town of Surfside, and Bal Harbour Village ("Participating Municipalities")
determined that a program to provide healthcare services to students attending underserviced
public schools is in the best interests of the health and public welfare of youth; and
WHEREAS, in the 2013-14 School Year, a municipal Nurse lnitiative was implemented
pursuant to a Memorandum of Understanding between the Participating Municipalities to
provide a HCIOS team of professionals including a shared Registered Nurse, a fulltime Medical
Assistant, and a social worker which is already funded by Miami-Dade County Public Schools
forthe 2013-14 School Year and the2014-15 School Year; and
157
WHEREAS, the benefits of HCIOS health teams include: a coordinated level of school-
based healthcare, expanded health screenings, and assessments with access to follow-up care,
mental and behavioral health services to identify and solve student health and educational
issues, nutrition and health counseling, heath services for uninsured students with no other
option for access to health care, emergency first aid/CPR, and chronic disease management;
and
WHEREAS, utilization of the HCIOS have remained high throughout the 2014-15 school
year, with 52 percent of the 3,044 unduplicated students utilizing the services from August 2014
through February 2015, an average of eleven visits per day per school resulting in 3,836 visits
this schoolyear; and
WHEREAS, by approval of Resolution 2015-42 on February 9, 2015, The Children's
Trust Board of Directors approved the release of RFP 2015-17. School Health Programs to
fund improved access to quality health care through providers delivering comprehensive
services in the public schools to 145 pre-selected schools for School Years 2015-16,2016-17,
and 2017-18; the programs which are the subject of the RFP include all three (3) Miami Beach
schools in the City's original Nurse lnitiative; and
WHEREAS, due to the success of the Nurse lnitiative during the 2013-2014 School Year
and the 2014-15 School Year, the City of Miami Beach and the other Participating Municipalities
wish to support an enhanced nurse initiative ("Nurse Enhancement lnitiative") for the 2015-
2016 School Year because the basic healthcare services previously funded in the prior Nurse
lnitiative by the Participating Municipalities, the Miami Beach Chamber Education Foundation,
lnc. (MBCEF), and The Children's Trust will now be provided by The Children's Trust via the
School Health Programs; and
WHEREAS, the City's proportionate share for the Nurse Enhancement lnitiative is
approximately $15,400 for the 2015-16 School Year and will not be due to be paid until October
31,2015; and
WHEREAS, the funds for the City's proportionate share will be subject to approval in the
City's FY 2015/16 Annual Budget; and
WHEREAS, The Children's Trust has committed to fund the School Health Programs at
all Miami Beach feeder schools through the end of the 2017-18 School Year; and
WHEREAS, the MBCEF shall provide funding for the 2015-2016 Nurse Enhancement
lnitiative from unused funds ($21,000) provided by the Aetna Voices Health award pursuant to
the 2013-2014 Nurse lnitiative Memorandum of Understanding, such funds shall be carried over
for use during the 2015-2016 School Year at $7,000 per year and may be carried over for an
additional two years at $7,000 per year through the 2017-18 School Year; and
WHEREAS, the funding provided by the Participating Municipalities will enhance The
Children's Trust School Health Programs for North Beach Elementary, Treasure lsland
Elementary, and Ruth K. Broad Bay Harbor K-8 Center (the "Schools"), to include, but not be
limited to, services such as behavioral health and/or tele health/telemedicine each week during
the 2015-2016 School Year at each of the Schools; and
158
WHEREAS, The Children's Trust funding will provide for a full-time registered nurse
and/or licensed practical nurse at each of the Schools for the 2015-2016 School Year; and
WHEREAS, as of April 2015, each of the Participating Municipalities has committed
approximate funding for the Nurse Enhancement lnitiative for the 2015-2016 School Year,
subject to their respective budget approvals, as follows: City of Miami Beach $15,400, Town of
Surfside $3,667, Town of Bay Harbor lslands $3,667, Bal Harbour Village $3,667, and North
Bay Village $6,600; and
WHEREAS, the MBCEF will serve as the fiscal agent to collect the funds from the
Participating Municipalities and will disperse the funds to The Children's Trust; and
WHEREAS, on or before October 31,2015, the Participating Municipalities shall provide
their proportionate share of funds for the 2015-2016 Nurse Enhancement lnitiative to MBCEF,
which funds MBCEF shall hold in escrow pending the execution of its agreement with The
Children's Trust; and
WHEREAS, it is anticipated that a Memorandum of Understanding ("MOU") will be
entered into between the City of Miami Beach, the Miami Beach Chamber Education
Foundation, lnc., The Children's Trust, North Bay Village, the Town of Surfside, the Town of Bay
Harbor lslands, and Bal Harbour Village, with the Participating Municipalities contributing their
proportionate share of the costs to support the Nurse Enhancement lnitiative program for the
2015-2016 School Year; and
WHEREAS, the MOU may be extended for up to two additional School Years in 2016-
2017 andlor 2017-2018, pending available funding from the Participating Municipalities.
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 authorize the Mayor and City Clerk to enter into a Memorandum of
Understanding, acceptable to the City Attorney and the City Manager, between the City of
Miami Beach, the Miami Beach Chamber Education Foundation, lnc., North Bay Village, the
Town of Bay Harbor lslands, the Town of Surfside, and Bal Harbour Village to support the Nurse
Enhancement lnitiative for the 2015-2016 School Year, and authorizing the appropriation of
$15,400 from the Miami Beach Education Compact Fund for the City of Miami Beach's
proportionate share of funding for the Nurse Enhancement lnitiative, subject to approval in the
City's FY 2015/16 Annual Budget.
PASSED AND ADOPTED this _ day of May, 2015.
ATTEST:
Philip Levine, Mayor
Rafael Granado, City Clerk
F:\ATTO\TURN\RESOS\Nurse Enhancement lnitiative Resolution.docx
APPROVED AS TO
FORM & IANGUAGE
t- r[-rl
Dole
& FOR
159
COMMISSION ITEM SUMMARY
c7n
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFO)
NO. 2015.043.WG FOR AUDIT SERVICES FOR RESORT TAXES AND INTERNAL AUDITS;
AUTHORIZE THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH SKJT&G, BCA
WATSON RICE, KILGOUR & ASSOCIATES, RGL FORENSICS, FOR THE RESORT TAX
AUDITS PORTION OF THE RFQ; GROWE HORWATH, PROTIVITI, BCAWATSON RICE, FOR
THE INTERNAL AUDITS PORTION OF THE RFQ; AND FURTHER AUTHORIZE THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS WITH THESE FIRMS UPON CONCLUSION OF
SUGCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
Ensure Expenditure Trends Are Sustainable Over the Lonq Term
Data (Surveys, Environmenta! Scan, etc: N/A
Item Summary/Recommendation :
On December 17,2014, the City Commission approved the issuance of the subject Request for
Qualification (RFa). On December 19, 2014 lhe RFQ was issued with an opening date of
February 26,2015. A pre-proposalconference to provide information to the proposers submitting
a response was held on December 29,2014. The City received four (4) proposals from SKJT&G,
RGL Forensics, Kilgour & Associates and BCA Watson Rice for the Resort Tax Audits portion of
the RFQ, and three (3) proposals from Crowe Horwath, Protiviti and BCA Watson Rice for the
lnternal Audits portion of the RFQ.
On April 14,2015, the City Manager appointed, via letter to Commission (LTC) No. 144-2015, an
Evaluation Committee (the Committee), which convened on April 24, 2015, to consider the
proposals. The Committee was instructed to score and rank the proposal 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 Request for
Proposals (RFO) No.2015-043-WG, forAudit Services for Resort Taxes and lnternal Audits,
authorize the Administration to enter into negotiations with all ranked proposers ( who have been
deemed by the Committee to be qualified), SKJT&G, RGL Forensics, Kilgour & Associates and
BCA Watson Rice for the Resort Tax Audits portion of the RFQ, and Crowe Horwath, Protiviti and
BCA Watson Rice for the lnternal Audits portion of the RFQ, and further authorize the City
Managerto execute agreements upon conclusion of successful negotiations bythe Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Source of
Funds:
OBPI^,
Amount Account
1 $106,400 1 60-0330-000312 Resort Taxes
t12 2 $150,000 01 1-0330-000312 lnternal Audits
Financial lmpact Summary: The annual cost associated with the procurement of auditing
services is subiect to the funds availabilitv aooroved throuqh the Citv's budoetino orocess.
Alex Denis, Extension 6641
& rIAIAArIIBTACH AGE}IDA
D.^rE {-6-l(160
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSIO MEMORANDUM
Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA,EPTING THE RECOMMENDATION
OF THE CITY MANAGER PERTAINING TO THE RANKING OF
PROPOSALS, PURSUANT TO REQUEST FOR QUALTFTCATTONS (RFO)
NO. 2015.043.WG FOR AUDIT SERVICES FOR RESORT TAXES AND
INTERNAL AUDITS; AUTHORIZE THE ADMINISTRATION TO ENTER INTO
NEGOTIATIONS WITH SKJT&G, BCA WATSON RICE, KILGOUR &
ASSOCIATES, RGL FORENSICS, FOR THE RESORT TAX AUDITS
PORTION OF THE RFQ; CROWE HORWATH, PROTIVITI, BCA WATSON
RICE, FOR THE INTERNAL AUDITS PORTION OF THE RFQ; AND
FURTHER AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE
AGREEMENTS WITH THESE FIRMS UPON CONCLUSION OF
SUCCESSFUL N EGOTIATIONS BY THE ADMI NISTRAT!ON.
FUNDING
The annual cost associated with the procurement of auditing services is subject to the funds
availability approved through the City's budgeting process.
BACKGROUND
The Administration issued RFQ 2015-043-WG to seek the proposals from qualified firms to
perform resort tax audits and internal audits, in an effort to create a pre-qualified pool to
perform review of the City's resort tax revenues and conduct internal audits as may be
necessary. These audits shall identify billing errors and other discrepancies for cost recovery.
The City of Miami Beach charges a resort tax of revenue generated by the sale of rooms and
on revenues from food and beverages earned within the City. Businesses are required to
register with the City, to collect and remit taxes. The lnternal Audit Division conducts routine
periodic audits of the businesses within the City required to pay resort taxes. ln addition, the
City Administration may determine a need to audit a particular arca whereby the lnternal
Audit Division does not have the resources to audit at a particular time. ln the past, the
Administration has sought outside assistance from qualified firms to accomplish these
assignments.
RFQ PROCESS
On December 17, 2014, the City Commission approved the issuance of the subject Request
for Qualification (RFQ). On December 19,2014 the RFQ was issued with an opening date of
February 26, 2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on December 29,2014. The City received four (4) proposals
from SKJT&G, RGL Forensics, Kilgour & Associates and BCA Watson Rice for the Resort Tax
Audits portion of the RFQ, and three (3) proposals from Crowe Honruath, Protiviti and BCA
Watson Rice for the lnternal Audits portion of the RFQ.
161
Commission Memorandum - RFQ 2015-043-WG Audit Services for Resort Taxes and lnternal Audits
May 6, 2015
Page 2
On April 14,2015, the City Manager appointed, via letter to Commission (LTC) No. 144-2015,
an Evaluation Committee (the Committee), consisting of the following individuals:. Laura Franco-Rubines, Assistant lnternal Auditor, Office of Budget and Performance
Improvement, City of Miami Beach. Juan Rodriguez, CPA, Finance Department, City of Miami Beach. Maria Cerna, Division Director, Capital lmprovement Projects, City of Miami Beach. Sanford Honruitz, CPA, City of Miami Beach Audit Committee. Ronald Starkman, CPA, City of Miami Beach Audit Committee
The following Alternates were also appointed:. James Sutter, CPA, lnternal Auditor Office of Budget and Performance lmprovement,
City of Miami Beach. Marie Paul, CPA, Finance Department, City of Miami Beach
The Committee convened on April 24, 2015, to consider the proposals received. Ronald
Starkman was unable to attend; therefore Marie Paul was selected to serve as an alternate.
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 RFQ.
The Committee pointed out the importance of rapid response times to City inquiries, good
communication between the proposer, business owner and City staff and adherence to
specified completion dates, in order to allow for a successful partnership.
The RFQ also stipulated that additional points would be applied, if applicable pursuant to the
City's Veteran's Preference Ordinance. However, none of the proposers were eligible for the
veteran's reference.
rr0}ii%ffiffi
fffififfi*RNl,fi,$,ffim
ffi{$ffiffii
Laura
Franco-
Rubines Rankinq
Juan
f.odriquez Ranklnq
Maria
Cerna Rankinq
Sandy
Horwitz Rankino Marie Paul Rankino
SKJT&G 80 I 90 1 90 1 75 1 90
lGl Fnrcncinc 50 2 60 4 70 4 10 4 60 3
(ilqour & Associates LLC 40 3 75 2 78 3 50 2 55 4
RflA Walean Rinc 40 3 65 3 8'l 2 40 3 70 2
162
Commission Memorandum - RFQ 2015-043-WG Audit Services for Resort Taxes and lnternal Audits
May 6, 2015
Page 3
Laura
Franco-
Rubines Rankino
Juan
Rodrior nz Rankino
VIaria
lema Rankino
Sandy
Horwitz Rankino Marie Paul Rankino
BCA Watson Rice 80 3 93 2 89 3 60 3 80 3
3rowe Horwath 95 ,l 95 ,|90 2 90 1 85
Protiviti 85 2 90 J 92 1 80 2 90 1
MANAGER'S DUE DILIGENCE & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to RFQ 2015-043-WG, for
Audit Services for Resort Taxes and lnternal Audits, 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 SKJT&G,
RGL Forensics, Kilgour & Associates and BCA Watson Rice for the Resort Tax Audits portion
of the RFQ, and Crowe Honruath, Protiviti and BCA Watson Rice for the lnternal Audits portion
of the RFQ; and further authorize the Mayor and City Clerk to execute agreements with these
firms upon completion of successful negotiations by the Administration.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve the resolution accepting the recommendation of the City Manager,
pursuant to Request for Qualification (RFQ) No. 2015-043-WG, for Audit Services for Resort
Taxes and lnternal Audits.
ft
JLM/MT IJ'n#
T:\AGENDA\2015\May 6\Procurement\RFQ 201 5-043-WG Audit Services for Resort Taxes and lnternal Audits - Memo.doc
163
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS,
PURSUANT TO REQUEST FOR QUAL|F|CATTONS (RFO) NO. 2015-043-WG
FOR AUDIT SERVICES FOR RESORT TAXES AND INTERNAL AUDITS;
AUTHORIZE THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH
SKJT&G, BCA WATSON RICE, KILGOUR & ASSOCIATES, RGL
FORENSICS, FOR THE RESORT TAX AUDITS PORTION OF THE RFQ;
CROWE HORWATH, PROTIVITI, BCA WATSON RICE, FOR THE INTERNAL
AUDITS PORTION OF THE RFQ; AND FURTHER AUTHORIZE THE MAYOR
AND CITY CLERK TO EXECUTE AGREEMENTS WITH THESE FIRMS UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE
ADMINISTRATION.
WHEREAS, Request for Qualifications (RFO) No. 2015-043-WG was issued on
December 19,2014 with an opening date of February 26,2014; and
WHEREAS, a voluntary pre-proposal meeting was held on December 29,2Q14; and
WHEREAS, the City received seven (7) proposals; and
WHEREAS, on April 14,2015, the City Manager via Letter to Commission (LTC) No.
144-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Laura Franco-Rubines, Assistant lnternal Auditor, Office of Budget and Performance
lmprovement, City of Miami Beach. Juan Rodriguez, CPA, Finance Department, City of Miami Beach. Maria Cerna, Division Director, Capital Improvement Projects, City of Miami Beacho Sanford Honvitz, CPA, City of Miami Beach Audit Committee. Ronald Starkman, CPA, City of Miami Beach Audit Committee
The following alternates were also appointed:
o James Sutter, CPA, lnternal Auditor Office of Budget and Performance lmprovement,
City of Miami Beach. Marie Paul, CPA, Finance Department, City of Miami Beach
WHEREAS, the Committee convened on April 24,2015 to consider 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 the proposal; and
WHEREAS, the Committee was instructed to score and rank the proposals pursuant to
the evaluation criteria established in the RFQ; and
164
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with SKJT&G, BCA Watson Rice, Kilgour
& Associates, RGL Forensics, for the Resort Tax Audits portion of the RFQ; Crowe Horurrath,
Protiviti, BCA Watson Rice, for the lnternal Audits portion of the RFQ.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pertaining to the ranking
of proposals, pursuant to Request for Qualifications No. 2015-043-WG (the RFQ), for Audit
Services for Resort Taxes and lnternal Audits; authorize the Administration to enter into
negotiations with SKJT&G, BCA Watson Rice, Kilgour & Associates, RGL Forensics, for the
Resort Tax Audits portion of the RFQ; Crowe Horurrath, Protiviti, BCA Watson Rice, for the
lnternal Audits Portion of the RFQ; and further authorize the Mayor and City Clerk to execute
Agreements with these firms upon conclusion of successful negotiations by the Administration"
PASSED AND ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
r ffi
2015.
APPROVED AS TO
FORM & IANGUAGE
&FOR EXECUTION
;L [-yb
Date
165
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The MayorAnd City Commission Of The City Of Miami Beach, Florida, Accepting
The Recommendation Of The City Manager Pursuant To Request For Proposals (RFP) No. 2015-
1 26-LR For Telecommunications Audit Services.
lntended Outcome
Ensure Expenditure Trends Are Sustainable Over the Lono Term
Data (Surveys, Environmental Scan, etc: N/A
Item Summary/Recommendation :
The Administration issued RFP 2015-126-LR to seek the proposals from qualified firms in
telecommunications invoice auditing to perform a review of the City's telecommunication accounts
with the purpose of recovering erroneous payments and to provide recommendations to the Cityfor
reducing the cost of the related services. The RFP was approved for issuance by the City
Commission on March 11,2015. The RFP was released on March 12,2015. A pre-proposal
conference to provide information to the proposers submitting a response was held on March 20,
2015. On April 10, 2015, the City received proposals from: BTU Consultants, LLC;
Communications Brokers, lnc. dba/CBlTelecommunications Consultants, Eric Ryan Corporation;
Espy Services, lnc.; S2K Consulting, lnc.; Telanalysis, LLC; and Troy & Banks, lnc.
On April 22,2015, the Evaluation Committee appointed by the City Manager convened to consider
the responsive proposals received. The Committee was instructed to score and rank the sole
proposal received pursuant to the evaluation criteria established in the lTN. 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 RFP No. 2015-
126-LR, for Telecommunications Audit Services, authorize the Administration to enter into
negotiations with the top ranked proposer, Eric Ryan Corporation. 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: S2K Consulting, lnc., and
Telanalysis, LLC. Further, the City Manager recommends the Mayor and City Clerk be authorized
to execute an Agreement upon conclusion of successful negotiations by the Administration.
RECOMMENDAT!ON
ADOPT THE RESOLUTION.
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1 N/A -
2
OBPI
3
Total
Financial lmpact Summary:
Alex Denis, Extension 6641
-Offs:
Dep;rflmgnt Director 4$tftfurt City Manager Gity tvl{nagerAW^D+141[IrA r,-=--l JLM#)_
15\M 201 5-1 26-LR Telecommunications Audit Services - SU MMARY
I
T:\AGENDA\20
AGE}IDA ITEM C7 E
aP,TE ?64{{B AAIAMIBTACH 166
g MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,I39. www.miomibeochfl.gov
MMISS N MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
the City
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF THE PROPOSALS RECEIVED,
PURSUANT TO REQUEST FOR PROPOSAL NO. 20f 5-126-LR (THE RFp), FOR
TELECOMMUNICATIONS AUDIT SERVICES; AND FURTHER AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON
CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADM INISTRATION RECOM M EN DATION
Adopt the Resolution.
FUNDING
Revenue to the City.
BACKGROUND
The Administration issued RFP 2015-126-LR to seek the proposals from qualified firms in
telecommunications invoice auditing to perform a review of the City's telecommunication
accounts with the purpose of recovering erroneous payments and to provide
recommendations to the City for reducing the cost of the related services.
The City currently uses telecommunication services provided by AT&T-under the master
agreement for telephone lines, circuit lines, DSL connections and for Wide Area Network
(WAN) circuits that provide services to over 33 buildings and facilities throughout the City. The
City has approximately 1170 phone lines,65 circuit lines, and five (5) DSL connections.
Currently, the City average monthly cost for these services is $141,000. A telecommunications
audit has not been performed in over approximately thirteen (13) years.
RFP PROCESS
The RFP was approved for issuance by the City Commission on March 11,2015. The RFP
was released on March 12, 2015. A pre-proposal conference to provide information to the
proposers submitting a response was held on March 20, 2015. On April 10, 2015, the City
received proposals from: BTU Consultants, LLC; Communications Brokers, lnc. dba/CBl
Telecommunications Consultants, Eric Ryan Corporation; Espy Services, lnc.; 52K
Consulting, lnc.; Telanalysis, LLC; and Troy & Banks, lnc.
On April 2, 2015, the City Manager appointed an Evaluation Committee (the "Committee")
consisting of the following individuals:
. Laura Franco-Rubines, Assistant lnternalAuditor, lnternal Audits, City of Miami Beach. Benjamin Nussbaum, Financial Analyst lll, Finance Department, City of Miami Beach
167
Commission Memorandum - RFP 2015-126-LR Telecommunications Audit Services
May 6, 2015
Page 2
. Jose Suarez, Division Director, lnformation Technology Department, City of Miami
Beach. Ana Zecchini, Application System Manager, lnformation Technology Department, City
of Miami Beach
Alternates:
. Francisco Quintana, System Support Manager, lnformation Technology Department,
City of Miami Beach. James Sutter, lnternal Auditor, lnternal Audits Department, City of Miami Beach. Allison Williams, Chief Accountant, Finance Department, City of Miami Beach
The Committee convened on Aprll 22,2015 to consider the proposals 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:
A brief summary of the firms and their proposal is provided below for informational purposes.
The Eric Ryan Corporation (ERC) was established in 1990 and has been providing
telecommunications audit services for 25 years. They have provide these type services to
over 6,500 clients, including government entities such as the Federal Reserve Bank of
Cleveland, University of Central Florida, City of Pittsburg, plus numerous Fortune 500
companies. ERC has identified over one and a half billion dollars in billing errors and future
savings opportunities for their clients. ERC proposed revenue sharing rate to the City of 82o/o.
RFP 201s-126-LR
Telecommunications Audit
Services
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BTU Consultants, LLC
51 b 69 6 66 6 44 6 24 6
Communications Brokers, lnc.
dba/CBl Telecommunications
Consultants
70 5 80 6 80 4 55 5 19 5
Esov Services. lnc.
50 7 59 7 54 a 3'1 7 28 7
Eric Rvan Corooration
90 J 91 1 93 1 97 6 1
S2K Consultinq, lnc.
91 2 82 3 88 2 93 2 9 2
Telanalvsis, LLC
95 1 89 2 87 J 91 3 I 2
Trov & Banks. lnc.
90 a B1 4 78 B1 4 16 4
168
Commission Memorandum - RFP 2015-126-LR Telecommunications Audit Services
May 6, 2015
Page 3
S2K Consulting, lnc. has been in business for 7 Yz years, and was designed to focus on
billing advocacy and has focused on government agency support since its inception. S2K
proposed revenue sharing to the City of 65%.
Telanalysis, LLC, is a specialized in the telecommunications consulting practice whose
principal focus is on telecommunications billing and tariff investigative management. They
have been in business for 29 years. There clientele base is diverse in business disciplines
and stature and is comprised of governments, associations, educational institutions,
commerce industries, hospitals, law firms and newspapers. They have performed well over
two thousand telecom billing audits. Talanalysis proposed revenue sharing rate to the City of
82o/o.
MANAGER'S DUE DILIGENCE & RECOMMENDATION
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
RFP No. 2015-126-LR, for Telecommunications Audit Services, authorize the Administration to
enter into negotiations with the top ranked proposer, Eric Ryan Corporation. 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: S2K
Consulting, lnc., and Telanalysis, LLC. Further, the City Manager recommends the Mayor and
City Clerk be authorized 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
Proposal (RFP) No. 2015-126-LR, for Telecommunications Audit Services.
JLM/MT/AS/AD
T:\AGENDA\20'1s\May 6\Procurement\RFP 2015-'126-LR Telecommunications Audit Services - Memo.doc
169
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS
RECEIVED, PURSUANT TO REQUEST FOR PROPOSALS NO. 2015.126-LR
(THE RFP), FOR TELECOMMUNTCATTONS AUDIT SERVICES;
AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH THE TOP-RANKED PROPOSER, ERIC RYAN CORPORATION; AND
SHOULD THE ADMINISTRATION BE UNSUCCESSFUL !N NEGOTIATING AN
AGREEMENT WITH THE TOP.RANKED PROPOSER, AUTHORIZING THE
ADMINISTRATION TO NEGOTIATE WITH THE SECOND HIGHEST RANKED
PROPOSERS, S2K GONSULTING, lNC. AND TELANALYSIS, LLC; AND
FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT UPON CONCLUSION OF SUCGESSFUL NEGOTIATIONS BY
THE ADMINISTRATION.
WHEREAS, Request for Proposal (RFP) No. 2015-126-LR was issued on March 12,
2015 with an opening date of April 1 0, 2015; and
WHEREAS, a pre-proposal conference was held on March 20,2015; and
WHEREAS, the City received seven (7) proposals from BTU Consultants, LLC;
Communications Brokers, lnc. dba/CBl Telecommunications Consultants, Eric Ryan
Corporation; Espy Services, lnc.; S2K Consulting, lnc.; Telanalysis, LLC; and Troy & Banks,
lnc.; and
WHEREAS, on April 2,2015, the City Manager via Letter to Commission appointed an
Evaluation Committee (the "Committee"), consisting of the following individuals:
. Laura Franco-Rubines, Assistant lnternal Auditor, lnternal Audits, City of Miami Beach
o Benjamin Nussbaum, Financial Analyst lll, Finance Department, City of Miami Beach
. Jose Suarez, Division Director, lnformation Technology Department, City of Miami
Beach
. Ana Zecchini, Application System Manager, lnformation Technology Department, City of
Miami Beach
Alternates:
Francisco Quintana, System Support Manager, lnformation Technology Department,
City of Miami Beach
James Sutter, lnternal Auditor, lnternal Audits Department, City of Miami Beach
Allison Williams, Chief Accountant, Finance Department, City of Miami Beach
WHEREAS, the Committee convened on April22,2015 to consider all proposals; and
WHEREAS, the Committee was provided an overview of the project, information relative
a
a
170
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 proposals pursuant to
the evaluation criteria established in the RFP; and
WHEREAS, the Committee's ranking was as follows: Eric Ryan Corporation, top-ranked;
S2K Consulting, lnc. and Telanalysis, LLC tied for second highest ranked; Troy & Banks, lnc.,
fourth highest ranked; Communications Brokers, lnc. dba/CBl Telecommunications Consultants,
fifth highest ranked; BTU Consultants, LLC, sixth highest ranked, and Espy Services, lnc.,
seventh highest ranked; and
WHEREAS, after reviewing all the submissions and the Evaluation Committee's
rankings, the City Manager exercised his due diligence and is recommending that the
Administration be authorized to enter into negotiations with the top ranked proposer, Eric Ryan
Eric Ryan Corporation, and 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: S2K Consulting, lnc., and Telanalysis, LLC. Further, the City Manager
recommends the Mayor and City Clerk be authorized to execute an Agreement upon conclusion
of successful negotiations by the Administration.
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 received, pursuant to Request for Proposals No. 2015-061-LR (the RFP), for
Telecommunications Audit Services; authorize the Administration to enter into negotiations with
top-ranked proposer, Eric Ryan Corporation; and should the Administration be unsuccessful in
negotiating an agreement with the top-ranked proposer; authorize the Administration to
negotiate with the second highest ranked proposers, S2K Consulting, lnc. and Telanalysis, 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
,6[[fSYiR6ilB'
& FOR EXECUTION(--. 4'Lq'9
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-
Dote
171
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AGCEPTING THE RECOMMENDATION OF THE CITY MANAGERTOAMEND THE
CONTRACTS WITH ALL POWER GENERATORS, CORP., AND TAW POWER SYSTEMS, INC.,
PURSUANT TO INVITATION TO BID (tTB) NO. 64-11t12, FOR PREVENTTVE MATNTENANCE
SERVICES FOR EMERGENCY GENERATORS, BYAMENDING THE ANNUALLY ESTTMATED
CONTRACT AMOUNT FROM $31,OOO.OO TO THE AMOUNT THAT IS ANNUALLY AVAILABLE
IN THE VARIOUS END.USER DEPARTMENT'S BUDGET FOR THE SUBJECT SERVICES.
Streamline The Deli Of Services T All Deoartments
Data (Survevs. Environmenta!etc: N/A
Item Summary/Recommendation:
At its December 12,2012 meeting, the City Commission accepted the City Manager's recommendation
pertaining to the award of contracts pursuant to lnvitation to Bid (lTB) No. 64-11112 for Preventive
Maintenance Services for Emergency Generators, Cityruide. The contract award was passed and adopted by
the City Commission authorizing the Administration to enter into an agreement with All Power Generators,
Corp., as the primary lowest responsive bidder, and TAW Power Systems, lnc. as the alternate second
lowest bidder (in the event that the primary is unable to perform); and further authorizing the Mayor and City
Clerk to execute agreements up to a total annually estimated amount of $31,000.
As a result, purchase orders have been issued up to the amount authorized by City Commission on
December 12,2012. However, the Department of Public Works has submitted additional purchase request
which requires the authorized annual amount to be increased.
The current contract term for these services expires on January 17,2016. The contract may be renewed by
the City, through the City Manager, for three (3) additional one (1) year terms.
The purpose of this item is to expand the annual estimated amount of this contract to accommodate for the
annually budget amounts for the services.
After considering the review and recommendation of City staff, the City Manager exercised his due diligence
and recommends that the Mayor and City Commission adopt this Resolution amending the estimated annual
contract amount from $31,000 to the annual budgeted amount available in the various end-user
Department's budget for the subject services.
RECOMMENDATION
the Resolution
Financial lnformation :
Source of
Funds:
Amount Account--
1 Subject to available funds in the budget of the various end-
user Departments for these services.
2
OBPI Total
Financial lmpact Summary:
Alex Denis. Ext. 6641
AGE}IDA fiAM C7 F# MIAAAIBilAC.H BA?G s- 6-tS172
MIAMI BEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gov
COMMIS ON MEMORANDUM
TO:Mayor Phillip Levine and Members offthe City
FROM: Jimmy L. Morales, City Manager
DATE: May6,2015
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE Clry OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY
MANAGER TO AMEND THE GONTRACTS WITH ALL POWER GENERATORS,
CORP., AND TAW POWER SYSTEMS, INC., PURSUANT TO INVITATION TO BID
(trB) No. 64-11t12, FOR PREVENTTVE MATNTENANCE SERVICES FOR
EMERGENCY GENERATORS, BY AMENDING THE ANNUALLY ESTIMATED
CONTRACT AMOUNT FROM $31,OOO.OO TO THE AMOUNT THAT IS ANNUALLY
AVAILABLE IN THE VARIOUS END.USER DEPARTMENT'S BUDGET FOR THE
SUBJECT SERVICES, AND AUTHORIZING THE MAYOR AND CIry GLERK TO
EXECUTE THE AMENDMENT.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
At its December 12, 2012 meeting, the City Commission accepted the City Manager's
recommendation pertaining to the award of contracts pursuant to lnvitation to Bid (lTB) No. 6a-
11112 for Preventive Maintenance Services for Emergency Generators, Citywide. The contract
award was passed and adopted by the City Commission authorizing the Administration to enter
into an agreement with All Power Generators, Corp., as the primary lowest responsive bidder,
and TAW Power Systems, lnc. as the alternate second lowest bidder (in the event that the
primary is unable to perform); and further authorizing the Mayor and City Clerk to execute
agreements up to a total annually estimated amount of $31,000.
As a result, purchase orders have been issued up to the amount authorized by City Commission
on December 12, 2012. However, the Department of Public Works has submitted additional
purchase request which requires the authorized annual amount to be increased.
The current contract term for these services expires on January 17,2016. The contract may be
renewed by the City, through the City Manager, for three (3) additional one (1) year terms.
The purpose of this item is to expand the annual estimated amount of this contract to
accommodate for the annually budget amounts for the services.
CITY MANAGER'S RECOMMENDATION
The City Manager recommends that the Mayor and City Commission adopt a Resolution
amending the estimated annual contract amount from $31,000 to the annual budgeted amount
available in the various end-user Department's budget for the subject services.
173
A Resolution to Amend the Contracts with All Power Generators, Corp., and TAW Power Systems, lnc., pursuant b ffB 64-11112
For Preventive Maintenance Services for Emergency Generators, by Amending the Annually Estimated Contract Amount.
May 6, 2015
Page2
CONCLUSION
The Administration recommends that the Mayor and Commission approve the Resolution
accepting the City Manager's recommendation amending the estimated annual amounts on the
contract with All Power Generators, Corp., awarded pursuant To lnvitation To Bid (lTB) No. 64-
11112, for Preventive Maintenance Services for Emergency Generators.
JLM/MT/EC/ADA/G
T:\AGENDA\201S\May 6\PROCUREMENT\Preventive Maintenance Services for Emergency Generators, Authority Increase -
MEMO FlNAL.doc
174
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER TO AMEND THE CONTRACTS WITH ALL POWER
GENERATORS, CORP., AND TAW POWER SYSTEMS, INC., PURSUANT TO
INVITATION TO BID (lTB) NO. 64-11t12, FOR PREVENTTVE MAINTENANCE
SERVICES FOR EMERGENCY GENERATORS, BY AMENDING THE
ANNUALLY ESTIMATED CONTRACT AMOUNT FROM $31,OOO.OO TO THE
AMOUNT THAT IS ANNUALLY AVAILABLE IN THE VARIOUS END.USER
DEPARTMENT'S BUDGET FOR THE SUBJECT SERVICES, AND
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
AMENDMENT.
WHEREAS, at its December 12,2012 meeting, the City Commission accepted the City
Manager's recommendation pertaining to the award of contracts pursuant to lnvitation to Bid
(lTB) No. 64-11112 for Preventive Maintenance Services for Emergency Generators, Citywide;
and
WHEREAS, the City Commission authorized the Administration to enter into agreements
with All Power Generators, Corp. as the primary lowest responsive bidder, and TAW Power
Systems, lnc. as the alternate second lowest responsive bidder (in the event that the primary is
unable to perform); and further authorized the Mayor and City Clerk to execute the agreements,
up to an estimated annual amount of $31,000; and
WHEREAS, purchase orders have been issued up to the amount authorized by City
Commission; and
WHEREAS, the Public Works Department has submitted additional purchase requests,
which requires the authorized annual amount of the agreements to be increased; and
WHEREAS, an increase would require the agreements to be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEAGH, FLORIDA, that the Mayor and City Commission hereby
accept the recommendation of the City Manager to amend the contract award pursuant to
lnvitation to Bid (lTB) No. 64-11112, to increase the estimated annual contract amount for
Preventive Maintenance Services for Emergency Generators from $31,000,1o the amount that is
annually available in the various end-user Department's budget for such services.
PASSED AND ADOPTED THIS
ATTEST:
DAY OF 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
T:\AGENDA\2O1S\May 6\PROCUREMENT\Preventive Maintenance Services for Emergency GeneqppQ@VfiE 4q[@RESo.doc fiXUt & LANGUAGE
& FOR EXECT'TION
-15a##- *
175
COMMISSION ITEM SUMMARY
Pursuant To lnvitation To Bid No. 64 1 1/12, For Pr6ye!'rtive Maintenance
for Emergency Generators, To All Power Generators, lnc., As The Prlmary Vendor And TAW
Vendor, ln The Estimated Annual Amount Of
Item Su mmarv/Raeofftmendation:
The purpose of lnvitlltlon to Bld (lTB) No.64 11112 was to establlsh a contract, by means of sealed bids, wlth a
qualified vendor(s), to provide for Prevenllve Maintenance and Repair Services for Emergency Generators,
This contract shall remaln in effect for hwo (2) years from the date of contract execution by the Mayor and Clty Clerk.
This contract may be renewed, at the sole disoretion of the City, through its City Manager, for three (3) additlonal one
(1 ) year options,
ITB No. 64 11112 was issued on September 14,2012, with a bid opening date of October 16,2012. A pre-bid
conference was held on September 26 ,2012, and three (3) addendums were issued to provide additional informationand respond to all questions submitted by the prospectlve bldders.
Fifty-eight (58) bid notices were issued, flfty{hree (53) though the BidNet system and another ive (5) through the
Procurement Divlslon. Seven (7) vendors downloaded the bid documents. Four (4) bids were received from; All
Power Generators, TAW Power Systems, lnc., Atlantic Tower Services, and Pantropic Power lnc,
Administration is recommending award to one primary and one alternate bidder(in the eventthat primary is unable to
perform) as follows: All Power Generators, as the primary lowest responsive bidder, and to TAW Power Systems,
lnc., as the alternate second lowest responsive bidder.
APPROVE THE AWARD OF THE CONTRACT.
Flnancial lnformatlon:
Source of
Fundsl
Amount Account
'l $10,000 52Q^1720-000342 Emergency Generator
Contract Maintenance,
2 $21 ,000 520-1720-000325 Emergency Generator
Reoairs & Maintenance
3
OBPI Total $31,000
Financial lmpact Summary:
AAIAMIBEACH
23
176
g MIAMIBEACH
City of Miomi Beach, 1700 Convenlion Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl,gov
COMMISSION MEMORANDUM
Mayar Mqttie Herrera Bower and Membeis of tt'rc eiry-C0mmission
Kattiie G: Brooks; lnterim cit1r Mqnage , .M, K*
Dedembor'1 2,2012 /'" /
SUBJECT: REQUEST FOR APPROVAL TO AWARD CONTRACTS PURSUANT TO
INVITATION TO BID NO. 64-{1/{2, FOR PREVENTIVE MAINTENANGE AND
REPAIR SERVICES FOR EMERGENCY GENERATORS, TO ,ALL POWER
GENERATORS, INC., AS THE PRIMARY VENDOR, AND TAW POWER
SYSTEMS, INC., AS THE SECOND.ARYVENDOR, IN AN ESTIMATED ANNUAL
AMOUNT OF $31,000.
ApMr NISTRATION RECOMME NpATrOtt
Approve the award of the contract.
KEY INTENDED OUTCOME
Ensure well-maintained facilities.
FUI!.p*rNG
Emergency Generator Contract Maintenance- 520-1 720-000325 - $2 1,000
Emergency Generator Repairs & Maintenance - 520-1720-0A0342 - $10,000
rrlrPRocE$s
Due to the aggregated expenditures estimates for generator maintenance and repairs
exceeding $25,000 for the fiscal year, the Procurement Division requested and received
specifications and a scope of work from Property Maintenance in order to establish a term
contract with fix pricing, ln the past these services were procured via a small purchase
pr0cess.
The Procurement Division issued an lnvitation to Bid No. 6411112 in orderto establish a
term contract for Preventive Maintenance and Repair Services for Emergency Generators,
ITB No. 64 11112 was issued on Septemb er 14,2012, with a bid opening date of October 16,
2012. A pre-bid conference was held on September 26,2012, and three (3) addendums
were issued to provide additional information and respond to all questions submitted by the
prospective bidders.
Fifty-eight (58) bid notices were issued, fifty-three (53) though the BidNet system and
another five (5) through the Procurement Division. Seven (7) vendors downloaded the bld
documents. Four (4) bids were received from:
r All Power Generators
TO:
FROM:
DATE:
24
177
Canmission Memorandum
ITB 64 11h2 Preventive Maintenance & Repair Seruices for Emergency Generators
December 12,2012
Page 12
o TAW Power Systems, lnc,r Atlantic Tower Services (ATS)o Pantropic Power, lnc.
The ITB stipulated that award of this contract may be presented to the lowest and best
bidders, as defined in General Conditlons 1.36. Award may be made to a primary and an
alternate bidder, in the event that the primary bidder was unable to perform in accordance
with the terms and conditions of the contract.
Prices were submitted for quarterly maintenance services for all citytryide generators to
determine the annual amount, at firm, fix rates. Please refer to Appendix 'A" for tabulated
results.
EVALUAIo_N "PF9cEqs
The Technical Review Panel (the "Panel") consisting of the following City staff members met
on November 20,2012, to review the bids received:
Herman Fung, Property Contract Coordinator
Ramon Duarte, Maintenance & Operations Superintendent
The Panel concurred with the recommendation of the Procurement Division based on the
lowest responsive bid received to award to All Power Generators, as the primary vendor, and
to TAW Power Systems, lnc., the second lowest responsive bidder, as the secondary
vendor,
All Power Generators has been in business since 200'1, and they possess an electrical
license and their technicians are certified in the City's equipment. The performance
evaluations received for All Power Generators were all eight (8) or greater. Their reference
consisted of both public and private sector entities.
GI.,TJ MANAGER'S REYIFW
After considering the review and recommendation of City staff, the lnterim City Manager
exercised her due diligence and is recommending to the Mayor and the City Commission to
award the contracts to All Power Generators, as the primary vendor, and to TAW Power
Systems, lnc,, as the second lowest responsive bidder, as the seoondary vendor.
qoNcl-usloN
Based on the aforementioned, the Administration recomrnends that the Mayor and City
Commission award contracts pursuant to lnvitation to Bid (lTB) No. 64 11112, for Preventive
Maintenance and Repair Services for Emergency Generators, to All Power Generators, as
the primary vendor, and TAW Power Systems, lnc., as the secondary vendor, in the
estimated annual of amount of $31,000.
T:\AGENDA\20 12\12-12-12\Preventive Maintenance & Repair Service for Emergency Generators - Memo.doc
25
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183
COMMISSION IIEM SUMMARY
Gondensed Title:
A Resolution Accepting $40,050 From Penrod Brothers, lnc. For The Re-Design And Development Of
Construction Documents For The Reconstruction Of Surface Lot 01a - Penrods At One Ocean Drive.
The Office of Capital lmprovement Projects (ClP) approved a Service Order in the amount of $106,538.34 on
December 6,2013 to Milian Swain & Associates, lnc. (City's Consultant) to provide Professional Services to
develop construction documents for the reconstruction of Surface Lot 01A - Penrods at One Ocean Drive.
Pursuant to the Request for Qualifications (RFa) No. 01-09/10, adopted Resolution No. 2010-27415.
The original Service Order to the Consultant includes providing a survey, geotechnical investigation, design
services, permitting services, bidding and award services, and limited construction services. The design
drawings were submitted to CIP for scope review and approval at 30%, 60% and 90% completion levels on
March 17,2014; July 7, 2014, and October 24,2014 respectively. The City provided Penrods Brothers, tnc.
(Nikki Beach) with the drawings for their review and comment at each completion level.
On October 23,2014, CIP met with Mr. Steve Savola, a representative of Nikki Beach, to discuss the design of
the parking lot. Mr. Savola presented a conceptual plan developed by their consultant, Alfredo M. Carbonell,
P.E. lnc., which included building improvements and a new lay-out for the parking lot. The proposed lay-out
was significantly different from the one developed by the City's Consultant. CIP stated to Mr. Savola that this
new lay-out would modify the original design in its entirety. The City indicated that this would have to be sent
to the Planning and Zoning Department, Transportation Department, and the Green Space and Environmental
Divisions for their review and acceptance of the new lay-out. On October 24, 2014, our Consultant was
submitting the 90% completion plans as scheduled.
CIP obtained input from these City entities regarding the proposed lay-out for the parking lot presented by
Nikki Beach, and based on their comments, it was determined that the new design was feasible. This new
design includes the conversion of a green area into parking spaces, which would require review and approval
from the Design Review Board. Alfredo M. Carbonell, P.E., lnc. will be responsible for obtaining said approval.
The Department of Tourism, Culture, and Economic Development, the lease administrator for the City, advised
Nikki Beach that the City would consider changing the lay-out to satisfy their needs as long as they would pay
for the re-design cost to bring this new conceptual drawings up to 90% Completion Level, which was the
completion phase reached by the City's Consultant. The City's Consultant provided CIP a proposal for
redesigning of the 30, 60, and 90% plan development in the amount of $40,050. After several meetings to
review and negotiate the fees proposed by the City's Consultant, the City and Nikki Beach agreed that Nikki
Beach will pay the amount of $40,050 to the City for the accepted desiqn modifications.
Adv Board Recommendation:
Financial lnformation :
Build and maintain priority infrastructure with full accountability.
Supporting Data (Surveys, Environmental Scan, etc.):
The 2012 Customer Satisfaction Survey indicated that over 81o/o of residents rated recently completed capital
improvement proiects as "excellent" or
N/A
Financial lmpact Summary: Penrods Brothers, lnc. (Nikki Beach) has agreed to pay $40,050 for the re-
design cost to bring this new conceptual drawings up to g0% Completion Level, which was the completion
Max Sklar, ext. 6116
T:\AGENDA\201
&
-
AGENDA fiETT C7 G
DArE 5-6-I)MIAMIBEACH 184
MIAMIBEACH
City of Miomi Beoch, ,)700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Me of the City mtsston
Jimmy Morales, City Manager
May 6, 2015
A RESOLUTION OF THE MAY
TO:
FROM:
DATE:
SUBJECT:AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
ADMINSITRATION TO ACCEPT $4O,O5O FROM PENROD BROTHERS, !NC.
FOR THE RE.DESIGN AND DEVELOPMENT OF CONSTRUCTION
DOCUMENTS FOR THE RECONSTRUCTION OF SURFACE LOT O,lA -
PENRODS AT ONE OCEAN DRIVE.
ADMINISTRATION RECOMM ENDATION
Adopt the Resolution.
BACKGROUND
The Office of Capital lmprovement Projects (ClP) approved a Service Order in the amount of
$106,538.34 on December 6, 2013 to Milian Swain & Associates, lnc. (City's Consultant) to
provide Professional Services to develop construction documents for the reconstruction of
Surface Lot 01A - Penrods at One Ocean Drive. Pursuant to the Request for Qualifications
(RFO) No. 01-09/1 0, authorized pursuant to Resolution No. 2010-27415.
The original Service Order to the Consultant includes providing a survey, geotechnical
investigation, design services, permitting services, bidding and award services, and limited
construction services. The design drawings (City's Conceptual Plan) were submitted to CIP for
scope review and approval at 30%, 60% and 90% completion levels on March 17, 2014; July 7,
2014, and October 24, 2014 respectively. The City provided Penrods Brothers, lnc. (Nikki
Beach) with the drawings for their review and comment at each completion level.
On October 23, 2Q14, CIP met with Mr. Steve Savola, a representative of Nikki Beach, to
discuss the design of the parking lot. Mr. Savola presented a conceptual plan developed by
their consultant, Alfredo M. Carbonell, P.E. lnc., which included building improvements and a
new lay-out for the parking lot (Nikki Beach Conceptual Plan). The proposed Nikki Beach
Conceptual Plan was significantly different from the one developed by the City's Consultant.
CIP stated to Mr. Savola that this new lay-out would modify the original design in its entirety.
The City indicated that this would have to be sent to the Planning and Zoning Department,
Transportation Department, and the Green Space and Environmental Divisions for their review
and acceptance of the new lay-out. On October 24, 2014, our Consultant was submitting the
90% completion plans as scheduled.
CIP obtained input from these City entities regarding the proposed Nikki Beach Conceptual
Plan, and based on their comments, it was determined that the new design was feasible. This
new design includes the conversion of a green area into parking spaces, which would requlre
185
Commission Memorandum
Penrods Redesign of Surface Lot 01A
May 6,2015
Page 2 of 2
review and approval from the Design Review Board. Alfredo M. Carbonell, P.E., lnc. will be
responsible for obtaining said approval.
The Department of Tourism, Culture, and Economic Development, the lease administrator for
the City, advised Nikki Beach that the City would consider changing the lay-out to accommodate
the Nikki Beach Conceptual Plan so long as Nikki Beach paid for the re-design cost to bring this
new conceptual drawings up to 90% Completion Level, which was the completion phase
reached by the City's Consultant.
The City's Consultant provided CIP a proposal for the cost of redesigning the City's Conceptual
Plan as requested by Nikki Beach, in the amount of $40,050. After several meetings to review
and negotiate the fees proposed by the City's Consultant, the City and Nikki Beach agreed that
Nikki Beach will pay the amount of $40,050 to the City for the accepted design modifications.
CONCLUSION AND RECOMMENDATION
The Administration recommends the Mayor and City Commission adopt the resolution
approving and authorizing the Administration to accept $40,050 from Penrods Brother, lnc.
(Nikki Beach) for the re-design cost to bring the Nikki Beach Conceptual Plan up to 90%
Completion Level, which was the completion phase reached by the City's Consultant.
JLM/KGB/MAS
T:\AGEN DA\201 S\May\TCED\Penrods\Penrods Memo.docx
186
,\/\
L-l
ONE OCEAN DRIVE, MIAMI BEACH,
iliifit brfrcl
t lin4v;vBe,o,tA,
FL 33139 | 305-538-1111 | www.nikkibeach.com
Aprit 1oth, 2015
City of Miami Beach
Tourism, Culture and Economic Development Department
1755 Meridian Avenue Suite 500
Miami Beach, FL 33139
Re: Surface Lot 1A- One Ocean Drive, New Layout Proposal
Attention Max Sktar:
Please be advised that Nikki Beach has agreed to provide check to City of Miami Beach for the
change order amount (S40k) from Milian, Swain & Associates. This change order atlows Milian,
Swain & Associates to redesign and bring up to 90% construction documents the proposed Nikki
Beach Surface Parking Lot Design by Atfredo M. Carbonett P.E. lnc.
Witt anything be needed from Nikki Beach in order for this resotution to be created and
adopted? Ptease advise so that we can expedite in a timely manner.
Thank you very much for your assistance.
-Nikki Beach Management
187
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE ADMINSITRATION TO ACCEPT $4O,O5O FROM PENROD
BROTHERS, INC. FOR THE RE-DESIGN AND DEVELOPMENT OF
CONSTRUCTION DOCUMENTS FOR THE RECONSTRUCTION OF
SURFACE LOT O1A- PENRODS AT ONE OCEAN DRIVE.
WHEREAS, the Office of Capital lmprovement Projects (ClP) approved a Service Order in
the amount of $106,538.34 on December 6,2013 to Milian Swain & Associates, lnc. (City's
Consultant) to provide Professional Services to develop construction documents for the
reconstruction of Surface Lot 01A - Penrods at One Ocean Drive, pursuant to the Request for
Qualifications (RFQ) No. 01-09/10, authorized pursuant to Resolution No. 2010-27415; and
WHEREAS, the original Service Order to the City's Consultant included providing a survey,
geotechnical investigation, design services, permitting services, bidding and award services, and
limited construction services; and
WHEREAS, the design drawings (City's Conceptual Plan) were submitted to CIP for scope
review and approval at 30%, 60% and 90% completion levels on March 17, 2014; July 7, 2014,
and October 24, 2014, respectively, and the City provided Penrods Brothers, lnc. (Nikki Beach)
with the City's Conceptual Plan for their review and comment at each completion level; and
WHEREAS, on October 23,2014, CIP met with Nikki Beach to discuss the design of the
parking lot and Nikki Beach presented a conceptual plan developed by their consultant, Alfredo M.
Carbonell, P.E. lnc., which included building improvements and a new lay-out for the parking lot
(Nikki Beach Conceptual Plan); and
WHEREAS, the proposed Nikki Beach Conceptual Plan was significantly different from the
City's Conceptual Plan and therefore had to be submitted to the City's Planning and Zoning
Department, Transportation Department, and the Green Space and Environmental Divisions for
their review and approval; and
WHEREAS, it was determined that the Nikki Beach Conceptual Plan was feasible, but
would require review and approval from the Design Review Board, because it includes the
conversion of a green area into parking spaces, for which Nikki Beach will be responsible for
obtaining said approval; and
WHEREAS, the Department of Tourism, Culture, and Economic Development, lease
administrator for the City, advised Nikki Beach that the City would consider changing the design to
accommodate the Nikki Beach Conceptual Plan so long as Nikki Beach paid for the re-design cost
to bring the Nikki Conceptual Plan drawings up to 90% Completion Level (Redesign Costs), which
was the completion phase reached by the City's Consultant; and
WHEREAS, the City's Consultant provided CIP a proposal for the Redesign Costs, in the
amount of $40,050, and Nikki Beach agreed to pay for said Redesign Costs.
188
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approve and authorize the
Administration to accept $40,050 from Penrod Brothers, lnc. for the re-design and development of
construction documents for the reconstruction of Surface Lot 01A - Penrods at One Ocean Drive.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Glerk
T:\AGE NDAV0 1 S\May\TCED\Penrods\Penrods RESO.docx
Philip Levine, Mayor
2015.
189
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Accepting The Recommendation Of The Finance And Citywide Projects Committee And Of The City
Manager, And Waiving, By 5/7ths Vote, The Competitive Bidding Requirement, And Approving And Authorizing The Mayor
And City Clerk To Execute A Concession Agreement, Between The City and Blissberry, LLC, For The Management And
Operation Of The Food And Beverage Concession, Located ln The South Pointe Park Pavilion Building, Consisting Of
Approximately 240 Square Feet, Having A Term Of Five (5) Years, Without Any Renewal Options, Commencing On
December 1,2015 And Ending On November 30,2015.
lntended Outcome
N/A
Supporting Data (Surveys, Environmental Scan, etc.):
N/A
!tem
On May 12,2010, the City approved the issuance of Request for Proposals (RFP) No. 34-09/10, for the management and
operation of a food and beverage concession located in a portion of the South Pointe Park Pavilion Building. Blissberry,
LLC was the top-ranked firm and on September 15, 2010, the City adopted Resolution No.2010-27485, authorizing to
enter into negotiations and to execute a Concession Agreement upon conclusion of successful negotiations.
The City and Concessionaire executed a Concession Agreement, dated November 24,2010, for an initial term of two (2)
years commencing on December 1,2010, with three (3) renewal options for one (1) year each. The Concessionaire
exercised all three (3) renewal options and the Concession Agreement is scheduled to end on November 30,2015.
Concessionaire currently pays a Concession Fee equal to fifteen percent (15%) of gross sales, including a MG of $9,71 1.
Concessionaire paid a total Concession Fee of $33,700 for the contract year ending November 30,2014.
The Concessionaire submitted a letter requesting a five (5) year extension to the Concession Agreement. The
Administration submitted Concessionaire's request at the March 2, 2015 Finance and Citywide Projects Committee
(FCWPC) meeting. The FCWPC recommended: 1) extending the term for five (5) years and 2) increasing the annual
Minimum Guarantee (MG) to $25,000, payable in quarterly installments of $6,250 each.
Subsequent to the March 2, 2015 FCWPC meeting, Concessionaire additionally requested the Concession Fee be
reduced from fifteen percent (15%) to ten percent (10%) of gross sales. Concessionaire's request for a reduced
Concession Fee was submitted to the FCWPC at its April 8, 2015 meeting. The FCWPC recommended reducing the
Concession Fee from fifteen percent (15%) to ten percent (10%) of gross sales.
Additionally, the City Manager recommended the waiver, by 5/7th vote, of the competitive bidding requirement, as being in
the best interest of the City, as required pursuant to Section 2-367(e) of the City Code.
The Administration recommends that the City Commission adopt the recommendations of the FCWPC from its March 2,
2015 and April 8, 2015 meetings, and of the City Manager, and approve a new Concession Agreement.
Board Recom on:
Max Sklar, ext. 611
T.\AGENDA\2015 lissberry\Blissbeny SU ltl (5-6-1 5).docx
AGEHDA ITEM C7 HE MIAMIBEACH DATE 5-6-(T190
MIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33'l39, www.miomibeochfl.gou
COMMISSION MEMORANDUM
Mayor Philip Levine and of the City
Jimmy Morales, City Manager
May 6, 2015
A RESOLUTION OF THE MA
TO:
FROM:
DATE:
SUBJECT:AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE
RECOMMENDATION OF THE FINANCE AND CITYWIDE PROJEGTS
COMMISSION COMMITTEE AND OF TI{E CITY MANAGER, AND
WAIVING, BY 5I7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST
INTEREST OF THE GITY; AND APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONCESSION
AGREEMENT BETWEEN THE CITY AND BLISSBERRY, LLC FOR
THE MANAGEMENT AND OPERATION OF THE FOOD AND
BEVERAGE CONCESSION, LOGATED IN A PORTION OF THE
SOUTH POINTE PARK PAVILION BUILDING, CONSISTING OF
APPROXIMATELY 240 SQUARE FEET; SAID CONCESSION
AGREEMENT HAVING A TERM OF FIVE (5) YEARS, WITHOUT ANY
RENEWAL OPTIONS, COMMENCING ON DEGEMBER 1, 2015 AND
ENDING NOVEMBER 30, 2020.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BAGKGROUND
On May 12, 2010, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) No. 34-09/10, for the management and operation of a food and beverage
concession located in a portion of the South Pointe Park Pavilion Building.
Concessionaire was the top-ranked firm and on September 15, 2010, the Mayor and City
Commission adopted Resolution No. 2010-27485, authorizing the Administration to enter into
negotiations with Concessionaire; and further authorizing the Mayor and City Clerk to execute
an agreement, upon conclusion of successful negotiations.
ANALYSIS
The City and Concessionaire are parties to a Concession Agreement (attached hereto as
"Exhibit A"), dated November 24, 2010, for the management and operation of a food and
beverage concession located in a portion of the South Pointe Park Pavilion Building.
The basic terms and conditions of the Concession Agreement are as follows:
191
Commission Memorandum
Blissberry, LLC - Concession Agreement
May 6, 2015
Page 2 of 3
Concession Area:
lnitialTerm:
Renewal Options:
Goncession Fee:
Minimum Guarantee:
A portion of the South Pointe Park Pavilion Building, consisting of
approximately 240 square feet
Two (2) years commencing on December 1, 2010 and ending on
November 30,2012
Three (3) renewal options for one (1) year each
Fifteen percent (15Yo) of gross sales
Nine thousand dollars ($9,000) annually, paid at the beginning of
each contract year, with Consumer Price lndex (CPl) increases
annually, starting in the third year
For the first four (4) years of the Concession Agreement, Concessionaire's gross sales, and the
corresponding fees paid to the City, are illustrated in the following chart:
Contract Gross
Year Period Sales % lncrease
1',r' 12/LO- LL/LL 74,652
2 72/LL- 1L/L2 L24,U6 67%
3 L2lL2- Lt/r3 t74,2q q%
4 L2lL3- 7L/I4 224,666 29%
598,404
True-Up Total
(15%ofGrossl Rent
2,L98 LL,L98
9,727 18,727
16,560 26,L36
23,989 33,700
76L
Minimum
Guarantee
9,000
9,000
9,576
9,7LL
*Reflects Eight (8) Months of Sales Due to Delayed Opening
Concessionaire is currently in its final renewal term, ending on November 30, 2015, and has
submitted a letter to the City (attached hereto as "Exhibit B'), requesting to extend the
Concession Agreement for a period of five (5) years.
FINANCE AND CITYWIDE PROJECTS COMMITTEE
At the March 2, 2015 Finance and Citywide Projects Committee (FCWPC) meeting, the
Administration presented this item and recommended, in the event the FCWPC agreed to
extend the Concession Agreement, to maintain the Concession Fee at fifteen percent (15o/o) of
gross sales. However, based on recent conversations with the Concessionaire, and the
average of the last two (2) years of actual gross sales, the Administration recommended
increasing the Minimum Guarantee to thirty thousand dollars ($30,000) annually, payable in
equal quarterly installments of seven thousand dollars ($7,500) each.
The FCWPC Committee considered this matter and recommended extending the term for a
period of five (5) years; and further recommended increasing the Minimum Guarantee to twenty
five thousand dollars ($25,000) annually, payable in equal quarterly installments of six thousand
two hundred and fifty dollars ($6,250) each.
Subsequent to the March 2, 20'15 recommendation of the FCWPC, the Concessionaire
determined that the Concession Fee of fifteen percent (15Yo) of gross sales was not sustainable
and requested that the Concession Fee be reduced to ten percent (10Vo) of gross sales.
192
Commission Memorandum
Blissberry, LLC - Concession Agreement
May 6, 2015
Page 3 of 3
The Administration submitted the Concessionaire's request to reduce the Concession Fee to the
Finance and Citywide Projects Committee (FCWPC) at its April 8, 2015 meeting, and the
FCWPC recommended reducing the Concession Fee from fifteen percent (15Yo) of gross sales
to ten percent (1oo/o) of gross sales.
CONCLUSION AND RECOMMENDATION
The City Manager is hereby recommending the waiver, by 5/7th vote, of the competitive bidding
requirement, as being in the best interest of the City, as required pursuant to Section 2-367(e) ot
the City Code.
The Administration recommends in favor of accepting the recommendations of the FCWPC and
Exhibits:
A Concession Agreement
B Letter From Concessionaire
T:\AGENDAV0l 5\May\TCED\Blissberry\Blissberry MEMO (5-6-1 5).docx
193
{L
Exhibit A
Blissberry, LLC
Concession
Agreement
194
SECTION
1.
2.
2.1
3.
3.1
3.3
3.4
4.
4.1
4.2
4.3
4.4
5.
6.
7.
8.
9.
10.
10.1
10.2
10.3
10.4
10.5
10.6
11.
12.
12.4
12.5
12.6
13.
13.1
13.2
13.3
13.4
13.5
13.6
'|.3.7
INDEX
TITLE PAGE
195
SECTION
14.
15.
16.
16.2
16.3
17.
18.
19.
20.
20.1
20.2
20.s
21.
21.1
21.2
2'.1.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10
21.11
21.12
21.13
22.
23.
TITLE PAGE
196
CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
BLISSBERRY, LLC
FOR MANAGEMENT AND OPERATION OF A FOOD & BEVERAGE CONCESSION
IN A PORTION OF THE SOUTH POINTE PARK PAVILION BUILDING
THIS AGREEMENT rnade the 24th day of November, z}l},between the CITY OF MIAMI
BEACH, a municipal corporation of the State of Florida (hereinafter called "City"), having its
principal address at 1700 Convention Center Drive, Miami Beach, Florida, 33139, and
BLISSBERRY, LLC, a Florida limited liability company, having its principal place of
business at 332 Lincoln Road, Miami Beach, Florida, 33139, (d/b/a Blissberry and
hereinafter called "Concessionaire").
WTNESSETH
WHEREAS, on May 12,2010, the Mayor and City Commission approved the issuance of
Request for Proposals (RFP) No. 34-09/10, for a the management and operation of a
concession facility within a portion of the structure commonly referred to as the "Pavilion
Building'located in South Pointe Park; and
WHEREAS, Concessionaire was the top-ranked finn; and
WHEREAS, on September 15,2010, the Mayorand CityCommission adopted Resolution
No. 2010-27485, authorizing the Administration to enter into negotiations with
Concessionaire; and further authorizing the Mayor and City Clerk to execute an agreement,
upon conclusion of successful negotiations; and
WHEREAS, accordingly, the City and Concessionaire have negotiated the following
Concession Agreernent.
NOW THEREFORE, in consideration of the premises and the mutual covenants and
conditions herein contained and other good and valuable consideration, the receipt and
adequacy of which are hereby conclusively acknowledged, it is agreed by the parties
hereto as follows:
The City hereby granB to the Concessionaire, and the Concessionaire hereby accepts
from the City, the right to maintain, manage and operate atood and beverage concession
within the Concession Area (as hereinafterdefined), in accordance with the purpose(s) and
forthe tenn(s) stated herein, and subject to all the lerms and conditions herein contained.
SECTION 1. TERM.
1.1 This Agreement shall commence on the 1't day of December, 2010 (the
"Commencement Date"), and terminate on the 30rh day of November,2012
(the Term).
197
For purposes of this Agreement, a "contract year" shall be defined as that
certain period commencing on the 1tt day of December, and ending on the
30rh day of November.
1.2 Provided that the Concessionaire is not in default under Section 13 herein,
and at the City Manager's sole discretion, and upon written notice from
Concessionaire of its intent to renew, which notice shall be given no less
than thirty (30) days prior to the expiration of the initialterm (or any renewal
term, as the case may be), the City Manager may extend the term of this
Agreement, upon the same terms and conditions, forthree (3) individualone
(1) year renewal terms. Any such renewal rnay require Concessionaire to
purchase new equipment for the renewal term, subject to the prior written
approvalof the City Manager.
SECTION 2. CONCESSION AREA.
The City hereby grants to Concessionaire the right, during lhe Term herein, to maintain,
manage and operate a food and beverage concession in the following Concession Area:
2.1 Concession Area within the Pavilion Buildinq:
An area comprised of 240 squarefeetwithin the Pavilion Building, located at
3 South Washington Avenue and as further delineated in Exhibit 2.1 hereto.
2.2 Notwithstanding the Conoession Area granted to Concessionaire in Section
2.1, Concessionaire hereby understands, agrees, and acknowledges thatthe
Concession Area, along with any and all other public facilities in South Pointe
Park not specifically identified herein is intended to be open and available to
the public and, as such, must remain available forthe use and enjoyment of
the general public. Notwithstanding the preceding, Concessionaire may
designate areas within the Concession Area which shall not be open to
and/or accessible to the general public (e.9. "kitchen areas, pantries, and/or
storage closets, etc.).
SECTION 3. USE(S).
Concessionaire is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services within the Concession Area, all at its sole expense
and responsibili$:
Food and Beveraoe Service.
3.1.1 Concessionaire shall prepare, or cause to be prepared, forsalewithin
and from the Concession Area, such pre-cooked, prepared, andlor
prepackaged foods and such non-alcoholic beverages as those set
forth in Exhibit 3.1.1. The City Manager hereby approves the types of
food and beverages, and prices for same (as those set forth in Exhibit
3.1 . 1). Any amendments to Exhibit 3.1 .1 , whether as to type of food
and beverages to be sold, or as to changes in prices for same, must
be approved in writing by the City Manager or his designee, such
approval not to be unreasonably withheld, delayed or conditioned,
priorto such changes being implemented within the Concession Area,
3.1
198
3.1.2
3.1.3
3.1.4
3.1.5
3.1.6
and a new updatd Exhibit 3.1.1 will be incorporated into this
Agreement.
All food and beverages sold within the Concession Area will be
prepared using only the equipment and/or methodology approved by
the City and as set forth in Exhibit 3.1.2. as well as properly prepared
and served in compliance with all applicable health and sanitary
standards, laws and regulations.
The quality of food, beverages, and service offered will be first-rate
and comparable to that available at other public concession facilities
at world class resorts on par with the City of Miami Beach.
ln addition to Concessionaire's general maintenance obligations for
the Concession Area, as set forth in Section 10 herein, the
Concession Area and the immediately surrounding ten (10) foot
adjacent areas, shall at all times be maintained in a clean and
sanitary manner.
At least one supervisory employee must possess a Food Service
Management Certification issued by a County Public Health
Department in Florida. ln addition, the Concession Area rnust be
licensed by the Florida Department of Business Regulation, Division
of Hotels and Restaurants, and/or the Departmenl of Agriculture,
and/or as may further be required by State law and/or by
corresponding agencies.
Concessionaire agrees not to place any speakers, or any other device
used to amplify sound, in, on or around the Concession Area.
3.3 Cfu Business Tax Receipts.
Concessionaire shall obtain, at its sole expense and responsibility, any
business tax receipts required by the City for the proposed use(s)
contemplated herein. To the extent required by City law (as sarne may be
amended from time to time), business tax receipts shall be obtained for each
proposed use within a particular Concession Area.
3.4 Parkinq.
Concessionaire may request from the City's Parking Department, the use of
one (1) designated parking space at the Municipal Parking Lot P1 (South
Pointe Park parking lo0 for delivery vehicle use only. The rate for said
parking spaoe is subject to change, and is currently Seventy Dollars ($70.00)
per month, plus applicable sales and use tiax per space.
sEcTtoN 4. coNcESStoN FEEq
4.1 Minimum Guarantee (MG):
ln consideration of the Crty's granting of the rights provided in this
Agreement, on the 1't day of eicn contract yearlurinb tne Term, the
199
4.2
Concessionaire shall pay to the City a Minimum Guaranteed Annual
Concession Fee (MG) of Nine Thousand ($9,000.00) Dollars.
Commencing with the third contract year (i.e. the first renewalterm), and
every subsequent contract year during the Term hereof, Concessionaire
agrees that the MG shall be adjusted upward on the first day of each
contract year during the Term hereof by the percentage change of the
"Base Number' and the "Current Numbe/' in the Consumer Price lndex -
All Urban Consumers - U.S. Food and Beverages - CUUR0000SAf, as
published by the Bureau of Labor Statistics of the U.S. Department of
Labor, or of any revised or successor index hereafter published by the
Bureau of Labor Statistics or other agency of the United States
Governmentsucceeding to its functions ('CPl'). The Base Numbershallbe
the index for that month (i.e. July) and year which is four (4) months prior to
the Commencement Date of this Agreement (the "Base Month'). The
Current Number shall be the latest CPI published for the Base Month of
each calendar year during the term of the ferm of this Agreement.
Percentaoe of Gross (PG) vs. MG:
For each contract year during the Term, in the event that the amount equal to
fifteen (15%) percent of Concessionaire's gross receipts (PG) exceeds the
MG amount, then Concessionaire shall also pay to the City the difference
between the PG amount and the MG amount, which payment shall be
received no later than sixty (60) days after the end of each contract year.
The term "gross receipts" is understood to rnean all income, whether
collected or accrued, derived by Concessionaire under this Agreement, or
any licensee, sub-concessionaire, or sub-tenant, as Concessionaire, from all
business conducted upon or from the Concession Area, including but not
limited to receipts from sale of food and beverages. The term "gross receipts'
shall exclude amounts of any Federa!, State, or City sales tax, or other tax,
governmental imposition, assessment, charge or expense of any kind,
collected by the Concessionaire from customers and required by law to be
remitted to the taxing or other governmental authority.
lnterest for Late Pavment.
Any payment which Concessionaire is required to make to the City which is
not paid on or before the respective date provided for in this Agreement shall
be subject to interest at the rate of twelve (12o/o) percent per annum, or the
maximum amount allowable under Florida law, whichever is greater, from the
due date of payment until such time as payment is actually received by the
City.
Sales and Use Tax.
It is also understood thatthe required Florida State Sales and Use Tax shall
be added to Concessionaire's payments and forwarded to the City as part of
said payments. lt is the City's intent that it is to receive all payrnents due from
Concessionaire as net of such Florida State Sales and Use Tax.
4.3
4.4
200
sEcTroN 5. MATNTENANCE ANp EMMINATTON OF RECORDg
Concessionaire shall maintain current, accurate, and complete financial records, on an
accrual basis, related to its operations pursuant to this Agreement. Systems and
procedures used to maintain these records shall include a system of internalcontrols; all
accounting records shall be maintained in accordance with generally accepted accounting
principles; and shall be open to inspection, copying, and audit by the City Manager or his
designee upon reasonable verbal or written notice, during normal hours of operation.
Concessionaire shall maintain all such records at its principal office, currently located at
332 Lincoln Road. Miami Beach. Florida. 33139, or, if rnoved to another location, all such
records shall be relocated, at Concessionaire's sole expense, to a location in Miarni Beach,
within ten (10) days from notice of request for inspection from the City. Such records and
accounts shall include, at a minimum, a breakdown of gross receipts, expenses, and profit
and loss statements. Concessionaire shallmaintain accurate receipt-printing cash registers
(or a like alternative) in the Concession Area which will record and show the payment for
every sale made or service provided in such Area. Such other records shall be maintained
as would be required by an independent CPA in order to audit a statement of annual gross
receipts and profit and loss statement pursuant to generally accepted accounting
principles. Concessionaire records shallalso be rnaintained fora period of three (3) years
following expiration (or other termination) of this Agreement (regardless of whether such
termination results from the expiration of the Term or for any other reason).
Concessionaire shallsubmit to the City Finance Department's Revenue Manager, within
sirily (60) days of the end of each contracl year, an annua! statement of gross receipts, in a
form consistent with generally accepted accounting principles.
sEciloN 6. |NSPECTION AND AUD|T.
The City Manager or his designee shall be entitled to audit Concessionaire's records as
often as he/she deems necessary throughout the Term, and three (3) times within the three
(3) year period following expiration (or othertermination) of this Agreement. The City shall
be responsible for paying all costs associated with such audit(s), unless the audit(s) reveals
a deficiency of five (5%) percent or more in Concessionaire's statement of gross receipts
for any year or years audited, in which case Concessionaire shall pay to the City, within
thirty (30) days of the City deeming the audit final, the cost of the audit and a sum equal to
the amount of the deficiency revealed by the audit, plus interest. These audits are in
addition to periodic City audits of Resort Tax cotlections and payments (which are
performed separately).
It is Concessionaire's intent to stay infonned of comments and suggestions by the City
regarding Concessionaire's performance underthe Agreement. \Mthin thirty (30) days after
the end of each contract year, Concessionaire and the City may meet to review
Concessionaire's performance under the Agreement for the previous contract year. At the
meeting, Concessionaire and the City may discuss quality, operational, maintenance and
any other issues regarding Concessionaire's performance under the Agreement.
Nothing contained within this Section shall preclude the City's audit rights for Resort Tax
collection puposes.
SECTION 7. TAXES. ASSESSMENTS. AND UTILITIES.
Concessionaire agrees and shallpay, before delinquency, alltaxes and assessments of
201
any kind (including, without limitation, ad valorem taxes, if assessed, and/or ResortTaxes)
levied or assessed upon Concessionaire and/or the Concession Area including, without
limitation, anysuch taxes and/or assessments that may be levied and/orassessed against
Concessionaire and/or the Concession Area by reason of this Agreement, or by reason of
the business or other operations and/or activities of Concessionaire upon or in connection
with the Concession Area.
Concessionaire will have the right, at its own expense, to contest the amount or validity, in
whole or in part, of any tax and/or assessment by appropriate proceedings, which
Concessionaire shallconduct diligently and continuously, in good faith. Concessionaire
may refrain from paying a tax to the extent it is contesting the imposition of same in a
manner that is in accordance with law; provided, however, if, as a result of such contest,
additionaldelinquencycharges become due, Concessionaire shallbe responsible forsuch
delinquency charges, in addition to payment of the contested tax (if so ordered).
Concessionaire shallbe solely responsibleforand shallpromptly paywhen due allcharges
for utility seruice(s) provided to the Concession Area (including all hook-upfees and impact
fees) for gas, electricity, water, sewer, cable, telephone, trash collection, etc.
Notwithstanding the preceding paragraph, the City shall charge Concessionaire a flat fee
for 1) electricity, in the amount of One Hundred Twenty ($120.00) Dollars per month; and
2) water usage, in the amount of Forg ($40.00) Dollars per month. The City reserves the
right, at its sole discretion, to adjust the flat monthly fees charged to Concessionaire for
electric and water use at any time during the Term, upon thirty (30) days priorwritten notice
to Concessionaire.
ln addition to other rights and remedies hereinafler reserved to the City, upon the failure of
Concessionaire to pay tor such utility seruices when due, the City may elect to pay same
and Concessionaire shall promptly reimburse the Cig upon demand. ln no event shallthe
City be liable, whether to Concessionaire or to third parlies, lor an interuption or failure in
the supply of any utilities services to the Concession Area.
SECTION 8. EMPLOYEES AND INDEPENDENT CONTMCTORS.
8.1 Concessionaire shall select, train, employ (or otherwise hire or retain) such
number of employees and/or independent contractors as is necessary and
appropriate for Concessionaire to satisfy its responsibilities hereunder, and
as necessary to maintain the same levels of service as exist in similar first
class concession facilities and operations. Concessionaire's employees
and/or independent contractors shall be employees and/or independent
contractors of Concessionaire and not of the City, and Concessionaire shall
be solely responsible for their supervision and daily direction and control.
Concessionaire shall be solely responsible for, and have the sole authority to
hire, terminate and discipline any and all personnel and/or contractors
employed or retained by Concessionaire.
8.2 Concessionaire and its employees and/or independent contractors shallwear
identification badges and uniforms approved by the City, such approval not
to be unreasonably withheld, delayed or conditioned, during all hours of
202
operation. All employees and/or independent contractors shall observe all
the graces of personalgrooming. Concessionaire shall hire people to work in
its operation who are neat, clean, wellgroomed, and comportthemselves in
a professionaland courteous manner. Concessionaire and any persons hired
and/or retained by Concessionaire shall never have been convicted of a
felony (excluding traffic offenses).
Concessionaire shall have an experienced manager or managers overseeing
the concession operations at alltimes.
SECTION 9. HOURS OF OPERATION.
The Concession Area shall be open for business every day of the year, weather or events
of force majeure permitting. Concessionaire's minimum hours of operation shall be:
9:00 AM to 7:00 PM or Sunset (whichever occurs earlier)
Any change in the hours of operation inctuding, without lirit"tion, any request by
Concessionaire for an increase or decrease in same, shall be subject to the prior written
approval of the City Manager or his designee, which approval, if granted at all, shall be al
the City Manager's (or his designee's) sole option and discretion.
SECTION 10. IMPROVEMENTS. ITTIAINTENANCE. REPAIR and OPEMTION.
Concessionaire accepts the use of the Concession Area in its "AS lS" "WHERE lS"
condition. Concessionaire assumes sole responsibility and expense for maintenance of the
Concession Area (including all furniture, fixtures, equipment and any other improvements
thereon). This shall include, without limitation, daily (i.e. 365 days) removal of litter,
garbage and debris. Concessionaire shall also be responsible for all garbage disposal
generated by its operations.
10.1 lmprovements.
10.1.1 Any improvements to the Concession Area shall be at
Concessionaire's sole expense and responsibility; provided, however,
that any plans for such improvements shall be submitted to the City
Manager or his designee for prior written approval, such approval not
to be unreasonably withheld, delayed or conditioned, and a list of the
approved improvements shall be attached hereto as Exhibit 10.1.1.
Upon termination and/or expiration of this Agreernent, all personal
property and non-permanent trade fixtures may be removed by
Concessionaire without causing damage to the Concession Area.
All permanent (fixed) improvements to the Concession Area shall
remain the property of the City upon termination andlor expiration of
this Agreement, except as provided in Subsection 10.1.2.
Concessionaire will permit no liens to attach to the Concession Area
arising from, connected with, or related to, the design, construction,
and installatlon of any improvements.
10
203
10.1.2
10.1.3
Construction of any approved improvements shall be diligently
prosecuted to completion and accomplished through the use of
licensed, reputable contractors who are acceptable to the City
Manager or his designee. ln addition to obtaining the prior approvalof
the City Manager or his designee (acting on behalf of the City, in a
proprietary capacity), Concessionaire shall also be solely responsible
for obtaining, at its sole cost and expense, any and all permits,
licenses, and/or regulatory approvals; such regulatory approvals
which may include, without limitation, land use board and/or the
approvals of other required regulatory agencies having jurisdiction)
required for the construction of improvements.
Notwithstanding Subsection 10.1.1 hereof, upon termination and/or
expiration of this Agreement, Concessionaire shall immediately
remove any permanent improvernents made to the Concession Area
during the Term, at Concessionaire's sole expense and responsibility.
ln such event, Concessionaire shall also restore the Concession Area
to its original condition prior to the improvements being made,
reasonable wear and tear excepted.
The above requirements for submission of plans and the use of
specific contractors shall not apply to improvements (which term, for
purposes of this subsection 10.1.3 only, shall also include
improvements necessa ry for Concessionaire's ongoin g rna intenance
and repair of the Concession Area) which do not exceed Five
Hundred ($500.00) Dollars; provided that the work is not structural,
and provided further that it is permitted by applicable law.
Garbaoe Receptacles.
With respect to litter, garbage and debris removal, Concessionaire shall
provide, at its sole expense, a suflicient number of trash receptacles for its
own use and for the use of its patrons. Determination of the "numbe/' of
receptacles shall at all times be within the City Manager or his designee's
sole discretion. Disposal of the contents of said receptacles (and rernoval of
litter, garbage and debris within the Concession Area), shall be done on a
daily (i.e. 365 days) basis. Any costs for removal of the contents of said trash
reoeptacles by the City, because of the Concessionaire's failure to do so, will
be assessed to, and become the responsibility of, the Concessionaire.
The dumping or disposal of any refuse, discards, trash or garbage,
generated by, or as a result of Concessionaire's operations, into any of the
South Pointe Park trash receptacles shall be strictly prohibited.
Maintenance/Repair.
Concessionaire shall maintain, at its sole expense and responsibility, all
furniture, fixtures, and equipment (FFE) and any other improvements
(whether pennanent or not) required to operate the concession. ln the event
any FFE andlor other improvement(s) is lost, stolen, ordamaged, it shallbe
replaced or repaired promptly, at the sole expense of Concessionaire.
10.2
10.3
11
204
10.3.1
10.3.2
10.3.3
10.3.4
All damage or injury of any kind to the Concession Area, and/orto any
improvements and/or FFE thereon, except damage caused by the
willful misconduct or gross negligence of the City, shall be the sole
obligation of Concessionaire, and shall be repaired, restored and/or
replaced promptly by Concessionaire, at its sole expense, to the
satisfaction of the City Manager or his designee.
All of the aforesaid repairs, restoration and replacement shall be in
quality and class equal to or better than the original work (or FFE, as
the case may be) and shall be done in good and workrnanlike
manner.
lf Concessionaire fails to make any repairs, restoration and/or
replacement, the same may be made by the City, at the expense of
Concessionaire, and all sums spent and expenses incurred by the
City shall be collectable by the City and shall be paid by
Concessionaire within ten (10) days after receipt of a bitl or statement
thereof. Notwithstanding that the City may elect to make such repairc,
restoration, and/or replacement, the City shal! have no obligation
and/or affirmative duty to do so.
It shall be Concessionaire's sole obligation to ensure that any
renovations, repairs and/or improvements made by Concessionaire to
the Concession Area comply with all applicable permitting, building
codes and life safety codes of governmental authorities having
jurisdiction.
10.4 No Danoerous Materials.
Concessionaire agrees not to use or permit in the Concession Area the
storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps,
combustible powered electricity producing generators, turpentine, benzene,
naphtha, propane, natural gas, or other similar substances, combustible
materials, or explosives of any kind, or any substance or thing prohibited in
the standard policies of fire insurance companies in the State of Florida. Any
such substances or materials found within the Concession Area shall be
immediately removed.
ln consideration of a separate and specffic consideration of Ten (910.00)
Dollars and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Concessionaire shall
indemniff and hold the City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney'sfees,
incurred as a result of, arising from, or connected with the placernent by
Concessionaire of any "hazardous substance" or "petroleum products" on,
under, in or upon the Concession Area as those terms are defined by
applicable Federal and State statutes, or any environmental rules and
environmental regulations promulgated thereunder. The provisions of this
subsection 10.4 shall survive the termination or earlier expiration of this
Agreement.
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10.5 Securitv.
Concessionaire shall be responsible for and provide such reasonable
security measures as may be required to protect the Concession Area and
any improvements and FFE thereon. Under no circumstances shallthe City
be responsible for any stolen or damaged FFE; damage to or loss of any
improvements: or any stolen, lost, or damaged personal property of
Concessionaire's employees, contractors, patrons, guests, invitees, and/or
any other third parties, except if caused by the willful misconduct or gross
negligence of the City, its officers, employees, contractors, agents or
servants.
lnsoection.
Concessionaire agrees that the Concession Area (and operations thereon)
may be inspected at any time during hours of operation by the City Manager
or his designee, or by any other municipal, County or State officer, or other
agency having responsibility and/or jurisdiction for inspection of such
operations. Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference
with the concession operations, whether by the City or by any public agency
or official, in enforcing their respective duties, or enforcing compliance with
any applicable laws, or ordinances, or regulations.
10.6
SECTION 11. INSURANCE.
Concessionaire shall maintain, at alltimes throughout the Term, at its sole expense and
responsibility, the following types of insurance coverage:
a. Comprehensive General Liability, in the minimum amount of One Million
($1,000,000.00) Dollars (subject to adjustrnent for inflation) per occunence
for bodily injury and property damage. This policy must also contain
coverage for premises operations, products and contractual liability.
b. Workers Compensation lnsurance shall be required in accordance with the
laws of the State of Florida.
c. Automobile lnsuranoe shall be provided covering all owned, leased, and
hired vehicles and non-ownership liability for not less than the following limits
(subject to adjustment for inflation):
Bodily lnjury $1,000,000.00 per person
Bodily lnjury $1,000,000.00 per accident
Property Damage $1,000,000.00 per accident
The policies of insurance referred to above shall not be subject to cancellation or
changing coverage except upon at least thirty (30) days prior written notice to the
City, and then only subject to the prior written approval of the City Manager or his
designee, such approval not to be unreasonably withheld, delayed or conditioned.
Priorto the Commenoement Date of this Agreement, Concessionaire shall provide
the Citywith a Certificate of lnsuranceforeach such policy. ALL POLICIES SHALL
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NAME THE CITY OF MIAMI BEACH FLORIDA AS AN ADDITIONAL NAMED
INSURED. All such policies shall be obtained from companies authorized to do
business in the State of Florida with an A.M. Best's lnsurance Guide (latest edition)
rating acceptable to the City's Risk Manager, and any replacement or substitute
company shall also be subject to the approval of the City's Risk Manager, such
approval not to be unreasonably withheld, delayed or conditioned.
Should Concessionaire fail to obtain, rnaintain or renew the policies of insurance
referred to above, in the required amounts, the City may, at its sole discretion,
obtain such insurance, and any sums expended by the City in obtaining said
insurance, shall be repaid by Concessionaire to the City, plus ten (100/o) percent of
the arnount of premiums paid to compensate the City for its administrative costs. lf
Concessionaire fails to repay the City's expenditures following written demand from
the City (and within the time specified in the City's demand notice), such failure shall
be deemed an event of default hereunder and the total sum owed shall accrue
interest at the rate of twelve (12Yo) percent until paid.
SECTION 12. INDEMNITY.
12.1 ln consideration of a separate and specific consideration of Ten ($10.00)
Dollars and othergood and valuable consideration the receipt and sufficiency
of which are hereby acknowledged, Concessionaire shall indemnify, hold
harmless and defend the City, its officers, employees, contractors, agents or
servants from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of error, omission, or negligent act of
Concessionaire, its officers, employees, contractors, agents or servants in
the performance of services under this Agreement.
ln addition, and in consideration of a separate and specific consideration of
Ten ($10.00) Dollars and other good and valuable consideration the receipt
and sufficiency of which are hereby acknowledged, Concessionaire shall
indemnifl, hold harmless and defend the City, its officers, employees,
contractors, agents or servants from and against any claim, demand or
cause of action of whatever kind or nature arising out of any misconduct of
Concessionaire, its officers, employees, contractors, subconcessionaire(s),
agents or servants not included in Subsection 12.1 herein and forwhich the
City, its officerc, employees, contractors, subconcessionaire(s), agents or
servants are alleged to be liable.
Subsections 12.1 and 12.2 shall survive the termination or expiration of this
Agreement. Subsections '12.1 and 12.2 shall not apply, however, to any such
liability, that arises as a result of the willful misconduct orgross negligence of
the City, its officers, employees, contractors, agents or servants.
Subrooation.
The terms of insurance policies referred to in Section 11 shall preclude
subrogation claims against Concessionaire, the City and their respective
officers, employees, contractors, agents or servants.
12.2
12.3
12.4
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12.5
12.6
13.1
13.2
SECTION 13. DEFAULT AND TERMINATION.
Subsections 13.1 through 13.3 shallconstitute events of default underthisAgreement. An
event of default by Concessionaire shallentitle the City to exercise any and all remedies
described as the City's remedies under this Agreement, including but not limited to those
set forth in Subsection 13.4 and Section 14. An event of default by the City shall entitle
Concessionaireto exercise any and all remedies described as Concessionaire's remedies
under this Agreement, including but not limited to those set forth in Subsection 13.5.
Force Majer:rre.
Whenever a period of time is herein prescribed for the taking of any action by
the City or Concessionaire (as applicable), the City or Concessionaire (as
applicable), shall not be liable or responsible for, and there shallbe excluded
from the computation of such period of time, any delays due to strikes, riots,
acts of God, shortages of labor or materials, war, or governmental laws,
regulations, or restrictions in the nature of a prohibition or moratorium, or any
bona fide delay beyond the reasonable control of City or Concessionaire (as
applicable). The foregoing shall not apply to any payments of money due
under this Agreement.
Waiver of Loss from Hazards.
Concessionaire hereby expressly waives all claims against the City for loss
ordamage sustained bythe Concessionaire resulting fiom an eventof Force
Majeure (as defined herein), and the Concessionaire hereby expressly
waives all rights, claims, and demands againstthe City and forever releases
and discharges the City from all demands, claims, actions and causes of
action arising from any of the aforesaid causes.
BankruotcJL
lf either the City or Concessionaire shall be adjudged bankrupt or insolvent,
or if any receiver or trustee of all or any part of the business property of
either party shall be appointed, or if any receiver of all or any part of the
business property shall be appointed and shall not be discharged within sixty
(60) days afier appointment, or if either party shall make an assignment of its
property for the benefit of creditors, or shall file a voluntary petition in
bankruptcy, or insolvency, or shall apply for reorganization or arrangement
with its creditors under the bankruptcy or insolvency laws now in force or
hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be
filed against either party and shall not be dismissed within sixty (60) days
after such filing, then the other party may immediately, or at any time
thereafter, and without further demand or notice, terminate this Agreement
without being prejudiced as lo any remedies which may be available to it for
breach of contract.
Default in Pavment.
ln the event Concessionaire fails to submit any paymentwithin five (5) days
of its due date, there shall be a late charge of Fifty ($50.00) Dollars per day
for such late payment, in addition to interest at the highest rate allowable by
law. lf any payment and accumulated penalties are not received within fifteen
(15) days after the payment due date, and such failure continues three (3)
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13.3
13.4
days after written notice thereof, then the City may, without further demand
or notice, terminate this Agreement without being prejudiced as to any
remedies which may be available to it for breach of contract, and may begin
procedures to collect the Performance Bond required in Section 14 herein.
Non-Monetarv Default,
ln the eventthat Concessionaire orthe Cityfails to perform orobserve anyof
the covenants, terms or provisions under this Agreement, and such failure
continues thirty (30) days after written notice thereof from the other party
hereto, such non-defaulting pafi may immediately or at anytime thereafter,
a nd without further demand or notice, terminate this Ag reement. I n the event
that a default is not reasonably susceptible to being cured within such period,
the defaulting party shall not be considered in default if it shall, within such
period, commence with due diligence and dispatch to cure such default and
thereafter completes with dispatch and due diligence the curing of such
default, but in no event shallsuch extended cure period exceed nine$ (90)
days from the date of written notice thereof. ln the event Concessionaire
cures any default pursuant to this subsection, it shall promptly provide the
City with written notice of same.
Citv's Remed ies for Concessionaire's Default.
lf any of the events of default, as set forth in this Section, shall occur, the
City may, after notice (if required) and the expiration of cure periods, as
provided above, at its sole option and discretion, institute such proceedings
as in its opinion are necessary to cure such default(s) and to compensate the
City for damages resulting from such default(s), including but not limited to
the right to give to Concessionaire a notice of termination of this Agreement,
lf such notice is given, the Term of this Agreement shallterminate upon the
date specified in such notice from the City to Concessionaire. On the date so
specified, Concessionaire shallthen quit and sunender the Concession Area
to the City pursuant to the provisions of Subsection 13.7. Upon the
terrnination of this Agreement by the City, all rights and interest of
Concessionairein and to the Concession Area and to this Agreement, and
every partthereol shall@ase and terminate and the City may, in addition to
any other rights and remedies il may have, retain all sums paid to it by
Concessionaire underthis Agreement, including but not limited to, beginning
procedures to collect the Performance Bond in Section 14 herein.
ln addition to the rights set forth above, the City shall have the rights t,o
pursue any and all of the following:
a. the right to injunction or other similar relief available to it under Florida
law against Concessionaire; and/or
b. the right to maintain any and all actions at law or suits in equity or
other proper proceedings to obtain damages resulting from
Concessionaire's default.
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Concessiona i re's Remed ies for C itv's Defau lt.
lf an event of default, as set forth in this Section, by the City shall occur,
Concessionaire may, after the expiration of the cure period, terminate this
Agreement upon written notice to the City. Said termination shall become
effective upon receipt of the written notice of termination by the City. On the
date specified in the notice, Concessionaire shall quit and surrender the
Concession Area to the City pursuant to the provisions of Subsection 13.7.
13.6 Termination for Convenience.
13.6.1 Notwithstanding any other provision of this Section 13, this Agreement
rnay be terrninated, in whole or in part, by the City, for convenience
and without cause, upon the furnishing of sixg (60) days prior written
notice to Concessionaire.
13.6.2 ln the event of termination by the City pursuant to this subsection,
Concessionaire herein acknowledges and agrees that it shall not have
any claim, demand, or cause of action of whatsoever kind or nature,
against the City, its agents, servants and employees (including, but
not limited to, claims for any start-up costs, interference in business or
damages for interuption of services, or interference in its concession
operations). ln no event shallthe City be liable to Concessionaire for
any indirect, incidental, special, lost profits or consequential damages.
13.7 Surrender of Concession Area.
At the expiration of this Agreement, or earliertermination in accordance with
the terms of this Agreement, Concessionaire shall sunenderthe Concession
Area in the same condition as the Concession Area was prior to the
Commencement Date of this Agreement, reasonable wear and tear
excepted. Concessionaire shall rernove all its personal property, upon forty-
eight (a8) hours written notice from the City Manager or his designee unless
a longer tirne period is agreed to by the City. Concessionaire's obligation to
observe or perform this covenant shall survive the expiration or other
termination of this Agreement. Continued occupancy of the Concession Area
after termination of the Agreement shall constitute trespass by the
Concessionaire, and rnay be prosecuted as such. ln addition, the
Concessionaire shallpay to the City One Thousand ($1,000.00) Dollars per
day as liquidated damages for such trespass and holding over.
SECTION 14. PERFORMANCE BOND OR ALTERNATE SECURITY.
Concessionaire shall, on or before the Commencement Date of this Agreement, furnish to
the City Manager or his designee a Perfornance Bond in the penal sum as stated below
for the payment of which Concessionaire shall bind itself for the faithful performance of the
terms and conditions of this Agreement. A Performance Bond, in the arnount of Two
Thousand Two Hundred Fifly ($2,250.00) Dollars, shall be required and be in faithful
observance of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of
deposit may also suffice, as determined by the City Manager or his designee in his
reasonable discretion. The form of the Performance Bond or letter of credit shall be as
required by the City Manager or his designee. ln the event that a Certificate of Deposit is
13.5
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210
approved, it shall be a Two Thousand Two Hundred Fifty ($2,250.00) Dollar one-year
Certificate of Deposit in favor of the City, which shall be automatically renewed, the original
of which shall be held by the City's Chief Financial Officer. Concessionaire shall be so
required to maintain said Performance Bond oraltemate security, as accepted bythe City
Manager or his designee, in full force and effect throughout the Term of this Agreement.
Concessionaire shall have an affirmative dutyto notifo the Cig, in writing, in the event said
Performance Bond or alternate security lapses or otherwise expires. All interest that
accrues in connection with any financial instrument or sum of money referenced above
shall be the property of Concessionaire, except in an event of default, in which case the
City shall be entitled to all interest that accrues after the date of default.
SECTION 15. ASSIGNMENT.
Concessionaire shall not assign, sublease, grantany sub-concession or license, permitthe
use of by any other person other than Concessionaire, or otherwise transfer all or any
portion of this Agreementand/orof the Concession Area (allof theforgoing are herein after
referred to collectively as "transfers"), withoutthe priorwritten consent of the City Manager,
which consent shall not be unreasonably withheld.
Concessionaire shall notify the City Manager of any proposed transfer prior to
consummation of same. ln the event inat anyluch transfei is approved, the transferee
shall agree to be bound by all the covenants of this Agreement required of the transferor
hereunder. Any transfer made without complying with this section shall be null, void, and of
no effect and shall constitute an act of default under this Agreement. Notwithstanding any
such consent, or any permitted transfer under any provision of this section, unless
expressly released by the City Manager, Concessionaire shall remain jointly and severally
liable (along with each approved transferee, who shall automatically become liable for all
obligations of the transferor hereunder with respect to that portion of the Agreement so
transferred), and the City shall be permitted to enforce the provisions of this Agreement
directly against Concessionaire or any transferee of Concessionaire without proceeding in
any way against any other person.
SECTION 16. SPECIAL EVENTS / SPONSORSHIPS.
16.1 The parties agree and acknowledge that Concessionaire's proposed use(s),
as defined in Section 3 hereof, do not contemplate nor allowthe production,
promotion or sponsorship by the Concessionaire of special events in or
around the Concession Area.
City Special Events.
Notwithstanding Subsection 16.1 herein, and in the event that the City, at its
sole discretion, deems that it would be in the best interest of the City, the City
rcserves the right to displace the Concessionaire for City produced and/or
sponsored special events and/or City produced and/or sponsored
productions, upon five (5) days prior written notice to Concessionaire.
Additionally, the aforestated events may also require additionaltime for load-
in and load-out of the event. ln such cases, the City may request that
Concessionaire cease and desist operations during the term of, and in the
area of, the special event and/or production, and Concessionaire shallcease
and desist during such time. To the extent that Concessionaire is displaced,
16.2
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16.3
and/or required to cease and desist operations, Cityshallprovide, calculated
on a per diem basis for the period of time the Concession Area is non-
operational, a credit against Concessionaire's PG amount, as delineated in
Section 4.2 herein. lf the Concessionaire is not required to close, orthe Cig
Manager or his designee determines that Concessionaire may remain open
in such a manner as prescribed by the City, that will not interfere with the
special event and/or production, Concessionaire shall use its best efforts, in
either case, in cooperating with the City. lf Concessionaire is allowed to
remain open d urin g special events a nd/or prod uctions, Concessionai re m ay
be allowed to have in operation its normaldaily complement of equipment
and staff. "Normal" shall be defined as equipment and staff that the
Concessionaire customarily has available to service its patrons within the
Concession Area on a normal business day (during its hours of operation).
Sponsorshios.
The City reserves unto itself all present and future rights to negotiate all
forms of endorsement and/or sponsorship agreements based on the
marketing value of any City trademark, property, brand, logo and/or
reputation, Any and all benefits derived from an endorsement and/or
sponsorship agreement based on the marketing value of a City trademark
property, brand, logo and/or reputation, shall belong exclusively to the City.
Concessionaire shall be specifically prohibited from entering into, or
otherwise creating any, sponsorships and/or endorsements with third parties
which are based solely or in any part on the marketing value of a City
trademak, property, brand, logo and/or reputation.
SECTION 17. NO IMPROPER USE.
Concessionaire will not use, nor suffer or permit any person to use in any manner
whatsoever, the Concession Area for any improper, immoral or offensive purpose, or for
any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order
or regulation, or of any govemmental rule or regulation now in effect or hereafter enacted
or adopted. Concessionaire will protect, indemniff, and forever save and keep harmless
the City, its officers, employees, contractors, agents orservants, from and against damage,
penalty, fine, judgment, expense or charge suffered, imposed, assessed or incuned for any
violation, or breach of any law, ordinance, rule, order or regulation occasioned by any act,
neglect or omission of Concessionaire, or any of its officers, employees, contractors,
agents or seruants. ln the event of any violation by Concessionaire, or if the City shall
deem any conduct on the part of Concessionaire to be objectionable or improper, the City
Manager or his designee shall have the right to suspend the concession operations should
the Concessionaire failto conect any such violation, conduct, or practice to the satisfaction
of the City Manager or his designee within twenty-four (24) hours after receiving written or
verba! notice of the nature and extent of such violation, conduct, or practice; such
suspension to continue until the violation is cured. Concessionaire further agrees not to
commence operations during the suspension untilthe violation has been corrected to the
satisfaction of the City Manager or his designee.
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18.1
18.2
SECTION 18. PRICE SCHEDULES.
Concessionaire agrees that prices charged forthe sale of food and beverage
service will be consistent with the price schedule(s) herein submitted by the
Concessionaire and approved bythe City and incorporated herein as exhibib
to this Agreement. All subsequent price approvals and changes must be
approved in writing by the City Manager or his designee, such approvalnot
to be unreasonably withheld, delayed or conditioned. Prices shall be
reasonably consistent with those charged for sirnilar items in other similar
public concessions in the City. The City shall have the final right of approval
for all such prices and changes, such approval not to be unreasonably
withheld, delayed or conditioned. Concessionaire agrees to refrain from the
sale of any item identified as prohibited by the City and to sell only those
items approved bythe City. Concessionaire agrees to maintain an adequate
supply necessary to accommodate park patrons.
Notwithstanding Subsection 18.1, Concessionaire acknowledges that the
City has an existing "Concession Agreement for Operation of Vending
Machines", dated October 19, 2005, which entitles the vendor to the
placement of up to six (6) vending machines within South Pointe Park.
Concessionaire shall at all times price products of similar type and/or volume
in a manner equalorgreatertothe pricing of the vending machine item(s). At
no time shall Concessionaire's item(s) be sold at a lower price than similar
items sold in the vending machines.
SECTION 19. NOTICES.
All notices from the City to Concessionaire shall be deemed duly served upon receipt, if
rnaited by registered orcertified mailwith a return receiptto Concessionaire atthe following
addresses:
Kim E. Pham, Manager
Blissberry, LLC
332 Lincoln Road
Miami Beach, Florida 33139
With copies to:
Craig M. Dome, P.A.
407 Lincoln Road, Penthouse SE
Miami Beach, Florida 33139
All notices from Concessionaire to the City shall be deemed duly served upon receipt, if
mailed by registered or certified mail return receipt requested to the City of Miami Beach at
the following addresses:
City Manager
City of Miami Beach
1700 Convention Center Drive
MiamiBeach, FL 33139
213
With copy to:
Director of Real Estate, Housing & Community Development
City of Miami Beach
1700 Convention Center Drive
MiamiBeach, FL 33139
Concessionaire and the City may change the above mailing addresses at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
SECTION 20. LAWS.
20.1
20.2
20.3
Compliance.
Concessionaire shall comply with all applicable City, County, State, and
Federalordinances, statutes, rules and regulations (including but not limited
to all applicable environmental City, County, State, and Federal ordinances,
statutes, rules and regulations, as same may be amended from lime to time.
Equal Emplovment Opportunity.
Neither Concessionaire nor any affiliate of Concessionaire performing
services hereunder, or pursuant hereto, will discriminate against any
employee or applicant for employment because of race, sex, sexual
orientation, color, creed, nationalorigin, familialstatus, religion or handicap.
Concessionaire willtake affinnative steps to utilize minorities andfemales in
the work force and in correlative business enterprises.
No Discrimination.
Concessionaire agrees that there shall be no discrimination as to race, sex,
sexual orientation, color, creed, national origin, familial status, religion or
handicap, in its employment practice or in the operations refened to by this
Agreement; and further, there shall be no discrimination regarding any use,
service, maintenance, or operation within the Concession Area. Allfacilities
and services offered shall be made available to the public.
SECTION 21. MISCELLANEOUS.
21.1 No Partnership.
Nothing contained in thisAgreement shall constitute or be construed to be or
create a partnership or joint venture between the City and Concessionaire.
Modifications.
This Agreement cannot be changed or modified except by agreement in
writing executed by all parties hereto. Concessionaire acknowledges that no
modification to this Agreement may be agrced to by the City unless approved
by the Mayor and City Commission except where such authority has been
expressly provided herein to the City Manager.
21.2
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21.3
21.4
21.5
21.6
21.7
21.8
21.9
Comolete Aqreement.
ThisAgreement, togetherwith allexhibits incorporated hereto, constitutes all
the understandings and agreements of whatsoever nature or kind existing
between the parties with respect to Concessionaire's operations, as
contemplated herein.
Headinos.
The section, subsection and paragraph headings contained herein are for
convenience of reference only and are not intended to define, lirnit, or
describe the scope or intent of any provision of this Agreement.
Bindino Effect.
This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall
not affect the validity of the remainder of the Agreement, and the Agreement
shall remain in full force and effect as if such illegal or invalid term or clause
were not contained herein unless the elimination of such provision
detrimentally reduces the consideration that either pafi is to receive under
this Agreement or materially affects the continuing operation of this
Agreement.
Severabilitv.
lf any provision of this Agreement or any portion of such provision or the
application thereof to any person orcircumstance shallbe held to be invalid
or unenforceable, or shall become a violation of any local, State, or Federal
laws, then the same as so applied shall no longer be a part of this
Agreement but the remainder of the Agreement, such provisions and the
application thereof to other persons or circumstances, shall not be affec-ted
thereby and this Agreement shall be so modified.
Riqht of Entrv.
The City, at the direction of the City Manager, shall at alltimes during hours
of operation, have the right to enter into and upon any and all parts of the
Concession Area for the purpose of examining the same for any reason
relating to the obligations of parties to this Agreement.
Not a Lease.
It is expressly understood and agreed that no part, parcel, building, structure,
equipment or space is leased to Concessionaire; that this Agreement is a
concession agreement and not a lease, and that Concessionaire's right to
operate, manage, and maintain the concession shallcontinue only so long as
Concessionaire complies with the undertakings, provisions, agreements,
stipulations and conditions of this Agreement.
Accordingly, Concessionaire hereby agrees and acknowledges that in the
event of termination of this Agreement, whether due to a default by
215
21.11
Concessionaire or otherwise, Concessionaire shall surrender and yield unto
the City the Concession Area, in accordance with Subsection 13.7 hereot,
and the City shall in no way be required to evict and/or otherwise remove
Concessionaire from the Concession Area as if this were a tenancy under
Chapter 83, Florida Statutes, nor shall Concessionaire be afforded any other
rights afforded to nonresidentialtenants purcuant to said Chapter{the parties
having herein expressly acknowledged thatthis Agreement is intended to be
a concession agreement and is in no way intended to be a lease).
21.10 Sionaqe.
Concessionaire shall provide, at its sole expense and responsibility, any
required signs at its concession. Alladvertising, signage and postings shall
be approved by the City, and shall be in accordance with all applicable
Municipal, County, State and Federal laws and regulations. Any signage
posted by Concessionaire shall be subject to the prior approval of the City as
to size, shape and placement of same, such approval notto be unreasonably
withheld, delayed or conditioned.
Conflict of lnterest.
Concessiona ire shall perform its services under th is Agreement and cond u ct
the concession operation(s) conternplated herein, in a manner so as to show
no preference for other concession operations/facilities owned, operated,
managed, or otherwise controlled by Concessionaire.
21.12 No Waiver.
21.12.1 lt is mutually covenanted and agreed by and between the parties
hereto that the failure of the City to insist upon the strict perforrnance
of any of the conditions, covenants, terms or provisions of this
Agreement, or to exercise any option herein confened, will not be
considered or construed as a waiver or relinquishment for the future
of any such conditions, covenants, terms, provisions or options but
the same shall continue and remain in fullforce and effect.
21.12.2 A waiver of any term expressed herein shall not be implied by any
neglectof the Cityto declare a forfeiture on account of the violation of
such term if such violation bycontinued or repeated subsequenUy and
any express waiver shall not affect any term other than the one
f'T11"*J:.:li::,,il:if:oand
that one onrv ror the time and in the
21.12.3 The receipt of any sum paid by Concessionaire to the Cig after
breach of any condition, covenant, term or provision herein contained
shall not be deemed a waiver of such breach, but shall be taken,
considered and construed as payment for use and occupation (and
not as rent), unless such breach be expressly waived in writing by the
City.
23
216
21.13 No Third Partv Beneficiarv.
Nothing in this Agreement shall confer upon any person or entity, other than
the parties hereto and their respective successors and permitted assigns,
any rights or remedies by reason of this Agreement.
SECTION 22. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the rnanagement and operation of the
Concession Area in the hands of a private management entity only if so doing the City can
place a limit on its liability for any cause of action for breach of this Agreement, so that its
liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this Agreement with a Ten
Thousand ($10,000.00) Dollar limitation on recovery for any action for breach of contract.
Accordingly, and in consideration of the separate consideration of Ten Thousand
($10,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be
liable to Concessionaire for damages to Concessionaire in an amount in excess of Ten
Thousand ($10,000.00) Dollars, for any action 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 paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of limitation placed upon the City's liability as set forth in
Florida Statutes, Section 768.28.
SECTION 23. VENUE.
This Agreement shall be deemed to have been made and shall be construed and
interpreted 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 and all the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida. THE CITY
AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE CITY AND
CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER WITH
RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEI'IENT
OR THE CONCESSION AREA
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
24
217
lN WITNESS WHEREOF, the parties hereto have caused their names to be signed
and their seals to be affixed, all as of the day and year first above written, indicating their
agreement.
Attest:
Attest:
Signature/Secretary
CITY OF MIAM! BEACH, FLORIDA
lA""*\A"
Kim E. Pham, Manager
CORPORATE SEAL
(affix seal here)
(Print Name)
F:\FHCD\oALL\ECON\$ALL\ASSET\SOPTPARfXBlbsbeny Concession Agreemenl.FlNAL.doc
AI'PROVEDAS TO
FORM&IANGUAGE
E FOR E)(ECUNON
--rg\,b
Parcher, CITY CLERK
25
218
EXHIBIT 2,1
Concession Area
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219
Yagurt Bar & Eecch 6ri//
i65 Dav, a \'rar: 9an-.luu.ttl
&ncb trtin lill Stn.za iailv
bliu beocragca
lliu H2O, Purc lnlL hollh)hli,at , lou ,ruty,nr,! 2. I h, lalt bnv.
I-r,chcc Grcen Tca, rl S'()BE./ta,till, , Su,*l t I\t-,Srvtlnrl, v,rur hli,,"'
l"resh Sqrrcczcd Srxla kmonadc: nnrh uv'-ltrlt r4utt:ti la'nl lowu, il 'till hul,hh' up wutr lav
Frcsh Squcczed l*mona<lc: illafu hvrb thilv dlb hti hnunu
Victoamese lced (rffee l(xtz.: (iunntl *,fli */ ttnt\trt) uil/;, ,'1rr1r, unrl.u'7,v) o.v lct
!'resh Squeczed .luice l6 oz: lQllth Ltal on).\'rubly quta' h orrlictirt. fiu nn htlt tht litltnttt
l'resh .S<lueezed Smrxrthies l(i oz;
blissbcrrv sno*' brbblc ,4 lrub ll'n\i!-lruit rornllti' layt,',',1tv t ltt,riru I'all lrcut
i\lini: .{ oz rv/ lblprngs
i\ledium: li oz rv/'IolrPings
,\{ega: I ti oz rv/ Toppings
Slini
Thc Big Kid
Bliss Snacks
Menu & Prices
(page 1 of 2)
Gounnet Cupcakeu / Snacka
3 / $5.00
llrut.qino liliu to von !
EXHIBIT 3.1.1
tllrssrerr!'t
t&L,)
G ou rme t 6l iaaber ry Yogu rt
$2
$2
$4
.!i,
$q
$4
$(;
$6
$5.00
$(;.00
$n.50
$1.:)0
$3.00
27
220
EXH|B|T 3.1.1
Menu & Prices
(page 2 of 2)
b,""berrg*
Ynurt ktr &Beach 6r,//
'$,&
Good illornitE Miami
Moming Pastries
Hot ofl Tltc Prana
l'anini
Qtrcsdilla: r\lade with blcndcd chccsc and grrcssld ro prli'crion
Soupa an) aata)a
Skinnv l)i1r, liwl,.ul l+aqir,, ri Dip
blissbcrn, Signatu re .Salad
Fruit Salatl: A medle;, of I'resh fruits
Cacsar Salad u,; Grillcd or lllackencd Chickeo
.5oup of t[c [)ar': Prcparcd rry' only rhc licshest ingrcdicntslou *,ill alrva.r,s bc sari.slied
'Ibtu cJ Tinyr
No rllcat g,lcasc Qu.'sadilla, lillcd u'irh lrrsh grarr,d e hersr lrxl
(irilled Kosher llor l)oggie Dqg
l'he Crilled Cheesc: r\ perfeet grilled cheese sandrvirh rnade u,ith.r,orrr lrre:rrl ofchoice
Tqr ir with toPpingsl add ($11 eaclr
,rn,o, 0o,,, n,l;lil!,'ii,"l, * o, Ft, t i s
lil 10, )t&-ili0
'l'EX'l' : Blir,,2Go
L'o,,b pr ?'h Rliu, lttvilll.v L'{tn) il(.t,I?ttulv! I lt)t, DIS('OL'A''l'r/ ItwlN (arl
Brirying hlu' h, vn!
$e
$lo
$lo
$12
$4 up
$8 lr,rr,l
$q
$9
$6
$6
$6
$6
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28
221
EXHIBIT 3.1.2
Concessionaire's Equipment List
Bread Rack
Freezer
Prep Table with fridge
Toaster
Juicers (2)
Blenders (2)
Cash Register
Television
29
222
EXHIBIT 10.1.1
Concessionaire's I mprovements
Concessionaire does not anticipate the need to make any improvements.
30
223
EXHIBIT 21.10
Concessionaire's Signage
(TO BE SUBLilTTED BY CONCESSIONAIRE)
31
224
Exhibit B
*&':.fu - ;1
{ii, ip.:-",--rtr
1.,
Date: September 29, 201 4
To: City manager of Miami Beach
RE: Blissberry concession at South Pointe Park renewal
17000 Convention Center Drive
Miami Beach, FL 33139
CC: Director of Real Estate, Housing & Community Development
To whom it rnay concern,
I wanted to thank the city of Miami beach for allowing Blissberry to be the chosen
concession for South Pointe Park. We would like to formally extend our Contract
for an additional year based on the renewal terms.
Please do not hesitate contacting us if there any problems regarding the
extension. We hope the city is happy with performance of Blissberry. We plan on
continuing servicing the South Pointe Park and the city of Miami beach.
Sincerely,
.-')/ ^./,7t--------
*,, = Pham
Blissberry
CEO & Founder
www.blissberry.us
kim@blissberry.us
1340 Monad Terrace #4
Miami Beach , Fl 33139
(305) e7e-6553
,,ffi
225
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANGE AND CITYWIDE PROJECTS COMMISSION COMMITTEE AND OF THE
CITY MANAGER, AND WAIVING, BY 5I7TH VOTE, THE COMPETITIVE BIDDING
REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF
THE CIry; AND APPROVING AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A CONCESSION AGREEMENT BETWEEN THE CITY AND
BLISSBERRY, LLC FOR THE MANAGEMENT AND OPERATION OF THE FOOD
AND BEVERAGE CONCESSION, LOCATED IN A PORTION OF THE SOUTH
POINTE PARK PAVILION BUILDING, CONSISTING OF APPROXIMATELY 240
SQUARE FEET; SAID CONCESSION AGREEMENT HAVING A TERM OF FIVE(5) YEARS, WTTHOUT ANy RENEWAL OPT|ONS, COMMENCTNG ON
DECEMBER 1, 2015 AND ENDING NOVEMBER 30, 2020.
WHEREAS, on May 12, 2010, the Mayor and City Commission approved the issuance of
Request for Proposals (RFP) No. 34-09/10, for the management and operation of a food and
beverage concession located in a portion of the South Pointe Park Pavilion Building; and
WHEREAS, Concessionaire was the top-ranked firm and on September 15, 2010, the Mayor
and City Commission adopted Resolution No. 2010-27485, authorizing the Administration to enter
into negotiations with Concessionaire; and further authorizing the Mayor and City Clerk to execute
a Concession Agreement, upon conclusion of successful negotiations; and
WHEREAS, the City and Concessionaire executed a Concession Agreement, dated November
24, 2010, for an initial term of two (2) years commencing on December 1 , 2010 and ending on
November 30, 2012, with three (3) renewal options for one (1) year each; and
WHEREAS, Concessionaire exercised all three (3) of its renewal options and the Concession
Agreement is scheduled to end on November 30, 2015; and
WHEREAS, Concessionaire submitted a letter to the City requesting to extend the Concession
Agreement for a period of five (5) years; and
WHEREAS, the Administration submitted Concessionaire's renewal request to the Finance and
Citywide Projects Committee (FCWPC) at its March 2, 2015 meeting, and the FCWPC
recommended: 1 ) to extend the Term for a period of five (5) years and 2) to increase the Minimum
Guarantee to $25,000 annually, payable in equal quarterly installments of $6,250 each; and
WHEREAS, subsequent to the March 2,2015 recommendation of the FCWPC, Concessionaire
requested that the Concession Fee be reduced from fifteen percent (15o/o) gross sales to ten
percent (10o/o) of gross sales; and
WHEREAS, the Administration submitted Concessionaire's request to reduce the Concession
Fee to the Finance and Citywide Projects Committee (FCWPC) at its April 8,2015 meeting, and
the FCWPC recommended to reduce the Concession Fee from fifteen percent (15o/o) of gross
sales to ten percent (10%) of gross sales; and
226
WHEREAS, as recommended by FCWPC, at its March 2,2015 and April 8,2015 meetings,
and pursuant to the City Manager's recommendation, set forth in the accompanying City
Commission memorandum, and as required pursuant to Section 2-367(e) of the City Code, the City
Manager is recommending the waiver, by 5l7th vote, of the competitive bidding iequirement, ai
being in the best interest of the City; and
WHEREAS, the Administration recommends the approval of a new Concession Agreement,
substantially in the form attached hereto and incorporated herein as "Exhibit 1".
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY COMMTSSION
OF THE CITY OF MIAMI BEACH, FLORIDA, hereby accept the recommendation of the Finance
and Citywide Projects Commission Committee and of the City Manager, and waive, by 5/7th vote,
the competitive bidding requirement, finding such waiver to be in the best interest of the City; and
approve and authorize the Mayor and City Clerk to execute a concession agreement between the
City and Blissberry, LLC for the management and operation of the food and beverage concession,
located in a portion of the South Pointe Park Pavilion Building, consisting of approximately 240
square feet; said concession agreement having a term of five (5) years, without any renewal
options, commencing on December 1 , 2015 and ending November 90, 2020.
PASSED and ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:lAGENDA\201 S\May\TCED\Blissberry\Blissberry RESO (5-6-1 5).docx
APPROVED AS TO
FORM & LANGUAGE
227
Blissberry, LLC
Concession
Agreement
EXHIBlTIt
228
SECTION
1.
2.
2.1
3.
3.1
3.3
3.4
4.
4.1
4.2
4.3
4.4
5.
6.
7.
8.
9.
10.
10.'l
10.2
10.3
10.4
10.5
10.6
11.
12.
12.4
12.5
12.6
13.
13.1
13.2
13.3
13.4
13.5
13.6
13.7
!NDEX
TITLE PAGE
229
SECTION
14.
15.
16.
16.2
16.3
17.
18.
19.
20.
20.1
20.2
20.3
21.
21.1
21.2
21.3
21.4
21.5
21.6
21.7
21.8
21.9
21.10
21.11
21.12
21.13
22.
23.
TITLE PAGE
230
CONCESSION AGREEMENT BETWEEN
CITY OF MIAMI BEACH, FLORIDA AND
BLISSBERRY, LLC
FOR MANAGEMENT AND OPERATION OF A FOOD & BEVER,AGE CONCESSION
IN A PORTION OF THE SOUTH POINTE PARK PAVILION BUILDING
THIS AGREEMENT made the _ day of ,2015, between the GITY OF
MIAMI BEACH, a municipal corporation of the State of Florida (hereinafter called "City"),
having its principal address at 1700 Convention Center Drive, Miami Beach, Florida,
33139, and BLISSBERRY, LLG, a Florida limited liability company, having its principal
place of business at 332 Lincoln Road, Miami Beach, Florida, 33139, (dlbla Blissberry and
hereinafter called "Concessionaire"). dl'= i.'
WITNESSETH
WHEREAS, on May 1 2,2010, the Mayor anO City Commission approved,.the issuance of
Request for Proposals (RFP) No. 34-09110, for the management and operation of a food
and beverage concession located in a portion of the Sbuth Pointe Park Pavilion Building;
and
WHEREAS, Concesp.ioe-aLreyas the top-ranked nr, ,nJiU#ii,S"pt"rber 1 s,2010, the
Mayor and City Commission" adopted Resolution No. 2010-27485, authorizing the
Administration to en'ter into neQdations with Concessionaire; and further authorizing the
Mayor and City Clerk to execute,a Concession Agreement, upon conclusion of successful
negotiations; and v:1
4F'*,1' 3ity anO d6heessionaire executed a Concession Agreement, datedWHEREAS, thc
November. 24,2010, for an initidffif,,tn of two (2) years commencing on December 1 ,2010
and endin0 on November 30, 201X $^rith three (3) renewal options for one (1) year each;and ':.:
, .
=, ,
WHEREAS, Condessionaire exercised all three (3) of its renewal options and the
Concession AgreemOnt is schOduled to end on November 30,2015; and
WHEREAS, Concessionaire submitted a letter to the City requesting to extend the
Concession Agreement for a period of five (5) years; and
WHEREAS, the Administration submitted Concessionaire's renewal request to the Finance
and Citywide Projects Committee (FCPC) at its March 2,2015 meeting, and the FCPC
recommended: 1) to extend the Term for a period of five (5) years and 2) to increase the
Minimum Guarantee to $25,000 annually, payable in equalquarterly installments of $6,250
each; and
WHEREAS, subsequent to the March 2, 2015 recommendation of the FCWPC,
Concessionaire requested that the Concession Fee be reduced from fifteen percent (15%)
gross sales to ten percent (10%) of gross sales; and
231
WHEREAS, the Administration submitted Concessionaire's request to reduce the
Concession Fee to the Finance and Citywide Projects Committee (FCWPC) at its April B,
2015 meeting, and the FCWPC recommended to reduce the Concession Fee from fifteen
percent (15%) of gross sales to ten percent (10%) of gross sales; and
WHEREAS, on May 6,2105, the Mayor and City Commission adopted Resolution No.2015-_, accepting the recommendation of the Finance and Citywide Projects
Committee and approving and authorizing the Mayor apd City Clerk to execute the
following Concession Agreement; and f..!N
WHEREAS, accordingly, the City and Concessio_q!.'-@have negotiated the following
Concession Agreement. . .
NOW THEREFORE, in consideration of tne pilmir", ,nO the mutual covenants and
conditions herein contained and other good and valuable consideration, the receipt and
adequacy of which are hereby conclusively acknowledged, it is bgreed by the parties
hereto as follows'
,i
The City hereby grants to the Cohcessionaire, anO tf,e Concessionaire hereby accepts
from the City, the right to maintain, manage and operate a food and beverage concession
within the Concession Area (as nereihafter defined), in accordance with the purpose(s) and
forthe term(s) stated herein, and subj6Etto alltheterms and conditions herein contained.
'ri:i::::::::::: ::.
,:,1,:lSECTION 1. TERM.
1_1 This Agreement shall.commeiEbrcn the 1't day.of December, 2015 (the
L!!@lpmencement Date"), and teim..qlate on the 30th day of November,2o2o
(the Term).
For of this Agreement, a "contract yea/' shall be defined as that
-certain period dbmmencing on the l tt day of December, and ending on the
'ril0H-oay of NoEmber.
SECTION 2. CONCESSION AREA.
The City hereby grant5 to.CoFCessionaire the right, during the Term herein, to maintain,
manage and operate a fdtid and beverage concession in the following Concession Area:
2.1 Concession Area within the Pavilion Buildinq:
An area comprised of 240 square feet within the Pavilion Building, located at
3 South Washington Avenue and as further delineated in Exhibit 2.1 hereto.
2.2 Notwithstanding the Concession Area granted to Concessionaire in Section
2.1 , Concessionaire hereby understands, agrees, and acknowledges that the
Concession Area, along with any and all other public facilities in South Pointe
Park not specifically identified herein is intended to be open and available to
the public and, as such, must remain available forthe use and enjoyment of
the general public. Notwithstanding the preceding, Concessionaire may
232
3.1
designate areas within the Concession Area which shall not be open to
and/or accessible to the general public (e.9. "kitchen areas, pantries, and/or
storage closets, etc.).
SECTION 3. USE(S).
Concessionaire is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services within the Concession Area, all at its sole expense
and responsibility:
Food and Beveraqe Service.
3.1.1 Concessionaire shall prepare, or'cause to be prepared, for sale within
and from the Concession Area,'Such pre-cooked, prepared, and/or
prepackaged foods and such non-alcoholic beverages as those set
forth in Exhibit 3.1.1. The.City Manager hereby approves the types of
food and beverages, fiffi$rices for same (as those set forth in Exhibit
3.1.1). Any amendments to Exhibit 3.1.1, whether as to type of food
and beverages to be sold, or as to changes in prices for same, must
be approved in writing by the City Manager or his designee, such
approval not to be unreasonably,'lwithheld, delayed or conditioned,
priorto such changeS'.being implembnted within the Concession Area,
and a new upda-teO-Exh-iOit 3.1fiiffi be incorporated into thiso,9, , *ffiit1ru
AifooO7 u b"r"rrges sold within the Concession Area will be
piepnred usipO only the equipment and/or methodology approved by
the$ty an#; *,$.$ forth in Exhibit 3.1.2, as well as properly prepared
,nd *erre ifh",,c6.nr_pliance with all applicable health and sanitary
standards, laws andiregulations.
: ::::::::::::::t t::: ; I
The Quality Of fogd, beverages, and seryice offered will be first-rate
and comparabl$ tbdhat available at other public concession facilities
at world class resOrts on par with the City of Miami Beach.
in additioh to Concessionaire's general maintenance obligations for
the Concession Area, as set forth in Section 10 herein, the
ConceSsion Area and the immediately surrounding ten (10) foot
adjacent areas, shall at all times be maintained in a clean and
sanitary manner.
At least one supervisory employee must possess a Food Service
Management Certification issued by a County Public Health
Department in Florida. ln addition, the Concession Area must be
licensed by the Florida Department of Business Regulation, Division
of Hotels and Restaurants, and/or the Department of Agriculture,
and/or as may further be required by State law and/or by
correspond ing agencies.
3.1.2
3.1.3
3.1.4
3.1.5
233
3.1.6 Concessionaire agrees not to place any speakers, or any other device
used to amplify sound, in, on or around the Concession Area.
Percentaoe of Gross (PG) vs. MG:
For each contract year during the Term, in the event that the amount equal to
ten (10%) percent of Concessionaire's gross receipts (PG) exceeds the MG
amount, then Concessionaire shall also pay to the City the difference
between the PG amount and the MG amount, which payment shall be
received no later than sixty (60) days after the end of each contract year.
3.3 Citv Business Tax Receipts.
Concessionaire shall obtain, at its sole expense and responsibility, any
business tax receipts required by the City for the proposed use(s)
contemplated herein. To the extent required by City law (as same may be
amended from time to time), business tax receipts shall be obtained foreach
proposed use within a particular Concession Area.
:-.3.4 Parkinq.
Concessionaire may request from the City's Parking Deparlment, the use of
one (1) designated parking space at the Municipal Parking Lot P1 (South
Pointe Park parking lot) for deUr,Seriv vehicle-use only. The rate for said
parking space is subject to chari[eiand is currentlySeventy Dollars ($70.00)
per month, plus applicable saleS and use tax per space.
4.1 Minimum Guarantee (MG): i( Wln consideration of the Ci!y'-s grantid$,zd the rights provided in this
Agreement, for each contract year during ihe ferm, the Concessionaire shall
pay to the;G*ity"_.a Minimum Guaranteed Anhual Concession Fee (MG) of
Twenty,ll Ffti iT ousand ($25,000.00}.Dollars,"pbyable in equal quarterly
installments of Sii, Thousand Two Hundred and Fifty Dollars ($6,250.00)
each, payable on tle 1st day of each quarter during the Term.
commen.i;f;u11** $ ,h,no cohtiact year, and every subsequent contract, ', - year during thb Term nereoi, Concessionaire agrees that the MG shall be
'] ' adjusted'Upward $n the firsttay of each contract year during the Term
:r - hereof by the percenta.,.gg change of the "Base Numbed' and the "Current' Numbed' in the Consumer Price lndex - All Urban Consumers - U.S. Food
ahd Beverages - CUUR0000SAf, as published by the Bureau of Labor
Statistics of the U.S. Department of Labor, or of any revised or successor
indeX hereafter p'Ublished by the Bureau of Labor Statistics or other agency
of the United States Government succeeding to its functions ("CPl"). The
Base Number shall be the index forthat month (i.e. July) and yearwhich is
four (4) months prior to the Commencement Date of this Agreement (the
"Base Month"). The Current Number shall be the latest CPI published for
the Base Month of each calendar year during the term of the Term of this
Agreement.
4.2
234
The term "gross receipts" is understood to mean all income, whether
collected or accrued, derived by Concessionaire under this Agreement, or
any licensee, sub-concessionaire, or sub-tenant, as Concessionaire, from all
business conducted upon or from the Concession Area, including but not
limited to receipts from sale of food and beverages. The term "gross receipts"
shall exclude amounts of any Federal, State, or City sales tax, or other tax,
governmental imposition, assessment, charge or expense of any kind,
collected by the Concessionaire from customers and required by law to be
remitted to the taxing or other governmenlelig,uthority.
4.3 lnterest for Late Pavment. - l,
u''
Any payment which Concessionaire,il${:,,f5 tjfred to make to the City which is
not paid on or before the respective ddite provided for in this Agreement shall
be subject to interest at the rate of twelve (12%| percent per annum, or the
maximum amount allowable under Florida law, whichever is greater, from the
due date of payment until such time as payment is aCt*ally received by thecity'
,, i,,, '' I
: --=
4.4 Sales and Use Tai. -. L.
It is also understood th tli$',required Florida State Sales and Use Tax shall
be added to Concessiohaire's payments and forwarded to the City as part of
said payments. lt is the Citlf,;,p intentihat it is to receive all payments due from
Concessionaire as net of suclr Florida Slate Sales and Use Tax.
SECTION 5. MAINTENANCE AND EXAM|NATION OF RECORDS.
Concessionaire shall maintain Current, accurate, and complete financial records, on an
accrual baqisilirelgted to its operations pursuant to this Agreement. Systems and
proceduffiused t0rigaintain these records shallrinclude a system of internal controls; all
accodnLi records shatf;be maintained in accordance with generally accepted accounting
principlS€nd shall be opel to ihspection, copying, and audit by the City Manager or his
designee'Epen reasonablEverbalbr written notice, during normal hours of operation.
Concession@,gtratl maintain all such records at its principal office, currently located at
332 Lincoln RoHd; M-iami Beabh. Florida. 33139, or, if moved to another location, all such
records shall be relGEaled, qfjppncessionaire's sole expense, to a location in Miami Beach,
within ten (10) days fro1,'6-nS$Fe of request for inspection from the City. Such records and
accounts shall include, at a ffiinimum, a breakdown of gross receipts, expenses, and profit
and loss statements. ConCessionaire shallmaintain accurate receipt-printing cash registers
(or a like alternative) in the Concession Area which will record and show the payment for
every sale made or service provided in such Area. Such other records shall be maintained
as would be required by an independent CPA in orderto audit a statement of annual gross
receipts and profit and loss statement pursuant to generally accepted accounting
principles. Concessionaire records shall also be maintained for a period of three (3) years
following expiration (or other termination) of this Agreement (regardless of whether such
termination results from the expiration of the Term or for any other reason).
Concessionaire shall submit to the City Finance Department's Revenue Manager, within
sixty (60) days of the end of each contract year, an annual statement of gross receipts, in a
form consistent with generally accepted accounting principles.
235
SECTION 6. INSPECTION AND AUDIT.
The City Manager or his designee shall be entitled to audit Concessionaire's records as
often as he/she deems necessary throughout the Term, and three (3) times within the three
(3) year period following expiration (or other termination) of this Agreement. The City shall
be responsible for paying all costs associated with such audit(s), unless the audit(s) reveals
a deficiency of five (5%) percent or more in Concessionaire's statement of gross receipts
for any year or years audited, in which case Concessionaire shall pay to the City, within
thirty (30) days of the City deeming the audit final, the cost of the audit and a sum equal to
the amount of the deficiency revealed by the audit, plus interest. These audits are in
addition to periodic City audits of Resort Tax collections and payments (which are
performed separately).
It is Concessionaire's intent to stay informed.ofrcoffirnerts and suggestions by the City
regarding Concessionaire's performance undeithe Agreement. Within thirty (30) days after
the end of each contract year, Concessionaire and the City may meet to review
Concessionaire's performance under the Agreement for the previous contract year. At the
meeting, Concessionaire and the City may disCuss qug,,litp;operational, maintenance and
any othLr issues regarding Concessibnaiie's pe*p-rmedc'd under the Agreement.
Nothing contained within this Section shall preclude the City's audit rights for Resort Tax
collection purposes.
Concessionaire a and Shall pay, before delinquency, all taxes and assessments of
any kind (including, fritlrout limitation, ad valorem taxes, if assessed, and/or Resort Taxes)
levied or assessed upoilConcessionaire and/or the Concession Area including, without
limitation,any'such taxes and/-orass6s-srnentSthat may be levied and/orassessed against
Concessionaird andlorthe eb'fi.cessiori=A 'by reason of this Agreement, or by reason of
the business or other operatioris;hn_d/or activities of Concessionaire upon or in connection
with the Concession Area. *1,+".,I':'
Concessionaire will have the right, at its own expense, to contest the amount or validity, in
whole or in part, of any ta'x and/or assessment by appropriate proceedings, which
Concessionaire shall condudt diligently and continuously, in good faith. Concessionaire
may refrain from paying a'tax to the extent it is contesting the imposition of same in a
manner that is in accordance with law; provided, however, if, as a result of such contest,
additional delinquency charges become due, Concessionaire shall be responsible for such
delinquency charges, in addition to payment of the contested tax (if so ordered).
Concessionaire shall be solely responsible for and shall promptly pay when due all charges
for utility service(s) provided to the Concession Area (including all hook-up fees and impact
fees) for gas, electricity, water, sewer, cable, telephone, trash collection, etc.
Notwithstanding the preceding paragraph, the City shall charge Concessionaire a flat fee
for 1 ) electricity, in the amount of One Hundred Twenty ($120.00) Dollars per month; and
2) water usage, in the amount of Forty ($40.00) Dollars per month. The City reserves the
right, at its sole discretion, to adjust the flat monthly fees charged to Concessionaire for
electric and water use at any time during the Term, upon thirty (30) days priorwritten notice
236
to Concessionaire.
ln addition to other rights and remedies hereinafter reserved to the City, upon the failure of
Concessionaire to pay for such utility services when due, the City may elect to pay same
and Concessionaire shall promptly reimburse the City upon demand. ln no event shallthe
City be liable, whetherto Concessionaire orto third parties, foran interruption orfailure in
the supply of any utilities services to the Concession Area.
SECTTON 8. EMPLOYEES ANp TNpEpENpENT CONTMCTORS.
:::8.1 Concessionaire shall select, train, employ (or othenruise hire or retain) such
number of employees and/or independeht contractors as is necessary and
appropriate for Concessionaire to satisfy its responsibilities hereunder, and
as necessary to maintain the same levels of service as exist in similar first
class concession facilities qpd operations. Concessionaire's employees
and/or independent contractois shall be employees and/or independent
contractors of Concessionai16 nd not of the City, and Concessionaire shall
be solely responsible for their SUife_ruisrg$ llind daily direction and control.
Concessionaire shall be solely responsible for, and have the sole authorityto
hire, terminate and'discipline any andLall personnel and/or contractors
employed or retained by Concessionaire.
.8.2 Concessienaire and its employees and/,or indepbndent contractors shallwear
identification badges and uniforms approved by the City, such approval not
to be'urrieasonably- withheld, delayed or conditioned, during all hours of
operati6,h;.All empldyees andlor independent contractors shall observe all
the graces of per.g.gnal grooming. Concessionaire shall hire people to work in
= - peration wtro aie n6at;:clean, well groomed, and comport themselves in
,ttliif " a Brdf$sionalE rourte0Es=i*anner. Concessionaire and any persons hired
tLl,1il1.i!,', and/or l€iained b - ncessi6fiaire shall never have been convicted of a
''W+!;)'""Y (exetuding tra-fr.. nses)
=Goncessio naird Hhal I haVb an experienced manager or managers overseeing
thE$oncession operations at all times..i.#,riii
,rMll"
SECTION 9. HOURS OF:]gPERATION.
The Concession Area shall be open for business every day of the year, weather or events
of force majeure permitting. Concessionaire's minimum hours of operation shall be:
9:00 AM to 7:00 PM or Sunset (whichever occurs earlier)
Any change in the hours of operation including, without limitation, any request by
Concessionaire for an increase or decrease in same, shall be subject to the prior written
approval of the City Manager or his designee, which approval, if granted at all, shall be at
the City Manager's (or his designee's) sole option and discretion.
SECT]ON 10. IMPROVEMENTS, MAINTENANCE, REPAIR and OPERATION.
Concessionaire accepts the use of the Concession Area in its "AS !S" "WHERE lS"
10237
condition. Concessionaire assumes sole responsibility and expense for maintenance of the
Concession Area (including allfurniture, fixtures, equipment and any other improvements
thereon). This shall include, without limitation, daily (i.e. 365 days) removal of litter,
garbage and debris. Concessionaire shall also be responsible for all garbage disposal
generated by its operations.
10.1 lmprovements.
10.1.1 Any improvements to the Concession Area shall be at
Co ncessio nai re's so le expense a ndpshonsibil ity; provided, however,
that any plans for such improveme?its bhall be submitted to the City
Manager or his designee for pri.efi...lviritten approval, such approval not
to be unreasonably withheld, ddaydd,=o.r..rconditioned, and a list of the
approved improvements shall be attached hereto as Exhibit 10.1.1.
Upon termination and/or expiration of thiS Agreement, all personal
property and non-permanent trade fixturds may be removed by
Concessionaire without causing damage to the Concession Area.
All permanent'(fixed) improvements to the Concession Area shall
remain the pi.o.pefty. of the City upon termination and/or expiration of
this Agreemepd$f f,,p",r.vided in Subsection 1O.1.2.
Concessionaire fi1it p"r"iffiiens to attach to the Concession Area
arising from, connected with;ror related to, the design, construction,
'and installalion of anFfu ements.
Construction of any approved improvements shall be diligently- irosecuted to=completion and accomplished through the use of
,,Jieerrsed, reputabld contraetors who are acceptable to the City
MaEger or his designee. ln addition to obtaining the prior approval of
the€ily=Manager or his designee (acting on behalf of the City, in a
propriefu capacity), Concessionaire shall also be solely responsible
,.. for obtd, g, at its sole cost and expense, any and all permits,
{ft1 licensesftnd/or regulatory approvals; such regulatory approvals
'1, ;1fi-b_ich include, without limitation, land use board and/or the
dp,p;,o,y.a[$=of other req u i red reg u lato ry agencies havi ng j u risd iction )
reQuiF,,Hd= fo r the co nstructio n of i m prove ments.
Notwithstanding Subsection 10.1.1 hereof, upon termination and/or
expiration of this Agreement, Concessionaire shall immediately
remove any permanent improvements made to the Concession Area
during the Term, at Concessionaire's sole expense and responsibility.
ln such event, Concessionaire shall also restore the Concession Area
to its original condition prior to the improvements being made,
reasonable wear and tear excepted.
The above requirements for submission of plans and the use of
specific contractors shall not apply to improvements (which term, for
purposes of this subsection 10.'l .3 only, shall also include
10.1.2
10.1 .3
11
238
improvements necessary for Concessionaire's ongoi ng maintenance
and repair of the Concession Area) which do not exceed Five
Hundred ($500.00) Dollars; provided that the work is not structural,
and provided further that it is permitted by applicable law.
10.2 Garbage Receptacles.
With respect to litter, garbage and debris removal, Concessionaire shall
provide, at its sole expense, a sufficient number of trash receptacles for its
own use and for the use of its patrons. Determination of the "number" of
receptacles shall at all times be within the City Manager or his designee's
sole discretion. Disposal of the contents of said receptacles (and removal of
litter, garbage and debris within the Concession Area), shall be done on a
daily (i.e. 365 days) basis. Any costs for removal of the contents of said trash
receptacles by the City, because of the Concessionaire's failure to do so, will
be assessed to, and become^the responsibility of, the Concessionaire.
10.3
The dumping or disposal otiia.ny refuse, discards, trash or garbage,
generated by, or as a result of Ccincessionaire's operatiohs, into any of the
South Pointe Park trash receptaclEl,qftatl be strictly prohibited.
*t ,-rr iMaintenance/Repair. I =q
"Concessionaire shall maintain, at its sole bxpense and responsibility, all
furniture,,,,f"i,.!i.t,,,!res, and equipment (FFE) bnd any other improvements
(whethdi B'tiffianent or not) required to operate the concession. ln the event
any FFE,and/or bther improvement(s) is lost, stolen, or damaged, it shall be
replaced ol repaif€d promptly, at the sole expense of Concessionaire.
10.3.1
10.3.2
10.3.3
!91 ,,
All da#.h$€ar injlUrurof any,,kind to the Concession Area, and/orto any
improve''ffi'6nts andloi FFE thereon, except damage caused by the
willful miscd"nduct or $ioSS negligence of the City, shall be the sole
obligation of'C'oncessionaire, and shall be repaired, restored and/or
replaced prompt{$ by Concessionaire, at its sole expense, to the
satisfaction of the'City Manager or his designee.
All of theiaforesaid repairs, restoration and replacement shall be in
quality aid class equal to or better than the original work (or FFE, as
the case may be) and shall be done in good and workmanlike
manner.
lf Concessionaire fails to make any repairs, restoration and/or
replacement, the same may be made by the City, at the expense of
Concessionaire, and all sums spent and expenses incurred by the
City shall be collectable by the City and shall be paid by
Concessionaire within ten (10) days after receipt of a bill or statement
thereof. Notwithstanding that the City may elect to make such repairs,
restoration, and/or replacement, the City shall have no obligation
andior affirmative duty to do so.
It shall be Concessionaire's sole obligation to ensure that any10.3.4
12
239
renovations, repairs and/or improvements made by Concessionaire to
the Concession Area comply with all applicable permitting, building
codes and life safety codes of governmental authorities having
jurisdiction.
10.4 No Danoerous Materials.
Concessionaire agrees not to use or permit in the Concession Area the
storage and/or use of gasoline, fuel oils, diesel, illuminating oils, oil lamps,
combustible powered electricity producing generators, turpentine, benzene,
naphtha, propane, natural gas, or other similar substances, combustible
materials, or explosives of any kind, or any s[bstance or thing prohibited in
the standard policies of fire insurance companies in the State of Florida. Any
such substances or materials found within the Concession Area shall be
immediatgry removed
.;:..*"r,t:;:;:=
--,
,.,,.
ln consideration of a separ specific consid€ration of Ten ($10.00)
Dollars and other good ahdiiijlvaluable consideration, the receipt and
sufficiency of which are herbby ackn-q#ledged, Codiessionaire shall
indemnify and hold the City harmless fiom any loss, damage, cost, or
expense of the City, ihcluding, without-l,i tation, reasonable attorney's fees,
incurred as a result of, arising.from, oifunnected with the placement by
Concessionaire of any "hazardous_ substahffi,or "petroleum products" on,
under, in oJ.upon the Concessioh Area a$,those terms are defined by
applicable Federal and State statutes, or ariy environmental rules and
environmental re$ulations promulgated thereunder. The provisions of this
subsection 10.4 shall survive the termination or earlier expiration of this
10.5
Agreement.
:'',.Secunw.
Conce55lo.nflre shall be reSpohsible for and provide such reasonable
security rnB'Sbures as may be required to protect the Concession Area and
4y improveftpgts and FFE thereon. Under no circumstances shallthe City
be responsibleffor any stolen or damaged FFE; damage to or loss of any
impio*vements;Id1 any stolen, lost, or damaged personal property of
Cond6ssionaire'S employees, contractors, patrons, guests, invitees, and/or:::::: : ,any othdffiirQ rties, except if caused by the willful misconduct or gross
negligence,.Of"'the City, its officers, employees, contractors, agents or
servants.
lnspection.
Concessionaire agrees that the Concession Area (and operations thereon)
may be inspected at any time during hours of operation by the City Manager
or his designee, or by any other municipal, county or state officer, or other
agency having responsibility and/or jurisdiction for inspection of such
operations. Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference
with the concession operations, whether by the City or by any public agency
or official, in enforcing their respective duties, or enforcing compliance with
any applicable laws, or ordinances, or regulations.
10.6
13
240
Concessionaire shall maintain, at all times throughout the Term, at its sole expense and
responsibility, the following types of insurance coverage:
a. Comprehensive General Liability, in the minimum amount of One Million
($1,000,000.00) Dollars (subject to adjustment for inflation) per occurrence
for bodily injury and property damage. This policy must also contain
coverage for premises operations, products ald contractual liability.
tti l[.i{$b. Workers Compensation lnsurance shall*ffi#r/lt$\uired in accordance with the
laws of the State of Florida. ,,.*='
Nllffii=c. Automobile lnsurance shall be proVided coVe-.*-1tg all owned, leased, and
hired vehicles and non-ownership liability for not'"l s than the following limits
(subject to adjustment for inflation):
dE
-afi
Bodily lnjury +1,000,000.00 per petsbn.
Bodily$ury $1,000,000.00 per accidtiilit,-rM1@rn" $1 ;ooo'ooo.oo per accident
The policies of insurance refe,SSgd to d*[p,VS shall hot be subject to cancellation or
changing coverage except upor{fat leaS'trrthffi(30) days prior written notice to the
City, and then only subject to the prior wiitteh.approval of the City Manager or his
designee, such approval not to be"tihr.d.E nably w[thheld, delayed or conditioned.
Priorto the Commencement Date of thiS Agreement, Concessionaire shall provide
the City with a Certiflcate of lnsurance'ft5l each such policy. ALL POLICIES SHALL
NAM, HE Crry Or UTAUTSEACH f=OruOe AS AN ADDTTONAL NAMED
IN$URED. Allsuch policies shall be obtained from companies authorized to do
bNness in the'$t of Florida with an A.M. Best's lnsurance Guide (latest edition)
ra@ acceptable'16$e City'-s Risk Manager, and any replacement or substitute
compaq.-ry shall alsciffi subjeit lo the approval of the City's Risk Manager, such
aOnroffiot to be uffionably withheld, delayed or conditioned.
Should Conce'Ssio naii'e iail to obtain, maintain or renew the policies of insurance
referred to aboVe,. in'flthe required amounts, the City may, at its sole discretion,
obtain such insuranbe, and any sums expended by the City in obtaining said
insurance, shall be repaid by Concessionaire to the City, plus ten (10%) percent of
the amount of premiums paid to compensate the City for its administrative costs. If
Concessionaire fails to repaythe City's expenditures following written demand from
the City (and within the time specified in the City's demand notice), such failure shall
be deemed an event of default hereunder and the total sum owed shall accrue
interest at the rate of twelve (12o/o) percent until paid.
SECTION 12. INDEMNITY.
SECTION 11. INSURANCE.
ln consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency
12.1
14241
12.2
12.3
12.4
12.5
of which are hereby acknowledged, Concessionaire shall indemnify, hold
harmless and defend the City, its officers, employees, contractors, agents or
servants from and against any claim, demand or cause of action of
whatsoever kind or nature arising out of error, omission, or negligent act of
Concessionaire, its officers, employees, contractors, agents or servants in
the performance of services under this Agreement.
ln addition, and in consideration of a separate and specific consideration of
Ten ($10.00) Dollars and other good and valuable consideration the receipt
and sufficiency of which are hereby acknowledged, Concessionaire shall
indemnify, hold harmless and defend the City, its officers, employees,
contractors, agents or servants from and against any claim, demand or
cause of action of whatever kind orrature arising out of any misconduct of
Concessionaire, its officers, emp-.[q.....y es, contractors, subconcessionaire(s),
agents or servants not included- bsection 12.1ftrein and for which the
City, its officers, employees, contractors, subcondessionaire(s), agents or
servants are aileged to be rirbf$,i,il.,.kH'-_
*..A
=
Subsections 12.1 and 1 2.2 shall sU#hr-ffi..pp'termination or expiration of this
Agreement. Subsectiohs'12.1 and 12.2.bhall not apply, however, to any such
liability, that arises as a result of the willfEffisconduct orgross negligence of
the City, its officers, employees, contractoib, agents or servants.
!#r"Subrq,fl#ie$; .' -=
The teims of in'5-=ti'rance po'[i'e,ies 'referred to in Section 11 shall preclude
subrogiiiol claids against Concessionaire, the City and their respective
officers, eEpJoyeds, contractors, agents or servants.
Force Maieure.
Whenever a pdddd of time is ii.ppin prescribed for the taking of any action by
the City or ConCdssionaire (ai'applicable), the City or Concessionaire (as
applicable), shall not be liable or responsible for, and there shall be excluded
from the computation 6{,such period of time, any delays due to strikes, riots,
a'ets of God, shortages'CIf labor or materials, war, or governmental laws,
regulations, or reStrictions in the nature of a prohibition or moratorium, or any
bona f.ide delay beyond the reasonable control of City or Concessionaire (as
applicable). The foregoing shall not apply to any payments of money due
under 15;gfureement.
Waiver of Loss from Hazards.12.6
Concessionaire hereby expressly waives all claims against the City for loss
or damage sustained by the Concessionaire resulting from an event of Force
Majeure (as defined herein), and the Concessionaire hereby expressly
waives all rights, claims, and demands against the City and forever releases
and discharges the City from all demands, claims, actions and causes of
action arising from any of the aforesaid causes.
SECTION 13. DEFAULT AND TERMINATION.
Subsections 1 3.1 through 1 3.3 shall constitute events of default under this Agreement. An
event of default by Concessionaire shall entitle the City to exercise any and all remedies
15242
described as the City's remedies under this Agreement, including but not limited to those
set forth in Subsection 13.4 and Section 14. An event of default by the City shall entitle
Concessionaire to exercise any and all remedies described as Concessionaire's remedies
under this Agreement, including but not limited to those set forth in Subsection 13.5.
13.1 Bankruptcv.
lf either the City or Concessionaire shall be adjudged bankrupt or insolvent,
or if any receiver or trustee of all or any part of the business property of
either party shall be appointed, or if any receiver of all or any part of the
business property shall be appointed and shall not be discharged within sixty
(60) days after appointment, or if either party shall make an assignment of its
property for the benefit of creditors, or shall file a voluntary petition in
bankruptcy, or insolvency, or shall apply for reorganization or arrangement
with its creditors under the bantftrptcy or insolvency laws now in force or
hereinafterenacted, Federal, St*.t orotherwise;,or,.if such petitionsshallbe
filed against either party and shall not be dismissed within sixty (60) days
after such filing, then the othe.r arty may immediately, or at any time
thereafter, and without further demand or notice, terminate this Agreement
without being preju$,1ged as to any re=medies which may be available to it for
Default in Pavment. W
ln the everll Concessioha@ fails to submit any payment within five (5) days
of its due date,.there shall'fua [6fid pHHlg.R\-gJ Fifty (gSO.00) Dollars per day
for such late payment, in ad'Hj.tidh to interestat the highest rate allowable by
law. lf any payment and accumufated penalties are not received within fifteen
(15) days after the payment due date, and such failure continues three (3)
=r1; a,y--..,s,a,fter written notice thereof, then the City may, without further demand
',, -oi fl6iti0p,, terminate this Agreement without being prejudiced as to any
- remedies Which may be available to it for breach of contract, and may begin
i
i,,i,.,,l.."dures
tocollect the.Performance Bond required in Section 14 herein.
Nda-Moneta r'71i .bfa u lt.
lntEiBevent that Concessionaire or the City fails to perform or observe any of
the d6i.il.iuants, teims or provisions under this Agreement, and such failure
continU€.E-,,1,'ffirty (30) days after written notice thereof from the other party
hereto, sUCEEnon-defaulting party may immediately or at anytime thereafter,
and without further demand or notice, terminate this Agreement. ln the event
that a default is not reasonably susceptible to being cured within such period,
the defaulting party shall not be considered in default if it shall, within such
period, commence with due diligence and dispatch to cure such default and
thereafter completes with dispatch and due diligence the curing of such
default, but in no event shall such extended cure period exceed ninety (90)
days from the date of written notice thereof. ln the event Concessionaire
cures any default pursuant to this subsection, it shall promptly provide the
City with written notice of same.
Citv's Remedies for Concessionaire's Default.
lf any of the events of default, as set forth in this Section, shall occur, the
13.2
13.3
13.4
16243
City may, after notice (if required) and the expiration of cure periods, as
provided above, at its sole option and discretion, institute such proceedings
as in its opinion are necessary to cure such default(s) and to compensate the
City for damages resulting from such default(s), including but not limited to
the right to give to Concessionaire a notice of termination of this Agreement.
If such notice is given, the Term of this Agreement shall terminate upon the
date specified in such notice from the City to Concessionaire. On the date so
specified, Concessionaire shallthen quit and surrenderthe Concession Area
to the City pursuant to the provisions of Subsection 13.7. Upon the
termination of this Agreement by the _"Q1i att rights and interest of
Concessionaire in and to the Concessig.l3+.Ai.ea and to this Agreement, and
every part thereof, shall cease and term'tilil:t and the City may, in addition to
any other rights and remedies it maylaV€;'retain all sums paid to it by
Concessionaire underthis Agreement, includihg brt not limited to, beginning
procedures to collect the Performance Bond in S$0'$'#"on 14 herein.
ln addition to the rights set forth above, the City shall have the rights to
pursue any and all of the following:
a. the right to injunotion or other Similar relief available to it under Florida
b.at law or suits in equity or
damages resulting fiom
13.5
13.6
.,...,rrL QEggssionairels Rem6dies for €itv's Default.
'=-. lf=Eh'CVent of default, as set forth in this Section, by the City shall occur,
ConceSsionaire may, after the expiration of the cure period, terminate this, Agreement'Bpon written notice to the City. Said termination shall becomei -Sective up6rgfu-e"ceipt of the written notice of termination by the City. On the'd specified?ffihe notice, Concessionaire shall quit and surrender the
CdE'cession Arffio the City pursuant to the provisions of Subsection 13.7.
Te rm i nati'bn:f6,,i1!Co n ve n i e n ce.
13.6.1
::::=-
Notrruiihstanding any other provision of this Section 13, this Agreement
may be terminated, in whole or in part, by the City, for convenience
and without cause, upon the furnishing of sixty (60) days priorwritten
notice to Concessionaire.
ln the event of termination by the City pursuant to this subsection,
Concessionaire herein acknowledges and agrees that it shall not have
any claim, demand, or cause of action of whatsoever kind or nature,
against the City, its agents, servants and employees (including, but
not limited to, claims for any start-up costs, interference in business or
damages for interruption of seryices, or interference in its concession
operations). ln no event shallthe City be liable to Concessionaire for
13.6.2
17244
13.7
any indirect, incidental, special, lost profits or consequential damages.
Surrender of Concession Area.
At the expiration of this Agreement, or earliertermination in accordance with
the terms of this Agreement, Concessionaire shallsurrenderthe Concession
Area in the same condition as the Concession Area was prior to the
Commencement Date of this Agreement, reasonable wear and tear
excepted. Concessionaire shall remove all its personal property, upon forty-
eight (48) hours written notice from the City Manager or his designee unless
a longer time period is agreed to by the City. Concessionaire's obligation to
observe or perform this covenant shall survive the expiration or other
termination of this Agreement. Continued occupancy of the Concession Area
after termination of the Agreement shall constitute trespass by the
Concessionaire, and may be,,,lprgsecuted as such. ln addition, the
Concessionaire shall pay to t!:!=g0iry One Thousand ($1,000.00) Dollars per
day as liquidated damages,f.6 Uch trespass and holding over.
CE BOND OR AET€RNATI }SECURITY.
Concessionaire shall, on or before the Comme of this Agreement, furnish to
the City Manager or his designee a-Performance Aonii*in the penal sum as stated below
forthe payment of which Concessionaire shall bind itSelf forthe faithful performance of the
terms and conditions of this Agreement. A PerformanCe Bond, in the amount of Two
Thousand Two Hundr:ed=F ($2,250.00) Dollars, shall'b'6'' quired and be in faithful
observance of this Agreement. A cash deposit, irrevocable letter of credit, or certificate of
deposit may also,,: ffice, as'ddermined by the City Manager or his designee in his
reasonable discretion.. The form of the Performance Bond or letter of credit shall be as
required by the City Manager or his designee. ln the event that a Certificate of Deposit is
approved, it shall be a T =o-$odsand Two Hundred Fifty ($2,250.00) Dollar one-year
Certificate of Deposit in favoiffihe Citr; whicfr shall be automatically renewed, the original
of which shall be held by the Ci[y:s Chief Financial Officer. Concessionaire shall be so
required to maintain said Performahg.g Bond or alternate security, as accepted by the City
Manager or his designee, in full fordb and effect throughout the Term of this Agreement.
Concessionaire shall have an affirmatile duty to notify the City, in writing, in the event said
Performance Bond or alternate security lapses or othenruise expires. All interest that
accrues in connection with any financial instrument or sum of money referenced above
shall be the property of Concessionaire, except in an event of default, in which case the
City shall be entitled to all interest that accrues after the date of default.
SECTION 1 5. ASSIGNMENT.
Concessionaire shall not assign, sublease, grant any sub-concession or license, permit the
use of by any other person other than Concessionaire, or othenarise transfer all or any
portion of this Agreement and/or of the Concession Area (all of the forgoing are herein after
referred to collectively as "transfers"), without the priorwritten consent of the City Manager,
which consent shall not be unreasonably withheld.
Concessionaire shall notify the City Manager of any proposed transfer prior to
consummation of same. ln the event that any such transfer is approved, the transferee
shall agree to be bound by all the covenants of this Agreement required of the transferor
hereunder.Anytransfer made without complying with this section shall be null, void, and of
18245
no effect and shall constitute an act of default under this Agreement. Notwithstanding any
such consent, or any permitted transfer under any provision of this section, unless
expressly released by the City Manager, Concessionaire shall remain jointly and severally
liable (along with each approved transferee, who shall automatically become liable for all
obligations of the transferor hereunder with respect to that portion of the Agreement so
transferred), and the City shall be permitted to enforce the provisions of this Agreement
directly against Concessionaire or any transferee of Concessionaire without proceeding in
any way against any other person.
SECTION 16. SPECIAL EVENTS / SPONSORSHIPS.
16.1
16.2
16.3
a.ii=..:tt;.zr,
'.|L.
The parties agree and acknowledge that Concessionaire's proposed use(s),
as defined in Section 3 hereof, do not contemplate nor allow the production,
promotion or sponsorship by the Concessionaire of special events in or
around the Concession Area.
Citv Special Events. ,-
Notwithstanding Subsection 16.1 herein, and in the eveht thal the City, at its
sole discretion, dee-,811$Jhat it would be in the best interest of the City, the City
reserves the right t6;-$..iSpface the Concessionaire for City produced and/or
sponsored special 'events and/or City produced and/or sponsored
productions, upon fivE (5) dayb prior written notice to Concessionaire.
Additionally, the aforestated evehts may also require additional time for load-
in and load-outr,of the ev€n!. fp,sruCff1ie.,...9,9s, the City may request that
Concessionaire Cease and de.p,.,i$t operati6EHuring the term of, and in the
area of, the specialevent and/ffiroduction, and Concessionaire shallcease
and desistduring ch time. T6|the extent that Concessionaire is displaced,'W,!9r required to cease and deiistoperations, Cityshall provide, calculated
-'6h'Eper diem basis for the period of time the Concession Area is non-
operatioha=Ea credit against Concessionaire's PG amount, as delineated in' Section 4.Z',fterein lf,the Concessionaire is not required to close, orthe City
'.,=;: nager or hiS"-designee determines that Concessionaire may remain open
"'iE'.such a man.i.16; as prescribed by the City, that will not interfere with the
g-iul event apO{or production, Concessionaire shall use its best efforts, in
eitheil rffise, in$d-operating with the City. lf Concessionaire is allowed to
rema i n'€pend'B,{hg specia l events a nd/o r prod uctio ns, Co ncessio nai re may
be allowed'-tGflave in operation its normal daily complement of equipment
and staff. "Normal" shall be defined as equipment and staff that the
Concessionaire customarily has available to service its patrons within the
Concession Area on a normal business day (during its hours of operation).
Sponsorships.
The City reserves unto itself all present and future rights to negotiate all
forms of endorsement and/or sponsorship agreements based on the
marketing value of any City trademark, property, brand, logo and/or
reputation. Any and all benefits derived from an endorsement and/or
sponsorship agreement based on the marketing value of a City trademark
property, brand, logo and/or reputation, shall belong exclusively to the City.
Concessionaire shall be specifically prohibited from entering into, or
19246
othenarise creating any, sponsorships and/or endorsements with third parties
which are based solely or in any part on the marketing value of a City
trademark, property, brand, logo and/or reputation.
SECTION 17. NO IMPROPER USE.
Concessionaire will not use, nor suffer or permit any person to use in any manner
whatsoever, the Concession Area for any improper, immoral or offensive purpose, or for
any purpose in violation of any Federal, State, County, or municipal ordinance, rule, order
or regulation, or of any governmental rule or regulation now in effect or hereafter enacted
or adopted. Concessionaire will protect, indemnify, and Jolever save and keep harmless
the City, its officers, employees, contractors, agents or-s-e. s, from and against damage,
penalty, fine, judgment, expense or charge suffered,.itfrp ed, assessed or incurred for any
violation, or breach of any law, ordinance, rule, ordproi regtlation occasioned by any act,
neglect or omission of Concessionaire, or any of its offiie-rs, employees, contractors,
agents or servants. ln the event of any violation by Concessionaire, or if the City shall
deem any conduct on the part of Concessionaire to be objectionaQJp,or improper, the City
Manager or his designee shall have the right to suspend the concedbi"onoperations should
the Concessionaire fail to correct any such violation, conduct, or practiCe !o the satisfaction
of the City Manageror his designee within twenty-fourQ$ hours after receiving written or
verbal notice of the nature and efient,of such violation, conduct, or practice; such
suspension to continue until the vidHiU.fiaiE.cured. Concessionaire further agrees not to
commence operations during tne sJtpgniion untilthe violation has been corrected to the
::::::I :I J: :IJilil" *'U";= G
18.1 Concessionaire agrees that pricgs*charged forthe sale of food and beverage
;.Je-wjce will berconsistent *,,n ,6*;;$rice schedule(s) herein submitted by the
-ffii,i"== e5sionaifu and approveo nyihe City and incorporated herein as exhibits-t:liiiii, to this A,g1ee,.m9nt""All subsequent price approvals and changes must be
""1ii1j,,,,,., approved ih Wfiting by the City Manager or his designee, such approval not',0.# be unreasonably withheld, delayed or conditioned. Prices shall be'$asonably coE-sistent with those charged for similar items in other similar
puhffc concessions in the City. The City shall have the final right of approval
for 6ll such prices and changes, such approval not to be unreasonably
18.2
withheld;"d,e-la@ or conditioned. Concessionaire agrees to refrain from the
sale of ari ,$f$e identified as prohibited by the City and to sell only those
items approVed bythe City. Concessionaire agrees to maintain an adequate
supply necessary to accommodate park patrons.
Notwithstanding Subsection 18.1, Concessionaire acknowledges that the
City has an existing "Concession Agreement for Operation of Vending
Machines", dated October 19, 2005, which entitles the vendor to the
placement of up to six (6) vending machines within South Pointe Park.
Concessionaire shall at all times price products of similartype and/orvolume
in a manner equal or greater to the pricing of the vending machine item(s). At
no time shall Concessionaire's item(s) be sold at a lower price than similar
items sold in the vending machines.
20247
SECTION 19. NOTICES.
All notices from the City to Concessionaire shall be deemed duly served upon receipt, if
mailed by registered or certified mail with a return receipt to Concessionaire at the following
addresses:
Kim E. Pham, Manager
Blissberry, LLC
332 Lincoln Road
Miami Beach, Florida 33139
With copies to: : ,="
Craig M. Dorne, P.A.
407 Lincoln Road, Penthouse SE
Miami Beach, Florida 33139
All notices from Concessionaire to the Cit! $ all be deemed duly served upon receipt, if
mailed by registered or certified mail return reCeipt requested to the City of Miami Beach at
the following addresses: "$"-
.::i::::r:i:t1;r"
With copy to: j,rl:::
Trra
.,3ty Manager '='
,
City of Miami Beach
1700 Convention Center Drive :t,fi6,"m' Beach, FL'33139 'tlr'
City of Miami Beach
;t=469*ntrfilte.€.ffice of Rea I E statejrs,:
1700 Convention Center Drive.'-, i,-:'Bigmi Beath:YiiFl 33 1 39
:$#
Concessionaire and the City may cFibnge the above mailing addresses at any time upon
giving the othet party written notification. All notices under this Agreement must be in
writing.
l,:''
SECTION 20. LAWS.= -.,i,-
,
20.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and
Federal ordinances, statutes, rules and regulations (including but not limited
to all applicable environmental City, County, State, and Federal ordinances,
statutes, rules and regulations, as same may be amended from time to time.
Equal Emplovment Opportunitv.
Neither Concessionaire nor any affiliate of Concessionaire performing
services hereunder, or pursuant hereto, will discriminate against any
employee or applicant for employment because of race, sex, sexual
orientation, color, creed, national origin, familial status, religion or handicap.
20.2
21248
Concessionaire willtake affirmative steps to utilize minorities and females in
the work force and in correlative business enterprises.
No Discrimination.
Concessionaire agrees that there shall be no discrimination as to race, sex,
sexual orientation, color, creed, national origin, familial status, religion or
handicap, in its employment practice or in the operations referred to by this
Agreement; and further, there shall be no discrimination regarding any use,
service, maintenance, or operation within the Concession Area. Allfacilities
and services offered shall be made available to the public.
. :]:::::::.:
i' ,:::::::=
SECTION 21. MISCELLANEOUS. Sli i
21.1 No Partnership. ,$" 'fl.+i
Nothing contained in this Agreeme-ht shall constiitiiJgrpr be construed to be or
create a partnership or joint venture between the S_-t}=nd Concessionaire.
21.2
20.3
21.3
:
:i
21.4
21.5
21.6
Modifications.
This Agreement c?=EI;}g! be changed .o- odified except by agreement in
writing executed byalffirties hereto. Cohcessionaire acknowledges that no
modification to this Agre=eme_nt-may be agreed to bythe City unless approved
by the Mayor and City mmiS$n except where such authority has been
expressly prqyided hereifu the'City, ager.
I 'w/
Complete Aqreement. ,,.,'i" '.1
This Agreement, togetherwith a|l€xhibits iniorporated hereto, constitutes all
the understandings and agree!-fr..-Q;ts of whatsoever nature or kind existing
@Utlr,rcen th6='parties with resiiiicl to Concessionaire's operations, as
=-oilGffinfated hedn =
Headinos.rh6non, su.Bsection and paragraph headings contained herein are for-'cCI'ntrenience bf reference only and are not intended to define, limit, or
d6$eribe the sco or intent of any provision of this Agreement.
:
Bindinq Effect.
This Agreeffiilt sfratt be binding upon and inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall
not affect the validity of the remainder of the Agreement, and the Agreement
shall remain in full force and effect as if such illegal or invalid term or clause
were not contained herein unless the elimination of such provision
detrimentally reduces the consideration that either party is to receive under
this Agreement or materially affects the continuing operation of this
Agreement.
Severabilitv.21.7
249
21.8
21.9
21.10
,,ffij
lf any provision of this Agreement or any portion of such provision or the
application thereof to any person or circumstance shall be held to be invalid
or unenforceable, or shall become a violation of any local, State, or Federal
laws, then the same as so applied shall no longer be a part of this
Agreement but the remainder of the Agreement, such provisions and the
application thereof to other persons or circumstances, shall not be affected
thereby and this Agreement shall be so modified.
Risht of Entrv.
The City, at the direction of the City Mana€,€i*hall at all times during hours
of operation, have the right to enter i mg upon any and all parts of the
Concession Area for the purpose o ariii61,fp the same for any reason
relating to the obligations of parties tdthis A$f nt.
Notalease. i tu^
It is expressly understood and agreed that no part, pdrffil, building, structure,
equipment or space is leased to€oncessionaire; thattffS54greement is a
concession agreeme--nt€nd not a lease3nd that ConceSsibnaire's right to
operate, manage, aq, if!,.lain the conc€ssion shallcontinue only so long as
Concessionaire coni'p.' S' lt,the undertakings, provisions, agreements,
stipulations and conditions of t(ffireement,
Accordingly,'Concessionaffi,,he,..L- agfieg; and acknowledges that in the
event of termination of tliid:::A ementi, hether due to a default by
Concessionaire or othenruise, Coicessionaiie shall surrender and yield unto
the City thEConcession Area,'*Eccordance with Subsection 13.7 hereof,
(.4?s#&i;{ltS City's5-;11 in no way beffiuired to evict and/or othenryise remove
l:=:'adhdnn"*ronaire'from the Conces$ibn Area as if this were a tenancy under
Cha ptei8ff lo rid'a' Statutes, noiiha I I Co ncessio na i re be afford ed any other
:. rights affoid to nonresidentialtenants pursuantto said Chapter(the parties
'.:'having herein bxoressly acknowledged that this Agreement is intended to be
aryssion dlftement and is in no way intended to be a lease).
Siqnaqe. li+
ConceSSffiair:e Shall provide, at its sole expense and responsibility, any
required di$fi$ at its concession. All advertising, signage and postings shall
be approved by the City, and shall be in accordance with all applicable
Municipal, County, State and Federal laws and regulations. Any signage
posted by Concessionaire shall be subject to the prior approval of the City as
to size, shape and placement of same, such approval not to be unreasonably
withheld, delayed or conditioned.
21.11 Conflict of lnterest.
Concessionaire shall perform its services under this Agreement and conduct
the concession operation(s) contemplated herein, in a manner so as to show
no preference for other concession operations/facilities owned, operated,
managed, or othenruise controlled by Concessionaire.
23250
21.12 No Waiver.
21.12.1
21.12.2
21.12.3
It is mutually covenanted and agreed by and between the parties
hereto that the failure of the City to insist upon the strict performance
of any of the conditions, covenants, terms or provisions of this
Agreement, or to exercise any option herein conferred, will not be
considered or construed as a waiver or relinquishment for the future
of any such conditions, covenants, terms, provisions or options but
the same shall continue and remain in full force and effect.
A waiver of any term expressed herein shall not be implied by any
neglect of the City to declare a forfeiture on account of the violation of
such term if such violation by continued or repeated subsequently and
any express waiver sha,l|:#tgt-ffect an'y term other than the one
specified in such waiver and that one only for the time and in the
manner specificallV state!
The receipt of any sumfuai.9 by===.€ cessionaire& the City after
breach of any condition, covenant, term or provision herein contained
shall not be d€emed a waiver,ffi,puch breach, but shall be taken,
considered and construed as payment for use and occupation (and
not as rent), unless such breach be expressly waived in writing by theCity. ?
21.13
shall confer upon any person or entity, other than
the parties t'hreA respeGtive successors and permitted assigns,
any rights or re e.dies bV? n of this Agreement.
The City desires to enter into this ASjlE ment placing the management and operation of the
Concession Area in the hands of a priVate management entity only if so doing the City can
place a limit on its liability for any cause of action for breach of tfris Agreement, so that its
liability for any such breach never exceeds the sum of Ten Thousand ($10,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this Agreement with a Ten
Thousand ($10,000.00) Dollar limitation on recovery for any action for breach of contract.
Accordingly, and in conSideration of the separate consideration of Ten Thousand
($10,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be
liable to Concessionaire for damages to Concessionaire in an amount in excess of Ten
Thousand ($10,000.00) Dollars, forany action 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 paragraph or elsewhere in this Agreement is in any
way intended to be a waiver of limitation placed upon the City's liability as set forth in
Florida Statutes, Section 768.28.
SECTION 23. VENUE.
This Agreement shall be deemed to have been made and shall be construed and
interpreted in accordance with the laws of the State of Florida. This Agreement shall be
Nothing iil this
251
enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party
with respect to the enforcement of any and all the terms or conditions herein, exclusive
venue for the enforcement of same shall lie in Miami-Dade County, Florida.
THE CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY
WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT THE
CIry AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH
OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CONCESSTON AREA.
#i,\\\
lN WITNESS WHEREOF, the parties hereto haffiCaused their names to be signed
and their seals to be affixed, all as of the day and y,q$iifiEt above written, indicating theiragreement. I ','
Attest:CITY OF MIAMI=E-ilCH, FLORIDA
Rafael Granado, CITY CLERK
:
Philip Levine, MAYOR
ffiiii',M'-''
=3LISSBE..R.RY, LLCAttest:
Signatuie Kim E. Pham, Manager
Signatuie ,i
Print Name
CORPORATE SEAL
(affix seal here)
25252
F:\RHCD\$ALL\ECON\$ALLIASSET\SOPTPARK\Blissberry Concession Agreement.FlNAL.doc
Iffituu,,
26253
EXHIBIT 2.1
Concession Area
F
=.flxrguazo<
tsEE)ZEUE!s:5(,Z*
f;$=l!v-E
I
frJ:)0
Eo
u,t0-()
J,l)
:8Nu
27254
Yo3arl Br,r & *erc.h 6r;//
56i llav,t a. Yt*r : .9arn-Swutt
llt,yb lrrrit' tiil. Sua,u hilli
bli,tt beoeraget
bliad lI2O, l.turt J'r*ib loul'l)[/i,r,r , yau nuty *unl2. I 1p s6.[1t boru'.
L-r.iiee ()reen 'lea: A SOBE Faur;ft , S$eet or Un-srakne), vou,'!,lirt
lr'r"esh Squeez-ed Soda l,emtinade: mti)e *y'.h'col, ,tiu.etztl) /orul lnnona, it will /,ult,!d up ltour i.l,ry
Fresh Squeezed Lem<:na,Je: lla& /refi )aily u'itb /,,cat lzmont
Vietrramese Tcerd Cirffee 16oz: Coarmtt c,r-/ee ul eon?cntt] nilA, a/talyn nnr)ft.rftA.teer it.
Fresh Srlueezed .Juicc l6 oz: l00o,h Local,zni)Jred/tly.r1uu:ar lo perj,ction, l'ou can tttttc t/stfre,,hnu,t
Ii'resh Squcezed Srnoothics 1(i oz:
lrlisslrerry snow- bubble /y'zrlt /,/erth.?.iruit an*nlhtl bycrci) orer a ti.ipi,tr:a hoil trul
Go u rmet b llt i berry Yog ur t
M:ini: 4 oz rty''lbppings
Mediun: B oz ty' Toppings
-&lega: 16 oz w'/'Iirppiags
@u**hmnns@
Gourmet Cupcaket / Snacht
3 i $5.00
$2
$2
$4
t4
$4
$,i
$6
$rt
EXHIBIT 3.1.1
Menu & Prices
(page 1 of 2)
Ii-in1liaq Bli.ta to ylu!
.\.Iirri
1'hrr I)[ Kicl
Bliss Snack.s
$.;.00
s6.00
$8.50
$r.50
$3.00
28255
@$$mmtuwr-rk$@
Yo3url &ar
(".
@ffil&d i.{,M
Goo} t?Iorning Miami
S'Iorning Pastries
IIot alJ' Tbe Prcat
Panini
f]uesadilla: iltadt: with blenderl chcest: and pressed to lxrfttti.on
Soupd an7 talaA,t
Slrinnv l)\r: Irath cut Veggiu 'tl Dip
bli ssberrv Signatrr re Salad
Fruit Salad: A medlc,y of lrcsh fruits
Caesar Salad rv/ Clrilled or: Illackened Chicken
Soup of the f)aw: Prepared rv otlv the frtshest ingredieilts.lou will .rlwavs [:e satisfied
'Ibtt elT'inya
No Meat please Quesadilla, [i]led rvith fresL grared cheese and
(]rillcd I(oshur Hot f)oggie Dog
'f hc C;rilled Chcese: A perfect grillc'd cheese sandrvich made with 3'11tl1 brcad o{:choicc
'111, it rvith to1>pingsl add ($1) r'ach
Sout:h Point
lllv'\).I"am,ut,' ,tr|hmi Butlt, l'l 3J159
'lt/.5tb' 558..i1;t)
TFXT: RtiuZGo
EXHIBIT 3.1.1
Menu & Prices
(page 2 of 2)
&&uaeh Gri/l
$6
lb9
$9
$e
$10
$10
$12
$4 "up
58 l,utl
$6
$6
I'(>
fi7
ll.'b,: I)liu I4uh1t ('a,0 ateptr) onlyi ]tt% Dl.SC){itYll) 'v/ I*yalty (lar)
B r in_r1 in g l, l;d a to yo u t
C'anb ot
29256
EXHIBIT 3,1,2
Concessionaire's Equipment List
Slla'
qffi;
,.EHi"r, n-*"&+ii:\- ^\\rPult::::ut: : :uuuut+-
*is\..F;\.\N
N
.,slliill
Bread Rack \iil jR\"Freezer :,,
Prep Table with fridge :
Toaster
Juicers (2)
l,,r,i Blenders (2)
=. Cash Register
i,i[@.I levision
,n%
*,,M
\!:e:
30257
EXHIBIT 10.1,1
Concessionaire's I mprovements
7a-r*
"ti.'
,. ..... .,,..4,..._.= ., r.
Concessionaire does not anticip-te the ne. akd any improvements.'w -*'@
...::=: .::.rt.::.....:.....:.:= =,, , :i
=-
,,tL
t ' 1:
irtitittrrrrt
*_ :1ffi
31258
EXHIBIT 21.10
Concessionaire's Signage
Feqryffi iuBM lrrEDBY coNcESSloNAIRE)
===
32259
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Creating 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
ent Plan.
N/A
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation :
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. ln accordance with Chapter
259.032(10) of the Florida Statutes, the City must create an advisory group of community stakeholders
representing specific organizations and entities to review the draft Plan and provide comments at a
minimum of one public meeting.
At the April 15,2015 Commission meeting, the City Commission appointed Commissioner Michael Grieco
as the local elected official and asked that he work with staff to select the other required members of the
advisory group. ln addition to Commissioner Grieco, the recommended advisory group members are as
follows:
. Staff from the Tourism, Cultural and Economic Development Department, the Environment and
Sustainability Division, and Ocean Rescue to represent the City, the lead land managing agency;. Staff from Miami-Dade County's Beach Operations and Beach Renourishment programs to
represent the County, a co-managing entity;. Staff from the Florida Department of Environmental Protection's Coastal Construction Control Line
program to represent the State, a co-managing entity;o Steve Vicenti, a member of the Waterfront Protection Committee, and a representative of the
Boucher Brothers to represent local private property owners;. A representative of the South Dade Soil and Water Conservation District, the City's corresponding
soil and water conservation district; and,. Greg Guannel, Urban Conservation Director at The Nature Conservancy to represent a local
conservation organization.
The Administration recommends the creation of advisory group and the appointment of the recommended
members in accordance with Chapter 259.032(10) of the Florida Statutes at the discretion of the City
Commission.
Financial I nformation :
Source of
Funds:
Amount Account
1
OBPI Total
Sign-Offs:
Mgmt Plan Advisory Group - Summary
AGENDA ITd/, C 7Zts AAIAEAISTACH DhrE s-6-l {260
g MIAMIBTACH
City of Miomi Beoch, 'l 700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSI MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION CREATING AN ADVISORY GROUP !N
ACCORDANCE WITH 259.032(10) OF THE
FLORIDA 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. ln 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;o The appropriate soil and water conservation district;. A local conservation organization; and,o A local elected official.
At the April 15, 2015 Commission meeting, the City Commission appointed
Commissioner Michael Grieco as the local elected official and asked that he work with
staff to select the other required members of the advisory group. ln addition to
Commissioner Grieco, the recommended advisory group members are as follows:
o Staff from the Tourism, Cultural and Economic Development Department, the
Environment and Sustainability Division, and Ocean Rescue to represent the
City, the lead land managing agency;o Staff from Miami-Dade County's Beach Operations and Beach Renourishment
programs to represent the County, a co-managing entity;
TO:
FROM:
City mrssron
261
Beachfront Mgmt Plan Advisory Group Memo
May 6, 2015
Page 2 of 2
. Staff from the Florida Department of Environmental Protection's Coastal
Construction Control Line program to represent the State, a co-managing entity;. Steve Vicenti, a member of the Waterfront Protection Committee, and a
representative of the Boucher Brothers to represent local private property
owners;. A representative of the South Dade Soil and Water Conservation District, the
City's corresponding soil and water conservation district; and,. Greg Guannel, Urban Conservation Director at The Nature Conservancy, to
represent a local conservation organization.
CONGLUSION
The Administration recommends the creation of advisory group and the appointment of
the recommended 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 Statutestl---t
JJ/MFidSW/MKW
262
Chapter 259 Section 032 - 2014 Florida Statutes Page 1 of8
,t{enu
2014 Florida Statutes
< Back to Statute Search
Title XVII PUBLIC LANDS AND PROPERTY
Chapter 259 LAND ACQUISITIONS FOR CONSERVATION OR
RECREATION
SECTION 032 Conservation and Recreation Lands Trust Fund; purpose.
259.032 Gonservation and Recreation Lands Trust Fund; purpose.-
(1) lt is the policy of the state that the citizens of this state shall be assured public ownership of natural
areas for purposes of maintaining this state's unique natural resources; protecting air, land, and water
quality; promoting water resource development to meet the needs of natural systems and citizens of this
state; promoting restoration activities on public lands; and providing lands for natural resource based
recreation. ln recognition of this policy, it is the intent of the Legislature to provide such public lands for the
people residing in urban and metropolitan areas of the state, as wellas those residing in less populated,
rural areas. lt is the further intent of the Legislature, 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 population and, with regard to the lands 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 Wildlife Conservation Commission's approved species or habitat
recovery plans, 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 established pursuant to s. 259.035, or its successor, cannot
be adequately protected by application of land development regulations adopted pursuant to s. 380.05.
Finally, it is the Legislature'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 values, and provide the greatest
benefit, including public access, to the citizens of this state.
(2)(a) The Conservation and Recreation Lands Trust Fund is established within the Department of
Environmental Protection. The fund shall be used as a nonlapsing, revolving fund exclusively for the
purposes of this section. The fund shall be credited with proceeds from the following 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 .3103.
The Department of Revenue shall credit to the fund each month the proceeds from such taxes as provided
in this paragraph.
(b) There shall annually be transferred from the Conservation and Recreation Lands Trust Fund to the
Land Acquisition Trust Fund that amount, not to exceed $20 million annually, as shall 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 lands on the established priority list developed 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, shall be used or made available to pay debt service on the Save Our
Coast revenue bonds. Amounts transferred annually from the Conservation and 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
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transfers shall 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 shall be used to manage lands and to pay for related 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 allocate moneys from the fund in any one year to acquire the fee or any lesser interest in lands for the
following public purposes:
(a) To conserve and protect environmentally unique and irreplaceable lands that contain native,
relatively unaltered flora 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 conserve 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 Florida Natural
Areas lnventory, and especially 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, coastal, recreational, timber, or fish or wildlife resources which cannot otherwise be
accomplished through localand state regulatory programs;
(e) To promote water resource development that benefits natural systems and citizens of the state;
(f) To facilitate the restoration and subsequent health and vitality of the Florida Everglades;
(g) To provide areas, including recreational trails, for natural resource based recreation and other
outdoor recreation on any part of any site compatible with conservation purposes;
(h) To preserve significant archaeological or historic sites;
(i) To conserve urban open spaces suitable for greenways or outdoor recreation which are compatible
with conservation purposes; or
(j) To preserve agricultural lands under threat of conversion to development through lessthan-fee
acquisitions.
(4) Lands acquired under this section shall be for use as state-designated parks, recreation areas,
preserves, reserves, historic or archaeological sites, geologic or botanical sites, recreational trails, forests,
wilderness areas, wildlife management areas, urban open space, or other state-designated recreation or
conservation lands; or they shall qualify 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 allocate, in any year, an amount not to exceed 5 percent of the money
credited to the fund in that year, such allocation 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 obligations incurred under this section shall be deposited
with the Chief Financial Officer to the credit of the fund and may be invested in the manner provided by law.
lnterest received on such investments shall be credited to the Conservation and Recreation Lands Trust
Fund.
(7) The board of trustees may enter into any contract necessary to accomplish the purposes of this
section. The lead land managing agencies designated by the board of trustees also are directed by the
Legislature to enter into contracts or interagency agreements with other governmental entities, including
local 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 would cost more to provide in-house.
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Such activities shall include, but not be limited to, controlled burning, road and ditch maintenance, mowing,
and wildlife assessments.
(8) Lands to be considered for purchase under this section are subject to the selection procedures of s.
259.035 and related rules and shall be acquired in accordance with acquisition procedures for state lands
provided for in s. 259.041 , except as otherwise provided by the Legislature. An inholding or an addition to a
project selected for purchase pursuant to this chapter is not subject to the selection procedures of s.
259.035 if the estimated value of such inholding or addition does not exceed $500,000. 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 title work, appraisal fees, environmental audits, and survey costs related to acquisition expenses
for lands to be acquired, donated, or exchanged which qualify 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 land may be acquired in accordance with the provisions of chapter 73 or chapter 74, and the
fund may be used to pay the condemnation award and all costs, including a reasonable attorney's fee,
associated with condemnatron.
(9) All lands managed under this chapter and s. 253.034 shall be:
(a) Managed in a manner that will provide the greatest combination of benefits to the public and to the
resources.
(b) Managed for public outdoor recreation which is compatible with the conservation and protection of
public lands. Such management may include, but not be limited to, the following public recreational uses:
fishing, hunting, camping, bicycling, hiking, nature study, swimming, boating, canoeing, horseback riding,
diving, model hobbyist activities, birding, sailing, jogging, and other related outdoor activities compatible with
the purposes for which the lands were acquired.
(c)- Managed for the purposes forwhich the lands were acquired, consistent with paragraph (1 1)(a).
(d) Concurrent with its adoption of the annual Conservation and Recreation Lands list of acquisition
projects pursuant to s. 259.035, the board of trustees shall adopt a management prospectus for each
project. The management prospectus shall delineate:
1. The management goals for the property;
2. The conditions that will affect the intensity of management;
3. An estimate of the revenue-generating potential of the property, if appropriate;
4. A timetable for implementing the various stages of management and for providing access to the
public, if applicable;
5. A description of potential multiple-use,activities as descrrbed 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, including legislative
appropriations, to fund management needs; and
8. Recommendations as to how many employees will be needed to manage the property, and
recommendations as to whether local governments, volunteer groups, the former landowner, or other
interested parties can be involved in the management.
(e) Concurrent with the approval 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 shall
designate an agency or agencies to manage such lands. The board shall evaluate and amend, as
appropriate, the management policy statement for the project as provided by s. 259.035, consistent with the
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purposes for which the lands are acquired. For any fee simple acquisition of a parcel which is or will be
leased back for agricultural purposes, or any acquisition of a less{han-fee interest in land that is or will be
used for agricultural purposes, the Board of Trustees of the lnternal lmprovement Trust Fund shall first
consider having a soil and water conservation district, created pursuant to chapter 582, manage and monitor
such interests.
(f) State agencies designated to manage lands acquired under this chapter except those lands acquired
under s. 259.1052 may contract with local governments and soiland water conservation districts to assist in
management activities, including the responsibility of being the lead land manager. Such land management
contracts may include a provision for the transfer of management funding to the local government or soil and
water conservation district from the Conservation and Recreation Lands Trust Fund in an amount adequate
for the local government or soil and water conservation district to perform its contractual land management
responsibilities and proportionate to its responsibilities, and which otherwise would have been expended by
the state agency to manage the property.
(g) lmmediately following the acquisition of any interest in lands under this chapter, the Department of
Environmental Protection, acting on behalf 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, regional, or localgovernmentalagencies or private entities designated to manage lands
under this section shall develop and adopt, with the approval of the board of trustees, an individual
management plan for each project designed to conserve and protect such lands and their associated natural
resources. Private sector involvement in management plan development may be used to expedite the
planning process.
(b) lndividual management plans required by s. 253.034(5), for parcels over 160 acres, shall be
developed with input from an advisory group. Members of this advisory group shall include, at a minimum,
representatives of the lead land managing agency, comanaging entities, local private property owners, the
appropriate soil and water conservation district, a local conservation organization, and a local elected
official. The advisory group shall conduct at least one public hearing within the county in which the parcel or
project is located. For those parcels or projects that are within more than one county, at least one areawide
public hearing shall be acceptable and the lead managing agency shall invite a local elected official from
each county. The areawide public hearing shall be held in the county in which the core parcels are located.
Notice of such public hearing shall be posted on the parcel or project designated for management,
advertised in a paper of general circulation, and announced at a scheduled meeting of the local governing
body before the actual public hearing. The management prospectus required pursuant to paragraph (9)(d)
shall be available to the public for a period of 30 days prior to the public hearing.
(c) Once a plan is adopted, the managing agency or entity shall update the plan at least every 10 years
in a form and manner prescribed by rule of the board of trustees. Such updates, for parcels over 160 acres,
shall be developed with input from an advisory group. Such plans may include transfers of leasehold
interests to appropriate conservation organizatlons or governmental entities designated by the Land
Acquisition and Management Advisory Council 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. Volunteer management assistance is encouraged, including, but not limited to,
assistance by youths participating in programs sponsored by state or local agencies, by volunteers
sponsored by environmental or civic organizations, and by individuals participating in programs for
committed delinquents and adults.
(d)1 For each project for which lands are acquired after July 1, 1995, an individual management plan
shall be adopted and in place no later than 1 year after the essential parcel or parcels identified in the
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priority list developed pursuant to ss. 259.1 01 (4) and 259.105 have been acquired. The Department of
Environmental Protection shall distribute only 75 percent of the acquisition funds to which a budget entity or
water management district would otherwise be entitled from the Preservation 2000 Trust Fund to any budget
entity or any water management district that has more than onethird of its management plans overdue.
2. The requirements of subparagraph 1. do not apply to the individual management plan for the Babcock
Crescent B Ranch being acquired pursuant to s. 259.1052. The management plan for the ranch shall be
adopted and in place no later than 2 years following the date of acquisition by the state.
(e) lndividual management plans shall conform to the appropriate policies and guidelines of the state
land management plan and shall include, but not be limited to:
1. A statement of the purpose for which the lands 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 limited to,
providing public access, preserving and protecting natural resources, protecting cultural and historical
resources, restoring habitat, protecting threatened and endangered species, controlling the spread of
nonnative plants and animals, performing prescribed fire activities, and other appropriate resource
management.
3. A specific description of how the managing agency plans to identify, locate, protect, and preserve, or
otherwise use fragile, nonrenewable natural and cultural resources.
4. A priority schedule for conducting management activities, based on the purposes for which the lands
were acquired.
5. A cost estimate for conducting priority management activities, to include recommendations for cost-
effective methods of accomplishing those activities.
6. A cost estimate for conducting other management activities which would enhance the natural
resource value or public recreation value for which the lands were acquired. The cost estimate shall include
recommendations for cost-effective methods of accomplishing those activities.
7. A determination of the public uses and public access that would be consistent with the purposes for
which the lands were acquired.
(0 The Division of State Lands shall submit a copy of each individual management plan for parcels
which exceed 160 acres in size to each member of the Acquisition and Restoration Council, which shall:
1. Within 60 days after receiving a plan from the division, review each plan for compliance with the
requirements of this subsection and with the requirements of the rules established 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 plan, along with its recommendations and comments, to the board of
trustees, with recommendations as to whether to approve the plan as submitted, approve the plan with
modifications, or reject the plan.
(g) The board of trustees shall consider the individual management plan submitted by each state agency
and the recommendations of the Acquisition and Restoration Council and the Division of State Lands and
shall approve the plan with or without modification or reject such plan. The use or possession of any lands
owned by the board of trustees which is not in accordance with an approved individual management plan is
subject to termination by the board of trustees.
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By July '1 of each year, each governmental agency and each private entity designated to manage lands shall
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.
(11)(a) The Legislature recognizes that acquiring lands pursuant to this chapter serves the public
interest by protecting land, air, and water resources which contribute to the public health and welfare,
providing areas for natural resource based recreation, and ensuring the survival of unique and irreplaceable
plant and animal species. The Legislature intends for these lands to be managed and maintained for the
purposes for which they were acquired and for the public to have access to and use of these lands where it
is consistent with acquisition purposes and would not harm the resources the state is seeking to protect on
the public's behalf.
(b) An amount of not less than 1.5 percent of the cumulative total of funds ever deposited into the
Florida Preservation 2000 Trust Fund and the Florida Forever Trust Fund shall be made available for the
purposes of management, maintenance, and capital improvements not eligible for funding pursuant to s. 11
(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 title is vested in the board of trustees and other
conservation and recreation lands managed by a state agency. Of this amount, $250,000 shall be
transferred annually to the Plant lndustry Trust Fund within the Department of Agriculture and Consumer
Services for the purpose of implementing the Endangered or Threatened Native Flora Conservation Grants
Program pursuant to s. 581.185(11). Each agency with management responsibilities shall annually request
from the Legislature funds sufficient to fulfill such responsibilities to implement individual management plans.
For the purposes of this paragraph, capital improvements shall include, but need not be limited to, perimeter
fencing, signs, firelanes, access roads and trails, and minimal public accommodations, such as primitive
campsites, garbage receptacles, 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
evaluation by the Legislature in order to ensure that such requirement does not impact the respective trust
fund in a manner that would prevent the trust fund from meeting other minimum requirements.
(c) All revenues generated through multiple-use management or compatible secondary-use
management shall be returned to the lead agency responsible for such management and shall be used to
pay for management activities on all conservation, preservation, and recreation lands under the agency's
jurisdiction. ln addition, such revenues shall be segregated in an agency trust fund and shall remain
available to the agency in subsequent fiscal years to support land management appropriations. For the
purposes of this paragraph, compatible secondary-use management shall be those activities described in
subsection (9) undertaken on parcels designated as single use pursuant to s. 253.034(2)(b).
(d) Up to one-fifth of the funds provided for in paragraph (b) shall be reserved by the board of trustees
for interim management of acquisitions and for associated contractual services, to ensure the conservation
and protection of natural resources on prolect sites and to allow limited public recreational use of lands.
lnterim management activities may include, but not be limited to, resource assessments, control of invasive,
nonnative species, habitat restoration, fencing, law enforcement, controlled burning, and public access
consistent with preliminary determinations made pursuant to paragraph (9Xg). The board of trustees shall
make these interim funds available immediately upon purchase.
(e) The department shall set long-range and annual goals for the control and removal of nonnative,
invasive plant species on public lands. Such goals shall differentiate between aquatic plant species and
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upland plant 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(0 For the 2014-2015 fiscal year only, moneys in the Conservation and Recreation Lands Trust Fund
may be transferred to the Florida Forever Trust Fund for the Florida Forever program and to the Save Our
Everglades Trust Fund to support Everglades restoration projects included in the final report of the Select
Committee on lndian River Lagoon and Lake Okeechobee Basin, dated November 8, 2013, pursuant to
nonoperating budget authority under s. 216.181(12). This subsection expires July 1, 2015.
(12)(a) Beginning July 1, 1999, the Legislature shall make available sufficient funds annually from the
Conservation and Recreation Lands Trust Fund to the department for payment in lieu of taxes to qualifying
counties and local governments as defined in paragraph (b) for all actual tax losses incurred as a result of
board of trustees acquisitions for state agencies under the Florida Forever program or the Florida
Preservation 2000 program during any year. Reserved funds not used for payments in lieu of taxes in any
year shall revert to the fund to be used for land management in accordance with the provisions of this
section.
(b) Payment in lieu of taxes shall be available:
1. To all counties that have a population of 150,000 or fewer. Population levels shall be determined
pursuant to s. 11.031.
2. To all local governments located in eligible counties.
3. To Glades County, where a privately owned and operated prison leased to the state has recently
been opened and where privately owned and operated juvenile justice facilities 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 already been appropriated and allocated from the Department of
Correction's budget for the purpose of reimbursing amounts equal to lost ad valorem taxes.
(c) lf insufficient funds are available in any year to make full payments to all qualifying counties and local
governments, such counties and local governments shall receive a pro rata share of the moneys available.
(d) The payment amount shall be based on the average amount of actual taxes paid on the property for
the 3 years preceding acquisition. Applications for payment in lieu of taxes shall be made no later than
January 31 of the year following acquisition. No payment in lieu of taxes shall be made for properties which
were exempt from ad valorem taxation for the year immediately preceding acquisition.
(e) lf property which was subject to ad valorem taxation was acquired by a tax-exempt entity for ultimate
conveyance to the state under this chapter, payment in lieu of taxes shall 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 rolls. The department shall certify to the Department of Revenue those properties that may be eligible
under this provision. Once eligibility has been established, that county or local government shall receive
annual payments for each tax loss until the qualifying county or local government exceeds the population
threshold pursuant to this section.
(0 Payment in lieu of taxes pursuant to this subsection shall be made annually to qualifying counties and
local governments after certification by the Department of Revenue that the amounts applied for are
reasonably appropriate, based on the amount of actual taxes paid on the eligible property. With the
assistance of the local government requesting payment in lieu of taxes, the state agency that acquired the
land is responsible for preparing and submitting application requests for payment to the Department of
Revenue for certification.
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(g) lf the board of trustees conveys to a local government title to any land owned by the board, any
payments in lieu of taxes on the land made to the local government shall be discontinued as of the date of
the conveyance.
For the purposes of this subsection, "local government" includes municipalities, the county school board,
mosquito control districts, and any other local government entity which levies ad valorem taxes, with the
exception of a water management district.
(13) Moneys credited to the fund each year which are not used for management, maintenance, or capital
improvements pursuant to subsection (1 1); for payment in lieu of taxes pursuant to subsection (12); or for
the purposes of subsection (5), shall be available 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 list established pursuant to s. 259.105 objecting to the property
being included 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 plan, the board of trustees shall delete
the property from the list or from the boundary of an acquisition project on the list.
History.-s.8, ch.79-255; s. 16, ch.80-356; s.5, ch.81-35; s. 1, ch.81-210; 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.86-178; 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.92-288; s.45, ch.93-206; s.4, ch.94-197; s.
1,ch.94-212; 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-
228;s.13,ch.99-247; s.20, ch.99-292: s.7, ch. 2000-170; s.61, ch. 2000-171; s.45, ch.2001-61; s.7, ch. 2002-2: s.28, ch.
2002-402; s.15, ch.2003-6; s.280, ch.2003-261; s.6, ch.2003-394; s.'18, 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.2014-53.
1Note.-Section 37, ch. 2014-53, added paragraph (0 to subsection (1 1 ) "[i]n order to implement Specific Appropriations 1583
and 1627A and sections 53 and 54 of the 2014-2015 General Appropriations Act."
Note.- Former s. 253.023.
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RESOLUTION TO BE SUBMITTED
271
Condensed Title:
A Resolution Of The Mayor And City Commission Of The Gity Of Miami Beach, Florida,
Approving And Authorizing The Mayor And The Gity Clerk To Execute A Non-Exclusive
Utility Easement To Florida Power And Light At The Property Management Facility, 1833
Bay Road, For The Gonstruction, Operation And Maintenance Of A Transformer And
Associated Underqround Electric Utilitv Facilities.
COMMISSION ITEM SUMMARY
lntended Outcome
Build and maintain priority infrastructure with full accountability.
Supporting Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction
Survey indicated that over 77o/o of residents rated recently completed capital improvement
oroiects as "excellent" or "oood".
Item Summary/Recommendation :
As part of the Property Management Facility Project, a new Florida Power and Light (FPL)
transformer and associated underground electric utility facilities (including cables, conduits,
appurtenant equipment, and appurtenant above-ground equipment) will be constructed to
service the Property Management Facility.
FPL requires that the City grant a non-exclusive utility easement to FPL for the construction,
operation and maintenance of its facilities.
The proposed utility easement will have a total area of approximately 442.7 square feet, running
along 36.76 feet of the southwest corner of the Property Management Facility property.
Administration Recommendation: Adopt the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
Clerk's Office
AGENDA .TETN C7 TMIAMIBEACHDATE f-6-lf272
MIAMI BEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33.l39, www.miomibeochfl.gov
COMMIS ON MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy Morales, City Manager
DATE: May 6, 2015
the City
SUBJECT: A RESOLUTION OF THE MAYORAND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY
GLERK TO EXECUTE A NON.EXCLUSIVE UTILITY EASEMENT TO FLORIDA POWER
AND LIGHT AT THE PROPERTY MANAGEMENT FACILITY, 1833 BAY ROAD, FOR
THE CONSTRUCTION, OPERATION AND MAINTENANCE OF ATRANSFORMER AND
ASSOCTATED UNDERGROUND ELECTRTC UTILITY FACtLtTtES (INCLUDING
CABLES, CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE-
GROUND EQUIPMENT) THAT WILL SERVE THE PROPERTY MANAGEMENT
FACILITY.
FUNDING
No funding is required in order to grant the easement.
ADMINISTRATION RECOMMEN DATION
The Administration recommends adopting the Resolution.
BAGKGROUND
On April 23,2014, the Mayorand City Commission adopted Resolution No.201 4-28567 approving
and authorizing the Mayor and City Commission to approve the Guaranteed Maximum Price (GMP)
submitted by James B. Pirtle Construction Co. lnc., as required pursuant to the Pre-Construction
Services, dated November 16,2011, for the construction of the Property Management Facility
Prolect (the Project).
The City issued Notice to Proceed No.1 on August 6,2014, aulhorizing commencement of pre-
construction activities. The City issued Notice to Proceed No. 2 on October 6,2014, authorizing
commencement of construction. The Property Management Facility is on schedule for completion
by the October 6,2015 due date.
The existing Florida Power and Light (FPL) facilities at 1833 Bay Road do not have the adequate
capacity to supply the new Property Management Facility with required service.
273
City Commission Memorandum - FPL Easement at 1833 Bay Road
May 6, 2015
Page 2 of 2
ANALYSIS
As part of the Property Management project, a new FPL transformer and associated underground
electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above-
ground equipment) will be constructed to service the Facility. FPL requires that the City grant a non-
exclusive utility easement to FPL for the construction, operation and maintenance of its facilities
(Attachment "A"). The proposed utility easement will have a total area of approximately 442.7
square feet, running along 36.76 feet of the southwest corner of the Property Management Facility
property.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Attachments:
Attachment "A" - Underground Easement
JM/MT/DM
C:\Users\CAPlCamS\Documents\Blank template. Memo.doc
274
Work Request No. 5998255
Sec.33, Twp 53 S, Rge 42 E
Parcel l. D.oz-szag-or gor so
(Maintained by County Appraiser)
ATTACHMENT ''A''
UNDERGROUND EASEMENT
(BUSINESS)
Thil lnstrument Prepared By
Name: Brian T. Bellino, PSM
Co. Name: Cifu of Miami Beach
Address: 1700 Convention Center Dr
Miami Beach. F1.33't39
The undersigned, in consideration of the payment of $1.00 and other good
and valuable consideration, the adequacy and receipt of which is hereby
acknowtedged, grant and give to Florida Power & Light Company, its affiliates,
licensees, agents, successors, and assigns ('FPL'), a non-exclusive
easement forever for the construction, operation and maintenance of
underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above-ground equipment) to be installed from
time to time; with the right to reconstruct, improve, add to, enlarge, change the
voltage as well as the size of, and remove such facilities or any of them within
an easement described as follows:
See Exhibt''A'(Legal Description and Sketch)
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within anv facilities
herbunder and lay cable arid conduit-within the Easement Area and to operate the sarhe for communications purrioses; the
right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleareil oI all tiees,
undergroMh and otheiobstructions within the Easement Area; the riglit to trim and cut and keep trihmed and cut all dead,
weak,-leaning or dangerous trees or limbs outside of the Easdment Area, which might interfere with or fall upon the lines oi
sl6tems of communications or power transmission or distribution; and further grants,-to the fullest extent the r-indersiqned has
the power.to.grant, if .at.a.ll, the.rights.herein3bove granted on the EasementArea, over, along, underand across tlie roads,
streets or highways adjoining or thiough said Easement Area.
lN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
Signed, sealed and delivered in the presence of:Citv of Miami Beach
(vvrIness Drgnarure)
Print Name:
(vvrmess)Print Name:
Print Address:
(vvrmess Jrgnaure,
Print Name:
(Witness)
20_
By:
STATE OF
before me this day of
AND COUNTY OF The foregoing instrument was acknowledged
20-, by
a
the
of who is
personally known to me or has produced
My Commission Expires:
(Type of ldentilication)
as identification, and who did (did not) take an oath.
Notary Public, Signature
Print Name
275
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0
tuq
nZoO()ul
co
=
s00'05'1 B"E
N89'57'46"W 24.0A'
LOT l2
AMENDED PLAT OF
BLOCK 15 OF
THE ALTON BEACH REALTT COMPANY
(PLAT BoOK S, PAGE t46)
s89'57'46"E
POB
SOUTHWEST CORNER
LOT 12, BLOCK 1J
€36.67',
BLOCK
SOUTHERLY UNE OF LOT 12/
13
13LOToIOo"SOUTHWEST
BLOCK 13
CORNER
NORTHERLY
LINE
18TH STREET (70' R/W)
SKETCH OF LEGAL DESCRIPTION
SCALE;1"=10'
LEGAL DESCRIPTION:
BEING AN EASEMENT LYING IN LOT 12, BLOCK 13, "AMENDED PLAT OF BLOCKTHIRTEEN OF THE
ALTON BEACH REALTY COMPANY' ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 9, PAGE 146, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 12, BLOCK 13, ACCORDING TO SAID PLAT THENCE
S89"57'46"E A DISTANCE OF 36.67 FEET; THENCE N00"05'18'W A DISTANCE OF 16.00 FEET;
THENCE N89'57'46'\A/ NORTHERLY OF AND PAMLLEL WITH THE SOUTHERLY LINE OF SAID LOT
12, A DISTANCE OF 12.67 FEET; THENCE 500"05'18"E A DISTANCE OF 6.00 FEET; THENCE
N89'57'46"W NORTHERLY OF AND PARALLEL WITH THE SAID SOUTHERLY LINE OF SAID LOT 12,
A DISTANCE OF 24.00 FEET TO THE INTERSECTION WITH THE EASTERLY RIGHT OF WAY LINE OF
BAY ROAD, SAID RIGHT OF WAY BEING 70 FEET lN WIDTH; THENCE S00"0s'18"E ALONG SAID
EASTERLY RIGHT OF WAY LINE A DISTANCE OF 1O.OO FEET TO THE POINT OF BEGINNING,
CONTAINING 442.7 SQUARE FEET MORE OR LESS
SURVEYOR'S NOTES:
1. THIS IS NOT A SURVEY,
2- THIS SKETCH OF DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE
ORIGINAL MISED SEAL OF A FLORTOA LICENSED SURVEYOR AND MAPPER.
3, BEARINGS SHOWN HEREON ARE REFERENCED TO THE EASTERLY RIGHT OF WAY
LINE OF BAY ROAD WHICH IS ASSUMED TO BEAR SOO'05'18"E.
LEGEND & ABBREVIATIONS:
I
I
u[99!]
"ll"-il;-1
lili atlli u
dob ll, I
r*ll:-1 i*I ii:'li
I liili s*L*t:: i*
L**.:t'._i lr
LOCATION SKETCH
NTS
ORB.
(c)
NTS
(P)
RAN
POB
OFFICIAL RECORD BOOK
CALCULATED DIMENSION
NOT TO SCALE
PLAT DIMENSION
RIGHT.OF.WAY
POINT OF BEGINNING
DB.
TYP.
PG.
UUI-(
PB.
DEED BOOK
TYPICAL
PAGE
DADE COUNTY RECORDS
PLAT BOOK
-1141)
BRIAN T. BELLINO
CIry SURVEYOR
STATE OF FLORIDA
DATF
PROFESSIONAL SURVEYOR ANO MAPPER NO.4S73
. '' ! : \ t : ::.'. ''.'." i''-. , ,-:
PUBLIG WORXS DEPARTMENT
1rft cos.,ElilroNcanrEtorrE urwraFa) ri 3I?q
DRAVYNSY' M
r"^... e:.JEG
REVISED
EXHIBIT "A"
FPL EASEMENT AT 1817 BAY ROAD
sM-2015C
: II]OFKS;iI]CAi.DYIiGPiCJE:IS'Si1ISU.]C1'i 3I?;HCRE FFL EAS'i;EI]T 1I17 AAY RCAD
276
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE A NON.EXCLUSIVE UTILITY EASEMENT TO FLORIDA POWER AND LIGHT
(GRANTEE) AT THE PROPERTY MANAGEMENT FACtLlTy, 1833 BAY ROAD, FOR THE
CONSTRUCTION, OPERATION AND MAINTENANCE OF A TRANSFORMER AND
ASSOCTATED UNDERGROUND ELECTRIC UTtLlTy FACILTTTES (INCLUDING CABLES,
CONDUITS, APPURTENANT EQUIPMENT, AND APPURTENANT ABOVE.GROUND
EQUTPMENT) THAT WILL SERVE THE PROPERTY MANAGEMENT FACILITY.
WHEREAS, on April 23,2014, the Mayor and City Commission adopted Resolution No.
2014-28567, approving and authorizing the Mayor and City Commission to approve the
Guaranteed Maximum Price (GMP) submitted by James B. Pirtle Construction Co. lnc., as
required pursuant to the Pre-Construction Services, dated November 16,2011, for the
construction of the Property Management Facility (the Project); and
WHEREAS, the First Notice to Proceed was issued on August 6,2014, authorizing the
com mencement of pre-construction activities ; a nd
WHEREAS, the Second Notice to Proceed was issued on October 6,2014, authorizing
commencement of construction; and
WHEREAS, as part of the Project, a new Florida Power and Light (FPL) transformer and
associated underground electric facilities (including cables, conduits, appurtenant equipment,
and appurtenant above-ground equipment) will be constructed to service the Property
Management Facility; and
WHEREAS, FPL requires that the City grant a non-exclusive utility easement to FPL for the
construction, operation and maintenance of its facilities; and
WHEREAS, the proposed utility easement will have a total area of approximately 442.7
square feet, running along 36.76 feet of the southwest corner of the Property Management
Facility property.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and the City Clerk to execute a non-
exclusive utility easement to Florida Power and Light (Grantee) at the Property Management
Facility, 1833 Bay Road, for the construction, operation and maintenance of a transformer and
associated underground electric utility facilities (including cables, conduits, appurtenant
equipment, and appurtenant above-ground equipment) that will serve the Property Management
Facility .
day of 2015.PASSED AND ADOPTED this
ATTEST:
Rafael Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTIONCity Attorney
T:\AGENDA\2014\
Date
Philip Levine, Mayor
q/rrg
Dsle277
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO TERMINATE RFP NO.2015.095.
MT FOR ELEVATOR INSPECTTONS AND PLANS REVTEW SERVTCES (GIVEN THAT NO PROPOSALS
WERE RECEIVED IN RESPONSE HERETO), AND APPROVTNG THE ISSUANCE OF A NEW REQUEST
FOR PROPOSAL (RFP) NO. 2015-176-JR FOR ELEVATOR TNSPECTTONS AND PLANS REVTEW
SERVICES; FURTHER AUTHORIZING A CONTINUING MONTH.TO.MONTH EXTENSION OF
CONTRACT NUMBER ITB 33.11112FOR ELEVATOR INSPECTIONS.
Key lntended Outcome Supported:
Maximize The Miami Beach Brand As A World Class Destination
Data Environmental Scan. etc: N/A
Item Summary/Recommendation :
On May 9, 2012, the City Commission approved the contract with Miami Elevator lnspections, lnc., A-1
Elevator lnspection, lnc., and Up & Down Elevator lnspections pursuant to ITB 33-11112, for Elevator
lnspection Services. The agreement with these firms is currently effective through May 30, 2015 and no
further options for renewal are available.
On February 11,2015, the City Commission approved to issue the Request for Proposals (RFP) No. 2015-
095-MT. On February 13,2015, the RFP was issued. A voluntary pre-proposal conference to provide
information to the proposers was held on February 27,2015. RFP responses were due on March 16,2015.
There were no responses to the solicitation.
Given that these services are still needed by the Building Department, a new solicitation needs to be issued
to establish a new contract. ln the interim, the current agreement for inspections should be continued on a
monthto-month basis.
RECOMMENDATION
The Administration recommends that the Mayor and Commission terminates RFP no. 2015-095-MT for
Elevator lnspections and Plans Review Services; authorize the issuance of RFP 2015-176-JR for Elevator
lnspections and Plans Review Services (attached) and continue a monthto-month extension of contract
number ITB 33-1 1l12for elevator inspections.
Advisory Board Recommendation:
N/A
Financial lnformation:
Source of
Funds:
Amount Account
1
2
OBPI Total
Financial lmoact Summarv:
City Clerk's Office Legislative Tracking:
Alex is, Extension 6641
1 S\May\PROCUREMENT\RFP-201 5-095-MT Elevator I
MIAMIBEACH AGENDA fiEM c7 k
D^TE 5-6'({278
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AC NG THE RECOMMENDATION OF THE CITY
MANAGER TO TERMINATE RFP NO. 2015.095-MT FOR ELEVATOR
INSPECTIONS AND PLANS REVTEW SERVTCES (GTVEN THAT NO PROPOSALS
WERE RECEIVED IN RESPONSE HERETO), AND APPROVING THE ISSUANCE
oF A NEW REQUEST FOR PROPOSAL (RFP) NO.2015-176-JR FOR ELEVATOR
INSPECTIONS AND PLANS REVIEW SERVICES; FURHTER AUTHORIZING A
CONTINUING MONTH.TO-MONTH EXTENSION OF CONTRACT NUMBER ITB
33-1 1 I 12 FOR ELEVATOR I NSPECTIONS.
ADMIN!STRATION RECOMMEN DATION
Terminate RFP No.2015-095-MT for Elevator lnspections and Plans Review Services;
authorize the issuance of a new RFP no. 2015-176-JR for Elevator lnspections and Plans
Review Services and continuing month-to-month extension of contract number llB 33-11112
for elevator inspections.
KEY INTENDED OUTCOME SUPPORTED
Build and Maintain Priority lnfrastructure with Full Accountability
FUNDING
N/A
BACKGROUND
On May 9, 2012, the City Commission approved the contract with Miami Elevator lnspections,
lnc., A-1 Elevator lnspection, lnc., and Up & Down Elevator lnspections pursuant to ITB 33-
11112, for Elevator lnspection Services. The agreement with these firms is currently effective
through May 30, 2015 and no furhter options for renewal are available.
On February 11,2015, the City Commission approved to issue the Request for Proposals
(RFP) No. 2015-095-MT. On February 13, 2015, the RFP was issued. A voluntary pre-
proposal conference to provide information to the proposers was held on February 27, 2015.
RFP responses were due on March 16,2015. There were no responses to the solicitation.
Given that these services are still needed by the Building Department, a new solicitation needs
to be issued to establish a new contract. ln the interim, the current agreement for inspections
should be continue on a month-to-month basis.
SCOPE OF SERVICES
Please Reference RFP 2015-176-JR for Elevator lnspections and Plans Review Services
(attached).
TO:
FROM:
the City
279
Commission Memorandum - RFP No. 2015-095-MR: Elevator lnspections & Plans Review
May 6, 2015
Page 2
MIN!MUM QUALIFICATIONS
Please Reference RFP 2015-176-JR for Elevator lnspections and Plans Review Services
(attached).
MINIMUM DOCUM ENTATION SU BMITTAL REQUI REM ENTS
Please Reference RFP 2015-176-JR for Elevator lnspections and Plans Review Services
(attached).
EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
Please Reference RFP 2015-176-JR for Elevator lnspections and Plans Review Services
(attached).
CONCLUSION
The Administration recommends that the Mayor and Commission terminates RFP no. 2015-
095-MT for Elevator lnspections and Plans Review Services; authorize the issuance of RFP
2015-176-JR for Elevator lnspections and Plans Review Services (attached) and continue a
month-to-month extension of contract number ITB 33-11l12for elevator inspections.
ATTACHMENTS
RFP 2015-176-JR for Elevator lnspections and Plans Review Services.
JLM/JMJ/MF/AD/JVR
T:\AGENDAV01S\May\PROCUREMENT\RFP-201 5-095-MT Elevator lnspections and Plans Review (Reissuance) - Memo.doc
280
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THECIry MANAGER TO TERMINATE RFP NO. 2015.095.MT FOR ELEVATOR
INSPECTIONS AND PLANS REVIEW SERVICES (GIVEN THAT NO
PROPOSALS WERE RECEIVED IN RESPONSE HERETO), AND APPROVING
THE ISSUANCE OF A NEW REQUEST FOR PROPOSALS (RFP) NO. 2015.
176-,R FOR ELEVATOR INSPEGTIONS AND PLANS REVIEW SERVICES;
AND AUTHORIZING A MONTH.TO.MONTH EXTENSION OF CONTRACT
NUMBER lTB 33.11112FOR ELEVATOR INSPECTIONS.
WHEREAS, Request for Proposals No. 2015-095-MT, for Elevator lnspections
and Plans Review Services, was issued on February 13, 2015, with a deadline for
receipt of proposals of March 16,2015 (the RFP); and
WHEREAS, a pre-proposal conference to provide information to the proposers
was held on February 27 ,2015; and
WHEREAS, there were no proposals received in response to the RFP; and
WHEREAS, the City Manager recommends the reissuance of a new Request for
Proposals (RFP); and
WHEREAS, the City Manager also recommends a month-to-month extension of
Contract Number ITB 33-1 1l12for Elevator lnspections.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby accepts the recommendation of the City Manager to terminate RFP
No. 2015-095-MT for Elevator lnspections and Plans Review Services (given that no
proposals were received in response hereto), and approving the issuance of a new
Request for Proposals (RFP) No. 2015-176-JR for Elevator lnspections and Plans
Review Services; and authorizing a month-to-month extension of contract number ITB
33-1 1 I 12 for Elevator lnspections.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED A,S TO
FORM & LANGUAGE
'Lo,'-li
-
Dote
EXECUTION\^4ft FPR
J_i )
T:\AGENDA\201 S\May\PROCUREMENT\RFP-2O15-095-MT Elevator lnspections and Plans Review (Reissuance) - Resolution.doc
281
REQUEST FOR PROPOSALS (RFP)
ETEVATOR INSPECTION AND PLAN REVIEW SERVICES
RFP No. 2OI 5-176-JR
RFP ISSUANCE DATE: MAY 1,2015
PROPOSALS DUE: JUNE 2,2015 @ 3:00 PM
ISSUED BY:
MIAMIBEACH
Joe V. Rodriguez, CPPB, FCCI/I, Procurement Coordinotor
PROC UREMENT DEPARTMENT
1700 Convention Center Drive, Miomi Beoch, FL 33139
305 .67 3 .7 000 x.6263 | Fox: 7 86.39 4.5 49 4 | ioerodriguez@miomibeochfl. gov
282
,' r',,.'l',;^,,,', 1 BEAC H
TABLE OF CONTENTS
SOLICITATION SECTIONS :PAGE
0100 NoT uTtLtzED ......... .......... N/A
0200 TNSTRUCTTONS TO PROPOSERS & GENERAL CONDTTTONS ................................3
O3OO PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT ..........10
0400 PRoPoSAL EVALUATTON ....... ............12
APPENDICES: PAGE
APPENDIX A PROPOSAL CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS ...,....14
APPENDIX B "NO PROPOSAL" FORM .......,21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .........,,,,..,.,,23
APPENDIX D SPECIAL CONDITIONS ........... ,..,.....,.,...25
APPENDIX E COST PROPOSAL FORM .,....27
APPENDIX F INSURANCE REQUIREMENTS ,,..,,,,......29
RFP 20r5 rZ6-lR
283
BEACH
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 (! rywlublepulqhase.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
wilh PublicPurchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. PURPOSE.
The City of Miami Beach is accepting Proposals from those qualified parties interested in providing the City with
Elevator lnspection and Plan review Services for the City of Miami Beach Building Department on an "as needed
basis" and an on-going basis from a successful proposer that will provide these services in a timely manner.
3. SOLICITATION TIMETABLE. The tentative schedule for thls solicitation is as follows:
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact named herein, in writing, with a copy to the City Clerk's Office, Rafael E. Granado via e-mail:
RafaelGranado@miamibeachfl.qov ; or facsimile: 786-394-4188. The Bid title/number shall be referenced on all
correspondence. All questions or requests for clarification must be received no later than seven (7) calendar days
prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be
sent to all prospective Proposers in the form of an addendum.
Procurement Contact:Telephone:Email:
Joe V. Rodriguez, CPPB, FCCM 305-673-7490, EXT 6263 ioerodriquez@miamibeachfl.sov
Additionally, the city clerk is to be copied on all communications via e-mail at:
Rafaelq ranado@miamibeachfl .qov; or via facsimile: 786-394-4 1 88,
RFP lssued May 1,2015
Pre-Proposal Meeting May 20, 2015 @ 10:00 AM
Deadline for Receipt of Questions June 4,2015 @ 5:00PM
Responses Due June 25, 2015 @ 3:00 PM
Evaluation Committee Review TBD
Proposer Presentations TBD
Tentative Commission Approval Authorizing Negotiations TBD
Contract Negotiations Following Commission Approval
RFP 20 r s-r z6-JR
284
l'liiA,rv^,i BEACH
5. PRE-PROPOSAL MEETING 0R 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 Small 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, 4142489#
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone,
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
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 2-4BO of the City Code, all procurement solicitations once advertised
and until an award recommendation has been fonruarded to the City Commission by the City Manager are under the"Cone of Silence." The Cone of Silence ordinance is available at
http://librarv.municode.com/index.aspx?clientlD= 13097&statelD=9&statename=Florida. Any communication or
inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception
communications with the Procurement Director, or his/her administrative staff responsible for administering the
procurement process for this solicitation providing said communication is limited to matters of process or procedure
regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the
Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov.
L 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. m iamibeachfl.qov/procu remenUscroll. aspx?id=235'l 0
. CONE OF S|LENCE.... CITY CODE SECTION 2486. PROTEST PROCEDURES CITY CODE SECTION 2-371r DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THR0UGH2-485.3
o LOBBYIST REGISTMTION AND DISCLOSURE 0F FEES.... CITY CODE SECTIONS 2-481 THROUGH 2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
o CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT
ISSUES. ,. . ., .. . . , CITY CODE SECTION 2.488
o REQUIREMENT FOR CITY CONTRACTORS T0 PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS...... CITY CODE SECTION 2-373
r LIVING WAGE REQUIREMENT.....,.,.,. CITY CODE SECTIONS 2407 THROUGH2-410
KtP 2U t5- t,/OJR
285
ii,l,tivilBEACH
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2-374. FALSE CLAIMS ORDINANCE.... CITY CODE SECTION 7O.3OO
o ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar day's written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manage/s
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or interference.
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(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.
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.
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
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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.
21. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes, Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
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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'DlSCRlMlNATI0N. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTRATION OF COMPETENCY.
A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in the business of providing the
goods and/or services as described in this solicitation,
C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitation.
D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and
well established company in line with the best business practices in the industry, and as determined by the City
of Miami Beach.
E. The City may consider any evidence available regarding the financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of
the City.
F. The City may require Proposer s to show proof that they have been designated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply. ln these instances, the City may also require
material information from the source of supply regarding the quality, packaging, and characteristics of the
products to be supply to the City.
25. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or 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 REGULAT!0NS, The Proposer shall obtain and pay for all licenses, permits, and
inspection fees required to complete the work and shall comply with all applicable laws,
27. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government
or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of
government or non-profit agency.
28. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. lt is the intent of the City to purchase the goods
and services specifically listed in this solicitation from the contractor, However, the City reserves the right to
purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis
through the City's spot market purchase provisions.
29. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
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B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or
its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall
survive the expiration or termination of this Agreement.
31. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the
stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been
awarded, Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by
the City and the contractor.
32. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any
and all information and documentation submitted therewith, are exempt from public records requirements under
Section 119.07(1), Florida Statutes, and s. 24(a), Ar1,.1 of the State Constitution until such time as the City provides
notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier.
Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to,
agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public
agency in order to perform the services; (b) provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in
this chapter or as othenrvise 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. MODIFICATIONAMTHDMWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered,
34. EXCEPTIONS TO 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
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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 improperly to influence him in the discharge of his official duties.
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PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT
1. SEALED RESPONSES. One original Proposal (preferably in 3-ring binder) must be submitted in an opaque,
sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10)
bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information
should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation
number, solicitation title, Proposer name, Proposer return address. Proposals received electronically, either through
email or facsimile, are not acceptable and will be rejected.
2. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of proposals will be considered late and not be
accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or othenruise.
3. PROPOSAL FORMAT, ln order to maintain comparability, facilitate the review process and assist the Evaluation
Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in
accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a
table of contents with page references. Proposals that do not include the required information will be deemed non-
responsive and will not be considered.
Cover Letter & Minimum Qualifications Requirements
1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the
purposes of this solicitation.
1.2 Proposal Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully
completed and executed.
1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum
qualifications requirements established in Appendix C, Minimum Requirements and Specifications.
Experience & Qualifications
2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience
and proven track record of providing the scope of services similar as identified in this solicitation, including experience in
providing similar scope of services to public sector agencies. This experience should include at least three (3) years in
providing services outlined in the RFP, For each prolect (at least three) 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 Proposing Firm's Team Members. Proposer shall include resumes, copies of licenses and
certifications for Elevator lnspectors, Plan Reviewers, and all key personnel to be used for services under this contract.
Resumes of each individual team member shall include education, experience, and any other pertinent information that
will assist in determining the qualifications.
2.3 Financial Capacity. Each proposer shall arrange for Dun & Bradstreet to submit a Supplier 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 repoft from D&B at:
hftps://supplierportal.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=11696
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Proposals are responsible for the accuracy of the information contained in its SQR. lt is highly recommended
that each proposer review the information contained in its SQR for accuracy prior to submitta! to the City and as
early as possible in the solicitation process. For assistance with any portion of the SQR submittal process,
contact Dun & Bradstreet at800-424-2495.
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: implementation plan, project timeline,
phasing options, testing and risk mitigation options for assuring project is implemented on time and within budget.
Firms selected under this RFP will not be able to perform private elevator inspections and testing services for
private clients for the duration of the contract with the City of Miami Beach. Proposer must divest itself of all such
services at the time it is selected. Proposer shall include a statement indicating Proposer's understanding of this
preclusion and acceptance that provision and either does not provide such services in the City of Miami Beach or
will divest itself of all such services at the time it is selected.
Cost Proposal
Submit a completed Cost Proposal Form (Appendix E).
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
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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 Procurement Department. An Evaluation Committee, appointed by the City
Manager, shall meet to evaluate each Proposal in accordance with the qualifications criteria established below for
Step 1, Qualitative Criteria. ln doing so, the Evaluation Committee may:
. review and score all proposals received, with or without conducting interview sessions; or. review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows.
Cost Proposal
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Obiective Formula for Cost
Vendor
Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted above.)
Formula for Calculating Points
(lor,vest 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
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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 Procurement Department. Step 1 and 2 scores
will be converted to rankings in accordance with the example below:
. Final Ranking is presented to the City Manager for further due diligence and recommendation to the City
Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager
has made his recommendation to the City Commission, which may be different than final ranking results,
Balance of Page lntentionallv Left Blank
Commiftee
Member 1
Step 1
Points 82 76 80
Step 2
Points 22 15 12
Total 104 91 92
Rank 1 3 2
Commlttee
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 7A 66
Step 2
Points 22 15 12
Total 102 89 78
Rank 1 2 3
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APPENDIX A
MIAMIBEACH
Proposo I Certificotion,
auestionnoire &
Req uire ments Affid ovit
RFP 201 5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCU REMENT DEPARTMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33.l39
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Solicitation No:
RFP 2015.176.JR
Solicitation Title:
ELEVATOR INSPECTION AND PLANS REVIEW SERVICES
Procurement uontact:
JOE V. RODRIGUEZ. CPPB. FCCM
Tel:
305-673-7000 x.6263
Email:
ioerod riouez@miamibeachfl.oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
1. General Proposer lnformation,
FII(M NAME:No of Employees
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP L;UUts:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EII/AIL:
FEDERAL TAX IDENTIFICATION NO.:
The City reserves the right to seek additional information from Proposer or other source(s), including but not limited to: any firm or principal
information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems
necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements.
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3.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?I l ves f--l r,ro
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that flrm
is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States
federal government, as required pursuant to ordinance 2011-3748.
Conflict Of lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse,parent,sibling,andchild)whoisalsoanemployeeoftheCityofMiamiBeach. Proposersmustalsodisclosethenameof
any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of
its affiliates.
Litigation History. Respondent shall submit a statement of any litigation or regulatory action that has been filed against your
firm(s) in the last ten years. lf an action has been filed, state and describe the litigation or regulatory action filed, and identify the
court or agency before which the action was instituted, the appllcable case or file number, and the status or disposition for such
reported action. lf no litigation or regulatory action has been filed against your firm(s), provide a statement to that effect. lf "No"
litigation or regulatory action has been filed against your firm(s), please provide a statement to that effect. Truthful and complete
answers to this question may not necessarily disqualify a firm from consideration but will be a factor in the selection
process. Untruthful, misleading or false answers to this question shall result in the disqualification of the firm for this
project.
SUBMITTAL REQUIREMENT: Prime Respondent shall submit history of litigation or regulatory action filed against respondent, or
any respondent team member firm, in the past ten (10) years. lf Respondent has no litigation history or regulatory action in the past
'10 years, submit a statement accordingly.
References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work
similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services Provided.
Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation, or had
a contract cancelled due to non-performance bv anv oublic sector aoencv?
I---l vrs 'l---l
No
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codifled in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,
as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling
financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not
each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the
office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do business with the
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Department of Procurement Management with its
proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics
4
5.
7,
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o
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 hourly living rate will be $11.62/Hour with health benefits of at least $1.69/Hour, and $13.3'1/Hour without
benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price lndex for all Urban Consumers (CPl-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labols
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 competitlvely solicited
contracts valued at over $100,000 whose contractors maintaln 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?
[__l ves [-l r,ro
B. Does your company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
domestic partners of employees?
l--_l vrs [---l r'ro
c. Please check all benefits that apply to your answers above and list in the "othei' section any additional
benefits not already specified. Note: some benefits are provided to employees because they have a spouse or
domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic
partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Familv Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
)7RrP 2U t5- t,/OJR
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10.
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 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 conhact 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 ceilfles that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure
to obtain and acknowledge receipt of all addendum may result in proposal disqualification.
lnitial to Confirm
Receiot
Initial to Confirm
Receinl
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.
Rr-P 20 r5-rZ6JR IB
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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 pursuani 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 afflliates, 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 pe(aining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Governmentin-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confldential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make alldisclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is 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 un-appealable
judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or
any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages.
The previous sentence, however, shall not be conskued to circumvent any of the other provisions of this Disclosure and Disclaimer which
imposes no liability on the City.
ln the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that
the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be
governed by and construed in accordance with the laws of the State of Florida.
Rt-P 20 t5- t,/6-JR t9
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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 solicitatlon, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authonzed Represenlative:
Signature of Proposer's Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me
County of _) stated that (s)he is the
, a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed, Before me:
of
Krr 2u t5- t,/oJR 20
301
APPENDIX B
MIAMIBEACH
"No Bid" Form
RFP 20{5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCU REMENT DEPARTMENT
1700 Conveniion Center Drive
Miomi Beoch, Florido 33,l39
RI-P 20I5IZ6-IR 21
302
i. .,.]BTACH
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR tNDICATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this 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
PROCUREMENT DEPARTMENT
ATTN: Joe V. Rodriguez, CPPB, FCCM
PROPOSAL No. 201 5-176-JR
1700 Gonvention Center Drive
MIAMI BEACH, FL 33139
RtP 2U t5- t,/O-JR 22
303
.,,,r.,.1, ,' BEACH
APPENDIX C
MIAMIBEACH
Minimum Requirements
& Specificotions
RFP 20{5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33.l39
Rl-P 20 t5- t,/oJR 23
304
i t,. l;,,,,, f BfACH
C1. Minimum Requirements.
The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information
affirmatively documenting compliance with each minimum requirement. Proposers that fail to complv with minimum
requirements will be deemed non-responsive and will not be considered.
1. Proposer shall have a minimum of three (3) years' experience providing the services outlined in the RFP and
must provide at least three (3) references. References shall include the name of organization; organization
contact name, telephone number and emall address; and, a brief description of the work provided.
2. The inspectors and plan reviewers shall meet the definition of "Elevator Personnel" in ASME A17.1 Section 1.3
and have documented training and at least one (1) year of experience performing inspections and performing
witnessing of tests as specified in ASME 41 7.1 and A18.1 .
3. The inspectors and plan reviewers must be in possession of current ASME QEI certification issued by a
certifying organization and a valid State of Florida, Department of Business and Professional Regulations CEI
(Certified Elevator lnspector) License.
4. Qualification and duties of the inspector shall meet or exceed the requirements of ASME QEI-1-2004, Part,2.
G2. Statement of Work Required.
The Proposer hereinafter refened to as Contractor, will be required to provide elevator inspectors and elevator plan reviewers
to the Building Department on an "as-needed basis" and an "on-going basis". Contractor shall supply cerlified elevator
inspectors and certified elevator plan reviewers to conduct inspections and plan reviews for new construction and
alteration/remodeling of existing buildings. ln addition, Contractor shall supply certified elevator inspectors to perform annual
certification inspections and witnessing tests for City of Miami Beach facilities.
C2.1, ELEVATORINSPECTIONS
The Proposer shall perform inspections of elevators pursuant to ANSI/ASME A17 .1 and A18.1 a as appropriate.
Conduct technical field inspections of elevators during various phases of new construction and alteration/remodeling, if
found in compliance with applicable codes and regulations, and provide written comments, if found not in compliance with
applicable codes and regulations.
C2,2. PLAN REVIEW
Review elevator plans, specifications and materials listed for residential and commercial projects, if found in compliance
with applicable codes and regulations, and provide written comments, if found not in compliance with applicable codes
and regulations.
Evaluate alternate methods, procedures, materials and products for compliance with the Florida Building Code
requirements, whichever is applicable, depending on the date of the application or construction.
Approve and disapprove proposed plans in accordance with the applicable Code and other regulatory requirements and
discuss disapproved items with architects, engineers, contractors and/or owner builders to obtain plan changes necessary
for approval.
Render information concerning the applicable Code and make interpretations of its contents. Make decisions as to the
feasibility of deviations from the Codes under various conditions.
Perform related work as required by the Building Department.
RFP 2015 rZ6jR 24
305
APPENDIX D
MIAMIBEACH
Speciol Conditions
RFP 20{5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCU REMENT DEPARTMENT
I200 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP 20r5 rZ6JR 25
306
1.', l ,l. l.,' l BSACH
APPENDIX D: SPECIAL CONDITIONS
1. TERM OF CONTRAGT. The term of the contract shall be for THREE (3) years
2. OPTIONS TO RENEW. TWO (2) ONE (1) year options to renew upon written mutual
agreement,
3. PRICES. All prices shall be negotiated with the selected PROPOSER(s).
4. EXAMINATION OF FACILITIES. The City may award a minimum of two (2) Firm's, capable
of providing elevator inspections and plans review services as requested in Appendix C, sub-
section C.2of the RFQ. ln the event that there is only one (1) qualified Firm, the City will award
and negotiate with the available Firm. However the City reserves the right to select additional
Firm's in the event: 1) the contract awarded Firm is unable to provide the inspectors/reviewers
needed; 2) it is deemed to be in the best interest of the City.
5. INDEMNIFICATION. lntentionally omitted,
6. PERFORMANCE BOND. lntentionally omitted.
7. REQUIRED CERTIFICATIONS. The elevator inspectors and plan reviewers must be in
possession of current ASME QEI certification issued by a certifying organization and a valid State
of Florida, Department of Business and Professional Regulations CEI (Certified Elevator lnspector)
License.
8. SHIPPING TERMS. lntentionally omitted.
9. DELIVERY REQUIREMENTS. lntentionally omitted.
1 0. WARRANTY REQUIREMENTS. lntentionally omitted.
1 1. BACKGROUND CHECKS. lntentionally omitted.
12. Proposer's must demonstrate, if it is selected, that its Elevator lnspectors and Plan Reviewers
hold all necessary licensure as specified in the RFQ and have at least three (3) years previous
experience in their field.
13. PRECLUSIONS: Proposers selected under this RFQ shall not perform Private Provider
Elevator lnspections and Plans Review services for private clients in the City of Miami Beach for
the duration of the contract with the City of Miami Beach. Those projects for Private Provider
Elevator lnspections and Plans Review services undenruay at the time of award of this contract
shall be grandfathered in. RESPONDERS BY VIRTUE OF SUBMITTING A RESPONSE TO THIS
RFQ, UNDERSTAND AND ACCEPT THIS REQUIREMENT; AND, EITHER DO NOT PROVIDE
PRIVATE PROVIDER ELEVATOR INSPECTIONS AND PLAN REVIEW SERVICES !N THE CITY
OF MIAMI BEACH OR WILL NOT SUBMIT ANY NEW APPLICATIONS TO PROV]DE SUCH
SERVICES UPON SELECTION,
RFP 2015 rZ6JR lo
307
. ..I ,- , ,. BEACH
APPENDIX E
MIAMIBEACH
Cost Proposol Form
RFP 20{5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCU REMENT DEPARTMENT.l700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20r5-r76-lR )7
308
.,.,-J. .' BEACH
APPENDIX E
PROPOSAL TENDER FORM
Proposer affirms that the prices stated on the proposal tender 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 Proposal Tender Form shall
be completed mechanically or, if manually, in INK. Proposal Tender Forms completed in pencil shall be
deemed non-responsive. All corrections on the Proposal Tender Form shall be initialed.
Company:
Authorized Representative:
Telephone:
Authorized Representative's Signatu re:
RFP 20I5IZ6-JR 2B
309
'.' i i, 1,,,' BIACH
APPENDIX F
MIAMIBTACH
I nsuro nce Requirements
RFP 20{5-176-JR
ELEVATOR INSPECTION AND PLAN
REVIEW SERVICES
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
Rr-P 20 r5 I /6JR 29
310
MIAMIBEACH
INSURANCE REQUIREMENTS
INSURANCE
The vendor shall furnish to the Procurement Department, City of Miami Beach, 1700 Convention Center Drive, 3rd
Floor, Miami Beach, Florida 33139, Certificate(s) of lnsurance which indicate that insurance coverage has been
obtained which meets the requirements as outlined below:
A, Worker's Compensation lnsurance for all employees of the vendor as required by Florida Statute
440.
B. Commercial General Liability lnsurance on a comprehensive basis, to include Contractual Liability,
and Products/Completed 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 included as
an additional insured with respect to this coverage.
C. Automobile Liabllity lnsurance covering all owned, non-owned and hired vehicles used in connection
with the work, in an amount not less than $1,000,000 combined single limit per occurrence for bodily
injury and property damage.
lnsurance required above must include a Waiver of Subrogation in favor of the City. All insurance policies required
above shall be issued by companies authorized to do business under the laws of the State of Florida, with the
following qualifications:
The company must be rated no less than "B" as to management, and no less than "Class V" as to
financial strength, by the latest edition of Best's lnsurance Guide, published by A.M, Best Company,
Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division.
or
The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All
lnsurance Companies Authorized or Approved to Do Business in Florida" issued by the State of
Florida Department of lnsurance and are members of the Florida Guaranty Fund,
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days in advance
notice to the certificate holder.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
17O() 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.
The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to
the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable
Statutes.
Rr-P 20 r5 r/6JR an
311
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Waiving Space Rental Charges At The Miami Beach Convention Center And Special Event Fees
(Square Footage Fee, Vehicle Beach Access Pass Fee, Lummus Park User Fee, And Police And Fire Administrative
Fees) For The South Florida College Football Task Force, ln Connection With The College Football Championship
Games To Be Held ln South Florida January 2018 Or 2020.
Maximize Miami Beach as a Destination Brand
Supporting Data (Surveys, EnvironmentalScan, etc.): N/A
ltem Summary/Recommendation :
The College Football Playoff (CFP) is a postseason tournament in American college football for the NCAA Division I
Football Bowl Subdivision (FBS). The playotf began in the 2014-2015 season. Four teams play in two semifinal
games, and the winners advance to the College Football Playoff National Championship. The game's venue is
selected based on bids submitted by cities, similar to the Super Bowl or NCAA Final Four. The winner is awarded the
College Football Playoff National Championship Trophy.
The South Florida College Football Championship Game Task Force is leading the effort for the 2018 and 2020 bids.
The bids are due May 27 ,2015 and require the destination to host a series of ancillary events for the College Football
Playoff. The Task Force has identified Miami Beach as a host destination for the following events:
. Playoff Fan Central: Multi-day ticketed event for fan interactive experiences;o Playoff Playlist Live: Multi-day ticketed event featuring outdoor concerts; ando CMT Kickoff Event: Country Music Television Kickoff concert
The South Florida College Football Championship Game Task Force has requested support from the City in waiving
costs associated with these events. The City has historically waived fees associated with space rental of the
Convention Center and special event related fees for prior comparable events such as the Super Bowl and
WrestleMania. ln this case, the Administration recommends waiver of space rental charges at the Miami Beach
Convention Center and the Square Footage Fee, Vehicle Beach Access Passes, Lummus Park User Fee and Police
and Fire Administrative Fees associated with the Special Event Permit.
The City would work with the South Florida College Football Championship Game Task Force to help identify other
sources of funds (1.e. Miami Beach Visitor and Convention Authoritv) to other ex
Financial lnformation:
Source of Funds:
OBPI
Amount Account
1
Total
Financial lmpact Summary: The events will bring thousands of visitors to our City, resulting in both direct and indirect
positive economic impact from this event. Ancillary revenues (i.e. Resort Taxes and other revenue at the Convention
Center) from the event will offset any expenses incurred in the hosting of the event. Furthermore, the City expects to
oenerate oarkino revenue from event attendees.
AGENDA ITEM c-7 Lf-h-t{E MIAMIBEACH DATE312
g MIAMI BEACH
City of Miomi Beqch, 1200 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISS MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
A RESOLUTION OF THE MAYOR CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, W SPACE RENTAL CHARGES AT THE
MIAMI BEACH GONVENTION CENTERAND SPECIAL EVENT FEES (SQUARE
FOOTAGE FEE, VEHICLE BEACH AGCESS PASS FEES, LUMMUS PARK
usER FEE, AND POLICE AND FIRE ADMINISTRATIVE FEES) FOR THE
SOUTH FLORIDA COLLEGE FOOTBALL CHAMPIONSHIP TASK FORCE, IN
CONNECTION WITH THE GOLLEGE FOOTBALL GHAMPIONSHIP GAMES TO
BE HELD !N SOUTH FLORIDA JANUARY 2018 OR JANUARY 2020.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
BACKGROUND
A college football national championship is the highest award for college football in the
United States, currently the NCAA Division l. The College Football Playoff (CFP) is a
postseason tournament in American college football for the NCAA Division I Football Bowl
Subdivision (FBS). The playoff began in the 2014-2015 season. Four teams play in two
semifinal games, and the winners advance to the College Football Playoff National
Championship. Six bowl games - the Rose Bowl, Sugar Bowl, Orange Bowl, Cotton Bowl,
Fiesta Bowl, and Peach Bowl - rotate as hosts for the semifinal bowl games
The championship game is played on the first Monday that is six or more days after the
semifinals. The game's venue is selected based on bids submitted by cities, similar to the
Super Bowl or NCAA Final Four. The winner is awarded the College Football Playoff
National Championship Trophy. Unlike FBS college football's title system used from 1998 to
2013, the Bowl Championship Series (BCS), the new format does not use computer
rankings or polls to select the participants. Rather, a 13-member committee selects and
seeds the teams. The playoff system is the first time the top-level NCAA football
championship has had a bracket competition. The television broadcast rights to the playoff
games are owned by ESPN through at least the2025 season. The Ohio State won the first
college football playoff defeating Oregon 42-20.
The South Florida College Football Championship Game Task Force is leading the effortfor
the 2018 and 2020 bids. The bids are due May 27 ,2015 and require the destination to host
a series of ancillary events for the College Football Playoff. The Task Force has identified
Miami Beach as a host destination for the following events:
. Playoff Fan Central. Multi-day ticketed event in the Miami Beach Convention Center
for fan interactive experiences;. Playoff Playlist Live: Multi-day ticketed event featuring outdoor concerts in Lummus
Park; and
TO:
FROM:
DATE:
SUBJECT:
City
313
City Commission Meeting
College Football Championship Game Bid
May 6, 2015
Page2 of 2
. CMT Kickoff Event: Country Music Television Kickoff concert in the Miami Beach
Convention Center or Lummus Park.
The South Florida College Football Championship Game Task Force has requested support
from the City in waiving costs associated with these events. The City has historicallywaived
fees associated with space rental of the Convention Center and special event related fees
for prior comparable events such as the Super Bowl and WrestleMania. ln this case, the
Administration recommends waiver of space rental charges at the Miami Beach Convention
Center and the Square Footage Fee, Vehicle Beach Access Passes, Lummus Park User
Fee and Police and Fire Administrative Fees associated with the Special Event Permit. The
City is committed to identifying additional sources of funds (e.9. Miami Beach Visitor and
Convention Authority) to help defray other expenses.
ANALYS!S
The events will bring thousands of visitors to our City, resulting in both direct and indirect
positive economic impact from this event. While it is too soon to know, it is likely (consistent
with comparable events such as the Super Bowl), that additional events at City hotels and
venues will result from the presence of College Football Championship Game. Ancillary
revenues (i.e. Resort Taxes and other revenue at the Convention Center) from the event will
offset any expenses incurred in the hosting of the event. Furthermore, the City expects to
generate parking revenue from event attendees.
CONCLUSlON
ln light of the positive economic impact this event will have on the community, the
l:;:ffirecommends
that the city Commission approve the proposed resolution.
T:\AGENDA\201 5\May\TCED\College Football Championship Memo.doc
314
April2T ,2OLS
Mr. Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Morales:
The South Florida College Football Championship Game Task Force is leading our community's bid for the 2018
and 2020 College Football Playoff National Championship Games. ln order to meet the bid's requirements, we
are tasked with securing event venues to host the College Football Playoff Group's Official Ancillary Events.
The Task Force would like to make the City of Miami Beach a featured destination for select marquis events,
yet we will need the City's assistance to secure the event sites and to provide financial support with the
associated event costs.
Below is the description of events that the Task Force is targeting for the City of Miami Beach to host:
PLAYOFF FAN CENTRAL
o Event Dates:
= For 2018 Friday tlslt9 - Sunday U7 /1.8 (orl
> For 2O2O Friday LlLOl20 - Sunday tlL2lzo
o Event Summary:
= Multi-day ticketed event for fan interactive experiences
o Venue Request:
+ Use of the entire Miami Beach Convention Center
= Usage to be reserved and contracted including move-in and move-out dates
n 20L8
o Move-in of Saturday L2/30117 and move-out of Wednesday 01,/LOl1,8
n 2020
o Move-in of Friday tl3lzo and move-out of WednesdaV OtlL5/20
PLAYL!ST LIVE
o Event Dates:
= For2018 Saturday Ll6l18-Sunday t/7/L8(orl
= For2020 Saturday LlLt/2O-Sunday Ll12l2O
o Event Summary:
= Multi-day ticketed event featuring outdoor concerts
tr Minimum attendance of 20,000 patrons at any one time
o Venue Request:
= Use of Lummus Park (including beachfront)
= Usage to be reserved and contracted including move-in and move-out dates
315
tr 2018
o Move-in of Saturday 12/30/L7 and move-out of WednesdaV OtltOlLS
! 2020
o Move-in of Friday Ll3lzo and move-out of Wednesday 0l/15/20
CMT KICKOFF EVENT
o Event Date:
= For 2018 Friday U5118 (or)
= For 2020 Friday I/LO/20
o Event Summary:
=> Currently expected to be a CMT (Country Music Television) kickoff beach or indoor concert with
VIP ticketed and guest areas as well
n Minimum attendance of 5,000 patrons
o Venue Request:
+ Use of either Lummus Park (including beachfront) or the Miami Beach Convention Center
= Usage to be reserved and contracted including move-in and move-out dates
tr 2018
o Move-in of Saturday t2l3olt7 and move-out of Wednesday 01/10/L8
a 2O2O
o Move-in of Friday tl3l2o and move-out of Wednesday 0U15120
The South Florida College FootballTask Force respectfully requests the City of Miami Beach's support in
waiving any costs associated with each of the aforementioned events. The anticipated expenses, as listed
below, are consistent with the requirements outlined in the College Football Playoff National Championship
Games request for proposal specifications:
o Rental costs of any facility utilized (including working areas associated with events)
o Security both Police and other venue security services associated with the events
o Fire, paramedic and first-aid services associated with the events
o Power usage and installation associated with the events
o WiFi/internet usage and installation associated with the events
o Parking for Media and Operations personnel associated with events
o StaffinB associated with the venue usage (i.e. ticket sellers and ticket takers)
r Permit and Sq. Footage fees associated with the events
o Corporate or sponsor sampling corkage associated with the events
o Merchandising corkage associated with the events
o Sanitation associated with the events
o Road closures as needed
The South Florida College Football Task Force appreciates the City's consideration of waiving these requests.
ln addition to the aforementioned items, we welcome your guidance on identifying any additional expenses
that can waived in association with our bid effort.
316
We look forward to working with the City of Miami Beach on our efforts to bring the excitement and economic
impact of the 20L8 and 2020 College Football Playoff National Championship Games and associated events to
our community.
Sincerely,
;frAfG_*
Judge Michael B. Chavies
Chair
South Florida College Football Championship Game Task Force
317
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND GITY COMMISSION OF THE CITY OF
MIAM! BEAGH, FLORIDA, WAIVING SPACE RENTAL CHARGES AT THE
MrAMr BEACH CONVENTTON CENTERAND SPEGTAL EVENT FEES (SQUARE
FOOTAGE FEE, VEHICLE BEACH ACCESS PASS FEES, LUMMUS PARK
USER FEE, AND POLIGE AND FIRE ADMINISTRATIVE FEES) FOR THE
SOUTH FLORIDA COLLEGE FOOTBALL TASK FORCE, IN CONNECTION
WITH THE COLLEGE FOOTBALL GHAMPIONSHIP GAMES TO BE HELD !N
SOUTH FLORIDA JANUARY 2018 OR JANUARY 2020.
WHEREAS, the College Football Playoff (CFP) is a postseason tournament in American
college football for the NCAA Division I Football Bowl Subdivision (FBS); and
WHEREAS, the CFP championship game is played on the first Monday that is six or more
days afterthe semifinals and the game's venue is selected based on bids submitted by cities, similar
to the Super Bowl or NCAA Final Four; and
WHEREAS, the South Florida College FootballChampionship Game Task Force is leading
the effort for the 2018 and 2020 bids, which are due May 27 , 2015 and the selected destination
would be requried to host a series of ancillary events for the CFP; and
WHEREAS, the Task Force has identified Miami Beach as a potential host destination for
the following events:
. Playoff Fan Central: Multi-day ticketed event for fan interactive experiences;. Playoff Playlist Live: Multi-day ticketed event featuring outdoor concerts;. Country Music Television (CMT) Kickoff Event: CMT Kickoff concert; and
WHEREAS, the South Florida College Football Championship Game Task Force has
requested support from the City in waiving costs associated with these events; and
WHEREAS, the City has historically waived fees associated with space rental of the
Convention Center and special event related fees for prior comparable events such as the Super
Bowl and WrestleMania; and
WHEREAS, the Administration recommends waiver of space rental charges at the Miami
Beach Convention Center and the Square Footage Fee, Vehicle Beach Access Pass Fees,
Lummus Park User Fee, and Police and Fire Administrative Fees associated with the Special Event
Permit for the South Florida College Football Championship Game Task Force; and
WHEREAS, the City is committed to identifying additional sources of funds to help defray
other expenses; and
WHEREAS, the events will bring thousands of visitors to ourCity, resulting in both direct and
indirect positive economic impact.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of the City of Miami Beach, Florida, hereby waive space rental charges at the
318
Miami Beach Convention Center and special event fees (Square Footage Fee, Vehicle Beach
Access Pass Fees, Lummus Park User Fee, and Police and Fire Administrative Fees) forthe South
Florida College FootballTask Force, in connection with the College FootballChampionship games
to be held in South Florida January 2018 or January 2020.
PASSED and ADOPTED this 6th day of May, 2015.
ATTEST:
PHIt-IP LEVINE, MAYOR
RAFAEL E. GRANADO, CIry CLERK
JLM/KGB/MAS
T:\AGENDAV015\May\TCED\College Football Championship Reso.doc
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
altol66,1ffiy.# E;.
319
Gondensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE TO ISSUE A REQUEST FOR PROPOSALS (RFp) 2015-178-WG, TO
PROVIDE FOR THE INSTALLATION AND OPERATION OF CITYWIDE AUTOMATED TELLER
MACHINES (ATM) AT VARIOUS CITY.OWNED FACILITIES.
COMMISSION ITEM SUMMARY
At its March 11, 2015, meeting, the Finance and Cityruide Projects Committee recommended
releasing an RFP for qualified companies to bid on placement of ATM machines throughout the City.
The City of Miami Beach, as a benefit to its visitors and City residents, is seeking approval to issue
the aforementioned RFP to seek proposals from qualified firms to provide for the installation,
operation, maintenance, and management of automated teller machines (ATM) to be located at
various City-owned facilities. The RFP is also intended to be revenue generating and should not
create any operational costs for the City.
CITY MANAGER'S RECOMMENDATION
fhe City Manager recommends that the Mayor and City Commission of the City of Miami Beach,
Florida, approve the resolution accepting the recommendation of the Finance and Citywide Projects
Committee, authorizing the issuance of RFP 2015-178-WG for the lnstallation and Operation of
Citywide Automated Teller Machines (ATM) at Various City Owned Facilities.
lntended Outcome Su
Item Summary/Recommendation :
Build And Maintain Priority Infrastructure With Full Accountabilit
Supporting Data (Surveys, Environmental Scan, etc.): N/A
The Finance and Citywide Projects Committee recommends that the Mayor and City Commission of
the City of Miami Beach, Florida, authorize the issuance of RFP 2015-178-WG for the installation
of Citwvide automated teller machines (ATM) at various Citv owned facilities.
Financial I nformation:
Financial lmpact Summary: Revenue Generating.
islative Tracki
Alex Denis, Director Ext # 6641
n-Offs:
Department Director Assist6nt Citv Manaqer Gity Me aqer
AD, -,q]" M slIL"KB '/44r' Mr_JtM t L
T:\AGENDA\2015\Mii'y\PROCUREMENT\RFP 2015-178-WG lnstallation and Operation of Citywide Automated Tfller fflachines (ATM) at
Various City Owned Facilities.-ISSUANCE SUMMARY.doo \ I\/
AGENBA ITEAI
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c7M
f'(^'t{# nAIAntAIfiTACH 320
MIAMIBEACH
City of Miomi Beoch, i700 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: May 6, 2015
the City
OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE A
REQUEST FOR PROPOSALS (RFp) 2015-178-WG, TO PROVIDE THE
INSTALLATION AND OPERATION OF CITYWIDE AUTOMATED TELLER
MACHTNES (ATM) AT VARTOUS Ctry-OWNED FAC!L!T|ES.
ADM!NISTRATION RECOMMENDATION
Authorize the issuance of the RFP.
BACKGROUND
At its March 11, 2015, meeting, the Finance and Citywide Projects Committee
recommended releasing an RFP for qualified companies to bid on placement of ATM
machines throughout the City.
The City of Miami Beach, as a benefit to its visitors and City residents, is seeking
approval to issue the aforementioned RFP to seek proposals from qualified firms to
provide for the installation, operation, maintenance and management of automated teller
machines (ATM) to be located at various City-owned facilities. The RFP is also intended
to be revenue generating and should not create any operational costs for the City.
ln developing the list of location appropriate for an ATM machine, staff determined that it
would be feasible to include Historic City Hall, City Hall the Miami Beach Convention
Center, Colony Theater, Scott Rakow Youth Center, North Shore Recreation and Tennis
Center, Flamingo Park Tennis Center, Miami Beach Golf Club and Normandy Golf Club.
Additionally, several parking garages were also included. However, based on
discussion with the Parking Department and Police Department, and given the potential
for theft, garages were selected only if they had elevator lobby vestibules that were well
lit. Therefore, the following garages were excluded:
. 12 Street Garage,. 13th Street Garage,. 17th Street Garage, ando Pennsylvania Garage.
SCOPE OF SERVICES
The successful proposer(s) will be responsible for providing, installing, operating,
maintaining and managing the Automated Teller Machines.
321
City Commission Memorandum - RFP for lnstallation, Operation, Maintenance, and Management of
Automated Teller Machines (ATM) at Vaious City-owned Facilities
May 6,2015
Page 2 of 2
OTHER RFP REQUIREMENTS
o MINIMUM QUALIFIGATIONS. Please Reference, Appendix C, RFP 2015-
178-WG for lnstallation and Operation of Automated Teller Machines (ATM)
at Various City-owned Facilities (attached).
o SUBMITTAL REQUIREMENTS. Please Reference Section 030 RFP 2015-
178-WG for lnstallation and Operation of Automated Teller Machines (ATM)
at Various City-owned Facilities (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-
178-WG for lnstallation and Operation of Automated Teller Machines (ATM)
at Various City-owned Facilities (attached).
CONCLUSION
The City Manager recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve the resolution accepting the recommendation of the Finance
and Citywide Projects Committee, authorizing the issuance of RFP 2015-178-WG for the
lnstallation and Operation of Citywide Automated Teller Machines (ATM) at Various City
Owned Facilities.
o ATTACHMENTS
RFP 2015-178-WG for lnstallation and Operation of Automated Teller
a$/achines (ATM) at Various City-owned Facilities.(t
4b
JLM / K8// SF / AD
T:\AGENOAf20'1s\May\PROCUREMENT\RFP 2015-178-WG lnstallation and Operation of Automated Teller Machines (ATM) at Various City{Med Facilities.-
ISSUANCE MEMO.doc
Page 2 of 2
322
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS GOMMITTEE TO ISSUE REQUEST
FOR PROPOSALS (RFP) 2015-178.WG, TO PROVIDE THE INSTALLATION
AND OPERATION OF CITYWIDE AUTOMATED TELLER MAGHINES (ATM)
AT VARIOUS CITY.OWNED FACILITIES.
WHEREAS, on March 11,2015, the City Commission of Miami Beach, Florida, referred
to the Finance and Citywide Projects Committee (the Committee) for discussion regarding the
issuance of a solicitation for the placement of automated teller machines on City property:
WHEREAS, the Committee convened on April 8, 2015 to discuss issuance of a
solicitation for ATMs on City property; and
WHEREAS, pursuant to the Committee's recommendation, the City Manager, requests
authorization for the Administration to issue an RFP for the installation and operation of Citywide
automated teller machines at various City-owned properties and facilities.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the Finance and Citywide Projects
Committee to issue Request for Proposals (RFP) 2015-178-WG, to provide the installation and
operation of Citywide automated teller machines (ATM) at various City-owned facilities.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
T:\Agandauo15\May 6\RFP 2015-178-WG Operation and lnstallation of Citywide Automated Teller Machines at Various City-omed Facilities - Reso.doc
'iffi3ffitl&'
t\*
323
REQUEST FOR PROPOSALS (RFP)
INSTALLATION AND OPERATION OF CITYWIDE AUTOMATED TELLER
MACHTNES (ATM) AT VARTOUS C|TY-OWNED pROpERTtES AND
FACILITIES
,..i,1i..,,,
" ""'.t't
ii'
2015-178-WG ," "'\',,.r,,.
:::::\,
. .. t'
RFP ISSUANCE DATE: MAY 6,2015
PROP-OSAL$DUE: JUNE 3,2015 @,3:0:0 PM
r:. ::1:.::.:::. : :,i ,l
ISSUED BY: WILLIAM GARVISO, CPPB
# &AIAflAIBEACH
WILLIAM GARVISO, PROCUREMENT COORDINATOR
PROCU REMENT DEPARTMENT
1740 Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33-l 39
305.673.7000 X6650 | www.miomibeochfl.gov
324
g AAIAfu\IBTACH
TABLE OF CONTENTS
SOLIGITATION SECTIONS:
OlOO NOT UTILIZED
O2OO INSTRUCTIONS TO PROPOSERS & GENERAL CONDITIONS
O3OO SUBMITTAL INSTRUCTIONS & FORMAT
O4OO PROPOSAL EVALUATION
APPENDICES:
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
PAGE
N/A
RFP 20I5IZBWG Poge 2
325
&MiAfu\IBTACH
sEcTtoN 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the
"proposal") to the City for the City's consideration as an option in achieving the required scope of services and
requirements as noted herein. All documents released in connection with this solicitation, including all appendixes
and addenda, whether included herein or released under separate cover, comprise the solicitation, and are
complementary to one another and together establish the complete terms, cotrditiors and obligations of the
Proposers and, subsequently, the successful Proposer(s) (the "contractor[s] ) if this RFP results in an award.
The City utilizes PublicPurchase (www.publicpurchase.mm) for autom#=hotmiaton of competitive solicitation
opportunities and document fulfillment, including the issuance of any addendum to :this RFP. Any prospective
Proposerwho has received this RFP by any means otherthan througfPublicPurchiien!$t register immediately
with PublicPurchase to assure it receives any addendum issued to this RFP. Failure io*ceive an addendum
may result in disqualification of proposal submitted.
the installation,
4. PROCUREMENT'CONTACT. Afi$questions orclarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
William Garviso
Additionally, the City Clerk is to be copied on all communications via email at: RafaelGranado@miamibeachfl.qov ;
or facsimile: 786-394-4 1 88.
The Bid title/number shall be referenced on all correspondence, All questions or requests for clarification must be
received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All
responses io questions/clarifications will be sent to all prospective Proposers in the form of an addendum.
Telephone:
305.673.7000 x6650
Email:
williamgarviso@miamibeachfl .gov
3.ETABLE. The tentative schedule foi$ii:so[citation is as''$IkdWs:
RFP lssued M?Y,-"6,,,2,,Q.,,,1,. ...-
P.19.f
19,.q,9
s a t M eeti n g #ay',13,2,0,15,, ;
t$tipy,l-f ,:lQl$
June 3, 2015 @ 3:00 PM
TBD
!.
TBD
TBD
Contnct Negbtiations Following Commission Approval
RFP 20I5-IZBWG Poge 3
326
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5. PRE'PROPOSAL MEETING 0R 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 - 4ttr Floor
City Manage/s
",t-Srgg
Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
::::.:::=1:.1':i:::.
as. source
mandatory, Proposers interested in participating in the pre-proposal
these steps:
i6ii'j[[ggting
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toil-free
(2) Enter the MEETING NUMBER: 5804578
of information, but is not
via telephone must follow
Attendance (in person or via telephone) is encouraged and recommended
Proposers who are interested in participating via telephon
RFP expressing their intent to participate via telephone.
You =iewhich fuay
.\
questions received by prospective
any information received at pre-
t=5'b binding and may supersede
of communicatig=n=s=$,tne protuiem=ffiifii'6tei;==A.q,pffi administrative staff responsible for administering the
procuremenf p,ioees$ar tliisglicitati6'$+roviding said'communication is limited to matters of process or procedure
listed in this
following
website:
regarding.,.the_ solicitation, Communicat{onEr regqrding this solicitation are to be submitted in writing to the
Procure ent Contact named h with a=@ to the City Clerk at RafaelGranado@miamibeachfl,gov.
*:i
herUby advised thatbe found on
to the
Beach
this
the
. C0NE OF SlLENCE..... :.ii...-.,,.,,,..,,,,..... PROTEST PROCEDURES...:...:........,,..... DEBARMENT PROCEEDINGS. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES..... CAMPAIGN CONTRIBUTIONS BY VENDORS. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
rssuES...........
o REQUIREMENT FOR CIIY CONTMCTORS T0 PROVIDE EOUAL
BENEFITS FOR DOMESTIC PARTNERS.,.,,.
. tlVlflG WAGE REQU|REMENT,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
o PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE.CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES.
solicitation is subject
City Of Miami
CITY CODE SECTION 2486
CITY CODE SECTION 2-371
CITY CODE SECTIONS 2.397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2.406
CITY CODE SECTION 2487
CITY CODE SECTION 2488
CITY CODE SECTION 2-373
EITY CODE SECTIOI'IS 2 107 THROUGH 2 410
CITY CODE SECTION 2.374
7. CONE OF SILENCE. Pursu"arlki-tqs;,9..,rg.gtion 2-486 of itre City CoO., ,if procurement solicitations once advertised
and until an award recommendatiori:has-been fonrvarded to the City Commission by the City Manager are under the"Cone of Silenef J. Thdffi Cone sf :.- Silence ordinance is available at
http:/ilibrary.municode.cdfifi'fldex.aspx?cffitlD='13097&statetD=9&statename=Florida. Any communication or
inquiry in reference to this solioit i
RFP 2015-t 78-WG Poge 4
327
&AAIAI'AINTACH
a
t
FALSE CLAIMS ORDINANCE CITY CODE SECTION 7O-3OO
CITY CODE SECTION 2.449ACCEPTANCE OF GIFTS, FAVORS & SERVICES
9. POSTPONEMENT OF DUE DATE FOR RECEIPT 0F 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 proceduregfor protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requiremenls of City Code Section 2-
371 shall be barred,
-*,*i't$$,'*\g
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to*ffi of Mi$ti1*Beach Ordinance N0. 2011-
3748, the City shall give a five (S) point preterence to a responsive, an4*iesponsfOie- eroposer which is a small
business concern owned and controlled by a veteran(s) or which,is, a iervicddisabled veteran business enterprise.
12. DETERMINATION OF AWARD. The final ranking resuttS. i Step 1 & 2 outlined in S3'-i ,g,,[.valuation of
Proposals, will be considered by the City Manager who may rebommend to ttre City Commission"the Propose(s)
he/she deems to be in the best interest of the City or may recommend rejection of all proposals. Tfie City Manage/s
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
BeachCityCodeSection2-369,incIudingthefolffigconsiderations:
(1)The ability, capacity and skillof t[r'e Proposerto perform the contract.
(2) Whether the Proposer can perfo.rmithe contr"qct within the time ipecified, without delay or
interference, "Hr,i,
(3) The character, iniegrity, reputation, judgm.ent,'ei'ieEe,Ap d efficiency of the Proposer.
(4) The quality of performance of previous contracts. i
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract. i1",. . rThe City Commission shatl consider the City ManS'$ei's recommendation and may approve such
recommendation. T-[e City CommiSsion'may also$,its option, reject the City Manager's recommendation and
select another.Pl doiProposals which ii Oeemilo be in the best interest of the City, or it may also reject all
Proposals..ppbn approVal 0f sqlection !i lhe City Commission, negotiations between the City and the selected
Propos# willtake place to=aBffe at a niutiially acceptable Agreement.
:::::::::::t ::: .: :
t:,_!f l'..
The City miff]flard up to three vendors (primary, secondary, teilary), as available, by line item, by group or in its
entirety, The Ctty will endeavor to,qr-tilize vendors in order of award. However, the City may utilize other vendors in
the event that 1) h$nt1_act vendoflis not or is unable to be in compliance with any contract or delivery requirement;
2) it is in the best inteieS$oJ th?,,,...q t0 do so regardless of reason.
,,,,1
13. ACCEPTANCE OR R_EJECTION OF PROPOSALS. The City reserves the right to reject any or all proposals
prior to award. Reasonable efforts will be made to either award the Contract or relect all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
RFP 20I5-I7B-WG Poge 5
328
&fulIAMIBTACH
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 ihe 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.
1u. MlulAntru. Hroposers are expected t0 examine the te.rih\, conditions, specificationdi;ffiivery schedules,
proposed pricing, and all instructions pertaining to the goodscand.services ielativeto this RFP, fiitureto do so will
be at the Proposer's risk and may result in the Proposal
16. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby,:rcknowledge and agree, that
the successful Proposer is considered to be an independent contractor, and thdi.:'iit her the eropose[ nor the
Proposer's employees, agents, and/or contractors, shall, under any circums-tances, be considered employees or
..:::l iii;t+ir;agents of the City.
. e ' ,. ,"t,
17. TAXES. The City of Miami Beach is exempt from all Federal Exc[sp,,p.ndlate taxdSl;.
=..i'iittl-
*%n
:','-. -18. MISTAKES. Proposers are expected to examine the teffi, conditions, specificatiohil Oe^tivery schedules,
19. PAYMENT. Payment will be made by the City after the goods ffi$'i}.ft1pes have been received, inspected, and
found to comply with contract, specifications, free of damage or defect,YfiEjere properly invoiced. Invoices must be
20. PATENTS & ROYALTIES. Proposer snatt inoem-iry ,naid$6'nrrmless tneEii1l of Miami Beach, Ftorida, and its
officers, employees, contractors, and/or agents, from tiability qf=an, nai[.qe=oL kihd, including cost and expenses for,
19. PAYMENT. Payment will be made by the City after the goods ffi$'f!.,ft1pes have been received, inspected, and
experienced,'eQrtified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the iiiy=anY and all documentation, certificaiion, authorization, licenie, permit, or registration Jurrently
required by applicablq,!,q,...W-s, rules, and regulations. Proposer further certifies that it and its employees will keep ail
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulitions in full force
and effect during the term of this conkact. Failure of Proposer to comply with this paragrafh 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 wlth alt
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 COND|TIONS. Any and all Special Conditions that may vary from these General Terms and
or on account of, any copyright*, patented, or unpatented invention, procesi, or article manufactured or used in the
performance of the contract, inCi[riling:r$ use by the City of Miami Beach, Florida. lf the Proposer uses any design,
device or materials covgpji5l letters, dEAt, or copyright, it is mutually understood and agreed, without eiception,
that the proposal priceS'sl'rbll intlV"d. all royalties or cost arising from the use of such design, device, or materials in
any way involved in the work. ' '- .. "Sl,*
#;
.,;lr:;,:;:::::::,,:::',i,r=,. -t:,,::::.:,?i.l!ill +-fl11:;1;;";tt:....=.'!-1$;;.i
21. MANNER dF'PERFqRIVIANCE. P;dop-q er agreeii5 perform its duties and obligations in a professional manner
and in aceordance with all applicable toCattrp.lgte,County, and Federal laws, rules, regulations and codes. Lack of
knowled$'0,or ignorance by the Proposefl=ry.,..1$lof applicable laws will in no way ie a cause for relief from
responsibility' Ppposer agrees that the services provided shall be provided by employees that are educated, trained,
RFP 2OI5-I Z8.WG Poge 6
329
ID MIAfu{IBTACI-j
Conditions shall have precedence.
23. ANTI-DISCRIMlNAT|0N. The Proposer certifies that he/she is in compliance with the non-discrimination clause
contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal
employment opportunity for all persons without regard to race, color, religion, sex or national origin.
24. DEMONSTRATION OF COMPETENCY.
A. Pre.award inspection of the Proposer's facility may be made prior to the award of contract.
B. Proposals will only be considered from firms which are regularly engaged in,,the business of providing the
goods and/or services as described in this solicitation, ::1
C. Proposers must be able to demonstrate a good record of performance=$a reasonable period of time, and
have sufficient financial capacity, equipment, and organization to ensu hdtthey can satisfactorily perform the
services if awarded a contract under the terms and conditions of this solicitationi i, ,,=
D. The terms "equipment and organization", as used herein sh.,.4,,,Ll;1..pd nstrued to' n a fully equipped and
well established company in line with the best business practi$in the industry, and:'aSdetermined by the City
of Miami Beach. l
E. The City may consider any evidence available regarding thp financial, technical, and other qualifications and
abilities of a Proposer, including past performance (experiencej+ makiffiian award that is in the best interest of
the City, ",1.,,
F, The City may require Proposers to show proof that they have b'ffifi signated as authorized representatives
of a manufacturer or supplier, which is the actual source of supply, fh ihbse instances, the City may also require
material inforrnation from the source of sup0-jy;i'6gqrding the quality, packaging, and characteristics of the
products to be supplied to the City. '
.._.,,;i:..ji:lilrr.. rfl
25. ASSIGNMENT. The successful Proposer shall not assign,ttrafisruiiitonvey, sublet or othenvise dispose of the
contract, including any or all q(u.1i 911.!,,Jitle or interest therein, or his/her or its power to execute such contract, to
any person, company or corporation,'without the prior written consent of the City.
26. LAWS, PERMITS AND iEGULATTONS. The Propos*i'rnrtt obtain and pay for all licenses, permits, and
inspection fees required to corii@the#!:{ shg.llco.mpty with all applicable laws.
ii$iirtgru+lrr'
When the rr.i.asirf Proposer (s) is in agreement, other units of City or non-
profitag-e,nr#s@rrasesgrsu.1nttotheawardofthiscontractattheoptionoftheunitotCityo'
non n@cV B,
=';=-.-1;.:r:r'
28. VOLUMEOF,,,.,WORK T0 BE RECEIVED BY CONTRACTOR. lt is the inientof the City to purchase the goods
and services spiE$rhqally listed in,this solicitation from the contractor, However, the City reserves the right to
purchase any goodS'0[,services algarded from state or other Cityal contract, or on an as-needed basis through the
C ity's spot m arket p u rcFi le,pr-o.Visions,
--=i-i:''""
29. DISPUTES. ln the everit'bf 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. fhesolicitation;then
D. The Proposer's proposal in response to the solicitation.
30. INDEMNIFICATION, The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
RFP 20r 5-178-WG Poge 7
330
g fulIAfu\IBTACH
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 applicabte, including ippellate
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 abovejHdemnification provisions shall
survive the expiration or termination of this Agreement. "6r,;;j;=1Bi$ug
31. coNTRAcr EXTENSION. The city reseryes the right to require thg#
stated termination date for a period of up to 120 calendar days in the evrjiij tha
been awarded. Additional extensions past the 120 calendar days m_a_y.oc&6as
to extend contract past the
stated termination date for a period of up to 120 calendar days in the evffiithat i contract has not yet
been awarded. Additional extensions past the 120 calendar days ma-y.,ociur"as needbd"'bt e City and as mutuilly
agreed upon by the City and the contractor, _ ,i,,='':il:.'r, '11 a;rq_.***
,ri{itr "\ilttil$R.,{r "o:t
'l32. FLORIDA PUBLIC RECORDS LAW. Proposers are hriieby notified that all froposatstnduding, without
limitation, any and all information and documentation iubmitted therediih, are exempt from publil records
requirements underSection 1'19.07(1), Florida Statutes, and s.24(a;'e4r.l*,,,,."df the State Constitution until such time
as the City provides notice of an intended decision or until thirty (30) c'afen!ar days after opening of the proposals,
whichever is earlier. Additionally, Contractor agrees t-o be in full compliance-iwith Florida Statute t t S.OZOt including,
but not limited to, agreement to (a) Keep.andlrryipta!.q-ublic records t@Sflinarily and necessarily would bi
confidential and exempt from public r0cords disclosure requiiements are;riot disclosed except as authorized by law;
(d) Meet all requirements for retaining public records and"ltransfer, at no'tost, to the public agency all public records
in possession of the coptraclor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential 'bnd?xempt from,'public records discJosure requirements. All records stored electronically
must be provided to the public agexcy in'a fgrma! that is corppitlOte with the information technology systems of the
A Proposer may submit a modified Proposal to replace all
0r anv p"qJt!9n of a previously--r_dlmitted Piopoml up until the Proposal due date and time. Modifications received
after the Proposal due date anO.time will not be considered. Pi'oposals shall be irrevocable until contract award
of Proposals withofu contract
expiration date, and'htters of wiexpiration date,
: it
unless withdieffig writing prior to l=he Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals wiihifu contiact aWlrO. Letters of withdrawal received after the Proposal due date and before said
withdifrwal received after contract award will not be considered.
34' EXCEPTIONS TO RFPgmposers 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 shalirequire
the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took eiception to (as
said term and/or condiiion 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
33. MoDr
RFP 2015-178-WG Poge B
331
g MIAMIBIACH
service that might reasonably tend to improperly influence himiher in the discharge of his official duties.
Balance of Paqe lntentionallv Left Blank
;,"" r -.r:ui ffi '\i.
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a,iili i lrri
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RFP 2OI5-I7B-WG Poge 9
332
2. LATE BIDS. Bid Proposals are to be received on or before the due date establidhed herein for the receipt of Bids.
Any Bid received after the deadline established for receipt of propo"sali will,b.ponsidered late and not be
accepted or will be returned to Proposer unopened. The City does not accep{ iesponsibility for any delays,
&MIAfuTIBTACH
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 (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 accepiable 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, Floiida33139.
natural or othenrvise.
& Qualifications
2.1 Qualificatigg=$,jffifrop*ggng Firm'Submit detailed information regarding the firm's history and relevant experience
and proven6t*iktCoiO of providrng the scope of services similar as identified in this solicitation. For each project that
the Propg. f'r submits as evitCence.of similar experience, the following is required: project description, agency name,
agency'dontact, contact telephone$ email, and yea(s) and term of engagement.: ::t::t! !'
e*.
2.2 Qualificatid4$,lB.f Proposer T.qqL Provide an organizational chart of all personnel and consultants to be used for
this project if awaffib] the role that effih team member will play in providing the services detailed herein and each team
members' qualificatiidh.s., A resume bf each individual, including education, experience, and any other pertinent
information, shall be inCtd it ,.e Proposal team member to bJassigned to this'contract.
23 Financial Capacity. filUFiioposer shail arrange for Dun & Bradstreet to submit a Supplier eualification Report
(SOR) directly to the Procurehent 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 reportfrom D&B at:
https://supplierportal.dnb.com/webapp/wcs/stores/servleUsupplierPortal?storeld=116gG
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 Gity and
as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process.
RFP 20I5.IZB WG Poge 1 0
333
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 Cornmittee to complete a full review.and score the
Approach and Methodology
receivei bv the Citv, 'r ?*'
S*hmit&tailed'info.rmation on,hoyrr.pllppo5er ptans to accomplish the requiied scope glserviges, .including dgt-ailed
lnfo'rmat[Qn,'as app[[cabte, whi-qh addresses, but nee.d'hot 6e limiled t@se,of inh'ovatiV'b teChnology, reporting.and
traCking.of ATM transactions:that'iesult,-in the highest levet of cuStomer:,servlce.while*aximlzirlg Vehues
Public Benefit
Submit detailed.'infoimatifun'h pi$o5er wilt.provide value-ad{ed services o'r',publie"beneftts,ielated'to the
scope of this RFP proposed by the proposer, Public benefit(s) to the City which may include, wrthout limitation,
benefits to'residents','benefits in''supBOrt of the City's educati,onal,.qg, act'with Mia Dade'Public Sdhools,
and/orsuch oth*,City'pubtlc benOfits@/orcerviices aS the'City Mana$* may, in his,reagonable:jud$ment and
discretion. from time to'time- ieoui're.
&MIAMiBTACH
reviewed/audited financial stat$ents with.the auditors notes'fbr,,€''ach of their last two complete fiscal years).
RFP 20I5-IZB.WG Poge 1 I
334
4 MrAMrsrAcri
PROPOSAL EVALUATIONsEcTtoN 0400
1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meetto evaluate each
Proposal in accordance with the requirements setforth in the solicitation. lf furtherinformation is desired, Proposers
may be requested to make additional written submissions of a clarifying nature or oral presentations to the
Evaluation Committee. The evaluation of proposals will proceed in a two-step process as noted below. lt is important
to note that the Evaluation Committee will score the qualitative portions of the proposals only, The Evaluation
Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2
Evaluations will be fonvarded to the City Managerwho will utilize the results to makera recommendation to the City
Commission.
2. Step 1 Evaluation. The first step will consist of the qualitative criteria,liited below to be considered by the
Evaluation Committee. The second step will consist of quantitative critg$a estabti$bd.below to be added to the
Evaluation Committee results by the Department of Procurement Management, An Evalu3ition Committee, appointed
by the City Manager, shall meet to evaluate each Proposal in accordEnCeyfth the qualifications criteria established
below for Step 1, Qualitative Criteria. ln doing so, the Evaluatiort'0ommittee may: -' , .. review and score all proposals received, with or U*ithout condudtiqg interview sessions?;-0j,,$
. ,.?l'*''*4illliil:::'i14, ^ !:.1 ,rll. review all proposals received and short-list one o+.nrore Pr.&,fusers to be further'C'oniiOereO during
Proposer Experience and Qualifications, inctuiiiii'$xi5lnancial Capability
Approach and Methodology =',,,,i,, . ,, t 'Sffifl:;:::#',*' ,. "'"''
i==
3. Step 2. Evaluation. F
additional quantitative crffipolnts td OOed by the Department of Procurement Management to thoie points
Veterans PreIq,i,e'
',::ti:)ila
4. RevenueF.'i<ipqsal Evaluation. The revenue proposal points shall be developed in accordance with the following
Sample Obiective Formula for Cost
Vendor Revenue
Propotal.::
:.Example Maximum
Allowable Points
(Points noted are for
illustrative purposes only.
Actual points are noted
above.)
Formula for Calculating Points (highest
revenue share perATM transaction paid
the City / revenue proposal being
evaluated X maximum allowable points =
awarded points)
Round to
Total
Points
Awarded
Vendor A $200.00 25 $100 / $200 X25 = 25 25
Vendor B $150.00 25 $100 / $150 X 25 = 16 16
Vendor C $100.00 25 $100/$100X25=13 't3
RFP 20 I 5.] Z8 WG Poge 1 2
335
g, ,tlrAAArBrACri
5. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step '1 scoring, Step 2 Points
will be added to each evaluation committee member's scores by the Department of Procurement Management. Step
1 and 2 scores will be converted to rankings in accordance with the example below:
* Final Ranking is presented to the City Manager for further due dlligence and
recommendation to the City Ca-m$ -,,iQIl. Final Rankin$ d0e..q1g!.constitute
an award recommendation until=s,uth tinre.$,[!e City Manffihas made his
recommendation to the City Corirmission, whlc"fui.n_ay be diffeient than final
rankingresults. d ,_,i.*
'#6\'{'1 n1"
t.
,,;:;:
7 "ii'r!
&,=
RFP 2015-] 7B-WG Poge 1 3
336
APPENDIX A
MIAAAI
. #',n
MffiAffH
,1,,j:. .
,:.. ;p$. .;
sTArytGN,,nND OPERATTON OF
AU| MnT#D TELLER MACHTNES (ATM)*.I T^VAR IO US CITY-OWN ED
PR'OPERTI ES AN D FACI LITI ES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
Proposol..g
RFP 20r 5-178-WG Poge 1 4
337
Solicitation No:
2015-178-WG
Solicitation Title:
INSTALLATION AND OPERATION OF AUTOMATED TELLER MACHINES (ATM)AT
VARIOUS CITY.OWNED PROPERTIES AND FACILITIES
Procurement Contact:
William Garviso
Tel:
305.673.7000 x 6650
Emarl:
williamqarvisotOmiamibeachfl .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 collec!,necessary information from
Proposers in order that certain portions of responsiveness, responsibility ?nd'bthei',determining factors and
compliance with requirements may be evaluated. This Proposal Certificatiqdrcuestionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully comp.ldedd.executed.
General Proposer lnformation.
FIRM NAME:
No of Years in Business:NoofYearsinBuslnrylgcallV:
f.No
ofEmoloyees:
FIRM PRIIVARY ADDRESS (HEADQUARTERS):
CIW:"-4slriir,it
STATE:ZIP CODE:
TELEPHONE NO.:
ULL FI(E.E NU.:
FAX NO,:
CITY:
STATE:
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.
.,fi,'.
jl:':!i.,t:
RFP 20I5-I7B-WG Poge 1 5
338
4.
veteran owned Business. ls Proposer claiminq a veteran owned business status?f---l'vrs -[-_l *o
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 musl
disclose the name of any City employee who owns, either directly or indirectly, an interestof ten (10%) percent or more in the
Proposer entity or any of its affiliates.ffii;';-
..+lEln
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer,i--di.iii r, agent, or immediate famity member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami $each. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten ('10€6}ri'fiirceh't.di'more in the Proposer entity or any of
its affiliates ' . ,,,
References & Past Performance. Proposer shall submit at least tnree tii il6i.n.., for whom ti. eropor.r. has compteted work
similar in size and nature as the work referenced in solicitailon. :
, - ,,
SUBMITTAL REQUIREMENT: For each reference submitted, the following inforhation is required: t1 firm t'tame, 2) Contact
lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email fnd 6)Natr:iiftilelbn'Scope of Services,..Piovided.
Litigation History. Proposer shall submit a statement of any titigation offitipry action that has been fited against your firm(s)
in the last five years. If an action has been filed,'qlgte and describe the litigation or regulatory action filed, and idlntify ine court oi
agency before which the action was instituted, tndlapplicaOte case or file number, and the status or disposition for such reported
action. lf no litigation or regulatory action has been'fled agains.lyour firm(s), provid.e a statement to that effect. lf "No" litigation or
regulatory action has been filed against your firm(s), please pioiilSp a sta"tement to thaireffect. Truthful and complete aniwers to
this question may not necessarily disqualify a fiim from &niiA&"ti,-ox but..wili''be a factor in the seiection process.
Untruthful, misleading
"t
f1:.:,,,,,,,,,1, ers io this 0r..fu,.,.!r,.1,,,|,,!liaa;ffi$*i tification ot tt. iirrn for this project.
SUBMITTAL REOUIREMaili-F;&, shall submit nitiorv or liUgation or'regulatory action filed against proposer, or any
proposer team memberjim, in the past 5 years. lf Proposer has no litigation history or regulatory action in the past 5 years, submit
a statement accordingly. . ,i,,
,
Suspension, Debarment ol'i'*t:a.t e llatio.p,,fl.as eropqsJi.r.r. been debaned, suspended or other legal violation, or had
nance by anypublic sector agency?:s 'f--l
ruoY,IES:,,-jffi=
answeir{Q.;3lwe is "YES,' Proposer shall submit a statement detailing the reasons that led to
h vendor gamPaign ContributicihlliProposers are expected to be or become familiar with, the City's Campaign Finance Reform
laws, as codified in Sections 2-48,F.ithrough 2-490 of ihe City Code, including a prohibition against any vendor giving a campaign:lr:ilr:ll:l$. :i* --'----J--''-_-"J'-"--' J"'9--- f_V'
contribution directly_ or indirectlp,l.itb a candidate, or to the campaign committee of a candidate, for the offices of mayor or
commissioner. eio.d-,,"9.,gis shalti rb solely responsible for ensuring that all applicable provisions of the City's Campaign Finance
Reform laws are cOE$l[$ and shall be subject to any and all sanctions, as prescribed therein, including disquaiification of
their Proposals, in the'EtHit of such non-compliance. A fine of up to $500.00 shall be imoosed on everv oerson who violates this
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of
their Proposals, in the of such non-compliance. A fine of up to $500.00 shall be imposed on every person who violates this
section. Each act of givliii, or depositing a contribution in violation of this section shall constitute a separaie 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 offlce of Mayor or city commissioner for the city of Miami Beach.
RFP 20r 5-r 78-WG Poge 1 6
339
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 Couniy.
SUBMITTAL REQUIREMENT: Proposer shall submlt firm's Code of Business Eihics. 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/procurement/.
8.
9.
d o m€-str:o partn ers of e m p loyees?=t:1,;,1i;,.. .:: [-_l VfS
:t: :::l--l uo
SUBMITTAt REQUIREMEM; Ne additienal submitt*,:is reiiuir€F rii!!!re ef exeeuting.this affidavit deeument; Prepeser agrees
Equal Benefits for Employees,w.ith.spouses anU emi\i-E a6iwitr Oorr&til Partners. When awarding competitively solicited
contracts valued at over $100,000'th-ose,contractors maintajn 51 or more fufftime employees on their payrolls during 20 or more
calendar work weeks, the Equal gen;fits for Domestic Partners Ordinance 2005-3494 iequires certain conkactors doing business
with the City of Miaili Beach, who are iWarded a contract pu&enl.to competitive proposals, to provide "Equal Benefits" to their
employees with domestic parn'rers, as..they provide to employ'ees'with spouses. The Ordinance applies to all employees of a
Contractor who work within the Citylimlts of the City of [t1!iami.B ch, Florida; and the Contracto/s employees located in the United
States, bUt"outS.id.e,.o,,,lJe City of Miami Beadh fimiis,,wh'o: directly performing work on the contract within the City of Miami
4,"'6oes yorr. .orpifii prbviOe or offer access to any benefits to employees with spouses or to spouses of employees?liQ.... 'nli] f-'......:.E.u l---l uo
B.
-"Eoes,,your
company provide or offer access to any benefits to employees with (same or opposite sex) domestic partners* or to
RFP 2015-r78-WG Poge 1 7
340
Please check all beneflis that apply to your answers above and list in the "othe/' section any additional benefits not already
specified. Note: some benefits are provided to emplcyees because they have a spouse or domestic partner, such as
bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Spouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
solely responsibte for assuriiig'@;l iii$X
lf additional confi irniition,addendum is required, submit under separate cover.
lf Proposer cannot offer a benefit to domestic partners because of reasons outsibb your control, (e.g., there are no insurance
providers in your area willing to offer domestic partner coverage) you may U-e!i 6inte foi Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submift completed.,Reasonable Measures Application
(attached) with all necessary documentation. Your Reasonable Measures*liplicatibn witt be reViefiOd.[or consideration by the City
Manager, or his designee. Approval is not guarantee_d and the City Mariiger'i decision is final. Furtherninformation on ine equit
person or affiliate who has been placed on the convicted venOor tisfiO{{!i.!=!.]pg q,pgnviition for a public entity irime may not submit
a proposal, proposal, or reply on a contract to provide any goods or"senit4s to a public entity; may not submit a proposal,
proposal, or reply on a contract with a public en!.iJy for the construction or i6@iFoJ a public building or public work; may not submit
proposals, proposals, or replies on leases of reat=Fr,orperty to a public entity; may not-be awarded or perform work as a contractor,
Acknowledgement.o{-'Ad.dendum. ffi!$suance of solicitation, the City may release one or more addendum to the solicitation
which may provide"' d"itio-.qal information'to Proposers or alter solicitation requirements. The City will strive to reach every
Proposer having receive'il',rSoticitation -thio-ugf the City's e-procurement system, PublicPurchase.com. However, Proposers are
supplier, subcontractor, or consultant under a conFact wi$ any public entity; an i}.,Hl1.Ilpt trapsact business with any pubtic entity
in excess of the threshold amount provided in s. 287.017,f0r CATEGORY fWO tdire,period of 36 months following the date oi
being placed on the convicted vendor list. ..;i+ f,i. "
_..qi .;
SUBMITTAL REQUIREMENT:-\g_additional submittal iSr.equireO=y tiffE"ai#6,jting this affidavit document, Proposer agrees
with the requirements of Seclion 287.13_3, Florida Statutes,,hnd certifies it has not been placed on convicted vendor list.
Benefits requirement is available at www.miamibeachfl.qov/procuremenU. ' li ,
10.Public Entity Crimes. Section 287.133(2)(a), Ftorida Statutes,
:;;;::,. i!i;:1,:::i:::::'::::::'
enact.d$;!las amended from tini"eiffime, states that a
11.
RFP 2015-178-WG Poge 1 8
341
ln its sole discretion, the City may withdraw the solicitaiion either before or after receiving proposals, may accept or reject proposals, and
may accept proposals which deviate from the solicitation;-as it deems appropriate and in its best interest. In its sole discretion; the Gity may
determine the qualifications and acceptability of any party or parties submitting Proposals in response tolhis solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details,-$fortbg,lron and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without lrmiidfion, ttiB applicant's affiliates, offlcers,
directors, shareholders, partners and employees, as requested by the City in its discretion .,,i1+=.
The information contained herein is provided solely for the convenience of prospective froposers. {ti,s fre responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does riii.trlprovide arifl$urances 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 recipients own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses.,-Fhe'solicitation is being provided by the C[g without any warranty
or representation, express or implied, as to its content, its accuracy, or itd completeness. No warranty or representatipn is made by the City
or its agents that any Proposal conforming to these requirements will be seleited for consideration, negotiation, or approvai.
The City shall have no obligation or liability with respect to this solicitation, the seleclion and the award process, or whbther any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the'prwisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be brund by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility at;ffig-lfsubmitting such Propoiat.
This solicitaiion is made subject to correction of errors, omissibn3, oi rylthlWgt from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement. i:..= '"r[fr,1:,ii[{lE
i,1,,,,,,,,,,-
'_.
The City and all Proposers will be bound only as, if and when a Proposal :(oi Proposals), as same may be modified, and the applicable
definitive agreements pertaining therelo,:,are approved and execu'ted by the parties,'and then only pursuant to the terms of the definitive
agreements executed among the parties Any response to this soliciiation may be acceirted or rejected by the City for any reason, or for no
reason, without any resultant liability to the CitV. ,1 sr'
The City is governed by the Citi-in-the-Sunshine LaW, and all Proposals and.-.s-qpporting documents shall be subject to disclosure as required
by such law. All Proposals shall be submitted in sealed proposal form artO' shall remain confldential to the extent permitted by Fiorida
Statutes, untilthe date and time selectedfor opening theresponses. At thattime, all documents received by the City shall become publicrecords. ,.;. : r..
Proposers ar ected to mifein Oisclosures 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
informgtioni& ined in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or invesiigation.
Each Proposei Certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge
information, and beliet. '
1
i.:t. 'i
Notwithstanding the fo@ing or anything iontained in the solicitation, allProposers agree that in the eventof a finalunappealable judgment
by a court of competent,|Urisdiction 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 il 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.
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.
RFP 20I5-I7B.WG Poge 1 9
342
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 proposai,
inclusive of the Proposal Certification, Questionnaire and Requlrements Affidavit are true and accurate.
Name of Proposeis Authorized Representailve:
Signature of Propose/s Authorized Representative:
State of On this _day of _, 20_, personally
appeared before me who
county of
-)
stated that (s)he is the
a corporation, and that the instrument was signed in behalf of
the said corporation by authority of its board of directors and acknowledged said
instrument to be its voluntary act and deed. Before me:
Notary Public for the State of
My Commission Expires:
of
RFP 20I5-I 7B-WG Poge 20
343
APPENDIX B
&ArAMr mffi&ffh$
"No.Bid"
':] . I :,:. it l,iir; a, Or5-l7B-VfG
INSTAETAI'I€N AND OPERATION OF
, .: i
AUTOMATED TELLER MACHINES (ATM)
'= AT VffiUUSblrY-owNED' PRGPERTT'tff AND FACILITIES
trri*,'
',j
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33'139
RFP 20r 5-r 62-WG Poge 21
344
Statement of No Bid
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR |ND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
-Unable
to meet service requirements
-Unable
to meet insurance requirements:
_Do not offer this producUservice
_OTHER (Please specify)
:ii:lrir:l'i ''':ti::::at::r: l:ii;,:
We do .i.ti6 not _1:want to be retaine.d on
of this.tyg-iiiproduct anCior service. :;
,,,;l, : -
Signature: ":,'..:1.,:.i11 .:,.:::::l. i.?,+:t+r,-,".. .,,,,
your mailing list for future proposals
irL =P
Notd.="1f,gilure to reSpond, either by submitting a proposal or this completed form,
may ie,S i.! y-o. company being removed from our vendors list.=t'..:
1g,,ilir'PLEASE RETURN'TO:
CITY OF MIAMT.BEACH
PROCUREMENT DEPARTMENT
ATTN: William Garviso
RFP PROPOSAL #2015-178-WG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
RFP-20I5-I7B-WG Poge 22
345
APPENDIX C
g iri\iAlt.4 i
.::1
Mffi AtrLJuL*muil I
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"".'r.'.',20.1t5-
l' 78-W G
: :l ::-::,:r 'j.,i s :.;::.
INSTATLATICN AND OPERATICN OF
AU-TOMATED IELLER MACHINES (ATM)
"'',',,,AT VflRIOUS CITY-OWN ED.PROPERTIES AND FACILITIES
PROCU REMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP-20I5-I 78-WG Poge 23
346
APPENDIX C
C1. Minimum Requirements. The minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed veriflable 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
Counties.
SUBMITTAL REQUIREMENT: Submit the business tax
Proposer's location which complies with this requirement.
2. Proposers shall have been awdrded at teast three (3) conkacts of similar scope and slze within the last
five (5) years. Simiiar si2e ahd acope mai include airports, state, county, municipalities etC.
SUBMITTAL REQUIREMENT: For each of the three (?J,pQriiie*contracts, submit::the name of the
awarding agency, agency contact person, address, telephbne number, email address, and s,,Um-mary of
scope of services provided.
",+i,
:-s.;,, i,,,.
==;-*il
1. ATM REQUIREMENTS \T:T...
Each ATM shall be compliant with Florida State Statute 655=,9-$g Each ATM must accept a
combination of credit and debit cardS.::The ATM.may be a basiGi'f, achine providing only
bank card ATM services but may alsoinclude suctlsewices as dep'dilf1o checking and savings;
withdrawalfrom checking and savings;-loan paymentsl transfers; and?ccount balance inquiries. lt
is also desired OV".lh_? City, that the madhines offer night and after-hours capabilities given that
some locations haVe,ivbe.kend or afterhouri use.- ,.. .i,,1.*,
.-q..,
*ffi\lr'\
receipt
*l.l
n,.nal license for the
. il : L: *i::e::f:)r-
gach ATMji$XIE]l provide access to other area bank ATM cardholders whose banks are part of local,
regiondf, n?iti{,frlland/or intemational networks. Each ATM shall offer, at a minimum, the capability
of processing such as: "Plus", "Cirrus", "Pulse", "Honod', "MAC',
, ln addition, each ATM shall offer, at a minimum,
from checking and/or savings accounts,account
:NYCE:,,
Visa and
racn nrut'iE-fuvide
transfers, and bafae inqt
r t,,',
The ATMs must be "attiactive, functional, and resistant to rough usage and vandalism.
AIMs'siAll have ,thd capability of being programmed in at least two (2) languages. The City
requiresEj._1glish,,ahd Spanish, however additional language capabilities are encouraged.
card
RFP 20I5-I7B-WG Poge 24
347
ATMs must have systems management capabilities for predicting, assisting, and reporting
maintenance, All ATMs shall be clearly marked with the ATM number, and have a 24-hour toll free
telephone number to call for inquiries, maintenance issues, complaints or customer service issues.
ATM machines may not be visible from the right of way.
ATM's should be located within enclosed areas, such as lobby entrance.
ATM's should be located against solid walls and away from any glass doo-rsbr storefront glass.
lttfl -\
ATM's should not be located within open terraces or verandas, o
.*=1!.$.E!.,i9,,.
n courtyards.
*',,,,,,,. i!.1.:=::::::.:r:s
ATM's should not obscure or block historic or architectura*f signiii8tfii+atures, finishes or
2. I:;r^-.E oF THE ATM MA.HTNES By THE crry
'"''
=l
"{
',
The ATM machines to be provided hereunder shallbe delivered to the City, and miinffined jn full
compliance with the specifications and requiremffi,.sel forth in lhe RFP and subsequet{t contract.
lf an ATM machine is determined to not meet the Sffications,Ehd,requirements of thd Contract,
either prior to acceptance or upon initial inspection, the:ATMwill be removed by the contractor.
The contractor shall provide a direct replacement for the non-compliant ATM. The contractor shall
not assess any charge(s) for any 6,!11,i
"rction
taken OV tnaffnder this clause.
..1i'ri.
Although the RFP and resulting contract identifibs,.spec$,-Q"'facilities be serviced, the contractor
will agree and understand that any City facility may be ai,ded l-glf.it contract at the sole option of
irl':: {
When requrd by the 0ii6ing structure of th$,.contract, contractor under their contract shall be
invited toiubmit price quolei for these additional-facilities. lf these quotes are detennined to be
fair and reai6nable, then the additional facility ,wilt Oe awarded to the contractor who offers the
highest revenueffireto the.e[ty.,b.as€d on a peftransaction basis.
,,,
4.,,:,i-''' DEIETIO"N EFACILITIE$ r
. 1,.:' Although i6ietlm,6rg iden{ifi$5==-q,pecif,c facilities to be serviced, the contractor will agree and
""". . understand tfrifffipity mai Uele*ervice for any facility when such service is no longer required
t'-'rr9*,nn the contrad{ffiod; upori.ftiurteen (14) calendar day's written notice to the contractor.
5. "iSUB$TITUTION OFj,ATM DURING TERM OF CONTRACT
Sffi*p brands $l,moOets may be considered during the contract period for discontinued or
Oefeiti-ilEff,. maged-models. The bidder shall not deliver any substitute ATM as a replacement for a
OranO oit#tdeiwitnout express written consent of the City. Substitute ATMs must be of equal or
better quali$Ihan the original equipment.
6. SERVICES
The contractor shall, at its sole cost and expense, install, operate, and maintain the ATM machines
at City approved locations in the facilities described herein. The City will cause all necessary utility
lines and services to be brought to the premises to facilitate the installations.
The ATMs shall be installed in a manner compatible with the existing electrical, mechanical, and
structural design of the premises.
RFP 2015-t 78-WG Poge 25
348
ATM services shall be provided with consideration regarding the regular scheduled opening and
closing of the buildings. ATM services shall be available 24 hours per day, 7 days per week,
including holidays.
The contractor shall regularly service each ATM so that it will at all times be properly stocked,
cleaned, and in condition for use.
The contractor shall keep the ATM locations in good order and r.pa.iti. *rnall not allow the
accumulation of waste in the areas. ", i 'Y\
,.
The contractor shall repair any holes in the walls and flooring,:ii6!fi ., 'f1om the installation or
removal of the ATM machines. ,t '
,,, - ,' Wiulr
The contractor shall provide a twenty-four (24) hour response'time tor maifriii"e:,qepairs and/or
il=..
The contractor shall be responsible for any ieCuiity servicesrin,"addition to those"iusiomarily
provided at the building, and will be liable for any amount and damalje to equipment installed and
. '-:#o
The awarded contractor shall pay foithe telephone services aiioiiated with the ATMs.
7.
'i:::.'.11,:::i::J.
MANAGEMENT AGENT/EMPLOYEEg ==
The Vendor shall appoint a main point',:i con
operations and consult with the City on cunent
any contents of the ATM machines.
who wilthutinely review and inspect
i
Alt=e-nrp-loyees of thE ndor must be able to pass a background check performed by the City of
ru i a mi'BJ$ P 9! LQaDe R a rtm e nt
REPORTIN'G.REQUIREMENTS
The contrdctor shall keep detailed monthly records on the number of total viable transactions and
foreign transactions separately for each ATM machine to determine commissions payable to the
City.
The contractor shall provide detailed records on the monthly transactions per machine and submit
such reports to the City's Contract Administrator, no later than the fifteenth (15tn) of each month for
the preceding reporting period.
8.
.,::::::::i:::::=.lli il,, l:t;.':::i::
The Vendo/s ageni ihtffi thoroughly faniilier with all aspeCis of the contract and shall have full
authority on the Vendor'sl#Ialf in any and alt rnatters pertaining to the contract.
't.i; BsX r::
"*6.!';.?.s* ir'' u5.,*"
All Vendors' e'*i$.b,,,ypes m*st present a neat an'ilttlean appearance while performing under thisconlract .*.1*-, t
,',r,; ., ,, ,
The Vendor= tneii'r4$ployees and/or agents shall park motor vehicles only in a place(s)
desionateri.dilif roviiii trr6pcontract administrator.
The Vendor shatftisolay sign|$e in a conspicuous location at each ATM naming the business
wh-ich provides the'A,TM servides and contact information for complaints, questions or concerns.
RFP 2015-t 78-WG Poge 26
349
9.
10.
The Vendor is required to provide as part of their response to this RFP the repod format that will be
used to document monthly revenue. The ideal report will itemize activity on a per location basis
detailing period of report, location, weekly and year-to date revenue.
The report shall be ananged that the total revenue and commission due is clearly indicated. The
City of Miami Beach makes no warranty, either expressed or implied, of the potential sales to be
realized from this contract.
,,,,.:,,ii1,t
,,,t,
-
MINIMUM GUARANTEE (MG) .,,,rrirji!,,=
ln consideration of the City executing a concession agreement and gianJipg the rights provided in
the agreement, the successful contractor shall guarantee and:,pay to the',0t-B,,an annual minimum
PERCENTAGE OF GROSS (PG) -F
'-a'
.
During the initial term and any approved reneEaf , the suceessful contractor shail pay the City
a percentage of its gross receipts. During anftdft.l$,f; e conce'-S:bn agreement, if thetffiOunt of
the annual PG is greater than the annual MG, theiirytfi,Ellgc=e$fiiijrpposer shall pay to the City
the difference between the PG amount and the MG amdtipt$ the event that the City chooses to
extend the term of the concession agreement for any rdfi'e al.term(s), the renewal term(s) MG
'J J:
^-
i ;^- il : ::ilu1ft..'
between'n''* *$,ll:::*'' co ntracto r
The Vendor shall include in their profi'osal a tiansaction fee to be:a'lsessed per transaction to
customer. This amount will not include any additional .f€es charged by customer's financial
institution. Howev,er,the,..contractor shall disclose to the City the transaction fee charges and/or
s u rc h a rg es |.,-e,$EA 5$'.ffi e rs a n d n o n -cdffi o I d e rs.
..='::i:riiin
The montnly'llat rate teesft due and payable in advance on the first (1't) day of each month.
Foreign traniaCtionfee payinents are to be remitted io the City on a monthly basis.t,rr ,.., : l
1Fo.i.e!L tqq4saction'-fE?Ee,arned in"one.rno;rth shall be remitted no later than the fifteenth (15tn) of
ihe-ne*n'6[!'.!1..qr the nE ?;F iness day if the 1Sth falls on a weekend or holiday.
i,. ,l
PERFORMANCE' BOND OR ATTERNATE SECURITY
The successful Contrictor shalliiurnish the City with a security deposit, as agreed to by the City.
Said security shall se'rve to secure the successful contracto/s performance in accordance with the
provisions of the concession agreement. ln the event the successful proposer fails to perform in
accordance with said provisions, the City may retain said security, as well as pursue any and all
other lega! remedies provided in the concession agreement, or as may be provided by applicable
law. rt,.:',
11.
12.
RFP 20r 5-178-WG Poge 27
350
13.ATM LOCATIONS
All locations will have at least one (1) machine. For any historic properties (identified with an
asterisks (.) below), a Certificate of Appropriateness will be required to be obtained by the
successful contractor.
1. SCOTT RAKOW YOUTH CENTER AND ICE RINK (2 ATMS)
2700 Sheridan Avenue
b.
2
3.
4.
6,
7,
o
'-t
, ,'
=t':r:
10:.
l.:":Ilr,u1,::+r
a:r.-4,1!::
.::::.!ta
ltiEQt (
fE&L.f
11. MIAMI BEACH GOLF CLUB
12.
2301 Alton Road
(ln the main entrance hallway next to ADA computer.)
NORMANDY SHORES GOLF CLUB
2401 Biarrit Drive
(lnside the pro shop left of the counter.)
42nd STREET PARKING GARAGE .Sl;
N CENTER (4 ATMs
Center Drive
to be coordinated between successful proposer and the City)
RFP 2015-r 78-WG Poge 28
351
15 CIry HALL
1700 Convention Center Drive
(Ground Floor Lobby)
16, COLONY THEATHER
1040 Lincoln Road
(Exact location to be coordinated between successful proposer and the City)
diliib,J ,!Yltiri$\\iljr::
dffill".-
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Poge 29RFP 20] 5-I7B.WG
352
APPENDIX D
ffiIA&AI BTACh{
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,.,i1$t'*
I i!9
Speciol.ons
2015-t 7B-WG,
.,, ,. - ,. ,,i . ,,
rNsTA##ATrffiN AND OPERATTON OF
AUTOMftUP iilLEB MACHTNES (ATM)
',' "','.'1, VWHCBS*C Iry-ow N E D, ., " ,IE,&,'. PR' PER\.$IiFS AND FACILITIES
I l:i''j
"i':':"::':=' ''lr'
"'"i ",,.., pRocuREMENT DEPARTMENTI , ..,,,,'i' ''T,3i?;:::?1ffil:'.?i:;
RFP 20r 5-r /8-WG Poge 30
353
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 at the City's sole discretion. The successful
contractor shall maintain, for the entirety of any renewal period, the same revenue share,
terms, and conditions included within the originally awarded contract, Continuation of the
contract beyond the initial period, and any option subsequentlyti:,Bxercised, is a City
prerogative, and not a right of the successful contractor.
+ ,:,'ii.i."" ,
:."
ADDITIONAL SERVICES. Services not specifically identified,lf,fli,r$is request may be
added to, or deleted from, any resultant contract upon s'U&essfut negoliations and mutual
consent of the contracting parties, and approval by the City Manager ''-u\111
PROTECTION OF PROPERTY. The Successful Contractor will at all times guard against
damage to or loss of property belonging tg ffi Qity of Miami Beach. lt is the reiponsibitity
of the Successful Contractor to replace or repair any property lost or damaged by of its
employees. The City of Miami Beach may withhold payment or make such deductions as
it might deem necessary to ens.ure reimbursement foi loss or damage to property through
negligence of the Successful Contractor, its employees or agents,
LICENSES, PERMITS AND FEE$jl$ilE'i.t**runtor shalt ffirno pay for all licenses,
permits and inspection fees requiid for tffi$pblect and shall comply with all laws,
ordinances, regulations and building c".Ade iequirements applicable to the work
contemplated heiein related to the instdliation anO proper functioning of the ATM
machines. .-Damages, penalties and oi tines imposed on the City or the contractor for
failure to obtain required licenses, permits or fines shall be borne by the contractor.',: ,
EXAMNIATION,OF,SITE.BECOMNIENDED, Prior to submitting its offer it is advisable that the
.,ven$gq,,,v,'1 t tne sffi,tni fifiopd;dl
k.and become familiar i,itn ,ny conditions which may in
.'any:mqnnnnaffect thdgrk to be done'oi"affect the equipment, materials and or labor required.
The vendoi.iS.' adviseid to examine carefully the specifications and become thoroughly aware
regarding ani'=a*6all conditions and requirements that may in any manner affect the work to be
. performed undei,=;1!,ft contract. No additional allowances will be made because of lack of
knowledqe of these bonditions." ;, l.l
,1ti;6f srnnloN'dF EeutpMENT MAy BE REeutRED DURTNG EVALUATIoN. After receipt
of dff--d by the. , the vendors may be required to demonstrate their specifically offered
equipm'Ent:,tooqgnizant City personnel, at no additional cost. The purpose of this demonstration is
to observe='tffiquipment in an operational environment and to verify its capability, suitability and
adaptabili '!=ih conjunction with performance requirements stipulated in this solicitation. lf a
demonstration ls required, the City will notify the vendor of such in writing and will specify the date
and time and location of the demonstration. The City shall be the sole judge of the acceptability of
the equipment in conformance with the specifications and its decision shall be final.
The Equipment used for the demonstration shall be the same manufactures model identified in the
vendors offer, Accordingly, the equipment used in the demonstration shall create an expressed
warranty that the actual equipment to be provided during the contract period shall conform to the
4.
5.
7.
RFP 2015-t 78-WG Poge 31
354
equipment used in the demonstration.
..::::::::+"
..:::::::::::.:::::::l= ari.
r'rt r.;iirilr::ri:,rrl
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RFP 20r 5-.r78-WG Poge 32
355
APPENDIX E
Revenue Pr;W Fo;
.'a,
$drA&AtmffiAtru
.17B.WG
r,.,*rropfi Xs; oPEnnroN oF
A uTCMhL_-E=p J;E=l,., Mnc H I N ES (ATM ),'''"AT vARlOUS%lTY-owNEDW,' . PR@PERryffi AND FACILITIES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 2015-r 78-WG Poge 33
356
APPENDIX E
REVENUE 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
** The Total shall be utilized to all.ogat-q, Cost Points in
RFP 20.l5-r 78-WG Poge 34
357
APPENDIX F
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InSUfOnCe *R U^ffi,ti entS
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IN*S L[A;_E:[€N=ffiD OPERATION OF
'!:,:::::: .1
AUTOMNEE;TL"LER MAC H I N ES (ATM)
AT-VANIffiUS CITY-OWNED
"'
,PROPERTIES AND FACILITIES.,;:.,:=. .-:
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 2015-r 78-WG Poge 35
358
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:
.R
":AAIAMI Mffi&trN
Worker's Compensation lnsurance for all employees of the vendor a,g,gequired by Florida
.:rl.,ii:::::=
,:::4.!iir' -i:IBStatute 440.
,,:r,
Commercial General Liability Insurance on a comprehensiy€ibftig, including Personal
lnjury Liability, Products/Completed Operations, and Contractual Liability in an amount not
less than $1,000,000 combined single limit per occurrqnie for bodilyiniqry and property
Automobile Liability lnsurance covering all ow,,n€
connection with the work, in an amount not le'ss tl
"tt ,.
"::.:lir" i:i::-
'\ i':$;:.
hired vehidleSr.used in
A.
B.
damage. Gity of Miami Beach must be shown as afi::irdri,,aoiitional in3iiLa with respect
to this coverage.
C.and
combined singl6:.liinit per
occurrence for bodily injury and property damage.
A waiver of subrogation must be included for the insurance rffi5"ed above. All insurance policies
required above shall be issued by compani€*gthorized to do bu$ii,l,ffip under the laws of the State of
Florida, with the following qualifications: ,:ii .,,..,.,.,=,, -*rqff,?*M.
':ll" '''{zl rit:.. ill;,'
The company must be rated no less thah::,:.,,,1A" as-i'dtijanagemep$and no less than "Class
Vll" as to financial strg,ng...!|1. by the latest'editio-n'bf Be5fs lnsurance Guide, published by
A.M. Best Compan66rQ.lSffi$.lg1.,lew Jersey, or its equivalent,'subject to the approval of the
City Risk Manage-rr.,fidht DiVfSiSft; 'ijr' .B
";_='{ ,, .:,,.1...._.
The compq4y:iJl!-ust hotd{ji1lllifiFlo?.id.5,.1llqgEt}fj te of Authority as shown in the latest "List
of A1l;lhSEiaiiffip.o,,,ppanlES.,Authorized oi Approved to Do Business in Florida" issued by
the$iate of Florida Departmentpf lnsurance and are members of the Florida GuarantyI-und. '".{*
"s
Certificate#it!.indicate no ,Ofurtiond?change in insurance shall be made without thirty (30) days in
advance noticet the certificate,,'h'older.
t:t
CERTIFICATE HOI.DER MUST READ:*i,ttil.]'....+,=,.
CITY OF MIAI'III 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 2015-178-WG Poge 36
359
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 PERTAININGTO
THE RANKING OF PROPOSALS, PURSUANT TO TNVTTATTON TO NEGOTTATE (lTN) NO.
2015-O9O.JR FOR FACILITIES MAINTENANCE SERVICES FOR THE PROPERTY
MANAGEMENT DIVISION.
!ntended Outcome
Data Environmental Scan. etc: N/A
Item Summary/Recommendation :
The City is seeking qualified contractors forthe provision of facilities maintenance services, which
shall include be: general repairs, plumbing, carpentry, HVAC, minor construction (projects less
than $50,000, unless approved by the City Commission), flooring, painting, waterproofing, etc. The
Contractors must provide management, supervision, labor, materials, equipment, shop or
construction drawings (if applicable) and supplies and shall be responsible for the efficient,
effective, economical, and satisfactory operation, scheduled and unscheduled maintenance and
repairs for the assigned facilities.
On January 14, 2015, the City Commission approved the issuance of the subject lnvitation to
Negotiate (lTN). On January 21,2015, the ITN was issued with an opening date of February 26,
2015. A pre-proposal conference to provide information to the proposers submitting a response
was held on February 9, 2015. The City received two (2) proposals from Delcons, lnc. and
Halcyon Builders, lnc.
On March 19,2015, the City Managerappointed, via Letterto Commission (LTC) No. 117-2015, an
Evaluation Committee (the Committee), which convened on April 2,2015, to considerthe received
proposals. The Committee was instructed to score and rank the proposals 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 proposals received,
the City Manager recommends that the Mayor and the City Commission, pursuant to lnvitation To
Negotiation (lTN) No. 2015-090-JR, for Property Management Seryices, authorize the
Administration to enter into negotiations with both Delcons, lnc., and Halcyon Builders, lnc., and
further authorize the City Manager to execute an Agreement upon conclusion of successful
negotiations by the Administration.
RECOMMENDATION
ADOPT THE RESOLUTION.
Board Recommendation:
Financial !nformation :
Source of
Funds:
OBPI
Amount Account
1
Total The annual cost associated with the procurement of facilities
maintenance services is subject to funds availability approved through
the Citv's budoetinq process.
Financia! lmpact Summary:
Clerk's Office
Alex Denis, Extension 6641
AGENDA }TEM CA/1/* IIAIAMIBEACH aaTE 16'/{360
g MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www.miamibeachfl.gov
COM ION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manager
DATE: May6,2015
SUBJECT: A RESOLUTION OF THE
OF MIAMI BEACH, FLORIDA, AGCEPTING THE RECOMMENDATION OF
THE CITY MANAGER PERTAINTNG TO THE RANKING OF PROPOSALS,
puRsuANT TO tNVtTATtON TO NEGOTTATE (lTN) NO. 201s-090-JR FOR
FACILITIES MAINTENANCE SERVIGES FOR THE PROPERry
MANAGEMENT DIVISION.
FUNDING
The annual cost associated with the procurement of facilities maintenance services is subject
to funds availability approved through the City's budgeting process.
BACKGROUND
The City is seeking qualified contractors for the provision of facilities maintenance services,
which shall include be: general repairs, plumbing, carpentry, HVAC, minor construction
(projects less than $50,000, unless approved by the City Commission), flooring, painting,
waterproofing, etc.
The Contractor must provide management, supervision, labor, materials, equipment, shop or
construction drawings (if applicable) and supplies and shall be responsible for the efficient,
effective, economical, and satisfactory operation, scheduled and unscheduled maintenance
and repairs for the assigned facilities.
RFP PROCESS
On January 14,2015, the City Commission approved the issuance of the subject lnvitation to
Negotiate (lTN). On January 21, 2015, the ITN was issued with an opening date of February
26, 2015. A pre-proposal conference to provide information to the proposers submitting a
response was held on February 9,2015. The City received two (2) proposals from Delcons,
lnc. and Halcyon Builders, lnc.
On March 19,2015, the City Managerappointed, via Letterto Commission (LTC) No. 117-
2015, an Evaluation Committee (the "Committee") consisting of the following individuals:o Ramon Duarte, Superintendent, Property Management, City of Miami Beacho Oniel Toledo, Construction Manager, Property Management, City of Miami Beacho Elizabeth Valera, Deputy Director, Parks and Recreation Department, City of Miami
Beach
The following alternates were also appointed:o Mark Morgan, Maintenance Management Coordinator, Property Management, City of
Miami Beach. Carlos Da Cruz, Office Associate V, Parks and Recreation Department, City of Miami
Beach
OR AND CITY COMMISSION OF THE CITY
361
Commission Memorandum - ITN 2015-090-JR for Property Maintenance Servlces
May 6,2015
Page 2
The Committee convened on April 2, 2015, to consider the proposals 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 Griteria
25 Proooser Exoerience and Qualifications. includinq Financial Capability
25 Scope of Services Proposed
25 Aooroach and Methodoloov
25 Cost Prooosal
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, none of the proposers were eligible for
Veteran's preference.
The evaluatio resulted in the followino rankino of ls.n orocess resutleo tn SA
ITN 2015-090-JR for Property
Management Services
troof
F(E
.EJ
n!, o
o)C
=Cot
GooIo=EOoo
o)c
=cot
o!tg
o
o.E
o
C,)C
=Cot
Delcons. lnc.90 1 70 2 90 1
Halcvon Builders, lnc.69.67 2 72.67 1 89.67 2
The ITN will allow the Property Management Division to assign work to the contractors on a
time and material basis or on a lump sum basis depending on the project and the best interest
of the City. Final fees will be negotiated with each contractor.
CITY MANAGER'S REVIEW & RECOMMENDATION
The City Manager has reviewed the proposals received, pursuant to ITN 2015-090-JR for
Property Maintenance Services, and the results of the Evaluation Committee process, and
recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
authorize the Administration to enter into negotiations with both Delcons, lnc., and Halcyon
Builders, 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 lnvitation to Negotiate (lTN) No. 2015-090-JR for Property Management Services.
JLM/MT/EC/AD
T:\AGENDA\201S\May\PROCUREMENT\ITN 2015-090-JR Property Management Services - Memo.doc
362
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECITY OF MIAM! BEACH, FLORIDA, AGCEPTING THE
RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE
RANKING OF PROPOSALS, PURSUANT TO INVITATION TO
NEGOTIATE (rTN) NO. 2015-090-JR FOR FACTLTTTES MATNTENANCE
SERVICES FOR THE PROPERTY MANAGEMENT DIVISION.
WHEREAS, lnvitation to Negotiate No. 2015-090-JR (the ITN) was issued on January
21,2015, with an opening date of February 26,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on February 9,2015; and
WHEREAS, the City received two (2) proposals; and
WHEREAS, on March 29,2015, the City Manager via Letter to Commission (LTC) No.
117-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:
. Ramon Duarte, Superintendent, Property Management, City of Miami Beach. Oniel Toledo, Construction Manager, Property Management, City of Miami Beach. Elizabeth Valera, Deputy Director, Parks and Recreation Department, City of Miami
Beach
The following alternates were also appointed:
. Mark Morgan, Maintenance Management Coordinator, Property Management, City of
Miami Beach. Carlos Da Cruz, Office Associate V, Parks and Recreation 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 proposals pursuant to
the evaluation criteria established in the ITN; and
WHEREAS, ln evaluating the proposals received it has been determined that both
proposers submitted proposals that meet all terms, conditions, and specifications of the ITN and
therefore are considered as "pre-qualified" to quote for future work as the need may arise; and
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 Delcons, lnc. and Halcyons Builders,
lnc.
363
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE GITY 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. 2015-090-JR for Property Maintenance
Services; authorize the Administration to enter into negotiations with Delcons, lnc. and Halcyon
Builders, 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 _ day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
M+;?r-:5
T:\AGENDA\201S\May\PROCUREMENT\lTN 20"15-090-JR Property Management Services - Reso.doc
364
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365
COMMISSION ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, PURSUANT TO SECTION 2-367 (d) OF THE MtAMt BEACH CITY CODE,
PURCHASE OF FORMS + SURFAGES, LIGHT FIXTURES, BOLLARDS, POLES, AND ALL
REPLACEMENT PARTS FROM FORMS + SURFACES, THE SOLE SOURCE MANUFACTURER
AND DISTRIBUTOR FOR THE STATE OF FLORIDA.
Build And Maintain lnfrastructure With Full Accountability
Data (Survevs. Environmental etc.):
Item Sum mary/Recommendation :
ln June of 2007, the City issued a bid for the construction of the North Beach Recreational Corridor
Phase 1, 2 and 3. The construction of the North Beach Recreational Corridor work included the
construction of an on-grade concrete pedestrian walkway encompassing fifteen (15) city blocks, as
well as path lighting designed to meet marine turtle testing requirements of the Department of
Environmental Protection (DEP). Specifically, the design, permitting and construction included Forms
+ Surfaces lighting bollards, pole and fixtures. These items are only available directly from the
manufacturer and, as a result, are considered sole source purchases. Since then the Forms +
Surfaces lighting bollards, poles and fixtures have been installed in other areas of the City, including
Dade Blvd.
Recently, the Procurement Department received a request from the Public Works Department to
procure additional bollard light fixtures and light poles with fixtures and replacement parts for existing
fixtures located at various locations as indicated above.
Forms + Surfaces has again notified the City that it's brand of products, consisting of lighting poles,
bollards, fixtures and all replacement parts are only available from Forms + Surfaces, the
manufacturer and sole authorized distributor.
Notwithstanding the notification from Forms + Surfaces, and as a matter of due diligence, the
Procurement Department released an lntent to Sole Source (lTS) on March 16, 2015 to notify
prospective bidders of: 1) the City's intention to seek the required good and services from the
manufacturer; and 2) to allow bidders to challenge the City's sole source purchase. No responses
were received to the lTS.
The Administration recommends that the Mayor and City Commission of the City of Miami beach,
Florida, approve, pursuant to Section 2-367 (d) of the Miami Beach City Code, the City Manager's
recommendation to purchase lighting poles, bollards, fixtures and all replacement parts from Forms +
the sole authorized dealer of Forms + Surfaces brand liohtino s S.
Board Recommendation:
Financial lnformation:
Source of
Funds:
Amount Account
1 $100,000.00 365-2765-000674
2
3
Total
Financial lmpact Summary:
T:\AGENDA\201S\May\PROCUREMENT\ITS 2015-125-MT Forms and Surfaces Commission I
c-7 0f-6-t{Agenda ltem
Date366
i-.t '{\.' :1
City of Miomi Beach, I200 Convention Cenier Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Phillip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
f the City
MIAMI BEACH, FLORIDA, APPROVING, PURSUANT TO SECTTON 2-367 (d) OF THE MIAM!
BEACH CITY CODE, PURCHASE OF FORMS + SURFACES, LIGHT FIXTURES, BOLLARDS,
POLES, AND ALL REPLACEMENT PARTS FROM FORMS + SURFACES, THE SOLE
SOURCE MANUFACTURER AND DISTRIBUTOR FOR THE STATE OF FLORIDA.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure With Full Accountability.
FUNDING
Accou nt Code: 365-2765-0 0067 4, Amou nt: $ 1 00,000. 00
BACKGROUND/ANALYSIS
ln June of 2007, the City issued a bid for the construction of the North Beach Recreational
Corridor Phase 1, 2 and 3. The construction of the North Beach Recreational Corridor work
included the construction of an on-grade concrete pedestrian walkway encompassing fifteen
(15) city blocks, as well as path lighting designed to meet marine turtle testing requirements of
the Department of Environmental Protection (DEP). Specifically, the design, permitting and
construction included Forms + Surfaces lighting bollards, pole and fixtures. These items are
only available directly from the manufacturer and, as a result, are considered sole source
purchases. Since then the Forms + Surfaces lighting bollards, poles and fixtures have been
installed in other areas of the City, including Dade Blvd.
Recently, the Procurement Department received a request from the Public Works Department to
procure additional bollard light fixtures and light poles with fixtures and replacement parts for
existing fixtures located at various locations as indicated above.
Forms + Surfaces has again notified the City that it's brand of products, consisting of lighting
poles, bollards, fixtures and all replacement parts are only available from Forms + Surfaces, the
manufacturer and sole authorized distributor.
Notwithstanding the notification from Forms + Surfaces, and as a matter of due diligence, the
367
Procurement Department released an lntent to Sole Source (lTS) on March 16, 2015 to notify
prospective bidders of: 1) the City's intention to seek the required good and services from the
manufacturer; and 2) to allow bidders to challenge the City's sole source purchase. No
responses were received to the lTS.
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
beach, Florida, approve, pursuant to Section 2-367(d) of the Miami Beach City Code, the City
Manager's recommendation to purchase lighting poles, bollards, fixtures and all replacement
parts from Forms + Surfaces, the sole authorized dealer of Forms + Surfaces brand lighting
systems.
JLM/MT/EC/AD
T:\AGENDA\201S\May\PROCUREMENT\C|Iy of Miami Beach Memo Forms Surfaces Sole Source ITS 2015-12s-MT.docx
368
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MtAMt BEACH, FLORIDA, APPROVING, PURSUANT TO SECTION 2-367 (d)
OF THE MIAMI BEACH CITY CODE, PURCHASE OF FORMS + SURFACES,
LIGHT FIXTURES, BOLLARDS, POLES, AND ALL REPLACEMENT PARTS
FROM FORMS + SURFACES, THE SOLE SOURCE MANUFACTURER AND
DISTRIBUTOR FOR THE STATE OF FLORIDA.
WHEREAS, pursuant to Section 2-367 (d) of the Miami Beach Code, the City
Commission, may enter into contracts for goods and /or services where only one source for the
products or service is evident; and
WHEREAS, in June of 2007, the City issued a bid for the construction of the North
Beach Recreational Corridor Phase 1, 2 and 3; and
WHEREAS, the construction of the North Beach Recreational Corridor work included the
construction of an on-grade concrete pedestrian walkway encompassing fifteen (15) city blocks,
as well as path lighting designed to meet marine turtle testing requirements of the Department
of Environmental Protection (DEP); and
WHEREAS, specifically, the design, permitting and construction included Forms +
Surfaces lighting bollards, pole and fixtures; and
WHEREAS, these items are only available directly from the manufacturer and, as a
result, are considered sole source purchases. Since then the Forms + Surfaces lighting
bollards, poles and fixtures have been installed in other areas of the City, including Dade Blvd.;
and
WHEREAS, recently, the Procurement Department received a request from the Public
Works Department to procure additional bollard light fixtures and light poles with fixtures and
replacement parts for existing fixtures located at various locations as indicated above. the
purchase of Forms + Surfaces brand products, consisting of light fixtures, bollards, poles and
replacements parts is available from Forms + Surfaces, the manufacturer and sole authorized
State of Florida distributor; and
WHEREAS, Forms + Surfaces has, again notified the City that its brand of products,
consisting of lighting poles, bollards, fixtures and all replacement parts are only available from
Forms + Surfaces, the manufacturer and sole authorized distributor. the Procurement Director
has determined that Forms + Surfaces, is the sole source and only authorized distributor for the
State of Florida of Forms + Surfaces brand products.
369
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, purchase of Forms + Surfaces, light fixtures, bollards, poles and
replacements parts from Forms + Surfaces, the sole source, manufacturer and distributor for the
State of Florida.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk
City Attorney Date
T:\AGENDA\201 S\May\PROCUREMENT\lTS 201 5-125-Mr RESO.docx
201s.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
,- & FOR EXECUTIONMrs('5\-/ CityAttorney Dote
370
FOHffiJIS+SUHFACES-
January 8th,2015
George Corchado
City of Miami Beach - Public Works Department
451 Dade Blvd.
Miami Beach, Florida 33139
RE: TRIADA BOLLARD WITH HO AMBER LED LAMP
Please note that Forms and Surfaces, Inc. (F+S) is the sole manufacturer of
the Triada Bollard, Sales of this item are made directly from F+S, and are
not specifically sold through dealers or distributors.
The Triada Bollard is a durable exterior light bollard constructed of
rustproof cast aluminum. It is ETL listed for wet locations. The Triada
Bollard utilizes a news specifically designed high output (Ho) Amber LED
for turtle habitat areas. Along with a louvered head, the Triada can
incorporate 180-270 degree shields for light direction.
The Triada Bollard is manufactured to exacting standards and is a long-term
solution for pedestrian parks and walkways.
If we can provide any additional information, please do not hesitate to
contact me at ed.p elaez@forms-surfaces. com (3 0 5 .5 62.56 5 3 ).
Sincerely,
Ed Pelaez
Territory Manager - Miami, FL.
Forms and Surfaces, Inc.
371
b AAIAMIBEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
PROCUREMENT DEPARTMENT
Iel 305-673-7490 , Fox '786]1394-4075
Date:
To:
FROM:
March 16,2015
ALL INTERESTED PARTIES
Martha L. Torres
Procurement Coordinator
marthatorres@m iam ibeachfl. qov
Subiect: lntent to Award Pursuant to Sole Source Exemption. (lTS 2015-125-MT)
This notice is released pursuant to Section 2-367 (d) of the Miami Beach City Code. The
purpose of this notice is to notify interested parties that pursuant to Section 2-367(d), of the
Miami Beach City Code, intends to make a non-competitive award for the goods or services, as
stated below.
Goods or servaces required:
The City of Miami Beach Public Works Department is requesting the purchase of Triada Bollard
Lights LED, from Forms + Surfaces.
Supplier to be awarded: Forms + Surfaces
Reason for Sole Source:Forms + Surfaces, is the sole manufacturer of the Triada Bollard
LED Lights brand products.
Estimated value of award: $60,000.00
THIS NOTICE lS NOT A REQUEST FOR COMPETITIVE OFFERS. However, any firm that
believes it can meet the requirements stated herein may give written notification to the
contracting officer stated above within 7 calendar days from the date of this notice. Supporting
evidence must be furnished in sufficient detail to demonstrate the ability to comply with the
requirement(s) listed. Responses are due on or before March 23. 2015. A determination by the
City of Miami Beach not to compete this proposed contract based on responses to this notice is
solely within the discretion of the City of Miami Beach.
372
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373
C7 - Resolutions
C7P A Resolution Accepting The Recommendation Of The City Manager Pertaining To The
Ranking Of Proposals Pursuant To Request For Qualifications (RFQ) No. 2014-346-YG,
For Professional Architectural And Engineering Services ln Specialized Categories On
An As-Needed-Basis.
(Procurement)
(!tem to be Submitted in Supplemental)
Agenda ltem C-1Po^t"@374
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375
R5
ORDINANGES
376
COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider Future Land Use Map (FLUM) and Zoning Map amendments from RM-1
to CD-1 for the block located along the southern boundary of 1Sth Street between Lenox Ave and
Lenox Court.
AGEIIDA '"*' R5'A
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmentalscan, etc 48% of residential respondents and 55% oT
businesses rate the effort out forth bv the Citv to
Item S ummary/Recommendation :
SECOND 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, lhe Land Use and Development Committee recommended in favor of the
proposal.
On April 15,2015, the City Commission approved the subject Ordinances at First Reading.
The Administration recommends that the City Commission 1) adopt the Future Land Use Map
amendment: and 2 the Zoninq Map amendment.
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
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
budget.
Thomas Mooney
T:\AGENDA\2015\May\1100 1sth Street FLUM and Zoning - 2nd Reading
MIAMIBEACH saTE s-b4{377
MIAMIBEACH
Cify of ,niomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY
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 163.3{87, 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 10 ACRES, FROM THE CURRENT "LOW DENSITY
MULTIFAMILY RESIDENTIAL GATEGORY (RM.1)," TO THE FUTURE LAND
USE CATEGORY OF "LOW INTENSITY COMMERCIAL CATEGORY (CD.1li" PROVIDING FOR INCLUSION tN THE COMPREHENSTVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF MIAMI BEAGH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRIGT MAP, REFERENCED IN SECTION 142.72 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SEGTTON 118.162,,.PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE
ZONING DISTRICT CLASSIFICATTON FOR A PARCEL OF LAND LOGATED
AT 11OO 15TH STREET, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT RM.1, "RESIDENTIAL MULTIFAMILY LOW
INTENSITY DISTRICT," TO CD-l, ,,COMMERCIAL, LOW INTENSITY
DISTRICT;" PROVIDING FOR CODIFICATION, REPEALER, SEVERABILtry
AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION :
The Administration recommends that the City Commission 1) adopt the Future Land Use
Map amendment; and 2) adopt the Zoning Map amendment.
BACKGROUND
On October 29, 2014, at the request of Commissioner Joy Malakoff, the City
Mayor Philip Levine and Members the City
Jimmy L. Morales, City Manager
May 6, 2015
1100 15th Street - Future Land
Map Amendment
READING - PUBLIC HEARING
Map (FLUM) Amendment and Zoning
378
Commission Memorandum
1100 1sth Sfreef - Future Land use Map (FLUM) Amendment and zoning Map Amendment
May 6,2015 Page 2 of I
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 1Sth 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 15th 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 buitding 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.
City Charter 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 ff exisfs on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by viftue of development agreements through the futt 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 limitation on the subject parcels, which are currently
zoned RM-1 (Residential Multifamily Low lntensity District), the following applies:
379
Commission Memorandum
1 100 1sth Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
May 6, 2015 Page 3 of I
Sec. 142-155. - Development regulations and area requirements.
(a) The development regulations in the RM-1 residential multifamily, low 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-1 commercial, low intensity district are
as follows:
Maximum 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 up{o-date copy of the
City's Comprehensive Plan. The amendment is effective 31 days after it is adopted if
there are no appeals.
lnterlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
380
Commission Memorandum
1 100 1 5th slreet - Future Land use Map (FLUM) Amendment and Zoning Map Amendment
May 6, 2015 Pase 4 ot 8
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.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as 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.
On April 15, 2015, the City Commission approved the subject Ordinances at First
Reading.
CONCLUSION
The Administration recommends that the City Commission:
1. Adopt the Future Land Use Map amendment.
2. Adopt the Zoning Map amendment.
rffilnRMlRAM
T:\AGENDA\2015!{pril\'1100 15th Street FLUM and Zoning - 1st Reading MEM.docx
381
Commission Memorandum
1100 1sth Streef - Future Land use Map (FLUM) Amendment and Zoning Map Amendment
May 6,2015
382
Commission Memorandum
1100 1sth Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
May 6, 2015 Page 6 of I
City d Miami Beach Planning Board
File Nos. 2237 &2238
1100 1Sth street
t777,1 The applcant, BellSouth Telecommunications LLC, d/tr/a AT&T Florida, is requesting a
t/I/lt modification to a pariously issued Conditional Use Permit lo modify the layout and reduce
he size of the existing main use parking lot, plrsuant to Sedion 118 Article lV-
MIAMIBEACH
PI-A T{H I}I G DE PA RTiIET{ T
1700 cotwENTloN CEMER DRTVE Xt Mt BEICH FLORTDA 3313t p 305.6/3.7560
o
llvrvw.danSedl[.qov
383
Commission Memorandum
1 100 1 sth Sfreel - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
May 6, 201 5 Pase 7 of 8
Future Land Use
(Existing)
co.t
Adrlira*
tloo t6dt Str. r
384
Commission Memorandum
1100 1sth slreet - Future Land use Map (FLUM) Amendment and zoning Map Amendment
May 6, 2015 Page 8 of 8
Fufure l-and Use
(Proposed)
cD.t
----L
Rm-{
Addrr.3:
tloo ltth Str!.t
385
11OO lSTHSTREET - FLUM CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN PURSUANT TO
SECTION 118.166 OF THE CITY AND SECTIONS 163.3181, AND
163.3{87, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FOR A PARGEL OF LAND LOCATED AT {1OO
1sTH STREET, WHICH PARCEL IS COMPRISED OF LESS THAN ,IO
ACRES, FROM THE CURRENT "LOW DENSIW MULTTFAMILY
RESIDENTTAL CATEGORY (RM-l)," TO THE FUTURE LAND USE
GATEGORY OF ,,LOW tNTENStry COMMERCTAL CATEGORY (cD-
1);" PROVIDING FOR INCLUSION lN THE COMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILIW AND AN EFFEGTIVE
DATE.
WHEREAS, the applicant, the City of Miami Beach, seeks to change the Future
Land Use Map category for the parcel located 11OO 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 !T ORDAINED BY THE MAYOR AND CIry
GOMMISSION OF THE CITY OF MIAMI BEAGH, FLORTDA:
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 Cateoorv" (RM-1). to the Future
Land Use Cateqory of "Low lntensitv Commercial Cateqorv" (CD-1). See
Exhibit A.
386
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.
SEGTION 4. !NCLUSION 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 days after adoption pursuant to Section
163.31 87(2), Florida Statutes.
PASSED and ADOPTED this day of ,2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTTON
L_O*,L s.tt-g
Date
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDAVO15\April\1 100 1sth Street FLUM - 1st Reading ORD.docx
-2-
387
Exhibit A
1100 1sth Street
0
I
75 150 300 Feet
rrrlrrrl 388
11OO lSTHSTREET _ ZONING MAP CHANGE
ORDINANCE NO.
AN ORDINANGE 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
OFFIGIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142.
72 OF THE CITY CODE BY CHANGING THE ZONING DISTRIGT
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 GD-l,,,COMMERCIAL, LOW
!NTENSITY DISTRICT;" 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 CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 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 1Sth Street, approximatelv 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
389
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. CODIF!GATION
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 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
3s.'15
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\2015\April\1 100't5th StreetZoning Change - 1st Reading ORD.docx
-2-
390
ExhibitA
1100 1sth Street
0
I
75 150 300 Feet
ttrlrrrl 391
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THIS PAGE INTENTIONALLY LEFT BLANK
396
g MIAMIBEACH
City of Miomi Beoch, ,I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14
ENTITLED "BUILDING REGULATIONS" OF THE CITY CODE BY
CREATING DIVISION 4 ENTITLED "UNSAFE STRUCTURES";
CREATING SECTIONS 14-5OO 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.
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 Board 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.
ANALYS!S
The Unsafe Structure Panel is modeled after Miami-Dade County and the City of Miami's
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
City Attorney Raul Aguila
Gity Manager, Jimmy Morales
May 6, 20'15 SECOND READI
Unsafe Structure Board
BLIC HEARING
Agendattem RSBDate 5:L- I i397
Memorandum to the City Commission
Second Reading - Public Hearing: Unsafe Structure Panel
May 6, 2015 Page2
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 costs, and administrative costs of
the County, which appear to be greater than the costs would be 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:
Hearing officers - based on the language
in the e-mail below, the panel is to
consist of three
Over estimate of each panel cost is max
daily rate for each officer ($400.00 per
ino officers from dav as per Miami-Dade
398
Memorandum to the City Commission
Second Reading - Public Hearing: Unsafe Structure Panel
May 6, 2015 Page 3
the list of panel members available from
the County Court
Administrative Order No. 2-5, hourly rate
of $50.00) = $1200 Per hearing (12
hearinqs Der vear).
Hearing stenographer No cost - not required, all hearings only
required to have audio recording which is
available in the City Commission
Chambers.
Additional staff requirements No additiona! 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.
On April 15,2015 first reading was held. No edits were proposed.
CONCLUSION
The Building Official recommends approval of the ordinance on second reading. The
Administration supports the recommendation of the Building Official.
F:\ATTO\BOUE\Ordinances\Unsafe Structure Board Ordinance- MEMO [May 2015 agenda 2nd Reading].docx
399
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 CITY CODEBY CREATING DIVISION 4 ENTITLED "UNSAFE
STRUCTURES"; CREATTNG SECTTONS 14-SOO THROUGH i4-
502 RELATING TO NOTICE AND PROCESS FOR UNSAFE
STRUCTURES AND CREATING A MUNICIPAL UNSAFE
STRUCTURE PANEL; AND APPEAL PROCESS; PROVIDINGFOR CODIFICATION; REPEALER; SEVERABIL|Ty;
APPLICABILITY; AND AN EFFECTIVE 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 tr{iami-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-s(a)(1) of the county code provides that a
municipality may se{ect 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
1 of27
400
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 CITY
COMMISSION OF THE CIry 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. 14445-14-499698. - Reserved.
***
Division 4. Unsafe Structure Panel
Sec. 15-500. Unsafe structures panel.
(a) General Provisions.
(1) The Citv's unsafe structures panel(s) shalt hear unsafe structures
cases. and aDpeals of decisions. of the Citv Buildinq Official declarinq
DroDerties and their structures and accessory structures to be unsafe
where there is a danqer to the health, safetv. and welfare of the citizens in
the communitv, all in the manner prescribed in this division. If such
structure has been desiqnated historic and is under the Citv's historic
Dreservation jurisdiction, demolition procedures shall. whenever possible.
abide bv the process as set out in the Citv's historic preservation
117-700, of this code, unless there is an immediate threat of danoer. as
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401
determined bv the Buildinq official. Thereafter, a propertv within an
historic district or with an historic desiqnation shall have to comply with the
requirements of 118 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
eOress, or which constitute a fire or windstorm hazard. or are otherwise
dangerous to human life or public welfare bv reason of illeqal or improper
use, occuDancy or maintenance, or which have been substantiallv
damaqed by the elements, acts of God, fire, explosion or othenvise, shall
be deemed unsafe structures and a permit shall be obtained to demolish
the structure, or where specificallv allowed bv this division. to brino the
buildinq into compliance with the applicable codes as provided herein.
(3) lncomplete buildinqs 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 brinq 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 bv the Buildinq Official
or the unsafe structures panel, in the manner more particutarlv set forth
below. which are not completed or repaired and brouqht into full
compliance 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
staanant water is not removed and all repairs made and brouoht into full
compliance with the Florida Buildino Code within a reasonable time. as
allowed by the Buildinq official, then these swimminq pools will be
demolished and filled in.
(6) Buildinos or structures subject to the recertification requirements in
subsection 8-11(fl of the Miami-Dade County Code which the owner faits
to timely respond to the notice of required inspection or fails to make all
reQuired repairs or modifications found to be necessarv resultinq from the
3ot27
402
recertification inspection bv the deadline specified in the Code or any
written extension qranted bv the Buildinq Official will be demolished.
(b) Phvsical criteria.
(1) A buildinq shall be deemed a fire hazard or unsafe when any of the
followinq criteria are met:
a. lt is vacant. unquarded 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
eoress and fire protection as provided herein for the particular
occupancy.
d. lt meets the criteria of a vacant and abandoned propertv under
Chapter 14 of this Code or under Chapter 8 of the Miami-Dade
Countv Code.
(2) A buildino, or oart thereof. shall be presumed to be unsafe if:
a. There is a fallinq away, hanqinq loose or loosening of anv
sidinq, block. brick. or other buildins material.
b. There is a deterioration of the structure or structural parts.
c. The buildinq is partiallv destroyed.
d. There is an unusual saqqino or leanino out of plumb of the
buildinq 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 contrarv to the standards of the Florida
Buildinq Code.
f. An unsanitary condition exists by reason of inadequate or
malfunctioninq sanitary facilities or waste disposal systems.
4o127
403
q. By reasons of use or occupancy the area, heiqht, type of
construction. fire-resistivitv. means of eoress, electrical equipment.
Dlumbinq, air conditioninq or other features requlated bv this Code
do not comply with this code for the use and qroup or occupancy.
h. The construction, installation of electrical. plumbino 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 having 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 buildinq or structure is vacant and abandoned. and
covered at doors or windows with materials not previouslv
aoproved by the BuiHinq Official. or for a period exceedinq the
maximum limitations set forth in this division (see subdivision h.
below).
i. Bv reason of illeoal or improper use, occupancv or maintenance
does not complv with the Florida Buildinq code, or the code in
effect at the time of construction.
k. The buildinq or part thereof meets the physical criteria of an
unsafe structure set forth above and has not been repaired and
brouqht into compliance with the Florida Buildinq Code followino
the expiration of the reasonable periods allowed by the Buildinq
Official, or an unsafe structures panel for such repairs.
(3) Grow houses. A buildinq or structure that has been identified by any
law enforcement officer as beino used to qrow or manufacture controlled
substances as defined by Florida Statutes Chapter 8g3 or anv druqs, as
defined in Florida Statutes Chapter 4gg (a "orow 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 wirino or electrical components, or there
exists any exposed wires or exposed electrical components:
5of27
404
b. There is an open and obvious modification or addition to anv of
the structure's plumbinq, and/or any discharqe of water or other
effluent that is not into an ordinarilv available drain;
c. The structure's interior walls have been destroved. moved. or
modified in any way. 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 passaoes in a wall that are not ordinary, and
mav be unfinished in appearance. This list shall not be considered
exhaustive such that anv other evidence of walls beinq destroyed,
moved or modified shall be proper:
d. Any exterior window has been modified or covered in such a
wav. 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 coverinos: or
e. Anv of the structure's exterior or interior doors have been
modified or covered in such a way to prevent or inhibit inoress or
egress.
(c) Notice.
UDon observation of any one of the above criteria in subsection (b\. any City
enforcement oersonnel shall be authorized to post and shall post a notice in a
consDicuous location on the buildinq or structure that has been determined to be
unsafe.
(1) The posted notice shall read substantiallv as foltows:
UNSAFE BUILDING. This buildinq or structure is. in the opinion of the Citv
of Miami Beach, unsafe. THts BUTLDTNG SHALL BE VACATED-SHALL
NOT BE OCCUPIED. The owner should contact the Citv of Miami Beach
Buildinq Department immediatelv. 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 necessarv inspections listed in subsection (4) have been
completed.
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(3) Within 24 hours of the notice beinq posted by the Buildinq Official,
the Miami Beach Police Department shall notify the buildinq department of
anv trespass violations. Upon receivinq such notification from the Miami
Beach Police Department the buildinq department shall immediatelv 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 days.
(4) All structures that meet any of the criteria from subsection (cX1)
above and have been posted with the requisite notice. must be approved
bv 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 enqineer.
Upon 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
currently no unsafe or hazardous conditions currentlv existinq 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 brinq the structure back
into compliance with the Florida Buildinq Code. Nothino herein shall
relieve the owner from the requirement to obtain permits for any 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 partv. For these
DurDoses, the owner shall be the taxpaver 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 County property Appraiser
indicate that ownership has chanqed. the owner shall be the taxpaver as
reflected in those records. An interested parV shall be the owner and anv
other person or entitv who has previouslv requested real propertv ad
valorem tax notices with respect to the subiect property in accordance with
7 o127
406
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 bv certified or first class mail to all such parties' last known
addresses as reflected in the records of the Miami-Dade County Property
ADDraiser. Failure to receive such notice, or the lack of a sioned return
receipt shall not invalidate the notice.
(6) UDon 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 this Countv, indicatinq that the prooertv is in violation of the Buildinq
Code. The recording of the notice shall constitute constructive notice of
the violation to all concerned. subsequent purchasers. transferees.
mortQaoees, lessees, qrantees and all persons claiminq or acquirinq
interest in the property. In the event that the violation is corrected, the
Buildinq Official shall file proof of the same upon pavment for fees
incurred.
(7I The Buildinq Official shall publish a notice in a newspaper of qeneral
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 anv interested partv, and state that the subiect property has
been found to be in violation of the Buildinq Code and subiect to
demolition. The published notice shall also state the time and place of the
hearinq scheduled before the city's Unsafe structures Board.
(8) The notices provided in this Section are intended to serve as full and
effective notice of the hearino 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. lf the
cost of completion, alteration, repair and/or replacement of an unsafe
buildina 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.
8of27
407
(2\ For Durposes 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 multiplyino the value of the square footaqe
of construction used by the buildinq department to calculate the applicable
Dermit fee. That estimate shall be broken down on a percentaoe basis into
an estimate of the followinq critical elements of construction, as
aDDlicable: structural. roofinq. electrical, plumbinq and mechanical, and
other buildinq 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
comOonents for the structure. to arrive at an overall estimated cost to
repair the affected structure. The appointinq authoritv shall bv
administrative order provide a form for the application of the formula set
forth above for the various types of construction.
(3) lf a buildinq or structure mav 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 phvsical criteria set forth in this
division. the Buildinq Official mav order such buildino or structure to be
tem0orarily secured in the manner and subiect to the limitations set forth
in this division. Such buildinq must be comoleted and brouqht into full
compliance with the Florida Buildino Code within such time as the Buildinq
Official or unsafe structures panel may 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 buildings and structures.
The Buildinq Official, on his own initiative or as a result of reports bv others, shall
examine or cause to be examined every buildino or structure appearino or
reDorted to be unsafe, and if such is found to be an unsafe buildino 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 Buildino Official. there is actual or immediate danqer
of the failure or collapse of a buildinq 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
buildinqs or nearby area and institute other such temporary safequards. includino
9ot27
408
securinq the buildinq or structure or any demolition or partial demolition. as he
m?v d€ern necessary under the circumstances. and may employ the necessary
labor and materials to perform the required work as expeditiously as possible. ln
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 emeraencv work shall be paid bv the appropriate owner of the propertv 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 meetino
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 shalt 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 appeal 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
aoDear before the panel to show cause why the decision of the Buildinq
Official should not be carried out. The hearino shalt not be scheduled
earlier than 30 davs followinq the date of postino of the notice of hearinq
and notice of violation.
(4) The Buildinq Official shall post a notice bearinq 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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409
follows: "UNSAFE BUILDING". This buildinq or structure is. in the opinion
of the Buildinq official. unsafe. "THIS BUILDING sHALL BE VACATED-
sHALL Nor BE occUPlED." Action shail be taken by 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 workino davs of postinq the notice of violation and notice
of hearino. the Buildinq Official shall send written notice of violation and
notice of hearing to the owner and any interested partv. For these
OurDoses. the owner shall be the taxpaver as reflected in the most recenflv
certified real propertv ad valorem tax roll of Miami-Dade Countv: provided
however, where the records of the Dade county propertv Appraiser
indicate that ownership has chanqed. the owner shall be the taxpaver as
reflected in those records. An interested oarty shall be the owner and anv
other oerson or entity who has previously requested real property ad
valorem tax notices with respect to the subject property in accordance with
Florida statutes Section 197.344, as the same may be renumbered or
amended from time to time. The notice of violation and notice of hearino
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 Countv properhr
ADDraiser. Failure to receive such notice, or the lack of a siqned return
receipt shall not invalidate the notice.
(6) UDon expiration of the period of appeal provided in the notice of
violation, the Buildinq Official may file an aporopriate instrument in the
Office of the Clerk of the Circuit Court to be recorded in the public records
of Miami-Dade Countu, indicatinq that the propertv 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, tr?nsferees. mortqagees. lessees. qrantees and all persons
claiminO or acquirinq interest in the propertv. tn the event that the violation
is corrected, the Buildinq Official shall file proof of the same upon oavment
for fees incurred.
r) The Buildinq official shail pubrish a notice in a newspaper of
qeneral circulation once a week for two (2) consecutive weeks. The
Dublished notice shall contain the address of the subiect property and the
names of the owner and any interested partv. and state that the subject
DropertY has been found to be in violation of the Florida Buildinq Code.
and subject to demolition. The published notice shall also state the time
and Dlace of the hearinq 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 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 bv other means pursuant to this section.
(h\ Unsafe structures not meetinq the valuation criteria for immediate
demolition.
(1) 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 phvsical criteria set forth in this
section. the Buildinq Official may order such buildinq or structure to be
temporarily secured in the manner and subiect to the limitations set forth
in this section. Such buildinq must be completed and brouoht into full
comDliance with the Florida Buildinq Code within such time as the Buildinq
Official or the unsafe structures panel mav determine to be reasonable for
such completion. lf the buildinq 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 buildino or
structure shall be demolished and removed from the premises.
(2) The Buildinq 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 days 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 wilt explain the riqht of appeal of
the decision of the Buildinq Official to the unsafe structures panel, in its
aDDellate capacity 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 workinq davs of postinq the notice of violation. the
Buildinq Official shall send the written notice of violation to the owner and
anv interested party, in the same manner provided in above.
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(5) ln the event that the buildino or structure is not secured or brouqht
into com0liance with the requirements of the Florida Buildinq Code within
the Deriods specified in the notice of violation, and no application for
e><tension is made in the manner set forth in this section, the Buildino
Official mav schedule the case for hearinq before the unsafe structures
Danel to secure an order for demolition of the buildino or structure or to
obtain any other appropriate remedv.
(6) ln the event that the Buildinq Official requests that the director of
the buildinq department or his designee schedule a hearinq. 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 buildino department or his desionee shall issue a notice of hearinq
which shall be affixed to the oroperty, mailed to the owner and interested
DartY, in the same manner provided in subsection (q) above. Notice of the
hearing shall be published in the same manner provided in subsection (q)
above.
(7) UDon expiration of the period of appeal 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 mav
file an appropriate instrument in the public records in the manner provided
in subsection (q) above.
(8) The periods set forth in the notice of violation for brinqinq the
structure into compliance with the Florida Buildino Code mav be extended
bv the Buildinq Official for one or more additional periods which in the
aqoreqate do not exceed an additional 180 days, provided all of the
conditions of this subsection are met. Application for the extension must
be made in writino by the interested party to the Buildino Official prior to
the exDiration 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 completinq a buildino or
structure:
b. The interested party has filed a completed appticabte land
development requlation board (Desiqn Review Board, Historic
Preservation Board. Board of Adiustment or planninq Board)
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412
hearino application which affects the final completion of the buildino
or structure and which land development reoulation board hearino
re0uest has not received final approval or reiection from the Citv or
aDplicable qovernmental aqency, includinq anv or all appeals to
court, for circumstances outside of the control for the interested
partv:
c. The buildino or structure is a multiple dwelling structure as
defined in the Florida Buildinq Code and demolition of any unit
comDrisinq that structure compromises the structural inteqrity of the
entire multi-unit structure. where the completion of the structure is
outside of the control of the interested party:
d. The buildinq or structure is the subject of pendino litioation that
renders it impossible for the buildinq or structure to be completed:
e. The buildino 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 pendinq sale to be
closed within a reasonable time from the date the extension is
reouested, where the buver 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 all times been in full
compliance with all of the conditions set forth in this subsection.
(9) Upon receipt of the written application. the Buildino 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 buildinq 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 Buildinq Official: and
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c. The interested oartv has paid all reasonable costs of
enforcement.
(10) Anv interested partv mav appeal to the unsafe structures panel a
decision to qrant or denv 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 hearinq.
(1) On the day 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 desiqnee, the owner and other parties
in interest and their respective witnesses.
(2) The unsafe structures panel mav order repair, securino, and/or
demolition of the structure upon application of the standards set forth in
this division. The unsafe structures panel may modify, rescind. or uphold
the decision of the Buildinq Official as recited in the notice of violation. The
unsafe structures panel shall modify or rescind a decision of the Buildino
Official only upon a findinq that the Buildinq 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 buildinss and structures specificallv set forth in this division.
exceDt where the work involved reasonably requires such additional time.
(3) A copv of the order shall be forwarded to the owner, and all
interested parties bv reqistered or certified mail. and a copy thereof posted
on the propertv.
(4) lf the owner or interested party 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
throuah his employees or through 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 bv 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
buildino or structure and to remove or salvaqe 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 mav do so. Swimminq pools shall be demolished bv removal of
anY staonant water and any above oround parts of the structure, breakino
oDen 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 mutti-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 inteqritv of any component unit
deDends upon the structural inteqrity of one or more other units in the
same structure. ln the event that the owner or other interested party fails
to comDlv with anv order of the unsafe structures panel in connection with
anv multi-unit structure. then in addition to any other right or remedv
contained in this section. the Citv 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 bv this
section for enforcinq the Florida Buildino Code with respect to anv
structure. multi-unit structures mav be secured bv performinq whatever
work the Buildinq Official may determine is reasonablv necessarv to
Dreserve the structural inteqrity, watertiqhtness, or safety of adiacent
units or the surroundinq community which work may include, but not be
limited to roofinq. windows, and electrical.
(2) The procedure for enforcement of this Code set forth above shall
be in addition to. and not in derogation of, other procedures avaitable to
the Buildinq Official pursuant to the Florida Buildino Code. The provisions
of this subsection are not intended to exonerate anv owner or other
interested party from compliance with the Florida Buitdinq Code or any
order of an unsafe structures panel.
(k) Recoverv of cost.
(1) All costs incurred pursuant to any of the provisions of this section
shall be Daid bv the owner, interested partv, or occupant of the premises
on which the violation occurred.
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(2) The Buildins 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 bv this section.
(3\ Anv other emplovee. official or aqency who incurs costs while
executinq any provision within this division shall create an affidavit statino
with fairness and accuracv the items of expense and the date of execution
of actions authorized by this section. That affidavit shall be qiven to the
Buildinq Official responsible for the unsafe structure at issue and filed
amono his records for that propertv.
(4) The enforcino aqency may institute a suit to recover such expenses
against anv liable person or may 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 oreater in
diqnitv to all liens. exceptino IRS tax liens. Such existinq liens or liens
imposed hereafter shall be treated as special assessment liens aoainst
E subiect real propertv. and until fullv paid and discharoed. shall relnain
Iens equal in rank and diqnitv with the lien of ad valorem taxes. and sfiall
be superior in rank and diqnitv to all other liens. encumbrancesJitles and
claims-!-n to or aqainst the real propertv involved: the maximum rate of
interest allowable bv law shall accrue to such delinquent accounts. Such
ligns shall be enforced by anv of the methods provided in Florida Statutes
chapter 86: or, in the alternative, forecrosure proceedinos rnay be
instituted and prosecuted under the provisions applicable 1o practice.
gleadinq and procedure for the foreclosure of mortgaoes on real eitate sertforth in state statutes.or may be foreclosed per F.S.chl73,or ille
collection and enforcement of pavment thereof may be accomplished by
anv other method authorized bv law. The owner and/or operator shiil pav
all costs of collection. includinq reasonable attornev fees, incurred in tfre
cgllection of fees. service charqes. penalties and liens imposed by virtue
of this article.
(6I Liens created pursuant to this section may be discharqed and
satisfied by payino to the City the amount specified in the notice of lien,
tooether with interest thereon from the date of the fitino of the lien
computed at the maximum statutory 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
discharoed, the Citv 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 recovery 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 hearings as provided for
under this section.
(1) Composftion. Unsafe structures panel(s) shall consist of three
members from the list of panel members available from the County Clerk
Dursuant to Miami-Dade Countv Administrative Order No. 2-5, as
amended. A buildinq department representative will serve as an ex-officio.
non-votina member of each panel, to act as a liaison. The ex-officio
member shall not count toward a quorum of the panel.
(2) Desronafion. At the request of the director of the buildino
department. the counW clerk shall desiqnate three members to constitute
one or more unsafe structures panel(s) to conduct hearinqs on the dates
scheduled bv the director of the buildinq department or his desionee. At
least one of the members on each panel shall have knowledqe of
construction qained from experience as an architect. enqineer, qeneral
contractor or lawver. The director of the buildinq 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 utirize 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 hearinq or take anv action.
c. A majoritv vote of unsafe structures panel members oresent
and votino 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 hearinq 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 paner, but shall have no
vote.
f. The director of the citv Buildinq Department or his desisnee
may call and schedule unsafe structures hearinqs.
g. Audio record shall be kept of all unsafe structures hearinqs
and all hearinqs shall be public.
h. All hearinos shall be open to the public, and any person
whose interest may be affected by the matter on appeat shall be
qiven an opportunitv to be heard in person, or throuqh his attorney.
i. witnesses may be sworn and subpoenaed bv the unsafe
structures panel in a like manner as they are subpoenaed bv the
court or courts in Miami-Dade County.
i. The hearinos 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 reoardless of the existence of any common law or
statutory rules which miqht make improper the admission of such
evidence over obiection in civil actions.
k. Hearsav evidence may be used for the purpose of
supplementinq or explainino anv direct evidence but shall not be
sufficient in itself to support a findinq unless it would be admissible
over obiection in civil actions.
l. The rules of privileoe shall be effective to the same extent
that they are now. or hereafter mav be. recoqnized in civil actions:
and irrelevant and undulv repetitious evidence shall be excluded.
m. The director of the citv buildinq department shall 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, subject to budset limitations. The
director of the city buildinq department shall maintain a record of all
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418
Droceedings, includinq but not limited to a court reporter's transcript
of the proceedinq, and mav 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 Citv buildinq department shall provide a
reqular meetinq 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 Buildinq 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. ln the event of iudicial review of an unsafe structure panel
order, the director of the Citv buildinq department or his desionee
shall transmit the records with all exhibits. instruments. papers and
transcripts of its proceedings 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 employees of the City.
(5) Dufies of fhe Cify affomev. The City attornev shall either be counsel
to the unsafe structures panel or shall represent the Cifu 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.
Anv 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 panet.
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419
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
0anel 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 provides 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 applicant has complied with the permit deadline. ln no event mav the unsafe
structures panel qrant more than one extension of time for each initial order.
To obtain an extension. the owner or applicant must demonstrate to the
reasonable satisfaction of the unsafe structures panel that the structure that is
the subject 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 comply 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 aDolicant must submit in writinq, tooether with the petition for an
extension. a written timetable for compliance with the substantive provisions of
the order and for completion of all necessary repairs. The unsafe structures
Oanel shall not reconsider the order, limitinq its consideration of the petition to
decidinq whether the qrounds for an extension have been satisfied in the manner
set forth in this subsection.
(n) Judicial review.
Anv owner or authorized representative aqqrieved by 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. Accordinqly. 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 appeltate 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 Chaoter 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.
!t is the intent of this section to requlate an improved or unimproved lot that has
become vacant or the qround has been left in disarrav or excavated due to
demolition of a structure(s\ on the lot and to implement reoulations to:
(1) Ensure the lot is rehabilitated in a park-rike apoearance:
(2) Reduce neiqhborhood bliqht and its negative effects bv requlatino
the aesthetic character of vacant lots, formerlv 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 respectivelv ascribed to them bv this subsection:
(1) Vacanf /of; As defined in Citv Code section 46-91, as amended. a
lot. tract. or other parcel of land in the City that does not have a structure
or buildinq on the land.
(2\ Sfrucfure; As defined in Citv Code section 114-1. as amended, a
structure or buildinq as defined bv the Florida Buildino Code, as amended.
(3) Iree; As defined in Citv Code Chapter 46. as amended, any self-
suDDortina woody plant or palm which usually has a sinqle main axis or
trunk, with a minimum trunk diameter at breast heioht of two inches and a
minimum overall heioht of 12 feet. This definition excludes olants which
are defined as shrubs. hedqes, vines. or oround covers. Palms shall have
a minimum heioht of 14 feet in order to be classified as a tree.
(4) Lof: A parcel of land: a portion of land: property.
(b) Minimum requirements.
When a structure has been demolished and real property has become a vacant
22 of 27
421
lot or a Dortion of a lot has been left in disarrav 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, alonq with anv other qarbaqe from the lot.
(2) Refill and orade the lot in accordance with subsection (d).
and lav down sod or hydroseed on any exposed dirt on the lot.
Nothinq in this section shall be construed to require the removal of
trees from the lot.
(3) lf 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 requested, the City may 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 soddino of the lot shall complv with the Florida
Buildinq Code. as amended.
(e) Enforcement provision.
This section may be enforced in accordance with the Florida Buildinq Code.
Nothino in this section precludes the Buildinq Official or his/her desiqnee from
enforcina this section bv anv and all means provided by law, includinq but not
limited to, any actions in Circuit Court.
(fl Special assessment provision.
(1) Under the lawful authoritv qranted to municipalities pursuant to
Florida Statutes Chapters 170 and 166. the Citv hereby authorizes the
levv and collection of special assessments to the fund the costs of any
work done by the Citv to enforce compliance with the requirements of this
section.
(2\ Anv work undertaken bv the City under this section shall be treated
as sDecial assessment liens aqainst the subject real property. and until
fullv oaid and discharoed, shall remain liens equal in rank and diqnity 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 o127
422
of the methods provided in Florida Statutes Chapter 85, as amended. or.in the alternative, foreclosure proceedinqs mav be instituted and
Prosecuted under the provisions applicable to practice, pleadinq and
Procedure for the foreclosure of mortqaqes 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 by anv other method authorized by law. The prooertv
owner shall pav all costs of collection, includinq reasonable attorney fees.
incurred in the collection of fees. service charqes, penalties and liens
imposed by virtue of this section. Additionally, the City may elect to utilize
the uniform method for the levy. collection and enforcement of this non-ad
valorem assessment pursuant to Florida Statutes Section 197.3632, as
may be amended from time to time.
(s) Best efforts.
The City, when at all possible. will use best efforts to comply with the provisions
of this section when demolishino property within the Citv, reqardless of
ownership.
Sec. 14-502. Maintenance of lots or propertv containing excavated
construction sites or excavated sites in considerable non-comptiance with
the Florida Buildinq Code.
(a) lntent.
It is the intent of this section to requlate propertv containinq excavated
construction sites or excavated sites that have become a nuisance or a danqer to
the community and are in considerable non-compliance with the Florida Buildino
Code, pursuant to the Buildinq Official. This section seeks to implement
regulations to:
(1\ Reduce neiqhborhood bliqht and its neoative effects by requlatinq
the aesthetic character of lots or propertv containinq excavated
construction sites or excavated sites: or
(2) Ensure the lots or property containing 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
423
(1) Consfrucfion sife: A lot or site on which a structure is being built or
constructed.
(2) Excavafrbn: excavafed slfe; A site that has been unearthed: a site
made hollow by removinq the inner part: a site which has a hole or cavity
in or formed into a hollow. as bv diqqinq.
(3\ Excavafed consfrucfion sife; A construction site which has an
excavation or hole.
(4) F/onda BurTdrnq Code; The unified buildino code for the State of
Florida, adopted bv the Florida Buildins 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: propertv.
(c) Minimum requirements.
When an excavated construction site or an excavated site has been left derelict
and in disarray for more than three months, to the point that the property is
deterioratinq and poses a danqer to the communitv, the Buildinq Official shall
make a determination as to whether the property is in substantial non-compliance
with the Florida Buildinq Code and Chapter 8 of the Miami-Dade County Code
and at such time, order the propertv owner, via a notice of violation, that such
violations must be corrected within the time set on the notice.
(1) lf the propertv owner refuses to correct the violations on the
DroDertv, as stated in subsection (d) below or commence construction on
the Dropertv, the Buildino Official shall be authorized to return the property
to a uniform and level qrade.
(2) The Buildino Official shall order the property to be refilled and
Oraded in accordance with subsection (d) below. Moreover, the Buildinq
Official shall order sod or hvdroseed on anv exposed dirt on the property.
(3) Nothinq in this section shall be construed to require the removal of
trees from the lot. Nothino in this section shall prevent the property owner
from performinq this re-fillino on his/her own.
(d) Fill requirements. The re-fillinq. qradinq. and soddinq of the tot shall
complv with the Florida Buildinq Code, as amended.
25 of 27
424
" Nothi
includinq but not limited to. anv actions in the circuit court.
(fl Special assessment provision.
section.
(2) AnY work undertaken by the Citv under this section shall be treated
as sDecial assessment liens aqainst the subiect real propertv. and until
propertv involved. lnterest at the rate of 12 percent per annum shall
accrue to such delinquent accounts. Such liens shall be enforced bv any
of the methods provided in Florida Statutes chapter g5. as amended. or,in the alternative, foreclosure proceedinqs may be instituted and
Drosecuted under the provisions applicable to practice, pleadinq and
Drocedure for the foreclosure of mortqaqes 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 payment thereof mav
be accomplished bv anv other method authorized by law. The propertv
incurred in the collection of fees. service charqes, penalties and liens
imDosed bv virtue of this section. Additionallv. the City may elect to utilize
Sec f 4-503 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 ot 27
the lien of ad valorem taxes, and shall be superior in rank and diqnitv to all
amended from time to time.
425
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained, that the
provisions of this Ordinance shall become and be made part of the Code of the
City of Miami Beach, as amended; that the sections of this Ordinance may be re-
numbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading:
Second Reading:
[Sponsored by Commissioner Wolfson]
F:\ATTO\BOUE\Ordinances\U nsafe Structu re Board ORD [Finat 3-1 9-1 S].docx
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428
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with developtnent and
Supporting Data (Surveys, Environmenta! Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate
COMMISSION ITEM SUMMARY
Condensed Title:
SecondReadingtoconsideranordinanceamendingandmodifyingtheury
exceptions for accessory structures, and by clarifying and amending the requirements for skylights.
Item ndation:
SECOND READING - PUBLIC HEARING
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 2% 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 the Land Use Committee discussed the proposed Ordinance and
recommended that the Planning Board transmit it to the City Commission with a favorable
recommendation.
On April 15,2015, the City Commission approved the subject Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
Board Recommendation:
Financial
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! !mpact 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.
Clerk's Office islative
T:\AGENDAV01S\May\SF Dev Regs Accessory Lot Cov and Unit Size - 2nd
AGENDA rrem (Sc-
o^rG <-6- t{
onFebruary24,2015,thePlanningBoard(voteof5-0),transmitteotnery
City Commission with a favorable recommendation. (Planning Board File No. 2232).
Thomas Mooney
MIAMIBEACH 429
MIAMIBEACH
Ciry of Miomi Beoch, lZ00 Convention Center Drive. Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS (LDRS) OF THE CITY CODE, AT
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTIGLE 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 STRUCTURES, AND BY
CLARIFYING AND AMENDING THE REQUIREMENTS FOR
SKYLIGHTS; PRovlDlNG FoR REpEALER; coDrFtcATtoN;
SEVERABILITY; AND AN EFFECTTVE DATE.
ADM!NISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On February 12, 2014, the Commission adopted comprehensive revisions to the singlefamily development regulations. on September 30, zoj4, 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 lotloverage and
units size for Accessory Structures.
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.
ANALYSIS
Unit Size
When the comprehensive revisions to the single family development regulations were
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
May 6, 2015
Single Family Development
City Co
DING - PUBLIC HEARING
- Lot Goverage and Unit Size
430
Commission Memorandum
Single Family Development Regulations - Lot Coverage and Unit Size
May 6, 2015
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 tnai tnJinclusion 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 iowards 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 25% of the
required rear yard area (1,575 SF), or 393 SF. With a 2%o limitation on covered terraces,in this example the covered terrace area could not exceed 210 SF. This allows a
reasonably sized covered terrace area as part of an accessory structure that is
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 afloor 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
9?P ol the.size of the outdoor covered areas not counteO in tne overall lot coverage to2% 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 IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration 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.
431
Commission Memorandum
Single Family Development Regulations - Lot Coverage and unit Size
May 6, 2015 Paqe 3 of 3
SUMMARY
On April 15, 2015, the City Commission approved the subject Ordinance at First
Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
,ffiil^*/MAB/RAM
T:\AGENDA\201S\May\sF Dev Regs Accessory Lot cov and Unit Size - 2nd Reading MEM.docx
432
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 CtTy CODE, AT CHAPTER 142, *ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
DlvlsloN 2, "RS-l, RS-2, RS-3, RS4 SINGLE-FAMILY RESIDENTIAL
D!STR!CTS," 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.
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 CIry COMMISSION
OF THE CITY OF MIAMI BEAGH, 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:
**
433
(4) 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 othenruise provided for in these land
development reg ulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered ferraces, breezeways, or open porches, that do
not project more than ten feet from the main home building(s).
4. Sinqle-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 sinole storv accessorv 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).
$.Q Those portions of covered exterior unenclosed private balconies, that do
not project more than six feet from the building.
(5) Lot coverage (building footprint).
c. 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 buildino(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 buildinos(s). or part of an attached
structure proiectinq more than 10 feet from the main home buildinos(s). such
outdoor covered areas shall not be included in the lot coveraqe calculation.
2434
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 waterways.
Chimneys and air vents, not to exceed five feet in height.
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.
Radio and television antennas.
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.
Rooftop curbs, not to exceed one foot in height.
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.
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.
sEcfloN 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
a.
b.
c.
d.
e.
f.
g.
435
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.
SECTION4. 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 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
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
S+rike+nreugh denotes deleted language
[Sponsored by Commissioner Malakoffl
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438
COMMISSION ITEM SUMMARY
Condensed Title:
SecondReadingtoconsideranordinancethatamendsanocarrr
walls, and gates within a required yard in Single-Family Residential Districts.
Item Summa
SECOND READING - PUBLIG HEARING
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 sucn 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.
On April 15,2015, the City Commission approved the subject Ordinance at First Reading.
The Administration recommends that the City Commission adopt the attached Ordinance.
AcENDA rrem RS D
lncrease satisfaction with neighborhood character. lncrease satisfaction wrtn Oevebpment andgroMh management across the Citv.
Supporting Data (Surveys, Environmenta! Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to reoulate
onFebruary24,2015,thePlanningBoard(voteof6.o),tran
City Commission with a favorable recommendation. (Planning Board File No. 22gO).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\201S\May\Fence heights - 2nd Reading SUM.docx
MIAMIBEACH DATE }6.,r439
MIAMI BEACH
City of miomi Beoch, 1700 Convenlion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMIS MEMORANDUM
To: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 READING - PUBLIC HEARING
SUBJECT: Single Family Home Regulations$ Fence Heights
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATTONS (LDR) OF THE Ctry CODE,
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ART!CLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS,"
DIVISION 4, "SUPPLEMENTARY YARD REGULATIONS," AT
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.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
BACKGROUND
On September 17,2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to
the maximum elevation of required yards in reference to increased seawall height
requirements (ltem C4B). On November 5, 2014, the Land Use Committee discussed
proposed amendments and continued the discussion to the December 10, 2014
meeting.
On December 10, 2014lhe 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.
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
the City
SECON
440
Commission Memorandum
Single Family Home Regulations - Fence Heights
required flood elevation and 'grade'. Grade is the sidewalk elevation at the center of theproperty. 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 1Oth, 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 tfrat tne
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 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.
SUMMARY
On April 15, 2015, the subject Ordinance was approved at First Reading. At First
Reading, the City Commission requested a map of all RS-1 and RS-2 districts and a
map of properties that are 15,000 SF or larger. The requested maps are attached at the
end of the memorandum.
CONCLUS!ON
The Administration recommends that the City Commission adopt the Ordinance.
,rffil^*/MAB/RAM
T:\AGENDA\201SWay\Fence heights - 2nd Reading MEM.docx
441
Commission Memorandum
Single Family Home Regulations - Fence Heights
May 6, 2015
RS-l and RS -2 Zoning
442
Commission Memorandum
Single Family Home Regulations - Fence Heights
May 6, 2015 Page 4 of 4
RS Lots 15,000+ SF
|-] RS Lots 1o.oo0 sFandAbove
(Appfox.785 parcets)
0 1,25e,500 5,000 Feet
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s
443
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 CODE, CHAPTER 142, "ZONING DISTRIGTS AND REGULATIONS," ARTICLE IV,
"SUPPLEMENTARY DISTRIGT REGULAT|ONS," DIVISION 4,,,SUPPLEMENTARY YARD
REGULATIONS," AT SECTION 142.1132, "ALLOWABLE ENCROACHMENTS WITHIN
REQUIRED YARDS," BY AMENDING AND CLARIFYING THE MEASUREMENT OF FENCES,
WALLS, AND GATES WITHIN A REQUIRED YARD; PROVIDING CODIFIGATION;
REPEALER; SEVERABILITY; 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 GOMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTTON 1. That Section 142-1132, "Allowable encroachments within required yards", is
hereby amended as follows:
(h) Fences, walls, 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 o . 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, waterway 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 qrade. the overall heioht of fences. walls
444
c.
d.
e.
f.
and oates mav be measured from adiusted qrade, provided that the portion of
such fences. walls or oates above four (4) feet in heioht consists of aluminum
pickets with a minimum spacinq of three (3) inches. unless othen/vise approved
bv the desiqn 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 watenuay (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.
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.
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.
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 orade. 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.
(2)
(3)
445
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. SEVERABILIry
lf any section, subsection, clause or provision of this ordinance is
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
held invalid, the
PASSED AND ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
2015.
Philip Levine, Mayor
First Reading:
Second Reading:
April 1 5,2015
May 6, 2015
APPROVED AS TO FORM
AND LANGUAGE
FOR EXECUTION
City Attorney i it-,{lr\)
AND
il-
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rke*nre+gn = deleted language
[Sponsored by Commissioner MalakoffJ
T:\AGENDAVO 1 S\April\Fence Heights - First Reading ORD.docx
446
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lntended Outcome S
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the rioht amount."
COMMISSION ITEM SUMMARY
Gondensed Title:
Second 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
to comolv with the reoui of the Florida Buildinq Code.
AGETTTDA rrer R 9E
Item Summary/Recommendation :
SECOND READING - PUBLIG HEARING
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 site, 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 thatthe City
Commission refer an Ordinance Amendment to the Planning Board.
On April 15, 2015, the City Commission approved the subject Ordinance at First Reading with a
modification that tree surveys and tree mitigation plans, if applicable, be required as part of the
demolition permit application.
The Administration recommends that the City Commission the attached Ordinance.
On February 24, 2015, the Planning Board (vote of 5-0), transmitted tne -ttacneO proposat to tfre
City Commission with a favorable recommendation. (Planning Board File No. 2198).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Tota!
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\201S\May\Demolition Procedures For Historic Structures - 2nd Reading SUM.
MIAMIBEACH orrE 5-6-,(449
MIAMIBEACH
Cify of frtiomi Beoch, lZ00 Convenlion Cenler 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 CIry
OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRs) OF THE CITY CODE, BY AMENDING CHAPTER
1',9, ,,ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE X,
"HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE OF CERTIFICATEOF APPROPRIATENESS/ CERTIFIGATE TO DIG/CERTIFICATE OF
AppRopRIATENESS FOR DEMOLITION," AT SEGTION 118_563, ,,REVIEW
PROCEDURE;" AND BY AMENDTNG SECTTON i18-564, ,,DECISIONS ON
CERTIFICATES OF APPROPRTATENESS;,, By AMENDING THE
PROCEDURES FOR THE ISSUANCE OF A DEMOLITION PERMIT, BY
ESTABLISHING CRITERIA TO OBTATN A DEMOLITION PERMIT PRIOR TO
THE ISSUANCE OF A FULL BUILDING PERMTT FOR STRUGTURES THAT
ARE LOGATED WITHIN LOCAL HISTORIC DTSTRICTS, INDIVIDUALLY
DESIGNATED AS AN HISTORIC SITE OR INDIVIDUALLY DESIGNATED ASAN HlsroRlc STRUGTURE; PRovtDtNG FoR coDtFrcATroN;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the attached
Ordinance.
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
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
Demolition Procedures for
READING - PUBLIC HEARING
the C
Properties
450
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic properties
May 6, 2015 Paoe 2 ol 4
Commission referred this request to the Land Use and Development Committee. On
June 12, 2014, the Land Use Committee discussed the proposal, and recommended
that the City Commission refer an Ordinance Amendment to the Planning Board. On
July 23, 2014, the City Commission referred an Ordinance Amendment to the Planning
Board, which incorporated the following:
1. Modifications to Sectionl42-108(0(2) and Section 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(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. A requirement for the posting of any single family property where the demolition
of a home is proposed.
451
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic properties
May 6, 2015 Page 3 ot 4
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.
ANALYSIS
Currently, all structures located within local historic districts or individually designated as
historic sites or historic structures, are required to obtain a Certificate of Appropliateness
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(fX6) states:
A building permit shall not be rssued for the demotition of any buitding, structure,
improvement, landscape feature, public interior or site individuatly 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 propefty 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 ptans 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.
452
Commission Memorandum
Ordinance Amendment - Demolition Procedures for Historic propeiies
May 6, 2015 Page 4 of 4
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 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.
SUMMARY
Article l, Section 1.06 of the City Charter states that "whether through amendment,
exemption, repeal, or otherwise, reduces the powers and duties of the Ctty's Historic
Preservation Board, or creates /ess stringent historic preseruation standards or
regulations, shall, before becoming effective be approved by a majortty 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.
On April 15,2015, the City Commission approved the Ordinance at First Reading with a
modification that tree surveys and tree mitigation plans, if applicable, be required as part
of the demolition permit application.
CONCLUSION
The Administration recommends that the City Commission adopt the attached
Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDA\201S\tvlay\Demolition Procedures For Historic structures - 2nd Reading MEM.docx
453
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 (LDR) OF
THE CITY CODE, BY AMENDING CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES,'' ARTICLE X, "HISTORIC PRESERVATION," DIVISION 3, "ISSUANCE
OF CERTIFICATE OF APPROPRIATENESS/CERTIFICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION,'' AT SECTION 118.563, "REV!EW
PROCEDURE;" AND BY AMENDING SECTION 118-564, "DECISIONS ON
CERTIFICATES OF APPROPRIATENESS;,, BY AMENDING THE PROCEDURES FOR
THE ISSUANCE OF A DEMOLITION PERMIT, BY ESTABLISHING CRITERIA TO
OBTAIN A DEMOLITION PERMIT PRIOR TO THE ISSUANCE OF A FULL BUILDING
PERMIT FOR STRUCTURES THAT ARE LOCATED WITHIN LOCAL HISTORIC
DISTRICTS, INDIVIDUALLY DESIGNATED AS A HISTORIC SITE OR INDIVIDUALLY
DESIGNATED AS A 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 general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDR")
provides for the regulation of land within the City; and
WHEREAS, the City's LDR 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 LDR 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 LDR 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
454
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 CITY OF MIAMI BEACH, 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 CERTIFICATE 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 a 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 a 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)
455
of the followino criteria are satisfied, except as permitted under subsection
1 18-564(fl(6[
i. the issuance of a buildino permit process number for new
construction.
ii. the buildinq permit apolication and all required plans for the new
construction shall be reviewed and aporoved bv the Planninq
Department:
iii. all apolicable fees for the new construction shall be paid. includinq but
not limited to. buildinq permit and impact fees. as well as applicable
concurrencv and parkinq impact fees:
iv. A tree survev. if required. shall be submitted and a replacement plan.
if required. shall be reviewed and approved bv the Greenspace
Manaqement Division:
v. all debris associated with the demolition of the structure shall be re-
cvcled. in accordance with the applicable requirements of the Florida
Buildinq Code.
Sec. 1 18-564. Decisions on certificates of appropriateness
(f) Certificate of appropriateness for demolition.
(6)A building permit shall not be issued for the demolition of any building,
structure, improvement, landscapg feature, public interior or site individually
designated in accordance with sections 118-591 , 118-592 and 118-593, or
located within a historic district until the new or replacement construction for
the property has been approved and
ffi until all of the followinq criteria are satisfied:
a. the issuance of a buildino permit process number for new
construction:
b. the buildinq permit aoplication and all reouired plans for the new
construction shall be reviewed and approved bv the Plannino
Department:
c. all applicable fees for the new construction shall be paid. includinq but
not limited to, buildinq permit and impact fees. as well as apolicable
concurrencv and parkinq impact fees:
d. A tree survev. if required. shall be submitted and a reolacement plan.
if required. shall be reviewed and approved bv the Greenspace
Manaqement Division:
e. all debris associated with the demolition of the structure shall be re-
cvcled. in accordance with the applicable requirements of the Florida
Buildinq Code.
3456
For noncontributing structures located in one of the city's historic districts, this requirement
may be waived or another permit substituted at the sole discretion of the historic
preservation board.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 4. 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,i\- , ;nLlP
Date
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
Stri*etnreugh denotes deleted lang uage
[Sponsored by Commissioner Malakoff]
T:\AGENDA\201S\May\Oamolition Procedures For Historic Structures - Semnd Reading -ORD.docx
4
April 15,2015
Thomas R. Mooney
457
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458
l.:. Crdinance of the Ma;'or ano Crty Commission of the City of Miami Beach, F!c,'ida, ainending the
Land Development Regulations of the Miami Beach City Code, by amending Section 118-593(e),
entitled "Delineation on Zoning Map" by designating the property at 36 Ocean Drive as an Historic Site
to be known as "36 Ocean Drive Historic Site"
COMMISSION ITEM SUMMARY
Advi Board Recommendation:
On February 10,2015, the Historic Preservation Board reviewed a Designation Report relative to the
historic designation of 36 Ocean Drive as a Local Historic Site and approved a motion to recommend
approval of the designation of the proposed 36 Ocean Drive Historic Site to the Planning Board and
the City Commission by a vote of (7-0).
On March 24, 2015, the Planning Board reviewed a Designation Report relative to the historic
designation of 36 Ocean Drive as a local historic site and approved a motion to recommend approval
of the designation to the City Commission by a vote of (5-0, 1 absent).
Protect Historic Building Stock
Supporting Data (Surveys, Environmental Scan, etc
ln the 2014 Survey, 74% of residents and 77o/o of business owners maintained that the City was
effective in its historic
Item Summary/Recommendation:
FIRST READING
The proposed Ordinance would designate the property located at 36 Ocean Drive as a Local Historic
Site.
The Administration recommends that the City Commission approve the Ordinancd at First Reading
and set a Second Reading Public Hearing for June 10,2015.
Financial I nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
N/A
islative Trackin
Thomas Mooney
AssistanlGity Manager
T:\AGENDA\2015\May\36 Ocean Ddve - Historic Site Designation - Sum.docx
AGEI.IDA ITEM RSFMIAMIAHACHDATE459
MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION EMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
36 Ocean Drive - Local Historic
AN ORDINANCE OF THE MA AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE MIAMI BEACH CITY CODE;
By AMENDTNG SECTION 118-593(E), ENTTTLED "DELINEATTON ON
ZONING MAP" BY DESIGNATING ONE OR MORE BUILDINGS AT 36
OCEAN DRIVE AS AN HISTORIC SITE TO BE KNOWN AS "36
OCEAN DRIVE HISTORIC SITE," AS MORE PARTICULARLY
DESCRIBED lN THE ORDINANCE; PROVIDING THAT THE CITY'S
ZONING MAP SHALL BE AMENDED TO INCLUDE 36 OCEAN DRIVE
AS AN HISTORIC SITE; ADOPTING THE DESIGNATION REPORT
ATTACHED TO THE STAFF REPORT AS APPENDIX,'A,'; PROVIDING
FOR INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF
THE CITY CODE; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
ADM INISTRATION RECOMMEN DATION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and set a Second Reading Public Hearing for June 10,2015.
BACKGROUND
On January 13,2015, at the request of the applicant, 36 Ocean Drive Holdings, LLC the
Historic Preservation Board, reviewed a Preliminary Evaluation and Recommendation
Report relative to the possible historic designation of the existing property located at 36
Ocean Drive as an individual local historic site. At this meeting, the Board directed staff
and the applicant to prepare a formal historic designation report.
On February 10,2015, the Historic Preservation Board reviewed a Designation Report
relative to the historic designation of 36 Ocean Drive as a Local Historic Site and
approved a motion to recommend approval of the designation of the proposed 36 Ocean
Drive Historic Site to the Planning Board and the City Commission (HPB File No. 7502).
On March 24, 2015, the Planning Board reviewed a Designation Report relative to the
historic designation of 36 Ocean Drive as a local historic site and approved a motion to
recommend approval of the designation to the City Commission.
DESIGNATION PROCESS
The designation report for a proposed historic district is required to be presented to the
Historic Preservation Board and the Planning Board at separate public hearings.
TO:
FROM:
DATE:
SUBJECT:
the City
Designation
FIRST READING
460
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6,2015 Page 2 of 7
Following public input, the Historic Preservation Board votes on whether or not the
proposed historic district meets the criteria listed in the Land Development Regulations
of the City Code and transmits a recommendation on historic designation to the Planning
Board and City Commission. lf the Historic Preservation Board votes against the
designation, no further action is required. lf the Historic Preservation Board votes in
favor of designation, the Planning Board reviews the designation report and formulates
its own recommendation. The recommendations of both Boards, along with the
designation report, are presented to the City Commission. Because in this instance the
proposed ordinance involves an area less than ten (10) contiguous acres, the City
Commission must hold one public hearing on the designation. Upon conclusion of the
hearing, the City Commission can immediately adopt the ordinance with a 5/7 majority
vote.
RELATION TO ORDINANCE CRITERIA1. ln accordance with Section 118-592 in the Land Development Regulations of the
City Code, eligibility for designation is determined on the basis of compliance
with the listed criteria set forth below.
(a) The Historic Preservation Board shall have the authority to recommend
that properties be designated as historic buildings, historic structures,
historic improvements, historic landscape features, historic interiors
(architecturally significant public portions only), historic sites or historic
districts if they are significant in the historical, architectural, cultural,
aesthetic or archeological heritage of the city, the county, state or nation.
Such properties shall possess integrity of location, design, setting,
materials, workmanship, feeling or association and meet at least one of
the following criteria:
(1) Association with events that have made a significant contribution
to the history of the city, the county, state or nation;
(2) Association with the lives of persons significant in the city's past
history;
(3) Embody the distinctive characteristics of an historical period,
architectural or design style or method of construction;
(4) Possesses high artistic values;
(5) Represent the work of a master, serve as an outstanding or
representative work of a master designer, architect or builder who
contributed to our historical, aesthetic or architectural heritage;
(6) Have yielded, or are likely to yield information important in pre-
history or history;
(7) Be listed in the National Register of Historic Places;
(8) Consist of a geographically definable area that possesses a
significant concentration of sites, buildings or structures united by
461
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6, 2015
2.
Page 3 o'f 7
historically significant past events or aesthetically by plan or
physical development, whose components may lack individual
distinction.
(b) A building, structure (including the public portions of the interior),
improvement or landscape feature may be designated historic even if it
has been altered if the alteration is reversible and the most significant
architectural elements are intact and repairable.
The proposed 36 Ocean Drive Historic Site is eligible for historic designation as it
complies with the criteria as specified in section 118-sg2 in the Land
Development Regulations of the City Code outlined above.
The Property is eligible for historic designation and in
conformance with the designation criteria for the following
reasons:
Association with events that have made a siqnificant
contribution to the historv of the citv. the Countv, state or
nation;
The property is located in the first recorded sub-division in
Miami Beach. Designed in the Spanish / Mediterranean
architectural style, this one story commercial building was
par to the original building sfock of the city and is now the
last remaining original building on ifs block of Ocean Drive.
By the mid 1920's this stretch of Ocean Drive and Coilins
Avenue constituted one of several nodes of commercial
activity within the City of Miami Beach.
This neighborhood contained up to five bathing Casrnos
catering to many daylrippers from the mainland. Small
one story commercial buildings were developed on Collins
to cater to the immense pedestrian traffic in the area
serving the Casinos and Dog Track. lt is interesting to
note that the Building Card sfafes that the building was to
provide'Sfores and living quarters."
The demographic area south of Sixth Sfreef which possess
a significant concentration of buildings and sifes that are
unified by the historical development Ocean Beach as a
vibrant but modest seasde resort, abundant with enticing
recreational amenities for the working c/ass, and unusually
welcoming fo persons of Jewish heritage. "The Property is
located in the first subdivision created solety for
commercial uses in Miami Beach in February 1920. Retail
goods and services were needed in order to support the
increasing number of residents and visifors during the
1920s and 1930s. The creation of this commercial
subdivision has had a major impact in the development of
the City as reflected along Alton Road, which remains oneof Miami Beach's major commercial corridors today.
(a)
(1)
462
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6,2015 Page 4 o'f 7
(2)
Among other tenants, the building housed a Food Market
for over 50 years and a bar that began in 1941 as the
Knotty Pine Bar and is today known as the Abbey Brewing
Company. Ihese and other unique commercial uses have
provided an invaluable service to the local residents for
over 70 years.
Association with the lives of persons sionificant in the citv's
past historv:
ln 1912 two Miami bankers, John N. Lummus and James
E. Lummus, formed the Ocean Beach Realty Company
and platted a small ocean-facing portion of their land at
the southern tip of Miami Beach.ln South Beach the Ocean Beach Realty Company
assembled the traditional elemenfs of a seasrde resort city:an 'oceanfront' boardwalk' as the setting for an
architectural promenade;' bathing casrnos' built along the
ocean; an entertainment pier and a mix of homes, hotels
and boarding holtses."
Embodv the distinctive characteristics of an historical
period. architectural or desion stvle or method of
construction;
This commercial building is an outstanding example of the
Spanish Mediterranean style of architecture popular in the
1920's. lt's simple materials and detailing are balanced in a
symmetrically simple one story structure utilizing the
structure and the masonry downspouts as the decoration.
The desire to transform Miami Beach into a Mediterraneancrty corresponded with the ascendancy of the
Mediterranean revival style in Florida. lt's appearance in
Florida was contemporary with the Spanlsh Colonial style
popular in the early twentieth century Spanish
Mediterranean architecture was the "style of choice" for the
first major boom period in Ocean Beach. lts connotation of
Mediterranean resort architecture, combining expressions
of ltalian, Moorish, North African and Southern Spanish
themes, was found to be an appropriate and commercially
appealing image for the new Floridian seaside resort.
During the mid 1910s through the early 7930s the style was
applied to hotels, apartment buildings, commercial
structures, and even modest res/dences. lts architectural
vocabulary was characterized by stucco walls, low pitched
terra cotta and historic Cuban tile roofs, arches, scrolled or
tile capped parapet walls and articulated door surrounds,
sometimes utilizing Spanish Baroque decorative motifs and
C/assica/ elements. Featured detailing was occasionally
executed in keystone.
(3)
463
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6, 201 5 Page 5 ol 7
(4)
Spanish Mediterranean architecture flourished in Florida in
a compressed time period, starting in 1917 when Pittsburgh
architect Richard Kiehnel (1870-1944) began
designing...Kehnel was working on El Jardin in Miami
(Coconut Grove) the architect Addison Mizner (1872-1933)
was designing the Everglades Club in Palm Beach. A
decade and a half later most architects had turned their
eyes to what we now call Art Deco.
Possess hiqh artistic values:
By its nature as a modest commercial structure, this one
story building is not grandiose, but admirably reflects the
artistic values and design influences of its time - with a
dash of charm.
This commercial building is an outstanding example of the
Spanish Mediterranean style of architecture popular in the
1920's.
Represent the work of a master. serve as an outstandinq or
representative work of a master desiqner. architect or
builder who contributed to our historical. aesthetic or
architectural heritaqe;
The Architect for this building - Fred Koepfler is a little
known architect who practiced in Miami Beach in the
1920's. His buildings were designed in the Spanish
Mediterranean architectural style popular in the 1920's. His
animated designs for the multi-family apartment
buildings still existing at 1611 Michigan Avenue and the
Fenimore Apartments at 1200 Euclid Avenue are most
typical of that period and feature a rich array of decorative
elements.
Have vielded, or are likelv to vield information important in
pre-history or historv;
This building plays an important role in defining the
commercial and residential development of this area in
the early years of Miami Beach. The property is located in
the first recorded subdivision in Miami Beach. Having
been constructed in 1928 the building has served ifs
neighborhood for almost 90 years.
Historic designation of the property and preseruation of the
building will ensure that the historical record remains intact.
Be listed in the National Reoister of Historic Places:
Although this structure is not presently listed in the
National Register of Historic Places, it appears to have
clear potential to be determined to be eligible for inclusion
(5)
(6)
(7)
464
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6,2015 page 6ot 7
within the adjacent Miami Beach National Register
Architectural District.
(8) Consist of a qeooraphicallv definable area that possesses
a siqnificant concentration of sites. buildinqs or structures
united bv historicallv sionificant past events or aestheticallv
bv plan or phvsical development. whose components mav
lack individual distinction;
Not applicable to an individual historic sife desrgnation.
(b) A buildinq, structure (includinq the public' portions of the interior),
improvement or landscape feature mav be desiqnated historic even if it
has been altered if the alteration is reversible and the most siqnificant
architectural elements are intact and repairable.
While some alteration had been made over the years through
examination of historic photos, the building retains many of its significant
architectural elements. ln many of the historic photographs the front
facade is boarded over with various srgns hung in front of the architectural
elements - fhus ironically in mosf cases protecting the historic
arch itectural el e m e nts be h i nd.
PLANNING BOARD REVIEW
On March 24, 2015, the Planning Board
proposed designation Ordinance to
recommendation.
by a vote of (5-0, 1 absent) transmitted thethe City Commission with a favorable
ANALYSIS
ln accordance with responses to all the review criteria listed in prevlous sections of this
report, it is apparent that the building is consistent with the applicable historic
designation and Planning Board review criteria. The Designation Report (Attached as
Appendix "A") describes the significance of the building and of the neighborhood in
which it is located.
The proposed designation of the 36 Ocean Drive Historic Site will not create any
negative impacts for the surrounding areas and is appropriate to protect the aesthetic,
architectural, and historical importance of the South of Fifth Neighborhood. The positive
social and economic impact that preservation has had on the revitalization of Miami
Beach is well known. Local residents, as well as visitors from around the world, are
seeking the very special urban character of Miami Beach that the Planning Department
seeks to preserve. Further, alterations are permitted to historic structures provided that
the changes are found to be appropriate by the Historic Preservation Board.
CONCLUSION
The Administration recommends that the City Commission accept the recommendation
of the Historic Preservation Board and Planning Board and approve the Ordinance at
FirstFffrdinq and set a Second Reading Public Hearing for June 10,2015
,,i,M**,ri
f,thtiA(t#laUO15\3-24-15U236 - 36 Ocean Drive - Ordinance\City Commission\36 Ocean Drive - Historic Site Designation - Memo.docx
I
465
Commission Memorandum
Local Historic Site Designation -36 Ocean Drive
May 6,2015 Page 7 ot 7
Exhibit A
36 Ocean Drive
466
APPENDIX "A''
DESIGNATION REPORT
36 OCEAN DRIVE
MIAMI BEACH, FLORIDA
467
36 OCEAN DRIVE DESIGNATION REPORT
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REPORT
36 OCEAN DRIVE
MIAMI BEACH, FLORIDA 33139
H!STORIC SITE DESIGNATION
PREPARED BY
ARTHUR MARCUS ARCHITECT
18OO NORTH ANDREWS AVENUE #7F
FORT LAUDERDALE, FLORIDA 33311
www.arthurmarcus.com
tele: 305-467 -6141
January 2,2015
468
36 OCEAN DRIVE DESIGNATION REPORT
'I
lt t
I / ll\ ; I lt*
REPORT
36 OCEAN DRIVE
MIAMI BEACH, FLORIDA 33139
HISTORIC SITE DESIGNATION
PREPARED BY
ARTHUR MARCUS ARCH ITECT
18OO NORTH ANDREWS AVENUE #7F
FORT LAUDERDALE, FLORIDA 33311
www.arthurmarcus.com
tele: 305-467-6141
FOR THE
CITY of MIAMI BEACH HISTORIC PRESERVATTON BOARD
CITY of MIAMI BEACH PLANNTNG BOARD
CITY of MIAMI BEACH COMMTSSTON
PREPARED FOR:
36 OCEAN DRIVE HOLDINGS LLC
157 COLLINS AVENUE
MIAMI BEACH, FLORIDA 33139
January 2,2015
469
1.
2.
3.
4.
5.
6.
7.
36 OCEAN DRIVE DESIGNATION REPORT
TABLE of CONTENTS
DESIGNATION REQUEST
DESIGNATION PROCESS
RELATION TO ORDINANCE CRITERIA
GENERAL DESCRIPTION OF BOUNDARIES
GENERAL DESCRIPTION OF SITE IN CURRENT CONDITION
PRESENT OWNERS
PRESENT USE
PRESENT ZONING
HISTORICAL BACKGROUND
ARCH ITECTURAL BACKGROU ND
PLANNING CONTEXT
EXH]BITA . 2O14AERIAL NEIGHBORHOOD PHOTOGRAPH
EXHIBIT B - MIAMI BEACH 1932
EXHIBIT C - OCEAN BEACH HISTORIC DISTRICT
EXHIBIT D - HISTORIC PHOTOGRAPHS
EXHIBIT E - HISTORIC PHOTOGRAPHS
EXHIBIT F - HISTORIC PHOTOGMPHS
EXHIBIT G .2014 PHOTOGRAPHS
EXHIBIT H - 2014 PHOTOGRAPHS
EXHIBIT J - ARCHITECTURAL DETAIL PHOTOGRAPHS
EXHIBIT K - AERIAL PHOTOGMPHS
EXHIBlT L - AERIAL PHOTOGRAPHS
EXHIBIT M - BUILDING CARD
EXHIBIT N - BUILDING RENOVATION PLANS
PLANNING DEPARTMENT RECOMMENDATIONS
BOARD ACTION
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1.
36 OCEAN DRIVE DESIGNATION REPORT
DESIGNATION REQUEST
The applicant 36 OCEAN DRIVE HOLDTNGS LLC requests the
designation as an individual historic site of the property containing a one
story commercial building located at 36 ocean Drive (the "property") and
amendment of the Land Development Regulations and Zoning Map of
the city of Miami Beach (the "city") to reflect historic designation. see
Exhibit A - Location Map.
DESIGNATION PROCESS
The process of historic designation is delineated in sections 11s-591
through 118-593 in sub-part B of the Land development Regulations of
the City Code (Chapter 118, Article X, Division 4) An oufline of the
process is delineated below:
Step One: A request for designation is made either by the City
Commission, The Historic preservation Board, other
agencies and organizations as listed in the Land
Development Regulations of the City Code, or the
property owners involved. Proposals for designation
shall include a completed application for the planning
Department.
Step Two:The Planning department prepares a preliminary
evaluation report with recommendations for
consideration by the Board.
Step Three: The Historic Preservation Board considers the
preliminary evaluation to determine if proceeding with a
designation report is warranted.
The designation report is an historical and architectural
analysis of the proposed district or site. The report:
1) describes the historic, architectural and/or
archeological significance of the property or
subject area proposed for Historical Site or
District designation.
lt.
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35 OCEAN DRIVE DESIGNATION REPORT
2) recommends Evaluation Guidelines to be used
by the Board to evaluate the appropriateness
and compatibility of the proposed Developments
affecting the designated Site or District, and
3) will serve as an attachment to the Land
Development Regulations of the City Code.
step Four: The Designation Report is presented to the Historic
Preservation Board at a public hearing. lf the Historic
Preservation Board determines that the proposed site
or district satisfies the requirements for designation as
set forth in the Land development regulations of the
City Code, The Historic Preservation Board transmits a
recommendsfion in favor designation to the planning
Board and City Commission.
Step Five: The Planning Board will hold a public hearing the
proposed designation, and shall consider the
proposed historic designation as an amendment to the
Land development Regulations of the City Code and,
subsequently, transmit its recommendation to the City
Commission.
Step Five: The Planning Board will hold a public hearing on the
proposed designation, and shall consider the proposed
historic designation as an amendment to the Land
development regulations of the City Code and,
subsequently, transmit its recommendation to the City
Commission.
Step Six:The City Commission may adopt an amendment to the
Land Development Regulations of the City Code which
thereby designates the historic Preservation site or
Historic District after (1) public hearing for a parcel of
land less than 10 contiguous acres or after (2) public
hearings for a parcel of land which is more than (10)
contiguous acres.
RELATION TO ORDINANCE CRITERIA
1. In accordance with section 118-592 in the Land Development
Regulations of the City Code, eligibility for designation is
determined on the basis of compliance with the listed criteria set
forth below.
472
(a)
36 OCEAN DRIVE DESIGNATION REPORT
The Historic Preservation Board shall have the authority
to recommend that properties be designated as historic
buildings, historic structures, historic improvements,
historic landscape features, historic interiors
(architecturally significant public portions only), historic
sites or historic districts if they are significant in the
historical, architectural, cultural, aesthetic or
archeological heritage of the city, the county, state or
nation. Such properties shall possess an integrity of
location, design, setting, materials, workmanship,
feeling or association and meet at least one (1)of the
following criteria:
(1) Association with events that have made a
significant contribution to the history of the city,
the county, state or nation;
(2) Association with the lives of persons significant
in the city's past history;
(3) Embody the distinctive characteristics of an
historical period, architectural or design style or
method of construction;
(4) Possess high artistic values;
(5) Represent the work of a master, serye as an
outstanding or representative work of a master
designer, architect or builder who contributed to
our historical, aesthetic or architectural heritage
(6) Have yielded, or are likely to yield information
important in pre-history or history;
(7) Be listed in the National Register of
Historic Places
(8) Consist of a geographically definable area that
possesses a significant concentration of site,
buildings or structures united by historically
significant past enter or aesthetically by plan or
physical development, whose components may
lack individual distinction.
473
2.
36 OCEAN DRIVE DESIGNATION REPORT
(b) A building, structure (including the public portions of the
interior improvement or landscape feature may be
designated historic even if it has been altered if the
alteration is reversible and the most significant
architectural elements are intact and repairable.
The property is eligible for designation as an historic site as it
complies with the criteria as specified in Section 118-Sg2 in the
Land Development Regulations of the City Code ouflined above.
(a) The Property is eligible for historic designation and in
conformance with the designation criteria for the
following reasons:
(1) Association with events that have made a
significant contribution to the history of the city.
county. state or nation.
The property is located in the first recorded sub-
division in Miami Beach. Designed int eh
Spanrsh / Mediterranean architectural style, this
one story commercial building was par to the
original building stock of the city and is now the
last remaining original building on ifs block of
Ocean Drive.
By the mid 1920's this stretch of Ocean Drive
and Collins Avenue constituted one of several
nodes of commercial activity within the City of
Miami Beach.
This neighborhood contained up to five bathing
Caslnos catering to many day-trippers from eh
mainland. Small one story commercial buildings
were developed on Collins to cater to the
immense pedestrian traffic in the area seruing
the Casinos and Dog Track. lt is interesting to
note that the Building Card sfafes that the
building was to provide "sfores and living
quarters."
The demographic ares south of Sixth Sfreef
which possess a significant concentration of
buildings and sifes that are unified by the
historical development Ocean Beach as a vibrant
but modesf seaslde resoft, abundant with
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36 OCEAN DRIVE DESIGNATION REPORT
enticing recreational amenities for the working
c/ass, and unusually welcoming to persons of
Jewish heritage."
(2) Association with the lives of persons significant
in the city's past history:
ln 1912 two Miami bankers, John N. Lummus and
James E. Lummus, formed the Ocean Beach Realty
Company and platted a small ocean-facing portion of
their land at the southern tip of Miami Beach.
ln South Beach the Ocean Beach Realty Company
assembled the traditional elements of a seaside resort
city: an 'oceanfront'boardwalk'as the setting for an
architectural promenade ;'bathing casinos' built along
the ocean; an entertainment pier and a mix of homes,
hotels and boarding houses."
(3) Embody the distinctive characteristics of an
historical period. architectura! or design style or
method of construction:
This commercial building is an outstanding
example of the Spanish meiterrranean style of
architecture popular in the 1920's. lt's simple
materials and detailing are balanced in a
symmetrically simple one story structure
utilizing the structure and the masonry
downspoufs as fhe decoration.
The desire to transform Miami Beach into a
Mediterranean city corresponded with the ascendancy
of the Mediterranean revival style in Florida....lts
appearance in Florida was contemporary with the
Spanish Colonial style popular in the early twentieth
century
Spanr'sh Mediterranean architecture was the "style of
choice" for the first major boom period in Ocean
Beach. lts connotation of Mediterranean resort
a rch ite ctu re, co m b i n i n g exp re ssi o n s of lta I i a n,
Moorish, North African and Southern Spanish themes,
was found to be an appropriate and commercialty
appealing image for the new Floridian seasrde resort.
475
36 OCEAN DRIVE DESIGNATION REPORT
During the mid 1910s through the early 1930s the style
was applied to hotels, apaftment buildings, commercial
structures, and even modest resrUences. /fs
architectural vocabulary was characterized by stucco
walls, low pitched terra cotta and historic Cuban tite
roofs, arches, scrolled or tile capped parapet walls and
articulated door surrounds, sometimes utilizing
Spanrsh Baroque decorative motifs and Classical
elements. Featured detailing u/as occasionalty
executed in keystone.
Spanish Med ite rrane an arch itectu re fl ou ri shed i n
Florida in a compressed fime period, starting in 1g17
when Pittsburgh architect Richard Kiehnel (1570-1944)
began designing...Kehnelwas working on El Jardin in
Miami (Coconut Grove) the architect Addison Mizner (
1872-1933) was designing the Everglades Club in
Palm Beach.. A decade and a half later most architects
had turned their eyes to what we now callArt Deco..
(4) Possess high artistic values:
By its nature as a modest commercial structure,
this one story building is not grandiose, but
admirably reflects the artistic values and design
influences of its time - with a dash of charm.
This commercial building is an outstanding
example of the Spanish Mediterranean style of
architecture popular in the 1920's.
(5) Represent the work of a master. serve as an
outstanding or representative work of a master
designer. architect or builder who contributed to
our historical. aesthetic or architectural heritage
The Architect for this building - Fred Koepfler is
a liftle known architect who practiced in Miami
Beach in the 1920's. His buildings were
designed in the Spanish Mediterranean
architectural style popular in the 1920's. His
animated designs for the multi-family apartment
buildings still existing at 1611 Michigan Avenue
and the Fenimore Apartments at 1200 Euclid
Avenue are most typical of that period and
feature a rich array of decorative elements..
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36 OCEAN DRIVE DESIGNATION REPORT
(6) Have yielded. or are likely to yield information
important in pre-history or history;
This building plays an important role in defining
the commercial and residential development of
this area in the early years of Miami Beach.
The property is located in the first recorded
subdivision in Miami Beach. Having been
constructed in 1928 the building has seryed ifs
neighborhood for almost 90 years.
Historic designation of the property and
preseruation of the building will ensure that the
historical record remains intact.
(7) Be listed in the National Register of
Historic Places
Although the structure is not presently listed in
the National Register of Historic Places, it
appears to have clear potentialto be determined
to be eligible for historic designation.
The only reason that the building was not
originally included within the boundaries of the
Ocean Beach Historic District were then current
politicalreasons. The edges of the proposed
historic district back in 1995 or so were
gerrymandered in order to satisfy numerous
competing yrsions and obtain the necessary
yofes for the district.
(8) Consist of a geographically definable area that
possesses a significant concentration of site.
buildings or structures united by historically
significant past enter or aesthetically bv plan or
physical development. whose components may
lack individual distinction.
Not applicable to an individual historic site
designation.
10
477
36 OCEAN DRIVE DESIGNATION REPORT
(b) A building. structure (including the public portions of the interior
imProvement or landscape feature may be designated historic
even if it has been altered if the alteration is reversible and the
most significant architectural elements are intact and repairable.
While some alteration had been made over the years through
examination of historic photos, the building retains many of its
significant architectural elements,
ln many of the historic photographs the front facade is boarded
over with various signs hung in front of the architectural
elements - thus ironically in most cases protecting the historic
arch itectu ral e I em e nts be h i nd.
lV. GENERAL DESCRIPTION of BOUNDARIES
The property is a 50' x 150' rectangular lot located mid-block on Collins
Avenue between South Point Drive and 1st Street in the City of Miami
Beach. This property is in the midst of new development on all sides as
can be seen in the included photographs elsewhere in this report.
Folio Number: 02-4203-003-0040
Legal Description: Ocean Beach Fla Sub pB-38; Lot 4 Blk 1
Owner: 36 Ocean Drive Holdings LLC
Sub-Division: Ocean Beach Florida Sub-Division
Lot Size: 5,750 SF
Year Built: 1928
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36 OCEAN DRIVE DESIGNATION REPORT
V. GENERAL DESCRIPTION OF THE SITE IN CURRENT CONDITION
The Property contains a one story commercial structure that covers the
front portion of the property facing ocean Drive. Designed by the
Architect Fred Kloepfler and built in 1928 according to the Buitding Card,
the original building was a simple rectangle.
tfts+.ss;
The building facade facing Ocean Drive is split into a tripartite
composition, with two full-height glazed retail windows with concrete
knee-wall at each side of a central main entrance. The entire design is
very symmetrical and centered upon the masonry arch above the main
entrance.
The roofline is notable for the two rows of continuous spanish tile
interrupted only by the four vertical columns. And even the roof drains
become part of the overall design.
The year 1928 was pivotal for architects of that time. They reried upon
the popular spanish mediterranean style, yet this was by now looking
quite formulaic. At the same time the 1925 Exposition des Arts Decoratifs
had ignited the art deep craze which was to soon transform Miami Beach
during the 1930's.
36 Ocean Drive expresses this duality of vision with the strong structural
statement of the four vertical columns which alludes to the expression of
structure as design - balanced by the more delicate spanish med details
at the central arch and the roofline tile detailing.
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479
35 OCEAN DRIVE DESIGNATION REPORT
VI. PRESENT OWNER
The present Owner of the Property is the Applicant:
36 Ocean Drive Holdings LLC
who has owned this property since 12.12.2013
VII. PRESENT USE
The building has served several noted restaurants in past years and the
Owners intend to continue to use the building as a restaurant.
VIII. PRESENT ZON]NG
Zoning classification for this property is: c-ps1- city of Miami Beach
IX. HISTORICAL BACKGROUND
Mlami Beach was so very different back in 1928 when this simple one
story building fronting on Ocean Drive was constructed.
Designed by the Architect Fred Kloepfler in 1928, this building was actually part
of a larger retail structure noted on the Building Card as being 34, 36, 38 & 40
Ocean Drive. Renovations on the Building Card also attest to all of these
address numbers.
The neighborhood surrounding this building location was once of the city's then
local 'epicenters'of activity...with three Bathing Houses within a three block
walk on Ocean Drive plus the Dog Track and Joe's Stone Crab just around the
corner.
"Situated at the southern tip of present day Miami Beach and surrounded by a
magnificent expanse of tropical blue water and boundless sky, Ocean Beach
became a magnet for pioneer tourists and adventurous residents of fledgting
Miami in the early twentieth century." (1)
"The Ocean Beach Historic District includes parts of the originat Ocean Beach
Subdivision platted in 1912 and parts of Ocean Beach Additions 3 and 4 platted
in 1914, as well as part of the Friedman and Cope Subdivision ptatted in 1g17.
The location of these boundaries has been determined through careful
investigation and research of building records. The demographic areas south of
Sixth Street which possess a significant concentration of buitdings and sites
that are united by the historical development of Ocean Beach as a vibrant but
modest seaside resort, abundant with enticing recreational amenities for the
working class, and unusually welcoming to persons of Jewish heritage." (2)
13
480
36 OCEAN DRIVE DESIGNATION REPORT
"By 1912, this idyllic aquatic resort area had begun to attract the interest of a
cast of personalities who would, in their own ways, play important roles in the
development of Miami Beach as a destination in the sun." (3)
"The first planning act occurred in 1912, when two Miami bankers, John N.
Lummus and James E. Lummus, formed the ocean Beach Reatty company
and platted a small ocean-facing portion of their land at the southern tip of
Miami Beach." (4)
"...as late as 1917, Miami Beach was described as a wilderness. /f was a sub-
tropical barrier island comprising three interrelated ecosystems; a beach along
the Atlantic ocean-front that merged with the dunes and the remnants of eartier
coconut tree plantings; a low scrub forest in the interior; and a belt of
mangroves facing Biscayne Bay on its west side." (S)
"ln South Beach the Ocean Beach Realty Company assembled the traditional
elements of a seaside resort city: an 'oceanfront'boardwalk'as the setting for
an architectural promenade;'bathing casinos'built along the ocean; an
entertainment pier and a mix of homes, hotels and boarding houses." (6)
"During the 1920's and 1930's ocean Beach south of 6th street became a
thriving seaside resort and recreational.area. The 1935 Franklin Suruey of
Miami Beach records several substantial recreationatfacitities" - inctuding: (7)
* Hardie's Beach casino - on the ocean between 1st and 2nd streets.* The Biscayne PlazaTheatre at the SW corner Biscayne Street & Collins Ave.* Collins Arcade at SE corner 1st Street & Ocean Drive. Dixie Bath House at SE corner 1st Street and Ocean Drive* The Grandstand and club house at collins Ave & Government cut.* The Mlami Beach kennel club Racetrack at the foot of ocean Drive on
Biscayne Street.* Cook's Casino SE corner Sth Street and Ocean Drive. Million Dollar Pier on the ocean at the east end of Biscayne street* Mlnsky's Burlesque on Million Dollar Pier
"Ocean Beach below Sixth Street was clearly not buitt for the social etite as
areas further north were. The Lummus brothers development philosophy was to
build a modest resort community by the sea welcoming to the common man.
The small scale and simplicity of the architecture is reflective of this attitude and
is a significant characteristic of the area. The generatty modest Art Deco and
Mediterranean Revival hotels on the east side of ocean Beach were
complemented by simple Bungalow blocks on the west side. Handsome two
and three story apartment houses reflecting their period of construction fitted
the center of ocean Beach. some of these were smail Art Deco gems." (g)
14
481
X.
36 OCEAN DRIVE DESIGNATION REPORT
"Eventually a strong Jewish retail, institutional and residential presence
manifested itself in Ocean Beach, especially along Washington and Coilins
Avenues and Ocean Drive. ln the middle decades of the twentieth century,
these streets were dotted with small Jewish businesses and apartments filled
with Jewish tenants.( 9) ln a two block area on Collins Avenue between Third
and Fifth Streets, for example, four Kosher markets and deticatessens later
opened to serue a growing clientele. TD. Allman, Miami - City of the
Future." (9)
ARCH ITECTURAL BACKGROU ND
The structure located at 36 Ocean Drive in Miami Beach was designed by the
architect Fred Kloepfler and built in 1928 and is a good example of mid-1g20's
Spanish -Mediterranean commercial architecture.
It is the sole remaining original structure left on its block fronting onto Ocean
Drive. The building itself is a fairly typical representation of a retail / restaurant
structure of that era in the Spanish / Mediterranean style with an elegant
roofline and simple detailing of technical elements like roof spouts..
The building size is noted as being 5o'-0'at front and 50'-0" depth. The original
building cost is noted as $9,000.00. Several notable restaurants have lately
occupied this building including Taverna Opa and Phillippe. ln past years this
building has also housed establishments such as the Ocean Drive Restaurant
in 1962, Happy Apple Juice Bar in 1972 and the 'This & That Store' in
1976..according to the Building Card.
The front elevation facing Ocean Drive features large picture windows flanking
a central door entrance. The simple Mediterranean detailing includes selected
use of Spanish roof tiles as well as utilizing the roof downspouts as decorative
elements to match the tiles at the front elevation.
Very little is known or could be researched and discovered about the Architect
Fred Kloepfler. The city of Miami Beach Building Department / Records Desk
did supply the Building Card listing Fred Kloepfler as the architect of this
building along selected renovation drawings over the years by other architects.
I spoke with Miami Beach Historian Carolyn Klepser who did not have any
additional information on this architect, although she stated that in addition to
36 Ocean Drive that the following four properties are attributed to this Architect:
. 12OO Euclid Ave Fenimore Apartments* 900 6th Street Esplanade (demolished). 3958 Chase Avenue Residence 1925* 1611 Michigan Ave 1925
15
482
36 OCEAN DRIVE DESIGNATION REPORT
SPANISH / MEDITERRANEAN STYLE ca. mid 1e10s - earty 1e30
"The desire to transform Miami Beach into a Mediterranean city corresponded
with the ascendancy of the Mediterranean revivat style in Florida. ...lt,s
appearance in Florida was contemporary with the Spanish Cotonial style
popular in the early twentieth century and evoked notabty at San Diego's lgls
Panama-California exposition. " (1 B)
"Architects and developers working in Ftorida were quick to see the value of
imposing the template of a stylistically unified and regionalty appropriate civic
art into its growing new cities. The Mediterranean Revivaldefined the styte of
the 1920's in Miami Beach, and because it arso embodied new planning
paradigms, set the stage for the modern city of the next decade.,, (1g)
Spanish Mediterranean architecture was the "style of choice" for the first major
boom period in ocean Beach. lts connotation of Mediterranean resort
architecture, combining expressions of ltalian, Moorish, North African and
Southern Spanish themes, was found to be an appropriate and commercially
appealing image for the new Floridian seaside resort.
During the mid 1910s through the early 1930s the style was applied to hotels,
apartment buildings, commercial structures, and even modest residences. lts
architectural vocabulary was characterized by stucco walls, low pitched terra
cotta and historic Cuban tile roofs, arches, scrolled or tile capped parapet walls
and articulated door surrounds, sometimes utilizing spanish Baroque
decorative motifs and Classical elements. Featured detailing was occasionally
executed in keystone.
Application of the architectural vocabulary in Ocean Beach ranged from sparing
to modestly exuberant, and building massing varied from simple rectangular
form to stepped massing with recessed wall planes and tower-like comer
features. Wooden casement or double hung windows of several configurations
provided additional detail to the facades.
"lt was intended largely, to look spanish, but it wasnT spanish; it was a
composite of Spanish Renaissance, Andalusian Moorish, Tuscan, venetian,
and Roman architectural elements, with allusions to classical Greece, Baroque
France and virtually any other place or era that seemed to fit." (3)
"Mediterranean Revival architecture ftourished in Ftorida in a compressed time
period, starting in 1917 when Pittsburgh architect Richard Kiehnel (tB7O-1944)
began designing...Kiehnel was working on Et Jardin in Miami (Coconut Grove)
the architectAddison Mizner (1572-1933) was designing the Everglades Ctub in
Palm Beach.. A decade and a half tater most architects had turned their eyes to
what we now callArt Deco.." (4)
16
483
xt.
36 OCEAN DRIVE DESIGNATION REPORT
PLANNING CONTEXT
Cities evolve and change over time due to an array of circumstances. Historic
Site designation will aid in the achievement of preserving the character and
architectural integrity of historic buildings for future generations, and will help
to protect historic buildings, streetscape and open space for inappropriate or
undesirable alterations. The review and approval of projects for historic sites
under the City's Design Guidelines and the Historic Preservation Ordinance will
ensure smart development which is sensitive to the unique aesthetic character
of the sites and respectful of their early origins.
BIBLIOGRAPHY NOTES
(1) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995, p. 11
lbid., p. 7.
lbid., p. 13.
The Making of Miami Beach 1933-1942 byAllan T. Shulman and Jean Francois LeJeune,
2000, p.8.
(5) tbid.(6) lbid., p.16
(7) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995 p.14(8) lbid., p.17.
(e) rbid.
(10) lbid., pp. 18-19.
(11) lbid., p.19.
(12) rbid.
(13) Arthur Marcus, "Ocean Beach Historic District: CMB Historical Data Base Expansion
Committee 'Report". p-2.) part of City of Miami Beach Historic District Designation
Report for the Ocean Beach Historic District, Octobel 19g5(14) City of Miami Beach Historic District Designation Report for the Ocean Beach Historic
District, October, 1995 p.19.
(15) lbid., pp. 18 - 1e
(tO) Progressive Architecture Magazine, "Miami" August 19g0, p.62.(17) City of Miami Beach Historic District Designation Report foi tne Ocean Beach Historic
District, October, 1995, p. 13
(18) The Making of Mlami Beach 1933-1942 by Jean Francois LeJeune and Allan t. Shulman
pp.2O-21.
(19) 'lnventing Antiquity: The Art and Craft of the Mediterranean RevivalArchitecture" by Beth
Dunlop in the Journal of Decorative and propaganda Arts 23 (199g): p.191.(20) lbid., p. 1e2.
(21) Minsky's Burlesque courtesy of HistoryMiami
(22) Smith's Casino", 1927 courtesy HistoryMiami
XIV.
(2)
(3)
(4)
17
484
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBITS
18
485
36 OCEAN DRIVE DESIGNATION REPORT
EXHIBITA: 2014 AERIAL PHOTOGRAPH COURTESY GOOGLE EARTH
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486
36 OCEAN DRIVE DESIGNATION REPORT
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STEARNS IN 1932 COURTESY CAROLYN KLEPSER'LOST MIAMI BEACH'P. 47.
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36 OCEAN DRIVE DESIGNATION REPORT
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EXHIBIT F: ABOVE & BELOW:2012 PHOTOGRAPHS
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PLANNING DEPARTMENT RECOMMENDATIONS
1. Criteria for Desiqnation: The Planning Department finds the structure located at 36
Ocean Driveto be in compliancewith the Criteriafor Designation listed in Section 118-
592 in the Land Development Regulations of the City Code.
2. Site Boundaries: At its February 10,2015 meeting, the Historic Preservation Board
reviewed the Historic Designation Report and adopted the site boundary
recommendations of the Planning Department for the proposed designation of 36 Ocean
Drive, as Lot 4 less the easterly 15.00 feet of Block 1 of Ocean Beach Fla Subdivision,
According to the Plat Thereof, as Recorded in Plat Book 2, Page 38, of the Public
Records of Miami-Dade County, Florida.
3. Areas Subiect to Review: The Planning Department recommends that the areas
subject to review shall include all exterior building elevations, public interior spaces, and
site and landscape features located within the proposed site boundaries of 36 Ocean
Drive.
4. Review Guidelines: The Planning Department recommends that a decision on an
application for a Certificate of Appropriateness shall be based upon compatibility of the
physical alteration or improvement with surounding properties and where deemed
applicable in substantial compliance with the following:
a. The Secretarv of the lnterio/s Standards for Rehabilitation and Guidelines for
Rehabilitatino Historic Buildinos, as revised from time to time;
b. Other guidelines/policies/plans adopted or approved by resolution or
ordinance by the City Commission;
c. All additional criteria as listed under Section 118-564 (b) in the Land
Development Regulations of the City Code;
d. City of Miami Beach Design Guidelines as adopted by the Joint Design
RevieWHistoric Preservation Board on October 12, 1993, amended June 7,
1994, as may be revised from time to time.
BOARDACTION
At its January 13,2015 meeting, the Historic Preservation Board reviewed the preliminary
evaluation report and directed staff to prepare a Designation Report relative to the individual
historic site designation of 36 Ocean Drive.
On February 10, 2015, the Historic Preservation Board reviewed a Designation Report
relative to the historic designation of 36 Ocean Drive as a local historic site and approved a
motion (7 to 0) to recommend approval of the designation of the proposed 36 Ocean Drive
Historic Site to the City Commission.
On March 24,2015, the Planning Board reviewed a Designation Report relative to the historic
designation of 36 Ocean Drive as a local historic site and approved a motion to recommend
approval of the designation to the City Commission.
507
36 OCEAN DRIVE. HISTORIC SITE DESIGNATION
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE MIAM! BEACH GITY CODE; BY AMENDTNG
sEcTtoN 118-593(E), ENTTTLED "DELINEATION ON ZONING MAp,, By
DESIGNATING ONE OR MORE BUILDINGS AT 36 OCEAN DRIVE AS A
HISTORIC SITE TO BE KNOWN AS "36 OCEAN DRIVE HISTORIC SITE,"
AS MORE PARTICULARLY DESCRIBED lN THE ORDINANCE; PROVIDING
THAT THE CITY'S ZONING MAP SHALL BE AMENDED TO INCLUDE 36
OCEAN DRIVE AS A HISTORIC SITE; ADOPTING THE DESIGNATION
REPORT ATTACHED TO THE STAFF REPORT AS APPENDIX ''A";
PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE; REPEALER; SEVERABILIW; AND
AN EFFECTIVE DATE.
WHEREAS, on February 10, 2015, the City's Historic Preservation Board held a public
hearing and voted unanimously (7-0) in favor of recommending that the City Commission
designate 36 Ocean Drive, as a Historic Site; and
WHEREAS, on March 24,2015 the City's Planning Board held a public hearing to
consider the proposed designation; and
WHEREAS, the City of Miami Beach Planning Department has recommended this
amendment to the Land Development Regulations of the City Code; and
WHEREAS, these recommendations of approval for the designation of 36 Ocean Drive
as a Historic Site were based upon the information documented in the Designation Report
prepared by the City of Miami Beach Planning Department attached hereto as Appendix "A."
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DESIGNATION OF 36 OCEAN DRIVE AS A HISTORIC SITE.
That the certain area located on Lot 4, Block 1 of Ocean Beach Fla Subdivision, According to
the Plat Thereof, as Recorded in Plat Book 2, Page 38, of the Public Records of Miami-Dade
County, Florida; and having the legal description as described herein, is hereby designated as a
Historic Site of the City of Miami Beach and shall be known as "36 Ocean Drive." That the
Designation Report attached hereto as Appendix "A" is hereby adopted.
SECTION 2. AMENDMENT OF SUBSECTION 118-593(E).
That Subsection (e), entitled "Delineation on Zoning Map," of Section 1'18-593, entitled "Historic
Preservation Designation," of Division 4, entitled "Designation," of Article X, entitled "Historic
Preservation," of Chapter 118, entitled "Administration and Review Procedures," of Subpart B of
the Land Development Regulations of the City Code is hereby amended to read as follows:
508
*ra*
Ghapter 118. Administration and Review Procedures
***
Article X. Historic Preservation
***
Division 4. Designation
***
Section 1 18-593. Historic Preservation Designation.
***
(e) Delineation on zoning map. All sites and districts designated as historic sites and
districts shall be delineated on the city's zoning map, pursuant to section 142-71,
as an overlay district. Such sites and districts include:
(1) Historic preservation sites (HPS).
***
n. CPS-1/HPS-14: 36 Ocean Drive. as more particularlv described as Lot 4,
Block 1 of Ocean Beach Fla Subdivision, Accordino to the Plat Thereof,
as Recorded in Plat Book 2. Paqe 38. of the Public Records of Miami-
Dade Countv. Florida.
SECTION 3. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 4. AMENDMENT OF ZONING MAP.
That the Mayor and City Commission hereby amend the Zoning Map of the City of Miami Beach
as contained in the Land Development Regulations of the City Code by identifying the area
described herein as HPS-14, Historic Preservation Site 14.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 6.SEVERABILITY.
509
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SEGTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
-ft- (5
Date
First Reading: May 6, 2015
Second Reading: June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Str+*etnreush denotes deleted language
T:\AGENDA\2015\May\36 Ocean Drive - Historic Site Designation - ORD.docx
510
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance amendment that provides a definition for a unified
development site.
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 City to is "about the riqht amount."
ltem SuEqrary/Recommendation :
FIRST READING
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 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and 2) approve the attached Ordinance at
First Reading and set a Second Reading Public Hearing for June 10,2015.
On March 24, 2015, the Planning Board (vote of 5-0), transmitted the proposed Ordinance
amendment to the City Commission with a favorable recommendation. (Planning Board File No.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGEN DA\20 1 S\May\U nifi ed Development Site - First Readin g SUM.docx
AGENDA ITE]U
DATE
RS6-s-6-tfMIAMIBEACH511
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 of City mtsston
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 F!RST READING
SUBJECT: Definition of Unified Development S
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITYOF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,..ADMINISTRATION AND REVIEW PROCEDURES," ART!CLE I, "INGENERAL," sEcfloN 1i8-s, "uNtry oF TtrLE; covENANT tN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR
A GOVENANT !N LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT strE; pRovrDrNG FoR coDtFIcATtoN, REpEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and2) approve the attached Ordinance at First Reading and set a Second Reading public
Hearing for June 10,2015.
On June sth, 2013, at the request of Commissioner Tobin, the City Commission referreda discussion item to the Land Use and Development Commiftee, 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 ofa '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 therequirements and standards for a 'Covenant-tn-Lieu' by providing a definition for a"Unified Development Site."
512
Commission Memorandum
Definition of Unified Development Site
On September 10, 2014, the City Commission referred the subject Ordinance to thePlanning Board. on september 23, 2014, the planning Board (by a vote of 6-0)transmitted the proposed Ordinance to the City Commission with a favorable
recommendation.
On October 22, 2014, the City Commission, at First Reading, referred the Ordinance
back to the Land Use committee for further discussion and input.
On January 21, 2015 the Land Use 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 CommisJion referred both of these
items to the Planning Board.
On April 15,2015, the City Commission opened and continued the item related to the"Definition of Unified Development Site" to a date certain of May 6,2015 so that it couldbe heard with the companion item regarding Section 118-321 of the Land Development
Regulations.
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 npi-if f O,
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 118-5 of the City Code, and the proposed
transfer of development rights did not conform with the applicable Charter provision
1.03(c) or the Land Development Regulations. The Board of Adjustment concluded 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 Lieuof Unity of Tiile:
Miami Beach City Charter:
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratioof 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 overaltpolicymaking of the City, the protection of the historic character of the City's historic
districts, and the careful planning regulation of grovuth and development.
This Charter provision does include an exception for the division of lots, "@
permitted bv ordinance." The ordinance referreO to is Section ttA+ of the La"d
Development Regulations of the City Code, which discusses unities of tifle, or covenantsin 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 - Unity of Title: Covenant in Lieu Thereof
513
Commission Memorandum
Definition of Unified Development Site
May 6, 201 5 Page 3 ot 5
When a development is proposed over multiple lots, or multiple buildings are proposed
for single or multiple lots, certain documents must be executed to combine the lots or
buildings for zoning purposes. As stated above, these documents may have floor area
implications. Under Section 118-5(a), a Declaration of Restrictive Covenants in Lieu of
Unity of Title must contain the following elements:
1. That the subject site will be developed in substantial accordance with the
approved site plan, after one has been submitted and approved under the city's
land development regulations. That no modification shall be effectuated without
the written consent of the then owne(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 covenantat 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.
2. That if the subject property will be developed in phases, that each phase will be
developed in substantial accordance with the approved site plan.
3. That in the event of multiple ownerships subsequent to site plan approval that
each of the subsequent owners shall be bound by the terms, prwisions 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 otherparties unless and until the owner and such other party or parties shail 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 parcel for the passage and
parking of vehicles;c. Easements in the common area of each parcel for the passage and
accommodation of pedestrians;
d. Easements for access roads across the common area of [each] parcel to
public and private roadways;
e. Easements for the installation, use, operation, maintenance, repair,
replacement, relocation and removal of utility facilities in appropriate
514
Commission Memorandum
Definition of Unified Development Site
areas in each such parcel;f. Easements on each such parcel for construction of buildings and
improvements in favor of each such other parcel;
Easements upon each such parcel in favor of each adjoining parcel for
the installation, use, maintenance, repair, replacement and removal of
common construction improvements such as footings, supports and
foundations;
Easements on each parcel for attachment of buildings;
Easements on each parcel for building overhangs and other overhangs
and projections encroaching upon such parcel from the adjoining parcels
such as, by way of example, marquees, canopies, lights, lighting-devices,
awnings, wing walls and the like;
Appropriate reservation of rights to grant easements to utility companies;
Appropriate reservation of rights to road right-of-ways and curb cuts;
Easements in favor of each such parcel for pedestrian and vehicular
traffic over dedicated private ring roads and access roads; and
Appropriate agreements between the owners of the several parcels as tothe obligation to maintain and repair ail 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 parcets 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 11g-
5 as follows:
"A site where a development is proposed and consrsfs of muttipte lots, alllots 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 proposed
Ordinance attached.
g.
h.
i.
J.
k.
t.
515
Commission Memorandum
Definition of Unified Development Site
May 6, 2015 Page 5 of 5
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
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.
CONGLUS!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 set a Second Reading public
Hearing for June 10,2015.
,rffi^*/rrAB/RAM
T:\AGENDAUOlS\May\Unified Development Site - First Reading MEM.docx
516
DEFINITION OF UN!FIED DEVELOPMENT SITE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,.,ADMINISTRATION AND REV!EW PROCEDURES," ARTICLE I, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; COVENANT lN LIEU
THEREOF," BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A
COVENANT IN LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED
DEVELOPMENT SITE; PROVIDING FOR CODIFIGATION, REPEALER,
SEVERABILITY AND 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 IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1. Chapter llS, "Administration and Review Procedures," Article l, "ln General," of
the Land Development Regulations of the Code of the City of Miami Beach is hereby amended
as follows:
Sec. 1 18-5. 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 rioht of wav. A "Unified Development Site" does not include anv
lots separated bv a public rioht-of-wav or anv non-adiacent. non-contiquous parcels.
All applications for building permits where multiple buildings are proposed for a single lot or
where sing{e-€r-mu{+iple buildino(s) are proposed for a unified development site-eensistingref
ruttiple-lets, shall be accompanied by one of the following documents:
Fer purpeses ef thi+ subseetien, tfte ter
where develeprnent is
bv anether let: str
l of 5
517
(1) Unitv of Title. A unitv of title shall be utilized when there is solelv 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, or is
proposed for multiple ownership, includinq but not limited to a condominium form of ownership.
alse+alleC-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 su$eet-site unified development site shallwill be developed in substantial
accordance with the approved site plan; after ene has been submitted and appreved
O. +na+eNo modification shall be effectuated without the written consent of the then
owner(s) of the unified development site for which
modification is sought-r3
c. Standards for reviewino a modification. A modification mav be requested. provided
all owners within the original unified development site, or their successors, whose
consent shall not be unreasonably withheld, execute the application for modification.
I'he -anC-+he-director 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 hearino. This application shall be in addition to
all other required approvals necessarv for the modification souoht.
A minor modification ;-previ ien would not
generate excessive noise or traffic;r tend to create a fire or other equally or greater
dangerous hazard;, er-provoke excessive overcrowding of people;, e+ tend to
provoke a nuisance;r nor be incompatible with the area concerned when considering
the necessity and reasonableness of the modification in relation to the present and
future development of the area concerned. Sheuld the direeter withheld sueh
eity eemmissien ef Miami Beaeh Flerida' (whiehever by law has jurisdietien ever sueh
mattersl
prier-appreval+-an4 the affirmatien' medifieatien er release ef previeusly issued
@iens,
2ofS
518
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 approvals 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.
ge. +haliln the event of multiple ownerships subsequent to site plan approval that each
of the subsequent owners shall be bound by the terms, provisions and conditions of
the covenant in lieu of 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 betimitedto@:
i. Easements for in the common area(q) of each parcel for ingress to and egress
from the other parcels;
ii. Easements in the common area(q) 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 teaenlpareet 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
, n'r'"0 O"r"'oor"nt rite eraeh++reh+e+eelivi. Easements on each s.ueh 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
xiii. Appropriate agreements between the owners of the severa+pareets 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 aoreement shall contain such other
3of5
519
provisions with respect to the operation, maintenance and development of the
propertv as to which the parties thereto mav aoree. or the director mav require.
all to the end that althouqh the propertv mav have several owners. it will be
constructed, conveved, maintained and operated in accordance with the
approved site plan. The plannins 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
ether previsiens with respeet te the eperatien, maintenanee and develepment ef
the preperty as te whieh the parties therete may agree, er the direeter may
ith the
ips=
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.
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.
SECTION 4. SEVERABILIry.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
fd.
le
4of5
520
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
First Reading: May 6, 2015
Second Reading: June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rike+nreugn denotes deleted language
T:\AGENDA\201 S\May\Unified Development Site - First Reading ORD.docx
APPROVED AS TO
FORM AND LANGUAGE
City Attorney
SofS
521
THIS PAGE INTENTIONALLY LEFT BLANK
522
COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance amendment that clarifies the requirements anO standards for a
lot split to allow a change in the form of ownership without requiring a lot split.
lntended Outcome Su
Board Recommendation:
Financial
lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oe,vetoprnent anO
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to
Item Summary/Recommendation:
FIRST READING
The subject Ordinance would clarify 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. Additionally, text clean-up language modifications are proposed.
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 set a Second Reading Public Hearing for June 10,2015.
On March 24, 2015, the Planning Board (vote of 5-0), transmitted the proposed Odtnance
amendments to the City Commission with a favorable recommendation. (Planning Board File No.
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
budget.
Clerk's Office
T:\AGENDA\201S\May\Form of ownership-Lot Split Review - First Reading SUM.docx
Thomas Mooney
MIAMIBEACH AGEI{DA rrem Rf H
DArE f-6r(>523
MIAMIBEACH
Ciry of itiqmi Beoch, I200 Convenlion Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members oflthe City
FRoM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 FIRST READING
SUBJECT: Revision to Lot SpliUForm of Owner-ship
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE C!ry CODE, BY AMENDING CHAPTER 118,,.ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,..DIVISION OF LAND/LOT SPLIT", AT SECTION 118.321, ENTITLED..PURPOSE, STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY
THE REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
CHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR
UNIFIED DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN
INDIVIDUAL, OR VIA A COVENANT IN LIEU OF UNITY OF TITLE WITHOUT
REQUIRING A LOT SPLIT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION 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 set a Second Reading Public
Hearing for June 10,2015.
BACKGROUND
On September 10, 2014, the City Commission referred an Ordinance regarding a
definition for a "Unified Development Site" to the Planning Board. On September 23,
2014, the Planning Board (by a vote of 6-0) transmitted this 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 discussed the revised
Ordinance pertaining to Unified Development Sites. The Committee recommended that
the subject Ordinance, pertaining to ownership and covenants in lieu related to lot splits,
be referred to the Planning Board as a companion to the Ordinance defining a "Unified
Development Site." On February 11,2015, at the request of Commissioner Tobin, the
524
Commission Memorandum
Revision to Lot SpliUForm of Ownership
May 6, 2015 Page 2 ol 2
City Commission referred both of these items to the Planning Board.
ANALYSIS
While reviewing the proposed modifications of the Ordinance Amendment proposed for
Section 118-5 ("Unified Development Sites"), staff noticed an inconsistency with the
requirements of Section 118-321, pertaining to a "Division of Land and Lot Splits," as it
pertains to covenants in lieu of unity of title.
ln order to address this inconsistency, the subject Ordinance proposes modifications to
Section 118-321, in order to clarify 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.
ln addition to providing the aforementioned modification, the City Attorney'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 proposed
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
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 set a Second Reading Public
Hearing for June 10,2015.
,rffi**/MAB/RAM
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Revision to Lot SpliUForm of Ownership
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE lV, ,,DM|S!ON
OF LAND/LOT SPLIT", AT SECTION 118.321, ENTITLED "PURPOSE,
STANDARDS AND PROCEDURE" IN ORDER TO CLARIFY THE
REQUIREMENTS AND STANDARDS FOR A LOT SPLIT TO ALLOW A
CHANGE IN THE FORM OF OWNERSHIP OF BUILDING SITES OR UNIFIED
DEVELOPMENT SITES TO ALLOW OWNERSHIP BY AN INDIVIDUAL, OR
VlA A COVENANT !N LIEU OF UNITY OF TITLE WITHOUT REQUIRING A
LOT SPLIT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILIry
AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach contains a variety of building sites, with numerous
variations in uses and development rights; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development within the built context of the City of Miami
Beach; and
WHEREAS, the Land Development Regulations contain certain provisions that govern a
covenant in lieu of unity of title (otherwise known as a "Declaration of Restrictive Covenants in
Lieu of Unity of Title") and Unified Development Sites; and
WHEREAS, the Land Development Regulations also regulate the splitting of an
improved or unimproved developable site, or a unified development site; and
WHEREAS, as currently worded section 118-321 of the Land Development Regulations
requires a lot split procedure to be utilized even if the only action is to change the form of
ownership of the developable site or unified development site from a single entity to several
entities via a covenant in lieu of unity of title; and
WHEREAS, a lot split is intended to regulate the possible separate and district
ownership of the property that was once a larger site, and authorizing those separate uses and
separate ownership with no legal or construction connection between the lots; and
WHEREAS, a covenant in lieu of unity of title maintains the entire parcel enact, and
requires all parties to the covenant to agree to develop as one lot, and requires amongst other
things, cross access easements to ensure the entire parcel is utilized as one legal entity; and
requires consent of allthe parties to the covenant as to any development; and
WHEREAS, requiring a lot split simply because of the change of ownership style to allow
more than one owner through a covenant in lieu of unity of title, is an unnecessary process for a
property owner to have to undergo and does not protect the City or its building sites from lot
splits, but rather, creates additional bureaucracy, without any safeguards; and
WHEREAS, the City would like to clarify section 118-321 to continue to require lot split
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526
review may be owned by multiple persons, jointly and severally, under a covenant in lieu of unity
of title; and
WHEREAS, the administration recommends the clarification of section 118-321, of the
Land Development Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA
SECTION 1. The City of Miami Beach Land Development Regulations, at Chapter 118,
"Administration and Review Procedures," Article lV, "Division of Land/Lot Split"," under Section
118-321, entitled "Purpose, standards and procedure" is hereby amended as follows:
ARTICLE VII. . DIVISION OF LAND/LOT SPLIT
Sec. 118-32,,|-. - Purpose, standards and procedure.
ln order to maintain open space and neighborhood character, wherever there may exist a
main permitted structure and any accessory/auxiliary building or structure including, but not
limited to, swimming pools, tennis courts, walls, fences, or any other improvement that was
heretofore constructed on property containing one or more platted lots or portions thereof, such
lots shall thereafter constitute only one building site and no permit shall be issued for the
construction of more than one main permitted structure on the site unless the site is approved
for the division or lot split by the planning board.
No lot(s), plot(s) or parcel(s) of land, whether improved or unimproved or building site,
unified development site. as defined herein, designated by number, letter or other description in
a plat of a subdivision, shall be further divided or split, for the purpose, whether immediate or
future, of transfer of ownership or development, without prior review and approval by the
planning board. The use of a covenant in lieu of unitv of title (otherwise known as a "declaration
of restrictions in lieu of unitv of title") for an improved or unimproved buildinq site or unified
development site is not considered a transfer of ownership requirinq planninq board review. Lots
shall be divided in such a manner that all of the resulting lots are in compliance with the
regulations of these land development regulations. All lot lines resulting from the division of a lot
shall be straight lines and consistent with the configuration of the adjoining lots.
lf a main permitted structure is demolished or removed therefrom, whether voluntarily,
involuntarily, by destruction or disaster, no permit shall be issued for construction of more than
one main permitted structure on the building site unless the site is approved for the division or
lot split by the planning board.
A. Procedure.
(1) All applicants shall provide as part of the application process copies of all deed
restrictions, reservations or covenants applicable to the building site, lot, plot or
parcel of land being considered for division or split, and an opinion of title that, as of
a date not more than 120 days before the planning board's decision upon the
application, none of such matters prevent or serve as exceptions to the division or
split requested. No variance from this requirement shall be allowed.
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527
(2)Any applicant requesting the establishment or separation of building sites shall pay
the fee for division of lot or lot split as provided in appendix A. The fees in this
section are for the purpose of defraying expenses of public notices and other
administrative costs in connection with processing applications. An additionalfee as
provided in appendix A shall be required for an after{he-fact application.
lf a deferment or an extension of time is requested by the applicant, an additional
fee as provided in appendix A shall be assessed.
lf a request for a deferral is submitted by the administration or the planning board,
and not at the request of an applicant, there will be no additional charge.
lf the applicant withdraws the application after it has been accepted by the planning
department, but prior to the public noticing of the request, the city shall refund 50
percent of required fees.
Review criteria. ln reviewing an application for the division of lot and lot split, the
planning board shall apply the following criteria:
(1) Whether the lots that would be created are divided in such a manner that they are
in compliance with the regulations of these land development regulations.
(2) Whether the building site that would be created would be equal to or larger than the
majority of the existing building sites, or the most common existing lot size, and of
the same character as the surrounding area.
(3) Whether the scale of any proposed new construction is compatible with the as-built
character of the surrounding area, or creates adverse impacts on the surrounding
area; and if so, how the adverse impacts will be mitigated. To determine whether
this criterion is satisfied, the applicant shall submit massing and scale studies
reflecting structures and uses that would be permitted under the land development
regulations as a result of the proposed lot split, even if the applicant presently has
no specific plans for construction.
(4) Whether the building site that would be created would result in existing structures
becoming nonconforming as they relate to setbacks and other applicable
regulations of these land development regulations, and how the resulting
nonconformities will be mitigated.
(5) Whether the building site that would be created would be free of encroachments
from abutting buildable sites.
(6) Whether the proposed lot split adversely affects architecturally significant or historic
homes, and if so, how the adverse effects will be mitigated. The board shall have
the authority to require the full or partial retention of structures constructed prior to
1942 and determined by the planning director or designee to be architecturally
significant under subsection 1 42-1 08(a).
Final decision. ln granting a division of land/lot split, the planning board may prescribe
appropriate conditions and safeguards, including but not limited to a condition restricting
the size of new structures to be built on the resulting lots, based upon the application's
satisfaction of and consistency with the criteria in subsection B above, and the board's
authority under section 1 18-51 . Violation of such conditions and safeguards, when made
a part of the terms under which the division of land/lot split is granted, shall be deemed a
violation of these land development regulations.
(3)
(4)
(s)
B.
C.
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528
The decision of the planning board shall be final and there shall be no further review
thereof except by resort to an appellate court of competent jurisdiction by petition for writ of
certiorari.
D. Procedure to request adjustment to the after-the-fact fee. The planning board may adjust
the after-the-fact fee based on substantial competent evidence that there are
extenuating circumstances that warrant such an adjustment. The request for a fee
adjustment shall be in writing at the time the application for a lot split is filed with the
planning department. The adjusted after-the-fact fee shall not be less than the regular
application fee.
sEcTtoN 2. coDtFtcATtoN.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of 2015.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGECITY GLERK
First Reading: May 6, 2015
Second Reading: June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ri*e$reugh denotes deleted lang uage
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COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to require that no building permit or board order
shall be issued for any lot or site with a building permit valued at $250,000 or more without a
construction parking and traffic management plan (CPTMP) approved by the Parking Director
pursuant to Chapter 106 and to authorize the placement of the fines or penalties collected from
enforcement of Chapter 106 CPTMP's, into the Fee in Lieu of Providing Parking account.
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to development is "about the riqht amount."
Item S ummary/Recommendation :
FIRST READING
The proposed Ordinance is a companion to an amendment adopted by the City Commission on
February 11,2015, that requires a construction parking plan as part of the building permit process.
The proposed Ordinance incorporates this requirement into the Land Development Regulations. lt
also provides that any fines collected under the parking plan for construction workers/staging are
properly accounted for under the Fee in Lieu of Parking Program account.
The Administration recommends that the City Commission 1) accept the recommendation of the Land
Use and Development Committee via separate motion; and2) approve the Ordinance at First Reading
and set a Second Reading Public Hearing for June 10,2015.
On March 24, 2015 the Planning Board recommended approval of the subject Ordinance by a vote
of 5 to 0 (Planning Board File No. 2243).
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
ENDA\201s\May\Parking Plan Construction Workers - First Reading SUM.docx
AGENDA ITEiI
OATE
RSI
s- 6-trMIAMIBEACH531
MIAMIBEACH
City of fitiomi 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 CITY
OF MIAMI BEAGH, FLORIDA, AMENDING SECTION 114-4 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTION (12) PROVIDING THAT NO BUILDING pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WTTHOUT A CONSTRUGTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED "FEE IN LIEU OF
PARKING" BY AMENDING SECTION 130.I34, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT OF THE FINES
OR PENALTIES COLLEGTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION 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 Ordinance at First Reading and set a Second Reading Public Hearing for
June 10, 2015.
BACKGROUND
On February 11,2015, at the request of Commissioner Michael Grieco, the City
Commission referred an Ordinance Amendment to the Planning Board and to the Land
Use and Development Committee (ltem C4H), regarding required parking plans for
construction projects.
ANALYSIS
On February 11,2015, the City Commission adopted an amendment to Chapter 106 of
the City Code, in order to require a construction parking plan as part of the building
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
May 6, 2015
Parking Plan for Gonstruction
F!RST READ!NG
532
Commission Memorandum
Parking Plan for Construction Workers
May 6, 2015 Pase 2 of 2
permit process.
The subject Ordinance is a companion to the Chapter 106 amendment, requiring a
parking plan for construction projects. ln this regard, sections 114-4 and 130-34 are
proposed to be amended, as more specifically noted in the attached Ordinance. The
ordinance modifications ensure that any fines collected under the parking plan for
construction workers/staging are properly accounted for under the Fee in Lieu of Parking
Program account.
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.
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.
CONCLUSION
The Administration recommends that the City Commission 1) accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) approve the Ordinance at First Reading and set a Second Reading Public Hearing for
June 10,2015.
*ffi^*/MAB/*oM
T:\AGENbA\20'1S\May\Parking Plan Construction Workers - First Reading MEM.docx
533
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF
MIAMI BEACH, FLORIDA, AMENDING SECTION 1144 ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" CREATING
SUBSECTTON (12) pROVtDtNG THAT NO BUILDING pERMtT OR BOARD
ORDER SHALL BE ISSUED FOR ANY LOT OR SITE WITH A BUILDING
PERMIT VALUED AT $25O,OOO OR MORE WITHOUT A GONSTRUCTION
PARKING AND TRAFFIC MANAGEMENT PLAN (CPTMP) APPROVED BY
THE PARKING DIRECTOR PURSUANT TO CHAPTER 106, ARTICLE II,
DIVISION 3, ENTITLED "CONSTRUCTION MANAGEMENT PLAN"; AND
MODIFYING CHAPTER 130, ARTICLE IV ENTITLED ..FEE IN LIEU OF
PARKING'' BY AMENDING SECTION 130.134, ENTITLED "DEPOSIT OF
FUNDS/ACCOUNT"; BY AUTHORIZING THE PLACEMENT OF THE FINES
OR PENALTIES COLLECTED FROM ENFORCEMENT OF CHAPTER 106
CPTMP, INTO THIS ACCOUNT TO BE UTILIZED FOR THE PURPOSES
PROVIDED THEREIN; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code at Chapter 106, entitled "Traffic and Vehicles," regulates all
matters relating to traffic and vehicles within the City of Miami Beach; and
WHEREAS, there exists in areas of the City, heavy concentration of construction activity
and related construction employee vehicles that park for extended periods usurping parking
availability all day; congregating at various points; and committing offenses against the peace
and dignity of the City and the residents thereof; and
WHEREAS, the presence of these vehicles cause vehicular traffic congestion on
commercial and residential streets, impede the movement of traffic, and unduly restrict access
to patrons and visitors to commercial areas and residents and their visitors to their homes; and
WHEREAS, such vehicular congestion creates polluted air, excessive noise, trash and
refuse; and
WHEREAS, that the conditions and impacts mentioned above reduces parking
availability and creates blighted or deteriorated residential areas; and
WHEREAS, the City has established under Chapter 106 of the Code, at Article ll,
Division 3, a requirement of a Construction Management Plan for traffic and parking to preserve
the resident quality of life and character of residential neighborhoods, preserve property values,
and preserve the safety of children and other pedestrians; and
WHEREAS, to ensure that no building permit issues or development order proceeds
without the required Construction Management Plan, for those premises seeking a permit
valued over $250,000, Chapter 114, of the Land Development Regulations is being amended to
reflect the requirement of having a Construction Management Plan, as a condition precedent to
obtaining the applicable permits; and
WHEREAS, the fines or penalties received pursuant to a violation of Chapter!06, Article
ll, Division 3, shall be accounted for and placed in the fee in lieu of parking fund, designated as
534
funds derived from Chapter 106 enforcement, and used as provided under Chapter 130, Article
V; and
WHEREAS, the proposed modification to Chapter 114 and Chapter 130 of the City Code
are necessary to accomplish the above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE C!ry OF MIAMI BEACH, FLORIDA:
SECTION ,l. Chapter 114, "General Provisions," at Section 114-4, entitled "Compliance with
Regulations Required;" and Chapter 130,'Off Street Parking" atArticleV, entitled "Fee in Lieu
of Providing Parking" are hereby amended as follows:
CHAPTER rr+ -LeNES, PRovtstoNs
Section 114-4 Compliance with Regulations Required.
Except as provided in these land development regulations:
(11) No building permit snaff Oe irr*O ", "n, lot or site that does not meet the
requirements of the definition of lot as stated in this subpart.
(12) No buildinq permit or board order shall be issued for anv lot or site with a
buildinq permit valued at $250,000 or more without a Construction Parkino And
Traffic Manaoement Plan approved bv the Parkinq Director pursuant to Chapter
106, Article ll. Division 3. entitled "Construction Manaoement Plan.l
Sec. 130-134. - Deposit of funds; account.
(a) Funds generated by the fee-in-lieu program pursuant to subsections 130-132(a) and (b)
above, collected prior to March 20,2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking and related
improvements in the vicinity (within the north, middle or south district, as applicable) of the
subject property. Expenditures from these funds shall require city commission approval.
(b) Funds generated by the fee-in-lieu program pursuant to subsection 130-132(a) and (b)
above, collected after March 20,2010, shall be deposited in a city account (divided into three
districts, for north, middle and south) specifically established to provide parking, transportation
and mobility related improvements and programs in the vicinity (within the north, middle and
south district, as applicable) of the subject property. Expenditures from these funds shall require
city commission approval.
(c) Such parking, transportation and mobility related improvements and programs may
include:
(1) Parking garages and related facilities.
(2) Transit capital funding:
a. Purchase of buses for circulator routes.
b. Bus shelters.
535
c. Transit infrastructure.
(3) Traffic improvements.
a. Traffic signals.
b. Signaltiming operations.c. Lane modifications.
(4) Bicycle facilities:
a. Bicycle lanes and paths.
b. Bicycle racks and storage.
(5) lntelligent transportation systems:
a. Electronic message boards.
(6) Pedestrian improvements:
a. Crosswalks.
b. Traffic signals.
(7) Pedestrian facilities:
a. Beachwalk.
b. Baywalk.
(8) Other parking, transportation and mobility related capital projects as may be
specifically approved by the city commission.
(9) ln addition, transit operational funding for newly introduced transportation
enhancements and program expansions (limited to operational, non-administrative
costs only, i.€., drivers, fuel, maintenance and insurance) may be included if
expressly approved by the city commission.
(d) The planning department shall maintain a map which includes a listing of the north,
middle and south districts and accounts.
(e) Anv fines or penalties collected pursuant to Chapter 106, Article ll. Division 3, Entitled
"Construction Manaqement Plan." after administrative expenses shall be placed in the Fee in
Lieu of Providinq Parkinq account:-€nC-€r€dite+te reflected as being o partv,
rcsBonsible for the fine or exoended bv the Cit ed under
subsection (c), above.
SECTION 2. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
536
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this _ day of
ATTEST:
Rafael E. Granado, City Clerk
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
r5
First Reading:
Second Reading:
May 6, 2015
June 10, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
$r*e$reugh denotes deleted lang uage
(Sponsored by Commissioner Michael Grieco)
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COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance to amend and clarify the maximum elevation within a required
yard, and by amending and clarifying when the water portion of a pool is counted towards the open
for Sinqle-Family Residential Districts.
Item Summary/Recommendation:
Clerk's Office lative Tracki
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
FIRST READING
The proposed Ordinance would amend and clarify the maximum elevation requirements within a
required yard, as well as the water portion of a pool that is counted towards the open space for Single-
Family Residential Districts. The proposed changes would set varying maximum elevations based
upon the elevation of the abutting properties. lt also requires that when located above adjusted grade,
the water portion of a swimming pool may count towards 50% of the landscaped pervious open space
requirement, provided that adequate infrastructure is incorporated into the design of the pool to fully
accommodate on-site storm water retention.
On January 21,2015 the Land Use and Development Committee recommended approval of the
Ordinance.
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 Hearing for June 10, 201 5.
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. 2242).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Thomas Mooney
T;\AGENDA\201S\May\SFR Max Grade - First Reading SUM.docx
AGEI*BArrem RS f
BATE S-&I rMIAMISTACH539
MIAMIBEACH
City of ,vliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39. www.miomibeochfl.gov
COMMISSION MEMORANDUMMEMO #
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015 FIRST READING
SUBJECT: Single Family Development Regulafions - Adjusted Grade
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTION 114.1,,.DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," DIVISION 2, "RS-1, RS.2, RS.3, RS.4
SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY AMENDING AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD,
AND BY AMENDING AND CLARIFYING WHEN THE WATER PORTION OFA POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM EN DATION
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 June 10,2015.
BACKGROUND
On September 17, 2014, at the request of Commissioner Malakoff, the City Commission
referred a discussion to the Land Use Committee regarding proposed amendments to the
maximum elevation of required yards in reference to increased seawall height requirements
(ltem C4B). On November 5, 2014, the Land Use Committee discussed proposed amendments
and continued the discussion to the December 10,2014 meeting. On December 10, 2014the
Land Use Committee discussed the proposed amendments and, due to a separate discussion
regarding the possible modification of recently adopted regulations regarding seawall heights,
continued the discussion to a date certain of January 21, 2015.
On January 21, 2015 the Land Use and Development Committee recommended approval of the
Ordinance. On February 11,2015 the City Commission referred the item to the Planning Board.
540
Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6,2015 Page 2 o'f 4
ANALYSIS
Currently, within single-family districts, the maximum elevation of a required yard is limited to no
higher than 'adjusted grade', which is the midpoint between the minimum required flood
elevation and 'grade'" Grade is the sidewalk elevation at the center of the property. For
example, if grade is 4' NGVD, and the minimum flood elevation is 8' NGVD, then adjusted grade
is 6' NGVD. ln this instance, the maximum elevation of a required yard could not exceed 6'
NGVD.
The existing limitation on the elevation of a required yard helps to ensure that a new house is
not constructed on a 'pedestal' that is substantially higher than the grade of an adjacent
property. The proposed amendments will address these concerns by allowing portions of
required rear yards for waterfront properties to be elevated to the minimum required flood
elevation, while retaining limitations on the maximum elevation of required side and front yards,
where transitions to neighboring property elevations is critical. The following is a summary of the
proposed changes.
Definitions have been added for adjusted grade and average grade:
Grade, adjusted means the midpoint elevation between grade and the minimum required
flood elevation for a lot or lots.
Grade, average means the average grade elevation calculated by averaging spot
elevations of the topography taken at 10-foot intervals along the property lines.
Currently the maximum elevation of a required yard is limited to adjusted grade. The proposed
changes set varying maximum elevations based upon the elevation of the abutting properties.
The maximum elevation of a required yard would be in accordance with the following, but in no
instance shall the elevation of a required yard, exceed the minimum flood elevation:
1" Front Yard.The maximum elevation within a required front yard shall not exceed adjusted
grade, or 30 inches above grade, whichever is greater.
2. lnterior Srde Yards (between the front setback line and rear property line). The maximum
elevation for each required side yard shall be calculated according to the following:
a. When the average grade of adjacent lot is lower than adjusted grade, the maximum
elevation shall not exceed adjusted grade, or 30 inches above grade, whichever is
greater.
b. When the average grade of adjacent lot along the abutting side yard is equal or greater
than adjusted grade, the maximum elevation within the required side yard shall not
exceed 30 inches above adjusted grade.
c. When abutting a vacant property, the maximum elevation within the required side yard
shall not exceed 30 inches above adjusted grade.
d. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both side yards may be elevated to the same higher elevation through
the submission of concurrent building permits, not to exceed the minimum required flood
elevation. ln this instance the maximum height of any fences or walls along the adjoining
property lines, constructed in accordance with Section 142-1132 (h), Allowable
encroachments within required yards, shall be measured from the new average grade of
the required side yards.
3. Side Yard Facing a Sfreef. The maximum elevation within a required side yard facing a
541
Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6,2015 Page 3 of 4
street shall not exceed adjusted grade or 30 inches above grade, whichever is greater.
4. Rear Yard. The maximum elevation for a required rear yard, (not including portions located
within a required side yard or side yard facing the street), shall be calculated according to
the following:
a. Waterfront. The maximum elevation shall not exceed the minimum required flood
elevation.
b. Non-waterfront. The maximum elevation shall be calculated according to the following:i. When the average grade of adjacent lot along the abutting rear yard is lower than
adjusted grade, the maximum elevation shall not exceed adjusted grade, or 30
inches above grade, whichever is greater.
ii. When the average grade of adjacent lot along the abutting rear yard is equal or
greater than adjusted grade, the maximum elevation within the required rear yard
shall not exceed 30 inches above adjusted grade.
iii. When abutting a vacant property, the maximum elevation within the required rear
yard shall not exceed 30 inches above adjusted grade.
iv. Notwithstanding the above, when abutting property owners have jointly agreed to a
higher elevation, both rear yards may be elevated to the same higher elevation
through the submission of concurrent building permits, not to exceed the minimum
required flood elevation. ln this instance the maximum height of any fences or walls
along the adjoining property lines, constructed in accordance with Section 142-1132
(h), Allowable encroachments within required yards, shall be measured from the
new average grade of the required rear yards.
5. ln all instances where the existing elevation of a site is modified, a site shall be designed
with adequate infrastructure to retain all storm water on site in accordance with all applicable
state and local regulations.
Thirty inches above grade was also included, as a grade change of 30 inches or less would not
require a guardrail or railing. Limiting the higher elevations to the portion of the rear yard that is
internal to the site (not including the areas within the required side setbacks), allows for a more
appropriate transition area to existing neighboring properties, which are often only slightly
elevated above the sidewalk elevation.
The proposed amendments also envision a changing, more elevated City over time, with
contextually appropriate requirements based upon the average grade elevation of abutting
properties. For example, under the proposed Ordinance, a proposed new home constructed
next to a more recent home (which constructed the required yards up to the adjusted grade
elevation, as now permitted), would be allowed to build up the required side yards and rear
yard to 30 inches above adjusted grade.
The alternative, of allowing the entire rear or side yards to be raised to the flood elevation,
would result in overbearing retaining walls when viewed from existing properties with older
homes. For example, there are portions of the City where the sidewalk elevation is located at 3'
NGVD and the minimum flood elevation is located at 10' NGVD. ln this instance, just raising the
yard to flood elevation would result in a 7-foot tall retaining wall along the property line, with a
minimum 42-inch safety fence or wall on top of that, or approximately 10.5 feet high as viewed
from an abutting property with older home where the site was not yet elevated.
542
Commission Memorandum
Single Family Development Regulations - Adjusted Grade
May 6, 2015 Page 4 of 4
The proposed amendments also allow abutting property owners, through the submission of
concurrent Building Permits, to agree on a higher elevation than would otherwise be allowed (up
to the minimum required flood elevation). ln this instance the height of any walls or fence along
the jointly elevated grade would be measured from the new grade elevation, as such height is
relative to the adjacent grade and would not negatively impact either neighbor.
Lastly, current regulations (Section 142-1OG) require that 70% of a required rear yard be sodded
or landscaped pervious open space, and the water portion of a swimming pool may count
towards this requirement. Based upon a typical example of a waterfront lot (60'x175'), the area
of required rear yard is 1575 SF, and a pool and pool deck could be constructed within the rear
yard up to 1181 SF, or occupying 75% of the required yard. Although the actual pervious
landscaped area, the area within the required side yard setbacks, is only 394 SF, or 25% of the
required yard, such pool would comply with the current regulations.
Concerns have been expressed with such a disproportionate amount of non-pool hardscape
being located in a rear yard, especially when located at an increased elevation. Also, concerns
have been raised with respect to the impact that larger pools and decks are having on the ability
to adequately retain water on site.
ln order to address this, the proposed amendment requires that when located above adjusted
grade, the water portion of a swimming pool may count towards 50% of the landscaped
pervious open space requirement, provided that adequate infrastructure is incorporated into the
design of the pool to fully accommodate on-site storm water retention.
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.
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.
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 June 10,2015.
,^ffil**/ruAB/RAM/sw
T:\AGENDA\201S\May\SFR Max Grade - First Reading MEM.docx
543
SINGLE FAMILY DEVELOPMENT REGULATIONS - ADJUSTED GRADE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE GODE OF THE CITY OF MIAM! BEACH, FLORIDA,
BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTTON 114-1,..DEFINITIONS," BY INCLUDING DEFINITIONS FOR ADJUSTED GRADE
AND AVERAGE GRADE; BY AMENDING CHAPTER 142, "ZONING
DlsTRlcTS AND REGULATIONS," DIVISION 2, ,,RS-l, RS-2, RS-3, RS4
SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY AMEND!NG AND
CLARIFYING THE MAXIMUM ELEVATION WITHIN A REQUIRED YARD, AND
BY AMENDING AND CLARIFYING WHEN THE WATER PORTION OF A
POOL IS COUNTED TOWARDS THE OPEN SPACE PERVIOUS
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, sea level rise and flooding is an ongoing concern of the City; and
WHEREAS, the City has previously implemented increased height requirements for sea
walls in order to more fully protect the City from flooding; and
WHEREAS, it is appropriate to amend the maximum elevation requirements within
required yards of single family districts to eliminate or mitigate any conflict with corresponding
legislation enacted to address sea level rise and flood mitigation; and
WHEREAS, the regulation of grade elevations in single family districts is necessary in
order to ensure compatible development within the built character of the single-family
neighborhoods in the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts.
NOW THEREFORE BE !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SEGTION 1. That Section 114-l, "Definitions", is hereby amended as follows:
Grade. adiusfed means the midpoint elevation between qrade and the minimum
required flood elevation for a lot or lots.
Grade. averaqe exisfrnq means the averaoe qrade elevation calculated bv
averaqino spot elevations of the existino topoqraphv taken at 10 foot intervals
alonq the propertv lines.
SECTION 2. That Section 142-105, "Development regulations and area requirements", is
hereby amended as follows.
544
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(8) Exterior building and lot standards. The following shall apply to all buildings and
properties in the RS-1, RS-2, RS-3, RS-4 single-family residential districts:
a. Exterior bars on entryways, doors and windows shall be prohibited on front and
side elevations, which face a street or right-of-way.
b. ANdju€+eC€+ad+ h+ ne instanee shall the elevatien ef any required yard be higher
tnan ene naf tne aifer
The maximum elevation of a required vard
shall be in accordance with the followino, however in no instance shall the
elevation of a required vard, exceed the minimum flood elevation:
1. Fronf Yard. The maximum elevation within a required front vard shall not
exceed adiusted orade, or 30 inches above grade, whichever is qreater.
2. /nferior Srde Yards (located between the front setback line and rear propertv
line). The maximum elevation shall not exceed adiusted orade, or 30 inches
above qrade. whichever is qreater. except:
a. When the averaqe qrade of adiacent lot alonq the abuttino side vard is
equal or qreater than adiusted qrade, the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted grade.
c. When abuttino a vacant propertv. the maximum elevation within the
required side vard shall not exceed 30 inches above adiusted qrade.
b. Notwithstandinq the above, when abuttinq propertv owners have iointlv
aqreed to a hioher elevation. both side vards mav be elevated to the
same hiqher elevation throuqh the submission of concurrent buildinq
permits, not to exceed the minimum required flood elevation. ln this
instance the maximum heiqht of anv fences or walls alonq the adioininq
propertv lines, constructed in accordance with Section 142-1132 (h).
Allowable encroachments within required vards, shall be measured from
the new averaqe orade of the required side vards.
3. Srde Yard Facrno a Sfreef. The maximum elevation within a required side vard
facino a street shall not exceed adiusted srade or 30 inches above orade,
whichever is qreater.
4. Rear Yard. The maximum elevation for a required rear vard, (not includino
portions located within a required sidevard or sidevard facino the street). shall
be calculated accordinq to the followino:
a. Waterfront. The maximum elevation shall not exceed the minimum required
flood elevation.
b. Non-waferfronf. The maximum elevation shall not exceed adiusted qrade. or
30 inches above qrade, whichever is greater, except:
545
i. When the averaoe orade of adiacent lot alono the abuttinq rear vard is
equal or qreater than adiusted qrade. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted grade.
ii. When abuttinq a vacant propertv. the maximum elevation within the
required rear vard shall not exceed 30 inches above adiusted qrade.
iii. Notwithstandino the above, when abuttino propertv owners have iointlv
aqreed to a hioher elevation. both rear vards mav be elevated to the
same hiqher elevation throuqh the submission of concurrent buildino
permits, not to exceed the minimum required flood elevation. ln this
instance the maximum heiqht of anv fences or walls alonq the adioining
propertv lines. constructed in accordance with Section 142-1132 (h),
Allowable encroachments within reouired vards. shall be measured from
the new averaqe orade of the required rear vards.
5. ln all instances where the existinq elevation of a site is modified. a site shall be
desiqned with adequate infrastructure to retain all stormwater on site in
accordance with all applicable state and local reoulations.
SECTION 3. That Section 142-106, "Setback requirements for a single-family detached
dwelling", is hereby amended as follows:
The setback requirements. for a single-family detached dwelling in the RS-1, RS-2, RS-3, RS-4
single-family residential districts are as follows:
(3) Rear: The rear setback requirement shall be 15 percent of the lot depth, 20 feet minimum,
50 feet maximum. At least 70 percent of the required rear yard shall be sodded or landscaped
pervious open space; when located at or below adiusted qrade. the water portion of a swimming
pool may count toward this requirement, when located above adiusted orade, the water portion
of a swimminq pool mav count towards 50% of this requirement, provided adequate
infrastructure is incorporated into the desiqn of the pool to fullv accommodate on-site storm
water retention.
SECTION 4. COD!FICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
546
SECTION 6. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
First Reading: May 6,2015
Second Reading: June 10, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+Xe+reugn = deleted language
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547
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548
r ^e. -e. .s
I-,^(e,
r9r5.20r5
OFFICE OF THE CIry ATTORNEY
RAULJ. AGUIIA, CIry ATTORNEY COMMISSION MEMORANDUM
To:
From:
Mayor Philip Levine
Members of the City Commission
Date: May 6, 2015
I?,r^J;19! r&\a/v1 0A;{'--
City Attorney
Subject: AN ORDINANCE OF THE MAYOR AND Clry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 6, ENTITLED "ALGOHOLIC
BEVERAGES," OF THE CODE OF THE CITY OF MIAM! BEACH, FLORIDA,
ARTICLE I, ENTITLED "IN GENERAL," SECTION 6-3 THEREOF, ENTITLED..HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF
ALCOHOLIG BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT THE
GRANTING OF VARIANCES FROM THE PROVTSIONS OF SECTTON 6-3(3Xd),
AND PROVIDE FOR PENALT!ES; AND PROVIDING FOR REPEALER,
SEVERABILIry, CODIFICATION, AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERry,'' OF THE CODE OF THE CITY OF MIAM! BEACH, FLORIDA, BY
AMENDING ARTICLE IV, ENTITLED "USES IN PUBLIC RIGHTS.OF.WAY,"
DIVISION 5, ENTITLED "SIDEWALK CAFES," SUBDIVISION II, ENTITLED..PERMIT," BY GREATING SECTION 82-388 THEREOF, ENTITLED "HOURS OF
SALE OF ALCOHOLIC BEVERAGES; ENFORCEMENT," TO TERMINATE THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT SIDEWALK
CAFES AT 2:00 A.M., AND PROVIDE THAT SECTION 82-388 SHALL BE
ENFORGED PURSUANT TO SECTION 6-3(8) OF THE CITY CODE; AND
PROVIDING FOR REPEALER, SEVERABILIry, CODIFICATION, AND AN
EFFECTIVE DATE.
lntroduction
Pursuant to the request of Mayor Philip Levine, the attached Ordinances are submitted for
consideration by the City Commission. The first Ordinance amends Chapter 6 of the City Code,
entitled "Alcoholic Beverages," Article l, Section 6-3 thereof, entitled "Hours of Sale," to
terminate the sale and consumption of alcoholic beverages at sidewalk cafes at 2:00 a.m.,
prohibit the granting of variances from the provisions of Section 6-3(3)(d), and provide penalties
for violations of Section 6-3.
Agenda ltem Rsrc
Date S--6-1f,-549
Ordinances Terminating Sale of Alcoholic Beverages at Sidewalk Cafes at 2:00 a.m.
May 6,2015
Page 2
The second Ordinance amends Chapter 82, Article lV, Division 5, by creating Section 82-388
thereof, to reflect that alcoholic beverages shall not be offered for sale or consumption at
sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m.
The City's Authority to Regulate the Hours of Sale of Alcoholic Beverages
The State expressly grants the City the authority to establish its own regulations for the time for
sale of alcoholic or intoxicating beverages. Pursuant to Section 562.14, Florida Statutes, no
alcoholic beverages may be sold, consumed, served, or permitted to be served or consumed in
any place licensed to sell alcoholic beverages between the hours of midnight and 7:00 a.m.,
unless a municipality elects to establish its own regulations for the time for sale of alcoholic or
intoxicating beverages. Section 562.14, Florida Statutes, clearly indicates that the State shall
not be responsible for the enforcement of the hours of sale established by municipal ordinance.
ln Wednesdav Niqht, lnc. v. City of Fort Lauderdale,2T2 So.2d 502 (Fla. 1972), the Florida
Supreme Court upheld Section 562.14, Florida Statutes, holding that the statute, which relates
to state, municipal, and county regulations of the time for sale of alcoholic and intoxicating
beverages (1)does not contravene Federal and State constitutional guarantees of due process
and equal protection of the laws; (2) does not constitute an unlawful delegation of the powers of
the legislature; and (3) does not contravene any of the prohibitions against special laws or
general lawsof local applicationappearinginSectionll of Articlelll of theFloridaConstitution.
Florida Courts have held that a municipality exercising its inherent powers may reasonably
regulate the sale of intoxicating liquors and, in providing such reasonable regulations, may
prohibit sale of such liquors within certain zones. State ex rel. Flovd v. Noel, 169 So.549 (Fla.
1936). Furthermore, the Florida Attorney General has opined that a municipality may regulate
(1)the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3)
the sanitary conditions under which alcoholic beverages may be dispensed or served to the
public. Op. Att'y Gen. Fla., 059-73 (1959).
Based upon the foregoing, it is clear that a City may regulate the hours of sale of alcoholic
beverages at sidewalk cafes, provided the regulations are not exercised in an arbitrary or
discriminatory manner, and are grounded upon some reasonable basis of classification with
reference to the subject matter to be regulated. Makos v. Prince, 64 So. 2d 670 (1953). ln
regulating the sale of alcoholic beverages, the City may create regulations that establish
separate zones and the Courts do not require that regulation of hours be uniform throughout the
jurisdictional limits. ld. The Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950).
To be clear, a business is neither entitled to "grandfathered" status nor entitled to enjoin
enforcement of an ordinance regulating the times during which liquor may be sold. Villaqe of
North Palm Beach v. S & H Foster's lnc.,80 So.3d 433 (Fla.4th DCA 2012); Other Place of
Miami, lnc. v. Citv of Hialeah Gardens,353 So.2d861 (Fla.3d DCA 1977). Further, the courts
have upheld municipal ordinances against claims for injunctive relief against municipal
ordinances regulating the time at which alcoholic beverages may be sold, because
municipalities have the statutory authority to set times for sale of alcoholic beverages. ld.;
Plavpen S., lnc. v. Citv of Oakland Park. 396 So. 2d 830 (Fla.4th DCA 1981). Lastly, Florida
Courts have ruled that hours of operation are not a property right. S. Davtona Rests., lnc. v. Citv
of S. Davtona. 186 So. 2d 78 (Fla. 1st DCA 1966).
550
Ordinances Terminating Sale of Alcoholic Beverages af Sidewalk Cafes at 2:00 a.m.
May 6,2015
Page 3
Amendments to Ghapter 6, "Alcoholic Beverages"
Section 6-3 of the City Code, entitled "Hours of Sale," of Chapter 6, entitled "Alcoholic
Beverages," regulates the hours during which alcoholic beverages may be sold in the City. The
first attached Ordinance amends Section 6-3 by creating Section 6-3(3Xd) to prohibit the sale or
consumption of alcoholic beverages at sidewalk cafes between the hours of 2:00 a.m. and 8:00
a.m. Section 6-3(3)(d) also prohibits the grant of any variances that would allow a sidewalk cafe
permittee to offer alcoholic beverages for sale or consumption between the hours of 2:00 a.m.
and 8:00 a.m.
The first Ordinance also amends Section 6-3 to provide enforcement and penalty provisions for
violations of any provision of Section 6-3. Violators of Section 6-3 would face a civil fine of
$1,000 for a first offense within a 12-month period, $5,000 for a second offense within a 12-
month period, and $10,000 for a third offense within a 12-month period. A fourth or subsequent
offense within a '12-month period would result in a revocation of the violator's certificate of use,
business tax receipt, or certificate of occupancy. Upon a fourth or subsequent offense, the
violator would be prohibited from applying for and obtaining a new sidewalk cafe permit for a
period of two permit years following the permit year in which the sidewalk cafe permittee
incurred the violations. Due to the public safety implications of the sale and consumption of
alcoholic beverages at sidewalk cafes after 2:00 a.m., Section 6-3(8)(b) requires that the sale of
alcoholic beverages in violation of Section 6-3 must be immediately terminated.
A citation under Section 6-3 may be appealed to the City's Special Master within 10 days of
service of the notice of violation. The failure of a named violator to appeal a violation shall
constitute a waiver of the violator's right to appeal, and shall be treated as an admission of the
violation. The special master shall not hear the merits of a notice of violation or consider the
timeliness of a request for appeal if a violator fails to request a hearing within ten days of the
service of the notice of violation. Additionally, the special master shall not be authorized to alter
the penalties prescribed in Section 6-3(8).
Amendments to the Sidewalk Cafe Ordinance
Chapter 82, al Article lV, Division 5 (the "Sidewalk Cafe Ordinance") sets forth regulations for
the City's sidewalk cafes. The second attached Ordinance amends the Sidewalk Cafe
Ordinance by creating Section 82-388, to reflect that alcoholic beverages shall not be offered for
sale or consumption at sidewalk cafes between the hours of 2:00 a.m. and 8:00 a.m. The sale
or consumption of alcoholic beverages in violation of Section 82-388 shall be enforced pursuant
to Section 6-3(8), as amended by the first attached Ordinance.
551
CHAPTER 6 - ALCOHOLIC BEVERAGES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MtAMt BEACH, FLOR|DA, AMENDTNG CHAPTER 6, ENTITLED,,ALCOHOLIC
BEVERAGES," OF THE CODE OF THE CIry OF MIAMI BEACH, FLORIDA,
ARTICLE I, ENTITLED "IN GENERAL,'' SECTION 6.3 THEREOF, ENTITLED.,HOURS OF SALE," TO TERMINATE THE SALE AND CONSUMPTION OF
ALCOHOLIC BEVERAGES AT SIDEWALK CAFES AT 2:00 A.M., PROHIBIT
THE GRANTING OF VARIANCES FROM THE PROVISIONS OF SECTION 6-
3(3Xd), AND PROVIDE FOR PENALTIES; AND PROVIDING FOR REPEALER,
SEVERABIL!TY, GODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") regulates the location, size and hours of
operation, and patron age of uses, that permit the sale and consumption of alcoholic beverages
in Chapter 6 of the City Code, entitled "Alcoholic Beverages"; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to require that sidewalk cafes, which are located on
public rights-of-way, terminate the sale and consumption of alcoholic beverages at 2:00 a.m.,
because the sale and consumption of alcoholic beverages at sidewalk cafes can disturb the
quiet enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers-by, and contribute to litter, noxious odors, and the general degradation of
the City; and
WHEREAS, the Miami Beach Police Department has requested that the City limit the
hours during which alcoholic beverages may be sold or consumed at sidewalk cafes, because
the sale and consumption of alcoholic beverages at sidewalk cafes implicates the safety of the
City's residents and visitors, as well as the police officers sworn to protect them; and
WHEREAS, this amendment to Chapter 6 of the City Code is intended to ensure that
Officer Eduard Alba of the Miami Beach Police Department is recognized for dedicating himself
to protecting this City and lts residents and visitors, and to ensure that other officers are not
endangered; and
WHEREAS, the State expressly grants the City the authority to establish its own
regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, pursuant to Section 562.14, Florida Statutes, no alcoholic beverages may
be sold, consumed, served, or permitted to be served or consumed in any place licensed to sell
alcoholic beverages between the hours of midnight and 7:00 a.m., unless a municipality elects
to establish its own regulations for the time for sale of alcoholic or intoxicating beverages; and
WHEREAS, Section 562.14, Florida Statutes, clearly indicates that the State shall not be
responsible for the enforcement of the hours of sale established by a municipal ordinance; and
WHEREAS, in Wednesdav Niqht, lnc. v. Citv of Fort Lauderdale, 272 So. 2d 502 (Fla.
1972), the Florida Supreme Court upheld Section 562.14, Florida Statutes, holding that the
statute, which relates to state, municlpal, and county regulations of the time for sale of alcoholic
552
and intoxicating beverages (1) does not contravene Federal and State constitutional guarantees
of due process and equal protection of the laws; (2) does not constitute an unlaMul delegation
of the powers of the legislature; and (3) does not contravene any of the prohibitions against
special laws or general laws of local application appearing in Section 11 of Article lll of the
Florida Constitution; and
WHEREAS, Florida Courts have determined that it is within the police power and
authority for a municipality to change the hours of regulation of alcoholic beverages, because
municipalities have the statutory authority under Section 562.14, Florida Statutes, to restrict the
sale of alcohol; additionally, a municipal ordinance regulating the hours of sale of alcoholic
beverages may be applied to a property incorporated later into the municipality by annexation.
Villaqe of North Palm Beach v. S & H Foster's, lnc., 80 So. 3d 433 (Fla. 4th DCA 2012); and
WHEREAS, Florida Courts have held that a municipality exercising its inherent powers
may reasonably regulate the sale of intoxicating liquors and, in providing such reasonable
regulations, may prohibit sale of such liquors within certain zones. State ex rel. Flovd v. Noel,
169 So. 549 (Fla. 1936); and
WHEREAS, the Florida Attorney General has opined that a municipality may regulate (1)
the hours of sale, (2) zoning of locations in which alcoholic beverages may be sold, and (3) the
sanitary conditions under which alcoholic beverages may be dispensed or served to the public.
Op. Att'y Gen. Fla., 059-73 (1959); and
WHEREAS, the City may regulate the hours of sale of alcoholic beverages at sidewalk
cafes, provided the regulations are not exercised in an arbitrary or discriminatory manner, and
are grounded upon some reasonable basis of classification with reference to the subject matter
to be regulated. Makos v. Prince, 64 So. 2d670 (1953); and
WHEREAS, such regulations may establish separate zones and do not require that
regulation of hours be uniform throughout the jurisdictional limits. ld.; and
WHEREAS, in fact, the Florida Attorney General has opined that different hours may be
provided for in a municipal ordinance, provided there is reasonable relation to the health, safety,
and morals of the community. Op. Att'y Gen. Fla., p.497 (1950); and
WHEREAS, a business is neither entitled to "grandfathered" status nor entitled to enjoin
enforcement of an ordinance regulating the times during which liquor may be sold. Villaqe of
North Palm Beach v. S & H Foster's lnc., 80 So.3d 433 (Fla.4th DCA2012); Other Place of
Miami, lnc. v. Citv of Hialeah Gardens. 353 So. 2d 861 (Fla. 3d DCA 1977), and
WHEREAS, injunctive relief is not available against the enforcement of a municipal
ordinance regulating the time at which alcoholic beverages may be sold, because municipalities
have the statutory authority to set times for sale of alcoholic beverages. ld.; Playpen S., lnc. v.
Citv of Oakland Park. 396 So. 2d 830 (Fla. 4th DCA 1981); and
WHEREAS, Florida Courts have ruled that hours of operation are not a property right. S.
Davtona Rests.. lnc. v. Citv of S. Davtona. 186 So. 2d78 (Fla. 1st DCA 1966); and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
553
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6-3, entitled "Hours of Sale," of Article
Code of the City of Miami Beach is hereby amended as follows:
AND CITY COMMISSION
l, of Chapter 6, of the City
CHAPTER 6
ALCOHOLIC BEVERAGES
ARTICLE l. ln General
Sec. 6-3. Hours of Sale.
The hours of sale of alcoholic beverages shall be according to the following schedule,
except as may be otherwise provided pursuant to subsection (7) (Q):
Retail stores for packaqe sales onlv, either as permitted main or accessory uses.
enly; either as permitted main er aeeessery uses,
Vendors having a license from the state division of alcoholic beverages and
tobacco for the sale of liquor and other alcoholic beverages for consumption otf
the premises shall only offer for sale alcoholic beverages within the hours of 8:00
a.m. and midnight on any day of the week.
Retail stores. includinq qroceru and convenience stores. and qasoline
seruice/fillinq stations, which primaril:l offer for sale products other than alcoholic
beveraqes. Retail stores, including grocery and convenience stores, and gasoline
service/filling stations, either as permitted main or accessory uses, which
primarily offer for sale products other than alcoholic beverages may only make
sales of beer and wine in sealed containers for consumption off the premises
between the hours of 8:00 a.m. and midnight on any day of the week.
Alcoholic beveraqe establishments. All establishments licensed as alcoholicbeverageestablishments@,eitheraspermittedmainor
accessory uses, shall only offer alcoholic beveraqes for sale the or on-premisesconsumption@withinthehoursof8:00a.m.and5:00a.m.
on any day of the week.
a. Restaurants not operatinq as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholicbeverageestablishments@,butnotoperatingasdance
halls or entertainment establishments, may remain open 24 hours a day;
however, alcoholic beverages may not be offered for sale or on-premises
consumption between the hours of 5:00 a.m. and 8:00 a.m.
b. Restaurants also operatino as dance halls or entertainment establishments.
Restaurants with full kitchen facilities, serving full meals, licensed as alcoholicbeverageestablishments@,andalsooperatingas
dance halls, or entertainment establishments, may remain open 24 hours a
d"y; however, alcoholic beverages may not be offered for sale or on-
(1)
(2)
(3)
554
(4)
(5)
premises consumption between the hours of 5:00 a.m. and 8:00 a.m., and
dancing and entertainment shall not be conducted between the hours of 5:00
a.m. and 10:00 a.m.
c. Other alcoholic beveraqe establishments. Other alcoholic beverage
establishments@,notcontainingrestaurantswithfull
kitchen facilities, shall close at 5:00 a.m. and keep closed the place of
business and not allow any patron or other persons, other than those
employed by the vendor, to remain therein between the hours of 5:00 a.m.
and 8:00 a.m.
d. Srdewa/k cafes. Notwithstandinq the provisions of subsections (3)(a) throuqh
(c), alcoholic beveraqes shall not be offered for sale or consumption at
sidewalk cafes, as defined in section 82-366 of this Code and as otherwise
permitted bv the Citv in accordance with chapter 82, article lV. division 5,
subdivision ll of this Code (as mav be amended from time to time), between
the hours of 2:00 a.m. and 8:00 am. No variances mav be qranted from the
provisions of this section 6-3(3Xd) as to the hours of sale or consumption of
alcoholic beveraqes at sidewalk cafes.
Note: For purposes of this section, full kitchen facilities shall mean having
commercial grade burners, ovensr and refrigeration units of sufficient size and
quantity to accommodate the occupancy content of the establishment. Full
kitchen facilities must contain grease trap interceptors, and meet all applicable
city, county, and state codes.
Off-premises packaqe sales bv alcoholic beveraqe establishments. Off-premises
package sales shall be permitted between the hours of 8:00 a.m. and midnight,
for all establishments licensed as alcoholic beverage establishments.
Private clubs. A Pdva+e private clubs, either as a permitted main or accessoryuse, shall onlv offer alcoholic
beveraqes for sale or on-premises consumption if the private club, in accordance
with section 6-2(a), secures a license for the distribution or sale of anv alcoholic
beveraqes from the division of alcoholic beveraoes and tobacco of the
department of business and professional regulation of the state. Heurs ef
Private
clubs licensed as alcoholic beveraqe establishments, either as permitted main or
accessorv uses, shall onlv offer alcoholic beveraqes for sale or on-premises
consumption between the hours of 8:00 a.m. and 5.00 a.m.r4ilenday{h+eugh
, provided that service is made only to members
and guests of members pursuant to Florida Statutes. However, any private club
permitted to remain open after 2:00 a.m. shall purchase an extra-hours license
and must provide for security in its premises by hiring private security guards or
off-duty police officers between the hours of 2:00 a.m. and 5:00 a.m. each day.
Private clubs securing a license from the state division of alcoholic beverages
and tobacco by complying with the requirements of F,S. S 561.20 for racquetball,
tennis, or golf course facilities may admit members at any time for use of such
facilities, but may not serve alcoholic beverages after 2:00 a.m. each day unless
4
555
such private club is the holder of an extra-hours license and complies with the
above requirements.
(e
enfereed and vielatiens may be punished as seeend degree misdemeaners, as
(7) (Q) Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until
5.00 a.m. may continue to serve alcoholic beverages (i) until 7.00 a.m. on
January 1 (New Year's Day) or, if January 1 is on a Sunday, until 7:00 a.m. on
Monday if the day that is observed as a national holiday for New Year's Day is on
Monday, and (ii) until 7:00 a.m. during certain major event days or weekends as
may be designated by the city commission or as may be designated by the city
manager following approval by the city commission, under the following
conditions:
a. The police department and the code compliance divisi€"q department of the
city must be notified by a letter, received no laterthan 15 business days prior
to either (a) January 1 or (b) the day on which alcohol sales are to be
extended, stating that the alcoholic beverage establishment intends to serve
alcoholic beverages for on-premises consumption until 7:00 a.m.;
b. lf deemed reasonably necessary by the police chief, or the police chiefs
designee, off-duty police officers must be provided at the alcoholic beverage
establishment until 7:00 a.m.;
c. There are no pending City Code violations against the alcoholic beverage
establishment;
d. No delinquent or past due monies are owed to the city;
e. Outdoor entertainment or open-air entertainment is not allowed;
f. No violation of the city's noise ordinance shall be permitted;
g. No violation of the approved fire code occupancy load shall be permitted;
h. All required city permits and licenses are current;
i. The State of Florida alcoholic beverage license is current; and
j Any other conditions required by the city manager in order to protect the
public health, safety, or welfare.
Alcoholic beverage establishments set forth in subsections (3) and (5) permitted
to remain open to serve alcoholic beverages for on-premises consumption until
5:00 a.m. may continue to serve alcoholic beverages until 6:00 a.m. on the first
day of daylight savings time in the spring.
556
(8) (A The city manager may suspend the provisions of subsection (7)(6) at any time
to protect the public health, safety, or welfare.
Pe n altie s an d e nforce ment.
The followino penalties shall be imposed for a violation of this section:
L 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;
ii. 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.
iii. The penaltv for the third violation bv a person or entitv within a 12-
month oeriod shall be a civil fine of $ 10.000.00:
iv. Upon a findino bv the speclal master that four (4) or more violations
bv a person or entitv have occurred within a 12-month period, the
citv mav initiate proceedinos to revoke the certificate of use.
business tax receipt. or certificate of occupancv of the violator.
v. A sidewalk cafe permittee that has been issued four (4) or more
violations oursuant to this section or section 82-388 within a permit
vear shall be prohibited from applvino for and obtaininq a sidewalk
cafe permit for a period of two (2) permit vears followinq the permit
vear in which the sidewalk cafe permittee incurred the violations.
Enhanced penaltv. The following enhanced penaltv shall be imposed, in
addition to anv mandatorv fines set forth in subsection (8)(a) above, for
violations of this section:
L The sale of alcoholic beveraqes in violation of this section must be
immediatelv terminated, upon confirmation bv the code compliance
department that a violation has occurred.
Enforcement. The code compliance department shall enforce this section.
This shall not preclude other law enforcement aoencies or reoulatorv
bodies from anv action to assure compliance with this section and all
applicable laws. lf a code compliance officer (which. as defined in section
70-66, includes a police officer) finds a violation of this section, the code
compliance otficer 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 pavino the fine, that the violation mav be appealed bv
requestinq an administrative hearinq before a special master within ten
(10) davs after service of the notice of violation, and that the failure to
appeal the violation within ten (10) davs of service shall constitute an
admission of the violation and a waiver of the rioht to a hearinq.
557
d. Riqhts of violators: pavment of fine. rioht to appear: failure to pav civil fine
or to appeal; appeals from decisions of the special master.
L A violator who has been served with a notice of violation must elect
to either
A. pav the clvil fine in the manner indicated on the notice of
violation: or
B. request an administrative hearino before a special master
to appeal the notice of violation. which must be requested
within ten (10) davs of the service of the notice of violation.
ii. The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinos 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 the appeal.
iii. lf the named violator. after issuance of the notice of violation. fails
to pav the civil fine. or fails to timelv request an administrative
hearinq before a special master. the soecial master mav be
informed of such failure bv report from the officer. The failure of the
named violator to appeal the decision of the otficer within the
prescribed time period shall constitute a waiver of the violator's
riqht to an administrative hearinq before the special master. and
shall be treated as an admission of the violation, for which fines and
penalties shall be assessed accordinqlv.
iv. 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 bv the violator, which mav be enforced
in the same manner as a court iudqment 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 iudqment except for
enforcement purposes. On or after the sixtv-first (61st) dav
followinq the recordinq of anv such lien that remains unpaid, the
Citv mav foreclose or otherwise execute upon the lien.
v. Anv partv aqorieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
vi. The special master shall be prohibited from hearinq the merits of
the notice of violation or considerinq the timeliness of a request for
an administrative hearinq if the violator has failed to request an
administrative hearinq within ten (10) davs of the service of the
notice of violation.
vii. The special master shall not have discretion to alter the penalties
prescribed in subsection (8Xa) or (8Xb).
558
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
day of 2015.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
First Reading:May 6, 2015
Second Reading:
Underscore denotes new language
S+r*e++eugh denotes removed language
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
#lL
F:\ATTO\KALN\ORDINANCES\Alcohol\Alcoholic Beverages Hours of Sale Sidewalk Cafes 2AM.docx NK
559
CHAPTER 82 - PUBLIC PROPERTY
SIDEWALK CAFE ORDINANCE - ALCOHOL REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING CHAPTER 82, ENTITLED "PUBLIC
PROPERTY," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
AMENDING ARTICLE !V, ENTITLED "USES IN PUBLIC RIGHTS.OF-WAY,"
DIVISION 5, ENTITLED "SIDEWALK GAFES," SUBDIVISION II, ENTITLED..PERMIT," BY CREATING SECTION 82-388 THEREOF, ENTITLED "HOURS
OF SALE OF ALCOHOLIC BEVERAGES; ENFORCEMENT," TO TERMINATE
THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES AT
SIDEWALK CAFES AT 2:00 A.M., AND PROVIDE THAT SECTION 82-388
SHALL BE ENFORCED PURSUANT TO SECTTON 6-3(8) OF THE CtTy
CODE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,
AND AN EFFECTIVE DATE.
WHEREAS, there continues to exist the need for outdoor eating establishments
(sidewalk cafes) in certain areas of the City of Miami Beach ("City") to provide a unique
environment for relaxation and food and/or beverage consumption; and
WHEREAS, the existence of sidewalk cafes encourages additional pedestrian traffic to
these areas; and
WHEREAS, the presence of sidewalk cafes may thus impede the free and safe flow of
pedestrian traffic; and
WHEREAS, in order to facilitate and ensure a safe environment for residents and
visitors at sidewalk cafes, which are located on public rights-of-way, there is a need for
regulations and standards for the existence and operation of sidewalk cafes, including a need to
regulate the hours during which sidewalk cafes may offer alcoholic beverages for sale or
consumption; and
WHEREAS, the City has established permit conditions and safety standards for sidewalk
cafes in order to protect and promote the general health, safety, and welfare of the City's
residents and visitors; and
WHEREAS, it is in the best interest of the City, and it serves the health, safety, and
welfare of the City's residents and visitors, to require that sidewalk cafes, which are located on
public rights-of-way, terminate the outdoor sale and consumption of alcoholic beverages at 2:00
a.m., because the outdoor sale and consumption of alcoholic beverages can disturb the quiet
enjoyment of the community, cause undesirable noise, result in physical disputes amongst
patrons and passers-by, and contribute to litter, noxious odors, and the general degradation of
the City; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
identified above.
560
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 82-388 of Subdivision ll, of Division 5, of Article lV, of Chapter 82 of
the Code of the City of Miami Beach is hereby created as follows:
CHAPTER 82
PUBLIC PROPERTY
Articte lV. Uses ln puOlic nlghts-of-Way
***
DIVISION 5. SIDEWALK CAFES
,rOO,r,",* ll. Permit
Sec. 82-388. Hours of sale of alcoholic beverages: enforcement.
(g) Alcoholic beveraqes shall not be offered for sale or consumption at sidewalk cafes
between the hours of 2:00 a.m. and 8:00 a.m. Compliance with this section shall be a
condition of maintaininq a sidewalk cafe permit.
(B) A violation of this section shall be enforced and penalties shall be imposed in
accordance with section 6-3(8) of this Code.
Secs. 8ffi 82-389-82-410. Reserved.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
561
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
(Sponsored by Mayor Philip Levine)
First Reading. May 6, 2015
Second Reading:
Underscore denotes new language
S+ike+n+eugh denotes removed language
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTIW ON
A-i-$
Citv Attornev Date
F:\ATTO\KALN\ORDINANCES\Alcohol\Alcohol Amendments to Sidewalk Cate Ordinince.docx
'
\fJK
562
R7
RESOLUTIONS
563
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the recapture of $48,249.13 from three Unidad of Miami Beach projects that
have been flagged by HUD and the subsequent reallocation of these funds to the London House
AGENDA ITEM R7A
Supporting Data: Community Satisfaction Survey: N/A
Item Summarv/Recommendation :
Unidad of Miami Beach has been a long{ime recipient of Community Development Block Grant (CDBG)
funds. The City has used federal funds to support Unidad's construction of the North Beach Senior
Center, rehabilitation of the Coral Rock House property and the operation of its Project LINK program.
Combined, the City has awarded Unidad $1,971,934 (including a balance $23,920.13 in FY 2011112
funds) for the construction of the Senior Center inclusive of CDBG-R (federal stimulus) funds which
required expenditure and the achievement of a National Objective by September 30, 2012.
Unfortunately, City staff at the time erroneously notified HUD that the Senior Center was complete and
operational on September 29,2012. ln reality, the program did not achieve its National Objective of
serving as a senior/community center until March 2,20'15, as confirmed by a HUD monitoring thattook
place in March 2015.
ln FY 2012113, the City awarded Unidad $21,329 for rehabilitation of the Coral Rock House property. To
date, none of these funds have been drawn and the project was identified by HUD as a troubled activity
in FY 2013/14. Finally, the City awarded Unidad $3,000 in FY 2014115 funds for the operation of Project
LINK. To date, Unidad has failed to provide a budget to account for how these funds will be expended
despite repeated requests.
The Administration recommends reallocating those funds recaptured from the projects above (a
combined total of $48,249.13) to the London House Apartments, a City-owned affordable housing
project currently under renovation. These funds would be applied to the financing gap created by the
of surtax funds awarded to the proiect by Miami-Dade County but not
Source
of
Funds
L]
Maria L. Ruiz, Department Director, Office of Housinq and Community Services, Extension 6491
n-Offs:
Department Director Assistant Citylanager Gity Manager
.-A fl/A A(I
\nn{
MIAMIBEACH sa6 S6-lf564
E MIAMI BEACH
City of Miomi Beoch, l7O0 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI N MEMORANDUM
Mayor Philip Levine and Members the City mission
Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTTON OF THE MAYORhND THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AP AND AUTHORIZING THE CITY MANAGER
TO RECAPTURE $21,329 IN COMMUNITY DEVELOPMENT BLOCK GRANT
(GDBG) FUNDS FROM Fy 20't2t13 ORTGTNALLY AWARDED TO UNIDAD OF
MtAMt BEACH (UNIDAD) FOR THE RENOVATTON OF THE CORAL ROCK HOUSE;
APPROVING AND AUTHORIZTNG THE CITY MANAGER TO RECAPTURE $3,OOO
IN CDBG FUNDS FROM FY 201412015 ORIGINALLY AWARDED TO UNIDAD FOR
PROJECT LINK; APPROVING AND AUTHORIZING THE CITY MANAGER TO
RECAPTURE $23,920.13 IN CDBG FUNDS FROM FY 2011/,2012 ORIGINALLY
AWARDED TO UNTDAD FOR THE NORTH SHORE SENIOR CENTER; AMEND THE
FY 201112012, FY 2012113 AND FY 201412015 ACTION PLANS; AMEND THE FY
2013 THROUGH 2017 CONSOLIDATED PLAN; AND REALLOCATE THE
AFORESATD AMOUNT OF CDBG FUNDS FOR THE LONDON HOUSE
APARTMENTS REHABILITATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
Unidad of Miami Beach (Unidad) has been a long-time recipient of Community Development
Block Grant (CDBG) funds, US Department of Housing and Urban Development (HUD) funds
awarded to the City. The City has used federal funds to support Unidad's construction of the
North Beach Senior Center, rehabilitation of the Coral Rock House property and the operation of
its Project LINK program which provides referral information to low- and moderate-income
persons.
Combined, the City has awarded Unidad $1,971,934 in federal funds for the construction of the
Senior Center. ln addition to CDBG funds, the City provided CDBG-R (federal stimulus) funds
for the construction of the North Beach Senior Center (Senior Center). The CDBG-R funds
required expenditure and the achievement of a National Objective by September 30, 2012.
Unfortunately, City staff at the time erroneously notified HUD that the Senior Center was
complete and operational on September 29,2012. ln reality, the program did not achieve its
National Objective of serving as a senior/community center until March 2,2015, as confirmed by
a HUD monitoring that took place in March 2015.
ln FY 2012t13, the City awarded Unidad $21,329 for rehabilitation of the Coral Rock House
property. To date, none of these funds have been drawn and was identified by HUD as a
troubled activity in FY 2013/14. Finally, the City awarded Unidad $3,000 inFY 2014/15 funds for
TO:
FROM:
565
Commission Memorandum - Recapture & Reallocation of CDBG Funds
May 6, 2015
Page 2 of 3
the operation of Project LINK. To date, Unidad has failed to provide a budget to account for how
these funds will be expended despite repeated requests.
ANALYSIS
HUD has just completed an onsite monitoring of the City's CDBG activities. Two of Unidad's
activities have been flagged by HUD for non-compliance: the rehabilitation of the Coral Rock
House property and the Senior Center. The third activity addressed in this memo, FY 2014115
funding for Project LINK has yet to obtain a contract because Unidad has not submitted a
revised budget as originally requested in January 2015. Since there has been no action taken
on moving this Public Services Activity along to ensure timeliness compliance, the
Administration is recommending recapture. The amount being sought for recapture from Project
LINK is $3,000.
The Coral Rock House was funded in FY 2012/13 and has yet to make any progress. lt has not
made any compliant draws and has had no measurable progress since the contract was
executed on December 20, 2012. The contract originally terminated on September 30, 2014.
HUD flagged the activity last year for inactivity that could jeopardize the City's timeliness
requirements. As a result of inactivity, the Administration is recommending recapture of these
funds. The amount being sought for recapture from this activity is $21,329.
The Senior Center has several troubling issues. The most troubling is associated with the City's
erroneous report to HUD that the Senior Center became operational on September 29,2012
even though it had not. At the time, it appeared that City staff felt compelled to report the
completion of the project because of a timeliness provision associated with CDBG-R funds
requiring that stimulus funds be fully expended and a National Objective met no later than
September 30, 2012. tf the deadline were not met, HUD would then recapture the $391,107 in
CDBG-R funds.
However, in deeming the projec{ as completedin2Ol2, City staff, in essence, deemed all other
federally-funded contracts awarded to this project as closed since they reported the construction
as completed, the Certificate of Occupancy issued and the commencement of services as a
senior/community center. Please note that the Senior Center did not officially begin offering
eligible services until March 2,2015. As a result of erroneously reporting the North Shore Senior
Center as completed and providing services in September 2012, the following CDBG funds
were placed at risk for recapture:
Further, since the activity was presumably closed, all of the funding agreements for the Senior
Center expired on or before September 30, 2012. The sole remaining balance, $23,920.13,
2010t2011
566
Commission Memorandum - Recapture & Reallocation of CDBG Funds
May 6, 2015
Page 3 of 3
pending in FY 2010111, cannot be released because the funding contract has expired.
Therefore, we are seeking to recapture these funds and reallocate them to a viable project as a
means of safeguarding the funds and ensuring that CDBG timeliness goals are met.
The Administration recommends reallocating those funds recaptured from the projects above, a
total of $48,249.13, to the London House Apartments, a City-owned affordable housing project
currently being renovated. These funds would be applied to the financing gap created by the
delay of surtax funds awarded to the project by Miami-Dade County but not yet processed.
CONCLUSION
As recipients of federal funds, the City is responsible for ensuring compliance with CDBG
program rules including the timeliness of expenditures. ln all three cases noted herein, the
recapture of these funds is in the City's best interests to ensure that timeliness deadlines are
met. ln addition, the recaptured funds will reduce the funding gap in a City-owned project. For
these reasons, the Administration is recommending the recapture of the delineated funds
originally awarded to Unidad of Miami Beach and the subsequently reallocation of these funds
to the London House Apartments.
I
JLM/KGB/MLR
T:\AGENDA\201S\May\HOUSING & COMMUNIW SERVICES\Funds Recapture and Reallocation to London House 0506201S.doo<
567
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER
TO RE-CAPTURE THE FOLLOWING FUNDS: 1) $21,329 lN COMMUNITY
DEVELOPMENT BLOCK GRANT (GDBG) FUNDS FROM Fy 2012t13 AWARDED
TO UNIDAD OF MIAMr BEACH (UNIDAD) FOR THE RENOVATION OF THE
CORAL ROCK HOUSE; 2l $3,000 lN CDBG FUNDS FROM FY 201412015
AWARDED TO UNIDAD FOR "PROJECT LINK;" AND 3) $23,920.13 IN CDBG
FUNDS FROM FY 201112012 AWARDED TO UNIDAD FOR THE NORTH SHORE
SENIOR CENTER; FURTHER AMENDING THE FY 201112012, FY 201A13 AND FY
201412015 ACTION PLANS, AND THE FY 2013 THROUGH 2017 CONSOLIDATED
PLAN, TO RE.ALLOCATE THE AFORESAID CDBG FUNDS, TOTALLING
$48,249.13, FOR THE LONDON HOUSE APARTMENTS REHABILITATION
PROJECT.
WHEREAS, the City is the recipient of Community Development Block Grant (CDBG) funds
from the U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, the City subsequently awards these funds to a variety of community-based
organizations to provide needed public services, renovate public facilities, and create affordable
housing; and
WHEREAS, the City awarded the following CDBG and CDBG-R funds to Unidad of Miami
Beach (UNIDAD) for the construction of the North Shore Senior Center:
t.
ii.
iii.
iv.
V.
vi.
vii.
viii.
ix.
$75,000 in FY 200212003;
$75,000 in FY 200312004;
$150,000 in FY 2004/2005;
$250,000 in FY 2005/2006;
$300,000 in FY 2006/2007;
$1 35,000 in FY 2007 12008;
$261,364 in FY 2008/2009;
$254,463 in FY 2009/2010;
80,000 in FY 2010/2011;x. $391,107 in FY 2009/2010; and
WHEREAS, the CDBG-R funds had an expenditure deadline of September 30, 2012, and an
obligation to meet a National Objective by that same date; and
WHEREAS, the last of the CDBG funding agreements between the City and UNIDAD for the
North Shore Senior Center expired on September 30, 2012, preventing the release of $23,920.13
remaining in the CDBG FY 201112012 agreement; and
WHEREAS, the City also awarded UNIDAD of Miami Beach $21,329 in FY 201212013
CDBG funds for the rehabilitation of its Coral Rock House property, located at 1701 Normandy
Drive; and
WHEREAS, UNIDAD has yet to renovate the Coral Rock House, as planned, resulting in this
activity being flagged as troubled by HUD; and
568
WHEREAS, the City awarded UNIDAD $9,000 in FY 201412015 CDBG funds for the support
of "Project LINK', an information and referral service; and
WHEREAS, the Mayor and City Commission subsequently reduced the award to $3,000 on
December 17,2014;and
WHEREAS, UNIDAD has yet to submit an approved budget for the use of the funds awarded
for "Project LlNK", posing a timeliness issue with the expenditure of these funds; and
WHEREAS, the City is obligated to ensure that CDBG funds are expended in a timely and
compliant manner with federal rules and regulations; and
WHEREAS, the City recommends re-capturing a total amount of $48,249.13 from the
aforestated projects; and
WHEREAS, the City has a funding gap in the rehabilitation of the London House
Apartments, an affordable housing project owned by the City; and
WHEREAS, the re-allocation of these funds to the London House Apartments project will
reduce the funding gap; and
WHEREAS, the re-capture and re-allocation of these funds will require subsequent
amendments to, respectively, the City's Action Plans (for Fiscal Years 201112012,201212013, and
201312014) and the City's FY 2013 through 2017 Consolidated Plan.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE Clry OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby authorize the
City Manager to re-capture the following funds: 1) $2t,329 in Community Development Block Grant
(CDBG) funds from FY 201212013 awarded to Unidad of Miami Beach (UNIDAD) for the renovation
of the Coral Rock House; 2) $3,000 in CDBG funds from FY 201412015 awarded to UNIDAD for
"Project LINK;" 3) $23,920.13 in CDBG funds from FY 201112012 awarded to UNIDAD for the North
Shore Senior Center; and further amending the FY 201112012, FY 201211203 and FY 201412015
Action Plans; and the FY 2013 through 2017 Consolidated Plan, to re-allocate the aforesaid amount
of CDBG funds, totaling $48,249.13, for the London House Apartments rehabilitation project.
PASSED AND ADOPTED this _day of.2015.
ATTEST:
CITY CLERK MAYOR
,8[R[8XP-8IlB'
eXe;i3 44Fffi =
569
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution accepting the recommendation of the Neighborhoods/Community Affairs Committee to
issue an RFP seeking private developers to develop the Barclay Plaza Apartments as Workforce
AGENDA I R7
Ensuring Workforce Housing for Key lndustry Workers is Available in Suitable Locations
Supporting Data: Community Satisfaction Survey: 18o/o of businesses cited the lack of affordable
housing for the labor force as the most important challenge facing their businesses
Item Summary/Recommendation :
At its September 24,2014 meeting, the Neighborhoods/Community Affairs Committee directed the
Administration to identify a property for potential development as workforce housing serving those
residents earning 120 to 140 percent of Area Median lncome (AMl) and employed in the public safety,
education and municipal sectors. The Mayor and Commission accepted this recommendation defining
workforce housing via Resolution 2014-28794. The Administration presented the possible use of the
Barclay Plaza Apartments as workforce housing to the March 20, 2015 Neighborhood/Community
Affairs Committee. The Committee unanimously endorsed this location.
The Barclay Plaza was the recipient of federal funds and its affordability period has not expired.
Therefore, the City would have to refund its invested funds to HUD. The amount subject to repayment is
$413,152.56. These funds would be returned to the City's line of credit for subsequent use to develop or
rehabilitate affordable housing for households earning up to 80 percent of AMI ($38,880).
The Barclay Plaza has several unique qualities that are attractive to developers. These qualities would
be emphasized when the City issues a Request For Proposal to develop the site as workforce housing.
ln addition to marketing the unique development opportunity, the RFP would seek to identify the
development experience of potential partners with an emphasis on historic preservation work. Finally, a
responsive proposer would have the fiscal capacity to ensure development of the site meeting the City's
high quality expectations for such a prominent City Center location.
While HUD would need to be repaid $413,152.56, the Barclay Plaza's location and potential to attract
private developers offers a unique opportunity for the City to embark on the Commission's direction to
develop workforce housing. The Administration recommends the issuance of a Request For Proposals
to gauge interest in developing this City-owned property to create workforce housing for those earning
120 to 140 percent Area Median lncome and employed in the public safety, education and municipal
sectors.
of
Funds
Maria L. Ruiz, Department Director, Office of Housinq and Community Services, Extension 6491
MIAMIBEACH DATE- S-6-,S570
MIAMIBEACH
City of Miomi Beoch, I 200 Convention Center Drive, Miomi Beoch, Florido 33I 39. www.miomibeochfl.gov
COMMISSION EMORANDUM
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
May 6, 2015
SUBJECT: A RESOLUTION OF THE MAYOR XND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ISSUE A REQUEST FOR
PROPOSALS TO IDENTIFY A PUBLIC.PRIVATE PARTNERSHIP WITH THE CITY, IN
ORDER TO DEVELOP THE CITY-OWNED PROPERTY LOCATED AT 1940 PARK
AVENUE (THE BARCLAY PLAZA APARTMENTS), AS WORKFORGE HOUSING
SERVING PERSONS EARNING BETWEEN 120 AND 140 PERCENT OF AREA MEDIAN
tNcoME (AMt) AND EMPLOYED lN THE PUBLIG SAFETY, EDUCATION AND
MUNICIPAL SECTORS.
ADM!NISTRATION RECOMMENDATION
Approve the resolution.
KEY !NTENDED OUTCOME
Ensuring Workforce Housing for Key lndustry Workers is Available in Suitable Locations
BACKGROUND
At its September 24, 2014 meeting, the Neighborhoods/Community Affairs Committee directed the
Administration to identify a property for potential development as workforce housing as part of its
broader direction to pursue the development of affordable housing serving those residents earning 120
to 140 percent of Area Median lncome (AMl) and employed in the public safety, education and
municipal sectors. The Mayor and Commission accepted this recommendation defining workforce
housi ng via Resolu tion 201 4-287 94.
For the past year, the City has been working diligently to proactively address a variety of operational
concerns involving Miami Beach Community Development Corporation (MBCDC). As part of a broader
solution, the City acquired several properties previously owned by MBCDC but fiscally supported by
the City. These properties were:. Barclay Plaza Apartments. Lottie Apartments. Madeleine Village Apartments. Neptune Apartments
All of the properties, except for the Barclay Plaza Apartments, were acquired fully leased. These
properties are now owned and managed for the City as affordable housing developments in
compliance with the terms of the federal funding utilized to acquire and/or rehabilitate the properties.
TO:
FROM:
DATE:
571
City Commissioner Memorandum - Barclay Plaza as Workforce Housing
May 6, 2015
3 pages
The following US Department of Housing and Urban Development (HUD) funds were used in these
properties:. Community Development Block Grant (CDBG). HOME lnvestment Partnership Program (HOME). Neighborhood Stabilization Program (NSPI)
Unfortunately, the Barclay Plaza Apartments, which were acquired January 30, 2015, have significant
capital needs and ongoing building violations. These violations include the failure to complete its 40-
year certification which has been in arrears since 2011. ln addition, the building was the victim of an
intentional fire on February 2,2015 which is under investigation by Miami Beach Police. While the fire
damage was contained by the sprinkler system, vandals had destroyed the electrical box and elevator
controls which had been replaced using HUD funds.
The Administration presented the possible use of the Barclay Plaza Apartments as workforce housing
to the March 20, 2015 Neighborhood/Community Affairs Committee. The Committee unanimously
endorsed this location as the possible site for workforce housing.
ANALYSIS
While the City had initially intended to maintain the Barclay Plaza Apartments as affordable housing,
the extensive and necessary renovations are expected to cost millions of dollars. The City's affordable
housing funds are insufficient to complete the task as it would take multiple years' allocations and
timeliness deadlines make the project unviable. However, the Barclay Plaza's central location (located
across the street from the Convention Center) offers potential as a possible location for workforce
housing that can be developed in conjunction with private developers in support of Resolution 2014-
28794. The property's close proximity to shopping, dining, recreational and cultural centers, and
access to mass transportation routes makes this location ideal for a workforce wishing to live, work
and play in our community.
Because the property was the recipient of federal funds and the affordability period has not expired,
the City would have to refund its invested funds to HUD as a condition of subsequent development as
non-affordable housing. The amount subject to repayment to HUD is $413,152.56. These funds would
be returned to the City's line of credit for subsequent use to develop or rehabilitate affordable housing
for households earning up to 80 percent of AMI ($38,880).
The City can issue a Request For Proposals (RFP) to seek a private partner who can collaborate with
the City to rehabilitate the Barclay Plaza Apartments as workforce housing. The Committee's direction
to market workforce housing to people earning 120 to 140 percent AMI ($57,840 to $67,480 in
household income for a household of one) provides significant latitude in potential rental rates to
attract a broader range of developers than would be expected for an affordable housing project.
Aside from ideal location, the Barclay Plaza has several attractive qualities which establish it as a
unique development opportunity:
History - The Barclay Plaza, built in 1935, was once considered a premier hotel destination on our
community. ln the 1950s, the three story hotel boasted wood columns in its open lobby which faced
Park Avenue on the east and led to a pool on the west. The raised, gated pool remains on the
property. The Barclay Plaza Hotel, as it was then known, was a social nightspot that featured Cuban
cuisine in the 1940s and 1950s when our community competed with Havana as a tourist destination.
Architectural Value - The Barclay Plaza was designed by the Kiehnel & Elliott architectural firm
which also worked on Miami Senior High School, Coral Gables Congregational Church, the Coconut
Grove Playhouse, and Seybold Building, among others. The three-story building, with its traditionalArt
572
City Commissioner Memorandum - Barclay Plaza as Workforce Housing
May 6, 2015
3 pages
Deco design and L-shaped layout, features beautiful faEade details and is reminiscent of our
community's preeminent role as a destination for fun and relaxation. lt is nestled between the Allen
Apartments (which were renovated in 2011) to the north and the London House Apartments, currently
undergoing complete rehabilitation.
Physical Attributes - The physical lot affords unique access from both Park Avenue and Washington
Avenue. The rear fagade faces the east side of the Convention Center and includes limited on-site
parking. Aside from a bus stop on the corner, the Barclay Plaza is within walking distance of the
Museum District, Lincoln Road and Washington Avenue's shopping district.
The City would emphasize these unique qualities when it issues a Request For Proposal for interested
parties to develop the site as workforce housing. ln addition to marketing the unique development
opportunity in such a central City location, the RFP would seek to identify the development experience
of potential partners with an emphasis on historic preservation work. Finally, a responsive RFP would
demonstrate an applicant's fiscal capacity ensuring that it has the financial resources to adequately
develop the site meeting the City's high quality expectations for such a prominent City Center location.
CONCLUSION
While HUD would need to be repaid for its funds used at the Barclay Plaza Apartments, its location
and potential to attract private developers offers a unique opportunity for the'City to embark on the
Commission's direction to develop workforce housing for those residents earning 120 to 140 percent
AMI and employed in the public safety, education and municipal sectors. Therefore, in support of the
Key lntended Outcome of Ensuring Workforce Housing for Key lndustry Workers is Available in
Suitable Locations, the Administration recommends the issuance of a Request For Proposals to gauge
interest in developing this City-owned property to create workforce housing for those earning 120 to
140 percent Area Median lncome and employed in the public safety, education and municipal sectors.
dh
JLM/KGB/MLR
T:\AGENDA\201S\May\HOUSING & COMMUNITY SERVICES/Barclay Plaza Workforce Memo 05062015
573
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ISSUE A REQUEST FOR
PROPOSALS TO IDENTIFY A PUBLIC.PRIVATE PARTNERSHIP WITH THE GITY, IN
ORDER TO DEVELOP THE CITY.OWNED PROPERW LOCATED AT 1940 PARK AVENUE
(THE BARCLAY PLAA.A APARTMENTS), AS WORKFORCE HOUSING SERVING PERSONS
EARNTNG BETWEEN 120 AND 140 PERCENT OF AREA MEDTAN TNCOME (AMr) AND
EMPLOYED IN THE PUBLIC SAFETY, EDUCATION AND MUNICIPAL SECTORS.
WHEREAS, at its September 24,2014 meeting, the Neighborhoods/Community Affairs
Committee (NCAC Committee) directed the Administration to identify a property for potential
development as workforce housing as part of its broader direction to pursue the development of
affordable housing serving those residents earning 120 to 140 percent of Area Median lncome
(AMl) and employed in the public safety, education and municipal sectors (Workforce Housing
Criteria); and
WHEREAS, on October 22,2014, the Mayor and Commission adopted Resolution No.
2014-28794, accepting the recommendation of the NCAC Committee and defining workforce
housing pursuant to said Workforce Housing Criteria; and
WHEREAS, the Barclay Plaza Apartments, a 66-unit, three-story building located at
1940 Park Avenue, was acquired by Miami Beach Community Development Corporation
(MBCDC) in 2007 with City Redevelopment Agency funds for the purpose of creating affordable
housing; and
WHEREAS, MBCDC returned the building to the City on January 30,2015, because it
did not have the resources or fiscal capacity to complete the building and ensure the delivery of
qualifying affordable housing units; and
WHEREAS, on February 2,2015, the Barclay Plaza Apartments was the victim of arson
criminal mischief causing extensive damage to the building's lobby and electrical system;
WHEREAS, the City estimates that repair and renovation costs for the Barclay Plaza
Apartments are $6,000,000; and
WHEREAS, the City's current and future affordable housing funds are insufficient to
make the necessary repairs within HUD's required timeframe; and
WHEREAS, the Barclay Plaza Apartments is a suitable location for workforce housing
because it is centrally located to shopping districts, the hotel district, and major bus routes; and
WHEREAS, the Administration presented the possible use of the Barclay Plaza
Apartments as workforce housing to the NCAC Committee at its Marcn 20, 2015 meeting and
said Committee unanimously endorsed this location as the possible site for workforce housing;
and
and
and
574
WHEREAS, the development of workforce housing at the Barclay Plaza Apartments
achieves a Key lntended Outcome and enables the City to become compliant with HUD
expenditure requirements; and
WHEREAS, the Administration recommends the issuance of a Request for Proposals
(RFP), in order to assist identifying private resources that can be leveraged with the City's
ownership of the property to develop the Barclay Plaza Apartments for workforce housing.
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 Neighborhoods/Community Affairs Committee to issue a Request
For Proposals to identify a public-private partnership with the City, in order to develop the City-
owned property located at 1940 Park Avenue (The Barclay Plaza Apartments), as workforce
housing serving persons earning between 120 and 140 percent Area Median lncome (AMl) and
employed in the public safety, education, and government sectors.
PASSED AND ADOPTED this _day of.2015.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK PHILIP LEVINE, MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
*-o-rb
-
Dote
575
r--
1915.201.5
City of Miomi Beoch,1700 Convention Cenier Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mavor Phirip Levine and Memb"" "[:'*E
Jimmy L. Morales, City Manaser
ln F
May 6, 2015
\]
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF
THE FINANCE AND CITYVI/IDE PROJECTS COMMITTEE
AND AUTHORIZING THE CITY MANAGER, THROUGH
THE CITY OF MIAMI BEACH POLICE DEPARTMENT AND
THE CITY ATTORNEY'S OFFICE, TO NEGOTIATE THE
FIRST TWO (21 YEAR RENEWAL TERM OF THE
AGREEMENT BETWEEN THE CITY AND XEROX STATE
AND LOGAL SOLUTIONS, INC. FOR THE PHOTO RED
LIGHT ENFORCEMENT PROGRAM; WITH THE
RENEWAL TERM TO HAVE AN AMENDMENT TO
TNCLUDE AT A M!N!MUM, A PROVISION FOR FIVE (5)
ADDITIONAL RED LIGHT CAMERA DESIGNATED
INTERSEGTIONS; RELOCATION AND UPGRADE OF
GERTATN EXTSTTNG DESTGNATED TNTERSECTTON(S);AND THE FULL INDEMNIFICATION, HOLDING
HARMLESS AND DEFENSE OF THE CITY BY XEROX
FOR ANY PENDING OR FUTURE LITIGATION; FURTHER
AUTHORIZING THAT THE INITIAL TERM OF THE
AGREEMENT SHALL CONTINUE ON THE SAME TERMS
AND CONDITIONS, SUBJECT TO TERMINATION FOR
CONVENIENCE WITHOUT CAUSE BY THE GITY
MANAGER, UNTIL COMPLETION OF NEGOTIATIONS OR
JULY 8,2015, WHICHEVER IS EARLIER.
Agendaltem R7 C
Date S 6-l f576
Backqround:
ln April 2010, the City of Miami Beach entered into a contract with Xerox State
and Local Solutions, lnc. to begin a photo red light (PRL) ticket enforcement
program. A total of 10 cameras were located throughout the City, from 17th Street
in the South to 71st Street and lndian Creek in the North. While some cameras
were installed in 2010, the program only became fully operational at 9 inter-
sections in 2011.
The intent of the PRL program is to improve public safety by reducing motor
vehicle crashes at traffic signal intersections by holding red-light offenders
accountable for their violations. The Miami Beach Police Department currently
manages the program and monitors 10 cameras in 9 different intersections
throughout the city. The City of Miami Beach's contract with Xerox is set to expire
in May 2015. The Commission must make a policy decision whether to renew or
modify the agreement.
Analvsis:
ln order to inform the Commission's decision on whether to renew the contract, a
multi-year break down for traffic crash data is illustrated. Additional detail
regarding types of crashes by location is also provided.
577
rffiffiEil@@@wmMmEil@@@
17thl 13
Washington Crash
Ave 21nj
12
Crash
17thl Alton Rd 2lnj
Dade Blvd/ 13
Washington Crash
Ave 2lnj
3
23rd SU Dade Crash
Blvd 0 lnj
3
41st SU Crash
Prairie Ave 1 lnj
2
Chase/ and
Alton Rd
63rd StreeU
lndian Creek
Abbott
Ave/lndian
Creek
71 st St and
lndian Creek
Crash
1 lnj
22
Crash
4 lnj
5
Crash Crash Crash
0 lnj 0 lnj 0 lnj
4810
Crash Crash Crash
0 lnj 2lnj 3 lnj
6 8 12 13
Crash Crash Crash Crash
0 lnj 3 lnj 1 lnj 3lnj
14 13 15 13
Crash Crash Crash Crash
2lnj 2lnj 4 lnj 4 lnj
8712
Crash Crash Crash Crash
1 lnj 1 lnj 0 lnj 0 lnj
3323
Crash Crash Crash Crash
0 lnj 1 lnj 0 lnj 1 lnj
4733
Crash Crash Crash Crash
21nj llnj 0lnj 0lnj
1415
Crash Crash Crash Crash
0 lnj 0 lnj 0 lnj 0 lnj
13 12 5 7
Crash Crash Crash Crash
2lnj llnj llnj llnj
3155
1295
Crash Crash Crash
2lnj 3lnj 0lnj
6146
Crash Crash Crash
0 lnj 2lnj 1 lnj
541
Crash Crash
0 lnj 0 lnj
40
Crash Crash
0 lnj 0 lnj
34
Crash Crash Crash Crash Crash
1 lnj 0 lnj 0 lnj 0 lnj 0 lnj
54111
Crash Crash Crash Crash Crash
2lnj 2lnj 1 lnj 0 lnj 0 lnj
68217
Traffic Crashes with lniuries, bv calendar vear at PRL lntersections
Cameras implemented mid-year 2010, 2011 first full year of RLC data
68
Crash Crash
2lnj 2lnj
11 27
Crash Crash
1 lnj 0 lnj
47
Crash Crash Crash
0 lnj 1 lnj 1 lnj
014
Crash Crash Crash
0 lnj 0 lnj 0 lnj
213
Crash Crash
0 lnj 0 lnj
411
Crash Crash
1 lnj 1 Inj
Crash Crash Crash
0 lnj 2ln) 1 lnj
210
Crash Crash Crash
0 lnj 1 lnj 0 lnj
541
Crash Crash
0 lnj 1 lnj
15
Crash Crash
0 lnj 1 lnj
37
Year Total Crashes Number of lniuries
Crash Crash Crash Crash Crash
1 lnj 1 lnj 1 lnj 1 lnj 1 lnj
12
I
12
7
10
6
11
4
5
6
2005:
2006:
2007:
2008:
2009:
2010:
2011:
2012:
2013:
2014:
77
60
65
48
62
48
48
23
29
69*
578
"lmportant note: The MBPD believes that the 2013-2014 data is skewed by the
extraordinary traffic conditions in South Beach due to road construction during that time,
particularly in the West Ave/Alton Road corridor.
When analyzing safety, it is important to also consider the fact that fewer crashes
translate to better traffic flow. lt is estimated that each traffic crash takes police
officers 1.5 hours to respond, investigate and clear the roadway. Fewer traffic
crashes mean less frequent lane closures, maximizing unrestricted traffic flow
and reallocating police resources to other calls for service. To help illustrate this,
the number of traffic crashes, with corresponding collision type and camera
location, is attached (see supporting material, 2005-14 data).
FISCAL IMPAGT: (see supporting material)
Since the program's initial investment, revenue has surpassed expenditures.
Until this analysis, however, all staff sa/aries specifically dedicated to the
operation of this program was not included as expenditures. The "True Cost"
column factors in all salaries/benefits under the current operation of the PRL
program. With this correction, a surplus of $189,000 is projected for FY 15/16.
The Miami Beach Police Department has also discussed expanding the program
by adding five additional cameras. These would be strategically placed
throughout the city at key intersections. The new cameras, along with a
recommended relocation of an existing camera, will encompass upgraded
technology that will enhance picture quality. lt is estimated that if these additional
cameras are added, the surplus above expenses for the PRL program would
move from $189,000 to $355,000 annually.
A breakdown of the data specific to ticket fine amounts, as governed by
legislation, is noted below:
o Each ticket cost: $158.00o State of Florida collects: $83.00. City of Miami Beach collects: $75.00
579
Proposal:. lncrease the number of cameras by five and deploy to the following, high
volume traffic crash intersections:
o Collins Avenue (SR A1A) and 67th Street
o MacArthur Causeway EB (SR A1A) and Bridge
o MacArthur Causeway WB (SR 41A) and South Fountain Street
o Alton Road (SR 907) and Michigan Avenue
o Washington Avenue and 14th Streeto Move at least one (1) of the current ten (10) cameras that is
underperforming to a location(s) where current traffic crash data indicates
they would be better utilized in addressing safety and subsequently, traffic
flow.
Recommendation:
@inanceandCitywideProjectsCommitteemeeting,the
Committee recommended negotiating the contract renewal with Xerox State and
Local Solutions for a defined period of time and allow an expansion of five
additional cameras.
JLM:DJO:WRG:tr
580
RESOLUTION TO BE SUBMITTED
581
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida,
accepting the Recommendation of the Finance and Citywide Projects Committee to have the
Administration and City Attorney's Office explore a potential public-private partnership with
LSN Partners, LLC forthe development of a parking garage on 42nd Street and Jefferson
Avenue, and report back to the Committee.
lntended Outcome
Ensure Comprehensive Mobility Addressing All Modes Throughout The City.
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey
indicates 74o/o of residents and72o/o of businesses rate the availability of parking across the
City as too little or much too little. Availability of parking was one of the changes residents
identified to make Miami Beach a better to live. work or plav.
Item S ummary/Recommendation :
On November 19, 2014, the Mayor and Commission approved a referral item requested by
Commissioner Weithorn, for a discussion regarding a public-private partnership for a two-story
parking garage to be erected over both Municipal Parking Lot No. P62, located at 836 42nd Street
and a private parking lot, located at 830 42nd Street (between Jefferson and Meridian Avenues).
On April 8,2015, the Finance and Citywide Projects Committee (FCWPC) recommended that the
Administration and City Attorney's Office meet with LSN Partners, LLC and explore a public-
private partnership for the development of a parking garage on Municipal Parking Lot No, P62,
located on 42nd Street and Jefferson Avenue and the adjacent private parking lot.
The FCWPC recommended having the Administration and City Attorney's Office explore a
potential public-private partnership with LSN Partners, LLC for the development of a parking
garage on 42nd Street and Jefferson Avenue, and report back to the Committee.
Administration Recommendation: Adopt the Resolution.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmoact Summarv:
Clerk's Office
Saul Frances
T:\AGEN DA\20 1 5\May06\T:\AGEN DAVO 1 5\May0620 1
AGENDA rrer,r I{7 DMIAMI&TACH DATI 96 -,r582
g MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMI SION MEMORANDUM
Mayor Philip Levine and Members the
Jimmy L. Morales, City Manager
May 6, 2015
A RESOLUTION OF THE MA
MIAMI BEACH, FLORIDA, ACC
FINANCE AND GITYWIDE PROJECTS COMMITTEE TO HAVE THE
ADMINISTRATION AND CITY ATTORNEY'S OFFICE EXPLORE A POTENTIAL
PUBLIC.PRIVATE PARTNERSHIP WITH LSN PARTNERS, LLC FOR THE
DEVELOPMENT OF A PARKING GARAGE ON 42ND STREET AND JEFFERSON
AVENUE, AND REPORT BACK TO THE COMMITTEE.
BACKGROUND
On November 19, 2014, the Mayor and Commission approved a referral item requested by
Commissioner Weithorn, for a discussion regarding a public-private partnership for a two-
story parking garage to be erected over both Municipal Parking Lot No. P62, located at 836
42nd Street, and a private parking lot, located at 830 42nd Street (between Jefferson and
Meridian Avenues).
ANALYSIS
On April 8,2015, the Finance and Citywide Projects Committee (FCWPC) recommended
that the Administration and City Attorney's Office meet with LSN Partners, LLC and explore a
public-private partnership for the development of a parking garage on Municipal Parking Lot
No, P62, located on 42no Street and Jefferson Avenue and the adjacent private parking lot.
CONCLUSION
The FCWPC recommended having the Administration and City Attorney's Office explore a
potential public-private partnership with LSN Partners, LLC for the development of a parking
garage on 42nd Street and Jefferson Avenue, and report back to the Committee.
&
+4 $t
JLM/Kb6/SF
T:\AGEN DA\201 5\May06201 5\RecommendationFCWPCP62JV.cme.doc
TO:
FROM:
DATE:
SUBJECT:AND CITY COMMISSION OF THE CITY OF
THE RECOMMENDATION OF THE
583
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
FINANCE AND CITYWIDE PROJECTS COMMITTEE TO HAVE THE
ADMINISTRATION AND CITY ATTORNEY'S OFFICE EXPLORE A POTENTIAL
PUBLIC.PRIVATE PARTNERSHIP WITH LSN PARTNERS, LLC FOR THE
DEVELOPMENT OF A PARKTNG GARAGE ON 42ND STREET AND JEFFERSON
AVENUE, AND REPORT BAGK TO THE COMMITTEE.
WHEREAS, on November 19, 2014, the Mayor and Commission approved a referral
item requested by Commissioner Weithorn, for a discussion regarding a public-private
partnership for a two-story parking garage to be erected over both Municipal Parking Lot No.
P62, located at 836 42nd Street, and a private parking lot, located at 830 42nd Street (between
Jefferson and Meridian Avenues); and
WHEREAS, on April 8,2015, the Finance and Citywide Projects Committee (FCWPC)
recommended that the Administration and City Attorney's Office meet with LSN Partners, LLC
and explore a public-private partnership for the development of a parking garage on Municipal
Parking Lot No, P62, located on 42nd Street and Jefferson Avenue and the adjacent private
parking lot; and
WHEREAS, the Administration will conduct said analysis and provide its findings to the
Committee.
NOW, THEREFORE, BE IT 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 Finance and Citywide Projects
Committee to have the Administration and City Attorney's Office explore a potential public-
private partnership with LSN Partners, LLC for the development of a parking garage on 42nd
Street and Jefferson Avenue and report back to the Committee.
PASSED AND ADOPTED this day of 2015.
ATTEST:
Rafael E. Granado, City Clerk Philip Levine, Mayor
4-:&-15
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COMMISSION ITEM SUMMARY
Gondensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AGCEPTING THE RECOMMENDATION OF THE FINANCE AND CITYWIDE
PROJECTS COMMTTTEE TO TSSUE REQUEST FOR PROPOSAL (RFp) NO.2015-013-YG FOR
SECURITY OFFICER SERVICES.
ndation:
The City of Miami Beach requires security guard services to augment law enforcement efforts City-wide and
during special events. As a result, the Administration is seeking approval to issue the aforementioned RFP to
seek proposals from qualified firms to provide security officer services to the City.
At its February 11,2015 meeting, the City Commission referred a discussion on RFP 2015-013-WG, for
Security Officer Services, to the Finance and City-Wide Projects Committee (the "Committee"). At its March 2,
2015 meeting, the Committee considered the RFP as wellas recommended revisions to the RFP provided Mr.
David Custin a lobbyist of G4S Secure Solutions (USA), one (1) of the potential proposers to the RFP. The
Committee directed staff reconvene the working group responsible for the development to the RFP
specifications to complete an analysis of the recommended revisions to the RFP provided Mr. Custin; and,
provide the Committee with feedback on which recommendations were acceptable to the working group and
which were not.
On March 10,2015, the working group reconvened to complete the analysis directed by the Committee. The
analysis and feedback provided by the working group is shown in the attached copy of the Committee
Memorandum, dated April 8, 2015. At its April 8, 2015 meeting, the Committee directed staff to revise the
minimum requirements for the Security Officer Level I by adding a minimum one (1) year of experience as a
licensed security officer. Staff made this change. Furthermore, in effort to differentiate between the Security
Officer Level I and Level ll position, Staff has modified the minimum requirements for the Security Officer
Level ll position by increasing the minimum experience from one (1) year to two (2) years. The successful
proposer(s) will be responsible for providing security officer services in an effort to create a visible presence of
security personnel within the City of Miami Beach, to improve the perception of public safety, provide
assistance and information to citizens and visitors, provide assistance to law enforcement through deterrence,
observance and reporting of suspected criminal activity, address issues associated with the homeless,
safeguard citizens, visitors and employees, and property of the City of Miami Beach. Staffing levels shall have
the capability to expand and contract to meet the staffing needs of the City for routine and special events.
CITY MANAGER'S RECOMMENDATION
Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida authorize
the issuance of RFP 2015-013-WG for Securitv Officer Services.
Reform Culture With Customer Service ASIS
Supporting Data (Surveys, Environmental Scan, etc.): N/A
N/A
Financial lnformation:
Financial lmpact Summary: fhe annual cost associated with the acquisition of Security Officer
Services is subiect to funds availability approved throuqh the City's budqeti
Alex Denis, Director Ext # 6641
S\May\PROCUREMENT\RFP 20'1 5-01 3-YG Security Services-ISSUANCE SUMMARY
,n
-
AEENDA ITE'I'AAIA/\AIMTACH BATE S-6-I(586
MIAMIBEACH
City of Miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33I39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AC THE RECOMMENDATION OF THE
FINANGE AND CITYWIDE PROJECTS COMMITTEE TO ISSUE REQUEST FOR
PROPOSAL (RFp) NO. 2015-013-yc FOR SECURITY OFFICER SERV|CES.
ADMINISTRATION RECOMM EN DATION
Authorize the issuance of the RFP.
BACKGROUND
The City of Miami Beach requires security guard services to augment law enforcement
efforts City-wide and during special events. As a result, the Administration is seeking
approval to issue the aforementioned RFP to seek proposals from qualified firms to
provide security officer services to the City.
At its February 11,2015 meeting, the City Commission referred a discussion on RFP
2015-013-WG, for Security Officer Services, to the Finance and City-Wide Projects
Committee (the "Committee").
At its March 2, 2015 meeting, the Committee considered the RFP as well as
recommended revisions to the RFP provided Mr. David Custin a lobbyist of G4S Secure
Solutions (USA), one (1) of the potential proposers to the RFP. The Committee directed
staff reconvene the working group responsible for the development to the RFP
specifications to complete an analysis of the recommended revisions to the RFP
provided Mr. Custin; and, provide the Committee with feedback on which
recommendations were acceptable to the working group and which were not.
On March 10,2015, the working group reconvened to complete the analysis directed by
the Committee. Representatives from the following City departments were present:
Police, Emergency Management, Parking, Parks, Procurement. The analysis and
feedback provided by the working group is shown in the attached copy of the Committee
Memorandum, dated April 8, 2015.
At its April 8,2015 meeting, the Committee discussed the updated draft of the RFP. The
Committee directed staff to revise the minimum requirements for the Security Officer
Level I by adding a minimum one (1) year of experience as a licensed security officer.
Staff made this change. Furthermore, in effort to differentiate between the Security
Officer Level I and Level ll position, Staff has modified the minimum requirements for the
Security Officer Level ll position by increasing the minimum experience from one (1)
year to two (2) years.
City
587
City Commission Memorandum - RFP for Security Officer Services
May 6, 201 5
Page 2 of 2
SCOPE OF SERVICES
The successful propose(s) will be responsible for providing security officer services in
an effort to create a visible presence of security personnel within the City of Miami
Beach, to improve the perception of public safety, provide assistance and information to
citizens and visitors, provide assistance to law enforcement through deterrence,
observance and reporting of suspected criminal activity, address issues associated with
the homeless, safeguard citizens, visitors and employees, and property of the City of
Miami Beach. Staffing levels shall have the capability to expand and contract to meet the
staffing needs of the City for routine and special events.
OTHER RFP REQUIREMENTS
. MINIMUM QUALIFICATIONS. Please Reference, Appendix C, RFP 2015-013-
YG for Security Officer Services (attached).
. Please Reference Section 0300, RFP 2015-
013-YG for Security Officer Services (attached).
o CRITERIA FOR EVALUATION. Please Reference Section 0400, RFP 2015-
013-YG for Security Officer Services (attached).
CONCLUSION
The Administration recommends that the Mayor and Commission accept the
recommendation of the Finance and Citywide Projects Committee to issue Request for
Proposal (RFP) No. 2015-013-YG for Security Officer Services.
ATTACHMENTS
RFP 2015-013-YG for Security Officer Services.
JLM/MT/CT/AD
T:\AGENDA\2015\May\PROCUREMEN1RFP 2015-013-YG Security Officer Seruices-ISSUANCE MEMO.doc
Page 2 of 2
588
REQUEST FOR PROPOSALS (RFP)
SECURITY OFFICER SERVICES
20 r 5-01 3-YG
RFP ISSUANCE DATE: MAY 8, 2015
PROPOSALS DUE: JUNE 8,2015 @ 3:00 PM
ISSUED BY: YUSBEL GONZALEZ, CPPB
# MIAIIAINHACH
YUSBET GONZAIEZ, 5R. PROCUREMENT SPECIATIST
PROCU REMENT DEPARTMENT
17OO Convention Center Drive, 3'd Floor, Miomi Beoch, FL 33.l39
305.6737000 X 6230 | yusbelgonzolez@miomibeochfl.gov
www.miomibeochfl.gov
589
g ivitAicisilACH
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
APPENDIGES:
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS ........14
APPENDIX B "NO PROPOSAL" FORM. ,....,,,,..21
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS .........23
APPENDIX D SPECIAL CONDITIONS .... .........37
APPENDIX E COST PROPOSAL FORM ..,.....,.41
APPENDIX F INSURANCE REOUIREMENTS ..........43
RFP 201 5-01 3-YG Poge 2
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1. GENERAL. This Request for proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the
**r* tor prspective iropor.rr to submii theii 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, subsequenly, the succesiful Proposer(s) (the "contractor[s]") if this RFP results in an award'
The City utilizes publicpurchase (www.publicpurchase ) for automatic notification of competitive solicitation
opportunitiesanddocumentfutflttm@eofanyaddendumtothisRFP.Anyprospective
fropor., who has received this RFp by any rn.inr other than through PubticPurchase must register immediately
with public purchase to assure it receives any addendum issued to this RFP. Failure to receive an addendum
may result in disqualification of proposal submitted.
2. puRposE. The city of Miami Beach is soliciting responses from proposers for security officer services in an
.ff*t tr *prve publit safety, address quality of-life issues and decrease crime by assisting law enforcement
through deterrence and reporting of suspected criminal activity.
schedule for this solicitation i follows:
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the
Procurement Contact noted below:
Procurement Contact:
Mr. Yusbel Gonzalez, CPPB
Telephone:
305.673.7000 x 6230
Email:
yusbelgonzalez@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.
The Bid tifle/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'
? qnl ICITATION TIMFTABI F The tentatrve ts sollcllalon ls as
RFP lssued May 8,2015
Pre-Proposal Meeting May 18, 2015 at 10:00 AM
Deadline for Receipt of Questions lfiay 22,2015 al5:00 PM
Responses Due June B, 2015 at 3:00 PM
Evaluation Committee Review July 15, 2015 (Tentative)
Proposer Presentations TBD
Tentative Commission Approval Authorizing
Negotiations
September 9, 2015 (Tentative)
Contract Negotiations Following Commission APProval
RFP 20] 5 OI 3 YG Poge 3
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b \,\lAfr,tl SilACf-{
s. pRe.pRoposRl ueeluc oR sre vt6t(st. onry ir of.*o 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'.4142489
Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this
RFP expressing their intent to participate via telephone.
6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective
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 fonvarded 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/procuremenUscroll. aspx?id=235 1 0
. CONE 0F S|LENCE,... CITY CODE SECTION 2486
o PROTEST PROCEDURES CITY CODE SECTION 2-371
. DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2.485,3
. LOBBYIST REGISTMTION AND DISCLOSURE OF FEES.... CITY CODE SECTIONS 248'1 THROUGH 2-406
o CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2487
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS 0N PROCUREMENT
ISSUES .....,.... CITY CODE SECTION 2488
o REQUIREMENT FOR CITY CONTMCTORS TO PROVIDE EQUAL
BENEFITS FOR DOMESTIC PARTNERS..... CITY CODE SECTION 2.373
. LIVING WAGE REQUIREMENT......,.... CITY CODE SECTIONS 2407 THROUGH2-410
. PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETEMNS AND TO STATE-CERTIFIED SERVICE-
DISABLED VETEMN BUSINESS ENTERPRISES CITY CODE SECTION 2.374
RFP 2015-013-YG Poge 4
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o FALSE CLAIMS ORDINANCE.. CITY CODE SECTION 70-300
. ACCEPTANCE 0F GIFTS, FAVORS & SERVICES.... CITY CODE SECTION 2-449
9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the
deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written
notice of any such postponement to all prospective Proposers through PublicPurchase.
10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the proposal
due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and
proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-
371 shall be barred.
11. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011-
3748, the City shall give a five (5) point preference to a responsive and responsible Proposer which is a small
business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise.
12. DETERMINATION OF AWARD, The final ranking results of Step '1 & 2 outlined in Section V, Evaluation of
Proposals, will be considered by the City Manager who may recommend to the City Commission the Propose(s)
he/she deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manage/s
recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami
Beach City Code Section 2-369, including the following considerations:
(1) The ability, capacity and skill of the Proposer to perform the contract.
(2) Whether the Proposer can perform the contract within the time specified, without delay or
interference,
(3) The character, integrity, reputation, judgment, experience and efficiency of the Proposer.
(4) The quality of performance of previous contracts.
(5) The previous and existing compliance by the Proposer with laws and ordinances relating to the
contract.
The City Commission shall consider the City Manager's recommendation and may approve such recommendation.
The City Commission may also, at its option, 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,
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 relect all proposals within one-
hundred twenty (120) calendar days after proposals opening date. A Proposer may not withdraw its proposals
unilaterally before the expiration of one hundred and twenty (120) calendar days from the date of proposals opening.
14. PROPOSER'S RESPONSIBILITY. Before submitting a Proposal, each Proposer shall be solely responsible for
making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions
and requirements affecting the full performance of the contract. lgnorance of such conditions and requirements,
and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any
RFP 20r 5-013-YG Poge 5
593
g
obligation to comply with every detail and with
accepted as a basis for any subsequent claim
Proposer.
A"{IA,\4iBTACF{
all provisions and requirements of the contract, and will not be
whatsoever for any monetary consideration on the part of the
15. COSTS INCURRED BY PROPOSERS. Allexpenses 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.
21. MANNER 0F PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner
and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of
knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from
responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained,
experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to
furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently
required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all
licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force
and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a
material breach of this contract.
Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or
services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation
and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all
applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the
Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws.
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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 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 pdority of the documents shall be as
follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation,
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30. INDEMNIFICATION. The contractor shall indemnify and hold harmless the City and its officers, employees,
agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of the agreement by the contractor or its employees, agents, servants, partners, principals or
subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate
proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The contractor
expressly understands and agrees that any insurance protection required by this Agreement or 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.
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), At.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,
whicheverisearlier.Additionally,Contractoragreestobeinfull compliancewithFloridaStatutell9.0T0l 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, MODIFICATIONTV|THDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all
or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received
after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award
unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening
of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said
expiration date, and letters of withdrawal received after contract award will not be considered.
34. EXCEPTIONS TO 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).
RFP 20r 5-013-YG Poge 8
596
g ,\41A,\AlsrACH
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 Pa,ge lntentionallv Left Blank
RFP 20r 5-0r 3-YG Poge 9
597
sEcTloN 0300
b AiltaAArRFarH: I Y ill \i v i![JL-, l\Jl I
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)electronicformat (CD or USB format) are to be submitted. The following information
should be cleady 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, 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 wil! be returned to Proposer unopened. The City does not accept responsibility for any delays,
natural or othenvise.
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.
Cover Letter & Minimum Qualifications
1.1 Gover 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 Specifications.
Ex & 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 identifled in this solicitation, including experience in
providing similar scope of services to public sector agencies. For each project that the Proposer submits as evidence of
similar experience, the following is required: project description, agency name, agency contact, contact telephone &
email, and yea(s) and term of engagement.
2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for
this project if awarded, the role that each team member will play in providing the services detailed herein and each team
members' qualifications. A resume of each individual, including education, experience, and any other pertinent
information, shall be included for each Proposal team member to be assigned to this contract.
2.3 Financial Capacity. Each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report
(SOR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of
the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SQR report from D&B at:
https//supplierportal.dnb.com/webapp/wcs/stores/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 accuracy prior to submittal to the City and
RFP 20 r 5-0 r 3-YG Poge 1 0
598
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 Pro
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 MIAMIBTAChI
Submit a com
Cost F
d Cost Form ix E).
Note: After proposal submittal, the City reserves the right to require additional information from Proposers (or
Proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation
history, regulatory action, or additional references); and financial capability (including, but not limited to, annual
reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years).
h and
Submit detailed information on how Proposer plans to accomplish the required scope of services, including detailed
information, as applicable, which addresses, but need not be limited to: use of innovative technology, training
received by security officers above basic licensing requirements, communication protocols, proactive approach to
dealing with quality of life issues affecting Miami Beach, crime prevention and retaining sufficient personnel to meet
the City's needs.
RFP 20r 5-0r 3-YG Poge 1 1
599
IAAAiBTACFI
sEcroN 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:
. review and score all proposals received, with or without conducting interview sessions; or
. review all proposals received and short-list one or more Proposers to be further considered during
subsequent interview session(s) (using the same criteria).
Proposer Experience and Qualifications, including Financial Capability
Scope of Services Proposed
Approach and Methodology
3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposers may receive
additional quantitative criteria points to be added by the Department of Procurement Management to those points
earned in Step 1, as follows,
Cost Proposal
/!AA
PROPOSAL EVALUATION
Veterans Preference
4. Cost Proposal Evaluation. The cost proposal points shall be developed in accordance with the following formula:
Sample Objective Formula for Cost
Vendor Vendor
Cost
Proposal
Example Maximum
Allowable Points
(Points noted are for
illushative 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 / $150 X 25 = 'l 6 16
Vendor C $200.00 25 $100/$200X25=13 13
RFP 20r5 0l 3-YG Poge 1 2
600
ID ldlAlt l $IACH
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:
ti,, li il'lil L
lE, Committe.q r,'r: Mernber. 1 l;::
Step 1
Points 82 76 80
Step 2
Points 25 to 13
Total 107 92 93
Rank 1 3 2
'li;'"':L ri;,
: i:':::::: t
.ir:ii,ilj:it::=
: Committee
Member,2
Step'l
Points 79 85 72
Step 2
Points 25 16 13
Total 104 101 85
. Rank 1 Z 3
Step 1
Points 80 74 66
Step 2
Points 25 16 13
Total 105 90 79
Rank 1 :,::2 3
* Final Ranking is presented to the City Manager for further due diligence and
recommendation to the City Commission. Final Ranking does not constitute
an award recommendation until such time as the City Manager has made his
recommendation to the City Commission, which may be different than final
ranking results.
RFP 20r 5-0r 3-YG Poge 1 3
601
APPENDIX A
g fu\IAMIMMACM
Proposo I Certificotion,
auestionnoire &
Req uirements Affid ovit
2015-0t 3-YG
SECURITY OFFICER SERVICES
PROCUREMENT DEPARTMENT
lZ00 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20r5-0r 3-YG Poge 1 4
602
Solicitation No:
2015-013-YG
Solicitation Title:
SECURITY OFFICER SERVICES
Procurement Contact:
YusbelGonzalez
Tel:
305.673.7000 x 6230
Email:
vusbeloonzalez@miamibeachfl .oov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform
prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from
Proposers in order that certain portions of responsiveness, responsibility and other determining factors and
compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements
Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed.
General Proposer lnformation.
FIRM NAME:
No of Years in Business:NoofYeansinBusinessLocally: I No.ofEmployees:
OTHER NAME(S) PROPOSER HAS OPERATED UNDER IN THE LAST 1O YEARS:
FIRM PRIMARY ADDRESS (HEADQUARTERS):
CITY:
STATE:ZIP CODE:
TELEPHONE NO.:
TOLL FREE NO.:
FAX NO.:
FIRM LOCAL ADDRESS:
CITY:
STATE:ZIP CODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT:
ACCOUNT REP TELEPHONE NO.:
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EITIIAIL:
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.
RFP 2015-013-YG Poge 1 5
603
4.
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
f-__l vrs f--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 0f lnterest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family
member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must
disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
Proposer entity or any of its affiliates.
SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member
(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers must also disclose the name of
any City employee who owns, either directly or indirectly, an interest of ten ('10%) percent or more in the Proposer entity or any of
its affiliates
SUBMI-TTAt REQUIREMENT: Fer eaeh referenee submitted, the fellewing infermatien is require* 1) Firm Name; 2) eentaet
hdividuat Name & Title, 3) Address, l) Telephene, 5) eentaet's Email and 6) Narrative en Seepe ef Serviees Previded,
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 ves [---l tto
SUBMITTAL REQUIREMENT: lf answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to
action(s).
Vendor Gampaign 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.
RFP 20r 5-0r 3-YG Poge 1 6
604
8.
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 flve (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable
governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of
Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of Business
Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of Miami Beach Code of
Ethics, available at www. miamibeachfl .gov/procuremenU.
Living Wage. Pursuant to Section 2-408 o'tthe 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 $11.62/hourly 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 $1 00,000 whose contractors maintain 5'1 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?
[-_] vrs [---l i,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?f--l vrs [-_l uo
9.
RFP 20r 5-0r 3-YG Poge 1 7
605
c.Please check all benefits that apply to your answers above and list in the "othe/' section any additional benefits not already
specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as
bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance.
BENEFIT Firm Provides for
Employees with
Soouses
Firm Provides for
Employees with
Domestic Partners
Firm does not
Provide Benefit
Health
Sick Leave
Family Medical Leave
Bereavement Leave
lf Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.9., there are no insurance
providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To
comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application
(attached) with all necessary documentation" Your Reasonable Measures Application will be reviewed for consideration by the City
Manager, or his designee. Approval is not guaranteed and the City Manage/s decision is final. Further information on the Equal
Benefits requirement is available at www.miamibeachfl .gov/procuremenV.
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 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.
lnitlal to Confirm
Receiot
lnitial to Confirm
Receiot
lnitial to Conlirm
Receint
Addendum 1 Addendum 6 Addendum '11
Addendum 2 Addendum 7 Addendum 12
Addendum 3 Addendum 8 Addendum 13
Addendum 4 Addendum 9 Addendum 14
Addendum 5 Addendum 10 Addendum 15
lf additional confirmation of addendum is required, submit under separate cover
'10.
11
RFP 20r 5-0r3-YG Poge l 8
606
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, pa(ners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make alldisclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is 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 20r 5-013-YG Poge 1 9
607
I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's
proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document,
inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto,
and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and
conditions contained in the solicitation, and any released Addenda and understand that the following are requirements
of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged,
discussed, or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any
other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by
the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal,
inclusive of the Proposal Certification, Questionnaire and Requirements Affidavit are true and accurate.
Name of Propose/s Authorized Representative:Title of Propose/s Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of 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
RFP 20r 5-0r 3-YG Poge 20
608
APPENDIX B
g iv\lAr'v\i mffiCH
"No Bid" Form
2015-0 l3-YG
SECURITY OFFICER SERVICES
PROCUREMENT DEPARTMENT
l70O Convention Center Drive
Miomi Beoch, Florido 33.l39
RFP 20r 5-0r 3-YG Poge 21
609
WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR
REASON(S) CHECKED AND/OR TND|CATED BELOW:
_ Workload does not allow us to proposal
_lnsufficient time to respond
_ Specifications unclear or too restrictive
_ Unable to meet specifications
_Unable to meet service requirements
_Unable to meet insurance requirements
_Do not offer this producUservice
_OTHER (Please specify)
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: Yusbel Gonzalez
RFP PROPOSAL #201 5-01 3-YG
1700 Convention Center Drive
MIAMI BEACH, FL 33139
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610
APPENDIX C
g ffiiAMiffiEAilN
Minimum Requirements
& Specificotions
2015-0r 3-YG
SECURITY OFFICER SERVICES
PROCUREMENT DEPARTMENT
1700 Conveniion Center Drive
Miomi Beoch, Florido 33.l39
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The City of Miami Beach is seeking proposals from qualified firms for Security Officer Services in a manner
that ensures the highest level of security for a diverse number of posts, while performing a variety of
functions and duties. All work shall be in accordance with Section 493, Florida Statutes.
The objective is to accomplish the following:
. Create a visible presence of security personnel within the City of Miami Beach to improve the
perception of public safety.. Provide assistance and information to citizens and visitors.. Provide assistance to law enforcement through deterrence, observance and reporting of suspected
criminal activity.. Address issues associated with the homeless and others whose behavior conflicts with acceptable
community norms.. Safeguard the citizens, visitors, employees and property of the City of Miami Beach.. Expand and contract to meet the staffing needs of the City and demonstrate where they have done
so previously.
The City of Miami Beach is very interested in innovative approaches, incorporating industry best
practices, which exceed the requirements listed below.
C1, Minimum Requirements, The Minimum Eligibility Requirements for this solicitation are listed below.
Proposer shall submit detailed verifiable information affirmatively documenting compliance with each
minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-
responsive and will not be considered.
a. Proposer shall be licensed in accordance with Chapter 493, Florida Statutes to perform Security
Services.
SUBMITTAL REQUIREMENT: Submit a copy of Proposer's Class "B," "4q," or "AB," as
applicable, for the location identified in Proposal.
b. Proposer shall have provided similarly scoped security guard services for a minimum of two (2)
continuous years for at least three (3)public sector entities, within the last five (5) years.
SUBMITTAL REQUIREMENT: For each of the three (3) public sector clients, provide the
following: Name of Agency; Agency Contract Representative and Contact lnformation;
Beginning and Ending Dates of Service.
c. Proposer shall have a Dun and Bradstreet (D&B) Supplier Evaluation Risk (SER) score rating of
not higher than 6.
SUBMITTAL REQUIREMENT: As required in Tab 2.3, Section 0300, Proposer shall arrange
for Dun & Bradstreet to submit a Supplier Qualification Report (SOR) directly to the
Procurement Contact named herein, which indicates Proposer's SER.
C2. Statement of Work Requirements.
The Successful Contractor Shall Provide:
a. A minimum of three (3) roving Level V Security Officers equipped with an automobile on duty within
the City limits of Miami Beach at all times. The Level V Security Officers must be able to respond to
any site within 15 minutes. A list must be submitted in writing, identifying the name(s) of each roving
shift Level V Security Officers, and all security personnel under their supervision, b te Contract
Administrator or their designee.
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b.
c.
d.
o
Written activity and incident reports, maintenance requests, visitor logs, etc. as dictated by the
post assignment. Bidders who utilize web-based security officer reporting software should submit
system details under approach and methodology for consideration.
A guard Tour System (which may include (but not be limited to) Deggy or near field
communications (NFC) tags) at contracted posts to ensure security officers are making required
rounds at assigned frequencies and times. Bidders who utilize web-based security officer reporting
software should submit system details under approach and methodology for consideration.
A weekly report, downloaded from Deggy's, NFC tags or other approved reporting system to the
Contract Administrator or its designee. . Bidders who utilize web-based security officer reporting
software should submit system details under approach and methodology for consideration.
The location of the Deggy's, NFC tags or other approved reporting system to the Contract
Administrator or their designee for approval.
A Project Manager who will be required to meet with City representatives upon request.
All uniforms, radios, firearms, rain gear, traffic vests, tools and equipment necessary to perform the
required security services in accordance with the bid documents.
Uninterrupted services under all conditions, to include, but not limited to the threat or the actually of
a strike, adverse weather conditions, a disaster, or emergency situations, at the agreed upon
hourly contractual rate.
Rules and Regulations Manual for Security Officers.
Prolect Manager to work with the Contractor Administrator or their designee to review and/or
develop Post Orders for all locations where Security Officers will be utilized with the City of Miami
Beach.
A written, quarterly report of security incidents to the Contract Administrator or its designee.
ln additlon, the Successful Contractor will be responsible for advertising and recruiting qualified security
officers, training the security officers, preparing paychecks, payroll taxes, Social Security and withholding
taxes, preparing W-2's, unemployment and workmen's compensation claims and liability insurance. The
obligation of the City of Miami Beach will be solely to compensate the Successful Contractor for the number
of hours provided monthly in accordance with the contract price schedule. The Successful Contractor will
provide a Schedule of Values/Payment Schedule to the City's Contract Administrator for review and
approval, prior to the commencement of work.
Any costs incurred in order to perform the Services required by the City of Miami Beach, is a business
expense the Successful Contractor must assume.
C3. Locations.
It is the intent of the City to award the provision of Security Officers for selected facilities as well as for other
facilities as may be required by the City during the term of the contract. Security officers are needed for a
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h.
l.
j
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diverse number of posts within the City of Miami Beach to perform a variety of functions and duties. Posts
include, but are not limited to, Lincoln Road Mall, City Hall campus, parking lots and garages, the beach and
board walks, the Bass Museum, and the Normandy Shores Gatehouse.
The amount of service hours, officer levels, required service type and duties shall be determined solely by
the City in its best interests. The City reserves the right to add or delete sites that need to be covered by
security guard seruices.
C4. Special or Emergency Events.
At the City's discretion additional security officers may be requested for special or emergency events. A
"special or emergency event" is generally defined by the City as a temporary use on public or private
property that would not be permitted generally or without restriction throughout a particular zoning district,
and may include any City declared emergency and other unplanned events. "Special or Emergency
Events" do not include planned City events, such as Holidays, New Year's Eve, Memorial Day Weekend,
lndependence Day Weekend, Labor Day Weekend, etc. For planned events, the Contractor shall provide
the required personnel at the "Routine Rate" contract price. For Special or Emergency Events, the
contractor shall provide personnel at the "special or Emergency Rate." Any Conkactor personnel deployed
under Special or Emergency Event circumstances, shall be converted to Routine Rates after three (3)
calendar days or as agreed to by the City's contract representative.
Notwithstanding the above, the City approve, upon approval of the City manager, negotiate with the
Contractor for additional services or rates as dictated by the situation.
C5. Response Time,
For routine requirements, Security Officers are generally required on the next calendar day. For special or
emergency events, the Contractor shall have a qualified officer present and ready for duty within three (3)
hours of request. The City's contract representative and the Contractor may consider and agree upon
alternative response times.
C6. Approval and Removal of Personnel.
The City shall approve all Contractor personnel prior to their assignment to the City. The City reserues the
right to interview any prospective Contractor employee prior to the person being assigned to City
assignment, The City additionally reserves the right to relieve any Contractor employee from a duty
assignment, and/or bar the employee from further service under this solicitation.
Personnel Requirements and Services
All personnel employed by the selected propose(s) to perform duties as a result of this solicitation shall be
approved prior to performing said duties. Contractor personnel shall keep active, and possess at all times
while on duty, those professional, technical licenses or certificates as required by all Federal and Florida
State Statutes. This includes a company-issued photo l.D. Card. All are to be conspicuously displayed at
all times while on duty. The selected proposer shall provide in all instances radio equipped, uniformed
Security Officers, and armed if requested, to provide security service at the designated locations.
Adherence to Law
The selected propose(s) shall adhere to all Federal, State, and Local Laws that apply to the provision of
Security Officer Services, as a result of this solicitation, as well as those laws that regulate the general
public. This shall include, but not be limited to, compliance with Federal Tax Laws (e.9. payment of
FederalWithholding Taxes) State of Florida Unemployment Taxes, Workers Compensation Federal Wage
and Hour Regulations, Living Wage Ordinance and other applicable laws and regulations,
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Backqround Checks
Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform background
checks on its personnel which comply with, at a minimum, Section 1012.465, Florida Statutes. By virtue of
submitting a proposal to this RFP, the Contractor fully indemnifies and holds the City harmless for any and
all actions and damages resulting from its failure to comply with this requirement. Any findings shall be
reported to the City, through its Human Resources Director, who shall have the ultimate discretion to allow
or not any Contractor personnel on City property. Additionally, the City may require, at any time (including
annual contract anniversary, change in assignment or any other instance for which an additional
background check is deemed necessary by the City through its Human Resources Director), that any
Contractor personnel submit to additional background screenings as deemed necessary by the City. The
Contractor shall reimburse the City for the cost of said background check, plus an administrative fee of
10%).
The City shall have the right to refuse to allow any Contractor personnel to work on City property when it
deems that their presence on City property is not in the City's best interest.
Druq Testinq
Prior to assigning personnel to the City, the Contractor, at no cost to the City, shall perform and proposed
personnel shall pass a drug test following the protocols outlined in 49 CFR, Part 40. The following panel of
ten drugs shall be tested for at the Successful Contractor's expense. Bidder shall bear all cost associated
with the initial drug tests. Any findings shall be reported to the City, through its Human Resources Director,
who shall have the ultimate discretion to allow or not any Contractor personnel on City property.
The City's tuned I &$enel dng tsst ard cut*ff hvelr are as iollo$rs:
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ln tlrc ca*s of sn slcohol test e re*ult of 0.0{ or gr€atcr slndihrtes a positirre rrsult A
*nfimation heathalyr* te$ shall be admiriEtered fdbrring $e initial test in accordaffia with
fie pro*durm in TiXe 49 Cod€ of Federa: Reguhtisns. Fst 40.
Minimum Requirements for All levels of Securitv Officers
Possess a valid Class "D" security officer license pursuant to F.S. 493. All officers shall maintain
this license on their person at all times while providing service to the City under the Contract.
Shall be a citizen of the United States of America, or an alien who has been lawfully admitted for
permanent residence as evidenced by ResidenUAlien Registration Receipt Card Form 1-151, or
who presents other evidence from U.S. Citizenship and lmmigration Services that employment will
not affect his/her immigration status. Acceptable evidence shall consist of a birth certificate or
a.
b.
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appropriate naturalization papers.
c. Shall have a valid State of Florida Driver's license. (Required if Security Officer is assigned to
vehicular patrol (e.9. motor vehicles or golf cart).
d. Shall be at least 21 years of age.
e. Shall have a high school diploma or a GED. High school diploma or GED shall be from an
accredited and verifi able institution.
f. Successfully pass a test for drug and illegal substance use.
g. Be able to communicate effectively in English (multilingual prefened).
h. Ability to write a repoft in English.
i. Ability to communicate, provide information and directions in a courteous manner.
j. Trained and certified in basic first aid and Cardiopulmonary Resuscitation (CPR).
k. Trained in the use of Automated External Defibrillators (AEDs).
L Physically capable of pursuing and detaining individuals who have committed criminal acts.
m. Pass criminal background checks, FDLE and NCIC lll.
ln addition, Security Ofiicers shall meet the specific requirements for each level as specified below:
a. Security dfficer Level I - An unarmed individual with a Class D license. Minimum one (1) year of
experience as a licensed Security Officer.
b. Security Officer Level ll - An unarmed individual with a Class D license. A minimum of two (2)
years of experience as a Class D Licensed Security Officer or in the military or law enforcement.
c. Security Officer Level lll - An armed individual with Class D and Class G licenses. A minimum two
(2) years of experience, either as Class D licensed Security Officer, Police Officer, or Military Police
are required.
d. Security Officer Level lV - An armed individual with Class D and Class G licenses. A minimum five
(5) years of experience, as a Class D licensed Security Officer and two (2) years of experience as
a Class G licensed Security Officer or flve (5) years of experience as a Police Officer or Military
Police are required.
e. Security Officer Level V - An armed or unarmed individual with Class D and Class G licenses. A
minimum of five (5) years of experience, either as a licensed Class G, Security Officer, Police
Officer or Military Police are required, The individual shall have the ability to supervise, monitor,
and regulate Security Officers with Class D and Class G licenses in their performance of assigned
duties. This level of Security Officer may be a site supervisor when multiple Security Officers are
required present at the same time, to coordinate Security Service efforts.
f. Security Officer Level Vl - An armed or unarmed individual with Class D and Class G licenses. A
minimum of ten (10) years of experience either as a licensed Class G Security Officer, Police
Officer or Military Police are required. The individual shall have the ability to supervise, monitor,
and regulate Security Officers with Class D and Class G licenses in their performance of assigned
duties. This level of Security Officer may be a project manager when multiple site supervisors are
required for large or complex sites, to coordinate Security Service efforts.
Personnel Probation
Ail secunty offrcers working for the City of Miami Beach are subject to a thirty (30) day probation period. lf
during this probation period, the City of Miami Beach is not satisfled with the performance of a security
officei, the City of Miami Beach will notify the Successful Contractor of such performance and the
Successful Contractor will replace the security officer immediately.
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Additionally, the City of Miami Beach reserves the right to demand in writing that the Successiul Contractor
relieve an'employee from a duty assignment, and/or ban the employee from further service under the
contract, at the sole discretion of the City of Miami Beach.
Personnel employed by the Successful Contractor are ineligible to work for the City of Miami Beach for the
following reasons:
a. Military conduct resulting in dishonorable or undesirable discharge.
b. Any pattern of irresponsible behavior including, but not limited to, bad driving or employment
record.
Securitv Officer Levels l-lV Duties
l leport to"lvork on time and remain on assigned post until relieved or as required.
2. Maintain a professional appearance. Uniforms shall be clean, pressed and include a name tag,
shoes polished.
3. Maintain a courteous attitude to the public and City employees at all times'
4. While assigned to a fixed post, patrol of an area or a facility, detect and prevent individuals or
groups from committing acts injurious to others or to property.
S. lntervene to terminate injurious acts to persons or to property and detain individuals for further
investigation or arrest in accordance the State of Florida's Security Officers Handbook (F.S.S.
Chapter 493).
6. Communicate effectively with the public and City of Miami Beach personnel to provide directions
and assistance.
7, Conduct patrols in accordance to post orders. Where applicable, a guard tour system shall be
used to record and report security officers' presence at designated posts.
8. Raise and lower flags at designated times where applicable.
L Lock and unlock gates and doors at designated times.
10. Turn on and off lights as required.
11. Ensure that only authorized personnel are permitted access to closed or restricted facillties or
locations.
12. Respond to reports of sick or injured persons and notify appropriate authorities.
13. Report safety hazards, malfunctioning equipment, spills and other such matters to appropriate
individuals.
14. Monitor and operate fire alarm systems, intrusion detection systems and CCTV systems as
required.
15. Respond to fire/burglar alarms and emergency situations. Evaluate the situation and take
appiopriate action ai prescribed in Post Orders and/or facility emergency procedure/evacuation
plan.
16. investigate questionable acts and behavior on City property. Question witnesses and suspects to
ascertain or verify facts and notify appropriate authorities if warranted.
17. Operate a vehicle (bicycle, golf cart, motor vehicle) as required.
18. Maintain daily logs, prepare daily and incident repofts.
19. Provide escorts to City employees and visitors to their vehicles when requested.
20. Perform any other duiies or functions not specifically mentioned above, but which are identified as
falling within the scope and responsibilities of a security officer's responsibilities.
Securitv Officers Level V Duties
ln addition to the duties listed above Security Officers shall:
1. Patrol area of assignment and actively supervise all security officers under their command.
2. Ensure proper inventory of keys, electronic key cards and supplies'
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3. Conduct daily inspections to verify all posts are manned and all security officers are fully equipped
and in proper uniform.4. Be knowledgeable of all security officer positions and duties.5. Be knowledgeable of all City/County ordinances related to quality of life issues.
Security Officers Level Vl Duties1. Functions as the Project Manager for the City of Miami Beach.2. Prolect Manager will be required to meet with City representatives upon request.3. Prolect Manager will work with the Contractor Administrator or their designee to review and/or
develop Post Orders for all locations where Security Officers will be utilized with the City of Miami
Beach.4. lmmediately report any unusual incident to the Contract Administrator or their designee.5. Coordinate with Contract Administrator or its designee all security operations and services for
regular and special events to insure proper staffing.6. lnstall guard tour system sensors where directed by the City of Miami Beach Contract
Administrator or its designee.7. Provide weekly downloads of all the City of Miami Beach posts where guard tour system sensors
are installed. The downloaded information will accompany the weekly invoices.8. Be knowledgeable of all security officer positions and duties.9. Be knowledgeable of all City/County ordinances related to quality of life issues.
Limitation on Emplovee-Hours and Assiqnments
No personnel assigned to the City shall provide more than twelve (12) hours of service, including all break
periods, in any twenty-four (24) hour period, unless the work periods are separated by an eight (8) hour non-
duty period. This limitation may be waived by the City in emergency situations that are beyond the control
of the Contractor, (e.9, weather conditions, civil disturbances, natural disasters, etc.) which prevents the
next shift from getting to their assignment. Each occunence will require an individual waiver provided by the
City.
Overtime
No overtime for either regularly scheduled or special events will be paid by City of Miami Beach for security
personnel supplied by the Successful Contractor unless pre-approved by the City of Miami Beach Contract
Administrator or its designee.
Trainino
Specialized training may be required to assume the duties and responsibilities of some posts within the City
of Miami Beach.
The cost for such training will be considered part of the Successful Contracto/s operational expenses and
should be considered when proposing an overall hourly rate. While attending training, security officers must
be paid at the City's living wage rate. Time spent in training, although required, is not billable to the City of
Miami Beach. When required, security officers must successfully complete training prior to assuming duty
under this contract.
Written documentation of having successfully completed the training is to be included in the employee's
personnel file.
The Successful Contractor is required to ensure that all security officers providing traffic conkol and code
enforcement services are certified by Miami Dade College-Southeast lnstitute of Criminal Justice at the
North - Dade Campus. ln addition, security officers providing traffic control and code enforcement services
would be required to attend training provided by the City related to enforcing City of Miami Beach ordinance
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and codes.
Soecial Equipment
Tlre selected propose(s) may be required to provide licensed and insured motor vehicles, off street
motorized carts, Segway's and bicycles at an additional cost. Such posts or duty assignments shall be
requested as needed, and when appropriate, the selected proposer shall receive additional compensation.
The selected propose(s) may also be required by the City to provide Security Officers equipped with
specialized equipment, including, but not limited to, firearms, Guard Tour systems, Body Cameras, hand-
held metal detectors, x-ray screening of packages, walk-through metal detectors, K-9 detection services and
other specialized technologies. Such posts or duty assignments shall be requested as needed, and where
appropriate, the selected proposer shall receive additional compensation.
Contractor Fumished ltems
The ielected Propose(s) shall provide all working materials necessary for proper performance including,
but not limited to, items such as bound log books, with preprinted consecutive numbered and lined pages,
notebooks, pens, and pencils. The selected Proposer, at no charge to the City, shall supply these materials,
unless othenrrise specified by the City. All post orders, logbooks, incident reports and records are the sole
property of the City of Miami Beach. These records are subject to inspection by the City at any time. Upon
termination of any contract issued as a result of this solicitation and all renewals thereof, the selected
Propose(s) shall surrender all records or documents (e.g. log books, incident repofts, etc) to the City within
thirty (30) days of the contracts termination date.
Communication
The Successful Contractor will be responsible for the following:
a. HAND-HELD RADIOS
Two-way hand-held radios, licensed for use by the Federal Communications Commission (FCC),
will be provided by the Successful Contractor to all on-duty contract security officers and
supervisors as required unless othenrvise exempted by the City of Miami Beach Contract
Administrator.
b. CENTRAL DISPATCH
The Successful Contractor will maintain a centralized dispatching service through use of a local
(Miami Beach) base station manned by experienced personnel on a 24- hour per day basis, to
include a recorded back-up system. A mobile transmitter/receiver, operated by field personnel,
will not be considered sufficient to adequately provide such service. Regardless of the physical
location of the dispatch service offered, total in-building radio communication coverage within the
City limits of Miami Beach is required.
c. SYSTEM QUALITY
The Successful Contractor will at all times maintain high quality radio communications (transmitting
and receiving). The Successful Contractor will be totally responsible for providing and maintaining
required system quality, as follows:
1. The Successful Contractor will provide/lease a network of transceivers and repeaters of
sufficient strength and capacity to service all areas of Miami Beach.
2. The Successful Contractor must provideilease an exclusive radio frequency operated
exclusively by the Contractor. Radios will have printout identification and emergency
capabilitY.
3. The Successful Contractor must implement a program of maintenance and repair for all
RFP 20r 5-0r 3-YG Poge 31
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equipment used in the performance of this contract. Such a program will ensure the
optimum performance of all equipment at all times, thereby allowing the system to meet
the service requirements and quality standards specifled above.
4. The Successful Contractor will ensure that all radio equipment has sufficient operating
power at all times during a tour of duty. lt may be necessary for the Successful
Contractor to implement a system by which fresh batteries, adequate supply of flashlights
or charged radios, are delivered to the posts in order to meet this requirement.
d. EVALUATION OF RADIO COMMUNICATIONS SYSTEM
All aspects of the Successful Contractor's radio communications system will be evaluated by the
City of Miami Beach prior to award of Contract. Should the system be judged inadequate to
provide service within the contractual standards specified herein, and the Successful Contractor is
unable and/or unwilling to make changes deemed necessary by the City of Miami Beach, then the
Successful Contractor will be considered non-responsive to the required Terms and Conditions of
this Contract. Likewise, should there be a deterioration of performance during the term of this
contract, and the Successful Contractor is unable or unwilling to make the required improvements,
the City of Miami Beach may terminate, in accordance with the Termination for Default Clause of
this Contract. The City of Miami Beach will address, in writing to the Contractor, any/all identified
inadequacies of the required radio communications prior to any termination procedures.
Key Control
The Successful Contractor will establish and implement methods of ensuring that all keys issued to the
Successful Contractor by the City are not lost, or misplaced, and are not used by unauthorized person(s).
No keys issued the Successful Contractor by the City will be duplicated. The Successful Contractor will
develop procedures covering key control that will be included in his/her quality control plan, which will be
submitted to the City's Contract Administrator and Procurement Director. The Successful Contractor may
be required to replace, re-key, or reimburse the City for replacement of locks or re-keying as a result of
Successful Contractor losing keys.
ln the event a master key is lost or duplicated, all locks and keys for that system will be replaced by the City
and the total cost deducted from the monthly payment due the Successful Contractor.
The Successful Contractor will immediately report a lost key the Contract Administrator, but no later than the
next workday.
Uniforms
All security officers fumished to the City of Miami Beach will be well-groomed and neatly uniformed. Each
security officer supplied by the Successful Contractor will wear a nameplate bearing the guard's name.
Successful Contractor's name will appear either on guard's nameplate or as a patch on the security office/s
uniform. Uniforms will be readily distinguishable from the City of Miami Beach Police uniforms.
Uniforms must be provided at the contracto/s expense or may be charged to the employee (guard), but
must not be deducted from the employees' paycheck therefore reducing the hourly pay rate to less than the
living wage rate.
Photo ldentification
Work hereunder requires Successful Contractor's employees to have photo identification on their person at
all times. The City of Miami Beach reserves the right to verify a guard's identity and required credentials.
lf for any reason, any Successful Contractor employee is terminated, the Contract Administrator will be
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advised in writing.
Records
The Successful Contractor will submit all invoices to the City of Miami Beach containing an itemized
employee time record, to include the employee name and hours worked/shift, for the time period identified
on the invoice. lf applicable, the computerized printout from the guard tour system will accompany the
weekly invoices. These printouts will be the same date and time frame of the submitted invoices and
submitted in a hard copy or digital (preferred) format.
All correspondence, records, vouchers and books of account, insofar as work done under this Contract is
concemed, will be open to inspection by an authorized City of Miami Beach representative during the course
of the Contract and for a period of two (2) years after expiration of the Contract.
The Successful Contractor will maintain a personnel file for each employee employed under the Miami
Beach contract. At a minimum, this file will, include:
. Personal information of the employee, sex/race/D0B/ and social security number.
. Copies of Florida Driver license, Class "D" Security Guard license and Class "G" Firearms License
(if applicable).. bopies or notification of all disciplinary actions taken by the Contractor or City of Miami Beach to
include verbal or written wamings.. Training records.. Proof of successful Background Check and Drug Screening.
The City reserves the right to perform an audit of the Successful Contracto/s payroll and related records of
employees assigned to tne City of Miami Beach to ascertain that such employees' records correctly reflect
payment received for the specific hours worked for the City. Such audit will be at the discretion and option
of the City.
Successful Contractor will be required to provide any and all records in its possession which contain
information concerning hours worked and payment received based on the contractor's invoices to the City of
Miami Beach. All required documentation and personnel files will be readily available for inspection by any
authorized City of Miami Beach representative, during initial research and during the course of this Contract.
Failure to have the required documentation will be deemed as non-compliance to the Terms and Conditions
of the contract.
Liquidated Damaqes
The selected Propose(s) shall be liable for damages, indirect or direct, resulting from its failure to meet all
contractual requirements or standards. The City, in its sole discretion, will determine the damages arising
from such failure. The City assessment of all Liquidated Damages will be final. Repeated violations or
patterns of violations will result in a doubling or tripling of the amount of Liquidated Damages. Subsequent
violations will result in a Vendor Non-Performance. Any of these violations may result in selected Proposer's
personnel being removed from the post and/or Contract issued as a result of this solicitation at the request
of the City. A written notice of a violation and intent to impose liquidated damages shall be provided to the
selected Propose(s) in the form of an lnfraction Report. lnfraction Reports shall be issued to the selected
Propose(s) promptly by the City, in order to afford the selected Propose(s) time to notify the City of
extenuating circumsianies. The graduation of Liquidated Damages will occur with the involvement of the
same facility, selected Propose/s personnel and a pattern of the same incidents at multiple posts (i.e.
repeated violations of the same type). Any violations committed by selected Propose(s)'s personnel may
result in the suspension or removal from duty of said personnel at the discretion of the City. Violations that
may result in the assessment of Liquidated Damages include, but are not limited to, the following;
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ManagemenUAdministrative Violations ($1 00 per infraction):1, Not properly equipped for specific detail.
2. No radio or inoperative radio,
3. Failure to fix an inoperative guard tour system or system component.4. Leaving a post unattended or failure to fill post assignment within one hour of a scheduled
assignment or event.5. Lack of contract supervision.
6. Excessive hours on duty (more than a 10 hour shift if not approved in advance by the Contract
Administrator).
7 . Utilization of a security officer previously suspended from duty by the Contract Administrator.
8. Failure to follow all Vendor Rules and Regulations.
Security Officer Violations ($100 per infraction).
1. Unprofessional appearance or behavior.2. lnappropriate behavior (reading, lounging, talking and tefing on cell phone, etc.)
3. Failing to promptly prepare written reports.
4. Notcompleting required rounds.
5. Failing to follow post orders.
6. Failure to adhere to City of Miami Beach policies and procedures.
Security Officer Significant Violations ($250.00):
1. Late for duty.
2. Sleeping on duty.
3. Abandoning post.
4. Failure to report an incident
5. Any action that would cause the City harm, physically, financially, or reputational.
Once a violation is identified and written notification of intent to fine ("Contract Discrepancy Report") is
issued to the Successful Contractor. The Successful Contractor will have seven (7) days to provide a
written response to the Contract
Repeated violations will be taken as proof of a general incapacity on the part of the Successful Contractor to
perform in accordance with contract requirements.
Should it not be possible to reach the contractor or superuisor and/or should remedial action not be taken
within 48 hours of any failure to perform according to specifications, the City reserves the right to declare
Contractor in default of the contract or make appropriate reductions in the contract payment.
Conservation Of Utilities
The Successful Contractor will be directly responsible for instructing employees in utilities conservation
practices. The Successful Contractor will be responsible for operating under conditions, which preclude the
waste of any/all utilities.
Licenses And Permits
Successful Contractor will abide by all ordinances and laws pertaining to his operation and will secure, at his
expense, all licenses and permits necessary for these operations.
Performance Evaluation Meetinqs
The Successful Contractor will assign a Contract Manager to meet with the City of Miami Beach Contract
Administrator regulady and as required. A mutual effort will be made to resolve all problems identified. The
RFP 20r 5-0r 3-YG Poge 34
622
written minutes of these meetings will be signed by the Successful Contractor's Contract Administrator and
the City's Contract Administratoi, and a copy will be forwarded to the Procurement Director. Should the
Successful Contractor not concur with the minutes, he will state in writing to the Procurement Director any
areas wherein he does not concur.
Service Excellence Standards
ffithestandardoftheCityofMiamiBeach'AscontractemployeesoftheCity,
security officens will be required to conduct themselves in a professional, courteous and ethical manner at all
times and adhere to the City's Service Excellence standards.
Post Order, Rules and Reoulation Manual
SuccessfulContractor,forthedurationofthecontract,thePost
Order and Rules and Regulation Manual. Changes to Post Orders, if needed, will be provided by the
Contract Administrator through written addendum to these orders. All Security Personnelshall have access
to these post Orders and ariy updates at all times while on duty. This may be accomplished by storing the
post Orders on site or, in the instance in which no secure storage is available, delivering them to the site at
the beginning of each tour of dutY.
Should the City elect to utilize the services of the Security Officers for code enforcement, the City will
provide guidante, direction and specific training related to the enforcing of City of Miami Beach City
ordinances and codes.
Additionally, the City of Miami Beach reserves the right to have any security officer removed from Miami
Beach posts for violations of the Post Orders.
Court Apoearances
Tfle selected propose(s) personnel may be required to testify in various judicial proceedings on behalf of
the City. These personnel'shall coordinjte all Contraclrelated court appearances with the City when such
appearances are required. Any selected Propose(s) personnel required to make a court appearance shall
be'remunerated by ihe setected Propose(s) at the same hourly rate as would be earned while on duty
under any Contrait issued as a result of this solicitation and all extensions or renewals thereof, and the
selected irropose(s) shall in turn be remunerated by the City at the stipulated billing rate. The selected
propose(s) shall invoice for the actual hours the employee spent at court, of whether or not his/her
testimony was used and/or provided. (Court delays are common, and multiple appearances by the testifying
employel may be required). A copy of the original subpoena shall be submitted with the corresponding
invoice. Contract-related Court testimony on behalf of the City shall take priority over all other scheduled
duties, and the selected propose(s) shail coordinate with the City to ensure that this is done with no impact
to daily operations. Selected propose(s) personnel scheduled to testify on behalf of the City due to their
Contract ielated duties shall appear for court testimony in full uniform however, without chemical weapons,
batons, handcuffs or firearms.
RFP 20r 5-013-YG Poge 35
623
tstlmated W Service Hours by Security Officer Levels
POST EE\I.EL ESTIMATED WEEKLY
SERVICE HOURS
Open Spaces (Parks, Boardwalks, etc.)1 Officer Lercl V (Supervisor)112 Hours
Parking Facilities 2 Officers Lercl V (Supervisor)224 Hours
7tr-r Street Garage 1 Offcer Lercl I or ll 168 Hours
17th Street Garage 1 Offcer Lercl I or ll '168 Hours
16tr Street Garage 1 Offcer Lerel I or ll 168 Hours
South Beach Walk (14-21 St.)1 Offcer Level I or ll 105 Hours
Alaska Bay Walk (1-4 St.)1 Officer Lercl I or ll 42 Hours
N. Beach Recreation Conidor (64-79 St.)2 Oficer Lerel I or ll 176 Hours
City Hall Campus
1 Offcer Leuel lll
3 Offcers Lerel lV
1 SuperUlor f-er,ef V
168 Hours
120 Hours
40 Hours
3 Offcers Lercl lV '120 Hours
1 Offcer Lercl V (Suoervisor)40 Hours
Normandy Shores Gatehouse 1 Offcer Ler,el 1 or ll 168 Hours
Bass Museum 5 Offcers Lercl lor ll 150 Hours
Sanitation Detail 1 Offcer Lerel I or ll 9 Hours
Citywide 1 Officer Lerel Vl/Project Manager 40 Hours
RFP 20r5-0r 3-YG Poge 36
624
APPENDIX D
g N$&&ntryffi&ffN
Speciol Conditions
2015-0.l3-YG
SECURITY OFFICER SERVICES
PROCUREMENT DEPARTMENT
1700 Convention Center Drive
Miomi Beoch, Florido 33139
RFP 20r 5-0r 3-YG Poge 37
625
1.TERM OF CONTRACT. The contract shall commence upon the date of notice of award
and shall be effective for two (2) years.
OPTION TO RENEW. The City, through its City Manager, will have the option to extend
for three (3) additional one-year periods subject to the availability of funds for succeeding
fiscal years.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the
bidder. This prerogative will be exercised only when such continuation is clearly in the
best interest of the City,
PRICES SHALL BE FIXED AND FIRM: All prices quoted in the awardee's bid submittal
shall remain firm and fixed, unless amended in writing by the City.
COST ESCALATION" The hourly rates proposed by successful vendo(s) shall remain
fixed for the term of the contract, however the City may consider requests for markup
adjustment in the event of unforeseen governmental mandates (e,9,, taxes, healthcare
mandates, Living Wage, etc.) imposed upon the contractor, Requests for adjustment to
hourly rates shall be submitted to the City's Procurement Department for review. lf the
requested adjustment is approved, the Procurement Department will formalize the
adjustment by formal contract modification.
It shall be further understood that the City reserves the right to reject any adjustment
submitted by the vendor, and/or terminate the contract with the vendor based upon such
price adjustments.
ADDITIONAL EQUlPMENT/ SERVICES. EquipmenU 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. Additional equipment and or
services may include, but not be limited to licensed and insured motor vehicles, off street
motorized carts, Seqwav's, bicycles, ouard tour svstems, bodv cameras, hand-held metal
detectors, x-rav screeninq of packaoes, walk-throuqh metal detectors, K-9 detection
services etc.
FAILURE TO PERFORM. The City reserves the right to take any action necessary to
ensure that the security forces are fully staffed in order to protect the City of Miami Beach
property, personnel, and assets. This may include contractual arrangements with others
contractors for the purpose of obtaining alternative resources in the event that the
successful contractor can not perform
lf such arrangements are deemed necessary, then the successful contractor may, at the
sole discretion of the City of Miami Beach, be terminated, and any cost incurred by the City
of Miami Beach may be withheld from funds owed to the Successful Contractor.
SUB-CONTRACTING. Contractors/Proposers may subcontract to qualified security
guards/firms, with the prior written approval by the City, when requested to provide
additional guards for special/major events or on an "as needed" basis,
3.
7.
RFP 20r 5-0r 3-YG Poge 38
626
10.
Should the Successful Contractor provide security guards employed by a sub-contractor,
the Successful Contractor will be required to provide a Labor and Materials (Payment
Bond), in the amount of $100,000. The successful contractor will also provide an
Employee Dishonesty Bond in the amount of $25,000. Additionally, the City reserves the
right to deduct payment(s) in an amount specified in the bid/contract documents for either
non-qualified security guard, and/or for unsatisfactory performance in accordance with the
specified Terms and Conditions of the RFP.
SERVICE LOCATIONS AND ASSIGNMENT HOURS. lt will be the sole discretion of the
City of Miami Beach as to locations, number of guards and hours of services needed. The
City of Miami Beach reseryes the right to change possible locations and the required hours
of service during the term of the Contract,
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.
PERFORMANCE BOND.
The vendor to whom a contingent award is made shall duly execute and deliver to the City
a Performance and Payment Bond in an amount that represents 100% of the vendor's
offer price. The Performance and Payment Bond Form supplied by the City shall be the
only acceptable form for these bonds. No other form will be accepted, The completed
form shall be delivered to the City within 15 calendar days after formal notice of award. lf
the vendor fails to deliver the payment and performance bond within this specified time,
including granted extensions, the City shall declare the vendor in default of the contractual
terms and conditions, and the vendor shall surrender its offer guaranty/bid bond, and the
City shall not accept any offer from that vendor for a twelve (12) month period following
such default.
The following specifications shall apply to any bond provided:
All bonds shall be written through surety insurers authorized to do business in the State of
Florida as surety, with the following qualifications as to management and financial strength
according to the latest edition of Best's lnsurance Guide, published by A.M, Best
Company, Oldwick, New Jersey:
Bond Amount Best Rating
500,001 to 1,500,000 B V
1,500,001 to 2,500,000 A Vl
2,500,001 to 5,000,000 A Vll
5,000,001 to 10,000,000 A Vlll
Over 10,000,000 A lX
RFP 20r 5-0r 3-YG Poge 39
627
On contract amounts of $500,000 or less, the bond provisions of Section 287,0935, Florida
Statutes (2007) shall be in effect and surety companies not otherwise qualifying with this
paragraph may optionally qualify by:
1. The surety company is licensed to do business in the State of Florida;
2. The surety company holds a certificate of authority authorizing it to write surety
bonds in this state;
Providing evidence that the surety has twice the minimum surplus and capital required by
the Florida lnsurance Code at the time the solicitation is issued;
Certifying that the surety is otherwise in compliance with the Florida lnsurance Code; and
Providing a copy of the currently valid Certificate of Authority issued by the United States
Department of the Treasury under SS. 31 USC 9304-9308.
Surety insurers shall be listed in the latest Circular 570 of the U.S. Department of the
Treasury entitled "surety Companies Acceptable on Federal Bonds", published annually.
The bond amount shall not exceed the underwriting limitations as shown in this circular.
For contracts in excess of 500,000 the provisions of Section B will be adhered to plus the
company must have been listed for at least three consecutive years, or holding a valid
Certificate of Authority of at least 1.5 million dollars and on the Treasury List.
Surety Bonds guaranteed through U.S. Government Small Business Administration or
Contractors Training and Development lnc. will also be acceptable.
ln lieu of a bond, an irrevocable letter of credit or a cash bond in the form of a certified
cashier's check made out to the City of Miami Beach will be acceptable. All interest will
accrue to the City of Miami Beach during the life of this contract and/or as long as the
funds are being held by the City,
The attorney-in-fact or other officer who signs a contract bond for a surety company must
file with such bond a certified copy of power of attorney authorizing the officer to do so.
The contract bond must be counter signed by the surety's resident Florida agent.
RFP 20r 5-0r 3-YG Poge 40
628
APPEN DIX E
g ffi$AMIMffiACN
Cost Proposol Form
2015-0 l3-YG
SECU RITY OFFICER SERVICES
PROCUREMENT DIVISION
1700 Convention Center Drive
Miomi Beoch. Florido 33139
RFP 20r 5-0r 3-YG Poge 41
629
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, incluslve 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 corrections
shall be initialed.
DESCRIPTION ESTIMATED
QUANTITIES
PROPOSED
HOURLY RATE
(B)
TOTAL COST PER
LEVEL
(c)
1 Securitv Officer Level I 30,000
$f
$$
2 Security Officer Level ll 30,000 $$
3 Security Officer Level lll 8,700 $$
4 Security Officer Level lV 12,500 $$
5 Security Officer Level V 21,500 $$
6 Security Officer Level Vl 2,000 $$
7 Vehicle - Monthly 2 $$
8 Vehicle - Daily 15 $$
I Bicycle - Monthly 8 $$
10 Bicycle - Daily 30 $$
11 Golf Caft - Monthly 4
lil
$$
12 Golf Cart Daily 15 $$
$
Securitv Officer Level I 1,000 $$
Security Officer Level ll 1,000 $$
Security Officer Level lll 250 $$
Security Officer Level lV 500 E+i,:1. ;,$ffi:,1,$
Security Ofiicer Level V 800 $
W1tl.,
i!.1=$
Security Officer Level Vl 100 r;T"i$.\$$
Vehicle - Daily 2 $$
Bicycle - Daily 4 $$
Golf Cart Daily 2
'ii;.r.'7rt:.
$$
$
RFP 20r 5-0r 3-YG Poge 42
630
APPENDIX E
PROPOSAL TENDER FORM
(coNTINUED)
. The Total Cost shall be utilized to allocate Cost Points in the Evaluation of Proposals.
Company:
Authorized Representative:
Authorized Representative's Signature:
RFP 2015-013-YG Poge 43
631
APPENDIX F
w$&&e}ffiffi&ffih$
I nsuro nce Requirements
2015-0 l3-YG
SECURITY OFFICER SERVICES
PROCUREMENT DIVISION,l700 Convention Center Drive
Miomi Beoch, Florido 33,l39
RFP 20r 5-0r 3-YG Poge 44
632
tn M*S,ffi$Wffi&ffih{
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES
The provider shallfurnish to the Human Resources Department, Risk Management Division, Gity of Miami
Beach, 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida 33139, Certificate(s)of lnsurance
which indicate that insurance coverage has been obtained which meets the requirements as outlined below:
A. Worker,s Compensation and Employer's Liability lnsurance for all employees of the provider as required
by Florida Statute 440.
B. Commercial General Liability on a comprehensive basis in an amount not less than $1,000,000 combined
single limit per occurrence, for bodily injury and property damage. City of Miami 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 $1,010,000 combined single limit per occurrence for bodily injury and
property damage.
D. professional Liability Insurance in an amount not less than $1,000,000 with the deductible per claim, if any,
not to exceed 10% of the limit of liability.
The insurance coverage required above must include a waiver of subrogation in favor of the City' The
insurance coverage reiulreU 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 "B+" as to management, and no less than "Class Vll" as to financial
strengih, Uy tne 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
3rd FLOOR
MIAMI BEACH, FL 33139
Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under
ihis section or under any other section of this agreement'
RFP 2015-013-YG Poge 45
633
RESOLUTION TO BE SUBMITTED
634
THIS PAGE INTENTIONALLY LEFT BLANK
635
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, To Accept
The Finance And Citywide Projects Committee's April 8,2015, Recommendation To Approve The
Purchase Of Flood lnsurance, All-Risk Property lnsurance (lncluding Windstorm), And Boiler &
Machinery lnsurance For City Buildings And Contents (lncluding New Construction); And Fine Arts
lnsurance (Bass Museum And Art ln Public Places), As Proposed By Arthur J. Gallagher Risk
Man Services, lnc., The City's Broker of Record
Ensure Expenditure Trends Are Sustainable Over the Long Term
Item Summary/Recommendation :
Property lnsurance is necessary to protect the financial interest of the City. To qualify for FEMA
assistance, the City is required to purchase a reasonable insurance program to protect its assets.
The City's Broker of Record, Arthur J. Gallagher Risk Management Services, lnc., is in the process
of marketing the City's portfolio of property in the marketplace and obtaining various options to
renew the program with favorable terms and conditions, within the budgeted amount.
Based on the response that the City has received from the State of Florida, and in recognition of
the recommendation made by the Finance Committee on April 8, 2015, the Administration
recommends that the Mayor and Commission authorize an increase in the Named Windstorm
insurance limit of $5 million to obtain a total of $20 million in Named Windstorm coverage at an
estimated additional premium of $368,000, which is included in the FY2014115 budget. lt is also
recommended that the Mayor and Commissioners approve the purchase of Flood lnsurance, All
Risk Property lnsurance (including windstorm), Boiler & Machinery lnsurance, and Fine-Arts
lnsurance (Bass Museum and Art in Public Places), through the City's Broker of Record, Arthur J.
Gallagher Risk Management Services, lnc., with a"not to exceed" amount of $2,798,000.
Financial Information :
Source of
Funds:
Amount Account
1 $2,435,000 540-17 92-000378 Risk Management Fund
2 $53,000 540-1792-000390 Risk Management Fund
{/ t (A.y 3 $310,000 480-0463-000343 Parking Depar{nvnt
f- q' \-/Total $2,798,000
Financial lmpact Summary:
n-Offs:
Department Director Ass ista nt C ity^lVlanager city M9 qgAr
SCr_.*-:f_KGB 4i JLM I V
T:\AGENDA\2014\May\RFQ 2014-056 MF lnsurance Broker of Record-Summary.doc
AcENDA nrEil{ RJ Fg MIAMIBTACH oa,rc s- 6- | (636
MIAMIBEACH
City of l iqmi Beoch, l70O Convention Center Drive, Miomi Beoch, FL 33 139, www.miomibeochfl.gov
CO SION MEMORANDUM
Honorable Mayor Philip Levine and
Jimmy L. Morales, City Manager
May 6, 2015
A RESOLUTION OF THE MAYOh AND CITY COMMISSION OF THE CITY
OF MIAM! BEACH, FLORIDA, Td ACCEPT THE FINANCE AND CITYWIDE
PROJECTS COMMITTEE'S APRIL 8, 2015, RECOMMENDATION TO
APPROVE THE PURCHASE OF FLOOD INSURANCE, ALL.RISK
PROPERTY INSURANCE, INCLUDING WINDSTORM, BOILER &
MACHINERY INSURANCE FOR CITY BUILDINGS AND CONTENTS
(INCLUDING NEW CONSTRUCTION); AND FINE ARTS INSURANCE
(BASS MUSEUM), AS PROPOSED BY ARTHUR J. GALLAGHER RISK
MANAGEMENT SERVICES, INC., THE GITY'S BROKER OF RECORD
BAGKGROUND
This item was presented at the April 8, 2015, Finance and City Wide Projects Committee
(FCWPC) meeting, and was passed to the full Commission with a recommendation for approval.
Over the last two years, the City has been updating its property insurance program to better
reflect its risk, as well as to comply with the State of Florida suggestion for preserving the City's
eligibility for Federal Emergency Management Agency (FEMA) relief under the Stafford Act, in
the event of a Named Windstorm. Updating the program has included adding properties
previously self-insured, and increasing Named Windstorm insurance limits where reasonable,
and within the City's budgetary constraints.
ln order to be eligible receive FEMA funding, the City is required to present its property
insurance program to the State of Florida, Office of lnsurance Regulation (via the Florida
Division of Emergency Management) every year and obtain a"reasonableness" letter. The City
received this letter for the June 1 , 2013, policy year. At the same time and under separate
cover, the State advised the City to consider purchasing additional windstorm limits for next
policy year (June 1,2014), although the State did not recommend a specific amount.
As to the actual amount of insurance coverage the City should carry, the prudent
recommendation is that the City continue with its risk management strategy which consists of
preserving its ability to obtain relief from the FEMA, under the Stafford Act, and possibly from
the State of Florida, in the event of a Federally-declared disaster, and purchasing Named
Windstorm insurance coverage. This recommendation translates into determining how much
money the City needs to be able to access immediately, in addition to the working capital in
place, to respond and recover from a tropical storm or hurricane. The Risk Management
Division will work with the Emergency Management Department to determine appropriate levels
of funds needed for immediate reconstruction of facilities critical to continuity of operations, in
addition to working capital needed to respond and recover from a tropical storm or hurricane.
TO:
FROM:
DATE:
SUBJECT:
Commission
We ore commiffd b provtding excelbnt public *wice ord ll:rbt,7 n oll wln live, work ord pby in our vibronl, tropicol, historic communify637
City Commission Memorandum
May 6, 2015
Authorization to Purchase lnsurance
Page 2 of 5
Based on the State's recommendation to increase the City's Named Windstorm coverage, the
Administration recommended at the June 20, 2014, FCWPC meeting to increase coverage to
g25 million, in increments of $5 million a yeat over the next 2-3 years, assuming the limits
continue to be available and reasonable. (See Attachment 1 - FCWPC Memo - June 20,2014)
The FCWPC recommended the first increase of $5 million, which increased the windstorm limit
to $15 million for the June 2014 - May 2015 policy year. At the August 13,2014, budget
briefing, the FCWPC recommended holding off on additional increases pending the state
department's response to the increase to $15 million coverage in2014 and to instead allocate
the additional premium monies sought to the Risk Management Fund - Contingency. (See
Attachment 2 - FCWPC Memo - August 13,2014)
The City received its "reasonableness" letter for the June 2014 policy year. Once again, under
separate cover, the State advised the City to consider purchasing additional windstorm limits for
the policy year, again without recommending a specific amount. (Attachments 3 & 4) Therefore,
the Administration and the City's Risk Management Broker of Record are recommending the
purchase of an additional $5 million of Named Windstorm coverage (for a total of $20,000,000
windstorm limit) for the June 2015 - 2016 policy year, which results in the payment of additional
premium estimated at $368,000.
Renewal Recommendations for the June 1. 2015 - Mav 31. 2016 policv vear:
Below is a recap of each insurance policy and changes made during the current policy year
(June 2014-15) that will affect this year's estimated renewal premiums. (Also see Exhibit 1 -
Chart of Property lnsurance Program Comparison (from policy year June 2013 to June 2015-
16).
All-Risk Property lnsurance (including Boiler & Machinery):
. Proposed $5 million Named Windstorm coverage increase (taking the limit to $20
million), at an estimated additional premium of $368,000
o At the June 2014 renewal, the City added it's parking garages to the property program
using estimated values. Coverage for these garages was accepted by the City's primary
insurer; however, this was subject to the City providing the square footage and
appraised values of each garage as soon as it was known. The garages have been
appraised, the square footage is known and so are the insurable values. This
information, which resulted in an additional $50,022,123 in insured values has been
reported to our insurers
o The City acquired several residential properties valued at$13,748,844.
o The City added $2,800,000 in values for Fire Station #2 Administration Building that was
inadvertently omitted after it was renovated.
The City's current Total lnsured Value is $936,855,291. This is a 9.8o/o increase over the June
2014-15 policy year. These changes are expected to generate a total cost (premium and
surcharges) not to exceed $2,370,000 (approximately $488,000 of this amount is to be allocated
to the Parking Department for the garages). The All-Risk property renewal includes an option to
purchase terrorism coverage which is very limited and has elected not to purchase this
coverage.
638
City Commission Memorandum
May 6, 2015
Authorization to Purchase lnsurance
Page 3 of 5
ln addition to the All-Risk Property coverage, the City purchases Boiler & Machinery coverage
for property built to operate under a vacuum or pressure, or used for generators, transmission or
utilization of energy (water pumps, fuC units). The City purchases this insurance due to the fact
that many of its properties house this type of machinery/equipment. Damage sustained by
machinery/equipment for breakdown is not currently reimbursable under any type of State or
Federal program. This policy provides $100 million in coverage with a $10 thousand combined
deductible.
Flood lnsurance:
Flood insurance is otfered through the National Flood lnsurance Program (NFIP). To qualify for
aid from FEMA for loss due to flood, the Stafford Act requires that the City purchase flood
insurance from NFIP for eligible properties. The policy limits are $500,000 for buildings and
$500,000 for contents, with a $25,000 deductible.
Fine Arts:
The Fine Arts policy has historically provided property coverage for arts throughout the City, the
Bass Museum, and Art in Public Places. This policy provides coverage for all perils (All Risk,
Windstorm) for insured values. Underwriters at Lloyd's continue to offer a very favorable
program at a flat rate renewal, approximately $50,000. Additionally, the City has earned 'no-
claims" bonuses over the past several years.
EXHIBIT 1
Property lnsurance (including Flood, Boiler & Machinery, and Fine Arts)
Policy Year
6ll.l2ottto
6ltl2o1.4
Policy Year
6ltl2oL4to
6lUzots
lnterim
6lLl2Ot4to
6lt.lzots
Projected
6ltl20tito
6ltl2ot6
Comments
Total lnsured
Value (TlV)5685,247,222 s853,146,331
Additional
$66,57O,967 s936,855,291
lncrease in values
due to recent
property appraisal
valuation, and newly
acquired properties
Windstorm
Limit s 10,000,000 s 15,000,000 s15,000,000
unchanged s 2o,o00,ooo
State recommended
the City to purchase
additional windstorm
coverage
AllOther
Perils Limit
(AoP)
s200,000,000 s350,000,000 s350,000,000
unchanged
s350,000,000
unchanged
No expected change
to the AOP limit
Property
lnsurance
(including
Boiler &
Machinery)
Premium
L,472,609 1,919,389 slo,ooo s2,o02,ooo
lncrease in premium
due to recent
property appraisal
valuation, and newly
acquired properties
639
Property lnsurance (including Flood, Boiler & Machinery, and Fine Arts)
Additional
Sstvrvt
Windstorm
Premium
N/A s 332,483
(included above)
N/A s 368,000
Premium for 55
Million Windstorm
limit increase
Flood
Policies -
Premium
S Tq,tqz s 360,000 N/A s 378,000
Anticipated 5%o rate
increase from the
NFIP, and additional
policies for newly
acquired properties
Fine Arts
Policy
Premium
s 44,005 42,374 N/A 50,000
Anticipate no change
in values, and flat
rate renewal
Total
Premium s1,837,3s1 s2,327,763 slo,ooo s2,798,000
Premium includes
Property, Boiler &
Machinery, NFIP
Flood & Fine Arts.
Policy Year
sltl20Ltto
6ltlzot4
Policy Year
6ltl10t4to
6lLlzOLs
lnterim
6ltl2otato
6ltlz0ts
Projected
6ltl2ol5to
6ltl20t6
Comments
Risk
Management
Budget
FYaOI.4lts
s2,735,000*
*The Parking Dept.
has S310,000
budgeted for
FY2074/t5; a budget
transfer will be
requested to cover
the s488,000
projected garage
premium
City Commission Memorandum
May 6, 20'15
Authorization to Purchase lnsurance
Page 4 of 5
Note: The above cost projections are not confirmed by any insurers, and are for discussion
purposes only. Our broker is in the process of marketing our insurance, and will have more
concrete figures as we approach the June 1,2015, renewal date.
RECOMMENDATION
Based on the response the City has received from the State of Florida, and in recognition of the
recommendation made by the Finance Committee on April 8, 2015, the Administration
recommends that the Mayor and Commission authorize an increase in the Named Windstorm
insurance limit of $5 million to obtain a total of $20 million in Named Windstorm coverage at an
640
City Commission Memorandum
May 6, 2015
Authorization to Purchase lnsurance
Page 5 of 5
estimated additional premium of $368,000, which is included in the FY2O14|15 budget. lt is also
recommended that the Mayor and Commissioners approve the purchase of Flood lnsurance, All
Risk Property lnsurance (including windstorm), Boiler & Machinery lnsurance, and Fine-Arts
lnsurance (Bass Museum and Art in Public Places), through the City's Broker of Record, Arthur
J. Gallagher Risk Management Services, lnc., with a "not to exceed' amount of $2,798,000.
T:\AGENDA\2O 1 5\Moy\HUMAN RESOURCES\Memo - Properiy lns Renewol 201 5.docx
Attachments
.rr-rr,y#ersc-r
641
ATTACHMENT I
tltE tl lAluml E*sthn I 700 Convanffon Csnlcr 0rlve, Mlornl Dssch, Fl, B$ 1 Sg, wwv,ruiautbeuchf,.gov
COMMITTEE MTMORAhIDUM
IO:
FHOM:
DAIE:
$UBJEfir
Ea*frr.fEHnd
Tlt* Oity'n propsrty Bchedule ($AAf m[[on) r6pr6ssnt s !00% coagtrl axpssur€ wlth no tnlsnd
sBrsad of risk, The fest that th6 City uf Miami Beach shs on a banler lsl*nd and ir concentretmd
within a $ovsn squarg mlt$ ur$H rfiuaftb the Glty will be eigniflcantly impautad ff n hunisuns hito
in thie area. Thle croat*g 6 challsflge fur the Clty in purchssins wtrndotorm eoysriag$, ghd for
ln*urers whfi nsud tr manage their aggregat$s in wihelstilrm*prone ar6u$,
Tha Slty ol MiamiBesch purcha$$6 Namsd Wnd*torrn ft0v6rflgs to help recovor from s troplc*lsirnt or hurrlcane related damagsa. The arnount has hoen partlally based on thn eoit of
covsrsge (whieh fluctuatos in ftard end uoft m*rtffits) and budggtary llmitatione. tn tho paot ton
y6are, the arnount of Narned Windutonn covorags purchaoed has ranged frum $10'to SZS
milllon, in oxcsst of apptlcable deductislee. Since ?000, the limit h*s rer,nntned at $10 rnilllpn,
approxirnately 1.17% of the toisl ineursble valse (rlV]. Thie c&rnpures tn 41% of the TtV for qli
uther porllo ffiffP).
{damsd Uyind$tor,rrt lirn,fs Asrcfra*rd tsmjf0flS ffi eqf ;
2004 to ?G05 - $25 mitliqn
t006 to 2007 - $.l0 miltion
?00S to 1000 " $tCI milltun
200S t* ?fi14 " S10 milllon
tn the 4008/09 pollcy year, tha City to*k edvnntoge uf a soft lnsumnce rnarket and incrensad ths
Named Wndrtorm limit from $10 to .$fl0 millfon. Howeval prlor to the Junp 100$ renewal, thepropgrty innurancs msrkst hardensd *e a roeult of hduEtry-lulde undonpritlng looreo ln ft00E,
dnd the weak invsstrnsfit *llrnnto. Ae a r$ult, tha Bstlmated premium to niaintaln tha sarne
Ievel sf soveru$g, wlth s tllght lncraaea in the dsductible, wfiB $1,84$,304. lt w.gu thgn decidgd
t0 lowsrthe Nqrned Windstorm limit lo $10 milllon and Inweass the doductlble ln arderto r$rBW
csvurfigc within the allocated budgotary resourcs*, Thm renewaf prernium for this lower level of
covorsge wgs $1,460,346.
CIn.the 1B*.of {ay, ?QQO, the *ity Sommiueion passed Reeolutisn 200047077 (Amachrn*nt 1)
authorieing the Adrninlatrutfon to r&now the lnouranre prdgrom for up to four addiflonal ona.yeai
lsrm6, provldad pnomlumu dld not exceed budgeted funds. $r*h equ*ntly, fhe Clty-hae
muintqinud the $10 million palioy Hmft.
642
FCWPC Mrmorrndum
Proposad Acllun Flan for Natfldd Wnd$t$ilr ln$tlrgfiGs Llmlt$
Paga 0 of &
Juno 20. f01,[
Analv*ls
ln the 6v6nt a nfimed troplcal storrrr or hunlcane oauqss sevsrs damage to the Clty'e prop*rty,
w6 wlll ft66d iln lmm6diet6 lntuslon of funds [n order to roccver and bogln tha rsbrnildlng pr0fi6$s
as qr.rlrkly us p06*iblo, The FoderEl Emergency Management Agenoy (FEMA), and po*nlbly the
$tste of Florida, typically provide* dluustsr ausirtanile to the Sity, However, to cornply wfttr
FEMA's eligibility requirsmant$ undur tha $taffurd Act, the Glty i* required to purchaee NamEd
Wndstorm covsrsge thEt l* reasonah/y availshle.
ln the pa# ton y$$lFs, ths Slty hsa recgived approxlmetply $7.5 rnilllon ln diEs*ter reliaf frsrn
FfiMA, An sstimatad $3.7S mlllion of thl* ropreuentu r6s0vsry for damuga to phyuical loc*tlons,
and thorefore is the amount that the Si$ lo uomrntttsd to insure under the Staffsrd Act, Thls is
lmportant tu keop [n mind whun cpnsidering * ltmit of insuranca for wlndsturm,
Another requirement to rso*lvs FEMA fundlng Ir to prerent your proporty in*ur*noo prsgram
*very year Xo the State of Flarldu, Offim of lneurance Regulation, to obtuln fi "r@6so,Ta&leness'
lettor. The Ulty r,ecelvod thls lettar for the 2013/1{ paliutr year (Attachment ?}, At the rsme timo
and under sepfinate cov6r, the $tdts 6dvi$ed the Cfty to purchaee additionalwindctsrm llmit* for
the 201411S polioy year {Att*cfrrnsht 3), Whlle the Ststs did not rEcsmmend a apeeifio smount,
F{umen RosourceB tlsk Managemnnt Btaff, fllon$ wlth ths ,ei$s ErsRer of Rscord, iu
recommsndln$ ihcrue*ing tho novsrqss level tn S$ mi{llsn incrarnenta at each ronuwal psriod,
a* long *s tho llmits ars ovsilable end rngrkst conditions ere reasonsble,
Co&ranson lo rovemrflonlql et:tiliqp,p"l0i4dsdSy,flJe Sjtyiq.pr{r"orty/ns#rpnfig$qa$ff/}0nl:
South.Florida $outfi_Flsrida
SpsqtnlGquntv lQl G,ee$tal,8shoulffi)$11,1?4,09s,312 $e,07t,1s3,3$s
$1$6,0CI0,000 (1.10%) $110,000,000 (1.s1%)
TIV
Wtnd*torm Llmit
TIV
Windet*rm Limit
TIV
Windetorun Llmlt
Property TIV
AOP LImIt
lffindatorm Lirnit
Property TIV
AOF Llmlt
Windstorm Limft
For.rlhFlerldn
Sos*talOltylG}
$500,000,CIo0
s35,000,00CI {7%)
SS0 rnilllon (!0,1%)
$60 rnilllon (20.1%i
SorqlSEblgq
$2og.t01,glB
$209,201,81S (100%)
$2S mi{llnn (\?YB)
$fl,fi4$,22S,$gg
$80,000,000 (s,0%)
$20 millior (lB.6ulo)
$10 mlltion (1A.Su/o)
RiVjara Beagh
$7S,?Ss,0e1
$$0 mlllion (9s,3%)
$00 mlllion (8g.ao6)
$quth Etsri4s
SoantglSpqpty ff)
$4,SflS,S,,40,flS&
$97f,,000,000 (6%)
$28 mtltlan {10%)
SflS rnillion (10%)
South Florida
Sgsstql S*hool{Al
$31S,37S,SgS
$2,500,000 (o.g%)
So.utltr Ftorld*
$oastal$sfulol (D)
$7,$38,SSfi,S2A
$a50-0CI0,00u (3.15%)
ASd&hffalqpm,r-grppn lo ap,v"pl.{nfsoful qfilfh$, prquided fty fnE,Rlql( d4pnagffr,t}nr mv/{{sn:
[#a on* *annrilfur/ U prowJitg uef&nl tr&fc sarv,ca ondiCI&ry ,o df t#]o t 6. rao* ond play m rur vr'&narr{, rcprcol, Arrfr,rc oorurunry
643
FCWPC Memorandum
Proposed Action Plan for Named Wndstem lnsuranup Llmlts
Page 3 ot 3
June 20, [014
Nqlee
1) The percentages abave ftBprssent covsreue llmlt* compared to th6lotal ln*urable vfilue.3i Property TIV for Fort Lsuderdslo and FomBano Beuch does not includs utlllty proportles.
Rocsmmendatlon
It te thprof*ro rooommondad that based on thE $t*te's recommendution to Inrrease Gov6rag6,
snd tha lncroasing value of our propurths, should ths sforsmentloned erlterla bs rnet, and in
kaep,ing with the euthorieatiun granttsd by Resolution 2014 * 48612 fitfachment 4), udopted hy
tha Sity Commlsslon May 28, 2014, the City rhould budg*t 6ach ysar for $$ mlllion in additional
coverflgs until the $35 mlllion target is reached sr the etate det+rminas ihat the srfiount 0f
covorsse Io r*asonEhle. tar thE 2014/15 policy year, tha City hae rs(sivsd a non-blndable
annual premlum lndlcation of $335,000 (including $tet* of Florlda surchargos) to purchad6 an
addltlonsl$5 million oI Named Wndetorrn covsrase.
Attechrpents
JLM/K#/sc-r/sB
FIHUMAT'$a$SYLV}AU!'CWPCU.{amod Wilditom lfl crnes€s FINAL 2,doc
Wa om mrnnriffid u pru*/irg oou}frnt publh' sxriii:e a# !o&V b a/ Hrre /[8. r+or* orrJ phy m au r+bff n, hqp{ool, htstaic @{wr,wity.
644
lT)r
FRfiM:
DATE:
AAIAMIBEACH
tify ol illtaml E Hl, 1700 Conventlon Cenler Drlva, Mlonrl Beo*h, F[ 33,l39, vnvw,mlumlboachfl.gov
,,*,H:;|HI;T::;:W#--
Augnst 13,2014 { t
$UBJECT; Named Wndctomr Boveragr
Bn+ksteun#
The 6lty of Misml Eaach'e property ochgdule is valued at $853 rnillion und rmproserlts a j00%
ooa*tal axponur$ wlth n0 lnlund epread of :pi6fu. The fsot that the Olty of Mlami Eoaoh elt$ on 6
bsnlsr,irland and I0 conoantratad wlthitr f, s*v6n $quuro mlle arsa means that if a troploalstorm
sr hunt*ane hfts our frr64, ths trnpaot 6n th$ Cily will bs substantlal.
Tho Gity'a inauranpe broker analyzes the City'* property portfolto ln terms of wind exp6sur6
uoing two dlfferent probahle msxlmum loeu (PML) modets (RMg, a tradsmurf oi Rlek
Manugument $o[ution* and Applied lnsuranoe Reeearch, lnc, [AlR]). Thesa
Gomputer modek ineuranoa compantas uso to meaouro their aggregated
gaographiaal aree.s,
ATTACHMENT 2
CSMMITTEE MEMGRANDUM
ths Earne
in certaln
Are
riek
Th+ City uf Miami Beaoh's property portlulio lo permlvud to generate ri$k as summadzod ln ttre
tabtq betow, Ths model, davelopod prlorto the 2014 ranswsls, l* hased on the prior year'e total
in*ured vcluw (T[V) of $68$ milllon hefore t]Te udditfon of the purklng garageu to the Citfs
Inrured property schedule.
lnaurancs companlor and rattng agoncles uee the 250-year etorm (0.4olo prohahlltty of occurrlng
inany givon yea$ ac q hfinchmark for percelved risk to a property lnsurance portfollo. Eaead un
that benchmark, tho induetry 66tlrnetd* the Clty's FML (the amount of cataetrophio rlelt tho,elty
add* tc the narripds portfollo) botwoen $21? ntlllion qhd $27$ mtttlon, Howdver, it ls naI
rounonabk to expect a Ci$ to lnsure for n 260 yeur ctorffi event; typ'lcally, jurisdidtiofia rely on
FEMA (Federal Emergency Mantgement Agency) forthut type cf event.
The eW pr.rrchased $16 mlllion of ooverage and inuurance cofnpanies antlcipate that ae the
regult,of a rnedlum to large wlndstomn event, the Cily will suilein damag* woll in sxcss$ ef thfn
We om wradrud u pna,{i/rrg ecufunl puHr *a\4cs ord wkty w al v'tn l*e, vvark ad fu ia wr vtbwnl, hvpiwl, filrbrlc:oerilriunlly,
0"10%1,000 $ 6S7,046;026 $ 306,1?4;?7*$ 4{3,468.502 s 41S,801"36$
0.2u%500 $ 292,95U,658 $ esg,e78,6s4 s s6J.s89,fi00 $ 3X7,4$s;S?3,
,'fi.{I[g[, :.' '659;.,8 ,;gilltu8tgi{8ll Etr{;gglt.t6s,S,r;: :I*Eplffii{l&,$.
r.00%100 $ 1:3$.507,S13 $ 90,5S1.276 170;800,634 $ 145.263,428
?"00%60 $ 6A.644,437 $ 3f,.7,31.840 $ 101,808,0$3 $ 77.552,1{4
6.OCI%30 $ e2,,91?,s0u $ 6.r80,s70 s 30,6s0,077 $ s.sl[.gss
Avpraua Anfiutl Loot $ fi,2oorB*6 s 3,fl?g,zoo S 6,&4},0ufl $ 4,BtU,f,rU
645
FCWPC Msmorundum
Namsd Wndslom covorogs
Pfg6 2 df 5
August 13, 2014
*mount nnd prloo Govsrfige 6c6ordingly, The Clty nsed$ to datsrrnfng how rnuch ouuh lt wlll
nsed to hava aoog** to itttm*diatoly after s €torm snd the insuranos companleu naod to decide
how mu$h csvsruss thoy oan afrord to setl and 6t what prico to entitiffi looated ln windgrune
studs which wlll, $66nor ar laler, r$sult in payrnants to tho fnsured party. Theno ara among the
ohullengou feeed by the *ity'fn purohuslng Named Windstorm coverags, end tho in*urrre,-whs
nft6d to msn*g* their *ggpgate $xpoeure in wind*prone f,reds. Of th6 ?6 tnsurere that our
hroksr approathed in tr014, only *ve submitted respon*ive quotes.
Tho Clty ha* a rlok managemsnt etrategy tu holp rccovor 1i0m troploal etonr or huniornw
rcl6i6d demagas, whleh consletu of prauervlng lts ahility t0 obtdin r-allof fiorrr ths FEMA, under
the Stafford Act, and pouoihly from the $tato af Florida, In the event of a Federally.declared
disa$ter, and pur*hating Nanned ltVlndatorm lnsurance covsrage,
Obtalnlns rellef from the Federsl or $tuts,govemrnont csuld be a multi-year procs.es, whleh ma
require slgnifloant otJort* on lha psrt 0f ths Clty to obtain fundg, Addltlonally, LlndCIr tho $tafforil
Aci, the Oity lu roqufi:ed to purohese lnsursnoe on itu huildlnge and oontentg for tha afnouht and
perlt{s) for whieh It hae alroady reoulvod funde from FfiMA, Tharefore, the 6i[ muut purcham,
at a minimurn, N*med Wndstorm dsvorage to fultill ite FEMA *bligation, as wall 8s to huvs a
r*ady f,nd $6cure souro€ of funds, In tho event of fi tropttal $torm or hurricorne. Over th6 p6st
ten-plut y&*rs, tha Gtty rouutved appruximately $?.f, rnltliqn in dhanter rollef ?rom FEtvlA, Rn
oEtlmatsd $S.76 tttillton of thie rcpreoents rosovsry for darnage to physlual lucatlons, and
thsrefore lu the amount that th* Clty is csmmltted t$ iilsurs under tho SidfFord Aot.
Tho cott d,eoverago ffiluh fluotuate$ ln hard und soft merkato) has bs6n a faetor in the
smount of coverege the Slty hus fosun purchautng, ln thts pest t0 yearc, tho amount of Narmod
Wndsturm G6wrsfi6 purehuued hae ranged frorn $10 mlfliofi to $2S mllllon, in exeeat rf
appllcublu dEduutibtes. Untit 2014, the tlmtt hcd remained at S10 mlllion (approxlrnately 1;4$Yo
based sn s6Es Tru ht ths tim*), Thi$ comBare8 to 41ur6 of th6 Tlv for all other perlls (ACIP). In
?014, the 01ty dsu{ded,to Inorsaee th}e limtt, frorn $lCI mit}lon ts $'tS mllllon but at the sartru-fima
udded tho parklng garaswu to the lnuured propedy schedula ($15 million in covura0s [E
approxlrnatsly l,T60./o 0f ths TIV), us part of an effofi to obtain inursnrentally hlgher llmlts oyer
tlrne,
ffffr. ffi# #Bi$detaffi futlls nurchesed,?'g{n l00flfq*fi4.f$mountf,lug.rnll|iprnq):
fzr
$&
$u
$rn
{P
$0
rfi[x IJd6 ,&7 t008 rsoe zotu t01t 101* *mr ,ffi{,
646
FCWP6 Memorandum
Narritd Vllindstom Cuv6rsg6
Pogo A ol s
Augurt 13,3014
&l$,rfi od l&{ndlsforyfl Foroenfa^se De ducfifi /q
1{,0r(
?,5ri
s,0r*
}"st{
u.0r*
luos u006 1{o7 ?008 1000 2010 Iffr 1011 z{Ls [oti[
[n the il00$/09 pollcy year, the Clty took advantcge of E roft insurance mcrket end lncraassd the
Nerned Windctorm llmlt from S10 tu s!0 nritllon. Flowevsr, prior to the JunE *00S renowsl, ths
property lnsurance morltst:hardened as a result of induetry*glde undonmltlng loeees ln 200S,
and the !#sek lnvsstmerrt cllmate, As a result, tha eutlmatod prumlum to rnaintain the esrna
lovol of coverage, wlth a *ll0rht lnorenss In thu dbductlhle, was $1,843,304. The Numsd
Wndetonn lirnlt was lowered to $10 mtlllon und the deductlbla lncrosecd to renew c0vor6g#
wtthin thu *llocated budgetury rssCIuros$. The renewel premium forthis lower lovpl of coverale
wsu $1,460,34S.
,{t the May 13, 2009 rnestlng, tho Oity Commluslon pu*eed Re*olutlon 2009.27077 authorlutrXg
the Adnrlnietratlon tB r6n6.w the lnsuranes progrsrr for up to tour addlttonal on6-yoar turnre,
provided prsfflums dld not oxce*d budgetecl funds. $ubuequwntly, the Clty malntglned tha S10
mlfllon pulloy limit untll2014,
At tha Junu 11, 2014 C*mmiuelon meetlng, oubJeot to reMsw and authorlzatlon hy the Flnsnor
and Citywidu ProJsc'tu *cmmittee, the Commlsslon euthortsed the purchase of En addltionel S$
nrllllon of hlarned liMndetorm 6ovsrsg6 through Re*olutlon No. 2014-2S626.
4ntfselr
ln tha evsnt e nsrned troplcal storrn or hunicrne sf,u$$s sevsrs darnago to the Olty's property,
ths Ctty vvlli need an immediate infueion of irunde to r&eovsr and begln ths rebuildin$ prott*ro ds
quiekty as po$Bibls" FHMA, and possilrly ffis State of Florlda, typl*alty prnvidus di$ester
o$slsts,ncp te the Sity; However, to comply with FEMAIs eligiblllty requirements under thE
$taffo,rd Act, the City ia requlred to purchaoe Numsd ffindstorm 00v6rsga that le ruesonsr/y
rvailahle.
ln addltlon to th* $$,7S millhn ln coverage mlnlrnum, to recelve FHMA tundhg the Clty te
ru,qr:{rad to preuenl ite property insurancs program svory yoar to the Stats of Flofidai ffico of
lnrursnm Regulatlon (vld th6 Ft Division $f Hmergency Mansgemant), t# obtaln aoreasonaslens.sd lettnr- Th6 Giiy recelved thh letterforthe 20{g/14 pollcy year (Attaahrnsnt {},
At tha ssnl6 tlme and undsr separate cover, the $tate advised tho Clty'to purch*ee addttinnul
wind$torrn lirnlts for ths 2014/t$ pollcy year (Attaohmant 2), altfrough th6 StEt€ dld ilot
rg*cmmund a specific Amount,
647
FGWFG Mgmorsfidom,
Namcd Wndstonn Coverugo
Psoo 4 0f 6
August 1S, 20'14
f,thpr Spastpl Fntifii*$llnqu[Baep.lnfqmflrieu
,tt tho CItt'o rsquCIst, its broker of rocord provldad lnforrrratlon on tho TlVend wlndstomn limlts in
olh6r csfis{st sntltfg$ in Flarlda.
Cpmp.aiisof. lg s6t{s.fiUroflrg/ pf,{l*i.a;p. ufoildod bp {1ff. Sity,s {r. gpqrty {q+#{ercdJonpuJfan&
TIV
WNdgtDrrTI LIHIT
Trv
Wndotonn Limit
TIV
Wndstorn.Llrnlt
Prope& TIV
AOP Llmlt
Wnd.storm llrnit
Froperty l:lV
AOP Limit
Wndston'r Llnllt
INq,Is&
South,Flarids
cnaotel$qhpqJ (Al
$s16,$79,096
$2,600,000 (o.Bolo)
South Ftoridq
C$ilshlSohQd ffit
$7,s$3,$0o,s2s
$r6u,u0o,uoo {3,15%)
qOUttlF]orldfi
con$rqlfffty 161
$60CI,000,000
$85.000 900 (79r)
floulh FJorida
$eqptatfio$nw {Bl
$19"224,099,9'12
&1SS,000,000 (1.10y0)
$EIJthFISrlda
Cog$tpJ Spuntv" (E)
$2,049,228,338
$80,000,000 (s.Bold)
Egmsass"Hsgsh
$67,S0S,324
$t0 rnlllton (29.870)
S{0 mltl{on (f4.B7o)
$30 mitllon (39,370)
$90 mtllion (39.670)
$'! 1 0;000,000 (1.S1 7o)
Sot&"flo,rjrda
QoAEtatQsgng {Fi
$4i6&5,04b,698
$178,000,000 (6%)
The govelage decislons mndo by thoss entitlua do not autornatlually turn Inlo a rsmrnrxsrldEton
that the SiU of Miarnl Sauoh aot $irnilarly elnce differonces botwean afititior Hdd to be tnksn
ints *sfiount lf the Sity was to insure al levels elmllar to cod$tfll Glty'*G'\ thla would rseult ln an
fnsur,snue lavol of $48 mllllun.
ln additlon tp the lnfonantfon provided by our insuranoe broker, the 0itf;c &isk Munagsrn$nt
Dlutulon alur reuesrched lnaurance levols in neighborlng cttles.
$60 mlllion (20,1b/ol
$60 rnlllion (20.1%J
CoralGablee
$ffiEIsTo
$tos,fl0t,s16 (1009*)
SZU rnllllon (12%)
HiAIB*i
$250,0u0,000
$25 mlllion (10Yo)
$2s million (10Y0)
1) Ilta percuntagesa0ove repra*enf eovorft$ro /imlfo oompared ta thq tatat fnsamrbld vatua,
8J Frope&/ IIV'forHOrt Laudsrdala dnd Pampxno Eeacfr dops notlncluda utll7{ypropartles,
648
FCWPC Memorandum
Namsd Wndatorn Covnr*gs
Fegc $pfS
Augual 10,2014
hpn#,.rtmsndettgn
Baued on th* $tata-s reuummendEtion to increaso the City'e Namsd Wlndstorm sowrag6, thp
Adrninistratlon recommended Increasing funding covorags to $2$ mllllon, lneruasing the amnurrt
by $U rnllllon per yoil over three ysarfi, aesurnlng ths llmito contlnue to b* availsbla snd
rs€$'on*blo, The $tS mlllion ln cov&rsge ls wlthln the runge of ths prohublu maxlmum lors for a
gg*yu6r Etom (S2B milllon " $81 miltion).
As to the actual amount of insurunce B6v6rf,S6 the filty sFrorrld cdrry, the prudunt
recommendatlon fs that the Clty contlnue wtth lts rlsk rflonagomsnt strategy whloh conelgts of
pteuervlng its ablllty to obtain relief frortr the FEMA, und6r: the Stafford Act, snd posrlbly fr.om
the Stete pf Fiorida, tn the event of a Foderally"deetared disustqr, and purcha*lng Nemed
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FIvi*ion will work \,!dth ths Ernergency Management Department to deterriline apprnptlate lavols
rf filndu nseded fm irnmedlate reconstructton of facilltlsr crltleal to contlnuiity of operation*, in
sddltion to worlrlng capltal naedod to rtupond End recover from a troplcal etorm or hunl*nne.
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ATTACHMENT 3
Bridges, Sonia
From:
Sent:
To:
Subject:
Holton, Leonard ILeonard.Holton@floir.com]
Monday, November 24,2014 3:00 PM
Bridges, Sonia
reasoableness of coverage determination,
Ms. Bridges,
The Office of lnsurance Regulation has finished the review of the reasonableness of the insurance coverage for the Clty
of Miami Beach. The coverage appear to be reasonable based on the current market conditions. lt is recommended that
the city continue to look lnto higher Named Windstorm limits for the coming pollcy year.
A letter will be sent to the Department of Emergency Management regarding the review. DEM should be in touch wlth
you in the near future.
Leonard Holton
Assistant General Counsel, Legal Services Office
Florida Office of lnsurance Regulation
653
STATE OF FLORIDADIVISION OF EMERGENGY MANAGEMENT
ATTACHMENT 4
RICK SCOTT
Governor
BL/bh
Attachments:
BRYAT.I W. KOON
Dlreotor
January 14,2015
Ms. Sonia Bridges, Risk Manager
City of Miami Beach
1700 Convention Center Drive
Miaml Beach, Florida 33139
Re: City of Miami Beach (2014-2015)
lnsurance Reasonableness Determination Requested
Dear Ms. Bridges:
Please find attached the determination of the State lnsurance Commissioner
regarding the "reasonableness" of the insurance coverage procured by the City of Miami
Beach. Based upon the information reviewed by the Office of lnsurance Regulation, the
State lnsurance Commissioner has determined that the City of Miami Beach has been
successful in procuring insurance that appears to be "reasonable."
Please understand that this determination applies only for the levels of coverage,
terms and coverage periods that were presented for review; should material terms of the
insurance package change, the applicant will need to resubmit for a new reasonableness
determination.
lf you have any questions or require additional information, please contact Bridgette
Hallum, Public Assistance Coordinator, via emall at Bridqette.Hallum@em.mvflorida.com or
by telephone at (850) 413-9809.
Sincerely,
State Public Assistance Officer
Determination of the State lnsurance Commissioner
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DIVISION HEADQUARTERS .
2555 Shumard Oak Blvd
Tallahassee, FL 32399-2100
Te l:8 50.413-9 909'Fax:8 50-4 88 - 1 016
www. Flo rld a D lsa s te r, or o
. STATE LoGIsTIcS RESPoNSE CENTER
2702 Dlrectors Row
Orlando, FL 32809-5631
654
OrrtcB or IusunaNcs REcULATToN
I(E\[N M. MCCARTY
Cor0"flssloNER
December 11,2014
Bryan Lowe
State Public Assistance Officer
Division of Emergency Management
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
Dear Mr. Lowe:
'Ilris letter is in response to Steven Flyatt's request dated September I 7,2074, in which it was
requested that the Oflice of InsurEurce Regulation (Ot'fice) certify the "reasonableness" of the
insurattce coverage for the City of Miami Beach, tlorida. Based on the information provided, it
appears thal the City of Miami Beach has been successfirl in procuring insurance that appears to
be "reasonable." The City of Miami Beach may have already received an email correspondence
with recomntendations for the coming policy year. Due to changes in the marketplace, additional
comments regarding their program may be provided.
lhe OtIice understands that the reason the program has been submitted is to meet the
requirements of the Federal Stafford Act, which appears to require the approval of a regulatory
authoritv. Although some of the products at issue may not be subiect to Chapter 627 of the
Florida Insurance Code, the program that has been selpcted appears to be "teasonable" ancl
competitive given the state of the Florida insurance market in 2014.
If the olfice can be of further assistance, please do not hesitate to contact us.
KBVINM, McCARTY . CoMMISSIONER
200EAsrcArNBsSrRrEr. TAEAHASSEB,FLoPTDA 32399-0305 . (g50)413-S914. FAx(850)488-3334
WBBSITE: WWW.FLOIR,COM . BMAIL: KEVIN.MCCARTy@FLOIR.COM
Affirmative Action / Equal Opportunity Employer
FTNANcIAL SIiRvIcEs
CoMMISSIoN
RICKSCOTT
GOVERNOR
JETTATWATf,R
CHIBF FINANCIAL OFFICER
PAM BONDI
AI'IORNEY GBNERAL
ADAM PUTNAM
COMMISSIONEROF
ACRICULTURE
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655
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, TO ACCEPT THE FINANCE AND CITYWIDE PROJECTS
COMMITTEE'S APRIL 8, 2015, RECOMMENDATION TO APPROVE THE
PURCHASE OF FLOOD INSURANCE, ALL.RISK PROPERTY INSURANCE
(tNcLUDING WTNDSTORM), AND BOILER & MACHINERY INSURANCE FOR CITY
BUILDINGS AND CONTENTS (INCLUDING NEW CONSTRUCTION); AND FINE
ARTS INSURANCE (BASS MUSEUM AND ART IN PUBLIC PLACES), AS
PROPOSED BY ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.,
THE CITY'S BROKER OF RECORD
WHEREAS, as proposed by Arthur J. Gallagher Risk Management Services, lnc., the
City's Broker of Record, the Administration has recommended the purchase of Flood lnsurance
with the National Flood lnsurance Program; All-Risk Property lnsurance (including Windstorm)
with Lexington lnsurance Company, Boiler & Machinery lnsurance with Zurich-American, and
Fine Arts lnsurance with Lloyds of London; and
WHEREAS, the Administration has recommended the additional increase in Named
Windstorm insurance limit of $5 million to obtain a total of $20 million in Named Windstorm
coverage; and
WHEREAS, funding is available from the Risk Management budgets 540-1792-000378
($2,735,000), 540-1792-000390 ($53,000) and Park Department budget 480-0463-000343; and
WHEREAS, the City Commission authorizes the Administration to purchase the
forestated insurances, as proposed by Arthur J. Gallagher Risk Management Services, lnc., if
within budgeted funds; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, that the Mayor and City
Commission hereby approve the purchase of Flood lnsurance, All-Risk Property lnsurance
(including Windstorm), and Boiler & Machinery lnsurance for all City-owned buildings and
contents (including new construction), and Fine Arts lnsurance (Bass Museum and Art in Public
Places), as proposed by Arthur J. Gallagher Risk Management Services, lnc, the City's Broker
of Record
PASSED AND ADOPTED this day of 2015.
ATTEST:
Rafael Granado, City Clerk Philip Levine, Mayor
, APPROVED AS TO
T:\AGENDA\2014\May\May 28 ltems\Risk Management\Reso - Property lnsurance Purchase fome4$eANGUAGE
*29-t5
656
THIS PAGE INTENTIONALLY LEFT BLANK
657
IIEIVI SUIVIIVIAKY
Condensed Title:
A Resolution Of The Mayor And City The City Of Miami Beach, Florida, Approving And Authorizing The City
Manager To Execute Change Order No. 2 To The Construction Contract Between The City Of Miami Beach, Florida, And Lanzo
Construction Co., Florida, For The Construction Of The City Of Miami Beach Right-Of-Way lnfrastructure lmprovement Program,
Venetian lslands Bid Package 13c (Project), Dated March 13,2013 (The Contract); The Change Order Includes: '1) Construction
Work Associated With A Redesigned Stormwater Conveyance System That Will Meet The New Stormwater Criteria ln The Not-
To-Exceed Amount Of $4,090,094 Plus Time Extension Of 422 Calendar Days Required To Complete This Work Within San
Marino, Dilido And Rivo Alto lslands ; And 2) lncreasing The Owner's Contingency ln The Amount Of $409,009; The Resulting
Amount Of '103 wiil To The Construction Contract; With ted F
Data (Surveys, Environmental Scan, etc.): The 2014 Customer Satisfaction Survey indicated that over 77o/o of
residents rated recently completed capital improvement proiects as "excellent" or "qood".
lssue:
On March 13'",2013, the Commission approved Resolution No.2013-28163, recommending the award of a construction contract
to Lanzo Construction Co. Florida, (Lanzo). On February 12,2014, the City Commission approved Resolution 2014-2849'1,
recommending Change Order No. 1 to the construction contract with Lanzo Construction Co. Florida, for the purchase and
installation of automatic meter readers
As recommended by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise and the Flooding Mitigation Committee, on
February 12,2014 the City Commission approved to amend the City's Storm Water Management Master Plan by modifying the
design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all tidal boundary conditions. The Public
Works Department (PWD) requested that staff implement the enhanced stormwater system criteria including increasing from 6-
inch to 7.S-inch, S-day, z4-hout rain event.
On March 5,2014, the City Commission adopted Resolution No.2014-28528 approving Amendment No. 3 for the re-design and
permitting phase services associated with the enhanced stormwater system criteria. SS&A completed their design, and submitted
it to Miami-Dade County Department of Regulatory and Economic Resources (RER), Environmental Resources Management for
approval. On July 22, 2014, RER issued approval for the revised design. On August 5, 2014, the revised design was submitted
to PWD and concurrently, change order negotiations were taking place with Lanzo Construction.
The City retained AECOM to assist in the implementation of a citywide comprehensive flood management plan and to review
stormwater improvement plans prepared by City's Consultants. On October 13, 2014 a follow up meeting took place in the City
Engineer's office and additional design modifications were identified and added to the scope. Based on the comments issued by
the City Engineer, SS&A had to revise stormwater drainage plans to meet the new criteria implemented by the City Engineer.
On November 19, 2014, the City Commission adopted Resolution No. 2014-28821 approving Amendment No. 4 to SS&A
Agreement to implement additional enhanced stormwater drainage design modifications to existing design and incorporate
AECOM's review comments issued on October 10,2014 plus other comments issued on October 13,2014 by the City Engineer.
On February 18, 2015, SS&A responded to additional comments issued by AECOM and finalized the enhanced stormwater
drainage design modifications and on February 23,2015, submitted the 100% documents to PWD for final review.
Once the design was completed, the Capital lmprovement Projects Office (ClP) contacted the twelve ('12) property owners that
reside adjacent to the six (6) easements where the stormwater pump stations were proposed to be located. The purpose of the
meeting was to discuss the stormwater pump station design and the process of constructing the improvements within the
easement. The meetings with residents took place from February to March 2015. The residents expressed great concern on the
visual impacts from the proposed structures and equipment components associated with the pump station installations.As a result,
on April 1,2015, a meeting was held with concerned residents, their legal counsel, and staff from ClP, PWD, the City Attorney's
Office and the City Manager's Office. lt was determined that the City would explore alternatives attempting to minimize the visual
impact of the stormwater pump stations and related components.
ln order to maintain the project on track, and to minimize impacts on the overall schedule, this change order will capture all
stormwater drainage conveyance components that can be installed Wthout affecting the exploration of possible alternatives
related to the installation of pump stations. The work related to the pump stations is not included in the scope of this change order.
The scope of work, for this change order, will include; stormwater drainage structures with all associated pipes and drainage
inlets, concrete valley gutter, roadway reconstruction, first and second lift of asphalt and driveway aprons.
Based on the supporting documentation presented by Lanzo, the project Engineer of Record (EOR) / Schwebke-Shiskin &
Associates, lnc. has found the proposal acceptable and is recommending approval of the change order and a project time
extension of 422 calendar days to complete the work associated with stormwater conveyance work (Attachment B).
The Administration recommends of the Resolution.
Source of
Funds: $D 429-2127-069357 Stormwater LOC Reso No. 2009-27076
Financial lmpact Summary: N/A
Financial Information:
AGENDA ITETIMIAMIBEACHsaa6 Si6-l f658
r9r5.20r5
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: A RESOLUTION OF THE MAYOH AND CITY COMMISSION OF THE
CIry OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING
THE CIry MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE
CONSTRUCTION CONTRACT BETWEEN THE CITY OF MIAMI
BEACH, FLORIDA, AND LANZO CONSTRUCTION GO., FLORIDA,
FOR THE CONSTRUCTION OF THE CITY OF MIAMI BEACH RIGHT.
OF.WAY INFRASTRUCTURE IMPROVEMENT PROGRAM,
VENETIAN TSLANDS BtD PACKAGE 13C (PROJECT), DATED
MARCH 13,2013 (THE GONTRACT); THE CHANGE ORDER
INGLUDES: 1) CONSTRUCTION WORK ASSOCIATED WITH A
REDESIGNED STORMWATER CONVEYANCE SYSTEM THAT WILL
MEET THE NEW STORMWATER CRITERIA IN THE NOT.TO.
EXCEED AMOUNT OF $4,090,094 PLUS TIME EXTENSION OF 422
CALENDAR DAYS REQUIRED TO COMPLETE THIS WORK WITHIN
SAN MARINO, DILIDO AND RIVO ALTO ISLANDS ; AND 2l
INCREASING THE OWNER'S CONTINGENCY IN THE AMOUNT OF
$409,009; THE RESULTING AMOUNT OF $4,499,103 WILL BE
ADDED TO THE CONSTRUCTION CONTRAGT; WITH PREVIOUSLY
APPROPRIATED FUNDING.
ADM! N ISTRATION RECOMM ENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME
Build and maintain priority infrastructure with full accountability.
FUNDING
$4,499,103 429-2127-069357 Stormwater LOC Reso No. 2009-27076
City
659
Change Order No.2toLanzo Construction Co., forVenetian lslands prolect - Memorandum
May 6, 201 5
Page 2 of 4
BACKGROUND
Pursuant to Invitation to Bid (lTB) No. 49-11112, for the Right-of-Way lnfrastructure
lmprovement Program -Venetian lslands Bid Package 13C, on March 13th,2013, the
Commission approved Resolution No. 2013-28163, recommending the award of a
construction contract to Lanzo Construction Co. Florida, (Lanzo) in the amount of
$9,699,509 base bid plus $640,028 for selected alternates (sanitary sewer lining and
road reconstruction) and a project contingency in the amount of $1,033,954;tor a total
construction cost of $1 1 ,373,491.
On February 12, 2014, the City Commission approved Resolution 2014-28491,
recommending Change Order No. 1 to the construction contract with Lanzo Construction
Co. Florida, for the purchase and installation of automatic meter readers in the amount
of $195,532, plus contingency in the amount of $19,553, for a total of $215,085.
As recommended by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise
and the Flooding Mitigation Committee, on February 12, 2014 the City Commission
approved to amend the City's Storm Water Management Master Plan by modifying the
design criteria for the tailwater elevation and adopted an elevation of 2.7 ft-NAVD for all
tidal boundary conditions. The Public Works Department (PWD) requested that staff
implement the enhanced stormwater system criteria including increasing from 6-inch to
7.S-inch, S-day, 24-hour rain event. The new criteria required the Engineer of Record,
Schwebke-Shiskin & Associates (SS&A) to revise the design included in the contract
documents for this project.
On March 5, 2014, the City Commission adopted Resolution No. 201 4-28528 approving
Amendment No. 3 for the re-design and permitting phase services associated with the
enhanced stormwater system criteria.
SS&A completed their design, and submitted it to Miami-Dade County Department of
Regulatory and Economic Resources (RER), Environmental Resources Management for
approval. On July 22,2014, RER issued approval for the revised design. On August 5,
2014, the revised design was submitted to PWD and concurrently, change order
negotiations were taking place with Lanzo. Occurring on a parallel path with the change
order negotiation, the City's Public Works Department (PWD) was in the process of
completing their final review of the revised stormwater improvement plan when, the
Mayor's Blue Ribbon Panel on Sea Level Rise directed PWD to provide the revised
stormwater improvement design to AECOM for their review.
The City retained AECOM to assist in the implementation of a citywide comprehensive
flood management plan and to review stormwater improvement plans prepared by City's
Consultants. On October 10, 2014, AECOM reviewed and issued comments. On
October 13, 2014 a follow up meeting took place in the City Engineer's office and
additional design modifications were identified and added to the scope. Based on the
comments issued by the City Engineer, SS&A had to revise stormwater drainage plans
to meet the new criteria implemented by the City Engineer.
On November 19, 2014, the City Commission adopted Resolution No. 201 4-28821
approving Amendment No. 4 to SS&A Agreement to implement additional enhanced
stormwater drainage design modifications to existing design and incorporate AECOM's
FIT-Dr|ve\AGENDA\2015\May\ClP\Lanzo C.O\ITB 49-11-12 - Venetian lslands ROW - Memo - C.O. 2 - FINAL STEPHANTE .docx
660
Change Order No. 2 to Lanzo Construction Co., for Venetian lslands prolect - Memorandum
May 6, 201 5
Page 3 of 4
review comments issued on Octobet 10,2014 plus other comments issued on October
13,2014 by the City Engineer.
On February 18, 2015, SS&A responded to additional comments issued by AECOM and
finalized the enhanced stormwater drainage design modifications and on February 23,
2015, submitted the 100% documents to PWD for final review.
Once the design was completed, the Capital lmprovement Projects Office (ClP)
contacted the twelve (12) property owners that reside adjacent to the six (6) easements
where the stormwater pump stations were proposed to be located. The purpose of the
meeting was to discuss the stormwater pump station design and the process of
constructing the improvements within the easement. The meetings with residents took
place from February to March 2015. The residents expressed great concern on the
visual impacts from the proposed structures and equipment components associated with
the pump station installations.
As a result, on April 1, 2015, a meeting was held with concerned residents, their legal
counsel, and staff from ClP, PWD, the City Attorney's Office and the City Manager's
Office. lt was determined that the City would explore alternatives attempting to minimize
the visual impact of the stormwater pump stations and related components.
On April 15,2015, the City Commission adopted Resolution No.2015-28993 approving
Amendment No. 5 to SS&A Agreement for additional Construction Administration and
RPR services due to the increased construction schedule plus design modification
services required to minimize the impact of the proposed structures and components.
The design modifications will include conceptual design, meetings with City staff,
electrical and structural revisions and permit submittals.
ANALYSIS
ln order to maintain the project on track, and to minimize impacts on the overall
schedule, this change order will capture all stormwater drainage conveyance
components that can be installed without affecting the exploration of possible
alternatives related to the installation of pump stations. The work related to the pump
stations is not included in the scope of this change order. The scope of work, for this
change order, will include; stormwater drainage structures with all associated pipes and
drainage inlets, concrete valley gutter, roadway reconstruction, first and second lift of
asphalt and driveway aprons.
Lanzo has presented a change order proposal, (Attachment A) that address the
following:o Additional scope relating to stormwater drainage conveyance improvements
designed to comply with the City's new stormwater.. Exercising the provision of Article 38.1.1 of their contract with the City of Miami
Beach that allows for the adjustment of unit prices from the original contract
wherever the unit quantities are adjusted in excess of 20o/o of the original
amount.o Effects of recently imposed weight restrictions on the Venetian Causeway
bridges.
F:\T-Dr|ve\AGENDA\2015\May\ClP\Lanzo C.O\ITB 49-11-12 - Venetian lslands ROW - Memo - C.O. 2 - FINAL STEpHANIE .docx
661
Change Order No. 2 to Lanzo Construction Co., for Venetian lslands project - Memorandum
May 6,2015
Page 4 of 4
. lmplementing an alternative trench restoration detail, utilizing woven filter fabric
and the use of Geosynthetic (GEOGRID) under lime rock to reduce the quantity
of removal of unsuitable fill.
The resulting costs are as follows:. Stormwater improvements $ 2,834,683. Bridge Weight Restriction Cost lmpact $ 1,200,461. Unit quantity greater lhan 20o/o $ S+.SSOSub-Total $ 4,090,094
. Contingency at 10% $ 409.009
Grand Total $ 4,499,103
Based on the supporting documentation presented by Lanzo, the project Engineer of
Record (EOR) / Schwebke-Shiskin & Associates, lnc. has found the proposal acceptable
and is recommending approval of the change order and a project time extension of 422
calendar days to complete the work associated with stormwater conveyance work
(Attachment B).
A subsequent change order to Lanzo will be presented to the Mayor and City
Commission once all the available options for proposed enhanced pump station design
have been explored and a consensus is achieved with the residents.
CONCLUS!ON
The Administration recommends approval of the Resolution.
ATTACHMENTS:
Attachment A - Lanzo Construction change order proposal
Attachment B - SS&A - Letter of recommendation
JLM\MT\DM
FIT_Drive\AGENDA\2015\May\ClP\Lanzo C.O\ITB 49-11-12 - Venetian lslands ROW - Memo - C.O. 2 - FINAL STEPHANTE .docx
662
ATTACHEMENT "A''
trt|LANZOl-U ! colsrnucnor coMPAr{Y
l,sri,4,,/tgstffi htuu,nn3duttu,sIttuMbffiil&s
April27,2015
Luis Leon, P.E.
Schwebke-Shiskin & Associates, Inc.
3240 Corporate Way
Miramar, Florida 33025
Re: Venetian Islands Bid Package 13C - ITB No. 49-1lll2 - Price for Drainage System
Redesign & Backup information
Dear Mr. Leon,
As requested, please find below the pricing breakdown for the Stormwater System Redesign,
provided to us on the plans dated February 2015, and which, as directed by your office, exclude
pump stations, grate boxes, water quality unit (WQ's) structures, piping between WQ's and
Pump Stations, 2-N Water Services & wet taps, Dissipater Boxes, Tide Flex Valves, Turf
Blocks, Restoration of Outfall R-/'W's, Core Drilling of existing sea walls, Manatee Grates, Plug
Existing Outfalls, ALL RCP Outfall Pipe, ALL 20" and24" DIP Pressure Pipe, and Associated
Bridge Loading Costs for these items.
' Stormwater Redesign improvements $ 2,834,683.00
' Bridge Weight Restriction Cost Impact $ 1,200,461.00
' Unit quantity greater than2}%o $ 54,950.00
Total Increase $ 4,090,094.00
Please, refer to the attached table for reference.
407 Lincoln Road Miami Beach FL 33139 Phone (954) 979-0802 Fax (786) 416-0368
www.lanzo.net
663
Page 2 of 2
A1l the prices here presented relate to the information currently available. Also, based on the
information presented, it is expected for the project duration not to exceed 12 months from the
date of Notice to Proceed, for construction of the re-designed collection system. As such, the
total project duration shall be 422 pays from last day of the original contract date
(21212015). Based on this duration, the Final Completion date of the project should be March 31,
2016.
If you have any questions, comments or concerns, please do not hesitate to contact us.
Sincerely,
Pablo C. Riafio
Project Manager
CC: MarkTomczyk, P.E., City of Miami Eeach CIP (via e-mail)
Roberto Rodriguez, City of Miami Beach CIP (via e-mail)
James C. Tello, Schwebke-Shiskin & Associates, lnc (via e-mail)
407 Lincoln Road Miami Beach FL 33139 Phone (954) 979-0802
www.lanzo.net
Fax (786) 416-0368
664
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Sofi*,tfr,-Sfii,fri, *- t_Jtt
Civil Engineers - Land Plannors . Surveyors
3240 Corporate Way " Miramar, Florida 33025
Phone: (954) 4A5-7010. Fax: (984) 4g8-92s8
April28,2015
Mr. David Martinez, P,8., Director of CIP
City of Miami Beach
Capital Irnprovernent Projects Office
1701 Meridian Avenue, Suite 300
Miami Beach, Ftorida 33139
Re: Venetian rsland Neighborkood 13 BID Package ,'c', - Drainage R.erlesign proposal
Analysis (Drainage Collection System Only)
Dear David,
As requested, lve have completed onr review of the Change Order proposal provided by Lanzo
Construction Company for a portion of the drainage improvements designed to comply with the City's
recetlt sea level rise criteria. The portion of the drainage improvements in Lanzo's proposal includes all
drainage construction upstream ofthe designed water quality units for each respective istand, Note that
the proposal includes firll roacl reconstruction of all roadways as mentionecl in more detail in this letter.
Based on the most recent information provided to us in a proposal by Lanzo Constnrctioo Company clatecl
April27,2015 and in srnlmary of our review of the project costs:
Total Stornwater Redesign Improvements (Exctuding Pump Stations & outfalls) = $2,834,683.00
ATTACHMENT'8"
o'{srcciatuo, 0ro.
Princlpals
116rnando J. Navas, P.E.
Mark S. Johnson, P.S,M.
Of Council
Alfonso C. Tello, P.E., P.S.M.
Luls F, L6on, P.E,
Alborto A, Mora, P.E.
John C. T€llo, P.E.
Michael D, Gonzaloz, P,E,
Ronald A. Fritz, P.S.M.
Jose G. [{ornandez, P.9.M,
Mlchasl J. Alley, P.S.M,
Emlllo E. Llufrlo, P.S.M.
Bridge Weight Restriction Cost Impact =
Unit quantify increases/decreases greater than20Yo =
$ 1,200,46 1 ,00
$54,9s0.00
Qljg[19!-lcontract Amount. including change orders = _ $11.588.s75.13
Totai Project Cost=$ I 5,679,669,1 3
The change order proposal submitted by Lanzo Construction Company hTclLrderi a combination of Unit
Price and Lump Surn values for change order work.- Pursuant to Article 3 B.l.l of the colltract between the City of Miami Beach and l,anzo
Consil'trction Cornpany 0TB 49-1 l/12) we found that unit pdces from the original contract were
used wherever the unit qtrautities did not exceetl 20% of the origir:al amount. However due to
recently imposed weight restrictions on the Venetian Causeway,Lanzo Construction Cornpany
provided suppoftirrg docurnentation nsecl to detennine the adclitional cost of construction to
comply with the regulated bridge rveight rostriotions. Based on the documentation provided, the
weight reshictions on th€ Venetian Causeway require that the nunrber of trips needed to irnport
and expott materials to and fi'om the project be increased to transport the mentioned materials in
lighter loads. We find that the documentation provided clearly defines the impacts of the
bridge loading restrictions, holvever, please note that the change orcler proposal and supporting
669
Mr, David Martinea P,Fl.
April 28, 2015
Page2 ofT
documentation provided by Lanzo Construction Company was not independently verified by this
firm and that our fitm does not have infonnation available ou the pricing struohue and
comparison of Lanzo's truck capacities used iu the original contract. As such, for our review of
the supporting documentation, we could only assumo that the truck capacities used to bid the
project i,vere based on full tluck loads as shown in the supporting documentation.- Pursuant to Article 38.7 of the contract befws'en the City of Miarni Beach and Lanzo Construction
Company (ITB 49- 1 1112), wherc unit quantities increased or decreased more than 20% of the
conkacted quantities, we found that Lanzo Conshuctiorr Company adjusted unit prices based on
negotiated values. It is our opinion, to the best ofour knowledge, that the negotiated values of
these items are within an acceptable value..
- Pursuant to Article 38.1.2 of the confiact between the City of Miami Beach and Lanzo
Construction Conipany (ITB 49-11112), a change order for individual items proposed for
construction that were not included in the original bid documerts was provided. The proposal
provided by Lanzo Construction Company included a redesigned drainage collection system,
fumishing and installing FPL conduits and pullboxes for anticipated electrical systems, and
firrnishing and installing a geosynthetic grid below the proposed loadway limerock base. Based
on our review of the change order proposal for these items it is our understanding that a
component for overhead and profit is included and to the best of our lorowledge it is our opirrion
that tlre rmit prices for these items are within an acceptable value for the work proposed.
Our review consisted of au independent cost analysis while also taking into consideration the unique
circumstances regarding the bridge loading restrictions of the Venetian Causeway. Using these factors
rve detennined that the cost proposed by Lanzo Constructiou Company an acceptable value for the
proposed work.
It is oul understanding that the project duration is alticipated not to exceed 12 months from the date of
Notice to Proceed fot' construetion of the re-designed collection system. As such, it is our understanding
that the total project duration shall be 422 days from last day ofthe original contract date (21212015).
Based on this dr.rration, we find that the Final Cornpletion date of the project shall be March 31,2016.
As always, if you have any questions please contact me,
Respectfully submitted,
3"8*r[fi"-Slu,kn & o$u.aalolus., -finc.
&ok" tg E"-Sk fitn & o4ea,"aialzt, -flna.
k:\325342Wi-sm-di.ta\documents\outgoillg\dayid mfftinez - cmbcip03.doc
Assistant Vice President
670
RESOLUTION TO BE SUBMITTED
671
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 Pursuant To lnvitation to Negotiate (lTN) No. 2015-
060-LR For The Leasing Of City-Owned Buildings And Rooftops For The Placement of
Telecommunications Eouioment.
N/A
Data (Su Environmental Scan, etc: N/A
Item Summary/Recommendation :
The Administration issued ITN 2015-060-LR to seek the proposals from qualified parties interested
in submitting proposals to the City to lease City-owned buildings and rooftops for the installation
and operation of telecommunications antennas and related equipment. The purpose of the ITN
was to provide the opportunity for communication services providers to lease authorized City-
owned properties, as well as provide a means of potential revenue to the City for the use of said
properties. The ITN was approved for issuance by the City Commission on January 14,2015. The
ITN was released on January 27,2015. A pre-proposal conference to provide information to the
proposers submitting a response was held on February 5,2015. On April 9, 2015, the City
received one proposalfrom Crown Castle.
The ITN required that proposals received be evaluated by an evaluation committee appointed by
the City Manager. However, since only one proposal for consideration, the Administration is
requesting a modification to the process currently outlined in the lTN. The ITN contemplates a
series of steps including evaluating and ranking the proposals. The Administration is requesting
bypassing the evaluation committee process since there is only one proposal, and instead request
the City Commission to authorize negotiations with the sole proposer, Crown Castle. Once
negotiations are completed, the Administration will bring back to the Mayor and City Commission
the agreement for final approval.
RECOMMENDATION
ADOPT THE RESOLUTION.
Financial lnformation :
Source of
Funds:
Amount l\ccount
1 N/A
2
OBPI
3
Total
Financial lmpact Summary:
Glerk's Office islative Tracki
Alex Denis, Extension 6641
Sion -Offs:
figpartment Director Ass i;[a nt c it/!!!p[t\{s r City M{pgger
Mq.{,[4ADrA6o'r'6 KGB OD M\JN['JLM
201S\May 6\Procurement\RFP 201 5-060-LR'Leasing of City>rr- Buildings and Rooftops for the
ications Equipment - SUMMARY.doc
of
Telecom m u n ication s
AGENDA ITEM R7 H
o*re F6-t f& MIAfiAIffif;ACH 672
g MIAMIBEACH
City of Miomi Beoch, l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMM SION MEMORANDUM
TO:Mayor Philip Levine and Members the City mtsston
FROM: Jimmy L. Morales, City Manager
DATE: May6,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER
PURSUANT TO TNVTTATION TO NEGOTTATE (rTN) NO. 2015-060-LR (THE tTN), FOR THE
LEASING OF CITY.OWNED BUILDINGS AND ROOFTOPS FOR THE PLACEMENT OF
TELECOMMUNICATIONS EQUIPMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
Revenue to the City.
BACKGROUND
The Administration issued ITN 2015-060-LR to seek the proposals from qualified parties interested in
submitting proposals to the City to lease City-owned buildings and rooftops for the installation and
operation of telecommunications antennas and related equipment. The purpose of the ITN was to
provide the opportunity for communication services providers to lease authorized City-owned properties,
as well as provide a means of potential revenue to the City for the use of said properties.
lTN PROCESS
The ITN was approved for issuance by the City Commission on January 14, 2015. The ITN was
released on January 27,2015. A pre-proposal conference to provide information to the proposers
submitting a response was held on February 5,2015. On April 9,2015, the City received one proposal
from Crown Castle.
MANAGERIS lUE D|LTGENCE & RECOMMENDATTON
The ITN required that proposals received be evaluated by an evaluation committee appointed by the
City Manager. However, since only one proposal for consideration, the Administration is requesting a
modification to the process currently outlined in the lTN. The ITN contemplates a series of steps
including evaluating and ranking the proposals. The Administration is requesting bypassing the
evaluation committee process since there is only one proposal, and instead request the City
Commission to authorize negotiations with the sole proposer, Crown Castle. Once negotiations are
completed, the Administration will bring back to the Mayor and City Commission the agreement for final
approval.
CONCLUSION
The Administration recommends that the Mayor and the City Commission, approve the resolution
accepting the recommendation of the City Manager, pursuant to lnvitation to Negotiate (lTN) No. 2015-
060-LR, for the Lease of City-Owned Buildings and Rooftops for the Placement of Telecommunications
Eouioment.
fr
JLM/MT/KGB/MS/AD
T:\AGENDAV01S\May 6\Procurement\RFP 2015-060-LR for the Leasing of City-Owned Buildings and Rooftops for the Placement
of Telecommunications Equipment - Memo.doc
673
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE
CITY MANAGER PERTAINING TO THE PROPOSALS RECEIVED,
PURSUANT TO INVTTATTON TO NEGOTTATE (rrN) NO. 2015-060-LR (THE
ITN), FOR THE LEASTNG OF CIW-oWNED BUILDINGS AND ROOFTOPS
FOR THE PLACEMENT OF TELECOMMUNICATIONS EQUIPMENT;
AUTHORIZING THE ADMINISTRATION TO BYPASS THE EVALUATION
COMMITTEE PROCESS SINCE THERE lS SOLELY ONE PROPOSAL; AND
AUTHORIZE THE ADMINISTRATION TO NEGOTIATE WITH THE SOLE
PROPOSER, CROWN CASTLE; AND ONCE NEGOTIATIONS ARE
COMPLETED, PLACE THE NEGOTIATED AGREEMENT ON A COMMISSION
AGENDA FOR CITY COMMISSION REVIEW AND APPROVAL.
WHEREAS, lnvitation to Negotiate (lTN) No. 2015-060-LR was issued on January 27,
2015, with an opening date of April 9, 2015; and
WHEREAS, a pre-proposal conference was held on February 5,2015; and
WHEREAS, the City received solely one (1) proposal to the lTN, which proposal was
issued by Crown Castle; and
WHEREAS, the ITN required that proposals received be evaluated by an evaluation
committee appointed by the City Manager; and
WHEREAS, however, since solely one proposal was received for the City's
consideration, the Administration is requesting a modification to the process currently outlined in
the ITN; and
WHEREAS, the ITN contemplates a series of steps including evaluating and ranking the
proposals; and
WHEREAS, the Administration is requesting to bypass the evaluation committee
process, and simply initiate negotiations with the sole proposer, Crown Castle; and
WHEREAS, once negotiations are completed, the Administration will place on an
upcoming City Commission agenda the proposed final agreement for the City Commission's
review and approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby accept the recommendation of the City Manager pursuant to lnvitation to
Negotiate (lTN) No. 2015-060-LR, for the Lease of City-Owned Buildings and Rooftops for the
Placement of Telecommunications Equipment; authorizing the administration to bypass the
evaluation committee process since there is solely one proposal; and authorize the
administration to negotiate with the sole proposer, Crown Castle; and once negotiations are
completed, place the negotiated agreement on a Commission agenda for City Commission
review and approval.
674
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor
lrllryrffi ard Wk*-ffi fh@ttl t' TrlaffiffiM#*$.lw*.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
&!*L- -4b'{$
-efrIttonley / E6-'&#
675
Gondensed Title:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, APPROVING, PURSUANT TO SECTION 2-367 (d) OF THE MrAMt BEACH CITY CODE, THE
PURCHASE OF FLOWSERVE PUMPS, AND ALL REPLACEMENT PARTS FROM CARTER
VERPLANCK, INC., THE SOLE AUTHORIZED DEALER OF FLOWSERVE PUMPS AND RELATED
ITEMS IN THE STATE OF FLORIDA.
COMMISSION ITEM SUMMARY
The Procurement Department has received a request from the Public Works Department to procure
Flowserve Pumps and replacement parts for existing pumps located at the City's Waste Water Pumping
Stations.
ln June 2003, the City issued a bid for the renovations to the City's Pump Stations, which included a
requirement for Flowserve pumps as specified by the engineer of record.
As noted in the attached letterfrom Flowserve, dated February 24,2015, the purchase of Flowserve brand
products, consisting of pumps and all replacement parts, is only available from Carter Verplanck, lnc., the
sole authorized State of Florida distributorfor Flowserve pumps and related items. Flowserve is a leading
manufacturer and aftermarket service provider of comprehensive flow management products and services.
Notwithstanding the notification by Flowserve Pumps, and as a matter of due diligence, the Procurement
Department released an lntent to Sole Source (lTS) on March 16,2015 to notify prospective bidders of: 1)
The City's intention to seek the requires services from the manufacturer authorized local dealer; and 2) to
allow bidders who may feel they are qualified to challenge the City's sole source decision. No responses
were received.
The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida,
approve, pursuant to Section 2-367 (d) of the Miami Beach City Code, the City Manager's recommendation
to purchase Flowserve pumps and replacement parts from Carter Verplanck, lnc., the sole authorized
dealer of Flowserve, the manufacturer of the required pumps and related items.
Source of
Funds:
Amount Account
1 $25,000.00 425-0420-OOO342
*fu@)
2
3
Total
Financial lmpact Summary: All funds expended will have been previously authorized for this
purpose.
AGENDA ITEM RI I
Build And Maintain Priority lnfrastructure With Full Accou
Supporting Data (Surveys, Environmental Scan, etc.):
Financial !nformation :
MIAMIBEACH p41s S-L-lS676
r-C," -e.
---
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMI ION MEMORANDUM
TO:Mayor Phillip Levine and Members the City Com
FROM: Jimmy L. Morales, City Manager
DATE: May6,2015
SUBJECT: A RESOLUTION OF THE MA AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING,T TO SECTTON 2-367 (d) OF THE MtAMt
BEACH CITY CODE, THE PURCHASE OF FLOWSERVE PUMPS, AND ALL REPLACEMENT
PARTS FROM CARTER VERPLANCK, INC., THE SOLE AUTHORIZED DEALER OF
FLOWSERVE PUMPS AND RELATED ITEMS IN THE STATE OF FLORIDA.
ADMIN ISTRATION RECOMMEN DATION
Adopt the resolution.
KEY INTENDED OUTCOME
Build and Maintain Priority lnfrastructure With Full Accountability.
FUNDING
Accou nt Code: 425-0420-000342, Amou nt: $25, 000. 00
Additional purchases will be subject to funds availability approved through the City's budgeting
process.
BACKGROUND/ANALYSIS
The Procurement Department has received a request from the Public Works Department to
procure Flowserve Pumps and replacement parts for existing pumps located at the City's Waste
Water Pumping Stations.
ln June 2003, the City issued a bid for the renovations to the City's Pump Stations, which
included a requirement for Flowserve pumps as specified by the engineer of record.
As noted in the attached letter from Flowserve, dated February 24, 2015, the purchase of
Flowserve brand products, consisting of pumps and all replacement parts, is only available from
Carter Verplanck, lnc., the sole authorized State of Florida distributor for Flowserve pumps and
related items. Flowserve is a leading manufacturer and aftermarket service provider of
comprehensive flow management products and services.
Notwithstanding the notification by Flowserve Pumps, and as a matter of due diligence, the
Procurement Department released an lntent to Sole Source (lTS) on March 16, 2015 to notify
prospective bidders of: 1) The City's intention to seek the requires services from the
manufacturer authorized local dealer; and 2) to allow bidders who may feel they are qualified to
challenge the City's sole source decision. No responses were received.
677
CONCLUSION
The Administration recommends that the Mayor and City Commission of the City of Miami
Beach, Florida, approve, pursuant to Section 2-367 (d) of the Miami Beach City Code, the City
Manager's recommendation to purchase Flowserve pumps and replacement parts from Carter
Verplanck, lnc., the sole authorized dealer of Flowserve, the manufacturer of the required
pumps and related items.
JLM/MT/EC/AD
T:\AGENDA\201S\May\PROCUREMENT\City of Miami Beach Memo Carter Verplanck Sole Source ITS 2015-14g-MT.docx
678
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MtAMt BEACH, FLORIDA, APPROVTNG, PURSUANT TO SECTTON 2-367 (d)
OF THE MIAMI BEACH CITY CODE, THE SOLE SOURCE PURCHASE OF
FLOWSERVE PUMPS, AND ALL REPLACEMENT PARTS, FROM CARTER
VERPLANCK, !NC., THE SOLE AUTHORIZED DEALER OF FLOWSERVE
PUMPS AND RELATED ITEMS IN THE STATE OF FLORIDA.
WHEREAS, pursuant to Section 2-367 (d) of the Miami Beach Code, the City
Commission may enter into contracts for goods and /or services where only one source for the
products or service is evident; and
WHEREAS, the Procurement Department has received a request from the Public Works
Department to procure Flowserve Pumps, and replacement parts for existing pumps, located at
the City's Waste Water Pumping Stations; and
WHEREAS, as noted in the attached letter from Flowserve (attachment 1), dated
February 24, 2015, the purchase of Flowserve brand products, consisting of pumps and all
replacement parts, is only available from Carter Verplanck, lnc., the sole authorized State of
Florida distributor for Flowserve pumps and related items; and
WHEREAS, the Administration recommends that the Mayor and City Commission of the
City of Miami Beach, Florida, approve, pursuant to Section 2-367 (d) of the Miami Beach City
Code, the City Manager's recommendation to purchase Flowserve pumps and replacement
parts from Carter Verplanck, lnc., the sole authorized dealer of Flowserve, the manufacturer of
the required pumps and related items.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission of Miami Beach, Florida, hereby approve, pursuant to Section 2-367 (d) of the
Miami Beach City Code, the sole source purchase of Flowserve pumps, and replacement parts,
from Carter Verplanck, lnc., the sole authorized State of Florida distributor.
PASSED AND ADOPTED this
ATTEST:
day of 2015.
Philip Levine, Mayor
Rafael Granado, City Clerk
City Attorney Date
,8[R[;'5',-8i,iB'' a ion ExEcuTloN
a{-,Q# +YoT:\AGENDA\201 S\May\PROCUREMENT\ITS 201 5-1 49-MT RESO.docx
679
^.FLOWSERVE
\./'
Pump 0ivision
February 24,2015
Mr. Anthony Mincy
City of Miami Beach
451 Dade Btvd.
Miami Beach, FL 33139-1508
Re: Ftowserve Pump Company
Sates Channel Coverage
Water Resources Market
Ptease be advised that Carter & Verptanck, lnc. is the sole and exctusive
representative for Flowserve Pump Division (formerly lngersotl-Dresser Pump
Company) products in the Water and Wastewater Resources Market.
These product lines inctude heritage brand names such as ACEC* Centrifugat
Pumps, Atdrich@ Pumps, Byron Jackson@ Pumps, Cameron@ Pumps, Durco@
Pumps, Ftowserve@ Pumps, IDP@ Pumps, Jeumont-Schneidern Pumps, Pacific@
Pumps, Pteuger@ Pumps, Scienco@ Pumps, Sier-Bath@ Rotary Pumps, TKLIM Pumps,
United@ Centrifugal Pumps, Western Land Rotter@ lrrigation Pumps, Wilson-
Snyder@ Pumps, Worthington@ Pumps and Worthington Simpson@ Pumps.
This agreement inctudes the sate of new units as wetl as After-Market sates such as
spare parts, repairs, revamps, rebuitds, and service.
Ptease be advised that the Ftowserve Corporation owns att of the above named
pump manufacturers, and has incorporated them under the name Ftowserve Pump
Division.
The geographicat areas of responsibitity for Carter & Verptanck, lnc. are the states
of Florida, Georgia, Atabama and Tennessee.
Mr. Ken Watker is the principat of record at Carter & Verplanck, lnc.
Very truty yours,
&* //roo,
Manager - Customer Service
Flowserve - Taneytown, MD
cc: J. Cantos
680
g MIAMIBEACH
City of Miomi Beoch, l70O Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
PROCUREMENT DEPARTMENT
Iel 305-673-7490 , Fox: 1786) 394-4075
Date:
To:
FROM:
March 16,2015
ALL INTERESTED PARTIES
Martha L. Torres
Procurement Coordinator
marthatorres@miamibeachfl.qov
Subiect: lntent to Award Pursuant to Sole Source Exemption. (lTS 2015-149-MT)
This notice is released pursuant to Section 2-367 (d) of the Miami Beach City Code. The
purpose of this notice is to notify interested parties that pursuant to Section 2-367(d), of the
Miami Beach City Code, intends to make a non-competitive award for the goods or services, as
stated below.
Goods or services required:
The City of Miami Beach Public Works Department is requesting the purchase of Flowserve
Pumps and Parts from Carter & Verplanck, lnc.
Supplier to be awarded: Carter & Verplanck, lnc.
Reason for Sole Source: Carter Verplanck, lnc., is the sole distributor of Flowserve Pumps
and Parts brand products.
Estimated value of award: $25,000.00
THIS NOTICE lS NOT A REQUEST FOR COMPETITIVE OFFERS. However, any firm that
believes it can meet the requirements stated herein may give written notification to the
contracting officer stated above within 7 calendar days from the date of this notice. Supporting
evidence must be furnished in sufficient detail to demonstrate the ability to comply with the
requirement(s) listed. Responses are due on or before March 23. 2015. A determination by the
City of Miami Beach not to compete this proposed contract based on responses to this notice is
solely within the discretion of the City of Miami Beach.
681
R9
NEW BUSINESS
AND
COMMISSION REQUESTS
682
r.-..-.
I--,
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of [he City Commission
From: Rafael E. Granado, City Clerk CADate: May 06, 2015 \
Subject: BOARDS AND COMMITTEES
ADMINISTRATION REGOMMENDATION:
That appointments be made as indicated.
ANALYSIS:
Attached are the applicants that have filed with the City Clerk's Office for Board and Committee appointments.
BOARD OR COMMITTEE:
Affordable Housing Advisory Committee
TOTAL MBRS. APPOINTED BY:
18 City Commission
TOTAL VAC
6
Page #
2
Board of Adjustment City Commission
Budget Advisory Committee City Commission
Committee on the Homeless Commissioner Deede Weithorn 10
Disability Access Committee 1414Commissioner Micky Steinberg
Health Advisory Committee City Commission 15
Hispanic Affairs Committee Commissioner Micky Steinberg t7
Housing Authority Mayor Philip Levine 19
LGBT Advisory Committee 15 Commissioner Deede Weithorn
Marine and Waterfront Protection Authority t4 Mayor Philip Levine
Commissioner Ed Tobin
2L
2t
Agenda ltem R ?A
Date !6-lS683
Miami Beach Commission For Women 25ztCommissioner Ed Tobin
Miami Beach Cultural Arts Council 11 City Commission
Miami Beach Human Rights Committee 11 City Commission
Planning Board City Commission
Production Industry Council Mayor Philip Levine
Transportation, Parking, Bicycle-Pedestrian
Facilities Committee
Mayor Philip Levine
Commissioner Ed Tobin
40
40
F j\C LER\BOARD AND COMMITTIES DATABASE\COMMISSIoN
MEMO\08 Commission Memorandum ForVacancies By Board
And Committees.Docx
684
VACANCY REPORT
Affordable Housing Advisory Committee
Board of Adjustment
Budget Advisory Com mittee
Health Advisory Committee
Miami Beach CulturalArts Council
MiamiBeach Human Rights Committee
Planning Board
Committee on the Homeless
LGBT Advisory Committee
6
'l
1
4
1
1
1
18
7
I
12
11
11
7
I
15
Marine and Waterfront Protection Authority
Miami Beach Commission For Women
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
Disability Access Committee
Hispanic Affairs Committee
1
2
1
14
21
8
14
7
Housing Authority
Marine and Waterfront Protection Authority
Production lndustry Council
Transportation, Parking, Bicycle-Pedestrian Facilities
Committee
'l
1
1
1
5
14
7
8
Wednesday, April 29, 201 5 685
r.-,.-.---
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
Members:
Flrst Name Last Name Positlonffltle:Term Ends:Appointed by:Term Limit:
Carmen
(Maria)
Dawn
George
Jay
Ray
Reagan
Sheila
Lopez
McCall
Neary
Dermer
Breslin
Pace
Duffy-Lehrman
0713112015 CommissionerMickySteinberg
0713112015 CommissionerJoyMatakoff
0713112015 CommissionerDeedeWeithorn
0713112015 Commissioner Jonah M.
Wolfson
0713112015 CommissionerMichaelGrieco
0713112015 Mayor Philip Levine
0713112015 Commissioner Ed Tobin
Applicants
Brian Falk
Dr. Barry Ragone
MerylWolfson
test test
Applicants
Dennis Mouyios
Lisa Almy
test test
Wednesday, April 29, 201 5 1 of42686
r.-,.e.Ir-
Boards and Committees Current Members
Affordable Housing Advisory Com mittee 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 (11) members shall be appointed at-large by a majority vote of the Mayor and City Commission, as follows:
One citizen:
1. One citizen actively engaged in the residential home building industry in connection with affordable housing;
2. One citizen actively engaged in the banking or mortgage banking industry in connection with affordable housing;
3. One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable
housing;
!. One citizen actively engaged as an advocate for low-income persons in connection with affordable housing;
5. One citizen actively engaged as a for-profit provider of affordable housing;
6. One citizen actively engaged as a not-for-profit provider of affordable housing;
7. One citizen actively engaged as a real estate professional in connection with affordable housing;
8. One citizen who actively serves on the local planning agency pursuant to Florida Statute S163.3174 (Planning Board
member);
9. One citizen who resides within the jurisdiction of the local governing body making the appointments;
10. One citizen who represents employers within the jurisdiction;
11. One citizen who represents essential 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 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
(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
12t31t2014
12t31t2015
12t31t2014
12t31t2014
12t31t2014
12t31t2018
12t31t2020
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alexander Orlofsky
Allison Stone
David Smith
Jane Hayes
Wedn*day, April29,
(5) For Profit Provider
(2) Actively Engaged in
Banking/Mortgage Industry
Commissioner Micky Steinberg
City Commission
City Commission
Commissioner Jonah M.
Wolfson
12131t2015
12t31t2016
12t31t2016
12t31t2015
12t31t202',1
12t31t2020
12t31t2020
12t31t2021
2of422015687
r.-t.-rr--
Boards and Committees Current Members
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Karen
Keren
Laurence
Mayela
Michael
Michael
Seth
Suzanne
Fryd
Bajaroff
Herrup TL
Mueller
Feldman
Bernstein
Feuer
Hollander
(1 0) Represents Employers
With Jurisdiction
(9) Resides with Jurisdiction of
LocalGoverning Body
(7) Real Estate Professional
Commissioner Joy Malakoff
Commissioner Ed Tobin
City Commission
Mayor Philip Levine
City Commission
12131t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2021
12t31t2022
12t31t2015
12t31t2021
12t31t2022
12t31t2021
12t31t2021
12t31t2019
1213112015 CommissionerDeedeWeithom
1213112016 CommissionerMichaelGrieco
Applicants
Barbara Gotlinsky
Dale Gratz
Eric Lawrence
Howard Weiss
Joseph Landesman
Juan Rojas
Prakash Kumar
1213112015 CityCommission
Applicants
Britta Hanson
Dr. Barry Ragone
Guy Simani
Jordan Nadel
Josephine Pampanas
Lawrence Raab
Stephanie Berman
Wednesday, April 29, 201 5 3of42688
-.-,.-:---
Boards and Committees Current Members
Art in Public Places Committee
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) members to.be appoint.ed 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, artisticitructure 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:
Sec. 82-561
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
Michael McManus
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
Wednesday, April 29, 201 5 4of42689
r.-,.-r---
=::
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
Weithom
Gidney
Weil
Starkman
Horwitz
CPA
CPA
CPA
CPA
12t31t2017
12t31t2015
12t31t2015
12t31t2017
't2t31t2015
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
Wednesday, April 29, 201 5 5of42690
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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, Architecture, Engineering, Real Estate
Development, Certified Public Accountant, Financial Consultation, and General Business. The mLmbersiepresenting the
professions of law, architecture, engineering and public accounting shall be duly licensed by the State of Florida; the member
representing general business shall be of responsible standing in the community; the member representing the field of financial
consultation shall be a Certified Public Accountant, Chartered Financial Analyst, Certified Financial 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
Bryan
Heidi
Larry
Noah
Richard
Goldberg
Rosenfeld TL
Tandy
Colin
Fox
Baron
Financial Advisor
CPA
At-Large
Genereal Business
Real Estate Developer
At-Large
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2019
12t31t2015
12t31t2019
12t31t2019
12t31t2018
12t31t2019
Applicants
Andres Asion
Brian Ehrlich
Deborah Castillo
GabrielPaez
lan Bacheikov
James Silvers
Jessica Conn
Kathleen Phang
Mark Alhadeff
Muayad Abbas
Ray Breslin
Richard Segal
Seth Frohlich
Applicants
Bradley Colmer
David Wieder
Frank DelVecchio
lan Bacheikov
Jack Benveniste
Jeffrey Feldman
Jonathan Beloff
Kristen Rosen Gonzalez
Mendy Lieberman
Nelson Fox
Ray Breslin
Roberta Gould
Victor Ballestas
Wednesday, April 29, 201 5 6of42691
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Boards and Committees Current Members
Budget Advisory Committee Sec.244
Composition:
Nine (9) members. Seven (7) direct appointments with Mayor and each Commissioner making one (1) appointment.
Two (2) at-large appointments:
one (1) certified public accountant and
one (1) for a financial advisor.
Please see the "Agenda - Agenda Archives" for the continuously updated Releases of City Commission At-Large Nominations
listing cunent information about which applicants have actually been nominated. The "Agenda - Agenda Archivis" 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 Position/Title:Term Ends:Appointed by:Term Limit:
Brian
David
Dushan
Hanis
Lancz
Koller TL
Benveniste TL
Gardiner
Fryd
Magrisso
Starkman
Financial Advisor 1213112016 CityCommission
1213112016 CommissionerDeedeWeithom
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerJoyMalakoff
1213112015 CommissionerMichaelGrieco
1213112016 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
12t31t2019
12t31t2018
12t31t2015
12t31t2015
12t31t2016
12t31t2022
12t31t2021
12t31t2021
Jack
John
Jonathan
Julio
Ronald
Applicants
Brett Harris
CarlLinder
Elliott Richard Alhadeff
Jason Witrock
Mario Coryell
Mirta Limonta
Regina Suarez
Stephen Zack
1213112016 Commissioner Steinberg
Applicants
Bryan Rosenfeld
Dwight Kraai
Guy Simani
John Bowes
MichaelLevine
Noah Fox
Robert Schwaftz
Test Test
Wednesday, April 29, 201 5 7of42692
r.-..-t
Boards and Committees Current Members
Committee for Quality Education in Miami Beach sec. 2-'1e0.134
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 staflto
serve as a liaison who shall report the Committee's actions to the City Manager.
City Liaison: Dr. Leslie Rosenfeld
Vacancy:
Vacant
Members:
City Commission Designee
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Betsy Mateu
Beverly Heller
Judith Berson-
Levinson
Karen Rivo TL
Marina Aviles
Richard Hull
Tiffany Heckler
Beth Edwards PTA Representative-Nautilus
Middle School06.30.15
Elisa Leone PTA Rep. - Biscayne
Elementary 06.30.14
lvefte Birba PTA Rep.-Feinberg Fisher K-8
06.30.15
Jessica Burns PTA Rep. South Pointe
Elementary 6.30.15
John Aleman PTA Rep. -North Beach
Elementary School 06.30. 1 5
Rosa Neely PTA Rep. -Treasure lsland
Elementary 06.30.14
Shelley Groff PTA Rep.- Miami Beach Sr.
High School06.30.15
Wednesday, April 29, 201 5
1213112016 Mayor Philip Levine 1213112021
1213112015 CommissionerMickySteinberg 12t31t2016
1213112016 Commissioner Joy Malakoff 12131t2021
1213112015 CommissionerDeedeWeithorn 1213112015
1213112016 CommissionerMichaelGrieco 12131t2022
1213112016 Commissioner Ed Tobin 12t31t2022
1213112015 Commissioner Jonah M. 12131t2018
Wolfson
8of42693
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Boards and Committees Current Members
First Name Last Name Position/Tltle: Term Ends: Appointed by: Term Limit:
Tamar Oppenheimer PTA Rep. - Ruth K. Broad K-8
06.30.15
Dr. Leslie Rosenfeld ACM/City Manager designee
Applicants
Dr. Elsa Orlandini
Hicham Moujahid
lvan Montes
Keren Bajaroff
Laurie Kaye Davis
Applicants
Eric Montes de Oca
lvan Montes
Joanna-Rose Kravitz
Kristen Rosen Gonzalez
Tashaunda Washington
Wednesday, April 29, 201 5 9of42694
r.-,.-,---
Boards and Committees Current Members
Committee on the Homeless
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), LincolnRoad(Marketing Council), Washington Avenue (Miami Beach Development Corporation andior Washington Avenue Taik Force),
Ocean Drive (Ocean Drive lmprovement Association), Collins Avenue (Hotel Association), South Pointi(South pointe Advisory
Board to the Redevelopment Agency); member of the general public with personal experience with homeless issues; CDBG
lloject Coordinator (ESG Emergency Shelter Grant Provider), City officiais, represeniative from the Potice Department and the
City Attorney's Office as ex-officio members.
City Liaison: Alexandra Gorfi nkel
Vacancy:
To replace Rachael Zuckerman
Members:
1213112015 CommissionerDeedeWeithorn 12t31t2017
Sec.2-161
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
12t31t2016
12t31t2015
12t31t20',t5
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
12t3'1t2021
12t31t2021
12t31t2016
12t31t2017
12t31t2021
12t31t2022Monica
Applicants
Dale Gratz
Eda Valero-Figueira
MaguiBenitez
Monica Casanova
Rocio Sullivan
Stephanie Berman
Zeiven Beitchman
Philip Levine
Applicants
Deborah Robins
Helen Swartz
Mark Wylie
Muayad Abbas
Rosalie Pincus
Valerie Navarrete
Wednesday, April 29, 201 5 10 of 42695
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Boards and Committees Current Members
Convention Center Advisory Board Sec.246
Composition:
The Board shall consist of seven (7) voting members.
The Mayor and each Commissioner shall make one (1) direct appointment.
The Chairperson of the Board of Directors of the Miami Beach Chamber of Commerce or his/her designee shall serve as a non-voting ex-officio member.
The Chairperson of the Board of Directors of the Greater Miami Convention and Visitors Bureau or his designee shall serve as a
non-voting ex-officio member.
Administrative representatives from the management group, Greater Miami Convention and Visitors Bureau, and the City
Manager's office shallserve as non-voting ex-officio members.
City Liaison: Max Sklar
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
David
Elizabeth
Jacqueline
Jared
Michael
Roger
Tony
Ita
Joshua
Matt
Kahn
Resnick
Hertz
Galbut
Goldberg
Abramson
Rodriguez
Moriarty
Levy
Hollander
12t3112016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2015
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
Commissioner Micky Steinberg
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Joy Malakoff
Mayor Philip Levine
12t31t2022
12t31t2020
12t31t2021
12t31t2021
12t31t2021
12,31t2016
12t31t2021
Ex-offi cio, GMCVB Admin.
Rep.
Ex-officio, Chair Bd. Dir. MBCC
Ex-officio, Global Spectrum
Admin.
Applicants
Barbara Gotlinsky
Gayle Durham
James Weingarten
Keren Bajaroff
Lee Zimmerman
Mark Wylie
Nawaz Gilani
Applicants
Carl Linder
Howard Weiss
Karen Brown
Lawrence Raab
Mark Wohl
Michael Bernstein
Victor Ballestas
Wednesday, April 29, 201 5 11 of 42696
r.-, --,
Boards and Committees Current Members
Design Review Board Sec. 118.71
Composition:
Two (2) year term.
Appointed by a minimum of 4 votes.
Seven (7) regular members 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 tne frisiory of
architecture, or a professional practicing in the fields of architectural design, or urban planning;
3. One landscape architect registered in the State of Florida;
4. One architect registered in the United States, or a professional practicing in the fields of architectural or urban design, or 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 designers and/or professional urban planners shall be residents of the iity.
City Liaison: Deborah Tackett
Vacancy:
Vacant
Members:
Ex-Officio/Disability Access
Committee
First Name Last Name Position/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
12t3112015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t3',U2019
12t31t2016
12t31t2020
12t31t2019
12t31t2019
12t31t2019
12t3112020
Registered Architect
At-large
Landscape Architect
Registered Architect
At-Large
Attorney
Registered Architect
Advisory/City Attomey
Designee
Advisory/Planning Dept.
Director
Applicants
Andres Asion
Brian Ehrlich
Christina LaBuzetta
DanielHertzberg
David Kahn
Francinelee Hand
Wednesday, April 29, 201 5
Applicants
Alexander Orlofsky
Bradley Colmer
Bryan Rosenfeld
Clotilde Luce
David Smith
Deborah Castillo
Jean-Francois Lejeune
12 of 42697
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--
l: :J
Boards and Committees Current Members
Jeffrey Cohen
Jessica Conn
Marina Novaes
Nelson Fox
Seth Wasserman
Suzanne Hollander
Victor Morales
Jeffrey Feldman
Joseph Furst
Matthew Krieger
Seth Frohlich
Stacy Kilroy
Terry Bienstock
Victor Ballestas
Wednesday, April 29, 201 5 13 of 42698
r^-,.-.
I--
Boards and Committees Current Members
Disability Access Committee
Composition:
The Committee shallbe composed of:
A board quorum of eight (8) members and requiring at least eight (8) votes for board action.
Fourteen (14) voting members who shall be direct appointees by the Mayor and City Commissioners.
1) persons having mobility impairments;
2) deaf and/or hard-of-hearing persons in the community; blind and/or vision impaired persons in the community;
3) mental, cognitive or developmental disabilities;
4) the industries of tourism and convention, retail, hospitality restaurant or hotel), and health care (or rehabilitation).
5) One non-voting ex-officio member who is either a member of the disabled community or has special knowledge of Americans
with Disabilities Act (ADA) issues.
As per Ordinance 2011-3731, in addition to other power and duties, the Chairperson of the committee may designate a
committee member to attend meetings of other city agencies, boards, or committees for the purpose of providing and obtaining
input regarding accessibility related issues and reporting to the Disability Access Committee on matters set forth in subsection
(b) so that the Disability Access Committee may provide recommendations to the City departments specified in subsection (b) or
to the City Commission.
Ordinance 2012-3757 amended Sec. 2-31(d) to increase the number of members from seven (7) to fourteen (14) and amended
the quorum.
City Liaison: Valeria Mejia
Vacancy:
To replace Susana Maroder-
Rivera
Members:
Commissioner Micky Steinberg 1210312021
2006-3500 s 2-31
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
David
David
Dr. Elsa
Dr. Susan
Helen
Lawrence
Leif
Maria
Matthew
Oliver
Russell
Sabrina
New TL
McCauley
Orlandini
Solman
Swartz
Fuller
Bertrand
Koller
Meyer
Stern
Hartstein
Cohen
Unger
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Deede Weithorn
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Jonah M.
Wolfson
Commissioner Ed Tobin
Commissioner Michael Grieco
Mayor Philip Levine
Commissioner Ed Tobin
12t31t2015
12t31t2020
12t31t2021
12t31t2019
12131t2018
12t31t2021
12t31t2021
12t3'1t2022
12t31t2020
12t31t2021
12t31t2019
12t3'U2017
12t31t2016Philip Levine
Applicants
Allison Stone
Jarred Relling
Zachary Cohen
Applicants
Britta Hanson
RafaelTrevino
Wednesday, April 29, 201 5 14 of 42699
r.-..-,
I--
Boards and Committees Current Members
Health Advisory Com mittee Sec.2-81 2002-3358
Composition:
Eleven (11) voting members appointed by the City Commission at-large upon recommendations of the City Manager:
Qne (1) member shall be the Chief Executive Officer (CEO's) or a designated administrator from Mount Sinai Medical Center;
One (1) member shall be the Chief Executive Officer (CEO) from Miami Beach Community Health Center or his/her designee
administrator;
Two (2) members shall be an administrator from an Adult Congregate Living Facility (ACLF), and/or an Assisted Living Facility
(ALF);
One (1) member shall be a representative from the nursing profession;
One (1) member shall be a health benefits provider;
Two (2) members 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 Oftice 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, Miami-Dade County
Health Department
Private lndividual 12131t2015
ACLF
Corporate lndividual 12131t2015
ACLF
City Commission
City Commission
City Commission
City Commission
12t3112019
12t31t2016
12t31t2019
12t31t2016
First Name Last Name Position/Title: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
'12t31t201s
12131t2016
12t3112016
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
Wednesday, April29,
Applicants
Jared Plitt
MichaelHall
2015 15 of 42700
r.-..-,
I--
Boards and Committees Current Members
Health Facilities Authority Board sec. 2-111
Composition:
Four (4) year terms.
Five (5) members shall consist of:
Two (2) health providers;
One (1) individual in the field of general business who possesses good standing in the community;
One (1) accountant; and
One (1) attorney;
The Chairperson of the Health Advisory Board shall serve as a non-voting advisor to the Authority. Members shall be residents of
the City.
Florida Statute 154.207 No term Limits.
City Liaison: Patricia Walker
Vacancy:
Vacant
Members:
Chairperson, Health Advisory
Board
Firct Name Last Name Position/Tltle:Term Ends: Appointed by:Term Limit:
Arthur Unger Accountant
Mark Sinnreich Health Provider
Michael Hall Health Provider
Robert Hertzberg Attorney
06/19/2016 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 GeneralBusiness 06/19/2018 City Commission FS.154.207
Applicants Appticants
David Berger Dr. David Farcy
Dr. Elsa Orlandini Rachelschuster
Richard Cuello-Fuentes Rosalie pincus
Zachary Cohen
Wednesday, April 29, 201 5 16 of 42701
-.-..-,---
Boards and Committees Current Members
Hispan ic Affairs Com mittee 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 12131t2021
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alex
Ana Cecilia
Antonio
Christina
Francis
Veronica
Femandez
Velasco
Purrinos
LaBuzetta
Trullenque TL
Camacho
12t31t2015
12t31t2016
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 Femandez
Regina Suarez
Applicants
Eneida Mena
Josephine Pampanas
RafaelTrevino
Wednesday, April 29, 201 5 17 of 42702
r.-,..-.---
Boards and Committees Current Members
Historic 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 land'scape 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 Stltes-, or an engineer licensed in the State of Florida,
each of the foregoing with professional experience and demonstrated interest in historic pieservation;
6. A member of the faculty of a school of architecture in the State of Florida, with academic expertise in the field of design and
historic preservation or the history of architecture, with a preference for an individual with praciical experience in architeiture andthe preservation of historic structures.
All members of the Board except the architect, engineer, landscape architect, professional practicing in the field of architectural
or urban design or urban planning and university faculty members of the Board, shall be residents oi the City; however, the City
Commission may waive this requirement by a 5l7lh vote, in the event a person not meeting these residency iequirements is
available to serve on the Board and is exceptionally qualified by training and/or experience in historic preservation matters.
City Liaison: Deborah Tackett
Members:
Firct Name Last Name Position/Title:Term Ends:Term Limit:by:
David
Dominique
Herb
Jane
John
Scott
wyn
Wieder TL
Bailleul
Sosa TL
Gross
Stuart
Needelman
Attorney
At Large
At Large
Dade Heritage
Registered Architect
MDPL
Faculty Member
12131t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2016
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2016
12t31t2015
'12t3'u2016
12t31t2019
12t31t2020
12t31t2019
Applicants
Bradley Colmer
Dona Zemo
Elizabeth Camargo
Jeffrey Cohen
Kathleen Phang
Mark Alhadeff
NealDeputy
Samuel Rabin, Jr.
William Lane
1213112015 CityCommission
Applicants
Deborah Castillo
Dr. Morris Sunshine
Jean-Francois Lejeune
Jennifer Lampert
Marina Novaes
MichaelSteffens
Raymond Adrian
Stephen Sauls
Wednesday, April 29, 201 5 18 of 42703
r.-.
-,---r--
=::--,_ t:l
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
10t11t2017
10t11t2016
10t11t2017
10t11t2015
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
10t11t2021
10t11t2018
10t11t2021
10t11t2019
Applicants
Barbara Gotlinsky
Jay Dermer
Applicants
Christina LaBuzetta
Prakash Kumar
Wednesday, April 29, 201 5 19 of 42704
r.-,.-,
I--
Boards and Committees Current Members
LGBT Advisory Committee 201 5-3931
Composition:
The Committee shallconsist of fifteen (15) voting members, with three (3) members to be directly appointed by the Mayor, and
two (2) members to be directly appointed by each City Commissioner. Notwithstanding the preceding sentence, the initial
membership of the Committee shall be comprised of those current members of the Mayor's Gay Business Development
Committee, choosing to serve on the Committee, with any additional members (as required to complete the total number of
members of the Committee) to be appointed at-large by a majority vote of the City Commission.
City Liaison: Vania Pedraja
Vacancy:
To replace Marivi lglesias
Members:
1213112015 CommissionerDeedeWeithorn 1213112018
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Chad
Cindy
Dale
David
Edison
Elizabeth
Gayle
James
Jorge
Laura
Mark
Michael
Nelida
Thomas
Richter
Brown
Stine
Leeds
Farrow
Schwartz
Durham
Weingarten
Richa
Veitia
Wylie
Bath
Barrios
Barker
12t31t2016
12t31t2019
12t31t2017
12t3'U2021
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
1213112016 CommissionerJoyMalakoff
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 Wolff
Steven Adkins
Wednesday, April 29, 201 5 20 of 42705
r.-..-.------
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 preservation of the City's beaches and waterfronts.
The members of the Authority shall have the right and duty to consult with any member of the City Administration for technical or
other information pertaining to the matters before them.
City Liaison: Mercedes Carcasses
Vacancy:
To replace William Cahill
To replace Monica Casanova
Members:
12t31t2014
12t31t2014
Commissioner Ed Tobin
Mayor Philip Levine
12t31t2021
12t31t2021
First Name Last Name Position/TiUe:Term Ends:Appointed by:Term Limit:
Addison
Albert
Barbara
Daniel
Sammet
Parron
Herskowitz
Kipnis
12t30t2015
12t30t2015
12t31t20'ts
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
12t31t2021
12t31t2021
12t31t2021
12t31t2016
12t31t2021
12t31t2021
12t31t2022
't2t31t2022
12t31t2019
12t31t2021
12t31t2022
12t31t20',t8
Dr. Morris Sunshine
Dr. Ronald Shane
Lizette Lopez
Manon"Marie" Hernandez
Maurice Goodbeer
Robert Schwartz
Robert Christoph, Jr.
Sasha Boulanger
Stg. Luis Sanchez ex-officio MB Marine Patrol
Commissioner Deede Weithorn
Mayor Philip Levine
Commissioner Micky Steinberg
CommissionerJonah M.
Wolfson
Commissioner Michael Grieco
Commissioner Joy Malakoff
CommissionerJonah M.
Wolfson
Commissioner Deede Weithorn
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Ed Tobin
Applicants
Adrian Gonzalez
Jennifer Lampert
Julio Magrisso
MichaelHall
MichaelHall
Applicants
Eric Lawrence
John Kanter
Mayela Mueller
MichaelLevine
Yael Sade
Wednesday, April 29, 201 5 21 of42706
r.-,
-.---
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 oia compiehensive flood
management plan for the City of Miami Beach.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Bruce Mowry
Members:
First Name Last Name Position/TiUe:Term Ends: Appointed by:Term Limit:
Dr. Michael Phang TL
Dwight KraaiTL
Scott Robins TL
0611412015 Mayor Philip Levine 06t14t2015
0611412015 Mayor Philip Levine 06t14t2015
0611412015 Mayor Philip Levine 06t14t2015
Applicants
Stephen Sauls
Applicants
Wednesday, April 29, 201 5 22 of 42707
-.-.--
Boards and Committees Current Members
Mayo/s Blue Ribbon Panelon North Beach Revitalization Sec.2-23 (b)
Composition:
The Mayor's Blue Ribbon Panel on North Beach Revitalization is created pursuant to the Mayor's authority to establish Blue
Ribbon Panels under Section 2-23(b) of the City Code, The Panel shall have the purpose of overseeing the City's North Beach
Revitalization consistent with the North Beach Master Plan.
The Panel shall initially consist of three (3) members, all of whom shall be appointed by the Mayor to serve for a term of one (1)
year.
The membership of the Panel may be increased to five (5) total members, at the discretion of the Mayor.
City Liaison: Jeff Oris
Members:
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Daniel
Margueritte
Veitia
Ramos
Arriola
03t02t2016
03t02t2016
03t02t2016
Mayor Philip Levine
Mayor Philip Levine
03t02t2016
03t02t2016
03t02t2016
Wednesday, April 29, 201 5 23 of 42708
Boards and Committees Current Members
Mayo/s Blue Ribbon Panel on Washington Avenue Sec.2-23(b)
Composition:
The Mayor's Blue Ribbon Panel on Washington Avenue is created pursuant to the Mayor's authority to establish Blue Ribbon
Panels under Section 2-23(b) of the City Code. The Panel shall have the purpose of overseeing 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:
Brian
Eric
Lyle
Saul
Falk TL
Lawrence TL
Stern TL
Gross TL
07t09t2015
07t0912015
07t09t2015
07t09t2015
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
07t0912015
07t09t2015
07t09t2015
07t09t2015
Wednesday, April 29, 201 5 24 of 42709
r--..-.---
'-'-'a'
..
Boards and Committees Current Members
Miami Beach Commission ForWomen 2oo7-3s70 S 2190-1
Composition:
Twenty-one (21 ) members.
Each of the seven (7) members of the City Commission shall appoint three (3) members.
City Liaison: Leonor Hernandez
Vacancy:
To replace Gertrude Arfa
To replace NikkiWeisburd TL
Members:
12t31t2014 Commissioner Ed Tobin
Commissioner Ed Tobin
12t31t2014
12t31t2015
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Debra (Debi) Quade
Adrienne
Carrie
Dona
Dr. Corey
Krieger
Wiesenfeld
Zemo
Narson
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12t31t2015
12t31t2021
12t31t2021
12t31t2019
12t31t2021
12t31t2021
12t31t2016
't2t31t2021
12t31t2019
12t31t2022
12t3'U2015
12t31t2021
12t31t2015
10t31t2021
12t31t2018
12t31t2017
12t31t2017
'12t31t2015
12t31t2017
12t31t2020
Commissioner Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Mayor Philip Levine
Commissioner Micky Steinberg
Commissioner Joy Malakoff
Commissioner Ed Tobin
Commissioner Jonah M.
Wolfson
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
Commissioner Deede Weithorn
Commissioner Michael Grieco
Commissioner Michael Grieco
Commissioner Jonah M.
Wolfson
Francinelee Hand
Heather
Jessica
Davis
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 Mayor Philip Levine
1213112015 CommissionerDeedeWeithorn
1213112015 Mayor Philip Levine
1213112015 CommissionerDeedeWeithorn
Applicants
Allee Newhoff
Bonnie Crabtree
Christina LaBuzetta
Eda Valero-Figueira
Eneida Mena
Jenifer Caplan
Joanna Popper
Joyce Garret
Wednesday, April 29, 201 5
Applicants
Barbara Kaufman
Britta Hanson
Dale Gratz
Elizabeth Resnick
Helen Swartz
Jennifer Lampert
Josephine Pampanas
Laura Levey
25 of 42710
-.-,.-,
--I---
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
Wednesday, April 29, 201 5 26 of 42711
r.-. --.------
Boards and Committees Current Members
Miami Beach CulturalArts Council Sec.2-55
Composition:
The members of the Council shall be appointed at-large by majority vote of the Mayor and City Commission. The term of office
for each member shall be three (3) years. Additionally, effective December 31,2002, no Council member may serve more than
six consecutive years; this provision shall be measured retroactively from the date of the initial appointments to the Council. No
Council member who seryes the maximum proscribed term limitations shall be appointed to the Council during the two year
period following the expiration of his/her term.
City Liaison: Gary Farmer
Vacancy:
To replace Gregory Melvin TL
Members:
12t31t2015 City Commission 12t31t2015
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Beatrice
Charles
Dale
Dawn
Elliott Richard
lsrael
Marjorie
Merle
Samuel
Susan
Hornstein TL
Million
Gratz
McCall
Alhadeff
Sands
O'Neill-Buttler
TL
Weiss
Rabin, Jr.
Schemer
12t31t2015
12t31t2016
12t3112016
12t31t2016
12t31t2016
12t31t2016
12t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2017
12t31t2020
02t11t2020
12t31t2019
12t31t2020
12t3112015
12t31t2017
12t31t2020
12t31t2019
1213112015 CityCommission
1213112016 CityCommission
1213112016 CityCommission
Applicants
Allee Newhoff
Calvin Kohli
Eleanor Ellix
lvan Montes
Jenna Ward
Joanna Popper
Kevin Kelsick
Mark Balzli
Monica Harvey
Otiss (Arah) Lester
Ray Breslin
Vanessa Menkes
Applicants
Bradley Ugent
Dr. DanielNixon
Eugenio Cabreja
Janda Wetherington
JillShockett
Kara White
Marian DelVecchio
MichaelMcManus
Monica Matteo-Salinas
Pedro Menocal
Ray Breslin
Wesley Castellanos
Wednesday, April 29, 201 5 27 of 42712
r--,.-.
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 theCity
Commission.
The members of the Committee shall reflect, as nearly as possible, the diversity of individuals protected under the City's Human
Rights Ordinance. ln keeping with this policy, not less than two (2) months prior to making appointments or re-appointments to
the Committee, the City Manager shall solicit nominations from as many public service groups and other sources,'which he/she
deems appropriate, as possible.
At least one (1) of the Committee members shall possess, in addition to the general qualifications set forth herein for members, a
license to practice law in the State of Florida; be an active member of and in good standing with the Florida Bar, and have
experience in civil rights law. The attorney member shall also serve as Chair of the Committee.
City Liaison: Marcia Monserrat
Vacancy:
To replace Rafael Trevino
Members:
1213112016 CityCommission 12t31t2016
First Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Alan
Amy
Bradley
David
lvan
Jay
Monica
Rachel
Walker
William
Fishman
Rabin
Ugent
Mardini
Cano
Dermer
Harvey
Umlas
Burttschell
Warren Jr.
Law 12t31t2015
12t31t2016
12t31t2015
12t31t2016
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12t31t2016
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12t31t201s
City Commission
City Commission
City Commission
Mayor Philip Levine
City Commission
Mayor Philip Levine
City Commission
City Commission
City Commission
12t31t2016
12t31t2019
12t31t2018
12t31t2022
12t31t2019
12t31t2022
12t31t2018
12t31t2018
12t31t2016
12t31t2019
Applicants
Andrea Travaglia
Deborah Robins
Hicham Moujahid
Jarred Relling
Michael Levine
Stephen Fox, Jr.
Commission
Applicants
Christine Butler
Dr. Andrew Nullman
lvan Montes
Lisa Almy
Rafael Leonor
Wednesday, April 29, 201 5 28 of 42713
I.-.
-,
---e--
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.
I!"!" 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
Jacquelynn
Jessica
Joyce
Laura
Lidia
Lisa
Magui
Maria
Michelle
Nuccio
Omar
Samantha
Steven
Baumel
Robins
Goldin
Neary
Simani
Burstein
Weiss
Powers
Londono
Garret
Colin
Resnick
Desmond
Benitez
Maltagliati
Ricci
Nobel
Caiola
Bratter
Adkins
12t31t2015
12t31t2015
12t31t2015
12t31t2016
12t3112016
12t31t2015
12t31t2016
12t31t2016
12t31t2015
12t31t2016
12t31t2015
12131t2016
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t20't5
12t31t2016
12131t2016
12t31t20',16
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
Mayor Philip Levine
12t31t2021
12t31t2021
12t31t2021
12t3112016
12t3112021
12t31t2021
12t31t2021
12t31t2021
12t3'U2021
12t31t2021
12t31t2022
12t3112021
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Brampton, Canada
Almonte, Spain
Basel, Switzerland
Other
Rio de Janeiro, Brazil
Fujisawa, Japan
Other
Nahariya, lsrael
Other
lca, Peru
Other
Santa Marta, Colombia
Other
Other
Forlaleza, Brazil
Pescara, ltaly
Cozumel, Mexico
Other
Other
Other Philip Levine
Applicants
Bemardo Collado
Christopher Pace
Darin Feldman
Elizabeth Camargo
lsraelSands
Joseph Hagen
Monica Fluke
Rebecca Boyce
Wednesday, April 29, 201 5
Applicants
Charles Million
Christopher Todd
Dr. Andrew Nullman
Gabriel Paez
Jared Plitt
Laura Levey
Raymond Adrian
Rocio Sullivan
29 of 42714
r.-..-.---
Boards and Committees Current Members
Tamra Sheffman
Wesley Castellanos
Tiffany Heckler
Wednesday, April 29, 201 5 30 of 42715
r.-,.-,---
Boards and Committees Current Members
Normandy Shores Local Govemment Neighborhood lmprovement Sec 34-175
Composition:
The Advisory Council shall be appointed by the Board of Directors (City Commission) and composed of three members of the
Executive Committee of the Normandy Shores Homeowners Association. On behalf of the Board of Directors, the City Clerk shall
solicit from the Executive Committee the eligibity list of its members for appointment consideration. The Advisory Council shall 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/Tifle:Term Ends: Appointed by:Term Limit:
Brett
Carmen
John
Harris
Browne
Bowes
1213112016 CityCommission
1213112016 CityCommission
1213112016 CityCommission
12t31t2022
12t31t2022
12t31t2018
Applicants
LoriNieder
Applicants
Wedn*day, April 29, 201 5 31 of 42716
r.-,.-.
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:
Firct Name Last Name Position/Title:Term Ends:Appointed by:Term Limit:
Chris
Dana
David
Eliane
Harriet
Lee
Leslie
Lori
Paul
Ronald
Growald
Turken
Berger
Soffer
Halpryn TL
Zimmerman
Graff TL
Nieder
Stein
Krongold
Tennis
Scott Rakow Youth Center
Tennis
1213112016 City Commission 1213112021
1213112015 City Commission 1213112019
1213112015 City Commission 12131t2019
'1213112015 CommissionerMichaelGrieco'1213112021
1213112015 Commissioner Jonah M. 1213112015
Wolfson
Jenifer Caplan
Jonathan Groff
Golf 1213112015 CityCommission
1213112016 CommissionerDeedeWeithorn
1213112015 CommissionerJoyMalakoff
1213112015 Commissioner Ed Tobin
1213112015 CommissionerMickySteinberg
1213'112016 Mayor Philip Levine
1213112016 CityCommission
12t3'1t2019
12t31t2017
12t31t2021
12t31t2015
12t31t2021
12t31t2021
12t31t2019
12t31t2019
Golf
Stephanie Rosen No. Shore Park Youth Center 1213112016 City Commission
Applicants
Beverly Heller
Bruce Reich
DanielNagler
Joseph Hagen
Lindsay Genet
Mojdeh Khaghan
Samuel Rabin, Jr.
Wesley Castellanos
Wednesday, April 29, 201 5
Applicants
Brett Harris
Christopher Todd
Eneida Mena
Joseph Conway
Mark Balzli
Nawaz Gilani
Tiffany Heckler
32 of 42717
r.-,.-.
-....: "..:"1: :-
Boards and Committees Current Members
Personnel Board Sec.2-190.66
Composition:
Ten (10) members appointed by a 5/7th vote:
1. Six (6) of which shall be citizens of Miami Beach not in the employment of the City, each having a different vocation;
2. Three (3) regular employees of the City of Miami Beach, to be elected by the probationary andiegular 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
Evette
Paez TL
Borrello
Gold
Krieger
Khaghan
Pincus TL
Crespo-Tabak
Bello
Cananza
Phillips
Human Resources Director
Group I
Group ll
12t31t2015
12t31t2015
12t31t2016
12t31t2015
12t31t2016
12t31t2015
07t31t2017
07t31t2016
07t31t2015
City Commission
City Commission
City Commission
City Commission
City Commission
City Commission
12t31t2015
12t31t2019
12t31t2018
12t31t2019
12t31t2016
12t31t2015
Applicants
Christine Butler
Michael Perlmutter
Richard Preira
Applicants
Dr. Elsa Orlandini
Nancy Wolcott
Wednesday, April 29, 201 5 33 of 42718
r.-..-,---
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 shall at a minimum be comprised of:
1. One architect registered in the State of Florida; or a member of the faculty of a school of architecture in the state, with practical
or academic expertise in the field of design, planning, historic preservation or the history of architecture; or a landscape architect
registered in the state of Florida; or a professional practicing in the fields of architectural or urban design, or urban planning;
2. One developer who has experience in developing real property; or an aftorney in good standing licensed to practice law witnin
the United States;
3. One attomey licensed to practice law in the State of Florida who has considerable experience in land use and zoning issues;
4. One person who has education and/or experience in historic preservation issues. For purposes of this section, the term
"education and/or experience in historic preservation issues" shall be a person who meets one or more of the following criteria:
a. Has earned a college degree in historic preseruation;
b. ls responsible for the preservation, revitalization or adaptive reuse of historic buildings; or
_ 9t 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 persol 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 event 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.118-51
Vacancy:
To replace Jean-Francois
Lejeune
Members:
Architect City Commission 12t31t2017
First Name Last Name Position/Title:Term Ends: Appointed by:Term Limit:
Brian
Jack
Jeffrey
Jonathan
Randolph
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
12t31t2019
12t31t2018
12t31t2019
12131t2015
12t31t2019
12t31t2020
Applicants
Andres Asion
Christine Florez
DanielVeitia
David Kahn
Dominique Bailleul
lan Bacheikov
James Silvers
Jeffrey Cohen
Jonathan Fryd
Marina Novaes
MichaelSteffens
Nelson Fox
Wednesday, April 29, 201 5
Applicants
Brian Ehrlich
DanielHertzberg
David Wieder
David Smith
lan Bacheikov
Jack Benveniste
Jared Galbut
Jessica Conn
Madeleine Romanello
Mark Alhadeff
Muayad Abbas
Noah Fox
34 of 42719
r.-..-.---
=:..-._
Boards and Committees Current Members
Robert Sena
Suzanne Hollander
Seth Frohlich
Wednesday, April 29, 201 5 35 of 42720
r.-'.-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, the voting members of the Committee shall have knowledge of and interest in Police Community Relations
and their impact on the City of Miami Beach. Recommendation for appointment to all voting and nonvoting membership selected
by the Mayor and Commission shall be encouraged to be obtained from the Spanish-American League 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.f-.); the Dade Action
Pact; the National Association for the Advancement of Colored People (N.A.A.C.P.); the League olf Women Voters and the other
organizations 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
P|itt TL
Kanter
Sheepard-
Broad
Wolfson
Perlmutter
Gonzalez TL
Lopez
Oppenheimer
Leser
Lucero
1213112016 CommissionerJoyMatakoff
1213112015 CommissionerMickySteinberg
1213112016 CommissionerMichaelGrieco
1213112016 CommissionerMickySteinberg
1213112015 CommissionerDeedeWeithom
1213112015 Mayor Philip Levine
1213112016 Commissioner Ed Tobin
1213112016 CommissionerJoyMalakoff
1213112016 CommissionerMichaelGrieco
1213112015 Commissioner Ed Tobin
1213112015 Mayor Philip Levine
1213112016 Commissioner Jonah M.
Wolfson
1213112015 Commissioner Jonah M.
Wolfson
1213112015 CommissionerDeedeWeithom
12t31t2021
12t31t2021
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12t31t2015
12t31t2022
12t31t2021
12t31t2021
12t31t2020
12t31t2015
12t31t2021
12t31t2017
12t31t2021
12t31t2019
Applicants
Allison Stone
Deborah Ruggiero
Eugenio Cabreja
Hicham Moujahid
Jordan Nadel
Joyce Garret
Lawrence Raab
Leif Bertrand
Mario Coryell
Monica Fluke
Prakash Kumar
Wednesday, April 29, 201 5
Applicants
DanielNagler
Eric Lawrence
Heather Davis
JillShockett
Joseph Hagen
Larry Colin
Lee Zimmerman
LoriGold
Michael Bernstein
Nawaz Gilani
Rachel Schuster
36 of 42721
r.-,.-.---
Boards and Committees Current Members
Rafael Leonor
Stephen Fox, Jr.
Richard Preira
Zeiven Beitchman
Wednesday, April 29, 201 5 37 of 42722
r--..-.---:::
,i
Boards and Committees Current Members
Production Industry Council
Composition:
The Council shall consist of seven (7) voting members. The Mayor and each Commissioner shall make one direct appointment.
All regular members shall have knowledge of the fashion, film, news media, production, television and or recording industries of
the City.
Each of the six (6) industries shall be represented by at least one member, but no more than three (3) members, who are directly
involved with that industry.
City Liaison: Graham Winick
Sec.2-71
1213112014 Mayor Philip Levine
Vacancy:
To replace Aleksandar
Stojanovic
Members:
Production 12t31t2021
First Name Last Name Position/TiUe: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
12131t2016
12t31t2016
12t31t2015
12t31t2015
Commissioner Deede Weithorn
Commissioner Ed Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Jonah M.
Wolfson
12t31t2018
12t3',U2015
12t31t2021
12t31t2021
12t31t2021
12t31t2017
Applicants
Aleksandar Stojanovic
Applicants
Samantha Bratter
Wednesday, April 29, 201 5 38 of 42723
r.-,
-.---
Boards and Committees Current Members
Sustainability Com mittee 2008-3618
Composition:
The Committee shall consist of seven (7) voting members, one each to be directly appointed by the Mayor and each City
Commissioner. A Commissioner appointed by the Mayor, shall serve as a non-voting membeiand shail serve as the
Chairperson of the Committee.
The purpose of the Committee is to provide guidance and advice with regard to the City's efforts to provide and promote general
environmental improvement trends, or "Green lnitiatives," and "Sustainable Development," which is herein defined as a plttern
of resource use that aims to meet community needs while preserving the environment so that these needs can be met, not only
in the present, but in the indefinite future.
The Committee shall make advisory recommedations to the City Commission and the City Manager to promote Citywide Green
lnitiatives and to promote and provide plans for Sustainable Development in the City of Mlami Beach.
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
Commissioner Joy Malakoff
Commissioner Micky Steinberg
Commissioner Deede Weithom
Commissioner Jonah M.
Wolfson
12t31t2021
12t31t2020
12t31t2015
12t31t2015
12t31t2021
12t31t2021
12t31t2021
1213112016 Commissioner Ed Tobin
1213112016 CommissionerMichaelGrieco
1213112015 Mayor Philip Levine
Applicants
Amy Rabin
Jenifer Caplan
Russell Hartstein
Yael Sade
Applicants
Andrea Travaglia
Marivi lglesias
Walker Burttschell
Wednesday, April 29, 201 5 39 of 42724
-.-,.-.---
Boards and Committees Current Members
Tra nsportation, Parki ng, Bicycle-Pedestrian 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 must 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 consist of a quorum of the
Committee and shall be necessary in order to take any action.
The members of the voting Committee shall have knowledge of and interest in transportation and parking and their impact on the
City. The members designated by their respective community organization shall provide a letter from such organization certifying
that designation to the City Clerk.
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 Position/Title:Term Ends:Appointed by:Term Limit:
AI
Deborah
Delvin
Eric
Frederick
Charles
Jo
Madeleine
Mark
Ray
Scott
Seth
William Bill
Feola
Ruggiero
Fruit
Montes de Oca
Sake
Asmundsson
Romanello
Weithorn
Breslin
Diffenderfer TL
Wasserman
Hahne
Member Ocean Drive
Association
Member Mid-Beach
Neighborhood or Bus Assc.
Member MBCDC
Member MBCC
Member No.Beach
Development Corp.
12t31t2016
12131t2015
12t31t2016
12t31t2015
't2t31t2015
12t31t2015
Commissioner Micky Steinberg 1213112021
Commissioner Ed Tobin 121312022
Commissioner Deede Weithorn 12131 12022
Commissioner Joy Malakoff
Commissioner Jonah M.
Wolfson
Commissioner Michael Grieco
12t31t2021
't2t31t2015
12t31t2016
Applicants
Allison Stone
lan Bacheikov
Lila lmay
Wednesday, April 29, 201 5
Applicants
lan Bacheikov
Leif Bertrand
Lindsay Genet
Member MDPL
40 of 42725
r.-..-"r--
Boards and Committees Current Members
Lisa Almy
Rafael Leonor
Yael Sade
Mayela Mueller
Robert Lopez
Wednesday, April 29, 201 5 41 of42726
r.-..-.r--
=::
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 representative of the hotel industry;
2. The remaining members, none of whom shall be representative of the hotel industry, shall represent the community aFlarge.
Any member of the Authority or employee thereof violating or failing to comply with provisions of this article shall be d'eemed 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
(Pessv)
Stephen
Tim
Tamis
Perry
Gonzalez
Hertzberg
Benua
Hertz
Nardi
At-Large
At-Large
At-Large
At-Large
Hotel lndustry
At-Large
Hotellndustry
1213112016 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
1213112016 CityCommission
1213112015 CityCommission
1213112015 CityCommission
12t31t2022
12t31t2016
12t31t2019
12t31t2019
12t31t2017
12t31t2019
12t31t2019
Applicants
Charles Million
Dona Zemo
Jared Galbut
Kristen Rosen Gonzalez
Matthew Krieger
Applicants
Christy Farhat
Heather Davis
Jeffrey Graff
Laurence Herrup
Seth Feuer
Wednesday, April 29, 201 5 42 of 42727
City Commission Committees
Finance & CiUwide Projects Committee
Position 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 Appointed by
Chair
Vice-Chair
Member
Alternate
Liaison
Neighborhood/Community Affairs Committee
Commissioner Joy Malakoff
Commissioner Jonah Wolfson
Commissioner Ed Tobin
Mayor Philip Levine
Thomas Mooney
Mayor Levine
Mayor Levine
Mayor Levine
Mayor Levine
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
728
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it)'21 :l
NON.CITY COMMISSION COI\AMITTEES
Moyor Philip Levine
o Miomi-Dode Metropoliton Plonning Orgonizotion. U.S. Conference of Moyors
Commissioner toy Mqlokoff. FIU Wolfsonion Advisory Boord
Commissioner Deede Weithorn. Miomi-Dode County Homeless Trust Boord. Miomi-Dode County Leogue of Cities, Post President
Borborq Herskowitz, Christine Gudoitis. Public Librory Advisory Boord
Ricky Arriolo, lorry Colin, Richord Milstein. The Adrienne Arsht Center for the Performing Arts Center Trust
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Cityof Miomi Beoch, lZ00 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levi ne and Members of the pity Commission
FRoM: Rafael E. Granado, City Clerk
DATE: May 6, 2015
SUBJECT: BOARD AND COMMITTEE APPOINTMENTS - CITY COMMISSION APPOINTMENTS
ADMI NISTRATION RECOMMEN DATION
Make appointments as indicated.
ANALYS!S
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 (6):
. One citizen who is actively engaged in the residential home building industry in
connection with affordable housing.
. One citizen who is a representative of those areas of labor actively engaged in home
building in connection with affordable housing.
. One citizen actively engaged as an advocate for low-income persons in connection with
affordable housing.
o 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.
Asenda ne#--R ?n I
Date s-6-rf '
F:\CLER\COMMON\2o15\05062015 CM\BC APPOINTMENTS AT LARGE FOR MAY 6 201 5 COMMISSIoN MEETING.Docx
731
2. BOARD OFADJUSTMENT
vAcANT CATEGORY (1):
. One member in the Law category.
3. BUDGET ADVISORY COMMITTEE
vAcANT CATEGORY (1):
. One certified public accountant.
4. HEALTH ADVISORY COMMITTEE
vAcANT CATEGORTES (4):
o 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.
5. MIAMI BEACH CULTURAL ARTS COUNCIL
vAcANT CATEGORY (1):
. One (1) member to be appointed At-Large.
7. MIAMI BEACH HUMAN RIGHTS COMMITTEE
vAcANT CATEGORY (1):
. One (1) member to be appointed At-Large.
8. PLANNING BOARD
vAcANT CATEGORTES (1):
. One architect registered in the State of Florida; or a member of the faculty of a school of
architecture in the State, with practical or academic expertise in the field of design,
planning, historic preservation or the history of architecture; or a landscape architect
registered in the State of Florida; or a professional practicing in the fields of
architectural or urban design, or urban planning.
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:i/m iam ibeachfl. oov/citvclerl</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\2015\05052015 CM\BC APPOINTMENTS AT LARGE FOR MAY 6 2015 COMMISSION MEETtNG.Docx Page 2
732
R9 - New Business and Gommission Requests
R9B1 Dr. Stanley Sutnick Citizen's Forum. (8:30 a.m.)
RgB2 Dr. Stanley Sutnick Citizen's Forum. (1:00 p.m.)
AGENDAITEM RqBI-L
DATE S- 6-'T
733
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734
R9 - New Business and Commission Requests
RgC Update On The Miami Beach Convention Center Project.
(Office of the City Manager)
Agenda ltem R94 -Date *6-({735
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736
R9 - New Business and Commission Requests
RgD Update On The Miami Beach Centennial.
(Office of the City Manager)
Aqenda ltem RQ T\
Date f-6-l(737
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738
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members bf the City
FROM: Jimmy L. Morales, City Manager
DATE: May 6, 2015
SUBJECT: DISCUSSION REGARDING UPDATE ON THE TRANSPORTATION MASTER PLAN
BACKGROUND
!n July 2014, the City of Miami Beach engaged Gannet Fleming, lnc. to complete a
Transportation Master Plan for the City. The Transportation Master Plan will provide a data-
driven overview of the existing conditions in terms of transportation and mobility in the City,
establish the transportation vision for the City, provide guidelines for future transportation
systems and mobility strategies and suggest policy modifications to improve the efficiency of our
transportation network. To achieve this, the Transportation Master Plan consultant team has
evaluated and analyzed existing multimodal data and conditions, forecasted future conditions,
and coordinated with agencies and stakeholders. ln addition, the consultant team will develop a
project bank, prioritize the projects in the project bank, and identify internal and externalfunding
sources to implement the projects identified in the project bank.
On March 18,2015, the City held a Commission Workshop on transportation which included an
overview of the Transportation Master Plan, and the existing transportation conditions and
trends in the City, and ongoing and planned transportation projects and initiatives At the
Workshop, the Commission supported the proposed Modal Prioritization strategy presented by
the project team which establishes a mode hierarchy which prioritizes pedestrians, followed by
transit, bicycles, and freight, and lastly, private vehicles. ln addition, the project team will
conduct a Public Meeting to present the existing and future conditions of the City's
transportation network and provide an opportunity for the community to interact with the project
team and provide input on the draft plan.
ANALYSIS
Currently, the Transportation Master Plan team has completed the data collection effort, existing
conditions report, and future conditions forecasting. Given that the Transportation Master Plan is
a comprehensive multimodal plan, Level of Service (LOS) is being generated for all modes.
At the April 15, 2015 City Commission meeting, the City Commission expressed concerns with
failing intersections and their effect on the overall network. LOS is a letter grade scale used as a
qualitative measure of the efficiency of intersections and corridors. LOS is determined (A-F) that
is based on intersection delay. It is important to note that LOS is not a measure of the safety of
an intersection. The key factor in determining the efficiency of an intersection is the volume-
capacity ratio (V/C). The V/C compares the number of vehicles traveling through an intersection
to the capacity of that intersection based on number of lanes, width of lanes, speed, type of
signalization, and other characteristics. Generally, when the V/C value is close to one (1), the
intersection is approaching capacity and is assigned a LOS E. A V/C greater than one (1)
implies the intersection is over capacity and failing (i.e., LOS F). lntersections rated as LOS E
Agenda ltem - R? E-
Date 90-t{739
Commission Memorandum - Dlscussion Regarding An Update On The Transporlation Master Plan
May 6, 201 5
Page2of 3
or LOS F are considered critical intersections.
The table below depicts the list of critical intersections presented at the March 18th
Transportation Workshop as well as an analysis of potential solutions. At this time, the
Transportation Master Plan team is in the process of analyzing each of the critical intersections.
Recommendations to improve through-put at these intersections will be included as part of the
Transportation Master Plan project bank.
The capacity issues identified for these intersections relate to vehicular capacity. The
aforementioned mode hierarchy endorsed by the City Commission will modify the approach to
Level of Service in the City of Miami Beach by transitioning from the concept of vehicular
capacity to person-trip capacity. As mentioned at the Transportation Workshop, mass transit
projects will increase people throughput, thus enhancing the efficiency of our transportation
network. While not of the same order of magnitude, proposed lntelligent Transportation System
solutions, including Adaptive Traffic Signal Control, will also help to improve through-put and the
efficiency of the City's roadway network.
The Administration anticipates presenting a draft Transportation Master Plan, including the draft
Bicycle/Pedestrian Master Plan as a component, to the City Commission in July 2015, for
discussion and input. A final draft Transportation Master Plan is anticipated to be presented to
the City Commission for adoption in August 2015.
qkon Road and 5th street
lack of capacity due to the excess demand from
Eastbound leg and insufficient capacity in the transition
to Citv streets
lmproved technology and optimization along Alton Boad and 5th
Street to reduce the number of stops at the downstream signals. This
alternative requires further analysis.
\lton Road and 17th Str€el .ack of capacity due to the existing geometic conditions
lmproved geometry submitted by the City has been reviewed by FDOT
and comments have been submitted to the City. The City is currently
addressins those comments.
\lton Road and Dade Boulevard Lack of capacity due to downstream signal
This intersection is being reviewed as part of the Alton Road and 17th
street geometric concept. Staff believes that this intersection will
improve if the geometric improvements at 17th Street and Alton Road
can be implemented. This intersection will also benefit from the West
Avenue Bridee.
llst and lndian creek Drive High volumes observed in all four legs, however E-W
movement has priority.
The City engaBed FAU to conduct a study along the 41st Street
:orridor for Adaptive Traffic Signal Control as part of the City's
ntellisent Transportation Svstem Proiect-
llst Street and Collins Avenue
Lack of coordination in signal timing between the
northbound left turn at 41st Street and Collins Avenue
and 41st Street and lndian Creek Drive.
Ihe City is working with the Traffic Monitoring and Management
conduct signal timing modifications. City staff is reviewing geometric
imorovements for the intersection
l3rd Street and Alton Road Congestion due to Mt. Sinai & Julia Tuttle Causeway.Monitor this intersection once the Alton Road construction concludes
and Julia Tuttle Traffic has normalized.
63rd and lndian Creek Drive
Bridge openings during the peak hour and poor
coordination in the downstream signals (lndian Creek
Drive between 63rd Street and 71st Street)
The City has sent a letter to the United States Coast Guard to limit
bridge openings to off-peak hours- The City is engaging a consultant t(
conduct a traffic signal optimization study along lndian Creek Drive
between 63rd Street and 71st Street.
Abbot and lndian Creek Drive High volumes observed. Lack of capacity.
The City is engaging a consultant to conduct a traffic signal
optiml2ation study along lndian Creek orive between 63rd Street and
71st Street; however, there is a capacity is cut in half in the
southbound direction when Abbott Avenue and Indian Creek merse.
71st and Collins Avenue Lack of capacity.TMP team is currently evaluating this intersection.
71st and lndian creek Drire lack of Capacity due to existing geometric conditions
The city worked with the county in 2014 to improve signal timing at
this intersection. Further analysis o{ the existing conditions will be
completed as part of the signal optimization study along tndian Creek
0rive between 63rd Street and 7lst Street.
Alton Road and Michigan Avenue lnsufficient capacity for the Southbound left turn FDOT will modify the intersection as part of an upcoming construction
proiect to add a second southbound left turn lane.
MacArthur Causeway and Terminal lsland
Significant demand trom Terminal lsland during the
afternoon peak causes significant stops along MacArthur
Causewav
TMP team is currently evaluating this intersection.
740
Commission Memorandum - Dlscussion Regarding An Update On The Transportation Master Plan
May 6, 2015
Page 3 of 3
CONCLUSION
The Administration will continue to provide periodic updates on the progress of the
Transportation Master Plan and other projects that will improve mobility at the critical
intersections identified. This item is presented to the City Commission for discussion and further
irput.
lh )ru"
K9IB/JRG/JFD
741
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742
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April 1 3, 2O15
MEMORANDUM
Commission Agendo ltem - Discussion ltem - Unlicensed Use of
Residentiql Units for Tronsient (Hotel) Use qnd Relqted Accessibility
lssues qt 22O 2lst Streel qnd City's Position Concerning Speciql
Mosler Cose No.: JC t 5OOO225
Pleose ploce on the April 1 5, 201 5 City Commission Agendo:
A discussion item to discuss the unlicensed use of residentiol units for tronsient hotel use
ond reloted occessibility issues ot 220 2lst Street, ond the City's position concerning
Speciol Moster Cose No.: lC 1 5000225.
For ot leost 5 months, the Building Deportment, Plonning Deportment, ond Code
Enforcement hove oll been owore thot opproximotely 20 residentiol units oI 22O 21st
Street ore being used for tronsient purposes without the required Certificote of
Occuponcy, Certificote of Use ond/or Business Tox Receipt. Notwithstonding the
foregoing, ond numerous building ond code violotions issued to eoch of the individuol
unit owners, the unlicensed tronsient use continues to the present doy. By woy of this
memorondum, I om requesting thot o representotive of eoch of the Building Deportment,
Plonning Deportment, Code Enforcement, ond Police Deportment be present for this item
to discuss the stotus of the violotions, occessibility requirements when chonging o
residentiol use to o tronsient use, ond the City's remedies to immediotely stop the
unlicensed octivity.
Further, occording to the public records of the City, on or obout November 7,2014,
Think Properties, LLC, wos issued o violotion for ollegedly operoting ond monoging the
unlicensed units for the individuol unit owners without o Certificote of Use ond/or
Business Tox Receipt (CEl500l 4561. On or oboutJonuory 29,2015, the Speciol Moster
ordered the violotor to obtoin the required Certificote of Use ond Business Tox Receipt by
April 1 ,2015, or o fine of $250 per doy would be imposed beginning April 1,2015
Re:
We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic c. Agenda ltgm R ?F:
Date {-6- l{743
(JC150002251. The violotor hos now filed o request to stop the fines from running, which
request is scheduled to be heord by the Speciol Moster on Moy 7,2015. lwould like to
direct the City Attorney to oppeor on beholf of the City on Moy 7 , 2015, ond request the
Speciol Moster to impose the moximum doily fine ollowoble by Florido low effective April
1,2015.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We are committed to providing excellent public sewice and safety to all who live, rvork, and play in our vibrant, tropical, historic community744
4 MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April 'l 4,2014
Re: Commission Agendo ltem - Discussion ltem - CDM
Pleose ploce on the April 1 5,2015 Commission Discussion Agendo:
The stotus of money owed by City of Miomi Beoch to CDM for work completed.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore commtfted fo provtding excellent public ser,rce ond sofefy to oll who iive, work, ond ploy tn our vibront, tropicol, historic community
MEMORANDUM
Agenda ltem RQ G
Date 5-6- lf745
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746
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April 28, 2014
Re: Commission Agendq ltem - Discussion ltem - FDLE
Pleose ploce on the Moy 6, 2015 Commission Discussion Agendo:
Discussion obout FDLE toking over investigotion of police shootings.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore commitled rc providing excellent pubiic service ond so{ely to oll who live, work, and ploy in our vibront, tropicol, hrstoric cammunity.
Asendaltem 8tH-
Date tl-2f- lf,747
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748
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April29, 2014
Re: Commission Agendo ltem - Discussion ltem
Pleose ploce on the Moy 6, 2O15 Commission Discussion Agendo:
A discussion regording UNIDAD ond the North Beoch Senior Center.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore committed to providing excellent public sewice ond sofefy to oll who live, work, ond ploy in our vibront, lropicol, historic conmunity.
Agenda ttem R4fDate_JU:l-=749
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750
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To:
From:
Dote:
Re:
Pleose ploce on the Moy 6, 2015 Commission Agendo:
Commissioner Wolfson would like to ploce o Motion to Reconsider the ottoched ordinonce
(ltem R5P) on the Moy 6'h ogendo. This item wos voted on ot the April 15,20'15
Commission meeting.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
MEMORANDUM
Jimmy Moroles,
Jonoh Wolfson,
April 29 , 2014
City Monoger
Commissioner
\Ne ore ccmmiiied tc providtng exceileni public sentce and safeiy'to oll vtho live, work, ond pioy in our vibront, tropicol, historic communiY.
Asendaltem R?J-
Date 5-6-( S751
COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance that establishes separate, reduced setback requirenrents tor
commercial buildings that do not contain any hotel or residential units within the MXE (Mixed Use
Entertainment) District.
lncrease satisfaction with neighborhood character. lncrease sat=sfaction with developrnent 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 deve is "about the rioht amount."
!t rn$qmmary/Recommendation :
FIRST READING
The subject Ordinance 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.
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 fon,rrard due to the lack of a second to a motion to appiove.
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 Commission agenda, for a new
First Reading.
The Administration recommends that the Cig 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 6.2015.
onSeptember23,2014,thePlanningBoard(voteof5-1),transmittedry
city commission with a favorable recommendation. (planning Board File No. 2211).
Source of
Funds:
Amount Account
I
2
3
OBPI Tota!
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Thomas Mooney
T:\AGENDA\201 S\April\MXE Setbacks - First Reading S UM.docx
AGEIIIOA ITEMMIAMIBEACH463DATE752
MIAMI BEACH
City of Miomi Beoch, '1700 Conveniion Center Drive, Miomi Beoch, Florido 33 I 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
F!RST READING
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,
CHAPTER 142, "ZONING DISTRIGTS AND REGULATIONS,"
ARTICLE ll, ,,DISTRICT REGULATIONS"" DIVISION 13, ,,MXE
MIXED USE ENTERTAINMENT DISTRICT," AT SECTION 142.
547, "SETBACK REQUIREMENTS," By AMENDTNG THE
SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCIAL
BUILDINGS THAT DO NOT CONTAIN ANY HOTEL OR
RESIDENTIAL UNITS; PROVIDING FOR COD|FtCATtoN;
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.
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, 2o1s
464753
Commission Memorandum
Ordinance Amendment - MXE Setback Regulations
April 15, 2015
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 1 5,2015 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.
,r6rffi^**],*,
T:\A€EfJ DAIzO 1 s\Apri lWxE Setbacks - First Read in g ME M. docx
465754
MXE Setbacks
ORDINANGE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMTSSION OF THE GITY OFMIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPTUENT
REGULATIONS (LDRs) OF THE CITY CODE, CHAPTER i42, ,,ZONING
DISTRICTS AND REGULATIONS," ARTICLE II,..DISTRICT
REGULATIONS'", DIVISION 13, *MXE MTXED USE ENTERTAINMENT
DISTRICT," AT SECTION 142-547, "SETBACK REQUIREMENTS," BY
AMENDING THE SETBACK REQUIREMENTS TO INCLUDE SEPARATE,
REDUCED SETBACK REQUIREMENTS FOR COMMERCTAL BUTLDINGS
THAT DO NOT CONTAIN ANY HOTEL OR RESIDENTIAL UNITS; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILIW, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach recognizes the unique character of the Ocean
Drive - collins Avenue MXE district and the ocean Tenace 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 !T ORDAINED BY THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
ryN-1 Chapter 142, "Zoning Districts And Regulations," Article ll, "District Regulations",
Division 13, 'MXE Mixed Use Entertainment District," section 142-547, 'setback requirements,"
is hereby amended as follows:**
Sec. 142-547. Setback requirements.
(a) The setback requirements for the MXE mixed use entertainment district are as follows:
(1) Front.
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.
466755
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_lha[conlain_[qle! q
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. Notwithstandino the foreooino. for a buildino containino exclusivelv retail uses. not
exceedinq two (2) stories in height. with a lot line on Collins Avenue. the minimum
oedestal setback shall be five (5) feet.
(2) Side, interior.
a. Oceanfronl 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 sfreef.
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 oreservation board.
consistent with the certificate of aoprooriateness criteria. contained in chaoter 118.
article X, for a buildinq containinq exclusively retail uses, not exceedinq two (2) stories
in heiqht. with a lot line on Collins Avenue:
i. A ten-footdeep porch running substantially the full side length of the building,
with a minimum floor-to-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 p) 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
467756
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
acceptable to the city attornev. committinq the propertv to such use, shall be recorded prior to the
issuance of any buildino permit for such retail use.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be
and the same are hereby repealed.
sEcTtoN3. coDtFtcATtoN
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section" or other appropriate word.
SECTION 4. SEVERABILIW
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. 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
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\201SBpril\tvlXE Setbacks - First Reading ORD [3-16-1S].docx
AND FOR EXECUTION
468757
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MickySteinberg,Commissioner
DATE: April27,2015
SUBJECT: Discussion item
Please place on the May 6, 2015 city commission meeting agenda a discussion on how
to improve our parks summer camp registration process for our residents.
lf you have any questions please do not hesitate to call our office.
Tathiane Trofino
On behalf of Commissioner Micky Steinberg
OFFICE OF MAYORAND COMMISSION
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-71 03 I Fax: 305-673-7096 / www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play
in our vibrant, tropical, historic
community.
Agenda ltem R?l( -Date <-b'l{759
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g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO: Jimmy Morales, City Manager
FROM: MichaelGrieco,Commissioner
DATE: April 29, 2015
SUBJECT: Discussion item for citywide challenge for great ideas
Please place on the May 6th City Commission Meeting Agenda a discussion item for a
citywide challenge for great ideas.
lf you have any questions please do not hesitate to contact Danila Bonini at extension 6457.
MG/db
We ore committed lo prcviding excellent public service ond sofey to oll who live, work, ond ploy rn our vtbront, lropicol, 'an"nda ltgm 3g_l-_
Date {+1{761
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. 2i' :,
,
;d?' .*r i, -: '.'.-- ; .
OFFICE OF THE MAYOR AND COMMISSION
Members of the City Commissi
City Manager Jimmy Moralg
MEMORANDUM
To:
From:
Date:
Subject:
Mayor Philip Levine
May 6, 2015
'5i on ocean DriveMayor's Blue Ribbo " P1f,
Please place the following items for discussion on the May 6,2015 City Commission meeting
agenda, to be heard in conjunction with my proposed Ordinances terminating the sale and
consumption of alcoholic beverages at sidewalk cafes at 2.00 a.m.:
1. Pursuant to my authority under Section 2-23(b) of the City Code, I intend to establish a
Mayor's Blue Ribbon Panel on Ocean Drive; and
2. I am also requesting that the City Commission defer establishing a special assessment
district (i.e., business improvement district) for Ocean Drive, as set forth in Resolution
No.2014-28881 (attached), pending the findings and report or recommendation(s) of the
Mayor's Blue Ribbon Panel on Ocean Drive to the City Commission.
Agenda ltem P,QM
Date 5-6-tf763
RESOLUTION NO. 2OL4-28881
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORTZING THE CITY MANAGER AND CITY
ATTORNEY'S OFFICES TO WORK WITH THE LINCOLN ROAD PROPERW
OWNERS ASSOCIATION, !NC., AND THE OCEAN DRIVE IMPROVEMENT
ASSOCIATION, INC., FOR THE PURPOSE OF ESTABLISHING SPECIAL
ASSESSII'IENT DISTRTCTS TO STABILIZE AND IMPROVE THE LINCOLN
ROAD AND OCEAN DRIVE RETAIL BUSTNESS DTSTRICTS, WHICH ARE
LOCATED WITHIN NATIONALLY RECOGNIZED HISTORIC DISTRICTS,
THROUGH PROMOTTON, MANAGEMENT, MARKETING, AND OTHER
SIMILAR SERVICES, PURSUANT TO CHAPTER 170, FLORTDA STATUTES.
WHEREAS, the Lincoln Road Property Owners Association, lnc., represents a group of
owners of real estate in the vicinity of, abutting, or located on Lincoln Road; and the ocean
Drive lmprovement Association, lnc., represents a group of owners of real estate in the vicinity
of, abutting, or located on Ocean Drive; and
WHEREAS, Chapter 170, Florida Statutes, authorizes any municipality, subject to the
approval of a majority of the affected property owners, to levy and cotlect special assessments
against property benefited for the purpose of stabilizing and improving retail business districts,
wholesale business districts, or nationally recognized historic districts, or any combination of
such districts, through promotion, management, marketing, and other similar seryices, in such
districts of the municipality; and
WHEREAS, the Lincoln Road Property Owners Association, tnc., seeks to work with the
City of Miami Beach to establish a comprehensive plan for the creation of a special assessment
district under Chapter 170, Florida Statutes, in order to stabilize and improve the Lincoln Road
area, a retail business district within a nationally recognized historic district, through promotion,
management, marketing, and other similar services; and
WHEREAS, the Ocean Drive lmprovement Association, lnc., seeks to work with the City
of Miami Beach to establish a comprehensive plan for the creation of a special assessment
district under Chapter '170, Florida Statutes, in order to stabilize and improve the Ocean Drive
area, a retail business district within a nationally recognized historic district, through promotion,
management, marketing, and other similar services.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND GITY COMMTSSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Manager and City Attorney's Offices
are hereby authorized to work with the Lincoln Road Property Owners Association, lni., and the
Ocean Drive lmprovement Association, lnc., for the purpose of establishing special assessment
districts to stabilize and improve the Lincoln Road and Ocean Drive retail business districts,
764
which are located within nationally recognized historic districts, through promotion,
management, marketing, and other similar services, pursuant to Chapter 170, Florida Statutes.
pAssED and ADOpTED this i 7 arv ot Dece nt fu rroro.
APPROVED ASTO
FORM & I-ANGUAGE
t-rti- \6
4
-
cltvAllornev Dote
t0K
765
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MEMORANDUM
Jimmy Moroles,
Jonoh Wolfson,
April 30, 2O15
City Monoger
Commissioner
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To:
From:
Dote:
Re:
A discussion item concerning beoch erosion ond beoch re-nourishment olong the City's
beoches, porticulorly between 2l st ond 29th Streets.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore commifted to providing excellent pubiic servtce ond saiely to oll who live, work, ond ploy in otr vibrort, lropical, hisloric communiiy.
Agenda ltem RQ N
p21s f- 6,-/5.
nourishmenf
Pleose ploce on the Moy 6, 2015 City Commission Agendo:
767
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768
g MIAMIBEACH
OFFICE OF THE MAYOR AND COMMISSION
To: Jimmy Moroles, City Monoger
From: Jonoh Wolfson, Commissioner
Dote: April 30, 2O14
MEMORANDUM
Re:
Pleose ploce on the Moy 6, 2O15 Commission Discussion Agendo:
Discussion regording the term sheet ond resolution for the purchose ond sole ogreement for
226 B7'h Terroce.
Pleose feel free to contoct my Aide, Brett Cummins ot x6437, if you hove ony questions.
JW
We ore commilted lo providing excellent public servtce ond sofely lo oll who live work ond ploy in our vibronf , lroptcol. hisloric Agenda ltem R e O
oate F6-l(769
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI
BEACH, APPROVING THE TERM SHEET ATTAGHED AND INCORPORATED AS
EXHIBIT "A" TO THIS RESOLUTION, AND AUTHORIZING THE GITY ATTORNEY'S
OFFICE TO NEGOTIATE A PURCHASE AND SALE AGREEMENT (PSA) BETWEEN
THE CIT,Y AND 8701 COLLTNS DEVELOPMENT, LLC ("8701") FOR THE SALE OF
THE CITY PROPERTY LOCATED AT 226 87 STREET TO 8701 (CtTy PARCEL),
AND TO DEVELOP BOTH THE CrTY PARCEL AND 7925 COLLTNS AVENUE (THE
"8701 PARCEL") UNDER A UNIFIED DEVELOPMENT PROJECT (THE
"PROJECT"); WHICH PSA WILL INCLUDE THE DESlcN, DEVELOPMENT AND
CONSTRUCTION OF THE PROJEGT, AT 8701'S SOLE COST AND EXPENSE, A
MAIN USE PARKTNG GARAGE, WHTCH SHALL TNCLUDE (t) COMMERCTAL USES
SUCH AS SPA, RESTAURANTS, AND SIMILAR USES; (II) ONE OR MORE LEVELS
OF PARKING GARAGE DIRECTLY ABOVE THE FIRST FLOOR, INCLUDING
MECHANICAL PARKING ELEMENTS WITH VALET SERVICE; (EXCEPT FOR THE
GITY UNIT); (lll) APPROXIMATELY 12,000 SQUARE FEET OF RETAIL ON THE
FIRST FLOOR; AND (!V) A CITY MUNICIPAL PARKING CONDOMINIUM UNIT (THE
"clTY uNtT") oF 75 PARKTNG SPACES WHTCH MAy BE LOCATED tN THE
BASEMENT; AND PURSUANT TO SECTION 82-37 OF THE CITY CODE,
DIRECTING THE CITY MANAGER TO TRANSMIT THE TERM SHEET AND DRAFT
PSA TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE FOR REVIEW
PRIOR TO CITY COMMISSION FINAL APPROVAL OF THE PSA; AND THE TERM
SHEET AND DRAFT PSA SHALL ALSO BE REVIEWED BY THE PLANNING
BOARD AS REQUTRED By SEGTION 1.03(BX4) OF THE CtTy CHARTER.
WHEREAS,8701 Collins Development, LLC ('8701') is owner of that certain parcel
of land located at 7925 Collins Avenue, Miami Beach, Florida (Folio # 02-3202-006-0420),
which is approximately 15,312 sq. ft. in size (8701 Parcel); and
WHEREAS, the City of Miami Beach (City) is the owner of that certain
parcel of land located at 226 87th Terrace, Miami Beach, Florida (Folio #02-3202-006-0430),
which is approximately 15,313 Sq. Ft. in size (City Parcel); and
WHEREAS, the City's Parcel is north of and adjacent to 8701's Parcel; and together, the
Parcels, are herein referred to collectively as the "Property;" and
WHEREAS, the two adjoining parcels are proposed to be developed as a unified
development site; and
WHEREAS, the City and 8701 have negotiated a Term Sheet, attached and
incorporated as Exhibit "A" hereto, setting forth material business terms, for 8701 to develop
and construct a main use parking garage on the Property, hereinafter to be called the "Project",
which shall include (i) commercial uses such as spa, restaurants, and similar uses; (ii) one or
more levels of parking garage directly above the first floor, including mechanical parking
770
elements with valet service; (except for the City Unit); (iii) approximately 12,000 square feet of
retail on the first floor; and (iv) a City municipal parking condominium unit (the "City Unit") which
may be located in the basement. The Project will be subject to a declaration of condominium
delineating the City Unit from the rest of the Project; and
WHEREAS, the final cost for developing the City's Unit ("Final Cost"), shall be compared
to the appraised value of the City's Parcel, adjusted for inflation. ln the event that the Final Cost
exceeds the appraised value of the City's Parcel, 8701 shall be solely responsible for any and all
overages. ln the event that the Final Cost for the City Unit is less than the appraised value of
City's Parcel, then 8701 shall promptly pay the City the difference. ln no event, however, shall
the City be responsible for any additional payment to 8701 for the design, development and
construction of the City Unit; and
WHEREAS, the parties have agreed to the attached Term Sheet, which document is
attached hereto as Exhibit "A", and is incorporated by reference herein; and
WHEREAS, the Mayor and City Commission hereby approve the attached Term Sheet,
and authorize the City Attorney's Office to negotiate a Purchase and Sale Agreement with 8701
based on such terms; with such Purchase and Sale Agreement to be subject to final
consideration and approval by the City Commission at a future date; and
WHEREAS, pursuant to Section 82-37 , of the City Code, the City Manager is directed to
place the Term Sheet and draft PSA, once negotiated on the Finance and Citywide Projects
Committee Agenda for review, which review shall occur prior to the City Commission's final
approval of the PSA; and
WHEREAS, the Term Sheet and draft PSA shall also be reviewed by the Planning
Board as required by section 1.03(bX4) of the City Charter prior to the City Commission's final
approval of the PSA.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, to approve the Term Sheet
attached and incorporated as Exhibit "A" to this Resolution, and to authorize the City Attorney's
Office to negotiate a Purchase and Sale Agreement (PSA) between the City and 8701 Collins
Development, LLC ("8701") for the sale of the City property located at 226 87 Street to 8701
(City Parcel), and to develop both the City Parcel and 7925 Collins Avenue (the "8701 Parcel")
under a unified development project (the "Project"); which PSA will include the design,
development and construction of the Project, at 8701's sole cost and expense, a main use
parking garage, which shall include (i) commercial uses such as spa, restaurants, and similar
uses; (ii) one or more levels of parking garage directly above the first floor, including mechanical
parking elements with valet service; (except forthe City Unit); (iii) approximately 12,000 square
feet of retail on the first floor; and (iv) a City municipal parking condominium unit (the "City Unit")
of 75 parking spaces which may be located in the basement; and pursuant to Section 82-37, of
the City Code, directing the City Manager to place the Term Sheet and draft PSA on the
Finance and Citywide Projects Committee for review prior to City Commission final approval of
the PSA; and the Term Sheet and draft PSA shall also be reviewed by the Planning Board as
771
required by section 1.03(bX4) of the City Charter.
PASSED and ADOPTED this day of May, 2015.
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
F :\ATTO\BO U E\RESOS\PSA REsol ution 4-30-20 1 5 [fi nal]. docx
APPROVED AS TO
F@M & TANGUAGE
772
2.
Purchase and Sale Asreement - 226 87th Terrace Term Sheet
1. Parties.
The City of Miami Beach (the "City") and 8701 Collins Development, LLC ("8701") intend
to enter into a purchase and sale agreement ("PSA") for 8701 's purchase of Parcel
D (as hereinafter defined) from the City, and for the development of the
Property (as hereinafter defined).
Property.
a. 8701 is owner of that certain parcel of land located at 7925 Collins Avenue, Miami
Beach, Florida (Folio # 02-3202-006-0420), which is approximately 15,312 sq. ft. in size
("Parcel C").
b. City is owner of that certain parcel of land located at 226 87ft Terrace, Miami
Beach, Florida (Folio # 02-3202-006-0430), which is approximately 15,313 Sq. Ft. in
size ('oParcel D").
c. Parcel D is north of and adjacent to Parcel C.
d. Parcel C and Parcel Dare herein referred to collectively as the "Property."
Project.
The Property shall be developed and constructed as a main use parking garage, to include
(i) commercial uses such as spa, restaurants, and similar uses; (ii) one or more levels of
parking garage directly above the first floor, including mechanical parking elements with
valet service; (except for the City Unit, as hereinafter defined); (iii) approximately 12,000
square feet of retail on the first floor; and (iv) a City Municipal Parking Condominium
Unit (the "City Unit," as further described in subsection 4(b) hereof which may be
located in the basement. Collectively, the uses in (i) - (iv) shall be hereinafter refened to
as the "Project". The Project may not provide active "liner" uses on all four (4) street
frontages, as is ordinarily required of main use garages.
The Project will be subject to a Declaration of Condominium delineating the City Unit
from the rest of the Project. 8701 shall be responsible for all costs and fees (including,
without limitation, attorney's fees) related to the preparation of the condominium
documents for the City Unit. No later than 90 days after issuance of a temporary
certificate of occupancy (TCO) or certificate of occupancy (CO) for the Project,
J.
b.
773
4.
(whichever occurs first), 8701 will deliver the City Unit, which at a minimum; (i) shall
be a separately delineated space from the rest of the garage; (ii) may contain a separate
entrance and exit from the rest of the garage; and (iii) shall contain 75 parking spaces for
the exclusive use, ownership and control of the City. At this time, the City Unit shall
have a separate entrance and exit, and may be located in the basement of the Project,
below grade.
Key Terms & Provisions.
a. City will convey fee simple interest in Parcel D to 8701 upon Closing, as defined herein.
b. 8701 will pay all Closing costs (including, without limitation, the Crty's outside counsel
fees for the transaction).
c. The Closing will occur within ninety (90) days following satisfaction of the following
conditions: (i) the issuance of all necessary final, non-appealable development
approvals for the Project; (ii) the City Commission's adoption of the legislative
amendments set forth in subparagraph 4(k) hereof; (iii) the City's review and approval of
the design and construction plans and specifications for the City Unit and; (iv) the City's
review and approval of the estimated total cost (i.e. hard and soft costs) of the City Unit,
based on the City approved design and construction plans and specifications; provided,
however, that the Closing shall occur no later than one (1) year following execution of
the PSA (unless extended by mutual written approval agreement of the parties).
d. 8701 will be responsible for the design, permiuing and construction of the Project. 8701
will design and construct all improvements on the Property; provided, however, that the
City shall have review over, and final approval of, the design and construction plans and
specifications for the City Unit, to ensure that such Unit is designed to meet the City's
needs and standards.
e. The PSA will describe the City Unit in narrative text and will incorporate, as exhibits to
the Agreement, conceptual sketches showing the location and dimensions of the City
Unit, all of which shall be subject to the City's prior review and approval pursuant to
subsection 4(d) hereof. After the Project receives design review approval, and the City
has reviewed and approved the design and construction plans and specifications for the
City Unit, and further, as a condition to issuance of a Full Building Permit for the Project,
8701 will provide the City with a legal description showing the exact location and
dimensions of the City Unit.
f. Prior to Closing, 8701 shall deliver, for the City's review and approval, an estimated
budget for the total cost (i.e. hard and soft costs) of the City Unit, which budget shall be
based upon the City-approved design and construction plans and specifications for the
City Unit. At its sole option and discretion, the City may retain a consultant (i.e. such as
a professional cost estimator) to verify 8701's total estimated cost, with the cost of the
774
ob'
consultant to be paid for by 8701.
Upon issuance of a TCO or CO for the Project, (whichever comes first), there will be an
accounting of the final costs for the City Unit. Such final costs shall include, without
limitation, the cost of design, site preparation, environmental assessment and (if
necessary), environmental remediation, construction materials, labor, and any and all
other costs incurred by 8701, as required herein, to design and construct the City Unit in
accordance with the City-approved design and construction plans and specifications (the
Final Cost).
Final completion of the Project will occur within three (3) years following the issuance
of a Full Building Permit.
The Final Cost, shall be compared to the appraised value of Parcel D of $[NOTE:
APPRAISAL BEING UPDATEDI (adjusted for inflation). In the event that the Final
Cost exceeds the appraised value of Parcel D (adjusted for inflation), 8701 shall be solely
responsible for any and all overages. In the event that the Final Cost for the City Unit is
less than the appraised value of Parcel D (adjusted for inflation), then 8701 shall promptly
pay the City the difference. In no event, however, shall the City be responsible for any
additional payment to 8701 for the design, development and construction of the City Unit.
8701 and the City will work cooperatively to seek approval of the design
and development of the Project. 8701 will be responsible for submiuing any required
applications for development approvals, with City as co-applicant, if and as necessary,
for the Project (i.e., Design Review Board, City Commission, Planning Board, and/or
Board of Adjustment approvals), and for securing any and all final, non-appealable
development approvals and permits for the Project.
The parties acknowledge and agree that, as a condition to Closing, the City Commission,
acting in its regulatory capacity, shall, at its discretion, consider certain legislation to
accommodate 8701's proposed development plan and design for the Project. Such
legislation include amendments to the City Code to allow certain modifications to
regulations pertaining to main use garage, as follows:
Establishing new category of main use parking garages, which may not have
liner uses on all street frontages, within 250 feet of NSOSP.
Maximum residential or commercial use shall not exceed 35% of total floor
area of the structure.
At all points, parking must be at least 50% of the building, not counting
parking required for the retail/residential.
All retail/restaurant uses on ground floor have no parking requirements.
Maximum height of 75 feet.
Front and side street setbacks ofO feet.
Signs for commercial uses in main use parking garages providing at least 75
h.
j.
k.
a
a
a
o
775
public parking spaces apply the CD-2 standards.
o Permitting City identification sign, (see 5(a) hereof).
The City Commission shall have no obligation to adopt any (or all) of the aforestated
Code amendments; provided, however, that if the aforestated City amendments are not
enacted, then 8701 may, at its discretion, elect to terminate the PSA, without liability to
8701. In the event of such termination, however, 8701 shall be responsible for any
attorney's fees incurred by the City with respect to the Project transaction, up to the date
of termination.
Except as to involuntary transfers (as shall be defined in the PSA and which will
include, without limitation, foreclosure transfers and transfers in lieu of foreclosure),
8701 shall not be entitled to assign or transfer its rights under the PSA until after the
issuance of a Certificate of Occupancy (CO) for the Project. Any such transferee shall
assume all remaining obligations of 8701 under the PSA.
Purchase Price and Other Costs.
In addition to 8701's obligation to fund all the hard and soft costs for design,
development, and construction of the City Unit, 8701 shall also install, at its sole cost and
expense, a "Welcome to Miami Beach" sign at the northwest corner of the Project, the
design of which shall be reviewed and approved by the City. The sign will be part of the
City Unit and the City will be responsible for power, maintenance, repair and replacement
for the sign.
Upon approval and execution of the PSA, 8701 shall give a one time non-refundable
contribution to the City, in the amount of $250,000, to be used by the City to establish a
capital maintenance and replacement fund for the North Beach Senior Center.
Outside Counsel Review.
8701 agrees to reimburse the City for any attorney's fees incurred by the City for outside
counsel's review and negotiation of the PSA, and related agreements, which counsel shall
be selected and approved by the City Attomey.
l.
5.
a.
b.
6.
,gfifirguRgfiIg,
f-4 -to- tj
F:\ATTO\BOUE\Dezerland\Term Sheet for 226 87th Terrace PSA 4-30-2015 final.docx
& FOR
!-E
Dont
776
R1 0
CITY ATTORNEY REPORTS
777
MIAMI BEACH
City of Miomi Beqch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of the City Commission
;,- H',;i::
c tv Attorne'Nvl
SUBJECT: City Attorney's Status Report
LAWSUITS FILED BY OR AGAINST THE CITY OF MIAMI BEACH SINCE THE LAST
REPORT
1) Lee (Lee) Amato. Donald Lewis Bouchard. Daniel Lubinskv v. Gitv of
Miami Beach Miami Dade Gountv Florida: Citv Manaqer Jorqe Gonzalez.
individuallv and in his official capacitv: Ramiro Inquanzo. individuallv
and in his official capacitv as Director of Human Resources and Citv of
Miami Beach lnternational Association of Fire Fiqhters. Local 1510 : and
the IAFF, Local 1510 Members of the Collective Barqaininq Neqotiation
Team for the 2008-2012 CBA individuallv and in their official capacities
2008-2012: and the IAFF Local 1510 President. Vice President. Treasurer
and Secretarv individuallv and in their official capacities 2006-2012: and
David Santiesteban. Ph.D. individuallv and as a consultant to the Gitv of
Miami Beach. Florida Case No. 2015-004806-CA-01(Circuit Court - 11
Judicial Circuit in and for Miami-Dade County, Florida)
Three former firefighters are suing the City in State court for alleged violations
dealing with collective bargaining agreements in the past.
The City will be vigorously defending against what we believe is a frivolous
lawsuit. The Plaintiff has already filed an amended complaint and for which
we will be filing a Motion to Dismiss.
Case No.2)
15-7049 CA 06 (Circuit Court -
County, Florida)
1 1"' Judicial and for Miami-Dade
Agenda ltem R IOA
Date S-6-t (
This is an action to foreclose a mortgage on real property located 4564 SW
127 Place, Miami, Florida. The Summons and Complaint were served on the
City on April 7, 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 April 13,2015.
778
City Attorney's Report
May 6,2015
Page 2
RA\DP\SR\EB\
F'\ATTO\AAOFF\AAOF F\F I L E.#S\20 1 s\Status Report CAO 0506 1 S.docx
3)Bermello Aiamil and Partners. lnc. vs The Gitv of Miami Beach. et al..
Miami-
Dade County, Florida)
This is an action for damages in connection with a claim for breach of contract,
unjust enrichment, open account and account stated for failure to pay for
additional work performed in relation to the milling and resurfacing of lndian
Creek Drive between 26th and 41th Street in Miami Beach, Florida. The
Plaintiffs allege damages in excess of $100,000. The Summons and
Complaint were served on the City on April 1 4,2015.
The City's Answer and Affirmative Defense will be timely filed.
Tamara Jackson, individuallv and as parent and natural guardian Of
Daniel Jackson, a minor child and Dante Jackson a minor child v.
Vincent J. Tuzeo and Citv of Miami Beach Case No. 15-006105 CA08
r Broward County, State of
Florida)
The City was served with this complaint on April 16, 2015, alleging that on
March 10, 2014, the Plaintiffs', Tamara Jackson (Mom and driver), Daniel
Jackson (born 2004 passenger) and Dante Jackson (born 2002
passenger) were at the intersection of Miramar Parkway and SW 136th Street
when a vehicle being operated by Vincent J. Tuzeo, a City of Miami Beach
Police Officer driving a City of Miami Beach Police Crown Victoria side swiped
the rear side of a Town and Country driven by Tamara Jackson resulting in
injury to the three plaintiffs. The accident occurred at approximately 6:45 a.m.
while Vincent J. Tuzeo was driving on his way in to work. Considering that
Officer Tuzeo was not driving under the course and scope of his employment
at the time of the crash, we shall file our answer to the complaint and
eventually file a motion for summary judgment pursuant to Garcia v. City of
Hollywood, which stands for the proposition that the City is not liable for the
crash when an officer is not driving under the course and scope of his
employment and further that the dangerous instrumentality doctrine does not
apply to municipal vehicles.
4)
779
REPORTS
AND
INFORMATIONAL ITEMS
780
1. Reports and lnformational ltems
(see LTC 178-2015)
Agenda ltem /
eals S-b-tT781
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LETTER TO COMMISSION
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
Date: May 6, 2015
Subject: List of Projects Covered by the Cone
ln an effort to disseminate information to
175-2015
City Com
Silence Ordinance
officials and City staff relative to projects that
To:
From:
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 9t18t2014
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 12t19t2014 Resort Taxes Audit Services lnternalAudits
2015-081-tTN-LR 01t27t2015 I nvestment Advisory Services Finance
2015-060-tTN-LR 01t27t2015
Lease of City Owned Buildings and Rooftops for
the Placement of Telecommunications
Eouioment
Tourism, Culture
and Economic
Develooment
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 Deoartment
Building
2015-090-RFQ-JR 0212112015 Facilities Maintenance Services Property
Management
2015-095-RFP-MT 02t13t2015 Elevator lnspections and Plans Review Building
2015-103-RFP-ME 0112912015
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
2015-129-RFP-ME 02t27t2015 CM at Risk for the Miami Beach Convention
Center City Manager
Agenda ltem i
oate S-64{783
P;ir t-'12
2015-126-RFP-
LR 0311212015 Telecommunications Aud it Services IT
2015-112-RFP-
WG 0311212015
To Provide Wellness Services to the
City of Miami Beach for its Active
Emoloyees and their Dependents
Human Resources
2015-127-RFQ-
JR 03t20t2015
Architect and Engineering Services for
the Middle Beach Recreational
Corridor
Environmental
Sustainability
2015-11s-RFQ-
JR 03t20t2015
Program Manager for the lntelligent
Transportation System and Parking
Manaqement Svstems
Transportation
2015-093-rTB-MC 0312512015 Moving Services Citywide
2015-046-tTB-MC 0312512015 Replace Driving Range Netting at the
Miami Beach Golf Club Parks and Recreation
2015-163-RFP-
LR 0411712015 City Website Design, Development
and lmolementation IT
2015-146-RFP-
YG 0412112015 Parking Attendants for City Parking
Garaoes Parking
2015-135-RFP-
WG 0412112015 Parking Meter Collection Services Parking
2015-117-tTB-MT 05t04t2015
(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-tTB-MT 05t08t2015
(Tentative)
I nspection, Testing, Certification
Repairs & Maintenance for Fire Alarm
Svstems
Property
Management
2015-119-tTB-MT 05t08t2015
(Tentative)
lnspection, Testing, Certification
Repairs & Maintenance for Fire
Extinquishers
Property
Management
2015-182-tTB-JR 0511412015
(Tentative)
City Hall HVAC Mechanical System
and VFO Replacement
Property
Manaqement
2015-144-RFQ-
YG
0510812015
(Tentative)
Public lnformation Outreach Services
on Right of Way Facilities
Construction Proiects
CIP/Public Works
2015-133-RFP-
YG 05t04t2015
Design/Build Services for
Neighborhood No. 8: Central Bayshore
South Rioht-of-Wav lnfrastructure
ctP
2015-160-RFQ-
YG
0510812015
(Tentative)
Constructability, Cost and Valve
Enqineerinq Review Services CIP/Public Works
2015-013-RFP-
YG
0510812015
(Tentative)Security Officer Services Emergency
Manaoement
2015-162-RFP-
WG
05t08t2015
(Tentative)
lnstallation and Operation of Citywide
Automated Teller Machines (ATM) at
Various City-Owned Properties and
Facilities
Citywide
2015-176-RFP-
JR
0510812015
(Tentative)Elevator lnspection and Plans Review Building784
ll"' l, :r ., I 3
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.
,rm
T :\AG E N DA\20 1 5W ay\Procu re me nt\M ay Cone LTC
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Mayor Philip Levine and
Jimmy L. Morales, City Ma
May6,2015
REPORT FROM GOMMI
HEARD WTTHTN (6) SrX
of the City mission
COMMITTEES OF WITHDRAWN ITEMS NOT
FROM REFERRAL DATE.
MIAMIBEACH
City of Miomi Beoch, lZ00 Convention Center Drive. Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
CO SSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
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 May 2015:
Neiq hborhood/Commun itv Affairs Committee
There are no items to be automatically withdrawn at this time.
Finance & Citvwide Proiects Committee
There are no items to be automatically withdrawn at this time.
Sustai nabilitv & 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:\AGENDA\201S\May\Committee ltems Removed after 6 months.docx
Agenda ltem 3ort"''-K787
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