20151014 SM2MIAMIBEACH
Gity Gommission Meeting
SUPPLEMENTAL MATERIAL 2
Gity Hall, Gommission Ghambers, 3rd Floor, 1700 Convention Center Drive
October 14,2015
Mayor Philip Levine
Vice-Mayor Edward L. Tobin
Commissioner Michael Grieco
Commissioner Joy Malakoff
Com m issioner Micky Steinberg
Commissioner Deede Weithorn
Com m issioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City 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 Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
G2 - Competitive Bid Reports
CzD Request ForApprovalTo lssue A Request For Proposals (RFP) No. 2016-009-ME To Seek
Proposals From Parties lnterested ln Partnering With The City Of Miami Beach, Florida, To
Develop Public Parking Garages Within The City.
( ProcuremenVParking/Tou rism, Cu ltu re & Development)
(Memorandum)
1
R5E
Supplemental Agenda, October 14, 2015
R5 - Ordinances
R5L
An Ordinance Amending Chapter 106 Of The Miami Beach City Code, Entitled "TrafficAnd Vehicles,"
By Amending Article ll, Entitled "Metered Parking," By Amending Division 1 , Entitled "Generally," By
Amending Section 106-47, Entitled "Freight, Commercial, And Passenger Curb Loading Zones;
Hours, Deliveries"; By Deleting Subsection (c), (d) And (e); By Amending Subsection (b) To Require
Property Owners And Businesses To Confirm Compliance With Subsection (g) For Commercial Motor
Vehicles Deliveries And Services; By Prohibiting Deliveries Or Services For Commercial Motor
Vehicles That Fail To Comply With Subsections (f) Through (n); By Creating A New Subsection (d)
And (e), Which Limits The Authority Of The Special Master; By Amending The Enforcement And
Penalty Provisions For Violations Of Subsection (b); Providing For Codification, Repealer,
Severability, And An Effective Date. 10:20 a.m. Second Readinq Public Hearinq
(Sponsored by Commissioner Michael Grieco)
(Legislative Tracking: Office of the City Attorney)
(First Reading on September 2,2015 - RsO)
(Ordinance)
Consolidation And Standardizing Of Notification Procedures Ordinance And Rehearing And Appeal
Procedures Ordinance1. An Ordinance Creating Section 118-8 Entitled "Notice Procedures" At Chapter 118,
"Administration And Review Procedures," ln Order To Consolidate And Standardize The
Notice Provisions From The Various Subsections Of The Land Development Code ln One
Section; Amending And/Or Striking The Various Notice Provisions From Article ll "Boards,"
Division 5 "Board Of Adjustment" At Section 118-134; Article lV "Conditional Use Procedure"
At Section 118-193; Article Vl "Design Review Procedures" At Section 118-254; Article X
"Historic Preservation" Division 3 "lssuance Of Certificate Of Appropriateness/Certificate To
Dig/Certificate Of Appropriateness For Demolition" At Section 1 18-563; And Division 4
"Designation" At Section 1 18-591 ; Providing For Repealer; Severability; Codification; And An
Effective Date. First Readinq
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking : Planning)
2. An Ordinance Consolidating And Standardizing The Rehearing And Appeal Procedures,
lncluding Administrative Appeals And Quasi-JudicialApplications Before Historic Preservation
Board, Board Of Adjustment, Planning Board, And Design Review Board, By Amending The
Following Sections: Chapter 1 18, "Administration And Review Procedures," At Section 1 18-9,
Entitled "Appeal And Rehearing Procedures"; And Amending Article ll "Boards" Division 3
"Design Review Board" At Section 118-71; Division 5 "Board Of Adjustment" At Sections 1 18-
134, 118-136, 118-137 ,1 18-138; Article lV "Conditional Use Procedure" At Sections 1 18-193,
And 1 18-197; Article Vl "Design Review Procedures" At Sections 1 18-258, 118-260,118-261,
118-262, 118-263; Article Vlll "Procedures For Variances And Administrative Appeals" At
Sections 118-352 And 1 18-358; Article lX "Nonconformances" At Sections 1 18-395 And 1 18-
397; Article X "Historic Preservation"; Division 2 "Historic Preservation Board Review Of
Projects" At Sections 118-532, 1 18-536, And 1 18-537; Division 3 "lssuance Of Certificate Of
Appropriateness/Certificate To Dig/Certificate Of Appropriateness For Demolition" At Sections
118-563, 118-564, 118-565; Division 5 "Single-FamilyAd Valorem Tax Exemption"AtSection
1 18-609; Chapter 142, "Zoning Districts And Regulations" At Article ll "District Regulations,"
Division 2 "RS-1,RS-2, RS-3, RS-4 Single Family Residential Districts At Section 142-108|n
Order To Remove Any Conflicts With Newly Created Section 1 18-9; Providing For Repealer;
Severability; Codification;And An Effective Date. First Readins
(Sponsored by Commissioner Deede Weithorn)
(Legislative Tracking: Planning)
(Memorandum & Ordinances)
2
Supplemental Agenda, October 1 4, 2015
RsO An Ordinance Amending Miami Beach City Code Chapter 2, Article Vll, Division 5 Entitled "Campaign
Finance Reform," By Adding Thereto Section 2-491 Entitled "Disclosure Of Solicitation," Requiring
Any Candidate Or Campaign Committee Of A Candidate For The Offices Of Mayor Or Commissioner
Or Member Of The City Commission Who, On Behalf Of A Political Committee Which Supports Or
Opposes Candidates For Elected City Office, Solicits Campaign Contributions For City Elected Office
From A Vendor, Lobbyist On A Procurement lssue, Real Estate Developer And/Or Lobbyist On A
Real Estate Development lssue, To Disclose The Date Of Solicitation As Well As Name And
Contribution Amounts Of Any lndividual Who Was Solicited, Disclosure To Be Filed ln City Clerk's
Office. First Readinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Ordinance)
RsP An Ordinance Amending Miami Beach City Code Chapter 2, Article Vll, Division 5 Entitled "Campaign
Finance Reform," By Adding Thereto Section 2-491 Entitled "Prohibited Lobbying By Campaign
Consultants," Prohibiting Campaign Consultants And Certain Affiliated Persons Or Entities From
Lobbying City Commission For 12 Months Subsequent To Swearing In Of Subject Elected Official(s),
Establishing Definitions, And Limited Exemption; Providing For Repealer, Severability, Codification,
And An Effective Date. First Readinq
(Sponsored By Commissioner Deede Weithorn)
(Legislative Tracking: Office of the City Attorney)
(Memorandum & Ordinance)
R7 - Resolutions
R7L A Resolution Accepting The Recommendation Of The City Manager Pertaining To The Ranking Of
Firms, Pursuant To Request For Qualifications (RFO) No. 2015-213-KB For The Preparation Of
Environmental Analysis For Miami Beach Transit Projects lncluding The Beach Corridor Transit
Connection Project And Related Services, Authorizing The Administration To Enter lnto Negotiations
With Kimley-Horn And Associates, lnc., As The Top Ranked Proposer; And Should The
Administration Not Be Successful ln Negotiating An Agreement With Kimley-Horn And Associates,
lnc., Authorizing The Administration To Enter lnto Negotiations With Parsons Brinckerhoff, lnc., As
The Second Highest Ranked Proposer; And Should The Administration Not Be Successful ln
Negotiating An Agreement With Parsons Brinckerhoff, lnc., Authorizing The Administration To Enter
lnto Negotiations With HNTB Corporation, As The Third Highest Ranked Proposer; And Further
Authorizing The Mayor And City Clerk To Execute An Agreement, Upon Conclusion Of Successful
Negotiations By The Administration.
( P rocu re me nUTra nsportatio n )
(Memorandum & Resolution)
3
THIS PAGE INTENTIONALLY LEFT BLANK
4
COMMISSION ITEM SUMMARY
AL TO ISSUE A REQUEST FOR P NO. 2016-009-ME TO
PROPOSALS FROM PARTIES INTERESTED IN PARTNERING WITH THE CITY OF MIAMI BEACH, FLORIDA,
TO DEVELOP PUBLIC PARKING GARAGES WITHIN THE CITY
Item Summary/Recommendation:
At the April 29,2015 City Commission meeting, there was a discussion following the Washington Avenue Blue Ribbon
Panel presentation and recommendations. The discussion included issuance of an RFP to property owners between
9th and 13th streets to purchase air rights for the construction of a municipal garage above existing ground floor retail.
With the completion of the Walker Parking Study several other areas were identified as high priority locations in need
of a municipal parking garage and they have been included in this RFP.
Through this RFP, the City is seeking proposals for public/private partnerships to develop public parking garages City-
wide (each proposed site, a proposed "Project") to address the shortage of parking City-wide, with an emphasis on the
"High Demand" areas set forth in Section 28 below and as identified more fully in the Walker Parking Consultant
Demand Analysis (see Link to the Walker Study and related reports in Section 2D below). Accordingly, the City is
seeking development teams with proven experience in the development of similar facilities or Projects, and the
financial and professional qualifications to deliver high-quality, economically feasible Project(s).
Proposals must include privately-owned property owned or controlled by the Proposer. ln addition, the City has
identified certain City-owned parcels listed in Section 2C below, for the potential development of Projects as identified
herein. As set forth more fully below, the City will also consider proposals for the development of a Proposer's
property together with development of an adjacent City-owned parcel listed in Section 2C, for the purpose of
maximizing the lot sizes available for the development of public parking spaces as part of a proposed Project. City
reserves the right to award more than one contract for separate Projects arising out of this RFP. Based on the above,
the City is seeking qualified development teams to submit proposals to develop Projects involving:
1) the development of privately-owned property that is not adjacent to any City-owned property (including, without
limitation, development of air rights over privately owned property), with City to own/operate the public parking
garage components and the successful Proposer to own/operate other components of the Project (which may
include, without limitation, retail, commercial or other uses); or
2) the development of privately-owned property together with development of adjacent City-owned property listed
in Section 2C (including, without limitation, development of air rights over privately owned property), with City to
own/operate the public parking garage components and the successful Proposer to own/operate other
components of the Project (which may include, without limitation, retail, commercial or other uses).
The subject RFP is attached.
RECOMMENDATION
To seek proposals from interested parties, the City Manager recommends that the Mayor and City Commission of the
City of Miami Beach, Florida authorize the issuance of RFP 2016-009-ME To Seek Proposals From Parties lnterested
ln Partnerinq With The City Of Miami Beach, Florida, To Develop Public Parking Garages Within The City
Advisorv Board Recommendation:
NT\RFQ 2O'15-245-KB
Financial lmpact Summary: The design phase portion of this project will not utilize grant funding.
Alex Saul F
Aoenda ltem c2D- D.t" to'lFl((B MIAMIBEACH 5
MIAMIBEACH
City of Miqmi Beoch, l200 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
CO ISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 14,2015
REQUEST FOR APPROVAL TO |SFUE A REQUEST FOR PROPOSALS (RFP) NO.
2O16.OO9.ME TO SEEK FROM PARTIES INTERESTED IN
PARTNERING WITH THE CIry OF MIAMI BEACH, FLORIDA, TO DEVELOP
PUBLIC PARKING GARAGES WITHIN THE CITY
ADMINISTRATION RECOMMENDATION
Authorize the issuance of the RFQ.
BACKGROUND
At the April 29, 2015 City Commission meeting, there was a discussion following the Washington
Avenue Blue Ribbon Panel presentation and recommendations. The discussion included issuance of
an RFP to property owners between 9th and 13th streets to purchase air rights for the construction of a
municipal garage above existing ground floor retail. With the completion of the Walker Parking Study
several other areas were identified as high priority locations in need of a municipal parking garage and
they have been included in this RFP.
Through this RFP, the City is seeking proposals for public/private partnerships to develop public
parking garages City-wide (each proposed site, a proposed "Project") to address the shortage of
parking City-wide, with an emphasis on the "High Demand" areas set forth in Section 28 below and as
identified more fully in the Walker Parking Consultant Demand Analysis (see Link to the Walker Study
and related reports in Section 2D below). Accordingly, the City is seeking development teams with
proven experience in the development of similar facilities or Projects, and the financial and
professional qualifications to deliver high-quality, economically feasible Project(s).
Proposals must include privately-owned property owned or controlled by the Proposer. ln addition,
the City has identified certain City-owned parcels listed in Section 2C below, for the potential
development of Projects as identified herein. As set forth more fully below, the City will also consider
proposals for the development of a Proposer's property together with development of an adjacent City-
owned parcel listed in Section 2C, for the purpose of maximizing the lot sizes available for the
development of public parking spaces as part of a proposed Project. City reserves the right to award
more than one contract for separate Projects arising out of this RFP. Based on the above, the City is
seeking qualified development teams to submit proposals to develop Projects involving:
1) the development of privately-owned property that is not adjacent to any City-owned property
(including, without limitation, development of air rights over privately owned property), with City to
own/operate the public parking garage components and the successful Proposer to own/operate
other components of the Project (which may include, without limitation, retail, commercial or other
uses); or
TO:
FROM:
DATE:
SUBJECT:
6
Request for lssuance of RFP 2016-009-ME To Seek Proposals From Parties lnterested ln Partnering With The City Of Miami Beach, Florida,
To Develop Public Parking Garages Within The City
October 14,2015
Page 2 ot 2
2) the development of privately-owned property together with development of adjacent City-owned
property listed in Section 2C (including, without limitation, development of air rights over privately
owned property), with City to own/operate the public parking garage components and the
successful Proposer to own/operate other components of the Project (which may include, without
limitation, retail, commercial or other uses).
The subject RFP is attached.
A. MINIMUM QUALIFICATIONS. The following minimum requirements shall apply for each
proposed Project ("Minimum Project Requirements"):
1. The successful Proposer(s) will be responsible for the design and construction of the
Project, with the City paying for its portion of the public parking components.
2. Once the design and construction of the Project is complete, the City shall retain all rights
for the public parking components of the Project, which the City shall operate as part of its
Parking System for municipal parking purposes at City's municipal parking rates.
3. The site for a proposed Project must be of a lot size sufficient to accommodate a "self-
parking" public garage facility. City will not consider mechanical or robotic garage
structures or spaces designed solely for valet use.
4. The City shall not provide any development waivers under the City's Land Development
Regulations; a proposed Project must comply with (and be based on) all current City Code
zoning requirements in effect as of the Proposal Due Date.
5. The successful Proposer shall be responsible for all costs and expenses for the design,
construction, financing and operation of the non-public components of the Project (i.e.
which may include all ad valorem and other costs or expenses attributable to the retail,
commercial or other components of each Project).
6. On the Proposal Response Date, Proposers must be able to demonstrate ownership and/or
control of any privately-owned property included as part of a proposed Project.
SUBMITTAL REQUIREMENTS. Please Reference Section 0315, Request For Proposals (RFP) NO.
2016-009-ME To Seek Proposals From Parties lnterested ln Partnering With The City Of Miami
Beach, Florida, To Develop Public Parking Garages Within The City (attached), beginning on page 21
of the attached RFP.
CRITERIA FOR EVALUATION. Please Reference Section 0305, Request For Proposals (RFP) NO.
2016-009-ME To Seek Proposals From Parties lnterested ln Partnering With The City Of Miami
Beach, Florida, To Develop Public Parking GaragesWithin The City (attached), beginning on page 19
of the attached RFP.
CONCLUSION
The City Manager recommends that the Mayor and Commission authorize the issuance of the RFQ for
Architectural and Engineering Design Services for the Lincoln Road District lmprovements is subject to
funds availability approved through the City's budgeting process
ATTACHMENTS
Attachment A: RFP 2016-009-ME To Seek Proposals From Parties lnterested ln Partnering With The
City Of Miami Beach, Florida, To Develop Public Parking Garages Within The City
t
JLM/KGB/i[bfisrrno
T:\AGENDA\20r Sr$[\enOcUREMENT\RFP 2016-OO9-ME Public Parking Partnerships - lssuance Memo.doc
7
REQUEST FOR PROPOSALS
TO SEEK PROPOSALS FROM PARTIES INTERESTED IN PARTNERING
WITH THE CITY TO DEVELOP PUBLIC PARKING GARAGES WITHIN THE
CITY OF MIAMI BEACH
RFP No. 2016-009-ME
RFP ISSUANCE DATE:
PRE.PROPOSAL MEETING DATE:
PROPOSAL DUE DATE:
ISSUED BY:
,V\lirl-,,iffitAilt-4
Morio Estevez, Assisfonf Director
DEPARTMENT OF PROCUREMENT MANAGEMENT
I Z0O Convention Center Drive, Miomi Beoch, FL 33,l 39
3 0 5 .67 3 .7 490 | Mo rio Estevez@m i o m i beoch f l. gov
www.miomibeochfl.gov
8
MIAMIBEACH
TABLE OF CONTENTS
PAGE
OO1OO. GENERAL INSTRUCTIONS TO PROPOSERS
OO2OO. DEF;N1T;ONS............ ....(omitted)
OO3OO. INSTRUCTIONS TO PROPOSERS............
00305. EVALUATION PROCESS ............
OO31 5. PROPOSAL SUBMISSION REQUIREMENTS
APPENDIXES:
APPENDIX A - PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
* | nre 2or6-ooe-ME
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MIAMIBEACH
OO1()(). GENERAL INSTRUCTIONS TO PROPOSERS:
1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"),
as the means for prospective Proposers to submit their qualifications, 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 Propose(s)
(the "contractor[s]") if this RFP results in an award.
The City utilizes PublicPurchase (www,publicpurchase.com) for automatic notification of competitive
solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP.
Any prospective Proposer who has received this RFP by any means other than through PublicPurchase
must register immediately with PublicPurchase to assure it receives any addendum issued to this RFP.
Failure to receive an addendum may result in disqualification of proposal submitted.
2. PURPOSE STATEMENT
Through this RFP, the City is seeking proposals for public/private partnerships to develop public parking
garages City-wide (each proposed site, a proposed "Project") to address the shortage of parking City-wide,
with an emphasis on the "High Demand" areas set forth in Section 28 below and as identified more fully in
the Walker Parking Consultant Demand Analysis (see Link to the Walker Study and related reports in
Section 2D below). Accordingly, the City is seeking development teams with proven experience in the
development of similar facilities or Projects, and the financial and professional qualifications to deliver high-
quality, economically feasible Project(s).
Proposals must include privately-owned property owned or controlled by the Proposer. ln addition, the
City has identified certain City-owned parcels listed in Section 2C below, for the potential development of
Projects as identified herein. As set forth more fully below, the City will also consider proposals for the
development of a Proposer's property together with development of an adjacent City-owned parcel listed in
Section 2C,lor the purpose of maximizing the lot sizes available for the development of public parking
spaces as part of a proposed Project. City reserves the right to award more than one contract for separate
Projects arising out of this RFP. Based on the above, the City is seeking qualified development teams to
submit proposals to develop Projects involving:
'1) the development of privately-owned property that is not adjacent to any City-owned property
(including, without limitation, development of air rights over privately owned property), with City to
own/operate the public parking garage components and the successful Proposer to own/operate other
components of the Project (which may include, without limitation, retail, commercial or other uses); or
2) the development of privately-owned property together with development of adjacent City-owned
property listed in Section 2C (including, without limitation, development of air rights over privately
owned property), with City to own/operate the public parking garage components and the successful
Proposer to own/operate other components of the Proyect (which may include, without limitation, retail,
commercial or other uses).
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MIAMIBEACH
This RFP does not seek proposals submitted solely for the purpose of proposing the sale of privately-held
property to the City, nor does this RFP seek proposals that intend solely to develop City-owned property.
The purchase or sale of real estate is handled through the City's Division of the Tourism, Culture and
Economic Development Department. Any offers or inquiries with respect to the sale of real property should
be directed to Mark Milisits, Asset Manager, Department of Tourism, Culture and Economic Development,
at MarkMilisits@MiamiBeachFL.gov, and shall be handled separately from this RFP.
A. Minimum Proiect Requirements: The following minimum requirements shall apply for each
proposed Project ("Minimum Project Requirements"):
1. The successful Proposer(s) will be responsible for the design and construction of the Project, with
the City paying for its portion of the public parking components.
2. Once the design and construction of the Project is complete, the City shall retain all rights for the
public parking components of the Project, which the City shall operate as part of its Parking System
for municipal parking purposes at City's municipal parking rates.
3. The site for a proposed Project must be of a lot size sufficient to accommodate a "self-parking"
public garage facility, City will not consider mechanical or robotic garage structures or spaces
designed solely for valet use.
4. The City shall not provide any development waivers under the City's Land Development
Regulations; a proposed Project must comply with (and be based on) all current City Code zoning
requirements in effect as of the Proposal Due Date,
5. The successful Proposer shall be responsible for all costs and expenses for the design,
construction, financing and operation of the non-public components of the Pro.lect (i,e. which may
include all ad valorem and other costs or expenses attributable to the retail, commercial or other
components of each Project).
6. On the Proposal Response Date, Proposers must be able to demonstrate ownership and/or control
of any privately-owned property included as part of a proposed Project.
ln no event shall any of the Proposer's terms be inconsistent or in conflict with the Minimum Project
Requirements; the failure to adhere to such requirements shall render a Proposer non-responsive,
B. Priority "High Demand" Areas:
While the City wishes to consider solutions to address parking needs City-wide, Walker has identified the
areas where the most critical parking shortages exist. Projects to address the parking shortage in those
areas will be given a preference in the evaluation of proposals. ln summary, those areas include:
South Beach areas roughly bounded by:
1, Washington Avenue to the West; the Atlantic Ocean to the East; 23ro Street to the North; and
5th Street to the South;
2. Alton Road to the East; Biscayne Bay to the West; 17tn Street to the North; and Sth Street to the
South;
Middle Beach areas roughly bounded by:
1. 23ro Street to the South; 44tn Street to the North; lndian Creek to the West; Collins Avenue to
the East;
2. 40tn Street to the South; 42ro Street to the North; Alton Road to the West; Pine Tree Drive to
the East;
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North Beach areas roughly bounded by:
1. Normandy lsles (Biarritz Drive to the South, Marseilles Drive to the North; Rue Notre Dame to
the West; the lntercoastal to the East);
2. North Beach Town Center (lntercoastal to the West, Collins Avenue to the East, 69ttt Street to
the South, 73'o Street to the North)
3. North Collins Ave (Harding Avenue to the West, Collins Avenue to the East, 73ro Street to the
South; 75tn Sffeet to the North)
C. City-owned Properties:
As set forth more fully below, in an effort to maximize the number of available spaces, this RFP will also
give preference for proposed Projects that include use of an adjacent to City-owned property identified
below and maximize the number of public parking spaces that would be increased by the combination of
followino Ci. Ihe Citv will consider Drooosals that mav Include the )r00entes:
FOLIO NUMBER ADDRESS DESCRIPTION
02-321 0-01 3-0360
917 Normandy Drive Parking Lot (P-89)02-321 0-01 3-0370
02-321 0-01 3-0380
02-321 0-01 3-0400
02-321 0-01 3-0540 6950 Bay Drive Parking Lot (P-87)
02-321 0-01 3-0550
02-3210-013-1281 1045 71 ST Parkinq Lot (P-88
02-3211-001-0200 6933 Hardino Ave Parkino Lot (P-83
02-321 1-002-0080 7125 Bonita Drive Parkino Lot (P-90
02-3211-002-0910 6964 Hardino Ave Parkino Lot (P-84
02-321 1 -002-1 090 6977 Carlyle Ave Parkinq Lot (P-85
02-3211-002-1270 6976 lndian Creek Dr.Parking Lot (P-86)
02-3211-002-1350
02-3222-019-0260 4125 Jefferson Ave Parking Lot (P-62)
02-3222-019-0270 830 42 ST
02-3226-001-0780 2660 Collins Avenue Parkinq Lot (P-55)
02-3233-01 7-0060
1671 West Ave Parking Lot (P-24)02-3233-01 7-0070
02-3233-01 7-0080
02-3233-017 -0120 1619 West Ave Lot (P-23
02-3234-008-1 020
1262 Collins Ave Parking Lot (P-16)
02-3234-008-1 030
02-4203-009-0200 900 Washington Ave Parking Lot (P-12)
02-4203-009-021 0
02-4203-009-0280 1000 Washington Ave Parking Lot (P-13)
02-4203-009-0290
02-4204-004-001 0
401 Alton Road Parking Lot (P-5)02-4204-004-0020
02-4204-004-0030
02-4204-004-0040
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D. Backqround on the Walker Studv
The City engaged Walker Parking Consultants, lnc. to perform a parking demand analysis for the three
major geographic areas of the City (South, Middle, and North), Parking demand projections were derived
from parking inventory usage, including data collection; review of current and future development projects;
and, in consultation with the Administration, certain assumptions regarding economic growth, seasonality,
and related trends. ln addition, Walker Parking Consultant, lnc. prepared a separate supplemental report
that provided recommended management strategies and parking rates; identification of areas sufficiently
high to warrant new parking garages; and development of conceptual parking structure layouts in those
areas. The parking demand analysis, in its entirety, as well as the supplemental report is on the City's
Parking Department webpage and may be accessed at the following link:
http ://web. miami beachfl.qov/parkinq/scroll. aspx?id =B I 753.
4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be
submitted to the Procurement Contact noted below:
Procurement Contact:
Maria Estevez
Telephone:
305.673.7490
Email:
MariaEstevez@Miam i BeachFL.gov
The RFP 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.
3. ANTICIPATED RFP TIMETABLE. The tentative schedule for this solicitation is as follows
RFP lssued
Pre-Proposal Meetinq
Deadline for Receipt of Questions
Resoonses Due
Evaluation Committee Review
Proposer Presentations
Tentative Commission Approval Authorizing
Neqotiations
Contract Neqotiations Followinq Commission Approval
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MIAMIBEACH
5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal
meeting or site visit(s) may be scheduled.
A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFP Timetable section above at the
following address:
City of Miami Beach
City Hall- 4th Floor
City Manager's Large Conference Room
1700 Convention Center Drive
Miami Beach, Florida 33139
Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is
not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via
telephone must follow these steps:
(1) Dialthe TELEPHONE NUMBER: 1- 888-270-9936 (Toll-free North America)
(2) Enter the MEETING NUMBER 1142644
Proposers who are interested in participating via telephone should send an e-mail to the contact person
listed in this RFP expressing their intent to participate via telephone,
6, PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by
prospective Proposers are not binding on the City and will be without legal effect, including any information
received at pre-submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or
written addenda clarifications considered necessary by the City in response to questions. Only questions
answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum
will be released through PublicPurchase. Any prospective proposer who has received this RFP by any
means other than through PublicPurchace must register immediately with PublicPurchase to assure it
receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of
proposal. Written questions should be received no later than the date outlined in the Anticipated RFP
Timetable section.
7. CONE OF SILENCE. This RFP is subject to, and all proposers are expected to be or become familiar
with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers
shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are
complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their
response voidable, in the event of such non-compliance. Communications regarding this solicitation are to
be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at
rafaelg ran ado@miamibeachfl. gov
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8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following
ordinances/resolutions, which may be found on the City Of Miami Beach website:
http ://web. miamibeachfl.qov/procu remenUscrol l. aspx?id=235 1 0
. CONE OF S|LENCE....,.. PROTEST PROCEDURES..,
o DEBARI\4ENT PROCEEDINGS..
o LOBBYIST REGISTMTION AND DISCLOSURE OF FEES,.....,...........
. CAMPAIGN CONTRIBUTIONS BY VENDORS....,
. CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREIVENT
rssuES...,,......... PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND
CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE.
DISABLED VETERAN BUSINESS ENTERPRISES...
o FALSE CLAIMS ORDINANCE,. ........ ......
. ACCEPTANCE OF GIFTS, FAVORS & SERVICES......
CITY CODE SECTION 2486
crry coDE sEcroN 2-371
CITY CODE SECTIONS 2-397 THROUGH 2-485.3
CITY CODE SECTIONS 2481 THROUGH 2406
CITY CODE SECTION 2.487
CITY CODE SECTION 2488
CITY CODE SECTION 2.374
CITY CODE SECTION 70.3OO
CITY CODE SECTION 2449
9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crimes may not submit a Proposal on a contract to provide any goods
or services to a public entity, may not submit a Proposal on a contract with a public entity for the
construction or repair of a public building or public work, may not submit Proposals on leases of real
property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or
consultant under a contract with a public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFP is subject to, and all Proposers are
expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for
ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as
prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-
compliance,
11. DEBARMENT ORDINANCE: This RFP is subject to, and all proposers are expected to be or become
familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code.
12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFP is subject to, and all Proposers
are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in
Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all
applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject
to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of
such non-compliance.
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13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution N0.2000-23879, the Proposer shall adopt
a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or
within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply
with all applicable governmental rules and regulations including, among others, the conflict of interest,
lobbying and ethics provision of the City of Miami Beach and Miami Dade County,
14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible
format; sign language interpreters (five (5) days in advance when possible), or information on access for
persons with disabilities. For more information on ADA compliance, please call the Public Works
Department, at 305-673- 7000, Extension 2984.
15. 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.
16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in
accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in
Sections 2-370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made
pursuant to the requirements of the City's Bid Protest Ordinance shall be barred,
18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City
shall give a preference to a responsive and responsible Proposer which is a small business concern owned
and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is
within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an
opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in
this RFP, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted
prices of two (2) or more proposers which are a small business concern owned and controlled by a
veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an
RFP or oral or written request for quotation, and such proposals are responsive, responsible and othenruise
equal with respect to quality and service, then the award shall be made to the service-disabled veteran
business enterprise.
19. DETERMINATION OF AWARD. The final ranking results both evaluation phases, outlined in Section
0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City
Commission the Propose(s) s/he deems to be in the best interest of the City or may recommend rejection
of all proposals. The City Manager's recommendation need not be consistent with the scoring results
identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following
considerations:
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(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.
20. NEGOTIATIONS. Following the City Commission's selection, the City may enter into further
negotiations with the selected Propose(s). Notwithstanding the preceding, the City is in no way obligated to
enter into a contract with the selected Propose(s) in the event the parties are unable to negotiate a
contract. lt is also understood and acknowledged by Proposer that no property, contract or legal rights of
any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the
City; and executed by the parties. Any contract the City enters into with a successful Proposer, if any, shall
contain provisions for a due diligence period to permit the City to conduct whatever reasonable
investigations, analyses and studies that City may deem appropriate with respect to any real property that
is part of the Project to satisfy City, at City's sole and absolute discretion, of the condition of the subject
property, and shall specify that City's obligations to the Proposer shall be subject to and contingent upon
such due diligence investigations and City's acceptance at its sole discretion as to the suitability of the
Pqect.
21. POSTPONEMENT/CANCELLATION/ACCEPTANCE/REJECTION. The City may, at its sole and
absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFP; postpone
or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any responses
received as a result of this RFP. Reasonable efforts will be made to either award the proposer the contract
or reject all proposals within one-hundred twenty (120) calendar days after proposal opening date. A
proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the
date of proposal opening by delivering written notice of withdrawal to the Department of Procurernent
Management prior to award of the contract by the City Commission,
22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely
responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to
ascertain all conditions and requirements affecting the full performance of the contract, lgnorance of such
conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will
not relieve the Proposer from any obligation to comply with every detail and with all provisions and
requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for
any monetary consideration on the part of the Proposer.
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23. 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.
24. 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.
24. OCCUPATIONAL HEALTH AND SAFETY. ln compliance with Chapter 442,Florida Statutes, any toxic
substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this
proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer,
25, ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of
citations and/or violations of environmental regulations in investigating a propose/s responsibility, and
further reserves the right to declare a proposer not responsible if the history of violations warrant such
determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all
citations and/or violations, notices and dispositions thereof. The non-submission of any such
documentation shall be deemed to be an affirmation by the Proposer that there are no citations or
violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer
may receive after the proposal opening date and during the time of performance of any contract awarded to
it.
26. TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes.
27. 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.
28. 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.
29. COPYRIGHT. PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of
Miam! 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,
30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such
contract by the City Commission, or untimely withdrawal of a response before such award is made and
approved, may result in a claim for damages by the City and may be grounds for removing the Proposer
from the City's vendor list,
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31. MANNER OF PERFORMANCE. Proposeragrees 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.
32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and
Conditions shall have precedence.
33. NON-DISCRIMINATION. The Proposer certifies that it 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. ln accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code,
Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color,
national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status,
and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof.
34. DEMONSTRATION OF COMPETENCY. 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, including:
A. Pre-award inspection of a proposed property or properties 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.
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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.
35. 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.
36. 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.
37. 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.
38. 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.
39. DISPUTES. ln the event of a conflict between the documents, the order of priority of the documents
shall be as follows:
A. Any contract or agreement resulting from the award of this solicitation; then
B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then
C. The solicitation; then
D. The Proposer's proposal in response to the solicitation.
40. INDEMNIFICATION. The successful Proposer 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 successful Proposer or
its employees, agents, servants, partners, principals, consultants or subcontractors. The successful
Proposer 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
successful Proposer expressly understands and agrees that any insurance protection required by this
agreement or othenrvise provided by the successful Proposer shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the City or its officers, employees, agents and
instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or
termination of this Agreement.
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41. CONTRACT EXTENSION. The City reseryes the right to require the Proposerto extend the proposal
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 Proposer.
42. FLORIDA PUBLIC RECORDS LAW, Proposers are hereby notified that all Proposals including, without
limitation, any and all information and documentation submitted therewith, are exempt from public records
requirements under Section 119.07(1), Florida Statutes, and s. 24($, 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 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.
43. OBSERVANCE OF LAWS.Proposers are expected to be familiar with, and comply with, all Federal,
State,
County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or
tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or
project contemplated by this RFP. lgnorance of the law(s) on the part of the Proposer will in no way relieve
it from responsibility for compliance.
44. CONFLICT OF INTEREST. 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 tt4iami Beach. Further, all Proposers must disclose the name of any City employee vrho owns,
either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its
affiliates.
45. MODIFICATIONMITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to
replace all or any portion of a previously submitted Proposal up until the Proposal due date and time.
Modifications received after the Proposal due date and time will not be considered. Proposals shall be
irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after
expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of
withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal
received after contract award will not be considered.
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47. 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). The City will not accept any exception to the
Minimum Project Requirements or any term that is inconsistent or conflicts therewith; failure to
adhere to such requirements shall render a Proposer non-responsive.
48. 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" Pursuantto Sec. 2-449of the City Code, no officeroremployee of the City
shall accept any gift, favor or service that might reasonably tend improperly to influence him in the
discharge of his offlcial duties.
49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from
Proposers at any time during the RFP solicitation process, unless othenruise noted herein.
Balance of Page lntentionallv Left Blank
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OO2()O. DEFINITIONS:
Omitted.
O()3OO, INSTRUCTIONS TO PROPOSERS:
Pre-Proposal lnterpretations: Only questions answered by written Addenda will be binding and may
supersede terms noted in this RFP. Oral and other interpretations or clarifications will be without
lega! effect. All questions about the meaning or intent of the RFP are to be directed to the City's
Procurement Director or designated representative in writing. lnterpretations or clarifications considered
necessary by the City in response to such questions will be issued by the City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having received the Bidding
Documents. Written questions should be received no less than ten (10) calendar days prior to the
date of the opening of proposals. There shall be no obligation on the part of City or the City's
Procurement Director to respond to questions received less than ten (10) calendar days prior to
original proposal opening date stipulated in this solicitation.
The City reserves the right to require additional information to determine project viability and proposer
qualifications at any point throughout the process. Proposer shall have seven (7) calendar days respond to
such a request.
1. Printed Form of Proposal: All proposals must be made upon the blank Proposal Tender Form (to
be made available following the Phase I Evaluation) and must give the price in strict accordance
with the instructions thereon. The proposal must be signed and acknowledged by the Proposer in
accordance with the directions on the proposalform.
2. Acceptance or Reiection of Proposals: The City reseryes 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 proposal opening date. A Proposer may not
withdraw its proposal unilaterally nor change the Contract Price before the expiration of ninety (90)
calendar days from the date of proposal opening. A Proposer may withdraw its proposal after the
expiration of one hundred twenty (120) calendar days from the date of proposal opening by
delivering written notice of withdrawal to the Department of Procurement Management prior to
award of the Contract by the Crty Commission.
3. Performance Evaluation: An interim performance evaluation of the successful proposer may be
submitted by the Contract Administrator during construction of the Project. A final performance
evaluation shall be submitted when the Request for Final Payment to the construction contractor is
fonrvarded for approval. ln either situation, the completed evaluation(s) shall be fonruarded to the
City's Procurement Director who shall provide a copy to the successful proposer. Said
evaluation(s) may be used by the City as a factor in considering the responsibility of the successful
proposer for future proposals with the City,
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Postponement of Date for Presentinq and Openinq Proposals: The City reserves the right to
postpone the date for receipt and opening of proposals and will make a reasonable effort to give at
least five (5) calendar days written notice of any such postponement to each prospective proposer.
Qualifications of Proposers: Proposals shall be considered only from Proposers which submit their
proposal by the proposal's due date; proposers who meet the "Minimum Requirements"; and
proposers that submit all required documentation as requested under this solicitation.
ln determining a proposer's responsibility and ability to perform the Contract, City has the right to
investigate and request information concerning the financial condition, experience record,
personnel, equipment, facilities, principal business location and organization of the proposer, the
proposer's record with environmental regulations, and the claims/litigation history of the proposer.
The City reserves the right to consider third-party information (e.9., Dun & Bradstrget's Supplier
Reports or similar) in determination of capacity.
Addenda and Modifications: The City shall make reasonable efforts to issue addenda within seven
(7) calendar days prior to proposal opening. All addenda and other modifications made prior to the
time and date of proposal opening shall be issued as separate documents identified as changes to
the Project Manual.
Occupational Health and Safetv: ln compliance with Chapter 442, Florida Statutes, any toxic
substance listed in Section 3BF-41.03 of the Florida Administrative Code delivered as a result of
this proposal must be accompanied by a Material Safety Data Sheet (MSDS) which may be
obtained from the manufacturer.
Environmental Requlations: The City reserves the right to consider a proposer's history of citations
and/or violations of environmental regulations in investigating a proposer's responsibility, and
further reserves the right to declare a proposer not responsible if the history of violations warrant
such determination in the opinion of the City. Proposer shall submit with its proposal, a complete
history of all citations and/or violations, notices and dispositions thereof, The non-submission of
any such documentation shall be deemed to be an affirmation by the Proposer that there are no
citations or violations. Proposer shall notify the City immediately of notice of any citation cr
violation which proposer may receive after the proposal opening date and during the time of
performance of any contract awarded to it.
"Or Equal" Clause: Whenever a material, article or piece of equipment is identified in the RFP
including plans and specifications by reference to manufacturers' or vendors' names, trade names,
catalog numbers, or othenrvise, City, will have made its best efforts to name at least three (3) such
references. Any such reference is intended merely to establish a standard; and, unless it is
followed by the words "no substitution is permitted" because of form, fit, function and quality,
any material, article, or equipment of other manufacturers and vendors which will perform or serve
the requirements of the general design will be considered equally acceptable provided the
materials, article or equipment so proposed is, in the sole opinion of City, equal in substance,
quality and function,
7.
9.
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ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S PROCUREMENT
DIRECTOR,
Protested Solicitation Award: Proposers that are not selected may protest any recommendation for
contract award in accordance with City of Miami Beach Code Section 2-371, which establishes
procedures for resulting protested proposals and proposed awards, Protest not timely pursuant to
the requirements of the City Code shall be baned.
Veteran Business Enterprises: Pursuant to City of Miami Beach Code Section2-374, the City shall
give a preference to a responsive and responsible Proposer which is a small business concern
owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise,
and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing
such proposer an opportunity of providing said goods or contractual services for the lowest
responsive Proposal amount. Whenever, as a result of the foregoing preference, the adjusted
prices of two (2) or more Proposers which are a small business concern owned and controlled by a
veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal
pursuant to an RFP or oral or written request for quotation, and such proposals are responsive,
responsible and othenruise equal with respect to quality and service, then the award shall be made
to the service-disabled veteran business enterprise,
re I nre 2r6-ooe-ME
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MIAMIBEACH
OO3O5. EVALUATION PROCESS
PHASE I EVALUATION PROCESS
1,
2.
Two Step Evaluation, The Phase I evaluation of responsive proposals will proceed in a two-step
process. The first step (Step 1)will consist of the qualitative criteria listed below to be considered
by the Evaluation Committee. The second step (Step 2) will consist of quantitative criteria
established below to be added to the first step scores by the Procurement Management
Department, The City reserves the right to engage the advice of a consultant or other technical
experts in assisting the Evaluation Committee in the review of proposals received,
Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to
evaluate each response in accordance with the requirements set forth in this solicitation. lf further
information is desired, proposers may be requested to make additional written submittals and/or
oral presentations to the Evaluation Committee. The evaluation of responses will proceed in a two-
step process, as set forth below. Step 1 will consist of the qualitative criteria listed below to be
considered by the Evaluation Committee. Step 2 will consist of the quantitative criteria established
below, to be added to the Evaluation Committee results by the Department of Procurement
Management.
Phase I / Step 1 Evaluation (100 Points). The Evaluation Committee shall meet to evaluate each
response in accordance with the qualifications criteria established below for Step 1, Qualitative
Criteria. ln doing so, the Evaluation Committee may:
a. Review and score all responses received utilizing the Weighted Criteria
b, Short-list proposers to be further considered in oral presentations
c. lnterview selected proposers
d. Re-score interviewed proposers utilizing the Weighted Criteria
e. Recommend to City Manager proposers to be short-listed for Phase ll.
Phase I / Step 2 Evaluation (5 Points). Following the results of Step 1 Evaluation, the proposers
may receive additional points to be added by the Department of Procurement Management to
those points earned in Step 1, as follows.
o Veterans and State-Certified Service-Disabled Veteran Business Enterprise (5 points)
3.
Prooosers mav receive uo to a total of 100 ooints for the followino evaluation criteria.
Evaluation Criteria Maximum Points
Prooosinq Team Exoerience & Qualifications 60
Number of Public Parkinq Soaces Generated JU
Project within High Demand Areas (as identified by the Walker
Studv)
10
r? I RFP 2r6-Ooe-ME
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MIAMIBEACH
4. Determination of Phase I 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 1and2 scores will be converted to rankings in accordance with the
example below:
Committe
Member 1
Steo 1 Points 82 t6 80
Steo 2 Points 0 (0
Total 82 81 80
Rank I 2 2
eommtttee, ber2
Step 1 Points 90 86 72
Steo 2 Points 0 A 0
Total 90 71
Reilk I 1
6gmitte.,
Member2
Steo 1 Points 78 74 BO
Step 2 Points 0 5 0
Total 78 79 BO
Rank'.3 2 1
PHASE II EVALUATION PROCESS
Evaluation (100 points). An Evaluation Committee, appointed by the City Manager, shall meet to evaluate
each short-listed response in accordance with the cdteria established herein. ln doing so, the Evaluation
Committee will:
a. lnterview short-listed proposers
b. Score proposers utilizing the Weighted Criteria
c. Recommend to City Manager the top ranked respondent
Proposers may receive up to a total of 100 points for the following evaluation criteria,
4. Phase ll Evaluation (100 Points). The Evaluation Committee shall meet to evaluate each
response in accordance with the criteria established below for Phase ll.. ln doing so, the
Evaluation Committee may:
f. Review and score all responses received utilizing the Weighted Criteria
g, Shori-list proposers to be further considered in oral presentations
h. lnterview selected proposers
i. Re-score interviewed proposers utilizing the Weighted Criteria
followino evaluation criterireceive up to a totalot 100 ts tor the evalu criteria,
Evaluation Criteria Maximum Points
Proiect Financial Considerations 60
Aooroach & Methodoloov 30
Desiqn 10
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MIAMIBEACH
00315. PROPOSAL SUBMISSION REQUIREMENTS
1. FORMAT FOR SUBMITTAL. Proposal packages must contain all the information requested in the
following documents, each fully completed, and signed as required. Proposal packages which do not
include all required documentation, or are not submitted in the required format, or do not have the
appropriate signatures on each document, may be deemed non-responsive. The City reserves the right
to request any documentation omitted, with exception of the Proposal Price form. Proposer must
submit the documentation within three (3) calendar days upon request from the City, or the proposal
may be deemed non-responsive, Non-responsive proposal packages will receive no further
consideration.
Proposers may not dictate the circumstances under which the documents are deemed to be
confidential. Only the State Legislature may determine which public records are subject to
disclosure and which are not. Moreover, a private party cannot render public records exempt from
disclosure merely by designating as confidential the material it furnishes to the City. The desire of
the private party to maintain privacy of certain materials filed with the City is of no consequence
unless such materials fall within a legislative created exemption to Chapter 1 19, Florida Statutes.
2. CONTENTS AND FORMAT OF PROPOSAL. To facilitate review of proposals, proposers are
requested to submit proposals in the format stipulated in this section, including clearly identifying each
proposal section (tab).
PHASE I RESPONSE FORMAT
ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in
review of responses, it is recommended that responses be organized and tabbed in accordance with the
sections and manner specified below. Hard copy submittals should be bound and tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and
contain a table of contents with page references. Proposers should prepare their submittal on 8.5 x 11
paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your
discretion. The recommended number of pages the City desires for each submittal item is indicated below.
These are recommendations only and actual pages may exceed the recommendation,
The City reserves the right to require additional information to determine financial capability. Proposer shall
have ten (1C) calendar to such a uest
iII Executive Summarv
1. Cover Page, Letter, and Table of Contents. The cover letter must indicate Prime Proposer and be
signed by same.
2. Appendix G, Proposal Certification, Questionnaire & Requirements Affidavit
lEL Proposinq Team's Experience & Qualifications
Qualifications of Proposing Team. Describe experience and qualifications of the Proposer in providing
the services detailed herein.
1. Provide background information, including company history, years in business, number of employees,
and any other information communicating capabilities and experience.
2. An organizational chart depicting the structure and lines of authority and communication, A narrative
that describes the intended structure regarding the delivery of the project, accountability and
comoliance with the terms of the RFP.
2r I RFP 2r6-ooe-ME
28
3.
4.
5
ldentify all team members and key personnel who will be assigned to the Project and their intended
functions and responsibilities.
For individuals, provide resumes of the team's key personnel who will be assigned to the Project that
demonstrate their experience and qualifications, education and performance record.
For corporate team members, provide a list of each team member company's experience and
qualifications relevant to the project. lncluding, but not limited to, prior clients. For each prior client,
include. Client and Project name and Locationo Contact lnformation
. Type of Project (e.9., public private partnership, development agreement, etc,)
. Project Description
. Project Hard Cost
Financial Capacity. Upon request from the City, provide (within three days) one of the following to
determine financial capacity.o Audited Financial Statement: Most recent annual reviewed/audited financial statement with
the audito/s notes. Such statements should include, as a minimum, balance sheets
(statements of financial position) and statements of profit and loss (statement of net income).
OR
. Dun & Bradstreet: Arrange and pay for D&B to send the Supplier Qualifier Report (SaR) to
the City through electronic means, emailing to MariaEstevez@miamibeachfl.gov. The cost of
the preparation of the D&B report shall be the responsibility of the Respondent. The proposer
can request the report from D&B
at:https://supplierportal.dnb.com/webapp/wcs/stores/servleUSupplierPortal?storeld=116
96. Any other additional information relative to the firm's financial capacity that may be requested
the Cit
6.
MIAMIBEACH
ldentify type of project is being proposed from one of the following options:
1)the development of privately-owned property that is not adjacent to any City-owned property (including,
without limitation, development of air rights over privately owned property), with City to own/operate the
public parking garage components and the successful Proposer to own/operate other components of the
Project (which may include, without limitation, retail, commercial or other uses); or
2) the development of privately-owned property together with adjacent City-owned property listed in Section
2C (including, without limitation, development of air rights over privately owned property), with City to
own/operate the public parking garage components and the successful Proposer to own/operate other
components of the Project (which may include, without limitation, retail, commercial or other uses),
2. Provide detailed information on proposed project site(s) including:
a, Address(es)
b. Folio Numbe(s)
c. Ownership
3. ldentify though conceptual layout the estimated parking generated by the Project.
zr I nre 2r5-ooe-ME
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MIAMIBEACH
PHASE II RESPONSE FORMAT
Following City Commission selection of the short-listed proposers pursuant to Phase I of the RFP, the short-
listed proposers will be required to prepare a detailed proposal for the Pgect to be considered in Phase ll.
The City will allow approximately four weeks from short-listing for short-listed proposers to prepare their
Phase ll submittals.
ln order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in
review of responses, it is recommended that responses be organized and tabbed in accordance with the
sections and manner specified below. Hard copy submittals should be bound and tabbed as enumerated
below and contain a table of contents with page references. Electronic copies should also be tabbed and
contain a table of contents with page references. Proposers should prepare their submittal on 8.5 x 11
paper. Please feel free to include other materials, such as covers, appendices, brochures, etc. at your
discretion. The recommended number of pages the City desires for each submittal item is indicated below.
These are recommendations only and actual pages may exceed the recommendation.
The submission of a proposal shall constitute an incontrovertible representation by proposer that proposer
has complied with the above requirements and understands all terms and conditions for performance and
furnishing of the Work.
ilf:rl Financial Consideration
Provide estimates of cost per additional parking space for the proposed Project (Present Value of Total
Cost to the City Divided by number of Parking Spaces - less any proposed revenues to the City)
Iil!:II Approach & Methodology
1. Project Schedule. Provide a Project schedule and describe Proposer's plan for adherence to the
schedule defined. ldentify any plans to phase or othenvise expedite the public parking portions of the
project.
2. Construction Logistics Plan. Provide a construction logistics plan, which may include, but not
necessarily be limited to, planning, coordination and supervision of the work and materials, staging areas,
worker parking, traffic, and any other activities affecting the project, lnclude plans to limit impact to
surrounding properties and areas.
3. Proposed Development Budget (to include summary of hard construction costs,
architectureiengineering costs, developmeni fees, other sofi costs and required fees, FF&E if applicabie,
continqency, financinq costs and any other unique proiect costs).
IEII Concept Desiqn
Provide details of proposed conceptual design, including floor plans, elevations and the dominant aesthetic
drivers, systems, and products. The conceptual design should be in sufficient detail to illustrate the project
in terms of a set of integrated ideas and concepts regarding project uses, its benefits, aesthetic qualities
and how the project will interact with the surrounding area, in terms of how the project satisfies the
purposes of the RFP.
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APPENDIX A
ffit,&ffitffiffi&tN
Proposo I Certificotion,
b.ry
auestionnoire &
Req uirements Affi,C ovit
PROCUREMENT DEPARTMENT
l7O0 Convention Center Drive
Miomi Beoch, Florido 33139
t* | nre 216-ooe-ME
31
MIAMIBEACH
Solicitation No:
2014-294-\1E
Solicitation Title:
Design-Builder Services for the Miami Beach Convention Center Renovation and
Exoansion
Procurement Contact:
Maria Estevez
Tel:
305-673-7490
Email:
mestevez@miami beachfl.qov
PROPOSAL CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT
Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Afiidavit Form is to inform prospective Proposers of
certaln 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.
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.
No of Years in Business:No of Years in Business Locally:
OTHER NAME(S) BIDDER HAS OPERATED UNDER IN THE
FIRM PRIMARY ADDRESS (H
TAX IDENTIFICATION NO,:
x I nre 216-ooe-ME
32
2.
MIAMIBEACH
Veteran Owned Business. ls Proposer claiming a veteran owned business status?
l-_-] vrs [-_l ruo
SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation
proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of
Florida or United States federal government, as required pursuant to ordinance 2011-3748.
Conflict 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, dlrector, agent, or immediate
family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Proposers
must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)
percent or more in the proposer entity or any of its affiliates
References & Past Performance. Proposer shall submit at least three (3) references for whom the proposer has
completed work similar in size and nature as the work referenced in solicitation.
SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2)
Contact lndividual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email and 6) Narrative on Scope of Services
Provided.
Suspension, Debarment or Contract Cancellation. Has proposer ever been debarred, suspended or other legal
violation, or had a contract cancelled due to non-performance by any public sector agency?
[__l vrs [---] t'to
SUBMITTAL REQUIREMENT: lf answer to above is "YES," proposer shall submit a statement detailing the reasons
that led to action(s).
Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign
Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely
responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,
and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their proposals, in the
event of such non-compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a
controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest
indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a
candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach.
Code of Business Ethics. Pursuant to City Resolution N0.2000-23879, each person or entity that seeks to do
business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement
Management Department with its response or within five (5) days upon receipt of request. The Code shall, at a
minimum, require the proposer, to comply with all applicable governmental rules and regulations including, among
others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County.
SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. ln lieu of submitting Code of
Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance, the City of
Miami Beach Code of Ethics, available at www.miamibeachfl.gov/procuremenU.
3.
4.
5
6
:a I nre 216-ooe-ME
33
7.
8.
I
MIAMIBEACH
Prevailing Wage: lntentionally Omitted.
Equal Benefits for Employees with Spouses and Employees with Domestic Padners. lntentionally Omitted.
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 pedorm 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 section. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted
vendor list.
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,
Proposer agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on
convicted vendor list.
10. Have you ever failed to complete any work[l vrs
awardedI:]to you? lf so, where and why?
NO
SUBMITTAL REQUIREMENT: lf yes, submit information on project, agency, agency contact and reason why
contractor failed to complete work.
11. Has a surety company ever intervened to assist a govemmental agency or other client of the proposer in completing
work that the proposer failed to complete?
l--_-] vrs [-__] r.ro
SUBMITTAL REQUIREMENT: lf yes, submit owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have pedormed work, where your surety has intervened to assist in completion of
the project, whether or not a claim was made.
12. Bankruptcy. Has the proposer filed any bankruptcy petitions (voluntary or involuntary) which have been filed by or
against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. lnclude in
the description the disposition of each such petition.
[--_-l Yrs l----l ruo
SUBMITTAL REQUIREMENT: lf yes, list and describe all bankruptcy petitions (voluntary or involuntary) which have
been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5)
years. lnclude in the description the disposition of each such petition.
'13. Litigation History. Has proposer or any principal or employee of the Proposer (relating to professional endeavors
only) been the subject of any claims, arbitrations, administrative hearings and lawsuits brought by or against the
Proposer or its predecessor organization(s) during the last five (5) years.
[__l vrs [-_-] r'ro
SUBMITTAL REQUIREMENT: lf yes, list all case names; case, arbitration or hearing identification numbers; the name
of the project over which the dispute arose; a description of the subject matter of the dispute; and the final outcome of
the claim.
14. Has the Corporation, Officers of the Corporation, Principal Stockholders, Principals of the Partnership or Owner of Sole
Proprietorship ever been indicted, debarred, disqualified or suspended from performing work for the Federal
Government or any State or Local Government or subdivision or agency thereof?
*r I RFP 216-OOe-ME
34
15.
16.
[-l vrs
MIAMIBEACH[-l r,ro
SUBMITTAL REQUIREMENT: lf yes, list the specific cases and the charging agency.
Principals. Provide the names of all individuals or entities (including your sub-consultants) with a controlling financial
interest. The term "controlling financial interest" shall mean the ownership, directly or indirectly, of 10% or more of the
outstanding capital stock in any corporation or a direct or indirect interest of 10% or more in a firm. The term "firm" shall
mean any corporation, partnership, business trust or any legal entity other than a natural person.
Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the
solicitation which may provide additional information to proposers or alter solicitation requirements. The City will strive
to reach every proposer having received solicitation through the City's e-procurement system, PublicPurchase.com.
However, proposers are solely responsible for assuring they have received any and all addendum issued pursuant to
solicitation. This Acknowledgement of Addendum section certifles that the proposer has received all addendum
released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result
in proposal disqualification.
lnitial to
Confirm
Receiot
lnitial to
Confirm
Receiot
lnitial to
Confirm
Receiot
Addendum 1 Addendum 6 Addendum
11
Addendum 2 Addendum 7 Addendum
12
Addendum 3 Addendum 8 Addendum
13
Addendum 4 Addendum 9 Addendum
14
Addendum 5 Addendum
10
Addendum
15
lf additional confirmation of addendum is required, submit under separate cover.
Art in Public Places (AIPP): By virtue of submitting a proposal to this RFP, Proposer affirms that it will comply with
the Art in Public Places (AIPP) requirements of the City pursuant to Sections 82-536 to 82-612 of the City Code without
limitation and that any resulting prolect plans, designs and guaranteed maximum price (GMP) shall be fully compliant
with the AIPP requirements.
17.
2S I RFP 2r6-00e-ME
35
MIAMIBEACH
The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience.
Any action taken by the City in response to Proposals made pursuant to this solicitation, or in making any award, or in failing or refusing to
make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this solicitation, either before or after
issuance of an award, shall be without any liability or obligation on the pa( of the City.
ln its sole discretion, the City may withdraw the solicitation either before or after receiving Proposals, may accept or reject Proposals, and
may accept Proposals which deviate from the solicitation, as it deems appropriate and in its best interest. ln its sole discretion, the City may
determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation.
Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including
financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers,
directors, shareholders, partners and employees, as requested by the City in its discretion.
The information contained herein is provided solely for the convenience of prospective Proposers. lt is the responsibility of the recipient to
assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any
information in this solicitation.
Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should
rely exclusively on their own investigations, interpretations, and analyses. The solicitation is being provided by the City without any warranty
or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City
or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval.
The City shall have no obligation or liability with respect to this solicitation, the selection and the award process, or whether any award will be
made. Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally
relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this
solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal.
This solicitation is made subject to correction of errors, omissions, or withdrawal from the market without notice. lnformation is for guidance
only, and does not constitute all or any part of an agreement.
The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable
definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive
agreements executed among the parties. Any response to this solicitation may be accepted or rejected by the City for any reason, or for no
reason, without any resultant liability to the City.
The City is governed by the Government-in{he-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as
required by such law. All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by
Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become
public records.
Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer
acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement
information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation.
Each Proposer certifies that the information contained in the Proposal is kue, accurate and complete, to the best of its knowledge,
information, and belief.
Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the 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 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.
?s I RFP 2r6-oOe-ME
36
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 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 Proposels Authorized Representative:Title of Proposels Authorized Representative:
Signature of Propose/s Authorized Representative:Date:
State of FLORIDA )
)
On this _day of _, 20_, personally
appeared before me who
County of _) stated that (s)he is the
, a corporation, and that the instrument was
signed in behalf of the said corporation by authority of its board of
directors and acknowledged said instrument to be its voluntary act
and deed, Before me:
of
3S I RFP 2t6-OOe-ME
37
MIAMIBEACH
3t I RFP 20t6-oo9-ME
& l.rr j.nlifi,FAr.H
€ rtl lrvlruLr\u{I
38
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF
THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND
vEHlcLES," BY AMENDING ARTICLE !1, ENTITLED "METERED
PARKING," BY AMENDING DIVISION 1, ENTITLED "GENERALLY,"BY AMENDING SECTION 106.47, ENTITLED "FREIGHT,
COMMERCIAL, AND PASSENGER CURB LOADING ZONES; HOURS,
DELIVERIES"; BY DELETING SUBSECTION (C), (D) AND (E); BY
AMENDTNG SUBSECTTON (B) TO REQUTRE PROPERTY OWNERS
AND BUSINESSES TO CONFIRM COMPLIANGE WITH SUBSEGTION
(G) FOR COMMERCTAL MOTOR VEHTCLES DELTVERTES AND
SERVICES; BY PROHIBITING DELIVERIES OR SERVICES FOR
COMMERCIAL MOTOR VEHICLES THAT FAIL TO COMPLY WITH
SUBSEGTIONS (F) THROUGH (N); BY GREATING A NEW
SUBSECT|ON (D) AND (E), WHICH LIMITS THE AUTHORTW OF THE
SPECIAL MASTER; BY AMENDING THE ENFORCEMENT AND
PENALTY PROVISTONS FOR VTOLATTONS OF SUBSECTTON (B);
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission has held discussions related to
commercial motor vehicles blocking lanes on Washington Avenue, Collins Avenue; Ocean
Drive, West Avenue and other major corridors, which discussions included enforcement action
and long term solutions; and
WHEREAS, the City has established commercial and freight loading zone regulations
that provide opportunities for commercial motor vehicles to properly conduct their deliveries
without impeding or destructing vehicular lanes of traffic throughout the City; and
WHEREAS, the Administration believes that property owner(s) or business(es) must
ensure that the commercial motor vehicle operator(s) continue to comply with those permit
requirements, restricted hours, and maximum time limits in order to protect the health, safety
and welfare of the motoring public; and
WHEREAS, this amendment is necessary to ensure that property owner(s) and
business(es) within these highly traveled corridors are not complacent, and are responsible for
the obstruction of vehicular lanes by commercial motor vehicles during the acceptance of
deliveries and services.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 106, "Traffic and Vehicles," Article ll, "Metered Parking," Division 1,
"Generally," Section 106-47, entitled, "Freight, Commercial, and Passenger Curb Loading
Zones; Hours, Deliveries"; of the Code of the City of Miami Beach, Florida, is hereby
established, as follows:
Agenda ltem Rse
Date ll-lq-tf39
Chapter 1O6. Traffic and Vehicles
Article ll. Metered Parking
Division. 1 Generally
Sec. 106-47. Freight, commercial, and passenger curb loading zones; hours, deliveries.
(a) [Authorization.] The city manager or his designee is hereby authorized to designate any
street freight, commercial, and passenger curb loading zones as permissible automobile
parking areas during such hours as such officials, in their discretion, may direct.
(b) [Enforcement against property owners and/or businesses.] Freight, commercial, and
passenger curb loading zone regulations, including as posted by sign, may be enforced, in
addition to the procedures provided in this chapter, against property owners and/or
businesses which accept services or deliveries from commercial motor vehicles or vehicles
violating such regulations.
(1') A propertv owner(s) or business that accepts services or deliveries from a commercial
motor vehicle must confirm that the operator/driver of the commercial motor vehicle has
complied with subsection (o).
(!) lt is prohibited for a propertv owner(s) or business to acceot anv services or deliveries
from the operator/driver of a commercial motor vehicle that is not in compliance with
subsections (fl throuqh (n).
@ fne oroniOitions s
Uusinesses tnat ac
resPonsiOte tor tne Oetiv
(€) Civil fine fer vielaters= The fellewing eivil fines shall be impesed fer a vielatien ef this
se€tien'
@rry
(3) Third effense (within ene year ef the first effense): $300€0
(4) Feurth er mere effenses (within ene year ef the first effense); $600,00
€)previsi et preelude ether law enfereement ageneiee er
isette+
amended fren' time t
vielatien; ameunt ef fine fer whieh the vielater is liable, instruetiene and due date fer paying
the fine; netiee that the vielatien may be appealed by requesting an adrninistrative hearing
within ten days after serviee ef the netiee ef vielatien and that failure te appeal the vielatien
within the ten dayq shall eenstitute an admissien ef the vielatien and a \,vaiver ef the right te
a+ea+in$
40
vielatien within ten days ef the issuanee ef the netiee ef vielatien,
@ien
(g) Penalties and enforcement.
1. A violation of subsection (b) shall be subiect to the followinq fines:
a. lf the violation is the first offense. a person shall receive a civil fine
of $1.000.00:
b. lf the violation is the second violation within the precedino six
months. a person shall receive a civil fine of $2,000.00:
c. lf the violation is the third violation within the precedino six months.
a person shall receive a civil fine of $3,000.00:
d. lf the violation is the fourth or subsequent violation within the
precedino 2 months. a person shall receive a civil fine of $5,000.00.
2. Enforcement. The Miami Beach police department. the Parkino
Department or the Code Compliance Department shall enforce this
section. This shall not preclude other enforcement aoencies from any
action to assure compliance with this section and all applicable laws. lf a
violation of subsection (b) is observed. the lewer-ease enforcement officer
will be authorized to issue a notice of violation. 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 hearing before a soecial
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.
41
Riqhts of violators: payment of fine: riqht to appear; failure to pav civil fine
or to appeal: appeals from decisions of the special master.
a. A violator who has been served with a notice of violation must elect
to either:
i. pav the civil fine in the manner indicated on the notice of
violation. or
ii. 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.
b. The procedures for appeal bv administrative hearinq of the notice of
violation shall be as set forth in sections 30-72 and 30-73 of this
Code. Applications for hearinqs must be accompanied bv a fee as
approved bv a resolution of the city commission. which shall be
refunded if the named violator prevails in the appeal.
c. lf the named violator. after issuance of the notice of violation, fails
to pav the civil fine. or fails to timelv request an administrative
hearino before a special master. the violation is deemed valid. The
failure of the named violator to appeal the decision of the police
officer within the prescribed time period shall constitute a waiver of
the violator's rioht 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 accordinolv.
d. A certified copv of an order imoosino 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. including levv aoainst the violator's real or personal propertv.
but shall not be deemed to be a court iudoment except for
enforcement purooses. On or after the sixtv-first (61st) dav
followino the recordino of anv such lien that remains unpaid. the
Citv mav foreclose or othenuise execute upon the lien.
e. Anv partv aqorieved bv a decision of a special master mav appeal
that decision to a court of competent iurisdiction.
The special master shall be prohibited from hearinq the merits of the notice of violation or
considerino the timeliness of a request for an administrative hearinq if the violator has failed
42
to request an administrative hearino within ten (10) davs of the service of the notice of
violation.
(e) The special m?ster shall not have discretion to alter the penalties prescribed in subsection
(cX1).
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
PHILIP LEVINE, MAYOR
RAFAEL GRANADO, CITY CLERK
Underline denotes new language
Double-unctedine denotes additions after First Reading
S+ike+nreugh denotes deleted language
(Sponsored by Commissioner Michael Grieco)
F:\ATTO\BOKA\Ordinances\Freight Loading Zone - Section 106-47 - Second Reading.docx
5
APPROVEDASTO
FORM & I.ANGUAGE
& FOR E(ECUIION
CfyAfrorEy
43
THIS PAGE INTENTIONALLY LEFT BLANK
44
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance amendments to the land development regulations to consolidate and standardize the
notification, rehearing and appeal procedures for all land use boards, including administrative appeals
and quasi-judicial applications before the historic preservation board, board of adjustment, planning
board, and design review board.
Item Summary/Recommendation :
FIRST READING
The Consolidation and Standardization of Notification Procedures ordinance consolidates the various
notice provisions contained in the Land Development Regulations, and the Rehearings and Appeals
ordinance consolidates these procedures into one section of the City Code. This would also facilitate
the implementation of the Energov and NOVUS Agenda software systems, which the City is currently
configuring.
On October 7,2015, the Land Use and Development Committee recommended approval of the
proposed ordinance amendments.
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 ordinances at
First Reading and schedule a Second Reading Public Hearing for October 28,2015.
Clerk's Office lative Tracki
LANN I NG\Notifi cations,and Appeals - First SUM.docx
AGEIiIDA ITEIII
lntended Outcome Su
Streamline the Delivery of Services Through All Departments. lmprove Building Development
Related Processes From Sinole Familv Residences To The Larqe Development Proiects.
Supporting Data (Surveys, Environmental Scan, etc The City's efforts to meet residents'
s in deliverino services droooed from 670/o in 2012 to 58% in 2014.
The Planning Board is scheduled to review the proposed ordinances on October 27,2015.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPl 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
budoet.
Thomas Mooney
MIAMIBEACH DArE,o-lq-(s
45
MIAMIBEACH
City of ,$iomi Beach, 1700 Convention Center Drive, Miomi Beoch, Florido 33,1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUMMEMO #
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: October 14,2015
the City
FIRST READING
SUBJECT: Consolidation and Standardizing Notifi cation Procedures Ordinance
Rehearing and Appeal Procedures rdinance
AN ORDINANCE OF THE MAYOR AND C!ry COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, BY CREATING SECTION 118.8 ENTITLED*NOTICE PROCEDURES" AT CHAPTER 118, "ADMINISTRATION AND
REVIEW PROCEDURES," !N ORDER TO CONSOLIDATE AND
STANDARDIZE THE NOTIGE PROVISIONS FROM THE VARIOUS
SUBSECTIONS OF THE LAND DEVELOPMENT CODE !N ONE SECTION;
AMENDING AND/OR STRIKING THE VARIOUS NOTICE PROVISIONS FROM
ARTICLE II "BOARDS," DIVISION 5 "BOARD OF ADJUSTMENT" AT
SECTION 118-134; ARTICLE lV "CONDITIONAL USE PROCEDURE,, AT
SECTION 118-193; ARTICLE Vl "DESlcN REVIEW PROCEDURES,, AT
SECTION 118-254; ARTICLE X "HlSTORlc PRESERVATION" DtVtStON 3..ISSUANCE OF CERTIFICATE OF APPROPRIATENESS/CERTTFICATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLITION" AT
SECTION 118-563; AND DIVISION 4 "DESIGNATION" AT SEGTION 1i8-591;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
M!AM! BEACH, FLORIDA, CONSOLIDATING AND STANDARDIZING THE
REHEARING AND APPEAL PROCEDURES, INCLUDING ADMINISTRATIVE
APPEALS AND QUAS!.JUDICIAL APPLICATIONS BEFORE HISTORIC
PRESERVATION BOARD, BOARD OF ADJUSTMENT, PLANNING BOARD,
AND DESIGN REVIEW BOARD, BY AMENDING THE FOLLOWING
SECTIONS: CHAPTER 118, "ADMINISTRATION AND REVTEW
PROCEDURES," AT SECTION 119-9, ENTITLED ,,AppEAL AND
REHEARING PROCEDURES,,; AND AMENDING ARTICLE II ..BOARDS,,
DIVISION 3 "DESIGN REVIEW BOARD" AT SECTION 118-71; DIVISION S..BOARD OF ADJUSTMENT" AT SECTIONS 118.134, 118.136,118.137,118.
138; ARTICLE lV "CONDITIONAL USE PROGEDURE" AT SECTTONS 118-
46
Commission Memorandum
Ordinance Amendments - Notifications, Rehearings and Appeals
October 14,2015 Page 2 o'f 5
193, AND 118-197; ARTICLE Vl "DESlcN REVIEW PROCEDURES" AT
SECTIONS 118-258, 118-260, 118-261, 118-262, 118-263; ARTICLE Vltt
..PROCEDURES FOR VARIANCES AND ADMINISTRATIVE APPEALS" AT
SECTIONS 118-352 and 118-358; ARTICLE lX "NONCONFORMANCES" AT
SECTIONS 118-395 AND 118-397; ARTICLE X "HISTORIC PRESERVATION";
DIVISION 2 "HISTORIC PRESERVATION BOARD REVIEW OF PROJECTS"
AT SECTIONS 118-532, 118-536, AND 118-537; DIVISION 3 "ISSUANCE OF
CERTIF!CATE OF APPROPRIATENESS/CERTIFIGATE TO
DIG/CERTIFICATE OF APPROPRIATENESS FOR DEMOLlTlON" AT
SECTIONS 1'18-563, 118-564, 118-565; DIVISION 5 "SINGLE-FAMILY AD
VALOREM TAX EXEMPTION" AT SECTION 118-609; CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS" AT ARTICLE II "DISTRICT
REGULATIONS," DIVISION 2 *RS-l,RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS AT SECTION 142.108 IN ORDER TO REMOVE
ANY CONFLICTS WITH NEWLY GREATED SEGTION 118-9; PROVIDING
FOR REPEALER; SEVERABILITY; GODIFICATION; AND AN EFFECTTVE
DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve each of
the attached ordinances at First Reading, and schedule a Second Reading Public
Hearing for October 28,2015.
BACKGROUND
On June 10, 2015, at the request of Commissioner Deede Weithorn, the City
Commission referred this item to both the Land Use and Development Committee and
the Planning Board (ltem C4F).
On October 7, 2015, the Land Use and Development Committee recommended
approval of the proposed ordinance amendments.
The Planning Board is scheduled to review the proposed ordinances on October 27,
2015.
ANALYS!S
The City of Miami Beach is in the process of updating the City's procedures and on-line
capabilities through the use of Energov and NOVUS Agenda. These systems will allow
for an online collaboration in processing board applications and creating agendas for all
City Commission and quasi-judicial board meetings. As part of this initiative, City
departments are in the process of configuring the workflows which include the type of
notice needed for the type of application being heard - whether there is a public hearing
notice requirement, whether mailed notice or posting is required, and the time tables for
producing said notice.
Currently, the notice provisions for each board are located throughout the code, and are
not easy to find. Often, the notice provision is subsumed within a larger ordinance, and
differ from board to board making it very difficult for the general public to understand the
47
Commission Memorandum
Ordinance Amendments - Notifications, Rehearings and Appeals
October 14, 201 5 Page 3 of 5
type of notice they can expect. The administration is recommending that the various
notice provisions contained in the Land Development Code be consolidated in one
ordinance, in one section of the Code, and be uniform for the various land use board
applications. This would also facilitate the implementation of the Energov and NOVUS
Agenda software systems and ensure that staff does not err in providing proper notice.
The notice requirements have not changed in the proposed Gonsolidation and
Standardizing of Notification Procedures Ordinance, with the exception of the
inclusion of additional language regarding requirements for posting, as noted in the
underlined section below:
1 18-8 Notice Procedures.
Applications requiring notice shall be noticed in accordance with the following provisions,
unless otherwise more specifically provided for in these Land Development Regulations:
(a) Advertisement. At least 30 days prior to the public hearing date, a description of
the request, and the date, time and place of such hearing shall be noticed in a
newspaper of general circulation. Applicant shall pay advertisement fee as
applicable.
(b) Mail Notice. At least 30 days prior to the public hearing date, a description of the
request, and the date, time and place of such hearing shall be given by mail to the
owners of record of land lying within 375 feet of property. Applicants shall submit
all information and certifications necessary to meet this requirement, as determined
by the department. Additionally, courtesy notice shall also be given to any state
nonprofit community organization which has requested of the director in writing to
be notified of board hearings. Applicant shall pay mailing fees as applicable.
(c) Posting. At least 30 days prior to the public hearing date, a description of the
request, and the date, time and place of such hearing shall be posted on the
property. Such postino shall be a minimum dimension of 11 inches bv 17 inches,
and located in a visible location at the front of the propertv. and shall not be posted
on a fence or wall that would be obstructed bv the operation of a qate. The applicant
shall pay posting fee as applicable.
Similarly, the rehearing and appeal procedures are also scattered throughout the City
Code, are difficult to find, and are inconsistent in listing the requirements for filing such
an application. The proposed Rehearing and Appea! Procedures Ordinance has been
organized as follows:
Sec. 1 18-9 - Rehearing and appeal procedures.
(a) Rehearings
(1) Decisions eligible for a rehearing
(2) Eligible rehearing filing requirements
A. Timeframe to file.
B. Eligible parties
C. Application requirements.
D. Notice requirements.
(3) Actions by the board.
G) Stay of work.
48
Commission Memorandum
Ordinance Amendments - Notifications, Rehearings and Appeals
October 14,2015 Page 4 of 5
(5) Tolling.
(b) Administrative appeal procedures
(1) Decisions eligible for administrative appeals
(2) Eligible appeal filing requirements:
A. Timeframe to file:
B. Eligible parties
C. Application requirements.
D. Notice requirements.
(3) Outside Councilto the Planning Department.
(4) Actions by the board.
(5) Stay of work and proceedings on appeal.
(6) Tolling.
(c) Appeals of land use board applications.
(1) Decisions ineligible for appeal except to circuit court
(2) Decisions eligible for appeal
(3) Eligible appeal filing requirements
A. Timeframe to file.
B. Eligible parties
C. Application requirements:
D. Notice requirements.
(4) Action.
(5) Stay of work and proceedings on appeal.
The substance of the regulations have not changed in the proposed ordinance, with the
following noted exceptions:
Section 118-193. - Applications for conditional uses. Currently the timeframe to
obtain a building permit for an adult congregate living facility is 12 months, and
any the Planning Board may only approve an extension of time for up to three
months. The Ordinance changes the timeframe to obtain a building permit to 18
months, and an additional 12 months for an extension of time, in order be
consistent with all other conditional use applications. Also, an appeal of an
extension of time for an ALF currently is required to go to the City Commission,
and the proposed ordinance eliminates this provision; defaulting instead to the
standard appeal procedures of a Planning Board application.
Section 118-537. - Rehearings and appeals. The proposed ordinance relocates
this entire section into the newly incorporated Section 1 18-9. - Rehearing and
appeal procedures.
To keep all appeals consistent as to timing, an appeal of an HPB administrative
decision from 10 days to 15 days to be consistent with all other administrative
appeals to the DRB.
Under the sections relating to hiring of outside counsel, we have added language
to include the ability to use another attorney from the City Attorney's office that
would be independent from the attorney presiding over the Boards.
1.
2
3.
4.
49
Commission Memorandum
Ordinance Amendments - Notifications, Rehearings and Appeals
October 14, 2015 Page 5 of 5
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.
GONCLUS!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 ordinances at First Reading and schedule a Second Reading
Public Hearing for October 28,2015.
JLM/SMT/TRM/MAB
T:\AGENDAV01S\October\PLANNING\Notifications, Rehearings, and Appeals - First Reading MEM.docx
50
CONSOLIDATION AND STANDARDIZING OF NOTIFICATION PROCEDURES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CREATING SECTION 118.8 ENTITLED "NOTICE
PROCEDURES'' AT CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," IN ORDER TO CONSOLIDATE AND STANDARDIZE THE
NOTICE PROVISIONS FROM THE VARIOUS SUBSECTIONS OF THE LAND
DEVELOPMENT GODE lN ONE SEGTION; AMENDING AND/OR STRIKING
THE VARIOUS NOTICE PROVISIONS FROM ARTICLE II "BOARDS,"
DIVISION 5 "BOARD OF ADJUSTMENT" AT SECTION 118-134; ARTICLE lV
"CONDITIONAL USE PROCEDURE" AT SECTION 118-193; ARTICLE Vl
"DESIGN REVIEW PROCEDURES" AT SECTION 118-254; ARTICLE X
,,HISTORIC PRESERVATION" DIVISION 3 "ISSUANCE OF CERTIFICATE OF
APPROPRIATEN ESS/CERTI FICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" AT SEGTION 118-563; AND
DIVISION 4 "DESIGNATION" AT SECTION 118-591; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach is in the process of updating the City's procedures
and on-line capabilities through the use of Energov and NOVUS Agenda, which systems, will
allow for an online collaboration in processing board applications and creating agendas for all
City Commission and quasi-judicial board meetings; and
WHEREAS, as part of this initiative, City departments are in the process of configuring
the workflows which include the type of notice need for the type of application being heard -whether there is a public hearing notice requirement, whether mailed notice or posting is
required, and the time tables for producing said notice; and,
WHEREAS, Currently, the notice provisions for each board are located throughout the
code, and are not easy to find. Often, the notice provision is subsumed within a larger
ordinance, and differ from board to board making it very difficult for the general public to
understand the type of notice they can expect.
WHEREAS, in an effort to foster transparency and facilitate ease of use, the City
Planning Department has requested that the various notice provisions contained in the Land
Development Code, for each type of application is consolidated in one ordinance, in one section
of the Code, and be uniform for the various land use board applications; and
WHEREAS, consolidation would also facilitate the implementation of the Energov and
NOVUS Agenda software systems and ensure that staff does not err in providing proper notice.
WHEREAS, the notice requirements have not changed in the draft Consolidation and
Standardizing of Notification Procedures Ordinance, with the exception of the inclusion of
51
additional language regarding requirements for posting, which language ensures that the
posting is clearly visible from the street.
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY GOMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA
SECTION 1. That Chapter llS, "Administrative and Review Procedures", Article l"ln General",
Section 118-8 "Notice Procedures for Quasi-Judicial, Public Hearinq Land Use Board Actions"
hereby established as follows:
118-8 Notice Procedures For Quasi=ludicial. Public Hearins QuasiJudicial Land Use
Board Actions.
Quasi-iudicial, public hearinq, applications for land use board actions (Board of Adiustment.
Desiqn Review Board, Historic Preservation Board. and Plannino Board) that require notice
shall be noticed in accordance with the followinq provisions, unless othenrise more specificallv
provided for in these Land Development Requlations, and shall pav a fee pursuant to Section
1 18-7, and Appendix A:
(a) Adverfisemenf. At least 30 davs prior to the quasi-iudicial. public hearino date. a
description of the request, and the date, start time of the meetino and location of the
hearinq shall be noticed in a newspaper of qeneral circulation. Applicant shall be required
to pav all associated costs relatinq to the advertisement.
(b) Mal Nofice. At least 30 davs prior to the quasi-iudicial, public hearino date. a description
of the request. and the date, start time of the meetinq. and location of the hearing shall be
qiven bv mail to the owners of record of land lvino within 375 feet of the propertv subiect to
the application. Applicants shall submit all information and certifications necessarv to
meet this requirement, as determined bv the department. Additionallv, courtesv notice
shall also be qiven to anv Florida nonprofit communitv oroanization which has requested
of the director in writinq to be notified of board hearinqs. Applicant shall be required to pav
all associated costs relatinq to the mailed notice.
(c) Posfinq. At least 30 davs prior to the quasi-iudicial, public hearinq date, a description of the
request, and the date, time and place of such hearinq shall be posted on the propertv.
Such postinq shall be a minimum dimension of 11 inches bv 17 inches, and located in a
visible location at the front of the propertv, and shall not be posted on a fence or wall that
would be obstructed bv the operation of a qate. Applicant shall be required to pav all
associated costs relatinq to the posting.
SECTION 2. That Chapter llS, "Administrative and Review Procedures", Article ll "Boards",
Division 5 "Board of Adjustment" at Sec. 1 18-134, "Applications", is hereby amended as follows:
Sec. 118-134. - Applications. @
Quasi-iudicial public hearinq applications shall be submitted to the planninq department. which
shall prepare a report and recommendation for consideration bv the board of adiustment.-The
52
ing
has been held, At least 30 days prier te the publie hearing date; a deseriptien ef the request;
in
ive
ing
appeele+
SECTION 3. That Chapter 118, "Administrative and Review Procedures", Article lV "Conditional
Use Procedures," at Section 118-193, "Applications for conditional uses", is hereby amended as
follows:
Sec. 118-193. - Applications for conditional uses.
Quasi-iudicial, public hearinq aApplications for approval of a conditional use shall be submitted
to the planning department, which shall prepare a report and recommendation for consideration
bytheplanningboard,andwhenrequired,bythecitycommission.Wimq
heard, At least 30 days prier te the publie hearing date; a deseriptien ef the request; and the
in-a
paper et general pa
ef land lying within 375 feet ef the preperty, This mailed netifieatien requirement shall be the
SECTION 4. That Chapter llS, "Administrative and Review Procedures", Article Vl "Design
Review Procedures" at Section 118-254, "Decision of design review board", is hereby amended
as follows:
Sec. 118-254. - Decision of design review board.
(a) The design review board shall consider each application at a quasi-iudicial, public hearing,
at which the applicant and interested persons shall have an opportunity to express their
opinions, present evidence and rebut all evidence presented. The planning department,
shall provide the applicant with advance notice of the hearing date and time, including a
copy of the agenda and the recommendation of the planning department.
(O) nt rcast eg eays prio
time and plaee ef sueh hearing shall be (i) pested en the preperty; (ii) advertised in a paper
ef general paid eireulatien in the eemmunity' and (iii) given by mail te the ewners ef reeerd
ef land lying within 375 feet ef preperty, The mail netifieatien requirement shall be the
netified ef beard hearings, The beard shall appreve; appreve with eenditiens er deny
app+ea+iens=
53
SECTION 5. That Chapter 1 18, "Administrative and Review Procedures", Article X "Historic
Preservation", Division 3 " lssuance of Certificate of Appropriateness/Certificate to
Dig/Certificate of Appropriateness for Demolition" at Section 118-563, "Review procedure", is
hereby amended as follows:
Sec. {18-563. - Review procedure.
(a) All quasi-iudicial public hearinq applications involving demoIition, new construction,
alteration, rehabilitation, renovation, restoration or any other physical modification of any
building, structure, improvement, significant landscape feature, public interior or site
individually designated in accordance with sections 118-591 , 118-592 and 118-593, or
located within an historic district shall be placed on the next available agenda of the historic
preservation board for its review and consideration after the date of receipt of a completed
application.
(b) The beard shall held a publie hearing regarding eaeh applieatien in aeeerdanee with the
e+epprepria+eness=
(e) All applieatiens fer a eertifieate ef apprepriateness fer the demelitien er partial demelitien ef
i
physical medifi6a
flellewing a publie hearing, At least 30 days prier te the publie hearir€ dater a deseriptien ef
the request with the date, time' and plaee ef sueh hearing shall be (i) pested en the
preperty; (ii) adveft
given by mail te the
(!) 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 of the following criteria are satisfied, except as
permitted under subsection 1 18-56a(fl(6):
SECTION 6. That Chapter 118, "Administrative and Review Procedures", Article X "Historic
Preservation", Division 4, "Designation" at Section 118-591, "Historic designation procedure", is
hereby amended as follows:
4
54
(f)
Sec. 118-591. - Historic designation procedure.
**
Public hearing;--netifieatien. A quasi-iudicial public hearing on a proposed historic
preservation designation shall be conducted by the historic preservation board after the
date a designation report has been filed. The preperty ewners ef reeerd within 375 feet ef
the preperty prepesed fer designatien shall be netified by mail ef the publie hearing at least
30 days in advanee ef the hearing, This netifieatien requirement shall be the respensibility
*+ne+pptiean+
Designation procedures initiated by owners of single-family homes in single-family districts.
Notwithstanding the above, the following shall apply to any request by property owners for
the individual designation of their single-family homes as historic structures:
(2) Reserved. Publie netiee requ
fer the subjeet designatien; a deseriptien ef the request with the time and plaee ef the
publie hearing; sh
eemmsnitl+
SECTION 7. 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 8. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 9. SEVERABILITY.
lf any section, subsection, clause or provision
shall not be affected by such invalidity.
SECTION 10. EFFECTIVE DATE.
of this Ordinance is held invalid, the remainder
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of ,2015.
Philip Levine, Mayor
ATTEST:
(g)
APPROVED AS TO
FOi?M & LANGUAGE
" & FOR EXECUTIqN
t | / ;',i:1 a r / -b,7.L,r*i . rc f7,i) :,5
Rafael E. Granado, City Clerk
l\
Dote
55
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Strit<e$reugh de notes deleted lang uage
[Sponsored by Commissioner Deede Weithorn]
T:\AG EN DA\201 S\October\PLAN N I Nc\Notifi cation Procedures - First Reading ORD. docx
56
Rehearing and Appeal Procedures
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, CONSOLIDATING AND STANDARDIZING THE
REHEARING AND APPEAL PROCEDURES, INCLUDING ADMINISTRATIVE
APPEALS AND QUASI.JUDICIAL APPLICATIONS BEFORE HISTORIC
PRESERVATION BOARD, BOARD OF ADJUSTMENT, PLANNING BOARD,
AND DESIGN REVIEW BOARD, BY CREATING THE FOLLOWING SECTION:
CHAPTER 1 18, "ADMINISTRATION AND REVIEW PROGEDURES,'' AT
SECTION 118.9, ENTITLED "APPEAL AND REHEARING PROCEDURES";
AND AMENDING ARTICLE II "BOARDS" DIVISION 3 "DESIGN REVIEW
BOARD" AT SECTION 1f 8-71; DIVISION 5 "BOARD OF ADJUSTMENT" AT
SECTIONS 118-134, 118-136, 118-137, 118-138; ARTICLE lV "CONDITIONAL
USE PROCEDURE" AT SECTIONS 118-193, AND 118-197; ARTICLE Vl..DESIGN REVIEW PROCEDURES" AT SECTIONS f 18.258, 118.260, 118.
261,118-262,118-263; ARTICLE Vlll "PROCEDURES FOR VARIANCES AND
ADMINISTRATIVE APPEALS" AT SECTIONS 118-352 and 118-358; ARTICLE
lX "NONCONFORMANCES" AT SECTIONS 118-395 AND 118-397; ARTICLE
X "HISTORIC PRESERVATION"; DIVISION 2 "HISTORIC PRESERVATION
BOARD REVIEW OF PROJEGTS" AT SECTIONS 118-532, 118.536, AND 118-537; DIVISION 3 "ISSUANCE OF CERTIFICATE OF
AP P ROPRIATE N ESS/C ERTI FICATE TO DIG/CERTIFICATE OF
APPROPRIATENESS FOR DEMOLITION" AT SECTIONS 118.563, 118.564,
118-565; DIVISION 5 "SINGLE-FAMILY AD VALOREM TAX EXEMPTION" AT
SECTION 118-609; CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS'' AT ARTICLE II "DISTRICT REGULATIONS,'' DIVISION 2..RS.1,RS.2, RS.3, RS.4 SINGLE FAMILY RESIDENTIAL DISTRICTS AT
SECTION 142-108IN ORDER TO REMOVE ANY CONFLICTS WITH NEWLY
CREATED SECTION 118-9; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, The City of Miami Beach is in the process of updating the City's procedures
and on-line capabilities through the use of Energov and NOVUS Agenda, which systems, will
allow for an online collaboration in processing board applications and creating agendas for all
city commission and quasi-judicial board meetings; and
WHEREAS, As part of this initiative, City departments are in the process of configuring
the workflows which include the type of notice need for the type of application being heard -
whether there is a public hearing notice requirement, whether mailed notice or posting is
required, and the time tables for producing said notice; and
WHEREAS, the notice provisions for each board are located throughout the code, and
are not easyto find, and the City is simultaneously proposing to amend Chapter 118 to create
118-8 to consolidate all notice procedures for land use boards in one, easy to read, and utilize
section of the Code; and
WHEREAS, the City intends to follow the same process with notice for and process of
appeal or rehearing of land use board quasi-judicial proceedings; and
57
WHEREAS, this consolidation would also facilitate the implementation of the Energov
and NOVUS Agenda software systems and ensure that staff does not err in providing proper
notice and provide applicants, as well as the public with an easier to understand appellate
process; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved.
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 I "!n General"
at Section 118-9, "Rehearing and appeal procedures", is hereby established, as follows:
Sec. 118-9
The followino requirements shall applv to all rehearinqs and appeals bv land development
boards unless otherwise more specificallv provided for in these land development reoulations.
and applicable fees and costs shall be oaid to the Citv as required under section 118-7 and
Appendix A to the Citv Code. As used herein, "land use board(s)" shall mean the board of
adiustment, desiqn review board. historic preservation board and planninq board.
(a) Rehearinos.
(1) The tvpes of land use board decisions eliqible for a rehearinq are as follows:
A. Historic preservation board. historic preservation board order relatinq to the
issuance of a Certificate of Appropriateness, dio or demolition. Bert J. Harris
rehearinq is separatelv addressed at subsection (a)(6), below.
B. Desion review board. desion review board order relatins to desiqn review
approval. onlv.
C. Except as delineated above. rehearinqs are not available for anv other
application. or for anv other land use board action.
D. There shall onlv be allowed one rehearino. per application, althouqh multiple
persons mav participate in or request the rehearinq.
(2) Eliqible rehearinq applications shall be filed in accordance with the process as outlined
in subsections A throuoh D below:
A.
director on or before the 15" dav after the rendition of the board order. Rendition
shall be the date upon which a sioned written order is executed bv the board's
clerk.
2
58
B. Eliqible parties. Parties elioible to file an application for rehearinq are limited to:
(i) Oriqinal applicant(s)(ii) The citv manaoer on behalf of the citv administration(iii) An affected person, which for purposes of this section shall mean either a
person ownino propertv within 375 feet of the applicant's proiect reviewed
bv the board, or a person that appeared before the board (directlv or
represented bv counsel). and whose appearance is confirmed in the record
of the board's public hearinq(s) for such proiect.
(iv) Miami Desion Preservation Leaoue(v) Dade Heritaqe Trust
C. Application requirements. The petition to the board shall be in a writinq that
contains all facts. law and arqument, bv or on behalf of an eliqible partv, and
demonstrate the followinq:
(i) Newlv discovered evidence which is likelv to be relevant to the decision of
the board. or(ii) The board has overlooked or failed to consider somethinq which renderers
the decision issued erroneous.
D. Notice requirements. All land use board applications elioible to request a
rehearino are subiect to the same noticino requirements as an application for a
public hearino, in accordance with section 118-8. The rehearinq applicant shall be
responsible for all associated costs and fees.
(3) Outside Counsel to the Plannins Department. ln the event of a rehearinq to the
applicable land use board. the plannino director mav enqaqe the services of an attornev.
or utilize a separate, independent, attornev from the citv attornev's office. for the purpose
of representino the administrative officer and plannino staff durinq the rehearinq.
(4) Actions bv the applicable land use board. After the rehearino request is heard. the
applicable land use board mav take the actions outlined in subsections (i) throuoh (v)
below:
(i) Rehear or not rehear a case.(ii) lf the decision is to rehear the application. the board mav take additional
testimonv.(iii) Reaffirm their previous decision.(iv) lssue a new decision, and/or(v) Reverse or modifv the previous decision.
(5) Stav of work. A rehearino application to the applicable land use board stavs all work on
the premises and all proceedinqs in furtherance of the board action: however, nothino
herein shall prevent the issuance of buildino permits or partial buildino permits
necessarv to prevent imminent peril to life. health or propertv, as determined bv the
buildinq official.
(6) Tollins. See tollino provision under (bX6).
59
(7) Rehearinqs due to Bert J. Harris Glaim. A petition for rehearino pursuant to a Harris
Act claim, the petition shall include the followino documentation which shall be submitted
no later than 15 davs after the submission of the petition for rehearino:
A. A bona fide, valid appraisal supportino the claim of inordinate burden and
demonstratinq the loss. or expected loss, in fair market value to the real propertv
as a result of the board's action:B. All factual data described in subsection 118-564(c): provided. however, in
the event all or anv portion of the factual data was available to the applicant prior
to the conclusion of the public hearino before the historic preservation or ioint
desion review board/historic preservation board and the applicant failed to furnish
same to the board's staff as specified in subsection 118-564(c), then, the board
mav. in its discretion. denv the applicant's request to introduce such factual data:C. A report prepared bv a licensed architect or enqineer analvzinq the
financial implications of the requirements, conditions or restrictions imposed bv
the board on the propertv or development proposed bv the applicant with respect
to which the applicant is requestinq a rehearinq:D. A report prepared bv a licensed architect or enqineer analvzino
alternative uses for the real propertv. if anv:E. A report prepared bv a licensed architect or enqineer determinino
whether. as a result of the board action, the owner is permanentlv unable to
attain the reasonable. investment-backed expectation for the existinq use of the
real propertv or a vested riqht to a specific use of the real propertv with respect to
the real propertv as a whole. or that the propertv owner is left with existino or
vested uses that are unreasonable: andF. A report prepared bv a licensed architect or enqineer addressino the
feasibilitv. or lack of feasibilitv, of effectuatinq the board's requirements.
conditions or restrictions and the impact of same on the existinq use of the real
propertv or a vested riqht to a specific use of the real propertv.
(b) Administrative appeal procedures:
(1) Decisions elioible for administrative appeals:
G. Plannins Board Gonditional Use Applications. An eliqible partv mav appeal a
decision of the planninq director to the plannino board reoardinq a decision
reached on a conditional use application.
H. Board of Adiustment administrative appeals.
(i) With the exception of those items expresslv identified within this section
for appeals of administrative decisions specificallv deleqated to the other
land use boards. the board of adiustment shall have the power and dutv
to hear and decide appeals when it is alleqed that there is error in anv
order. requirement. decision, or determination made bv an administrative
official in the enforcement of these land development requlations.(ii) An administrative appeal pursuant to subsection 1 18-397(b)
60
Historic preservation board administrative appeals. An eliqible partv mav
appeal a decision of the planninq director reoardino the followinq to the historic
preservation board:
(i) An administrative appeal pursuant to subsection 1 18-563(d)('t) or (3).(ii) An administrative appeal pursuant to subsection 1 18-565, or(iii) An administrative appeal pursuant to section 1 18-609.
design review board administrative appeals. An elioible partv mav appeal a
decision of the planninq director reqardino the followino administrative
determinations to the desion board:
(i) An administrative appeal pursuant to subsection 1 18-395.(ii) An administrative appeal pursuant to subsection 1 18-260, or(iii) An administrative appeal pursuant to subsection 142-108.
(2) Eliqible administrative appeals shall be filed in accordance with the process as outlined
in subsections A throuoh D below:
A. Timeframe to file:(i) Plannino board. A petition for an administrative appeal shall be submitted
to the planninq director published a decision on the conditional use
application on or within 15 davs after the date on which the director or
desionee published a decision reached on a Conditional Use application.
For this section of the code, published shall mean the rulinq beino
released. in writinq. and distributed bv the plannino director. or his
desionee.
of the publication of a refusal of a permit bv, notice of violation. rulinq,
decision or determination of, the buildino official or other administrative
official.
Historic preservation board. A petition for an administrative appeal shall
be submitted to the planninq director on or before the 1Sth dav after the
date on which the director or desionee published a decision on
applications submitted pursuant to subsection 1 18-563(dX1). pertainino to
oround level additions to existinq structures. and subsection 1 18-
563(dX3). pertainino to facade and buildinq restoration.
pursuant to either subsections 1 18-395 or 142-108.
Eliqible parties. Parties elioible to file an application for an administrative appeal are
limited to the followins:
(i) Oriqinal applicant / propertv owner
(i i)
(iv)Desiqn review board. The followino timeframes shall applv for
61
(ii) The citv manaoer on behalf of the citv administration. except for
administrative appeals pursuant to sections 118-260, 118-395, and 142-
108.(iii) An affected person. which for purposes of this section shall mean a
person owninq propertv within 375 feet of the site or application which is
the subiect of the administrative appeal. except for administrative appeals
pursuant to sections 1 18-260, 1 18-375. and 1 18-260.(iv) Miami Design Preservation Leaque. except for administrative appeals
pursuant to sections 1 18-260. 1 18-375. and 1 18-260.(v) Dade Heritaqe Trust, except for administrative appeals pursuant to
sections 1 18-260. 1 18-375, and 1 18-260.
C. Application requirements. The following shall be required for all applications for
admin istrative appeals :(i) The petition to the board shall be in writino: and(ii) Shall bv or on behalf of an eliqible partv: and(iii) shall set forth the factual, technical, architectural. historic and leqal bases
for the appeal: and(iv) The partv filins the appeal shall be responsible for providinq all plans and
exhibits, subiect to plannino department procedures. as well as the
duplication of all pertinent plans and exhibits.
D. Notice requirements. All land use board applications elioible to request a rehearinq
are subiect to the same noticino requirements as an application for a public hearinq.
in accordance with section 1 18-8. The rehearino applicant shall be responsible for
all associated costs and fees.
(3) Outside Counsel to the Planning Department. ln the event of an administrative
appeal to the applicable land use board. the plannino director mav enqaoe the services
of an attornev. or utilize a separate, independent, attornev from the citv attornev's office.
for the puroose of representinq the administrative officer who made the decision that is
the subiect of the appeal.
(4) Board Decisions on Administrative Appeals. The applicable land use board mav.
upon appeal, reverse or affirm. whollv or partlv, the order. requirement. decision. or
determination, and to that end shall have all the powers of the officer from whom the
appeal is taken. The concurrinq vote of five members of the applicable land use board
shall be necessarv to reverse anv order, requirement, decision. or determination of anv
such administrative official or to decide in favor of the applicant on anv matter upon
which the applicable land use board is required to pass under these land development
requlations.
No permit shall be issued for work prior to expiration of the appeal period or final
disposition of anv appeal.
(5) Stav of work and proceedinss on appeal. An appeal to the applicable board stavs all
work on the premises and all proceedinos in furtherance of the action appealed from.
unless one of the exceptions below applies:
A. The official from whom the appeal was taken shall certifv to the applicable land
use board that. bv reason of facts stated in the certificate. a stav would cause
62
imminent peril to life or propertv. ln such a case, proceedinos or work shall not be
staved except bv a restraining order. which mav be qranted bv the board or bv a
court of competent iurisdiction, upon application. with notice to the officer from
whom the appeal is taken and for oood cause shown: or
B. lf the appeal arises from a quasi-iudicial public hearinq before a land use board.
the hearinq before the board to which application was made mav proceed.
provided anv approval does not vest. The final order shall contain appropriate
conditions to stav its effectiveness until the final resolution of all administrative
and court proceedinos. No buildino permit, or certificate of occupancv. or
business tax receipt. dependent upon such hearinq approval. shall be issued
until the final resolution of all administrative and court proceedinqs as certified bv
the citv attornev. The applicant for such land use board hearinq shall hold the citv
harmless and aqree to indemnifv the citv from anv liabilitv or loss resultino from
such proceedinos. Notice of the final resolution of administrative and court
proceedinqs shall be provided as required for notice of hearinos under these land
development requlations.
C. Notwithstandino the foreqoinq. an appeal to the applicable land use board. citv
commission. historic preservation special master or court. or other challenoe to
an administrative official's decision. shall neither stav the issuance of anv buildinq
permit. full buildinq permit or phased buildinq permit nor stav the runninq of the
required time period set bv board order or these land development requlations to
obtain a full buildinq permit or phased buildinq permit.
(6) Tollins durinq all appeals. Notwithstandinq the provisions of Section 118-193(2). 118-
258(c). 1 18-532(fl, or 1 18-564(1 1), in the event the oriqinal decision (board order) of the
applicable board. is timelv appealed. the applicant shall have 18 months, or such lesser
time as mav be specified bv the board. from the date of final resolution of all
administrative and/or court proceedinqs to obtain a full buildinq permit, a certificate of
occupancv, a certificate of use or a certificate of completion, whichever occurs first. This
tollinq provision shall onlv be applicable to the original approval of the board and shall
not applv to anv subsequent requests for revisions or requests for extensions of time.
(g) Appeals of land use board applications.
(1) Decisions of the followinq shall be final. and there shall be no further review thereof
except bv resort to a court of competent iurisdiction bv petition for writ of certiorari:
A. Planninq board.
B. Board of adiustment.
C. Desiqn review board. with respect to variance decisions and administrative appeals,
onlv.
D. Historic preservation board, with respect to variance decisions and administrative
appeals. onlv.
E. Historic preservation special master.
63
(2) Decisions from the followinq mav be appealed as noted:
A. Historic preservation board.
(i) Anv appllcant requestinq an appeal of an approved application from the historic
preservation board (for a Certificate of Appropriateness onlv) shall be made to
the historic oreservation special master, except that a land use board order
orantinq or denvinq a request for rehearinq shall not be reviewed bv the Historic
preservation special master.
(ii) The historic preservation special master shall meet the followino requirements:a. Historic preservation special master qualifications. Historic preservation
special masters appointed to hear appeals pursuant to this subsection shall be
attornevs who are members in oood standino of the Florida Bar and have
expertise in the area of historic preservation.
b. Historic preservation special master terms. Historic preservation special
masters shall serve terms of three vears. provided however, that thev mav be
removed without cause upon a maioritv vote of the citv commission.
Compensation for historic preservation special masters shall be determined bv
the citv commission.
B. Desion review board. Anv applicant requestino an appeal of an approved application
from the desion review board (for design review approval onlv) shall be made to
the citv commission, except that orders qrantinq or denvino a request for
rehearinq shall not be reviewed bv the citv commission.
(3) Eliqible appeals of the desiqn review board or historic preservation board shall be filed in
accordance with the process as outlined in subsections (a) throuoh (d) below:
A. Timeframe to file. A petition for an appeal shall be submitted to citv clerk on or
before the 20th dav after the rendition of the board order. Rendition shall be the date
upon which a siqned written order is executed bv the board's clerk.
B. Eliqible parties to file an application for an appeal are limited to the followins:
(i) Orioinal applicant
(ii) The citv manaqer on behalf of the citv administration
(iii) An affected person, which for purposes of this section shall mean either a person
ownino propertv within 375 feet of the appllcant's proiect reviewed bv the board.
or a person that appeared before the board (directlv or represented bv counsel).
and whose appearance is confirmed in the record of the board's public hearino(s)
for such proiect.
(iv) Miami Desiqn Preservation Leaoue
(v) Dade Heritaqe Trust
C. Application requirements:
(i) The appeal shall be in writino, and include all record evidence. facts. law and
arquments necessarv for the appeal (this appellate document shall be called the
"brief'): and
(ii) shall include all applicable fees, as provided in appendix A, and
(iii) shall be bv or on behalf of a named appellant(s): and
(iv) shall state the factual bases and leqal arqument in support of the appeal: and
64
(v) a full verbatim transcript of all proceedinqs which are the subiect of the appeal
shall be provided bv the partv filinq the petition, alonq with a written statement
identifvinq those specific portions of the transcript upon which the partv filinq it
will relv for purposes of the appeal. The verbatim transcript and written statement
shall be filed no later than two weeks prior to the first scheduled public hearino to
consider the appeal.
D. Notice requirements. All applications for an appeal of the desiqn review board or
historic preservation board are subiect to the same noticinq requirements as an
application for a oublic hearinq, in accordance with section 118-8. The appeal
applicant shall be responsible for all associated costs and fees.
(4) Action. !n order to reverse. amend. modifv, or remand amendment, modification. or
rehearinq the decision of the board. the citv commission (for desiqn review board
appeals), and the historic preservation special master (for historic preservation board
appeals of Certificates of Appropriateness, Diq or Demolition), shall find that the board
did not complv with anv of the followinq:
(i) Provide procedural due process:(ii) Observe essential requirements of law: and(iii) Based its decision upon substantial competent evidence.
The decision on the appeal shall be set forth in writing, and shall be promptlv mailed to
all parties to the appeal. ln order to reverse. or remand. a five-sevenths vote of the citv
commission is required for appeals of the desiqn review board to the citv commission.
(5) Stav of work and proceedinqs on appeal. An appeal to the board stavs all work on the
premises and all proceedinqs in furtherance of the action appealed from, unless one of
the exceptions below applies:
(i) A stav would cause imminent peril to life or oropertv. ln such a case, proceedinss
or work shall not be staved except bv a restrainino order, which mav be qranted
bv the board or bv a court of competent iurisdiction. upon application for qood
cause shown: or
(ii) lf the appeal arises from an application for development review board hearinq or
other approval requiring a hearino before a land use board. the hearino before
the board to which application was made mav proceed, provided anv approval
does not vest. The final order shall contain appropriate conditions to stav its
effectiveness until the final resolution of all administrative and court proceedinqs.
No buildinq permit. or certificate of occupancv. or business tax receipt.
dependent upon such hearinq approval, shall be issued until the final resolution
of all administrative and court proceedinos as certified bv the citv attornev. The
applicant for such land use board hearinq shall hold the citv harmless and aoree
to indemnifv the citv from anv liabilitv or loss resultino from such proceedinqs.
Notice of the final resolution of administrative and court proceedinqs shall be
provided as required for notice of hearinqs under these land development
requlations. Notwithstanding the foreqoino. an appeal to the board or court. or
other challenqe to an administrative official's decision. shall neither stav the
issuance of anv buildinq oermit. full buildinq permit or phased buildino permit nor
stav the runninq of the required time period set bv board order or these land
development requlations to obtain a full buildinq permit or phased buildino permit.
65
Section 2. That Chapter 118, "Administration And Review Procedures," Article ll "Boards",
Division 3 "Design Review Board, at Section 118-71, "Powers and Duties", is hereby amended,
as follows:
Sec. 1 18-71. - Powers and duties.
The design review board shall have the following powers and duties:
(5)Tohearanddecideappealsoftheplanningdirector
seetion-{{€460
SECTION 3. That Chapter 118, "Administration And Review Procedures," Article ll "Boards,"
Division 5 "Board of Adjustment" at Section 118-134, "Notification of hearings", is hereby
amended, as follows:
Sec. 1 18-134. - Reserued. Wings.
The beard ef adustment shall net vary er medify any regulatien er previsien ef these land
ing
hes-been-hel+
in
the respensibility ef the applieant, Where the applieatien is fer an appeal ef an administ{ative
ing
eppede+
SECTION 4. That Chapter 118, "Administration And Review Procedures," Article ll "Boards,"
Division 5 "Board of Adjustment," at Section 118-136, "Powers and duties", is hereby amended,
as follows:
Sec. 118-136. - Powers and duties.
(a) The board of adjustment shall have the following powers and duties:
(1) To hear and decide appeals pursuant to the procedural requirements of Section 1 18-9.
when it is alleged that there le errer in any erder; requirement; deeisien, er
ive-emeer wne maAe tne
@
whelly er partly; the erder; requirement, deeisien, er determinatien, and te that end
ing
10
66
vete ef five members ef the beard shall be neeessary te reverse any erder'
in faver et tne appl
+ens=
(b) The board of adjustment shall serve as the city's floodplain management board in
reviewing applications for properties within its jurisdiction and shall have the authority to
exercise all powers and perform all duties assigned to such board pursuant to section 54-31
et seq. and Resolution No. 93-20698, and in accordance with the procedures set forth therein
as such ordinance and resolution may be amended from time to time. For the purposes of
determining jurisdiction, the criteria in section 1 18-35't(a) shall be utilized.
SECTION 5. That Chapter 118, "Administration And Review Procedures," Article ll "Boards,"
Division 5 "Board of Adjustment," at Section 118-137, "Stay of work and proceedings on
appeal", is hereby amended, as follows:
Sec. 118-137. Reserved. Stay ef werk and pre.
(1) An appeal te the beard ef adjustment stays all werk en the premises and all preeeedings in
furtheranee ef the aetien appealed frem; unless ene ef the exeeptiens in subseetien (2)
applie€=
€f+xeeptiens,
(a) The effieial frem whem the appeal was taken shall eertify te the beard ef adjustment
eempetent jurisdietien' upen applieatien' with netiee te the effieer frem whem the
(b) lf the appeal arises frem an applieatien fer develepment review beard hearing er ether
whieh applieatien was made may preeeed; previded any appreval dees net vest, The
final erder shall eentain apprepriate eenditiens te stay its effeetiveness until the final
i
r€gu{etiens"
ehallenge te an administrative effieial's deeisien; shall neither stay the issuanee ef any
full building permit er phased building permit,
11
67
SECTION 6. That Chapter llS, "Administration And Review Procedures," Article ll "Boards,"
Division 5 "Board of Adjustment," at Section 118-138, "Appeal of board of adjustment's
decision", is hereby amended, as follows:
Sec. 1 18-138. Reserved.
The deeisien ef the beard ef adjuetrnent shall be final and there shall be ne further review
ierari
SECTION 7. That Chapter 118, "Administration And Review Procedures," Article lV "Conditional
Use Procedures," at Section 118-193, "Applications for conditional uses", is hereby amended,
as follows:
Sec. 118-193. - Applications for conditiona! uses.
Applications for approval of a conditional use shall be submitted to the planning
department, which shall prepare a report and recommendation for consideration by the planning
board, and when required, by the city commission.
(1) Site plan required. Each application for a conditional use permit shall be accompanied
by a site plan meeting the requirements of section 118-1, and such other information
as may be required for a determination of the nature of the proposed use and its effect
on the comprehensive plan, the neighborhood and surrounding properties.
(2) Exoiration of Orders of Plannino Board Time-.limitatiens.
a. An applicant shall have up to 18 months, or such lesser time as may be specified
by the board, from the date of the board meeting at which a conditional use was
granted to obtain a full building permit, a certificate of occupancy, a certificate of
use or a certificate of completion, whichever occurs first. The foregoing 18-month
time period, or lesser time period, includes the time period during which an appeal
of the decision of the planning board may be filed. lf the applicant fails to obtain a
full building permit within 18 months, or such lesser time period as is specified, of
the board meeting date at which a conditional use was granted and/or construction
does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, the conditional use shall be
deemed null and void. Extensions for good cause, not to exceed a total of one
year for all extensions, may be granted by the planning board, provided the
applicant submits a request in writing to the planning and zoning director no later
than 90 calendar days after the expiration of the original approval, showing good
cause for such an extension. At the discretion of the planning director, an applicant
may have up to 30 days (not to extend beyond 30 months from the date of original
approval) to complete the building permit review process and obtain a full building
permit, provided that within the time provided by the board to obtain a full building
permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the
planning department has reviewed the plans and provided initial comments.
ing
em
preeeedings te ebtain a
12
68
full building permit; a eertifieate ef eeeupaney, a eertifieate ef use er a eertifieate ef
eempletien; whiehever eeeurs first, This telling previsien shall enly be applieable te
the eriginal appreval ef the beard and shall net apply te any subsequent requests
fer revisiens er requests fer extensiens ef time,
Please refer to 118-9 relatino to appealed orders, and tollino.
b---4ime--limitatiens fer ad ult eengreg ate I ivi n g faeilities :
1, Appreval ef an a adult eengregate living faeility under the eenditienal use
within ene year after the date ef appreval, Sueh eenditienal use shall beeenre
ien-er+n
ing permit is
issue+
frem eemplying with eenditien+ ef appreval within the abeve stated timeperi@mit a request te the planning beard whieh may
ins
fermi@ime et up te six mentn
eenstruetien werk and ebtain + eertifieate ef eeeupaney, eertifieate ef
@r€ense;
eemmissien, A five sevenths vete ef the eemmissien shall be required te
ime
beard's deeisien ie reaehed,
SECTION 8. That Chapter 118, "Administration And Review Procedures," Article lV "Conditional
Use Procedures," at Section 118-197, "Review of conditional use decisions", is hereby
amended, as follows:
Sec. 118-197. - Reserved. isiens.
(a) An applieant may appeal a deeisien ef the planning and zening direeter te the planning
the direeter reaehed a deeisien en the eenditienal use applieatien, The appeal shall be
hin 45 days ef reeeipt ef the appeal,
(b) ln erder te reverse; amend; er medify a eenditienal use deeisien ef the planning-and zening
direeter; the beard shall find that the direeter did net de ene ef the fellewing;
(3) Base his/her deeisien upen substantial eempetent evidenee,
The beard shall issue a written erder setting ferth its deeisien; whieh shall be premptly mailed te
@
13
69
(e) An appliear*; the eity manager' en behalf ef the administratien, the ewner ef preperty
Trust may seek review ef a eenditienal use deeisien ef the planning beard, Review ef a
eenditienal use deeisien ef the planning beard sl'rall be te a eeurt ef eempetent jurisdietien
@iera+i
(d) Any review stays all werk en the premises and all preeeedings ineluding a request fer a
SECTION 9. That Chapter llS, "Administration And Review Procedures," Article Vl "Design
Review Board Procedures," at Section 118-258, "Building permit application", is hereby
amended, as follows:
Sec. 118-258. - Building permit application.
**
(c) Expiration of orders of the Desiqn Review Board. No building permit, full building permit or
phased development permit shall be issued for any plan subject to design review except in
conformity with the approved plans. The applicant shall have up to 18 months, or such
lesser time as may be specified by the board, from the date of the board meeting at which
design review approval was granted to obtain a full building permit or a phased
development permit. The foregoing 18-month time period includes the 20-day time period
during which an appeal of the decision of the design review board may be filed, pursuant to
the requirements of Section 118-9. lf the applicant fails to obtain a full building permit or a
phased development permitwithin 18 months, orsuch lessertime as may be specified by
the board, of the board meeting date at which design review approval was granted, and/or
construction does not commence and proceed in accordance with said permit and the
requirements of the applicable Florida Building Code, all staff and board approvals shall be
deemed null and void. Extensions for good cause, not to exceed a total of one year for all
extensions, may be granted by the board, at its sole discretion, provided the applicant
submits a request in writing to the planning director no later than 90 calendar days after the
expiration of the original approval, showing good cause for such an extension. At the
discretion of the planning director, an applicant may have up to 30 days (not to extend
beyond 30 months from the date of original approval) to complete the building permit review
process and obtain a full building permit, provided that within the time provided by the board
to obtain a full building permit a valid full building permit application and plans have been
filed with the building department, a building permit process number has been issued and
the planning department has reviewed the plans and provided initial comments.
i tne geard ef adju
the planning beard that is a requirement ef the eriginal deeisien ef the design review beard,
shall have 18 menths' er sueh lesser time as may bespeei inistrative
is
telling previsien shall enly be applieable te the eriginal appreval ef the beard and shall net
ime=
Please refer to 1 18-9 relatinq to appealed orders. and tollinq.
14
70
SECTION 10. That Chapter 118, "Administration And Review Procedures," Article Vl "Design
Review Board Procedures," at Section 118-260, "Special review procedure", is hereby
amended, as follows:
Sec. 118-260. - Administrative Review Procedures@.
(a) The planning director or designated representative, shall have the authority to approve,
approve with conditions or deny an application on behalf of the board, for the following:
(1) Ground level additions to existing structures, not to exceed two stories in height, which
are not substantially visible from the public right-of-way, any waterfront or public park.
For those lots which are greater than 10,000 square feet, the floor area of the proposed
addition may not exceed ten percent of the floor area of the existing structure or
primary lot, whichever is less, with a maximum total floor area not to exceed 5,000
square feet.
(2) Replacement of windows, doors, storefront frames and windows, or the approval of
awnings, canopies, exterior surface colors, storm shutters and signs.
(3) Facade and building alterations, renovations and restorations which are minor in
nature.
(4) Minor demolition and alterations to address accessibility, life safety, mechanical and
other applicable code requirements.
(5) Minor demolition and alterations to rear and secondary facades to accommodate
utilities, refuse disposal and storage.
(6) Minor work associated with the public interiors of buildings and those interior portions
of commercial structures which front a street or sidewalk.
(7) Minor work involving public improvements upon public rights-of-way and easements.
(8) Minor work which is associated with rehabilitations and additions to existing buildings,
or the construction, repair, or rehabilitation of new or existing walls, at-grade parking
lots, fences.
The director's decision shall be based upon the criteria listed in this article. The applicant
may appeal a decision of the planning director to the design review board, pursuant to the
procedural requirements of Section 118-9. @ien and netiee requirements,
The applieant shall be respensible fer previding and effeetuating all netieing requirements,
SECTION 11. That Chapter llS, "Administration And Review Procedures," Article Vl "Design
Review Board Procedures," at Section 118-261, "Rehearings", is hereby amended, as follows:
Sec. I I 8-261. Reserved.-*ehea+ingp.
The design review beard may hear a petitien fer rehearing @n+
irm
their previeus deeisien er issue a new deeisien reversing er medifying their previeus deeisien,
The petitien fer rehearing must demenstrate te the beard that (i) there is newly diseevered
15
71
signed; written o
fully exeeuted erder is returned te; and is in the pessessien ef; the elerk, An erder will issue en
in
in+
SEGTION 12. That Chapter llS, "Administration And Review Procedures," Article Vl "Design
Review Board Procedures," at Section 118-262, "Review of design review decisions", is hereby
amended, as follows:
Sec. 118-262. Reserved. ieiens=
(a) The applieant; er the eity manager en behalf ef the eity administratien; er an affeeted
ing-€r
this seetien, "affeeted persen" shall mean either (i) a persen ewning preperty within 375 feet
ef the applieant's prejeet reviewed by the beard, er (ii) a persen that appeared befere the
ie
revi ign-review beard, shall net
ien
ef the beard's erder en the petitien, Upen reeeipt ef the request, the eity elerk shall plaee
that there shall be ne requirement fer mailed netifieatien regarding the subjeet review, A full
verbatim transeript ef all preeeedings whieh are the subjeet ef the appeal shall be previded
ie
The verbatim transeript and written statement, er if represented by legal eeunsel,
the design review beard; the eity eemmissien shall finC that the design review beard did net
ee-ene-e++ne+eUewq+
(3) Base its deeisien upen substantial eempetent evidenee,
16
72
eemmissien's deeisien shall be set ferth in a written erder whieh shall be premptly mailed te all
pa*ies+e+ne-revie*
(e) Appeal frem a deeisien ef th€ eity eemmissien shall be te a eeurt ef eempetent jurisdietien
SECTION 13. That Chapter 118, "Administration And Review Procedures," Article Vl "Design
Review Board Procedures, "at Section 118-263, "Stay during rehearings/reviews/appeals", is
hereby amended, as follows:
Sec. 118-263. Reserved
(a) The filing ef a request fer rehearing pursuant te seetien 1 18 261 er fer review pursuant te
ien
ing€,
er preperty, as determined by the building effieial,
SECTION 14. That Chapter llS, "Administration And Review Procedures," Article Vll
"Procedures for Variances," at Section 118-352, "Procedure", is hereby amended, as follows:
Sec. 118-352. - nesgrvea. Preeedure-
(a) Filing peried, Every applieatien fer a varianee; an after the faet varianee er an appeal frem
permi isien er determinatien ef, the building effieial er
ether administrative effieial, lf the applieant er appellant reeeives netiee ef the abeve by
ianee
SECTION 15. That Chapter llS, "Administration And Review Procedures," Article Vll
"Procedures for Variances," at Section 118-358, "Appeal of variance decision", is hereby
amended, as follows:
Sec. 1 18-358. Reserved. @isie+
The deeisien ef the beard ef adjustment; histerie preservatien beard, er design review
varianee exeept by resert te a eeurt ef eempetent jurisdietien by petitien fer writ ef eertierari,
17
73
SECTION 16. That Chapter 118, "Administration And Review Procedures," Article lX
"Nonconformances," at Section 118-395, "Repair and/or rehabilitation of nonconforming
buildings and uses", is hereby amended, as follows:
Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.
(b) Nonconforming buildings.
*
(2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent
of the value of the building as determined by the building official, shall be subject to the
following conditions:
e. Development regulations for buildings not located within a designated historic
district and not an historic site.
3. For purposes of this subsection, the planning director, or designee shall make
a determination as to whether a building is architecturally significant according
to the following criteria:
i. The subject structure is characteristic of a specific architectural style
constructed in the city prior to 1965, including, but not limited to,
vernacular, Mediterranean revival, art deco, streamline moderne, post-
war modern, or variations thereof;
ii. The exterior of the structure is recognizable as an example of its style
and/or period, and its architectural design integrity has not been modified
in an irreversible manner; and
iii. Exterior architectural characteristics, features, or details of the subject
structure remain intact.
A property owner may appeal any determination of the planning director, or
designee relative to the architectural significance of a building constructed
prior to 1965 to the design review board, in accordance with the requirements
and procedures pursuant to the requirements of Section 118-9. e#i€le+V+
SECTION 17. That Chapter llS, "Administration And Review Procedures," Article lX
"Nonconformances," at Section 118-397, "Existence of a nonconforming building or use", is
hereby amended, as follows:
Sec. 118-397. - Existence of a nonconforming building or use.
(a) The planning and zoning director shall make a determination as to the existence of a
nonconforming use or building and in so doing may make use of affidavits and investigation
18
74
in addition to the data presented on the city's building card, occupational license or any
other official record of the city.
(b) The question as to whether a nonconforming use or building exists shall be a question of
fact and in case of doubt or challenge raised to the determination made by the planning and
zoning director, the question shall be decided by appeal to the board of adjustment
pursuant to the requirements of Section 118-9. in
ln making the determination
the board may require certain improvements that are necessary to insure that the
nonconforming use or building will not have a negative impact on the neighborhood.
SEGTION 18. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 118-532, "Proceedings before the historic preservation board", is
hereby amended, as follows:
Sec. 118-532. - Proceedings before the historic preseryation board.
(0 Timeframes to obtain a building permit. The applicant shall have up to 18 months, or such
lesser time as may be specified by the board, from the date of the board meeting at which a
certificate of appropriateness was issued to obtain a full building permit or a phased
development permit. The foregoing 18-month time period, or such lesser time as may be
specified by the board, includes the time period during which an appeal of the decision of
the historic preservation board may be filed. lf the applicant fails to obtain a full building
permit or a phased development permit within 18 months, or such lesser time as may be
specified by the board, of the board meeting date at which a certificate of appropriateness
was granted and/or construction does not commence and proceed in accordance with said
permit and the requirements of the applicable Florida Building Code, the certificate of
appropriateness shall be deemed null and void. Extensions for good cause, not to exceed a
total of one year for all extensions, may be granted by the historic preservation board, at its
sole discretion, provided the applicant submits a request in writing to the planning
department no later than 90 calendar days after the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning director, an
applicant may have up to 30 days (not to extend beyond 30 months from the date of original
approval) to complete the building permit review process and obtain a full building permit,
provided that within the time provided by the board to obtain a full building permit a valid full
building permit application and plans have been filed with the building department, a
building permit process number has been issued and the planning department has
reviewedtheplansandprovidedinitialcomments.
r there is
regt+i ien beard, and sueh appeal is
the applieant shall have 18 menths; er sueh lesser time as ma)' be speeified by the histerie
@in a full building permit er phased develepment permit, This telling
ime,
Please refer to 1 18-9 relatinq to appealed orders. and tollinq.
19
75
SECTION 19. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 1 18-536, "Variances prohibited", is hereby amended, as follows:
Sec. 1 18-536. - Variances prohibited.
No variances shall be granted by the zoning board of adjustment from any of the provisions
or requirements of this section; provided, however, the foregoing prohibition shall not limit or
restrict an applicant's right to a rehearing or to appeal decisions of the historic preservation
b o a rd-asArevidedin{his.e#iele=
SECTION 20. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," at Section 118-537, "Rehearings and appeals", is hereby amended, as follows:
Sec. 1 18-537. Reserved.@
€)-+enearings,
(1) The histerie preservatien beard may eensider a petitien fer rehearing by the applieant,
iami
"affeeted persen" shall mean either a persen ewning preperty within 375 feet ef the
(direetly er represented by eeunsel), and whese appearanee is eenfirmed in the reeerd
ef the beard's publie hearing(s) fer sueh prejeet, The petitien fer rehearing must
the+ear,*
@
e, The beard's aetien er erder:
1, Teek plaee after May 11; 1995 and is aetienable underthe Bert J, Harris, Jr,
vested right te a speeifie use ef the applieant's real preperty (refened te herein
@
ing
use" and "vested right te a speeifie use" shall have same meanings aseribed te
day after the date ef renditien ef the beard's erder; hewever, in eases where a eenditieni is-ineapable ef being dene
within this 15 day time frame; a petitien fer rehearing may be filed within 60 days ef the
76
"date ef renditien" shall be the date upen whieh a signed' written erder is filed with the
e
Harris Aet elaim; the petitien shall inelude the fellewing deeumentatien wlrieh shall be
in+
the eenelusien ef the publie hearing befere th+histerie preservatien er jeint design
the beard's staff as speeified in subseetien 118 56 l(e), then, the beard
e, A repert prepared by a lieensed arehiteet er engineer analyzing the finaneial
i
+n+
d, A repert prepared by a lieensed arehiteet er engineer analyzing alternative uses fer
@
er a vested right te a speeifie use ef the real preperty with respeet te the real
ing-er-vested uses
@
f, A repert prepared by a lieensed arehiteet er engineer addressing the feasibility, er
iens---er
vested right te a speeifie use ef the real preperty,
(3) ln the event that any ef the deeumentatien required in subseetien (aX2) ef thi+seetien
i
the applieant shall file an affidavit stating the infermatien whieh eannet be ebtained and
i
eri Veftnepa*Vtilingthepetitien'
eien
er issue a new aeeis
based en a Harris Aet elaim and the beard eeneludes that the aetien er erder
i
21
77
(S)-*ppeats,
(1) The applieant; the ewner(s) ef the subjeet preperty, the eity manager; Miami Design
this seetien; "affeeted persen" shall mean either a persen ewning preperty within 375
the beard (direetly er represented by eeunsel), and whese appearanee is eenfirmed in
the reeerd ef the beard's publie hearing(s) fer sueh prejeet, The appeal shall be based
en the reeerd ef the hearing befere the beard; shall net be a de neve hearing, and ne
en behalf ef a named appellant(s), and shall be submitted te the eity elerk en er befere
ing
te the netiee requirements fer the eriginal deeisien upen whieh the appeal is based,
exeept that there shall be ne requirement fer mailed netifieatien regarding the subjeet
in+
e, Base its deeisien upen substantialeempetent evidenee,
Within ten days ef the date ef the hearing the speeial maeter shall issue a written erder
appeal,
ise-in
previded hewever;
eity eemmissien, eempensatien fer speeial masters shall be determined by the eity
(4) An applieant; the ewner(s) ef the subjeet preperty; the eity manager, Miami Design
ierari
SECTION 21. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
78
Appropriateness for Demolition," at Section 118-563, "Review procedure", is hereby amended,
as follows:
Sec. 118-563. - Review procedure.
(e) The applieant; the ewner(s) ef the suhjeet preperty, Miami Design Preservatien teague,
Dade Heritage Trust er an aggrieved party may appeal a{ny decision of the staff regarding
subsections 118-563(d)(1) and subsection 118-563(d)(3), may be appealed to the historic
preservation board pursuant to the requirements of Section 118-9. @
de€isien= No permit shall be issued for work prior to expiration of the appeal period or final
disposition of any appeal.
eensidered by the histerie preservatien beard at the next available meeting date, pursuant
fer Breviding and effeetuating all netieing requirements, subjeet te planning department
SECTION 22. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
Appropriateness for Demolition," at Section 118-564, "Decisions on certificates of
appropriateness", is hereby amended, as follows:
Sec. 118-564. - Decisions on certificates of appropriateness.
(1 1) Expiration of order of Board. The applicant shall have up to 18 months, or such lesser
time as may be specified by the board, from the date of the board meeting at which a
certificate of appropriateness for demolition was granted to obtain a full building permit
or a phased development permit. The foregoing 18-month time period or such lesser
time as may be specified by the board, includes the time period during which an appeal
of the decision of the historic preservation board may be filed. lf the applicant fails to
obtain a full building permit or a phased development permit within 18 months, or such
lesser time as may be specified by the board, of the board meeting date at which a
certificate of appropriateness for demolition was granted and/or construction does not
commence and proceed in accordance with said permit and the requirements of the
applicable Florida Building Code, the certificate of appropriateness for demolition shall
be deemed null and void. Extensions for good cause, not to exceed a total of one year
for all extensions, may be granted by the historic preservation board, at its sole
discretion, provided the applicant submits a request in writing to the planning
department no later than 90 calendar days after the expiration of the original approval,
setting forth good cause for such an extension. At the discretion of the planning
director, an applicant may have up to 30 days (not to extend beyond 30 months from
the date of original approval) to complete the building permit review process and obtain
a full building permit, provided that within the time provided by the board to obtain a full
building permit a valid full building permit application and plans have been filed with the
building department, a building permit process number has been issued and the
23
79
planning department has reviewed the plans and provided initial comments.
Netwithstanding the feregeing, in the event the eriginal deeisien ef the histerie
ien--rs
timely appealed; er there is an appeal ef an appreval frem the beard ef adjustment
ie
ingpreviei shall net
ime'
Please refer to 1 18-9 relatinq to appealed orders, and tollino.
SECTION 23. That Chapter llS, "Administration And Review Procedures," Article X "Historic
Preservation," Division 3 "Certificate of Appropriateness/Certificate of Dig/Certificate of
Appropriateness for Demolition," at Section 118-565, "Special review procedure", is hereby
amended, as follows:
Sec. 118-565. - Special review procedure.
For minor exterior structural repairs, alterations and improvements, associated with single-
family homes located within designated historic districts, that are visible from a public way, or
work that affects the exterior of the building associated with rehabilitations and additions to
existing buildings, the planning director, or designee, shall have the authority to approve,
approve with conditions or deny an application on behalf of the board. The director's decision
shall be based upon the criteria listed in this article. Any appeal of the decision of the planning
director shall be filed pursuant to the requirements of Section 118-9. - Rehearinq and appeal
procedures. eensi
SECTION 24. That Chapter 118, "Administration And Review Procedures," Article X "Historic
Preservation," Division 5 "Single Family Ad Valorem Tax Exemption," at Section 118-609,
"Completion of work", is hereby amended, as follows:
Sec. 118-609. - Completion of work.
(e) lf the planning director, or designee determines that the work as complete is not in
compliance with the plans approved pursuant to city commission approval of the tax
exemption, the applicant shall be advised that the final request for review of completed
work has been denied. Such denial shall be in writing and provide a written summary of the
reasons for the determination, including recommendations to the applicant concerning the
changes to the proposed work necessary to bring it into compliance with the approved
plans. The applicant may file an appeal of the decision of the planning director, or designee,
pursuant to the requirements of Section 1 18-9. wi
24
80
(b)
SECTION 25. 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" at Section
142-108, Provisions for the demolition of single-family homes located outside of historic
districts," is hereby established, as follows:
Appeals. The applieant er any preperty ewner within 375 feet ef the subjeet single
@tThedecisionoftheplanningdirector,ordesignee,which
shall bear the presumption of correctness, pertaining to the architectural significance
of a single-family home, mav be appealed to the desiqn review board. pursuant to the
r"ouir"r"nt. of S""tion 118-9. within ten daye ef isien, No
demolition permit may be issued within any appeal period, and if an appeal is filed,
while the appeal is pending
@
SECTION 26. CODIFIGATION.
It is the intention of the Mayor and city commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SEGTION 27. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 28. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 29. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION .t
t c ll//;
%-te-
Rafael E. Granado, City Clerk
25
81
First Reading:
Second Reading:
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ikeftreugh denotes removed language
[Sponsored by Commissioner Deede Weithorn]
T:\AGENDA\201S\OctobeAPl-ANNINc\Rehearing and Appeal Procedures - First Reading ORD.docx
26
82
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,. .I:"
Gity of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomib€ochfl.gov
OFFICE OF THE CITY ATTORNEY
RAUL J. AGU![A, CITY ATTOR.NEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM:
DATE:
RAUL J. AGUILA2 &0r:l-
CITY ATTORNEY
ocToBER 14,2015
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF M!AM! BEACH, FLORIDA, AMENDING MIAMI
BEACH CITY CODE CHAPTER 2, ARTICLE VII, DIVISION 5
ENTITLED ..CAMPAIGN FINANCE REFORM,'' BY ADDING
THERETO SECTION 2491 ENTITLED "DISCLOSURE OF
SOLICITATION", REQUIRING ANY CANDIDATE OR CAMPAIGN
COMMITTEE OF A CANDIDATE FOR THE OFFICES OF MAYOR OR
COMMISSIONER OR MEMBER OF THE CITY COMMISSION WHO,
ON BEHALF OF A POLITICAL COMMITTEE WHICH SUPPORTS
OR OPPOSES CANDIDATES FOR ELECTED CITY OFFICE,
SOLICITS CAMPAIGN CONTRIBUTIONS FOR CITY ELECTED
OFFICE FROM A VENDOR, LOBBYIST ON A PROCUREMENT
ISSUE, REAL ESTATE DEVELOPER AND/OR LOBBYIST ON A
REAL ESTATE DEVELOPMENT ISSUE, TO DISCLOSE THE
DATE OF SOLICITATION AS WELL AS NAME AND
CONTRIBUTION AMOUNTS OF ANY INDIVIDUAL WHO WAS
SOLICITED, DISCLOSURE TO BE FILED IN CITY CLERK'S
OFFICE.
Pursuant to the request of Commissioner Deede Weithorn, the attached ordinance has been
drafted for the purpose of amending the City's Campaign Finance laws so as to include therein a
requirement for public disclosure by the City's elected officials and candidates for said office and
their campaign committees of any solicitation by them of vendors, real estate developers, and
their respective lobbyists (as said terms are defined in City Code sections 2-487 through 2-490)
for campaign contributions, as otherwise permitted by the City Code.
This amendment to the City's ethics laws serves to augment the City's intent of good
government, and will once more place the City of Miami Beach at the forefront of local ethics
legislation. The attached ordinance is thus ready for City Commission review and deliberation.
Agenda ltem
Date
RsoW83
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEAGH CIry
CODE CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED "CAMPAIGN
FINANCE REFORM," BY ADDING THERETO SECTION 2.491
ENTITLED "DISCLOSURE OF SOLICITATION", REQUIRING ANY
CANDIDATE OR CAMPAIGN COMMITTEE OF A CANDIDATE FOR THE
OFFICES OF MAYOR OR COMMISSIONER OR MEMBER OF THE CITY
COMMISSION WHO, ON BEHALF OF A POLITICAL COMMITTEE
WHICH SUPPORTS OR OPPOSES CANDIDATES FOR ELECTED CITY
OFFICE, SOLICITS CAMPAIGN CONTRIBUTIONS FOR CITY
ELECTED OFFICE FROM A VENDOR, LOBBYIST ON A
PROCUREMENT ISSUE, REAL ESTATE DEVELOPER AND/OR
LOBBYIST ON A REAL ESTATE DEVELOPMENT ISSUE, TO
DISCLOSE THE DATE OF SOLICITATION AS WELL AS NAME AND
CONTRIBUTION AMOUNTS OF ANY INDIVIDUAL WHO WAS
SOLICITED, DISCLOSURE TO BE FILED IN CITY CLERK'S OFFICE.
WHEREAS, in Citizens lJnitedl , the Supreme Court of the United States
endorsed disclosure reporting requirements for political speech as a matter of sound
public policy, finding that: "The First Amendment protects political speech; and
disclosure permits citizens and shareholders to react to the speech of corporate entities
in a proper way. This transparency enables the electorate to make informed decisions
and give proper weight to different speakers and messages"2; and
WHEREAS, the Supreme Court has further affirmed that disclosure requirements
appear to be the least restrictive means of "curbing the evils of campaign ignorance and
corruption..."; and
WHEREAS, pursuant to concerns expressed at recent meetings of the Miami
Beach City Commission and among City residents and other members of the public
questioning certain City Commission members' solicitation of City vendors, the City
Commission has determined that public disclosure of such solicitation and the
solicitation of other classes of donors that present the greatest threat of actual or
perceived quid pro quo (i.e., lobbyists for procurement matters, real estate developers,
and lobbyists on real estate development issues3) by the City's elected officials and
candidates for said office (which solicitation is othenruise permitted under existing law) is
vital to address concerns of perceived undue influence and quid pro quo, thus
reinforcing the confidence of the public in our municipal system of representative
democracy.
' Citirens Unitedv. Federal Election Commission" 558 U.S. 310 (2010).
2 rd. at37l.
3 Term definitions at Subsection B(1), hereinbelow.
84
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article Vll, Division 5 entitled
"Campaign Finance Reform," is hereby amended by adding the following City Code
Section 2-491 entitled "Disclosure of Solicitation" to read as follows:
Sec. 2-491. Disclosure of Solicitation.
A. Disclosure.
Any candidate or campaign committee of a candidate for the offices of mayor or
commissioner, or member of the City Commission, who solicits campaign contributions for
a City elected office from a vendor, lobbyist on a procurement issue, real estate
developer and/or lobbyist on a real estate development issue, on behalf of a political
committee which supports or opposes candidates for City office shall disclose, on a
form created by the City Clerk's Office, the date of solicitation, and the name and
contribution amounts of any individual who was solicited for such contribution. The form
shall be filed in the City Clerk's Office for public inspection within 5 days from the date in
which the subject solicitation occurred.
B. Definitions.
(1) The terms "vendo/', "lobbyist on a procurement issue", "real estate developed'
or "lobbyist on a real estate development issue", shall have the meaning ascribed to
such terms in Chapter 2, Article Vll, Division 5 of the Miami Beach City Code.
(2) "Candidate" shall have the meaning ascribed to such term in Florida Statutes,
Section 97 .021(5), as amended and supplemented.
(3) "Contribution" shall have the meaning ascribed to such term in Florida
Statutes, Chapter 106, as amended and supplemented.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILIry.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SEGTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
85
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the _ day of ,2015.
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado
City Clerk
Requested by Commissioner Deede Weithorn
2015.
Philip Levine
Mayor
'6R'^fAU"-3ilB'& FOR EXECUTION
pht6
-#Dote'F:\ATTO\AGUR\RESOS-ORD\Weithorn\Ord Discl Solic.docx
86
r.e, -e.
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City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
OFFICE OF THE CITY ATTORNEY
RAUL J. AGUILA, CITY ATTORNEY
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
t1t ,n 11 IFROM: RAUL J. AGUILAC(" / L,T I
CITY ATTORNEY
DATE: OCTOBER 14, 2015
SUBJECT: INCREASING STRINGENCY OF CITY OF MIAMI BEACH ETHICS
LAWS BY AMENDING CITY CODE CHAPTER 2, ARTICLE VII.,STANDARDS OF CONDUCT", DIVISION 5 ENTITLED..CAMPAIGN FINANCE REFORM," BY ADDING THERETO
SECTION 2491 ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS OR
ENTITIES FROM LOBBYING CIry COMMISSION FOR 12
MONTHS SUBSEQUENT TO SWEARING IN OF SUBJECT
ELECTED OFFtCIAL(S), ESTABLISHTNG DEFtNtTtONS, AND
LIMITED EXEMPTION; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
Pursuant to the request of Commissioner Deede Weithorn, the attached ordinance has
been drafted for the purpose of amending the City's Campaign Finance laws so as to
include therein a city law prohibiting campaign consultants from lobbying the City
Commission.
This amendment to the City's ethics laws serves to augment the City's intent of good
government, and will once more place the City of Miami Beach at the forefront of local
ethics legislation. The attached ordinance is thus ready for City Commission review and
deliberation.
Aqenda ttem R SP
DateTITGTT87
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING MIAMI BEACH CITY CODE
CHAPTER 2, ARTICLE VII, DIVISION 5 ENTITLED..CAMPAIGN FINANCE REFORM," BY ADDING THERETO
SECTION 2-491 ENTITLED "PROHIBITED LOBBYING BY
CAMPAIGN CONSULTANTS," PROHIBITING CAMPAIGN
CONSULTANTS AND CERTAIN AFFILIATED PERSONS
OR ENTITIES FROM LOBBYING CITY GOMMISSION FOR
12 MONTHS SUBSEQUENT TO SWEARING IN OF
SUBJECT ELECTED OFFtC!AL(S), ESTABLTSHTNG
DEFINITIONS, AND LIMITED EXEMPTION; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
WHEREAS, corruption and the appearance of corruption in the form of campaign
consultants exploiting their influence with City elected officials on behalf of private
interests may erode public confidence in the fairness and impartiality of City
governmental decisions; and
WHEREAS, the City of Miami Beach has a paramount interest in preventing
corruption or the appearance of corruption which could result in such erosion of public
confidence; and
WHEREAS, prohibitions on campaign consultants lobbying former
clients/members of the City Commission will protect public confidence in the electoral
and governmental processes. lt is thus the purpose and intent of the people of the City
of Miami Beach in enacting this Ordinance to prohibit campaign consultants from
exploiting or appearing to exploit their influence with City elected officials on behalf of
private interests.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Miami Beach City Code Chapter 2, Article Vll, Division 5 entitled
"Campaign Finance Reform," is hereby amended by adding the following City Code
section 2-491 entitled "Prohibited Lobbying by Campaign Consultants" to read as
follows:
88
goods or
clerical;
Sec. 2491. Prohibited Lobbying by Campaign Consultants.
A. Prohibition.
No campaign consultant shall lobby the City Commission for a period of 12
months following the swearing in of any elected official(s) for whom the campaign
consultant provided campaign consulting services within the past election cycle.
B. Definitions.
(a) "Campaign consultant" means any person or entity that receives or is
promised economic consideration in exchange for campaign consulting services to a
candidate for elected office in the City of Miami Beach.
(1) "Campaign consultant" shall include any individual who has an ownership
interest of 10% or greater in the campaign consultant, and any employee of the
campaign consultant, except as othenruise excepted below.
(2) "Campaign consultant" shall not include:
i) any vendor for a campaign whose primary responsibility is to supply
services for a campaign.
ii) an employee of a campaign consultant whose sole duties are primarily
or
iii) an employee of a campaign consultant who did not personally provide
campaign consulting services.
(b) "Campaign consulting services" means primary responsibility for campaign
management or campaign strategy.
(c) "Campaign management" means conducting, coordinating or supervising a
campaign to elect a candidate.
(d) "Campaign strategy" means formulation of plans for the election of a
candidate.
(e) "Candidate" shall have the meaning ascribed to such term in Florida Statutes,
section 97 .021(5), as amended and supplemented.
(f) "Economic consideration" means any payments, fees, commissions, gifts, or
anything else of value received directly or indirectly as consideration for campaign
consulting services. The term "economic consideration" does not include
reimbursements for out of pocket expenses.
(g) "Past election cycle" means the subject immediately preceding City of Miami
Beach General Election/Special Election held for the purpose of electing a member of
the City Commission.
(h) "Lobby" for purposes of this Code Section shall mean the act of seeking to
encourage the passage, defeat or modification of any ordinance, resolution, action or
decision of any member of the City Commission.
C. Limited Exemption.
A campaign consultant who has within the past election cycle provided
campaign consulting services to an incumbent member of the City Commission, and
has entered into a lobbying contract prior to the effective date of the ordinance creating
this code section, the term of which lobbying contract includes the subject proscribed 12
89
month period established in Subsection A above, is exempt from the proscription herein
with limited regard to that subject lobbying contract.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf any section, sentence, clause or phrase of this ordinance is held to be invalid
or unconstitutional by any court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this ordinance.
SECTION 4. CODIFICATION.
!t is the intention of the Mayor and City Commission of the City of Miami Beach,
and it is hereby ordained that the provisions of this ordinance shall become and be
made a part of the Code of the City of Miami Beach, Florida. The sections of this
ordinance may be renumbered or re-lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect the
PASSED and ADOPTED this
ATTEST:
day of 2015.
day of 2015.
Philip Levine
Mayor
Rafael E. Granado
City Clerk
Requested by Commissioner Deede Weithorn
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECI'TION
t:tti {tj
F:\ATTO\AGUR\RESOS-ORD\Weithorn\l Ord.ProhLobby-CampConsultants (4).doc
Dote
90
Condensed Title:
A RESOLUTION ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO
THE RANKING OF FIRMS, PURSUANTTO REQUEST FOR QUALIFICAT|ONS (RFQ) NO.2015-213-
KB FOR THE PREPARATION OF ENVIRONMENTAL ANALYSIS FOR MIAMI BEACH TRANSIT
PROJECTS INCLUDING THE BEACH CORRIDOR TRANSIT CONNECTION PROJECT AND
RELATED SERVICES.
COMMISSION ITEM SUMMARY
Key lntended Outcome Supported:
Ensure Comprehensive Mobility Addressing All Modes Throughout The City/Enhance Pedestrian
U
Suooortinq Data (Survevs. Environmental Scan. etc: N/A
Item Summary/Recommendation :
The Administration issued Request for Qualifications (RFQ) No. 2015-213-KB for the preparation of
environmental analysis for Miami Beach transit projects including the Beach CorridorTransit Connection
Project and related services. On July 10, 2015, the RFQ was issued. A voluntary pre-proposal
conference to provide information to the proposers submitting a response was held on August 19,2015.
RFQ responses were due and received on September 11,2015. The City received a total of four (4)
proposals. The City received proposals from the following firms: Kimley-Horn & Associates, lnc.,
Parsons Brinckerhoff, lnc., HNTB Corporation, and Atkins North America, lnc.
The Evaluation Committee appointed by the City Manager convened on October 1,2015, to consider
proposals received and interview the proposers. The Committee was provided an overview of the
project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law.
The Committee was also provided with general information on the scope of services, references and a
copy of each proposal. The Committee ranked the proposers in accordance with the RFQ Evaluation
Criteria.
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into negotiations
with the top ranked proposer, Kimley-Horn and Associates, lnc. Should negotiations fail, the City
Manager recommends that the Administration be authorized to enter into negotiations with the second
ranked proposer, Parsons Brinckerhoff, lnc. Should negotiations failwith the second ranked proposer,
the City Manager recommends that the Administration be authorized to enter into negotiations with the
third ranked proposer, HNTB Corporation.
RECOMMENDATION
ADOPT THE RESOLUTION.
Advisory Board Recommendation:
Source
of
Funds:
Amount Account
1 The cost of the related services, determined upon successful
negotiations, are subject to funds availability approved through
the Citv's budqetinq process.
OBPI
2
Total
Financial lmpact Summary:
City Clerk's Office Legislative Tracking:
Alex Denis. Jose Gonzalez
Sign-Offs:
T:\AGE
AGENBA TTIM R.7 L
Department Dirgctor Assistant City Manager City Mr nager
JRG>LL ^DM JLM /'fl.
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MIAMIBEACH
City of Miomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSI N MEMORANDUM
TO:Mayor Philip Levine and Members the City mrssron
FRoM: Jimmy L. Morales, City Manager
DATE: October 14,2015
sUBJECT: A RESOLUTION OF THE MAYdR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AC THE RECOMMENDATION OF THE CITY
MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFA) NO. 2015-213-KB FOR THE
PREPARATION OF ENVIRONMENTAL ANALYSIS FOR MIAMI BEACH TRANSIT
PROJECTS INCLUDING THE BEACH CORRIDOR TRANSIT CONNECTION
PROJECT AND RELATED SERVICES, AUTHORIZING THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH KIMLEY.HORN AND ASSOCIATES,
lNC., AS THE TOP RANKED PROPOSER; AND SHOULD THE ADMINISTRATION
NOT BE SUGCESSFUL IN NEGOTIATING AN AGREEMENT WITH KIMLEY.
HORN AND ASSOCIATES, INC., AUTHORIZING THE ADMINISTRATION TO
ENTER INTO NEGOTIATIONS WITH PARSONS BRINCKERHOFF, INC., AS THE
SECOND HIGHEST RANKED PROPOSER; AND SHOULD THE
ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT
WITH PARSONS BRINCKERHOFF, INC., AUTHORIZ!NG THE ADMINISTRATION
TO ENTER INTO NEGOTIATIONS WITH HNTB CORPORATION, AS THE THIRD
HIGHEST RANKED PROPOSER; AND FURTHER AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN AGREEMENT, UPON CONCLUSION OF
SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Ensure Comprehensive Mobility Addressing All Modes Throughout The City/Enhance
Pedestrian Safety Universally.
FUNDING
The cost of the related services, determined upon successful negotiations, are subject to funds
availability approved through the City's budgeting process.
BACKGROUND
The City of Miami Beach, Florida is located on a barrier island between the Biscayne Bay and
the Atlantic Ocean, just east of the City of Miami, Florida. lt is connected to the City of Miami
on the mainland via four causeways. The City is the predominant tourist destination of South
Florida. The City has a population of approximately 87,779, in addition to the millions of
tourists that visit each year.
92
Request For Qualifications (RFQ) No. 2015-213-KB, For Preparation Of EnvironmentalAnalysis For Miami Beach
Transit Proiects lncluding The Beach Corridor Transit Connection Project And Related Services
october M1h,2015
Page 2
For over two years, the City has been working in partnership with the Miami-Dade Metropolitan
Planning Organization (MPO), Miami-Dade Transit (MDT), Florida Department of
Transportation (FDOT), and the City of Miami as part of the ongoing Beach Corridor Transit
Connection Study (formerly known as the Baylink Corridor Study) studying ways to improve
mass transit connectivity between the City of Miami Beach and Downtown Miami.
The Study commenced in Octobet 2013 and focuses on re-evaluating the "Locally Preferred
Alternative" (resulting from the 2004 Baylink Corridor Study), which proposed a light rail
transiUmodern streetcar connection between Miami Beach and Downtown Miami, via the
MacArthur Causeway. A Technical Advisory Committee (TAC) comprised of staff from various
municipal and transportation agencies and a Policy Executive Committee (PEC) comprised of
elected officials from Miami-Dade County, the City of Miami Beach, and the City of Miami was
established as an advisory committee of the MPO to assist the Study consultant team in
making key milestone decisions through the Study process.
At this time, the Study recommendations focus on a Light Rail Transit (LRT)/modern streetcar
system connecting Miami Beach and Downtown Miami via the MacArthur Causeway. Several
new and emerging catenary-free or off-wire technologies for LRT are being evaluated,
including ground-embedded rail and on-board battery storage. The recommended alignment
within Miami Beach consists initially of the MacArthur Causeway, Sth Street, and Washington
Avenue (in order to establish a direct connection to the Miami Beach Convention Center). A
second phase would include an alignment along Alton Road and 17th Street which would
operate as a local route solely within Miami Beach and complement the initial regional cross-
bay route to Downtown Miami. The study contemplates future route expansion along Collins
Avenue to the Julia Tuttle Causeway, connecting to Midtown Miami. ln order to provide
efficient and effective mass transit service, the Project will operate on exclusive rights-of-way
and not in mixed traffic.
At the April 29, 2015 Commission meeting, the City Commission adopted a Resolution
expressing support for expediting the South Beach Component of the Beach Corridor Transit
Connection Project which proposes light rail transiUmodern streetcar connectivity between the
cities of Miami Beach and Miami. Further, the Resolution directed the Administration to work
with the local transportation partners to expedite the South Beach Component and authorized
the Administration to procure any environmental studies required to advance the South Beach
component.
The South Beach Component of the Beach Corridor Transit Connection Project will include,
but not be limited to, the following transportation corridors: SR A1A/sth Street from SR
9O7iAlton Road to Washington Avenue; Washington Avenue from SR 41A/sth Street to Dade
Boulevard; Dade Boulevard from Meridian Avenue to 23rd Street; and Convention Center
Drive.
At the PEC meeting on May 4, 2015, the Committee passed a Resolution approving policy
directives as to how to proceed with the Baylink Project connecting Miami and Miami Beach.
Pursuant to that Resolution, in an effort to expedite at least portions of the Baylink project, the
cities of Miami and Miami Beach may, in a manner consistent with State law, proceed with
their own environmental analysis.
RFQ PROCESS
On July 8,2015, the City Commission approved to issue the Request for Qualifications (RFO)
No. 2015-213-KB for the preparation of environmental analysis for Miami Beach transit
projects including the Beach Corridor Transit Connection Project and related services. On
93
Request For Qualifications (RFQ) No. 2015-213-KB, For Preparation Of Environmental Analysis For Miami Beach
Transit Proiects lncluding The Beach Corridor Transit Connection Project And Related Services
october M1h,2015
Page 3
July 10, 2015, the RFQ was issued. A voluntary pre-proposal conference to provide
information to the proposers submitting a response was held on August 19, 2015. RFQ
responses were due and received on September 11, 2015. The City received a total of four (4)
proposals. The City received proposals from the following firms: Kimley-Horn & Associates,
lnc., Parsons Brinckerhoff, lnc., HNTB Corporation, and Atkins North America, lnc.
On September 11,2015, the City Manager, via Letter to Commission (LTC) No. 357-2015,
appointed an Evaluation Committee (the "Committee"), consisting of the following individuals:. Jesus Guerra, Executive Director, Miami-Dade Metropolitan Planning Organizationo Alice Bravo, Director, Miami-Dade Transit. Harold Desdunes, Director of Transportation Development, Florida Department of
Transportation District 6o Madeleine Romanello, Miami Beach Chamber of Commerce and member of the City's
Transportation, Parking, Bicycle and Pedestrian Facilities Committee. Jose Gonzalez, Transportation Director, City of Miami Beach
The City Manager also considered the following individuals as alternates:o Wilson Fernandez, Transportation Systems Manager, Miami-Dade Metropolitan
Planning Organizationo Albert Hernandez, Assistant Director, Miami-Dade Transito Aileen Boucle, lntermodal Systems Development Manager, Florida Department of
Transportation District 6. Seth Wasserman, Member of the City's Transportation, Parking, Bicycle and
Pedestrian Facilities Committee. Josiel Ferrer-Diaz, Transportation Manager, City of Miami Beach
The Committee convened on October 1,2015 to consider proposals received and interview
the proposers. The Committee was provided an overview of the project, information relative to
the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was
also provided with general information on the scope of services, references, and a copy of
each proposal. Additionally, the Committee engaged in a question and answer session after
the presentation of each proposer. The Committee was instructed to score and rank each
proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process
resulted in the ranking of proposers as indicated in the table below.
MANAGER'S DUE DILIGENCE & REGOMMENDATION
After reviewing all the submissions and the results of the evaluation process, the City Manager
recommends that the Mayor and City Commission authorize the Administration to enter into
negotiations with the top ranked proposer, Kimley-Horn and Associates, lnc. Should
negotiations fail, the City Manager recommends that the Administration be authorized to enter
into negotiations with the second ranked proposer, Parsons Brinckerhoff, lnc. Should
negotiations fail with the second ranked proposer, the City Manager recommends that the
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94
Request For Qualifications (RFQ) No. 2015-213-KB, For Preparation Of Environmental Analysis For Miami Beach
Transit Proiects lncluding The Beach Corridor Transit Connection Project And Related Services
october l4n,zots
Page 4
Administration be authorized to enter into negotiations with the third ranked proposer, HNTB
Corporation.
CONGLUSION
The Administration recommends that the Mayor and City Commission approve the resolution
accepting the recommendation of the City Manager pertaining to the ranking of proposals,
pursuant to Request for Qualifications No.2015-213-KB (the RFQ), For Preparation Of
Environmental Analysis For Miami Beach Transit Projects lncluding The Beach Corridor
Transit Connection Project And Related Services.
),?I"
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95
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 RANKING OF FIRMS, PURSUANT TO
REQUEST FOR QUALIFICATIONS (RFO) NO. 201s-213-KB FOR THE
PREPARATION OF ENVIRONMENTAL ANALYSIS FOR MIAMI BEACH
TRANSIT PROJECTS INCLUDING THE BEACH CORRIDOR TRANSIT
CONNEGTION PROJECT AND RELATED SERVICES, AUTHORIZING THE
ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH KIMLEY-HORN
AND ASSOCIATES, lNC., AS THE TOP RANKED PROPOSER; AND SHOULD
THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN
AGREEMENT WITH KIMLEY.HORN AND ASSOCIATES, INC., AUTHORIZING
THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH PARSONS
BRINCKERHOFF, !NC,, AS THE SECOND HIGHEST RANKED PROPOSER;
AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN
NEGOTIATING AN AGREEMENT WITH PARSONS BRINCKERHOFF, INC.,
AUTHORTZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS
WITH HNTB CORPORATION, AS THE THIRD HIGHEST RANKED
PROPOSER; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT, UPON CONGLUSION OF SUCCESSFUL
N EGOTIATIONS BY THE ADMINISTRATION.
WHEREAS, Request for Qualifications No. 2015-213-KB (the RFa) was issued on July
19,2015, with an opening date of September 11,2015; and
WHEREAS, a voluntary pre-proposal meeting was held on August 19, 2015; and
WHEREAS, the City received a total of four (4) proposals; and
WHEREAS, on September 1 1, 2015, the City Manager, via Letter to Commission (LTC)
No. 357-2015, appointed an Evaluation Committee (the "Committee"), consisting of the following
individuals:. Jesus Guerra, Executive Director, Miami-Dade Metropolitan Planning Organizationo Alice Bravo, Director, Miami-Dade Transit. Harold Desdunes, Director of Transportation Development, Florida Department of
Transportation District 6o Madeleine Romanello, Miami Beach Chamber of Commerce and member of the City's
Transportation, Parking, Bicycle and Pedestrian Facilities Committee. Jose Gonzalez, Transportation Director, City of Miami Beach
The City Manager also considered the following individuals as alternates:o Wilson Fernandez, Transportation Systems Manager, Miami-Dade Metropolitan
Planning Organizationo Albert Hernandez, Assistant Director, Miami-Dade Transito Aileen Boucle, lntermodal Systems Development Manager, Florida Department of
Transportation District 6o Seth Wasserman, Member of the City's Transportation, Parking, Bicycle and Pedestrian
Facilities Committee
Josiel Ferrer-Diaz, Transportation Manager, City of Miami Beach
96
WHEREAS, the Committee convened on October 1,2015 to consider the proposals
received; and
WHEREAS, the Committee was provided an overview of the project; information relative
to the City's Cone of Silence Ordinance and the Government Sunshine Law; general information
on the scope of services, references, and a copy of each proposal; and engaged in a question
and answer session after the presentation of each proposer; and
WHEREAS, the Committee was instructed to score and rank each proposal pursuant to
the evaluation criteria established in the RFQ; and
WHEREAS, the Committee's ranking was as follows: Kimley-Horn and Associates, lnc.,
top-ranked, Parsons Brinckerhoff, lnc., second highest ranked, and HNTB Corporation, third
highest ranked; and
WHEREAS, after reviewing all the submissions and the results of the evaluation
process, the City Manager recommends that the Mayor and City Commission authorize the
Administration to enter into negotiations with the top ranked proposer, Kimley-Horn and
Associates, lnc. Should negotiations fail, the City Manager recommends that the Administration
be authorized to enter into negotiations with the second ranked proposer, Parsons Brinckerhoff,
lnc. Should negotiations fail with the second ranked proposer, the City Manager recommends
that the Administration be authorized to enter into negotiations with the third ranked proposer,
HNTB Corporation.
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. 2015-213-KB (the RFQ), For Preparation Of Environmental
Analysis For Miami Beach Transit Projects lncluding The Beach Corridor Transit Connection
Project And Related Services; authorize the Administration to enter into negotiations with
Kimley-Horn and Associates, Inc.; and should the Administration not be successful in
negotiating an agreement with Kimley-Horn and Associates, lnc., authorize the Administration to
enter into negotiations with Parsons Brinckerhoff, lnc.; should the Administration not be
successful in negotiating an agreement with Parsons Brinckerhoff, lnc., authorize the
Administration to enter into negotiations with HNTB Corporation; and further authorize the
Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by
the Administration.
PASSED AND ADOPTED this _ day of
ATTEST:
2015.
Rafael E. Granado, City Clerk Philip Levine, Mayor APPROVED AS TO
FORM & IANGUAGE
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